[Journal of the House of Representatives, 1996]
[From the U.S. Government Publishing Office, www.gpo.gov]
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
----------------
CONGRESS OF THE UNITED STATES
Begun and held at the Capitol, in the City of Washington, in the
District of Columbia, on Wednesday, the third day of January, in the
year of our Lord nineteen hundred and ninety-six, being the second
session of the One Hundred Fourth Congress, held under the Constitution
of the United States, and in the two hundred and twentieth year of the
independence of the United States.
________________________________________________________________________
[[Page 1]]
.
WEDNESDAY, JANUARY 3, 1996 (1)
The SPEAKER announced that this being the day fixed by the 20th
Amendment of the Constitution for the meeting of the Second Session of
the One Hundred Fourth Congress, called the House to order.
para.1.1 call of the house
The SPEAKER ordered that the Clerk utilize the electronic system to
ascertain the presence of a quorum, and the following-named Members
responded.
para.1.2 [Roll No. 1]
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
Thereupon, the SPEAKER pro tempore, Mr. WALKER, announced that 365
Members had been recorded, a quorum.
Further proceedings under the call were dispensed with.
para.1.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1884. A communication from the President of the United
States, transmitting a proposed supplemental language request
to provide authorization for a 2.4-percent pay raise for U.S.
military personnel (H. Doc. No. 104-158); to the Committee on
National Security and ordered to be printed.
1885. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 2000 resulting from passage of H.R. 1058,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on Government Reform and
Oversight.
1886. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 2000 resulting from passage of H.R. 2336,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on Government Reform and
Oversight.
1887. A letter from the Director, OPM, President's pay
agent, transmitting a report justifying the reasons for the
extension of locality-based comparability payments to cat
[[Page 2]]
egories of positions that are in more than one executive
agency, pursuant to 5 U.S.C. 5304(h)(2)(C); to the Committee
on Government Reform and Oversight.
1888. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-172,
``Uniform Health Insurance Claim Forms Act of 1995,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
1889. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-173,
``Insurance Omnibus Amendment Act of 1995,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
1890. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-174,
``Department of Corrections Employee Mandatory Drug and
Alcohol Testing Temporary Act of 1995,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
1891. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-175,
``Acquisition of Space Needs For District Government Officers
and Employees Temporary Amendment Act of 1995,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
1892. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-176,
``Establishment of the John A. Wilson Building Foundation
Temporary Act of 1995,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
1893. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-177, ``Solid
Waste Facility Permit Act of 1995,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
1894. A letter from the Commissioner, Delaware River Basin
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1895. A letter from the Director, Federal Mediation and
Conciliation Service, transmitting the 1995 annual report in
compliance with the Inspector General Act Amendments of 1988,
pursuant to Public Law 100-504, section 104(a) (102 Stat.
2525); to the Committee on Government Reform and Oversight.
1896. A letter from the Chairman, Federal Trade Commission,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
1897. A letter from the Administrator, General Services
Administration, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1898. A letter from the Inspector General, General Services
Administration; transmitting the semiannual report on the
activities of the Department's inspector general for the
period April 1, 1995, through September 30, 1995, pursuant to
5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee
on Government Reform and Oversight.
1899. A letter from the President, National Endowment for
Democracy, transmitting the semiannual report on activities
of the inspector general for the period April 1, 1995,
through September 30, 1995, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
1900. A letter from the Director, Office of Federal Housing
Enterprise Oversight, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1901. A letter from the Secretary of Defense, transmitting
the semiannual report on activities of the inspector general
for the period April 1, 1995, through September 30, 1995,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to
the Committee on Government Reform and Oversight.
1902. A letter from the Secretary of Transportation,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
1903. A letter from the Executive Director, State Justice
Institute, transmitting the semiannual report on activities
of the inspector general for the period April 1, 1995,
through September 30, 1995, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
1904. A letter from the Commissioner, Susquehanna River
Basin Commission, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1905. A letter from the Thrift Depositor Protection
Oversight Board, transmitting the semiannual report on
activities of the inspector general for the period April 1,
1995, through September 30, 1995, pursuant to 5 U.S.C. app.
(Insp. Gen. Act) section 5(b); to the Committee on Government
Reform and Oversight.
1906. A letter from the Comptroller General of the United
States, transmitting certification that the trustees of the
TAP Fund have established a reserve as required by section
8102(a)(2)(A) of the act, pursuant to Public Law 101-380,
section 8102(a)(2)(B) (104 Stat. 565); jointly, to the
Committees on Government Reform and Oversight, Transportation
and Infrastructure, and Resources.
para.1.4 committee to notify the president
Mr. ARMEY submitted the following privileged resolution (H. Res. 325):
Resolved, That a committee of two Members be appointed by
the Speaker on the part of the House of Representatives to
join with a committee on the part of the Senate to notify the
President of the United States that a quorum of each House
has assembled and Congress is ready to receive any
communication that he may be pleased to make.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.1.5 appointment of committee to notify the president
The SPEAKER pro tempore, Mr. WALKER, pursuant to the foregoing
resolution, announced the appointment of Messrs. Armey and Gephardt as
members of the committee on the part of the House to join a like
committee on the part of the Senate to notify the President of the
United States that a quorum of each House has been assembled and that
Congress is ready to receive any communication that he may be pleased to
make.
para.1.6 clerk to notify senate of a quorum
Mr. ARMEY submitted the following privileged resolution (H. Res. 326):
Resolved, That the Clerk of the House inform the Senate
that a quorum of the House is present and that the House is
ready to proceed with business.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.1.7 hour of meeting
Mr. ARMEY submitted the following privileged resolution (H. Res. 327):
Resolved, That until otherwise ordered, the hour of meeting
of the House shall be 2 p.m. on Mondays; 11 a.m. on Tuesdays
and Wednesdays; and 10 a.m. on all other days of the week up
to and including May 11, 1996; and that from May 13, 1996,
until the end of the second session, the hour of daily
meeting of the House shall be noon on Mondays; 10 a.m. on
Tuesdays, Wednesdays, and Thursdays, and 9 a.m. on all other
days of the week.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.1.8 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration today, under clause
7, rule XXIV, the Calendar Wednesday rule, be dispensed with.
para.1.9 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. WALKER, laid before the House a
communication, which was read as follows:
Washington, DC,
January 3, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
clause 5 of rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, January 2,
1996 at 12:05 p.m. and said to contain a message from the
President whereby he submits an unclassified report on the
Loan Guarantees to Israel Program.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.1.10 loan guarantees to israel
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Enclosed is an unclassified report on the Loan Guarantees to Israel
Program and on economic conditions in Israel, as required by section
226(k) of the Foreign Assistance Act of 1961, as amended (Public Law 87-
195), and section 1205 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-983).
William J. Clinton.
[[Page 3]]
The White House, December 30, 1995.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations.
para.1.11 privileges of the house
Mr. GEPHARDT, pursuant to clause 2(a)(1) of rule IX, called up the
following resolution (H. Res. 328) as a question of the privileges of
the House:
Whereas clause 1 of rule IX of the Rules of the House of
Representatives states that ``Questions of privilege shall
be, first, those affecting the rights of the House
collectively, its safety, dignity, and the integrity of its
proceedings'';
Whereas over 280,000 Federal employees have been barred
from performing the jobs for which they will eventually be
paid;
Whereas more than 480,000 Federal employees are required to
report for work without being paid their full salaries at
regular intervals;
Whereas the public is not receiving the benefits of their
tax dollars; and
Whereas the inability of the House of Representatives to
act on legislation keeping the Government in operation
impairs the dignity and the integrity of the House and the
esteem the public holds for the House; Now, therefore, be it
Resolved, that upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill H.R. 1643, with a Senate amendment thereto,
and concurred in the Senate amendment, and that a motion to
reconsider that action shall be considered as laid on the
table.
Mr. ARMEY was recognized and said:
``Mr. Speaker, I would like to speak on the question of privilege.
``Mr. Speaker, I do not believe this is a question of privilege, and I
take umbrage at the minority leader's use of the time allotted to him to
speak on the question of privilege of the House to give what can only be
characterized as a political speech.
``Mr. Speaker, it includes the kind of accuracy that one encounters in
political speeches, and I feel compelled to make the point. We do have a
partial shutdown of the Federal Government.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman from Texas will confine his remarks to the question
before the House, which is whether or not the resolution constitutes a
question of privilege.''.
Mr. ARMEY, further addressed the question of privilege, and said:
``Mr. Speaker, in my opinion, the gentleman from Missouri does not
have a resolution that constitutes a question of privilege of the House,
and I urge the Chair to so rule.
``Let me just say in so doing that I share the consternation of the
gentleman from Missouri over the President shutting down the
Government.''.
Mr. OBEY was recognized and said:
``Mr. Speaker, let me simply say, it is my understanding that rule IX
of the House allows for privileged resolutions to be considered by the
House when actions have been taken which affect the rights of the House
collectively, its safety, its dignity, and its integrity. It seems to me
that that is certainly the situation at this moment, because we have a
fundamental misuse of taxpayers' money appropriated by this House.
``It seems to me, Mr. Speaker, that it is a fundamental misuse of
taxpayers' dollars, which are appropriated by this House, when we have a
situation in which workers are being paid----''
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman has now wandered beyond discussing a question of
privilege. The Chair will remind the gentleman that he has the same
obligation as all Members to discuss the matter before the House, which
is whether or not the resolution, as presented by the minority leader,
constitutes a question of privilege under rule IX.''.
Mr. OBEY, further addressed the question of privilege, and said:
``Mr. Speaker, that is what I am trying to do. What I was simply
attempting to say is that I think that certainly the dignity of the
House and the integrity of the House are brought into question when a
situation is allowed to continue which, in effect, has taxpayers' money
provided for work that Government employees have not done and when you
have workers required to perform work for which they are not paid--that
is certainly not meeting the standard of dignity and decency and honor
which we have a right to expect in this House.
``I think, on those grounds alone, rule IX would dictate that we ought
to be able to proceed with this resolution.''.
Mr. LINDER was recognized and said:
``Mr. Speaker, we are engaged in a great debate over the direction of
the country. It is messy. It has always been thus. No one, however, is
questioning the integrity of the people on either side of this House on
this debate. We do not question those on the left and they should not
question us on the right. We are intending to reshape the Government,
and that requires a great debate.
``I think the speeches and the positions of individuals on both sides
are dignified. There is no less dignity or more dignity by just stating
opinions as to the question of the safety of the Members of the House. I
see no one here unsafe. I think the Chair should rule against this
question of privilege.''.
Mr. STENHOLM was recognized and said:
``Mr. Speaker, I would address my comments to the words `dignity' and
`integrity' of the proceedings of the House of Representatives, as
stated in rule IX of the Rules of the U.S. House of Representatives, as
well as the second statement that says, `those affecting the rights and
the reputation and conduct of Members individually in their
representative capacity only.'
``When we had this resolution before you last week, Mr. Speaker, you
ruled against this as a question of privilege, but I am asking you to
take another look at the rules of the House and the questions of
privilege that shall be, first, those affecting the rights of the House
collectively, its safety, its dignity, and the integrity of its
proceedings.
``I would suggest, Mr. Speaker, that the integrity of the proceedings
of the 104th Congress, 1st session just adjourned, and the beginning of
the 2d session, the integrity of the proceedings of the House of
Representatives is being called into question by the procedure in which
we are being asked to follow without allowing a vote of the will of the
majority as to whether or not the issue in question shall be put to the
body of the House of Representatives.
1245
``It seems to me that we have been guilty, in the conduct of our
proceedings, of mixing apples and oranges, of mixing an appropriation
process with a budget process, of which a further reading of the Rules
of the House of Representatives will clearly show that they are two
separate issues and should not be commingled. But it is my argument in
behalf of the minority leader's motion of privilege that a careful
examination of the Rules of the House, the integrity of our proceedings
will be called into question unless you find it to rule in favor of
those who wish to have a simple, up and down vote as to whether or not
the work of the Congress, the work of our Government shall proceed as we
follow the regular order.
``No Member of this body is more in favor of balancing the budget. I
would rather do it in the regular order, and it seems to me that having
the continued impasse is not in the best interests of the integrity of
this body. Certainly as an individual Member, I am receiving the calls
from people whose service is being denied because of these actions.
``Mr. Speaker, I would ask that you find in favor of this motion of
privilege. Basically it is to do one thing, to preserve the dignity and
integrity of the House of Representatives in one simple aspect,
allowing a vote. Let us now express ourselves as to the merits of the
issue before us. That is all that we are asking for''.
Mr. MORAN was recognized and said:
``Mr. Speaker, I would like to address the issue of this motion
relating to the integrity of this House.
``To do so, I would like to quote initially today's Congressional
Record, specifically the majority leader of the Senate, Senator Dole.
Senator Dole, I quote, says,
Let me just say I read a wire story, there's a split
between the House and the Senate on what ought to happen. I
do not get that feeling at all in talking with the Speaker.
In fact, we just had a 30-minute meeting.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman is not discussing the matter before the House which is
the question of privilege. The gentleman
[[Page 4]]
will confine his remarks to the matter before the House.''.
Mr. MORAN, further addressed the question of privilege, and said:
``I will attempt to that, Mr. Speaker.
``I was reading the introduction of comments that I think are quite
relevant.
``The majority leader of the Senate, in offering this motion and
speaking to it prior to its passage in the Senate, which it has now,
this is the very same motion offered by the minority leader.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair will remind the gentleman of the proceedings of the House.
He is not to quote matters that have taken place in the other body
unless they relate specifically to the matter before the House, which is
the question of privilege. So the gentleman will have to confine his
remarks to those matters that relate to the question of privilege before
the House.''.
Mr. MORAN, further addressed the question of privilege, and said:
``I will accept the Speaker's interpretation of what I was saying.
Rather than quote the majority leader of the Senate, I will simply say
that his comments, I felt, were relevant, and this is the very same
legislation that is being offered here.
``Let me make the second point that I wanted to make with regard to
the integrity of this House.
``When this House voted to go on vacation and leave the Government
shut down, I think that went directly to the integrity of this House.
Now we have an opportunity, with legislation immediately before us, to
pass that legislation to get the Government up and running. The other
body has seen fit to do that.
``I think it goes directly to the integrity of this House.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The chair is attempting to proceed along the regular order, but it
is difficult if Members engage in discussion that goes beyond the
question of privilege before the House. The gentleman will confine his
remarks to the question of whether or not the resolution before the
House constitutes a question of privilege.''.
Mr. MORAN, further addressed the question of privilege, and said:
``Mr. Speaker, I cannot imagine anything that goes more directly to
the integrity of this House and the issues for which we are responsible
than to act in a constructive way when we understand that the American
public is shout out of its Government and Federal employees are shut
out of their jobs.
``We took action to go on vacation when that was the case. We have an
opportunity to rectify it. I think it is consistent with the integrity
of this House to rectify it now.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair will inform the Member that he has an obligation to
discuss those matters that are before the House.''.
Mr. THORNTON was recognized and said:
``Mr. Speaker, I wish to be heard on the question of privileges of
the House, of this motion.
``Mr. Speaker, this motion calls upon the House to exercise its duty
under the Constitution of the United States, which provides in relevant
part that the Congress shall make appropriation for the functioning of
Government. It says specifically no money shall be withdrawn from the
Treasury except upon appropriation of the Congress.
``Nowhere in the Constitution is the President authorized to make an
appropriation--I am not trying to assess blame for where we are. We are
talking about how to get out--the question is, how do we resolve the
impasse? The impasse must be resolved by the Congress performing its
duty under the Constitution of the United States.
Mr. LINDER. If performance of our duties under the Constitution is
not a question of privilege, I would like to ask whether the Contract
With America overrides the Constitution?
``Mr. Speaker, this is very important, because having placed the
responsibility for appropriations for the operation of government upon
the Congress and upon no other element of government, a failure to act
becomes an abuse of power, and a failure to act by refusing to allow a
vote upon a measure which has passed the other body is an abuse of
power. This is clearly a question of privilege under the Constitution
of the United States.''.
Mr. VOLKMER was recognized and said:
``Mr. Speaker, yes, I would like to speak in favor of the resolution
by the minority leader, and I would like to point out that the
gentleman from Arkansas came very close to the words that I am about to
speak but did not quite get there.
``That is, under our Constitution, as he correctly points out, only
this House can originate appropriations bills. It is only through those
appropriation bills that this Government and all its agencies and
employees operate. Without those appropriation bills, there is no
Government that can function at all.
``If that comes about, I say that does affect the dignity and
integrity of this House, the integrity of this House by nonaction
altogether.
``Now, if by nonacting, and if this Congress, this body, this year
would fail to even originate one appropriation bill, the President
cannot spend a penny, the other body cannot spend a penny. Only this
House can originate those bills.
``And the failure to originate the bills is not a violation of rule
IX and the dignity of this House and the integrity of this House, Mr.
Speaker, I wish you to think very carefully about this, that surely
would affect the dignity and integrity of this House by failure to
follow the Constitution of the United States.
``No. 2, if that is a violation of rule IX, then the failure to do a
part thereof would also be a failure, and therefore would affect the
dignity and integrity of this body and a violation of the rules.
``Therefore, there is no question in my mind that if this House fails
to act on all appropriation bills or fails to act on one or two, it
still affects the dignity. You say, well, we have a procedure we can
follow through a discharge. If you do not have a majority, Mr. Speaker,
you cannot discharge anything.
``Therefore, through the actions of the majority, the Government
could be shut down altogether, all avenues of Government. There has to
be a methodology for the rest of the House to be able to follow to keep
the Government functioning.''.
Mr. CARDIN was recognized and said:
``Mr. Speaker, speaking on the point of privilege, I think it is
important to point out that rule IX refers to questions of privilege
that affect the dignity and integrity of the House.
``We are a Government of the people. We have been back in our
districts. Does anyone here think that the procedures that we have been
using, that the people of our district do not believe that the dignity
and integrity of this House is in question?
``I urge the Speaker to rule in favor of this matter being a matter
of privilege so that we can uphold the great dignity of this House.''.
Mr. WYNN was recognized and said:
``Mr. Speaker, I rise in support of the resolution and specifically
address the issue of the integrity of the House.
``Mr. Speaker, I believe this resolution is appropriate because by
our inaction, we have compelled the services of certain Federal
employees, specifically those being the essential Federal employees
performing such services as prison guards, security, and the like,
compelled their services without compensation. It is unclear to me what
definition of integrity the Chair is utilizing, but I would say that
under most generally accepted definitions of integrity, compelling
services from employees without compensation when it is within our
power to provide them with compensation is in fact a question of the
integrity of the House.
``On that basis, I believe that this resolution, which addresses the
integrity of the House by requiring us to take action to provide
compensation to those employees and others, but specifically to those
who are in fact working but are not being paid, does in fact raise a
legitimate question of the integrity of the House, and ask the Chair to
rule favorably on the resolution.''.
Mr. DINGELL was recognized and said:
``The resolution says questions of privilege shall be first those
affecting
[[Page 5]]
the rights of the House collectively, its safety, dignity, and the
integrity of its proceedings.
``That quotes from the rules.
``Mr. Speaker, as you stand there, I would call to your attention
that one of the most important functions of this institution is to
manage, to expend, under the power of the purse. We have the duty of
collect taxes, we have the duty to expend moneys by authorization and
by appropriations. None of that has until this time been properly
carried out.
``Certainly the questions of the integrity of this body and the
integrity of the proceedings, the dignity of this body, are severely
impaired by our failure to provide for the proper running of the
Government of the United States. That is a failure of this institution.
That is a failure because we have not been able to address the
questions of the budget in a proper fashion.
``I would call to the attention of the Chair our failure to carry out
our duty, our failure to carry out our responsibilities of
appropriating funds, of authorizing expenditures, or of implementing
the budget as required by the Budget Act, clearly affect the
privileges, the prerogatives, the dignity, and the integrity of this
institution. Certainly the respect in which the public holds this body
has fallen to something approaching one of the lowest points that I
have ever seen in my career.
``Clearly, without taking the action here of bringing this matter to
a vote and, clearly, without having taken the steps necessary to permit
this body to commence addressing the single largest problem that
confronts this country today, and that is the orderly running of its
Government, the funding of its public affairs, and retaining the
respect of its people, we are not carrying out our duties.
``It is very plain to me, Mr. Speaker, that the question of the
privileges of the House is entwined with this so intimately that the
questions of the privileges of the House and the functioning of this
body cannot be separated one from another.
``I urge a proper ruling on this matter.''.
Mrs. KENNELLY was recognized and said:
``Mr. Speaker, I wish to address the point of personal privilege of
the leader on our side. What is happening here is this is the body of
the people. Everyone on this side of the aisle and I would imagine many
on the other side of the aisle have been told by the people they went
home and spoke to, it is time now to get on with the business of the
Government. I join the gentleman's request.''.
Mr. ORTON was recognized and said:
``Mr. Speaker, I wish to be heard on the question of privilege.
``Rule IX is designed to allow us to bring to the floor motions which
in fact do affect the integrity of the body, of Members of the body. At
this very moment, there are Members of this body holding a press
conference regarding whether we as Members of Congress should continue
to receive our pay.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman will confine his remarks to the matter before the
House which is, does the resolution before the House and the wording of
that resolution constitute a question of privilege.''.
Mr. ORTON, further addressed the question of privilege, and said:
``Respectfully, Mr. Speaker, I believe that I am addressing that,
because I have just in the last few minutes had my integrity questioned
as an individual Member of this body by members of the press with
regard to whether I would continue to accept pay while other workers
are not.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair would remind the gentleman, he has an obligation to
discuss the resolution which is before the House and not a question of
privilege that might exist in another forum. This is not now a forum
for a question of personal privilege.''.
Mr. ORTON, further addressed the question of privilege, and said:
``Mr. Speaker, rule IX has to do with the integrity of the body
collectively and individually. And the integrity of this body is in
fact----''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair would remind the gentleman that he has an obligation not
to discuss all of rule IX but to discuss the matter before the House,
whether or not it constitutes a question of privilege of the House
under rule IX.''.
Mr. ORTON, further addressed the question of privilege, and said:
``Mr. Speaker, that is exactly what I am attempting to do. If my
integrity individually has been questioned with regard to funding of
the Government, then that is a matter of privilege individually and
collectively.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair would remind the gentleman that he might in fact draft a
question of personal privilege that he could bring to the House, but
the matter before the House at the present time is the specific wording
offered by the gentleman from Missouri [Mr. Gephardt].''.
Mr. MILLER of California was recognized and said:
``Mr. Speaker, to address the issue of privilege, I do believe that
under rule IX this does rise to the occasion of privilege, the
resolution offered by the minority leader. It does so because clearly
the collective integrity of this House and the dignity of this House is
being called into question, is being called into question in every
commentary throughout the country about the closedown of the
Government.
``The dignity and the integrity of this House is being called into
question by our individual constituents, by the interviews on every
nightly news program in every one of our districts. That goes to the
collective integrity and to the collective dignity.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman should confine his remarks to those matters that are
before the House and the question of privilege that was offered by the
gentleman from Missouri.''.
Mr. MILLER of California, further addressed the question of
privilege, and said:
``Mr. Speaker, the reason this goes to that privilege is because in
fact when the will of the people is thwarted, the integrity of the
House, the dignity of this House is called into question. The only way
that that can currently be remedied is through this motion that rises
to privilege. That dignity and that integrity is called into question
when the popular will is thwarted, and we see it very often, when
Members know that the votes exist to do something and yet the matter
cannot be brought to the floor.
``That is why a motion of privilege is laid before the Chair because
there is no other way. That goes exactly to the heart of the privilege.
The privilege in this case that the minority leader is asserting is the
privilege to bring a matter to the floor by which now there is no other
way to get that matter to the floor. That is because the power of the
Chair, the power of the Chair and the rules----
``I am giving the Chair a reason to rule for privilege, because the
power of the Chair is the power of recognition, and the Chair is now
willing to recognize any Member for this purpose. Therefore, the
minority leader must bring a matter before the House under the rules of
privilege. We know that there are 198 votes to open up the Government
on this side. So if we can find 20 votes on that side, the people's
will can be carried out.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair is attempting to maintain order and would remind the
majority side that it is the duty of the Chair to maintain order and
would ask the cooperation of the Members in so doing. He would also ask
the cooperation of the minority in discussing this matter to constrain
their remarks to those matters that are before the House.
``The gentleman from California has wandered away from that
particular admonition, and the Chair would ask him to please constrain
his remarks that address the question of privilege.''.
Mr. MILLER of California, further addressed the question of
privilege, and said:
``Mr. Speaker, I would simply say, in closing, that the reason the
integrity is called into question and the dignity of the House is
called into question and
[[Page 6]]
the reason this motion should be granted privilege is that the popular
will of the people and the belief of the people is that this body is
not carrying out that will, and yet they believe the votes exist. The
only way we can find that out is for the Chair to rule this is a matter
of privilege and let the votes commence and we can open up the
Government this afternoon.''.
The SPEAKER pro tempore, Mr. WALKER, ruled that the resolution
submitted did not present a question of the privileges of the House
under rule IX, and said:
``The Chair is constrained, first, to determine whether the
resolution qualifies under rule IX.
``Questions of the privileges of the House must meet the standards of
rule IX even when they invoke provisions of the Constitution. Those
standards address privileges of the House, as a House, not those of the
Congress, as a legislative branch. The question whether a Member may
broach the privileges of the House simply by invoking one of the
legislative powers enumerated in section 8 of article I of the
Constitution--or the general legislative ``power of the purse'' in the
seventh original clause of section 9 of that article--has consistently
been answered in the negative. The ordinary rights and functions of the
House under the Constitution are exercised in accordance with the rules
of the House, without necessarily being accorded precedence as
questions of the privileges of the House.
``The Chair will follow the ruling of Speaker Gillett on May 6, 1921,
as recorded in volume 6 of Cannon's precedents, section 48:
It seems to the Chair that where the Constitution ordered
the House to do a thing, the Constitution still gives the
House the right to make its own rules and do it at such time
and in such manner as it may choose. And it is a strained
construction, it seems to the Chair, to say that because the
Constitution gives a mandate that a thing shall be done, it
therefore follows that any Member can insist that it shall be
brought up at some particular time and in the particular way
which he chooses. If there is a constitutional mandate, the
House ought by its rules to provide for the proper
enforcement of that mandate, but it is still a question for
the House how and when and under what procedure it shall be
done. . . .
``Applying that precedent of May 6, 1921, which is recorded in
Cannon's Precedents at volume 6, section 48, and the similar precedents
of February 7 and December 22, 1995, the Chair holds that the
resolution offered by the gentleman from Missouri does not affect `the
rights of the House collectively, its safety, dignity, [or] the
integrity of its proceedings' within the meaning of clause 1 of rule
IX. Although it may address an aspect of legislative power under the
Constitution, it does not involve a constitutional privilege of the
House. Rather, the resolution constitutes an attempt to impose a
special order of business on the House by providing that the Senate
amendment to H.R. 1643 be deemed adopted.
``The resolution does not constitute a question of privilege.''.
Mr. MORAN appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. ARMEY moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the
Chair?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
Mr. ARMEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
Yeas
206
It was decided in the
Nays
167
<3-line {>
affirmative
Answered present
1
para.1.12 [Roll No. 2]
YEAS--206
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Ganske
Gekas
Gilchrest
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCrery
McDade
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Skeen
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (FL)
Zeliff
Zimmer
NAYS--167
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
Davis
de la Garza
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Miller (CA)
Minge
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Traficant
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
ANSWERED ``PRESENT''--1
Wolf
NOT VOTING--59
Abercrombie
Berman
Brown (FL)
Brown (OH)
Bryant (TX)
Buyer
Callahan
Chabot
Chapman
Clay
Collins (IL)
Cubin
DeFazio
Dixon
Dornan
Durbin
Fazio
Fields (TX)
Foglietta
Gallegly
Gibbons
Gillmor
Gilman
Hayes
Hoke
Hutchinson
Johnson (CT)
Johnston
LaTourette
Lightfoot
Maloney
McCollum
McIntosh
Meek
Mfume
Mink
Norwood
Owens
Pastor
Pelosi
Portman
Pryce
Quillen
Roukema
Sanders
Sawyer
Shuster
Smith (MI)
Souder
Stark
Stockman
Studds
Tanner
Torricelli
Towns
Visclosky
Wilson
Wyden
Young (AK)
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
[[Page 7]]
para.1.13 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
para.1.14 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. WALKER, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, December 28, 1995.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
clause 5 of rule III of the Rules of the House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Thursday, December
28, 1995 at 5:30 p.m. and said to contain a message from the
President whereby he returns without his approval H.R. 1530,
``National Defense Authorization Act for Fiscal Year 1996.''
With warm regards,
Robin H. Carle,
Clerk.
para.1.15 message from the president--veto of h.r. 1530
The SPEAKER pro tempore, Mr. WALKER, laid before the House a message
from the President, which was read as follows:
To the House of Representatives:
I am returning herewith without my approval H.R. 1530, the ``National
Defense Authorization Act for Fiscal Year 1996.''
H.R. 1530 would unacceptably restrict my ability to carry out this
country's national security objectives and substantially interfere with
the implementation of key national defense programs. It would also
restrict the President's authority in the conduct of foreign affairs and
as Commander in Chief, raising serious constitutional concerns.
First, the bill requires deployment by 2003 of a costly missile
defense system able to defend all 50 States from a long-range missile
threat that our Intelligence Community does not foresee in the coming
decade. By forcing such an unwarranted deployment decision now, the bill
would waste tens of billions of dollars and force us to commit
prematurely to a specific technological option. It would also likely
require a multiple-site architecture that cannot be accommodated within
the term of the existing ABM Treaty. By setting U.S. policy on a
collision course with the ABM Treaty, the bill would jeopardize
continued Russian implementation of the START I Treaty as well as
Russian ratification of START II--two treaties that will significantly
lower the threat to U.S. national security, reducing the number of U.S.
and Russian strategic nuclear warheads by two-thirds from Cold War
levels. The missile defense provisions would also jeopardize our current
efforts to agree on an ABM/TMD (Theater Missile Defense) demarcation
with the Russian Federation.
Second, the bill imposes restrictions on the President's ability to
conduct contingency operations essential to national security. Its
restrictions on funding of contingency operations and the requirement to
submit a supplemental appropriations request within a time certain in
order to continue a contingency operation are unwarranted restrictions
on a President's national security and foreign policy prerogatives.
Moreover, by requiring a Presidential certification to assign U.S. Armed
Forces under United Nations operational or tactical control, the bill
infringes on the President's constitutional authority as Commander in
Chief.
Third, H.R. 1530 contains other objectionable provisions that would
adversely affect the ability of the Defense Department to carry out
national defense programs or impede the Department's ability to manage
its day-to-day operations. For example, the bill includes
counterproductive certification requirements for the use of Nunn-Lugar
Cooperative Threat Reduction (CTR) funds and restricts use of funds for
individual CTR programs.
Other objectionable provisions eliminate funding for the Defense
Enterprise Fund; restrict the retirement of U.S. strategic delivery
systems; slow the pace of the Defense Department's environmental cleanup
efforts; and restrict Defense's ability to execute disaster relief,
demining, and military-to-military contact programs. The bill also
directs the procurement of specific submarines at specific shipyards
although that is not necessary for our military mission to maintain the
Nation's industrial base.
H.R. 1530 also contains two provisions that would unfairly affect
certain service members. One requires medically unwarranted discharge
procedures for HIV-positive service members. In addition, I remain very
concerned about provisions that would restrict service women and female
dependents of military personnel from obtaining privately funded
abortions in military facilities overseas, except in cases of rape,
incest, or danger to the life of the mother. In many countries, these
U.S. facilities provide the only accessible, safe source for these
medical services. Accordingly, I urge the Congress to repeal a similar
provision that became law in the ``Department of Defense Appropriations
Act, 1996.''
In returning H.R. 1530 to the Congress, I recognize that it contains a
number of important authorities for the Department of Defense, including
authority for Defense's military construction program and the
improvement of housing facilities for our military personnel and their
families. It also contains provisions that would contribute to the
effective and efficient management of the Department, including
important changes in Federal acquisition law.
Finally, H.R. 1530 includes the authorization for an annual military
pay raise of 2.4 percent, which I strongly support. The Congress should
enact this authorization as soon as possible, in separate legislation
that I will be sending up immediately. In the meantime, I will today
sign an Executive order raising military pay for the full 2.0 percent
currently authorized by the Congress and will sign an additional order
raising pay by a further 0.4 percent as soon as the Congress authorizes
that increase.
I urge the Congress to address the Administration's objections and
pass an acceptable National Defense Authorization Act promptly. The
Department of Defense must have the full range of authorities that it
needs to perform its critical worldwide missions.
William J. Clinton.
The White House, December 28, 1995.
The SPEAKER pro tempore, Mr. WALKER, ordered that the veto message,
together with the accompanying bill, be printed (H. Doc. 104-155) and
spread upon the pages of the Journal of the House.
The question being on passage of the bill, the objections of the
President to the contrary notwithstanding.
After debate,
By unanimous consent, the previous question was ordered on the bill.
The question being put,
Will the House, upon reconsideration, agree to pass the bill, the
objections of the President to the contrary notwithstanding?
It was decided in the
Yeas
240
<3-line {>
negative
Nays
156
para.1.16 [Roll No. 3]
YEAS--240
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
[[Page 8]]
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
Longley
Lucas
Manzullo
McCrery
McDade
McHugh
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--156
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Blute
Bonior
Borski
Boucher
Brown (CA)
Camp
Cardin
Chabot
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Ford
Frank (MA)
Franks (NJ)
Furse
Ganske
Gejdenson
Gephardt
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Gutknecht
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McInnis
McKinney
Meehan
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Payne (NJ)
Peterson (FL)
Peterson (MN)
Pomeroy
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Serrano
Shays
Skaggs
Slaughter
Spratt
Stokes
Stupak
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--38
Abercrombie
Berman
Brown (FL)
Brown (OH)
Bryant (TX)
Callahan
Chapman
Clay
DeFazio
Dixon
Durbin
Fazio
Fields (TX)
Foglietta
Gallegly
Gibbons
Hoke
Hutchinson
LaTourette
Lightfoot
McCollum
Meek
Mfume
Norwood
Pastor
Pelosi
Quillen
Roukema
Sawyer
Shuster
Souder
Stark
Stockman
Studds
Tanner
Visclosky
Wilson
Wyden
The SPEAKER pro tempore, Mr. WALKER, announced that 240 Members had
voted in the affirmative and 156 Members had voted in the negative.
So, two-thirds of the Members present not having voted in favor
thereof, the bill was not passed.
Ordered, That the Clerk notify the Senate thereof.
The veto message and accompanying bill were referred to the Committee
on National Security.
para.1.17 message from the president--mfn status for romania
The SPEAKER pro tempore, Mr. WALKER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
On May 19, 1995, I determined and reported to the Congress that
Romania is in full compliance with the freedom of emigration criteria of
sections 402 and 409 of the Trade Act of 1974. This action allowed for
the continuation of most-favored-nation (MFN) status for Romania and
certain other activities without the requirement of an annual waiver.
As required by law, I am submitting an updated report to the Congress
concerning emigration laws and policies of Romania. You will find that
the report indicates continued Romanian compliance with U.S. and
international standards in the area of emigration policy.
William J. Clinton.
The White House, January 3, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 104-156).
para.1.18 message from the president--national emergency with respect
to libya
The SPEAKER pro tempore, Mr. WALKER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1662(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the Libyan emergency is to continue in
effect beyond January 7, 1996, to the Federal Register for publication.
The crisis between the United States and Libya that led to the
declaration of a national emergency on January 7, 1986, has not been
resolved. The Government of Libya has continued its actions and policies
in support of terrorism, despite the calls by the United Nations
Security Council, in Resolutions 731 (1992), 748 (1992), and 883 (1993)
that it demonstrate by concrete actions its renunciation of such
terrorism. Such Libyan actions and policies pose a continuing unusual
and extraordinary threat to the national security and vital foreign
policy interests of the United States. For these reasons, the national
emergency declared on January 7, 1986, and the measures adopted on
January 7 and January 8, 1986, to deal with that emergency, must
continue in effect beyond January 7, 1996. I have determined that it is
necessary to maintain in force the broad authorities necessary to apply
economic pressure to the Government of Libya to reduce its ability to
support international terrorism.
William J. Clinton.
The White House, January 3, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-157).
para.1.19 commerce, justice, state, judiciary appropriations
Mr. ROGERS moved to discharge the Committee on Appropriations from
further consideration of the veto message on the bill (H.R. 2076) making
appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30,
1996, and for other purposes.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
So the motion was agreed to.
Accordingly,
para.1.20 unfinished business--veto of h.r. 2076
The SPEAKER pro tempore, Mr. WALKER, announced the unfinished business
to be the consideration of the veto of the bill (H.R. 2076) making
appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30,
1996, and for other purposes.
The question being on the passage of the bill, the objections of the
President to the contrary notwithstanding.
After debate,
By unanimous consent, the previous question was ordered on the bill.
The question being put,
Will the House, upon reconsideration, agree to pass the bill, the
objections of the President to the contrary notwithstanding?
[[Page 9]]
It was decided in the
Yeas
240
<3-line {>
negative
Nays
159
para.1.21 [Roll No. 4]
YEAS--240
Allard
Archer
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pombo
Porter
Pryce
Radanovich
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--159
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Bonior
Borski
Brown (CA)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Danner
de la Garza
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Green
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Miller (CA)
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Portman
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rose
Roybal-Allard
Sabo
Sanders
Sanford
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stokes
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--34
Abercrombie
Armey
Brown (FL)
Brown (OH)
Bryant (TX)
Callahan
Chapman
Clay
DeFazio
Dixon
Fazio
Fields (TX)
Gallegly
Gephardt
Gibbons
Hoke
Hutchinson
LaTourette
Lightfoot
Meek
Mfume
Norwood
Pelosi
Quillen
Rush
Sawyer
Shuster
Souder
Stark
Stockman
Studds
Visclosky
Wilson
Wyden
The SPEAKER pro tempore, Mr. WALKER, announced that 240 Members had
voted in the affirmative and 159 Members had voted in the negative.
So, two-thirds of the Members present having not voted in favor
thereof, the bill was not passed.
Ordered, That the Clerk notify the Senate thereof.
The veto message and accompanying bill were referred to the Committee
on Appropriations.
para.1.22 farm credit system regulatory relief
On motion of Mr. EMERSON, by unanimous consent, the bill (H.R. 2029)
to amend the Farm Credit Act of 1971 to provide regulatory relief;
together with the following amendments of the Senate thereto, was taken
from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Farm
Credit System Reform Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL MORTGAGE SECONDARY MARKET
Sec. 101. Definition of real estate.
Sec. 102. Definition of certified facility.
Sec. 103. Duties of Federal Agricultural Mortgage Corporation.
Sec. 104. Powers of the Corporation.
Sec. 105. Federal reserve banks as depositaries and fiscal agents.
Sec. 106. Certification of agricultural mortgage marketing facilities.
Sec. 107. Guarantee of qualified loans.
Sec. 108. Mandatory reserves and subordinated participation interests
eliminated.
Sec. 109. Standards requiring diversified pools.
Sec. 110. Small farms.
Sec. 111. Definition of an affiliate.
Sec. 112. State usury laws superseded.
Sec. 113. Extension of capital transition period.
Sec. 114. Minimum capital level.
Sec. 115. Critical capital level.
Sec. 116. Enforcement levels.
Sec. 117. Recapitalization of the Corporation.
Sec. 118. Liquidation of the Federal Agricultural Mortgage Corporation.
TITLE II--REGULATORY RELIEF
Sec. 201. Compensation of association personnel.
Sec. 202. Use of private mortgage insurance.
Sec. 203. Removal of certain borrower reporting requirement.
Sec. 204. Reform of regulatory limitations on dividend, member
business, and voting practices of eligible farmer-owned
cooperatives.
Sec. 205. Removal of Federal Government certification requirement for
certain private sector financings.
Sec. 206. Borrower stock.
Sec. 207. Disclosure relating to adjustable rate loans.
Sec. 208. Borrowers' rights.
Sec. 209. Formation of administrative service entities.
Sec. 210. Joint management agreements.
Sec. 211. Dissemination of quarterly reports.
Sec. 212. Regulatory review.
Sec. 213. Examination of farm credit system institutions.
Sec. 214. Conservatorships and receiverships.
Sec. 215. Farm Credit Insurance Fund operations.
Sec. 216. Examinations by the Farm Credit System Insurance Corporation.
Sec. 217. Powers with respect to troubled insured system banks.
Sec. 218. Oversight and regulatory actions by the Farm Credit System
Insurance Corporation.
Sec. 219. Farm Credit System Insurance Corporation Board of Directors.
Sec. 220. Interest rate reduction program.
Sec. 221. Liability for making criminal referrals.
TITLE III--NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. National Natural Resources Conservation Foundation.
Sec. 304. Composition and operation.
Sec. 305. Officers and employees.
Sec. 306. Corporate powers and obligations of the Foundation.
Sec. 307. Administrative services and support.
Sec. 308. Audits and petition of Attorney General for equitable relief.
Sec. 309. Release from liability.
Sec. 310. Authorization of appropriations.
TITLE IV--IMPLEMENTATION AND EFFECTIVE DATE
Sec. 401. Implementation.
Sec. 302. Effective Date.
TITLE I--AGRICULTURAL MORTGAGE SECONDARY MARKET
SEC. 101. DEFINITION OF REAL ESTATE.
Section 8.0(1)(B)(ii) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa(1)(B)(ii)) is amended
[[Page 10]]
by striking ``with a purchase price'' and inserting ``,
excluding the land to which the dwelling is affixed, with a
value''.
SEC. 102. DEFINITION OF CERTIFIED FACILITY.
Section 8.0(3) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa(3)) is amended--
(1) in subparagraph (A), by striking ``a secondary
marketing agricultural loan'' and inserting ``an agricultural
mortgage marketing''; and
(2) in subparagraph (B), by striking ``, but only'' and all
that follows through ``(9)(B)''.
SEC. 103. DUTIES OF FEDERAL AGRICULTURAL MORTGAGE
CORPORATION.
Section 8.1(b) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-1(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) purchase qualified loans and issue securities
representing interests in, or obligations backed by, the
qualified loans, guaranteed for the timely repayment of
principal and interest.''.
SEC. 104. POWERS OF THE CORPORATION.
Section 8.3(c) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-3(c)) is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) To purchase, hold, sell, or assign a qualified loan,
to issue a guaranteed security, representing an interest in,
or an obligation backed by, the qualified loan, and to
perform all the functions and responsibilities of an
agricultural mortgage marketing facility operating as a
certified facility under this title.''.
SEC. 105. FEDERAL RESERVE BANKS AS DEPOSITARIES AND FISCAL
AGENTS.
Section 8.3 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-3) is amended--
(1) in subsection (d), by striking ``may act as
depositories for, or'' and inserting ``shall act as
depositories for, and''; and
(2) in subsection (e), by striking ``Secretary of the
Treasury may authorize the Corporation to use'' and inserting
``Corporation shall have access to''.
SEC. 106. CERTIFICATION OF AGRICULTURAL MORTGAGE MARKETING
FACILITIES.
Section 8.5 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-5) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(other than the
Corporation)'' after ``agricultural mortgage marketing
facilities''; and
(B) in paragraph (2), by inserting ``(other than the
Corporation)'' after ``agricultural mortgage marketing
facility''; and
(2) in subsection (e)(1), by striking ``(other than the
Corporation)''.
SEC. 107. GUARANTEE OF QUALIFIED LOANS.
Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-6) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Corporation shall guarantee'' and
inserting the following: ``Corporation--
``(A) shall guarantee'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) may issue a security, guaranteed as to the timely
payment of principal and interest, that represents an
interest solely in, or an obligation fully backed by, a pool
consisting of qualified loans that--
``(i) meet the standards established under section 8.8; and
``(ii) have been purchased and held by the Corporation.'';
(2) in subsection (d)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively; and
(3) in subsection (g)(2), by striking ``section
8.0(9)(B))'' and inserting ``section 8.0(9))''.
SEC. 108. MANDATORY RESERVES AND SUBORDINATED PARTICIPATION
INTERESTS ELIMINATED.
(a) Guarantee of Qualified Loans.--Section 8.6 of the Farm
Credit Act of 1971 (12 U.S.C. 2279aa-6) is amended by
striking subsection (b).
(b) Reserves and Subordinated Participation Interests.--
Section 8.7 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-
7) is repealed.
(c) Conforming Amendments.--
(1) Section 8.0(9)(B)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa(9)(B)(i)) is amended by striking ``8.7, 8.8,''
and inserting ``8.8''.
(2) Section 8.6(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-6(a)(2)) is amended by striking ``subject to
the provisions of subsection (b)''.
SEC. 109. STANDARDS REQUIRING DIVERSIFIED POOLS.
(a) In General.--Section 8.6 of the Farm Credit Act of 1971
(12 U.S.C. 2279aa-6) (as amended by section 108) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (g) as
subsections (b) through (e), respectively.
(b) Conforming Amendments.--
(1) Section 8.0(9)(B)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa(9)(B)(i)) is amended by striking ``(f)'' and
inserting ``(d)''.
(2) Section 8.13(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-13(a)) is amended by striking ``sections 8.6(b)
and'' in each place it appears and inserting ``section''.
(3) Section 8.32(b)(1)(C) of the Farm Credit Act of 1971
(12 U.S.C. 2279bb-1(b)(1)(C)) is amended by striking ``under
section 8.6(b)(2)''.
(4) Section 8.6(b) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-6(b)) (as redesignated by subsection (a)(2)) is
amended--
(A) by striking paragraph (4) (as redesignated by section
107(2)(B)); and
(B) by redesignating paragraphs (5) and (6) (as
redesignated by section 107(2)(B)) as paragraphs (4) and (5),
respectively.
SEC. 110. SMALL FARMS.
Section 8.8(e) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-8(e)) is amended by adding at the end the following:
``The Board shall promote and encourage the inclusion of
qualified loans for small farms and family farmers in the
agricultural mortgage secondary market.''.
SEC. 111. DEFINITION OF AN AFFILIATE.
Section 8.11(e) of the Farm Credit Act of 1971 (21 U.S.C.
2279aa-11(e)) is amended--
(1) by striking ``a certified facility or''; and
(2) by striking ``paragraphs (3) and (7), respectively, of
section 8.0'' and inserting ``section 8.0(7)''.
SEC. 112. STATE USURY LAWS SUPERSEDED.
Section 8.12 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-12) is amended by striking subsection (d) and
inserting the following:
``(d) State Usury Laws Superseded.--A provision of the
Constitution or law of any State shall not apply to an
agricultural loan made by an originator or a certified
facility in accordance with this title for sale to the
Corporation or to a certified facility for inclusion in a
pool for which the Corporation has provided, or has committed
to provide, a guarantee, if the loan, not later than 180 days
after the date the loan was made, is sold to the Corporation
or included in a pool for which the Corporation has provided
a guarantee, if the provision--
``(1) limits the rate or amount of interest, discount
points, finance charges, or other charges that may be
charged, taken, received, or reserved by an agricultural
lender or a certified facility; or
``(2) limits or prohibits a prepayment penalty (either
fixed or declining), yield maintenance, or make-whole payment
that may be charged, taken, or received by an agricultural
lender or a certified facility in connection with the full or
partial payment of the principal amount due on a loan by a
borrower in advance of the scheduled date for the payment
under the terms of the loan, otherwise known as a prepayment
of the loan principal.''.
SEC. 113. EXTENSION OF CAPITAL TRANSITION PERIOD.
Section 8.32 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-1) is amended--
(1) in the first sentence of subsection (a), by striking
``Not later than the expiration of the 2-year period
beginning on December 13, 1991,'' and inserting ``Not sooner
than the expiration of the 3-year period beginning on the
date of enactment of the Farm Credit System Reform Act of
1996,'';
(2) in the first sentence of subsection (b)(2), by striking
``5-year'' and inserting ``8-year''; and
(3) in subsection (d)--
(A) in the first sentence--
(i) by striking ``The regulations establishing'' and
inserting the following:
``(1) In general.--The regulations establishing''; and
(ii) by striking ``shall contain'' and inserting the
following: ``shall--
``(A) be issued by the Director for public comment in the
form of a notice of proposed rulemaking, to be first
published after the expiration of the period referred to in
subsection (a); and
``(B) contain''; and
(B) in the second sentence, by striking ``The regulations
shall'' and inserting the following:
``(2) Specificity.--The regulations referred to in
paragraph (1) shall''.
SEC. 114. MINIMUM CAPITAL LEVEL.
Section 8.33 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-2) is amended to read as follows:
``SEC. 8.33. MINIMUM CAPITAL LEVEL.
``(a) In General.--Except as provided in subsection (b),
for purposes of this subtitle, the minimum capital level for
the Corporation shall be an amount of core capital equal to
the sum of--
``(1) 2.75 percent of the aggregate on-balance sheet assets
of the Corporation, as determined in accordance with
generally accepted accounting principles; and
``(2) 0.75 percent of the aggregate off-balance sheet
obligations of the Corporation, which, for the purposes of
this subtitle, shall include--
``(A) the unpaid principal balance of outstanding
securities that are guaranteed by the Corporation and backed
by pools of qualified loans;
``(B) instruments that are issued or guaranteed by the
Corporation and are substantially equivalent to instruments
described in subparagraph (A); and
``(C) other off-balance sheet obligations of the
Corporation.
``(b) Transition Period.--
``(1) In general.--For purposes of this subtitle, the
minimum capital level for the Corporation--
``(A) prior to January 1, 1997, shall be the amount of core
capital equal to the sum of--
``(i) 0.45 percent of aggregate off-balance sheet
obligations of the Corporation;
``(ii) 0.45 percent of designated on-balance sheet assets
of the Corporation, as determined under paragraph (2); and
[[Page 11]]
``(iii) 2.50 percent of on-balance sheet assets of the
Corporation other than assets designated under paragraph (2);
``(B) during the 1-year period ending December 31, 1997,
shall be the amount of core capital equal to the sum of--
``(i) 0.55 percent of aggregate off-balance sheet
obligations of the Corporation;
``(ii) 1.20 percent of designated on-balance sheet assets
of the Corporation, as determined under paragraph (2); and
``(iii) 2.55 percent of on-balance sheet assets of the
Corporation other than assets designated under paragraph (2);
``(C) during the 1-year period ending December 31, 1998,
shall be the amount of core capital equal to--
``(i) if the Corporation's core capital is not less than
$25,000,000 on January 1, 1998, the sum of--
``(I) 0.65 percent of aggregate off-balance sheet
obligations of the Corporation;
``(II) 1.95 percent of designated on-balance sheet assets
of the Corporation, as determined under paragraph (2); and
``(III) 2.65 percent of on-balance sheet assets of the
Corporation other than assets designated under paragraph (2);
or
``(ii) if the Corporation's core capital is less than
$25,000,000 on January 1, 1998, the amount determined under
subsection (a); and
``(D) on and after January 1, 1999, shall be the amount
determined under subsection (a).
``(2) Designated on-balance sheet assets.--For purposes of
this subsection, the designated on-balance sheet assets of
the Corporation shall be--
``(A) the aggregate on-balance sheet assets of the
Corporation acquired under section 8.6(e); and
``(B) the aggregate amount of qualified loans purchased and
held by the Corporation under section 8.3(c)(13).''.
SEC. 115. CRITICAL CAPITAL LEVEL.
Section 8.34 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-3) is amended to read as follows:
``SEC. 8.34. CRITICAL CAPITAL LEVEL.
``For purposes of this subtitle, the critical capital level
for the Corporation shall be an amount of core capital equal
to 50 percent of the total minimum capital amount determined
under section 8.33.''.
SEC. 116. ENFORCEMENT LEVELS.
Section 8.35(e) of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-4(e)) is amended by striking ``during the 30-month
period beginning on the date of enactment of this section,''
and inserting ``during the period beginning on December 13,
1991, and ending on the effective date of the risk based
capital regulation issued by the Director under section
8.32,''.
SEC. 117. RECAPITALIZATION OF THE CORPORATION.
Title VIII of the Farm Credit Act of 1971 (12 U.S.C. 2279aa
et seq.) is amended by adding at the end the following:
``SEC. 8.38. RECAPITALIZATION OF THE CORPORATION.
``(a) Mandatory Recapitalization.--The Corporation shall
increase the core capital of the Corporation to an amount
equal to or greater than $25,000,000, not later than the
earlier of--
``(1) the date that is 2 years after the date of enactment
of this section; or
``(2) the date that is 180 days after the end of the first
calendar quarter that the aggregate on-balance sheet assets
of the Corporation, plus the outstanding principal of the
off-balance sheet obligations of the Corporation, equal or
exceed $2,000,000,000.
``(b) Raising Core Capital.--In carrying out this section,
the Corporation may issue stock under section 8.4 and
otherwise employ any recognized and legitimate means of
raising core capital in the power of the Corporation under
section 8.3.
``(c) Limitation on Growth of Total Assets.--During the 2-
year period beginning on the date of enactment of this
section, the aggregate on-balance sheet assets of the
Corporation plus the outstanding principal of the off-balance
sheet obligations of the Corporation may not exceed
$3,000,000,000 if the core capital of the Corporation is less
than $25,000,000.
``(d) Enforcement.--If the Corporation fails to carry out
subsection (a) by the date required under paragraph (1) or
(2) of subsection (a), the Corporation may not purchase a new
qualified loan or issue or guarantee a new loan-backed
security until the core capital of the Corporation is
increased to an amount equal to or greater than
$25,000,000.''.
SEC. 118. LIQUIDATION OF THE FEDERAL AGRICULTURAL MORTGAGE
CORPORATION.
Title VIII of the Farm Credit Act of 1971 (12 U.S.C. 2279aa
et seq.) (as amended by section 117) is amended by adding at
the end the following:
``Subtitle C--Receivership, Conservatorship, and Liquidation of the
Federal Agricultural Mortgage Corporation
``SEC. 8.41. CONSERVATORSHIP; LIQUIDATION; RECEIVERSHIP.
``(a) Voluntary Liquidation.--The Corporation may
voluntarily liquidate only with the consent of, and in
accordance with a plan of liquidation approved by, the Farm
Credit Administration Board.
``(b) Involuntary Liquidation.--
``(1) In general.--The Farm Credit Administration Board may
appoint a conservator or receiver for the Corporation under
the circumstances specified in section 4.12(b).
``(2) Application.--In applying section 4.12(b) to the
Corporation under paragraph (1)--
``(A) the Corporation shall also be considered insolvent if
the Corporation is unable to pay its debts as they fall due
in the ordinary course of business;
``(B) a conservator may also be appointed for the
Corporation if the authority of the Corporation to purchase
qualified loans or issue or guarantee loan-backed securities
is suspended; and
``(C) a receiver may also be appointed for the Corporation
if--
``(i)(I) the authority of the Corporation to purchase
qualified loans or issue or guarantee loan-backed securities
is suspended; or
``(II) the Corporation is classified under section 8.35 as
within level III or IV and the alternative actions available
under subtitle B are not satisfactory; and
``(ii) the Farm Credit Administration determines that the
appointment of a conservator would not be appropriate.
``(3) No effect on supervisory actions.--The grounds for
appointment of a conservator for the Corporation under this
subsection shall be in addition to those in section 8.37.
``(c) Appointment of Conservator or Receiver.--
``(1) Qualifications.--Notwithstanding section 4.12(b), if
a conservator or receiver is appointed for the Corporation,
the conservator or receiver shall be--
``(A) the Farm Credit Administration or any other
governmental entity or employee, including the Farm Credit
System Insurance Corporation; or
``(B) any person that--
``(i) has no claim against, or financial interest in, the
Corporation or other basis for a conflict of interest as the
conservator or receiver; and
``(ii) has the financial and management expertise necessary
to direct the operations and affairs of the Corporation and,
if necessary, to liquidate the Corporation.
``(2) Compensation.--
``(A) In general.--A conservator or receiver for the
Corporation and professional personnel (other than a Federal
employee) employed to represent or assist the conservator or
receiver may be compensated for activities conducted as, or
for, a conservator or receiver.
``(B) Limit on compensation.--Compensation may not be
provided in amounts greater than the compensation paid to
employees of the Federal Government for similar services,
except that the Farm Credit Administration may provide for
compensation at higher rates that are not in excess of rates
prevailing in the private sector if the Farm Credit
Administration determines that compensation at higher rates
is necessary in order to recruit and retain competent
personnel.
``(C) Contractual arrangements.--The conservator or
receiver may contract with any governmental entity, including
the Farm Credit System Insurance Corporation, to make
personnel, services, and facilities of the entity available
to the conservator or receiver on such terms and compensation
arrangements as shall be mutually agreed, and each entity may
provide the same to the conservator or receiver.
``(3) Expenses.--A valid claim for expenses of the
conservatorship or receivership (including compensation under
paragraph (2)) and a valid claim with respect to a loan made
under subsection (f) shall--
``(A) be paid by the conservator or receiver from funds of
the Corporation before any other valid claim against the
Corporation; and
``(B) may be secured by a lien, on such property of the
Corporation as the conservator or receiver may determine,
that shall have priority over any other lien.
``(4) Liability.--If the conservator or receiver for the
Corporation is not a Federal entity, or an officer or
employee of the Federal Government, the conservator or
receiver shall not be personally liable for damages in tort
or otherwise for an act or omission performed pursuant to and
in the course of the conservatorship or receivership, unless
the act or omission constitutes gross negligence or any form
of intentional tortious conduct or criminal conduct.
``(5) Indemnification.--The Farm Credit Administration may
allow indemnification of the conservator or receiver from the
assets of the conservatorship or receivership on such terms
as the Farm Credit Administration considers appropriate.
``(d) Judicial Review of Appointment.--
``(1) In general.--Notwithstanding subsection (i)(1), not
later than 30 days after a conservator or receiver is
appointed under subsection (b), the Corporation may bring an
action in the United States District Court for the District
of Columbia for an order requiring the Farm Credit
Administration Board to remove the conservator or receiver.
The court shall, on the merits, dismiss the action or direct
the Farm Credit Administration Board to remove the
conservator or receiver.
``(2) Stay of other actions.--On the commencement of an
action under paragraph (1), any court having jurisdiction of
any other action or enforcement proceeding authorized under
this subtitle to which the Corporation is a party shall stay
the action or proceeding during the pendency of the action
for removal of the conservator or receiver.
``(e) General Powers of Conservator or Receiver.--The
conservator or receiver for the Corporation shall have powers
comparable to the powers available to a conservator or
receiver appointed pursuant to section 4.12(b).
``(f) Borrowings for Working Capital.--
[[Page 12]]
``(1) In general.--If the conservator or receiver of the
Corporation determines that it is likely that there will be
insufficient funds to pay the ongoing administrative expenses
of the conservatorship or receivership or that there will be
insufficient liquidity to fund maturing obligations of the
conservatorship or receivership, the conservator or receiver
may borrow funds in such amounts, from such sources, and at
such rates of interest as the conservator or receiver
considers necessary or appropriate to meet the administrative
expenses or liquidity needs of the conservatorship or
receivership.
``(2) Working capital from farm credit banks.--A Farm
Credit bank may loan funds to the conservator or receiver for
a loan authorized under paragraph (1) or, in the event of
receivership, a Farm Credit bank may purchase assets of the
Corporation.
``(g) Agreements Against Interests of Conservator or
Receiver.--No agreement that tends to diminish or defeat the
right, title, or interest of the conservator or receiver for
the Corporation in any asset acquired by the conservator or
receiver as conservator or receiver for the Corporation shall
be valid against the conservator or receiver unless the
agreement--
``(1) is in writing;
``(2) is executed by the Corporation and any person
claiming an adverse interest under the agreement, including
the obligor, contemporaneously with the acquisition of the
asset by the Corporation;
``(3) is approved by the Board or an appropriate committee
of the Board, which approval shall be reflected in the
minutes of the Board or committee; and
``(4) has been, continuously, from the time of the
agreement's execution, an official record of the Corporation.
``(h) Report to the Congress.--On a determination by the
receiver for the Corporation that there are insufficient
assets of the receivership to pay all valid claims against
the receivership, the receiver shall submit to the Secretary
of the Treasury, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the financial
condition of the receivership.
``(i) Termination of Authorities.--
``(1) Corporation.--The charter of the Corporation shall be
canceled, and the authority provided to the Corporation by
this title shall terminate, on such date as the Farm Credit
Administration Board determines is appropriate following the
placement of the Corporation in receivership, but not later
than the conclusion of the receivership and discharge of the
receiver.
``(2) Oversight.--The Office of Secondary Market Oversight
established under section 8.11 shall be abolished, and
section 8.11(a) and subtitle B shall have no force or effect,
on such date as the Farm Credit Administration Board
determines is appropriate following the placement of the
Corporation in receivership, but not later than the
conclusion of the receivership and discharge of the
receiver.''.
TITLE II--REGULATORY RELIEF
SEC. 201. COMPENSATION OF ASSOCIATION PERSONNEL.
Section 1.5(13) of the Farm Credit Act of 1971 (12 U.S.C.
2013(13)) is amended by striking ``, and the appointment and
compensation of the chief executive officer thereof,''.
SEC. 202. USE OF PRIVATE MORTGAGE INSURANCE.
(a) In General.--Section 1.10(a)(1) of the Farm Credit Act
of 1971 (12 U.S.C. 2018(a)(1)) is amended by adding at the
end the following:
``(D) Private mortgage insurance.--A loan on which private
mortgage insurance is obtained may exceed 85 percent of the
appraised value of the real estate security to the extent
that the loan amount in excess of 85 percent is covered by
the insurance.''.
(b) Conforming Amendment.--Section 1.10(a)(1)(A) of the
Farm Credit Act of 1971 (12 U.S.C. 2018(a)(1)(A)) is amended
by striking ``paragraphs (2) and (3)'' and inserting
``subparagraphs (B), (C), and (D)''.
SEC. 203. REMOVAL OF CERTAIN BORROWER REPORTING REQUIREMENT.
Section 1.10(a) of the Farm Credit Act of 1971 (12 U.S.C.
2018(a)) is amended by striking paragraph (5).
SEC. 204. REFORM OF REGULATORY LIMITATIONS ON DIVIDEND,
MEMBER BUSINESS, AND VOTING PRACTICES OF
ELIGIBLE FARMER-OWNED COOPERATIVES.
(a) In General.--Section 3.8(a) of the Farm Credit Act of
1971 (12 U.S.C. 2129(a)) is amended by adding at the end the
following: ``Any such association that has received a loan
from a bank for cooperatives shall, without regard to the
requirements of paragraphs (1) through (4), continue to be
eligible for so long as more than 50 percent (or such higher
percentage as is established by the bank board) of the voting
control of the association is held by farmers, producers or
harvesters of aquatic products, or eligible cooperative
associations.''.
(b) Conforming Amendment.--Section 3.8(b)(1)(D) of the Farm
Credit Act of 1971 (12 U.S.C. 2129(b)(1)(D)) is amended by
striking ``and (4) of subsection (a)'' and inserting ``and
(4), or under the last sentence, of subsection (a)''.
SEC. 205. REMOVAL OF FEDERAL GOVERNMENT CERTIFICATION
REQUIREMENT FOR CERTAIN PRIVATE SECTOR
FINANCINGS.
Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended--
(1) by striking ``have been certified by the Administrator
of the Rural Electrification Administration to be eligible
for such'' and inserting ``are eligible under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) for''; and
(2) by striking ``loan guarantee, and'' and inserting
``loan guarantee from the Administration or the Bank (or a
successor of the Administration or the Bank), and''.
SEC. 206. BORROWER STOCK.
Section 4.3A of the Farm Credit Act of 1971 (12 U.S.C.
2154a) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Loans Designated for Sale or Sold Into the Secondary
Market.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this section, the
bylaws adopted by a bank or association under subsection (b)
may provide--
``(A) in the case of a loan made on or after the date of
enactment of this paragraph that is designated, at the time
the loan is made, for sale into a secondary market, that no
voting stock or participation certificate purchase
requirement shall apply to the borrower for the loan; and
``(B) in the case of a loan made before the date of
enactment of this paragraph that is sold into a secondary
market, that all outstanding voting stock or participation
certificates held by the borrower with respect to the loan
shall, subject to subsection (d)(1), be retired.
``(2) Applicability.--Notwithstanding any other provision
of this section, in the case of a loan sold to a secondary
market under title VIII, paragraph (1) shall apply regardless
of whether the bank or association retains a subordinated
participation interest in a loan or pool of loans or
contributes to a cash reserve.
``(3) Exception.--
``(A) In general.--Subject to subparagraph (B) and
notwithstanding any other provision of this section, if a
loan designated for sale under paragraph (1)(A) is not sold
into a secondary market during the 180-day period that begins
on the date of the designation, the voting stock or
participation certificate purchase requirement that would
otherwise apply to the loan in the absence of a bylaw
provision described in paragraph (1)(A) shall be effective.
``(B) Retirement.--The bylaws adopted by a bank or
association under subsection (b) may provide that if a loan
described in subparagraph (A) is sold into a secondary market
after the end of the 180-day period described in the
subparagraph, all outstanding voting stock or participation
certificates held by the borrower with respect to the loan
shall, subject to subsection (d)(1), be retired.''.
SEC. 207. DISCLOSURE RELATING TO ADJUSTABLE RATE LOANS.
Section 4.13(a)(4) of the Farm Credit Act of 1971 (12
U.S.C. 2199(a)(4)) is amended by inserting before the
semicolon at the end the following: ``, and notice to the
borrower of a change in the interest rate applicable to the
loan of the borrower may be made within a reasonable time
after the effective date of an increase or decrease in the
interest rate''.
SEC. 208. BORROWERS' RIGHTS.
(a) Definition of Loan.--Section 4.14A(a)(5) of the Farm
Credit Act of 1971 (12 U.S.C. 2202a(a)(5)) is amended--
(1) by striking ``(5) Loan.--The'' and inserting the
following:
``(5) Loan.--
``(A) In general.--Subject to subparagraph (B), the''; and
(2) by adding at the end the following:
``(B) Exclusion for loans designated for sale into
secondary market.--
``(i) In general.--Except as provided in clause (ii), the
term `loan' does not include a loan made on or after the date
of enactment of this subparagraph that is designated, at the
time the loan is made, for sale into a secondary market.
``(ii) Unsold loans.--
``(I) In general.--Except as provided in subclause (II), if
a loan designated for sale under clause (i) is not sold into
a secondary market during the 180-day period that begins on
the date of the designation, the provisions of this section
and sections 4.14, 4.14B, 4.14C, 4.14D, and 4.36 that would
otherwise apply to the loan in the absence of the exclusion
described in clause (i) shall become effective with respect
to the loan.
``(II) Later sale.--If a loan described in subclause (I) is
sold into a secondary market after the end of the 180-day
period described in subclause (I), subclause (I) shall not
apply with respect to the loan beginning on the date of the
sale.''.
(b) Borrowers' Rights for Pooled Loans.--The first sentence
of section 8.9(b) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-9(b)) is amended by inserting ``(as defined in section
4.14A(a)(5))'' after ``application for a loan''.
SEC. 209. FORMATION OF ADMINISTRATIVE SERVICE ENTITIES.
Part E of title IV of the Farm Credit Act of 1971 is
amended by inserting after section 4.28 (12 U.S.C. 2214) the
following:
``SEC. 4.28A. DEFINITION OF BANK.
``In this part, the term `bank' includes each association
operating under title II.''.
SEC. 210. JOINT MANAGEMENT AGREEMENTS.
The first sentence of section 5.17(a)(2)(A) of the Farm
Credit Act of 1971 (12 U.S.C. 2252(a)(2)(A)) is amended by
striking ``or management agreements''.
[[Page 13]]
SEC. 211. DISSEMINATION OF QUARTERLY REPORTS.
Section 5.17(a)(8) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(8)) is amended by inserting after ``except
that'' the following: ``the requirements of the Farm Credit
Administration governing the dissemination to stockholders of
quarterly reports of System institutions may not be more
burdensome or costly than the requirements applicable to
national banks, and''.
SEC. 212. REGULATORY REVIEW.
(a) Findings.--Congress finds that--
(1) the Farm Credit Administration, in the role of the
Administration as an arms-length safety and soundness
regulator, has made considerable progress in reducing the
regulatory burden on Farm Credit System institutions;
(2) the efforts of the Farm Credit Administration described
in paragraph (1) have resulted in cost savings for Farm
Credit System institutions; and
(3) the cost savings described in paragraph (2) ultimately
benefit the farmers, ranchers, agricultural cooperatives, and
rural residents of the United States.
(b) Continuation of Regulatory Review.--The Farm Credit
Administration shall continue the comprehensive review of
regulations governing the Farm Credit System to identify and
eliminate, consistent with law, safety, and soundness, all
regulations that are unnecessary, unduly burdensome or
costly, or not based on law.
SEC. 213. EXAMINATION OF FARM CREDIT SYSTEM INSTITUTIONS.
The first sentence of section 5.19(a) of the Farm Credit
Act of 1971 (12 U.S.C. 2254(a)) is amended by striking ``each
year'' and inserting ``during each 18-month period''.
SEC. 214. CONSERVATORSHIPS AND RECEIVERSHIPS.
(a) Definitions.--Section 5.51 of the Farm Credit Act of
1971 (12 U.S.C. 2277a) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraph (6) as paragraph (5).
(b) General Corporate Powers.--Section 5.58 of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-7) is amended by striking
paragraph (9) and inserting the following:
``(9) Conservator or receiver.--The Corporation may act as
a conservator or receiver.''.
SEC. 215. FARM CREDIT INSURANCE FUND OPERATIONS.
(a) Adjustment of Premiums.--
(1) In general.--Section 5.55(a) of the Farm Credit Act of
1971 (12 U.S.C. 2277a-4(a)) is amended--
(A) in paragraph (1), by striking ``Until the aggregate of
amounts in the Farm Credit Insurance Fund exceeds the secure
base amount, the annual premium due from any insured System
bank for any calendar year'' and inserting the following:
``If at the end of any calendar year the aggregate of amounts
in the Farm Credit Insurance Fund does not exceed the secure
base amount, subject to paragraph (2), the annual premium due
from any insured System bank for the calendar year'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Reduced premiums.--The Corporation, in the sole
discretion of the Corporation, may reduce by a percentage
uniformly applied to all insured System banks the annual
premium due from each insured System bank during any calendar
year, as determined under paragraph (1).''.
(2) Conforming amendments.--
(A) Section 5.55(b) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-4(b)) is amended--
(i) by striking ``Insurance Fund'' each place it appears
and inserting ``Farm Credit Insurance Fund'';
(ii) by striking ``for the following calendar year''; and
(iii) by striking ``subsection (a)'' and inserting
``subsection (a)(1)''.
(B) Section 5.56(a) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-5(a)) is amended by striking ``section
5.55(a)(2)'' each place it appears in paragraphs (2) and (3)
and inserting ``section 5.55(a)(3)''.
(b) Allocation to Insured System Banks and Other System
Institutions of Excess Amounts in the Farm Credit Insurance
Fund.--Section 5.55 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-4) is amended by adding at the end the following:
``(e) Allocation to System Institutions of Excess
Reserves.--
``(1) Establishment of allocated insurance reserves
accounts.--The Corporation shall establish an Allocated
Insurance Reserves Account in the Farm Credit Insurance
Fund--
``(A) for each insured System bank; and
``(B) subject to paragraph (6)(C), for all holders, in the
aggregate, of Financial Assistance Corporation stock.
``(2) Treatment.--Amounts in any Allocated Insurance
Reserves Account shall be considered to be part of the Farm
Credit Insurance Fund.
``(3) Annual allocations.--If, at the end of any calendar
year, the aggregate of the amounts in the Farm Credit
Insurance Fund exceeds the average secure base amount for the
calendar year (as calculated on an average daily balance
basis), the Corporation shall allocate to the Allocated
Insurance Reserves Accounts the excess amount less the amount
that the Corporation, in its sole discretion, determines to
be the sum of the estimated operating expenses and estimated
insurance obligations of the Corporation for the immediately
succeeding calendar year.
``(4) Allocation formula.--From the total amount required
to be allocated at the end of a calendar year under paragraph
(3)--
``(A) 10 percent of the total amount shall be credited to
the Allocated Insurance Reserves Account established under
paragraph (1)(B), subject to paragraph (6)(C); and
``(B) there shall be credited to the Allocated Insurance
Reserves Account of each insured System bank an amount that
bears the same ratio to the total amount (less any amount
credited under subparagraph (A)) as the average principal
outstanding for the 3-year period ending on the end of the
calendar year on loans made by the bank that are in accrual
status bears to the average principal outstanding for the 3-
year period ending on the end of the calendar year on loans
made by all insured System banks that are in accrual status
(excluding, in each case, the guaranteed portions of
government-guaranteed loans described in subsection
(a)(1)(C)).
``(5) Use of funds in allocated insurance reserves
accounts.--To the extent that the sum of the operating
expenses of the Corporation and the insurance obligations of
the Corporation for a calendar year exceeds the sum of
operating expenses and insurance obligations determined under
paragraph (3) for the calendar year, the Corporation shall
cover the expenses and obligations by--
``(A) reducing each Allocated Insurance Reserves Account by
the same proportion; and
``(B) expending the amounts obtained under subparagraph (A)
before expending other amounts in the Fund.
``(6) Other disposition of account funds.--
``(A) In general.--As soon as practicable during each
calendar year beginning more than 8 years after the date on
which the aggregate of the amounts in the Farm Credit
Insurance Fund exceeds the secure base amount, but not
earlier than January 1, 2005, the Corporation may--
``(i) subject to subparagraphs (D) and (F), pay to each
insured System bank, in a manner determined by the
Corporation, an amount equal to the lesser of--
``(I) 20 percent of the balance in the insured System
bank's Allocated Insurance Reserves Account as of the
preceding December 31; or
``(II) 20 percent of the balance in the bank's Allocated
Insurance Reserves Account on the date of the payment; and
``(ii) subject to subparagraphs (C), (E), and (F), pay to
each System bank and association holding Financial Assistance
Corporation stock a proportionate share, determined by
dividing the number of shares of Financial Assistance
Corporation stock held by the institution by the total number
of shares of Financial Assistance Corporation stock
outstanding, of the lesser of--
``(I) 20 percent of the balance in the Allocated Insurance
Reserves Account established under paragraph (1)(B) as of the
preceding December 31; or
``(II) 20 percent of the balance in the Allocated Insurance
Reserves Account established under paragraph (1)(B) on the
date of the payment.
``(B) Authority to eliminate or reduce payments.--The
Corporation may eliminate or reduce payments during a
calendar year under subparagraph (A) if the Corporation
determines, in its sole discretion, that the payments, or
other circumstances that might require use of the Farm Credit
Insurance Fund, could cause the amount in the Farm Credit
Insurance Fund during the calendar year to be less than the
secure base amount.
``(C) Reimbursement for financial assistance corporation
stock.--
``(i) Sufficient funding.--Notwithstanding paragraph
(4)(A), on provision by the Corporation for the accumulation
in the Account established under paragraph (1)(B) of funds in
an amount equal to $56,000,000 (in addition to the amounts
described in subparagraph (F)(ii)), the Corporation shall not
allocate any further funds to the Account except to replenish
the Account if funds are diminished below $56,000,000 by the
Corporation under paragraph (5).
``(ii) Wind down and termination.--
``(I) Final disbursements.--On disbursement of $53,000,000
(in addition to the amounts described in subparagraph
(F)(ii)) from the Allocated Insurance Reserves Account, the
Corporation shall disburse the remaining amounts in the
Account, as determined under subparagraph (A)(ii), without
regard to the percentage limitations in subclauses (I) and
(II) of subparagraph (A)(ii).
``(II) Termination of account.--On disbursement of
$56,000,000 (in addition to the amounts described in
subparagraph (F)(ii)) from the Allocated Insurance Reserves
Account, the Corporation shall close the Account established
under paragraph (1)(B) and transfer any remaining funds in
the Account to the remaining Allocated Insurance Reserves
Accounts in accordance with paragraph (4)(B) for the calendar
year in which the transfer occurs.
``(D) Distribution of payments received.--Not later than 60
days after receipt of a payment made under subparagraph
(A)(i), each insured System bank, in consultation with
affiliated associations of the insured System bank, and
taking into account the direct or indirect payment of
insurance premiums by the associations, shall develop and
implement an equitable plan to distribute payments received
under subparagraph (A)(i) among the bank and associations of
the bank.
``(E) Exception for previously reimbursed associations.--
For purposes of subparagraph (A)(ii), in any Farm Credit dis
[[Page 14]]
trict in which the funding bank has reimbursed 1 or more
affiliated associations of the bank for the previously
unreimbursed portion of the Financial Assistance Corporation
stock held by the associations, the funding bank shall be
deemed to be the holder of the shares of Financial Assistance
Corporation stock for which the funding bank has provided the
reimbursement.
``(F) Initial payment.--Notwithstanding subparagraph (A),
the initial payment made to each payee under subparagraph (A)
shall be in such amount determined by the Corporation to be
equal to the sum of--
``(i) the total of the amounts that would have been paid if
payments under subparagraph (A) had been authorized to begin,
under the same terms and conditions, in the first calendar
year beginning more than 5 years after the date on which the
aggregate of the amounts in the Farm Credit Insurance Fund
exceeds the secure base amount and to continue through the 2
immediately subsequent years;
``(ii) interest earned on any amounts that would have been
paid as described in clause (i) from the date on which the
payments would have been paid as described in clause (i); and
``(iii) the payment to be made in the initial year
described in subparagraph (A), based on the amount in each
Account after subtracting the amounts to be paid under
clauses (i) and (ii).''.
(c) Technical Amendments.--Section 5.55(d) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-4(d)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``subsections (a) and (c)'' and inserting
``subsections (a), (c), and (e)''; and
(B) by striking ``a Farm Credit Bank'' and inserting ``an
insured System bank''; and
(2) in paragraphs (1), (2), and (3), by striking ``Farm
Credit Bank'' each place it appears and inserting ``insured
System bank''.
SEC. 216. EXAMINATIONS BY THE FARM CREDIT SYSTEM INSURANCE
CORPORATION.
Section 5.59(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-8(b)(1)(A)) is amended by adding at the end the
following: ``Notwithstanding any other provision of this Act,
on cancellation of the charter of a System institution, the
Corporation shall have authority to examine the system
institution in receivership. An examination shall be
performed at such intervals as the Corporation shall
determine.''.
SEC. 217. POWERS WITH RESPECT TO TROUBLED INSURED SYSTEM
BANKS.
(a) Least-Cost Resolution.--Section 5.61(a)(3) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-10(a)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (F);
and
(2) by striking subparagraph (A) and inserting the
following:
``(A) Least-cost resolution.--Assistance may not be
provided to an insured System bank under this subsection
unless the means of providing the assistance is the least
costly means of providing the assistance by the Farm Credit
Insurance Fund of all possible alternatives available to the
Corporation, including liquidation of the bank (including
paying the insured obligations issued on behalf of the bank).
Before making a least-cost determination under this
subparagraph, the Corporation shall accord such other insured
System banks as the Corporation determines to be appropriate
the opportunity to submit information relating to the
determination.
``(B) Determining least costly approach.--In determining
the least costly alternative under subparagraph (A), the
Corporation shall--
``(i) evaluate alternatives on a present-value basis, using
a realistic discount rate;
``(ii) document the evaluation and the assumptions on which
the evaluation is based, including any assumptions with
regard to interest rates, asset recovery rates, asset holding
costs, and payment of contingent liabilities; and
``(iii) retain the documentation for not less than 5 years.
``(C) Time of determination.--
``(i) General rule.--For purposes of this subsection, the
determination of the costs of providing any assistance under
any provision of this section with respect to any insured
System bank shall be made as of the date on which the
Corporation makes the determination to provide the assistance
to the institution under this section.
``(ii) Rule for liquidations.--For purposes of this
subsection, the determination of the costs of liquidation of
any insured System bank shall be made as of the earliest of--
``(I) the date on which a conservator is appointed for the
insured System bank;
``(II) the date on which a receiver is appointed for the
insured System bank; or
``(III) the date on which the Corporation makes any
determination to provide any assistance under this section
with respect to the insured System bank.
``(D) Rule for stand-alone assistance.--Before providing
any assistance under paragraph (1), the Corporation shall
evaluate the adequacy of managerial resources of the insured
System bank. The continued service of any director or senior
ranking officer who serves in a policymaking role for the
assisted insured System bank, as determined by the
Corporation, shall be subject to approval by the Corporation
as a condition of assistance.
``(E) Discretionary determinations.--Any determination that
the Corporation makes under this paragraph shall be in the
sole discretion of the Corporation.''.
(b) Conforming Amendments.--Section 5.61(a) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-10(a)) is amended--
(1) in paragraph (1) by striking ``In general.--'' and
inserting ``Stand-alone assistance.--''; and
(2) in paragraph (2)--
(A) by striking ``Enumerated powers.--'' and inserting
``Facilitation of mergers or consolidation.--''; and
(B) in subparagraph (A) by striking ``Facilitation of
mergers or consolidation.--'' and inserting ``In general.--
''.
SEC. 218. OVERSIGHT AND REGULATORY ACTIONS BY THE FARM CREDIT
SYSTEM INSURANCE CORPORATION.
The Farm Credit Act of 1971 is amended by inserting after
section 5.61 (12 U.S.C. 2279a-10) the following:
``SEC. 5.61A. OVERSIGHT ACTIONS BY THE CORPORATION.
``(a) Definitions.--In this section, the term `institution'
means--
``(1) an insured System bank; and
``(2) a production credit association or other association
making loans under section 7.6 with a direct loan payable to
the funding bank of the association that comprises 20 percent
or more of the funding bank's total loan volume net of
nonaccrual loans.
``(b) Consultation Regarding Participation of
Undercapitalized Banks in Issuance of Insured Obligations.--
The Farm Credit Administration shall consult with the
Corporation prior to approving an insured obligation that is
to be issued by or on behalf of, or participated in by, any
insured System bank that fails to meet the minimum level for
any capital requirement established by the Farm Credit
Administration for the bank.
``(c) Consultation Regarding Applications for Mergers and
Restructurings.--
``(1) Corporation to receive copy of transaction
applications.--On receiving an application for a merger or
restructuring of an institution, the Farm Credit
Administration shall forward a copy of the application to the
Corporation.
``(2) Consultation required.--If the proposed merger or
restructuring involves an institution that fails to meet the
minimum level for any capital requirement established by the
Farm Credit Administration applicable to the institution, the
Farm Credit Administration shall allow 30 days within which
the Corporation may submit the views and recommendations of
the Corporation, including any conditions for approval. In
determining whether to approve or disapprove any proposed
merger or restructuring, the Farm Credit Administration shall
give due consideration to the views and recommendations of
the Corporation.
``SEC. 5.61B. AUTHORITY TO REGULATE GOLDEN PARACHUTE AND
INDEMNIFICATION PAYMENTS.
``(a) Definitions.--In this section:
``(1) Golden parachute payment.--The term `golden parachute
payment'--
``(A) means a payment (or any agreement to make a payment)
in the nature of compensation by any Farm Credit System
institution (including the Federal Agricultural Mortgage
Corporation and any conservator or receiver for the Federal
Agricultural Mortgage Corporation) for the benefit of any
institution-related party under an obligation of the
institution that--
``(i) is contingent on the termination of the party's
relationship with the institution; and
``(ii) is received on or after the date on which--
``(I) the institution is insolvent;
``(II) a conservator or receiver is appointed for the
institution;
``(III) the institution has been assigned by the Farm
Credit Administration a composite CAMEL rating of 4 or 5
under the Farm Credit Administration Rating System, or an
equivalent rating; or
``(IV) the Corporation otherwise determines that the
institution is in a troubled condition (as defined in
regulations issued by the Corporation); and
``(B) includes a payment that would be a golden parachute
payment but for the fact that the payment was made before the
date referred to in subparagraph (A)(ii) if the payment was
made in contemplation of the occurrence of an event described
in any subclause of subparagraph (A); but
``(C) does not include--
``(i) a payment made under a retirement plan that is
qualified (or is intended to be qualified) under section 401
of the Internal Revenue Code of 1986 or other
nondiscriminatory benefit plan;
``(ii) a payment made under a bona fide supplemental
executive retirement plan, deferred compensation plan, or
other arrangement that the Corporation determines, by
regulation or order, to be permissible; or
``(iii) a payment made by reason of the death or disability
of an institution-related party.
``(2) Indemnification payment.--The term `indemnification
payment' means a payment (or any agreement to make a payment)
by any Farm Credit System institution for the benefit of any
person who is or was an institution-related party, to pay or
reimburse the person for any liability or legal expense with
regard to any administrative proceeding or civil action
instituted by the Farm Credit Administration that results in
a final order under which the person--
``(A) is assessed a civil money penalty; or
``(B) is removed or prohibited from participating in the
conduct of the affairs of the institution.
``(3) Institution-related party.--The term `institution-
related party' means--
[[Page 15]]
``(A) a director, officer, employee, or agent for a Farm
Credit System institution;
``(B) a stockholder (other than another Farm Credit System
institution), consultant, joint venture partner, or any other
person determined by the Farm Credit Administration to be a
participant in the conduct of the affairs of a Farm Credit
System institution; and
``(C) an independent contractor (including any attorney,
appraiser, or accountant) that knowingly or recklessly
participates in any violation of any law or regulation, any
breach of fiduciary duty, or any unsafe or unsound practice
that caused or is likely to cause more than a minimal
financial loss to, or a significant adverse effect on, the
Farm Credit System institution.
``(4) Liability or legal expense.--The term `liability or
legal expense' means--
``(A) a legal or other professional expense incurred in
connection with any claim, proceeding, or action;
``(B) the amount of, and any cost incurred in connection
with, any settlement of any claim, proceeding, or action; and
``(C) the amount of, and any cost incurred in connection
with, any judgment or penalty imposed with respect to any
claim, proceeding, or action.
``(5) Payment.--The term `payment' means--
``(A) a direct or indirect transfer of any funds or any
asset; and
``(B) any segregation of any funds or assets for the
purpose of making, or under an agreement to make, any payment
after the date on which the funds or assets are segregated,
without regard to whether the obligation to make the payment
is contingent on--
``(i) the determination, after that date, of the liability
for the payment of the amount; or
``(ii) the liquidation, after that date, of the amount of
the payment.
``(b) Prohibition.--The Corporation may prohibit or limit,
by regulation or order, any golden parachute payment or
indemnification payment by a Farm Credit System institution
(including the Federal Agricultural Mortgage Corporation) in
troubled condition (as defined in regulations issued by the
Corporation).
``(c) Factors To Be Taken into Account.--The Corporation
shall prescribe, by regulation, the factors to be considered
by the Corporation in taking any action under subsection (b).
The factors may include--
``(1) whether there is a reasonable basis to believe that
an institution-related party has committed any fraudulent act
or omission, breach of trust or fiduciary duty, or insider
abuse with regard to the Farm Credit System institution
involved that has had a material effect on the financial
condition of the institution;
``(2) whether there is a reasonable basis to believe that
the institution-related party is substantially responsible
for the insolvency of the Farm Credit System institution, the
appointment of a conservator or receiver for the institution,
or the institution's troubled condition (as defined in
regulations prescribed by the Corporation);
``(3) whether there is a reasonable basis to believe that
the institution-related party has materially violated any
applicable law or regulation that has had a material effect
on the financial condition of the institution;
``(4) whether there is a reasonable basis to believe that
the institution-related party has violated or conspired to
violate--
``(A) section 215, 657, 1006, 1014, or 1344 of title 18,
United States Code; or
``(B) section 1341 or 1343 of title 18, United States Code,
affecting a Farm Credit System institution;
``(5) whether the institution-related party was in a
position of managerial or fiduciary responsibility; and
``(6) the length of time that the party was related to the
Farm Credit System institution and the degree to which--
``(A) the payment reasonably reflects compensation earned
over the period of employment; and
``(B) the compensation represents a reasonable payment for
services rendered.
``(d) Certain Payments Prohibited.--No Farm Credit System
institution may prepay the salary or any liability or legal
expense of any institution-related party if the payment is
made--
``(1) in contemplation of the insolvency of the institution
or after the commission of an act of insolvency; and
``(2) with a view to, or with the result of--
``(A) preventing the proper application of the assets of
the institution to creditors; or
``(B) preferring 1 creditor over another creditor.
``(e) Rule of Construction.--Nothing in this section--
``(1) prohibits any Farm Credit System institution from
purchasing any commercial insurance policy or fidelity bond,
so long as the insurance policy or bond does not cover any
legal or liability expense of an institution described in
subsection (a)(2); or
``(2) limits the powers, functions, or responsibilities of
the Farm Credit Administration.''.
SEC. 219. FARM CREDIT SYSTEM INSURANCE CORPORATION BOARD OF
DIRECTORS.
Section 201 of the Farm Credit Banks and Associations
Safety and Soundness Act of 1992 (106 Stat. 4104) is
repealed.
SEC. 220. INTEREST RATE REDUCTION PROGRAM.
Section 351(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1999) is amended--
(A) by striking ``Sec. 351. (a) The'' and inserting the
following:
``SEC. 351. INTEREST RATE REDUCTION PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Termination of authority.--The authority provided by
this subsection shall terminate on September 30, 2002.''.
SEC. 221. LIABILITY FOR MAKING CRIMINAL REFERRALS.
(a) In General.--Any institution of the Farm Credit System,
or any director, officer, employee, or agent of a Farm Credit
System institution, that discloses to a Government authority
information proffered in good faith that may be relevant to a
possible violation of any law or regulation shall not be
liable to any person under any law of the United States or
any State--
(1) for the disclosure; or
(2) for any failure to notify the person involved in the
possible violation.
(b) No Prohibition on Disclosure.--Any institution of the
Farm Credit System, or any director, officer, employee, or
agent of a Farm Credit System institution, may disclose
information to a Government authority that may be relevant to
a possible violation of any law or regulation.
TITLE III--NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``National Natural Resources
Conservation Foundation Act''.
SEC. 302. DEFINITIONS.
In this title (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the Board of Trustees
established under section 304.
(2) Department.--The term ``Department'' means the United
States Department of Agriculture.
(3) Foundation.--The term ``Foundation'' means the National
Natural Resources Conservation Foundation established by
section 303(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 303. NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION.
(a) Establishment.--A National Natural Resources
Conservation Foundation is established as a charitable and
nonprofit corporation for charitable, scientific, and
educational purposes specified in subsection (b). The
Foundation is not an agency or instrumentality of the United
States.
(b) Purposes.--The purposes of the Foundation are to--
(1) promote innovative solutions to the problems associated
with the conservation of natural resources on private lands,
particularly with respect to agriculture and soil and water
conservation;
(2) promote voluntary partnerships between government and
private interests in the conservation of natural resources;
(3) conduct research and undertake educational activities,
conduct and support demonstration projects, and make grants
to State and local agencies and nonprofit organizations;
(4) provide such other leadership and support as may be
necessary to address conservation challenges, such as the
prevention of excessive soil erosion, enhancement of soil and
water quality, and the protection of wetlands, wildlife
habitat, and strategically important farmland subject to
urban conversion and fragmentation;
(5) encourage, accept, and administer private gifts of
money and real and personal property for the benefit of, or
in connection with, the conservation and related activities
and services of the Department, particularly the Natural
Resources Conservation Service;
(6) undertake, conduct, and encourage educational,
technical, and other assistance, and other activities, that
support the conservation and related programs administered by
the Department (other than activities carried out on National
Forest System lands), particularly the Natural Resources
Conservation Service, except that the Foundation may not
enforce or administer a regulation of the Department; and
(7) raise private funds to promote the purposes of the
Foundation.
(c) Limitations and Conflicts of Interests.--
(1) Political activities.--The Foundation shall not
participate or intervene in a political campaign on behalf of
any candidate for public office.
(2) Conflicts of interest.--No director, officer, or
employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
question before the Foundation affecting--
(A) the financial interests of the director, officer, or
employee; or
(B) the interests of any corporation, partnership, entity,
organization, or other person in which the director, officer,
or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.
(3) Legislation or government action or policy.--No funds
of the Foundation may be used in any manner for the purpose
of influencing legislation or government action or policy.
(4) Litigation.--No funds of the Foundation may be used to
bring or join an action against the United States.
(d) Tax Exempt Status.--
(1) 1996 taxable year.--In the case of the 1996 taxable
year, the Foundation shall be
[[Page 16]]
treated as organized and operated exclusively for charitable
purposes for purposes of section 501(c)(3) of the Internal
Revenue Code of 1986.
(2) 1997 and subsequent taxable years.--In the case of the
1997 and subsequent taxable years, the Foundation shall be
required to maintain the tax exempt status of the Foundation
in the manner prescribed by the Secretary of the Treasury for
similar tax exempt organizations.
SEC. 304. COMPOSITION AND OPERATION.
(a) Composition.--The Foundation shall be administered by a
Board of Trustees that shall consist of 9 voting members,
each of whom shall be a United States citizen and not a
Federal officer. The Board shall be composed of--
(1) individuals with expertise in agricultural conservation
policy matters;
(2) a representative of private sector organizations with a
demonstrable interest in natural resources conservation;
(3) a representative of statewide conservation
organizations;
(4) a representative of soil and water conservation
districts;
(5) a representative of organizations outside the Federal
Government that are dedicated to natural resources
conservation education; and
(6) a farmer or rancher.
(b) Nongovernmental Employees.--Service as a member of the
Board shall not constitute employment by, or the holding of,
an office of the United States for the purposes of any
Federal law.
(c) Membership.--
(1) Initial members.--The Secretary shall appoint 9 persons
who meet the criteria established under subsection (a) as the
initial members of the Board and designate 1 of the members
as the initial chairperson for a 2-year term.
(2) Terms of office.--
(A) In general.--A member of the Board shall serve for a
term of 3 years, except that the members appointed to the
initial Board shall serve, proportionately, for terms of 1,
2, and 3 years, as determined by the Secretary.
(B) Limitation on terms.--No individual may serve more than
2 consecutive 3-year terms as a member.
(3) Subsequent members.--The initial members of the Board
shall adopt procedures in the constitution of the Foundation
for the nomination and selection of subsequent members of the
Board. The procedures shall require that each member, at a
minimum, meets the criteria established under subsection (a)
and shall provide for the selection of an individual, who is
not a Federal officer or a member of the Board, to be
provided with the power to select subsequent members of the
Board.
(d) Chairperson.--After the appointment of an initial
chairperson under subsection (c)(1), each succeeding
chairperson of the Board shall be elected by the members of
the Board for a 2-year term.
(e) Vacancies.--A vacancy on the Board shall be filled by
the Board not later than 60 days after the occurrence of the
vacancy.
(f) Compensation.--A member of the Board shall receive no
compensation from the Foundation for the service of the
member on the Board.
(g) Travel Expenses.--While away from the home or regular
place of business of a member of the Board in the performance
of services for the Board, the member shall be allowed travel
expenses paid by the Foundation, including per diem in lieu
of subsistence, at the same rate as a person employed
intermittently in the Government service would be allowed
under section 5703 of title 5, United States Code.
SEC. 305. OFFICERS AND EMPLOYEES.
(a) In General.--The Board may--
(1) appoint, hire, and discharge the officers and employees
of the Foundation, other than the appointment of the initial
Executive Director of the Foundation;
(2) adopt a constitution and bylaws for the Foundation that
are consistent with the purposes of the Foundation and this
title; and
(3) undertake any other activities that may be necessary to
carry out this title.
(b) Officers and Employees.--
(1) Appointment and hiring.--An officer or employee of the
Foundation--
(A) shall not, by virtue of the appointment or employment
of the officer or employee, be considered a Federal employee
for any purpose, including the provisions of title 5, United
States Code, governing appointments in the competitive
service, except that such an individual may participate in
the Federal employee retirement system as if the individual
were a Federal employee; and
(B) may not be paid by the Foundation a salary in excess of
$125,000 per year.
(2) Executive director.--
(A) Initial director.--The Secretary shall appoint an
individual to serve as the initial Executive Director of the
Foundation who shall serve, at the direction of the Board, as
the chief operating officer of the Foundation.
(B) Subsequent directors.--The Board shall appoint each
subsequent Executive Director of the Foundation who shall
serve, at the direction of the Board, as the chief operating
officer of the Foundation.
(C) Qualifications.--The Executive Director shall be
knowledgeable and experienced in matters relating to natural
resources conservation.
SEC. 306. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) may conduct business throughout the United States and
the territories and possessions of the United States; and
(2) shall at all times maintain a designated agent who is
authorized to accept service of process for the Foundation,
so that the serving of notice to, or service of process on,
the agent, or mailed to the business address of the agent,
shall be considered as service on or notice to the
Foundation.
(b) Seal.--The Foundation shall have an official seal
selected by the Board that shall be judicially noticed.
(c) Powers.--To carry out the purposes of the Foundation
under section 303(b), the Foundation shall have, in addition
to the powers otherwise provided under this title, the usual
powers of a corporation, including the power--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust,
of real or personal property or any income from, or other
interest in, the gift, devise, or bequest;
(2) to acquire by purchase or exchange any real or personal
property or interest in property;
(3) unless otherwise required by instrument of transfer, to
sell, donate, lease, invest, reinvest, retain, or otherwise
dispose of any property or income from property;
(4) to borrow money from private sources and issue bonds,
debentures, or other debt instruments, subject to section
309, except that the aggregate amount of the borrowing and
debt instruments outstanding at any time may not exceed
$1,000,000;
(5) to sue and be sued, and complain and defend itself, in
any court of competent jurisdiction, except that a member of
the Board shall not be personally liable for an action in the
performance of services for the Board, except for gross
negligence;
(6) to enter into a contract or other agreement with an
agency of State or local government, educational institution,
or other private organization or person and to make such
payments as may be necessary to carry out the functions of
the Foundation; and
(7) to do any and all acts that are necessary to carry out
the purposes of the Foundation.
(d) Interest in Property.--
(1) In general.--The Foundation may acquire, hold, and
dispose of lands, waters, or other interests in real property
by donation, gift, devise, purchase, or exchange.
(2) Interests in real property.--For purposes of this
title, an interest in real property shall be treated, among
other things, as including an easement or other right for the
preservation, conservation, protection, or enhancement of
agricultural, natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
(3) Gifts.--A gift, devise, or bequest may be accepted by
the Foundation even though the gift, devise, or bequest is
encumbered, restricted, or subject to a beneficial interest
of a private person if any current or future interest in the
gift, devise, or bequest is for the benefit of the
Foundation.
SEC. 307. ADMINISTRATIVE SERVICES AND SUPPORT.
The Secretary may provide, without reimbursement,
personnel, facilities, and other administrative services of
the Department to the Foundation.
SEC. 308. AUDITS AND PETITION OF ATTORNEY GENERAL FOR
EQUITABLE RELIEF.
(a) Audits.--
(1) In general.--The accounts of the Foundation shall be
audited in accordance with Public Law 88-504 (36 U.S.C. 1101
et seq.), including an audit of lobbying and litigation
activities carried out by the Foundation.
(2) Conforming amendment.--The first section of Public Law
88-504 (36 U.S.C. 1101) is amended by adding at the end the
following:
``(77) The National Natural Resources Conservation
Foundation.''.
(b) Relief with Respect to Certain Foundation Acts or
Failure to Act.--The Attorney General may petition in the
United States District Court for the District of Columbia for
such equitable relief as may be necessary or appropriate, if
the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with this title; or
(2) refuses, fails, neglects, or threatens to refuse, fail,
or neglect, to discharge the obligations of the Foundation
under this title.
SEC. 309. RELEASE FROM LIABILITY.
(a) In General.--The United States shall not be liable for
any debt, default, act, or omission of the Foundation. The
full faith and credit of the United States shall not extend
to the Foundation.
(b) Statement.--An obligation issued by the Foundation, and
a document offering an obligation, shall include a prominent
statement that the obligation is not directly or indirectly
guaranteed, in whole or in part, by the United States (or an
agency or instrumentality of the United States).
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
to be made available to the Foundation such sums as are
necessary for each of fiscal years 1997 through 1999 to
initially establish and carry out activities of the
Foundation.
TITLE IV--IMPLEMENTATION AND EFFECTIVE DATE
SEC. 401. IMPLEMENTATION.
The Secretary of Agriculture and the Farm Credit
Administration shall promulgate regulations and take other
required actions to implement the provisions of this Act not
later than 90 days after the effective date of this Act.
[[Page 17]]
SEC. 402. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall become effective on the
date of enactment.
Amend the title so as to read: ``An Act to amend the Farm
Credit Act of 1971 to provide regulatory relief, and for
other purposes.''.
On motion of Mr. EMERSON, said Senate amendment to the text was agreed
to with the following amendment:
In lieu of the matter inserted by the Senate amendment to
the text of the bill, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Farm
Credit System Reform Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL MORTGAGE SECONDARY MARKET
Sec. 101. Definition of real estate.
Sec. 102. Definition of certified facility.
Sec. 103. Duties of Federal Agricultural Mortgage Corporation.
Sec. 104. Powers of the Corporation.
Sec. 105. Federal reserve banks as depositaries and fiscal agents.
Sec. 106. Certification of agricultural mortgage marketing facilities.
Sec. 107. Guarantee of qualified loans.
Sec. 108. Mandatory reserves and subordinated participation interests
eliminated.
Sec. 109. Standards requiring diversified pools.
Sec. 110. Small farms.
Sec. 111. Definition of an affiliate.
Sec. 112. State usury laws superseded.
Sec. 113. Extension of capital transition period.
Sec. 114. Minimum capital level.
Sec. 115. Critical capital level.
Sec. 116. Enforcement levels.
Sec. 117. Recapitalization of the Corporation.
Sec. 118. Liquidation of the Federal Agricultural Mortgage Corporation.
TITLE II--REGULATORY RELIEF
Sec. 201. Compensation of association personnel.
Sec. 202. Use of private mortgage insurance.
Sec. 203. Removal of certain borrower reporting requirement.
Sec. 204. Reform of regulatory limitations on dividend, member
business, and voting practices of eligible farmer-owned
cooperatives.
Sec. 205. Removal of Federal Government certification requirement for
certain private sector financings.
Sec. 206. Borrower stock.
Sec. 207. Disclosure relating to adjustable rate loans.
Sec. 208. Borrowers' rights.
Sec. 209. Formation of administrative service entities.
Sec. 210. Joint management agreements.
Sec. 211. Dissemination of quarterly reports.
Sec. 212. Regulatory review.
Sec. 213. Examination of farm credit system institutions.
Sec. 214. Conservatorships and receiverships.
Sec. 215. Farm Credit Insurance Fund operations.
Sec. 216. Examinations by the Farm Credit System Insurance Corporation.
Sec. 217. Powers with respect to troubled insured System banks.
Sec. 218. Oversight and regulatory actions by the Farm Credit System
Insurance Corporation.
Sec. 219. Farm Credit System Insurance Corporation board of directors.
Sec. 220. Interest rate reduction program.
Sec. 221. Liability for making criminal referrals.
TITLE III--IMPLEMENTATION AND EFFECTIVE DATE
Sec. 301. Implementation.
Sec. 302. Effective date.
TITLE I--AGRICULTURAL MORTGAGE SECONDARY MARKET
SEC. 101. DEFINITION OF REAL ESTATE.
Section 8.0(1)(B)(ii) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa(1)(B)(ii)) is amended by striking ``with a
purchase price'' and inserting ``, excluding the land to
which the dwelling is affixed, with a value''.
SEC. 102. DEFINITION OF CERTIFIED FACILITY.
Section 8.0(3) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa(3)) is amended--
(1) in subparagraph (A), by striking ``a secondary
marketing agricultural loan'' and inserting ``an agricultural
mortgage marketing''; and
(2) in subparagraph (B), by striking ``, but only'' and all
that follows through ``(9)(B)''.
SEC. 103. DUTIES OF FEDERAL AGRICULTURAL MORTGAGE
CORPORATION.
Section 8.1(b) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-1(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) purchase qualified loans and issue securities
representing interests in, or obligations backed by, the
qualified loans, guaranteed for the timely repayment of
principal and interest.''.
SEC. 104. POWERS OF THE CORPORATION.
Section 8.3(c) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-3(c)) is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) To purchase, hold, sell, or assign a qualified loan,
to issue a guaranteed security, representing an interest in,
or an obligation backed by, the qualified loan, and to
perform all the functions and responsibilities of an
agricultural mortgage marketing facility operating as a
certified facility under this title.''.
SEC. 105. FEDERAL RESERVE BANKS AS DEPOSITARIES AND FISCAL
AGENTS.
Section 8.3 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-3) is amended--
(1) in subsection (d), by striking ``may act as
depositories for, or'' and inserting ``shall act as
depositories for, and''; and
(2) in subsection (e), by striking ``Secretary of the
Treasury may authorize the Corporation to use'' and inserting
``Corporation shall have access to''.
SEC. 106. CERTIFICATION OF AGRICULTURAL MORTGAGE MARKETING
FACILITIES.
Section 8.5 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-5) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(other than the
Corporation)'' after ``agricultural mortgage marketing
facilities''; and
(B) in paragraph (2), by inserting ``(other than the
Corporation)'' after ``agricultural mortgage marketing
facility''; and
(2) in subsection (e)(1), by striking ``(other than the
Corporation)''.
SEC. 107. GUARANTEE OF QUALIFIED LOANS.
Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-6) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Corporation shall guarantee'' and
inserting the following: ``Corporation--
``(A) shall guarantee'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) may issue a security, guaranteed as to the timely
payment of principal and interest, that represents an
interest solely in, or an obligation fully backed by, a pool
consisting of qualified loans that--
``(i) meet the standards established under section 8.8; and
``(ii) have been purchased and held by the Corporation.'';
(2) in subsection (d)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively; and
(3) in subsection (g)(2), by striking ``section
8.0(9)(B))'' and inserting ``section 8.0(9))''.
SEC. 108. MANDATORY RESERVES AND SUBORDINATED PARTICIPATION
INTERESTS ELIMINATED.
(a) Guarantee of Qualified Loans.--Section 8.6 of the Farm
Credit Act of 1971 (12 U.S.C. 2279aa-6) is amended by
striking subsection (b).
(b) Reserves and Subordinated Participation Interests.--
Section 8.7 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-
7) is repealed.
(c) Conforming Amendments.--
(1) Section 8.0(9)(B)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa(9)(B)(i)) is amended by striking ``8.7, 8.8,''
and inserting ``8.8''.
(2) Section 8.6(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-6(a)(2)) is amended by striking ``subject to
the provisions of subsection (b)''.
SEC. 109. STANDARDS REQUIRING DIVERSIFIED POOLS.
(a) In General.--Section 8.6 of the Farm Credit Act of 1971
(12 U.S.C. 2279aa-6) (as amended by section 108) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (g) as
subsections (b) through (e), respectively.
(b) Conforming Amendments.--
(1) Section 8.0(9)(B)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa(9)(B)(i)) is amended by striking ``(f)'' and
inserting ``(d)''.
(2) Section 8.13(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-13(a)) is amended by striking ``sections 8.6(b)
and'' in each place it appears and inserting ``section''.
(3) Section 8.32(b)(1)(C) of the Farm Credit Act of 1971
(12 U.S.C. 2279bb-1(b)(1)(C)) is amended--
(A) by striking ``shall'' and inserting ``may''; and
(B) by inserting ``(as in effect before the date of the
enactment of the Farm Credit System Reform Act of 1996)''
before the semicolon.
(4) Section 8.6(b) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-6(b)) (as redesignated by subsection (a)(2)) is
amended--
(A) by striking paragraph (4) (as redesignated by section
107(2)(B)); and
(B) by redesignating paragraphs (5) and (6) (as
redesignated by section 107(2)(B)) as paragraphs (4) and (5),
respectively.
SEC. 110. SMALL FARMS.
Section 8.8(e) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-8(e)) is amended by adding at the end the following:
``The Board shall promote and encourage the inclusion of
qualified loans for small farms and family farmers in the
agricultural mortgage secondary market.''.
SEC. 111. DEFINITION OF AN AFFILIATE.
Section 8.11(e) of the Farm Credit Act of 1971 (21 U.S.C.
2279aa-11(e)) is amended--
(1) by striking ``a certified facility or''; and
[[Page 18]]
(2) by striking ``paragraphs (3) and (7), respectively, of
section 8.0'' and inserting ``section 8.0(7)''.
SEC. 112. STATE USURY LAWS SUPERSEDED.
Section 8.12 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-12) is amended by striking subsection (d) and
inserting the following:
``(d) State Usury Laws Superseded.--A provision of the
Constitution or law of any State shall not apply to an
agricultural loan made by an originator or a certified
facility in accordance with this title for sale to the
Corporation or to a certified facility for inclusion in a
pool for which the Corporation has provided, or has committed
to provide, a guarantee, if the loan, not later than 180 days
after the date the loan was made, is sold to the Corporation
or included in a pool for which the Corporation has provided
a guarantee, if the provision--
``(1) limits the rate or amount of interest, discount
points, finance charges, or other charges that may be
charged, taken, received, or reserved by an agricultural
lender or a certified facility; or
``(2) limits or prohibits a prepayment penalty (either
fixed or declining), yield maintenance, or make-whole payment
that may be charged, taken, or received by an agricultural
lender or a certified facility in connection with the full or
partial payment of the principal amount due on a loan by a
borrower in advance of the scheduled date for the payment
under the terms of the loan, otherwise known as a prepayment
of the loan principal.''.
SEC. 113. EXTENSION OF CAPITAL TRANSITION PERIOD.
Section 8.32 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-1) is amended--
(1) in the first sentence of subsection (a), by striking
``Not later than the expiration of the 2-year period
beginning on December 13, 1991,'' and inserting ``Not sooner
than the expiration of the 3-year period beginning on the
date of enactment of the Farm Credit System Reform Act of
1996,'';
(2) in the first sentence of subsection (b)(2), by striking
``5-year'' and inserting ``8-year''; and
(3) in subsection (d)--
(A) in the first sentence--
(i) by striking ``The regulations establishing'' and
inserting the following:
``(1) In general.--The regulations establishing''; and
(ii) by striking ``shall contain'' and inserting the
following: ``shall--
``(A) be issued by the Director for public comment in the
form of a notice of proposed rulemaking, to be first
published after the expiration of the period referred to in
subsection (a); and
``(B) contain''; and
(B) in the second sentence, by striking ``The regulations
shall'' and inserting the following:
``(2) Specificity.--The regulations referred to in
paragraph (1) shall''.
SEC. 114. MINIMUM CAPITAL LEVEL.
Section 8.33 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-2) is amended to read as follows:
``SEC. 8.33. MINIMUM CAPITAL LEVEL.
``(a) In General.--Except as provided in subsection (b),
for purposes of this subtitle, the minimum capital level for
the Corporation shall be an amount of core capital equal to
the sum of--
``(1) 2.75 percent of the aggregate on-balance sheet assets
of the Corporation, as determined in accordance with
generally accepted accounting principles; and
``(2) 0.75 percent of the aggregate off-balance sheet
obligations of the Corporation, which, for the purposes of
this subtitle, shall include--
``(A) the unpaid principal balance of outstanding
securities that are guaranteed by the Corporation and backed
by pools of qualified loans;
``(B) instruments that are issued or guaranteed by the
Corporation and are substantially equivalent to instruments
described in subparagraph (A); and
``(C) other off-balance sheet obligations of the
Corporation.
``(b) Transition Period.--
``(1) In general.--For purposes of this subtitle, the
minimum capital level for the Corporation--
``(A) prior to January 1, 1997, shall be the amount of core
capital equal to the sum of--
``(i) 0.45 percent of aggregate off-balance sheet
obligations of the Corporation;
``(ii) 0.45 percent of designated on-balance sheet assets
of the Corporation, as determined under paragraph (2); and
``(iii) 2.50 percent of on-balance sheet assets of the
Corporation other than assets designated under paragraph (2);
``(B) during the 1-year period ending December 31, 1997,
shall be the amount of core capital equal to the sum of--
``(i) 0.55 percent of aggregate off-balance sheet
obligations of the Corporation;
``(ii) 1.20 percent of designated on-balance sheet assets
of the Corporation, as determined under paragraph (2); and
``(iii) 2.55 percent of on-balance sheet assets of the
Corporation other than assets designated under paragraph (2);
``(C) during the 1-year period ending December 31, 1998,
shall be the amount of core capital equal to--
``(i) if the Corporation's core capital is not less than
$25,000,000 on January 1, 1998, the sum of--
``(I) 0.65 percent of aggregate off-balance sheet
obligations of the Corporation;
``(II) 1.95 percent of designated on-balance sheet assets
of the Corporation, as determined under paragraph (2); and
``(III) 2.65 percent of on-balance sheet assets of the
Corporation other than assets designated under paragraph (2);
or
``(ii) if the Corporation's core capital is less than
$25,000,000 on January 1, 1998, the amount determined under
subsection (a); and
``(D) on and after January 1, 1999, shall be the amount
determined under subsection (a).
``(2) Designated on-balance sheet assets.--For purposes of
this subsection, the designated on-balance sheet assets of
the Corporation shall be--
``(A) the aggregate on-balance sheet assets of the
Corporation acquired under section 8.6(e); and
``(B) the aggregate amount of qualified loans purchased and
held by the Corporation under section 8.3(c)(13).''.
SEC. 115. CRITICAL CAPITAL LEVEL.
Section 8.34 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-3) is amended to read as follows:
``SEC. 8.34. CRITICAL CAPITAL LEVEL.
``For purposes of this subtitle, the critical capital level
for the Corporation shall be an amount of core capital equal
to 50 percent of the total minimum capital amount determined
under section 8.33.''.
SEC. 116. ENFORCEMENT LEVELS.
Section 8.35(e) of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-4(e)) is amended by striking ``during the 30-month
period beginning on the date of the enactment of this
section,'' and inserting ``during the period beginning on
December 13, 1991, and ending on the effective date of the
risk based capital regulation issued by the Director under
section 8.32,''.
SEC. 117. RECAPITALIZATION OF THE CORPORATION.
Title VIII of the Farm Credit Act of 1971 (12 U.S.C. 2279aa
et seq.) is amended by adding at the end the following:
``SEC. 8.38. RECAPITALIZATION OF THE CORPORATION.
``(a) Mandatory Recapitalization.--The Corporation shall
increase the core capital of the Corporation to an amount
equal to or greater than $25,000,000, not later than the
earlier of--
``(1) the date that is 2 years after the date of enactment
of this section; or
``(2) the date that is 180 days after the end of the first
calendar quarter that the aggregate on-balance sheet assets
of the Corporation, plus the outstanding principal of the
off-balance sheet obligations of the Corporation, equal or
exceed $2,000,000,000.
``(b) Raising Core Capital.--In carrying out this section,
the Corporation may issue stock under section 8.4 and
otherwise employ any recognized and legitimate means of
raising core capital in the power of the Corporation under
section 8.3.
``(c) Limitation on Growth of Total Assets.--During the 2-
year period beginning on the date of enactment of this
section, the aggregate on-balance sheet assets of the
Corporation plus the outstanding principal of the off-balance
sheet obligations of the Corporation may not exceed
$3,000,000,000 if the core capital of the Corporation is less
than $25,000,000.
``(d) Enforcement.--If the Corporation fails to carry out
subsection (a) by the date required under paragraph (1) or
(2) of subsection (a), the Corporation may not purchase a new
qualified loan or issue or guarantee a new loan-backed
security until the core capital of the Corporation is
increased to an amount equal to or greater than
$25,000,000.''.
SEC. 118. LIQUIDATION OF THE FEDERAL AGRICULTURAL MORTGAGE
CORPORATION.
Title VIII of the Farm Credit Act of 1971 (12 U.S.C. 2279aa
et seq.) (as amended by section 117) is amended by adding at
the end the following:
``Subtitle C--Receivership, Conservatorship, and Liquidation of the
Federal Agricultural Mortgage Corporation
``SEC. 8.41. CONSERVATORSHIP; LIQUIDATION; RECEIVERSHIP.
``(a) Voluntary Liquidation.--The Corporation may
voluntarily liquidate only with the consent of, and in
accordance with a plan of liquidation approved by, the Farm
Credit Administration Board.
``(b) Involuntary Liquidation.--
``(1) In general.--The Farm Credit Administration Board may
appoint a conservator or receiver for the Corporation under
the circumstances specified in section 4.12(b).
``(2) Application.--In applying section 4.12(b) to the
Corporation under paragraph (1)--
``(A) the Corporation shall also be considered insolvent if
the Corporation is unable to pay its debts as they fall due
in the ordinary course of business;
``(B) a conservator may also be appointed for the
Corporation if the authority of the Corporation to purchase
qualified loans or issue or guarantee loan-backed securities
is suspended; and
``(C) a receiver may also be appointed for the Corporation
if--
``(i)(I) the authority of the Corporation to purchase
qualified loans or issue or guarantee loan-backed securities
is suspended; or
``(II) the Corporation is classified under section 8.35 as
within level III or IV and the alternative actions available
under subtitle B are not satisfactory; and
``(ii) the Farm Credit Administration determines that the
appointment of a conservator would not be appropriate.
``(3) No effect on supervisory actions.--The grounds for
appointment of a conservator for the Corporation under this
sub
[[Page 19]]
section shall be in addition to those in section 8.37.
``(c) Appointment of Conservator or Receiver.--
``(1) Qualifications.--Notwithstanding section 4.12(b), if
a conservator or receiver is appointed for the Corporation,
the conservator or receiver shall be--
``(A) the Farm Credit Administration or any other
governmental entity or employee, including the Farm Credit
System Insurance Corporation; or
``(B) any person that--
``(i) has no claim against, or financial interest in, the
Corporation or other basis for a conflict of interest as the
conservator or receiver; and
``(ii) has the financial and management expertise necessary
to direct the operations and affairs of the Corporation and,
if necessary, to liquidate the Corporation.
``(2) Compensation.--
``(A) In general.--A conservator or receiver for the
Corporation and professional personnel (other than a Federal
employee) employed to represent or assist the conservator or
receiver may be compensated for activities conducted as, or
for, a conservator or receiver.
``(B) Limit on compensation.--Compensation may not be
provided in amounts greater than the compensation paid to
employees of the Federal Government for similar services,
except that the Farm Credit Administration may provide for
compensation at higher rates that are not in excess of rates
prevailing in the private sector if the Farm Credit
Administration determines that compensation at higher rates
is necessary in order to recruit and retain competent
personnel.
``(C) Contractual arrangements.--The conservator or
receiver may contract with any governmental entity, including
the Farm Credit System Insurance Corporation, to make
personnel, services, and facilities of the entity available
to the conservator or receiver on such terms and compensation
arrangements as shall be mutually agreed, and each entity may
provide the same to the conservator or receiver.
``(3) Expenses.--A valid claim for expenses of the
conservatorship or receivership (including compensation under
paragraph (2)) and a valid claim with respect to a loan made
under subsection (f) shall--
``(A) be paid by the conservator or receiver from funds of
the Corporation before any other valid claim against the
Corporation; and
``(B) may be secured by a lien, on such property of the
Corporation as the conservator or receiver may determine,
that shall have priority over any other lien.
``(4) Liability.--If the conservator or receiver for the
Corporation is not a Federal entity, or an officer or
employee of the Federal Government, the conservator or
receiver shall not be personally liable for damages in tort
or otherwise for an act or omission performed pursuant to and
in the course of the conservatorship or receivership, unless
the act or omission constitutes gross negligence or any form
of intentional tortious conduct or criminal conduct.
``(5) Indemnification.--The Farm Credit Administration may
allow indemnification of the conservator or receiver from the
assets of the conservatorship or receivership on such terms
as the Farm Credit Administration considers appropriate.
``(d) Judicial Review of Appointment.--
``(1) In general.--Notwithstanding subsection (i)(1), not
later than 30 days after a conservator or receiver is
appointed under subsection (b), the Corporation may bring an
action in the United States District Court for the District
of Columbia for an order requiring the Farm Credit
Administration Board to remove the conservator or receiver.
The court shall, on the merits, dismiss the action or direct
the Farm Credit Administration Board to remove the
conservator or receiver.
``(2) Stay of other actions.--On the commencement of an
action under paragraph (1), any court having jurisdiction of
any other action or enforcement proceeding authorized under
this Act to which the Corporation is a party shall stay the
action or proceeding during the pendency of the action for
removal of the conservator or receiver.
``(e) General Powers of Conservator or Receiver.--The
conservator or receiver for the Corporation shall have such
powers to conduct the conservatorship or receivership as
shall be provided pursuant to regulations adopted by the Farm
Credit Administration Board. Such powers shall be comparable
to the powers available to a conservator or receiver
appointed pursuant to section 4.12(b).
``(f) Borrowings for Working Capital.--
``(1) In general.--If the conservator or receiver of the
Corporation determines that it is likely that there will be
insufficient funds to pay the ongoing administrative expenses
of the conservatorship or receivership or that there will be
insufficient liquidity to fund maturing obligations of the
conservatorship or receivership, the conservator or receiver
may borrow funds in such amounts, from such sources, and at
such rates of interest as the conservator or receiver
considers necessary or appropriate to meet the administrative
expenses or liquidity needs of the conservatorship or
receivership.
``(2) Working capital from farm credit banks.--A Farm
Credit bank may loan funds to the conservator or receiver for
a loan authorized under paragraph (1) or, in the event of
receivership, a Farm Credit bank may purchase assets of the
Corporation.
``(g) Agreements Against Interests of Conservator or
Receiver.--No agreement that tends to diminish or defeat the
right, title, or interest of the conservator or receiver for
the Corporation in any asset acquired by the conservator or
receiver as conservator or receiver for the Corporation shall
be valid against the conservator or receiver unless the
agreement--
``(1) is in writing;
``(2) is executed by the Corporation and any person
claiming an adverse interest under the agreement, including
the obligor, contemporaneously with the acquisition of the
asset by the Corporation;
``(3) is approved by the Board or an appropriate committee
of the Board, which approval shall be reflected in the
minutes of the Board or committee; and
``(4) has been, continuously, from the time of the
agreement's execution, an official record of the Corporation.
``(h) Report to the Congress.--On a determination by the
receiver for the Corporation that there are insufficient
assets of the receivership to pay all valid claims against
the receivership, the receiver shall submit to the Secretary
of the Treasury, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the financial
condition of the receivership.
``(i) Termination of Authorities.--
``(1) Corporation.--The charter of the Corporation shall be
canceled, and the authority provided to the Corporation by
this title shall terminate, on such date as the Farm Credit
Administration Board determines is appropriate following the
placement of the Corporation in receivership, but not later
than the conclusion of the receivership and discharge of the
receiver.
``(2) Oversight.--The Office of Secondary Market Oversight
established under section 8.11 shall be abolished, and
section 8.11(a) and subtitle B shall have no force or effect,
on such date as the Farm Credit Administration Board
determines is appropriate following the placement of the
Corporation in receivership, but not later than the
conclusion of the receivership and discharge of the
receiver.''.
TITLE II--REGULATORY RELIEF
SEC. 201. COMPENSATION OF ASSOCIATION PERSONNEL.
Section 1.5(13) of the Farm Credit Act of 1971 (12 U.S.C.
2013(13)) is amended by striking ``, and the appointment and
compensation of the chief executive officer thereof,''.
SEC. 202. USE OF PRIVATE MORTGAGE INSURANCE.
(a) In General.--Section 1.10(a)(1) of the Farm Credit Act
of 1971 (12 U.S.C. 2018(a)(1)) is amended by adding at the
end the following:
``(D) Private mortgage insurance.--A loan on which private
mortgage insurance is obtained may exceed 85 percent of the
appraised value of the real estate security to the extent
that the loan amount in excess of such 85 percent is covered
by the insurance.''.
(b) Conforming Amendment.--Section 1.10(a)(1)(A) of the
Farm Credit Act of 1971 (12 U.S.C. 2018(a)(1)(A)) is amended
by striking ``paragraphs (2) and (3)'' and inserting
``subparagraphs (C) and (D)''.
SEC. 203. REMOVAL OF CERTAIN BORROWER REPORTING REQUIREMENT.
Section 1.10(a) of the Farm Credit Act of 1971 (12 U.S.C.
2018(a)) is amended by striking paragraph (5).
SEC. 204. REFORM OF REGULATORY LIMITATIONS ON DIVIDEND,
MEMBER BUSINESS, AND VOTING PRACTICES OF
ELIGIBLE FARMER-OWNED COOPERATIVES.
(a) In General.--Section 3.8(a) of the Farm Credit Act of
1971 (12 U.S.C. 2129(a)) is amended by adding at the end the
following: ``Any such association that has received a loan
from a bank for cooperatives shall, without regard to the
requirements of paragraphs (1) through (4), continue to be
eligible for so long as more than 50 percent (or such higher
percentage as is established by the bank board) of the voting
control of the association is held by farmers, producers or
harvesters of aquatic products, or eligible cooperative
associations.''.
(b) Conforming Amendment.--Section 3.8(b)(1)(D) of the Farm
Credit Act of 1971 (12 U.S.C. 2129(b)(1)(D)) is amended by
striking ``and (4) of subsection (a)'' and inserting ``and
(4), or under the last sentence, of subsection (a)''.
SEC. 205. REMOVAL OF FEDERAL GOVERNMENT CERTIFICATION
REQUIREMENT FOR CERTAIN PRIVATE SECTOR
FINANCINGS.
Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended--
(1) by striking ``have been certified by the Administrator
of the Rural Electrification Administration to be eligible
for such'' and inserting ``are eligible under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.) for''; and
(2) by striking ``loan guarantee, and'' and inserting
``loan guarantee from the Administration or the Bank (or a
successor of the Administration or the Bank), and''.
SEC. 206. BORROWER STOCK.
Section 4.3A of the Farm Credit Act of 1971 (12 U.S.C.
2154a) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Loans Designated for Sale or Sold Into the Secondary
Market.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of
[[Page 20]]
this section, the bylaws adopted by a bank or association
under subsection (b) may provide--
``(A) in the case of a loan made on or after the date of
enactment of this paragraph that is designated, at the time
the loan is made, for sale into a secondary market, that no
voting stock or participation certificate purchase
requirement shall apply to the borrower for the loan; and
``(B) in the case of a loan made before the date of
enactment of this paragraph that is sold into a secondary
market, that all outstanding voting stock or participation
certificates held by the borrower with respect to the loan
shall, subject to subsection (d)(1), be retired.
``(2) Applicability.--Notwithstanding any other provision
of this section, in the case of a loan sold to a secondary
market under title VIII, paragraph (1) shall apply regardless
of whether the bank or association retains a subordinated
participation interest in a loan or pool of loans or
contributes to a cash reserve.
``(3) Exception.--
``(A) In general.--Subject to subparagraph (B) and
notwithstanding any other provision of this section, if a
loan designated for sale under paragraph (1)(A) is not sold
into a secondary market during the 180-day period that begins
on the date of the designation, the voting stock or
participation certificate purchase requirement that would
otherwise apply to the loan in the absence of a bylaw
provision described in paragraph (1)(A) shall be effective.
``(B) Retirement.--The bylaws adopted by a bank or
association under subsection (b) may provide that if a loan
described in subparagraph (A) is sold into a secondary market
after the end of the 180-day period described in the
subparagraph, all outstanding voting stock or participation
certificates held by the borrower with respect to the loan
shall, subject to subsection (d)(1), be retired.''.
SEC. 207. DISCLOSURE RELATING TO ADJUSTABLE RATE LOANS.
Section 4.13(a)(4) of the Farm Credit Act of 1971 (12
U.S.C. 2199(a)(4)) is amended by inserting before the
semicolon at the end the following: ``, and notice to the
borrower of a change in the interest rate applicable to the
loan of the borrower may be made within a reasonable time
after the effective date of an increase or decrease in the
interest rate''.
SEC. 208. BORROWERS' RIGHTS.
(a) Definition of Loan.--Section 4.14A(a)(5) of the Farm
Credit Act of 1971 (12 U.S.C. 2202a(a)(5)) is amended--
(1) by striking ``(5) Loan.--The'' and inserting the
following:
``(5) Loan.--
``(A) In general.--Subject to subparagraph (B), the''; and
(2) by adding at the end the following:
``(B) Exclusion for loans designated for sale into
secondary market.--
``(i) In general.--Except as provided in clause (ii), the
term `loan' does not include a loan made on or after the date
of enactment of this subparagraph that is designated, at the
time the loan is made, for sale into a secondary market.
``(ii) Unsold loans.--
``(I) In general.--Except as provided in subclause (II), if
a loan designated for sale under clause (i) is not sold into
a secondary market during the 180-day period that begins on
the date of the designation, the provisions of this section
and sections 4.14, 4.14B, 4.14C, 4.14D, and 4.36 that would
otherwise apply to the loan in the absence of the exclusion
described in clause (i) shall become effective with respect
to the loan.
``(II) Later sale.--If a loan described in subclause (I) is
sold into a secondary market after the end of the 180-day
period described in subclause (I), subclause (I) shall not
apply with respect to the loan beginning on the date of the
sale.''.
(b) Borrowers' Rights for Pooled Loans.--The first sentence
of section 8.9(b) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-9(b)) is amended by inserting ``(as defined in section
4.14A(a)(5))'' after ``application for a loan''.
SEC. 209. FORMATION OF ADMINISTRATIVE SERVICE ENTITIES.
Part E of title IV of the Farm Credit Act of 1971 is
amended by inserting after section 4.28 (12 U.S.C. 2214) the
following:
``SEC. 4.28A. DEFINITION OF BANK.
``In this part, the term `bank' includes each association
operating under title II.''.
SEC. 210. JOINT MANAGEMENT AGREEMENTS.
The first sentence of section 5.17(a)(2)(A) of the Farm
Credit Act of 1971 (12 U.S.C. 2252(a)(2)(A)) is amended by
striking ``or management agreements''.
SEC. 211. DISSEMINATION OF QUARTERLY REPORTS.
Section 5.17(a)(8) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(8)) is amended by inserting after ``except
that'' the following: ``the requirements of the Farm Credit
Administration governing the dissemination to stockholders of
quarterly reports of System institutions may not be more
burdensome or costly than the requirements applicable to
national banks, and''.
SEC. 212. REGULATORY REVIEW.
(a) Findings.--Congress finds that--
(1) the Farm Credit Administration, in the role of the
Administration as an arms-length safety and soundness
regulator, has made considerable progress in reducing the
regulatory burden on Farm Credit System institutions;
(2) the efforts of the Farm Credit Administration described
in paragraph (1) have resulted in cost savings for Farm
Credit System institutions; and
(3) the cost savings described in paragraph (2) ultimately
benefit the farmers, ranchers, agricultural cooperatives, and
rural residents of the United States.
(b) Continuation of Regulatory Review.--The Farm Credit
Administration shall continue the comprehensive review of
regulations governing the Farm Credit System to identify and
eliminate, consistent with law, safety, and soundness, all
regulations that are unnecessary, unduly burdensome or
costly, or not based on law.
SEC. 213. EXAMINATION OF FARM CREDIT SYSTEM INSTITUTIONS.
The first sentence of section 5.19(a) of the Farm Credit
Act of 1971 (12 U.S.C. 2254(a)) is amended by striking ``each
year'' and inserting ``during each 18-month period''.
SEC. 214. CONSERVATORSHIPS AND RECEIVERSHIPS.
(a) Definitions.--Section 5.51 of the Farm Credit Act of
1971 (12 U.S.C. 2277a) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraph (6) as paragraph (5).
(b) General Corporate Powers.--Section 5.58 of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-7) is amended by striking
paragraph (9) and inserting the following:
``(9) Conservator or receiver.--The Corporation may act as
a conservator or receiver.''.
SEC. 215. FARM CREDIT INSURANCE FUND OPERATIONS.
(a) Adjustment of Premiums.--
(1) In general.--Section 5.55(a) of the Farm Credit Act of
1971 (12 U.S.C. 2277a-4(a)) is amended--
(A) in paragraph (1), by striking ``Until the aggregate of
amounts in the Farm Credit Insurance Fund exceeds the secure
base amount, the annual premium due from any insured System
bank for any calendar year'' and inserting the following:
``If at the end of any calendar year the aggregate of amounts
in the Farm Credit Insurance Fund does not exceed the secure
base amount, subject to paragraph (2), the annual premium due
from any insured System bank for the calendar year'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Reduced premiums.--The Corporation, in the sole
discretion of the Corporation, may reduce by a percentage
uniformly applied to all insured System banks the annual
premium due from each insured System bank during any calendar
year, as determined under paragraph (1).''.
(2) Conforming amendments.--
(A) Section 5.55(b) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-4(b)) is amended--
(i) by striking ``Insurance Fund'' each place it appears
and inserting ``Farm Credit Insurance Fund'';
(ii) by striking ``for the following calendar year''; and
(iii) by striking ``subsection (a)'' and inserting
``subsection (a)(1)''.
(B) Section 5.56(a) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-5(a)) is amended by striking ``section
5.55(a)(2)'' each place it appears in paragraphs (2) and (3)
and inserting ``section 5.55(a)(3)''.
(C) Section 1.12(b) (12 U.S.C. 2020(b)) is amended--
(i) in paragraph (1), by inserting ``(as defined in section
5.55(a)(3))'' after ``government-guaranteed loans''; and
(ii) in paragraph (3), by inserting ``(as so defined)''
after ``government-guaranteed loans'' each place such term
appears.
(b) Allocation to Insured System Banks and Other System
Institutions of Excess Amounts in the Farm Credit Insurance
Fund.--Section 5.55 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-4) is amended by adding at the end the following:
``(e) Allocation to System Institutions of Excess
Reserves.--
``(1) Establishment of allocated insurance reserves
accounts.--There is hereby established in the Farm Credit
Insurance Fund an Allocated Insurance Reserves Account--
``(A) for each insured System bank; and
``(B) subject to paragraph (6)(C), for all holders, in the
aggregate, of Financial Assistance Corporation stock.
``(2) Treatment.--Amounts in any Allocated Insurance
Reserves Account shall be considered to be part of the Farm
Credit Insurance Fund.
``(3) Annual allocations.--If, at the end of any calendar
year, the aggregate of the amounts in the Farm Credit
Insurance Fund exceeds the average secure base amount for the
calendar year (as calculated on an average daily balance
basis), the Corporation shall allocate to the Allocated
Insurance Reserves Accounts the excess amount less the amount
that the Corporation, in its sole discretion, determines to
be the sum of the estimated operating expenses and estimated
insurance obligations of the Corporation for the immediately
succeeding calendar year.
``(4) Allocation formula.--From the total amount required
to be allocated at the end of a calendar year under paragraph
(3)--
``(A) 10 percent of the total amount shall be credited to
the Allocated Insurance Reserves Account established under
paragraph (1)(B), subject to paragraph (6)(C); and
``(B) there shall be credited to the Allocated Insurance
Reserves Account of each insured System bank an amount that
bears the same ratio to the total amount (less any
[[Page 21]]
amount credited under subparagraph (A)) as the average
principal outstanding for the 3-year period ending on the end
of the calendar year on loans made by the bank that are in
accrual status bears to the average principal outstanding for
the 3-year period ending on the end of the calendar year on
loans made by all insured System banks that are in accrual
status (excluding, in each case, the guaranteed portions of
government-guaranteed loans described in subsection
(a)(1)(C)).
``(5) Use of funds in allocated insurance reserves
accounts.--To the extent that the sum of the operating
expenses of the Corporation and the insurance obligations of
the Corporation for a calendar year exceeds the sum of
operating expenses and insurance obligations determined under
paragraph (3) for the calendar year, the Corporation shall
cover the expenses and obligations by--
``(A) reducing each Allocated Insurance Reserves Account by
the same proportion; and
``(B) expending the amounts obtained under subparagraph (A)
before expending other amounts in the Fund.
``(6) Other disposition of account funds.--
``(A) In general.--As soon as practicable during each
calendar year beginning more than 8 years after the date on
which the aggregate of the amounts in the Farm Credit
Insurance Fund exceeds the secure base amount, but not
earlier than January 1, 2005, the Corporation may--
``(i) subject to subparagraphs (D) and (F), pay to each
insured System bank, in a manner determined by the
Corporation, an amount equal to the lesser of--
``(I) 20 percent of the balance in the insured System
bank's Allocated Insurance Reserves Account as of the
preceding December 31; or
``(II) 20 percent of the balance in the bank's Allocated
Insurance Reserves Account on the date of the payment; and
``(ii) subject to subparagraphs (C), (E), and (F), pay to
each System bank and association holding Financial Assistance
Corporation stock a proportionate share, determined by
dividing the number of shares of Financial Assistance
Corporation stock held by the institution by the total number
of shares of Financial Assistance Corporation stock
outstanding, of the lesser of--
``(I) 20 percent of the balance in the Allocated Insurance
Reserves Account established under paragraph (1)(B) as of the
preceding December 31; or
``(II) 20 percent of the balance in the Allocated Insurance
Reserves Account established under paragraph (1)(B) on the
date of the payment.
``(B) Authority to eliminate or reduce payments.--The
Corporation may eliminate or reduce payments during a
calendar year under subparagraph (A) if the Corporation
determines, in its sole discretion, that the payments, or
other circumstances that might require use of the Farm Credit
Insurance Fund, could cause the amount in the Farm Credit
Insurance Fund during the calendar year to be less than the
secure base amount.
``(C) Reimbursement for financial assistance corporation
stock.--
``(i) Sufficient funding.--Notwithstanding paragraph
(4)(A), on provision by the Corporation for the accumulation
in the Account established under paragraph (1)(B) of funds in
an amount equal to $56,000,000 (in addition to the amounts
described in subparagraph (F)(ii)), the Corporation shall not
allocate any further funds to the Account except to replenish
the Account if funds are diminished below $56,000,000 by the
Corporation under paragraph (5).
``(ii) Wind down and termination.--
``(I) Final disbursements.--On disbursement of $53,000,000
(in addition to the amounts described in subparagraph
(F)(ii)) from the Allocated Insurance Reserves Account, the
Corporation shall disburse the remaining amounts in the
Account, as determined under subparagraph (A)(ii), without
regard to the percentage limitations in subclauses (I) and
(II) of subparagraph (A)(ii).
``(II) Termination of account.--On disbursement of
$56,000,000 (in addition to the amounts described in
subparagraph (F)(ii)) from the Allocated Insurance Reserves
Account, the Corporation shall close the Account established
under paragraph (1)(B) and transfer any remaining funds in
the Account to the remaining Allocated Insurance Reserves
Accounts in accordance with paragraph (4)(B) for the calendar
year in which the transfer occurs.
``(D) Distribution of payments received.--Not later than 60
days after receipt of a payment made under subparagraph
(A)(i), each insured System bank, in consultation with
affiliated associations of the insured System bank, and
taking into account the direct or indirect payment of
insurance premiums by the associations, shall develop and
implement an equitable plan to distribute payments received
under subparagraph (A)(i) among the bank and associations of
the bank.
``(E) Exception for previously reimbursed associations.--
For purposes of subparagraph (A)(ii), in any Farm Credit
district in which the funding bank has reimbursed 1 or more
affiliated associations of the bank for the previously
unreimbursed portion of the Financial Assistance Corporation
stock held by the associations, the funding bank shall be
deemed to be the holder of the shares of Financial Assistance
Corporation stock for which the funding bank has provided the
reimbursement.
``(F) Initial payment.--Notwithstanding subparagraph (A),
the initial payment made to each payee under subparagraph (A)
shall be in such amount determined by the Corporation to be
equal to the sum of--
``(i) the total of the amounts that would have been paid if
payments under subparagraph (A) had been authorized to begin,
under the same terms and conditions, in the first calendar
year beginning more than 5 years after the date on which the
aggregate of the amounts in the Farm Credit Insurance Fund
exceeds the secure base amount, and to continue through the 2
immediately subsequent years;
``(ii) interest earned on any amounts that would have been
paid as described in clause (i) from the date on which the
payments would have been paid as described in clause (i); and
``(iii) the payment to be made in the initial year
described in subparagraph (A), based on the amount in each
Account after subtracting the amounts to be paid under
clauses (i) and (ii).''
(c) Technical Amendments.--Section 5.55(d) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-4(d)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``subsections (a) and (c)'' and inserting
``subsections (a), (c), and (e)''; and
(B) by striking ``a Farm Credit Bank'' and inserting ``an
insured System bank''; and
(2) in paragraphs (1), (2), and (3), by striking ``Farm
Credit Bank'' each place it appears and inserting ``insured
System bank''.
SEC. 216. EXAMINATIONS BY THE FARM CREDIT SYSTEM INSURANCE
CORPORATION.
Section 5.59(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-8(b)(1)(A)) is amended by adding at the end the
following: ``Notwithstanding any other provision of this Act,
on cancellation of the charter of a System institution, the
Corporation shall have authority to examine the system
institution in receivership. An examination shall be
performed at such intervals as the Corporation shall
determine.''.
SEC. 217. POWERS WITH RESPECT TO TROUBLED INSURED SYSTEM
BANKS.
(a) Least-Cost Resolution.--Section 5.61(a)(3) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-10(a)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (F);
and
(2) by striking subparagraph (A) and inserting the
following:
``(A) Least-cost resolution.--Assistance may not be
provided to an insured System bank under this subsection
unless the means of providing the assistance is the least
costly means of providing the assistance by the Farm Credit
Insurance Fund of all possible alternatives available to the
Corporation, including liquidation of the bank (including
paying the insured obligations issued on behalf of the bank).
Before making a least-cost determination under this
subparagraph, the Corporation shall accord such other insured
System banks as the Corporation determines to be appropriate
the opportunity to submit information relating to the
determination.
``(B) Determining least costly approach.--In determining
the least costly alternative under subparagraph (A), the
Corporation shall--
``(i) evaluate alternatives on a present-value basis, using
a reasonable discount rate;
``(ii) document the evaluation and the assumptions on which
the evaluation is based; and
``(iii) retain the documentation for not less than 5 years.
``(C) Time of determination.--
``(i) General rule.--For purposes of this subsection, the
determination of the costs of providing any assistance under
any provision of this section with respect to any insured
System bank shall be made as of the date on which the
Corporation makes the determination to provide the assistance
to the institution under this section.
``(ii) Rule for liquidations.--For purposes of this
subsection, the determination of the costs of liquidation of
any insured System bank shall be made as of the earliest of--
``(I) the date on which a conservator is appointed for the
insured System bank;
``(II) the date on which a receiver is appointed for the
insured System bank; or
``(III) the date on which the Corporation makes any
determination to provide any assistance under this section
with respect to the insured System bank.
``(D) Rule for stand-alone assistance.--Before providing
any assistance under paragraph (1), the Corporation shall
evaluate the adequacy of managerial resources of the insured
System bank. The continued service of any director or senior
ranking officer who serves in a policymaking role for the
assisted insured System bank, as determined by the
Corporation, shall be subject to approval by the Corporation
as a condition of assistance.
``(E) Discretionary determinations.--Any determination that
the Corporation makes under this paragraph shall be in the
sole discretion of the Corporation.''.
(b) Conforming Amendments.--Section 5.61(a) of the Farm
Credit Act of 1971 (12 U.S.C. 2277a-10(a)) is amended--
(1) in paragraph (1) by striking ``In general.--'' and
inserting ``Stand-alone assistance.--''; and
(2) in paragraph (2)--
(A) by striking ``Enumerated powers.--'' and inserting
``Facilitation of mergers or consolidation.--''; and
(B) in subparagraph (A) by striking ``Facilitation of
mergers or consolidation.--'' and inserting ``In general.--
''.
[[Page 22]]
SEC. 218. OVERSIGHT AND REGULATORY ACTIONS BY THE FARM CREDIT
SYSTEM INSURANCE CORPORATION.
The Farm Credit Act of 1971 is amended by inserting after
section 5.61 (12 U.S.C. 2279a-10) the following:
``SEC. 5.61A. OVERSIGHT ACTIONS BY THE CORPORATION.
``(a) Definitions.--In this section, the term `institution'
means--
``(1) an insured System bank; and
``(2) a production credit association or other association
making loans under section 7.6 with a direct loan payable to
the funding bank of the association that comprises 20 percent
or more of the funding bank's total loan volume net of
nonaccrual loans.
``(b) Consultation Regarding Participation of
Undercapitalized Banks in Issuance of Insured Obligations.--
The Farm Credit Administration shall consult with the
Corporation prior to approving an insured obligation that is
to be issued by or on behalf of, or participated in by, any
insured System bank that fails to meet the minimum level for
any capital requirement established by the Farm Credit
Administration for the bank.
``(c) Consultation Regarding Applications for Mergers and
Restructurings.--
``(1) Corporation to receive copy of transaction
applications.--On receiving an application for a merger or
restructuring of an institution, the Farm Credit
Administration shall forward a copy of the application to the
Corporation.
``(2) Consultation required.--If the proposed merger or
restructuring involves an institution that fails to meet the
minimum level for any capital requirement established by the
Farm Credit Administration applicable to the institution, the
Farm Credit Administration shall allow 30 days within which
the Corporation may submit the views and recommendations of
the Corporation, including any conditions for approval. In
determining whether to approve or disapprove any proposed
merger or restructuring, the Farm Credit Administration shall
give due consideration to the views and recommendations of
the Corporation.
``SEC. 5.61B. AUTHORITY TO REGULATE GOLDEN PARACHUTE AND
INDEMNIFICATION PAYMENTS.
``(a) Definitions.--In this section:
``(1) Golden parachute payment.--The term `golden parachute
payment'--
``(A) means a payment (or any agreement to make a payment)
in the nature of compensation for the benefit of any
institution-related party under an obligation of any Farm
Credit System institution that--
``(i) is contingent on the termination of the party's
relationship with the institution; and
``(ii) is received on or after the date on which--
``(I) the institution is insolvent;
``(II) a conservator or receiver is appointed for the
institution;
``(III) the institution has been assigned by the Farm
Credit Administration a composite CAMEL rating of 4 or 5
under the Farm Credit Administration Rating System, or an
equivalent rating; or
``(IV) the Corporation otherwise determines that the
institution is in a troubled condition (as defined in
regulations issued by the Corporation); and
``(B) includes a payment that would be a golden parachute
payment but for the fact that the payment was made before the
date referred to in subparagraph (A)(ii) if the payment was
made in contemplation of the occurrence of an event described
in any subclause of subparagraph (A); but
``(C) does not include--
``(i) a payment made under a retirement plan that is
qualified (or is intended to be qualified) under section 401
of the Internal Revenue Code of 1986 or other
nondiscriminatory benefit plan;
``(ii) a payment made under a bona fide supplemental
executive retirement plan, deferred compensation plan, or
other arrangement that the Corporation determines, by
regulation or order, to be permissible; or
``(iii) a payment made by reason of the death or disability
of an institution-related party.
``(2) Indemnification payment.--The term `indemnification
payment' means a payment (or any agreement to make a payment)
by any Farm Credit System institution for the benefit of any
person who is or was an institution-related party, to pay or
reimburse the person for any liability or legal expense with
regard to any administrative proceeding or civil action
instituted by the Farm Credit Administration that results in
a final order under which the person--
``(A) is assessed a civil money penalty; or
``(B) is removed or prohibited from participating in the
conduct of the affairs of the institution.
``(3) Institution-related party.--The term `institution-
related party' means--
``(A) a director, officer, employee, or agent for a Farm
Credit System institution or any conservator or receiver of
such an institution;
``(B) a stockholder (other than another Farm Credit System
institution), consultant, joint venture partner, or any other
person determined by the Farm Credit Administration to be a
participant in the conduct of the affairs of a Farm Credit
System institution; and
``(C) an independent contractor (including any attorney,
appraiser, or accountant) that knowingly or recklessly
participates in any violation of any law or regulation, any
breach of fiduciary duty, or any unsafe or unsound practice
that caused or is likely to cause more than a minimal
financial loss to, or a significant adverse effect on, the
Farm Credit System institution.
``(4) Liability or legal expense.--The term `liability or
legal expense' means--
``(A) a legal or other professional expense incurred in
connection with any claim, proceeding, or action;
``(B) the amount of, and any cost incurred in connection
with, any settlement of any claim, proceeding, or action; and
``(C) the amount of, and any cost incurred in connection
with, any judgment or penalty imposed with respect to any
claim, proceeding, or action.
``(5) Payment.--The term `payment' means--
``(A) a direct or indirect transfer of any funds or any
asset; and
``(B) any segregation of any funds or assets for the
purpose of making, or under an agreement to make, any payment
after the date on which the funds or assets are segregated,
without regard to whether the obligation to make the payment
is contingent on--
``(i) the determination, after that date, of the liability
for the payment of the amount; or
``(ii) the liquidation, after that date, of the amount of
the payment.
``(b) Prohibition.--The Corporation may prohibit or limit,
by regulation or order, any golden parachute payment or
indemnification payment by a Farm Credit System institution
(including any conservator or receiver of the Federal
Agricultural Mortgage Corporation) in troubled condition (as
defined in regulations issued by the Corporation).
``(c) Factors To Be Taken into Account.--The Corporation
shall prescribe, by regulation, the factors to be considered
by the Corporation in taking any action under subsection (b).
The factors may include--
``(1) whether there is a reasonable basis to believe that
an institution-related party has committed any fraudulent act
or omission, breach of trust or fiduciary duty, or insider
abuse with regard to the Farm Credit System institution
involved that has had a material effect on the financial
condition of the institution;
``(2) whether there is a reasonable basis to believe that
the institution-related party is substantially responsible
for the insolvency of the Farm Credit System institution, the
appointment of a conservator or receiver for the institution,
or the institution's troubled condition (as defined in
regulations prescribed by the Corporation);
``(3) whether there is a reasonable basis to believe that
the institution-related party has materially violated any
applicable law or regulation that has had a material effect
on the financial condition of the institution;
``(4) whether there is a reasonable basis to believe that
the institution-related party has violated or conspired to
violate--
``(A) section 215, 657, 1006, 1014, or 1344 of title 18,
United States Code; or
``(B) section 1341 or 1343 of title 18, United States Code,
affecting a Farm Credit System institution;
``(5) whether the institution-related party was in a
position of managerial or fiduciary responsibility; and
``(6) the length of time that the party was related to the
Farm Credit System institution and the degree to which--
``(A) the payment reasonably reflects compensation earned
over the period of employment; and
``(B) the compensation represents a reasonable payment for
services rendered.
``(d) Certain Payments Prohibited.--No Farm Credit System
institution may prepay the salary or any liability or legal
expense of any institution-related party if the payment is
made--
``(1) in contemplation of the insolvency of the institution
or after the commission of an act of insolvency; and
``(2) with a view to, or with the result of--
``(A) preventing the proper application of the assets of
the institution to creditors; or
``(B) preferring 1 creditor over another creditor.
``(e) Rule of Construction.--Nothing in this section--
``(1) prohibits any Farm Credit System institution from
purchasing any commercial insurance policy or fidelity bond,
so long as the insurance policy or bond does not cover any
legal or liability expense of an institution described in
subsection (a)(2); or
``(2) limits the powers, functions, or responsibilities of
the Farm Credit Administration.''.
SEC. 219. FARM CREDIT SYSTEM INSURANCE CORPORATION BOARD OF
DIRECTORS.
(a) In General.--Section 5.53 of the Farm Credit Act of
1971 (12 U.S.C. 2277a-2) is amended to read as follows:
``SEC. 5.53. BOARD OF DIRECTORS.
``(a) Establishment.--The Corporation shall be managed by a
Board of Directors that shall consist of the members of the
Farm Credit Administration Board.
``(b) Chairman.--The Board of Directors shall be chaired by
any Board member other than the Chairman of the Farm Credit
Administration Board.''.
(b) Conforming Amendments.--
(1) Section 5314 of title 5, United States Code, is amended
by striking ``Chairperson, Board of Directors of the Farm
Credit System Insurance Corporation.''.
(2) Section 5315 of title 5, United States Code, is amended
by striking ``Members, Board of Directors of the Farm Credit
System Insurance Corporation.''.
[[Page 23]]
SEC. 220. INTEREST RATE REDUCTION PROGRAM.
Section 351(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1999) is amended--
(A) by striking ``Sec. 351. (a) The'' and inserting the
following:
``SEC. 351. INTEREST RATE REDUCTION PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Termination of authority.--The authority provided by
this subsection shall terminate on September 30, 2002.''.
SEC. 221. LIABILITY FOR MAKING CRIMINAL REFERRALS.
(a) In General.--Any institution of the Farm Credit System,
or any director, officer, employee, or agent of a Farm Credit
System institution, that discloses to a Government authority
information proffered in good faith that may be relevant to a
possible violation of any law or regulation shall not be
liable to any person under any law of the United States or
any State--
(1) for the disclosure; or
(2) for any failure to notify the person involved in the
possible violation.
(b) No Prohibition on Disclosure.--Any institution of the
Farm Credit System, or any director, officer, employee, or
agent of a Farm Credit System institution, may disclose
information to a Government authority that may be relevant to
a possible violation of any law or regulation.
TITLE III--IMPLEMENTATION AND EFFECTIVE DATE
SEC. 301. IMPLEMENTATION.
The Secretary of Agriculture and the Farm Credit
Administration shall promulgate regulations and take other
required actions to implement the provisions of this Act not
later than 90 days after the effective date of this Act.
SEC. 302. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall become effective on the
date of enactment.
On motion of Mr. EMERSON, said Senate amendment to the title of the
bill was agreed to.
A motion to reconsider the votes whereby said Senate amendment to the
text was agreed to with an amendment and the amendment to the title was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.1.23 authority for speaker to declare recesses
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-445) the resolution (H. Res. 330) authorizing the Speaker to declare
recesses subject to the call of the Chair from January 5, 1996, through
January 23, 1996, waiving a requirement of clause 4(b) of rule XI with
respect to the consideration of certain resolutions reported from the
Committee on Rules during that period.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.1.24 further continuing appropriations for the district of
columbia
On motion of Mr. WALSH, by unanimous consent,
Ordered, That the joint resolution (H.J. Res. 153) making further
continuing appropriations for the fiscal year ending September 30, 1996,
and for other purposes, was passed, and the motion to reconsider was
laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.1.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FAZIO, for today and balance of the week;
To Mrs. MEEK, for today;
To Mr. MFUME, for today and January 4;
To Mr. BUYER, for today until 3 p.m.;
To Mr. LIGHTFOOT, for today;
To Mr. STOCKMAN, for today and balance of the week; and
To Mr. HOKE, for today.
And then,
para.1.26 adjournment
On motion of Mr. HAYWORTH, at 10 o'clock and 51 minutes p.m., the
House adjourned.
para.1.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Ms. PRYCE: Committee on Rules, House Resolution 330.
Resolution authorizing the Speaker to declare recesses
subject to the call of the Chair from January 5, 1996,
through January 23, 1996; waiving a requirement of clause
4(b) of rule XI with respect to consideration of certain
resolutions reported from the Committee on Rules during that
period (Rept. No. 104-445). Referred to the House Calendar.
para.1.28 time limitation of referred bill
Pursuant to clause 5 of rule X, the following action was taken by the
Speaker:
H.R. 1618. Referral to the Committee on Commerce extended
for a period ending not later than January 4, 1996.
para.1.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BARRETT of Wisconsin:
H.R. 2841. A bill to prohibit use of official funds for
travel outside the United States by Members of Congress
during any period of lapsed appropriations as a result of a
failure to enact a regular appropriations bill or continuing
resolution; to the Committee on House Oversight.
By Mr. OBEY:
H.J. Res. 138. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 139. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 140. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 141. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 142. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 143. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 144. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 145. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 146. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 147. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 148. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 149. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 150. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 151. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
H.J. Res. 152. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
By Mr. WALSH:
H.J. Res. 153. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; considered and passed
By Ms. NORTON:
H.J. Res. 154. Joint resolution making further continuing
appropriations for the District of Columbia for fiscal year
1996, and for other purposes; to the Committee on
Appropriations.
By Ms. JACKSON-LEE:
H.J. Res. 155. Joint resolution making further continuing
appropriations for fiscal year 1996, and for other purposes;
to the Committee on Appropriations.
By Mr. ARMEY:
H. Res. 325. Resolution providing for a committee to notify
the President of the assembly of the Congress; considered and
agreed to.
H. Res. 326. Resolution to inform the Senate that a quorum
of the House has assembled; considered and agreed to.
H. Res. 327. Resolution providing for the hour of meeting
of the House; considered and agreed to.
By Mr. GEPHARDT:
H. Res. 328. Resolution relating to the privileges of the
House; to the Committee on Rules.
By Mr. HOYER (for himself, Mr. Moran, and Mr. Wynn):
H. Res. 329. Resolution providing for the consideration of
the joint resolution (H.J. Res. 118) making further
continuing appropriations for the fiscal year 1996, and for
other purposes; to the Committee on Rules.
[[Page 24]]
para.1.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 263: Mrs. Lowey.
H.R. 491: Mr. Gejdenson.
H.R. 497: Mrs. Meyers of Kansas.
H.R. 972: Mr. Jones.
H.R. 1248: Ms. Lofgren.
H.R. 1448: Mr. Hutchinson.
H.R. 1464: Mr. Shadegg and Mr. Davis.
H.R. 1625: Mr. Hoekstra and Mr. Young of Alaska.
H.R. 1701: Mr. Johnson of South Dakota.
H.R. 1733: Mr. Coyne and Mrs. Kelly.
H.R. 1794: Mr. King.
H.R. 2078: Mr. Weller.
H.R. 2119: Mr. Underwood, Mr. Horn, Mr. Foley, Mr. Klug,
and Mr. Luther.
H.R. 2152: Mr. Canady.
H.R. 2193: Mr. Gunderson and Mr. Young of Alaska.
H.R. 2246: Mr. Klink.
H.R. 2310: Mr. Ensign, Mr. Gekas, Mr. Menendez, Mr.
Jefferson, Mr. Pete Geren of Texas, and Mr. Baesler.
H.R. 2333: Mr. Stark, Mr. Pastor, Mr. Myers of Indiana, Mr.
Houghton, Mr. Sam Johnson, Mr. McCrery, Ms. DeLauro, and Mr.
Duncan.
H.R. 2416: Mr. Kennedy of Massachusetts.
H.R. 2508: Ms. Woolsey and Mr. Manton.
H.R. 2543: Mr. Flake.
H.R. 2579: Mr. Bartlett of Maryland, Mr. Dornan, Mr. Young
of Alaska, and Mr. Tauzin.
H.R. 2585: Mr. Waxman.
H.R. 2597: Mr. Gilchrest, Mr. Hastings of Florida, Mr.
Norwood, Mr. Stearns, Mr. Holden, Mr. Clyburn, Mr. Olver, Mr.
Peterson of Florida, and Ms. Slaughter.
H.R. 2618: Ms. Woolsey.
H.R. 2647: Mr. Franks of New Jersey.
H.R. 2651: Mr. Stockman.
H.R. 2658: Mr. Ford, Mr. Baldacci, Mrs. Schroeder, Mr.
Meehan, Mr. McHale, Mr. Jackson, Ms. Kaptur, Mr. Payne of New
Jersey, Mr. Torres, Ms. Danner, Mr. Markey, Mr. Leach, Mr.
Dingell, and Mr. Ward.
H.R. 2664: Ms. Pryce and Mr. Johnson of South Dakota.
H.R. 2745: Mr. Serrano, Mr. Filner, Mr. Blute, and Mr.
Flake.
H.R. 2757: Mr. Largent, Mr. Stump, and Mr. Smith of Texas.
H.R. 2780: Mr. Gillmor.
H.R. 2785: Mr. Tejeda.
H.R. 2823: Mr. Ortiz, Mr. Frelinghuysen, and Mr. Largent.
H. Con. Res. 125: Mr. Torricelli.
.
THURSDAY, JANUARY 4, 1996 (2)
para.2.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. LaHOOD,
who laid before the House the following communication:
Washington, DC,
January 4, 1996.
I hereby designate the Honorable Ray LaHood to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.2.2 approval of the journal
The SPEAKER pro tempore, Mr. LaHOOD, announced he had examined and
approved the Journal of the proceedings of Wednesday, January 3, 1996.
Mr. HEFLEY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. HEFLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.2.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1907. A letter from the Architect of the Capitol,
transmitting the report of expenditures of appropriations
during the period April 1, 1995, through September 30, 1995,
pursuant to 40 U.S.C. 162b; to the Committee on
Appropriations.
1908. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the fiscal year 1993, operation and
maintenance, Air National Guard, and fiscal year 1993,
military personnel, Air National Guard, appropriations,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
1909. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting the Department's second semiannual report to
Congress, as required by section 403 of the Mexican Debt
Disclosure Act of 1995, and the December monthly report to
Congress, as required by section 404 of the same act,
pursuant to Public Law 104-6, sections 403(a), 404(a) (109
Stat. 89, 90); to the Committee on Banking and Financial
Services.
1910. A letter from the Secretary of Energy, transmitting
the Department's report entitled, ``Annual Report on the
State Energy Conservation Program for Calendar Year 1994,''
pursuant to 42 U.S.C. 6325; to the Committee on Commerce.
1911. A letter from the Director, Office of Administration,
Executive Office of the President, transmitting the White
House personnel report for the fiscal year 1995, pursuant to
3 U.S.C. 113; to the Committee on Government Reform and
Oversight.
1912. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-178,
``Prohibition on Abandoned Vehicles Amendment Act of 1995,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
1913. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-179,
``Woodrow Wilson Bridge and Tunnel Compact Authorization Act
of 1995,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
1914. A letter from the Acting Secretary of State,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
1915. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1916. A letter from the National Adjutant, the Disabled
American Veterans, transmitting the report of the proceedings
of the organization's 74th national convention, including
their annual audit report of receipts and expenditures as of
December 31, 1994, pursuant to 36 U.S.C. 90i and 44 U.S.C.
1332 (H. Doc. No. 104-159); to the Committee on Veterans'
Affairs and ordered to be printed.
1917. A letter from the Librarian of Congress, Archivist of
the United States, and the Public Printer, transmitting the
final report on establishing a national policy on permanent
papers, pursuant to Public Law 101-423, Section 3 (104 Stat.
913); jointly, to the Committees on Government Reform and
Oversight and House Oversight.
para.2.4 interior appropriations
Mr. REGULA moved to discharge the Committee on Appropriations from
further consideration of the veto message on the bill (H.R. 1977) making
appropriations for the Department of Interior and related agencies for
the fiscal year ending September 30, 1996, and for other purposes.
After debate,
para.2.5 words taken down
Mr. YOUNG of Alaska during debate addressed the House and, during the
course of his remarks,
Mr. OBEY demanded that certain words be taken down.
The Clerk read the words taken down as follows:
The gentleman keeps talking about the Tongass. It will be
90 percent in wilderness, and he knows it, and you told a
mistruth every time on this issue, and you know that it is a
mistruth. There is absolutely no truth, there is no truth. .
. .
By unanimous consent, the words were withdrawn.
Accordingly,
The SPEAKER pro tempore, Mr. LaHOOD, recognized Mr. YOUNG of Alaska to
proceed in order.
After further debate,
By unanimous consent, the previous question was ordered on said
motion.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
So said motion was agreed to.
A motion to reconsider the vote, whereby said motion was agreed to
was, by unanimous consent, laid on the table.
Accordingly,
para.2.6 unfinished business--veto of h.r. 1977
The SPEAKER pro tempore, Mr. LaHOOD, announced the unfinished business
to be the consideration of the veto of the bill (H.R. 1977) making
appropriations for the Department of Interior and related agencies for
the fiscal year ending September 30, 1996, and for other purposes.
The question being on the passage of the bill, the objections of the
President to the contrary notwithstanding.
After debate,
By unanimous consent, the previous question was ordered on the bill.
The question being put,
Will the House, upon reconsideration, agree to pass the bill, the
objections of
[[Page 25]]
the President to the contrary notwithstanding?
It was decided in the
Yeas
239
<3-line {>
negative
Nays
177
para.2.7 [Roll No. 5]
YEAS--239
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--177
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hayworth
Hefner
Hilliard
Hinchey
Holden
Hostettler
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Rahall
Rangel
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stokes
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--17
Brewster
Bryant (TX)
Chapman
DeFazio
Fazio
Fields (TX)
Hoke
Lightfoot
Mfume
Norwood
Quillen
Stark
Stockman
Studds
Visclosky
Wilson
Wyden
The SPEAKER pro tempore, Mr. LaHOOD, announced that 239 Members had
voted in the affirmative and 177 Members had voted in the negative.
So, two-thirds of the Members present having not voted in favor
thereof, the bill was not passed.
Ordered, That the Clerk notify the Senate thereof.
The veto message and accompanying bill were referred to the Committee
on Appropriations.
para.2.8 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.J. Res. 153. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.2.9 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. METCALF, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, January 3, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. METCALF, announced that the yeas had it.
So the Journal was approved.
para.2.10 recess--11:16 p.m.
The SPEAKER pro tempore, Mr. METCALF, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock and 16 minutes p.m., subject
to the call of the Chair.
para.2.11 after recess--11:40 p.m.
The SPEAKER pro tempore, Mr. METCALF, called the House to order.
para.2.12 providing for disposition of senate amendment to h.r. 1643
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-447) the resolution (H. Res. 334) providing for consideration of
a motion to dispose of the Senate amendment to the bill (H.R. 1643) to
authorize the extension of nondiscriminatory treatment (most-favored-
nation treatment) to the products of Bulgaria.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.2.13 enrolled bills and joint resolution signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1295. An Act to amend the Trademark Act of 1946 to
make certain revisions relating to the protection of famous
marks.
H.R. 2203. An Act to reauthorize the tied aid credit
program of the Export-Import Bank of the United States, and
to allow the Export-Import Bank to conduct a demonstration
project.
H.J. Res. 153. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.2.14 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following day present to the President, for his
approval, a bill of the House of the following title:
On January 3, 1996.
H.R. 2808. An Act to extend authorities under the Middle
East Peace Facilitation Act of 1994 until March 31, 1996, and
for other purposes.
para.2.15 leave of absence
By unanimous consent, leave of absence was granted to Mr. LIGHTFOOT,
for today and the balance of the week.
And then,
para.2.16 adjournment
On motion of Mr. DREIER, at 11 o'clock and 41 minutes p.m., the House
adjourned.
[[Page 26]]
para.2.17 reports of committees on public bills and resolutions
Under clause 2 of Rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DREIER: Committee on Rules. House Resolution 334.
Resolution providing for consideration of a motion to dispose
of the Senate amendment to the bill (H.R. 1643) to authorize
the extension of nondiscriminatory treatment (most-favored-
nation treatment) to the products of Bulgaria (Rept. No. 104-
447). Referred to the House Calendar.
para.2.18 time limitation of referred bill
Pursuant to clause 5 of Rule X, the following action was taken by the
Speaker:
H.R. 1816. Referral to the Committee on Commerce extended
for a period ending not later than January 12, 1996.
para.2.19 reported bill sequentially referred
Under clause 5 of Rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. ROBERTS. Committee on Agriculture. H.R. 2130. A bill to
amend the Farm Credit Act of 1971 to improve the efficiency
and operation of the Federal Agricultural Mortgage
Corporation in order better to ensure that farmers, ranchers
and rural home owners will have access to a stable and
competitive supply of mortgage credit now and in the future;
with an amendment; referred to the Committee on Banking and
Financial Services for a period ending not later than March
15, 1996, for consideration of such provisions of the bill
and amendment as fall within the jurisdiction of that
committee pursuant to clause 1(c), rule X (Rept. No. 104-446
Pt. 1). Ordered to be printed.
para.2.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LONGLEY:
H.R. 2842. A bill to provide for interest-free loans for
furloughed Federal employees; to the Committee on Government
Reform and Oversight.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Everett,
Mr. Evans, and Mr. Smith of New Jersey):
H.R. 2843. A bill to amend title 38, United States Code, to
change the name of the Servicemen's Group Life Insurance
Program to Servicemembers' Group Life Insurance, to authorize
the termination of life insurance under that program when
premiums are not paid, to provide for coverage under that
program to be provided automatically at the maximum level
unless the servicemember elects a lower level, and to make
other improvements to life insurance programs administered by
the Secretary of Veterans Affairs; to the Committee on
Veterans' Affairs.
By Mrs. MALONEY (for herself, Mr. King, and Mr.
Manton):
H.R. 2844. A bill to amend the Foreign Assistance Act of
1961 to authorize the President to issue loan guarantees for
economic development and job creation activities in the
Republic of Ireland and Northern Ireland; to the Committee on
International Relations.
By Mrs. COLLINS of Illinois:
H.R. 2845. A bill to amend the Solid Waste Disposal Act to
allow petitions to be submitted to prevent certain waste
facilities from being constructed in environmentally
disadvantaged communities; to the Committee on Commerce.
By Mr. COYNE:
H.R. 2846. A bill to amend the Internal Revenue Code of
1986 to allow a credit for the cleanup of certain
contaminated industrial sites and to allow the use of tax-
exempt redevelopment bonds for such cleanup; to the Committee
on Ways and Means.
H.R. 2847. A bill to amend the Internal Revenue Code of
1986 to permit the issuance of tax-exempt bonds for the
economic development of distressed communities; to the
Committee on Ways and Means.
By Mr. McHUGH:
H.R. 2848. A bill to provide for compensation for Federal
employees for emergency service performed during periods of
lapsed appropriations; to the Committee on Appropriations,
and in addition to the Committee on Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. McNULTY:
H.R. 2849. A bill to establish the Hudson and Mohawk Rivers
National Historical Park in the State of New York, and for
other purposes; to the Committee on Resources.
By Mr. STUMP (for himself and Mr. Montgomery) (both by
request):
H.R. 2850. A bill to amend title 38, United States Code, to
clarify the eligibility of certain minors for burial in
national cemeteries; to the Committee on Veterans' Affairs.
By Mr. PETERSON of Minnesota:
H.J. Res. 156. Joint resolution making further continuing
appropriations for railroad retirement benefits for fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. LIVINGSTON:
H. Res. 331. Resolution to return a certain bill to the
Senate; to the Committee on Appropriations.
By Mr. CARDIN (for himself, Mr. Cramer, Mr. Clement,
Mr. Dellums, Mr. Hefner, Ms. Kaptur, Ms. Pelosi, Ms.
Woolsey, and Mr. Wynn):
H. Res. 332. Resolution amending the Rules of the House of
Representatives to prohibit a House recess or adjournment
during any period of lapsed appropriations for the Federal
Government; to the Committee on Rules.
By Mr. CONDIT (for himself, Mr. Peterson of Minnesota,
Mr. Pete Geren of Texas, Mr. Baesler, Mr. Payne of
Virginia, Mr. Holden, Mr. Minge, Mr. Brewster, Mr.
Cramer, Ms. Danner, Mrs. Lincoln, Mr. Stenholm, Mr.
Sisisky, Mr. Poshard, Mr. Tanner, Mr. Hall of Texas,
Mr. Dooley, Mr. Roemer, Mr. Taylor of Mississippi,
Mr. Browder, Mr. Orton, and Ms. Harman):
H. Res. 333. Resolution providing for the consideration of
H.R. 2530, a bill to provide for deficit reduction and
achieve a balanced budget by fiscal year 2002; to the
Committee on Rules.
para.2.21 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 528: Mr. Doyle, Mr. Richardson, Mr. Rose, Mr.
Thompson, Mr. Leach, Mr. Martini, and Mr. Durbin.
H.R. 938: Mr. Parker and Mr. Taylor of Mississippi.
H.R. 1078: Mrs. Lowey and Mr. Olver.
H.R. 1127: Mr. Zimmer and Mr. Barton of Texas.
H.R. 1161: Mrs. Lowey.
H.R. 1202: Mr. Frazer, Ms. Norton, Mr. Vento, Mr. thompson,
Mrs. Kennelly, Mr. Faleomavaega, and Mr. Gilchrest.
H.R. 1500: Mrs. Kennelly, Mrs. Maloney, Mr. Menendez, and
Mr. Bryant of Texas.
H.R. 1527: Mrs. Vucanovich.
H.R. 1560: Mr. Hilliard and Ms. Slaughter.
H.R. 1610: Mr. Cramer.
H.R. 1684: Mr. Yates, Mr. Skaggs, Mr. Skelton, Mr. Bevill,
and Mr. Sawyer.
H.R. 1876: Ms. Eshoo, Mr. Torkildsen, and Mrs. Lowey.
H.R. 2202: Mrs. Fowler.
H.R. 2223: Mr. Hinchey, Ms. Pryce, Mr. Manton, Mr. Fawell,
Mr. Sisisky, Ms. Lofgren, Mr. Franks of New Jersey, Mr.
Clyburn, Mr. Klink, and Mr. Bonior.
H.R. 2240: Mr. Lantos.
H.R. 2276: Mr. Canady.
H.R. 2433: Mr. Johnston of Florida, Mr. Talent, Mr. Duncan,
and Mr. Shays.
H.R. 2579: Mr. Bishop, Mr. English of Pennsylvania, and Mr.
Fazio of California.
H.R. 2610: Mr. Coble.
H.R. 2651: Mr. Quinn.
H.R. 2658: Mr. Cramer, Mr. Fox, Mr. Foglietta, Mrs.
Clayton, Mr. Taylor of Mississippi, Ms. Pelosi, Mr. Ortiz,
Ms. Eshoo, Mr. Kennedy of Rhode Island, Mr. Rush, Mr. Doyle,
Mr. Hyde, Mr. Frazer, Mr. Moran, Mr. Oberstar, Mr. Waxman,
Mr. Barrett of Wisconsin, Mr. Kildee, Mr. Upton, Ms. Rivers,
and Miss Collins of Michigan.
H.R. 2664: Mr. Rose.
H.R. 2671: Mr. Baesler, Ms. Danner, Mr. Hall of Texas, Mr.
Goss, and Mr. Poshard.
H.R. 2677: Mr. Bateman and Mr. Deutsch.
H.R. 2685: Mr. Dickey.
H.R. 2690: Mr. Johnston of Florida.
H.R. 2707: Mr. Thompson.
H.R. 2727: Mr. Talent and Mr. Chabot.
H.R. 2828: Mr. Metcalf, Mr. Goss, Mr. Roth, Mr. Wolf, Mr.
Mica, Mrs. Morella, and Mrs. Fowler.
H.R. 2837: Mr. Richardson, Mr. Ackerman, Mr. Leach, Mrs.
Meek of Florida, Mr. Horn, and Mr. Hastings of Florida.
H.R. 2841: Mr. Kleczka, Mr. Poshard, Mr. Saxton, Ms.
McCarthy, Mr. Frank of Massachusetts, Mr. Cramer, and Mr.
Shays.
H.J. Res. 155: Mr. Gene Green of Texas, Mr. Wynn, Mrs. Mink
of Hawaii, Mrs. Clayton, Ms. Slaughter, Mr. Fields of
Louisiana, Mr. Payne of New Jersey, Ms. Brown of Florida, Mr.
Hastings of Florida, Mr. Kennedy of Massachusetts, Mr. Lewis
of Georgia, Mr. Kennedy of Rhode Island, Mr. Bishop, Ms.
Roybal-Allard, Mr. Clyburn, Mr. Thompson, Mr. Foglietta, Mr.
Hilliard, Mr. Becerra, Ms. DeLauro, Mr. Moran, Mrs.
Schroeder, Mr. Volkmer, Mr. Barrett of Wisconsin, Mr.
Pomeroy, Mr. Pallone, Mr. Menendez, Mr. Edwards, Mr. Wise,
Mr. Schumer, Mr. Gonzalez, Mr. McNulty, Mr. Skelton, Mr.
Taylor of Mississippi, Mr. Nadler, Mrs. Thurman, Mr. Scott,
Ms. Eddie Bernice Johnson of Texas, Mr. Hefner, Ms. Rivers,
Mr. Ward, Mr. Jefferson, Mr. Clement, Ms. Norton, Ms.
Woolsey, Mr. Underwood, Mr. Conyers, Mr. Abercrombie, Mr.
Bentsen, Mr. Neal of Massachusetts, Ms. Pelosi, and Mr. Farr.
H. Con. Res. 47: Mr. Frelinghuysen.
H. Con. Res. 124: Mr. Hoke.
H. Res. 30: Mr. McDermott and Mr. Johnson of South Dakota.
para.2.22 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 393: Mr. Zimmer.
[[Page 27]]
.
FRIDAY, JANUARY 5, 1996 (3)
para.3.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
BUNNNING, who laid before the House the following communication:
Washington, DC,
January 5, 1996.
I hereby designate the Honorable Jim Bunning to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.3.2 approval of the journal
The SPEAKER pro tempore, Mr. BUNNING, announced he had examined and
approved the Journal of the proceedings of Thursday, December 4, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.3.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1918. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning
cooperation with France, Germany, and Italy in the project
definitions and validation phase of development of MEADS, a
mobile surface-to-air missile system, pursuant to 22 U.S.C.
2767(f); to the Committee on International Relations.
1919. A letter from the Executive Director, Japan-United
States Friendship Commission, transmitting the Commission's
annual report for fiscal year 1995, pursuant to 22 U.S.C.
2904(b); to the Committee on International Relations.
1920. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 2000 resulting from passage of H.R. 1878
and H.R. 2539, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on Government
Reform and Oversight.
1921. A letter from the Secretary, American Battle
Monuments Commission, transmitting the annual report under
the Federal Managers' Financial Integrity Act for 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1922. A letter from the Archivist of the United States,
National Archives, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1923. A letter from the Chairman, Nuclear Waste Technical
Review Board, transmitting the semiannual report on
activities of the inspector general for the period April 1,
1995, through September 30, 1995, pursuant to 5 U.S.C. app.
(Insp. Gen. Act) section 5(b); to the Committee on Government
Reform and Oversight.
1924. A letter from the Chairman, Nuclear Waste Technical
Review Board, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1925. A letter from the Director, Office of Personnel
Management, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1926. A letter from the Chairman, Railroad Retirement
Board, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1927. A letter from the Chairman, Securities and Exchange
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1928. A letter from the Assistant Attorney General,
Department of Justice, transmitting a copy of the Bureau of
Justice Assistance report entitled ``Fiscal Year 1994 Annual
Report to Congress,'' pursuant to 42 U.S.C. 3711 et seq.; to
the Committee on the Judiciary.
1929. A letter from the Clerk, U.S. Court of Federal
Claims, transmitting the court's report for the year ended
September 30, 1995, pursuant to 28 U.S.C. 791(c); to the
Committee on the Judiciary.
1930. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-7: Presidential
Certification to Suspend Sanctions Imposed on the Federal
Republic of Yugoslavia (Serbia and Montenegro); jointly, to
the Committees on National Security, International Relations,
Banking and Financial Services, and Transportation and
Infrastructure.
para.3.4 recess--10:02 a.m.
The SPEAKER pro tempore, Mr. BUNNING, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 2 minutes a.m., subject
to the call of the Chair.
para.3.5 after recess--11:00 a.m.
The SPEAKER pro tempore, Mr. BUNNING, called the House to order.
para.3.6 committee hearings, 1st session, 104th congress
On motion of Mr. DREIER, by unanimous consent,
Ordered, That the resolution (H. Res. 310) expediting the commencement
of committee hearings during the remainder of the First Session of the
One Hundred Fourth Congress, be laid on the table.
para.3.7 providing for dispositon of the senate amendment to h.r. 1643
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 334):
Resolved, That upon adoption of this resolution it shall be
in order to take from the Speaker's table the bill (H.R.
1643) to authorize the extension of nondiscriminatory
treatment (most-favored-nation treatment) to the products of
Bulgaria, with the Senate amendment thereto, and to consider
in the House the motion printed in the report of the
Committee on Rules accompanying this resolution. The Senate
amendment and the motion shall be considered as read. All
points of order against the motion are waived. The motion
shall be debatable for one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Appropriations. The previous question shall be
considered as ordered on the motion to final adoption without
intervening motion or demand for division of the question.
When said resolution was considered.
After debate,
Mr. DREIER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. BUNNING, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
187
para.3.8 [Roll No. 6]
YEAS--228
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
[[Page 28]]
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--187
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--18
Bryant (TX)
Chapman
Fazio
Fields (TX)
Flake
Greenwood
Hayes
Lightfoot
Myers
Norwood
Quillen
Rose
Stark
Stockman
Studds
Torricelli
Wilson
Wyden
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BUNNING, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.3.9 targeted continuing appropriations
Mr. LIVINGSTON, pursuant to House Resolution 334, called up from the
Speaker's table the bill (H.R. 1643) to authorize the extension of
nondiscriminatory treatment (most-favored-nation) to the products of
Bulgaria, with the following Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. TEMPORARY EXTENSION OF THE CONTINUING RESOLUTION.
(a) In General.--Section 106(c) of Public Law 104-56 is
amended by striking ``December 15, 1995'' and inserting
``January 12, 1996''.
(b) Effective Period.--The amendment made by subsection (a)
shall be considered to have taken effect on December 16,
1995.
SEC. 2. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION.
Beginning on January 2, 1996, any Federal employee who is
excepted from furlough and is not being paid due to a lapse
in appropriations shall be eligible for unemployment
compensation benefits with no waiting period for such
eligibility to accrue. With respect to any person who is
eligible for such benefits by reason of the preceding
sentence, any such benefits received shall be subject to
repayment in the same manner and to the same extent when
eligibility by reason of the preceding sentence ceases as if
such cessation were an end to the period of unemployment.
Mr. LIVINGSTON, pursuant to House Resolution 334, moved that the House
concur in the amendment of the Senate with the following amendment:
(1) In lieu of the matter proposed by said amendment,
insert:
TITLE I
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
the following projects or activities including the costs of
direct loans and loan guarantees (not otherwise specifically
provided for in this Act) which were conducted in the fiscal
year 1995:
All nutrition services for the elderly under the account
heading ``Aging services programs'' under the Administration
on Aging in the Department of Health and Human Services;
All grants to States for child welfare services, authorized
by title IV, part B, subpart 1, of the Social Security Act,
under the account heading ``Children and families services
programs'' under the Administration for Children and Families
in the Department of Health and Human Services;
All Federal Parent Locator Service activities, as
authorized by section 453 of the Social Security Act, under
the account heading ``Children and families services
programs'' under the Administration for Children and Families
in the Department of Health and Human Services;
All State unemployment insurance administration activities
under the account heading ``State unemployment insurance and
employment service operations'' under the Employment and
Training Administration in the Department of Labor;
All general welfare assistance payments and foster care
payments, as authorized by law, funded under the account
heading ``Operation of Indian programs'' under the Bureau of
Indian Affairs in the Department of the Interior;
All projects and activities funded under the account
heading ``Family support payments to States'' under the
Administration For Children and Families in the Department of
Health and Human Services;
All projects and activities funded under the account
heading ``Payments to States for foster care and adoption
assistance'' under the Administration For Children and
Families in the Department of Health and Human Services;
All administrative activities necessary to carry out the
projects and activities in the preceding two paragraphs;
All projects and activities funded under the account
headings ``Dual benefits payments account'', ``Limitation on
administration'' and ``Limitation on railroad unemployment
insurance administration fund'' under the Railroad Retirement
Board;
All projects and activities necessary to accommodate
visitors and to provide for visitor services in the National
Park System, the National Wildlife Refuges, the National
Forests, the facilities operated by the Smithsonian
Institution, the National Gallery of Art, the John F. Kennedy
Center for the Performing Arts, and the United States
Holocaust Memorial; and
All projects and activities necessary to process VISAS and
passports and to provide for American citizen services,
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956: Provided, That whenever the amount
which would be made available or the authority which would be
granted under an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
is greater than that which would be available or granted
under current operations, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act which
included funding for fiscal year 1996 for the projects and
activities listed in this section as passed by the House as
of the date of enactment of this Act, is different from that
which would be available or granted under such Act as passed
by the Senate as of the date of enactment of this Act, the
pertinent project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lower, under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
(c) Whenever an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
has been passed by only the House or only the Senate as of
the date of enactment of this Act, the pertinent project or
activity shall be continued under the appropriation, fund, or
authority granted by the one House at a rate for operations
not exceeding the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 103. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 104. No provision which is included in the
appropriations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
year
[[Page 29]]
1995 and which by its terms is applicable to more than one
appropriation, fund, or authority shall be applicable to any
appropriation, fund, or authority provided in this Act.
Sec. 105. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this Act.
Sec. 106. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) September 30, 1996, except for the projects
and activities under the headings ``Family support payments
to States'' and ``Payments to States for foster care and
adoption assistance'', for which date shall be March 15,
1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 101 of this Act that
makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set
forth in section 106(c) of this Act.
Sec. 109. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 110. For the purposes of this title of this Act, the
time covered by this title of this Act shall be considered to
have begun on December 16, 1995.
Sec. 111. Notwithstanding any other provision of this Act,
except section 106, funds appropriated under section 101 for
the payment of vested dual benefits under the Railroad
Retirement Act shall be made available so as to fully fund
the payments made on January 1, 1996, and the payments to be
made within the period covered by this Act including those
payments to be made on the first day of each month within the
period covered by this Act. In addition to the funds
appropriated under section 101 of this Act, $12,800,000 is
appropriated to restore full funding for payments made for
the period prior to January 1, 1996.
Sec. 112. Notwithstanding any other provision of this Act,
except section 106, the authorities provided under subsection
(a) of section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) shall
remain in effect during the period of this Act,
notwithstanding paragraph (3) of said subsection.
TITLE II
Veterans Affairs
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 201. Ensured Payment During Fiscal Year 1996 of
Veterans' Benefits in Event of Lack of Appropriations.--
(a) Payments required.--In any case during fiscal year 1996
in which appropriations are not otherwise available for
programs, projects, and activities of the Department of
Veterans Affairs, the Secretary of Veterans Affairs shall
nevertheless ensure that--
(1) payments of existing veterans benefits are made in
accordance with regular procedures and schedules and in
accordance with eligibility requirements for such benefits;
and
(2) payments to contractors of the Veterans Health
Administration of the Department of Veterans Affairs are made
when due in the case of services provided that directly
relate to patient health and safety.
(b) Funding.--There is hereby appropriated such sums as may
be necessary for the payments pursuant to subsection (a),
including such amounts as may be necessary for the costs of
administration of such payments.
(c) Charging of Accounts When Appropriations Made.--In any
case in which the Secretary uses the authority of subsection
(a) to make payments, applicable accounts shall be charged
for amounts so paid, and for the costs of administration of
such payments, when regular appropriations become available
for those purposes.
(d) Existing Benefits Specified.--For purposes of this
section, existing veterans benefits are benefits under laws
administered by the Secretary of Veterans Affairs that have
been adjudicated and authorized for payments as of--
(1) December 15, 1995; or
(2) if appropriations for such benefits are available
(other than pursuant to subsection (b)) after December 15,
1995, the last day on which appropriations for payment of
such benefits are available (other than pursuant to
subsection (b)).
Sec. 202. Section 201 shall cease to be effective on
September 30, 1996.
Sec. 203. For the purposes of this title of this Act, the
time covered by this title of this Act shall be considered to
have begun on January 4, 1996.
TITLE III
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 301. Such amounts as may be necessary under the
authority and conditions provided in applicable
appropriations Acts for the fiscal year 1995 for paying
salaries of Federal employees excepted from the provisions of
the Antideficiency Act (31 U.S.C. 1341 et seq) who are
continuing projects and activities conducted in fiscal year
1995 who work during periods when there is otherwise no
funding authority for their salaries.
Sec. 302. Appropriations made by section 301 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 303. No appropriation or funds made available or
authority granted pursuant to section 301 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 304. No provision which is included in the
appropriations Act enumerated in section 301 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this Act.
Sec. 305. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this Act.
Sec. 306. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of the Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) January 26, 1996, whichever first occurs.
Sec. 307. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 308. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 301 of this Act that
makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set
forth in section 306(c) of this Act.
Sec. 309. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 310. All Federal Employees Deemed To Be Excepted
Employees.--
(a) In General.--Section 1342 of title 31, United States
Code, is amended for the period December 15, 1995 through
January 26, 1996--
(1) by inserting after the first sentence ``All officers
and employees of the United States Government or the District
of Columbia government shall be deemed to be performing
services relating to emergencies involving the safety of
human life or the protection of property.''; and
(2) by striking out the last sentence.
Sec. 311. Excepted Employees Under Normal Leave Policy.--
Federal employees considered excepted from furlough during
any period in which there is a lapse in appropriations with
respect to the agency activity in which the employee is
engaged shall not be considered to be furloughed when on
leave and shall be subject to the same leave regulations as
if no lapse in appropriations had occurred.
Sec. 312. Eligibility for Unemployment Compensation.--
Notwithstanding any other provisions of law, beginning on
January 2, 1996, any federal employee who is excepted from
furlough and is not being paid due to a lapse in
appropriations shall be deemed to be totally separated from
Federal service and eligible for unemployment compensation
benefits under subchapter I of chapter 85 of title 5 of the
United States Code with no waiting period for such
eligibility to accrue.
Sec. 313. For the purposes of this title, Federal employees
returning to work under the provisions of section 310 shall
be deemed to have returned to work at the first regularly
scheduled opportunity after December 15, 1995.
Sec. 314. Appropriations made pursuant to section 301 are
made notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, section 701 of the United States
Information and Educational Exchange Act of 1948, section 313
of the Foreign Relations
[[Page 30]]
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), section 53 of the Arms Control and Disarmament Act,
and section 10 of Public Law 91-672.
TITLE IV
That the following sums are hereby appropriated, out of the
general fund and enterprise funds of the District of Columbia
for the District of Columbia for the fiscal year 1996, and
for other purposes, namely:
Sec. 401. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
projects or activities including the costs of direct loans
and loan guarantees (not otherwise specifically provided for
in this title of this Act) which were conducted in the fiscal
year 1995 and for which appropriations, funds, or other
authority would be available in the following appropriations
Act:
The District of Columbia Appropriations Act, 1996:
Provided, That whenever the amount which would be made
available or the authority which would be granted in this Act
is greater than that which would be available or granted
under current operations, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act listed in
this section as passed by the House as of the date of
enactment of this Act, is different from that which would be
available or granted under such Act as passed by the Senate
as of the date of enactment of this Act, the pertinent
project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lower, under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995:
Provided, That where an item is not included in either
version or where an item is included in only one version of
the Act as passed by both Houses as of the date of enactment
of this Act, the pertinent project or activity shall not be
continued except as provided for in section 411 or 412 under
the appropriation, fund, or authority granted by the
applicable appropriations Act for the fiscal year 1995 and
under the authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 402. Appropriations made by section 401 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 403. No appropriation or funds made available or
authority granted pursuant to section 401 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 404. No provision which is included in the
appropriations Act enumerated in section 401 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this title
of this Act.
Sec. 405. Appropriations made and authority granted
pursuant to this title of this Act shall cover all
obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this title of this Act.
Sec. 406. Unless otherwise provide for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) September 30, 1996, whichever first occurs.
Sec. 407. Notwithstanding any other provision of this title
of this Act, except section 406, none of the funds
appropriated under this title of this Act shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 408. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 409. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 401 of this title of
this Act that makes the availability of any appropriation
provided therein dependent upon the enactment of additional
authorizing or other legislation shall be effective before
the date set forth in section 406(c) of this Act.
Sec. 410. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 411. Notwithstanding any other provision of this title
of this Act, except section 406, whenever the Act listed in
section 401 as passed by both the House and Senate as of the
date of enactment of this Act does not include funding for an
ongoing project or activity for which there is a budget
request, or whenever the rate for operations for an ongoing
project or activity provided by section 401 for which there
is a budget request would result in the project or activity
being significantly reduced, the pertinent project or
activity may be continued under the authority and conditions
provided in the applicable appropriations Act for the fiscal
year 1995 by increasing the rate for operations provided by
section 401 to a rate for operations not to exceed one that
provides the minimal level that would enable existing
activities to continue. No new contracts or grants shall be
awarded in excess of an amount that bears the same ratio to
the rate for operations provided by this section as the
number of days covered by this Act bears to 366. For the
purposes of this title of this Act the minimal level means a
rate for operations that is reduced from the current rate by
25 percent.
Sec. 412. Notwithstanding any other provision of this title
of this Act, except section 406, whenever the rate for
operations for any continuing project or activity provided by
section 401 or section 411 for which there is a budget
request would result in a furlough of Government employees,
that rate for operations may be increased to the minimum
level that would enable the furlough to be avoided. No new
contracts or grants shall be awarded in excess of an amount
that bears the same ratio to the rate for operations provided
by this section as the number of days covered by this Act
bears to 366.
Sec. 413. Notwithstanding any other provision of this title
of this Act, except sections 406, 411, and 412, for those
programs that had high initial rates of operation or complete
distribution of funding at the beginning of the fiscal year
in fiscal year 1995 because of distributions of funding to
States, foreign countries, grantees, or others, similar
distributions of funds for fiscal year 1996 shall not be made
and no grants shall be awarded for such programs funded by
this title of this Act that would impinge on final funding
prerogatives.
Sec. 414. This title of this Act shall be implemented so
that only the most limited funding action of that permitted
in this title of this Act shall be taken in order to provide
for continuation of projects and activities.
Sec. 415. The provisions of section 132 of the District of
Columbia Appropriations Act, 1988, Public Law 100-202, shall
not apply for this title of this Act.
Sec. 416. Notwithstanding any other provision of this title
of this Act, except section 406, none of the funds
appropriated under this title of this Act shall be used to
implement or enforce any system or registration of unmarried,
cohabiting couples whether they are homosexual, lesbian,
heterosexual, including but not limited to registration for
the purpose of extending employment, health, or governmental
benefits to such couples on the same basis that such benefits
are extended to legally married couples; nor shall any funds
made available pursuant to any provision of this title of
this Act otherwise be used to implement or enforce D.C. Act
9-188, signed by the Mayor of the District of Columbia on
April 15, 1992.
TITLE V
Clarification of Certain Reimbursements
Sec. 501. Clarification of Reimbursement to States for
Federally Funded Employees.--
(a) If a State used State funds to continue carrying out a
Federal program or furloughed State employees whose
compensation is advanced or reimbursed in whole or in part by
the Federal Government--
(1) such furloughed employees shall be compensated at their
standard rate of compensation for such period;
(2) the State shall be reimbursed for expenses that would
have been paid by the Federal Government during such period
had appropriations been available, including the cost of
compensating such furloughed employees, together with
interest thereon due under section 6503(d) of title 31,
United States Code; and
(3) the State may use funds available to the State under
such Federal program to reimburse such State, together with
interest thereon due under section 6503(d) of title 31,
United States Code.
(b) For purposes of this subsection, the term ``State''
shall have the meaning as such term is defined under the
applicable Federal program under subsection (a).
(c) The authority under this section applies with respect
to any period in fiscal year 1996 (not limited to periods
beginning or ending after the date of the enactment of this
Act) during which there occurs a lapse in appropriations with
respect to any department or agency of the Federal Government
which, but for such lapse in appropriations, would have paid,
or made reimbursement relating to, any of the expenses
referred to in subsection (a) with respect to the program
involved. Payments and reimbursements under this authority
shall be made only to the extent and in amounts provided in
advance in appropriations Acts.
(2) Amend the title so as to read: ``Making appropriations
for certain activities for the fiscal year 1996, and for
other purposes.''
After debate,
Pursuant to House Resolution 334, the previous question was considered
as ordered on the motion to adoption or rejection.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HASTERT, announced that the yeas had it.
[[Page 31]]
Mr. OBEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
401
When there appeared
<3-line {>
Nays
17
para.3.10 [Roll No. 7]
YEAS--401
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--17
Barr
Barton
Chabot
Chenoweth
Dickey
Ganske
Gibbons
Graham
Hastings (FL)
Hoekstra
Hostettler
Largent
Sanford
Shadegg
Smith (WA)
Souder
Tiahrt
NOT VOTING--15
Bryant (TX)
Chapman
Fazio
Fields (TX)
Flake
Hayes
Lightfoot
Myers
Quillen
Rose
Stark
Stockman
Studds
Wilson
Wyden
So the motion was agreed to.
A motion to reconsider the vote, whereby said motion was agreed to,
was laid on the table.
Pursuant to House Resolution 334 the title of H.R. 1643 was amended to
read as follows: ``Making appropriations for certain activities for the
fiscal year 1996, and for other purposes.''.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
para.3.11 providing for the disposition of the senate amendment to h.j.
res. 134
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-448) the privileged resolution (H. Res. 336) providing for the
disposition of the Senate amendment to the joint resolution (H.J. Res.
134) making further continuing appropriations for fiscal year, 1996, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.3.12 recess authority for speaker and waiver of rules requirement
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 330):
Resolved, That (a) the Speaker may declare recesses subject
to the call of the Chair on the calendar days of Friday,
January 5, 1996, through Tuesday, January 9, 1996. A recess
declared pursuant to this subsection may not extend beyond
the calendar day of Tuesday, January 9, 1996.
(b) The Speaker may declare recesses subject to the call of
the Chair on the calendar days of Tuesday, January 9, 1996,
through Friday, January 12, 1996. A recess declared pursuant
to this subsection may not extend beyond the calendar day of
Friday, January 12, 1996.
(c) The Speaker may declare recesses subject to the call of
the Chair on the calendar days of Friday, January 12, 1996,
through Tuesday, January 16, 1996. A recess declared pursuant
to this subsection may not extend beyond the calendar day of
Tuesday, January 16, 1996.
(d) The Speaker may declare recesses subject to the call of
the Chair on the calendar days of Tuesday, January 16, 1996,
through Friday, January 19, 1996. A recess declared pursuant
to this subsection may not extend beyond the calendar day of
Friday, January 19, 1996.
(e) The Speaker may declare recesses subject to the call of
the Chair on the calendar days of Friday, January 19, 1996,
through Tuesday, January 23, 1996. A recess declared pursuant
to this subsection may not extend beyond the calendar day of
Tuesday, January 23, 1996.
Sec. 2. The requirement of clause 4(b) of rule XI for a
two-thirds vote to consider a report from Committee on Rules
on the same day it is presented to the House is waived with
respect to any resolution reported from that committee before
the calendar day of Wednesday, January 24, 1996, and
providing for consideration or disposition of any of the
following measures:
(1) A bill making general appropriations for the fiscal
year ending September 30, 1996, any amendment thereto, any
conference report thereon, or any amendment reported in
disagreement from a conference thereon.
(2) A bill or joint resolution that includes provisions
making further continuing appropriations for the fiscal year
1996, any amendment thereto, any conference report thereon,
or any amendment reported in disagreement from a conference
thereon.
(3) A bill or joint resolution that includes provisions
increasing or waiving (for a temporary period or otherwise)
the public debt limit under section 3101(b) of title 31,
United States Code, any amendment thereto, any conference
report thereon, or any amendment reported in disagreement
from a conference thereon.
(4) A bill to provide for a balanced budget by 2002, any
amendment thereto, any conference report thereon, or any
amendment reported in disagreement from a conference thereon.
When said resolution was considered.
After debate,
On motion of Ms. PRYCE, the previous question was ordered on the
resolution to its adoption or rejection
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
[[Page 32]]
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
224
When there appeared
<3-line {>
Nays
190
para.3.13 [Roll No. 8]
YEAS--224
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--190
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chabot
Clay
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Ganske
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Bryant (TX)
Chapman
Chrysler
Clayton
Fazio
Fields (TX)
Hayes
Johnston
Lightfoot
Livingston
Montgomery
Myers
Quillen
Rose
Stark
Stockman
Studds
Wilson
Wyden
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.3.14 providing for disposition of senate amendment to h.j. res.
134
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 336):
Resolved, That upon adoption of this resolution the House
shall be considered to have taken from the Speaker's table
the joint resolution (H.J. Res. 134) making further
continuing appropriations for the fiscal year 1996, and for
other purposes, with the Senate amendment thereto, and to
have concurred in the Senate amendment with an amendment
consisting of the text printed in the report of the Committee
on Rules accompanying this resolution.
Sec. 2. House Concurrent Resolution 131 is hereby adopted.
Sec. 3. The Clerk shall not transmit to the Senate a
message regarding H.J. Res. 134 until the House has received
a message that the Senate has agreed to House Concurrent
Resolution 131 as adopted by the House.
The Senate amendment is as follows:
Resolved, That upon adoption of this resolution the House
shall be considered to have taken from the Speaker's table
the joint resolution (H.J. Res. 134) making further
continuing appropriations for the fiscal year 1996, and for
other purposes, with the Senate amendment thereto, and to
have concurred in the Senate amendment with an amendment
consisting of the text printed in the report of the Committee
on Rules accompanying this resolution.
Sec. 2. House Concurrent Resolution 131 is hereby adopted.
Sec. 3. The Clerk shall not transmit to the Senate a
message regarding H.J. Res. 134 until the House has received
a message that the Senate has agreed to House Concurrent
Resolution 131 as adopted by the House.
The text of the Senate amendment and the House amendment to the
Senate amendment are as follows:
Senate amendment:
Strike out all after the resolving clause and insert:
TITLE I
AID TO FAMILIES WITH DEPENDENT CHILDREN AND FOSTER CARE AND ADOPTION
ASSISTANCE
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
the following projects or activities including the costs of
direct loans and loan guarantees (not otherwise specifically
provided for in this joint resolution) which were conducted
in the fiscal year 1995:
All projects and activities funded under the account
heading ``Family support payments to States'' under the
Administration For Children and Families in the Department of
Health and Human Services;
All projects and activities funded under the account
heading ``Payments to States for foster care and adoption
assistance'' under the Administration For Children and
Families in the Department of Health and Human Services;
Such amounts as may be necessary for the medicaid program
under title XIX of the Social Security Act for the second
quarter of fiscal year 1996; and
All administrative activities necessary to carry out the
projects and activities in the preceding three paragraphs:
Provided, That whenever the amount which would be made
available or the authority which would be granted under an
Act which including funding for fiscal year 1996 for the
projects and activities listed in this section is greater
than that which would be available or granted under current
operations, the pertinent project or activity shall be
continued at a rate for operations not exceeding the current
rate.
[[Page 33]]
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act which
included funding for fiscal year 1996 for the projects and
activities listed in this section as passed by the House as
of the date of enactment of this joint resolution, is
different from that which would be available or granted under
such Act as passed by the Senate as of the date of enactment
of this joint resolution, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate or the rate permitted by the action of the House
or the Senate, whichever is lower, under the authority and
conditions provided in the applicable appropriations Act for
the fiscal year 1995.
(c) Whenever an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
has been passed by only the House or only the Senate as of
the date of enactment of this joint resolution, the pertinent
project or activity shall be continued under the
appropriation, fund, or authority granted by the one House at
a rate for operations not exceeding the current rate or the
rate permitted by the action of the one House, whichever is
lower, and under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 103. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 104. No provision which is included in the
appropriations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this joint
resolution.
Sec. 105. Appropriations made and authority granted
pursuant to this title of this joint resolution shall cover
all obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this joint resolution.
Sec. 106. Unless otherwise provided for in this title of
this joint resolution or in the applicable appropriations
Act, appropriations and funds made available and authority
granted pursuant to this title of this joint resolution shall
be available until (a) enactment into law of an appropriation
for any project or activity provided for in this title of
this joint resolution, or (b) the enactment into law of the
applicable appropriations Act by both Houses without any
provision for such project or activity, or (c) January 3,
1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this
joint resolution shall be charged to the applicable
appropriation, fund, or authorization whenever a bill in
which such applicable appropriation, fund, or authorization
is contained is enacted into law.
Sec. 108. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 101 of this joint
resolution that makes the availability of any appropriation
provided therein dependent upon the enactment of additional
authorizing or other legislation shall be effective before
the date set forth in section 106(c) of this joint
resolution.
Sec. 109. Appropriations and funds made available by or
authority granted pursuant to this title of this joint
resolution may be used without regard to the time limitations
for submission and approval of apportionments set forth in
section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law
governing the apportionment of funds.
TITLE II
DISTRICT OF COLUMBIA
That the following sums are hereby appropriated, out of the
general fund and enterprise funds of the District of Columbia
for the District of Columbia for the fiscal year 1996, and
for other purposes, namely:
Sec. 201. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
projects or activities including the costs of direct loans
and loan guarantees (not otherwise specifically provided for
in this title of this joint resolution) which were conducted
in the fiscal year 1995 and for which appropriations, funds,
or other authority would be available in the following
appropriations Act:
The District of Columbia Appropriations Act, 1996;
Provided, That whenever the amount which would be made
available or the authority which would be granted in this Act
is greater than that which would be available or granted
under current operations, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act listed in
this section as passed by the House as of the date of
enactment of this joint resolution, is different from that
which would be available or granted under such Act as passed
by the Senate as of the date of enactment of this joint
resolution, the pertinent project or activity shall be
continued at a rate for operations not exceeding the current
rate or the rate permitted by the action of the House or the
Senate, whichever is lower, under the authority and
conditions provided in the applicable appropriations Act for
the fiscal year 1995: Provided, That where an item is not
included in either version or where an item is included in
only one version of the Act as passed by both Houses as of
the date of enactment of this joint resolution, the pertinent
project or activity shall not be continued except as provided
for in section 211 or 212 under the appropriation, fund, or
authority granted by the applicable appropriations Act for
the fiscal year 1995 and under the authority and conditions
provided in the applicable appropriations Act for the fiscal
year 1995.
Sec. 202. Appropriations made by section 201 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 203. No appropriation or funds made available or
authority granted pursuant to section 201 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 204. No provision which is included in the
appropriations Act enumerated in section 201 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this title
of this joint resolution.
Sec. 205. Appropriations made and authority granted
pursuant to this title of this joint resolution shall cover
all obligations or expenditures incurred for any program,
project, or activity during the period for which funds or
authority for such project or activity are available under
this title of this joint resolution.
Sec. 206. Unless otherwise provided for in this title of
this joint resolution or in the applicable appropriations
Act, appropriations and funds made available and authority
granted pursuant to this title of this joint resolution shall
be available until (a) enactment into law of an appropriation
for any project or activity provided for in this title of
this joint resolution, or (b) the enactment into law of the
applicable appropriations Act by both Houses without any
provision for such project or activity, or (c) January 3,
1996, whichever first occurs.
Sec. 207. Notwithstanding any other provision of this title
of this joint resolution, except section 206, none of the
funds appropriated under this title of this joint resolution
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 208. Expenditures made pursuant to this title of this
joint resolution shall be charged to the applicable
appropriation, fund, or authorization
[[Page 34]]
whenever a bill in which such applicable appropriation, fund,
or authorization is contained is enacted into law.
Sec. 209. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 201 of this title of
this joint resolution that makes the availability of any
appropriation provided therein dependent upon the enactment
of additional authorizing or other legislation shall be
effective before the date set forth in section 206(c) of this
joint resolution.
Sec. 210. Appropriations and funds made available by or
authority granted pursuant to this title of this joint
resolution may be used without regard to the time limitations
for submission and approval of apportionments set forth in
section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law
governing the apportionment of funds.
Sec. 211. Notwithstanding any other provision of this title
of this joint resolution, except section 206, whenever the
Act listed in section 201 as passed by both the House and
Senate as of the date of enactment of this joint resolution,
does not include funding for an ongoing project or activity
for which there is a budget request, or whenever the rate for
operations for an ongoing project or activity provided by
section 201 for which there is a budget request would result
in the project or activity being significantly reduced, the
pertinent project or activity may be continued under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 by increasing the
rate for operations provided by section 201 to a rate for
operations not to exceed one that provides the minimal level
that would enable existing activities to continue. No new
contracts or grants shall be awarded in excess of an amount
that bears the same ratio to the rate for operations provided
by this section as the number of days covered by this
resolution bears to 366. For the purposes of this title of
this joint resolution, the minimal level means a rate for
operations that is reduced from the current rate by 25
percent.
Sec. 212. Notwithstanding any other provision of this title
of this joint resolution, except section 206, whenever the
rate for operations for any continuing project or activity
provided by section 201 or section 211 for which there is a
budget request would result in a furlough of Government
employees, that rate for operations may be increased to the
minimum level that would enable the furlough to be avoided.
No new contracts or grants shall be awarded in excess of an
amount that bears the same ratio to the rate for operations
provided by this section as the number of days covered by
this resolution bears to 366.
Sec. 213. Notwithstanding any other provision of this title
of this joint resolution, except sections 206, 211, and 212,
for those programs that had high initial rates of operation
or complete distribution of funding at the beginning of the
fiscal year in fiscal year 1995 because of distributions of
funding to States, foreign countries, grantees, or others,
similar distributions of funds for fiscal year 1996 shall not
be made and no grants shall be awarded for such programs
funded by this title of this resolution that would impinge on
final funding prerogatives.
Sec. 214. This title of this joint resolution shall be
implemented so that only the most limited funding action of
that permitted in this title of this resolution shall be
taken in order to provide for continuation of projects and
activities.
Sec. 215. The provisions of section 132 of the District of
Columbia Appropriations Act, 1988, Public Law 100-202, shall
not apply for this title of this joint resolution.
Sec. 216. Notwithstanding any other provision of this title
of this joint resolution, except section 206, none of the
funds appropriated under this title of this joint resolution
shall be used to implement or enforce any system of
registration of unmarried, cohabiting couples whether they
are homosexual, lesbian, heterosexual, including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant
to any provision of this title of this joint resolution
otherwise be used to implement or enforce D.C. Act 9-188,
signed by the Mayor of the District of Columbia on April 15,
1992.
TITLE III
VETERANS' BENEFITS
That the following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
SEC. 301. ENSURED PAYMENT DURING FISCAL YEAR 1996 OF
VETERANS' BENEFITS IN EVENT OF LACK OF
APPROPRIATIONS.
(a) Payments Required.--In any case during fiscal year 1996
in which appropriations are not otherwise available for
programs, projects, and activities of the Department of
Veterans Affairs, the Secretary of Veterans Affairs shall
nevertheless ensure that--
(1) payments of existing veterans benefits are made in
accordance with regular procedures and schedules and in
accordance with eligibility requirements for such benefits;
and
(2) payments to contractors of the Veterans Health
Administration of the Department of Veterans Affairs are made
when due in the case of services provided that directly
relate to patient health and safety.
(b) Funding.--There is hereby appropriated such sums as may
be necessary for the payments pursuant to subsection (a),
including such amounts as may be necessary for the costs of
administration of such payments.
(c) Charging of Accounts When Appropriations Made.--In any
case in which the Secretary uses the authority of subsection
(a) to make payments, applicable accounts shall be charged
for amounts so paid, and for the costs of administration of
such payments, when regular appropriations become available
for those purposes.
(d) Existing Benefits Specified.--For purposes of this
section, existing veterans benefits are benefits under laws
administered by the Secretary of Veterans Affairs that have
been adjudicated and authorized for payment as of--
(1) December 15, 1995; or
(2) if appropriations for such benefits are available
(other than pursuant to subsection (b)) after December 15,
1995, the last day on which appropriations for payment of
such benefits are available (other than pursuant to
subsection (b)).
SEC. 302. EXPIRATION DATE.
Section 301 shall expire on January 3, 1996.
House amendment to the Senate amendment:
In lieu of the matter inserted by said amendment, insert:
Sec. 1. Section 106(c) of Public Law 104-56 is amended by
striking ``December 15, 1995'' and inserting in lieu thereof
``January 26, 1996''.
Sec. 2. The transmission of this joint resolution to the
President shall be in accordance with the requirements of the
concurrent resolution (H. Con. Res. 131) that establishes
procedures making such transmission contingent upon the
submission by the President of a seven-year balanced budget
using the economic and technical assumptions specified in or
consistent with the Congressional Budget Office Memorandum
entitled ``The Economic and Budget Outlook: December 1995
Update''.
The House amendment to the Senate amendment is as follows:
In lieu of the matter inserted by said amendment, insert:
Sec. 1. Section 106(c) of Public Law 104-56 is amended by
striking ``December 15, 1995'' and inserting in lieu thereof
``January 26, 1996''.
Sec. 2. The transmission of this joint resolution to the
President shall be in accordance with the requirements of the
concurrent resolution (H. Con. Res. 131) that establishes
procedures making such transmission contingent upon the
submission by the President of a seven-year balanced budget
using the economic and technical assumptions specified in or
consistent with the Congressional Budget Office Memorandum
entitled ``The Economic and Budget Outlook: December 1995
Update''.
When said resolution was considered.
After debate,
Mr. SOLOMON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. BUNNING, announced that the yeas had it.
[[Page 35]]
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
226
When there appeared
<3-line {>
Nays
183
para.3.15 [Roll No. 9]
YEAS--226
Allard
Archer
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--183
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--24
Armey
Baker (LA)
Berman
Bryant (TX)
Chapman
Chrysler
Clayton
Fazio
Fields (TX)
Hayes
Johnston
Lightfoot
Lofgren
Montgomery
Myers
Quillen
Rose
Scarborough
Stark
Stockman
Studds
Thornton
Wilson
Wyden
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BUNNING, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Pursuant to section 2 of House Resolution 336, House Concurrent
Resolution 131 was considered agreed to.
Ordered, That, pursuant to section 3 of House Resolution 336, the
Clerk request the concurrence of the Senate in House Concurrent
Resolution 131, and that upon receipt of a message that the Senate has
agreed to said concurrent resolution, the Clerk shall request the
concurrence of the Senate in House Joint Resolution 134.
Ordered, That the Clerk notify the Senate thereof.
para.3.16 committee election--minority
Mrs. KENNELLY, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 337):
Resolved, That the following named Member be, and is
hereby, elected to the following standing committee of the
House of Representatives:
To the Committee on Banking and Financial Services: Jesse
Jackson, Jr. of Illinois.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.3.17 dod authorization
On motion of Mr. SPENCE, by unanimous consent, the bill of the Senate
(S. 1124) to authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
When on motion of Mr. SPENCE, the following amendment was agreed to:
Strike out all after the enacting clause of S. 1124 and insert in lieu
thereof the text of H.R. 1530 as reported by the committee of conference
on December 13, 1995, contained in House Report 104-406.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for fiscal year 1996 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. SPENCE, by unanimous consent, it was,
Resolved, That the House insist upon its amendments to the foregoing
bill and request a conference with the Senate on the disagreeing votes
of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. BUNNING, by unanimous consent,
announced the appointment of Messrs. Spence, Stump, Hunter, Bateman,
Weldon of Pennsylvania, Dellums, Montgomery, and Spratt, as managers on
the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.3.18 providing for a closed conference--s. 1124
Mr. SPENCE moved, pursuant to clause 6(a) of rule XXVIII, that the
conference committee meetings be
[[Page 36]]
tween the House and the Senate on the bill of the Senate (S. 1124) to
authorize appropriations for fiscal year 1996 for military activities of
the Department of Defense, to prescribe personnel strengths for such
fiscal year for the Armed Forces, and for other purposes; be closed to
the public at such times as classified national security information is
under consideration; Provided, however, that any sitting Member of
Congress shall have a right to attend any closed or open meeting.
The question being put,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. BUNNING, announced that a roll call was
required under clause 6(a), rule XXVIII, and the call was taken by
electronic device.
It was decided in the
Yeas
398
<3-line {>
affirmative
Nays
1
para.3.19 [Roll No. 10]
YEAS--398
Abercrombie
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--1
DeFazio
NOT VOTING--34
Armey
Baker (LA)
Berman
Bryant (TX)
Burr
Chapman
Chrysler
Fazio
Fields (TX)
Fowler
Ganske
Hayes
Johnston
Lantos
Lightfoot
Lofgren
Montgomery
Morella
Myers
Packard
Quillen
Ros-Lehtinen
Rose
Shaw
Skaggs
Smith (WA)
Stark
Stockman
Studds
Taylor (NC)
Thornton
Williams
Wilson
Wyden
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.3.20 harry kizirian post office building
On motion of Mr. McHUGH, by unanimous consent, the bill (H.R. 1606) to
designate the United States Post Office building located at 24 Corliss
Street, Providence, Rhode Island, as the ``Harry Kizirian Post Office
Building''; together with the following amendments of the Senate
thereto, was taken from the Speaker's table:
Page 2, after line 11 insert:
SEC. 3. SALARY ADJUSTMENTS FOR THE BOARD OF GOVERNORS OF THE
UNITED STATES POSTAL SERVICE.
(a) In General.--Section 202(a) of title 39, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking out the fifth and sixth sentences; and
(3) by adding at the end thereof the following new
paragraph:
``(2)(A) Each Governor shall receive--
``(i) a salary of $30,000 a year as adjusted by
subparagraph (C);
``(ii) $300 a day for not more than 42 days each year, for
each day such Governor--
``(I) attends a meeting of the Board of Governors; or
``(II) performs the official business of the Board as
approved by the Chairman; and
``(III) reimbursement for travel and reasonable expenses
incurred in attending meetings and performing the official
business of the Board.
``(B) Nothing in subparagraph (A) shall be construed to
limit the number of days of meetings each year to 42 days.
``(C) Effective on the first day of the first applicable
pay period beginning on or after the date on which an
adjustment takes effect under section 5303 of title 5 in the
rates of pay under the General Schedule, the salary of each
Governor shall be adjusted by the percentage equal to the
percentage adjustment in such General Schedule rates of
pay.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable
pay period beginning on or after the date of the enactment of
this Act.
On motion of Mr. McHUGH, said Senate amendments were disagreed to.
A motion to reconsider the vote whereby said Senate amendments were
disagreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.3.21 providing for the disposition of the senate amendment to
h.r. 1358
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-449) the resolution (H. Res. 338) providing for the disposition
of the Senate amendment to the bill (H.R. 1358) to require the Secretary
of Commerce to convey to the Commonwealth of Massachusetts the National
Marine Fisheries Service laboratory located on Emerson Avenue in
Gloucester, Massaschusetts.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.3.22 providing for the disposition of the senate amendment to
h.r. 1358
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 338):
Resolved, That upon adoption of this resolution the House
shall be considered to have taken from the Speaker's table
the bill (H.R. 1358) to require the Secretary of Commerce to
convey to the Commonwealth of Massachusetts the National
Marine Fisheries Serv
[[Page 37]]
ice laboratory located on Emerson Avenue in Gloucester,
Massachusetts, with the Senate amendment thereto, and to have
concurred in the Senate amendment with an amendment
consisting of the text printed in the report of the Committee
on Rules accompanying this resolution.
The Senate amendment is as follows:
Strike out all after the enacting clause and insert:
SECTION 1. CONVEYANCES.
(a) National Marine Fisheries Service Laboratory at
Gloucester, Massachusetts.--
(1) In general.--The Secretary of Commerce shall convey to
the Commonwealth of Massachusetts, all right, title, and
interest of the United States in and to the property
comprising the National Marine Fisheries Service laboratory
located on Emerson Avenue in Gloucester, Massachusetts.
(2) Terms.--A conveyance of property under paragraph (1)
shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions specified under
paragraphs (3) and (4).
(3) Conditions for transfer.--
(A) In general.--As a condition of any conveyance of
property under this subsection, the Commonwealth of
Massachusetts shall assume full responsibility for
maintenance of the property for as long as the Commonwealth
retains the right and title to that property.
(B) Continued use of property by nmfs.--The Secretary may
enter into a memorandum of understanding with the
Commonwealth of Massachusetts under which the National Marine
Fisheries Service is authorized to occupy existing laboratory
space on the property conveyed under this subsection, if--
(i) the term of the memorandum of understanding is for a
period of not longer than 5 years beginning on the date of
enactment of this Act; and
(ii) the square footage of the space to be occupied by the
National Marine Fisheries Service does not conflict with the
needs of, and is agreeable to, the Commonwealth of
Massachusetts.
(4) Reversionary interest.--All right, title, and interest
in and to all property conveyed under this subsection shall
revert to the United States on the date on which the
Commonwealth of Massachusetts uses any of the property for
any purpose other than the Commonwealth of Massachusetts
Division of Marine Fisheries resource management program.
(5) Restriction.--Amounts provided by the South Essex
Sewage District may not be used by the Commonwealth of
Massachusetts to transfer existing activities to, or conduct
activities at, property conveyed under this section.
(b) Pier in Charleston, South Carolina.--Section 22(a) of
the Marine Mammal Protection Act Amendments of 1994 (Public
Law 103-238; 108 Stat. 561) is amended--
(1) by inserting ``(1)'' before ``Not''; and
(2) by adding at the end thereof the following:
``(2) Not later than December 31, 1996, the Secretary of
the Navy may convey, without payment or other consideration,
to the Secretary of Commerce, all right, title, and interest
to the property comprising that portion of the Naval Base,
Charleston, South Carolina, bounded by Hobson Avenue, the
Cooper River, the landward extension of the property line
located 70 feet northwest of and parallel to the centerline
of Pier Q, and the northwest property line of the parking
area associated with Pier R. The property shall include Pier
Q, all towers and outbuildings on that property, and walkways
and parking areas associated with those buildings and Pier
Q.''.
SEC. 2. FISHERIES RESEARCH FACILITIES.
(a) Fort Johnson.--The Secretary of Commerce, through the
Under Secretary of Commerce for Oceans and Atmosphere, is
authorized to construct on land to be leased from the State
of South Carolina, a facility at Fort Johnson, South
Carolina, provided that the annual cost of leasing the
required lands does not exceed one dollar.
(b) Auke Cape.--The Secretary of Commerce, through the
Under Secretary of Commerce for Oceans and Atmosphere, is
authorized to construct a facility on Auke Cape near Juneau,
Alaska, to provide consolidated office and laboratory space
for National Oceanic and Atmospheric Administration personnel
in Juneau, provided that the property for such facility is
transferred to the National Oceanic and Atmospheric
Administration from the United States Coast Guard or the City
of Juneau.
(c) Completion Date for Funded Work.--The Secretary of
Commerce shall complete the architectural and engineering
work for the facilities described in subsections (a) and (b)
by not later than May 1, 1996, using funds that have been
previously appropriated for that work.
(d) Availability of Appropriations.--The authorizations
contained in subsections (a) and (b) are subject to the
availability of appropriations provided for the purpose
stated in this section.
SEC. 3. PRIBILOF ISLANDS.
(a) In General.--The Secretary of Commerce shall, subject
to the availability of appropriations provided for the
purposes of this section, clean up landfills, wastes, dumps,
debris, storage tanks, property, hazardous or unsafe
conditions, and contaminants, including petroleum products
and their derivatives, left by the National Oceanic and
Atmospheric Administration on lands which it and its
predecessor agencies abandoned, quitclaimed, or otherwise
transferred or are obligated to transfer, to local entities
or residents on the Pribilof Islands, Alaska, pursuant to the
Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), as amended, or
other applicable law.
(b) Obligations of Secretary.--In carrying out cleanup
activities under subsection (a), the Secretary of Commerce
shall--
(1) to the maximum extent practicable, execute agreements
with the State of Alaska, and affected local governments,
entities, and residents eligible to receive conveyance of
lands under the Fur Seal Act of 1966 (16 U.S.C. 1161 et seq.)
or other applicable law;
(2) manage such activities with the minimum possible
overhead, delay, and duplication of State and local planning
and design work;
(3) receive approval from the State of Alaska for
agreements described in paragraph (1) where such activities
are required by State law;
(4) receive approval from affected local entities or
residents before conducting such activities on their
property; and
(5) not seek or require financial contributions by or from
local entities or landowners.
(c) Resolution of Federal Responsibilities.--(1) Within 9
months after the date of enactment of this section, and after
consultation with the Secretary of the Interior, the State of
Alaska, and local entities and residents of the Pribilof
Islands, the Secretary of Commerce shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Resources of the House of
Representatives, a report proposing necessary actions by the
Secretary of Commerce and Congress to resolve all claims with
respect to, and permit the final implementation, fulfillment
and completion of--
(A) title II of the Fur Seal Act Amendments of 1983 (16
U.S.C. 1161 et seq.);
(B) the land conveyance entitlements of local entities and
residents of the Pribilof Islands under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.);
(C) the provisions of this section; and
(D) any other matters which the Secretary deems
appropriate.
(2) The report required under paragraph (1) shall include
the estimated costs of all actions, and shall contain the
statements of the Secretary of Commerce, the Secretary of the
Interior, any statement submitted by the State of Alaska, and
any statements of claims or recommendations submitted by
local entities and residents of the Pribilof Islands.
(d) Use of Local Entities.--Notwithstanding any other law
to the contrary, the Secretary of Commerce shall, to the
maximum extent practicable, carry out activities under
subsection (a) and fulfill other obligations under Federal
and State law relating to the Pribilof Islands, through
grants or other agreements with local entities and residents
of the Pribilof Islands, unless specialized skills are needed
for an activity, and the Secretary specifies in writing that
such skills are not available through local entities and
residents of the Pribilof Islands.
(e) Definition.--For the purposes of this section, the term
``clean up'' means the planning and execution of remediation
actions for lands described in subsection (a) and the
redevelopment of landfills to meet statutory requirements.
(f) Authorization of Appropriations.--There are authorized
to be appropriated not to exceed $10,000,000 in each of
fiscal years 1996, 1997, and 1998 for the purposes of
carrying out this section.
The House amendment to the Senate amendment is as follows:
At the end of the Senate amendment, add the following:
TITLE I
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for the fiscal year
1996, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995 for continuing
the following projects or activities including the costs of
direct loans and loan guarantees (not otherwise specifically
provided for in this Act) which were conducted in the fiscal
year 1995:
All allowances paid under section 5(b) of the Peace Corps
Act, 22 U.S.C. section 2504, notwithstanding section 10 of
Public Law 91-672, at a rate for operations, notwithstanding
any other provision of this Act, provided for in the
conference report and joint explanatory statement of the
Committee of Conference (House Report 104-295) on the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1996, (H.R. 1868), as passed by the House
of Representatives on October 31, 1995;
All activities, including administrative expenses,
necessary to process single-family mortgage loans and
refinancing for low-income and moderate-income families
funded under the Federal Housing Administration's ``FHA-
mutual mortgage insurance program account'' and ``FHA-general
and special risk program account'' in the Department of
Housing and Urban Development at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House
[[Page 38]]
Report 104-384) on the Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1996, (H.R. 2099), as passed by the House of Representatives
on December 7, 1995;
All projects and activities directly related to the
security of United States diplomatic posts and facilities
abroad, notwithstanding section 15 of the State Department
Basic Authorities Act of 1956 at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, (H.R. 2076),
as passed by the House of Representatives on December 6,
1995;
Activities funded under the account heading ``Emergency
food and shelter program'' in the Federal Emergency
Management Agency: Provided, That, notwithstanding any other
provision of this Act, the amount made available by this Act
shall not exceed $46,000,000: Provided further, That not to
exceed three and one-half percentum of the amount made
available shall be for administrative costs;
All retirement pay and medical benefits for Public Health
Service Commissioned Officers as authorized by law, and for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan and for medical care of
dependents and retired personnel under the Dependent's
Medical Care Act (10 U.S.C. ch. 55) and for payments pursuant
to section 229(b) of the Social Security Act (42 U.S.C.
429(b)); at a rate for operations, notwithstanding any other
provision of this Act, provided for in the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1996 (H.R. 2127), as passed the
House of Representatives on August 4, 1995;
All projects and activities of the Federal Bureau of
Investigation, Drug Enforcement Administration, Interagency
Crime and Drug Enforcement, Federal Prison System, U.S.
Attorneys, U.S. Marshals Service, Federal Prisoner Detention,
Fees and Expenses of Witnesses, Immigration and
Naturalization Service, and the Executive Office for
Immigration Review, necessary for the investigation and
prosecution of criminal and civil offenses; national
security; the apprehension, detention and removal of illegal
and criminal aliens; the incarceration, detention, and
movement of federal prisoners and detainees; and the
protection of the Federal judiciary at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, (H.R. 2076),
as passed by the House of Representatives on December 6,
1995;
All projects and activities of the Judiciary to the extent
and in the manner and at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Department of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, (H.R. 2076),
as passed by the House of Representatives on December 6,
1995;
All projects and activities necessary to provide for the
expenses of State surveys and certifications under the
account heading ``Program Management'' under the Health Care
Financing Administration in the Department of Health and
Human Services;
Trade adjustment assistance benefits and North American
Free Trade Act benefits funded under the account heading
``Federal Unemployment Benefits and Allowances'' under the
Employment and Training Administration in the Department of
Labor;
Payments to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds under the account
heading ``Payments to Health Care Trust Funds'' under the
Health Care Financing Administration in the Department of
Health and Human Services;
All projects and activities necessary to provide for the
expenses of Medicare contractors under title XVIII of the
Social Security Act under the account heading ``Program
Management'' under the Health Care Financing Administration
in the Department of Health and Human Services;
All projects and activities funded under the account
heading ``Grants to States for Medicaid'' under the Health
Care Financing Administration in the Department of Health and
Human Services;
All projects and activities of the National Institutes of
Health in the Department of Health and Human Services at a
rate for operations, notwithstanding any other provision of
this Act, provided for in the Departments of Labor, Health,
and Human Services, and Education, and Related Agencies
Appropriations Act, 1996, (H.R. 2127), as passed the House of
Representatives on August 4, 1995;
All projects and activities necessary to carry out the
Section 7(a) General Business Loan Guaranty program and the
Section 504 Certified Development Company program, as
authorized by law, under the Small Business Administration at
a rate for operations, notwithstanding any other provision of
this Act, provided for in the conference report and joint
explanatory statement of the Committee of Conference (House
Report 104-378) on the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1996, (H.R. 2076), as passed by the House of
Representatives on December 6, 1995;
All projects and activities funded under the account
heading ``Surety Bond Guarantees Revolving Fund'' under the
Small Business Administration at a rate for operations,
notwithstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-378) on the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, (H.R. 2076),
as passed by the House of Representatives on December 6,
1995;
All projects and activities necessary to accommodate
visitors and to provide for visitors services on the public
lands managed by the Bureau of Land Management at a rate for
operations, notwithstanding any other provision of this Act,
provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-
402) on the Department of the Interior and Related Agencies
Appropriations Act, 1996, (H.R. 1977), as passed by the House
of Representatives on December 13, 1995;
All projects and activities funded under the account
heading ``Disease Control, Research, and Training'' under the
Centers for Disease Control and Prevention in the Department
of Health and Human Services at a rate for operations,
notwithstanding any other provision of this Act, not to
exceed an annual rate for new obligational authority of
$2,114,693,000;
All Self-Determination and Self-Governance projects and
activities of tribes or tribal organizations (as that term is
defined in Public Law 93-638) that are authorized by Public
Law 93-638 under the account heading ``Operation of Indian
Programs'' under the Bureau of Indian Affairs in the
Department of the Interior or under the account heading
``Indian Health Services'' under the Indian Health Service in
the Department of Health and Human Services at a rate for
operations, notwithstanding any other provision of this Act,
provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-
402) on the Department of the Interior and Related Agencies
Appropriations Act, 1996, (H.R. 1977), as passed by the House
of Representatives on December 13, 1995;
All projects and activities necessary to provide for the
expenses of the Kendall Demonstration Elementary School and
the Model Secondary School for the Deaf under the account
heading ``Gallaudet University'' in the Department of
Education;
Payments for benefits and interest on advances, together
with expenses of operation and administration, under the
account heading ``Black Lung Disability Trust Fund'' under
the Employment Standards Administration in the Department of
Labor; and
Payments for benefits, together with expenses of operation
and administration, under the account heading ``Special
Benefits for Disabled Coal Miners'' in the Social Security
Administration; Provided, That whenever the amount which
would be made available or the authority which would be
granted under an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
is greater than that which would be available or granted
under current operations, the pertinent project or activity
shall be continued at a rate for operations not exceeding the
current rate.
(b) Whenever the amount which would be made available or
the authority which would be granted under the Act which
included funding for fiscal year 1996 for the projects and
activities listed in this section as passed by the House as
of the date of enactment of this Act, is different from that
which would be available or granted under such Act as passed
by the Senate as of the date of enactment of this Act, the
pertinent project or activity shall be continued at a rate
for operations not exceeding the current rate or the rate
permitted by the action of the House or the Senate, whichever
is lower, under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
(c) Whenever an Act which included funding for fiscal year
1996 for the projects and activities listed in this section
has been passed by only the House or only the Senate as of
the date of enactment of this Act, the pertinent project or
activity shall be continued under the appropriation, fund, or
authority granted by the one House at a rate for operations
not exceeding the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the
authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 103. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during the fiscal year 1995.
Sec. 104. No provision which is included in the
appropriations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more than
one appropriation, fund, or authority shall be applicable to
any appropriation, fund, or authority provided in this Act.
Sec. 105. Appropriations made and authority granted
pursuant to this title of this Act
[[Page 39]]
shall cover all obligations or expenditures incurred for any
program, project, or activity during the period for which
funds or authority for such project or activity are available
under this Act.
Sec. 106. Unless otherwise provided for in this title of
this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project or
activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act by
both Houses without any provision for such project or
activity, or (c) September 30, 1996, whichever first occurs.
Sec. 107. Expenditures made pursuant to this title of this
Act shall be charged to the applicable appropriation, fund,
or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. No provision in the appropriations Act for the
fiscal year 1996 referred to in section 101 of this Act that
makes the availability of any appropriation provided therein
dependent upon the enactment of additional authorizing or
other legislation shall be effective before the date set
forth in section 106(c) of this Act.
Sec. 109. Appropriations and funds made available by or
authority granted pursuant to this title of this Act may be
used without regard to the time limitations for submission
and approval of apportionments set forth in section 1513 of
title 31, United States Code, but nothing herein shall be
construed to waive any other provision of law governing the
apportionment of funds.
Sec. 110. For the purposes of this title of this Act, the
time covered by this title of this Act shall be considered to
have begun on December 16, 1995.
TITLE II
SECTION 201. YAVAPAI-PRESCOTT INDIAN TRIBE WATER RIGHTS
SETTLEMENT ACT OF 1994.
(a) Extension.--Section 112(b) of the Yavapai-Prescott
Indian Tribe Water Rights Settlement Act of 1994 (108 Stat.
4532) is amended by striking ``December 31, 1995'' and
inserting ``June 30, 1996''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of December 31, 1995, and with the
consent of Prescott, Arizona, the contract referred to in
such section 112(b) is revived.
SEC. 202. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT
OF 1992.
(a) Extension.--Section 3711(b)(1) of the San Carlos Apache
Tribe Water Rights Settlement Act of 1992 (title XXXVII of
Public Law 102-575) is amended by striking ``December 31,
1995'' and inserting ``December 31, 1996''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
take effect as of December 31, 1995.
(2) Lapsed provisions of law and contracts.--The provisions
of subsections (c) and (d) of section 3704, subsections (a)
and (b) of section 3705, section 3706, subsections (a)(2),
(c), (d), and (f) of section 3707, subsections (b) and (c) of
section 3708, and subsections (a), (b), (c), (d), (e), (g),
(h), (j), and (l) of section 3710 of such Act, together with
each contract entered into pursuant to any such section or
subsection (with the consent of the Non-Federal parties
thereto), shall be effective on and after the date of
enactment of this Act, subject to the December 31, 1966,
deadline specified in such section 3711(b)(1), as amended by
subsection (a) of this section.
When said resolution was considered.
After debate,
Mr. DREIER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. EMERSON, announced that the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
204
When there appeared
<3-line {>
Nays
167
para.3.23 [Roll No. 11]
YEAS--204
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Bryant (TN)
Bunn
Bunning
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Flanagan
Foley
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Johnson (CT)
Johnson, Sam
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--167
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Bonior
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Dooley
Dornan
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Foglietta
Forbes
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Istook
Jackson (IL)
Jefferson
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Lantos
Levin
Lewis (GA)
Lincoln
Lowey
Luther
Maloney
Markey
Martinez
Mascara
McCarthy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Mfume
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Traficant
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Wise
Woolsey
Wynn
NOT VOTING--62
Baker (LA)
Berman
Bilbray
Bilirakis
Brownback
Bryant (TX)
Burr
Burton
Chapman
Chrysler
Clinger
Diaz-Balart
Dickey
Dicks
Doggett
Durbin
Ewing
Fawell
Fazio
Fields (TX)
Filner
Flake
Fowler
Ganske
Green
Hayes
Jackson-Lee (TX)
Jacobs
Johnston
LaFalce
Lightfoot
Lipinski
Lofgren
Manton
Matsui
Meehan
Miller (CA)
Montgomery
Morella
Myers
Neal
Packard
Pickett
Quillen
Radanovich
Ros-Lehtinen
Rose
Rush
Shaw
Stark
Stockman
Studds
Taylor (NC)
Thornton
Velazquez
Waters
Waxman
Wicker
Williams
Wilson
Wyden
Yates
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. EMERSON, announced that the yeas had it.
Mr. FROST demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
[[Page 40]]
It was decided in the
Yeas
344
<3-line {>
affirmative
Nays
24
para.3.24 [Roll No. 12]
AYES--344
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bunn
Bunning
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Christensen
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dingell
Dixon
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fields (LA)
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Murtha
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Vento
Visclosky
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--24
Barr
Barton
Chabot
Chenoweth
de la Garza
Dornan
Funderburk
Graham
Hilleary
Hoekstra
Hostettler
Istook
Jones
Largent
McIntosh
Orton
Sanford
Scarborough
Shadegg
Smith (NJ)
Smith (WA)
Souder
Tiahrt
Volkmer
NOT VOTING--65
Baker (LA)
Beilenson
Berman
Bilbray
Bilirakis
Brownback
Bryant (TX)
Burr
Burton
Chapman
Chrysler
Clinger
Diaz-Balart
Dickey
Dicks
Doggett
Durbin
Ewing
Fawell
Fazio
Fields (TX)
Filner
Flake
Fowler
Ganske
Green
Hayes
Jackson-Lee (TX)
Jacobs
Johnston
LaFalce
Lewis (CA)
Lightfoot
Lipinski
Lofgren
Manton
Matsui
Meehan
Miller (CA)
Montgomery
Morella
Myers
Neal
Packard
Pickett
Quillen
Ros-Lehtinen
Rose
Rush
Shaw
Shuster
Stark
Stockman
Studds
Taylor (NC)
Thornton
Torres
Velazquez
Waters
Waxman
Wicker
Williams
Wilson
Wyden
Yates
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.3.25 designation of speaker pro tempore to sign enrollments
The SPEAKER laid before the House a communication, which was read as
follows:
Washington, DC,
January 5, 1996.
I hereby designate the Honorable Bill Emerson to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through January 23, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.3.26 permission for all members to revise and extend
On motion of Mr. HAYWORTH, by unanimous consent,
Ordered, That for the legislative day of January 5, 1996, all Members
are permitted to extend their remarks and to include extraneous material
in that section of the Record entitle ``Extension of Remarks''.
para.3.27 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate disagrees to the amendments of the House of
Representatives to the bill (S. 1124) ``An Act to authorize
appropriations for fiscal year 1996 for military activities of the
Department of Defense, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes.'', agrees to a
conference asked by the House on the disagreeing votes of the two Houses
thereon, and appoints Mr. Thurmond, Mr. Warner, Mr. Cohen, Mr. Lott, Mr.
Nunn, Mr. Exon, and Mr. Levin, be the conferees on the part of the
Senate.
para.3.28 recess--10:43 p.m.
The SPEAKER pro tempore, Mr. HASTERT, pursuant to subsection (a) of
the first section of House Resolution 330, declared the House in recess
at 10 o'clock and 43 minutes p.m., subject to the call of the Chair.
SATURDAY, JANUARY 6 (LEGISLATIVE DAY OF JANUARY 5), 1996
The House remained in recess.
MONDAY, JANUARY 8 (LEGISLATIVE DAY OF JANUARY 5), 1996
The House remained in recess.
TUESDAY, JANUARY 9 (LEGISLATIVE DAY OF JANUARY 5), 1996
para.3.29 after recess--11:00 a.m.
The SPEAKER pro tempore, Mr. EMERSON, called the House to order.
para.3.30 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. EMERSON, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, January 9, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Friday, January 5, 1996
at 11:25 p.m.:
That the Senate passed without amendment H.J. Res. 134; and
That the Senate passed without amendment H.R. 1358.
With warm regards,
Robin H. Carle,
Clerk.
para.3.31 enrolled bill signed
The SPEAKER pro tempore, Mr. EMERSON, announced that pursuant to
clause 4, rule I, and pursuant to the order of the House of January 5,
1996, he signed the following enrolled bill on Saturday, January 6,
1996:
H.R. 1358. An Act to require the Secretary of Commerce to
convey to the
[[Page 41]]
Commonwealth of Massachusetts the National Marine Fisheries
Service Laboratory located on Emerson Avenue in Gloucester,
MA.
para.3.32 communication from the speaker--message from the president
The SPEAKER pro tempore, Mr. EMERSON, laid before the House a
communication, which was read as follows:
January 6, 1996.
Received from the White House a sealed envelope said to
contain a Message from the President wherein he transmits a
plan to achieve a balanced budget not later than the fiscal
year 2002.
Newt Gingrich,
Speaker of the House of Representatives.
para.3.33 balanced budget proposal, fy 1996 through 2002
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby submit to the Congress a plan to achieve a balanced budget
not later than the fiscal year 2002 as certified by the Congressional
Budget Office on January 6, 1996. This plan has been prepared by Senator
Daschle and if passed in its current form by the Congress, I would sign
it into law.
William J. Clinton.
The White House, January 6, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee of the whole House on the state of
the Union and ordered to be printed (H. Doc. 104-160).
para.3.34 communication from the director of the congressional budget
office
The SPEAKER pro tempore, Mr. EMERSON, laid before the House a
communication, which was read as follows:
Congressional Budget Office,
Washington, DC, January 6, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: The Congressional Budget Office (CBO) has
prepared a preliminary analysis of the President's budgetary
submission of this date. The analysis is based on draft
legislative language or on other descriptive material
provided by staff. It employs CBO's updated economic and
technical estimating assumptions, which incorporate the
economic effects of balancing the federal budget by 2002 and
are described in the CBO memorandum ``Economic and Budget
Outlook: December 1995 Update.'' The analysis also assumes,
as specified by staff, that the projected adjustment to
reduce the formula bias in the consumer price index (CPI)
will reduce the rate of growth of the CPI by 0.3 percentage
points a year, which is the upper end of the range estimated
by the Bureau of Labor Statistics. CBO's December baseline
assumes a reduction near the middle of the range.
Under these assumptions, the proposal would result in
deficits of $153 billion in 1996 and $167 billion in 1997 and
a surplus of $1 billion in 2002. Compared to the CBO
baseline, the proposal would reduce the deficit by $220
billion over the next five years and by $583 billion over the
1996-2002 period. Table 1 summarizes the proposed policy
changes. Table 2 shows the estimated savings from the changes
in direct spending and revenues that would result from
enactment of each title of the proposal.
Sincerely,
Paul Van de Water,
(For June E. O'Neill).
Attachments.
TABLE 1.--DEMOCRATIC PLAN CHANGES FROM CBO'S DECEMBER BASELINE
[By fiscal year, in billions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total 1996-
1996 1997 1998 1999 2000 2001 2002 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBO December Baseline Deficit a......................... 172 182 183 195 204 211 228 (*)
Baseline Adjustments b.................................. 0 0 -2 -2 -3 -6 -6 -19
Adjusted December Baseline.............................. 172 182 181 193 201 205 222 ..........
Democratic Plan Policies:
Outlays:
Discretionary: c
Freeze d.......................................... -8 -9 -11 -32 -49 -66 -84 -258
Savings relative to freeze........................ -4 2 -3 2 2 -9 -26 -37
-----------------------------------------------------------------------------------------------
Subtotal...................................... -12 -7 -14 -30 -47 -75 -110 -295
Mandatory:
Medicare.......................................... (e) -3 -6 -12 -19 -26 -35 -102
Medicaid.......................................... 0 e -2 -7 -10 -13 -19 -52
Other............................................. -7 -9 -12 -15 -15 -15 -22 -95
-----------------------------------------------------------------------------------------------
Subtotal...................................... -7 -12 -21 -34 -45 -54 -76 -249
Net Interest........................................ e -2 -3 -5 -9 -14 -23 -56
-----------------------------------------------------------------------------------------------
Total Outlays................................. -20 -21 -37 -69 -100 -143 -209 -599
Revenues f............................................ e 6 6 6 10 3 -14 17
-----------------------------------------------------------------------------------------------
Total Policies................................ -20 -15 -32 -63 -90 -140 -223 -583
Democratic Plan Deficit 153 167 149 130 110 65 -1 (*)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: * = not applicable.
Numbers may not add to totals because of rounding.
a Projections assume that discretionary spending is equal to the spending limits that are in effect through 1998 and will increase with inflation after
1998.
b The Democratic plan assumes that the anticipated change in the consumer price index (CPI) methodology used by the Bureau of Labor Statistics (BLS)
will reduce the rate of growth of the CPI by 0.3 percentage points a year, which is the upper end of the range estimated by the BLS. CBO's December
baseline assumes a reduction near the middle of the range.
c Discretionary savings specified by staff.
d Savings from freezing 1996-2002 appropriations at the nominal level appropriated for 1995.
e Less than $500 million.
f Revenue increases are shown with a negative sign because they decrease the deficit. Includes Earned Income Credit outlays.
Sources: Congressional Budget Office; Joint Committee on Taxation.
TABLE 2.--SAVINGS FROM POLICY CHANGES IN THE DEMOCRATIC PLAN BASED ON CBO'S DECEMBER BASELINE ASSUMPTIONS, BY TITLE
[By fiscal year, in billions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total 1996-
Title 1996 1997 1998 1999 2000 2001 2002 2002
--------------------------------------------------------------------------------------------------------------------------------------------------------
I--Banking and Housing: Outlays......................... -4.3 (a) -0.1 0.2 0.1 0.1 -0.5 -4.4
II--Spectrum Allocation: Outlays........................ -0.2 -1.8 -2.7 -3.6 -3.1 -2.7 -7.4 -21.3
III--Medicaid: Outlays.................................. 0 -0.4 -2.4 -6.7 -10.3 -13.2 -18.6 -51.7
IV--Medicare: Outlays................................... (a) -2.7 -6.1 -12.3 -19.1 -26.0 -35.4 -101.5
V--Welfare Reform:
Outlays............................................. -0.9 -4.8 -5.8 -6.3 -6.9 -6.9 -7.6 -39.1
Revenues b.......................................... -0.1 -0.3 -0.6 -0.7 -0.8 -0.8 -0.9 -4.2
Deficit............................................. -1.0 -5.1 -6.4 -7.0 -7.6 -7.7 -8.5 -43.3
VI--Federal Retirement:
Outlays............................................. -0.5 -1.8 -2.7 -2.7 -2.7 -2.7 -2.9 -15.9
Revenues b.......................................... -0.2 -0.4 -0.5 -0.6 -0.6 -0.6 -0.6 -3.5
Deficit............................................. -0.7 -2.2 -3.2 -3.2 -3.3 -3.3 -3.5 -19.4
VII--Veterans Provisions: Outlays....................... -0.2 -0.3 -0.4 -1.2 -1.3 -1.3 -1.4 -6.1
VIII--Asset Sales, User Fees, and other Mandatory -1.3 -0.5 -0.6 -1.5 -1.3 -1.3 -2.2 -8.7
Provisions: Outlays....................................
IX--Revenues: Revenues b,c.............................. 0.5 6.5 6.9 7.0 11.1 4.3 -12.1 24.2
X--Budget Enforcement: Outlays.......................... 0 0 0 0 0 0 0 0
Total:
Outlays............................................. -7.3 -12.3 -20.7 -33.9 -44.6 -53.8 -76.0 -248.7
Revenues b,c........................................ 0.2 5.8 5.8 5.8 9.7 2.9 -13.7 16.5
Deficit............................................. -7.1 -6.5 -14.9 -28.2 -34.9 -50.9 -89.7 -232.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Less than $50 million.
b Revenue increases are shown with a negative sign because they reduce the deficit.
[[Page 42]]
c Includes Earned Income Credit Outlays.
Sources: Congressional Budget Office; Joint Committee on Taxation.
para.3.35 balanced budget referral
The SPEAKER pro tempore, Mr. EMERSON, announced that pursuant to
section 1 of House Concurrent Resolution 131, the Speaker had certified
to the Committee on House Oversight that the requirements of section 2
of House Concurrent Resolution 131 have been met; and, further, that the
following matters would be included as part of the House document
embodying the message of the President: the proposed text of the budget
plan of the President for the fiscal years 1996 through 2002; the
proposed text of legislation to implement that budget; the detailed
report setting forth the policies underlying that budget; and the
certification by the Director of the Congressional Budget Office to the
Speaker.
para.3.36 enrolled joint resolution signed
The SPEAKER pro tempore, Mr. EMERSON, announced that pursuant to
clause 4, rule I, the Speaker signed the following enrolled joint
resoluton on Saturday, January 6, 1996:
H.J. Res. 134. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.3.37 recess--11:06 a.m.
The SPEAKER pro tempore, Mr. EMERSON, pursuant to subsection (b) of
the first section of House Resolution 330, declared the House in recess
at 11 o'clock and 6 minutes a.m., subject to the call of the Chair.
para.3.38 after recess--2:35 p.m.
The SPEAKER pro tempore, Mr. EMERSON, called the House to order.
para.3.39 providing for adjournment of the house and recess of the
senate
Mr. BOEHNER submitted for consideration the following privileged
concurrent resolution (H. Con. Res. 133):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the calendar day
of Tuesday, January 9, 1996, it stand adjourned until 2 p.m.
on Monday, January 22, 1996, or until noon on the second day
after Members are notified to reassemble pursuant to section
2 of this concurrent resolution, whichever occurs first; and
that when the Senate recesses or adjourns on the calendar day
of Wednesday, January 10, 1996, pursuant to a motion offered
by the Majority Leader or his designee, it stand recessed or
adjourned until noon on Monday, January 22, 1996, or until
noon on the second day after Members are notified to
reassemble pursuant to section 2 of this concurrent
resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.3.40 adjournment provisions for the house
On motion of Mr. BOEHNER, by unanimous consent,
Ordered, That when the House adjourns Tuesday, January 9, 1996, it
stand adjourned until 10 a.m. on Friday, January 12, 1996, unless the
House sooner receives a message from the Senate transmitting its
concurrence in House Concurrent Resolution 133, in which case the House
shall stand adjourned pursuant to that concurrent resolution.
para.3.41 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which were thereupon signed by the Speaker:
H.R. 1643. An Act making appropriations for certain
activities for the fiscal year 1996, and for other purposes.
para.3.42 bills and joint resolution presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following day present to the President, for his
approval, bills and a joint resolution of the House of the following
titles:
On January 4:
H.R. 2203. An Act to reauthorize the tied aid credit
program of the Export-Import Bank of the United States, and
to allow the Export-Import Bank to conduct a demonstration
project.
H.R. 1295. An Act to amend the Trademark Act of 1946 to
make certain revisions relating to the protection of famous
marks.
H.J. Res. 153. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
On January 5:
H.R. 1643. Making appropriations for certain activities for
the fiscal year 1996, and for other purposes.
para.3.43 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. MORELLA, after 6 p.m. January 5; and
To Mr. MATSUI, after 7 p.m. January 5.
And then,
para.3.44 adjournment
On motion of Mr. BOEHNER, pursuant to the special order heretofore
agreed to and the provisions of House Concurrent Resolution 133, at 2
o'clock and 37 minutes p.m., Tuesday, January 9 (legislative day of
Friday, January 5), 1996, the House adjourned until 2 o'clock p.m. on
Monday, January 22, 1996.
para.3.45 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SOLOMON: Committee on Rules. House Resolution 336.
Resolution providing for the disposition of the Senate
amendment to the joint resolution (H.J. Res. 134) making
further continuing appropriations for fiscal year 1996, and
for other purposes (Rept. No. 104-448). Referred to the House
Calendar.
Mr. DREIER: Committee on Rules. House Resolution 338.
Resolution providing for the disposition of the Senate
amendment to the bill (H.R. 1358) to require the Secretary of
Commerce to convey to the Commonwealth of Massachusetts the
National Marine Fisheries Service laboratory located on
Emerson Avenue in Gloucester, Massachusetts (Rept. No. 104-
449). Referred to the House Calendar.
para.3.46 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. STUMP (for himself and Mr. Buyer):
H.R. 2851. A bill to amend title 38, United States Code, to
provide for approval of enrollment in courses offered at
certain branches or extensions of proprietary profit
institutions of higher learning in operation for more than 2
years; to the Committee on Veterans' Affairs.
By Mr. TEJEDA (for himself, Mr. Gonzalez, Mr. Bonilla,
and Mr. Smith of Texas):
H.R. 2852. A bill to amend title 10, United States Code, to
repeal certain limitations on the operation of Department of
Defense depots; to the Committee on National Security.
By Mr. CRANE (for himself and Mr. Rangel):
H.R. 2853. A bill to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Bulgaria; to the Committee on Ways and
Means.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Allard,
Mr. Barrett of Nebraska, Mr. Ewing, Mr. Combest, Mr.
Boehner, Mr. Chambliss, and Mr. Nethercutt):
H.R. 2854. A bill to modify the operation of certain
agricultural programs; to the Committee on Agriculture, and
in addition to the Committee on Ways and Means, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Martini,
and Mr. Greenwood):
H.R. 2855. A bill to provide that the President, Vice
President, members of the President's Cabinet, and Members of
Congress shall not be paid during a Federal Government
shutdown; to the Committee on Government Reform and
Oversight, and in addition to the Committee on House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MILLER of California (for himself, Mr.
Torricelli, Mr. Towns, Ms. McKinney, Ms. Furse, Mr.
Faleomavaega, Ms. Rivers, Mr.
[[Page 43]]
Moran, Mr. Waxman, Mr. Torres, Mr. Manton, Mrs. Mink
of Hawaii, Mr. Johnston of Florida, Mrs. Morella, Mr.
Evans, Ms. Pelosi, Mr. Dellums, Mr. Lewis of Georgia,
Mr. Brown of California, Mr. Beilenson, Mr. Yates,
and Ms. Eshoo):
H.R. 2856. A bill to amend the Marine Mammal Protection Act
of 1972 to uphold the integrity of the U.S. tuna labeling
program, support the International Dolphin Conservation
Program in the eastern tropical Pacific Ocean, and for other
purposes; to the Committee on Resources, and in addition to
the Committees on Commerce, International Relations, and Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. MINK of Hawaii (for herself, Mr. Abercrombie,
Mr. Miller of California, Ms. Pelosi, Ms. Jackson-
Lee, Mr. Moran, Mr. Hoyer, and Mr. Dellums):
H.R. 2857. A bill to provide for relief to Federal
employees, Federal contractors, and employees of Federal
contractors for expenses incurred as a result of nonpayment
of basic pay or impediments against contract performance
arising from lapses in appropriations; to the Committee on
Government Reform and Oversight.
By Mr. SMITH of New Jersey:
H.R. 2858. A bill to amend chapters 83 and 84 of title 5,
United States Code, to provide that any survivor annuity for
a child that terminates by reason of such child marrying
shall resume, absent any other disqualifying event or
condition, if and when that marriage ends; to the Committee
on Government Reform and Oversight.
By Mr. TATE:
H.R. 2859. A bill to authorize the Secretary of the Army to
exchange a certain parcel of real property at Fort Lewis, WA;
to the Committee on National Security.
By Mr. WHITFIELD:
H.R. 2860. A bill to repeal restrictive provisions of
Federal law relating to colored margarine; to the Committee
on Commerce.
By Mr. DREIER (for himself, Mr. Tauzin, and Mr.
Zimmer):
H.R. 2861. A bill to amend the Internal Revenue Code of
1986 to exclude long-term capital gains from gross income; to
the Committee on Ways and Means.
By Mr. KASICH:
H. Con. Res. 131. Concurrent resolution establishing
procedures making the transmission of the continuing
resolution (H.J. Res. 134) to the President contingent upon
the submission by the President of a 7-year balanced budget
using updated economic and technical assumptions of the
Congressional Budget Office; to the Committee on Rules.
By Ms. DUNN of Washington:
H. Con. Res. 132. Concurrent resolution relating to the
extradition of Martin Pang from Brazil to the United States;
to the Committee on International Relations.
By Mr. ROTH:
H. Res. 335. Resolution to congratulate the Green Bay
Packers of the National Football League on winning its first
National Football Conference [NFC] Central Division title in
23 years and to commend Quarterback Brett Favre for being
recognized as the National Football League's Most Valuable
Player; to the Committee on Government Reform and Oversight.
By Mrs. KENNELLY:
H. Res. 337. Resolution electing Jesse L. Jackson, Jr., of
Illinois to the Committee on Banking and Financial Services;
considered and agreed to.
By Mr. TAYLOR of Mississippi (for himself, Mr.
Montgomery, Mr. Parker, Mr. Thompson, Mr. Wicker, Mr.
Watts of Oklahoma, and Mr. Largent):
H. Res. 339. Resolution to congratulate Brett Favre, a
native of Fenton, MS, for winning the 1995 National Football
League Most Valuable Player Award; to the Committee on
Government Reform and Oversight.
Mr. BOEHNER introduced a concurrent resolution (H. Con.
Res. 133) providing for an adjournment of the two Houses;
which was considered and agreed to.
para.3.47 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
185. By the SPEAKER: Memorial of the General Assembly of
the State of California, relative to the release of Jimmy
Tran from prison in Vietnam; to the Committee on
International Relations.
186. Also, memorial of the General Assembly of the State of
California, relative to human rights violations and political
oppression in Vietnam; to the Committee on International
Relations.
187. Also, memorial of the Legislature of the Virgin
Islands, relative to adoption of the Florida Senate
Resolution relating to the Republic of China on Taiwan; to
the Committee on International Relations.
188. Also, memorial of the General Assembly of the State of
California, relative to cultural antiquities; to the
Committee on International Relations.
189. Also, memorial of the General Assembly of the State of
California, relative to dedication of a Pearl Harbor Memorial
in Washington, DC; to the Committee on Resources.
190. Also, memorial of the General Assembly of the State of
California, relative to the involvement of the U.S. Army
Corps of Engineers in flood control projects within the
State; to the Committee on Transportation and Infrastructure.
191. Also, memorial of the General Assembly of the State of
California, relative to Social Security; to the Committee on
Ways and Means.
192. Also, memorial of the General Assembly of the State of
California, relative to child support enforcement; to the
Committee on Ways and Means.
para.3.48 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Franks of New Jersey and Mr. Blute.
H.R. 305: Ms. Harman.
H.R. 497: Mrs. Fowler.
H.R. 573: Mr. Gene Green of Texas.
H.R. 580: Mr. Traficant.
H.R. 619: Mr. Coyne.
H.R. 620: Mr. Coyne.
H.R. 991: Mr. Johnson of South Dakota.
H.R. 1160: Ms. McKinney.
H.R. 1305: Mr. Fattah and Mr. Olver.
H.R. 1552: Mr. Vento, Mr. Schiff, and Ms. Harman.
H.R. 1619: Mr. Brewster and Mr. Hutchinson.
H.R. 2008: Mr. Coyne.
H.R. 2011: Ms. Slaughter and Mr. Watt of North Carolina.
H.R. 2143: Mr. Coyne.
H.R. 2202: Mr. Frazer.
H.R. 2246: Ms. Velazquez and Ms. Lofgren.
H.R. 2458: Mr. Sisisky, Ms. Lofgren, Mr. LoBiondo, Mrs.
Lowey, and Mr. Shays.
H.R. 2472: Mr. Frazer, Mrs. Slaughter, Mr. Pastor, Ms.
Brown of Florida, and Mr. Visclosky.
H.R. 2557: Mr. Thornberry, Mr. Condit, Mr. Hastings of
Washington, and Mr. Zimmer.
H.R. 2579: Ms. Harman, Mr. Scott, Mr. Souder, Mr. Wamp, Mr.
Payne of New Jersey, Mr. Miller of California, and Mr.
Waxman.
H.R. 2639: Mr. Barrett of Wisconsin and Mr. Wynn.
H.R. 2651: Mr. Cramer, Mr. Mica, Mr. Burton of Indiana, Mr.
Poshard, Mr. Fattah, Ms. Ros-Lehtinen, Mr. Holden, and Mr.
Hilliard.
H.R. 2652: Mr. Johnson of South Dakota, Mrs. Lowey, Mr.
Nadler, Mr. Wyden, Mr. Sabo, Mrs. Morella, Mr. Lewis of
Georgia, Mr. Klink, Mr. Shays, Ms. Furse, and Mr. Coyne.
H.R. 2655: Mr. Manton.
H.R. 2658: Mr. Davis, Mr. Holden, Mr. Lantos, Ms. Lofgren,
Mr. Payne of Virginia, Mr. Sanders, Mr. Wynn, Mr. Owens, and
Mr. Minge.
H.R. 2664: Mr. Weller.
H.R. 2671: Mr. Shays, Mr. Wynn, Mr. Payne of Virginia, and
Mr. Upton.
H.R. 2690: Mr. McDermott, Mr. Gonzalez, and Mr. Oxley.
H.R. 2691: Mr. Payne of New Jersey, Ms. Lofgren, and Ms.
Jackson-Lee.
H.R. 2700: Mr. Bonilla, Mr. Doggett, Mr. Laughlin, Mr.
Combest, Mr. DeLay, Ms. Eddie Bernice Johnson of Texas, Ms.
Jackson-Lee, Mr. Fields of Texas, and Mr. Archer.
H.R. 2716: Mr. Rangel.
H.R. 2731: Mr. Bono.
H.R. 2745: Mr. Farr, Mr. Conyers, Mr. Jacobs, and Mr.
Cardin.
H.R. 2757: Mrs. Smith of Washington.
H.R. 2785: Mr. Farr, Mr. Frazer, Mr. Baldacci, Mr. Watt of
North Carolina, Mr. Studds, and Mr. Ward.
H.R. 2803: Mr. Rogers and Mr. Conyers.
H.R. 2828: Mr. Davis.
H.R. 2837: Mrs. Collins of Illinois, Mr. Deutsch, Mr.
Bateman, Mr. Lipinski, Mr. Pastor, and Mr. Gonzalez.
H.R. 2839: Mr. Filner and Mr. Fox.
H.R. 2848: Mr. Solomon and Mr. LaTourette.
H.J. Res. 89: Mr. Martini and Mr. Gene Green of Texas.
H.J. Res. 155: Mr. Engel, Mr. Rangel, Mr. Olver, Mr.
Hinchey, Mr. Vento, Mr. Pastor, and Ms. McCarthy.
H. Con. Res. 130: Mr. Montgomery.
H.R. 444: Ms. Harman.
H.R. 2386: Ms. Harman.
H. Res. 333: Mr. McHale, Mr. Hinchey, Ms. Furse, and Mr.
Barrett of Wisconsin.
para.3.49 petitions, etc.
Under clause 1 of rule XXII,
51. The SPEAKER presented a petition of the Board of
Commissioners of Cook County, IL, relative to support for the
retention of section 936 in its present form under the U.S.
Internal Revenue Code; which was referred to the Committee on
Ways and Means.
.
MONDAY, JANUARY 22, 1996 (4)
para.4.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. EVERETT,
who laid before the House the following communication:
Washington, DC,
January 22, 1996.
I hereby designate the Honorable Terry Everett to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.4.2 approval of the journal
The SPEAKER pro tempore, Mr. EVERETT, announced he had exam
[[Page 44]]
ined and approved the Journal of the proceedings of Friday, January 5,
1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.4.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1931. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of January 1, 1996,
pursuant to 2 U.S.C. 685(e), (H. Doc. No. 104-166); to the
Committee on Appropriations and ordered to be printed.
1932. A letter from the Adjutant General, the Veterans of
Foreign Wars of the United States, transmitting proceedings
of the 96th National Convention of the Veterans of Foreign
Wars of the United States, held in Phoenix, AZ, August 19 to
25, 1995, pursuant to 36 U.S.C. 118 and 44 U.S.C. 1332 (H.
Doc. No. 104-163); to the Committee on National Security and
ordered to be printed.
1933. A communication from the President of the United
States, transmitting notification that the national emergency
regarding terrorists who threaten to disrupt the Middle East
peace process is to continue in effect beyond January 23,
1996, pursuant to 50 U.S.C. 1622(d) (H. Doc. No. 104-167); to
the Committee on International Relations and ordered to be
printed.
1934. A letter from the Chairman, Defense Nuclear
Facilities Safety Board, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1935. A letter from the Acting Chairman, National
Bankruptcy Review Commission, transmitting, the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Reform and Oversight.
1936. A letter from the Chief Administrative Officer,
Postal Rate Commission, transmitting, a report of activities
under the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
1937. A letter from the Secretary, Postal Rate Commission,
transmitting, a copy of the annual report in compliance with
the Government in the Sunshine Act during the calendar year
1995, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Reform and Oversight.
1938. A letter from the Secretary of Energy, transmitting,
the annual report under the Federal Managers; Financial
Integrity Act for fiscal year 1995, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Reform and
Oversight.
1939. A letter from the Chairman, U.S. Merit Systems
Protection Board, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b; to the
Committee on Government Reform and Oversight.
1940. A letter from the Special Counsel, U.S. Office of
Special Counsel, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1941. A letter from the Assistant Attorney General of the
United States, transmitting a draft of proposed legislation
entitled, the ``Enhanced Prosecution of Dangerous Juvenile
Offenders Act of 1995''; to the Committee on the Judiciary.
para.4.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill and concurrent resolution of
the following titles, in which the concurrence of the House is
requested:
S. 1260. An Act to reform and consolidate the public and
assisted housing programs of the United States, and to
redirect primary responsibility for these programs from the
Federal Government to States and localities, and for other
purposes.
S. Con. Res. 39. Concurrent resolution providing for the
State of the Union Address by the President of the United
States.
para.4.5 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. EVERETT, laid before the House a
communication, which was read as follows:
U.S. House of Representatives,
Washington, DC, January 10, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Wednesday, January 10,
1996 at 12:40 p.m.: that the Senate passes S. Con. Res. 38;
that the Senate receded from Senate amendment H.R. 1606; that
the Senate passed without amendment H.R. 2061; that the
Senate passed with amendments H.R. 2353; and that the Senate
passed without amendment H. Con. Res. 133.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.4.6 permission to file conference report
On motion of Mr. STUMP, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 104-450) on the bill of the Senate (S.
1124) to authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
para.4.7 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.4.8 joint session to receive the president
The SPEAKER pro tempore, Mr. EVERETT, laid before the House the
following privileged concurrent resolution (S. Con. Res. 39):
Resolved by the Senate (the House of Representatives
concurring), That the two Houses of Congress assemble in the
Hall of the House of Representatives on Tuesday, January 23,
1996, at 9 p.m., for the purpose of receiving such
communication as the President of the United States shall be
pleased to make to them.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.4.9 hour of meeting
On motion of Mr. SMITH of Texas, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
12:30 p.m. on Tuesday, January 23, 1996.
para.4.10 hour of meeting
On motion of Mr. SMITH of Texas, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, January 23, 1996, it
adjourn to meet at 12 o'clock noon on Wednesday, January 24, 1996.
para.4.11 calendar wednesday business dispensed with
On motion of Mr. SMITH of Texas, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
January 24, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.4.12 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. EVERETT, laid before the House a
communication, which was read as follows:
U.S. House of Representatives,
Washington, DC, January 10, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
clause 5 of rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Wednesday, January
10, 1996 at 11:50 a.m. and said to contain a message from the
President wherein he returns without his approval H.R. 4, the
``Personal Responsibility and Work Opportunity Act of 1995.''
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.4.13 veto of h.r. 4
The Clerk then read the veto message from the President, as follows:
To the House of Representatives:
I am returning herewith without my approval H.R. 4, the ``Personal
Responsibility and Work Opportunity Act of 1995.'' In disapproving H.R.
4, I am nevertheless determined to keep working with the Congress to
enact real, bipartisan welfare reform. The current welfare system is
broken and must be replaced, for the sake of the taxpayers who pay for
it and the people who are trapped by it. But H.R. 4 does too little to
move people from welfare to work. It is burdened with deep budget cuts
and structural changes that fall short of real reform. I urge the
Congress to work with me in good faith to produce a bipartisan welfare
reform agreement that is tough on work and responsi
[[Page 45]]
bility, but not tough on children and on parents who are responsible and
who want to work.
The Congress and the Administration are engaged in serious
negotiations toward a balanced budget that is consistent with our
priorities--one of which is to ``reform welfare,'' as November's
agreement between Republicans and Democrats made clear. Welfare reform
must be considered in the context of other critical and related issues
such as Medicaid and the Earned Income Tax Credit. Americans know we
have to reform the broken welfare system, but they also know that
welfare reform is about moving people from welfare to work, not playing
budget politics.
The Administration has and will continue to set forth in detail our
goals for reform and our objections to this legislation. The
Administration strongly supported the Senate Democratic and House
Democratic welfare reform bills, which ensured that States would have
the resources and incentives to move people from welfare to work and
that children would be protected. I strongly support time limits, work
requirements, the toughest possible child support enforcement, and
requiring minor mothers to live at home as a condition of assistance,
and I am pleased that these central elements of my approach have been
addressed in H.R. 4.
We remain ready at any moment to sit down in good faith with
Republicans and Democrats in the Congress to work out an acceptable
welfare reform plan that is motivated by the urgency of reform rather
than by a budget plan that is contrary to America's values. There is a
bipartisan consensus around the country on the fundamental elements of
real welfare reform, and it would be a tragedy for this Congress to
squander this historic opportunity to achieve it. It is essential for
the Congress to address shortcomings in the legislation in the
following areas:
--Work and Child Care: Welfare reform is first and foremost about
work. H.R. 4 weakens several important work provisions that are
vital to welfare reform's success. The final welfare reform
legislation should provide sufficient child care to enable
recipients to leave welfare for work; reward States for placing
people in jobs; restore the guarantee of health coverage for poor
families; require States to maintain their stake in moving people
from welfare to work; and protect States and families in the event
of economic downturn and population growth. In addition, the
Congress should abandon efforts included in the budget
reconciliation bill that would gut the Earned Income Tax Credit, a
powerful work incentive that is enabling hundreds of thousands of
families to choose work over welfare.
--Deep Budget Cuts and Damaging Structural Changes: H.R. 4 was
designed to meet an arbitrary budget target rather than to achieve
serious reform. The legislation makes damaging structural changes
and deep budget cuts that would fall hardest on children and
undermine States' ability to move people from welfare to work. We
should work together to balance the budget and reform welfare, but
the Congress should not use the words ``welfare reform'' as a cover
to violate the Nation's values. Making $60 billion in budget cuts
and massive structural changes in a variety of programs, including
foster care and adoption assistance, help for disabled children,
legal immigrants, food stamps, and school lunch is not welfare
reform. The final welfare reform legislation should reduce the
magnitude of these budget cuts and the sweep of structural changes
that have little connection to the central goal of work-based
reform. We must demand responsibility from young mothers and young
fathers, not penalize children for their parents' mistakes. I am
deeply committed to working with the Congress to reach bipartisan
agreement on an acceptable welfare reform bill that addresses these
and other concerns. We owe it to the people who sent us here not to
let this opportunity slip away by doing the wrong thing or failing
to act at all.
William J. Clinton.
The White House, January 9, 1996.
The SPEAKER pro tempore, Mr. EVERETT, ordered that the veto message,
together with the accompanying bill, be printed (H. Doc. 104-164) and
spread upon the pages of the Journal of the House.
On motion of Mr. BUNNING, by unanimous consent, the veto message and
accompanying bill were referred to the Committee on Ways and Means.
para.4.14 message from the president--national emergency with respect
to libya
The SPEAKER pro tempore, Mr. EVERETT, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of July 12, 1995, concerning the national emergency with respect
to Libya that was declared in Executive Order No. 12543 of January 7,
1986. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c); section 204(c) of the
International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c);
and section 505(c) of the International Security and Development
Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c).
1. On January 3, 1996, I renewed for another year the national
emergency with respect to Libya pursuant to IEEPA. This renewal extended
the current comprehensive financial and trade embargo against Libya in
effect since 1986. Under these sanctions, all trade with Libya is
prohibited, and all assets owned or controlled by the Libyan government
in the United States or in the possession or control of U.S. persons are
blocked.
2. There has been one amendment to the Libyan Sanctions Regulations,
31 C.F.R. Part 550 (the ``Regulations''), administered by the Office of
Foreign Assets Control (FAC) of the Department of the Treasury, since my
last report on July 12, 1995. The amendment (60 Fed. Reg. 37940-37941,
July 25, 1995) added three hotels in Malta to appendix A, Organizations
Determined to Be Within the Term ``Government of Libya'' (Specifically
Designated Nationals (SDNs) of Libya). A copy of the amendment is
attached to this report.
Pursuant to section 550.304(a) of the Regulations, FAC has determined
that these entities designated as SDNs are owned or controlled by, or
acting or purporting to act directly or indirectly on behalf of, the
Government of Libya, or are agencies, instrumentalities, or entities of
that government. By virtue of this determination, all property and
interests in property of these entities that are in the United States or
in the possession or control of U.S. persons are blocked. Further, U.S.
persons are prohibited from engaging in transactions with these entities
unless the transactions are licensed by FAC. The designations were made
in consultation with the Department of State.
3. During the current 6-month period, FAC made numerous decisions with
respect to applications for licenses to engage in transactions under the
Regulations, issuing 54 licensing determinations--both approvals and
denials. Consistent with FAC's ongoing scrutiny of banking transactions,
the largest category of license approvals (20) concerned requests by
Libyan and non-Libyan persons or entities to unblock transfers
interdicted because of an apparent Government of Libya interest. A
license was also issued to a local taxing authority to foreclose on a
property owned by the Government of Libya for failure to pay property
tax arrearages.
4. During the current 6-month period, FAC continued to emphasize to
the international banking community in the United States the importance
of identifying and blocking payments made on or behalf of Libya. The
Office worked closely with the banks to implement new interdiction
software systems to identify such payments. As a result, during the
reporting period, more than 107 transactions potentially involving
Libya, totaling more than $26.0 million, were interdicted. As of
December 4, 23 of these transactions had been authorized for release,
leaving a net amount of more than $24.6 million blocked.
Since my last report, FAC collected 27 civil monetary penalties
totaling more than $119,500, for violations of the U.S. sanctions
against Libya. Fourteen of the violations involved the failure of banks
or credit unions to block funds transfers to Libyan-owned or -con
[[Page 46]]
trolled banks. Two other penalties were received from corporations for
export violations or violative payments to Libya for unlicensed
trademark transactions. Eleven additional penalties were paid by U.S.
citizens engaging in Libyan oilfield-related transactions while another
40 cases involving similar violations are in active penalty processing.
In November 1995, guilty verdicts were returned in two cases
involving illegal exportation of U.S. goods to Libya. A jury in Denver,
Colorado, found a Denver businessman guilty of violating the
Regulations and IEEPA when he exported 50 trailers from the United
States to Libya in 1991. A Houston, Texas, jury found three individuals
and two companies guilty on charges of conspiracy and violating the
Regulations and IEEPA for transactions relating to the 1992 shipment of
oilfield equipment from the United States to Libya. Also in November, a
Portland, Oregon, lumber company entered a two-count felony information
plea agreement for two separate shipments of U.S.-origin lumber to
Libya during 1993. These three actions were the result of lengthy
criminal investigations begun in prior reporting periods. Several other
investigations from prior reporting periods are continuing and new
reports of violations are being pursued.
5. The expenses incurred by the Federal Government in the 6-month
period from July 6, 1995, through January 5, 1996, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the Libyan national emergency are estimated at
approximately $990,000. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign
Assets Control, the Office of the General Counsel, and the U.S. Customs
Service), the Department of State, and the Department of Commerce.
6. The policies and actions of the Government of Libya continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. In adopting UNSCR 883 in November
1993, the Security Council determined that the continued failure of the
Government of Libya to demonstrate by concrete actions its renunciation
of terrorism, and in particular its continued failure to respond fully
and effectively to the requests and decisions of the Security Council
in Resolutions 731 and 748, concerning the bombing of the Pan Am 103
and UTA 772 flights, constituted a threat to international peace and
security. The United States will continue to coordinate its
comprehensive sanctions enforcement efforts with those of other U.N.
member states. We remain determined to ensure that the perpetrators of
the terrorist acts against Pan Am 103 and UTA 772 are brought to
justice. The families of the victims in the murderous Lockerbie bombing
and other acts of Libyan terrorism deserve nothing less. I shall
continue to exercise the powers at my disposal to apply economic
sanctions against Libya fully and effectively, so long as those
measures are appropriate, and will continue to report periodically to
the Congress on significant developments as required by law.
William J. Clinton.
The White House, January 22, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-165).
para.4.15 subpoena
The SPEAKER pro tempore, Mr. EVERETT, laid before the House a
communication, which was read as follows:
Congress of the United States,
Washington, DC, January 3, 1996.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: Pursuant to Rule L (50) of the Rules of
the House of Representatives, this is to formally notify you
that Thomas B. Boutall of my district office in Fairview
Park, Ohio, has been served with a subpoena that was issued
by the Cuyahoga County Court of Common Pleas (Ohio) in the
matter of Nix v. Hill.
After consultation with the Office of General Counsel, it
has been determined that compliance with the subpoena is
consistent with the precedents and privileges of the U.S.
House of Representatives.
Very truly yours,
Martin R. Hoke,
Member of Congress.
para.4.16 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, a bill of the House of the following title:
On January 6, 1996:
H.R. 1358. An Act to require the Secretary of Commerce to
convey to the Commonwealth of Massachusetts the National
Marine Fisheries Service laboratory located on Emerson Avenue
in Gloucester, Massachusetts.
And then,
para.4.17 adjournment
On motion of Mr. OWENS, pursuant to the special order heretofore
agreed to, at 3 o'clock and 30 minutes p.m., the House adjourned until
12:30 p.m., Tuesday, January 23, 1996.
para.4.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SPENCE: Committee of Conference. conference report on
S. 1124. An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of Defense, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes (Rept. No. 104-450).
Ordered to be printed.
para.4.19 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
[The following action occurred on January 12, 1996]
H.R. 1816. Referral to the Committee on Commerce extended
for a period ending not later than July 1, 1996.
para.4.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. KENNELLY (for herself, Mr. Sabo, Mr. Gibbons,
Mr. Matsui, Mr. Kleczka, Mr. Stark, Mr. Neal of
Massachusetts, Mr. McDermott, Mr. Levin, Mr. Rangel,
Mr. Ford, Mr. Cardin, Mr. Payne of Virginia, Mr.
Coyne, Mr. Lewis of Georgia, and Mr. Gephardt):
H.R. 2862. A bill to permanently increase the public debt
limit; to the Committee on Ways and Means.
By Ms. McKINNEY.
H.R. 2863. A bill making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1996, and for other
purposes; to the Committee on Appropriations.
para.4.21 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
193. By the SPEAKER. Memorial of the General Assembly of
the State of California, relative to the enactment of a
National Spaceport Program; to the Committee on Science.
194. Also, memorial of the General Assembly of the State of
California, relative to the Veterans' hospital facilities at
Travis Air Force Base; to the Committee on Veterans' Affairs.
para.4.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 42: Mr. Kennedy of Massachusetts.
H.R. 205: Ms. Harman.
H.R. 1143: Ms. Harman.
H.R. 1144: Ms. Harman.
H.R. 1145: Ms. Harman.
H.R. 1189: Mr. Meehan.
H.R. 1462: Mr. Olver, Mr. Kildee, Mrs. Johnson of
Connecticut, Mr. Volkmer, Mr. Manton, and Mr. Stockman.
H.R. 1547: Mr. DeFazio.
H.R. 1573: Mr. LoBiondo.
H.R. 1771: Mr. Lewis of Georgia.
H.R. 2270: Mr. Bachus, Mr. Cooley, Mr. Coble, and Mr.
McKeon.
H.R. 2276: Mr. Stark, Mr. Sisisky, and Mr. Pickett.
H.R. 2364: Mr. Crapo.
H.R. 2463: Mrs. Mink of Hawaii.
H.R. 2618: Mr. Stark.
H.R. 2657: Mr. Martini.
H.R. 2697: Mr. McDermott, Mr. DeFazio, and Mr. Frank of
Massachusetts.
H.R. 2755: Mr. Gejdenson and Mrs. Schroeder.
H. Con. Res. 63: Mr. Barr and Mr. Dornan.
H. Res. 30: Mr. Brewster and Mrs. Lincoln.
H. Res. 333: Mr. Luther and Mr. Hamilton.
[[Page 47]]
.
TUESDAY, JANUARY 23, 1996 (5)
para.5.1 designation of speaker pro tempore
The House was called to order at 12:30 o'clock p.m. by the SPEAKER pro
tempore, Mr. GOODLING, who laid before the House the following
communication:
Washington, DC,
January 23, 1996.
I hereby designate the Honorable William F. Goodling to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.5.2 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a concurrent
resolution of the House of the following title:
H. Con. Res. 123. Concurrent resolution to provide for the
provisional approval of regulations applicable to certain
covered employing offices and covered employees and to be
issued by the Office of Compliance before January 23, 1996.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.5.3 recess--1:33 p.m.
The SPEAKER pro tempore, Mr. GOODLING, pursuant to clause 12 of rule
I, declared the House in recess until 2 o'clock p.m.
para.5.4 after recess--2:00 p.m.
The SPEAKER called the House to order.
para.5.5 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, January 22, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.5.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1942. A letter from the Director, Congressional Budget
Office, transmitting CBO's final sequestration report for
fiscal year 1996, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-587); to the Committee on
Appropriations.
1943. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to transfer by sale the ship
U.S.S. Edenton to the Government of Spain, pursuant to 10
U.S.C. 7307(b)(2); to the Committee on National Security.
1944. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to transfer by sale the
following ships, the U.S.S. Affray, the U.S.S. Fortify, and
the U.S.S. Exultant to the Taiwanese Navy, pursuant to 10
U.S.C. 7307(b)(2); to the Committee on National Security.
1945. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to transfer by sale the ship
U.S.S. James M. Gillis to the Government of Mexico, pursuant
to 10 U.S.C. 7307(b)(2); to the Committee on National
Security.
1946. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to transfer by sale the
following ships, the U.S.S. Beaufort, and the U.S.S.
Brunswick to the Government of Korea, pursuant to 10 U.S.C.
7307(b)(2); to the Committee on National Security.
1947. A letter from the Deputy Assistant Secretary
(Industrial Affairs), Department of Defense, transmitting the
strategic and critical materials report during the period
October 1994 through September 1995, pursuant to 50 U.S.C.
98h-2(b); to the Committee on National Security.
1948. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting a report on credit for
small businesses and small farms in 1995, pursuant to section
477 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 [FDICIA]; to the Committee on Banking and
Financial Services.
1949. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning a
cooperative project with Israel on the Arrow Deployability
Program [ADP] (Transmittal No. 02-96), pursuant to 22 U.S.C.
2767(f); to the Committee on International Relations.
1950. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-8: Suspending Restrictions
on U.S. Relations with the Palestine Liberation Organization,
pursuant to Public Law 103-236, section 583(b)(2) (108 Stat.
489); to the Committee on International Relations.
1951. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-180,
``Community Development Corporations Money Lender Licensing
Fee and Bonding Exemption Temporary Amendment Act of 1995,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
1952. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-181, ``Budget
Support Act of 1995,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
1953. A letter from the Manager, Benefits Communications,
Ninth Farm Credit District, transmitting the annual report
for the plan year ended December 31, 1994, pursuant to 31
U.S.C. 9503(a)(1)(B); to the Committee on Government Reform
and Oversight.
1954. A letter from the Administrator, Panama Canal
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1955. A letter from the Administrator, Small Business
Administration, transmitting the semiannual report of the
inspector general for the period April 1, 1995, through
September 30, 1995, and the semiannual report of management
on final actions, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
1956. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
1957. A letter from the executive director, American
Chemical Society, transmitting the society's annual report
for the calendar year 1994 and the comprehensive report to
the board of directors of the American Chemical Society on
the examination of their books and records for the year
ending December 31, 1994, pursuant to 36 U.S.C. 1101(2) and
1103; to the Committee on the Judiciary.
1958. A letter from the Under Secretary of Defense,
transmitting a report for fiscal year 1995 to identify the
contracts that were awarded in excess of the dollar threshold
in section 4(11) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(11)) pursuant to a waiver of the
prohibition on contracting with a foreign entity unless that
entity certifies that it does not comply with the secondary
Arab boycott of Israel, pursuant to 10 U.S.C. 2401i; jointly,
to the Committees on National Security and Appropriations.
para.5.7 corrections calendar
Pursuant to clause 4, rule XIII,
The SPEAKER pro tempore, Mr. WHITE, directed the Corrections Calendar
to be called.
When,
para.5.8 constructed water conveyances
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 2567) to amend
the Federal Water Pollution Control Act relating to standards for
constructed water conveyances.
When said bill was considered and read twice.
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 4 of rule XIII,
recognized Mr. SHUSTER and Mr. BORSKI, each for 30 minutes.
The following amendment recommended by the Committee on Transportation
and Infrastructure, was submitted:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Constructed Water
Conveyances Reform Act of 1995''.
SEC. 2. CONSTRUCTED WATER CONVEYANCES.
Section 303(c)(2) of the Federal Water Pollution Control
Act (33 U.S.C. 1313(c)(2)) is amended by adding at the end
the following:
``(C) Standards for constructed water conveyances.--
``(i) Relevant factors.--If a State exercises jurisdiction
over constructed water conveyances in establishing standards
under this section, the State shall consider any water
quality impacts resulting from any return flow from a
constructed water conveyance to navigable waters and the need
to protect downstream uses and may consider the following:
``(I) The existing and planned uses of water transported in
a conveyance system.
``(II) Management practices necessary to maintain the
conveyance system.
``(III) Any State or regional water resources management
and water conservation plans.
``(IV) The intended purposes for the constructed
conveyance.
``(ii) Relevant uses.--If a State adopts or reviews water
quality standards for constructed water conveyances, it shall
not be required to establish recreational, aquatic life, or
fish consumption uses for such systems if the uses are not
existing or reasonably foreseeable or the uses interfere with
the intended purposes of the conveyance system.
``(iii) Statutory construction.--Nothing in this
subparagraph shall be construed to require a State to
exercise jurisdiction over constructed water conveyances in
establishing standards or to prohibit a State from
considering any relevant factor in estab
[[Page 48]]
lishing standards or from establishing any relevant use.
``(iv) Constructed water conveyances defined.--In this
subparagraph, the term `constructed water conveyance' means a
manmade water transport system constructed for the purpose of
transporting water for agricultural purposes or municipal and
industrial water supply purposes in a waterway that is not
and never was a natural waterway.''.
After debate,
Pursuant to clause 4 of rule XIII, the previous question on the
amendment and the bill was considered as ordered.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. WHITE, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WHITE, announced that three-fifths of the
Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.5.9 report of committee to notify the president
``Mr. ARMEY addressed the Chair and said:
Mr. Speaker, your committee on the part of the House to join a like
committee on the part of the Senate to notify the President of the
United States that a quorum of each House has been assembled and is
ready to receive any communication that he may be pleased to make has
performed that duty.
The President asked us to report that he will be pleased to deliver
his message at 9 p.m. tonight to a joint session of the two Houses.''.
para.5.10 ruth and billy graham gold medal
Mr. CASTLE moved to suspend the rules and pass the bill (H.R. 2657) to
award a congressional gold medal to Ruth and Billy Graham.
The SPEAKER pro tempore, Mr. WHITE, recognized Mr. CASTLE and Mr.
FLAKE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WHITE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. CASTLE objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.5.11 notice requirement--consideration of resolution--question of
privileges
Mr. DOGGETT, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up the following resolution, as a question of the
privileges of the House:
Whereas, the inability of the House to pass an adjustment
in the public debt limit unburdened by the unrelated
political agenda of either party, an adjustment to maintain
the creditworthiness of the United States and to avoid
disruption of interest rates and the financial markets,
brings discredit upon the House;
Whereas, the inability of the House to pass a clean
resolution to continue normal governmental operations so as
to end the abuse of American citizens and their hard-earned
dollars, Federal employees, private businesses who perform
work for the Federal government, and those who rely upon
Federal services as a bargaining tactic to gain political
advantage in the budget negotiations, brings discredit upon
the House;
Whereas, previous inaction of the House has already cost
the American taxpayer about $1.5 billion in wasteful
governmental shutdown costs, reduced the productivity and
responsiveness of federal agencies and caused untold human
suffering;
Whereas, the failure of the House of Representatives to
adjust the federal debt limit and keep the nation from
default or to act on legislation to avert another government
shutdown impairs the dignity of the House, the integrity of
its proceedings and the esteem the public holds for the
House;
Resolved, That upon the adoption of this resolution the
enrolling clerk of the House of Representatives shall prepare
an engrossment of the bill, H.R. 2862, and the joint
resolution, H.J. Res. 157. The vote by which this resolution
is adopted by the House shall be deemed to have been a vote
in favor of such bill and a vote in favor of such joint
resolution upon final passage in the House of
Representatives. Upon engrossment of the bill and the joint
resolution, each shall be deemed to have passed the House of
Representatives and been duly certified and examined; the
engrossed copies shall be signed by the Clerk and transmitted
to the Senate for further legislative action; and (upon final
passage by both Houses) the bill and the joint resolution
shall be signed by the presiding officers of both Houses and
presented to the President for his signature (and otherwise
treated for all purposes) in the manner provided for bills
and joint resolution generally.
The SPEAKER pro tempore, Mr. WHITE, responded to the foregoing notice,
and said:
``Under rule IX, a resolution offered from the floor by a member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Speaker in the legislative schedule within two
legislative days of its being properly noticed. The Chair will announce
the Chair's designation at a later time.
``The Chair is not at this point making a determination as to whether
the resolution constitutes a question of privilege. That determination
will be made at the time designated by the Speaker for consideration of
the resolution.''.
para.5.12 saddleback mountain-arizona settlement
Mr. GALLEGLY moved to suspend the rules and pass the bill of the
Senate (S. 1341) to provide for the transfer of certain lands to the
Salt River Pima-Maricopa Indian Community and the city of Scottsdale,
Arizona, and for other purposes.
The SPEAKER pro tempore, Mr. WHITE, recognized Mr. GALLEGLY and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WHITE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GALLEGLY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.5.13 technical corrections to native american laws
Mr. GALLEGLY moved to suspend the rules and pass the bill (H.R. 2726)
to make certain technical corrections in laws relating to Native
Americans, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. WHITE, recognized Mr. GALLEGLY and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WHITE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GALLEGLY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.5.14 h.r. 2657--unfinished business
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 2657) to award a congressional gold medal to
Ruth and Billy Graham.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WHITE, announced that two-thirds of those
present had voted in the affirmative.
Mr. GALLEGLY objected to the vote on the ground that a quorum was not
present and not voting.
[[Page 49]]
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
403
When there appeared
<3-line {>
Nays
2
para.5.15 [Roll No. 13]
YEAS--403
Abercrombie
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NAYS--2
Schroeder
Slaughter
NOT VOTING--28
Armey
Berman
Bryant (TX)
Chapman
DeFazio
Dellums
Durbin
Fattah
Ford
Gibbons
Hunter
Lightfoot
Livingston
McCrery
Mollohan
Olver
Payne (NJ)
Schaefer
Tate
Torkildsen
Torricelli
Waldholtz
Ward
Waters
Waxman
Williams
Wyden
Young (AK)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.5.16 s. 1341--unfinished business
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1341) to provide for the
transfer of certain lands to the Salt River Pima-Maricopa Indian
Community and the city of Scottsdale, Arizona, and for other purposes.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WHITE, announced that two-thirds of those
present had voted in the affirmative.
Mr. GALLEGLY demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
403
<3-line {>
affirmative
Nays
1
para.5.17 [Roll No. 14]
AYES--403
Abercrombie
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (CA)
[[Page 50]]
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--1
Wilson
NOT VOTING--29
Armey
Berman
Bryant (TX)
Chapman
DeFazio
Dellums
Doolittle
Durbin
Fattah
Ford
Gibbons
Hunter
Lightfoot
Livingston
McCrery
Mollohan
Olver
Payne (NJ)
Schaefer
Tate
Torkildsen
Torricelli
Waldholtz
Ward
Waters
Waxman
Williams
Wyden
Young (AK)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.5.18 h.r. 2726--unfinished business
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2726) to make certain technical
corrections in laws relating to Native Americans, and for other
purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WHITE, announced that two-thirds of those
present had voted in the affirmative.
Mr. GALLEGLY demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
407
<3-line {>
affirmative
Nays
0
para.5.19 [Roll No. 15]
AYES--407
Abercrombie
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOT VOTING--26
Armey
Berman
Bryant (TX)
Chapman
DeFazio
Dellums
Durbin
Fattah
Ford
Gibbons
Hunter
Lightfoot
Livingston
McCrery
Mollohan
Olver
Schaefer
Tate
Torkildsen
Torricelli
Waldholtz
Ward
Waxman
Williams
Wyden
Young (AK)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.5.20 recess--4:43 p.m.
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 43 minutes p.m. until
approximately 8:40 p.m. for the purpose of receiving in joint session
the President of the United States.
para.5.21 after recess--8:48 p.m.
The SPEAKER called the House to order.
para.5.22 joint session to receive a message from the President
The Sergeant at Arms announced the Vice President and Members of the
Senate, who entered the Hall of the House and took seats assigned them,
[[Page 51]]
the Vice President taking the Chair to the right of the Speaker.
Whereupon, pursuant to Senate Concurrent Resolution 39, the SPEAKER
called the joint session of the two Houses to order.
The SPEAKER announced the appointment of Messrs. Armey, DeLay,
Boehner, Cox, Dickey, Hutchinson, Gephardt, Bonior, Fazio, Mrs.
Kennelly, Mr. Thornton, and Mrs. Lincoln as members of the Committee on
the part of the House to escort the President into the Hall of the
House.
The Vice President announced the appointment of Messrs. Dole, Lott,
Cochran, Nickles, Thurmond, Daschle, Ford, Ms. Mikulski, Messrs. Kerry,
Kerrey, Reid, Rockefeller, Dorgan, Breaux, Dodd, and Exon as members of
the committee on the part of the Senate to escort the President into the
Hall of the House.
The Sergeant at Arms announced the dean of the ambassadors, ministers,
and charges d'affaires of foreign governments, who entered the Hall of
the House and took the seat assigned to him.
The Sergeant at Arms announced the Chief Justice of the United States
and Associate Justices of the Supreme Court, who entered the Hall of the
House and took seats assigned to them.
The Sergeant at Arms announced the Members of the President's Cabinet,
who entered the Hall of the House and took seats assigned to them.
The President of the United States at 9 o'clock and 8 minutes p.m.,
escorted by the committees of the two Houses, entered the Hall of the
House and, at the Clerk's desk, delivered the following message:
Mr. Speaker, Mr. Vice President, Members of the 104th Congress,
distinguished guests, my fellow Americans all across our land: Let me
begin tonight by saying to our men and women in uniform around the world
and especially those helping peace take root in Bosnia and to their
families, I thank you. America is very, very proud of you.
My duty tonight is to report on the State of the Union, not the state
of our government but of our American community, and to set forth our
responsibilities, in the words of our Founders, to ``form a more perfect
union.''
The State of the Union is strong. Our economy is the healthiest it has
been in three decades. We have the lowest combined rates of unemployment
and inflation in 27 years. We have created nearly 8 million new jobs,
over a million of them in basic industries like construction and
automobiles. American is selling more cars than Japan for the first time
since the 1970s, and for three years in a row we have had a record
number of new businesses started in our country.
Our leadership in the world is also strong, bringing hope for new
peace. And perhaps most important, we are gaining ground and restoring
our fundamental values. The crime rate, the welfare and food stamp
rolls, the poverty rate and the teen pregnancy rate are all down. And as
they go down, prospects for America's future go up.
We live in an Age of Possibility. A hundred years ago we moved from
farm to factory. Now we move to an age of technology, information and
global competition. These changes have opened vast new opportunities for
our people, but they have also presented them with stiff challenges.
While more Americans are living better, too many of our fellow
citizens are working harder just to keep up, and they are rightly
concerned about the security of their families.
We must answer here three fundamental questions: First, how do we make
the American dream of opportunity for all a reality for all Americans
who are willing to work for it? Second, how do we preserve our old and
enduring values as we move into the future? And third, how do we meet
these challenges together as one America?
We know big government does not have all the answers. We know there's
not a program for every problem. We know and we have worked to give the
American people a smaller, less bureaucratic government in Washington.
And we have to give the American people one that lives within its means.
The era of big government is over. But we cannot go back to the time
when our citizens were left to fend for themselves. Instead, we must go
forward as one America, one nation, working together to meet the
challenges we face together. Self-reliance and teamwork are not opposing
virtues. We must have both.
I believe our new, smaller government must work in an old-fashioned
American way, together with all of our citizens through State and local
governments, in the workplace, in religious, charitable and civic
associations. Our goal must be to enable all our people to make the most
of their own lives, with stronger families, more educational
opportunities, economic security, safer streets, a cleaner environment
and a safer world.
To improve the state of our union, we must ask more of ourselves. We
must expect more of each other and we must face our challenges together.
Here in this place our responsibility begins with balancing the budget
in a way that is fair to all Americans. There is now broad bipartisan
agreement that permanent deficit spending must come to an end.
I compliment the Republican leadership and their membership for the
energy and determination you have brought to this task of balancing the
budget. And I thank the Democrats for passing the largest deficit
reduction plan in history in 1993, which has already cut the deficit
nearly in half in three years.
Since 1993, we have all begun to see the benefits of deficit
reduction. Lower interest rates have made it easier for businesses to
borrow and to invest and to create new jobs. Lower interest rates have
brought down the cost of home mortgages, car payments and credit card
rates to ordinary citizens. Now it is time to finish the job and balance
the budget.
Though differences remain among us which are significant, the combined
total of the proposed savings that are common to both plans is more than
enough, using the numbers from your Congressional Budget Office, to
balance the budget in 7 years and to provide a modest tax cut. These
cuts are real. They will require sacrifice from everyone. But these cuts
do not undermine our fundamental obligations to our parents, our
children and our future by endangering Medicare or Medicaid or education
or the environment or by raising taxes on working families.
I have said before, and let me say again, many good ideas have come
out of our negotiations. I have learned a lot about the way both
Republicans and Democrats view the debate before us. I have learned a
lot about the good ideas that each side has that we could all embrace.
We ought to resolve our remaining differences.
I am willing to work to resolve them. I am ready to meet tomorrow.
But I ask you to consider that we should at least enact the savings
that both plans have in common and give the American people their
balanced budget, a tax cut, lower interest rates, and a brighter
future. We should do that now and make permanent deficits yesterday's
legacy.
Now it is time for us to look also to the challenges of today and
tomorrow, beyond the burdens of yesterday. The challenges are
significant. But our Nation was built on challenges. America was built
on challenges, not promises. And when we work together to meet them we
never fail. That is the key to a more perfect union. Our individual
dreams must be realized by our common efforts.
Tonight I want to speak to you about the challenges we all face as a
people. Our first challenge is to cherish our children and strengthen
America's families. Families are the foundation of American life. If we
have stronger families, we will have a stronger America.
Before I go on, I would like to take just a moment to thank my own
family and to thank the person who has taught me more than anyone else,
over 25 years, about the importance of families and children, a
wonderful wife, a magnificent mother, and a great First Lady. Thank
you, Hillary.
All strong families begin with taking more responsibility for our
children. I have heard Mrs. Gore say that it is hard to be a parent
today, but it is even harder to be a child. So all of us, not just as
parents, but all of us in our other roles, our media, our schools, our
teachers, our communities, our churches and synagogues, our businesses,
our governments, all of us have a responsibility to help our children
to make it and to make the most of their lives and their God-given
capacities.
[[Page 52]]
To the media, I say you should create movies and CD's and television
shows you'd want your own children and grandchildren to enjoy.
I call on Congress to pass the requirement for a ``V chip'' in TV
sets so that parents can screen out programs they believe are
inappropriate for their children.
When parents control what their young children see, that is not
censorship; that is enabling parents to assume more personal
responsibility for their children's upbringing, and I urge them to do
it. The ``V chip'' requirement is part of the important
telecommunications bill now pending in this Congress. It has bipartisan
support, and I urge you to pass it now.
To make the ``V chip'' work, I challenge the broadcast industry to do
what movies have done: to identify your program in ways that help
parents to protect their children. And I invite the leaders of major
media corporations in the entertainment industry to come to the White
House next month to work with us in a positive way on concrete ways to
improve what our children see on television. I am ready to work with
you.
I say to those who make and market cigarettes, every year a million
children take up smoking, even though it's against the law. Three
hundred thousand of them will have their lives shortened as a result.
Our administration has taken steps to stop the massive marketing
campaigns that appeal to our children. We are simply saying, ``Market
your products to adults if you wish, but draw the line on children.''
I say to those who are on welfare and especially to those who have
been trapped on welfare for a long time, for too long our welfare
system has undermined the values of family and work instead of
supporting them. The Congress and I are near agreement on sweeping
welfare reform. We agree on time limits, tough work requirements, and
the toughest possible child support enforcement. But I believe we must
also provide child care so that mothers who are required to go to work
can do so without worrying about what is happening to their children.
I challenge this Congress to send me a bipartisan welfare reform bill
that will really move people from welfare to work and do the right
thing by our children. I will sign it immediately.
Let us be candid about this difficult problem. Passing a law, even
the best possible law, is only a first step. The next stop is to make
it work. I challenge people on welfare to make the most of this
opportunity for independence. I challenge American businesses to give
people on welfare the chance to move into the work force. I applaud the
work of religious groups and others who care for the poor. More than
anyone else in our society, they know the true difficulty of the task
before us, and they are in a position to help. Every one of us should
join them. That is the only way we can make real welfare reform a
reality in the lives of the American people.
To strengthen the family, we must do everything we can to keep the
teen pregnancy rate going down. I am gratified, as I am sure all
Americans are, that it has dropped for 2 years in a row, but we all
know it is still far too high.
Tonight I am pleased to announce that a group of prominent Americans
is responding to that challenge by forming an organization that will
support grassroots community efforts all across our country in a
national campaign against teen pregnancy. And I challenge all of us and
every American to join their efforts.
I call on American men and women in families to give greater respect
to one another. We must end the deadly scourge of domestic violence in
our country.
And I challenge America's families to work harder to stay together,
for families that stay together not only do better economically, their
children do better as well. In particular, I challenge the fathers of
this country to love and care for their children. If your family has
separated, you must pay your child support. We are doing more than ever
to make sure you do, and we are going to do more, but let's all admit
something about that, too. A check will never substitute for a parent's
love and guidance, and only you, only you, can make the decision to
help raise your children. No matter who you are, how low or high your
station in life, it is the most basic human duty of every American to
do that job to the best of his or her ability.
Our second challenge is to provide Americans with the educational
opportunities we'll all need for this new century. In our schools every
classroom in America must be connected to the information superhighway
with computers, and good software, and well-trained teachers. We are
working with the telecommunications industry, educators and parents, to
connect 20 percent of California's classrooms by this spring, and every
classroom and every library in the entire United States by the year
2000.
I ask Congress to support this education technology initiative so
that we can make sure this national partnership succeeds.
Every diploma ought to mean something. I challenge every community,
every school, and every State to adopt national standards of
excellence, to measure whether schools are meeting those standards, to
cut bureaucratic red tape so that schools and teachers have more
flexibility for grassroots reform, and to hold them accountable for
results. That's what our Goals 2000 initiative is all about.
I challenge every State to give all parents the right to choose which
public school their children will attend and to let teachers form new
schools with a charter they can keep only if they do a good job.
I challenge all our schools to teach character education, to teach
good values and good citizenship, and if it means that teenagers will
stop killing each other over designers jackets, then our public schools
should be able to require their students to wear school uniforms.
I challenge our parents to become their children's first teachers,
turn off the TV, see that the homework is done, and visit your
children's classroom. No program, no teacher, no one else can do that
for you.
My fellow Americans, higher education is more important today than
ever before. We've created a new student loan program that has made it
easier to borrow and repay those loans, and we have dramatically cut
the student loan default rate. That is something we should all be proud
of because it was unconscionably high just a few years ago. Through
AmeriCorps, our national service program, this year 25,000 young people
will earn college money by serving their local communities to improve
the lives of their friends and neighbors.
These initiatives are right for America, and we should keep them
going, and we should also work hard to open the doors of college even
wider.
I challenge Congress to expand work study and help 1 million young
Americans work their way through college by the year 2000, to provide a
$1,000 merit scholarship for the top 5 percent of graduates in every
high school in the United States, to expand Pell grant scholarships for
deserving and needy students, and to make up to $10,000 a year of
college tuition tax deductible. It is a good idea for America.
Our third challenge is to help every American who is willing to work
for it achieve economic security in this new age. People who work hard
still need support to get ahead in the new economy, they need education
and training for a lifetime, they need more support for families
raising children, they need retirement security, they need access to
health care. More and more Americans are finding that the education of
their childhood simply doesn't last a lifetime. So I challenge Congress
to consolidate 70 overlapping, antiquated job training programs into a
simple voucher worth $2,600 for unemployed or underemployed workers to
use as they please for community college tuition or other training.
This is a GI bill for America's workers we should all be able to agree
on.
More and more Americans are working hard without a raise. Congress
sets the minimum wage. Within a year the minimum wage will fall to a
40-year low in purchasing power. Four dollars and twenty-five cents an
hour is no longer a minimum wage, but millions of Americans and their
children are trying to live on it. I challenge you to raise their
minimum wage.
In 1993 Congress cut the taxes of 15 million hard-pressed working
families to make sure that no parents who work full time would have to
raise their children in poverty and to encourage people to move from
welfare to work. This
[[Page 53]]
expanded Earned Income Tax Credit is now worth about $1,800 a year to a
family of four living on $20,000. The budget bill I vetoed would have
reversed this achievement and raised taxes on nearly 8 million of these
people. We should not do that. We should not do that.
But I also agree that the people who are helped under this initiative
are not all those in our country who are working hard to do a good job
raising their children and that work. I agree that we need a tax credit
for working families with children. That's one of the things most of us
in this Chamber, I hope, can agree on. I know it is strongly supported
by the Republican majority, and it should be part of any final budget
agreement.
I want to challenge every business that can possibly afford it to
provide pensions for your employees, and I challenge Congress to pass a
proposal recommended by the White House Conference on Small Business
that would make it easier for small businesses and farmers to establish
their own pension plans. That is something we should all agree on.
2140
We should also protect existing pension plans. Two years ago, with
bipartisan support, it was almost unanimous on both sides of the aisle,
we moved to protect the pensions of 8 million working people and to
stabilize the pension of 32 million more. Congress should not now let
companies endanger those workers' pension funds.
I know the proposal to liberalize the ability of employers to take
money out of the pension funds for other purposes would raise money for
the Treasury, but I believe it is false economy. I vetoed that proposal
last year, and I would have to do so again.
Finally, if our working families are going to succeed in the new
economy, they must be able to buy health insurance policies that they
do not lose when they change jobs or when someone in their family gets
sick. Over the past two years, over 1 million Americans in working
families have lost their health insurance. We have to do more to make
health care available to every American, and Congress should start by
passing the bipartisan bill sponsored by Senator Kennedy and Senator
Kassebaum that would require insurance companies to stop dropping
people when they switch jobs and stop denying coverage for preexisting
conditions. Let's all do that.
And even as we enact savings in these programs, we must have a common
commitment to preserve the basic protections of Medicare and Medicaid,
not just to the poor, but to people in working families, including
children, people with disabilities, people with AIDS, senior citizens
in nursing homes. In the past three years, we have saved $15 billion
just by fighting health care fraud and abuse.
We have all agreed to save much more. We have all agreed to stabilize
the Medicare Trust Fund, but we must not abandon our fundamental
obligations to the people who need Medicare and Medicaid. America
cannot become stronger if they become weaker.
The GI Bill for Workers, tax relief for education and child-rearing,
pension availability and protection, access to health care,
preservation of Medicare and Medicaid, these things, along with the
Family and Medical Leave Act passed in 1993, these things will help
responsible, hard-working American families to make the most of their
own lives.
But employers and employees must do their part as well, as they are
doing in so many of our finest companies: working together, putting the
long-term prosperity ahead of the short-term gain. As workers increase
their hours and their productivity, employers should make sure they get
the skills they need and share the benefits of the good years as well
as the burdens of the bad ones. When companies and workers work as a
team, they do better, and so does America.
Our fourth great challenge is to take our streets back from crime and
gangs and drugs. At last we have begun to find a way to reduce crime,
forming community partnerships with local police forces to catch
criminals and prevent crime.
This strategy, called community policing, is clearly working. Violent
crime is coming down all across America. In New York City, murders are
down 25 percent; in St. Louis, 18 percent; and in Seattle, 32 percent.
But we still have a long way to go before our streets are safe and our
people are free from fear.
The Crime Bill of 1994 is critical to the success of community
policing. It provides funds for 100,000 new police in communities of
all sizes. We are already a third of the way there, and I challenge the
Congress to finish the job. Let us stick with a strategy that is
working and keep the crime rate coming down.
Community policing also requires bonds of trust between citizens and
police. I ask all Americans to respect and support our law enforcement
officers, and to our police I say, our children need you as role models
and heroes. Don't let them down.
The Brady Bill has already stopped 44,000 people with criminal
records from buying guns. The assault weapons ban is keeping 19 kinds
of assault weapons out of the hands of violent gangs. I challenge the
Congress to keep those laws on the books.
Our next step in the fight against crime is to take on gangs the way
we once took on the mob. I am directing the FBI and other investigative
agencies to target gangs that involve juveniles and violent crime, and
to seek authority to prosecute as adults teenagers who maim and kill
like adults. And I challenge local housing authorities and tenant
associations: Criminal gang members and drug dealers are destroying the
lives of decent tenants. From now on, the rule for residents who commit
crime and peddle drugs should be, one strike and you're out.
I challenge every State to match Federal policy to assure that
serious violent criminals serve at least 85 percent of their sentence.
More police and punishment are important, but they are not enough. We
have got to keep more of our young people out of trouble with
prevention strategies not dictated by Washington, but developed in
communities. I challenge all of our communities, all of our adults, to
give our children futures to say yes to, and I challenge Congress not
to abandon the Crime Bill's support of these grassroots prevention
efforts.
Finally, to reduce crime and violence, we have to reduce the drug
problem. The challenge begins in our homes with parents talking to
their children openly and firmly, and embraces our churches and
synagogues, our youth groups and our schools. I challenge Congress not
to cut our support for drug-free schools. People like these DARE
officers are making a real impression on grade school children that
will give them the strength to say no when the time comes.
Meanwhile, we continue our efforts to cut the flow of drugs into
America. For the last two years, one man in particular has been on the
front lines of that effort. Tonight I am nominating him, a hero of the
Persian Gulf War and the Commander in Chief of the United States
military's Southern Command, General Barry McCaffrey as America's new
drug czar.
General McCaffrey has earned three Purple Hearts and two Silver Stars
fighting for this country. Tonight I ask that he lead our Nation's
battle against drugs at home and abroad. To succeed, he needs a force
far larger than he has ever commanded before. He needs all of us, every
one of us has a role to play on this team. Thank you, General
McCaffrey, for agreeing to serve your country one more time.
Our fifth challenge, to leave our environment safe and clean for the
next generation. Because of a generation of bipartisan effort, we do
have cleaner water and air; lead levels in children's blood has been
cut by 70 percent; toxic emissions from factories, cut in half. Lake
Erie was dead and now it is a thriving resource. But 10 million
children under 12 still live within four miles of a toxic waste dump. A
third of us breathe air that endangers our health, and in too many
communities, the water is not safe to drink.
We still have much to do. Yet Congress has voted to cut environmental
enforcement by 25 percent. That means more toxic chemicals in our
water, more smog in our air, more pesticides in our food. Lobbyists for
our polluters have been allowed to write their own loopholes into bills
to weaken laws that protect the health and safety of our children.
Some say that the taxpayers should pick up the tab for toxic waste
and let polluters who can afford to fix it off the hook. I challenge
Congress to reex
[[Page 54]]
amine those policies and to reverse them. This issue has not been a
partisan issue. The most significant environmental gains in the last 30
years were made under a Democratic Congress and President Richard
Nixon. We can work together.
We have to believe some basic things. Do you believe we can expand
the economy without hurting the environment? I do. Do you believe we
can create more jobs over the long run by cleaning the environment up?
I know we can. That should be our commitment.
We must challenge businesses and communities to take more initiative
in protecting the environment, and we have to make it easier for them
to do it. To businesses, this administration is saying, if you can find
a cheaper, more efficient way than government regulations require to
meet tough pollution standards, do it, as long as you do it right. To
communities we say, we must strengthen community right-to-know laws
requiring polluters to disclose their emissions, but you have to use
the information to work with business to cut pollution. People do have
a right to know that their air and their water are safe.
Our sixth challenge is to maintain America's leadership in the fight
for freedom and peace throughout the world. Because of American
leadership, more people than ever before live free and at peace, and
Americans have known 50 years of prosperity and security.
We owe thanks especially to our veterans of World War II. I would
like to say to Senator Bob Dole and to all others in this Chamber who
fought in World War II; and to all others on both sides of the aisle
who have fought bravely in all of our conflicts since, I salute your
service and so do the American people.
All over the world, even after the Cold War, people still look to us
and trust us to help them seek the blessings of peace and freedom. But
as the Cold War fades in the memory, voices of isolation say, America
should retreat from its responsibilities. I say they are wrong.
The threats we face today as Americans respect no Nation's borders.
Think of them: terrorism, the spread of weapons of mass destruction,
organized crime, drug trafficking, ethnic and religious hatred,
aggression by rogue states, environmental degradation. If we fail to
address these threats today, we will suffer the consequences in all our
tomorrows.
Of course we can't be everywhere; of course we can't do everything.
But where our interests and our values are at stake and where we can
make a difference, America must lead. We must not be isolationists, we
must not be the world's policeman, but we can and should be the world's
very best peacemaker.
By keeping our military strong, by using diplomacy where we can and
force where we must, by working with others to share the risk and the
cost of our efforts, America is making a difference for people here and
around the world. For the first time since the dawn of the nuclear age,
for the first time since the dawn of the nuclear age, there is not a
single Russian missile pointed at America's children.
North Korea has now frozen its dangerous nuclear weapons program. In
Haiti, the dictators are gone, democracy has a new day, the flow of
desperate refugees to our shores has subsided. Through tougher trade
deals for America, over 80 of them, we have opened markets abroad, and
now exports are at an all-time high, growing faster than imports and
creating good American jobs.
We stood with those taking risks for peace, in Northern Ireland where
Catholic and Protestant children now tell their parents, violence must
never return; in the Middle East where Arabs and Jews who once seemed
destined to fight forever now share knowledge and resources and even
dreams.
And we stood up for peace in Bosnia. Remember the skeletal prisoners,
the mass graves, the campaigns of rape and torture, the endless lines
of refugees, the threat of a spreading war. All of these threats, all
these horrors, have now begun to give way to the promise of peace. Now
our troops and a strong NATO, together with our new partners from
Central Europe and elsewhere, are helping that peace to take hold. As
all of you know, I was just there with a bipartisan congressional
group, and I was so proud not only of what our troops were doing, but
of the pride they evidenced in what they were doing. They knew what
America's mission in this world is, and they were proud to be carrying
it out.
Through these efforts, we have enhanced the security of the American
people. But make no mistake about it, important challenges remain. The
START II treaty with Russia will cut our nuclear stockpiles by another
25 percent. I urge the Senate to ratify it now. We must end the race to
create new nuclear weapons by signing a truly comprehensive nuclear
test ban treaty this year.
As we remember what happened in the Japanese subway, we can outlaw
poison gas forever if the Senate ratifies the Chemical Weapons
Convention this year.
We can intensify the fight against terrorists and organized criminals
at home and abroad, if Congress passes the anti-terrorism legislation I
proposed after the Oklahoma City bombing now. We can help more people
move from hatred to hope all across the world in our own interest if
Congress gives us the means to remain the world's leader for peace.
My fellow Americans, the six challenges I have just discussed are for
all of us. Our seventh challenge is really America's challenge to those
of us in this hallowed hall tonight, to reinvent our government and
make our democracy work for them.
Last year this Congress applied to itself the laws it applies to
everyone else. This Congress banned gifts and meals from lobbyists.
This Congress forced lobbyists to disclose who pays them and what
legislation they are trying to pass or kill. This Congress did that and
I applaud you for it.
Now I challenge Congress to go further, to curb special interest
influence in politics by passing the first truly bipartisan campaign
finance reform bill in a generation. You, Republicans and Democrats
alike, can show the American people that we can limit spending and we
can open the airwaves to all candidates.
I also appeal to Congress to pass the line item veto you promised the
American people.
Our administration is working hard to give the American people a
government that works better and costs less. Thanks to the work of Vice
President Gore we are eliminating 16,000 pages of unnecessary rules and
regulations, shifting more decisionmaking out of Washington back to
States and local communities. As we move into the era of balanced
budgets and smaller government, we must work in new ways to enable
people to make the most of their own lives. We are helping America's
communities not with more bureaucracy but with more opportunities.
Through our successful empower- ment zones and community development
banks, we are helping people to find jobs, to start businesses. And
with tax incentives for companies that clean up abandoned industrial
properties, we can bring jobs back to places that desperately,
desperately need them. But there are some areas that the Federal
Government should not leave and should address and address strongly.
One of these areas is the problem of illegal immigration. After years
of neglect, this administration has taken a strong stand to stiffen the
protection of our borders. We are increasing border controls by 50
percent. We are increasing inspections to prevent the hiring of illegal
immigrants. And tonight I announce I will sign an executive order to
deny Federal contracts to businesses that hire illegal immigrants.
Let me be very clear about this. We are still a nation of immigrants.
We should be proud of it. We should honor every legal immigrant here
working hard to be a good citizen, working hard to become a new
citizen. But we are also a nation of laws.
I want to say a special word now to those who work for our Federal
Government. Today the Federal work force is 200,000 employees smaller
than it was the day I took office as President. Our Federal Government
today is the smallest it has been in 30 years, and it is getting
smaller every day. Most of our fellow Americans probably don't know
that. There's a good reason, a good reason. The remaining Federal work
force is composed of hard-working Americans who are now working harder
and working smarter than ever
[[Page 55]]
before to make sure the quality of our services does not decline.
I would like to give you one example. His name is Richard Dean. He is
a 49-year-old Vietnam veteran who has worked for the Social Security
Administration for 22 years now. Last year he was hard at work in the
Federal building in Oklahoma City, when the blast killed 169 people and
brought the rubble down all around him. He reentered that building four
times. He saved the lives of three women. He is here with us this
evening and I want to recognize Richard and applaud both his public
service and his extraordinary personal heroism.
But Richard Dean's story doesn't end there. This last November, he
was forced out of his office when the government shut down. And the
second time the government shut down, he continued helping Social
Security recipients, but he was working without pay.
On behalf of Richard Dean and his family and all the other people who
are out there working every day doing a good job for the American
people, I challenge all of you in this Chamber, never, ever shut the
Federal Government down again.
On behalf of all Americans, especially those who need their Social
Security payments at the beginning of March, I also challenge the
Congress to preserve the full faith and credit of the United States, to
honor the obligations of this great nation as we have for 220 years, to
rise above partisanship and pass a straightforward extension of the
debt limit and show the people America keeps its word.
I know that this evening I have asked a lot of Congress and even more
from America, but I am confident. When Americans work together in their
homes, their schools, their churches and synagogues, their civic
groups, their workplace, they can meet any challenge.
I say again, the era of big government is over, but we can't go back
to the era of fending for yourself. We have to go forward to the era of
working together as a community, as a team, as one America, with all of
us reaching across these lines that divide us, the division, the
discrimination, the rancor, we have to reach across it to find common
ground. We have got to work together, if we want America to work.
I want you to meet two more people tonight who do just that. Lucius
Wright is a teacher in the Jackson, Mississippi public school system. A
Vietnam veteran, he has created groups to help inner city children turn
away from gangs and build futures they can believe in.
Sergeant Jennifer Rogers is a police officer in Oklahoma City. Like
Richard Dean she helped to pull her fellow citizens out of the rubble
and deal with that awful tragedy. She reminds us that in their response
to that atrocity, the people of Oklahoma City lifted all of us with
their basic sense of decency and community.
Lucius Wright and Jennifer Rogers are special Americans, and I have
the honor to announce tonight that they are the very first of several
thousand Americans who will be chosen to carry the Olympic torch on its
long journey from Los Angeles to the centennial of the modern Olympics
in Atlanta this summer, not because they are star athletes but because
they are star citizens, community heroes meeting America's challenges.
They are our real champions. Please stand up.
Now each of us must hold high the torch of citizenship in our own
lives. None of us can finish the race alone. We can only achieve our
destiny together, one hand, one generation, one American connecting to
another.
There have always been things we could do together, dreams we could
make real which we could never have done on our own. We Americans have
forged our identity, our very union, from the very point of view that
we can accommodate every point on the planet, every different opinion.
But we must be bound together by a faith more powerful than any
doctrine that divides us, by our belief in progress, our love of
liberty and our relentless search for common ground. America has always
sought and always risen to every challenge.
Who would say that having come so far together we will not go forward
from here? Who would say that this Age of Possibility is not for all
Americans?
Our country is and always has been a great and good nation, but the
best is yet to come, if we all do our part.
Thank you, God bless you, and God bless the United States of America.
At 10 o'clock and 13 minutes p.m., the President of the United States
retired from the Hall of the House, followed by his Cabinet.
The Chief Justice of the United States and Associate Justices of the
Supreme Court retired from the Hall of the House.
The ambassadors, ministers and charges d'affaires of foreign
governments retired from the Hall of the House.
The SPEAKER, at 10 o'clock and 15 minutes p.m., then declared the
joint session of the two Houses dissolved.
The Vice President and Members of the Senate retired from the Hall of
the House.
para.5.23 reference of the president's message
On motion of Mr. DIAZ-BALART, the message of the President, as
delivered, together with the accompanying documents, was referred to the
Committee of the Whole House on the state of the Union and ordered to be
printed (H. Doc. 104-168).
para.5.24 waiving points of order against conference report on s. 1124
Mr. DIAZ-BALART, by direction of the Committee on Rules, reported
(Rept. No. 104-457) the resolution (H. Res. 340) waiving points of order
against the conference report to accompany the bill (S. 1124) to
authorize appropriations for fiscal year 1996 for military activities of
the Department of Defense, to prescribe personnel strengths for such
fiscal year for the Armed Forces, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.5.25 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that the
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1606. An Act to designate the United States Post
Office building located at 24 Corliss Street, Providence,
Rhode Island, as the ``Henry Kizirian Post Office Building.''
H.R. 2061. An Act to designate the Federal building located
at 1550 Dewey Avenue, Baker City, Oregon, as the ``David J.
Wheeler Federal Building.''
para.5.26 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. TORKILDSEN, for today and balance of the week; and
To Mr. TATE, for today.
And then,
para.5.27 adjournment
On motion of Mr. SCARBOROUGH, pursuant to the order of the House
agreed to on January 22, 1996, at 10 o'clock and 20 minutes p.m., the
House adjourned until 12 o'clock noon on Wednesday, January 24, 1996.
para.5.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. Diaz-Balart: Committee on Rules. House Resolution 340.
Resolution waiving points of order against the conference
report to accompany the bill (S. 1124) to authorize
appropriations for fiscal year 1996 for military activities
of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes (Rept. No. 104-451). Referred to the House
Calendar.
para.5.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HOUGHTON (for himself, Mr. Matsui, Mr. Crane,
Mr. Neal of Massachusetts, Mr. Rangel, Mr. Shaw, Mr.
English of Pennsylvania, and Mrs. Kennelly):
H.R. 2864. A bill to amend the Internal Revenue Code of
1986 to provide for 501(c)(3) bonds a tax treatment similar
to governmental bonds, and for other purposes; to the
Committee on Ways and Means.
By Mrs. MEEK of Florida:
H.R. 2865. A bill to amend the Internal Revenue Code of
1986 to increase the tax on handguns and assault weapons, to
increase the license application fee for gun dealers, and to
use the proceeds from those increases
[[Page 56]]
to pay for medical care for gunshot victims; to the Committee
on Ways and Means, and in addition to the Committees on the
Judiciary, and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SCHUMER:
H.R. 2866. A bill to amend title 18, United States Code,
with respect to health care fraud, and for other purposes; to
the Committee on the Judiciary.
By Mr. SOLOMON (for himself, Ms. Ros-Lehtinen, Mr. Sam
Johnson, Mr. Bartlett of Maryland, Mr. Dornan, Mr.
Traficant, Mr. Ewing, Mr. Hastings of Washington, and
Mr. Hilleary):
H.R. 2867. A bill to prohibit U.S. voluntary and assessed
contributions to the United Nations if the United Nations
imposes any tax or fee on U.S. persons or continues to
develop or promote proposals for such taxes or fees; to the
Committee on International Relations.
By Mr. TEJEDA (for himself, Mr. Buyer, Ms. Waters, and
Mr. Montgomery):
H.R. 2868. A bill to amend title 38, United States Code, to
make permanent alternative teacher certification programs; to
the Committee on Veterans' Affairs.
By Mr. WHITFIELD:
H.R. 2869. A bill to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Kentucky; to the Committee on Commerce.
By Mr. ZIMMER (for himself and Mr. Spratt):
H.R. 2870. A bill to eliminate the duties on Tetraamino
Biphenyl; to the Committee on Ways and Means.
By Mr. OBEY:
H.J. Res. 157. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
para.5.30 private bills and resolutions
Under clause 1 of rule XXII,
Mr. YOUNG of Florida introduced a bill (H.R. 2871) to
authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and
their tributary and connecting waters in trade with Canada
for vessel Ark; which was referred to the Committee on
Transportation and Infrastructure.
para.5.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Chambliss.
H.R. 103: Mr. Traficant, Mr. McDermott, and Ms. Ros-
Lehtinen.
H.R. 109: Mr. Hayworth.
H.R. 163: Mr. Gejdenson.
H.R. 218: Mr. Salmon, Mr. Frazer, Mr. Crapo, and Mr. King.
H.R. 359: Mr. Clement.
H.R. 497: Mr. Hansen.
H.R. 784: Mr. Pombo and Mr. Smith of Texas.
H.R. 852: Mr. Franks of New Jersey.
H.R. 911: Mr. Dornan.
H.R. 940: Mr. Abercrombie.
H.R. 1363: Mr. McCollum.
H.R. 1386: Mr. Gunderson.
H.R. 1454: Mr. Cox.
H.R. 1560: Mr. Gejdenson and Mr. Torres.
H.R. 1591: Mr. Stark.
H.R. 1619: Mr. Williams, Mr. Studds, Mr. Burr, and Mr.
Forbes.
H.R. 1625: Mr. Volkmer, Mr. Hancock, and Mr. Stockman.
H.R. 1684: Mr. Peterson of Florida, Mrs. Lowey, Mr. Ward,
and Mr. Wilson.
H.R. 1707: Ms. Jackson-Lee.
H.R. 1733: Mr. Stark.
H.R. 1791: Mr. Weldon of Florida.
H.R. 1818: Mr. Bereuter.
H.R. 1893: Mr. Nadler.
H.R. 1968: Mr. Torkildsen, Ms. Jackson-Lee, and Mr.
LaTourette.
H.R. 2009: Ms. Ros-Lehtinen and Mr. Frank of Massachusetts.
H.R. 2128: Mr. Calvert, Mr. Linder, Mr. Gallegly, Mr. Baker
of Louisiana, and Mr. Bachus.
H.R. 2192: Mr. Lantos.
H.R. 2276: Mr. LaTourette.
H.R. 2350: Mr. Ehlers and Mr. Stockman.
H.R. 2445: Mr. Istook.
H.R. 2458: Mr. LaTourette and Mr. Cardin.
H.R. 2477: Mr. Ensign.
H.R. 2548: Mrs. Smith of Washington, Mr. Calvert, and Mr.
Hayworth.
H.R. 2566: Mr. Blute, Mr. Schumer, and Mr. Underwood.
H.R. 2568: Mr. Crapo.
H.R. 2579: Mrs. Lowey, Mr. Rahall, Mr. Frank of
Massachusetts, Mr. Quillen, Mr. Evans, Mr. Engel, Mr.
Hayworth, Mr. Wolf, Mr. Bilbray, Mr. Crane, Mrs. Mink of
Hawaii, Mr. Hansen, Mr. Dellums, Mr. Foglietta, and Mr.
Orton.
H.R. 2585: Ms. Roybal-Allard.
H.R. 2634: Mr. Young of Alaska and Mr. Lewis of Kentucky.
H.R. 2655: Mr. Torricelli, Mr. Brewster, Mr. Tanner, Mr.
Franks of New Jersey, Mr. Longley, and Mr. Menendez.
H.R. 2657: Mr. Ward.
H.R. 2664: Mr. Coble, Ms. McKinney, Mr. Bass, Mr. Jacobs,
Mr. Condit, Mr. Bunning of Kentucky, and Mrs. Waldholtz.
H.R. 2683: Mr. Lantos.
H.R. 2690: Mr. Gunderson, Mr. Calvert, and Ms. Jackson-Lee.
H.R. 2707: Mr. Wicker.
H.R. 2723: Mr. Nethercutt and Mr. Hayworth.
H.R. 2724: Mr. Berman, Mr. Martinez, Mr. Thompson, Mr.
Foglietta, Mr. Bishop, Mr. Lipinski, Mr. LaFalce, Mr. Miller
of California, Mr. Bonior, Mr. Vento, Mr. Sanders, Mr. Brown
of California, Mr. Serrano, Mr. Gutierrez, Mr. Owens, and Mr.
Dellums.
H.R. 2725: Mr. Berman, Mr. Martinez, Mr. Thompson, Mr.
Foglietta, Mr. Bishop, Mr. Lipinski, Mr. LaFalce, Mr. Miller
of California, Mr. Bonior, Mr. Vento, Mr. Sanders, Mr. Brown
of California, Mr. Serrano, Mr. Gutierrez, Mr. Owens, and Mr.
Dellums.
H.R. 2751: Mr. Evans.
H.R. 2757: Mr. Ehlers, Mr. Moran, Mr. Brewster, Mr.
Quillen, and Mr. Hastings of Washington.
H.R. 2769: Mr. Weldon of Florida and Mr. Oxley.
H.R. 2779: Mr. Ballenger, Mr. Dreier, Mr. Gene Green of
Texas, Mr. Inglis of South Carolina, Mr. Spence, Mr.
Stockman, Mr. Stump, and Mr. Traficant.
H.R. 2796: Ms. Rivers, Ms. Jackson-Lee, and Mr. Hyde.
H.R. 2837: Mr. Foglietta, Mr. Pete Geren of Texas, Mrs.
Mink of Hawaii, Mr. Filner, Mr. Moakley, and Mr. Frost.
H.R. 2839: Mrs. Mink of Hawaii and Mr. Frost.
H.R. 2841: Mr. Browder, Mr. Pomeroy, Mr. Frost, and Mr.
Bonior.
H.J. Res. 93: Mr. Stockman, Mr. Lipinski, Mr. Scarborough,
and Mr. McCollum.
H.J. Res. 106: Mr. Greenwood.
H. Con. Res. 50: Mr. Christensen.
H. Res. 59: Mr. Neal of Massachusetts.
H. Res. 333: Mr. Richardson.
.
WEDNESDAY, JANUARY 24, 1996 (6)
para.6.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HOBSON,
who laid before the House the following communication:
Washington, DC,
January 24, 1996.
I hereby designate the Honorable David L. Hobson to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.6.2 approval of the journal
The SPEAKER pro tempore, Mr. HOBSON, announced he had examined and
approved the Journal of the proceedings of Tuesday, January 23, 1996.
Mr. STEARNS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. HOBSON, announced that the yeas had it.
Mr. STEARNS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. HOBSON, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.6.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1959. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 2000 resulting from passage of H.R. 1655
and H.R. 2627, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
1960. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year--if any--and the budget year provided by H.R.
1643, H.R. 1358, and House Joint Resolution 134, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-578); to
the Committee on the Budget.
1961. A letter from the Secretary of Energy, transmitting a
copy of the annual report on the Coke Oven Emission Control
Program for fiscal year 1995, pursuant to Public Law 101-549,
section 301 (104 Stat. 2559); to the Committee on Commerce.
1962. A letter from the Secretary of Commerce, transmitting
the 1996 annual report to the Congress on foreign policy
export controls, pursuant to 50 U.S.C. app. 2413; to the
Committee on International Relations.
1963. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report
concerning the unauthorized transfer of U.S.-origin defense
articles, pursuant to 22 U.S.C. 2753(e); to the Committee on
International Relations.
1964. A letter from the Comptroller General, General
Accounting Office, transmitting the Comptroller General's
1995 annual report, pursuant to 31 U.S.C. 719(a); to the
Committee on Government Reform and Oversight.
1965. A letter from the Director, Office of Management and
Budget, transmitting a report on the activities of Federal
agencies in implementing the Computer Matching and Privacy
Protection Act for calendar years
[[Page 57]]
1992 and 1993, pursuant to 5 U.S.C. 552a(r); to the Committee
on Government Reform and Oversight.
1966. A letter from the Chairman, U.S. Parole Commission,
transmitting a copy of the annual report in compliance with
the Government in the Sunshine Act during the calendar year
1995, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Reform and Oversight.
1967. A letter from the Deputy Assistant Secretary for
Water and Science, Department of the Interior, transmitting
the High Plains States Groundwater Demonstration Program 1995
interim report, pursuant to 43 U.S.C. 390g-2(c)(2); to the
Committee on Resources.
1968. A letter from the Secretary of the Interior,
transmitting a copy of the annual report for fiscal year 1994
covering the Outer Continental Shelf [OCS] Natural Gas and
Oil Leasing and Production Program, pursuant to 43 U.S.C.
1343; to the Committee on Resources.
1969. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled,
``Medicare Alzheimer's Disease Demonstration Evaluation,''
pursuant to section 9342 of the Omnibus Budget Reconciliation
Act of 1986, as amended: jointly, to the Committee on
Commerce and Ways and Means.
para.6.4 waiving points of order against the conference report on s.
1124
Mr. DIAZ-BALART, by direction of the Committee on Rules, called up the
following resolution (H. Res. 340):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 1124) to authorize appropriations for fiscal year
1996 for military activities of the Department of Defense, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes. All points of order
against the conference report and against its consideration
are waived. The conference report shall be considered as
read.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.6.5 dod authorizations--fy 1996
Mr. SPENCE, pursuant to House Resolution 340, called up the following
conference report (Rept. No. 104-450):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
1124), to authorize appropriations for fiscal year 1996 for
military activities of the Department of Defense, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes, having met, after full
and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1996''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into five divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Federal Acquisition Reform.
(5) Division E--Information Technology Management Reform.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. Extension of time for submission of reports.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Procurement of OH-58D Armed Kiowa Warrior helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Sec. 113. Multiyear procurement of helicopters.
Sec. 114. Report on AH-64D engine upgrades.
Sec. 115. Requirement for use of previously authorized multiyear
procurement authority for Army small arms procurement.
Subtitle C--Navy Programs
Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T-39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.
Subtitle D--Air Force Programs
Sec. 141. B-2 aircraft program.
Sec. 142. Procurement of B-2 bombers.
Sec. 143. MC-130H aircraft program.
Subtitle E--Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with
development of chemical demilitarization cryofracture
facility at Tooele Army Depot, Utah.
Sec. 152. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 153. Administration of chemical demilitarization program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Modifications to Strategic Environmental Research and
Development Program.
Sec. 204. Defense dual use technology initiative.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Tactical manned reconnaissance.
Sec. 213. Joint Advanced Strike Technology (JAST) program.
Sec. 214. Development of laser program.
Sec. 215. Navy mine countermeasures program.
Sec. 216. Space-based infrared system.
Sec. 217. Defense Nuclear Agency programs.
Sec. 218. Counterproliferation support program.
Sec. 219. Nonlethal weapons study.
Sec. 220. Federally funded research and development centers and
university-affiliated research centers.
Sec. 221. Joint seismic program and global seismic network.
Sec. 222. Hydra-70 rocket product improvement program.
Sec. 223. Limitation on obligation of funds until receipt of electronic
combat consolidation master plan.
Sec. 224. Report on reductions in research, development, test, and
evaluation.
Sec. 225. Advanced Field Artillery System (Crusader).
Sec. 226. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 227. Defense Airborne Reconnaissance program.
Subtitle C--Ballistic Missile Defense Act of 1995
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Ballistic Missile Defense policy.
Sec. 234. Theater Missile Defense architecture.
Sec. 235. Prohibition on use of funds to implement an international
agreement concerning Theater Missile Defense systems.
Sec. 236. Ballistic Missile Defense cooperation with allies.
Sec. 237. ABM Treaty defined.
Sec. 238. Repeal of Missile Defense Act of 1991.
Subtitle D--Other Ballistic Missile Defense Provisions
Sec. 251. Ballistic Missile Defense program elements.
Sec. 252. Testing of Theater Missile Defense interceptors.
Sec. 253. Repeal of missile defense provisions.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of C4I by National Research Council.
Sec. 263. Analysis of consolidation of basic research accounts of
military departments.
Sec. 264. Change in reporting period from calendar year to fiscal year
for annual report on certain contracts to colleges and
universities.
Sec. 265. Aeronautical research and test capabilities assessment.
Subtitle F--Other Matters
Sec. 271. Advanced lithography program.
Sec. 272. Enhanced fiber optic guided missile (EFOG-M) system.
Sec. 273. States eligible for assistance under Defense Experimental
Program To Stimulate Competitive Research.
[[Page 58]]
Sec. 274. Cruise missile defense initiative.
Sec. 275. Modification to university research initiative support
program.
Sec. 276. Manufacturing technology program.
Sec. 277. Five-year plan for consolidation of defense laboratories and
test and evaluation centers.
Sec. 278. Limitation on T-38 avionics upgrade program.
Sec. 279. Global Positioning System.
Sec. 280. Revision of authority for providing Army support for the
National Science Center for Communications and
Electronics.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Subtitle B--Depot-Level Activities
Sec. 311. Policy regarding performance of depot-level maintenance and
repair for the Department of Defense.
Sec. 312. Management of depot employees.
Sec. 313. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and
services.
Sec. 314. Modification of notification requirement regarding use of
core logistics functions waiver.
Subtitle C--Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under
environmental restoration program.
Sec. 322. Addition of amounts creditable to Defense Environmental
Restoration Account.
Sec. 323. Use of Defense Environmental Restoration Account.
Sec. 324. Revision of authorities relating to restoration advisory
boards.
Sec. 325. Discharges from vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Operation of commissary system.
Sec. 332. Limited release of commissary stores sales information to
manufacturers, distributors, and other vendors doing
business with Defense Commissary Agency.
Sec. 333. Economical distribution of distilled spirits by
nonappropriated fund instrumentalities.
Sec. 334. Transportation by commissaries and exchanges to overseas
locations.
Sec. 335. Demonstration project for uniform funding of morale, welfare,
and recreation activities at certain military
installations.
Sec. 336. Operation of combined exchange and commissary stores.
Sec. 337. Deferred payment programs of military exchanges.
Sec. 338. Availability of funds to offset expenses incurred by Army and
Air Force Exchange Service on account of troop reductions
in Europe.
Sec. 339. Study regarding improving efficiencies in operation of
military exchanges and other morale, welfare, and
recreation activities and commissary stores.
Sec. 340. Repeal of requirement to convert ships' stores to
nonappropriated fund instrumentalities.
Sec. 341. Disposition of excess morale, welfare, and recreation funds.
Sec. 342. Clarification of entitlement to use of morale, welfare, and
recreation facilities by members of reserve components
and dependents.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Competitive procurement of printing and duplication services.
Sec. 352. Direct vendor delivery system for consumable inventory items
of Department of Defense.
Sec. 353. Payroll, finance, and accounting functions of the Department
of Defense.
Sec. 354. Demonstration program to identify overpayments made to
vendors.
Sec. 355. Pilot program on private operation of defense dependents'
schools.
Sec. 356. Program for improved travel process for the Department of
Defense.
Sec. 357. Increased reliance on private-sector sources for commercial
products and services.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
Sec. 361. Quarterly readiness reports.
Sec. 362. Restatement of requirement for semiannual reports to Congress
on transfers from high-priority readiness appropriations.
Sec. 363. Report regarding reduction of costs associated with contract
management oversight.
Sec. 364. Reviews of management of inventory control points and
Material Management Standard System.
Sec. 365. Report on private performance of certain functions performed
by military aircraft.
Sec. 366. Strategy and report on automated information systems of
Department of Defense.
Subtitle G--Other Matters
Sec. 371. Codification of Defense Business Operations Fund.
Sec. 372. Clarification of services and property that may be exchanged
to benefit the historical collection of the Armed Forces.
Sec. 373. Financial management training.
Sec. 374. Permanent authority for use of proceeds from the sale of
certain lost, abandoned, or unclaimed property.
Sec. 375. Sale of military clothing and subsistence and other supplies
of the Navy and Marine Corps.
Sec. 376. Personnel services and logistical support for certain
activities held on military installations.
Sec. 377. Retention of monetary awards.
Sec. 378. Provision of equipment and facilities to assist in emergency
response actions.
Sec. 379. Report on Department of Defense military and civil defense
preparedness to respond to emergencies resulting from a
chemical, biological, radiological, or nuclear attack.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength
limitations for active duty Air Force and Navy officers
in certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to
be counted.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. Counting of certain active component personnel assigned in
support of reserve component training.
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the Reserves.
Sec. 415. Reserves on active duty in support of cooperative threat
reduction programs not to be counted.
Sec. 416. Reserves on active duty for military-to-military contacts and
comparable activities not to be counted.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Retired grade for officers in grades above major general and
rear admiral.
Sec. 503. Wearing of insignia for higher grade before promotion.
Sec. 504. Authority to extend transition period for officers selected
for early retirement.
Sec. 505. Army officer manning levels.
Sec. 506. Authority for medical department officers other than
physicians to be appointed as Surgeon General.
Sec. 507. Deputy Judge Advocate General of the Air Force.
Sec. 508. Authority for temporary promotions for certain Navy
lieutenants with critical skills.
Sec. 509. Retirement for years of service of Directors of Admissions of
Military and Air Force academies.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Extension of certain Reserve officer management authorities.
Sec. 512. Mobilization income insurance program for members of Ready
Reserve.
Sec. 513. Military technician full-time support program for Army and
Air Force reserve components.
Sec. 514. Revisions to Army Guard Combat Reform Initiative to include
Army Reserve under certain provisions and make certain
revisions.
Sec. 515. Active duty associate unit responsibility.
Sec. 516. Leave for members of reserve components performing public
safety duty.
Sec. 517. Department of Defense funding for National Guard
participation in joint disaster and emergency assistance
exercises.
Subtitle C--Decorations and Awards
Sec. 521. Award of Purple Heart to persons wounded while held as
prisoners of war before April 25, 1962.
Sec. 522. Authority to award decorations recognizing acts of valor
performed in combat during the Vietnam conflict.
Sec. 523. Military intelligence personnel prevented by secrecy from
being considered for decorations and awards.
[[Page 59]]
Sec. 524. Review regarding upgrading of Distinguished-Service Crosses
and Navy Crosses awarded to Asian-Americans and Native
American Pacific Islanders for World War II service.
Sec. 525. Eligibility for Armed Forces Expeditionary Medal based upon
service in El Salvador.
Sec. 526. Procedure for consideration of military decorations not
previously submitted in timely fashion.
Subtitle D--Officer Education Programs
Part I--Service Academies
Sec. 531. Revision of service obligation for graduates of the service
academies.
Sec. 532. Nominations to service academies from Commonwealth of the
Northern Marianas Islands.
Sec. 533. Repeal of requirement for athletic director and
nonappropriated fund account for the athletics programs
at the service academies.
Sec. 534. Repeal of requirement for program to test privatization of
service academy preparatory schools.
Part II--Reserve Officer Training Corps
Sec. 541. ROTC access to campuses.
Sec. 542. ROTC scholarships for the National Guard.
Sec. 543. Delay in reorganization of Army ROTC regional headquarters
structure.
Sec. 544. Duration of field training or practice cruise required under
the Senior ROTC program.
Sec. 545. Active duty officers detailed to ROTC duty at senior military
colleges to serve as Commandant and Assistant Commandant
of Cadets and as tactical officers.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 551. Report concerning appropriate forum for judicial review of
Department of Defense personnel actions.
Sec. 552. Comptroller General review of proposed Army end strength
allocations.
Sec. 553. Report on manning status of highly deployable support units.
Sec. 554. Review of system for correction of military records.
Sec. 555. Report on the consistency of reporting of fingerprint cards
and final disposition forms to the Federal Bureau of
Investigation.
Subtitle F--Other Matters
Sec. 561. Equalization of accrual of service credit for officers and
enlisted members.
Sec. 562. Army Ranger training.
Sec. 563. Separation in cases involving extended confinement.
Sec. 564. Limitations on reductions in medical personnel.
Sec. 565. Sense of Congress concerning personnel tempo rates.
Sec. 566. Separation benefits during force reduction for officers of
commissioned corps of National Oceanic and Atmospheric
Administration.
Sec. 567. Discharge of members of the Armed Forces who have the HIV-1
virus.
Sec. 568. Revision and codification of Military Family Act and Military
Child Care Act.
Sec. 569. Determination of whereabouts and status of missing persons.
Sec. 570. Associate Director of Central Intelligence for Military
Support.
Subtitle G--Support for Non-Department of Defense Activities
Sec. 571. Repeal of certain civil-military programs.
Sec. 572. Training activities involving support and services for
eligible organizations and activities outside the
Department of Defense.
Sec. 573. National Guard civilian youth opportunities pilot program.
Sec. 574. Termination of funding for Office of Civil-Military Programs
in Office of the Secretary of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members
residing without dependents in Government quarters.
Sec. 603. Election of basic allowance for quarters instead of
assignment to inadequate quarters.
Sec. 604. Payment of basic allowance for quarters to members in pay
grade E-6 who are assigned to sea duty.
Sec. 605. Limitation on reduction of variable housing allowance for
certain members.
Sec. 606. Clarification of limitation on eligibility for family
separation allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse
officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Codification and extension of special pay for critically
short wartime health specialists in the Selected
Reserves.
Sec. 615. Hazardous duty incentive pay for warrant officers and
enlisted members serving as air weapons controllers.
Sec. 616. Aviation career incentive pay.
Sec. 617. Clarification of authority to provide special pay for nurses.
Sec. 618. Continuous entitlement to career sea pay for crew members of
ships designated as tenders.
Sec. 619. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Repeal of requirement regarding calculation of allowances on
basis of mileage tables.
Sec. 622. Departure allowances.
Sec. 623. Transportation of nondependent child from member's station
overseas after loss of dependent status while overseas.
Sec. 624. Authorization of dislocation allowance for moves in
connection with base realignments and closures.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living
adjustments for fiscal years 1996, 1997, and 1998.
Sec. 632. Denial of non-regular service retired pay for Reserves
receiving certain court-martial sentences.
Sec. 633. Report on payment of annuities for certain military surviving
spouses.
Sec. 634. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerilla fighters in the
Philippines.
Sec. 635. Authority for relief from previous overpayments under minimum
income widows program.
Sec. 636. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
Subtitle E--Other Matters
Sec. 641. Payment to survivors of deceased members for all leave
accrued.
Sec. 642. Repeal of reporting requirements regarding compensation
matters.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Report on extending to junior noncommissioned officers
privileges provided for senior noncommissioned officers.
Sec. 645. Study regarding joint process for determining location of
recruiting stations.
Sec. 646. Automatic maximum coverage under Servicemen's Group Life
Insurance.
Sec. 647. Termination of Servicemen's Group Life Insurance for members
of the Ready Reserve who fail to pay premiums.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Modification of requirements regarding routine physical
examinations and immunizations under CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death
and disability benefits for certain Reserves.
Sec. 703. Medical care for surviving dependents of retired Reserves who
die before age 60.
Sec. 704. Medical and dental care for members of the Selected Reserve
assigned to early deploying units of the Army Selected
Reserve.
Sec. 705. Dental insurance for members of the Selected Reserve.
Sec. 706. Permanent authority to carry out specialized treatment
facility program.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. Priority use of military treatment facilities for persons
enrolled in managed care initiatives.
Sec. 713. Staggered payment of enrollment fees for TRICARE program.
Sec. 714. Requirement of budget neutrality for TRICARE program to be
based on entire program.
Sec. 715. Training in health care management and administration for
TRICARE lead agents.
Sec. 716. Pilot program of individualized residential mental health
services.
Sec. 717. Evaluation and report on TRICARE program effectiveness.
Sec. 718. Sense of Congress regarding access to health care under
TRICARE program for covered beneficiaries who are
medicare eligible.
[[Page 60]]
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as
Uniformed Services Treatment Facilities.
Sec. 722. Limitation on expenditures to support Uniformed Services
Treatment Facilities.
Sec. 723. Application of CHAMPUS payment rules in certain cases.
Sec. 724. Application of Federal Acquisition Regulation to
participation agreements with Uniformed Services
Treatment Facilities.
Sec. 725. Development of plan for integrating Uniformed Services
Treatment Facilities in managed care programs of
Department of Defense.
Sec. 726. Equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities.
Sec. 727. Elimination of unnecessary annual reporting requirement
regarding Uniformed Services Treatment Facilities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care
providers under CHAMPUS.
Sec. 732. Notification of certain CHAMPUS covered beneficiaries of loss
of CHAMPUS eligibility.
Sec. 733. Personal services contracts for medical treatment facilities
of the Coast Guard.
Sec. 734. Identification of third-party payer situations.
Sec. 735. Redesignation of Military Health Care Account as Defense
Health Program Account and two-year availability of
certain account funds.
Sec. 736. Expansion of financial assistance program for health-care
professionals in reserve components to include dental
specialties.
Sec. 737. Applicability of limitation on prices of pharmaceuticals
procured for the Coast Guard.
Sec. 738. Restriction on use of Department of Defense facilities for
abortions.
Subtitle E--Other Matters
Sec. 741. Triservice nursing research.
Sec. 742. Termination of program to train military psychologists to
prescribe psychotropic medications.
Sec. 743. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in
civilian shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine
appropriate force levels of wartime medical personnel.
Sec. 746. Report on improved access to military health care for covered
beneficiaries entitled to medicare.
Sec. 747. Report on effect of closure of Fitzsimons Army Medical
Center, Colorado, on provision of care to military
personnel, retired military personnel, and their
dependents.
Sec. 748. Sense of Congress on continuity of health care services for
covered beneficiaries adversely affected by closures of
military medical treatment facilities.
Sec. 749. State recognition of military advance medical directives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
Sec. 801. Inapplicability of limitation on expenditure of
appropriations to contracts at or below simplified
acquisition threshold.
Sec. 802. Authority to delegate contracting authority.
Sec. 803. Quality control in procurements of critical aircraft and ship
spare parts.
Sec. 804. Fees for certain testing services.
Sec. 805. Coordination and communication of defense research
activities.
Sec. 806. Addition of certain items to domestic source limitation.
Sec. 807. Encouragement of use of leasing authority.
Sec. 808. Cost reimbursement rules for indirect costs attributable to
private sector work of defense contractors.
Sec. 809. Subcontracts for ocean transportation services.
Sec. 810. Prompt resolution of audit recommendations.
Sec. 811. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 812. Procurement of items for experimental or test purposes.
Sec. 813. Use of funds for acquisition of designs, processes, technical
data, and computer software.
Sec. 814. Independent cost estimates for major defense acquisition
programs.
Sec. 815. Construction, repair, alteration, furnishing, and equipping
of naval vessels.
Subtitle B--Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Defense facility-wide pilot program.
Sec. 823. Treatment of Department of Defense cable television franchise
agreements.
Sec. 824. Extension of pilot mentor-protege program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 903. Deferred repeal of various statutory positions and offices in
Office of the Secretary of Defense.
Sec. 904. Redesignation of the position of Assistant to the Secretary
of Defense for Atomic Energy.
Sec. 905. Joint Requirements Oversight Council.
Sec. 906. Restructuring of Department of Defense acquisition
organization and workforce.
Sec. 907. Report on Nuclear Posture Review and on plans for nuclear
weapons management in event of abolition of Department of
Energy.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Subtitle B--Financial Management
Sec. 911. Transfer authority regarding funds available for foreign
currency fluctuations.
Sec. 912. Defense Modernization Account.
Sec. 913. Designation and liability of disbursing and certifying
officials.
Sec. 914. Fisher House trust funds.
Sec. 915. Limitation on use of authority to pay for emergency and
extraordinary expenses.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Improved funding mechanisms for unbudgeted operations.
Sec. 1004. Operation Provide Comfort.
Sec. 1005. Operation Enhanced Southern Watch.
Sec. 1006. Authority for obligation of certain unauthorized fiscal year
1995 defense appropriations.
Sec. 1007. Authorization of prior emergency supplemental appropriations
for fiscal year 1995.
Sec. 1008. Authorization reductions to reflect savings from revised
economic assumptions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Contract options for LMSR vessels.
Sec. 1014. National Defense Reserve Fleet.
Sec. 1015. Naval salvage facilities.
Sec. 1016. Vessels subject to repair under phased maintenance
contracts.
Sec. 1017. Clarification of requirements relating to repairs of
vessels.
Sec. 1018. Sense of Congress concerning naming of amphibious ships.
Sec. 1019. Sense of Congress concerning naming of naval vessel.
Sec. 1020. Transfer of riverine patrol craft.
Subtitle C--Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support
of drug interdiction and counter-drug activities of the
National Guard.
Subtitle D--Civilian Personnel
Sec. 1031. Management of Department of Defense civilian personnel.
Sec. 1032. Conversion of military positions to civilian positions.
Sec. 1033. Elimination of 120-day limitation on details of certain
employees.
Sec. 1034. Authority for civilian employees of Department of Defense to
participate voluntarily in reductions in force.
Sec. 1035. Authority to pay severance payments in lump sums.
Sec. 1036. Continued health insurance coverage.
Sec. 1037. Revision of authority for appointments of involuntarily
separated military reserve technicians.
Sec. 1038. Wearing of uniform by National Guard technicians.
Sec. 1039. Military leave for military reserve technicians for certain
duty overseas.
Sec. 1040. Personnel actions involving employees of nonappropriated
fund instrumentalities.
Sec. 1041. Coverage of nonappropriated fund employees under authority
for flexible and compressed work schedules.
Sec. 1042. Limitation on provision of overseas living quarters
allowances for nonappropriated fund instrumentality
employees.
Sec. 1043. Elections relating to retirement coverage.
Sec. 1044. Extension of temporary authority to pay civilian employees
with respect to the evacuation from Guantanamo, Cuba.
[[Page 61]]
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1051. Report on fiscal year 1997 budget submission regarding Guard
and reserve components.
Sec. 1052. Report on desirability and feasibility of providing
authority for use of funds derived from recovered losses
resulting from contractor fraud.
Sec. 1053. Report on national policy on protecting the national
information infrastructure against strategic attacks.
Sec. 1054. Report on Department of Defense boards and commissions.
Sec. 1055. Date for submission of annual report on special access
programs.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
Sec. 1061. Miscellaneous provisions of law.
Sec. 1062. Reports required by title 10, United States Code.
Sec. 1063. Reports required by defense authorization and appropriations
Acts.
Sec. 1064. Reports required by other provisions of law.
Subtitle G--Department of Defense Education Programs
Sec. 1071. Continuation of Uniformed Services University of the Health
Sciences.
Sec. 1072. Additional graduate schools and programs at Uniformed
Services University of the Health Sciences.
Sec. 1073. Funding for adult education programs for military personnel
and dependents outside the United States.
Sec. 1074. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 1075. Sharing of personnel of Department of Defense domestic
dependent schools and defense dependents' education
system.
Sec. 1076. Increase in reserve component Montgomery GI Bill educational
assistance allowance with respect to skills or
specialties for which there is a critical shortage of
personnel.
Sec. 1077. Date for annual report on reserve component Montgomery GI
Bill educational assistance program.
Sec. 1078. Scope of education programs of Community College of the Air
Force.
Sec. 1079. Amendments to education loan repayment programs.
Subtitle H--Other Matters
Sec. 1081. National defense technology and industrial base, defense
reinvestment, and defense conversion programs.
Sec. 1082. Ammunition industrial base.
Sec. 1083. Policy concerning excess defense industrial capacity.
Sec. 1084. Sense of Congress concerning access to secondary school
student information for recruiting purposes.
Sec. 1085. Disclosure of information concerning unaccounted for United
States personnel from the Korean Conflict, the Vietnam
era, and the Cold War.
Sec. 1086. Operational support airlift aircraft fleet.
Sec. 1087. Civil Reserve Air Fleet.
Sec. 1088. Damage or loss to personal property due to emergency
evacuation or extraordinary circumstances.
Sec. 1089. Authority to suspend or terminate collection actions against
deceased members.
Sec. 1090. Check cashing and exchange transactions for dependents of
United States Government personnel.
Sec. 1091. Designation of National Maritime Center.
Sec. 1092. Sense of Congress regarding historic preservation of Midway
Islands.
Sec. 1093. Sense of Senate regarding Federal spending.
Sec. 1094. Extension of authority for vessel war risk insurance.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
Sec. 1101. Short title.
Sec. 1102. References to Uniform Code of Military Justice.
Subtitle A--Offenses
Sec. 1111. Refusal to testify before court-martial.
Sec. 1112. Flight from apprehension.
Sec. 1113. Carnal knowledge.
Subtitle B--Sentences
Sec. 1121. Effective date for forfeitures of pay and allowances and
reductions in grade by sentence of court-martial.
Sec. 1122. Required forfeiture of pay and allowances during
confinement.
Sec. 1123. Deferment of confinement.
Subtitle C--Pretrial and Post-Trial Actions
Sec. 1131. Article 32 investigations.
Sec. 1132. Submission of matters to the convening authority for
consideration.
Sec. 1133. Commitment of accused to treatment facility by reason of
lack of mental capacity or mental responsibility.
Subtitle D--Appellate Matters
Sec. 1141. Appeals by the United States.
Sec. 1142. Repeal of termination of authority for Chief Justice of
United States to designate Article III judges for
temporary service on Court of Appeals for the Armed
Forces.
Subtitle E--Other Matters
Sec. 1151. Advisory committee on criminal law jurisdiction over
civilians accompanying the Armed Forces in time of armed
conflict.
Sec. 1152. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 1153. Technical amendment.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs.
Sec. 1202. Fiscal year 1996 funding allocations.
Sec. 1203. Prohibition on use of funds for peacekeeping exercises and
related activities with Russia.
Sec. 1204. Revision to authority for assistance for weapons
destruction.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Report on accounting for United States assistance.
Sec. 1207. Limitation on assistance to nuclear weapons scientists of
former Soviet Union.
Sec. 1208. Limitations relating to offensive biological warfare program
of Russia.
Sec. 1209. Limitation on use of funds for chemical weapons destruction
facility.
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
Sec. 1301. Limitation on use of Department of Defense funds for United
States share of costs of United Nations peacekeeping
activities.
Subtitle B--Humanitarian Assistance Programs
Sec. 1311. Overseas humanitarian, disaster, and civic aid programs.
Sec. 1312. Humanitarian assistance.
Sec. 1313. Landmine clearance program.
Subtitle C--Arms Exports and Military Assistance
Sec. 1321. Defense export loan guarantees.
Sec. 1322. National security implications of United States export
control policy.
Sec. 1323. Department of Defense review of export licenses for certain
biological pathogens.
Sec. 1324. Annual reports on improving export control mechanisms and on
military assistance.
Sec. 1325. Report on personnel requirements for control of transfer of
certain weapons.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Sec. 1331. Accounting for burdensharing contributions.
Sec. 1332. Authority to accept contributions for expenses of relocation
within host nation of United States Armed Forces
overseas.
Sec. 1333. Revised goal for allied share of costs for United States
installations in Europe.
Sec. 1334. Exclusion of certain forces from European end strength
limitation.
Sec. 1335. Cooperative research and development agreements with NATO
organizations.
Sec. 1336. Support services for the Navy at the port of Haifa, Israel.
Subtitle E--Other Matters
Sec. 1341. Prohibition on financial assistance to terrorist countries.
Sec. 1342. Judicial assistance to the International Tribunal for
Yugoslavia and to the International Tribunal for Rwanda.
Sec. 1343. Semiannual reports concerning United States-People's
Republic of China Joint Defense Conversion Commission.
TITLE XIV--ARMS CONTROL MATTERS
Sec. 1401. Revision of definition of landmine for purposes of landmine
export moratorium.
Sec. 1402. Reports on moratorium on use by Armed Forces of
antipersonnel landmines.
Sec. 1403. Extension and amendment of counterproliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1405. Sense of Congress on ABM treaty violations.
Sec. 1406. Sense of Congress on ratification of Chemical Weapons
Convention and START II Treaty.
Sec. 1407. Implementation of arms control agreements.
Sec. 1408. Iran and Iraq arms nonproliferation.
[[Page 62]]
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1501. Amendments related to Reserve Officer Personnel Management
Act.
Sec. 1502. Amendments to reflect name change of Committee on Armed
Services of the House of Representatives.
Sec. 1503. Miscellaneous amendments to title 10, United States Code.
Sec. 1504. Miscellaneous amendments to annual defense authorization
Acts.
Sec. 1505. Miscellaneous amendments to other laws.
Sec. 1506. Coordination with other amendments.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
Sec. 1601. Short title.
Subtitle A--Establishment and Operation of Corporation
Sec. 1611. Establishment of the Corporation.
Sec. 1612. Conduct of Civilian Marksmanship Program.
Sec. 1613. Eligibility for participation in Civilian Marksmanship
Program.
Sec. 1614. Issuance, loan, and sale of firearms and ammunition by the
Corporation.
Sec. 1615. Transfer of firearms and ammunition from the Army to the
Corporation.
Sec. 1616. Reservation by the Army of firearms and ammunition for the
Corporation.
Sec. 1617. Army logistical support for the program.
Sec. 1618. General authorities of the Corporation.
Sec. 1619. Distribution of Corporate assets in event of dissolution.
Subtitle B--Transitional Provisions
Sec. 1621. Transfer of funds and property to the Corporation.
Sec. 1622. Continuation of eligibility for certain civil service
benefits for former Federal employees of Civilian
Marksmanship Program.
Sec. 1623. Certification of completion of transition.
Sec. 1624. Repeal of authority for conduct of Civilian Marksmanship
Program by the Army.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations
to clarify availability of funds for large anechoic
chamber facility, Patuxent River Naval Warfare Center,
Maryland.
Sec. 2206. Authority to carry out land acquisition project, Hampton
Roads, Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
Sec. 2208. Acquisition or construction of military family housing in
vicinity of San Diego, California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for
construction of family housing, Scott Air Force Base,
Illinois.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Limitations on use of Department of Defense Base Closure
Account 1990.
Sec. 2407. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2408. Reduction in amounts authorized to be appropriated for
fiscal year 1994 contingency construction projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal
year 1994 Air National Guard Projects.
Sec. 2603. Correction in authorized uses of funds for Army National
Guard projects in Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992
projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
Sec. 2801. Alternative authority for construction and improvement of
military housing.
Sec. 2802. Expansion of authority for limited partnerships for
development of military family housing.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
Sec. 2811. Special threshold for unspecified minor construction
projects to correct life, health, or safety deficiencies.
Sec. 2812. Clarification of scope of unspecified minor construction
authority.
Sec. 2813. Temporary authority to waive net floor area limitation for
family housing acquired in lieu of construction.
Sec. 2814. Reestablishment of authority to waive net floor area
limitation on acquisition by purchase of certain military
family housing.
Sec. 2815. Temporary authority to waive limitations on space by pay
grade for military family housing units.
Sec. 2816. Rental of family housing in foreign countries.
Sec. 2817. Clarification of scope of report requirement on cost
increases under contracts for military family housing
construction.
Sec. 2818. Authority to convey damaged or deteriorated military family
housing.
Sec. 2819. Energy and water conservation savings for the Department of
Defense.
Sec. 2820. Extension of authority to enter into leases of land for
special operations activities.
Sec. 2821. Disposition of amounts recovered as a result of damage to
real property.
Sec. 2822. Pilot program to provide interest rate buy down authority on
loans for housing within housing shortage areas at
military installations.
Subtitle C--Defense Base Closure and Realignment
Sec. 2831. Deposit of proceeds from leases of property located at
installations being closed or realigned.
Sec. 2832. In-kind consideration for leases at installations to be
closed or realigned.
Sec. 2833. Interim leases of property approved for closure or
realignment.
Sec. 2834. Authority to lease property requiring environmental
remediation at
installations approved for closure or realignment.
Sec. 2835. Final funding for Defense Base Closure and Realignment
Commission.
Sec. 2836. Exercise of authority delegated by the Administrator of
General Services.
Sec. 2837. Lease back of property disposed from installations approved
for closure or realignment.
Sec. 2838. Improvement of base closure and realignment process
regarding disposal of property.
Sec. 2839. Agreements for certain services at installations being
closed.
Sec. 2840. Authority to transfer property at military installations to
be closed to persons who construct or provide military
family housing.
Sec. 2841. Use of single base closure authorities for disposal of
property and facilities at Fort Holabird, Maryland.
Subtitle D--Land Conveyances Generally
Part I--Army Conveyances
Sec. 2851. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2852. Transfer of jurisdiction, Fort Bliss, Texas.
Sec. 2853. Transfer of jurisdiction and land conveyance, Fort Devens
Military Reservation, Massachusetts.
Sec. 2854. Modification of land conveyance, Fort Belvoir, Virginia.
Sec. 2855. Land exchange, Fort Lewis, Washington.
Sec. 2856. Land exchange, Army Reserve Center, Gainesville, Georgia.
[[Page 63]]
Sec. 2857. Land conveyance, Holston Army Ammunition Plant, Mount
Carmel, Tennessee.
Sec. 2858. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2859. Land conveyance, Fort Ord, California.
Sec. 2860. Land conveyance, Parks Reserve Forces Training Area, Dublin,
California.
Sec. 2861. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2862. Land conveyance, Army Reserve Property, Fort Sheridan,
Illinois.
Sec. 2863. Land conveyance, property underlying Cummins Apartment
Complex, Fort Holabird, Maryland.
Sec. 2864. Modification of existing land conveyance, Army property,
Hamilton Air Force Base, California.
Part II--Navy Conveyances
Sec. 2865. Transfer of jurisdiction, Naval Weapons Industrial Reserve
Plant, Calverton, New York.
Sec. 2866. Modification of land conveyance, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2867. Land conveyance alternative to existing lease authority,
Naval Supply Center, Oakland, California.
Sec. 2868. Land conveyance, Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
Sec. 2869. Land conveyance, Naval Surface Warfare Center, Memphis,
Tennessee.
Sec. 2870. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2871. Land conveyance, Naval Communications Station, Stockton,
California.
Sec. 2872. Lease of property, Naval Air Station and Marine Corps Air
Station, Miramar, California.
Part III--Air Force Conveyances
Sec. 2874. Land acquisition or exchange, Shaw Air Force Base, South
Carolina.
Sec. 2875. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2876. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2877. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2878. Land conveyance, Avon Park Air Force Range, Florida.
Subtitle E--Land Conveyances Involving Utilities
Sec. 2881. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2882. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2883. Conveyance of electricity distribution system, Fort Irwin,
California.
Sec. 2884. Conveyance of water treatment plant, Fort Pickett, Virginia.
Subtitle F--Other Matters
Sec. 2891. Authority to use funds for certain educational purposes.
Sec. 2892. Department of Defense Laboratory Revitalization
Demonstration Program.
Sec. 2893. Authority for Port Authority of State of Mississippi to use
Navy property at Naval Construction Battalion Center,
Gulfport, Mississippi.
Sec. 2894. Prohibition on joint use of Naval Air Station and Marine
Corps Air Station, Miramar, California.
Sec. 2895. Report regarding Army water craft support facilities and
activities.
Sec. 2896. Residual value reports.
Sec. 2897. Sense of Congress and report regarding Fitzsimons Army
Medical Center, Colorado.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
Sec. 2901. Short title.
Sec. 2902. Definitions.
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
Sec. 2911. Principles of transfer.
Sec. 2912. Transfer of management responsibilities and jurisdiction
over Arsenal.
Sec. 2913. Responsibility and liability.
Sec. 2914. Establishment and administration of Midewin National
Tallgrass Prairie.
Sec. 2915. Special management requirements for Midewin National
Tallgrass Prairie.
Sec. 2916. Special transfer rules for certain Arsenal parcels intended
for MNP.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
Sec. 2921. Conveyance of certain real property at Arsenal for a
national cemetery.
Sec. 2922. Conveyance of certain real property at Arsenal for a county
landfill.
Sec. 2923. Conveyance of certain real property at Arsenal for
industrial parks.
Subtitle C--Miscellaneous Provisions
Sec. 2931. Degree of environmental cleanup.
Sec. 2932. Retention of property used for environmental cleanup.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production program.
Sec. 3134. Payment of penalties.
Sec. 3135. Fissile materials disposition.
Sec. 3136. Tritium recycling.
Sec. 3137. Manufacturing infrastructure for refabrication and
certification of nuclear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
Sec. 3139. Limitation on authority to conduct hydronuclear tests.
Sec. 3140. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3141. Limitation on use of funds for certain research and
development purposes.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Sec. 3144. Department of Energy Declassification Productivity
Initiative.
Subtitle D--Other Matters
Sec. 3151. Report on foreign tritium purchases.
Sec. 3152. Study on nuclear test readiness postures.
Sec. 3153. Master plan for the certification, stewardship, and
management of warheads in the nuclear weapons stockpile.
Sec. 3154. Prohibition on international inspections of Department of
Energy facilities unless protection of restricted data is
certified.
Sec. 3155. Review of certain documents before declassification and
release.
Sec. 3156. Accelerated schedule for environmental restoration and waste
management activities.
Sec. 3157. Sense of Congress regarding certain environmental
restoration requirements.
Sec. 3158. Responsibility for Defense Programs Emergency Response
Program.
Sec. 3159. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1996.
Sec. 3160. Report on hydronuclear testing.
Sec. 3161. Applicability of Atomic Energy Community Act of 1955 to Los
Alamos, New Mexico.
Sec. 3162. Sense of Congress regarding shipments of spent nuclear fuel.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of chromite and manganese ores and chromium ferro
and manganese metal electrolytic.
Sec. 3304. Restrictions on disposal of manganese ferro.
Sec. 3305. Titanium initiative to support battle tank upgrade program.
Subtitle B--Programmatic Change
Sec. 3311. Transfer of excess defense-related materials to stockpile
for disposal.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1996.
Sec. 3403. Extension of operating contract for Naval Petroleum Reserve
Numbered 1.
Subtitle B--Sale of Naval Petroleum Reserve
Sec. 3411. Definitions.
[[Page 64]]
Sec. 3412. Sale of Naval Petroleum Reserve Numbered 1.
Sec. 3413. Effect of sale of reserve.
Sec. 3414. Conditions on sale process.
Sec. 3415. Treatment of State of California claim regarding reserve.
Sec. 3416. Study of future of other naval petroleum reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B--Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of Commission as Government corporation.
Sec. 3523. Supervisory Board.
Sec. 3524. General and specific powers of Commission.
Sec. 3525. Congressional review of budget.
Sec. 3526. Audits.
Sec. 3527. Prescription of measurement rules and rates of tolls.
Sec. 3528. Procedures for changes in rules of measurement and rates of
tolls.
Sec. 3529. Miscellaneous technical amendments.
Sec. 3530. Conforming amendment to title 31, United States Code.
DIVISION D--FEDERAL ACQUISITION REFORM
Sec. 4001. Short title.
TITLE XLI--COMPETITION
Sec. 4101. Efficient competition.
Sec. 4102. Efficient approval procedures.
Sec. 4103. Efficient competitive range determinations.
Sec. 4104. Preaward debriefings.
Sec. 4105. Design-build selection procedures.
TITLE XLII--COMMERCIAL ITEMS
Sec. 4201. Commercial item exception to requirement for cost or pricing
data.
Sec. 4202. Application of simplified procedures to certain commercial
items.
Sec. 4203. Inapplicability of certain procurement laws to commercially
available off-the-shelf items.
Sec. 4204. Amendment of commercial items definition.
Sec. 4205. Inapplicability of cost accounting standards to contracts
and subcontracts for commercial items.
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
Sec. 4301. Elimination of certain certification requirements.
Sec. 4302. Authorities conditioned on FACNET capability.
Sec. 4303. International competitiveness.
Sec. 4304. Procurement integrity.
Sec. 4305. Further acquisition streamlining provisions.
Sec. 4306. Value engineering for Federal agencies.
Sec. 4307. Acquisition workforce.
Sec. 4308. Demonstration project relating to certain personnel
management policies and procedures.
Sec. 4309. Cooperative purchasing.
Sec. 4310. Procurement notice technical amendments.
Sec. 4311. Micro-purchases without competitive quotations.
Subtitle B--Technical Amendments
Sec. 4321. Amendments related to Federal Acquisition Streamlining Act
of 1994.
Sec. 4322. Miscellaneous amendments to Federal acquisition laws.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
Sec. 4401. Effective date and applicability.
Sec. 4402. Implementing regulations.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
Sec. 5101. Repeal of central authority of the Administrator of General
Services.
Subtitle B--Director of the Office of Management and Budget
Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.
Subtitle C--Executive Agencies
Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.
Subtitle D--Other Responsibilities
Sec. 5131. Responsibilities regarding efficiency, security, and privacy
of Federal computer systems.
Sec. 5132. Sense of Congress.
Subtitle E--National Security Systems
Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.
Subtitle B--Specific Pilot Programs
Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the
directory established under section 4101 of title 44,
United States Code.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge
to contracting action.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.
Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to
paperwork reduction.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.
In the case of any provision of this Act, or any amendment
made by a provision of this Act, requiring the submission of
a report to Congress (or any committee of Congress), that
report shall be submitted not later than the later of--
(1) the date established for submittal of the report in
such provision or amendment; or
(2) the date that is 45 days after the date of the
enactment of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Army as follows:
(1) For aircraft, $1,558,805,000.
(2) For missiles, $865,555,000.
(3) For weapons and tracked combat vehicles,
$1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,572,394,000.
(2) For weapons, including missiles and torpedoes,
$1,659,827,000.
(3) For shipbuilding and conversion, $6,643,958,000.
(4) For other procurement, $2,414,771,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1996 for procurement for the
Marine Corps in the amount of $458,947,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition
for the Navy and the Marine Corps in the amount of
$430,053,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Air Force as follows:
(1) For aircraft, $7,349,783,000.
(2) For missiles, $2,938,883,000.
(3) For ammunition, $343,848,000.
(4) For other procurement, $6,268,430,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for Defense-wide procurement in the amount of
$2,124,379,000.
[[Page 65]]
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $160,000,000.
(2) For the Air National Guard, $255,000,000.
(3) For the Army Reserve, $85,700,000.
(4) For the Naval Reserve, $67,000,000.
(5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Inspector General of the
Department of Defense in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1996 the amount of $672,250,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$288,033,000.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF OH-58D ARMED KIOWA WARRIOR
HELICOPTERS.
The prohibition in section 133(a)(2) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1383) does not apply to the
obligation of funds in amounts not to exceed $140,000,000 for
the procurement of not more than 20 OH-58D Armed Kiowa
Warrior aircraft from funds appropriated for fiscal year 1996
pursuant to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE
UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act
(22 U.S.C. 2761) is repealed.
SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into multiyear
procurement contracts for procurement of the following:
(1) AH-64D Longbow Apache attack helicopters.
(2) UH-60 Black Hawk utility helicopters.
SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army
shall submit to Congress a report on plans to procure T700-
701C engine upgrade kits for Army AH-64D helicopters. The
report shall include--
(1) a plan to provide for the upgrade of all Army AH-64D
helicopters with T700-701C engine kits commencing in fiscal
year 1996; and
(2) a detailed timeline and statement of funding
requirements for the engine upgrade program described in
paragraph (1).
SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED
MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY SMALL
ARMS PROCUREMENT.
(a) Requirement.--The Secretary of the Army (subject to the
provision of authority in an appropriations Act) shall enter
into a multiyear procurement contract during fiscal year 1997
in accordance with section 115(b)(2) of the National Defense
Authorization for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2681).
(b) Technical Amendment.--Section 115(b)(1) of the National
Defense Authorization for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2681) is amended by striking out ``2306(h)''
and inserting in lieu thereof ``2306b''.
Subtitle C--Navy Programs
SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) Amounts Authorized.--(1) Of the amount authorized by
section 102 to be appropriated for Shipbuilding and
Conversion, Navy, for fiscal year 1996--
(A) $700,000,000 is available for construction of the third
vessel (designated SSN-23) in the Seawolf attack submarine
class, which shall be the final vessel in that class; and
(B) $804,498,000 is available for long-lead and advance
construction and procurement of components for construction
of the fiscal year 1998 and fiscal year 1999 submarines
(previously designated by the Navy as the New Attack
Submarine), of which--
(i) $704,498,000 shall be available for long-lead and
advance construction and procurement for the fiscal year 1998
submarine, which shall be built by Electric Boat Division;
and
(ii) $100,000,000 shall be available for long-lead and
advance construction and procurement for the fiscal year 1999
submarine, which shall be built by Newport News Shipbuilding.
(2) Of the amount authorized by section 201(2), $10,000,000
shall be available only for participation of Newport News
Shipbuilding in the design of the submarine previously
designated by the Navy as the New Attack Submarine.
(b) Competition, Report, and Budget Revision Limitations.--
(1) Of the amounts specified in subsection (a)(1), not more
than $200,000,000 may be obligated or expended until the
Secretary of the Navy certifies in writing to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives that procurement of
nuclear attack submarines to be constructed beginning--
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for in the
plan described in subsection (c), after fiscal year 2001,
will be under one or more contracts that are entered into
after competition between potential competitors (as defined
in subsection (k)) in which the Secretary solicits
competitive proposals and awards the contract or contracts on
the basis of price.
(2) Of the amounts specified in subsection (a)(1), not more
than $1,000,000,000 may be obligated or expended until the
Secretary of Defense, not later than March 15, 1996,
accomplishes each of the following:
(A) Submits to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives in accordance with subsection (c) the plan
required by that subsection for a program to produce a more
capable, less expensive nuclear attack submarine than the
submarine design previously designated by the Navy as the New
Attack Submarine.
(B) Notwithstanding any other provision of law, or the
funding level in the President's budget for each year after
fiscal year 1996, the Under Secretary of Defense
(Comptroller) shall incorporate the costs of the plan
required by subsection (c) in the Future Years Defense
Program (FYDP) even if the total cost of that Program exceeds
the President's budget.
(C) Directs that the Under Secretary of Defense for
Acquisition and Technology conduct oversight over the
development and improvement of the nuclear attack submarine
program of the Navy. Officials of the Department of the Navy
exercising management oversight of the program shall report
to the Under Secretary of Defense for Acquisition and
Technology with respect to that program.
(c) Plan for Fiscal Year 1998, 1999, 2000, and 2001
Submarines.--(1) The Secretary of Defense shall, not later
than March 15, 1996, develop (and submit to the committees
specified in subsection (b)(2)(A)) a detailed plan for
development of a program that will lead to production of a
more capable, less expensive submarine than the submarine
previously designated as the New Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a
program for the design, development, and procurement of four
nuclear attack submarines to be procured during fiscal years
1998 through 2001, the purpose of which shall be to develop
and demonstrate new technologies that will result in each
successive submarine of those four being a more capable and
more affordable submarine than the submarine that preceded
it. The program shall be structured so that--
(A) one of the four submarines is to be constructed with
funds appropriated for each fiscal year from fiscal year 1998
through fiscal year 2001;
(B) in order to ensure flexibility for innovation, the
fiscal year 1998 and the fiscal year 2000 submarines are to
be constructed by the Electric Boat Division and the fiscal
year 1999 and the fiscal year 2001 submarines are to be
constructed by Newport News Shipbuilding;
(C) the design designated by the Navy for the submarine
previously designated as the New Attack Submarine will be
used as the base design by both contractors;
(D) each contractor shall be called upon to propose
improvements, including design improvements, for each
successive submarine as new and better technology is
demonstrated and matures so that--
(i) each successive submarine is more capable and more
affordable; and
(ii) the design for a future class of nuclear attack
submarines will incorporate the latest, best, and most
affordable technology; and
(E) the fifth and subsequent nuclear attack submarines to
be built after the SSN-23 submarine shall be procured as
required by subsection (b)(1).
(3) The plan under paragraph (1) shall--
(A) set forth a program to accomplish the design,
development, and construction of the four submarines taking
maximum advantage of a streamlined acquisition process, as
provided under subsection (d);
(B) culminate in selection of a design for a next submarine
for serial production not earlier than fiscal year 2003, with
such submarine to be procured as required by subsection
(b)(1);
(C) identify advanced technologies that are in various
phases of research and development, as well as those that are
commercially available off-the-shelf, that are candidates to
be incorporated into the plan to design, develop, and procure
the submarines;
(D) designate the fifth submarine to be procured as the
lead ship in the next generation submarine class, unless the
Secretary of the Navy, in consultation with the special
submarine review panel described in subsection (f),
determines that more submarines should be built before the
design of the new class of submarines is fixed, in which case
each such additional submarine shall be procured in the same
manner as is required by subsection (b)(1); and
(E) identify the impact of the submarine program described
in paragraph (1) on the remainder of the appropriation
account known as ``Shipbuilding and Conversion, Navy'', as
such impact relates to--
[[Page 66]]
(i) force structure levels required by the October 1993
Department of Defense report entitled ``Report on the Bottom-
Up Review'';
(ii) force structure levels required by the 1995 report on
the Surface Ship Combatant Study that was carried out for the
Department of Defense; and
(iii) the funding requirements for submarine construction,
as a percentage of the total ship construction account, for
each fiscal year throughout the FYDP.
(4) As part of such plan, the Secretary shall provide--
(A) cost estimates and schedules for developing new
technologies that may be used to make submarines more capable
and more affordable; and
(B) an analysis of significant risks associated with
fielding the new technologies on the schedule proposed by the
Secretary and significant increased risks that are likely to
be incurred by accelerating that schedule.
(d) Streamlined Acquisition Process.--The Secretary of
Defense shall prescribe and use streamlined acquisition
policies and procedures to reduce the cost and increase the
efficiency of the submarine program under this section.
(e) Annual Revisions to Plan.--The Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives an annual update to the plan required to be
submitted under subsection (b). Each such update shall be
submitted concurrent with the President's budget submission
to Congress for each of fiscal years 1998 through 2002.
(f) Special Submarine Review Panel.--(1) The plan under
subsection (c) and each annual update under subsection (e)
shall be reviewed by a special bipartisan congressional panel
working with the Navy. The panel shall consist of three
members of the Committee on Armed Services of the Senate, who
shall be designated by the chairman of that committee, and
three members of the Committee on National Security of the
House of Representatives, who shall be designated by the
chairman of that committee. The members of the panel shall be
briefed by the Secretary of the Navy on the status of the
submarine modernization program and the status of submarine-
related research and development under this section.
(2) Not later than May 1 of each year, the panel shall
report to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives on the panel's findings and recommendations
regarding the progress of the Secretary in procuring a more
capable, less expensive submarine. The panel may recommend
any funding adjustments it believes appropriate to achieve
this objective.
(g) Linkage of Fiscal Year 1998 and 1999 Submarines.--Funds
referred to in subsection (a)(1)(B) that are available for
the fiscal year 1998 and fiscal year 1999 submarines under
this section may not be expended during fiscal year 1996 for
the fiscal year 1998 submarine (other than for design) unless
funds are obligated or expended during such fiscal year for a
contract in support of procurement of the fiscal year 1999
submarine.
(h) Contracts Authorized.--The Secretary of the Navy is
authorized, using funds available pursuant to paragraph
(1)(B) of subsection (a), to enter into contracts with
Electric Boat Division and Newport News Shipbuilding, and
suppliers of components, during fiscal year 1996 for--
(1) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(2) advance construction of such components and other
components for such submarines.
(i) Advanced Research Projects Agency Development of
Advanced Technologies.--(1) Of the amount provided in section
201(4) for the Advanced Research Projects Agency,
$100,000,000 is available only for development and
demonstration of advanced technologies for incorporation into
the submarines constructed as part of the plan developed
under subsection (c). Such advanced technologies shall
include the following:
(A) Electric drive.
(B) Hydrodynamic quieting.
(C) Ship control automation.
(D) Solid-state power electronics.
(E) Wake reduction technologies.
(F) Superconductor technologies.
(G) Torpedo defense technologies.
(H) Advanced control concept.
(I) Fuel cell technologies.
(J) Propulsors.
(2) The Director of the Advanced Research Projects Agency
shall implement a rapid prototype acquisition strategy for
both land-based and at-sea subsystem and system
demonstrations of advanced technologies under paragraph (1).
Such acquisition strategy shall be developed and implemented
in concert with Electric Boat Division and Newport News
Shipbuilding and the Navy.
(j) References to Contractors.--For purposes of this
section--
(1) the contractor referred to as ``Electric Boat
Division'' is the Electric Boat Division of the General
Dynamics Corporation; and
(2) the contractor referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and Drydock
Company.
(k) Potential Competitor Defined.--For purposes of this
section, the term ``potential competitor'' means any source
to which the Secretary of the Navy has awarded, within 10
years before the date of the enactment of this Act, a
contract or contracts to construct one or more nuclear attack
submarines.
SEC. 132. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Of the amount appropriated for fiscal year 1996 for the
National Defense Sealift Fund, $50,000,000 shall be available
only for the Director of the Advanced Research Projects
Agency for advanced submarine technology activities.
SEC. 133. COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement
of the SSN-21, SSN-22, and SSN-23 Seawolf class submarines
may not exceed $7,223,659,000.
(b) Automatic Increase of Limitation Amount.--The amount of
the limitation set forth in subsection (a) is increased by
the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to
economic inflation after September 30, 1995.
(3) The amounts of increases in costs attributable to
compliance with changes in Federal, State, or local laws
enacted after September 30, 1995.
(c) Repeal of Superseded Provision.--Section 122 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2682) is repealed.
SEC. 134. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT
SUBMARINES.
Section 124 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2683) is
repealed.
SEC. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authorization for Procurement of Six Vessels.--The
Secretary of the Navy is authorized to construct six Arleigh
Burke class destroyers in accordance with this section.
Within the amount authorized to be appropriated pursuant to
section 102(a)(3), $2,169,257,000 is authorized to be
appropriated for construction (including advance procurement)
for the Arleigh Burke class destroyers.
(b) Contracts.--(1) The Secretary is authorized to enter
into contracts in fiscal year 1996 for the construction of
three Arleigh Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to
enter into contracts for the construction of the other three
Arleigh Burke class destroyers covered by subsection (a),
subject to the availability of appropriations for such
destroyers.
(3) In awarding contracts for the six vessels covered by
subsection (a), the Secretary shall continue the contract
award pattern and sequence used by the Secretary for the
procurement of Arleigh Burke class destroyers during fiscal
years 1994 and 1995.
(4) A contract for construction of a vessel or vessels that
is entered into in accordance with paragraph (1) shall
include a clause that limits the liability of the Government
to the contractor for any termination of the contract. The
maximum liability of the Government under the clause shall be
the amount appropriated for the vessel or vessels.
(c) Use of Available Funds.--(1) Subject to paragraph (2),
the Secretary may take appropriate actions to use for full
funding of a contract entered into in accordance with
subsection (b)--
(A) any funds that, having been appropriated for
shipbuilding and conversion programs of the Navy other than
Arleigh Burke class destroyer programs pursuant to the
authorization in section 102(a)(3), become excess to the
needs of the Navy for such programs by reason of cost savings
achieved for such programs;
(B) any unobligated funds that are available to the
Secretary for shipbuilding and conversion for any fiscal year
before fiscal year 1996; and
(C) any funds that are appropriated after the date of the
enactment of the Department of Defense Appropriations Act,
1996, to complete the full funding of the contract.
(2) The Secretary may not, in the exercise of authority
provided in subparagraph (A) or (B) of paragraph (1),
obligate funds for a contract entered into in accordance with
subsection (b) until 30 days after the date on which the
Secretary submits to the congressional defense committees in
writing a notification of the intent to obligate the funds.
The notification shall set forth the source or sources of the
funds and the amount of the funds from each such source that
is to be so obligated.
SEC. 136. ACQUISITION PROGRAM FOR CRASH ATTENUATING SEATS.
(a) Program Authorized.--The Secretary of the Navy shall
establish a program to procure for, and install in, H-53E
military transport helicopters commercially developed, energy
absorbing, crash attenuating seats that the Secretary
determines are consistent with military specifications for
seats for such helicopters.
(b) Funding.--To the extent provided in appropriations
Acts, of the unobligated balance of amounts appropriated for
the Legacy Resource Management Program pursuant to the
authorization of appropriations in section 301(5) of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2706), not more than
$10,000,000 shall be available to the Secretary of the Navy,
by transfer to the appropriate accounts, for carrying out the
program authorized in subsection (a).
SEC. 137. T-39N TRAINER AIRCRAFT.
(a) Limitation.--The Secretary of the Navy may not enter
into a contract, using funds
[[Page 67]]
appropriated for fiscal year 1996 for procurement of aircraft
for the Navy, for the acquisition of the aircraft described
in subsection (b) until 60 days after the date on which the
Under Secretary of Defense for Acquisition and Technology
submits to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives--
(1) an analysis of the proposed acquisition of such
aircraft; and
(2) a certification that the proposed acquisition during
fiscal year 1996 (A) is in the best interest of the
Government, and (B) is the most cost effective means of
meeting the requirements of the Navy for aircraft for use in
the training of naval flight officers.
(b) Covered Aircraft.--Subsection (a) applies to certain T-
39 trainer aircraft that as of November 1, 1995 (1) are used
by the Navy under a lease arrangement for the training of
naval flight officers, and (2) are offered for sale to the
Government.
SEC. 138. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than one-sixth of the amount appropriated pursuant
to this Act for the activities and operations of the Unmanned
Aerial Vehicle Joint Program Office (UAV-JPO), and none of
the unobligated balances of funds appropriated for fiscal
years before fiscal year 1996 for the activities and
operations of such office, may be obligated until the
Secretary of the Navy certifies to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives that funds have been
obligated to equip nine Pioneer Unmanned Aerial Vehicle
systems with the Common Automatic Landing and Recovery System
(CARS).
Subtitle D--Air Force Programs
SEC. 141. B-2 AIRCRAFT PROGRAM.
(a) Repeal of Limitations.--The following provisions of law
are repealed:
(1) Section 151(c) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2339).
(2) Sections 131(c) and 131(d) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1569).
(3) Section 133(e) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2688).
(b) Conversion of Limitation to Annual Report
Requirement.--Section 112 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1373) is amended--
(1) by striking out subsection (a);
(2) by striking out the matter in subsection (b) preceding
paragraph (1) and inserting in lieu thereof the following:
``(a) Annual Reporting Requirement.--Not later than March 1
of each year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
that sets forth the finding of the Secretary (as of January 1
of such year) on each of the following matters:'';
(3) by striking out ``That'' in paragraphs (1), (2), (3),
(4), and (5) and inserting in lieu thereof ``Whether'';
(4) in paragraph (1), by striking out ``latest'' and all
that follows through ``100-180'' and inserting in lieu
thereof ``Requirements Correlation Matrix found in the user-
defined Operational Requirements Document (as contained in
Attachment B to a letter from the Secretary of Defense to
Congress dated October 14, 1993)'';
(5) in paragraph (3), by striking out ``congressional
defense'';
(6) in paragraph (4), by striking out ``such certification
to be submitted'';
(7) by adding at the end the following:
``(b) First Report.--The Secretary shall submit the first
annual report under subsection (a) not later than March 1,
1996.''; and
(8) by amending the section heading to read as follows:
``SEC. 112. ANNUAL REPORT ON B-2 BOMBER AIRCRAFT PROGRAM.''.
(c) Repeal of Condition on Obligation of Funds in Enhanced
Bomber Capability Fund.--Section 133(d)(3) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2688) is amended by striking out ``If,''
and all that follows through ``bombers, the Secretary'' and
inserting in lieu thereof ``The Secretary''.
SEC. 142. PROCUREMENT OF B-2 BOMBERS.
Of the amount authorized to be appropriated by section 103
for the B-2 bomber procurement program, not more than
$279,921,000 may be obligated or expended before March 31,
1996.
SEC. 143. MC-130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an
award fee and the procurement of contractor-furnished
equipment for the MC-130H Combat Talon aircraft set forth in
section 161(a) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1388) shall cease to apply upon determination by the Director
of Operational Test and Evaluation (and submission of a
certification of that determination to the congressional
defense committees) that, based on the operational test and
evaluation and the analysis conducted on that aircraft to the
date of that determination, such aircraft is operationally
effective and meets the needs of its intended users.
Subtitle E--Chemical Demilitarization Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH
DEVELOPMENT OF CHEMICAL DEMILITARIZATION
CRYOFRACTURE FACILITY AT TOOELE ARMY DEPOT,
UTAH.
Subsection (a) of section 173 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1393) is repealed.
SEC. 152. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.
(a) In General.--The Secretary of Defense shall proceed
with the program for destruction of the chemical munitions
stockpile of the Department of Defense while maintaining the
maximum protection of the environment, the general public,
and the personnel involved in the actual destruction of the
munitions. In carrying out such program, the Secretary shall
use technologies and procedures that will minimize the risk
to the public at each site.
(b) Initiation of Demilitarization Operations.--The
Secretary of Defense may not initiate destruction of the
chemical munitions stockpile stored at a site until the
following support measures are in place:
(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to
that installation.
(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that
installation, as approved by the appropriate State regulatory
agencies.
(c) Assessment of Alternatives.--(1) The Secretary of
Defense shall conduct an assessment of the current chemical
demilitarization program and of measures that could be taken
to reduce significantly the total cost of the program, while
ensuring maximum protection of the general public, the
personnel involved in the demilitarization program, and the
environment. The measures considered shall be limited to
those that would minimize the risk to the public. The
assessment shall be conducted without regard to any
limitation that would otherwise apply to the conduct of such
an assessment under any provision of law.
(2) The assessment shall be conducted in coordination with
the National Research Council.
(3) Based on the results of the assessment, the Secretary
shall develop appropriate recommendations for revision of the
chemical demilitarization program.
(4) Not later than March 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees an
interim report assessing the current status of the chemical
stockpile demilitarization program, including the results of
the Army's analysis of the physical and chemical integrity of
the stockpile and implications for the chemical
demilitarization program, and providing recommendations for
revisions to that program that have been included in the
budget request of the Department of Defense for fiscal year
1997. The Secretary shall submit to the congressional defense
committees with the submission of the budget request of the
Department of Defense for fiscal year 1998 a final report on
the assessment conducted in accordance with paragraph (1) and
recommendations for revision to the program, including an
assessment of alternative demilitarization technologies and
processes to the baseline incineration process and potential
reconfiguration of the stockpile that should be incorporated
in the program.
(d) Assistance for Chemical Weapons Stockpile Communities
Affected by Base Closure.--(1) The Secretary of Defense shall
review and evaluate issues associated with closure and
reutilization of Department of Defense facilities co-located
with continuing chemical stockpile and chemical
demilitarization operations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these
communities and the unique reuse problems facing local
communities associated with ongoing chemical weapons
programs.
(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of these
facilities to local communities for reuse by those
communities.
(3) The Secretary shall submit to the congressional defense
committees a report on the review and evaluation under this
subsection. The report shall be submitted not later than 90
days after the date of the enactment of this Act.
SEC. 153. ADMINISTRATION OF CHEMICAL DEMILITARIZATION
PROGRAM.
(a) Travel Funding for Members of Chemical Demilitarization
Citizens' Advisory Commissions.--Section 172(g) of Public Law
102-484 (50 U.S.C. 1521 note) is amended to read as follows:
``(g) Pay and Expenses.--Members of each commission shall
receive no pay for their involvement in the activities of
their commissions. Funds appropriated for the Chemical
Stockpile Demilitarization Program may be used for travel and
associated travel costs for Citizens' Advisory Commissioners,
when such travel is conducted at the invitation of the
Assistant Secretary of the Army (Research, Development, and
Acquisition).''.
(b) Quarterly Report Concerning Travel Funding for
Citizens' Advisory Commissioners.--Section 1412(g) of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(g)), is amended--
[[Page 68]]
(1) by striking out ``(g) Annual Report.--'' and inserting
in lieu thereof ``(g) Periodic Reports.--'';
(2) in paragraph (2)--
(A) by striking out ``Each such report shall con-
tain--'' and inserting in lieu thereof ``Each annual report
shall contain--''
(B) in subparagraph (B)--
(i) by striking out ``and'' at the end of clause (iv);
(ii) by striking out the period at the end of clause (v)
and inserting in lieu thereof ``; and''; and
(iii) by adding at the end the following:
``(vi) travel and associated travel costs for Citizens'
Advisory Commissioners under section 172(g) of Public Law
102-484 (50 U.S.C. 1521 note).'';
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary shall transmit to the Committee on
Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the
Committee on Appropriations of the House of Representatives a
quarterly report containing an accounting of all funds
expended (during the quarter covered by the report) for
travel and associated travel costs for Citizens' Advisory
Commissioners under section 172(g) of Public Law 102-484 (50
U.S.C. 1521 note). The quarterly report for the final quarter
of the period covered by a report under paragraph (1) may be
included in that report.''; and
(5) in paragraph (4), as redesignated by paragraph (3)--
(A) by striking out ``this subsection'' and inserting in
lieu thereof ``paragraph (1)''; and
(B) by adding at the end the following: ``No quarterly
report is required under paragraph (3) after the transmittal
of the final report under paragraph (1).''.
(c) Director of Program.--Section 1412(e)(3) of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(e)(3)), is amended by inserting ``or civilian
equivalent'' after ``general officer''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,737,581,000.
(2) For the Navy, $8,474,783,000.
(3) For the Air Force, $12,914,868,000.
(4) For Defense-wide activities, $9,693,180,000, of which--
(A) $251,082,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $22,587,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY
DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be
appropriated by section 201, $4,088,879,000 shall be
available for basic research and exploratory development
projects.
(b) Basic Research and Exploratory Development Defined.--
For purposes of this section, the term ``basic research and
exploratory development'' means work funded in program
elements for defense research and development under
Department of Defense category 6.1 or 6.2.
SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH
AND DEVELOPMENT PROGRAM.
(a) Council Membership.--Section 2902(b) of title 10,
United States Code, is amended--
(1) by striking out ``thirteen'' and inserting in lieu
thereof ``12'';
(2) by striking out paragraph (3);
(3) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), and (10) as paragraphs (3), (4), (5), (6), (7), (8), and
(9), respectively; and
(4) in paragraph (8), as redesignated, by striking out ``,
who shall be nonvoting members''.
(b) Annual Report.--(1) Section 2902 of such title is
amended in subsection (d)--
(A) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) To prepare an annual report that contains the
following:
``(A) A description of activities of the strategic
environmental research and development program carried out
during the fiscal year before the fiscal year in which the
report is prepared.
``(B) A general outline of the activities planned for the
program during the fiscal year in which the report is
prepared.
``(C) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in
which the report is prepared and during the following fiscal
year.''; and
(B) in paragraph (4), by striking out ``Federal
Coordinating Council on Science, Engineering, and
Technology'' and inserting in lieu thereof ``National Science
and Technology Council''.
(2) Section 2902 of such title is further amended--
(A) by striking out subsections (f) and (h);
(B) by redesignating subsection (g) as subsection (f); and
(C) by adding at the end the following new subsection:
``(g)(1) Not later than February 1 of each year, the
Council shall submit to the Secretary of Defense the annual
report prepared pursuant to subsection (d)(3).
``(2) Not later than March 15 of each year, the Secretary
of Defense shall submit such annual report to Congress, along
with such comments as the Secretary considers appropriate.''.
(3) The amendments made by this subsection shall apply with
respect to the annual report prepared during fiscal year 1997
and each fiscal year thereafter.
(c) Policies and Procedures.--Section 2902(e) of such title
is amended in paragraph (3) by striking out ``programs,
particularly'' and all that follows through the end of the
paragraph and inserting in lieu thereof ``programs;''.
(d) Competitive Procedures.--Section 2903(c) of such title
is amended--
(1) by striking out ``or'' after ``contracts'' and
inserting in lieu thereof ``using competitive procedures. The
Executive Director may enter into''; and
(2) by striking out ``law, except that'' and inserting in
lieu thereof ``law. In either case,''.
(e) Continuation of Expiring Authority.--(1) Section
2903(d) of such title is amended in paragraph (2) by striking
out the last sentence.
(2) The amendment made by paragraph (1) shall take effect
as of September 29, 1995.
SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE.
(a) Fiscal Year 1996 Amount.--Of the amount authorized to
be appropriated in section 201(4), $195,000,000 shall be
available for the defense dual use technology initiative
conducted under chapter 148 of title 10, United States Code.
(b) Availability of Funds for Existing Technology
Reinvestment Projects.--The Secretary of Defense shall use
amounts made available for the defense dual use technology
initiative under subsection (a) only for the purpose of
continuing or completing technology reinvestment projects
that were initiated before October 1, 1995.
(c) Notice Concerning Projects To Be Carried Out.--Of the
amounts made available for the defense dual use technology
initiative under subsection (a)--
(1) $145,000,000 shall be available for obligation only
after the date on which the Secretary of Defense notifies the
congressional defense committees regarding the defense
reinvestment projects to be funded using such funds; and
(2) the remaining $50,000,000 shall be available for
obligation only after the date on which the Secretary of
Defense certifies to the congressional defense committees
that the defense reinvestment projects to be funded using
such funds have been determined by the Joint Requirements
Oversight Council to be of significant military priority.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount authorized to be
appropriated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable
rocket technology program.
(b) Limitation.--Funds made available pursuant to
subsection (a)(1) may be obligated only to the extent that
the fiscal year 1996 current operating plan of the National
Aeronautics and Space Administration allocates at least an
equal amount for its Reusable Space Launch program.
SEC. 212. TACTICAL MANNED RECONNAISSANCE.
(a) Limitation.--None of the amounts appropriated or
otherwise made available pursuant to an authorization in this
Act may be used by the Secretary of the Air Force to conduct
research, development, test, or evaluation for a replacement
aircraft, pod, or sensor payload for the tactical manned
reconnaissance mission until the report required by
subsection (b) is submitted to the congressional defense
committees.
(b) Report.--The Secretary of the Air Force shall submit to
the congressional defense committees a report setting forth
in detail information about the manner in which the funds
authorized by section 201 of this Act and section 201 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2690) are planned to be used
during fiscal year 1996 for research, development, test, and
evaluation for the Air Force tactical manned reconnaissance
mission. At a minimum, the report shall include the sources,
by program element, of the funds and the purposes for which
the funds are planned to be used.
SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$200,156,000 shall be available for the Joint Advanced Strike
Technology (JAST) program. Of that amount--
(1) $83,795,000 shall be available for program element
63800N in the budget of the Department of Defense for fiscal
year 1996;
(2) $85,686,000 shall be available for program element
63800F in such budget; and
(3) $30,675,000 shall be available for program element
63800E in such budget.
(b) Additional Allocation.--Of the amounts made available
under paragraphs (1), (2), and (3) of subsection (a)--
(1) $25,000,000 shall be available from the amount
authorized to be appropriated pursuant to the authorization
in section 201(2) for the conduct, during fiscal year 1996,
of a 6-month program definition phase for the A/F117X, an F-
117 fighter aircraft modified for use by the Navy as a long-
range, medium attack aircraft; and
(2) $7,000,000 shall be available to provide for
competitive engine concepts.
(c) Limitation.--Not more than 75 percent of the amount
appropriated for the Joint Ad
[[Page 69]]
vanced Strike Technology program pursuant to the
authorizations in section 201 may be obligated until a period
of 30 days has expired after the report required by
subsection (d) is submitted to the congressional defense
committees.
(d) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified
and classified forms, not later than March 1, 1996, that sets
forth in detail the following information for the period 1997
through 2005:
(1) The total joint requirement, assuming the capability to
successfully conduct two nearly simultaneous major regional
contingencies, for the following:
(A) Numbers of bombers, tactical combat aircraft, and
attack helicopters and the characteristics required of those
aircraft in terms of capabilities, range, and low-
observability.
(B) Surface- and air-launched standoff precision guided
munitions.
(C) Cruise missiles.
(D) Ground-based systems, such as the Extended Range-
Multiple Launch Rocket System and the Army Tactical Missile
System (ATACMS), for joint warfighting capability.
(2) The warning time assumptions for two nearly
simultaneous major regional contingencies, and the effects on
future tactical attack/fighter aircraft requirements using
other warning time assumptions.
(3) The requirements that exist for the Joint Advanced
Strike Technology program that cannot be met by existing
aircraft or by those in development.
SEC. 214. DEVELOPMENT OF LASER PROGRAM.
Of the amount authorized to be appropriated by section
201(2), $9,000,000 shall be used for the development by the
Naval High Energy Laser Office of a continuous wave,
superconducting radio frequency free electron laser program.
SEC. 215. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1317) is amended--
(1) by striking out ``Director, Defense Research and
Engineering'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology''; and
(2) by striking out ``fiscal years 1995 through 1999'' and
inserting in lieu thereof ``fiscal years 1996 through 1999''.
SEC. 216. SPACE-BASED INFRARED SYSTEM.
(a) Program Baseline.--The Secretary of Defense shall
establish a program baseline for the Space-Based Infrared
System. Such baseline shall--
(1) include--
(A) program cost and an estimate of the funds required for
development and acquisition activities for each fiscal year
in which such activities are planned to be carried out;
(B) a comprehensive schedule with program milestones and
exit criteria; and
(C) optimized performance parameters for each segment of an
integrated space-based infrared system;
(2) be structured to achieve initial operational capability
of the low earth orbit space segment (the Space and Missile
Tracking System) in fiscal year 2003, with a first launch of
Block I satellites in fiscal year 2002;
(3) ensure integration of the Space and Missile Tracking
System into the architecture of the Space-Based Infrared
System; and
(4) ensure that the performance parameters of all space
segment components are selected so as to optimize the
performance of the Space-Based Infrared System while
minimizing unnecessary redundancy and cost.
(b) Report on Program Baseline.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report, in classified and unclassified forms as necessary,
on the program baseline established under subsection (a).
(c) Establishment of Program Elements.--In the budget
justification materials submitted to Congress in support of
the Department of Defense budget for any fiscal year after
fiscal year 1996 (as submitted in the budget of the President
under section 1105(a) of title 31, United States Code), the
amount requested for the Space-Based Infrared System shall be
set forth in accordance with the following program elements:
(1) Space Segment High.
(2) Space Segment Low (Space and Missile Tracking System).
(3) Ground Segment.
(d) Funding for Fiscal Year 1996.--Of the amounts
authorized to be appropriated pursuant to section 201(3) for
fiscal year 1996, or otherwise made available to the
Department of Defense for fiscal year 1996, the following
amounts shall be available for the Space-Based Infrared
System:
(1) $265,744,000 for demonstration and validation, of which
$249,824,000 shall be available for the Space and Missile
Tracking System.
(2) $162,219,000 for engineering and manufacturing
development, of which $9,400,000 shall be available for the
Miniature Sensor Technology Integration program.
SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) Agency Funding.--Of the amounts authorized to be
appropriated to the Department of Defense in section 201,
$241,703,000 shall be available for the Defense Nuclear
Agency.
(b) Tunnel Characterization and Neutralization Program.--Of
the amount made available under subsection (a), $3,000,000
shall be available for a tunnel characterization and
neutralization program to be managed by the Defense Nuclear
Agency as part of the counterproliferation activities of the
Department of Defense.
(c) Long-Term Radiation Tolerant Microelectronics
Program.--(1) Of the amount made available under subsection
(a), $6,000,000 shall be available for the establishment of a
long-term radiation tolerant microelectronics program to be
managed by the Defense Nuclear Agency for the purposes of--
(A) providing for the development of affordable and
effective hardening technologies and for incorporation of
such technologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in regional
threat scenarios does not interrupt or defeat the continued
operability of systems of the Armed Forces exposed to the
combined effects of radiation emitted by the weapon.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to
Congress a report on how the long-term radiation tolerant
microelectronics program is to be conducted and funded in the
fiscal years after fiscal year 1996 that are covered by the
future-years defense program submitted to Congress in 1995.
(d) Thermionics Program.--Of the amount made available
under subsection (a), $10,000,000 shall be available for the
thermionics program, to be managed by the Defense Nuclear
Agency.
(e) Electrothermal Gun Technology Program.--Of the amount
made available under subsection (a), $4,000,000 shall be
available for the electrothermal gun technology program of
the Defense Nuclear Agency.
(f) Counterterror Explosives Research Program.--Of the
amount made available under subsection (a), $4,000,000 shall
be available for the counterterror explosives research
program of the Defense Nuclear Agency.
(g) Transfer of Unobligated Balance.--The Secretary of
Defense shall transfer to the Defense Nuclear Agency, to be
available for the thermionics program, an amount not to
exceed $12,000,000 from the unobligated balance of funds
authorized and appropriated for research, development, test,
and evaluation for fiscal year 1995 for the Air Force for the
Advanced Weapons Program.
SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $138,237,000
shall be available for the Counterproliferation Support
Program, of which $30,000,000 shall be available for a
tactical antisatellite technologies program.
(b) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section
1001, upon determination by the Secretary of Defense that
such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 1996 to counterproliferation programs, projects,
and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1845).
Amounts of authorizations so transferred shall be merged with
and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations transferred under
the authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
SEC. 219. NONLETHAL WEAPONS STUDY.
(a) Findings.--Congress finds the following:
(1) The role of the United States military in operations
other than war has increased.
(2) Weapons and instruments that are nonlethal in
application yet immobilizing could have widespread
operational utility and application.
(3) The use of nonlethal weapons in operations other than
war poses a number of important doctrine, legal, policy, and
operations questions which should be addressed in a
comprehensive and coordinated manner.
(4) The development of nonlethal technologies continues to
spread across military and agency budgets.
(5) The Department of Defense should provide improved
budgetary focus and management direction to the nonlethal
weapons program.
(b) Responsibility for Development of Nonlethal Weapons
Technology.--Not later than February 15, 1996, the Secretary
of Defense shall assign centralized responsibility for
development (and any other func
[[Page 70]]
tional responsibility the Secretary considers appropriate) of
nonlethal weapons technology to an existing office within the
Office of the Secretary of Defense or to a military service
as the executive agent.
(c) Report.--Not later than February 15, 1996, the
Secretary of Defense shall submit to Congress a report
setting forth the following:
(1) The name of the office or military service assigned
responsibility for the nonlethal weapons program by the
Secretary of Defense pursuant to subsection (b) and a
discussion of the rationale for such assignment.
(2) The degree to which nonlethal weapons are required by
more than one of the armed forces.
(3) The time frame for the development and deployment of
such weapons.
(4) The appropriate role of the military departments and
defense agencies in the development of such weapons.
(5) The military doctrine, legal, policy, and operational
issues that must be addressed by the Department of Defense
before such weapons achieve operational capability.
(d) Authorization.--Of the amount authorized to be
appropriated under section 201(4), $37,200,000 shall be
available for nonlethal weapons programs and nonlethal
technologies programs.
(e) Definition.--For purposes of this section, the term
``nonlethal weapon'' means a weapon or instrument the effect
of which on human targets is less than fatal.
SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
AND UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996
pursuant to an authorization of appropriations in section 201
may be obligated to procure work from a federally funded
research and development center (in this section referred to
as an ``FFRDC'') or a university-affiliated research center
(in this section referred to as a ``UARC'') only in the case
of a center named in the report required by subsection (b)
and, in the case of such a center, only in an amount not in
excess of the amount of the proposed funding level set forth
for that center in such report.
(b) Report on Allocations for Centers.--(1) Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report containing--
(A) the name of each FFRDC and UARC from which work is
proposed to be procured for the Department of Defense for
fiscal year 1996; and
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1996.
(2) The total of the proposed funding levels set forth in
the report for all FFRDCs and UARCs may not exceed the amount
set forth in subsection (d).
(c) Limitation Pending Submission of Report.--Not more than
15 percent of the funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996
pursuant to an authorization of appropriations in section 201
for FFRDCs and UARCs may be obligated to procure work from an
FFRDC or UARC until the Secretary of Defense submits the
report required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated
by section 201, not more than a total of $1,668,850,000 may
be obligated to procure services from the FFRDCs and UARCs
named in the report required by subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary
of Defense may waive the limitation regarding the maximum
funding amount that applies under subsection (a) to an FFRDC
or UARC. Whenever the Secretary proposes to make such a
waiver, the Secretary shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives notice of the proposed waiver
and the reasons for the waiver. The waiver may then be made
only after the end of the 60-day period that begins on the
date on which the notice is submitted to those committees,
unless the Secretary determines that it is essential to the
national security that funds be obligated for work at that
center in excess of that limitation before the end of such
period and notifies those committees of that determination
and the reasons for the determination.
(f) Five-Year Plan.--(1) The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall develop a five-year plan to reduce and
consolidate the activities performed by FFRDCs and UARCs and
establish a framework for the future workload of such
centers.
(2) The plan shall--
(A) set forth the manner in which the Secretary of Defense
could achieve by October 1, 2000, implementation by FFRDCs
and UARCs of only those core activities, as defined by the
Secretary, that require the unique capabilities and
arrangements afforded by such centers; and
(B) include an assessment of the number of personnel needed
in each FFRDC and UARC during each year over the five years
covered by the plan.
(3) Not later than February 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees
a report on the plan required by this subsection.
SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
Of the amount authorized to be appropriated under section
201(3), $9,500,000 shall be available for fiscal year 1996
(in program element 61101F in the budget of the Department of
Defense for fiscal year 1996) for continuation of the Joint
Seismic Program and Global Seismic Network.
SEC. 222. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for Other Missile Product
Improvement Programs, $10,000,000 is authorized to be
appropriated for a Hydra-70 rocket product improvement
program and to be made available under such program for full
qualification and operational platform certification of a
Hydra-70 rocket described in subsection (b) for use on the
Apache attack helicopter.
(b) Hydra-70 Rocket Covered.--The Hydra-70 rocket referred
to in subsection (a) is any Hydra-70 rocket that has as its
propulsion component a 2.75-inch rocket motor that is a
nondevelopmental item and uses a composite propellant.
(c) Competition Required.--The Secretary of the Army shall
conduct the product improvement program referred to in
subsection (a) with full and open competition.
(d) Submission of Technical Data Package Required.--Upon
the full qualification and operational platform certification
of a Hydra-70 rocket as described in subsection (a), the
contractor providing the rocket so qualified and certified
shall submit the technical data package for the rocket to the
Secretary of the Army. The Secretary shall use the technical
data package in competitions for contracts for the
procurement of Hydra-70 rockets described in subsection (b)
for the Army.
(e) Definitions.--For purposes of this section, the terms
``full and open competition'' and ``nondevelopmental item''
have the meanings given such terms in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403).
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF
ELECTRONIC COMBAT CONSOLIDATION MASTER PLAN.
(a) Limitation.--Not more than 75 percent of the amounts
appropriated or otherwise made available pursuant to the
authorization of appropriations in section 201 for test and
evaluation program elements 65896A, 65864N, 65807F, and
65804D in the budget of the Department of Defense for fiscal
year 1996 may be obligated until 14 days after the date on
which the congressional defense committees receive the plan
specified in subsection (b).
(b) Plan.--The plan referred to in subsection (a) is the
master plan for electronic combat consolidation described
under Defense-Wide Programs under Research, Development,
Test, and Evaluation in the Report of the Committee on Armed
Services of the House of Representatives on H.R. 4301 (House
Report 103-499), dated May 10, 1994.
SEC. 224. REPORT ON REDUCTIONS IN RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION.
(a) Report Requirement.--Not later than March 15, 1996, the
Under Secretary of Defense (Comptroller) shall submit to the
congressional defense committees a report that sets forth in
detail the allocation of reductions for research,
development, test, and evaluation described in subsection
(b).
(b) Description of Reductions.--The reductions for
research, development, test, and evaluation covered by
subsection (a) are the following Army, Navy, Air Force, and
Defense-wide reductions, as required by the Department of
Defense Appropriations Act, 1996:
(1) General reductions.
(2) Reductions to reflect savings from revised economic
assumptions.
(3) Reductions to reflect the funding ceiling for defense
federally funded research and development centers.
(4) Reductions for savings through improved management of
contractor automatic data processing costs charged through
indirect rates on Department of Defense acquisition
contracts.
SEC. 225. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) Authority To Use Funds for Alternative Propellant
Technologies.--During fiscal year 1996, the Secretary of the
Army may use funds appropriated for the liquid propellant
portion of the Advanced Field Artillery System (Crusader)
program for fiscal year 1996 for alternative propellant
technologies and integration of those technologies into the
design of the Crusader if--
(1) the Secretary determines that the technical risk
associated with liquid propellant will increase costs and
delay the initial operational capability of the Crusader; and
(2) the Secretary notifies the congressional defense
committees of the proposed use of the funds and the reasons
for the proposed use of the funds.
(b) Limitation.--The Secretary of the Army may not spend
funds for the liquid propellant portion of the Crusader
program after August 15, 1996, unless--
(1) the report required by subsection (c) has been
submitted by that date; and
(2) such report includes documentation of significant
progress, as determined by the Secretary, toward meeting the
objectives for the liquid propellant portion of the program,
as set forth in the baseline description for the Crusader
program and approved by the Office of the Secretary of
Defense on January 4, 1995.
(c) Report Required.--Not later than August 1, 1996, the
Secretary of the Army shall
[[Page 71]]
submit to the congressional defense committees a report
containing documentation of the progress being made in
meeting the objectives set forth in the baseline description
for the Crusader program and approved by the Office of the
Secretary of Defense on January 4, 1995. The report shall
specifically address the progress being made toward meeting
the following objectives:
(1) Establishment of breech and ignition design criteria
for rate of fire for the cannon of the Crusader.
(2) Selection of a satisfactory ignition concept for the
next prototype of the cannon.
(3) Selection, on the basis of modeling and simulation, of
design concepts to prevent chamber piston reversals, and
validation of the selected concepts by gun and mock chamber
firings.
(4) Achievement of an understanding of the chemistry and
physics of propellant burn resulting from the firing of
liquid propellant into any target zone, and achievement, on
the basis of modeling and simulation, of an ignition process
that is predictable.
(5) Completion of an analysis of the management of heat
dissipation for the full range of performance requirements
for the cannon, completion of concept designs supported by
that analysis, and proposal of such concept designs for
engineering.
(6) Development, for integration into the next prototype of
the cannon, of engineering designs to control pressure
oscillations in the chamber of the cannon during firing.
(7) Completion of an assessment of the sensitivity of
liquid propellant to contamination by various materials to
which it may be exposed throughout the handling and operation
of the cannon, and documentation of predictable reactions of
contaminated or sensitized liquid propellant.
(d) Additional Matters To Be Covered by Report.--The report
required by subsection (c) also shall contain the following:
(1) An assertion that all the known hazards associated with
liquid propellant have been identified and are controllable
to acceptable levels.
(2) An assessment of the technology for each component of
the Crusader (the cannon, vehicle, and crew module),
including, for each performance goal of the Crusader program
(including the goal for total system weight), information
about the maturity of the technology to achieve that goal,
the maturity of the design of the technology, and the manner
in which the design has been proven (for example, through
simulation, bench testing, or weapon firing).
(3) An assessment of the cost of continued development of
the Crusader after August 1, 1996, and the cost of each unit
of the Crusader in the year the Crusader will be completed.
SEC. 226. DEMILITARIZATION OF CONVENTIONAL MUNITIONS,
ROCKETS, AND EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in
section 201 for explosives demilitarization technology,
$15,000,000 shall be available to establish an integrated
program for the development and demonstration of conventional
munitions and explosives demilitarization technologies that
comply with applicable environmental laws for the
demilitarization and disposal of unserviceable, obsolete, or
nontreaty compliant munitions, rocket motors, and explosives.
SEC. 227. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) Limitation.--Not more than three percent of the total
amount appropriated for research and development under the
Defense Airborne Reconnaissance program pursuant to the
authorizations of appropriations in section 201 may be
obligated for systems engineering and technical assistance
(SETA) contracts until--
(1) funds are obligated (out of such appropriated funds)
for--
(A) the upgrade of U-2 aircraft senior year electro-optical
reconnaissance sensors to the newest configuration; and
(B) the upgrade of the U-2 SIGINT system; and
(2) the Under Secretary of Defense for Acquisition and
Technology submits the report required under subsection (b).
(b) Report on U-2-Related Upgrades.--(1) Not later than
April 1, 1996, the Under Secretary of Defense for Acquisition
and Technology shall transmit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on obligations of
funds for upgrades relating to airborne reconnaissance by U-2
aircraft.
(2) The report shall set forth the specific purposes under
the general purposes described in subparagraphs (A) and (B)
of subsection (a)(1) for which funds have been obligated (as
of the date of the report) and the amounts that have been
obligated (as of such date) for those specific purposes.
Subtitle C--Ballistic Missile Defense Act of 1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Ballistic Missile
Defense Act of 1995''.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The emerging threat that is posed to the national
security interests of the United States by the proliferation
of ballistic missiles is significant and growing, both in
terms of numbers of missiles and in terms of the technical
capabilities of those missiles.
(2) The deployment of ballistic missile defenses is a
necessary, but not sufficient, element of a broader strategy
to discourage both the proliferation of weapons of mass
destruction and the proliferation of the means of their
delivery and to defend against the consequences of such
proliferation.
(3) The deployment of effective Theater Missile Defense
systems can deter potential adversaries of the United States
from escalating a conflict by threatening or attacking United
States forces or the forces or territory of coalition
partners or allies of the United States with ballistic
missiles armed with weapons of mass destruction to offset the
operational and technical advantages of the United States and
its coalition partners and allies.
(4) United States intelligence officials have provided
intelligence estimates to congressional committees that (A)
the trend in missile proliferation is toward longer range and
more sophisticated ballistic missiles, (B) North Korea may
deploy an intercontinental ballistic missile capable of
reaching Alaska or beyond within five years, and (C) although
a new, indigenously developed ballastic missile threat to the
continental United States is not foreseen within the next ten
years, determined countries can acquire intercontinental
ballistic missiles in the near future and with little warning
by means other than indigenous development.
(5) The development and deployment by the United States and
its allies of effective defenses against ballistic missiles
of all ranges will reduce the incentives for countries to
acquire such missiles or to augment existing missile
capabilities.
(6) The concept of mutual assured destruction (based upon
an offense-only form of deterrence), which is the major
philosophical rationale underlying the ABM Treaty, is now
questionable as a basis for stability in a multipolar world
in which the United States and the states of the former
Soviet Union are seeking to normalize relations and eliminate
Cold War attitudes and arrangements.
(7) The development and deployment of a National Missile
Defense system against the threat of limited ballistic
missile attacks--
(A) would strengthen deterrence at the levels of forces
agreed to by the United States and Russia under the Strategic
Arms Reduction Talks Treaty (START-I); and
(B) would further strengthen deterrence if reductions below
the levels permitted under START-I should be agreed to and
implemented in the future.
(8) The distinction made during the Cold War, based upon
the technology of the time, between strategic ballistic
missiles and nonstrategic ballistic missiles, which resulted
in the distinction made in the ABM Treaty between strategic
defense and nonstrategic defense, has become obsolete because
of technological advancement (including the development by
North Korea of long-range Taepo-Dong I and Taepo-Dong II
missiles) and, therefore, that distinction in the ABM Treaty
should be reviewed.
SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
It is the policy of the United States--
(1) to deploy affordable and operationally effective
theater missile defenses to protect forward-deployed and
expeditionary elements of the Armed Forces of the United
States and to complement the missile defense capabilities of
forces of coalition partners and of allies of the United
States; and
(2) to seek a cooperative, negotiated transition to a
regime that does not feature an offense-only form of
deterrence as the basis for strategic stability.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in paragraph (1) of section 233, the Secretary of
Defense shall restructure the core theater missile defense
program to consist of the following systems, to be carried
out so as to achieve the specified capabilities:
(1) The Patriot PAC-3 system, with a first unit equipped
(FUE) during fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability during fiscal
year 1997 and an initial operational capability (IOC) during
fiscal year 1999.
(3) The Theater High-Altitude Area Defense (THAAD) system,
with a user operational evaluation system (UOES) capability
not later than fiscal year 1998 and a first unit equipped
(FUE) not later than fiscal year 2000.
(4) The Navy Upper Tier (Theater Wide) system, with a user
operational evaluation system (UOES) capability during fiscal
year 1999 and an initial operational capability (IOC) during
fiscal year 2001.
(b) Use of Streamlined Acquisition Procedures.--The
Secretary of Defense shall prescribe and use streamlined
acquisition policies and procedures to reduce the cost and
increase the efficiency of developing and deploying the
theater missile defense systems specified in subsection (a).
(c) Interoperability and Support of Core Systems.--To
maximize effectiveness and flexibility of the systems
comprising the core theater missile defense program, the
Secretary of Defense shall ensure that those systems are
integrated and complementary and are fully capable of
exploiting external sensor and battle management support from
systems such as--
(A) the Cooperative Engagement Capability (CEC) system of
the Navy;
(B) airborne sensors; and
(C) space-based sensors (including, in particular, the
Space and Missile Tracking System).
(d) Follow-on Systems.--(1) The Secretary of Defense shall
prepare an affordable devel
[[Page 72]]
opment plan for theater missile defense systems to be
developed as follow-on systems to the core systems specified
in subsection (a). The Secretary shall make the selection of
a system for inclusion in the plan based on the capability of
the system to satisfy military requirements not met by the
systems in the core program and on the capability of the
system to use prior investments in technologies,
infrastructure, and battle-management capabilities that are
incorporated in, or associated with, the systems in the core
program.
(2) The Secretary may not proceed with the development of a
follow-on theater missile defense system beyond the
Demonstration/Validation stage of development unless the
Secretary designates that system as a part of the core
program under this section and submits to the congressional
defense committees notice of that designation. The Secretary
shall include with any such notification a report
describing--
(A) the requirements for the system and the specific
threats that such system is designed to counter;
(B) how the system will relate to, support, and build upon
existing core systems;
(C) the planned acquisition strategy for the system; and
(D) a preliminary estimate of total program cost for that
system and the effect of development and acquisition of such
system on Department of Defense budget projections.
(e) Program Accountability Report.--(1) As part of the
annual report of the Ballistic Missile Defense Organization
required by section 224 of Public Law 101-189 (10 U.S.C. 2431
note), the Secretary of Defense shall describe the technical
milestones, the schedule, and the cost of each phase of
development and acquisition (together with total estimated
program costs) for each core and follow-on theater missile
defense program.
(2) As part of such report, the Secretary shall describe,
with respect to each program covered in the report, any
variance in the technical milestones, program schedule
milestones, and costs for the program compared with the
information relating to that program in the report submitted
in the previous year and in the report submitted in the first
year in which that program was covered.
(f) Reports on TMD System Limitations Under ABM Treaty.--
(1) Whenever, after January 1, 1993, the Secretary of Defense
issues a certification with respect to the compliance of a
particular Theater Missile Defense system with the ABM
Treaty, the Secretary shall transmit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a copy of such
certification. Such transmittal shall be made not later than
30 days after the date on which such certification is issued,
except that in the case of a certification issued before the
date of the enactment of this Act, such transmittal shall be
made not later than 60 days after the date of the enactment
of this Act.
(2) If a certification under paragraph (1) is based on
application of a policy concerning United States compliance
with the ABM Treaty that differs from the policy described in
section 235(b)(1), the Secretary shall include with the
transmittal under that paragraph a report providing a
detailed assessment of--
(A) how the policy applied differs from the policy
described in section 235(b)(1); and
(B) how the application of that policy (rather than the
policy described in section 235(b)(1)) will affect the cost,
schedule, and performance of that system.
SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING THEATER
MISSILE DEFENSE SYSTEMS.
(a) Findings.--(1) Congress hereby reaffirms--
(A) the finding in section 234(a)(7) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1595; 10 U.S.C. 2431 note) that the ABM
Treaty was not intended to, and does not, apply to or limit
research, development, testing, or deployment of missile
defense systems, system upgrades, or system components that
are designed to counter modern theater ballistic missiles,
regardless of the capabilities of such missiles, unless those
systems, system upgrades, or system components are tested
against or have demonstrated capabilities to counter modern
strategic ballistic missiles; and
(B) the statement in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2700) that the United States shall not be bound by
any international agreement entered into by the President
that would substantively modify the ABM Treaty unless the
agreement is entered into pursuant to the treaty making power
of the President under the Constitution.
(2) Congress also finds that the demarcation standard
described in subsection (b)(1) for compliance of a missile
defense system, system upgrade, or system component with the
ABM Treaty is based upon current technology.
(b) Sense of Congress Concerning Compliance Policy.--It is
the sense of Congress that--
(1) unless a missile defense system, system upgrade, or
system component (including one that exploits data from
space-based or other external sensors) is flight tested in an
ABM-qualifying flight test (as defined in subsection (e)),
that system, system upgrade, or system component has not, for
purposes of the ABM Treaty, been tested in an ABM mode nor
been given capabilities to counter strategic ballistic
missiles and, therefore, is not subject to any application,
limitation, or obligation under the ABM Treaty; and
(2) any international agreement that would limit the
research, development, testing, or deployment of missile
defense systems, system upgrades, or system components that
are designed to counter modern theater ballistic missiles in
a manner that would be more restrictive than the compliance
criteria specified in paragraph (1) should be entered into
only pursuant to the treaty making powers of the President
under the Constitution.
(c) Prohibition on Funding.--Funds appropriated or
otherwise made available to the Department of Defense for
fiscal year 1996 may not be obligated or expended to
implement an agreement, or any understanding with respect to
interpretation of the ABM Treaty, between the United States
and any of the independent states of the former Soviet Union
entered into after January 1, 1995, that--
(1) would establish a demarcation between theater missile
defense systems and anti-ballistic missile systems for
purposes of the ABM Treaty; or
(2) would restrict the performance, operation, or
deployment of United States theater missile defense systems.
(d) Exceptions.--Subsection (c) does not apply--
(1) to the extent provided by law in an Act enacted after
this Act;
(2) to expenditures to implement that portion of any such
agreement or understanding that implements the policy set
forth in subsection (b)(1); or
(3) to expenditures to implement any such agreement or
understanding that is approved as a treaty or by law.
(e) ABM-Qualifying Flight Test Defined.--For purposes of
this section, an ABM-qualifying flight test is a flight test
against a ballistic missile which, in that flight test,
exceeds (1) a range of 3,500 kilometers, or (2) a velocity of
5 kilometers per second.
SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
It is in the interest of the United States to develop its
own missile defense capabilities in a manner that will permit
the United States to complement the missile defense
capabilities developed and deployed by its allies and
possible coalition partners. Therefore, the Congress urges
the President--
(1) to pursue high-level discussions with allies of the
United States and selected other states on the means and
methods by which the parties on a bilateral basis can
cooperate in the development, deployment, and operation of
ballistic missile defenses;
(2) to take the initiative within the North Atlantic Treaty
Organization to develop consensus in the Alliance for a
timely deployment of effective ballistic missile defenses by
the Alliance; and
(3) in the interim, to seek agreement with allies of the
United States and selected other states on steps the parties
should take, consistent with their national interests, to
reduce the risks posed by the threat of limited ballistic
missile attacks, such steps to include--
(A) the sharing of early warning information derived from
sensors deployed by the United States and other states;
(B) the exchange on a reciprocal basis of technical data
and technology to support both joint development programs and
the sale and purchase of missile defense systems and
components; and
(C) operational level planning to exploit current missile
defense capabilities and to help define future requirements.
SEC. 237. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty''
means the Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems, and signed at Moscow on May
26, 1972, and includes the Protocols to that Treaty, signed
at Moscow on July 3, 1974.
SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is
repealed.
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) Elements Specified.--In the budget justification
materials submitted to Congress in support of the Department
of Defense budget for any fiscal year after fiscal year 1996
(as submitted with the budget of the President under section
1105(a) of title 31, United States Code), the amount
requested for activities of the Ballistic Missile Defense
Organization shall be set forth in accordance with the
following program elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense (THAAD) system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
[[Page 73]]
(b) Treatment of Core Theater Missile Defense Programs.--
Amounts requested for core theater missile defense programs
specified in section 234 shall be specified in individual,
dedicated program elements, and amounts appropriated for such
programs shall be available only for activities covered by
those program elements.
(c) BM/C3I Programs.--Amounts requested for
programs, projects, and activities involving battle
management, command, control, communications, and
intelligence (BM/C3I) shall be included in the
``Other Theater Missile Defense Activities'' program element
or the ``National Missile Defense'' program element, as
determined on the basis of the primary objectives involved.
(d) Management and Support.--Each program element shall
include requests for the amounts necessary for the management
and support of the programs, projects, and activities
contained in that program element.
SEC. 252. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Subsection (a) of section 237 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1600) is amended to read as follows:
``(a) Testing of Theater Missile Defense Interceptors.--(1)
The Secretary of Defense may not approve a theater missile
defense interceptor program proceeding beyond the low-rate
initial production acquisition stage until the Secretary
certifies to the congressional defense committees that such
program has successfully completed initial operational test
and evaluation.
``(2) In order to be certified under paragraph (1) as
having been successfully completed, the initial operational
test and evaluation conducted with respect to an interceptors
program must have included flight tests--
``(A) that were conducted with multiple interceptors and
multiple targets in the presence of realistic
countermeasures; and
``(B) the results of which demonstrate the achievement by
the interceptors of the baseline performance thresholds.
``(3) For purposes of this subsection, the baseline
performance thresholds with respect to a program are the
weapons systems performance thresholds specified in the
baseline description for the system established (pursuant to
section 2435(a)(1) of title 10, United States Code) before
the program entered the engineering and manufacturing
development stage.
``(4) The number of flight tests described in paragraph (2)
that are required in order to make the certification under
paragraph (1) shall be a number determined by the Secretary
of Defense to be sufficient for the purposes of this section.
``(5) The Secretary may augment live-fire testing to
demonstrate weapons system performance goals for purposes of
the certification under paragraph (1) through the use of
modeling and simulation that is validated by ground and
flight testing.''.
SEC. 253. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) Section 222 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 613; 10 U.S.C. 2431
note).
(2) Section 225 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 614).
(3) Section 226 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1057; 10 U.S.C. 2431 note).
(4) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 102 Stat. 2270-
40).
(5) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 105 Stat.
1211).
(6) Section 234 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1595; 10
U.S.C. 2431 note).
(7) Section 242 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1603; 10
U.S.C. 2431 note).
(8) Section 235 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2701; 10
U.S.C. 221 note).
(9) Section 2609 of title 10, United States Code.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 261. PRECISION-GUIDED MUNITIONS.
(a) Analysis Required.--The Secretary of Defense shall
perform an analysis of the full range of precision-guided
munitions in production and in research, development, test,
and evaluation in order to determine the following:
(1) The numbers and types of precision-guided munitions
that are needed to provide complementary capabilities against
each target class.
(2) The feasibility of carrying out joint development and
procurement of additional types of munitions by more than one
of the Armed Forces.
(3) The feasibility of integrating a particular precision-
guided munition on multiple service platforms.
(4) The economy and effectiveness of continuing the
acquisition of--
(A) interim precision-guided munitions; or
(B) precision-guided munitions that, as a result of being
procured in decreasing numbers to meet decreasing quantity
requirements, have increased in cost per unit by more than 50
percent over the cost per unit for such munitions as of
December 1, 1991.
(b) Report.--(1) Not later than April 15, 1996, the
Secretary shall submit to Congress a report on the findings
and other results of the analysis.
(2) The report shall include a detailed discussion of the
process by which the Department of Defense--
(A) approves the development of new precision-guided
munitions;
(B) avoids duplication and redundancy in the precision-
guided munitions programs of the Army, Navy, Air Force, and
Marine Corps;
(C) ensures rationality in the relationship between the
funding plans for precision-guided munitions modernization
for fiscal years following fiscal year 1996 and the costs of
such modernization for those fiscal years; and
(D) identifies by name and function each person responsible
for approving each new precision-guided munition for initial
low-rate production.
(c) Funding Limitation.--Funds authorized to be
appropriated by this Act may not be expended for research,
development, test, and evaluation or procurement of interim
precision-guided munitions after April 15, 1996, unless the
Secretary of Defense has submitted the report under
subsection (b).
(d) Interim Precision-Guided Munition Defined.--For
purposes of subsection (c), a precision-guided munition is an
interim precision-guided munition if the munition is being
procured in fiscal year 1996, but funding is not proposed for
additional procurement of the munition in the fiscal years
after fiscal year 1996 that are covered by the future years
defense program submitted to Congress in 1995 under section
221(a) of title 10, United States Code.
SEC. 262. REVIEW OF C4I BY NATIONAL RESEARCH
COUNCIL.
(a) Review by National Research Council.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense shall request the National Research
Council of the National Academy of Sciences to conduct a
comprehensive review of current and planned service and
defense-wide programs for command, control, communications,
computers, and intelligence (C4I) with a special
focus on cross-service and inter-service issues.
(b) Matters To Be Assessed in Review.--The review shall
address the following:
(1) The match between the capabilities provided by current
service and defense-wide C4I programs and the
actual needs of users of these programs.
(2) The interoperability of service and defense-wide
C4I systems that are planned to be operational in
the future.
(3) The need for an overall defense-wide architecture for
C4I.
(4) Proposed strategies for ensuring that future
C4I acquisitions are compatible and interoperable
with an overall architecture.
(5) Technological and administrative aspects of the
C4I modernization effort to determine the
soundness of the underlying plan and the extent to which it
is consistent with concepts for joint military operations in
the future.
(c) Two-Year Period for Conducting Review.--The review
shall be conducted over the two-year period beginning on the
date on which the National Research Council and the Secretary
of Defense enter into a contract or other agreement for the
conduct of the review.
(d) Reports.--(1) In the contract or other agreement for
the conduct of the review, the Secretary of Defense shall
provide that the National Research Council shall submit to
the Department of Defense and Congress interim reports and
progress updates on a regular basis as the review proceeds. A
final report on the review shall set forth the findings,
conclusions, and recommendations of the Council for defense-
wide and service C4I programs and shall be
submitted to the Committee on Armed Services of the Senate,
the Committee on National Security of the House of
Representatives, and the Secretary of Defense.
(2) To the maximum degree possible, the final report shall
be submitted in unclassified form with classified annexes as
necessary.
(e) Interagency Cooperation With Study.--All military
departments, defense agencies, and other components of the
Department of Defense shall cooperate fully with the National
Research Council in its activities in carrying out the review
under this section.
(f) Expedited Processing of Security Clearances for
Study.--For the purpose of facilitating the commencement of
the study under this section, the Secretary of Defense shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for the National
Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated
in section 201 for defense-wide activities, $900,000 shall be
available for the study under this section.
SEC. 263. ANALYSIS OF CONSOLIDATION OF BASIC RESEARCH
ACCOUNTS OF MILITARY DEPARTMENTS.
(a) Analysis Required.--The Secretary of Defense shall
conduct an analysis of the cost and effectiveness of
consolidating the basic research accounts of the military
departments. The analysis shall determine potential
infrastructure savings and other benefits of co-locating and
consolidating the management of basic research.
[[Page 74]]
(b) Deadline.--On or before March 1, 1996, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the analysis conducted under
subsection (a).
SEC. 264. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO
FISCAL YEAR FOR ANNUAL REPORT ON CERTAIN
CONTRACTS TO COLLEGES AND UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is
amended--
(1) by striking out ``calendar year'' and inserting in lieu
thereof ``fiscal year''; and
(2) by striking out ``the year after the year'' and
inserting in lieu thereof ``the fiscal year after the fiscal
year''.
SEC. 265. AERONAUTICAL RESEARCH AND TEST CAPABILITIES
ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) It is in the Nation's long-term national security
interests for the United States to maintain preeminence in
the area of aeronautical research and test capabilities.
(2) Continued advances in aeronautical science and
engineering are critical to sustaining the strategic and
tactical air superiority of the United States and coalition
forces, as well as United States economic security and
international aerospace leadership.
(3) It is in the national security and economic interests
of the United States and the budgetary interests of the
Department of Defense for the department to encourage the
establishment of active partnerships between the department
and other Government agencies, academic institutions, and
private industry to develop, maintain, and enhance
aeronautical research and test capabilities.
(b) Review.--The Secretary of Defense shall conduct a
comprehensive review of the aeronautical research and test
facilities and capabilities of the United States in order to
assess the current condition of such facilities and
capabilities.
(c) Report.--(1) Not later than March 1, 1996, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth in detail the
findings of the review required by subsection (b).
(2) The report shall include the following:
(A) The options for providing affordable, operable,
reliable, and responsive long-term aeronautical research and
test capabilities for military and civilian purposes and for
the organization and conduct of such capabilities within the
Department or through shared operations with other Government
agencies, academic institutions, and private industry.
(B) The projected costs of such options, including costs of
acquisition and technical and financial arrangements
(including the use of Government facilities for reimbursable
private use).
(C) Recommendations on the most efficient and economic
means of developing, maintaining, and continually modernizing
aeronautical research and test capabilities to meet current,
planned, and prospective military and civilian needs.
Subtitle F--Other Matters
SEC. 271. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2693) is
amended--
(1) in subsection (a), by striking out ``to help achieve''
and all that follows through the end of the subsection and
inserting in lieu thereof ``to ensure that lithographic
processes being developed by United States-owned companies or
United States-incorporated companies operating in the United
States will lead to superior performance electronics systems
for the Department of Defense.'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) The Director of the Defense Advanced Research
Projects Agency may set priorities and funding levels for
various technologies being developed for the ALP and shall
consider funding recommendations made by the Semiconductor
Industry Association as being advisory in nature.'';
(3) in subsection (c)--
(A) by inserting ``Defense'' before ``Advanced''; and
(B) by striking out ``ARPA'' both places it appears and
inserting in lieu thereof ``DARPA''; and
(4) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) The term `United States-owned company' means a
company the majority ownership or control of which is held by
citizens of the United States.
``(2) The term `United States-incorporated company' means a
company that the Secretary of Defense finds is incorporated
in the United States and has a parent company that is
incorporated in a country--
``(A) that affords to United States-owned companies
opportunities, comparable to those afforded to any other
company, to participate in any joint venture similar to those
authorized under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n);
``(B) that affords to United States-owned companies local
investment opportunities comparable to those afforded to any
other company; and
``(C) that affords adequate and effective protection for
the intellectual property rights of United States-owned
companies.''.
SEC. 272. ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG-M)
SYSTEM.
(a) Limitations.--(1) The Secretary of the Army may not
obligate more than $280,000,000 (based on fiscal year 1995
constant dollars) to develop and deliver for test and
evaluation by the Army the following items:
(A) 44 enhanced fiber optic guided test missiles.
(B) 256 fully operational enhanced fiber optic guided
missiles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the
enhanced fiber optic guided missile (EFOG-M) system after
September 30, 1998, if the items described in paragraph (1)
have not been delivered to the Army by that date and at a
cost not greater than the amount set forth in paragraph (1).
(3) The Secretary of the Army may not enter into an
advanced development phase for the EFOG-M system unless--
(A) an advanced concept technology demonstration of the
system has been successfully completed; and
(B) the Secretary certifies to the congressional defense
committees that there is a requirement for the EFOG-M system
that is supported by a cost and operational effectiveness
analysis.
(b) Government-Furnished Equipment.--The Secretary of the
Army shall ensure that all Government-furnished equipment
that the Army agrees to provide under the contract for the
EFOG-M system is provided to the prime contractor in
accordance with the terms of the contract.
SEC. 273. STATES ELIGIBLE FOR ASSISTANCE UNDER DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2705; 10 U.S.C. 2358 note) is amended to
read as follows:
``(A) the average annual amount of all Department of
Defense obligations for science and engineering research and
development that were in effect with institutions of higher
education in the State for the three fiscal years preceding
the fiscal year for which the designation is effective or for
the last three fiscal years for which statistics are
available is less than the amount determined by multiplying
60 percent times the amount equal to \1/50\ of the total
average annual amount of all Department of Defense
obligations for science and engineering research and
development that were in effect with institutions of higher
education in the United States for such three preceding or
last fiscal years, as the case may be (to be determined in
consultation with the Secretary of Defense);''.
SEC. 274. CRUISE MISSILE DEFENSE INITIATIVE.
(a) In General.--The Secretary of Defense shall undertake
an initiative to coordinate and strengthen the cruise missile
defense programs of the Department of Defense to ensure that
the United States develops and deploys affordable and
operationally effective defenses against existing and future
cruise missile threats to United States military forces and
operations.
(b) Coordination With Ballistic Missile Defense Efforts.--
In carrying out subsection (a), the Secretary shall ensure
that, to the extent practicable, the cruise missile defense
programs of the Department of Defense and the ballistic
missile defense programs of the Department of Defense are
coordinated with each other and that those programs are
mutually supporting.
(c) Defenses Against Existing and Near-Term Cruise Missile
Threats.--As part of the initiative under subsection (a), the
Secretary shall ensure that appropriate existing and planned
air defense systems are upgraded to provide an affordable and
operationally effective defense against existing and near-
term cruise missile threats to United States military forces
and operations.
(d) Defenses Against Advanced Cruise Missiles.--As part of
the initiative under subsection (a), the Secretary shall
undertake a well-coordinated development program to support
the future deployment of cruise missile defense systems that
are affordable and operationally effective against advanced
cruise missiles, including cruise missiles with low
observable features.
(e) Implementation Plan.--Not later than the date on which
the President submits the budget for fiscal year 1997 under
section 1105 of title 31, United States Code, the Secretary
of Defense shall submit to the congressional defense
committees a detailed plan, in unclassified and classified
forms, as necessary, for carrying out this section. The plan
shall include an assessment of the following:
(1) The systems of the Department of Defense that currently
have or could have cruise missile defense capabilities and
existing programs of the Department of Defense to improve
these capabilities.
(2) The technologies that could be deployed in the near- to
mid-term to provide significant advances over existing cruise
missile defense capabilities and the investments that would
be required to ready those technologies for deployment.
(3) The cost and operational tradeoffs, if any, between (A)
upgrading existing air and missile defense systems, and (B)
accelerating follow-on systems with significantly improved
capabilities against advanced cruise missiles.
(4) The organizational and management changes that would
strengthen and further coordinate the cruise missile defense
programs of the Department of Defense, including the
disadvantages, if any, of implementing such changes.
(f) Definition.--For the purposes of this section, the term
``cruise missile defense
[[Page 75]]
programs'' means the programs, projects, and activities of
the military departments, the Advanced Research Projects
Agency, and the Ballistic Missile Defense Organization
relating to development and deployment of defenses against
cruise missiles.
SEC. 275. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE
SUPPORT PROGRAM.
Section 802 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701) is
amended--
(1) in subsections (a) and (b), by striking out ``shall''
both places it appears and inserting in lieu thereof ``may'';
and
(2) in subsection (e), by striking out the sentence
beginning with ``Such selection process''.
SEC. 276. MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2525 of title 10, United States
Code, is amended as follows:
(1) The heading is amended by striking out the second and
third words.
(2) Subsection (a) is amended--
(A) by striking out ``Science and''; and
(B) by inserting after the first sentence the following:
``The Secretary shall use the joint planning process of the
directors of the Department of Defense laboratories in
establishing the program.''.
(3) Subsection (c) is amended--
(A) by inserting ``(1)'' after ``(c) Execution.--''; and
(B) by adding at the end the following:
``(2) The Secretary shall seek, to the extent practicable,
the participation of manufacturers of manufacturing equipment
in the projects under the program.''.
(4) Subsection (d) is amended--
(A) in paragraph (2)--
(i) by striking out ``or'' at the end of subparagraph (A);
(ii) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ``; or''; and
(iii) by adding at the end the following new subparagraph:
``(C) will be carried out by an institution of higher
education.''; and
(B) by adding at the end the following new paragraphs:
``(3) At least 25 percent of the funds available for the
program each fiscal year shall be used for awarding grants
and entering into contracts, cooperative agreements, and
other transactions on a cost-share basis under which the
ratio of recipient cost to Government cost is two to one.
``(4) If the requirement of paragraph (3) cannot be met by
July 15 of a fiscal year, the Under Secretary of Defense for
Acquisition and Technology may waive the requirement and
obligate the balance of the funds available for the program
for that fiscal year on a cost-share basis under which the
ratio of recipient cost to Government cost is less than two
to one. Before implementing any such waiver, the Under
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives the reasons for the waiver.''.
(b) Clerical Amendment.--The item relating to section 2525
in the table of sections at the beginning of subchapter IV of
chapter 148 of title 10, United States Code, is amended to
read as follows:
``2525. Manufacturing Technology Program.''.
SEC. 277. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE
LABORATORIES AND TEST AND EVALUATION CENTERS.
(a) Five-Year Plan.--The Secretary of Defense, acting
through the Vice Chief of Staff of the Army, the Vice Chief
of Naval Operations, and the Vice Chief of Staff of the Air
Force (in their roles as test and evaluation executive agent
board of directors) shall develop a five-year plan to
consolidate and restructure the laboratories and test and
evaluation centers of the Department of Defense.
(b) Objective.--The plan shall set forth the specific
actions needed to consolidate the laboratories and test and
evaluation centers into as few laboratories and centers as is
practical and possible, in the judgment of the Secretary, by
October 1, 2005.
(c) Previously Developed Data Required To Be Used.--In
developing the plan, the Secretary shall use the following:
(1) Data and results obtained by the Test and Evaluation
Joint Cross-Service Group and the Laboratory Joint Cross-
Service Group in developing recommendations for the 1995
report of the Defense Base Closure and Realignment
Commission.
(2) The report dated March 1994 on the consolidation and
streamlining of the test and evaluation infrastructure,
commissioned by the test and evaluation board of directors,
along with all supporting data and reports.
(d) Matters To Be Considered.--In developing the plan, the
Secretary shall consider, at a minimum, the following:
(1) Consolidation of common support functions, including
the following:
(A) Aircraft (fixed wing and rotary) support.
(B) Weapons support.
(C) Space systems support.
(D) Support of command, control, communications, computers,
and intelligence.
(2) The extent to which any military construction,
acquisition of equipment, or modernization of equipment is
planned at the laboratories and centers.
(3) The encroachment on the laboratories and centers by
residential and industrial expansion.
(4) The total cost to the Federal Government of continuing
to operate the laboratories and centers.
(5) The cost savings and program effectiveness of locating
laboratories and centers at the same sites.
(6) Any loss of expertise resulting from the
consolidations.
(7) Whether any legislation is neccessary to provide the
Secretary with any additional authority necessary to
accomplish the downsizing and consolidation of the
laboratories and centers.
(e) Report.--Not later than May 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees
a report on the plan. The report shall include an
identification of any additional legislation that the
Secretary considers necessary in order for the Secretary to
accomplish the downsizing and consolidation of the
laboratories and centers.
(f) Limitation.--Of the amounts appropriated or otherwise
made available pursuant to an authorization of appropriations
in section 201 for the central test and evaluation investment
development program, not more than 75 percent may be
obligated before the report required by subsection (e) is
submitted to Congress.
SEC. 278. LIMITATION ON T-38 AVIONICS UPGRADE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure
that, in evaluating proposals submitted in response to a
solicitation issued for a contract for the T-38 Avionics
Upgrade Program, the proposal of an entity may not be
considered unless--
(1) in the case of an entity that conducts substantially
all of its business in a foreign country, the foreign country
provides equal access to similar contract solicitations in
that country to United States entities; and
(2) in the case of an entity that conducts business in the
United States but that is owned or controlled by a foreign
government or by an entity incorporated in a foreign country,
the foreign government or foreign country of incorporation
provides equal access to similar contract solicitations in
that country to United States entities.
(b) Definition.--In this section, the term ``United States
entity'' means an entity that is owned or controlled by
persons a majority of whom are United States citizens.
SEC. 279. GLOBAL POSITIONING SYSTEM.
(a) Conditional Prohibition on Use of Selective
Availability Feature.--Except as provided in subsection (b),
after
May 1, 1996, the Secretary of Defense may not (through use of
the feature known as ``selective availability'') deny access
of non-Department of Defense users to the full capabilities
of the Global Positioning System.
(b) Plan.--Subsection (a) shall cease to apply upon
submission by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives of a plan for
enhancement of the Global Positioning System that provides
for--
(1) development and acquisition of effective capabilities
to deny hostile military forces the ability to use the Global
Positioning System without hindering the ability of United
States military forces and civil users to have access to and
use of the system, together with a specific date by which
those capabilities could be operational; and
(2) development and acquisition of receivers for the Global
Positioning System and other techniques for weapons and
weapon systems that provide substantially improved resistance
to jamming and other forms of electronic interference or
disruption, together with a specific date by which those
receivers and other techniques could be operational with
United States military forces.
SEC. 280. REVISION OF AUTHORITY FOR PROVIDING ARMY SUPPORT
FOR THE NATIONAL SCIENCE CENTER FOR
COMMUNICATIONS AND ELECTRONICS.
(a) Purpose.--Subsection (b)(2) of section 1459 of the
Department of Defense Authorization Act, 1986 (Public Law 99-
145; 99 Stat. 763) is amended by striking out ``to make
available'' and all that follows and inserting in lieu
thereof ``to provide for the management, operation, and
maintenance of those areas in the national science center
that are designated for use by the Army and to provide
incidental support for the operation of those areas in the
center that are designated for general use.''.
(b) Authority for Support.--Subsection (c) of such section
is amended to read as follows:
``(c) National Science Center.--(1) The Secretary may
manage, operate, and maintain facilities at the center under
terms and conditions prescribed by the Secretary for the
purpose of conducting educational outreach programs in
accordance with chapter 111 of title 10, United States Code.
``(2) The Foundation, or NSC Discovery Center,
Incorporated, a nonprofit corporation of the State of
Georgia, shall submit to the Secretary for review and
approval all matters pertaining to the acquisition, design,
renovation, equipping, and furnishing of the center,
including all plans, specifications, contracts, sites, and
materials for the center.''.
(c) Authority for Acceptance of Gifts and Fundraising.--
Subsection (d) of such section is amended to read as follows:
``(d) Gifts and Fundraising.--(1) Subject to paragraph (3),
the Secretary may accept a conditional or unconditional
donation of money or property that is made for the benefit
of, or in connection with, the center.
``(2) Notwithstanding any other provision of law, the
Secretary may endorse, promote, and assist the efforts of the
Foundation and NSC Discovery Center, Incorporated, to
obtain--
[[Page 76]]
``(A) funds for the management, operation, and maintenance
of the center; and
``(B) donations of exhibits, equipment, and other property
for use in the center.
``(3) The Secretary may not accept a donation under this
subsection that is made subject to--
``(A) any condition that is inconsistent with an applicable
law or regulation; or
``(B) except to the extent provided in appropriations Acts,
any condition that would necessitate an expenditure of
appropriated funds.
``(4) The Secretary shall prescribe in regulations the
criteria to be used in determining whether to accept a
donation. The Secretary shall include criteria to ensure that
acceptance of a donation does not establish an unfavorable
appearance regarding the fairness and objectivity with which
the Secretary or any other officer or employee of the
Department of Defense performs official responsibilities and
does not compromise or appear to compromise the integrity of
a Government program or any official involved in that
program.''.
(d) Authorized Uses.--Such section is amended--
(1) by striking out subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) in paragraph (1) of subsection (f), as redesignated by
paragraph (2), by inserting ``areas designated for use by the
Army in'' after ``The Secretary may make''.
(e) Alternative of Additional Development and Management.--
Such section, as amended by subsection (d), is further
amended by adding at the end the following:
``(g) Alternative or Additional Development and Management
of the Center.--(1) The Secretary may enter into an agreement
with NSC Discovery Center, Incorporated, to develop, manage,
and maintain a national science center under this section. In
entering into an agreement with NSC Discovery Center,
Incorporated, the Secretary may agree to any term or
condition to which the Secretary is authorized under this
section to agree for purposes of entering into an agreement
with the Foundation.
``(2) The Secretary may exercise the authority under
paragraph (1) in addition to, or instead of, exercising the
authority provided under this section to enter into an
agreement with the Foundation.''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $18,746,695,000.
(2) For the Navy, $21,493,155,000.
(3) For the Marine Corps, $2,521,822,000.
(4) For the Air Force, $18,719,277,000.
(5) For Defense-wide activities, $9,910,476,000.
(6) For the Army Reserve, $1,129,191,000.
(7) For the Naval Reserve, $868,342,000.
(8) For the Marine Corps Reserve, $100,283,000.
(9) For the Air Force Reserve, $1,516,287,000.
(10) For the Army National Guard, $2,361,808,000.
(11) For the Air National Guard, $2,760,121,000.
(12) For the Defense Inspector General, $138,226,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,422,200,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For support for the 1996 Summer Olympics, $15,000,000.
(18) For Cooperative Threat Reduction programs,
$300,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Business Operations Fund, $878,700,000.
(2) For the National Defense Sealift Fund, $1,024,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1996 from the Armed Forces Retirement Home Trust Fund
the sum of $59,120,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL.
Of the amounts authorized to be appropriated pursuant to
this Act, there shall be made available to the Civil Air
Patrol $24,500,000, of which $14,704,000 shall be made
available for the Civil Air Patrol Corporation.
Subtitle B--Depot-Level Activities
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR FOR THE DEPARTMENT OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense does not have a comprehensive
policy regarding the performance of depot-level maintenance
and repair of military equipment.
(2) The absence of such a policy has caused the Congress to
establish guidelines for the performance of such functions.
(3) It is essential to the national security of the United
States that the Department of Defense maintain an organic
capability within the department, including skilled
personnel, technical competencies, equipment, and facilities,
to perform depot-level maintenance and repair of military
equipment in order to ensure that the Armed Forces of the
United States are able to meet training, operational,
mobilization, and emergency requirements without impediment.
(4) The organic capability of the Department of Defense to
perform depot-level maintenance and repair of military
equipment must satisfy known and anticipated core maintenance
and repair requirements across the full range of peacetime
and wartime scenarios.
(5) Although it is possible that savings can be achieved by
contracting with private-sector sources for the performance
of some work currently performed by Department of Defense
depots, the Department of Defense has not determined the type
or amount of work that should be performed under contract
with private-sector sources nor the relative costs and
benefits of contracting for the performance of such work by
those sources.
(b) Sense of Congress.--It is the sense of Congress that
there is a compelling need for the Department of Defense to
articulate known and anticipated core maintenance and repair
requirements, to organize the resources of the Department of
Defense to meet those requirements economically and
efficiently, and to determine what work should be performed
by the private sector and how such work should be managed.
(c) Requirement for Policy.--Not later than March 31, 1996,
the Secretary of Defense shall develop and report to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a
comprehensive policy on the performance of depot-level
maintenance and repair for the Department of Defense that
maintains the capability described in section 2464 of title
10, United States Code.
(d) Content of Policy.--In developing the policy, the
Secretary of Defense shall do each of the following:
(1) Identify for each military department, with the
concurrence of the Secretary of that military department,
those depot-level maintenance and repair activities that are
necessary to ensure the depot-level maintenance and repair
capability as required by section 2464 of title 10, United
States Code.
(2) Provide for performance of core depot-level maintenance
and repair capabilities in facilities owned and operated by
the United States.
(3) Provide for the core capabilities to include sufficient
skilled personnel, equipment, and facilities that--
(A) is of the proper size (i) to ensure a ready and
controlled source of technical competence and repair and
maintenance capability necessary to meet the requirements of
the National Military Strategy and other requirements for
responding to mobilizations and military contingencies, and
(ii) to provide for rapid augmentation in time of emergency;
and
(B) is assigned sufficient workload to ensure cost
efficiency and technical proficiency in time of peace.
(4) Address environmental liability.
(5) In the case of depot-level maintenance and repair
workloads in excess of the workload required to be performed
by Department of Defense depots, provide for competition for
those workloads between public and private entities when
there is sufficient potential for realizing cost savings
based on adequate private-sector competition and technical
capabilities.
(6) Address issues concerning exchange of technical data
between the Federal Government and the private sector.
(7) Provide for, in the Secretary's discretion and after
consultation with the Secretaries of the military
departments, the transfer from one military department to
another, in accordance with merit-based selection processes,
workload that supports the core depot-level maintenance and
repair capabilities in facilities owned and operated by the
United States.
[[Page 77]]
(8) Require that, in any competition for a workload
(whether among private-sector sources or between depot-level
activities of the Department of Defense and private-sector
sources), bids are evaluated under a methodology that ensures
that appropriate costs to the Government and the private
sector are identified.
(9) Provide for the performance of maintenance and repair
for any new weapons systems defined as core, under section
2464 of title 10, United States Code, in facilities owned and
operated by the United States.
(e) Considerations.--In developing the policy, the
Secretary shall take into consideration the following
matters:
(1) The national security interests of the United States.
(2) The capabilities of the public depots and the
capabilities of businesses in the private sector to perform
the maintenance and repair work required by the Department of
Defense.
(3) Any applicable recommendations of the Defense Base
Closure and Realignment Commission that are required to be
implemented under the Defense Base Closure and Realignment
Act of 1990.
(4) The extent to which the readiness of the Armed Forces
would be affected by a necessity to construct new facilities
to accommodate any redistribution of depot-level maintenance
and repair workloads that is made in accordance with the
recommendation of the Defense Base Closure and Realignment
Commission, under the Defense Base Closure and Realignment
Act of 1990, that such workloads be consolidated at
Department of Defense depots or private-sector facilities.
(5) Analyses of costs and benefits of alternatives,
including a comparative analysis of--
(A) the costs and benefits, including any readiness
implications, of any proposed policy to convert to contractor
performance of depot-level maintenance and repair workloads
where the workload is being performed by Department of
Defense personnel; and
(B) the costs and benefits, including any readiness
implications, of a policy to transfer depot-level maintenance
and repair workloads among depots.
(f) Repeal of 60/40 Requirement and Requirement Relating to
Competition.--(1) Sections 2466 and 2469 of title 10, United
States Code, are repealed.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking out the items relating
to sections 2466 and 2469.
(3) The amendments made by paragraphs (1) and (2) shall
take effect on the date (after the date of the enactment of
this Act) on which legislation is enacted that contains a
provision that specifically states one of the following:
(A) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives pursuant to section
311 of the National Defense Authorization Act for Fiscal Year
1996 is approved.''; or
(B) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives pursuant to section
311 of the National Defense Authorization Act for Fiscal Year
1996 is approved with the following modifications:'' (with
the modifications being stated in matter appearing after the
colon).
(g) Annual Report.--If legislation referred to in
subsection (f)(3) is enacted, the Secretary of Defense shall,
not later than March 1 of each year (beginning with the year
after the year in which such legislation is enacted), submit
to Congress a report that--
(1) specifies depot maintenance core capability
requirements determined in accordance with the procedures
established to comply with the policy prescribed pursuant to
subsections (d)(2) and (d)(3);
(2) specifies the planned amount of workload to be
accomplished by the depot-level activities of each military
department in support of those requirements for the following
fiscal year; and
(3) identifies the planned amount of workload, which--
(A) shall be measured by direct labor hours and by amounts
to be expended; and
(B) shall be shown separately for each commodity group.
(h) Review by General Accounting Office.--(1) The Secretary
shall make available to the Comptroller General of the United
States all information used by the Department of Defense in
developing the policy under subsections (c) through (e) of
this section.
(2) Not later than 45 days after the date on which the
Secretary submits to Congress the report required by
subsection (c), the Comptroller General shall transmit to
Congress a report containing a detailed analysis of the
Secretary's proposed policy as reported under such
subsection.
(i) Report on Depot-Level Maintenance and Repair
Workload.--Not later than March 31, 1996, the Secretary of
Defense shall submit to Congress a report on the depot-level
maintenance and repair workload of the Department of Defense.
The report shall, to the maximum extent practicable, include
the following:
(1) An analysis of the need for and effect of the
requirement under section 2466 of title 10, United States
Code, that no more than 40 percent of the depot-level
maintenance and repair work of the Department of Defense be
contracted for performance by non-Government personnel,
including a description of the effect on military readiness
and the national security resulting from that requirement and
a description of any specific difficulties experienced by the
Department of Defense as a result of that requirement.
(2) An analysis of the distribution during the five fiscal
years ending with fiscal year 1995 of the depot-level
maintenance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense
and non-Government personnel, measured by direct labor hours
and by amounts expended, and displayed, for that five-year
period and for each year of that period, so as to show (for
each military department (and separately for the Navy and
Marine Corps)) such distribution.
(3) A projection of the distribution during the five fiscal
years beginning with fiscal year 1997 of the depot-level
maintenance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense
and non-Government personnel, measured by direct labor hours
and by amounts expended, and displayed, for that five-year
period and for each year of that period, so as to show (for
each military department (and separately for the Navy and
Marine Corps)) such distribution that would be accomplished
under a new policy as required under subsection (c).
(j) Other Review by General Accounting Office.--(1) The
Comptroller General of the United States shall conduct an
independent audit of the findings of the Secretary of Defense
in the report under subsection (i). The Secretary of Defense
shall provide to the Comptroller General for such purpose all
information used by the Secretary in preparing such report.
(2) Not later than 45 days after the date on which the
Secretary of Defense submits to Congress the report required
under subsection (i), the Comptroller General shall transmit
to Congress a report containing a detailed analysis of the
report submitted under that subsection.
SEC. 312. MANAGEMENT OF DEPOT EMPLOYEES.
(a) Depot Employees.--Chapter 146 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2472. Management of depot employees
``(b) Annual Report.--Not later than December 1 of each
fiscal year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the number of employees employed and expected to be
employed by the Department of Defense during that fiscal year
to perform depot-level maintenance and repair of materiel.
The report shall indicate whether that number is sufficient
to perform the depot-level maintenance and repair functions
for which funds are expected to be provided for that fiscal
year for performance by Department of Defense employees.''.
(b) Transfer of Subsection.--Subsection (b) of section 2466
of title 10, United States Code, is transferred to section
2472 of such title, as added by subsection (a), redesignated
as subsection (a), and inserted after the section heading.
(c) Submission of Initial Report.--The report under
subsection (b) of section 2472 of title 10, United States
Code, as added by subsection (a), for fiscal year 1996 shall
be submitted not later than March 15, 1996 (notwithstanding
the date specified in such subsection).
(d) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2472. Management of depot employees.''.
SEC. 313. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is
amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``September 30, 1996''.
SEC. 314. MODIFICATION OF NOTIFICATION REQUIREMENT REGARDING
USE OF CORE LOGISTICS FUNCTIONS WAIVER.
Section 2464(b) of title 10, United States Code, is amended
by striking out paragraphs (3) and (4) and inserting in lieu
thereof the following new paragraph:
``(3) A waiver under paragraph (2) may not take effect
until the end of the 30-day period beginning on the date on
which the Secretary submits a report on the waiver to the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the House of
Representatives.''.
Subtitle C--Environmental Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS FOR
SERVICES UNDER ENVIRONMENTAL RESTORATION
PROGRAM.
(a) Requirements.--(1) Section 2701(d) of title 10, United
States Code, is amended to read as follows:
``(d) Services of Other Agencies.--
``(1) In general.--Subject to paragraph (2), the Secretary
may enter into agreements on a reimbursable or other basis
with any other Federal agency, or with any State or local
government agency, to obtain the services of the agency to
assist the Secretary in carrying out any of the Secretary's
responsibil
[[Page 78]]
ities under this section. Services which may be obtained
under this subsection include the identification,
investigation, and cleanup of any off-site contamination
resulting from the release of a hazardous substance or waste
at a facility under the Secretary's jurisdiction.
``(2) Limitation on reimbursable agreements.--An agreement
with an agency under paragraph (1) may not provide for
reimbursement of the agency for regulatory enforcement
activities.''.
(2)(A) Except as provided in subparagraph (B), the total
amount of funds available for reimbursements under agreements
entered into under section 2710(d) of title 10, United States
Code, as amended by paragraph (1), in fiscal year 1996 may
not exceed $10,000,000.
(B) The Secretary of Defense may pay in fiscal year 1996 an
amount for reimbursements under agreements referred to in
subparagraph (A) in excess of the amount specified in that
subparagraph for that fiscal year if--
(i) the Secretary certifies to Congress that the payment of
the amount under this subparagraph is essential for the
management of the Defense Environmental Restoration Program
under chapter 160 of title 10, United States Code; and
(ii) a period of 60 days has expired after the date on
which the certification is received by Congress.
(b) Report on Services Obtained.--The Secretary of Defense
shall include in the report submitted to Congress with
respect to fiscal year 1998 under section 2706(a) of title
10, United States Code, information on the services, if any,
obtained by the Secretary during fiscal year 1996 pursuant to
each agreement on a reimbursable basis entered into with a
State or local government agency under section 2701(d) of
title 10, United States Code, as amended by subsection (a).
The information shall include a description of the services
obtained under each agreement and the amount of the
reimbursement provided for the services.
SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE
ENVIRONMENTAL RESTORATION ACCOUNT.
Section 2703(e) of title 10, United States Code, is amended
to read as follows:
``(e) Amounts Recovered.--The following amounts shall be
credited to the transfer account:
``(1) Amounts recovered under CERCLA for response actions
of the Secretary.
``(2) Any other amounts recovered by the Secretary or the
Secretary of the military department concerned from a
contractor, insurer, surety, or other person to reimburse the
Department of Defense for any expenditure for environmental
response activities.''.
SEC. 323. USE OF DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT.
(a) Goal for Certain DERA Expenditures.--It shall be the
goal of the Secretary of Defense to limit, by the end of
fiscal year 1997, spending for administration, support,
studies, and investigations associated with the Defense
Environmental Restoration Account to 20 percent of the total
funding for that account.
(b) Report.--Not later than April 1, 1996, the Secretary
shall submit to Congress a report that contains specific,
detailed information on--
(1) the extent to which the Secretary has attained the goal
described in subsection (a) as of the date of the submission
of the report; and
(2) if the Secretary has not attained such goal by such
date, the actions the Secretary plans to take to attain the
goal.
SEC. 324. REVISION OF AUTHORITIES RELATING TO RESTORATION
ADVISORY BOARDS.
(a) Regulations.--Paragraph (2) of subsection (d) of
section 2705 of title 10, United States Code, is amended to
read as follows:
``(2)(A) The Secretary shall prescribe regulations
regarding the establishment, characteristics, composition,
and funding of restoration advisory boards pursuant to this
subsection.
``(B) The issuance of regulations under subparagraph (A)
shall not be a precondition to the establishment of
restoration advisory boards under this subsection.''.
(b) Funding for Administrative Expenses.--Paragraph (3) of
such subsection is amended to read as follows:
``(3) The Secretary may authorize the commander of an
installation (or, if there is no such commander, an
appropriate official of the Department of Defense designated
by the Secretary) to pay routine administrative expenses of a
restoration advisory board established for that installation.
Such payments shall be made from funds available under
subsection (g).''.
(c) Technical Assistance.--Such section is further amended
by striking out subsection (e) and inserting in lieu thereof
the following new subsection (e):
``(e) Technical Assistance.--(1) The Secretary may, upon
the request of the technical review committee or restoration
advisory board for an installation, authorize the commander
of the installation (or, if there is no such commander, an
appropriate official of the Department of Defense designated
by the Secretary) to obtain for the committee or advisory
board, as the case may be, from private sector sources
technical assistance for interpreting scientific and
engineering issues with regard to the nature of environmental
hazards at the installation and the restoration activities
conducted, or proposed to be conducted, at the installation.
The commander of an installation (or, if there is no such
commander, an appropriate official of the Department of
Defense designated by the Secretary) shall use funds made
available under subsection (g) for obtaining assistance under
this paragraph.
``(2) The commander of an installation (or, if there is no
such commander, an appropriate official of the Department of
Defense designated by the Secretary) may obtain technical
assistance under paragraph (1) for a technical review
committee or restoration advisory board only if--
``(A) the technical review committee or restoration
advisory board demonstrates that the Federal, State, and
local agencies responsible for overseeing environmental
restoration at the installation, and available Department of
Defense personnel, do not have the technical expertise
necessary for achieving the objective for which the technical
assistance is to be obtained; or
``(B) the technical assistance--
``(i) is likely to contribute to the efficiency,
effectiveness, or timeliness of environmental restoration
activities at the installation; and
``(ii) is likely to contribute to community acceptance of
environmental restoration activities at the installation.''.
(d) Funding.--(1) Such section is further amended by adding
at the end the following new subsection:
``(g) Funding.--The Secretary shall, to the extent provided
in appropriations Acts, make funds available for
administrative expenses and technical assistance under this
section using funds in the following accounts:
``(1) In the case of a military installation not approved
for closure pursuant to a base closure law, the Defense
Environmental Restoration Account established under section
2703(a) of this title.
``(2) In the case of an installation approved for closure
pursuant to such a law, the Department of Defense Base
Closure Account 1990 established under section 2906(a) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).''.
(2)(A) Subject to subparagraph (B), the total amount of
funds made available under section 2705(g) of title 10,
United States Code, as added by paragraph (1), for fiscal
year 1996 may not exceed $6,000,000.
(B) Amounts may not be made available under subsection (g)
of such section 2705 after September 15, 1996, unless the
Secretary of Defense publishes proposed final or interim
final regulations required under subsection (d) of such
section, as amended by subsection (a).
(e) Definition.--Such section is further amended by adding
after subsection (g) (as added by subsection (d)) the
following new subsection:
``(h) Definition.--In this section, the term `base closure
law' means the following:
``(1) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
``(2) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(3) Section 2687 of this title.''.
(f) Reports on Activities of Technical Review Committees
and Restoration Advisory Boards.--Section 2706(a)(2) of title
10, United States Code, is amended by adding at the end the
following:
``(J) A statement of the activities, if any, including
expenditures for administrative expenses and technical
assistance under section 2705 of this title, of the technical
review committee or restoration advisory board established
for the installation under such section during the preceding
fiscal year.''.
SEC. 325. DISCHARGES FROM VESSELS OF THE ARMED FORCES.
(a) Purposes.--The purposes of this section are to--
(1) enhance the operational flexibility of vessels of the
Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel
pollution control technology; and
(3) advance the development by the United States Navy of
environmentally sound ships.
(b) Uniform National Discharge Standards Development.--
Section 312 of the Federal Water Pollution Control Act (33
U.S.C. 1322) is amended by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of
the Armed Forces.--
``(1) Applicability.--This subsection shall apply to
vessels of the Armed Forces and discharges, other than
sewage, incidental to the normal operation of a vessel of the
Armed Forces, unless the Secretary of Defense finds that
compliance with this subsection would not be in the national
security interests of the United States.
``(2) Determination of discharges required to be controlled
by marine pollution control devices.--
``(A) In general.--The Administrator and the Secretary of
Defense, after consultation with the Secretary of the
department in which the Coast Guard is operating, the
Secretary of Commerce, and interested States, shall jointly
determine the discharges incidental to the normal operation
of a vessel of the Armed Forces for which it is reasonable
and practicable to require use of a marine pollution control
device to mitigate adverse impacts on the marine environment.
Notwithstanding subsection (a)(1) of section 553 of title 5,
United States Code, the Administrator and the Secretary of
Defense shall
[[Page 79]]
promulgate the determinations in accordance with such
section. The Secretary of Defense shall require the use of a
marine pollution control device on board a vessel of the
Armed Forces in any case in which it is determined that the
use of such a device is reasonable and practicable.
``(B) Considerations.--In making a determination under
subparagraph (A), the Administrator and the Secretary of
Defense shall take into consideration--
``(i) the nature of the discharge;
``(ii) the environmental effects of the discharge;
``(iii) the practicability of using the marine pollution
control device;
``(iv) the effect that installation or use of the marine
pollution control device would have on the operation or
operational capability of the vessel;
``(v) applicable United States law;
``(vi) applicable international standards; and
``(vii) the economic costs of the installation and use of
the marine pollution control device.
``(3) Performance standards for marine pollution control
devices.--
``(A) In general.--For each discharge for which a marine
pollution control device is determined to be required under
paragraph (2), the Administrator and the Secretary of
Defense, in consultation with the Secretary of the department
in which the Coast Guard is operating, the Secretary of
State, the Secretary of Commerce, other interested Federal
agencies, and interested States, shall jointly promulgate
Federal standards of performance for each marine pollution
control device required with respect to the discharge.
Notwithstanding subsection (a)(1) of section 553 of title 5,
United States Code, the Administrator and the Secretary of
Defense shall promulgate the standards in accordance with
such section.
``(B) Considerations.--In promulgating standards under this
paragraph, the Administrator and the Secretary of Defense
shall take into consideration the matters set forth in
paragraph (2)(B).
``(C) Classes, types, and sizes of vessels.--The standards
promulgated under this paragraph may--
``(i) distinguish among classes, types, and sizes of
vessels;
``(ii) distinguish between new and existing vessels; and
``(iii) provide for a waiver of the applicability of the
standards as necessary or appropriate to a particular class,
type, age, or size of vessel.
``(4) Regulations for use of marine pollution control
devices.--The Secretary of Defense, after consultation with
the Administrator and the Secretary of the department in
which the Coast Guard is operating, shall promulgate such
regulations governing the design, construction, installation,
and use of marine pollution control devices on board vessels
of the Armed Forces as are necessary to achieve the standards
promulgated under paragraph (3).
``(5) Deadlines; effective date.--
``(A) Determinations.--The Administrator and the Secretary
of Defense shall--
``(i) make the initial determinations under paragraph (2)
not later than 2 years after the date of the enactment of
this subsection; and
``(ii) every 5 years--
``(I) review the determinations; and
``(II) if necessary, revise the determinations based on
significant new information.
``(B) Standards.--The Administrator and the Secretary of
Defense shall--
``(i) promulgate standards of performance for a marine
pollution control device under paragraph (3) not later than 2
years after the date of a determination under paragraph (2)
that the marine pollution control device is required; and
``(ii) every 5 years--
``(I) review the standards; and
``(II) if necessary, revise the standards, consistent with
paragraph (3)(B) and based on significant new information.
``(C) Regulations.--The Secretary of Defense shall
promulgate regulations with respect to a marine pollution
control device under paragraph (4) as soon as practicable
after the Administrator and the Secretary of Defense
promulgate standards with respect to the device under
paragraph (3), but not later than 1 year after the
Administrator and the Secretary of Defense promulgate the
standards. The regulations promulgated by the Secretary of
Defense under paragraph (4) shall become effective upon
promulgation unless another effective date is specified in
the regulations.
``(D) Petition for review.--The Governor of any State may
submit a petition requesting that the Secretary of Defense
and the Administrator review a determination under paragraph
(2) or a standard under paragraph (3), if there is
significant new information, not considered previously, that
could reasonably result in a change to the particular
determination or standard after consideration of the matters
set forth in paragraph (2)(B). The petition shall be
accompanied by the scientific and technical information on
which the petition is based. The Administrator and the
Secretary of Defense shall grant or deny the petition not
later than 2 years after the date of receipt of the petition.
``(6) Effect on other laws.--
``(A) Prohibition on regulation by states or political
subdivisions of states.--Beginning on the effective date of--
``(i) a determination under paragraph (2) that it is not
reasonable and practicable to require use of a marine
pollution control device regarding a particular discharge
incidental to the normal operation of a vessel of the Armed
Forces; or
``(ii) regulations promulgated by the Secretary of Defense
under paragraph (4);
except as provided in paragraph (7), neither a State nor a
political subdivision of a State may adopt or enforce any
statute or regulation of the State or political subdivision
with respect to the discharge or the design, construction,
installation, or use of any marine pollution control device
required to control discharges from a vessel of the Armed
Forces.
``(B) Federal laws.--This subsection shall not affect the
application of section 311 to discharges incidental to the
normal operation of a vessel.
``(7) Establishment of state no-discharge zones.--
``(A) State prohibition.--
``(i) In general.--After the effective date of--
``(I) a determination under paragraph (2) that it is not
reasonable and practicable to require use of a marine
pollution control device regarding a particular discharge
incidental to the normal operation of a vessel of the Armed
Forces; or
``(II) regulations promulgated by the Secretary of Defense
under paragraph (4);
if a State determines that the protection and enhancement of
the quality of some or all of the waters within the State
require greater environmental protection, the State may
prohibit 1 or more discharges incidental to the normal
operation of a vessel, whether treated or not treated, into
the waters. No prohibition shall apply until the
Administrator makes the determinations described in
subclauses (II) and (III) of subparagraph (B)(i).
``(ii) Documentation.--To the extent that a prohibition
under this paragraph would apply to vessels of the Armed
Forces and not to other types of vessels, the State shall
document the technical or environmental basis for the
distinction.
``(B) Prohibition by the administrator.--
``(i) In general.--Upon application of a State, the
Administrator shall by regulation prohibit the discharge from
a vessel of 1 or more discharges incidental to the normal
operation of a vessel, whether treated or not treated, into
the waters covered by the application if the Administrator
determines that--
``(I) the protection and enhancement of the quality of the
specified waters within the State require a prohibition of
the discharge into the waters;
``(II) adequate facilities for the safe and sanitary
removal of the discharge incidental to the normal operation
of a vessel are reasonably available for the waters to which
the prohibition would apply; and
``(III) the prohibition will not have the effect of
discriminating against a vessel of the Armed Forces by reason
of the ownership or operation by the Federal Government, or
the military function, of the vessel.
``(ii) Approval or disapproval.--The Administrator shall
approve or disapprove an application submitted under clause
(i) not later than 90 days after the date on which the
application is submitted to the Administrator.
Notwithstanding clause (i)(II), the Administrator shall not
disapprove an application for the sole reason that there are
not adequate facilities to remove any discharge incidental to
the normal operation of a vessel from vessels of the Armed
Forces.
``(C) Applicability to foreign flagged vessels.--A
prohibition under this paragraph--
``(i) shall not impose any design, construction, manning,
or equipment standard on a foreign flagged vessel engaged in
innocent passage unless the prohibition implements a
generally accepted international rule or standard; and
``(ii) that relates to the prevention, reduction, and
control of pollution shall not apply to a foreign flagged
vessel engaged in transit passage unless the prohibition
implements an applicable international regulation regarding
the discharge of oil, oily waste, or any other noxious
substance into the waters.
``(8) Prohibition relating to vessels of the armed
forces.--After the effective date of the regulations
promulgated by the Secretary of Defense under paragraph (4),
it shall be unlawful for any vessel of the Armed Forces
subject to the regulations to--
``(A) operate in the navigable waters of the United States
or the waters of the contiguous zone, if the vessel is not
equipped with any required marine pollution control device
meeting standards established under this subsection; or
``(B) discharge overboard any discharge incidental to the
normal operation of a vessel in waters with respect to which
a prohibition on the discharge has been established under
paragraph (7).
``(9) Enforcement.--This subsection shall be enforceable,
as provided in subsections (j) and (k), against any agency of
the United States responsible for vessels of the Armed Forces
notwithstanding any immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1322(a)) is amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of the United States,'' after
``association,'';
[[Page 80]]
(B) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal operation of a
vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water, cooling water, weather deck
runoff, ballast water, oil water separator effluent, and any
other pollutant discharge from the operation of a marine
propulsion system, shipboard maneuvering system, crew
habitability system, or installed major equipment, such as an
aircraft carrier elevator or a catapult, or from a
protective, preservative, or absorptive application to the
hull of the vessel; and
``(ii) a discharge in connection with the testing,
maintenance, and repair of a system described in clause (i)
whenever the vessel is waterborne; and
``(B) does not include--
``(i) a discharge of rubbish, trash, garbage, or other such
material discharged overboard;
``(ii) an air emission resulting from the operation of a
vessel propulsion system, motor driven equipment, or
incinerator; or
``(iii) a discharge that is not covered by part 122.3 of
title 40, Code of Federal Regulations (as in effect on the
date of the enactment of subsection (n));
``(13) `marine pollution control device' means any
equipment or management practice, for installation or use on
board a vessel of the Armed Forces, that is--
``(A) designed to receive, retain, treat, control, or
discharge a discharge incidental to the normal operation of a
vessel; and
``(B) determined by the Administrator and the Secretary of
Defense to be the most effective equipment or management
practice to reduce the environmental impacts of the discharge
consistent with the considerations set forth in subsection
(n)(2)(B); and
``(14) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the Department of
Defense, other than a time or voyage chartered vessel; and
``(B) any vessel owned or operated by the Department of
Transportation that is designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in subparagraph (A).''.
(2) Enforcement.--The first sentence of section 312(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1322(j))
is amended--
(A) by striking ``of this section or'' and inserting a
comma; and
(B) by striking ``of this section shall'' and inserting ``,
or subsection (n)(8) shall''.
(3) Other definitions.--Subparagraph (A) of the second
sentence of section 502(6) of the Federal Water Pollution
Control Act (33 U.S.C. 1362(6)) is amended by striking ``
`sewage from vessels' '' and inserting `` `sewage from
vessels or a discharge incidental to the normal operation of
a vessel of the Armed Forces' ''.
(d) Cooperation in Standards Development.--The
Administrator of the Environmental Protection Agency and the
Secretary of Defense may, by mutual agreement, with or
without reimbursement, provide for the use of information,
reports, personnel, or other resources of the Environmental
Protection Agency or the Department of Defense to carry out
section 312(n) of the Federal Water Pollution Control Act (as
added by subsection (b)), including the use of the
resources--
(1) to determine--
(A) the nature and environmental effect of discharges
incidental to the normal operation of a vessel of the Armed
Forces;
(B) the practicability of using marine pollution control
devices on vessels of the Armed Forces; and
(C) the effect that installation or use of marine pollution
control devices on vessels of the Armed Forces would have on
the operation or operational capability of the vessels; and
(2) to establish performance standards for marine pollution
control devices on vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. OPERATION OF COMMISSARY SYSTEM.
(a) Cooperation With Other Entities.--Section 2482 of title
10, United States Code, is amended--
(1) in the section heading, by striking out ``private'';
(2) by inserting ``(a) Private Operation.--'' before
``Private persons''; and
(3) by adding at the end the following new subsection:
``(b) Contracts With Other Agencies and
Instrumentalities.--(1) The Defense Commissary Agency, and
any other agency of the Department of Defense that supports
the operation of the commissary system, may enter into a
contract or other agreement with another department, agency,
or instrumentality of the Department of Defense or another
Federal agency to provide services beneficial to the
efficient management and operation of the commissary system.
``(2) A commissary store operated by a nonappropriated fund
instrumentality of the Department of Defense shall be
operated in accordance with section 2484 of this title.
Subject to such section, the Secretary of Defense may
authorize a transfer of goods, supplies, and facilities of,
and funds appropriated for, the Defense Commissary Agency or
any other agency of the Department of Defense that supports
the operation of the commissary system to a nonappropriated
fund instrumentality for the operation of a commissary
store.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 147 of
such title is amended to read as follows:
``2482. Commissary stores: operation.''.
SEC. 332. LIMITED RELEASE OF COMMISSARY STORES SALES
INFORMATION TO MANUFACTURERS, DISTRIBUTORS, AND
OTHER VENDORS DOING BUSINESS WITH DEFENSE
COMMISSARY AGENCY.
Section 2487(b) of title 10, United States Code, is amended
in the second sentence by inserting before the period the
following: ``unless the agreement is between the Defense
Commissary Agency and a manufacturer, distributor, or other
vendor doing business with the Agency and is restricted to
information directly related to merchandise provided by
that manufacturer, distributor, or vendor''.
SEC. 333. ECONOMICAL DISTRIBUTION OF DISTILLED SPIRITS BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Economical Distribution.--Subsection (a)(1) of section
2488 of title 10, United States Code, is amended by inserting
after ``most competitive source'' the following: ``and
distributed in the most economical manner''.
(b) Determination of Most Economical Distribution Method.--
Such section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) In the case of covered alcoholic beverage
purchases of distilled spirits, to determine whether a
nonappropriated fund instrumentality of the Department of
Defense provides the most economical method of distribution
to package stores, the Secretary of Defense shall consider
all components of the distribution costs incurred by the
nonappropriated fund instrumentality, such as overhead costs
(including costs associated with management, logistics,
administration, depreciation, and utilities), the costs of
carrying inventory, and handling and distribution costs.
``(2) If the use of a private distributor would subject
covered alcoholic beverage purchases of distilled spirits to
direct or indirect State taxation, a nonappropriated fund
instrumentality shall be considered to be the most economical
method of distribution regardless of the results of the
determination under paragraph (1).
``(3) The Secretary shall use the agencies performing audit
functions on behalf of the armed forces and the Inspector
General of the Department of Defense to make determinations
under this subsection.''.
SEC. 334. TRANSPORTATION BY COMMISSARIES AND EXCHANGES TO
OVERSEAS LOCATIONS.
(a) In General.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2643. Commissary and exchange services: transportation
overseas
``The Secretary of Defense shall authorize the officials
responsible for operation of commissaries and military
exchanges to negotiate directly with private carriers for the
most cost-effective transportation of commissary and exchange
supplies by sea without relying on the Military Sealift
Command or the Military Traffic Management Command. Section
2631 of this title, regarding the preference for vessels of
the United States or belonging to the United States in the
transportation of supplies by sea, shall apply to the
negotiation of transportation contracts under the authority
of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2643. Commissary and exchange services: transportation overseas.''.
SEC. 335. DEMONSTRATION PROJECT FOR UNIFORM FUNDING OF
MORALE, WELFARE, AND RECREATION ACTIVITIES AT
CERTAIN MILITARY INSTALLATIONS.
(a) Demonstration Project Required.--(1) The Secretary of
Defense shall conduct a demonstration project to evaluate the
feasibility of using only nonappropriated funds to support
morale, welfare, and recreation programs at military
installations in order to facilitate the procurement of
property and services for those programs and the management
of employees used to carry out those programs.
(2) Under the demonstration project--
(A) procurements of property and services for programs
referred to in paragraph (1) may be carried out in accordance
with laws and regulations applicable to procurements paid for
with nonappropriated funds; and
(B) appropriated funds available for such programs may be
expended in accordance with laws applicable to expenditures
of nonappropriated funds as if the appropriated funds were
nonappropriated funds.
(3) The Secretary shall prescribe regulations to carry out
paragraph (2). The regulations shall provide for financial
management and accounting of appropriated funds expended in
accordance with subparagraph (B) of such paragraph.
(b) Covered Military Installations.--The Secretary shall
select not less than three and not more than six military
installations to participate in the demonstration project.
(c) Period of Demonstration Project.--The demonstration
project shall terminate not later than September 30, 1998.
[[Page 81]]
(d) Effect on Employees.--For the purpose of testing fiscal
accounting procedures, the Secretary may convert, for the
duration of the demonstration project, the status of an
employee who carries out a program referred to in subsection
(a)(1) from the status of an employee paid by appropriated
funds to the status of a nonappropriated fund instrumentality
employee, except that such conversion may occur only--
(1) if the employee whose status is to be converted--
(A) is fully informed of the effects of such conversion on
the terms and conditions of the employment of that employee
for purposes of title 5, United States Code, and on the
benefits provided to that employee under such title; and
(B) consents to such conversion; or
(2) in a manner which does not affect such terms and
conditions of employment or such benefits.
(e) Reports.--(1) Not later than six months after the date
of the enactment of this Act, the Secretary shall submit to
Congress an interim report on the implementation of this
section.
(2) Not later than December 31, 1998, the Secretary shall
submit to Congress a final report on the results of the
demonstration project. The report shall include a comparison
of--
(A) the cost incurred under the demonstration project in
using employees paid by appropriated funds together with
nonappropriated fund instrumentality employees to carry out
the programs referred to in subsection (a)(1); and
(B) an estimate of the cost that would have been incurred
if only nonappropriated fund instrumentality employees had
been used to carry out such programs.
SEC. 336. OPERATION OF COMBINED EXCHANGE AND COMMISSARY
STORES.
(a) In General.--(1) Chapter 147 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2490a. Combined exchange and commissary stores
``(a) Authority.--The Secretary of Defense may authorize a
nonappropriated fund instrumentality to operate a military
exchange and a commissary store as a combined exchange and
commissary store on a military installation.
``(b) Limitations.--(1) Not more than ten combined exchange
and commissary stores may be operated pursuant to this
section.
``(2) The Secretary may select a military installation for
the operation of a combined exchange and commissary store
under this section only if--
``(A) the installation is to be closed, or has been or is
to be realigned, under a base closure law; or
``(B) a military exchange and a commissary store are
operated at the installation by separate entities at the time
of, or immediately before, such selection and it is not
economically feasible to continue that separate operation.
``(c) Operation at Carswell Field.--Combined exchange and
commissary stores operated under this section shall include
the combined exchange and commissary store that is operated
at the Naval Air Station Fort Worth, Joint Reserve Center,
Carswell Field, Texas, under the authority provided in
section 375 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2736).
``(d) Adjustments and Surcharges.--Adjustments to, and
surcharges on, the sales price of a grocery food item sold in
a combined exchange and commissary store under this section
shall be provided for in accordance with the same laws that
govern such adjustments and surcharges for items sold in a
commissary store of the Defense Commissary Agency.
``(e) Use of Appropriated Funds.--(1) If a nonappropriated
fund instrumentality incurs a loss in operating a combined
exchange and commissary store at a military installation
under this section as a result of the requirement set forth
in subsection (d), the Secretary may authorize a transfer of
funds available for the Defense Commissary Agency to the
nonappropriated fund instrumentality to offset the loss.
``(2) The total amount of appropriated funds transferred
during a fiscal year to support the operation of a combined
exchange and commissary store at a military installation
under this section may not exceed an amount that is equal to
25 percent of the amount of appropriated funds that was
provided for the operation of the commissary store of the
Defense Commissary Agency on that installation during the
last full fiscal year of operation of that commissary store.
``(f) Definitions.--In this section:
``(1) The term `nonappropriated fund instrumentality' means
the Army and Air Force Exchange Service, Navy Exchange
Service Command, Marine Corps exchanges, or any other
instrumentality of the United States under the jurisdiction
of the Armed Forces which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of
members of the Armed Forces.
``(2) The term `base closure law' has the meaning given
such term by section 2667(g) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2490a. Combined exchange and commissary stores.''.
(b) Conforming Amendment.--Section 375 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2736) is amended by striking out ``, until
December 31, 1995,''.
SEC. 337. DEFERRED PAYMENT PROGRAMS OF MILITARY EXCHANGES.
(a) Use of Commercial Banking Institution.--(1) As soon as
practicable after the date of the enactment of this Act, the
Secretary of Defense shall seek to enter into an agreement
with a commercial banking institution under which the
institution agrees to finance and operate the deferred
payment program of the Army and Air Force Exchange Service
and the deferred payment program of the Navy Exchange Service
Command. The Secretary shall use competitive procedures to
enter into an agreement under this paragraph.
(2) In order to facilitate the transition of the operation
of the programs referred to in paragraph (1) to commercial
operation under an agreement described in that paragraph, the
Secretary may initially limit the scope of any such agreement
so as to apply to only one of the programs.
(b) Report.--Not later than December 31, 1995, the
Secretary shall submit to Congress a report on the
implementation of this section. The report shall also include
an analysis of the impact of the deferred payment programs
referred to in subsection (a)(1), including the impact of the
default and collection procedures under such programs, on
members of the Armed Forces and their families.
SEC. 338. AVAILABILITY OF FUNDS TO OFFSET EXPENSES INCURRED
BY ARMY AND AIR FORCE EXCHANGE SERVICE ON
ACCOUNT OF TROOP REDUCTIONS IN EUROPE.
Of funds authorized to be appropriated under section
301(5), not less than $70,000,000 shall be available to the
Secretary of Defense for transfer to the Army and Air Force
Exchange Service to offset expenses incurred by the Army and
Air Force Exchange Service on account of reductions in the
number of members of the United States Armed Forces assigned
to permanent duty ashore in Europe.
SEC. 339. STUDY REGARDING IMPROVING EFFICIENCIES IN OPERATION
OF MILITARY EXCHANGES AND OTHER MORALE,
WELFARE, AND RECREATION ACTIVITIES AND
COMMISSARY STORES.
(a) Study Required.--The Secretary of Defense shall conduct
a study regarding the manner in which greater efficiencies
can be achieved in the operation of--
(1) military exchanges;
(2) other instrumentalities of the United States under the
jurisdiction of the Armed Forces which are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the Armed Forces; and
(3) commissary stores.
(b) Report of Study.--Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report
describing the results of the study and containing such
recommendations as the Secretary considers appropriate to
implement options identified in the study to achieve the
greater efficiencies referred to in subsection (a).
SEC. 340. REPEAL OF REQUIREMENT TO CONVERT SHIPS' STORES TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Repeal.--Section 371 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
10 U.S.C. 7604 note) is amended--
(1) by striking out subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
(b) Inspector General Review.--Not later than April 1,
1996, the Inspector General of the Department of Defense
shall submit to Congress a report that reviews the report on
the costs and benefits of converting to operation of Navy
ships' stores by nonappropriated fund instrumentalities that
the Navy Audit Agency prepared in connection with the
postponement of the deadline for the conversion provided for
in section 374(a) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2736).
SEC. 341. DISPOSITION OF EXCESS MORALE, WELFARE, AND
RECREATION FUNDS.
Section 2219 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``a military
department'' and inserting in lieu thereof ``an armed
force'';
(2) in the second sentence--
(A) by striking out ``, department-wide''; and
(B) by striking out ``of the military department'' and
inserting in lieu thereof ``for that armed force''; and
(3) by adding at the end the following: ``This section does
not apply to the Coast Guard.''.
SEC. 342. CLARIFICATION OF ENTITLEMENT TO USE OF MORALE,
WELFARE, AND RECREATION FACILITIES BY MEMBERS
OF RESERVE COMPONENTS AND DEPENDENTS.
(a) In General.--Section 1065 of title 10, United States
Code, is amended to read as follows:
``Sec. 1065. Morale, welfare, and recreation retail
facilities: use by members of reserve components and
dependents
``(a) Members of the Selected Reserve.--A member of the
Selected Reserve in good standing (as determined by the
Secretary concerned) shall be permitted to use MWR retail
facilities on the same basis as members on active duty.
[[Page 82]]
``(b) Members of Ready Reserve Not in Selected Reserve.--
Subject to such regulations as the Secretary of Defense may
prescribe, a member of the Ready Reserve (other than members
of the Selected Reserve) may be permitted to use MWR retail
facilities on the same basis as members serving on active
duty.
``(c) Reserve Retirees Under Age 60.--A member or former
member of a reserve component under 60 years of age who, but
for age, would be eligible for retired pay under chapter 1223
of this title shall be permitted to use MWR retail facilities
on the same basis as members of the armed forces entitled to
retired pay under any other provision of law.
``(d) Dependents.--(1) Dependents of a member who is
permitted under subsection (a) or (b) to use MWR retail
facilities shall be permitted to use such facilities on the
same basis as dependents of members on active duty.
``(2) Dependents of a member who is permitted under
subsection (c) to use MWR retail facilities shall be
permitted to use such facilities on the same basis as
dependents of members of the armed forces entitled to retired
pay under any other provision of law.
``(e) MWR Retail Facility Defined.--In this section, the
term `MWR retail facilities' means exchange stores and other
revenue-generating facilities operated by nonappropriated
fund activities of the Department of Defense for the morale,
welfare, and recreation of members of the armed forces.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 54 of
such title is amended to read as follows:
``1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION
SERVICES.
(a) Requirement for Competitive Procurement.--Except as
provided in subsection (b), the Secretary of Defense shall,
during fiscal year 1996 and consistent with the requirements
of title 44, United States Code, competitively procure
printing and duplication services from private-sector sources
for the performance of at least 70 percent of the total
printing and duplication requirements of the Defense Printing
Service.
(b) Exception for Classified Information.--The requirement
of subsection (a) shall not apply to the procurement of
services for printing and duplicating classified documents
and information.
SEC. 352. DIRECT VENDOR DELIVERY SYSTEM FOR CONSUMABLE
INVENTORY ITEMS OF DEPARTMENT OF DEFENSE.
(a) Implementation of Direct Vendor Delivery System.--Not
later than September 30, 1997, the Secretary of Defense
shall, to the maximum extent practicable, implement a system
under which consumable inventory items referred to in
subsection (b) are delivered to military installations
throughout the United States directly by the vendors of those
items. The purpose for implementing the system is to reduce
the expense and necessity of maintaining extensive warehouses
for those items within the Department of Defense.
(b) Covered Items.--The items referred to in subsection (a)
are the following:
(1) Food and clothing.
(2) Medical and pharmaceutical supplies.
(3) Automotive, electrical, fuel, and construction
supplies.
(4) Other consumable inventory items the Secretary
considers appropriate.
SEC. 353. PAYROLL, FINANCE, AND ACCOUNTING FUNCTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Plan for Private Operation of Certain Functions.--(1)
Not later than October 1, 1996, the Secretary of Defense
shall submit to Congress a plan for the performance by
private-sector sources of payroll functions for civilian
employees of the Department of Defense other than employees
paid from nonappropriated funds.
(2)(A) The Secretary shall implement the plan referred to
in paragraph (1) if the Secretary determines that the cost of
performance by private-sector sources of the functions
referred to in that paragraph does not exceed the cost of
performance of those functions by employees of the Federal
Government.
(B) In computing the total cost of performance of such
functions by employees of the Federal Government, the
Secretary shall include the following:
(i) Managerial and administrative costs.
(ii) Personnel costs, including the cost of providing
retirement benefits for such personnel.
(iii) Costs associated with the provision of facilities and
other support by Federal agencies.
(C) The Defense Contract Audit Agency shall verify the
costs computed for the Secretary under this paragraph by
others.
(3) At the same time the Secretary submits the plan
required by paragraph (1), the Secretary shall submit to
Congress a report on other accounting and finance functions
of the Department that are appropriate for performance by
private-sector sources.
(b) Pilot Program for Private Operation of NAFI
Functions.--(1) The Secretary shall carry out a pilot program
to test the performance by private-sector sources of payroll
and other accounting and finance functions of nonappropriated
fund instrumentalities and to evaluate the extent to which
cost savings and efficiencies would result from the
performance of such functions by those sources.
(2) The payroll and other accounting and finance functions
designated by the Secretary for performance by private-sector
sources under the pilot program shall include at least one
major payroll, accounting, or finance function.
(3) To carry out the pilot program, the Secretary shall
enter into discussions with private-sector sources for the
purpose of developing a request for proposals to be issued
for performance by those sources of functions designated by
the Secretary under paragraph (2). The discussions shall be
conducted on a schedule that accommodates issuance of a
request for proposals within 60 days after the date of the
enactment of this Act.
(4) A goal of the pilot program is to reduce by at least 25
percent the total costs incurred by the Department annually
for the performance of a function referred to in paragraph
(2) through the performance of that function by a private-
sector source.
(5) Before conducting the pilot program, the Secretary
shall develop a plan for the program that addresses the
following:
(A) The purposes of the program.
(B) The methodology, duration, and anticipated costs of the
program, including the cost of an arrangement pursuant to
which a private-sector source would receive an agreed-upon
payment plus an additional negotiated amount not to exceed 50
percent of the dollar savings achieved in excess of the goal
specified in paragraph (4).
(C) A specific citation to any provisions of law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(D) A mechanism to evaluate the program.
(E) A provision for all payroll, accounting, and finance
functions of nonappropriated fund instrumentalities of the
Department of Defense to be performed by private-sector
sources, if determined advisable on the basis of a final
assessment of the results of the program.
(6) The Secretary shall act through the Under Secretary of
Defense (Comptroller) in the performance of the Secretary's
responsibilities under this subsection.
(c) Limitation on Opening of New Operating Locations for
Defense Finance and Accounting Service.--(1) Except as
provided in paragraph (2), the Secretary may not establish a
new operating location for the Defense Finance and Accounting
Service during fiscal year 1996.
(2) The Secretary may establish a new operating location
for the Defense Finance and Accounting Service if--
(A) for a new operating location that the Secretary planned
before the date of the enactment of this Act to establish on
or after that date, the Secretary reconsiders the need for
establishing that new operating location; and
(B) for each new operating location, including a new
operating location referred to in subparagraph (A)--
(i) the Secretary submits to Congress, as part of the
report required by subsection (a)(4), an analysis of the need
for establishing the new operating location; and
(ii) a period of 30 days elapses after the Congress
receives the report.
(3) In this subsection, the term ``new operating location''
means an operating location that is not in operation on the
date of the enactment of this Act, except that such term does
not include an operating location for which, as of such
date--
(A) the Secretary has established a date for the
commencement of operations; and
(B) funds have been expended for the purpose of its
establishment.
SEC. 354. DEMONSTRATION PROGRAM TO IDENTIFY OVERPAYMENTS MADE
TO VENDORS.
(a) In General.--The Secretary of Defense shall conduct a
demonstration program to evaluate the feasibility of using
private contractors to audit accounting and procurement
records of the Department of Defense in order to identify
overpayments made to vendors by the Department. The
demonstration program shall be conducted for the Defense
Logistics Agency and include the Defense Personnel Support
Center.
(b) Program Requirements.--(1) Under the demonstration
program, the Secretary shall, by contract, provide for one or
more persons to audit the accounting and procurement records
of the Defense Logistics Agency that relate to (at least)
fiscal years 1993, 1994, and 1995. The Secretary may enter
into more than one contract under the program.
(2) A contract under the demonstration program shall
require the contractor to use data processing techniques that
are generally used in audits of private-sector records
similar to the records audited under the contract.
(c) Audit Requirements.--In conducting an audit under the
demonstration program, a contractor shall compare Department
of Defense purchase agreements (and related documents) with
invoices submitted by vendors under the purchase agreements.
A purpose of the comparison is to identify, in the case of
each audited purchase agreement, the following:
(1) Any payments to the vendor for costs that are not
allowable under the terms of the purchase agreement or by
law.
(2) Any amounts not deducted from the total amount paid to
the vendor under the purchase agreement that should have been
deducted from that amount on account of goods and services
provided to the vendor by the Department.
[[Page 83]]
(3) Duplicate payments.
(4) Unauthorized charges.
(5) Other discrepancies between the amount paid to the
vendor and the amount actually due the vendor under the
purchase agreement.
(d) Bonus Payment.--To the extent provided for in a
contract under the demonstration program, the Secretary may
pay the contractor a bonus in addition to any other amount
paid for performance of the contract. The amount of such
bonus may not exceed the amount that is equal to 25 percent
of all amounts recovered by the United States on the basis of
information obtained as a result of the audit performed under
the contract. Any such bonus shall be paid out of amounts
made available pursuant to subsection (e).
(e) Availability of Funds.--Of the amount authorized to be
appropriated pursuant to section 301(5), not more than
$5,000,000 shall be available for the demonstration program.
SEC. 355. PILOT PROGRAM ON PRIVATE OPERATION OF DEFENSE
DEPENDENTS' SCHOOLS.
(a) Pilot Program.--The Secretary of Defense may conduct a
pilot program to evaluate the feasibility of using private
contractors to operate schools of the defense dependents'
education system established under section 1402(a) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921(a)).
(b) Selection of School for Program.--If the Secretary
conducts the pilot program, the Secretary shall select one
school of the defense dependents' education system for
participation in the program and provide for the operation of
the school by a private contractor for not less than one
complete school year.
(c) Report.--Not later than 30 days after the end of the
first school year in which the pilot program is conducted,
the Secretary shall submit to Congress a report on the
results of the program. The report shall include the
recommendation of the Secretary with respect to the extent to
which other schools of the defense dependents' education
system should be operated by private contractors.
SEC. 356. PROGRAM FOR IMPROVED TRAVEL PROCESS FOR THE
DEPARTMENT OF DEFENSE.
(a) In General.--(1) The Secretary of Defense shall conduct
a program to evaluate options to improve the Department of
Defense travel process. To carry out the program, the
Secretary shall compare the results of the tests conducted
under subsection (b) to determine which travel process tested
under such subsection is the better option to effectively
manage travel of Department personnel.
(2) The program shall be conducted at not less than three
and not more than six military installations, except that an
installation may be the subject of only one test conducted
under the program.
(3) The Secretary shall act through the Under Secretary of
Defense (Comptroller) in the performance of the Secretary's
responsibilities under this section.
(b) Conduct of Tests.--(1) The Secretary shall conduct a
test at an installation referred to in subsection (a)(2)
under which the Secretary--
(A) implements the changes proposed to be made with respect
to the Department of Defense travel process by the task force
on travel management that was established by the Secretary in
July 1994;
(B) manages and uniformly applies that travel process
(including the implemented changes) throughout the
Department; and
(C) provides opportunities for private-sector sources to
provide travel reservation services and credit card services
to facilitate that travel process.
(2) The Secretary shall conduct a test at an installation
referred to in subsection (a)(2) under which the Secretary--
(A) enters into one or more contracts with a private-sector
source pursuant to which the private-sector source manages
the Department of Defense travel process (except for
functions referred to in subparagraph (B)), provides for
responsive, reasonably priced services as part of the travel
process, and uniformly applies the travel process throughout
the Department; and
(B) provides for the performance by employees of the
Department of only those travel functions, such as travel
authorization, that the Secretary considers to be necessary
to be performed by such employees.
(3) Each test required by this subsection shall begin not
later than 60 days after the date of the enactment of this
Act and end two years after the date on which it began. Each
such test shall also be conducted in accordance with the
guidelines for travel management issued for the Department by
the Under Secretary of Defense (Comptroller).
(c) Evaluation Criteria.--The Secretary shall establish
criteria to evaluate the travel processes tested under
subsection (b). The criteria shall, at a minimum, include the
extent to which a travel process provides for the following:
(1) The coordination, at the time of a travel reservation,
of travel policy and cost estimates with the mission which
necessitates the travel.
(2) The use of fully integrated travel solutions envisioned
by the travel reengineering report of the Department of
Defense dated January 1995.
(3) The coordination of credit card data and travel
reservation data with cost estimate data.
(4) The elimination of the need for multiple travel
approvals through the coordination of such data with proposed
travel plans.
(5) A responsive and flexible management information system
that enables the Under Secretary of Defense (Comptroller) to
monitor travel expenses throughout the year, accurately plan
travel budgets for future years, and assess, in the case of
travel of an employee on temporary duty, the relationship
between the cost of the travel and the value of the travel to
the accomplishment of the mission which necessitates the
travel.
(d) Plan for Program.--Before conducting the program, the
Secretary shall develop a plan for the program that addresses
the following:
(1) The purposes of the program, including the achievement
of an objective of reducing by at least 50 percent the total
cost incurred by the Department annually to manage the
Department of Defense travel process.
(2) The methodology and anticipated cost of the program,
including the cost of an arrangement pursuant to which a
private-sector source would receive an agreed-upon payment
plus an additional negotiated amount that does not exceed 50
percent of the total amount saved in excess of the objective
specified in paragraph (1).
(3) A specific citation to any provision or law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(4) The evaluation criteria established pursuant to
subsection (c).
(5) A provision for implementing throughout the Department
the travel process determined to be the better option to
effectively manage travel of Department personnel on the
basis of a final assessment of the results of the program.
(e) Report.--After the first full year of the conduct of
the tests required by subsection (b), the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report on the implementation of the
program. The report shall include an analysis of the
evaluation criteria established pursuant to subsection (c).
SEC. 357. INCREASED RELIANCE ON PRIVATE-SECTOR SOURCES FOR
COMMERCIAL PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense shall endeavor to
carry out through a private-sector source any activity to
provide a commercial product or service for the Department of
Defense if--
(1) the product or service can be provided adequately
through such a source; and
(2) an adequate competitive environment exists to provide
for economical performance of the activity by such a source.
(b) Applicability.--(1) Subsection (a) shall not apply to
any commercial product or service with respect to which the
Secretary determines that production, manufacture, or
provision of that product or service by the Government is
necessary for reasons of national security.
(2) A determination under paragraph (1) shall be made in
accordance with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary shall prescribe regulations
to carry out this section. Such regulations shall be
prescribed in consultation with the Director of the Office of
Management and Budget.
(d) Report.--(1) The Secretary shall identify activities of
the Department (other than activities specified by the
Secretary pursuant to subsection (b)) that are carried out by
employees of the Department to provide commercial-type
products or services for the Department.
(2) Not later than April 15, 1996, the Secretary shall
transmit to the congressional defense committees a report on
opportunities for increased use of private-sector sources to
provide commercial products and services for the Department.
(3) The report required by paragraph (2) shall include the
following:
(A) A list of activities identified under paragraph (1)
indicating, for each activity, whether the Secretary proposes
to convert the performance of that activity to performance by
private-sector sources and, if not, the reasons why.
(B) An assessment of the advantages and disadvantages of
using private-sector sources, rather than employees of the
Department, to provide commercial products and services for
the Department that are not essential to the warfighting
mission of the Armed Forces.
(C) A specification of all legislative and regulatory
impediments to converting the performance of activities
identified under paragraph (1) to performance by private-
sector sources.
(D) The views of the Secretary on the desirability of
terminating the applicability of OMB Circular A-76 to the
Department.
(4) The Secretary shall carry out paragraph (1) in
consultation with the Director of the Office of Management
and Budget and the Comptroller General of the United States.
In carrying out that paragraph, the Secretary shall consult
with, and seek the views of, representatives of the private
sector, including organizations representing small
businesses.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
SEC. 361. QUARTERLY READINESS REPORTS.
(a) In General.--(1) Chapter 22 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 452. Quarterly readiness reports
``(a) Requirement.--Not later than 30 days after the end of
each calendar-year quarter,
[[Page 84]]
the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on military
readiness. The report for any quarter shall be based on
assessments that are provided during that quarter--
``(1) to any council, committee, or other body of the
Department of Defense (A) that has responsibility for
readiness oversight, and (B) the membership of which includes
at least one civilian officer in the Office of the Secretary
of Defense at the level of Assistant Secretary of Defense or
higher;
``(2) by senior civilian and military officers of the
military departments and the commanders of the unified and
specified commands; and
``(3) as part of any regularly established process of
periodic readiness reviews for the Department of Defense as a
whole.
``(b) Matters To Be Included.--Each such report shall--
``(1) specifically describe identified readiness problems
or deficiencies and planned remedial actions; and
``(2) include the key indicators and other relevant data
related to the identified problem or deficiency.
``(c) Classification of Reports.--Reports under this
section shall be submitted in unclassified form and may, as
the Secretary determines necessary, also be submitted in
classified form.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``452. Quarterly readiness reports.''.
(b) Effective Date.--Section 452 of title 10, United States
Code, as added by subsection (a), shall take effect with the
calendar-year quarter during which this Act is enacted.
SEC. 362. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS
TO CONGRESS ON TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.
Section 361 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2732) is
amended to read as follows:
``SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON TRANSFERS FROM
HIGH-PRIORITY READINESS APPROPRIATIONS.
``(a) Annual Reports.--During 1996 and 1997, the Secretary
of Defense shall submit to the congressional defense
committees a report on transfers during the preceding fiscal
year from funds available for each budget activity specified
in subsection (d) (hereinafter in this section referred to as
`covered budget activities'). The report each year shall be
submitted not later than the date in that year on which the
President submits the budget for the next fiscal year to
Congress pursuant to section 1105 of title 31, United States
Code.
``(b) Midyear Reports.--On May 1 of each year specified in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report providing the same
information, with respect to the first six months of the
fiscal year in which the report is submitted, that is
provided in reports under subsection (a) with respect to the
preceding fiscal year.
``(c) Matters To Be Included.--In each report under this
section, the Secretary shall include for each covered budget
activity the following:
``(1) A statement, for the period covered by the report,
of--
``(A) the total amount of transfers into funds available
for that activity;
``(B) the total amount of transfers from funds available
for that activity; and
``(C) the net amount of transfers into, or out of, funds
available for that activity.
``(2) A detailed explanation of the transfers into, and out
of, funds available for that activity during the period
covered by the report.
``(d) Covered Budget Activities.--The budget activities to
which this section applies are the following:
``(1) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Army, appropriation that are
designated as follows:
``(A) Combat Units.
``(B) Tactical Support.
``(C) Force-Related Training/Special Activities.
``(D) Depot Maintenance.
``(E) JCS Exercises.
``(2) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Navy, appropriation that are
designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Mission and Other Ship Operations.
``(C) Fleet Air Training.
``(D) Ship Operational Support and Training.
``(E) Aircraft Depot Maintenance.
``(F) Ship Depot Maintenance.
``(3) The budget activity groups (known as
`subactivities'), or other activity, within the Operating
Forces budget activity of the annual Operation and
Maintenance, Air Force, appropriation that are designated or
otherwise identified as follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Global and Early Warning.
``(D) Air Operations Training.
``(E) Depot Maintenance.
``(F) JCS Exercises.''.
SEC. 363. REPORT REGARDING REDUCTION OF COSTS ASSOCIATED WITH
CONTRACT MANAGEMENT OVERSIGHT.
(a) Report Required.--Not later than April 1, 1996, the
Comptroller General of the United States shall submit to
Congress a report identifying methods to reduce the cost to
the Department of Defense of management oversight of
contracts in connection with major defense acquisition
programs.
(b) Major Defense Acquisition Programs Defined.--For
purposes of this section, the term ``major defense
acquisition program'' has the meaning given that term in
section 2430(a) of title 10, United States Code.
SEC. 364. REVIEWS OF MANAGEMENT OF INVENTORY CONTROL POINTS
AND MATERIEL MANAGEMENT STANDARD SYSTEM.
(a) Review of Consolidation of Inventory Control Points.--
(1) The Secretary of Defense shall conduct a review of the
management by the Defense Logistics Agency of all inventory
control points of the Department of Defense. In conducting
the review, the Secretary shall examine the management and
acquisition practices of the Defense Logistics Agency for
inventory of repairable spare parts.
(2) Not later than March 31, 1996, the Secretary shall
submit to the Comptroller General of the United States and
the congressional defense committees a report on the results
the review conducted under paragraph (1).
(b) Review of Materiel Management Standard System.--(1) The
Comptroller General of the United States shall conduct a
review of the automated data processing system of the
Department of Defense known as the Materiel Management
Standard System.
(2) Not later than May 1, 1996, the Comptroller General
shall submit to the congressional defense committees a report
on the results of the review conducted under paragraph (1).
3SEC. 365. REPORT ON PRIVATE PERFORMANCE OF CERTAIN FUNCTIONS
PERFORMED BY MILITARY AIRCRAFT.
(a) Report Required.--Not later than May 1, 1996, the
Secretary of Defense shall submit to Congress a report on the
feasibility of providing for the performance by private-
sector sources of functions necessary to be performed to
fulfill the requirements of the Department of Defense for air
transportation of personnel and cargo.
(b) Content of Report.--The report shall include the
following:
(1) A cost-benefit analysis with respect to the performance
by private-sector sources of functions described in
subsection (a), including an explanation of the assumptions
used in the cost-benefit analysis.
(2) An assessment of the issues raised by providing for
such performance by means of a contract entered into with a
private-sector source.
(3) An assessment of the issues raised by providing for
such performance by means of converting functions described
in subsection (a) to private ownership and operation, in
whole or in part.
(4) A discussion of the requirements for the performance of
such functions in order to fulfill the requirements referred
to in subsection (a) during wartime.
(5) The effect on military personnel and facilities of
using private-sector sources to fulfill the requirements
referred to in such subsection.
(6) The performance by private-sector sources of any other
military aircraft functions (such as non-combat inflight
fueling of aircraft) the Secretary considers appropriate.
SEC. 366. STRATEGY AND REPORT ON AUTOMATED INFORMATION
SYSTEMS OF DEPARTMENT OF DEFENSE.
(a) Development of Strategy.--The Secretary of Defense
shall develop a strategy for the development or modernization
of automated information systems for the Department of
Defense.
(b) Matters to Consider.--In developing the strategy
required under subsection (a), the Secretary shall consider
the following:
(1) The use of performance measures and management
controls.
(2) Findings of the Functional Management Review conducted
by the Secretary.
(3) Program management actions planned by the Secretary.
(4) Actions and milestones necessary for completion of
functional and economic analyses for--
(A) the Automated System for Transportation data;
(B) continuous acquisition and life cycle support;
(C) electronic data interchange;
(D) flexible computer integrated manufacturing;
(E) the Navy Tactical Command Support System; and
(F) the Defense Information System Network.
(5) Progress made by the Secretary in resolving problems
with respect to the Defense Information System Network and
the Joint Computer-Aided Acquisition and Logistics Support
System.
(6) Tasks identified in the review conducted by the
Secretary of the Standard Installation/Division Personnel
System-3.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Strategy.--(1) Not later than April 15, 1996,
the Secretary shall submit to Congress a report on the
development of the strategy required under subsection (a).
(2) In the case of the Air Force Wargaming Center, the Air
Force Command Exercise System, the Cheyenne Mountain Upgrade,
the Transportation Coordinator Automated
[[Page 85]]
Command and Control Information Systems, and the Wing Command
and Control Systems, the report required by paragraph (1)
shall provide functional economic analyses and address
waivers exercised for compelling military importance under
section 381(d) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2739).
(3) The report required by paragraph (1) shall also include
the following:
(A) A certification by the Secretary of the termination of
the Personnel Electronic Record Management System or a
justification for the continued need for such system.
(B) Findings of the Functional Management Review conducted
by the Secretary and program management actions planned by
the Secretary for--
(i) the Base Level System Modernization and the Sustaining
Base Information System; and
(ii) the Standard Installation/Division Personnel System-3.
(C) An assessment of the implementation of migration
systems and applications, including--
(i) identification of the systems and applications by
functional or business area, specifying target dates for
operation of the systems and applications;
(ii) identification of the legacy systems and applications
that will be terminated;
(iii) the cost of and schedules for implementing the
migration systems and applications; and
(iv) termination schedules.
(D) A certification by the Secretary that each information
system that is subject to review by the Major Automated
Information System Review Committee of the Department is
cost-effective and supports the corporate information
management goals of the Department, including the results of
the review conducted for each such system by the Committee.
Subtitle G--Other Matters
SEC. 371. CODIFICATION OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Management of Working-Capital Funds.--(1) Chapter 131
of title 10, United States Code, is amended by inserting
after section 2215 the following new section:
``Sec. 2216. Defense Business Operations Fund
``(a) Management of Working-Capital Funds and Certain
Activities.--The Secretary of Defense may manage the
performance of the working-capital funds and industrial,
commercial, and support type activities described in
subsection (b) through the fund known as the Defense Business
Operations Fund, which is established on the books of the
Treasury. Except for the funds and activities specified in
subsection (b), no other functions, activities, funds, or
accounts of the Department of Defense may be managed or
converted to management through the Fund.
``(b) Funds and Activities Included.--The funds and
activities referred to in subsection (a) are the following:
``(1) Working-capital funds established under section 2208
of this title and in existence on December 5, 1991.
``(2) Those activities that, on December 5, 1991, were
funded through the use of a working-capital fund established
under that section.
``(3) The Defense Finance and Accounting Service.
``(4) The Defense Commissary Agency.
``(5) The Defense Reutilization and Marketing Service.
``(6) The Joint Logistics Systems Center.
``(c) Separate Accounting, Reporting, and Auditing of Funds
and Activities.--(1) The Secretary of Defense shall provide
in accordance with this subsection for separate accounting,
reporting, and auditing of funds and activities managed
through the Fund.
``(2) The Secretary shall maintain the separate identity of
each fund and activity managed through the Fund that (before
the establishment of the Fund) was managed as a separate Fund
or activity.
``(3) The Secretary shall maintain separate records for
each function for which payment is made through the Fund and
which (before the establishment of the Fund) was paid
directly through appropriations, including the separate
identity of the appropriation account used to pay for the
performance of the function.
``(d) Charges for Goods and Services Provided Through the
Fund.--(1) Charges for goods and services provided through
the Fund shall include the following:
``(A) Amounts necessary to recover the full costs of the
goods and services, whenever practicable, and the costs of
the development, implementation, operation, and maintenance
of systems supporting the wholesale supply and maintenance
activities of the Department of Defense.
``(B) Amounts for depreciation of capital assets, set in
accordance with generally accepted accounting principles.
``(C) Amounts necessary to recover the full cost of the
operation of the Defense Finance Accounting Service.
``(2) Charges for goods and services provided through the
Fund may not include the following:
``(A) Amounts necessary to recover the costs of a military
construction project (as defined in section 2801(b) of this
title), other than a minor construction project financed by
the Fund pursuant to section 2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a military
installation.
``(C) Amounts necessary to recover the costs of functions
designated by the Secretary of Defense as mission critical,
such as ammunition handling safety, and amounts for ancillary
tasks not directly related to the mission of the function or
activity managed through the Fund.
``(3)(A) The Secretary of Defense may submit to a customer
a bill for the provision of goods and services through the
Fund in advance of the provision of those goods and services.
``(B) The Secretary shall submit to Congress a report on
advance billings made pursuant to subparagraph (A)--
``(i) when the aggregate amount of all such billings after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996 reaches $100,000,000;
and
``(ii) whenever the aggregate amount of all such billings
after the date of a preceding report under this subparagraph
reaches $100,000,000.
``(C) Each report under subparagraph (B) shall include, for
each such advance billing, the following:
``(i) An explanation of the reason for the advance billing.
``(ii) An analysis of the impact of the advance billing on
readiness.
``(iii) An analysis of the impact of the advance billing on
the customer so billed.
``(e) Capital Asset Subaccount.--(1) Amounts charged for
depreciation of capital assets pursuant to subsection
(d)(1)(B) shall be credited to a separate capital asset
subaccount established within the Fund.
``(2) The Secretary of Defense may award contracts for
capital assets of the Fund in advance of the availability of
funds in the subaccount.
``(f) Procedures For Accumulation of Funds.--The Secretary
of Defense shall establish billing procedures to ensure that
the balance in the Fund does not exceed the amount necessary
to provide for the working capital requirements of the Fund,
as determined by the Secretary.
``(g) Purchase From Other Sources.--The Secretary of
Defense or the Secretary of a military department may
purchase goods and services that are available for purchase
from the Fund from a source other than the Fund if the
Secretary determines that such source offers a more
competitive rate for the goods and services than the Fund
offers.
``(h) Annual Reports and Budget.--The Secretary of Defense
shall annually submit to Congress, at the same time that the
President submits the budget under section 1105 of title 31,
the following:
``(1) A detailed report that contains a statement of all
receipts and disbursements of the Fund (including such a
statement for each subaccount of the Fund) for the fiscal
year ending in the year preceding the year in which the
budget is submitted.
``(2) A detailed proposed budget for the operation of the
Fund for the fiscal year for which the budget is submitted.
``(3) A comparison of the amounts actually expended for the
operation of the Fund for the fiscal year referred to in
paragraph (1) with the amount proposed for the operation of
the Fund for that fiscal year in the President's budget.
``(4) A report on the capital asset subaccount of the Fund
that contains the following information:
``(A) The opening balance of the subaccount as of the
beginning of the fiscal year in which the report is
submitted.
``(B) The estimated amounts to be credited to the
subaccount in the fiscal year in which the report is
submitted.
``(C) The estimated amounts of outlays to be paid out of
the subaccount in the fiscal year in which the report is
submitted.
``(D) The estimated balance of the subaccount at the end of
the fiscal year in which the report is submitted.
``(E) A statement of how much of the estimated balance at
the end of the fiscal year in which the report is submitted
will be needed to pay outlays in the immediately following
fiscal year that are in excess of the amount to be credited
to the subaccount in the immediately following fiscal year.
``(i) Definitions.--In this section:
``(1) The term `capital assets' means the following capital
assets that have a development or acquisition cost of not
less than $50,000:
``(A) Minor construction projects financed by the Fund
pursuant to section 2805(c)(1) of this title.
``(B) Automatic data processing equipment, software.
``(C) Equipment other than equipment described in
subparagraph (B).
``(D) Other capital improvements.
``(2) The term `Fund' means the Defense Business Operations
Fund.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2215 the following new item:
``2216. Defense Business Operations Fund.''.
(b) Conforming Repeals.--The following provisions of law
are hereby repealed:
(1) Subsections (b), (c), (d), and (e) of section 311 of
the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 2208 note).
(2) Subsections (a) and (b) of section 333 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 10 U.S.C. 2208 note).
(3) Section 342 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2208
note).
[[Page 86]]
(4) Section 316 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2208 note).
(5) Section 8121 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 10 U.S.C. 2208
note).
SEC. 372. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE
EXCHANGED TO BENEFIT THE HISTORICAL COLLECTION
OF THE ARMED FORCES.
Section 2572(b)(1) of title 10, United States Code, is
amended by striking out ``not needed by the armed forces''
and all that follows through the end of the paragraph and
inserting in lieu thereof the following: ``not needed by the
armed forces for any of the following items or services if
such items or services directly benefit the historical
collection of the armed forces:
``(A) Similar items held by any individual, organization,
institution, agency, or nation.
``(B) Conservation supplies, equipment, facilities, or
systems.
``(C) Search, salvage, or transportation services.
``(D) Restoration, conservation, or preservation services.
``(E) Educational programs.''.
SEC. 373. FINANCIAL MANAGEMENT TRAINING.
(a) Limitation.--The Secretary of Defense may enter into a
capital lease for the establishment of a Department of
Defense financial management training center no earlier than
the date that is 30 days after the date on which the
Secretary of Defense submits to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives, in accordance with
subsection (b), a certification of the need for such a center
and a report on financial management training for Department
of Defense personnel.
(b) Certification and Report.--(1) The certification and
report referred to in subsection (a) are the following:
(A) Certification by the Secretary of the need for such a
center.
(B) A report, submitted with the certification, on
financial management training for Department of Defense
personnel.
(2) Any report under paragraph (1) shall contain the
following:
(A) The Secretary's analysis of the requirements for
providing financial management training for employees of the
Department of Defense.
(B) The alternatives considered by the Secretary for
meeting those requirements.
(C) A detailed plan for meeting those requirements.
(D) A financial analysis of the estimated short-term and
long-term costs of carrying out the plan.
(3) If, upon completing the analysis referred to in
paragraph (2)(A) and after considering alternatives as
described in paragraph (2)(B), the Secretary determines to
meet the requirements for providing financial management
training for employees of the Department of Defense through
establishment of a financial management training center, the
Secretary--
(A) shall make the determination of the location of the
center using a merit-based selection process; and
(B) shall include in the report under paragraph (1) a
description of that merit-based selection process.
SEC. 374. PERMANENT AUTHORITY FOR USE OF PROCEEDS FROM THE
SALE OF CERTAIN LOST, ABANDONED, OR UNCLAIMED
PROPERTY.
(a) Permanent Authority.--Section 2575 of title 10 is
amended--
(1) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b)(1) In the case of lost, abandoned, or unclaimed
personal property found on a military installation, the
proceeds from the sale of the property under this section
shall be credited to the operation and maintenance account of
that installation and used--
``(A) to reimburse the installation for any costs incurred
by the installation to collect, transport, store, protect, or
sell the property; and
``(B) to the extent that the amount of the proceeds exceeds
the amount necessary for reimbursing all such costs, to
support morale, welfare, and recreation activities under the
jurisdiction of the armed forces that are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the armed forces at such
installation.
``(2) The net proceeds from the sale of other property
under this section shall be covered into the Treasury as
miscellaneous receipts.''; and
(2) by adding at the end the following:
``(d)(1) The owner (or heirs, next of kin, or legal
representative of the owner) of personal property the
proceeds of which are credited to a military installation
under subsection (b)(1) may file a claim with the Secretary
of Defense for the amount equal to the proceeds (less costs
referred to in subparagraph (A) of such subsection). Amounts
to pay the claim shall be drawn from the morale, welfare, and
recreation account for the installation that received the
proceeds.
``(2) The owner (or heirs, next of kin, or legal
representative of the owner) may file a claim with the
Comptroller General of the United States for proceeds covered
into the Treasury under subsection (b)(2).
``(3) Unless a claim is filed under this subsection within
5 years after the date of the disposal of the property to
which the claim relates, the claim may not be considered by a
court, the Secretary of Defense (in the case of a claim filed
under paragraph (1)), or the Comptroller General of the
United States (in the case of a claim filed under paragraph
(2)).''.
(b) Repeal of Authority for Demonstration Program.--Section
343 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1343) is
repealed.
SEC. 375. SALE OF MILITARY CLOTHING AND SUBSISTENCE AND OTHER
SUPPLIES OF THE NAVY AND MARINE CORPS.
(a) In General.--(1) Chapter 651 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7606. Subsistence and other supplies: members of armed
forces; veterans; executive or military departments and
employees; prices
``(a)(1) The Secretary of the Navy shall procure and sell,
for cash or credit--
``(A) articles designated by the Secretary to members of
the Navy and Marine Corps; and
``(B) items of individual clothing and equipment to members
of the Navy and Marine Corps, under such restrictions as the
Secretary may prescribe.
``(2) An account of sales on credit shall be kept and the
amount due reported to the Secretary. Except for articles and
items acquired through the use of working capital funds under
section 2208 of this title, sales of articles shall be at
cost, and sales of individual clothing and equipment shall be
at average current prices, including overhead, as determined
by the Secretary.
``(b) The Secretary shall sell subsistence supplies to
members of other armed forces at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(c) The Secretary may sell serviceable supplies, other
than subsistence supplies, to members of other armed forces
for the buyers' use in the service. The prices at which the
supplies are sold shall be the same prices at which like
property is sold to members of the Navy and Marine Corps.
``(d) A person who has been discharged honorably or under
honorable conditions from the Army, Navy, Air Force or Marine
Corps and who is receiving care and medical treatment from
the Public Health Service or the Department of Veterans
Affairs may buy subsistence supplies and other supplies,
except articles of uniform, at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(e) Under such conditions as the Secretary may prescribe,
exterior articles of uniform may be sold to a person who has
been discharged honorably or under honorable conditions from
the Navy or Marine Corps, at the prices at which like
articles are sold to members of the Navy or Marine Corps.
This subsection does not modify sections 772 or 773 of this
title.
``(f) Under regulations prescribed by the Secretary,
payment for subsistence supplies shall be made in cash or by
commercial credit.
``(g)(1) The Secretary may provide for the procurement and
sale of stores designated by the Secretary to such civilian
officers and employees of the United States, and such other
persons, as the Secretary considers proper--
``(A) at military installations outside the United States;
and
``(B) subject to paragraph (2), at military installations
inside the United States where the Secretary determines that
it is impracticable for those civilian officers, employees,
and persons to obtain such stores from commercial enterprises
without impairing the efficient operation of military
activities.
``(2) Sales to civilian officers and employees inside the
United States may be made under paragraph (1) only to
civilian officers and employees residing within military
installations.
``(h) Appropriations for subsistence of the Navy or Marine
Corps may be applied to the purchase of subsistence supplies
for sale to members of the Navy and Marine Corps on active
duty for the use of such members and their families.''.
(2) The table of sections at the beginning of chapter 651
of such title is amended by adding at the end the following:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and
employees; prices.''.
(b) Conforming Amendments for Other Armed Forces.--(1)
Section 4621 of such title is amended--
(A) by striking out ``The branch, office, or officer
designated by the Secretary of the Army'' in subsection (a)
and inserting in lieu thereof ``The Secretary of the Army'';
(B) by striking out ``The branch, office, or officer
designated by the Secretary'' both places it appears in
subsections (b) and (c) and inserting in lieu thereof ``The
Secretary''; and
(C) by inserting before the period at the end of subsection
(f) the following: ``or by commercial credit''.
(2) Section 9621 of such title is amended--
(A) by striking out ``The Air Force shall'' in subsection
(b) and inserting in lieu thereof ``The Secretary shall'';
and
(B) by inserting before the period at the end of subsection
(f) the following: ``or by commercial credit''.
SEC. 376. PERSONNEL SERVICES AND LOGISTICAL SUPPORT FOR
CERTAIN ACTIVITIES HELD ON MILITARY
INSTALLATIONS.
Section 2544 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
[[Page 87]]
(2) by inserting after subsection (f) the following new
subsection:
``(g) In the case of a Boy Scout Jamboree held on a
military installation, the Secretary of Defense may provide
personnel services and logistical support at the military
installation in addition to the support authorized under
subsections (a) and (d).''.
SEC. 377. RETENTION OF MONETARY AWARDS.
(a) Monetary Awards.--Chapter 155 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2610. Competitions for excellence: acceptance of
monetary awards
``(a) Acceptance Authorized.--The Secretary of Defense may
accept a monetary award given to the Department of Defense by
a nongovernmental entity as a result of the participation of
the Department in a competition carried out to recognize
excellence or innovation in providing services or
administering programs.
``(b) Disposition of Awards.--A monetary award accepted
under subsection (a) shall be credited to one or more
nonappropriated fund accounts supporting morale, welfare, and
recreation activities for the command, installation, or other
activity that is recognized for the award. Amounts so
credited may be expended only for such activities.
``(c) Incidental Expenses.--Subject to such limitations as
may be provided in appropriation Acts, appropriations
available to the Department of Defense may be used to pay
incidental expenses incurred by the Department to participate
in a competition described in subsection (a) or to accept a
monetary award under this section.
``(d) Regulations and Reporting.--(1) The Secretary shall
prescribe regulations to determine the disposition of
monetary awards accepted under this section and the payment
of incidental expenses under subsection (c).
``(2) At the end of each year, the Secretary shall submit
to Congress a report for that year describing the disposition
of monetary awards accepted under this section and the
payment of incidental expenses under subsection (c).
``(e) Termination.--The authority of the Secretary under
this section shall expire two years after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1996.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2610. Competitions for excellence: acceptance of monetary awards.''.
SEC. 378. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN
EMERGENCY RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Emergencies Involving Chemical and Biological
Agents.--(1) In addition to equipment and facilities
described in subsection (a), the Secretary may provide an
item referred to in paragraph (2) to a Federal, State, or
local law enforcement or emergency response agency to prepare
for or respond to an emergency involving chemical or
biological agents if the Secretary determines that the item
is not reasonably available from another source.
``(2) An item referred to in paragraph (1) is any material
or expertise of the Department of Defense appropriate for use
in preparing for or responding to an emergency involving
chemical or biological agents, including the following:
``(A) Training facilities.
``(B) Sensors.
``(C) Protective clothing.
``(D) Antidotes.''.
SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL
DEFENSE PREPAREDNESS TO RESPOND TO EMERGENCIES
RESULTING FROM A CHEMICAL, BIOLOGICAL,
RADIOLOGICAL, OR NUCLEAR ATTACK.
(a) Report.--(1) Not later than March 1, 1996, the
Secretary of Defense and the Secretary of Energy shall submit
to Congress a joint report on the military and civil defense
plans and programs of the Department of Defense to prepare
for and respond to the effects of an emergency in the United
States resulting from a chemical, biological, radiological,
or nuclear attack on the United States (hereinafter in this
section referred to as an ``attack-related civil defense
emergency'').
(2) The report shall be prepared in consultation with the
Director of the Federal Emergency Management Agency.
(b) Content of Report.--The report shall include the
following:
(1) A discussion of the military and civil defense plans
and programs of the Department of Defense for preparing for
and responding to an attack-related civil defense emergency
arising from an attack of a type for which the Department of
Defense has a primary responsibility to respond.
(2) A discussion of the military and civil defense plans
and programs of the Department of Defense for preparing for
and providing a response to an attack-related civil defense
emergency arising from an attack of a type for which the
Department of Defense has responsibility to provide a
supporting response.
(3) A description of any actions, and any recommended
legislation, that the Secretaries consider necessary for
improving the preparedness of the Department of Defense to
respond effectively to an attack-related civil defense
emergency.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1996.--The Armed Forces are authorized
strengths for active duty personnel as of September 30, 1996,
as follows:
(1) The Army, 495,000, of which not more than 81,300 may be
commissioned officers.
(2) The Navy, 428,340, of which not more than 58,870 may be
commissioned officers.
(3) The Marine Corps, 174,000, of which not more than
17,978 may be commissioned officers.
(4) The Air Force, 388,200, of which not more than 75,928
may be commissioned officers.
(b) Floor on End Strengths.--(1) Chapter 39 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 691. Permanent end strength levels to support two
major regional contingencies
``(a) The end strengths specified in subsection (b) are the
minimum strengths necessary to enable the armed forces to
fulfill a national defense strategy calling for the United
States to be able to successfully conduct two nearly
simultaneous major regional contingencies.
``(b) Unless otherwise provided by law, the number of
members of the armed forces (other than the Coast Guard) on
active duty at the end of any fiscal year shall be not less
than the following:
``(1) For the Army, 495,000.
``(2) For the Navy, 395,000.
``(3) For the Marine Corps, 174,000.
``(4) For the Air Force, 381,000.
``(c) No funds appropriated to the Department of Defense
may be used to implement a reduction of the active duty end
strength for any of the armed forces for any fiscal year
below the level specified in subsection (b) unless the
Secretary of Defense submits to Congress notice of the
proposed lower end strength levels and a justification for
those levels. No action may then be taken to implement such a
reduction for that fiscal year until the end of the six-month
period beginning on the date of the receipt of such notice by
Congress.
``(d) For a fiscal year for which the active duty end
strength authorized by law pursuant to section 115(a)(1)(A)
of this title for any of the armed forces is identical to the
number applicable to that armed force under subsection (b),
the Secretary of Defense may reduce that number by not more
than 0.5 percent.
``(e) The number of members of the armed forces on active
duty shall be counted for purposes of this section in the
same manner as applies under section 115(a)(1) of this
title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``691. Permanent end strength levels to support two major regional
contingencies.''.
(c) Active Component End Strength Flexibility.--Section
115(c)(1) of title 10, United States Code, is amended by
striking out ``0.5 percent'' and inserting in lieu thereof
``1 percent''.
SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED END
STRENGTH LIMITATIONS FOR ACTIVE DUTY AIR FORCE
AND NAVY OFFICERS IN CERTAIN GRADES.
(a) Air Force Officers.--In the administration of the
limitation under section 523(a)(1) of title 10, United States
Code, for fiscal years 1996 and 1997, the numbers applicable
to officers of the Air Force serving on active duty in the
grades of major, lieutenant colonel, and colonel shall be the
numbers set forth for that fiscal year in the following table
(rather than the numbers determined in accordance with the
table in that section):
------------------------------------------------------------------------
Number of officers who may be
serving on active duty in the
grade of:
Fiscal year: ---------------------------------
Lieutenant
Major colonel Colonel
------------------------------------------------------------------------
1996.................................. 15,566 9,876 3,609
1997.................................. 15,645 9,913 3,627
------------------------------------------------------------------------
(b) Navy Officers.--In the administration of the limitation
under section 523(a)(2) of title 10, United States Code, for
fiscal years 1996 and 1997, the numbers applicable to
officers of the Navy serving on active duty in the grades of
lieutenant commander, commander, and captain shall be the
numbers set forth for that fiscal year in the following table
(rather than the numbers determined in accordance with the
table in that section):
------------------------------------------------------------------------
Number of officers who may be
serving on active duty in the
grade of:
Fiscal year: ---------------------------------
Lieutenant
commander Commander Captain
------------------------------------------------------------------------
1996.................................. 11,924 7,390 3,234
1997.................................. 11,732 7,297 3,188
------------------------------------------------------------------------
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAITING
RETIREMENT NOT TO BE COUNTED.
(a) Distribution of Officers on Active Duty in General and
Flag Officer Grades.--Section 525 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(d) An officer continuing to hold the grade of general or
admiral under section
[[Page 88]]
601(b)(4) of this title after relief from the position of
Chairman of the Joint Chiefs of Staff, Chief of Staff of the
Army, Chief of Naval Operations, Chief of Staff of the Air
Force, or Commandant of the Marine Corps shall not be counted
for purposes of this section.''.
(b) Number of Officers on Active Duty in Grade of General
or Admiral.--Section 528(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) An officer continuing to hold the grade of general or
admiral under section 601(b)(4) of this title after relief
from the position of Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, or Commandant of the Marine Corps
shall not be counted for purposes of this section.''.
(c) Clarification.--Section 601(b) of such title is
amended--
(1) in the matter preceding paragraph (1), by striking out
``of importance and responsibility designated'' and inserting
in lieu thereof ``designated under subsection (a) or by
law'';
(2) in paragraph (1), by striking out ``of importance and
responsibility'';
(3) in paragraph (2), by striking out ``designating'' and
inserting in lieu thereof ``designated under subsection (a)
or by law''; and
(4) in paragraph (4), by inserting ``under subsection (a)
or by law'' after ``designated''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1996.--The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1996, as follows:
(1) The Army National Guard of the United States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
(5) The Air National Guard of the United States, 112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary
the end strength authorized by subsection (a) by not more
than 2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1996, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,066.
(6) The Air Force Reserve, 628.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PERSONNEL
ASSIGNED IN SUPPORT OF RESERVE COMPONENT
TRAINING.
Section 414(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
12001 note) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may count toward the number
of active component personnel required under paragraph (1) to
be assigned to serve as advisers under the program under this
section any active component personnel who are assigned to an
active component unit (A) that was established principally
for the purpose of providing dedicated training support to
reserve component units, and (B) the primary mission of which
is to provide such dedicated training support.''.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO SERVE ON ACTIVE DUTY IN SUPPORT
OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 643 140
Lieutenant Colonel or Commander..... 1,524 520 672 90
Colonel or Navy Captain............. 412 188 274 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 603 202 366 20
E-8................................. 2,585 429 890 94''.
------------------------------------------------------------------------
SEC. 415. RESERVES ON ACTIVE DUTY IN SUPPORT OF COOPERATIVE
THREAT REDUCTION PROGRAMS NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following:
``(8) Members of the Selected Reserve of the Ready Reserve
on active duty for more that 180 days to support programs
described in section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 22
U.S.C. 5952(b)).''.
SEC. 416. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-MILITARY
CONTACTS AND COMPARABLE ACTIVITIES NOT TO BE
COUNTED.
Section 168 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Active Duty End Strengths.--(1) A member of a reserve
component referred to in paragraph (2) shall not be counted
for purposes of the following personnel strength limitations:
``(A) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal
year in which the member carries out the activities referred
to in paragraph (2).
``(B) The authorized daily average for members in pay
grades E-8 and E-9 under section 517 of this title for the
calendar year in which the member carries out such
activities.
``(C) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which
the member carries out such activities.
``(2) A member of a reserve component referred to in
paragraph (1) is any member on active duty under an order to
active duty for 180 days or more who is engaged in activities
authorized under this section.''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1996, the components of
the Armed Forces are authorized average military training
loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Scope.--The average military training student loads
authorized for an armed force under subsection (a) apply to
the active and reserve components of that armed force.
(c) Adjustments.--The average military training student
loads authorized in subsection (a) shall be adjusted
consistent with the end strengths authorized in subtitles A
and B. The Secretary of Defense shall prescribe the manner in
which such adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1996 a total of $69,191,008,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1996.
SEC. 432. AUTHORIZATION FOR INCREASE IN ACTIVE-DUTY END
STRENGTHS.
(a) Authorization.--There is hereby authorized to be
appropriated to the Department of Defense for fiscal year
1996 for military personnel the sum of $112,000,000. Any
amount appropriated pursuant to this section shall be
allocated, in such manner as the Secretary of Defense
prescribes, among appropriations for active-component
military personnel for that fiscal year and shall be
available only to increase the number of members of the Armed
Forces on active duty during that fiscal year (compared to
the number of members that would be on active duty but for
such appropriation).
(b) Effect on End Strengths.--The end-strength
authorizations in section 401 shall each be deemed to be
increased by such number as necessary to take account of
additional members of the Armed Forces authorized by the
Secretary of Defense pursuant to subsection (a).
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) Critical Joint Duty Assignment Positions.--Section
661(d)(2)(A) of title 10, United States Code, is amended by
striking out ``1,000'' and inserting in lieu thereof ``800''.
(b) Additional Qualifying Joint Service.--Section 664 of
such title is amended by adding at the end the following:
``(i) Joint Duty Credit for Certain Joint Task Force
Assignments.--(1) In the case of an officer who completes
service in a qualifying temporary joint task force
assignment, the Secretary of Defense, with the advice of
[[Page 89]]
the Chairman of the Joint Chiefs of Staff, may (subject to
the criteria prescribed under paragraph (4)) grant the
officer--
``(A) credit for having completed a full tour of duty in a
joint duty assignment; or
``(B) credit countable for determining cumulative service
in joint duty assignments.
``(2)(A) For purposes of paragraph (1), a qualifying
temporary joint task force assignment of an officer is a
temporary assignment, any part of which is performed by the
officer on or after the date of the enactment of this
subsection--
``(i) to the headquarters staff of a United States joint
task force that is part of a unified command or the United
States element of the headquarters staff of a multinational
force; and
``(ii) with respect to which the Secretary of Defense
determines that service of the officer in that assignment is
equivalent to that which would be gained by the officer in a
joint duty assignment.
``(B) An officer may not be granted credit under this
subsection unless the officer is recommended for such credit
by the Chairman of the Joint Chiefs of Staff.
``(3) Credit under paragraph (1) (including a determination
under paragraph (2)(A)(ii) and a recommendation under
paragraph (2)(B) with respect to such credit) may be granted
only on a case-by-case basis in the case of an individual
officer.
``(4) The Secretary of Defense shall prescribe by
regulation criteria for determining whether an officer may be
granted credit under paragraph (1) with respect to service in
a qualifying temporary joint task force assignment. The
criteria shall apply uniformly among the armed forces and
shall include the following requirements:
``(A) For an officer to be credited as having completed a
full tour of duty in a joint duty assignment, the length of
the officer's service in the qualifying temporary joint task
force assignment must meet the requirements of subsection (a)
or (c).
``(B) For an officer to be credited with service for
purposes of determining cumulative service in joint duty
assignments, the officer must serve at least 90 consecutive
days in the qualifying temporary joint task force assignment.
``(C) The service must be performed in support of a mission
that is directed by the President or that is assigned by the
President to United States forces in the joint task force
involved.
``(D) The joint task force must be constituted or
designated by the Secretary of Defense or by the commander of
a combatant command or of another force.
``(E) The joint task force must conduct combat or combat-
related operations in a unified action under joint or
multinational command and control.
``(5) Officers for whom joint duty credit is granted
pursuant to this subsection may not be taken into account for
the purposes of any of the following provisions of this
title: section 661(d)(1), section 662(a)(3), section 662(b),
subsection (a) of this section, and paragraphs (7), (8), (9),
(11), and (12) of section 667.
``(6) In the case of an officer credited with having
completed a full tour of duty in a joint duty assignment
pursuant to this subsection, the Secretary of Defense may
waive the requirement in paragraph (1)(B) of section 661(c)
of this title that the tour of duty in a joint duty
assignment be performed after the officer completes a program
of education referred to in paragraph (1)(A) of that section.
The provisions of subparagraphs (C) and (D) of section
661(c)(3) of this title shall apply to such a waiver in the
same manner as to a waiver under subparagraph (A) of that
section.''.
(c) Information in Annual Report.--Section 667 of such
title is amended by striking out paragraph (16) and inserting
after paragraph (15) the following new paragraph (16):
``(16) The number of officers granted credit for service in
joint duty assignments under section 664(i) of this title
and--
``(A) of those officers--
``(i) the number of officers credited with having completed
a tour of duty in a joint duty assignment; and
``(ii) the number of officers granted credit for purposes
of determining cumulative service in joint duty assignments;
and
``(B) the identity of each operation for which an officer
has been granted credit pursuant to section 664(i) of this
title and a brief description of the mission of the
operation.''.
(d) Applicability of Limitation on Waiver Authority.--
Section 661(c)(3) of such title is amended--
(1) in the third sentence of subparagraph (D), by striking
out ``The total number'' and inserting in lieu thereof ``In
the case of officers in grades below brigadier general and
rear admiral (lower half), the total number''; and
(2) by adding at the end the following new subparagraph:
``(E) There may not be more than 32 general and flag
officers on active duty at the same time who were selected
for the joint specialty while holding a general or flag
officer grade and for whom a waiver was granted under this
subparagraph.''.
(e) Length of Second Joint Tour.--Section 664 of such title
is amended--
(1) in subsection (e)(2), by inserting after subparagraph
(B) the following:
``(C) Service described in subsection (f)(6), except that
no more than 10 percent of all joint duty assignments shown
on the list published pursuant to section 668(b)(2)(A) of
this title may be so excluded in any year.''; and
(2) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking out
``completion of--'' and inserting in lieu thereof
``completion of any of the following:'';
(B) by striking out ``a'' at the beginning of paragraphs
(1), (2), (4), and (5) and inserting in lieu thereof ``A'';
(C) by striking out ``cumulative'' in paragraph (3) and
inserting in lieu thereof ``Cumulative'';
(D) by striking out the semicolon at the end of paragraphs
(1), (2), and (3) and ``; or'' at the end of paragraph (4)
and inserting in lieu thereof a period; and
(E) by adding at the end the following:
``(6) A second joint duty assignment that is less than the
period required under subsection (a), but not less than two
years, without regard to whether a waiver was granted for
such assignment under subsection (b).''.
(f) Technical Amendment.--Section 664(e)(1) of such title
is amended by striking out ``(after fiscal year 1990)''.
SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR
GENERAL AND REAR ADMIRAL.
(a) Applicability of Time-in-Grade Requirements.--Section
1370 of title 10, United States Code, is amended--
(1) in subsection (a)(2)(A), by striking out ``and below
lieutenant general or vice admiral''; and
(2) in the first sentence of subsection (d)(2)(B), as added
effective October 1, 1996, by section 1641 of the Reserve
Officer Personnel Management Act (title XVI of Public Law
103-337; 108 Stat. 2968), by striking out ``and below
lieutenant general or vice admiral''.
(b) Retirement in Highest Grade Upon Certification of
Satisfactory Service.--Subsection (c) of such section is
amended to read as follows:
``(c) Officers in O-9 and O-10 Grades.--(1) An officer who
is serving in or has served in the grade of general or
admiral or lieutenant general or vice admiral may be retired
in that grade under subsection (a) only after the Secretary
of Defense certifies in writing to the President and Congress
that the officer served on active duty satisfactorily in that
grade.
``(2) In the case of an officer covered by paragraph (1),
the three-year service-in-grade requirement in paragraph
(2)(A) of subsection (a) may not be reduced or waived under
that subsection--
``(A) while the officer is under investigation for alleged
misconduct; or
``(B) while there is pending the disposition of an adverse
personnel action against the officer for alleged
misconduct.''.
(c) Repeal of Superseded Provisions.--Sections 3962(a),
5034, 5043(c), and 8962(a) of such title are repealed.
(d) Technical and Clerical Amendments.--(1) Sections
3962(b) and 8962(b) of such title are amended by striking out
``(b) Upon'' and inserting in lieu thereof ``Upon''.
(2) The table of sections at the beginning of chapter 505
of such title is amended by striking out the item relating to
section 5034.
(e) Effective Date for Amendment to Provision Taking Effect
in 1996.--The amendment made by subsection (a)(2) shall take
effect on October 1, 1996, immediately after subsection (d)
of section 1370 of title 10, United States Code, takes effect
under section 1691(b)(1) of the Reserve Officer Personnel
Management Act (108 Stat. 3026).
(f) Preservation of Applicability of Limitation.--Section
1370(a)(2)(C) of title 10, United States Code, is amended by
striking out ``The number of officers in an armed force in a
grade'' and inserting in lieu thereof ``In the case of a
grade below the grade of lieutenant general or vice admiral,
the number of members of one of the armed forces in that
grade''.
(g) Stylistic Amendments.--Section 1370 of title 10, United
States Code, is further amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) Rule for Retirement in
Highest Grade Held Satisfactorily.--(1)'';
(2) in subsection (b), by inserting ``Retirement in Next
Lower Grade.--'' after ``(b)''; and
(3) in subsection (d), as added effective October 1, 1996,
by section 1641 of the Reserve Officer Personnel Management
Act (title XVI of Public Law 103-337; 108 Stat. 2968), by
striking out ``(d)(1)'' and inserting in lieu thereof ``(d)
Reserve Officers.--(1)''.
SEC. 503. WEARING OF INSIGNIA FOR HIGHER GRADE BEFORE
PROMOTION.
(a) Authority and Limitations.--(1) Chapter 45 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 777. Wearing of insignia of higher grade before
promotion (frocking): authority; restrictions
``(a) Authority.--An officer who has been selected for
promotion to the next higher grade may be authorized, under
regulations and policies of the Department of Defense and
subject to subsection (b), to wear the insignia for that next
higher grade. An officer who is so authorized to wear the
insignia of the next higher grade is said to be `frocked' to
that grade.
``(b) Restrictions.--An officer may not be authorized to
wear the insignia for a grade as described in subsection (a)
unless--
``(1) the Senate has given its advice and consent to the
appointment of the officer to that grade; and
[[Page 90]]
``(2) the officer is serving in, or has received orders to
serve in, a position for which that grade is authorized.
``(c) Benefits Not To Be Construed as Accruing.--(1)
Authority provided to an officer as described in subsection
(a) to wear the insignia of the next higher grade may not be
construed as conferring authority for that officer to--
``(A) be paid the rate of pay provided for an officer in
that grade having the same number of years of service as that
officer; or
``(B) assume any legal authority associated with that
grade.
``(2) The period for which an officer wears the insignia of
the next higher grade under such authority may not be taken
into account for any of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of colonels and Navy captains
on the active-duty list who are authorized as described in
subsection (a) to wear the insignia for the grade of
brigadier general or rear admiral (lower half), as the case
may be, may not exceed the following:
``(A) During fiscal years 1996 and 1997, 75.
``(B) During fiscal year 1998, 55.
``(C) After fiscal year 1998, 35.
``(2) The number of officers of an armed force on the
active-duty list who are authorized as described in
subsection (a) to wear the insignia for a grade to which a
limitation on total number applies under section 523(a) of
this title for a fiscal year may not exceed 1 percent of the
total number provided for the officers in that grade in that
armed force in the administration of the limitation under
that section for that fiscal year.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``777. Wearing of insignia of higher grade before promotion (frocking):
authority; restrictions.''.
(b) Temporary Variation of Limitations on Numbers of
Frocked Officers.--In the administration of section 777(d)(2)
of title 10, United States Code (as added by subsection (a)),
the percent limitation applied under that section for fiscal
year 1996 shall be 2 percent (instead of 1 percent).
(c) Report.--Not later than September 1, 1996, the
Secretary of Defense shall submit to Congress a report
providing the assessment of the Secretary on the practice,
known as ``frocking'', of authorizing an officer who has been
selected for promotion to the next higher grade to wear the
insignia for that next higher grade. The report shall include
the Secretary's assessment of the appropriate number, if any,
of colonels and Navy captains to be eligible under section
777(d)(1) of title 10, United States Code (as added by
subsection (a)), to wear the insignia for the grade of
brigadier general or rear admiral (lower half).
SEC. 504. AUTHORITY TO EXTEND TRANSITION PERIOD FOR OFFICERS
SELECTED FOR EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(e) The Secretary concerned may defer for not more than
90 days the retirement of an officer otherwise approved for
early retirement under this section in order to prevent a
personal hardship to the officer or for other humanitarian
reasons. Any such deferral shall be made on a case-by-case
basis considering the circumstances of the case of the
particular officer concerned. The authority of the Secretary
to grant such a deferral may not be delegated.''.
(b) Selective Early Retirement of Active-Duty Officers.--
Section 638(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary concerned may defer for not more than
90 days the retirement of an officer otherwise approved for
early retirement under this section or section 638a of this
title in order to prevent a personal hardship to the officer
or for other humanitarian reasons. Any such deferral shall be
made on a case-by-case basis considering the circumstances of
the case of the particular officer concerned. The authority
of the Secretary to grant such a deferral may not be
delegated.''.
SEC. 505. ARMY OFFICER MANNING LEVELS.
(a) In General.--(1) Chapter 331 of title 10, United States
Code, is amended by inserting after the table of sections the
following new section:
``Sec. 3201. Officers on active duty: minimum strength based
on requirements
``(a) The Secretary of the Army shall ensure that
(beginning with fiscal year 1999) the strength at the end of
each fiscal year of officers on active duty is sufficient to
enable the Army to meet at least that percentage of the
programmed manpower structure for officers for the active
component of the Army that is provided for in the most recent
Defense Planning Guidance issued by the Secretary of Defense.
``(b) The number of officers on active duty shall be
counted for purposes of this section in the same manner as
applies under section 115(a)(1) of this title.
``(c) In this section:
``(1) The term `programmed manpower structure' means the
aggregation of billets describing the full manpower
requirements for units and organizations in the programmed
force structure.
``(2) The term `programmed force structure' means the set
of units and organizations that exist in the current year and
that is planned to exist in each future year under the then-
current Future-Years Defense Program.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after ``Sec.'' the following new
item:
``3201. Officers on active duty: minimum strength based on
requirements.''.
(b) Assistance in Accomplishing Requirement.--The Secretary
of Defense shall provide to the Army sufficient personnel and
financial resources to enable the Army to meet the
requirement specified in section 3201 of title 10, United
States Code, as added by subsection (a).
SEC. 506. AUTHORITY FOR MEDICAL DEPARTMENT OFFICERS OTHER
THAN PHYSICIANS TO BE APPOINTED AS SURGEON
GENERAL.
(a) Surgeon General of the Army.--The third sentence of
section 3036(b) of title 10, United States Code, is amended
by inserting after ``The Surgeon General'' the following:
``may be appointed from officers in any corps of the Army
Medical Department and''.
(b) Surgeon General of the Navy.--Section 5137 of such
title is amended--
(1) in the first sentence of subsection (a), by striking
out ``in the Medical Corps'' and inserting in lieu thereof
``in any corps of the Navy Medical Department''; and
(2) in subsection (b), by striking out ``in the Medical
Corps'' and inserting in lieu thereof ``who is qualified to
be the Chief of the Bureau of Medicine and Surgery''.
(c) Surgeon General of the Air Force.--The first sentence
of section 8036 of such title is amended by striking out
``designated as medical officers under section 8067(a) of
this title'' and inserting in lieu thereof ``in the Air Force
medical department''.
SEC. 507. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR FORCE.
(a) Tenure and Grade of Deputy Judge Advocate General.--
Section 8037(d)(1) of such title is amended--
(1) in the second sentence, by striking out ``two years''
and inserting in lieu thereof ``four years''; and
(2) by striking out the last sentence and inserting in lieu
thereof the following: ``An officer appointed as Deputy Judge
Advocate General who holds a lower regular grade shall be
appointed in the regular grade of major general.''.
(b) Effective Date.--The amendments made by subsection (a)
apply to any appointment to the position of Deputy Judge
Advocate General of the Air Force that is made after the date
of the enactment of this Act.
SEC. 508. AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Extension of Authority.--Subsection (f) of section 5721
of title 10, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Limitation.--Such section is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Limitation on Number of Eligible Positions.--(1) An
appointment under this section may only be made for service
in a position designated by the Secretary of the Navy for
purposes of this section. The number of positions so
designated may not exceed 325.
``(2) Whenever the Secretary makes a change to the
positions designated under paragraph (1), the Secretary shall
submit notice of the change in writing to Congress.''.
(c) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit to Congress a report providing the
Secretary's assessment of that continuing need for the
promotion authority under section 5721 of title 10, United
States Code. The Secretary shall include in the report the
following:
(1) The nature and grade structure of the positions for
which such authority has been used.
(2) The cause or causes of the reported chronic shortages
of qualified personnel in the required grade to fill the
positions specified under paragraph (1).
(3) The reasons for the perceived inadequacy of the officer
promotion system (including ``below-the-zone'' selections) to
provide sufficient officers in the required grade to fill
those positions.
(4) The extent to which a bonus program or some other
program would be a more appropriate means of resolving the
reported chronic shortages in engineering positions.
(d) Clerical Amendments.--Section 5721 of title 10, United
States Code, is amended as follows:
(1) Subsection (a) is amended by inserting ``Promotion
Authority for Certain Officer With Critical Skills.--'' after
``(a)''.
(2) Subsection (b) is amended by inserting ``Status of
Officers Appointed.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Board
Recommendation Required.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting ``Acceptance and
Effective Date of Appointment.--'' after ``(d)''.
(5) Subsection (e) is amended by inserting ``Termination of
Appointment.--'' after ``(e)''.
(6) Subsection (g), as redesignated by subsection (b)(1),
is amended by inserting ``Termination of Appointment
Authority.--'' after ``(g)''.
[[Page 91]]
(e) Effective Date.--Subsection (f) of section 5721 of
title 10, United States Code, as added by subsection (b)(2),
shall take effect at the end of the 30-day period beginning
on the date of the enactment of this Act and shall apply to
any appointment under that section after the end of such
period.
SEC. 509. RETIREMENT FOR YEARS OF SERVICE OF DIRECTORS OF
ADMISSIONS OF MILITARY AND AIR FORCE ACADEMIES.
(a) Military Academy.--(1) Section 3920 of title 10, United
States Code, is amended to read as follows:
``Sec. 3920. More than thirty years: permanent professors and
the Director of Admissions of the United States Military
Academy
``(a) The Secretary of the Army may retire an officer
specified in subsection (b) who has more than 30 years of
service as a commissioned officer.
``(b) Subsection (a) applies in the case of the following
officers:
``(1) Any permanent professor of the United States Military
Academy.
``(2) The Director of Admissions of the United States
Military Academy.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 367 of such title is
amended to read as follows:
``3920. More than thirty years: permanent professors and the Director
of Admissions of the United States Military Academy.''.
(b) Air Force Academy.--(1) Section 8920 of title 10,
United States Code, is amended to read as follows:
``Sec. 8920. More than thirty years: permanent professors and
the Director of Admissions of the United States Air Force
Academy
``(a) The Secretary of the Air Force may retire an officer
specified in subsection (b) who has more than 30 years of
service as a commissioned officer.
``(b) Subsection (a) applies in the case of the following
officers:
``(1) Any permanent professor of the United States Air
Force Academy.
``(2) The Director of Admissions of the United States Air
Force Academy.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 867 of such title is
amended to read as follows:
``8920. More than thirty years: permanent professors and the Director
of Admissions of the United States Air Force Academy.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT
AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve
Medical Officers.--Sections 3359(b) and 8359(b) of title 10,
United States Code, are each amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Promotion Authority for Certain Reserve Officers
Serving on Active Duty.--Sections 3380(d) and 8380(d) of
title 10, United States Code, are each amended by striking
out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(c) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense
Authorization Act, 1984 (10 U.S.C. 3360) is amended by
striking out ``September 30, 1995'' and inserting in lieu
thereof ``September 30, 1996''.
SEC. 512. MOBILIZATION INCOME INSURANCE PROGRAM FOR MEMBERS
OF READY RESERVE.
(a) Establishment of Program.--(1) Subtitle E of title 10,
United States Code, is amended by inserting after chapter
1213 the following new chapter:
``CHAPTER 1214--READY RESERVE MOBILIZATION INCOME INSURANCE
``Sec.
``12521. Definitions.
``12522. Establishment of insurance program.
``12523. Risk insured.
``12524. Enrollment and election of benefits.
``12525. Benefit amounts.
``12526. Premiums.
``12527. Payment of premiums.
``12528. Reserve Mobilization Income Insurance Fund.
``12529. Board of Actuaries.
``12530. Payment of benefits.
``12531. Purchase of insurance.
``12532. Termination for nonpayment of premiums; forfeiture.
``Sec. 12521. Definitions
``In this chapter:
``(1) The term `insurance program' means the Ready Reserve
Mobilization Income Insurance Program established under
section 12522 of this title.
``(2) The term `covered service' means active duty
performed by a member of a reserve component under an order
to active duty for a period of more than 30 days which
specifies that the member's service--
``(A) is in support of an operational mission for which
members of the reserve components have been ordered to active
duty without their consent; or
``(B) is in support of forces activated during a period of
war declared by Congress or a period of national emergency
declared by the President or Congress.
``(3) The term `insured member' means a member of the Ready
Reserve who is enrolled for coverage under the insurance
program in accordance with section 12524 of this title.
``(4) The term `Secretary' means the Secretary of Defense.
``(5) The term `Department' means the Department of
Defense.
``(6) The term `Board of Actuaries' means the Department of
Defense Education Benefits Board of Actuaries referred to in
section 2006(e)(1) of this title.
``(7) The term `Fund' means the Reserve Mobilization Income
Insurance Fund established by section 12528(a) of this title.
``Sec. 12522. Establishment of insurance program
``(a) Establishment.--The Secretary shall establish for
members of the Ready Reserve (including the Coast Guard
Reserve) an insurance program to be known as the `Ready
Reserve Mobilization Income Insurance Program'.
``(b) Administration.--The insurance program shall be
administered by the Secretary. The Secretary may prescribe in
regulations such rules, procedures, and policies as the
Secretary considers necessary or appropriate to carry out the
insurance program.
``(c) Agreement With Secretary of Transportation.--The
Secretary and the Secretary of Transportation shall enter
into an agreement with respect to the administration of the
insurance program for the Coast Guard Reserve.
``Sec. 12523. Risk insured
``(a) In General.--The insurance program shall insure
members of the Ready Reserve against the risk of being
ordered into covered service.
``(b) Entitlement to Benefits.--(1) An insured member
ordered into covered service shall be entitled to payment of
a benefit for each month (and fraction thereof) of covered
service that exceeds 30 days of covered service, except that
no member may be paid under the insurance program for more
than 12 months of covered service served during any period of
18 consecutive months.
``(2) Payment shall be based solely on the insured status
of a member and on the period of covered service served by
the member. Proof of loss of income or of expenses incurred
as a result of covered service may not be required.
``Sec. 12524. Enrollment and election of benefits
``(a) Enrollment.--(1) Except as provided in subsection
(f), upon first becoming a member of the Ready Reserve, a
member shall be automatically enrolled for coverage under the
insurance program. An automatic enrollment of a member shall
be void if within 60 days after first becoming a member of
the Ready Reserve the member declines insurance under the
program in accordance with the regulations prescribed by the
Secretary.
``(2) Promptly after the insurance program is established,
the Secretary shall offer to members of the reserve
components who are then members of the Ready Reserve (other
than members ineligible under subsection (f)) an opportunity
to enroll for coverage under the insurance program. A member
who fails to enroll within 60 days after being offered the
opportunity shall be considered as having declined to be
insured under the program.
``(3) A member of the Ready Reserve ineligible to enroll
under subsection (f) shall be afforded an opportunity to
enroll upon being released from active duty in accordance
with regulations prescribed by the Secretary if the member
has not previously had the opportunity to be enrolled under
paragraph (1) or (2). A member who fails to enroll within 60
days after being afforded that opportunity shall be
considered as having declined to be insured under the
program.
``(b) Election of Benefit Amount.--The amount of a member's
monthly benefit under an enrollment shall be the basic
benefit under subsection (a) of section 12525 of this title
unless the member elects a different benefit under subsection
(b) of such section within 60 days after first becoming a
member of the Ready Reserve or within 60 days after being
offered the opportunity to enroll, as the case may be.
``(c) Elections Irrevocable.--(1) An election to decline
insurance pursuant to paragraph (1) or (2) of subsection (a)
is irrevocable.
``(2) The amount of coverage may not be increased after
enrollment.
``(d) Election To Terminate.--A member may terminate an
enrollment at any time.
``(e) Information To Be Furnished.--The Secretary shall
ensure that members referred to in subsection (a) are given a
written explanation of the insurance program and are advised
that they have the right to decline to be insured and, if not
declined, to elect coverage for a reduced benefit or an
enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready
Reserve serving on active duty (or full-time National Guard
duty) are not eligible to enroll for coverage under the
insurance program. The Secretary may define any additional
category of members of the Ready Reserve to be excluded from
eligibility to purchase insurance under this chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured
member under the insurance program is $1,000 per month (as
adjusted under subsection (d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage
under the insurance program may elect--
``(1) a reduced coverage benefit equal to one-half the
amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500, $2,000,
$2,500, $3,000, $3,500, $4,000, $4,500, or $5,000 per month
(as adjusted under subsection (d)).
[[Page 92]]
``(c) Amount for Partial Month.--The amount of insurance
payable to an insured member for any period of covered
service that is less than one month shall be determined by
multiplying \1/30\ of the monthly benefit rate for the member
by the number of days of the covered service served by the
member during such period.
``(d) Adjustment of Amounts.--(1) The Secretary shall
determine annually the effect of inflation on benefits and
shall adjust the amounts set forth in subsections (a) and
(b)(2) to maintain the constant dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under
paragraph (1) is not evenly divisible by $10, the amount
shall be rounded to the nearest multiple of $10, except that
an amount evenly divisible by $5 but not by $10 shall be
rounded to the next lower amount that is evenly divisible by
$10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in
consultation with the Board of Actuaries, shall prescribe the
premium rates for insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate
for each $1,000 of monthly insurance benefit. The premium
amount shall be equal to the share of the cost attributable
to insuring the member and shall be the same for all members
of the Ready Reserve who are insured under the insurance
program for the same benefit amount. The Secretary shall
prescribe the rate on the basis of the best available
estimate of risk and financial exposure, levels of
subscription by members, and other relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the
first year of insurance coverage of an insured member shall
be continued without change for subsequent years of insurance
coverage, except that the Secretary, after consultation with
the Board of Actuaries, may adjust the premium rate in order
to fund inflation-adjusted benefit increases on an
actuarially sound basis.
``Sec. 12527. Payment of premiums
``(a) Methods of Payment.--(1) The monthly premium for
coverage of a member under the insurance program shall be
deducted and withheld from the insured member's pay for each
month.
``(2) An insured member who does not receive pay on a
monthly basis shall pay the Secretary directly the premium
amount applicable for the level of benefits for which the
member is insured.
``(b) Advance Pay for Premium.--The Secretary concerned may
advance to an insured member the amount equal to the first
insurance premium payment due under this chapter. The advance
may be paid out of appropriations for military pay. An
advance to a member shall be collected from the member either
by deducting and withholding the amount from basic pay
payable for the member or by collecting it from the member
directly. No disbursing or certifying officer shall be
responsible for any loss resulting from an advance under this
subsection.
``(c) Premiums To Be Deposited in Fund.--Premium amounts
deducted and withheld from the pay of insured members and
premium amounts paid directly to the Secretary shall be
credited monthly to the Fund.
``Sec. 12528. Reserve Mobilization Income Insurance Fund
``(a) Establishment.--There is established on the books of
the Treasury a fund to be known as the `Reserve Mobilization
Income Insurance Fund', which shall be administered by the
Secretary of the Treasury. The Fund shall be used for the
accumulation of funds in order to finance the liabilities of
the insurance program on an actuarially sound basis.
``(b) Assets of Fund.--There shall be deposited into the
Fund the following:
``(1) Premiums paid under section 12527 of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``(c) Availability.--Amounts in the Fund shall be available
for paying insurance benefits under the insurance program.
``(d) Investment of Assets of Fund.--The Secretary of the
Treasury shall invest such portion of the Fund as is not in
the judgment of the Secretary of Defense required to meet
current liabilities. Such investments shall be in public debt
securities with maturities suitable to the needs of the Fund,
as determined by the Secretary of Defense, and bearing
interest at rates determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of
comparable maturities. The income on such investments shall
be credited to the Fund.
``(e) Annual Accounting.--At the beginning of each fiscal
year, the Secretary, in consultation with the Board of
Actuaries and the Secretary of the Treasury, shall determine
the following:
``(1) The projected amount of the premiums to be collected,
investment earnings to be received, and any transfers or
appropriations to be made for the Fund for that fiscal year.
``(2) The amount for that fiscal year of any cumulative
unfunded liability (including any negative amount or any gain
to the Fund) resulting from payments of benefits.
``(3) The amount for that fiscal year (including any
negative amount) of any cumulative actuarial gain or loss to
the Fund.
``Sec. 12529. Board of Actuaries
``(a) Actuarial Responsibility.--The Board of Actuaries
shall have the actuarial responsibility for the insurance
program.
``(b) Valuations and Premium Recommendations.--The Board of
Actuaries shall carry out periodic actuarial valuations of
the benefits under the insurance program and determine a
premium rate methodology for the Secretary to use in setting
premium rates for the insurance program. The Board shall
conduct the first valuation and determine a premium rate
methodology not later than six months after the insurance
program is established.
``(c) Effects of Changed Benefits.--If at the time of any
actuarial valuation under subsection (b) there has been a
change in benefits under the insurance program that has been
made since the last such valuation and such change in
benefits increases or decreases the present value of amounts
payable from the Fund, the Board of Actuaries shall determine
a premium rate methodology, and recommend to the Secretary a
premium schedule, for the liquidation of any liability (or
actuarial gain to the Fund) resulting from such change and
any previous such changes so that the present value of the
sum of the scheduled premium payments (or reduction in
payments that would otherwise be made) equals the cumulative
increase (or decrease) in the present value of such benefits.
``(d) Actuarial Gains or Losses.--If at the time of any
such valuation the Board of Actuaries determines that there
has been an actuarial gain or loss to the Fund as a result of
changes in actuarial assumptions since the last valuation or
as a result of any differences, between actual and expected
experience since the last valuation, the Board shall
recommend to the Secretary a premium rate schedule for the
amortization of the cumulative gain or loss to the Fund
resulting from such changes in assumptions and any previous
such changes in assumptions or from the differences in actual
and expected experience, respectively, through an increase or
decrease in the payments that would otherwise be made to the
Fund.
``(e) Insufficient Assets.--If at any time liabilities of
the Fund exceed assets of the Fund as a result of members of
the Ready Reserve being ordered to active duty as described
in section 12521(2) of this title, and funds are unavailable
to pay benefits completely, the Secretary shall request the
President to submit to Congress a request for a special
appropriation to cover the unfunded liability. If
appropriations are not made to cover an unfunded liability in
any fiscal year, the Secretary shall reduce the amount of the
benefits paid under the insurance program to a total amount
that does not exceed the assets of the Fund expected to
accrue by the end of such fiscal year. Benefits that cannot
be paid because of such a reduction shall be deferred and may
be paid only after and to the extent that additional funds
become available.
``(f) Definition of Present Value.--The Board of Actuaries
shall define the term `present value' for purposes of this
subsection.
``Sec. 12530. Payment of benefits
``(a) Commencement of Payment.--An insured member who
serves in excess of 30 days of covered service shall be paid
the amount to which such member is entitled on a monthly
basis beginning not later than one month after the 30th day
of covered service.
``(b) Method of Payment.--The Secretary shall prescribe in
the regulations the manner in which payments shall be made to
the member or to a person designated in accordance with
subsection (c).
``(c) Designated Recipients.--(1) A member may designate in
writing another person (including a spouse, parent, or other
person with an insurable interest, as determined in
accordance with the regulations prescribed by the Secretary)
to receive payments of insurance benefits under the insurance
program.
``(2) A member may direct that payments of insurance
benefits for a person designated under paragraph (1) be
deposited with a bank or other financial institution to the
credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any
insurance payable under the insurance program on account of a
deceased member's period of covered service shall be paid,
upon the establishment of a valid claim, to the beneficiary
or beneficiaries which the deceased member designated in
writing. If no such designation has been made, the amount
shall be payable in accordance with the laws of the State of
the member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of
or in addition to underwriting the insurance program through
the Fund, purchase from one or more insurance companies a
policy or policies of group insurance in order to provide the
benefits required under this chapter. The Secretary may waive
any requirement for full and open competition in order to
purchase an insurance policy under this subsection.
``(b) Eligible Insurers.--In order to be eligible to sell
insurance to the Secretary for purposes of subsection (a), an
insurance company shall--
``(1) be licensed to issue insurance in each of the 50
States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in effect at
least one percent of the total amount of insurance that all
such insurance companies have in effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company
that issues a policy for
[[Page 93]]
purposes of subsection (a) shall establish an administrative
office at a place and under a name designated by the
Secretary.
``(2) For the purposes of carrying out this chapter, the
Secretary may use the facilities and services of any
insurance company issuing any policy for purposes of
subsection (a), may designate one such company as the
representative of the other companies for such purposes, and
may contract to pay a reasonable fee to the designated
company for its services.
``(d) Reinsurance.--The Secretary shall arrange with each
insurance company issuing any policy for purposes of
subsection (a) to reinsure, under conditions approved by the
Secretary, portions of the total amount of the insurance
under such policy or policies with such other insurance
companies (which meet qualifying criteria prescribed by the
Secretary) as may elect to participate in such reinsurance.
``(e) Termination.--The Secretary may at any time terminate
any policy purchased under this section.
``Sec. 12532. Termination for nonpayment of premiums;
forfeiture
``(a) Termination for Nonpayment.--The coverage of a member
under the insurance program shall terminate without prior
notice upon a failure of the member to make required monthly
payments of premiums for two consecutive months. The
Secretary may provide in the regulations for reinstatement of
insurance coverage terminated under this subsection.
``(b) Forfeiture.--Any person convicted of mutiny, treason,
spying, or desertion, or who refuses to perform service in
the armed forces or refuses to wear the uniform of any of the
armed forces shall forfeit all rights to insurance under this
chapter.''.
(2) The tables of chapters at the beginning of subtitle E,
and at the beginning of part II of subtitle E, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 1213 the following new item:
``1214. Ready Reserve Mobilization Income Insurance........12521''.....
(b) Effective Date.--The insurance program provided for in
chapter 1214 of title 10, United States Code, as added by
subsection (a), and the requirement for deductions and
contributions for that program shall take effect on September
30, 1996, or on any earlier date declared by the Secretary
and published in the Federal Register.
SEC. 513. MILITARY TECHNICIAN FULL-TIME SUPPORT PROGRAM FOR
ARMY AND AIR FORCE RESERVE COMPONENTS.
(a) Requirement of Annual Authorization of End Strength.--
(1) Section 115 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g) Congress shall authorize for each fiscal year the end
strength for military technicians for each reserve component
of the Army and Air Force. Funds available to the Department
of Defense for any fiscal year may not be used for the pay of
a military technician during that fiscal year unless the
technician fills a position that is within the number of such
positions authorized by law for that fiscal year for the
reserve component of that technician. This subsection applies
without regard to section 129 of this title.''.
(2) The amendment made by paragraph (1) does not apply with
respect to fiscal year 1995.
(b) Authorization for Fiscal Years 1996 and 1997.--For each
of fiscal years 1996 and 1997, the minimum number of military
technicians, as of the last day of that fiscal year, for the
Army and the Air Force (notwithstanding section 129 of title
10, United States Code) shall be the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
(c) Administration of Military Technician Program.--(1)
Chapter 1007 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 10216. Military technicians
``(a) Priority for Management of Military Technicians.--(1)
As a basis for making the annual request to Congress pursuant
to section 115 of this title for authorization of end
strengths for military technicians of the Army and Air Force
reserve components, the Secretary of Defense shall give
priority to supporting authorizations for dual status
military technicians in the following high-priority units and
organizations:
``(A) Units of the Selected Reserve that are scheduled to
deploy no later than 90 days after mobilization.
``(B) Units of the Selected Reserve that are or will deploy
to relieve active duty peacetime operations tempo.
``(C) Those organizations with the primary mission of
providing direct support surface and aviation maintenance for
the reserve components of the Army and Air Force, to the
extent that the military technicians in such units would
mobilize and deploy in a skill that is compatible with their
civilian position skill.
``(2) For each fiscal year, the Secretary of Defense shall,
for the high-priority units and organizations referred to in
paragraph (1), seek to achieve a programmed manning level for
military technicians that is not less than 90 percent of the
programmed manpower structure for those units and
organizations for military technicians for that fiscal year.
``(3) Military technician authorizations and personnel in
high-priority units and organizations specified in paragraph
(1) shall be exempt from any requirement (imposed by law or
otherwise) for reductions in Department of Defense civilian
personnel and shall only be reduced as part of military force
structure reductions.
``(b) Dual-Status Requirement.--The Secretary of Defense
shall require the Secretary of the Army and the Secretary of
the Air Force to establish as a condition of employment for
each individual who is hired after the date of the enactment
of this section as a military technician that the individual
maintain membership in the Selected Reserve (so as to be a
so-called `dual-status' technician) and shall require that
the civilian and military position skill requirements of
dual-status military technicians be compatible. No Department
of Defense funds may be spent for compensation for any
military technician hired after the date of the enactment of
this section who is not a member of the Selected Reserve,
except that compensation may be paid for up to six months
following loss of membership in the Selected Reserve if such
loss of membership was not due to the failure to meet
military standards.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``10216. Military technicians.''.
(d) Review of Reserve Component Management Headquarters.--
(1) The Secretary of Defense shall, within six months after
the date of the enactment of this Act, undertake steps to
reduce, consolidate, and streamline management headquarters
operations of the reserve components. As part of those steps,
the Secretary shall identify those military technicians
positions in such headquarters operations that are excess to
the requirements of those headquarters.
(2) Of the military technicians positions that are
identified under paragraph (1), the Secretary shall
reallocate up to 95 percent of the annual funding required to
support those positions for the purpose of creating new
positions or filling existing positions in the high-priority
units and activities specified in section 10216(a) of title
10, United States Code, as added by subsection (c).
(e) Annual Defense Manpower Requirements Report.--Section
115a of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military technician
programs. The report shall include a presentation, shown by
reserve component and shown both as of the end of the
preceding fiscal year and for the next fiscal year, of the
following:
``(1) The number of military technicians required to be
employed (as specified in accordance with Department of
Defense procedures), the number authorized to be employed
under Department of Defense personnel procedures, and the
number actually employed.
``(2) Within each of the numbers under paragraph (1)--
``(A) the number applicable to a reserve component
management headquarter organization; and
``(B) the number applicable to high-priority units and
organizations (as specified in section 10216(a) of this
title).
``(3) Within each of the numbers under paragraph (1), the
numbers of military technicians who are not themselves
members of a reserve component (so-called `single-status'
technicians), with a further display of such numbers as
specified in paragraph (2).''.
SEC. 514. REVISIONS TO ARMY GUARD COMBAT REFORM INITIATIVE TO
INCLUDE ARMY RESERVE UNDER CERTAIN PROVISIONS
AND MAKE CERTAIN REVISIONS.
(a) Prior Active Duty Personnel.--Section 1111 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI
of Public Law 102-484) is amended--
(1) in the section heading, by striking out the first three
words;
(2) by striking out subsections (a) and (b) and inserting
in lieu thereof the following:
``(a) Additional Prior Active Duty Officers.--The Secretary
of the Army shall increase the number of qualified prior
active-duty officers in the Army National Guard by providing
a program that permits the separation of officers on active
duty with at least two, but less than three, years of active
service upon condition that the officer is accepted for
appointment in the Army National Guard. The Secretary shall
have a goal of having not fewer than 150 officers become
members of the Army National Guard each year under this
section.
``(b) Additional Prior Active Duty Enlisted Members.--The
Secretary of the Army shall increase the number of qualified
prior active-duty enlisted members in the Army National Guard
through the use of enlistments as described in section 8020
of the Department of Defense Appropriations Act, 1994 (Public
Law 103-139). The Secretary shall enlist not fewer than 1,000
new enlisted members each year under enlistments described in
that section.''; and
(3) by striking out subsections (d) and (e).
(b) Service in the Selected Reserve in Lieu of Active Duty
Service for ROTC Graduates.--Section 1112(b) of such Act (106
Stat. 2537) is amended by striking out ``National Guard''
before the period at the end and inserting in lieu thereof
``Selected Reserve''.
(c) Review of Officer Promotions.--Section 1113 of such Act
(106 Stat. 2537) is amended--
(1) in subsection (a), by striking out ``National Guard''
both places it appears and in
[[Page 94]]
serting in lieu thereof ``Selected Reserve''; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Coverage of Selected Reserve Combat and Early
Deploying Units.--(1) Subsection (a) applies to officers in
all units of the Selected Reserve that are designated as
combat units or that are designated for deployment within 75
days of mobilization.
``(2) Subsection (a) shall take effect with respect to
officers of the Army Reserve, and with respect to officers of
the Army National Guard in units not subject to subsection
(a) as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996, at the end of the 90-
day period beginning on such date of enactment.''.
(d) Initial Entry Training and Nondeployable Personnel.--
Section 1115 of such Act (106 Stat. 2538) is amended--
(1) in subsections (a) and (b), by striking out ``National
Guard'' each place it appears and inserting in lieu thereof
``Selected Reserve''; and
(2) in subsection (c)--
(A) by striking out ``a member of the Army National Guard
enters the National Guard'' and inserting in lieu thereof ``a
member of the Army Selected Reserve enters the Army Selected
Reserve''; and
(B) by striking out ``from the Army National Guard''.
(e) Accounting of Members Who Fail Physical Deployability
Standards.--Section 1116 of such Act (106 Stat. 2539) is
amended by striking out ``National Guard'' each place it
appears and inserting in lieu thereof ``Selected Reserve''.
(f) Use of Combat Simulators.--Section 1120 of such Act
(106 Stat. 2539) is amended by inserting ``and the Army
Reserve'' before the period at the end.
SEC. 515. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) Associate Units.--Subsection (a) of section 1131 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2540) is amended to read as
follows:
``(a) Associate Units.--The Secretary of the Army shall
require--
``(1) that each ground combat maneuver brigade of the Army
National Guard that (as determined by the Secretary) is
essential for the execution of the National Military Strategy
be associated with an active-duty combat unit; and
``(2) that combat support and combat service support units
of the Army Selected Reserve that (as determined by the
Secretary) are essential for the execution of the National
Military Strategy be associated with active-duty units.''.
(b) Responsibilities.--Subsection (b) of such section
is amended--
(1) by striking out ``National Guard combat unit'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``National Guard unit or Army Selected Reserve unit that (as
determined by the Secretary under subsection (a)) is
essential for the execution of the National Military
Strategy''; and
(2) by striking out ``of the National Guard unit'' in
paragraphs (1), (2), (3), and (4) and inserting in lieu
thereof ``of that unit''.
SEC. 516. LEAVE FOR MEMBERS OF RESERVE COMPONENTS PERFORMING
PUBLIC SAFETY DUTY.
(a) Election of Leave To Be Charged.--Subsection (b) of
section 6323 of title 5, United States Code, is amended by
adding at the end the following: ``Upon the request of an
employee, the period for which an employee is absent to
perform service described in paragraph (2) may be charged to
the employee's accrued annual leave or to compensatory time
available to the employee instead of being charged as leave
to which the employee is entitled under this subsection. The
period of absence may not be charged to sick leave.''.
(b) Pay for Period of Absence.--Section 5519 of such title
is amended by striking out ``entitled to leave'' and
inserting in lieu thereof ``granted military leave''.
SEC. 517. DEPARTMENT OF DEFENSE FUNDING FOR NATIONAL GUARD
PARTICIPATION IN JOINT DISASTER AND EMERGENCY
ASSISTANCE EXERCISES.
Section 503(a) of title 32, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) includes authority to provide for
participation of the National Guard in conjunction with the
Army or the Air Force, or both, in joint exercises for
instruction to prepare the National Guard for response to
civil emergencies and disasters.''.
Subtitle C--Decorations and Awards
SEC. 521. AWARD OF PURPLE HEART TO PERSONS WOUNDED WHILE HELD
AS PRISONERS OF WAR BEFORE APRIL 25, 1962.
(a) Award of Purple Heart.--For purposes of the award of
the Purple Heart, the Secretary concerned (as defined in
section 101 of title 10, United States Code) shall treat a
former prisoner of war who was wounded before April 25, 1962,
while held as a prisoner of war (or while being taken
captive) in the same manner as a former prisoner of war who
is wounded on or after that date while held as a prisoner of
war (or while being taken captive).
(b) Standards for Award.--An award of the Purple Heart
under subsection (a) shall be made in accordance with the
standards in effect on the date of the enactment of this Act
for the award of the Purple Heart to persons wounded on or
after April 25, 1962.
(c) Eligible Former Prisoners of War.--A person shall be
considered to be a former prisoner of war for purposes of
this section if the person is eligible for the prisoner-of-
war medal under section 1128 of title 10, United States Code.
SEC. 522. AUTHORITY TO AWARD DECORATIONS RECOGNIZING ACTS OF
VALOR PERFORMED IN COMBAT DURING THE VIETNAM
CONFLICT.
(a) Findings.--Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried out by
the Armed Forces in the Ia Drang Valley of Vietnam from
October 23, 1965, to November 26, 1965, is illustrative of
the many battles during the Vietnam conflict which pitted
forces of the United States against North Vietnamese Army
regulars and Viet Cong in vicious fighting.
(2) Accounts of those battles that have been published
since the end of that conflict authoritatively document
numerous and repeated acts of extraordinary heroism,
sacrifice, and bravery on the part of members of the Armed
Forces, many of which have never been officially recognized.
(3) In some of those battles, United States military units
suffered substantial losses, with some units sustaining
casualties in excess of 50 percent.
(4) The incidence of heavy casualties throughout the
Vietnam conflict inhibited the timely collection of
comprehensive and detailed information to support
recommendations for awards recognizing acts of heroism,
sacrifice, and bravery.
(5) Subsequent requests to the Secretaries of the military
departments for review of award recommendations for such acts
have been denied because of restrictions in law and
regulations that require timely filing of such
recommendations and documented justification.
(6) Acts of heroism, sacrifice, and bravery performed in
combat by members of the Armed Forces deserve appropriate and
timely recognition by the people of the United States.
(7) It is appropriate to recognize acts of heroism,
sacrifice, or bravery that are belatedly, but properly,
documented by persons who witnessed those acts.
(b) Waiver of Time Limitations for Recommendations for
Awards.--(1) Any decoration covered by paragraph (2) may be
awarded, without regard to any time limit imposed by law or
regulation for a recommendation for such award to any person
for actions by that person in the Southeast Asia theater of
operations while serving on active duty during the Vietnam
era. The waiver of time limitations under this paragraph
applies only in the case of awards for acts of valor for
which a request for consideration is submitted under
subsection (c).
(2) Paragraph (1) applies to any decoration (including any
device in lieu of a decoration) that, during or after the
Vietnam era and before the date of the enactment of this Act,
was authorized by law or under regulations of the Department
of Defense or the military department concerned to be awarded
to members of the Armed Forces for acts of valor.
(c) Review of Requests for Consideration of Awards.--(1)
The Secretary of each military department shall review each
request for consideration of award of a decoration described
in subsection (b) that are received by the Secretary during
the one-year period beginning on the date of enactment of
this Act.
(2) The Secretaries shall begin the review within 30 days
after the date of the enactment of this Act and shall
complete the review of each request for consideration not
later than one year after the date on which the request is
received.
(3) The Secretary may use the same process for carrying out
the review as the Secretary uses for reviewing other
recommendations for award of decorations to members of the
Armed Forces under the Secretary's jurisdiction for valorous
acts.
(d) Report.--(1) Upon completing the review of each such
request under subsection (c), the Secretary shall submit a
report on the review to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives.
(2) The report shall include, with respect to each request
for consideration received, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for
consideration.
(e) Definition.--For purposes of this section:
(1) The term ``Vietnam era'' has the meaning given that
term in section 101 of title 38, United States Code.
(2) The term ``active duty'' has the meaning given that
term in section 101 of title 10, United States Code.
SEC. 523. MILITARY INTELLIGENCE PERSONNEL PREVENTED BY
SECRECY FROM BEING CONSIDERED FOR DECORATIONS
AND AWARDS.
(a) Waiver on Restrictions of Awards.--(1) Any decoration
covered by paragraph (2) may be awarded, without regard to
any time limit imposed by law or regulation for a
recommendation for such award, to any person for an act,
achievement, or service that the person performed in carrying
out military intelligence duties during the period beginning
on January 1, 1940, and ending on December 31, 1990.
(2) Paragraph (1) applies to any decoration (including any
device in lieu of a decoration)
[[Page 95]]
that, during or after the period described in paragraph (1)
and before the date of the enactment of this Act, was
authorized by law or under the regulations of the Department
of Defense or the military department concerned to be awarded
to a person for an act, achievement, or service performed by
that person while serving on active duty.
(b) Review of Requests for Consideration of Awards.--(1)
The Secretary of each military department shall review each
request for consideration of award of a decoration described
in subsection (a) that is received by the Secretary during
the one-year period beginning on the date of the enactment of
this Act.
(2) The Secretaries shall begin the review within 30 days
after the date of the enactment of this Act and shall
complete the review of each request for consideration not
later than one year after the date on which the request is
received.
(3) The Secretary may use the same process for carrying out
the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of the
Armed Forces under the Secretary's jurisdiction for acts,
achievements, or service.
(c) Report.--(1) Upon completing the review of each such
request under subsection (b), the Secretary shall submit a
report on the review to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives.
(2) The report shall include, with respect to each request
for consideration reviewed, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for
consideration.
(D) Administrative or legislative recommendations to
improve award procedures with respect to military
intelligence personnel.
(d) Definition.--For purposes of this section, the term
``active duty'' has the meaning given such term in section
101 of title 10, United States Code.
SEC. 524. REVIEW REGARDING UPGRADING OF DISTINGUISHED-SERVICE
CROSSES AND NAVY CROSSES AWARDED TO ASIAN-
AMERICANS AND NATIVE AMERICAN PACIFIC ISLANDERS
FOR WORLD WAR II SERVICE.
(a) Review Required.--(1) The Secretary of the Army shall
review the records relating to each award of the
Distinguished-Service Cross, and the Secretary of the Navy
shall review the records relating to each award of the Navy
Cross, that was awarded to an Asian-American or a Native
American Pacific Islander with respect to service as a member
of the Armed Forces during World War II. The purpose of the
review shall be to determine whether any such award should be
upgraded to the Medal of Honor.
(2) If the Secretary concerned determines, based upon the
review under paragraph (1), that such an upgrade is
appropriate in the case of any person, the Secretary shall
submit to the President a recommendation that the President
award the Medal of Honor to that person.
(b) Waiver of Time Limitations.--A Medal of Honor may be
awarded to a person referred to in subsection (a) in
accordance with a recommendation of the Secretary concerned
under that subsection without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished-Service Cross or Navy Cross has been
awarded.
(c) Definition.--For purposes of this section, the term
``Native American Pacific Islander'' means a Native Hawaiian
and any other Native American Pacific Islander within the
meaning of the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.).
SEC. 525. ELIGIBILITY FOR ARMED FORCES EXPEDITIONARY MEDAL
BASED UPON SERVICE IN EL SALVADOR.
(a) In General.--For the purpose of determining eligibility
of members and former members of the Armed Forces for the
Armed Forces Expeditionary Medal, the country of El Salvador
during the period beginning on January 1, 1981 and ending on
February 1, 1992, shall be treated as having been designated
as an area and a period of time in which members of the Armed
Forces participated in operations in significant numbers and
otherwise met the general requirements for the award of that
medal.
(b) Individual Determination.--The Secretary of the
military department concerned shall determine whether
individual members or former members of the Armed Forces who
served in El Salvador during the period beginning on January
1, 1981 and ending on February 1, 1992 meet the individual
service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations.
Such determinations shall be made as expeditiously as
possible after the date of the enactment of this Act.
SEC. 526. PROCEDURE FOR CONSIDERATION OF MILITARY DECORATIONS
NOT PREVIOUSLY SUBMITTED IN TIMELY FASHION.
(a) In General.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1130. Consideration of proposals for decorations not
previously submitted in timely fashion: procedures for
review and recommendation
``(a) Upon request of a Member of Congress, the Secretary
concerned shall review a proposal for the award or
presentation of a decoration (or the upgrading of a
decoration), either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to
limitations established by law or policy for timely
submission of a recommendation for such award or
presentation. Based upon such review, the Secretary shall
make a determination as to the merits of approving the award
or presentation of the decoration and the other
determinations necessary to comply with subsection (b).
``(b) Upon making a determination under subsection (a) as
to the merits of approving the award or presentation of the
decoration, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives and to
the requesting member of Congress notice in writing of one of
the following:
``(1) The award or presentation of the decoration does not
warrant approval on the merits.
``(2) The award or presentation of the decoration warrants
approval and a waiver by law of time restrictions prescribed
by law is recommended.
``(3) The award or presentation of the decoration warrants
approval on the merits and has been approved as an exception
to policy.
``(4) The award or presentation of the decoration warrants
approval on the merits, but a waiver of the time restrictions
prescribed by law or policy is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decision of the Secretary.
``(c) Determinations under this section regarding the award
or presentation of a decoration shall be made in accordance
with the same procedures that apply to the approval or
disapproval of the award or presentation of a decoration when
a recommendation for such award or presentation is submitted
in a timely manner as prescribed by law or regulation.
``(d) In this section:
``(1) The term `Member of Congress' means--
``(A) a Senator; or
``(B) a Representative in, or a Delegate or Resident
Commissioner to, Congress.
``(2) The term `decoration' means any decoration or award
that may be presented or awarded to a member or unit of the
armed forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
recommendation.''.
Subtitle D--Officer Education Programs
PART I--SERVICE ACADEMIES
SEC. 531. REVISION OF SERVICE OBLIGATION FOR GRADUATES OF THE
SERVICE ACADEMIES.
(a) Military Academy.--Section 4348(a)(2)(B) of title 10,
United States Code, is amended by striking out ``six years''
and inserting in lieu thereof ``five years''.
(b) Naval Academy.--Section 6959(a)(2)(B) of such title is
amended by striking out ``six years'' and inserting in lieu
thereof ``five years''.
(c) Air Force Academy.--Section 9348(a)(2)(B) of such title
is amended by striking out ``six years'' and inserting in
lieu thereof ``five years''.
(d) Requirement for Review and Report.--(1) The Secretary
of Defense shall review the effects that each of various
periods of obligated active duty service for graduates of the
United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy would have
on the number and quality of the eligible and qualified
applicants seeking appointment to such academies.
(2) Not later than April 1, 1996, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report on the Secretary's findings under
the review, together with any recommended legislation
regarding the minimum periods of obligated active duty
service for graduates of the United States Military Academy,
the United States Naval Academy, and the United States Air
Force Academy.
(e) Applicability.--The amendments made by this section
apply to persons first admitted to the United States Military
Academy, United States Naval Academy, and United States Air
Force Academy after December 31, 1991.
SEC. 532. NOMINATIONS TO SERVICE ACADEMIES FROM COMMONWEALTH
OF THE NORTHERN MARIANAS ISLANDS.
(a) Military Academy.--Section 4342(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative
from the commonwealth.''.
(b) Naval Academy.--Section 6954(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
[[Page 96]]
``(10) One from the Commonwealth of the Northern Marianas
Islands, nominated by the resident representative from the
commonwealth.''.
(c) Air Force Academy.--Section 9342(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative
from the commonwealth.''.
SEC. 533. REPEAL OF REQUIREMENT FOR ATHLETIC DIRECTOR AND
NONAPPROPRIATED FUND ACCOUNT FOR THE ATHLETICS
PROGRAMS AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Section 4357 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 403
of such title is amended by striking out the item relating to
section 4357.
(b) United States Naval Academy.--Section 556 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2774) is amended by striking
out subsections (b) and (e).
(c) United States Air Force Academy.--(1) Section 9356 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 903
of such title is amended by striking out the item relating to
section 9356.
SEC. 534. REPEAL OF REQUIREMENT FOR PROGRAM TO TEST
PRIVATIZATION OF SERVICE ACADEMY PREPARATORY
SCHOOLS.
Section 536 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 4331 note) is
repealed.
PART II--RESERVE OFFICER TRAINING CORPS
SEC. 541. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 983. Institutions of higher education that prohibit
Senior ROTC units: denial of Department of Defense grants
and contracts
``(a) Denial of Department of Defense Grants and
Contracts.--(1) No funds appropriated or otherwise available
to the Department of Defense may be made obligated by
contract or by grant (including a grant of funds to be
available for student aid) to any institution of higher
education that, as determined by the Secretary of Defense,
has an anti-ROTC policy and at which, as determined by the
Secretary, the Secretary would otherwise maintain or seek to
establish a unit of the Senior Reserve Officer Training Corps
or at which the Secretary would otherwise enroll or seek to
enroll students for participation in a unit of the Senior
Reserve Officer Training Corps at another nearby institution
of higher education.
``(2) In the case of an institution of higher education
that is ineligible for Department of Defense grants and
contracts by reason of paragraph (1), the prohibition under
that paragraph shall cease to apply to that institution upon
a determination by the Secretary that the institution no
longer has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary
makes a determination under subsection (a) that an
institution has an anti-ROTC policy, or that an institution
previously determined to have an anti-ROTC policy no longer
has such a policy, the Secretary--
``(1) shall transmit notice of that determination to the
Secretary of Education and to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives; and
``(2) shall publish in the Federal Register notice of that
determination and of the effect of that determination under
subsection (a)(1) on the eligibility of that institution for
Department of Defense grants and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary
shall publish in the Federal Register once every six months a
list of each institution of higher education that is
currently ineligible for Department of Defense grants and
contracts by reason of a determination of the Secretary under
subsection (a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-
ROTC policy' means a policy or practice of an institution of
higher education that--
``(1) prohibits, or in effect prevents, the Secretary of
Defense from maintaining or establishing a unit of the Senior
Reserve Officer Training Corps at that institution, or
``(2) prohibits, or in effect prevents, a student at that
institution from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants and
contracts.''.
SEC. 542. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.
(a) Clarification of Restriction on Active Duty.--Paragraph
(2) of section 2107(h) of title 10, United States Code, is
amended by inserting ``full-time'' before ``active duty'' in
the second sentence.
(b) Redesignation of ROTC Scholarships.--Such paragraph is
further amended by inserting after the first sentence the
following new sentence: ``A cadet designated under this
paragraph who, having initially contracted for service as
provided in subsection (b)(5)(A) and having received
financial assistance for two years under an award providing
for four years of financial assistance under this section,
modifies such contract with the consent of the Secretary of
the Army to provide for service as described in subsection
(b)(5)(B), may be counted, for the year in which the contract
is modified, toward the number of appointments required under
the preceding sentence for financial assistance awarded for a
period of four years.''.
SEC. 543. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL
HEADQUARTERS STRUCTURE.
(a) Delay.--The Secretary of the Army may not take any
action to reorganize the regional headquarters and basic camp
structure of the Reserve Officers Training Corps program of
the Army until six months after the date on which the report
required by subsection (d) is submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall
conduct a comparative cost-benefit analysis of various
options for the reorganization of the regional headquarters
and basic camp structure of the Army ROTC program. As part of
such analysis, the Secretary shall measure each
reorganization option considered against a common set of
criteria.
(c) Selection of Reorganization Option for
Implementation.--Based on the findings resulting from the
cost-benefit analysis under subsection (b) and such other
factors as the Secretary considers appropriate, the Secretary
shall select one reorganization option for implementation.
The Secretary may select an option for implementation only if
the Secretary finds that the cost-benefit analysis and other
factors considered clearly demonstrate that such option,
better than any other option considered--
(1) provides the structure to meet projected mission
requirements;
(2) achieves the most significant personnel and cost
savings;
(3) uses existing basic and advanced camp facilities to the
maximum extent possible;
(4) minimizes additional military construction costs; and
(5) makes maximum use of the reserve components to support
basic and advanced camp operations, thereby minimizing the
effect of those operations on active duty units.
(d) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives a report describing the reorganization option
selected under subsection (c). The report shall include the
results of the cost-benefit analysis under subsection (b) and
a detailed rationale for the reorganization option selected.
SEC. 544. DURATION OF FIELD TRAINING OR PRACTICE CRUISE
REQUIRED UNDER THE SENIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM.
Section 2104(b)(6)(A)(ii) of title 10, United States Code,
is amended by striking out ``not less than six weeks'
duration'' and inserting in lieu thereof ``a duration''.
SEC. 545. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY AT
SENIOR MILITARY COLLEGES TO SERVE AS COMMANDANT
AND ASSISTANT COMMANDANT OF CADETS AND AS
TACTICAL OFFICERS.
(a) In General.--Chapter 103 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2111a. Detail of officers to senior military colleges
``(a) Detail of Officers To Serve as Commandant or
Assistant Commandant of Cadets.--(1) Upon the request of a
senior military college, the Secretary of Defense may detail
an officer on the active-duty list to serve as Commandant of
Cadets at that college or (in the case of a college with an
Assistant Commandant of Cadets) detail an officer on the
active-duty list to serve as Assistant Commandant of Cadets
at that college (but not both).
``(2) In the case of an officer detailed as Commandant of
Cadets, the officer may, upon the request of the college, be
assigned from among the Professor of Military Science, the
Professor of Naval Science (if any), and the Professor of
Aerospace Science (if any) at that college or may be in
addition to any other officer detailed to that college in
support of the program.
``(3) In the case of an officer detailed as Assistant
Commandant of Cadets, the officer may, upon the request of
the college, be assigned from among officers otherwise
detailed to duty at that college in support of the program or
may be in addition to any other officer detailed to that
college in support of the program.
``(b) Designation of Officers as Tactical Officers.--Upon
the request of a senior military college, the Secretary of
Defense may authorize officers (other than officers covered
by subsection (a)) who are detailed to duty as instructors at
that college to act simultaneously as tactical officers (with
or without compensation) for the Corps of Cadets at that
college.
``(c) Detail of Officers.--The Secretary of a military
department shall designate officers for detail to the program
at a senior military college in accordance with criteria
provided by the college. An officer may not be detailed to a
senior military college without the approval of that college.
``(d) Senior Military Colleges.--The senior military
colleges are the following:
``(1) Texas A&M University.
[[Page 97]]
``(2) Norwich College.
``(3) The Virginia Military Institute.
``(4) The Citadel.
``(5) Virginia Polytechnic Institute and State University.
``(6) North Georgia College.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2111a. Detail of officers to senior military colleges.''.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 551. REPORT CONCERNING APPROPRIATE FORUM FOR JUDICIAL
REVIEW OF DEPARTMENT OF DEFENSE PERSONNEL
ACTIONS.
(a) Establishment.--The Secretary of Defense shall
establish an advisory committee to consider issues relating
to the appropriate forum for judicial review of Department of
Defense administrative personnel actions.
(b) Membership.--(1) The committee shall be composed of
five members, who shall be appointed by the Secretary of
Defense after consultation with the Attorney General and the
Chief Justice of the United States.
(2) All members of the committee shall be appointed not
later than 30 days after the date of the enactment of this
Act.
(c) Duties.--The committee shall review, and provide
findings and recommendations regarding, the following matters
with respect to judicial review of administrative personnel
actions of the Department of Defense:
(1) Whether the existing forum for such review through the
United States district courts provides appropriate and
adequate review of such actions.
(2) Whether jurisdiction to conduct judicial review of such
actions should be established in a single court in order to
provide a centralized review of such actions and, if so, in
which court that jurisdiction should be vested.
(d) Report.--(1) Not later than December 15, 1996, the
committee shall submit to the Secretary of Defense a report
setting forth its findings and recommendations, including its
recommendations pursuant to subsection (c).
(2) Not later than January 1, 1997, the Secretary of
Defense, after consultation with the Attorney General, shall
transmit the committee's report to Congress. The Secretary
may include in the transmittal any comments on the report
that the Secretary or the Attorney General consider
appropriate.
(e) Termination of Committee.--The committee shall
terminate 30 days after the date of the submission of its
report to Congress under subsection (d)(2).
SEC. 552. COMPTROLLER GENERAL REVIEW OF PROPOSED ARMY END
STRENGTH ALLOCATIONS.
(a) In General.--During fiscal years 1996 through 2001, the
Comptroller General of the United States shall analyze the
plans of the Secretary of the Army for the allocation of
assigned active component end strengths for the Army through
the requirements process known as Total Army Analysis 2003
and through any subsequent similar requirements process of
the Army that is conducted before 2002. The Comptroller
General's analysis shall consider whether the proposed active
component end strengths and planned allocation of forces for
that period will be sufficient to implement the national
military strategy. In monitoring those plans, the Comptroller
General shall determine the extent to which the Army will be
able during that period--
(1) to man fully the combat force based on the projected
active component Army end strength for each of fiscal years
1996 through 2001;
(2) to meet the support requirements for the force and
strategy specified in the report of the Bottom-Up Review,
including requirements for operations other than war; and
(3) to streamline further Army infrastructure in order to
eliminate duplication and inefficiencies and replace active
duty personnel in overhead positions, whenever practicable,
with civilian or reserve personnel.
(b) Access to Documents, Etc.--The Secretary of the Army
shall ensure that the Comptroller General is provided access,
on a timely basis and in accordance with the needs of the
Comptroller General, to all analyses, models, memoranda,
reports, and other documents prepared or used in connection
with the requirements process of the Army known as Total Army
Analysis 2003 and any subsequent similar requirements process
of the Army that is conducted before 2002.
(c) Annual Report.--Not later than March 1 of each year
through 2002, the Comptroller General shall submit to
Congress a report on the findings and conclusions of the
Comptroller General under this section.
SEC. 553. REPORT ON MANNING STATUS OF HIGHLY DEPLOYABLE
SUPPORT UNITS.
(a) Report.--Not later than September 30, 1996, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the units of the
Armed Forces under the Secretary's jurisdiction--
(1) that (as determined by the Secretary of the military
department concerned) are high-priority support units that
would deploy early in a contingency operation or other
crisis; and
(2) that are, as a matter of policy, managed at less than
100 percent of their authorized strengths.
(b) Matters To Be Included.--The Secretary shall include in
the report--
(1) the number of such high-priority support units (shown
by type of unit) that are so managed;
(2) the level of manning within such high-priority support
units; and
(3) with respect to each such unit, either the
justification for manning of less than 100 percent or the
status of corrective action.
SEC. 554. REVIEW OF SYSTEM FOR CORRECTION OF MILITARY
RECORDS.
(a) Review of Procedures.--The Secretary of Defense shall
review the system and procedures for the correction of
military records used by the Secretaries of the military
departments in the exercise of authority under section 1552
of title 10, United States Code, in order to identify
potential improvements that could be made in the process for
correcting military records to ensure fairness, equity, and
(consistent with appropriate service to applicants) maximum
efficiency. The Secretary may not delegate responsibility for
the review to an officer or official of a military
department.
(b) Issues Reviewed.--In conducting the review, the
Secretary shall consider (with respect to each Board for the
Correction of Military Records) the following:
(1) The composition of the board and of the support staff
for the board.
(2) Timeliness of final action.
(3) Independence of deliberations by the civilian board.
(4) The authority of the Secretary of the military
department concerned to modify the recommendations of the
board.
(5) Burden of proof and other evidentiary standards.
(6) Alternative methods for correcting military records.
(7) Whether the board should be consolidated with the
Discharge Review Board of the military department.
(c) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit a report on the results of the
Secretary's review under this section to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives. The report shall
contain the recommendations of the Secretary for improving
the process for correcting military records in order to
achieve the objectives referred to in subsection (a).
SEC. 555. REPORT ON THE CONSISTENCY OF REPORTING OF
FINGERPRINT CARDS AND FINAL DISPOSITION FORMS
TO THE FEDERAL BUREAU OF INVESTIGATION.
(a) Report.--The Secretary of Defense shall submit to
Congress a report on the consistency with which fingerprint
cards and final disposition forms, as described in Criminal
Investigations Policy Memorandum 10 issued by the Defense
Inspector General on March 25, 1987, are reported by the
Defense Criminal Investigative Organizations to the Federal
Bureau of Investigation for inclusion in the Bureau's
criminal history identification files. The report shall be
prepared in consultation with the Director of the Federal
Bureau of Investigation.
(b) Matters To Be Included.--In the report, the Secretary
shall--
(1) survey fingerprint cards and final disposition forms
filled out in the past 24 months by each investigative
organization;
(2) compare the fingerprint cards and final disposition
forms filled out to all judicial and nonjudicial procedures
initiated as a result of actions taken by each investigative
service in the past 24 months;
(3) account for any discrepancies between the forms filled
out and the judicial and nonjudicial procedures initiated;
(4) compare the fingerprint cards and final disposition
forms filled out with the information held by the Federal
Bureau of Investigation criminal history identification
files;
(5) identify any weaknesses in the collection of
fingerprint cards and final disposition forms and in the
reporting of that information to the Federal Bureau of
Investigation; and
(6) determine whether or not other law enforcement
activities of the military services collect and report such
information or, if not, should collect and report such
information.
(c) Submission of Report.--The report shall be submitted
not later than one year after the date of the enactment of
this Act.
(d) Definition.--For the purposes of this section, the term
``criminal history identification files'', with respect to
the Federal Bureau of Investigation, means the criminal
history record system maintained by the Federal Bureau of
Investigation based on fingerprint identification and any
other method of positive identification.
Subtitle F--Other Matters
SEC. 561. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR
OFFICERS AND ENLISTED MEMBERS.
(a) Enlisted Service Credit.--Section 972 of title 10,
United States Code, is amended--
(1) by inserting ``(a) Enlisted Members Required To Make Up
Time Lost.--'' before ``An enlisted member'';
(2) by striking out paragraphs (3) and (4) and inserting in
lieu thereof the following:
``(3) is confined by military or civilian authorities for
more than one day in connection with a trial, whether before,
during, or after the trial; or''; and
(3) by redesignating paragraph (5) as paragraph (4).
[[Page 98]]
(b) Officer Service Credit.--Such section is further
amended by adding at the end the following:
``(b) Officers Not Allowed Service Credit for Time Lost.--
In the case of an officer of an armed force who after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 1996--
``(1) deserts;
``(2) is absent from his organization, station, or duty for
more than one day without proper authority, as determined by
competent authority;
``(3) is confined by military or civilian authorities for
more than one day in connection with a trial, whether before,
during, or after the trial; or
``(4) is unable for more than one day, as determined by
competent authority, to perform his duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or
inability to perform duties may not be counted in computing,
for any purpose other than basic pay under section 205 of
title 37, the officer's length of service.''.
(c) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 972. Members: effect of time lost
(2) The item relating to section 972 in the table of
sections at the beginning of chapter 49 of such title is
amended to read as follows:
``972. Members: effect of time lost.''.
(d) Conforming Amendments.--(1) Section 1405(c) is
amended--
(A) by striking out ``Made Up.--Time'' and inserting in
lieu thereof ``Made Up or Excluded.--(1) Time'';
(B) by striking out ``section 972'' and inserting in lieu
thereof ``section 972(a)'';
(C) by inserting after ``of this title'' the following: ``,
or required to be made up by an enlisted member of the Navy,
Marine Corps, or Coast Guard under that section with respect
to a period of time after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1995,'';
and
(D) by adding at the end the following:
``(2) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(2) Chapter 367 of such title is amended--
(A) in section 3925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 3926 the following new
subsection:
``(e) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(3)(A) Chapter 571 of such title is amended by inserting
after section 6327 the following new section:
``Sec. 6328. Computation of years of service: voluntary
retirement
``(a) Enlisted Members.--Time required to be made up under
section 972(a) of this title after the date of the enactment
of this section may not be counted in computing years of
service under this chapter.
``(b) Officers.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this chapter any time identified with respect to that officer
under that section.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
6327 the following new item:
``6328. Computation of years of service: voluntary retirement.''.
(4) Chapter 867 of such title is amended--
(A) in section 8925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 8926 the following new
subsection:
``(d) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall apply to any period of time
covered by section 972 of title 10, United States Code, that
occurs after that date.
SEC. 562. ARMY RANGER TRAINING.
(a) In General.--(1) Chapter 401 of title 10, United States
Code, is amended by inserting after section 4302 the
following new section:
``Sec. 4303. Army Ranger training: instructor staffing;
safety
``(a) Levels of Personnel Assigned.--(1) The Secretary of
the Army shall ensure that at all times the number of
officers, and the number of enlisted members, permanently
assigned to the Ranger Training Brigade (or other
organizational element of the Army primarily responsible for
ranger student training) are not less than 90 percent of the
required manning spaces for officers, and for enlisted
members, respectively, for that brigade.
``(2) In this subsection, the term `required manning
spaces' means the number of personnel spaces for officers,
and the number of personnel spaces for enlisted members, that
are designated in Army authorization documents as the number
required to accomplish the missions of a particular unit or
organization.
``(b) Training Safety Cells.--(1) The Secretary of the Army
shall establish and maintain an organizational entity known
as a `safety cell' as part of the organizational elements of
the Army responsible for conducting each of the three major
phases of the Ranger Course. The safety cell in each
different geographic area of Ranger Course training shall be
comprised of personnel who have sufficient continuity and
experience in that geographic area of such training to be
knowledgeable of the local conditions year-round, including
conditions of terrain, weather, water, and climate and other
conditions and the potential effect on those conditions on
Ranger student training and safety.
``(2) Members of each safety cell shall be assigned in
sufficient numbers to serve as advisers to the officers in
charge of the major phase of Ranger training and shall assist
those officers in making informed daily `go' and `no-go'
decisions regarding training in light of all relevant
conditions, including conditions of terrain, weather, water,
and climate and other conditions.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
4302 the following new item:
``4303. Army Ranger training: instructor staffing; safety.''.
(b) Accomplishment of Required Manning Levels.--(1) If, as
of the date of the enactment of this Act, the number of
officers, and the number of enlisted members, permanently
assigned to the Army Ranger Training Brigade are not each at
(or above) the requirement specified in subsection (a) of
section 4303 of title 10, United States Code, as added by
subsection (a), the Secretary of the Army shall--
(A) take such steps as necessary to accomplish that
requirement within 12 months after such date of enactment;
and
(B) submit to Congress, not later than 90 days after such
date of enactment, a plan to achieve and maintain that
requirement.
(2) The requirement specified in subsection (a) of section
4303 of title 10, United States Code, as added by subsection
(a), shall expire two years after the date (on or after the
date of the enactment of this Act) on which the required
manning levels referred to in paragraph (1) are first
attained.
(c) GAO Assessment.--(1) Not later than one year the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report providing a preliminary
assessment of the implementation and effectiveness of all
corrective actions taken by the Army as a result of the
February 1995 accident at the Florida Ranger Training Camp,
including an evaluation of the implementation of the required
manning levels established by subsection (a) of section 4303
of title 10, United States Code, as added by subsection (a).
(2) At the end of the two-year period specified in
subsection (b)(2), the Comptroller General shall submit to
Congress a report providing a final assessment of the matters
covered in the preliminary report under paragraph (1). The
report shall include the Comptroller General's recommendation
as to the need to continue required statutory manning levels
as specified in subsection (a) of section 4303 of title 10,
United States Code, as added by subsection (a).
(d) Sense of Congress.--In light of requirement that
particularly dangerous training activities (such as Ranger
training, Search, Evasion, Rescue, and Escape (SERE)
training, SEAL training, and Airborne training) must be
adequately manned and resourced to ensure safety and
effective oversight, it is the sense of Congress--
(1) that the Secretary of Defense, in conjunction with the
Secretaries of the military departments, should review and,
if necessary, enhance oversight of all such training
activities; and
(2) that organizations similar to the safety cells required
to be established for Army Ranger training in section 4303 of
title 10, United States Code, as added by subsection (a),
should (when appropriate) be used for all such training
activities.
SEC. 563. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT.
(a) Separation.--(1)(A) Chapter 59 of title 10, United
States Code, is amended by inserting after section 1166 the
following new section:
``Sec. 1167. Members under confinement by sentence of court-
martial: separation after six months confinement
``Except as otherwise provided in regulations prescribed by
the Secretary of Defense, a member sentenced by a court-
martial to a period of confinement for more than six months
may be separated from the member's armed force at any time
after the sentence to confinement has become final under
chapter 47 of this title and the person has served in
confinement for a period of six months.''.
(B) The table of sections at the beginning of chapter 59 of
such title is amended by inserting after the item relating to
section 1166 the following new item:
``1167. Members under confinement by sentence of court-martial:
separation after six months confinement.''.
(2)(A) Chapter 1221 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 12687. Reserves under confinement by sentence of
court-martial: separation after six months confinement
``Except as otherwise provided in regulations prescribed by
the Secretary of Defense, a Reserve sentenced by a court-
martial to a period of confinement for more than six months
may be separated from that Re
[[Page 99]]
serve's armed force at any time after the sentence to
confinement has become final under chapter 47 of this title
and the Reserve has served in confinement for a period of six
months.''.
(B) The table of sections at the beginning of chapter 1221
of such title is amended by inserting at the end thereof the
following new item:
``12687. Reserves under confinement by sentence of court-martial:
separation after six months confinement.''.
(b) Drop From Rolls.--(1) Section 1161(b) of title 10,
United States Code, is amended by striking out ``or (2)'' and
inserting in lieu thereof ``(2) who may be separated under
section 1178 of this title by reason of a sentence to
confinement adjudged by a court-martial, or (3)''.
(2) Section 12684 of such title is amended--
(A) by striking out ``or'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) who may be separated under section 12687 of this
title by reason of a sentence to confinement adjudged by a
court-martial; or''.
SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 129b the
following new section:
``Sec. 129c. Medical personnel: limitations on reductions
``(a) Limitation on Reduction.--For any fiscal year, the
Secretary of Defense may not make a reduction in the number
of medical personnel of the Department of Defense described
in subsection (b) unless the Secretary makes a certification
for that fiscal year described in subsection (c).
``(b) Covered Reductions.--Subsection (a) applies to a
reduction in the number of medical personnel of the
Department of Defense as of the end of a fiscal year to a
number that is less than--
``(1) 95 percent of the number of such personnel at the end
of the immediately preceding fiscal year; or
``(2) 90 percent of the number of such personnel at the end
of the third fiscal year preceding the fiscal year.
``(c) Certification.--A certification referred to in
subsection (a) with respect to reductions in medical
personnel of the Department of Defense for any fiscal year is
a certification by the Secretary of Defense to Congress
that--
``(1) the number of medical personnel being reduced is
excess to the current and projected needs of the Department
of Defense; and
``(2) such reduction will not result in an increase in the
cost of health care services provided under the Civilian
Health and Medical Program of the Uniformed Services under
chapter 55 of this title.
``(d) Policy for Implementing Reductions.--Whenever the
Secretary of Defense directs that there be a reduction in the
total number of military medical personnel of the Department
of Defense, the Secretary shall require that the reduction be
carried out so as to ensure that the reduction is not
exclusively or disproportionatly borne by any one of the
armed forces and is not exclusively or disproportionatly
borne by either the active or the reserve components.
``(e) Definition.--In this section, the term `medical
personnel' means--
``(1) the members of the armed forces covered by the term
`medical personnel' as defined in section 115a(g)(2) of this
title; and
``(2) the civilian personnel of the Department of Defense
assigned to military medical facilities.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
129b the following new item:
``129c. Medical personnel: limitations on reductions.''.
(b) Special Transition Rule for Fiscal Year 1996.--For
purposes of applying subsection (b)(1) of section 129c of
title 10, United States Code, as added by subsection (a),
during fiscal year 1996, the number against which the
percentage limitation of 95 percent is computed shall be the
number of medical personnel of the Department of Defense as
of the end of fiscal year 1994 (rather than the number as of
the end of fiscal year 1995).
(c) Report on Planned Reductions.--(1) Not later than March
1, 1996, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a plan
for the reduction of the number of medical personnel of the
Department of Defense over the five-year period beginning on
October 1, 1996.
(2) The Secretary shall prepare the plan through the
Assistant Secretary of Defense having responsibility for
health affairs, who shall consult in the preparation of the
plan with the Surgeon General of the Army, the Surgeon
General of the Navy, and the Surgeon General of the Air
Force.
(3) For purposes of this subsection, the term ``medical
personnel of the Department of Defense'' shall have the
meaning given the term ``medical personnel'' in section
129c(e) of title 10, United States Code, as added by
subsection (a).
(d) Repeal of Superseded Provisions of Law.--The following
provisions of law are repealed:
(1) Section 711 of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 115 note).
(2) Subsection (b) of section 718 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 115 note).
(3) Section 518 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 12001
note).
SEC. 565. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES.
(a) Findings.--Congress makes the following findings:
(1) Excessively high personnel tempo rates for members of
the Armed Forces resulting from high-tempo unit operations
degrades unit readiness and morale and eventually can be
expected to adversely affect unit retention.
(2) The Armed Forces have begun to develop methods to
measure and manage personnel tempo rates.
(3) The Armed Forces have attempted to reduce operations
and personnel tempo for heavily tasked units by employing
alternative capabilities and reducing tasking requirements.
(b) Sense of Congress.--The Secretary of Defense should
continue to enhance the knowledge within the Armed Forces of
personnel tempo and to improve the techniques by which
personnel tempo is defined and managed with a view toward
establishing and achieving reasonable personnel tempo
standards for all personnel, regardless of service, unit, or
assignment.
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR
OFFICERS OF COMMISSIONED CORPS OF NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of
the Act of August 10, 1956 (33 U.S.C. 857a), is amended by
adding at the end the following new paragraph:
``(15) Section 1174a, special separation benefits (except
that benefits under subsection (b)(2)(B) of such section are
subject to the availability of appropriations for such
purpose and are provided at the discretion of the Secretary
of Commerce).''.
(b) Technical Corrections.--Such section is further
amended--
(1) by striking out ``Coast and Geodetic Survey'' in
subsections (a) and (b) and inserting in lieu thereof
``commissioned officer corps of the National Oceanic and
Atmospheric Administration''; and
(2) in subsection (a), by striking out ``including changes
in those rules made after the effective date of this Act'' in
the matter preceding paragraph (1) and inserting in lieu
thereof ``as those provisions are in effect from time to
time''.
(c) Temporary Early Retirement Authority.--Section 4403
(other than subsection (f)) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2702; 10 U.S.C. 1293 note) shall apply to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration in the same manner and to the same
extent as that section applies to the Department of Defense.
The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps
and shall apply the provisions of that section to the
provisions of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 relating to the retirement of members
of such commissioned officer corps.
(d) Effective Date.--This section shall apply only to
members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated
after September 30, 1995.
SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE
THE HIV-1 VIRUS.
(a) In General.--(1) Section 1177 of title 10, United
States Code, is amended to read as follows:
``Sec. 1177. Members infected with HIV-1 virus: mandatory
discharge or retirement
``(a) Mandatory Separation.--A member of the armed forces
who is HIV-positive shall be separated. Such separation shall
be made on a date determined by the Secretary concerned,
which shall be as soon as practicable after the date on which
the determination is made that the member is HIV-positive and
not later than the last day of the sixth month beginning
after such date.
``(b) Form of Separation.--If a member to be separated
under this section is eligible to retire under any provision
of law or to be transferred to the Fleet Reserve or Fleet
Marine Corps Reserve, the member shall be so retired or so
transferred. Otherwise, the member shall be discharged. The
characterization of the service of the member shall be
determined without regard to the determination that the
member is HIV-positive.
``(c) Deferral of Separation for Members in 18-Year
Retirement Sanctuary.--In the case of a member to be
discharged under this section who on the date on which the
member is to be discharged is within two years of qualifying
for retirement under any provision of law, or of qualifying
for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may, as
determined by the Secretary concerned, be retained on active
duty until the member is qualified for retirement or transfer
to the Fleet Reserve or Fleet Marine Corps Reserve, as the
case may be, and then be so retired or transferred, unless
the member is sooner retired or discharged under any other
provision of law.
[[Page 100]]
``(d) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``(e) Entitlement to Health Care.--A member separated under
this section shall be entitled to medical and dental care
under chapter 55 of this title to the same extent and under
the same conditions as a person who is entitled to such care
under section 1074(b) of this title.
``(f) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided
information, in writing, before such separation of the
available medical care (through the Department of Veterans
Affairs and otherwise) to treat the member's condition. Such
information shall include identification of specific medical
locations near the member's home of record or point of
discharge at which the member may seek necessary medical
care.
``(g) HIV-Positive Members.--A member shall be considered
to be HIV-positive for purposes of this section if there is
serologic evidence that the member is infected with the virus
known as Human Immunodeficiency Virus-1 (HIV-1), the virus
most commonly associated with the acquired immune deficiency
syndrome (AIDS) in the United States. Such serologic evidence
shall be considered to exist if there is a reactive result
given by an enzyme-linked immunosorbent assay (ELISA)
serologic test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate
samples. Any such serologic test must be one that is approved
by the Food and Drug Administration.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 59 of such title is
amended to read as follows:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as amended by subsection (a), applies with
respect to members of the Armed Forces determined to be HIV-
positive before, on, or after the date of the enactment of
this Act. In the case of a member of the Armed Forces
determined to be HIV-positive before such date, the deadline
for separation of the member under subsection (a) of such
section, as so amended, shall be determined from the date of
the enactment of this Act (rather than from the date of such
determination).
SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT
AND MILITARY CHILD CARE ACT.
(a) In General.--(1) Subtitle A of title 10, United States
Code, is amended by inserting after chapter 87 the following
new chapter:
``CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
``Subchapter Sec.
``I. Military Family Programs............................ 1781
``II. Military Child Care................................. 1791
``SUBCHAPTER I--MILITARY FAMILY PROGRAMS
``Sec.
``1781. Office of Family Policy.
``1782. Surveys of military families.
``1783. Family members serving on advisory committees.
``1784. Employment opportunities for military spouses.
``1785. Youth sponsorship program.
``1786. Dependent student travel within the United States.
``1787. Reporting of child abuse.
``Sec. 1781. Office of Family Policy
``(a) Establishment.--There is in the Office of the
Secretary of Defense an Office of Family Policy (hereinafter
in this section referred to as the `Office'). The Office
shall be under the Assistant Secretary of Defense for Force
Management and Personnel.
``(b) Duties.--The Office--
``(1) shall coordinate programs and activities of the
military departments to the extent that they relate to
military families; and
``(2) shall make recommendations to the Secretaries of the
military departments with respect to programs and policies
regarding military families.
``(c) Staff.--The Office shall have not less than five
professional staff members.
``Sec. 1782. Surveys of military families
``(a) Authority.--The Secretary of Defense may conduct
surveys of members of the armed forces on active duty or in
an active status, members of the families of such members,
and retired members of the armed forces to determine the
effectiveness of Federal programs relating to military
families and the need for new programs.
``(b) Responses To Be Voluntary.--Responses to surveys
conducted under this section shall be voluntary.
``(c) Federal Recordkeeping Requirements.--With respect to
such surveys, family members of members of the armed forces
and reserve and retired members of the armed forces shall be
considered to be employees of the United States for purposes
of section 3502(3)(A)(i) of title 44.
``Sec. 1783. Family members serving on advisory committees
``A committee within the Department of Defense which
advises or assists the Department in the performance of any
function which affects members of military families and which
includes members of military families in its membership shall
not be considered an advisory committee under section 3(2) of
the Federal Advisory Committee Act (5 U.S.C. App.) solely
because of such membership.
``Sec. 1784. Employment opportunities for military spouses
``(a) Authority.--The President shall order such measures
as the President considers necessary to increase employment
opportunities for spouses of members of the armed forces.
Such measures may include--
``(1) excepting, pursuant to section 3302 of title 5, from
the competitive service positions in the Department of
Defense located outside of the United States to provide
employment opportunities for qualified spouses of members of
the armed forces in the same geographical area as the
permanent duty station of the members; and
``(2) providing preference in hiring for positions in
nonappropriated fund activities to qualified spouses of
members of the armed forces stationed in the same
geographical area as the nonappropriated fund activity for
positions in wage grade UA-8 and below and equivalent
positions and for positions paid at hourly rates.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations--
``(1) to implement such measures as the President orders
under subsection (a);
``(2) to provide preference to qualified spouses of members
of the armed forces in hiring for any civilian position in
the Department of Defense if the spouse is among persons
determined to be best qualified for the position and if the
position is located in the same geographical area as the
permanent duty station of the member;
``(3) to ensure that notice of any vacant position in the
Department of Defense is provided in a manner reasonably
designed to reach spouses of members of the armed forces
whose permanent duty stations are in the same geographic area
as the area in which the position is located; and
``(4) to ensure that the spouse of a member of the armed
forces who applies for a vacant position in the Department of
Defense shall, to the extent practicable, be considered for
any such position located in the same geographic area as the
permanent duty station of the member.
``(c) Status of Preference Eligibles.--Nothing in this
section shall be construed to provide a spouse of a member of
the armed forces with preference in hiring over an individual
who is a preference eligible.
``Sec. 1785. Youth sponsorship program
``(a) Requirement.--The Secretary of Defense shall require
that there be at each military installation a youth
sponsorship program to facilitate the integration of
dependent children of members of the armed forces into new
surroundings when moving to that military installation as a
result of a parent's permanent change of station.
``(b) Description of Programs.--The program at each
installation shall provide for involvement of dependent
children of members presently stationed at the military
installation and shall be directed primarily toward children
in their preteen and teenage years.
``Sec. 1786. Dependent student travel within the United
States
``Funds available to the Department of Defense for the
travel and transportation of dependent students of members of
the armed forces stationed overseas may be obligated for
transportation allowances for travel within or between the
contiguous States.
``Sec. 1787. Reporting of child abuse
``(a) In General.--The Secretary of Defense shall request
each State to provide for the reporting to the Secretary of
any report the State receives of known or suspected instances
of child abuse and neglect in which the person having care of
the child is a member of the armed forces (or the spouse of
the member).
``(b) Definition.--In this section, the term `child abuse
and neglect' has the meaning provided in section 3(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5102).
``SUBCHAPTER II--MILITARY CHILD CARE
``Sec.
``1791. Funding for military child care.
``1792. Child care employees.
``1793. Parent fees.
``1794. Child abuse prevention and safety at facilities.
``1795. Parent partnerships with child development centers.
``1796. Subsidies for family home day care.
``1797. Early childhood education program.
``1798. Definitions.
``Sec. 1791. Funding for military child care
``It is the policy of Congress that the amount of
appropriated funds available during a fiscal year for
operating expenses for military child development centers and
programs shall be not less than the amount of child care fee
receipts that are estimated to be received by the Department
of Defense during that fiscal year.
``Sec. 1792. Child care employees
``(a) Required Training.--(1) The Secretary of Defense
shall prescribe regulations implementing, a training program
for child care employees. Those regulations shall apply
uniformly among the military departments. Subject to
paragraph (2), satisfactory completion of the training
program shall be a condition of employment of any person as a
child care employee.
``(2) Under those regulations, the Secretary shall require
that each child care employee complete the training program
not later than six months after the date on which the
[[Page 101]]
employee is employed as a child care employee.
``(3) The training program established under this
subsection shall cover, at a minimum, training in the
following:
``(A) Early childhood development.
``(B) Activities and disciplinary techniques appropriate to
children of different ages.
``(C) Child abuse prevention and detection.
``(D) Cardiopulmonary resuscitation and other emergency
medical procedures.
``(b) Training and Curriculum Specialists.--(1) The
Secretary of Defense shall require that at least one employee
at each military child development center be a specialist in
training and curriculum development. The Secretary shall
ensure that such employees have appropriate credentials and
experience.
``(2) The duties of such employees shall include the
following:
``(A) Special teaching activities at the center.
``(B) Daily oversight and instruction of other child care
employees at the center.
``(C) Daily assistance in the preparation of lesson plans.
``(D) Assistance in the center's child abuse prevention and
detection program.
``(E) Advising the director of the center on the
performance of other child care employees.
``(3) Each employee referred to in paragraph (1) shall be
an employee in a competitive service position.
``(c) Competitive Rates of Pay.--For the purpose of
providing military child development centers with a qualified
and stable civilian workforce, employees at a military
installation who are directly involved in providing child
care and are paid from nonappropriated funds--
``(1) in the case of entry-level employees, shall be paid
at rates of pay competitive with the rates of pay paid to
other entry-level employees at that installation who are
drawn from the same labor pool; and
``(2) in the case of other employees, shall be paid at
rates of pay substantially equivalent to the rates of pay
paid to other employees at that installation with similar
training, seniority, and experience.
``(d) Employment Preference Program for Military Spouses.--
(1) The Secretary of Defense shall conduct a program under
which qualified spouses of members of the armed forces shall
be given a preference in hiring for the position of child
care employee in a position paid from nonappropriated funds
if the spouse is among persons determined to be best
qualified for the position.
``(2) A spouse who is provided a preference under this
subsection at a military child development center may not be
precluded from obtaining another preference, in accordance
with section 1794 of this title, in the same geographic area
as the military child development center.
``(e) Competitive Service Position Defined.--In this
section, the term `competitive service position' means a
position in the competitive service, as defined in section
2102(a)(1) of title 5.
``Sec. 1793. Parent fees
``(a) In General.--The Secretary of Defense shall prescribe
regulations establishing fees to be charged parents for the
attendance of children at military child development centers.
Those regulations shall be uniform for the military
departments and shall require that, in the case of children
who attend the centers on a regular basis, the fees shall be
based on family income.
``(b) Local Waiver Authority.--The Secretary of Defense may
provide authority to installation commanders, on a case-by-
case basis, to establish fees for attendance of children at
child development centers at rates lower than those
prescribed under subsection (a) if the rates prescribed under
subsection (a) are not competitive with rates at local non-
military child development centers.
``Sec. 1794. Child abuse prevention and safety at facilities
``(a) Child Abuse Task Force.--The Secretary of Defense
shall maintain a special task force to respond to allegations
of widespread child abuse at a military installation. The
task force shall be composed of personnel from appropriate
disciplines, including, where appropriate, medicine,
psychology, and childhood development. In the case of such
allegations, the task force shall provide assistance to the
commander of the installation, and to parents at the
installation, in helping them to deal with such allegations.
``(b) National Hotline.--(1) The Secretary of Defense shall
maintain a national telephone number for persons to use to
report suspected child abuse or safety violations at a
military child development center or family home day care
site. The Secretary shall ensure that such reports may be
made anonymously if so desired by the person making the
report. The Secretary shall establish procedures for
following up on complaints and information received over that
number.
``(2) The Secretary shall publicize the existence of the
number.
``(c) Assistance From Local Authorities.--The Secretary of
Defense shall prescribe regulations requiring that, in a case
of allegations of child abuse at a military child development
center or family home day care site, the commander of the
military installation or the head of the task force
established under subsection (a) shall seek the assistance of
local child protective authorities if such assistance is
available.
``(d) Safety Regulations.--The Secretary of Defense shall
prescribe regulations on safety and operating procedures at
military child development centers. Those regulations shall
apply uniformly among the military departments.
``(e) Inspections.--The Secretary of Defense shall require
that each military child development center be inspected not
less often than four times a year. Each such inspection shall
be unannounced. At least one inspection a year shall be
carried out by a representative of the installation served by
the center, and one inspection a year shall be carried out by
a representative of the major command under which that
installation operates.
``(f) Remedies for Violations.--(1) Except as provided in
paragraph (2), any violation of a safety, health, or child
welfare law or regulation (discovered at an inspection or
otherwise) at a military child development center shall be
remedied immediately.
``(2) In the case of a violation that is not life
threatening, the commander of the major command under which
the installation concerned operates may waive the requirement
that the violation be remedied immediately for a period of up
to 90 days beginning on the date of the discovery of the
violation. If the violation is not remedied as of the end of
that 90-day period, the military child development center
shall be closed until the violation is remedied. The
Secretary of the military department concerned may waive the
preceding sentence and authorize the center to remain open in
a case in which the violation cannot reasonably be remedied
within that 90-day period or in which major facility
reconstruction is required.
``Sec. 1795. Parent partnerships with child development
centers
``(a) Parent Boards.--The Secretary of Defense shall
require that there be established at each military child
development center a board of parents, to be composed of
parents of children attending the center. The board shall
meet periodically with staff of the center and the commander
of the installation served by the center for the purpose of
discussing problems and concerns. The board, together with
the staff of the center, shall be responsible for
coordinating the parent participation program described in
subsection (b).
``(b) Parent Participation Programs.--The Secretary of
Defense shall require the establishment of a parent
participation program at each military child development
center. As part of such program, the Secretary of Defense may
establish fees for attendance of children at such a center,
in the case of parents who participate in the parent
participation program at that center, at rates lower than the
rates that otherwise apply.
``Sec. 1796. Subsidies for family home day care
``The Secretary of Defense may use appropriated funds
available for military child care purposes to provide
assistance to family home day care providers so that family
home day care services can be provided to members of the
armed forces at a cost comparable to the cost of services
provided by military child development centers. The Secretary
shall prescribe regulations for the provision of such
assistance.
``Sec. 1797. Early childhood education program
``The Secretary of Defense shall require that all military
child development centers meet standards of operation
necessary for accreditation by an appropriate national early
childhood programs accrediting body.
``Sec. 1798. Definitions
``In this subchapter:
``(1) The term `military child development center' means a
facility on a military installation (or on property under the
jurisdiction of the commander of a military installation) at
which child care services are provided for members of the
armed forces or any other facility at which such child care
services are provided that is operated by the Secretary of a
military department.
``(2) The term `family home day care' means home-based
child care services that are provided for members of the
armed forces by an individual who (A) is certified by the
Secretary of the military department concerned as qualified
to provide those services, and (B) provides those services on
a regular basis for compensation.
``(3) The term `child care employee' means a civilian
employee of the Department of Defense who is employed to work
in a military child development center (regardless of whether
the employee is paid from appropriated funds or
nonappropriated funds).
``(4) The term `child care fee receipts' means those
nonappropriated funds that are derived from fees paid by
members of the armed forces for child care services provided
at military child development centers.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 87 the following new item:
``88. Military Family Programs and Military Child Care......1781''.....
(b) Report on Five-Year Demand for Child Care.--(1) Not
later than the date of the submission of the budget for
fiscal year 1997 pursuant to section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to
Congress a report on the expected demand for child care by
military and civilian personnel of the Department of Defense
during fiscal years 1997 through 2001.
(2) The report shall include--
(A) a plan for meeting the expected child care demand
identified in the report; and
[[Page 102]]
(B) an estimate of the cost of implementing that plan.
(3) The report shall also include a description of methods
for monitoring family home day care programs of the military
departments.
(c) Plan for Implementation of Accreditation Requirement.--
The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a plan for carrying
out the requirements of section 1787 of title 10, United
States Code, as added by subsection (a). The plan shall be
submitted not later than April 1, 1997.
(d) Continuation of Delegation of Authority With Respect to
Hiring Preference for Qualified Military Spouses.--The
provisions of Executive Order No. 12568, issued October 2,
1986 (10 U.S.C. 113 note), shall apply as if the reference in
that Executive order to section 806(a)(2) of the Department
of Defense Authorization Act of 1986 refers to section 1784
of title 10, United States Code, as added by subsection (a).
(e) Repealer.--The following provisions of law are
repealed:
(1) The Military Family Act of 1985 (title VIII of Public
Law 99-145; 10 U.S.C. 113 note).
(2) The Military Child Care Act of 1989 (title XV of Public
Law 101-189; 10 U.S.C. 113 note).
SEC. 569. DETERMINATION OF WHEREABOUTS AND STATUS OF MISSING
PERSONS.
(a) Purpose.--The purpose of this section is to ensure that
any member of the Armed Forces (and any Department of Defense
civilian employee or contractor employee who serves with or
accompanies the Armed Forces in the field under orders) who
becomes missing or unaccounted for is ultimately accounted
for by the United States and, as a general rule, is not
declared dead solely because of the passage of time.
(b) In General.--(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter 75
the following new chapter:
``CHAPTER 76--MISSING PERSONS
``Sec.
``1501. System for accounting for missing persons.
``1502. Missing persons: initial report.
``1503. Actions of Secretary concerned; initial board inquiry.
``1504. Subsequent board of inquiry.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Judicial review.
``1509. Preenactment, special interest cases.
``1510. Applicability to Coast Guard.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
``(a) Office for Missing Personnel.--(1) The Secretary of
Defense shall establish within the Office of the Secretary of
Defense an office to have responsibility for Department of
Defense policy relating to missing persons. Subject to the
authority, direction, and control of the Secretary of
Defense, the responsibilities of the office shall include--
``(A) policy, control, and oversight within the Department
of Defense of the entire process for investigation and
recovery related to missing persons (including matters
related to search, rescue, escape, and evasion); and
``(B) coordination for the Department of Defense with other
departments and agencies of the United States on all matters
concerning missing persons.
``(2) In carrying out the responsibilities of the office
established under this subsection, the head of the office
shall be responsible for the coordination for such purposes
within the Department of Defense among the military
departments, the Joint Staff, and the commanders of the
combatant commands.
``(3) The office shall establish policies, which shall
apply uniformly throughout the Department of Defense, for
personnel recovery (including search, rescue, escape, and
evasion).
``(4) The office shall establish procedures to be followed
by Department of Defense boards of inquiry, and by officials
reviewing the reports of such boards, under this chapter.
``(b) Uniform DOD Procedures.--(1) The Secretary of Defense
shall prescribe procedures, to apply uniformly throughout the
Department of Defense, for--
``(A) the determination of the status of persons described
in subsection (c); and
``(B) for the systematic, comprehensive, and timely
collection, analysis, review, dissemination, and periodic
update of information related to such persons.
``(2) Such procedures may provide for the delegation by the
Secretary of Defense of any responsibility of the Secretary
under this chapter to the Secretary of a military department.
``(3) Such procedures shall be prescribed in a single
directive applicable to all elements of the Department of
Defense.
``(4) As part of such procedures, the Secretary may provide
for the extension, on a case-by-case basis, of any time limit
specified in section 1502, 1503, or 1504 of this title. Any
such extension may not be for a period in excess of the
period with respect to which the extension is provided.
Subsequent extensions may be provided on the same basis.
``(c) Covered Persons.--Section 1502 of this title applies
in the case of the following persons:
``(1) Any member of the armed forces on active duty who
becomes involuntarily absent as a result of a hostile action,
or under circumstances suggesting that the involuntary
absence is a result of a hostile action, and whose status is
undetermined or who is unaccounted for.
``(2) Any civilian employee of the Department of Defense,
and any employee of a contractor of the Department of
Defense, who serves with or accompanies the armed forces in
the field under orders who becomes involuntarily absent as a
result of a hostile action, or under circumstances suggesting
that the involuntary absence is a result of a hostile action,
and whose status is undetermined or who is unaccounted for.
``(d) Primary Next of Kin.--The individual who is primary
next of kin of any person prescribed in subsection (c) may
for purposes of this chapter designate another individual to
act on behalf of that individual as primary next of kin. The
Secretary concerned shall treat an individual so designated
as if the individual designated were the primary next of kin
for purposes of this chapter. A designation under this
subsection may be revoked at any time by the person who made
the designation.
``(e) Termination of Applicability of Procedures When
Missing Person Is Accounted for.--The provisions of this
chapter relating to boards of inquiry and to the actions by
the Secretary concerned on the reports of those boards shall
cease to apply in the case of a missing person upon the
person becoming accounted for or otherwise being determined
to be in a status other than missing.
``(f) Secretary Concerned.--In this chapter, the term
`Secretary concerned' includes, in the case of a civilian
employee of the Department of Defense or contractor of the
Department of Defense, the Secretary of the military
department or head of the element of the Department of
Defense employing the employee or contracting with the
contractor, as the case may be.
``Sec. 1502. Missing persons: initial report
``(a) Preliminary Assessment and Recommendation by
Commander.--After receiving information that the whereabouts
and status of a person described in section 1501(c) of this
title is uncertain and that the absence of the person may be
involuntary, the commander of the unit, facility, or area to
or in which the person is assigned shall make a preliminary
assessment of the circumstances. If, as a result of that
assessment, the commander concludes that the person is
missing, the commander shall--
``(1) recommend that the person be placed in a missing
status; and
``(2) not later than 48 hours after receiving such
information, transmit a report containing that recommendation
to the theater component commander with jurisdiction over the
missing person in accordance with procedures prescribed under
section 1501(b) of this title.
``(b) Transmission Through Theater Component Commander.--
Upon reviewing a report under subsection (a) recommending
that a person be placed in a missing status, the theater
component commander shall ensure that all necessary actions
are being taken, and all appropriate assets are being used,
to resolve the status of the missing person. Not later than
14 days after receiving the report, the theater component
commander shall forward the report to the Secretary of
Defense or the Secretary concerned in accordance with
procedures prescribed under section 1501(b) of this title.
The theater component commander shall include with such
report a certification that all necessary actions are being
taken, and all appropriate assets are being used, to resolve
the status of the missing person.
``(c) Safeguarding and Forwarding of Records.--A commander
making a preliminary assessment under subsection (a) with
respect to a missing person shall (in accordance with
procedures prescribed under section 1501 of this title)
safeguard and forward for official use any information
relating to the whereabouts and status of the missing person
that results from the preliminary assessment or from actions
taken to locate the person. The theater component commander
through whom the report with respect to the missing person is
transmitted under subsection (b) shall ensure that all
pertinent information relating to the whereabouts and status
of the missing person that results from the preliminary
assessment or from actions taken to locate the person is
properly safeguarded to avoid loss, damage, or modification.
``Sec. 1503. Actions of Secretary concerned; initial board
inquiry
``(a) Determination by Secretary.--Upon receiving a
recommendation under section 1502(b) of this title that a
person be placed in a missing status, the Secretary receiving
the recommendation shall review the recommendation and, not
later than 10 days after receiving such recommendation, shall
appoint a board under this section to conduct an inquiry into
the whereabouts and status of the person.
``(b) Inquiries Involving More Than One Missing Person.--If
it appears to the Secretary who appoints a board under this
section that the absence or missing status of two or more
persons is factually related, the Secretary may appoint a
single board under this section to conduct the inquiry into
the whereabouts and status of all such persons.
``(c) Composition.--(1) A board appointed under this
section to inquire into the where
[[Page 103]]
abouts and status of a person shall consist of at least one
individual described in paragraph (2) who has experience with
and understanding of military operations or activities
similar to the operation or activity in which the person
disappeared.
``(2) An individual referred to in paragraph (1) is the
following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the Department of Defense or of a
contractor of the Department of Defense.
``(3) An individual may be appointed as a member of a board
under this section only if the individual has a security
clearance that affords the individual access to all
information relating to the whereabouts and status of the
missing persons covered by the inquiry.
``(4) A Secretary appointing a board under this subsection
shall, for purposes of providing legal counsel to the board,
assign to the board a judge advocate, or appoint to the board
an attorney, who has expertise in the law relating to missing
persons, the determination of death of such persons, and the
rights of family members and dependents of such persons.
``(d) Duties of Board.--A board appointed to conduct an
inquiry into the whereabouts and status of a missing person
under this section shall--
``(1) collect, develop, and investigate all facts and
evidence relating to the disappearance or whereabouts and
status of the person;
``(2) collect appropriate documentation of the facts and
evidence covered by the board's investigation;
``(3) analyze the facts and evidence, make findings based
on that analysis, and draw conclusions as to the current
whereabouts and status of the person; and
``(4) with respect to each person covered by the inquiry,
recommend to the Secretary who appointed the board that--
``(A) the person be placed in a missing status; or
``(B) the person be declared to have deserted, to be absent
without leave, or (subject to the requirements of section
1507 of this title) to be dead.
``(e) Board Proceedings.--During the proceedings of an
inquiry under this section, a board shall--
``(1) collect, record, and safeguard all facts, documents,
statements, photographs, tapes, messages, maps, sketches,
reports, and other information (whether classified or
unclassified) relating to the whereabouts and status of each
person covered by the inquiry;
``(2) gather information relating to actions taken to find
the person, including any evidence of the whereabouts and
status of the person arising from such actions; and
``(3) maintain a record of its proceedings.
``(f) Counsel for Missing Person.--(1) The Secretary
appointing a board to conduct an inquiry under this section
shall appoint counsel to represent each person covered by the
inquiry or, in a case covered by subsection (b), one counsel
to represent all persons covered by the inquiry. Counsel
appointed under this paragraph may be referred to as `missing
person's counsel' and represents the interests of the person
covered by the inquiry (and not any member of the person's
family or other interested parties).
``(2) To be appointed as a missing person's counsel, a
person must--
``(A) have the qualifications specified in section 827(b)
of this title (article 27(b) of the Uniform Code of Military
Justice) for trial counsel or defense counsel detailed for a
general court-martial;
``(B) have a security clearance that affords the counsel
access to all information relating to the whereabouts and
status of the person or persons covered by the inquiry; and
``(C) have expertise in the law relating to missing
persons, the determination of the death of such persons, and
the rights of family members and dependents of such persons.
``(3) A missing person's counsel--
``(A) shall have access to all facts and evidence
considered by the board during the proceedings under the
inquiry for which the counsel is appointed;
``(B) shall observe all official activities of the board
during such proceedings;
``(C) may question witnesses before the board; and
``(D) shall monitor the deliberations of the board.
``(4) A missing person's counsel shall assist the board in
ensuring that all appropriate information concerning the case
is collected, logged, filed, and safeguarded.
``(5) A missing person's counsel shall review the report of
the board under subsection (h) and submit to the Secretary
concerned who appointed the board an independent review of
that report. That review shall be made an official part of
the record of the board.
``(g) Access to Proceedings.--The proceedings of a board
during an inquiry under this section shall be closed to the
public (including, with respect to the person covered by the
inquiry, the primary next of kin, other members of the
immediate family, and any other previously designated person
of the person).
``(h) Report.--(1) A board appointed under this section
shall submit to the Secretary who appointed the board a
report on the inquiry carried out by the board. The report
shall include--
``(A) a discussion of the facts and evidence considered by
the board in the inquiry;
``(B) the recommendation of the board under subsection (d)
with respect to each person covered by the report; and
``(C) disclosure of whether classified documents and
information were reviewed by the board or were otherwise used
by the board in forming recommendations under subparagraph
(B).
``(2) A board shall submit a report under this subsection
with respect to the inquiry carried out by the board not
later than 30 days after the date of the appointment of the
board to carry out the inquiry. The report may include a
classified annex.
``(3) The Secretary of Defense shall prescribe procedures
for the release of a report submitted under this subsection
with respect to a missing person. Such procedures shall
provide that the report may not be made public (except as
provided for in subsection (j)) until one year after the date
on which the report is submitted.
``(i) Determination by Secretary.--(1) Not later than 30
days after receiving a report from a board under subsection
(h), the Secretary receiving the report shall review the
report.
``(2) In reviewing a report under paragraph (1), the
Secretary shall determine whether or not the report is
complete and free of administrative error. If the Secretary
determines that the report is incomplete, or that the report
is not free of administrative error, the Secretary may return
the report to the board for further action on the report by
the board.
``(3) Upon a determination by the Secretary that a report
reviewed under this subsection is complete and free of
administrative error, the Secretary shall make a
determination concerning the status of each person covered by
the report, including whether the person shall--
``(A) be declared to be missing;
``(B) be declared to have deserted;
``(C) be declared to be absent without leave; or
``(D) be declared to be dead.
``(j) Report to Family Members and Other Interested
Persons.--Not later than 30 days after the date on which the
Secretary concerned makes a determination of the status of a
person under subsection (i), the Secretary shall take
reasonable actions to--
``(1) provide to the primary next of kin, the other members
of the immediate family, and any other previously designated
person of the person--
``(A) an unclassified summary of the unit commander's
report with respect to the person under section 1502(a) of
this title; and
``(B) the report of the board (including the names of the
members of the board) under subsection (h); and
``(2) inform each individual referred to in paragraph (1)
that the United States will conduct a subsequent inquiry into
the whereabouts and status of the person on or about one year
after the date of the first official notice of the
disappearance of the person, unless information becomes
available sooner that may result in a change in status of the
person.
``(k) Treatment of Determination.--Any determination of the
status of a missing person under subsection (i) shall be
treated as the determination of the status of the person by
all departments and agencies of the United States.
``Sec. 1504. Subsequent board of inquiry
``(a) Additional Board.--If information that may result in
a change of status of a person covered by a determination
under section 1503(i) of this title becomes available within
one year after the date of the transmission of a report with
respect to the person under section 1502(a)(2) of this title,
the Secretary concerned shall appoint a board under this
section to conduct an inquiry into the information.
``(b) Date of Appointment.--The Secretary concerned shall
appoint a board under this section to conduct an inquiry into
the whereabouts and status of a missing person on or about
one year after the date of the transmission of a report
concerning the person under section 1502(a)(2) of this title.
``(c) Combined Inquiries.--If it appears to the Secretary
concerned that the absence or status of two or more persons
is factually related, the Secretary may appoint one board
under this section to conduct the inquiry into the
whereabouts and status of such persons.
``(d) Composition.--(1) A board appointed under this
section shall be composed of at least three members as
follows:
``(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major
or lieutenant commander or above.
``(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of
the Department of Defense or contractors of the Department of
Defense (and no members of the armed forces), the board shall
be composed of--
``(i) not less than three employees of the Department of
Defense whose rate of annual pay is equal to or greater than
the rate of annual pay payable for grade GS-13 of the General
Schedule under section 5332 of title 5; and
``(ii) such members of the armed forces as the Secretary
considers advisable.
``(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the
armed forces and one or more civilians described in
subparagraph (B)--
[[Page 104]]
``(i) the board shall include at least one officer
described in subparagraph (A) and at least one employee of
the Department of Defense described in subparagraph (B)(i);
and
``(ii) the ratio of such officers to such employees on the
board shall be roughly proportional to the ratio of the
number of members of the armed forces who are subjects of the
board's inquiry to the number of civilians who are subjects
of the board's inquiry.
``(2) The Secretary concerned shall designate one member of
a board appointed under this section as president of the
board. The president of the board shall have a security
clearance that affords the president access to all
information relating to the whereabouts and status of each
person covered by the inquiry.
``(3) One member of each board appointed under this
subsection shall be an individual who--
``(A) has an occupational specialty similar to that of one
or more of the persons covered by the inquiry; and
``(B) has an understanding of and expertise in the type of
official activities that one or more such persons were
engaged in at the time such person or persons disappeared.
``(4) The Secretary who appoints a board under this
subsection shall, for purposes of providing legal counsel to
the board, assign to the board a judge advocate, or appoint
to the board an attorney, with the same qualifications as
specified in section 1503(c)(4) of this title.
``(e) Duties of Board.--A board appointed under this
section to conduct an inquiry into the whereabouts and status
of a person shall--
``(1) review the reports with respect to the person
transmitted under section 1502(a)(2) of this title and
submitted under section 1503(h) of this title;
``(2) collect and evaluate any document, fact, or other
evidence with respect to the whereabouts and status of the
person that has become available since the determination of
the status of the person under section 1503 of this title;
``(3) draw conclusions as to the whereabouts and status of
the person;
``(4) determine on the basis of the activities under
paragraphs (1) and (2) whether the status of the person
should be continued or changed; and
``(5) submit to the Secretary concerned a report describing
the findings and conclusions of the board, together with a
recommendation for a determination by the Secretary
concerning the whereabouts and status of the person.
``(f) Counsel for Missing Persons.--(1) When the Secretary
concerned appoints a board to conduct an inquiry under this
section, the Secretary shall appoint counsel to represent
each person covered by the inquiry.
``(2) A person appointed as counsel under this subsection
shall meet the qualifications and have the duties set forth
in section 1503(f) of this title for a missing person's
counsel appointed under that section.
``(3) The review of the report of a board on an inquiry
that is submitted by such counsel shall be made an official
part of the record of the board with respect to the inquiry.
``(g) Attendance of Family Members and Certain Other
Interested Persons at Proceedings.--(1) With respect to any
person covered by an inquiry under this section, the primary
next of kin, other members of the immediate family, and any
other previously designated person of the person may attend
the proceedings of the board during the inquiry.
``(2) The Secretary concerned shall take reasonable actions
to notify each individual referred to in paragraph (1) of the
opportunity to attend the proceedings of a board. Such notice
shall be provided not less than 60 days before the first
meeting of the board.
``(3) An individual who receives notice under paragraph (2)
shall notify the Secretary of the intent, if any, of that
individual to attend the proceedings of the board not later
than 21 days after the date on which the individual receives
the notice.
``(4) Each individual who notifies the Secretary under
paragraph (3) of the individual's intent to attend the
proceedings of the board--
``(A) in the case of an individual who is the primary next
of kin or the previously designated person, may attend the
proceedings of the board with private counsel;
``(B) shall have access to the personnel file of the
missing person, to unclassified reports, if any, of the board
appointed under section 1503 of this title to conduct the
inquiry into the whereabouts and status of the person, and to
any other unclassified information or documents relating to
the whereabouts and status of the person;
``(C) shall be afforded the opportunity to present
information at the proceedings of the board that such
individual considers to be relevant to those proceedings; and
``(D) subject to paragraph (5), shall be given the
opportunity to submit in writing an objection to any
recommendation of the board under subsection (i) as to the
status of the missing person.
``(5)(A) Individuals who wish to file objections under
paragraph (4)(D) to any recommendation of the board shall--
``(i) submit a letter of intent to the president of the
board not later than 15 days after the date on which the
recommendations are made; and
``(ii) submit to the president of the board the objections
in writing not later than 30 days after the date on which the
recommendations are made.
``(B) The president of a board shall include any objections
to a recommendation of the board that are submitted to the
president of the board under subparagraph (A) in the report
of the board containing the recommendation under subsection
(i).
``(6) An individual referred to in paragraph (1) who
attends the proceedings of a board under this subsection
shall not be entitled to reimbursement by the United States
for any costs (including travel, lodging, meals, local
transportation, legal fees, transcription costs, witness
expenses, and other expenses) incurred by that individual in
attending such proceedings.
``(h) Availability of Information to Boards.--(1) In
conducting proceedings in an inquiry under this section, a
board may secure directly from any department or agency of
the United States any information that the board considers
necessary in order to conduct the proceedings.
``(2) Upon written request from the president of a board,
the head of a department or agency of the United States shall
release information covered by the request to the board. In
releasing such information, the head of the department or
agency shall--
``(A) declassify to an appropriate degree classified
information; or
``(B) release the information in a manner not requiring the
removal of markings indicating the classified nature of the
information.
``(3)(A) If a request for information under paragraph (2)
covers classified information that cannot be declassified, or
if the classification markings cannot be removed before
release from the information covered by the request, or if
the material cannot be summarized in a manner that prevents
the release of classified information, the classified
information shall be made available only to the president of
the board making the request and the counsel for the missing
person appointed under subsection (f).
``(B) The president of a board shall close to persons who
do not have appropriate security clearances the proceeding of
the board at which classified information is discussed.
Participants at a proceeding of a board at which classified
information is discussed shall comply with all applicable
laws and regulations relating to the disclosure of classified
information. The Secretary concerned shall assist the
president of a board in ensuring that classified information
is not compromised through board proceedings.
``(i) Recommendation on Status.--(1) Upon completion of an
inquiry under this subsection, a board shall make a
recommendation as to the current whereabouts and status of
each missing person covered by the inquiry.
``(2) A board may not recommend under paragraph (1) that a
person be declared dead unless in making the recommendation
the board complies with section 1507 of this title.
``(j) Report.--A board appointed under this section shall
submit to the Secretary concerned a report on the inquiry
carried out by the board, together with the evidence
considered by the board during the inquiry. The report may
include a classified annex.
``(k) Actions by Secretary Concerned.--(1) Not later than
30 days after the receipt of a report from a board under
subsection (j), the Secretary shall review--
``(A) the report;
``(B) the review of the report submitted to the Secretary
under subsection (f)(3) by the counsel for each person
covered by the report; and
``(C) the objections, if any, to the report submitted to
the president of the board under subsection (g)(5).
``(2) In reviewing a report under paragraph (1) (including
the objections described in subparagraph (C) of that
paragraph), the Secretary concerned shall determine whether
or not the report is complete and free of administrative
error. If the Secretary determines that the report is
incomplete, or that the report is not free of administrative
error, the Secretary may return the report to the board for
further action on the report by the board.
``(3) Upon a determination by the Secretary that a report
reviewed under this subsection is complete and free of
administrative error, the Secretary shall make a
determination concerning the status of each person covered by
the report.
``(l) Report to Family Members and Other Interested
Persons.--Not later than 60 days after the date on which the
Secretary concerned makes a determination with respect to a
missing person under subsection (k), the Secretary shall--
``(1) provide the report reviewed by the Secretary in
making the determination to the primary next of kin, the
other members of the immediate family, and any other
previously designated person of the person; and
``(2) in the case of a person who continues to be in a
missing status, inform each individual referred to in
paragraph (1) that the United States will conduct a further
investigation into the whereabouts and status of the person
as specified in section 1505 of this title.
``(m) Treatment of Determination.--Any determination of the
status of a missing person under subsection (k) shall
supersede the determination of the status of the person under
section 1503 of this title and shall be treated as the
determination of the status of the person by all departments
and agencies of the United States.
``Sec. 1505. Further review
``(a) Subsequent Review.--The Secretary concerned shall
conduct subsequent inquiries
[[Page 105]]
into the whereabouts and status of any person determined by
the Secretary under section 1504 of this title to be in a
missing status.
``(b) Frequency of Subsequent Reviews.--(1) In the case of
a missing person who was last known to be alive or who was
last suspected of being alive, the Secretary shall appoint a
board to conduct an inquiry with respect to a person under
this
subsection--
``(A) on or about three years after the date of the initial
report of the disappearance of the person under section
1502(a) of this title; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph
(1), the Secretary shall appoint a board to conduct an
inquiry with respect to a missing person under this
subsection upon receipt of information that could result in a
change of status of the missing person. When the Secretary
appoints a board under this paragraph, the time for
subsequent appointments of a board under paragraph (1)(B)
shall be determined from the date of the receipt of such
information.
``(3) The Secretary is not required to appoint a board
under paragraph (1) with respect to the disappearance of any
person--
``(A) more than 30 years after the initial report of the
disappearance of the missing person required by section 1502
of this title; or
``(B) if, before the end of such 30-year period, the
missing person is accounted for.
``(c) Action Upon Discovery or Receipt of Information.--(1)
Whenever any United States intelligence agency or other
element of the Government finds or receives information that
may be related to a missing person, the information shall
promptly be forwarded to the office established under section
1501 of this title.
``(2) Upon receipt of information under paragraph (1), the
head of the office established under section 1501 of this
title shall as expeditiously as possible ensure that the
information is added to the appropriate case file for that
missing person and notify (A) the designated missing person's
counsel for that person, and (B) the primary next of kin and
any previously designated person for the missing person of
the existence of that information.
``(3) The head of the office established under section 1501
of this title, with the advice of the missing person's
counsel notified under paragraph (2), shall determine whether
the information is significant enough to require a board
review under this section.
``(d) Conduct of Proceedings.--If it is determined that
such a board should be appointed, the appointment of, and
activities before, a board appointed under this section shall
be governed by the provisions of section 1504 of this title
with respect to a board appointed under that section.
``Sec. 1506. Personnel files
``(a) Information in Files.--Except as provided in
subsections (b), (c), and (d), the Secretary concerned shall,
to the maximum extent practicable, ensure that the personnel
file of a missing person contains all information in the
possession of the United States relating to the disappearance
and whereabouts and status of the person.
``(b) Classified Information.--The Secretary concerned may
withhold classified information from a personnel file under
this section. If the Secretary concerned withholds classified
information from a personnel file, the Secretary shall ensure
that the file contains the following:
``(1) A notice that the withheld information exists.
``(2) A notice of the date of the most recent review of the
classification of the withheld information.
``(c) Protection of Privacy.--The Secretary concerned shall
maintain personnel files under this section, and shall permit
disclosure of or access to such files, in accordance with the
provisions of section 552a of title 5 and with other
applicable laws and regulations pertaining to the privacy of
the persons covered by the files.
``(d) Privileged Information.--(1) The Secretary concerned
shall withhold from personnel files under this section, as
privileged information, debriefing reports provided by
missing persons returned to United States control which are
obtained under a promise of confidentiality made for the
purpose of ensuring the fullest possible disclosure of
information.
``(2) If a debriefing report contains non-derogatory
information about the status and whereabouts of a missing
person other than the source of the debriefing report, the
Secretary concerned shall prepare an extract of the non-
derogatory information. That extract, following a review by
the source of the debriefing report, shall be placed in the
personnel file of the missing person in such a manner as to
protect the identity of the source providing the information.
``(3) Whenever the Secretary concerned withholds a
debriefing report from a personnel file under this
subsection, the Secretary shall ensure that the file contains
a notice that withheld information exists.
``(e) Wrongful Withholding.--Except as provided in
subsections (a) through (d), any person who knowingly and
willfully withholds from the personnel file of a missing
person any information relating to the disappearance or
whereabouts and status of a missing person shall be fined as
provided in title 18 or imprisoned not more than one year, or
both.
``(f) Availability of Information.--The Secretary concerned
shall, upon request, make available the contents of the
personnel file of a missing person to the primary next of
kin, the other members of the immediate family, or any other
previously designated person of the person.
``Sec. 1507. Recommendation of status of death
``(a) Requirements Relating to Recommendation.--A board
appointed under section 1503, 1504, or 1505 of this title may
not recommend that a person be declared dead unless--
``(1) credible evidence exists to suggest that the person
is dead;
``(2) the United States possesses no credible evidence that
suggests that the person is alive; and
``(3) representatives of the United States--
``(A) have made a complete search of the area where the
person was last seen (unless, after making a good faith
effort to obtain access to such area, such representatives
are not granted such access); and
``(B) have examined the records of the government or entity
having control over the area where the person was last seen
(unless, after making a good faith effort to obtain access to
such records, such representatives are not granted such
access).
``(b) Submittal of Information on Death.--If a board
appointed under section 1503, 1504, or 1505 of this title
makes a recommendation that a missing person be declared
dead, the board shall include in the report of the board with
respect to the person under that section the following:
``(1) A detailed description of the location where the
death occurred.
``(2) A statement of the date on which the death occurred.
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that the body
recovered is that of the missing person.
``Sec. 1508. Judicial review
``(a) Right of Review.--A person who is the primary next of
kin (or the previously designated person) of a person who is
the subject of a finding described in subsection (b) may
obtain judicial review in a United States district court of
that finding, but only on the basis of a claim that there is
information that could affect the status of the missing
person's case that was not adequately considered during the
administrative review process under this chapter. Any such
review shall be as provided in section 706 of title 5.
``(b) Findings for Which Judicial Review May be Sought.--
Subsection (a) applies to the following findings:
``(1) A finding by a board appointed under section 1504 or
1505 of this title that a missing person is dead.
``(2) A finding by a board appointed under section 1509 of
this title that confirms that a missing person formerly
declared dead is in fact dead.
``(c) Subsequent Review.--Appeals from a decision of the
district court shall be taken to the appropriate United
States court of appeals and to the Supreme Court as provided
by law.
``Sec. 1509. Preenactment, special interest cases
``(a) Review of Status.--In the case of an unaccounted for
person covered by section 1501(c) of this title who is
described in subsection (b), if new information that could
change the status of that person is found or received by a
United States intelligence agency, by a Department of Defense
agency, or by a person specified in section 1504(g) of this
title, that information shall be provided to the Secretary of
Defense with a request that the Secretary evaluate the
information in accordance with sections 1505(c) and 1505(d)
of this title.
``(b) Cases Eligible for Review.--The cases eligible for
review under this section are the following:
``(1) With respect to the Korean conflict, any unaccounted
for person who was classified as a prisoner of war or as
missing in action during that conflict and who (A) was known
to be or suspected to be alive at the end of that conflict,
or (B) was classified as missing in action and whose capture
was possible.
``(2) With respect to the Cold War, any unaccounted for
person who was engaged in intelligence operations (such as
aerial `ferret' reconnaissance missions over and around the
Soviet Union and China) during the Cold War.
``(3) With respect to the Indochina war era, any
unaccounted for person who was classified as a prisoner of
war or as missing in action during the Indochina conflict.
``(c) Special Rule for Persons Classified as `KIA/BNR'.--In
the case of a person described in subsection (b) who was
classified as `killed in action/body not recovered', the case
of that person may be reviewed under this section only if the
new information referred to in subsection (a) is compelling.
``(d) Definitions.--In this section:
``(1) The term `Korean conflict' means the period beginning
on June 27, 1950, and ending on January 31, 1955.
``(2) The term `Cold War' means the period beginning on
September 2, 1945, and ending on August 21, 1991.
``(3) The term `Indochina war era' means the period
beginning on July 8, 1959, and ending on May 15, 1975.
[[Page 106]]
``Sec. 1510. Applicability to Coast Guard
``(a) Designated Officer To Have Responsibility.--The
Secretary of Transportation shall designate an officer of the
Department of Transportation to have responsibility within
the Department of Transportation for matters relating to
missing persons who are members of the Coast Guard.
``(b) Procedures.--The Secretary of Transportation shall
prescribe procedures for the determination of the status of
persons described in section 1501(c) of this title who are
members of the Coast Guard and for the collection, analysis,
review, and update of information on such persons. To the
maximum extent practicable, the procedures prescribed under
this section shall be similar to the procedures prescribed by
the Secretary of Defense under section 1501(b) of this title.
``Sec. 1511. Return alive of person declared missing or dead
``(a) Pay and Allowances.--Any person (except for a person
subsequently determined to have been absent without leave or
a deserter) in a missing status or declared dead under
subchapter VII of chapter 55 of title 5 or chapter 10 of
title 37 or by a board appointed under this chapter who is
found alive and returned to the control of the United States
shall be paid for the full time of the absence of the person
while given that status or declared dead under the law and
regulations relating to the pay and allowances of persons
returning from a missing status.
``(b) Effect on Gratuities Paid as a Result of Status.--
Subsection (a) shall not be interpreted to invalidate or
otherwise affect the receipt by any person of a death
gratuity or other payment from the United States on behalf of
a person referred to in subsection (a) before the date of the
enactment of this chapter.
``Sec. 1512. Effect on State law
``(a) Nonpreemption of State Authority.--Nothing in this
chapter shall be construed to invalidate or limit the power
of any State court or administrative entity, or the power of
any court or administrative entity of any political
subdivision thereof, to find or declare a person dead for
purposes of such State or political subdivision.
``(b) State Defined.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``Sec. 1513. Definitions
``In this chapter:
``(1) The term `missing person' means--
``(A) a member of the Armed Forces on active duty who is in
a missing status; or
``(B) a civilian employee of the Department of Defense or
an employee of a contractor of the Department of Defense who
serves with or accompanies the Armed Forces in the field
under orders and who is in a missing status.
``(2) The term `missing status' means the status of a
missing person who is determined to be absent in a category
of any of the following:
``(A) Missing.
``(B) Missing in action.
``(C) Interned in a foreign country.
``(D) Captured.
``(E) Beleaguered.
``(F) Besieged.
``(G) Detained in a foreign country against that person's
will.
``(3) The term `accounted for', with respect to a person in
a missing status, means that--
``(A) the person is returned to United States control
alive;
``(B) the remains of the person are recovered and, if not
identifiable through visual means as those of the missing
person, are identified as those of the missing person by a
practitioner of an appropriate forensic science; or
``(C) credible evidence exists to support another
determination of the person's status.
``(4) The term `primary next of kin', in the case of a
missing person, means the individual authorized to direct
disposition of the remains of the person under section
1482(c) of this title.
``(5) The term `member of the immediate family', in the
case of a missing person, means the following:
``(A) The spouse of the person.
``(B) A natural child, adopted child, stepchild, or
illegitimate child (if acknowledged by the person or
parenthood has been established by a court of competent
jurisdiction) of the person, except that if such child has
not attained the age of 18 years, the term means a surviving
parent or legal guardian of such child.
``(C) A biological parent of the person, unless legal
custody of the person by the parent has been previously
terminated by reason of a court decree or otherwise under law
and not restored.
``(D) A brother or sister of the person, if such brother or
sister has attained the age of 18 years.
``(E) Any other blood relative or adoptive relative of the
person, if such relative was given sole legal custody of the
person by a court decree or otherwise under law before the
person attained the age of 18 years and such custody was not
subsequently terminated before that time.
``(6) The term `previously designated person', in the case
of a missing person, means an individual designated by the
person under section 655 of this title for purposes of this
chapter.
``(7) The term `classified information' means any
information the unauthorized disclosure of which (as
determined under applicable law and regulations) could
reasonably be expected to damage the national security.
``(8) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any
of the armed forces who (A) is commander of all forces of
that armed force assigned to that combatant command, and (B)
is directly subordinate to the commander of the combatant
command.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 75 the following new item:
``76. Missing Persons.......................................1501''.....
(c) Conforming Amendments.--Chapter 10 of title 37, United
States Code, is amended as follows:
(1) Section 555 is amended--
(A) in subsection (a), by striking out ``When a member''
and inserting in lieu thereof ``Except as provided in
subsection (d), when a member''; and
(B) by adding at the end the following new subsection:
``(d) This section does not apply in a case to which
section 1502 of title 10 applies.''.
(2) Section 552 is amended--
(A) in subsection (a), by striking out ``for all
purposes,'' in the second sentence of the matter following
paragraph (2) and all that follows through the end of the
sentence and inserting in lieu thereof ``for all purposes.'';
(B) in subsection (b), by inserting ``or under chapter 76
of title 10'' before the period at the end; and
(C) in subsection (e), by inserting ``or under chapter 76
of title 10'' after ``section 555 of this title''.
(3) Section 553 is amended--
(A) in subsection (f), by striking out ``the date the
Secretary concerned receives evidence that'' and inserting in
lieu thereof ``the date on which, in a case covered by
section 555 of this title, the Secretary concerned receives
evidence, or, in a case covered by chapter 76 of title 10,
the Secretary concerned determines pursuant to that chapter,
that''; and
(B) in subsection (g), by inserting ``or under chapter 76
of title 10'' after ``section 555 of this title''.
(4) Section 556 is amended--
(A) in subsection (a), by inserting after paragraph (7) the
following:
``Paragraphs (1), (5), (6), and (7) only apply with respect
to a case to which section 555 of this title applies.'';
(B) in subsection (b), by inserting ``, in a case to which
section 555 of this title applies,'' after ``When the
Secretary concerned''; and
(C) in subsection (h)--
(i) in the first sentence, by striking out ``status'' and
inserting in lieu thereof ``pay''; and
(ii) in the second sentence, by inserting ``in a case to
which section 555 of this title applies'' after ``under this
section''.
(d) Designation of Persons Having Interest in Status of
Service Members.--(1) Chapter 37 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 655. Designation of persons having interest in status
of a missing member
``(a) The Secretary concerned shall, upon the enlistment or
appointment of a person in the armed forces, require that the
person specify in writing the person or persons, if any,
other than that person's primary next of kin or immediate
family, to whom information on the whereabouts and status of
the member shall be provided if such whereabouts and status
are investigated under chapter 76 of this title. The
Secretary shall periodically, and whenever the member is
deployed as part of a contingency operation or in other
circumstances specified by the Secretary, require that such
designation be reconfirmed, or modified, by the member.
``(b) The Secretary concerned shall, upon the request of a
member, permit the member to revise the person or persons
specified by the member under subsection (a) at any time. Any
such revision shall be in writing.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``655. Designation of persons having interest in status of a missing
member.''.
(e) Accounting for Civilian Employee and Contractors of the
United States.--(1) The Secretary of State shall carry out a
comprehensive study of the provisions of subchapter VII of
chapter 55 of title 5, United States Code (commonly referred
to as the ``Missing Persons Act of 1942'') (5 U.S.C. 5561 et
seq.) and any other law or regulation establishing procedures
for the accounting for of civilian employees of the United
States or contractors of the United States who serve with or
accompany the Armed Forces in the field. The purpose of the
study shall be to determine the means, if any, by which those
procedures may be improved.
(2) The Secretary of State shall carry out the study
required under paragraph (1) in consultation with the
Secretary of Defense, the Secretary of Transportation, the
Director of Central Intelligence, and the heads of such other
departments and agencies of the United States as the
President designates for that purpose.
(3) In carrying out the study, the Secretary of State shall
examine the procedures undertaken when a civilian employee
referred to in paragraph (1) becomes involuntarily absent as
a result of a hostile action, or under
[[Page 107]]
circumstances suggesting that the involuntary absence is a
result of a hostile action, and whose status is undetermined
or who is unaccounted for, including procedures for--
(A) search and rescue for the employee;
(B) determining the status of the employee;
(C) reviewing and changing the status of the employee;
(D) determining the rights and benefits accorded to the
family of the employee; and
(E) maintaining and providing appropriate access to the
records of the employee and the investigation into the status
of the employee.
(4) Not later than one year after the date of the enactment
of this Act, the Secretary of State shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the study carried out by the Secretary under this
subsection. The report shall include the recommendations, if
any, of the Secretary for legislation to improve the
procedures covered by the study.
SEC. 570. ASSOCIATE DIRECTOR OF CENTRAL INTELLIGENCE FOR
MILITARY SUPPORT.
Section 102 of the National Security Act of 1947 (50 U.S.C.
403) is amended by adding at the end the following:
``(e) In the event that neither the Director nor Deputy
Director of Central Intelligence is a commissioned officer of
the Armed Forces, a commissioned officer of the Armed Forces
appointed to the position of Associate Director of Central
Intelligence for Military Support, while serving in such
position, shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the armed force of which such
officer is a member.''.
Subtitle G--Support for Non-Department of Defense Activities
SEC. 571. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) Repeal of Civil-Military Cooperative Action Program.--
The following provisions of law are repealed:
(1) Section 410 of title 10, United States Code.
(2) Section 1081(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 410
note).
(b) Repeal of Related Provision.--Section 1045 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 410 note), relating to a pilot
outreach program to reduce demand for illegal drugs, is
repealed.
(c) Technical and Conforming Amendments.--Chapter 20 of
title 10, United States Code, is amended--
(1) by striking out the table of subchapters after the
chapter heading;
(2) by striking out the subchapter heading for subchapter
I; and
(3) by striking out the subchapter heading for subchapter
II and the table of sections following that subchapter
heading.
SEC. 572. TRAINING ACTIVITIES RESULTING IN INCIDENTAL SUPPORT
AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND
ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2012. Support and services for eligible organizations
and activities outside Department of Defense
``(a) Authority To Provide Services and Support.--Under
regulations prescribed by the Secretary of Defense, the
Secretary of a military department may in accordance with
this section authorize units or individual members of the
armed forces under that Secretary's jurisdiction to provide
support and services to non-Department of Defense
organizations and activities specified in subsection (e), but
only if--
``(1) such assistance is authorized by a provision of law
(other than this section); or
``(2) the provision of such assistance is incidental to
military training.
``(b) Scope of Covered Activities Subject to Section.--This
section does not--
``(1) apply to the provision by the Secretary concerned,
under regulations prescribed by the Secretary of Defense, of
customary community relations and public affairs activities
conducted in accordance with Department of Defense policy; or
``(2) prohibit the Secretary concerned from encouraging
members of the armed forces under the Secretary's
jurisdiction to provide volunteer support for community
relations activities under regulations prescribed by the
Secretary of Defense.
``(c) Requirement for Specific Request.--Assistance under
subsection (a) may only be provided if--
``(1) the assistance is requested by a responsible official
of the organization to which the assistance is to be
provided; and
``(2) the assistance is not reasonably available from a
commercial entity or (if so available) the official
submitting the request for assistance certifies that the
commercial entity that would otherwise provide such services
has agreed to the provision of such services by the armed
forces.
``(d) Relationship to Military Training.--(1) Assistance
under subsection (a) may only be provided if the following
requirements are met:
``(A) The provision of such assistance--
``(i) in the case of assistance by a unit, will accomplish
valid unit training requirements; and
``(ii) in the case of assistance by an individual member,
will involve tasks directly related to the specific military
occupational specialty of the member.
``(B) The provision of such assistance will not adversely
affect the quality of training or otherwise interfere with
the ability of a member or unit of the armed forces to
perform the military functions of the member or unit.
``(C) The provision of such assistance will not result in a
significant increase in the cost of the training.
``(2) Subparagraph (A)(i) of paragraph (1) does not apply
in a case in which the assistance to be provided consists
primarily of military manpower and the total amount of such
assistance in the case of a particular project does not
exceed 100 man-hours.
``(e) Eligible Entities.--The following organizations and
activities are eligible for assistance under this section:
``(1) Any Federal, regional, State, or local governmental
entity.
``(2) Youth and charitable organizations specified in
section 508 of title 32.
``(3) Any other entity as may be approved by the Secretary
of Defense on a case-by-case basis.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations governing the provision of assistance
under this section. The regulations shall include the
following:
``(1) Rules governing the types of assistance that may be
provided.
``(2) Procedures governing the delivery of assistance that
ensure, to the maximum extent practicable, that such
assistance is provided in conjunction with, rather than
separate from, civilian efforts.
``(3) Procedures for appropriate coordination with civilian
officials to ensure that the assistance--
``(A) meets a valid need; and
``(B) does not duplicate other available public services.
``(4) Procedures to ensure that Department of Defense
resources are not applied exclusively to the program
receiving the assistance.
``(g) Advisory Councils.--(1) The Secretary of Defense
shall encourage the establishment of advisory councils at
regional, State, and local levels, as appropriate, in order
to obtain recommendations and guidance concerning assistance
under this section from persons who are knowledgeable about
regional, State, and local conditions and needs.
``(2) The advisory councils should include officials from
relevant military organizations, representatives of
appropriate local, State, and Federal agencies,
representatives of civic and social service organizations,
business representatives, and labor representatives.
``(3) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to such councils.
``(h) Construction of Provision.--Nothing in this section
shall be construed as authorizing--
``(1) the use of the armed forces for civilian law
enforcement purposes or for response to natural or manmade
disasters; or
``(2) the use of Department of Defense personnel or
resources for any program, project, or activity that is
prohibited by law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2012. Support and services for eligible organizations and activities
outside Department of Defense.''.
SEC. 573. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT
PROGRAM.
(a) Termination.--The authority under subsection (a) of
section 1091 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) to
carry out a pilot program under that section is hereby
continued through the end of the 18-month period beginning on
the date of the enactment of this Act and such authority
shall terminate as of the end of that period.
(b) Limitation on Number of Programs.--During the period
beginning on the date of the enactment of this Act and ending
on the termination of the pilot program under subsection (a),
the number of programs carried out under subsection (d) of
that section as part of the pilot program may not exceed the
number of such programs as of September 30, 1995.
SEC. 574. TERMINATION OF FUNDING FOR OFFICE OF CIVIL-MILITARY
PROGRAMS IN OFFICE OF THE SECRETARY OF DEFENSE.
No funds may be obligated or expended after the date of the
enactment of this Act (1) for the office that as of the date
of the enactment of this Act is designated, within the Office
of the Assistant Secretary of Defense for Reserve Affairs, as
the Office of Civil-Military Programs, or (2) for any other
entity within the Office of the Secretary of Defense that has
an exclusive or principal mission of providing centralized
direction for activities under section 2012 of title 10,
United States Code, as added by section 572.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(a) Rescission of Prior Section 1009 Adjustment.--The
adjustment made as of January 1, 1996, pursuant to section 4
of Executive order No. 12984 (issued December 28, 1995), in
elements of compensation of mem
[[Page 108]]
bers of the uniformed services pursuant to section 1009 of
title 37, United States Code, is hereby rescinded.
(b) Increase in Basic Pay and BAS.--The rates of basic pay
and basic allowance for subsistence of members of the
uniformed services, as in effect on December 31, 1995, are
hereby increased by 2.4 percent.
(c) Increase in BAQ.--The rates of basic allowance for
quarters of members of the uniformed services, as in effect
on December 31, 1995, are hereby increased by 5.2 percent.
(d) Effective Date.--This section shall take effect as of
January 1, 1996.
SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR SUBSISTENCE FOR
MEMBERS RESIDING WITHOUT DEPENDENTS IN
GOVERNMENT QUARTERS.
(a) Percentage Limitation.--Subsection (b) of section 402
of title 37, United States Code, is amended by adding after
the last sentence the following new paragraph:
``(4) In the case of enlisted members of the Army, Navy,
Air Force, or Marine Corps who, when present at their
permanent duty station, reside without dependents in
Government quarters, the Secretary concerned may not provide
a basic allowance for subsistence to more than 12 percent of
such members under the jurisdiction of the Secretary
concerned. The Secretary concerned may exceed such percentage
if the Secretary determines that compliance would increase
costs to the Government, would impose financial hardships on
members otherwise entitled to a basic allowance for
subsistence, or would reduce the quality of life for such
members. This paragraph shall not apply to members described
in the first sentence when the members are not residing at
their permanent duty station. The Secretary concerned shall
achieve the percentage limitation specified in this paragraph
as soon as possible after the date of the enactment of this
paragraph, but in no case later than September 30, 1996.''.
(b) Stylistic Amendments.--Such subsection is further
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(2) by inserting ``(1)'' after ``(b)'';
(3) by designating the text composed of the second, third,
and fourth sentences as paragraph (2); and
(4) by designating the text composed of the fifth and sixth
sentences as paragraph (3).
(c) Conforming Amendments.--(1) Subsection (e) of such
section is amended--
(A) in paragraph (1), by striking out ``the third sentence
of subsection (b)'' and inserting in lieu thereof
``subsection (b)(2)''; and
(B) in paragraph (2), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsection (b)(2)''.
(2) Section 1012 of title 37, United States Code, is
amended by striking out ``the last sentence of section
402(b)'' and inserting in lieu thereof ``section 402(b)(3)''.
(d) Report Required.--Not later than March 31, 1996, the
Secretary of Defense shall submit to Congress a report
identifying, for the Army, Navy, Air Force, and Marine
Corps--
(1) the number of members who reside without dependents in
Government quarters at their permanent duty stations and
receive a basic allowance for subsistence under section 402
of title 37, United States Code;
(2) such number as a percentage of the total number of
members who reside without dependents in Government quarters;
(3) a recommended maximum percentage of the members
residing without dependents in Government quarters at their
permanent duty station who should receive a basic allowance
for subsistence; and
(4) the reasons such maximum percentage is recommended.
SEC. 603. ELECTION OF BASIC ALLOWANCE FOR QUARTERS INSTEAD OF
ASSIGNMENT TO INADEQUATE QUARTERS.
(a) Election Authorized.--Section 403(b) of title 37,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the second sentence as paragraph (2)
and, as so designated, by striking out ``However, subject''
and inserting in lieu thereof ``Subject''; and
(3) by adding at the end the following new paragraph:
``(3) A member without dependents who is in pay grade E-6
and who is assigned to quarters of the United States that do
not meet the minimum adequacy standards established by the
Department of Defense for members in such pay grade, or to a
housing facility under the jurisdiction of a uniformed
service that does not meet such standards, may elect not to
occupy such quarters or facility and instead to receive the
basic allowance for quarters prescribed for the member's pay
grade by this section.''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 1996.
SEC. 604. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MEMBERS
IN PAY GRADE E-6 WHO ARE ASSIGNED TO SEA DUTY.
(a) Payment Authorized.--Section 403(c)(2) of title 37,
United States Code, is amended--
(1) in the first sentence, by striking out ``E-7'' and
inserting in lieu thereof ``E-6''; and
(2) in the second sentence, by striking out ``E-6'' and
inserting in lieu thereof ``E-5''.
(b) Effective Date.--The amendments made by this section
shall take effect on July 1, 1996.
SEC. 605. LIMITATION ON REDUCTION OF VARIABLE HOUSING
ALLOWANCE FOR CERTAIN MEMBERS.
(a) Limitation on Reduction in VHA.--(1) Subsection (c)(3)
of section 403a of title 37, United States Code, is amended
by adding at the end the following new sentence: ``However,
so long as a member of a uniformed service retains
uninterrupted eligibility to receive a variable housing
allowance within an area and the member's certified housing
costs are not reduced (as indicated by certifications
provided by the member under subsection (b)(4)), the monthly
amount of a variable housing allowance under this section for
the member within that area may not be reduced as a result of
systematic adjustments required by changes in housing costs
within that area.''.
(2) The amendment made by paragraph (1) shall apply for
fiscal years after fiscal year 1995.
(b) Effect on Total Amount Available for VHA.--Subsection
(d)(3) of such section is amended by inserting after the
first sentence the following new sentence: ``In addition, the
total amount determined under paragraph (1) shall be adjusted
to ensure that sufficient amounts are available to allow
payment of any additional amounts of variable housing
allowance necessary as a result of the requirements of the
second sentence of subsection (c)(3).''.
(c) Report on Implementation.--Not later than June 1, 1996,
the Secretary of Defense shall submit to Congress a report
describing the procedures to be used to implement the
amendments made by this section and the costs of such
amendments.
(d) Resolving VHA Inadequacies in High Housing Cost
Areas.--If the Secretary of Defense determines that, despite
the amendments made by this section, inadequacies exist in
the provision of variable housing allowances under section
403a of title 37, United States Code, the Secretary shall
submit to Congress a report containing a legislative proposal
to address the inadequacies. The Secretary shall make the
determination required by this subsection and submit the
report, if necessary, not later than May 31, 1996.
SEC. 606. CLARIFICATION OF LIMITATION ON ELIGIBILITY FOR
FAMILY SEPARATION ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is
amended in the first sentence by inserting ``paragraph (1)(A)
of'' after ``not entitled to an allowance under''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended
by striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES,
AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER
BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking out
``September 30, 1995,'' and inserting in lieu thereof
``September 30, 1997''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(c) Enlistment Bonuses for Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 1997''.
(d) Special Pay for Enlisted Members of the Selected
Reserve Assigned to Certain High Priority Units.--Section
308d(c) of title 37, United States Code, is amended by
striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(e) Special Pay for Nuclear Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States
[[Page 109]]
Code, is amended by striking out ``September 30, 1996'' and
inserting in lieu thereof ``September 30, 1997''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1996'' and inserting in lieu thereof ``October
1, 1997''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking out ``October 1, 1996'' and inserting in lieu
thereof ``October 1, 1997''.
(i) Coverage of Period of Lapsed Agreement Authority.--(1)
In the case of an officer described in section 301b(b) of
title 37, United States Code, who executes an agreement
described in paragraph (2) during the 90-day period beginning
on the date of the enactment of this Act, the Secretary
concerned may treat the agreement for purposes of the
retention bonus authorized under the agreement as having been
executed and accepted on the first date on which the officer
would have qualified for such an agreement had the amendment
made by subsection (a) taken effect on October 1, 1995.
(2) An agreement referred to in this subsection is a
service agreement with the Secretary concerned that is a
condition for the payment of a retention bonus under section
301b of title 37, United States Code.
(3) For purposes of this subsection, the term ``Secretary
concerned'' has the meaning given that term in section 101(5)
of title 37, United States Code.
SEC. 614. CODIFICATION AND EXTENSION OF SPECIAL PAY FOR
CRITICALLY SHORT WARTIME HEALTH SPECIALISTS IN
THE SELECTED RESERVES.
(a) Special Pay Authorized.--(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section
302f the following new section:
``Sec. 302g. Special pay: Selected Reserve health care
professionals in critically short wartime specialties
``(a) Special Pay Authorized.--An officer of a reserve
component of the armed forces described in subsection (b) who
executes a written agreement under which the officer agrees
to serve in the Selected Reserve of an armed force for a
period of not less than one year nor more than three years,
beginning on the date the officer accepts the award of
special pay under this section, may be paid special pay at an
annual rate not to exceed $10,000.
``(b) Eligible Officers.--An officer referred to in
subsection (a) is an officer in a health care profession who
is qualified in a specialty designated by regulations as a
critically short wartime specialty.
``(c) Time for Payment.--Special pay under this section
shall be paid annually at the beginning of each twelve-month
period for which the officer has agreed to serve.
``(d) Refund Requirement.--An officer who voluntarily
terminates service in the Selected Reserve of an armed force
before the end of the period for which a payment was made to
such officer under this section shall refund to the United
States the full amount of the payment made for the period on
which the payment was based.
``(e) Inapplicability of Discharge in Bankruptcy.--A
discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement under
this section does not discharge the person receiving special
pay under the agreement from the debt arising under the
agreement.
``(f) Termination of Agreement Authority.--No agreement
under this section may be entered into after September 30,
1997.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
302f the following new item:
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.''.
(b) Conforming Amendment.--Section 303a of title 37, United
States Code, is amended by striking out ``302, 302a, 302b,
302c, 302d, 302e,'' each place it appears and inserting in
lieu thereof ``302 through 302g,''.
(c) Conforming Repeal.--(1) Section 613 of the National
Defense Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 37 U.S.C. 302 note) is repealed.
(2) The provisions of section 613 of the National Defense
Authorization Act, Fiscal Year 1989, as in effect on the day
before the date of the enactment of this Act, shall continue
to apply to agreements entered into under such section before
such date.
SEC. 615. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT OFFICERS
AND ENLISTED MEMBERS SERVING AS AIR WEAPONS
CONTROLLERS.
(a) Inclusion of Additional Members.--Subsection (a)(11) of
section 301 of title 37, United States Code, is amended by
striking out ``an officer (other than a warrant officer)''
and inserting in lieu thereof ``a member''.
(b) Calculation of Hazardous Duty Incentive Pay.--The table
in subparagraph (A) of subsection (c)(2) of such section is
amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Years of service as an air weapons controller
-------------------------------------------------------------------------------
``Pay grade 2 or
less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10
----------------------------------------------------------------------------------------------------------------
``O-7 and above................. $200 $200 $200 $200 $200 $200 $200
``O-6........................... 225 250 300 325 350 350 350
``O-5........................... 200 250 300 325 350 350 350
``O-4........................... 175 225 275 300 350 350 350
``O-3........................... 125 156 188 206 350 350 350
``O-2........................... 125 156 188 206 250 300 300
``O-1........................... 125 156 188 206 250 250 250
``W-4........................... 200 225 275 300 325 325 325
``W-3........................... 175 225 275 300 325 325 325
``W-2........................... 150 200 250 275 325 325 325
``W-1........................... 100 125 150 175 325 325 325
``E-9........................... 200 225 250 275 300 300 300
``E-8........................... 200 225 250 275 300 300 300
``E-7........................... 175 200 225 250 275 275 275
``E-6........................... 156 175 200 225 250 250 250
``E-5........................... 125 156 175 188 200 200 200
``E-4 and below................. 125 156 175 188 200 200 200
-------------------------------------------------------------------------------
Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25
-------------------------------------------------------------------------------
``O-7 and above................. $200 $200 $200 $200 $200 $200 $200 $110
``O-6........................... 350 350 350 350 300 250 250 225
``O-5........................... 350 350 350 350 300 250 250 225
``O-4........................... 350 350 350 350 300 250 250 225
``O-3........................... 350 350 350 300 275 250 225 200
``O-2........................... 300 300 300 275 245 210 200 180
``O-1........................... 250 250 250 245 210 200 180 150
``W-4........................... 325 325 325 325 276 250 225 200
``W-3........................... 325 325 325 325 325 250 225 200
``W-2........................... 325 325 325 325 275 250 225 200
``W-1........................... 325 325 325 325 275 250 225 200
``E-9........................... 300 300 300 300 275 230 200 200
``E-8........................... 300 300 300 300 265 230 200 200
``E-7........................... 300 300 300 300 265 230 200 200
``E-6........................... 300 300 300 300 265 230 200 200
``E-5........................... 250 250 250 250 225 200 175 150
``E-4 and below................. 200 200 200 200 175 150 125 125''.
----------------------------------------------------------------------------------------------------------------
(c) Conforming Amendments.--Subsection (c)(2) of such
section is further amended--
(1) by striking out ``an officer'' each place it appears
and inserting in lieu thereof ``a member''; and
(2) by striking out ``the officer'' each place it appears
and inserting in lieu thereof ``the member''.
SEC. 616. AVIATION CAREER INCENTIVE PAY.
(a) Years of Operational Flying Duties Required.--Paragraph
(4) of section 301a(a) of title 37, United States Code, is
amended in
[[Page 110]]
the first sentence by striking out ``9'' and inserting in
lieu thereof ``8''.
(b) Exercise of Waiver Authority.--Paragraph (5) of such
section is amended by inserting after the second sentence the
following new sentence: ``The Secretary concerned may not
delegate the authority in the preceding sentence to permit
the payment of incentive pay under this subsection.''.
SEC. 617. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY
FOR NURSES.
Section 302c(d)(1) of title 37, United States Code, is
amended--
(1) by striking out ``or'' after ``Air Force,''; and
(2) by inserting before the semicolon the following: ``, an
officer of the Nurse Corps of the Army or Navy, or an officer
of the Air Force designated as a nurse''.
SEC. 618. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREW
MEMBERS OF SHIPS DESIGNATED AS TENDERS.
Subparagraph (A) of section 305a(d)(1) of title 37, United
States Code, is amended to read as follows:
``(A) while permanently or temporarily assigned to a ship,
ship-based staff, or ship-based aviation unit and--
``(i) while serving on a ship the primary mission of which
is accomplished while under way;
``(ii) while serving as a member of the off-crew of a two-
crewed submarine; or
``(iii) while serving as a member of a tender-class ship
(with the hull classification of submarine or destroyer);
or''.
SEC. 619. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT
PAY FOR ENLISTED MEMBERS SERVING AS RECRUITERS.
(a) Special Maximum Rate for Recruiters.--Section 307(a) of
title 37, United States Code, is amended by adding at the end
the following new sentence: ``In the case of a member who is
serving as a military recruiter and is eligible for special
duty assignment pay under this subsection on account of such
duty, the Secretary concerned may increase the monthly rate
of special duty assignment pay for the member to not more
than $375.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1996.
Subtitle C--Travel and Transportation Allowances
SEC. 621. REPEAL OF REQUIREMENT REGARDING CALCULATION OF
ALLOWANCES ON BASIS OF MILEAGE TABLES.
Section 404(d)(1)(A) of title 37, United States Code, is
amended by striking out ``, based on distances established
over the shortest usually traveled route, under mileage
tables prepared under the direction of the Secretary of
Defense''.
SEC. 622. DEPARTURE ALLOWANCES.
(a) Eligibility When Evacuation Authorized But Not
Ordered.--Section 405a(a) of title 37, United States Code, is
amended by striking out ``ordered'' each place it appears and
inserting in lieu thereof ``authorized or ordered''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply with respect to persons authorized
or ordered to depart as described in section 405a(a) of title
37, United States Code, on or after October 1, 1995.
SEC. 623. TRANSPORTATION OF NONDEPENDENT CHILD FROM MEMBER'S
STATION OVERSEAS AFTER LOSS OF DEPENDENT STATUS
WHILE OVERSEAS.
Section 406(h)(1) of title 37, United States Code, is
amended in the last sentence--
(1) by striking out ``who became 21 years of age'' and
inserting in lieu thereof ``who, by reason of age or
graduation from (or cessation of enrollment in) an
institution of higher education, would otherwise cease to be
a dependent of the member''; and
(2) by inserting ``still'' after ``shall''.
SEC. 624. AUTHORIZATION OF DISLOCATION ALLOWANCE FOR MOVES IN
CONNECTION WITH BASE REALIGNMENTS AND CLOSURES.
(a) Dislocation Allowance Authorized.--Subsection (a) of
section 407 of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph (3);
(2) by striking out the period at the end of paragraph
(4)(B) and inserting in lieu thereof ``; or''; and
(3) by inserting after paragraph (4)(B) the following new
paragraph:
``(5) the member is ordered to move in connection with the
closure or realignment of a military installation and, as a
result, the member's dependents actually move or, in the case
of a member without dependents, the member actually moves.''.
(b) Conforming Amendments.--(1) The last sentence of such
subsection is amended--
(A) by striking out ``clause (3) or (4)(B)'' and inserting
in lieu thereof ``paragraph (3) or (4)(B)''; and
(B) by striking out ``clause (1)'' and inserting in lieu
thereof ``paragraph (1) or (5)''.
(2) Subsection (b) of such section is amended--
(A) by striking out ``subsection (a)(3) or (a)(4)(B)'' in
the first sentence and inserting in lieu thereof ``paragraph
(3) or (4)(B) of subsection (a)''; and
(B) by striking out ``subsection (a)(1)'' in the second
sentence and inserting in lieu thereof ``paragraph (1) or (5)
of subsection (a)''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING
ADJUSTMENTS FOR FISCAL YEARS 1996, 1997, AND
1998.
(a) Adjustment of Effective Dates.--Subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code, is
amended to read as follows:
``(B) Special rules for fiscal years 1996 and 1998.--
``(i) Fiscal year 1996.--In the case of the increase in
retired pay that, pursuant to paragraph (1), becomes
effective on December 1, 1995, the initial month for which
such increase is payable as part of such retired pay shall
(notwithstanding such December 1 effective date) be March
1996.
``(ii) Fiscal year 1998.--In the case of the increase in
retired pay that, pursuant to paragraph (1), becomes
effective on December 1, 1997, the initial month for which
such increase is payable as part of such retired pay shall
(notwithstanding such December 1 effective date) be September
1998.''.
(b) Contingent Alternative Date for Fiscal Year 1998.--(1)
If a civil service retiree cola that becomes effective during
fiscal year 1998 becomes effective on a date other than the
date on which a military retiree cola during that fiscal year
is specified to become effective under subparagraph (B) of
section 1401a(b)(2) of title 10, United States Code, as
amended by subsection (a), then the increase in military
retired and retainer pay shall become payable as part of such
retired and retainer pay effective on the same date on which
such civil service retiree cola becomes effective
(notwithstanding the date otherwise specified in such
subparagraph (B)).
(2) Paragraph (1) does not apply with respect to the
retired pay of a person retired under chapter 61 of title 10,
United States Code.
(3) For purposes of this subsection:
(A) The term ``civil service retiree cola'' means an
increase in annuities under the Civil Service Retirement
System either under section 8340(b) of title 5, United States
Code, or pursuant to a law providing a general increase in
such annuities.
(B) The term ``military retiree cola'' means an adjustment
in retired and retainer pay pursuant to section 1401a(b) of
title 10, United States Code.
(c) Repeal of Prior Conditional Enactment.--Section
8114A(b) of Public Law 103-335 (108 Stat. 2648) is repealed.
SEC. 632. DENIAL OF NON-REGULAR SERVICE RETIRED PAY FOR
RESERVES RECEIVING CERTAIN COURT-MARTIAL
SENTENCES.
(a) In General.--(1) Chapter 1223 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 12740. Eligibility: denial upon certain punitive
discharges or dismissals
``A person who--
``(1) is convicted of an offense under the Uniform Code of
Military Justice (chapter 47 of this title) and whose
sentence includes death; or
``(2) is separated pursuant to sentence of a court-martial
with a dishonorable discharge, a bad conduct discharge, or
(in the case of an officer) a dismissal,
is not eligible for retired pay under this chapter.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12740. Eligibility: denial upon certain punitive discharges or
dismissals.''.
(b) Effective Date.--Section 12740 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to court-martial sentences adjudged after the date of
the enactment of this Act.
SEC. 633. REPORT ON PAYMENT OF ANNUITIES FOR CERTAIN MILITARY
SURVIVING SPOUSES.
(a) Study Required.--(1) The Secretary of Defense shall
conduct a study to determine the number of potential
beneficiaries there would be if Congress were to enact
authority for the Secretary of the military department
concerned to pay an annuity to the qualified surviving spouse
of each member of the Armed Forces who--
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component who died during the
period beginning on September 21, 1972, and ending on October
1, 1978, and at the time of death would have been entitled to
retired pay under chapter 67 of title 10, United States Code,
but for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of paragraph
(1) is a surviving spouse who has not remarried and who is
not eligible for an annuity under section 4 of Public Law 92-
425 (10 U.S.C. 1448 note).
(b) Required Determinations.--As part of the study under
subsection (a), the Secretary shall determine the following:
(1) The number of unremarried surviving spouses of deceased
members and deceased former members of the Armed Forces
referred to in subparagraph (A) of subsection (a)(1) who
would be eligible for an annuity under authority described in
such subsection.
(2) The number of unremarried surviving spouses of deceased
members and deceased former members of reserve components
referred to in subparagraph (B) of subsection (a)(1) who
would be eligible for an annuity under authority described in
such subsection.
(3) The number of persons in each group of unremarried
former spouses described in paragraphs (1) and (2) who are
receiving a widow's insurance benefit or a widower's in
[[Page 111]]
surance benefit under title II of the Social Security Act on
the basis of employment of a deceased member or deceased
former member referred to in subsection (a)(1).
(c) Report.--Not later than March 1, 1996, the Secretary of
Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives a report on the results of the study
under this section. The Secretary shall include in the report
a recommendation on the amount of the annuity that should be
authorized to be paid under any authority described in
subsection (a)(1), together with a recommendation on whether
the annuity should be adjusted annually to offset increases
in the cost of living.
SEC. 634. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOWANCES
TO WORLD WAR II VETERANS WHO SERVED AS
GUERRILLA FIGHTERS IN THE PHILIPPINES.
(a) In General.--The Secretary of the military department
concerned shall pay, upon request, to an individual described
in subsection (b) the amount determined with respect to that
individual under subsection (c).
(b) Covered Individuals.--A payment under subsection (a)
shall be made to any individual who as a member of the Armed
Forces during World War II--
(1) was captured on the Island of Bataan in the territory
of the Philippines by Japanese forces;
(2) participated in the Bataan Death March;
(3) escaped from captivity; and
(4) served as a guerrilla fighter in the Philippines during
the period from January 1942 through February 1945.
(c) Amount To Be Paid.--The amount of a payment under
subsection (a) shall be the amount of quarters and
subsistence allowance which accrued to an individual
described in subsection (b) during the period specified in
paragraph (4) of subsection (b) and which was not paid to
that individual. The Secretary shall apply interest
compounded at the three-month Treasury bill rate.
(d) Payment to Survivors.--In the case of any individual
described in subsection (b) who is deceased, payment under
this section with respect to that individual shall be made to
that individual's nearest surviving relative, as determined
by the Secretary concerned.
SEC. 635. AUTHORITY FOR RELIEF FROM PREVIOUS OVERPAYMENTS
UNDER MINIMUM INCOME WIDOWS PROGRAM.
(a) Authority.--The Secretary of Defense may waive recovery
by the United States of any overpayment by the United States
described in subsection (b). In the case of any such waiver,
any debt to the United States arising from such overpayment
is forgiven.
(b) Covered Overpayments.--Subsection (a) applies in the
case of an overpayment by the United States that--
(1) was made before the date of the enactment of this Act
under section 4 of Public Law 92-425 (10 U.S.C. 1448 note);
and
(2) is attributable to failure by the Department of Defense
to apply the eligibility provisions of subsection (a) of such
section in the case of the person to whom the overpayment was
made.
SEC. 636. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS
OF THE ARMED FORCES SEPARATED FOR DEPENDENT
ABUSE.
(a) Coverage of Program.--Subsection (a) of section 1059 of
title 10, United States Code, is amended by adding at the end
the following: ``Upon establishment of such a program, the
program shall apply in the case of each such member described
in subsection (b) who is under the jurisdiction of the
Secretary establishing the program.''.
(b) Clarification of Payment to Dependents of Members Not
Discharged.--Subsection (d) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking out ``any case of a separation from active
duty as described in subsection (b)'' and inserting in lieu
thereof ``the case of any individual described in subsection
(b)''; and
(B) by striking ``former member'' and inserting in lieu
thereof ``individual'';
(2) in paragraph (1)--
(A) by striking out ``former member'' and inserting in lieu
thereof ``individual''; and
(B) by striking out ``member'' and inserting in lieu
thereof ``individual'';
(3) in paragraph (2), by striking out ``former member''
both places it appears and inserting in lieu thereof
``individual described in subsection (b)'';
(4) in paragraph (3), by striking out ``former member'' and
inserting in lieu thereof ``individual described in
subsection (b)''; and
(5) in paragraph (4), by striking out ``member'' both
places it appears and inserting in lieu thereof ``individual
described in subsection (b)''.
(c) Effective Date.--Section 554(b) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 1059 note)
is amended--
(1) in paragraph (1), by striking out ``on or after the
date of the enactment of this Act'' and inserting in lieu
thereof ``after November 29, 1993''; and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2) Payments of transitional compensation under that
section in the case of any person eligible to receive
payments under that section shall be made for each month
after November 1993 for which that person may be paid
transitional compensation in accordance with that section.''.
Subtitle E--Other Matters
SEC. 641. PAYMENT TO SURVIVORS OF DECEASED MEMBERS FOR ALL
LEAVE ACCRUED.
(a) Inapplicability of 60-Day Limitation.--Section 501(d)
of title 37, United States Code, is amended--
(1) in paragraph (1), by striking out the third sentence;
and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph:
``(2) The limitations in the second sentence of subsection
(b)(3), subsection (f), and the second sentence of subsection
(g) shall not apply with respect to a payment made under this
subsection.''.
(b) Conforming Amendment.--Section 501(f) of such title is
amended by striking out ``, (d),'' in the first sentence.
SEC. 642. REPEAL OF REPORTING REQUIREMENTS REGARDING
COMPENSATION MATTERS.
(a) Report on Travel and Transportation Allowances for
Dependents.--(1) Section 406 of title 37, United States Code,
is amended--
(A) by striking out subsection (i); and
(B) by redesignating subsections (j), (k), (l), (m), and
(n) as subsections (i), (j), (k), (l), and (m), respectively.
(2) Section 2634(d) of title 10, United States Code, is
amended by striking out ``section 406(l) of title 37'' and
inserting in lieu thereof ``section 406(k) of title 37''.
(b) Annual Review of Pay and Allowances.--Section 1008(a)
of title 37, United States Code, is amended by striking out
the second sentence.
(c) Report on Quadrennial Review of Adjustments in
Compensation.--Section 1009(f) of such title is amended by
striking out ``of this title,'' and all that follows through
the period at the end and inserting in lieu thereof ``of this
title.''.
SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN
GARNISHMENT ACTIONS.
(a) In General.--Subsection (j) of section 5520a of title
5, United States Code, is amended by striking out paragraph
(2) and inserting in lieu thereof the following new
paragraph:
``(2) Such regulations shall provide that an agency's
administrative costs incurred in executing legal process to
which the agency is subject under this section shall be
deducted from the amount withheld from the pay of the
employee concerned pursuant to the legal process.''.
(b) Involuntary Allotments of Pay of Members of the
Uniformed Services.--Subsection (k) of such section is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Regulations under this subsection may also provide
that the administrative costs incurred in establishing and
maintaining an involuntary allotment be deducted from the
amount withheld from the pay of the member of the uniformed
services concerned pursuant to such regulations.''.
(c) Disposition of Amounts Withheld for Administrative
Expenses.--Such section is further amended by adding at the
end the following:
``(l) The amount of an agency's administrative costs
deducted under regulations prescribed pursuant to subsection
(j)(2) or (k)(3) shall be credited to the appropriation,
fund, or account from which such administrative costs were
paid.''.
SEC. 644. REPORT ON EXTENDING TO JUNIOR NONCOMMISSIONED
OFFICERS PRIVILEGES PROVIDED FOR SENIOR
NONCOMMISSIONED OFFICERS.
(a) Report Required.--Not later than February 1, 1996, the
Secretary of Defense shall submit to Congress a report
containing the determinations of the Secretary regarding
whether, in order to improve the working conditions of
noncommissioned officers in pay grades E-5 and E-6, any of
the privileges afforded noncommissioned officers in any of
the pay grades above E-6 should be extended to
noncommissioned officers in pay grades E-5 and E-6.
(b) Specific Recommendation Regarding Election of BAS.--The
Secretary shall include in the report a determination on
whether noncommissioned officers in pay grades E-5 and E-6
should be afforded the same privilege as noncommissioned
officers in pay grades above E-6 to elect to mess separately
and receive the basic allowance for subsistence.
(c) Additional Matters.--The report shall also contain a
discussion of the following matters:
(1) The potential costs of extending additional privileges
to noncommissioned officers in pay grades E-5 and E-6.
(2) The effects on readiness that would result from
extending the additional privileges.
(3) The options for extending the privileges on an
incremental basis over an extended period.
(d) Recommended Legislation.--The Secretary shall include
in the report any recommended legislation that the Secretary
considers necessary in order to authorize extension of a
privilege as determined appropriate under subsection (a).
SEC. 645. STUDY REGARDING JOINT PROCESS FOR DETERMINING
LOCATION OF RECRUITING STATIONS.
(a) Study Required.--The Secretary of Defense shall conduct
a study regarding the feasibility of--
(1) using a joint process among the Armed Forces for
determining the location of re
[[Page 112]]
cruiting stations and the number of military personnel
required to operate such stations; and
(2) basing such determinations on market research and
analysis conducted jointly by the Armed Forces.
(b) Report.--Not later than March 31, 1996, the Secretary
of Defense shall submit to Congress a report describing the
results of the study. The report shall include a recommended
method for measuring the efficiency of individual recruiting
stations, such as cost per accession or other efficiency
standard, as determined by the Secretary.
SEC. 646. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN'S GROUP
LIFE INSURANCE.
Effective April 1, 1996, section 1967 of title 38, United
States Code, is amended--
(1) in subsections (a) and (c), by striking out
``$100,000'' each place it appears and inserting in lieu
thereof in each instance ``$200,000'';
(2) by striking out subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
SEC. 647. TERMINATION OF SERVICEMEN'S GROUP LIFE INSURANCE
FOR MEMBERS OF THE READY RESERVE WHO FAIL TO
PAY PREMIUMS.
(a) Authority.--Section 1969(a)(2) of title 38, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) If an individual who is required pursuant to
subparagraph (A) to make a direct remittance of costs to the
Secretary concerned fails to make the required remittance
within 60 days of the date on which such remittance is due,
such individual's insurance with respect to which such
remittance is required shall be terminated by the Secretary
concerned. Such termination shall be made by written notice
to the individual's official address and shall be effective
60 days after the date of such notice. Such termination of
insurance may be vacated if, before the effective date of
termination, the individual remits all amounts past due for
such insurance and demonstrates to the satisfaction of the
Secretary concerned that the failure to make timely
remittances was justifiable.''.
(b) Conforming Amendment.--Section 1968(a) is amended by
inserting ``(or discontinued pursuant to section
1969(a)(2)(B) of this title)'' in the matter preceding
paragraph (1) after ``upon the written request of the
insured''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 1996.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. MODIFICATION OF REQUIREMENTS REGARDING ROUTINE
PHYSICAL EXAMINATIONS AND IMMUNIZATIONS UNDER
CHAMPUS.
Section 1079(a) of title 10, United States Code, is amended
by striking out paragraph (2) and inserting in lieu thereof
the following new paragraph:
``(2) consistent with such regulations as the Secretary of
Defense may prescribe regarding the content of health
promotion and disease prevention visits, the schedule of pap
smears and mammograms, and the types and schedule of
immunizations--
``(A) for dependents under six years of age, both health
promotion and disease prevention visits and immunizations may
be provided; and
``(B) for dependents six years of age or older, health
promotion and disease prevention visits may be provided in
connection with immunizations or with diagnostic or
preventive pap smears and mammograms;''.
SEC. 702. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE
AND DEATH AND DISABILITY BENEFITS FOR CERTAIN
RESERVES.
(a) Medical and Dental Care.--Section 1074a(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight, between successive periods of
inactive-duty training, at or in the vicinity of the site of
the inactive-duty training, if the site is outside reasonable
commuting distance from the member's residence.''.
(b) Recovery, Care, and Disposition of Remains.--Section
1481(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking out ``or'' at the end
of the subparagraph;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) remaining overnight, between successive periods of
inactive-duty training, at or in the vicinity of the site of
the inactive-duty training, if the site is outside reasonable
commuting distance from the member's residence; or''.
(c) Entitlement to Basic Pay.--(1) Subsection (g)(1) of
section 204 of title 37, United States Code, is amended--
(A) in subparagraph (B), by striking out ``or'' at the end
of the subparagraph;
(B) in subparagraph (C), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``;
or''; and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if the
site is outside reasonable commuting distance from the
member's residence.''.
(2) Subsection (h)(1) of such section is amended--
(A) in subparagraph (B), by striking out ``or'' at the end
of the subparagraph;
(B) in subparagraph (C), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``;
or''; and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if the
site is outside reasonable commuting distance from the
member's residence.''.
(d) Compensation for Inactive-Duty Training.--Section
206(a)(3) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``or'' at the end
of clause (ii);
(2) in subparagraph (B), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``;
or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if the
site is outside reasonable commuting distance from the
member's residence.''.
SEC. 703. MEDICAL CARE FOR SURVIVING DEPENDENTS OF RETIRED
RESERVES WHO DIE BEFORE AGE 60.
(a) Change in Eligibility Requirements.--Paragraph (2) of
section 1076(b) of title 10, United States Code, is amended--
(1) by striking out ``death (A) would'' and inserting in
lieu thereof ``death would''; and
(2) by striking out ``, and (B) had elected to participate
in the Survivor Benefit Plan established under subchapter II
of chapter 73 of this title''.
(b) Conforming Amendments.--Such paragraph is further
amended--
(1) in the matter following paragraph (2), by striking out
``clause (2)'' the first place it appears and inserting in
lieu thereof ``paragraph (2)''; and
(2) by striking out the second sentence.
SEC. 704. MEDICAL AND DENTAL CARE FOR MEMBERS OF THE SELECTED
RESERVE ASSIGNED TO EARLY DEPLOYING UNITS OF
THE ARMY SELECTED RESERVE.
(a) Annual Medical and Dental Screenings and Care.--Section
1074a of title 10, United States Code, is amended--
(1) in subsection (c), by striking out ``this section'' and
inserting in lieu thereof ``subsection (b)''; and
(2) by adding at the end the following new subsection:
``(d)(1) The Secretary of the Army shall provide to members
of the Selected Reserve of the Army who are assigned to units
scheduled for deployment within 75 days after mobilization
the following medical and dental services:
``(A) An annual medical screening.
``(B) For members who are over 40 years of age, a full
physical examination not less often than once every two
years.
``(C) An annual dental screening.
``(D) The dental care identified in an annual dental
screening as required to ensure that a member meets the
dental standards required for deployment in the event of
mobilization.
``(2) The services provided under this subsection shall be
provided at no cost to the member.''.
(b) Conforming Repeals.--Sections 1117 and 1118 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI
of Public Law 102-484; 10 U.S.C. 3077 note) are repealed.
SEC. 705. DENTAL INSURANCE FOR MEMBERS OF THE SELECTED
RESERVE.
(a) Program Authorization.--(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section
1076a the following new section:
``Sec. 1076b. Selected Reserve dental insurance
``(a) Authority To Establish Plan.--The Secretary of
Defense shall establish a dental insurance plan for members
of the Selected Reserve of the Ready Reserve. The plan shall
provide for voluntary enrollment and for premium sharing
between the Department of Defense and the members enrolled in
the plan. The plan shall be administered under regulations
prescribed by the Secretary of Defense.
``(b) Premium Sharing.--(1) A member enrolling in the
dental insurance plan shall pay a share of the premium
charged for the insurance coverage. The member's share may
not exceed $25 per month.
``(2) The Secretary of Defense may reduce the monthly
premium required to be paid by enlisted members under
paragraph (1) if the Secretary determines that the reduction
is appropriate in order to assist enlisted members to
participate in the dental insurance plan.
``(3) A member's share of the premium for coverage by the
dental insurance plan shall be deducted and withheld from the
basic pay payable to the member for inactive duty training
and from the basic pay payable to the member for active duty.
``(4) The Secretary of Defense shall pay the portion of the
premium charged for coverage of a member under the dental
insurance plan that exceeds the amount paid by the member.
``(c) Benefits Available Under the Plan.--The dental
insurance plan shall provide benefits for basic dental care
and treatment, including diagnostic services, prevent
[[Page 113]]
ative services, basic restorative services, and emergency
oral examinations.
``(d) Termination of Coverage.--The coverage of a member by
the dental insurance plan shall terminate on the last day of
the month in which the member is discharged, transfers to the
Individual Ready Reserve, Standby Reserve, or Retired
Reserve, or is ordered to active duty for a period of more
than 30 days.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1076a the following:
``1076b. Selected Reserve dental insurance.''.
(b) Implementation.--Beginning not later than October 1,
1996, the Secretary of Defense shall offer members of the
Selected Reserve the opportunity to enroll in the dental
insurance plan required under section 1076b of title 10,
United States Code (as added by subsection (a)). During
fiscal year 1996, the Secretary shall collect such
information and complete such planning and other preparations
as are necessary to offer and administer the dental insurance
plan by that date. The activities undertaken by the Secretary
under this subsection during fiscal year 1996 may include--
(1) surveys; and
(2) tests, in not more than three States, of a dental
insurance plan or alternative dental insurance plans meeting
the requirements of section 1076b of title 10, United States
Code.
SEC. 706. PERMANENT AUTHORITY TO CARRY OUT SPECIALIZED
TREATMENT FACILITY PROGRAM.
Section 1105 of title 10, United States Code, is amended by
striking out subsection (h).
Subtitle B--TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM.
For purposes of this subtitle, the term ``TRICARE program''
means the managed health care program that is established by
the Secretary of Defense under the authority of chapter 55 of
title 10, United States Code, principally section 1097 of
such title, and includes the competitive selection of
contractors to financially underwrite the delivery of health
care services under the Civilian Health and Medical Program
of the Uniformed Services.
SEC. 712. PRIORITY USE OF MILITARY TREATMENT FACILITIES FOR
PERSONS ENROLLED IN MANAGED CARE INITIATIVES.
Section 1097(c) of title 10, United States Code, is amended
in the third sentence by striking out ``However, the
Secretary may'' and inserting in lieu thereof
``Notwithstanding the preferences established by sections
1074(b) and 1076 of this title, the Secretary shall''.
SEC. 713. STAGGERED PAYMENT OF ENROLLMENT FEES FOR TRICARE
PROGRAM.
Section 1097(e) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``Without
imposing additional costs on covered beneficiaries who
participate in contracts for health care services under this
section or health care plans offered under section 1099 of
this title, the Secretary shall permit such covered
beneficiaries to pay, on a quarterly basis, any enrollment
fee required for such participation.''.
SEC. 714. REQUIREMENT OF BUDGET NEUTRALITY FOR TRICARE
PROGRAM TO BE BASED ON ENTIRE PROGRAM.
(a) Change in Budget Neutrality Requirements.--Subsection
(c) of section 731 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 1073
note) is amended--
(1) by striking out ``each managed health care initiative
that includes the option'' and inserting in lieu thereof
``the TRICARE program''; and
(2) by striking out ``covered beneficiaries who enroll in
the option'' and inserting in lieu thereof ``members of the
uniformed services and covered beneficiaries who participate
in the TRICARE program''.
(b) Addition of Definition of TRICARE Program.--Subsection
(d) of such section is amended to read as follows:
``(d) Definitions.--For purposes of this section:
``(1) The term `covered beneficiary' means a beneficiary
under chapter 55 of title 10, United States Code, other than
a beneficiary under section 1074(a) of such title.
``(2) The term `TRICARE program' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes
the competitive selection of contractors to financially
underwrite the delivery of health care services under the
Civilian Health and Medical Program of the Uniformed
Services.''.
SEC. 715. TRAINING IN HEALTH CARE MANAGEMENT AND
ADMINISTRATION FOR TRICARE LEAD AGENTS.
(a) Provision of Training.--Not later than six months after
the date of the enactment of this Act, the Secretary of
Defense shall implement a professional educational program to
provide appropriate training in health care management and
administration--
(1) to each commander of a military medical treatment
facility of the Department of Defense who is selected to
serve as a lead agent to coordinate the delivery of health
care by military and civilian providers under the TRICARE
program; and
(2) to appropriate members of the support staff of the
treatment facility who will be responsible for daily
operation of the TRICARE program.
(b) Report on Implementation.--Not later than six months
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report describing the
professional educational program implemented pursuant to this
section.
SEC. 716. PILOT PROGRAM OF INDIVIDUALIZED RESIDENTIAL MENTAL
HEALTH SERVICES.
(a) Program Required.--(1) During fiscal year 1996, the
Secretary of Defense, in consultation with the other
administering Secretaries under chapter 55 of title 10,
United States Code, shall implement a pilot program to
provide residential and wraparound services to children
described in paragraph (2) who are in need of mental health
services. The Secretary shall implement the pilot program for
an initial period of at least two years in a military health
care region in which the TRICARE program has been
implemented.
(2) A child shall be eligible for selection to participate
in the pilot program if the child is a dependent (as
described in subparagraph (D) or (I) of section 1072(2) of
title 10, United States Code) who--
(A) is eligible for health care under section 1079 or 1086
of such title; and
(B) has a serious emotional disturbance that is generally
regarded as amenable to treatment.
(b) Wraparound Services Defined.--For purposes of this
section, the term ``wraparound services'' means
individualized mental health services that are provided
principally to allow a child to remain in the family home or
other least-restrictive and least-costly setting, but also
are provided as an aftercare planning service for children
who have received acute or residential care. Such term
includes nontraditional mental health services that will
assist the child to be maintained in the least-restrictive
and least-costly setting.
(c) Pilot Program Agreement.--Under the pilot program the
Secretary of Defense shall enter into one or more agreements
that require a mental health services provider under the
agreement--
(1) to provide wraparound services to a child described in
subsection (a)(2);
(2) to continue to provide such services as needed during
the period of the agreement even if the child moves to
another location within the same TRICARE program region
during that period; and
(3) to share financial risk by accepting as a maximum
annual payment for such services a case-rate reimbursement
not in excess of the amount of the annual standard CHAMPUS
residential treatment benefit payable (as determined in
accordance with section 8.1 of chapter 3 of volume II of the
CHAMPUS policy manual).
(d) Report.--Not later than March 1, 1998, the Secretary of
Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives a report on the program carried out
under this section. The report shall contain--
(1) an assessment of the effectiveness of the program; and
(2) the Secretary's views regarding whether the program
should be implemented throughout the military health care
system.
SEC. 717. EVALUATION AND REPORT ON TRICARE PROGRAM
EFFECTIVENESS.
(a) Evaluation Required.--The Secretary of Defense shall
arrange for an on-going evaluation of the effectiveness of
the TRICARE program in meeting the goals of increasing the
access of covered beneficiaries under chapter 55 of title 10,
United States Code, to health care and improving the quality
of health care provided to covered beneficiaries, without
increasing the costs incurred by the Government or covered
beneficiaries. The evaluation shall specifically address--
(1) the impact of the TRICARE program on military retirees
with regard to access, costs, and quality of health care
services; and
(2) identify noncatchment areas in which the health
maintenance organization option of the TRICARE program is
available or is proposed to become available.
(b) Entity To Conduct Evaluation.--The Secretary may use a
federally funded research and development center to conduct
the evaluation required by subsection (a).
(c) Annual Report.--Not later than March 1, 1997, and each
March 1 thereafter, the Secretary shall submit to Congress a
report describing the results of the evaluation under
subsection (a) during the preceding year.
SEC. 718. SENSE OF CONGRESS REGARDING ACCESS TO HEALTH CARE
UNDER TRICARE PROGRAM FOR COVERED BENEFICIARIES
WHO ARE MEDICARE ELIGIBLE.
(a) Findings.--Congress finds the following:
(1) Medical care provided in facilities of the uniformed
services is generally less expensive to the Federal
Government than the same care provided at Government expense
in the private sector.
(2) Covered beneficiaries under the military health care
provisions of chapter 55, United States Code, who are
eligible for medicare under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) deserve health care
options that empower them to choose the health plan that best
fits their needs.
(b) Sense of Congress.--In light of the findings specified
in subsection (a), it is the sense of Congress that--
(1) the Secretary of Defense should develop a program to
ensure that such covered bene
[[Page 114]]
ficiaries who reside in a region in which the TRICARE program
has been implemented continue to have adequate access to
health care services after the implementation of the TRICARE
program; and
(2) as a means of ensuring such access, the budget for
fiscal year 1997 submitted by the President under section
1105 of title 31, United States Code, should provide for
reimbursement by the Health Care Financing Administration to
the Department of Defense for health care services provided
to such covered beneficiaries in medical treatment facilities
of the Department of Defense.
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. DELAY OF TERMINATION OF STATUS OF CERTAIN
FACILITIES AS UNIFORMED SERVICES TREATMENT
FACILITIES.
Section 1252(e) of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d(e)) is amended by striking out
``December 31, 1996'' in the first sentence and inserting in
lieu thereof ``September 30, 1997''.
SEC. 722. LIMITATION ON EXPENDITURES TO SUPPORT UNIFORMED
SERVICES TREATMENT FACILITIES.
Subsection (f) of section 1252 of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d), is amended to read
as follows:
``(f) Limitation on Expenditures.--The total amount of
expenditures by the Secretary of Defense to carry out this
section and section 911 of the Military Construction
Authorization Act, 1982 (42 U.S.C. 248c), for fiscal year
1996 may not exceed $300,000,000, adjusted by the Secretary
to reflect the inflation factor used by the Department of
Defense for such fiscal year.''.
SEC. 723. APPLICATION OF CHAMPUS PAYMENT RULES IN CERTAIN
CASES.
Section 1074 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) The Secretary of Defense may require, by
regulation, a private CHAMPUS provider to apply the CHAMPUS
payment rules (subject to any modifications considered
appropriate by the Secretary) in imposing charges for health
care that the private CHAMPUS provider provides to a member
of the uniformed services who is enrolled in a health care
plan of a facility deemed to be a facility of the uniformed
services under section 911(a) of the Military Construction
Authorization Act, 1982 (42 U.S.C. 248c(a)) when the health
care is provided outside the catchment area of the facility.
``(2) In this subsection:
``(A) The term `private CHAMPUS provider' means a private
facility or health care provider that is a health care
provider under the Civilian Health and Medical Program of the
Uniformed Services.
``(B) The term `CHAMPUS payment rules' means the payment
rules referred to in subsection (c).
``(3) The Secretary of Defense shall prescribe regulations
under this subsection after consultation with the other
administering Secretaries.''.
SEC. 724. APPLICATION OF FEDERAL ACQUISITION REGULATION TO
PARTICIPATION AGREEMENTS WITH UNIFORMED
SERVICES TREATMENT FACILITIES.
(a) Section 718(c) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587)
is amended--
(1) in the second sentence of paragraph (1), by striking
out ``A participation agreement'' and inserting in lieu
thereof ``Except as provided in paragraph (4), a
participation
agreement'';
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Application of federal acquisition regulation.--On
and after the date of the enactment of this paragraph,
Uniformed Services Treatment Facilities and any participation
agreement between Uniformed Services Treatment Facilities and
the Secretary of Defense shall be subject to the Federal
Acquisition Regulation issued pursuant to section 25(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
421(c)) notwithstanding any provision to the contrary in such
a participation agreement. The requirements regarding
competition in the Federal Acquisition Regulation shall apply
with regard to the negotiation of any new participation
agreement between the Uniformed Services Treatment Facilities
and the Secretary of Defense under this subsection or any
other provision of law.''.
(b) Sense of Congress.--(1) Congress finds that the
Uniformed Services Treatment Facilities provide quality
health care to the 120,000 Department of Defense
beneficiaries enrolled in the Uniformed Services Family
Health Plan provided by these facilities.
(2) In light of such finding, it is the sense of Congress
that the Uniformed Services Family Health Plan provided by
the Uniformed Services Treatment Facilities should not be
terminated for convenience under provisions of the Federal
Acquisition Regulation by the Secretary of Defense before the
expiration of the current participation agreements.
(3) For purposes of this subsection, the term ``Uniformed
Services Treatment Facility'' means a facility deemed to be a
facility of the uniformed services by virtue of section
911(a) of the Military Construction Authorization Act, 1982
(42 U.S.C. 248c(a)).
SEC. 725. DEVELOPMENT OF PLAN FOR INTEGRATING UNIFORMED
SERVICES TREATMENT FACILITIES IN MANAGED CARE
PROGRAMS OF DEPARTMENT OF DEFENSE.
Section 718(c) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is
amended by inserting after paragraph (4), as added by section
722, the following new paragraph:
``(5) Plan for integrating facilities.--(A) The Secretary
of Defense shall develop a plan under which Uniformed
Services Treatment Facilities could be included, before the
expiration date of the participation agreements entered into
under this section, in the exclusive health care provider
networks established by the Secretary for the geographic
regions in which the facilities are located. The Secretary
shall address in the plan the feasibility of implementing the
managed care plan of the Uniformed Services Treatment
Facilities, known as Option II, on a mandatory basis for all
USTF Medicare-eligible beneficiaries and the potential cost
savings to the Military Health Care Program that could be
achieved under such option.
``(B) The Secretary shall submit the plan developed under
this paragraph to Congress not later than March 1, 1996.
``(C) The plan developed under this paragraph shall be
consistent with the requirements specified in paragraph (4).
If the plan is not submitted to Congress by the expiration
date of the participation agreements entered into under this
section, the participation agreements shall remain in effect,
at the option of the Uniformed Services Treatment Facilities,
until the end of the 180-day period beginning on the date the
plan is finally submitted.
``(D) For purposes of this paragraph, the term `USTF
Medicare-eligible beneficiaries' means covered beneficiaries
under chapter 55 of title 10, United States Code, who are
enrolled in a managed health plan offered by the Uniformed
Services Treatment Facilities and entitled to hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).''.
SEC. 726. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING
REQUIREMENTS FOR UNIFORMED SERVICES TREATMENT
FACILITIES.
(a) Time for Fee Implementation.--The uniform managed care
benefit fee and copayment schedule developed by the Secretary
of Defense for use in all managed care initiatives of the
military health service system, including the managed care
program of the Uniformed Services Treatment Facilities, shall
be extended to the managed care program of a Uniformed
Services Treatment Facility only after the later of--
(1) the implementation of the TRICARE regional program
covering the service area of the Uniformed Services Treatment
Facility; or
(2) October 1, 1996.
(b) Submission of Actuarial Estimates.--Paragraph (2) of
subsection (a) shall operate as a condition on the extension
of the uniform managed care benefit fee and copayment
schedule to the Uniformed Services Treatment Facilities only
if the Uniformed Services Treatment Facilities submit to the
Comptroller General of the United States, within 30 days
after the date of the enactment of this Act, actuarial
estimates in support of their contention that the extension
of such fees and copayments will have an adverse effect on
the operation of the Uniformed Services Treatment Facilities
and the enrollment of participants.
(c) Evaluation.--(1) Except as provided in paragraph (2),
not later than 90 days after the date of the enactment of
this Act, the Comptroller General shall submit to Congress
the results of an evaluation of the effect on the Uniformed
Services Treatment Facilities of the extension of the uniform
benefit fee and copayment schedule to the Uniformed Services
Treatment Facilities. The evaluation shall include an
examination of whether the benefit fee and copayment schedule
may--
(A) cause adverse selection of enrollees;
(B) be inappropriate for a fully at-risk program similar to
civilian health maintenance organizations; or
(C) result in an enrolled population dissimilar to the
general beneficiary population.
(2) The Comptroller General shall not be required to
prepare or submit the evaluation under paragraph (1) if the
Uniformed Services Treatment Facilities fail to
satisfactorily comply with subsection (b), as determined by
the Comptroller General.
SEC. 727. ELIMINATION OF UNNECESSARY ANNUAL REPORTING
REQUIREMENT REGARDING UNIFORMED SERVICES
TREATMENT FACILITIES.
Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d), is amended by striking out
subsection (d).
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL HEALTH-
CARE PROVIDERS UNDER CHAMPUS.
(a) Maximum Payment.--Subsection (h) of section 1079 of
title 10, United States Code, is amended by striking out
paragraph (1) and inserting in lieu thereof the following new
paragraph:
``(1) Payment for a charge for services by an individual
health care professional (or other noninstitutional health
care provider) for which a claim is submitted under a plan
contracted for under subsection (a) may not exceed the lesser
of--
``(A) the amount equivalent to the 80th percentile of
billed charges made for similar services in the same locality
during the base period; or
[[Page 115]]
``(B) an amount determined to be appropriate, to the extent
practicable, in accordance with the same reimbursement rules
as apply to payments for similar services under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.).''.
(b) Comparison to Medicare Payments.--Such subsection is
further amended by adding at the end the following new
paragraph:
``(3) For the purposes of paragraph (1)(B), the appropriate
payment amount shall be determined by the Secretary of
Defense, in consultation with the other administering
Secretaries.''.
(c) Exceptions and Limitations.--Such subsection is further
amended by inserting after paragraph (3), as added by
subsection (b), the following new paragraphs:
``(4) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations
to provide for such exceptions to the payment limitations
under paragraph (1) as the Secretary determines to be
necessary to assure that covered beneficiaries retain
adequate access to health care services. Such exceptions may
include the payment of amounts higher than the amount allowed
under paragraph (1) when enrollees in managed care programs
obtain covered emergency services from nonparticipating
providers. To provide a suitable transition from the payment
methodologies in effect before the date of the enactment of
this paragraph to the methodology required by paragraph (1),
the amount allowable for any service may not be reduced by
more than 15 percent below the amount allowed for the same
service during the immediately preceding 12-month period (or
other period as established by the Secretary of Defense).
``(5) The Secretary of Defense, in consultation with the
other administering Secretaries, shall prescribe regulations
to establish limitations (similar to the limitations
established under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.)) on beneficiary liability for charges of
an individual health care professional (or other
noninstitutional health care provider).''.
(d) Conforming Amendment.--Paragraph (2) of such subsection
is amended by striking out ``paragraph (1)'' and inserting in
lieu thereof ``paragraph (1)(A)''.
(e) Report on Effect of Amendments.--Not later than March
1, 1996, the Secretary of Defense shall submit to Congress a
report analyzing the effect of the amendments made by this
section on the ability or willingness of individual health
care professionals and other noninstitutional health care
providers to participate in the Civilian Health and Medical
Program of the Uniformed Services.
SEC. 732. NOTIFICATION OF CERTAIN CHAMPUS COVERED
BENEFICIARIES OF LOSS OF CHAMPUS ELIGIBILITY.
Section 1086(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The administering Secretaries shall develop a
mechanism by which persons described in paragraph (1) who
satisfy only the criteria specified in subparagraphs (A) and
(B) of paragraph (2), but not subparagraph (C) of such
paragraph, are promptly notified of their ineligibility for
health benefits under this section. In developing the
notification mechanism, the administering Secretaries shall
consult with the administrator of the Health Care Financing
Administration.''.
SEC. 733. PERSONAL SERVICES CONTRACTS FOR MEDICAL TREATMENT
FACILITIES OF THE COAST GUARD.
(a) Contracting Authority.--Section 1091(a) of title 10,
United States Code, is amended--
(1) by inserting after ``Secretary of Defense'' the
following: ``, with respect to medical treatment facilities
of the Department of Defense, and the Secretary of
Transportation, with respect to medical treatment facilities
of the Coast Guard when the Coast Guard is not operating as a
service in the Navy,''; and
(2) by striking out ``medical treatment facilities of the
Department of Defense'' and inserting in lieu thereof ``such
facilities''.
(b) Ratification of Existing Contracts.--Any exercise of
authority under section 1091 of title 10, United States Code,
to enter into a personal services contract on behalf of the
Coast Guard before the effective date of the amendments made
by subsection (a) is hereby ratified.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect as of October 1, 1995.
SEC. 734. IDENTIFICATION OF THIRD-PARTY PAYER SITUATIONS.
Section 1095 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k)(1) To improve the administration of this section and
sections 1079(j)(1) and 1086(d) of this title, the Secretary
of Defense, in consultation with the other administering
Secretaries, may prescribe regulations providing for the
collection of information regarding insurance, medical
service, or health plans of third-party payers held by
covered beneficiaries.
``(2) The collection of information under regulations
prescribed under paragraph (1) shall be conducted in the same
manner as is provided in section 1862(b)(5) of the Social
Security Act (42 U.S.C. 1395y(b)(5)). The Secretary may
provide for obtaining from the Commissioner of Social
Security employment information comparable to the information
provided to the Administrator of the Health Care Financing
Administration pursuant to such section. Such regulations may
require the mandatory disclosure of Social Security account
numbers for all covered beneficiaries.
``(3) The Secretary may disclose relevant employment
information collected under this subsection to fiscal
intermediaries or other designated contractors.
``(4) The Secretary may provide for contacting employers of
covered beneficiaries to obtain group health plan information
comparable to the information authorized to be obtained under
section 1862(b)(5)(C) of the Social Security Act (42 U.S.C.
1395y(b)(5)(C)). Notwithstanding clause (iii) of such
section, clause (ii) of such section regarding the imposition
of civil money penalties shall apply to the collection of
information under this paragraph.
``(5) Information obtained under this subsection may not be
disclosed for any purpose other than to carry out the purpose
of this section and sections 1079(j)(1) and 1086(d) of this
title.''.
SEC. 735. REDESIGNATION OF MILITARY HEALTH CARE ACCOUNT AS
DEFENSE HEALTH PROGRAM ACCOUNT AND TWO-YEAR
AVAILABILITY OF CERTAIN ACCOUNT FUNDS.
(a) Redesignation.--Section 1100 of title 10, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by striking out ``Military Health Care Account'' and
inserting in lieu thereof ``Defense Health Program Account'';
and
(B) by striking out ``the Civilian Health and Medical
Program of the Uniformed Services'' and inserting in lieu
thereof ``medical and health care programs of the Department
of Defense''; and
(2) in subsection (b)--
(A) by striking out ``entering into a contract'' and
inserting in lieu thereof ``conducting programs and
activities under this chapter, including contracts entered
into''; and
(B) by inserting a comma after ``title''.
(b) Two Year Availability of Certain Appropriations.--
Subsection (a)(2) of such section is amended to read as
follows:
``(2) Of the total amount appropriated for a fiscal year
for programs and activities carried out under this chapter,
the amount equal to three percent of such total amount shall
remain available for obligation until the end of the
following fiscal year.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) by striking out subsections (c), (d), and (f); and
(2) by redesignating subsection (e) as subsection (c).
(d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1100. Defense Health Program Account''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
``1100. Defense Health Program Account.''.
SEC. 736. EXPANSION OF FINANCIAL ASSISTANCE PROGRAM FOR
HEALTH-CARE PROFESSIONALS IN RESERVE COMPONENTS
TO INCLUDE DENTAL SPECIALTIES.
Section 16201(b) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``and
Dentists'' after ``Physicians'';
(2) in paragraph (1)(A), by inserting ``or dental school''
after ``medical school'';
(3) in paragraphs (1)(B) and (2)(B), by inserting ``or
dental officer'' after ``medical officer''; and
(4) in paragraph (1)(C), by striking out ``physicians in a
medical specialty'' and inserting in lieu thereof
``physicians or dentists in a medical or dental specialty''.
SEC. 737. APPLICABILITY OF LIMITATION ON PRICES OF
PHARMACEUTICALS PROCURED FOR COAST GUARD.
(a) Inclusion of Coast Guard.--Section 8126(b) of title 38,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) The Coast Guard.''.
(b) Effective Date; Application of Amendment.--The
amendment made by subsection (a) shall take effect as if
included in the enactment of section 603 of the Veterans
Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4971).
SEC. 738. RESTRICTION ON USE OF DEPARTMENT OF DEFENSE
FACILITIES FOR ABORTIONS.
(a) In General.--Section 1093 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Restriction on Use of
Funds.--'' before ``Funds available''; and
(2) by adding at the end the following:
``(b) Restriction on Use of Facilities.--No medical
treatment facility or other facility of the Department of
Defense may be used to perform an abortion except where the
life of the mother would be endangered if the fetus were
carried to term or in a case in which the pregnancy is the
result of an act of rape or incest.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1093. Performance of abortions: restrictions''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
``1093. Performance of abortions: restrictions.''.
Subtitle E--Other Matters
SEC. 741. TRISERVICE NURSING RESEARCH.
(a) Program Authorized.--Chapter 104 of title 10, United
States Code, is amended by adding at the end the following
new section:
[[Page 116]]
``Sec. 2116. Military nursing research
``(a) Definitions.--In this section:
``(1) The term `military nursing research' means research
on the furnishing of care and services by nurses in the armed
forces.
``(2) The term `TriService Nursing Research Program' means
the program of military nursing research authorized under
this section.
``(b) Program Authorized.--The Secretary of Defense may
establish at the University a program of military nursing
research.
``(c) TriService Research Group.--The TriService Nursing
Research Program shall be administered by a TriService
Nursing Research Group composed of Army, Navy, and Air Force
nurses who are involved in military nursing research and are
designated by the Secretary concerned to serve as members of
the group.
``(d) Duties of Group.--The TriService Nursing Research
Group shall--
``(1) develop for the Department of Defense recommended
guidelines for requesting, reviewing, and funding proposed
military nursing research projects; and
``(2) make available to Army, Navy, and Air Force nurses
and Department of Defense officials concerned with military
nursing research--
``(A) information about nursing research projects that are
being developed or carried out in the Army, Navy, and Air
Force; and
``(B) expertise and information beneficial to the
encouragement of meaningful nursing research.
``(e) Research Topics.--For purposes of this section,
military nursing research includes research on the following
issues:
``(1) Issues regarding how to improve the results of
nursing care and services provided in the armed forces in
time of peace.
``(2) Issues regarding how to improve the results of
nursing care and services provided in the armed forces in
time of war.
``(3) Issues regarding how to prevent complications
associated with battle injuries.
``(4) Issues regarding how to prevent complications
associated with the transporting of patients in the military
medical evacuation system.
``(5) Issues regarding how to improve methods of training
nursing personnel.
``(6) Clinical nursing issues, including such issues as
prevention and treatment of child abuse and spouse abuse.
``(7) Women's health issues.
``(8) Wellness issues.
``(9) Preventive medicine issues.
``(10) Home care management issues.
``(11) Case management issues.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 104 of such title is amended by adding
at the end the following:
``2116. Military nursing research.''.
SEC. 742. TERMINATION OF PROGRAM TO TRAIN MILITARY
PSYCHOLOGISTS TO PRESCRIBE PSYCHOTROPIC
MEDICATIONS.
(a) Termination.--Not later than June 30, 1997, the
Secretary of Defense shall terminate the demonstration pilot
program for training military psychologists in the
prescription of psychotropic medications, which is referred
to in section 8097 of the Department of Defense
Appropriations Act, 1991 (Public Law 101-511; 104 Stat.
1897).
(b) Prohibition on Additional Enrollees Pending
Termination.--After the date of the enactment of this Act,
the Secretary of Defense may not enroll any new participants
for the demonstration pilot program described in subsection
(a).
(c) Effect on Current Participants.--The requirement to
terminate the demonstration pilot program described in
subsection (a) shall not be construed to affect the training
or utilization of military psychologists in the prescription
of psychotropic medications who are participating in the
demonstration pilot program on the date of the enactment of
this Act or who have completed such training before that
date.
(d) Evaluation.--As soon as possible after the date of the
enactment of this Act, but not later than April 1, 1997, the
Comptroller General of the United States shall submit to
Congress a report evaluating the success of the demonstration
pilot program described in subsection (a). The report shall
include--
(1) a cost-benefit analysis of the program;
(2) a discussion of the utilization requirements under the
program; and
(3) recommendations regarding--
(A) whether the program should be extended so as to
continue to provide training to military psychologists in the
prescription of psychotropic medications; and
(B) any modifications that should be made in the manner in
which military psychologists are trained and used to
prescribe psychotropic medications so as to improve the
training provided under the program, if the program is
extended.
SEC. 743. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN
PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Collection.--The administering
Secretaries may waive the collection of payments otherwise
due from a person described in subsection (b) as a result of
the receipt by the person of health benefits under section
1086 of title 10, United States Code, after the termination
of the person's eligibility for such benefits.
(b) Persons Eligible for Waiver.--A person shall be
eligible for relief under subsection (a) if the person--
(1) is a person described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) in the absence of such paragraph, would have been
eligible for health benefits under such section; and
(3) at the time of the receipt of such benefits, satisfied
the criteria specified in subparagraphs (A) and (B) of
paragraph (2) of such subsection.
(c) Extent of Waiver Authority.--The authority to waive the
collection of payments pursuant to this section shall apply
with regard to health benefits provided under section 1086 of
title 10, United States Code, to persons described in
subsection (b) during the period beginning on January 1,
1967, and ending on the later of--
(1) the termination date of any special enrollment period
provided under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) specifically for such persons; and
(2) July 1, 1996.
(d) Definitions.--For purposes of this section, the term
``administering Secretaries'' has the meaning given such term
in section 1072(3) of title 10, United States Code.
SEC. 744. DEMONSTRATION PROGRAM TO TRAIN MILITARY MEDICAL
PERSONNEL IN CIVILIAN SHOCK TRAUMA UNITS.
(a) Demonstration Program.--(1) Not later than April 1,
1996, the Secretary of Defense shall implement a
demonstration program to evaluate the feasibility of
providing shock trauma training for military medical
personnel through one or more public or nonprofit hospitals.
The Secretary shall carry out the program pursuant to an
agreement with such hospitals.
(2) Under the agreement with a hospital, the Secretary
shall assign military medical personnel participating in the
demonstration program to temporary duty in shock trauma units
operated by the hospitals that are parties to the agreement.
(3) The agreement shall require, as consideration for the
services provided by military medical personnel under the
agreement, that the hospital provide appropriate care to
members of the Armed Forces and to other persons whose care
in the hospital would otherwise require reimbursement by the
Secretary. The value of the services provided by the
hospitals shall be at least equal to the value of the
services provided by military medical personnel under the
agreement.
(b) Termination of Program.--The authority of the Secretary
of Defense to conduct the demonstration program under this
section, and any agreement entered into under the
demonstration program, shall expire on March 31, 1998.
(c) Report and Evaluation of Program.--(1) Not later than
March 1 of each year in which the demonstration program is
conducted under this section, the Secretary of Defense shall
submit to Congress a report describing the scope and
activities of the demonstration program during the preceding
year.
(2) Not later than May 1, 1998, the Comptroller General of
the United States shall submit to Congress a report
evaluating the effectiveness of the demonstration program in
providing shock trauma training for military medical
personnel.
SEC. 745. STUDY REGARDING DEPARTMENT OF DEFENSE EFFORTS TO
DETERMINE APPROPRIATE FORCE LEVELS OF WARTIME
MEDICAL PERSONNEL.
(a) Study Required.--The Comptroller General of the United
States shall conduct a study to evaluate the reasonableness
of the models used by each military department for
determining the appropriate wartime force level for medical
personnel in the department. The study shall include the
following:
(1) An assessment of the modeling techniques used by each
department.
(2) An analysis of the data used in the models to identify
medical personnel requirements.
(3) An identification of the ability of the models to
integrate personnel of reserve components to meet department
requirements.
(4) An evaluation of the ability of the Secretary of
Defense to integrate the various modeling efforts into a
comprehensive, coordinated plan for obtaining the optimum
force level for wartime medical personnel.
(b) Report of Study.--Not later than June 30, 1996, the
Comptroller General shall report to Congress on the results
of the study conducted under subsection (a).
SEC. 746. REPORT ON IMPROVED ACCESS TO MILITARY HEALTH CARE
FOR COVERED BENEFICIARIES ENTITLED TO MEDICARE.
Not later than March 1, 1996, the Secretary of Defense
shall submit to Congress a report evaluating the feasibility,
costs, and consequences for the military health care system
of improving access to the system for covered beneficiaries
under chapter 55 of title 10, United States Code, who have
limited access to military medical treatment facilities and
are ineligible for the Civilian Health and Medical Program of
the Uniformed Services under section 1086(d)(1) of such
title. The alternatives that the Secretary shall consider to
improve access for such covered beneficiaries shall include--
(1) whether CHAMPUS should serve as a second payer for
covered beneficiaries who are entitled to hospital insurance
benefits under part A of title XVIII of the Social Security
Act (42 U.S.C. 1395c et seq.); and
(2) whether such covered beneficiaries should be offered
enrollment in the Federal Employees Health Benefits program
under chapter 89 of title 5, United States Code.
[[Page 117]]
SEC. 747. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS ARMY
MEDICAL CENTER, COLORADO, ON PROVISION OF CARE
TO MILITARY PERSONNEL, RETIRED MILITARY
PERSONNEL, AND THEIR DEPENDENTS.
(a) Effect of Closure on Members Experiencing Health
Difficulties Associated With Persian Gulf Syndrome.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a
report that--
(1) assesses the effects of the closure of Fitzsimons Army
Medical Center, Colorado, on the capability of the Department
of Defense to provide appropriate and adequate health care to
members and former members of the Armed Forces who suffer
from undiagnosed illnesses (or combination of illnesses) as a
result of service in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf conflict; and
(2) describes the plans of the Secretary of Defense and the
Secretary of the Army to ensure that adequate and appropriate
health care is provided to such members for such illnesses
(or combination of illnesses).
(b) Effect of Closure on Other Covered Beneficiaries.--The
report required by subsection (a) shall also include--
(1) an assessment of the effects of the closure of
Fitzsimons Army Medical Center on the capability of the
Department of Defense to provide appropriate and adequate
health care to the dependents of members and former members
of the Armed Forces and retired members and their dependents
who currently obtain care at the medical center; and
(2) a description of the plans of the Secretary of Defense
and the Secretary of the Army to ensure that adequate and
appropriate health care is provided to such persons, as
called for in the recommendations of the Secretary of Defense
for the closure of Fitzsimons Army Medical Center.
SEC. 748. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE
SERVICES FOR COVERED BENEFICIARIES ADVERSELY
AFFECTED BY CLOSURES OF MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Findings.--Congress finds the following:
(1) Military installations selected for closure in the 1991
and 1993 rounds of the base closure process will soon close.
(2) Additional military installations have been selected
for closure in the 1995 round of the base closure process.
(3) Some of the military installations selected for closure
include military medical treatment facilities.
(4) As a result of these base closures, tens of thousands
of covered beneficiaries under chapter 55 of title 10, United
States Code, who reside in the vicinity of such installations
will be left without immediate access to military medical
treatment facilities.
(b) Sense of Congress.--In light of the findings specified
in subsection (a), it is the sense of Congress that the
Secretary of Defense should take all appropriate steps
necessary to ensure the continuation of medical and
pharmaceutical benefits for covered beneficiaries adversely
affected by the closure of military
installations.
SEC. 749. STATE RECOGNITION OF MILITARY ADVANCE MEDICAL
DIRECTIVES.
(a) Requirement for Recognition by States.--(1) Chapter 53
of title 10, United States Code, is amended by inserting
after section 1044b the following new section:
``Sec. 1044c. Advance medical directives of members and
dependents: requirement for recognition by States
``(a) Instruments To Be Given Legal Effect Without Regard
to State Law.--An advance medical directive executed by a
person eligible for legal assistance--
``(1) is exempt from any requirement of form, substance,
formality, or recording that is provided for advance medical
directives under the laws of a State; and
``(2) shall be given the same legal effect as an advance
medical directive prepared and executed in accordance with
the laws of the State concerned.
``(b) Advance Medical Directives.--For purposes of this
section, an advance medical directive is any written
declaration that--
``(1) sets forth directions regarding the provision,
withdrawal, or withholding of life-prolonging procedures,
including hydration and sustenance, for the declarant
whenever the declarant has a terminal physical condition or
is in a persistent vegetative state; or
``(2) authorizes another person to make health care
decisions for the declarant, under circumstances stated in
the declaration, whenever the declarant is incapable of
making informed health care decisions.
``(c) Statement To Be Included.--(1) Under regulations
prescribed by the Secretary concerned, an advance medical
directive prepared by an attorney authorized to provide legal
assistance shall contain a statement that sets forth the
provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make
inapplicable the provisions of subsection (a) to an advance
medical directive that does not include a statement described
in that paragraph.
``(d) States Not Recognizing Advance Medical Directives.--
Subsection (a) does not make an advance medical directive
enforceable in a State that does not otherwise recognize and
enforce advance medical directives under the laws of the
State.
``(e) Definitions.--In this section:
``(1) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and a possession of the
United States.
``(2) The term `person eligible for legal assistance' means
a person who is eligible for legal assistance under section
1044 of this title.
``(3) The term `legal assistance' means legal services
authorized under section 1044 of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1044b the following:
``1044c. Advance medical directives of members and dependents:
requirement for recognition by States.''.
(b) Effective Date.--Section 1044c of title 10, United
States Code, shall take effect on the date of the enactment
of this Act and shall apply to advance medical directives
referred to in that section that are executed before, on, or
after that date.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
SEC. 801. INAPPLICABILITY OF LIMITATION ON EXPENDITURE OF
APPROPRIATIONS TO CONTRACTS AT OR BELOW
SIMPLIFIED ACQUISITION THRESHOLD.
Section 2207 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Money appropriated''; and
(2) by adding at the end the following new subsection:
``(b) This section does not apply to a contract that is for
an amount not greater than the simplified acquisition
threshold (as defined in section 4(11) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(11))).''.
SEC. 802. AUTHORITY TO DELEGATE CONTRACTING AUTHORITY.
(a) Repeal of Duplicative Authority and Restriction.--
Section 2356 of title 10, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by striking out the item relating to section 2356.
SEC. 803. CONTROL IN PROCUREMENTS OF CRITICAL AIRCRAFT AND
SHIP SPARE PARTS.
(a) Repeal.--Section 2383 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by striking
out the item relating to section 2383.
SEC. 804. FEES FOR CERTAIN TESTING SERVICES.
Section 2539b(c) of title 10, United States Code, is
amended by inserting ``and indirect'' after ``recoup the
direct'' in the second sentence.
SEC. 805. COORDINATION AND COMMUNICATION OF DEFENSE RESEARCH
ACTIVITIES.
Section 2364 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by striking out ``milestone O,
milestone I, and milestone II'' and inserting in lieu thereof
``acquisition program''; and
(2) in subsection (c), by striking out paragraphs (2), (3),
and (4) and inserting in lieu thereof the following:
``(2) The term `acquisition program decision' has the
meaning prescribed by the Secretary of Defense in
regulations.''.
SEC. 806. ADDITION OF CERTAIN ITEMS TO DOMESTIC SOURCE
LIMITATION.
(a) Limitation.--(1) Paragraph (3) of section 2534(a) of
title 10, United States Code, is amended to read as follows:
``(3) Components for naval vessels.--(A) The following
components:
``(i) Air circuit breakers.
``(ii) Welded shipboard anchor and mooring chain with a
diameter of four inches or less.
``(iii) Vessel propellers with a diameter of six feet or
more.
``(B) The following components of vessels, to the extent
they are unique to marine applications: gyrocompasses,
electronic navigation chart systems, steering controls,
pumps, propulsion and machinery control systems, and totally
enclosed lifeboats.''.
(2) Subsection (b) of section 2534 of such title is amended
by adding at the end the following:
``(3) Manufacturer of vessel propellers.--In the case of a
procurement of vessel propellers referred to in subsection
(a)(3)(A)(ii), the manufacturer of the propellers meets the
requirements of this subsection only if--
``(A) the manufacturer meets the requirements set forth in
paragraph (1); and
``(B) all castings incorporated into such propellers are
poured and finished in the United States.''.
(3) Paragraph (1) of section 2534(c) of such title is
amended to read as follows:
``(1) Components for naval vessels.--Subsection (a) does
not apply to a procurement of spare or repair parts needed to
support components for naval vessels produced or manufactured
outside the United States.''.
(4) Section 2534 of such title is amended by adding at the
end the following new subsection:
``(h) Implementation of Naval Vessel Component
Limitation.--In implementing subsection (a)(3)(B), the
Secretary of Defense--
``(1) may not use contract clauses or certifications; and
[[Page 118]]
``(2) shall use management and oversight techniques that
achieve the objective of the subsection without imposing a
significant management burden on the Government or the
contractor involved.''.
(5) Subsection (a)(3)(B) of section 2534 of title 10,
United States Code, as amended by paragraph (1), shall apply
only to contracts entered into after March 31, 1996.
(b) Extension of Limitation Relating to Ball Bearings and
Roller Bearings.--Section 2534(c)(3) of such title is amended
by striking out ``October 1, 1995'' and inserting in lieu
thereof ``October 1, 2000''.
(c) Termination of Vessel Propeller Limitation.--Section
2534(c) of such title is amended by adding at the end the
following new paragraph:
``(4) Vessel propellers.--Subsection (a)(3)(A)(iii) and
this paragraph shall cease to be effective on the date
occurring two years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996.''.
(d) Inapplicability of Simplified Acquisition Limitation to
Contracts for Ball Bearings and Roller Bearings.--Section
2534(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``This section''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to contracts for items
described in subsection (a)(5) (relating to ball bearings and
roller bearings), notwithstanding section 33 of the Office of
Federal Procurement Policy Act (41 U.S.C. 429).''.
SEC. 807. ENCOURAGEMENT OF USE OF LEASING AUTHORITY.
(a) In General.--(1) Section 2401a of title 10, United
States Code, is amended--
(A) by inserting before ``The Secretary of Defense'' the
following subsection heading: ``(b) Limitation on Contracts
With Terms of 18 Months or More.--'';
(B) by inserting after the section heading the following:
``(a) Leasing of Commercial Vehicles and Equipment.--The
Secretary of Defense may use leasing in the acquisition of
commercial vehicles and equipment whenever the Secretary
determines that leasing of such vehicles is practicable and
efficient.''; and
(C) by amending the section heading to read as follows:
``Sec. 2401a. Lease of vehicles, equipment, vessels, and
aircraft''.
(2) The item relating to section 2401a in the table of
sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2401a. Lease of vehicles, equipment, vessels, and aircraft.''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives a report setting forth changes in legislation
that would be required to facilitate the use of leasing in
the acquisition of equipment by the Department of Defense.
(c) Pilot Program.--(1) The Secretary of the Army may
conduct a pilot program for leasing commercial utility cargo
vehicles in accordance with this subsection.
(2) Under the pilot program--
(A) the Secretary may trade existing commercial utility
cargo vehicles of the Army for credit against the costs of
leasing new replacement commercial utility cargo vehicles for
the Army;
(B) the quantities and trade-in value of commercial utility
cargo vehicles to be traded in shall be subject to
negotiation between the Secretary and the lessors of the new
replacement commercial utility cargo vehicles;
(C) the lease agreement for a new commercial utility cargo
vehicle may be executed with or without an option to purchase
at the end of the lease period;
(D) the lease period for a new commercial utility cargo
vehicle may not exceed the warranty period for the vehicle;
and
(E) up to 40 percent of the validated requirement for
commercial utility cargo vehicles may be satisfied by leasing
such vehicles, except that one or more options for satisfying
the remainder of the validated requirement may be provided
for and exercised (subject to the requirements of paragraph
(6)).
(3) In awarding contracts under the pilot program, the
Secretary shall comply with section 2304 of title 10, United
States Code.
(4) The pilot program may not be commenced until--
(A) the Secretary submits to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that contains the
plans of the Secretary for implementing the program and that
sets forth in detail the savings in operating and support
costs expected to be derived from retiring older commercial
utility cargo vehicles, as compared to the expected costs of
leasing newer commercial utility cargo vehicles; and
(B) a period of 30 calendar days has elapsed after
submission of such report.
(5) Not later than one year after the date on which the
first lease under the pilot program is entered into, the
Secretary of the Army shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the status of the
pilot program. Such report shall be based on at least six
months of experience in operating the pilot program.
(6) The Secretary may exercise an option provided for under
paragraph (2) only after a period of 60 days has elapsed
after the submission of the report.
(7) No lease of commercial utility cargo vehicles may be
entered into under the pilot program after September 30,
2000.
SEC. 808. COST REIMBURSEMENT RULES FOR INDIRECT COSTS
ATTRIBUTABLE TO PRIVATE SECTOR WORK OF DEFENSE
CONTRACTORS.
(a) Defense Capability Preservation Agreement.--The
Secretary of Defense may enter into an agreement, to be known
as a ``defense capability preservation agreement'', with a
defense contractor under which the cost reimbursement rules
described in subsection (b) shall be applied. Such an
agreement may be entered into in any case in which the
Secretary determines that the application of such cost
reimbursement rules would facilitate the achievement of the
policy objectives set forth in section 2501(b) of title 10,
United States Code.
(b) Cost Reimbursement Rules.--(1) The cost reimbursement
rules applicable under an agreement entered into under
subsection (a) are as follows:
(A) The Department of Defense shall, in determining the
reimbursement due a contractor for its indirect costs of
performing a defense contract, allow the contractor to
allocate indirect costs to its private sector work only to
the extent of the contractor's allocable indirect private
sector costs, subject to subparagraph (C).
(B) For purposes of subparagraph (A), the allocable
indirect private sector costs of a contractor are those costs
of the contractor that are equal to the sum of--
(i) the incremental indirect costs attributable to such
work; and
(ii) the amount by which the revenue attributable to such
private sector work exceeds the sum of--
(I) the direct costs attributable to such private sector
work; and
(II) the incremental indirect costs attributable to such
private sector work.
(C) The total amount of allocable indirect private sector
costs for a contract in any year of the agreement may not
exceed the amount of indirect costs that a contractor would
have allocated to its private sector work during that year in
accordance with the contractor's established accounting
practices.
(2) The cost reimbursement rules set forth in paragraph (1)
may be modified by the Secretary of Defense if the Secretary
of Defense determines that modifications are appropriate to
the particular situation to facilitate achievement of the
policy set forth in section 2501(b) of title 10, United
States Code.
(c) Implementation.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish application procedures and procedures for
expeditious consideration of defense capability preservation
agreements as authorized by this section.
(d) Contracts Covered.--An agreement entered into with a
contractor under subsection (a) shall apply to each
Department of Defense contract with the contractor in effect
on the date on which the agreement is entered into and each
Department of Defense contract that is awarded to the
contractor during the term of the agreement.
(e) Reports.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report setting
forth--
(1) the number of applications received and the number of
applications approved for defense capability preservation
agreements; and
(2) any changes to the authority in this section that the
Secretary recommends to further facilitate the policy set
forth in section 2501(b) of title 10, United States Code.
SEC. 809. SUBCONTRACTS FOR OCEAN TRANSPORTATION SERVICES.
Notwithstanding any other provision of law, neither section
901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b))
nor section 2631 of title 10, United States Code, shall be
included before May 1, 1996, on any list promulgated under
section 34(b) of the Office of Federal Procurement Policy Act
(41 U.S.C. 430(b)).
SEC. 810. PROMPT RESOLUTION OF AUDIT RECOMMENDATIONS.
Section 6009 of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355; 108 Stat. 3367) is amended to read
as follows:
``SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION
OF AUDIT RECOMMENDATIONS.
``(a) Management Decisions.--(1) The head of a Federal
agency shall make management decisions on all findings and
recommendations set forth in an audit report of the inspector
general of the agency within a maximum of six months after
the issuance of the report.
``(2) The head of a Federal agency shall make management
decisions on all findings and recommendations set forth in an
audit report of any auditor from outside the Federal
Government within a maximum of six months after the date on
which the head of the agency receives the report.
``(b) Completion of Final Action.--The head of a Federal
agency shall complete final action on each management
decision required with regard to a recommendation in an
inspector general's report under sub
[[Page 119]]
section (a)(1) within 12 months after the date of the
inspector general's report. If the head of the agency fails
to complete final action with regard to a management decision
within the 12-month period, the inspector general concerned
shall identify the matter in each of the inspector general's
semiannual reports pursuant to section 5(a)(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) until final
action on the management decision is completed.''.
SEC. 811. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SUBCONTRACTING PLANS.
(a) Revision of Authority.--Subsection (a) of section 834
of National Defense Authorization Act for Fiscal Years 1990
and 1991 (15 U.S.C. 637 note) is amended by striking out
paragraph (1) and inserting in lieu thereof the following:
``(1) The Secretary of Defense shall establish a test
program under which contracting activities in the military
departments and the Defense Agencies are authorized to
undertake one or more demonstration projects to determine
whether the negotiation and administration of comprehensive
subcontracting plans will reduce administrative burdens on
contractors while enhancing opportunities provided under
Department of Defense contracts for small business concerns
and small business concerns owned and controlled by socially
and economically disadvantaged individuals. In selecting the
contracting activities to undertake demonstration projects,
the Secretary shall take such action as is necessary to
ensure that a broad range of the supplies and services
acquired by the Department of Defense are included in the
test program.''.
(b) Covered Contractors.--Subsection (b) of such section is
amended by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) A Department of Defense contractor referred to in
paragraph (1) is, with respect to a comprehensive
subcontracting plan negotiated in any fiscal year, a business
concern that, during the immediately preceding fiscal year,
furnished the Department of Defense with supplies or services
(including professional services, research and development
services, and construction services) pursuant to at least
three Department of Defense contracts having an aggregate
value of at least $5,000,000.''.
(c) Technical Amendments.--Such section is amended--
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
SEC. 812. PROCUREMENT OF ITEMS FOR EXPERIMENTAL OR TEST
PURPOSES.
Section 2373(b) of title 10, United States Code, is amended
by inserting ``only'' after ``applies'' in the second
sentence.
SEC. 813. USE OF FUNDS FOR ACQUISITION OF DESIGNS, PROCESSES,
TECHNICAL DATA, AND COMPUTER SOFTWARE.
Section 2386(3) of title 10, United States Code, is amended
to read as follows:
``(3) Design and process data, technical data, and computer
software.''.
SEC. 814. INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
Section 2434(b)(1)(A) of title 10, United States Code, is
amended to read as follows:
``(A) be prepared--
``(i) by an office or other entity that is not under the
supervision, direction, or control of the military
department, Defense Agency, or other component of the
Department of Defense that is directly responsible for
carrying out the development or acquisition of the program;
or
``(ii) if the decision authority for the program has been
delegated to an official of a military department, Defense
Agency, or other component of the Department of Defense, by
an office or other entity that is not directly responsible
for carrying out the development or acquisition of the
program; and''.
SEC. 815. CONSTRUCTION, REPAIR, ALTERATION, FURNISHING, AND
EQUIPPING OF NAVAL VESSELS.
(a) Applicability of Certain Law.--Chapter 633 of title 10,
United States Code, is amended by inserting after section
7297 the following:
``Sec. 7299. Contracts: applicability of Walsh-Healey Act
``Each contract for the construction, alteration,
furnishing, or equipping of a naval vessel is subject to the
Walsh-Healey Act (41 U.S.C. 35 et seq.) unless the President
determines that this requirement is not in the interest of
national defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7297 the following:
``7299. Contracts: applicability of Walsh-Healey Act.''.
Subtitle B--Other Matters
SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated
under section 301(5), $12,000,000 shall be available for
carrying out the provisions of chapter 142 of title 10,
United States Code.
(b) Specific Programs.--Of the amounts made available
pursuant to subsection (a), $600,000 shall be available for
fiscal year 1996 for the purpose of carrying out programs
sponsored by eligible entities referred to in subparagraph
(D) of section 2411(1) of title 10, United States Code, that
provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such
title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas
to allow effective use of the funds made available in
accordance with this subsection in such areas, the funds
shall be allocated among the Defense Contract Administration
Services regions in accordance with section 2415 of such
title.
SEC. 822. DEFENSE FACILITY-WIDE PILOT PROGRAM.
(a) Authority To Conduct Defense Facility-Wide Pilot
Program.--The Secretary of Defense may conduct a pilot
program, to be known as the ``defense facility-wide pilot
program'', for the purpose of determining the potential for
increasing the efficiency and effectiveness of the
acquisition process in facilities by using commercial
practices on a facility-wide basis.
(b) Designation of Participating Facilities.--(1) Subject
to paragraph (2), the Secretary may designate up to two
facilities as participants in the defense facility-wide pilot
program.
(2) The Secretary may designate for participation in the
pilot program only those facilities that are authorized to be
so designated in a law authorizing appropriations for
national defense programs that is enacted after the date of
the enactment of this Act.
(c) Scope of Program.--At a facility designated as a
participant in the pilot program, the pilot program shall
consist of the following:
(1) All contracts and subcontracts for defense supplies and
services that are performed at the facility.
(2) All Department of Defense contracts and all
subcontracts under Department of Defense contracts performed
elsewhere that the Secretary determines are directly and
substantially related to the production of defense supplies
and services at the facility and are necessary for the pilot
program.
(d) Criteria for Designation of Participating Facilities.--
The Secretary shall establish criteria for selecting a
facility for designation as a participant in the pilot
program. In developing such criteria, the Secretary shall
consider the following:
(1) The number of existing and anticipated contracts and
subcontracts performed at the facility--
(A) for which contractors are required to provide certified
cost or pricing data pursuant to section 2306a of title 10,
United States Code; and
(B) which are administered with the application of cost
accounting standards under section 26(f) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(f)).
(2) The relationship of the facility to other organizations
and facilities performing under contracts with the Department
of Defense and subcontracts under such contracts.
(3) The impact that the participation of the facility under
the pilot program would have on competing domestic
manufacturers.
(4) Such other factors as the Secretary considers
appropriate.
(e) Notification.--(1) The Secretary shall transmit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a
written notification of each facility proposed to be
designated by the Secretary for participation in the pilot
program.
(2) The Secretary shall include in the notification
regarding a facility designated for participation in the
program a management plan addressing the following:
(A) The proposed treatment of research and development
contracts or subcontracts to be performed at the facility
during the pilot program.
(B) The proposed treatment of the cost impact of the use of
commercial practices on the award and administration of
contracts and subcontracts performed at the facility.
(C) The proposed method for reimbursing the contractor for
existing and new contracts.
(D) The proposed method for measuring the performance of
the facility for meeting the management goals of the
Secretary.
(E) Estimates of the annual amount and the total amount of
the contracts and subcontracts covered under the pilot
program.
(3)(A) The Secretary shall ensure that the management plan
for a facility provides for attainment of the following
objectives:
(i) A significant reduction of the cost to the Government
for programs carried out at the facility.
(ii) A reduction of the schedule associated with programs
carried out at the facility.
(iii) An increased use of commercial practices and
procedures for programs carried out at the facility.
(iv) Protection of a domestic manufacturer competing for
contracts at such facility from being placed at a significant
competitive disadvantage by the participation of the facility
in the pilot program.
(B) The management plan for a facility shall also require
that all or substantially all of the contracts to be awarded
and performed at the facility after the designation of that
facility under subsection (b), and all or substantially all
of the subcontracts to be awarded under those contracts and
performed at the facility after the designation, be--
(i) for the production of supplies or services on a firm-
fixed price basis;
[[Page 120]]
(ii) awarded without requiring the contractors or
subcontractors to provide certified cost or pricing data
pursuant to section 2306a of title 10, United States Code;
and
(iii) awarded and administered without the application of
cost accounting standards under section 26(f) of the Office
of Federal Procurement Policy Act (41 U.S.C. 422(f)).
(f) Exemption From Certain Requirements.--In the case of a
contract or subcontract that is to be performed at a facility
designated for participation in the defense facility-wide
pilot program and that is subject to section 2306a of title
10, United States Code, or section 26(f) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(f)), the
Secretary of Defense may exempt such contract or subcontract
from the requirement to obtain certified cost or pricing data
under such section 2306a or the requirement to apply
mandatory cost accounting standards under such section 26(f)
if the Secretary determines that the contract or
subcontract--
(1) is within the scope of the pilot program (as described
in subsection (c)); and
(2) is fairly and reasonably priced based on information
other than certified cost and pricing data.
(g) Special Authority.--The authority provided under
subsection (a) includes authority for the Secretary of
Defense--
(1) to apply any amendment or repeal of a provision of law
made in this Act to the pilot program before the effective
date of such amendment or repeal; and
(2) to apply to a procurement of items other than
commercial items under such program--
(A) the authority provided in section 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 430) to waive a
provision of law in the case of commercial items, and
(B) any exception applicable under this Act or the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355) (or
an amendment made by a provision of either Act) in the case
of commercial items,
before the effective date of such provision (or amendment) to
the extent that the Secretary determines necessary to test
the application of such waiver or exception to procurements
of items other than commercial items.
(h) Applicability.--(1) Subsections (f) and (g) apply to
the following contracts, if such contracts are within the
scope of the pilot program at a facility designated for the
pilot program under subsection (b):
(A) A contract that is awarded or modified during the
period described in paragraph (2).
(B) A contract that is awarded before the beginning of such
period, that is to be performed (or may be performed), in
whole or in part, during such period, and that may be
modified as appropriate at no cost to the Government.
(2) The period referred to in paragraph (1), with respect
to a facility designated under subsection (b), is the period
that--
(A) begins 45 days after the date of the enactment of the
Act authorizing the designation of that facility in
accordance with paragraph (2) of such subsection; and
(B) ends on September 30, 2000.
(i) Commercial Practices Encouraged.--With respect to
contracts and subcontracts within the scope of the defense
facility-wide pilot program, the Secretary of Defense may, to
the extent the Secretary determines appropriate and in
accordance with applicable law, adopt commercial practices in
the administration of contracts and subcontracts. Such
commercial practices may include the following:
(1) Substitution of commercial oversight and inspection
procedures for Government audit and access to records.
(2) Incorporation of commercial oversight, inspection, and
acceptance procedures.
(3) Use of alternative dispute resolution techniques
(including arbitration).
(4) Elimination of contract provisions authorizing the
Government to make unilateral changes to contracts.
SEC. 823. TREATMENT OF DEPARTMENT OF DEFENSE CABLE TELEVISION
FRANCHISE AGREEMENTS.
Not later than 180 days after the date of the enactment of
this Act, the chief judge of the United States Court of
Federal Claims shall transmit to Congress a report containing
an advisory opinion on the following two questions:
(1) Is it within the power of the executive branch to treat
cable television franchise agreements for the construction,
installation, or capital improvement of cable television
systems at military installations of the Department of
Defense as contracts under part 49 of the Federal Acquisition
Regulation without violating title VI of the Communications
Act of 1934 (47 U.S.C. 521 et seq.)?
(2) If the answer to the question in paragraph (1) is in
the affirmative, is the executive branch required by law to
so treat such franchise agreements?
SEC. 824. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j)(1) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2301 note) is amended by
striking out ``1995'' and inserting in lieu thereof ``1996''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The statutory provisions that as of the date of the
enactment of this Act govern the organization of the Office
of the Secretary of Defense have evolved from enactment of a
number of executive branch legislative proposals and
congressional initiatives over a period of years.
(2) The May 1995 report of the congressionally mandated
Commission on Roles and Missions of the Armed Forces included
a number of recommendations relating to the Office of the
Secretary of Defense.
(3) The Secretary of Defense has decided to create a
special Department task force and to conduct other reviews to
review many of the Commission's recommendations.
(4) The Secretary of Defense has decided to institute a 5
percent per year reduction of civilian personnel assigned to
the Office of the Secretary of Defense, including the
Washington Headquarters Service and the Defense Support
Activities, for the period from fiscal year 1996 through
fiscal year 2001.
(5) Over the ten-year period from 1986 through 1995,
defense spending in real dollars has been reduced by 34
percent and military end-strengths have been reduced by 28
percent. During the same period, the number of civilian
employees of the Office of the Secretary of Defense has
increased by 22 percent.
(6) To achieve greater efficiency and to revalidate the
role and mission of the Office of the Secretary of Defense, a
comprehensive review of the organizations and functions of
that Office and of the personnel needed to carry out those
functions is required.
(b) Review.--The Secretary of Defense shall conduct a
further review of the organizations and functions of the
Office of the Secretary of Defense, including the Washington
Headquarters Service and the Defense Support Activities, and
the personnel needed to carry out those functions. The review
shall include the following:
(1) An assessment of the appropriate functions of the
Office and whether the Office of the Secretary of Defense or
some of its component parts should be organized along mission
lines.
(2) An assessment of the adequacy of the present
organizational structure to efficiently and effectively
support the Secretary in carrying out his responsibilities in
a manner that ensures civilian authority in the Department of
Defense.
(3) An assessment of the advantages and disadvantages of
the use of political appointees to fill the positions of the
various Under Secretaries of Defense, Assistant Secretaries
of Defense, and Deputy Under Secretaries of Defense.
(4) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense
and the Joint Staff.
(5) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense
and the military departments.
(6) An assessment of the appropriate number of positions
referred to in paragraph (3) and of Deputy Assistant
Secretaries of Defense.
(7) An assessment of whether some or any of the functions
currently performed by the Office of Humanitarian and Refugee
Affairs are more properly or effectively performed by another
agency of Government or elsewhere within the Department of
Defense.
(8) An assessment of the efficacy of the Joint Requirements
Oversight Council and whether it is advisable or necessary to
establish a statutory charter for this organization.
(9) An assessment of any benefits or efficiencies derived
from decentralizing certain functions currently performed by
the Office of the Secretary of Defense.
(10) An assessment of the appropriate size, number, and
functional responsibilities of the Defense Agencies and other
Department of Defense support organizations.
(c) Report.--Not later than March 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees
a report containing --
(1) his findings and conclusions resulting from the review
under subsection (b); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting
rationale) that would be required as a result of the review.
(d) Personnel Reduction.--(1) Effective October 1, 1999,
the number of OSD personnel may not exceed 75 percent of the
number of OSD personnel as of October 1, 1994.
(2) For purposes of this subsection, the term ``OSD
personnel'' means military and civilian personnel of the
Department of Defense who are assigned to, or employed in,
functions in the Office of the Secretary of Defense
(including Direct Support Activities of that Office and the
Washington Headquarters Services of the Department of
Defense).
(3) In carrying out reductions in the number of personnel
assigned to, or employed in, the Office of the Department of
Defense in order to comply with paragraph (1), the Secretary
may not reassign functions solely in order to evade the
requirement contained in that paragraph.
(4) If the Secretary of Defense determines, and certifies
to Congress, that the limitation in paragraph (1) would
adversely affect United States national security, the
limitation under paragraph (1) shall be applied by
substituting ``80 percent'' for ``75 percent''.
SEC. 902. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF
DEFENSE POSITIONS.
(a) Reduction.--Section 138(a) of title 10, United States
Code, is amended by striking
[[Page 121]]
out ``eleven'' and inserting in lieu thereof ``ten''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking out ``(11)'' after
``Assistant Secretaries of Defense'' and inserting in lieu
thereof ``(10)''.
SEC. 903. DEFERRED REPEAL OF VARIOUS STATUTORY POSITIONS AND
OFFICES IN OFFICE OF THE SECRETARY OF DEFENSE.
(a) Effective Date.--The amendments made by this section
shall take effect on January 31, 1997.
(b) Termination of Specification by Law of ASD Positions.--
Subsection (b) of section 138 of title 10, United States
Code, is amended to read as follows:
``(b) The Assistant Secretaries shall perform such duties
and exercise such powers as the Secretary of Defense may
prescribe.''.
(c) Repeal of Certain OSD Presidential Appointment
Positions.--The following sections of chapter 4 of such title
are repealed:
(1) Section 133a, relating to the Deputy Under Secretary of
Defense for Acquisition and Technology.
(2) Section 134a, relating to the Deputy Under Secretary of
Defense for Policy.
(3) Section 134a, relating to the Director of Defense
Research and Engineering.
(4) Section 142, relating to the Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological Defense
Programs.
(d) Director of Military Relocation Assistance Programs.--
Section 1056 of such title is amended by striking out
subsection (d).
(e) Conforming Amendments Relating to Repeal of Various OSD
Positions.--Chapter 4 of such title is further amended--
(1) in section 131(b)--
(A) by striking out paragraphs (6) and (8); and
(B) by redesignating paragraphs (7), (9), (10), and (11),
as paragraphs (6), (7), (8), and (9), respectively;
(2) in section 138(d), by striking out ``the Under
Secretaries of Defense, and the Director of Defense Research
and Engineering'' and inserting in lieu thereof ``and the
Under Secretaries of Defense''; and
(3) in the table of sections at the beginning of the
chapter, by striking out the items relating to sections 133a,
134a, 137, 139, and 142.
(f) Conforming Amendments Relating to Repeal of
Specification of ASD Positions.--
(1) Section 176(a)(3) of title 10, United States Code, is
amended--
(A) by striking out ``Assistant Secretary of Defense for
Health Affairs'' and inserting in lieu thereof ``official in
the Department of Defense with principal responsibility for
health affairs''; and
(B) by striking out ``Chief Medical Director of the
Department of Veterans Affairs'' and inserting in lieu
thereof ``Under Secretary for Health of the Department of
Veterans Affairs''.
(2) Section 1216(d) of such title is amended by striking
out ``Assistant Secretary of Defense for Health Affairs'' and
inserting in lieu thereof ``official in the Department of
Defense with principal responsibility for health affairs''.
(3) Section 1587(d) of such title is amended by striking
out ``Assistant Secretary of Defense for Manpower and
Logistics'' and inserting in lieu thereof ``official in the
Department of Defense with principal responsibility for
personnel and
readiness''.
(4) The text of section 10201 of such title is amended to
read as follows:
``The official in the Department of Defense with
responsibility for overall supervision of reserve component
affairs of the Department of Defense is the official
designated by the Secretary of Defense to have that
responsibility.''.
(5) Section 1211(b)(2) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (P.L. 100-
180; 101 Stat 1155; 10 U.S.C. 167 note) is amended by
striking out ``the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict'' and inserting in lieu
thereof ``the official designated by the Secretary of Defense
to have principal responsibility for matters relating to
special operations and low intensity conflict''.
(g) Repeal of Minimum Number of Senior Staff for Specified
Assistant Secretary of Defense.--Section 355 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1540) is repealed.
SEC. 904. REDESIGNATION OF THE POSITION OF ASSISTANT TO THE
SECRETARY OF DEFENSE FOR ATOMIC ENERGY.
(a) In General.--(1) Section 142 of title 10, United States
Code, is amended--
(A) by striking out the section heading and inserting in
lieu thereof the following:
``Sec. 142. Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs'';
(B) in subsection (a), by striking out ``Assistant to the
Secretary of Defense for Atomic Energy'' and inserting in
lieu thereof ``Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs''; and
(C) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) The Assistant to the Secretary shall--
``(1) advise the Secretary of Defense on nuclear energy,
nuclear weapons, and chemical and biological defense;
``(2) serve as the Staff Director of the Nuclear Weapons
Council established by section 179 of this title; and
``(3) perform such additional duties as the Secretary may
prescribe.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 4 of such title is
amended to read as follows:
``142. Assistant to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs.''.
(b) Conforming Amendments.--(1) Section 179(c)(2) of title
10, United States Code, is amended by striking out ``The
Assistant to the Secretary of Defense for Atomic Energy'' and
inserting in lieu thereof ``The Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs''.
(2) Section 5316 of title 5, United States Code, is amended
by striking out ``The Assistant to the Secretary of Defense
for Atomic Energy, Department of Defense.'' and inserting in
lieu thereof the following:
``Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs, Department of
Defense.''.
SEC. 905. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--(1) Chapter 7 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 181. Joint Requirements Oversight Council
``(a) Establishment.--The Secretary of Defense shall
establish a Joint Requirements Oversight Council in the
Department of Defense.
``(b) Mission.--In addition to other matters assigned to it
by the President or Secretary of Defense, the Joint
Requirements Oversight Council shall--
``(1) assist the Chairman of the Joint Chiefs of Staff in
identifying and assessing the priority of joint military
requirements (including existing systems and equipment) to
meet the national military strategy;
``(2) assist the Chairman in considering alternatives to
any acquisition program that has been identified to meet
military requirements by evaluating the cost, schedule, and
performance criteria of the program and of the identified
alternatives; and
``(3) as part of its mission to assist the Chairman in
assigning joint priority among existing and future programs
meeting valid requirements, ensure that the assignment of
such priorities conforms to and reflects resource levels
projected by the Secretary of Defense through defense
planning guidance.
``(c) Composition.--(1) The Joint Requirements Oversight
Council is composed of--
``(A) the Chairman of the Joint Chiefs of Staff, who is the
chairman of the Council;
``(B) an Army officer in the grade of general;
``(C) a Navy officer in the grade of admiral;
``(D) an Air Force officer in the grade of general; and
``(E) a Marine Corps officer in the grade of general.
``(2) Members of the Council, other than the Chairman of
the Joint Chiefs of Staff, shall be selected by the Chairman
of the Joint Chiefs of Staff, after consultation with the
Secretary of Defense, from officers in the grade of general
or admiral, as the case may be, who are recommended for such
selection by the Secretary of the military department
concerned.
``(3) The functions of the Chairman of the Joint Chiefs of
Staff as chairman of the Council may only be delegated to the
Vice Chairman of the Joint Chiefs of Staff.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``181. Joint Requirements Oversight Council.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 31, 1997.
SEC. 906. RESTRUCTURING OF DEPARTMENT OF DEFENSE ACQUISITION
ORGANIZATION AND WORKFORCE.
(a) Restructuring Report.--Not later than March 1, 1996,
the Secretary of Defense shall submit to Congress a report on
the acquisition organization and workforce of the Department
of Defense. The report shall include--
(1) the plan described in subsection (b); and
(2) the assessment of streamlining and restructuring
options described in subsection (c).
(b) Plan for Restructuring.--(1) The Secretary shall
include in the report under subsection (a) a plan on how to
restructure the current acquisition organization of the
Department of Defense in a manner that would enable the
Secretary to accomplish the following:
(A) Reduce the number of military and civilian personnel
assigned to, or employed in, acquisition organizations of the
Department of Defense (as defined by the Secretary) by 25
percent over a period of five years, beginning on October 1,
1995.
(B) Eliminate duplication of functions among existing
acquisition organizations of the Department of Defense.
(C) Maximize opportunity for consolidation among
acquisition organizations of the Department of Defense to
reduce management overhead.
(2) In the report, the Secretary shall also identify any
statutory requirement or congressional directive that
inhibits any proposed restructuring plan or reduction in the
size of the defense acquisition organization.
(3) In designing the plan under paragraph (1), the
Secretary shall give full consideration to the process
efficiencies expected to be achieved through the
implementation of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355), the Federal Acquisition Reform Act
of 1995 (division D of this
[[Page 122]]
Act), and other ongoing initiatives to increase the use of
commercial practices and reduce contract overhead in the
defense procurement system.
(c) Assessment of Specified Restructuring Options.--The
Secretary shall include in the report under subsection (a) a
detailed assessment of each of the following options for
streamlining and restructuring the existing defense
acquisition organization, together with a specific
recommendation as to whether each such option should be
implemented:
(1) Consolidation of certain functions of the Defense
Contract Audit Agency and the Defense Contract Management
Command.
(2) Contracting for performance of a significant portion of
the workload of the Defense Contract Audit Agency and other
Defense Agencies that perform acquisition functions.
(3) Consolidation or selected elimination of Department of
Defense acquisition organizations.
(4) Any other defense acquisition infrastructure
streamlining or restructuring option the Secretary may
determine.
(d) Reduction of Acquisition Workforce.--(1) The Secretary
of Defense shall accomplish reductions in defense acquisition
personnel positions during fiscal year 1996 so that the total
number of such personnel as of October 1, 1996, is less than
the total number of such personnel as of October 1, 1995, by
at least 15,000.
(2) For purposes of this subsection, the term ``defense
acquisition personnel'' means military and civilian personnel
assigned to, or employed in, acquisition organizations of the
Department of Defense (as specified in Department of Defense
Instruction numbered 5000.58 dated January 14, 1992) with the
exception of personnel who possess technical competence in
trade-skill maintenance and repair positions involved in
performing depot maintenance functions.
SEC. 907. REPORT ON NUCLEAR POSTURE REVIEW AND ON PLANS FOR
NUCLEAR WEAPONS MANAGEMENT IN EVENT OF
ABOLITION OF DEPARTMENT OF ENERGY.
(a) Report Required.--The Secretary of Defense shall submit
to Congress a report concerning the nuclear weapons complex.
The report shall set forth--
(1) the Secretary's views on the effectiveness of the
Department of Energy in managing the nuclear weapons complex,
including the fulfillment of the requirements for nuclear
weapons established for the Department of Energy in the
Nuclear Posture Review; and
(2) the Secretary's recommended plan for the incorporation
into the Department of Defense of the national security
programs of the Department of Energy if the Department of
Energy should be abolished and those programs be transferred
to the Department of Defense.
(b) Definition.--For purposes of this section, the term
``Nuclear Posture Review'' means the Department of Defense
Nuclear Posture Review as contained in the report entitled
``Report of the Secretary of Defense to the President and the
Congress'', dated February 19, 1995, or in subsequent such
reports.
(c) Submission Of Report.--The report under subsection (a)
shall be submitted not later than March 15, 1996.
SEC. 908. REDESIGNATION OF ADVANCED RESEARCH PROJECTS AGENCY.
(a) Redesignation.--The agency in the Department of Defense
known as the Advanced Research Projects Agency shall after
the date of the enactment of this Act be designated as the
Defense Advanced Research Projects Agency.
(b) References.--Any reference in any law, regulation,
document, record, or other paper of the United States or in
any provision of this Act to the Advanced Research Projects
Agency shall be considered to be a reference to the Defense
Advanced Research Projects Agency.
Subtitle B--Financial Management
SEC. 911. TRANSFER AUTHORITY REGARDING FUNDS AVAILABLE FOR
FOREIGN CURRENCY FLUCTUATIONS.
(a) Transfers to Military Personnel Accounts Authorized.--
Section 2779 of title 10, United States Code, is amended by
adding at the end the following:
``(c) Transfers to Military Personnel Accounts.--The
Secretary of Defense may transfer funds to military personnel
appropriations for a fiscal year out of funds available to
the Department of Defense for that fiscal year under the
appropriation `Foreign Currency Fluctuations, Defense'.''.
(b) Revision and Codification of Authority for Transfers to
Foreign Currency Fluctuations Account.--Section 2779 of such
title, as amended by subsection (a), is further amended by
adding at the end the following:
``(d) Transfers to Foreign Currency Fluctuations Account.--
(1) The Secretary of Defense may transfer to the
appropriation `Foreign Currency Fluctuations, Defense'
unobligated amounts of funds appropriated for operation and
maintenance and unobligated amounts of funds appropriated for
military personnel.
``(2) Any transfer from an appropriation under paragraph
(1) shall be made not later than the end of the second fiscal
year following the fiscal year for which the appropriation is
provided.
``(3) Any transfer made pursuant to the authority provided
in this subsection shall be limited so that the amount in the
appropriation `Foreign Currency Fluctuations, Defense' does
not exceed $970,000,000 at the time the transfer is made.''.
(c) Conditions of Availability for Transferred Funds.--
Section 2779 of such title, as amended by subsection (b), is
further amended by adding at the end the following:
``(e) Conditions of Availability for Transferred Funds.--
Amounts transferred under subsection (c) or (d) shall be
merged with and be available for the same purposes and for
the same period as the appropriations to which
transferred.''.
(d) Repeal of Superseded Provisions.--(1) Section 767A of
Public Law 96-527 (94 Stat. 3093) is repealed.
(2) Section 791 of the Department of Defense Appropriation
Act, 1983 (enacted in section 101(c) of Public Law 97-377; 96
Stat. 1865) is repealed.
(e) Technical Amendments.--Section 2779 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) Transfers Back to Foreign
Currency Fluctuations Appropriation.--(1)'';
(2) in subsection (a)(2), by striking out ``2d fiscal
year'' and inserting in lieu thereof ``second fiscal year'';
and
(3) in subsection (b), by striking out ``(b)(1)'' and
inserting in lieu thereof ``(b) Funding for Losses in
Military Construction and Family Housing.--(1)''.
(f) Effective Date.--Subsections (c) and (d) of section
2779 of title 10, United States Code, as added by subsections
(a) and (b), and the repeals made by subsection (d), shall
apply only with respect to amounts appropriated for a fiscal
year after fiscal year 1995.
SEC. 912. DEFENSE MODERNIZATION ACCOUNT.
(a) Establishment and Use.--(1) Chapter 131 of title 10,
United States Code, is amended by inserting after section
2215 the following new section:
``Sec. 2216. Defense Modernization Account
``(a) Establishment.--There is established in the Treasury
an account to be known as the `Defense Modernization
Account'.
``(b) Transfers to Account.--(1)(A) Upon a determination by
the Secretary of a military department or the Secretary of
Defense with respect to Defense-wide appropriations accounts
of the availability and source of funds described in
subparagraph (B), that Secretary may transfer to the Defense
Modernization Account during any fiscal year any amount of
funds available to the Secretary described in that
subparagraph. Such funds may be transferred to that account
only after the Secretary concerned notifies the congressional
defense committees in writing of the amount and source of the
proposed transfer.
``(B) This subsection applies to the following funds
available to the Secretary concerned:
``(i) Unexpired funds in appropriations accounts that are
available for procurement and that, as a result of economies,
efficiencies, and other savings achieved in carrying out a
particular procurement, are excess to the requirements of
that procurement.
``(ii) Unexpired funds that are available during the final
30 days of a fiscal year for support of installations and
facilities and that, as a result of economies, efficiencies,
and other savings, are excess to the requirements for support
of installations and facilities.
``(C) Any transfer under subparagraph (A) shall be made
under regulations prescribed by the Secretary of Defense.
``(2) Funds referred to in paragraph (1) may not be
transferred to the Defense Modernization Account if--
``(A) the funds are necessary for programs, projects, and
activities that, as determined by the Secretary, have a
higher priority than the purposes for which the funds would
be available if transferred to that account; or
``(B) the balance of funds in the account, after transfer
of funds to the account, would exceed $1,000,000,000.
``(3) Amounts credited to the Defense Modernization Account
shall remain available for transfer until the end of the
third fiscal year that follows the fiscal year in which the
amounts are credited to the account.
``(4) The period of availability of funds for expenditure
provided for in sections 1551 and 1552 of title 31 may not be
extended by transfer into the Defense Modernization Account.
``(c) Scope of Use of Funds.--Funds transferred to the
Defense Modernization Account from funds appropriated for a
military department, Defense Agency, or other element of the
Department of Defense shall be available in accordance with
subsections (f) and (g) only for transfer to funds available
for that military department, Defense Agency, or other
element.
``(d) Authorized Use of Funds.--Funds available from the
Defense Modernization Account pursuant to subsection (f) or
(g) may be used for the following purposes:
``(1) For increasing, subject to subsection (e), the
quantity of items and services procured under a procurement
program in order to achieve a more efficient production or
delivery rate.
``(2) For research, development, test, and evaluation and
for procurement necessary for modernization of an existing
system or of a system being procured under an ongoing
procurement program.
``(e) Limitations.--(1) Funds in the Defense Modernization
Account may not be used to increase the quantity of an item
or services procured under a particular procurement program
to the extent that doing so would--
``(A) result in procurement of a total quantity of items or
services in excess of--
[[Page 123]]
``(i) a specific limitation provided by law on the quantity
of the items or services that may be procured; or
``(ii) the requirement for the items or services as
approved by the Joint Requirements Oversight Council and
reported to Congress by the Secretary of Defense; or
``(B) result in an obligation or expenditure of funds in
excess of a specific limitation provided by law on the amount
that may be obligated or expended, respectively, for that
procurement program.
``(2) Funds in the Defense Modernization Account may not be
used for a purpose or program for which Congress has not
authorized appropriations.
``(3) Funds may not be transferred from the Defense
Modernization Account in any year for the purpose of--
``(A) making an expenditure for which there is no
corresponding obligation; or
``(B) making an expenditure that would satisfy an
unliquidated or unrecorded obligation arising in a prior
fiscal year.
``(f) Transfer of Funds.--(1) The Secretary of Defense may
transfer funds in the Defense Modernization Account to
appropriations available for purposes set forth in subsection
(d).
``(2) Funds in the Defense Modernization Account may not be
transferred under paragraph (1) until 30 days after the date
on which the Secretary concerned notifies the congressional
defense committees in writing of the amount and purpose of
the proposed transfer.
``(3) The total amount of transfers from the Defense
Modernization Account during any fiscal year under this
subsection may not exceed $500,000,000.
``(g) Availability of Funds by Appropriation.--In addition
to transfers under subsection (f), funds in the Defense
Modernization Account may be made available for purposes set
forth in subsection (d) in accordance with the provisions of
appropriations Acts, but only to the extent authorized in an
Act other than an appropriations Act.
``(h) Secretary To Act Through Comptroller.--The Secretary
of Defense shall carry out this section through the Under
Secretary of Defense (Comptroller), who shall be authorized
to implement this section through the issuance of any
necessary regulations, policies, and procedures after
consultation with the General Counsel and Inspector General
of the Department of Defense.
``(i) Quarterly Reports.--(1) Not later than 15 days after
the end of each calendar quarter, the Secretary of Defense
shall submit to the congressional committees specified in
paragraph (2) a report on the Defense Modernization Account.
Each such report shall set forth the following:
``(A) The amount and source of each credit to the account
during that quarter.
``(B) The amount and purpose of each transfer from the
account during that quarter.
``(C) The balance in the account at the end of the quarter
and, of such balance, the amount attributable to transfers to
the account from each Secretary concerned.
``(2) The committees referred to in paragraph (1) are the
congressional defense committees and the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives.
``(j) Definitions.--In this section:
``(1) The term `Secretary concerned' includes the Secretary
of Defense with respect to Defense-wide appropriations
accounts.
``(2) The term `unexpired funds' means funds appropriated
for a definite period that remain available for obligation.
``(3) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of
Representatives.''.
(2) The table of sections at the beginning of chapter 131
of such title is amended by inserting after the item relating
to section 2215 the following new item:
``2216. Defense Modernization Account.''.
(b) Effective Date.--Section 2216 of title 10, United
States Code (as added by subsection (a)), shall apply only to
funds appropriated for fiscal years after fiscal year 1995.
(c) Expiration of Authority and Account.--(1) The authority
under section 2216(b) of title 10, United States Code (as
added by subsection (a)), to transfer funds into the Defense
Modernization Account terminates at the close of September
30, 2003.
(2) Three years after the termination date specified in
paragraph (1), the Defense Modernization Account shall be
closed and any remaining balance in the account shall be
canceled and thereafter shall not be available for any
purpose.
(d) GAO Reviews.--(1) The Comptroller General of the United
States shall conduct two reviews of the administration of the
Defense Modernization Account. In each review, the
Comptroller General shall assess the operations and benefits
of the account.
(2) Not later than March 1, 2000, the Comptroller General
shall--
(A) complete the first review; and
(B) submit to the specified committees of Congress an
initial report on the administration and benefits of the
Defense Modernization Account.
(3) Not later than March 1, 2003, the Comptroller General
shall--
(A) complete the second review; and
(B) submit to the specified committees of Congress a final
report on the administration and benefits of the Defense
Modernization Account.
(4) Each such report shall include any recommended
legislation regarding the account that the Comptroller
General considers
appropriate.
(5) For purposes of this subsection, the term ``specified
committees of Congress'' means the congressional committees
referred to in section 2216(i)(2) of title 10, United States
Code, as added by subsection (a).
SEC. 913. DESIGNATION AND LIABILITY OF DISBURSING AND
CERTIFYING OFFICIALS.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31,
United States Code, is amended by striking out paragraph (2)
and inserting in lieu thereof the following:
``(2) The Department of Defense.''.
(2) Section 2773 of title 10, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking out ``With the approval
of a Secretary of a military department when the Secretary
considers it necessary, a disbursing official of the military
department'' and inserting in lieu thereof ``Subject to
paragraph (3), a disbursing official of the Department of
Defense''; and
(ii) by adding at the end the following new paragraph:
``(3) A disbursing official may make a designation under
paragraph (1) only with the approval of the Secretary of
Defense or, in the case of a disbursing official of a
military department, the Secretary of that military
department.''; and
(B) in subsection (b)(1), by striking out ``any military
department'' and inserting in lieu thereof ``the Department
of Defense''.
(b) Designation of Members of the Armed Forces To Have
Authority To Certify Vouchers.--Section 3325(b) of title 31,
United States Code, is amended to read as follows:
``(b) In addition to officers and employees referred to in
subsection (a)(1)(B) of this section as having authorization
to certify vouchers, members of the armed forces under the
jurisdiction of the Secretary of Defense may certify vouchers
when authorized, in writing, by the Secretary to do so.''.
(c) Conforming Amendments.--(1) Section 1012 of title 37,
United States Code, is amended by striking out ``Secretary
concerned'' both places it appears and inserting in lieu
thereof ``Secretary of Defense''.
(2) Section 1007(a) of title 37, United States Code, is
amended by striking out ``Secretary concerned'' and inserting
in lieu thereof ``Secretary of Defense, or upon the denial of
relief of an officer pursuant to section 3527 of title 31''.
(3)(A) Section 7863 of title 10, United States Code, is
amended--
(i) in the first sentence, by striking out ``disbursements
of public moneys or'' and ``the money was paid or''; and
(ii) in the second sentence, by striking out ``disbursement
or''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 7863. Disposal of public stores by order of commanding
officer''.
(ii) The item relating to such section in the table of
sections at the beginning of chapter 661 of such title is
amended to read as follows:
``7863. Disposal of public stores by order of commanding officer.''.
(4) Section 3527(b)(1) of title 31, United States Code, is
amended--
(A) by striking out ``a disbursing official of the armed
forces'' and inserting in lieu thereof ``an official of the
armed forces referred to in subsection (a)'';
(B) by striking out ``records,'' and inserting in lieu
thereof ``records, or a payment described in section
3528(a)(4)(A) of this title,'';
(C) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), and realigning such clauses
four ems from the left margin;
(D) by inserting before clause (i), as so redesignated, the
following:
``(A) in the case of a physical loss or deficiency--'';
(E) in clause (iii), as so redesignated, by striking out
the period at the end and inserting in lieu thereof ``; or'';
and
(F) by adding at the end the following:
``(B) in the case of a payment described in section
3528(a)(4)(A) of this title, the Secretary of Defense or the
Secretary of the appropriate military department, after
taking a diligent collection action, finds that the criteria
of section 3528(b)(1) of this title are satisfied.''.
(5) Section 3528 of title 31, United States Code, is
amended by striking out subsection (d).
SEC. 914. FISHER HOUSE TRUST FUNDS.
(a) Establishment.--(1) Chapter 131 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2221. Fisher House trust funds
``(a) Establishment.--The following trust funds are
established on the books of the Treasury:
``(1) The Fisher House Trust Fund, Department of the Army.
``(2) The Fisher House Trust Fund, Department of the Air
Force.
``(b) Investment.--Funds in the trust funds may be invested
in securities of the United States. Earnings and gains
realized from the investment of funds in a trust fund shall
be credited to the trust fund.
[[Page 124]]
``(c) Use of Funds.--(1) Amounts in the Fisher House Trust
Fund, Department of the Army, that are attributable to
earnings or gains realized from investments shall be
available for the operation and maintenance of Fisher houses
that are located in proximity to medical treatment facilities
of the Army.
``(2) Amounts in the Fisher House Trust Fund, Department of
the Air Force, that are attributable to earnings or gains
realized from investments shall be available for the
operation and maintenance of Fisher houses that are located
in proximity to medical treatment facilities of the Air
Force.
``(3) The use of funds under this section is subject to
section 1321(b)(2) of title 31.
``(d) Fisher House Defined.--In this section, the term
`Fisher house' means a housing facility that--
``(1) is located in proximity to a medical treatment
facility of the Army or the Air Force; and
``(2) is available for residential use on a temporary basis
by patients at such facilities, members of the family of such
patients, and others providing the equivalent of familial
support for such patients.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2221. Fisher House trust funds.''.
(b) Corpus of Trust Funds.--(1) The Secretary of the
Treasury shall--
(A) close the accounts established with the funds that were
required by section 8019 of Public Law 102-172 (105 Stat.
1175) and section 9023 of Public Law 102-396 (106 Stat. 1905)
to be transferred to an appropriated trust fund; and
(B) transfer the amounts in such accounts to the Fisher
House Trust Fund, Department of the Army, established by
subsection (a)(1) of section 2221 of title 10, United States
Code, as added by subsection (a).
(2) The Secretary of the Air Force shall transfer to the
Fisher House Trust Fund, Department of the Air Force,
established by subsection (a)(2) of section 2221 of title 10,
United States Code (as added by section (a)), all amounts in
the accounts for Air Force installations and other facilities
that, as of the date of the enactment of this Act, are
available for operation and maintenance of Fisher houses (as
defined in subsection (d) of such section 2221).
(c) Conforming Amendments.--Section 1321 of title 31,
United States Code, is amended--
(1) by adding at the end of subsection (a) the following:
``(92) Fisher House Trust Fund, Department of the Army.
``(93) Fisher House Trust Fund, Department of the Air
Force.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) in the second sentence, by striking out ``Amounts
accruing to these funds (except to the trust fund `Armed
Forces Retirement Home Trust Fund')'' and inserting in lieu
thereof ``Except as provided in paragraph (2), amounts
accruing to these funds'';
(C) by striking out the third sentence; and
(D) by adding at the end the following:
``(2) Expenditures from the following trust funds may be
made only under annual appropriations and only if the
appropriations are specifically authorized by law:
``(A) Armed Forces Retirement Home Trust Fund.
``(B) Fisher House Trust Fund, Department of the Army.
``(C) Fisher House Trust Fund, Department of the Air
Force.''.
(d) Repeal of Superseded Provisions.--The following
provisions of law are repealed:
(1) Section 8019 of Public Law 102-172 (105 Stat. 1175).
(2) Section 9023 of Public Law 102-396 (106 Stat. 1905).
(3) Section 8019 of Public Law 103-139 (107 Stat. 1441).
(4) Section 8017 of Public Law 103-335 (108 Stat. 2620; 10
U.S.C. 1074 note).
SEC. 915. LIMITATION ON USE OF AUTHORITY TO PAY FOR EMERGENCY
AND EXTRAORDINARY EXPENSES.
Section 127 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Funds may not be obligated or expended in an
amount in excess of $500,000 under the authority of
subsection (a) or (b) until the Secretary of Defense has
notified the Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the House of
Representatives of the intent to obligate or expend the
funds, and--
``(A) in the case of an obligation or expenditure in excess
of $1,000,000, 15 days have elapsed since the date of the
notification; or
``(B) in the case of an obligation or expenditure in excess
of $500,000, but not in excess of $1,000,000, 5 days have
elapsed since the date of the notification.
``(2) Subparagraph (A) or (B) of paragraph (1) shall not
apply to an obligation or expenditure of funds otherwise
covered by such subparagraph if the Secretary of Defense
determines that the national security objectives of the
United States will be compromised by the application of the
subparagraph to the obligation or expenditure. If the
Secretary makes a determination with respect to an obligation
or expenditure under the preceding sentence, the Secretary
shall immediately notify the committees referred to in
paragraph (1) that such obligation or expenditure is
necessary and provide any relevant information (in classified
form, if necessary) jointly to the chairman and ranking
minority member (or their designees) of such committees.
``(3) A notification under paragraph (1) and information
referred to in paragraph (2) shall include the amount to be
obligated or expended, as the case may be, and the purpose of
the obligation or expenditure.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1996
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee on conference to accompany the bill
H.R. 1530 of the One Hundred Fourth Congress and transmitted
to the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. IMPROVED FUNDING MECHANISMS FOR UNBUDGETED
OPERATIONS.
(a) Revision of Funding Mechanism.--(1) Section 127a of
title 10, United States Code, is amended to read as follows:
``Sec. 127a. Operations for which funds are not provided in
advance: funding mechanisms
``(a) In General.--(1) The Secretary of Defense shall use
the procedures prescribed by this section with respect to any
operation specified in paragraph (2) that involves--
``(A) the deployment (other than for a training exercise)
of elements of the Armed Forces for a purpose other than a
purpose for which funds have been specifically provided in
advance; or
``(B) the provision of humanitarian assistance, disaster
relief, or support for law enforcement (including immigration
control) for which funds have not been specifically provided
in advance.
``(2) This section applies to--
``(A) any operation the incremental cost of which is
expected to exceed $50,000,000; and
``(B) any other operation the expected incremental cost of
which, when added to the expected incremental costs of other
operations that are currently ongoing, is expected to result
in a cumulative incremental cost of ongoing operations of the
Department of Defense in excess of $100,000,000.
Any operation the incremental cost of which is expected not
to exceed $10,000,000 shall be disregarded for the purposes
of subparagraph (B).
``(3) Whenever an operation to which this section applies
is commenced or subsequently becomes covered by this section,
the Secretary of Defense shall designate and identify that
operation for the purposes of this section and shall promptly
notify Congress of that designation (and of the
identification of the operation).
``(4) This section does not provide authority for the
President or the Secretary of Defense to carry out any
operation, but establishes mechanisms for the Department of
Defense by which funds are provided for operations that the
armed forces are required to carry out under some other
authority.
``(b) Waiver of Requirement To Reimburse Support Units.--
(1) The Secretary of Defense shall direct that, when a unit
of the Armed Forces participating in an operation
[[Page 125]]
described in subsection (a) receives services from an element
of the Department of Defense that operates through the
Defense Business Operations Fund (or a successor fund), such
unit of the Armed Forces may not be required to reimburse
that element for the incremental costs incurred by that
element in providing such services, notwithstanding any other
provision of law or any Government accounting practice.
``(2) The amounts which but for paragraph (1) would be
required to be reimbursed to an element of the Department of
Defense (or a fund) shall be recorded as an expense
attributable to the operation and shall be accounted for
separately.
``(c) Transfer Authority.--(1) Whenever there is an
operation of the Department of Defense described in
subsection (a), the Secretary of Defense may transfer amounts
described in paragraph (3) to accounts from which incremental
expenses for that operation were incurred in order to
reimburse those accounts for those incremental expenses.
Amounts so transferred shall be merged with and be available
for the same purposes as the accounts to which transferred.
``(2) The total amount that the Secretary of Defense may
transfer under the authority of this section in any fiscal
year is $200,000,000.
``(3) Transfers under this subsection may only be made from
amounts appropriated to the Department of Defense for any
fiscal year that remain available for obligation, other than
amounts within any operation and maintenance appropriation
that are available for (A) an account (known as a budget
activity 1 account) that is specified as being for operating
forces, or (B) an account (known as a budget activity 2
account) that is specified as being for
mobilization.
``(4) The authority provided by this subsection is in
addition to any other authority provided by law authorizing
the transfer of amounts available to the Department of
Defense. However, the Secretary may not use any such
authority under another provision of law for a purpose
described in paragraph (1) if there is authority available
under this subsection for that purpose.
``(5) The authority provided by this subsection to transfer
amounts may not be used to provide authority for an activity
that has been denied authorization by Congress.
``(6) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
``(d) Report Upon Designation of an Operation.--Within 45
days after the Secretary of Defense identifies an operation
pursuant to subsection (a)(2), the Secretary of Defense shall
submit to Congress a report that sets forth the following:
``(1) The manner by which the Secretary proposes to obtain
funds for the cost to the United States of the operation,
including a specific discussion of how the Secretary proposes
to restore balances in--
``(A) the Defense Business Operations Fund (or a successor
fund), or
``(B) the accounts from which the Secretary transfers funds
under the authority of subsection (c), to the levels that
would have been anticipated but for the provisions of
subsection (c).
``(2) If the operation is described in subsection
(a)(1)(B), a justification why the budgetary resources of
another department or agency of the Federal Government,
instead of resources of the Department of Defense, are not
being used for carrying out the operation.
``(3) The objectives of the operation.
``(4) The estimated duration of the operation and of any
deployment of armed forces personnel in such operation.
``(5) The estimated incremental cost of the operation to
the United States.
``(6) The exit criteria for the operation and for the
withdrawal of the elements of the armed forces involved in
the operation.
``(e) Limitations.--(1) The Secretary may not restore
balances in the Defense Business Operations Fund through
increases in rates charged by that fund in order to
compensate for costs incurred and not reimbursed due to
subsection (b).
``(2) The Secretary may not restore balances in the Defense
Business Operations Fund or any other fund or account through
the use of unobligated amounts in an operation and
maintenance appropriation that are available within that
appropriation for (A) an account (known as a budget activity
1 account) that is specified as being for operating forces,
or (B) an account (known as a budget activity 2 account) that
is specified as being for mobilization.
``(f) Submission of Requests for Supplemental
Appropriations.--It is the sense of Congress that whenever
there is an operation described in subsection (a), the
President should, not later than 90 days after the date on
which notification is provided pursuant to subsection (a)(3),
submit to Congress a request for the enactment of
supplemental appropriations for the then-current fiscal year
in order to provide funds to replenish the Defense Business
Operations Fund or any other fund or account of the
Department of Defense from which funds for the incremental
expenses of that operation were derived under this section
and should, as necessary, submit subsequent requests for the
enactment of such appropriations.
``(g) Incremental Costs.--For purposes of this section,
incremental costs of the Department of Defense with respect
to an operation are the costs of the Department that are
directly attributable to the operation (and would not have
been incurred but for the operation). Incremental costs do
not include the cost of property or services acquired by the
Department that are paid for by a source outside the
Department or out of funds contributed by such a source.
``(h) Relationship to War Powers Resolution.--This section
may not be construed as altering or superseding the War
Powers Resolution. This section does not provide authority to
conduct any military operation.
``(i) GAO Compliance Reviews.--The Comptroller General of
the United States shall from time to time, and when requested
by a committee of Congress, conduct a review of the defense
funding structure under this section to determine whether the
Department of Defense is complying with the requirements and
limitations of this section.''.
(2) The item relating to section 127a in the table of
sections at the beginning of chapter 3 of such title is
amended to read as follows:
``127a. Operations for which funds are not provided in advance: funding
mechanisms.''.
(b) Effective Date.--The amendment to section 127a of title
10, United States Code, made by subsection (a) shall take
effect on the date of the enactment of this Act and shall
apply to any operation of the Department of Defense that is
in effect on or after that date, whether such operation is
begun before, on, or after such date of enactment. In the
case of an operation begun before such date, any reference in
such section to the commencement of such operation shall be
treated as referring to the effective date under the
preceding sentence.
SEC. 1004. OPERATION PROVIDE COMFORT.
(a) Authorization of Amounts Available.--Within the total
amounts authorized to be appropriated in titles III and IV,
there is hereby authorized to be appropriated for fiscal year
1996 for costs associated with Operation Provide Comfort--
(1) $136,300,000 for operation and maintenance costs; and
(2) $7,000,000 for incremental military personnel costs.
(b) Report.--Not more than $70,000,000 of the amount
appropriated under subsection (a) may be obligated until the
Secretary of Defense submits to the congressional defense
committees a report on Operation Provide Comfort which
includes the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for Operation Provide
Comfort during fiscal year 1996, together with a discussion
of missions and functions expected to be performed by the
Department as part of that operation during that fiscal year.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to Operation
Provide Comfort during fiscal year 1996.
(3) A discussion of available options to reduce the
involvement of the Department of Defense in those aspects of
Operation Provide Comfort that are not directly related to
the military mission of the Department of Defense.
(4) A plan establishing an exit strategy for United States
involvement in, and support for, Operation Provide Comfort.
(c) Operation Provide Comfort.--For purposes of this
section, the term ``Operation Provide Comfort'' means the
operation of the Department of Defense that as of October 30,
1995, is designated as Operation Provide Comfort.
SEC. 1005. OPERATION ENHANCED SOUTHERN WATCH.
(a) Authorization of Amounts Available.--Within the total
amounts authorized to be appropriated in titles III and IV,
there is hereby authorized to be appropriated for fiscal year
1996 for costs associated with Operation Enhanced Southern
Watch--
(1) $433,400,000 for operation and maintenance costs; and
(2) $70,400,000 for incremental military personnel costs.
(b) Report.--(1) Of the amounts specified in subsection
(a), not more than $250,000,000 may be obligated until the
Secretary of Defense submits to the congressional defense
committees a report designating Operation Enhanced Southern
Watch, or significant elements thereof, as a forward presence
operation for which funding should be budgeted as part of the
annual defense budget process in the same manner as other
activities of the Armed Forces involving forward presence or
forward deployed forces.
(2) The report shall set forth the following:
(A) The expected duration and annual costs of the various
elements of Operation Enhanced Southern Watch.
(B) Those elements of Operation Enhanced Southern Watch
that are semi-permanent in nature and should be budgeted in
the future as part of the annual defense budget process in
the same manner as other activities of the Armed Forces
involving forward presence or forward deployed forces.
(C) The political and military objectives associated with
Operation Enhanced Southern Watch.
(D) The contributions (both in-kind and actual) by other
nations to the costs of conducting Operation Enhanced
Southern Watch.
(c) Operation Enhanced Southern Watch.--For purposes of
this section, the term ``Operation Enhanced Southern Watch''
means the operation of the Department of
[[Page 126]]
Defense that as of October 30, 1995, is designated as
Operation Enhanced Southern Watch.
SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED
FISCAL YEAR 1995 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may
be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with
fiscal year 1995 defense appropriations.
(b) Covered Amounts.--The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and
activities of the Department of Defense in fiscal year 1995
defense appropriations that are in excess of the amounts
provided for such programs, projects, and activities in
fiscal year 1995 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1995 defense appropriations.--The term
``fiscal year 1995 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1995 in the Department of Defense
Appropriations Act, 1995 (Public Law 103-335).
(2) Fiscal year 1995 defense authorizations.--The term
``fiscal year 1995 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense
for fiscal year 1995 in the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337).
SEC. 1007. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 1995.
(a) Adjustment to Previous Authorizations.--Amounts
authorized to be appropriated to the Department of Defense
for fiscal year 1995 in the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337) are hereby
adjusted, with respect to any such authorized amount, by the
amount by which appropriations pursuant to such authorization
were increased (by a supplemental appropriation) or decreased
(by a rescission), or both, in title I of the Emergency
Supplemental Appropriations and Rescissions for the
Department of Defense to Preserve and Enhance Military
Readiness Act of 1995 (Public Law 104-6; 109 Stat. 73).
(b) New Authorization.--The appropriation provided in
section 104 of such Act (109 Stat. 79) is hereby authorized.
SEC. 1008. AUTHORIZATION REDUCTIONS TO REFLECT SAVINGS FROM
REVISED ECONOMIC ASSUMPTIONS.
(a) Reduction.--The total amount authorized to be
appropriated in titles I, II, and III of this Act is hereby
reduced by $832,000,000 to reflect savings from revised
economic assumptions. Such reduction shall be made from
accounts in those titles as follows:
Operation and Maintenance, Army, $54,000,000.
Operation and Maintenance, Navy, $80,000,000.
Operation and Maintenance, Marine Corps, $9,000,000.
Operation and Maintenance, Air Force, $51,000,000.
Operation and Maintenance, Defense-Wide, $36,000,000.
Operation and Maintenance, Army Reserve, $4,000,000.
Operation and Maintenance, Navy Reserve, $4,000,000.
Operation and Maintenance, Marine Corps Reserve,
$1,000,000.
Operation and Maintenance, Air Force Reserve, $3,000,000.
Operation and Maintenance, Army National Guard, $7,000,000.
Operation and Maintenance, Air National Guard, $7,000,000.
Drug Interdiction and Counter-Drug Activities, Defense,
$5,000,000.
Environmental Restoration, Defense, $11,000,000.
Overseas Humanitarian, Disaster, and Civic Aid, $1,000,000.
Former Soviet Union Threat Reduction, $2,000,000.
Defense Health Program, $51,000,000.
Aircraft Procurement, Army, $9,000,000.
Missile Procurement, Army, $5,000,000.
Procurement of Weapons and Tracked Combat Vehicles, Army,
$10,000,000.
Procurement of Ammunition, Army, $6,000,000.
Other Procurement, Army, $17,000,000.
Aircraft Procurement, Navy, $29,000,000.
Weapons Procurement, Navy, $13,000,000.
Shipbuilding and Conversion, Navy, $42,000,000.
Other Procurement, Navy, $18,000,000.
Procurement, Marine Corps, $4,000,000.
Aircraft Procurement, Air Force, $50,000,000.
Missile Procurement, Air Force, $29,000,000.
Other Procurement, Air Force, $45,000,000.
Procurement, Defense-Wide, $16,000,000.
Chemical Agents and Munitions Destruction, Defense,
$5,000,000.
Research, Development, Test and Evaluation, Army,
$20,000,000.
Research, Development, Test and Evaluation, Navy,
$50,000,000.
Research, Development, Test and Evaluation, Air Force,
$79,000,000.
Research, Development, Test and Evaluation, Defense-Wide,
$57,000,000.
Research, Development, Test and Evaluation, Defense,
$2,000,000.
(b) Reductions To Be Applied Proportionally.--Reductions
under this section shall be applied proportionally to each
budget activity, activity group, and subactivity group and to
each program, project, and activity within each account.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. IOWA CLASS BATTLESHIPS.
(a) Return to Naval Vessel Register.--The Secretary of the
Navy shall list on the Naval Vessel Register, and maintain on
such register, at least two of the Iowa-class battleships
that were stricken from the register in February 1995.
(b) Support.--The Secretary shall retain the existing
logistical support necessary for support of at least two
operational Iowa class battleships in active service,
including technical manuals, repair and replacement parts,
and ordnance.
(c) Selection of Ships.--The Secretary shall select for
listing on the Naval Vessel Register under subsection (a)
Iowa class battleships that are in good material condition
and can provide adequate fire support for an amphibious
assault.
(d) Replacement Fire-Support Capability.--(1) If the
Secretary of the Navy makes a certification described in
paragraph (2), the requirements of subsections (a) and (b)
shall terminate, effective 60 days after the date of the
submission of such certification.
(2) A certification referred to in paragraph (1) is a
certification submitted by the Secretary of the Navy in
writing to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives that the Navy has within the fleet an
operational surface fire-support capability that equals or
exceeds the fire-support capability that the Iowa class
battleships listed on the Naval Vessel Register pursuant to
subsection (a) would, if in active service, be able to
provide for Marine Corps amphibious assaults and operations
ashore.
SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The Secretary of the Navy is
authorized to transfer on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) frigates
of the Oliver Hazard Perry class to other countries as
follows:
(1) To the Government of Bahrain, the guided missile
frigate Jack Williams (FFG 24).
(2) To the Government of Egypt, the frigate Copeland (FFG
25).
(3) To the Government of Turkey, the frigates Clifton
Sprague (FFG 16) and Antrim (FFG 20).
(b) Transfers by Lease or Sale.--The Secretary of the Navy
is authorized to transfer on a lease basis under section 61
of the Arms Export Control Act (22 U.S.C. 2796) or on a sale
basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761) frigates of the Oliver Hazard Perry class to
other countries as follows:
(1) To the Government of Egypt, the frigate Duncan (FFG
10).
(2) To the Government of Oman, the guided missile frigate
Mahlon S. Tisdale (FFG 27).
(3) To the Government of Turkey, the frigate Flatley (FFG
21).
(4) To the Government of the United Arab Emirates, the
guided missile frigate Gallery (FFG 26).
(c) Financing for Transfers by Lease.--Section 23 of the
Arms Export Control Act (22 U.S.C. 2763) may be used to
provide financing for any transfer by lease under subsection
(b) in the same manner as if such transfer were a procurement
by the recipient nation of a defense article.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by subsection
(a) or (b) shall be charged to the recipient.
(e) Expiration of Authority.--The authority to transfer a
vessel under subsection (a) and under subsection (b) shall
expire at the end of the two-year period beginning on the
date of the enactment of this Act, except that a lease
entered into during that period under any provision of
subsection (b) may be renewed.
(f) Repair and Refurbishment in United States Shipyards.--
The Secretary of the Navy shall require, as a condition of
the transfer of a vessel under this section, that the country
to which the vessel is transferred have such repair or
refurbishment of the vessel as is needed, before the vessel
joins the naval forces of that country, performed at a
shipyard located in the United States, including a United
States Navy shipyard.
(g) Prohibition on Certain Transfers of Vessels on Grant
Basis.--(1) Section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j) is amended by adding at the end the
following new subsection:
``(g) Prohibition on Certain Transfers of Vessels on Grant
Basis.--(1) The President may not transfer on a grant basis
under this section a vessel that is in excess of 3,000 tons
or that is less than 20 years of age.
``(2) If the President determines that it is in the
national security interests of the United States to transfer
a particular vessel on a grant basis under this section, the
President may request that Congress enact legislation
exempting the transfer from the prohibition in paragraph
(1).''.
(2) The amendment made by paragraph (1) shall apply with
respect to the transfer of a vessel on or after the date of
the enactment of this Act (other than a vessel the transfer
of which is authorized by subsection (a) or by law before the
date of the enactment of this Act).
SEC. 1013. CONTRACT OPTIONS FOR LMSR VESSELS.
(a) Findings.--Congress makes the following findings:
(1) A requirement for the Department of the Navy to acquire
19 large, medium-speed,
[[Page 127]]
roll-on/roll-off (LMSR) vessels was established by the
Secretary of Defense in the Mobility Requirements Study
conducted after the Persian Gulf War pursuant to section 909
of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1623) and was revalidated
by the Secretary of Defense in the report entitled ``Mobility
Requirements Study Bottom-Up Review Update'', submitted to
Congress in April 1995.
(2) The Strategic Sealift Program is a vital element of the
national military strategy calling for the Nation to be able
to fight and win two nearly simultaneous major regional
contingencies.
(3) The Secretary of the Navy has entered into contracts
with shipyards covering acquisition of a total of 17 such
LMSR vessels, of which five are vessel conversions and 12 are
new construction vessels. Under those contracts, the
Secretary has placed orders for the acquisition of 11 vessels
and has options for the acquisition of six more, all of which
would be new construction vessels. The options allow the
Secretary to place orders for one vessel to be constructed at
each of two shipyards for award before December 31, 1995,
December 31, 1996, and December 31, 1997, respectively.
(4) Acquisition of an additional two such LMSR vessels, for
a total of 19 vessels (the requirement described in paragraph
(1)) would contribute to preservation of the industrial base
of United States shipyards capable of building auxiliary and
sealift vessels.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should plan for, and budget to
provide for, the acquisition as soon as possible of a total
of 19 large, medium-speed, roll-on/roll-off (LMSR) vessels
(the number determined to be required in the Mobility
Requirements Study referred to in subsection (a)(1)), rather
than only 17 such vessels (the number of vessels under
contract as of May 1995).
(c) Additional New Construction Contract Option.--The
Secretary of the Navy should negotiate with each of the two
shipyards holding new construction contracts referred to in
subsection (a)(3) (Department of the Navy contracts numbered
N00024-93-C-2203 and N00024-93-C-2205) for an option under
each such contract for construction of one additional such
LMSR vessel, with such option to be available to the
Secretary for exercise during 1995, 1996, or 1997, subject to
the availability of funds authorized and appropriated for
such purpose. Nothing in this subsection shall be construed
to preclude the Secretary of the Navy from competing the
award of the two options between the two shipyards holding
new construction contracts referred to in subsection (a)(3).
(d) Report.--The Secretary of the Navy shall submit to the
congressional defense committees, by March 31, 1996, a report
stating the intentions of the Secretary regarding the
acquisition of options for the construction of two additional
LMSR vessels as described in subsection (c).
SEC. 1014. NATIONAL DEFENSE RESERVE FLEET.
(a) Availability of National Defense Sealift Fund.--Section
2218 of title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking out ``only for--'' in the matter preceding
subparagraph (A) and inserting in lieu thereof ``only for the
following purposes:'';
(B) by capitalizing the first letter of the first word of
subparagraphs (A), (B), (C), and (D);
(C) by striking out the semicolon at the end of
subparagraphs (A) and (B) and inserting in lieu thereof a
period;
(D) by striking out ``; and'' at the end of subparagraph
(C) and inserting in lieu thereof a period; and
(E) by adding at the end the following new
subparagraph:
``(E) Expenses for maintaining the National Defense Reserve
Fleet under section 11 of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744), and for the costs of acquisition of
vessels for, and alteration and conversion of vessels in (or
to be placed in), the fleet, but only for vessels built in
United States shipyards.''; and
(2) in subsection (i), by inserting ``(other than
subsection (c)(1)(E))'' after ``Nothing in this section''.
(b) Clarification of Exemption of NDRF Vessels From
Retrofit Requirement.--Section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744) is amended by adding at the
end the following new subsection:
``(e) Vessels in the National Defense Reserve Fleet are
exempt from the provisions of section 3703a of title 46,
United States Code.''.
(c) Authority To Use National Defense Sealift Fund To
Convert Two Vessels.--Of the amount authorized to be
appropriated in section 302 for fiscal year 1996 for the
National Defense Sealift Fund under section 2218 of title 10,
United States Code, not more than $20,000,000 shall be
available for conversion work on the following two roll-on/
roll-off vessels, which were acquired by the Maritime
Administration during fiscal year 1995:
(1) M/V Cape Knox (ON-1036323).
(2) M/V Cape Kennedy (ON-1036324).
SEC. 1015. NAVAL SALVAGE FACILITIES.
Chapter 637 of title 10, United States Code, is amended to
read as follows:
``CHAPTER 637--SALVAGE FACILITIES
``Sec.
``7361. Authority to provide for necessary salvage facilities.
``7362. Acquisition and transfer of vessels and equipment.
``7363. Settlement of claims.
``7364. Disposition of receipts.
``Sec. 7361. Authority to provide for necessary salvage
facilities
``(a) Authority.--The Secretary of the Navy may provide, by
contract or otherwise, necessary salvage facilities for
public and private vessels.
``(b) Coordination With Secretary of Transportation.--The
Secretary shall submit to the Secretary of Transportation for
comment each proposed contract for salvage facilities that
affects the interests of the Department of Transportation.
``(c) Limitation.--The Secretary of the Navy may enter into
a term contract under subsection (a) only if the Secretary
determines that available commercial salvage facilities are
inadequate to meet the requirements of national defense.
``(d) Public Notice.--The Secretary may not enter into a
contract under subsection (a) until the Secretary has
provided public notice of the intent to enter into such a
contract.
``Sec. 7362. Acquisition and transfer of vessels and
equipment
``(a) Authority.--The Secretary of the Navy may acquire or
transfer for operation by private salvage companies such
vessels and equipment as the Secretary considers necessary.
``(b) Agreement on Use.--Before any salvage vessel or
salvage gear is transferred by the Secretary to a private
party, the private party must agree in writing with the
Secretary that the vessel or gear will be used to support
organized offshore salvage facilities for a period of as many
years as the Secretary considers appropriate.
``(c) Reference to Authority To Advance Funds for Immediate
Salvage Operations.--For authority for the Secretary of the
Navy to advance to private salvage companies such funds as
the Secretary considers necessary to provide for the
immediate financing of salvage operations, see section
2307(g)(2) of this title.
``Sec. 7363. Settlement of claims
``The Secretary of the Navy may settle any claim by the
United States for salvage services rendered by the Department
of the Navy and may receive payment of any such claim.
``Sec. 7364. Disposition of receipts
``Amounts received under this chapter shall be credited to
appropriations for maintaining naval salvage facilities.
However, any amount received under this chapter in any fiscal
year in excess of naval salvage costs incurred by the Navy
during that fiscal year shall be deposited into the general
fund of the Treasury.''.
SEC. 1016. VESSELS SUBJECT TO REPAIR UNDER PHASED MAINTENANCE
CONTRACTS.
(a) In General.--The Secretary of the Navy shall ensure
that any vessel that is covered by the contract referred to
in subsection (b) remains covered by that contract,
regardless of the operating command to which the vessel is
subsequently assigned, unless the vessel is taken out of
service for the Department of the Navy.
(b) Covered Contract.--The contract referred to in
subsection (a) is the contract entered into before the date
of the enactment of this Act for the phased maintenance of AE
class ships.
SEC. 1017. CLARIFICATION OF REQUIREMENTS RELATING TO REPAIRS
OF VESSELS.
Section 7310(a) of title 10, United States Code, is amended
by inserting ``or Guam'' after ``the United States'' the
second place it appears.
SEC. 1018. SENSE OF CONGRESS CONCERNING NAMING OF AMPHIBIOUS
SHIPS.
It is the sense of Congress that the Secretary of the
Navy--
(1) should name the vessel to be designated LHD-7 as the
U.S.S. Iwo Jima; and
(2) should name the vessel to be designated LPD-17, and
each subsequent ship of the LPD-17 class, after a Marine
Corps battle or a member of the Marine Corps.
SEC. 1019. SENSE OF CONGRESS CONCERNING NAMING OF NAVAL
VESSEL.
It is the sense of Congress that the Secretary of the Navy
should name an appropriate ship of the United States Navy the
U.S.S. Joseph Vittori, in honor of Marine Corporal Joseph
Vittori (1929-1951) of Beverly, Massachusetts, who was
posthumously awarded the Medal of Honor for actions against
the enemy in Korea on September 15-16, 1951.
SEC. 1020. TRANSFER OF RIVERINE PATROL CRAFT.
(a) Authority To Transfer Vessel.--Notwithstanding
subsections (a) and (d) of section 7306 of title 10, United
States Code, but subject to subsections (b) and (c) of that
section, the Secretary of the Navy may transfer a vessel
described in subsection (b) to Tidewater Community College,
Portsmouth, Virginia, for scientific and educational
purposes.
(b) Vessel.--The authority under subsection (a) applies in
the case of a riverine patrol craft of the U.S.S. Swift
class.
(c) Limitation.--The transfer authorized by subsection (a)
may be made only if the Secretary determines that the vessel
to be transferred is of no further use to the United States
for national security purposes.
(d) Terms and Conditions.--The Secretary may require such
terms and conditions in connection with the transfer
authorized by this section as the Secretary considers
appropriate.
[[Page 128]]
Subtitle C--Counter-Drug Activities
SEC. 1021. REVISION AND CLARIFICATION OF AUTHORITY FOR
FEDERAL SUPPORT OF DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES OF THE NATIONAL GUARD.
(a) Funding Assistance Authorized.--Subsection (a) of
section 112 of title 32, United States Code, is amended to
read as follows:
``(a) Funding Assistance.--The Secretary of Defense may
provide funds to the Governor of a State who submits to the
Secretary a State drug interdiction and counter-drug
activities plan satisfying the requirements of subsection
(c). Such funds shall be used for--
``(1) the pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State
used, while not in Federal service, for the purpose of drug
interdiction and counter-drug activities;
``(2) the operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of drug interdiction and counter-drug activities; and
``(3) the procurement of services and leasing of equipment
for the National Guard of that State used for the purpose of
drug interdiction and counter-drug activities.''.
(b) Reorganization of Section.--Such section is further
amended--
(1) by redesignating subsection (f) as subsection (h);
(2) by redesignating subsection (d) as subsection (g) and
transferring that subsection to appear before subsection (h),
as redesignated by paragraph (1); and
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively.
(c) State Drug Interdiction and Counter-drug Activities
Plan.--Subsection (c) of such section, as redesignated by
subsection (b)(3), is amended--
(1) in the matter preceding paragraph (1), by striking out
``A plan referred to in subsection (a)'' and inserting in
lieu thereof ``A State drug interdiction and counter-drug
activities plan'';
(2) by striking out ``and'' at the end of paragraph (2);
and
(3) in paragraph (3)--
(A) by striking out ``annual training'' and inserting in
lieu thereof ``training'';
(B) by striking out the period at the end and inserting in
lieu thereof a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National
Guard of the State for the activities proposed under the plan
is authorized by, and is consistent with, State law; and
``(5) certify that the Governor of the State or a civilian
law enforcement official of the State designated by the
Governor has determined that any activities included in the
plan that are carried out in conjunction with Federal law
enforcement agencies serve a State law enforcement
purpose.''.
(d) Examination of State Plan.--Subsection (d) of such
section, as redesignated by subsection (b)(3), is amended--
(1) in paragraph (1)--
(A) by striking out ``subsection (b)'' and inserting in
lieu thereof ``subsection (c)''; and
(B) by inserting after ``Before funds are provided to the
Governor of a State under this section'' the following: ``and
before members of the National Guard of that State are
ordered to full-time National Guard duty as authorized in
subsection (b)''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsection (c)''; and
(B) by striking out subparagraph (B) and inserting in lieu
thereof the following:
``(B) pursuant to the plan submitted for a previous fiscal
year, funds were provided to the State in accordance with
subsection (a) or personnel of the National Guard of the
State were ordered to perform full-time National Guard duty
in accordance with subsection (b).''.
(e) Use of Personnel Performing Full-Time National Guard
Duty.--Such section is further amended by inserting after
subsection (a) the following new subsection (b):
``(b) Use of Personnel Performing Full-Time National Guard
Duty.--Under regulations prescribed by the Secretary of
Defense, personnel of the National Guard of a State may, in
accordance with the State drug interdiction and counter-drug
activities plan referred to in subsection (c), be ordered to
perform full-time National Guard duty under section 502(f) of
this title for the purpose of carrying out drug interdiction
and counter-drug activities.''.
(f) End Strength Limitation.--Such section is further
amended by inserting after subsection (e) the following new
subsection (f):
``(f) End Strength Limitation.--(1) Except as provided in
paragraph (2), at the end of a fiscal year there may not be
more than 4000 members of the National Guard--
``(A) on full-time National Guard duty under section 502(f)
of this title to perform drug interdiction or counter-drug
activities pursuant to an order to duty for a period of more
than 180 days; or
``(B) on duty under State authority to perform drug
interdiction or counter-drug activities pursuant to an order
to duty for a period of more than 180 days with State pay and
allowances being reimbursed with funds provided under
subsection (a)(1).
``(2) The Secretary of Defense may increase the end
strength authorized under paragraph (1) by not more than 20
percent for any fiscal year if the Secretary determines that
such an increase is necessary in the national security
interests of the United States.''.
(g) Definitions.--Subsection (h) of such section, as
redesignated by subsection (b)(1), is amended by striking out
paragraph (1) and inserting in lieu thereof the following:
``(1) The term `drug interdiction and counter-drug
activities', with respect to the National Guard of a State,
means the use of National Guard personnel in drug
interdiction and counter-drug law enforcement activities
authorized by the law of the State and requested by the
Governor of the State.''.
(h) Technical Amendments.--Subsection (e) of such section
is amended--
(1) in paragraph (1), by striking out ``sections 517 and
524'' and inserting in lieu thereof ``sections 12011 and
12012''; and
(2) in paragraph (2), by striking out ``the Committees on
Armed Services of the Senate and House of Representatives''
and inserting in lieu thereof ``the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives''.
Subtitle D--Civilian Personnel
SEC. 1031. MANAGEMENT OF DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``man-year constraint or limitation''
and inserting in lieu thereof ``constraint or limitation in
terms of man years, end strength, full-time equivalent
positions, or maximum number of employees''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Defense and the Secretaries of the military
departments may not be required to make a reduction in the
number of full-time equivalent positions in the Department of
Defense unless such reduction is necessary due to a reduction
in funds available to the Department or is required under a
law that is enacted after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996 and
that refers specifically to this subsection.'';
(2) in subsection (b)(2), by striking out ``any end-
strength'' and inserting in lieu thereof ``any constraint or
limitation in terms of man years, end strength, full-time
equivalent positions, or maximum number of employees''; and
(3) by adding at the end the following new subsection:
``(d) With respect to each budget activity within an
appropriation for a fiscal year for operations and
maintenance, the Secretary of Defense shall ensure that there
are employed during that fiscal year employees in the number
and with the combination of skills and qualifications that
are necessary to carry out the functions within that budget
activity for which funds are provided for that fiscal
year.''.
SEC. 1032. CONVERSION OF MILITARY POSITIONS TO CIVILIAN
POSITIONS.
(a) Conversion Requirement.--(1) By September 30, 1997, the
Secretary of Defense shall convert at least 10,000 military
positions to civilian positions.
(2) At least 3,000 of the military positions converted to
satisfy the requirement of paragraph (1) shall be converted
to civilian positions not later than September 30, 1996.
(3) In this subsection:
(A) The term ``military position'' means a position that,
as of the date of the enactment of this Act, is authorized to
be filled by a member of the Armed Forces on active duty.
(B) The term ``civilian position'' means a position that is
required to be filled by a civilian employee of the
Department of Defense.
(b) Implementation Plan.--Not later than March 31, 1996,
the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a plan for the
implementation of subsection (a).
SEC. 1033. ELIMINATION OF 120-DAY LIMITATION ON DETAILS OF
CERTAIN EMPLOYEES.
(a) Elimination of Limitation.--Subsection (b) of section
3341 of title 5, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) The 120-day limitation in paragraph (1) for details
and renewals of details does not apply to the Department of
Defense in the case of a detail--
``(A) made in connection with the closure or realignment of
a military installation pursuant to a base closure law or an
organizational restructuring of the Department as part of a
reduction in the size of the armed forces or the civilian
workforce of the Department; and
``(B) in which the position to which the employee is
detailed is eliminated on or before the date of the closure,
realignment, or restructuring.
``(c) For purposes of this section--
``(1) the term `base closure law' means--
``(A) section 2687 of title 10;
``(B) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note); and
``(C) the Defense Base Closure and Realignment Act of 1990
(10 U.S.C. 2687 note); and
[[Page 129]]
``(2) the term `military installation'--
``(A) in the case of an installation covered by section
2687 of title 10, has the meaning given such term in
subsection (e)(1) of such section;
``(B) in the case of an installation covered by the Act
referred to in subparagraph (B) of paragraph (1), has the
meaning given such term in section 209(6) of such Act; and
``(C) in the case of an installation covered by the Act
referred to in subparagraph (C) of that paragraph, has the
meaning given such term in section 2910(4) of such Act.''.
(b) Applicability.--The amendments made by subsection (a)
apply to details made before the date of the enactment of
this Act but still in effect on that date and details made on
or after that date.
SEC. 1034. AUTHORITY FOR CIVILIAN EMPLOYEES OF DEPARTMENT OF
DEFENSE TO PARTICIPATE VOLUNTARILY IN
REDUCTIONS IN FORCE.
Section 3502 of title 5, United States Code, is amended by
adding at the end the following:
``(f)(1) The Secretary of Defense or the Secretary of a
military department may--
``(A) release in a reduction in force an employee who
volunteers for the release even though the employee is not
otherwise subject to release in the reduction in force under
the criteria applicable under the other provisions of this
section; and
``(B) for each employee voluntarily released in the
reduction in force under subparagraph (A), retain an employee
in a similar position who would otherwise be released in the
reduction in force under such criteria.
``(2) A voluntary release of an employee in a reduction in
force pursuant to paragraph (1) shall be treated as an
involuntary release in the reduction in force.
``(3) An employee with critical knowledge and skills (as
defined by the Secretary concerned) may not participate in a
voluntary release under paragraph (1) if the Secretary
concerned determines that such participation would impair the
performance of the mission of the Department of Defense or
the military department concerned.
``(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) The authority under paragraph (1) may not be
exercised after September 30, 1996.''.
SEC. 1035. AUTHORITY TO PAY SEVERANCE PAYMENTS IN LUMP SUMS.
Section 5595 of title 5, United States Code, is amended by
adding at the end the following:
``(i)(1) In the case of an employee of the Department of
Defense who is entitled to severance pay under this section,
the Secretary of Defense or the Secretary of the military
department concerned may, upon application by the employee,
pay the total amount of the severance pay to the employee in
one lump sum.
``(2)(A) If an employee paid severance pay in a lump sum
under this subsection is reemployed by the Government of the
United States or the government of the District of Columbia
at such time that, had the employee been paid severance pay
in regular pay periods under subsection (b), the payments of
such pay would have been discontinued under subsection (d)
upon such reemployment, the employee shall repay to the
Department of Defense (for the military department that
formerly employed the employee, if applicable) an amount
equal to the amount of severance pay to which the employee
was entitled under this section that would not have been paid
to the employee under subsection (d) by reason of such
reemployment.
``(B) The period of service represented by an amount of
severance pay repaid by an employee under subparagraph (A)
shall be considered service for which severance pay has not
been received by the employee under this section.
``(C) Amounts repaid to an agency under this paragraph
shall be credited to the appropriation available for the pay
of employees of the agency for the fiscal year in which
received. Amounts so credited shall be merged with, and shall
be available for the same purposes and the same period as,
the other funds in that appropriation.
``(3) If an employee fails to repay to an agency an amount
required to be repaid under paragraph (2)(A), that amount is
recoverable from the employee as a debt due the United
States.
``(4) This subsection applies with respect to severance pay
payable under this section for separations taking effect on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996 and before October 1,
1999.''.
SEC. 1036. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d)(4) of title 5, United States Code, is
amended--
(1) in subparagraph (A), by inserting ``, or a voluntary
separation from a surplus position,'' after ``an involuntary
separation from a position''; and
(2) by adding at the end the following new subparagraph:
``(C) For the purpose of this paragraph, `surplus position'
means a position which is identified in pre-reduction-in-
force planning as no longer required, and which is expected
to be eliminated under formal reduction-in-force
procedures.''.
SEC. 1037. REVISION OF AUTHORITY FOR APPOINTMENTS OF
INVOLUNTARILY SEPARATED MILITARY RESERVE
TECHNICIANS.
(a) Revision of Authority.--Section 3329 of title 5, United
States Code, as added by section 544 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2415), is amended--
(1) in subsection (b), by striking out ``be offered'' and
inserting in lieu thereof ``be provided placement
consideration in a position described in subsection (c)
through a priority placement program of the Department of
Defense''; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following new subsection (c):
``(c)(1) The position for which placement consideration
shall be provided to a former military technician under
subsection (b) shall be a position--
``(A) in either the competitive service or the excepted
service;
``(B) within the Department of Defense; and
``(C) in which the person is qualified to serve, taking
into consideration whether the employee in that position is
required to be a member of a reserve component of the armed
forces as a condition of employment.
``(2) To the maximum extent practicable, the position shall
also be in a pay grade or other pay classification sufficient
to ensure that the rate of basic pay of the former military
technician, upon appointment to the position, is not less
than the rate of basic pay last received by the former
military technician for technician service before
separation.''.
(b) Technical and Clerical Amendments.--(1) The section
3329 of title 5, United States Code, that was added by
section 4431 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2719) is
redesignated as section 3330 of such title.
(2) The table of sections at the beginning of chapter 33 of
such title is amended by striking out the item relating to
section 3329, as added by section 4431(b) of such Act (106
Stat. 2720), and inserting in lieu thereof the following new
item:
``3330. Government-wide list of vacant positions.''.
SEC. 1038. WEARING OF UNIFORM BY NATIONAL GUARD TECHNICIANS.
(a) Requirement.--Section 709(b) of title 32, United States
Code, is amended to read as follows:
``(b) Except as prescribed by the Secretary concerned, a
technician employed under subsection (a) shall, while so
employed--
``(1) be a member of the National Guard;
``(2) hold the military grade specified by the Secretary
concerned for that position; and
``(3) wear the uniform appropriate for the member's grade
and component of the armed forces while performing duties as
a technician.''.
(b) Uniform Allowances for Officers.--Section 417 of title
37, United States Code, is amended by adding at the end the
following:
``(d)(1) For purposes of sections 415 and 416 of this
title, a period for which an officer of an armed force, while
employed as a National Guard technician, is required to wear
a uniform under section 709(b) of title 32 shall be treated
as a period of active duty (other than for training).
``(2) A uniform allowance may not be paid, and uniforms may
not be furnished, to an officer under section 1593 of title
10 or section 5901 of title 5 for a period of employment
referred to in paragraph (1) for which an officer is paid a
uniform allowance under section 415 or 416 of this title.''.
(c) Clothing or Allowances for Enlisted Members.--Section
418 of title 37, United States Code, is amended--
(1) by inserting ``(a)'' before ``The President''; and
(2) by adding at the end the following:
``(b) In determining the quantity and kind of clothing or
allowances to be furnished pursuant to regulations prescribed
under this section to persons employed as National Guard
technicians under section 709 of title 32, the President
shall take into account the requirement under subsection (b)
of such section for such persons to wear a uniform.
``(c) A uniform allowance may not be paid, and uniforms may
not be furnished, under section 1593 of title 10 or section
5901 of title 5 to a person referred to in subsection (b) for
a period of employment referred to in that subsection for
which a uniform allowance is paid under section 415 or 416 of
this title.''.
SEC. 1039. MILITARY LEAVE FOR MILITARY RESERVE TECHNICIANS
FOR CERTAIN DUTY OVERSEAS.
Section 6323 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) A military reserve technician described in section
8401(30) is entitled at such person's request to leave
without loss of, or reduction in, pay, leave to which such
person is otherwise entitled, credit for time or service, or
performance or efficiency rating for each day, not to exceed
44 workdays in a calendar year, in which such person is on
active duty without pay, as authorized pursuant to section
12315 of title 10, under section 12301(b) or 12301(d) of
title 10 (other than active duty during a war or national
emergency declared by the President or Congress) for
participation in noncombat operations outside the United
States, its territories and possessions.
``(2) An employee who requests annual leave or compensatory
time to which the employee is otherwise entitled, for a
period during which the employee would have been entitled
upon request to leave under this subsection, may be granted
such annual leave or compensatory time without regard to this
section or section 5519.''.
[[Page 130]]
SEC. 1040. PERSONNEL ACTIONS INVOLVING EMPLOYEES OF
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Clarification of Definition of Nonappropriated Fund
Instrumentality Employee.--Subsection (a)(1) of section 1587
of title 10, United States Code, is amended by adding at the
end the following new sentence: ``Such term includes a
civilian employee of a support organization within the
Department of Defense or a military department, such as the
Defense Finance and Accounting Service, who is paid from
nonappropriated funds on account of the nature of the
employee's duties.''.
(b) Direct Reporting of Violations.--Subsection (e) of such
section is amended in the second sentence by inserting before
the period the following: ``and to permit the reporting of
alleged violations of subsection (b) directly to the
Inspector General of the Department of Defense''.
(c) Technical Amendment.--Subsection (a)(1) of such section
is further amended by striking out ``Navy Resale and Services
Support Office'' and inserting in lieu thereof ``Navy
Exchange Service Command''.
(d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 1587. Employees of nonappropriated fund
instrumentalities: reprisals''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 81 of such title is
amended to read as follows:
``1587. Employees of nonappropriated fund instrumentalities:
reprisals.''.
SEC. 1041. COVERAGE OF NONAPPROPRIATED FUND EMPLOYEES UNDER
AUTHORITY FOR FLEXIBLE AND COMPRESSED WORK
SCHEDULES.
Paragraph (2) of section 6121 of title 5, United States
Code, is amended to read as follows:
``(2) `employee' has the meaning given the term in
subsection (a) of section 2105 of this title, except that
such term also includes an employee described in subsection
(c) of that section;''.
SEC. 1042. LIMITATION ON PROVISION OF OVERSEAS LIVING
QUARTERS ALLOWANCES FOR NONAPPROPRIATED FUND
INSTRUMENTALITY EMPLOYEES.
(a) Conforming Allowance to Allowances for Other Civilian
Employees.--Subject to subsection (b), an overseas living
quarters allowance paid from nonappropriated funds and
provided to a nonappropriated fund instrumentality employee
after the date of the enactment of this Act may not exceed
the amount of a quarters allowance provided under subchapter
III of chapter 59 of title 5 to a similarly situated civilian
employee of the Department of Defense paid from appropriated
funds.
(b) Application to Certain Current Employees.--In the case
of a nonappropriated fund instrumentality employee who, as of
the date of the enactment of this Act, receives an overseas
living quarters allowance under any other authority,
subsection (a) shall apply to such employee only after the
earlier of--
(1) September 30, 1997; or
(2) the date on which the employee otherwise ceases to be
eligible for such an allowance under such other authority.
(c) Nonappropriated Fund Instrumentality Employee
Defined.--For purposes of this section, the term
``nonappropriated fund instrumentality employee'' has the
meaning given such term in section 1587(a)(1) of title 10,
United States Code.
SEC. 1043. ELECTIONS RELATING TO RETIREMENT COVERAGE.
(a) In General.--
(1) Civil service retirement system.--Section 8347(q) of
title 5, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``of the Department of Defense or the Coast
Guard'' in the matter before subparagraph (A); and
(ii) by striking ``3 days'' and inserting ``1 year''; and
(B) in paragraph (2)(C)--
(i) by striking ``3 days'' and inserting ``1 year''; and
(ii) by striking ``in the Department of Defense or the
Coast Guard, respectively,''.
(2) Federal employees' retirement system.--Section 8461(n)
of title 5, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``of the Department of Defense or the Coast
Guard'' in the matter before subparagraph (A); and
(ii) by striking ``3 days'' and inserting ``1 year''; and
(B) in paragraph (2)(C)--
(i) by striking ``3 days'' and inserting ``1 year''; and
(ii) by striking ``in the Department of Defense or the
Coast Guard, respectively,''.
(b) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Office of Personnel Management
(and each of the other administrative authorities, within the
meaning of subsection (c)(2)(C)(iii)) shall prescribe any
regulations (or make any modifications in existing
regulations) necessary to carry out this section and the
amendments made by this section, including regulations to
provide for the notification of individuals who may be
affected by the enactment of this section. All regulations
(and modifications to regulations) under the preceding
sentence shall take effect on the same date.
(c) Applicability; Related Provisions.--
(1) Prospective rules.--Except as otherwise provided in
this subsection, the amendments made by this section shall
apply with respect to moves occurring on or after the
effective date of the regulations under subsection (b). Moves
occurring on or after the date of the enactment of this Act
and before the effective date of such regulations shall be
subject to applicable provisions of title 5, United States
Code, disregarding the amendments made by this section,
except that any individual making an election pursuant to
this sentence shall be ineligible to make an election
otherwise allowable under paragraph (2).
(2) Retroactive rules.--
(A) In general.--The regulations under subsection (b) shall
include provisions for the application of sections 8347(q)
and 8461(n) of title 5, United States Code, as amended by
this section, with respect to any individual who, at any time
after December 31, 1965, and before the effective date of
such regulations, moved between positions in circumstances
that would have qualified such individual to make an election
under the provisions of such section 8347(q) or 8461(n), as
so amended, if such provisions had then been in effect.
(B) Deadline; related provisions.--An election pursuant to
this paragraph--
(i) shall be made within 1 year after the effective date of
the regulations under subsection (b), and
(ii) shall have the same force and effect as if it had been
timely made at the time of the move,
except that no such election may be made by any
individual--
(I) who has previously made, or had an opportunity to make,
an election under section 8347(q) or 8461(n) of title 5,
United States Code (as in effect before being amended by this
section); however, this subclause shall not be considered to
render an individual ineligible, based on an opportunity
arising out of a move occurring during the period described
in the second sentence of paragraph (1), if no election has
in fact been made by such individual based on such move;
(II) who has not, since the move on which eligibility for
the election is based, remained continuously subject
(disregarding any break in service of less than 3 days) to
CSRS or FERS or both seriatim (if the move was from a NAFI
position) or any retirement system (or 2 or more such systems
seriatim) established for employees described in section
2105(c) of such title (if the move was to a NAFI position);
or
(III) if such election would be based on a move to the
Civil Service Retirement System from a retirement system
established for employees described in section 2105(c) of
such title.
(C) Transfers of contributions.--
(i) In general.--If an individual makes an election under
this paragraph to be transferred back to a retirement system
in which such individual previously participated (in this
section referred to as the ``previous system''), all
individual contributions (including interest) and Government
contributions to the retirement system in which such
individual is then currently participating (in this section
referred to as the ``current system''), excluding those made
to the Thrift Savings Plan or any other defined contribution
plan, which are attributable to periods of service performed
since the move on which the election is based, shall be paid
to the fund, account, or other repository for contributions
made under the previous system. For purposes of this section,
the term ``current system'' shall be considered also to
include any retirement system (besides the one in which the
individual is participating at the time of making the
election) in which such individual previously participated
since the move on which the election is based.
(ii) Condition subsequent relating to repayment of lump-sum
credit.--In the case of an individual who has received such
individual's lump-sum credit (within the meaning of section
8401(19) of title 5, United States Code, or a similar
payment) from such individual's previous system, the payment
described in clause (i) shall not be made (and the election
to which it relates shall be ineffective) unless such lump-
sum credit is redeposited or otherwise paid at such time and
in such manner as shall be required under applicable
regulations. Regulations to carry out this clause shall
include provisions for the computation of interest
(consistent with section 8334(e) (2) and (3) of title 5,
United States Code), if no provisions for such computation
otherwise exist.
(iii) Condition subsequent relating to deficiency in
payments relative to amounts needed to ensure that benefits
are fully funded.--
(I) In general.--Except as provided in subclause (II), the
payment described in clause (i) shall not be made (and the
election to which it relates shall be ineffective) if the
actuarial present value of the future benefits that would be
payable under the previous system with respect to service
performed by such individual after the move on which the
election under this paragraph is based and before the
effective date of the election, exceeds the total amounts
required to be transferred to the previous system under the
preceding provisions of this subparagraph with respect to
such service, as determined by the authority administering
such previous system (in this section referred to as the
``administrative authority'').
(II) Payment of deficiency.--A determination of a
deficiency under this clause shall not render an election
ineffective if the individual pays or arranges to pay, at a
time and in a manner satisfactory to such administrative
authority, the full amount of the deficiency described in
subclause (I).
[[Page 131]]
(D) Alternative election for an individual then
participating in fers.--
(i) Applicability.--This subparagraph applies with respect
to any individual who--
(I) is then currently participating in FERS; and
(II) would then otherwise be eligible to make an election
under subparagraphs (A) through (C) of this paragraph,
determined disregarding the matter in subclause (I) of
subparagraph (B) before the first semicolon therein.
(ii) Election.--An individual described in clause (i) may,
instead of making an election for which such individual is
otherwise eligible under this paragraph, elect to have all
prior qualifying NAFI service of such individual treated as
creditable service for purposes of any annuity under FERS
payable out of the Civil Service Retirement and Disability
Fund.
(iii) Qualifying nafi service.--For purposes of this
subparagraph, the term ``qualifying NAFI service'' means any
service which, but for this subparagraph, would be creditable
for purposes of any retirement system established for
employees described in section 2105(c) of title 5, United
States Code.
(iv) Service ceases to be creditable for nafi retirement
system purposes.--Any qualifying NAFI service that becomes
creditable for FERS purposes by virtue of an election made
under this subparagraph shall not be creditable for purposes
of any retirement system referred to in clause (iii).
(v) Conditions.--An election under this subparagraph shall
be subject to requirements, similar to those set forth in
subparagraph (C), to ensure that--
(I) appropriate transfers of individual and Government
contributions are made to the Civil Service Retirement and
Disability Fund; and
(II) the actuarial present value of future benefits under
FERS attributable to service made creditable by such election
is fully funded.
(E) Alternative election for an individual then
participating in a nafi retirement system.--
(i) Applicability.--This subparagraph applies with respect
to any individual who--
(I) is then currently participating in any retirement
system established for employees described in section 2105(c)
of title 5, United States Code (in this subparagraph referred
to as a ``NAFI retirement system''); and
(II) would then otherwise be eligible to make an election
under subparagraphs (A) through (C) of this paragraph
(determined disregarding the matter in subclause (I) of
subparagraph (B) before the first semicolon therein) based on
a move from FERS.
(ii) Election.--An individual described in clause (i) may,
instead of making an election for which such individual is
otherwise eligible under this paragraph, elect to have all
prior qualifying FERS service of such individual treated as
creditable service for purposes of determining eligibility
for benefits under a NAFI retirement system, but not for
purposes of computing the amount of any such benefits except
as provided in clause (v)(II).
(iii) Qualifying fers service.--For purposes of this
subparagraph, the term ``qualifying FERS service'' means any
service which, but for this subparagraph, would be creditable
for purposes of the Federal Employees' Retirement System.
(iv) Service ceases to be creditable for purposes of
fers.--Any qualifying FERS service that becomes creditable
for NAFI purposes by virtue of an election made under this
subparagraph shall not be creditable for purposes of the
Federal Employees' Retirement System.
(v) Funding requirements.--
(I) In general.--Except as provided in subclause (II),
nothing in this section or in any other provision of law or
any other authority shall be considered to require any
payment or transfer of monies in order for an election under
this subparagraph to be effective.
(II) Contribution required only if individual elects to
have service made creditable for computation purposes as
well.--Under regulations prescribed by the appropriate
administrative authority, an individual making an election
under this subparagraph may further elect to have the
qualifying FERS service made creditable for computation
purposes under a NAFI retirement system, but only if the
individual pays or arranges to pay, at a time and in a manner
satisfactory to such administrative authority, the amount
necessary to fully fund the actuarial present value of future
benefits under the NAFI retirement system attributable to the
qualifying FERS service.
(3) Information.--The regulations under subsection (b)
shall include provisions under which any individual--
(A) shall, upon request, be provided information or
assistance in determining whether such individual is eligible
to make an election under paragraph (2) and, if so, the exact
amount of any payment which would be required of such
individual in connection with any such election; and
(B) may seek any other information or assistance relating
to any such election.
(d) Creditability of NAFI Service for RIF Purposes.--
(1) In general.--Clause (ii) of section 3502(a)(C) of title
5, United States Code, is amended by striking ``January 1,
1987'' and inserting ``January 1, 1966''.
(2) Effective date.--Notwithstanding any provision of
subsection (c), the amendment made by paragraph (1) shall--
(A) take effect on the date of the enactment of this Act;
and
(B) apply with respect to any reduction in force carried
out on or after such date.
SEC. 1044. EXTENSION OF TEMPORARY AUTHORITY TO PAY CIVILIAN
EMPLOYEES WITH RESPECT TO THE EVACUATION FROM
GUANTANAMO, CUBA.
(a) Extension of Authority.--The Secretary of Defense may,
until the end of January 31, 1996, and without regard to the
time limitations specified in subsection (a) of section 5523
of title 5, United States Code, make payments under the
provisions of such section from funds available for the pay
of civilian personnel in the case of employees, or an
employee's dependents or immediate family, evacuated from
Guantanamo Bay, Cuba, pursuant to the August 26, 1994 order
of the Secretary. This section shall take effect as of
October 1, 1995, and shall apply with respect to payments
made for periods occurring on or after that date.
(b) Monthly Report.--On the first day of each month
beginning after the date of the enactment of this Act and
ending before March 1996, the Secretary of the Navy shall
transmit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report regarding the payment of employees
pursuant to subsection (a). Each such report shall include,
for the month preceding the month in which the report is
transmitted, a statement of the following:
(1) The number of the employees paid pursuant to such
section.
(2) The positions of employment of the employees.
(3) The number and location of the employees' dependents
and immediate families.
(4) The actions taken by the Secretary to eliminate the
conditions which necessitated the payments.
Subtitle E--Miscellaneous Reporting Requirements
SEC. 1051. REPORT ON FISCAL YEAR 1997 BUDGET SUBMISSION
REGARDING GUARD AND RESERVE COMPONENTS.
(a) Report.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time that the
President submits the budget for fiscal year 1997 under
section 1105(a) of title 31, United States Code, a report on
amounts requested in that budget for the Guard and Reserve
components.
(b) Content.--The report shall include the following:
(1) A description of the anticipated effect that the
amounts requested (if approved by Congress) will have to
enhance the capabilities of each of the Guard and Reserve
components.
(2) A listing, with respect to each such component, of each
of the following:
(A) The amount requested for each major weapon system for
which funds are requested in the budget for that component.
(B) The amount requested for each item of equipment (other
than a major weapon system) for which funds are requested in
the budget for that component.
(C) The amount requested for each military construction
project, together with the location of each such project, for
which funds are requested in the budget for that
component.
(c) Inclusion of Information in Next FYDP.--The Secretary
of Defense shall specifically display in the next future-
years defense program (or program revision) submitted to
Congress after the date of the enactment of this Act the
amounts programmed for procurement of equipment and for
military construction for each of the Guard and Reserve
components.
(d) Definition.--For purposes of this section, the term
``Guard and Reserve components'' means the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air Force Reserve.
(6) The Air National Guard of the United States.
SEC. 1052. REPORT ON DESIRABILITY AND FEASIBILITY OF
PROVIDING AUTHORITY FOR USE OF FUNDS DERIVED
FROM RECOVERED LOSSES RESULTING FROM CONTRACTOR
FRAUD.
(a) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit to Congress a report on the desirability
and feasibility of authorizing by law the retention and use
by the Department of Defense of a specified portion (not to
exceed three percent) of amounts recovered by the Government
during any fiscal year from losses and expenses incurred by
the Department of Defense as a result of contractor fraud at
military installations.
(b) Matters To Be Included.--The report shall include the
views of the Secretary of Defense regarding--
(1) the degree to which such authority would create
enhanced incentives for the discovery, investigation, and
resolution of contractor fraud at military installations; and
(2) the appropriate allocation for funds that would be
available for expenditure pursuant to such authority.
SEC. 1053. REPORT OF NATIONAL POLICY ON PROTECTING THE
NATIONAL INFORMATION INFRASTRUCTURE AGAINST
STRATEGIC ATTACKS.
Not later than 120 days after the date of the enactment of
this Act, the President shall submit to Congress a report
setting forth the results of a review of the national policy
on protecting the national informa
[[Page 132]]
tion infrastructure against strategic attacks. The report
shall include the following:
(1) A description of the national policy and architecture
governing the plans for establishing procedures,
capabilities, systems, and processes necessary to perform
indications, warning, and assessment functions regarding
strategic attacks by foreign nations, groups, or individuals,
or any other entity against the national information
infrastructure.
(2) An assessment of the future of the National
Communications System (NCS), which has performed the central
role in ensuring national security and emergency preparedness
communications for essential United States Government and
private sector users, including a discussion of--
(A) whether there is a Federal interest in expanding or
modernizing the National Communications System in light of
the changing strategic national security environment and the
revolution in information technologies; and
(B) the best use of the National Communications System and
the assets and experience it represents as an integral part
of a larger national strategy to protect the United States
against a strategic attack on the national information
infrastructure.
SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE BOARDS AND
COMMISSIONS.
(a) Study.--The Secretary of Defense shall conduct a study
of the boards and commissions described in subsection (c). As
part of such study, the Secretary shall determine, with
respect to each such board or commission that received
support from the Department of Defense during fiscal year
1995, whether that board or commission merits continued
support from the Department.
(b) Report.--Not later than April 1, 1996, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the results of the study. The
report shall include the following:
(1) A list of each board and commission described in
subsection (c) that received support from the Department of
Defense during fiscal year 1995.
(2) With respect to the boards and commissions specified on
the list under paragraph (1)--
(A) a list of each such board or commission concerning
which the Secretary determined under subsection (a) that
continued support from the Department of Defense is merited;
and
(B) a list of each such board or commission concerning
which the Secretary determined under subsection (a) that
continued support from the Department if not merited.
(3) For each board and commission specified on the list
under paragraph (2)(A), a description of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support provided by the
Department to the board or commission during fiscal year
1995;
(C) the nature and duration of the support that the
Secretary proposes to provide to the board or commission;
(D) the anticipated cost to the Department of providing
such support; and
(E) a justification of the determination that the board or
commission merits the continued support of the Department.
(4) For each board and commission specified on the list
under paragraph (2)(B), a description of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support provided by the
Department to the board or commission during fiscal year
1995; and
(C) a justification of the determination that the board or
commission does not merit the continued support of the
Department.
(c) Covered Boards and Commissions.--Subsection (a) applies
to any board or commission (including any board or commission
authorized by law) that operates within or for the Department
of Defense and that--
(1) provides only policy-making assistance or advisory
services for the Department; or
(2) carries out only activities that are not routine
activities, on-going activities, or activities necessary to
the routine, on-going operations of the Department.
(d) Support Defined.--For purposes of this section, the
term ``support'' includes the provision of any of the
following:
(1) Funds.
(2) Equipment, materiel, or other assets.
(3) Services of personnel.
SEC. 1055. DATE FOR SUBMISSION OF ANNUAL REPORT ON SPECIAL
ACCESS PROGRAMS.
Section 119(a) of title 10, United States Code, is amended
by striking out ``February 1'' and inserting in lieu thereof
``March 1''.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
SEC. 1061. REPEAL OF MISCELLANEOUS PROVISIONS OF LAW.
(a) Volunteers Investing in Peace and Security Program.--
(1) Chapter 89 of title 10, United States Code, is repealed.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of such title
are each amended by striking out the item relating to chapter
89.
(b) Security and Control of Supplies.--(1) Chapter 171 of
such title is repealed.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, of such title
are each amended by striking out the item relating to chapter
171.
(c) Annual Authorization of Military Training Student
Loads.--Section 115 of such title is amended--
(1) in subsection (a), by striking out paragraph (3);
(2) in subsection (b)--
(A) by inserting ``or'' at the end of paragraph (1);
(B) by striking out ``; or'' at the end of paragraph (2)
and inserting in lieu thereof a period; and
(C) by striking out paragraph (3); and
(3) by striking out subsection (f).
(d) Portions of Annual Manpower Requirements Report.--
Section 115a of such title is amended--
(1) in subsection (b)(2), by striking out subparagraph (C);
(2) by striking out subsection (d);
(3) by redesignating subsection (e) as subsection (d) and
striking out paragraphs (4) and (5) thereof;
(4) by striking out subsection (f); and
(5) by redesignating subsection (g) as subsection (e).
(e) Obsolete Authority for Payment of Stipends for Members
of Certain Advisory Committees and Boards of Visitors of
Service Academies.--(1) The second sentence of each of
sections 173(b) and 174(b) of such title is amended to read
as follows: ``Other members and part-time advisers shall
(except as otherwise specifically authorized by law) serve
without compensation for such service.''.
(2) Sections 4355(h), 6968(h), and 9355(h) of such title
are amended by striking out ``is entitled to not more than $5
a day and''.
(f) Annual Budget Information Concerning Recruiting
Costs.--(1) Section 227 of such title is repealed.
(2) The table of sections at the beginning of chapter 9 of
such title is amended by striking out the item relating to
section 227.
(g) Expired Authority Relating to Peacekeeping
Activities.--(1) Section 403 of such title is repealed.
(2) The table of sections at the beginning of subchapter I
of chapter 20 of such title is amended by striking out the
item relating to section 403.
(h) Procurement of Gasohol for Department of Defense Motor
Vehicles.--(1) Subsection (a) of section 2398 of such title
is repealed.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(B) in subsection (b), as so redesignated, by striking out
``subsection (b)'' and inserting in lieu thereof ``subsection
(a)''.
(i) Requirement of Notice of Certain Disposals and Gifts by
Secretary of Navy.--Section 7545 of such title is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(j) Annual Report on Biological Defense Research Program.--
(1) Section 2370 of such title is repealed.
(2) The table of sections at the beginning of chapter 139
of such title is amended by striking out the item relating to
such section.
(k) Reports and Notifications Relating to Chemical and
Biological Agents.--Subsection (a) of section 409 of Public
Law 91-121 (50 U.S.C. 1511) is repealed.
(l) Annual Report on Balanced Technology Initiative.--
Subsection (e) of section 211 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1394) is repealed.
(m) Report on Environmental Restoration Costs for
Installations To Be Closed Under 1990 Base Closure Law.--
Section 2827 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2687 note) is amended by striking out subsection (b).
(n) Limitation on American Diplomatic Facilities in
Germany.--Section 1432 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1833)
is repealed.
SEC. 1062. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.
(a) Annual Report on Relocation Assistance Programs.--
Section 1056 of title 10, United States Code, is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Notice of Salary Increases for Foreign National
Employees.--Section 1584 of such title is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Waiver of
Employment Restrictions for Certain Personnel.--''.
(c) Notice Regarding Contracts Performed for Periods
Exceeding 10 Years.--(1) Section 2352 of such title is
repealed.
(2) The table of sections at the beginning of chapter 139
of such title is amended by striking out the item relating to
section 2352.
(d) Report on Low-Rate Production Under Naval Vessel and
Military Satellite Programs.--Section 2400(c) of such title
is amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1)--
(A) by striking out ``(1)''; and
(B) by redesignating clauses (A) and (B) as clauses (1) and
(2), respectively.
(e) Report on Waivers of Prohibition on Employment of
Felons.--Section 2408(a)(3) of such title is amended by
striking out the second sentence.
(f) Report on Determination Not To Debar for Fraudulent Use
of Labels.--Section 2410f(a) of such title is amended by
striking out the second sentence.
[[Page 133]]
(g) Notice of Military Construction Contracts on Guam.--
Section 2864(b) of such title is amended by striking out
``after the 21-day period'' and all that follows through
``determination''.
SEC. 1063. REPORTS REQUIRED BY DEFENSE AUTHORIZATION AND
APPROPRIATIONS ACTS.
(a) Public Law 99-661 Requirement for Report on Funding for
Nicaraguan Democratic Resistance.--Section 1351 of the
National Defense Authorization Act for Fiscal Year 1987
(Public Law 99-661; 100 Stat. 3995; 10 U.S.C. 114 note) is
amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a)
Limitation.--''.
(b) Annual Report on Overseas Military Facility Investment
Recovery Account.--Section 2921 of the Military Construction
Authorization Act for Fiscal Year 1991 (division B of Public
Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(c) Science, Mathematics, and Engineering Education Master
Plan.--Section 829 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1444; 10 U.S.C. 2192 note) is repealed.
(d) Report Regarding Heating Facility Modernization at
Kaiserslautern.--Section 8008 of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139; 107 Stat.
1438), is amended by inserting ``but without regard to the
notification requirement in subsection (b)(2) of such
section,'' after ``section 2690 of title 10, United States
Code,''.
SEC. 1064. REPORTS REQUIRED BY OTHER PROVISIONS OF LAW.
(a) Requirement Under Arms Export Control Act for Quarterly
Report on Price and Availability Estimates.--Section 28 of
the Arms Export Control Act (22 U.S.C. 2768) is repealed.
(b) Annual Report on National Security Agency Executive
Personnel.--Section 12(a) of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended by striking out
paragraph (5).
(c) Reports Concerning Certain Federal Contracting and
Financial Transactions.--Section 1352 of title 31, United
States Code, is amended--
(1) in subsection (b)(6)(A), by inserting ``(other than the
Secretary of Defense and Secretary of a military
department)'' after ``The head of each agency''; and
(2) in subsection (d)(1), by inserting ``(other than in the
case of the Department of Defense or a military department)''
after ``paragraph (3) of this subsection''.
(d) Annual Report on Water Resources Project Agreements.--
Section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b) is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(e) Annual Report on Construction of Tennessee-Tombigbee
Waterway.--Section 185 of the Water Resources Development Act
of 1976 (33 U.S.C. 544c) is amended by striking out the
second sentence.
(f) Annual Report on Monitoring of Navy Home Port Waters.--
Section 7 of the Organotin Antifouling Paint Control Act of
1988 (33 U.S.C. 2406) is amended--
(1) by striking out subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
Subtitle G--Department of Defense Education Programs
SEC. 1071. CONTINUATION OF UNIFORMED SERVICES UNIVERSITY OF
THE HEALTH SCIENCES.
(a) Policy.--Congress reaffirms--
(1) the prohibition set forth in subsection (a) of section
922 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2829; 10 U.S.C. 2112
note) regarding closure of the Uniformed Services University
of the Health Sciences; and
(2) the expression of the sense of Congress set forth in
subsection (b) of such section regarding the budgetary
commitment to continuation of the university.
(b) Personnel Strength.--During the five-year period
beginning on October 1, 1995, the personnel staffing levels
for the Uniformed Services University of the Health Services
may not be reduced below the personnel staffing levels for
the university as of October 1, 1993.
(c) Budgetary Commitment to Continuation.--It is the sense
of Congress that the Secretary of Defense should budget for
the operation of the Uniformed Services University of the
Health Sciences during fiscal year 1997 at a level at least
equal to the level of operations conducted at the University
during fiscal year 1995.
SEC. 1072. ADDITIONAL GRADUATE SCHOOLS AND PROGRAMS AT
UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Additional Schools and Programs.--Subsection (h) of
section 2113 of title 10, United States Code, is amended to
read as follows:
``(h) The Secretary of Defense may establish the following
educational programs at the University:
``(1) Postdoctoral, postgraduate, and technological
institutes.
``(2) A graduate school of nursing.
``(3) Other schools or programs that the Secretary
determines necessary in order to operate the University in a
cost-effective manner.''.
(b) Conforming Amendments To Reflect Advisory Nature of
Board of Regents.--(1) Section 2112(b) of such title is
amended by striking out ``, upon recommendation of the Board
of Regents,''.
(2) Section 2113 of such title is amended--
(A) in subsection (a)--
(i) by striking out ``a Board of Regents (hereinafter in
this chapter referred to as the `Board')'' in the first
sentence and inserting in lieu thereof ``the Secretary of
Defense''; and
(ii) by inserting after the first sentence the following
new sentence: ``To assist the Secretary in an advisory
capacity, there is a Board of Regents for the University.'';
(B) in subsection (d), by striking out ``Board'' the first
place it appears and inserting in lieu thereof ``Secretary'';
(C) in subsection (e), by striking out ``of Defense'';
(D) in subsection (f)(1), by striking out ``of Defense'';
(E) in subsection (g)--
(i) by striking out ``Board is authorized to'' in the first
sentence and inserting in lieu thereof ``Secretary may'';
(ii) by striking out ``Board is also authorized to'' in the
third sentence and inserting in lieu thereof ``Secretary
may''; and
(iii) by striking out ``Board may also, subject to the
approval of the Secretary of Defense,'' in the fifth sentence
and inserting in lieu thereof ``Secretary may''; and
(F) by striking out ``Board'' each place it appears in
subsections (f), (i), and (j) and inserting in lieu thereof
``Secretary''.
(3) Section 2114(e)(1) of such title is amended by striking
out ``Board, upon approval of the Secretary of Defense,'' and
inserting in lieu thereof ``Secretary of Defense''.
(c) Clerical Amendments.--(1) The heading of section 2113
of such title is amended to read as follows:
``Sec. 2113. Administration of University''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 104 of such title is
amended to read as follows:
``2113. Administration of University.''.
SEC. 1073. FUNDING FOR ADULT EDUCATION PROGRAMS FOR MILITARY
PERSONNEL AND DEPENDENTS OUTSIDE THE UNITED
STATES.
Of amounts appropriated pursuant to section 301, $600,000
shall be available to carry out adult education programs,
consistent with the Adult Education Act (20 U.S.C. 1201 et
seq.), for the following:
(1) Members of the Armed Forces who are serving in
locations--
(A) that are outside the United States; and
(B) for which amounts are not required to be allotted under
section 313(b) of such Act (20 U.S.C. 1201b(b)).
(2) The dependents of such members.
SEC. 1074. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 1996.--(1) Of the amounts authorized to be
appropriated in section 301(5)--
(A) $30,000,000 shall be available for providing
educational agencies assistance (as defined in paragraph
(4)(A)) to local educational agencies; and
(B) $5,000,000 shall be available for making educational
agencies payments (as defined in paragraph (4)(B)) to local
educational agencies.
(2) Not later than June 30, 1996, the Secretary of Defense
shall--
(A) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1996 of
that agency's eligibility for such assistance and the amount
of such assistance for which that agency is eligible; and
(B) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1996 of
that agency's eligibility for such payment and the amount of
the payment for which that agency is eligible.
(3) The Secretary of Defense shall disburse funds made
available under subparagraphs (A) and (B) of paragraph (1)
not later than 30 days after the date on which notification
to the eligible local educational agencies is provided
pursuant to paragraph (2).
(4) In this section:
(A) The term ``educational agencies assistance'' means
assistance authorized under subsection (b) of section 386 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 238 note).
(B) The term ``educational agencies payments'' means
payments authorized under subsection (d) of that section, as
amended by subsection (d).
(b) Special Rule for 1994 Payments.--The Secretary of
Education shall not consider any payment to a local
educational agency by the Department of Defense, that is
available to such agency for current expenditures and used
for capital expenses, as funds available to such agency for
purposes of making a determination for fiscal year 1994 under
section 3(d)(2)(B)(i) of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such Act was in effect on
September 30, 1994).
(c) Reduction in Impact Threshold.--Subsection (c)(1) of
section 386 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238 note) is
amended--
(1) by striking out ``30 percent'' and inserting in lieu
thereof ``20 percent''; and
(2) by striking out ``counted under subsection (a) or (b)
of section 3 of the Act of
[[Page 134]]
September 30, 1950 (Public Law 874, Eighty-first Congress; 20
U.S.C. 238)'' and inserting in lieu thereof ``counted under
section 8003(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(a))''.
(d) Adjustments Related to Base Closures and
Realignments.--Subsection (d) of section 386 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 28 U.S.C. 238 note) is amended to read as follows:
``(d) Adjustments Related to Base Closures and
Realignments.--To assist communities in making adjustments
resulting from reductions in the size of the Armed Forces,
the Secretary of Defense shall, in consultation with the
Secretary of Education, make payments to local educational
agencies that, during the period between the end of the
school year preceding the fiscal year for which the payments
are authorized and the beginning of the school year
immediately preceding that school year, had an overall
reduction of not less than 20 percent in the number of
military dependent students as a result of the closure or
realignment of military installations.''.
(e) Extension of Reporting Requirement.--Subsection (e)(1)
of section 386 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238 note) is
amended by striking out ``and 1995'' and inserting in lieu
thereof ``1995, and 1996''.
(f) Payments for Eligible Federally Connected Children.--
Subsection (f) of section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended--
(1) in paragraph (2)--
(A) in the matter preceding clause (i) of subparagraph (A),
by striking ``only if such agency'' and inserting ``if such
agency is eligible for a supplementary payment in accordance
with subparagraph (B) or such agency''; and
(B) by adding at the end the following new
subparagraph:
``(D) A local educational agency shall only be eligible to
receive additional assistance under this subsection if the
Secretary determines that--
``(i) such agency is exercising due diligence in availing
itself of State and other financial assistance; and
``(ii) the eligibility of such agency under State law for
State aid with respect to the free public education of
children described in subsection (a)(1) and the amount of
such aid are determined on a basis no less favorable to such
agency than the basis used in determining the eligibility of
local educational agencies for State aid, and the amount of
such aid, with respect to the free public education of other
children in the State.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting
``(other than any amount received under paragraph (2)(B))''
after ``subsection'';
(ii) in subclause (I) of clause (i), by striking ``or the
average per-pupil expenditure of all the States'';
(iii) by amending clause (ii) to read as follows:
``(ii) The Secretary shall next multiply the amount
determined under clause (i) by the total number of students
in average daily attendance at the schools of the local
educational agency.''; and
(iv) by amending clause (iii) to read as follows:
``(iii) The Secretary shall next subtract from the amount
determined under clause (ii) all funds available to the local
educational agency for current expenditures, but shall not so
subtract funds provided--
``(I) under this Act; or
``(II) by any department or agency of the Federal
Government (other than the Department) that are used for
capital expenses.''; and
(B) by amending subparagraph (B) to read as follows:
``(B) Special rule.--With respect to payments under this
subsection for a fiscal year for a local educational agency
described in clause (ii) or (iii) of paragraph (2)(A), the
maximum amount of payments under this subsection shall be
equal to--
``(i) the product of--
``(I) the average per-pupil expenditure in all States
multiplied by 0.7, except that such amount may not exceed 125
percent of the average per-pupil expenditure in all local
educational agencies in the State; multiplied by
``(II) the number of students described in subparagraph (A)
or (B) of subsection (a)(1) for such agency; minus
``(ii) the amount of payments such agency receives under
subsections (b) and (d) for such year.''.
(g) Current Year Data.--Paragraph (4) of section 8003(f) of
such Act (20 U.S.C. 7703(f)) is amended to read as follows:
``(4) Current year data.--For purposes of providing
assistance under this subsection the Secretary--
``(A) shall use student and revenue data from the fiscal
year for which the local educational agency is applying for
assistance under this subsection; and
``(B) shall derive the per pupil expenditure amount for
such year for the local educational agency's comparable
school districts by increasing or decreasing the per pupil
expenditure data for the second fiscal year preceding the
fiscal year for which the determination is made by the same
percentage increase or decrease reflected between the per
pupil expenditure data for the fourth fiscal year preceding
the fiscal year for which the determination is made and the
per pupil expenditure data for such second year.''.
(h) Technical Amendments To Correct References to Repealed
Law.--Section 386 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 238 note)
is amended--
(1) in subsection (e)(2)--
(A) in subparagraph (C), by inserting after ``et seq.),''
the following: ``title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.),''; and
(B) in subparagraph (D)(iii), by striking out ``under
subsections (a) and (b) of section 3 of such Act (20 U.S.C.
238)''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking out ``section 14101 of
the Elementary and Secondary Education Act of 1965'' and
inserting in lieu thereof ``section 8013(9) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713(9))'';
and
(B) by striking out paragraph (3) and inserting in lieu
thereof the following new paragraph:
``(3) The term `State' means each of the 50 States and the
District of Columbia.''.
SEC. 1075. SHARING OF PERSONNEL OF DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT SCHOOLS AND DEFENSE
DEPENDENTS' EDUCATION SYSTEM.
Section 2164(e) of title 10, United States Code, is amended
by adding at the end the following:
``(4)(A) The Secretary may, without regard to the
provisions of any law relating to the number, classification,
or compensation of employees--
``(i) transfer employees from schools established under
this section to schools in the defense dependents' education
system in order to provide the services referred to in
subparagraph (B) to such system; and
``(ii) transfer employees from such system to schools
established under this section in order to provide such
services to those schools.
``(B) The services referred to in subparagraph (A) are the
following:
``(i) Administrative services.
``(ii) Logistical services.
``(iii) Personnel services.
``(iv) Such other services as the Secretary considers
appropriate.
``(C) Transfers under this paragraph shall extend for such
periods as the Secretary considers appropriate. The Secretary
shall provide appropriate compensation for employees so
transferred.
``(D) The Secretary may provide that the transfer of an
employee under this paragraph occur without reimbursement of
the school or system concerned.
``(E) In this paragraph, the term `defense dependents'
education system' means the program established and operated
under section 1402(a) of the Defense Dependents' Education
Act of 1978 (20 U.S.C. 921(a)).''.
SEC. 1076. INCREASE IN RESERVE COMPONENT MONTGOMERY GI BILL
EDUCATIONAL ASSISTANCE ALLOWANCE WITH RESPECT
TO SKILLS OR SPECIALTIES FOR WHICH THERE IS A
CRITICAL SHORTAGE OF PERSONNEL.
Section 16131 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(j)(1) In the case of a person who has a skill or
specialty designated by the Secretary concerned as a skill or
specialty in which there is a critical shortage of personnel
or for which it is difficult to recruit or, in the case of
critical units, retain personnel, the Secretary concerned may
increase the rate of the educational assistance allowance
applicable to that person to such rate in excess of the rate
prescribed under subparagraphs (A) through (D) of subsection
(b)(1) as the Secretary of Defense considers appropriate, but
the amount of any such increase may not exceed $350 per
month.
``(2) In the case of a person who has a skill or specialty
designated by the Secretary concerned as a skill or specialty
in which there is a critical shortage of personnel or for
which it is difficult to recruit or, in the case of critical
units, retain personnel, who is eligible for educational
benefits under chapter 30 (other than section 3012) of title
38 and who meets the eligibility criteria specified in
subparagraphs (A) and (B) of section 16132(a)(1) of this
title, the Secretary concerned may increase the rate of the
educational assistance allowance applicable to that person to
such rate in excess of the rate prescribed under section 3015
of title 38 as the Secretary of Defense considers
appropriate, but the amount of any such increase may not
exceed $350 per month.
``(3) The authority provided by paragraphs (1) and (2)
shall be exercised by the Secretaries concerned under
regulations prescribed by the Secretary of Defense.''.
SEC. 1077. DATE FOR ANNUAL REPORT ON RESERVE COMPONENT
MONTGOMERY GI BILL EDUCATIONAL ASSISTANCE
PROGRAM.
Section 16137 of title 10, United States Code, is amended
by striking out ``December 15 of each year'' and inserting in
lieu thereof ``March 1 of each year''.
SEC. 1078. SCOPE OF EDUCATION PROGRAMS OF COMMUNITY COLLEGE
OF THE AIR FORCE.
(a) Limitation to Members of the Air Force.--Section
9315(a)(1) of title 10, United States Code, is amended by
striking out ``for enlisted members of the armed forces'' and
inserting in lieu thereof ``for enlisted members of the Air
Force''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with re
[[Page 135]]
spect to enrollments in the Community College of the Air
Force after March 31, 1996.
SEC. 1079. AMENDMENTS TO EDUCATION LOAN REPAYMENT
PROGRAMS.
(a) General Education Loan Repayment Program.--Section
2171(a)(1) of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et
seq.); or''.
(b) Education Loan Repayment Program for Enlisted Members
of Selected Reserve With Critical Specialties.--Section
16301(a)(1) of such title is amended--
(1) by striking out ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et
seq.); or''.
(c) Education Loan Repayment Program for Health Professions
Officers Serving in Selected Reserve With Wartime Critical
Medical Skill Shortages.--Section 16302(a) of such title is
amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5) respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et
seq.); or''.
Subtitle H--Other Matters
SEC. 1081. NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE,
DEFENSE REINVESTMENT, AND DEFENSE CONVERSION
PROGRAMS.
(a) National Security Objectives for National Technology
and Industrial Base.--(1) Section 2501 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) by striking out ``Defense Policy'' in the subsection
heading and inserting in lieu thereof ``National Security'';
and
(ii) by striking out paragraph (5);
(B) by striking out subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(2) The heading of such section is amended to read as
follows:
``Sec. 2501. National security objectives concerning national
technology and industrial base''.
(b) National Defense Technology and Industrial Base
Council.--Section 2502(c) of such title is amended--
(1) in paragraph (1), by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) programs for achieving such national security
objectives; and'';
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(c) Modification of Defense Dual-Use Critical Technology
Partnerships Program.--Section 2511 of such title is amended
to read as follows:
``Sec. 2511. Defense dual-use critical technology program
``(a) Establishment of Program.--The Secretary of Defense
shall conduct a program to further the national security
objectives set forth in section 2501(a) of this title by
encouraging and providing for research, development, and
application of dual-use critical technologies. The Secretary
may make grants, enter into contracts, or enter into
cooperative agreements and other transactions pursuant to
section 2371 of this title in furtherance of the program. The
Secretary shall identify projects to be conducted as part of
the program.
``(b) Assistance Authorized.--The Secretary of Defense may
provide technical and other assistance to facilitate the
achievement of the purposes of projects conducted under the
program. In providing such assistance, the Secretary shall
make available, as appropriate for the work to be performed,
equipment and facilities of Department of Defense
laboratories (including the scientists and engineers at those
laboratories) for purposes of projects selected by the
Secretary.
``(c) Financial Commitment of Non-Federal Government
Participants.--(1) The total amount of funds provided by the
Federal Government for a project conducted under the program
may not exceed 50 percent of the total cost of the project.
However, the Secretary of Defense may agree to a project in
which the total amount of funds provided by the Federal
Government exceeds 50 percent if the Secretary determines the
project is particularly meritorious, but the project would
not otherwise have sufficient non-Federal funding or in-kind
contributions.
``(2) The Secretary may prescribe regulations to provide
for consideration of in-kind contributions by non-Federal
Government participants in a project conducted under the
program for the purpose of calculating the share of the
project costs that has been or is being undertaken by such
participants. In such regulations, the Secretary may
authorize a participant that is a small business concern to
use funds received under the Small Business Innovation
Research Program or the Small Business Technology Transfer
Program to help pay the costs of project activities. Any such
funds so used may be considered in calculating the amount of
the financial commitment undertaken by the non-Federal
Government participants unless the Secretary determines that
the small business concern has not made a significant equity
percentage contribution in the project from non-Federal
sources.
``(3) The Secretary shall consider a project proposal
submitted by a small business concern without regard to the
ability of the small business concern to immediately meet its
share of the anticipated project costs. Upon the selection of
a project proposal submitted by a small business concern, the
small business concern shall have a period of not less than
120 days in which to arrange to meet its financial commitment
requirements under the project from sources other than a
person of a foreign country. If the Secretary determines upon
the expiration of that period that the small business concern
will be unable to meet its share of the anticipated project
costs, the Secretary shall revoke the selection of the
project proposal submitted by the small business concern.
``(d) Selection Process.--Competitive procedures shall be
used in the conduct of the program.
``(e) Selection Criteria.--The criteria for the selection
of projects under the program shall include the following:
``(1) The extent to which the proposed project advances and
enhances the national security objectives set forth in
section 2501(a) of this title.
``(2) The technical excellence of the proposed project.
``(3) The qualifications of the personnel proposed to
participate in the research activities of the proposed
project.
``(4) An assessment of timely private sector investment in
activities to achieve the goals and objectives of the
proposed project other than through the project.
``(5) The potential effectiveness of the project in the
further development and application of each technology
proposed to be developed by the project for the national
technology and industrial base.
``(6) The extent of the financial commitment of eligible
firms to the proposed project.
``(7) The extent to which the project does not
unnecessarily duplicate projects undertaken by other
agencies.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the purposes of this section.''.
(d) Federal Defense Laboratory Diversification Program.--
Section 2519 of such title is amended--
(1) in subsection (b), by striking out ``referred to in
section 2511(b) of this title''; and
(2) in subsection (f), by striking out ``section 2511(f)''
and inserting in lieu thereof ``section 2511(e)''.
(e) Manufacturing Science and Technology Program.--
Subsection (b) of section 2525 of such title is amended to
read as follows:
``(b) Purpose of Program.--The Secretary of Defense shall
use the program--
``(1) to provide centralized guidance and direction
(including goals, milestones, and priorities) to the military
departments and the Defense Agencies on all matters relating
to manufacturing technology;
``(2) to direct the development and implementation of
Department of Defense plans, programs, projects, activities,
and policies that promote the development and application of
advanced technologies to manufacturing processes, tools, and
equipment;
``(3) to improve the manufacturing quality, productivity,
technology, and practices of businesses and workers providing
goods and services to the Department of Defense;
``(4) to promote dual-use manufacturing processes;
``(5) to disseminate information concerning improved
manufacturing improvement concepts, including information on
such matters as best manufacturing practices, product data
exchange specifications, computer-aided acquisition and
logistics support, and rapid acquisition of manufactured
parts;
``(6) to sustain and enhance the skills and capabilities of
the manufacturing work force;
``(7) to promote high-performance work systems (with
development and dissemination of production technologies that
build upon the skills and capabilities of the work force),
high levels of worker education and training; and
``(8) to ensure appropriate coordination between the
manufacturing technology programs and industrial preparedness
programs of the Department of Defense and similar programs
undertaken by other departments and agencies of the Federal
Government or by the private sector.''.
(f) Repeal of Various Assistance Programs.--Sections 2512,
2513, 2520, 2521, 2522, 2523, and 2524 of such title are
repealed.
(g) Repeal of Military-Civilian Integration and Technology
Transfer Advisory Board.--Section 2516 of such title is
repealed.
(h) Repeal of Obsolete Definitions.--Section 2491 of such
title is amended--
(1) by striking out paragraphs (11) and (12); and
(2) by redesignating paragraphs (13), (14), (15), and (16)
as paragraphs (11) (12), (13), and (14), respectively.
(i) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter II of chapter 148 of such title is
amended by strik
[[Page 136]]
ing out the item relating to section 2501 and inserting in
lieu thereof the following new item:
``2501. National security objectives concerning national technology and
industrial base.''.
(2) The table of sections at the beginning of subchapter
III of such chapter is amended--
(A) by striking out the item relating to section 2511 and
inserting in lieu thereof the following new item:
``2511. Defense dual-use critical technology program.''; and
(B) by striking out the items relating to sections 2512,
2513, 2516, and 2520.
(3) The table of sections at the beginning of subchapter IV
of such chapter is amended by striking out the items relating
to sections 2521, 2522, 2523, and 2524.
SEC. 1082. AMMUNITION INDUSTRIAL BASE.
(a) Review of Ammunition Procurement Programs.--The
Secretary of Defense shall carry out a review of the programs
of the Department of Defense for the procurement of
ammunition. The review shall include the Department of
Defense management of ammunition procurement programs,
including the procedures of the Department for the planning
for, budgeting for, administration, and carrying out of such
programs. The Secretary shall begin the review not later than
30 days after the date of the enactment of this Act.
(b) Matters To Be Reviewed.--The review under subsection
(a) shall include an assessment of the following:
(1) The practicability and desirability of (A) continuing
to use centralized procurement practices (through a single
executive agent) for the procurement of ammunition required
by the Armed Forces, and (B) using such centralized
procurement practices for the procurement of all such
ammunition.
(2) The capability of the ammunition production facilities
of the Government to meet the requirements of the Armed
Forces for procurement of ammunition.
(3) The practicability and desirability of converting those
ammunition production facilities to ownership or operation by
private sector entities.
(4) The practicability and desirability of integrating the
budget planning for the procurement of ammunition among the
Armed Forces.
(5) The practicability and desirability of establishing an
advocate within the Department of Defense for matters
relating to the ammunition industrial base, with such an
advocate to be responsible for--
(A) establishing the quantity and price of ammunition
procured by the Armed Forces; and
(B) establishing and implementing policy to ensure the
continuing capability of the ammunition industrial base in
the United States to meet the requirements of the Armed
Forces.
(6) The practicability and desirability of providing
information on the ammunition procurement practices of the
Armed Forces to Congress through a single source.
(c) Report.--Not later than April 1, 1996, the Secretary
shall submit to the congressional defense committees a report
on the review carried out under subsection (a). The report
shall include the following:
(1) The results of the review.
(2) A discussion of the methodologies used in carrying out
the review.
(3) An assessment of various methods of ensuring the
continuing capability of the ammunition industrial base of
the United States to meet the requirements of the Armed
Forces.
(4) Recommendations of means (including legislation) of
implementing those methods in order to ensure such continuing
capability.
SEC. 1083. POLICY CONCERNING EXCESS DEFENSE INDUSTRIAL
CAPACITY.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be used for capital investment
in, or the development and construction of, a Government-
owned, Government-operated defense industrial facility unless
the Secretary of Defense certifies to the Congress that no
similar capability or minimally used capacity exists in any
other Government-owned, Government-operated defense
industrial facility.
SEC. 1084. SENSE OF CONGRESS CONCERNING ACCESS TO SECONDARY
SCHOOL STUDENT INFORMATION FOR RECRUITING
PURPOSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the States (with respect to public schools) and
entities operating private secondary schools should not have
a policy of denying, or otherwise effectively preventing, the
Secretary of Defense from obtaining for military recruiting
purposes--
(A) entry to any secondary school or access to students at
any secondary school equal to that of other employers; or
(B) access to directory information pertaining to students
at secondary schools equal to that of other employers (other
than in a case in which an objection has been raised as
described in paragraph (2)); and
(2) any State, and any entity operating a private secondary
school, that releases directory information secondary school
students should--
(A) give public notice of the categories of such
information to be released; and
(B) allow a reasonable period after such notice has been
given for a student or (in the case of an individual younger
than 18 years of age) a parent to inform the school that any
or all of such information should not be released without
obtaining prior consent from the student or the parent, as
the case may be.
(b) Report on DOD Procedures.--Not later than March 1,
1996, the Secretary of Defense shall submit to Congress a
report on Department of Defense procedures for determining if
and when a State or an entity operating a private secondary
school has denied or prevented access to students or
information as described in subsection (a)(1).
(c) Definitions.--For purposes of this section:
(1) The term ``directory information'' means, with respect
to a student, the student's name, address, telephone listing,
date and place of birth, level of education, degrees
received, and (if available) the most recent previous
educational program enrolled in by the student.
(2) The term ``student'' means an individual enrolled in
any program of education who is 17 years of age or older.
SEC. 1085. DISCLOSURE OF INFORMATION CONCERNING UNACCOUNTED
FOR UNITED STATES PERSONNEL FROM THE KOREAN
CONFLICT, THE VIETNAM ERA, AND THE COLD WAR.
Section 1082 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C. 401
note) is amended--
(1) in subsection (b)(3)(A), by striking out ``cannot be
located after a reasonable effort.'' and inserting in lieu
thereof ``cannot be located by the Secretary of Defense--
``(i) in the case of a person missing from the Vietnam era,
after a reasonable effort; and
``(ii) in the case of a person missing from the Korean
Conflict or Cold War, after a period of 90 days from the date
on which any record or other information referred to in
paragraph (2) is received by the Department of Defense for
disclosure review from the Archivist of the United States,
the Library of Congress, or the Joint United States-Russian
Commission on POW/MIAs.''; and
(2) in subsection (c)(1), by striking out ``not later than
September 30, 1995'' and inserting in lieu thereof ``not
later than January 2, 1996''.
SEC. 1086. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT FLEET.
(a) Submittal of JCS Report on Aircraft.--Not later than
February 1, 1996, the Secretary of Defense shall submit to
Congress the report that, as of the date of the enactment of
this Act, is in preparation by the Chairman of the Joint
Chiefs of Staff on operational support airlift aircraft.
(b) Content of Report.--(1) The report referred to in
subsection (a) shall contain findings and recommendations on
the
following:
(A) Requirements for the modernization and safety of the
operational support airlift aircraft fleet.
(B) The disposition of aircraft that would be excess to
that fleet upon fulfillment of the requirements referred to
in subparagraph (A).
(C) Plans and requirements for the standardization of the
fleet, including plans and requirements for the provision of
a single manager for all logistical support and operational
requirements.
(D) Central scheduling of all operational support airlift
aircraft.
(E) Needs of the Department for helicopter support in the
National Capital Region, including the acceptable uses of
that support.
(2) In preparing the report, the Chairman of the Joint
Chiefs of Staff shall take into account the recommendation of
the Commission on Roles and Missions of the Armed Forces to
reduce the size of the operational support airlift aircraft
fleet.
(c) Regulations.--(1) Upon completion of the report
referred to in subsection (a), the Secretary shall prescribe
regulations, consistent with the findings and recommendations
set forth in the report, for the operation, maintenance,
disposition, and use of operational support airlift aircraft.
(2) The regulations shall, to the maximum extent
practicable, provide for, and encourage the use of,
commercial airlines in lieu of the use of such aircraft.
(3) The regulations shall apply uniformly throughout the
Department.
(4) The regulations shall not require exclusive use of such
aircraft for any particular class of government personnel.
(d) Reductions in Flying Hours.--(1) The Secretary shall
ensure that the number of hours flown during fiscal year 1996
by operational support airlift aircraft does not exceed the
number equal to 85 percent of the number of hours flown
during fiscal year 1995 by operational support airlift
aircraft.
(2) The Secretary should ensure that the number of hours
flown in the National Capital Region during fiscal year 1996
by helicopters of the operational support airlift aircraft
fleet does not exceed the number equal to 85 percent of the
number of hours flown in the National Capital Region during
fiscal year 1995 by helicopters of the operational support
airlift aircraft fleet.
(e) Restriction on Availability of Funds.--Of the funds
appropriated pursuant to section 301 for the operation and
use of operational support airlift aircraft, not more than 50
percent is available for obligation until the Secretary
submits to Congress the report referred to in subsection (a).
(f) Definitions.--In this section:
(1) The term ``operational support airlift aircraft'' means
aircraft of the Department of Defense designated within the
Department as operational support airlift aircraft.
[[Page 137]]
(2) The term ``National Capital Region'' has the meaning
given such term in section 2674(f)(2) of title 10, United
States Code.
SEC. 1087. CIVIL RESERVE AIR FLEET.
Section 9512 of title 10, United States Code, is amended by
striking out ``full Civil Reserve Air Fleet'' in subsections
(b)(2) and (e) and inserting in lieu thereof ``Civil Reserve
Air Fleet''.
SEC. 1088. DAMAGE OR LOSS TO PERSONAL PROPERTY DUE TO
EMERGENCY EVACUATION OR EXTRAORDINARY
CIRCUMSTANCES.
(a) Settlement of Claims of Personnel.--Section 3721(b)(1)
of title 31, United States Code, is amended by inserting
after the first sentence the following: ``If, however, the
claim arose from an emergency evacuation or from
extraordinary circumstances, the amount settled and paid
under the authority of the preceding sentence may exceed
$40,000, but may not exceed $100,000.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to claims arising before, on, or after the date
of the enactment of this Act.
(c) Representments of Previously Presented Claims.--(1) A
claim under subsection (b) of section 3721 of title 31,
United States Code, that was settled under such section
before the date of the enactment of this Act may be
represented under such section, as amended by subsection (a),
to the head of the agency concerned to recover the amount
equal to the difference between the actual amount of the
damage or loss and the amount settled and paid under the
authority of such section before the date of the enactment of
this Act, except that--
(A) the claim shall be represented in writing within two
years after the date of the enactment of this Act;
(B) a determination of the actual amount of the damage or
loss shall have been made by the head of the agency concerned
pursuant to settlement of the claim under the authority of
such section before the date of the enactment of this Act;
(C) the claimant shall have proof of the determination
referred to in subparagraph (B); and
(D) the total of all amounts paid in settlement of the
claim under the authority of such section may not exceed
$100,000.
(2) Subsection (k) of such section shall not apply to bar
representment of a claim described in paragraph (1), but
shall apply to such a claim that is represented and settled
under that section after the date of the enactment of this
Act.
SEC. 1089. AUTHORITY TO SUSPEND OR TERMINATE COLLECTION
ACTIONS AGAINST DECEASED MEMBERS.
Section 3711 of title 31, United States Code, is amended by
adding at the end the following:
``(g)(1) The Secretary of Defense may suspend or terminate
an action by the Secretary or by the Secretary of a military
department under subsection (a) to collect a claim against
the estate of a person who died while serving on active duty
as a member of the Army, Navy, Air Force, or Marine Corps if
the Secretary determines that, under the circumstances
applicable with respect to the deceased person, it is
appropriate to do so.
``(2) In this subsection, the term `active duty' has the
meaning given that term in section 101 of title 10.''.
SEC. 1090. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR
DEPENDENTS OF UNITED STATES GOVERNMENT
PERSONNEL.
(a) Authority To Carry Out Transactions.--Subsection (b) of
section 3342 of title 31, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) a dependent of personnel of the Government, but
only--
``(A) at a United States installation at which adequate
banking facilities are not available; and
``(B) in the case of negotiation of negotiable instruments,
if the dependent's sponsor authorizes, in writing, the
presentation of negotiable instruments to the disbursing
official for negotiation.''.
(b) Pay Offset.--Subsection (c) of such section is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The amount of any deficiency resulting from cashing a
check for a dependent under subsection (b)(3), including any
charges assessed against the disbursing official by a
financial institution for insufficient funds to pay the
check, may be offset from the pay of the dependent's
sponsor.''.
(c) Definitions.--Such section is further amended by adding
at the end the following:
``(e) Regulations prescribed under subsection (d) shall
include regulations that define the terms `dependent' and
`sponsor' for the purposes of this section. In the
regulations, the term `dependent', with respect to a member
of a uniformed service, shall have the meaning given that
term in section 401 of title 37.''.
SEC. 1091. DESIGNATION OF NATIONAL MARITIME CENTER.
(a) Designation of National Maritime Center.--The NAUTICUS
building, located at one Waterside Drive, Norfolk, Virginia,
shall be known and designated as the ``National Maritime
Center''.
(b) Reference to National Maritime Center.--Any reference
in a law, map, regulation, document, paper, or other record
of the United States to the building referred to in
subsection (a) shall be deemed to be a reference to the
``National Maritime Center''.
SEC. 1092. SENSE OF CONGRESS REGARDING HISTORIC PRESERVATION
OF MIDWAY ISLANDS.
(a) Findings.--Congress makes the following findings:
(1) September 2, 1995, marks the 50th anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces
inflicted such severe losses on the Imperial Japanese Navy
during the battle that the Imperial Japanese Navy never again
took the offensive against United States or allied forces.
(3) During the Battle of Midway, an outnumbered force of
the United States Navy, consisting of 29 ships and other
units of the Armed Forces under the command of Admiral Nimitz
and Admiral Spruance, out-maneuvered and out-fought 350 ships
of the Imperial Japanese Navy.
(4) It is in the public interest to erect a memorial to the
Battle of Midway that is suitable to express the enduring
gratitude of the American people for victory in the battle
and to inspire future generations of Americans with the
heroism and sacrifice of the members of the Armed Forces who
achieved that victory.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Midway Islands and the surrounding seas deserve to
be memorialized;
(2) the historic structures related to the Battle of Midway
should be maintained, in accordance with the National
Historic Preservation Act (16 U.S.C. 470-470t), and subject
to the availability of appropriations for that purpose.
(3) appropriate access to the Midway Islands by survivors
of the Battle of Midway, their families, and other visitors
should be provided in a manner that ensures the public health
and safety on the Midway Islands and the conservation of the
natural resources of those islands in accordance with
existing Federal law.
SEC. 1093. SENSE OF SENATE REGARDING FEDERAL SPENDING.
It is the sense of the Senate that in pursuit of a balanced
Federal budget, Congress should exercise fiscal restraint,
particularly in authorizing spending not requested by the
executive branch and in proposing new programs.
SEC. 1094. EXTENSION OF AUTHORITY FOR VESSEL WAR RISK
INSURANCE.
Section 1214 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1294), is amended by striking ``June 30, 1995'' and
inserting in lieu thereof ``June 30, 2000''.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Military Justice
Amendments of 1995''.
SEC. 1102. REFERENCES TO UNIFORM CODE OF MILITARY JUSTICE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).
Subtitle A--Offenses
SEC. 1111. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended--
(1) in the first sentence, by inserting ``indictment or''
after ``shall be tried on''; and
(2) in the second sentence, by striking out ``shall be''
and all that follows and inserting in lieu thereof ``shall be
fined or imprisoned, or both, at the court's discretion.''.
SEC. 1112. FLIGHT FROM APPREHENSION.
(a) In General.--Section 895 (article 95) is amended to
read as follows:
``Sec. 895. Art. 95. Resistance, flight, breach of arrest,
and escape
``Any person subject to this chapter who--
``(1) resists apprehension;
``(2) flees from apprehension;
``(3) breaks arrest; or
``(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The item relating to section 895
(article 95) in the table of sections at the beginning of
subchapter X is amended to read as follows:
``895. Art. 95. Resistance, flight, breach of arrest, and escape.''.
SEC. 1113. CARNAL KNOWLEDGE.
(a) Gender Neutrality.--Subsection (b) of section 920
(article 120) is amended to read as follows:
``(b) Any person subject to this chapter who, under
circumstances not amounting to rape, commits an act of sexual
intercourse with a person--
``(1) who is not that person's spouse; and
``(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a
court-martial may direct.''.
(b) Mistake of Fact.--Such section (article) is further
amended by adding at the end the following new subsection:
``(d)(1) In a prosecution under subsection (b), it is an
affirmative defense that--
``(A) the person with whom the accused committed the act of
sexual intercourse had at the time of the alleged offense
attained the age of twelve years; and
[[Page 138]]
``(B) the accused reasonably believed that that person had
at the time of the alleged offense attained the age of
sixteen years.
``(2) The accused has the burden of proving a defense under
paragraph (1) by a preponderance of the evidence.''.
Subtitle B--Sentences
SEC. 1121. EFFECTIVE DATE FOR FORFEITURES OF PAY AND
ALLOWANCES AND REDUCTIONS IN GRADE BY SENTENCE
OF COURT-MARTIAL.
(a) Effective Date of Specified Punishments.--Subsection
(a) of section 857 (article 57) is amended to read as
follows:
``(a)(1) Any forfeiture of pay or allowances or reduction
in grade that is included in a sentence of a court-martial
takes effect on the earlier of--
``(A) the date that is 14 days after the date on which the
sentence is adjudged; or
``(B) the date on which the sentence is approved by the
convening authority.
``(2) On application by an accused, the convening authority
may defer a forfeiture of pay or allowances or reduction in
grade that would otherwise become effective under paragraph
(1)(A) until the date on which the sentence is approved by
the convening authority. Such a deferment may be rescinded at
any time by the convening authority.
``(3) A forfeiture of pay or allowances shall be applicable
to pay and allowances accruing on and after the date on which
the sentence takes effect.
``(4) In this subsection, the term `convening authority',
with respect to a sentence of a court-martial, means any
person authorized to act on the sentence under section 860 of
this title (article 60).''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to a case in which a sentence is adjudged by a
court-martial on or after the first day of the first month
that begins at least 30 days after the date of the enactment
of this Act.
SEC. 1122. REQUIRED FORFEITURE OF PAY AND ALLOWANCES DURING
CONFINEMENT.
(a) Effect of Punitive Separation or Confinement for More
Than Six Months.--(1) Subchapter VIII is amended by inserting
after section 858a (article 58a) the following:
``Sec. 858b. Art. 58b. Sentences: forfeiture of pay and
allowances during confinement
``(a)(1) A court-martial sentence described in paragraph
(2) shall result in the forfeiture of pay and allowances due
that member during any period of confinement or parole. The
forfeiture pursuant to this section shall take effect on the
date determined under section 857(a) of this title (article
57(a)) and may be deferred as provided in that section. The
pay and allowances forfeited, in the case of a general court-
martial, shall be all pay and allowances due that member
during such period and, in the case of a special court-
martial, shall be two-thirds of all pay and allowances due
that member during such period.
``(2) A sentence covered by this section is any sentence
that includes--
``(A) confinement for more than six months or death; or
``(B) confinement for six months or less and a dishonorable
or bad-conduct discharge or dismissal.
``(b) In a case involving an accused who has dependents,
the convening authority or other person acting under section
860 of this title (article 60) may waive any or all of the
forfeitures of pay and allowances required by subsection (a)
for a period not to exceed six months. Any amount of pay or
allowances that, except for a waiver under this subsection,
would be forfeited shall be paid, as the convening authority
or other person taking action directs, to the dependents of
the accused.
``(c) If the sentence of a member who forfeits pay and
allowances under subsection (a) is set aside or disapproved
or, as finally approved, does not provide for a punishment
referred to in subsection (a)(2), the member shall be paid
the pay and allowances which the member would have been paid,
except for the forfeiture, for the period during which the
forfeiture was in effect.''.
(2) The table of sections at the beginning of subchapter
VIII is amended by adding at the end the following new item:
``858b. 58b. Sentences: forfeiture of pay and allowances during
confinement.''.
(b) Applicability.--The section (article) added by the
amendment made by subsection (a)(1) shall apply to a case in
which a sentence is adjudged by a court-martial on or after
the first day of the first month that begins at least 30 days
after the date of the enactment of this Act.
(c) Conforming Amendment.--(1) Section 804 of title 37,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 15 of
such title is amended by striking out the item relating to
section 804.
SEC. 1123. DEFERMENT OF CONFINEMENT.
(a) Deferment.--Subchapter VIII is amended--
(1) by inserting after subsection (c) of section 857
(article 57) the following:
``Sec. 857a. Art. 57a. Deferment of sentences'';
(2) by redesignating the succeeding two subsections as
subsection (a) and (b);
(3) in subsection (b), as redesignated by paragraph (2), by
striking out ``postpone'' and inserting in lieu thereof
``defer''; and
(4) by inserting after subsection (b), as redesignated by
paragraph (2), the following:
``(c) In any case in which a court-martial sentences a
person to confinement and the sentence to confinement has
been ordered executed, but in which review of the case under
section 867(a)(2) of this title (article 67(a)(2)) is
pending, the Secretary concerned may defer further service of
the sentence to confinement while that review is pending.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 857 (article 57) the following
new item:
``857a. 57a. Deferment of sentences.''.
Subtitle C--Pretrial and Post-Trial Actions
SEC. 1131. ARTICLE 32 INVESTIGATIONS.
Section 832 (article 32) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) If evidence adduced in an investigation under this
article indicates that the accused committed an uncharged
offense, the investigating officer may investigate the
subject matter of that offense without the accused having
first been charged with the offense if the accused--
``(1) is present at the investigation;
``(2) is informed of the nature of each uncharged offense
investigated; and
``(3) is afforded the opportunities for representation,
cross-examination, and presentation prescribed in subsection
(b).''.
SEC. 1132. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY
FOR CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) is amended by
inserting after the first sentence the following: ``Any such
submission shall be in writing.''.
SEC. 1133. COMMITMENT OF ACCUSED TO TREATMENT FACILITY BY
REASON OF LACK OF MENTAL CAPACITY OR MENTAL
RESPONSIBILITY.
(a) Applicable Procedures.--(1) Subchapter IX is amended by
inserting after section 876a (article 76a) the following:
``Sec. 876b. Art. 76b. Lack of mental capacity or mental
responsibility: commitment of accused for examination and
treatment
``(a) Persons Incompetent To Stand Trial.--(1) In the case
of a person determined under this chapter to be presently
suffering from a mental disease or defect rendering the
person mentally incompetent to the extent that the person is
unable to understand the nature of the proceedings against
that person or to conduct or cooperate intelligently in the
defense of the case, the general court-martial convening
authority for that person shall commit the person to the
custody of the Attorney General.
``(2) The Attorney General shall take action in accordance
with section 4241(d) of title 18.
``(3) If at the end of the period for hospitalization
provided for in section 4241(d) of title 18, it is determined
that the committed person's mental condition has not so
improved as to permit the trial to proceed, action shall be
taken in accordance with section 4246 of such title.
``(4)(A) When the director of a facility in which a person
is hospitalized pursuant to paragraph (2) determines that the
person has recovered to such an extent that the person is
able to understand the nature of the proceedings against the
person and to conduct or cooperate intelligently in the
defense of the case, the director shall promptly transmit a
notification of that determination to the Attorney General
and to the general court-martial convening authority for the
person. The director shall send a copy of the notification to
the person's counsel.
``(B) Upon receipt of a notification, the general court-
martial convening authority shall promptly take custody of
the person unless the person covered by the notification is
no longer subject to this chapter. If the person is no longer
subject to this chapter, the Attorney General shall take any
action within the authority of the Attorney General that the
Attorney General considers appropriate regarding the person.
``(C) The director of the facility may retain custody of
the person for not more than 30 days after transmitting the
notifications required by subparagraph (A).
``(5) In the application of section 4246 of title 18 to a
case under this subsection, references to the court that
ordered the commitment of a person, and to the clerk of such
court, shall be deemed to refer to the general court-martial
convening authority for that person. However, if the person
is no longer subject to this chapter at a time relevant to
the application of such section to the person, the United
States district court for the district where the person is
hospitalized or otherwise may be found shall be considered as
the court that ordered the commitment of the person.
``(b) Persons Found Not Guilty by Reason of Lack of Mental
Responsibility.--(1) If a person is found by a court-martial
not guilty only by reason of lack of mental responsibility,
the person shall be committed to a suitable facility until
the person is eligible for release in accordance with this
section.
``(2) The court-martial shall conduct a hearing on the
mental condition in accordance with subsection (c) of section
4243 of title 18. Subsections (b) and (d) of that section
shall apply with respect to the hearing.
``(3) A report of the results of the hearing shall be made
to the general court-martial convening authority for the
person.
``(4) If the court-martial fails to find by the standard
specified in subsection (d) of section 4243 of title 18 that
the person's release would not create a substantial risk of
bodily injury to another person or serious damage of property
of another due to a present mental disease or defect--
[[Page 139]]
``(A) the general court-martial convening authority may
commit the person to the custody of the Attorney General; and
``(B) the Attorney General shall take action in accordance
with subsection (e) of section 4243 of title 18.
``(5) Subsections (f), (g), and (h) of section 4243 of
title 18 shall apply in the case of a person hospitalized
pursuant to paragraph (4)(B), except that the United States
district court for the district where the person is
hospitalized shall be considered as the court that ordered
the person's commitment.
``(c) General Provisions.--(1) Except as otherwise provided
in this subsection and subsection (d)(1), the provisions of
section 4247 of title 18 apply in the administration of this
section.
``(2) In the application of section 4247(d) of title 18 to
hearings conducted by a court-martial under this section or
by (or by order of) a general court-martial convening
authority under this section, the reference in that section
to section 3006A of such title does not apply.
``(d) Applicability.--(1) The provisions of chapter 313 of
title 18 referred to in this section apply according to the
provisions of this section notwithstanding section 4247(j) of
title 18.
``(2) If the status of a person as described in section 802
of this title (article 2) terminates while the person is,
pursuant to this section, in the custody of the Attorney
General, hospitalized, or on conditional release under a
prescribed regimen of medical, psychiatric, or psychological
care or treatment, the provisions of this section
establishing requirements and procedures regarding a person
no longer subject to this chapter shall continue to apply to
that person notwithstanding the change of status.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 876a (article 76a) the following:
``876b. 76b. Lack of mental capacity or mental responsibility:
commitment of accused for examination and treatment.''.
(b) Conforming Amendment.--Section 802 (article 2) is
amended by adding at the end the following new subsection:
``(e) The provisions of this section are subject to section
876b(d)(2) of this title (article 76b(d)(2)).''.
(c) Effective Date.--Section 876b of title 10, United
States Code (article 76b of the Uniform Code of Military
Justice), as added by subsection (a), shall take effect at
the end of the six-month period beginning on the date of the
enactment of this Act and shall apply with respect to charges
referred to courts-martial after the end of that period.
Subtitle D--Appellate Matters
SEC. 1141. APPEALS BY THE UNITED STATES.
(a) Appeals Relating to Disclosure of Classified
Information.--Section 862(a)(1) (article 62(a)(1)) is amended
to read as follows:
``(a)(1) In a trial by court-martial in which a military
judge presides and in which a punitive discharge may be
adjudged, the United States may appeal the following (other
than an order or ruling that is, or that amounts to, a
finding of not guilty with respect to the charge or
specification):
``(A) An order or ruling of the military judge which
terminates the proceedings with respect to a charge or
specification.
``(B) An order or ruling which excludes evidence that is
substantial proof of a fact material in the proceeding.
``(C) An order or ruling which directs the disclosure of
classified information.
``(D) An order or ruling which imposes sanctions for
nondisclosure of classified information.
``(E) A refusal of the military judge to issue a protective
order sought by the United States to prevent the disclosure
of classified information.
``(F) A refusal by the military judge to enforce an order
described in subparagraph (E) that has previously been issued
by appropriate authority.''.
(b) Definitions.--Section 801 (article 1) is amended by
inserting after paragraph (14) the following new paragraphs:
``(15) The term `classified information' means (A) any
information or material that has been determined by an
official of the United States pursuant to law, an Executive
order, or regulation to require protection against
unauthorized disclosure for reasons of national security, and
(B) any restricted data, as defined in section 11(y) of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
``(16) The term `national security' means the national
defense and foreign relations of the United States.''.
SEC. 1142. REPEAL OF TERMINATION OF AUTHORITY FOR CHIEF
JUSTICE OF THE UNITED STATES TO DESIGNATE
ARTICLE III JUDGES FOR TEMPORARY SERVICE ON
COURT OF APPEALS FOR THE ARMED FORCES.
Subsection (i) of section 1301 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 10 U.S.C. 942 note) is repealed.
Subtitle E--Other Matters
SEC. 1151. ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION
OVER CIVILIANS ACCOMPANYING THE ARMED FORCES IN
TIME OF ARMED CONFLICT.
(a) Establishment.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of Defense and
the Attorney General shall jointly appoint an advisory
committee to review and make recommendations concerning the
appropriate forum for criminal jurisdiction over civilians
accompanying the Armed Forces in the field outside the United
States in time of armed conflict.
(b) Membership.--The committee shall be composed of at
least five individuals, including experts in military law,
international law, and Federal civilian criminal law. In
making appointments to the committee, the Secretary and the
Attorney General shall ensure that the members of the
committee reflect diverse experiences in the conduct of
prosecution and defense functions.
(c) Duties.--The committee shall do the following:
(1) Review historical experiences and current practices
concerning the use, training, discipline, and functions of
civilians accompanying the Armed Forces in the field.
(2) Based upon such review and other information available
to the committee, develop specific recommendations concerning
the advisability and feasibility of establishing United
States criminal law jurisdiction over persons who as
civilians accompany the Armed Forces in the field outside the
United States during time of armed conflict not involving a
war declared by Congress, including whether such jurisdiction
should be established through any of the following means (or
a combination of such means depending upon the degree of the
armed conflict involved):
(A) Establishing court-martial jurisdiction over such
persons.
(B) Extending the jurisdiction of the Article III courts to
cover such persons.
(C) Establishing an Article I court to exercise criminal
jurisdiction over such persons.
(3) Develop such additional recommendations as the
committee considers appropriate as a result of the review.
(d) Report.--(1) Not later than December 15, 1996, the
advisory committee shall transmit to the Secretary of Defense
and the Attorney General a report setting forth its findings
and recommendations, including the recommendations required
under subsection (c)(2).
(2) Not later than January 15, 1997, the Secretary of
Defense and the Attorney General shall jointly transmit the
report of the advisory committee to Congress. The Secretary
and the Attorney General may include in the transmittal any
joint comments on the report that they consider appropriate,
and either such official may include in the transmittal any
separate comments on the report that such official considers
appropriate.
(e) Definitions.--For purposes of this section:
(1) The term ``Article I court'' means a court established
under Article I of the Constitution.
(2) The term ``Article III court'' means a court
established under Article III of the Constitution.
(f) Termination of Committee.--The advisory committee shall
terminate 30 days after the date on which the report of the
committee is submitted to Congress under subsection (d)(2).
SEC. 1152. TIME AFTER ACCESSION FOR INITIAL INSTRUCTION IN
THE UNIFORM CODE OF MILITARY JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by
striking out ``within six days'' and inserting in lieu
thereof ``within fourteen days''.
SEC. 1153. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking out
``Courts of Military Review'' both places it appears and
inserting in lieu thereof ``Courts of Criminal Appeals''.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of nuclear, chemical,
and other weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear
weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and defense
contacts.
SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for
Cooperative Threat Reduction programs, not more than the
following amounts may be obligated for the purposes
specified:
(1) For elimination of strategic offensive weapons in
Russia, Ukraine, Belarus, and Kazakhstan, $90,000,000.
(2) For weapons security in Russia, $42,500,000.
(3) For the Defense Enterprise Fund, $0.
(4) For nuclear infrastructure elimination in Ukraine,
Belarus, and Kazakhstan, $35,000,000.
(5) For planning and design of a storage facility for
Russian fissile material, $29,000,000.
(6) For planning and design of a chemical weapons
destruction facility in Russia, $73,000,000.
(7) For activities designated as Defense and Military
Contacts/General Support/Training
[[Page 140]]
in Russia, Ukraine, Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/Support
$20,500,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to
do so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in
any of the paragraphs of subsection (a) in excess of the
amount specified for those purposes in that paragraph, but
not in excess of 115 percent of that amount. However, the
total amount obligated for the purposes stated in the
paragraphs in subsection (a) may not by reason of the use of
the authority provided in the preceding sentence exceed the
sum of the amounts specified in those
paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount
specified in that paragraph may be made using the authority
provided in paragraph (1) only after--
(A) the Secretary submits to Congress a notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(c) Reimbursement of Pay Accounts.--Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs may be
transferred to military personnel accounts for reimbursement
of those accounts for the amount of pay and allowances paid
to reserve component personnel for service while engaged in
any activity under a Cooperative Threat Reduction program.
SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING
EXERCISES AND RELATED ACTIVITIES WITH RUSSIA.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended for the purpose of
conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
DESTRUCTION.
Section 211 of Public Law 102-228 (22 U.S.C. 2551 note) is
amended by adding at the end the following new subsection:
``(c) As part of a transmission to Congress under
subsection (b) of a certification that a proposed recipient
of United States assistance under this title is committed to
carrying out the matters specified in each of paragraphs (1)
through (6) of that subsection, the President shall include a
statement setting forth, in unclassified form (together with
a classified annex if necessary), the determination of the
President, with respect to each such paragraph, as to whether
that proposed recipient is at that time in fact carrying out
the matter specified in that paragraph.''.
SEC. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Annual Requirement.--(1) Not less than 15 days before
any obligation of any funds appropriated for any fiscal year
for a program specified under section 1201 as a Cooperative
Threat Reduction program, the Secretary of Defense shall
submit to the congressional committees specified in paragraph
(2) a report on that proposed obligation for that program for
that fiscal year.
(2) The congressional committees referred to in paragraph
(1) are the following:
(A) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
(B) The Committee on National Security, the Committee on
International Relations, and the Committee on Appropriations
of the House of Representatives.
(b) Matters To Be Specified in Reports.--Each such report
shall specify--
(1) the activities and forms of assistance for which the
Secretary of Defense plans to obligate funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any department or
agency of the United States (in addition to the Department of
Defense) and of the private sector of the United States in
the activities and forms of assistance for which the
Secretary of Defense plans to obligate such funds.
SEC. 1206. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Report.--(1) The Secretary of Defense shall submit to
Congress an annual report on the efforts made by the United
States (including efforts through the use of audits,
examinations, and on-site inspections) to ensure that
assistance provided under Cooperative Threat Reduction
programs is fully accounted for and that such assistance is
being used for its intended purposes.
(2) A report shall be submitted under this section not
later than January 31 of each year until the Cooperative
Threat Reduction programs are completed.
(b) Information To Be Included.--Each report under this
section shall include the following:
(1) A list of cooperative threat reduction assistance that
has been provided before the date of the report.
(2) A description of the current location of the assistance
provided and the current condition of such assistance.
(3) A determination of whether the assistance has been used
for its intended purpose.
(4) A description of the activities planned to be carried
out during the next fiscal year to ensure that cooperative
threat reduction assistance provided during that fiscal year
is fully accounted for and is used for its intended purpose.
(c) Comptroller General Assessment.--Not later than 30 days
after the date on which a report of the Secretary under
subsection (a) is submitted to Congress, the Comptroller
General of the United States shall submit to Congress a
report giving the Comptroller General's assessment of the
report and making any recommendations that the Comptroller
General considers appropriate.
SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS
SCIENTISTS OF FORMER SOVIET UNION.
Amounts appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat
Reduction programs may not be obligated for any program
established primarily to assist nuclear weapons scientists in
states of the former Soviet Union until 30 days after the
date on which the Secretary of Defense certifies in writing
to Congress that the funds to be obligated will not be used
(1) to contribute to the modernization of the strategic
nuclear forces of such states, or (2) for research,
development, or production of weapons of mass destruction.
SEC. 1208. LIMITATION RELATING TO OFFENSIVE BIOLOGICAL
WARFARE PROGRAM OF RUSSIA.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for
Cooperative Threat Reduction programs that is available for
the purpose stated in section 1202(a)(6), $60,000,000 may not
be obligated or expended until the President submits to
Congress either a certification as provided in subsection (b)
or a certification as provided in subsection (c).
(b) Certification With Respect to Offensive Biological
Warfare Program of Russia.--A certification under this
subsection is a certification by the President of each of the
following:
(1) That Russia is in compliance with its obligations under
the Biological Weapons Convention.
(2) That Russia has agreed with the United States and the
United Kingdom on a common set of procedures to govern visits
by officials of the United States and United Kingdom to
military biological facilities of Russia, as called for under
the Joint Statement on Biological Weapons issued by officials
of the United States, the United Kingdom, and Russia on
September 14, 1992.
(3) That visits by officials of the United States and
United Kingdom to the four declared military biological
facilities of Russia have occurred.
(c) Alternative Certification.--A certification under this
subsection is a certification by the President that the
President is unable to make a certification under subsection
(b).
(d) Use of Funds Upon Alternative Certification.--If the
President makes a certification under subsection (c), the
$60,000,000 specified in subsection (a)--
(1) shall not be available for the purpose stated in
section 1202(a)(6); and
(2) shall be available for activities in Ukraine,
Kazakhstan, and Belarus--
(A) for the elimination of strategic offensive weapons (in
addition to the amount specified in section 1202(a)(1)); and
(B) for nuclear infrastructure elimination (in addition to
the amount specified in section 1202(a)(4)).
SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION FACILITY.
(a) Limitation.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for
Cooperative Threat Reduction programs that is available for
planning and design of a chemical weapons destruction
facility, not more than one-half of such amount may be
obligated or expended until the President certifies to
Congress the following:
(1) That the United States and Russia have completed a
joint laboratory study to determine the feasibility of an
appropriate technology for destruction of chemical weapons of
Russia.
(2) That Russia is making reasonable progress, with the
assistance of the United States (if necessary), toward the
completion of a comprehensive implementation plan for
managing and funding the dismantlement and destruction of
Russia's chemical weapons stockpile.
(3) That the United States and Russia have made substantial
progress toward resolution, to the satisfaction of the United
States, of outstanding compliance issues under the 1989
Wyoming Memorandum of Understanding and the 1990 Bilateral
Destruction Agreement.
(b) Definitions.--In this section:
(1) The term ``1989 Wyoming Memorandum of Understanding''
means the Memorandum of Understanding between the Government
of the United States of America and the Government of the
Union of Soviet Socialist Republics Regarding a Bilateral
Verification Experiment and Data Exchange Related to
Prohibition on Chemical Weapons, signed at Jackson Hole,
Wyoming, on September 23, 1989.
(2) The term ``1990 Bilateral Destruction Agreement'' means
the Agreement between the United States of America and the
Union of Soviet Socialist Republics on destruction and
nonproduction of chemical weapons and on measures to
facilitate the multilateral convention on banning chemical
weapons signed on June 1, 1990.
[[Page 141]]
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
SEC. 1301. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS
FOR UNITED STATES SHARE OF COSTS OF UNITED
NATIONS PEACEKEEPING ACTIVITIES.
(a) In General.--Chapter 20 of title 10, United States
Code, is amended by inserting after section 404, the
following new section:
``Sec. 405. Use of Department of Defense funds for United
States share of costs of United Nations peacekeeping
activities: limitation
``(a) Prohibition on Use of Funds.--Funds available to the
Department of Defense may not be used to make a financial
contribution (directly or through another department or
agency of the United States) to the United Nations--
``(1) for the costs of a United Nations peacekeeping
activity; or
``(2) for any United States arrearage to the United
Nations.
``(b) Application of Prohibition.--The prohibition in
subsection (a) applies to voluntary contributions, as well as
to contributions pursuant to assessment by the United Nations
for the United States share of the costs of a peacekeeping
activity.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
adding at the end the following new item:
``405. Use of Department of Defense funds for United States share of
costs of United Nations peacekeeping activities:
limitation.''.
Subtitle B--Humanitarian Assistance Programs
SEC. 1311. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
PROGRAMS.
(a) Covered Programs.--For purposes of section 301 and
other provisions of this Act, programs of the Department of
Defense designated as Overseas Humanitarian, Disaster, and
Civic Aid (OHDACA) programs are the programs provided by
sections 401, 402, 404, 2547, and 2551 of title 10, United
States Code.
(b) GAO Report.--Not later than March 1, 1996, the
Comptroller General of the United States shall provide to the
congressional defense committees a report on--
(1) existing funding mechanisms available to cover the
costs associated with the Overseas Humanitarian, Disaster,
and Civic Assistance activities through funds provided to the
Department of State or the Agency for International
Development, and
(2) if such mechanisms do not exist, actions necessary to
institute such mechanisms, including any changes in existing
law or regulations.
SEC. 1312. HUMANITARIAN ASSISTANCE.
Section 2551 of title 10, United States Code, is amended--
(1) by striking out subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b);
(3) by striking out subsection (e) and inserting in lieu
thereof the following:
``(c) Status Reports.--(1) The Secretary of Defense shall
submit to the congressional committees specified in
subsection (f) an annual report on the provision of
humanitarian assistance pursuant to this section for the
prior fiscal year. The report shall be submitted each year at
the time of the budget submission by the President for the
next fiscal year.
``(2) Each report required by paragraph (1) shall cover all
provisions of law that authorize appropriations for
humanitarian assistance to be available from the Department
of Defense for the purposes of this section.
``(3) Each report under this subsection shall set forth the
following information regarding activities during the
previous fiscal year:
``(A) The total amount of funds obligated for humanitarian
relief under this section.
``(B) The number of scheduled and completed transportation
missions for purposes of providing humanitarian assistance
under this section.
``(C) A description of any transfer of excess nonlethal
supplies of the Department of Defense made available for
humanitarian relief purposes under section 2547 of this
title. The description shall include the date of the
transfer, the entity to whom the transfer is made, and the
quantity of items transferred.'';
(4) by redesignating subsection (f) as subsection (d) and
in that subsection striking out ``the Committees on'' and all
that follows through ``House of Representatives of the'' and
inserting in lieu thereof ``the congressional committees
specified in subsection (f) and the Committees on
Appropriations of the Senate and House of Representatives of
the'';
(5) by redesignating subsection (g) as subsection (e); and
(6) by adding at the end the following new subsection:
``(f) Congressional Committees.--The congressional
committees referred to in subsections (c)(1) and (d) are the
following:
``(1) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
``(2) The Committee on National Security and the Committee
on International Relations of the House of
Representatives.''.
SEC. 1313. LANDMINE CLEARANCE PROGRAM.
(a) Inclusion in General Humanitarian Assistance Program.--
Subsection (e) of section 401 of title 10, United States
Code, is amended--
(1) by striking out ``means--'' and inserting in lieu
thereof ``means:'';
(2) by revising the first word in each of paragraphs (1)
through (4) so that the first letter of such word is upper
case;
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by adding at the end the following new paragraph:
``(5) Detection and clearance of landmines, including
activities relating to the furnishing of education, training,
and technical assistance with respect to the detection and
clearance of landmines.''.
(b) Limitation on Landmine Assistance by Members of Armed
Forces.--Subsection (a) of such section is amended by adding
at the end the following new paragraph:
``(4) The Secretary of Defense shall ensure that no member
of the Armed Forces, while providing assistance under this
section that is described in subsection (e)(5)--
``(A) engages in the physical detection, lifting, or
destroying of landmines (unless the member does so for the
concurrent purpose of supporting a United States military
operation); or
``(B) provides such assistance as part of a military
operation that does not involve the Armed Forces.''.
(c) Repeal.--Section 1413 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2913; 10 U.S.C. 401 note) is repealed.
Subtitle C--Arms Exports and Military Assistance
SEC. 1321. DEFENSE EXPORT LOAN GUARANTEES.
(a) Establishment of Program.--(1) Chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new subchapter:
``SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES
``Sec.
``2540. Establishment of loan guarantee program.
``2540a. Transferability.
``2540b. Limitations.
``2540c. Fees charged and collected.
``2540d. Definitions.
``Sec. 2540. Establishment of loan guarantee program
``(a) Establishment.--In order to meet the national
security objectives in section 2501(a) of this title, the
Secretary of Defense shall establish a program under which
the Secretary may issue guarantees assuring a lender against
losses of principal or interest, or both principal and
interest, arising out of the financing of the sale or long-
term lease of defense articles, defense services, or design
and construction services to a country referred to in
subsection (b).
``(b) Covered Countries.--The authority under subsection
(a) applies with respect to the following countries:
``(1) A member nation of the North Atlantic Treaty
Organization (NATO).
``(2) A country designated as of March 31, 1995, as a major
non-NATO ally pursuant to section 2350a(i)(3) of this title.
``(3) A country in Central Europe that, as determined by
the Secretary of State--
``(A) has changed its form of national government from a
nondemocratic form of government to a democratic form of
government since October 1, 1989; or
``(B) is in the process of changing its form of national
government from a nondemocratic form of government to a
democratic form of government.
``(4) A noncommunist country that was a member nation of
the Asia Pacific Economic Cooperation (APEC) as of October
31, 1993.
``(c) Authority Subject to Provisions of Appropriations.--
The Secretary may guarantee a loan under this subchapter only
to such extent or in such amounts as may be provided in
advance in appropriations Acts.
``Sec. 2540a. Transferability
``A guarantee issued under this subchapter shall be fully
and freely transferable.
``Sec. 2540b. Limitations
``(a) Terms and Conditions of Loan Guarantees.--In issuing
a guarantee under this subchapter for a medium-term or long-
term loan, the Secretary may not offer terms and conditions
more beneficial than those that would be provided to the
recipient by the Export-Import Bank of the United States
under similar circumstances in conjunction with the provision
of guarantees for nondefense articles and services.
``(b) Losses Arising From Fraud or Misrepresentation.--No
payment may be made under a guarantee issued under this
subchapter for a loss arising out of fraud or
misrepresentation for which the party seeking payment is
responsible.
``(c) No Right of Acceleration.--The Secretary of Defense
may not accelerate any guaranteed loan or increment, and may
not pay any amount, in respect of a guarantee issued under
this subchapter, other than in accordance with the original
payment terms of the loan.
``Sec. 2540c. Fees charged and collected
``(a) Exposure Fees.--The Secretary of Defense shall charge
a fee (known as `exposure fee') for each guarantee issued
under this subchapter.
``(b) Amount of Exposure Fee.--To the extent that the cost
of the loan guarantees under this subchapter is not otherwise
provided for in appropriations Acts, the fee imposed under
subsection (a) with respect to a loan guarantee shall be
fixed in an amount
[[Page 142]]
that is sufficient to meet potential liabilities of the
United States under the loan guarantee.
``(c) Payment Terms.--The fee under subsection (a) for each
guarantee shall become due as the guarantee is issued. In the
case of a guarantee for a loan which is disbursed
incrementally, and for which the guarantee is correspondingly
issued incrementally as portions of the loan are disbursed,
the fee shall be paid incrementally in proportion to the
amount of the guarantee that is issued.
``(d) Administrative Fees.--The Secretary of Defense shall
charge a fee for each guarantee issued under this subchapter
to reflect the additional administrative costs of the
Department of Defense that are directly attributable to the
administration of the program under this subchapter. Such
fees shall be credited to a special account in the Treasury.
Amounts in the special account shall be available, to the
extent and in amounts provided in appropriations Acts, for
paying the costs of administrative expenses of the Department
of Defense that are attributable to the loan guarantee
program under this subchapter.
``Sec. 2540d. Definitions
``In this subchapter:
``(1) The terms `defense article', `defense services', and
`design and construction services' have the meanings given
those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
``(2) The term `cost', with respect to a loan guarantee,
has the meaning given that term in section 502 of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 661a).''.
(2) The table of subchapters at the beginning of such
chapter is amended by adding at the end the following new
item:
``VI. Defense Export Loan Guarantees........................2540''.....
(b) Report.--Not later than two years after the date of the
enactment of this Act, the President shall submit to Congress
a report on the loan guarantee program established pursuant
to section 2540 of title 10, United States Code, as added by
subsection (a). The report shall include--
(1) an analysis of the costs and benefits of the loan
guarantee program; and
(2) any recommendations for modification of the program
that the President considers appropriate, including--
(A) any recommended addition to the list of countries for
which a guarantee may be issued under the program; and
(B) any proposed legislation necessary to authorize a
recommended modification.
(c) First Year Costs.--The Secretary of Defense shall make
available, from amounts appropriated to the Department of
Defense for fiscal year 1996 for operations and maintenance,
such amounts as may be necessary, not to exceed $500,000, for
the expenses of the Department of Defense during fiscal year
1996 that are directly attributable to the administration of
the defense export loan guarantee program under subchapter VI
of chapter 148 of title 10, United States Code, as added by
subsection (a).
(d) Replenishment of Operations and Maintenance Accounts
for First Year Costs.--The Secretary of Defense shall, using
funds in the special account referred to in section 2540c(d)
of title 10, United States Code (as added by subsection (b)),
replenish operations and maintenance accounts for amounts
expended from such accounts for expenses referred to in
subsection (c).
SEC. 1322. NATIONAL SECURITY IMPLICATIONS OF UNITED STATES
EXPORT CONTROL POLICY.
(a) Findings.--Congress makes the following findings:
(1) Export controls remain an important element of the
national security policy of the United States.
(2) It is in the national security interest that United
States export control policy be effective in preventing the
transfer, to potential adversaries or combatants of the
United States, of technology that threatens the national
security or defense of the United States.
(3) It is in the national security interest that the United
States monitor aggressively the export of militarily critical
technology in order to prevent its diversion to potential
adversaries or combatants of the United States.
(4) The Department of Defense relies increasingly on
commercial and dual-use technologies, products, and processes
to support United States military capabilities and economic
strength.
(5) The maintenance of the military advantage of the United
States depends on effective export controls on dual-use items
and technologies that are critical to the military
capabilities of the Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should evaluate license
applications for the export of militarily critical
commodities the export of which is controlled for national
security reasons if those commodities are to be exported to
certain countries of concern;
(2) the Secretary of Defense should identify the dual-use
items and technologies that are critical to the military
capabilities of the Armed Forces, including the military use
made of such items and technologies;
(3) upon identification by the Secretary of Defense of the
dual-use items and technologies referred to in paragraph (2),
the President should ensure effective export controls or use
unilateral export controls on dual-use items and technologies
that are critical to the military capabilities of the Armed
Forces (regardless of the availability of such items or
technologies overseas) with respect to the countries that--
(A) pose a threat to the national security interests of the
United States; and
(B) are not members in good standing of bilateral or
multilateral agreements to which the United States is a party
on the use of such items and technologies; and
(4) the President, upon recommendation of the Secretary of
Defense, should ensure effective controls on the re-export by
other countries of dual-use items and technologies that are
critical to the military capabilities of the Armed Forces.
(c) Annual Report.--(1) Not later than December 1 of each
year through 1999, the President shall submit to the
committees specified in paragraph (4) a report on the effect
of the export control policy of the United States on the
national security interests of the United States.
(2) The report shall include the following:
(A) A list setting forth each country determined by the
Secretary of Defense, the intelligence community, and other
appropriate agencies to be a rogue nation or potential
adversary or combatant of the United States.
(B) For each country so listed, a list of--
(i) the categories of items that the United States
currently prohibits for export to the country;
(ii) the categories of items that may be exported from the
United States with an individual license, and in such cases,
any licensing conditions normally required and the policy
grounds used for approvals and denials; and
(iii) the categories of items that may be exported under a
general license designated ``G-DEST''.
(C) For each category of items listed under subparagraph
(B)--
(i) a statement whether a prohibition, control, or
licensing requirement on a category of items is imposed
pursuant to an international multilateral agreement or is
unilateral;
(ii) a statement whether a prohibition, control, or
licensing requirement on a category of items is imposed by
the other members of an international agreement or is
unilateral;
(iii) when the answer under either clause (i) or clause
(ii) is unilateral, a statement concerning the efforts being
made to ensure that the prohibition, control, or licensing
requirement is made multilateral; and
(iv) a statement on what impact, if any, a unilateral
prohibition is having, or would have, on preventing the rogue
nation or potential adversary from attaining the items in
question for military purposes.
(D) A description of United States policy on sharing
satellite imagery that has military significance and a
discussion of the criteria for determining the imagery that
has that significance.
(E) A description of the relationship between United States
policy on the export of space launch vehicle technology and
the Missile Technology Control Regime.
(F) An assessment of United States efforts to support the
inclusion of additional countries in the Missile Technology
Control Regime.
(G) An assessment of the ongoing efforts made by potential
participant countries in the Missile Technology Control
Regime to meet the guidelines established by the Missile
Technology Control Regime.
(H) A discussion of the history of the space launch vehicle
programs of other countries, including a discussion of the
military origins and purposes of such programs and the
current level of military involvement in such programs.
(3) The President shall submit the report in unclassified
form, but may include a classified annex.
(4) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
(5) For purposes of this subsection, the term ``Missile
Technology Control Regime'' means the policy statement
announced on April 16, 1987, between the United States, the
United Kingdom, the Federal Republic of Germany, France,
Italy, Canada, and Japan to restrict sensitive missile-
relevant transfers based on the Missile Technology Control
Regime Annex, and any amendment thereto.
SEC. 1323. DEPARTMENT OF DEFENSE REVIEW OF EXPORT LICENSES
FOR CERTAIN BIOLOGICAL PATHOGENS.
(a) Department of Defense Review.--Any application to the
Secretary of Commerce for a license for the export of a class
2, class 3, or class 4 biological pathogen to a country
identified to the Secretary under subsection (c) as a country
that is known or suspected to have a biological weapons
program shall be referred to the Secretary of Defense for
review. The Secretary of Defense shall notify the Secretary
of Commerce within 15 days after receipt of an application
under the preceding sentence whether the export of such
biological pathogen pursuant to the license would be contrary
to the national security interests of the United States.
(b) Denial of License if Contrary to National Security
Interest.--A license described in subsection (a) shall be
denied by the Secretary of Commerce if it is determined that
the export of such biological
[[Page 143]]
pathogen to that country would be contrary to the national
security interests of the United States.
(c) Identification of Countries Known or Suspected To Have
a Program To Develop Offensive Biological Weapons.--(1) The
Secretary of Defense shall determine, for the purposes of
this section, those countries that are known or suspected to
have a program to develop offensive biological weapons. Upon
making such determination, the Secretary shall provide to the
Secretary of Commerce a list of those countries.
(2) The Secretary of Defense shall update the list under
paragraph (1) on a regular basis. Whenever a country is added
to or deleted from such list, the Secretary shall notify the
Secretary of Commerce.
(3) Determination under this subsection of countries that
are known or suspected to have a program to develop offensive
biological weapons shall be made in consultation with the
Secretary of State and the intelligence community.
(d) Definition.--For purposes of this section, the term
``class 2, class 3, or class 4 biological pathogen'' means
any biological pathogen that is characterized by the Centers
for Disease Control as a class 2, class 3, or class 4
biological pathogen.
SEC. 1324. ANNUAL REPORTS ON IMPROVING EXPORT CONTROL
MECHANISMS AND ON MILITARY ASSISTANCE.
(a) Joint Reports by Secretaries of State and Commerce.--
Not later than April 1 of each of 1996 and 1997, the
Secretary of State and the Secretary of Commerce shall submit
to Congress a joint report, prepared in consultation with the
Secretary of Defense, relating to United States export-
control mechanisms. Each such report shall set forth measures
to be taken to strengthen United States export-control
mechanisms, including--
(1) steps being taken by each Secretary (A) to share on a
regular basis the export licensing watchlist of that
Secretary's department with the other Secretary, and (B) to
incorporate the export licensing watchlist data received from
the other Secretary into the watchlist of that Secretary's
department;
(2) steps being taken by each Secretary to incorporate into
the watchlist of that Secretary's department similar data
from systems maintained by the Department of Defense and the
United States Customs Service; and
(3) a description of such further measures to be taken to
strengthen United States export-control mechanisms as the
Secretaries consider to be appropriate.
(b) Reports by Inspectors General.--(1) Not later than
April 1 of each of 1996 and 1997, the Inspector General of
the Department of State and the Inspector General of the
Department of Commerce shall each submit to Congress a report
providing that official's evaluation of the effectiveness
during the preceding year of the export licensing watchlist
screening process of that official's department. The reports
shall be submitted in both a classified and unclassified
version.
(2) Each report of an Inspector General under paragraph (1)
shall (with respect to that official's department)--
(A) set forth the number of export licenses granted to
parties on the export licensing watchlist;
(B) set forth the number of end-use checks performed with
respect to export licenses granted to parties on the export
licensing watchlist the previous year;
(C) assess the screening process used in granting an export
license when an applicant is on the export licensing
watchlist; and
(D) assess the extent to which the export licensing
watchlist contains all relevant information and parties
required by statute or regulation.
(c) Annual Military Assistance Report.--The Foreign
Assistance Act of 1961 is amended by inserting after section
654 (22 U.S.C. 2414) the following new section:
``SEC. 655. ANNUAL REPORT ON MILITARY ASSISTANCE, MILITARY
EXPORTS, AND MILITARY IMPORTS.
``(a) Report Required.--Not later than February 1 of each
of 1996 and 1997, the President shall transmit to Congress a
report concerning military assistance authorized or furnished
for the fiscal year ending the previous September 30.
``(b) Information Relating to Military Assistance and
Military Exports.--Each such report shall show the aggregate
dollar value and quantity of defense articles (including
excess defense articles) and defense services, and of
military education and training, authorized or furnished by
the United States to each foreign country and international
organization. The report shall specify, by category, whether
those articles and services, and that education and training,
were furnished by grant under chapter 2 or chapter 5 of part
II of this Act or by sale under chapter 2 of the Arms Export
Control Act or were authorized by commercial sale licensed
under section 38 of the Arms Export Control Act.
``(c) Information Relating to Military Imports.--Each such
report shall also include the total amount of military items
of non-United States manufacture that were imported into the
United States during the fiscal year covered by the report.
The report shall show the country of origin, the type of item
being imported, and the total amount of items.''.
SEC. 1325. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL OF
TRANSFER OF CERTAIN WEAPONS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Energy shall submit to the committees of Congress referred to
in subsection (c) of section 1154 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1761) the report required under subsection (a) of
that section. The Secretary of Defense and the Secretary of
Energy shall include with the report an explanation of the
failure of such Secretaries to submit the report in
accordance with such subsection (a) and with all other
previous requirements for the submittal of the report.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
SEC. 1331. ACCOUNTING FOR BURDENSHARING CONTRIBUTIONS.
(a) Authority To Manage Contributions in Local Currency,
Etc.--Subsection (b) of section 2350j of title 10, United
States Code, is amended to read as follows:
``(b) Accounting.--Contributions accepted under subsection
(a) which are not related to security assistance may be
accepted, managed, and expended in dollars or in the currency
of the host nation (or, in the case of a contribution from a
regional organization, in the currency in which the
contribution was provided). Any such contribution shall be
placed in an account established for such purpose and shall
remain available until expended for the purposes specified in
subsection (c). The Secretary of Defense shall establish a
separate account for such purpose for each country or
regional organization from which such contributions are
accepted under subsection (a).''.
(b) Conforming Amendment.--Subsection (d) of such section
is amended by striking out ``credited under subsection (b) to
an appropriation account of the Department of Defense'' and
inserting in lieu thereof ``placed in an account established
under subsection (b)''.
(c) Technical Amendment.--Such section is further amended--
(1) in subsection (e)(1), by striking out ``a report to the
congressional defense committees'' and inserting in lieu
thereof ``to the congressional committees specified in
subsection (g) a report''; and
(2) by adding at the end the following new subsection:
``(g) Congressional Committees.--The congressional
committees referred to in subsection (e)(1) are--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
SEC. 1332. AUTHORITY TO ACCEPT CONTRIBUTIONS FOR EXPENSES OF
RELOCATION WITHIN HOST NATION OF UNITED STATES
ARMED FORCES OVERSEAS.
(a) In General.--(1) Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2350k. Relocation within host nation of elements of
armed forces overseas
``(a) Authority To Accept Contributions.--The Secretary of
Defense may accept contributions from any nation because of
or in support of the relocation of elements of the armed
forces from or to any location within that nation. Such
contributions may be accepted in dollars or in the currency
of the host nation. Any such contribution shall be placed in
an account established for such purpose and shall remain
available until expended for the purposes specified in
subsection (b). The Secretary shall establish a separate
account for such purpose for each country from which such
contributions are accepted.
``(b) Use of Contributions.--The Secretary may use a
contribution accepted under subsection (a) only for payment
of costs incurred in connection with the relocation
concerning which the contribution was made. Those costs
include the following:
``(1) Design and construction services, including
development and review of statements of work, master plans
and designs, acquisition of construction, and supervision and
administration of contracts relating thereto.
``(2) Transportation and movement services, including
packing, unpacking, storage, and transportation.
``(3) Communications services, including installation and
deinstallation of communications equipment, transmission of
messages and data, and rental of transmission capability.
``(4) Supply and administration, including acquisition of
expendable office supplies, rental of office space, budgeting
and accounting services, auditing services, secretarial
services, and translation services.
``(5) Personnel costs, including salary, allowances and
overhead of employees whether full-time or part-time,
temporary or permanent (except for military personnel), and
travel and temporary duty costs.
``(6) All other clearly identifiable expenses directly
related to relocation.
``(c) Method of Contribution.--Contributions may be
accepted in any of the following forms:
``(1) Irrevocable letter of credit issued by a financial
institution acceptable to the Treasurer of the United States.
``(2) Drawing rights on a commercial bank account
established and funded by the host nation, which account is
blocked such that funds deposited cannot be withdrawn except
by or with the approval of the United States.
``(3) Cash, which shall be deposited in a separate trust
fund in the United States
[[Page 144]]
Treasury pending expenditure and which shall accrue interest
in accordance with section 9702 of title 31.
``(d) Annual Report to Congress.--Not later than 30 days
after the end of each fiscal year, the Secretary shall submit
to Congress a report specifying--
``(1) the amount of the contributions accepted by the
Secretary during the preceding fiscal year under subsection
(a) and the purposes for which the contributions were made;
and
``(2) the amount of the contributions expended by the
Secretary during the preceding fiscal year and the purposes
for which the contributions were expended.''.
(2) The table of sections at the beginning of subchapter II
of chapter 138 of such title is amended by adding at the end
the following new item:
``2350k. Relocation within host nation of elements of armed forces
overseas.''.
(b) Effective Date.--Section 2350k of title 10, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act and shall apply to
contributions for relocation of elements of the Armed Forces
in or to any nation received on or after such date.
SEC. 1333. REVISED GOAL FOR ALLIED SHARE OF COSTS FOR UNITED
STATES INSTALLATIONS IN EUROPE.
Section 1304(a) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2890) is
amended--
(1) by inserting ``(1)'' after ``so that''; and
(2) by inserting before the period at the end the
following: ``, and (2) by September 30, 1997, those nations
have assumed 42.5 percent of such costs''.
SEC. 1334. EXCLUSION OF CERTAIN FORCES FROM EUROPEAN END
STRENGTH LIMITATION.
(a) Exclusion of Members Performing Duties Under Military-
To-Military Contact Program.--Paragraph (3) of section
1002(c) of the Department of Defense Authorization Act, 1985
(22 U.S.C. 1928 note) is amended to read as follows:
``(3) For purposes of this subsection, the following
members of the Armed Forces are excluded in calculating the
end strength level of members of the Armed Forces of the
United States assigned to permanent duty ashore in European
member nations of NATO:
``(A) Members assigned to permanent duty ashore in Iceland,
Greenland, and the Azores.
``(B) Members performing duties in Europe for more than 179
days under a military-to-military contact program under
section 168 of title 10, United States Code.''.
SEC. 1335. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS
WITH NATO ORGANIZATIONS.
Section 2350b(e) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or a NATO
organization'' after ``a participant (other than the United
States)''; and
(2) in paragraph (2), by striking out ``a cooperative
project'' and inserting in lieu thereof ``such a cooperative
project or a NATO organization''.
SEC. 1336. SUPPORT SERVICES FOR THE NAVY AT THE PORT OF
HAIFA, ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should promptly seek to undertake
such actions as are necessary--
(1) to ensure that suitable port services are available to
the Navy at the Port of Haifa, Israel; and
(2) to ensure the availability to the Navy of suitable
services at that port in light of the continuing increase in
commercial activities at the port.
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to Congress a report on the availablity of port services for
the Navy in the eastern Mediterranean Sea region. The report
shall specify--
(1) the services required by the Navy when calling at the
port of Haifa, Israel; and
(2) the availability of those services at ports elsewhere
in the region.
Subtitle E--Other Matters
SEC. 1341. PROHIBITION ON FINANCIAL ASSISTANCE TO TERRORIST
COUNTRIES.
(a) Prohibition.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following:
``Sec. 2249a. Prohibition on providing financial assistance
to terrorist countries
``(a) Prohibition.--Funds available to the Department of
Defense may not be obligated or expended to provide financial
assistance to--
``(1) any country with respect to which the Secretary of
State has made a determination under section 6(j)(1)(A) of
the Export Administration Act of 1979 (50 App. 2405(j));
``(2) any country identified in the latest report submitted
to Congress under section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f), as providing significant support for international
terrorism; or
``(3) any other country that, as determined by the
President--
``(A) grants sanctuary from prosecution to any individual
or group that has committed an act of international
terrorism; or
``(B) otherwise supports international terrorism.
``(b) Waiver.--(1) The President may waive the application
of subsection (a) to a country if the President determines--
``(A) that it is in the national security interests of the
United States to do so; or
``(B) that the waiver should be granted for humanitarian
reasons.
``(2) The President shall--
``(A) notify the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on National Security and the Committee on
International Relations of the House of Representatives at
least 15 days before the waiver takes effect; and
``(B) publish a notice of the waiver in the Federal
Register.
``(c) Definition.--In this section, the term `international
terrorism' has the meaning given that term in section 140(d)
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f(d)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
adding at the end the following:
``2249a. Prohibition on providing financial assistance to terrorist
countries.''.
SEC. 1342. JUDICIAL ASSISTANCE TO THE INTERNATIONAL TRIBUNAL
FOR YUGOSLAVIA AND TO THE INTERNATIONAL
TRIBUNAL FOR RWANDA.
(a) Surrender of Persons.--
(1) Application of united states extradition laws.--Except
as provided in paragraphs (2) and (3), the provisions of
chapter 209 of title 18, United States Code, relating to the
extradition of persons to a foreign country pursuant to a
treaty or convention for extradition between the United
States and a foreign government, shall apply in the same
manner and extent to the surrender of persons, including
United States citizens, to--
(A) the International Tribunal for Yugoslavia, pursuant to
the Agreement Between the United States and the International
Tribunal for Yugoslavia; and
(B) the International Tribunal for Rwanda, pursuant to the
Agreement Between the United States and the International
Tribunal for Rwanda.
(2) Evidence on hearings.--For purposes of applying section
3190 of title 18, United States Code, in accordance with
paragraph (1), the certification referred to in that section
may be made by the principal diplomatic or consular officer
of the United States resident in such foreign countries where
the International Tribunal for Yugoslavia or the
International Tribunal for Rwanda may be permanently or
temporarily situated.
(3) Payment of fees and costs.--(A) The provisions of the
Agreement Between the United States and the International
Tribunal for Yugoslavia and of the Agreement Between the
United States and the International Tribunal for Rwanda shall
apply in lieu of the provisions of section 3195 of title 18,
United States Code, with respect to the payment of expenses
arising from the surrender by the United States of a person
to the International Tribunal for Yugoslavia or the
International Tribunal for Rwanda, respectively, or from any
proceedings in the United States relating to such surrender.
(B) The authority of subparagraph (A) may be exercised only
to the extent and in the amounts provided in advance in
appropriations Acts.
(4) Nonapplicability of the federal rules.--The Federal
Rules of Evidence and the Federal Rules of Criminal Procedure
do not apply to proceedings for the surrender of persons to
the International Tribunal for Yugoslavia or the
International Tribunal for Rwanda.
(b) Assistance to Foreign and International Tribunals and
to Litigants Before Such Tribunals.--Section 1782(a) of title
28, United States Code, is amended by inserting in the first
sentence after ``foreign or international tribunal'' the
following: ``, including criminal investigations conducted
before formal accusation''.
(c) Definitions.--For purposes of this section:
(1) International tribunal for yugoslavia.--The term
``International Tribunal for Yugoslavia'' means the
International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International
Humanitarian Law in the Territory of the Former Yugoslavia,
as established by United Nations Security Council Resolution
827 of May 25, 1993.
(2) International tribunal for rwanda.--The term
``International Tribunal for Rwanda'' means the International
Tribunal for the Prosecution of Persons Responsible for
Genocide and Other Serious Violations of International
Humanitarian Law Committed in the Territory of Rwanda and
Rwandan Citizens Responsible for Genocide and Other Such
Violations Committed in the Territory of Neighboring States,
as established by United Nations Security Council Resolution
955 of November 8, 1994.
(3) Agreement between the united states and the
international tribunal for yugoslavia.--The term ``Agreement
Between the United States and the International Tribunal for
Yugoslavia'' means the Agreement on Surrender of Persons
Between the Government of the United States and the
International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Law in
the Territory of the Former Yugoslavia, signed at The Hague,
October 5, 1994.
(4) Agreement between the united states and the
international tribunal for rwanda.--The term ``Agreement
between the United States and the International Tribunal for
Rwanda'' means the Agreement on Surrender of Persons Between
the Govern
[[Page 145]]
ment of the United States and the International Tribunal for
the Prosecution of Persons Responsible for Genocide and Other
Serious Violations of International Humanitarian Law
Committed in the Territory of Rwanda and Rwandan Citizens
Responsible for Genocide and Other Such Violations Committed
in the Territory of Neighboring States, signed at The Hague,
January 24, 1995.
SEC. 1343. SEMIANNUAL REPORTS CONCERNING UNITED STATES-
PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE
CONVERSION COMMISSION.
(a) Reports Required.--The Secretary of Defense shall
submit to Congress a semiannual report on the United States-
People's Republic of China Joint Defense Conversion
Commission. Each such report shall include the following:
(1) A description of the extent to which the activities
conducted in, through, or as a result of the Commission could
have directly or indirectly assisted, or may directly or
indirectly assist, the military modernization efforts of the
People's Republic of China.
(2) A discussion of the activities and operations of the
Commission, including--
(A) United States funding;
(B) a listing of participating United States officials;
(C) specification of meeting dates and locations
(prospective and retrospective);
(D) summary of discussions; and
(E) copies of any agreements reached.
(3) A discussion of the relationship between the ``defense
conversion'' activities of the People's Republic of China and
its defense modernization efforts.
(4) A discussion of the extent to which United States
business activities pursued, or proposed to be pursued, under
the imprimatur of the Commission, or the importation of
western technology in general, contributes to the
modernization of China's military industrial base, including
any steps taken by the United States or by United States
commercial entities to safeguard the technology or
intellectual property rights associated with any materials or
information transferred.
(5) An assessment of the benefits derived by the United
States from its participation in the Commission, including
whether or to what extent United States participation in the
Commission has resulted or will result in the following:
(A) Increased transparency in the current and projected
military budget and doctrine of the People's Republic of
China.
(B) Improved behavior and cooperation by the People's
Republic of China in the areas of missile and nuclear
proliferation.
(C) Increased transparency in the plans of the People's
Republic of China's for nuclear and missile force
modernization and testing.
(6) Efforts undertaken by the Secretary of Defense to--
(A) establish a list of enterprises controlled by the
People's Liberation Army, including those which have been
successfully converted to produce products solely for
civilian use; and
(B) provide estimates of the total revenues of those
enterprises.
(7) A description of current or proposed mechanisms for
improving the ability of the United States to track the flow
of revenues from the enterprises specified on the list
established under paragraph (6)(A).
(b) Submittal of Reports.--A report shall be submitted
under subsection (a) not later than August 1 of each year
with respect to the first six months of that year and shall
be submitted not later than February 1 of each year with
respect to the last six months of the preceding year. The
first report under such subsection shall be submitted not
less than 60 days after the date of the enactment of this Act
and shall apply with respect to the six-month period
preceding the date of the enactment of this Act.
(c) Final Report Upon Termination of Commission.--Upon the
termination of the United States-People's Republic of China
Joint Defense Conversion Commission, the Secretary of Defense
shall submit a final report under this section covering the
period from the end of the period covered by the last such
report through the termination of the Commission, and
subsection (a) shall cease to apply after the submission of
such report.
TITLE XIV--ARMS CONTROL MATTERS
SEC. 1401. REVISION OF DEFINITION OF LANDMINE FOR PURPOSES OF
LANDMINE EXPORT MORATORIUM.
Section 1423(d) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated, by striking
out ``by remote control or'';
(3) by inserting ``(1)'' before ``For purposes of''; and
(4) by adding at the end the following new paragraph:
``(2) The term does not include command detonated
antipersonnel land mines (such as the M18A1 `Claymore'
mine).''.
SEC. 1402. REPORTS ON MORATORIUM ON USE BY ARMED FORCES OF
ANTIPERSONNEL LANDMINES.
Not later than April 30 of each of 1996, 1997, and 1998,
the Chairman of the Joint Chiefs of Staff shall submit to the
congressional defense committees a report on the projected
effects of a moratorium on the defensive use of antipersonnel
mines and antitank mines by the Armed Forces. The report
shall include a discussion of the following matters:
(1) The extent to which current doctrine and practices of
the Armed Forces on the defensive use of antipersonnel mines
and antitank mines adhere to applicable international law.
(2) The effects that a moratorium would have on the
defensive use of the current United States inventory of
remotely delivered, self-destructing antitank systems,
antipersonnel mines, and antitank mines.
(3) The reliability of the self-destructing antipersonnel
mines and self-destructing antitank mines of the United
States.
(4) The cost of clearing the antipersonnel minefields
currently protecting Naval Station Guantanamo Bay, Cuba, and
other United States installations.
(5) The cost of replacing antipersonnel mines in such
minefields with substitute systems such as the Claymore mine,
and the level of protection that would be afforded by use of
such a substitute.
(6) The extent to which the defensive use of antipersonnel
mines and antitank mines by the Armed Forces is a source of
civilian casualties around the world, and the extent to which
the United States, and the Department of Defense
particularly, contributes to alleviating the illegal and
indiscriminate use of such munitions.
(7) The extent to which the threat to the security of
United States forces during operations other than war and
combat operations would increase as a result of such a
moratorium.
SEC. 1403. EXTENSION AND AMENDMENT OF COUNTER-PROLIFERATION
AUTHORITIES.
(a) One-Year Extension of Program.--Section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of
Public Law 102-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (a), by striking out ``during fiscal
years 1994 and 1995'';
(2) in subsection (e)(1), by striking out ``fiscal years
1994 and 1995'' and inserting in lieu thereof ``a fiscal year
during which the authority of the Secretary of Defense to
provide assistance under this section is in effect''; and
(3) by adding at the end the following new subsection:
``(f) Termination of Authority.--The authority of the
Secretary of Defense to provide assistance under this section
terminates at the close of fiscal year 1996.''.
(b) Program Authorities.--(1) Subsections (b)(2) and (d)(3)
of such section are amended by striking out ``the On-Site
Inspection Agency'' and inserting in lieu thereof ``the
Department of Defense''.
(2) Subsection (c)(3) of such section is amended by
striking out ``will be counted'' and all that follows and
inserting in lieu thereof ``will be counted as discretionary
spending in the national defense budget function (function
050).''.
(c) Amount of Assistance.--Subsection (d) of such section
is amended--
(1) in paragraph (1)--
(A) by striking out ``for fiscal year 1994'' the first
place it appears and all that follows through the period at
the end of the second sentence and inserting in lieu thereof
``for any fiscal year shall be derived from amounts made
available to the Department of Defense for that fiscal
year.''; and
(B) by striking out ``referred to in this paragraph''; and
(2) in paragraph (3)--
(A) by striking out ``may not exceed'' and all that follows
through ``1995''; and
(B) by inserting before the period at the end the
following: ``, may not exceed $25,000,000 for fiscal year
1994, $20,000,000 for fiscal year 1995, or $15,000,000 for
fiscal year 1996''.
SEC. 1404. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that,
unless and until the START II Treaty enters into force, the
Secretary of Defense should not take any action to retire or
dismantle, or to prepare to retire or dismantle, any of the
following strategic nuclear delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Limitation on Use of Funds.--Funds available to the
Department of Defense may not be obligated or expended during
fiscal year 1996 for retiring or dismantling, or for
preparing to retire or dismantle, any of the strategic
nuclear delivery systems specified in subsection (a).
SEC. 1405. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS
CONCERNING TREATY VIOLATIONS.
(a) Reaffirmation of Prior Findings Concerning the
Krasnoyarsk Radar.--Congress, noting its previous findings
with respect to the large phased-array radar of the Soviet
Union known as the ``Krasnoyarsk radar'' stated in paragraphs
(1) through (4) of section 902(a) of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (Public Law
100-180; 101 Stat. 1135) (and reaffirmed in section 1006(a)
of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189; 103 Stat. 1543)), hereby
reaffirms those findings as follows:
(1) The 1972 Anti-Ballistic Missile Treaty prohibits each
party from deploying ballistic missile early warning radars
except at locations along the periphery of its national
territory and oriented outward.
(2) The 1972 Anti-Ballistic Missile Treaty prohibits each
party from deploying an ABM
[[Page 146]]
system to defend its national territory and from providing a
base for any such nationwide defense.
(3) Large phased-array radars were recognized during
negotiation of the Anti-Ballistic Missile Treaty as the
critical long lead-time element of a nationwide defense
against ballistic missiles.
(4) In 1983 the United States discovered the construction,
in the interior of the Soviet Union near the town of
Krasnoyarsk, of a large phased-array radar that has
subsequently been judged to be for ballistic missile early
warning and tracking.
(b) Further Reference to 1987 Congressional Statements.--
Congress further notes that in section 902 of the National
Defense Authorization Act for Fiscal Years 1988 and 1989
(Public Law 100-180; 101 Stat. 1135) Congress also--
(1) noted that the President had certified that the
Krasnoyarsk radar was an unequivocal violation of the 1972
Anti-Ballistic Missile Treaty; and
(2) stated it to be the sense of the Congress that the
Soviet Union was in violation of its legal obligation under
that treaty.
(c) Further Reference to 1989 Congressional Statements.--
Congress further notes that in section 1006(b) of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1543) Congress also--
(1) again noted that in 1987 the President declared that
radar to be a clear violation of the 1972 Anti-Ballistic
Missile Treaty and noted that on October 23, 1989, the
Foreign Minister of the Soviet Union conceded that the
Krasnoyarsk radar is a violation of the 1972 Anti-Ballistic
Missile Treaty; and
(2) stated it to be the sense of the Congress that the
Soviet Union should dismantle the Krasnoyarsk radar
expeditiously and without conditions and that until such
radar was completely dismantled it would remain a clear
violation of the 1972 Anti-Ballistic Missile Treaty.
(d) Additional Findings.--Congress also finds, with respect
to the Krasnoyarsk radar, that retired Soviet General Y.V.
Votintsev, Director of the Soviet National Air Defense Forces
from 1967 to 1985, has publicly stated--
(1) that he was directed by the Chief of the Soviet General
staff to locate the large phased-array radar at Krasnoyarsk
despite the recognition by Soviet authorities that the
location of such a radar at that location would be a clear
violation of the 1972 Anti-Ballistic Missile Treaty; and
(2) that Marshal D.F. Ustinov, Soviet Minister of Defense,
threatened to relieve from duty any Soviet officer who
continued to object to the construction of a large-phased
array radar at Krasnoyarsk.
(e) Sense of Congress Concerning Soviet Treaty
Violations.--It is the sense of Congress that the government
of the Soviet Union intentionally violated its legal
obligations under the 1972 Anti-Ballistic Missile Treaty in
order to advance its national security interests.
(f) Sense of Congress Concerning Compliance by Russia With
Arms Control Obligations.--In light of subsections (a)
through (e), it is the sense of Congress that the United
States should remain vigilant in ensuring compliance by
Russia with its arms control obligations and should, when
pursuing future arms control agreements with Russia, bear in
mind violations of arms control obligations by the Soviet
Union.
SEC. 1406. SENSE OF CONGRESS ON RATIFICATION OF CHEMICAL
WEAPONS CONVENTION AND START II TREATY.
(a) Findings.--Congress makes the following findings:
(1) Proliferation of chemical or nuclear weapons materials
poses a danger to United States national security, and the
threat or use of such materials by terrorists would directly
threaten United States citizens at home and abroad.
(2) Events such as the March 1995 terrorist release of a
chemical nerve agent in the Tokyo subway, the threatened use
of chemical weapons during the 1991 Persian Gulf War, and the
widespread use of chemical weapons during the Iran-Iraq War
of the 1980's are all potent reminders of the menace posed by
chemical weapons, of the fact that the threat of chemical
weapons is not sufficiently addressed, and of the need to
outlaw the development, production, and possession of
chemical weapons.
(3) The Chemical Weapons Convention negotiated and signed
by President Bush would make it more difficult for would-be
proliferators, including terrorists, to acquire or use
chemical weapons, if ratified and fully implemented, as
signed, by all signatories.
(4) United States military authorities, including Chairman
of the Joint Chiefs of Staff General John Shalikashvili, have
stated that United States military forces will deter and
respond to chemical weapons threats with a robust chemical
defense and an overwhelming superior conventional response,
as demonstrated in the Persian Gulf War, and have testified
in support of the ratification of the Chemical Weapons
Convention.
(5) The United States intelligence community has testified
that the Convention will provide new and important sources of
information, through regular data exchanges and routine and
challenge inspections, to improve the ability of the United
States to assess the chemical weapons status in countries of
concern.
(6) The Convention has not entered into force for lack of
the requisite number of ratifications.
(7) Russia has signed the Convention, but has not yet
ratified it.
(8) There have been reports by Russian sources of continued
Russian production and testing of chemical weapons, including
a statement by a spokesman of the Russian Ministry of Defense
on December 5, 1994, that ``We cannot say that all chemical
weapons production and testing has stopped altogether.''.
(9) The Convention will impose a legally binding obligation
on Russia and other nations that possess chemical weapons and
that ratify the Convention to cease offensive chemical
weapons activities and to destroy their chemical weapons
stockpiles and production facilities.
(10) The United States must be prepared to exercise fully
its rights under the Convention, including the request of
challenge inspections when warranted, and to exercise
leadership in pursuing punitive measures against violators of
the Convention, when warranted.
(11) The United States should strongly encourage full
implementation at the earliest possible date of the terms and
conditions of the United States-Russia bilateral chemical
weapons destruction agreement signed in 1990.
(12) The START II Treaty negotiated and signed by President
Bush would help reduce the danger of potential proliferators,
including terrorists, acquiring nuclear warheads and
materials, and would contribute to United States-Russian
bilateral efforts to secure and dismantle nuclear warheads,
if ratified and fully implemented as signed by both parties.
(13) It is in the national security interest of the United
States to take effective steps to make it more difficult for
proliferators or would-be terrorists to obtain chemical or
nuclear materials for use in weapons.
(14) The President has urged prompt Senate action on, and
advice and consent to ratification of, the START II Treaty
and the Chemical Weapons Convention.
(15) The Chairman of the Joint Chiefs of Staff has
testified to Congress that ratification and full
implementation of both treaties by all parties is in the
United States national interest and has strongly urged prompt
Senate advice and consent to their ratification.
(b) Sense of Congress.--It is the sense of Congress that
the United States, Russia, and all other parties to the START
II Treaty and the Chemical Weapons Convention should promptly
ratify and fully implement, as negotiated, both treaties.
SEC. 1407. IMPLEMENTATION OF ARMS CONTROL AGREEMENTS.
(a) Funding.--Of the amounts appropriated pursuant to
authorizations in sections 102, 103, 104, 201, and 301, the
Secretary of Defense may use an amount not to exceed
$239,941,000 for implementing arms control agreements to
which the United States is a party.
(b) Limitation.--(1) Funds made available pursuant to
subsection (a) for the costs of implementing an arms control
agreement may not (except as provided in paragraph (2)) be
used to reimburse expenses incurred by any other party to the
agreement for which (without regard to any executive
agreement or any policy not part of an arms control
agreement)--
(A) the other party is responsible under the terms of the
arms control agreement; and
(B) the United States has no responsibility under the
agreement.
(2) The limitation in paragraph (1) does not apply to a use
of funds to carry out an arms control expenses reimbursement
policy of the United States described in subsection (c).
(c) Covered Arms Control Expenses Reimbursement Policies.--
Subsection (b)(2) applies to a policy of the United States to
reimburse expenses incurred by another party to an arms
control agreement if--
(1) the policy does not modify any obligation imposed by
the arms control agreement;
(2) the President--
(A) issued or approved the policy before the date of the
enactment of this Act; or
(B) entered into an agreement on the policy with the
government of another country or approved an agreement on the
policy entered into by an official of the United States and
the government of another country; and
(3) the President has notified the designated congressional
committees of the policy or the policy agreement (as the case
may be), in writing, at least 30 days before the date on
which the President issued or approved the policy or has
entered into or approved the policy agreement.
(d) Definitions.--For the purposes of this section:
(1) The term ``arms control agreement'' means an arms
control treaty or other form of international arms control
agreement.
(2) The term ``executive agreement'' means an international
agreement entered into by the President that is not
authorized by law or entered into as a Treaty to which the
Senate has given its advice and consent to ratification.
(3) The term ``designated congressional committees'' means
the following:
(A) The Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(B) The Committee on International Relations, the Committee
on National Security, and the Committee on Appropriations of
the House of Representatives.
SEC. 1408. IRAN AND IRAQ ARMS NONPROLIFERATION.
(a) Sanctions Against Transfers of Persons.--Section
1604(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992
(title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is
[[Page 147]]
amended by inserting ``to acquire chemical, biological, or
nuclear weapons or'' before ``to acquire''.
(b) Sanctions Against Transfers of Foreign Countries.--
Section 1605(a) of such Act is amended by inserting ``to
acquire chemical, biological, or nuclear weapons or'' before
``to acquire''.
(c) Clarification of United States Assistance.--
Subparagraph (A) of section 1608(7) of such Act is amended to
read as follows:
``(A) any assistance under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;''.
(d) Notification of Certain Waivers Under MTCR
Procedures.--Section 73(e)(2) of the Arms Export Control Act
(22 U.S.C. 2797b(e)(2)) is amended--
(1) by striking out ``the Congress'' and inserting in lieu
thereof ``the Committee on Armed Services and the Committee
on Foreign Relations of the Senate and the Committee on
National Security and the Committee on International
Relations of the House of Representatives''; and
(2) by striking out ``20 working days'' and inserting in
lieu thereof ``45 working days''.
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
SEC. 1501. AMENDMENTS RELATED TO RESERVE OFFICER PERSONNEL
MANAGEMENT ACT.
(a) Public Law 103-337.--The Reserve Officer Personnel
Management Act (title XVI of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337))
is amended as follows:
(1) Section 1624 (108 Stat. 2961) is amended--
(A) by striking out ``641'' and all that follows through
``(2)'' and inserting in lieu thereof ``620 is amended''; and
(B) by redesignating as subsection (d) the subsection added
by the amendment made by that section.
(2) Section 1625 (108 Stat. 2962) is amended by striking
out ``Section 689'' and inserting in lieu thereof ``Section
12320''.
(3) Section 1626(1) (108 Stat. 2962) is amended by striking
out ``(W-5)'' in the second quoted matter therein and
inserting in lieu thereof ``, W-5,''.
(4) Section 1627 (108 Stat. 2962) is amended by striking
out ``Section 1005(b)'' and inserting in lieu thereof
``Section 12645(b)''.
(5) Section 1631 (108 Stat. 2964) is amended--
(A) in subsection (a), by striking out ``Section 510'' and
inserting in lieu thereof ``Section 12102''; and
(B) in subsection (b), by striking out ``Section 591'' and
inserting in lieu thereof ``Section 12201''.
(6) Section 1632 (108 Stat. 2965) is amended by striking
out ``Section 593(a)'' and inserting in lieu thereof
``Section 12203(a)''.
(7) Section 1635(a) (108 Stat. 2968) is amended by striking
out ``section 1291'' and inserting in lieu thereof ``section
1691(b)''.
(8) Section 1671 (108 Stat. 3013) is amended--
(A) in subsection (b)(3), by striking out ``512, and 517''
and inserting in lieu thereof ``and 512''; and
(B) in subsection (c)(2), by striking out the comma after
``861'' in the first quoted matter therein.
(9) Section 1684(b) (108 Stat. 3024) is amended by striking
out ``section 14110(d)'' and inserting in lieu thereof
``section 14111(c)''.
(b) Subtitle E of Title 10.--Subtitle E of title 10, United
States Code, is amended as follows:
(1) The tables of chapters preceding part I and at the
beginning of part IV are amended by striking out
``Repayments'' in the item relating to chapter 1609 and
inserting in lieu thereof ``Repayment Programs''.
(2)(A) The heading for section 10103 is amended to read as
follows:
``Sec. 10103. Basic policy for order into Federal service''.
(B) The item relating to section 10103 in the table of
sections at the beginning of chapter 1003 is amended to read
as follows:
``10103. Basic policy for order into Federal service.''.
(3) The table of sections at the beginning of chapter 1005
is amended by striking out the third word in the item
relating to section 10142.
(4) The table of sections at the beginning of chapter 1007
is amended--
(A) by striking out the third word in the item relating to
section 10205; and
(B) by capitalizing the initial letter of the sixth word in
the item relating to section 10211.
(5) The table of sections at the beginning of chapter 1011
is amended by inserting ``Sec.'' at the top of the column of
section numbers.
(6) Section 10507 is amended--
(A) by striking out ``section 124402(b)'' and inserting in
lieu thereof ``section 12402(b)''; and
(B) by striking out ``Air Forces'' and inserting in lieu
thereof ``Air Force''.
(7)(A) Section 10508 is repealed.
(B) The table of sections at the beginning of chapter 1011
is amended by striking out the item relating to section
10508.
(8) Section 10542 is amended by striking out subsection
(d).
(9) Section 12004(a) is amended by striking out ``active-
status'' and inserting in lieu thereof ``active status''.
(10) Section 12012 is amended by inserting ``the'' in the
section heading before the penultimate word.
(11)(A) The heading for section 12201 is amended to read as
follows:
``Sec. 12201. Reserve officers: qualifications for
appointment''.
(B) The item relating to that section in the table of
sections at the beginning of chapter 1205 is amended to read
as follows:
``12201. Reserve officers: qualifications for appointment.''.
(12)(A) The heading for section 12209 is amended to read as
follows:
``Sec. 12209. Officer candidates: enlisted Reserves''.
(B) The heading for section 12210 is amended to read as
follows:
``Sec. 12210. Attending Physician to the Congress: reserve
grade while so serving''.
(13)(A) The headings for sections 12211, 12212, 12213, and
12214 are amended by inserting ``the'' after ``National Guard
of''
(B) The table of sections at the beginning of chapter 1205
is amended by inserting ``the'' in the items relating to
sections 12211, 12212, 12213, and 12214 after ``National
Guard of''.
(14) Section 12213(a) is amended by striking out ``section
593'' and inserting in lieu thereof ``section 12203''.
(15) The table of sections at the beginning of chapter 1207
is amended by striking out ``promotions'' in the item
relating to section 12243 and inserting in lieu thereof
``promotion''.
(16) The table of sections at the beginning of chapter 1209
is amended--
(A) in the item relating to section 12304, by striking out
the colon and inserting in lieu thereof a semicolon; and
(B) in the item relating to section 12308, by striking out
the second, third, and fourth words.
(17) Section 12307 is amended by striking out ``Ready
Reserve'' in the second sentence and inserting in lieu
thereof ``Retired Reserve''.
(18)(A) The table of sections at the beginning of chapter
1211 is amended by inserting ``the'' in the items relating to
sections 12401, 12402, 12403, and 12404 after ``Army and Air
National Guard of''.
(B) The headings for sections 12402, 12403, and 12404 are
amended by inserting ``the'' after ``Army and Air National
Guard of''
(19) Section 12407(b) is amended--
(A) by striking out ``of those jurisdictions'' and
inserting in lieu thereof ``State''; and
(B) by striking out ``jurisdictions'' and inserting in lieu
thereof ``States''.
(20) Section 12731(f) is amended by striking out ``the date
of the enactment of this subsection'' and inserting in lieu
thereof ``October 5, 1994,''.
(21) Section 12731a(c)(3) is amended by inserting a comma
after ``Defense Conversion''.
(22) Section 14003 is amended by inserting ``lists'' in the
section heading immediately before the colon.
(23) The table of sections at the beginning of chapter 1403
is amended by striking out ``selection board'' in the item
relating to section 14105 and inserting in lieu thereof
``promotion board''.
(24) The table of sections at the beginning of chapter 1405
is amended--
(A) in the item relating to section 14307, by striking out
``Numbers'' and inserting in lieu thereof ``Number'';
(B) in the item relating to section 14309, by striking out
the colon and inserting in lieu thereof a semicolon; and
(C) in the item relating to section 14314, by capitalizing
the initial letter of the antepenultimate word.
(25) Section 14315(a) is amended by striking out ``a
Reserve officer'' and inserting in lieu thereof ``a reserve
officer''.
(26) Section 14317(e) is amended--
(A) by inserting ``Officers Ordered to Active Duty in Time
of War or National Emergency.--'' after ``(e)''; and
(B) by striking out ``section 10213 or 644'' and inserting
in lieu thereof ``section 123 or 10213''.
(27) The table of sections at the beginning of chapter 1407
is amended--
(A) in the item relating to section 14506, by inserting
``reserve'' after ``Marine Corps and''; and
(B) in the item relating to section 14507, by inserting
``reserve'' after ``Removal from the''; and
(C) in the item relating to section 14509, by inserting
``in grades'' after ``reserve officers''.
(28) Section 14501(a) is amended by inserting ``Officers
Below the Grade of Colonel or Navy Captain.--'' after
``(a)''.
(29) The heading for section 14506 is amended by inserting
a comma after ``Air Force''.
(30) Section 14508 is amended by striking out ``this''
after ``from an active status under'' in subsections (c) and
(d).
(31) Section 14515 is amended by striking out ``inactive
status'' and inserting in lieu thereof ``inactive-status''.
(32) Section 14903(b) is amended by striking out
``chapter'' and inserting in lieu thereof ``title''.
(33) The table of sections at the beginning of chapter 1606
is amended in the item relating to section 16133 by striking
out ``limitations'' and inserting in lieu thereof
``limitation''.
(34) Section 16132(c) is amended by striking out
``section'' and inserting in lieu thereof ``sections''.
(35) Section 16135(b)(1)(A) is amended by striking out
``section 2131(a)'' and inserting in lieu thereof ``section
16131(a)''.
(36) Section 18236(b)(1) is amended by striking out
``section 2233(e)'' and inserting in lieu thereof ``section
18233(e)''.
[[Page 148]]
(37) Section 18237 is amended--
(A) in subsection (a), by striking out ``section
2233(a)(1)'' and inserting in lieu thereof ``section
18233(a)(1)''; and
(B) in subsection (b), by striking out ``section 2233(a)''
and inserting in lieu thereof ``section 18233(a)''.
(c) Other Provisions of Title 10.--Effective as of December
1, 1994 (except as otherwise expressly provided), and as if
included as amendments made by the Reserve Officer Personnel
Management Act (title XVI of Public Law 103-360) as
originally enacted, title 10, United States Code, is amended
as follows:
(1) Section 101(d)(6)(B)(i) is amended by striking out
``section 175'' and inserting in lieu thereof ``section
10301''.
(2) Section 114(b) is amended by striking out ``chapter
133'' and inserting in lieu thereof ``chapter 1803''.
(3) Section 115(d) is amended--
(A) in paragraph (1), by striking out ``section 673'' and
inserting in lieu thereof ``section 12302'';
(B) in paragraph (2), by striking out ``section 673b'' and
inserting in lieu thereof ``section 12304''; and
(C) in paragraph (3), by striking out ``section 3500 or
8500'' and inserting in lieu thereof ``section 12406''.
(4) Section 123(a) is amended--
(A) by striking out ``281, 592, 1002, 1005, 1006, 1007,
1374, 3217, 3218, 3219, 3220, 3352(a) (last sentence),'',
``5414, 5457, 5458, 5506,'', and ``8217, 8218, 8219,''; and
(B) by striking out ``and 8855'' and inserting in lieu
thereof ``8855, 10214, 12003, 12004, 12005, 12007, 12202,
12213(a) (second sentence), 12642, 12645, 12646, 12647,
12771, 12772, and 12773''.
(5) Section 582(1) is amended by striking out ``section
672(d)'' in subparagraph (B) and ``section 673b'' in
subparagraph (D) and inserting in lieu thereof ``section
12301(d)'' and ``section 12304'', respectively.
(6) Section 641(1)(B) is amended by striking out ``10501''
and inserting in lieu thereof ``10502, 10505, 10506(a),
10506(b), 10507''.
(7) The table of sections at the beginning of chapter 39 is
amended by striking out the items relating to sections 687
and 690.
(8) Sections 1053(a)(1) and 1064 are amended by striking
out ``chapter 67'' and inserting in lieu thereof ``chapter
1223''.
(9) Section 1063(a)(1) is amended by striking out ``section
1332(a)(2)'' and inserting in lieu thereof ``section
12732(a)(2)''.
(10) Section 1074b(b)(2) is amended by striking out
``section 673c'' and inserting in lieu thereof ``section
12305''.
(11) Section 1076(b)(2)(A) is amended by striking out
``before the effective date of the Reserve Officer Personnel
Management Act'' and inserting in lieu thereof ``before
December 1, 1994''.
(12) Section 1176(b) is amended by striking out ``section
1332'' in the matter preceding paragraph (1) and in
paragraphs (1) and (2) and inserting in lieu thereof
``section 12732''.
(13) Section 1208(b) is amended by striking out ``section
1333'' and inserting in lieu thereof ``section 12733''.
(14) Section 1209 is amended by striking out ``section
1332'', ``section 1335'', and ``chapter 71'' and inserting in
lieu thereof ``section 12732'', ``section 12735'', and
``section 12739'', respectively.
(15) Section 1407 is amended--
(A) in subsection (c)(1) and (d)(1), by striking out
``section 1331'' and inserting in lieu thereof ``section
12731''; and
(B) in the heading for paragraph (1) of subsection (d), by
striking out ``chapter 67'' and inserting in lieu thereof
``chapter 1223''.
(16) Section 1408(a)(5) is amended by striking out
``section 1331'' and inserting in lieu thereof ``section
12731''.
(17) Section 1431(a)(1) is amended by striking out
``section 1376(a)'' and inserting in lieu thereof ``section
12774(a)''.
(18) Section 1463(a)(2) is amended by striking out
``chapter 67'' and inserting in lieu thereof ``chapter
1223''.
(19) Section 1482(f)(2) is amended by inserting ``section''
before ``12731 of this title''.
(20) The table of sections at the beginning of chapter 533
is amended by striking out the item relating to section 5454.
(21) Section 2006(b)(1) is amended by striking out
``chapter 106 of this title'' and inserting in lieu thereof
``chapter 1606 of this title''.
(22) Section 2121(c) is amended by striking out ``section
3353, 5600, or 8353'' and inserting in lieu thereof ``section
12207'', effective on the effective date specified in section
1691(b)(1) of Public Law 103-337.
(23) Section 2130a(b)(3) is amended by striking out
``section 591'' and inserting in lieu thereof ``section
12201''.
(24) The table of sections at the beginning of chapter 337
is amended by striking out the items relating to section 3351
and 3352.
(25) Sections 3850, 6389(c), 6391(c), and 8850 are amended
by striking out ``section 1332'' and inserting in lieu
thereof ``section 12732''.
(26) Section 5600 is repealed, effective on the effective
date specified in section 1691(b)(1) of Public Law 103-337.
(27) Section 5892 is amended by striking out ``section 5457
or section 5458'' and inserting in lieu thereof ``section
12004 or section 12005''.
(28) Section 6410(a) is amended by striking out ``section
1005'' and inserting in lieu thereof ``section 12645''.
(29) The table of sections at the beginning of chapter 837
is amended by striking out the items relating to section 8351
and 8352.
(30) Section 8360(b) is amended by striking out ``section
1002'' and inserting in lieu thereof ``section 12642''.
(31) Section 8380 is amended by striking out ``section
524'' in subsections (a) and (b) and inserting in lieu
thereof ``section 12011''.
(32) Sections 8819(a), 8846(a), and 8846(b) are amended by
striking out ``sections 1005 and 1006'' and inserting in lieu
thereof ``sections 12645 and 12646''.
(33) Section 8819 is amended by striking out ``section
1005'' and ``section 1006'' and inserting in lieu thereof
``section 12645'' and ``section 12646'', respectively.
(d) Cross References in Other Defense Laws.--
(1) Section 337(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2717)
is amended by inserting before the period at the end the
following: ``or who after November 30, 1994, transferred to
the Retired Reserve under section 10154(2) of title 10,
United States Code, without having completed the years of
service required under section 12731(a)(2) of such title for
eligibility for retired pay under chapter 1223 of such
title''.
(2) Section 525 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190, 105 Stat.
1363) is amended by striking out ``section 690'' and
inserting in lieu thereof ``section 12321''.
(3) Subtitle B of title XLIV of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
10 U.S.C. 12681 note) is amended--
(A) in section 4415, by striking out ``section 1331a'' and
inserting in lieu thereof ``section 12731a'';
(B) in subsection 4416--
(i) in subsection (a), by striking out ``section 1331'' and
inserting in lieu thereof ``section 12731'';
(ii) in subsection (b)--
(I) by inserting ``or section 12732'' in paragraph (1)
after ``under that section''; and
(II) by inserting ``or 12731(a)'' in paragraph (2) after
``section 1331(a)'';
(iii) in subsection (e)(2), by striking out ``section
1332'' and inserting in lieu thereof ``section 12732''; and
(iv) in subsection (g), by striking out ``section 1331a''
and inserting in lieu thereof ``section 12731a''; and
(C) in section 4418--
(i) in subsection (a), by striking out ``section 1332'' and
inserting in lieu thereof ``section 12732''; and
(ii) in subsection (b)(1)(A), by striking out ``section
1333'' and inserting in lieu thereof ``section 12733''.
(4) Title 37, United States Code, is amended--
(A) in section 302f(b), by striking out ``section 673c of
title 10'' in paragraphs (2) and (3)(A) and inserting in lieu
thereof ``section 12305 of title 10''; and
(B) in section 433(a), by striking out ``section 687 of
title 10'' and inserting in lieu thereof ``section 12319 of
title 10''.
(e) Cross References in Other Laws.--
(1) Title 14, United States Code, is amended--
(A) in section 705(f), by striking out ``600 of title 10''
and inserting in lieu thereof ``12209 of title 10''; and
(B) in section 741(c), by striking out ``section 1006 of
title 10'' and inserting in lieu thereof ``section 12646 of
title 10''.
(2) Title 38, United States Code, is amended--
(A) in section 3011(d)(3), by striking out ``section 672,
673, 673b, 674, or 675 of title 10'' and inserting in lieu
thereof ``section 12301, 12302, 12304, 12306, or 12307 of
title 10'';
(B) in sections 3012(b)(1)(B)(iii) and 3701(b)(5)(B), by
striking out ``section 268(b) of title 10'' and inserting in
lieu thereof ``section 10143(a) of title 10'';
(C) in section 3501(a)(3)(C), by striking out ``section
511(d) of title 10'' and inserting in lieu thereof ``section
12103(d) of title 10''; and
(D) in section 4211(4)(C), by striking out ``section
672(a), (d), or (g), 673, or 673b of title 10'' and inserting
in lieu thereof ``section 12301(a), (d), or (g), 12302, or
12304 of title 10''.
(3) Section 702(a)(1) of the Soldiers' and Sailors' Civil
Relief Act of 1940 (50 U.S.C. App. 592(a)(1)) is amended--
(A) by striking out ``section 672 (a) or (g), 673, 673b,
674, 675, or 688 of title 10'' and inserting in lieu thereof
``section 688, 12301(a), 12301(g), 12302, 12304, 12306, or
12307 of title 10''; and
(B) by striking out ``section 672(d) of such title'' and
inserting in lieu thereof ``section 12301(d) of such title''.
(4) Section 463A of the Higher Education Act of 1965 (20
U.S.C. 1087cc-1) is amended in subsection (a)(10) by striking
out ``(10 U.S.C. 2172)'' and inserting in lieu thereof ``(10
U.S.C. 16302)''.
(5) Section 179 of the National and Community Service Act
of 1990 (42 U.S.C. 12639) is amended in subsection (a)(2)(C)
by striking out ``section 216(a) of title 5'' and inserting
in lieu thereof ``section 10101 of title 10''.
(f) Effective Dates.--
(1) Section 1636 of the Reserve Officer Personnel
Management Act shall take effect on the date of the enactment
of this Act.
(2) The amendments made by sections 1672(a), 1673(a) (with
respect to chapters 541 and 549), 1673(b)(2), 1673(b)(4),
1674(a), and 1674(b)(7) shall take effect on the effective
date specified in section 1691(b)(1) of the Reserve Officer
Personnel Management Act (notwithstanding section 1691(a) of
such Act).
(3) The amendments made by this section shall take effect
as if included in the Reserve Officer Personnel Management
Act as enacted on October 5, 1994.
[[Page 149]]
SEC. 1502. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON
ARMED SERVICES OF THE HOUSE OF REPRESENTATIVES.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Sections 503(b)(5), 520a(d), 526(d)(1), 619a(h)(2),
806a(b), 838(b)(7), 946(c)(1)(A), 1098(b)(2), 2313(b)(4),
2361(c)(1), 2371(h), 2391(c), 2430(b), 2432(b)(3)(B),
2432(c)(2), 2432(h)(1), 2667(d)(3), 2672a(b), 2687(b)(1),
4342(g), 7307(b)(1)(A), and 9342(g) are amended by striking
out ``Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(2) Sections 178(c)(1)(A), 942(e)(5), 2350f(c), 7426(e),
7431(a), 7431(b)(1), 7431(c), 7438(b), 12302(b), 18235(a),
and 18236(a) are amended by striking out ``Committees on
Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(3) Section 113(j)(1) is amended by striking out
``Committees on Armed Services and Committees on
Appropriations of the Senate and'' and inserting in lieu
thereof ``Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the''.
(4) Section 119(g) is amended by striking out paragraphs
(1) and (2) and inserting in lieu thereof the following:
``(1) the Committee on Armed Services and the Committee on
Appropriations, and the Defense Subcommittee of the Committee
on Appropriations, of the Senate; and
``(2) the Committee on National Security and the Committee
on Appropriations, and the National Security Subcommittee of
the Committee on Appropriations, of the House of
Representatives.''.
(5) Section 127(c) is amended by striking out ``Committees
on Armed Services and Appropriations of the Senate and'' and
inserting in lieu thereof ``Committee on Armed Services and
the Committee on Appropriations of the Senate and the
Committee on National Security and the Committee on
Appropriations of''.
(6) Section 135(e) is amended--
(A) by inserting ``(1)'' after ``(e)'';
(B) by striking out ``the Committees on Armed Services and
the Committees on Appropriations of the Senate and House of
Representatives are each'' and inserting in lieu thereof
``each congressional committee specified in paragraph (2)
is''; and
(C) by adding at the end the following:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(7) Section 179(e) is amended by striking out ``to the
Committees on Armed Services and Appropriations of the Senate
and'' and inserting in lieu thereof ``to the Committee on
Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the
Committee on Appropriations of the''.
(8) Sections 401(d) and 402(d) are amended by striking out
``submit to the'' and all that follows through ``Foreign
Affairs'' and inserting in lieu thereof ``submit to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on National
Security and the Committee on International Relations''.
(9) Section 2367(d)(2) is amended by striking out ``the
Committees on Armed Services and the Committees on
Appropriations of the Senate and'' and inserting in lieu
thereof ``the Committee on Armed Services and the Committee
on Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the''.
(10) Sections 2306b(g), 2801(c)(4), and 18233a(a)(1) are
amended by striking out ``the Committees on Armed Services
and on Appropriations of the Senate and'' and inserting in
lieu thereof ``the Committee on Armed Services and the
Committee on Appropriations of the Senate and the Committee
on National Security and the Committee on Appropriations of
the''.
(11) Section 1599(e)(2) is amended--
(A) in subparagraph (A), by striking out ``The Committees
on Armed Services and Appropriations'' and inserting in lieu
thereof ``The Committee on National Security, the Committee
on Appropriations,''; and
(B) in subparagraph (B), by striking out ``The Committees
on Armed Services and Appropriations'' and inserting in lieu
thereof ``The Committee on Armed Services, the Committee on
Appropriations,''.
(12) Sections 4355(a)(3), 6968(a)(3), and 9355(a)(3) are
amended by striking out ``Armed Services'' and inserting in
lieu thereof ``National Security''.
(13) Section 1060(d) is amended by striking out ``Committee
on Armed Services and the Committee on Foreign Affairs'' and
inserting in lieu thereof ``Committee on National Security
and the Committee on International Relations''.
(14) Section 2215 is amended--
(A) by inserting ``(a) Certification Required.--'' at the
beginning of the text of the section;
(B) by striking out ``to the Committees'' and all that
follows through ``House of Representatives'' and inserting in
lieu thereof ``to the congressional committees specified in
subsection (b)''; and
(C) by adding at the end the following:
``(b) Congressional Committees.--The committees referred to
in subsection (a) are--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(15) Section 2218 is amended--
(A) in subsection (j), by striking out ``the Committees on
Armed Services and on Appropriations of the Senate and the
House of Representatives'' and inserting in lieu thereof
``the congressional defense committees''; and
(B) by adding at the end of subsection (k) the following
new paragraph:
``(4) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(16) Section 2342(b) is amended--
(A) in the matter preceding paragraph (1), by striking out
``section--'' and inserting in lieu thereof ``section
unless--'';
(B) in paragraph (1), by striking out ``unless''; and
(C) in paragraph (2), by striking out ``notifies the'' and
all that follows through ``House of Representatives'' and
inserting in lieu thereof ``the Secretary submits to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on National
Security and the Committee on International Relations of the
House of Representatives notice of the intended
designation''.
(17) Section 2350a(f)(2) is amended by striking out
``submit to the Committees'' and all that follows through
``House of Representatives'' and inserting in lieu thereof
``submit to the Committee on Armed Services and the Committee
on Foreign Relations of the Senate and the Committee on
National Security and the Committee on International
Relations of the House of Representatives''.
(18) Section 2366 is amended--
(A) in subsection (d), by striking out ``the Committees on
Armed Services and on Appropriations of the Senate and House
of Representatives'' and inserting in lieu thereof ``the
congressional defense committees''; and
(B) by adding at the end of subsection (e) the following
new paragraph:
``(7) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(19) Section 2399(h)(2) is amended by striking out
``means'' and all the follows and inserting in lieu thereof
the following: ``means--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(20) Section 2401(b)(1) is amended--
(A) in subparagraph (B), by striking out ``the Committees
on Armed Services and on Appropriations of the Senate and''
and inserting in lieu thereof ``the Committee on Armed
Services and the Committee on Appropriations of the Senate
and the Committee on National Security and the Committees on
Appropriations of the''; and
(B) in subparagraph (C), by striking out ``the Committees
on Armed Services and on Appropriations of the Senate and
House of Representatives'' and inserting in lieu thereof
``those committees''.
(21) Section 2403(e) is amended--
(A) by inserting ``(1)'' before ``Before making'';
(B) by striking out ``shall notify the Committees on Armed
Services and on Appropriations of the Senate and House of
Representatives'' and inserting in lieu thereof ``shall
submit to the congressional committees specified in paragraph
(2) notice''; and
(C) by adding at the end the following new paragraph:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(22) Section 2515(d) is amended--
(A) by striking out ``Reporting'' and all that follows
through ``same time'' and inserting in lieu thereof ``Annual
Report.--(1) The Secretary of Defense shall submit to the
congressional committees specified in paragraph (2) an annual
report on the activities of the Office. The report shall be
submitted each year at the same time''; and
(B) by adding at the end the following new paragraph:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
[[Page 150]]
(23) Section 2662 is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking out
``the Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives''; and
(ii) in the matter following paragraph (6), by striking out
``to be submitted to the Committees on Armed Services of the
Senate and House of Representatives'';
(B) in subsection (b), by striking out ``shall report
annually to the Committees on Armed Services of the Senate
and the House of Representatives'' and inserting in lieu
thereof ``shall submit annually to the congressional
committees named in subsection (a) a report'';
(C) in subsection (e), by striking out ``the Committees on
Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof ``the
congressional committees named in subsection (a)''; and
(D) in subsection (f), by striking out ``the Committees on
Armed Services of the Senate and the House of Representatives
shall'' and inserting in lieu thereof ``the congressional
committees named in subsection (a) shall''.
(24) Section 2674(a) is amended--
(A) in paragraph (2), by striking out ``Committees on Armed
Services of the Senate and the House of Representatives, the
Committee on Environment and Public Works of the Senate, and
the Committee on Public Works and Transportation of the House
of Representatives'' and inserting in lieu thereof
``congressional committees specified in paragraph (3)''; and
(B) by adding at the end the following new paragraph:
``(3) The committees referred to in paragraph (2) are--
``(A) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate; and
``(B) the Committee on National Security and the Committee
on Transportation and Infrastructure of the House of
Representatives.''.
(25) Section 2813(c) is amended by striking out
``Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives''
and inserting in lieu thereof ``appropriate committees of
Congress''.
(26) Sections 2825(b)(1) and 2832(b)(2) are amended by
striking out ``Committees on Armed Services and the
Committees on Appropriations of the Senate and of the House
of Representatives'' and inserting in lieu thereof
``appropriate committees of Congress''.
(27) Section 2865(e)(2) and 2866(c)(2) are amended by
striking out ``Committees on Armed Services and
Appropriations of the Senate and House of Representatives''
and inserting in lieu thereof ``appropriate committees of
Congress''.
(28)(A) Section 7434 of such title is amended to read as
follows:
``Sec. 7434. Annual report to congressional committees
``Not later than October 31 of each year, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the production from the naval
petroleum reserves during the preceding calendar year.''.
(B) The item relating to such section in the table of
contents at the beginning of chapter 641 is amended to read
as follows:
``7434. Annual report to congressional committees.''.
(b) Title 37, United States Code.--Sections 301b(i)(2) and
406(i) of title 37, United States Code, are amended by
striking out ``Committees on Armed Services of the Senate and
House of Representatives'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives''.
(c) Annual Defense Authorization Acts.--
(1) The National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160) is amended in sections 2922(b) and
2925(b) (10 U.S.C. 2687 note) by striking out ``Committees on
Armed Services of the Senate and House of Representatives''
and inserting in lieu thereof ``Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives''.
(2) The National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484) is amended--
(A) in section 326(a)(5) (10 U.S.C. 2301 note) and section
1304(a) (10 U.S.C. 113 note), by striking out ``Com- mittees
on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives''; and
(B) in section 1505(e)(2)(B) (22 U.S.C. 5859a), by striking
out ``the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Committee on Energy and Commerce'' and inserting in lieu
thereof ``the Committee on National Security, the Committee
on Appropriations, the Committee on International Relations,
and the Committee on Commerce''.
(3) Section 1097(a)(1) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 22 U.S.C. 2751 note) is amended by striking out
``the Committees on Armed Services and Foreign Affairs'' and
inserting in lieu thereof ``the Committee on National
Security and the Committee on International Relations''.
(4) The National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510) is amended as follows:
(A) Section 402(a) and section 1208(b)(3) (10 U.S.C. 1701
note) are amended by striking out ``Committees on Armed
Services of the Senate and the House of Representatives'' and
inserting in lieu thereof ``Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives''.
(B) Section 1403 (50 U.S.C. 404b) is amended--
(i) in subsection (a), by striking out ``the Committees
on'' and all that follows through ``each year'' and inserting
in lieu thereof ``the congressional committees specified in
subsection (d) each year''; and
(ii) by adding at the end the following new subsection:
``(d) Specified Congressional Committees.--The
congressional committees referred to in subsection (a) are
the following:
``(1) The Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate.
``(2) The Committee on National Security, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.''.
(C) Section 1457 (50 U.S.C. 404c) is amended--
(i) in subsection (a), by striking out ``shall submit to
the'' and all that follows through ``each year'' and
inserting in lieu thereof ``shall submit to the congressional
committees specified in subsection (d) each year'';
(ii) in subsection (c)--
(I) by striking out ``(1) Except as provided in paragraph
(2), the President'' and inserting in lieu thereof ``The
President''; and
(II) by striking out paragraph (2); and
(iii) by adding at the end the following new subsection:
``(d) Specified Congressional Committees.--The
congressional committees referred to in subsection (a) are
the following:
``(1) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
``(2) The Committee on National Security and the Committee
on International Relations of the House of
Representatives.''.
(D) Section 2921 (10 U.S.C. 2687 note) is amended--
(i) in subsection (e)(3)(A), by striking out ``the
Committee on Armed Services, the Committee on Appropriations,
and the Defense Subcommittees'' and inserting in lieu thereof
``the Committee on National Security, the Committee on
Appropriations, and the National Security Subcommittee''; and
(ii) in subsection (g)(2), by striking out ``the Committee
on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives''.
(5) Section 613(h)(1) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 37 U.S.C. 302
note), is amended by striking out ``the Committees on Armed
Services of the Senate and the House of Representatives'' and
inserting in lieu thereof ``the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives''.
(6) Section 1412 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 50 U.S.C. 1521), is amended in
subsections (b)(4) and (k)(2), by striking out ``Committees
on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(7) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
note), is amended by striking out ``the Committees on Armed
Services of the Senate and the House of Representatives'' and
inserting in lieu thereof ``the Committee on Armed Services
of the Senate, the Committee on National Security of the
House of Representatives''.
(8) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d), is amended--
(A) in subsection (d), by striking out ``Committees on
Appropriations and on Armed Services of the Senate and the
House of Representatives'' and inserting in lieu thereof
``Committee on Appropriations and the Committee on Armed
Services of the Senate and the Committee on Appropriations
and the Committee on National Security of the House of
Representatives''; and
(B) in subsection (e), by striking out ``Committees on
Appropriations and on Armed Services of the Senate and the
House of Representatives'' and inserting in lieu thereof
``congressional committees specified in subsection (d)''.
(d) Base Closure Law.--The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended as follows:
(1) Sections 2902(e)(2)(B)(ii) and 2908(b) are amended by
striking out ``Armed Services'' the first place it appears
and inserting in lieu thereof ``National Security''.
(2) Section 2910(2) is amended by striking out ``the
Committees on Armed Services and the Committees on
Appropriations of the Senate and of the House of
Representatives''
[[Page 151]]
and inserting in lieu thereof ``the Committee on Armed
Services and the Committee on Appropriations of the Senate
and the Committee on National Security and the Committee on
Appropriations of the House of Representatives''.
(e) National Defense Stockpile.--The Strategic and Critical
Materials Stock Piling Act is amended--
(1) in section 6(d) (50 U.S.C. 98e(d))--
(A) in paragraph (1), by striking out ``Committees on Armed
Services of the Senate and House of Representatives'' and
inserting in lieu thereof ``Committee on Armed Services of
the Senate and the Committee on National Security of the
House of Representatives''; and
(B) in paragraph (2), by striking out ``the Committees on
Armed Services of the Senate and House of Representatives''
and inserting in lieu thereof ``such congressional
committees''; and
(2) in section 7(b) (50 U.S.C. 98f(b)), by striking out
``Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(f) Other Defense-Related Provisions.--
(1) Section 8125(g)(2) of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 10 U.S.C. 113
note), is amended by striking out ``Committees on
Appropriations and Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee
on Appropriations and the Committee on Armed Services of the
Senate and the Committee on Appropriations and the Committee
on National Security of the House of Representatives''.
(2) Section 9047A of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2687
note), is amended by striking out ``the Committees on
Appropriations and Armed Services of the House of
Representatives and the Senate'' and inserting in lieu
thereof ``the Committee on Appropriations and the Committee
on Armed Services of the Senate and the Committee on
Appropriations and the Committee on National Security of the
House of Representatives''.
(3) Section 3059(c)(1) of the Defense Drug Interdiction
Assistance Act (subtitle A of title III of Public Law 99-570;
10 U.S.C. 9441 note) is amended by striking out ``Committees
on Appropriations and on Armed Services of the Senate and the
House of Representatives'' and inserting in lieu thereof
``Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the House of
Representatives''.
(4) Section 7606(b) of the Anti-Drug Abuse Act of 1988
(Public Law 100-690; 10 U.S.C. 9441 note) is amended by
striking out ``Committees on Appropriations and the Committee
on Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the
Committee on Appropriations of the House of
Representatives''.
(5) Section 104(d)(5) of the National Security Act of 1947
(50 U.S.C. 403-4(d)(5)) is amended by striking out
``Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(6) Section 8 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (b)(3), by striking out ``Committees on
Armed Services and Government Operations'' and inserting in
lieu thereof ``Committee on National Security and the
Committee on Government Reform and Oversight'';
(B) in subsection (b)(4), by striking out ``Committees on
Armed Services and Governmental Affairs of the Senate and the
Committees on Armed Services and Government Operations of the
House of Representatives'' and inserting in lieu thereof
``congressional committees specified in paragraph (3)'';
(C) in subsection (f)(1), by striking out ``Committees on
Armed Services and Government Operations'' and inserting in
lieu thereof ``Committee on National Security and the
Committee on Government Reform and Oversight''; and
(D) in subsection (f)(2), by striking out ``Committees on
Armed Services and Governmental Affairs of the Senate and the
Committees on Armed Services and Government Operations of the
House of Representatives'' and inserting in lieu thereof
``congressional committees specified in paragraph (1)''.
(7) Section 204(h)(3) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(3)) is
amended by striking out ``Committees on Armed Services of the
Senate and of the House of Representatives'' and inserting in
lieu thereof ``Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives''.
SEC. 1503. MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED
STATES CODE.
(a) Subtitle A.--Subtitle A of title 10, United States
Code, is amended as follows:
(1) Section 113(i)(2)(B) is amended by striking out ``the
five years covered'' and all that follows through ``section
114(g)'' and inserting in lieu thereof ``the period covered
by the future-years defense program submitted to Congress
during that year pursuant to section 221''.
(2) Section 136(c) is amended by striking out
``Comptroller'' and inserting in lieu thereof ``Under
Secretary of Defense (Comptroller)''.
(3) Section 526 is amended--
(A) in subsection (a), by striking out paragraphs (1), (2),
and (3) and inserting in lieu thereof the following:
``(1) For the Army, 302.
``(2) For the Navy, 216.
``(3) For the Air Force, 279.'';
(B) by striking out subsection (b);
(C) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d);
(D) in subsection (b), as so redesignated, by striking out
``that are applicable on and after October 1, 1995''; and
(E) in paragraph (2)(B) of subsection (c), as redesignated
by subparagraph (C), is amended--
(i) by striking out ``the'' after ``in the'';
(ii) by inserting ``to'' after ``reserve component, or'';
and
(iii) by inserting ``than'' after ``in a grade other''.
(4) Section 528(a) is amended by striking out ``after
September 30, 1995,''.
(5) Section 573(a)(2) is amended by striking out ``active
duty list'' and inserting in lieu thereof ``active-duty
list''.
(6) Section 661(d)(2) is amended--
(A) in subparagraph (B), by striking out ``Until January 1,
1994'' and all that follows through ``each position so
designated'' and inserting in lieu thereof ``Each position
designated by the Secretary under subparagraph (A)'';
(B) in subparagraph (C), by striking out ``the second
sentence of''; and
(C) by striking out subparagraph (D).
(7) Section 706(c)(1) is amended by striking out ``section
4301 of title 38'' and inserting in lieu thereof ``chapter 43
of title 38''.
(8) Section 1059 is amended by striking out ``subsection
(j)'' in subsections (c)(2) and (g)(3) and inserting in lieu
thereof ``subsection (k)''.
(9) Section 1060a(f)(2)(B) is amended by striking out ``(as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)))'' and inserting in
lieu thereof ``, as determined in accordance with the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)''.
(10) Section 1151 is amended--
(A) in subsection (b), by striking out ``(20 U.S.C. 2701 et
seq.)'' in paragraphs (2)(A) and (3)(A) and inserting in lieu
thereof ``(20 U.S.C. 6301 et seq.)''; and
(B) in subsection (e)(1)(B), by striking out ``not later
than one year after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1995'' and
inserting in lieu thereof ``not later than October 5, 1995''.
(11) Section 1152(g)(2) is amended by striking out ``not
later than 180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1995'' and
inserting in lieu thereof ``not later than April 3, 1994,''.
(12) Section 1177(b)(2) is amended by striking out
``provison of law'' and inserting in lieu thereof ``provision
of law''.
(13) The heading for chapter 67 is amended by striking out
``NONREGULAR'' and inserting in lieu thereof ``NON-REGULAR''.
(14) Section 1598(a)(2)(A) is amended by striking out
``2701'' and inserting in lieu thereof ``6301''.
(15) Section 1745(a) is amended by striking out ``section
4107(d)'' both places it appears and inserting in lieu
thereof ``section 4107(b)''.
(16) Section 1746(a) is amended--
(A) by striking out ``(1)'' before ``The Secretary of
Defense''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(17) Section 2006(b)(2)(B)(ii) is amended by striking out
``section 1412 of such title'' and inserting in lieu thereof
``section 3012 of such title''.
(18) Section 2011(a) is amended by striking out ``to'' and
inserting in lieu thereof ``To''.
(19) Section 2194(e) is amended by striking out ``(20
U.S.C. 2891(12))'' and inserting in lieu thereof ``(20 U.S.C.
8801)''.
(20) Sections 2217(b) and 2220(a)(2) are amended by
striking out ``Comptroller of the Department of Defense'' and
inserting in lieu thereof ``Under Secretary of Defense
(Comptroller)''.
(21) Section 2401(c)(2) is amended by striking out
``pursuant to'' and all that follows through ``September 24,
1983,''.
(22) Section 2410f(b) is amended by striking out ``For
purposes of'' and inserting in lieu thereof ``In''.
(23) Section 2410j(a)(2)(A) is amended by striking out
``2701'' and inserting in lieu thereof ``6301''.
(24) Section 2457(e) is amended by striking out ``title III
of the Act of March 3, 1933 (41 U.S.C. 10a),'' and inserting
in lieu thereof ``the Buy American Act (41 U.S.C. 10a)''.
(25) Section 2465(b)(3) is amended by striking out ``under
contract'' and all that follows through the period and
inserting in lieu thereof ``under contract on September 24,
1983.''.
(26) Section 2471(b) is amended--
(A) in paragraph (2), by inserting ``by'' after ``as
determined''; and
(B) in paragraph (3), by inserting ``of'' after ``arising
out''.
(27) Section 2524(e)(4)(B) is amended by inserting a comma
before ``with respect to''.
(28) The heading of section 2525 is amended by capitalizing
the initial letter of the second, fourth, and fifth words.
(29) Chapter 152 is amended by striking out the table of
subchapters at the beginning and the headings for subchapters
I and II.
[[Page 152]]
(30) Section 2534(c) is amended by capitalizing the initial
letter of the third and fourth words of the subsection
heading.
(31) The table of sections at the beginning of subchapter I
of chapter 169 is amended by adding a period at the end of
the item relating to section 2811.
(b) Other Subtitles.--Subtitles B, C, and D of title 10,
United States Code, are amended as follows:
(1) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are
amended by striking out ``Comptroller of the Department of
Defense'' and inserting in lieu thereof ``Under Secretary of
Defense (Comptroller)''.
(2) Section 6241 is amended by inserting ``or'' at the end
of paragraph (2).
(3) Section 6333(a) is amended by striking out the first
period after ``section 1405'' in formula C in the table under
the column designated ``Column 2''.
(4) The item relating to section 7428 in the table of
sections at the beginning of chapter 641 is amended by
striking out ``Agreement'' and inserting in lieu thereof
``Agreements''.
(5) The item relating to section 7577 in the table of
sections at the beginning of chapter 649 is amended by
striking out ``Officers'' and inserting in lieu thereof
``officers''.
(6) The center heading for part IV in the table of chapters
at the beginning of subtitle D is amended by inserting a
comma after ``SUPPLY''.
SEC. 1504. MISCELLANEOUS AMENDMENTS TO ANNUAL DEFENSE
AUTHORIZATION ACTS.
(a) Public Law 103-337.--Effective as of October 5, 1994,
and as if included therein as enacted, the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337)
is amended as follows:
(1) Section 322(1) (108 Stat. 2711) is amended by striking
out ``Service'' in both sets of quoted matter and inserting
in lieu thereof ``Services''.
(2) Section 531(g)(2) (108 Stat. 2758) is amended by
inserting ``item relating to section 1034 in the'' after
``The''.
(3) Section 541(c)(1) is amended--
(A) in subparagraph (B), by inserting a comma after ``chief
warrant officer''; and
(B) in the matter after subparagraph (C), by striking out
``this''.
(4) Section 721(f)(2) (108 Stat. 2806) is amended by
striking out ``revaluated'' and inserting in lieu thereof
``reevaluated''.
(5) Section 722(d)(2) (108 Stat. 2808) is amended by
striking out ``National Academy of Science'' and inserting in
lieu thereof ``National Academy of Sciences''.
(6) Section 904(d) (108 Stat. 2827) is amended by striking
out ``subsection (c)'' the first place it appears and
inserting in lieu thereof ``subsection (b)''.
(7) Section 1202 (108 Stat. 2882) is amended--
(A) by striking out ``(title XII of Public Law 103-60'' and
inserting in lieu thereof ``(title XII of Public Law 103-
160''; and
(B) in paragraph (2), by inserting ``in the first
sentence'' before ``and inserting in lieu thereof''.
(8) Section 1312(a)(2) (108 Stat. 2894) is amended by
striking out ``adding at the end'' and inserting in lieu
thereof ``inserting after the item relating to section
123a''.
(9) Section 2813(c) (108 Stat. 3055) is amended by striking
out ``above paragraph (1)'' both places it appears and
inserting in lieu thereof ``preceding subparagraph (A)''.
(b) Public Law 103-160.--The National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160) is amended in
section 1603(d) (22 U.S.C. 2751 note)--
(1) in the matter preceding paragraph (1), by striking out
the second comma after ``Not later than April 30 of each
year'';
(2) in paragraph (4), by striking out ``contributes'' and
inserting in lieu thereof ``contribute''; and
(3) in paragraph (5), by striking out ``is'' and inserting
in lieu thereof ``are''.
(c) Public Law 102-484.--The National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484) is amended as
follows:
(1) Section 326(a)(5) (106 Stat. 2370; 10 U.S.C. 2301 note)
is amended by inserting ``report'' after ``each''.
(2) Section 3163(1)(E) is amended by striking out
``paragraphs (1) through (4)'' and inserting in lieu thereof
``subparagraphs (A) through (D)''.
(3) Section 4403(a) (10 U.S.C. 1293 note) is amended by
striking out ``through 1995'' and inserting in lieu thereof
``through fiscal year 1999''.
(d) Public Law 102-190.--Section 1097(d) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1490) is amended by striking
out ``the Federal Republic of Germany, France'' and inserting
in lieu thereof ``France, Germany''.
SEC. 1505. MISCELLANEOUS AMENDMENTS TO OTHER LAWS.
(a) Officer Personnel Act of 1947.--Section 437 of the
Officer Personnel Act of 1947 is repealed.
(b) Title 5, United States Code.--Title 5, United States
Code, is amended--
(1) in section 8171--
(A) in subsection (a), by striking out ``903(3)'' and
inserting in lieu thereof ``903(a)'';
(B) in subsection (c)(1), by inserting ``section'' before
``39(b)''; and
(C) in subsection (d), by striking out ``(33 U.S.C. 18 and
21, respectively)'' and inserting in lieu thereof ``(33
U.S.C. 918 and 921)'';
(2) in sections 8172 and 8173, by striking out ``(33 U.S.C.
2(2))'' and inserting in lieu thereof ``(33 U.S.C. 902(2))'';
and
(3) in section 8339(d)(7), by striking out ``Court of
Military Appeals'' and inserting in lieu thereof ``Court of
Appeals for the Armed Forces''.
(c) Public Law 90-485.--Effective as of August 13, 1968,
and as if included therein as originally enacted, section
1(6) of Public Law 90-485 (82 Stat. 753) is amended--
(1) by striking out the close quotation marks after the end
of clause (4) of the matter inserted by the amendment made by
that section; and
(2) by adding close quotation marks at the end.
(d) Title 37, United States Code.--Section 406(b)(1)(E) of
title 37, United States Code, is amended by striking out ``of
this paragraph''.
(e) Base Closure Laws.--(1) The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(A) in section 2905(b)(1)(C), by striking out ``of the
Administrator to grant approvals and make determinations
under section 13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g))'' and inserting in lieu thereof ``to
dispose of surplus property for public airports under
sections 47151 through 47153 of title 49, United States
Code'';
(B) in section 2906(d)(1), by striking out ``section
204(b)(4)(C)'' and inserting in lieu thereof ``section
204(b)(7)(C)''; and
(C) in section 2910--
(i) by designating the second paragraph (10), as added by
section 2(b) of the Base Closure Community Redevelopment and
Homeless Assistance Act of 1994 (Public Law 103-421; 108
Stat. 4352), as paragraph (11); and
(ii) in such paragraph, as so designated, by striking out
``section 501(h)(4) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411(h)(4))'' and inserting in
lieu thereof ``section 501(i)(4) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411(i)(4))''.
(2) Section 2921(d)(1) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2687 note) is amended by striking out ``section
204(b)(4)(C)'' and inserting in lieu thereof ``section
204(b)(7)(C)''.
(3) Section 204 of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended--
(A) in subsection (b)(1)(C), by striking out ``of the
Administrator to grant approvals and make determinations
under section 13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g))'' and inserting in lieu thereof ``to
dispose of surplus property for public airports under
sections 47151 through 47153 of title 49, United States
Code''; and
(B) in subsection (b)(7)(A)(i), by striking out ``paragraph
(3)'' and inserting in lieu thereof ``paragraphs (3) through
(6)''.
(f) Public Law 103-421.--Section 2(e)(5) of Public Law 103-
421 (108 Stat. 4354) is amended--
(1) by striking out ``(A)'' after ``(5)''; and
(2) by striking out ``clause'' in subparagraph (B)(iv) and
inserting in lieu thereof ``clauses''.
(g) Atomic Energy Act.--Section 123a. of the Atomic Energy
Act (42 U.S.C. 2153a.) is amended by striking out ``144b., or
144d.'' and inserting ``, 144b., or 144d.''.
SEC. 1506. COORDINATION WITH OTHER AMENDMENTS.
For purposes of applying amendments made by provisions of
this Act other than provisions of this title, this title
shall be treated as having been enacted immediately before
the other provisions of this Act.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Corporation for the
Promotion of Rifle Practice and Firearms Safety Act''.
Subtitle A--Establishment and Operation of Corporation
SEC. 1611. ESTABLISHMENT OF THE CORPORATION.
(a) Establishment.--There is established a private,
nonprofit corporation to be known as the ``Corporation for
the Promotion of Rifle Practice and Firearms Safety'' (in
this title referred to as the ``Corporation'').
(b) Private, Nonprofit Status.--(1) The Corporation shall
not be considered to be a department, agency, or
instrumentality of the Federal Government. An officer or
employee of the Corporation shall not be considered to be an
officer or employee of the Federal Government.
(2) The Corporation shall be operated in a manner and for
purposes that qualify the Corporation for exemption from
taxation under section 501(a) of the Internal Revenue Code of
1986 as an organization described in section 501(c)(3) of
such Code.
(c) Board of Directors.--(1) The Corporation shall have a
Board of Directors consisting of not less than nine members.
(2) The Board of Directors may adopt bylaws, policies, and
procedures for the Corporation and may take any other action
that the Board of Directors considers necessary for the
management and operation of the Corporation.
(3) Each member of the Board of Directors shall serve for a
term of two years. Members of the Board of Directors are
eligible for reappointment.
(4) A vacancy on the Board of Directors shall be filled by
a majority vote of the remaining members of the Board.
[[Page 153]]
(5) The Secretary of the Army shall appoint the initial
Board of Directors. Four of the members of the initial Board
of Directors, to be designated by the Secretary at the time
of appointment, shall (notwithstanding paragraph (3)) serve
for a term of one year.
(d) Director of Civilian Marksmanship.--(1) The Board of
Directors shall appoint an individual to serve as the
Director of Civilian Marksmanship.
(2) The Director shall be responsible for the performance
of the daily operations of the Corporation and the functions
described in section 1612.
SEC. 1612. CONDUCT OF CIVILIAN MARKSMANSHIP PROGRAM.
(a) Functions.--The Corporation shall have responsibility
for the overall supervision, oversight, and control of the
Civilian Marksmanship Program, pursuant to the transfer of
the program under subsection (d), including the performance
of the following:
(1) The instruction of citizens of the United States in
marksmanship.
(2) The promotion of practice and safety in the use of
firearms, including the conduct of matches and competitions
in the use of those firearms.
(3) The award to competitors of trophies, prizes, badges,
and other insignia.
(4) The provision of security and accountability for all
firearms, ammunition, and other equipment under the custody
and control of the Corporation.
(5) The issue, loan, or sale of firearms, ammunition,
supplies, and appliances under section 1614.
(6) The procurement of necessary supplies, appliances,
clerical services, other related services, and labor to carry
out the Civilian Marksmanship Program.
(b) Priority for Youth Activities.--In carrying out the
Civilian Marksmanship Program, the Corporation shall give
priority to activities that benefit firearms safety,
training, and competition for youth and that reach as many
youth participants as possible.
(c) Access to Surplus Property.--(1) The Corporation may
obtain surplus property and supplies from the Defense
Reutilization Marketing Service to carry out the Civilian
Marksmanship Program.
(2) Any transfer of property and supplies to the
Corporation under paragraph (1) shall be made without cost to
the Corporation.
(d) Transfer of Civilian Marksmanship Program to
Corporation.--(1) The Secretary of the Army shall provide for
the transition of the Civilian Marksmanship Program, as
defined in section 4308(e) of title 10, United States Code
(as such section was in effect on the day before the date of
the enactment of this Act), from conduct by the Department of
the Army to conduct by the Corporation. The transition shall
be completed not later than September 30, 1996.
(2) To carry out paragraph (1), the Secretary shall provide
such assistance and take such action as is necessary to
maintain the viability of the program and to maintain the
security of firearms, ammunition, and other property that are
transferred or reserved for transfer to the Corporation under
section 1615, 1616, or 1621.
SEC. 1613. ELIGIBILITY FOR PARTICIPATION IN CIVILIAN
MARKSMANSHIP PROGRAM.
(a) Certification Requirement.--(1) Before a person may
participate in any activity sponsored or supported by the
Corporation, the person shall be required to certify by
affidavit the following:
(A) The person has not been convicted of any Federal or
State felony or violation of section 922 of title 18, United
States Code.
(B) The person is not a member of any organization that
advocates the violent overthrow of the United States
Government.
(2) The Director of Civilian Marksmanship may require any
person to attach to the person's affidavit a certification
from the appropriate State or Federal law enforcement agency
for purposes of paragraph (1)(A).
(b) Ineligibility Resulting From Certain Convictions.--A
person who has been convicted of a Federal or State felony or
a violation of section 922 of title 18, United States Code,
shall not be eligible to participate in any activity
sponsored or supported by the Corporation through the
Civilian Marksmanship Program.
(c) Authority To Limit Participation.--The Director of
Civilian Marksmanship may limit participation as necessary to
ensure--
(1) quality instruction in the use of firearms;
(2) the safety of participants; and
(3) the security of firearms, ammunition, and equipment.
SEC. 1614. ISSUANCE, LOAN, AND SALE OF FIREARMS AND
AMMUNITION BY THE CORPORATION.
(a) Issuance and Loan.--For purposes of training and
competition, the Corporation may issue or loan, with or
without charges to recover administrative costs, caliber .22
rimfire and caliber .30 surplus rifles, caliber .22 and .30
ammunition, air rifles, targets, and other supplies and
appliances necessary for activities related to the Civilian
Marksmanship Program to the following:
(1) Organizations affiliated with the Corporation that
provide training in the use of firearms to youth.
(2) The Boy Scouts of America.
(3) 4-H Clubs.
(4) Future Farmers of America.
(5) Other youth-oriented organizations.
(b) Sales.--(1) The Corporation may sell at fair market
value caliber .22 rimfire and caliber .30 surplus rifles,
caliber .22 and .30 ammunition, air rifles, repair parts, and
accouterments to organizations affiliated with the
Corporation that provide training in the use of firearms.
(2) Subject to subsection (e), the Corporation may sell at
fair market value caliber .22 rimfire and caliber .30 surplus
rifles, ammunition, targets, repair parts and accouterments,
and other supplies and appliances necessary for target
practice to citizens of the United States over 18 years of
age who are members of a gun club affiliated with the
Corporation. In addition to any other requirement, the
Corporation shall establish procedures to obtain a criminal
records check of the person with appropriate Federal and
State law enforcement agencies.
(c) Limitations on Sales.--(1) The Corporation may not
offer for sale any repair part designed to convert any
firearm to fire in a fully automatic mode.
(2) The Corporation may not sell rifles, ammunition, or any
other item available for sale to individuals under the
Civilian Marksmanship Program to a person who has been
convicted of a felony or a violation of section 922 of title
18, United States Code.
(d) Oversight and Accountability.--The Corporation shall be
responsible for ensuring adequate oversight and
accountability of all firearms issued or loaned under this
section. The Corporation shall prescribe procedures for the
security of issued or loaned firearms in accordance with
Federal, State, and local laws.
(e) Applicability of Other Law.--(1) Subject to paragraph
(2), sales under subsection (b)(2) are subject to applicable
Federal, State, and local laws.
(2) Paragraphs (1), (2), (3), and (5) of section 922(a) of
title 18, United States Code, do not apply to the shipment,
transportation, receipt, transfer, sale, issuance, loan, or
delivery by the Corporation of any item that the Corporation
is authorized to issue, loan, sell, or receive under this
title.
SEC. 1615. TRANSFER OF FIREARMS AND AMMUNITION FROM THE ARMY
TO THE CORPORATION.
(a) Transfers Required.--The Secretary of the Army shall,
in accordance with subsection (b), transfer to the
Corporation all firearms and ammunition that on the day
before the date of the enactment of this Act are under the
control of the Director of the Civilian Marksmanship Program,
including--
(1) all firearms on loan to affiliated clubs and State
associations;
(2) all firearms in the possession of the Civilian
Marksmanship Support Detachment; and
(3) all M-1 Garand and caliber .22 rimfire rifles stored at
Anniston Army Depot, Anniston, Alabama.
(b) Time for Transfer.--The Secretary shall transfer
firearms and ammunition under subsection (a) as and when
necessary to enable the Corporation--
(1) to issue or loan such items in accordance with section
1614(a); or
(2) to sell such items to purchasers in accordance with
section 1614(b).
(c) Parts.--The Secretary may make available to the
Corporation any part from a rifle designated to be
demilitarized in the inventory of the Department of the Army.
(d) Vesting of Title in Transferred Items.--Title to an
item transferred to the Corporation under this section shall
vest in the Corporation--
(1) upon the issuance of the item to a recipient eligible
under section 1614(a) to receive the item; or
(2) immediately before the Corporation delivers the item to
a purchaser of the item in accordance with a contract for a
sale of the item that is authorized under section 1614(b).
(e) Costs of Transfers.--Any transfer of firearms,
ammunition, or parts to the Corporation under this section
shall be made without cost to the Corporation, except that
the Corporation shall assume the cost of preparation and
transportation of firearms and ammunition transferred under
this section.
SEC. 1616. RESERVATION BY THE ARMY OF FIREARMS AND AMMUNITION
FOR THE CORPORATION.
(a) Reservation of Firearms and Ammunition.--The Secretary
of the Army shall reserve for the Corporation the following:
(1) All firearms referred to in section 1615(a).
(2) Ammunition for such firearms.
(3) All M-16 rifles used to support the small arms firing
school that are held by the Department of the Army on the
date of the enactment of this Act.
(4) Any parts from, and accessories and accouterments for,
surplus caliber .30 and caliber .22 rimfire rifles.
(b) Storage of Firearms and Ammunition.--Firearms stored at
Anniston Army Depot, Anniston, Alabama, before the date of
the enactment of this Act and used for the Civilian
Marksmanship Program shall remain at that facility, or
another storage facility designated by the Secretary of the
Army, without cost to the Corporation, until the firearms are
issued, loaned, or sold by, or otherwise transferred to, the
Corporation.
(c) Limitation on Demilitarization of M-1 Rifles.--After
the date of the enactment of this Act, the Secretary may not
demilitarize any M-1 Garand rifle in the inventory of the
Army unless that rifle is determined by the Defense Logistics
Agency to be unserviceable.
(d) Exception for Transfers to Federal and State Agencies
for Counterdrug Purposes.--The requirement specified in
subsection (a) does not supersede the authority provided in
section 1208 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372
note).
[[Page 154]]
SEC. 1617. ARMY LOGISTICAL SUPPORT FOR THE PROGRAM.
(a) Logistical Support.--The Secretary of the Army shall
provide logistical support to the Civilian Marksmanship
Program and for competitions and other activities conducted
by the Corporation. The Corporation shall reimburse the
Secretary for incremental direct costs incurred in providing
such support. Such reimbursements shall be credited to the
appropriations account of the Department of the Army that is
charged to provide such support.
(b) Reserve Component Personnel.--The Secretary shall
provide, without cost to the Corporation, for the use of
members of the National Guard and Army Reserve to support the
National Matches as part of the performance of annual
training pursuant to titles 10 and 32, United States Code.
(c) Use of Department of Defense Facilities for National
Matches.--The National Matches may continue to be held at
those Department of Defense facilities at which the National
Matches were held before the date of the enactment of this
Act.
(d) Regulations.--The Secretary shall prescribe regulations
to carry out this section.
SEC. 1618. GENERAL AUTHORITIES OF THE CORPORATION.
(a) Donations and Fees.--(1) The Corporation may solicit,
accept, hold, use, and dispose of donations of money,
property, and services received by gift, devise, bequest, or
otherwise.
(2) The Corporation may impose, collect, and retain such
fees as are reasonably necessary to cover the direct and
indirect costs of the Corporation to carry out the Civilian
Marksmanship Program.
(3) Amounts collected by the Corporation under the
authority of this subsection, including the proceeds from the
sale of firearms, ammunition, targets, and other supplies and
appliances, may be used only to support the Civilian
Marksmanship Program.
(b) Corporate Seal.--The Corporation may adopt, alter, and
use a corporate seal, which shall be judicially noticed.
(c) Contracts.--The Corporation may enter into contracts,
leases, agreements, or other transactions.
(d) Obligations and Expenditures.--The Corporation may
determine the character of, and necessity for, its
obligations and expenditures and the manner in which they
shall be incurred, allowed, and paid and may incur, allow,
and pay such obligations and expenditures.
(e) Related Authority.--The Corporation may take such other
actions as are necessary or appropriate to carry out the
authority provided in this section.
SEC. 1619. DISTRIBUTION OF CORPORATE ASSETS IN EVENT OF
DISSOLUTION.
(a) Distribution.--If the Corporation dissolves, then--
(1) upon the dissolution of the Corporation, title to all
firearms stored at Anniston Army Depot, Anniston, Alabama, on
the date of the dissolution, all M-16 rifles that are
transferred to the Corporation under section 1615(a)(2), that
are referred to in section 1616(a)(3), or that are otherwise
under the control of the Corporation, and all trophies
received by the Corporation from the National Board for the
Promotion of Rifle Practice as of such date, shall vest in
the Secretary of the Army, and the Secretary shall have the
immediate right to the possession of such items;
(2) assets of the Corporation, other than assets described
in paragraph (1), may be distributed by the Corporation to an
organization that--
(A) is exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986 as an organization described in
section 501(c)(3) of such Code; and
(B) performs functions similar to the functions described
in section 1612(a); and
(3) all assets of the Corporation that are not distributed
pursuant to paragraphs (1) and (2) shall be sold, and the
proceeds from the sale of such assets shall be deposited in
the Treasury.
(b) Prohibition.--Assets of the Corporation that are
distributed pursuant to the authority of subsection (a) may
not be distributed to an individual.
Subtitle B--Transitional Provisions
SEC. 1621. TRANSFER OF FUNDS AND PROPERTY TO THE CORPORATION.
(a) Funds.--(1) On the date of the submission of a
certification in accordance with section 1623 or, if earlier,
October 1, 1996, the Secretary of the Army shall transfer to
the Corporation--
(A) the amounts that are available to the National Board
for the Promotion of Rifle Practice from sales programs and
fees collected in connection with competitions sponsored by
the Board; and
(B) all funds that are in the nonappropriated fund account
known as the National Match Fund.
(2) The funds transferred under paragraph (1)(A) shall be
used to carry out the Civilian Marksmanship Program.
(3) Transfers under paragraph (1)(B) shall be made without
cost to the Corporation.
(b) Property.--The Secretary of the Army shall, as soon as
practicable, transfer to the Corporation the following:
(1) All automated data equipment, all other office
equipment, targets, target frames, vehicles, and all other
property under the control of the Director of Civilian
Marksmanship and the Civilian Marksmanship Support Detachment
on the day before the date of the enactment of this Act
(other than property to which section 1615(a) applies).
(2) Title to property under the control of the National
Match Fund on such day.
(3) All supplies and appliances under the control of the
Director of the Civilian Marksmanship Program on such day.
(c) Offices.--The Corporation may use the office space of
the Office of the Director of Civilian Marksmanship until the
date on which the Secretary of the Army completes the
transfer of the Civilian Marksmanship Program to the
Corporation. The Corporation shall assume control of the
leased property occupied as of the date of the enactment of
this Act by the Civilian Marksmanship Support Detachment,
located at the Erie Industrial Park, Port Clinton, Ohio.
(d) Costs of Transfers.--Any transfer of items to the
Corporation under this section shall be made without cost to
the Corporation.
SEC. 1622. CONTINUATION OF ELIGIBILITY FOR CERTAIN CIVIL
SERVICE BENEFITS FOR FORMER FEDERAL EMPLOYEES
OF CIVILIAN MARKSMANSHIP PROGRAM.
(a) Continuation of Eligibility.--Notwithstanding any other
provision of law, a Federal employee who is employed by the
Department of Defense to support the Civilian Marksmanship
Program as of the day before the date of the transfer of the
Program to the Corporation and is offered employment by the
Corporation as part of the transition described in section
1612(d) may, if the employee becomes employed by the
Corporation, continue to be eligible during continuous
employment with the Corporation for the Federal health,
retirement, and similar benefits (including life insurance)
for which the employee would have been eligible had the
employee continued to be employed by the Department of
Defense. The employer's contribution for such benefits shall
be paid by the Corporation.
(b) Regulations.--The Director of the Office of Personnel
Management shall prescribe regulations to carry out
subsection (a).
SEC. 1623. CERTIFICATION OF COMPLETION OF TRANSITION.
(a) Certification Requirement.--Upon completion of the
appointment of the Board of Directors for the Corporation
under section 1611(c)(5) and of the transition required under
section 1612(d), the Secretary of the Army shall submit to
the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives a certification of the completion of such
actions.
(b) Publication of Certification.--The Secretary shall take
such actions as are necessary to ensure that the
certification is published in the Federal Register promptly
after the submission of the certification under subsection
(a).
SEC. 1624. REPEAL OF AUTHORITY FOR CONDUCT OF CIVILIAN
MARKSMANSHIP PROGRAM BY THE ARMY.
(a) Repeals.--(1) Sections 4307, 4308, 4310, and 4311 of
title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 401
of such title is amended by striking out the items relating
to sections 4307, 4308, 4310, and 4311.
(b) Conforming Amendments.--(1) Section 4313 of title 10,
United States Code, is amended--
(A) by striking out subsection (b); and
(B) in subsection (a)--
(i) by striking out ``(a) Junior Competitors.--'' and
inserting in lieu thereof ``(a) Allowances for Participation
of Junior Competitors.--''; and
(ii) in paragraph (3), by striking out ``(3) For the
purposes of this subsection'' and inserting in lieu thereof
``(b) Junior Competitor Defined.--For the purposes of
subsection (a)''.
(2) Section 4316 of such title is amended by striking out
``, including fees charged and amounts collected pursuant to
subsections (b) and (c) of section 4308,''.
(3) Section 925(a)(2)(A) of title 18, United States Code,
is amended by inserting after ``section 4308 of title 10''
the following: ``before the repeal of such section by section
1624(a) of the Corporation for the Promotion of Rifle
Practice and Firearms Safety Act''.
(c) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) the date on which the Secretary of the Army submits a
certification in accordance with section 1623; or
(2) October 1, 1996.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1996''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama.......................... Fort Rucker.......... $5,900,000
[[Page 155]]
Redstone Arsenal..... $5,000,000
Arizona.......................... Fort Huachuca........ $16,000,000
California....................... Fort Irwin........... $25,500,000
Presidio of San $3,000,000
Francisco.
Colorado......................... Fort Carson.......... $30,850,000
District of Columbia............. Fort McNair.......... $13,500,000
Georgia.......................... Fort Benning......... $37,900,000
Fort Gordon.......... $5,750,000
Fort Stewart......... $8,400,000
Hawaii........................... Schofield Barracks... $30,000,000
Kansas........................... Fort Riley........... $7,000,000
Kentucky......................... Fort Campbell........ $10,000,000
Fort Knox............ $5,600,000
New Jersey....................... Picatinny Arsenal.... $5,500,000
New Mexico....................... White Sands Missile $2,050,000
Range.
New York......................... Fort Drum............ $8,800,000
United States $8,300,000
Military Academy.
Watervliet Arsenal... $680,000
North Carolina................... Fort Bragg........... $29,700,000
Oklahoma......................... Fort Sill............ $14,300,000
South Carolina................... Naval Weapons $25,700,000
Station, Charleston.
Fort Jackson......... $32,000,000
Texas............................ Fort Hood............ $32,500,000
Fort Bliss........... $56,900,000
Fort Sam Houston..... $7,000,000
Virginia......................... Fort Eustis.......... $16,400,000
Washington....................... Fort Lewis........... $32,100,000
CONUS Classified................. Classified Location.. $1,900,000
---------------
Total:............. $478,230,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Korea............................ Camp Casey........... $4,150,000
Camp Hovey........... $13,500,000
Camp Pelham.......... $5,600,000
Camp Stanley......... $6,800,000
Yongsan.............. $4,500,000
Overseas Classified.............. Classified Location.. $48,000,000
Worldwide........................ Host Nation Support.. $20,000,000
---------------
Total:............. $102,550,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Kentucky................................ Fort Knox................. 150 units................. $19,000,000
New York................................ United States Military 119 units................. $16,500,000
Academy, West Point......
Virginia................................ Fort Lee.................. 135 units................. $19,500,000
Washington.............................. Fort Lewis................ 84 units.................. $10,800,000
---------------
Total:.................. $65,800,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing in an
amount not to exceed $48,856,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 1995, for military
construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount
of $2,147,427,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $478,230,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $102,550,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$9,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $34,194,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvements of military family housing and facilities,
$116,656,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,337,596,000.
(6) For the Homeowners Assistance Program, as authorized by
section 2832 of title 10, United States Code, $75,586,000, to
remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $6,385,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), and, in the case of the project described in
section 2204(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
California....................... Marine Corps Air- $2,490,000
Ground Combat
Center, Twentynine
Palms...............
Marine Corps Base, $27,584,000
Camp Pendleton......
Naval Command, $3,170,000
Control, and Ocean
Surveillance Center,
San Diego...........
Naval Air Station, $7,600,000
Lemoore.............
Naval Air Station, $99,150,000
North Island........
Naval Air Warfare $3,700,000
Center Weapons
Division, China Lake
Naval Air Warfare $1,300,000
Center Weapons
Division, Point Mugu
Naval Construction $16,700,000
Batallion Center,
Port Hueneme........
Naval Station, San $19,960,000
Diego...............
Florida.......................... Naval School $16,150,000
Explosive Ordinance
Disposal, Eglin Air
Force Base..........
Naval Technical $2,565,000
Training Center,
Corry Station,
Pensacola...........
Georgia.......................... Strategic Weapons $2,450,000
Facility, Atlantic,
Kings Bay...........
Hawaii........................... Honolulu Naval $1,980,000
Computer and
Telecommunications
Area, Master Station
Eastern Pacific.....
Intelligence Center $2,200,000
Pacific, Pearl
Harbor..............
Naval Submarine Base, $22,500,000
Pearl Harbor........
Illinois......................... Naval Training $12,440,000
Center, Great Lakes.
Indiana.......................... Crane Naval Surface $3,300,000
Warfare Center......
Maryland......................... Naval Academy, $3,600,000
Annapolis...........
New Jersey....................... Naval Air Warfare $1,700,000
Center Aircraft
Division, Lakehurst.
North Carolina................... Marine Corps Air $11,430,000
Station, Cherry
Point...............
Marine Corps Air $14,650,000
Station, New River..
Marine Corps Base, $59,300,000
Camp LeJeune........
Pennsylvania..................... Philadelphia Naval $6,000,000
Shipyard............
South Carolina................... Marine Corps Air $15,000,000
Station, Beaufort...
Texas............................ Naval Air Station, $4,400,000
Corpus Christi......
Naval Air Station, $2,710,000
Kingsville..........
Naval Station, $2,640,000
Ingleside...........
Virginia......................... Fleet and Industrial $8,390,000
Supply Center,
Williamsburg........
Henderson Hall, $1,900,000
Arlington...........
Marine Corps Combat $3,500,000
Development Command,
Quantico............
Naval Hospital, $9,500,000
Portsmouth..........
Naval Station, $10,580,000
Norfolk.............
Naval Weapons $1,300,000
Station, Yorktown...
Washington....................... Naval Undersea $5,300,000
Warfare Center
Division, Keyport...
Puget Sound Naval $19,870,000
Shipyard, Bremerton.
West Virginia.................... Naval Security Group $7,200,000
Detachment..........
CONUS Classified................. Classified Locations. $1,200,000
---------------
Total:............. $435,409,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Guam............................. Naval Computer and $2,250,000
Telecommunications
Area, Master Station
Western Pacific.....
Navy Public Works $16,180,000
Center, Guam........
Italy............................ Naval Air Station, $12,170,000
Sigonella...........
Naval Support $24,950,000
Activity, Naples....
Puerto Rico...................... Naval Security Group $2,200,000
Activity, Sabana
Seca................
Naval Station, $11,500,000
Roosevelt Roads.....
---------------
Total.............. $69,250,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
[[Page 156]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Base, Camp 138 units................. $20,000,000
Pendleton................
Marine Corps Base, Camp Community Center.......... $1,438,000
Pendleton................
Marine Corps Base, Camp Housing Office............ $707,000
Pendleton................
Naval Air Station, Lemoore 240 units................. $34,900,000
Pacific Missile Test Housing Office............ $1,020,000
Center, Point Mugu.......
Public Works Center, San 346 units................. $49,310,000
Diego....................
Hawaii.................................. Naval Complex, Oahu....... 252 units................. $48,400,000
Maryland................................ Naval Air Test Center, Warehouse................. $890,000
Patuxent River...........
US Naval Academy, Housing Office............ $800,000
Annapolis................
North Carolina.......................... Marine Corps Air Station, Community Center.......... $1,003,000
Cherry Point.............
Pennsylvania............................ Navy Ships Parts Control Housing Office............ $300,000
Center, Mechanicsburg....
Puerto Rico............................. Naval Station, Roosevelt Housing Office............ $710,000
Roads....................
Virginia................................ Naval Surface Warfare Housing Office............ $520,000
Center, Dahlgren.........
Public Works Center, 320 units................. $42,500,000
Norfolk..................
Public Works Center, Housing Office............ $1,390,000
Norfolk..................
West Virginia........................... Security Group Naval 23 units................. $3,590,000
Detachment, Sugar Grove..
---------------
Total:.................. $207,478,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $24,390,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $290,831,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 1995, for military
construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount
of $2,119,317,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $427,709,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $69,250,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,200,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,515,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$522,699,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$1,048,329,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $7,700,000 (the balance of the amount authorized under
section 2201(a) for the construction of a bachelor enlisted
quarters at the Naval Construction Batallion Center, Port
Hueneme, California).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $6,385,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
SEC. 2205. REVISION OF FISCAL YEAR 1995 AUTHORIZATION OF
APPROPRIATIONS TO CLARIFY AVAILABILITY OF FUNDS
FOR LARGE ANECHOIC CHAMBER FACILITY, PATUXENT
RIVER NAVAL WARFARE CENTER, MARYLAND.
Section 2204(a) of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law 103-337;
108 Stat. 3033) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,591,824,000'' and inserting in lieu thereof
``$1,601,824,000''; and
(2) by adding at the end the following:
``(6) For the construction of the large anechoic chamber
facility at the Patuxent River Naval Warfare Center, Aircraft
Division, Maryland, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2590),
$10,000,000.''.
SEC. 2206. AUTHORITY TO CARRY OUT LAND ACQUISITION PROJECT,
HAMPTON ROADS, VIRGINIA.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2589) is amended--
(1) in the item relating to Damneck, Fleet Combat Training
Center, Virginia, by striking out ``$19,427,000'' in the
amount column and inserting in lieu thereof ``$14,927,000'';
and
(2) by inserting after the item relating to Damneck, Fleet
Combat Training Center, Virginia, the following new item:
------------------------------------------------------------------------
------------------------------------------------------------------------
Hampton Roads.......... $4,500,000
------------------------------------------------------------------------
SEC. 2207. ACQUISITION OF LAND, HENDERSON HALL, ARLINGTON,
VIRGINIA.
(a) Authority To Acquire.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire all right,
title, and interest of any party in and to a parcel of real
property, including an abandoned mausoleum, consisting of
approximately 0.75 acres and located in Arlington, Virginia,
the site of Henderson Hall.
(b) Demolition of Mausoleum.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary may--
(1) demolish the mausoleum located on the parcel acquired
under subsection (a); and
(2) provide for the removal and disposition in an
appropriate manner of the remains contained in the mausoleum.
(c) Authority To Design Public Works Facility.--Using
amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1), the Secretary may
obtain architectural and engineering services and
construction design for a warehouse and office facility for
the Marine Corps to be constructed on the property acquired
under subsection (a).
(d) Description of Property.--The exact acreage and legal
description of the real property authorized to be acquired
under subsection (a) shall be determined by a survey that is
satisfactory to the Secretary. The cost of the survey shall
be borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the acquisition under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2208. ACQUISITION OR CONSTRUCTION OF MILITARY FAMILY
HOUSING IN VICINITY OF SAN DIEGO, CALIFORNIA.
(a) Authority To Use Litigation Proceeds.--Upon final
settlement in the case of Rossmoor Liquidating Trust against
United States, in the United States District Court for the
Central District of California (Case No. CV 82-0956 LEW
(Px)), the Secretary of the Treasury shall deposit in a
separate account any funds paid to the United States in
settlement of such case. At the request of the Secretary of
the Navy, the Secretary of the Treasury shall make available
amounts in the account to the Secretary of the Navy solely
for the acquisition or construction of military family
housing, including the acquisition of land necessary for such
acquisition or construction, for members of the Armed Forces
and their dependents stationed in, or in the vicinity of, San
Diego, California. In using amounts in the account, the
Secretary of the Navy may use the authorities provided in
subchapter IV of chapter 169 of title 10, United States Code,
as added by section 2801 of this Act.
(b) Units Authorized.--Not more than 150 military family
housing units may be acquired or constructed with funds
referred to in subsection (a). The units authorized by this
subsection are in addition to any other units of military
family housing authorized to be acquired or constructed in,
or in the vicinity of, San Diego, California.
(c) Payment of Excess Into Treasury.--The Secretary of the
Treasury shall deposit into the Treasury as miscellaneous
receipts funds referred to in subsection (a) that have not
been obligated for construction under this section within
four years after receipt thereof.
(d) Limitation.--The Secretary may not enter into any
contract for the acquisition or construction of military
family housing under this section until after the expiration
of the 21-day period beginning on the day after the day on
which the Secretary transmits to the congressional defense
committees a report containing the details of such contract.
(e) Repeal of Existing Authority.--Section 2848 of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1666)
is repealed.
[[Page 157]]
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), and, in the case of the project described in
section 2304(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of the Air Force may acquire real property and
carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama.......................... Maxwell Air Force $5,200,000
Base.
Alaska........................... Eielson Air Force $7,850,000
Base................
Elmendorf Air Force $9,100,000
Base................
Tin City Long Range $2,500,000
RADAR Site..........
Arizona.......................... Davis-Monthan Air $4,800,000
Force Base.
Luke Air Force Base.. $5,200,000
Arkansas......................... Little Rock Air Force $2,500,000
Base.
California....................... Beale Air Force Base. $7,500,000
Edwards Air Force $33,800,000
Base.
Travis Air Force Base $26,700,000
Vandenberg Air Force $6,000,000
Base.
Colorado......................... Buckley Air National $5,500,000
Guard Base.
Peterson Air Force $4,390,000
Base.
US Air Force Academy. $12,874,000
Delaware......................... Dover Air Force Base. $5,500,000
District of Columbia............. Bolling Air Force $12,100,000
Base.
Florida.......................... Cape Canaveral Air $1,600,000
Force Station.
Eglin Air Force Base. $13,500,000
Tyndall Air Force $1,200,000
Base.
Georgia.......................... Moody Air Force Base. $25,190,000
Robins Air Force Base $12,400,000
Hawaii........................... Hickam Air Force Base $10,700,000
Idaho............................ Mountain Home Air $18,650,000
Force Base.
Illinois......................... Scott Air Force Base. $12,700,000
Kansas........................... McConnell Air Force $9,450,000
Base.
Louisiana........................ Barksdale Air Force $2,500,000
Base.
Maryland......................... Andrews Air Force $12,886,000
Base.
Mississippi...................... Columbus Air Force $1,150,000
Base.
Keesler Air Force $6,500,000
Base.
Missouri......................... Whiteman Air Force $24,600,000
Base.
Nevada........................... Nellis Air Force Base $17,500,000
New Jersey....................... McGuire Air Force $16,500,000
Base.
New Mexico....................... Cannon Air Force Base $13,420,000
Holloman Air Force $6,000,000
Base.
Kirtland Air Force $9,156,000
Base.
North Carolina................... Pope Air Force Base.. $8,250,000
Seymour Johnson Air $5,530,000
Force Base.
North Dakota..................... Grand Forks Air Force $14,800,000
Base.
Minot Air Force Base. $1,550,000
Ohio............................. Wright Patterson Air $4,100,000
Force Base.
Oklahoma......................... Altus Air Force Base. $4,800,000
Tinker Air Force Base $11,100,000
South Carolina................... Charleston Air Force $12,500,000
Base.
Shaw Air Force Base.. $1,300,000
South Dakota..................... Ellsworth Air Force $7,800,000
Base.
Tennessee........................ Arnold Air Force Base $5,000,000
Texas............................ Dyess Air Force Base. $5,400,000
Goodfellow Air Force $1,000,000
Base.
Kelly Air Force Base. $3,244,000
Laughlin Air Force $1,400,000
Base.
Randolph Air Force $3,100,000
Base.
Sheppard Air Force $1,500,000
Base.
Utah............................. Hill Air Force Base.. $8,900,000
Virginia......................... Langley Air Force $1,000,000
Base.
Washington....................... Fairchild Air Force $15,700,000
Base.
McChord Air Force $9,900,000
Base.
Wyoming.......................... F.E. Warren Air Force $9,000,000
Base.
CONUS Classified................. Classified Location.. $700,000
---------------
Total:............. $504,690,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and may carry out military construction projects for
the installations and locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany.......................... Spangdahlem Air Base. $8,380,000
Vogelweh Annex....... $2,600,000
Greece........................... Araxos Radio Relay $1,950,000
Site.
Italy............................ Aviano Air Base...... $2,350,000
Ghedi Radio Relay $1,450,000
Site.
Turkey........................... Ankara Air Station... $7,000,000
Incirlik Air Base.... $4,500,000
United Kingdom................... Lakenheath Royal Air $1,820,000
Force Base..........
Mildenhall Royal Air $2,250,000
Force Base.
Overseas Classified.............. Classified Location.. $17,100,000
---------------
Total:............. $49,400,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Elmendorf Air Force Base.. Housing Office/Maintenance $3,000,000
Facility.................
Arizona................................. Davis-Monthan Air Force 80 units.................. $9,498,000
Base.....................
Arkansas................................ Little Rock Air Force Base Replace 1 General Officer $210,000
Quarters.................
California.............................. Beale Air Force Base...... Family Housing Office..... $842,000
Edwards Air Force Base.... 127 units................. $20,750,000
Vandenberg Air Force Base. Family Housing Office..... $900,000
Vandenberg Air Force Base. 143 units................. $20,200,000
Colorado................................ Peterson Air Force Base... Family Housing Office..... $570,000
District of Columbia.................... Bolling Air Force Base.... 32 units.................. $4,100,000
Florida................................. Eglin Air Force Base...... Family Housing Office..... $500,000
Eglin Auxiliary Field 9... Family Housing Office..... $880,000
MacDill Air Force Base.... Family Housing Office..... $646,000
Patrick Air Force Base.... 70 units.................. $7,947,000
Tyndall Air Force Base.... 82 units.................. $9,800,000
Georgia................................. Moody Air Force Base...... 1 Officer & 1 General $513,000
Officer Quarter..........
Robins Air Force Base..... 83 units.................. $9,800,000
Guam.................................... Andersen Air Force Base... Housing Maintenance $1,700,000
Facility.................
Idaho................................... Mountain Home Air Force Housing Management $844,000
Base..................... Facility.................
Kansas.................................. McConnell Air Force Base.. 39 units.................. $5,193,000
Louisiana............................... Barksdale Air Force Base.. 62 units.................. $10,299,000
Massachusetts........................... Hanscom Air Force Base.... 32 units.................. $4,900,000
Mississippi............................. Keesler Air Force Base.... 98 units.................. $9,300,000
Missouri................................ Whiteman Air Force Base... 72 units.................. $9,948,000
Nevada.................................. Nellis Air Force Base..... 102 units................. $16,357,000
New Mexico.............................. Holloman Air Force Base... 1 General Officer Quarters $225,000
Kirtland Air Force Base... 105 units................. $11,000,000
North Carolina.......................... Pope Air Force Base....... 104 units................. $9,984,000
Seymour Johnson Air Force 1 General Officer Quarters $204,000
Base.....................
South Carolina.......................... Shaw Air Force Base....... Housing Maintenance $715,000
Facility.................
Texas................................... Dyess Air Force Base...... Housing Maintenance $580,000
Facility.................
Lackland Air Force Base... 67 units.................. $6,200,000
Sheppard Air Force Base... Management Office......... $500,000
Sheppard Air Force Base... Housing Maintenance $600,000
Facility.................
Turkey.................................. Incirlik Air Base......... 150 units................. $10,146,000
Washington.............................. McChord Air Force Base.... 50 units.................. $9,504,000
---------------
Total:.................. $198,355,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $8,989,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(5)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $90,959,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years
beginning after September 30, 1995, for military
construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total
amount of $1,735,086,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $504,690,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $49,400,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,030,000.
(4) For architectural and engineering services and
construction design under section
[[Page 158]]
2807 of title 10, United States Code, $30,835,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design
and improvement of military family housing and facilities,
$298,303,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $849,213,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $5,400,000 (the balance of the amount authorized under
section 2301(a) for the construction of a corrosion control
facility at Tinker Air Force Base, Oklahoma).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $6,385,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
SEC. 2305. RETENTION OF ACCRUED INTEREST ON FUNDS DEPOSITED
FOR CONSTRUCTION OF FAMILY HOUSING, SCOTT AIR
FORCE BASE, ILLINOIS.
(a) Retention of Interest.--Section 2310 of the Military
Construction Authorization Act for Fiscal Year 1994 (division
B of Public Law 103-160; 107 Stat. 1874) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Retention of Interest.--Interest accrued on the funds
transferred to the County pursuant to subsection (a) shall be
retained in the same account as the transferred funds and
shall be available to the County for the same purpose as the
transferred funds.''.
(b) Limitation on Units Constructed.--Subsection (c) of
such section, as redesignated by subsection (a)(1), is
amended by adding at the end the following new sentence:
``The number of units constructed using the transferred funds
(and interest accrued on such funds) may not exceed the
number of units of military family housing authorized for
Scott Air Force Base in section 2302(a) of the Military
Construction Authorization Act for Fiscal Year 1993.''.
(c) Effect of Completion of Construction.--Such section is
further amended by adding at the end the following new
subsection:
``(d) Completion of Construction.--Upon the completion of
the construction authorized by this section, all funds
remaining from the funds transferred pursuant to subsection
(a), and the remaining interest accrued on such funds, shall
be deposited in the general fund of the Treasury of the
United States.''.
(d) Reports on Accrued Interest.--Such section is further
amended by adding at the end the following new subsection:
``(e) Reports on Accrued Interest.--Not later than March 1
of each year following a year in which funds available to the
County under this section are used by the County for the
purpose referred to in subsection (c), the Secretary shall
submit to the congressional defense committees a report
setting forth the amount of interest that accrued on such
funds during the preceding year.''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), and, in the case of the project described in
section 2405(b)(2), other amounts appropriated pursuant to
authorizations enacted after this Act for that project, the
Secretary of Defense may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency/State location Amount
------------------------------------------------------------------------
Ballistic Missile Defense
Organization
Texas............................ Fort Bliss........... $13,600,000
Defense Finance & Accounting
Service
Ohio............................. Columbus Center...... $72,403,000
Defense Intelligence Agency
District of Columbia............. Bolling Air Force $498,000
Base................
Defense Logistics Agency
Alabama.......................... Defense Distribution $3,550,000
Anniston............
California....................... Defense Distribution $15,000,000
Stockton............
DFSC, Point Mugu..... $750,000
Delaware......................... DFSC, Dover Air Force $15,554,000
Base................
Florida.......................... DFSC, Eglin Air Force $2,400,000
Base................
Louisiana........................ DFSC, Barksdale Air $13,100,000
Force Base..........
New Jersey....................... DFSC, McGuire Air $12,000,000
Force Base..........
Pennsylvania..................... Defense Distribution $4,600,000
New Cumberland--DDSP
Virginia......................... Defense Distribution $10,400,000
Depot--DDNV.........
Defense Mapping Agency
Missouri......................... Defense Mapping $40,300,000
Agency Aerospace
Center..............
Defense Medical Facility Office
Alabama.......................... Maxwell Air Force $10,000,000
Base................
Arizona.......................... Luke Air Force Base.. $8,100,000
California....................... Fort Irwin........... $6,900,000
Marine Corps Base, $1,700,000
Camp Pendleton......
Vandenberg Air Force $5,700,000
Base................
Delaware......................... Dover Air Force Base. $4,400,000
Georgia.......................... Fort Benning......... $5,600,000
Louisiana........................ Barksdale Air Force $4,100,000
Base................
Maryland......................... Bethesda Naval $1,300,000
Hospital............
Walter Reed Army $1,550,000
Institute of
Research............
Texas............................ Fort Hood............ $5,500,000
Lackland Air Force $6,100,000
Base................
Virginia......................... Northwest Naval $4,300,000
Security Group
Activity............
National Security Agency
Maryland......................... Fort Meade........... $18,733,000
Office of the Secretary of
Defense
Inside the United States......... Classified location.. $11,500,000
Department of Defense Dependents
Schools
Alabama.......................... Maxwell Air Force $5,479,000
Base................
Georgia.......................... Fort Benning......... $1,116,000
South Carolina................... Fort Jackson......... $576,000
Special Operations Command
California....................... Camp Pendleton....... $5,200,000
Florida.......................... Eglin Air Force Base $2,400,000
(Duke Field)........
Eglin Auxiliary Field $14,150,000
9...................
North Carolina................... Fort Bragg........... $23,800,000
Pennsylvania..................... Olmstead Field, $1,643,000
Harrisburg IAP......
Virginia......................... Dam Neck............. $4,500,000
Naval Amphibious $6,100,000
Base, Little Creek..
---------------
Total:............. $364,602,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency/Country Installation name Amount
------------------------------------------------------------------------
Defense Logistics Agency
Puerto Rico...................... Defense Fuel Support $6,200,000
Point, Roosevelt
Roads...............
Spain............................ DFSC Rota............ $7,400,000
Defense Medical Facility Office
Italy............................ Naval Support $5,000,000
Activity, Naples....
Department of Defense Dependents
Schools
Germany.......................... Ramstein Air Force $19,205,000
Base................
Italy............................ Naval Air Station, $7,595,000
Sigonella...........
National Security Agency
United Kingdom................... Menwith Hill Station. $677,000
Special Operations Command
Guam............................. Naval Station, Guam.. $8,800,000
---------------
Total:............. $54,877,000
------------------------------------------------------------------------
SEC. 2402. MILITARY FAMILY HOUSING PRIVATE INVESTMENT.
(a) Availability of Funds for Investment.--Of the amount
authorized to be appropriated pursuant to section
2405(a)(11)(A), $22,000,000 shall be available for crediting
to the Department of Defense Family Housing Improvement Fund
established by section 2883(a)(1) of title 10, United States
Code (as added by section 2801 of this Act).
(b) Use of Funds.--The Secretary of Defense may use funds
credited to the Department of Defense Family Housing
Improvement Fund under subsection (a) to carry out any
activities authorized by subchapter IV of chapter 169 of such
title (as added by such section) with respect to military
family housing.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2405(a)(11)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $3,772,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(9), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1995, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $4,629,491,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $329,599,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $54,877,000.
(3) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$47,900,000.
[[Page 159]]
(4) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484;
106 Stat. 2599), $28,100,000.
(5) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2599), $27,000,000.
(6) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $23,007,000.
(7) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $11,037,000.
(8) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $68,837,000.
(9) For energy conservation projects authorized by section
2404, $40,000,000.
(10) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $3,897,892,000.
(11) For military family housing functions:
(A) For construction and acquisition and improvement of
military family housing and facilities, $25,772,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$40,467,000, of which not more than $24,874,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $35,003,000 (the balance of the amount authorized under
section 2401(a) for the construction of a center of the
Defense Finance and Accounting Service at Columbus, Ohio).
SEC. 2406. LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 1990.
(a) Set Aside for 1995 Round.--Of the amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(10), $784,569,000 shall be available only for the
purposes described in section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) with respect to
military installations approved for closure or realignment in
1995.
(b) Construction.--Amounts appropriated pursuant to the
authorization of appropriations in section 2405(a)(10) may
not be obligated to carry out a construction project with
respect to military installations approved for closure or
realignment in 1995 until after the date on which the
Secretary of Defense submits to Congress a five-year program
for executing the 1995 base realignment and closure plan. The
limitation contained in this subsection shall not prohibit
site surveys, environmental baseline surveys, environmental
analysis under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and planning and design work
conducted in anticipation of such construction.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1995 PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3040), under the agency heading
relating to Chemical Weapons and Munitions Destruction, is
amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas,
by striking out ``$3,000,000'' in the amount column and
inserting in lieu thereof ``$115,000,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by
striking out ``$12,000,000'' in the amount column and
inserting in lieu thereof ``$186,000,000''.
SEC. 2408. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 1994 CONTINGENCY CONSTRUCTION
PROJECTS.
Section 2403(a) of the Military Construction Authorization
Act for Fiscal Year 1994 (division B of Public Law 103-160;
107 Stat. 1876) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$3,268,394,000'' and inserting in lieu thereof
``$3,260,263,000''; and
(2) in paragraph (10), by striking out ``$12,200,000'' and
inserting in lieu thereof ``$4,069,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Infrastructure program as
provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to
be appropriated for this purpose in section 2502 and the
amount collected from the North Atlantic Treaty Organization
as a result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1995, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Infrastructure program, as authorized by section 2501, in the
amount of $161,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1995, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 133 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$134,802,000; and
(B) for the Army Reserve, $73,516,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $19,055,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$170,917,000; and
(B) for the Air Force Reserve, $36,232,000.
SEC. 2602. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 1994 AIR NATIONAL GUARD
PROJECTS.
Section 2601(3)(A) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public
Law 103-160; 107 Stat. 1878) is amended by striking out
``$236,341,000'' and inserting in lieu thereof
``$229,641,000''.
SEC. 2603. CORRECTION IN AUTHORIZED USES OF FUNDS FOR ARMY
NATIONAL GUARD PROJECTS IN MISSISSIPPI.
(a) In General.--Subject to subsection (b), amounts
appropriated pursuant to the authorization of appropriations
in section 2601(1)(A) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public
Law 103-160; 107 Stat. 1878) for the addition or alteration
of Army National Guard Armories at various locations in the
State of Mississippi shall be available for the addition,
alteration, or new construction of armory facilities and an
operation and maintenance shop facility (including the
acquisition of land for such facilities) at various locations
in the State of Mississippi.
(b) Notice and Wait.--The amounts referred to in subsection
(a) shall not be available for construction with respect to a
facility referred to in that subsection until 21 days after
the date on which the Secretary of the Army submits to
Congress a report describing the construction (including any
land acquisition) to be carried out with respect to the
facility.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1999.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1999 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1993 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2602),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2301, or 2601 of
that Act or in section 2201 of that Act (as amended by
section 2206 of this Act), shall remain in effect until
October 1, 1996, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1997, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
[[Page 160]]
Army: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Pine Bluff Arsenal....... Ammunition Demilitarization $15,000,000
Support Facility............
Hawaii................................ Schofield Barracks....... Add/Alter Sewage Treatment $17,500,000
Plant.......................
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton Marine Sewage Treatment Plant $19,740,000
Corps Base.............. Modifications...............
Maryland.............................. Patuxent River Naval Large Anechoic Chamber, Phase $60,990,000
Warfare Center.......... I...........................
Mississippi........................... Meridian Naval Air Child Development Center..... $1,100,000
Station.................
Virginia.............................. Hampton Roads............ Land Acquisition............. $4,500,000
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas.............................. Little Rock Air Force Fire Training Facility....... $710,000
Base....................
District of Columbia.................. Bolling Air Force Base... Civil Engineer Complex....... $9,400,000
Mississippi........................... Keesler Air Force Base... Alter Student Dormitory...... $3,100,000
North Carolina........................ Pope Air Force Base...... Construct Bridge Road and $4,000,000
Utilities...................
Pope Air Force Base...... Munitions Storage Complex.... $4,300,000
Virginia.............................. Langley Air Force Base... Base Engineer Complex........ $5,300,000
Guam.................................. Andersen Air Base........ Landfill..................... $10,000,000
Portugal.............................. Lajes Field.............. Water Wells.................. $865,000
Lajes Field.............. Fire Training Facility....... $950,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Tuscaloosa............... Armory....................... $2,273,000
Union Springs............ Armory....................... $813,000
Oregon................................ La Grande................ Organizational Maintenance $1,220,000
Shop........................
La Grande................ Armory Addition.............. $3,049,000
Pennsylvania.......................... Indiana.................. Armory....................... $1,700,000
Rhode Island.......................... North Kingston........... Add/Alter Armory............. $3,330,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
West Virginia......................... Bluefield................ United States Army Reserve $1,921,000
Center......................
Clarksburg............... United States Army Reserve $1,566,000
Center......................
Grantville............... United States Army Reserve $2,785,000
Center......................
Lewisburg................ United States Army Reserve $1,631,000
Center......................
Weirton.................. United States Army Reserve $3,481,000
Center......................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101 or 2601 of that
Act, and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 108 Stat. 3047), shall remain in
effect until October 1, 1996, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 1997, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon................................ Umatilla Army Depot...... Ammunition Demilitarization $3,600,000
Support Facility............
Umatilla Army Depot...... Ammunition Demilitarization $7,500,000
Utilities...................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Ohio.................................. Toledo................... Armory....................... $3,183,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Tennessee............................. Jackson.................. Joint Training Facility...... $1,537,000
----------------------------------------------------------------------------------------------------------------
[[Page 161]]
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
SEC. 2801. ALTERNATIVE AUTHORITY FOR CONSTRUCTION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Alternative Authority To Construct and Improve Military
Housing.--(1) Chapter 169 of title 10, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT
OF MILITARY HOUSING
``Sec.
``2871. Definitions.
``2872. General authority.
``2873. Direct loans and loan guarantees.
``2874. Leasing of housing to be constructed.
``2875. Investments in nongovernmental entities.
``2876. Rental guarantees.
``2877. Differential lease payments.
``2878. Conveyance or lease of existing property and facilities.
``2879. Interim leases.
``2880. Unit size and type.
``2881. Ancillary supporting facilities.
``2882. Assignment of members of the armed forces to housing units.
``2883. Department of Defense Housing Funds.
``2884. Reports.
``2885. Expiration of authority.
``Sec. 2871. Definitions
``In this subchapter:
``(1) The term `ancillary supporting facilities' means
facilities related to military housing units, including child
care centers, day care centers, tot lots, community centers,
housing offices, dining facilities, unit offices, and other
similar facilities for the support of military housing.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
``(C) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(3) The term `construction' means the construction of
military housing units and ancillary supporting facilities or
the improvement or rehabilitation of existing units or
ancillary supporting facilities.
``(4) The term `contract' includes any contract, lease, or
other agreement entered into under the authority of this
subchapter.
``(5) The term `Fund' means the Department of Defense
Family Housing Improvement Fund or the Department of Defense
Military Unaccompanied Housing Improvement Fund established
under section 2883(a) of this title.
``(6) The term `military unaccompanied housing' means
military housing intended to be occupied by members of the
armed forces serving a tour of duty unaccompanied by
dependents.
``(7) The term `United States' includes the Commonwealth of
Puerto Rico.
``Sec. 2872. General authority
``In addition to any other authority provided under this
chapter for the acquisition or construction of military
family housing or military unaccompanied housing, the
Secretary concerned may exercise any authority or any
combination of authorities provided under this subchapter in
order to provide for the acquisition or construction by
private persons of the following:
``(1) Family housing units on or near military
installations within the United States and its territories
and possessions.
``(2) Military unaccompanied housing units on or near such
military installations.
``Sec. 2873. Direct loans and loan guarantees
``(a) Direct Loans.--(1) Subject to subsection (c), the
Secretary concerned may make direct loans to persons in the
private sector in order to provide funds to such persons for
the acquisition or construction of housing units that the
Secretary determines are suitable for use as military family
housing or as military unaccompanied housing.
``(2) The Secretary concerned shall establish such terms
and conditions with respect to loans made under this
subsection as the Secretary considers appropriate to protect
the interests of the United States, including the period and
frequency for repayment of such loans and the obligations of
the obligors on such loans upon default.
``(b) Loan Guarantees.--(1) Subject to subsection (c), the
Secretary concerned may guarantee a loan made to any person
in the private sector if the proceeds of the loan are to be
used by the person to acquire, or construct housing units
that the Secretary determines are suitable for use as
military family housing or as military unaccompanied housing.
``(2) The amount of a guarantee on a loan that may be
provided under paragraph (1) may not exceed the amount equal
to the lesser of--
``(A) the amount equal to 80 percent of the value of the
project; or
``(B) the amount of the outstanding principal of the loan.
``(3) The Secretary concerned shall establish such terms
and conditions with respect to guarantees of loans under this
subsection as the Secretary considers appropriate to protect
the interests of the United States, including the rights and
obligations of obligors of such loans and the rights and
obligations of the United States with respect to such
guarantees.
``(c) Limitation on Direct Loan and Guarantee Authority.--
Direct loans and loan guarantees may be made under this
section only to the extent that appropriations of budget
authority to cover their cost (as defined in section 502(5)
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)))
are made in advance, or authority is otherwise provided in
appropriation Acts. If such appropriation or other authority
is provided, there may be established a financing account (as
defined in section 502(7) of such Act (2 U.S.C. 661a(7))),
which shall be available for the disbursement of direct loans
or payment of claims for payment on loan guarantees under
this section and for all other cash flows to and from the
Government as a result of direct loans and guarantees made
under this section.
``Sec. 2874. Leasing of housing to be constructed
``(a) Build and Lease Authorized.--The Secretary concerned
may enter into contracts for the lease of military family
housing units or military unaccompanied housing units to be
constructed under this subchapter.
``(b) Lease Terms.--A contract under this section may be
for any period that the Secretary concerned determines
appropriate and may provide for the owner of the leased
property to operate and maintain the property.
``Sec. 2875. Investments in nongovernmental entities
``(a) Investments Authorized.--The Secretary concerned may
make investments in nongovernmental entities carrying out
projects for the acquisition or construction of housing units
suitable for use as military family housing or as military
unaccompanied housing.
``(b) Forms of Investment.--An investment under this
section may take the form of an acquisition of a limited
partnership interest by the United States, a purchase of
stock or other equity instruments by the United States, a
purchase of bonds or other debt instruments by the United
States, or any combination of such forms of investment.
``(c) Limitation on Value of Investment.--(1) The cash
amount of an investment under this section in a
nongovernmental entity may not exceed an amount equal to
33\1/3\ percent of the capital cost (as determined by the
Secretary concerned) of the project or projects that the
entity proposes to carry out under this section with the
investment.
``(2) If the Secretary concerned conveys land or facilities
to a nongovernmental entity as all or part of an investment
in the entity under this section, the total value of the
investment by the Secretary under this section may not exceed
an amount equal to 45 percent of the capital cost (as
determined by the Secretary) of the project or projects that
the entity proposes to carry out under this section with the
investment.
``(3) In this subsection, the term `capital cost', with
respect to a project for the acquisition or construction of
housing, means the total amount of the costs included in the
basis of the housing for Federal income tax purposes.
``(d) Collateral Incentive Agreements.--The Secretary
concerned shall enter into collateral incentive agreements
with nongovernmental entities in which the Secretary makes an
investment under this section to ensure that a suitable
preference will be afforded members of the armed forces and
their dependents in the lease or purchase, as the case may
be, of a reasonable number of the housing units covered by
the investment.
``Sec. 2876. Rental guarantees
``The Secretary concerned may enter into agreements with
private persons that acquire or construct military family
housing units or military unaccompanied housing units under
this subchapter in order to assure--
``(1) the occupancy of such units at levels specified in
the agreements; or
``(2) rental income derived from rental of such units at
levels specified in the agreements.
``Sec. 2877. Differential lease payments
``Pursuant to an agreement entered into by the Secretary
concerned and a private lessor of military family housing or
military unaccompanied housing to members of the armed
forces, the Secretary may pay the lessor an amount in
addition to the rental payments for the housing made by the
members as the Secretary determines appropriate to encourage
the lessor to make the housing available to members of the
armed forces as military family housing or as military
unaccompanied housing.
``Sec. 2878. Conveyance or lease of existing property and
facilities
``(a) Conveyance or Lease Authorized.--The Secretary
concerned may convey or lease property or facilities
(including ancillary supporting facilities) to private
persons for purposes of using the proceeds of such conveyance
or lease to carry out activities under this subchapter.
``(b) Inapplicability to Property at Installation Approved
for Closure.--The authority of this section does not apply to
property or facilities located on or near a military
installation approved for closure under a base closure law.
``(c) Terms and Conditions.--(1) The conveyance or lease of
property or facilities under this section shall be for such
consideration and upon such terms and conditions as the
Secretary concerned considers appropriate for the purposes of
this subchapter and to protect the interests of the United
States.
[[Page 162]]
``(2) As part or all of the consideration for a conveyance
or lease under this section, the purchaser or lessor (as the
case may be) shall enter into an agreement with the Secretary
to ensure that a suitable preference will be afforded members
of the armed forces and their dependents in the lease or
sublease of a reasonable number of the housing units covered
by the conveyance or lease, as the case may be, or in the
lease of other suitable housing units made available by the
purchaser or lessee.
``(d) Inapplicability of Certain Property Management
Laws.--The conveyance or lease of property or facilities
under this section shall not be subject to the following
provisions of law:
``(1) Section 2667 of this title.
``(2) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(3) Section 321 of the Act of June 30, 1932 (commonly
known as the Economy Act) (40 U.S.C. 303b).
``(4) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11401).
``Sec. 2879. Interim leases
``Pending completion of a project to acquire or construct
military family housing units or military unaccompanied
housing units under this subchapter, the Secretary concerned
may provide for the interim lease of such units of the
project as are complete. The term of a lease under this
section may not extend beyond the date of the completion of
the project concerned.
``Sec. 2880. Unit size and type
``(a) Conformity With Similar Housing Units in Locale.--The
Secretary concerned shall ensure that the room patterns and
floor areas of military family housing units and military
unaccompanied housing units acquired or constructed under
this subchapter are generally comparable to the room patterns
and floor areas of similar housing units in the locality
concerned.
``(b) Inapplicability of Limitations on Space by Pay
Grade.--(1) Section 2826 of this title shall not apply to
military family housing units acquired or constructed under
this subchapter.
``(2) The regulations prescribed under section 2856 of this
title shall not apply to any military unaccompanied housing
unit acquired or constructed under this subchapter unless the
unit is located on a military installation.
``Sec. 2881. Ancillary supporting facilities
``Any project for the acquisition or construction of
military family housing units or military unaccompanied
housing units under this subchapter may include the
acquisition or construction of ancillary supporting
facilities for the housing units concerned.
``Sec. 2882. Assignment of members of the armed forces to
housing units
``(a) In General.--The Secretary concerned may assign
members of the armed forces to housing units acquired or
constructed under this subchapter.
``(b) Effect of Certain Assignments on Entitlement to
Housing Allowances.--(1) Except as provided in paragraph (2),
housing referred to in subsection (a) shall be considered as
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service for purposes of section
403(b) of title 37.
``(2) A member of the armed forces who is assigned in
accordance with subsection (a) to a housing unit not owned or
leased by the United States shall be entitled to a basic
allowance for quarters under section 403 of title 37 and, if
in a high housing cost area, a variable housing allowance
under section 403a of that title.
``(c) Lease Payments Through Pay Allotments.--The Secretary
concerned may require members of the armed forces who lease
housing in housing units acquired or constructed under this
subchapter to make lease payments for such housing pursuant
to allotments of the pay of such members under section 701 of
title 37.
``Sec. 2883. Department of Defense Housing Funds
``(a) Establishment.--There are hereby established on the
books of the Treasury the following accounts:
``(1) The Department of Defense Family Housing Improvement
Fund.
``(2) The Department of Defense Military Unaccompanied
Housing Improvement Fund.
``(b) Commingling of Funds Prohibited.--(1) The Secretary
of Defense shall administer each Fund separately.
``(2) Amounts in the Department of Defense Family Housing
Improvement Fund may be used only to carry out activities
under this subchapter with respect to military family
housing.
``(3) Amounts in the Department of Defense Military
Unaccompanied Housing Improvement Fund may be used only to
carry out activities under this subchapter with respect to
military unaccompanied housing.
``(c) Credits to Funds.--(1) There shall be credited to the
Department of Defense Family Housing Improvement Fund the
following:
``(A) Amounts authorized for and appropriated to that Fund.
``(B) Subject to subsection (f), any amounts that the
Secretary of Defense transfers, in such amounts as provided
in appropriation Acts, to that Fund from amounts authorized
and appropriated to the Department of Defense for the
acquisition or construction of military family housing.
``(C) Proceeds from the conveyance or lease of property or
facilities under section 2878 of this title for the purpose
of carrying out activities under this subchapter with respect
to military family housing.
``(D) Income derived from any activities under this
subchapter with respect to military family housing, including
interest on loans made under section 2873 of this title,
income and gains realized from investments under section 2875
of this title, and any return of capital invested as part of
such investments.
``(2) There shall be credited to the Department of Defense
Military Unaccompanied Housing Improvement Fund the
following:
``(A) Amounts authorized for and appropriated to that Fund.
``(B) Subject to subsection (f), any amounts that the
Secretary of Defense transfers, in such amounts as provided
in appropriation Acts, to that Fund from amounts authorized
and appropriated to the Department of Defense for the
acquisition or construction of military unaccompanied
housing.
``(C) Proceeds from the conveyance or lease of property or
facilities under section 2878 of this title for the purpose
of carrying out activities under this subchapter with respect
to military unaccompanied housing.
``(D) Income derived from any activities under this
subchapter with respect to military unaccompanied housing,
including interest on loans made under section 2873 of this
title, income and gains realized from investments under
section 2875 of this title, and any return of capital
invested as part of such investments.
``(d) Use of Amounts in Funds.--(1) In such amounts as
provided in appropriation Acts and except as provided in
subsection (e), the Secretary of Defense may use amounts in
the Department of Defense Family Housing Improvement Fund to
carry out activities under this subchapter with respect to
military family housing, including activities required in
connection with the planning, execution, and administration
of contracts entered into under the authority of this
subchapter.
``(2) In such amounts as provided in appropriation Acts and
except as provided in subsection (e), the Secretary of
Defense may use amounts in the Department of Defense Military
Unaccompanied Housing Improvement Fund to carry out
activities under this subchapter with respect to military
unaccompanied housing, including activities required in
connection with the planning, execution, and administration
of contracts entered into under the authority of this
subchapter.
``(3) Amounts made available under this subsection shall
remain available until expended. The Secretary of Defense may
transfer amounts made available under this subsection to the
Secretaries of the military departments to permit such
Secretaries to carry out the activities for which such
amounts may be used.
``(e) Limitation on Obligations.--The Secretary may not
incur an obligation under a contract or other agreement
entered into under this subchapter in excess of the
unobligated balance, at the time the contract is entered
into, of the Fund required to be used to satisfy the
obligation.
``(f) Notification Required for Transfers.--A transfer of
appropriated amounts to a Fund under paragraph (1)(B) or
(2)(B) of subsection (c) may be made only after the end of
the 30-day period beginning on the date the Secretary of
Defense submits written notice of, and justification for, the
transfer to the appropriate committees of Congress.
``(g) Limitation on Amount of Budget Authority.--The total
value in budget authority of all contracts and investments
undertaken using the authorities provided in this subchapter
shall not exceed--
``(1) $850,000,000 for the acquisition or construction of
military family housing; and
``(2) $150,000,000 for the acquisition or construction of
military unaccompanied housing.
``Sec. 2884. Reports
``(a) Project Reports.--(1) The Secretary of Defense shall
transmit to the appropriate committees of Congress a report
describing--
``(A) each contract for the acquisition or construction of
family housing units or unaccompanied housing units that the
Secretary proposes to solicit under this subchapter; and
``(B) each conveyance or lease proposed under section 2878
of this title.
``(2) The report shall describe the proposed contract,
conveyance, or lease and the intended method of participation
of the United States in the contract, conveyance, or lease
and provide a justification of such method of participation.
The report shall be submitted not later than 30 days before
the date on which the Secretary issues the contract
solicitation or offers the conveyance or lease.
``(b) Annual Reports.--The Secretary of Defense shall
include each year in the materials that the Secretary submits
to Congress in support of the budget submitted by the
President pursuant to section 1105 of title 31 the following:
``(1) A report on the expenditures and receipts during the
preceding fiscal year covering the Funds established under
section 2883 of this title.
``(2) A methodology for evaluating the extent and
effectiveness of the use of the authorities under this
subchapter during such preceding fiscal year.
``(3) A description of the objectives of the Department of
Defense for providing military family housing and military
unaccompanied housing for members of the armed forces.
[[Page 163]]
``Sec. 2885. Expiration of authority
``The authority to enter into a contract under this
subchapter shall expire five years after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1996.''.
(2) The table of subchapters at the beginning of such
chapter is amended by inserting after the item relating to
subchapter III the following new item:
``IV. Alternative Authority for Acquisition and Improvement of Military
Housing.......................................................2871''.
(b) Final Report.--Not later than March 1, 2000, the
Secretary of Defense shall submit to the congressional
defense committees a report on the use by the Secretary of
Defense and the Secretaries of the military departments of
the authorities provided by subchapter IV of chapter 169 of
title 10, United States Code, as added by subsection (a). The
report shall assess the effectiveness of such authority in
providing for the construction and improvement of military
family housing and military unaccompanied housing.
SEC. 2802. EXPANSION OF AUTHORITY FOR LIMITED PARTNERSHIPS
FOR DEVELOPMENT OF MILITARY FAMILY HOUSING.
(a) Participation of Other Military Departments.--(1)
Subsection (a)(1) of section 2837 of title 10, United States
Code, is amended by striking out ``of the naval service'' and
inserting in lieu thereof ``of the armed forces''.
(2) Subsection (b)(1) of such section is amended by
striking out ``of the naval service'' and inserting in lieu
thereof ``of the armed forces''.
(b) Administration.--(1) Subsection (a)(1) of such section
is further amended by striking out ``the Secretary of the
Navy'' in the first sentence and inserting in lieu thereof
``the Secretary of a military department''.
(2) Subsections (a)(2), (b), (c), (g), and (h) of such
section are amended by striking out ``Secretary'' each place
it appears and inserting in lieu thereof ``Secretary
concerned''.
(c) Account.--Subsection (d) of such section is amended to
read as follows:
``(d) Account.--(1) There is hereby established on the
books of the Treasury an account to be known as the `Defense
Housing Investment Account'.
``(2) There shall be deposited into the Account--
``(A) such funds as may be authorized for and appropriated
to the Account;
``(B) any proceeds received by the Secretary concerned from
the repayment of investments or profits on investments of the
Secretary under subsection (a); and
``(C) any unobligated balances which remain in the Navy
Housing Investment Account as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1996.
``(3) From such amounts as are provided in advance in
appropriation Acts, funds in the Account shall be available
to the Secretaries concerned in amounts determined by the
Secretary of Defense for contracts, investments, and expenses
necessary for the implementation of this section.
``(4) The Secretary concerned may not enter into a contract
in connection with a limited partnership under subsection (a)
or a collateral incentive agreement under subsection (b)
unless a sufficient amount of the unobligated balance of the
funds in the Account is available to the Secretary, as of the
time the contract is entered into, to satisfy the total
obligations to be incurred by the United States under the
contract.''.
(d) Termination of Navy Housing Investment Board.--Such
section is further amended--
(1) by striking out subsection (e); and
(2) in subsection (h)--
(A) by striking out ``Authorities'' in the subsection
heading and inserting in lieu thereof ``Authority'';
(B) by striking out ``(1)''; and
(C) by striking out paragraph (2).
(e) Report.--Subsection (f) of such section is amended--
(1) by striking out ``the Secretary carries out
activities'' and inserting in lieu thereof ``activities are
carried out''; and
(2) by striking out ``the Secretary shall'' and inserting
in lieu thereof ``the Secretaries concerned shall jointly''.
(f) Extension of Authority.--Subsection (h) of such section
is further amended by striking out ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2000''.
(g) Conforming Amendment.--Subsection (g) of such section
is further amended by striking out ``Navy'' in the subsection
heading.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
SEC. 2811. SPECIAL THRESHOLD FOR UNSPECIFIED MINOR
CONSTRUCTION PROJECTS TO CORRECT LIFE, HEALTH,
OR SAFETY DEFICIENCIES.
(a) Special Threshold.--Section 2805 of title 10, United
States Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``However, if the military
construction project is intended solely to correct a
deficiency that is life-threatening, health-threatening, or
safety-threatening, a minor military construction project may
have an approved cost equal to or less than $3,000,000.'';
and
(2) in subsection (c)(1), by striking out ``not more than
$300,000.'' and inserting in lieu thereof ``not more than--
``(A) $1,000,000, in the case of an unspecified military
construction project intended solely to correct a deficiency
that is life-threatening, health-threatening, or safety-
threatening; or
``(B) $300,000, in the case of any other unspecified
military construction project.''.
(b) Technical Amendment.--Section 2861(b)(6) of such title
is amended by striking out ``section 2805(a)(2)'' and
inserting in lieu thereof ``section 2805(a)(1)''.
SEC. 2812. CLARIFICATION OF SCOPE OF UNSPECIFIED MINOR
CONSTRUCTION AUTHORITY.
Section 2805(a)(1) of title 10, United States Code, as
amended by section 2811 of this Act, is further amended by
striking out ``(1) that is for a single undertaking at a
military installation, and (2)'' in the second sentence.
SEC. 2813. TEMPORARY AUTHORITY TO WAIVE NET FLOOR AREA
LIMITATION FOR FAMILY HOUSING ACQUIRED IN LIEU
OF CONSTRUCTION.
Section 2824(c) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``The
Secretary concerned may waive the limitation set forth in the
preceding sentence to family housing units acquired under
this section during the five-year period beginning on the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 1996.''.
SEC. 2814. REESTABLISHMENT OF AUTHORITY TO WAIVE NET FLOOR
AREA LIMITATION ON ACQUISITION BY PURCHASE OF
CERTAIN MILITARY FAMILY HOUSING.
Section 2826(e) of title 10, United States Code, is amended
by striking out the second sentence.
SEC. 2815. TEMPORARY AUTHORITY TO WAIVE LIMITATIONS ON SPACE
BY PAY GRADE FOR MILITARY FAMILY HOUSING UNITS.
Section 2826 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(i)(1) The Secretary concerned may waive the provisions
of subsection (a) with respect to military family housing
units constructed, acquired, or improved during the five-year
period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996.
``(2) The total number of military family housing units
constructed, acquired, or improved during any fiscal year in
the period referred to in paragraph (1) shall be the total
number of such units authorized by law for that fiscal
year.''.
SEC. 2816. RENTAL OF FAMILY HOUSING IN FOREIGN COUNTRIES.
Section 2828(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking out ``300 units'' in the first sentence and
inserting in lieu thereof ``450 units''; and
(B) by striking out ``220 such units'' in the second
sentence and inserting in lieu thereof ``350 such units'';
and
(2) in paragraph (2), by striking out ``300 units'' and
inserting in lieu thereof ``450 units''.
SEC. 2817. CLARIFICATION OF SCOPE OF REPORT REQUIREMENT ON
COST INCREASES UNDER CONTRACTS FOR MILITARY
FAMILY HOUSING CONSTRUCTION.
Subsection (d) of section 2853 of title 10, United States
Code, is amended to read as follows:
``(d) The limitation on cost increases in subsection (a)
does not apply to the settlement of a contractor claim under
a contract.''.
SEC. 2818. AUTHORITY TO CONVEY DAMAGED OR DETERIORATED
MILITARY FAMILY HOUSING.
(a) Authority.--(1) Subchapter III of chapter 169 of title
10, United States Code, is amended by inserting after section
2854 the following new section:
``Sec. 2854a. Conveyance of damaged or deteriorated military
family housing; use of proceeds
``(a) Authority To Convey.--(1) The Secretary concerned may
convey any family housing facility that, due to damage or
deterioration, is in a condition that is uneconomical to
repair. Any conveyance of a family housing facility under
this section may include a conveyance of the real property
associated with the facility conveyed.
``(2) The authority of this section does not apply to
family housing facilities located at military installations
approved for closure under a base closure law or family
housing facilities located at an installation outside the
United States at which the Secretary of Defense terminates
operations.
``(3) The aggregate total value of the family housing
facilities conveyed by the Department of Defense under the
authority in this subsection in any fiscal year may not
exceed $5,000,000.
``(4) For purposes of this subsection, a family housing
facility is in a condition that is uneconomical to repair if
the cost of the necessary repairs for the facility would
exceed the amount equal to 70 percent of the cost of
constructing a family housing facility to replace such
facility.
``(b) Consideration.--(1) As consideration for the
conveyance of a family housing facility under subsection (a),
the person to whom the facility is conveyed shall pay the
United States an amount equal to the fair market value of the
facility conveyed, including any real property conveyed along
with the facility.
``(2) The Secretary concerned shall determine the fair
market value of any family housing facility and associated
real property that is conveyed under subsection (a). Such
determination shall be final.
``(c) Notice and Wait Requirements.--The Secretary
concerned may not enter into an
[[Page 164]]
agreement to convey a family housing facility under this
section until--
``(1) the Secretary submits to the appropriate committees
of Congress, in writing, a justification for the conveyance
under the agreement, including--
``(A) an estimate of the consideration to be provided the
United States under the agreement;
``(B) an estimate of the cost of repairing the family
housing facility to be conveyed; and
``(C) an estimate of the cost of replacing the family
housing facility to be conveyed; and
``(2) a period of 21 calendar days has elapsed after the
date on which the justification is received by the
committees.
``(d) Inapplicability of Certain Property Disposal Laws.--
The following provisions of law do not apply to the
conveyance of a family housing facility under this section:
``(1) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(2) Title V of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411 et seq.).
``(e) Use of Proceeds.--(1) The proceeds of any conveyance
of a family housing facility under this section shall be
credited to the appropriate fund established under section
2883 of this title and shall be available--
``(A) to construct family housing units to replace the
family housing facility conveyed under this section, but only
to the extent that the number of units constructed with such
proceeds does not exceed the number of units of military
family housing of the facility conveyed;
``(B) to repair or restore existing military family
housing; and
``(C) to reimburse the Secretary concerned for the costs
incurred by the Secretary in conveying the family housing
facility.
``(2) Notwithstanding section 2883(d) of this title,
proceeds derived from a conveyance of a family housing
facility under this section shall be available under
paragraph (1) without any further appropriation.
``(f) Description of Property.--The exact acreage and legal
description of any family housing facility conveyed under
this section, including any real property associated with
such facility, shall be determined by such means as the
Secretary concerned considers satisfactory, including by
survey in the case of real property.
``(g) Additional Terms and Conditions.--The Secretary
concerned may require such additional terms and conditions in
connection with the conveyance of family housing facilities
under this section as the Secretary considers appropriate to
protect the interests of the United States.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 2854 the following new item:
``2854a. Conveyance of damaged or deteriorated military family housing;
use of proceeds.''.
(b) Conforming Amendment.--Section 204(h) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
485(h)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) This subsection does not apply to damaged or
deteriorated military family housing facilities conveyed
under section 2854a of title 10, United States Code.''.
SEC. 2819. ENERGY AND WATER CONSERVATION SAVINGS FOR THE
DEPARTMENT OF DEFENSE.
(a) Inclusion of Water Efficient Maintenance in Energy
Performance Plan.--Paragraph (3) of section 2865(a) of title
10, United States Code, is amended by striking out ``energy
efficient maintenance'' and inserting in lieu thereof
``energy efficient maintenance or water efficient
maintenance''.
(b) Scope of Term.--Paragraph (4) of such section is
amended--
(1) in the matter preceding subparagraph (A), by striking
out `` `energy efficient maintenance' '' and inserting in
lieu thereof `` `energy efficient maintenance or water
efficient maintenance' '';
(2) in subparagraph (A), by striking out ``systems or
industrial processes,'' in the matter preceding clause (i)
and inserting in lieu thereof ``systems, industrial
processes, or water efficiency applications,''; and
(3) in subparagraph (B), by inserting ``or water cost
savings'' before the period at the end.
SEC. 2820. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF
LAND FOR SPECIAL OPERATIONS ACTIVITIES.
(a) Extension of Authority.--Subsection (d) of section 2680
of title 10, United States Code, is amended in the first
sentence by striking out ``September 30, 1995'' and inserting
in lieu thereof ``September 30, 2000''.
(b) Reporting Requirement.--Such section is further amended
by adding at the end the following new subsection:
``(e) Reports.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the Committee on the
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report that--
``(1) identifies each leasehold interest acquired during
the previous fiscal year under subsection (a); and
``(2) contains a discussion of each project for the
construction or modification of facilities carried out
pursuant to subsection (c) during such fiscal year.''.
(c) Conforming Repeal.--Section 2863 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 2680 note) is amended by
striking out subsection (b).
SEC. 2821. DISPOSITION OF AMOUNTS RECOVERED AS A RESULT OF
DAMAGE TO REAL PROPERTY.
(a) In General.--Chapter 165 of title 10, United States
Code, is amended by inserting after section 2781 the
following new section:
``Sec. 2782. Damage to real property: disposition of amounts
recovered
``Except as provided in section 2775 of this title, amounts
recovered for damage caused to real property under the
jurisdiction of the Secretary of a military department or,
with respect to the Defense Agencies, under the jurisdiction
of the Secretary of Defense shall be credited to the account
available for the repair or replacement of the real property
at the time of recovery. In such amounts as are provided in
advance in appropriation Acts, amounts so credited shall be
available for use for the same purposes and under the same
circumstances as other funds in the account.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2781 the following new item:
``2782. Damage to real property: disposition of amounts recovered.''.
SEC. 2822. PILOT PROGRAM TO PROVIDE INTEREST RATE BUY DOWN
AUTHORITY ON LOANS FOR HOUSING WITHIN HOUSING
SHORTAGE AREAS AT MILITARY INSTALLATIONS.
(a) Short Title.--This section may be cited as the
``Military Housing Assistance Act of 1995''.
(b) Mortgage Assistance Payment Authority of the Secretary
of Veterans Affairs.--(1) Chapter 37 of title 38, United
States Code, is amended by inserting after section 3707 the
following:
``Sec. 3708. Authority to buy down interest rates: pilot
program
``(a) In order to enable the purchase of housing in areas
where the supply of suitable military housing is inadequate,
the Secretary may conduct a pilot program under which the
Secretary may make periodic or lump sum assistance payments
on behalf of an eligible veteran for the purpose of buying
down the interest rate on a loan to that veteran that is
guaranteed under this chapter for a purpose described in
paragraph (1), (6), or (10) of section 3710(a) of this title.
``(b) An individual is an eligible veteran for the purposes
of this section if--
``(1) the individual is a veteran, as defined in section
3701(b)(4) of this title;
``(2) the individual submits an application for a loan
guaranteed under this chapter within one year of an
assignment of the individual to duty at a military
installation in the United States designated by the Secretary
of Defense as a housing shortage area;
``(3) at the time the loan referred to in subsection (a) is
made, the individual is an enlisted member, warrant officer,
or an officer (other than a warrant officer) at a pay grade
of O-3 or below;
``(4) the individual has not previously used any of the
individual's entitlement to housing loan benefits under this
chapter; and
``(5) the individual receives comprehensive prepurchase
counseling from the Secretary (or the designee of the
Secretary) before making application for a loan guaranteed
under this chapter.
``(c) Loans with respect to which the Secretary may
exercise the buy down authority under subsection (a) shall--
``(1) provide for a buy down period of not more than three
years in duration;
``(2) specify the maximum and likely amounts of increases
in mortgage payments that the loans would require; and
``(3) be subject to such other terms and conditions as the
Secretary may prescribe by regulation.
``(d) The Secretary shall promulgate underwriting standards
for loans for which the interest rate assistance payments may
be made under subsection (a). Such standards shall be based
on the interest rate for the second year of the loan.
``(e) The Secretary or lender shall provide comprehensive
prepurchase counseling to eligible veterans explaining the
features of interest rate buy downs under subsection (a),
including a hypothetical payment schedule that displays the
increases in monthly payments to the mortgagor over the first
five years of the mortgage term. For the purposes of this
subsection, the Secretary may assign personnel to military
installations referred to in subsection (b)(2).
``(f) There is authorized to be appropriated $3,000,000
annually to carry out this section.
``(g) The Secretary may not guarantee a loan under this
chapter after September 30, 1998, on which the Secretary is
obligated to make payments under this section.''.
(2) The table of sections at the beginning of chapter 37 of
title 38, United States Code, is amended by inserting after
the item relating to section 3707 to following new item:
``3708. Authority to buy down interest rates: pilot program.''.
(c) Authority of Secretary of Defense.--
(1) Reimbursement for buy down costs.--The Secretary of
Defense shall reimburse the Secretary of Veterans Affairs for
amounts paid by the Secretary of Veterans Affairs to
mortgagees under section 3708 of title 38, United States
Code, as added by subsection (b).
(2) Designation of housing shortage areas.--For purposes of
section 3708 of title
[[Page 165]]
38, United States Code, the Secretary of Defense may
designate as a housing shortage area a military installation
in the United States at which the Secretary determines there
is a shortage of suitable housing to meet the military family
needs of members of the Armed Forces and the dependents of
such members.
(3) Report.--Not later than March 30, 1998, the Secretary
shall submit to Congress a report regarding the effectiveness
of the authority provided in section 3708 of title 38, United
States Code, in ensuring that members of the Armed Forces and
their dependents have access to suitable housing. The report
shall include the recommendations of the Secretary regarding
whether the authority provided in this subsection should be
extended beyond the date specified in paragraph (5).
(4) Earmark.--Of the amount provided in section
2405(a)(11)(B), $10,000,000 for fiscal year 1996 shall be
available to carry out this subsection.
(5) Sunset.--This subsection shall not apply with respect
to housing loans guaranteed after September 30, 1998, for
which assistance payments are paid under section 3708 of
title 38, United States Code.
Subtitle C--Defense Base Closure and Realignment
SEC. 2831. DEPOSIT OF PROCEEDS FROM LEASES OF PROPERTY
LOCATED AT INSTALLATIONS BEING CLOSED OR
REALIGNED.
(a) Exception to Existing Requirements.--Section 2667(d) of
title 10, United States Code, is amended--
(1) in paragraph (1)(A)(ii), by inserting ``or (5)'' after
``paragraph (4)''; and
(2) by adding at the end the following new paragraph:
``(5) Money rentals received by the United States from a
lease under subsection (f) shall be deposited into the
account established under section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).''.
(b) Corresponding Amendments to Base Closure Laws.--(1)
Section 207(a)(7) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) is amended by striking out ``transfer or
disposal'' and inserting in lieu thereof ``lease, transfer,
or disposal''.
(2) Section 2906(a)(2) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2867 note) is amended--
(A) in subparagraph (C), by striking out ``transfer or
disposal'' and inserting in lieu thereof ``lease, transfer,
or disposal''; and
(B) in subparagraph (D), by striking out ``transfer or
disposal'' and inserting in lieu thereof ``lease, transfer,
or disposal''.
SEC. 2832. IN-KIND CONSIDERATION FOR LEASES AT INSTALLATIONS
TO BE CLOSED OR REALIGNED.
Section 2667(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The Secretary concerned may accept under subsection
(b)(5) services of a lessee for an entire installation to be
closed or realigned under a base closure law, or for any part
of such installation, without regard to the requirement in
subsection (b)(5) that a substantial part of the installation
be leased.''.
SEC. 2833. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE OR
REALIGNMENT.
Section 2667(f) of title 10, United States Code, is amended
by adding after paragraph (4), as added by section 2832 of
this Act, the following new paragraph:
``(5)(A) Notwithstanding the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the scope of any
environmental impact analysis necessary to support an interim
lease of property under this subsection shall be limited to
the environmental consequences of activities authorized under
the proposed lease and the cumulative impacts of other past,
present, and reasonably foreseeable future actions during the
period of the proposed lease.
``(B) Interim leases entered into under this subsection
shall be deemed not to prejudice the final disposal decision
with respect to the property, even if final disposal of the
property is delayed until completion of the term of the
interim lease. An interim lease under this subsection shall
not be entered into without prior consultation with the
redevelopment authority concerned.
``(C) Subparagraphs (A) and (B) shall not apply to an
interim lease under this subsection if authorized activities
under the lease would--
``(i) significantly affect the quality of the human
environment; or
``(ii) irreversibly alter the environment in a way that
would preclude any reasonable disposal alternative of the
property concerned.''.
SEC. 2834. AUTHORITY TO LEASE PROPERTY REQUIRING
ENVIRONMENTAL REMEDIATION AT INSTALLATIONS
APPROVED FOR CLOSURE OR REALIGNMENT.
Section 120(h)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)) is amended in the matter following subparagraph
(C)--
(1) by striking out the first sentence; and
(2) by adding at the end, flush to the paragraph margin,
the following:
``The requirements of subparagraph (B) shall not apply in any
case in which the person or entity to whom the real property
is transferred is a potentially responsible party with
respect to such property. The requirements of subparagraph
(B) shall not apply in any case in which the transfer of the
property occurs or has occurred by means of a lease, without
regard to whether the lessee has agreed to purchase the
property or whether the duration of the lease is longer than
55 years. In the case of a lease entered into after September
30, 1995, with respect to real property located at an
installation approved for closure or realignment under a base
closure law, the agency leasing the property, in consultation
with the Administrator, shall determine before leasing the
property that the property is suitable for lease, that the
uses contemplated for the lease are consistent with
protection of human health and the environment, and that
there are adequate assurances that the United States will
take all remedial action referred to in subparagraph (B) that
has not been taken on the date of the lease.''.
SEC. 2835. FINAL FUNDING FOR DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION.
Section 2902(k) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) is amended by adding at the end the
following new paragraph:
``(3)(A) The Secretary may transfer not more than $300,000
from unobligated funds in the account referred to in
subparagraph (B) for the purpose of assisting the Commission
in carrying out its duties under this part during October,
November, and December 1995. Funds transferred under the
preceding sentence shall remain available until December 31,
1995.
``(B) The account referred to in subparagraph (A) is the
Department of Defense Base Closure Account established under
section 207(a) of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).''.
SEC. 2836. EXERCISE OF AUTHORITY DELEGATED BY THE
ADMINISTRATOR OF GENERAL SERVICES.
Section 2905(b)(2) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by striking out ``Subject to subparagraph (C)'' in the
matter preceding clause (i) and inserting in lieu thereof
``Subject to subparagraph (B)''; and
(B) by striking out ``in effect on the date of the
enactment of this Act'' each place it appears in clauses (i)
and (ii);
(2) by striking out subparagraphs (B) and (C) and inserting
in lieu thereof the following new subparagraph (B):
``(B) The Secretary may, with the concurrence of the
Administrator of General Services--
``(i) prescribe general policies and methods for utilizing
excess property and disposing of surplus property pursuant to
the authority delegated under paragraph (1); and
``(ii) issue regulations relating to such policies and
methods, which shall supersede the regulations referred to in
subparagraph (A) with respect to that authority.''; and
(3) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
SEC. 2837. LEASE BACK OF PROPERTY DISPOSED FROM INSTALLATIONS
APPROVED FOR CLOSURE OR REALIGNMENT.
(a) Authority.--Section 2905(b)(4) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this
part (including property at an installation approved for
realignment which will be retained by the Department of
Defense or another Federal agency after realignment) to the
redevelopment authority for the installation if the
redevelopment authority agrees to lease, directly upon
transfer, one or more portions of the property transferred
under this subparagraph to the Secretary or to the head of
another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this
subparagraph.
``(ii) A lease under clause (i) shall be for a term of not
to exceed 50 years, but may provide for options for renewal
or extension of the term by the department or agency
concerned.
``(iii) A lease under clause (i) may not require rental
payments by the United States.
``(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the
expiration of the term of the lease, the remainder of the
lease term may be satisfied by the same or another department
or agency of the Federal Government using the property for a
use similar to the use under the lease. Exercise of the
authority provided by this clause shall be made in
consultation with the redevelopment authority concerned.''.
(b) Use of Funds To Improve Leased Property.--
Notwithstanding any other provision of law, a department or
agency of the Federal Government that enters into a lease of
property under section 2905(b)(4)(C) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law
[[Page 166]]
101-510; 10 U.S.C. 2687 note), as amended by subsection (a),
may improve the leased property using funds appropriated or
otherwise available to the department or agency for such
purpose.
SEC. 2838. IMPROVEMENT OF BASE CLOSURE AND REALIGNMENT
PROCESS REGARDING DISPOSAL OF PROPERTY.
(a) Applicability.--Subparagraph (A) of section 2905(b)(7)
of the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended to read as follows:
``(A) The disposal of buildings and property located at
installations approved for closure or realignment under this
part after October 25, 1994, shall be carried out in
accordance with this paragraph rather than paragraph (6).''.
(b) Agreements Under Redevelopment Plans.--Subparagraph
(F)(ii)(I) of such section is amended in the second sentence
by striking out ``the approval of the redevelopment plan by
the Secretary of Housing and Urban Development under
subparagraph (H) or (J)'' and inserting in lieu thereof ``the
decision regarding the disposal of the buildings and property
covered by the agreements by the Secretary of Defense under
subparagraph (K) or (L)''.
(c) Revision of Redevelopment Plans.--Subparagraph (I) of
such section is amended--
(1) in clause (i)(II), by inserting ``the Secretary of
Defense and'' before ``the Secretary of Housing and Urban
Development''; and
(2) in clause (ii), by striking out ``the Secretary of
Housing and Urban Development'' and inserting in lieu thereof
``such Secretaries''.
(d) Disposal of Buildings and Property.--(1) Subparagraph
(K) of such section is amended to read as follows:
``(K)(i) Upon receipt of a notice under subparagraph
(H)(iv) or (J)(ii) of the determination of the Secretary of
Housing and Urban Development that a redevelopment plan for
an installation meets the requirements set forth in
subparagraph (H)(i), the Secretary of Defense shall dispose
of the buildings and property at the installation.
``(ii) For purposes of carrying out an environmental
assessment of the closure or realignment of an installation,
the Secretary of Defense shall treat the redevelopment plan
for the installation (including the aspects of the plan
providing for disposal to State or local governments,
representatives of the homeless, and other interested
parties) as part of the proposed Federal action for the
installation.
``(iii) The Secretary of Defense shall dispose of buildings
and property under clause (i) in accordance with the record
of decision or other decision document prepared by the
Secretary in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.). In preparing the
record of decision or other decision document, the Secretary
shall give substantial deference to the redevelopment plan
concerned.
``(iv) The disposal under clause (i) of buildings and
property to assist the homeless shall be without
consideration.
``(v) In the case of a request for a conveyance under
clause (i) of buildings and property for public benefit under
section 203(k) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)) or sections 47151
through 47153 of title 49, United States Code, the sponsoring
Federal agency shall use the eligibility criteria set forth
in such section or such subchapter (as the case may be) to
determine the eligibility of the applicant and use proposed
in the request for the public benefit conveyance. The
determination of such eligibility should be made before
submission of the redevelopment plan concerned under
subparagraph (G).''.
(2) Subparagraph (L) of such section is amended by striking
out clauses (iii) and (iv) and inserting in lieu thereof the
following new clauses (iii) and (iv):
``(iii) Not later than 90 days after the date of the
receipt of a revised plan for an installation under
subparagraph (J), the Secretary of Housing and Urban
Development shall--
``(I) notify the Secretary of Defense and the redevelopment
authority concerned of the buildings and property at an
installation under clause (i)(IV) that the Secretary of
Housing and Urban Development determines are suitable for use
to assist the homeless; and
``(II) notify the Secretary of Defense of the extent to
which the revised plan meets the criteria set forth in
subparagraph (H)(i).
``(iv)(I) Upon notice from the Secretary of Housing and
Urban Development with respect to an installation under
clause (iii), the Secretary of Defense shall dispose of
buildings and property at the installation in consultation
with the Secretary of Housing and Urban Development and the
redevelopment authority concerned.
``(II) For purposes of carrying out an environmental
assessment of the closure or realignment of an installation,
the Secretary of Defense shall treat the redevelopment plan
submitted by the redevelopment authority for the installation
(including the aspects of the plan providing for disposal to
State or local governments, representatives of the homeless,
and other interested parties) as part of the proposed Federal
action for the installation. The Secretary of Defense shall
incorporate the notification of the Secretary of Housing and
Urban Development under clause (iii)(I) as part of the
proposed Federal action for the installation only to the
extent, if any, that the Secretary of Defense considers such
incorporation to be appropriate and consistent with the best
and highest use of the installation as a whole, taking into
consideration the redevelopment plan submitted by the
redevelopment authority.
``(III) The Secretary of Defense shall dispose of buildings
and property under subclause (I) in accordance with the
record of decision or other decision document prepared by the
Secretary in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.). In preparing the
record of decision or other decision document, the Secretary
shall give deference to the redevelopment plan submitted by
the redevelopment authority for the installation.
``(IV) The disposal under subclause (I) of buildings and
property to assist the homeless shall be without
consideration.
``(V) In the case of a request for a conveyance under
subclause (I) of buildings and property for public benefit
under section 203(k) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(k)) or
sections 47151 through 47153 of title 49, United States Code,
the sponsoring Federal agency shall use the eligibility
criteria set forth in such section or such subchapter (as the
case may be) to determine the eligibility of the applicant
and use proposed in the request for the public benefit
conveyance. The determination of such eligibility should be
made before submission of the redevelopment plan concerned
under subparagraph (G).''.
(e) Conforming Amendment.--Subparagraph (M)(i) of such
section is amended by inserting ``or (L)'' after
``subparagraph (K)''.
(f) Clarification of Participants In Process.--Such section
is further amended by adding at the end the following new
subparagraph:
``(P) For purposes of this paragraph, the term `other
interested parties', in the case of an installation, includes
any parties eligible for the conveyance of property of the
installation under section 203(k) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(k)) or
sections 47151 through 47153 of title 49, United States Code,
whether or not the parties assist the homeless.''.
SEC. 2839. AGREEMENTS FOR CERTAIN SERVICES AT INSTALLATIONS
BEING CLOSED.
(a) 1988 Law.--Section 204(b)(8) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
striking out subparagraph (A) and inserting in lieu thereof
the following new subparagraph:
``(A) Subject to subparagraph (C), the Secretary may enter
into agreements (including contracts, cooperative agreements,
or other arrangements for reimbursement) with local
governments for the provision of police or security services,
fire protection services, airfield operation services, or
other community services by such governments at military
installations to be closed under this title if the Secretary
determines that the provision of such services under such
agreements is in the best interests of the Department of
Defense.''.
(b) 1990 Law.--Section 2905(b)(8) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2867 note) is amended by
striking out subparagraph (A) and inserting in lieu thereof
the following new subparagraph:
``(A) Subject to subparagraph (C), the Secretary may enter
into agreements (including contracts, cooperative agreements,
or other arrangements for reimbursement) with local
governments for the provision of police or security services,
fire protection services, airfield operation services, or
other community services by such governments at military
installations to be closed under this part if the Secretary
determines that the provision of such services under such
agreements is in the best interests of the Department of
Defense.''.
SEC. 2840. AUTHORITY TO TRANSFER PROPERTY AT MILITARY
INSTALLATIONS TO BE CLOSED TO PERSONS WHO
CONSTRUCT OR PROVIDE MILITARY FAMILY HOUSING.
(a) 1988 Law.--Section 204 of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note) is amended by adding at the end
the following new subsection:
``(e) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to
paragraph (2), the Secretary may enter into an agreement to
transfer by deed real property or facilities located at or
near an installation closed or to be closed under this title
with any person who agrees, in exchange for the real property
or facilities, to transfer to the Secretary housing units
that are constructed or provided by the person and located at
or near a military installation at which there is a shortage
of suitable housing to meet the requirements of members of
the Armed Forces and their dependents. The Secretary may not
select real property for transfer under this paragraph if the
property is identified in the redevelopment plan for the
installation as items essential to the reuse or redevelopment
of the installation.
``(2) A transfer of real property or facilities may be made
under paragraph (1) only if--
``(A) the fair market value of the housing units to be
received by the Secretary in exchange for the property or
facilities to be transferred is equal to or greater than the
fair market value of such property or facilities, as
determined by the Secretary; or
``(B) in the event the fair market value of the housing
units is less than the fair market value of property or
facilities to be
[[Page 167]]
transferred, the recipient of the property or facilities
agrees to pay to the Secretary the amount equal to the excess
of the fair market value of the property or facilities over
the fair market value of the housing units.
``(3) Notwithstanding section 207(a)(7), the Secretary may
deposit funds received under paragraph (2)(B) in the
Department of Defense Family Housing Improvement Fund
established under section 2873(a) of title 10, United States
Code.
``(4) The Secretary shall submit to the appropriate
committees of Congress a report describing each agreement
proposed to be entered into under paragraph (1), including
the consideration to be received by the United States under
the agreement. The Secretary may not enter into the agreement
until the end of the 21-day period beginning on the date the
appropriate committees of Congress receive the report
regarding the agreement.
``(5) The Secretary may require any additional terms and
conditions in connection with an agreement authorized by this
subsection as the Secretary considers appropriate to protect
the interests of the United States.''.
(b) 1990 Law.--Section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end
the following new subsection:
``(f) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to
paragraph (2), the Secretary may enter into an agreement to
transfer by deed real property or facilities located at or
near an installation closed or to be closed under this part
with any person who agrees, in exchange for the real property
or facilities, to transfer to the Secretary housing units
that are constructed or provided by the person and located at
or near a military installation at which there is a shortage
of suitable housing to meet the requirements of members of
the Armed Forces and their dependents. The Secretary may not
select real property for transfer under this paragraph if the
property is identified in the redevelopment plan for the
installation as property essential to the reuse or
redevelopment of the installation.
``(2) A transfer of real property or facilities may be made
under paragraph (1) only if--
``(A) the fair market value of the housing units to be
received by the Secretary in exchange for the property or
facilities to be transferred is equal to or greater than the
fair market value of such property or facilities, as
determined by the Secretary; or
``(B) in the event the fair market value of the housing
units is less than the fair market value of property or
facilities to be transferred, the recipient of the property
or facilities agrees to pay to the Secretary the amount equal
to the excess of the fair market value of the property or
facilities over the fair market value of the housing units.
``(3) Notwithstanding paragraph (2) of section 2906(a), the
Secretary may deposit funds received under paragraph (2)(B)
in the Department of Defense Family Housing Improvement Fund
established under section 2873(a) of title 10, United States
Code.
``(4) The Secretary shall submit to the congressional
defense committees a report describing each agreement
proposed to be entered into under paragraph (1), including
the consideration to be received by the United States under
the agreement. The Secretary may not enter into the agreement
until the end of the 30-day period beginning on the date the
congressional defense committees receive the report regarding
the agreement.
``(5) The Secretary may require any additional terms and
conditions in connection with an agreement authorized by this
subsection as the Secretary considers appropriate to protect
the interests of the United States.''.
(c) Regulations.--Not later than nine months after the date
of the enactment of this Act, the Secretary of Defense shall
prescribe any regulations necessary to carry out subsection
(e) of section 204 of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note), as added by subsection (a), and subsection
(f) of section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), as added by subsection (b).
SEC. 2841. USE OF SINGLE BASE CLOSURE AUTHORITIES FOR
DISPOSAL OF PROPERTY AND FACILITIES AT FORT
HOLABIRD, MARYLAND.
(a) Consolidation of Base Closure Authorities.--In the case
of the property and facilities at Fort Holabird, Maryland,
described in subsection (b), the Secretary of Defense shall
dispose of such property and facilities in accordance with
section 2905(b)(7) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), as amended by section 2838 of
this Act.
(b) Covered Property and Facilities.--Subsection (a)
applies to the following property and facilities at Fort
Holabird, Maryland:
(1) Property and facilities that were approved for closure
or realignment under title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note), but have not been disposed of
as of the date of the enactment of this Act, including
buildings 305 and 306 and the parking lots and other property
associated with such buildings.
(2) Property and facilities that were approved in 1995 for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(c) Use of Surveys and Other Evaluations of Property.--In
carrying out the disposal of the property and facilities
referred to in subsection (b)(1), the Secretary shall utilize
any surveys and other evaluations of such property and
facilities that were prepared by the Corps of Engineers
before the date of the enactment of this Act as part of the
process for the disposal of such property and facilities.
Subtitle D--Land Conveyances Generally
PART I--ARMY CONVEYANCES
SEC. 2851. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.
(a) Transfer of Land for National Cemetery.--The Secretary
of the Army may transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property (including any improvements
thereon) consisting of approximately 53 acres and comprising
a portion of Fort Sam Houston, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall
use the real property transferred under subsection (a) as a
national cemetery under chapter 24 of title 38, United States
Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne
by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.
SEC. 2852. TRANSFER OF JURISDICTION, FORT BLISS, TEXAS.
(a) Transfer of Land for National Cemetery.--The Secretary
of the Army may transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property (including any improvements
thereon) consisting of approximately 22 acres and comprising
a portion of Fort Bliss, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall
use the real property transferred under subsection (a) as an
addition to the Fort Bliss National Cemetery and administer
such real property pursuant to chapter 24 of title 38, United
States Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne
by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.
SEC. 2853. TRANSFER OF JURISDICTION AND LAND CONVEYANCE, FORT
DEVENS MILITARY RESERVATION, MASSACHUSETTS.
(a) Transfer of Land for Wildlife Refuge.--Subject to
subsections (b) and (c), the Secretary of the Army shall
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior that portion of
Fort Devens Military Reservation, Massachusetts, that is
situated south of Massachusetts State Route 2, for inclusion
in the Oxbow National Wildlife Refuge.
(b) Land Conveyance.--Subject to subsection (c), the
Secretary of the Army shall convey to the Town of Lancaster,
Massachusetts (in this section referred to as the ``Town''),
all right, title, and interest of the United States in and to
a parcel of real property consisting of approximately 100
acres of the parcel available for transfer under subsection
(a) and located adjacent to Massachusetts State Highway 70.
(c) Requirements Relating to Transfer and Conveyance.--(1)
The transfer under subsection (a) and the conveyance under
subsection (b) may not be made unless the property to be
transferred and conveyed is determined to be excess to the
needs of the Department of Defense.
(2) The transfer and conveyance shall be made as soon as
practicable after the date on which the property is
determined to be excess to the needs of the Department of
Defense.
(d) Legal Description.--(1) The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey mutually
satisfactory to the Secretary of the Army and the Secretary
of the Interior. The cost of the survey shall be borne by the
Secretary of the Interior.
(2) The exact acreage and legal description of the real
property to be conveyed under subsection (b) shall be
determined by a survey mutually satisfactory to the Secretary
of the Army, the Secretary of the Interior, and the Board of
Selectmen of the Town. The cost of the survey shall be borne
by the Town.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under subsection (a) and the
conveyance under subsection (b) as the Secretary of the Army
considers appropriate to protect the interests of the United
States.
[[Page 168]]
SEC. 2854. MODIFICATION OF LAND CONVEYANCE, FORT BELVOIR,
VIRGINIA.
(a) Designation of Recipient.--Subsection (a) of section
2821 of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101-189;
103 Stat. 1658) is amended by striking out ``any grantee
selected in accordance with subsection (e)'' and inserting in
lieu thereof ``the County of Fairfax, Virginia (in this
section referred to as the `grantee'),''.
(b) Consideration.--Subsection (b)(1) of such section is
amended by striking out subparagraph (B) and inserting in
lieu thereof the following new subparagraph:
``(B) grant title, free of liens and other encumbrances, to
the Department to such facilities and, if not already owned
by the Department, to the underlying land; and''.
(c) Content of Agreement.--Subsection (c) of such section
is amended to read as follows:
``(c) Content of Agreement.--An agreement entered into
under this section shall include the following:
``(1) A requirement that the grantee construct facilities
and make infrastructure improvements for the Department of
the Army that the Secretary determines are necessary for the
Department at Fort Belvoir and at other sites at which
activities will be relocated as a result of the conveyance
made under this section.
``(2) A requirement that the construction of facilities and
infrastructure improvements referred to in paragraph (1) be
carried out in accordance with plans and specifications
approved by the Secretary.
``(3) A requirement that the Secretary retain a lien or
other security interest against the property conveyed to the
grantee in the amount of the fair market value of the
property, as determined under subsection (b)(2). The
agreement will specify the terms for releasing the lien or
other security interest, in whole or in part. In the event of
default by the County on its obligations under the terms of
the agreement, the Secretary shall enforce the lien or
security interest. The proceeds obtained through enforcing
the lien or security interest may be used by the Secretary to
construct facilities and make infrastructure improvements in
lieu of those provided for in the agreement.''.
(d) Surveys.--Subsection (g) of such section is amended by
striking out the last sentence and inserting in lieu thereof
the following: ``The grantee shall be responsible for
completing any such survey without cost to the United
States.''.
(e) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking out ``Subject to
subsections (b) through (h), the'' and inserting in lieu
thereof ``The'';
(2) in subsection (b)(1), by striking out ``subsection
(c)(1)(D)'' both places it appears and inserting in lieu
thereof ``subsection (c)(1)(A)'';
(3) by striking out subsections (e) and (f); and
(4) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
SEC. 2855. LAND EXCHANGE, FORT LEWIS, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Weyerhaeuser Real Estate Company, Tacoma,
Washington (in this section referred to as ``WRECO''), all
right, title, and interest of the United States in and to a
parcel of real property at Fort Lewis, Washington, known as
an unimproved portion of Tract 1000 (formerly being in the
DuPont Steilacoom Road, consisting of approximately 1.23
acres), and Tract 26E (consisting of 0.03 acre).
(b) Consideration.--As consideration for the conveyance
authorized by subsection (a), WRECO shall convey or cause to
be conveyed to the United States, by warranty deed acceptable
to the Secretary, a 0.39 acre parcel of real property located
adjacent to Fort Lewis, Washington, together with other
consideration acceptable to the Secretary. The total
consideration conveyed to the United States shall not be less
than the fair market value of the land conveyed under
subsection (a).
(c) Determination of Fair Market Value.--The determinations
of the Secretary regarding the fair market values of the
parcels of real property and improvements to be conveyed
pursuant to subsections (a) and (b) shall be final.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
pursuant to subsections (a) and (b) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by WRECO.
(e) Effect on Existing Reversionary Interest.--The
Secretary may enter into an agreement with the appropriate
officials of Pierce County, Washington, under which--
(1) the existing reversionary interest of Pierce County in
the lands to be conveyed by the United States under
subsection (a) is extinguished; and
(2) the conveyance to the United States under subsection
(b) is made subject to a similar reversionary interest in
favor of Pierce County in the lands conveyed under such
subsection.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2856. LAND EXCHANGE, ARMY RESERVE CENTER, GAINESVILLE,
GEORGIA.
(a) Land Exchange Authorized.--The Secretary of the Army
may convey to the City of Gainesville, Georgia (in this
section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real
property, together with any improvements thereon, consisting
of approximately 4.2 acres and located on Shallowford Road in
Gainesville, Georgia, the site of the Army Reserve Center,
Gainesville, Georgia.
(b) Consideration.--As consideration for the conveyance
authorized by subsection (a), the City shall--
(1) convey to the United States all right, title, and
interest in and to a parcel of real property consisting of
approximately 8 acres located in the Atlas Industrial Park,
Gainesville, Georgia, that is acceptable to the Secretary;
(2) design and construct on such real property suitable
facilities (as determined by the Secretary) for training
activities of the Army Reserve to replace facilities conveyed
under subsection (a);
(3) carry out, at cost to the City, any environmental
assessments and any other studies, analyses, and assessments
that may be required under Federal law in connection with the
land conveyances under subsection (a) and paragraph (1) and
the construction under paragraph (2);
(4) pay the Secretary the amount (as determined by the
Secretary) equal to the cost of relocating Army Reserve units
from the real property to be conveyed under subsection (a) to
the replacement facilities to be constructed under paragraph
(2); and
(5) if the fair market value of the real property conveyed
by the Secretary under subsection (a) exceeds the fair market
value of the consideration provided by the City under
paragraphs (1) through (4), pay the United States the amount
equal to the amount of such excess.
(c) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property to
be conveyed under subsection (a) and of the consideration to
be furnished by the City under subsection (b). Such
determination shall be final.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
under subsections (a) and (b) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances authorized by this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2857. LAND CONVEYANCE, HOLSTON ARMY AMMUNITION PLANT,
MOUNT CARMEL, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without reimbursement, to the City of Mount Carmel,
Tennessee (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 6.5 acres located at Holston Army
Ammunition Plant, Tennessee. The property is located adjacent
to the Mount Carmel Cemetery and is intended for expansion of
the cemetery.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2858. LAND CONVEYANCE, INDIANA ARMY AMMUNITION PLANT,
CHARLESTOWN, INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Indiana (in
this section referred to as the ``State''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, that consists
of approximately 1125 acres at the inactivated Indiana Army
Ammunition Plant in Charlestown, Indiana, and is the subject
of a 25-year lease between the Secretary and the State.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the State use the conveyed property for recreational
purposes.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the State.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2859. LAND CONVEYANCE, FORT ORD, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Seaside, California (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property
(including improvements thereon) consisting of approximately
477 acres located in Monterey County, California, and
comprising a portion of the former Fort Ord Military Complex.
The real property to be conveyed to the City includes
[[Page 169]]
the two Fort Ord Golf Courses, Black Horse and Bayonet, and a
portion of the Hayes Housing Facilities.
(b) Consideration.--As consideration for the conveyance of
the real property and improvements under subsection (a), the
City shall pay to the United States an amount equal to the
fair market value of the property to be conveyed, as
determined by the Secretary.
(c) Use and Deposit of Proceeds.--(1) From the funds paid
by the City under subsection (b), the Secretary shall deposit
in the Morale, Welfare, and Recreation Fund Account of the
Department of the Army such amounts as may be necessary to
cover morale, welfare, and recreation activities at Army
installations in the general vicinity of Fort Ord during
fiscal years 1996 through 2000. The amount deposited by the
Secretary into the Account shall not exceed the fair market
value, as established under subsection (b), of the two Fort
Ord Golf Courses conveyed under subsection (a). The Secretary
shall notify Congress of the amount to be deposited not later
than 90 days after the date of the conveyance.
(2) The Secretary shall deposit the balance of any funds
paid by the City under subsection (b), after deducting the
amount deposited under paragraph (1), in the Department of
Defense Base Closure Account 1990.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey mutually
satisfactory to the Secretary and the City. The cost of the
survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2860. LAND CONVEYANCE, PARKS RESERVE FORCES TRAINING
AREA, DUBLIN, CALIFORNIA.
(a) Conveyance Authorized.--(1) Except as provided in
paragraph (2), the Secretary of the Army may convey to the
County of Alameda, California (in this section referred to as
the ``County''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 42 acres
located at Parks Reserve Forces Training Area, Dublin,
California.
(2) The conveyance authorized by this section shall not
include any oil, gas, or mineral interest of the United
States in the real property to be conveyed.
(b) Consideration.--(1) As consideration for the conveyance
under subsection (a)(1), the County shall provide the Army
with the following services at the portion of Parks Reserve
Forces Training Area retained by the Army:
(A) Relocation of the main gate of the retained Training
Area from Dougherty Road to Dublin Boulevard across from the
Bay Area Rapid Transit District East Dublin station,
including the closure of the existing main gate on Dougherty
Road, construction of a security facility, and construction
of a roadway from the new entrance to Fifth Street.
(B) Enclosing and landscaping of the southern boundary of
the retained Training Area installation located northerly of
Dublin Boulevard.
(C) Enclosing and landscaping of the eastern boundary of
the retained Training Area from Dublin Boulevard to Gleason
Drive.
(D) Resurfacing of roadways within the retained Training
Area.
(E) Provision of such other services in connection with the
retained Training Area, including relocation or
reconstruction of water lines, relocation or reconstruction
of sewer lines, construction of drainage improvements, and
construction of buildings, as the Secretary and the County
may determine to be appropriate.
(F) Provision for and funding of any environmental
mitigation that is necessary as a result of a change in use
of the conveyed property by the County.
(2) The detailed specifications for the services to be
provided under paragraph (1) may be determined and approved
on behalf of the Secretary by the Commander of Parks Reserve
Forces Training Area. The preparation costs of such
specifications shall be borne by the County.
(3) The fair market value of improvements and services
received by the United States from the County under paragraph
(1) must be equal to or exceed the appraised fair market
value of the real property to be conveyed under subsection
(a)(1). The appraisal of the fair market value of the
property shall be subject to the Secretary's review and
approval.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the County.
(d) Time for Transfer of Title.--The transfer of title to
the County under subsection (a)(1) may be executed by the
Secretary only upon the satisfactory guarantee by the County
of completion of the services to be provided under subsection
(b).
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a)(1) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2861. LAND CONVEYANCE, ARMY RESERVE CENTER, YOUNGSTOWN,
OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Youngstown,
Ohio (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of excess real property, including improvements
thereon, that is located at 399 Miller Street in Youngstown,
Ohio, and contains the Kefurt Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City retain the conveyed property for the use and benefit
of the Youngstown Fire Department.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2862. LAND CONVEYANCE, ARMY RESERVE PROPERTY, FORT
SHERIDAN, ILLINOIS.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Army may convey to any transferee selected
under subsection (g) all right, title, and interest of the
United States in and to a parcel of real property (including
improvements thereon) at Fort Sheridan, Illinois, consisting
of approximately 114 acres and comprising an Army Reserve
area.
(b) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(c) Consideration.--(1) As consideration for the conveyance
under subsection (a), the transferee selected under
subsection (g) shall--
(A) convey to the United States a parcel of real property
that meets the requirements of subsection (d);
(B) design for and construct on the property conveyed under
subparagraph (A) such facilities (including support
facilities and infrastructure) to replace the facilities
conveyed pursuant to the authority in subsection (a) as the
Secretary considers appropriate; and
(C) pay the cost of relocating Army personnel in the
facilities located on the real property conveyed pursuant to
the authority in subsection (a) to the facilities constructed
under subparagraph (B).
(2) The Secretary shall ensure that the fair market value
of the consideration provided by the transferee under
paragraph (1) is not less than the fair market value of the
real property conveyed by the Secretary under subsection (a).
(d) Requirements Relating to Property To Be Conveyed to
United States.--The real property conveyed to the United
States under subsection (c)(1)(A) by the transferee selected
under subsection (g) shall--
(1) be located not more than 25 miles from Fort Sheridan;
(2) be located in a neighborhood or area having social and
economic conditions similar to the social and economic
conditions of the area in which Fort Sheridan is located; and
(3) be acceptable to the Secretary.
(e) Interim Relocation of Army Personnel.--Pending
completion of the construction of all the facilities proposed
to be constructed under subsection (c)(1)(B) by the
transferee selected under subsection (g), the Secretary may
relocate Army personnel in the facilities located on the
property to be conveyed pursuant to the authority in
subsection (a) to the facilities that have been constructed
by the transferee under such subsection (c)(1)(B).
(f) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property to
be conveyed under subsection (a) and of the consideration to
be provided under subsection (c)(1). Such determination shall
be final.
(g) Selection of Transferee.--(1) The Secretary shall use
competitive procedures for the selection of a transferee
under subsection (a).
(2) In evaluating the offers of prospective transferees,
the Secretary shall--
(A) consider such criteria as the Secretary considers to be
appropriate to determine whether prospective transferees will
be able to satisfy the consideration requirements specified
in subsection (c)(1); and
(B) consult with the communities and jurisdictions in the
vicinity of Fort Sheridan (including the City of Lake Forest,
the City of Highwood, and the City of Highland Park and the
County of Lake, Illinois) in order to determine the most
appropriate use of the property to be conveyed.
(h) Descriptions of Property.--The exact acreage and legal
descriptions of the real property to be conveyed by the
Secretary under subsection (a) and the real property to be
conveyed under subsection (c)(1)(A) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the transferee selected under subsection
(g).
(i) Additional Terms and Conditions.--The Secretary may
require such additional
[[Page 170]]
terms and conditions in connection with the conveyances under
this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, PROPERTY UNDERLYING CUMMINS
APARTMENT COMPLEX, FORT HOLABIRD, MARYLAND.
(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Secretary of the Army may convey to the
existing owner of the improvements thereon all right, title,
and interest of the United States in and to a parcel of real
property underlying the Cummins Apartment Complex at Fort
Holabird, Maryland, that consists of approximately 6 acres,
and any interest the United States may have in the
improvements thereon.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the owner of the improvements referred
to in that subsection shall provide compensation to the
United States in an amount equal to the fair market value (as
determined by the Secretary) of the property interest to be
conveyed.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey that is
satisfactory to the Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2864. MODIFICATION OF EXISTING LAND CONVEYANCE, ARMY
PROPERTY, HAMILTON AIR FORCE BASE, CALIFORNIA.
(a) Application of Section.--The authority provided in
subsection (b) shall apply only in the event that the
purchaser purchases only a portion of the Sale Parcel
referred to in section 9099 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1924)
and exercises the purchaser's option to withdraw from the
sale as to the rest of the Sale Parcel.
(b) Conveyance Authority in Event of Partial Sale.--The
Secretary of the Army may convey to the City of Novato,
California (in this section referred to as the ``City'')--
(1) that portion of the Sale Parcel (other than Landfill 26
and an appropriate buffer area around it and the groundwater
treatment facility site) that is not purchased as provided in
subsection (a); and
(2) any of the land referred to in subsection (e) of such
section 9099 that is not purchased by the purchaser.
(c) Consideration and Conditions on Conveyance.--The
conveyance under subsection (b) shall be made as a public
benefit transfer to the City for the sum of One Dollar,
subject to the condition that the conveyed property be used
for school, classroom, or other educational purposes or as a
public park or recreation area.
(d) Subsequent Conveyance by the City.--(1) If, within 10
years after the conveyance under subsection (b), the City
conveys all or any part of the conveyed property to a third
party without the use restrictions specified in subsection
(c), the City shall pay to the Secretary of the Army an
amount equal to the proceeds received by the City from the
conveyance, minus the demonstrated reasonable costs of making
the conveyance and of any improvements made by the City to
the property following its acquisition of the land (but only
to the extent such improvements increase the value of the
property conveyed). The Secretary of the Army shall deliver
into the applicable closing escrow an acknowledgement of
receipt of the proceeds and a release of the reverter right
under subsection (e) as to the affected land, effective upon
such receipt.
(2) Until one year after the completion of the cleanup of
contaminated soil in the Landfill located on the Sale Parcel
and completion of the groundwater treatment facilities, any
conveyance by the City must be at a per-acre price for the
portion sold that is at least equal to the per-acre contract
price paid by the purchaser for the portion of the Sale
Parcel purchased under the Agreement and Modification for the
purchase of the Sale Parcel by the purchaser. Thereafter, any
conveyance by the City must be at a price at least equal to
the fair market value of the portion sold.
(3) This subsection shall not apply to a conveyance by the
City to another public or quasi-public agency for public uses
of the kind described in subsection (c).
(e) Reversion.--If the Secretary of the Army determines
that the City has failed to make a payment as required by
subsection (d)(1) or that any portion of the conveyed
property retained by the City or conveyed under subsection
(d)(3) is not being utilized in accordance with subsection
(c), title to the applicable portion of such property shall
revert to the United States at the election of the
Administrator of the General Services Administration.
(f) Special Conveyance Regarding Building 138 Parcel.--The
Secretary of the Army may convey to the purchaser of the Sale
Parcel the Building 138 parcel, which has been designated by
the parties as Parcel A4. The per-acre price for the portion
conveyed under this subsection shall be at least equal to the
per-acre contract price paid by the purchaser for the portion
of the Sale Parcel purchased under the Agreement and
Modification, dated September 25, 1990, as amended.
PART II--NAVY CONVEYANCES
SEC. 2865. TRANSFER OF JURISDICTION, NAVAL WEAPONS INDUSTRIAL
RESERVE PLANT, CALVERTON, NEW YORK.
(a) Transfer Authorized.--Notwithstanding section 2854 of
the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102-484; 106 Stat. 2626), as
amended by section 2823 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3058), the Secretary of the Navy may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property consisting of approximately 150 acres located
adjacent to the Calverton National Cemetery, Calverton, New
York, and comprising a portion of the buffer zone of the
Naval Weapons Industrial Reserve Plant, Calverton, New York.
(b) Use of Property.--The Secretary of Veterans Affairs
shall use the real property transferred under subsection (a)
as an addition to the Calverton National Cemetery and
administer such real property pursuant to chapter 24 of title
38, United States Code.
(c) Survey.--The cost of any survey necessary for the
transfer of jurisdiction of the real property described in
subsection (a) from the Secretary of the Navy to the
Secretary of Veterans Affairs shall be borne by the Secretary
of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Navy considers appropriate to protect the
interests of the United States.
SEC. 2866. MODIFICATION OF LAND CONVEYANCE, NAVAL WEAPONS
INDUSTRIAL RESERVE PLANT, CALVERTON, NEW YORK.
(a) Removal of Reversionary Interest; Addition of Lease
Authority.--Subsection (c) of section 2833 of the Military
Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 108 Stat. 3061) is amended to read
as follows:
``(c) Lease Authority.--Until such time as the real
property described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the Community Development Agency in exchange for
security services, fire protection services, and maintenance
services provided by the Community Development Agency for the
property.''.
(b) Conforming Amendment.--Subsection (e) of such section
is amended by striking out ``subsection (a)'' and inserting
in lieu thereof ``subsection (a) or a lease under subsection
(c)''.
SEC. 2867. LAND CONVEYANCE ALTERNATIVE TO EXISTING LEASE
AUTHORITY, NAVAL SUPPLY CENTER, OAKLAND,
CALIFORNIA.
Section 2834(b) of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102-484;
106 Stat. 2614), as amended by section 2833 of the Military
Construction Authorization Act for Fiscal Year 1994 (division
B of Public Law 103-160; 107 Stat. 1896) and section 2821 of
the Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103-337; 108 Stat. 3057), is
further amended by adding at the end the following new
paragraphs:
``(4) In lieu of entering into a lease under paragraph (1),
or in place of an existing lease under that paragraph, the
Secretary may convey, without consideration, the property
described in that paragraph to the City of Oakland,
California, the Port of Oakland, California, the City of
Alameda, California, or the City of Richmond, California,
under such terms and conditions as the Secretary considers
appropriate.
``(5) The exact acreage and legal description of any
property conveyed under paragraph (4) shall be determined by
a survey satisfactory to the Secretary. The cost of each
survey shall be borne by the recipient of the property.''.
SEC. 2868. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT, MCGREGOR, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey, without consideration, to the City of McGregor,
Texas (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
containing the Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
(2) After screening the facilities, equipment, and fixtures
(including special tooling and special test equipment)
located on the parcel for other uses by the Department of the
Navy, the Secretary may include in the conveyance under
paragraph (1) any facilities, equipment, and fixtures on the
parcel not to be so used if the Secretary determines that
manufacturing activities requiring the use of such
facilities, equipment, and fixtures are likely to continue or
be reinstated on the parcel after conveyance under paragraph
(1).
(b) Lease Authority.--Until such time as the real property
described in subsection (a)(1) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the City in exchange for security services, fire
protection services, and maintenance services provided by the
City for the property.
(c) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City, directly or through an agreement with a public or
private entity, use the conveyed property (or offer the
conveyed property for
[[Page 171]]
use) for economic redevelopment to replace all or a part of
the economic activity being lost at the parcel.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or a lease under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2869. LAND CONVEYANCE, NAVAL SURFACE WARFARE CENTER,
MEMPHIS, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Memphis and Shelby County Port Commission,
Memphis, Tennessee (in this section referred to as the
``Port''), all right, title, and interest of the United
States in and to a parcel of real property (including any
improvements thereon) consisting of approximately 26 acres
that is located at the Carderock Division, Naval Surface
Warfare Center, Memphis Detachment, Presidents Island,
Memphis, Tennessee.
(b) Consideration.--As consideration for the conveyance of
real property under subsection (a), the Port shall--
(1) grant to the United States a restrictive easement in
and to a parcel of real property consisting of approximately
100 acres that is adjacent to the Memphis Detachment,
Presidents Island, Memphis, Tennessee; and
(2) if the fair market value of the easement granted under
paragraph (1) is less than the fair market value of the real
property conveyed under subsection (a), provide the United
States such additional consideration as the Secretary and the
Port jointly determine appropriate so that the value of the
consideration received by the United States under this
subsection is equal to or greater than the fair market value
of the real property conveyed under subsection (a).
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be carried out in accordance with the
provisions of the Land Exchange Agreement between the United
States and the Memphis and Shelby County Port Commission,
Memphis, Tennessee.
(d) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property to
be conveyed under subsection (a) and of the easement to be
granted under subsection (b)(1). Such determinations shall be
final.
(e) Use of Proceeds.--The Secretary shall deposit any
proceeds received under subsection (b)(2) as consideration
for the conveyance of real property authorized under
subsection (a) in the special account established pursuant to
section 204(h)(2) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(h)(2)).
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) and the easement to be granted under
subsection (b)(1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the Port.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized by subsection (a) and the
easement granted under subsection (b)(1) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2870. LAND CONVEYANCE, NAVY PROPERTY, FORT SHERIDAN,
ILLINOIS.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretary of the Navy may convey to any transferee selected
under subsection (i) all right, title, and interest of the
United States in and to a parcel of real property (including
any improvements thereon) at Fort Sheridan, Illinois,
consisting of approximately 182 acres and comprising the Navy
housing areas at Fort Sheridan.
(b) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(c) Consideration.--(1) As consideration for the conveyance
under subsection (a), the transferee selected under
subsection (i) shall--
(A) convey to the United States a parcel of real property
that meets the requirements of subsection (d);
(B) design for and construct on the property conveyed under
subparagraph (A) such housing facilities (including support
facilities and infrastructure) to replace the housing
facilities conveyed pursuant to the authority in subsection
(a) as the Secretary considers appropriate;
(C) pay the cost of relocating members of the Armed Forces
residing in the housing facilities located on the real
property conveyed pursuant to the authority in subsection (a)
to the housing facilities constructed under subparagraph (B);
(D) provide for the education of dependents of such members
under subsection (e); and
(E) carry out such activities for the operation,
maintenance, and improvement of the facilities constructed
under subparagraph (B) as the Secretary and the transferee
jointly determine appropriate.
(2) The Secretary shall ensure that the fair market value
of the consideration provided by the transferee under
paragraph (1) is not less than the fair market value of the
property interest conveyed by the Secretary under subsection
(a).
(d) Requirements Relating to Property To Be Conveyed to
United States.--The property interest conveyed to the United
States under subsection (c)(1)(A) by the transferee selected
under subsection (i) shall--
(1) be located not more than 25 miles from the Great Lakes
Naval Training Center, Illinois;
(2) be located in a neighborhood or area having social and
economic conditions similar to the social and economic
conditions of the area in which Fort Sheridan is located; and
(3) be acceptable to the Secretary.
(e) Education of Dependents of Members of the Armed
Forces.--In providing for the education of dependents of
members of the Armed Forces under subsection (c)(1)(D), the
transferee selected under subsection (i) shall ensure that
such dependents may enroll at the schools of one or more
school districts in the vicinity of the real property
conveyed to the United States under subsection (c)(1)(A)
which schools and districts--
(1) meet such standards for schools and schools districts
as the Secretary shall establish; and
(2) will continue to meet such standards after the
enrollment of such dependents regardless of the receipt by
such school districts of Federal impact aid.
(f) Interim Relocation of Members of the Armed Forces.--
Pending completion of the construction of all the housing
facilities proposed to be constructed under subsection
(c)(1)(B) by the transferee selected under subsection (i),
the Secretary may relocate--
(1) members of the Armed Forces residing in housing
facilities located on the property to be conveyed pursuant to
the authority in subsection (a) to the housing facilities
that have been constructed by the transferee under such
subsection (c)(1)(B); and
(2) other Government tenants located on such property to
other facilities.
(g) Applicability of Certain Agreements.--The property
conveyed by the Secretary pursuant to the authority in
subsection (a) shall be subject to the Memorandum of
Understanding concerning the Transfer of Certain Properties
at Fort Sheridan, Illinois, dated August 8, 1991, between the
Department of the Army and the Department of the Navy.
(h) Determination of Fair Market Value.--The Secretary
shall determine the fair market value of the real property
interest to be conveyed under subsection (a) and of the
consideration to be provided under subsection (c)(1). Such
determination shall be final.
(i) Selection of Transferee.--(1) The Secretary shall use
competitive procedures for the selection of a transferee
under subsection (a).
(2) In evaluating the offers of prospective transferees,
the Secretary shall--
(A) consider such criteria as the Secretary considers to be
appropriate to determine whether prospective transferees will
be able to satisfy the consideration requirements specified
in subsection (c)(1); and
(B) consult with the communities and jurisdictions in the
vicinity of Fort Sheridan (including the City of Lake Forest,
the City of Highwood, and the City of Highland Park and the
County of Lake, Illinois) in order to determine the most
appropriate use of the property to be conveyed.
(j) Descriptions of Property.--The exact acreage and legal
descriptions of the real property to be conveyed by the
Secretary under subsection (a) and the real property to be
conveyed under subsection (c)(1)(A) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the transferee selected under subsection
(i).
(k) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2871. LAND CONVEYANCE, NAVAL COMMUNICATIONS STATION,
STOCKTON, CALIFORNIA.
(a) Conveyance Authorized.--Subject to subsection (b), the
Secretrary of the Navy may convey to the Port of Stockton,
California (in this section referred to as the ``Port''), all
right, title, and interest of the United States in and to a
parcel of real property, including any improvements thereon,
consisting of approximately 1,450 acres at the Naval
Communication Station, Stockton, California.
(b) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(c) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the Port under terms and conditions satisfactory
to the Secretary.
(d) Consideration.--The conveyance may be made as a public
benefit conveyance for port development as defined in section
203 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 484) if the Port satisfies the criteria in
such section and the regulations prescribed to implement such
section. If the Port fails to qualify for a public benefit
conveyance and still desires to acquire the property, the
Port shall pay to the
[[Page 172]]
United States an amount equal to the fair market value of the
property to be conveyed, as determined by the Secretary.
(e) Federal Lease of Conveyed Property.--As a condition for
transfer of this property under subparagraph (a), the
Secretary may require that the Port lease to the Department
of Defense or any other Federal agency all or any part of the
property being used by the Federal Government at the time of
conveyance. Any such lease shall be made under the same terms
and conditions as in force at the time of the conveyance.
Such terms and conditions will continue to include payment to
the Port for maintenance of facilities leased to the Federal
Government. Such maintenance of the Federal premises shall be
to the reasonable satisfaction of the United States, or as
required by all applicable Federal, State, and local laws and
ordinances.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the Port.
(g) Additional Terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance under subsection (a) or the lease under subsection
(c) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2872. LEASE OF PROPERTY, NAVAL AIR STATION AND MARINE
CORPS AIR STATION, MIRAMAR, CALIFORNIA.
(a) Lease Authorized.--Notwithstanding section 2692(a)(1)
of title 10, United States Code, the Secretary of the Navy
may lease to the City of San Diego, California (in this
subsection referred to as the ``City''), the parcel of real
property, including improvements thereon, described in
subsection (b) in order to permit the City to carry out
activities on the parcel relating to solid waste management,
including the operation and maintenance of one or more solid
waste landfills. Pursuant to the lease, the Secretary may
authorize the City to construct and operate on the parcel
facilities related to solid waste management, including a
sludge processing facility.
(b) Covered Property.--The parcel of property to be leased
under subsection (a) is a parcel of real property consisting
of approximately 1,400 acres that is located at Naval Air
Station, Miramar, California, or Marine Corps Air Station,
Miramar, Cali- fornia.
(c) Lease Term.--The lease authorized under subsection (a)
shall be for an initial term of not more than 50 years. Under
the lease, the Secretary may provide the City with an option
to extend the lease for such number of additional periods of
such length as the Secretary considers appropriate.
(d) Form of Consideration.--The Secretary may provide in
the lease under subsection (a) for the provision by the City
of in-kind consideration under the lease.
(e) Use of Money Rentals.--In such amounts as are provided
in advance in appropriation Acts, the Secretary may use money
rentals received by the Secretary under the lease authorized
under subsection (a) to carry out the following programs at
Department of the Navy installations that utilize the solid
waste landfill or landfills located on the leased property:
(1) Environmental programs, including natural resource
management programs, recycling programs, and pollution
prevention programs.
(2) Programs to improve the quality of military life,
including programs to improve military unaccompanied housing
and military family housing.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(g) Definitions.--In this section, the terms ``sludge'',
``solid waste'', and ``solid waste management'' have the
meanings given such terms in paragraphs (26A), (27), and
(28), respectively, of section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
PART III--AIR FORCE CONVEYANCES
SEC. 2874. LAND ACQUISITION OR EXCHANGE, SHAW AIR FORCE BASE,
SOUTH CAROLINA.
(a) Land Acquisition.--By means of an exchange of property,
acceptance as a gift, or other means that do not require the
use of appropriated funds, the Secretary of the Air Force may
acquire all right, title, and interest in and to a parcel of
real property (together with any improvements thereon)
consisting of approximately 1,100 acres and located adjacent
to the eastern end of Shaw Air Force Base, South Carolina,
and extending to Stamey Livestock Road in Sumter County,
South Carolina.
(b) Land Exchange Authorized.--For purposes of acquiring
the real property described in subsection (a), the Secretary
may participate in a land exchange and convey all right,
title, and interest of the United States in and to a parcel
of real property in the possession of the Air Force if--
(1) the Secretary determines that the land exchange is in
the best interests of the Air Force; and
(2) the fair market value of the parcel to be conveyed by
the Secretary does not exceed the fair market value of the
parcel to be acquired by the Secretary.
(c) Determinations of Fair Market Value.--The Secretary
shall determine the fair market value of the parcels of real
property to be exchanged, accepted, or otherwise acquired
pursuant to subsection (a) and exchanged pursuant to
subsection (b). Such determinations shall be final.
(d) Reversion of Gift Conveyance.--If the Secretary
acquires the real property described in subsection (a) by way
of gift, the Secretary may accept in the deed of conveyance
terms or conditions that require that the land be reconveyed
to the donor, or the heirs of the donor, if Shaw Air Force
Base ceases operations and is closed.
(e) Descriptions of Property.--The exact acreage and legal
descriptions of the parcels of real property to be to be
exchanged, accepted, or otherwise acquired pursuant to
subsection (a) and exchanged pursuant to subsection (b) shall
be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the acquisition under subsection (a) or conveyance under
subsection (b) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2875. LAND CONVEYANCE, ELMENDORF AIR FORCE BASE, ALASKA.
(a) Conveyance to Private Person Authorized.--The Secretary
of the Air Force may convey to such private person as the
Secretary considers appropriate, all right, title, and
interest of the United States in and to a parcel of real
property consisting of approximately 31.69 acres that is
located at Elmendorf Air Force Base, Alaska, and identified
in land lease W-95-507-ENG-58.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the purchaser shall pay to the United
States an amount equal to the fair market value of the real
property to be conveyed, as determined by the Secretary. In
determining the fair market value of the real property, the
Secretary shall consider the property as encumbered by land
lease W-95-507-ENG-58, with an expiration date of June 13,
2024.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the
purchaser of the property--
(1) permit the lease of the apartment complex located on
the property by members of the Armed Forces stationed at
Elmendorf Air Force Base and their dependents; and
(2) maintain the apartment complex in a condition suitable
for such leases.
(d) Deposit of Proceeds.--The Secretary shall deposit the
amount received from the purchaser under subsection (b) in
the special account established under section 204(h)(2) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(h)(2)).
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the purchaser of the real property.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2876. LAND CONVEYANCE, RADAR BOMB SCORING SITE, FORSYTH,
MONTANA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the City of Forsyth,
Montana (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to the
parcel of property (including any improvements thereon)
consisting of approximately 58 acres located in Forsyth,
Montana, which has served as a support complex and
recreational facilities for the Radar Bomb Scoring Site,
Forsyth, Montana.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
City--
(1) utilize the property and recreational facilities
conveyed under that subsection for housing and recreation
purposes; or
(2) enter into an agreement with an appropriate public or
private entity to lease such property and facilities to that
entity for such purposes.
(c) Reversion.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
utilized in accordance with paragraph (1) or paragraph (2) of
subsection (b), all right, title, and interest in and to the
conveyed property, including any improvements thereon, shall
revert to the United States and the United States shall have
the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
determines appropriate to protect the interests of the United
States.
SEC. 2877. LAND CONVEYANCE, RADAR BOMB SCORING SITE, POWELL,
WYOMING.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Northwest College
Board of Trustees (in this section referred to as the
``Board''), all right, title, and interest of the United
States in and to a parcel of real property (including any
improvements thereon) consisting of approximately 24 acres
located in Powell, Wyoming, which has
[[Page 173]]
served as the location of a support complex, recreational
facilities, and housing facilities for the Radar Bomb Scoring
Site, Powell, Wyoming.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Board use the property conveyed under that subsection for
housing and recreation purposes and for such other purposes
as the Secretary and the Board jointly determine appropriate.
(c) Reversionary Interest.--During the five-year period
beginning on the date that the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed property is not being used in accordance
with subsection (b), all right, title, and interest in and to
the conveyed property, including any improvements thereon,
shall revert to the United States and the United States shall
have the right of immediate entry onto the property.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Board.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2878. LAND CONVEYANCE, AVON PARK AIR FORCE RANGE,
FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Highlands County,
Florida (in this section referred to as the ``County''), all
right, title, and interest of the United States in and to a
parcel of real property, together with any improvements
thereon, located within the boundaries of the Avon Park Air
Force Range near Sebring, Florida, which has previously
served as the location of a support complex and recreational
facilities for the Avon Park Air Force Range.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the County, directly or through an agreement with an
appropriate public or private entity, use the conveyed
property, including the support complex and recreational
facilities, for operation of a juvenile or other correctional
facility.
(c) Reversionary Interest.--If the Secretary determines at
any time that the property conveyed under subsection (a) is
not being used in accordance with subsection (b), all right,
title, and interest in the property, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry
onto the property.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle E--Land Conveyances Involving Utilities
SEC. 2881. CONVEYANCE OF RESOURCE RECOVERY FACILITY, FORT
DIX, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Burlington County, New Jersey (in this section
referred to as the ``County''), all right, title, and
interest of the United States in and to a parcel of real
property at Fort Dix, New Jersey, consisting of approximately
six acres and containing a resource recovery facility, known
as the Fort Dix resource recovery facility.
(b) Related Easements.--The Secretary may grant to the
County any easement that is necessary for access to and
operation of the resource recovery facility conveyed under
subsection (a).
(c) Requirement Relating to Conveyance.--The Secretary may
not carry out the conveyance of the resource recovery
facility authorized by subsection (a) unless the County
agrees to accept the facility in its existing condition at
the time of the conveyance.
(d) Conditions on Conveyance.--The conveyance of the
resource recovery facility authorized by subsection (a) is
subject to the following conditions:
(1) That the County provide refuse and steam service to
Fort Dix, New Jersey, at the rate established by the
appropriate Federal or State regulatory authority.
(2) That the County comply with all applicable
environmental laws and regulations (including any permit or
license requirements) relating to the resource recovery
facility.
(3) That the County assume full responsibility for
ownership, operation, maintenance, repair, and all regulatory
compliance requirements for the resource recovery facility.
(4) That the County not commence any expansion of the
resource recovery facility without approval of such expansion
by the Secretary.
(e) Description of the Property.--The exact acreage and
legal description of the real property to be conveyed under
subsection (a), and of any easements to be granted under
subsection (b), shall be determined by a survey satisfactory
to the Secretary. The cost of such survey shall be borne by
the County.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) and the grant of any
easement under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2882. CONVEYANCE OF WATER AND WASTEWATER TREATMENT
PLANTS, FORT GORDON, GEORGIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the city of Augusta, Georgia (in this section
referred to as the ``City''), all right, title, and interest
of the United States to several parcels of real property
located at Fort Gordon, Georgia, and consisting of
approximately seven acres each. The parcels are improved with
a water filtration plant, water distribution system with
storage tanks, sewage treatment plant, and sewage collection
system.
(b) Related Easements.--The Secretary may grant to the City
any easement that is necessary for access to the real
property conveyed under subsection (a) and operation of the
water and wastewater treatment plants and distribution and
collection systems conveyed under subsection (a).
(c) Requirement Relating to Conveyance.--The Secretary may
not carry out the conveyance of the water and wastewater
treatment plants and distribution and collection systems
authorized by subsection (a) unless the City agrees to accept
the water and wastewater treatment plants and distribution
and collection systems in their existing condition at the
time of the conveyance.
(d) Conditions on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following conditions:
(1) That the City provide water and sewer service to Fort
Gordon, Georgia, at a rate established by the appropriate
Federal or State regulatory authority.
(2) That the City comply with all applicable environmental
laws and regulations (including any permit or license
requirements) regarding the real property conveyed under
subsec- tion (a).
(3) That the City assume full responsibility for ownership,
operation, maintenance, repair, and all regulatory compliance
requirements for the water and wastewater treatment plants
and distribution and collection systems.
(4) That the City not commence any expansion of the water
and wastewater treatment plants and distribution and
collection systems without approval of such expansion by the
Secretary.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a), and of any easements granted under subsection
(b), shall be determined by a survey satisfactory to the
Secretary. The cost of such survey shall be borne by the
City.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) and the grant of any
easement under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2883. CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM,
FORT IRWIN, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the Southern California Edison Company, California
(in this section referred to as the ``Company''), all right,
title, and interest of the United States in and to the
electricity distribution system located at Fort Irwin,
California.
(b) Description of System and Conveyance.--The electricity
distribution system authorized to be conveyed under
subsection (a) consists of approximately 115 miles of
electricity distribution lines (including poles, switches,
reclosers, transformers, regulators, switchgears, and service
lines) and includes the equipment, fixtures, structures, and
other improvements the Federal Government utilizes to provide
electricity services at Fort Irwin. The system does not
include any real property.
(c) Related Easements.--The Secretary may grant to the
Company any easement that is necessary for access to and
operation of the electricity distribution system conveyed
under subsection (a).
(d) Requirement Relating to Conveyance.--The Secretary may
not carry out the electricity distribution system authorized
by subsection (a) unless the Company agrees to accept the
electricity distribution system in its existing condition at
the time of the conveyance.
(e) Conditions on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following conditions:
(1) That the Company provide electricity service to Fort
Irwin, California, at a rate established by the appropriate
Federal or State regulatory authority.
(2) That the Company comply with all applicable
environmental laws and regulations (including any permit or
license requirements) regarding the electricity distribution
system.
(3) That the Company assume full responsibility for
ownership, operation, maintenance, repair, and all regulatory
compliance requirements for the electricity distribution
system.
(4) That the Company not commence any expansion of the
electricity distribution system without approval of such
expansion by the Secretary.
(f) Description of Easement.--The exact acreage and legal
description of any ease
[[Page 174]]
ment granted under subsection (c) shall be determined by a
survey satisfactory to the Secretary. The cost of such survey
shall be borne by the Company.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) and the grant of any
easement under subsection (c) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2884. CONVEYANCE OF WATER TREATMENT PLANT, FORT PICKETT,
VIRGINIA.
(a) Authority To Convey.--(1) The Secretary of the Army may
convey to the Town of Blackstone, Virginia (in this section
referred to as the ``Town''), all right, title, and interest
of the United States in and to the property described in
paragraph (2).
(2) The property referred to in paragraph (1) is the
following property located at Fort Pickett, Virginia:
(A) A parcel of real property consisting of approximately
10 acres, including a reservoir and improvements thereon, the
site of the Fort Pickett water treatment plant.
(B) Any equipment, fixtures, structures, or other
improvements (including any water transmission lines, water
distribution and service lines, fire hydrants, water pumping
stations, and other improvements) not located on the parcel
described in subparagraph (A) that are jointly identified by
the Secretary and the Town as owned and utilized by the
Federal Government in order to provide water to and
distribute water at Fort Pickett.
(b) Related Easements.--The Secretary may grant to the Town
the following easements relating to the conveyance of the
property authorized by subsection (a):
(1) Such easements, if any, as the Secretary and the Town
jointly determine are necessary in order to provide access to
the water distribution system referred to in paragraph (2) of
such subsection for maintenance, safety, and other purposes.
(2) Such easements, if any, as the Secretary and the Town
jointly determine are necessary in order to provide access to
the finished water lines from the system to the Town.
(3) Such rights of way appurtenant, if any, as the
Secretary and the Town jointly determine are necessary in
order to satisfy requirements imposed by any Federal, State,
or municipal agency relating to the maintenance of a buffer
zone around the water distribution system.
(c) Water Rights.--The Secretary shall grant to the Town as
part of the conveyance under subsection (a) all right, title,
and interest of the United States in and to any water of the
Nottoway River, Virginia, that is connected with the
reservoir referred to in paragraph (2)(A) of such subsection.
The grant of such water rights shall not impair the right
that any other local jurisidiction may have to withdraw water
from the Nottoway River, on or after the date of the
enactment of this Act, pursuant to the law of the
Commonwealth of Virginia.
(d) Requirements Relating to Conveyance.--(1) The Secretary
may not carry out the conveyance of the water distribution
system authorized under subsection (a) unless the Town agrees
to accept the system in its existing condition at the time of
the conveyance.
(2) The Secretary shall complete any environmental removal
or remediation required under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) with respect to the system to be conveyed under
this section before carrying out the conveyance.
(e) Conditions on Conveyance.--The conveyance authorized in
subsection (a) shall be subject to the following conditions:
(1) That the Town reserve for provision to Fort Pickett,
and provide to Fort Pickett on demand, not less than
1,500,000 million gallons per day of treated water from the
water distribution system.
(2) That the Town provide water to and distribute water at
Fort Pickett at a rate established by the appropriate Federal
or State regulatory authority.
(3) That the Town maintain and operate the water
distribution system in compliance with all applicable Federal
and State environmental laws and regulations (including any
permit and license requirements).
(f) Description of Property.--The exact legal description
of the property to be conveyed under subsection (a), of any
easements granted under subsection (b), and of any water
rights granted under subsection (c) shall be determined by a
survey and other means satisfactory to the Secretary. The
cost of any survey or other services performed at the
direction of the Secretary under the authority in the
preceding sentence shall be borne by the Town.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance authorized under subsection (a), the
easements granted under subsection (b), and the water rights
granted under subsection (c) that the Secretary considers
appropriate to protect the interests of the United States.
Subtitle F--Other Matters
SEC. 2891. AUTHORITY TO USE FUNDS FOR CERTAIN EDUCATIONAL
PURPOSES.
Section 2008 of title 10, United States Code, is amended by
striking out ``section 10'' and all that follows through the
period at the end and inserting in lieu thereof
``construction, as defined in section 8013(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(3)), or to carry out section 8008 of such Act (20 U.S.C.
7708), relating to the provision of assistance to certain
school facilities under the impact aid program.''.
SEC. 2892. DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION
DEMONSTRATION PROGRAM.
(a) Program Authorized.--The Secretary of Defense may carry
out a program (to be known as the ``Department of Defense
Laboratory Revitalization Demonstration Program'') for the
revitalization of Department of Defense laboratories. Under
the program, the Secretary may carry out minor military
construction projects in accordance with subsection (b) and
other applicable law to improve Department of Defense
laboratories covered by the program.
(b) Increased Maximum Amounts Applicable to Minor
Construction Projects.--For purpose of any military
construction project carried out under the program--
(1) the amount provided in the second sentence of
subsection (a)(1) of section 2805 of title 10, United States
Code, shall be deemed to be $3,000,000;
(2) the amount provided in subsection (b)(1) of such
section shall be deemed to be $1,500,000; and
(3) the amount provided in subsection (c)(1)(B) of such
section shall be deemed to be $1,000,000.
(c) Program Requirements.--(1) Not later than 30 days
before commencing the program, the Secretary shall--
(A) designate the Department of Defense laboratories at
which construction may be carried out under the program; and
(B) establish procedures for the review and approval of
requests from such laboratories to carry out such
construction.
(2) The laboratories designated under paragraph (1)(A) may
not include Department of Defense laboratories that are
contractor owned.
(3) The Secretary shall notify Congress of the laboratories
designated under paragraph (1)(A).
(d) Report.--Not later than February 1, 1998, the Secretary
shall submit to Congress a report on the program. The report
shall include the Secretary's conclusions and recommendations
regarding the desirability of extending the authority set
forth in subsection (b) to cover all Department of Defense
laboratories.
(e) Exclusivity of Program.--Nothing in this section may be
construed to limit any other authority provided by law for
any military construction project at a Department of Defense
laboratory covered by the program.
(f) Definitions.--In this section:
(1) The term ``laboratory'' includes--
(A) a research, engineering, and development center;
(B) a test and evaluation activity owned, funded, and
operated by the Federal Government through the Department of
Defense; and
(C) a supporting facility of a laboratory.
(2) The term ``supporting facility'', with respect to a
laboratory, means any building or structure that is used in
support of research, development, test, and evaluation at the
laboratory.
(g) Expiration of Authority.--The Secretary may not
commence a construction project under the program after
September 30, 1998.
SEC. 2893. AUTHORITY FOR PORT AUTHORITY OF STATE OF
MISSISSIPPI TO USE NAVY PROPERTY AT NAVAL
CONSTRUCTION BATTALION CENTER, GULFPORT,
MISSISSIPPI.
(a) Joint Use Agreement Authorized.--The Secretary of the
Navy may enter into an agreement with the Port Authority of
the State of Mississippi (in this section referred to as the
``Port Authority''), under which the Port Authority may use
real property comprising up to 50 acres located at the Naval
Construction Battalion Center, Gulfport, Mississippi (in this
section referred to as the ``Center'').
(b) Term of Agreement.--The agreement authorized under
subsection (a) may be for an initial period of not more than
15 years. Under the agreement, the Secretary shall provide
the Port Authority with an option to extend the agreement for
at least three additional periods of five years each.
(c) Conditions on Use.--The agreement authorized under
subsection (a) shall require the Port Authority--
(1) to suspend operations under the agreement in the event
Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a
manner consistent with Navy operations conducted at the
Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the
Port Authority shall pay to the Navy an amount equal to the
fair market rental value of the property, as determined by
the Secretary taking into consideration the Port Authority's
use of the property.
(2) The Secretary may include a provision in the agreement
requiring the Port Authority--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the Center any
facilities vacated by the Navy on account of the agreement or
to construct suitable replacement facilities for the Navy;
and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations from
the vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not
enter into the agreement authorized by subsection (a) until
the end of
[[Page 175]]
the 21-day period beginning on the date on which the
Secretary submits to Congress a report containing an
explanation of the terms of the proposed agreement and a
description of the consideration that the Secretary expects
to receive under the agreement.
(f) Use of Payment.--(1) In such amounts as are provided in
advance in appropriation Acts, the Secretary may use amounts
paid under subsection (d)(1) to pay for general supervision,
administration, and overhead expenses and for improvement,
maintenance, repair, construction, or restoration of the
roads, railways, and facilities serving the Center.
(2) In such amounts as are provided in advance in
appropriation Acts, the Secretary may use amounts paid under
subsection (d)(2) to pay for constructing new facilities, or
making modifications to existing facilities, that are
necessary to replace facilities vacated by the Navy on
account of the agreement under subsection (a) and for
relocating operations of the Navy from the vacated facilities
to replacement facilities.
(g) Construction by Port Authority.--The Secretary may
authorize the Port Authority to demolish existing facilities
located on the property covered by the agreement under
subsection (a) and, consistent with the restriction specified
in subsection (c)(2), construct new facilities on the
property for joint use by the Port Authority and the Navy.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the agreement authorized under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2894. PROHIBITION ON JOINT USE OF NAVAL AIR STATION AND
MARINE CORPS AIR STATION, MIRAMAR, CALIFORNIA.
The Secretary of the Navy may not enter into any agreement
that provides for or permits civil aircraft to regularly use
Naval Air Station or Marine Corps Air Station, Miramar,
California.
SEC. 2895. REPORT REGARDING ARMY WATER CRAFT SUPPORT
FACILITIES AND ACTIVITIES.
Not later than February 15, 1996, the Secretary of the Army
shall submit to Congress a report setting forth--
(1) the location, assets, and mission of each Army
facility, active or reserve component, that supports water
transportation operations;
(2) an infrastructure inventory and utilization rate of
each Army facility supporting water transportation
operations;
(3) options for consolidating these operations to reduce
overhead; and
(4) actions that can be taken to respond affirmatively to
requests from the residents of Marcus Hook, Pennsylvania, to
close the Army Reserve facility located in Marcus Hook and
make the facility available for use by the community.
SEC. 2896. RESIDUAL VALUE REPORTS.
(a) Reports Required.--The Secretary of Defense, in
coordination with the Director of the Office of Management
and Budget, shall submit to the congressional defense
committees status reports on the results of residual value
negotiations between the United States and Germany. Such
status reports shall be submitted within 30 days after the
receipt of such reports by the Office of Management and
Budget.
(b) Content of Status Reports.--The status reports required
by subsection (a) shall include the following information:
(1) The estimated residual value of United States capital
value and improvements to facilities in Germany that the
United States has turned over to Germany.
(2) The actual value obtained by the United States for each
facility or installation turned over to Germany.
(3) The reasons for any difference between the estimated
and actual value obtained.
SEC. 2897. SENSE OF CONGRESS AND REPORT REGARDING FITZSIMONS
ARMY MEDICAL CENTER, COLORADO.
(a) Findings.--Congress makes the following findings:
(1) Fitzsimons Army Medical Center in Aurora, Colorado, was
approved for closure in 1995 under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note).
(2) The University of Colorado Health Sciences Center and
the University of Colorado Hospital Authority are in urgent
need of space to maintain their ability to deliver health
care to meet the growing demand for their services.
(3) Reuse of the Fitzsimons Army Medical Center at the
earliest opportunity would provide significant benefit to the
cities of Aurora, Colorado, and Denver, Colorado.
(4) Reuse of the Fitzsimons Army Medical Center by the
communities in the vicinity of the center will ensure that
the center is fully utilized, thereby providing a benefit to
such communities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) determinations as to the use by other departments and
agencies of the Federal Government of buildings and property
at military installations approved for closure under the
Defense Base Closure and Realignment Act of 1990, including
Fitzsimons Army Medical Center, Colorado, should be completed
as soon as practicable;
(2) the Secretary of Defense should consider the expedited
transfer of appropriate facilities (including facilities that
remain operational) at such installations to the
redevelopment authorities for such installations in order to
ensure continuity of use of such facilities after the closure
of such installations, in particular, the Secretary should
consider the expedited transfer of the Fitzsimons Army
Medical Center because of the significant preparation
underway by the redevelopment authority concerned;
(3) the Secretary should not enter into leases with
redevelopment authorities for facilities at such
installations until the Secretary determines that such leases
fall within the categorical exclusions established by the
Secretary pursuant to the National Environmental Policy Act
(42 U.S.C. 4321 et seq.).
(c) Report.--(1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the closure and redevelopment of Fitzsimons Army Medical
Center.
(2) The report shall include the following:
(A) The results of the determinations as to the use of
buildings and property at Fitzsimons Army Medical Center by
other departments and agencies of the Federal Government
under section 2905(b)(1) of the Defense Base Closure and
Realignment Act of 1990.
(B) A description of any actions taken to expedite such
determinations.
(C) A discussion of any impediments raised as a result of
such determinations to the transfer or lease of Fitzsimons
Army Medical Center.
(D) A description of any actions taken by the Secretary to
lease Fitzsimons Army Medical Center to the redevelopment
authority.
(E) The results of any environmental reviews under the
National Environmental Policy Act in which such a lease would
fall into the categorical exclusions established by the
Secretary of the Army.
(F) The results of the environmental baseline survey
regarding Fitzsimons Army Medical Center and a finding of
suitability or nonsuitability.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Illinois Land Conservation
Act of 1995''.
SEC. 2902. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Environmental Protection
Agency.
(2) Agricultural purposes.--The term ``agricultural
purposes'' means the use of land for row crops, pasture, hay,
and grazing.
(3) Arsenal.--The term ``Arsenal'' means the Joliet Army
Ammunition Plant located in the State of Illinois.
(4) Arsenal land use concept.--The term ``Arsenal land use
concept'' means the land use proposals that were developed
and unanimously approved on May 30, 1995, by the Joliet
Arsenal Citizen Planning Commission.
(5) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(6) Environmental law.--The term ``environmental law''
means all applicable Federal, State, and local laws,
regulations, and requirements related to protection of human
health, natural and cultural resources, or the environment.
Such term includes CERCLA, the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.), the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.), and the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
(7) Hazardous substance.--The term ``hazardous substance''
has the meaning given such term by section 101(14) of CERCLA
(42 U.S.C. 9601(14)).
(8) MNP.--The term ``MNP'' means the Midewin National
Tallgrass Prairie established pursuant to section 2914 and
managed as a part of the National Forest System.
(9) Person.--The term ``person'' has the meaning given such
term by section 101(21) of CERCLA (42 U.S.C. 9601(21)).
(10) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given such term by section
101(33) of CERCLA (42 U.S.C. 9601(33)).
(11) Release.--The term ``release'' has the meaning given
such term by section 101(22) of CERCLA (42 U.S.C. 9601(22)).
(12) Response action.--The term ``response action'' has the
meaning given the term ``response'' by section 101(25) of
CERCLA (42 U.S.C. 9601(25)).
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
SEC. 2911. PRINCIPLES OF TRANSFER.
(a) Land Use Plan.--The Congress ratifies in principle the
proposals generally identified by the land use plan which was
developed by the Joliet Arsenal Citizen Planning Commission
and unanimously approved on May 30, 1995.
(b) Transfer Without Reimbursement.--The area constituting
the Midewin National Tallgrass Prairie shall be transferred,
without reimbursement, to the Secretary of Agriculture.
(c) Management of MNP.--Management by the Secretary of
Agriculture of those portions of the Arsenal transferred to
the Sec
[[Page 176]]
retary under this title shall be in accordance with sections
2914 and 2915 regarding the Midewin National Tallgrass
Prairie.
(d) Security Measures.--The Secretary of the Army and the
Secretary of Agriculture shall each provide and maintain
physical and other security measures on such portion of the
Arsenal as is under the administrative jurisdiction of such
Secretary, unless the Secretary of the Army and the Secretary
of Agriculture agree otherwise. Such security measures (which
may include fences and natural barriers) shall include
measures to prevent members of the public from gaining
unauthorized access to such portions of the Arsenal as are
under the administrative jurisdiction of such Secretary and
that may endanger health or safety.
(e) Cooperative Agreements.--The Secretary of the Army, the
Secretary of Agriculture, and the Administrator are
individually and collectively authorized to enter into
cooperative agreements and memoranda of understanding among
each other and with other affected Federal agencies, State
and local governments, private organizations, and
corporations to carry out the purposes for which the Midewin
National Tallgrass Prairie is established.
(f) Interim Activities of the Secretary of Agriculture.--
Prior to transfer and subject to such reasonable terms and
conditions as the Secretary of the Army may prescribe, the
Secretary of Agriculture may enter upon the Arsenal property
for purposes related to planning, resource inventory, fish
and wildlife habitat manipulation (which may include
prescribed burning), and other such activities consistent
with the purposes for which the Midewin National Tallgrass
Prairie is established.
SEC. 2912. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND
JURISDICTION OVER ARSENAL.
(a) General Rule for Transfer of Jurisdiction.--
(1) Transfer required subject to response actions.--Subject
to subsection (d), not later than 270 days after the date of
the enactment of this title, the Secretary of the Army shall
transfer, without reimbursement, to the Secretary of
Agriculture those portions of the Arsenal that--
(A) are identified on the map described in subsection
(e)(1) as appropriate for transfer under this subsection to
the Secretary of Agriculture; and
(B) the Secretary of the Army and the Administrator concur
in finding that all response actions have been taken under
CERCLA necessary to protect human health and the environment
with respect to any hazardous substance remaining on the
property.
(2) Effect of less than complete transfer.--If the
concurrence requirement in paragraph (1)(B) results in the
transfer, within such 270-day period, of less than all of the
Arsenal property covered by paragraph (1)(A), the Secretary
of the Army and the Secretary of Agriculture shall enter into
a memorandum of understanding providing for the performance
by the Secretary of the Army of the additional response
actions necessary to allow fulfillment of the concurrence
requirement with respect to such Arsenal property. The
memorandum of understanding shall be entered into within 60
days of the end of such 270-day period and shall include a
schedule for the completion of the additional response
actions as soon as practicable. Subject to subsection (d),
the Secretary of the Army shall transfer Arsenal property
covered by this paragraph to the Secretary of Agriculture as
soon as possible after the Secretary of the Army and the
Administrator concur that all additional response actions
have been taken under CERCLA necessary to protect human
health and the environment with respect to any hazardous
substance remaining on the property. The Secretary of the
Army may make transfers under this paragraph on a parcel-by-
parcel basis.
(3) Rule of construction regarding concurrences.--For the
purpose of reaching the concurrences required by this
subsection and subsection (b), if a response action requires
construction and installation of an approved remedial design,
the response action shall be considered to have been taken
when the construction and installation of the approved
remedial design is completed and the remedy is demonstrated
to the satisfaction of the Administrator to be operating
properly and successfully.
(b) Special Transfer Requirements for Certain Parcels.--
Subject to subsection (d), the Secretary of the Army shall
transfer, without reimbursement, to the Secretary of
Agriculture the Arsenal property known as LAP Area Sites L2,
L3, and L5 and Manufacturing Area Site 1. The transfer shall
occur as soon as possible after the Secretary of the Army and
the Administrator concur that all response actions have been
taken under CERCLA necessary to protect human health and the
environment with respect to any hazardous substance remaining
on the property. The Secretary of the Army may make transfers
under this subsection on a parcel-by-parcel basis.
(c) Documentation of Environmental Condition of Parcels;
Assessment of Required Actions Under Other Environmental
Laws.--
(1) Documentation.--The Secretary of the Army and the
Administrator shall provide to the Secretary of Agriculture
all documentation and information that exists on the date the
documentation and information is provided relating to the
environmental condition of the Arsenal property proposed for
transfer under subsection (a) or (b), including documentation
that supports the finding that all response actions have been
taken under CERCLA necessary to protect human health and the
environment with respect to any hazardous substance remaining
on the property.
(2) Assessment.--The Secretary of the Army shall provide to
the Secretary of Agriculture an assessment, based on
information in existence at the time the assessment is
provided, indicating what further action, if any, is required
under any environmental law (other than CERCLA) on the
Arsenal property proposed for transfer under subsection (a)
or (b).
(3) Time for submission of documentation and assessment.--
The documentation and assessments required to be submitted to
the Secretary of Agriculture under this subsection shall be
submitted--
(A) in the case of the transfers required by subsection
(a), not later than 210 days after the date of the enactment
of this title; and
(B) in the case of the transfers required by subsection
(b), not later than 60 days before the earliest date on which
the property could be transferred.
(4) Submission of additional information.--The Secretary of
the Army and the Administrator shall have a continuing
obligation to provide to the Secretary of Agriculture any
additional information regarding the environmental condition
of property to be transferred under subsection (a) or (b) as
such information becomes available.
(d) Effect of Environmental Assessment.--
(1) Authority of secretary of agriculture to decline
immediate transfer.--If a parcel of Arsenal property to be
transferred under subsection (a) or (b) includes property for
which the assessment under subsection (c)(2) concludes
further action is required under any environmental law (other
than CERCLA), the Secretary of Agriculture may decline
immediate transfer of the parcel. With respect to such a
parcel, the Secretary of the Army and the Secretary of
Agriculture shall enter into a memorandum of understanding
providing for the performance by the Secretary of the Army of
the required actions identified in the Army assessment. The
memorandum of understanding shall be entered into within 90
days after the date on which the Secretary of Agriculture
declines immediate transfer of the parcel and shall include a
schedule for the completion of the required actions as soon
as practicable.
(2) Eventual transfer.--In the case of a parcel of Arsenal
property that the Secretary of Agriculture declines immediate
transfer under paragraph (1), the Secretary may accept
transfer of the parcel at any time after the original finding
with respect to the parcel that all response actions have
been taken under CERCLA necessary to protect human health and
the environment with respect to any hazardous substance
remaining on the property. The Secretary of Agriculture shall
accept transfer of the parcel as soon as possible after the
date on which all required further actions identified in the
assessment have been taken and the terms of any memorandum of
understanding have been satisfied.
(e) Identification of Arsenal Property for Transfer.--
(1) Map of proposed transfers.--The lands subject to
transfer to the Secretary of Agriculture under subsections
(a) and (b) and section 2916 are depicted on the map dated
September 22, 1995, which is on file and available for public
inspection at the Office of the Chief of the Forest Service
and the Office of the Assistant Secretary of the Army for
Installations, Logistics and the Environment.
(2) Method of effecting transfer.--The Secretary of the
Army shall effect the transfer of jurisdiction of Arsenal
property under subsections (a) and (b) and section 2916 by
publication of notices in the Federal Register. The Secretary
of Agriculture shall give prior concurrence to the
publication of such notices. Each notice published in the
Federal Register shall refer to the parcel being transferred
by legal description, references to maps or surveys, or other
forms of description mutually acceptable to the Secretary of
the Army and the Secretary of Agriculture. The Secretary of
the Army shall provide, without reimbursement, to the
Secretary of Agriculture copies of all surveys and land title
information on lands transferred under this section or
section 2916.
(f) Surveys.--All costs of necessary surveys for the
transfer of jurisdiction of Arsenal property from the
Secretary of the Army to the Secretary of Agriculture shall
be borne by the Secretary of Agriculture.
SEC. 2913. RESPONSIBILITY AND LIABILITY.
(a) Continued Liability of Secretary of the Army.--The
transfers of Arsenal property under sections 2912 and 2916,
and the requirements of such sections, shall not in any way
affect the responsibilities and liabilities of the Secretary
of the Army specified in this section. The Secretary of the
Army shall retain any obligation or other liability at the
Arsenal that the Secretary of the Army has under CERCLA or
other environmental laws. Following transfer of a portion of
the Arsenal under this subtitle, the Secretary of the Army
shall be accorded any easement or access to the property that
may be reasonably required by the Secretary to carry out the
obligation or satisfy the liability.
(b) Special Protections for Secretary of Agriculture.--The
Secretary of Agriculture shall not be liable under any
environmental law for matters which are related directly or
indirectly to activities of the
[[Page 177]]
Secretary of the Army at the Arsenal or any party acting
under the authority of the Secretary of the Army at the
Arsenal, including any of the following:
(1) Costs or performance of response actions required under
CERCLA at or related to the Arsenal.
(2) Costs, penalties, fines, or performance of actions
related to noncompliance with any environmental law at or
related to the Arsenal or related to the presence, release,
or threat of release of any hazardous substance, pollutant or
contaminant, hazardous waste, or hazardous material of any
kind at or related to the Arsenal, including contamination
resulting from migration of a hazardous substance, pollutant
or contaminant, hazardous waste, hazardous material, or
petroleum products or their derivatives.
(3) Costs or performance of actions necessary to remedy
noncompliance or another problem specified in paragraph (2).
(c) Liability of Other Persons.--Nothing in this title
shall be construed to effect, modify, amend, repeal, alter,
limit or otherwise change, directly or indirectly, the
responsibilities or liabilities under any environmental law
of any person (including the Secretary of Agriculture),
except as provided in subsection (b) with respect to the
Secretary of Agriculture.
(d) Payment of Response Action Costs.--A Federal agency
that had or has operations at the Arsenal resulting in the
release or threatened release of a hazardous substance or
pollutant or contaminant for which that agency would be
liable under any environmental law, subject to the provisions
of this subtitle, shall pay the costs of related response
actions and shall pay the costs of related actions to
remediate petroleum products or the derivatives of the
products, including motor oil and aviation fuel.
(e) Consultation.--
(1) Responsibility of secretary of agriculture.--The
Secretary of Agriculture shall consult with the Secretary of
the Army with respect to the management by the Secretary of
Agriculture of real property included in the Midewin National
Tallgrass Prairie subject to any response action or other
action at the Arsenal being carried out by or under the
authority of the Secretary of the Army under any
environmental law. The Secretary of Agriculture shall consult
with the Secretary of the Army prior to undertaking any
activities on the Midewin National Tallgrass Prairie that may
disturb the property to ensure that such activities will not
exacerbate contamination problems or interfere with
performance by the Secretary of the Army of response actions
at the property.
(2) Responsibility of secretary of the army.--In carrying
out response actions at the Arsenal, the Secretary of the
Army shall consult with the Secretary of Agriculture to
ensure that such actions are carried out in a manner
consistent with the purposes for which the Midewin National
Tallgrass Prairie is established, as specified in section
2914(c), and the other provisions of sections 2914 and 2915.
SEC. 2914. ESTABLISHMENT AND ADMINISTRATION OF MIDEWIN
NATIONAL TALLGRASS PRAIRIE.
(a) Establishment.--On the effective date of the initial
transfer of jurisdiction of portions of the Arsenal to the
Secretary of Agriculture under section 2912(a), the Secretary
of Agriculture shall establish the Midewin National Tallgrass
Prairie. The MNP shall--
(1) be administered by the Secretary of Agriculture; and
(2) consist of the real property so transferred and such
other portions of the Arsenal subsequently transferred under
section 2912(b) or 2916 or acquired under section 2914(d).
(b) Administration.--
(1) In general.--The Secretary of Agriculture shall manage
the Midewin National Tallgrass Prairie as a part of the
National Forest System in accordance with this title and the
laws, rules, and regulations pertaining to the National
Forest System, except that the Bankhead-Jones Farm Tenant Act
of 1937 (7 U.S.C. 1010-1012) shall not apply to the MNP.
(2) Initial management activities.--In order to expedite
the administration and public use of the Midewin National
Tallgrass Prairie, the Secretary of Agriculture may conduct
management activities at the MNP to effectuate the purposes
for which the MNP is established, as set forth in subsection
(c), in advance of the development of a land and resource
management plan for the MNP.
(3) Land and resource management plan.--In developing a
land and resource management plan for the Midewin National
Tallgrass Prairie, the Secretary of Agriculture shall consult
with the Illinois Department of Natural Resources and local
governments adjacent to the MNP and provide an opportunity
for public comment. Any parcel transferred to the Secretary
of Agriculture under this title after the development of a
land and resource management plan for the MNP may be managed
in accordance with such plan without need for an amendment to
the plan.
(c) Purposes of the Midewin National Tallgrass Prairie.--
The Midewin National Tallgrass Prairie is established to be
managed for National Forest System purposes, including the
following:
(1) To manage the land and water resources of the MNP in a
manner that will conserve and enhance the native populations
and habitats of fish, wildlife, and plants.
(2) To provide opportunities for scientific, environmental,
and land use education and research.
(3) To allow the continuation of agricultural uses of lands
within the MNP consistent with section 2915(b).
(4) To provide a variety of recreation opportunities that
are not inconsistent with the preceding purposes.
(d) Other Land Acquisition for MNP.--
(1) Availability of land acquisition funds.--
Notwithstanding section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-9), the Secretary of
Agriculture may use monies appropriated from the Land and
Water Conservation Fund established under section 2 of such
Act (16 U.S.C. 460l-5) for the acquisition of lands and
interests in land for inclusion in the Midewin National
Tallgrass Prairie.
(2) Acquisition of lands.--The Secretary of Agriculture may
acquire lands or interests therein for inclusion in the
Midewin National Tallgrass Prairie by donation, purchase, or
exchange, except that the acquisition of private lands for
inclusion in the MNP shall be on a willing seller basis only.
(e) Cooperation With States, Local Governments and Other
Entities.--In the management of the Midewin National
Tallgrass Prairie, the Secretary of Agriculture is authorized
and encouraged to cooperate with appropriate Federal, State
and local governmental agencies, private organizations and
corporations. Such cooperation may include cooperative
agreements as well as the exercise of the existing
authorities of the Secretary under the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101 et seq.) and the
Forest and Rangeland Renewable Resources Research Act of 1978
(16 U.S.C. 1641 et seq.). The objects of such cooperation may
include public education, land and resource protection, and
cooperative management among government, corporate, and
private landowners in a manner which furthers the purposes
for which the Midewin National Tallgrass Prairie is
established.
SEC. 2915. SPECIAL MANAGEMENT REQUIREMENTS FOR MIDEWIN
NATIONAL TALLGRASS PRAIRIE.
(a) Prohibition Against the Construction of New Through
Roads.--No new construction of any highway, public road, or
any part of the interstate system, whether Federal, State, or
local, shall be permitted through or across any portion of
the Midewin National Tallgrass Prairie. Nothing in this title
shall preclude construction and maintenance of roads for use
within the MNP, the granting of authorizations for utility
rights-of-way under applicable Federal law, or such access as
is necessary. Nothing in this title shall preclude necessary
access by the Secretary of the Army for purposes of
restoration and cleanup as provided in this title.
(b) Agricultural Leases and Special Use Authorizations.--
Within the Midewin National Tallgrass Prairie, use of the
lands for agricultural purposes shall be permitted subject to
the following terms and conditions:
(1) If at the time of transfer of jurisdiction under
section 2912 or 2916 there exists any lease issued by the
Secretary of the Army or the Secretary of Defense for
agricultural purposes upon the parcel transferred, the
Secretary of Agriculture shall issue a special use
authorization to supersede the lease. The terms of the
special use authorization shall be identical in substance to
the lease that the special use authorization is superseding,
including the expiration date and any payments owed the
United States. On issuance of the special use authorization,
the lease shall become void.
(2) In addition to the authority provided in paragraph (1),
the Secretary of Agriculture may issue special use
authorizations to persons for use of the Midewin National
Tallgrass Prairie for agricultural purposes. Special use
authorizations issued pursuant to this paragraph shall
include terms and conditions as the Secretary of Agriculture
may deem appropriate.
(3) No agricultural special use authorization shall be
issued for agricultural purposes which has a term extending
beyond the date 20 years from the date of the enactment of
this title, except that nothing in this title shall preclude
the Secretary of Agriculture from issuing agricultural
special use authorizations or grazing permits which are
effective after twenty years from the date of enactment of
this title for purposes primarily related to erosion control,
provision for food and habitat for fish and wildlife, or
other resource management activities consistent with the
purposes of the Midewin National Tallgrass Prairie.
(c) Treatment of Rental Fees.--Monies received under a
special use authorization issued under subsection (b) shall
be subject to distribution to the State of Illinois and
affected counties pursuant to the Act of May 23, 1908, and
section 13 of the Act of March 1, 1911 (16 U.S.C. 500). All
monies not distributed pursuant to such Acts shall be covered
into the Treasury and shall constitute a special fund (to be
known as the ``MNP Rental Fee Account''). The Secretary of
Agriculture may use amounts in the fund, until expended and
without fiscal year limitation, to cover the cost to the
United States of prairie improvement work at the Midewin
National Tallgrass Prairie. Any amounts in the fund that the
Secretary of Agriculture determines to be in excess of the
cost of doing such work shall be transferred, upon such
determination, to miscellaneous receipts, Forest Service
Fund, as a National Forest receipt of the fiscal year in
which the transfer is made.
(d) User Fees.--The Secretary of Agriculture is authorized
to charge reasonable fees for the admission, occupancy, and
use of the Midewin National Tallgrass Prairie and
[[Page 178]]
may prescribe a fee schedule providing for reduced or a
waiver of fees for persons or groups engaged in authorized
activities including those providing volunteer services,
research, or education. The Secretary shall permit admission,
occupancy, and use at no additional charge for persons
possessing a valid Golden Eagle Passport or Golden Age
Passport.
(e) Salvage of Improvements.--The Secretary of Agriculture
may sell for salvage value any facilities and improvements
which have been transferred to the Secretary pursuant to this
title.
(f) Treatment of User Fees and Salvage Receipts.--Monies
collected pursuant to subsections (d) and (e) shall be
covered into the Treasury and constitute a special fund (to
be known as the ``Midewin National Tallgrass Prairie
Restoration Fund''). The Secretary of Agriculture may use
amounts in the fund, in such amounts as are provided in
advance in appropriation Acts, for restoration and
administration of the Midewin National Tallgrass Prairie,
including construction of a visitor and education center,
restoration of ecosystems, construction of recreational
facilities (such as trails), construction of administrative
offices, and operation and maintenance of the MNP. The
Secretary of Agriculture shall include the MNP among the
areas under the jurisdiction of the Secretary selected for
inclusion in any cost recovery or any pilot program of the
Secretary for the collection, use, and distribution of user
fees.
SEC. 2916. SPECIAL TRANSFER RULES FOR CERTAIN ARSENAL PARCELS
INTENDED FOR MNP.
(a) Description of Parcels.--The following areas of the
Arsenal may be transferred under this section:
(1) Study Area 2, explosive burning ground.
(2) Study Area 3, flashing ground.
(3) Study Area 4, lead azide area.
(4) Study Area 10, toluene tank farms.
(5) Study Area 11, landfill.
(6) Study Area 12, sellite manufacturing area.
(7) Study Area 14, former pond area.
(8) Study Area 15, sewage treatment plan.
(9) Study Area L1, load assemble packing area, group 61.
(10) Study Area L4, landfill area.
(11) Study Area L7, group 1.
(12) Study Area L8, group 2.
(13) Study Area L9, group 3.
(14) Study Area L10, group 3A.
(15) Study Area L14, group 4.
(16) Study Area L15, group 5.
(17) Study Area L18, group 8.
(18) Study Area L19, group 9.
(19) Study Area L33, PVC area.
(20) Any other lands proposed for transfer as depicted on
the map described in section 2912(e)(1) and not otherwise
specifically identified for transfer under this subtitle.
(b) Information Regarding Environmental Condition of
Parcels; Assessment of Required Actions Under Other
Environmental Laws.--
(1) Information.--Not later than 180 days after the date on
which the Secretary of the Army and the Administrator concur
in finding that, with respect to a parcel of Arsenal property
described in subsection (a), all response actions have been
taken under CERCLA necessary to protect human health and the
environment with respect to any hazardous substance remaining
on the parcel, the Secretary of the Army and the
Administrator shall provide to the Secretary of Agriculture
all information that exists on such date regarding the
environmental condition of the parcel and the implementation
of any response action, including information regarding the
effectiveness of the response action.
(2) Assessment.--At the same time as information is
provided under paragraph (1) with regard to a parcel of
Arsenal property described in subsection (a), the Secretary
of the Army shall provide to the Secretary of Agriculture an
assessment, based on information in existence at the time the
assessment is provided, indicating what further action, if
any, is required under any environmental law (other than
CERCLA) with respect to the parcel.
(3) Submission of additional information.--The Secretary of
the Army and the Administrator shall have a continuing
obligation to provide to the Secretary of Agriculture any
additional information regarding the environmental condition
of a parcel of the Arsenal property described in subsection
(a) as such information becomes available.
(c) Offer of Transfer.--Not later than 180 days after the
date on which information is provided under subsection (b)(1)
with regard to a parcel of the Arsenal property described in
subsection (a), the Secretary of the Army shall offer the
Secretary of Agriculture the option of accepting a transfer
of the parcel, without reimbursement, to be added to the
Midewin National Tallgrass Prairie. The transfer shall be
subject to the terms and conditions of this subtitle,
including the liability provisions contained in section 2913.
The Secretary of Agriculture has the option to accept or
decline the offered transfer. The transfer of property under
this section may be made on a parcel-by-parcel basis.
(d) Effect of Environmental Assessment.--
(1) Authority of secretary of agriculture to decline
transfer.--If a parcel of Arsenal property described in
subsection (a) includes property for which the assessment
under subsection (b)(2) concludes further action is required
under any other environmental law, the Secretary of
Agriculture may decline any transfer of the parcel.
Alternatively, the Secretary of Agriculture may decline
immediate transfer of the parcel and enter into a memorandum
of understanding with the Secretary of the Army providing for
the performance by the Secretary of the Army of the required
actions identified in the Army assessment with respect to the
parcel. The memorandum of understanding shall be entered into
within 90 days, or such later date as the Secretaries may
establish, after the date on which the Secretary of
Agriculture declines immediate transfer of the parcel and
shall include a schedule for the completion of the required
actions as soon as practicable.
(2) Eventual transfer.--The Secretary of Agriculture may
accept or decline at any time for any reason the transfer of
a parcel covered by this section. However, if the Secretary
of Agriculture and the Secretary of the Army enter into a
memorandum of understanding under paragraph (1) providing for
transfer of the parcel, the Secretary of Agriculture shall
accept transfer of the parcel as soon as possible after the
date on which all required further actions identified in the
assessment have been taken and the requirements of the
memorandum of understanding have been satisfied.
(e) Rule of Construction Regarding Concurrences.--For the
purpose of the reaching the concurrence required by
subsection (b)(1), if a response action requires construction
and installation of an approved remedial design, the response
action shall be considered to have been taken when the
construction and installation of the approved remedial design
is completed and the remedy is demonstrated to the
satisfaction of the Administrator to be operating properly
and successfully.
(f) Inclusions and Exceptions.--
(1) Inclusions.--The parcels of Arsenal property described
in subsection (a) shall include all associated inventoried
buildings and structures as identified in the Joliet Army
Ammunition Plant Plantwide Building and Structures Report and
the contaminate study sites for both the manufacturing and
load assembly and packing sites of the Arsenal as shown in
the Dames and Moore Final Report, Phase 2 Remedial
Investigation Manufacturing (MFG) Area Joliet Army Ammunition
Plant, Joliet, Illinois (May 30, 1993, Contract No. DAAA15-
90-D-0015 task order No. 6 prepared for the United States
Army Environmental Center).
(2) Exception.--The parcels described in subsection (a)
shall not include the property at the Arsenal designated for
transfer or conveyance under subtitle B.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
SEC. 2921. CONVEYANCE OF CERTAIN REAL PROPERTY AT ARSENAL FOR
A NATIONAL CEMETERY.
(a) Conveyance Authorized.--Subject to section 2931, the
Secretary of the Army may transfer, without reimbursement, to
the Secretary of Veterans Affairs the parcel of real property
at the Arsenal described in subsection (b) for use as a
national cemetery operated as part of the National Cemetery
System of the Department of Veterans Affairs under chapter 24
of title 38, United States Code.
(b) Description of Property.--The real property authorized
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 982
acres, the approximate legal description of which includes
part of sections 30 and 31, Jackson Township, Township 34
North, Range 10 East, and part of sections 25 and 36,
Channahon Township, Township 34 North, Range 10 East, Will
County, Illinois, as depicted in the Arsenal land use
concept.
(c) Security Measures.--The Secretary of Veterans Affairs
shall provide and maintain physical and other security
measures on the real property transferred under subsection
(a). Such security measures (which may include fences and
natural barriers) shall include measures to prevent members
of the public from gaining unauthorized access to the portion
of the Arsenal that is under the administrative jurisdiction
of the Secretary of Veterans Affairs and that may endanger
health or safety.
(d) Surveys.--All costs of necessary surveys for the
transfer of jurisdiction of Arsenal properties from the
Secretary of the Army to the Secretary of Veterans Affairs
shall be borne solely by the Secretary of Veterans Affairs.
SEC. 2922. CONVEYANCE OF CERTAIN REAL PROPERTY AT ARSENAL FOR
A COUNTY LANDFILL.
(a) Conveyance Authorized.--Subject to section 2931, the
Secretary of the Army may convey, without compensation, to
Will County, Illinois, all right, title, and interest of the
United States in and to the parcel of real property at the
Arsenal described in subsection (b), which shall be operated
as a landfill by the County.
(b) Description of Property.--The real property authorized
to be conveyed under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 455
acres, the approximate legal description of which includes
part of sections 8, 9, 16, and 17, Florence Township,
Township 33 North, Range 10 East, Will County, Illinois, as
depicted in the Arsenal land use concept.
(c) Condition on Conveyance.--The conveyance shall be
subject to the condition that the Department of the Army, the
Department of Veterans Affairs, and the Department of
Agriculture (or their agents or
[[Page 179]]
assigns) may use the landfill established on the real
property conveyed under subsection (a) for the disposal of
construction debris, refuse, and other materials related to
any restoration and cleanup of Arsenal property. Such use
shall be subject to applicable environmental laws and at no
cost to the Federal Government.
(d) Reversionary Interest.--If, at the end of the five-year
period beginning on the date of the conveyance under
subsection (a), the Secretary of Agriculture determines that
the conveyed property is not opened for operation as a
landfill, then, at the option of the Secretary of
Agriculture, all right, title, and interest in and to the
property, including improvements thereon, shall revert to the
United States. Upon any such reversion, the property shall be
included in the Midewin National Tallgrass Prairie. In the
event the United States exercises its option to cause the
property to revert, the United States shall have the right of
immediate entry onto the property.
(e) Information Regarding Environmental Conditions.--At the
request of the Secretary of Agriculture, Will County, the
Secretary of the Army, and the Administrator shall provide to
the Secretary of Agriculture all information in their
possession at the time of the request regarding the
environmental condition of the real property to be conveyed
under this section. The liability and responsibility of any
person under any environmental law shall remain unchanged
with respect to the landfill, except as provided in this
title, including section 2913.
(f) Surveys.--All costs of necessary surveys for the
conveyance of real property under this section shall be borne
by Will County, Illinois.
(g) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.
SEC. 2923. CONVEYANCE OF CERTAIN REAL PROPERTY AT ARSENAL FOR
INDUSTRIAL PARKS.
(a) Conveyance Authorized.--Subject to section 2931, the
Secretary of the Army may convey to the State of Illinois,
all right, title, and interest of the United States in and to
the parcels of real property at the Arsenal described in
subsection (b), which shall be used as industrial parks to
replace all or a part of the economic activity lost at the
Arsenal.
(b) Description of Property.--The real property at the
Arsenal authorized to be transferred under subsection (a)
consists of the following parcels:
(1) A parcel of approximately 1,900 acres, the approximate
legal description of which includes part of section 30,
Jackson Township, Township 34 North, Range 10 East, and
sections or parts of sections 24, 25, 26, 35, and 36,
Township 34 North, Range 9 East, in Channahon Township, an
area of 9.77 acres around the Des Plaines River Pump Station
located in the southeast quarter of section 15, Township 34
North, Range 9 East of the Third Principal Meridian, in
Channahon Township, and an area of 511 feet by 596 feet
around the Kankakee River Pump Station in the Northwest
Quarter of section 5, Township 33 North, Range 9 East, east
of the Third Principal Meridian in Wilmington Township,
containing 6.99 acres, located along the easterly side of the
Kankakee Cut-Off in Will County, Illinois, as depicted in the
Arsenal land use concept, and the connecting piping to the
northern industrial site, as described by the United States
Army Report of Availability, dated 13 December 1993.
(2) A parcel of approximately 1,100 acres, the approximate
legal description of which includes part of sections 16, 17,
and 18 in Florence Township, Township 33 North, Range 10
East, Will County, Illinois, as depicted in the Arsenal land
use concept.
(c) Consideration.--
(1) Delay in payment of consideration.--After the end of
the 20-year period beginning on the date on which the
conveyance under subsection (a) is completed, the State of
Illinois shall pay to the United States an amount equal to
fair market value of the conveyed property as of the time of
the conveyance.
(2) Effect of reconveyance by state.--If the State of
Illinois reconveys all or any part of the conveyed property
during such 20-year period, the State shall pay to the United
States an amount equal to the fair market value of the
reconveyed property as of the time of the reconveyance,
excluding the value of any improvements made to the property
by the State.
(3) Determination of fair market value.--The Secretary of
the Army shall determine fair market value in accordance with
Federal appraisal standards and procedures.
(4) Treatment of leases.--The Secretary of the Army may
treat a lease of the property within such 20-year period as a
reconveyance if the Secretary determines that the lease is
being used to avoid application of paragraph (2).
(5) Deposit of proceeds.--The Secretary of the Army shall
deposit any proceeds received under this subsection in the
special account established pursuant to section 204(h)(2) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(h)(2)).
(d) Conditions of Conveyance.--
(1) Redevelopment authority.--The conveyance under
subsection (a) shall be subject to the condition that the
Governor of the State of Illinois, in consultation with the
Mayor of the Village of Elwood, Illinois, and the Mayor of
the City of Wilmington, Illinois, establish a redevelopment
authority to be responsible for overseeing the development of
the industrial parks on the conveyed property.
(2) Time for establishment.--To satisfy the condition
specified in paragraph (1), the redevelopment authority shall
be established within one year after the date of the
enactment of this title.
(e) Surveys.--All costs of necessary surveys for the
conveyance of real property under this section shall be borne
by the State of Illinois.
(f) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
Subtitle C--Miscellaneous Provisions
SEC. 2931. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) In General.--Nothing in this title shall be construed
to restrict or lessen the degree of cleanup at the Arsenal
required to be carried out under provisions of any
environmental law.
(b) Response Action.--The establishment of the Midewin
National Tallgrass Prairie under subtitle A and the
additional real property transfers or conveyances authorized
under subtitle B shall not restrict or lessen in any way any
response action or degree of cleanup under CERCLA or other
environmental law, or any action required under any
environmental law to remediate petroleum products or their
derivatives (including motor oil and aviation fuel), required
to be carried out under the authority of the Secretary of the
Army at the Arsenal and surrounding areas.
(c) Environmental Quality of Property.--Any contract for
sale, deed, or other transfer of real property under subtitle
B shall be carried out in compliance with all applicable
provisions of section 120(h) of CERCLA and other
environmental laws.
SEC. 2932. RETENTION OF PROPERTY USED FOR ENVIRONMENTAL
CLEANUP.
(a) Retention of Certain Property.--Unless and until the
Arsenal property described in this subsection is actually
transferred or conveyed under this title or other applicable
law, the Secretary of the Army may retain jurisdiction,
authority, and control over real property at the Arsenal to
be used for--
(1) water treatment;
(2) the treatment, storage, or disposal of any hazardous
substance, pollutant or contaminant, hazardous material, or
petroleum products or their derivatives;
(3) other purposes related to any response action at the
Arsenal; and
(4) other actions required at the Arsenal under any
environmental law to remediate contamination or conditions of
noncompliance with any environmental law.
(b) Conditions.--The Secretary of the Army shall consult
with the Secretary of Agriculture regarding the
identification and management of the real property retained
under this section and ensure that activities carried out on
that property are consistent, to the extent practicable, with
the purposes for which the Midewin National Tallgrass Prairie
is established, as specified in section 2914(c), and with the
other provisions of sections 2914 and 2915.
(c) Priority of Response Actions.--In the case of any
conflict between management of the property by the Secretary
of Agriculture and any response action required under CERCLA,
or any other action required under any other environmental
law, including actions to remediate petroleum products or
their derivatives, the response action or other action shall
take priority.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Subject to subsection (d),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for stockpile
stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,567,175,000,
to be allocated as follows:
(1) For core stockpile stewardship, $1,159,708,000, to be
allocated as follows:
(A) For operation and maintenance, $1,078,403,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$81,305,000, to be allocated as follows:
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $2,520,000.
Project 96-D-103, ATLAS, Los Alamos National Laboratory,
Los Alamos, New Mexico, $8,400,000.
Project 96-D-104, processing and environmental technology
laboratory (PETL), Sandia National Laboratories, Albuquerque,
New Mexico, $1,800,000.
Project 96-D-105, contained firing facility addition,
Lawrence Livermore National Laboratory, Livermore,
California, $6,600,000.
Project 95-D-102, Chemical and Metallurgy Research Building
upgrades project, Los Alamos National Laboratory, Los Alamos,
New Mexico, $9,940,000.
[[Page 180]]
Project 94-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase V, various
locations, $12,200,000.
Project 93-D-102, Nevada support facility, North Las Vegas,
Nevada, $15,650,000.
Project 90-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase III, various
locations, $6,200,000.
Project 88-D-106, nuclear weapons research, development,
and testing facilities revitalization, Phase II, various
locations, $17,995,000.
(2) For inertial fusion, $240,667,000, to be allocated as
follows:
(A) For operation and maintenance, $203,267,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition, and
modification of facilities, and land acquisition related
thereto), $37,400,000:
Project 96-D-111, national ignition facility, location to
be determined, $37,400,000.
(3) For technology transfer and education, $160,000,000.
(4) For Marshall Islands, $6,800,000.
(b) Stockpile Management.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for stockpile management in
carrying out weapons activities necessary for national
security programs in the amount of $2,025,083,000, to be
allocated as follows:
(1) For operation and maintenance, $1,911,458,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$113,625,000, to be allocated as follows:
Project 96-D-122, sewage treatment quality upgrade (STQU),
Pantex Plant, Amarillo, Texas, $600,000.
Project 96-D-123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y-12 Plant,
Oak Ridge, Tennessee, $3,100,000.
Project 96-D-125, Washington measurements operations
facility, Andrews Air Force Base, Camp Springs, Maryland,
$900,000.
Project 96-D-126, tritium loading line modifications,
Savannah River Site, South Carolina, $12,200,000.
Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, Oak
Ridge, Tennessee, $6,300,000.
Project 94-D-124, hydrogen fluoride supply system, Y-12
Plant, Oak Ridge, Tennessee, $8,700,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $5,500,000.
Project 94-D-127, emergency notification system, Pantex
Plant, Amarillo, Texas, $2,000,000.
Project 94-D-128, environmental safety and health
analytical laboratory, Pantex Plant, Amarillo, Texas,
$4,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $7,200,000.
Project 93-D-123, complex-21, various locations,
$41,065,000.
Project 88-D-122, facilities capability assurance program,
various locations, $8,660,000.
Project 88-D-123, security enhancement, Pantex Plant,
Amarillo, Texas, $13,400,000.
(c) Program Direction.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for program direction in carrying
out weapons activities necessary for national security
programs in the amount of $115,000,000.
(d) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (c) reduced by the sum of--
(1) $37,200,000, for savings resulting from procurement
reform; and
(2) $209,744,000, for use of prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for environmental
restoration in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,635,973,000.
(b) Waste Management.--Subject to subsection (h), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for waste management in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$2,470,598,000, to be allocated as follows:
(1) For operation and maintenance, $2,295,994,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$174,604,000, to be allocated as follows:
Project 96-D-406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $42,000,000.
Project 96-D-407, mixed waste/low-level waste treatment
projects, Rocky Flats Plant, Golden, Colorado, $2,900,000.
Project 96-D-408, waste management upgrades, various
locations, $5,615,000.
Project 95-D-402, install permanent electrical service,
Waste Isolation Pilot Plant, Carlsbad, New Mexico,
$4,314,000.
Project 95-D-405, industrial landfill V and construction/
demolition landfill VII, Phase III, Y-12 Plant, Oak Ridge,
Tennessee, $4,600,000.
Project 95-D-406, road 5-01 reconstruction, area 5, Nevada
Test Site, Nevada, $1,023,000.
Project 95-D-407, 219-S secondary containment upgrade,
Richland Washington, $1,000,000.
Project 94-D-400, high explosive wastewater treatment
system, Los Alamos National Laboratory, Los Alamos, New
Mexico, $4,445,000.
Project 94-D-402, liquid waste treatment system, Nevada
Test Site, Nevada, $282,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $11,000,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $12,000,000.
Project 94-D-411, solid waste operation complex, Richland,
Washington, $6,606,000.
Project 93-D-178, building 374 liquid waste treatment
facility, Rocky Flats Plant, Golden, Colorado, $3,900,000.
Project 93-D-181, radioactive liquid waste line
replacement, Richland, Washington, $5,000,000.
Project 93-D-182, replacement of cross-site transfer
system, Richland, Washington, $19,795,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, South Carolina,
$19,700,000.
Project 92-D-171, mixed waste receiving and storage
facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $1,105,000.
Project 92-D-188, waste management environmental, safety
and health (ES&H) and compliance activities, various
locations, $1,100,000.
Project 90-D-172, aging waste transfer lines, Richland,
Washington, $2,000,000.
Project 90-D-177, RWMC transuranic (TRU) waste
characterization and storage facility, Idaho National
Engineering Laboratory, Idaho, $1,428,000.
Project 90-D-178, TSA retrieval enclosure, Idaho National
Engineering Laboratory, Idaho, $2,606,000.
Project 89-D-173, tank farm ventilation upgrade, Richland,
Washington, $800,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River Site, Aiken, South Carolina, $11,500,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $8,885,000.
Project 83-D-148, nonradioactive hazardous waste
management, Savannah River Site, Aiken, South Carolina,
$1,000,000.
(c) Technology Development.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for technology
development in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $440,510,000.
(d) Transportation Management.--Subject to subsection (h),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for transportation
management in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $13,158,000.
(e) Nuclear Materials and Facilities Stabilization.--
Subject to subsection (h), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1996
for nuclear materials and facilities stabilization in
carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $1,561,854,000 to be allocated as follows:
(1) For operation and maintenance, $1,447,108,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$114,746,000, to be allocated as follows:
Project 96-D-457, thermal treatment system, Richland
Washington, $1,000,000.
Project 96-D-458, site drainage control, Mound Plant,
Miamisburg, Ohio, $885,000.
Project 96-D-461, electrical distribution upgrade, Idaho
National Engineering Laboratory, Idaho, $1,539,000.
Project 96-D-464, electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $4,952,000.
Project 96-D-468, residue elimination project, Rocky Flats
Plant, Golden, Colorado, $33,100,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $1,500,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River Site, South Carolina, $2,900,000.
Project 95-D-156, radio trunking system, Savannah River
Site, South Carolina, $6,000,000.
Project 95-D-454, 324 facility compliance/renovation,
Richland, Washington, $3,500,000.
Project 95-D-456, security facilities upgrade, Idaho
Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $8,382,000.
[[Page 181]]
Project 94-D-122, underground storage tanks, Rocky Flats
Plant, Golden, Colorado, $5,000,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $5,074,000.
Project 94-D-412, 300 area process sewer piping upgrade,
Richland, Washington, $1,000,000.
Project 94-D-415, medical facilities, Idaho National
Engineering Laboratory, Idaho, $3,601,000.
Project 94-D-451, infrastructure replacement, Rocky Flats
Plant, Golden, Colorado, $2,940,000.
Project 93-D-147, domestic water system upgrade, Phase I
and II, Savannah River Site, Aiken, South Carolina,
$7,130,000.
Project 92-D-123, plant fire/security alarm systems
replacement, Rocky Flats Plant, Golden, Colorado, $9,560,000.
Project 92-D-125, master safeguards and security agreement/
materials surveillance task force security upgrades, Rocky
Flats Plant, Golden, Colorado, $7,000,000.
Project 92-D-181, fire and life safety improvements, Idaho
National Engineering Laboratory, Idaho, $6,883,000.
Project 91-D-127, criticality alarm and plant annunciation
utility replacement, Rocky Flats Plant, Golden, Colorado,
$2,800,000.
(f) Compliance and Program Coordination.--Subject to
subsection (h), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1996
for compliance and program coordination in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$46,251,000, to be allocated as follows:
(1) For operation and maintenance, $31,251,000.
(2) For the following plant project (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of a project
authorized in prior years, and land acquisition related
thereto):
Project 95-E-600, hazardous materials training center,
Richland, Washington, $15,000,000.
(g) Analysis, Education, and Risk Management.--Subject to
subsection (h), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1996
for analysis, education, and risk management in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$78,522,000.
(h) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (g) reduced by
the sum of--
(1) $652,334,000, for use of prior year balances; and
(2) $37,000,000, for Savannah River Pension Refund.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) Other Defense Activities.--Subject to subsection (b),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for other defense
activities in carrying out programs necessary for national
security in the amount of $1,351,975,600, to be allocated as
follows:
(1) For verification and control technology, $428,205,600,
to be allocated as follows:
(A) For nonproliferation and verification research and
development, $224,905,000.
(B) For arms control, $160,964,600.
(C) For intelligence, $42,336,000.
(2) For nuclear safeguards and security, $83,395,000.
(3) For security investigations, $20,000,000.
(4) For security evaluations, $14,707,000.
(5) For the Office of Nuclear Safety, $17,679,000.
(6) For worker and community transition assistance,
$82,500,000.
(7) For fissile materials disposition, $70,000,000.
(8) For emergency management, $23,321,000.
(9) For naval reactors development, $682,168,000, to be
allocated as follows:
(A) For operation and infrastructure, $652,568,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$29,600,000, to be allocated as follows:
Project GPN-101, general plant projects, various locations,
$6,600,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $11,300,000.
Project 95-D-201, advanced test reactor radioactive waste
system upgrades, Idaho National Engineering Laboratory,
Idaho, $4,800,000.
Project 93-D-200, engineering services facilities, Knolls
Atomic Power Laboratory, Niskayuna, New York, $3,900,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $3,000,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to this section is the amount
authorized to be appropriated in subsection (a) reduced by
$70,000,000, for use of prior year balances.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $248,400,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by sections 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which
the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same period as the authorization to which the amounts are
transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items relating to
weapons activities necessary for national security programs
that have a higher priority than the items from which the
funds are transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee
[[Page 182]]
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any
Department of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect
property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE
MATERIALS.
(a) Authority.--The Secretary of Energy may conduct
programs designed to improve the protection, control, and
accountability of fissile materials in Russia.
(b) Semi-Annual Reports on Obligation of Funds.--(1) Not
later than 30 days after the date of the enactment of this
Act, and thereafter not later than April 1 and October 1 of
each year, the Secretary of Energy shall submit to Congress a
report on each obligation during the preceding six months of
funds appropriated for a program described in subsection (a).
(2) Each such report shall specify--
(A) the activities and forms of assistance for which the
Secretary of Energy has obligated funds;
(B) the amount of the obligation;
(C) the activities and forms of assistance for which the
Secretary anticipates obligating funds during the six months
immediately following the report, and the amount of each such
anticipated obligation; and
(D) the projected involvement (if any) of any department or
agency of the United States (in addition to the Department of
Energy) and of the private sector of the United States in the
activities and forms of assistance for which the Secretary of
Energy has obligated funds referred to in subparagraph (A).
SEC. 3132. NATIONAL IGNITION FACILITY.
None of the funds authorized to be appropriated pursuant to
this title for construction of the National Ignition Facility
may be obligated until--
(1) the Secretary of Energy determines that the
construction of the National Ignition Facility will not
impede the nuclear nonproliferation objectives of the United
States; and
(2) the Secretary of Energy notifies the congressional
defense committees of that determination.
SEC. 3133. TRITIUM PRODUCTION PROGRAM.
(a) Establishment of Program.--The Secretary of Energy
shall establish a tritium production program that is capable
of meeting the tritium requirements of the United States for
nuclear weapons. In carrying out the tritium production
program, the Secretary shall--
(1) complete the tritium supply and recycling environmental
impact statement in preparation by the Secretary as of the
date of the enactment of this Act; and
(2) assess alternative means for tritium production,
including production through--
(A) types of new and existing reactors, including
multipurpose reactors (such as advanced light water reactors
and gas turbine gas-cooled reactors) capable of meeting both
the tritium production requirements and the plutonium
disposition requirements of the United States for nuclear
weapons;
(B) an accelerator; and
(C) multipurpose reactor projects carried out by the
private sector and the Government.
(b) Funding.--Of funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, not more than
$50,000,000 shall be available for the tritium production
program established pursuant to subsection (a).
(c) Location of Tritium Production Facility.--The Secretary
shall locate any new tritium production facility of the
Department of Energy at the Savannah River Site, South
Carolina.
(d) Cost-Benefit Analysis.--(1) The Secretary shall include
in the statements referred to in paragraph (2) a comparison
of the costs and benefits of carrying out two projects for
the separate performance of the tritium production mission of
the Department and the plutonium disposition mission of the
Department with the costs and benefits of carrying out one
multipurpose project for the performance of both such
missions.
(2) The statements referred to in paragraph (1) are--
(A) the environmental impact statement referred to in
subsection (a)(1);
(B) the plutonium disposition environmental impact
statement in preparation by the Secretary as of the date of
the enactment of this Act; and
(C) assessments related to the environmental impact
statements referred to in subparagraphs (A) and (B).
(e) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the tritium production program established pursuant to
subsection (a). The report shall include a specification of--
(1) the planned expenditures of the Department during
fiscal year 1996 for any of the alternative means for tritium
production assessed under subsection (a)(2);
(2) the amount of funds required to be expended by the
Department, and the program milestones (including feasibility
demonstrations) required to be met, during fiscal years 1997
through 2001 to ensure tritium production beginning not later
than 2005 that is adequate to meet the tritium requirements
of the United States for nuclear weapons; and
(3) the amount of such funds to be expended and such
program milestones to be met during such fiscal years to
ensure such tritium production beginning not later than 2011.
(f) Tritium Targets.--Of the funds made available pursuant
to subsection (b), not more than $5,000,000 shall be
available for the Idaho National Engineering Laboratory for
the test and development of nuclear reactor tritium targets
for the types of reactors assessed under subsection
(a)(2)(A).
SEC. 3134. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986 (26 U.S.C. 9507), from funds
appropriated to the Department of Energy for environmental
restoration and waste management activities pursuant to
section 3102, stipulated civil penalties in the amount of
$350,000 assessed under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) against the Rocky Flats Site, Colorado.
SEC. 3135. FISSILE MATERIALS DISPOSITION.
(a) In General.--Of the funds authorized to be appropriated
to the Department of Energy for fiscal year 1996 pursuant to
section 3103, $70,000,000 shall be available only for
purposes of completing the evaluation of, and commencing
implementation of, the interim- and long-term storage and
disposition (including storage and disposition through the
use of advanced light water reactors and gas turbine gas-
cooled reactors) of fissile materials (including plutonium,
highly enriched uranium, and other fissile materials) that
are excess to the national security needs of the United
States.
(b) Availability of Funds for Multipurpose Reactors.--Of
funds made available pursuant to subsection (a), sufficient
funds shall be made available for the complete consideration
of multipurpose reactors for the disposition of fissile
materials in the programmatic environmental impact statement
of the Department.
(c) Limitation.--Of funds made available pursuant to
subsection (a), $10,000,000 shall
[[Page 183]]
be available only for a plutonium resource assessment.
SEC. 3136. TRITIUM RECYCLING.
(a) In General.--Except as provided in subsection (b), the
following activities shall be carried out at the Savannah
River Site, South Carolina:
(1) All tritium recycling for weapons, including tritium
refitting.
(2) All activities regarding tritium formerly carried out
at the Mound Plant, Ohio.
(b) Exception.--The following activities may be carried out
at the Los Alamos National Laboratory, New Mexico:
(1) Research on tritium.
(2) Work on tritium in support of the defense inertial
confinement fusion program.
(3) Provision of technical assistance to the Savannah River
Site regarding the weapons surveillance program.
SEC. 3137. MANUFACTURING INFRASTRUCTURE FOR REFABRICATION AND
CERTIFICATION OF NUCLEAR WEAPONS STOCKPILE.
(a) Manufacturing Program.--The Secretary of Energy shall
carry out a program for purposes of establishing within the
Government a manufacturing infrastructure that has the
capabilities of meeting the following objectives as specified
in the Nuclear Posture Review:
(1) To provide a stockpile surveillance engineering base.
(2) To refabricate and certify weapon components and types
in the enduring nuclear weapons stockpile, as necessary.
(3) To fabricate and certify new nuclear warheads, as
necessary.
(4) To support nuclear weapons.
(5) To supply sufficient tritium in support of nuclear
weapons to ensure an upload hedge in the event circumstances
require.
(b) Required Capabilities.--The manufacturing
infrastructure established under the program under subsection
(a) shall include the following capabilities (modernized to
attain the objectives referred to in that subsection):
(1) The weapons assembly capabilities of the Pantex Plant.
(2) The weapon secondary fabrication capabilities of the Y-
12 Plant, Oak Ridge, Tennessee.
(3) The tritium production, recycling, and other weapons-
related capabilities of the Savannah River Site.
(4) The non-nuclear component capabilities of the Kansas
City Plant.
(c) Nuclear Posture Review.--For purposes of subsection
(a), the term ``Nuclear Posture Review'' means the Department
of Defense Nuclear Posture Review as contained in the Report
of the Secretary of Defense to the President and the Congress
dated February 19, 1995, or subsequent such reports.
(d) Funding.--Of the funds authorized to be appropriated
under section 3101(b), $143,000,000 shall be available for
carrying out the program required under this section, of
which--
(1) $35,000,000 shall be available for activities at the
Pantex Plant;
(2) $30,000,000 shall be available for activities at the Y-
12 Plant, Oak Ridge, Tennessee;
(3) $35,000,000 shall be available for activities at the
Savannah River Site; and
(4) $43,000,000 shall be available for activities at the
Kansas City Plant.
(e) Plan and Report.--The Secretary shall develop a plan
for the implementation of this section. Not later than March
1, 1996, the Secretary shall submit to Congress a report on
the obligations the Secretary has incurred, and plans to
incur, during fiscal year 1996 for the program referred to in
subsection (a).
SEC. 3138. HYDRONUCLEAR EXPERIMENTS.
Of the funds authorized to be appropriated to the
Department of Energy pursuant to section 3101, $30,000,000
shall be available to prepare for the commencement of a
program of hydronuclear experiments at the nuclear weapons
design laboratories at the Nevada Test Site, Nevada. The
purpose of the program shall be to maintain confidence in the
reliability and safety of the nuclear weapons stockpile.
SEC. 3139. LIMITATION ON AUTHORITY TO CONDUCT HYDRONUCLEAR
TESTS.
Nothing in this Act may be construed to authorize the
conduct of hydronuclear tests or to amend or repeal the
requirements of section 507 of the Energy and Water
Development Appropriations Act, 1993 (Public Law 102-377; 106
Stat. 1343; 42 U.S.C. 2121 note).
SEC. 3140. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL TO THE DEPARTMENT OF ENERGY NUCLEAR
WEAPONS COMPLEX.
(a) In General.--The Secretary of Energy shall conduct a
fellowship program for the development of skills critical to
the ongoing mission of the Department of Energy nuclear
weapons complex. Under the fellowship program, the Secretary
shall--
(1) provide educational assistance and research assistance
to eligible individuals to facilitate the development by such
individuals of skills critical to maintaining the ongoing
mission of the Department of Energy nuclear weapons complex;
(2) employ eligible individuals at the facilities described
in subsection (c) in order to facilitate the development of
such skills by these individuals; or
(3) provide eligible individuals with the assistance and
the employment.
(b) Eligible Individuals.--Individuals eligible for
participation in the fellowship program are the following:
(1) Students pursuing graduate degrees in fields of science
or engineering that are related to nuclear weapons
engineering or to the science and technology base of the
Department of Energy.
(2) Individuals engaged in postdoctoral studies in such
fields.
(c) Covered Facilities.--The Secretary shall carry out the
fellowship program at or in connection with the following
facilities:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y-12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South Carolina.
(d) Administration.--The Secretary shall carry out the
fellowship program at a facility referred to in subsection
(c) through the stockpile manager of the facility.
(e) Allocation of Funds.--The Secretary shall, in
consultation with the Assistant Secretary of Energy for
Defense Programs, allocate funds available for the fellowship
program under subsection (f) among the facilities referred to
in subsection (c). The Secretary shall make the allocation
after evaluating an assessment by the weapons program
director of each such facility of the personnel and critical
skills necessary at the facility for carrying out the ongoing
mission of the facility.
(f) Funding.--Of the funds authorized to be appropriated to
the Department of Energy for fiscal year 1996 under section
3101(b), $10,000,000 may be used for the purpose of carrying
out the fellowship program under this section.
SEC. 3141. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH
AND DEVELOPMENT PURPOSES.
Funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1996 under section 3101
may be obligated and expended for activities under the
Department of Energy Laboratory Directed Research and
Development Program or under Department of Energy technology
transfer programs only if such activities support the
national security mission of the Department.
SEC. 3142. PROCESSING AND TREATMENT OF HIGH-LEVEL NUCLEAR
WASTE AND SPENT NUCLEAR FUEL RODS.
(a) Processing of Spent Nuclear Fuel Rods.--Of the amounts
appropriated pursuant to section 3102, there shall be
available to the Secretary of Energy to respond effectively
to new requirements for managing spent nuclear fuel--
(1) not more than $30,000,000, for the Savannah River Site
for the development and implementation of a program for the
processing, reprocessing, separation, reduction, isolation,
and interim storage of high-level nuclear waste associated
with aluminum clad spent fuel rods and foreign spent fuel
rods; and
(2) not more than $15,000,000, for the Idaho National
Engineering Laboratory for the development and implementation
of a program for the treatment, preparation, and conditioning
of high-level nuclear waste and spent nuclear fuel (including
naval spent nuclear fuel), nonaluminum clad fuel rods, and
foreign fuel rods for interim storage and final disposition.
(b) Implementation Plan.--Not later than April 30, 1996,
the Secretary shall submit to Congress a five-year plan for
the implementation of the programs referred to in subsection
(a). The plan shall include--
(1) an assessment of the facilities required to be
constructed or upgraded to carry out the processing,
separation, reduction, isolation and interim storage of high-
level nuclear waste;
(2) a description of the technologies, including
stabilization technologies, that are required to be developed
for the efficient conduct of the programs;
(3) a projection of the dates upon which activities under
the programs are sufficiently completed to provide for the
transfers of such waste to permanent repositories; and
(4) a projection of the total cost to complete the
programs.
(c) Electrometallurgical Waste Treatment Technologies.--Of
the amount appropriated pursuant to section 3102(c), not more
than $25,000,000 shall be available for development of
electrometallurgical waste treatment technologies at the
Argonne National Laboratory.
(d) Use of Funds for Settlement Agreement.--Funds made
available pursuant to subsection (a)(2) for the Idaho
National Engineering Laboratory shall be considered to be
funds made available in partial fulfillment of the terms and
obligations set forth in the settlement agreement entered
into by the United States with the State of Idaho in the
actions captioned Public Service Co. of Colorado v. Batt,
Civil No. 91-0035-S-EJL, and United States v. Batt, Civil No.
91-0054-S-EJL, in the United States District Court for the
District of Idaho and the consent order of the United States
District Court for the District of Idaho, dated October 17,
1995, that effectuates the settlement agreement.
SEC. 3143. PROTECTION OF WORKERS AT NUCLEAR WEAPONS
FACILITIES.
Of the funds authorized to be appropriated to the
Department of Energy under section 3102, $10,000,000 shall be
available to carry out activities authorized under section
3131 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1571; 42
U.S.C. 7274d), relating to worker protection at nuclear
weapons facilities.
[[Page 184]]
SEC. 3144. DEPARTMENT OF ENERGY DECLASSIFICATION PRODUC-
TIVITY INITIATIVE.
Of the funds authorized to be appropriated to the
Department of Energy under section 3103, $3,000,000 shall be
available for the Declassification Productivity Initiative of
the Department of Energy.
Subtitle D--Other Matters
SEC. 3151. REPORT ON FOREIGN TRITIUM PURCHASES.
(a) Report.--Not later than May 1, 1996, the President
shall submit to the congressional defense committees a report
on the feasibility of, the cost of, and the policy, legal,
and other issues associated with purchasing tritium from
various foreign suppliers in order to ensure an adequate
supply of tritium in the United States for nuclear weapons.
(b) Form of Report.--The report shall be submitted in
unclassified form, but may contain a classified appendix.
SEC. 3152. STUDY ON NUCLEAR TEST READINESS POSTURES.
Not later than February 15, 1996, the Secretary of Energy
shall submit to Congress a report on the costs, programmatic
issues, and other issues associated with sustaining the
capability of the Department of Energy--
(1) to conduct an underground nuclear test 6 months after
the date on which the President determines that such a test
is necessary to ensure the national security of the United
States;
(2) to conduct such a test 18 months after such date; and
(3) to conduct such a test 36 months after such date.
SEC. 3153. MASTER PLAN FOR THE CERTIFICATION, STEWARDSHIP,
AND MANAGEMENT OF WARHEADS IN THE NUCLEAR
WEAPONS STOCKPILE.
(a) Master Plan Requirement.--Not later than March 15,
1996, the President shall submit to Congress a master plan
for maintaining the nuclear weapons stockpile. The President
shall submit to Congress an update of the master plan not
later than March 15 of each year thereafter.
(b) Plan Elements.--The master plan and each update of the
master plan shall set forth the following:
(1) The numbers of weapons (including active and inactive
weapons) for each type of weapon in the nuclear weapons
stockpile.
(2) The expected design lifetime of each weapon type, the
current age of each weapon type, and any plans (including the
analytical basis for such plans) for lifetime extensions of a
weapon type.
(3) An estimate of the lifetime of the nuclear and
nonnuclear components of the weapons (including active
weapons and inactive weapons) in the nuclear weapons
stockpile, and any plans (including the analytical basis for
such plans) for lifetime extensions of such components.
(4) A schedule of the modifications, if any, required for
each weapon type (including active and inactive weapons) in
the nuclear weapons stockpile and the cost of such
modifications.
(5) The process to be used in recertifying the safety,
reliability, and performance of each weapon type (including
active weapons and inactive weapons) in the nuclear weapons
stockpile.
(6) The manufacturing infrastructure required to maintain
the nuclear weapons stockpile stewardship and management
programs, including a detailed project plan that demonstrates
the manner by which the Government will develop by 2002 the
capability to refabricate and certify warheads in the nuclear
weapons stockpile and to design, fabricate, and certify new
warheads.
(c) Form of Plan.--The master plan and each update of the
master plan shall be submitted in unclassified form, but may
contain a classified appendix.
SEC. 3154. PROHIBITION ON INTERNATIONAL INSPECTIONS OF
DEPARTMENT OF ENERGY FACILITIES UNLESS
PROTECTION OF RESTRICTED DATA IS CERTIFIED.
(a) Prohibition on Inspections.--(1) The Secretary of
Energy may not allow an inspection of a nuclear weapons
facility by the International Atomic Energy Agency until the
Secretary certifies to Congress that no restricted data will
be revealed during such inspection.
(2) For purposes of paragraph (1), the term ``restricted
data'' has the meaning provided by section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
(b) Extension of Notice-and-Wait Requirement Regarding
Proposed Cooperation Agreements.--Section 3155(b) of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 3092) is amended by striking
out ``December 31, 1995'' and inserting in lieu thereof
``October 1, 1996''.
SEC. 3155. REVIEW OF CERTAIN DOCUMENTS BEFORE
DECLASSIFICATION AND RELEASE.
(a) In General.--The Secretary of Energy shall ensure that,
before a document of the Department of Energy that contains
national security information is released or declassified,
such document is reviewed to determine whether it contains
restricted data.
(b) Limitation on Declassification.--The Secretary may not
implement the automatic declassification provisions of
Executive Order 12958 if the Secretary determines that such
implementation could result in the automatic declassification
and release of documents containing restricted data.
(c) Restricted Data Defined.--In this section, the term
``restricted data'' has the meaning provided by section 11 y.
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3156. ACCELERATED SCHEDULE FOR ENVIRONMENTAL RESTORATION
AND WASTE MANAGEMENT ACTIVITIES.
(a) Accelerated Cleanup.--The Secretary of Energy shall
accelerate the schedule for environmental restoration and
waste management activities and projects for a site at a
Department of Energy defense nuclear facility if the
Secretary determines that such an accelerated schedule will
achieve meaningful, long-term cost savings to the Federal
Government and could substantially accelerate the release of
land for local reuse.
(b) Consideration of Factors.--In making a determination
under subsection (a), the Secretary shall consider the
following:
(1) The cost savings achievable by the Federal Government.
(2) The amount of time for completion of environmental
restoration and waste management activities and projects at
the site that can be reduced from the time specified for
completion of such activities and projects in the baseline
environmental management report required to be submitted for
1995 under section 3153 of the National Defense Authorization
Act for Fiscal Year 1994 (42 U.S.C. 7274k).
(3) The potential for reuse of the site.
(4) The risks that the site poses to local health and
safety.
(5) The proximity of the site to populated areas.
(c) Report.--Not later than May 1, 1996, the Secretary
shall submit to Congress a report on each site for which the
Secretary has accelerated the schedule for environmental
restoration and waste management activities and projects
under subsection (a). The report shall include an explanation
of the basis for the determination for that site required by
such subsection, including an explanation of the
consideration of the factors described in subsection (b).
(d) Savings Provision.--Nothing in this section may be
construed to affect a specific statutory requirement for a
specific environmental restoration or waste management
activity or project or to modify or otherwise affect
applicable statutory or regulatory environmental restoration
and waste management requirements, including substantive
standards intended to protect public health and the
environment.
SEC. 3157. SENSE OF CONGRESS REGARDING CERTAIN ENVIRONMENTAL
RESTORATION REQUIREMENTS.
It is the sense of Congress that--
(1) an individual acting within the scope of that
individual's employment with a Federal agency should not be
personally subject to civil or criminal sanctions (to the
extent such sanctions are provided for by law) as a result of
the failure to comply with an environmental cleanup
requirement under the Solid Waste Disposal Act or the
Comprehensive Environmental Response, Compensation, and
Liability Act or an analogous requirement under a comparable
Federal, State, or local law, in any circumstance under which
such failure to comply is due to an insufficiency of funds
appropriated to carry out such requirement;
(2) Federal and State enforcement authorities should
refrain from an enforcement action in a circumstance
described in paragraph (1); and
(3) if funds appropriated for a fiscal year after fiscal
year 1995 are insufficient to carry out any such
environmental cleanup requirement, Congress should elicit the
views of Federal agencies, affected States, and the public,
and consider appropriate legislative action to address
personal criminal liability in a circumstance described in
paragraph (1) and any related issues pertaining to potential
liability of a Federal agency.
SEC. 3158. RESPONSIBILITY FOR DEFENSE PROGRAMS EMERGENCY
RESPONSE PROGRAM.
The Office of Military Applications under the Assistant
Secretary of Energy for Defense Programs shall retain
responsibility for the Defense Programs Emergency Response
Program within the Department of Energy.
SEC. 3159. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS
ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER
FISCAL YEAR 1996.
(a) In General.--The weapons activities budget of the
Department of Energy shall be developed in accordance with
the Nuclear Posture Review, the Post Nuclear Posture Review
Stockpile Memorandum currently under development, and the
programmatic and technical requirements associated with the
review and memorandum.
(b) Required Detail.--The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in
support of the budget for a fiscal year submitted by the
President pursuant to section 1105 of title 31, United States
Code, a long-term program plan, and a near-term program plan,
for the certification and stewardship of the nuclear weapons
stockpile.
(c) Definition.--In this section, the term ``Nuclear
Posture Review'' means the Department of Defense Nuclear
Posture Review as contained in the report of the Secretary of
Defense to the President and the Congress dated February 19,
1995, or in subsequent such reports.
SEC. 3160. REPORT ON HYDRONUCLEAR TESTING.
(a) Report.--The Secretary of Energy shall direct the joint
preparation by the Directors of the Lawrence Livermore
National Laboratory and the Los Alamos National Laboratory of
a report on the advantages and disadvantages with respect to
the safety and reliability of the nuclear weapons stockpile
of
[[Page 185]]
permitting alternative limits to the current limit on the
explosive yield of hydronuclear and other explosive tests.
The report shall address the following explosive yield
limits:
(1) 4 pounds (TNT equivalent).
(2) 400 pounds (TNT equivalent).
(3) 4,000 pounds (TNT equivalent).
(4) 40,000 pounds (TNT equivalent).
(5) 400 tons (TNT equivalent).
(b) Funding.--The Secretary shall make available funds
appropriated to the Department of Energy pursuant to section
3101 for preparation of the report required under subsection
(a).
SEC. 3161. APPLICABILITY OF ATOMIC ENERGY COMMUNITY ACT OF
1955 TO LOS ALAMOS, NEW MEXICO.
(a) Date of Transfer of Utilities.--Section 72 of the
Atomic Energy Community Act of 1955 (42 U.S.C. 2372) is
amended by striking out ``not later than five years after the
date it is included within this Act'' and inserting in lieu
thereof ``not later than June 30, 1998''.
(b) Date of Transfer of Municipal Installations.--Section
83 of such Act (42 U.S.C. 2383) is amended by striking out
``not later than five years after the date it is included
within this Act'' and inserting in lieu thereof ``not later
than June 30, 1998''.
(c) Recommendation for Further Assistance Payments.--
Section 91d. of such Act (42 U.S.C. 2391) is amended--
(1) by striking out ``, and the Los Alamos School Board;''
and all that follows through ``county of Los Alamos, New
Mexico'' and inserting in lieu thereof ``; or not later than
June 30, 1996, in the case of the Los Alamos School Board and
the county of Los Alamos, New Mexico''; and
(2) by adding at the end the following new sentence: ``If
the recommendation under the preceding sentence regarding the
Los Alamos School Board or the county of Los Alamos, New
Mexico, indicates a need for further assistance for the
school board or the county, as the case may be, after June
30, 1997, the recommendation shall include a report and plan
describing the actions required to eliminate the need for
further assistance for the school board or the county,
including a proposal for legislative action to carry out the
plan.''.
(d) Contract To Make Payments.--Section 94 of such Act (42
U.S.C. 2394) is amended--
(1) by striking out ``June 30, 1996'' each place it appears
in the proviso in the first sentence and inserting in lieu
thereof ``June 30, 1997''; and
(2) by striking out ``July 1, 1996'' in the second sentence
and inserting in lieu thereof ``July 1, 1997''.
SEC. 3162. SENSE OF CONGRESS REGARDING SHIPMENTS OF SPENT
NUCLEAR FUEL.
(a) Findings.--Congress makes the following findings:
(1) The United States has entered into a settlement
agreement with the State of Idaho in the actions captioned
Public Service Co. of Colorado v. Batt, Civil No. 91-0035-S-
EJL, and United States v. Batt, Civil No. 91-0054-S-EJL, in
the United States District Court for the District of Idaho,
regarding shipment of naval spent nuclear fuel to Idaho,
examination and storage of such fuel in Idaho, and other
matters.
(2) Under this court enforceable agreement--
(A) the State of Idaho has agreed--
(i) to accept 575 shipments of naval spent nuclear fuel
from the Navy into Idaho between October 17, 1995 and 2035;
(ii) to accept certain shipments of spent nuclear fuel from
the Department of Energy into Idaho between October 17, 1995
and 2035; and
(iii) to allow the Navy and the Department of Energy, on an
interim basis, to store the spent nuclear fuel in Idaho over
the next 40 years; and
(B) the United States has made commitments--
(i) to remove all spent nuclear fuel (except certain
quantities for testing) from Idaho by 2035; and
(ii) to facilitate the cleanup and stabilization of
radioactive waste at the Idaho National Engineering
Laboratory.
(3) The settlement agreement allows the Department of
Energy and the Department of the Navy to meet
responsibilities that are important to the national security
interests of the United States.
(4) Authorizations and appropriations of funds will be
necessary in order to provide for fulfillment of the terms
and obligations set forth in the settlement agreement.
(b) Sense of Congress.--(1) Congress recognizes the need to
implement the terms, conditions, rights, and obligations
contained in the settlement agreement referred to in
subsection (a)(1) and the consent order of the United States
District Court for the District of Idaho, dated October 17,
1995, that effectuates the settlement agreement in accordance
with those terms, conditions, rights, and obligations.
(2) It is the sense of Congress that funds requested by the
President to carry out the settlement agreement and such
consent order should be appropriated for that purpose.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1996, $17,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
1996, the National Defense Stockpile Manager may obligate up
to $77,100,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)).
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. DISPOSAL OF CHROMITE AND MANGANESE ORES AND
CHROMIUM FERRO AND MANGANESE METAL
ELECTROLYTIC.
(a) Domestic Upgrading.--In offering to enter into
agreements pursuant to any provision of law for the disposal
from the National Defense Stockpile of chromite and manganese
ores or chromium ferro and manganese metal electrolytic, the
President shall give a right of first refusal on all such
offers to domestic ferroalloy upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of
this section, the term ``domestic ferroalloy upgrader'' means
a company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade chromite or
manganese ores of metallurgical grade or chromium ferro and
manganese metal electrolytic; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
SEC. 3304. RESTRICTIONS ON DISPOSAL OF MANGANESE FERRO.
(a) Disposal of Lower Grade Material First.--The President
may not dispose of high carbon manganese ferro in the
National Defense Stockpile that meets the National Defense
Stockpile classification of Grade One, Specification 30(a),
as revised on May 22, 1992, until completing the disposal of
all manganese ferro in the National Defense Stockpile that
does not meet such classification. The President may not
reclassify manganese ferro in the National Defense Stockpile
after the date of the enactment of this Act.
(b) Requirement for Remelting by Domestic Ferroalloy
Producers.--Manganese ferro in the National Defense Stockpile
that does not meet the classification specified in subsection
(a) may be sold only for remelting by a domestic ferroalloy
producer unless the President determines that a domestic
ferroalloy producer is not available to acquire the material.
(c) Domestic Ferroalloy Producer Defined.--For purposes of
this section, the term ``domestic ferroalloy producer'' means
a company or other business entity that, as determined by the
President--
(1) is engaged in operations to upgrade manganese ores of
metallurgical grade or manganese ferro; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
SEC. 3305. TITANIUM INITIATIVE TO SUPPORT BATTLE TANK UPGRADE
PROGRAM.
During each of the fiscal years 1996 through 2003, the
Secretary of Defense shall transfer from stocks of the
National Defense Stockpile up to 250 short tons of titanium
sponge to the Secretary of the Army for use in the weight
reduction portion of the main battle tank upgrade program.
Transfers under this section shall be without charge to the
Army, except that the Secretary of the Army shall pay all
transportation and related costs incurred in connection with
the transfer.
Subtitle B--Programmatic Change
SEC. 3311. TRANSFER OF EXCESS DEFENSE-RELATED MATERIALS TO
STOCKPILE FOR DISPOSAL.
(a) Transfer and Disposal.--Section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c) is
amended by adding at the end the following new subsection:
``(c)(1) The Secretary of Energy, in consultation with the
Secretary of Defense, shall transfer to the stockpile for
disposal in accordance with this Act uncontaminated materials
that are in the Department of Energy inventory of materials
for the production of defense-related items, are excess to
[[Page 186]]
the requirements of the Department for that purpose, and are
suitable for transfer to the stockpile and disposal through
the stockpile.
``(2) The Secretary of Defense shall determine whether
materials are suitable for transfer to the stockpile under
this subsection, are suitable for disposal through the
stockpile, and are uncontaminated.''.
(b) Conforming Amendment.--Subsection (a) of such section
is amended by adding at the end the following:
``(10) Materials transferred to the stockpile under
subsection (c).''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $148,786,000 for fiscal year 1996 for the
purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended. Of the amount appropriated pursuant
to the authorization of appropriations in the preceding
sentence, the Secretary may use not more than $7,000,000 for
carrying out activities related to the sale of Naval
Petroleum Reserve Numbered 1 under section 3412.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1996.
Notwithstanding section 7430(b)(2) of title 10, United
States Code, during fiscal year 1996, any sale of any part of
the United States share of petroleum produced from Naval
Petroleum Reserves Numbered 1, 2, and 3 shall be made at a
price not less than 90 percent of the current sales price, as
estimated by the Secretary of Energy, of comparable petroleum
in the same area.
SEC. 3403. EXTENSION OF OPERATING CONTRACT FOR NAVAL
PETROLEUM RESERVE NUMBERED 1.
Section 3503 of the National Defense Authorization Act of
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3111) is
amended by striking out ``two years'' in the first sentence
and inserting in lieu thereof ``three years''.
Subtitle B--Sale of Naval Petroleum Reserve
SEC. 3411. DEFINITIONS.
For purposes of this subtitle:
(1) The terms ``Naval Petroleum Reserve Numbered 1'' and
``reserve'' mean Naval Petroleum Reserve Numbered 1, commonly
referred to as the Elk Hills Unit, located in Kern County,
California, and established by Executive order of the
President, dated September 2, 1912.
(2) The term ``naval petroleum reserves'' has the meaning
given that term in section 7420(2) of title 10, United States
Code, except that the term does not include Naval Petroleum
Reserve Numbered 1.
(3) The term ``unit plan contract'' means the unit plan
contract between equity owners of the lands within the
boundaries of Naval Petroleum Reserve Numbered 1 entered into
on June 19, 1944.
(4) The term ``effective date'' means the date of the
enactment of this Act.
(5) The term ``Secretary'' means the Secretary of Energy.
(6) The term ``appropriate congressional committees means
the Committee on Armed Services of the Senate and the
Committee on National Security and the Committee on Commerce
of the House of Representatives.
SEC. 3412. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1.
(a) Sale of Reserve Required.--Subject to section 3414, not
later than two years after the effective date, the Secretary
of Energy shall enter into one or more contracts for the sale
of all right, title, and interest of the United States in and
to all lands owned or controlled by the United States inside
Naval Petroleum Reserve Numbered 1. Chapter 641 of title 10,
United States Code, shall not apply to the sale of the
reserve.
(b) Equity Finalization.--(1) Not later than eight months
after the effective date, the Secretary shall finalize equity
interests of the known oil and gas zones in Naval Petroleum
Reserve Numbered 1 in the manner provided by this subsection.
(2) The Secretary shall retain the services of an
independent petroleum engineer, mutually acceptable to the
equity owners, who shall prepare a recommendation on final
equity figures. The Secretary may accept the recommendation
of the independent petroleum engineer for final equity in
each known oil and gas zone and establish final equity
interest in Naval Petroleum Reserve Numbered 1 in accordance
with the recommendation, or the Secretary may use such other
method to establish final equity interest in the reserve as
the Secretary considers appropriate.
(3) If, on the effective date, there is an ongoing equity
redetermination dispute between the equity owners under
section 9(b) of the unit plan contract, the dispute shall be
resolved in the manner provided in the unit plan contract
within eight months after the effective date. The resolution
shall be considered final for all purposes under this
section.
(c) Notice of Sale.--Not later than two months after the
effective date, the Secretary shall publish a notice of
intent to sell Naval Petroleum Reserve Numbered 1. The
Secretary shall make all technical, geological, and financial
information relevant to the sale of the reserve available to
all interested and qualified buyers upon request. The
Secretary, in consultation with the Administrator of General
Services, shall ensure that the sale process is fair and open
to all interested and qualified parties.
(d) Establishment of Minimum Sale Price.--(1) Not later
than seven months after the effective date, the Secretary
shall retain the services of five independent experts in the
valuation of oil and gas fields to conduct separate
assessments, in a manner consistent with commercial
practices, of the value of the interest of the United States
in Naval Petroleum Reserve Numbered 1. The independent
experts shall complete their assessments within 11 months
after the effective date. In making their assessments, the
independent experts shall consider (among other factors)--
(A) all equipment and facilities to be included in the
sale;
(B) the estimated quantity of petroleum and natural gas in
the reserve; and
(C) the net present value of the anticipated revenue stream
that the Secretary and the Director of the Office of
Management and Budget jointly determine the Treasury would
receive from the reserve if the reserve were not sold,
adjusted for any anticipated increases in tax revenues that
would result if the reserve were sold.
(2) The independent experts retained under paragraph (1)
shall also determine and submit to the Secretary the
estimated total amount of the cost of any environmental
restoration and remediation necessary at the reserve. The
Secretary shall report the estimate to the Director of the
Office of Management and Budget, the Secretary of the
Treasury, and Congress.
(3) The Secretary, in consultation with the Director of the
Office of Management and Budget, shall set the minimum
acceptable price for the reserve. The Secretary may not set
the minimum acceptable price below the higher of--
(A) the average of the five assessments prepared under
paragraph (1); and
(B) the average of three assessments after excluding the
high and low assessments.
(e) Administration of Sale; Draft Contract.--(1) Not later
than two months after the effective date, the Secretary shall
retain the services of an investment banker or an appropriate
equivalent financial adviser to independently administer, in
a manner consistent with commercial practices and in a manner
that maximizes sale proceeds to the Government, the sale of
Naval Petroleum Reserve Numbered 1 under this section. Costs
and fees of retaining the investment banker or financial
adviser may be paid out of the proceeds of the sale of the
reserve.
(2) Not later than 11 months after the effective date, the
investment banker or financial adviser retained under
paragraph (1) shall complete a draft contract or contracts
for the sale of Naval Petroleum Reserve Numbered 1, which
shall accompany the solicitation of offers and describe the
terms and provisions of the sale of the interest of the
United States in the reserve.
(3) The draft contract or contracts shall identify--
(A) all equipment and facilities to be included in the
sale; and
(B) any potential claim or liability (including liability
for environmental restoration and remediation), and the
extent of any such claim or liability, for which the United
States is responsible under subsection (g).
(4) The draft contract or contracts, including the terms
and provisions of the sale of the interest of the United
States in the reserve, shall be subject to review and
approval by the Secretary, the Secretary of the Treasury, and
the Director of the Office of Management and Budget. Each of
those officials shall complete the review of, and approve or
disapprove, the draft contract or contracts not later than 12
months after the effective date.
(f) Solicitation of Offers.--(1) Not later than 13 months
after the effective date, the Secretary shall publish the
solicitation of offers for Naval Petroleum Reserve Numbered
1.
(2) Not later than 18 months after the effective date, the
Secretary shall identify the highest responsible offer or
offers for purchase of the interest of the United States in
Naval Petroleum Reserve Numbered 1 that, in total, meet or
exceed the minimum acceptable price determined under
subsection (d)(3).
(3) The Secretary shall take such action immediately after
the effective date as is necessary to obtain from an
independent petroleum engineer within 10 months after that
date a reserve report prepared in a manner consistent with
commercial practices. The Secretary shall use the reserve
report in support of the preparation of the solicitation of
offers for the reserve.
(g) Future Liabilities.--To effectuate the sale of the
interest of the United States in Naval Petroleum Reserve
Numbered 1, the Secretary may extend such indemnities and
warranties as the Secretary considers reasonable and
necessary to protect the purchaser from claims arising from
the ownership in the reserve by the United States.
(h) Maintaining Production.--Until the sale of Naval
Petroleum Reserve Numbered 1 is completed under this section,
the Secretary shall continue to produce the reserve at the
maximum daily oil or gas rate from a reservoir, which will
permit maximum economic development of the reservoir
consistent with sound oil field engineering practices in
accordance with section 3 of the unit plan contract.
(i) Noncompliance With Deadlines.--At any time during the
two-year period beginning on the effective date, if the
Secretary
[[Page 187]]
determines that the actions necessary to complete the sale of
the reserve within that period are not being taken or timely
completed, the Secretary shall transmit to the appropriate
congressional committees a written notification of that
determination together with a plan setting forth the actions
that will be taken to ensure that the sale of the reserve
will be completed within that period. The Secretary shall
consult with the Director of the Office of Management and
Budget in preparing the plan for submission to the
committees.
(j) Oversight.--The Comptroller General shall monitor the
actions of the Secretary relating to the sale of the reserve
and report to the appropriate congressional committees any
findings on such actions that the Comptroller General
considers appropriate to report to the committees.
(k) Acquisition of Services.--The Secretary may enter into
contracts for the acquisition of services required under this
section under the authority of paragraph (7) of section
303(c) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(c)), except that the notification
required under subparagraph (B) of such paragraph for each
contract shall be submitted to Congress not less than 7 days
before the award of the contract.
SEC. 3413. EFFECT OF SALE OF RESERVE.
(a) Effect on Existing Contracts.--(1) In the case of any
contract, in effect on the effective date, for the purchase
of production from any part of the United States' share of
Naval Petroleum Reserve Numbered 1, the sale of the interest
of the United States in the reserve shall be subject to the
contract for a period of three months after the closing date
of the sale or until termination of the contract, whichever
occurs first. The term of any contract entered into after the
effective date for the purchase of the production shall not
exceed the anticipated closing date for the sale of the
reserve.
(2) The Secretary shall exercise the termination procedures
provided in the contract between the United States and
Bechtel Petroleum Operation, Inc., Contract Number DE-ACO1-
85FE60520 so that the contract terminates not later than the
date of closing of the sale of Naval Petroleum Reserve
Numbered 1 under section 3412.
(3) The Secretary shall exercise the termination procedures
provided in the unit plan contract so that the unit plan
contract terminates not later than the date of closing of the
sale of reserve.
(b) Effect on Antitrust Laws.--Nothing in this subtitle
shall be construed to alter the application of the antitrust
laws of the United States to the purchaser or purchasers (as
the case may be) of Naval Petroleum Reserve Numbered 1 or to
the lands in the reserve subject to sale under section 3412
upon the completion of the sale.
(c) Preservation of Private Right, Title, and Interest.--
Nothing in this subtitle shall be construed to adversely
affect the ownership interest of any other entity having any
right, title, and interest in and to lands within the
boundaries of Naval Petroleum Reserve Numbered 1 and which
are subject to the unit plan contract.
(d) Transfer of Otherwise Nontransferable Permit.--The
Secretary may transfer to the purchaser or purchasers (as the
case may be) of Naval Petroleum Reserve Numbered 1 the
incidental take permit regarding the reserve issued to the
Secretary by the United States Fish and Wildlife Service and
in effect on the effective date if the Secretary determines
that transfer of the permit is necessary to expedite the sale
of the reserve in a manner that maximizes the value of the
sale to the United States. The transferred permit shall cover
the identical activities, and shall be subject to the same
terms and conditions, as apply to the permit at the time of
the transfer.
SEC. 3414. CONDITIONS ON SALE PROCESS.
(a) Notice Regarding Sale Conditions.--The Secretary may
not enter into any contract for the sale of Naval Petroleum
Reserve Numbered 1 under section 3412 until the end of the
31-day period beginning on the date on which the Secretary
submits to the appropriate congressional committees a written
notification--
(1) describing the conditions of the proposed sale; and
(2) containing an assessment by the Secretary of whether it
is in the best interests of the United States to sell the
reserve under such conditions.
(b) Authority to Suspend Sale.--(1) The Secretary may
suspend the sale of Naval Petroleum Reserve Numbered 1 under
section 3412 if the Secretary and the Director of the Office
of Management and Budget jointly determine that--
(A) the sale is proceeding in a manner inconsistent with
achievement of a sale price that reflects the full value of
the reserve; or
(B) a course of action other than the immediate sale of the
reserve is in the best interests of the United States.
(2) Immediately after making a determination under
paragraph (1) to suspend the sale of Naval Petroleum Reserve
Numbered 1, the Secretary shall submit to the appropriate
congressional committees a written notification describing
the basis for the determination and requesting a
reconsideration of the merits of the sale of the reserve.
(c) Effect of Reconsideration Notice.--After the Secretary
submits a notification under subsection (b), the Secretary
may not complete the sale of Naval Petroleum Reserve Numbered
1 under section 3412 or any other provision of law unless the
sale of the reserve is authorized in an Act of Congress
enacted after the date of the submission of the notification.
SEC. 3415. TREATMENT OF STATE OF CALIFORNIA CLAIM REGARDING
RESERVE.
(a) Reservation of Funds.--After the costs incurred in the
conduct of the sale of Naval Petroleum Reserve Numbered 1
under section 3412 are deducted, nine percent of the
remaining proceeds from the sale of the reserve shall be
reserved in a contingent fund in the Treasury for payment to
the State of California for the Teachers' Retirement Fund of
the State in the event that, and to the extent that, the
claims of the State against the United States regarding
production and proceeds of sale from Naval Petroleum Reserve
Numbered 1 are--
(1) settled by agreement with the United States under
subsection (c); or
(2) finally resolved in favor of the State by a court of
competent jurisdiction, if a settlement agreement is not
reached.
(b) Disposition of Funds.--In such amounts as may be
provided in appropriation Acts, amounts in the contingent
fund shall be available for paying a claim described in
subsection (a). After final disposition of the claims, any
unobligated balance in the contingent fund shall be credited
to the general fund of the Treasury. If no payment is made
from the contingent fund within 10 years after the effective
date, amounts in the contingent fund shall be credited to the
general fund of the Treasury.
(c) Settlement Offer.--Not later than 30 days after the
date of the sale of Naval Petroleum Reserve Numbered 1 under
section 3412, the Secretary shall offer to settle all claims
of the State of California against the United States with
respect to lands in the reserve located in sections 16 and 36
of township 30 south, range 23 east, Mount Diablo Principal
Meridian, California, and production or proceeds of sale from
the reserve, in order to provide proper compensation for the
State's claims. The Secretary shall base the amount of the
offered settlement payment from the contingent fund on the
fair value for the State's claims, including the mineral
estate, not to exceed the amount reserved in the contingent
fund.
(d) Release of Claims.--Acceptance of the settlement offer
made under subsection (c) shall be subject to the condition
that all claims against the United States by the State of
California for the Teachers' Retirement Fund of the State be
released with respect to lands in Naval Petroleum Reserve
Numbered 1, including sections 16 and 36 of township 30
south, range 23 east, Mount Diablo Principal Meridian,
California, or production or proceeds of sale from the
reserve.
SEC. 3416. STUDY OF FUTURE OF OTHER NAVAL PETROLEUM RESERVES.
(a) Study Required.--The Secretary of Energy shall conduct
a study to determine which of the following options, or
combinations of options, regarding the naval petroleum
reserves (other than Naval Petroleum Reserve Numbered 1)
would maximize the value of the reserves to the United
States:
(1) Retention and operation of the naval petroleum reserves
by the Secretary under chapter 641 of title 10, United States
Code.
(2) Transfer of all or a part of the naval petroleum
reserves to the jurisdiction of another Federal agency for
administration under chapter 641 of title 10, United States
Code.
(3) Transfer of all or a part of the naval petroleum
reserves to the Department of the Interior for leasing in
accordance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.) and surface management in accordance with the Federal
Land Policy and Management Act (43 U.S.C. 1701 et seq.).
(4) Sale of the interest of the United States in the naval
petroleum reserves.
(b) Conduct of Study.--The Secretary shall retain an
independent petroleum consultant to conduct the study.
(c) Considerations Under Study.--An examination of the
value to be derived by the United States from the transfer or
sale of the naval petroleum reserves shall include an
assessment and estimate of the fair market value of the
interest of the United States in the naval petroleum
reserves. The assessment and estimate shall be made in a
manner consistent with customary property valuation practices
in the oil and gas industry.
(d) Report and Recommendations Regarding Study.--Not later
than June 1, 1996, the Secretary shall submit to Congress a
report describing the results of the study and containing
such recommendations (including proposed legislation) as the
Secretary considers necessary to implement the option, or
combination of options, identified in the study that would
maximize the value of the naval petroleum reserves to the
United States.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1996''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to make such expenditures
within the limits of funds and borrowing authority available
to it in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as may
be necessary under the Panama Canal Act of
[[Page 188]]
1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance,
and improvement of the Panama Canal for fiscal year 1996.
(b) Limitations.--For fiscal year 1996, the Panama Canal
Commission may expend from funds in the Panama Canal
Revolving Fund not more than $50,741,000 for administrative
expenses, of which--
(1) not more than $15,000 may be used for official
reception and representation expenses of the Supervisory
Board of the Commission;
(2) not more than $10,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $45,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
(c) Replacement Vehicles.--Funds available to the Panama
Canal Commission shall be available for the purchase of not
to exceed 38 passenger motor vehicles (including large heavy-
duty vehicles to be used to transport Commission personnel
across the isthmus of Panama) at a cost per vehicle of not
more than $19,500. A vehicle may be purchased with such funds
only as necessary to replace another passenger motor vehicle
of the Commission.
SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.
Expenditures authorized under this subtitle may be made
only in accordance with the Panama Canal Treaties of 1977 and
any law of the United States implementing those treaties.
Subtitle B--Reconstitution of Commission as Government Corporation
SEC. 3521. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Amendments
Act of 1995''.
SEC. 3522. RECONSTITUTION OF COMMISSION AS GOVERNMENT
CORPORATION.
(a) In General.--Section 1101 of the Panama Canal Act of
1979 (22 U.S.C. 3611) is amended to read as follows:
``establishment, purposes, offices, and residence of commission
``Sec. 1101. (a) For the purposes of managing, operating,
and maintaining the Panama Canal and its complementary works,
installations and equipment, and of conducting operations
incident thereto, in accordance with the Panama Canal Treaty
of 1977 and related agreements, the Panama Canal Commission
(hereinafter in this Act referred to as the `Commission') is
established as a wholly owned government corporation (as that
term is used in chapter 91 of title 31, United States Code)
within the executive branch of the Government of the United
States. The authority of the President with respect to the
Commission shall be exercised through the Secretary of
Defense.
``(b) The principal office of the Commission shall be
located in the Republic of Panama in one of the areas made
available for use of the United States under the Panama Canal
Treaty of 1977 and related agreements, but the Commission may
establish branch offices in such other places as it considers
necessary or appropriate for the conduct of its business.
Within the meaning of the laws of the United States relating
to venue in civil actions, the Commission is an inhabitant
and resident of the District of Columbia and the eastern
judicial district of Louisiana.''.
(b) Clerical Amendment.--The item relating to such section
in the table of contents in section 1 of such Act is amended
to read as follows:
``1101. Establishment, Purposes, Offices, and Residence of
Commission.''.
SEC. 3523. SUPERVISORY BOARD.
Section 1102 of the Panama Canal Act of 1979 (22 U.S.C.
3612) is amended by striking out so much as precedes
subsection (b) and inserting in lieu thereof the following:
``supervisory board
``Sec. 1102. (a) The Commission shall be supervised by a
Board composed of nine members, one of whom shall be the
Secretary of Defense or an officer of the Department of
Defense designated by the Secretary. Not less than five
members of the Board shall be nationals of the United States
and the remaining members of the Board shall be nationals of
the Republic of Panama. Three members of the Board who are
nationals of the United States shall hold no other office in,
and shall not be employed by, the Government of the United
States, and shall be chosen for the independent perspective
they can bring to the Commission's affairs. Members of the
Board who are nationals of the United States shall cast their
votes as directed by the Secretary of Defense or a designee
of the Secretary of Defense.''.
SEC. 3524. GENERAL AND SPECIFIC POWERS OF COMMISSION.
(a) In General.--The Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.) is amended by inserting after section 1102 the
following new sections:
``general powers of commission
``Sec. 1102a. (a) The Commission may adopt, alter, and use
a corporate seal, which shall be judicially noticed.
``(b) The Commission may by action of the Board of
Directors adopt, amend, and repeal bylaws governing the
conduct of its general business and the performance of the
powers and duties granted to or imposed upon it by law.
``(c) The Commission may sue and be sued in its corporate
name, except that--
``(1) the amenability of the Commission to suit is limited
by Article VIII of the Panama Canal Treaty of 1977, section
1401 of this Act, and otherwise by law;
``(2) an attachment, garnishment, or similar process may
not be issued against salaries or other moneys owed by the
Commission to its employees except as provided by section
5520a of title 5, United States Code, and sections 459, 461,
and 462 of the Social Security Act (42 U.S.C. 659, 661, 662),
or as otherwise specifically authorized by the laws of the
United States; and
``(3) the Commission is exempt from the payment of interest
on claims and judgments.
``(d) The Commission may enter into contracts, leases,
agreements, or other transactions.
``(e) The Commission--
``(1) may determine the character of, and necessity for,
its obligations and expenditures and the manner in which they
shall be incurred, allowed, and paid; and
``(2) may incur, allow, and pay its obligations and
expenditures, subject to pertinent provisions of law
generally applicable to Government corporations.
``(f) The Commission shall have the priority of the
Government of the United States in the payment of debts out
of bankrupt estates.
``(g) The authority of the Commission under this section
and section 1102B is subject to the Panama Canal Treaty of
1977 and related agreements, and to chapter 91 of title 31,
United States Code.
``specific powers of commission
``Sec. 1102b. (a) The Commission may manage, operate, and
maintain the Panama Canal.
``(b) The Commission may construct or acquire, establish,
maintain, and operate such activities, facilities, and
appurtenances as necessary and appropriate for the
accomplishment of the purposes of this Act, including the
following:
``(1) Docks, wharves, piers, and other shoreline
facilities.
``(2) Shops and yards.
``(3) Marine railways, salvage and towing facilities, fuel-
handling facilities, and motor transportation facilities.
``(4) Power systems, water systems, and a telephone system.
``(5) Construction facilities.
``(6) Living quarters and other buildings.
``(7) Warehouses, storehouses, a printing plant, and
manufacturing, processing, or service facilities in
connection therewith.
``(8) Recreational facilities.
``(c) The Commission may use the United States mails in the
same manner and under the same conditions as the executive
departments of the Federal Government.
``(d) The Commission may take such actions as are necessary
or appropriate to carry out the powers specifically conferred
upon it.''.
(b) Clerical Amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating
to section 1102 the following new items:
``1102a. General powers of Commission.
``1102b. Specific powers of Commission.''.
SEC. 3525. CONGRESSIONAL REVIEW OF BUDGET.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C.
3712) is amended--
(1) in subsection (c)--
(A) by striking out ``and subject to paragraph (2)'' in
paragraph (1);
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2); and
(2) by striking out subsection (e) and inserting in lieu
thereof the following new subsection (e):
``(e) In accordance with section 9104 of title 31, United
States Code, Congress shall review the annual budget of the
Commission.''.
SEC. 3526. AUDITS.
(a) In General.--Section 1313 of the Panama Canal Act of
1979 (22 U.S.C. 3723) is amended--
(1) by striking out the heading for the section and
inserting in lieu thereof the following: ``audits'';
(2) in subsection (a)--
(A) by striking out ``Financial transactions'' and
inserting in lieu thereof ``Notwithstanding any other
provision of law, and subject to subsection (d), financial
transactions'';
(B) by striking out ``pursuant to the Accounting and
Auditing Act of 1950 (31 U.S.C. 65 et seq.)'';
(C) by striking out ``audit pursuant to such Act'' in the
second sentence and inserting in lieu thereof ``such audit'';
(D) by striking out ``An audit pursuant to such Act'' in
the last sentence and inserting in lieu thereof ``Any such
audit''; and
(E) by adding at the end the following new sentence: ``An
audit performed under this section is subject to the
requirements of paragraphs (2), (3), and (5) of section
9105(a) of title 31, United States Code.'';
(3) in subsection (b), by striking out ``The Comptroller
General'' in the first sentence and inserting in lieu thereof
``Subject to subsection (d), the Comptroller General''; and
(4) by adding at the end the following new subsections:
``(d) At the discretion of the Board provided for in
section 1102, the Commission may hire independent auditors to
perform, in lieu of the Comptroller General, the audit and
reporting functions prescribed in subsections (a) and (b).
``(e) In addition to auditing the financial statements of
the Commission, the Comptroller General (or the independent
auditor if one is employed pursuant to subsection (d)) shall,
in accordance with standards for an examination of a
financial forecast estab
[[Page 189]]
lished by the American Institute of Certified Public
Accountants, examine and report on the Commission's financial
forecast that it will be in a position to meet its financial
liabilities on December 31, 1999.''.
(b) Clerical Amendment.--The item relating to such section
in the table of contents in section 1 of such Act is amended
to read as follows:
``1313. Audits.''.
SEC. 3527. PRESCRIPTION OF MEASUREMENT RULES AND RATES OF
TOLLS.
Section 1601 of the Panama Canal Act of 1979 (22 U.S.C.
3791) is amended to read as follows:
``prescription of measurement rules and rates of tolls
``Sec. 1601. The Commission may, subject to the provisions
of this Act, prescribe and from time to time change--
``(1) the rules for the measurement of vessels for the
Panama Canal; and
``(2) the tolls that shall be levied for use of the Panama
Canal.''.
SEC. 3528. PROCEDURES FOR CHANGES IN RULES OF MEASUREMENT AND
RATES OF TOLLS.
Section 1604 of the Panama Canal Act of 1979 (22 U.S.C.
3794) is amended--
(1) in subsection (a), by striking out ``1601(a)'' in the
first sentence and inserting in lieu thereof ``1601'';
(2) by striking out subsection (c) and inserting in lieu
thereof the following new subsection (c):
``(c) After the proceedings have been conducted pursuant to
subsections (a) and (b), the Commission may change the rules
of measurement or rates of tolls, as the case may be. The
Commission shall publish notice of any such change in the
Federal Register not less than 30 days before the effective
date of the change.''; and
(3) by striking out subsections (d) and (e) and
redesignating subsection (f) as subsection (d).
SEC. 3529. MISCELLANEOUS TECHNICAL AMENDMENTS.
The Panama Canal Act of 1979 is amended--
(1) in section 1205 (22 U.S.C. 3645), by striking out
``appropriation'' in the last sentence and inserting in lieu
thereof ``fund'';
(2) in section 1303 (22 U.S.C. 3713), by striking out ``The
authority of this section may not be used for administrative
expenses.'';
(3) in section 1321(d) (22 U.S.C. 3731(d)), by striking out
``appropriations or'' in the second sentence;
(4) in section 1401(c) (22 U.S.C. 3761(c)), by striking out
``appropriated for or'' in the first sentence;
(5) in section 1415 (22 U.S.C. 3775), by striking out
``appropriated or'' in the second sentence; and
(6) in section 1416 (22 U.S.C. 3776), by striking out
``appropriated or'' in the third sentence.
SEC. 3530. CONFORMING AMENDMENT TO TITLE 31, UNITED STATES
CODE.
Section 9101(3) of title 31, United States Code, is amended
by adding at the end the following:
``(P) the Panama Canal Commission.''.
DIVISION D--FEDERAL ACQUISITION REFORM
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Federal Acquisition
Reform Act of 1996''.
TITLE XLI--COMPETITION
SEC. 4101. EFFICIENT COMPETITION.
(a) Armed Services Acquisitions.--Section 2304 of title 10,
United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection (j):
``(j) The Federal Acquisition Regulation shall ensure that
the requirement to obtain full and open competition is
implemented in a manner that is consistent with the need to
efficiently fulfill the Government's requirements.''.
(b) Civilian Agency Acquisitions.--Section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) The Federal Acquisition Regulation shall ensure that
the requirement to obtain full and open competition is
implemented in a manner that is consistent with the need to
efficiently fulfill the Government's requirements.''.
(c) Revisions to Notice Thresholds.--Section 18(a)(1)(B) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(1)(B)) is amended--
(A) by striking out ``subsection (f)--'' and all that
follows through the end of the subparagraph and inserting in
lieu thereof ``subsection (b); and''; and
(B) by inserting after ``property or services'' the
following: ``for a price expected to exceed $10,000, but not
to exceed $25,000,''.
SEC. 4102. EFFICIENT APPROVAL PROCEDURES.
(a) Armed Services Acquisitions.--Section 2304(f)(1)(B) of
title 10, United States Code, is amended--
(1) in clause (i)--
(A) by striking out ``$100,000 (but equal to or less than
$1,000,000)'' and inserting in lieu thereof ``$500,000 (but
equal to or less than $10,000,000)''; and
(B) by striking out ``(ii), (iii), or (iv)'' and inserting
in lieu thereof ``(ii) or (iii)'';
(2) in clause (ii)--
(A) by striking out ``$1,000,000 (but equal to or less than
$10,000,000)'' and inserting in lieu thereof ``$10,000,000
(but equal to or less than $50,000,000)''; and
(B) by adding ``or'' at the end;
(3) by striking out clause (iii); and
(4) by redesignating clause (iv) as clause (iii).
(b) Civilian Agency Acquisitions.--Section 303(f)(1)(B) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(f)(1)(B)) is amended--
(1) in clause (i)--
(A) by striking out ``$100,000 (but equal to or less than
$1,000,000)'' and inserting in lieu thereof ``$500,000 (but
equal to or less than $10,000,000)''; and
(B) by striking out ``(ii), (iii), or (iv);'' and inserting
in lieu thereof ``(ii) or (iii); and'';
(2) in clause (ii)--
(A) by striking out ``$1,000,000 (but equal to or less than
$10,000,000)'' and inserting in lieu thereof ``$10,000,000
(but equal to or less than $50,000,000)''; and
(B) by striking out the semicolon after ``civilian'' and
inserting in lieu thereof a comma; and
(3) in clause (iii), by striking out ``$10,000,000'' and
inserting in lieu thereof ``$50,000,000''.
SEC. 4103. EFFICIENT COMPETITIVE RANGE DETERMINATIONS.
(a) Armed Services Acquisitions.--Paragraph (4) of 2305(b)
of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking out ``(C)'', by
transferring the text to the end of subparagraph (B), and in
that text by striking out ``Subparagraph (B)'' and inserting
in lieu thereof ``This subparagraph'';
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting before subparagraph (C) (as so
redesignated) the following new subparagraph (B):
``(B) If the contracting officer determines that the number
of offerors that would otherwise be included in the
competitive range under subparagraph (A)(i) exceeds the
number at which an efficient competition can be conducted,
the contracting officer may limit the number of proposals in
the competitive range, in accordance with the criteria
specified in the solicitation, to the greatest number that
will permit an efficient competition among the offerors rated
most highly in accordance with such criteria.''.
(b) Civilian Agency Acquisitions.--Section 303B(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting before paragraph (3) (as so redesignated)
the following new paragraph (2):
``(2) If the contracting officer determines that the number
of offerors that would otherwise be included in the
competitive range under paragraph (1)(A) exceeds the number
at which an efficient competition can be conducted, the
contracting officer may limit the number of proposals in the
competitive range, in accordance with the criteria specified
in the solicitation, to the greatest number that will permit
an efficient competition among the offerors rated most highly
in accordance with such criteria.''.
SEC. 4104. PREAWARD DEBRIEFINGS.
(a) Armed Services Acquisitions.--Section 2305(b) of title
10, United States Code, is amended--
(1) by striking out subparagraph (F) of paragraph (5);
(2) by redesignating paragraph (6) as paragraph (9); and
(3) by inserting after paragraph (5) the following new
paragraphs:
``(6)(A) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range
(or otherwise excludes such an offeror from further
consideration prior to the final source selection decision),
the excluded offeror may request in writing, within three
days after the date on which the excluded offeror receives
notice of its exclusion, a debriefing prior to award. The
contracting officer shall make every effort to debrief the
unsuccessful offeror as soon as practicable but may refuse
the request for a debriefing if it is not in the best
interests of the Government to conduct a debriefing at that
time.
``(B) The contracting officer is required to debrief an
excluded offeror in accordance with paragraph (5) of this
section only if that offeror requested and was refused a
preaward debriefing under subparagraph (A) of this paragraph.
``(C) The debriefing conducted under this subsection shall
include--
``(i) the executive agency's evaluation of the significant
elements in the offeror's offer;
``(ii) a summary of the rationale for the offeror's
exclusion; and
``(iii) reasonable responses to relevant questions posed by
the debriefed offeror as to whether source selection
procedures set forth in the solicitation, applicable
regulations, and other applicable authorities were followed
by the executive agency.
``(D) The debriefing conducted pursuant to this subsection
may not disclose the number or identity of other offerors and
shall not disclose information about the content, ranking, or
evaluation of other offerors' proposals.
``(7) The contracting officer shall include a summary of
any debriefing conducted under paragraph (5) or (6) in the
contract file.
[[Page 190]]
``(8) The Federal Acquisition Regulation shall include a
provision encouraging the use of alternative dispute
resolution techniques to provide informal, expeditious, and
inexpensive procedures for an offeror to consider using
before filing a protest, prior to the award of a contract, of
the exclusion of the offeror from the competitive range (or
otherwise from further consideration) for that contract.''.
(b) Civilian Agency Acquisitions.--Section 303B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b) is amended--
(1) by striking out paragraph (6) of subsection (e);
(2) by redesignating subsections (f), (g), (h), and (i) as
subsections (i), (j), (k), and (l), respectively; and
(3) by inserting after subsection (e) the following new
subsections:
``(f)(1) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range
(or otherwise excludes such an offeror from further
consideration prior to the final source selection decision),
the excluded offeror may request in writing, within 3 days
after the date on which the excluded offeror receives notice
of its exclusion, a debriefing prior to award. The
contracting officer shall make every effort to debrief the
unsuccessful offeror as soon as practicable but may refuse
the request for a debriefing if it is not in the best
interests of the Government to conduct a debriefing at that
time.
``(2) The contracting officer is required to debrief an
excluded offeror in accordance with subsection (e) of this
section only if that offeror requested and was refused a
preaward debriefing under paragraph (1) of this subsection.
``(3) The debriefing conducted under this subsection shall
include--
``(A) the executive agency's evaluation of the significant
elements in the offeror's offer;
``(B) a summary of the rationale for the offeror's
exclusion; and
``(C) reasonable responses to relevant questions posed by
the debriefed offeror as to whether source selection
procedures set forth in the solicitation, applicable
regulations, and other applicable authorities were followed
by the executive agency.
``(4) The debriefing conducted pursuant to this subsection
may not disclose the number or identity of other offerors and
shall not disclose information about the content, ranking, or
evaluation of other offerors' proposals.
``(g) The contracting officer shall include a summary of
any debriefing conducted under subsection (e) or (f) in the
contract file.
``(h) The Federal Acquisition Regulation shall include a
provision encouraging the use of alternative dispute
resolution techniques to provide informal, expeditious, and
inexpensive procedures for an offeror to consider using
before filing a protest, prior to the award of a contract, of
the exclusion of the offeror from the competitive range (or
otherwise from further consideration) for that contract.''.
SEC. 4105. DESIGN-BUILD SELECTION PROCEDURES.
(a) Armed Services Acquisitions.--(1) Chapter 137 of title
10, United States Code, is amended by inserting after section
2305 the following new section:
``Sec. 2305a. Design-build selection procedures
``(a) Authorization.--Unless the traditional acquisition
approach of design-bid-build established under the Brooks
Architect-Engineers Act (41 U.S.C. 541 et seq.) is used or
another acquisition procedure authorized by law is used, the
head of an agency shall use the two-phase selection
procedures authorized in this section for entering into a
contract for the design and construction of a public
building, facility, or work when a determination is made
under subsection (b) that the procedures are appropriate for
use.
``(b) Criteria for Use.--A contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the
design and construction of a public building, facility, or
work when the contracting officer anticipates that three or
more offers will be received for such contract, design work
must be performed before an offeror can develop a price or
cost proposal for such contract, the offeror will incur a
substantial amount of expense in preparing the offer, and the
contracting officer has considered information such as the
following:
``(1) The extent to which the project requirements have
been adequately defined.
``(2) The time constraints for delivery of the project.
``(3) The capability and experience of potential
contractors.
``(4) The suitability of the project for use of the two-
phase selection procedures.
``(5) The capability of the agency to manage the two-phase
selection process.
``(6) Other criteria established by the agency.
``(c) Procedures Described.--Two-phase selection procedures
consist of the following:
``(1) The agency develops, either in-house or by contract,
a scope of work statement for inclusion in the solicitation
that defines the project and provides prospective offerors
with sufficient information regarding the Government's
requirements (which may include criteria and preliminary
design, budget parameters, and schedule or delivery
requirements) to enable the offerors to submit proposals
which meet the Government's needs. If the agency contracts
for development of the scope of work statement, the agency
shall contract for architectural and engineering services as
defined by and in accordance with the Brooks Architect-
Engineers Act (40 U.S.C. 541 et seq.).
``(2) The contracting officer solicits phase-one proposals
that--
``(A) include information on the offeror's--
``(i) technical approach; and
``(ii) technical qualifications; and
``(B) do not include--
``(i) detailed design information; or
``(ii) cost or price information.
``(3) The evaluation factors to be used in evaluating
phase-one proposals are stated in the solicitation and
include specialized experience and technical competence,
capability to perform, past performance of the offeror's team
(including the architect-engineer and construction members of
the team) and other appropriate factors, except that cost-
related or price-related evaluation factors are not
permitted. Each solicitation establishes the relative
importance assigned to the evaluation factors and subfactors
that must be considered in the evaluation of phase-one
proposals. The agency evaluates phase-one proposals on the
basis of the phase-one evaluation factors set forth in the
solicitation.
``(4) The contracting officer selects as the most highly
qualified the number of offerors specified in the
solicitation to provide the property or services under the
contract and requests the selected offerors to submit phase-
two competitive proposals that include technical proposals
and cost or price information. Each solicitation establishes
with respect to phase two--
``(A) the technical submission for the proposal, including
design concepts or proposed solutions to requirements
addressed within the scope of work (or both), and
``(B) the evaluation factors and subfactors, including cost
or price, that must be considered in the evaluations of
proposals in accordance with paragraphs (2), (3), and (4) of
section 2305(a) of this title.
The contracting officer separately evaluates the submissions
described in subparagraphs (A) and (B).
``(5) The agency awards the contract in accordance with
section 2305(b)(4) of this title.
``(d) Solicitation to State Number of Offerors To Be
Selected for Phase Two Requests for Competitive Proposals.--A
solicitation issued pursuant to the procedures described in
subsection (c) shall state the maximum number of offerors
that are to be selected to submit competitive proposals
pursuant to subsection (c)(4). The maximum number specified
in the solicitation shall not exceed 5 unless the agency
determines with respect to an individual solicitation that a
specified number greater than 5 is in the Government's
interest and is consistent with the purposes and objectives
of the two-phase selection process.
``(e) Requirement for Guidance and Regulations.--The
Federal Acquisition Regulation shall include guidance--
``(1) regarding the factors that may be considered in
determining whether the two-phase contracting procedures
authorized by subsection (a) are appropriate for use in
individual contracting situations;
``(2) regarding the factors that may be used in selecting
contractors; and
``(3) providing for a uniform approach to be used
Government-wide.''.
(2) The table of sections at the beginning of chapter 137
of such title is amended by adding after the item relating to
section 2305 the following new item:
``2305a. Design-build selection procedures.''.
(b) Civilian Agency Acquisitions.--(1) Title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.) is amended by inserting after section
303L the following new section:
``SEC. 303M. DESIGN-BUILD SELECTION PROCEDURES.
``(a) Authorization.--Unless the traditional acquisition
approach of design-bid-build established under the Brooks
Architect-Engineers Act (title IX of this Act) is used or
another acquisition procedure authorized by law is used, the
head of an executive agency shall use the two-phase selection
procedures authorized in this section for entering into a
contract for the design and construction of a public
building, facility, or work when a determination is made
under subsection (b) that the procedures are appropriate for
use.
``(b) Criteria for Use.--A contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the
design and construction of a public building, facility, or
work when the contracting officer anticipates that three or
more offers will be received for such contract, design work
must be performed before an offeror can develop a price or
cost proposal for such contract, the offeror will incur a
substantial amount of expense in preparing the offer, and the
contracting officer has considered information such as the
following:
``(1) The extent to which the project requirements have
been adequately defined.
``(2) The time constraints for delivery of the project.
``(3) The capability and experience of potential
contractors.
``(4) The suitability of the project for use of the two-
phase selection procedures.
``(5) The capability of the agency to manage the two-phase
selection process.
``(6) Other criteria established by the agency.
[[Page 191]]
``(c) Procedures Described.--Two-phase selection procedures
consist of the following:
``(1) The agency develops, either in-house or by contract,
a scope of work statement for inclusion in the solicitation
that defines the project and provides prospective offerors
with sufficient information regarding the Government's
requirements (which may include criteria and preliminary
design, budget parameters, and schedule or delivery
requirements) to enable the offerors to submit proposals
which meet the Government's needs. If the agency contracts
for development of the scope of work statement, the agency
shall contract for architectural and engineering services as
defined by and in accordance with the Brooks Architect-
Engineers Act (40 U.S.C. 541 et seq.).
``(2) The contracting officer solicits phase-one proposals
that--
``(A) include information on the offeror's--
``(i) technical approach; and
``(ii) technical qualifications; and
``(B) do not include--
``(i) detailed design information; or
``(ii) cost or price information.
``(3) The evaluation factors to be used in evaluating
phase-one proposals are stated in the solicitation and
include specialized experience and technical competence,
capability to perform, past performance of the offeror's team
(including the architect-engineer and construction members of
the team) and other appropriate factors, except that cost-
related or price-related evaluation factors are not
permitted. Each solicitation establishes the relative
importance assigned to the evaluation factors and subfactors
that must be considered in the evaluation of phase-one
proposals. The agency evaluates phase-one proposals on the
basis of the phase-one evaluation factors set forth in the
solicitation.
``(4) The contracting officer selects as the most highly
qualified the number of offerors specified in the
solicitation to provide the property or services under the
contract and requests the selected offerors to submit phase-
two competitive proposals that include technical proposals
and cost or price information. Each solicitation establishes
with respect to phase two--
``(A) the technical submission for the proposal, including
design concepts or proposed solutions to requirements
addressed within the scope of work (or both), and
``(B) the evaluation factors and subfactors, including cost
or price, that must be considered in the evaluations of
proposals in accordance with subsections (b), (c), and (d) of
section 303A.
The contracting officer separately evaluates the submissions
described in subparagraphs (A) and (B).
``(5) The agency awards the contract in accordance with
section 303B of this title.
``(d) Solicitation to State Number of Offerors To Be
Selected for Phase Two Requests for Competitive Proposals.--A
solicitation issued pursuant to the procedures described in
subsection (c) shall state the maximum number of offerors
that are to be selected to submit competitive proposals
pursuant to subsection (c)(4). The maximum number specified
in the solicitation shall not exceed 5 unless the agency
determines with respect to an individual solicitation that a
specified number greater than 5 is in the Government's
interest and is consistent with the purposes and objectives
of the two-phase selection process.
``(e) Requirement for Guidance and Regulations.--The
Federal Acquisition Regulation shall include guidance--
``(1) regarding the factors that may be considered in
determining whether the two-phase contracting procedures
authorized by subsection (a) are appropriate for use in
individual contracting situations;
``(2) regarding the factors that may be used in selecting
contractors; and
``(3) providing for a uniform approach to be used
Government-wide.''.
(2) The table of sections at the beginning of such Act is
amended by inserting after the item relating to section 303L
the following new item:
``Sec. 303M. Design-build selection procedures.''.
TITLE XLII--COMMERCIAL ITEMS
SEC. 4201. COMMERCIAL ITEM EXCEPTION TO REQUIREMENT FOR
CERTIFIED COST OR PRICING DATA.
(a) Armed Services Acquisitions.--(1) Subsections (b), (c),
and (d) of section 2306a of title 10, United States Code, are
amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of certified cost or pricing
data shall not be required under subsection (a) in the case
of a contract, a subcontract, or modification of a contract
or subcontract--
``(A) for which the price agreed upon is based on--
``(i) adequate price competition; or
``(ii) prices set by law or regulation;
``(B) for the acquisition of a commercial item; or
``(C) in an exceptional case when the head of the procuring
activity, without delegation, determines that the
requirements of this section may be waived and justifies in
writing the reasons for such determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a
contract or subcontract for a commercial item that is not
covered by the exception to the submission of certified cost
or pricing data in paragraph (1)(A) or (1)(B), submission of
certified cost or pricing data shall not be required under
subsection (a) if--
``(A) the contract or subcontract being modified is a
contract or subcontract for which submission of certified
cost or pricing data may not be required by reason of
paragraph (1)(A) or (1)(B); and
``(B) the modification would not change the contract or
subcontract, as the case may be, from a contract or
subcontract for the acquisition of a commercial item to a
contract or subcontract for the acquisition of an item other
than a commercial item.
``(c) Cost or Pricing Data on Below-Threshold Contracts.--
``(1) Authority to require submission.--Subject to
paragraph (2), when certified cost or pricing data are not
required to be submitted by subsection (a) for a contract,
subcontract, or modification of a contract or subcontract,
such data may nevertheless be required to be submitted by the
head of the procuring activity, but only if the head of the
procuring activity determines that such data are necessary
for the evaluation by the agency of the reasonableness of the
price of the contract, subcontract, or modification of a
contract or subcontract. In any case in which the head of the
procuring activity requires such data to be submitted under
this subsection, the head of the procuring activity shall
justify in writing the reason for such requirement.
``(2) Exception.--The head of the procuring activity may
not require certified cost or pricing data to be submitted
under this paragraph for any contract or subcontract, or
modification of a contract or subcontract, covered by the
exceptions in subparagraph (A) or (B) of subsection (b)(1).
``(3) Delegation of authority prohibited.--The head of a
procuring activity may not delegate functions under this
paragraph.
``(d) Submission of Other Information.--
``(1) Authority to require submission.--When certified cost
or pricing data are not required to be submitted under this
section for a contract, subcontract, or modification of a
contract or subcontract, the contracting officer shall
require submission of data other than certified cost or
pricing data to the extent necessary to determine the
reasonableness of the price of the contract, subcontract, or
modification of the contract or subcontract. Except in the
case of a contract or subcontract covered by the exceptions
in subsection (b)(1)(A), the data submitted shall include, at
a minimum, appropriate information on the prices at which the
same item or similar items have previously been sold that is
adequate for evaluating the reasonableness of the price for
the procurement.
``(2) Limitations on authority.--The Federal Acquisition
Regulation shall include the following provisions regarding
the types of information that contracting officers may
require under paragraph (1):
``(A) Reasonable limitations on requests for sales data
relating to commercial items.
``(B) A requirement that a contracting officer limit, to
the maximum extent practicable, the scope of any request for
information relating to commercial items from an offeror to
only that information that is in the form regularly
maintained by the offeror in commercial operations.
``(C) A statement that any information received relating to
commercial items that is exempt from disclosure under section
552(b) of title 5 shall not be disclosed by the Federal
Government.''.
(2) Section 2306a of such title is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection (h).
(b) Civilian Agency Acquisitions.--(1) Subsections (b), (c)
and (d) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b) are
amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of certified cost or pricing
data shall not be required under subsection (a) in the case
of a contract, a subcontract, or a modification of a contract
or subcontract--
``(A) for which the price agreed upon is based on--
``(i) adequate price competition; or
``(ii) prices set by law or regulation;
``(B) for the acquisition of a commercial item; or
``(C) in an exceptional case when the head of the procuring
activity, without delegation, determines that the
requirements of this section may be waived and justifies in
writing the reasons for such determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a
contract or subcontract for a commercial item that is not
covered by the exception to the submission of certified cost
or pricing data in paragraph (1)(A) or (1)(B), submission of
certified cost or pricing data shall not be required under
subsection (a) if--
``(A) the contract or subcontract being modified is a
contract or subcontract for which submission of certified
cost or pricing data may not be required by reason of
paragraph (1)(A) or (1)(B); and
``(B) the modification would not change the contract or
subcontract, as the case may be, from a contract or
subcontract for the acquisition of a commercial item to a
contract or subcontract for the acquisition of an item other
than a commercial item.
``(c) Cost or Pricing Data on Below-Threshold Contracts.--
``(1) Authority to require submission.--Subject to
paragraph (2), when certified cost or pricing data are not
required to be submitted by subsection (a) for a contract,
subcontract, or modification of a contract or
[[Page 192]]
subcontract, such data may nevertheless be required to be
submitted by the head of the procuring activity, but only if
the head of the procuring activity determines that such data
are necessary for the evaluation by the agency of the
reasonableness of the price of the contract, subcontract, or
modification of a contract or subcontract. In any case in
which the head of the procuring activity requires such data
to be submitted under this subsection, the head of the
procuring activity shall justify in writing the reason for
such requirement.
``(2) Exception.--The head of the procuring activity may
not require certified cost or pricing data to be submitted
under this paragraph for any contract or subcontract, or
modification of a contract or subcontract, covered by the
exceptions in subparagraph (A) or (B) of subsection (b)(1).
``(3) Delegation of authority prohibited.--The head of a
procuring activity may not delegate the functions under this
paragraph.
``(d) Submission of Other Information.--
``(1) Authority to require submission.--When certified cost
or pricing data are not required to be submitted under this
section for a contract, subcontract, or modification of a
contract or subcontract, the contracting officer shall
require submission of data other than certified cost or
pricing data to the extent necessary to determine the
reasonableness of the price of the contract, subcontract, or
modification of the contract or subcontract. Except in the
case of a contract or subcontract covered by the exceptions
in subsection (b)(1)(A), the data submitted shall include, at
a minimum, appropriate information on the prices at which the
same item or similar items have previously been sold that is
adequate for evaluating the reasonableness of the price for
the procurement.
``(2) Limitations on authority.--The Federal Acquisition
Regulation shall include the following provisions regarding
the types of information that contracting officers may
require under paragraph (1):
``(A) Reasonable limitations on requests for sales data
relating to commercial items.
``(B) A requirement that a contracting officer limit, to
the maximum extent practicable, the scope of any request for
information relating to commercial items from an offeror to
only that information that is in the form regularly
maintained by the offeror in commercial operations.
``(C) A statement that any information received relating to
commercial items that is exempt from disclosure under section
552(b) of title 5 shall not be disclosed by the Federal
Government.''.
(2) Section 304A of such Act is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection (h).
SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN
COMMERCIAL ITEMS.
(a) Armed Services Acquisitions.--(1) Section 2304(g) of
title 10, United States Code, is amended--
(A) in paragraph (1), by striking out ``shall provide for
special simplified procedures for purchases of'' and all that
follows through the end of the paragraph and inserting in
lieu thereof the following: ``shall provide for--
``(A) special simplified procedures for purchases of
property and services for amounts not greater than the
simplified acquisition threshold; and
``(B) special simplified procedures for purchases of
property and services for amounts greater than the simplified
acquisition threshold but not greater than $5,000,000 with
respect to which the contracting officer reasonably expects,
based on the nature of the property or services sought and on
market research, that offers will include only commercial
items.''; and
(B) by adding at the end the following new paragraph:
``(4) The head of an agency shall comply with the Federal
Acquisition Regulation provisions referred to in section
31(g) of the Office of Federal Procurement Policy Act (41
U.S.C. 427).''.
(2) Section 2305 of title 10, United States Code, is
amended in subsection (a)(2) by inserting after ``(other than
for'' the following: ``a procurement for commercial items
using special simplified procedures or''.
(b) Civilian Agency Acquisitions.--(1) Section 303(g) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(g)) is amended--
(A) in paragraph (1), by striking out ``shall provide for
special simplified procedures for purchases of'' and all that
follows through the end of the paragraph and inserting in
lieu thereof the following: ``shall provide for--
``(A) special simplified procedures for purchases of
property and services for amounts not greater than the
simplified acquisition threshold; and
``(B) special simplified procedures for purchases of
property and services for amounts greater than the simplified
acquisition threshold but not greater than $5,000,000 with
respect to which the contracting officer reasonably expects,
based on the nature of the property or services sought and on
market research, that offers will include only commercial
items.''; and
(B) by adding at the end the following new paragraph:
``(5) An executive agency shall comply with the Federal
Acquisition Regulation provisions referred to in section
31(g) of the Office of Federal Procurement Policy Act (41
U.S.C. 427).''.
(2) Section 303A of such Act (41 U.S.C. 253a) is amended in
subsection (b) by inserting after ``(other than for'' the
following: ``a procurement for commercial items using special
simplified procedures or''.
(c) Acquisitions Generally.--Section 31 of the Office of
Federal Procurement Policy Act (41 U.S.C. 427) is amended--
(1) in subsection (a), by striking out ``shall provide for
special simplified procedures for purchases of'' and all that
follows through the end of the subsection and inserting in
lieu thereof the following: ``shall provide for--
``(1) special simplified procedures for purchases of
property and services for amounts not greater than the
simplified acquisition threshold; and
``(2) special simplified procedures for purchases of
property and services for amounts greater than the simplified
acquisition threshold but not greater than $5,000,000 with
respect to which the contracting officer reasonably expects,
based on the nature of the property or services sought and on
market research, that offers will include only commercial
items.''; and
(2) by adding at the end the following new subsection:
``(g) Special Rules for Commercial Items.--The Federal
Acquisition Regulation shall provide that, in the case of a
purchase of commercial items using special simplified
procedures, an executive agency--
``(1) shall publish a notice in accordance with section 18
and, as provided in subsection (b)(4) of such section, permit
all responsible sources to submit a bid, proposal, or
quotation (as appropriate) which shall be considered by the
agency;
``(2) may not conduct the purchase on a sole source basis
unless the need to do so is justified in writing and approved
in accordance with section 2304 of title 10, United States
Code, or section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253), as
applicable; and
``(3) shall include in the contract file a written
description of the procedures used in awarding the contract
and the number of offers received.''.
(d) Simplified Notice.--(1) Section 18 of the Office of
Federal Procurement Policy Act (41 U.S.C. 416) is amended--
(A) in subsection (a)(6), by inserting before
``submission'' the following: ``issuance of solicitations and
the''; and
(B) in subsection (b)(6), by striking out ``threshold--''
and inserting in lieu thereof ``threshold, or a contract for
the procurement of commercial items using special simplified
procedures--''.
(e) Effective Date.--The authority to issue solicitations
for purchases of commercial items in excess of the simplified
acquisition threshold pursuant to the special simplified
procedures authorized by section 2304(g)(1) of title 10,
United States Code, section 303(g)(1) of the Federal Property
and Administrative Services Act of 1949, and section 31(a) of
the Office of Federal Procurement Policy Act, as amended by
this section, shall expire three years after the date on
which such amendments take effect pursuant to section
4401(b). Contracts may be awarded pursuant to solicitations
that have been issued before such authority expires,
notwithstanding the expiration of such authority.
SEC. 4203. INAPPLICABILITY OF CERTAIN PROCUREMENT LAWS TO
COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.
(a) Laws Listed in the FAR.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401) et seq.) is amended by
adding at the end the following:
``SEC. 35. COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM
ACQUISITIONS: LISTS OF INAPPLICABLE LAWS IN
FEDERAL ACQUISITION REGULATION.
``(a) Lists of Inapplicable Provisions of Law.--(1) The
Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to contracts for the
procurement of commercially available off-the-shelf items.
``(2) A provision of law that, pursuant to paragraph (3),
is properly included on a list referred to in paragraph (1)
may not be construed as being applicable to contracts
referred to in paragraph (1). Nothing in this section shall
be construed to render inapplicable to such contracts any
provision of law that is not included on such list.
``(3) A provision of law described in subsection (b) shall
be included on the list of inapplicable provisions of law
required by paragraph (1) unless the Administrator for
Federal Procurement Policy makes a written determination that
it would not be in the best interest of the United States to
exempt such contracts from the applicability of that
provision of law. Nothing in this section shall be construed
as modifying or superseding, or as being intended to impair
or restrict authorities or responsibilities under--
``(A) section 15 of the Small Business Act (15 U.S.C. 644);
or
``(B) bid protest procedures developed under the authority
of subchapter V of chapter 35 of title 31, United States
Code; subsections (e) and (f) of section 2305 of title 10,
United States Code; or subsections (h) and (i) of section
303B of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253b).
``(b) Covered Law.--Except as provided in subsection
(a)(3), the list referred to in subsection (a)(1) shall
include each provision of law that, as determined by the
Administrator, imposes on persons who have been
[[Page 193]]
awarded contracts by the Federal Government for the
procurement of commercially available off-the-shelf items
Government-unique policies, procedures, requirements, or
restrictions for the procurement of property or services,
except the following:
``(1) A provision of law that provides for criminal or
civil penalties.
``(2) A provision of law that specifically refers to this
section and provides that, notwithstanding this section, such
provision of law shall be applicable to contracts for the
procurement of commercial off-the-shelf items.
``(c) Definition.--(1) As used in this section, the term
`commercially available off-the-shelf item' means, except as
provided in paragraph (2), an item that--
``(A) is a commercial item (as described in section
4(12)(A));
``(B) is sold in substantial quantities in the commercial
marketplace; and
``(C) is offered to the Government, without modification,
in the same form in which it is sold in the commercial
marketplace.
``(2) The term `commercially available off-the-shelf item'
does not include bulk cargo, as defined in section 3 of the
Shipping Act of 1984 (46 U.S.C. App. 1702), such as
agricultural products and petroleum products.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 34 the following:
``Sec. 35. Commercially available off-the-shelf item acquisitions:
lists of inapplicable laws in Federal Acquisition
Regulation.''.
SEC. 4204. AMENDMENT OF COMMERCIAL ITEMS DEFINITION.
Section 4(12)(F) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(F)) is amended by inserting
``or market'' after ``catalog''.
SEC. 4205. INAPPLICABILITY OF COST ACCOUNTING STANDARDS TO
CONTRACTS AND SUBCONTRACTS FOR COMMERCIAL
ITEMS.
Paragraph (2)(B) of section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)) is amended--
(1) by striking out clause (i) and inserting in lieu
thereof the following:
``(i) Contracts or subcontracts for the acquisition of
commercial items.''; and
(2) by striking out clause (iii).
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
SEC. 4301. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENTS.
(a) Elimination of Certain Statutory Certification
Requirements.--(1) Section 2410b of title 10, United States
Code, is amended in paragraph (2) by striking out
``certification and''.
(2) Section 1352(b)(2) of title 31, United States Code, is
amended--
(A) by striking out subparagraph (C); and
(B) by inserting ``and'' after the semicolon at the end of
subparagraph (A).
(3) Section 5152 of the Drug-Free Workplace Act of 1988 (41
U.S.C. 701) is amended--
(A) in subsection (a)(1), by striking out ``has certified
to the contracting agency that it will'' and inserting in
lieu thereof ``agrees to'';
(B) in subsection (a)(2), by striking out ``contract
includes a certification by the individual'' and inserting in
lieu thereof ``individual agrees''; and
(C) in subsection (b)(1)--
(i) by striking out subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (A)
and in that subparagraph by striking out ``such certification
by failing to carry out''; and
(iii) by redesignating subparagraph (C) as subparagraph
(B).
(b) Elimination of Certain Regulatory Certification
Requirements.--
(1) Current certification requirements.--(A) Not later than
210 days after the date of the enactment of this Act, the
Administrator for Federal Procurement Policy shall issue for
public comment a proposal to amend the Federal Acquisition
Regulation to remove from the Federal Acquisition Regulation
certification requirements for contractors and offerors that
are not specifically imposed by statute. The Administrator
may omit such a certification requirement from the proposal
only if--
(i) the Federal Acquisition Regulatory Council provides the
Administrator with a written justification for the
requirement and a determination that there is no less
burdensome means for administering and enforcing the
particular regulation that contains the certification
requirement; and
(ii) the Administrator approves in writing the retention of
the certification requirement.
(B)(i) Not later than 210 days after the date of the
enactment of this Act, the head of each executive agency that
has agency procurement regulations containing one or more
certification requirements for contractors and offerors that
are not specifically imposed by statute shall issue for
public comment a proposal to amend the regulations to remove
the certification requirements. The head of the executive
agency may omit such a certification requirement from the
proposal only if--
(I) the senior procurement executive for the executive
agency provides the head of the executive agency with a
written justification for the requirement and a determination
that there is no less burdensome means for administering and
enforcing the particular regulation that contains the
certification requirement; and
(II) the head of the executive agency approves in writing
the retention of such certification requirement.
(ii) For purposes of clause (i), the term ``head of the
executive agency'' with respect to a military department
means the Secretary of Defense.
(2) Future certification requirements.--(A) Section 29 of
the Office of Federal Procurement Policy Act (41 U.S.C. 425)
is amended--
(i) by amending the heading to read as follows:
``SEC. 29. CONTRACT CLAUSES AND CERTIFICATIONS.'';
(ii) by inserting ``(a) Nonstandard Contract Clauses.--''
before ``The Federal Acquisition''; and
(iii) by adding at the end the following new subsection:
``(c) Prohibition on Certification Requirements.--(1) A
requirement for a certification by a contractor or offeror
may not be included in the Federal Acquisition Regulation
unless--
``(A) the certification requirement is specifically imposed
by statute; or
``(B) written justification for such certification
requirement is provided to the Administrator for Federal
Procurement Policy by the Federal Acquisition Regulatory
Council, and the Administrator approves in writing the
inclusion of such certification requirement.
``(2)(A) A requirement for a certification by a contractor
or offeror may not be included in a procurement regulation of
an executive agency unless--
``(i) the certification requirement is specifically imposed
by statute; or
``(ii) written justification for such certification
requirement is provided to the head of the executive agency
by the senior procurement executive of the agency, and the
head of the executive agency approves in writing the
inclusion of such certification requirement.
``(B) For purposes of subparagraph (A), the term `head of
the executive agency' with respect to a military department
means the Secretary of Defense.''.
(B) The item relating to section 29 in the table of
contents for the Office of Federal Procurement Policy Act
(contained in section 1(b)) (41 U.S.C. 401 note) is amended
to read as follows:
``Sec. 29. Contract clauses and certifications.''.
(c) Policy of Congress.--Section 29 of the Office of
Federal Procurement Policy Act (41 U.S.C. 425) is further
amended by adding after subsection (a) the following new
subsection:
``(b) Construction of Certification Requirements.--A
provision of law may not be construed as requiring a
certification by a contractor or offeror in a procurement
made or to be made by the Federal Government unless that
provision of law specifically provides that such a
certification shall be required.''.
SEC. 4302. AUTHORITIES CONDITIONED ON FACNET CAPABILITY.
(a) Commencement and Expiration of Authority To Conduct
Certain Tests of Procurement Procedures.--Subsection (j) of
section 5061 of the Federal Acquisition Streamlining Act of
1994 (41 U.S.C. 413 note; 108 Stat. 3355) is amended to read
as follows:
``(j) Commencement and Expiration of Authority.--The
authority to conduct a test under subsection (a) in an agency
and to award contracts under such a test shall take effect on
January 1, 1997, and shall expire on January 1, 2001. A
contract entered into before such authority expires in an
agency pursuant to a test shall remain in effect, in
accordance with the terms of the contract, the
notwithstanding of expiration the authority to conduct the
test under this section.''.
(b) Use of Simplified Acquisition Procedures.--Subsection
(e) of section 31 of the Office of Federal Procurement Policy
Act (41 U.S.C. 427) is amended--
(1) by striking out ``Acquisition Procedures.--'' and all
that follows through ``(B) The simplified acquisition'' in
paragraph (2)(B) and inserting in lieu thereof ``Acquisition
Procedures.--The simplified acquisition''; and
(2) by striking out ``pursuant to this section'' in the
remaining text and inserting in lieu thereof ``pursuant to
section 2304(g)(1)(A) of title 10, United States Code,
section 303(g)(1)(A) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)),
and subsection (a)(1) of this section''.
SEC. 4303. INTERNATIONAL COMPETITIVENESS.
(a) Additional Authority to Waive Research, Development,
and Production Costs.--Subject to subsection (b), section
21(e)(2) of the Arms Export Control Act (22 U.S.C.
2761(e)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following new subparagraphs:
``(B) The President may waive the charge or charges which
would otherwise be considered appropriate under paragraph
(1)(B) for a particular sale if the President determines
that--
``(i) imposition of the charge or charges likely would
result in the loss of the sale; or
``(ii) in the case of a sale of major defense equipment
that is also being procured for the use of the Armed Forces,
the waiver of the charge or charges would (through a
resulting increase in the total quantity of the equipment
purchased from the source of the equip
[[Page 194]]
ment that causes a reduction in the unit cost of the
equipment) result in a savings to the United States on the
cost of the equipment procured for the use of the Armed
Forces that substantially offsets the revenue foregone by
reason of the waiver of the charge or charges.
``(C) The President may waive, for particular sales of
major defense equipment, any increase in a charge or charges
previously considered appropriate under paragraph (1)(B) if
the increase results from a correction of an estimate
(reasonable when made) of the production quantity base that
was used for calculating the charge or charges for purposes
of such paragraph.''.
(b) Conditions.--Subsection (a) shall be effective only
if--
(1) the President, in the budget of the President for
fiscal year 1997, proposes legislation that if enacted would
be qualifying offsetting legislation; and
(2) there is enacted qualifying offsetting legislation.
(c) Effective Date.--If the conditions in subsection (b)
are met, then the amendments made by subsection (a) shall
take effect on the date of the enactment of qualifying
offsetting legislation.
(d) Definitions.--For purposes of this section:
(1) The term ``qualifying offsetting legislation'' means
legislation that includes provisions that--
(A) offset fully the estimated revenues lost as a result of
the amendments made by subsection (a) for each of the fiscal
years 1997 through 2005;
(B) expressly state that they are enacted for the purpose
of the offset described in subparagraph (A); and
(C) are included in full on the PayGo scorecard.
(2) The term ``PayGo scorecard'' means the estimates that
are made by the Director of the Congressional Budget Office
and the Director of the Office of Management and Budget under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 4304. PROCUREMENT INTEGRITY.
(a) Amendment of Procurement Integrity Provision.--Section
27 of the Office of Federal Procurement Policy Act (41 U.S.C.
423) is amended to read as follows:
``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING
CONTRACTOR BID OR PROPOSAL INFORMATION OR
SOURCE SELECTION INFORMATION.
``(a) Prohibition on Disclosing Procurement Information.--
(1) A person described in paragraph (2) shall not, other than
as provided by law, knowingly disclose contractor bid or
proposal information or source selection information before
the award of a Federal agency procurement contract to which
the information relates.
``(2) Paragraph (1) applies to any person who--
``(A) is a present or former official of the United States,
or a person who is acting or has acted for or on behalf of,
or who is advising or has advised the United States with
respect to, a Federal agency procurement; and
``(B) by virtue of that office, employment, or relationship
has or had access to contractor bid or proposal information
or source selection information.
``(b) Prohibition on Obtaining Procurement Information.--A
person shall not, other than as provided by law, knowingly
obtain contractor bid or proposal information or source
selection information before the award of a Federal agency
procurement contract to which the information relates.
``(c) Actions Required of Procurement Officers When
Contacted by Offerors Regarding Non-Federal Employment.--(1)
If an agency official who is participating personally and
substantially in a Federal agency procurement for a contract
in excess of the simplified acquisition threshold contacts or
is contacted by a person who is a bidder or offeror in that
Federal agency procurement regarding possible non-Federal
employment for that official, the official shall--
``(A) promptly report the contact in writing to the
official's supervisor and to the designated agency ethics
official (or designee) of the agency in which the official is
employed; and
``(B)(i) reject the possibility of non-Federal employment;
or
``(ii) disqualify himself or herself from further personal
and substantial participation in that Federal agency
procurement until such time as the agency has authorized the
official to resume participation in such procurement, in
accordance with the requirements of section 208 of title 18,
United States Code, and applicable agency regulations on the
grounds that--
``(I) the person is no longer a bidder or offeror in that
Federal agency procurement; or
``(II) all discussions with the bidder or offeror regarding
possible non-Federal employment have terminated without an
agreement or arrangement for employment.
``(2) Each report required by this subsection shall be
retained by the agency for not less than two years following
the submission of the report. All such reports shall be made
available to the public upon request, except that any part of
a report that is exempt from the disclosure requirements of
section 552 of title 5, United States Code, under subsection
(b)(1) of such section may be withheld from disclosure to the
public.
``(3) An official who knowingly fails to comply with the
requirements of this subsection shall be subject to the
penalties and administrative actions set forth in subsection
(e).
``(4) A bidder or offeror who engages in employment
discussions with an official who is subject to the
restrictions of this subsection, knowing that the official
has not complied with subparagraph (A) or (B) of paragraph
(1), shall be subject to the penalties and administrative
actions set forth in subsection (e).
``(d) Prohibition on Former Official's Acceptance of
Compensation From Contractor.--(1) A former official of a
Federal agency may not accept compensation from a contractor
as an employee, officer, director, or consultant of the
contractor within a period of one year after such former
official--
``(A) served, at the time of selection of the contractor or
the award of a contract to that contractor, as the procuring
contracting officer, the source selection authority, a member
of the source selection evaluation board, or the chief of a
financial or technical evaluation team in a procurement in
which that contractor was selected for award of a contract in
excess of $10,000,000;
``(B) served as the program manager, deputy program
manager, or administrative contracting officer for a contract
in excess of $10,000,000 awarded to that contractor; or
``(C) personally made for the Federal agency--
``(i) a decision to award a contract, subcontract,
modification of a contract or subcontract, or a task order or
delivery order in excess of $10,000,000 to that contractor;
``(ii) a decision to establish overhead or other rates
applicable to a contract or contracts for that contractor
that are valued in excess of $10,000,000;
``(iii) a decision to approve issuance of a contract
payment or payments in excess of $10,000,000 to that
contractor; or
``(iv) a decision to pay or settle a claim in excess of
$10,000,000 with that contractor.
``(2) Nothing in paragraph (1) may be construed to prohibit
a former official of a Federal agency from accepting
compensation from any division or affiliate of a contractor
that does not produce the same or similar products or
services as the entity of the contractor that is responsible
for the contract referred to in subparagraph (A), (B), or (C)
of such paragraph.
``(3) A former official who knowingly accepts compensation
in violation of this subsection shall be subject to penalties
and administrative actions as set forth in subsection (e).
``(4) A contractor who provides compensation to a former
official knowing that such compensation is accepted by the
former official in violation of this subsection shall be
subject to penalties and administrative actions as set forth
in subsection (e).
``(5) Regulations implementing this subsection shall
include procedures for an official or former official of a
Federal agency to request advice from the appropriate
designated agency ethics official regarding whether the
official or former official is or would be precluded by this
subsection from accepting compensation from a particular
contractor.
``(e) Penalties and Administrative Actions.--
``(1) Criminal penalties.--Whoever engages in conduct
constituting a violation of subsection (a) or (b) for the
purpose of either--
``(A) exchanging the information covered by such subsection
for anything of value, or
``(B) obtaining or giving anyone a competitive advantage in
the award of a Federal agency procurement contract,
shall be imprisoned for not more than 5 years or fined as
provided under title 18, United States Code, or both.
``(2) Civil penalties.--The Attorney General may bring a
civil action in an appropriate United States district court
against any person who engages in conduct constituting a
violation of subsection (a), (b), (c), or (d). Upon proof of
such conduct by a preponderance of the evidence, the person
is subject to a civil penalty. An individual who engages in
such conduct is subject to a civil penalty of not more than
$50,000 for each violation plus twice the amount of
compensation which the individual received or offered for the
prohibited conduct. An organization that engages in such
conduct is subject to a civil penalty of not more than
$500,000 for each violation plus twice the amount of
compensation which the organization received or offered for
the prohibited conduct.
``(3) Administrative actions.--(A) If a Federal agency
receives information that a contractor or a person has
engaged in conduct constituting a violation of subsection
(a), (b), (c), or (d), the Federal agency shall consider
taking one or more of the following actions, as appropriate:
``(i) Cancellation of the Federal agency procurement, if a
contract has not yet been awarded.
``(ii) Rescission of a contract with respect to which--
``(I) the contractor or someone acting for the contractor
has been convicted for an offense punishable under paragraph
(1), or
``(II) the head of the agency that awarded the contract has
determined, based upon a preponderance of the evidence, that
the contractor or someone acting for the contractor has
engaged in conduct constituting such an offense.
``(iii) Initiation of suspension or debarment proceedings
for the protection of the Government in accordance with
procedures in the Federal Acquisition Regulation.
``(iv) Initiation of adverse personnel action, pursuant to
the procedures in chapter
[[Page 195]]
75 of title 5, United States Code, or other applicable law or
regulation.
``(B) If a Federal agency rescinds a contract pursuant to
subparagraph (A)(ii), the United States is entitled to
recover, in addition to any penalty prescribed by law, the
amount expended under the contract.
``(C) For purposes of any suspension or debarment
proceedings initiated pursuant to subparagraph (A)(iii),
engaging in conduct constituting an offense under subsection
(a), (b), (c), or (d) affects the present responsibility of a
Government contractor or subcontractor.
``(f) Definitions.--As used in this section:
``(1) The term `contractor bid or proposal information'
means any of the following information submitted to a Federal
agency as part of or in connection with a bid or proposal to
enter into a Federal agency procurement contract, if that
information has not been previously made available to the
public or disclosed publicly:
``(A) Cost or pricing data (as defined by section 2306a(h)
of title 10, United States Code, with respect to procurements
subject to that section, and section 304A(h) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254b(h)), with respect to procurements subject to that
section).
``(B) Indirect costs and direct labor rates.
``(C) Proprietary information about manufacturing
processes, operations, or techniques marked by the contractor
in accordance with applicable law or regulation.
``(D) Information marked by the contractor as `contractor
bid or proposal information', in accordance with applicable
law or regulation.
``(2) The term `source selection information' means any of
the following information prepared for use by a Federal
agency for the purpose of evaluating a bid or proposal to
enter into a Federal agency procurement contract, if that
information has not been previously made available to the
public or disclosed publicly:
``(A) Bid prices submitted in response to a Federal agency
solicitation for sealed bids, or lists of those bid prices
before public bid opening.
``(B) Proposed costs or prices submitted in response to a
Federal agency solicitation, or lists of those proposed costs
or prices.
``(C) Source selection plans.
``(D) Technical evaluation plans.
``(E) Technical evaluations of proposals.
``(F) Cost or price evaluations of proposals.
``(G) Competitive range determinations that identify
proposals that have a reasonable chance of being selected for
award of a contract.
``(H) Rankings of bids, proposals, or competitors.
``(I) The reports and evaluations of source selection
panels, boards, or advisory councils.
``(J) Other information marked as `source selection
information' based on a case-by-case determination by the
head of the agency, his designee, or the contracting officer
that its disclosure would jeopardize the integrity or
successful completion of the Federal agency procurement to
which the information relates.
``(3) The term `Federal agency' has the meaning provided
such term in section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
``(4) The term `Federal agency procurement' means the
acquisition (by using competitive procedures and awarding a
contract) of goods or services (including construction) from
non-Federal sources by a Federal agency using appropriated
funds.
``(5) The term `contracting officer' means a person who, by
appointment in accordance with applicable regulations, has
the authority to enter into a Federal agency procurement
contract on behalf of the Government and to make
determinations and findings with respect to such a contract.
``(6) The term `protest' means a written objection by an
interested party to the award or proposed award of a Federal
agency procurement contract, pursuant to subchapter V of
chapter 35 of title 31, United States Code.
``(7) The term `official' means the following:
``(A) An officer, as defined in section 2104 of title 5,
United States Code.
``(B) An employee, as defined in section 2105 of title 5,
United States Code.
``(C) A member of the uniformed services, as defined in
section 2101(3) of title 5, United States Code.
``(g) Limitation on Protests.--No person may file a protest
against the award or proposed award of a Federal agency
procurement contract alleging a violation of subsection (a),
(b), (c), or (d), nor may the Comptroller General of the
United States consider such an allegation in deciding a
protest, unless that person reported to the Federal agency
responsible for the procurement, no later than 14 days after
the person first discovered the possible violation, the
information that the person believed constitutes evidence of
the offense.
``(h) Savings Provisions.--This section does not--
``(1) restrict the disclosure of information to, or its
receipt by, any person or class of persons authorized, in
accordance with applicable agency regulations or procedures,
to receive that information;
``(2) restrict a contractor from disclosing its own bid or
proposal information or the recipient from receiving that
information;
``(3) restrict the disclosure or receipt of information
relating to a Federal agency procurement after it has been
canceled by the Federal agency before contract award unless
the Federal agency plans to resume the procurement;
``(4) prohibit individual meetings between a Federal agency
official and an offeror or potential offeror for, or a
recipient of, a contract or subcontract under a Federal
agency procurement, provided that unauthorized disclosure or
receipt of contractor bid or proposal information or source
selection information does not occur;
``(5) authorize the withholding of information from, nor
restrict its receipt by, Congress, a committee or
subcommittee of Congress, the Comptroller General, a Federal
agency, or an inspector general of a Federal agency;
``(6) authorize the withholding of information from, nor
restrict its receipt by, the Comptroller General of the
United States in the course of a protest against the award or
proposed award of a Federal agency procurement contract; or
``(7) limit the applicability of any requirements,
sanctions, contract penalties, and remedies established under
any other law or regulation.''.
(b) Repeals.--The following provisions of law are repealed:
(1) Sections 2397, 2397a, 2397b, and 2397c of title 10,
United States Code.
(2) Section 33 of the Federal Energy Administration Act of
1974 (15 U.S.C. 789).
(3) Section 281 of title 18, United States Code.
(4) Subsection (c) of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428).
(5) The first section 19 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5918).
(6) Part A of title VI of the Department of Energy
Organization Act and its catchline (42 U.S.C. 7211, 7212, and
7218).
(7) Section 308 of the Energy Research and Development
Administration Appropriation Authorization Act for Fiscal
Year 1977 (42 U.S.C. 5816a).
(8) Section 522 of the Energy Policy and Conservation Act
(42 U.S.C. 6392).
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 141
of title 10, United States Code, is amended by striking out
the items relating to sections 2397, 2397a, 2397b, and 2397c.
(2) The table of sections at the beginning of chapter 15 of
title 18, United States Code, is amended by striking out the
item relating to section 281.
(3) Section 32 of the Office of Federal Procurement Policy
Act (41 U.S.C. 428) is amended by redesignating subsections
(d), (e), (f), and (g) as subsections (c), (d), (e), and (f),
respectively.
(4) The table of contents for the Department of Energy
Organization Act is amended by striking out the items
relating to part A of title VI including sections 601 through
603.
(5) The table of contents for the Energy Policy and
Conservation Act is amended by striking out the item relating
to section 522.
SEC. 4305. FURTHER ACQUISITION STREAMLINING PROVISIONS.
(a) Purpose of Office of Federal Procurement Policy.--
(1) Revised statement of purpose.--Section 5(a) of the
Office of Federal Procurement Policy Act (41 U.S.C. 404) is
amended to read as follows:
``(a) There is in the Office of Management and Budget an
Office of Federal Procurement Policy (hereinafter referred to
as the `Office') to provide overall direction of Government-
wide procurement policies, regulations, procedures, and forms
for executive agencies and to promote economy, efficiency,
and effectiveness in the procurement of property and services
by the executive branch of the Federal Government.''.
(2) Repeal of findings, policies, and purposes.--Sections 2
and 3 of such Act (41 U.S.C. 401 and 402) are repealed.
(b) Repeal of Report Requirement.--Section 8 of the Office
of Federal Procurement Policy Act (41 U.S.C. 407) is
repealed.
(c) Obsolete Provisions.--
(1) Relationship to former regulations.--Section 10 of the
Office of Federal Procurement Policy Act (41 U.S.C. 409) is
repealed.
(2) Authorization of appropriations.--Section 11 of such
Act (41 U.S.C. 410) is amended to read as follows:
``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for the Office of
Federal Procurement Policy each fiscal year such sums as may
be necessary for carrying out the responsibilities of that
office for such fiscal year.''.
(d) Clerical Amendments.--The table of contents for the
Office of Federal Procurement Policy Act (contained in
section 1(b)) is amended by striking out the items relating
to sections 2, 3, 8, and 10.
SEC. 4306. VALUE ENGINEERING FOR FEDERAL AGENCIES.
(a) Use of Value Engineering.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), as amended by
section 4203, is further amended by adding at the end the
following new section:
``SEC. 36. VALUE ENGINEERING.
``(a) In General.--Each executive agency shall establish
and maintain cost-effective value engineering procedures and
processes.
``(b) Definition.--As used in this section, the term `value
engineering' means an analysis of the functions of a program,
project, system, product, item of equipment, building,
facility, service, or supply of an executive agency,
performed by qualified agency or contractor personnel,
directed at improv
[[Page 196]]
ing performance, reliability, quality, safety, and life cycle
costs.''.
(b) Clerical Amendment.--The table of contents for such
Act, contained in section 1(b), is amended by adding at the
end the following new item:
``Sec. 36. Value engineering.''.
SEC. 4307. ACQUISITION WORKFORCE.
(a) Acquisition Workforce.--(1) The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), as amended by
section 4306, is further amended by adding at the end the
following new section:
``SEC. 37. ACQUISITION WORKFORCE.
``(a) Applicability.--This section does not apply to an
executive agency that is subject to chapter 87 of title 10,
United States Code.
``(b) Management Policies.--
``(1) Policies and procedures.--The head of each executive
agency, after consultation with the Administrator for Federal
Procurement Policy, shall establish policies and procedures
for the effective management (including accession, education,
training, career development, and performance incentives) of
the acquisition workforce of the agency. The development of
acquisition workforce policies under this section shall be
carried out consistent with the merit system principles set
forth in section 2301(b) of title 5, United States Code.
``(2) Uniform implementation.--The head of each executive
agency shall ensure that, to the maximum extent practicable,
acquisition workforce policies and procedures established are
uniform in their implementation throughout the agency.
``(3) Government-wide policies and evaluation.--The
Administrator shall issue policies to promote uniform
implementation of this section by executive agencies, with
due regard for differences in program requirements among
agencies that may be appropriate and warranted in view of the
agency mission. The Administrator shall coordinate with the
Deputy Director for Management of the Office of Management
and Budget to ensure that such policies are consistent with
the policies and procedures established and enhanced system
of incentives provided pursuant to section 5051(c) of the
Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 263
note). The Administrator shall evaluate the implementation of
the provisions of this section by executive agencies.
``(c) Senior Procurement Executive Authorities and
Responsibilities.--Subject to the authority, direction, and
control of the head of an executive agency, the senior
procurement executive of the agency shall carry out all
powers, functions, and duties of the head of the agency with
respect to implementation of this section. The senior
procurement executive shall ensure that the policies of the
head of the executive agency established in accordance with
this section are implemented throughout the agency.
``(d) Management Information Systems.--The Administrator
shall ensure that the heads of executive agencies collect and
maintain standardized information on the acquisition
workforce related to implementation of this section. To the
maximum extent practicable, such data requirements shall
conform to standards established by the Office of Personnel
Management for the Central Personnel Data File.
``(e) Applicability to Acquisition Workforce.--The programs
established by this section shall apply to the acquisition
workforce of each executive agency. For purposes of this
section, the acquisition workforce of an agency consists of
all employees serving in acquisition positions listed in
subsection (g)(1)(A).
``(f) Career Development.--
``(1) Career paths.--The head of each executive agency
shall ensure that appropriate career paths for personnel who
desire to pursue careers in acquisition are identified in
terms of the education, training, experience, and assignments
necessary for career progression to the most senior
acquisition positions. The head of each executive agency
shall make information available on such career paths.
``(2) Critical duties and tasks.--For each career path, the
head of each executive agency shall identify the critical
acquisition-related duties and tasks in which, at minimum,
employees of the agency in the career path shall be competent
to perform at full performance grade levels. For this
purpose, the head of the executive agency shall provide
appropriate coverage of the critical duties and tasks
identified by the Director of the Federal Acquisition
Institute.
``(3) Mandatory training and education.--For each career
path, the head of each executive agency shall establish
requirements for the completion of course work and related
on-the-job training in the critical acquisition-related
duties and tasks of the career path. The head of each
executive agency shall also encourage employees to maintain
the currency of their acquisition knowledge and generally
enhance their knowledge of related acquisition management
disciplines through academic programs and other self-
developmental activities.
``(4) Performance incentives.--The head of each executive
agency shall provide for an enhanced system of incentives for
the encouragement of excellence in the acquisition workforce
which rewards performance of employees that contribute to
achieving the agency's performance goals. The system of
incentives shall include provisions that--
``(A) relate pay to performance (including the extent to
which the performance of personnel in such workforce
contributes to achieving the cost goals, schedule goals, and
performance goals established for acquisition programs
pursuant to section 313(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 263(b))); and
``(B) provide for consideration, in personnel evaluations
and promotion decisions, of the extent to which the
performance of personnel in such workforce contributes to
achieving such cost goals, schedule goals, and performance
goals.
``(g) Qualification Requirements.--
``(1) In general.--(A) Subject to paragraph (2), the
Administrator shall establish qualification requirements,
including education requirements, for the following
positions:
``(i) Entry-level positions in the General Schedule
Contracting series (GS-1102).
``(ii) Senior positions in the General Schedule Contracting
series (GS-1102).
``(iii) All positions in the General Schedule Purchasing
series (GS-1105).
``(iv) Positions in other General Schedule series in which
significant acquisition-related functions are performed.
``(B) Subject to paragraph (2), the Administrator shall
prescribe the manner and extent to which such qualification
requirements shall apply to any person serving in a position
described in subparagraph (A) at the time such requirements
are established.
``(2) Relationship to requirements applicable to defense
acquisition workforce.--The Administrator shall establish
qualification requirements and make prescriptions under
paragraph (1) that are comparable to those established for
the same or equivalent positions pursuant to chapter 87 of
title 10, United States Code, with appropriate modifications.
``(3) Approval of requirements.--The Administrator shall
submit any requirement established or prescription made under
paragraph (1) to the Director of the Office of Personnel
Management for approval. If the Director does not disapprove
a requirement or prescription within 30 days after the date
on which the Director receives it, the requirement or
prescription is deemed to be approved by the Director.
``(h) Education and Training.--
``(1) Funding levels.--(A) The head of an executive agency
shall set forth separately the funding levels requested for
education and training of the acquisition workforce in the
budget justification documents submitted in support of the
President's budget submitted to Congress under section 1105
of title 31, United States Code.
``(B) Funds appropriated for education and training under
this section may not be obligated for any other purpose.
``(2) Tuition assistance.--The head of an executive agency
may provide tuition reimbursement in education (including a
full-time course of study leading to a degree) in accordance
with section 4107 of title 5, United States Code, for
personnel serving in acquisition positions in the agency.''.
(2) The table of contents for such Act, contained in
section 1(b), is amended by adding at the end the following
new item:
``Sec. 37. Acquisition workforce.''.
(b) Additional Amendments.--Section 6(d) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405), is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), and (12) (as transferred by section 4321(h)(1)) as
paragraphs (7), (8), (9), (10), (11), (12), and (13),
respectively;
(2) in paragraph (5)--
(A) in subparagraph (A), by striking out ``Government-wide
career management programs for a professional procurement
work force'' and inserting in lieu thereof ``the development
of a professional acquisition workforce Government-wide'';
and
(B) in subparagraph (B)--
(i) by striking out ``procurement by the'' and inserting in
lieu thereof ``acquisition by the'';
(ii) by striking out ``and'' at the end of the
subparagraph; and
(iii) by striking out subparagraph (C) and inserting in
lieu thereof the following:
``(C) collect data and analyze acquisition workforce data
from the Office of Personnel Management, the heads of
executive agencies, and, through periodic surveys, from
individual employees;
``(D) periodically analyze acquisition career fields to
identify critical competencies, duties, tasks, and related
academic prerequisites, skills, and knowledge;
``(E) coordinate and assist agencies in identifying and
recruiting highly qualified candidates for acquisition
fields;
``(F) develop instructional materials for acquisition
personnel in coordination with private and public acquisition
colleges and training facilities;
``(G) evaluate the effectiveness of training and career
development programs for acquisition personnel;
``(H) promote the establishment and utilization of academic
programs by colleges and universities in acquisition fields;
``(I) facilitate, to the extent requested by agencies,
interagency intern and training programs; and
``(J) perform other career management or research functions
as directed by the Administrator.''; and
(3) by inserting before paragraph (7) (as so redesignated)
the following new paragraph (6):
``(6) administering the provisions of section 37;''.
SEC. 4308. DEMONSTRATION PROJECT RELATING TO CERTAIN
PERSONNEL MANAGEMENT POLICIES AND PROCEDURES.
(a) Commencement.--The Secretary of Defense is encouraged
to take such steps as
[[Page 197]]
may be necessary to provide for the commencement of a
demonstration project, the purpose of which would be to
determine the feasibility or desirability of one or more
proposals for improving the personnel management policies or
procedures that apply with respect to the acquisition
workforce of the Department of Defense.
(b) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
subsection, any demonstration project described in subsection
(a) shall be subject to section 4703 of title 5, United
States Code, and all other provisions of such title that
apply with respect to any demonstration project under such
section.
(2) Exceptions.--Subject to paragraph (3), in applying
section 4703 of title 5, United States Code, with respect to
a demonstration project described in subsection (a)--
(A) ``180 days'' in subsection (b)(4) of such section shall
be deemed to read ``120 days'';
(B) ``90 days'' in subsection (b)(6) of such section shall
be deemed to read ``30 days''; and
(C) subsection (d)(1)(A) of such section shall be
disregarded.
(3) Condition.--Paragraph (2) shall not apply with respect
to a demonstration project unless it--
(A) involves only the acquisition workforce of the
Department of Defense (or any part thereof); and
(B) commences during the 3-year period beginning on the
date of the enactment of this Act.
(c) Definition.--For purposes of this section, the term
``acquisition workforce'' refers to the persons serving in
acquisition positions within the Department of Defense, as
designated pursuant to section 1721(a) of title 10, United
States Code.
SEC. 4309. COOPERATIVE PURCHASING.
(a) Delay in Opening Certain Federal Supply Schedules To
Use by State, Local, and Indian Tribal Governments.--The
Administrator of General Services may not use the authority
of section 201(b)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481(b)(2)) to
provide for the use of Federal supply schedules of the
General Services Administration until after the later of--
(1) the date on which the 18-month period beginning on the
date of the enactment of this Act expires; or
(2) the date on which all of the following conditions are
met:
(A) The Administrator has considered the report of the
Comptroller General required by subsection (b).
(B) The Administrator has submitted comments on such report
to Congress as required by subsection (c).
(C) A period of 30 days after the date of submission of
such comments to Congress has expired.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Administrator of General Services and to Congress a
report on the implementation of section 201(b) of the Federal
Property and Administrative Services Act of 1949. The report
shall include the following:
(1) An assessment of the effect on industry, including
small businesses and local dealers, of providing for the use
of Federal supply schedules by the entities described in
section 201(b)(2)(A) of the Federal Property and
Administrative Services Act of 1949.
(2) An assessment of the effect on such entities of
providing for the use of Federal supply schedules by them.
(c) Comments on Report by Administrator.--Not later than 30
days after receiving the report of the Comptroller General
required by subsection (b), the Administrator of General
Services shall submit to Congress comments on the report,
including the Administrator's comments on whether the
Administrator plans to provide any Federal supply schedule
for the use of any entity described in section 201(b)(2)(A)
of the Federal Property and Administrative Services Act of
1949.
(d) Calculation of 30-Day Period.--For purposes of
subsection (a)(2)(C), the calculation of the 30-day period
shall exclude Saturdays, Sundays, and holidays, and any day
on which neither House of Congress is in session because of
an adjournment sine die, a recess of more than 3 days, or an
adjournment of more than 3 days.
SEC. 4310. PROCUREMENT NOTICE TECHNICAL AMENDMENT.
Section 18(c)(1)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c)(1)(E)) is amended by inserting
after ``requirements contract'' the following: ``, a task
order contract, or a delivery order contract''.
SEC. 4311. MICRO-PURCHASES WITHOUT COMPETITIVE QUOTATIONS.
Section 32(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 428), as redesignated by section 4304(c)(3),
is amended by striking out ``the contracting officer'' and
inserting in lieu thereof ``an employee of an executive
agency or a member of the Armed Forces of the United States
authorized to do so''.
Subtitle B--Technical Amendments
SEC. 4321. AMENDMENTS RELATED TO FEDERAL ACQUISITION
STREAMLINING ACT OF 1994.
(a) Public Law 103-355.--Effective as of October 13, 1994,
and as if included therein as enacted, the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355; 108
Stat. 3243 et seq.) is amended as follows:
(1) Section 1073 (108 Stat. 3271) is amended by striking
out ``section 303I'' and inserting in lieu thereof ``section
303K''.
(2) Section 1202(a) (108 Stat. 3274) is amended by striking
out the closing quotation marks and second period at the end
of paragraph (2)(B) of the subsection inserted by the
amendment made by that section.
(3) Section 1251(b) (108 Stat. 3284) is amended by striking
out ``Office of Federal Procurement Policy Act'' and
inserting in lieu thereof ``Federal Property and
Administrative Services Act of 1949''.
(4) Section 2051(e) (108 Stat. 3304) is amended by striking
out the closing quotation marks and second period at the end
of subsection (f)(3) in the matter inserted by the amendment
made by that section.
(5) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) is amended
by replacing ``regulation'' with ``regulations'' in the first
quoted matter.
(6) Section 2351(a) (108 Stat. 3322) is amended by
inserting ``(1)'' before ``Section 6''.
(7) The heading of section 2352(b) (108 Stat. 3322) is
amended by striking out ``Procedures to Small Business
Government Contractors.--'' and inserting in lieu thereof
``Procedures.--''.
(8) Section 3022 (108 Stat. 3333) is amended by striking
out ``each place'' and all that follows through the end of
the section and inserting in lieu thereof ``in paragraph (1)
and `, rent,' after `sell' in paragraph (2).''.
(9) Section 5092(b) (108 Stat. 3362) is amended by
inserting ``of paragraph (2)'' after ``second sentence''.
(10) Section 6005(a) (108 Stat. 3364) is amended by
striking out the closing quotation marks and second period at
the end of subsection (e)(2) of the matter inserted by the
amendment made by that section.
(11) Section 10005(f)(4) (108 Stat. 3409) is amended in the
second matter in quotation marks by striking out `` `Sec. 5.
This Act'' and inserting in lieu thereof `` `Sec. 7. This
title''.
(b) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 2220(b) is amended by striking out ``the date
of the enactment of the Federal Acquisition Streamlining Act
of 1994'' and inserting in lieu thereof ``October 13, 1994''.
(2)(A) The section 2247 added by section 7202(a)(1) of
Public Law 103-355 (108 Stat. 3379) is redesignated as
section 2249.
(B) The item relating to that section in the table of
sections at the beginning of subchapter I of chapter 134 is
revised to conform to the redesignation made by subparagraph
(A).
(3) Section 2302(3)(K) is amended by adding a period at the
end.
(4) Section 2304(f)(2)(D) is amended by striking out ``the
Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly
referred to as the Wagner-O'Day Act,'' and inserting in lieu
thereof ``the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.),''.
(5) Section 2304(h) is amended by striking out paragraph
(1) and inserting in lieu thereof the following:
``(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.).''.
(6)(A) The section 2304a added by section 848(a)(1) of
Public Law 103-160 (107 Stat. 1724) is redesignated as
section 2304e.
(B) The item relating to that section in the table of
sections at the beginning of chapter 137 is revised to
conform to the redesignation made by subparagraph (A).
(7) Section 2306a is amended--
(A) in subsection (d)(2)(A)(ii), by inserting ``to'' after
``The information referred'';
(B) in subsection (e)(4)(B)(ii), by striking out the second
comma after ``parties''; and
(C) in subsection (i)(3), by inserting ``(41 U.S.C.
403(12))'' before the period at the end.
(8) Section 2323 is amended--
(A) in subsection (a)(1)(C), by inserting a closing
parenthesis after ``1135d-5(3))'' and after ``1059c(b)(1))'';
(B) in subsection (a)(3), by striking out ``(issued under''
and all that follows through ``421(c))'';
(C) in subsection (b), by inserting ``(1)'' after
``Amount.--''; and
(D) in subsection (i)(3), by adding at the end a
subparagraph (D) identical to the subparagraph (D) set forth
in the amendment made by section 811(e) of Public Law 103-160
(107 Stat. 1702).
(9) Section 2324 is amended--
(A) in subsection (e)(2)(C)--
(i) by striking out ``awarding the contract'' at the end of
the first sentence; and
(ii) by striking out ``title III'' and all that follows
through ``Act)'' and inserting in lieu thereof ``the Buy
American Act (41 U.S.C. 10b-1)''; and
(B) in subsection (h)(2), by inserting ``the head of the
agency or'' after ``in the case of any contract if''.
(10) Section 2350b is amended--
(A) in subsection (c)(1)--
(i) by striking out ``specifically--'' and inserting in
lieu thereof ``specifically prescribes--''; and
(ii) by striking out ``prescribe'' in each of subparagraphs
(A), (B), (C), and (D); and
(B) in subsection (d)(1), by striking out ``subcontract to
be'' and inserting in lieu thereof ``subcontract be''.
(11) Section 2372(i)(1) is amended by striking out
``section 2324(m)'' and inserting in lieu thereof ``section
2324(l)''.
(12) Section 2384(b) is amended--
(A) in paragraph (2)--
(i) by striking ``items, as'' and inserting in lieu thereof
``items (as''; and
(ii) by inserting a closing parenthesis after ``403(12))'';
and
[[Page 198]]
(B) in paragraph (3), by inserting a closing parenthesis
after ``403(11))''.
(13) Section 2400(a)(5) is amended by striking out ``the
preceding sentence'' and inserting in lieu thereof ``this
paragraph''.
(14) Section 2405 is amended--
(A) in paragraphs (1) and (2) of subsection (a), by
striking out ``the date of the enactment of the Federal
Acquisition Streamlining Act of 1994'' and inserting in lieu
thereof ``October 13, 1994''; and
(B) in subsection (c)(3)--
(i) by striking out ``the later of--'' and all that follows
through ``(B)''; and
(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and realigning
those subparagraphs accordingly.
(15) Section 2410d(b) is amended by striking out paragraph
(3).
(16) Section 2410g(d)(1) is amended by inserting before the
period at the end the following: ``(as defined in section
4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)))''.
(17) Section 2424(c) is amended--
(A) by inserting ``Exception.--'' after ``(c)''; and
(B) by striking out ``drink'' the first and third places it
appears in the second sentence and inserting in lieu thereof
``beverage''.
(18) Section 2431 is amended--
(A) in subsection (b)--
(i) by striking out ``Any report'' in the first sentence
and inserting in lieu thereof ``Any documents''; and
(ii) by striking out ``the report'' in paragraph (3) and
inserting in lieu thereof ``the documents''; and
(B) in subsection (c), by striking ``reporting'' and
inserting in lieu thereof ``documentation''.
(19) Section 2461(e)(1) is amended by striking out ``the
Act of June 25, 1938 (41 U.S.C. 47), popularly referred to as
the Wagner-O'Day Act'' and inserting in lieu thereof ``the
Javits-Wagner-O'Day Act (41 U.S.C. 47)''.
(20) Section 2533(a) is amended by striking out ``title III
of the Act'' and all that follows through ``such Act'' and
inserting in lieu thereof ``the Buy American Act (41 U.S.C.
10a)) whether application of such Act''.
(21) Section 2662(b) is amended by striking out ``small
purchase threshold'' and inserting in lieu thereof
``simplified acquisition threshold''.
(22) Section 2701(i)(1) is amended--
(A) by striking out ``Act of August 24, 1935 (40 U.S.C.
270a-270d), commonly referred to as the `Miller Act','' and
inserting in lieu thereof ``Miller Act (40 U.S.C. 270a et
seq.)''; and
(B) by striking out ``such Act of August 24, 1935'' and
inserting in lieu thereof ``the Miller Act''.
(c) Small Business Act.--The Small Business Act (15 U.S.C.
632 et seq.) is amended as follows:
(1) Section 8(d) (15 U.S.C. 637(d)) is amended--
(A) in paragraph (1), by striking out the second comma
after ``small business concerns'' the first place it appears;
and
(B) in paragraph (6)(C), by striking out ``and small
business concerns owned and controlled by the socially and
economically disadvantaged individuals'' and inserting in
lieu thereof ``, small business concerns owned and controlled
by socially and economically disadvantaged individuals, and
small business concerns owned and controlled by women''.
(2) Section 8(f) (15 U.S.C. 637(f)) is amended by inserting
``and'' after the semicolon at the end of paragraph (5).
(3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is amended by
striking out the second comma after the first appearance of
``small business concerns''.
(d) Title 31, United States Code.--Title 31, United States
Code, is amended as follows:
(1) Section 3551 is amended--
(A) by striking out ``subchapter--'' and inserting in lieu
thereof ``subchapter:''; and
(B) in paragraph (2), by striking out ``or proposed
contract'' and inserting in lieu thereof ``or a solicitation
or other request for offers''.
(2) Section 3553(b)(3) is amended by striking out
``3554(a)(3)'' and inserting in lieu thereof ``3554(a)(4)''.
(3) Section 3554(b)(2) is amended by striking out ``section
3553(d)(2)(A)(i)'' and inserting in lieu thereof ``section
3553(d)(3)(C)(i)(I)''.
(e) Federal Property and Administrative Services Act of
1949.--The Federal Property and Administrative Services Act
of 1949 is amended as follows:
(1) The table of contents in section 1 (40 U.S.C. 471
prec.) is amended--
(A) by striking out the item relating to section 104;
(B) by striking out the item relating to section 201 and
inserting in lieu thereof the following:
``Sec. 201. Procurements, warehousing, and related activities.'';
(C) by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Merit-based award of grants for research and
development.'';
(D) by striking out the item relating to section 603 and
inserting in lieu thereof the following:
``Sec. 603. Authorizations for appropriations and transfer
authority.'';
and
(E) by inserting after the item relating to section 605 the
following new item:
``Sec. 606. Sex discrimination.''.
(2) Section 303(f)(2)(D) (41 U.S.C. 253(f)(2)(D)) is
amended by striking out ``the Act of June 25, 1938 (41 U.S.C.
46 et seq.), popularly referred to as the Wagner-O'Day Act,''
and inserting in lieu thereof ``the Javits-Wagner-O'Day Act
(41 U.S.C. 46 et seq.),''.
(3) The heading for paragraph (1) of section 304A(c) (41
U.S.C. 254b(c)) is amended by changing each letter that is
capitalized (other than the first letter of the first word)
to lower case.
(4) Subsection (d)(2)(A)(ii) of section 304A (41 U.S.C.
254b) is amended by inserting ``to'' after ``The information
referred''.
(5) Section 304C(a)(2) is amended by striking out ``section
304B'' and inserting in lieu thereof ``section 304A''.
(6) Section 307(b) is amended by striking out ``section
305(c)'' and inserting in lieu thereof ``section 305(d)''.
(7) The heading for section 314A (41 U.S.C. 264a) is
amended to read as follows:
``SEC. 314A. DEFINITIONS RELATING TO PROCUREMENT OF
COMMERCIAL ITEMS.''.
(8) Section 315(b) (41 U.S.C. 265(b)) is amended by
striking out ``inspector general'' both places it appears and
inserting in lieu thereof ``Inspector General''.
(9) The heading for section 316 (41 U.S.C. 266) is amended
by inserting at the end a period.
(f) Walsh-Healey Act.--
(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.) is
amended--
(A) by transferring the second section 11 (as added by
section 7201(4) of Public Law 103-355) so as to appear after
section 10; and
(B) by redesignating the three sections following such
section 11 (as so transferred) as sections 12, 13, and 14.
(2) Such Act is further amended in section 10--
(A) in subsection (b), by striking out ``section 1(b)'' and
inserting in lieu thereof ``section 1(a)''; and
(B) in subsection (c), by striking out the comma after ``
`locality' ''.
(g) Anti-Kickback Act of 1986.--Section 7(d) of the Anti-
Kickback Act of 1986 (41 U.S.C. 57(d)) is amended--
(1) by striking out ``such Act'' and inserting in lieu
thereof ``the Office of Federal Procurement Policy Act''; and
(2) by striking out the second period at the end.
(h) Office of Federal Procurement Policy Act.--The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended as follows:
(1) Section 6 (41 U.S.C. 405) is amended by transferring
paragraph (12) of subsection (d) (as such paragraph was
redesignated by section 5091(2) of the Federal Acquisition
Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3361)) to
the end of that subsection.
(2) Section 6(11) (41 U.S.C. 405(11)) is amended by
striking out ``small business'' and inserting in lieu thereof
``small businesses''.
(3) Section 18(b) (41 U.S.C. 416(b)) is amended by
inserting ``and'' after the semicolon at the end of paragraph
(5).
(4) Section 26(f)(3) (41 U.S.C. 422(f)(3)) is amended in
the first sentence by striking out ``Not later than 180 days
after the date of enactment of this section, the
Administrator'' and inserting in lieu thereof ``The
Administrator''.
(i) Other Laws.--
(1) The National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160) is amended as follows:
(A) Section 126(c) (107 Stat. 1567) is amended by striking
out ``section 2401 of title 10, United States Code, or
section 9081 of the Department of Defense Appropriations Act,
1990 (10 U.S.C. 2401 note).'' and inserting in lieu thereof
``section 2401 or 2401a of title 10, United States Code.''.
(B) Section 127 (107 Stat. 1568) is amended--
(i) in subsection (a), by striking out ``section 2401 of
title 10, United States Code, or section 9081 of the
Department of Defense Appropriations Act, 1990 (10 U.S.C.
2401 note).'' and inserting in lieu thereof ``section 2401 or
2401a of title 10, United States Code.''; and
(ii) in subsection (e), by striking out ``section 9081 of
the Department of Defense Appropriations Act, 1990 (10 U.S.C.
2401 note).'' and inserting in lieu thereof ``section 2401a
of title 10, United States Code.''.
(2) The National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189) is amended by striking out
section 824.
(3) Section 117 of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 10 U.S.C. 2431 note) is
amended by striking out subsection (c).
(4) The National Defense Authorization Act for Fiscal Years
1988 and 1989 (Public Law 100-180) is amended by striking out
section 825 (10 U.S.C. 2432 note).
(5) Section 11 of Public Law 101-552 (5 U.S.C. 581 note) is
amended by inserting ``under'' before ``the amendments made
by this Act''.
(6) The last sentence of section 6 of the Federal Power Act
(16 U.S.C. 799) is repealed.
(7) Section 101(a)(11)(A) of the Rehabilitation Act of 1973
(29 U.S.C. 721(a)(11)(A)) is amended by striking out ``the
Act entitled `An Act to create a Committee on Purchases of
Blind-made Products, and for other purposes', approved June
25, 1938 (commonly known as the Wagner-O'Day Act; 41 U.S.C.
46 et seq.)'' and inserting in lieu thereof ``the
[[Page 199]]
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)''.
(8) The first section 5 of the Miller Act (40 U.S.C. 270a
note) is redesignated as section 7 and, as so redesignated,
is transferred to the end of that Act.
(9) Section 3737(g) of the Revised Statutes of the United
States (41 U.S.C. 15(g)) is amended by striking out ``rights
of obligations'' and inserting in lieu thereof ``rights or
obligations''.
(10) The Act of June 15, 1940 (41 U.S.C. 20a; Chapter 367;
54 Stat. 398), is repealed.
(11) The Act of November 28, 1943 (41 U.S.C. 20b; Chapter
328; 57 Stat. 592), is repealed.
(12) Section 3741 of the Revised Statutes of the United
States (41 U.S.C. 22), as amended by section 6004 of Public
Law 103-355 (108 Stat. 3364), is amended by striking out ``No
member'' and inserting in lieu thereof ``Sec. 3741. No
Member''.
(13) Section 5152(a)(1) of the Drug-Free Workplace Act of
1988 (41 U.S.C. 701(a)(1)) is amended by striking out ``as
defined in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)'' and inserting in lieu thereof
``(as defined in section 4(12) of such Act (41 U.S.C.
403(12)))''.
SEC. 4322. MISCELLANEOUS AMENDMENTS TO FEDERAL ACQUISITION
LAWS.
(a) Office of Federal Procurement Policy Act.--The Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended as follows:
(1) Section 6(b) (41 U.S.C. 405(b)) is amended by striking
out the second comma after ``under subsection (a)'' in the
first sentence.
(2) Section 25(b)(2) (41 U.S.C. 421(b)(2)) is amended by
striking out ``Under Secretary of Defense for Acquisition''
and inserting in lieu thereof ``Under Secretary of Defense
for Acquisition and Technology''.
(b) Other Laws.--
(1) Section 11(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking out the second comma
after ``Community Service''.
(2) Section 908(e) of the Defense Acquisition Improvement
Act of 1986 (10 U.S.C. 2326 note) is amended by striking out
``section 2325(g)'' and inserting in lieu thereof ``section
2326(g)''.
(3) Effective as of August 9, 1989, and as if included
therein as enacted, Public Law 101-73 is amended in section
501(b)(1)(A) (103 Stat. 393) by striking out ``be,'' and
inserting in lieu thereof ``be;'' in the second quoted matter
therein.
(4) Section 3732(a) of the Revised Statutes of the United
States (41 U.S.C. 11(a)) is amended by striking out the
second comma after ``quarters''.
(5) Section 2 of the Contract Disputes Act of 1978 (41
U.S.C. 601) is amended in paragraphs (3), (5), (6), and (7),
by striking out ``The'' and inserting in lieu thereof
``the''.
(6) Section 6 of the Contract Disputes Act of 1978 (41
U.S.C. 605) is amended in subsections (d) and (e) by
inserting after ``United States Code'' each place it appears
the following: ``(as in effect on September 30, 1995)''.
(7) Section 13 of the Contract Disputes Act of 1978 (41
U.S.C. 612) is amended--
(A) in subsection (a), by striking out ``section 1302 of
the Act of July 27, 1956, (70 Stat. 694, as amended; 31
U.S.C. 724a)'' and inserting in lieu thereof ``section 1304
of title 31, United States Code''; and
(B) in subsection (c), by striking out ``section 1302 of
the Act of July 27, 1956, (70 Stat. 694, as amended; 31
U.S.C. 724a)'' and inserting in lieu thereof ``section 1304
of title 31, United States Code,''.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
SEC. 4401. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date.--Except as otherwise provided in this
division, this division and the amendments made by this
division shall take effect on the date of the enactment of
this Act.
(b) Applicability of Amendments.--
(1) Solicitations, unsolicited proposals, and related
contracts.--An amendment made by this division shall apply,
in the manner prescribed in the final regulations promulgated
pursuant to section 4402 to implement such amendment, with
respect to any solicitation that is issued, any unsolicited
proposal that is received, and any contract entered into
pursuant to such a solicitation or proposal, on or after the
date described in paragraph (3).
(2) Other matters.--An amendment made by this division
shall also apply, to the extent and in the manner prescribed
in the final regulations promulgated pursuant to section 4402
to implement such amendment, with respect to any matter
related to--
(A) a contract that is in effect on the date described in
paragraph (3);
(B) an offer under consideration on the date described in
paragraph (3); or
(C) any other proceeding or action that is ongoing on the
date described in paragraph (3).
(3) Demarcation date.--The date referred to in paragraphs
(1) and (2) is the date specified in such final regulations.
The date so specified shall be January 1, 1997, or any
earlier date that is not within 30 days after the date on
which such final regulations are published.
SEC. 4402. IMPLEMENTING REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Federal
Acquisition Regulation and such other proposed regulations
(or revisions to existing regulations) as may be necessary to
implement this Act shall be published in the Federal Register
not later than 210 days after the date of the enactment of
this Act.
(b) Public Comment.--The proposed regulations described in
subsection (a) shall be made available for public comment for
a period of not less than 60 days.
(c) Final Regulations.--Final regulations shall be
published in the Federal Register not later than 330 days
after the date of enactment of this Act.
(d) Modifications.--Final regulations promulgated pursuant
to this section to implement an amendment made by this Act
may provide for modification of an existing contract without
consideration upon the request of the contractor.
(e) Savings Provisions.--
(1) Validity of prior actions.--Nothing in this division
shall be construed to affect the validity of any action taken
or any contract entered into before the date specified in the
regulations pursuant to section 4401(b)(3) except to the
extent and in the manner prescribed in such regulations.
(2) Renegotiation and modification of preexisting
contracts.--Except as specifically provided in this division,
nothing in this division shall be construed to require the
renegotiation or modification of contracts in existence on
the date of the enactment of this Act.
(3) Continued applicability of preexisting law.--Except as
otherwise provided in this division, a law amended by this
division shall continue to be applied according to the
provisions thereof as such law was in effect on the day
before the date of the enactment of this Act until--
(A) the date specified in final regulations implementing
the amendment of that law (as promulgated pursuant to this
section); or
(B) if no such date is specified in regulations, January 1,
1997.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Information Technology
Management Reform Act of 1996''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
(3) Information technology.--(A) The term ``information
technology'', with respect to an executive agency means any
equipment or interconnected system or subsystem of equipment,
that is used in the automatic acquisition, storage,
manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or
information by the executive agency. For purposes of the
preceding sentence, equipment is used by an executive agency
if the equipment is used by the executive agency directly or
is used by a contractor under a contract with the executive
agency which (i) requires the use of such equipment, or (ii)
requires the use, to a significant extent, of such equipment
in the performance of a service or the furnishing of a
product.
(B) The term ``information technology'' includes computers,
ancillary equipment, software, firmware and similar
procedures, services (including support services), and
related resources.
(C) Notwithstanding subparagraphs (A) and (B), the term
``information technology'' does not include any equipment
that is acquired by a Federal contractor incidental to a
Federal contract.
(4) Information resources.--The term ``information
resources'' has the meaning given such term in section
3502(6) of title 44, United States Code.
(5) Information resources management.--The term
``information resources management'' has the meaning given
such term in section 3502(7) of title 44, United States Code.
(6) Information system.--The term ``information system''
has the meaning given such term in section 3502(8) of title
44, United States Code.
(7) Commercial item.--The term ``commercial item'' has the
meaning given that term in section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12)).
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
SEC. 5101. REPEAL OF CENTRAL AUTHORITY OF THE ADMINISTRATOR
OF GENERAL SERVICES.
Section 111 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759) is repealed.
Subtitle B--Director of the Office of Management and Budget
SEC. 5111. RESPONSIBILITY OF DIRECTOR.
In fulfilling the responsibility to administer the
functions assigned under chapter 35 of title 44, United
States Code, the Director shall comply with this title with
respect to the specific matters covered by this title.
SEC. 5112. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) Federal Information Technology.--The Director shall
perform the responsibilities set forth in this section in
fulfilling the responsibilities under section 3504(h) of
title 44, United States Code.
(b) Use of Information Technology in Federal Programs.--The
Director shall promote and be responsible for improving the
[[Page 200]]
acquisition, use, and disposal of information technology by
the Federal Government to improve the productivity,
efficiency, and effectiveness of Federal programs, including
through dissemination of public information and the reduction
of information collection burdens on the public.
(c) Use of Budget Process.--The Director shall develop, as
part of the budget process, a process for analyzing,
tracking, and evaluating the risks and results of all major
capital investments made by an executive agency for
information systems. The process shall cover the life of each
system and shall include explicit criteria for analyzing the
projected and actual costs, benefits, and risks associated
with the investments. At the same time that the President
submits the budget for a fiscal year to Congress under
section 1105(a) of title 31, United States Code, the Director
shall submit to Congress a report on the net program
performance benefits achieved as a result of major capital
investments made by executive agencies in information systems
and how the benefits relate to the accomplishment of the
goals of the executive agencies.
(d) Information Technology Standards.--The Director shall
oversee the development and implementation of standards and
guidelines pertaining to Federal computer systems by the
Secretary of Commerce through the National Institute of
Standards and Technology under section 5131 and section 20 of
the National Institute of Standards and Technology Act (15
U.S.C. 278g-3).
(e) Designation of Executive Agents for Acquisitions.--The
Director shall designate (as the Director considers
appropriate) one or more heads of executive agencies as
executive agent for Government-wide acquisitions of
information technology.
(f) Use of Best Practices in Acquisitions.--The Director
shall encourage the heads of the executive agencies to
develop and use the best practices in the acquisition of
information technology.
(g) Assessment of Other Models for Managing Information
Technology.--The Director shall assess, on a continuing
basis, the experiences of executive agencies, State and local
governments, international organizations, and the private
sector in managing information technology.
(h) Comparison of Agency Uses of Information Technology.--
The Director shall compare the performances of the executive
agencies in using information technology and shall
disseminate the comparisons to the heads of the executive
agencies.
(i) Training.--The Director shall monitor the development
and implementation of training in information resources
management for executive agency personnel.
(j) Informing Congress.--The Director shall keep Congress
fully informed on the extent to which the executive agencies
are improving the performance of agency programs and the
accomplishment of agency missions through the use of the best
practices in information resources management.
(k) Procurement Policy and Acquisitions of Information
Technology.--The Director shall coordinate the development
and review by the Administrator of the Office of Information
and Regulatory Affairs of policy associated with Federal
acquisition of information technology with the Office of
Federal Procurement Policy.
SEC. 5113. PERFORMANCE-BASED AND RESULTS-BASED MANAGEMENT.
(a) In General.--The Director shall encourage the use of
performance-based and results-based management in fulfilling
the responsibilities assigned under section 3504(h), of title
44, United States Code.
(b) Evaluation of Agency Programs and Investments.--
(1) Requirement.--The Director shall evaluate the
information resources management practices of the executive
agencies with respect to the performance and results of the
investments made by the executive agencies in information
technology.
(2) Direction for executive agency action.--The Director
shall issue to the head of each executive agency clear and
concise direction that the head of such agency shall--
(A) establish effective and efficient capital planning
processes for selecting, managing, and evaluating the results
of all of its major investments in information systems;
(B) determine, before making an investment in a new
information system--
(i) whether the function to be supported by the system
should be performed by the private sector and, if so, whether
any component of the executive agency performing that
function should be converted from a governmental organization
to a private sector organization; or
(ii) whether the function should be performed by the
executive agency and, if so, whether the function should be
performed by a private sector source under contract or by
executive agency personnel;
(C) analyze the missions of the executive agency and, based
on the analysis, revise the executive agency's mission-
related processes and administrative processes, as
appropriate, before making significant investments in
information technology to be used in support of those
missions; and
(D) ensure that the information security policies,
procedures, and practices are adequate.
(3) Guidance for multiagency investments.--The direction
issued under paragraph (2) shall include guidance for
undertaking efficiently and effectively interagency and
Government-wide investments in information technology to
improve the accomplishment of missions that are common to the
executive agencies.
(4) Periodic reviews.--The Director shall implement through
the budget process periodic reviews of selected information
resources management activities of the executive agencies in
order to ascertain the efficiency and effectiveness of
information technology in improving the performance of the
executive agency and the accomplishment of the missions of
the executive agency.
(5) Enforcement of accountability.--
(A) In general.--The Director may take any authorized
action that the Director considers appropriate, including an
action involving the budgetary process or appropriations
management process, to enforce accountability of the head of
an executive agency for information resources management and
for the investments made by the executive agency in
information technology.
(B) Specific actions.--Actions taken by the Director in the
case of an executive agency may include--
(i) recommending a reduction or an increase in any amount
for information resources that the head of the executive
agency proposes for the budget submitted to Congress under
section 1105(a) of title 31, United States Code;
(ii) reducing or otherwise adjusting apportionments and
reapportionments of appropriations for information resources;
(iii) using other authorized administrative controls over
appropriations to restrict the availability of funds for
information resources; and
(iv) designating for the executive agency an executive
agent to contract with private sector sources for the
performance of information resources management or the
acquisition of information technology.
Subtitle C--Executive Agencies
SEC. 5121. RESPONSIBILITIES.
In fulfilling the responsibilities assigned under chapter
35 of title 44, United States Code, the head of each
executive agency shall comply with this subtitle with respect
to the specific matters covered by this subtitle.
SEC. 5122. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) Design of Process.--In fulfilling the responsibilities
assigned under section 3506(h) of title 44, United States
Code, the head of each executive agency shall design and
implement in the executive agency a process for maximizing
the value and assessing and managing the risks of the
information technology acquisitions of the executive agency.
(b) Content of Process.--The process of an executive agency
shall--
(1) provide for the selection of information technology
investments to be made by the executive agency, the
management of such investments, and the evaluation of the
results of such investments;
(2) be integrated with the processes for making budget,
financial, and program management decisions within the
executive agency;
(3) include minimum criteria to be applied in considering
whether to undertake a particular investment in information
systems, including criteria related to the quantitatively
expressed projected net, risk-adjusted return on investment
and specific quantitative and qualitative criteria for
comparing and prioritizing alternative information systems
investment projects;
(4) provide for identifying information systems investments
that would result in shared benefits or costs for other
Federal agencies or State or local governments;
(5) provide for identifying for a proposed investment
quantifiable measurements for determining the net benefits
and risks of the investment; and
(6) provide the means for senior management personnel of
the executive agency to obtain timely information regarding
the progress of an investment in an information system,
including a system of milestones for measuring progress, on
an independently verifiable basis, in terms of cost,
capability of the system to meet specified requirements,
timeliness, and quality.
SEC. 5123. PERFORMANCE AND RESULTS-BASED MANAGEMENT.
In fulfilling the responsibilities under section 3506(h) of
title 44, United States Code, the head of an executive agency
shall--
(1) establish goals for improving the efficiency and
effectiveness of agency operations and, as appropriate, the
delivery of services to the public through the effective use
of information technology;
(2) prepare an annual report, to be included in the
executive agency's budget submission to Congress, on the
progress in achieving the goals;
(3) ensure that performance measurements are prescribed for
information technology used by or to be acquired for, the
executive agency and that the performance measurements
measure how well the information technology supports programs
of the executive agency;
(4) where comparable processes and organizations in the
public or private sectors exist, quantitatively benchmark
agency process performance against such processes in terms of
cost, speed, productivity, and quality of outputs and
outcomes;
(5) analyze the missions of the executive agency and, based
on the analysis, revise the executive agency's mission-
related processes and administrative processes as appropriate
before making significant investments in in
[[Page 201]]
formation technology that is to be used in support of the
performance of those missions; and
(6) ensure that the information security policies,
procedures, and practices of the executive agency are
adequate.
SEC. 5124. ACQUISITIONS OF INFORMATION TECHNOLOGY.
(a) In General.--The authority of the head of an executive
agency to conduct an acquisition of information technology
includes the following authorities:
(1) To acquire information technology as authorized by law.
(2) To enter into a contract that provides for multiagency
acquisitions of information technology in accordance with
guidance issued by the Director.
(3) If the Director finds that it would be advantageous for
the Federal Government to do so, to enter into a multiagency
contract for procurement of commercial items of information
technology that requires each executive agency covered by the
contract, when procuring such items, either to procure the
items under that contract or to justify an alternative
procurement of the items.
(b) FTS 2000 Program.--Notwithstanding any other provision
of this or any other law, the Administrator of General
Services shall continue to manage the FTS 2000 program, and
to coordinate the follow-on to that program, on behalf of and
with the advice of the heads of executive agencies.
SEC. 5125. AGENCY CHIEF INFORMATION OFFICER.
(a) Designation of Chief Information Officers.--Section
3506 of title 44, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking out ``senior
official'' and inserting in lieu thereof ``Chief Information
Officer'';
(B) in paragraph (2)(B)--
(i) by striking out ``senior officials'' in the first
sentence and inserting in lieu thereof ``Chief Information
Officers'';
(ii) by striking out ``official'' in the second sentence
and inserting in lieu thereof ``Chief Information Officer'';
and
(iii) by striking out ``officials'' in the second sentence
and inserting in lieu thereof ``Chief Information Officers'';
and
(C) in paragraphs (3) and (4), by striking out ``senior
official'' each place it appears and inserting in lieu
thereof ``Chief Information Officer''; and
(2) in subsection (c)(1), by striking out ``official'' in
the matter preceding subparagraph (A) and inserting in lieu
thereof ``Chief Information Officer''.
(b) General Responsibilities.--The Chief Information
Officer of an executive agency shall be responsible for--
(1) providing advice and other assistance to the head of
the executive agency and other senior management personnel of
the executive agency to ensure that information technology is
acquired and information resources are managed for the
executive agency in a manner that implements the policies and
procedures of this division, consistent with chapter 35 of
title 44, United States Code, and the priorities established
by the head of the executive agency;
(2) developing, maintaining, and facilitating the
implementation of a sound and integrated information
technology architecture for the executive agency; and
(3) promoting the effective and efficient design and
operation of all major information resources management
processes for the executive agency, including improvements to
work processes of the executive agency.
(c) Duties and Qualifications.--The Chief Information
Officer of an agency that is listed in section 901(b) of
title 31, United States Code, shall--
(1) have information resources management duties as that
official's primary duty;
(2) monitor the performance of information technology
programs of the agency, evaluate the performance of those
programs on the basis of the applicable performance
measurements, and advise the head of the agency regarding
whether to continue, modify, or terminate a program or
project; and
(3) annually, as part of the strategic planning and
performance evaluation process required (subject to section
1117 of title 31, United States Code) under section 306 of
title 5, United States Code, and sections 1105(a)(29), 1115,
1116, 1117, and 9703 of title 31, United States Code--
(A) assess the requirements established for agency
personnel regarding knowledge and skill in information
resources management and the adequacy of such requirements
for facilitating the achievement of the performance goals
established for information resources management;
(B) assess the extent to which the positions and personnel
at the executive level of the agency and the positions and
personnel at management level of the agency below the
executive level meet those requirements;
(C) in order to rectify any deficiency in meeting those
requirements, develop strategies and specific plans for
hiring, training, and professional development; and
(D) report to the head of the agency on the progress made
in improving information resources management capability.
(d) Information Technology Architecture Defined.--In this
section, the term ``information technology architecture'',
with respect to an executive agency, means an integrated
framework for evolving or maintaining existing information
technology and acquiring new information technology to
achieve the agency's strategic goals and information
resources management goals.
(e) Executive Level IV.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Chief Information Officer, Department of Agriculture.
``Chief Information Officer, Department of Commerce.
``Chief Information Officer, Department of Defense (unless
the official designated as the Chief Information Officer of
the Department of Defense is an official listed under section
5312, 5313, or 5314 of this title).
``Chief Information Officer, Department of Education.
``Chief Information Officer, Department of Energy.
``Chief Information Officer, Department of Health and Human
Services.
``Chief Information Officer, Department of Housing and
Urban Development.
``Chief Information Officer, Department of Interior.
``Chief Information Officer, Department of Justice.
``Chief Information Officer, Department of Labor.
``Chief Information Officer, Department of State.
``Chief Information Officer, Department of Transportation.
``Chief Information Officer, Department of Treasury.
``Chief Information Officer, Department of Veterans
Affairs.
``Chief Information Officer, Environmental Protection
Agency.
``Chief Information Officer, National Aeronautics and Space
Administration.
``Chief Information Officer, Agency for International
Development.
``Chief Information Officer, Federal Emergency Management
Agency.
``Chief Information Officer, General Services
Administration.
``Chief Information Officer, National Science Foundation.
``Chief Information Officer, Nuclear Regulatory Agency.
``Chief Information Officer, Office of Personnel
Management.
``Chief Information Officer, Small Business
Administration.''.
SEC. 5126. ACCOUNTABILITY.
The head of each executive agency, in consultation with the
Chief Information Officer and the Chief Financial Officer of
that executive agency (or, in the case of an executive agency
without a Chief Financial Officer, any comparable official),
shall establish policies and procedures that--
(1) ensure that the accounting, financial, and asset
management systems and other information systems of the
executive agency are designed, developed, maintained, and
used effectively to provide financial or program performance
data for financial statements of the executive agency;
(2) ensure that financial and related program performance
data are provided on a reliable, consistent, and timely basis
to executive agency financial management systems; and
(3) ensure that financial statements support--
(A) assessments and revisions of mission-related processes
and administrative processes of the executive agency; and
(B) performance measurement of the performance in the case
of investments made by the agency in information systems.
SEC. 5127. SIGNIFICANT DEVIATIONS.
The head of an executive agency shall identify in the
strategic information resources management plan required
under section 3506(b)(2) of title 44, United States Code, any
major information technology acquisition program, or any
phase or increment of such a program, that has significantly
deviated from the cost, performance, or schedule goals
established for the program.
SEC. 5128. INTERAGENCY SUPPORT.
Funds available for an executive agency for oversight,
acquisition, and procurement of information technology may be
used by the head of the executive agency to support jointly
with other executive agencies the activities of interagency
groups that are established to advise the Director in
carrying out the Director's responsibilities under this
title. The use of such funds for that purpose shall be
subject to such requirements and limitations on uses and
amounts as the Director may prescribe. The Director shall
prescribe any such requirements and limitations during the
Director's review of the executive agency's proposed budget
submitted to the Director by the head of the executive agency
for purposes of section 1105 of title 31, United States Code.
Subtitle D--Other Responsibilities
SEC. 5131. RESPONSIBILITIES REGARDING EFFICIENCY, SECURITY,
AND PRIVACY OF FEDERAL COMPUTER SYSTEMS.
(a) Standards and Guidelines.--
(1) Authority.--The Secretary of Commerce shall, on the
basis of standards and guidelines developed by the National
Institute of Standards and Technology pursuant to paragraphs
(2) and (3) of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)),
promulgate standards and guidelines pertaining to Federal
computer systems. The Secretary shall make such standards
compulsory and binding to the extent to which the Secretary
determines necessary to improve the efficiency of operation
or security and privacy of Federal computer systems. The
President may disapprove or modify such standards and
guidelines if the President determines such action to be in
the public interest. The
[[Page 202]]
President's authority to disapprove or modify such standards
and guidelines may not be delegated. Notice of such
disapproval or modification shall be published promptly in
the Federal Register. Upon receiving notice of such
disapproval or modification, the Secretary of Commerce shall
immediately rescind or modify such standards or guidelines as
directed by the President.
(2) Exercise of authority.--The authority conferred upon
the Secretary of Commerce by this section shall be exercised
subject to direction by the President and in coordination
with the Director to ensure fiscal and policy consistency.
(b) Application of More Stringent Standards.--The head of a
Federal agency may employ standards for the cost-effective
security and privacy of sensitive information in a Federal
computer system within or under the supervision of that
agency that are more stringent than the standards promulgated
by the Secretary of Commerce under this section, if such
standards contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Secretary of Commerce.
(c) Waiver of Standards.--The standards determined under
subsection (a) to be compulsory and binding may be waived by
the Secretary of Commerce in writing upon a determination
that compliance would adversely affect the accomplishment of
the mission of an operator of a Federal computer system, or
cause a major adverse financial impact on the operator which
is not offset by Government-wide savings. The Secretary may
delegate to the head of one or more Federal agencies
authority to waive such standards to the extent to which the
Secretary determines such action to be necessary and
desirable to allow for timely and effective implementation of
Federal computer system standards. The head of such agency
may redelegate such authority only to a Chief Information
Officer designated pursuant to section 3506 of title 44,
United States Code. Notice of each such waiver and delegation
shall be transmitted promptly to Congress and shall be
published promptly in the Federal Register.
(d) Definitions.--In this section, the terms ``Federal
computer system'' and ``operator of a Federal computer
system'' have the meanings given such terms in section 20(d)
of the National Institute of Standards and Technology Act (15
U.S.C. 278g-3(d)).
(e) Technical Amendments.--Chapter 35 of title 44, United
States Code, is amended--
(1) in section 3504(g)--
(A) in paragraph (2), by striking out ``the Computer
Security Act of 1987 (40 U.S.C. 759 note)'' and inserting in
lieu thereof ``sections 20 and 21 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3 and 278g-
4), section 5131 of the Information Technology Management
Reform Act of 1996, and sections 5 and 6 of the Computer
Security Act of 1987 (40 U.S.C. 759 note)''; and
(B) in paragraph (3), by striking out ``the Computer
Security Act of 1987 (40 U.S.C. 759 note)'' and inserting in
lieu thereof ``the standards and guidelines promulgated under
section 5131 of the Information Technology Management Reform
Act of 1996 and sections 5 and 6 of the Computer Security Act
of 1987 (40 U.S.C. 759 note)''; and
(2) in section 3518(d), by striking out ``Public Law 89-306
on the Administrator of the General Services Administration,
the Secretary of Commerce, or'' and inserting in lieu thereof
``section 5131 of the Information Technology Management
Reform Act of 1996 and the Computer Security Act of 1987 (40
U.S.C. 759 note) on the Secretary of Commerce or''.
SEC. 5132. SENSE OF CONGRESS.
It is the sense of Congress that, during the next five-year
period beginning with 1996, executive agencies should achieve
each year at least a 5 percent decrease in the cost (in
constant fiscal year 1996 dollars) that is incurred by the
agency for operating and maintaining information technology,
and each year a 5 percent increase in the efficiency of the
agency operations, by reason of improvements in information
resources management by the agency.
Subtitle E--National Security Systems
SEC. 5141. APPLICABILITY TO NATIONAL SECURITY SYSTEMS.
(a) In General.--Except as provided in subsection (b), this
title does not apply to national security systems.
(b) Exceptions.--
(1) In general.--Sections 5123, 5125, and 5126 apply to
national security systems.
(2) Capital planning and investment control.--The heads of
executive agencies shall apply sections 5112 and 5122 to
national security systems to the extent practicable.
(3) Performance and results of information technology
investments.--(A) Subject to subparagraph (B), the heads of
executive agencies shall apply section 5113 to national
security systems to the extent practicable.
(B) National security systems shall be subject to section
5113(b)(5) except for subparagraph (B)(iv) of that section.
SEC. 5142. NATIONAL SECURITY SYSTEM DEFINED.
(a) Definition.--In this subtitle, the term ``national
security system'' means any telecommunications or information
system operated by the United States Government, the
function, operation, or use of which--
(1) involves intelligence activities;
(2) involves cryptologic activities related to national
security;
(3) involves command and control of military forces;
(4) involves equipment that is an integral part of a weapon
or weapons system; or
(5) subject to subsection (b), is critical to the direct
fulfillment of military or intelligence missions.
(b) Limitation.--Subsection (a)(5) does not include a
system that is to be used for routine administrative and
business applications (including payroll, finance, logistics,
and personnel management applications).
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
SEC. 5201. PROCUREMENT PROCEDURES.
The Federal Acquisition Regulatory Council shall ensure
that, to the maximum extent practicable, the process for
acquisition of information technology is a simplified, clear,
and understandable process that specifically addresses the
management of risk, incremental acquisitions, and the need to
incorporate commercial information technology in a timely
manner.
SEC. 5202. INCREMENTAL ACQUISITION OF INFORMATION TECHNOLOGY.
(a) Policy.--The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.) is amended by adding at the end the
following new section:
``SEC. 35. MODULAR CONTRACTING FOR INFORMATION TECHNOLOGY.
``(a) In General.--The head of an executive agency should,
to the maximum extent practicable, use modular contracting
for an acquisition of a major system of information
technology.
``(b) Modular Contracting Described.--Under modular
contracting, an executive agency's need for a system is
satisfied in successive acquisitions of interoperable
increments. Each increment complies with common or
commercially accepted standards applicable to information
technology so that the increments are compatible with other
increments of information technology comprising the system.
``(c) Implementation.--The Federal Acquisition Regulation
shall provide that--
``(1) under the modular contracting process, an acquisition
of a major system of information technology may be divided
into several smaller acquisition increments that--
``(A) are easier to manage individually than would be one
comprehensive acquisition;
``(B) address complex information technology objectives
incrementally in order to enhance the likelihood of achieving
workable solutions for attainment of those objectives;
``(C) provide for delivery, implementation, and testing of
workable systems or solutions in discrete increments each of
which comprises a system or solution that is not dependent on
any subsequent increment in order to perform its principal
functions; and
``(D) provide an opportunity for subsequent increments of
the acquisition to take advantage of any evolution in
technology or needs that occur during conduct of the earlier
increments;
``(2) a contract for an increment of an information
technology acquisition should, to the maximum extent
practicable, be awarded within 180 days after the date on
which the solicitation is issued and, if the contract for
that increment cannot be awarded within such period, the
increment should be considered for cancellation; and
``(3) the information technology provided for in a contract
for acquisition of information technology should be delivered
within 18 months after the date on which the solicitation
resulting in award of the contract was issued.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 34 the following new item:
``Sec. 35. Modular contracting for information technology.''.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
SEC. 5301. AUTHORITY TO CONDUCT PILOT PROGRAMS.
(a) In General.--
(1) Purpose.--The Administrator for Federal Procurement
Policy (hereinafter referred to as the ``Administrator''), in
consultation with the Administrator for the Office of
Information and Regulatory Affairs, may conduct pilot
programs in order to test alternative approaches for
acquisition of information technology by executive agencies.
(2) Multiagency, multi-activity conduct of each program.--
Except as otherwise provided in this title, each pilot
program conducted under this title shall be carried out in
not more than two procuring activities in each of the
executive agencies that are designated by the Administrator
in accordance with this title to carry out the pilot program.
The head of each designated executive agency shall, with the
approval of the Administrator, select the procuring
activities of the executive agency that are to participate in
the test and shall designate a procurement testing official
who shall be responsible for the conduct and evaluation of
the pilot program within the executive agency.
(b) Limitations.--
(1) Number.--Not more than two pilot programs may be
conducted under the authority of this title, including one
pilot program each pursuant to the requirements of sections
5311 and 5312.
(2) Amount.--The total amount obligated for contracts
entered into under the pilot programs conducted under the
authority of this title may not exceed $750,000,000. The
Administrator shall monitor such contracts
[[Page 203]]
and ensure that contracts are not entered into in violation
of the limitation in the preceding sentence.
(c) Period of Programs.--
(1) In general.--Subject to paragraph (2), any pilot
program may be carried out under this title for the period,
not in excess of five years, that is determined by the
Administrator as being sufficient to establish reliable
results.
(2) Continuing validity of contracts.--A contract entered
into under the pilot program before the expiration of that
program shall remain in effect according to the terms of the
contract after the expiration of the program.
SEC. 5302. EVALUATION CRITERIA AND PLANS.
(a) Measurable Test Criteria.--The head of each executive
agency conducting a pilot program under section 5301 shall
establish, to the maximum extent practicable, measurable
criteria for evaluating the effects of the procedures or
techniques to be tested under the program.
(b) Test Plan.--Before a pilot program may be conducted
under section 5301, the Administrator shall submit to
Congress a detailed test plan for the program, including a
detailed description of the procedures to be used and a list
of any regulations that are to be waived.
SEC. 5303. REPORT.
(a) Requirement.--Not later than 180 days after the
completion of a pilot program under this title, the
Administrator shall--
(1) submit to the Director a report on the results and
findings under the program; and
(2) provide a copy of the report to Congress.
(b) Content.--The report shall include the following:
(1) A detailed description of the results of the program,
as measured by the criteria established for the program.
(2) A discussion of any legislation that the Administrator
recommends, or changes in regulations that the Administrator
considers necessary, in order to improve overall information
resources management within the Federal Government.
SEC. 5304. RECOMMENDED LEGISLATION.
If the Director determines that the results and findings
under a pilot program under this title indicate that
legislation is necessary or desirable in order to improve the
process for acquisition of information technology, the
Director shall transmit the Director's recommendations for
such legislation to Congress.
SEC. 5305. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as authorizing the
appropriation or obligation of funds for the pilot programs
authorized under this title.
Subtitle B--Specific Pilot Programs
SEC. 5311. SHARE-IN-SAVINGS PILOT PROGRAM.
(a) Requirement.--The Administrator may authorize the heads
of two executive agencies to carry out a pilot program to
test the feasibility of--
(1) contracting on a competitive basis with a private
sector source to provide the Federal Government with an
information technology solution for improving mission-related
or administrative processes of the Federal Government; and
(2) paying the private sector source an amount equal to a
portion of the savings derived by the Federal Government from
any improvements in mission-related processes and
administrative processes that result from implementation of
the solution.
(b) Limitations.--The head of an executive agency
authorized to carry out the pilot program may, under the
pilot program, carry out one project and enter into not more
than five contracts for the project.
(c) Selection of Projects.--The projects shall be selected
by the Administrator, in consultation with the Administrator
for the Office of Information and Regulatory Affairs.
SEC. 5312. SOLUTIONS-BASED CONTRACTING PILOT PROGRAM.
(a) In General.--The Administrator may authorize the heads
of any of the executive agencies, in accordance with
subsection (d)(2), to carry out a pilot program to test the
feasibility of using solutions-based contracting for
acquisition of information technology.
(b) Solutions-Based Contracting Described.--For purposes of
this section, solutions-based contracting is an acquisition
method under which the acquisition objectives are defined by
the Federal Government user of the technology to be acquired,
a streamlined contractor selection process is used, and
industry sources are allowed to provide solutions that attain
the objectives effectively.
(c) Process Requirements.--The Administrator shall require
use of a process with the following aspects for acquisitions
under the pilot program:
(1) Acquisition plan emphasizing desired result.--
Preparation of an acquisition plan that defines the
functional requirements of the intended users of the
information technology to be acquired, identifies the
operational improvements to be achieved, and defines the
performance measurements to be applied in determining whether
the information technology acquired satisfies the defined
requirements and attains the identified results.
(2) Results-oriented statement of work.--Use of a statement
of work that is limited to an expression of the end results
or performance capabilities desired under the acquisition
plan.
(3) Small acquisition organization.--Assembly of a small
acquisition organization consisting of the following:
(A) An acquisition management team, the members of which
are to be evaluated and rewarded under the pilot program for
contributions toward attainment of the desired results
identified in the acquisition plan.
(B) A small source selection team composed of
representatives of the specific mission or administrative
area to be supported by the information technology to be
acquired, together with a contracting officer and persons
with relevant expertise.
(4) Use of source selection factors emphasizing source
qualifications and costs.--Use of source selection factors
that emphasize--
(A) the qualifications of the offeror, including such
factors as personnel skills, previous experience in providing
other private or public sector organizations with solutions
for attaining objectives similar to the objectives of the
acquisition, past contract performance, qualifications of the
proposed program manager, and the proposed management plan;
and
(B) the costs likely to be associated with the conceptual
approach proposed by the offeror.
(5) Open communications with contractor community.--Open
availability of the following information to potential
offerors:
(A) The agency mission to be served by the acquisition.
(B) The functional process to be performed by use of
information technology.
(C) The process improvements to be attained.
(6) Simple solicitation.--Use of a simple solicitation that
sets forth only the functional work description, the source
selection factors to be used in accordance with paragraph
(4), the required terms and conditions, instructions
regarding submission of offers, and the estimate of the
Federal Government's budget for the desired work.
(7) Simple proposals.--Submission of oral presentations and
written proposals that are limited in size and scope and
contain information on--
(A) the offeror's qualifications to perform the desired
work;
(B) past contract performance;
(C) the proposed conceptual approach; and
(D) the costs likely to be associated with the proposed
conceptual approach.
(8) Simple evaluation.--Use of a simplified evaluation
process, to be completed within 45 days after receipt of
proposals, which consists of the following:
(A) Identification of the most qualified offerors that are
within the competitive range.
(B) Issuance of invitations for at least three and not more
than five of the identified offerors to make oral
presentations to, and engage in discussions with, the
evaluating personnel regarding, for each offeror--
(i) the qualifications of the offeror, including how the
qualifications of the offeror relate to the approach proposed
to be taken by the offeror in the acquisition; and
(ii) the costs likely to be associated with the approach.
(C) Evaluation of the qualifications of the identified
offerors and the costs likely to be associated with the
offerors' proposals on the basis of submissions required
under the process and any oral presentations made by, and any
discussions with, the offerors.
(9) Selection of most qualified offeror.--A selection
process consisting of the following:
(A) Identification of the most qualified source, and
ranking of alternative sources, primarily on the basis of the
oral proposals, presentations, and discussions, and written
proposals submitted in accordance with paragraph (7).
(B) Conduct for 30 to 60 days of a program definition phase
(funded, in the case of the source ultimately awarded the
contract, by the Federal Government)--
(i) during which the selected source, in consultation with
one or more intended users, develops a conceptual system
design and technical approach, defines logical phases for the
project, and estimates the total cost and the cost for each
phase; and
(ii) after which a contract for performance of the work may
be awarded to that source on the basis of cost, the
responsiveness, reasonableness, and quality of the proposed
performance, and a sharing of risk and benefits between the
source and the Government.
(C) Conduct of as many successive program definition phases
with alternative sources (in the order ranked) as is
necessary in order to award a contract in accordance with
subparagraph (B).
(10) System implementation phasing.--System implementation
to be executed in phases that are tailored to the solution,
with various contract arrangements being used, as
appropriate, for various phases and activities.
(11) Mutual authority to terminate.--Authority for the
Federal Government or the contractor to terminate the
contract without penalty at the end of any phase defined for
the project.
(12) Time management discipline.--Application of a standard
for awarding a contract within 105 to 120 days after issuance
of the solicitation.
(d) Pilot Program Design.--
(1) Joint public-private working group.--The Administrator,
in consultation with the Administrator for the Office of
Information and Regulatory Affairs, shall establish a joint
working group of Federal Government personnel and
representatives of the infor
[[Page 204]]
mation technology industry to design a plan for conduct of
any pilot program carried out under this section.
(2) Content of plan.--The plan shall provide for use of
solutions-based contracting in the Department of Defense and
not more than two other executive agencies for a total of--
(A) not more than 10 projects, each of which has an
estimated cost of between $25,000,000 and $100,000,000; and
(B) not more than 10 projects, each of which has an
estimated cost of between $1,000,000 and $5,000,000, to be
set aside for small business concerns.
(3) Complexity of projects.--(A) Subject to subparagraph
(C), each acquisition project under the pilot program shall
be sufficiently complex to provide for meaningful evaluation
of the use of solutions-based contracting for acquisition of
information technology for executive agencies.
(B) In order for an acquisition project to satisfy the
requirement in subparagraph (A), the solution for attainment
of the executive agency's objectives under the project should
not be obvious, but rather shall involve a need for some
innovative development and systems integration.
(C) An acquisition project should not be so extensive or
lengthy as to result in undue delay in the evaluation of the
use of solutions-based contracting.
(e) Monitoring by GAO.--The Comptroller General of the
United States shall--
(1) monitor the conduct, and review the results, of
acquisitions under the pilot program; and
(2) submit to Congress periodic reports containing the
views of the Comptroller General on the activities, results,
and findings under the pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
SEC. 5401. ON-LINE MULTIPLE AWARD SCHEDULE CONTRACTING.
(a) Automation of Multiple Award Schedule Contracting.--In
order to provide for the economic and efficient procurement
of information technology and other commercial items, the
Administrator of General Services shall provide through the
Federal Acquisition Computer Network (in this section
referred to as ``FACNET''), not later than January 1, 1998,
Government-wide on-line computer access to information on
products and services that are available for ordering under
the multiple award schedules. If the Administrator determines
it is not practicable to provide such access through FACNET,
the Administrator shall provide such access through another
automated system that has the capability to perform the
functions listed in subsection (b)(1) and meets the
requirement of subsection (b)(2).
(b) Additional FACNET Functions.--(1) In addition to the
functions specified in section 30(b) of the Office of Federal
Procurement Policy Act (41 U.S.C. 426(b)), the FACNET
architecture shall have the capability to perform the
following functions:
(A) Provide basic information on prices, features, and
performance of all products and services available for
ordering through the multiple award schedules.
(B) Provide for updating that information to reflect
changes in prices, features, and performance as soon as
information on the changes becomes available.
(C) Enable users to make on-line computer comparisons of
the prices, features, and performance of similar products and
services offered by various vendors.
(2) The FACNET architecture shall be used to place orders
under the multiple award schedules in a fiscal year for an
amount equal to at least 60 percent of the total amount spent
for all orders under the multiple award schedules in that
fiscal year.
(c) Streamlined Procedures.--
(1) Pilot program.--Upon certification by the Administrator
of General Services that the FACNET architecture meets the
requirements of subsection (b)(1) and was used as required by
subsection (b)(2) in the fiscal year preceding the fiscal
year in which the certification is made, the Administrator
for Federal Procurement Policy may establish a pilot program
to test streamlined procedures for the procurement of
information technology products and services available for
ordering through the multiple award schedules.
(2) Applicability to multiple award schedule contracts.--
Except as provided in paragraph (4), the pilot program shall
be applicable to all multiple award schedule contracts for
the purchase of information technology and shall test the
following procedures:
(A) A procedure under which negotiation of the terms and
conditions for a covered multiple award schedule contract is
limited to terms and conditions other than price.
(B) A procedure under which the vendor establishes the
prices under a covered multiple award schedule contract and
may adjust those prices at any time in the discretion of the
vendor.
(C) A procedure under which a covered multiple award
schedule contract is awarded to any responsible offeror
that--
(i) has a suitable record of past performance, which may
include past performance on multiple award schedule
contracts;
(ii) agrees to terms and conditions that the Administrator
determines as being required by law or as being appropriate
for the purchase of commercial items; and
(iii) agrees to establish and update prices, features, and
performance and to accept orders electronically through the
automated system established pursuant to subsection (a).
(3) Comptroller general review and report.--(A) Not later
than three years after the date on which the pilot program is
established, the Comptroller General of the United States
shall review the pilot program and report to the Congress on
the results of the pilot program.
(B) The report shall include the following:
(i) An evaluation of the extent to which there is
competition for the orders placed under the pilot program.
(ii) The effect that the streamlined procedures under the
pilot program have on prices charged under multiple award
schedule contracts.
(iii) The effect that such procedures have on paperwork
requirements for multiple award schedule contracts and
orders.
(iv) The impact of the pilot program on small businesses
and socially and economically disadvantaged small businesses.
(4) Withdrawal of schedule or portion of schedule from
pilot program.--The Administrator may withdraw a multiple
award schedule or portion of a schedule from the pilot
program if the Administrator determines that (A) price
competition is not available under such schedule or portion
thereof, or (B) the cost to the Government for that schedule
or portion thereof for the previous year was higher than it
would have been if the contracts for such schedule or portion
thereof had been awarded using procedures that would apply if
the pilot program were not in effect. The Administrator shall
notify Congress at least 30 days before the date on which the
Administrator withdraws a schedule or portion thereof under
this paragraph. The authority under this paragraph may not be
delegated.
(5) Termination of pilot program.--Unless reauthorized by
law, the authority of the Administrator to award contracts
under the pilot program shall expire four years after the
date on which the pilot program is established. Contracts
entered into before the authority expires shall remain in
effect in accordance with their terms notwithstanding the
expiration of the authority to award new contracts under the
pilot program.
(d) Definition.--In this section, the term ``FACNET'' means
the Federal Acquisition Computer Network established under
section 30 of the Office of Federal Procurement Policy Act
(41 U.S.C. 426).
SEC. 5402. IDENTIFICATION OF EXCESS AND SURPLUS COMPUTER
EQUIPMENT.
Not later than six months after the date of the enactment
of this Act, the head of an executive agency shall inventory
all computer equipment under the control of that official.
After completion of the inventory, the head of the executive
agency shall maintain, in accordance with title II of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.), an inventory of any such equipment that
is excess or surplus property.
SEC. 5403. ACCESS OF CERTAIN INFORMATION IN INFORMATION
SYSTEMS TO THE DIRECTORY ESTABLISHED UNDER
SECTION 4101 OF TITLE 44, UNITED STATES CODE.
Notwithstanding any other provision of this division, if in
designing an information technology system pursuant to this
division, the head of an executive agency determines that a
purpose of the system is to disseminate information to the
public, then the head of such executive agency shall
reasonably ensure that an index of information disseminated
by such system is included in the directory created pursuant
to section 4101 of title 44, United States Code. Nothing in
this section authorizes the dissemination of information to
the public unless otherwise authorized.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
SEC. 5501. PERIOD FOR PROCESSING PROTESTS.
Title 31, United States Code, is amended as follows:
(1) Section 3553(b)(2)(A) is amended by striking out ``35''
and inserting in lieu thereof ``30''.
(2) Section 3554 is amended--
(A) in subsection (a)(1), by striking out ``125'' and
inserting in lieu thereof ``100''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking out ``Government
Operations'' and inserting in lieu thereof ``Government
Reform and Oversight''; and
(ii) in paragraph (2), by striking out ``125'' and
inserting in lieu thereof ``100''.
SEC. 5502. AVAILABILITY OF FUNDS FOLLOWING GAO RESOLUTION OF
CHALLENGE TO CONTRACTING ACTION.
(a) In General.--Section 1558 of title 31, United States
Code, is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``or other action referred to in
subsection (b)'' after ``protest'' the first place it
appears;
(B) by striking out ``90 working days'' and inserting in
lieu thereof ``100 days''; and
(C) by inserting ``or other action'' after ``protest'' the
second place it appears; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Subsection (a) applies with respect to--
``(1) any protest filed under subchapter V of chapter 35 of
this title; or
``(2) an action commenced under administrative procedures
or for a judicial remedy if--
``(A) the action involves a challenge to--
``(i) a solicitation for a contract;
``(ii) a proposed award of a contract;
[[Page 205]]
``(iii) an award of a contract; or
``(iv) the eligibility of an offeror or potential offeror
for a contract or of the contractor awarded the contract; and
``(B) commencement of the action delays or prevents an
executive agency from making an award of a contract or
proceeding with a procurement.''.
(b) Conforming Amendment.--The heading of such section is
amended to read as follows:
``Sec. 1558. Availability of funds following resolution of a
formal protest or other challenge''.
(c) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 15 of
title 31, United States Code, is amended to read as follows:
``1558. Availability of funds following resolution of a formal protest
or other challenge.''.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
SEC. 5601. AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Protest File.--Section 2305(e) is amended by striking
out paragraph (3).
(b) Multiyear Contracts.--Section 2306b of such title is
amended--
(1) by striking out subsection (k); and
(2) by redesignating subsection (l) as subsection (k).
(c) Law Inapplicable to Procurement of Information
Technology.--Section 2315 of title 10, United States Code, is
amended by striking out ``Section 111'' and all that follows
through ``use of equipment or services if,'' and inserting in
lieu thereof the following: ``For the purposes of the
Information Technology Management Reform Act of 1996, the
term `national security systems' means those
telecommunications and information systems operated by the
Department of Defense, the functions, operation or use of
which''.
SEC. 5602. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) References to Brooks Automatic Data Processing Act.--
Section 612 of title 28, United States Code, is amended--
(1) in subsection (f), by striking out ``section 111 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 759)'' and inserting in lieu thereof ``the provisions
of law, policies, and regulations applicable to executive
agencies under the Information Technology Management Reform
Act of 1996'';
(2) in subsection (g), by striking out ``sections 111 and
201 of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 481 and 759)'' and inserting in lieu
thereof ``section 201 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481)'';
(3) by striking out subsection (l); and
(4) by redesignating subsection (m) as subsection (l).
(b) References to Automatic Data Processing.--Section 612
of title 28, United States Code, is further amended--
(1) in the heading, by striking out the second word and
inserting in lieu thereof ``Information Technology'';
(2) in subsection (a), by striking out ``Judiciary
Automation Fund'' and inserting in lieu thereof ``Judiciary
Information Technology Fund''; and
(3) by striking out ``automatic data processing'' and
inserting in lieu thereof ``information technology'' each
place it appears in subsections (a), (b), (c)(2), (e), (f),
and (h)(1).
SEC. 5603. AMENDMENT TO TITLE 31, UNITED STATES CODE.
Section 3552 of title 31, United States Code, is amended by
striking out the second sentence.
SEC. 5604. AMENDMENTS TO TITLE 38, UNITED STATES CODE.
Section 310 of title 38, United States Code, is amended to
read as follows:
``Sec. 310. Chief Information Officer
``(a) The Chief Information Officer for the Department is
designated pursuant to section 3506(a)(2) of title 44.
``(b) The Chief Information Officer performs the duties
provided for chief information officers of executive agencies
under chapter 35 of title 44 and the Information Technology
Management Reform Act of 1996.''.
SEC. 5605. PROVISIONS OF TITLE 44, UNITED STATES CODE,
RELATING TO PAPERWORK REDUCTION.
(a) Definition.--Section 3502 of title 44, United States
Code, is amended by striking out paragraph (9) and inserting
in lieu thereof the following:
``(9) the term `information technology' has the meaning
given that term in section 5002 of the Information Technology
Management Reform Act of 1996 but does not include national
security systems as defined in section 5142 of that Act;''.
(b) Development of Standards and Guidelines by National
Institute of Standards and Technology.--Section 3504(h)(1)(B)
of such title is amended by striking out ``section 111(d) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 759(d))'' and inserting in lieu thereof ``section
5131 of the Information Technology Management Reform Act of
1996''.
(c) Compliance With Directives.--Section 3504(h)(2) of such
title is amended by striking out ``sections 110 and 111 of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 757 and 759)'' and inserting in lieu thereof ``the
Information Technology Management Reform Act of 1996 and
directives issued under section 110 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 757)''.
(d) Collection of Information.--Section 3507(j)(2) of such
title is amended by striking out ``90 days'' in the second
sentence and inserting in lieu thereof ``180 days''.
SEC. 5606. AMENDMENT TO TITLE 49, UNITED STATES CODE.
Section 40112(a) of title 49, United States Code, is
amended by striking out ``or a contract to purchase property
to which section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759)
applies''.
SEC. 5607. OTHER LAWS.
(a) National Institute of Standards and Technology Act.--
Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended--
(1) in subsection (a)--
(A) by striking out ``section 3502(2) of title 44'' each
place it appears in paragraphs (2) and (3)(A) and inserting
in lieu thereof ``section 3502(9) of title 44''; and
(B) in paragraph (4), by striking out ``section 111(d) of
the Federal Property and Administrative Services Act of
1949'' and inserting in lieu thereof ``section 5131 of the
Information Technology Management Reform Act of 1996'';
(2) in subsection (b)--
(A) by striking out paragraph (2);
(B) in paragraph (3), by striking out ``section 111(d) of
the Federal Property and Administrative Services Act of
1949'' and inserting in lieu thereof ``section 5131 of the
Information Technology Management Reform Act of 1996''; and
(C) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (2), (3), (4), and (5); and
(3) in subsection (d)--
(A) in paragraph (1)(B)(v), by striking out ``as defined''
and all that follows and inserting in lieu thereof a
semicolon; and
(B) in paragraph (2)--
(i) by striking out ``system'--'' and all that follows
through ``means'' in subparagraph (A) and inserting in lieu
thereof ``system' means''; and
(ii) by striking out ``; and'' at the end of subparagraph
(A) and all that follows through the end of subparagraph (B)
and inserting in lieu thereof a semicolon.
(b) Computer Security Act of 1987.--
(1) Purposes.--Section 2(b)(2) of the Computer Security Act
of 1987 (Public Law 100-235; 101 Stat. 1724) is amended by
striking out ``by amending section 111(d) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(d))''.
(2) Security plan.--Section 6(b) of such Act (101 Stat.
1729; 40 U.S.C. 759 note) is amended--
(A) by striking out ``Within one year after the date of
enactment of this Act, each such agency shall, consistent
with the standards, guidelines, policies, and regulations
prescribed pursuant to section 111(d) of the Federal Property
and Administrative Services Act of 1949,'' and inserting in
lieu thereof ``Each such agency shall, consistent with the
standards, guidelines, policies, and regulations prescribed
pursuant to section 5131 of the Information Technology
Management Reform Act of 1996,''; and
(B) by striking out ``Copies'' and all that follows through
``Code.''.
(c) Federal Property and Administrative Services Act of
1949.--Section 303B(h) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b(h)) is
amended by striking out paragraph (3).
(d) Office of Federal Procurement Policy Act.--Section
6(h)(1) of the Office of Federal Procurement Policy Act (41
U.S.C. 405(h)(1)) is amended by striking out ``of automatic
data processing and telecommunications equipment and services
or''.
(e) National Energy Conservation Policy Act.--Section
801(b)(3) of the National Energy Conservation Policy Act (42
U.S.C. 8287(b)(3)) is amended by striking out the second
sentence.
(f) Central Intelligence Agency Act of 1949.--Section 3 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c)
is amended by striking out subsection (e).
SEC. 5608. CLERICAL AMENDMENTS.
(a) Federal Property and Administrative Services Act of
1949.--The table of contents in section 1(b) of the Federal
Property and Administrative Services Act of 1949 is amended
by striking out the item relating to section 111.
(b) Title 38, United States Code.--The table of sections at
the beginning of chapter 3 of title 38, United States Code,
is amended by striking out the item relating to section 310
and inserting in lieu thereof the following:
``310. Chief Information Officer.''.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
SEC. 5701. EFFECTIVE DATE.
This division and the amendments made by this division
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 5702. SAVINGS PROVISIONS.
(a) Regulations, Instruments, Rights, and Privileges.--All
rules, regulations, contracts, orders, determinations,
permits, certificates, licenses, grants, and privileges--
(1) which have been issued, made, granted, or allowed to
become effective by the Administrator of General Services or
the General Services Board of Contract Appeals, or by a court
of competent jurisdiction, in connection with an acquisition
activity carried out under the section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759), and
[[Page 206]]
(2) which are in effect on the effective date of this
division,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the Director or any other authorized
official, by a court of competent jurisdiction, or by
operation of law.
(b) Proceedings.--
(1) Proceedings generally.--This division and the
amendments made by this division shall not affect any
proceeding, including any proceeding involving a claim,
application, or protest in connection with an acquisition
activity carried out under section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759) that is pending before the Administrator of General
Services or the General Services Board of Contract Appeals on
the effective date of this division.
(2) Orders.--Orders may be issued in any such proceeding,
appeals may be taken therefrom, and payments may be made
pursuant to such orders, as if this division had not been
enacted. An order issued in any such proceeding shall
continue in effect until modified, terminated, superseded, or
revoked in accordance with law by the Director or any other
authorized official, by a court of competent jurisdiction, or
by operation of law.
(3) Discontinuance or modification of proceedings not
prohibited.--Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this Act had not been enacted.
(4) Other authority and prohibition.--Section 1558(a) of
title 31, United States Code, and the second sentence of
section 3552 of such title shall continue to apply with
respect to a protest process in accordance with this
subsection.
(5) Regulations for transfer of proceedings.--The Director
may prescribe regulations providing for the orderly transfer
of proceedings continued under paragraph (1).
(c) Standards and Guidelines for Federal Computer
Systems.--Standards and guidelines that are in effect for
Federal computer systems under section 111(d) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
759(d)) on the day before the effective date of this division
shall remain in effect until modified, terminated,
superseded, revoked, or disapproved under the authority of
section 5131 of this Act.
SEC. 5703. RULES OF CONSTRUCTION.
(a) Relationship to Title 44, United States Code.--Nothing
in this division shall be construed to amend, modify, or
supersede any provision of title 44, United States Code,
other than chapter 35 of such title.
(b) Relationship to Computer Security Act of 1987.--Nothing
in this division shall affect the limitations on authority
that is provided for in the administration of the Computer
Security Act of 1987 (Public Law 100-235) and the amendments
made by such Act.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the House amendment, amend the title so as to
read: ``An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, to reform acquisition
laws and information technology management of the Federal
Government, and for other purposes.''.
And the House agree to the same.
Floyd Spence,
Bob Stump,
Duncan Hunter,
Herbert H. Bateman,
Curt Weldon,
G.V. Montgomery,
John M. Spratt, Jr.,
Managers on the Part of the House.
Strom Thurmond,
John Warner,
Bill Cohen,
Trent Lott,
Sam Nunn,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. INGLIS, announced that the yeas had it.
Mr. DELLUMS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
287
When there appeared
<3-line {>
Nays
129
para.6.6 [Roll No. 16]
YEAS--287
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Castle
Chambliss
Christensen
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Green
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lucas
Manton
Manzullo
Martinez
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McIntosh
McKeon
McNulty
Meek
Metcalf
Meyers
Mica
Miller (FL)
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Neal
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Traficant
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (FL)
Zeliff
NAYS--129
Barrett (WI)
Bartlett
Becerra
Beilenson
Blute
Bonior
Borski
Brown (CA)
Brown (OH)
Camp
Cardin
Chabot
Chrysler
Clay
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
DeFazio
Dellums
Deutsch
Dingell
Dixon
Doggett
Doyle
Duncan
Durbin
Ehlers
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Filner
Flake
Foglietta
Frank (MA)
Franks (NJ)
Furse
Ganske
Gejdenson
Gibbons
Gordon
Gunderson
Gutierrez
Gutknecht
Hilliard
Hinchey
Hoekstra
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Martini
Matsui
McCarthy
McDermott
McInnis
McKinney
Meehan
Menendez
Mfume
Miller (CA)
Minge
Moakley
Morella
Nadler
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Rahall
Ramstad
Reed
Rivers
Roemer
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Torricelli
Upton
Velazquez
Vento
Watt (NC)
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--17
Berman
Boehlert
Bryant (TX)
Chapman
Chenoweth
Clement
Oxley
Rangel
Rose
Smith (MI)
Torkildsen
Towns
Ward
Waters
Waxman
Wyden
Young (AK)
[[Page 207]]
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.6.7 question of privileges
Mr. DOGGETT, pursuant to clause 2(a)(1) of rule IX, called up the
following resolution as a question of the privileges of the House:
Whereas the inability of the House to pass an adjustment in
the public debt limit unburdened by the unrelated political
agenda of either party, an adjustment to maintain the
creditworthiness of the United States and to avoid disruption
of interest rates and the financial markets, brings discredit
upon the House;
Whereas the inability of the House to pass a clean
resolution to continue normal governmental operations so as
to end the abuse of American citizens and their hard-earned
dollars, Federal employees, private businesses who perform
work for the Federal government, and those who rely upon
Federal services as a bargaining tactic to gain political
advantage in the budget negotiations, brings discredit upon
the House;
Whereas previous inaction of the House has already cost the
American taxpayer about $1.5 billion in wasteful government
shutdown costs, reduced the productivity and responsiveness
of Federal agencies and caused untold human suffering;
Whereas the failure of the House of Representatives to
adjust the Federal debt limit and keep the Nation from
default or to act on legislation to avert another Government
shutdown impairs the dignity of the House, the integrity of
its proceedings and the esteem the public holds for the
House: Now, therefore, be it
Resolved, That upon the adoption of this resolution the
enrolling clerk of the House of Representatives shall prepare
an engrossment of the bill, H.R. 2862, and the joint
resolution, H.J. Res. 157. The vote by which this resolution
is adopted by the House shall be deemed to have been a vote
in favor of such bill and a vote in favor of such joint
resolution upon final passage in the House of
Representatives. Upon engrossment of the bill and the joint
resolution, each shall be deemed to have passed the House of
Representatives and been duly certified and examined; the
engrossed copies shall be signed by the Clerk and transmitted
to the Senate for further legislative action; and (upon final
passage by both Houses) the bill and the joint resolution
shall be signed by the presiding officers of both Houses and
presented to the President for his signature (and otherwise
treated for all purposes) in the manner provided for bills
and joint resolutions generally.
Mr. DOGGETT was recognized and said:
``Mr. Speaker, this motion raises most directly a question of
privileges of the House. True, the particulars of this motion concern
the credit worthiness of the United States, something in which every
American has a stake, particularly those with a variable mortgage, a car
loan, a credit card balance, or whoever want to take out alone.
But, Mr. Speaker, what could more directly jeopardize the integrity of
our proceedings here in the House of Representatives than misconduct,
than tampering with the fiscal integrity of the United States?
``Those who say we can live with financial anarchy would imperil both
the dignity of this House and the hopes of millions of Americans for
economic dignity. Indicative of this threat to the integrity of the
House is the warning against a politically motivated default by six
former Treasury secretaries, both Republicans and Democrats, who have
expressed in their words their profound concern about the threat of
default.
``The very idea that Uncle Sam would tell anyone who holds a Treasury
bill or a Treasury bond, sorry, we do not want to pay, is not
revolutionary, it is simply lunacy. The full faith and credit of the
United States is not anything to be trifled with. If there are Members
of this body who are willing to mess up the credit rating of the United
States, let them mess up their own credit rating, not that of the
American people who they are sworn to serve.
``When the Secretary of Treasury, Mr. Rubin, assures us that default
is upon us, when he is compelled to undertake extraordinary measures to
defer temporarily that default and only faces in return the threat of
impeachment in this House, the dignity of this House is jeopardized.
When we hear a declaration that ``I do not care if we have no executive
offices and no bonds for 60 days, not this time,'' the financial
integrity of our country and the integrity and esteem with which the
public holds this House is severely jeopardized. I refer, of course, to
the words of the Speaker of the House, Newt Gingrich.
This motion and an ability to take up a clean resolution to adjust the
debt limit before we run into financial ruin later this month would do
something to undo the damage that has already occurred.''.
Mr. BENTSEN was recognized and said:
``Mr. Speaker, I join my colleague from Texas, Mr. Doggett, in
introducing this privileged resolution and in urging its approval so
that the U.S. Government can keep paying its bills and not default for
the first time in its history.
``Rule IX of the rules of the House, which governs questions of
privilege, states:
Questions of privilege shall be, first, those affecting the
rules of the House collectively, its safety, dignity, and the
integrity of its proceedings; and second, those affecting the
rights, reputation, and conduct of members, individually, in
their representative capacity only.
``We offer this privileged resolution because we can think of no issue
that reflects more on the dignity and integrity of this House and on the
reputation of every single Member than the creditworthiness of the
United States.
``There is no question in my mind that the dignity and the integrity
of this House and the reputation of every one of us would be irreparably
harmed if we allowed our Government to default. And it would be
especially irresponsible for this House to recess and leave town with
this threat of default hanging over our Government.
``The creditworthiness of the United States should not be a pawn in a
political game or a point of leverage to force huge cuts in Medicare,
Medicaid, and education to pay for a tax cut we can't afford. We must
pass a clean bill to increase the debt ceiling and allow the United
States to honor its obligations, and we can do that by voting for this
resolution today.
``Only the Congress can lift the debt limit and avoid default, and a
failure to act in a timely manner does threaten the integrity of this
body and the reputation of every one of us. If anyone doubts that,
simply consider the consequences of default.
``Government will come to a halt yet again. Interest rates will rise.
Credit will become more expensive. Our economy could very well slip into
a recession. And our Nation's unmatched reputation in world financial
markets would be tarnished forever.
``I hope there is no one in this body who doubts that if we allow
these calamities to happen that the integrity of this body will not be
damaged.
``I also hope there is no doubt that the reputation of every one of us
will be harmed as well. Our reputation will be harmed with every single
consumer we represent who has to pay more in higher interest rates for
home loans, car loans, student loans, and credit card purchases. Our
reputation will be harmed with every State and local government official
we represent because they will not be able to obtain financing for the
services they provide. And our reputation will be harmed with every
single taxpayer who will have to pay more for Government services.
``I would submit to the Chair that, under a careful reading of rule
IX, No. 1, ``questions of privilege,'' this resolution is a question of
privilege because it addresses a serious matter affecting the dignity
and integrity of this House and the reputation of every Member. In
addition, I would argue that the Chair should favorably review this
question of privilege because, at this time, there is no other plan for
this House to consider clean debt limit legislation before February 29,
1996, when Treasury Secretary Robert Rubin has told Congress that the
Federal Government will go into default. Yet, Congress may recess
without consideration of the vital legislation.
``So I would ask you, Mr. Speaker, to carefully read section IX of
the House rules. It states clearly that--
Questions of Privilege shall be, first, those affecting the
rights of the House collectively, its safety, its dignity,
and the integrity of its proceedings, and second, those
affecting the rights, reputation, and conduct of Members.
``This resolution seeks to protect the integrity of the House and the
reputation of its Members by preserving the creditworthiness of the
United States. This is the argument that my col
[[Page 208]]
league from Texas and I are making. This is truly a question of
privilege because the reputation of the House and its dignity would be
forever harmed if we fail to act and to honor our obligations.''.
Mr. EDWARDS was recognized and said:
``Mr. Speaker, I will be brief in my point. I think this resolution
does deal with the integrity of this House in a very significant way.
Unless I am mistaken, it was not too many years ago when colleagues on
the Republican side of the aisle of this House came to this floor and
argued that we should have privileged resolutions and measures to
consider the so-called House bank scandal, because a number of House
Members had purportedly bounced thousands of dollars of personal
checks.
``I would suggest to the Speaker and to our colleagues that if having
Members of this House bounce thousands of dollars in personal checks
goes directly to the integrity of this House, how in the world could we
not conclude that having the U.S. Government for the first time in two
centuries bounce billions of dollars of checks to people to whom we owe
money, and entities all across this world, an action that would
undermine the integrity of our creditworthiness and our reputation as a
nation, how can the personal bounced checks go directly to the
integrity of the House and not have our Nation's bouncing checks go to
the integrity of the House?
``I would argue, therefore, Mr. Speaker, that this resolution clearly
deals directly with the question of protecting the integrity and the
dignity of this House, and would suggest that to rule otherwise might
be inconsistent with the arguments we heard from our Republican
colleagues just a few years ago.''.
The SPEAKER pro tempore, Mr. COMBEST, ruled that the resolution
submitted did not present a question of the privileges of the House
under rule IX, and said:
``The resolution offered by the gentleman from Texas alleges that the
failure of the House to take specified legislative actions brings it
discredit, impairs its dignity and the integrity of its proceedings,
and lowers it in public esteem. On that premise it resolves that the
House be considered to have passed two legislative measures.
``Under rule IX, questions of the privileges of the House are those
`affecting the rights of the House collectively, its safety, its
dignity, [or] the integrity of its proceedings.' But a question of the
privileges of the House may not be invoked to effect a change in the
rules of the House or to prescribe a special order of business for the
House. This principle has been upheld on several occasions cited in
section 664 of the `House Rules and Manual,' including March 11, 1987;
August 3, 1988; and, in particular, June 27, 1974--where a resolution
directing the Committee on Rules to consider reporting a special order
was held not to present a question of privilege.
``The resolution offered by the gentleman from Texas--like those
offered on February 7 and December 22, 1995, and on January 3, 1996--is
also aptly addressed by the precedent of May 6, 1921. On that occasion
Speaker Gillett held that a resolution presenting a legislative
proposition as a question of constitutional privilege under the 14th
amendment did not qualify as a question of the privileges of the House.
The Chair will quote briefly from the 1921 ruling:
[W]here the Constitution orders the House to do a thing,
the Constitution still gives the House the right to make its
own rules and do it at such time and in such manner as it may
choose. And it is a strained construction * * * to say that
because the Constitution gives a mandate that a thing shall
be done, it therefore follows that any Member can insist that
it shall be brought up at some particular time and in the
particular way which he chooses. If there is a constitutional
mandate, the House ought by its rules to provide for the
proper enforcement of that, but it is still a question for
the House how and when and under what procedure it shall be
done * * *.
``Speaker Gillett's ruling is fully recorded in Cannon's Precedents,
at volume 6, section 48.
``Applying the precedent of 1921 and the others just cited, the Chair
holds that the resolution offered by the gentleman from Texas does not
affect `the rights of the House collectively, its safety, dignity, [or]
the integrity of its proceedings' within the meaning of clause 1 of rule
IX. Rather, it proposes to effect a special order of business for the
House--deeming it to have passed two legislative measures--as an
antidote for the alleged discredit of previous inaction thereon. The
resolution does not constitute a question of privilege under rule IX.
``To rule that a question of the privileges of the House under rule IX
may be raised by allegations of perceived discredit brought upon the
House by legislative action or inaction, would permit any Member to
allege an impact on the dignity of the House based upon virtually any
legislative action or inaction.''.
para.6.8 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. COMBEST, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, January 23, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. COMBEST, announced that the yeas had it.
So the Journal was approved.
para.6.9 waiving requirement of clause 4(b) of rule xi
Mr. McINNIS, by direction of the Committee on Rules, reported (Rept.
No. 104-453) the resolution (H. Res. 342) waiving a requiremenmt of
clause 4(b) of Rule XI with respect to consideration of certain
resolutions reported from the Committee on Rule.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.6.10 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following day present to the President, for his
approval, bills of the House of the following titles:
On January 23:
H.R. 1606. An Act to designate the United States Post
Office building located at 24 Corliss Street, Providence,
Rhode Island, as the ``Harry Kizirian Post Office Building.''
H.R. 2061. An Act to designate the Federal building located
at 1550 Dewey Avenue, Baker City, Oregon, as the ``David J.
Wheeler Federal Building.''
para.6.11 leave of absence
By unanimous consent, leave of absence was granted to Ms. WATERS, for
today and balance of the week.
And then,
para.6.12 adjournment
On motion of Mr. WELDON of Pennsylvania, at 8 o'clock p.m., the House
adjourned.
para.6.13 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2100. A
bill to direct the Secretary of the Interior to make
technical corrections to maps relating to the coastal barrier
resources system, with an amendment (Rept. No. 104-452).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. McINNIS: Committee on Rules. House Resolution 342.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of certain resolutions reported
from the Committee on Rules (Rept. No. 104-453). Referred to
the House Calendar.
para.6.14 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DEAL of Georgia:
H.R. 2872. A bill to authorize substitution for drawback
purposes of certain types of fibers and yarns for use in the
manufacture of carpets and rugs; to the Committee on Ways and
Means.
By Mr. KENNEDY of Massachusetts:
H.R. 2873. A bill to amend title 10, United States Code, to
limit the collection and use by the Department of Defense of
individual genetic identifying information to the purpose of
identification of remains, other than when the consent of the
individual concerned is obtained; to the Committee on
National Security.
By Mr. FRANK of Massachusetts (for himself, Mr. Jacobs,
Mr. Luther, Mr. Barton of Texas, Mr. Green of Texas,
Ms. Furse, and Mr. Brown of Ohio:
H.R. 2874. A bill to require the Secretary of Defense to
take the necessary steps to nego
[[Page 209]]
tiate with the members of NATO to ensure that the European
members of NATO assume the costs of supporting U.S.
participation in the NATO Implementation Force [IFOR]; to the
Committee on International Relations, and in addition to the
Committee on National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KING:
H.R. 2875. A bill to amend the Internal Revenue Code of
1986 to establish and provide a checkoff for a breast and
prostate cancer research fund, and for other purposes; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. UNDERWOOD (for himself, Mr. Faleomavaega, Mr.
Frazer, Ms. Norton, Mr. Romero-Barcelo, Mrs. Mink of
Hawaii, Mr. Abercrombie, and Ms. Pelosi):
H.R. 2876. A bill to provide for a nonvoting delegate to
the House of Representatives to represent the Commonwealth of
the Northern Mariana Islands; to the Committee on Resources.
By Mr. McHALE:
H.R. 2877. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for the payment of tuition for
higher education and interest on student loans; to the
Committee on Ways and Means.
By Mr. HOKE:
H. Res. 341. Resolution amending the rules of the House of
Representatives to require that no object or activity for
which Federal money is provided shall be named for a living
individual who is or, within the last five Congresses, has
been a Member of Congress; to the Committee on Rules.
para.6.15 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
195. By the SPEAKER: Memorial of the General Assembly of
the State of California, relative to Americans captured or
missing during the Korean War; to the Committee on
International Relations.
196. Also, memorial of the Senate of the State of
Louisiana, relative to memorializing the Congress of the
United States to propose an amendment to the Constitution of
the United States to prohibit the Federal courts from
ordering any State or political subdivision thereof to levy
or increase taxes; to the Committee on the Judiciary.
197. Also, memorial of the House of Representatives of the
State of Maine, relative to memorializing the Congress of the
United States to repeal Federal laws and rules linking food
stamp eligibility with heating assistance; jointly, to the
Committees on Agriculture and Commerce.
198. Also, memorial of the General Assembly of the State of
California, relative to San Francisco Bay/Sacramento-San
Joaquin Delta Estuary; jointly, to the Committees on
Transportation and Infrastructure and Resources.
para.6.16 private bills and resolutions
Under clause 1 of rule XXII:
Mr. HOKE introduced a bill (H.R. 2878) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the
vessel Morgan; which was referred to the Committee on
Transportation and Infrastructure.
para.6.17 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 38: Mr. Lantos, Mr. Baker of Louisiana, Mr. Neal of
Massachusetts, Mr. Stenholm, Mr. Cooley, Mr. Weldon of
Pennsylvania, and Mr. Weller.
H.R. 138: Mr. Barton of Texas.
H.R. 143: Mr. Barton of Texas.
H.R. 218: Mr. Barcia of Michigan.
H.R. 359: Mrs. Waldholtz.
H.R. 761: Ms. Jackson-Lee.
H.R. 957: Mr. Mascara.
H.R. 1023: Mr. Cox and Mr. Pallone.
H.R. 1078: Mr. Moran.
H.R. 1496: Mr. Oberstar.
H.R. 1619: Mr. Hall of Ohio.
H.R. 1620: Mr. Barrett of Wisconsin and Mr. Smith of New
Jersey.
H.R. 1706: Mr. Barton of Texas.
H.R. 1711: Mr. Archer, Mr. Paxon, and Mr. Allard.
H.R. 1776: Mrs. Collins of Illinois, Mr. Bliley, Mr. Horn,
Mr. Kingston,Nadler, Ms. Furse, Mr. Chabot, and Mr. Scott.
H.R. 1889: Mr. Gutierrez.
H.R. 1933: Ms. McKinney, Mr. Sabo, Mr. Beilenson, and Mr.
Clyburn.
H.R. 1948: Ms. Jackson-Lee.
H.R. 2044: Mrs. Lowey.
H.R. 2065: Mr. Barrett of Wisconsin and Ms. Pelosi.
H.R. 2092: Mr. Inglis of South Carolina, Mr. McKeon, Mr.
Zimmer, Mr. Bishop, Mr. Traficant, and Mr. Gilchrest.
H.R. 2184: Mr. Ehlers, Mr. Lewis of Georgia, Mr. Sisisky,
Mr. Frank of Massachusetts, and Mr. Olver.
H.R. 2202: Mr. Cooley.
H.R. 2245: Mr. Thompson.
H.R. 2276: Mr. McCollum.
H.R. 2281: Mr. Dooley, Mr. McHale, Mr. Payne of New Jersey,
Mr. Hefner, and Mr. Wyden.
H.R. 2374: Mr. Barcia of Michigan.
H.R. 2429: Mr. Boehlert.
H.R. 2480: Mr. Solomon and Mr. Burr.
H.R. 2508: Mr. Fields of Texas.
H.R. 2540: Mr. Cox, Mr. Ney, and Mr. Camp.
H.R. 2566: Mr. Sanford.
H.R. 2579: Mr. LaTourette, Mr. Filner, Mr. Largent, Mr.
Durbin, Ms. Eshoo, Mr. Payne of Virginia, Mr. Spratt, Mr.
Borski, Mr. Hayes, Mr.Flanagan, Mr. Moran, Mr. Walsh, Mr.
Gillmor, Mr. LaHood, Mr. Quinn, Mr. Poshard, Mr. Emerson, Mr.
Sanford, and Mr. LaFalce.
H.R. 2598: Mr. Ballenger and Mrs. Seastrand.
H.R. 2607: Mr. Engel.
H.R. 2608: Mrs. Clayton and Mr. Johnston of Florida.
H.R. 2610: Mr. Minge.
H.R. 2625: Mr. Johnson of South Dakota.
H.R. 2639: Mr. Luther.
H.R. 2646: Mr. Ehlers.
H.R. 2654: Mr. Oberstar, Mr. Gejdenson, Mr. Matsui, Mr.
Frazer, Mr. Manton, Mr. Frost, Mr. Fattah, and Ms. Eshoo.
H.R. 2674: Mr. Gallegly.
H.R. 2682: Mr. Walsh, Mr. Ackerman, Mr. Towns, and Mr.
Forbes.
H.R. 2707: Mr. Parker.
H.R. 2740: Mr. DeLay.
H.R. 2748: Ms. Eshoo, Mr. Smith of New Jersey, Mr. Stark,
and Mr. Hastings of Florida.
H.R. 2779: Mr. Lipinski.
H.R. 2785: Mr. Gene Green of Texas, Mr. Minge, Mr.
Williams, Ms. DeLauro, Mr. Deutsch, and Mr. Gunderson.
H.R. 2789: Mr. Jacobs.
H.R. 2795: Ms. Ros-Lehtinen, Mr. Goss, Mr. Foley, and Mrs.
Meek of Florida.
H.R. 2823: Mr. Farr, Mr. Walsh, and Mr. Kasich.
H.R. 2867: Mr. Doolittle, Mr. Souder, Mrs. Seastrand, Mr.
Rohrabacher, Mr. Salmon, Mr. Baker of California, Mr.
Stockman, and Mr. Hastert.
H.J. Res. 121: Mr. Smith of Texas.
H. Con. Res. 51: Mr. Crane.
H. Con. Res. 63: Mr. Martini.
H. Res. 49: Mr. Mfume, Mr. Payne of New Jersey, and Mr.
Zimmer.
H. Res. 285: Mr. Waxman, Mrs. Lowey, Mr. Jacobs, and Mr.
Lewis of Georgia.
para.6.18 petitions, etc.
Under clause 1 of rule XXII.
52. The SPEAKER presented a petition of the city of
Inkster, MI, relative to requesting the Federal Government to
provide the city of Inkster all of the necessary financial
resources in order to meet its federally mandated obligations
under the current NPDES permits; which was referred to the
Committee on Transportation and Infrastructure.
para.6.19 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2072: Mr. Herger.
.
THURSDAY, JANUARY 25, 1996 (7)
para.7.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. TAYLOR
of North Carolina, who laid before the House the following
communication:
Washington, DC,
January 25, 1996.
I hereby designate the Honorable Charles H. Taylor to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.7.2 approval of the journal
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced he
had examined and approved the Journal of the proceedings of Wednesday,
January 24, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.7.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1970. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled
``Report to the Congress on the Runaway and Homeless Youth
Program of the Family and Youth Services Bureau for Fiscal
Years 1993 and 1994,'' pursuant to 42 U.S.C. 11822; to the
Committee on Economic and Educational Opportunities.
1971. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the fiscal year
1994 report on the extent and disposition of United States
contributions to international organizations, pursuant to 22
U.S.C. 2226(b)(1); to the Committee on International
Relations.
1972. A letter from the Acting Director, U.S. Arms Control
and Disarmament Agency, transmitting notification that the
following reports will be delayed due to the lack of
personnel to complete them: ``Report
[[Page 210]]
on Revitalization of ACDA''--due December 31, 1995, ``Annual
Report to Congress''--due January 31, 1996, and ``Public
Annual Report on World Military Expenditures and Arms
Transfers''--due December 31, 1995; to the Committee on
International Relations.
1973. A letter from the Assistant Comptroller General of
the United States, transmitting a report entitled ``Financial
Management: Implementation of the Cash Management Improvement
Act,'' pursuant to 31 U.S.C. 6503 note; to the Committee on
Government Reform and Oversight.
1974. A letter from the Chairman, Federal Communications
Commission, transmitting the annual report under the Federal
Managers' Financial integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1975. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting a report on progress
in correcting identified material weaknesses at NASA; to the
Committee on Government Reform and Oversight.
1976. A letter from the Director, Office of Management and
Budget, transmitting the annual report on its 1995 Federal
financial management status report and governmentwide 5-year
financial management plan, pursuant to Public Law 101-576,
section 301(a) (104 Stat. 2849); to the Committee on
Government Reform and Oversight.
1977. A letter from the Secretary of Education,
transmitting the 13th semiannual report to Congress on audit
follow-up, for the period of April 1, 1995, through September
30, 1995, pursuant to Public Law 100-504, section 106(b) (102
Stat. 2526); to the Committee on Government Reform and
Oversight.
1978. A letter from the Executive Director, State Justice
Institute, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
1979. A letter from the Director, U.S. Information Agency,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
1980. A letter from the Chief Executive Officer, Little
League Baseball, Inc., transmitting the organization's annual
report for the fiscal year ending September 30, 1995,
pursuant to 36 U.S.C. 1084(b); to the Committee on the
Judiciary .
para.7.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill of the following title, in
which the concurrence of the House is requested:
S. 1494. An Act to provide an extension for fiscal year
1996 for certain programs administered by the Secretary of
Housing and Urban Development and the Secretary of
Agriculture, and for other purposes.
para.7.5 waiving requirement of clause 4(b) of rule xi
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 342):
Resolved, That the requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to any resolution reported from that
committee before March 16, 1996, and providing for
consideration or disposition of any of the following
measures:
(1) A bill making general appropriations for the fiscal
year ending September 30, 1996, any amendment thereto, any
conference report thereon, or any amendment reported in
disagreement from a conference thereon.
(2) A bill or joint resolution that includes provisions
making further continuing appropriations for the fiscal year
1996, any amendment thereto, any conference report thereon,
or any amendment reported in disagreement from a conference
thereon.
(3) A bill or joint resolution that includes provisions
increasing or waiving (for a temporary period or otherwise)
the public debt limit under section 3101(b) of title 31,
United States Code, any amendment thereto, any conference
report thereon, or any amendment reported in disagreement
from a conference thereon.
When said resolution was considered.
After debate,
On motion of Mr. McINNIS, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced that
the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
229
When there appeared
<3-line {>
Nays
191
para.7.6 [Roll No. 17]
YEAS--229
Allard
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
Zimmer
NAYS--191
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--13
Archer
Chapman
Chenoweth
Jefferson
Klug
Lewis (GA)
McDade
[[Page 211]]
Serrano
Waldholtz
Waters
Waxman
Wyden
Young (AK)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.7.7 recess--3:27 p.m.
The SPEAKER pro tempore, Mr. HEFLEY, pursuant to clause 12 of rule I,
declared the House in recess at 3 o'clock and 27 minutes p.m., subject
to the call of the Chair.
para.7.8 after recess--5:19 p.m.
The SPEAKER pro tempore, Mr. HEFLEY, called the House to order.
para.7.9 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
para.7.10 order of business--consideration of h.r. 2880
On motion of Mr. LIVINGSTON, by unanimous consent,
Ordered, That the Committee on Appropriations be discharged from the
further consideration of the bill (H.R. 2880) making appropriations for
fiscal year 1996 to make a downpayment toward a balanced budget, and for
other purposes; and
Ordered further, That it be in order at any time to consider the bill
in the House; that the bill be debatable for not to exceed one hour, to
be equally divided and controlled by Mr. Livingston and Mr. Obey; that
all points of order against the bill and against its consideration be
waived; and that the previous question be considered as ordered on the
bill to final passage without intervening motion, except one motion to
recommit with or without instructions.
para.7.11 balanced budget downpayment--fy 1996 apppropriations
Mr. LIVINGSTON, pursuant to the special order heretofore agreed to,
called up the bill (H.R. 2880) making appropriations for fiscal year
1996 to make a downpayment toward a balanced budget, and for other
purposes.
When said bill was considered and read twice.
After debate,
The previous question having been ordered by said special order.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
Mr. BONIOR moved to recommit the bill to the Committee on
Appropriations with instructions to report the bill back to the House
forthwith with the following amendment:
At the end of Title I of the bill insert the following new
section:
``restoration for education programs
``Notwithstanding any other provision of this Act except
sections 106, 115, 119 and 120, projects and activities of
the Department of Education shall be continued at a rate of
operations at the current rate, and under the authority and
conditions provided in the applicable appropriations Act for
the fiscal year 1995. Provided, That section 111 of this
title shall not apply to this section notwithstanding any
other provisions of this Act.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.
Mr. BONIOR demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
193
<3-line {>
negative
Nays
222
para.7.12 [Roll No. 18]
AYES--193
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--222
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--18
Baker (LA)
Barcia
Barton
Brewster
Chapman
Clyburn
Hancock
Hayes
Johnson, E. B.
Linder
Myers
Serrano
Smith (TX)
Taylor (NC)
Waters
Waxman
Wyden
Young (AK)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the yeas had it.
Mr. OBEY demanded a recorded vote on agreeing to said resolution
motion, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
[[Page 212]]
The vote was taken by electronic device.
It was decided in the
Yeas
371
<3-line {>
affirmative
Nays
42
para.7.13 [Roll No. 19]
AYES--371
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--42
Becerra
Bonior
Bryant (TX)
Clay
Combest
Condit
Conyers
Coyne
DeFazio
Dellums
Fattah
Fields (LA)
Filner
Flake
Foglietta
Gibbons
Green
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jefferson
Kanjorski
Kennedy (MA)
Klink
Latham
Lofgren
Maloney
Martinez
McDermott
Meek
Mfume
Owens
Pastor
Payne (NJ)
Rahall
Rangel
Sanders
Schroeder
Stark
Velazquez
Watt (NC)
NOT VOTING--20
Baker (LA)
Barcia
Barton
Brewster
Chapman
Clyburn
Frank (MA)
Hancock
Hayes
Johnson, E. B.
Linder
Moakley
Myers
Serrano
Smith (TX)
Taylor (NC)
Waters
Waxman
Wyden
Young (AK)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.7.14 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon on Friday, January 26, 1996.
para.7.15 committee election--majority
Mr. ARMEY, by direction of the Republican Conference, submitted the
following privileged resolution (H. Res. 343):
Resolved, That the following named Member be, and he is
hereby, elected to the following standing committees of the
House of Representatives:
Committee on Ways and Means: Mr. Hayes of Louisiana.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.7.16 committee election--minority
Mr. FAZIO, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 344):
Resolved, That the following named Member be, and is
hereby, elected to the following standing committee of the
House of Representatives:
To the Committee on Ways and Means: Michael McNulty of New
York.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.7.17 committee resignation--minority
The SPEAKER pro tempore, Mr. HEFLEY, laid before the House the
following communication, which was read as follows:
Congress of the United States,
New York, January 24, 1996.
The Speaker,
House of Representatives, Washington, DC.
Dear Mr. Speaker: I hereby resign my position as a member
of the House International Relations Committee (HIRC)
effective upon ratification by the full House of my
membership on the House Ways and Means Committee.
While I look forward to returning to my assignment on Ways
and Means, I wish to thank Chairman Gilman, Ranking Member
Hamilton, and all the HIRC members for the many courtesies
extended to me during my service on that panel.
Sincerely,
Michael R. McNulty,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.7.18 va medical care extensions
On motion of Mr. STUMP, by unanimous consent, the bill (H.R. 2353) to
amend title 38, United States Code, to extend certain expiring
authorities of the Department of Veterans Affairs relating to delivery
of health and medical care, and for other purposes; together with the
following amendments of the Senate thereto, was taken from the Speaker's
table:
Strike out all after the enacting clause and insert:
SECTION 1. EXTENSION OF EXPIRING AUTHORITIES.
(a) Authority To Provide Priority Health Care for Certain
Veterans Exposed to Toxic Substances.--(1) Effective June 29,
1995, section 1710(e)(3) of title 38, United States Code, is
amended by striking out ``after June 30, 1995,'' and all that
follows through ``December 31, 1995'' and inserting in lieu
thereof ``after December 31, 1996''.
(2) Section 1712(a)(1)(D) of such title is amended by
striking out ``December 31, 1995,'' and inserting in lieu
thereof ``December 31, 1996,''.
(b) Drug and Alcohol Abuse and Dependence.--Section
1720A(e) of such title is amended by striking out ``December
31, 1995'' and inserting in lieu thereof ``December 31,
1997''.
(c) Pilot Program for Noninstitutional Alternatives to
Nursing Home Care.--Section 1720C(a) of such title is amended
by striking out ``September 30, 1995,'' and inserting in lieu
thereof ``December 31, 1997,''.
(d) Negotiated Interest Rates.--Section 3703(c)(4)(D) of
such title is amended by
[[Page 213]]
striking out ``December 31, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(e) Mortgages for Energy Efficient Improvements.--Section
3710(d)(7) of such title is amended by striking out
``December 31, 1995'' and inserting in lieu thereof
``December 31, 1997''.
(f) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2)
of such title is amended by striking out ``December 31,
1995'' and inserting in lieu thereof ``December 31, 1996''.
(g) Authority of Lenders of Automatically Guaranteed Loans
to Review Appraisals.--Section 3731(f)(3) of such title is
amended by striking out ``December 31, 1995'' and inserting
in lieu thereof ``December 31, 1997''.
(h) Agreements for Housing Assistance for Homeless
Veterans.--Section 3735(c) of such title is amended by
striking out ``December 31, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(i) Use of Data on Compensation for Certified Registered
Nurse Anesthetists.--Effective March 31, 1995, section
7451(d)(3)(C)(iii) of such title is amended by striking out
``April 1, 1995'' and inserting in lieu thereof ``December
31, 1997''.
(j) Health Professional Scholarship Program.--Section 7618
of such title is amended by striking out ``December 31,
1995'' and inserting in lieu thereof ``December 31, 1997''.
(k) Enhanced-Use Leases of Real Property.--Section 8169 of
such title is amended by striking out ``December 31, 1995''
and inserting in lieu thereof ``December 31, 1997''.
(l) Authority for Community-Based Residential Care for
Homeless Chronically Mentally Ill Veterans and Other
Veterans.--Section 115(d) of the Veterans' Benefits and
Services Act of 1988 (38 U.S.C. 1712 note) is amended by
striking out ``September 30, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(m) Demonstration Program of Compensated Work Therapy.--
Section 7(a) of Public Law 102-54 (38 U.S.C. 1718 note) is
amended by striking out ``fiscal years 1991 through 1995''
and inserting in lieu thereof ``the period beginning on
October 1, 1991, and ending on December 31, 1997,''.
(n) Authority To Make Grants for Assistance in Furnishing
Services and Assistance to Homeless Veterans.--(1) Section
3(a) of the Homeless Veterans Comprehensive Service Programs
Act of 1992 (Public Law 102-590; 106 Stat. 5136; 38 U.S.C.
7721 note) is amended by striking out ``fiscal years 1993,
1994, and 1995,'' and inserting in lieu thereof ``fiscal
years 1993 through 1997,''.
(2) Section 12 of such Act (106 Stat. 5142) is amended by
striking out ``each of the fiscal years 1993, 1994, and
1995'' and inserting in lieu thereof ``each of fiscal years
1993 through 1997''.
(o) Homeless Veterans' Reintegration Projects.--(1) Section
738(e)(1) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11448(e)(1)) is amended by adding at the end the
following:
``(D) $10,000,000 for fiscal year 1996''.
``(E) $10,000,000 for fiscal year 1997.''.
(2) Section 741 of such Act (42 U.S.C. 11450) is amended by
striking out ``October 1, 1995'' and inserting in lieu
thereof ``October 1, 1997''.
(p) Effective Date.--Except as provided in subsections
(a)(1) and (i), the amendments made by this section shall
take effect on October 1, 1995.
(q) Ratification of Actions.--The following actions are
hereby ratified:
(1) The furnishing by the Secretary of Veterans Affairs of
care and services by virtue of section 1710(a)(1)(G) of title
38, United States Code, during the period beginning on July
1, 1995, and ending on the date of the enactment of this Act.
(2) The furnishing by the Secretary of services in
noninstitutional settings by virtue of section 1720C of such
title during the period beginning on October 1, 1995, and
ending on the date of the enactment of this Act.
(3) The use by any director of a Department of Veterans
Affairs health-care facility of data on rates of compensation
paid to certified nurse anesthetists in a labor market area
under section 7451(d)(3)(C) of such title during the period
beginning on April 1, 1995, and ending on the date of the
enactment of this Act.
(4) The furnishing by the Secretary of care for homeless
chronically mentally ill and other veterans by virtue of
section 115 of the Veterans' Benefits and Services Act of
1988 (38 U.S.C. 1712 note) during the period beginning on
October 1, 1995, and ending on the date of the enactment of
this Act.
(5) The furnishing by the Secretary of work therapy and
therapeutic transitional housing by virtue of section 7 of
Public Law 102-54 (38 U.S.C. 1718 note) during the period
beginning on October 1, 1995, and ending on the date of the
enactment of this Act.
(6) Grants made by the Secretary of furnish services to
veterans under section 3 of the Homeless Veterans
Comprehensive Services Programs Act of 1992 (38 U.S.C. 7721
note) during the period beginning on October 1, 1995, and
ending on the date of the enactment of this Act.
On motion of Mr. STUMP, said Senate amendments were agreed to with the
following amendments:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text of the bill, insert the following:
TITLE I--EXTENSIONS OF AUTHORITY
SEC. 101. EXTENSION OF AUTHORITIES UNDER TITLE 38, UNITED
STATES CODE.
(a) Authority To Provide Priority Health Care for Certain
Veterans Exposed to Toxic Substances.--(1) Section 1710(e)(3)
of title 38, United States Code, is amended by striking out
``after June 30, 1995,'' and all that follows through
``December 31, 1995'' and inserting in lieu thereof ``after
December 31, 1996''.
(2) Section 1712(a)(1)(D) of such title is amended by
striking out ``December 31, 1995,'' and inserting in lieu
thereof ``December 31, 1996,''.
(b) Drug and Alcohol Abuse and Dependence.--Section
1720A(e) of such title is amended by striking out ``December
31, 1995'' and inserting in lieu thereof ``December 31,
1997''.
(c) Pilot Program for Noninstitutional Alternatives to
Nursing Home Care.--Section 1720C(a) of such title is amended
by striking out ``September 30, 1995,'' and inserting in lieu
thereof ``December 31, 1997,''.
(d) Negotiated Interest Rates.--Section 3703(c)(4) of such
title is amended by striking out subparagraph (D).
(e) Mortgages for Energy Efficient Improvements.--Section
3710(d) of such title is amended by striking out paragraph
(7).
(f) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2)
of such title is amended by striking out ``December 31,
1995'' and inserting in lieu thereof ``December 31, 1996''.
(g) Authority of Lenders of Automatically Guaranteed Loans
To Review Appraisals.--Section 3731(f) of such title is
amended by striking out paragraph (3).
(h) Agreements for Housing Assistance for Homeless
Veterans.--Section 3735(c) of such title is amended by
striking out ``December 31, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(i) Use of Data on Compensation for Certified Registered
Nurse Anesthetists.--Section 7451(d)(3)(C)(iii) of such title
is amended by striking out ``April 1, 1995'' and inserting in
lieu thereof ``January 1, 1998''.
(j) Health Professional Scholarship Program.--Section 7618
of such title is amended by striking out ``December 31,
1995'' and inserting in lieu thereof ``December 31, 1997''.
(k) Enhanced-Use Leases of Real Property.--Section 8169 of
such title is amended by striking out ``December 31, 1995''
and inserting in lieu thereof ``December 31, 1997''.
SEC. 102. EXTENSION OF AUTHORITIES UNDER OTHER PROVISIONS OF
LAW.
(a) Authority for Community-Based Residential Care for
Homeless Chronically Mentally Ill Veterans and Other
Veterans.--Section 115(d) of the Veterans' Benefits and
Services Act of 1988 (38 U.S.C. 1712 note) is amended by
striking out ``September 30, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(b) Demonstration Program of Compensated Work Therapy.--
Section 7(a) of Public Law 102-54 (38 U.S.C. 1718 note) is
amended by striking out ``fiscal years 1991 through 1995''
and inserting in lieu thereof ``the period beginning on
October 1, 1991, and ending on December 31, 1977''.
(c) Services and Assistance to Homeless Veterans.--The
Homeless Veterans Comprehensive Service Programs Act of 1992
(Public Law 102-590; 38 U.S.C. 7721 note) is amended--
(1) in section 2, by striking out ``September 30, 1995,''
and inserting in lieu thereof ``September 30, 1997,'';
(2) in section 3(a)--
(A) by inserting ``(1)'' before ``Subject to'';
(B) by striking out ``fiscal years 1993, 1994, and 1995,'';
and
(C) by adding at the end the following new paragraph:
``(2) The authority of the Secretary to make grants under
this section expires on September 30, 1997.''; and
(3) in section 12, by striking out ``each of the fiscal
years 1993, 1994, and 1995'' and inserting in lieu thereof
``each of fiscal years 1993 through 1997''.
(d) Homeless Veterans' Reintegration Projects.--(1) Section
738(e)(1) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11448(e)(1)) is amended by adding at the end the
following:
``(D) $10,000,000 for fiscal year 1996.''.
(2) Section 741 of such Act (42 U.S.C. 11450) is amended by
striking out ``October 1, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
SEC. 103. RATIFICATION OF ACTIONS TAKEN DURING PERIOD OF
EXPIRED AUTHORITY.
Any action taken by the Secretary of Veterans Affairs
before the date of the enactment of this Act under a
provision of law amended by this title was taken during the
period beginning on the date on which the authority of the
Secretary under that provision of law expired and ending on
the date of the enactment of this Act shall be considered to
have the same force and effect as if the amendment to that
provision of law made by this title had been in effect at the
time of that action.
TITLE II--OTHER PROVISIONS
SEC. 201. CODIFICATION OF HOUSING REPORTING REQUIREMENTS AND
CHANGES IN THEIR FREQUENCY.
(a) Codification of Housing Related Reporting
Requirements.--(1) Chapter 37 of title 38, United States
Code, is amended by adding after section 3735 the following
new section:
``Sec. 3736. Reporting requirements
``The annual report required by section 529 of this title
shall include a discussion of the activities under this
chapter. Beginning with the report submitted at the close of
fiscal
[[Page 214]]
year 1996, and every second year thereafter, this discussion
shall include information regarding the following:
``(1) Loans made to veterans whose only qualifying service
was in the Selected Reserve.
``(2) Interest rates and discount points which were
negotiated between the lender and the veteran pursuant to
section 3703(c)(4)(A)(i) of this title.
``(3) The determination of reasonable value by lenders
pursuant to section 3731(f) of this title.
``(4) Loans that include funds for energy efficiency
improvements pursuant to section 3710(a)(10) of this title.
``(5) Direct loans to Native American veterans made
pursuant to subchapter V of this chapter.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3735 the following new item:
``3736. Reporting requirements.''.
(b) Repeal of Superseded Reporting Requirements.--The
Veterans Home Loan Program Amendments of 1992 (Public Law
102-547; 106 Stat. 3633) is amended by striking out sections
2(c), 3(b), 8(d), 9(c), and 10(b).
SEC. 202. OTHER REPORT REQUIREMENTS.
(a) Report on Consolidation of Certain Programs.--The
Secretary of Veterans Affairs shall submit to Congress, not
later than March 1, 1997, a report on the advantages and
disadvantages of consolidating into one program the following
three programs:
(1) The alcohol and drug abuse contract care program under
section 1720A of title 38, United States Code.
(2) The program to provide community-based residential care
to homeless chronically mentally ill veterans under section
115 of the Veterans' Benefits and Services Act of 1988 (38
U.S.C. 1712 note).
(3) The demonstration program under section 7 of Public Law
102-54 (38 U.S.C. 1718 note).
(b) Health Professional Scholarship Program.--(1) The
Secretary shall submit to Congress, not later than March 31,
1997, a report setting forth the results of a study
evaluating the operation of the health professional
scholarship program under subchapter II of chapter 76 of
title 38, United States Code. The study shall evaluate the
efficacy of the program with respect to recruitment and
retention of health care personnel for the Department of
Veterans Affairs and shall compare the costs and benefits of
the program with the costs and benefits of alternative
methods of ensuring adequate recruitment and retention of
such personnel.
(2) The Secretary shall carry out the study under this
paragraph through a private contractor. The report under
paragraph (1) shall include the report of the contractor and
the comments, if any, of the Secretary on that report.
(c) Enhanced Use Leases.--The Secretary shall submit to
Congress, not later than March 31, 1997, a report evaluating
the operation of the program under subchapter V of chapter 81
of title 38, United States Code.
SEC. 203. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY MEMORIAL
HOSPITAL.
(a) Authority To Contract.--Subject to subsection (b), the
Secretary of Veterans Affairs may enter into contracts for
the provision of utilities (including steam and chilled
water) to the Audie L. Murphy Memorial Hospital in San
Antonio, Texas. Each such contract may--
(1) be for a period not to exceed 35 years;
(2) provide for the construction and operation of a
production facility on or near property under the
jurisdiction of the Secretary;
(3) require capital contributions by the parties involved
for the construction of such a facility, such contribution to
be in the form of cash, equipment, or other in-kind
contribution; and
(4) provide for a predetermined formula to compute the cost
of providing such utilities to the parties for the duration
of the contract.
(b) Funds.--A contract may be entered into under subsection
(a) only to the extent as provided for in advance in
appropriations Acts.
(c) Additional Terms.--The Secretary may include in a
contract under subsection (a) such additional provisions as
the Secretary considers necessary to secure the provision of
utilities and to protect the interests of the United States.
In lieu of the Senate amendment to the title of the bill,
amend the title so as to read: ``An Act to amend title 38,
United States Code, to extend the authority of the Secretary
of Veterans Affairs to carry out certain programs and
activities, to require certain reports from the Secretary of
Veterans Affairs, and for other purposes.''.
A motion to reconsider the vote whereby said Senate amendments were
agreed to with amendments was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendments.
para.7.19 message from the president--department of transportation
The SPEAKER pro tempore, Mr. HEFLEY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 308 of Public Law 97-449 (49 U.S.C.
308(a)), I transmit herewith the Annual Report of the Department of
Transportation, which covers fiscal year 1994.
William J. Clinton.
The White House, January 25, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Transportation and
Infrastructure.
para.7.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. CHENOWETH, for today until 1 p.m.;
To Mr. SERRANO, for today; and
To Ms. JOHNSON of Texas, for today after 6:30 p.m.
And then,
para.7.21 adjournment
On motion of Mr. FALEOMAVAEGA, pursuant to the special order
heretofore agreed to, at 9 o'clock and 2 minutes, p.m., the House
adjourned until 12 o'clock noon on Friday, January 26, 1996.
para.7.22 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GIBBONS (for himself, Mr. Rangel, Mr. Stark, Mr.
Jacobs, Mr. Ford, Mr. Matsui, Mrs. Kennelly, Mr.
Coyne, Mr. Levin, Mr. Cardin, Mr. McDermott, Mr.
Kleczka, Mr. Lewis of Georgia, Mr. Payne of Virginia,
Mr. Neal of Massachusetts, and Mr. McNulty):
H.R. 2879. A bill to provide that individuals performing
services for the peacekeeping effort in the Republic of
Bosnia and Herzegovina shall be entitled to tax benefits in
the same manner as if such services were performed in a
combat zone; to the Committee on Ways and Means.
By Mr. LIVINGSTON:
H.R. 2880. A bill making appropriations for fiscal year
1996 to make a downpayment toward a balanced budget, and for
other purposes; to the Committee on Appropriations.
By Mr. BARRETT of Nebraska:
H.R. 2881. A bill to amend title 49, United States Code, to
permit States to impose fees to finance programs for
providing air service to small communities; to the Committee
on Transportation and Infrastructure.
By Mr. BLUTE:
H.R. 2882. A bill to require that the pay and benefits of
the President, the Vice President, Members of Congress, and
certain high level Government employees be treated in the
same manner as the pay and benefits of Government employees
who are affected by a Government shutdown; to the Committee
on Government Reform and Oversight, and in addition to the
Committee on House Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BRYANT of Texas:
H.R. 2883. A bill to amend title XIX to the Social Security
Act to eliminate the requirement for States to seek recovery
of medical assistance properly paid and to restrict the use
of liens and such recovery in any MediGrant Program and any
other future medical assistance programs, and for other
purposes; to the Committee on Commerce.
By Mr. DORNAN:
H.R. 2884. A bill to provide that the income tax
instructions shall include an explanation of any law under
which the Federal budget is projected to be in balance in 7
years; to the Committee on Ways and Means.
By Mr. GALLEGLY:
H.R. 2885. A bill to amend section 214 of the Housing and
Community Development Act of 1980 to limit the use of
federally assisted housing by aliens; to the Committee on
Banking and Financial Services.
By Mr. JOHNSON of South Dakota:
H.R. 2886. A bill to amend the Impact Aid Program to
provide for a holdharmless with respect to amounts for
payments relating to the Federal acquisition of real
property, to permit certain local educational agencies to
apply for increased payments for fiscal year 1994 under the
Impact Aid Program, and to amend the Impact Aid Program to
make a technical correction with respect to maximum payments
for certain heavily impacted local educational agencies; to
the Committee on Economic and Educational Opportunities.
H.R. 2887. A bill to amend the Internal Revenue Code of
1986 to exempt from the highway vehicle excise tax certain
equipment specially designed for off-highway seasonal
harvesting of agricultural commodities; to the Committee on
Ways and Means.
By Mrs. MALONEY (for herself, Mrs. Collins of Illinois,
and Mr. Barrett of Wisconsin):
H.R. 2888. A bill to ensure the economy, efficiency, and
management of Government operations and activities relating
to travel arranged by the Executive Office of the President,
by abolishing the White House Travel Office and requiring
procurement of travel-related services by the Executive
Office of the President from private-sector sources; to the
Committee on Government Reform and Oversight.
By Mrs. MYRICK:
H.R. 2889. A bill to eliminate the duties on 2-Amino-3
chlorobenzoic acid, methyl ester; to the Committee on Ways
and Means.
[[Page 215]]
By Mr. PAXON:
H.R. 2890. A bill relating to the tariff treatment of
certain footware; to the Committee on Ways and Means.
By Mr. PETERSON of Minnesota:
H.R. 2891. A bill to amend title 38, United States Code, to
provide a presumption of service connection for certain
specified diseases and disabilities in the case of veterans
who were exposed during military service to carbon
tetrachloride; to the Committee on Veterans' Affairs.
By Mr. ROHRABACHER (for himself, Mr. Royce, and Mr.
Smith of New Jersey):
H.R. 2892. A bill to impose sanctions on Burma, and for
other purposes; to the Committee on International Relations,
and in addition to the Committees on Banking and Financial
Services, the Judiciary, Commerce, and Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. ROUKEMA:
H.R. 2893. A bill to provide increased access to health
care benefits, to provide increased portability of health
care benefits, to provide increased security of health care
benefits, to increase the purchasing power of individuals and
small employers, and for other purposes; to the Committee on
Commerce, and in addition to the Committee on Ways and Means,
and Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SALMON (for himself, Mr. Dornan, Mr. Souder, Mr.
Davis, Mr. Baker of Louisiana, Mr. Greenwood, Mrs.
Chenoweth, and Mr. Stearns):
H.R. 2894. A bill for the relief of the seven individuals
who were terminated from employment with the White House
Travel Office on May 19, 1993; to the Committee on the
Judiciary.
By Mr. SHAW:
H.R. 2895. A bill to amend the Harmonized Tariff Schedule
of the United States with respect to fireworks; to the
Committee on Ways and Means.
By Mr. SMITH of Michigan (for himself and Mr. Shays):
H.R. 2896. A bill to limit the issuance of public debt
obligations after December 31, 2001; to the Committee on Ways
and Means.
By Mr. SMITH of Michigan:
H.R. 2897. A bill to increase the public debt limit, to
protect the Social Security trust funds and other Federal
trust funds and accounts invested in public debt obligations,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. TATE:
H.R. 2898. A bill to amend the Immigration and Nationality
Act to provide that aliens removed from the United States as
illegal entrants or immigration violators shall permanently
be inadmissible; to the Committee on the Judiciary.
By Mrs. VUCANOVICH (for herself and Mr. Ensign):
H.R. 2899. A bill to establish within the Department of
Energy a National Test and Demonstration Center of Excellence
at the Nevada Test Site, and for other purposes; to the
Committee on National Security, and in addition to the
Committees on Science, and Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WHITE (for himself, Mr. Schaefer, Mr. Brown of
Ohio, and Mr. Richardson):
H.R. 2900. A bill to establish nationally uniform
requirements regarding the titling and registration of
salvage, nonrepairable, and rebuilt vehicles; to the
Committee on Commerce, and in addition to the Committees on
the Judiciary, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BARTLETT of Maryland (for himself, Mr.
Traficant, Mr. Funderburk, Mr. Burton of Indiana, Mr.
Crane, Mr. Herger, Mr. Duncan, Mr. Coble, Mr.
Packard, Mr. Taylor of North Carolina, Mr.
Hostettler, Mrs. Seastrand, Mr. Wamp, Mr. Stearns,
and Mr. Stockman):
H. Con. Res. 134. Concurrent resolution condemning the
court-martial of Specialist Michael New of the U.S. Army in
response to his refusal to wear on his military uniform the
insignia of the United Nations and calling on the President
to vindicate this courageous young man, override his
conviction, and restore him to a place of honor in the Army;
to the Committee on National Security.
By Mr. PORTER (for himself, Mr. Hinchey, Mr. Lipinski,
Mr. Frank of Massachusetts, Mr. Payne of New Jersey,
Mr. Lantos, Mr. Engel, Mr. DeFazio, Mr. Houghton, Mr.
Reed, and Mr. Hastings of Florida):
H. Con. Res. 135. Concurrent resolution expressing the
sense of the House of Representatives concerning the
political and human rights situation in the Republic of
Kenya; to the Committee on International Relations.
By Mr. SMITH of New Jersey (for himself and Mr. Hoyer):
H. Con. Res. 136. Concurrent resolution expressing the
sense of the Congress concerning resolution of the conflict
between the Government of Turkey and Kurdish militants; to
the Committee on International Relations.
By Mr. ARMEY:
H. Res. 343. Resolution electing Representative James A.
Hayes of Louisiana to the Committee on Ways and Means;
considered and agreed to.
By Mr. FAZIO of California:
H. Res. 344. Resolution electing Representative Michael
McNulty of New York to the Committee on Ways and Means;
considered and agreed to.
By Mr. BEREUTER (for himself, Mr. Berman, Mr. Gilman,
Mr. Rohrabacher, Mr. Burton of Indiana, and Mr.
Sanford):
H. Res. 345. Resolution expressing concern about the
deterioration of human rights in Cambodia; to the Committee
on International Relations.
By Mr. GOSS:
H. Res. 346. Resolution amending the Rules of the House of
Representatives respecting the procedures of the Committee on
Standards of Official Conduct; to the Committee on Rules.
By Mr. PORTER (for himself, Mr. Smith of New Jersey,
Ms. Pelosi, Mr. Engel, Mr. Gilman, Mr. Wolf, and Mr.
Berman):
H. Res. 347. Resolution expressing the sense of the House
of Representatives concerning the human rights situation in
China and Tibet and encouraging the United States to sponsor
and press for the enactment of a resolution condemning the
human rights situation in China and Tibet at the annual
meeting of the United Nations Commission on Human Rights; to
the Committee on International Relations.
By Mr. SMITH of Texas (for himself, Mr. Armey, Mr. DeLay,
Mr. Boehner, Mr. Cox, Ms. Molinari, Mr. Livingston, Mr.
Kasich, Mr. Archer, Mr. Bliley, Mr. Stump, Mr. Cunningham,
Mr. Sam Johnson, Mr. Weldon of Florida, Mr. Souder, Mr.
McIntosh, Mr. Petri, Mrs. Roukema, Mr. Ballenger, Mr.
Hoekstra, Mr. Hutchinson, Mr. Knollenberg, Mr. Graham, Mr.
Funderburk, Mr. Norwood, Mr. Condit, Mr. Hefley, Mr. Taylor
of North Carolina, Mr. Coburn, Mr. Zimmer, Mr. Bereuter, Mr.
Bartlett of Maryland, Mr. Traficant, Mr. Chabot, Mr.
Stockman, Mr. Barton of Texas, Mrs. Myrick, Mr. Canady, Mr.
Cooley, Mr. Scarborough, Mr. Tauzin, Mr. Mica, Mr.
Christensen, Mr. Hostettler, Mr. Laughlin, Mr. Bonilla, Mr.
Combest, Mr. Coble, Mr. Rohrabacher, Mr. Duncan, Mr. Peterson
of Florida, Mr. Salmon, Mr. Fields of Texas, Mr. Bryant of
Tennessee, Mr. Thornberry, Mr. Dornan, Mr. Bono, Mr.
Doolittle, Mr. Burton of Indiana, Mr. Bilirakis, Mr.
Sensenbrenner, Mr. Goss, Mrs. Vucanovich, Mr. Istook, Mr.
Largent, Mr. Hastert, Mr. Royce, Mr. Kim, Mr. Miller of
Florida, Mr. Emerson, Mr. Linder, Mr. Stearns, Mr. Jones, Mr.
Smith of New Jersey, Mr. Baker of Louisiana, and Mr. Baker of
California):
H. Res. 348. Resolution expressing the disapproval of the
House of Representatives of the standards proposed by the
National Center for History in the Schools for the teaching
of U.S. history and world history; to the Committee on
Economic and Educational Opportunities.
para.7.23 memorials
Under clause 4 of rule XXII,
199. The SPEAKER presented a memorial of the House of
Representatives of the State of Georgia, relative to support
for the American Troops in Bosnia and Herzegovina; to the
Committee on National Security.
para.7.24 private bills and resolutions
Under clause 1 of rule XXII,
Mr. SCARBOROUGH introduced a bill (H.R. 2901) for the
relief of Joel Andrew Dopp; which was referred to the
Committee on the Judiciary.
para.7.25 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 248: Mr. Stearns.
H.R. 249: Mr. Johnston of Florida.
H.R. 264: Mr. Fox.
H.R. 322: Mr. Barcia of Michigan.
H.R. 359: Mr. Moakley.
H.R. 580: Mr. Browder.
H.R. 883: Ms. Woolsey.
H.R. 963: Mr. Vento.
H.R. 995: Mr. Norwood.
H.R. 1023: Mr. Scarborough and Mr. Stupak.
H.R. 1027: Mr. Gutierrez.
H.R. 1406: Mr. Shaw and Mrs. Smith of Washington.
H.R. 1484: Mr. Torricelli.
H.R. 1575: Mr. Fox and Mr. Kolbe.
H.R. 1591: Mr. Frost.
H.R. 1625: Mr. Paxon and Mrs. Seastrand.
H.R. 1661: Mr. LaFalce and Mr. McDermott.
H.R. 1684: Mr. Gordon, Mr. Edwards, Mr. Towns, Mr. Hayes,
Mr. Coble, Mr. Gilman, and Mr. Walsh.
H.R. 1750: Mrs. Kennelly.
H.R. 1757: Mrs. Mink of Hawaii, Mr. Olver, and Mr. Manton.
H.R. 1780: Mr. Dornan.
H.R. 1794: Mr. Buyer and Ms. McKinney.
H.R. 1876: Ms. Brown of Florida.
H.R. 1893: Mr. Hoekstra.
[[Page 216]]
H.R. 2011: Mr. Ward and Mr. Clement.
H.R. 2039: Mr. LaFalce.
H.R. 2133: Mr. Faleomavaega.
H.R. 2178: Mr. Gutierrez and Mr. Barrett of Wisconsin.
H.R. 2192: Mr. Gutierrez, Mr. Evans, Mr. Lipinski, and Mr.
Durbin.
H.R. 2199: Mr. Zimmer.
H.R. 2214: Mr. Pickett.
H.R. 2228: Mr. Camp.
H.R. 2247: Mr. Clement, Mr. Johnston of Florida, Mr.
Kildee, and Mr. Klug.
H.R. 2320: Mr. Emerson, Mr. Packard, Mr. Saxton, Mr. Royce,
and Mr. Stump.
H.R. 2374: Mr. Blute.
H.R. 2463: Mr. LaFalce.
H.R. 2468: Mrs. Meyers of Kansas.
H.R. 2480: Mr. Rush.
H.R. 2566: Mr. Torkildsen.
H.R. 2578: Mr. Moran, Mr. Kanjorski, and Mr. Moorhead.
H.R. 2579: Mr. Lucas, Mr. Lantos, Mr. Peterson of
Minnesota, Mr. Bilirakis, Mr. Fattah, and Mr. Franks of
Connecticut.
H.R. 2602: Mr. Goss, Mr. Miller of Florida, and Mr.
Johnston of Florida.
H.R. 2604: Mr. Waxman and Ms. Lofgren.
H.R. 2640: Mr. Bateman, Mr. Bishop, Mr. Evans, Mr. Porter,
Mr. Rose, and Mr. Thompson.
H.R. 2650: Mrs. Meyers of Kansas.
H.R. 2651: Mr. Frazer, Mr. Baker of Louisiana, Mr.
Thompson, and Mr. Shuster.
H.R. 2682: Mr. Schumer, Mr. LaFalce, and Mr. Nadler.
H.R. 2690: Mr. Frazer.
H.R. 2691: Mr. Owens.
H.R. 2697: Mr. Bereuter and Mr. Jackson.
H.R. 2700: Mr. Chapman and Mr. Armey.
H.R. 2701: Mr. Shays, Mr. Graham, Mr. King, Mr. Clyburn,
Mr. Payne of Virginia, Mr. Rose, and Mrs. Vucanovich.
H.R. 2716: Ms. Roybal-Allard.
H.R. 2728: Mr. McInnis, Mr. Skaggs, and Mr. Schaefer.
H.R. 2745: Mrs. Kennelly, Ms. Lofgren, Mr. Franks of New
Jersey, Mr. Ackerman, Mr. Dixon, Mr. Ford, Mr. Costello, Mr.
Hall of Ohio, Mr. Coleman, Mr. Ward, and Mr. LaFalce.
H.R. 2755: Mr. Johnston of Florida.
H.R. 2777: Mr. Gutierrez, Mr. McDermott, Mr. Stark, Mr.
Coburn, Mr. Ackerman, Mr. Yates, Mr. Johnston of Florida, Mr.
Dellums, and Mr. Lipinski.
H.R. 2778: Mr. Riggs, Mr. Ganske, Mr. Ackerman, Mr. Jones,
Mr. Horn, Mr. Weller, Mr. Fox, Mr. Baesler, Mr. Norwood, Mr.
McCollum, Mr. Funderburk, Mr. Faleomavaega, Mr. Boehlert, Mr.
Montgomery, Mr. Condit, Mr. McNulty, Mr. Chabot, Mr. Clement,
Mr. Burr, Mr. Hayworth, Mr. Bunn of Oregon, Mr. Nethercutt,
Mr. Weldon of Florida, Ms. DeLauro, Mr. Hastings of Florida,
Mr. Stupak, and Mr. Martini.
H.R. 2795: Mr. Deutsch, Mr. Hastings of Florida, Mr. Diaz-
Balart, Mrs. Fowler, and Mr. Johnston of Florida.
H.R. 2807: Mr. Baker of Louisiana and Mr. Inglis of South
Carolina.
H.R. 2823: Mr. Goodlatte, Mrs. Kelly, and Ms. Molinari.
H.R. 2827: Ms. Woolsey, Mr. Beilenson, Mr. Barrett of
Wisconsin, Mr. Underwood, Ms. Eshoo, and Ms. Molinari.
H.R. 2828: Mr. Coburn and Mrs. Kelly.
H.R. 2837: Mr. Rush, Mr. Johnston of Florida, Mr. Torres,
and Ms. McKinney.
H.R. 2854: Mr. Tiahrt, Mr. Everett, Mr. Lewis of Kentucky,
Mr. Smith of Michigan, and Mr. Chrysler.
H.R. 2862: Mr. Moakley, Mr. Peterson of Florida, Ms.
Slaughter, Mr. Kennedy of Massachusetts, Mr. Bentsen, Ms.
Velazquez, Mr. Engel, Mr. Frank of Massachusetts, Mr. Ward,
Mr. Sawyer, Ms. Norton, Mr. Durbin, Mr. Fattah, Mr.
Abercrombie, Mr. LaFalce, Mr. Hinchey, Mr. Frost, Mr. Wynn,
Mr. Deutsch, Ms. DeLauro, Mr. Owens, Mr. Faleomavaega, Mr.
Dicks, Mr. Johnston of Florida, Mr. Fazio of California, Mr.
Watt of North Carolina, Mr. Klink, Mr. Clement, and Mr.
Thompson.
H.R. 2867: Mr. Manzullo, Mr. Cunningham, Ms. Danner, Mr.
Clement, Mr. Stupak, Mr. Barr, and Mr. Gallegly.
H.J. Res. 117: Mr. Owens.
H. Con. Res. 23: Mr. Zimmer and Ms. Velazquez.
H. Con. Res. 95: Mr. Thompson, Mr. Kim, Mrs. Meek of
Florida, Mr. Zimmer, Mr. Burton of Indiana, Ms. Slaughter,
Mr. Leach, and Mr. Martini.
H. Con. Res. 132: Mrs. Smith of Washington, Mr. Dicks, Mr.
McDermott, Mr. Nethercutt, Mr. Hastings of Washington, Mr.
Metcalf, and Mr. Tate.
H. Res. 333: Mr. Sawyer.
.
FRIDAY, JANUARY 26, 1996 (8)
para.8.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. BARRETT
of Nebraska, who laid before the House the following communication:
Washington, DC,
January 26, 1996.
I hereby designate the Honorable Bill Barrett to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.8.2 approval of the journal
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced he had
examined and approved the Journal of the proceedings of Thursday,
January 25, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.8.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1981. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Thailand for defense articles and
services (Transmittal No. 96-19), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
1982. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Canada (Transmittal No.
10-96), pursuant to 22 U.S.C. 2796a(a); to the Committee on
International Relations.
1983. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to Oman (Transmittal No.
11-96), pursuant to 22 U.S.C. 2796a(a); to the Committee on
International Relations.
1984. A letter from the Director, Defense Security
Assistance Agency, transmitting the price and availability
report for the quarter ending December 31, 1995, pursuant to
22 U.S.C. 2768; to the Committee on International Relations.
para.8.4 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. BARRETT, laid before the House a
communication, which was read as follows:
Washington, DC,
January 25, 1996.
I hereby designate the Honorable Porter J. Goss to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through Tuesday, January 30, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.8.5 adjournment over
On motion of Mr. COBLE, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
12:30 p.m. on Tuesday, January 30, 1996.
para.8.6 calendar wednesday business dispensed with
On motion of Mr. COBLE, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
January 31, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.8.7 order of business--recess
On motion of Mr. COBLE, by unanimous consent,
Ordered, That at any time on Thursday, February 1, 1996, the Speaker
may declare a recess, subject to the call of the Chair, for the purpose
of receiving in joint meeting His Excellency Jacques Chirac, President
of France.
para.8.8 recess--12.51 p.m.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, pursuant to clause
12 of rule I, declared the House in recess at 12 o'clock and 51 minutes
p.m., subject to the call of the Chair.
para.8.9 after recess--6:54 p.m.
The SPEAKER pro tempore, Mr. GOSS, called the House to order.
para.8.10 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 2880. An Act making appropriations for fiscal year
1996 to make a downpayment toward a balanced budget, and for
other purposes.
para.8.11 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2880. An Act making appropriations for fiscal year
1996 to make a downpayment toward a balanced budget, and for
other purposes.
para.8.12 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1341. An Act to provide for the transfer of certain
lands to the Salt River Pima-Maricopa Indian Community and
the city of Scottsdale, Arizona, and for other purposes.
[[Page 217]]
And then,
para.8.13 adjournment
The SPEAKER pro tempore, Mr. GOSS, bu unanimous consent and pursuant
to the special order heretofore agreed to, at 6 o'clock and 55 minutes
p.m., the House adjourned until 12:30 p.m. on Tuesday, January 30, 1996.
para.8.14 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GOSS:
H.R. 2902. A bill to suspend tariff reductions on winter
tomatoes imported from Mexico until the President certifies
to the Congress that existing mechanisms are sufficient to
protect the domestic industry from import surges from Mexico;
to the Committee on Ways and Means.
By Mr. KASICH (by request):
H.R. 2903. A bill to provide for deficit reduction and
achieve a balanced budget by fiscal year 2002; to the
Committee on the Budget, and in addition to the Committees on
Ways and Means, Commerce, Banking and Financial Services, the
Judiciary, Agriculture, Economic and Educational
Opportunities, Government Reform and Oversight, House
Oversight, National Security, Veterans' Affairs, Resources,
International Relations, and Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TRAFICANT:
H.R. 2904. A bill to amend the Public Buildings Act of 1959
to ensure that any lease entered into by a Federal agency for
office, meeting, storage, and other space necessary to carry
out the functions of the Federal agency shall be subject to
the leasing requirements of the Public Buildings Act of 1959;
to the Committee on Transportation and Infrastructure.
para.8.15 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 500: Mr. Bilirakis.
H.R. 835: Mr. Fazio of California.
H.R. 972: Mr. Oberstar.
H.R. 1023: Mr. Castle and Mr. Conyers.
H.R. 1364: Mr. Hastert.
H.R. 1802: Mr. Pickett.
H.R. 1834: Mr. Brewster.
H.R. 2036: Mrs. Lincoln.
H.R. 2500: Mr. Traficant and Mr. Pickett.
H.R. 2619: Mr. Kleczka.
H.R. 2856: Mr. Studds, Ms. Woolsey, Mrs. Lowey, and Mr.
Stark.
.
TUESDAY, JANUARY 30, 1996 (9)
The House was called to order by the SPEAKER at 12:30 p.m.
para.9.1 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 2111. An Act to designate the Federal building located
at 1221 Nevin Avenue in Richmond, California, as the ``Frank
Hagel Federal Building''.
H.R. 2726. An Act to make certain technical corrections in
laws relating to Native Americans, and for other purposes.
The message also announced that the Senate agrees to the amendment of
the House to the amendment of the Senate to the text of the bill (H.R.
2029) ``An Act to amend the Farm Credit Act of 1971 to provide
regulatory relief, and for other purposes.''.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 1543. An Act to clarify the treatment of Nebraska impact
aid payments.
S. 1544. An Act to authorize the conveyance of the William
Langer Jewel Bearing Plant to the Job Development Authority
of the City of Rolla, North Dakota.
S. 1463. An Act to amend the Trade Act of 1974 to clarify
the definitions of domestic industry and like articles in
certain investigations involving perishable agricultural
products, and for other purposes.
para.9.2 ``morning hour'' debates
The SPEAKER, pursuant to the order of the House of Friday, May 12,
1995, recognized Members for ``morning hour'' debates.
para.9.3 recess--1:05 p.m.
The SPEAKER pro tempore, Mr. YOUNG of Florida, pursuant to clause 12
of rule I, declared the House in recess at 1 o'clock and 5 minutes p.m.,
until 2 o'clock p.m.
para.9.4 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. YOUNG of Florida, called the House to
order.
para.9.5 approval of the journal
The SPEAKER pro tempore, Mr. YOUNG of Florida, announced he had
examined and approved the Journal of the proceedings of Friday, January
26, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.9.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1985. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a listing of gifts
by the U.S. Government to foreign individuals during fiscal
year 1995, pursuant to 22 U.S.C. 2694(2); to the Committee on
International Relations.
1986. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
1987. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled, ``Evaluation of the
D.C. Lottery Board's Wagering Cancellation Methodology,''
pursuant to D.C. Code, section 47-117(d); to the Committee on
Government Reform and Oversight.
para.9.7 notice requirement--consideration of resolution--question of
privileges
Mrs. MINK, pursuant to clause 2(a)(1) of rule IX, announced her
intention to call up the following resolution, as a question of the
privileges of the House:
Whereas virtually every nation in the world has adhered to
a moratorium on nuclear tests since September 1992;
Whereas, on June 13, 1995, President Jacques Chirac of
France ended his nation's adherence to the moratorium by
ordering a series of nuclear tests in the South Pacific;
Whereas France has acted conducted six nuclear tests on the
Pacific atolls of Moruroa and Fangataufa in French Polynesia;
Whereas France has acknowledged that radioactive materials
from some of the tests have leaked into the ocean;
Whereas, as a result of the tests, the people of the
Pacific are extremely concerned about the health and safety
of those who live near the test sites, as well as the adverse
environmental effects of the tests on the region;
Whereas, in conducting the tests, France has callously
ignored world-wide protests and global concern;
Whereas the United States is one of 167 nations that have
objected to the tests;
Whereas the tests are inconsistent with the ``Principles
and Objectives for Disarmament'', as adopted by the 1995
Review and Extension Conference of the Parties to the Treaty
on Non-Proliferation of Nuclear Weapons;
Whereas, in proceeding with the tests, France has acted
contrary to the commitment of the international community to
the non-proliferation of nuclear weapons and the moratorium
on nuclear testing;
Whereas the President of France, Jacques Chirac, is
scheduled to appear before a joint meeting of the Congress on
February 1, 1996; and
Whereas, in light of the tests, the appearance of the
President of France before the Congress violates the dignity
and integrity of the proceedings of the House: Now,
therefore, be it
Resolved, That, by reason of the recent nuclear tests
conducted by France in the South Pacific, the Speaker of the
House shall take such action as may be necessary to withdraw
the invitation to the President of France, Jacques Chirac, to
address a joint meeting of the Congress, as scheduled to
occur on February 1, 1996.
Sec. 2. On and after the date on which this resolution is
agreed to, the Speaker of the House may not agree to the
appearance before a joint meeting of the Congress by any head
of state or head of government whose nation conducts nuclear
tests.
The SPEAKER pro tempore, Mr. YOUNG of Florida, responded to the
foregoing notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Speaker in the legislative schedule within two
legislative days of its being properly noticed. The Chair will announce
the Chair's designation at a later time. The Chair's determination as to
whether the resolution constitutes a question of privilege will be made
at the time designated by the Chair for consideration of the
resolution.''.
para.9.8 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. YOUNG of Florida, laid before the House a
communication, which was read as follows:
[[Page 218]]
U.S. House of Representatives,
Office of the Clerk,
Washington, DC, January 30, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Monday, January 29,
1996 at 1:20 p.m. and said to contain a message from the
President whereby he submits a semiannual report on the
continued compliance with U.S. and international standards in
the area of emigration policy of the Republic of Bulgaria.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.9.9 bulgaria emigration criteria
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
On June 3, 1993, I determined and reported to the Congress that
Bulgaria is in full compliance with the freedom of emigration criteria
of sections 402 and 409 of the Trade Act of 1974. This action allowed
for the continuation of most-favored-nation (MFN) status for Bulgaria
and certain other activities without the requirement of a waiver.
As required by law, I am submitting an updated report to the Congress
concerning emigration laws and policies of the Republic of Bulgaria. You
will find that the report indicates continued Bulgarian compliance with
U.S. and international standards in the area of emigration policy.
William J. Clinton.
The White House, January 29, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 104-169).
para.9.10 municipal solid waste flow control--s. 534
Mr. BLILEY moved to suspend the rules and agree to the following
resolution (H. Res. 349):
Resolved, That upon the adoption of this resolution, the
Committee on Commerce shall be discharged from further
consideration of the bill S. 534 and the House shall be
considered to have struck out all after the enacting clause
and inserted in lieu thereof an amendment consisting of the
text contained in section 2 of this resolution, the bill
shall be considered to have passed the House, as amended, and
the House shall be considered to have insisted on the House
amendment and requested a conference with the Senate thereon.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL
MUNICIPAL SOLID WASTE FLOW CONTROL.
(a) Amendment of Subtitle D.--Subtitle D of the Solid Waste
Disposal Act is amended by adding after section 4010 the
following new section:
``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL
GOVERNMENT CONTROL OVER MOVEMENT OF MUNICIPAL
SOLID WASTE AND RECYCLABLE MATERIALS.
``(a) Flow Control Authority for Facilities Designated as
of May 16, 1994.--Any State or political subdivision thereof
is authorized to exercise flow control authority to direct
the movement of municipal solid waste, and recyclable
materials voluntarily relinquished by the owner or generator
thereof, to particular waste management facilities, or
facilities for recyclable materials, designated as of May 16,
1994, if each of the following conditions are met:
``(1) The waste and recyclable materials are generated
within the jurisdictional boundaries of such State or
political subdivision, determined as of May 16, 1994.
``(2) Such flow control authority is imposed through the
adoption or execution of a law, ordinance, regulation,
resolution, or other legally binding provision or legally
binding official act of the State or political subdivision
that--
``(A) was in effect on May 16, 1994,
``(B) was in effect prior to the issuance of an injunction
or other order by a court based on a ruling that such law,
ordinance, regulation, resolution, or other legally binding
provision or official act violated the Commerce Clause of the
United States Constitution, or
``(C) was in effect immediately prior to suspension thereof
by legislative or official administrative action of the State
or political subdivision expressly because of the existence
of a court order of the type described in subparagraph (B)
issued by a court of the same State or Federal judicial
circuit.
``(3) The State or a political subdivision thereof has, for
one or more of such designated facilities, in accordance with
paragraph (2), on or before May 16, 1994, either--
``(A) presented eligible bonds for sale, or
``(B) executed a legally binding contract or agreement that
obligates it to deliver a minimum quantity of waste or
recyclable materials to one or more such designated waste
management facilities or facilities for recyclable materials
and that obligates it to pay for that minimum quantity of
waste or recyclable materials even if the stated minimum
quantity of such waste or recyclable materials is not
delivered within a required timeframe.
``(b) Waste Stream Subject to Flow Control.--The flow
control authority of subsection (a) shall only permit the
exercise of flow control authority to any designated facility
of the specific classes or categories of municipal solid
waste and voluntarily relinquished recyclable materials to
which flow control authority was applicable on May 16, 1994,
or immediately before the effective date of an injunction or
court order referred to in subsection (a)(2)(B) or an action
referred to in subsection (a)(2)(C) and--
``(1) in the case of any designated waste management
facility or facility for recyclable materials that was in
operation as of May 16, 1994, only if the facility concerned
received municipal solid waste or recyclable materials in
those classes or categories within 2 years prior to May 16,
1994, or the effective date of such injunction or other court
order or action,
``(2) in the case of any designated waste management
facility or facility for recyclable materials that was not
yet in operation as of May 16, 1994, only of the classes or
categories that were clearly identified by the State or
political subdivision as of May 16, 1994, to be flow
controlled to such facility, and
``(3) only to the extent of the maximum volume authorized
by State permit to be disposed at the waste management
facility or processed at the facility for recyclable
materials.
If specific classes or categories of municipal solid waste or
recyclable materials were not clearly identified, paragraph
(2) shall apply only to municipal solid waste generated by
households, including single family residences and multi-
family residences of up to 4 units.
``(c) Duration of Flow Control Authority.--Flow control
authority may be exercised pursuant to this section to any
facility or facilities only until the later of the following:
``(1) The expiration date of the bond referred to in
subsection (a)(3)(A).
``(2) The expiration date of the contract or agreement
referred to in subsection (a)(3)(B).
``(3) The adjusted expiration date of a bond issued for a
qualified environmental retrofit.
Such expiration dates shall be determined based upon the
terms and provisions of the bond or contract in effect on May
16, 1994. In the case of a contract described in subsection
(a)(3)(B) that has no specified expiration date, for purposes
of paragraph (2) the expiration date shall be treated as the
first date that the State or political subdivision that is a
party to the contract can withdraw from its responsibilities
under the contract without being in default thereunder and
without substantial penalty or other substantial legal
sanction.
``(d) Mandatory Opt-Out for Generators and Transporters.--
Notwithstanding any other provision of this section, no State
or political subdivision may require any generator or
transporter of municipal solid waste or recyclable materials
to transport such waste or materials, or deliver such waste
or materials for transportation, to a facility that is listed
on the National Priorities List established under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 unless such State or political
subdivision or the owner or operator of such facility has
adequately indemnified the generator or transporter against
all liability under that Act with respect to such waste or
materials.
``(e) Effect on Existing Laws.--
``(1) Environmental laws.--Nothing in this section shall be
interpreted or construed to have any effect on any other law
relating to the protection of human health and the
environment, or the management of municipal solid waste or
recyclable materials.
``(2) State law.--Nothing in this section shall be
interpreted to authorize a political subdivision to exercise
the flow control authority granted by this section in a
manner inconsistent with State law.
``(3) Ownership of recyclable materials.--Nothing in this
section shall authorize any State or political subdivision to
require any generator or owner of recyclable materials to
transfer any recyclable materials to such State or political
subdivision, nor shall prohibit any persons from selling,
purchasing, accepting, conveying, or transporting any
recyclable materials, unless the generator or owner
voluntarily makes such recyclable materials available to the
State or political subdivision and relinquishes any rights
to, or ownership of, such recyclable materials.
``(f) Facilities Not Qualified for Flow Control.--No flow
control authority may be exercised under the provisions of
this section to direct solid waste or recyclable materials to
any facility pursuant to an ordinance if--
``(1) the ordinance was determined to be unconstitutional
by a State or Federal court in October of 1994;
``(2) the facility is located over a sole source aquifer,
within 5 miles of a public beach, and within 25 miles of a
city with a population of more than 5,000,000; and
``(3) the facility is not fully permitted and operating in
complete official compliance with all Federal, State, and
local environmental regulations.
``(g) Limitation on Revenue.--A State or qualified
political subdivision may exercise the flow control authority
granted in this section only if the State or qualified
political subdivision limits the use of any of the
[[Page 219]]
revenues it derives from the exercise of such authority for
the payment of one or more of the following:
``(1) Principal and interest on any eligible bond.
``(2) Principal and interest on a bond issued for a
qualified environmental retrofit.
``(3) Payments required by the terms of a contract referred
to in subsection (a)(3)(B).
``(4) Other expenses necessary for the operation and
maintenance of designated facilities and other integral
facilities necessary for the operation and maintenance of
such designated facilities that are identified by the same
eligible bond.
``(5) To the extent not covered by paragraphs (1) through
(4), expenses for recycling, composting, and household
hazardous waste activities in which the State or political
subdivision was engaged before May 16, 1994, and for which
the State or political subdivision, after periodic
evaluation, beginning no later than one year after the
enactment of this section, finds that there is no comparable
qualified private sector service provider available. Such
periodic evaluation shall be based on public notice and open
competition. The amount and nature of payments described in
this paragraph shall be fully disclosed to the public
annually.
``(h) Interim Contracts.--A lawful, legally binding
contract under State law that was entered into during the
period--
``(1) before November 10, 1995, and after the effective
date of any applicable final court order no longer subject to
judicial review specifically invalidating the flow control
authority of such State or political subdivision, or
``(2) after such State or political subdivision refrained
pursuant to legislative or official administrative action
from enforcing flow control authority and before the
effective date on which it resumes enforcement of flow
control authority after enactment of this section,
shall be fully enforceable in accordance with State law.
``(i) Areas With Pre-1984 Flow Control.--
``(1) General authority.--A State that on or before January
1, 1984--
``(A) adopted regulations under a State law that required
or directed transportation, management, or disposal of
municipal solid waste from residential, commercial,
institutional, or industrial sources (as defined under State
law) to specifically identified waste management facilities,
and applied those regulations to every political subdivision
of the State, and
``(B) subjected such waste management facilities to the
jurisdiction of a State public utilities commission,
may exercise flow control authority over municipal solid
waste in accordance with the other provisions of this section
and may exercise the additional flow control authority
described in paragraph (2).
``(2) Additional flow control authority.--A State that
meets the requirements of paragraph (1) and any political
subdivision thereof may exercise flow control authority over
all classes and categories of municipal solid waste that were
subject to flow control by such State or political
subdivision thereof on May 16, 1994, by directing it from any
existing waste management facility that was designated as of
May 16, 1994, or any proposed waste management facility in
the State to any other such existing or proposed waste
management facility in the State without regard to whether
the political subdivision within which the municipal solid
waste is generated had designated the particular waste
management facility or had issued a bond or entered into a
contract referred to in subsection (a)(3)(A) or (B),
respectively.
``(3) Definition.--For purposes of this subsection, the
term `proposed waste management facility' means a waste
management facility that was specifically identified in a
waste management plan prior to May 16, 1994, and for the
construction of which--
``(A) revenue bonds were issued and outstanding as of May
16, 1994,
``(B) additional financing with revenue bonds was required
as of the date of enactment of this section to complete
construction, and
``(C) a permit had been issued prior to December 31, 1994.
``(4) Limitation of authority.--The additional flow control
authority granted by paragraph (2) may be exercised to--
``(A) any facility described in paragraph (2) for up to 5
years after the date of enactment of this section, and
``(B) after 5 years after enactment of this section, only
to those facilities and only with respect to the classes,
categories, and geographic origin of waste directed to such
facilities specifically identified by the State in a public
notice issued within 5 years after enactment of this section.
``(5) Duration of authority.--The authority to direct
municipal solid waste to any facility pursuant to this
subsection shall terminate with regard to such facility in
accordance with subsection (c).
``(j) Savings Clause.--Nothing in this section is intended
to have any effect on the authority of any State or political
subdivision to franchise, license, or contract for municipal
solid waste collection, processing, or disposal.
``(k) Application of Flow Control Authority.--The flow
control authority granted by this section shall be exercised
in a manner that ensures that it is applied to the public
sector if it is applied to the private sector.
``(l) Promotion of Recycling.--The Congress finds that, in
order to promote recycling, anyone engaged in recycling
activities should strive to meet applicable standards for the
reuse of recyclable materials.
``(m) Effective Date.--The provisions of this section shall
take effect with respect to the exercise by any State or
political subdivision of flow control authority on or after
the date of enactment of this section, and such provisions
shall also apply to the exercise by any State or political
subdivision of flow control authority before such date of
enactment unless the exercise of such authority has been
declared unconstitutional by a final judicial decision that
is no longer subject to judicial review.
``(n) Definitions.--For the purposes of this section--
``(1) Adjusted expiration date.--The term `adjusted
expiration date' means, with respect to a bond issued for a
qualified environmental retrofit, the earlier of the final
maturity date of such bond or 15 years after the date of
issuance of such bonds.
``(2) Bond issued for a qualified environmental retrofit.--
The term `bond issued for a qualified environmental retrofit'
means a revenue or general obligation bond, the proceeds of
which are dedicated to financing the retrofitting of a
resource recovery facility or a municipal solid waste
incinerator necessary to comply with section 129 of the Clean
Air Act, provided that such bond is presented for sale before
the expiration date of the bond or contract referred to in
subsection (a)(3)(A) and (B) respectively that is applicable
to such facility and no later than December 31, 1999.
``(3) Designate; designation, etc..--The terms `designate',
`designated', `designating', and `designation' mean a
requirement of a State or political subdivision, and the act
of a State or political subdivision, individually or
collectively, to require that all or any portion of the
municipal solid waste or recyclable materials that is
generated within the boundaries of the State or any political
subdivision be delivered to one or more waste management
facilities or facilities for recyclable materials identified
by the State or a political subdivision thereof. The term
`designation' includes bond covenants, official statements,
or other official financing documents issued by a political
subdivision issuing an eligible bond in which it identified a
specific waste management facility as being the subject of
such bond and the requisite facility for receipt of municipal
solid waste or recyclable materials generated within the
jurisdictional boundaries of that political subdivision.
``(4) Eligible bond.--The term `eligible bond' means--
``(A) a revenue bond specifically to finance one or more
designated waste management facilities, facilities for
recyclable materials, or specifically and directly related
assets, development or finance costs, as evidenced by the
bond documents; or
``(B) a general obligation bond, the proceeds of which were
used solely to finance one or more designated waste
management facilities, facilities for recyclable materials,
or specifically and directly related assets, development or
finance costs, as evidenced by the bond documents.
``(5) Flow control authority.--The term `flow control
authority' means the authority to control the movement of
municipal solid waste or voluntarily relinquished recyclable
materials and direct such solid waste or voluntarily
relinquished recyclable materials to one or more designated
waste management facilities or facilities for recyclable
materials within the boundaries of a State or within the
boundaries of a political subdivision of a State, as in
effect on May 16, 1994.
``(6) Municipal solid waste.--The term `municipal solid
waste' means any solid waste generated by the general public
or by households, including single residences and multifamily
residences, and from commercial, institutional, and
industrial sources, to the extent such waste is essentially
the same as waste normally generated by households or was
collected and disposed of with other municipal solid waste as
part of normal municipal solid waste collection services,
consisting of paper, wood, yard waste, plastics, leather,
rubber, and other combustible materials and noncombustible
materials such as metal and glass, including residue
remaining after recyclable materials have been separated from
waste destined for disposal, and including waste material
removed from a septic tank, septage pit, or cesspool (other
than from portable toilets), except that the term does not
include any of the following:
``(A) Any waste identified or listed as a hazardous waste
under section 3001 of this Act or waste regulated under the
Toxic Substances Control Act.
``(B) Any waste, including contaminated soil and debris,
resulting from--
``(i) response or remedial action taken under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980,
``(ii) any corrective action taken under this Act, or
``(iii) any corrective action taken under any comparable
State statute.
``(C) Construction and demolition debris.
``(D) Medical waste listed in section 11002 of this Act.
``(E) Industrial waste generated by manufacturing or
industrial processes, including waste generated during scrap
processing and scrap recycling.
``(F) Recyclable materials.
``(G) Sludge.
``(7) Political subdivision.--The term `political
subdivision' means a city, town, bor
[[Page 220]]
ough, county, parish, district, or public service authority
or other public body created by or pursuant to State law with
authority to present for sale an eligible bond or to exercise
flow control authority.
``(8) Recycle and recycling.--The terms `recycle' and
`recycling' mean--
``(A) any process which produces any material defined as
`recycled' under section 1004; and
``(B) any process by which materials are diverted,
separated from, or separately managed from materials
otherwise destined for disposal as solid waste, by
collecting, sorting, or processing for use as raw materials
or feedstocks in lieu of, or in addition to, virgin
materials, including petroleum, in the manufacture of usable
materials or products.
``(9) Recyclable materials.--The term `recyclable
materials' means any materials that have been separated from
waste otherwise destined for disposal (either at the source
of the waste or at processing facilities) or that have been
managed separately from waste destined for disposal, for the
purpose of recycling, reclamation, composting of organic
materials such as food and yard waste, or reuse (other than
for the purpose of incineration). Such term includes scrap
tires to be used in resource recovery.
``(10) Waste management facility.--The term `waste
management facility' means any facility for separating,
storing, transferring, treating, processing, combusting, or
disposing of municipal solid waste.''.
(b) Table of Contents.--The table of contents for subtitle
D of the Solid Waste Disposal Act is amended by adding the
following new item after the item relating to section 4010:
``Sec. 4011. Congressional authorization of State and local government
control over movement of municipal solid waste and
recyclable materials.''.
The SPEAKER pro tempore, Mr. YOUNG of Florida, recognized Mr. BLILEY
and Mr. MARKEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. YOUNG of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. MARKEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. YOUNG of Florida, pursuant to clause 5,
rule I, announced that further proceedings on the motion were postponed
until Wednesday, January 31, 1996, pursuant to the prior announcement of
the Chair.
The point of no quorum was considered as withdrawn.
para.9.11 land disposal program flexibility
Mr. BLILEY moved to suspend the rules and pass the bill (H.R. 2036) to
amend the Solid Waste Disposal Act to make certain adjustments in the
land disposal program to provide needed flexibility, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. YOUNG of Florida, recognized Mr. BLILEY
and Mr. MARKEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. YOUNG of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. MARKEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. YOUNG of Florida, pursuant to clause 5,
rule I, announced that further proceedings on the motion were postponed
until Wednesday, January 31, 1996, pursuant to the prior announcement of
the Chair.
The point of no quorum was considered as withdrawn.
para.19.12 disposition of senate amendment--h.r. 1868
The SPEAKER pro tempore, Mr. YOUNG of Florida, announced that the
amendment of the Senate numbered 115 to the bill (H.R. 1868) making
appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1996, and for other
purposes, was finally disposed of in both Houses as if enacted into law
by section 301 of Public Law 104-99, thereby enabling the enrollment of
said bill.
para.9.13 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 1543. An Act to clarify the treatment of Nebraska impact
aid payments; to the Committee on Education and Economic
Opportunity.
S. 1544. An Act to authorize the conveyance of the William
Langer Jewel Bearing Plant to the Job Development Authority
of the City of Rolla, North Dakota; to the Committee on
National Security.
para.9.14 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1868. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1996, and for other
purposes;
H.R. 2029. An Act to amend the Farm Credit Act of 1971 to
provide regulatory relief, and for other purposes;
H.R. 2111. An Act to designate the Federal building located
at 1221 Nevin Avenue in Richmond, California, as the ``Frank
Hagel Federal Building''; and
H.R. 2726. An Act to make certain technical corrections in
laws relating to Native Americans, and for other purposes.
para.9.15 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1124. An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, to reform acquisition
laws and information technology management of the Federal
Government, and for other purposes.
para.9.16 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following day present to the President, for his
approval, a bill of the House of the following title:
On January 26:
H.R. 2880. Making appropriations for fiscal year 1996 to
make a downpayment toward a balanced budget, and for other
purposes.
And then,
para.9.17 adjournment
On motion of Mr. OWENS, at 6 o'clock and 55 minutes p.m., the House
adjourned.
para.9.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BLILEY: Committee on Commerce. H.R. 2036. A bill to
amend the Solid Waste Disposal Act to make certain
adjustments in the land disposal program to provide needed
flexibility, and for other purposes; with an amendment (Rept.
No. 104-454). Referred to the Committee of the Whole House on
the State of the Union.
para.9.19 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BEREUTER:
H.R. 2905. A bill to require a study regarding risk
management fund accounts for farm owners and operators; to
the Committee on Agriculture.
By Mr. COX (for himself, Mr. Young of Alaska, Mr.
Calvert, and Mrs. Vucanovich):
H.R. 2906. A bill to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes; to the Committee on Resources.
By Mr. BLILEY:
H. Res. 349. Resolution providing for the consideration of
S. 534; which was considered under suspension of rules.
By Mrs. MINK of Hawaii (for herself, Mr. Faleomavaega,
Mr. Underwood, and Mrs. Schroeder):
H. Res. 350. Resolution relating to a question of the
privileges of the House; to the Committee on Rules.
para.9.20 private bills and resolutions
Under clause 1 of rule XXII,
Mr. PICKETT introduced a bill (H.R. 2907) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Barefoot'n; to the
Committee on Transportation and Infrastructure.
para.9.21 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
[[Page 221]]
H.R. 218: Mr. Riggs and Mr. Wise.
H.R. 580: Mr. Foley.
H.R. 940: Mr. Brown of Ohio.
H.R. 1050: Mr. Torres.
H.R. 1100: Mr. Greenwood.
H.R. 1573: Mr. Stump.
H.R. 1684: Mrs. Meek of Florida, Mrs. Vucanovich, Mr.
McHugh, Mr. Ackerman, Mrs. Meyers of Kansas, Mr. Moakley,
Mrs. Morella, Mr. Bentsen, Mr. Boehlert, and Mr. LaFalce.
H.R. 1758: Mr. Dellums, Mr. Frazer, Mr. Minge, Mr.
Thompson, and Mr. Farr.
H.R. 1818: Mr. Shadegg.
H.R. 2098: Mr. Dreier and Mr. Solomon.
H.R. 2264: Mr. Sanders.
H.R. 2311: Mr. Watts of Oklahoma.
H.R. 2335: Mr. Paxon, Mr. Weldon of Florida, Mr. Canady,
Mr. Archer, Mr. Coburn, Mr. Collins of Georgia, and Mr.
Hutchinson.
H.R. 2463: Mr. Dicks.
H.R. 2566: Mr. Scarborough.
H.R. 2648: Mr. Ballenger and Mr. Taylor of North Carolina.
H.R. 2658: Mr. Luther and Mrs. Thurman.
H.R. 2723: Mr. Stockman, Mr. Rohrabacher, Mr. Inglis of
South Carolina, Mr. Sam Johnson, Mr. Herger, Mr. Radanovich,
and Mr. Bishop.
H.R. 2731: Mr. Foley.
H.R. 2867: Mr. Bereuter, Mr. Metcalf, Mr. Stearns, Mr.
McKeon, Mr. LaHood, Mr. Funderburk, and Mr. Bachus.
H.R. 2896: Mr. Coburn, Mr. Metcalf, Mr. Bass, Mr. Foley,
Mrs. Myrick, Mrs. Chenoweth, Mr. Solomon, Mr. Bartlett of
Maryland, Mr. Baker of California, Mr. Ehlers, and Mr.
Forbes.
H. Con. Res. 127: Mr. Oberstar, Mr. Paxon, Mr. Obey, Mr.
Ney, Mr. Buyer, Mr. Traficant, Mrs. Kelly, Mr. McHugh, Mr.
Barrett of Wisconsin, Mr. LaFalce, Ms. Kaptur, Mr. Visclosky,
Mr. Murtha, Mr. Stupak, Mr. Quinn, Mr. Frost, Mr. Flanagan,
Mr. LaTourette, Mr. Houghton, and Mr. Kildee.
H. Con. Res. 134: Mr. Franks of Connecticut, Mr. Cremeans,
Mrs. Myrick, Mr. Foley, and Mr. Young of Alaska.
H. Res. 30: Mr. Moakley, Mr. Borski, Mr. Kolbe, Mr. Upton,
Ms. Woolsey, Mr. Camp, and Mr. Jacobs.
.
WEDNESDAY, JANUARY 31, 1996 (10)
para.10.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
RADANOVICH, who laid before the House the following communication:
Washington, DC,
January 31, 1996.
I hereby designate the Honorable George P. Radanovich to
act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.10.2 approval of the journal
The SPEAKER pro tempore, Mr. RADANOVICH, announced he had examined and
approved the Journal of the proceedings of Tuesday, January 30, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.10.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
Under clause 2 of rule XXIV, executive communications were taken from
the Speaker's table and referred as follows:
1988. A letter from the Director of Defense Research and
Engineering, Department of Defense, transmitting the annual
report to Congress describing the activities of the Defense
Production Act fund, pursuant to 50 U.S.C. app. 2094; to the
Committee on Banking and Financial Services.
1989. A communication from the President of the United
States, transmitting a copy of Presidential Determination No.
95-45: Exempting the U.S. Air Force's operating location near
Groom Lake, NV, from any Federal State, interstate, or local
hazardous or solid waste laws that might require the
disclosure of classified information concerning that
operating location to unauthorized persons, pursuant to 42
U.S.C. 6961(a); to the Committee on Commerce.
1990. A letter from the Secretary of Energy, transmitting
the Department's annual report on Federal Government energy
management and conservation programs during fiscal year 1994,
pursuant to 42 U.S.C. 6361(c); to the Committee on Commerce.
1991. A letter from the Chairman, United States Merit
Systems Merit Protection Board, transmitting the 1995 annual
report in compliance with the Inspector General Act
Amendments of 1988, pursuant to Public Law 100-504, section
104(a) (102 Stat. 2525); to the Committee on Government
Reform and Oversight.
1992. A letter from the Secretary of Energy, transmitting
the Department's report entitled ``Coal Research,
Development, Demonstration, and Commercial Application
Programs,'' pursuant to Public Law 102-486, section 1301(d)
(106 Stat. 2972); to the Committee on Science.
1993. A letter from the Secretary of Defense, transmitting
a report on proposed obligations of $5 million of unobligated
funds remaining from fiscal year 1994 cooperative threat
reduction [CTR] funds to complete defense conversion/housing
activities in Ukraine and to obligate $5 million of
unobligated funds remaining from fiscal year 1995 CTR defense
military contracts funds to support strategic offensive arms
elimination [SOAE] in Belarus, pursuant to 22 U.S.C. 5955;
jointly, to the Committees on National Security and
International Relations.
1994. A letter from the Secretary of Health and Human
Services, transmitting the Department's first annual report
to the Congress on tribal program services and expenditures
for the child care and development block grant [CCDBG],
pursuant to Public Law 101-508, section 5082 (104 Stat. 1388-
244); jointly, to the Committees on Economic and Educational
Opportunities and Resources.
1995. A letter from the Director, Audit Oversight and
Liaison, General Accounting Office, transmitting a report
entitled ``Financial Audit: Expenditures by Six Independent
Counsels for the Six Months Ended March 31, 1995'' (GOA/AIMD-
95-233), pursuant to 28 U.S.C. 591 note; jointly, to the
Committees on the Judiciary and Government Reform and
Oversight.
1996. A letter from the Secretaries of the Army and
Agriculture, transmitting notification of the intention of
the Departments of the Army and Agriculture to interchange
jurisdiction of civil works and national forest lands at the
Sam Rayburn Dam and reservoir project and Angelina and Sabine
National Forest, TX, pursuant to 16 U.S.C. 505a; jointly, to
the Committees on Transportation and Infrastructure and
Agriculture.
para.10.4 message from the senate
A message from the Senate by Mr. Lundregan, one if its clerks,
announced that the Senate agrees to the amendments of the House to the
amendments of the Senate to the bill (H.R. 2353) ``An Act to amend title
38, United States Code, to extend certain expiring authorities of the
Department of Veterans Affairs relating to delivery of health and
medical care, and for other purposes.''.
The message also announced that the Senate has passed a concurrent
resolution of the following title, in which the concurrence of the House
is requested:
S. Con. Res. 40. Concurrent Resolution to commemorate the
sesquicentennial of Texas statehood.
The message also announced that pursuant to Public Law 103-227, the
Chair, on behalf of the Republican leader, appoints Mr. Jeffords as a
member of the national education goals panel, vice Mr. Gregg.
The message also announced that in accordance with Public Law 81-754,
as amended by Public Law 93-536 and Public Law 100-365, the Chair, on
behalf of the Vice President, appoints Mr. Hatfield to the National
Historical Publications and Records Commission.
para.10.5 submission of conference report--h.r. 2546
Mr. LIVINGSTON submitted a conference report (Rept. No. 104-455) on
the bill (H.R. 2546) making appropriations for the government of the
District of Columbia and other activities chargeable in whole or in part
against the revenues of said District for the fiscal year ending
September 30, 1996, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.10.6 subpoena
The SPEAKER pro tempore, Mr. HAYWORTH, laid before the House the
following communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 22, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Meredith Cooper, my Chief of Staff, Royal Hart, my
Deputy Chief of Staff, and the custodian of the records in my
Washington office, have all been served with grand jury
subpoenas duces tecum issued by the U.S. District Court for
the Eastern District of Michigan.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoenas is
consistent with the precedents and privileges of the House.
Sincerely,
Barbara-Rose Collins.
para.10.7 recess--4:16 p.m.
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 12 of rule
I, declared the House in recess at 4 o'clock and 16 minutes p.m.,
subject to the call of the Chair, but no later than 5:00 p.m.
para.10.8 after recess--4:28 p.m.
The SPEAKER pro tempore, Mr. HAYWORTH, called the House to order.
[[Page 222]]
para.10.9 waiving points of order against the conference report on h.r.
2546
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-456) the resolution (H. Res. 351) waiving points of order during
consideration of the bill (H.R. 2546) making appropriations for the
government of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for the fiscal
year ending September 30, 1996, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.10.10 authorizing speaker to declare recesses
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-457) the resolution (H. Res. 352) authorizing the Speaker to
declare recesses subject to the call of the Chair from February 2, 1996,
through February 26, 1996.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.10.11 privileges of the house
Mrs. MINK rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 350):
Whereas virtually every nation in the world has adhered to
a moratorium on nuclear tests since September 1992;
Whereas, on June 13, 1995, President Jacques Chirac of
France ended his nation's adherence to the moratorium by
ordering a series of nuclear tests in the South Pacific;
Whereas France has since conducted six nuclear tests on the
Pacific atolls of Moruroa and Fangataufa in French Polynesia;
Whereas France has acknowledged that radioactive materials
from some of the tests have leaked into the ocean;
Whereas, as a result of the tests, the people of the
Pacific are extremely concerned about the health and safety
of those who live near the test sites, as well as the adverse
environmental effects of the tests on the region;
Whereas, in conducting the tests, France has callously
ignored world-wide protests and global concern;
Whereas the United States is one of 167 nations that have
objected to the tests;
Whereas the tests are inconsistent with the ``Principles
and Objectives for Disarmament'', as adopted by the 1995
Review and Extension Conference of the Parties to the Treaty
on Non-Proliferation of Nuclear Weapons;
Whereas, in proceeding with the tests, France has acted
contrary to the commitment of the international community to
the non-proliferation of nuclear weapons and the moratorium
on nuclear testing;
Whereas the President of France, Jacques Chirac, is
scheduled to appear before a joint meeting of the Congress on
February 1, 1996; and
Whereas, in light of the tests, the appearance of the
President of France before the Congress violates the dignity
and integrity of the proceedings of the House: Now,
therefore, be it
Resolved, That, by reason of the recent nuclear tests
conducted by France in the South Pacific, the Speaker of the
House shall take such action as may be necessary to withdraw
the invitation to the President of France, Jacques Chirac, to
address a joint meeting of the Congress, as scheduled to
occur on February 1, 1996.
Sec. 2. On and after the date on which this resolution is
agreed to, the Speaker of the House may not agree to the
appearance before a joint meeting of the Congress by any head
of state or head of government whose nation conducts nuclear
tests.
Mrs. MINK was recognized to speak and said:
``Mr. Speaker, I offer this question of the privileges of the House
because I believe that the invitation to President Jacques Chirac to
address the joint session of the Congress on February 1, 1996 violates
the integrity of the House.
``Despite world wide objection to the resumption of nuclear tests,
President Chirac proceeded with callous disregard to the concerns and
consequences of his actions.
``The House of Representatives Chambers must be reserved to those
individuals whose actions and political courage bring dignity to this
institutional. Invitations to address joint sessions are reserved to
those persons who have demonstrated their leadership and character as
deserving of honor and reverence.
``I believe that many Members of Congress are as offended as I am by
the idea of President Chirac coming to this Chamber to address this
Nation. After refusing to listen to the pleas of hundreds of nations,
and in particular the people of the Pacific rim, why should the Congress
afford him a podium from which to advance his unwelcome views?
``This offense is not just against the people of French Polynesia. It
is an offense against all the people of the world who believed that
there would be an end to the nuclear arms race. For France to resume
nuclear tests in the Pacific after previously announcing an end to these
tests, is a moral travesty that shakes the very foundation of world
governments.
``For France to argue that they needed to do these tests to ensure the
reliability of their nuclear arsenal is to state that the French
Government has repudiated the basis of the Test Ban Treaty which is that
nuclear war is impossible and that no government should be planning for
such an inevitability.
``If those nations who possess the nuclear bomb are allowed with
opprobrium to re-test their arsenal, then the appeal to others not to
seek nuclear capability is an empty gesture at best. At a critical time
when we want to curb the nuclear adventures in China and other
countries, how do we justify playing host to a Western Power who has
already conducted 192 tests, most of them in the Pacific, 140 of them
underground and yet insisted that it needed 8 more tests to prove its
reliability, and to perfect its computer based simulation technology.
``Sadly President Chirac's decision opens the way for other nations
to squander our precious environment for their own purposes. Why is
France's national security of greater importance than other nations?
``The sixth and last nuclear blast that was set off by the French
Government on January 27, 1996, in Fangataufa Atoll in French Polynesia
had the equivalency to 120,000 tons of TNT, more than six times the
Hiroshima bomb.
``This defiance of international policy, and deliberate renunciation
of their own government's prior announcement of a test ban moratorium
must not be received by this Chamber with regular order.
``On the contrary, I believe, as I have stated in this resolution
that the invitation should be withdrawn on the basis that his presence
in this Chamber would constitute approval of his conduct in this
regard.
``Other than this resolution we had no opportunity to express our
disapproval of this invitation. I urge this House to approve this
resolution and serve notice to the world of our solemn adherence to a
nuclear free world.''.
Mr. LEWIS of Georgia was recognized to speak and said:
``Mr. Speaker, I want to join with my colleagues to strongly protest
France's actions in the South Pacific. I am pleased that France has
stopped testing its nuclear weapons. But I must say--it is too late. The
damage has been done.
``France ignored the pleas of the governments and people of the South
Pacific and throughout the world. We live on this planet together. We
share its bounty. These are our oceans, our land, our people. We must
respect each other.
``President Chirac did not listen to the groans and moans, the hopes,
the dreams and the aspirations of those who are longing for a planet
free of nuclear waste, free of nuclear destruction, free of nuclear
poison. This man--this President of France and his government--refused
to listen to the community of nations.
``And now, he wants to come to our house. To the people's house.
President Chirac, our people do not support nuclear testing. Our people
do not support radiation in the waters. Our people do not support a
government that ignores the community of nations.
``Six times, France has poisoned our earth. Six times, nuclear poison
has seeped into the waters of this little planet. This poison remains
with each and every one of us.
``If France truly wants to atone for its wrongs, they must apologize
to the people of the South Pacific. They must join with them to right
the wrongs, to help heal the environment, to help heal the hurt.
``As France's actions demonstrate, nuclear testing should be banned
from this planet forever. We must never again engage in this desolate
deed. It is time to evolve to another level, to a better world where we
lay down the tools of poison and destruction and respect the community
of nations.
``Nuclear testing is obsolete. Nuclear testing is evil. To paraphrase
the words
[[Page 223]]
of Mahatma Gandhi, `Noncooperation with evil is as much a moral
obligation as cooperation with good.'
``So I cannot be silent. I cannot close my eyes to France's deeds.
``I know France is our ally, but even with our good friends, we must
have the courage to say that a wrong is wrong. We must have the courage
to do what is right. I don't know about any other Member, but for me and
my house, I will not be seated here tomorrow when Mr. Chirac comes to
this House.''.
Ms. JACKSON-LEE was recognized to speak and said:
``Mr. Speaker, I rise to speak on the privileged resolution of the
gentlewoman from Hawaii [Mrs. Mink].
``Mr. Speaker, I think that rule IX in particular speaks to the
integrity and collective impact on this body.
``Mr. Speaker, I respect the people of France as I do all of our world
citizens, and I also know that there is some good to nuclear testing.
``I think, Mr. Speaker, that we recognize that over the past decade,
the international community has agreed that nuclear-weapon testing is a
practice that must be ceased for the good of both humanity and Mother
Earth. As evidence, the nations of the world are currently in Geneva
negotiating the Comprehensive Test Ban Treaty. Additionally as early as
1985, the countries of the South Pacific Forum negotiated and signed the
Rarotonga Treaty establishing the South Pacific Free Zone.
``Mr. Speaker, this body has invited many individuals to be at the
helm and provide insight and information to this august body, this
Nation, and, of course, the American people. It is a responsibility of
this body to ensure that factual information is exuded from this body.
And I believe that in allowing this leader to come, it goes against the
factual basis of this country's standing on nuclear testing.
``In spite of this international effort to end nuclear testing on our
planet, the French Government, of which this leader will represent,
chose to ignore the interests and the pleas of many Pacific nations and
conduct its six full-scale detonations of its TN75.
``Mr. Speaker, in light of this singularly egotistical decision, I
believe that it is inappropriate for this body to invite President
Chirac to speak before it. It is a question of presenting of the facts
to the American people. His presence here only serves to defend, however
subtly, these deplorable tests. I believe that although this Government
did not vigorously speak out against these tests, we can now help to
correct that error by giving symbolic support to our Pacific allies. Why
should we be party to repairing the credibility of President Chirac when
he has marginalized both the Pacific neighbors to these tests and the
international community?
``Mr. Speaker, I think it is important that we in this body have the
responsibility to uphold the laws of this land, the policies of this
land, and the policies of this land have been to date that we have not
supported nuclear proliferation or the testing of nuclear weapons.
``For this body's integrity to stand as under rule IX and privileged
resolutions, I would say to you that we have the responsibility to
disinvite this President, for this impacts the collective integrity of
this body.
``It should be noted also, Mr. Speaker, that although President
Chirac has decided to stop the nuclear tests, it was hardly due to
respect for any nation other than his own. Before the tests even began,
he stated France, and France only, would, indeed, conduct six to eight
tests, and the gentleman has been good to his word.
``Mr. Speaker, this is an honorable institution and under rule IX I
think it is our responsibility again to preserve its integrity. I would
ask that the privileged resolution be considered and, of course,
accepted by this body, and that we uninvite President Chirac in order
to maintain the collective responsibility of the United States House of
Representatives.
``Mr. Speaker, I respect the people of France as I do all of our
world citizens. I also know there is some good in nuclear technology.
Mr. Speaker, over the past decade, the international community has
agreed that nuclear-weapon testing is a practice that must be ceased,
for the good of both humanity and Mother Earth. As evidence, the
nations of the world are currently in Geneva negotiating the
Comprehensive Test Ban Treaty. Additionally, as early as 1985, the
countries of the South Pacific Forum negotiated and signed the
Rarotonga Treaty, establishing the South Pacific Free Zone.
``Yet, in spite of this international effort to end nuclear testing
on our planet, the French Government chose to ignore the interests and
pleas of many Pacific nations and conducted six full-scale detonations
of its TN75 warheads.
``Mr. Speaker, in light of this singularly, egotistical decision, I
believe that it is inappropriate for this body to invite President
Chirac to speak before it. His presence here only serves to defend,
however, subtlely, these deplorable tests. I believe that although this
Government did not vigorously speak out against these tests, we can now
help to correct that error by giving symbolic support to our Pacific
allies. Why should we be party to repairing the credibility of
President Chirac when he has marginalized both the Pacific neighbors to
his tests, and the international community.
``It should be noted that although President Chirac has decided to
stop the nuclear tests, it was hardly due to his respect for any nation
other than his own. Before the tests even began, he stated that France
would indeed conduct six to eight tests, and the gentleman has been
good to his word.
``Mr. Speaker, this is an honorable institution, let us preserve its
integrity.''.
Mr. FALEOMAVAEGA was recognized to speak and said:
``Mr. Speaker, as I have spoken earlier concerning the issue now
before this body, the question of privilege, in terms of the tradition
of the House and whether or not the President of France should be
honored or be given the privilege of addressing a joint session of
Congress tomorrow, as I speak, Mr. Speaker, as it is true with almost
every young American learning about civics, the history of our Nation
itself, how it was conceived, the fact that this Nation itself has a
tradition of being a former colony of the British Empire, the fact that
there are some very fundamental traditions that I think I can say
without equivocation about what America stands for, the principles of
democracy and human rights and all due respect for other human beings
to live in their respective areas or regions, as I speak before my
colleagues in this body, I notice there are only two murals or two
picture frames that are part of the decor of our Chamber, and that of
the great President, our first President of the United States, George
Washington, and I see on the other corner of this Chamber a great
leader, a great French patriot by the name of Marquis de Lafayette, a
great patriot who supported wholeheartedly the cause of the
American colony for its interests in wanting very much to be free from
the shackles of British colonialism, and the fact that representation
without taxation, as a principle, simply was not in order, and the fact
that our country was conceived in blood, and we fought for those
freedoms against British colonialism.
``So I think in the spirit of tradition and what we talk about the
great Lafayette that came and helped us tells us something about what
it means to be a free human being, what it means to go against
colonialism, what it means to believe in the principles of democracy,
human rights, and the right of human beings to live. I think this is
the core of the issue that is now before us, and the privileged
resolution expressing this sense, strong sense, among the Members of
this Chamber that the Speaker ought not extend an invitation to the
President of France to address us at a joint session tomorrow.
``I support wholeheartedly the provisions of this resolution, and I
ask my colleagues in this Chamber to help us by making this point. The
point is that this man really did not have to permit six nuclear
explosions, to do this nuclear testing, despite the fact of
protestations of some 167 nations, 28 million people who live in the
Pacific region, 200,000 of their own citizens in French Polynesia who
also opposed the testing, and ironically of all, Mr. Speaker, 60
percent of the French people themselves did not want President Chirac
to conduct this nuclear testing. It is an abomination. It is an
outrage.
[[Page 224]]
``Mr. Speaker, I ask my colleagues, do not support the Speaker's
invitation by allowing this man to address the Chamber tomorrow.''.
Mr. UNDERWOOD was recognized to speak and said:
``Mr. Speaker, as an American citizen and as a Pacific Islander, I
must rise today in strong support of the privileged resolution offered
by the gentlewoman from Hawaii [Mrs. Mink].
``This resolution speaks to the issue of this body's integrity because
of President Chirac's behavior, and in order to argue that President
Chirac should, in fact, should be disinvited, we must analyze President
Chirac's duplicitous and cynical behavior in the conduct of nuclear
testing in the South Pacific.
``A speech before a joint session of Congress is President Chirac's
way of trying to win back the good graces of this body and of world
opinion and to recover some very lost credibility. After he has ignored
world opinion for over 4 months by proceeding with these series of
tests, he does not deserve the honor of speaking before this body. Just
days prior to their final nuclear test, thousands of miles from the
French capital, France acknowledged radioactive waste was leaked, and in
fact, frequently vented into the lagoon adjacent to the test site. Of
course, this did not stop France from finishing their last test.
``And now the French President wants this Congress as his audience.
With the precedent of inviting someone responsible for a potentially
major environmental disaster in the Pacific, you have to wonder who the
congressional leadership will invite next. Can we expect to hear a joint
session speech by the captain of the Exxon Valdez, the manager of Three
Mile Island, or maybe we will have the opportunity to attend a joint
session by the director the Chernobyl nuclear power plan.
``I ask this body, I implore this body to support the privileged
resolution offered by the gentlewoman from Hawaii [Mrs. Mink].''.
Mrs. CLAYTON was recognized to speak and said:
``Mr. Speaker, I will be brief, and maybe you can hear both of us. I
will abbreviate my remarks.
``I just want to join in strong support of the privileged resolution
that is offered by the gentlewoman from Hawaii [Mrs. Mink] and also to
say that the dignity and integrity of who we invite, who speaks from
that well says volumes about what is important to us as Americans.
``Americans have gone on record of not advocating the proliferation of
nuclear testing, and yet the President of France has negated that
altogether, although France itself has signed that treaty.
``So I implore all of my Members and colleagues that this will say
volumes about our integrity when we sign a treaty that we would honor
that and certainly we should not give the well to someone who violated
the treaty.
Mrs. COLLINS of Illinois was recognized to speak and said:
``Mr. Speaker, my concern, as was pointed out a few minutes ago,
Lafayette over there was one who believed in justice and the fact that
we would have a free country here or should have. I thought it was very
interesting that it was the French, indeed, who sent us the Statue of
Liberty, you know, the great symbol of freedom for our country.
``Yet here is the President of that great country who has decided to
do some nuclear testing. You know, we believe in fairness, but we
believe in not having nuclear proliferation in our country, and to have
that very President of that country to come before us in a joint session
sends a message that we endorse what he did. We do not endorse what he
did.
``I think, therefore, that we should certainly follow and support the
privileged resolution offered by the gentlewoman from Hawaii [Mrs.
Mink]. I think it makes a great deal of sense to do so.
``It seems to me we ought to disinvite the President; in fact, we urge
the Speaker to disinvite, if he can, the President of France, because it
is something that we do not want to be associated with.
Mrs. MEEK was recognized to speak and said:
``Mr. Speaker, first of all, anyone who is within earshort of my
words, we should strongly and vehemently oppose any visit by the French
President Chirac.
``We stand firmly to support the gentlewoman from Hawaii [Mrs. Mink]
and her resolution which does not stand for anything extraordinary. It
stands up for a clean environment. It stands for the health and safety
of the residents of this country. It stands for honor among all the
world's peoples, and to think that we are recognizing him as someone to
come hear and address a joint meeting of Congress is, to me, really
abominable and that we would allow that to happen. He should not be
invited. We should put the strength of our voices against this by not
even appearing here tomorrow and to show strength behind the resolution
offered by the gentlewoman from Hawaii [Mrs. Mink].
``Do not be discouraged. The way to take care of this is to boycott
his visit. He will address this body. He has not thought about the human
rights of this country. We have come a long way in that. He has not
thought about our environmental concerns, how far we have come. We will
not turn back. He has not thought about health and safety.
``So he has been able to say this to the Pacific islanders, well, we
will go ahead and run these tests on your shores. Think about it, it may
be your shores next.''.
Mr. PAYNE of New Jersey was recognized to speak and said:
``Mr. Speaker, as a member of the International Relations Committee, I
question the invitation to French President Jacques Chirac's address to
the joint session of Congress on tomorrow.
``I am strongly opposed to any nuclear tests in the South Pacific. The
French have already conducted a total of 6 nuclear tests.
``They have directly violated international law. The United States has
ratified Conventions and Comprehensive Test Ban Treaties. Chirac's tests
are contradictory to the codes outlined in the `Principles and
Objectives for Disarmament.'
``This was adopted by the 1995 Review and Extension Conference of the
Parties to the Treaty on Non-Proliferation of Nuclear Weapons.
``We are living in a post-cold-war era. The United States and its
allies have made a commitment to nuclear non-proliferation. France has
breached the contract by not adhering to the moratorium.
``On June 13, 1995, President Jacques Chirac ordered a series of
nuclear tests in the South Pacific. This has outraged members of the
international community.
``Chirac is endangering the land on and above the French Polynesia's
coral atolls. They have conducted approximately 187 nuclear detonations
since 1966.
``Radioactive materials from their tests have caused environmental
damage.
``The coral reefs in the sea and the bordering islands have been
affected by the nuclear explosions.
``Nuclear proliferation will not be tolerated in this post-cold war
era. Despite many critical attempts to halt nuclear testing in the
Pacific Basin by 166 nations, French nuclear testing remains.
``The threat of nuclear exposure is a concern not only to the people
of Pacific but to all of us in the international community.
``We must curb the nuclear arms race with China, Iran, North Korea,
and now even France.
``Mr. Speaker, if we allow Chirac to come and speak to the Members of
Congress, we will be saying OK to the nuclear arms race. We should not
support this measure.''.
Mr. ABERCROMBIE was recognized to speak and said:
``Mr. Speaker, because I believe that the issue under consideration as
embodied in the privileged resolution most certainly is in order to be
discussed, should we pass this privileged resolution, and the decision
as to whether or not we should pass the privileged resolution and
whether or not we should pass the privileged resolution and whether it
is properly before us is yours to make.
``I would like to argue, Mr. Speaker, as follows: That in the House
rules and manual which the Parliamentarian has been kind enough to
provide to me, there are numerous citations in here with respect to
precedents as to the
[[Page 225]]
question of personal privilege, questions of privilege, in the absence
of a quorum, et cetera.
``But fundamentally and elementally what is before the Chair is as
follows: The question of privilege shall be first those affecting the
rights of the House collectively, its safety, dignity, integrity of its
proceedings.
``I do not think that is necessarily at issue here. Probably a rather
abstract argument or intellectual argument could be made it is.
``But I rest my case to the Chair on the second part, those affecting
the rights, reputation, and conduct of Members individually in their
representative capacity only.
``Mr. Speaker, we have in the Pacific, aside from the representation
with the capacity to vote on this floor existing in Hawaii, Members
from Guam and American Samoa. In addition, we have certain jurisdiction
over island groupings in the Pacific under the Department of the
Interior.
``Mr. Speaker, I maintain to the Chair and to the Members that the
rights and reputation and conduct of Members individually in their
representative capacity is seriously impaired if they cannot succeed in
being able to make an argument to the floor Members assembled as to
whether or not Mr. Chirac should be able to appear.
``I do believe it is well within the boundaries, because those
Members cannot vote on this floor. Their representative capacity is
solely on the basis of being able to persuade us on behalf of the
peoples of the Pacific that there are matters which require our
attention. This privileged resolution is directed exactly at that
issue. Questions about radioactivity, and so forth, would be discussed
under that privileged resolution as to why an affirmative vote is
sought.
``So, Mr. Speaker, I most sincerely request your favorable ruling
with respect to the question of privilege, and ask that it be allowed
to be voted on, because this is the only way that the peoples of the
Pacific, through their representatives, particularly from Guam and
American Samoa, who do not have the right to vote on this floor, will
be able to make a representation that they are otherwise obligated and
required to do so by virtue of their presence here on the floor.
``It is clear, it seems to me, given the massive implications of
radioactive leakage in the Pacific with the numerous explosions that
have taken place in these tests, that other than through this
representation through the privileged motion, the desirability or
undesirability of having Mr. Chirac speak will not be able to be
adequately addressed, and it seems to me a very powerful argument can
be made for that, should we be allowed to proceed.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, ruled that the
resolution submitted did not present a question of the privileges of
the House under rule IX, and said:
``The Speaker has been authorized to declare a recess by order of the
House to accommodate the joint meeting with the Senate in order to
receive President Chirac. This standing order was established by
unanimous consent on Friday, January 26, 1996. No objection was heard,
and the Speaker was authorized to declare a recess to receive President
Chirac.
``If there had been objection by any Member to the appearance of
President Chirac before a joint meeting of Congress, a resolution
reported from the Committee on Rules and adopted by the House might
have been required to establish the order for the joint meeting. As is
customary for all joint meetings to receive foreign dignitaries and
heads of state, the letter of invitation to President Chirac was not
transmitted until both Houses had agreed to receive the invitee.
``Procedures exist within the rules of the House to permit the House
to vote on the authorization of joint meetings where objection is made
to that arrangement. The Chair does not believe it proper to
collaterally challenge such standing order of the House under the guise
of a question of privilege.
``As recorded on page 362 of the House Rules and Manual, on February
3, 1993, Speaker Foley ruled that a question of privilege could not be
used to collaterally challenge the validity or fairness of an adopted
rule of the House by delaying its implementation. In addition, as
recorded on page 361 in the House Rules and Manual, a question of the
privileges of the House may not be invoked to effect a change in the
Rules of the House.
``The gentlewoman's resolution would, in effect, constitute a new
rule of the House restricting the issuance of invitations to future
joint meetings, and, therefore, does not constitute a question of the
privileges of the House.
``Also, no question of personal privilege of individual Members under
rule IX is involved at this time.''.
Mrs. MINK appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgement of the House?
Ms. PRYCE moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the
Chair?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to
was, by unanimous consent, laid on the table.
para.10.12 h. res. 349 --unfinished business
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
clause 5, rule I, announced the unfinished business to be the motion to
suspend the rules and agree to the resolution (H. Res. 349) providing
for the consideration of the bill of the Senate (S. 534) to amend the
Solid Waste Disposal Act to provide authority for States to limit the
interstate transportation of municipal solid waste, and for other
purposes.
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
two-thirds of those present had voted in the affirmative.
Mr. BOUCHER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
150
When there appeared
<3-line {>
Nays
271
para.10.13 [Roll No. 20]
YEAS--150
Abercrombie
Ackerman
Andrews
Baker (LA)
Baldacci
Ballenger
Bevill
Bilbray
Bilirakis
Bliley
Boehlert
Bono
Brewster
Browder
Bunn
Calvert
Canady
Cardin
Chambliss
Clement
Coble
Collins (GA)
Cramer
Cunningham
Davis
Deal
DeFazio
DeLauro
Deutsch
Diaz-Balart
Doolittle
Dunn
Edwards
Ehlers
Engel
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Furse
Gallegly
Ganske
Gejdenson
Gilchrest
Gillmor
Gilman
Goodling
Goss
Gunderson
Gutknecht
Hansen
Hastings (FL)
Hayes
Herger
Hobson
Hoekstra
Houghton
Hunter
Hyde
Jacobs
Johnson (CT)
Johnston
Kelly
Kennedy (RI)
Kennelly
Kim
King
Kleczka
Klug
Lazio
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Luther
Manton
Martini
McCarthy
McCollum
McCrery
McDade
McHugh
McKeon
McNulty
Menendez
Metcalf
Mica
Miller (FL)
Minge
Molinari
Moran
Myrick
Nethercutt
Norwood
Oberstar
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Peterson (FL)
Peterson (MN)
Quinn
Ramstad
Rangel
Reed
Riggs
Rogers
Ros-Lehtinen
Roukema
Sabo
Sawyer
Saxton
Schaefer
Schumer
Shaw
Shays
Smith (MI)
Smith (NJ)
Solomon
Stearns
Tauzin
Taylor (NC)
Thomas
Thurman
Torricelli
Upton
Vento
Waldholtz
Walker
Walsh
Weldon (FL)
Weldon (PA)
White
Whitfield
Wilson
Wolf
Wynn
Young (AK)
Zimmer
NAYS--271
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bishop
Blute
Boehner
Bonilla
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Castle
[[Page 226]]
Chabot
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clinger
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Danner
de la Garza
Dellums
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Durbin
Ehrlich
Emerson
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Flanagan
Foglietta
Ford
Frank (MA)
Frost
Funderburk
Gekas
Gephardt
Gibbons
Gonzalez
Goodlatte
Gordon
Graham
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hoke
Holden
Horn
Hostettler
Hoyer
Hutchinson
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kennedy (MA)
Kildee
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Leach
Levin
Lewis (CA)
Lewis (GA)
Lincoln
Lofgren
Lucas
Maloney
Manzullo
Markey
Martinez
Mascara
Matsui
McDermott
McHale
McInnis
McIntosh
McKinney
Meehan
Meek
Meyers
Mfume
Miller (CA)
Mink
Moakley
Mollohan
Montgomery
Moorhead
Murtha
Myers
Nadler
Neal
Neumann
Ney
Nussle
Obey
Olver
Ortiz
Orton
Parker
Payne (VA)
Pelosi
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Regula
Richardson
Rivers
Roberts
Roemer
Rohrabacher
Roth
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Scarborough
Schiff
Schroeder
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Tiahrt
Torkildsen
Torres
Towns
Traficant
Velazquez
Visclosky
Volkmer
Vucanovich
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weller
Wicker
Williams
Wise
Woolsey
Yates
Young (FL)
Zeliff
NOT VOTING--12
Bryant (TX)
Chapman
DeLay
Filner
Flake
Geren
Johnson (SD)
Morella
Owens
Rose
Stockman
Wyden
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said resolution was not agreed
to.
para.10.14 h.r. 2036--unfinished business
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
clause 5, rule I, announced the further unfinished business to be the
motion to suspend the rules and pass the bill (H.R. 2036) to amend the
Solid Waste Disposal Act to make certain adjustments in the land
disposal program to provide needed flexibility, and for other purposes;
as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
two-thirds of those present had voted in the affirmative.
Mr. MARKEY demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
402
<3-line {>
affirmative
Nays
19
para.10.15 [Roll No. 21]
AYES--402
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Metcalf
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--19
Andrews
Bunning
Collins (MI)
Conyers
DeFazio
Dellums
Evans
Gejdenson
Hinchey
Johnston
Markey
McKinney
Menendez
Nadler
Pallone
Payne (NJ)
Sanders
Schroeder
Yates
NOT VOTING--12
Bryant (TX)
Chapman
DeLay
Filner
Flake
Geren
Jacobs
Johnson (SD)
Morella
Rose
Stockman
Wyden
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.10.16 notice requirement--consideration of resolution--question of
privileges
Ms. JACKSON-LEE, pursuant to clause 2(a)(1) of rule IX, announced her
[[Page 227]]
intention to call up the following resolution, as a question of the
privileges of the House:
Whereas the inability of the House to pass a bill to raise
the public debt limit will cause the Federal Government to
default on its obligations and affect the dignity and
integrity of House proceedings; and
Whereas the inability of the House to pass a bill to raise
the public debt limit will cause severe hardship on Federal
employees, Federal contractors, and the American people and
cause millions of American citizens to hold the House in
disrepute: Now, therefore, be it
Resolved, That upon the adoption of this resolution, the
Speaker of the House shall take such action to keep the House
in session until the House considers a clean bill regarding
the debt ceiling to avoid default of the full faith and
credit of the United States.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
foregoing notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Speaker in the legislative schedule within two
legislative days of its being properly noticed. That designation will be
announced at a later time. In the meantime, the form of the resolution
proffered by the gentlewoman from Texas will appear in the Record at
this point.
``The Chair is not at this point making a determination as to whether
the resolution constitutes a question of privilege. That determination
will be made at the time designated for consideration of the
resolution.''.
para.10.17 waiving points of order against the conference report on
h.r. 2546
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 351):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 2546) making appropriations for the government of
the District of Columbia and other activities chargeable in
whole or in part against the revenues of said District for
the fiscal year ending September 30, 1996, and for other
purposes. All points of order against the conference report
and against its consideration are waived. The conference
report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.10.18 d.c. appropriations, fy 1996
Mr. WALSH, pursuant to House Resolution 351, called up the following
conference report (Rept. No. 104-455):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2546) ``making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1996, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Government of the District of Columbia for the fiscal year
ending September 30, 1996, and for other purposes, namely:
TITLE I--FISCAL YEAR 1996 APPROPRIATIONS
Federal Payment to the District of Columbia
For payment to the District of Columbia for the fiscal year
ending September 30, 1996, $660,000,000, as authorized by
section 502(a) of the District of Columbia Self-Government
and Governmental Reorganization Act, Public Law 93-198, as
amended (D.C. Code, sec. 47-3406.1).
Federal Contribution to Retirement Funds
For the Federal contribution to the Police Officers and
Fire Fighters', Teachers', and Judges' Retirement Funds, as
authorized by the District of Columbia Retirement Reform Act,
approved November 17, 1979 (93 Stat. 866; Public Law 96-122),
$52,070,000.
Federal Contribution for Educational Reform
For a Federal contribution to Education Reform, $14,930,000
which shall be deposited into an escrow account of the
District of Columbia Financial Responsibility and Management
Assistance Authority, pursuant to section 205 of Public Law
104-8, approved April 17, 1995 (109 Stat. 131), and shall be
disbursed from such account pursuant to the instructions of
the Authority and in accordance with title II of this Act,
where applicable, as follows:
$200,000 shall be available for payments to charter
schools;
$300,000 shall be available for Public Charter School
Board;
$2,000,000 shall be transferred directly, notwithstanding
any other provision of law, to the United States Department
of Education for awarding grants to carry out Even Start
programs in the District of Columbia as provided for in
Subtitle C of title II of this Act;
$1,250,000 shall be available to establish core curriculum,
content standards, and assessments;
$500,000 shall be available for payment to the
Administrator of the General Services Administration for the
costs of developing engineering plans for donated work on
District of Columbia public school facilities;
$100,000 shall be available to develop a plan for a
residential school;
$860,000 shall be available for the District Education and
Learning Technologies Advancement Council;
$1,450,000 shall be available to the District Employment
and Learning Center;
$1,000,000 shall be available for a professional
development program for teachers and administrators
administered by the nonprofit corporation selected under
section 2701 of title II of this Act;
$1,450,000 shall be available for the Jobs for D.C.
Graduates Program;
$70,000 shall be available for the Everybody Wins program:
Provided, That $35,000 of this amount shall not be available
until the Superintendent certifies to the Chairman of the
District of Columbia Financial Responsibility and Management
Assistance Authority that he has raised a like amount from
private sources;
$100,000 shall be available for the Fit Kids program:
Provided, That $50,000 of this amount shall not be available
until the Superintendent certifies to the Chairman of the
District of Columbia Financial Responsibility and Management
Assistance Authority that he has raised a like amount from
private sources;
$250,000 shall be transferred directly, notwithstanding any
other provision of law, to the United States Department of
Education to carry out the evaluation of the scholarship
program as provided for in Subtitle N of title II of this
Act;
$400,000 shall be available to the District of Columbia
Public Schools to improve security (such as installing
electronic door locking devices) at such schools, including
at a minimum the following schools: Winston Education Center;
McKinley High School; Ballou High School; and Cardozo High
School; and
$5,000,000 shall be available for scholarships for low-
income students and shall not be disbursed by the Authority
until the Authority receives a certification from the
District of Columbia Scholarship Corporation that the
proposed allocation between the tuition scholarships and
enhanced achievement scholarships has been approved by the
Council of the District of Columbia consistent with the
Scholarship Corporation's most recent proposal concerning the
implementation of the low-income scholarship program. These
funds shall lapse and be returned by the Authority to the
U.S. Treasury on September 30, 1996, if the required
certification from the Scholarship Corporation is not
received by July 1, 1996: Provided, That no funds provided
under this heading may be used for any indirect cost charges
of the District of Columbia Board of Education, the District
of Columbia Public Schools or the District of Columbia
government.
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided.
Governmental Direction and Support
Governmental direction and support, $149,130,000 and 1,498
full-time equivalent positions (end of year) (including
$117,464,000 and 1,158 full-time equivalent positions from
local funds, $2,464,000 and 5 full-time equivalent positions
from Federal funds, $4,474,000 and 71 full-time equivalent
positions from other funds, and $24,728,000 and 264 full-time
equivalent positions from intra-District funds): Provided,
That not to exceed $2,500 for the Mayor, $2,500 for the
Chairman of the Council of the District of Columbia, and
$2,500 for the City Administrator shall be available from
this appropriation for expenditures for official purposes:
Provided, further, That any program fees collected from the
issuance of debt shall be available for the payment of
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood
from its own locally-generated revenues: Provided further,
That $29,500,000 is for pay-as-you-go capital projects of
which $1,500,000 shall be for a capital needs assessment
study, and $28,000,000 shall be for a new financial
management system, if so determined following
[[Page 228]]
the evaluation and review process subsequently described in
this paragraph, of which $2,000,000 shall be used to develop
a needs analysis and assessment of the existing financial
management environment, and the remaining $26,000,000 shall
be used to procure the necessary hardware and installation of
new software, conversion, testing and training: Provided,
further, That the $26,000,000 shall not be obligated or
expended until: (1) the District of Columbia Financial
Responsibility and Management Assistance Authority submits a
report to the Committees on Appropriations of the House and
the Senate, the Committee on Governmental Reform and
Oversight of the House, and the Committee on Governmental
Affairs of the Senate reporting the results of a needs
analysis and assessment of the existing financial management
environment, specifying the deficiencies in, and recommending
necessary improvements to or replacement of the District's
financial management system including a detailed explanation
of each recommendation and its estimated cost; and (2) 30
days lapse after receipt of the report by Congress.
Economic Development and Regulation
Economic development and regulation, $140,983,000 and 1,692
full-time equivalent positions (end-of-year) (including
$68,203,000 and 698 full-time equivalent positions from local
funds, $38,792,000 and 509 full-time equivalent positions
from Federal funds, $17,658,000 and 258 full-time equivalent
positions from other funds, and $16,330,000 and 227 full-time
equivalent positions from intra-District funds): Provided,
That the District of Columbia Housing Finance Agency,
established by section 201 of the District of Columbia
Housing Finance Agency Act, effective March 3, 1979 (D.C. Law
2-135; D.C. Code, sec. 45-2111), based upon its capability of
repayments as determined each year by the Council of the
District of Columbia from the Housing Finance Agency's annual
audited financial statements to the Council of the District
of Columbia, shall repay to the general fund an amount equal
to the appropriated administrative costs plus interest at a
rate of four percent per annum for a term of 15 years, with a
deferral of payments for the first three years: Provided
further, That notwithstanding the foregoing provision, the
obligation to repay all or part of the amounts due shall be
subject to the rights of the owners of any bonds or notes
issued by the Housing Finance Agency and shall be repaid to
the District of Columbia government only from available
operating revenues of the Housing Finance Agency that are in
excess of the amounts required for debt service, reserve
funds, and operating expenses: Provided further, That upon
commencement of the debt service payments, such payments
shall be deposited into the general fund of the District of
Columbia.
Public Safety and Justice
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, including
130 for police-type use and five for fire-type use, without
regard to the general purchase price limitation for the
current fiscal year, $963,848,000 and 11,544 full-time
equivalent positions (end-of-year) (including $940,631,000
and 11,365 full-time equivalent positions from local funds,
$8,942,000 and 70 full-time equivalent positions from Federal
funds, $5,160,000 and 4 full-time equivalent positions from
other funds, and $9,115,000 and 105 full-time equivalent
positions from intra-District funds): Provided, That the
Metropolitan Police Department is authorized to replace not
to exceed 25 passenger-carrying vehicles and the Fire
Department of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles
annually whenever the cost of repair to any damaged vehicle
exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be
available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That
the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and
Senate on efforts to increase efficiency and improve the
professionalism in the department: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police Department
to submit to any other procurement review process, or to
obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: Provided further,
That $250,000 is used for the Georgetown Summer Detail;
$200,000 is used for East of the River Detail; $100,000 is
used for Adams Morgan Detail; and $100,000 is used for the
Capitol Hill Summer Detail: Provided further, That the
Metropolitan Police Department shall employ an authorized
level of sworn officers not to be less than 3,800 sworn
officers for the fiscal year ending September 30, 1996:
Provided further, That funds appropriated for expenses under
the District of Columbia Criminal Justice Act, approved
September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C.
Code, sec. 11-2601 et seq.), for the fiscal year ending
September 30, 1996, shall be available for obligations
incurred under the Act in each fiscal year since inception in
the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia
Neglect Representation Equity Act of 1984, effective March
13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the
fiscal year ending September 30, 1996, shall be available for
obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1985: Provided further, That
funds appropriated for expenses under the District of
Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986, effective February 27, 1987
(D.C. Law 6-204; D.C. Code, sec. 21-2060), for the fiscal
year ending September 30, 1996, shall be available for
obligations incurred under the Act in each fiscal year since
inception in fiscal year 1989: Provided further, That not to
exceed $1,500 for the Chief Judge of the District of Columbia
Court of Appeals, $1,500 for the Chief Judge of the Superior
Court of the District of Columbia, and $1,500 for the
Executive Officer of the District of Columbia Courts shall be
available from this appropriation for official purposes:
Provided further, That the District of Columbia shall operate
and maintain a free, 24-hour telephone information service
whereby residents of the area surrounding Lorton prison in
Fairfax County, Virginia, can promptly obtain information
from District of Columbia government officials on all
disturbances at the prison, including escapes, riots, and
similar incidents: Provided further, That the District of
Columbia government shall also take steps to publicize the
availability of the 24-hour telephone information service
among the residents of the area surrounding the Lorton
prison: Provided further, That not to exceed $100,000 of this
appropriation shall be used to reimburse Fairfax County,
Virginia, and Prince William County, Virginia, for expenses
incurred by the counties during the fiscal year ending
September 30, 1996, in relation to the Lorton prison complex:
Provided further, That such reimbursements shall be paid in
all instances in which the District requests the counties to
provide police, fire, rescue, and related services to help
deal with escapes, fires, riots, and similar disturbances
involving the prison: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for
expenses incurred in connection with services that are
performed in emergencies by the National Guard in a militia
status and are requested by the Mayor, in amounts that shall
be jointly determined and certified as due and payable for
these services by the Mayor and the Commanding General of the
District of Columbia National Guard: Provided further, That
such sums as may be necessary for reimbursement to the
District of Columbia National Guard under the preceding
proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting
payment in advance for emergency services involved.
Public Education System
Public education system, including the development of
national defense education programs, $795,201,000 and 11,670
full-time equivalent positions (end-of-year) (including
$676,251,000 and 9,996 full-time equivalent positions from
local funds, $87,385,000 and 1,227 full-time equivalent
positions from Federal funds, $21,719,000 and 234 full-time
equivalent positions from other funds, and $9,846,000 and 213
full-time equivalent positions from intra-District funds), to
be allocated as follows: $580,996,000 and 10,167 full-time
equivalent positions (including $498,310,000 and 9,014 full-
time equivalent positions from local funds $75,786,000 and
1,058 full-time equivalent positions from Federal funds,
$4,343,000 and 44 full-time equivalent positions from other
funds, and $2,557,000 and 51 full-time equivalent positions
from intra-District funds), for the public schools of the
District of Columbia; $111,800,000 (including $111,000,000
from local funds and $800,000 from intra-District funds)
shall be allocated for the District of Columbia Teachers'
Retirement Fund; $79,396,000 and 1,079 full-time equivalent
positions (including $45,388,000 and 572 full-time equivalent
positions from local funds, $10,611,000 and 156 full-time
equivalent positions from Federal funds, $16,922,000 and 189
full-time equivalent positions from other funds, and
$6,486,000 and 162 full-time equivalent positions from intra-
District funds) for the University of the District of
Columbia; $20,742,000 and 415 full-time equivalent positions
(including $19,839,000 and 408 full-time equivalent positions
from local funds, $446,000 and 6 full-time equivalent
positions from Federal funds, $454,000 and 1 full-time
equivalent position from other funds, and $3,000 from intra-
District funds) for the Public Library; $2,267,000 and 9
full-time equivalent positions (including $1,725,000 and 2
full-time equivalent positions from local funds and $542,000
and 7 full-time equivalent positions from Federal funds) for
the Commission on the Arts and Humanities: Provided, That the
public schools of the District of Columbia are authorized to
accept not to exceed 31 motor vehicles for exclusive use in
the driver education program: Provided further, That not to
exceed $2,500 for the Superintendent of Schools, $2,500 for
the President of the University of the District of Columbia,
and $2,000 for the Public Librarian shall be available from
this appropriation for expenditures for official purposes:
Provided further, That this appropriation shall not be
available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year ending
September 30, 1996, a tuition rate schedule that will
establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate
[[Page 229]]
charged at comparable public institutions of higher education
in the metropolitan area.
Education Reform
Education reform, $14,930,000, to be allocated as follows:
$200,000 shall be available for payments to charter schools
as authorized under Subtitle B of title II of this Act;
$300,000 shall be available for the Public Charter School
Board as authorized under Subtitle B of title II of this Act;
$2,000,000 shall be transferred directly, notwithstanding
any other provision of law, to the United States Department
of Education for awarding grants to carry out Even Start
programs in the District of Columbia as provided for in
Subtitle C of title II of this Act;
$1,250,000 shall be available to establish core curriculum,
content standards, and assessments as authorized under
Subtitle D of title II of this Act;
$500,000 shall be available for payment to the
Administrator of the General Services Administration for the
costs of developing engineering plans for donated work on
District of Columbia public school facilities as authorized
under Subtitle F of title II of this Act;
$100,000 shall be available to develop a plan for a
residential school as authorized under Subtitle G of title II
of this Act;
$860,000 shall be available for the District Education and
Learning Technologies Advancement Council as authorized under
Subtitle I of title II of this Act;
$1,450,000 shall be available to the District Employment
and Learning Center as authorized under Subtitle I of title
II of this Act;
$1,000,000 shall be available for a professional
development program for teachers and administrators
administered by the nonprofit corporation selected under
section 2701 of title II of this Act as authorized under
Subtitle I of title II of this Act;
$1,450,000 shall be available for the Jobs for D.C.
Graduates Program as authorized under Subtitle I of title II
of this Act;
$70,000 shall be available for the Everybody Wins program;
$100,000 shall be available for the Fit Kids program;
$250,000 shall be transferred directly, notwithstanding any
other provision of law, to the United States Department of
Education to carry out the evaluation of the scholarship
program as provided for in Subtitle N of title II of this
Act;
$400,000 shall be available to the District of Columbia
Public Schools to improve security (such as installing
electronic door locking devices) at such schools, including
at a minimum the following schools: Winston Education Center;
McKinley High School; Ballou High School; and Cardozo High
School; and
$5,000,000 shall be paid to the District of Columbia
Scholarship Corporation authorized under Subtitle N of title
II of this Act for scholarships for low-income students:
Provided, That the District of Columbia government shall
enter into negotiations with Gallaudet University to
transfer, at a fair market value rate, Hamilton School from
the District of Columbia to Gallaudet University with the
proceeds, if such a sale takes place, deposited into the
general fund of the District and used to improve public
school facilities in the same ward as the Hamilton School.
Human Support Services
Human support services, $1,855,014,000 and 6,469 full-time
equivalent positions (end-of-year) (including $1,076,856,000
and 3,650 full-time equivalent positions from local funds,
$726,685,000 and 2,639 full-time equivalent positions from
Federal funds, $46,799,000 and 66 full-time equivalent
positions from other funds, and $4,674,000 and 114 full-time
equivalent positions from intra-District funds): Provided,
That $26,000,000 of this appropriation, to remain available
until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided
further, That the District shall not provide free government
services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar
services to any legally constituted private nonprofit
organization (as defined in section 411(5) of Public Law 100-
77, approved July 22, 1987) providing emergency shelter
services in the District, if the District would not be
qualified to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Assistance Act, approved July 22, 1987 (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and purchase of passenger-carrying vehicles for replacement
only, $297,568,000 and 1,914 full-time equivalent positions
(end-of-year) (including $225,915,000 and 1,158 full-time
equivalent positions from local funds, $2,682,000 and 32
full-time equivalent positions from Federal funds,
$18,342,000 and 68 full-time equivalent positions from other
funds, and $50,629,000 and 656 full-time equivalent positions
from intra-District funds): Provided, That this appropriation
shall not be available for collecting ashes or miscellaneous
refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise
Fund, $5,400,000 from local funds.
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in
compliance with An Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the
District of Columbia, approved August 7, 1946 (60 Stat. 896;
Public Law 79-648); section 1 of An Act to authorize the
Commissioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs
of maintaining the Nation's Capital City, approved June 6,
1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
219); section 4 of An Act to authorize the Commissioners of
the District of Columbia to plan, construct, operate, and
maintain a sanitary sewer to connect the Dulles International
Airport with the District of Columbia system, approved June
12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and
743(f) of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973, approved December
24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C.
Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131;
D.C. Code, sec. 9-219, note), including interest as required
thereby, $327,787,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990,
$38,678,000 from local funds, as authorized by section 461(a)
of the District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973, as amended
(105 Stat. 540; Public Law 102-106; D.C. Code, sec. 47-
321(a)).
Repayment of Interest on Short-Term Borrowing
For repayment of interest on short-term borrowing,
$9,698,000 from local funds.
Pay Renegotiation or Reduction in Compensation
The Mayor shall reduce appropriations and expenditures for
personal services in the amount of $46,409,000, by decreasing
rates of compensation for District government employees; such
decreased rates are to be realized from employees who are
subject to collective bargaining agreements to the extent
possible through the renegotiation of existing collective
bargaining agreements: Provided, That, if a sufficient
reduction from employees who are subject to collective
bargaining agreements is not realized through renegotiating
existing agreements, the Mayor shall decrease rates of
compensation for such employees, notwithstanding the
provisions of any collective bargaining agreements: Provided
further, That the Congress hereby ratifies and approves
legislation enacted by the council of the District of
Columbia during fiscal year 1995 to reduce the compensation
and benefits of all employees of the District of Columbia
government during that fiscal year: Provided further, That
notwithstanding any other provision of law, the legislation
enacted by the Council of the District of Columbia during
fiscal year 1995 to reduce the compensation and benefits of
all employees of the District of Columbia government during
that fiscal year shall be deemed to have been ratified and
approved by the Congress during fiscal year 1995.
Rainy Day fund
For mandatory unavoidable expenditures within one or
several of the various appropriation headings of this Act, to
be allocated to the budgets for personal services and
nonpersonal services as requested by the Mayor and approved
by the Council pursuant to the procedures in section 4 of the
Reprogramming Policy Act of 1980, effective September 16,
1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $4,563,000
from local funds: Provided, That the District of Columbia
shall provide to the Committees on Appropriations of the
House of Representatives and the Senate quarterly reports by
the 15th day of the month following the end of the quarter
showing how monies provided under this fund are expended with
a final report providing a full accounting of the fund due
October 15, 1996 or not later than 15 days after the last
amount remaining in the fund is disbursed.
Incentive Buyout Program
For the purpose of funding costs associated with the
incentive buyout program, to be apportioned by the Mayor of
the District of Columbia within the various appropriation
headings in this Act from which costs are properly payable,
$19,000,000.
Outplacement Services
For the purpose of funding outplacement services for
employees who leave the District of Columbia government
involuntarily, $1,500,000.
Boards and Commissions
The Mayor shall reduce appropriations and expenditures for
boards and commissions under the various headings in this Act
in the amount of $500,000.
Government Re-Engineering Program
The Mayor shall reduce appropriations and expenditures for
personal and nonpersonal services in the amount of
$16,000,000 within one or several of the various
appropriation headings in this Act.
Capital Outlay
(including rescissions)
For construction projects, $168,222,000 (including
$82,850,000 from local funds and $85,372,000 from Federal
funds), as authorized by An Act authorizing the laying of
water mains and service sewers in the District of Columbia,
the levying of assessments there
[[Page 230]]
for, and for other purposes, approved April 22, 1904 (33
Stat. 244; Public Law 58-140; D.C. Code, secs. 43-1512
through 43-1519); the District of Columbia Public Works Act
of 1954, approved May 18, 1954 (68 Stat. 101; Public Law 83-
364); An Act to authorize the Commissioners of the District
of Columbia to borrow funds for capital improvement programs
and to amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's
Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451; including acquisition of sites, preparation of plans
and specifications, conducting preliminary surveys, erection
of structures, including building improvement and alteration
and treatment of grounds, to remain available until expended:
Provided, That $105,660,000 from local funds appropriated
under this heading in prior fiscal years is rescinded:
Provided further, That funds for use of each capital project
implementing agency shall be managed and controlled in
accordance with all procedures and limitations established
under the Financial Management System: Provided further, That
all funds provided by this appropriation title shall be
available only for the specific projects and purposes
intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects,
except those projects covered by the first sentence of
section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495;
D.C. Code, sec. 7-134, note), for which funds are provided by
this appropriation title, shall expire on September 30, 1997,
except authorizations for projects as to which funds have
been obligated in whole or in part prior to September 30,
1997: Provided further, That upon expiration of any such
project authorization the funds provided herein for the
project shall lapse.
Water and Sewer Enterprise Fund
For the Water and Sewer Enterprise Fund, $242,253,000 and
1,024 full-time equivalent positions (end-of-year) (including
$237,076,000 and 924 full-time equivalent positions from
local funds, $433,000 from other funds, and $4,744,000 and
100 full-time equivalent positions from intra-District
funds), of which $41,036,000 shall be apportioned and payable
to the debt service fund for repayment of loans and interest
incurred for capital improvement projects.
For construction projects, $39,477,000 from Federal funds,
as authorized by An Act authorizing the laying of water mains
and service sewers in the District of Columbia, the levying
of assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58-140; D.C. Code,
sec. 43-1512 et seq.): Provided, That the requirements and
restrictions that are applicable to general fund capital
improvement projects and set forth in this Act under the
Capital Outlay appropriation title shall apply to projects
approved under this appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act for
the fiscal year ending September 30, 1982, approved December
4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended,
for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective
March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et
seq. and 22-1516 et seq.), $229,950,000 and 88 full-time
equivalent positions (end-of-year) (including $7,950,000 and
88 full-time equivalent positions for administrative expenses
and $222,000,000 for non-administrative expenses from revenue
generated by the Lottery Board), to be derived from non-
Federal District of Columbia revenues: Provided, That the
District of Columbia shall identify the source of funding for
this appropriation title from the District's own locally-
generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by
the Cable Television Communications Act of 1981, effective
October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et
seq.), $2,351,000 and 8 full-time equivalent positions (end-
of-year) (including $2,019,000 and 8 full-time equivalent
positions from local funds and $332,000 from other funds), of
which $572,000 shall be transferred to the general fund of
the District of Columbia.
Starplex Fund
For the Starplex Fund, $6,580,000 from other funds for the
expenses incurred by the Armory Board in the exercise of its
powers granted by An Act To Establish A District of Columbia
Armory Board, and for other purposes, approved June 4, 1948
(62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the
District of Columbia Stadium Act of 1957, approved September
7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.): Provided, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C.
Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established
by Reorganization Order No. 57 of the Board of Commissioners,
effective August 15, 1953, $115,034,000, of which $56,735,000
shall be derived by transfer as intra-District funds from the
general fund, $52,684,000 is to be derived from the other
funds, and $5,615,000 is to be derived from intra-District
funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1989,
approved November 17, 1989 (93 Stat. 866; D.C. Code, sec. 1-
711), $13,440,000 and 11 full-time equivalent positions (end-
of-year) from the earnings of the applicable retirement funds
to pay legal, management, investment, and other fees and
administrative expenses of the District of Columbia
Retirement Board: Provided, That the District of Columbia
Retirement Board shall provide to the Congress and to the
Council of the District of Columbia a quarterly report of the
allocations of charges by fund and of expenditures of all
funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an item accounting
of the planned use of appropriated funds in time for each
annual budget submission and the actual use of such funds in
time for each annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment
Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
622), $10,516,000 and 66 full-time equivalent positions (end-
of-year) (including $3,415,000 and 22 full-time equivalent
positions from other funds and $7,101,000 and 44 full-time
equivalent positions from intra-District funds).
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$37,957,000, of which $5,400,000 shall be derived by transfer
from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section
101(a) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, approved April 17,
1995 (109 Stat. 97; Public Law 104-8), $3,500,000.
Personal and Nonpersonal Services Adjustments
Notwithstanding any other provision of law, the Chief
Financial Officer established under section 302 of Public Law
104-8, approved April 17, 1995 (109 Stat. 142) shall, on
behalf of the Mayor, adjust appropriations and expenditures
for personal and nonpersonal services, together with the
related full-time equivalent positions, in accordance with
the direction of the District of Columbia Financial
Responsibility and Management Assistance Authority such that
there is a net reduction of $165,837,000, within or among one
or several of the various appropriation headings in this Act,
pursuant to section 208 of Public Law 104-8, approved April
17, 1995 (109 Stat. 134).
General Provisions
Sec. 101. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all
vouchers covering expenditures of appropriations contained in
this Act shall be audited before payment by the designated
certifying official and the vouchers as approved shall be
paid by checks issued by the designated disbursing official.
Sec. 103. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 104. Appropriations in this Act shall be available,
when authorized by the Mayor, for allowances for privately
owned automobiles and motorcycles used for the performance of
official duties at rates established by the Mayor: Provided,
That such rates shall not exceed the maximum prevailing rates
for such vehicles as prescribed in the Federal Property
Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without
authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have
been entered against the District of Columbia government:
Provided, That nothing contained in this section shall be
construed as modifying or affecting the pro
[[Page 231]]
visions of section 11(c)(3) of title XII of the District of
Columbia Income and Franchise Tax Act of 1947, approved March
31, 1956 (70 Stat. 78; Public Law 84-460; D.C. Code, sec. 47-
1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the
requirement of section 544 of the District of Columbia Public
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
101; D.C. Code, sec. 3-205.44), and for the non-Federal share
of funds necessary to qualify for Federal assistance under
the Juvenile Delinquency Prevention and Control Act of 1968,
approved July 31, 1968 (82 Stat. 462; Public Law 90-445, 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 110. The annual budget for the District of Columbia
government for the fiscal year ending September 30, 1997,
shall be transmitted to the Congress no later than April 15,
1996 or as provided for under the provisions of Public Law
104-8, approved April 17, 1995.
Sec. 111. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees
on Appropriations, the House Committee on Government Reform
and Oversight, District of Columbia Subcommittee, the
Subcommittee on Oversight of Government Management, of the
Senate Committee on Governmental Affairs, and the Council of
the District of Columbia, or their duly authorized
representative: Provided, That none of the funds contained in
this Act shall be made available to pay the salary of any
employee of the District of Columbia government whose name
and salary are not available for public inspection.
Sec. 112. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia
Revenue Recovery Act of 1977, effective September 23, 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 113. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 114. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowings and spending progress compared with
projections.
Sec. 115. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from
the Council of the District of Columbia, by resolution,
identifying the projects and amounts to be financed with such
borrowings.
Sec. 116. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the
District of Columbia government.
Sec. 117. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to
the procedure set forth in the Joint Explanatory Statement of
the Committee of Conference (House Report No. 96-443), which
accompanied the District of Columbia Appropriation Act, 1980,
approved October 30, 1979 (93 Stat. 713; Public Law 96-93),
as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et
seq.): Provided, That for the fiscal year ending September
30, 1996 the above shall apply except as modified by Public
Law 104-8.
Sec. 118. None of the Federal funds provided in this Act
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
Sec. 119. None of the Federal Funds provided in this Act
shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency Act
of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection
Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply
to security, emergency rescue, or armored vehicles.
Sec. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973 (87
Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the
City Administrator shall be paid, during any fiscal year, a
salary at a rate established by the Mayor, not to exceed the
rate established for level IV of the Executive Schedule under
5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any
fiscal year, the highest rate of pay established by the Mayor
under subsection (a) of this section for any position for any
period during the last quarter of calendar year 1995 shall be
deemed to be the rate of pay payable for that position for
September 30, 1995.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August 2, 1946
(60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)),
the Board of Directors of the District of Columbia
Redevelopment Land Agency shall be paid, during any fiscal
year, per diem compensation at a rate established by the
Mayor.
Sec. 121. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of
Columbia Self-Government and Governmental Reorganization Act
of 1973, approved December 24, 1973 (87 Stat. 790; Public Law
93-198; D.C. Code, sec. 1-242(3)), shall apply with respect
to the compensation of District of Columbia employees:
Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5 of the United States Code.
Sec. 122. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve
rented premises, without regard to the provisions of section
322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C.
278a), upon a determination by the Director, that by reason
of circumstances set forth in such determination, the payment
of these rents and the execution of this work, without
reference to the limitations of section 322, is advantageous
to the District in terms of economy, efficiency, and the
District's best interest.
Sec. 123. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1996, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 1996 revenue
estimates as of the end of the first quarter of fiscal year
1996. These estimates shall be used in the budget request for
the fiscal year ending September 30, 1997. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 124. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3),
except that the District of Columbia Public Schools may renew
or extend sole source contracts for which competition is not
feasible or practical, provided that the determination as to
whether to invoke the competitive bidding process has been
made in accordance with duly promulgated Board of Education
rules and procedures.
Sec. 125. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99-177), as amended, the term
``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December 12,
1985 (99 Stat. 1037; Public Law 99-177), as amended.
Sec. 126. In the event of a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, approved December 12, 1985 (99 Stat. 1037:
Public Law 99-177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary
of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99-177), as amended.
Sec. 127. For the fiscal year ending September 30, 1996,
the District of Columbia shall pay interest on its quarterly
payments to the United States that are made more than 60 days
from the date of receipt of an itemized statement from the
Federal Bureau of Prisons of amounts due for housing District
of Columbia convicts in Federal penitentiaries for the
preceding quarter.
Sec. 128. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursuant to
section 422(12) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C.
Code, sec. 1-242(12)) and the Governmental Reorganization
Procedures Act of 1981, effective October 17, 1981 (D.C. Law
4-42; D.C. Code, sec. 1-299.1 to 1-
[[Page 232]]
299.7). Appropriations made by this Act for such programs or
functions are conditioned on the approval by the Council,
prior to October 1, 1995, of the required reorganization
plans.
Sec. 129. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1996 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by
the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 130. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
113(d)).
Prohibition Against Use of Funds for Abortions
Sec. 131. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Prohibition on Domestic Partners Act
Sec. 132. No funds made available pursuant to any provision
of this Act shall be used to implement or enforce any system
of registration of unmarried, cohabiting couples whether they
are homosexual, lesbian, or heterosexual, including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant
to any provision of this Act otherwise be used to implement
or enforce D.C. Act 9-188, signed by the Mayor of the
District of Columbia on April 15, 1992.
Compensation for the Commission on Judicial Disabilities and Tenure and
for the Judicial Nomination Commission
Sec. 133. Sections 431(f) and 433(b)(5) of the District of
Columbia Self-Government and Governmental Reorganization Act,
approved December 24, 1973 (87 Stat. 813; Public Law 93-198;
D.C. Code, secs. 11-1524 and title 11, App. 433), are amended
to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11-1524) is amended to
read as follows:
``(f) Members of the Tenure Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.
(b) Section 433(b)(5) (title 11, App. 433) is amended to
read as follows:
``(5) Members of the Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.
Multiyear Contracts
Sec. 134. Section 451 of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973,
approved December 24, 1973 (87 Stat. 803; Public Law 93-198;
D.C. Code, sec. 1-1130), is amended by adding a new
subsection (c) to read as follows:
``(c)(1) The District may enter into multiyear contracts to
obtain goods and services for which funds would otherwise be
available for obligation only within the fiscal year for
which appropriated.
``(2) If the funds are not made available for the
continuation of such a contract into a subsequent fiscal
year, the contract shall be cancelled or terminated, and the
cost of cancellation or termination may be paid from--
``(A) appropriations originally available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of acquisition covered by the contract, and not
otherwise obligated; or
``(C) funds appropriated for those payments.
``(3) No contract entered into under this section shall be
valid unless the Mayor submits the contract to the Council
for its approval and the Council approves the contract (in
accordance with criteria established by act of the Council).
The Council shall be required to take affirmative action to
approve the contract within 45 days. If no action is taken to
approve the contract within 45 calendar days, the contract
shall be deemed disapproved.''.
Calculated Real Property Tax Rate Rescission and Real Property Tax
Freeze
Sec. 135. The District of Columbia Real Property Tax
Revision Act of 1974, approved September 3, 1974 (88 Stat.
1051; D.C. Code, sec. 47-801 et seq.), is amended as follows:
(1) Section 412 (D.C. Code, sec. 47-812) is amended as
follows:
(A) Subsection (a) is amended by striking the third and
fourth sentences and inserting the following sentences in
their place: ``If the Council does extend the time for
establishing the rates of taxation on real property, it must
establish those rates for the tax year by permanent
legislation. If the Council does not establish the rates of
taxation of real property by October 15, and does not extend
the time for establishing rates, the rates of taxation
applied for the prior year shall be the rates of taxation
applied during the tax year.''.
(B) A new subsection (a-2) is added to read as follows:
``(a-2) Notwithstanding the provisions of subsection (a) of
this section, the real property tax rates for taxable real
property in the District of Columbia for the tax year
beginning October 1, 1995, and ending September 30, 1996,
shall be the same rates in effect for the tax year beginning
October 1, 1993, and ending September 30, 1994.''.
(2) Section 413(c) (D.C. Code, sec. 47-815(c)) is repealed.
Prisons Industries
Sec. 136. Title 18 U.S.C. 1761(b) is amended by striking
the period at the end and inserting the phrase ``or not-for-
profit organizations.'' in its place.
Reports on Reductions
Sec. 137. Within 120 days of the effective date of this
Act, the Mayor shall submit to the Congress and the Council a
report delineating the actions taken by the executive to
effect the directives of the Council in this Act, including--
(1) negotiations with representatives of collective
bargaining units to reduce employee compensation;
(2) actions to restructure existing long-term city debt;
(3) actions to apportion the spending reductions
anticipated by the directives of this Act to the executive
for unallocated reductions; and
(4) a list of any position that is backfilled including
description, title, and salary of the position.
Monthly Reporting Requirements--Board of Education
Sec. 138. The Board of Education shall submit to the
Congress, Mayor, and Council of the District of Columbia no
later than fifteen (15) calendar days after the end of each
month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections vs. budget broken out on the basis of
control center, responsibility center, agency reporting code,
and object class, and for all funds, including capital
financing;
(2) a breakdown of FTE positions and staff for the most
current pay period broken out on the basis of control center,
responsibility center, and agency reporting code within each
responsibility center, for all funds, including capital
funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains; the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by the
D.C. Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(5) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(6) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the
name of the staff member supervising each entity affected,
and the reasons for the structural change.
Monthly Reporting Requirement
university of the district of columbia
Sec. 139. The University of the District of Columbia shall
submit to the Congress, Mayor, and Council of the District of
Columbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections vs. budget broken out on the basis of
control center, responsibility center, and object class, and
for all funds, including capital financing;
(2) a breakdown of FTE positions and all employees for the
most current pay period broken out on the basis of control
center and responsibility center, for all funds, including
capital funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains: the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and
contract identifying codes used by the University of the
District of Columbia; payments made in the last month and
year-to-
[[Page 233]]
date, the total amount of the contract and total payments
made for the contract and any modifications, extensions,
renewals; and specific modifications made to each contract in
the last month;
(5) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(6) changes in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Annual Reporting Requirements
Sec. 140. (a) The Board of Education of the District of
Columbia and the University of the District of Columbia shall
annually compile an accurate and verifiable report on the
positions and employees in the public school system and the
university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1995, fiscal year 1996,
and thereafter on full-time equivalent basis, including a
compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control
number.
(b) The annual report required by subsection (a) of this
section shall be submitted to the Congress, the Mayor and
Council of the District of Columbia, by not later than
February 8 of each year.
Annual Budgets and Budget Revisions
Sec. 141. (a) Not later than October 1, 1995, or within 15
calendar days after the date of the enactment of the District
of Columbia Appropriations Act, 1996, whichever occurs later,
and each succeeding year, the Board of Education and the
University of the District of Columbia shall submit to the
Congress, the Mayor, and Council of the District of Columbia,
a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia
for such fiscal year that is in the total amount of the
approved appropriation and that realigns budgeted data for
personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this
section shall be submitted in the format of the budget that
the Board of Education and the University of the District of
Columbia submit to the Mayor of the District of Columbia for
inclusion in the Mayor's budget submission to the Council of
the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia
pursuant to section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act, Public Law
93-198, as amended (D.C. Code, sec. 47-301).
Budget Approval
Sec. 142. The Board of Education the Board of Trustees of
the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the D.C.
School of Law shall vote on and approve their respective
annual or revised budgets before submission to the Mayor of
the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act, Public Law
93-198, as amended (D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.
Public School Employee Evaluations
Sec. 143. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for
evaluating District of Columbia Public Schools employees
shall be a non-negotiable item for collective bargaining
purposes.
Position Vacancies
Sec. 144. (a) No agency, including an independent agency,
shall fill a position wholly funded by appropriations
authorized by this Act, which is vacant on October 1, 1995,
or becomes vacant between October 1, 1995, and September 30,
1996, unless the Mayor or independent agency submits a
proposed resolution of intent to fill the vacant position to
the Council. The Council shall be required to take
affirmative action on the Mayor's resolution within 30
legislative days. If the Council does not affirmatively
approve the resolution within 30 legislative days, the
resolution shall be deemed disapproved.
(b) No reduction in the number of full-time equivalent
positions or reduction-in-force due to privatization or
contracting out shall occur if the District of Columbia
Financial Responsibility and Management Assistance Authority,
established by section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-
8), disallows the full-time equivalent position reduction
provided in this act in meeting the maximum ceiling of 35,984
for the fiscal year ending September 30, 1996.
(c) This section shall not prohibit the appropriate
personnel authority from filling a vacant position with a
District government employee currently occupying a position
that is funded with appropriated funds.
(d) This section shall not apply to local school-based
teachers, school-based officers, or school-based teachers'
aides; or court personnel covered by title 11 of the D.C.
Code, except chapter 23.
Modifications of Board of Education Reduction-in-Force Procedures
Sec. 145. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as
follows:
(a) Section 301 (D.C. Code, sec. 1-603.1) is amended as
follows:
(1) A new paragraph (13A) is added to read as follows:
``(13A) `Nonschool-based personnel' means any employee of
the District of Columbia Public Schools who is not based at a
local school or who does not provide direct services to
individual students.''.
(2) A new paragraph (15A) is added to read as follows:
``(15A) `School administrators' means principals, assistant
principals, school program directors, coordinators,
instructional supervisors, and support personnel of the
District of Columbia Public Schools.''.
(b) Section 801A(b)(2) (D.C. Code, sec. 1-609.1(b)(2)) is
amended by adding a new subparagraph (L-i) to read as
follows:
``(L-i) Notwithstanding any other provision of law, the
Board of Education shall not issue rules that require or
permit nonschool-based personnel or school administrators to
be assigned or reassigned to the same competitive level as
classroom teachers;''
(c) Section 2402 (D.C. Code, sec. 1-625.2) is amended by
adding a new subsection (f) to read as follows:
``(f) Notwithstanding any other provision of law, the Board
of Education shall not require or permit nonschool-based
personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom
teachers.''.
Sec. 146. (a) Notwithstanding any other provision of law,
rule, or regulation, an employee of the District of Columbia
Public Schools shall be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall not
compete with school-based personnel for retention purposes.
Sec. 147. None of the funds provided in this Act may be
used directly or indirectly for the renovation of the
property located at 227 7th Street Southeast (commonly known
as Eastern Market), except that funds provided in this Act
may be used for the regular maintenance and upkeep of the
current structure and grounds located at such property.
Capital Project Employees
Sec. 148. (a) Not later than 15 days after the end of every
fiscal quarter (beginning October 1, 1995), the Mayor shall
submit to the Council of the District of Columbia, the
District of Columbia Financial Responsibility and Management
Assistance Authority, and the Committees on Appropriations of
the House of Representatives and the Senate a report with
respect to the employees on the capital project budget for
the previous quarter.
(b) Each report submitted pursuant to subsection (a) of
this section shall include the following information--
(1) a list of all employees by position, title, grade and
step:
(2) a job description, including the capital project for
which each employee is working;
(3) the date that each employee began working on the
capital project and the ending date that each employee
completed or is projected to complete work on the capital
project; and
(4) a detailed explanation justifying why each employee is
being paid with capital funds.
Modification of Reduction-in-Force Procedures
Sec. 149. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as
follows:
(a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by
amending the third sentence to read as follows: ``A personnel
authority may establish lesser competitive areas within an
agency on the basis of all or a clearly identifiable segment
of an agency's mission or a division or major subdivision of
an agency.''.
(b) A new section 2406 is added to read as follows:
``Sec. 2406. Abolishment of positions for Fiscal Year 1996.
``(a) Notwithstanding any other provision of law,
regulation, or collective bargaining agreement either in
effect or to be negotiated while this legislation is in
effect for the fiscal year ending September 30, 1996, each
agency head is authorized, within the agency head's
discretion, to identify positions for abolishment.
``(b) Prior to February 1, 1996, each personnel authority
shall make a final deter
[[Page 234]]
mination that a position within the personnel authority is to
be abolished.
``(c) Notwithstanding any rights or procedures established
by any other provision of this title, any District government
employee, regardless of date of hire, who encumbers a
position identified for abolishment shall be separated
without competition or assignment rights, except as provided
in this section.
``(d) An employee affected by the abolishment of a position
pursuant to this section who, but for this section would be
entitled to compete for retention, shall be entitled to 1
round of lateral competition pursuant to Chapter 24 of the
District of Columbia Personnel Manual, which shall be limited
to positions in the employee's competitive level.
``(e) Each employee who is a bona fide resident of the
District of Columbia shall have added 5 years to his or her
creditable service for reduction-in-force purposes. For
purposes of this subsection only, a nonresident District
employee who was hired by the District government prior to
January 1, 1980, and has not had a break in service since
that date, or a former employee of the U.S. Department of
Health and Human Services at Saint Elizabeths Hospital who
accepted employment with the District government on October
1, 1987, and has not had a break in service since that date,
shall be considered a District resident.
``(f) Each employee selected for separation pursuant to
this section shall be given written notice of at least 30
days before the effective date of his or her separation.
``(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a specific
position is to be abolished, nor separation pursuant to his
section shall be subject to review except as follows--
``(1) an employee may file a complaint contesting a
determination or a separation pursuant to title XV of this
Act or section 303 of the Human Rights Act of 1977, effective
December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543);
and
``(2) an employee may file with the Office of Employee
Appeals an appeal contesting that the separation procedures
of subsections (d) and (f) of this section were not properly
applied.
``(h) An employee separated pursuant to this section shall
be entitled to severance pay in accordance with title XI of
this Act, except that the following shall be included in
computing creditable service for severance pay for employees
separated pursuant to this section--
``(1) four years for an employee who qualified for
veteran's preference under this act, and
``(2) three years for an employee who qualified for
residency preference under this act.
``(i) Separation pursuant to this section shall not affect
an employee's rights under either the Agency Reemployment
Priority Program or the Displaced Employee Program
established pursuant to Chapter 24 of the District Personnel
Manual.
``(j) The Mayor shall submit to the Council a listing of
all positions to be abolished by agency and responsibility
center by March 1, 1996, or upon the delivery of termination
notices to individual employees.
``(k) Notwithstanding the provisions of section 1708 or
section 2402(d), the provisions of this act shall not be
deemed negotiable.
``(l) A personnel authority shall cause a 30-day
termination notice to be served, no later than September 1,
1996, on any incumbent employee remaining in any position
identified to be abolished pursuant to subsection (b) of this
section''.
Sec. 150. (a) Ceiling on Total Operating Expenses.--
Notwithstanding any other provision of law, the total amount
appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 1996 under the caption
``Division of Expenses'' shall not exceed $4,994,000,000 of
which $165,339,000 shall be from intra-District funds.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection 9a), the Mayor
of the District of Columbia may accept, obligate, and expend
Federal, private, and other grants received by the District
government that are not reflected in the amounts appropriated
in this Act.
(2) Requirement of chief financial officer report and
financial responsibility and management assistance authority
approval.--No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to paragraph (1)
until--
(A) the Chief Financial Officer of the District submits to
the District of Columbia Financial Responsibility and
Management Assistance Authority established by Public Law
104-8 (109 Stat. 97) a report setting forth detailed
information regarding such grant; and
(B) the District of Columbia Financial Responsibility and
Management Assistance Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures consistent
with the provisions of Public Law 104-8.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District shall prepare a monthly report setting forth
detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report
shall be submitted to the Council of the District of
Columbia, and to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 15
days after the end of the month covered by the report.
Plans for Lorton Correctional Complex
Sec. 151. (a) Development of Plans.--Not later than March
15, 1996, the District of Columbia shall develop a series of
alternative plans meeting the requirements of subsection (b)
for the use and operation of the Lorton Correctional Complex
(hereafter in this section referred to as the ``Complex''),
including--
(1) a plan under which the Complex will be closed;
(2) a plan under which the Complex will remain in operation
under the management of the District of Columbia subject to
such modifications as the District considers appropriate;
(3) a plan under which the Complex will be operated under
the management of the Federal government;
(4) a plan under which the Complex will be operated under
private management; and
(5) such other plans as the District of Columbia considers
appropriate.
(b) Requirements for Plans.--Each of the plans developed by
the District of Columbia under subsection (a) shall meet the
following requirements:
(1) The plan shall provide for an appropriate transition
period not to exceed 5 years in length.
(2) The plan shall include provisions specifying how and to
what extent the District will utilize alternative management,
including the private sector, for the operation of
correctional facilities for the District, and shall include
provisions describing the treatment under such alternative
management (including under contracts) of site selection,
design, financing, construction, and operation of
correctional facilities for the District.
(3) The plan shall include a description of any legislation
required to implement the plan.
(4) The plan shall include an implementation schedule,
together with specific performance measures and timelines to
determine the extent to which the District is meeting the
schedule during the transition period.
(5) Under the plan, the Mayor of the District of Columbia
shall submit a semi-annual report to the President, Congress,
and the District of Columbia Financial Responsibility and
Management Assistance Authority describing the actions taken
by the District under the plan, and in addition shall
regularly report to the President, Congress, and the District
of Columbia Financial Responsibility and Management
Assistance Authority on all significant measures taken under
the plan as soon as such measures are taken.
(6) For each of the years during which the plan is in
effect, the plan shall be consistent with the financial plan
and budget for the District of Columbia for the year under
subtitle A of title II of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
(c) Submission of Plan.--Upon completing the development of
the plans under subsection (a), the District of Columbia
shall submit the plans to the President, Congress, and the
District of Columbia Financial Responsibility and Management
Assistance Authority.
Prohibition Against Adoption by Unmarried Couples
Sec. 152. (a) In General.--Section 16-302, D.C. Code, is
amended--
(1) by striking ``Any person'' and inserting ``(a) Subject
to subsection (b), any person''; and
(2) by adding at the end the following subsection:
``(b)(1) Except as provided in paragraph (2), no person may
join in a petition under this section unless the person is
the spouse of the petitioner.
``(2) An unmarried person may file a petition for adoption
where no other person joins in the petition or where the co-
petitioner is the natural parent of the child.''.
Technical Corrections to Financial Responsibility and Management
Assistance Act
Sec. 153. (a) Requiring GSA to Provide Support Services.--
Section 103(f) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 is
amended by striking ``may provide'' and inserting ``shall
promptly provide''.
(b) Availability of Certain Federal Benefits for
Individuals Who Become Employed by the Authority.--
(1) Former federal employees.--Subsection (e) of section
102 of such Act is amended to read as follows:
``(e) Preservation of Retirement and Certain Other Rights
of Federal Employees Who Become Employed by the Authority.--
``(1) In general.--Any Federal employee who becomes
employed by the Authority--
``(A) may elect, for the purposes set forth in paragraph
(2)(A), to be treated, for so long as that individual remains
continuously employed by the Authority, as if such individual
had not separated from service with the Federal Government,
subject to paragraph (3); and
[[Page 235]]
``(B) shall, if such employee subsequently becomes
reemployed by the Federal Government, be entitled to have
such individual's service with the Authority treated, for
purposes of determining the appropriate leave accrual rate,
as if it had been service with the Federal Government.
``(2) Effect of an election.--An election made by an
individual under the provisions of paragraph (1)(A)--
``(A) shall qualify such individual for the treatment
describe in such provisions for purposes of--
``(i) chapter 83 or 84 of title 5, United States Code, as
appropriate (relating to retirement), including the Thrift
Savings Plan;
``(ii) chapter 87 of such title (relating to life
insurance); and
``(iii) chapter 89 of such title (relating to health
insurance); and
``(B) shall disqualify such individual, while such election
remains in effect, from participating in the programs offered
by the government of the District of Columbia (if any)
corresponding to the respective programs referred to in
subparagraph (A).
``(3) Conditions for an election to be effective.--An
election made by an individual under paragraph (1)(A) shall
be ineffective unless--
``(A) it is made before such individual separates from
service with the Federal Government; and
``(B) such individual's service with the Authority
commences within 3 days after so separating (not counting any
holiday observed by the government of the District of
Columbia).
``(4) Contributions.--If an individual makes an election
under paragraph (1)(A), the Authority shall, in accordance
with applicable provisions of law referred to in paragraph
(2)(A), be responsible for making the same deductions from
pay and the same agency contributions as would be required if
it were a Federal agency.
``(5) Regulations.--Any regulations necessary to carry out
this subsection shall be prescribed in consultation with the
Authority by--
``(A) the Office of Personnel Management, to the extent
that any program administered by the office is involved;
``(B) the appropriate office or agency of the government of
the District of Columbia, to the extent that any program
administered by such office or agency is involved; and
``(C) the Executive Director referred to in section 8474 of
title 5, United States Code, to the extent that the Thrift
Savings Plan is involved.''.
``(2) Other individuals.--Section 102 of such Act is
further amended by adding at the end the following:
``(f) Federal Benefits for Others.--
``(1) In general.--The Office of personnel Management, in
conjunction with each corresponding office or agency of the
government of the District of Columbia and in consultation
with the Authority, shall prescribe regulations under which
any individual who becomes employed by the Authority (under
circumstances other than as described in subsection (e)) may
elect either--
``(A) to be deemed a Federal employee for purposes of the
programs referred to in subsection (e)(2)(A) (i)-(iii); or
``(B) to participate in 1 or more of the corresponding
programs offered by the government of the District of
Columbia.
``(2) Effect of an election.--An individual who elects the
option under subparagraph (A) or (B) of paragraph (1) shall
be disqualified, while such election remains in effect, from
participating in any of the programs referred to in the other
such subparagraph.
``(3) Definition of `corresponding office or agency'.--For
purposes of paragraph (1), the term `corresponding office or
agency of the government of the District of Columbia' means,
with respect to any program administered by the Office of
Personnel Management, the office or agency responsible for
administering the corresponding program (if any) offered by
the government of the District of Columbia.
``(4) Thrift savings plan.--To the extent that the Thrift
Savings Plan is involved, the preceding provisions of this
subsection shall be applied by substituting `the Executive
Director referred to in section 8474 of title 5, United
States Code' for `the Office of Personnel Management'.''.
``(3) Effective date; additional election for former
federal employees serving on date of enactment; election for
employees appointed during interim period.--
``(A) Effective date.--Not later than 6 months after the
date of enactment of this Act, there shall be prescribed in
consultation with the Authority (and take effect)--
``(i) regulations to carry out the amendments made by this
subsection; and
``(ii) any other regulations necessary to carry out this
subsection.
``(B) Additional election for former federal employees
serving on date of enactment.--
``(i) In general.--Any former Federal employee employed by
the Authority on the effective date of the regulations
referred to in subparagraph (A)(i) may, within such period as
may be provided for under those regulations, make an election
similar, to the maximum extent practicable, to the election
provided for under section 102(e) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995, as amended by this subsection. Such regulations shall
be prescribed jointly by the Office of Personnel Management
and each corresponding office or agency of the government of
the District of Columbia (in the same manner as provided for
in section 102(f) of such Act, as so amended).
``(ii) Exception.--An election under this subparagraph may
not be made by any individual who--
``(I) is not then participating in a retirement system for
Federal employees (disregarding Social Security); or
``(II) is then participating in any program of the
government of the District of Columbia referred to in section
102(e)(2)(B) of such Act (as so amended).
(C) Election for employees appointed during interim
period.--
(i) From the federal government.--Subsection (e) of section
102 of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (as last in effect before
the date of enactment of this Act) shall be deemed to have
remained in effect for purposes of any Federal employee who
becomes employed by the District of Columbia Financial
Responsibility and Management Assistance Authority during the
period beginning on such date of enactment and ending on the
day before the effective date of the regulations prescribed
to carry out subparagraph (B).
(ii) Other individuals.--The regulations prescribed to
carry out subsection (f) of section 102 of the District of
Columbia Financial Responsibility and Management Assistance
Act of 1995 (as amended by this subsection) shall include
provisions under which an election under such subsection
shall be available to any individual who--
(I) becomes employed by the District of Columbia Financial
Responsibility and Management Assistance Authority during the
period beginning on the date of enactment of this Act and
ending on the day before the effective date of such
regulations;
(II) would have been eligible to make an election under
such regulations had those regulations been in effect when
such individual became so employed; and
(III) is not then participating in any program of the
government of the District of Columbia referred to in
subsection (f)(1)(B) of such section 102 (as so amended).
(c) Exemption From Liability for Claims for Authority
Employees.--Section 104 of such Act is amended--
(1) by striking ``the Authority and its members'' and
inserting ``the Authority, its members, and its employees'';
and
(2) by striking ``the District of Columbia'' and inserting
``the Authority or its members or employees or the District
of Columbia''.
(d) Permitting Review of Emergency Legislation.--Section
203(a)(3) of such Act is amended by striking subparagraph
(C).
Establishment of Exclusive Accounts for Blue Plains Activities
Sec. 154. (a) Operation and Maintenance Account.--
(1) Contents of account.--There is hereby established
within the Water and Sewer Enterprise Fund the Operation and
Maintenance Account, consisting of all fund paid to the
District of Columbia on or after the date of the enactment of
this Act which are--
(A) attributable to waste water treatment user charges;
(B) paid by users jurisdictions for the operation and
maintenance of the Blue Plains Wastewater Treatment Facility
and related waste water treatment works; or
(C) appropriated or otherwise provided for the operation
and maintenance of the Blue Plains Wastewater Treatment
Facility and related waste water treatment works.
(2) Use of funds in account.--Funds in the Operation and
Maintenance Account shall be used solely for funding the
operation and maintenance of the Blue Plains Wastewater
Treatment Facility and related waste water treatment works
and may not be obligated or expended for any other purpose,
and may be used for related debt service and capital costs if
such funds are not attributable to user charges assessed for
purposes of section 204(b)(1) of the Federal Water Pollution
Control Act.
(b) EPA Grant Account.--
(1) Contents of account.--There is hereby established
within the Water and Sewer Enterprise Fund and EPA Grant
Account, consisting of all funds paid to the District of
Columbia on or after the date of the enactment of this Act
which are--
(A) attributable to grants from the Environmental
Protection Agency for construction at the Blue Plains
Wastewater Treatment Facility and related waste water
treatment works; or
(B) appropriated or otherwise provided for construction at
the Blue Plains Wastewater Treatment Facility and related
waste water treatment works.
(2) Use of funds in account.--Funds in the EPA Grant
Account shall be used solely for the purposes specified under
the terms of the grants and appropriations involved, and may
not be obligated or expended for any other purpose.
Sec. 155. (a) Up to 50 police officers and up to 50 Fire
and Emergency Medical Services members who were hired before
February 14, 1980, and who retire on disability before the
end of calendar year 1996 shall be excluded from the
computation of the rate of disability retirements under
subsection 145(a) of the District of Columbia Retirement
Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1-725(a)),
for purposes of reducing the authorized Federal payment to
the District of Columbia Police Offices and Fire Fighters'
Retirement Fund pursuant to subsection 145(c) of the District
of Columbia Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of this
provision, shall engage an
[[Page 236]]
enrolled actuary, to be paid by the District of Columbia
Retirement Board, and shall comply with the requirements of
section 142(d) and section 144(d) of the District of Columbia
Retirement Reform Act of 1979 (Public Law 96-122, approved
November 17, 1979; D.C. Code, secs. 1-722(d) and 1-724(d)).
This title may be cited as the ``District of Columbia
Appropriations Act, 1996''.
TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM
SEC. 2001. SHORT TITLE.
This title may be cited as the ``District of Columbia
School Reform Act of 1995''.
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate;
(B) the Committee on Economic and Educational Opportunities
of the House of Representatives and the Committee on Labor
and Human Resources of the Senate; and
(C) the Committee on Government Reform and Oversight of the
House of Representatives and the Committee on Governmental
Affairs of the Senate.
(2) Authority.--The term ``Authority'' means the District
of Columbia Financial Responsibility and Management
Assistance Authority established under section 101(a) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995 (Public Law 104-8).
(3) Average daily attendance.--The term ``average daily
attendance'' means the aggregate attendance of students of
the school during the period divided by the number of days
during the period in which--
(A) the school is in session; and
(B) the students of the school are under the guidance and
direction of teachers.
(4) Average daily membership.--The term ``average daily
membership'' means the aggregate enrollment of students of
the school during the period divided by the number of days
during the period in which--
(A) the school is in session; and
(B) the students of the school are under the guidance and
direction of teachers.
(5) Board of education.--The term ``Board of Education''
means the Board of Education of the District of Columbia.
(6) Board of trustees.--The term ``Board of Trustees''
means the governing board of a public charter school, the
members of which are selected pursuant to the charter granted
to the school and in a manner consistent with this title.
(7) Consensus commission.--The term ``Consensus
Commission'' means the Commission on Consensus Reform in the
District of Columbia public schools established under
subtitle L.
(8) Core curriculum.--The term ``core curriculum'' means
the concepts, factual knowledge, and skills that students in
the District of Columbia should learn in kindergarten through
grade 12 in academic content areas, including, at a minimum,
English, mathematics, science, and history.
(9) District of columbia council.--The term ``District of
Columbia Council'' means the Council of the District of
Columbia established pursuant to section 401 of the District
of Columbia Self-Government and Governmental Reorganization
Act (D.C. Code, sec. 1-221).
(10) District of columbia government.--
(A) In general.--The term ``District of Columbia
Government'' means the government of the District of
Columbia, including--
(i) any department, agency, or instrumentality of the
government of the District of Columbia;
(ii) any independent agency of the District of Columbia
established under part F of title IV of the District of
Columbia Self-Government and Governmental Reorganization Act;
(iii) any other agency, board, or commission established by
the Mayor or the District of Columbia Council;
(iv) the courts of the District of Columbia;
(v) the District of Columbia Council; and
(vi) any other agency, public authority, or public
nonprofit corporation that has the authority to receive
moneys directly or indirectly from the District of Columbia
(other than moneys received from the sale of goods, the
provision of services, or the loaning of funds to the
District of Columbia).
(B) Exception.--The term ``District of Columbia
Government'' neither includes the Authority nor a public
charter school.
(11) District of columbia government retirement system.--
The term ``District of Columbia Government retirement
system'' means the retirement programs authorized by the
District of Columbia Council or the Congress for employees of
the District of Columbia Government.
(12) District of columbia public school.--
(A) In general.--The term ``District of Columbia public
school'' means a public school in the District of Columbia
that offers classes--
(i) at any of the grade levels from prekindergarten through
grade 12; or
(ii) leading to a secondary school diploma, or its
recognized equivalent.
(B) Exception.--The term ``District of Columbia public
school'' does not include a public charter school.
(13) Districtwide assessments.--The term ``districtwide
assessments'' means a variety of assessment tools and
strategies (including individual student assessments under
subparagraph (E)(ii)) administered by the Superintendent to
students enrolled in District of Columbia public schools and
public charter schools that--
(A) are aligned with the District of Columbia's content
standards and core curriculum;
(B) provide coherent information about student attainment
of such standards;
(C) are used for purposes for which such assessments are
valid, reliable, and unbiased, and are consistent with
relevant nationally recognized professional and technical
standards for such assessments;
(D) involve multiple up-to-date measures of student
performance, including measures that assess higher order
thinking skills and understanding; and
(E) provide for--
(i) the participation in such assessments of all students;
(ii) individual student assessments for students that fail
to reach minimum acceptable levels of performance;
(iii) the reasonable adaptations and accommodations for
students with special needs (as defined in paragraph (32))
necessary to measure the achievement of such students
relative to the District of Columbia's content standards; and
(iv) the inclusion of limited-English proficient students,
who shall be assessed, to the extent practicable, in the
language and form most likely to yield accurate and reliable
information regarding such students' knowledge and abilities.
(14) Electronic data transfer system.--The term
``electronic data transfer system'' means a computer-based
process for the maintenance and transfer of student records
designed to permit the transfer of individual student records
among District of Columbia public schools and public charter
schools.
(15) Elementary school.--The term ``elementary school''
means an institutional day or residential school that
provides elementary education, as determined under District
of Columbia law.
(16) Eligible applicant.--The term ``eligible applicant''
means a person, including a private, public, or quasi-public
entity, or an institution of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a))), that seeks to establish a public charter
school in the District of Columbia.
(17) Eligible chartering authority.--The term ``eligible
chartering authority'' means any of the following:
(A) The Board of Education.
(B) The Public Charter School Board.
(C) Any one entity designated as an eligible chartering
authority by enactment of a bill by the District of Columbia
Council after the date of the enactment of this Act.
(18) Family resource center.--The term ``family resource
center'' means an information desk--
(A) located in a District of Columbia public school or a
public charter school serving a majority of students whose
family income is not greater than 185 percent of the income
official poverty line (as defined by the Office of Management
and Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act applicable
to a family of the size involved (42 U.S.C. 9902(3))); and
(B) which links students and families to local resources
and public and private entities involved in child care, adult
education, health and social services, tutoring, mentoring,
and job training.
(19) Individual career path.--The term ``individual career
path'' means a program of study that provides a secondary
school student the skills necessary to compete in the 21st
century workforce.
(20) Literacy.--The term ``literacy'' means--
(A) in the case of a minor student, such student's ability
to read, write, and speak in English, and compute and solve
problems at levels of proficiency necessary to function in
society, to achieve such student's goals, and develop such
student's knowledge and potential; and
(B) in the case of an adult, such adult's ability to read,
write, and speak in English, and compute and solve problems
at levels of proficiency necessary to function on the job and
in society, to achieve such adult's goals, and develop such
adult's knowledge and potential.
(21) Long-term reform plan.--The term ``long-term reform
plan'' means the plan submitted by the Superintendent under
section 2101.
(22) Mayor.--The term ``Mayor'' means the Mayor of the
District of Columbia.
(23) Metrobus and metrorail transit system.--The term
``Metrobus and Metrorail Transit System'' means the bus and
rail systems administered by the Washington Metropolitan Area
Transit Authority.
(24) Minor student.--The term ``minor student'' means an
individual who--
(A) is enrolled in a District of Columbia public school or
a public charter school; and
(B) is not beyond the age of compulsory school attendance,
as prescribed in section 1 of article I, and section 1 of
article II, of the Act of February 4, 1925 (sections 31-401
and 31-402, D.C. Code).
(25) Nonresident student.--The term ``nonresident student''
means--
(A) an individual under the age of 18 who is enrolled in a
District of Columbia public school or a public charter
school, and does not have a parent residing in the District
of Columbia; or
(B) an individual who is age 18 or older and is enrolled in
a District of Columbia public
[[Page 237]]
school or public charter school, and does not reside in the
District of Columbia.
(26) Parent.--The term ``parent'' means a person who has
custody of a child, and who--
(A) is a natural parent of the child;
(B) is a stepparent of the child;
(C) has adopted the child; or
(D) is appointed as a guardian for the child by a court of
competent jurisdiction.
(27) Petition.--The term ``petition'' means a written
application.
(28) Promotion gate.--The term ``promotion gate'' means the
criteria, developed by the Superintendent and approved by the
Board of Education, that are used to determine student
promotion at different grade levels. Such criteria shall
include student achievement on districtwide assessments
established under subtitle D.
(29) Public charter school.--The term ``public charter
school'' means a publicly funded school in the District of
Columbia that--
(A) is established pursuant to subtitle B; and
(B) except as provided under sections 2212(d)(5) and
2213(c)(5) is not a part of the District of Columbia public
schools.
(30) Public charter school board.--The term ``Public
Charter School Board'' means the Public Charter School Board
established under section 2214.
(31) Secondary school.--The term ``secondary school'' means
an institutional day or residential school that provides
secondary education, as determined by District of Columbia
law, except that such term does not include any education
beyond grade 12.
(32) Student with special needs.--The term ``student with
special needs'' means a student who is a child with a
disability as provided in section 602(a)(1) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(a)(1)) or a student who is an individual with a
disability as provided in section 7(8) of the Rehabilitation
Act of 1973 (29 U.S.C. 706(8)).
(33) Superintendent.--The term ``Superintendent'' means the
Superintendent of the District of Columbia public schools.
(34) Teacher.--The term ``teacher'' means any person
employed as a teacher by the Board of Education or by a
public charter school.
SEC. 2003. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title
shall be effective during the period beginning on the date of
enactment of this Act and ending 5 years after such date.
Subtitle A--District of Columbia Reform Plan
SEC. 2101. LONG-TERM REFORM PLAN.
(a) In General.--
(1) Plan.--The Superintendent, with the approval of the
Board of Education, shall submit to the Mayor, the District
of Columbia Council, the Authority, the Consensus Commission,
and the appropriate congressional committees, a long-term
reform plan, not later than 90 days after the date of
enactment of this Act, and each February 15 thereafter. The
long-term reform plan shall be consistent with the financial
plan and budget for the District of Columbia for fiscal year
1996, and each financial plan and budget for a subsequent
fiscal year, as the case may be, required under section 201
of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(2) Consultation.--
(A) In general.--In developing the long-term reform plan,
the Superintendent--
(i) shall consult with the Board of Education, the Mayor,
the District of Columbia Council, the Authority, and the
Consensus Commission; and
(ii) shall afford the public, interested organizations, and
groups an opportunity to present their views and make
recommendations regarding the long-term reform plan.
(B) Summary of recommendations.--The Superintendent shall
include in the long-term plan a summary of the
recommendations made under subparagraph (A)(ii) and the
response of the Superintendent to the recommendations.
(b) Contents.--
(1) Areas to be addressed.--The long-term reform plan shall
describe how the District of Columbia public schools will
become a world-class education system that prepares students
for lifetime learning in the 21st century and which is on a
par with the best education systems of other cities, States,
and nations. The long-term reform plan shall include a
description of how the District of Columbia public schools
will accomplish the following:
(A) Achievement at nationally and internationally
competitive levels by students attending District of Columbia
public schools.
(B) The preparation of students for the workforce,
including--
(i) providing special emphasis for students planning to
obtain a postsecondary education; and
(ii) the development of individual career paths.
(C) The improvement of the health and safety of students in
District of Columbia public schools.
(D) Local school governance, decentralization, autonomy,
and parental choice among District of Columbia public
schools.
(E) The implementation of a comprehensive and effective
adult education and literacy program.
(F) The identification, beginning in grade 3, of each
student who does not meet minimum standards of academic
achievement in reading, writing, and mathematics in order to
ensure that such student meets such standards prior to grade
promotion.
(G) The achievement of literacy, and the possession of the
knowledge and skills necessary to think critically,
communicate effectively, and perform competently on
districtwide assessments, by students attending District of
Columbia public schools prior to such student's completion of
grade 8.
(H) The establishment of after-school programs that promote
self-confidence, self-discipline, self-respect, good
citizenship, and respect for leaders, through such activities
as arts classes, physical fitness programs, and community
service.
(I) Steps necessary to establish an electronic data
transfer system.
(J) Encourage parental involvement in all school
activities, particularly parent teacher conferences.
(K) Development and implementation, through the Board of
Education and the Superintendent, of a uniform dress code for
the District of Columbia public schools, that--
(i) shall include a prohibition of gang membership symbols;
(ii) shall take into account the relative costs of any such
code for each student; and
(iii) may include a requirement that students wear
uniforms.
(L) The establishment of classes, beginning not later than
grade 3, to teach students how to use computers effectively.
(M) The development of community schools that enable
District of Columbia public schools to collaborate with other
public and nonprofit agencies and organizations, local
businesses, recreational, cultural, and other community and
human service entities, for the purpose of meeting the needs
and expanding the opportunities available to residents of the
communities served by such schools.
(N) The establishment of programs which provide counseling,
mentoring (especially peer mentoring), academic support,
outreach, and supportive services to elementary, middle, and
secondary school students who are at risk of dropping out of
school.
(O) The establishment of a comprehensive remedial education
program to assist students who do not meet basic literacy
standards, or the criteria of promotion gates established in
section 2421.
(P) The establishment of leadership development projects
for middle school principals, which projects shall increase
student learning and achievement and strengthen such
principals as instructional school leaders.
(Q) The implementation of a policy for performance-based
evaluation of principals and teachers, after consultation
with the Superintendent and unions (including unions that
represent teachers and unions that represent principals).
(R) The implementation of policies that require competitive
appointments for all District of Columbia public school
positions.
(S) The implementation of policies regarding alternative
teacher certification requirements.
(T) The implementation of testing requirements for teacher
licensing renewal.
(U) A review of the District of Columbia public school
central office budget and staffing reductions for each fiscal
year compared to the level of such budget and reductions at
the end of fiscal year 1995.
(V) The implementation of the discipline policy for the
District of Columbia public schools in order to ensure a
safe, disciplined environment conducive to learning.
(2) Other information.--For each of the items described in
subparagraphs (A) through (V) of paragraph (1), the long-term
reform plan shall include--
(A) a statement of measurable, objective performance goals;
(B) a description of the measures of performance to be used
in determining whether the Superintendent and Board of
Education have met the goals;
(C) dates by which the goals shall be met;
(D) plans for monitoring and reporting progress to District
of Columbia residents, the Mayor, the District of Columbia
Council, the Authority, the Consensus Commission, and the
appropriate congressional committees regarding the carrying
out of the long-term reform plan; and
(E) the title of the management employee of the District of
Columbia public schools most directly responsible for the
achievement of each goal and, with respect to each such
employee, the title of the employee's immediate supervisor or
superior.
(c) Amendments.--The Superintendent, with the approval of
the Board of Education, shall submit any amendment to the
long-term reform plan to the Mayor, the District of Columbia
Council, the Authority, the Consensus Commission, and the
appropriate congressional committees. Any amendment to the
long-term reform plan shall be consistent with the financial
plan and budget for fiscal year 1996, and each financial plan
and budget for a subsequent fiscal year, as the case may be,
for the District of Columbia required under section 201 of
the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
Subtitle B--Public Charter Schools
SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.
(a) Existing Public School.--An eligible applicant seeking
to convert a District of Columbia public school into a public
charter school--
(1) shall prepare a petition to establish a public charter
school that meets the requirements of section 2202;
(2) shall provide a copy of the petition to--
(A) the parents of minor students attending the existing
school;
[[Page 238]]
(B) adult students attending the existing school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible chartering
authority for approval after the petition--
(A) is signed by two-thirds of the sum of--
(i) the total number of parents of minor students attending
the school; and
(ii) the total number of adult students attending the
school; and
(B) is endorsed by at least two-thirds of full-time
teachers employed in the school.
(b) Private or Independent School.--An eligible applicant
seeking to convert an existing private or independent school
in the District of Columbia into a public charter school--
(1) shall prepare a petition to establish a public charter
school that is approved by the Board of Trustees or authority
responsible for the school and that meets the requirements of
section 2202;
(2) shall provide a copy of the petition to--
(A) the parents of minor students attending the existing
school;
(B) adult students attending the existing school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible chartering
authority for approval after the petition--
(A) is signed by two-thirds of the sum of--
(i) the total number of parents of minor students attending
the school; and
(ii) the total number of adult students attending the
school; and
(B) is endorsed by at least two-thirds of full-time
teachers employed in the school.
(c) New School.--An eligible applicant seeking to establish
in the District of Columbia a public charter school, but not
seeking to convert a District of Columbia public school or a
private or independent school into a public charter school,
shall file with an eligible chartering authority for approval
a petition to establish a public charter school that meets
the requirements of section 2202.
SEC. 2202. CONTENTS OF PETITION.
A petition under section 2201 to establish a public charter
school shall include the following:
(1) A statement defining the mission and goals of the
proposed school and the manner in which the school will meet
the content standards, and conduct the districtwide
assessments, described in section 2411(b).
(2) A statement of the need for the proposed school in the
geographic area of the school site.
(3) A description of the proposed instructional goals and
methods for the proposed school, which shall include, at a
minimum--
(A) the area of focus of the proposed school, such as
mathematics, science, or the arts, if the school will have
such a focus;
(B) the methods that will be used, including classroom
technology, to provide students with the knowledge,
proficiency, and skills needed--
(i) to become nationally and internationally competitive
students and educated individuals in the 21st century; and
(ii) to perform competitively on any districtwide
assessments; and
(C) the methods that will be used to improve student self-
motivation, classroom instruction, and learning for all
students.
(4) A description of the scope and size of the proposed
school's program that will enable students to successfully
achieve the goals established by the school, including the
grade levels to be served by the school and the projected and
maximum enrollment of each grade level.
(5) A description of the plan for evaluating student
academic achievement at the proposed school and the
procedures for remedial action that will be used by the
school when the academic achievement of a student falls below
the expectations of the school.
(6) An operating budget for the first 2 years of the
proposed school that is based on anticipated enrollment and
contains--
(A) a description of the method for conducting annual
audits of the financial, administrative, and programmatic
operations of the school;
(B) either--
(i) an identification of the site where the school will be
located, including a description of any buildings on the site
and any buildings proposed to be constructed on the site; or
(ii) a timetable by which such an identification will be
made;
(C) a description of any major contracts planned, with a
value equal to or exceeding $10,000, for equipment and
services, leases, improvements, purchases of real property,
or insurance; and
(D) a timetable for commencing operations as a public
charter school.
(7) A description of the proposed rules and policies for
governance and operation of the proposed school.
(8) Copies of the proposed articles of incorporation and
bylaws of the proposed school.
(9) The names and addresses of the members of the proposed
Board of Trustees and the procedures for selecting trustees.
(10) A description of the student enrollment, admission,
suspension, expulsion, and other disciplinary policies and
procedures of the proposed school, and the criteria for
making decisions in such areas.
(11) A description of the procedures the proposed school
plans to follow to ensure the health and safety of students,
employees, and guests of the school and to comply with
applicable health and safety laws, and all applicable civil
rights statutes and regulations of the Federal Government and
the District of Columbia.
(12) An explanation of the qualifications that will be
required of employees of the proposed school.
(13) An identification, and a description, of the
individuals and entities submitting the petition, including
their names and addresses, and the names of the organizations
or corporations of which such individuals are directors or
officers.
(14) A description of how parents, teachers, and other
members of the community have been involved in the design and
will continue to be involved in the implementation of the
proposed school.
(15) A description of how parents and teachers will be
provided an orientation and other training to ensure their
effective participation in the operation of the public
charter school.
(16) An assurance the proposed school will seek, obtain,
and maintain accreditation from at least one of the
following:
(A) The Middle States Association of Colleges and Schools.
(B) The Association of Independent Maryland Schools.
(C) The Southern Association of Colleges and Schools.
(D) The Virginia Association of Independent Schools.
(E) American Montessori Internationale.
(F) The American Montessori Society.
(G) The National Academy of Early Childhood Programs.
(H) Any other accrediting body deemed appropriate by the
eligible chartering authority that granted the charter to the
school.
(17) In the case that the proposed school's educational
program includes preschool or prekindergarten, an assurance
the proposed school will be licensed as a child development
center by the District of Columbia Government not later than
the first date on which such program commences.
(18) An explanation of the relationship that will exist
between the public charter school and the school's employees.
(19) A statement of whether the proposed school elects to
be treated as a local educational agency or a District of
Columbia public school for purposes of part B of the
Individuals With Disabilities Education Act (20 U.S.C. 1411
et seq.) and section 504 of the Rehabilitation Act of 1973
(20 U.S.C. 794), and notwithstanding any other provision of
law the eligible chartering authority shall not have the
authority to approve or disapprove such election.
SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER
SCHOOL PETITIONS.
(a) Schedule.--An eligible chartering authority shall
establish a schedule for receiving petitions to establish a
public charter school and shall publish any such schedule in
the District of Columbia Register and newspapers of general
circulation.
(b) Public Hearing.--Not later than 45 days after a
petition to establish a public charter school is filed with
an eligible chartering authority, the eligible chartering
authority shall hold a public hearing on the petition to
gather the information that is necessary for the eligible
chartering authority to make the decision to approve or deny
the petition.
(c) Notice.--Not later than 10 days prior to the scheduled
date of a public hearing on a petition to establish a
public charter school, an eligible chartering
authority--
(1) shall publish a notice of the hearing in the District
of Columbia Register and newspapers of general circulation;
and
(2) shall send a written notification of the hearing date
to the eligible applicant who filed the petition.
(d) Approval.--Subject to subsection (i), an eligible
chartering authority may approve a petition to establish a
public charter school, if--
(1) the eligible chartering authority determines that the
petition satisfies the requirements of this subtitle;
(2) the eligible applicant who filed the petition agrees to
satisfy any condition or requirement, consistent with this
subtitle and other applicable law, that is set forth in
writing by the eligible chartering authority as an amendment
to the petition; and
(3) the eligible chartering authority determines that the
public charter school has the ability to meet the educational
objectives outlined in the petition.
(e) Timetable.--An eligible chartering authority shall
approve or deny a petition to establish a public charter
school not later than 45 days after the conclusion of the
public hearing on the petition.
(f) Extension.--An eligible chartering authority and an
eligible applicant may agree to extend the 45-day time period
referred to in subsection (e) by a period that shall not
exceed 30 days.
(g) Denial Explanation.--If an eligible chartering
authority denies a petition or finds the petition to be
incomplete, the eligible chartering authority shall specify
in writing the reasons for its decision and indicate, when
the eligible chartering authority determines appropriate, how
the eligible applicant who filed the petition may revise the
petition to satisfy the requirements for approval.
(h) Approved Petition.--
(1) Notice.--Not later than 10 days after an eligible
chartering authority approves a petition to establish a
public charter school, the eligible chartering authority
shall provide a written notice of the approval, including a
copy of the approved petition and any conditions or
requirements agreed to under
[[Page 239]]
subsection (d)(2), to the eligible applicant and to the Chief
Financial Officer of the District of Columbia. The eligible
chartering authority shall publish a notice of the approval
of the petition in the District of Columbia Register and
newspapers of general circulation.
(2) Charter.--The provisions described in paragraphs (1),
(7), (8), (11), (16), (17), and (18) of section 2202 of a
petition to establish a public charter school that are
approved by an eligible chartering authority, together with
any amendments to the petition containing conditions or
requirements agreed to by the eligible applicant under
subsection (d)(2), shall be considered a charter granted to
the school by the eligible chartering authority.
(i) Number of Petitions.--
(1) First year.--For academic year 1996-1997, not more than
10 petitions to establish public charter schools may be
approved under this subtitle.
(2) Subsequent years.--For academic year 1997-1998 and each
academic year thereafter each eligible chartering authority
shall not approve more than 5 petitions to establish a public
charter school under this subtitle.
(j) Exclusive Authority of the Eligible Chartering
Authority.--No governmental entity, elected official, or
employee of the District of Columbia shall make, participate
in making, or intervene in the making of, the decision to
approve or deny a petition to establish a public charter
school, except for officers or employees of the eligible
chartering authority with which the petition is filed.
SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC
CHARTER SCHOOLS.
(a) Duties.--A public charter school shall comply with all
of the terms and provisions of its charter.
(b) Powers.--A public charter school shall have the
following powers:
(1) To adopt a name and corporate seal, but only if the
name selected includes the words ``public charter school''.
(2) To acquire real property for use as the public charter
school's facilities, from public or private sources.
(3) To receive and disburse funds for public charter school
purposes.
(4) Subject to subsection (c)(1), to secure appropriate
insurance and to make contracts and leases, including
agreements to procure or purchase services, equipment, and
supplies.
(5) To incur debt in reasonable anticipation of the receipt
of funds from the general fund of the District of Columbia or
the receipt of Federal or private funds.
(6) To solicit and accept any grants or gifts for public
charter school purposes, if the public charter school--
(A) does not accept any grants or gifts subject to any
condition contrary to law or contrary to its charter; and
(B) maintains for financial reporting purposes separate
accounts for grants or gifts.
(7) To be responsible for the public charter school's
operation, including preparation of a budget and personnel
matters.
(8) To sue and be sued in the public charter school's own
name.
(c) Prohibitions and Other Requirements.--
(1) Contracting authority.--
(A) Notice requirement.--Except in the case of an emergency
(as determined by the eligible chartering authority of a
public charter school), with respect to any contract proposed
to be awarded by the public charter school and having a value
equal to or exceeding $10,000, the school shall publish a
notice of a request for proposals in the District of Columbia
Register and newspapers of general circulation not less than
30 days prior to the award of the contract.
(B) Submission to the authority.--
(i) Deadline for submission.--With respect to any contract
described in subparagraph (A) that is awarded by a public
charter school, the school shall submit to the Authority, not
later than 3 days after the date on which the award is made,
all bids for the contract received by the school, the name of
the contractor who is awarded the contract, and the rationale
for the award of the contract.
(ii) Effective date of contract.--
(I) In general.--Subject to subclause (II), a contract
described in subparagraph (A) shall become effective on the
date that is 15 days after the date the school makes the
submission under clause (i) with respect to the contract, or
the effective date specified in the contract, whichever is
later.
(II) Exception.--A contract described in subparagraph (A)
shall be considered null and void if the Authority
determines, within 12 days of the date the school makes the
submission under clause (i) with respect to the contract,
that the contract endangers the economic viability of the
public charter school.
(2) Tuition.--A public charter school may not charge
tuition, fees, or other mandatory payments, except to
nonresident students, or for field trips or similar
activities.
(3) Control.--A public charter school--
(A) shall exercise exclusive control over its expenditures,
administration, personnel, and instructional methods, within
the limitations imposed in this subtitle; and
(B) shall be exempt from District of Columbia statutes,
policies, rules, and regulations established for the District
of Columbia public schools by the Superintendent, Board of
Education, Mayor, District of Columbia Council, or Authority,
except as otherwise provided in the school's charter or this
subtitle.
(4) Health and safety.--A public charter school shall
maintain the health and safety of all students attending such
school.
(5) Civil rights and idea.--The Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall
apply to a public charter school.
(6) Governance.--A public charter school shall be governed
by a Board of Trustees in a manner consistent with the
charter granted to the school and the provisions of this
subtitle.
(7) Other staff.--No employee of the District of Columbia
public schools may be required to accept employment with, or
be assigned to, a public charter school.
(8) Other students.--No student enrolled in a District of
Columbia public school may be required to attend a public
charter school.
(9) Taxes or bonds.--A public charter school shall not levy
taxes or issue bonds.
(10) Charter revision.--A public charter school seeking to
revise its charter shall prepare a petition for approval of
the revision and file the petition with the eligible
chartering authority that granted the charter. The provisions
of section 2203 shall apply to such a petition in the same
manner as such provisions apply to a petition to establish a
public charter school.
(11) Annual report.--
(A) In general.--A public charter school shall submit an
annual report to the eligible chartering authority that
approved its charter and to the Consensus Commission. The
school shall permit a member of the public to review any such
report upon request.
(B) Contents.--A report submitted under subparagraph (A)
shall include the following data:
(i) A report on the extent to which the school is meeting
its mission and goals as stated in the petition for the
charter school.
(ii) Student performance on any districtwide assessments.
(iii) Grade advancement for students enrolled in the public
charter school.
(iv) Graduation rates, college admission test scores, and
college admission rates, if applicable.
(v) Types and amounts of parental involvement.
(vi) Official student enrollment.
(vii) Average daily attendance.
(viii) Average daily membership.
(ix) A financial statement audited by an independent
certified public accountant in accordance with Government
auditing standards for financial audits issued by the
Comptroller General of the United States.
(x) A report on school staff indicating the qualifications
and responsibilities of such staff.
(xi) A list of all donors and grantors that have
contributed monetary or in-kind donations having a value
equal to or exceeding $500 during the year that is the
subject of the report.
(C) Nonidentifying data.--Data described in clauses (i)
through (ix) of subparagraph (B) that are included in an
annual report shall not identify the individuals to whom the
data pertain.
(12) Census.--A public charter school shall provide to the
Board of Education student enrollment data necessary for the
Board of Education to comply with section 3 of article II of
the Act of February 4, 1925 (D.C. Code, sec. 31-404)
(relating to census of minors).
(13) Complaint resolution process.--A public charter school
shall establish an informal complaint resolution process.
(14) Program of education.--A public charter school shall
provide a program of education which shall include one or
more of the following:
(A) Preschool.
(B) Prekindergarten.
(C) Any grade or grades from kindergarten through grade 12.
(D) Adult, community, continuing, and vocational education
programs.
(15) Nonsectarian nature of schools.--A public charter
school shall be nonsectarian and shall not be affiliated with
a sectarian school or religious institution.
(16) Nonprofit status of school.--A public charter school
shall be organized under the District of Columbia Nonprofit
Corporation Act (D.C. Code, sec. 29-501 et seq.).
(17) Immunity from civil liability.--
(A) In general.--A public charter school, and its
incorporators, Board of Trustees, officers, employees, and
volunteers, shall be immune from civil liability, both
personally and professionally, for any act or omission within
the scope of their official duties unless the act or
omission--
(i) constitutes gross negligence;
(ii) constitutes an intentional tort; or
(iii) is criminal in nature.
(B) Common law immunity preserved.--Subparagraph (A) shall
not be construed to abrogate any immunity under common law of
a person described in such subparagraph.
SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.
(a) Board of Trustees.--The members of a Board of Trustees
of a public charter school shall be elected or selected
pursuant to the charter granted to the school. Such Board of
Trustees shall have an odd number of members that does not
exceed 7, of which--
[[Page 240]]
(1) a majority shall be residents of the District of
Columbia; and
(2) at least 2 shall be parents of a student attending the
school.
(b) Eligibility.--An individual is eligible for election or
selection to the Board of Trustees of a public charter school
if the person--
(1) is a teacher or staff member who is employed at the
school;
(2) is a parent of a student attending the school; or
(3) meets the election or selection criteria set forth in
the charter granted to the school.
(c) Election or Selection of Parents.--In the case of the
first Board of Trustees of a public charter school to be
elected or selected after the date on which the school is
granted a charter, the election or selection of the members
under subsection (a)(2) shall occur on the earliest
practicable date after classes at the school have commenced.
Until such date, any other members who have been elected or
selected shall serve as an interim Board of Trustees. Such an
interim Board of Trustees may exercise all of the powers, and
shall be subject to all of the duties, of a Board of
Trustees.
(d) Fiduciaries.--The Board of Trustees of a public charter
school shall be fiduciaries of the school and shall set
overall policy for the school. The Board of Trustees may make
final decisions on matters related to the operation of the
school, consistent with the charter granted to the school,
this subtitle, and other applicable law.
SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.
(a) Open Enrollment.--Enrollment in a public charter school
shall be open to all students who are residents of the
District of Columbia and, if space is available, to
nonresident students who meet the tuition requirement in
subsection (e).
(b) Criteria for Admission.--A public charter school may
not limit enrollment on the basis of a student's race, color,
religion, national origin, language spoken, intellectual or
athletic ability, measures of achievement or aptitude, or
status as a student with special needs. A public charter
school may limit enrollment to specific grade levels.
(c) Random Selection.--If there are more applications to
enroll in a public charter school from students who are
residents of the District of Columbia than there are spaces
available, students shall be admitted using a random
selection process.
(d) Admission to an Existing School.--During the 5-year
period beginning on the date that a petition, filed by an
eligible applicant seeking to convert a District of Columbia
public school or a private or independent school into a
public charter school, is approved, the school may give
priority in enrollment to--
(1) students enrolled in the school at the time the
petition is granted;
(2) the siblings of students described in paragraph (1);
and
(3) in the case of the conversion of a District of Columbia
public school, students who reside within the attendance
boundaries, if any, in which the school is located.
(e) Nonresident Students.--Nonresident students shall pay
tuition to attend a public charter school at the applicable
rate established for District of Columbia public schools
administered by the Board of Education for the type of
program in which the student is enrolled.
(f) Student Withdrawal.--A student may withdraw from a
public charter school at any time and, if otherwise eligible,
enroll in a District of Columbia public school administered
by the Board of Education.
(g) Expulsion and Suspension.--The principal of a public
charter school may expel or suspend a student from the school
based on criteria set forth in the charter granted to the
school.
SEC. 2207. EMPLOYEES.
(a) Extended Leave of Absence Without Pay.--
(1) Leave of absence from district of columbia public
schools.--The Superintendent shall grant, upon request, an
extended leave of absence, without pay, to an employee of the
District of Columbia public schools for the purpose of
permitting the employee to accept a position at a public
charter school for a 2-year term.
(2) Request for extension.--At the end of a 2-year term
referred to in paragraph (1), an employee granted an extended
leave of absence without pay under such paragraph may submit
a request to the Superintendent for an extension of the leave
of absence for an unlimited number of 2-year terms. The
Superintendent may not unreasonably (as determined by the
eligible chartering authority) withhold approval of the
request.
(3) Rights upon termination of leave.--An employee granted
an extended leave of absence without pay for the purpose
described in paragraph (1) or (2) shall have the same rights
and benefits under law upon termination of such leave of
absence as an employee of the District of Columbia public
schools who is granted an extended leave of absence without
pay for any other purpose.
(b) Retirement System.--
(1) Creditable service.--An employee of a public charter
school who has received a leave of absence under subsection
(a) shall receive creditable service, as defined in section
2604 of D.C. Law 2-139, effective March 3, 1979 (D.C. Code,
sec. 1-627.4) and the rules established under such section,
for the period of the employee's employment at the public
charter school.
(2) Authority to establish separate system.--A public
charter school may establish a retirement system for
employees under its authority.
(3) Election of retirement system.--A former employee of
the District of Columbia public schools who becomes an
employee of a public charter school within 60 days after the
date the employee's employment with the District of Columbia
public schools is terminated may, at the time the employee
commences employment with the public charter school, elect--
(A) to remain in a District of Columbia Government
retirement system and continue to receive creditable service
for the period of their employment at a public charter
school; or
(B) to transfer into a retirement system established by the
public charter school pursuant to paragraph (2).
(4) Prohibited employment conditions.--No public charter
school may require a former employee of the District of
Columbia public schools to transfer to the public charter
school's retirement system as a condition of employment.
(5) Contributions.--
(A) Employees electing not to transfer.--In the case of a
former employee of the District of Columbia public schools
who elects to remain in a District of Columbia Government
retirement system pursuant to paragraph (3)(A), the public
charter school that employs the person shall make the same
contribution to such system on behalf of the person as the
District of Columbia would have been required to make if the
person had continued to be an employee of the District of
Columbia public schools.
(B) Employees electing to transfer.--In the case of a
former employee of the District of Columbia public schools
who elects to transfer into a retirement system of a public
charter school pursuant to paragraph (3)(B), the applicable
District of Columbia Government retirement system from which
the former employee is transferring shall compute the
employee's contribution to that system and transfer this
amount, to the retirement system of the public charter
school.
(c) Employment Status.--Notwithstanding any other provision
of law and except as provided in this section, an employee of
a public charter school shall not be considered to be an
employee of the District of Columbia Government for any
purpose.
SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.
A student attending a public charter school shall be
eligible for reduced fares on the Metrobus and Metrorail
Transit System on the same terms and conditions as are
applicable under section 2 of D.C. Law 2-152, effective March
9, 1979 (D.C. Code, sec. 44-216 et seq.), to a student
attending a District of Columbia public school.
SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO
PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services, such as facilities
maintenance, to public charter schools. All compensation for
costs of such services shall be subject to negotiation and
mutual agreement between a public charter school and the
Superintendent.
SEC. 2210. APPLICATION OF LAW.
(a) Elementary and Secondary Education Act of 1965.--
(1) Treatment as local educational agency.--
(A) In general.--For any fiscal year, a public charter
school shall be considered to be a local educational agency
for purposes of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), and
shall be eligible for assistance under such part, if the
fraction the numerator of which is the number of low-income
students enrolled in the public charter school during the
fiscal year preceding the fiscal year for which the
determination is made and the denominator of which is the
total number of students enrolled in such public charter
school for such preceding year, is equal to or greater than
the lowest fraction determined for any District of Columbia
public school receiving assistance under such part A where
the numerator is the number of low-income students enrolled
in such public school for such preceding year and the
denominator is the total number of students enrolled in such
public school for such preceding year.
(B) Definition.--For the purposes of this subsection, the
term ``low-income student'' means a student from a low-income
family determined according to the measure adopted by the
District of Columbia to carry out the provisions of part A of
title I of the Elementary and Secondary Education Act of 1965
that is consistent with the measures described in section
1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the fiscal
year for which the determination is made.
(2) Allocation for fiscal years 1996 through 1998.--
(A) Public charter schools.--For fiscal years 1996 through
1998, each public charter school that is eligible to receive
assistance under part A of title I of the Elementary and
Secondary Education Act of 1965 shall receive a portion of
the District of Columbia's total allocation under such part
which bears the same ratio to such total allocation as the
number described in subparagraph (C) bears to the number
described in subparagraph (D).
(B) District of columbia public schools.--For fiscal years
1996 through 1998, the District of Columbia public schools
shall receive a portion of the District of Columbia's total
allocation under part A of title I
[[Page 241]]
of the Elementary and Secondary Education Act of 1965 which
bears the same ratio to such total allocation as the total of
the numbers described in clauses (ii) and (iii) of
subparagraph (D) bears to the aggregate total described in
subparagraph (D).
(C) Number of eligible students enrolled in the public
charter school.--The number described in this subparagraph is
the number of low-income students enrolled in the public
charter school during the fiscal year preceding the fiscal
year for which the determination is made.
(D) Aggregate number of eligible students.--The number
described in this subparagraph is the aggregate total of the
following numbers:
(i) The number of low-income students who, during the
fiscal year preceding the fiscal year for which the
determination is made, were enrolled in a public charter
school.
(ii) The number of low-income students who, during the
fiscal year preceding the fiscal year for which the
determination is made, were enrolled in a District of
Columbia public school selected to provide services under
part A of title I of the Elementary and Secondary Education
Act of 1965.
(iii) The number of low-income students who, during the
fiscal year preceding the fiscal year for which the
determination is made--
(I) were enrolled in a private or independent school; and
(II) resided in an attendance area of a District of
Columbia public school selected to provide services under
part A of title I of the Elementary and Secondary Education
Act of 1965.
(3) Allocation for fiscal year 1999 and thereafter.--
(A) Calculation by secretary.--Notwithstanding sections
1124(a)(2), 1124A(a)(4), and 1125(d) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 0634(a)(2),
6334(a)(4), and 6335(d)), for fiscal year 1999 and each
fiscal year thereafter, the total allocation under part A of
title I of such Act for all local educational agencies in the
District of Columbia, including public charter schools that
are eligible to receive assistance under such part, shall be
calculated by the Secretary of Education. In making such
calculation, such Secretary shall treat all such local
educational agencies as if such agencies were a single local
educational agency for the District of Columbia.
(B) Allocation.--
(i) Public charter schools.--For fiscal year 1999 and each
fiscal year thereafter, each public charter school that is
eligible to receive assistance under part A of title I of the
Elementary and Secondary Education Act of 1965 shall receive
a portion of the total allocation calculated under
subparagraph (A) which bears the same ratio to such total
allocation as the number described in paragraph (2)(C) bears
to the aggregate total described in paragraph (2)(D).
(ii) District of columbia public school.--For fiscal year
1999 and each fiscal year thereafter, the District of
Columbia public schools shall receive a portion of the total
allocation calculated under subparagraph (A) which bears the
same ratio to such total allocation as the total of the
numbers described in clauses (ii) and (iii) of paragraph
(2)(D) bears to the aggregate total described in paragraph
(2)(D).
(4) Use of esea funds.--The Board of Education may not
direct a public charter school in the school's use of funds
under part A of title I of the Elementary and Secondary
Education Act of 1965.
(5) ESEA requirements.--Except as provided in paragraph
(6), a public charter school receiving funds under part A of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) shall comply with all requirements
applicable to schools receiving such funds.
(6) Inapplicability of certain esea provisions.--The
following provisions of the Elementary and Secondary
Education Act of 1965 shall not apply to a public charter
school:
(A) Paragraphs (5) and (8) of section 1112(b) (20 U.S.C.
6312(b)).
(B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), (1)(F),
(1)(H), and (3) of section 1112(c) (20 U.S.C. 6312(c)).
(C) Section 1113 (20 U.S.C. 6313).
(D) Section 1115A (20 U.S.C. 6316).
(E) Subsections (a), (b), and (c) of section 1116 (20
U.S.C. 6317).
(F) Subsections (d) and (e) of section 1118 (20 U.S.C.
6319).
(G) Section 1120 (20 U.S.C. 6321).
(H) Subsections (a) and (c) of section 1120A (20 U.S.C.
6322).
(I) Section 1126 (20 U.S.C. 6337).
(b) Property and Sales Taxes.--A public charter school
shall be exempt from District of Columbia property and sales
taxes.
(c) Education of Children With Disabilities.--
Notwithstanding any other provision of this title, each
public charter school shall elect to be treated as a local
educational agency or a District of Columbia public school
for the purpose of part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.) and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794).
SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING
AUTHORITIES.
(a) Oversight.--
(1) In general.--An eligible chartering authority--
(A) shall monitor the operations of each public charter
school to which the eligible chartering authority has granted
a charter;
(B) shall ensure that each such school complies with
applicable laws and the provisions of the charter granted to
such school; and
(C) shall monitor the progress of each such school in
meeting student academic achievement expectations specified
in the charter granted to such school.
(2) Production of books and records.--An eligible
chartering authority may require a public charter school to
which the eligible chartering authority has granted a charter
to produce any book, record, paper, or document, if the
eligible chartering authority determines that such production
is necessary for the eligible chartering authority to carry
out its functions under this subtitle.
(b) Fees.--
(1) Application fee.--An eligible chartering authority may
charge an eligible applicant a fee, not to exceed $150, for
processing a petition to establish a public charter school.
(2) Administration fee.--In the case of an eligible
chartering authority that has granted a charter to a public
charter school, the eligible chartering authority may charge
the school a fee, not to exceed one-half of one percent of
the annual budget of the school, to cover the cost of
undertaking the ongoing administrative responsibilities of
the eligible chartering authority with respect to the school
that are described in this subtitle. The school shall pay the
fee to the eligible chartering authority not later than
November 15 of each year.
(c) Immunity From Civil Liability.--
(1) In general.--An eligible chartering authority, the
Board of Trustees of such an eligible chartering authority,
and a director, officer, employee, or volunteer of such an
eligible chartering authority, shall be immune from civil
liability, both personally and professionally, for any act or
omission within the scope of their official duties unless the
act or omission--
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
(C) is criminal in nature.
(2) Common law immunity preserved.--Paragraph (1) shall not
be construed to abrogate any immunity under common law of a
person described in such paragraph.
(d) Annual Report.--On or before July 30 of each year, each
eligible chartering authority that issues a charter under
this subtitle shall submit a report to the Mayor, the
District of Columbia Council, the Board of Education, the
Secretary of Education, the appropriate congressional
committees, and the Consensus Commission that includes the
following information:
(1) A list of the members of the eligible chartering
authority and the addresses of such members.
(2) A list of the dates and places of each meeting of the
eligible chartering authority during the year preceding the
report.
(3) The number of petitions received by the eligible
chartering authority for the conversion of a District of
Columbia public school or a private or independent school to
a public charter school, and for the creation of a new school
as a public charter school.
(4) The number of petitions described in paragraph (3) that
were approved and the number that were denied, as well as a
summary of the reasons for which such petitions were denied.
(5) A description of any new charters issued by the
eligible chartering authority during the year preceding the
report.
(6) A description of any charters renewed by the eligible
chartering authority during the year preceding the report.
(7) A description of any charters revoked by the eligible
chartering authority during the year preceding the report.
(8) A description of any charters refused renewal by the
eligible chartering authority during the year preceding the
report.
(9) Any recommendations the eligible chartering authority
has concerning ways to improve the administration of public
charter schools.
SEC. 2212. CHARTER RENEWAL.
(a) Term.--A charter granted to a public charter school
shall remain in force for a 5-year period, but may be renewed
for an unlimited number of times, each time for a 5-year
period.
(b) Application for Charter Renewal.--In the case of a
public charter school that desires to renew its charter, the
Board of Trustees of the school shall file an application to
renew the charter with the eligible chartering authority that
granted the charter not later than 120 days nor earlier than
365 days before the expiration of the charter. The
application shall contain the following:
(1) A report on the progress of the public charter school
in achieving the goals, student academic achievement
expectations, and other terms of the approved charter.
(2) All audited financial statements for the public charter
school for the preceding 4 years.
(c) Approval of Charter Renewal Application.--The eligible
chartering authority that granted a charter shall approve an
application to renew the charter that is filed in accordance
with subsection (b), except that the eligible chartering
authority shall not approve such application if the eligible
chartering authority determines that--
(1) the school committed a material violation of applicable
laws or a material violation of the conditions, terms,
standards, or procedures set forth in its charter, including
violations relating to the education of children with
disabilities; or
(2) the school failed to meet the goals and student
academic achievement expectations set forth in its charter.
[[Page 242]]
(d) Procedures for Consideration of Charter Renewal.--
(1) Notice of right to hearing.--An eligible chartering
authority that has received an application to renew a charter
that is filed by a Board of Trustees in accordance with
subsection (b) shall provide to the Board of Trustees written
notice of the right to an informal hearing on the
application. The eligible chartering authority shall provide
the notice not later than 15 days after the date on which the
eligible chartering authority received the application.
(2) Request for hearing.--Not later than 15 days after the
date on which a Board of Trustees receives a notice under
paragraph (1), the Board of Trustees may request, in writing,
an informal hearing on the application before the eligible
chartering authority.
(3) Date and time of hearing.--
(A) Notice.--Upon receiving a timely written request for a
hearing under paragraph (2), an eligible chartering authority
shall set a date and time for the hearing and shall provide
reasonable notice of the date and time, as well as the
procedures to be followed at the hearing, to the Board of
Trustees.
(B) Deadline.--An informal hearing under this subsection
shall take place not later than 30 days after an eligible
chartering authority receives a timely written request for
the hearing under paragraph (2).
(4) Final decision.--
(A) Deadline.--An eligible chartering authority shall
render a final decision, in writing, on an application to
renew a charter--
(i) not later than 30 days after the date on which the
eligible chartering authority provided the written notice of
the right to a hearing, in the case of an application with
respect to which such a hearing is not held; and
(ii) not later than 30 days after the date on which the
hearing is concluded, in the case of an application with
respect to which a hearing is held.
(B) Reasons for nonrenewal.--An eligible chartering
authority that denies an application to renew a charter shall
state in its decision the reasons for denial.
(5) Alternatives upon nonrenewal.--If an eligible
chartering authority denies an application to renew a charter
granted to a public charter school, the Board of Education
may--
(A) manage the school directly until alternative
arrangements can be made for students at the school; or
(B) place the school in a probationary status that requires
the school to take remedial actions, to be determined by the
Board of Education, that directly relate to the grounds for
the denial.
(6) Judicial review.--
(A) Availability of review.--A decision by an eligible
chartering authority to deny an application to renew a
charter shall be subject to judicial review by an appropriate
court of the District of Columbia.
(B) Standard of review.--A decision by an eligible
chartering authority to deny an application to renew a
charter shall be upheld unless the decision is arbitrary and
capricious or clearly erroneous.
SEC. 2213. CHARTER REVOCATION.
(a) Charter or Law Violations.--An eligible chartering
authority that has granted a charter to a public charter
school may revoke the charter if the eligible chartering
authority determines that the school has committed a
violation of applicable laws or a material violation of the
conditions, terms, standards, or procedures set forth in the
charter, including violations relating to the education of
children with disabilities.
(b) Fiscal Mismanagement.--An eligible chartering authority
that has granted a charter to a public charter school shall
revoke the charter if the eligible chartering authority
determines that the school--
(1) has engaged in a pattern of nonadherence to generally
accepted accounting principles;
(2) has engaged in a pattern of fiscal mismanagement; or
(3) is no longer economically viable.
(c) Procedures for Consideration of Revocation.--
(1) Notice of right to hearing.--An eligible chartering
authority that is proposing to revoke a charter granted to a
public charter school shall provide to the Board of Trustees
of the school a written notice stating the reasons for the
proposed revocation. The notice shall inform the Board of
Trustees of the right of the Board of Trustees to an informal
hearing on the proposed revocation.
(2) Request for hearing.--Not later than 15 days after the
date on which a Board of Trustees receives a notice under
paragraph (1), the Board of Trustees may request, in writing,
an informal hearing on the proposed revocation before the
eligible chartering authority.
(3) Date and time of hearing.--
(A) Notice.--Upon receiving a timely written request for a
hearing under paragraph (2), an eligible chartering authority
shall set a date and time for the hearing and shall provide
reasonable notice of the date and time, as well as the
procedures to be followed at the hearing, to the Board of
Trustees.
(B) Deadline.--An informal hearing under this subsection
shall take place not later than 30 days after an eligible
chartering authority receives a timely written request for
the hearing under paragraph (2).
(4) Final decision.--
(A) Deadline.--An eligible chartering authority shall
render a final decision, in writing, on the revocation of a
charter--
(i) not later than 30 days after the date on which the
eligible chartering authority provided the written notice of
the right to a hearing, in the case of a proposed revocation
with respect to which such a hearing is not held; and
(ii) not later than 30 days after the date on which the
hearing is concluded, in the case of a proposed revocation
with respect to which a hearing is held.
(B) Reasons for revocation.--An eligible chartering
authority that revokes a charter shall state in its decision
the reasons for the revocation.
(5) Alternatives upon revocation.--If an eligible
chartering authority revokes a charter granted to a public
charter school, the Board of Education may manage the school
directly until alternative arrangements can be made for
students at the school.
(6) Judicial review.--
(A) Availability of review.--A decision by an eligible
chartering authority to revoke a charter shall be subject to
judicial review by an appropriate court of the District of
Columbia.
(B) Standard of review.--A decision by an eligible
chartering authority to revoke a charter shall be upheld
unless the decision is arbitrary and capricious or clearly
erroneous.
SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.
(a) Establishment.--
(1) In general.--There is established within the District
of Columbia Government a Public Charter School Board (in this
section referred to as the ``Board'').
(2) Membership.--The Secretary of Education shall present
the Mayor a list of 15 individuals the Secretary determines
are qualified to serve on the Board. The Mayor, in
consultation with the District of Columbia City Council,
shall appoint 7 individuals from the list to serve on the
Board. The Secretary of Education shall recommend, and the
Mayor shall appoint, members to serve on the Board so that a
knowledge of each of the following areas is represented on
the Board:
(A) Research about and experience in student learning,
quality teaching, and evaluation of and accountability in
successful schools.
(B) The operation of a financially sound enterprise,
including leadership and management techniques, as well as
the budgeting and accounting skills critical to the startup
of a successful enterprise.
(C) The educational, social, and economic development needs
of the District of Columbia.
(D) The needs and interests of students and parents in the
District of Columbia, as well as methods of involving parents
and other members of the community in individual schools.
(3) Vacancies.--Any time there is a vacancy in the
membership of the Board, the Secretary of Education shall
present the Mayor a list of 3 individuals the Secretary
determines are qualified to serve on the Board. The Mayor, in
consultation with the District of Columbia Council, shall
appoint 1 individual from the list to serve on the Board. The
Secretary shall recommend and the Mayor shall appoint, such
member of the Board taking into consideration the criteria
described in paragraph (2). Any member appointed to fill a
vacancy occurring prior to the expiration of the term of a
predecessor shall be appointed only for the remainder of the
term.
(4) Time limit for appointments.--If, at any time, the
Mayor does not appoint members to the Board sufficient to
bring the Board's membership to 7 within 30 days of receiving
a recommendation from the Secretary of Education under
paragraph (2) or (3), the Secretary shall make such
appointments as are necessary to bring the membership of the
Board to 7.
(5) Terms of members.--
(A) In general.--Members of the Board shall serve for terms
of 4 years, except that, of the initial appointments made
under paragraph (2), the Mayor shall designate--
(i) 2 members to serve terms of 3 years;
(ii) 2 members to serve terms of 2 years; and
(iii) 1 member to serve a term of 1 year.
(B) Reappointment.--Members of the Board shall be eligible
to be reappointed for one 4-year term beyond their initial
term of appointment.
(6) Independence.--No person employed by the District of
Columbia public schools or a public charter school shall be
eligible to be a member of the Board or to be employed by the
Board.
(b) Operations of the Board.--
(1) Chair.--The members of the Board shall elect from among
their membership 1 individual to serve as Chair. Such
election shall be held each year after members of the Board
have been appointed to fill any vacancies caused by the
regular expiration of previous members' terms, or when
requested by a majority vote of the members of the Board.
(2) Quorum.--A majority of the members of the Board, not
including any positions that may be vacant, shall constitute
a quorum sufficient for conducting the business of the Board.
(3) Meetings.--The Board shall meet at the call of the
Chair, subject to the hearing requirements of sections 2203,
2212(d)(3), and 2213(c)(3).
(c) No Compensation for Service.--Members of the Board
shall serve without pay, but may receive reimbursement for
any reasonable and necessary expenses incurred by reason of
service on the Board.
(d) Personnel and Resources.--
[[Page 243]]
(1) In general.--Subject to such rules as may be made by
the Board, the Chair shall have the power to appoint,
terminate, and fix the pay of an Executive Director and such
other personnel of the Board as the Chair considers
necessary, but no individual so appointed shall be paid in
excess of the rate payable for level EG-16 of the Educational
Service of the District of Columbia.
(2) Special rule.--The Board is authorized to use the
services, personnel, and facilities of the District of
Columbia.
(e) Expenses of Board.--Any expenses of the Board shall be
paid from such funds as may be available to the Mayor.
(f) Audit.--The Board shall provide for an audit of the
financial statements of the Board by an independent certified
public accountant in accordance with Government auditing
standards for financial audits issued by the Comptroller
General of the United States.
(g) Authorization of Appropriations.--For the purpose of
carrying out the provisions of this section and conducting
the Board's functions required by this subtitle, there are
authorized to be appropriated $300,000 for fiscal year 1996
and such sums as may be necessary for each of the 4
succeeding fiscal years.
SEC. 2215. FEDERAL ENTITIES.
(a) In General.--The following Federal agencies and
federally established entities are encouraged to explore
whether it is feasible for the agency or entity to establish
one or more public charter schools:
(1) The Library of Congress.
(2) The National Aeronautics and Space Administration.
(3) The Drug Enforcement Administration.
(4) The National Science Foundation.
(5) The Department of Justice.
(6) The Department of Defense.
(7) The Department of Education.
(8) The Smithsonian Institution, including the National
Zoological Park, the National Museum of American History, the
John F. Kennedy Center for the Performing Arts, and the
National Gallery of Art.
(b) Report.--Not later than 120 days after date of
enactment of this Act, any agency or institution described in
subsection (a) that has explored the feasibility of
establishing a public charter school shall report its
determination on the feasibility to the appropriate
committees of the Congress.
Subtitle C--Even Start
SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.
(a) Authorization of Appropriations.--Section 1002 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6302) is amended by striking subsection (b) and inserting the
following:
``(b) Even Start.--
``(1) In general.--For the purpose of carrying out part B,
there are authorized to be appropriated $118,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
``(2) District of columbia.--For the purpose of carrying
out Even Start programs in the District of Columbia described
in section 1211, there are authorized to be appropriated--
``(A) $2,000,000 for fiscal year 1996;
``(B) $3,500,000 for fiscal year 1997;
``(C) $5,000,000 for fiscal year 1998;
``(D) $5,000,000 for fiscal year 1999; and
``(E) $5,000,000 for fiscal year 2000.''.
(b) Even Start Family Literacy Programs.--Part B of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6361 et seq.) is amended--
(1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)), by
inserting ``(1)'' after ``1002(b)'';
(2) in section 1202(b) (20 U.S.C. 6362(b)), by inserting
``(1)'' after ``1002(b)'';
(3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)), by
inserting ``(1)'' after ``1002(b)'';
(4) in section 1204(a) (20 U.S.C. 6364(a)), by inserting
``intensive'' after ``cost of providing'';
(5) in section 1205(4) (20 U.S.C. 6365(4)), by inserting
``, intensive'' after ``high-quality''; and
(6) by adding at the end the following new section:
``SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIATIVES.
``(a) District of Columbia Program Authorized.--
``(1) In general.--In addition to any grant for the
District of Columbia authorized under section 1202, the
Secretary shall provide grants, on a competitive basis, to
eligible entities to enable such entities to carry out Even
Start programs in the District of Columbia that build on the
findings of the National Evaluation of the Even Start Family
Literacy Program, such as providing intensive services in
early childhood education, parent training, and adult
literacy or adult education.
``(2) Number of grants.--The Secretary shall award--
``(A) not more than 8 grants under this section for fiscal
year 1996;
``(B) not more than 14 grants under this section for fiscal
year 1997;
``(C) not more than 20 grants under this section for each
of the fiscal years 1998 and 1999; and
``(D) not more than 20 grants under this section, or such
number as the Secretary determines appropriate taking into
account the results of evaluations described in subsection
(i), for fiscal year 2000.
``(b) Definition.--For the purpose of this section, the
term `eligible entity' means a partnership composed of at
least--
``(1) a District of Columbia public school;
``(2) the local educational agency in existence on
September 1, 1995 for the District of Columbia, any other
public organization, or an institution of higher education
(as defined in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a))); and
``(3) a private nonprofit community-based organization.
``(c) Uses of Funds; Federal Share.--
``(1) Compliance.--Each eligible entity that receives funds
under this section shall comply with section 1204(a) and
1204(b)(3), relating to the use of such funds.
``(2) Federal share.--Each program funded under this
section is subject to the Federal share requirement of
section 1204(b)(1), except that the Secretary may waive that
requirement, in whole or in part, for any eligible entity
that demonstrates to the Secretary's satisfaction that such
entity otherwise would not be able to participate in the
program under this section.
``(3) Minimum.--Except as provided in paragraph (4), each
eligible entity selected to receive a grant under this
section shall receive not more than $250,000 in any fiscal
year, except that the Secretary may increase such amount if
the Secretary determines that--
``(A) such entity needs additional funds to be effective;
and
``(B) the increase will not reduce the amount of funds
available to other eligible entities that receive funds under
this section.
``(4) Remaining funds.--If funds remain after payments are
made under paragraph (3) for any fiscal year, the Secretary
shall make such remaining funds available to each eligible
entity receiving a grant under this section for such year in
an amount that bears the same relation to such funds as the
amount each such entity received under this section bears to
the amount all such entities received under this section.
``(d) Program Elements.--Each program assisted under this
section shall comply with the program elements described in
section 1205, including intensive high quality instruction
programs of early childhood education, parent training, and
adult literacy or adult education.
``(e) Eligible Participants.--
``(1) In general.--Individuals eligible to participate in a
program under this section are--
``(A) the parent or parents of a child described in
subparagraph (B), or any other adult who is substantially
involved in the day-to-day care of the child, if such parent
or adult--
``(i) is eligible to participate in an adult education
program under the Adult Education Act; or
``(ii) is attending, or is eligible by age to attend, a
District of Columbia public school; and
``(B) any child, from birth through age 7, of an individual
described in subparagraph (A).
``(2) Eligibility requirements.--The eligibility factors
described in section 1206(b) shall apply to programs under
this section, except that for purposes of this section--
``(A) the reference in paragraph (1) to subsection (a)
shall be read to refer to paragraph (1); and
``(B) references in such section to this part shall be read
to refer to this section.
``(f) Applications.--Each eligible entity that wishes to
receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(g) Selection of Grantees.--In awarding grants under this
section, the Secretary shall--
``(1) use the selection criteria described in subparagraphs
(A) through (F), and (H), of section 1208(a)(1); and
``(2) give priority to applications for programs that--
``(A) target services to schools in which a schoolwide
program is being conducted under section 1114; or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(h) Duration of Programs.--The priority for subgrants
described in section 1208(a)(2), and the progress requirement
described in section 1208(b)(4), shall apply to grants made
under this section, except that--
``(1) references in those sections to the State educational
agency and to subgrants shall be read to refer to the
Secretary and to grants under this section, respectively; and
``(2) notwithstanding section 1208(b), the Secretary shall
not provide continuation funding to a grant recipient under
this section if the Secretary determines, after affording the
recipient notice and an opportunity for a hearing, that the
recipient has not made substantial progress in accomplishing
the objectives of this section.
``(i) Technical Assistance and Evaluation.--
``(1) Technical assistance.--(A) The Secretary shall use
not more than 5 percent of the amounts authorized under
section 1002(b)(2) for any fiscal year--
``(i) to provide technical assistance to eligible entities,
including providing funds to one or more District of Columbia
nonprofit organizations to enable such organizations to
provide technical assistance to eligible entities in the
areas of community development and coalition building; and
``(ii) for the evaluation conducted pursuant to paragraph
(2).
``(B) The Secretary shall allocate 5 percent of the amounts
authorized under section 1002(b)(2) for any fiscal year to
enter into a contract with the National Center for Fam
[[Page 244]]
ily Literacy for the provision of technical assistance to
eligible entities.
``(2) Evaluation.--(A) The Secretary shall use funds
available under paragraph (1)(A)--
``(i) to provide for independent evaluations of programs
under this section in order to determine the effectiveness of
such programs in providing high quality family literacy
services, including--
``(I) intensive and high quality early childhood education;
``(II) intensive and high quality services in adult
literacy or adult education;
``(III) intensive and high quality services in parent
training;
``(IV) coordination with related programs; and
``(V) training of related personnel in appropriate skill
areas; and
``(ii) to determine if the grant amount provided to
eligible recipients to carry out such projects is appropriate
to accomplish the objectives of this section.
``(B)(i) Such evaluation shall be conducted by individuals
not directly involved in the administration of a program
operated with funds provided under this section. Such
independent evaluators and the program administrators shall
jointly develop evaluation criteria which provide for
appropriate analysis of the factors listed in subparagraph
(A).
``(ii) In order to determine a program's effectiveness,
each evaluation shall contain objective measures of such
effectiveness, and whenever feasible, shall contain the
specific views of program participants about such programs.
``(C) The Secretary shall prepare and submit to the
appropriate congressional committees a report regarding the
results of such evaluations not later than March 1, 1999. The
Secretary shall provide an interim report regarding the
results of such evaluations by March 1, 1998.''.
Subtitle D--World Class Schools Task Force, Core Curriculum, Content
Standards, Assessments, and Promotion Gates
PART 1--WORLD CLASS SCHOOLS TASK FORCE, CORE CURRICULUM, CONTENT
STANDARDS, AND ASSESSMENTS
SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.
(a) Grant Authorized.--
(1) In general.--The Superintendent is authorized to award
a grant to a World Class Schools Task Force to enable such
task force to make the recommendation described in subsection
(b).
(2) Definition.--For the purpose of this subtitle, the term
``World Class Schools Task Force'' means 1 nonprofit
organization located in the District of Columbia that--
(A) has a national reputation for advocating content
standards;
(B) has a national reputation for advocating a strong
liberal arts curriculum;
(C) has experience with at least 4 urban school districts
for the purpose of establishing content standards;
(D) has developed and managed professional development
programs in science, mathematics, the humanities and the
arts; and
(E) is governed by an independent board of directors
composed of citizens with a variety of experiences in
education and public policy.
(b) Recommendation Required.--
(1) In general.--The World Class Schools Task Force shall
recommend to the Superintendent, the Board of Education, and
the District of Columbia Goals Panel the following:
(A) Content standards in the core academic subjects that
are developed by working with the District of Columbia
community, which standards shall be developed not later than
12 months after the date of enactment of this Act.
(B) A core curriculum developed by working with the
District of Columbia community, which curriculum shall
include the teaching of computer skills.
(C) Districtwide assessments for measuring student
achievement in accordance with content standards developed
under subparagraph (A). Such assessments shall be developed
at several grade levels, including at a minimum, the grade
levels with respect to which the Superintendent establishes
promotion gates under section 2421. To the extent feasible,
such assessments shall, at a minimum, be designed to provide
information that permits comparisons between--
(i) individual District of Columbia public schools and
public charter schools; and
(ii) individual students attending such schools.
(D) Model professional development programs for teachers
using the standards and curriculum developed under
subparagraphs (A) and (B).
(2) Special rule.--The World Class Schools Task Force is
encouraged, to the extent practicable, to develop
districtwide assessments described in paragraph (1)(C) that
permit comparisons among--
(A) individual District of Columbia public schools and
public charter schools, and individual students attending
such schools; and
(B) students of other nations.
(c) Content.--The content standards and assessments
recommended under subsection (b) shall be judged by the World
Class Schools Task Force to be world class, including having
a level of quality and rigor, or being analogous to content
standards and assessments of other States or nations
(including nations whose students historically score high on
international studies of student achievement).
(d) Submission to Board of Education for Adoption.--If the
content standards, curriculum, assessments, and programs
recommended under subsection (b) are approved by the
Superintendent, the Superintendent may submit such content
standards, curriculum, assessments, and programs to the Board
of Education for adoption.
SEC. 2412. CONSULTATION.
The World Class Schools Task Force shall conduct its duties
under this part in consultation with--
(1) the District of Columbia Goals Panel;
(2) officials of the District of Columbia public schools
who have been identified by the Superintendent as having
responsibilities relevant to this part, including the Deputy
Superintendent for Curriculum;
(3) the District of Columbia community, with particular
attention given to educators, and parent and business
organizations; and
(4) any other persons or groups that the task force deems
appropriate.
SEC. 2413. ADMINISTRATIVE PROVISIONS.
The World Class Schools Task Force shall ensure public
access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) that are relevant to its duties under
this part and shall make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 2414. CONSULTANTS.
Upon the request of the World Class Schools Task Force, the
head of any department or agency of the Federal Government
may detail any of the personnel of such agency to such task
force to assist such task force in carrying out such task
force's duties under this part.
SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for
fiscal year 1996 to carry out this part. Such funds shall
remain available until expended.
PART 2--PROMOTION GATES
SEC. 2421. PROMOTION GATES.
(a) Kindergarten Through 4th Grade.--Not later than one
year after the date of adoption in accordance with section
2411(d) of the assessments described in section
2411(b)(1)(C), the Superintendent shall establish and
implement promotion gates for mathematics, reading, and
writing, for not less than 1 grade level from kindergarten
through grade 4, including at least grade 4, and shall
establish dates for establishing such other promotion gates
for other subject areas.
(b) 5th Through 8th Grades.--Not later than one year after
the adoption in accordance with section 2411(d) of the
assessments described in section 2411(b)(1)(C), the
Superintendent shall establish and implement promotion gates
with respect to not less than one grade level from grade 5
through grade 8, including at least grade 8.
(c) 9th Through 12th Grades.--Not later than one year after
the adoption in accordance with section 2411(d) of the
assessments described in section 2411(b)(1)(C), the
Superintendent shall establish and implement promotion gates
with respect to not less than one grade level from grade 9
through grade 12, including at least grade 12.
Subtitle E--Per Capita District of Columbia Public School and Public
Charter School Funding
SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.
(a) In General.--For fiscal year 1997 and for each
subsequent fiscal year, the Mayor shall make annual payments
from the general fund of the District of Columbia in
accordance with the formula established under subsection (b).
(b) Formula.--
(1) In general.--The Mayor and the District of Columbia
Council, in consultation with the Board of Education and the
Superintendent, shall establish on or before April 15, 1996,
a formula to determine the amount of--
(A) the annual payment to the Board of Education for the
operating expenses of the District of Columbia public
schools, which for purposes of this paragraph includes the
operating expenses of the Board of Education and the Office
of the Superintendent; and
(B) the annual payment to each public charter school for
the operating expenses of each public charter school.
(2) Formula calculation.--Except as provided in paragraph
(3), the amount of the annual payment under paragraph (1)
shall be calculated by multiplying a uniform dollar amount
used in the formula established under such paragraph by--
(A) the number of students calculated under section 2502
that are enrolled at District of Columbia public schools, in
the case of the payment under paragraph (1)(A); or
(B) the number of students calculated under section 2502
that are enrolled at each public charter school, in the case
of a payment under paragraph (1)(B).
(3) Exceptions.--
(A) Formula.--Notwithstanding paragraph (2), the Mayor and
the District of Columbia Council, in consultation with the
Board of Education and the Superintendent, may adjust the
formula to increase or decrease the amount of the annual
payment to the District of Columbia public schools or each
public charter school based on a calculation of--
(i) the number of students served by such schools in
certain grade levels; and
(ii) the cost of educating students at such certain grade
levels.
(B) Payment.--Notwithstanding paragraph (2), the Mayor and
the District of Columbia Council, in consultation with the
Board of Education and the Superintendent, may adjust the
amount of the annual payment
[[Page 245]]
under paragraph (1) to increase the amount of such payment if
a District of Columbia public school or a public charter
school serves a high number of students--
(i) with special needs; or
(ii) who do not meet minimum literacy standards.
SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.
(a) School Reporting Requirement.--
(1) In general.--Not later than September 15, 1996, and not
later than September 15 of each year thereafter, each
District of Columbia public school and public charter school
shall submit a report to the Mayor and the Board of Education
containing the information described in subsection (b) that
is applicable to such school.
(2) Special rule.--Not later than April 1, 1997, and not
later than April 1 of each year thereafter, each public
charter school shall submit a report in the same form and
manner as described in paragraph (1) to ensure accurate
payment under section 2503(a)(2)(B)(ii).
(b) Calculation of Number of Students.--Not later than 30
days after the date of the enactment of this Act, and not
later than October 15 of each year thereafter, the Board of
Education shall calculate the following:
(1) The number of students, including nonresident students
and students with special needs, enrolled in each grade from
kindergarten through grade 12 of the District of Columbia
public schools and in public charter schools, and the number
of students whose tuition for enrollment in other schools is
paid for with funds available to the District of Columbia
public schools.
(2) The amount of fees and tuition assessed and collected
from the nonresident students described in paragraph (1).
(3) The number of students, including nonresident students,
enrolled in preschool and prekindergarten in the District of
Columbia public schools and in public charter schools.
(4) The amount of fees and tuition assessed and collected
from the nonresident students described in paragraph (3).
(5) The number of full time equivalent adult students
enrolled in adult, community, continuing, and vocational
education programs in the District of Columbia public schools
and in public charter schools.
(6) The amount of fees and tuition assessed and collected
from resident and nonresident adult students described in
paragraph (5).
(7) The number of students, including nonresident students,
enrolled in nongrade level programs in District of Columbia
public schools and in public charter schools.
(8) The amount of fees and tuition assessed and collected
from nonresident students described in paragraph (7).
(c) Annual Reports.--Not later than 30 days after the date
of the enactment of this Act, and not later than October 15
of each year thereafter, the Board of Education shall prepare
and submit to the Authority, the Mayor, the District of
Columbia Council, the Consensus Commission, the Comptroller
General of the United States, and the appropriate
congressional committees a report containing a summary of the
most recent calculations made under subsection (b).
(d) Audit of Initial Calculations.--
(1) In general.--The Board of Education shall arrange with
the Authority to provide for the conduct of an independent
audit of the initial calculations described in subsection
(b).
(2) Conduct of audit.--In conducting the audit, the
independent auditor--
(A) shall provide an opinion as to the accuracy of the
information contained in the report described in subsection
(c); and
(B) shall identify any material weaknesses in the systems,
procedures, or methodology used by the Board of Education--
(i) in determining the number of students, including
nonresident students, enrolled in the District of Columbia
public schools and in public charter schools, and the number
of students whose tuition for enrollment in other school
systems is paid for by funds available to the District of
Columbia public schools; and
(ii) in assessing and collecting fees and tuition from
nonresident students.
(3) Submission of audit.--Not later than 45 days, or as
soon thereafter as is practicable, after the date on which
the Authority receives the initial annual report from the
Board of Education under subsection (c), the Authority shall
submit to the Board of Education, the Mayor, the District of
Columbia Council, and the appropriate congressional
committees, the audit conducted under this subsection.
(4) Cost of the audit.--The Board of Education shall
reimburse the Authority for the cost of the independent
audit, solely from amounts appropriated to the Board of
Education for staff, stipends, and other-than-personal-
services of the Board of Education by an Act making
appropriations for the District of Columbia.
SEC. 2503. PAYMENTS.
(a) In General.--
(1) Escrow for public charter schools.--Except as provided
in subsection (b), for any fiscal year, not later than 10
days after the date of enactment of an Act making
appropriations for the District of Columbia for such fiscal
year, the Mayor shall place in escrow an amount equal to the
aggregate of the amounts determined under section
2501(b)(1)(B) for use only by District of Columbia public
charter schools.
(2) Transfer of escrow funds.--
(A) Initial payment.--Not later than October 15, 1996, and
not later than October 15 of each year thereafter, the Mayor
shall transfer, by electronic funds transfer, an amount equal
to 75 percent of the amount of the annual payment for each
public charter school determined by using the formula
established pursuant to section 2501(b) to a bank designated
by such school.
(B) Final payment.--
(i) Except as provided in clause (ii), not later than May
1, 1997, and not later than May 1 of each year thereafter,
the Mayor shall transfer the remainder of the annual payment
for a public charter school in the same manner as the initial
payment was made under subparagraph (A).
(ii) Not later than March 15, 1997, and not later than
March 15 of each year thereafter, if the enrollment number of
a public charter school has changed from the number reported
to the Mayor and the Board of Education, as required under
section 2502(a), the Mayor shall increase the payment in an
amount equal to 50 percent of the amount provided for each
student who has enrolled in such school in excess of such
enrollment number, or shall reduce the payment in an amount
equal to 50 percent of the amount provided for each student
who has withdrawn or dropped out of such school below such
enrollment number.
(C) Pro rata reduction or increase in payments.--
(i) Pro rata reduction.--If the funds made available to the
District of Columbia Government for the District of Columbia
public school system and each public charter school for any
fiscal year are insufficient to pay the full amount that such
system and each public charter school is eligible to receive
under this subtitle for such year, the Mayor shall ratably
reduce such amounts for such year on the basis of the formula
described in section 2501(b).
(ii) Increase.--If additional funds become available for
making payments under this subtitle for such fiscal year,
amounts that were reduced under subparagraph (A) shall be
increased on the same basis as such amounts were reduced.
(D) Unexpended funds.--Any funds that remain in the escrow
account for public charter schools on September 30 of a
fiscal year shall revert to the general fund of the District
of Columbia.
(b) Exception for New Schools.--
(1) Authorization.--There are authorized to be appropriated
$200,000 for each fiscal year to carry out this subsection.
(2) Disbursement to mayor.--The Secretary of the Treasury
shall make available and disburse to the Mayor, not later
than August 1 of each of the fiscal years 1996 through 2000,
such funds as have been appropriated under paragraph (1).
(3) Escrow.--The Mayor shall place in escrow, for use by
public charter schools, any sum disbursed under paragraph (2)
and not paid under paragraph (4).
(4) Payments to schools.--The Mayor shall pay to public
charter schools described in paragraph (5), in accordance
with this subsection, any sum disbursed under paragraph (2).
(5) Schools described.--The schools referred to in
paragraph (4) are public charter schools that--
(A) did not operate as public charter schools during any
portion of the fiscal year preceding the fiscal year for
which funds are authorized to be appropriated under paragraph
(1); and
(B) operated as public charter schools during the fiscal
year for which funds are authorized to be appropriated under
paragraph (1).
(6) Formula.--
(A) 1996.--The amount of the payment to a public charter
school described in paragraph (5) that begins operation in
fiscal year 1996 shall be calculated by multiplying $6,300 by
\1/12\ of the total anticipated enrollment as set forth in
the petition to establish the public charter school; and
(B) 1997 through 2000.--The amount of the payment to a
public charter school described in paragraph (5) that begins
operation in any of fiscal years 1997 through 2000 shall be
calculated by multiplying the uniform dollar amount used in
the formula established under section 2501(b) by \1/12\ of
the total anticipated enrollment as set forth in the petition
to establish the public charter school.
(7) Payment to schools.--
(A) Transfer.--On September 1 of each of the years 1996
through 2000, the Mayor shall transfer, by electronic funds
transfer, the amount determined under paragraph (6) for each
public charter school from the escrow account established
under subsection (a) to a bank designated by each such
school.
(B) Pro rata and remaining funds.--Subparagraphs (C) and
(D) of subsection (a)(2) shall apply to payments made under
this subsection, except that for purposes of this
subparagraph references to District of Columbia public
schools in such subparagraphs (C) and (D) shall be read to
refer to public charter schools.
Subtitle F--School Facilities Repair and Improvement
SEC. 2550. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``facilities'' means buildings, structures,
and real property of the District of Columbia public schools,
except that such term does not include any administrative
office building that is not located in a building containing
classrooms; and
(2) the term ``repair and improvement'' includes
administration, construction, and renovation.
[[Page 246]]
PART 1--SCHOOL FACILITIES
SEC. 2551. TECHNICAL ASSISTANCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act the Administrator of the General
Services Administration shall enter into a Memorandum of
Agreement or Understanding (referred to in this subtitle as
the ``Agreement'') with the Superintendent regarding the
terms under which the Administrator will provide technical
assistance and related services with respect to District of
Columbia public schools facilities management in accordance
with this section.
(b) Technical Assistance and Related Services.--The
technical assistance and related services described in
subsection (a) shall include--
(1) the Administrator consulting with and advising District
of Columbia public school personnel responsible for public
schools facilities management, including repair and
improvement with respect to facilities management of such
schools;
(2) the Administrator assisting the Superintendent in
developing a systemic and comprehensive facilities
revitalization program, for the repair and improvement of
District of Columbia public school facilities, which program
shall--
(A) include a list of facilities to be repaired and
improved in a recommended order of priority;
(B) provide the repair and improvement required to support
modern technology; and
(C) take into account the Preliminary Facilities Master
Plan 2005 (prepared by the Superintendent's Task Force on
Education Infrastructure for the 21st Century);
(3) the method by which the Superintendent will accept
donations of private goods and services for use by the
District of Columbia public schools without regard to any law
or regulation of the District of Columbia;
(4) the Administrator recommending specific repair and
improvement projects in District of Columbia public school
facilities to the Superintendent that are appropriate for
completion by members and units of the National Guard and the
Reserves in accordance with the program developed under
paragraph (2);
(5) upon the request of the Superintendent, the
Administrator assisting the appropriate District of Columbia
public school officials in the preparation of an action plan
for the performance of any repair and improvement recommended
in the program developed under paragraph (2), which action
plan shall detail the technical assistance and related
services the Administrator proposes to provide in the
accomplishment of the repair and improvement;
(6) upon the request of the Superintendent, and if
consistent with the efficient use of resources as determined
by the Administrator, the coordination of the accomplishment
of any repair and improvement in accordance with the action
plan prepared under paragraph (5), except that in carrying
out this paragraph, the Administrator shall not be subject to
the requirements of title III of the Federal Property and
Administrative Services Act of 1949 (42 U.S.C. 471 et seq.),
the Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), or any other law governing procurements or public
contracts, nor shall such action plan be subject to review
under the bid protest procedures described in sections 3551
through 3556 of title 31, United States Code, or the Contract
Disputes Act of 1978 (41 U.S.C. 601 et seq.);
(7) providing access for the Administrator to all District
of Columbia public school facilities as well as permitting
the Administrator to request and obtain any record or
document regarding such facilities as the Administrator
determines necessary, except that any such record or document
shall not become a record (as defined in section 552a of
title 5, United States Code) of the General Services
Administration; and
(8) the Administrator making recommendations regarding how
District of Columbia public school facilities may be used by
the District of Columbia community for multiple purposes.
(c) Agreement Provisions.--The Agreement shall include--
(1) the procedures by which the Superintendent and
Administrator will consult with respect to carrying out this
section, including reasonable time frames for such
consultation;
(2) the scope of the technical assistance and related
services to be provided by the General Services
Administration in accordance with this section;
(3) assurances by the Administrator and the Superintendent
to cooperate with each other in any way necessary to ensure
implementation of the Agreement, including assurances that
funds available to the District of Columbia shall be used to
pay the obligations of the District of Columbia public school
system that are incurred as a result of actions taken under,
or in furtherance of, the Agreement, in addition to funds
available to the Administrator for purposes of this section;
and
(4) the duration of the Agreement, except that in no event
shall the Agreement remain in effect later than the day that
is 24 months after the date that the Agreement is signed, or
the day that the agency designated pursuant to section
2552(a)(2) assumes responsibility for the District of
Columbia public school facilities, whichever day is earlier.
(d) Limitation on Administrator's Liability.--No claim,
suit, or action may be brought against the Administrator in
connection with the discharge of the Administrator's
responsibilities under this subtitle.
(e) Special Rule.--Notwithstanding any other provision of
law, the Administrator is authorized to accept and use a
conditioned gift made for the express purpose of repairing or
improving a District of Columbia public school, except that
the Administrator shall not be required to carry out any
repair or improvement under this section unless the
Administrator accepts a donation of private goods or services
sufficient to cover the costs of such repair or improvement.
(f) Effective Date.--This subtitle shall cease to be
effective on the earlier day specified in subsection (c)(4).
SEC. 2552. FACILITIES REVITALIZATION PROGRAM.
(a) Program.--Not later than 24 months after the date that
the Agreement is signed, the Mayor and the District of
Columbia Council in consultation with the Administrator, the
Authority, the Board of Education, and the Superintendent,
shall--
(1) design and implement a comprehensive long-term program
for the repair and improvement, and maintenance and
management, of the District of Columbia public school
facilities, which program shall incorporate the work
completed in accordance with the program described in section
2551(b)(2); and
(2) designate a new or existing agency or authority within
the District of Columbia Government to administer such
program.
(b) Proceeds.--Such program shall include--
(1) identifying short-term funding for capital and
maintenance of facilities, which may include retaining
proceeds from the sale or lease of a District of Columbia
public school facility; and
(2) identifying and designating long-term funding for
capital and maintenance of facilities.
(c) Implementation.--Upon implementation of such program,
the agency or authority created or designated pursuant to
subsection (a)(2) shall assume authority and responsibility
for the repair and improvement, and maintenance and
management, of District of Columbia public schools.
SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR ENGINEERING
PLANS.
There are authorized to be appropriated to the
Administrator, $500,000 for fiscal year 1996, which funds
only shall be available for the costs of engineering plans
developed to carry out this subtitle.
PART 2--WAIVERS
SEC. 2561. WAIVERS.
(a) In General.--
(1) Requirements waived.--Subject to subsection (b), all
District of Columbia fees and all requirements contained in
the document entitled ``District of Columbia Public Schools
Standard Contract Provisions'' (as such document was in
effect on November 2, 1995 and including any revisions or
modifications to such document) published by the District of
Columbia public schools for use with construction or
maintenance projects, are waived, for purposes of repair and
improvement of District of Columbia public schools facilities
for a period beginning on the date of enactment of this Act
and ending 24 months after such date.
(2) Donations and services.--Notwithstanding any other
provision of law, any employer may accept, and any person may
voluntarily donate, materials and services for the repair and
improvement of a District of Columbia public school facility.
(b) Limitation.--A waiver under subsection (a) shall apply
only to a contractor, subcontractor, and any other group,
entity, or individual who donates materials and services for
the repair or improvement of a District of Columbia public
school facility.
PART 3--GIFTS, DONATIONS, BEQUESTS, AND DEVISES
SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.
(a) In General.--A District of Columbia public school or a
public charter school may accept directly from any person a
gift, donation, bequest, or devise of any property, real or
personal, without regard to any law or regulation of the
District of Columbia.
(b) Tax Laws.--For the purposes of the income tax, gift
tax, and estate tax laws of the Federal Government, any money
or other property given, donated, bequeathed, or devised to a
District of Columbia public school or a public charter
school, shall be deemed to have been given, donated,
bequeathed, or devised to or for the use of the District of
Columbia.
Subtitle G--Residential School
SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.
(a) In General.--The Superintendent is authorized to
develop a plan to establish for the District of Columbia a
residential school for academic year 1997-1998 and to assist
in the startup of such school.
(b) Plan Requirements.--If developed, the plan for the
residential school shall include, at a minimum--
(1) options for the location of the school, including the
renovation or construction of a facility;
(2) financial plans for the facility, including annual
costs to operate the school, capital expenditures required to
open the facility, maintenance of facilities, and staffing
costs; and
(3) staff development and training plans.
SEC. 2602. USE OF FUNDS.
Funds under this subtitle may be used--
(1) to develop the plan described in section 2601; and
[[Page 247]]
(2) for capital costs associated with the startup of a
residential school, including the purchase of real and
personal property and the renovation or construction of
facilities.
SEC. 2603. FUTURE FUNDING.
The Superintendent shall identify, not later than December
31, 1996, in a report to the Mayor, the District of Columbia
Council, the Authority, and the appropriate congressional
committees, non-Federal funding sources for the operation of
the residential school.
SEC. 2604. GIFTS.
The Superintendent may accept donations of money, property,
and personal services for purposes of the establishment and
operation of the residential school.
SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.
(a) Plan.--There are authorized to be appropriated to the
District of Columbia $100,000 for fiscal year 1996 to develop
the plan described in section 2601.
(b) Capital Costs.--There are authorized to be appropriated
$1,900,000 for fiscal year 1997 to carry out section 2602(2).
SEC. 2606. ELIGIBILITY FOR SCHOLARSHIPS.
Notwithstanding any other provision of law, the residential
school established under this subtitle shall be an eligible
institution for the purposes of scholarships awarded under
section 2923(d)(2).
Subtitle H--Progress Reports and Accountability
SEC. 2651. SUPERINTENDENT'S REPORT ON REFORMS.
Not later than December 1, 1996, the Superintendent shall
submit to the appropriate congressional committees, the Board
of Education, the Mayor, the Consensus Commission, and the
District of Columbia Council a report regarding the progress
of the District of Columbia public schools toward achieving
the goals of the long-term reform plan.
SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.
Not later than April 1, 1997, the Chairperson of the
District of Columbia Council shall submit to the appropriate
congressional committees a report describing legislative and
other actions the District of Columbia Council has taken or
will take to facilitate the implementation of the goals of
the long-term reform plan.
Subtitle I--Partnerships With Business
SEC. 2701. PURPOSE.
The purpose of this subtitle is--
(1) to leverage private sector funds utilizing initial
Federal investments in order to provide students and teachers
within the District of Columbia public schools and public
charter schools with access to state-of-the-art educational
technology;
(2) to establish a regional job training and employment
center;
(3) to strengthen workforce preparation initiatives for
students within the District of Columbia public schools and
public charter schools;
(4) to coordinate private sector investments in carrying
out this title; and
(5) to assist the Superintendent with the development of
individual career paths in accordance with the long-term
reform plan.
SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF
COLUMBIA PUBLIC SCHOOLS.
Not later than 45 days after the date of the enactment of
this Act, the Superintendent shall provide a grant to a
private, nonprofit corporation that meets the eligibility
criteria under section 2703 for the purposes of carrying out
the duties under sections 2704 and 2707.
SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT
CORPORATION.
A private, nonprofit corporation shall be eligible to
receive a grant under section 2702 if the corporation is a
national business organization incorporated in the District
of Columbia, that--
(1) has a board of directors which includes members who are
also chief executive officers of technology-related
corporations involved in education and workforce development
issues;
(2) has extensive practical experience with initiatives
that link business resources and expertise with education and
training systems;
(3) has experience in working with State and local
educational agencies throughout the United States with
respect to the integration of academic studies with workforce
preparation programs; and
(4) has a nationwide structure through which additional
resources can be leveraged and innovative practices
disseminated.
SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.
(a) District Education and Learning Technologies
Advancement Council.--
(1) Establishment.--The private, nonprofit corporation
shall establish a council to be known as the ``District
Education and Learning Technologies Advancement Council'' (in
this subtitle referred to as the ``council'').
(2) Membership.--
(A) In general.--The private, nonprofit corporation shall
appoint members to the council. An individual shall be
appointed as a member to the council on the basis of the
commitment of the individual, or the entity which the
individual is representing, to providing time, energy, and
resources to the council.
(B) Compensation.--Members of the council shall serve
without compensation.
(3) Duties.--The council--
(A) shall advise the private, nonprofit corporation with
respect to the duties of the corporation under subsections
(b) through (e) of this section; and
(B) shall assist the corporation in leveraging private
sector resources for the purpose of carrying out such duties.
(b) Access to State-of-the-Art Educational Technology.--
(1) In general.--The private, nonprofit corporation, in
conjunction with the Superintendent, students, parents, and
teachers, shall establish and implement strategies to ensure
access to state-of-the-art educational technology within the
District of Columbia public schools and public charter
schools.
(2) Electronic data transfer system.--The private,
nonprofit corporation shall assist the Superintendent in
acquiring the necessary equipment, including computer
hardware and software, to establish an electronic data
transfer system. The private, nonprofit corporation shall
also assist in arranging for training of District of Columbia
public school employees in using such equipment.
(3) Technology assessment.--
(A) In general.--In establishing and implementing the
strategies under paragraph (1), the private, nonprofit
corporation, not later than September 1, 1996, shall provide
for an assessment of the availability, on the date of
enactment of this Act, of state-of-the-art educational
technology within the District of Columbia public schools and
public charter schools.
(B) Conduct of assessment.--In providing for the assessment
under subparagraph (A), the private, nonprofit corporation--
(i) shall provide for onsite inspections of the state-of-
the-art educational technology within a minimum sampling of
District of Columbia public schools and public charter
schools; and
(ii) shall ensure proper input from students, parents,
teachers, and other school officials through the use of focus
groups and other appropriate mechanisms.
(C) Results of assessment.--The private, nonprofit
corporation shall ensure that the assessment carried out
under this paragraph provides, at a minimum, necessary
information on state-of-the-art educational technology within
the District of Columbia public schools and public charter
schools, including--
(i) the extent to which typical District of Columbia public
schools have access to such state-of-the-art educational
technology and training for such technology;
(ii) how such schools are using such technology;
(iii) the need for additional technology and the need for
infrastructure for the implementation of such additional
technology;
(iv) the need for computer hardware, software, training,
and funding for such additional technology or infrastructure;
and
(v) the potential for computer linkages among District of
Columbia public schools and public charter schools.
(4) Short-term technology plan.--
(A) In general.--Based upon the results of the technology
assessment under paragraph (3), the private, nonprofit
corporation shall develop a 3-year plan that includes goals,
priorities, and strategies for obtaining the resources
necessary to implement strategies to ensure access to state-
of-the-art educational technology within the District of
Columbia public schools and public charter schools.
(B) Implementation.--The private, nonprofit corporation, in
conjunction with schools, students, parents, and teachers,
shall implement the plan developed under subparagraph (A).
(5) Long-term technology plan.--Prior to the completion of
the implementation of the short-term technology plan under
paragraph (4), the private, nonprofit corporation shall
develop a plan under which the corporation will continue to
coordinate the donation of private sector resources for
maintaining the continuous improvement and upgrading of
state-of-the-art educational technology within the District
of Columbia public schools and public charter schools.
(c) District Employment and Learning Center.--
(1) Establishment.--The private, nonprofit corporation
shall establish a center to be known as the ``District
Employment and Learning Center'' (in this subtitle referred
to as the ``center''), which shall serve as a regional
institute providing job training and employment assistance.
(2) Duties.--
(A) Job training and employment assistance program.--The
center shall establish a program to provide job training and
employment assistance in the District of Columbia and shall
coordinate with career preparation programs in existence on
the date of enactment of this Act, such as vocational
education, school-to-work, and career academies in the
District of Columbia public schools.
(B) Conduct of program.--In carrying out the program
established under subparagraph (A), the center--
(i) shall provide job training and employment assistance to
youths who have attained the age of 18 but have not attained
the age of 26, who are residents of the District of Columbia,
and who are in need of such job training and employment
assistance for an appropriate period not to exceed 2 years;
(ii) shall work to establish partnerships and enter into
agreements with appropriate agencies of the District of
Columbia Government to serve individuals participating in
appropriate Federal programs, including programs under the
Job Training Partnership Act (29 U.S.C. 1501 et seq.), the
Job Opportunities and Basic Skills Training Program under
part F of title IV of the Social Security Act (42 U.S.C. 681
et seq.), the Carl D.
[[Page 248]]
Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2301 et seq.), and the School-to-Work Opportunities
Act of 1994 (20 U.S.C. 6101 et seq.);
(iii) shall conduct such job training, as appropriate,
through a consortium of colleges, universities, community
colleges, businesses, and other appropriate providers, in the
District of Columbia metropolitan area;
(iv) shall design modular training programs that allow
students to enter and leave the training curricula depending
on their opportunities for job assignments with employers;
and
(v) shall utilize resources from businesses to enhance
work-based learning opportunities and facilitate access by
students to work-based learning and work experience through
temporary work assignments with employers in the District of
Columbia metropolitan area.
(C) Compensation.--The center may provide compensation to
youths participating in the program under this paragraph for
part-time work assigned in conjunction with training. Such
compensation may include need-based payments and
reimbursement of expenses.
(d) Workforce Preparation Initiatives.--
(1) In general.--The private, nonprofit corporation shall
establish initiatives with the District of Columbia public
schools, and public charter schools, appropriate governmental
agencies, and businesses and other private entities, to
facilitate the integration of rigorous academic studies with
workforce preparation programs in District of Columbia public
schools and public charter schools.
(2) Conduct of initiatives.--In carrying out the
initiatives under paragraph (1), the private, nonprofit
corporation shall, at a minimum, actively develop, expand,
and promote the following programs:
(A) Career academy programs in secondary schools, as such
programs are established in certain District of Columbia
public schools, which provide a school-within-a-school
concept, focusing on career preparation and the integration
of the academy programs with vocational and technical
curriculum.
(B) Programs carried out in the District of Columbia that
are funded under the School-to-Work Opportunities Act of 1994
(20 U.S.C. 6101 et seq.).
(e) Professional Development Program for Teachers and
Administrators.--
(1) Establishment of program.--The private, nonprofit
corporation shall establish a consortium consisting of the
corporation, teachers, school administrators, and the
consortium of universities located in the District of
Columbia (in existence on the date of the enactment of this
Act), for the purpose of establishing a program for the
professional development of teachers and school
administrators employed by the District of Columbia public
schools and public charter schools.
(2) Conduct of program.--In carrying out the program
established under paragraph (1), the consortium established
under such paragraph, in consultation with the task force
established under subtitle D and the Superintendent, at a
minimum, shall provide for the following:
(A) Professional development for teachers consistent with
the model professional development programs for teachers
under section 2411(b)(4), or consistent with the core
curriculum developed by the Superintendent under section
2411(b)(2), as the case may be, except that for fiscal year
1996, such professional development shall focus on curriculum
for elementary school grades in reading and mathematics that
have been demonstrated to be effective for students from low-
income backgrounds.
(B) Professional development for principals, with a special
emphasis on middle school principals, focusing on effective
practices that reduce the number of students who drop out of
school.
(C) Private sector training of teachers in the use,
application, and operation of state-of-the-art technology in
education.
(D) Training for school principals and other school
administrators in effective private sector management
practices for the purpose of site-based management in the
District of Columbia public schools, and training in the
management of public charter schools established in
accordance with this title.
SEC. 2705. MATCHING FUNDS.
The private, nonprofit corporation, to the extent
practicable, shall provide matching funds, or in-kind
contributions, or a combination thereof, for the purpose of
carrying out the duties of the corporation under section
2704, as follows:
(1) For fiscal year 1996, the nonprofit corporation shall
provide matching funds or in-kind contributions of $1 for
every $1 of Federal funds provided under this subtitle for
such year for activities under section 2704.
(2) For fiscal year 1997, the nonprofit corporation shall
provide matching funds or in-kind contributions of $3 for
every $1 of Federal funds provided under this subtitle for
such year for activities under section 2704.
(3) For fiscal year 1998, the nonprofit corporation shall
provide matching funds or in-kind contributions of $5 for
every $1 of Federal funds provided under this subtitle for
such year for activities under section 2704.
SEC. 2706. REPORT.
The private, nonprofit corporation shall prepare and submit
to the appropriate congressional committees on a quarterly
basis, or, with respect to fiscal year 1996, on a biannual
basis, a report which shall contain--
(1) the activities the corporation has carried out,
including the duties of the corporation described in section
2704, for the 3-month period ending on the date of the
submission of the report, or, with respect to fiscal year
1996, the 6-month period ending on the date of the submission
of the report;
(2) an assessment of the use of funds or other resources
donated to the corporation;
(3) the results of the assessment carried out under section
2704(b)(3); and
(4) a description of the goals and priorities of the
corporation for the 3-month period beginning on the date of
the submission of the report, or, with respect to fiscal year
1996, the 6-month period beginning on the date of the
submission of the report.
SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.
(a) In General.--The nonprofit corporation shall establish
a program, to be known as the ``Jobs for D.C. Graduates
Program'', to assist District of Columbia public schools and
public charter schools in organizing and implementing a
school-to-work transition system, which system shall give
priority to providing assistance to at-risk youths and
disadvantaged youths.
(b) Conduct of Program.--In carrying out the program
established under subsection (a), the nonprofit corporation,
consistent with the policies of the nationally recognized
Jobs for America's Graduates, Inc., shall--
(1) establish performance standards for such program;
(2) provide ongoing enhancement and improvements in such
program;
(3) provide research and reports on the results of such
program; and
(4) provide preservice and inservice training.
SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) Delta council; access to state-of-the-art educational
technology; and workforce preparation initiatives.--There are
authorized to be appropriated to carry out subsections (a),
(b), and (d) of section 2704, $1,000,000 for each of the
fiscal years 1996, 1997, and 1998.
(2) Deal center.--There are authorized to be appropriated
to carry out section 2704(c), $2,000,000 for each of the
fiscal years 1996, 1997, and 1998.
(3) Professional development program for teachers and
administrators.--There are authorized to be appropriated to
carry out section 2704(e), $1,000,000 for each of the fiscal
years 1996, 1997, and 1998.
(4) Jobs for d.c. graduates program.--There are authorized
to be appropriated to carry out section 2707--
(A) $2,000,000 for fiscal year 1996; and
(B) $3,000,000 for each of the fiscal years 1997 through
2000.
(b) Availability.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until
expended.
SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE
CONGRESS RELATING TO CONTINUATION OF
ACTIVITIES.
(a) Termination of Federal Support.--The authority under
this subtitle to provide assistance to the private, nonprofit
corporation or any other entity established pursuant to this
subtitle shall terminate on October 1, 1998.
(b) Sense of the Congress Relating to Continuation of
Activities.--It is the sense of the Congress that--
(1) the activities of the private, nonprofit corporation
under section 2704 should continue to be carried out after
October 1, 1998, with resources made available from the
private sector; and
(2) the corporation should provide oversight and
coordination for such activities after such date.
Subtitle J--Management and Fiscal Accountability
SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.
(a) Food Services and Security Services.--Notwithstanding
any other law, rule, or regulation, the Board of Education
shall enter into a contract for academic year 1995-1996 and
each succeeding academic year, for the provision of all food
services operations and security services for the District of
Columbia public schools, unless the Superintendent determines
that it is not feasible and provides the Superintendent's
reasons in writing to the Board of Education and the
Authority.
(b) Development of New Management and Data Systems.--
Notwithstanding any other law, rule, or regulation, the Board
of Education shall, in academic year 1995-1996, consult with
the Authority on the development of new management and data
systems, as well as training of personnel to use and manage
the systems in areas of budget, finance, personnel and human
resources, management information services, procurement,
supply management, and other systems recommended by the
Authority. Such plans shall be consistent with, and
contemporaneous to, the District of Columbia Government's
development and implementation of a replacement for the
financial management system for the District of Columbia
Government in use on the date of enactment of this Act.
(c) Fiscal Year 1996 for Management and Data Systems.--Not
less than $1,500,000 of the amount appropriated under title I
of this Act for staff, stipends, and other-than-personal-
services of the Board of Education shall be available to
carry out subsection (b).
SEC. 2752. ANNUAL REPORTING REQUIREMENTS.
(a) In General.--The Board of Education shall annually
compile an accurate and verifiable report on the positions
and employees in the District of Columbia public school
system. The annual report shall set forth--
[[Page 249]]
(1) the number of validated schedule A positions in the
District of Columbia public schools for fiscal year 1995,
fiscal year 1996, and thereafter on a full-time equivalent
basis, including a compilation of all positions by control
center, responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools as of December 31, of the year
preceding the year for which the report is made, verified as
to its accuracy in accordance with the functions that each
employee actually performs, by control center, responsibility
center, agency reporting code, program (including funding
source), activity, location for accounting purposes, job
title, grade and classification, annual salary, and position
control number.
(b) Submission.--The annual report required by subsection
(a) shall be submitted to the Congress, the Mayor, the
District of Columbia Council, the Consensus Commission, and
the Authority, not later than February 8, 1996, and each
February 8 thereafter.
SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.
(a) In General.--Not later than October 1, 1996, or prior
to 15 calendar days after the date of the enactment of the
District of Columbia Appropriations Act, 1996, whichever
occurs first, and each succeeding year thereafter, the Board
of Education shall submit to the appropriate congressional
committees, the Mayor, the District of Columbia Council, the
Consensus Commission, and the Authority, a revised
appropriated funds operating budget for the District of
Columbia public school system for such fiscal year that is
consistent with the total amount appropriated in an Act
making appropriations for the District of Columbia for such
fiscal year and that realigns budgeted data for personal
services and other than personal services, with anticipated
actual expenditures.
(b) Submission.--The revised budget required by subsection
(a) shall be submitted in the format of the budget that the
Board of Education submits to the Mayor for inclusion in the
Mayor's budget submission to the District of Columbia Council
pursuant to section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act, Public Law
93-198 (D.C. Code, sec. 47-301).
SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.
(a) In General.--The budget, financial-accounting,
personnel, payroll, procurement, and management information
systems of the District of Columbia public schools shall be
coordinated and interface with related systems of the
District of Columbia Government.
(b) Access.--The Board of Education shall provide read-only
access to its internal financial management systems and all
other data bases to designated staff of the Mayor, the
Council, the Authority, and appropriate congressional
committees.
SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.
(a) In General.--The Board of Education shall develop its
fiscal year 1997 gross operating budget and its fiscal year
1997 appropriated funds budget request in accordance with
this section.
(b) Fiscal Year 1996 Budget Revision.--Not later than
February 15, 1996, the Board of Education shall develop,
approve, and submit to the Mayor, the District of Columbia
Council, the Authority, and appropriate congressional
committees, a revised fiscal year 1996 gross operating budget
that reflects the amount appropriated in the District of
Columbia Appropriations Act, 1996, and which--
(1) is broken out on the basis of appropriated funds and
nonappropriated funds, control center, responsibility center,
agency reporting code, object class, and object; and
(2) indicates by position title, grade, and agency
reporting code, all staff allocated to each District of
Columbia public school as of October 15, 1995, and indicates
on an object class basis all other-than-personal-services
financial resources allocated to each school.
(c) Zero-Base Budget.--For fiscal year 1997, the Board of
Education shall build its gross operating budget and
appropriated funds request from a zero-base, starting from
the local school level through the central office level.
(d) School-by-School Budgets.--The Board of Education's
initial fiscal year 1997 gross operating budget and
appropriated funds budget request submitted to the Mayor, the
District of Columbia Council, and the Authority shall contain
school-by-school budgets and shall also--
(1) be broken out on the basis of appropriated funds and
nonappropriated funds, control center, responsibility center,
agency reporting code, object class, and object;
(2) indicate by position title, grade, and agency reporting
code all staff budgeted for each District of Columbia public
school, and indicate on an object class basis all other-than-
personal-services financial resources allocated to each
school; and
(3) indicate the amount and reason for all changes made to
the initial fiscal year 1997 gross operating budget and
appropriated funds request from the revised fiscal year 1996
gross operating budget required by subsection (b).
SEC. 2756. TECHNICAL AMENDMENTS.
Section 1120A of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6322) is amended--
(1) in subsection (b)(1), by--
(A) striking ``(A) Except as provided in subparagraph (B),
a State'' and inserting ``A State''; and
(B) striking subparagraph (B); and
(2) by adding at the end thereof the following new
subsection:
``(d) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State or local educational
agency may exclude supplemental State or local funds expended
in any school attendance area or school for programs that
meet the intent and purposes of this part.''.
Subtitle K--Personal Accountability and Preservation of School-Based
Resources
SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.
(a) Restrictions on Reductions of School-Based Employees.--
To the extent that a reduction in the number of full-time
equivalent positions for the District of Columbia public
schools is required to remain within the number of full-time
equivalent positions established for the public schools in
appropriations Acts, no reductions shall be made from the
full-time equivalent positions for school-based teachers,
principals, counselors, librarians, or other school-based
educational positions that were established as of the end of
fiscal year 1995, unless the Authority makes a determination
based on student enrollment that--
(1) fewer school-based positions are needed to maintain
established pupil-to-staff ratios; or
(2) reductions in positions for other than school-based
employees are not practicable.
(b) Definition.--The term ``school-based educational
position'' means a position located at a District of Columbia
public school or other position providing direct support to
students at such a school, including a position for a
clerical, stenographic, or secretarial employee, but not
including any part-time educational aide position.
SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-
FORCE PROCEDURES.
The District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.) is
amended--
(1) in section 301 (D.C. Code, sec. 1.603.1)--
(A) by inserting after paragraph (13), the following new
paragraph:
``(13A) The term `nonschool-based personnel' means any
employee of the District of Columbia public schools who is
not based at a local school or who does not provide direct
services to individual students.''; and
(B) by inserting after paragraph (15), the following new
paragraph:
``(15A) The term `school administrators' means principals,
assistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the
District of Columbia public schools.'';
(2) in section 801A(b)(2) (D.C. Code, sec. 1-
609.1(b)(2)(L)--
(A) by striking ``(L) reduction-in-force'' and inserting
``(L)(i) reduction-in-force''; and
(B) by inserting after subparagraph (L)(i), the following
new clause:
``(ii) Notwithstanding any other provision of law, the
Board of Education shall not issue rules that require or
permit nonschool-based personnel or school administrators to
be assigned or reassigned to the same competitive level as
classroom teachers;''; and
(3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at
the end the following new subsection:
``(f) Notwithstanding any other provision of law, the Board
of Education shall not require or permit nonschool-based
personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom
teachers.''.
SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.
Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for
evaluating District of Columbia public school employees shall
be a nonnegotiable item for collective bargaining purposes.
SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EMPLOYEES.
(a) In General.--Notwithstanding any other provision of
law, rule, or regulation, an employee of a District of
Columbia public school shall be--
(1) classified as an educational service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-Based Personnel.--School-based personnel shall
constitute a separate competitive area from nonschool-based
personnel who shall not compete with school-based personnel
for retention purposes.
Subtitle L--Establishment and Organization of the Commission on
Consensus Reform in the District of Columbia Public Schools
SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF
COLUMBIA PUBLIC SCHOOLS.
(a) Establishment.--
(1) In general.--There is established within the District
of Columbia Government a Commission on Consensus Reform in
the District of Columbia Public Schools, consisting of 7
members to be appointed in accordance with paragraph (2).
(2) Membership.--The Consensus Commission shall consist of
the following members:
(A) 1 member to be appointed by the President chosen from a
list of 3 proposed members submitted by the Majority Leader
of the Senate.
(B) 1 member to be appointed by the President chosen from a
list of 3 proposed mem
[[Page 250]]
bers submitted by the Speaker of the House of
Representatives.
(C) 2 members to be appointed by the President, of which 1
shall represent the local business community and 1 of which
shall be a teacher in a District of Columbia public school.
(D) The President of the District of Columbia Congress of
Parents and Teachers.
(E) The President of the Board of Education.
(F) The Superintendent.
(G) The Mayor and District of Columbia Council Chairman
shall each name 1 nonvoting ex officio member.
(H) The Chief of the National Guard Bureau who shall be an
ex officio member.
(3) Terms of service.--The members of the Consensus
Commission shall serve for a term of 3 years.
(4) Vacancies.--Any vacancy in the membership of the
Consensus Commission shall be filled by the appointment of a
new member in the same manner as provided for the vacated
membership. A member appointed under this paragraph shall
serve the remaining term of the vacated membership.
(5) Qualifications.--Members of the Consensus Commission
appointed under subparagraphs (A), (B), and (C) of paragraph
(2) shall be residents of the District of Columbia and shall
have a knowledge of public education in the District of
Columbia.
(6) Chair.--The Chair of the Consensus Commission shall be
chosen by the Consensus Commission from among its members,
except that the President of the Board of Education and the
Superintendent shall not be eligible to serve as Chair.
(7) No compensation for service.--Members of the Consensus
Commission shall serve without pay, but may receive
reimbursement for any reasonable and necessary expenses
incurred by reason of service on the Consensus Commission.
(b) Executive Director.--The Consensus Commission shall
have an Executive Director who shall be appointed by the
Chair with the consent of the Consensus Commission. The
Executive Director shall be paid at a rate determined by the
Consensus Commission, except that such rate may not exceed
the highest rate of pay payable for level EG-16 of the
Educational Service of the District of Columbia.
(c) Staff.--With the approval of the Chair and the
Authority, the Executive Director may appoint and fix the pay
of additional personnel as the Executive Director considers
appropriate, except that no individual appointed by the
Executive Director may be paid at a rate greater than the
rate of pay for the Executive Director.
(d) Special Rule.--The Board of Education, or the
Authority, shall reprogram such funds, as the Chair of the
Consensus Commission shall in writing request, from amounts
available to the Board of Education.
SEC. 2852. PRIMARY PURPOSE AND FINDINGS.
(a) Purpose.--The primary purpose of the Consensus
Commission is to assist in developing a long-term reform plan
that has the support of the District of Columbia community
through the participation of representatives of various
critical segments of such community in helping to develop and
approve the plan.
(b) Findings.--The Congress finds that--
(1) experience has shown that the failure of the District
of Columbia educational system has been due more to the
failure to implement a plan than the failure to develop a
plan;
(2) national studies indicate that 50 percent of secondary
school graduates lack basic literacy skills, and over 30
percent of the 7th grade students in the District of Columbia
public schools drop out of school before graduating;
(3) standard student assessments indicate only average
performance for grade level and fail to identify individual
students who lack basic skills, allowing too many students to
graduate lacking these basic skills and diminishing the worth
of a diploma;
(4) experience has shown that successful schools have good
community, parent, and business involvement;
(5) experience has shown that reducing dropout rates in the
critical middle and secondary school years requires
individual student involvement and attention through such
activities as arts or athletics; and
(6) experience has shown that close coordination between
educators and business persons is required to provide
noncollege-bound students the skills necessary for
employment, and that personal attention is vitally important
to assist each student in developing an appropriate career
path.
SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.
(a) Primary Responsibility.--The Board of Education and the
Superintendent shall have primary responsibility for
developing and implementing the long-term reform plan for
education in the District of Columbia.
(b) Duties.--The Consensus Commission shall--
(1) identify any obstacles to implementation of the long-
term reform plan and suggest ways to remove such obstacles;
(2) assist in developing programs that--
(A) ensure every student in a District of Columbia public
school achieves basic literacy skills;
(B) ensure every such student possesses the knowledge and
skills necessary to think critically and communicate
effectively by the completion of grade 8; and
(C) lower the dropout rate in the District of Columbia
public schools;
(3) assist in developing districtwide assessments,
including individual assessments, that identify District of
Columbia public school students who lack basic literacy
skills, with particular attention being given to grade 4 and
the middle school years, and establish procedures to ensure
that a teacher is made accountable for the performance of
every such student in such teacher's class;
(4) make recommendations to improve community, parent, and
business involvement in District of Columbia public schools
and public charter schools;
(5) assess opportunities in the District of Columbia to
increase individual student involvement and attention through
such activities as arts or athletics, and make
recommendations on how to increase such involvement; and
(6) assist in the establishment of procedures that ensure
every District of Columbia public school student is provided
the skills necessary for employment, including the
development of individual career paths.
(c) Powers.--The Consensus Commission shall have the
following powers:
(1) To monitor and comment on the development and
implementation of the long-term reform plan.
(2) To exercise its authority, as provided in this
subtitle, as necessary to facilitate implementation of the
long-term reform plan.
(3) To review and comment on the budgets of the Board of
Education, the District of Columbia public schools and public
charter schools.
(4) To recommend rules concerning the management and
direction of the Board of Education that address obstacles to
the development or implementation of the long-term reform
plan.
(5) To review and comment on the core curriculum for
kindergarten through grade 12 developed under subtitle D.
(6) To review and comment on a core curriculum for
prekindergarten, vocational and technical training, and adult
education.
(7) To review and comment on all other educational programs
carried out by the Board of Education and public charter
schools.
(8) To review and comment on the districtwide assessments
for measuring student achievement in the core curriculum
developed under subtitle D.
(9) To review and comment on the model professional
development programs for teachers using the core curriculum
developed under subtitle D.
(d) Limitations.--
(1) In general.--Except as otherwise provided in this
subtitle, the Consensus Commission shall have no powers to
involve itself in the management or operation of the Board of
Education with respect to the implementation of the long-term
reform plan.
(2) Special rule.--If the Consensus Commission determines
that the Board of Education has failed to take an action
necessary to develop or implement the long-term reform plan
or that the Board of Education is unable to do so, the
Consensus Commission shall request the Authority to take
appropriate action, and the Authority shall take such action
as the Authority deems appropriate, to develop or implement,
as the case may be, the long-term reform plan.
SEC. 2854. IMPROVING ORDER AND DISCIPLINE.
(a) Community Service Requirement for Suspended Students.--
(1) In general.--Any student suspended from classes at a
District of Columbia public school who is required to serve
the suspension outside the school shall perform community
service for the period of suspension. The community service
required by this subsection shall be subject to rules and
regulations promulgated by the Mayor.
(2) Effective date.--This subsection shall take effect on
the first day of the 1996-1997 academic year.
(b) Expiration Date.--This section, and sections
2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective
on the last day of the 1997-1998 academic year.
(c) Report.--The Consensus Commission shall study the
effectiveness of the policies implemented pursuant to this
section in improving order and discipline in District of
Columbia public schools and report its findings to the
appropriate congressional committees not later than 60 days
prior to the last day of the 1997-1998 academic year.
SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.
(a) In General.--The Consensus Commission may examine and
request the Inspector General of the District of Columbia or
the Authority to audit the records of the Board of Education
to ensure, monitor, and evaluate the performance of the Board
of Education with respect to compliance with the long-term
reform plan and such plan's overall educational achievement.
The Consensus Commission shall conduct an annual review of
the educational performance of the Board of Education with
respect to meeting the goals of such plan for such year. The
Board of Education shall cooperate and assist in the review
or audit as requested by the Consensus Commission.
(b) Audit.--The Consensus Commission may examine and
request the Inspector General of the District of Columbia or
the Authority to audit the records of any public charter
school to assure, monitor, and evaluate the performance of
the public charter school with respect to the content
standards and districtwide assessments described in section
2411(b). The Consensus Commission shall receive a copy of
each public charter school's annual report.
[[Page 251]]
SEC. 2856. INVESTIGATIVE POWERS.
The Consensus Commission may investigate any action or
activity which may hinder the progress of any part of the
long-term reform plan. The Board of Education shall cooperate
and assist the Consensus Commission in any investigation.
Reports of the findings of any such investigation shall be
provided to the Board of Education, the Superintendent, the
Mayor, the District of Columbia Council, the Authority, and
the appropriate congressional committees.
SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.
(a) In General.--The Consensus Commission may at any time
submit recommendations to the Board of Education, the Mayor,
the District of Columbia Council, the Authority, the Board of
Trustees of any public charter school and the Congress with
respect to actions the District of Columbia Government or the
Federal Government should take to ensure implementation of
the long-term reform plan.
(b) Authority Actions.--Pursuant to the District of
Columbia Financial Responsibility and Management Assistance
Act of 1995 or upon the recommendation of the Consensus
Commission, the Authority may take whatever actions the
Authority deems necessary to ensure the implementation of the
long-term reform plan.
SEC. 2858. EXPIRATION DATE.
Except as otherwise provided in this subtitle, this
subtitle shall be effective during the period beginning on
the date of enactment of this Act and ending 7 years after
such date.
Subtitle M--Parent Attendance at Parent-Teacher Conferences
SEC. 2901. POLICY.
Notwithstanding any other provision of law, the Mayor is
authorized to develop and implement a policy encouraging all
residents of the District of Columbia with children attending
a District of Columbia public school to attend and
participate in at least one parent-teacher conference every
90 days during the academic year.
Subtitle N--Low-Income Scholarships
SEC. 2921. DEFINITIONS.
As used in this subtitle--
(1) the term ``Board'' means the Board of Directors of the
Corporation established under section 2922(b)(1);
(2) the term ``Corporation'' means the District of Columbia
Scholarship Corporation established under section 2922(a);
(3) the term ``eligible institution''--
(A) in the case of an eligible institution serving a
student who receives a tuition scholarship under section
2923(d)(1), means a private or independent elementary or
secondary school; and
(B) in the case of an eligible institution serving a
student who receives an enhanced achievement scholarship
under section 2923(d)(2), means an elementary or secondary
school, or an entity that provides services to a student
enrolled in an elementary or secondary school to enhance such
student's achievement through activities described in section
2923(d)(2); and
(4) the term ``poverty line'' means the income official
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.
SEC. 2922. DISTRICT OF COLUMBIA SCHOLARSHIP CORPORATION.
(a) General Requirements.--
(1) In general.--There is authorized to be established a
private, nonprofit corporation, to be known as the ``District
of Columbia Scholarship Corporation'', which is neither an
agency nor establishment of the United States Government or
the District of Columbia Government.
(2) Duties.--The Corporation shall have the responsibility
and authority to administer, publicize, and evaluate the
scholarship program in accordance with this subtitle, and to
determine student and school eligibility for participation in
such program.
(3) Consultation.--The Corporation shall exercise its
authority--
(A) in a manner consistent with maximizing educational
opportunities for the maximum number of interested families;
and
(B) in consultation with the Board of Education, the
Superintendent, the Consensus Commission, and other school
scholarship programs in the District of Columbia.
(4) Application of provisions.--The Corporation shall be
subject to the provisions of this subtitle, and, to the
extent consistent with this subtitle, to the District of
Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et
seq.).
(5) Residence.--The Corporation shall have its place of
business in the District of Columbia and shall be considered,
for purposes of venue in civil actions, to be a resident of
the District of Columbia.
(6) Fund.--There is hereby established in the District of
Columbia general fund a fund that shall be known as the
``District of Columbia Scholarship Fund''.
(7) Disbursement.--The Mayor shall disburse to the
Corporation, before October 15 of each fiscal year or not
later than 15 days after the date of enactment of an Act
making appropriations for the District of Columbia for such
year, whichever occurs later, such funds as have been
appropriated to the District of Columbia Scholarship Fund for
the fiscal year for which such disbursement is made.
(8) Availability.--Funds authorized to be appropriated
under this subtitle shall remain available until expended.
(9) Uses.--Funds authorized to be appropriated under this
subtitle shall be used by the Corporation in a prudent and
financially responsible manner, solely for scholarships,
contracts, and administrative costs.
(10) Authorization.--
(A) In general.--There are authorized to be appropriated to
the District of Columbia Scholarship Fund--
(i) $5,000,000 for fiscal year 1996;
(ii) $7,000,000 for fiscal year 1997; and
(iii) $10,000,000 for each of fiscal years 1998 through
2000.
(B) Limitation.--Not more than $250,000 of the amount
appropriated to carry out this subtitle for any fiscal year
may be used by the Corporation for any purpose other than
assistance to students.
(b) Organization and Management; Board of Directors.--
(1) Board of directors; membership.--
(A) In general.--The Corporation shall have a Board of
Directors comprised of 7 members, with 6 members of the Board
appointed by the President not later than 30 days after
receipt of nominations from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and the
Minority Leader of the Senate.
(B) House nominations.--The President shall appoint 2
members of the Board from a list of at least 6 individuals
nominated by the Speaker of the House of Representatives, and
1 member of the Board from a list of at least 3 individuals
nominated by the Minority Leader of the House of
Representatives.
(C) Senate nominations.--The President shall appoint 2
members of the Board from a list of at least 6 individuals
nominated by the Majority Leader of the Senate, and 1 member
of the Board from a list of at least 3 individuals nominated
by the Minority Leader of the Senate.
(D) Deadline.--The Speaker and Minority Leader of the House
of Representatives and Majority Leader and Minority Leader of
the Senate shall submit their nominations to the President
not later than 30 days after the date of the enactment of
this Act.
(E) Appointee of mayor.--The Mayor shall appoint 1 member
of the Board not later than 60 days after the date of the
enactment of this Act.
(F) Possible interim members.--If the President does not
appoint the 6 members of the Board in the 30-day period
described in subparagraph (A), then the Speaker of the House
of Representatives and the Majority Leader of the Senate
shall each appoint 2 members of the Board, and the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate shall each appoint 1 of the Board, from
among the individuals nominated pursuant to subparagraphs (A)
and (B), as the case may be. The appointees under the
preceding sentence together with the appointee of the Mayor,
shall serve as an interim Board with all the powers and other
duties of the Board described in this subtitle, until the
President makes the appointments as described in this
subsection.
(2) Powers.--All powers of the Corporation shall vest in
and be exercised under the authority of the Board.
(3) Elections.--Members of the Board annually shall elect 1
of the members of the Board to be chairperson of the Board.
(4) Residency.--All members appointed to the Board shall be
residents of the District of Columbia at the time of
appointment and while serving on the Board.
(5) Nonemployee.--No member of the Board may be an employee
of the United States Government or the District of Columbia
Government when appointed to or during tenure on the Board,
unless the individual is on a leave of absence from such a
position while serving on the Board.
(6) Incorporation.--The members of the initial Board shall
serve as incorporators and shall take whatever steps are
necessary to establish the Corporation under the District of
Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et
seq.).
(7) General term.--The term of office of each member of the
Board shall be 5 years, except that any member appointed to
fill a vacancy occurring prior to the expiration of the term
for which the predecessor was appointed shall be appointed
for the remainder of such term.
(8) Consecutive term.--No member of the Board shall be
eligible to serve in excess of 2 consecutive terms of 5 years
each. A partial term shall be considered as 1 full term. Any
vacancy on the Board shall not affect the Board's power, but
shall be filled in a manner consistent with this subtitle.
(9) No benefit.--No part of the income or assets of the
Corporation shall inure to the benefit of any Director,
officer, or employee of the Corporation, except as salary or
reasonable compensation for services.
(10) Political activity.--The Corporation may not
contribute to or otherwise support any political party or
candidate for elective public office.
(11) No officers or employees.--The members of the Board
shall not, by reason of such membership, be considered to be
officers or employees of the United States Government or of
the District of Columbia Government.
(12) Stipends.--The members of the Board, while attending
meetings of the Board or while engaged in duties related to
such meetings or other activities of the Board pursuant to
this subtitle, shall be provided a stipend. Such stipend
shall be at the rate of $150 per day for which the member of
the
[[Page 252]]
Board is officially recorded as having worked, except that no
member may be paid a total stipend amount in any calendar
year in excess of $5,000.
(13) Congressional intent.--Subject to the results of the
program appraisal under section 2933, it is the intention of
the Congress to turn over to District of Columbia officials
the control of the Board at the end of the 5-year period
beginning on the date of enactment of this Act, under terms
and conditions to be determined at that time.
(c) Officers and Staff.--
(1) Executive director.--The Corporation shall have an
Executive Director, and such other staff, as may be appointed
by the Board for terms and at rates of compensation, not to
exceed level EG-16 of the Educational Service of the District
of Columbia, to be fixed by the Board .
(2) Staff.--With the approval of the Board, the Executive
Director may appoint and fix the salary of such additional
personnel as the Executive Director considers appropriate.
(3) Annual rate.--No staff of the Corporation may be
compensated by the Corporation at an annual rate of pay
greater than the annual rate of pay of the Executive
Director.
(4) Service.--All officers and employees of the Corporation
shall serve at the pleasure of the Board.
(5) Qualification.--No political test or qualification may
be used in selecting, appointing, promoting, or taking other
personnel actions with respect to officers, agents, or
employees of the Corporation.
(d) Powers of the Corporation.--
(1) Generally.--The Corporation is authorized to obtain
grants from, and make contracts with, individuals and with
private, State, and Federal agencies, organizations, and
institutions.
(2) Hiring authority.--The Corporation may hire, or accept
the voluntary services of, consultants, experts, advisory
boards, and panels to aid the Corporation in carrying out
this subtitle.
(e) Financial Management and Records.--
(1) Audits.--The financial statements of the Corporation
shall be--
(A) maintained in accordance with generally accepted
accounting principles for nonprofit corporations; and
(B) audited annually by independent certified public
accountants.
(2) Report.--The report for each such audit shall be
included in the annual report to Congress required by section
2933(c).
SEC. 2923. SCHOLARSHIPS AUTHORIZED.
(a) Eligible Students.--The Corporation is authorized to
award tuition scholarships under subsection (d)(1) and
enhanced achievement scholarships under subsection (d)(2) to
students in kindergarten through grade 12--
(1) who are residents of the District of Columbia; and
(2) whose family income does not exceed 185 percent of the
poverty line.
(b) Scholarship Priority.--
(1) First.--The Corporation shall first award scholarships
to students described in subsection (a) who--
(A) are enrolled in a District of Columbia public school or
preparing to enter a District of Columbia kindergarten,
except that this subparagraph shall apply only for academic
years 1996, 1997, and 1998; or
(B) have received a scholarship from the Corporation in the
year preceding the year for which the scholarship is awarded.
(2) Second.--If funds remain for a fiscal year for awarding
scholarships after awarding scholarships under paragraph (1),
the Corporation shall award scholarships to students
described in subsection (a) who are not described in
paragraph (1).
(c) Special Rule.--The Corporation shall attempt to ensure
an equitable distribution of scholarship funds to students at
diverse academic achievement levels.
(d) Use of Scholarship.--
(1) Tuition scholarships.--A tuition scholarship may be
used only for the payment of the cost of the tuition and
mandatory fees for, and transportation to attend, an eligible
institution located within the geographic boundaries of the
District of Columbia.
(2) Enhanced achievement scholarship.--An enhanced
achievement scholarship may be used only for the payment of--
(A) the costs of tuition and mandatory fees for, and
transportation to attend, a program of nonsectarian
instruction provided by an eligible institution which
enhances student achievement of the core curriculum and is
operated outside of regular school hours to supplement the
regular school program;
(B) the costs of tuition and mandatory fees for, and
transportation to attend, after-school activities that do not
have an academic focus, such as athletics or music lessons;
or
(C) the costs of tuition and mandatory fees for, and
transportation to attend, vocational, vocational-technical,
and technical training programs.
(e) Not School Aid.--A scholarship under this subtitle
shall be considered assistance to the student and shall not
be considered assistance to an eligible institution.
SEC. 2924. SCHOLARSHIP PAYMENTS AND AMOUNTS.
(a) Awards.--From the funds made available under this
subtitle, the Corporation shall award a scholarship to a
student and make payments in accordance with section 2930 on
behalf of such student to a participating eligible
institution chosen by the parent of the student.
(b) Notification.--Each eligible institution that desires
to receive payment under subsection (a) shall notify the
Corporation not later than 10 days after--
(1) the date that a student receiving a scholarship under
this subtitle is enrolled, of the name, address, and grade
level of such student;
(2) the date of the withdrawal or expulsion of any student
receiving a scholarship under this subtitle, of the
withdrawal or expulsion; and
(3) the date that a student receiving a scholarship under
this subtitle is refused admission, of the reasons for such a
refusal.
(c) Tuition Scholarship.--
(1) Equal to or below poverty line.--For a student whose
family income is equal to or below the poverty line, a
tuition scholarship may not exceed the lesser of--
(A) the cost of tuition and mandatory fees for, and
transportation to attend, an eligible institution; or
(B) $3,000 for fiscal year 1996, with such amount adjusted
in proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(2) Above poverty line.--For a student whose family income
is greater than the poverty line, but not more than 185
percent of the poverty line, a tuition scholarship may not
exceed the lesser of--
(A) 50 percent of the cost of tuition and mandatory fees
for, and transportation to attend, an eligible institution;
or
(B) $1,500 for fiscal year 1996, with such amount adjusted
in proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(d) Enhanced Achievement Scholarship.--
(1) Equal to or below poverty line.--For a student whose
family income is equal to or below the poverty line, an
enhanced achievement scholarship may not exceed the lesser
of--
(A) the costs of tuition and mandatory fees for, and
transportation to attend, a program of nonsectarian
instruction at an eligible institution; or
(B) $1,500 for 1996, with such amount adjusted in
proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(2) Above poverty line.--For a student whose family income
is greater than the poverty line, but not more than 185
percent of the poverty line, an enhanced achievement
scholarship may not exceed the lesser of--
(A) 50 percent of the costs of tuition and mandatory fees
for, and transportation to attend, a program of nonsectarian
instruction at an eligible institution; or
(B) $750 for fiscal year 1996 with such amount adjusted in
proportion to changes in the Consumer Price Index for all
urban consumers published by the Department of Labor for each
of fiscal years 1997 through 2000.
(e) Allocation of Funds.--
(1) Federal funds.--
(A) Plan.--The Corporation shall submit to the District of
Columbia Council a proposed allocation plan for the
allocation of Federal funds between the tuition scholarships
under section 2923(d)(1) and enhanced achievement
scholarships under section 2923(d)(2).
(B) Consideration.--Not later than 30 days after receipt of
each such plan, the District of Columbia Council shall
consider such proposed allocation plan and notify the
Corporation in writing of its decision to approve or
disapprove such allocation plan.
(C) Objections.--In the case of a vote of disapproval of
such allocation plan, the District of Columbia Council shall
provide in writing the District of Columbia Council's
objections to such allocation plan.
(D) Resubmission.--The Corporation may submit a revised
allocation plan for consideration to the District of Columbia
Council.
(E) Prohibition.--No Federal funds provided under this
subtitle may be used for any scholarship until the District
of Columbia Council has approved the allocation plan for the
Corporation.
(2) Private funds.--The Corporation shall annually allocate
unrestricted private funds equitably, as determined by the
Board, for scholarships under paragraph (1) and (2) of
section 2923(d), after consultation with the public, the
Mayor, the District of Columbia Council, the Board of
Education, the Superintendent, and the Consensus Commission.
SEC. 2925. CERTIFICATION OF ELIGIBLE INSTITUTIONS.
(a) Application.--An eligible institution that desires to
receive a payment on behalf of a student who receives a
scholarship under this subtitle shall file an application
with the Corporation for certification for participation in
the scholarship program under this subtitle. Each such
application shall--
(1) demonstrate that the eligible institution has operated
with not less than 25 students during the 3 years preceding
the year for which the determination is made unless the
eligible institution is applying for certification as a new
eligible institution under subsection (c);
(2) contain an assurance that the eligible institution will
comply with all applicable requirements of this subtitle;
(3) provide the most recent audit of the financial
statements of the eligible institution by an independent
certified public accountant using generally accepted auditing
standards, completed not earlier than 3 years before the date
such application is filed;
[[Page 253]]
(4) describe the eligible institution's proposed program,
including personnel qualifications and fees;
(5) contain an assurance that a student receiving a
scholarship under this subtitle shall not be required to
attend or participate in a religion class or religious
ceremony without the written consent of such student's
parent;
(6) contain an assurance that funds received under this
subtitle will not be used to pay the costs related to a
religion class or a religious ceremony, except that such
funds may be used to pay the salary of a teacher who teaches
such class or participates in such ceremony if such teacher
also teaches an academic class at such eligible institution;
(7) contain an assurance that the eligible institution will
abide by all regulations of the District of Columbia
Government applicable to such eligible institution; and
(8) contain an assurance that the eligible institution will
implement due process requirements for expulsion and
suspension of students, including at a minimum, a process for
appealing the expulsion or suspension decision.
(b) Certification.--
(1) In general.--Except as provided in paragraph (3), not
later than 60 days after receipt of an application in
accordance with subsection (a), the Corporation shall certify
an eligible institution to participate in the scholarship
program under this subtitle.
(2) Continuation.--An eligible institution's certification
to participate in the scholarship program shall continue
unless such eligible institution's certification is revoked
in accordance with subsection (d).
(3) Exception for 1996.--For fiscal year 1996 only, and
after receipt of an application in accordance with subsection
(a), the Corporation shall certify the eligibility of an
eligible institution to participate in the scholarship
program under this subtitle at the earliest practicable date.
(c) New Eligible Institution.--
(1) In general.--An eligible institution that did not
operate with at least 25 students in the 3 years preceding
the year for which the determination is made may apply for a
1-year provisional certification to participate in the
scholarship program under this subtitle for a single year by
providing to the Corporation not later than July 1 of the
year preceding the year for which the determination is made--
(A) a list of the eligible institution's board of
directors;
(B) letters of support from not less than 10 members of the
community served by such eligible institution;
(C) a business plan;
(D) an intended course of study;
(E) assurances that the eligible institution will begin
operations with not less than 25 students;
(F) assurances that the eligible institution will comply
with all applicable requirements of this subtitle; and
(G) a statement that satisfies the requirements of
paragraph (2), and paragraphs (4) through (8), of subsection
(a).
(2) Certification.--Not later than 60 days after the date
of receipt of an application described in paragraph (1), the
Corporation shall certify in writing the eligible
institution's provisional certification to participate in the
scholarship program under this subtitle unless the
Corporation determines that good cause exists to deny
certification.
(3) Renewal of provisional certification.--After receipt of
an application under paragraph (1) from an eligible
institution that includes an audit of the financial
statements of the eligible institution by an independent
certified public accountant using generally accepted auditing
standards completed not earlier than 12 months before the
date such application is filed, the Corporation shall renew
an eligible institution's provisional certification for the
second and third years of the school's participation in the
scholarship program under this subtitle unless the
Corporation finds--
(A) good cause to deny the renewal, including a finding of
a pattern of violation of requirements described in section
2926(a); or
(B) consistent failure of 25 percent or more of the
students receiving scholarships under this subtitle and
attending such school to make appropriate progress (as
determined by the Corporation) in academic achievement.
(4) Denial of certification.--If provisional certification
or renewal of provisional certification under this subsection
is denied, then the Corporation shall provide a written
explanation to the eligible institution of the reasons for
such denial.
(d) Revocation of Eligibility.--
(1) In general.--The Corporation, after notice and hearing,
may revoke an eligible institution's certification to
participate in the scholarship program under this subtitle
for a year succeeding the year for which the determination is
made for--
(A) good cause, including a finding of a pattern of
violation of program requirements described in section
2926(a); or
(B) consistent failure of 25 percent or more of the
students receiving scholarships under this subtitle and
attending such school to make appropriate progress (as
determined by the Corporation) in academic achievement.
(2) Explanation.--If the certification of an eligible
institution is revoked, the Corporation shall provide a
written explanation of its decision to such eligible
institution and require a pro rata refund of the payments
received under this subtitle.
SEC. 2926. PARTICIPATION REQUIREMENTS FOR ELIGIBLE
INSTITUTIONS.
(a) Requirements.--Each eligible institution participating
in the scholarship program under this subtitle shall--
(1) provide to the Corporation not later than June 30 of
each year the most recent audit of the financial statements
of the eligible institution by an independent certified
public accountant using generally accepted auditing standards
completed not earlier than 3 years before the date the
application is filed; and
(2) charge a student that receives a scholarship under this
subtitle the same amounts for the cost of tuition and
mandatory fees for, and transportation to attend, such
eligible institution as other students who are residents of
the District of Columbia and enrolled in such eligible
institution.
(b) Compliance.--The Corporation may require documentation
of compliance with the requirements of subsection (a), but
neither the Corporation nor any governmental entity may
impose additional requirements upon an eligible institution
as a condition of participation in the scholarship program
under this subtitle.
SEC. 2927. CIVIL RIGHTS.
(a) In General.--An eligible institution participating in
the scholarship program under this subtitle shall be deemed
to be a recipient of Federal financial assistance for the
purposes of the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(b) Revocation.--Notwithstanding section 2926(b), if the
Secretary of Education determines that an eligible
institution participating in the scholarship program under
this subtitle is in violation of any of the laws listed in
subsection (a), then the Corporation shall revoke such
eligible institution's certification to participate in the
program.
SEC. 2928. CHILDREN WITH DISABILITIES.
(a) In General.--Nothing in this subtitle shall affect the
rights of students or the obligations of the District of
Columbia public schools under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(b) Private or Independent School Scholarships.--
(1) Determination of Eligiblity for Services.--If requested
by either a parent of a child with a disability who attends a
private or independent school receiving funding under this
subtitle or by the private or independent school receiving
funding under this subtitle, the Board of Education shall
determine the eligibility of such child for services under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
(2) Requirements.--If a child is determined eligible for
services under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) pursuant to paragraph (1), the
Board of Education shall--
(A) develop an individualized education program, as defined
in section 602 of the Individuals with Disabilities Education
Act (20 U.S.C. 1401), for such child; and
(B) negotiate with the private or independent school to
deliver to such child the services described in the
individualized education program.
(3) Appeal.--If the Board of Education determines that a
child is not eligible for services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) pursuant
to paragraph (1), such child shall retain the right to appeal
such determination under such Act as if such child were
attending a District of Columbia public school.
SEC. 2929. CONSTRUCTION PROHIBITION.
No funds under this subtitle may be used for construction
of facilities.
SEC. 2930. SCHOLARSHIP PAYMENTS.
(a) In General.--
(1) Proportional payment.--The Corporation shall make
scholarship payments to participating eligible institutions
on a schedule established by the Corporation.
(2) Pro rata amounts for student withdrawal.--
(A) Before payment.--If a student receiving a scholarship
withdraws or is expelled from an eligible institution before
a scholarship payment is made, the eligible institution shall
receive a pro rata payment based on the amount of the
scholarship and the number of days the student was enrolled
in the eligible institution.
(B) After payment.--If a student receiving a scholarship
withdraws or is expelled after a scholarship payment is made,
the eligible institution shall refund to the Corporation on a
pro rata basis the proportion of any scholarship payment
received for the remaining days of the school year. Such
refund shall occur not later than 30 days after the date of
the withdrawal or expulsion of the student.
(b) Fund Transfers.--The Corporation shall make scholarship
payments to participating eligible institutions by electronic
funds transfer. If such an arrangement is not available, then
the eligible institution shall submit an alternative payment
proposal to the Corporation for approval.
SEC. 2931. APPLICATION SCHEDULE AND PROCEDURES.
The Corporation shall implement a schedule and procedures
for processing applications for awarding student scholarships
under this subtitle that includes a list of certified
eligible institutions, distribution of information to parents
and the general public (including through a newspaper of
general circulation), and deadlines for steps in the
scholarship application and award process.
[[Page 254]]
SEC. 2932. REPORTING REQUIREMENTS.
(a) In General.--An eligible institution participating in
the scholarship program under this subtitle shall report not
later than July 30 of each year in a manner prescribed by the
Corporation, the following data:
(1) Student achievement in the eligible institution's
programs.
(2) Grade advancement for scholarship students.
(3) Disciplinary actions taken with respect to scholarship
students.
(4) Graduation, college admission test scores, and college
admission rates, if applicable for scholarship students.
(5) Types and amounts of parental involvement required for
all families of scholarship students.
(6) Student attendance for scholarship and nonscholarship
students.
(7) General information on curriculum, programs,
facilities, credentials of personnel, and disciplinary rules
at the eligible institution.
(8) Number of scholarship students enrolled.
(9) Such other information as may be required by the
Corporation for program appraisal.
(b) Confidentiality.--No personal identifiers may be used
in such report, except that the Corporation may request such
personal identifiers solely for the purpose of verification.
SEC. 2933. PROGRAM APPRAISAL.
(a) Study.--Not later than 4 years after the date of
enactment of this Act, the Department of Education shall
provide for an independent evaluation of the scholarship
program under this subtitle, including--
(1) a comparison of test scores between scholarship
students and District of Columbia public school students of
similar backgrounds, taking into account the students'
academic achievement at the time of the award of their
scholarships and the students' family income level;
(2) a comparison of graduation rates between scholarship
students and District of Columbia public school students of
similar backgrounds, taking into account the students'
academic achievement at the time of the award of their
scholarships and the students' family income level; and
(3) the satisfaction of parents of scholarship students
with the scholarship program.
(b) Public Review of Data.--All data gathered in the course
of the study described in subsection (a) shall be made
available to the public upon request except that no personal
identifiers shall be made public.
(c) Report to Congress.--Not later than September 1 of each
year, the Corporation shall submit a progress report on the
scholarship program to the appropriate congressional
committees. Such report shall include a review of how
scholarship funds were expended, including the initial
academic achievement levels of students who have participated
in the scholarship program.
(d) Authorization.--There are authorized to be appropriated
for the study described in subsection (a), $250,000, which
shall remain available until expended.
SEC. 2934. JUDICIAL REVIEW.
The United States District Court for the District of
Columbia shall have jurisdiction over any constitutional
challenges to the scholarship program under this subtitle and
shall provide expedited review.
And the Senate agree to the same.
James T. Walsh,
Henry Bonilla,
Jack Kingston,
Rodney P. Frelinghuysen,
Mark W. Neumann,
Bob Livingston,
Managers on the Part of the House.
Jim Jeffords,
Ben Nighthorse Campbell,
Mark O. Hatfield,
Managers on the Part of the Senate.
After debate,
By unanimous consent, the previous question was ordered.
Mr. DIXON moved to recommit the conference report on H.R. 2546 to the
committee of conference with instructions for the managers on the part
of the House to amend the conference report to delete the following
provisions: $5,000,000 for low-income scholarships under the heading
``Federal Contribution for Education Reform'', $5,000,000 for the
District of Columbia Scholarship Corporation under the heading
``Education Reform'', and the entire text of ``Subtitle N--Low-Income
Scholarships'' of Title II authorizing scholarships for low-income
students.
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the nays had it.
Mr. DIXON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
180
When there appeared
<3-line {>
Nays
232
para.10.19 [Roll No. 22]
YEAS--180
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
NAYS--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
[[Page 255]]
NOT VOTING--21
Bryant (TX)
Chapman
DeLay
Dickey
Fields (TX)
Filner
Flake
Gephardt
Geren
Hayes
Largent
Leach
McIntosh
Oxley
Rose
Roukema
Smith (WA)
Stockman
Williams
Wilson
Wyden
So the motion to recommit the conference report with instructions was
not agreed to.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
pursuant to clause 7 of rule XV the yeas and nays were ordered, and the
call was taken by electronic device.
It was decided in the
Yeas
211
<3-line {>
affirmative
Nays
201
para.10.20 [Roll No. 23]
YEAS--211
Abercrombie
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clement
Clinger
Collins (GA)
Cox
Crane
Crapo
Cremeans
Cubin
Davis
de la Garza
Deal
Diaz-Balart
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Ensign
Ewing
Fawell
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gingrich
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Matsui
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Minge
Molinari
Moorhead
Moran
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Parker
Pastor
Paxon
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Regula
Richardson
Riggs
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Torres
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--201
Ackerman
Allard
Andrews
Baesler
Baldacci
Barr
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Cardin
Chenoweth
Clay
Clayton
Clyburn
Coble
Coburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Cunningham
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Engel
English
Eshoo
Evans
Everett
Farr
Fattah
Fazio
Fields (LA)
Foglietta
Ford
Fowler
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gilman
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastings (FL)
Hilleary
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Lazio
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Mink
Moakley
Mollohan
Montgomery
Murtha
Myers
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Quillen
Rahall
Ramstad
Rangel
Reed
Rivers
Roberts
Roemer
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stump
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--22
Bryant (TX)
Chapman
DeLay
Dickey
Fields (TX)
Filner
Flake
Gephardt
Geren
Hansen
Hayes
Largent
Leach
McIntosh
Oxley
Rose
Roukema
Smith (WA)
Stockman
Williams
Wilson
Wyden
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.10.21 recess--8:40 p.m.
The SPEAKER pro tempore, Mr. CHRYSLER, pursuant to clause 12 of rule
I, declared the House in recess at 8 o'clock and 40 minutes p.m.,
subject to the call of the Chair.
para.10.22 after recess--9:13 p.m.
The SPEAKER pro tempore, Mr. CHRYSLER, called the House to order.
para.10.23 submission of conference report--s. 652
Mr. BLILEY submitted a conference report (Rept. No. 104-458) on the
bill (S. 652) to provide for a pro-competitive, de-regulatory national
policy framework designed to accelerate rapidly private sector
deployment of advanced telecommunications and information technologies
and services to all Americans by opening all telecommunications markets
to competition, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.10.24 recess--9:13 p.m.
The SPEAKER pro tempore, Mr. CHRYSLER, pursuant to clause 12 of rule
I, declared the House in recess at 9 o'clock and 13 minutes p.m.,
subject to the call of the Chair.
para.10.25 after recess--10:02 p.m.
The SPEAKER pro tempore, Mr. GOSS, called the House to order.
para.10.26 waiving points of order against conference report on s.
652
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-459) the resolution (H. Res. 353) waiving points of order
against the conference report to accompany the bill (S. 652) to provide
for a pro-competitive, de-regulatory national policy framework designed
to accelerate rapidly private sector deployment of advanced
telecommunications and information technologies and services to all
Americans by opening all telecommunications markets to competition, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.10.27 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2353. An Act to amend title 38, United States Code, to
extend the authority of the Secretary of Veterans Affairs to
carry out certain programs and activities, to require certain
reports from the Secretary of Veterans Affairs, and for other
purposes.
para.10.28 leave of absence
By unanimous consent, leave of absence was granted to Mr. DeLAY, for
today.
And then,
para.10.29 adjournment
On motion of Mr. LINDER, at 10 o'clock and 3 minutes p.m., the House
adjourned.
[[Page 256]]
para.10.30 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. WALSH: Committee of Conference. Conference report on
H.R. 2546. A bill making appropriations for the government of
the District of Columbia and other activities chargeable in
whole or in part against the revenues of said District for
the fiscal year ending September 30, 1996, and for other
purposes (Rept. No. 104-455). Ordered to be printed.
Mr. LINDER: Committee on Rules. House Resolution 351.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 2546) making
appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending
September 30, 1996, and for other purposes (Rept. No. 104-
456). Referred to the House Calendar.
Mrs. WALDHOLTZ: Committee on Rules. House Resolution 352.
Resolution authorizing the Speaker to declare recesses
subject to the call of the Chair from February 2, 1996,
through February 26, 1996 (Rept. No. 104-457). Referred to
the House Calendar.
Mr. BLILEY: Committee of Conference. Conference report on
S. 652. An act to provide for a pro-competitive, deregulatory
national policy framework designed to accelerate rapidly
private sector deployment of advanced telecommunications and
information technologies and services to all Americans by
opening all telecommunications markets to competition, and
for other purposes (Rept. No. 104-458). Ordered to be
printed.
Mr. LINDER: Committee on Rules. House Resolution 353.
Resolution waiving points of order against the conference
report to accompany the bill (S. 652) to provide for a
procompetitive, deregulatory national policy framework
designed to accelerate rapidly private sector deployment of
advanced telecommunications and information technologies and
services to all Americans by opening all telecommunications
markets to competition, and for other purposes (Rept. No.
104-459). Referred to the House Calendar.
para.10.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HASTINGS of Washington:
H.R. 2908. A bill to promote international trade and
interstate commerce in the broodstock and seedstock of
domesticated salmonid by authorizing the Secretary of
Agriculture to provide diagnostic and certification services
to reduce the risk of transmission of diseases associated
with domesticated salmonid; to the Committee on Resources,
and in addition to the Committee on Agriculture, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BASS:
H.R. 2909. A bill to amend the Silvio O. Conte National
Fish and Wildlife Refuge Act to provide that the Secretary of
the Interior may acquire lands for purposes of that act only
by donation or exchange, or otherwise with the consent of the
owner of the lands; to the Committee on Resources.
By Mr. CRANE (for himself and Mr. Rangel):
H.R. 2910. A bill to amend the Internal Revenue Code of
1986 to clarify the restrictions on the lobbying and campaign
activities of churches; to the Committee on Ways and Means.
By Mr. CRANE:
H.R. 2911. A bill to amend the Internal Revenue Code of
1986 to limit the tax rate for certain small businesses, and
for other purposes; to the Committee on Ways and Means.
By Mr. DEUTSCH (for himself, Mr. Gonzalez, Mr.
Heineman, Mr. Lipinski, and Mr. Frost):
H.R. 2912. A bill to amend title I of the Omnibus Crime
Control and Safe Streets Act of 1968 to require a 33 percent
reduction in certain assistance to a State under such title
unless public safety officers who retire as a result of
injuries sustained in the line of duty continue to receive
health insurance benefits; to the Committee on the Judiciary.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Clinger, Mr. Watts of Oklahoma, and Mr. Taylor of
North Carolina):
H.R. 2913. A bill to amend title 38, United States Code, to
provide that amounts collected with respect to the provision
of health care at a Department of Veterans Affairs medical
center may be retained by that medical center; to the
Committee on Veterans' Affairs.
By Mr. FRANK of Massachusetts:
H.R. 2914. A bill to amend the Higher Education Act of 1965
to clarify the authority of the Secretary of Education with
respect to eligibility standards for short term educational
programs; to the Committee on Economic and Educational
Opportunities.
By Mr. HAYES:
H.R. 2915. A bill to enhance support and work opportunities
for families with children, reduce welfare dependence, and
control welfare spending; to the Committee on Ways and Means,
and in addition to the Committees on Agriculture, Economic
and Educational Opportunities, Banking and Financial
Services, Government Reform and Oversight, Commerce, the
Judiciary, and International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KENNEDY of Rhode Island (for himself and Mr.
Reed):
H.R. 2916. A bill to amend title 46, United States Code, to
ensure the safety of towing vessels; to the Committee on
Transportation and Infrastructure.
By Ms. NORTON:
H.R. 2917. A bill to authorize the Chief of Engineers of
the Army Corps of Engineers to make capital improvements for
the Washington Aqueduct, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. OWENS:
H.R. 2918. A bill to deny funds to educational programs
that allow corporal punishment; to the Committee on Economic
and Educational Opportunities.
By Mr. QUINN (for himself, Mr. McHale, Mr. Franks of
New Jersey, Mr. Meehan, and Mr. Blute):
H.R. 2919. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to provide
for the development and use of brownfields, and for other
purposes; to the Committee on Commerce, and in addition to
the Committees on Transportation and Infrastructure, and Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SMITH of Michigan (for himself, Mr. Solomon, and
Mr. Shays):
H.R. 2920. A bill to limit the issuance of public debt
obligations after December 31, 2001, and to impose maximum
limits on the amount of the public debt limit; to the
Committee on Ways and Means.
By Mrs. THURMAN (for herself, Mr. Foley, Mr. Canady,
Ms. Brown of Florida, Mr. Diaz-Balart, Mr. Deutsch,
Mrs. Fowler, Mr. Goss, Mr. Johnston of Florida, Mrs.
Meek of Florida, Mr. Mica, Mr. Peterson of Florida,
Ms. Ros-Lehtinen, Mr. Shaw, Mr. Stearns, and Mr.
Weldon of Florida):
H.R. 2921. A bill to amend the Agricultural Adjustment Act
to provide that imported tomatoes are subject to packing
standards contained in marketing orders issued by the
Secretary of Agriculture, and for other purposes; to the
Committee on Agriculture, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. TRAFICANT:
H.R. 2922. A bill to amend part Q of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 to ensure that
Federal funds made available to hire or rehire law
enforcement officers are used in a manner that produces a net
gain of the number of law enforcement officers who perform
nonadministrative public safety services; to the Committee on
the Judiciary.
By Ms. WATERS:
H.R. 2923. A bill to extend for 4 additional years the
waiver granted to the Watts Health Foundation from the
membership mix requirement for health maintenance
organizations participating in the Medicare Program; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FARR (for himself, Mr. Hall of Ohio, Mr. Ward,
Mr. Walsh, Mr. Petri, and Mr. Shays):
H.J. Res. 158. Joint resolution to recognize the Peace
Corps on the occasion of its 35th anniversary and the
Americans who have served as Peace Corps volunteers; to the
Committee on International Relations.
By Mr. MINGE (for himself, Mr. Blute, Mr. Browder, Mr.
Cramer, Mr. Klug, Mr. Lipinski, Ms. McKinney, and Mr.
Quinn):
H. Con. Res. 137. Concurrent resolution expressing the
sense of Congress that mediators should be used in
discussions between Congress and the President to produce a
balanced budget; to the Committee on Government Reform and
Oversight.
By Mr. SOLOMON (for himself, Mr. Gilman, Mr. Lantos,
Mr. Royce, Mr. Rohrabacher, Mr. Cox, and Mr.
Ackerman):
H. Con. Res. 138. Concurrent resolution expressing the
sense of the Congress regarding the movement toward democracy
by the 21 million people of the Republic of China (Taiwan),
and addressing the increasingly dangerous behavior of the
People's Republic of China; to the Committee on International
Relations.
By Mr. STEARNS:
H. Con. Res. 139. Concurrent resolution expressing the
sense of the Congress that the George Washington University
is important to the Nation and urging that the importance of
the university be recognized and celebrated through regular
ceremonies; to the Committee on Economic and Educational
Opportunities.
By Mr. TORRICELLI (for himself, Mr. Deutsch, Mr.
Lantos, Mr. Ackerman, Mr. Andrews, and Mr. Brown of
Ohio):
[[Page 257]]
H. Con. Res. 140. Concurrent resolution expressing the
sense of the Congress with respect to the peace and security
of Taiwan; to the Committee on International Relations.
By Ms. JACKSON-LEE (for herself, Mr. Bonior, Mrs.
Clayton, Mrs. Collins of Illinois, Ms. Pelosi, Mr.
Jackson, Mr. Wise, Mr. Richardson, Mr. Fazio of
California, Mr. Studds, Mrs. Mink of Hawaii, Ms.
McKinney, Mr. Lewis of Georgia, Mr. Edwards, Mr. Gene
Green of Texas, Mr. McNulty, Mr. Durbin, Mr.
Gejdenson, Mr. Miller of California, Mr. Reed, Mr.
Stupak, Mrs. Lincoln, Ms. DeLauro, Mr. Hefner, Mr.
Hastings of Florida, Mr. Gibbons, Mr. Dellums, Ms.
Lofgren, Mrs. Schroeder, Ms. McCarthy, Ms. Brown of
Florida, Mrs. Meek of Florida, Mr. Payne of New
Jersey, Mr. Owens, Mr. Engel, Mr. Barrett of
Wisconsin, Mr. Wynn, Ms. Waters, Mr. Berman, Ms.
Woolsey, Mr. Doggett, and Mr. Luther):
H.Res. 354. Resolution relating to a question of the
privileges of the House; to the Committee on Rules.
para.10.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 240: Mr. Parker and Mr. Saxton.
H.R. 447: Mr. Frazer, Mr. Foglietta, Mr. Ackerman, Mr.
Bereuter, and Mr. Lewis of Georgia.
H.R. 598: Mr. Shadegg.
H.R. 619: Mr. Foglietta, Mr. Olver, and Mr. Meehan.
H.R. 620: Mr. Foglietta.
H.R. 784: Mrs. Myrick, Mr. Scarborough, and Mr. Bunning of
Kentucky.
H.R. 820: Mr. Largent and Mr. Baesler.
H.R. 995: Mr. Gunderson.
H.R. 1023: Ms. Eddie Bernice Johnson of Texas.
H.R. 1078: Mr. Johnston of Florida.
H.R. 1202: Ms. Lofgren and Mr. McNulty.
H.R. 1325: Mr. Gene Green of Texas, Mr. Johnston of
Florida, and Ms. Norton.
H.R. 1400: Mr. Hastings of Florida and Mr. Lipinski.
H.R. 1402: Mr. Fattah.
H.R. 1484: Mr. Menendez.
H.R. 1610: Mr. Pomeroy.
H.R. 1625: Mr. Barcia of Michigan, Mr. Souder, and Mr.
Forbes.
H.R. 1627: Mr. Barcia of Michigan.
H.R. 1776: Mr. Hefner.
H.R. 1856: Mr. Campbell, Mr. Hunter, Mr. Hefner, Mr.
Bachus, Mr. Weldon of Florida, and Mr. Bevill.
H.R. 1900: Mr. Crapo.
H.R. 1955: Ms. Jackson-Lee.
H.R. 1963: Mrs. Mink of Hawaii.
H.R. 2003: Mr. Stark and Mr. Volkmer.
H.R. 2009: Mr. Brown of Ohio.
H.R. 2019: Mr. Andrews and Mr. Duncan.
H.R. 2181: Mr. Porter.
H.R. 2190: Mr. Orton and Mr. Istook.
H.R. 2200: Mr. Hamilton, Mr. Shadegg, and Mr. Hall of
Texas.
H.R. 2246: Mr. Hastings of Florida, Mr. Owens, and Mr.
Bishop.
H.R. 2260: Mr. Leach.
H.R. 2270: Mr. Hefley.
H.R. 2310: Mr. Martini.
H.R. 2342: Mr. Bishop.
H.R. 2400: Mr. Bishop and Mrs. Maloney.
H.R. 2406: Mr. Shays.
H.R. 2416: Mr. Shaw and Mr. Wamp.
H.R. 2450: Mr. Cox.
H.R. 2506: Mr. Condit.
H.R. 2508: Mr. Frisa, Mr. Smith of Michigan, Mr. Castle,
and Mr. Forbes.
H.R. 2534: Ms. McKinney, Mr. Olver, and Mr. Meehan.
H.R. 2579: Mr. Weller, Mr. Barrett of Nebraska, Ms.
Jackson-Lee, Mr. Browder, Mr. Brown of Ohio, Mr. Parker, Mr.
Ramstad, Mrs. Johnson of Connecticut, Mr. Frisa, and Mr.
Lewis of Kentucky.
H.R. 2597: Mr. Diaz-Balart and Mr. Johnston of Florida.
H.R. 2651: Mr. Gallegly, Mr. Blute, Mr. Kleczka, Mr. Doyle
and Mr. Meek.
H.R. 2664: Mr. Roberts, Mrs. Roukema, and Mr. Stark.
H.R. 2699: Mr. Meehan, Mr. LaTourette, Mr. Sawyer, Mr. Gene
Green of Texas, Mr. Lipinski, Mr. Brown of Ohio, Ms. Kaptur,
Mr. LaFalce, and Mr. Gibbons.
H.R. 2713: Mr. Martini, Mr. Bilbray, Mr. LaTourette, and
Mr. Gene Green of Texas.
H.R. 2714: Mr. Torres.
H.R. 2764: Mr. Bliley, Mrs. Meek of Florida, Mr. Ackerman,
Mr. Stearns, and Mr. Levin.
H.R. 2779: Mr. Bentsen, Mr. Hansen, Mr. Hayes, and Mr.
Largent.
H.R. 2798: Mr. Nethercutt and Mr. Minge.
H.R. 2848: Mr. Quinn and Mr. Gene Green of Texas.
H.R. 2856: Mr. Farr.
H.R. 2894: Mr. Bartlett of Maryland, Mr. Burton of Indiana,
Mr. Scarborough, and Mr. Weldon of Pennsylvania.
H. Con. Res. 134: Mr. Baker of California, Mr. Mica, Mr.
Weldon of Florida, Mr. Metcalf, and Mr. Ney.
H. Res. 263: Mr. Bunn of Oregon and Mr. Minge.
H. Res. 346: Mr. Walsh.
H. Res. 348: Mr. Hayworth, Mr. Skelton, Mr. Nethercutt, Mr.
Herger, Mr. Bachus, Mr. Foley, Mr. Weldon of Pennsylvania,
Mr. Shays, Mr. McCrery, Mr. Bunning of Kentucky, and Mr.
Calvert.
.
THURSDAY, FEBRUARY 1, 1996 (11)
para.11.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Ms. PRYCE,
who laid before the House the following communication:
Washington, DC,
February 1, 1996.
I hereby designate the Honorable Deborah Pryce to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.11.2 approval of the journal
The SPEAKER pro tempore, Ms. PRYCE, announced he had examined and
approved the Journal of the proceedings of Wednesday, January 31, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.11.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
1997. A letter from the Chairman, Panama Canal Commission,
transmitting the Commission's report, including unaudited
financial statements, covering the operations of the Panama
Canal during fiscal year 1995, pursuant to 22 U.S.C. 3722; to
the Committee on National Security.
1998. A letter from the Acting President and Chairman,
Export-Import Bank of the United States, transmitting the
semiannual report on tied aid credits, pursuant to Public Law
99-472, section 19 (100 Stat. 1207); to the Committee on
Banking and Financial Services.
1999. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning a
technology base research and development project with the
Netherlands (Transmittal No. 04-96), pursuant to 22 U.S.C.
2767(f); to the Committee on International Relations.
2000. A letter from the Director, Defense Security
Assistant Agency, transmitting notification concerning a
cooperative project to conduct a 12-month feasibility study
to investigate and define a standard submarine rescue system
(Transmittal No. 03-96), pursuant to 22 U.S.C. 2767(f); to
the Committee on International Relations.
2001. A letter from the Director, Defense Security
Assistance Agency, transmitting a report of those foreign
military sales customers with approved cash flow financing in
excess of $100 million as of October 1, 1995, pursuant to 22
U.S.C. 2765(a); to the Committee on International Relations.
2002. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to the United Kingdom for defense articles
and services (Transmittal No. 96-21), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2003. A letter from the Director, Defense Security
Assistance Agency, transmitting a report containing an
analysis and description of services performed by full-time
U.S. Government employees during fiscal year 1995 who are
performing services for which reimbursement is provided under
section 21(a) or section 43(b), pursuant to section 25(a)(6)
of the Arms Export Control Act; to the Committee on
International Relations.
2004. A letter from the Director, Defense Security
Assistance Agency, transmitting a report containing the
status of loans and guarantees issued under the Arms Export
Control Act, pursuant to section 25(a)(11) of the Arms Export
Control Act; to the Committee on International Relations.
2005. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled, ``Review and
Analysis of the District's Accounts Receivable,'' pursuant to
D.C. Codes, section 47-117(d); to the Committee on Government
Reform and Oversight.
2006. A letter from the Chairman, Advisory Commission on
Intergovernmental Relations, transmitting the Commission's
37th annual report of the Advisory Commission on
Intergovernmental Relations, pursuant to 42 U.S.C. 4275(3);
to the Committee on Government Reform and Oversight.
2007. A letter from the Comptroller General of the United
States, transmitting the list of all reports issued or
released in November 1995, pursuant to 31 U.S.C. 719(h); to
the Committee on Government Reform and Oversight.
2008. A letter from the Chairman, Consumer Product Safety
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2009. A letter from the Secretary, Mississippi River
Commission, Department of the Army, transmitting a copy of
the annual report in compliance with the Government in the
Sunshine Act for the Mississippi River Commission during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2010. A letter from the Director, United States Arms
Control and Disarmament Agency, transmitting the annual
report under the Federal Managers' Financial Integrity Act
for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Reform and Oversight.
2011. A letter from the Assistant Attorney General,
transmitting a draft of proposed
[[Page 258]]
legislation entitled the ``Federal Debt Collection Procedures
Improvements Act of 1995''; to the Committee on the
Judiciary.
para.11.4 recess--10:03 a.m.
The SPEAKER pro tempore, Ms. PRYCE, pursuant to the special order of
the House agreed to on Wednesday, January 31, 1996, declared the House
in recess at 10 o'clock and 3 minutes p.m., subject to the call of the
Chair.
para.11.5 after recess--1:03 p.m.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, called the House to
order.
para.11.6 proceedings during recess
On motion of Mr. CHABOT, by unanimous consent, the proceedings had
during the recess were ordered to be printed in the Record.
para.11.7 waiving points of order against the conference report on s.
652
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 353):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 652) to provide for a pro-competitive, de-regulatory
national policy framework designed to accelerate rapidly
private sector deployment of advanced telecommunications and
information technologies and services to all Americans by
opening all telecommunications markets to competition, and
for other purposes. All points of order against the
conference report and against its consideration are waived.
The conference report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Mr. CONYERS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
337
When there appeared
<3-line {>
Nays
80
para.11.8 [Roll No. 24]
YEAS--337
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Metcalf
Mfume
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Rush
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Towns
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--80
Abercrombie
Becerra
Beilenson
Brown (OH)
Clay
Clyburn
Coburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
DeFazio
Dellums
Deutsch
Dixon
Durbin
Evans
Farr
Fazio
Fields (LA)
Frank (MA)
Furse
Green
Gutierrez
Hall (OH)
Harman
Hilliard
Hinchey
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kaptur
Lantos
Lewis (GA)
Lofgren
Lowey
Maloney
Martinez
McCarthy
McDermott
McHale
McKinney
Meyers
Miller (CA)
Mink
Morella
Nadler
Oberstar
Olver
Owens
Pelosi
Peterson (MN)
Rivers
Roybal-Allard
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Thompson
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Woolsey
Yates
NOT VOTING--16
Ackerman
Brown (CA)
Bryant (TX)
Callahan
Chapman
DeLay
Fattah
Filner
Gejdenson
Gibbons
Hastings (WA)
Rogers
Rose
Taylor (NC)
Torricelli
Wyden
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.11.9 telecommunications competition and deregulation
Mr. BLILEY, pursuant to House Resolution 353, called up the following
conference report (Rept. No. 104-458):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
652), to provide for a pro-competitive, de-regulatory
national policy framework designed to accelerate rapidly
private sector deployment of advanced telecommunications and
information technologies and services to all Americans by
opening all telecommunications markets to competition, and
for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the
``Telecommunications Act of 1996''.
(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Communications Act of 1934
(47 U.S.C. 151 et seq.).
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; references.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--TELECOMMUNICATION SERVICES
Subtitle A--Telecommunications Services
Sec. 101. Establishment of part II of title II.
``Part II--Development of Competitive Markets
``Sec. 251. Interconnection.
[[Page 259]]
``Sec. 252. Procedures for negotiation, arbitration, and approval of
agreements.
``Sec. 253. Removal of barriers to entry.
``Sec. 254. Universal service.
``Sec. 255. Access by persons with disabilities.
``Sec. 256. Coordination for interconnectivity.
``Sec. 257. Market entry barriers proceeding.
``Sec. 258. Illegal changes in subscriber carrier selections.
``Sec. 259. Infrastructure sharing.
``Sec. 260. Provision of telemessaging service.
``Sec. 261. Effect on other requirements.''
Sec. 102. Eligible telecommunications carriers.
Sec. 103. Exempt telecommunications companies.
Sec. 104. Nondiscrimination principle.
Subtitle B--Special Provisions Concerning Bell Operating Companies
Sec. 151. Bell operating company provisions.
``Part III--Special Provisions Concerning Bell Operating Companies
``Sec. 271. Bell operating company entry into interLATA services.
``Sec. 272. Separate affiliate; safeguards.
``Sec. 273. Manufacturing by Bell operating companies.
``Sec. 274. Electronic publishing by Bell operating companies.
``Sec. 275. Alarm monitoring services.
``Sec. 276. Provision of payphone service.''
TITLE II--BROADCAST SERVICES
Sec. 201. Broadcast spectrum flexibility.
``Sec. 336. Broadcast spectrum flexibility.''
Sec. 202. Broadcast ownership.
Sec. 203. Term of licenses.
Sec. 204. Broadcast license renewal procedures.
Sec. 205. Direct broadcast satellite service.
Sec. 206. Automated ship distress and safety systems.
``Sec. 365. Automated ship distress and safety systems.''
Sec. 207. Restrictions on over-the-air reception devices.
TITLE III--CABLE SERVICES
Sec. 301. Cable Act reform.
Sec. 302. Cable service provided by telephone companies.
``Part V--Video Programming Services Provided by Telephone Companies
``Sec. 651. Regulatory treatment of video programming services.
``Sec. 652. Prohibition on buy outs.
``Sec. 653. Establishment of open video systems.''
Sec. 303. Preemption of franchising authority regulation of
telecommunications services.
Sec. 304. Competitive availability of navigation devices.
``Sec. 629. Competitive availability of navigation devices.''
Sec. 305. Video programming accessibility.
``Sec. 713. Video programming accessibility.''
TITLE IV--REGULATORY REFORM
Sec. 401. Regulatory forbearance.
``Sec. 10. Competition in provision of telecommunications service.''
Sec. 402. Biennial review of regulations; regulatory relief.
``Sec. 11. Regulatory reform.''
Sec. 403. Elimination of unnecessary Commission regulations and
functions.
TITLE V--OBSCENITY AND VIOLENCE
Subtitle A--Obscene, Harassing, and Wrongful Utilization of
Telecommunications Facilities
Sec. 501. Short title.
Sec. 502. Obscene or harassing use of telecommunications facilities
under the Communications Act of 1934.
Sec. 503. Obscene programming on cable television.
Sec. 504. Scrambling of cable channels for nonsubscribers.
``Sec. 640. Scrambling of cable channels for nonsubscribers.''
Sec. 505. Scrambling of sexually explicit adult video service
programming.
``Sec. 641. Scrambling of sexually explicit adult video service
programming.''
Sec. 506. Cable operator refusal to carry certain programs.
Sec. 507. Clarification of current laws regarding communication of
obscene materials through the use of computers.
Sec. 508. Coercion and enticement of minors.
Sec. 509. Online family empowerment.
``Sec. 230. Protection for private blocking and screening of offensive
material.''
Subtitle B--Violence
Sec. 551. Parental choice in television programming.
Sec. 552. Technology fund.
Subtitle C--Judicial Review
Sec. 561. Expedited review.
TITLE VI--EFFECT ON OTHER LAWS
Sec. 601. Applicability of consent decrees and other law.
Sec. 602. Preemption of local taxation with respect to direct-to-home
services.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Prevention of unfair billing practices for information or
services provided over toll-free telephone calls.
Sec. 702. Privacy of customer information.
``Sec. 222. Privacy of customer information.''
Sec. 703. Pole attachments.
Sec. 704. Facilities siting; radio frequency emission standards.
Sec. 705. Mobile services direct access to long distance carriers.
Sec. 706. Advanced telecommunications incentives.
Sec. 707. Telecommunications Development Fund.
``Sec. 714. Telecommunications Development Fund.''
Sec. 708. National Education Technology Funding Corporation.
Sec. 709. Report on the use of advanced telecommunications services for
medical purposes.
Sec. 710. Authorization of appropriations.
SEC. 3. DEFINITIONS.
(a) Additional Definitions.--Section 3 (47 U.S.C. 153) is
amended--
(1) in subsection (r)--
(A) by inserting ``(A)'' after ``means''; and
(B) by inserting before the period at the end the
following: ``, or (B) comparable service provided through a
system of switches, transmission equipment, or other
facilities (or combination thereof) by which a subscriber can
originate and terminate a telecommunications service''; and
(2) by adding at the end thereof the following:
``(33) Affiliate.--The term `affiliate' means a person that
(directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term
`own' means to own an equity interest (or the equivalent
thereof) of more than 10 percent.
``(34) AT&T consent decree.--The term `AT&T Consent Decree'
means the order entered August 24, 1982, in the antitrust
action styled United States v. Western Electric, Civil Action
No. 82-0192, in the United States District Court for the
District of Columbia, and includes any judgment or order with
respect to such action entered on or after August 24, 1982.
``(35) Bell operating company.--The term `Bell operating
company'--
``(A) means any of the following companies: Bell Telephone
Company of Nevada, Illinois Bell Telephone Company, Indiana
Bell Telephone Company, Incorporated, Michigan Bell Telephone
Company, New England Telephone and Telegraph Company, New
Jersey Bell Telephone Company, New York Telephone Company, U
S West Communications Company, South Central Bell Telephone
Company, Southern Bell Telephone and Telegraph Company,
Southwestern Bell Telephone Company, The Bell Telephone
Company of Pennsylvania, The Chesapeake and Potomac Telephone
Company, The Chesapeake and Potomac Telephone Company of
Maryland, The Chesapeake and Potomac Telephone Company of
Virginia, The Chesapeake and Potomac Telephone Company of
West Virginia, The Diamond State Telephone Company, The Ohio
Bell Telephone Company, The Pacific Telephone and Telegraph
Company, or Wisconsin Telephone Company; and
``(B) includes any successor or assign of any such company
that provides wireline telephone exchange service; but
``(C) does not include an affiliate of any such company,
other than an affiliate described in subparagraph (A) or (B).
``(36) Cable service.--The term `cable service' has the
meaning given such term in section 602.
``(37) Cable system.--The term `cable system' has the
meaning given such term in section 602.
``(38) Customer premises equipment.--The term `customer
premises equipment' means equipment employed on the premises
of a person (other than a carrier) to originate, route, or
terminate telecommunications.
``(39) Dialing parity.--The term `dialing parity' means
that a person that is not an affiliate of a local exchange
carrier is able to provide telecommunications services in
such a manner that customers have the ability to route
automatically, without the use of any access code, their
telecommunications to the telecommunications services
provider of the customer's designation from among 2 or more
telecommunications services providers (including such local
exchange carrier).
``(40) Exchange access.--The term `exchange access' means
the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination
of telephone toll services.
``(41) Information service.--The term `information service'
means the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or
making available information via telecommunications, and
includes electronic publishing, but does not include any use
of any such capability for the management, control, or
operation of a telecommunications system or the management of
a telecommunications service.
``(42) Interlata service.--The term `interLATA service'
means telecommunications between a point located in a local
access and transport area and a point located outside such
area.
``(43) Local access and transport area.--The term `local
access and transport area' or `LATA' means a contiguous
geographic area--
``(A) established before the date of enactment of the
Telecommunications Act of 1996
[[Page 260]]
by a Bell operating company such that no exchange area
includes points within more than 1 metropolitan statistical
area, consolidated metropolitan statistical area, or State,
except as expressly permitted under the AT&T Consent Decree;
or
``(B) established or modified by a Bell operating company
after such date of enactment and approved by the Commission.
``(44) Local exchange carrier.--The term `local exchange
carrier' means any person that is engaged in the provision of
telephone exchange service or exchange access. Such term does
not include a person insofar as such person is engaged in the
provision of a commercial mobile service under section
332(c), except to the extent that the Commission finds that
such service should be included in the definition of such
term.
``(45) Network element.--The term `network element' means a
facility or equipment used in the provision of a
telecommunications service. Such term also includes features,
functions, and capabilities that are provided by means of
such facility or equipment, including subscriber numbers,
databases, signaling systems, and information sufficient for
billing and collection or used in the transmission, routing,
or other provision of a telecommunications service.
``(46) Number portability.--The term `number portability'
means the ability of users of telecommunications services to
retain, at the same location, existing telecommunications
numbers without impairment of quality, reliability, or
convenience when switching from one telecommunications
carrier to another.
``(47) Rural telephone company.--The term `rural telephone
company' means a local exchange carrier operating entity to
the extent that such entity--
``(A) provides common carrier service to any local exchange
carrier study area that does not include either--
``(i) any incorporated place of 10,000 inhabitants or more,
or any part thereof, based on the most recently available
population statistics of the Bureau of the Census; or
``(ii) any territory, incorporated or unincorporated,
included in an urbanized area, as defined by the Bureau of
the Census as of August 10, 1993;
``(B) provides telephone exchange service, including
exchange access, to fewer than 50,000 access lines;
``(C) provides telephone exchange service to any local
exchange carrier study area with fewer than 100,000 access
lines; or
``(D) has less than 15 percent of its access lines in
communities of more than 50,000 on the date of enactment of
the Telecommunications Act of 1996.
``(48) Telecommunications.--The term `telecommunications'
means the transmission, between or among points specified by
the user, of information of the user's choosing, without
change in the form or content of the information as sent and
received.
``(49) Telecommunications carrier.--The term
`telecommunications carrier' means any provider of
telecommunications services, except that such term does not
include aggregators of telecommunications services (as
defined in section 226). A telecommunications carrier shall
be treated as a common carrier under this Act only to the
extent that it is engaged in providing telecommunications
services, except that the Commission shall determine whether
the provision of fixed and mobile satellite service shall be
treated as common carriage.
``(50) Telecommunications equipment.--The term
`telecommunications equipment' means equipment, other than
customer premises equipment, used by a carrier to provide
telecommunications services, and includes software integral
to such equipment (including upgrades).
``(51) Telecommunications service.--The term
`telecommunications service' means the offering of
telecommunications for a fee directly to the public, or to
such classes of users as to be effectively available directly
to the public, regardless of the facilities used.''.
(b) Common Terminology.--Except as otherwise provided in
this Act, the terms used in this Act have the meanings
provided in section 3 of the Communications Act of 1934 (47
U.S.C. 153), as amended by this section.
(c) Stylistic Consistency.--Section 3 (47 U.S.C. 153) is
amended--
(1) in subsections (e) and (n), by redesignating clauses
(1), (2) and (3), as clauses (A), (B), and (C), respectively;
(2) in subsection (w), by redesignating paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively;
(3) in subsections (y) and (z), by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively;
(4) by redesignating subsections (a) through (ff) as
paragraphs (1) through (32);
(5) by indenting such paragraphs 2 em spaces;
(6) by inserting after the designation of each such
paragraph--
(A) a heading, in a form consistent with the form of the
heading of this subsection, consisting of the term defined by
such paragraph, or the first term so defined if such
paragraph defines more than one term; and
(B) the words ``The term'';
(7) by changing the first letter of each defined term in
such paragraphs from a capital to a lower case letter (except
for ``United States'', ``State'', ``State commission'', and
``Great Lakes Agreement''); and
(8) by reordering such paragraphs and the additional
paragraphs added by subsection (a) in alphabetical order
based on the headings of such paragraphs and renumbering such
paragraphs as so reordered.
(d) Conforming Amendments.--The Act is amended--
(1) in section 225(a)(1), by striking ``section 3(h)'' and
inserting ``section 3'';
(2) in section 332(d), by striking ``section 3(n)'' each
place it appears and inserting ``section 3''; and
(3) in sections 621(d)(3), 636(d), and 637(a)(2), by
striking ``section 3(v)'' and inserting ``section 3''.
TITLE I--TELECOMMUNICATION SERVICES
Subtitle A--Telecommunications Services
SEC. 101. ESTABLISHMENT OF PART II OF TITLE II.
(a) Amendment.--Title II is amended by inserting after
section 229 (47 U.S.C. 229) the following new part:
``PART II--DEVELOPMENT OF COMPETITIVE MARKETS
``SEC. 251. INTERCONNECTION.
``(a) General Duty of Telecommunications Carriers.--Each
telecommunications carrier has the duty--
``(1) to interconnect directly or indirectly with the
facilities and equipment of other telecommunications
carriers; and
``(2) not to install network features, functions, or
capabilities that do not comply with the guidelines and
standards established pursuant to section 255 or 256.
``(b) Obligations of All Local Exchange Carriers.--Each
local exchange carrier has the following duties:
``(1) Resale.--The duty not to prohibit, and not to impose
unreasonable or discriminatory conditions or limitations on,
the resale of its telecommunications services.
``(2) Number portability.--The duty to provide, to the
extent technically feasible, number portability in accordance
with requirements prescribed by the Commission.
``(3) Dialing parity.--The duty to provide dialing parity
to competing providers of telephone exchange service and
telephone toll service, and the duty to permit all such
providers to have nondiscriminatory access to telephone
numbers, operator services, directory assistance, and
directory listing, with no unreasonable dialing delays.
``(4) Access to rights-of-way.--The duty to afford access
to the poles, ducts, conduits, and rights-of-way of such
carrier to competing providers of telecommunications services
on rates, terms, and conditions that are consistent with
section 224.
``(5) Reciprocal compensation.--The duty to establish
reciprocal compensation arrangements for the transport and
termination of telecommunications.
``(c) Additional Obligations of Incumbent Local Exchange
Carriers.--In addition to the duties contained in subsection
(b), each incumbent local exchange carrier has the following
duties:
``(1) Duty to negotiate.--The duty to negotiate in good
faith in accordance with section 252 the particular terms and
conditions of agreements to fulfill the duties described in
paragraphs (1) through (5) of subsection (b) and this
subsection. The requesting telecommunications carrier also
has the duty to negotiate in good faith the terms and
conditions of such agreements.
``(2) Interconnection.--The duty to provide, for the
facilities and equipment of any requesting telecommunications
carrier, interconnection with the local exchange carrier's
network--
``(A) for the transmission and routing of telephone
exchange service and exchange access;
``(B) at any technically feasible point within the
carrier's network;
``(C) that is at least equal in quality to that provided by
the local exchange carrier to itself or to any subsidiary,
affiliate, or any other party to which the carrier provides
interconnection; and
``(D) on rates, terms, and conditions that are just,
reasonable, and nondiscriminatory, in accordance with the
terms and conditions of the agreement and the requirements of
this section and section 252.
``(3) Unbundled access.--The duty to provide, to any
requesting telecommunications carrier for the provision of a
telecommunications service, nondiscriminatory access to
network elements on an unbundled basis at any technically
feasible point on rates, terms, and conditions that are just,
reasonable, and nondiscriminatory in accordance with the
terms and conditions of the agreement and the requirements of
this section and section 252. An incumbent local exchange
carrier shall provide such unbundled network elements in a
manner that allows requesting carriers to combine such
elements in order to provide such telecommunications service.
``(4) Resale.--The duty--
``(A) to offer for resale at wholesale rates any
telecommunications service that the carrier provides at
retail to subscribers who are not telecommunications
carriers; and
``(B) not to prohibit, and not to impose unreasonable or
discriminatory conditions or limitations on, the resale of
such telecommunications service, except that a State
commission may, consistent with regulations prescribed by the
Commission under this section, prohibit a reseller that
obtains at wholesale rates a telecommunications service that
is available at retail only to a category of subscribers from
offering such service to a different category of subscribers.
``(5) Notice of changes.--The duty to provide reasonable
public notice of changes in the information necessary for the
transmission and routing of services using that local
exchange carrier's facilities or net
[[Page 261]]
works, as well as of any other changes that would affect the
interoperability of those facilities and networks.
``(6) Collocation.--The duty to provide, on rates, terms,
and conditions that are just, reasonable, and
nondiscriminatory, for physical collocation of equipment
necessary for interconnection or access to unbundled network
elements at the premises of the local exchange carrier,
except that the carrier may provide for virtual collocation
if the local exchange carrier demonstrates to the State
commission that physical collocation is not practical for
technical reasons or because of space limitations.
``(d) Implementation.--
``(1) In general.--Within 6 months after the date of
enactment of the Telecommunications Act of 1996, the
Commission shall complete all actions necessary to establish
regulations to implement the requirements of this section.
``(2) Access standards.--In determining what network
elements should be made available for purposes of subsection
(c)(3), the Commission shall consider, at a minimum,
whether--
``(A) access to such network elements as are proprietary in
nature is necessary; and
``(B) the failure to provide access to such network
elements would impair the ability of the telecommunications
carrier seeking access to provide the services that it seeks
to offer.
``(3) Preservation of state access regulations.--In
prescribing and enforcing regulations to implement the
requirements of this section, the Commission shall not
preclude the enforcement of any regulation, order, or policy
of a State commission that--
``(A) establishes access and interconnection obligations of
local exchange carriers;
``(B) is consistent with the requirements of this section;
and
``(C) does not substantially prevent implementation of the
requirements of this section and the purposes of this part.
``(e) Numbering Administration.--
``(1) Commission authority and jurisdiction.--The
Commission shall create or designate one or more impartial
entities to administer telecommunications numbering and to
make such numbers available on an equitable basis. The
Commission shall have exclusive jurisdiction over those
portions of the North American Numbering Plan that pertain to
the United States. Nothing in this paragraph shall preclude
the Commission from delegating to State commissions or other
entities all or any portion of such jurisdiction.
``(2) Costs.--The cost of establishing telecommunications
numbering administration arrangements and number portability
shall be borne by all telecommunications carriers on a
competitively neutral basis as determined by the Commission.
``(f) Exemptions, Suspensions, and Modifications.--
``(1) Exemption for certain rural telephone companies.--
``(A) Exemption.--Subsection (c) of this section shall not
apply to a rural telephone company until (i) such company has
received a bona fide request for interconnection, services,
or network elements, and (ii) the State commission determines
(under subparagraph (B)) that such request is not unduly
economically burdensome, is technically feasible, and is
consistent with section 254 (other than subsections (b)(7)
and (c)(1)(D) thereof).
``(B) State termination of exemption and implementation
schedule.--The party making a bona fide request of a rural
telephone company for interconnection, services, or network
elements shall submit a notice of its request to the State
commission. The State commission shall conduct an inquiry for
the purpose of determining whether to terminate the exemption
under subparagraph (A). Within 120 days after the State
commission receives notice of the request, the State
commission shall terminate the exemption if the request is
not unduly economically burdensome, is technically feasible,
and is consistent with section 254 (other than subsections
(b)(7) and (c)(1)(D) thereof). Upon termination of the
exemption, a State commission shall establish an
implementation schedule for compliance with the request that
is consistent in time and manner with Commission regulations.
``(C) Limitation on exemption.--The exemption provided by
this paragraph shall not apply with respect to a request
under subsection (c) from a cable operator providing video
programming, and seeking to provide any telecommunications
service, in the area in which the rural telephone company
provides video programming. The limitation contained in this
subparagraph shall not apply to a rural telephone company
that is providing video programming on the date of enactment
of the Telecommunications Act of 1996.
``(2) Suspensions and modifications for rural carriers.--A
local exchange carrier with fewer than 2 percent of the
Nation's subscriber lines installed in the aggregate
nationwide may petition a State commission for a suspension
or modification of the application of a requirement or
requirements of subsection (b) or (c) to telephone exchange
service facilities specified in such petition. The State
commission shall grant such petition to the extent that, and
for such duration as, the State commission determines that
such suspension or modification--
``(A) is necessary--
``(i) to avoid a significant adverse economic impact on
users of telecommunications services generally;
``(ii) to avoid imposing a requirement that is unduly
economically burdensome; or
``(iii) to avoid imposing a requirement that is technically
infeasible; and
``(B) is consistent with the public interest, convenience,
and necessity.
The State commission shall act upon any petition filed under
this paragraph within 180 days after receiving such petition.
Pending such action, the State commission may suspend
enforcement of the requirement or requirements to which the
petition applies with respect to the petitioning carrier or
carriers.
``(g) Continued Enforcement of Exchange Access and
Interconnection Requirements.--On and after the date of
enactment of the Telecommunications Act of 1996, each local
exchange carrier, to the extent that it provides wireline
services, shall provide exchange access, information access,
and exchange services for such access to interexchange
carriers and information service providers in accordance with
the same equal access and nondiscriminatory interconnection
restrictions and obligations (including receipt of
compensation) that apply to such carrier on the date
immediately preceding the date of enactment of the
Telecommunications Act of 1996 under any court order, consent
decree, or regulation, order, or policy of the Commission,
until such restrictions and obligations are explicitly
superseded by regulations prescribed by the Commission after
such date of enactment. During the period beginning on such
date of enactment and until such restrictions and obligations
are so superseded, such restrictions and obligations shall be
enforceable in the same manner as regulations of the
Commission.
``(h) Definition of Incumbent Local Exchange Carrier.--
``(1) Definition.--For purposes of this section, the term
`incumbent local exchange carrier' means, with respect to an
area, the local exchange carrier that--
``(A) on the date of enactment of the Telecommunications
Act of 1996, provided telephone exchange service in such
area; and
``(B)(i) on such date of enactment, was deemed to be a
member of the exchange carrier association pursuant to
section 69.601(b) of the Commission's regulations (47 C.F.R.
69.601(b)); or
``(ii) is a person or entity that, on or after such date of
enactment, became a successor or assign of a member described
in clause (i).
``(2) Treatment of comparable carriers as incumbents.--The
Commission may, by rule, provide for the treatment of a local
exchange carrier (or class or category thereof) as an
incumbent local exchange carrier for purposes of this section
if--
``(A) such carrier occupies a position in the market for
telephone exchange service within an area that is comparable
to the position occupied by a carrier described in paragraph
(1);
``(B) such carrier has substantially replaced an incumbent
local exchange carrier described in paragraph (1); and
``(C) such treatment is consistent with the public
interest, convenience, and necessity and the purposes of this
section.
``(i) Savings Provision.--Nothing in this section shall be
construed to limit or otherwise affect the Commission's
authority under section 201.
``SEC. 252. PROCEDURES FOR NEGOTIATION, ARBITRATION, AND
APPROVAL OF AGREEMENTS.
``(a) Agreements Arrived at Through Negotiation.--
``(1) Voluntary negotiations.--Upon receiving a request for
interconnection, services, or network elements pursuant to
section 251, an incumbent local exchange carrier may
negotiate and enter into a binding agreement with the
requesting telecommunications carrier or carriers without
regard to the standards set forth in subsections (b) and (c)
of section 251. The agreement shall include a detailed
schedule of itemized charges for interconnection and each
service or network element included in the agreement. The
agreement, including any interconnection agreement negotiated
before the date of enactment of the Telecommunications Act of
1996, shall be submitted to the State commission under
subsection (e) of this section.
``(2) Mediation.--Any party negotiating an agreement under
this section may, at any point in the negotiation, ask a
State commission to participate in the negotiation and to
mediate any differences arising in the course of the
negotiation.
``(b) Agreements Arrived at Through Compulsory
Arbitration.--
``(1) arbitration.--During the period from the 135th to the
160th day (inclusive) after the date on which an incumbent
local exchange carrier receives a request for negotiation
under this section, the carrier or any other party to the
negotiation may petition a State commission to arbitrate any
open issues.
``(2) Duty of petitioner.--
``(A) A party that petitions a State commission under
paragraph (1) shall, at the same time as it submits the
petition, provide the State commission all relevant
documentation concerning--
``(i) the unresolved issues;
``(ii) the position of each of the parties with respect to
those issues; and
``(iii) any other issue discussed and resolved by the
parties.
``(B) A party petitioning a State commission under
paragraph (1) shall provide a copy of the petition and any
documentation to the other party or parties not later than
the day on which the State commission receives the petition.
[[Page 262]]
``(3) Opportunity to respond.--A non-petitioning party to a
negotiation under this section may respond to the other
party's petition and provide such additional information as
it wishes within 25 days after the State commission receives
the petition.
``(4) Action by state commission.--
``(A) The State commission shall limit its consideration of
any petition under paragraph (1) (and any response thereto)
to the issues set forth in the petition and in the response,
if any, filed under paragraph (3).
``(B) The State commission may require the petitioning
party and the responding party to provide such information as
may be necessary for the State commission to reach a decision
on the unresolved issues. If any party refuses or fails
unreasonably to respond on a timely basis to any reasonable
request from the State commission, then the State commission
may proceed on the basis of the best information available to
it from whatever source derived.
``(C) The State commission shall resolve each issue set
forth in the petition and the response, if any, by imposing
appropriate conditions as required to implement subsection
(c) upon the parties to the agreement, and shall conclude the
resolution of any unresolved issues not later than 9 months
after the date on which the local exchange carrier received
the request under this section.
``(5) Refusal to negotiate.--The refusal of any other party
to the negotiation to participate further in the
negotiations, to cooperate with the State commission in
carrying out its function as an arbitrator, or to continue to
negotiate in good faith in the presence, or with the
assistance, of the State commission shall be considered a
failure to negotiate in good faith.
``(c) Standards for Arbitration.--In resolving by
arbitration under subsection (b) any open issues and imposing
conditions upon the parties to the agreement, a State
commission shall--
``(1) ensure that such resolution and conditions meet the
requirements of section 251, including the regulations
prescribed by the Commission pursuant to section 251;
``(2) establish any rates for interconnection, services, or
network elements according to subsection (d); and
``(3) provide a schedule for implementation of the terms
and conditions by the parties to the agreement.
``(d) Pricing Standards.--
``(1) Interconnection and network element charges.--
Determinations by a State commission of the just and
reasonable rate for the interconnection of facilities and
equipment for purposes of subsection (c)(2) of section 251,
and the just and reasonable rate for network elements for
purposes of subsection (c)(3) of such section--
``(A) shall be--
``(i) based on the cost (determined without reference to a
rate-of-return or other rate-based proceeding) of providing
the interconnection or network element (whichever is
applicable), and
``(ii) nondiscriminatory, and
``(B) may include a reasonable profit.
``(2) Charges for transport and termination of traffic.--
``(A) In general.--For the purposes of compliance by an
incumbent local exchange carrier with section 251(b)(5), a
State commission shall not consider the terms and conditions
for reciprocal compensation to be just and reasonable
unless--
``(i) such terms and conditions provide for the mutual and
reciprocal recovery by each carrier of costs associated with
the transport and termination on each carrier's network
facilities of calls that originate on the network facilities
of the other carrier; and
``(ii) such terms and conditions determine such costs on
the basis of a reasonable approximation of the additional
costs of terminating such calls.
``(B) Rules of construction.--This paragraph shall not be
construed--
``(i) to preclude arrangements that afford the mutual
recovery of costs through the offsetting of reciprocal
obligations, including arrangements that waive mutual
recovery (such as bill-and-keep arrangements); or
``(ii) to authorize the Commission or any State commission
to engage in any rate regulation proceeding to establish with
particularity the additional costs of transporting or
terminating calls, or to require carriers to maintain records
with respect to the additional costs of such calls.
``(3) Wholesale prices for telecommunications services.--
For the purposes of section 251(c)(4), a State commission
shall determine wholesale rates on the basis of retail rates
charged to subscribers for the telecommunications service
requested, excluding the portion thereof attributable to any
marketing, billing, collection, and other costs that will be
avoided by the local exchange carrier.
``(e) Approval by State Commission.--
``(1) Approval required.--Any interconnection agreement
adopted by negotiation or arbitration shall be submitted for
approval to the State commission. A State commission to which
an agreement is submitted shall approve or reject the
agreement, with written findings as to any deficiencies.
``(2) Grounds for rejection.--The State commission may only
reject--
``(A) an agreement (or any portion thereof) adopted by
negotiation under subsection (a) if it finds that--
``(i) the agreement (or portion thereof) discriminates
against a telecommunications carrier not a party to the
agreement; or
``(ii) the implementation of such agreement or portion is
not consistent with the public interest, convenience, and
necessity; or
``(B) an agreement (or any portion thereof) adopted by
arbitration under subsection (b) if it finds that the
agreement does not meet the requirements of section 251,
including the regulations prescribed by the Commission
pursuant to section 251, or the standards set forth in
subsection (d) of this section.
``(3) Preservation of authority.--Notwithstanding paragraph
(2), but subject to section 253, nothing in this section
shall prohibit a State commission from establishing or
enforcing other requirements of State law in its review of an
agreement, including requiring compliance with intrastate
telecommunications service quality standards or requirements.
``(4) Schedule for decision.--If the State commission does
not act to approve or reject the agreement within 90 days
after submission by the parties of an agreement adopted by
negotiation under subsection (a), or within 30 days after
submission by the parties of an agreement adopted by
arbitration under subsection (b), the agreement shall be
deemed approved. No State court shall have jurisdiction to
review the action of a State commission in approving or
rejecting an agreement under this section.
``(5) Commission to act if state will not act.--If a State
commission fails to act to carry out its responsibility under
this section in any proceeding or other matter under this
section, then the Commission shall issue an order preempting
the State commission's jurisdiction of that proceeding or
matter within 90 days after being notified (or taking notice)
of such failure, and shall assume the responsibility of the
State commission under this section with respect to the
proceeding or matter and act for the State commission.
``(6) Review of state commission actions.--In a case in
which a State fails to act as described in paragraph (5), the
proceeding by the Commission under such paragraph and any
judicial review of the Commission's actions shall be the
exclusive remedies for a State commission's failure to act.
In any case in which a State commission makes a determination
under this section, any party aggrieved by such determination
may bring an action in an appropriate Federal district court
to determine whether the agreement or statement meets the
requirements of section 251 and this section.
``(f) Statements of Generally Available Terms.--
``(1) In general.--A Bell operating company may prepare and
file with a State commission a statement of the terms and
conditions that such company generally offers within that
State to comply with the requirements of section 251 and the
regulations thereunder and the standards applicable under
this section.
``(2) State commission review.--A State commission may not
approve such statement unless such statement complies with
subsection (d) of this section and section 251 and the
regulations thereunder. Except as provided in section 253,
nothing in this section shall prohibit a State commission
from establishing or enforcing other requirements of State
law in its review of such statement, including requiring
compliance with intrastate telecommunications service quality
standards or requirements.
``(3) Schedule for review.--The State commission to which a
statement is submitted shall, not later than 60 days after
the date of such submission--
``(A) complete the review of such statement under paragraph
(2) (including any reconsideration thereof), unless the
submitting carrier agrees to an extension of the period for
such review; or
``(B) permit such statement to take effect.
``(4) Authority to continue review.--Paragraph (3) shall
not preclude the State commission from continuing to review a
statement that has been permitted to take effect under
subparagraph (B) of such paragraph or from approving or
disapproving such statement under paragraph (2).
``(5) Duty to negotiate not affected.--The submission or
approval of a statement under this subsection shall not
relieve a Bell operating company of its duty to negotiate the
terms and conditions of an agreement under section 251.
``(g) Consolidation of State Proceedings.--Where not
inconsistent with the requirements of this Act, a State
commission may, to the extent practical, consolidate
proceedings under sections 214(e), 251(f), 253, and this
section in order to reduce administrative burdens on
telecommunications carriers, other parties to the
proceedings, and the State commission in carrying out its
responsibilities under this Act.
``(h) Filing Required.--A State commission shall make a
copy of each agreement approved under subsection (e) and each
statement approved under subsection (f) available for public
inspection and copying within 10 days after the agreement or
statement is approved. The State commission may charge a
reasonable and nondiscriminatory fee to the parties to the
agreement or to the party filing the statement to cover the
costs of approving and filing such agreement or statement.
``(i) Availability to Other Telecommunications Carriers.--A
local exchange carrier shall make available any
interconnection, service, or network element provided under
an agreement approved under this section to which it is a
party to any other requesting telecommunications carrier upon
the same
[[Page 263]]
terms and conditions as those provided in the agreement.
``(j) Definition of Incumbent Local Exchange Carrier.--For
purposes of this section, the term `incumbent local exchange
carrier' has the meaning provided in section 251(h).
``SEC. 253. REMOVAL OF BARRIERS TO ENTRY.
``(a) In General.--No State or local statute or regulation,
or other State or local legal requirement, may prohibit or
have the effect of prohibiting the ability of any entity to
provide any interstate or intrastate telecommunications
service.
``(b) State Regulatory Authority.--Nothing in this section
shall affect the ability of a State to impose, on a
competitively neutral basis and consistent with section 254,
requirements necessary to preserve and advance universal
service, protect the public safety and welfare, ensure the
continued quality of telecommunications services, and
safeguard the rights of consumers.
``(c) State and Local Government Authority.--Nothing in
this section affects the authority of a State or local
government to manage the public rights-of-way or to require
fair and reasonable compensation from telecommunications
providers, on a competitively neutral and nondiscriminatory
basis, for use of public rights-of-way on a nondiscriminatory
basis, if the compensation required is publicly disclosed by
such government.
``(d) Preemption.--If, after notice and an opportunity for
public comment, the Commission determines that a State or
local government has permitted or imposed any statute,
regulation, or legal requirement that violates subsection (a)
or (b), the Commission shall preempt the enforcement of such
statute, regulation, or legal requirement to the extent
necessary to correct such violation or inconsistency.
``(e) Commercial mobile service providers.--Nothing in this
section shall affect the application of section 332(c)(3) to
commercial mobile service providers.
``(f) Rural Markets.--It shall not be a violation of this
section for a State to require a telecommunications carrier
that seeks to provide telephone exchange service or exchange
access in a service area served by a rural telephone company
to meet the requirements in section 214(e)(1) for designation
as an eligible telecommunications carrier for that area
before being permitted to provide such service. This
subsection shall not apply--
``(1) to a service area served by a rural telephone company
that has obtained an exemption, suspension, or modification
of section 251(c)(4) that effectively prevents a competitor
from meeting the requirements of section 214(e)(1); and
``(2) to a provider of commercial mobile services.
``SEC. 254. UNIVERSAL SERVICE.
``(a) Procedures to Review Universal Service
Requirements.--
``(1) Federal-state joint board on universal service.--
Within one month after the date of enactment of the
Telecommunications Act of 1996, the Commission shall
institute and refer to a Federal-State Joint Board under
section 410(c) a proceeding to recommend changes to any of
its regulations in order to implement sections 214(e) and
this section, including the definition of the services that
are supported by Federal universal service support mechanisms
and a specific timetable for completion of such
recommendations. In addition to the members of the Joint
Board required under section 410(c), one member of such Joint
Board shall be a State-appointed utility consumer advocate
nominated by a national organization of State utility
consumer advocates. The Joint Board shall, after notice and
opportunity for public comment, make its recommendations to
the Commission 9 months after the date of enactment of the
Telecommunications Act of 1996.
``(2) Commission action.--The Commission shall initiate a
single proceeding to implement the recommendations from the
Joint Board required by paragraph (1) and shall complete such
proceeding within 15 months after the date of enactment of
the Telecommunications Act of 1996. The rules established by
such proceeding shall include a definition of the services
that are supported by Federal universal service support
mechanisms and a specific timetable for implementation.
Thereafter, the Commission shall complete any proceeding to
implement subsequent recommendations from any Joint Board on
universal service within one year after receiving such
recommendations.
``(b) Universal Service Principles.--The Joint Board and
the Commission shall base policies for the preservation and
advancement of universal service on the following principles:
``(1) Quality and rates.--Quality services should be
available at just, reasonable, and affordable rates.
``(2) Access to advanced services.--Access to advanced
telecommunications and information services should be
provided in all regions of the Nation.
``(3) Access in rural and high cost areas.--Consumers in
all regions of the Nation, including low-income consumers and
those in rural, insular, and high cost areas, should have
access to telecommunications and information services,
including interexchange services and advanced
telecommunications and information services, that are
reasonably comparable to those services provided in urban
areas and that are available at rates that are reasonably
comparable to rates charged for similar services in urban
areas.
``(4) Equitable and nondiscriminatory contributions.--All
providers of telecommunications services should make an
equitable and nondiscriminatory contribution to the
preservation and advancement of universal service.
``(5) Specific and predictable support mechanisms.--There
should be specific, predictable and sufficient Federal and
State mechanisms to preserve and advance universal service.
``(6) Access to advanced telecommunications services for
schools, health care, and libraries.--Elementary and
secondary schools and classrooms, health care providers, and
libraries should have access to advanced telecommunications
services as described in subsection (h).
``(7) Additional principles.--Such other principles as the
Joint Board and the Commission determine are necessary and
appropriate for the protection of the public interest,
convenience, and necessity and are consistent with this Act.
``(c) Definition.--
``(1) In general.--Universal service is an evolving level
of telecommunications services that the Commission shall
establish periodically under this section, taking into
account advances in telecommunications and information
technologies and services. The Joint Board in recommending,
and the Commission in establishing, the definition of the
services that are supported by Federal universal service
support mechanisms shall consider the extent to which such
telecommunications services--
``(A) are essential to education, public health, or public
safety;
``(B) have, through the operation of market choices by
customers, been subscribed to by a substantial majority of
residential customers;
``(C) are being deployed in public telecommunications
networks by telecommunications carriers; and
``(D) are consistent with the public interest, convenience,
and necessity.
``(2) Alterations and modifications.--The Joint Board may,
from time to time, recommend to the Commission modifications
in the definition of the services that are supported by
Federal universal service support mechanisms.
``(3) Special services.--In addition to the services
included in the definition of universal service under
paragraph (1), the Commission may designate additional
services for such support mechanisms for schools, libraries,
and health care providers for the purposes of subsection (h).
``(d) Telecommunications Carrier Contribution.--Every
telecommunications carrier that provides interstate
telecommunications services shall contribute, on an equitable
and nondiscriminatory basis, to the specific, predictable,
and sufficient mechanisms established by the Commission to
preserve and advance universal service. The Commission may
exempt a carrier or class of carriers from this requirement
if the carrier's telecommunications activities are limited to
such an extent that the level of such carrier's contribution
to the preservation and advancement of universal service
would be de minimis. Any other provider of interstate
telecommunications may be required to contribute to the
preservation and advancement of universal service if the
public interest so requires.
``(e) Universal Service Support.--After the date on which
Commission regulations implementing this section take effect,
only an eligible telecommunications carrier designated under
section 214(e) shall be eligible to receive specific Federal
universal service support. A carrier that receives such
support shall use that support only for the provision,
maintenance, and upgrading of facilities and services for
which the support is intended. Any such support should be
explicit and sufficient to achieve the purposes of this
section.
``(f) State Authority.--A State may adopt regulations not
inconsistent with the Commission's rules to preserve and
advance universal service. Every telecommunications carrier
that provides intrastate telecommunications services shall
contribute, on an equitable and nondiscriminatory basis, in a
manner determined by the State to the preservation and
advancement of universal service in that State. A State may
adopt regulations to provide for additional definitions and
standards to preserve and advance universal service within
that State only to the extent that such regulations adopt
additional specific, predictable, and sufficient mechanisms
to support such definitions or standards that do not rely on
or burden Federal universal service support mechanisms.
``(g) Interexchange and Interstate Services.--Within 6
months after the date of enactment of the Telecommunications
Act of 1996, the Commission shall adopt rules to require that
the rates charged by providers of interexchange
telecommunications services to subscribers in rural and high
cost areas shall be no higher than the rates charged by each
such provider to its subscribers in urban areas. Such rules
shall also require that a provider of interstate
interexchange telecommunications services shall provide such
services to its subscribers in each State at rates no higher
than the rates charged to its subscribers in any other State.
``(h) Telecommunications Services for Certain Providers.--
``(1) In general.--
``(A) Health care providers for rural areas.--A
telecommunications carrier shall, upon receiving a bona fide
request, provide
[[Page 264]]
telecommunications services which are necessary for the
provision of health care services in a State, including
instruction relating to such services, to any public or
nonprofit health care provider that serves persons who reside
in rural areas in that State at rates that are reasonably
comparable to rates charged for similar services in urban
areas in that State. A telecommunications carrier providing
service under this paragraph shall be entitled to have an
amount equal to the difference, if any, between the rates for
services provided to health care providers for rural areas in
a State and the rates for similar services provided to other
customers in comparable rural areas in that State treated as
a service obligation as a part of its obligation to
participate in the mechanisms to preserve and advance
universal service.
``(B) Educational providers and libraries.--All
telecommunications carriers serving a geographic area shall,
upon a bona fide request for any of its services that are
within the definition of universal service under subsection
(c)(3), provide such services to elementary schools,
secondary schools, and libraries for educational purposes at
rates less than the amounts charged for similar services to
other parties. The discount shall be an amount that the
Commission, with respect to interstate services, and the
States, with respect to intrastate services, determine is
appropriate and necessary to ensure affordable access to and
use of such services by such entities. A telecommunications
carrier providing service under this paragraph shall--
``(i) have an amount equal to the amount of the discount
treated as an offset to its obligation to contribute to the
mechanisms to preserve and advance universal service, or
``(ii) notwithstanding the provisions of subsection (e) of
this section, receive reimbursement utilizing the support
mechanisms to preserve and advance universal service.
``(2) Advanced services.--The Commission shall establish
competitively neutral rules--
``(A) to enhance, to the extent technically feasible and
economically reasonable, access to advanced
telecommunications and information services for all public
and nonprofit elementary and secondary school classrooms,
health care providers, and libraries; and
``(B) to define the circumstances under which a
telecommunications carrier may be required to connect its
network to such public institutional telecommunications
users.
``(3) Terms and conditions.--Telecommunications services
and network capacity provided to a public institutional
telecommunications user under this subsection may not be
sold, resold, or otherwise transferred by such user in
consideration for money or any other thing of value.
``(4) Eligibility of users.--No entity listed in this
subsection shall be entitled to preferential rates or
treatment as required by this subsection, if such entity
operates as a for-profit business, is a school described in
paragraph (5)(A) with an endowment of more than $50,000,000,
or is a library not eligible for participation in State-based
plans for funds under title III of the Library Services and
Construction Act (20 U.S.C. 335c et seq.).
``(5) Definitions.--For purposes of this subsection:
``(A) Elementary and secondary schools.--The term
`elementary and secondary schools' means elementary schools
and secondary schools, as defined in paragraphs (14) and
(25), respectively, of section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
``(B) Health care provider.--The term `health care
provider' means--
``(i) post-secondary educational institutions offering
health care instruction, teaching hospitals, and medical
schools;
``(ii) community health centers or health centers providing
health care to migrants;
``(iii) local health departments or agencies;
``(iv) community mental health centers;
``(v) not-for-profit hospitals;
``(vi) rural health clinics; and
``(vii) consortia of health care providers consisting of
one or more entities described in clauses (i) through (vi).
``(C) Public institutional telecommunications user.--The
term `public institutional telecommunications user' means an
elementary or secondary school, a library, or a health care
provider as those terms are defined in this paragraph.
``(i) Consumer Protection.--The Commission and the States
should ensure that universal service is available at rates
that are just, reasonable, and affordable.
``(j) Lifeline Assistance.--Nothing in this section shall
affect the collection, distribution, or administration of the
Lifeline Assistance Program provided for by the Commission
under regulations set forth in section 69.117 of title 47,
Code of Federal Regulations, and other related sections of
such title.
``(k) Subsidy of Competitive Services Prohibited.--A
telecommunications carrier may not use services that are not
competitive to subsidize services that are subject to
competition. The Commission, with respect to interstate
services, and the States, with respect to intrastate
services, shall establish any necessary cost allocation
rules, accounting safeguards, and guidelines to ensure that
services included in the definition of universal service bear
no more than a reasonable share of the joint and common costs
of facilities used to provide those services.
``SEC. 255. ACCESS BY PERSONS WITH DISABILITIES.
``(a) Definitions.--As used in this section--
``(1) Disability.--The term `disability' has the meaning
given to it by section 3(2)(A) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)).
``(2) Readily achievable.--The term `readily achievable'
has the meaning given to it by section 301(9) of that Act (42
U.S.C. 12181(9)).
``(b) Manufacturing.--A manufacturer of telecommunications
equipment or customer premises equipment shall ensure that
the equipment is designed, developed, and fabricated to be
accessible to and usable by individuals with disabilities, if
readily achievable.
``(c) Telecommunications Services.--A provider of
telecommunications service shall ensure that the service is
accessible to and usable by individuals with disabilities, if
readily achievable.
``(d) Compatibility.--Whenever the requirements of
subsections (b) and (c) are not readily achievable, such a
manufacturer or provider shall ensure that the equipment or
service is compatible with existing peripheral devices or
specialized customer premises equipment commonly used by
individuals with disabilities to achieve access, if readily
achievable.
``(e) Guidelines.--Within 18 months after the date of
enactment of the Telecommunications Act of 1996, the
Architectural and Transportation Barriers Compliance Board
shall develop guidelines for accessibility of
telecommunications equipment and customer premises equipment
in conjunction with the Commission. The Board shall review
and update the guidelines periodically.
``(f) No Additional Private Rights Authorized.--Nothing in
this section shall be construed to authorize any private
right of action to enforce any requirement of this section or
any regulation thereunder. The Commission shall have
exclusive jurisdiction with respect to any complaint under
this section.
``SEC. 256. COORDINATION FOR INTERCONNECTIVITY.
``(a) Purpose.--It is the purpose of this section--
``(1) to promote nondiscriminatory accessibility by the
broadest number of users and vendors of communications
products and services to public telecommunications networks
used to provide telecommunications service through--
``(A) coordinated public telecommunications network
planning and design by telecommunications carriers and other
providers of telecommunications service; and
``(B) public telecommunications network interconnectivity,
and interconnectivity of devices with such networks used to
provide telecommunications service; and
``(2) to ensure the ability of users and information
providers to seamlessly and transparently transmit and
receive information between and across telecommunications
networks.
``(b) Commission Functions.--In carrying out the purposes
of this section, the Commission--
``(1) shall establish procedures for Commission oversight
of coordinated network planning by telecommunications
carriers and other providers of telecommunications service
for the effective and efficient interconnection of public
telecommunications networks used to provide
telecommunications service; and
``(2) may participate, in a manner consistent with its
authority and practice prior to the date of enactment of this
section, in the development by appropriate industry
standards-setting organizations of public telecommunications
network interconnectivity standards that promote access to--
``(A) public telecommunications networks used to provide
telecommunications service;
``(B) network capabilities and services by individuals with
disabilities; and
``(C) information services by subscribers of rural
telephone companies.
``(c) Commission's Authority.--Nothing in this section
shall be construed as expanding or limiting any authority
that the Commission may have under law in effect before the
date of enactment of the Telecommunications Act of 1996.
``(d) Definition.--As used in this section, the term
`public telecommunications network interconnectivity' means
the ability of two or more public telecommunications networks
used to provide telecommunications service to communicate and
exchange information without degeneration, and to interact in
concert with one another.
``SEC. 257. MARKET ENTRY BARRIERS PROCEEDING.
``(a) Elimination of Barriers.--Within 15 months after the
date of enactment of the Telecommunications Act of 1996, the
Commission shall complete a proceeding for the purpose of
identifying and eliminating, by regulations pursuant to its
authority under this Act (other than this section), market
entry barriers for entrepreneurs and other small businesses
in the provision and ownership of telecommunications services
and information services, or in the provision of parts or
services to providers of telecommunications services and
information services.
``(b) National Policy.--In carrying out subsection (a), the
Commission shall seek to promote the policies and purposes of
this Act favoring diversity of media voices, vigorous
economic competition, technological advancement, and
promotion of the public interest, convenience, and necessity.
[[Page 265]]
``(c) Periodic Review.--Every 3 years following the
completion of the proceeding required by subsection (a), the
Commission shall review and report to Congress on--
``(1) any regulations prescribed to eliminate barriers
within its jurisdiction that are identified under subsection
(a) and that can be prescribed consistent with the public
interest, convenience, and necessity; and
``(2) the statutory barriers identified under subsection
(a) that the Commission recommends be eliminated, consistent
with the public interest, convenience, and necessity.
``SEC. 258. ILLEGAL CHANGES IN SUBSCRIBER CARRIER SELECTIONS.
``(a) Prohibition.--No telecommunications carrier shall
submit or execute a change in a subscriber's selection of a
provider of telephone exchange service or telephone toll
service except in accordance with such verification
procedures as the Commission shall prescribe. Nothing in this
section shall preclude any State commission from enforcing
such procedures with respect to intrastate services.
``(b) Liability for Charges.--Any telecommunications
carrier that violates the verification procedures described
in subsection (a) and that collects charges for telephone
exchange service or telephone toll service from a subscriber
shall be liable to the carrier previously selected by the
subscriber in an amount equal to all charges paid by such
subscriber after such violation, in accordance with such
procedures as the Commission may prescribe. The remedies
provided by this subsection are in addition to any other
remedies available by law.
``SEC. 259. INFRASTRUCTURE SHARING.
``(a) Regulations Required.--The Commission shall
prescribe, within one year after the date of enactment of the
Telecommunications Act of 1996, regulations that require
incumbent local exchange carriers (as defined in section
251(h)) to make available to any qualifying carrier such
public switched network infrastructure, technology,
information, and telecommunications facilities and functions
as may be requested by such qualifying carrier for the
purpose of enabling such qualifying carrier to provide
telecommunications services, or to provide access to
information services, in the service area in which such
qualifying carrier has requested and obtained designation as
an eligible telecommunications carrier under section 214(e).
``(b) Terms and Conditions of Regulations.--The regulations
prescribed by the Commission pursuant to this section shall--
``(1) not require a local exchange carrier to which this
section applies to take any action that is economically
unreasonable or that is contrary to the public interest;
``(2) permit, but shall not require, the joint ownership or
operation of public switched network infrastructure and
services by or among such local exchange carrier and a
qualifying carrier;
``(3) ensure that such local exchange carrier will not be
treated by the Commission or any State as a common carrier
for hire or as offering common carrier services with respect
to any infrastructure, technology, information, facilities,
or functions made available to a qualifying carrier in
accordance with regulations issued pursuant to this section;
``(4) ensure that such local exchange carrier makes such
infrastructure, technology, information, facilities, or
functions available to a qualifying carrier on just and
reasonable terms and conditions that permit such qualifying
carrier to fully benefit from the economies of scale and
scope of such local exchange carrier, as determined in
accordance with guidelines prescribed by the Commission in
regulations issued pursuant to this section;
``(5) establish conditions that promote cooperation between
local exchange carriers to which this section applies and
qualifying carriers;
``(6) not require a local exchange carrier to which this
section applies to engage in any infrastructure sharing
agreement for any services or access which are to be provided
or offered to consumers by the qualifying carrier in such
local exchange carrier's telephone exchange area; and
``(7) require that such local exchange carrier file with
the Commission or State for public inspection, any tariffs,
contracts, or other arrangements showing the rates, terms,
and conditions under which such carrier is making available
public switched network infrastructure and functions under
this section.
``(c) Information Concerning Deployment of New Services and
Equipment.--A local exchange carrier to which this section
applies that has entered into an infrastructure sharing
agreement under this section shall provide to each party to
such agreement timely information on the planned deployment
of telecommunications services and equipment, including any
software or upgrades of software integral to the use or
operation of such telecommunications equipment.
``(d) Definition.--For purposes of this section, the term
`qualifying carrier' means a telecommunications carrier
that--
``(1) lacks economies of scale or scope, as determined in
accordance with regulations prescribed by the Commission
pursuant to this section; and
``(2) offers telephone exchange service, exchange access,
and any other service that is included in universal service,
to all consumers without preference throughout the service
area for which such carrier has been designated as an
eligible telecommunications carrier under section 214(e).
``SEC. 260. PROVISION OF TELEMESSAGING SERVICE.
``(a) Nondiscrimination Safeguards.--Any local exchange
carrier subject to the requirements of section 251(c) that
provides telemessaging service--
``(1) shall not subsidize its telemessaging service
directly or indirectly from its telephone exchange service or
its exchange access; and
``(2) shall not prefer or discriminate in favor of its
telemessaging service operations in its provision of
telecommunications services.
``(b) Expedited Consideration of Complaints.--The
Commission shall establish procedures for the receipt and
review of complaints concerning violations of subsection (a)
or the regulations thereunder that result in material
financial harm to a provider of telemessaging service. Such
procedures shall ensure that the Commission will make a final
determination with respect to any such complaint within 120
days after receipt of the complaint. If the complaint
contains an appropriate showing that the alleged violation
occurred, the Commission shall, within 60 days after receipt
of the complaint, order the local exchange carrier and any
affiliates to cease engaging in such violation pending such
final determination.
``(c) Definition.--As used in this section, the term
`telemessaging service' means voice mail and voice storage
and retrieval services, any live operator services used to
record, transcribe, or relay messages (other than
telecommunications relay services), and any ancillary
services offered in combination with these services.
``SEC. 261. EFFECT ON OTHER REQUIREMENTS.
``(a) Commission Regulations.--Nothing in this part shall
be construed to prohibit the Commission from enforcing
regulations prescribed prior to the date of enactment of the
Telecommunications Act of 1996 in fulfilling the requirements
of this part, to the extent that such regulations are not
inconsistent with the provisions of this part.
``(b) Existing State Regulations.--Nothing in this part
shall be construed to prohibit any State commission from
enforcing regulations prescribed prior to the date of
enactment of the Telecommunications Act of 1996, or from
prescribing regulations after such date of enactment, in
fulfilling the requirements of this part, if such regulations
are not inconsistent with the provisions of this part.
``(c) Additional State Requirements.--Nothing in this part
precludes a State from imposing requirements on a
telecommunications carrier for intrastate services that are
necessary to further competition in the provision of
telephone exchange service or exchange access, as long as the
State's requirements are not inconsistent with this part or
the Commission's regulations to implement this part.''.
(b) Designation of Part I.--Title II of the Act is further
amended by inserting before the heading of section 201 the
following new heading:
``PART I--COMMON CARRIER REGULATION''
(c) Stylistic Consistency.--The Act is amended so that--
(1) the designation and heading of each title of the Act
shall be in the form and typeface of the designation and
heading of this title of this Act; and
(2) the designation and heading of each part of each title
of the Act shall be in the form and typeface of the
designation and heading of part I of title II of the Act, as
amended by subsection (a).
SEC. 102. ELIGIBLE TELECOMMUNICATIONS CARRIERS.
(a) In General.--Section 214 (47 U.S.C. 214) is amended by
adding at the end thereof the following new subsection:
``(e) Provision of Universal Service.--
``(1) Eligible telecommunications carriers.--A common
carrier designated as an eligible telecommunications carrier
under paragraph (2) or (3) shall be eligible to receive
universal service support in accordance with section 254 and
shall, throughout the service area for which the designation
is received--
``(A) offer the services that are supported by Federal
universal service support mechanisms under section 254(c),
either using its own facilities or a combination of its own
facilities and resale of another carrier's services
(including the services offered by another eligible
telecommunications carrier); and
``(B) advertise the availability of such services and the
charges therefor using media of general distribution.
``(2) Designation of eligible telecommunications
carriers.--A State commission shall upon its own motion or
upon request designate a common carrier that meets the
requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by
the State commission. Upon request and consistent with the
public interest, convenience, and necessity, the State
commission may, in the case of an area served by a rural
telephone company, and shall, in the case of all other areas,
designate more than one common carrier as an eligible
telecommunications carrier for a service area designated by
the State commission, so long as each additional requesting
carrier meets the requirements of paragraph (1). Before
designating an additional eligible telecommunications carrier
for an area served by a rural telephone company, the State
commission shall find that the designation is in the public
interest.
[[Page 266]]
``(3) Designation of eligible telecommunications carriers
for unserved areas.--If no common carrier will provide the
services that are supported by Federal universal service
support mechanisms under section 254(c) to an unserved
community or any portion thereof that requests such service,
the Commission, with respect to interstate services, or a
State commission, with respect to intrastate services, shall
determine which common carrier or carriers are best able to
provide such service to the requesting unserved community or
portion thereof and shall order such carrier or carriers to
provide such service for that unserved community or portion
thereof. Any carrier or carriers ordered to provide such
service under this paragraph shall meet the requirements of
paragraph (1) and shall be designated as an eligible
telecommunications carrier for that community or portion
thereof.
``(4) Relinquishment of universal service.--A State
commission shall permit an eligible telecommunications
carrier to relinquish its designation as such a carrier in
any area served by more than one eligible telecommunications
carrier. An eligible telecommunications carrier that seeks to
relinquish its eligible telecommunications carrier
designation for an area served by more than one eligible
telecommunications carrier shall give advance notice to the
State commission of such relinquishment. Prior to permitting
a telecommunications carrier designated as an eligible
telecommunications carrier to cease providing universal
service in an area served by more than one eligible
telecommunications carrier, the State commission shall
require the remaining eligible telecommunications carrier or
carriers to ensure that all customers served by the
relinquishing carrier will continue to be served, and shall
require sufficient notice to permit the purchase or
construction of adequate facilities by any remaining eligible
telecommunications carrier. The State commission shall
establish a time, not to exceed one year after the State
commission approves such relinquishment under this paragraph,
within which such purchase or construction shall be
completed.
``(5) Service area defined.--The term `service area' means
a geographic area established by a State commission for the
purpose of determining universal service obligations and
support mechanisms. In the case of an area served by a rural
telephone company, `service area' means such company's `study
area' unless and until the Commission and the States, after
taking into account recommendations of a Federal-State Joint
Board instituted under section 410(c), establish a different
definition of service area for such company.''.
SEC. 103. EXEMPT TELECOMMUNICATIONS COMPANIES.
The Public Utility Holding Company Act of 1935 (15 U.S.C.
79 and following) is amended by redesignating sections 34 and
35 as sections 35 and 36, respectively, and by inserting the
following new section after section 33:
``SEC. 34. EXEMPT TELECOMMUNICATIONS COMPANIES.
``(a) Definitions.--For purposes of this section--
``(1) Exempt Telecommunications Company.--The term `exempt
telecommunications company' means any person determined by
the Federal Communications Commission to be engaged directly
or indirectly, wherever located, through one or more
affiliates (as defined in section 2(a)(11)(B)), and
exclusively in the business of providing---
``(A) telecommunications services;
``(B) information services;
``(C) other services or products subject to the
jurisdiction of the Federal Communications Commission; or
``(D) products or services that are related or incidental
to the provision of a product or service described in
subparagraph (A), (B), or (C).
No person shall be deemed to be an exempt telecommunications
company under this section unless such person has applied to
the Federal Communications Commission for a determination
under this paragraph. A person applying in good faith for
such a determination shall be deemed an exempt
telecommunications company under this section, with all of
the exemptions provided by this section, until the Federal
Communications Commission makes such determination. The
Federal Communications Commission shall make such
determination within 60 days of its receipt of any such
application filed after the enactment of this section and
shall notify the Commission whenever a determination is made
under this paragraph that any person is an exempt
telecommunications company. Not later than 12 months after
the date of enactment of this section, the Federal
Communications Commission shall promulgate rules implementing
the provisions of this paragraph which shall be applicable to
applications filed under this paragraph after the effective
date of such rules.
``(2) Other terms.--For purposes of this section, the terms
`telecommunications services' and `information services'
shall have the same meanings as provided in the
Communications Act of 1934.
``(b) State Consent for Sale of Existing Rate-Based
Facilities.--If a rate or charge for the sale of electric
energy or natural gas (other than any portion of a rate or
charge which represents recovery of the cost of a wholesale
rate or charge) for, or in connection with, assets of a
public utility company that is an associate company or
affiliate of a registered holding company was in effect under
the laws of any State as of December 19, 1995, the public
utility company owning such assets may not sell such assets
to an exempt telecommunications company that is an associate
company or affiliate unless State commissions having
jurisdiction over such public utility company approve such
sale. Nothing in this subsection shall preempt the otherwise
applicable authority of any State to approve or disapprove
the sale of such assets. The approval of the Commission under
this Act shall not be required for the sale of assets as
provided in this subsection.
``(c) Ownership of ETCS by Exempt Holding Companies.--
Notwithstanding any provision of this Act, a holding company
that is exempt under section 3 of this Act shall be
permitted, without condition or limitation under this Act, to
acquire and maintain an interest in the business of one or
more exempt telecommunications companies.
``(d) Ownership of ETCS by Registered Holding Companies.--
Notwithstanding any provision of this Act, a registered
holding company shall be permitted (without the need to apply
for, or receive, approval from the Commission, and otherwise
without condition under this Act) to acquire and hold the
securities, or an interest in the business, of one or more
exempt telecommunications companies.
``(e) Financing and Other Relationships Between ETCS and
Registered Holding Companies.--The relationship between an
exempt telecommunications company and a registered holding
company, its affiliates and associate companies, shall remain
subject to the jurisdiction of the Commission under this Act:
Provided, That--
``(1) section 11 of this Act shall not prohibit the
ownership of an interest in the business of one or more
exempt telecommunications companies by a registered holding
company (regardless of activities engaged in or where
facilities owned or operated by such exempt
telecommunications companies are located), and such ownership
by a registered holding company shall be deemed consistent
with the operation of an integrated public utility system;
``(2) the ownership of an interest in the business of one
or more exempt telecommunications companies by a registered
holding company (regardless of activities engaged in or where
facilities owned or operated by such exempt
telecommunications companies are located) shall be considered
as reasonably incidental, or economically necessary or
appropriate, to the operations of an integrated public
utility system;
``(3) the Commission shall have no jurisdiction under this
Act over, and there shall be no restriction or approval
required under this Act with respect to (A) the issue or sale
of a security by a registered holding company for purposes of
financing the acquisition of an exempt telecommunications
company, or (B) the guarantee of a security of an exempt
telecommunications company by a registered holding company;
and
``(4) except for costs that should be fairly and equitably
allocated among companies that are associate companies of a
registered holding company, the Commission shall have no
jurisdiction under this Act over the sales, service, and
construction contracts between an exempt telecommunications
company and a registered holding company, its affiliates and
associate companies.
``(f) Reporting Obligations Concerning Investments and
Activities of Registered Public-Utility Holding Company
Systems.--
``(1) Obligations to report information.--Any registered
holding company or subsidiary thereof that acquires or holds
the securities, or an interest in the business, of an exempt
telecommunications company shall file with the Commission
such information as the Commission, by rule, may prescribe
concerning--
``(A) investments and activities by the registered holding
company, or any subsidiary thereof, with respect to exempt
telecommunications companies, and
``(B) any activities of an exempt telecommunications
company within the holding company system,
that are reasonably likely to have a material impact on the
financial or operational condition of the holding company
system.
``(2) Authority to require additional information.--If,
based on reports provided to the Commission pursuant to
paragraph (1) of this subsection or other available
information, the Commission reasonably concludes that it has
concerns regarding the financial or operational condition of
any registered holding company or any subsidiary thereof
(including an exempt telecommunications company), the
Commission may require such registered holding company to
make additional reports and provide additional information.
``(3) Authority to limit disclosure of information.--
Notwithstanding any other provision of law, the Commission
shall not be compelled to disclose any information required
to be reported under this subsection. Nothing in this
subsection shall authorize the Commission to withhold the
information from Congress, or prevent the Commission from
complying with a request for information from any other
Federal or State department or agency requesting the
information for purposes within the scope of its
jurisdiction. For purposes of section 552 of title 5, United
States Code, this subsection shall be considered a statute
described in subsection (b)(3)(B) of such section 552.
``(g) Assumption of Liabilities.--Any public utility
company that is an associate com
[[Page 267]]
pany, or an affiliate, of a registered holding company and
that is subject to the jurisdiction of a State commission
with respect to its retail electric or gas rates shall not
issue any security for the purpose of financing the
acquisition, ownership, or operation of an exempt
telecommunications company. Any public utility company that
is an associate company, or an affiliate, of a registered
holding company and that is subject to the jurisdiction of a
State commission with respect to its retail electric or gas
rates shall not assume any obligation or liability as
guarantor, endorser, surety, or otherwise by the public
utility company in respect of any security of an exempt
telecommunications company.
``(h) Pledging or Mortgaging of Assets.--Any public utility
company that is an associate company, or affiliate, of a
registered holding company and that is subject to the
jurisdiction of a State commission with respect to its retail
electric or gas rates shall not pledge, mortgage, or
otherwise use as collateral any assets of the public utility
company or assets of any subsidiary company thereof for the
benefit of an exempt telecommunications company.
``(i) Protection Against Abusive Affiliate Transactions.--A
public utility company may enter into a contract to purchase
services or products described in subsection (a)(1) from an
exempt telecommunications company that is an affiliate or
associate company of the public utility company only if--
``(1) every State commission having jurisdiction over the
retail rates of such public utility company approves such
contract; or
``(2) such public utility company is not subject to State
commission retail rate regulation and the purchased services
or products--
``(A) would not be resold to any affiliate or associate
company; or
``(B) would be resold to an affiliate or associate company
and every State commission having jurisdiction over the
retail rates of such affiliate or associate company makes the
determination required by subparagraph (A).
The requirements of this subsection shall not apply in any
case in which the State or the State commission concerned
publishes a notice that the State or State commission waives
its authority under this subsection.
``(j) Nonpreemption of Rate Authority.--Nothing in this Act
shall preclude the Federal Energy Regulatory Commission or a
State commission from exercising its jurisdiction under
otherwise applicable law to determine whether a public
utility company may recover in rates the costs of products or
services purchased from or sold to an associate company or
affiliate that is an exempt telecommunications company,
regardless of whether such costs are incurred through the
direct or indirect purchase or sale of products or services
from such associate company or affiliate.
``(k) Reciprocal Arrangements Prohibited.--Reciprocal
arrangements among companies that are not affiliates or
associate companies of each other that are entered into in
order to avoid the provisions of this section are prohibited.
``(l) Books and Records.--(1) Upon written order of a State
commission, a State commission may examine the books,
accounts, memoranda, contracts, and records of--
``(A) a public utility company subject to its regulatory
authority under State law;
``(B) any exempt telecommunications company selling
products or services to such public utility company or to an
associate company of such public utility company; and
``(C) any associate company or affiliate of an exempt
telecommunications company which sells products or services
to a public utility company referred to in subparagraph (A),
wherever located, if such examination is required for the
effective discharge of the State commission's regulatory
responsibilities affecting the provision of electric or gas
service in connection with the activities of such exempt
telecommunications company.
``(2) Where a State commission issues an order pursuant to
paragraph (1), the State commission shall not publicly
disclose trade secrets or sensitive commercial information.
``(3) Any United States district court located in the State
in which the State commission referred to in paragraph (1) is
located shall have jurisdiction to enforce compliance with
this subsection.
``(4) Nothing in this section shall--
``(A) preempt applicable State law concerning the provision
of records and other information; or
``(B) in any way limit rights to obtain records and other
information under Federal law, contracts, or otherwise.
``(m) Independent Audit Authority for State Commissions.--
``(1) State may order audit.--Any State commission with
jurisdiction over a public utility company that--
``(A) is an associate company of a registered holding
company; and
``(B) transacts business, directly or indirectly, with a
subsidiary company, an affiliate or an associate company that
is an exempt telecommunications company,
may order an independent audit to be performed, no more
frequently than on an annual basis, of all matters deemed
relevant by the selected auditor that reasonably relate to
retail rates: Provided, That such matters relate, directly or
indirectly, to transactions or transfers between the public
utility company subject to its jurisdiction and such exempt
telecommunications company.
``(2) Selection of firm to conduct audit.--(A) If a State
commission orders an audit in accordance with paragraph (1),
the public utility company and the State commission shall
jointly select, within 60 days, a firm to perform the audit.
The firm selected to perform the audit shall possess
demonstrated qualifications relating to--
``(i) competency, including adequate technical training and
professional proficiency in each discipline necessary to
carry out the audit; and
``(ii) independence and objectivity, including that the
firm be free from personal or external impairments to
independence, and should assume an independent position with
the State commission and auditee, making certain that the
audit is based upon an impartial consideration of all
pertinent facts and responsible opinions.
``(B) The public utility company and the exempt
telecommunications company shall cooperate fully with all
reasonable requests necessary to perform the audit and the
public utility company shall bear all costs of having the
audit performed.
``(3) Availability of auditor's report.--The auditor's
report shall be provided to the State commission not later
than 6 months after the selection of the auditor, and
provided to the public utility company not later than 60 days
thereafter.
``(n) Applicability of Telecommunications Regulation.--
Nothing in this section shall affect the authority of the
Federal Communications Commission under the Communications
Act of 1934, or the authority of State commissions under
State laws concerning the provision of telecommunications
services, to regulate the activities of an exempt
telecommunications company.''.
SEC. 104. NONDISCRIMINATION PRINCIPLE.
Section 1 (47 U.S.C. 151) is amended by inserting after
``to all the people of the United States'' the following: ``,
without discrimination on the basis of race, color, religion,
national origin, or sex,''.
Subtitle B--Special Provisions Concerning Bell Operating Companies
SEC. 151. BELL OPERATING COMPANY PROVISIONS.
(a) Establishment of Part III of Title II.--Title II is
amended by adding at the end of part II (as added by section
101) the following new part:
``PART III--SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES
``SEC. 271. BELL OPERATING COMPANY ENTRY INTO INTERLATA
SERVICES.
``(a) General Limitation.--Neither a Bell operating
company, nor any affiliate of a Bell operating company, may
provide interLATA services except as provided in this
section.
``(b) InterLATA Services to Which This Section Applies.--
``(1) In-region services.--A Bell operating company, or any
affiliate of that Bell operating company, may provide
interLATA services originating in any of its in-region States
(as defined in subsection (i)) if the Commission approves the
application of such company for such State under subsection
(d)(3).
``(2) Out-of-region services.--A Bell operating company, or
any affiliate of that Bell operating company, may provide
interLATA services originating outside its in-region States
after the date of enactment of the Telecommunications Act of
1996, subject to subsection (j).
``(3) Incidental interlata services.--A Bell operating
company, or any affiliate of a Bell operating company, may
provide incidental interLATA services (as defined in
subsection (g)) originating in any State after the date of
enactment of the Telecommunications Act of 1996.
``(4) Termination.--Nothing in this section prohibits a
Bell operating company or any of its affiliates from
providing termination for interLATA services, subject to
subsection (j).
``(c) Requirements for Providing Certain In-Region
InterLATA Services.--
``(1) Agreement or statement.--A Bell operating company
meets the requirements of this paragraph if it meets the
requirements of subparagraph (A) or subparagraph (B) of this
paragraph for each State for which the authorization is
sought.
``(A) Presence of a facilities-based competitor.--A Bell
operating company meets the requirements of this subparagraph
if it has entered into one or more binding agreements that
have been approved under section 252 specifying the terms and
conditions under which the Bell operating company is
providing access and interconnection to its network
facilities for the network facilities of one or more
unaffiliated competing providers of telephone exchange
service (as defined in section 3(47)(A), but excluding
exchange access) to residential and business subscribers. For
the purpose of this subparagraph, such telephone exchange
service may be offered by such competing providers either
exclusively over their own telephone exchange service
facilities or predominantly over their own telephone exchange
service facilities in combination with the resale of the
telecommunications services of another carrier. For the
purpose of this subparagraph, services provided pursuant to
subpart K of part 22 of the Commission's regulations (47
C.F.R. 22.901 et seq.) shall not be considered to be
telephone exchange services.
``(B) Failure to request access.--A Bell operating company
meets the requirements of this subparagraph if, after 10
months after the date of enactment of the Telecommunications
Act of 1996, no such provider has re
[[Page 268]]
quested the access and interconnection described in
subparagraph (A) before the date which is 3 months before the
date the company makes its application under subsection
(d)(1), and a statement of the terms and conditions that the
company generally offers to provide such access and
interconnection has been approved or permitted to take effect
by the State commission under section 252(f). For purposes of
this subparagraph, a Bell operating company shall be
considered not to have received any request for access and
interconnection if the State commission of such State
certifies that the only provider or providers making such a
request have (i) failed to negotiate in good faith as
required by section 252, or (ii) violated the terms of an
agreement approved under section 252 by the provider's
failure to comply, within a reasonable period of time, with
the implementation schedule contained in such agreement.
``(2) Specific interconnection requirements.--
``(A) Agreement required.--A Bell operating company meets
the requirements of this paragraph if, within the State for
which the authorization is sought--
``(i)(I) such company is providing access and
interconnection pursuant to one or more agreements described
in paragraph (1)(A), or
``(II) such company is generally offering access and
interconnection pursuant to a statement described in
paragraph (1)(B), and
``(ii) such access and interconnection meets the
requirements of subparagraph (B) of this paragraph.
``(B) Competitive checklist.--Access or interconnection
provided or generally offered by a Bell operating company to
other telecommunications carriers meets the requirements of
this subparagraph if such access and interconnection includes
each of the following:
``(i) Interconnection in accordance with the requirements
of sections 251(c)(2) and 252(d)(1).
``(ii) Nondiscriminatory access to network elements in
accordance with the requirements of sections 251(c)(3) and
252(d)(1).
``(iii) Nondiscriminatory access to the poles, ducts,
conduits, and rights-of-way owned or controlled by the Bell
operating company at just and reasonable rates in accordance
with the requirements of section 224.
``(iv) Local loop transmission from the central office to
the customer's premises, unbundled from local switching or
other services.
``(v) Local transport from the trunk side of a wireline
local exchange carrier switch unbundled from switching or
other services.
``(vi) Local switching unbundled from transport, local loop
transmission, or other services.
``(vii) Nondiscriminatory access to--
``(I) 911 and E911 services;
``(II) directory assistance services to allow the other
carrier's customers to obtain telephone numbers; and
``(III) operator call completion services.
``(viii) White pages directory listings for customers of
the other carrier's telephone exchange service.
``(ix) Until the date by which telecommunications numbering
administration guidelines, plan, or rules are established,
nondiscriminatory access to telephone numbers for assignment
to the other carrier's telephone exchange service customers.
After that date, compliance with such guidelines, plan, or
rules.
``(x) Nondiscriminatory access to databases and associated
signaling necessary for call routing and completion.
``(xi) Until the date by which the Commission issues
regulations pursuant to section 251 to require number
portability, interim telecommunications number portability
through remote call forwarding, direct inward dialing trunks,
or other comparable arrangements, with as little impairment
of functioning, quality, reliability, and convenience as
possible. After that date, full compliance with such
regulations.
``(xii) Nondiscriminatory access to such services or
information as are necessary to allow the requesting carrier
to implement local dialing parity in accordance with the
requirements of section 251(b)(3).
``(xiii) Reciprocal compensation arrangements in accordance
with the requirements of section 252(d)(2).
``(xiv) Telecommunications services are available for
resale in accordance with the requirements of sections
251(c)(4) and 252(d)(3).
``(d) Administrative Provisions.--
``(1) Application to commission.--On and after the date of
enactment of the Telecommunications Act of 1996, a Bell
operating company or its affiliate may apply to the
Commission for authorization to provide interLATA services
originating in any in-region State. The application shall
identify each State for which the authorization is sought.
``(2) Consultation.--
``(A) Consultation with the attorney general.--The
Commission shall notify the Attorney General promptly of any
application under paragraph (1). Before making any
determination under this subsection, the Commission shall
consult with the Attorney General, and if the Attorney
General submits any comments in writing, such comments shall
be included in the record of the Commission's decision. In
consulting with and submitting comments to the Commission
under this paragraph, the Attorney General shall provide to
the Commission an evaluation of the application using any
standard the Attorney General considers appropriate. The
Commission shall give substantial weight to the Attorney
General's evaluation, but such evaluation shall not have any
preclusive effect on any Commission decision under paragraph
(3).
``(B) Consultation with state commissions.--Before making
any determination under this subsection, the Commission shall
consult with the State commission of any State that is the
subject of the application in order to verify the compliance
of the Bell operating company with the requirements of
subsection (c).
``(3) Determination.--Not later than 90 days after
receiving an application under paragraph (1), the Commission
shall issue a written determination approving or denying the
authorization requested in the application for each State.
The Commission shall not approve the authorization requested
in an application submitted under paragraph (1) unless it
finds that--
``(A) the petitioning Bell operating company has met the
requirements of subsection (c)(1) and--
``(i) with respect to access and interconnection provided
pursuant to subsection (c)(1)(A), has fully implemented the
competitive checklist in subsection (c)(2)(B); or
``(ii) with respect to access and interconnection generally
offered pursuant to a statement under subsection (c)(1)(B),
such statement offers all of the items included in the
competitive checklist in subsection (c)(2)(B);
``(B) the requested authorization will be carried out in
accordance with the requirements of section 272; and
``(C) the requested authorization is consistent with the
public interest, convenience, and necessity.
The Commission shall state the basis for its approval or
denial of the application.
``(4) Limitation on commission.--The Commission may not, by
rule or otherwise, limit or extend the terms used in the
competitive checklist set forth in subsection (c)(2)(B).
``(5) Publication.--Not later than 10 days after issuing a
determination under paragraph (3), the Commission shall
publish in the Federal Register a brief description of the
determination.
``(6) Enforcement of conditions.--
``(A) Commission authority.--If at any time after the
approval of an application under paragraph (3), the
Commission determines that a Bell operating company has
ceased to meet any of the conditions required for such
approval, the Commission may, after notice and opportunity
for a hearing--
``(i) issue an order to such company to correct the
deficiency;
``(ii) impose a penalty on such company pursuant to title
V; or
``(iii) suspend or revoke such approval.
``(B) Receipt and review of complaints.--The Commission
shall establish procedures for the review of complaints
concerning failures by Bell operating companies to meet
conditions required for approval under paragraph (3). Unless
the parties otherwise agree, the Commission shall act on such
complaint within 90 days.
``(e) Limitations.--
``(1) Joint marketing of local and long distance
services.--Until a Bell operating company is authorized
pursuant to subsection (d) to provide interLATA services in
an in-region State, or until 36 months have passed since the
date of enactment of the Telecommunications Act of 1996,
whichever is earlier, a telecommunications carrier that
serves greater than 5 percent of the Nation's presubscribed
access lines may not jointly market in such State telephone
exchange service obtained from such company pursuant to
section 251(c)(4) with interLATA services offered by that
telecommunications carrier.
``(2) IntraLATA toll dialing parity.--
``(A) Provision required.--A Bell operating company granted
authority to provide interLATA services under subsection (d)
shall provide intraLATA toll dialing parity throughout that
State coincident with its exercise of that authority.
``(B) Limitation.--Except for single-LATA States and States
that have issued an order by December 19, 1995, requiring a
Bell operating company to implement intraLATA toll dialing
parity, a State may not require a Bell operating company to
implement intraLATA toll dialing parity in that State before
a Bell operating company has been granted authority under
this section to provide interLATA services originating in
that State or before 3 years after the date of enactment of
the Telecommunications Act of 1996, whichever is earlier.
Nothing in this subparagraph precludes a State from issuing
an order requiring intraLATA toll dialing parity in that
State prior to either such date so long as such order does
not take effect until after the earlier of either such dates.
``(f) Exception for Previously Authorized Activities.--
Neither subsection (a) nor section 273 shall prohibit a Bell
operating company or affiliate from engaging, at any time
after the date of enactment of the Telecommunications Act of
1996, in any activity to the extent authorized by, and
subject to the terms and conditions contained in, an order
entered by the United States District Court for the District
of Columbia pursuant to section VII or VIII(C) of the AT&T
Consent Decree if such order was entered on or before such
date of enactment, to the extent such order is not reversed
or vacated on appeal. Nothing in this subsection shall be
construed to limit, or to impose terms or conditions on, an
activity in which a Bell operating company is otherwise
authorized to en
[[Page 269]]
gage under any other provision of this section.
``(g) Definition of Incidental InterLATA Services.--For
purposes of this section, the term `incidental interLATA
services' means the interLATA provision by a Bell operating
company or its affiliate--
``(1)(A) of audio programming, video programming, or other
programming services to subscribers to such services of such
company or affiliate;
``(B) of the capability for interaction by such subscribers
to select or respond to such audio programming, video
programming, or other programming services;
``(C) to distributors of audio programming or video
programming that such company or affiliate owns or controls,
or is licensed by the copyright owner of such programming (or
by an assignee of such owner) to distribute; or
``(D) of alarm monitoring services;
``(2) of two-way interactive video services or Internet
services over dedicated facilities to or for elementary and
secondary schools as defined in section 254(h)(5);
``(3) of commercial mobile services in accordance with
section 332(c) of this Act and with the regulations
prescribed by the Commission pursuant to paragraph (8) of
such section;
``(4) of a service that permits a customer that is located
in one LATA to retrieve stored information from, or file
information for storage in, information storage facilities of
such company that are located in another LATA;
``(5) of signaling information used in connection with the
provision of telephone exchange services or exchange access
by a local exchange carrier; or
``(6) of network control signaling information to, and
receipt of such signaling information from, common carriers
offering interLATA services at any location within the area
in which such Bell operating company provides telephone
exchange services or exchange access.
``(h) Limitations.--The provisions of subsection (g) are
intended to be narrowly construed. The interLATA services
provided under subparagraph (A), (B), or (C) of subsection
(g)(1) are limited to those interLATA transmissions
incidental to the provision by a Bell operating company or
its affiliate of video, audio, and other programming services
that the company or its affiliate is engaged in providing to
the public. The Commission shall ensure that the provision of
services authorized under subsection (g) by a Bell operating
company or its affiliate will not adversely affect telephone
exchange service ratepayers or competition in any
telecommunications market.
``(i) Additional Definitions.--As used in this section--
``(1) In-region state.--The term `in-region State' means a
State in which a Bell operating company or any of its
affiliates was authorized to provide wireline telephone
exchange service pursuant to the reorganization plan approved
under the AT&T Consent Decree, as in effect on the day before
the date of enactment of the Telecommunications Act of 1996.
``(2) Audio programming services.--The term `audio
programming services' means programming provided by, or
generally considered to be comparable to programming provided
by, a radio broadcast station.
``(3) Video programming services; other programming
services.--The terms `video programming service' and `other
programming services' have the same meanings as such terms
have under section 602 of this Act.
``(j) Certain Service Applications Treated as In-Region
Service Applications.--For purposes of this section, a Bell
operating company application to provide 800 service, private
line service, or their equivalents that--
``(1) terminate in an in-region State of that Bell
operating company, and
``(2) allow the called party to determine the interLATA
carrier,
shall be considered an in-region service subject to the
requirements of subsection (b)(1).
``SEC. 272. SEPARATE AFFILIATE; SAFEGUARDS.
``(a) Separate Affiliate Required for Competitive
Activities.--
``(1) In general.--A Bell operating company (including any
affiliate) which is a local exchange carrier that is subject
to the requirements of section 251(c) may not provide any
service described in paragraph (2) unless it provides that
service through one or more affiliates that--
``(A) are separate from any operating company entity that
is subject to the requirements of section 251(c); and
``(B) meet the requirements of subsection (b).
``(2) Services for which a separate affiliate is
required.--The services for which a separate affiliate is
required by paragraph (1) are:
``(A) Manufacturing activities (as defined in section
273(h)).
``(B) Origination of interLATA telecommunications services,
other than--
``(i) incidental interLATA services described in paragraphs
(1), (2), (3), (5), and (6) of section 271(g);
``(ii) out-of-region services described in section
271(b)(2); or
``(iii) previously authorized activities described in
section 271(f).
``(C) InterLATA information services, other than electronic
publishing (as defined in section 274(h)) and alarm
monitoring services (as defined in section 275(e)).
``(b) Structural and Transactional Requirements.--The
separate affiliate required by this section--
``(1) shall operate independently from the Bell operating
company;
``(2) shall maintain books, records, and accounts in the
manner prescribed by the Commission which shall be separate
from the books, records, and accounts maintained by the Bell
operating company of which it is an affiliate;
``(3) shall have separate officers, directors, and
employees from the Bell operating company of which it is an
affiliate;
``(4) may not obtain credit under any arrangement that
would permit a creditor, upon default, to have recourse to
the assets of the Bell operating company; and
``(5) shall conduct all transactions with the Bell
operating company of which it is an affiliate on an arm's
length basis with any such transactions reduced to writing
and available for public inspection.
``(c) Nondiscrimination Safeguards.--In its dealings with
its affiliate described in subsection (a), a Bell operating
company--
``(1) may not discriminate between that company or
affiliate and any other entity in the provision or
procurement of goods, services, facilities, and information,
or in the establishment of standards; and
``(2) shall account for all transactions with an affiliate
described in subsection (a) in accordance with accounting
principles designated or approved by the Commission.
``(d) Biennial Audit.--
``(1) General requirement.--A company required to operate a
separate affiliate under this section shall obtain and pay
for a joint Federal/State audit every 2 years conducted by an
independent auditor to determine whether such company has
complied with this section and the regulations promulgated
under this section, and particularly whether such company has
complied with the separate accounting requirements under
subsection (b).
``(2) Results submitted to commission; state commissions.--
The auditor described in paragraph (1) shall submit the
results of the audit to the Commission and to the State
commission of each State in which the company audited
provides service, which shall make such results available for
public inspection. Any party may submit comments on the final
audit report.
``(3) Access to documents.--For purposes of conducting
audits and reviews under this subsection--
``(A) the independent auditor, the Commission, and the
State commission shall have access to the financial accounts
and records of each company and of its affiliates necessary
to verify transactions conducted with that company that are
relevant to the specific activities permitted under this
section and that are necessary for the regulation of rates;
``(B) the Commission and the State commission shall have
access to the working papers and supporting materials of any
auditor who performs an audit under this section; and
``(C) the State commission shall implement appropriate
procedures to ensure the protection of any proprietary
information submitted to it under this section.
``(e) Fulfillment of Certain Requests.--A Bell operating
company and an affiliate that is subject to the requirements
of section 251(c)--
``(1) shall fulfill any requests from an unaffiliated
entity for telephone exchange service and exchange access
within a period no longer than the period in which it
provides such telephone exchange service and exchange access
to itself or to its affiliates;
``(2) shall not provide any facilities, services, or
information concerning its provision of exchange access to
the affiliate described in subsection (a) unless such
facilities, services, or information are made available to
other providers of interLATA services in that market on the
same terms and conditions;
``(3) shall charge the affiliate described in subsection
(a), or impute to itself (if using the access for its
provision of its own services), an amount for access to its
telephone exchange service and exchange access that is no
less than the amount charged to any unaffiliated
interexchange carriers for such service; and
``(4) may provide any interLATA or intraLATA facilities or
services to its interLATA affiliate if such services or
facilities are made available to all carriers at the same
rates and on the same terms and conditions, and so long as
the costs are appropriately allocated.
``(f) Sunset.--
``(1) Manufacturing and long distance.--The provisions of
this section (other than subsection (e)) shall cease to apply
with respect to the manufacturing activities or the interLATA
telecommunications services of a Bell operating company 3
years after the date such Bell operating company or any Bell
operating company affiliate is authorized to provide
interLATA telecommunications services under section 271(d),
unless the Commission extends such 3-year period by rule or
order.
``(2) InterLATA information services.--The provisions of
this section (other than subsection (e)) shall cease to apply
with respect to the interLATA information services of a Bell
operating company 4 years after the date of enactment of the
Telecommunications Act of 1996, unless the Commission extends
such 4-year period by rule or order.
``(3) Preservation of existing authority.--Nothing in this
subsection shall be construed to limit the authority of the
Commis
[[Page 270]]
sion under any other section of this Act to prescribe
safeguards consistent with the public interest, convenience,
and necessity.
``(g) Joint Marketing.--
``(1) Affiliate sales of telephone exchange services.--A
Bell operating company affiliate required by this section may
not market or sell telephone exchange services provided by
the Bell operating company unless that company permits other
entities offering the same or similar service to market and
sell its telephone exchange services.
``(2) Bell operating company sales of affiliate services.--
A Bell operating company may not market or sell interLATA
service provided by an affiliate required by this section
within any of its in-region States until such company is
authorized to provide interLATA services in such State under
section 271(d).
``(3) Rule of construction.--The joint marketing and sale
of services permitted under this subsection shall not be
considered to violate the nondiscrimination provisions of
subsection (c).
``(h) Transition.--With respect to any activity in which a
Bell operating company is engaged on the date of enactment of
the Telecommunications Act of 1996, such company shall have
one year from such date of enactment to comply with the
requirements of this section.
``SEC. 273. MANUFACTURING BY BELL OPERATING COMPANIES.
``(a) Authorization.--A Bell operating company may
manufacture and provide telecommunications equipment, and
manufacture customer premises equipment, if the Commission
authorizes that Bell operating company or any Bell operating
company affiliate to provide interLATA services under section
271(d), subject to the requirements of this section and the
regulations prescribed thereunder, except that neither a Bell
operating company nor any of its affiliates may engage in
such manufacturing in conjunction with a Bell operating
company not so affiliated or any of its affiliates.
``(b) Collaboration; Research and Royalty Agreements.--
``(1) Collaboration.--Subsection (a) shall not prohibit a
Bell operating company from engaging in close collaboration
with any manufacturer of customer premises equipment or
telecommunications equipment during the design and
development of hardware, software, or combinations thereof
related to such equipment.
``(2) Certain research arrangements; royalty agreements.--
Subsection (a) shall not prohibit a Bell operating company
from--
``(A) engaging in research activities related to
manufacturing, and
``(B) entering into royalty agreements with manufacturers
of telecommunications equipment.
``(c) Information Requirements.--
``(1) Information on protocols and technical
requirements.--Each Bell operating company shall, in
accordance with regulations prescribed by the Commission,
maintain and file with the Commission full and complete
information with respect to the protocols and technical
requirements for connection with and use of its telephone
exchange service facilities. Each such company shall report
promptly to the Commission any material changes or planned
changes to such protocols and requirements, and the schedule
for implementation of such changes or planned changes.
``(2) Disclosure of information.--A Bell operating company
shall not disclose any information required to be filed under
paragraph (1) unless that information has been filed
promptly, as required by regulation by the Commission.
``(3) Access by competitors to information.--The Commission
may prescribe such additional regulations under this
subsection as may be necessary to ensure that manufacturers
have access to the information with respect to the protocols
and technical requirements for connection with and use of
telephone exchange service facilities that a Bell operating
company makes available to any manufacturing affiliate or any
unaffiliated manufacturer.
``(4) Planning information.--Each Bell operating company
shall provide, to interconnecting carriers providing
telephone exchange service, timely information on the planned
deployment of telecommunications equipment.
``(d) Manufacturing Limitations for Standard-Setting
Organizations.--
``(1) Application to bell communications research or
manufacturers.--Bell Communications Research, Inc., or any
successor entity or affiliate--
``(A) shall not be considered a Bell operating company or a
successor or assign of a Bell operating company at such time
as it is no longer an affiliate of any Bell operating
company; and
``(B) notwithstanding paragraph (3), shall not engage in
manufacturing telecommunications equipment or customer
premises equipment as long as it is an affiliate of more than
1 otherwise unaffiliated Bell operating company or successor
or assign of any such company.
Nothing in this subsection prohibits Bell Communications
Research, Inc., or any successor entity, from engaging in any
activity in which it is lawfully engaged on the date of
enactment of the Telecommunications Act of 1996. Nothing
provided in this subsection shall render Bell Communications
Research, Inc., or any successor entity, a common carrier
under title II of this Act. Nothing in this subsection
restricts any manufacturer from engaging in any activity in
which it is lawfully engaged on the date of enactment of the
Telecommunications Act of 1996.
``(2) Proprietary information.--Any entity which
establishes standards for telecommunications equipment or
customer premises equipment, or generic network requirements
for such equipment, or certifies telecommunications equipment
or customer premises equipment, shall be prohibited from
releasing or otherwise using any proprietary information,
designated as such by its owner, in its possession as a
result of such activity, for any purpose other than purposes
authorized in writing by the owner of such information, even
after such entity ceases to be so engaged.
``(3) Manufacturing safeguards.--(A) Except as prohibited
in paragraph (1), and subject to paragraph (6), any entity
which certifies telecommunications equipment or customer
premises equipment manufactured by an unaffiliated entity
shall only manufacture a particular class of
telecommunications equipment or customer premises equipment
for which it is undertaking or has undertaken, during the
previous 18 months, certification activity for such class of
equipment through a separate affiliate.
``(B) Such separate affiliate shall--
``(i) maintain books, records, and accounts separate from
those of the entity that certifies such equipment, consistent
with generally acceptable accounting principles;
``(ii) not engage in any joint manufacturing activities
with such entity; and
``(iii) have segregated facilities and separate employees
with such entity.
``(C) Such entity that certifies such equipment shall--
``(i) not discriminate in favor of its manufacturing
affiliate in the establishment of standards, generic
requirements, or product certification;
``(ii) not disclose to the manufacturing affiliate any
proprietary information that has been received at any time
from an unaffiliated manufacturer, unless authorized in
writing by the owner of the information; and
``(iii) not permit any employee engaged in product
certification for telecommunications equipment or customer
premises equipment to engage jointly in sales or marketing of
any such equipment with the affiliated manufacturer.
``(4) Standard-setting entities.--Any entity that is not an
accredited standards development organization and that
establishes industry-wide standards for telecommunications
equipment or customer premises equipment, or industry-wide
generic network requirements for such equipment, or that
certifies telecommunications equipment or customer premises
equipment manufactured by an unaffiliated entity, shall--
``(A) establish and publish any industry-wide standard for,
industry-wide generic requirement for, or any substantial
modification of an existing industry-wide standard or
industry-wide generic requirement for, telecommunications
equipment or customer premises equipment only in compliance
with the following procedure:
``(i) such entity shall issue a public notice of its
consideration of a proposed industry-wide standard or
industry-wide generic requirement;
``(ii) such entity shall issue a public invitation to
interested industry parties to fund and participate in such
efforts on a reasonable and nondiscriminatory basis,
administered in such a manner as not to unreasonably exclude
any interested industry party;
``(iii) such entity shall publish a text for comment by
such parties as have agreed to participate in the process
pursuant to clause (ii), provide such parties a full
opportunity to submit comments, and respond to comments from
such parties;
``(iv) such entity shall publish a final text of the
industry-wide standard or industry-wide generic requirement,
including the comments in their entirety, of any funding
party which requests to have its comments so published; and
``(v) such entity shall attempt, prior to publishing a text
for comment, to agree with the funding parties as a group on
a mutually satisfactory dispute resolution process which such
parties shall utilize as their sole recourse in the event of
a dispute on technical issues as to which there is
disagreement between any funding party and the entity
conducting such activities, except that if no dispute
resolution process is agreed to by all the parties, a funding
party may utilize the dispute resolution procedures
established pursuant to paragraph (5) of this subsection;
``(B) engage in product certification for
telecommunications equipment or customer premises equipment
manufactured by unaffiliated entities only if--
``(i) such activity is performed pursuant to published
criteria;
``(ii) such activity is performed pursuant to auditable
criteria; and
``(iii) such activity is performed pursuant to available
industry-accepted testing methods and standards, where
applicable, unless otherwise agreed upon by the parties
funding and performing such activity;
``(C) not undertake any actions to monopolize or attempt to
monopolize the market for such services; and
``(D) not preferentially treat its own telecommunications
equipment or customer premises equipment, or that of its
affiliate, over that of any other entity in establishing and
publishing industry-wide standards or industry-wide generic
requirements for, and in certification of, telecommunications
equipment and customer premises equipment.
[[Page 271]]
``(5) Alternate dispute resolution.--Within 90 days after
the date of enactment of the Telecommunications Act of 1996,
the Commission shall prescribe a dispute resolution process
to be utilized in the event that a dispute resolution process
is not agreed upon by all the parties when establishing and
publishing any industry-wide standard or industry-wide
generic requirement for telecommunications equipment or
customer premises equipment, pursuant to paragraph (4)(A)(v).
The Commission shall not establish itself as a party to the
dispute resolution process. Such dispute resolution process
shall permit any funding party to resolve a dispute with the
entity conducting the activity that significantly affects
such funding party's interests, in an open,
nondiscriminatory, and unbiased fashion, within 30 days after
the filing of such dispute. Such disputes may be filed within
15 days after the date the funding party receives a response
to its comments from the entity conducting the activity. The
Commission shall establish penalties to be assessed for
delays caused by referral of frivolous disputes to the
dispute resolution process.
``(6) Sunset.--The requirements of paragraphs (3) and (4)
shall terminate for the particular relevant activity when the
Commission determines that there are alternative sources of
industry-wide standards, industry-wide generic requirements,
or product certification for a particular class of
telecommunications equipment or customer premises equipment
available in the United States. Alternative sources shall be
deemed to exist when such sources provide commercially viable
alternatives that are providing such services to customers.
The Commission shall act on any application for such a
determination within 90 days after receipt of such
application, and shall receive public comment on such
application.
``(7) Administration and enforcement authority.--For the
purposes of administering this subsection and the regulations
prescribed thereunder, the Commission shall have the same
remedial authority as the Commission has in administering and
enforcing the provisions of this title with respect to any
common carrier subject to this Act.
``(8) Definitions.--For purposes of this subsection:
``(A) The term `affiliate' shall have the same meaning as
in section 3 of this Act, except that, for purposes of
paragraph (1)(B)--
``(i) an aggregate voting equity interest in Bell
Communications Research, Inc., of at least 5 percent of its
total voting equity, owned directly or indirectly by more
than 1 otherwise unaffiliated Bell operating company, shall
constitute an affiliate relationship; and
``(ii) a voting equity interest in Bell Communications
Research, Inc., by any otherwise unaffiliated Bell operating
company of less than 1 percent of Bell Communications
Research's total voting equity shall not be considered to be
an equity interest under this paragraph.
``(B) The term `generic requirement' means a description of
acceptable product attributes for use by local exchange
carriers in establishing product specifications for the
purchase of telecommunications equipment, customer premises
equipment, and software integral thereto.
``(C) The term `industry-wide' means activities funded by
or performed on behalf of local exchange carriers for use in
providing wireline telephone exchange service whose combined
total of deployed access lines in the United States
constitutes at least 30 percent of all access lines deployed
by telecommunications carriers in the United States as of the
date of enactment of the Telecommunications Act of 1996.
``(D) The term `certification' means any technical process
whereby a party determines whether a product, for use by more
than one local exchange carrier, conforms with the specified
requirements pertaining to such product.
``(E) The term `accredited standards development
organization' means an entity composed of industry members
which has been accredited by an institution vested with the
responsibility for standards accreditation by the industry.
``(e) Bell Operating Company Equipment Procurement and
Sales.--
``(1) Nondiscrimination standards for manufacturing.--In
the procurement or awarding of supply contracts for
telecommunications equipment, a Bell operating company, or
any entity acting on its behalf, for the duration of the
requirement for a separate subsidiary including manufacturing
under this Act--
``(A) shall consider such equipment, produced or supplied
by unrelated persons; and
``(B) may not discriminate in favor of equipment produced
or supplied by an affiliate or related person.
``(2) Procurement standards.--Each Bell operating company
or any entity acting on its behalf shall make procurement
decisions and award all supply contracts for equipment,
services, and software on the basis of an objective
assessment of price, qualify, delivery, and other commercial
factors.
``(3) Network planning and design.--A Bell operating
company shall, to the extent consistent with the antitrust
laws, engage in joint network planning and design with local
exchange carriers operating in the same area of interest. No
participant in such planning shall be allowed to delay the
introduction of new technology or the deployment of
facilities to provide telecommunications services, and
agreement with such other carriers shall not be required as a
prerequisite for such introduction or deployment.
``(4) Sales restrictions.--Neither a Bell operating company
engaged in manufacturing nor a manufacturing affiliate of
such a company shall restrict sales to any local exchange
carrier of telecommunications equipment, including software
integral to the operation of such equipment and related
upgrades.
``(5) Protection of proprietary information.--A Bell
operating company and any entity it owns or otherwise
controls shall protect the proprietary information submitted
for procurement decisions from release not specifically
authorized by the owner of such information.
``(f) Administration and Enforcement Authority.--For the
purposes of administering and enforcing the provisions of
this section and the regulations prescribed thereunder, the
Commission shall have the same authority, power, and
functions with respect to any Bell operating company or any
affiliate thereof as the Commission has in administering and
enforcing the provisions of this title with respect to any
common carrier subject to this Act.
``(g) Additional Rules and Regulations.--The Commission may
prescribe such additional rules and regulations as the
Commission determines are necessary to carry out the
provisions of this section, and otherwise to prevent
discrimination and cross-subsidization in a Bell operating
company's dealings with its affiliate and with third parties.
``(h) Definition.--As used in this section, the term
`manufacturing' has the same meaning as such term has under
the AT&T Consent Decree.
``SEC. 274. ELECTRONIC PUBLISHING BY BELL OPERATING
COMPANIES.
``(a) Limitations.--No Bell operating company or any
affiliate may engage in the provision of electronic
publishing that is disseminated by means of such Bell
operating company's or any of its affiliates' basic telephone
service, except that nothing in this section shall prohibit a
separated affiliate or electronic publishing joint venture
operated in accordance with this section from engaging in the
provision of electronic publishing.
``(b) Separated Affiliate or Electronic Publishing Joint
Venture Requirements.--A separated affiliate or electronic
publishing joint venture shall be operated independently from
the Bell operating company. Such separated affiliate or joint
venture and the Bell operating company with which it is
affiliated shall--
``(1) maintain separate books, records, and accounts and
prepare separate financial statements;
``(2) not incur debt in a manner that would permit a
creditor of the separated affiliate or joint venture upon
default to have recourse to the assets of the Bell operating
company;
``(3) carry out transactions (A) in a manner consistent
with such independence, (B) pursuant to written contracts or
tariffs that are filed with the Commission and made publicly
available, and (C) in a manner that is auditable in
accordance with generally accepted auditing standards;
``(4) value any assets that are transferred directly or
indirectly from the Bell operating company to a separated
affiliate or joint venture, and record any transactions by
which such assets are transferred, in accordance with such
regulations as may be prescribed by the Commission or a State
commission to prevent improper cross subsidies;
``(5) between a separated affiliate and a Bell operating
company--
``(A) have no officers, directors, and employees in common
after the effective date of this section; and
``(B) own no property in common;
``(6) not use for the marketing of any product or service
of the separated affiliate or joint venture, the name,
trademarks, or service marks of an existing Bell operating
company except for names, trademarks, or service marks that
are owned by the entity that owns or controls the Bell
operating company;
``(7) not permit the Bell operating company--
``(A) to perform hiring or training of personnel on behalf
of a separated affiliate;
``(B) to perform the purchasing, installation, or
maintenance of equipment on behalf of a separated affiliate,
except for telephone service that it provides under tariff or
contract subject to the provisions of this section; or
``(C) to perform research and development on behalf of a
separated affiliate;
``(8) each have performed annually a compliance review--
``(A) that is conducted by an independent entity for the
purpose of determining compliance during the preceding
calendar year with any provision of this section; and
``(B) the results of which are maintained by the separated
affiliate or joint venture and the Bell operating company for
a period of 5 years subject to review by any lawful
authority; and
``(9) within 90 days of receiving a review described in
paragraph (8), file a report of any exceptions and corrective
action with the Commission and allow any person to inspect
and copy such report subject to reasonable safeguards to
protect any proprietary information contained in such report
from being used for purposes other than to enforce or pursue
remedies under this section.
``(c) Joint Marketing.--
``(1) In general.--Except as provided in paragraph (2)--
[[Page 272]]
``(A) a Bell operating company shall not carry out any
promotion, marketing, sales, or advertising for or in
conjunction with a separated affiliate; and
``(B) a Bell operating company shall not carry out any
promotion, marketing, sales, or advertising for or in
conjunction with an affiliate that is related to the
provision of electronic publishing.
``(2) Permissible joint activities.--
``(A) Joint telemarketing.--A Bell operating company may
provide inbound telemarketing or referral services related to
the provision of electronic publishing for a separated
affiliate, electronic publishing joint venture, affiliate, or
unaffiliated electronic publisher, provided that if such
services are provided to a separated affiliate, electronic
publishing joint venture, or affiliate, such services shall
be made available to all electronic publishers on request, on
nondiscriminatory terms.
``(B) Teaming arrangements.--A Bell operating company may
engage in nondiscriminatory teaming or business arrangements
to engage in electronic publishing with any separated
affiliate or with any other electronic publisher if (i) the
Bell operating company only provides facilities, services,
and basic telephone service information as authorized by this
section, and (ii) the Bell operating company does not own
such teaming or business arrangement.
``(C) Electronic publishing joint ventures.--A Bell
operating company or affiliate may participate on a
nonexclusive basis in electronic publishing joint ventures
with entities that are not a Bell operating company,
affiliate, or separated affiliate to provide electronic
publishing services, if the Bell operating company or
affiliate has not more than a 50 percent direct or indirect
equity interest (or the equivalent thereof) or the right to
more than 50 percent of the gross revenues under a revenue
sharing or royalty agreement in any electronic publishing
joint venture. Officers and employees of a Bell operating
company or affiliate participating in an electronic
publishing joint venture may not have more than 50 percent of
the voting control over the electronic publishing joint
venture. In the case of joint ventures with small, local
electronic publishers, the Commission for good cause shown
may authorize the Bell operating company or affiliate to have
a larger equity interest, revenue share, or voting control
but not to exceed 80 percent. A Bell operating company
participating in an electronic publishing joint venture may
provide promotion, marketing, sales, or advertising personnel
and services to such joint venture.
``(d) Bell Operating Company Requirement.--A Bell operating
company under common ownership or control with a separated
affiliate or electronic publishing joint venture shall
provide network access and interconnections for basic
telephone service to electronic publishers at just and
reasonable rates that are tariffed (so long as rates for such
services are subject to regulation) and that are not higher
on a per-unit basis than those charged for such services to
any other electronic publisher or any separated affiliate
engaged in electronic publishing.
``(e) Private Right of Action.--
``(1) Damages.--Any person claiming that any act or
practice of any Bell operating company, affiliate, or
separated affiliate constitutes a violation of this section
may file a complaint with the Commission or bring suit as
provided in section 207 of this Act, and such Bell operating
company, affiliate, or separated affiliate shall be liable as
provided in section 206 of this Act; except that damages may
not be awarded for a violation that is discovered by a
compliance review as required by subsection (b)(7) of this
section and corrected within 90 days.
``(2) Cease and desist orders.--In addition to the
provisions of paragraph (1), any person claiming that any act
or practice of any Bell operating company, affiliate, or
separated affiliate constitutes a violation of this section
may make application to the Commission for an order to cease
and desist such violation or may make application in any
district court of the United States of competent jurisdiction
for an order enjoining such acts or practices or for an order
compelling compliance with such requirement.
``(f) Separated Affiliate Reporting Requirement.--Any
separated affiliate under this section shall file with the
Commission annual reports in a form substantially equivalent
to the Form 10-K required by regulations of the Securities
and Exchange Commission.
``(g) Effective Dates.--
``(1) Transition.--Any electronic publishing service being
offered to the public by a Bell operating company or
affiliate on the date of enactment of the Telecommunications
Act of 1996 shall have one year from such date of enactment
to comply with the requirements of this section.
``(2) Sunset.--The provisions of this section shall not
apply to conduct occurring after 4 years after the date of
enactment of the Telecommunications Act of 1996.
``(h) Definition of Electronic Publishing.--
``(1) In general.--The term `electronic publishing' means
the dissemination, provision, publication, or sale to an
unaffiliated entity or person, of any one or more of the
following: news (including sports); entertainment (other than
interactive games); business, financial, legal, consumer, or
credit materials; editorials, columns, or features;
advertising; photos or images; archival or research material;
legal notices or public records; scientific, educational,
instructional, technical, professional, trade, or other
literary materials; or other like or similar information.
``(2) Exceptions.--The term `electronic publishing' shall
not include the following services:
``(A) Information access, as that term is defined by the
AT&T Consent Decree.
``(B) The transmission of information as a common carrier.
``(C) The transmission of information as part of a gateway
to an information service that does not involve the
generation or alteration of the content of information,
including data transmission, address translation, protocol
conversion, billing management, introductory information
content, and navigational systems that enable users to access
electronic publishing services, which do not affect the
presentation of such electronic publishing services to users.
``(D) Voice storage and retrieval services, including voice
messaging and electronic mail services.
``(E) Data processing or transaction processing services
that do not involve the generation or alteration of the
content of information.
``(F) Electronic billing or advertising of a Bell operating
company's regulated telecommunications services.
``(G) Language translation or data format conversion.
``(H) The provision of information necessary for the
management, control, or operation of a telephone company
telecommunications system.
``(I) The provision of directory assistance that provides
names, addresses, and telephone numbers and does not include
advertising.
``(J) Caller identification services.
``(K) Repair and provisioning databases and credit card and
billing validation for telephone company operations.
``(L) 911-E and other emergency assistance databases.
``(M) Any other network service of a type that is like or
similar to these network services and that does not involve
the generation or alteration of the content of information.
``(N) Any upgrades to these network services that do not
involve the generation or alteration of the content of
information.
``(O) Video programming or full motion video entertainment
on demand.
``(i) Additional Definitions.--As used in this section--
``(1) The term `affiliate' means any entity that, directly
or indirectly, owns or controls, is owned or controlled by,
or is under common ownership or control with, a Bell
operating company. Such term shall not include a separated
affiliate.
``(2) The term `basic telephone service' means any wireline
telephone exchange service, or wireline telephone exchange
service facility, provided by a Bell operating company in a
telephone exchange area, except that such term does not
include--
``(A) a competitive wireline telephone exchange service
provided in a telephone exchange area where another entity
provides a wireline telephone exchange service that was
provided on January 1, 1984, or
``(B) a commercial mobile service.
``(3) The term `basic telephone service information' means
network and customer information of a Bell operating company
and other information acquired by a Bell operating company as
a result of its engaging in the provision of basic telephone
service.
``(4) The term `control' has the meaning that it has in 17
C.F.R. 240.12b-2, the regulations promulgated by the
Securities and Exchange Commission pursuant to the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) or any successor
provision to such section.
``(5) The term `electronic publishing joint venture' means
a joint venture owned by a Bell operating company or
affiliate that engages in the provision of electronic
publishing which is disseminated by means of such Bell
operating company's or any of its affiliates' basic telephone
service.
``(6) The term `entity' means any organization, and
includes corporations, partnerships, sole proprietorships,
associations, and joint ventures.
``(7) The term `inbound telemarketing' means the marketing
of property, goods, or services by telephone to a customer or
potential customer who initiated the call.
``(8) The term `own' with respect to an entity means to
have a direct or indirect equity interest (or the equivalent
thereof) of more than 10 percent of an entity, or the right
to more than 10 percent of the gross revenues of an entity
under a revenue sharing or royalty agreement.
``(9) The term `separated affiliate' means a corporation
under common ownership or control with a Bell operating
company that does not own or control a Bell operating company
and is not owned or controlled by a Bell operating company
and that engages in the provision of electronic publishing
which is disseminated by means of such Bell operating
company's or any of its affiliates' basic telephone service.
``(10) The term `Bell operating company' has the meaning
provided in section 3, except that such term includes any
entity or corporation that is owned or controlled by such a
company (as so defined) but does not include an electronic
publishing joint venture owned by such an entity or
corporation.
``SEC. 275. ALARM MONITORING SERVICES.
``(a) Delayed Entry Into Alarm Monitoring.--
``(1) Prohibition.--No Bell operating company or affiliate
thereof shall engage in the
[[Page 273]]
provision of alarm monitoring services before the date which
is 5 years after the date of enactment of the
Telecommunications Act of 1996.
``(2) Existing activities.--Paragraph (1) does not prohibit
or limit the provision, directly or through an affiliate, of
alarm monitoring services by a Bell operating company that
was engaged in providing alarm monitoring services as of
November 30, 1995, directly or through an affiliate. Such
Bell operating company or affiliate may not acquire any
equity interest in, or obtain financial control of, any
unaffiliated alarm monitoring service entity after November
30, 1995, and until 5 years after the date of enactment of
the Telecommunications Act of 1996, except that this sentence
shall not prohibit an exchange of customers for the customers
of an unaffiliated alarm monitoring service entity.
``(b) Nondiscrimination.--An incumbent local exchange
carrier (as defined in section 251(h)) engaged in the
provision of alarm monitoring services shall--
``(1) provide nonaffiliated entities, upon reasonable
request, with the network services it provides to its own
alarm monitoring operations, on nondiscriminatory terms and
conditions; and
``(2) not subsidize its alarm monitoring services either
directly or indirectly from telephone exchange service
operations.
``(c) Expedited Consideration of Complaints.--The
Commission shall establish procedures for the receipt and
review of complaints concerning violations of subsection (b)
or the regulations thereunder that result in material
financial harm to a provider of alarm monitoring service.
Such procedures shall ensure that the Commission will make a
final determination with respect to any such complaint within
120 days after receipt of the complaint. If the complaint
contains an appropriate showing that the alleged violation
occurred, as determined by the Commission in accordance with
such regulations, the Commission shall, within 60 days after
receipt of the complaint, order the incumbent local exchange
carrier (as defined in section 251(h)) and its affiliates to
cease engaging in such violation pending such final
determination.
``(d) Use of Data.--A local exchange carrier may not record
or use in any fashion the occurrence or contents of calls
received by providers of alarm monitoring services for the
purposes of marketing such services on behalf of such local
exchange carrier, or any other entity. Any regulations
necessary to enforce this subsection shall be issued
initially within 6 months after the date of enactment of the
Telecommunications Act of 1996.
``(e) Definition of Alarm Monitoring service.--The term
`alarm monitoring service' means a service that uses a device
located at a residence, place of business, or other fixed
premises--
``(1) to receive signals from other devices located at or
about such premises regarding a possible threat at such
premises to life, safety, or property, from burglary, fire,
vandalism, bodily injury, or other emergency, and
``(2) to transmit a signal regarding such threat by means
of transmission facilities of a local exchange carrier or one
of its affiliates to a remote monitoring center to alert a
person at such center of the need to inform the customer or
another person or police, fire, rescue, security, or public
safety personnel of such threat,
but does not include a service that uses a medical monitoring
device attached to an individual for the automatic
surveillance of an ongoing medical condition.
``SEC. 276. PROVISION OF PAYPHONE SERVICE.
``(a) Nondiscrimination Safeguards.--After the effective
date of the rules prescribed pursuant to subsection (b), any
Bell operating company that provides payphone service--
``(1) shall not subsidize its payphone service directly or
indirectly from its telephone exchange service operations or
its exchange access operations; and
``(2) shall not prefer or discriminate in favor of its
payphone service.
``(b) Regulations.--
``(1) Contents of regulations.--In order to promote
competition among payphone service providers and promote the
widespread deployment of payphone services to the benefit of
the general public, within 9 months after the date of
enactment of the Telecommunications Act of 1996, the
Commission shall take all actions necessary (including any
reconsideration) to prescribe regulations that--
``(A) establish a per call compensation plan to ensure that
all payphone service providers are fairly compensated for
each and every completed intrastate and interstate call using
their payphone, except that emergency calls and
telecommunications relay service calls for hearing disabled
individuals shall not be subject to such compensation;
``(B) discontinue the intrastate and interstate carrier
access charge payphone service elements and payments in
effect on such date of enactment, and all intrastate and
interstate payphone subsidies from basic exchange and
exchange access revenues, in favor of a compensation plan as
specified in subparagraph (A);
``(C) prescribe a set of nonstructural safeguards for Bell
operating company payphone service to implement the
provisions of paragraphs (1) and (2) of subsection (a), which
safeguards shall, at a minimum, include the nonstructural
safeguards equal to those adopted in the Computer Inquiry-III
(CC Docket No. 90-623) proceeding;
``(D) provide for Bell operating company payphone service
providers to have the same right that independent payphone
providers have to negotiate with the location provider on the
location provider's selecting and contracting with, and,
subject to the terms of any agreement with the location
provider, to select and contract with, the carriers that
carry interLATA calls from their payphones, unless the
Commission determines in the rulemaking pursuant to this
section that it is not in the public interest; and
``(E) provide for all payphone service providers to have
the right to negotiate with the location provider on the
location provider's selecting and contracting with, and,
subject to the terms of any agreement with the location
provider, to select and contract with, the carriers that
carry intraLATA calls from their payphones.
``(2) Public interest telephones.--In the rulemaking
conducted pursuant to paragraph (1), the Commission shall
determine whether public interest payphones, which are
provided in the interest of public health, safety, and
welfare, in locations where there would otherwise not be a
payphone, should be maintained, and if so, ensure that such
public interest payphones are supported fairly and equitably.
``(3) Existing contracts.--Nothing in this section shall
affect any existing contracts between location providers and
payphone service providers or interLATA or intraLATA carriers
that are in force and effect as of the date of enactment of
the Telecommunications Act of 1996.
``(c) State Preemption.--To the extent that any State
requirements are inconsistent with the Commission's
regulations, the Commission's regulations on such matters
shall preempt such State requirements.
``(d) Definition.--As used in this section, the term
`payphone service' means the provision of public or semi-
public pay telephones, the provision of inmate telephone
service in correctional institutions, and any ancillary
services.''.
(b) Review of Entry Decisions.--Section 402(b) (47 U.S.C.
402(b)) is amended--
(1) in paragraph (6), by striking ``(3), and (4)'' and
inserting ``(3), (4), and (9)''; and
(2) by adding at the end the following new paragraph:
``(9) By any applicant for authority to provide interLATA
services under section 271 of this Act whose application is
denied by the Commission.''.
TITLE II--BROADCAST SERVICES
SEC. 201. BROADCAST SPECTRUM FLEXIBILITY.
Title III is amended by inserting after section 335 (47
U.S.C. 335) the following new section:
``SEC. 336. BROADCAST SPECTRUM FLEXIBILITY.
``(a) Commission Action.--If the Commission determines to
issue additional licenses for advanced television services,
the Commission--
``(1) should limit the initial eligibility for such
licenses to persons that, as of the date of such issuance,
are licensed to operate a television broadcast station or
hold a permit to construct such a station (or both); and
``(2) shall adopt regulations that allow the holders of
such licenses to offer such ancillary or supplementary
services on designated frequencies as may be consistent with
the public interest, convenience, and necessity.
``(b) Contents of Regulations.--In prescribing the
regulations required by subsection (a), the Commission
shall--
``(1) only permit such licensee or permittee to offer
ancillary or supplementary services if the use of a
designated frequency for such services is consistent with the
technology or method designated by the Commission for the
provision of advanced television services;
``(2) limit the broadcasting of ancillary or supplementary
services on designated frequencies so as to avoid derogation
of any advanced television services, including high
definition television broadcasts, that the Commission may
require using such frequencies;
``(3) apply to any other ancillary or supplementary service
such of the Commission's regulations as are applicable to the
offering of analogous services by any other person, except
that no ancillary or supplementary service shall have any
rights to carriage under section 614 or 615 or be deemed a
multichannel video programming distributor for purposes of
section 628;
``(4) adopt such technical and other requirements as may be
necessary or appropriate to assure the quality of the signal
used to provide advanced television services, and may adopt
regulations that stipulate the minimum number of hours per
day that such signal must be transmitted; and
``(5) prescribe such other regulations as may be necessary
for the protection of the public interest, convenience, and
necessity.
``(c) Recovery of License.--If the Commission grants a
license for advanced television services to a person that, as
of the date of such issuance, is licensed to operate a
television broadcast station or holds a permit to construct
such a station (or both), the Commission shall, as a
condition of such license, require that either the additional
license or the original license held by the licensee be
surrendered to the Commission for reallocation or
reassignment (or both) pursuant to Commission regulation.
``(d) Public Interest Requirement.--Nothing in this section
shall be construed as relieving a television broadcasting
station from its obligation to serve the public interest,
convenience, and necessity. In the Com
[[Page 274]]
mission's review of any application for renewal of a
broadcast license for a television station that provides
ancillary or supplementary services, the television licensee
shall establish that all of its program services on the
existing or advanced television spectrum are in the public
interest. Any violation of the Commission rules applicable to
ancillary or supplementary services shall reflect upon the
licensee's qualifications for renewal of its license.
``(e) Fees.--
``(1) Services to which fees apply.--If the regulations
prescribed pursuant to subsection (a) permit a licensee to
offer ancillary or supplementary services on a designated
frequency--
``(A) for which the payment of a subscription fee is
required in order to receive such services, or
``(B) for which the licensee directly or indirectly
receives compensation from a third party in return for
transmitting material furnished by such third party (other
than commercial advertisements used to support broadcasting
for which a subscription fee is not required),
the Commission shall establish a program to assess and
collect from the licensee for such designated frequency an
annual fee or other schedule or method of payment that
promotes the objectives described in subparagraphs (A) and
(B) of paragraph (2).
``(2) Collection of fees.--The program required by
paragraph (1) shall--
``(A) be designed (i) to recover for the public a portion
of the value of the public spectrum resource made available
for such commercial use, and (ii) to avoid unjust enrichment
through the method employed to permit such uses of that
resource;
``(B) recover for the public an amount that, to the extent
feasible, equals but does not exceed (over the term of the
license) the amount that would have been recovered had such
services been licensed pursuant to the provisions of section
309(j) of this Act and the Commission's regulations
thereunder; and
``(C) be adjusted by the Commission from time to time in
order to continue to comply with the requirements of this
paragraph.
``(3) Treatment of revenues.--
``(A) General rule.--Except as provided in subparagraph
(B), all proceeds obtained pursuant to the regulations
required by this subsection shall be deposited in the
Treasury in accordance with chapter 33 of title 31, United
States Code.
``(B) Retention of revenues.--Notwithstanding subparagraph
(A), the salaries and expenses account of the Commission
shall retain as an offsetting collection such sums as may be
necessary from such proceeds for the costs of developing and
implementing the program required by this section and
regulating and supervising advanced television services. Such
offsetting collections shall be available for obligation
subject to the terms and conditions of the receiving
appropriations account, and shall be deposited in such
accounts on a quarterly basis.
``(4) Report.--Within 5 years after the date of enactment
of the Telecommunications Act of 1996, the Commission shall
report to the Congress on the implementation of the program
required by this subsection, and shall annually thereafter
advise the Congress on the amounts collected pursuant to such
program.
``(f) Evaluation.--Within 10 years after the date the
Commission first issues additional licenses for advanced
television services, the Commission shall conduct an
evaluation of the advanced television services program. Such
evaluation shall include--
``(1) an assessment of the willingness of consumers to
purchase the television receivers necessary to receive
broadcasts of advanced television services;
``(2) an assessment of alternative uses, including public
safety use, of the frequencies used for such broadcasts; and
``(3) the extent to which the Commission has been or will
be able to reduce the amount of spectrum assigned to
licensees.
``(g) Definitions.--As used in this section:
``(1) Advanced television services.--The term `advanced
television services' means television services provided using
digital or other advanced technology as further defined in
the opinion, report, and order of the Commission entitled
`Advanced Television Systems and Their Impact Upon the
Existing Television Broadcast Service', MM Docket 87-268,
adopted September 17, 1992, and successor proceedings.
``(2) Designated frequencies.--The term `designated
frequency' means each of the frequencies designated by the
Commission for licenses for advanced television services.
``(3) High definition television.--The term `high
definition television' refers to systems that offer
approximately twice the vertical and horizontal resolution of
receivers generally available on the date of enactment of the
Telecommunications Act of 1996, as further defined in the
proceedings described in paragraph (1) of this subsection.''.
SEC. 202. BROADCAST OWNERSHIP.
(a) National Radio Station Ownership Rule Changes
Required.--The Commission shall modify section 73.3555 of its
regulations (47 C.F.R. 73.3555) by eliminating any provisions
limiting the number of AM or FM broadcast stations which may
be owned or controlled by one entity nationally.
(b) Local Radio Diversity.--
(1) Applicable caps.--The Commission shall revise section
73.3555(a) of its regulations (47 C.F.R. 73.3555) to provide
that--
(A) in a radio market with 45 or more commercial radio
stations, a party may own, operate, or control up to 8
commercial radio stations, not more than 5 of which are in
the same service (AM or FM);
(B) in a radio market with between 30 and 44 (inclusive)
commercial radio stations, a party may own, operate, or
control up to 7 commercial radio stations, not more than 4 of
which are in the same service (AM or FM);
(C) in a radio market with between 15 and 29 (inclusive)
commercial radio stations, a party may own, operate, or
control up to 6 commercial radio stations, not more than 4 of
which are in the same service (AM or FM); and
(D) in a radio market with 14 or fewer commercial radio
stations, a party may own, operate, or control up to 5
commercial radio stations, not more than 3 of which are in
the same service (AM or FM), except that a party may not own,
operate, or control more than 50 percent of the stations in
such market.
(2) Exception.--Notwithstanding any limitation authorized
by this subsection, the Commission may permit a person or
entity to own, operate, or control, or have a cognizable
interest in, radio broadcast stations if the Commission
determines that such ownership, operation, control, or
interest will result in an increase in the number of radio
broadcast stations in operation.
(c) Television Ownership Limitations.--
(1) National ownership limitations.--The Commission shall
modify its rules for multiple ownership set forth in section
73.3555 of its regulations (47 C.F.R. 73.3555)--
(A) by eliminating the restrictions on the number of
television stations that a person or entity may directly or
indirectly own, operate, or control, or have a cognizable
interest in, nationwide; and
(B) by increasing the national audience reach limitation
for television stations to 35 percent.
(2) Local ownership limitations.--The Commission shall
conduct a rulemaking proceeding to determine whether to
retain, modify, or eliminate its limitations on the number of
television stations that a person or entity may own, operate,
or control, or have a cognizable interest in, within the same
television market.
(d) Relaxation of One-To-A-Market.--With respect to its
enforcement of its one-to-a-market ownership rules under
section 73.3555 of its regulations, the Commission shall
extend its waiver policy to any of the top 50 markets,
consistent with the public interest, convenience, and
necessity.
(e) Dual Network Changes.--The Commission shall revise
section 73.658(g) of its regulations (47 C.F.R. 658(g)) to
permit a television broadcast station to affiliate with a
person or entity that maintains 2 or more networks of
television broadcast stations unless such dual or multiple
networks are composed of--
(1) two or more persons or entities that, on the date of
enactment of the Telecommunications Act of 1996, are
``networks'' as defined in section 73.3613(a)(1) of the
Commission's regulations (47 C.F.R. 73.3613(a)(1)); or
(2) any network described in paragraph (1) and an English-
language program distribution service that, on such date,
provides 4 or more hours of programming per week on a
national basis pursuant to network affiliation arrangements
with local television broadcast stations in markets reaching
more than 75 percent of television homes (as measured by a
national ratings service).
(f) Cable Cross Ownership.--
(1) Elimination of restrictions.--The Commission shall
revise section 76.501 of its regulations (47 C.F.R. 76.501)
to permit a person or entity to own or control a network of
broadcast stations and a cable system.
(2) Safeguards against discrimination.--The Commission
shall revise such regulations if necessary to ensure
carriage, channel positioning, and nondiscriminatory
treatment of nonaffiliated broadcast stations by a cable
system described in paragraph (1).
(g) Local Marketing Agreements.--Nothing in this section
shall be construed to prohibit the origination, continuation,
or renewal of any television local marketing agreement that
is in compliance with the regulations of the Commission.
(h) Further Commission Review.--The Commission shall review
its rules adopted pursuant to this section and all of its
ownership rules biennially as part of its regulatory reform
review under section 11 of the Communications Act of 1934 and
shall determine whether any of such rules are necessary in
the public interest as the result of competition. The
Commission shall repeal or modify any regulation it
determines to be no longer in the public interest.
(i) Elimination of Statutory Restriction.--Section 613(a)
(47 U.S.C. 533(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as subsection (a);
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(4) by striking ``and'' at the end of paragraph (1) (as so
redesignated);
(5) by striking the period at the end of paragraph (2) (as
so redesignated) and inserting ``; and''; and
(6) by adding at the end the following new paragraph:
``(3) shall not apply the requirements of this subsection
to any cable operator in any franchise area in which a cable
operator is subject to effective competition as determined
under section 623(l).''.
SEC. 203. TERM OF LICENSES.
Section 307(c) (47 U.S.C. 307(c)) is amended to read as
follows:
[[Page 275]]
``(c) Terms of Licenses.--
``(1) Initial and renewal licenses.--Each license granted
for the operation of a broadcasting station shall be for a
term of not to exceed 8 years. Upon application therefor, a
renewal of such license may be granted from time to time for
a term of not to exceed 8 years from the date of expiration
of the preceding license, if the Commission finds that public
interest, convenience, and necessity would be served thereby.
Consistent with the foregoing provisions of this subsection,
the Commission may by rule prescribe the period or periods
for which licenses shall be granted and renewed for
particular classes of stations, but the Commission may not
adopt or follow any rule which would preclude it, in any case
involving a station of a particular class, from granting or
renewing a license for a shorter period than that prescribed
for stations of such class if, in its judgment, the public
interest, convenience, or necessity would be served by such
action.
``(2) Materials in application.--In order to expedite
action on applications for renewal of broadcasting station
licenses and in order to avoid needless expense to applicants
for such renewals, the Commission shall not require any such
applicant to file any information which previously has been
furnished to the Commission or which is not directly material
to the considerations that affect the granting or denial of
such application, but the Commission may require any new or
additional facts it deems necessary to make its findings.
``(3) Continuation pending decision.--Pending any hearing
and final decision on such an application and the disposition
of any petition for rehearing pursuant to section 405, the
Commission shall continue such license in effect.''.
SEC. 204. BROADCAST LICENSE RENEWAL PROCEDURES.
(a) Renewal Procedures.--
(1) Amendment.--Section 309 (47 U.S.C. 309) is amended by
adding at the end thereof the following new subsection:
``(k) Broadcast Station Renewal Procedures.--
``(1) Standards for renewal.--If the licensee of a
broadcast station submits an application to the Commission
for renewal of such license, the Commission shall grant the
application if it finds, with respect to that station, during
the preceding term of its license--
``(A) the station has served the public interest,
convenience, and necessity;
``(B) there have been no serious violations by the licensee
of this Act or the rules and regulations of the Commission;
and
``(C) there have been no other violations by the licensee
of this Act or the rules and regulations of the Commission
which, taken together, would constitute a pattern of abuse.
``(2) Consequence of failure to meet standard.--If any
licensee of a broadcast station fails to meet the
requirements of this subsection, the Commission may deny the
application for renewal in accordance with paragraph (3), or
grant such application on terms and conditions as are
appropriate, including renewal for a term less than the
maximum otherwise permitted.
``(3) Standards for denial.--If the Commission determines,
after notice and opportunity for a hearing as provided in
subsection (e), that a licensee has failed to meet the
requirements specified in paragraph (1) and that no
mitigating factors justify the imposition of lesser
sanctions, the Commission shall--
``(A) issue an order denying the renewal application filed
by such licensee under section 308; and
``(B) only thereafter accept and consider such applications
for a construction permit as may be filed under section 308
specifying the channel or broadcasting facilities of the
former licensee.
``(4) Competitor consideration prohibited.--In making the
determinations specified in paragraph (1) or (2), the
Commission shall not consider whether the public interest,
convenience, and necessity might be served by the grant of a
license to a person other than the renewal applicant.''.
(2) Conforming amendment.--Section 309(d) (47 U.S.C.
309(d)) is amended by inserting after ``with subsection (a)''
each place it appears the following: ``(or subsection (k) in
the case of renewal of any broadcast station license)''.
(b) Summary of Complaints on Violent Programming.--Section
308 (47 U.S.C. 308) is amended by adding at the end the
following new subsection:
``(d) Summary of Complaints.--Each applicant for the
renewal of a commercial or noncommercial television license
shall attach as an exhibit to the application a summary of
written comments and suggestions received from the public and
maintained by the licensee (in accordance with Commission
regulations) that comment on the applicant's programming, if
any, and that are characterized by the commentor as
constituting violent programming.''.
(c) Effective Date.--The amendments made by this section
apply to applications filed after May 1, 1995.
SEC. 205. DIRECT BROADCAST SATELLITE SERVICE.
(a) DBS Signal Security.--Section 705(e)(4) (47 U.S.C.
605(e)(4)) is amended by inserting ``or direct-to-home
satellite services,'' after ``programming,''.
(b) FCC Jurisdiction Over Direct-to-Home Satellite
Services.--Section 303 (47 U.S.C. 303) is amended by adding
at the end thereof the following new subsection:
``(v) Have exclusive jurisdiction to regulate the provision
of direct-to-home satellite services. As used in this
subsection, the term `direct-to-home satellite services'
means the distribution or broadcasting of programming or
services by satellite directly to the subscriber's premises
without the use of ground receiving or distribution
equipment, except at the subscriber's premises or in the
uplink process to the satellite.''.
SEC. 206. AUTOMATED SHIP DISTRESS AND SAFETY SYSTEMS.
Part II of title III is amended by inserting after section
364 (47 U.S.C. 362) the following new section:
``SEC. 365. AUTOMATED SHIP DISTRESS AND SAFETY SYSTEMS.
``Notwithstanding any provision of this Act or any other
provision of law or regulation, a ship documented under the
laws of the United States operating in accordance with the
Global Maritime Distress and Safety System provisions of the
Safety of Life at Sea Convention shall not be required to be
equipped with a radio telegraphy station operated by one or
more radio officers or operators. This section shall take
effect for each vessel upon a determination by the United
States Coast Guard that such vessel has the equipment
required to implement the Global Maritime Distress and Safety
System installed and operating in good working condition.''.
SEC. 207. RESTRICTIONS ON OVER-THE-AIR RECEPTION DEVICES.
Within 180 days after the date of enactment of this Act,
the Commission shall, pursuant to section 303 of the
Communications Act of 1934, promulgate regulations to
prohibit restrictions that impair a viewer's ability to
receive video programming services through devices designed
for over-the-air reception of television broadcast signals,
multichannel multipoint distribution service, or direct
broadcast satellite services.
TITLE III--CABLE SERVICES
SEC. 301. CABLE ACT REFORM.
(a) Definitions.--
(1) Definition of cable service.--Section 602(6)(B) (47
U.S.C. 522(6)(B)) is amended by inserting ``or use'' after
``the selection''.
(2) Change in definition of cable system.--Section 602(7)
(47 U.S.C. 522(7)) is amended by striking ``(B) a facility
that serves only subscribers in 1 or more multiple unit
dwellings under common ownership, control, or management,
unless such facility or facilities uses any public right-of-
way;'' and inserting ``(B) a facility that serves subscribers
without using any public right-of-way;''.
(b) Rate Deregulation.--
(1) Upper tier regulation.--Section 623(c) (47 U.S.C.
543(c)) is amended--
(A) in paragraph (1)(B), by striking ``subscriber,
franchising authority, or other relevant State or local
government entity'' and inserting ``franchising authority (in
accordance with paragraph (3))'';
(B) in paragraph (1)(C), by striking ``such complaint'' and
inserting ``the first complaint filed with the franchising
authority under paragraph (3)''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Review of rate changes.--The Commission shall review
any complaint submitted by a franchising authority after the
date of enactment of the Telecommunications Act of 1996
concerning an increase in rates for cable programming
services and issue a final order within 90 days after it
receives such a complaint, unless the parties agree to extend
the period for such review. A franchising authority may not
file a complaint under this paragraph unless, within 90 days
after such increase becomes effective it receives subscriber
complaints.
``(4) Sunset of upper tier rate regulation.--This
subsection shall not apply to cable programming services
provided after March 31, 1999.''.
(2) Sunset of uniform rate structure in markets with
effective competition.--Section 623(d) (47 U.S.C. 543(d)) is
amended by adding at the end thereof the following: ``This
subsection does not apply to (1) a cable operator with
respect to the provision of cable service over its cable
system in any geographic area in which the video programming
services offered by the operator in that area are subject to
effective competition, or (2) any video programming offered
on a per channel or per program basis. Bulk discounts to
multiple dwelling units shall not be subject to this
subsection, except that a cable operator of a cable system
that is not subject to effective competition may not charge
predatory prices to a multiple dwelling unit. Upon a prima
facie showing by a complainant that there are reasonable
grounds to believe that the discounted price is predatory,
the cable system shall have the burden of showing that its
discounted price is not predatory.''.
(3) Effective competition.--Section 623(l)(1) (47 U.S.C.
543(l)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(C) by adding at the end the following:
``(D) a local exchange carrier or its affiliate (or any
multichannel video programming distributor using the
facilities of such carrier or its affiliate) offers video
programming services directly to subscribers by any means
(other than direct-to-home satellite services) in the
franchise area of an unaffiliated cable operator which is
providing cable service in that franchise area, but only if
the video programming services so offered in that area are
comparable to the video pro
[[Page 276]]
gramming services provided by the unaffiliated cable operator
in that area.''
(c) Greater Deregulation for Smaller Cable Companies.--
Section 623 (47 U.S.C 543) is amended by adding at the end
thereof the following:
``(m) Special Rules for Small Companies.--
``(1) In general.--Subsections (a), (b), and (c) do not
apply to a small cable operator with respect to--
``(A) cable programming services, or
``(B) a basic service tier that was the only service tier
subject to regulation as of December 31, 1994,
in any franchise area in which that operator services 50,000
or fewer subscribers.
``(2) Definition of small cable operator.--For purposes of
this subsection, the term `small cable operator' means a
cable operator that, directly or through an affiliate, serves
in the aggregate fewer than 1 percent of all subscribers in
the United States and is not affiliated with any entity or
entities whose gross annual revenues in the aggregate exceed
$250,000,000.''.
(d) Market Determinations.--
(1) Market determinations; expedited decisionmaking.--
Section 614(h)(1)(C) (47 U.S.C. 534(h)(1)(C)) is amended--
(A) by striking ``in the manner provided in section
73.3555(d)(3)(i) of title 47, Code of Federal Regulations, as
in effect on May 1, 1991,'' in clause (i) and inserting ``by
the Commission by regulation or order using, where available,
commercial publications which delineate television markets
based on viewing patterns,''; and
(B) by striking clause (iv) and inserting the following:
``(iv) Within 120 days after the date on which a request is
filed under this subparagraph (or 120 days after the date of
enactment of the Telecommunications Act of 1996, if later),
the Commission shall grant or deny the request.''.
(2) Application to pending requests.--The amendment made by
paragraph (1) shall apply to--
(A) any request pending under section 614(h)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) on the
date of enactment of this Act; and
(B) any request filed under that section after that date.
(e) Technical Standards.--Section 624(e) (47 U.S.C. 544(e))
is amended by striking the last two sentences and inserting
the following: ``No State or franchising authority may
prohibit, condition, or restrict a cable system's use of any
type of subscriber equipment or any transmission
technology.''.
(f) Cable Equipment Compatibility.--Section 624A (47 U.S.C.
544A) is amended--
(1) in subsection (a) by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``; and''; and by adding at the end the
following new paragraph:
``(4) compatibility among televisions, video cassette
recorders, and cable systems can be assured with narrow
technical standards that mandate a minimum degree of common
design and operation, leaving all features, functions,
protocols, and other product and service options for
selection through open competition in the market.'';
(2) in subsection (c)(1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before such redesignated subparagraph (B)
the following new subparagraph:
``(A) the need to maximize open competition in the market
for all features, functions, protocols, and other product and
service options of converter boxes and other cable converters
unrelated to the descrambling or decryption of cable
television signals;''; and
(3) in subsection (c)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) to ensure that any standards or regulations developed
under the authority of this section to ensure compatibility
between televisions, video cassette recorders, and cable
systems do not affect features, functions, protocols, and
other product and service options other than those specified
in paragraph (1)(B), including telecommunications interface
equipment, home automation communications, and computer
network services;''.
(g) Subscriber Notice.--Section 632 (47 U.S.C. 552) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Subscriber Notice.--A cable operator may provide
notice of service and rate changes to subscribers using any
reasonable written means at its sole discretion.
Notwithstanding section 623(b)(6) or any other provision of
this Act, a cable operator shall not be required to provide
prior notice of any rate change that is the result of a
regulatory fee, franchise fee, or any other fee, tax,
assessment, or charge of any kind imposed by any Federal
agency, State, or franchising authority on the transaction
between the operator and the subscriber.''.
(h) Program Access.--Section 628 (47 U.S.C. 548) is amended
by adding at the end the following:
``(j) Common Carriers.--Any provision that applies to a
cable operator under this section shall apply to a common
carrier or its affiliate that provides video programming by
any means directly to subscribers. Any such provision that
applies to a satellite cable programming vendor in which a
cable operator has an attributable interest shall apply to
any satellite cable programming vendor in which such common
carrier has an attributable interest. For the purposes of
this subsection, two or fewer common officers or directors
shall not by itself establish an attributable interest by a
common carrier in a satellite cable programming vendor (or
its parent company).''.
(i) Antitrafficking.--Section 617 (47 U.S.C. 537) is
amended--
(1) by striking subsections (a) through (d); and
(2) in subsection (e), by striking ``(e)'' and all that
follows through ``a franchising authority'' and inserting ``A
franchising authority''.
(j) Aggregation of Equipment Costs.--Section 623(a) (47
U.S.C. 543(a)) is amended by adding at the end the following
new paragraph:
``(7) Aggregation of equipment costs.--
``(A) In general.--The Commission shall allow cable
operators, pursuant to any rules promulgated under subsection
(b)(3), to aggregate, on a franchise, system, regional, or
company level, their equipment costs into broad categories,
such as converter boxes, regardless of the varying levels of
functionality of the equipment within each such broad
category. Such aggregation shall not be permitted with
respect to equipment used by subscribers who receive only a
rate regulated basic service tier.
``(B) Revision to commission rules; forms.--Within 120 days
of the date of enactment of the Telecommunications Act of
1996, the Commission shall issue revisions to the appropriate
rules and forms necessary to implement subparagraph (A).''.
(k) Treatment of Prior Year Losses.--
(1) Amendment.--Section 623 (48 U.S.C. 543) is amended by
adding at the end thereof the following:
``(n) Treatment of Prior Year Losses.--Notwithstanding any
other provision of this section or of section 612, losses
associated with a cable system (including losses associated
with the grant or award of a franchise) that were incurred
prior to September 4, 1992, with respect to a cable system
that is owned and operated by the original franchisee of such
system shall not be disallowed, in whole or in part, in the
determination of whether the rates for any tier of service or
any type of equipment that is subject to regulation under
this section are lawful.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of this Act and
shall be applicable to any rate proposal filed on or after
September 4, 1993, upon which no final action has been taken
by December 1, 1995.
SEC. 302. CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES.
(a) Provisions for Regulation of Cable Service Provided by
Telephone Companies.--Title VI (47 U.S.C. 521 et seq.) is
amended by adding at the end the following new part:
``PART V--VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES
``SEC. 651. REGULATORY TREATMENT OF VIDEO PROGRAMMING
SERVICES.
``(a) Limitations on Cable Regulation.--
``(1) Radio-based systems.--To the extent that a common
carrier (or any other person) is providing video programming
to subscribers using radio communication, such carrier (or
other person) shall be subject to the requirements of title
III and section 652, but shall not otherwise be subject to
the requirements of this title.
``(2) Common carriage of video traffic.--To the extent that
a common carrier is providing transmission of video
programming on a common carrier basis, such carrier shall be
subject to the requirements of title II and section 652, but
shall not otherwise be subject to the requirements of this
title. This paragraph shall not affect the treatment under
section 602(7)(C) of a facility of a common carrier as a
cable system.
``(3) Cable systems and open video systems.--To the extent
that a common carrier is providing video programming to its
subscribers in any manner other than that described in
paragraphs (1) and (2)--
``(A) such carrier shall be subject to the requirements of
this title, unless such programming is provided by means of
an open video system for which the Commission has approved a
certification under section 653; or
``(B) if such programming is provided by means of an open
video system for which the Commission has approved a
certification under section 653, such carrier shall be
subject to the requirements of this part, but shall be
subject to parts I through IV of this title only as provided
in 653(c).
``(4) Election to operate as open video system.--A common
carrier that is providing video programming in a manner
described in paragraph (1) or (2), or a combination thereof,
may elect to provide such programming by means of an open
video system that complies with section 653. If the
Commission approves such carrier's certification under
section 653, such carrier shall be subject to the
requirements of this part, but shall be subject to parts I
through IV of this title only as provided in 653(c).
``(b) Limitations on Interconnection Obligations.--A local
exchange carrier that provides cable service through an open
video system or a cable system shall not be required,
pursuant to title II of this Act, to
[[Page 277]]
make capacity available on a nondiscriminatory basis to any
other person for the provision of cable service directly to
subscribers.
``(c) Additional Regulatory Relief.--A common carrier shall
not be required to obtain a certificate under section 214
with respect to the establishment or operation of a system
for the delivery of video programming.
``SEC. 652. PROHIBITION ON BUY OUTS.
``(a) Acquisitions by Carriers.--No local exchange carrier
or any affiliate of such carrier owned by, operated by,
controlled by, or under common control with such carrier may
purchase or otherwise acquire directly or indirectly more
than a 10 percent financial interest, or any management
interest, in any cable operator providing cable service
within the local exchange carrier's telephone service area.
``(b) Acquisitions by Cable Operators.--No cable operator
or affiliate of a cable operator that is owned by, operated
by, controlled by, or under common ownership with such cable
operator may purchase or otherwise acquire, directly or
indirectly, more than a 10 percent financial interest, or any
management interest, in any local exchange carrier providing
telephone exchange service within such cable operator's
franchise area.
``(c) Joint Ventures.--A local exchange carrier and a cable
operator whose telephone service area and cable franchise
area, respectively, are in the same market may not enter into
any joint venture or partnership to provide video programming
directly to subscribers or to provide telecommunications
services within such market.
``(d) Exceptions.--
``(1) Rural systems.--Notwithstanding subsections (a), (b),
and (c) of this section, a local exchange carrier (with
respect to a cable system located in its telephone service
area) and a cable operator (with respect to the facilities of
a local exchange carrier used to provide telephone exchange
service in its cable franchise area) may obtain a controlling
interest in, management interest in, or enter into a joint
venture or partnership with the operator of such system or
facilities for the use of such system or facilities to the
extent that--
``(A) such system or facilities only serve incorporated or
unincorporated--
``(i) places or territories that have fewer than 35,000
inhabitants; and
``(ii) are outside an urbanized area, as defined by the
Bureau of the Census; and
``(B) in the case of a local exchange carrier, such system,
in the aggregate with any other system in which such carrier
has an interest, serves less than 10 percent of the
households in the telephone service area of such carrier.
``(2) Joint use.--Notwithstanding subsection (c), a local
exchange carrier may obtain, with the concurrence of the
cable operator on the rates, terms, and conditions, the use
of that part of the transmission facilities of a cable system
extending from the last multi-user terminal to the premises
of the end user, if such use is reasonably limited in scope
and duration, as determined by the Commission.
``(3) Acquisitions in competitive markets.--Notwithstanding
subsections (a) and (c), a local exchange carrier may obtain
a controlling interest in, or form a joint venture or other
partnership with, or provide financing to, a cable system
(hereinafter in this paragraph referred to as `the subject
cable system'), if--
``(A) the subject cable system operates in a television
market that is not in the top 25 markets, and such market has
more than 1 cable system operator, and the subject cable
system is not the cable system with the most subscribers in
such television market;
``(B) the subject cable system and the cable system with
the most subscribers in such television market held on May 1,
1995, cable television franchises from the largest
municipality in the television market and the boundaries of
such franchises were identical on such date;
``(C) the subject cable system is not owned by or under
common ownership or control of any one of the 50 cable system
operators with the most subscribers as such operators existed
on May 1, 1995; and
``(D) the system with the most subscribers in the
television market is owned by or under common ownership or
control of any one of the 10 largest cable system operators
as such operators existed on May 1, 1995.
``(4) Exempt cable systems.--Subsection (a) does not apply
to any cable system if--
``(A) the cable system serves no more than 17,000 cable
subscribers, of which no less than 8,000 live within an urban
area, and no less than 6,000 live within a nonurbanized area
as of June 1, 1995;
``(B) the cable system is not owned by, or under common
ownership or control with, any of the 50 largest cable system
operators in existence on June 1, 1995; and
``(C) the cable system operates in a television market that
was not in the top 100 television markets as of June 1, 1995.
``(5) Small cable systems in nonurban areas.--
Notwithstanding subsections (a) and (c), a local exchange
carrier with less than $100,000,000 in annual operating
revenues (or any affiliate of such carrier owned by, operated
by, controlled by, or under common control with such carrier)
may purchase or otherwise acquire more than a 10 percent
financial interest in, or any management interest in, or
enter into a joint venture or partnership with, any cable
system within the local exchange carrier's telephone service
area that serves no more than 20,000 cable subscribers, if no
more than 12,000 of those subscribers live within an
urbanized area, as defined by the Bureau of the Census.
``(6) Waivers.--The Commission may waive the restrictions
of subsections (a), (b), or (c) only if--
``(A) the Commission determines that, because of the nature
of the market served by the affected cable system or
facilities used to provide telephone exchange service--
``(i) the affected cable operator or local exchange carrier
would be subjected to undue economic distress by the
enforcement of such provisions;
``(ii) the system or facilities would not be economically
viable if such provisions were enforced; or
``(iii) the anticompetitive effects of the proposed
transaction are clearly outweighed in the public interest by
the probable effect of the transaction in meeting the
convenience and needs of the community to be served; and
``(B) the local franchising authority approves of such
waiver.
``(e) Definition of Telephone Service Area.--For purposes
of this section, the term `telephone service area' when used
in connection with a common carrier subject in whole or in
part to title II of this Act means the area within which such
carrier provided telephone exchange service as of January 1,
1993, but if any common carrier after such date transfers its
telephone exchange service facilities to another common
carrier, the area to which such facilities provide telephone
exchange service shall be treated as part of the telephone
service area of the acquiring common carrier and not of the
selling common carrier.
``SEC. 653. ESTABLISHMENT OF OPEN VIDEO SYSTEMS.
``(a) Open Video Systems.--
``(1) Certificates of compliance.--A local exchange carrier
may provide cable service to its cable service subscribers in
its telephone service area through an open video system that
complies with this section. To the extent permitted by such
regulations as the Commission may prescribe consistent with
the public interest, convenience, and necessity, an operator
of a cable system or any other person may provide video
programming through an open video system that complies with
this section. An operator of an open video system shall
qualify for reduced regulatory burdens under subsection (c)
of this section if the operator of such system certifies to
the Commission that such carrier complies with the
Commission's regulations under subsection (b) and the
Commission approves such certification. The Commission shall
publish notice of the receipt of any such certification and
shall act to approve or disapprove any such certification
within 10 days after receipt of such certification.
``(2) Dispute resolution.--The Commission shall have the
authority to resolve disputes under this section and the
regulations prescribed thereunder. Any such dispute shall be
resolved within 180 days after notice of such dispute is
submitted to the Commission. At that time or subsequently in
a separate damages proceeding, the Commission may, in the
case of any violation of this section, require carriage,
award damages to any person denied carriage, or any
combination of such sanctions. Any aggrieved party may seek
any other remedy available under this Act.
``(b) Commission Actions.--
``(1) Regulations required.--Within 6 months after the date
of enactment of the Telecommunications Act of 1996, the
Commission shall complete all actions necessary (including
any reconsideration) to prescribe regulations that--
``(A) except as required pursuant to section 611, 614, or
615, prohibit an operator of an open video system from
discriminating among video programming providers with regard
to carriage on its open video system, and ensure that the
rates, terms, and conditions for such carriage are just and
reasonable, and are not unjustly or unreasonably
discriminatory;
``(B) if demand exceeds the channel capacity of the open
video system, prohibit an operator of an open video system
and its affiliates from selecting the video programming
services for carriage on more than one-third of the activated
channel capacity on such system, but nothing in this
subparagraph shall be construed to limit the number of
channels that the carrier and its affiliates may offer to
provide directly to subscribers;
``(C) permit an operator of an open video system to carry
on only one channel any video programming service that is
offered by more than one video programming provider
(including the local exchange carrier's video programming
affiliate), provided that subscribers have ready and
immediate access to any such video programming service;
``(D) extend to the distribution of video programming over
open video systems the Commission's regulations concerning
sports exclusivity (47 C.F.R. 76.67), network nonduplication
(47 C.F.R. 76.92 et seq.), and syndicated exclusivity (47
C.F.R. 76.151 et seq.); and
``(E)(i) prohibit an operator of an open video system from
unreasonably discriminating in favor of the operator or its
affiliates with regard to material or information (including
advertising) provided by the operator to subscribers for the
purposes of selecting programming on the open video system,
or in the way such material or information is presented to
subscribers;
``(ii) require an operator of an open video system to
ensure that video programming providers or copyright holders
(or both) are
[[Page 278]]
able suitably and uniquely to identify their programming
services to subscribers;
``(iii) if such identification is transmitted as part of
the programming signal, require the carrier to transmit such
identification without change or alteration; and
``(iv) prohibit an operator of an open video system from
omitting television broadcast stations or other unaffiliated
video programming services carried on such system from any
navigational device, guide, or menu.
``(2) Consumer access.--Subject to the requirements of
paragraph (1) and the regulations thereunder, nothing in this
section prohibits a common carrier or its affiliate from
negotiating mutually agreeable terms and conditions with
over-the-air broadcast stations and other unaffiliated video
programming providers to allow consumer access to their
signals on any level or screen of any gateway, menu, or other
program guide, whether provided by the carrier or its
affiliate.
``(c) Reduced Regulatory Burdens for Open Video Systems.--
``(1) In general.--Any provision that applies to a cable
operator under--
``(A) sections 613 (other than subsection (a) thereof),
616, 623(f), 628, 631, and 634 of this title, shall apply,
``(B) sections 611, 614, and 615 of this title, and section
325 of title III, shall apply in accordance with the
regulations prescribed under paragraph (2), and
``(C) sections 612 and 617, and parts III and IV (other
than sections 623(f), 628, 631, and 634), of this title shall
not apply,
to any operator of an open video system for which the
Commission has approved a certification under this section.
``(2) Implementation.--
``(A) Commission action.--In the rulemaking proceeding to
prescribe the regulations required by subsection (b)(1), the
Commission shall, to the extent possible, impose obligations
that are no greater or lesser than the obligations contained
in the provisions described in paragraph (1)(B) of this
subsection. The Commission shall complete all action
(including any reconsideration) to prescribe such regulations
no later than 6 months after the date of enactment of the
Telecommunications Act of 1996.
``(B) Fees.--An operator of an open video system under this
part may be subject to the payment of fees on the gross
revenues of the operator for the provision of cable service
imposed by a local franchising authority or other
governmental entity, in lieu of the franchise fees permitted
under section 622. The rate at which such fees are imposed
shall not exceed the rate at which franchise fees are imposed
on any cable operator transmitting video programming in the
franchise area, as determined in accordance with regulations
prescribed by the Commission. An operator of an open video
system may designate that portion of a subscriber's bill
attributable to the fee under this subparagraph as a separate
item on the bill.
``(3) Regulatory streamlining.--With respect to the
establishment and operation of an open video system, the
requirements of this section shall apply in lieu of, and not
in addition to, the requirements of title II.
``(4) Treatment as cable operator.--Nothing in this Act
precludes a video programming provider making use of a open
video system from being treated as an operator of a cable
system for purposes of section 111 of title 17, United States
Code.
``(d) Definition of Telephone Service Area.--For purposes
of this section, the term `telephone service area' when used
in connection with a common carrier subject in whole or in
part to title II of this Act means the area within which such
carrier is offering telephone exchange service.''.
(b) Conforming and Technical Amendments.--
(1) Repeal.--Subsection (b) of section 613 (47 U.S.C.
533(b)) is repealed.
(2) Definitions.--Section 602 (47 U.S.C. 531) is amended--
(A) in paragraph (7), by striking ``, or (D)'' and
inserting the following: ``, unless the extent of such use is
solely to provide interactive on-demand services; (D) an open
video system that complies with section 653 of this title; or
(E)'';
(B) by redesignating paragraphs (12) through (19) as
paragraphs (13) through (20), respectively; and
(C) by inserting after paragraph (11) the following new
paragraph:
``(12) the term `interactive on-demand services' means a
service providing video programming to subscribers over
switched networks on an on-demand, point-to-point basis, but
does not include services providing video programming
prescheduled by the programming provider;''.
(3) Termination of video-dialtone regulations.--The
Commission's regulations and policies with respect to video
dialtone requirements issued in CC Docket No. 87-266 shall
cease to be effective on the date of enactment of this Act.
This paragraph shall not be construed to require the
termination of any video-dialtone system that the Commission
has approved before the date of enactment of this Act.
SEC. 303. PREEMPTION OF FRANCHISING AUTHORITY REGULATION OF
TELECOMMUNICATIONS SERVICES.
(a) Provision of Telecommunications Services by a Cable
Operator.--Section 621(b) (47 U.S.C. 541(b)) is amended by
adding at the end thereof the following new paragraph:
``(3)(A) If a cable operator or affiliate thereof is
engaged in the provision of telecommunications services--
``(i) such cable operator or affiliate shall not be
required to obtain a franchise under this title for the
provision of telecommunications services; and
``(ii) the provisions of this title shall not apply to such
cable operator or affiliate for the provision of
telecommunications services.
``(B) A franchising authority may not impose any
requirement under this title that has the purpose or effect
of prohibiting, limiting, restricting, or conditioning the
provision of a telecommunications service by a cable operator
or an affiliate thereof.
``(C) A franchising authority may not order a cable
operator or affiliate thereof--
``(i) to discontinue the provision of a telecommunications
service, or
``(ii) to discontinue the operation of a cable system, to
the extent such cable system is used for the provision of a
telecommunications service, by reason of the failure of such
cable operator or affiliate thereof to obtain a franchise or
franchise renewal under this title with respect to the
provision of such telecommunications service.
``(D) Except as otherwise permitted by sections 611 and
612, a franchising authority may not require a cable operator
to provide any telecommunications service or facilities,
other than institutional networks, as a condition of the
initial grant of a franchise, a franchise renewal, or a
transfer of a franchise.''.
(b) Franchise Fees.--Section 622(b) (47 U.S.C. 542(b)) is
amended by inserting ``to provide cable services''
immediately before the period at the end of the first
sentence thereof.
SEC. 304. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES.
Part III of title VI is amended by inserting after section
628 (47 U.S.C. 548) the following new section:
``SEC. 629. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES.
``(a) Commercial Consumer Availability of Equipment Used To
Access Services Provided by Multichannel Video Programming
Distributors.--The Commission shall, in consultation with
appropriate industry standard-setting organizations, adopt
regulations to assure the commercial availability, to
consumers of multichannel video programming and other
services offered over multichannel video programming systems,
of converter boxes, interactive communications equipment, and
other equipment used by consumers to access multichannel
video programming and other services offered over
multichannel video programming systems, from manufacturers,
retailers, and other vendors not affiliated with any
multichannel video programming distributor. Such regulations
shall not prohibit any multichannel video programming
distributor from also offering converter boxes, interactive
communications equipment, and other equipment used by
consumers to access multichannel video programming and other
services offered over multichannel video programming systems,
to consumers, if the system operator's charges to consumers
for such devices and equipment are separately stated and not
subsidized by charges for any such service.
``(b) Protection of System Security.--The Commission shall
not prescribe regulations under subsection (a) which would
jeopardize security of multichannel video programming and
other services offered over multichannel video programming
systems, or impede the legal rights of a provider of such
services to prevent theft of service.
``(c) Waiver.--The Commission shall waive a regulation
adopted under subsection (a) for a limited time upon an
appropriate showing by a provider of multichannel video
programming and other services offered over multichannel
video programming systems, or an equipment provider, that
such waiver is necessary to assist the development or
introduction of a new or improved multichannel video
programming or other service offered over multichannel video
programming systems, technology, or products. Upon an
appropriate showing, the Commission shall grant any such
waiver request within 90 days of any application filed under
this subsection, and such waiver shall be effective for all
service providers and products in that category and for all
providers of services and products.
``(d) Avoidance of Redundant Regulations.--
``(1) Commercial availability determinations.--
Determinations made or regulations prescribed by the
Commission with respect to commercial availability to
consumers of converter boxes, interactive communications
equipment, and other equipment used by consumers to access
multichannel video programming and other services offered
over multichannel video programming systems, before the date
of enactment of the Telecommunications Act of 1996 shall
fulfill the requirements of this section.
``(2) Regulations.--Nothing in this section affects section
64.702(e) of the Commission's regulations (47 C.F.R.
64.702(e)) or other Commission regulations governing
interconnection and competitive provision of customer
premises equipment used in connection with basic common
carrier communications services.
``(e) Sunset.--The regulations adopted under this section
shall cease to apply when the Commission determines that--
``(1) the market for the multichannel video programming
distributors is fully competitive;
``(2) the market for converter boxes, and interactive
communications equipment, used
[[Page 279]]
in conjunction with that service is fully competitive; and
``(3) elimination of the regulations would promote
competition and the public interest.
``(f) Commission's Authority.--Nothing in this section
shall be construed as expanding or limiting any authority
that the Commission may have under law in effect before the
date of enactment of the Telecommunications Act of 1996.''.
SEC. 305. VIDEO PROGRAMMING ACCESSIBILITY.
Title VII is amended by inserting after section 712 (47
U.S.C. 612) the following new section:
``SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.
``(a) Commission Inquiry.--Within 180 days after the date
of enactment of the Telecommunications Act of 1996, the
Federal Communications Commission shall complete an inquiry
to ascertain the level at which video programming is closed
captioned. Such inquiry shall examine the extent to which
existing or previously published programming is closed
captioned, the size of the video programming provider or
programming owner providing closed captioning, the size of
the market served, the relative audience shares achieved, or
any other related factors. The Commission shall submit to the
Congress a report on the results of such inquiry.
``(b) Accountability Criteria.--Within 18 months after such
date of enactment, the Commission shall prescribe such
regulations as are necessary to implement this section. Such
regulations shall ensure that--
``(1) video programming first published or exhibited after
the effective date of such regulations is fully accessible
through the provision of closed captions, except as provided
in subsection (d); and
``(2) video programming providers or owners maximize the
accessibility of video programming first published or
exhibited prior to the effective date of such regulations
through the provision of closed captions, except as provided
in subsection (d).
``(c) Deadlines for Captioning.--Such regulations shall
include an appropriate schedule of deadlines for the
provision of closed captioning of video programming.
``(d) Exemptions.--Notwithstanding subsection (b)--
``(1) the Commission may exempt by regulation programs,
classes of programs, or services for which the Commission has
determined that the provision of closed captioning would be
economically burdensome to the provider or owner of such
programming;
``(2) a provider of video programming or the owner of any
program carried by the provider shall not be obligated to
supply closed captions if such action would be inconsistent
with contracts in effect on the date of enactment of the
Telecommunications Act of 1996, except that nothing in this
section shall be construed to relieve a video programming
provider of its obligations to provide services required by
Federal law; and
``(3) a provider of video programming or program owner may
petition the Commission for an exemption from the
requirements of this section, and the Commission may grant
such petition upon a showing that the requirements contained
in this section would result in an undue burden.
``(e) Undue Burden.--The term `undue burden' means
significant difficulty or expense. In determining whether the
closed captions necessary to comply with the requirements of
this paragraph would result in an undue economic burden, the
factors to be considered include--
``(1) the nature and cost of the closed captions for the
programming;
``(2) the impact on the operation of the provider or
program owner;
``(3) the financial resources of the provider or program
owner; and
``(4) the type of operations of the provider or program
owner.
``(f) Video Descriptions Inquiry.--Within 6 months after
the date of enactment of the Telecommunications Act of 1996,
the Commission shall commence an inquiry to examine the use
of video descriptions on video programming in order to ensure
the accessibility of video programming to persons with visual
impairments, and report to Congress on its findings. The
Commission's report shall assess appropriate methods and
schedules for phasing video descriptions into the
marketplace, technical and quality standards for video
descriptions, a definition of programming for which video
descriptions would apply, and other technical and legal
issues that the Commission deems appropriate.
``(g) Video Description.--For purposes of this section,
`video description' means the insertion of audio narrated
descriptions of a television program's key visual elements
into natural pauses between the program's dialogue.
``(h) Private Rights of Actions Prohibited.--Nothing in
this section shall be construed to authorize any private
right of action to enforce any requirement of this section or
any regulation thereunder. The Commission shall have
exclusive jurisdiction with respect to any complaint under
this section.''.
TITLE IV--REGULATORY REFORM
SEC. 401. REGULATORY FORBEARANCE.
Title I is amended by inserting after section 9 (47 U.S.C.
159) the following new section:
``SEC. 10. COMPETITION IN PROVISION OF TELECOMMUNICATIONS
SERVICE.
``(a) Regulatory flexibility.--Notwithstanding section
332(c)(1)(A) of this Act, the Commission shall forbear from
applying any regulation or any provision of this Act to a
telecommunications carrier or telecommunications service, or
class of telecommunications carriers or telecommunications
services, in any or some of its or their geographic markets,
if the Commission determines that--
``(1) enforcement of such regulation or provision is not
necessary to ensure that the charges, practices,
classifications, or regulations by, for, or in connection
with that telecommunications carrier or telecommunications
service are just and reasonable and are not unjustly or
unreasonably discriminatory;
``(2) enforcement of such regulation or provision is not
necessary for the protection of consumers; and
``(3) forbearance from applying such provision or
regulation is consistent with the public interest.
``(b) Competitive Effect To Be Weighed.--In making the
determination under subsection (a)(3), the Commission shall
consider whether forbearance from enforcing the provision or
regulation will promote competitive market conditions,
including the extent to which such forbearance will enhance
competition among providers of telecommunications services.
If the Commission determines that such forbearance will
promote competition among providers of telecommunications
services, that determination may be the basis for a
Commission finding that forbearance is in the public
interest.
``(c) Petition for Forbearance.--Any telecommunications
carrier, or class of telecommunications carriers, may submit
a petition to the Commission requesting that the Commission
exercise the authority granted under this section with
respect to that carrier or those carriers, or any service
offered by that carrier or carriers. Any such petition shall
be deemed granted if the Commission does not deny the
petition for failure to meet the requirements for forbearance
under subsection (a) within one year after the Commission
receives it, unless the one-year period is extended by the
Commission. The Commission may extend the initial one-year
period by an additional 90 days if the Commission finds that
an extension is necessary to meet the requirements of
subsection (a). The Commission may grant or deny a petition
in whole or in part and shall explain its decision in
writing.
``(d) Limitation.--Except as provided in section 251(f),
the Commission may not forbear from applying the requirements
of section 251(c) or 271 under subsection (a) of this section
until it determines that those requirements have been fully
implemented.
``(e) State Enforcement After Commission Forbearance.--A
State commission may not continue to apply or enforce any
provision of this Act that the Commission has determined to
forbear from applying under subsection (a).''.
SEC. 402. BIENNIAL REVIEW OF REGULATIONS; REGULATORY RELIEF.
(a) Biennial Review.--Title I is amended by inserting after
section 10 (as added by section 401) the following new
section:
``SEC. 11. REGULATORY REFORM.
``(a) Biennial Review of Regulations.--In every even-
numbered year (beginning with 1998), the Commission--
``(1) shall review all regulations issued under this Act in
effect at the time of the review that apply to the operations
or activities of any provider of telecommunications service;
and
``(2) shall determine whether any such regulation is no
longer necessary in the public interest as the result of
meaningful economic competition between providers of such
service.
``(b) Effect of Determination.--The Commission shall repeal
or modify any regulation it determines to be no longer
necessary in the public interest.''.
(b) Regulatory Relief.--
(1) Streamlined procedures for changes in charges,
classifications, regulations, or practices.--
(A) Section 204(a) (47 U.S.C. 204(a)) is amended--
(i) by striking ``12 months'' the first place it appears in
paragraph (2)(A) and inserting ``5 months'';
(ii) by striking ``effective,'' and all that follows in
paragraph (2)(A) and inserting ``effective.''; and
(iii) by adding at the end thereof the following:
``(3) A local exchange carrier may file with the Commission
a new or revised charge, classification, regulation, or
practice on a streamlined basis. Any such charge,
classification, regulation, or practice shall be deemed
lawful and shall be effective 7 days (in the case of a
reduction in rates) or 15 days (in the case of an increase in
rates) after the date on which it is filed with the
Commission unless the Commission takes action under paragraph
(1) before the end of that 7-day or 15-day period, as is
appropriate.''.
(B) Section 208(b) (47 U.S.C. 208(b)) is amended--
(i) by striking ``12 months'' the first place it appears in
paragraph (1) and inserting ``5 months''; and
(ii) by striking ``filed,'' and all that follows in
paragraph (1) and inserting ``filed.''.
(2) Extensions of lines under section 214; armis reports.--
The Commission shall permit any common carrier--
(A) to be exempt from the requirements of section 214 of
the Communications Act of 1934 for the extension of any line;
and
(B) to file cost allocation manuals and ARMIS reports
annually, to the extent such
[[Page 280]]
carrier is required to file such manuals or reports.
(3) Forbearance authority not limited.--Nothing in this
subsection shall be construed to limit the authority of the
Commission to waive, modify, or forbear from applying any of
the requirements to which reference is made in paragraph (1)
under any other provision of this Act or other law.
(4) Effective date of amendments.--The amendments made by
paragraph (1) of this subsection shall apply with respect to
any charge, classification, regulation, or practice filed on
or after one year after the date of enactment of this Act.
(c) Classification of Carriers.--In classifying carriers
according to section 32.11 of its regulations (47 C.F.R.
32.11) and in establishing reporting requirements pursuant to
part 43 of its regulations (47 C.F.R. part 43) and section
64.903 of its regulations (47 C.F.R. 64.903), the Commission
shall adjust the revenue requirements to account for
inflation as of the release date of the Commission's Report
and Order in CC Docket No. 91-141, and annually thereafter.
This subsection shall take effect on the date of enactment of
this Act.
SEC. 403. ELIMINATION OF UNNECESSARY COMMISSION REGULATIONS
AND FUNCTIONS.
(a) Modification of Amateur Radio Examination Procedures.--
Section 4(f)(4) (47 U.S.C. 154(f)(4)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or administering'' after ``for purposes
of preparing'';
(B) by inserting ``of'' after ``than the class''; and
(C) by inserting ``or administered'' after ``for which the
examination is being prepared'';
(2) by striking subparagraph (B);
(3) in subparagraph (H), by striking ``(A), (B), and (C)''
and inserting ``(A) and (B)'';
(4) in subparagraph (J)--
(A) by striking ``or (B)''; and
(B) by striking the last sentence; and
(5) by redesignating subparagraphs (C) through (J) as
subparagraphs (B) through (I), respectively.
(b) Authority To Designate Entities To Inspect.--Section
4(f)(3) (47 U.S.C. 154(f)(3)) is amended by inserting before
the period at the end the following: ``: And provided
further, That, in the alternative, an entity designated by
the Commission may make the inspections referred to in this
paragraph''.
(c) Expediting Instructional Television Fixed Service
Processing.--Section 5(c)(1) (47 U.S.C. 155(c)(1)) is amended
by striking the last sentence and inserting the following:
``Except for cases involving the authorization of service in
the instructional television fixed service, or as otherwise
provided in this Act, nothing in this paragraph shall
authorize the Commission to provide for the conduct, by any
person or persons other than persons referred to in paragraph
(2) or (3) of section 556(b) of title 5, United States Code,
of any hearing to which such section applies.''.
(d) Repeal Setting of Depreciation Rates.--The first
sentence of section 220(b) (47 U.S.C. 220(b)) is amended by
striking ``shall prescribe for such carriers'' and inserting
``may prescribe, for such carriers as it determines to be
appropriate,''.
(e) Use of Independent Auditors.--Section 220(c) (47 U.S.C.
220(c)) is amended by adding at the end thereof the
following: ``The Commission may obtain the services of any
person licensed to provide public accounting services under
the law of any State to assist with, or conduct, audits under
this section. While so employed or engaged in conducting an
audit for the Commission under this section, any such person
shall have the powers granted the Commission under this
subsection and shall be subject to subsection (f) in the same
manner as if that person were an employee of the
Commission.''.
(f) Delegation of Equipment Testing and Certification to
Private Laboratories.--Section 302 (47 U.S.C. 302) is amended
by adding at the end the following:
``(e) The Commission may--
``(1) authorize the use of private organizations for
testing and certifying the compliance of devices or home
electronic equipment and systems with regulations promulgated
under this section;
``(2) accept as prima facie evidence of such compliance the
certification by any such organization; and
``(3) establish such qualifications and standards as it
deems appropriate for such private organizations, testing,
and certification.''.
(g) Making License Modification Uniform.--Section 303(f)
(47 U.S.C. 303(f)) is amended by striking ``unless, after a
public hearing,'' and inserting ``unless''.
(h) Eliminate FCC Jurisdiction Over Government-Owned Ship
Radio Stations.--
(1) Section 305 (47 U.S.C. 305) is amended by striking
subsection (b) and redesignating subsections (c) and (d) as
(b) and (c), respectively.
(2) Section 382(2) (47 U.S.C. 382(2)) is amended by
striking ``except a vessel of the United States Maritime
Administration, the Inland and Coastwise Waterways Service,
or the Panama Canal Company,''.
(i) Permit Operation of Domestic Ship and Aircraft Radios
Without License.--Section 307(e) (47 U.S.C. 307(e)) is
amended to read as follows:
``(e)(1) Notwithstanding any license requirement
established in this Act, if the Commission determines that
such authorization serves the public interest, convenience,
and necessity, the Commission may by rule authorize the
operation of radio stations without individual licenses in
the following radio services: (A) the citizens band radio
service; (B) the radio control service; (C) the aviation
radio service for aircraft stations operated on domestic
flights when such aircraft are not otherwise required to
carry a radio station; and (D) the maritime radio service for
ship stations navigated on domestic voyages when such ships
are not otherwise required to carry a radio station.
``(2) Any radio station operator who is authorized by the
Commission to operate without an individual license shall
comply with all other provisions of this Act and with rules
prescribed by the Commission under this Act.
``(3) For purposes of this subsection, the terms `citizens
band radio service', `radio control service', `aircraft
station' and `ship station' shall have the meanings given
them by the Commission by rule.''.
(j) Expedited Licensing for Fixed Microwave Service.--
Section 309(b)(2) (47 U.S.C. 309(b)(2)) is amended by
striking subparagraph (A) and redesignating subparagraphs (B)
through (G) as subparagraphs (A) through (F), respectively.
(k) Foreign Directors.--Section 310(b) (47 U.S.C. 310(b))
is amended--
(1) in paragraph (3), by striking ``of which any officer or
director is an alien or''; and
(2) in paragraph (4), by striking ``of which any officer or
more than one-fourth of the directors are aliens, or''.
(l) Limitation on Silent Station Authorizations.--Section
312 (47 U.S.C. 312) is amended by adding at the end the
following:
``(g) If a broadcasting station fails to transmit broadcast
signals for any consecutive 12-month period, then the station
license granted for the operation of that broadcast station
expires at the end of that period, notwithstanding any
provision, term, or condition of the license to the
contrary.''.
(m) Modification of Construction Permit Requirement.--
Section 319(d) is amended by striking the last two sentences
and inserting the following: ``With respect to any
broadcasting station, the Commission shall not have any
authority to waive the requirement of a permit for
construction, except that the Commission may by regulation
determine that a permit shall not be required for minor
changes in the facilities of authorized broadcast stations.
With respect to any other station or class of stations, the
Commission shall not waive the requirement for a construction
permit unless the Commission determines that the public
interest, convenience, and necessity would be served by such
a waiver.''.
(n) Conduct of Inspections.--Section 362(b) (47 U.S.C.
362(b)) is amended to read as follows:
``(b) Every ship of the United States that is subject to
this part shall have the equipment and apparatus prescribed
therein inspected at least once each year by the Commission
or an entity designated by the Commission. If, after such
inspection, the Commission is satisfied that all relevant
provisions of this Act and the station license have been
complied with, the fact shall be so certified on the station
license by the Commission. The Commission shall make such
additional inspections at frequent intervals as the
Commission determines may be necessary to ensure compliance
with the requirements of this Act. The Commission may, upon a
finding that the public interest could be served thereby--
``(1) waive the annual inspection required under this
section for a period of up to 90 days for the sole purpose of
enabling a vessel to complete its voyage and proceed to a
port in the United States where an inspection can be held; or
``(2) waive the annual inspection required under this
section for a vessel that is in compliance with the radio
provisions of the Safety Convention and that is operating
solely in waters beyond the jurisdiction of the United
States, provided that such inspection shall be performed
within 30 days of such vessel's return to the United
States.''.
(o) Inspection by Other Entities.--Section 385 (47 U.S.C.
385) is amended--
(1) by inserting ``or an entity designated by the
Commission'' after ``The Commission''; and
(2) by adding at the end thereof the following: ``In
accordance with such other provisions of law as apply to
Government contracts, the Commission may enter into contracts
with any person for the purpose of carrying out such
inspections and certifying compliance with those
requirements, and may, as part of any such contract, allow
any such person to accept reimbursement from the license
holder for travel and expense costs of any employee
conducting an inspection or certification.''.
TITLE V--OBSCENITY AND VIOLENCE
Subtitle A--Obscene, Harassing, and Wrongful Utilization of
Telecommunications Facilities
SEC. 501. SHORT TITLE.
This title may be cited as the ``Communications Decency Act
of 1996''.
SEC. 502. OBSCENE OR HARASSING USE OF TELECOMMUNICATIONS
FACILITIES UNDER THE COMMUNICATIONS ACT OF
1934.
Section 223 (47 U.S.C. 223) is amended--
(1) by striking subsection (a) and inserting in lieu
thereof:
``(a) Whoever--
``(1) in interstate or foreign communications--
``(A) by means of a telecommunications device knowingly--
``(i) makes, creates, or solicits, and
[[Page 281]]
``(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other
communication which is obscene, lewd, lascivious, filthy, or
indecent, with intent to annoy, abuse, threaten, or harass
another person;
``(B) by means of a telecommunications device knowingly--
``(i) makes, creates, or solicits, and
``(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other
communication which is obscene or indecent, knowing that the
recipient of the communication is under 18 years of age,
regardless of whether the maker of such communication placed
the call or initiated the communication;
``(C) makes a telephone call or utilizes a
telecommunications device, whether or not conversation or
communication ensues, without disclosing his identity and
with intent to annoy, abuse, threaten, or harass any person
at the called number or who receives the communications;
``(D) makes or causes the telephone of another repeatedly
or continuously to ring, with intent to harass any person at
the called number; or
``(E) makes repeated telephone calls or repeatedly
initiates communication with a telecommunications device,
during which conversation or communication ensues, solely to
harass any person at the called number or who receives the
communication; or
``(2) knowingly permits any telecommunications facility
under his control to be used for any activity prohibited by
paragraph (1) with the intent that it be used for such
activity,
shall be fined under title 18, United States Code, or
imprisoned not more than two years, or both.''; and
(2) by adding at the end the following new subsections:
``(d) Whoever--
``(1) in interstate or foreign communications knowingly--
``(A) uses an interactive computer service to send to a
specific person or persons under 18 years of age, or
``(B) uses any interactive computer service to display in a
manner available to a person under 18 years of age,
any comment, request, suggestion, proposal, image, or other
communication that, in context, depicts or describes, in
terms patently offensive as measured by contemporary
community standards, sexual or excretory activities or
organs, regardless of whether the user of such service placed
the call or initiated the communication; or
``(2) knowingly permits any telecommunications facility
under such person's control to be used for an activity
prohibited by paragraph (1) with the intent that it be used
for such activity,
shall be fined under title 18, United States Code, or
imprisoned not more than two years, or both.
``(e) In addition to any other defenses available by law:
``(1) No person shall be held to have violated subsection
(a) or (d) solely for providing access or connection to or
from a facility, system, or network not under that person's
control, including transmission, downloading, intermediate
storage, access software, or other related capabilities that
are incidental to providing such access or connection that
does not include the creation of the content of the
communication.
``(2) The defenses provided by paragraph (1) of this
subsection shall not be applicable to a person who is a
conspirator with an entity actively involved in the creation
or knowing distribution of communications that violate this
section, or who knowingly advertises the availability of such
communications.
``(3) The defenses provided in paragraph (1) of this
subsection shall not be applicable to a person who provides
access or connection to a facility, system, or network
engaged in the violation of this section that is owned or
controlled by such person.
``(4) No employer shall be held liable under this section
for the actions of an employee or agent unless the employee's
or agent's conduct is within the scope of his or her
employment or agency and the employer (A) having knowledge of
such conduct, authorizes or ratifies such conduct, or (B)
recklessly disregards such conduct.
``(5) It is a defense to a prosecution under subsection
(a)(1)(B) or (d), or under subsection (a)(2) with respect to
the use of a facility for an activity under subsection
(a)(1)(B) that a person--
``(A) has taken, in good faith, reasonable, effective, and
appropriate actions under the circumstances to restrict or
prevent access by minors to a communication specified in such
subsections, which may involve any appropriate measures to
restrict minors from such communications, including any
method which is feasible under available technology; or
``(B) has restricted access to such communication by
requiring use of a verified credit card, debit account, adult
access code, or adult personal identification number.
``(6) The Commission may describe measures which are
reasonable, effective, and appropriate to restrict access to
prohibited communications under subsection (d). Nothing in
this section authorizes the Commission to enforce, or is
intended to provide the Commission with the authority to
approve, sanction, or permit, the use of such measures. The
Commission shall have no enforcement authority over the
failure to utilize such measures. The Commission shall not
endorse specific products relating to such measures. The use
of such measures shall be admitted as evidence of good faith
efforts for purposes of paragraph (5) in any action arising
under subsection (d). Nothing in this section shall be
construed to treat interactive computer services as common
carriers or telecommunications carriers.
``(f)(1) No cause of action may be brought in any court or
administrative agency against any person on account of any
activity that is not in violation of any law punishable by
criminal or civil penalty, and that the person has taken in
good faith to implement a defense authorized under this
section or otherwise to restrict or prevent the transmission
of, or access to, a communication specified in this section.
``(2) No State or local government may impose any liability
for commercial activities or actions by commercial entities,
nonprofit libraries, or institutions of higher education in
connection with an activity or action described in subsection
(a)(2) or (d) that is inconsistent with the treatment of
those activities or actions under this section: Provided,
however, That nothing herein shall preclude any State or
local government from enacting and enforcing complementary
oversight, liability, and regulatory systems, procedures, and
requirements, so long as such systems, procedures, and
requirements govern only intrastate services and do not
result in the imposition of inconsistent rights, duties or
obligations on the provision of interstate services. Nothing
in this subsection shall preclude any State or local
government from governing conduct not covered by this
section.
``(g) Nothing in subsection (a), (d), (e), or (f) or in the
defenses to prosecution under (a) or (d) shall be construed
to affect or limit the application or enforcement of any
other Federal law.
``(h) For purposes of this section--
``(1) The use of the term `telecommunications device' in
this section--
``(A) shall not impose new obligations on broadcasting
station licensees and cable operators covered by obscenity
and indecency provisions elsewhere in this Act; and
``(B) does not include an interactive computer service.
``(2) The term `interactive computer service' has the
meaning provided in section 230(e)(2).
``(3) The term `access software' means software (including
client or server software) or enabling tools that do not
create or provide the content of the communication but that
allow a user to do any one or more of the following:
``(A) filter, screen, allow, or disallow content;
``(B) pick, choose, analyze, or digest content; or
``(C) transmit, receive, display, forward, cache, search,
subset, organize, reorganize, or translate content.
``(4) The term `institution of higher education' has the
meaning provided in section 1201 of the Higher Education Act
of 1965 (20 U.S.C. 1141).
``(5) The term `library' means a library eligible for
participation in State-based plans for funds under title III
of the Library Services and Construction Act (20 U.S.C. 355e
et seq.).''.
SEC. 503. OBSCENE PROGRAMMING ON CABLE TELEVISION.
Section 639 (47 U.S.C. 559) is amended by striking ``not
more than $10,000'' and inserting ``under title 18, United
States Code,''.
SEC. 504. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
Part IV of title VI (47 U.S. C. 551 et seq.) is amended by
adding at the end the following:
``SEC. 640. SCRAMBLING OF CABLE CHANNELS FOR NONSUBSCRIBERS.
``(a) Subscriber Request.--Upon request by a cable service
subscriber, a cable operator shall, without charge, fully
scramble or otherwise fully block the audio and video
programming of each channel carrying such programming so that
one not a subscriber does not receive it.
``(b) Definition.--As used in this section, the term
`scramble' means to rearrange the content of the signal of
the programming so that the programming cannot be viewed or
heard in an understandable manner.''.
SEC. 505. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO SERVICE
PROGRAMMING.
(a) Requirement.--Part IV of title VI (47 U.S.C. 551 et
seq.), as amended by this Act, is further amended by adding
at the end the following:
``SEC. 641. SCRAMBLING OF SEXUALLY EXPLICIT ADULT VIDEO
SERVICE PROGRAMMING.
``(a) Requirement.--In providing sexually explicit adult
programming or other programming that is indecent on any
channel of its service primarily dedicated to sexually-
oriented programming, a multichannel video programming
distributor shall fully scramble or otherwise fully block the
video and audio portion of such channel so that one not a
subscriber to such channel or programming does not receive
it.
``(b) Implementation.--Until a multichannel video
programming distributor complies with the requirement set
forth in subsection (a), the distributor shall limit the
access of children to the programming referred to in that
subsection by not providing such programming during the hours
of the day (as determined by the Commission) when a
significant number of children are likely to view it.
``(c) Definition.--As used in this section, the term
`scramble' means to rearrange the
[[Page 282]]
content of the signal of the programming so that the
programming cannot be viewed or heard in an understandable
manner.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 30 days after the date of enactment of this
Act.
SEC. 506. CABLE OPERATOR REFUSAL TO CARRY CERTAIN PROGRAMS.
(a) Public, Educational, and Governmental Channels.--
Section 611(e) (47 U.S.C. 531(e)) is amended by inserting
before the period the following: ``, except a cable operator
may refuse to transmit any public access program or portion
of a public access program which contains obscenity,
indecency, or nudity''.
(b) Cable Channels for Commercial Use.--Section 612(c)(2)
(47 U.S.C. 532(c)(2)) is amended by striking ``an operator''
and inserting ``a cable operator may refuse to transmit any
leased access program or portion of a leased access program
which contains obscenity, indecency, or nudity and''.
SEC. 507. CLARIFICATION OF CURRENT LAWS REGARDING
COMMUNICATION OF OBSCENE MATERIALS THROUGH THE
USE OF COMPUTERS.
(a) Importation or Transportation.--Section 1462 of title
18, United States Code, is amended--
(1) in the first undesignated paragraph, by inserting ``or
interactive computer service (as defined in section 230(e)(2)
of the Communications Act of 1934)'' after ``carrier''; and
(2) in the second undesignated paragraph--
(A) by inserting ``or receives,'' after ``takes'';
(B) by inserting ``or interactive computer service (as
defined in section 230(e)(2) of the Communications Act of
1934)'' after ``common carrier''; and
(C) by inserting ``or importation'' after ``carriage''.
(b) Transportation for Purposes of Sale or Distribution.--
The first undesignated paragraph of section 1465 of title 18,
United States Code, is amended--
(1) by striking ``transports in'' and inserting
``transports or travels in, or uses a facility or means
of,'';
(2) by inserting ``or an interactive computer service (as
defined in section 230(e)(2) of the Communications Act of
1934) in or affecting such commerce'' after ``foreign
commerce'' the first place it appears;
(3) by striking ``, or knowingly travels in'' and all that
follows through ``obscene material in interstate or foreign
commerce,'' and inserting ``of''.
(c) Interpretation.--The amendments made by this section
are clarifying and shall not be interpreted to limit or
repeal any prohibition contained in sections 1462 and 1465 of
title 18, United States Code, before such amendment, under
the rule established in United States v. Alpers, 338 U.S. 680
(1950).
SEC. 508. COERCION AND ENTICEMENT OF MINORS.
Section 2422 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever knowingly''; and
(2) by adding at the end the following:
``(b) Whoever, using any facility or means of interstate or
foreign commerce, including the mail, or within the special
maritime and territorial jurisdiction of the United States,
knowingly persuades, induces, entices, or coerces any
individual who has not attained the age of 18 years to engage
in prostitution or any sexual act for which any person may be
criminally prosecuted, or attempts to do so, shall be fined
under this title or imprisoned not more than 10 years, or
both.''.
SEC. 509. ONLINE FAMILY EMPOWERMENT.
Title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.) is amended by adding at the end the following new
section:
``SEC. 230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF
OFFENSIVE MATERIAL.
``(a) Findings.--The Congress finds the following:
``(1) The rapidly developing array of Internet and other
interactive computer services available to individual
Americans represent an extraordinary advance in the
availability of educational and informational resources to
our citizens.
``(2) These services offer users a great degree of control
over the information that they receive, as well as the
potential for even greater control in the future as
technology develops.
``(3) The Internet and other interactive computer services
offer a forum for a true diversity of political discourse,
unique opportunities for cultural development, and myriad
avenues for intellectual activity.
``(4) The Internet and other interactive computer services
have flourished, to the benefit of all Americans, with a
minimum of government regulation.
``(5) Increasingly Americans are relying on interactive
media for a variety of political, educational, cultural, and
entertainment services.
``(b) Policy.--It is the policy of the United States--
``(1) to promote the continued development of the Internet
and other interactive computer services and other interactive
media;
``(2) to preserve the vibrant and competitive free market
that presently exists for the Internet and other interactive
computer services, unfettered by Federal or State regulation;
``(3) to encourage the development of technologies which
maximize user control over what information is received by
individuals, families, and schools who use the Internet and
other interactive computer services;
``(4) to remove disincentives for the development and
utilization of blocking and filtering technologies that
empower parents to restrict their children's access to
objectionable or inappropriate online material; and
``(5) to ensure vigorous enforcement of Federal criminal
laws to deter and punish trafficking in obscenity, stalking,
and harassment by means of computer.
``(c) Protection for `Good Samaritan' Blocking and
Screening of Offensive Material.--
``(1) Treatment of publisher or speaker.--No provider or
user of an interactive computer service shall be treated as
the publisher or speaker of any information provided by
another information content provider.
``(2) Civil liability.--No provider or user of an
interactive computer service shall be held liable on account
of--
``(A) any action voluntarily taken in good faith to
restrict access to or availability of material that the
provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise
objectionable, whether or not such material is
constitutionally protected; or
``(B) any action taken to enable or make available to
information content providers or others the technical means
to restrict access to material described in paragraph (1).
``(d) Effect on Other Laws.--
``(1) No effect on criminal law.--Nothing in this section
shall be construed to impair the enforcement of section 223
of this Act, chapter 71 (relating to obscenity) or 110
(relating to sexual exploitation of children) of title 18,
United States Code, or any other Federal criminal statute.
``(2) No effect on intellectual property law.--Nothing in
this section shall be construed to limit or expand any law
pertaining to intellectual property.
``(3) State law.--Nothing in this section shall be
construed to prevent any State from enforcing any State law
that is consistent with this section. No cause of action may
be brought and no liability may be imposed under any State or
local law that is inconsistent with this section.
``(4) No effect on communications privacy law.--Nothing in
this section shall be construed to limit the application of
the Electronic Communications Privacy Act of 1986 or any of
the amendments made by such Act, or any similar State law.
``(e) Definitions.--As used in this section:
``(1) Internet.--The term `Internet' means the
international computer network of both Federal and non-
Federal interoperable packet switched data networks.
``(2) Interactive computer service.--The term `interactive
computer service' means any information service, system, or
access software provider that provides or enables computer
access by multiple users to a computer server, including
specifically a service or system that provides access to the
Internet and such systems operated or services offered by
libraries or educational institutions.
``(3) Information content provider.--The term `information
content provider' means any person or entity that is
responsible, in whole or in part, for the creation or
development of information provided through the Internet or
any other interactive computer service.
``(4) Access software provider.--The term `access software
provider' means a provider of software (including client or
server software), or enabling tools that do any one or more
of the following:
``(A) filter, screen, allow, or disallow content;
``(B) pick, choose, analyze, or digest content; or
``(C) transmit, receive, display, forward, cache, search,
subset, organize, reorganize, or translate content.''.
Subtitle B--Violence
SEC. 551. PARENTAL CHOICE IN TELEVISION PROGRAMMING.
(a) Findings.--The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in
society.
(2) Television station operators, cable television system
operators, and video programmers should follow practices in
connection with video programming that take into
consideration that television broadcast and cable programming
has established a uniquely pervasive presence in the lives of
American children.
(3) The average American child is exposed to 25 hours of
television each week and some children are exposed to as much
as 11 hours of television a day.
(4) Studies have shown that children exposed to violent
video programming at a young age have a higher tendency for
violent and aggressive behavior later in life than children
not so exposed, and that children exposed to violent video
programming are prone to assume that acts of violence are
acceptable behavior.
(5) Children in the United States are, on average, exposed
to an estimated 8,000 murders and 100,000 acts of violence on
television by the time the child completes elementary school.
(6) Studies indicate that children are affected by the
pervasiveness and casual treatment of sexual material on
television, eroding the ability of parents to develop
responsible attitudes and behavior in their children.
(7) Parents express grave concern over violent and sexual
video programming and strongly support technology that would
give
[[Page 283]]
them greater control to block video programming in the home
that they consider harmful to their children.
(8) There is a compelling governmental interest in
empowering parents to limit the negative influences of video
programming that is harmful to children.
(9) Providing parents with timely information about the
nature of upcoming video programming and with the
technological tools that allow them easily to block violent,
sexual, or other programming that they believe harmful to
their children is a nonintrusive and narrowly tailored means
of achieving that compelling governmental interest.
(b) Establishment of Television Rating Code.--
(1) Amendment.--Section 303 (47 U.S.C. 303) is amended by
adding at the end the following:
``(w) Prescribe--
``(1) on the basis of recommendations from an advisory
committee established by the Commission in accordance with
section 551(b)(2) of the Telecommunications Act of 1996,
guidelines and recommended procedures for the identification
and rating of video programming that contains sexual,
violent, or other indecent material about which parents
should be informed before it is displayed to children,
provided that nothing in this paragraph shall be construed to
authorize any rating of video programming on the basis of its
political or religious content; and
``(2) with respect to any video programming that has been
rated, and in consultation with the television industry,
rules requiring distributors of such video programming to
transmit such rating to permit parents to block the display
of video programming that they have determined is
inappropriate for their children.''.
(2) Advisory committee requirements.--In establishing an
advisory committee for purposes of the amendment made by
paragraph (1) of this subsection, the Commission shall--
(A) ensure that such committee is composed of parents,
television broadcasters, television programming producers,
cable operators, appropriate public interest groups, and
other interested individuals from the private sector and is
fairly balanced in terms of political affiliation, the points
of view represented, and the functions to be performed by the
committee;
(B) provide to the committee such staff and resources as
may be necessary to permit it to perform its functions
efficiently and promptly; and
(C) require the committee to submit a final report of its
recommendations within one year after the date of the
appointment of the initial members.
(c) Requirement for Manufacture of Televisions That Block
Programs.--Section 303 (47 U.S.C. 303), as amended by
subsection (a), is further amended by adding at the end the
following:
``(x) Require, in the case of an apparatus designed to
receive television signals that are shipped in interstate
commerce or manufactured in the United States and that have a
picture screen 13 inches or greater in size (measured
diagonally), that such apparatus be equipped with a feature
designed to enable viewers to block display of all programs
with a common rating, except as otherwise permitted by
regulations pursuant to section 330(c)(4).''.
(d) Shipping of Televisions That Block Programs.--
(1) Regulations.--Section 330 (47 U.S.C. 330) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by adding after subsection (b) the following new
subsection (c):
``(c)(1) Except as provided in paragraph (2), no person
shall ship in interstate commerce or manufacture in the
United States any apparatus described in section 303(x) of
this Act except in accordance with rules prescribed by the
Commission pursuant to the authority granted by that section.
``(2) This subsection shall not apply to carriers
transporting apparatus referred to in paragraph (1) without
trading in it.
``(3) The rules prescribed by the Commission under this
subsection shall provide for the oversight by the Commission
of the adoption of standards by industry for blocking
technology. Such rules shall require that all such apparatus
be able to receive the rating signals which have been
transmitted by way of line 21 of the vertical blanking
interval and which conform to the signal and blocking
specifications established by industry under the supervision
of the Commission.
``(4) As new video technology is developed, the Commission
shall take such action as the Commission determines
appropriate to ensure that blocking service continues to be
available to consumers. If the Commission determines that an
alternative blocking technology exists that--
``(A) enables parents to block programming based on
identifying programs without ratings,
``(B) is available to consumers at a cost which is
comparable to the cost of technology that allows parents to
block programming based on common ratings, and
``(C) will allow parents to block a broad range of programs
on a multichannel system as effectively and as easily as
technology that allows parents to block programming based on
common ratings,
the Commission shall amend the rules prescribed pursuant to
section 303(x) to require that the apparatus described in
such section be equipped with either the blocking technology
described in such section or the alternative blocking
technology described in this paragraph.''.
(2) Conforming amendment.--Section 330(d), as redesignated
by subsection (d)(1)(A), is amended by striking ``section
303(s), and section 303(u)'' and inserting in lieu thereof
``and sections 303(s), 303(u), and 303(x)''.
(e) Applicability and Effective Dates.--
(1) Applicability of rating provision.--The amendment made
by subsection (b) of this section shall take effect 1 year
after the date of enactment of this Act, but only if the
Commission determines, in consultation with appropriate
public interest groups and interested individuals from the
private sector, that distributors of video programming have
not, by such date--
(A) established voluntary rules for rating video
programming that contains sexual, violent, or other indecent
material about which parents should be informed before it is
displayed to children, and such rules are acceptable to the
Commission; and
(B) agreed voluntarily to broadcast signals that contain
ratings of such programming.
(2) Effective date of manufacturing provision.--In
prescribing regulations to implement the amendment made by
subsection (c), the Federal Communications Commission shall,
after consultation with the television manufacturing
industry, specify the effective date for the applicability of
the requirement to the apparatus covered by such amendment,
which date shall not be less than two years after the date of
enactment of this Act.
SEC. 552. TECHNOLOGY FUND.
It is the policy of the United States to encourage
broadcast television, cable, satellite, syndication, other
video programming distributors, and relevant related
industries (in consultation with appropriate public interest
groups and interested individuals from the private sector)
to--
(1) establish a technology fund to encourage television and
electronics equipment manufacturers to facilitate the
development of technology which would empower parents to
block programming they deem inappropriate for their children
and to encourage the availability thereof to low income
parents;
(2) report to the viewing public on the status of the
development of affordable, easy to use blocking technology;
and
(3) establish and promote effective procedures, standards,
systems, advisories, or other mechanisms for ensuring that
users have easy and complete access to the information
necessary to effectively utilize blocking technology and to
encourage the availability thereof to low income parents.
Subtitle C--Judicial Review
SEC. 561. EXPEDITED REVIEW.
(a) Three-Judge District Court Hearing.--Notwithstanding
any other provision of law, any civil action challenging the
constitutionality, on its face, of this title or any
amendment made by this title, or any provision thereof, shall
be heard by a district court of 3 judges convened pursuant to
the provisions of section 2284 of title 28, United States
Code.
(b) Appellate Review.--Notwithstanding any other provision
of law, an interlocutory or final judgment, decree, or order
of the court of 3 judges in an action under subsection (a)
holding this title or an amendment made by this title, or any
provision thereof, unconstitutional shall be reviewable as a
matter of right by direct appeal to the Supreme Court. Any
such appeal shall be filed not more than 20 days after entry
of such judgment, decree, or order.
TITLE VI--EFFECT ON OTHER LAWS
SEC. 601. APPLICABILITY OF CONSENT DECREES AND OTHER LAW.
(a) Applicability of Amendments to Future Conduct.--
(1) AT&T consent decree.--Any conduct or activity that was,
before the date of enactment of this Act, subject to any
restriction or obligation imposed by the AT&T Consent Decree
shall, on and after such date, be subject to the restrictions
and obligations imposed by the Communications Act of 1934 as
amended by this Act and shall not be subject to the
restrictions and the obligations imposed by such Consent
Decree.
(2) GTE consent decree.--Any conduct or activity that was,
before the date of enactment of this Act, subject to any
restriction or obligation imposed by the GTE Consent Decree
shall, on and after such date, be subject to the restrictions
and obligations imposed by the Communications Act of 1934 as
amended by this Act and shall not be subject to the
restrictions and the obligations imposed by such Consent
Decree.
(3) McCaw consent decree.--Any conduct or activity that
was, before the date of enactment of this Act, subject to any
restriction or obligation imposed by the McCaw Consent Decree
shall, on and after such date, be subject to the restrictions
and obligations imposed by the Communications Act of 1934 as
amended by this Act and subsection (d) of this section and
shall not be subject to the restrictions and the obligations
imposed by such Consent Decree.
(b) Antitrust Laws.--
(1) Savings clause.--Except as provided in paragraphs (2)
and (3), nothing in this Act or the amendments made by this
Act shall be construed to modify, impair, or supersede the
applicability of any of the antitrust laws.
(2) Repeal.--Subsection (a) of section 221 (47 U.S.C.
221(a)) is repealed.
[[Page 284]]
(3) Clayton act.--Section 7 of the Clayton Act (15 U.S.C.
18) is amended in the last paragraph by striking ``Federal
Communications Commission,''.
(c) Federal, State, and Local Law.--
(1) No implied effect.--This Act and the amendments made by
this Act shall not be construed to modify, impair, or
supersede Federal, State, or local law unless expressly so
provided in such Act or amendments.
(2) State tax savings provision.--Notwithstanding paragraph
(1), nothing in this Act or the amendments made by this Act
shall be construed to modify, impair, or supersede, or
authorize the modification, impairment, or supersession of,
any State or local law pertaining to taxation, except as
provided in sections 622 and 653(c) of the Communications Act
of 1934 and section 602 of this Act.
(d) Commercial Mobile Service Joint Marketing.--
Notwithstanding section 22.903 of the Commission's
regulations (47 C.F.R. 22.903) or any other Commission
regulation, a Bell operating company or any other company
may, except as provided in sections 271(e)(1) and 272 of the
Communications Act of 1934 as amended by this Act as they
relate to wireline service, jointly market and sell
commercial mobile services in conjunction with telephone
exchange service, exchange access, intraLATA
telecommunications service, interLATA telecommunications
service, and information services.
(e) Definitions.--As used in this section:
(1) AT&T consent decree.--The term ``AT&T Consent Decree''
means the order entered August 24, 1982, in the antitrust
action styled United States v. Western Electric, Civil Action
No. 82-0192, in the United States District Court for the
District of Columbia, and includes any judgment or order with
respect to such action entered on or after August 24, 1982.
(2) GTE consent decree.--The term ``GTE Consent Decree''
means the order entered December 21, 1984, as restated
January 11, 1985, in the action styled United States v. GTE
Corp., Civil Action No. 83-1298, in the United States
District Court for the District of Columbia, and any judgment
or order with respect to such action entered on or after
December 21, 1984.
(3) McCaw consent decree.--The term ``McCaw Consent
Decree'' means the proposed consent decree filed on July 15,
1994, in the antitrust action styled United States v. AT&T
Corp. and McCaw Cellular Communications, Inc., Civil Action
No. 94-01555, in the United States District court for the
District of Columbia. Such term includes any stipulation that
the parties will abide by the terms of such proposed consent
decree until it is entered and any order entering such
proposed consent decree.
(4) Antitrust laws.--The term ``antitrust laws'' has the
meaning given it in subsection (a) of the first section of
the Clayton Act (15 U.S.C. 12(a)), except that such term
includes the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C.
13 et seq.), commonly known as the Robinson-Patman Act, and
section 5 of the Federal Trade Commission Act (15 U.S.C. 45)
to the extent that such section 5 applies to unfair methods
of competition.
SEC. 602. PREEMPTION OF LOCAL TAXATION WITH RESPECT TO
DIRECT-TO-HOME SERVICES.
(a) Preemption.--A provider of direct-to-home satellite
service shall be exempt from the collection or remittance, or
both, of any tax or fee imposed by any local taxing
jurisdiction on direct-to-home satellite service.
(b) Definitions.--For the purposes of this section--
(1) Direct-to-home satellite service.--The term ``direct-
to-home satellite service'' means only programming
transmitted or broadcast by satellite directly to the
subscribers' premises without the use of ground receiving or
distribution equipment, except at the subscribers' premises
or in the uplink process to the satellite.
(2) Provider of direct-to-home satellite service.--For
purposes of this section, a ``provider of direct-to-home
satellite service'' means a person who transmits, broadcasts,
sells, or distributes direct-to-home satellite service.
(3) Local taxing jurisdiction.--The term ``local taxing
jurisdiction'' means any municipality, city, county,
township, parish, transportation district, or assessment
jurisdiction, or any other local jurisdiction in the
territorial jurisdiction of the United States with the
authority to impose a tax or fee, but does not include a
State.
(4) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States.
(5) Tax or fee.--The terms ``tax'' and ``fee'' mean any
local sales tax, local use tax, local intangible tax, local
income tax, business license tax, utility tax, privilege tax,
gross receipts tax, excise tax, franchise fees, local
telecommunications tax, or any other tax, license, or fee
that is imposed for the privilege of doing business,
regulating, or raising revenue for a local taxing
jurisdiction.
(c) Preservation of State Authority.--This section shall
not be construed to prevent taxation of a provider of direct-
to-home satellite service by a State or to prevent a local
taxing jurisdiction from receiving revenue derived from a tax
or fee imposed and collected by a State.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. PREVENTION OF UNFAIR BILLING PRACTICES FOR
INFORMATION OR SERVICES PROVIDED OVER TOLL-FREE
TELEPHONE CALLS.
(a) Prevention of Unfair Billing Practices.--
(1) In general.--Section 228(c) (47 U.S.C. 228(c)) is
amended--
(A) by striking out subparagraph (C) of paragraph (7) and
inserting in lieu thereof the following:
``(C) the calling party being charged for information
conveyed during the call unless--
``(i) the calling party has a written agreement (including
an agreement transmitted through electronic medium) that
meets the requirements of paragraph (8); or
``(ii) the calling party is charged for the information in
accordance with paragraph (9); or'';
(B)(i) by striking ``or'' at the end of subparagraph (C) of
such paragraph;
(ii) by striking the period at the end of subparagraph (D)
of such paragraph and inserting a semicolon and ``or''; and
(iii) by adding at the end thereof the following:
``(E) the calling party being assessed, by virtue of being
asked to connect or otherwise transfer to a pay-per-call
service, a charge for the call.''; and
(C) by adding at the end the following new paragraphs:
``(8) Subscription agreements for billing for information
provided via toll-free calls.--
``(A) In general.--For purposes of paragraph (7)(C)(i), a
written subscription does not meet the requirements of this
paragraph unless the agreement specifies the material terms
and conditions under which the information is offered and
includes--
``(i) the rate at which charges are assessed for the
information;
``(ii) the information provider's name;
``(iii) the information provider's business address;
``(iv) the information provider's regular business
telephone number;
``(v) the information provider's agreement to notify the
subscriber at least one billing cycle in advance of all
future changes in the rates charged for the information; and
``(vi) the subscriber's choice of payment method, which may
be by direct remit, debit, prepaid account, phone bill, or
credit or calling card.
``(B) Billing arrangements.--If a subscriber elects,
pursuant to subparagraph (A)(vi), to pay by means of a phone
bill--
``(i) the agreement shall clearly explain that the
subscriber will be assessed for calls made to the information
service from the subscriber's phone line;
``(ii) the phone bill shall include, in prominent type, the
following disclaimer:
`Common carriers may not disconnect local or long distance
telephone service for failure to pay disputed charges for
information services.'; and
``(iii) the phone bill shall clearly list the 800 number
dialed.
``(C) Use of pins to prevent unauthorized use.--A written
agreement does not meet the requirements of this paragraph
unless it--
``(i) includes a unique personal identification number or
other subscriber-specific identifier and requires a
subscriber to use this number or identifier to obtain access
to the information provided and includes instructions on its
use; and
``(ii) assures that any charges for services accessed by
use of the subscriber's personal identification number or
subscriber-specific identifier be assessed to subscriber's
source of payment elected pursuant to subparagraph (A)(vi).
``(D) Exceptions.--Notwithstanding paragraph (7)(C), a
written agreement that meets the requirements of this
paragraph is not required--
``(i) for calls utilizing telecommunications devices for
the deaf;
``(ii) for directory services provided by a common carrier
or its affiliate or by a local exchange carrier or its
affiliate; or
``(iii) for any purchase of goods or of services that are
not information services.
``(E) Termination of service.--On receipt by a common
carrier of a complaint by any person that an information
provider is in violation of the provisions of this section, a
carrier shall--
``(i) promptly investigate the complaint; and
``(ii) if the carrier reasonably determines that the
complaint is valid, it may terminate the provision of service
to an information provider unless the provider supplies
evidence of a written agreement that meets the requirements
of this section.
``(F) Treatment of remedies.--The remedies provided in this
paragraph are in addition to any other remedies that are
available under title V of this Act.
``(9) Charges by credit, prepaid, debit, charge, or calling
card in absence of agreement.--For purposes of paragraph
(7)(C)(ii), a calling party is not charged in accordance with
this paragraph unless the calling party is charged by means
of a credit, prepaid, debit, charge, or calling card and the
information service provider includes in response to each
call an introductory disclosure message that--
``(A) clearly states that there is a charge for the call;
``(B) clearly states the service's total cost per minute
and any other fees for the service or for any service to
which the caller may be transferred;
``(C) explains that the charges must be billed on either a
credit, prepaid, debit, charge, or calling card;
``(D) asks the caller for the card number;
``(E) clearly states that charges for the call begin at the
end of the introductory message; and
[[Page 285]]
``(F) clearly states that the caller can hang up at or
before the end of the introductory message without incurring
any charge whatsoever.
``(10) Bypass of introductory disclosure message.--The
requirements of paragraph (9) shall not apply to calls from
repeat callers using a bypass mechanism to avoid listening to
the introductory message, provided that information providers
shall disable such a bypass mechanism after the institution
of any price increase and for a period of time determined to
be sufficient by the Federal Trade Commission to give callers
adequate and sufficient notice of a price increase.
``(11) Definition of calling card.--As used in this
subsection, the term `calling card' means an identifying
number or code unique to the individual, that is issued to
the individual by a common carrier and enables the individual
to be charged by means of a phone bill for charges incurred
independent of where the call originates.''.
(2) Regulations.--The Federal Communications Commission
shall revise its regulations to comply with the amendment
made by paragraph (1) not later than 180 days after the date
of enactment of this Act.
(3) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of enactment of this Act.
(b) Clarification of ``Pay-Per-Call Services''.--
(1) Telephone disclosure and dispute resolution act.--
Section 204(1) of the Telephone Disclosure and Dispute
Resolution Act (15 U.S.C. 5714(1)) is amended to read as
follows:
``(1) The term `pay-per-call services' has the meaning
provided in section 228(i) of the Communications Act of 1934,
except that the Commission by rule may, notwithstanding
subparagraphs (B) and (C) of section 228(i)(1) of such Act,
extend such definition to other similar services providing
audio information or audio entertainment if the Commission
determines that such services are susceptible to the unfair
and deceptive practices that are prohibited by the rules
prescribed pursuant to section 201(a).''.
(2) Communications act.--Section 228(i)(2) (47 U.S.C.
228(i)(2)) is amended by striking ``or any service the charge
for which is tariffed,''.
SEC. 702. PRIVACY OF CUSTOMER INFORMATION.
Title II is amended by inserting after section 221 (47
U.S.C. 221) the following new section:
``SEC. 222. PRIVACY OF CUSTOMER INFORMATION.
``(a) In General.--Every telecommunications carrier has a
duty to protect the confidentiality of proprietary
information of, and relating to, other telecommunication
carriers, equipment manufacturers, and customers, including
telecommunication carriers reselling telecommunications
services provided by a telecommunications carrier.
``(b) Confidentiality of Carrier Information.--A
telecommunications carrier that receives or obtains
proprietary information from another carrier for purposes of
providing any telecommunications service shall use such
information only for such purpose, and shall not use such
information for its own marketing efforts.
``(c) Confidentiality of Customer Proprietary Network
Information.--
``(1) Privacy requirements for telecommunications
carriers.--Except as required by law or with the approval of
the customer, a telecommunications carrier that receives or
obtains customer proprietary network information by virtue of
its provision of a telecommunications service shall only use,
disclose, or permit access to individually identifiable
customer proprietary network information in its provision of
(A) the telecommunications service from which such
information is derived, or (B) services necessary to, or used
in, the provision of such telecommunications service,
including the publishing of directories.
``(2) Disclosure on request by customers.--A
telecommunications carrier shall disclose customer
proprietary network information, upon affirmative written
request by the customer, to any person designated by the
customer.
``(3) Aggregate customer information.--A telecommunications
carrier that receives or obtains customer proprietary network
information by virtue of its provision of a
telecommunications service may use, disclose, or permit
access to aggregate customer information other than for the
purposes described in paragraph (1). A local exchange carrier
may use, disclose, or permit access to aggregate customer
information other than for purposes described in paragraph
(1) only if it provides such aggregate information to other
carriers or persons on reasonable and nondiscriminatory terms
and conditions upon reasonable request therefor.
``(d) Exceptions.--Nothing in this section prohibits a
telecommunications carrier from using, disclosing, or
permitting access to customer proprietary network information
obtained from its customers, either directly or indirectly
through its agents--
``(1) to initiate, render, bill, and collect for
telecommunications services;
``(2) to protect the rights or property of the carrier, or
to protect users of those services and other carriers from
fraudulent, abusive, or unlawful use of, or subscription to,
such services; or
``(3) to provide any inbound telemarketing, referral, or
administrative services to the customer for the duration of
the call, if such call was initiated by the customer and the
customer approves of the use of such information to provide
such service.
``(e) Subscriber List Information.--Notwithstanding
subsections (b), (c), and (d), a telecommunications carrier
that provides telephone exchange service shall provide
subscriber list information gathered in its capacity as a
provider of such service on a timely and unbundled basis,
under nondiscriminatory and reasonable rates, terms, and
conditions, to any person upon request for the purpose of
publishing directories in any format.
``(f) Definitions.--As used in this section:
``(1) Customer proprietary network information.--The term
`customer proprietary network information' means--
``(A) information that relates to the quantity, technical
configuration, type, destination, and amount of use of a
telecommunications service subscribed to by any customer of a
telecommunications carrier, and that is made available to the
carrier by the customer solely by virtue of the carrier-
customer relationship; and
``(B) information contained in the bills pertaining to
telephone exchange service or telephone toll service received
by a customer of a carrier;
except that such term does not include subscriber list
information.
``(2) Aggregate information.--The term `aggregate customer
information' means collective data that relates to a group or
category of services or customers, from which individual
customer identities and characteristics have been removed.
``(3) Subscriber list information.--The term `subscriber
list information' means any information--
``(A) identifying the listed names of subscribers of a
carrier and such subscribers' telephone numbers, addresses,
or primary advertising classifications (as such
classifications are assigned at the time of the establishment
of such service), or any combination of such listed names,
numbers, addresses, or classifications; and
``(B) that the carrier or an affiliate has published,
caused to be published, or accepted for publication in any
directory format.''.
SEC. 703. POLE ATTACHMENTS.
Section 224 (47 U.S.C. 224) is amended--
(1) in subsection (a)(1), by striking the first sentence
and inserting the following: ``The term `utility' means any
person who is a local exchange carrier or an electric, gas,
water, steam, or other public utility, and who owns or
controls poles, ducts, conduits, or rights-of-way used, in
whole or in part, for any wire communications.'';
(2) in subsection (a)(4), by inserting after ``system'' the
following: ``or provider of telecommunications service'';
(3) by inserting after subsection (a)(4) the following:
``(5) For purposes of this section, the term
`telecommunications carrier' (as defined in section 3 of this
Act) does not include any incumbent local exchange carrier as
defined in section 251(h).'';
(4) by inserting after ``conditions'' in subsection (c)(1)
a comma and the following: ``or access to poles, ducts,
conduits, and rights-of-way as provided in subsection (f),'':
(5) in subsection (c)(2)(B), by striking ``cable television
services'' and inserting ``the services offered via such
attachments'';
(6) by inserting after subsection (d)(2) the following:
``(3) This subsection shall apply to the rate for any pole
attachment used by a cable television system solely to
provide cable service. Until the effective date of the
regulations required under subsection (e), this subsection
shall also apply to the rate for any pole attachment used by
a cable system or any telecommunications carrier (to the
extent such carrier is not a party to a pole attachment
agreement) to provide any telecommunications service.''; and
(7) by adding at the end thereof the following:
``(e)(1) The Commission shall, no later than 2 years after
the date of enactment of the Telecommunications Act of 1996,
prescribe regulations in accordance with this subsection to
govern the charges for pole attachments used by
telecommunications carriers to provide telecommunications
services, when the parties fail to resolve a dispute over
such charges. Such regulations shall ensure that a utility
charges just, reasonable, and nondiscriminatory rates for
pole attachments.
``(2) A utility shall apportion the cost of providing space
on a pole, duct, conduit, or right-of-way other than the
usable space among entities so that such apportionment equals
two-thirds of the costs of providing space other than the
usable space that would be allocated to such entity under an
equal apportionment of such costs among all attaching
entities.
``(3) A utility shall apportion the cost of providing
usable space among all entities according to the percentage
of usable space required for each entity.
``(4) The regulations required under paragraph (1) shall
become effective 5 years after the date of enactment of the
Telecommunications Act of 1996. Any increase in the rates for
pole attachments that result from the adoption of the
regulations required by this subsection shall be phased in
equal annual increments over a period of 5 years beginning on
the effective date of such regulations.
``(f)(1) A utility shall provide a cable television system
or any telecommunications carrier with nondiscriminatory
access to any pole, duct, conduit, or right-of-way owned or
controlled by it.
``(2) Notwithstanding paragraph (1), a utility providing
electric service may deny a
[[Page 286]]
cable television system or any telecommunications carrier
access to its poles, ducts, conduits, or rights-of-way, on a
non-discriminatory basis where there is insufficient capacity
and for reasons of safety, reliability and generally
applicable engineering purposes.
``(g) A utility that engages in the provision of
telecommunications services or cable services shall impute to
its costs of providing such services (and charge any
affiliate, subsidiary, or associate company engaged in the
provision of such services) an equal amount to the pole
attachment rate for which such company would be liable under
this section.
``(h) Whenever the owner of a pole, duct, conduit, or
right-of-way intends to modify or alter such pole, duct,
conduit, or right-of-way, the owner shall provide written
notification of such action to any entity that has obtained
an attachment to such conduit or right-of-way so that such
entity may have a reasonable opportunity to add to or modify
its existing attachment. Any entity that adds to or modifies
its existing attachment after receiving such notification
shall bear a proportionate share of the costs incurred by the
owner in making such pole, duct, conduit, or right-of-way
accessible.
``(i) An entity that obtains an attachment to a pole,
conduit, or right-of-way shall not be required to bear any of
the costs of rearranging or replacing its attachment, if such
rearrangement or replacement is required as a result of an
additional attachment or the modification of an existing
attachment sought by any other entity (including the owner of
such pole, duct, conduit, or right-of-way).''.
SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION
STANDARDS.
(a) National Wireless Telecommunications Siting Policy.--
Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the
end the following new paragraph:
``(7) Preservation of local zoning authority.--
``(A) General authority.--Except as provided in this
paragraph, nothing in this Act shall limit or affect the
authority of a State or local government or instrumentality
thereof over decisions regarding the placement, construction,
and modification of personal wireless service facilities.
``(B) Limitations.--
``(i) The regulation of the placement, construction, and
modification of personal wireless service facilities by any
State or local government or instrumentality thereof--
``(I) shall not unreasonably discriminate among providers
of functionally equivalent services; and
``(II) shall not prohibit or have the effect of prohibiting
the provision of personal wireless services.
``(ii) A State or local government or instrumentality
thereof shall act on any request for authorization to place,
construct, or modify personal wireless service facilities
within a reasonable period of time after the request is duly
filed with such government or instrumentality, taking into
account the nature and scope of such request.
``(iii) Any decision by a State or local government or
instrumentality thereof to deny a request to place,
construct, or modify personal wireless service facilities
shall be in writing and supported by substantial evidence
contained in a written record.
``(iv) No State or local government or instrumentality
thereof may regulate the placement, construction, and
modification of personal wireless service facilities on the
basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the
Commission's regulations concerning such emissions.
``(v) Any person adversely affected by any final action or
failure to act by a State or local government or any
instrumentality thereof that is inconsistent with this
subparagraph may, within 30 days after such action or failure
to act, commence an action in any court of competent
jurisdiction. The court shall hear and decide such action on
an expedited basis. Any person adversely affected by an act
or failure to act by a State or local government or any
instrumentality thereof that is inconsistent with clause (iv)
may petition the Commission for relief.
``(C) Definitions.--For purposes of this paragraph--
``(i) the term `personal wireless services' means
commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services;
``(ii) the term `personal wireless service facilities'
means facilities for the provision of personal wireless
services; and
``(iii) the term `unlicensed wireless service' means the
offering of telecommunications services using duly authorized
devices which do not require individual licenses, but does
not mean the provision of direct-to-home satellite services
(as defined in section 303(v)).''.
(b) Radio Frequency Emissions.--Within 180 days after the
enactment of this Act, the Commission shall complete action
in ET Docket 93-62 to prescribe and make effective rules
regarding the environmental effects of radio frequency
emissions.
(c) Availability of Property.--Within 180 days of the
enactment of this Act, the President or his designee shall
prescribe procedures by which Federal departments and
agencies may make available on a fair, reasonable, and
nondiscriminatory basis, property, rights-of-way, and
easements under their control for the placement of new
telecommunications services that are dependent, in whole or
in part, upon the utilization of Federal spectrum rights for
the transmission or reception of such services. These
procedures may establish a presumption that requests for the
use of property, rights-of-way, and easements by duly
authorized providers should be granted absent unavoidable
direct conflict with the department or agency's mission, or
the current or planned use of the property, rights-of-way,
and easements in question. Reasonable fees may be charged to
providers of such telecommunications services for use of
property, rights-of-way, and easements. The Commission shall
provide technical support to States to encourage them to make
property, rights-of-way, and easements under their
jurisdiction available for such purposes.
SEC. 705. MOBILE SERVICES DIRECT ACCESS TO LONG DISTANCE
CARRIERS.
Section 332(c) (47 U.S.C. 332(c)) is amended by adding at
the end the following new paragraph:
``(8) Mobile services access.--A person engaged in the
provision of commercial mobile services, insofar as such
person is so engaged, shall not be required to provide equal
access to common carriers for the provision of telephone toll
services. If the Commission determines that subscribers to
such services are denied access to the provider of telephone
toll services of the subscribers' choice, and that such
denial is contrary to the public interest, convenience, and
necessity, then the Commission shall prescribe regulations to
afford subscribers unblocked access to the provider of
telephone toll services of the subscribers' choice through
the use of a carrier identification code assigned to such
provider or other mechanism. The requirements for unblocking
shall not apply to mobile satellite services unless the
Commission finds it to be in the public interest to apply
such requirements to such services.''.
SEC. 706. ADVANCED TELECOMMUNICATIONS INCENTIVES.
(a) In General.--The Commission and each State commission
with regulatory jurisdiction over telecommunications services
shall encourage the deployment on a reasonable and timely
basis of advanced telecommunications capability to all
Americans (including, in particular, elementary and secondary
schools and classrooms) by utilizing, in a manner consistent
with the public interest, convenience, and necessity, price
cap regulation, regulatory forbearance, measures that promote
competition in the local telecommunications market, or other
regulating methods that remove barriers to infrastructure
investment.
(b) Inquiry.--The Commission shall, within 30 months after
the date of enactment of this Act, and regularly thereafter,
initiate a notice of inquiry concerning the availability of
advanced telecommunications capability to all Americans
(including, in particular, elementary and secondary schools
and classrooms) and shall complete the inquiry within 180
days after its initiation. In the inquiry, the Commission
shall determine whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion. If the Commission's determination is
negative, it shall take immediate action to accelerate
deployment of such capability by removing barriers to
infrastructure investment and by promoting competition in the
telecommunications market.
(c) Definitions.--For purposes of this subsection:
(1) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' is defined,
without regard to any transmission media or technology, as
high-speed, switched, broadband telecommunications capability
that enables users to originate and receive high-quality
voice, data, graphics, and video telecommunications using any
technology.
(2) Elementary and secondary schools.--The term
``elementary and secondary schools'' means elementary and
secondary schools, as defined in paragraphs (14) and (25),
respectively, of section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
SEC. 707. TELECOMMUNICATIONS DEVELOPMENT FUND.
(a) Deposit and Use of Auction Escrow Accounts.--Section
309(j)(8) (47 U.S.C. 309(j)(8)) is amended by adding at the
end the following new subparagraph:
``(C) Deposit and use of auction escrow accounts.--Any
deposits the Commission may require for the qualification of
any person to bid in a system of competitive bidding pursuant
to this subsection shall be deposited in an interest bearing
account at a financial institution designated for purposes of
this subsection by the Commission (after consultation with
the Secretary of the Treasury). Within 45 days following the
conclusion of the competitive bidding--
``(i) the deposits of successful bidders shall be paid to
the Treasury;
``(ii) the deposits of unsuccessful bidders shall be
returned to such bidders; and
``(iii) the interest accrued to the account shall be
transferred to the Telecommunications Development Fund
established pursuant to section 714 of this Act.''.
(b) Establishment and Operation of Fund.--Title VII is
amended by inserting after section 713 (as added by section
305) the following new section:
``SEC. 714. TELECOMMUNICATIONS DEVELOPMENT FUND.
``(a) Purpose of Section.--It is the purpose of this
section--
[[Page 287]]
``(1) to promote access to capital for small businesses in
order to enhance competition in the telecommunications
industry;
``(2) to stimulate new technology development, and promote
employment and training; and
``(3) to support universal service and promote delivery of
telecommunications services to underserved rural and urban
areas.
``(b) Establishment of Fund.--There is hereby established a
body corporate to be known as the Telecommunications
Development Fund, which shall have succession until
dissolved. The Fund shall maintain its principal office in
the District of Columbia and shall be deemed, for purposes of
venue and jurisdiction in civil actions, to be a resident and
citizen thereof.
``(c) Board of Directors.--
``(1) Composition of board; chairman.--The Fund shall have
a Board of Directors which shall consist of 7 persons
appointed by the Chairman of the Commission. Four of such
directors shall be representative of the private sector and
three of such directors shall be representative of the
Commission, the Small Business Administration, and the
Department of the Treasury, respectively. The Chairman of the
Commission shall appoint one of the representatives of the
private sector to serve as chairman of the Fund within 30
days after the date of enactment of this section, in order to
facilitate rapid creation and implementation of the Fund. The
directors shall include members with experience in a number
of the following areas: finance, investment banking,
government banking, communications law and administrative
practice, and public policy.
``(2) Terms of appointed and elected members.--The
directors shall be eligible to serve for terms of 5 years,
except of the initial members, as designated at the time of
their appointment--
``(A) 1 shall be eligible to service for a term of 1 year;
``(B) 1 shall be eligible to service for a term of 2 years;
``(C) 1 shall be eligible to service for a term of 3 years;
``(D) 2 shall be eligible to service for a term of 4 years;
and
``(E) 2 shall be eligible to service for a term of 5 years
(1 of whom shall be the Chairman).
Directors may continue to serve until their successors have
been appointed and have qualified.
``(3) Meetings and functions of the board.--The Board of
Directors shall meet at the call of its Chairman, but at
least quarterly. The Board shall determine the general
policies which shall govern the operations of the Fund. The
Chairman of the Board shall, with the approval of the Board,
select, appoint, and compensate qualified persons to fill the
offices as may be provided for in the bylaws, with such
functions, powers, and duties as may be prescribed by the
bylaws or by the Board of Directors, and such persons shall
be the officers of the Fund and shall discharge all such
functions, powers, and duties.
``(d) Accounts of the Fund.--The Fund shall maintain its
accounts at a financial institution designated for purposes
of this section by the Chairman of the Board (after
consultation with the Commission and the Secretary of the
Treasury). The accounts of the Fund shall consist of--
``(1) interest transferred pursuant to section 309(j)(8)(C)
of this Act;
``(2) such sums as may be appropriated to the Commission
for advances to the Fund;
``(3) any contributions or donations to the Fund that are
accepted by the Fund; and
``(4) any repayment of, or other payment made with respect
to, loans, equity, or other extensions of credit made from
the Fund.
``(e) Use of the Fund.--All moneys deposited into the
accounts of the Fund shall be used solely for--
``(1) the making of loans, investments, or other extensions
of credits to eligible small businesses in accordance with
subsection (f);
``(2) the provision of financial advice to eligible small
businesses;
``(3) expenses for the administration and management of the
Fund (including salaries, expenses, and the rental or
purchase of office space for the fund);
``(4) preparation of research, studies, or financial
analyses; and
``(5) other services consistent with the purposes of this
section.
``(f) Lending and Credit Operations.--Loans or other
extensions of credit from the Fund shall be made available in
accordance with the requirements of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.) and any other applicable
law to an eligible small business on the basis of--
``(1) the analysis of the business plan of the eligible
small business;
``(2) the reasonable availability of collateral to secure
the loan or credit extension;
``(3) the extent to which the loan or credit extension
promotes the purposes of this section; and
``(4) other lending policies as defined by the Board.
``(g) Return of Advances.--Any advances appropriated
pursuant to subsection (d)(2) shall be disbursed upon such
terms and conditions (including conditions relating to the
time or times of repayment) as are specified in any
appropriations Act providing such advances.
``(h) General Corporate Powers.--The Fund shall have
power--
``(1) to sue and be sued, complain and defend, in its
corporate name and through its own counsel;
``(2) to adopt, alter, and use the corporate seal, which
shall be judicially noticed;
``(3) to adopt, amend, and repeal by its Board of
Directors, bylaws, rules, and regulations as may be necessary
for the conduct of its business;
``(4) to conduct its business, carry on its operations, and
have officers and exercise the power granted by this section
in any State without regard to any qualification or similar
statute in any State;
``(5) to lease, purchase, or otherwise acquire, own, hold,
improve, use, or otherwise deal in and with any property,
real, personal, or mixed, or any interest therein, wherever
situated, for the purposes of the Fund;
``(6) to accept gifts or donations of services, or of
property, real, personal, or mixed, tangible or intangible,
in aid of any of the purposes of the Fund;
``(7) to sell, convey, mortgage, pledge, lease, exchange,
and otherwise dispose of its property and assets;
``(8) to appoint such officers, attorneys, employees, and
agents as may be required, to determine their qualifications,
to define their duties, to fix their salaries, require bonds
for them, and fix the penalty thereof; and
``(9) to enter into contracts, to execute instruments, to
incur liabilities, to make loans and equity investment, and
to do all things as are necessary or incidental to the proper
management of its affairs and the proper conduct of its
business.
``(i) Accounting, Auditing, and Reporting.--The accounts of
the Fund shall be audited annually. Such audits shall be
conducted in accordance with generally accepted auditing
standards by independent certified public accountants. A
report of each such audit shall be furnished to the Secretary
of the Treasury and the Commission. The representatives of
the Secretary and the Commission shall have access to all
books, accounts, financial records, reports, files, and all
other papers, things, or property belonging to or in use by
the Fund and necessary to facilitate the audit.
``(j) Report on Audits by Treasury.--A report of each such
audit for a fiscal year shall be made by the Secretary of the
Treasury to the President and to the Congress not later than
6 months following the close of such fiscal year. The report
shall set forth the scope of the audit and shall include a
statement of assets and liabilities, capital and surplus or
deficit; a statement of surplus or deficit analysis; a
statement of income and expense; a statement of sources and
application of funds; and such comments and information as
may be deemed necessary to keep the President and the
Congress informed of the operations and financial condition
of the Fund, together with such recommendations with respect
thereto as the Secretary may deem advisable.
``(k) Definitions.--As used in this section:
``(1) Eligible small business.--The term `eligible small
business' means business enterprises engaged in the
telecommunications industry that have $50,000,000 or less in
annual revenues, on average over the past 3 years prior to
submitting the application under this section.
``(2) Fund.--The term `Fund' means the Telecommunications
Development Fund established pursuant to this section.
``(3) Telecommunications industry.--The term
`telecommunications industry' means communications businesses
using regulated or unregulated facilities or services and
includes broadcasting, telecommunications, cable, computer,
data transmission, software, programming, advanced messaging,
and electronics businesses.''.
SEC. 708. NATIONAL EDUCATION TECHNOLOGY FUNDING CORPORATION.
(a) Findings; Purpose.--
(1) Findings.--The Congress finds as follows:
(A) Corporation.--There has been established in the
District of Columbia a private, nonprofit corporation known
as the National Education Technology Funding Corporation
which is not an agency or independent establishment of the
Federal Government.
(B) Board of directors.--The Corporation is governed by a
Board of Directors, as prescribed in the Corporation's
articles of incorporation, consisting of 15 members, of
which--
(i) five members are representative of public agencies
representative of schools and public libraries;
(ii) five members are representative of State government,
including persons knowledgeable about State finance,
technology and education; and
(iii) five members are representative of the private
sector, with expertise in network technology, finance and
management.
(C) Corporate purposes.--The purposes of the Corporation,
as set forth in its articles of incorporation, are--
(i) to leverage resources and stimulate private investment
in education technology infrastructure;
(ii) to designate State education technology agencies to
receive loans, grants or other forms of assistance from the
Corporation;
(iii) to establish criteria for encouraging States to--
(I) create, maintain, utilize and upgrade interactive high
capacity networks capable of providing audio, visual and data
communications for elementary schools, secondary schools and
public libraries;
(II) distribute resources to assure equitable aid to all
elementary schools and secondary schools in the State and
achieve universal access to network technology; and
[[Page 288]]
(III) upgrade the delivery and development of learning
through innovative technology-based instructional tools and
applications;
(iv) to provide loans, grants and other forms of assistance
to State education technology agencies, with due regard for
providing a fair balance among types of school districts and
public libraries assisted and the disparate needs of such
districts and libraries;
(v) to leverage resources to provide maximum aid to
elementary schools, secondary schools and public libraries;
and
(vi) to encourage the development of education
telecommunications and information technologies through
public-private ventures, by serving as a clearinghouse for
information on new education technologies, and by providing
technical assistance, including assistance to States, if
needed, to establish State education technology agencies.
(2) Purpose.--The purpose of this section is to recognize
the Corporation as a nonprofit corporation operating under
the laws of the District of Columbia, and to provide
authority for Federal departments and agencies to provide
assistance to the Corporation.
(b) Definitions.--For the purpose of this section--
(1) the term ``Corporation'' means the National Education
Technology Funding Corporation described in subsection
(a)(1)(A);
(2) the terms ``elementary school'' and ``secondary
school'' have the same meanings given such terms in section
14101 of the Elementary and Secondary Education Act of 1965;
and
(3) the term ``public library'' has the same meaning given
such term in section 3 of the Library Services and
Construction Act.
(c) Assistance for Education Technology Purposes.--
(1) Receipt by corporation.--Notwithstanding any other
provision of law, in order to carry out the corporate
purposes described in subsection (a)(1)(C), the Corporation
shall be eligible to receive discretionary grants, contracts,
gifts, contributions, or technical assistance from any
Federal department or agency, to the extent otherwise
permitted by law.
(2) Agreement.--In order to receive any assistance
described in paragraph (1) the Corporation shall enter into
an agreement with the Federal department or agency providing
such assistance, under which the Corporation agrees--
(A) to use such assistance to provide funding and technical
assistance only for activities which the Board of Directors
of the Corporation determines are consistent with the
corporate purposes described in subsection (a)(1)(C);
(B) to review the activities of State education technology
agencies and other entities receiving assistance from the
Corporation to assure that the corporate purposes described
in subsection (a)(1)(C) are carried out;
(C) that no part of the assets of the Corporation shall
accrue to the benefit of any member of the Board of Directors
of the Corporation, any officer or employee of the
Corporation, or any other individual, except as salary or
reasonable compensation for services;
(D) that the Board of Directors of the Corporation will
adopt policies and procedures to prevent conflicts of
interest;
(E) to maintain a Board of Directors of the Corporation
consistent with subsection (a)(1)(B);
(F) that the Corporation, and any entity receiving the
assistance from the Corporation, are subject to the
appropriate oversight procedures of the Congress; and
(G) to comply with--
(i) the audit requirements described in subsection (d); and
(ii) the reporting and testimony requirements described in
subsection (e).
(3) Construction.--Nothing in this section shall be
construed to establish the Corporation as an agency or
independent establishment of the Federal Government, or to
establish the members of the Board of Directors of the
Corporation, or the officers and employees of the
Corporation, as officers or employees of the Federal
Government.
(d) Audits.--
(1) Audits by independent certified public accountants.--
(A) In general.--The Corporation's financial statements
shall be audited annually in accordance with generally
accepted auditing standards by independent certified public
accountants who are certified by a regulatory authority of a
State or other political subdivision of the United States.
The audits shall be conducted at the place or places where
the accounts of the Corporation are normally kept. All books,
accounts, financial records, reports, files, and all other
papers, things, or property belonging to or in use by the
Corporation and necessary to facilitate the audit shall be
made available to the person or persons conducting the
audits, and full facilities for verifying transactions with
the balances or securities held by depositories, fiscal
agents, and custodians shall be afforded to such person or
persons.
(B) Reporting requirements.--The report of each annual
audit described in subparagraph (A) shall be included in the
annual report required by subsection (e)(1).
(2) Recordkeeping requirements; audit and examination of
books.--
(A) Recordkeeping requirements.--The Corporation shall
ensure that each recipient of assistance from the Corporation
keeps--
(i) separate accounts with respect to such assistance;
(ii) such records as may be reasonably necessary to fully
disclose--
(I) the amount and the disposition by such recipient of the
proceeds of such assistance;
(II) the total cost of the project or undertaking in
connection with which such assistance is given or used; and
(III) the amount and nature of that portion of the cost of
the project or undertaking supplied by other sources; and
(iii) such other records as will facilitate an effective
audit.
(B) Audit and examination of books.--The Corporation shall
ensure that the Corporation, or any of the Corporation's duly
authorized representatives, shall have access for the purpose
of audit and examination to any books, documents, papers, and
records of any recipient of assistance from the Corporation
that are pertinent to such assistance. Representatives of the
Comptroller General shall also have such access for such
purpose.
(e) Annual Report; Testimony to the Congress.--
(1) Annual report.--Not later than April 30 of each year,
the Corporation shall publish an annual report for the
preceding fiscal year and submit that report to the President
and the Congress. The report shall include a comprehensive
and detailed evaluation of the Corporation's operations,
activities, financial condition, and accomplishments under
this section and may include such recommendations as the
Corporation deems appropriate.
(2) Testimony before congress.--The members of the Board of
Directors, and officers, of the Corporation shall be
available to testify before appropriate committees of the
Congress with respect to the report described in paragraph
(1), the report of any audit made by the Comptroller General
pursuant to this section, or any other matter which any such
committee may determine appropriate.
SEC. 709. REPORT ON THE USE OF ADVANCED TELECOMMUNICATIONS
SERVICES FOR MEDICAL PURPOSES.
The Secretary of Commerce, in consultation with the
Secretary of Health and Human Services and other appropriate
departments and agencies, shall submit a report to the
Committee on Commerce of the House of Representatives and the
Committee on Commerce, Science and Transportation of the
Senate concerning the activities of the Joint Working Group
on Telemedicine, together with any findings reached in the
studies and demonstrations on telemedicine funded by the
Public Health Service or other Federal agencies. The report
shall examine questions related to patient safety, the
efficacy and quality of the services provided, and other
legal, medical, and economic issues related to the
utilization of advanced telecommunications services for
medical purposes. The report shall be submitted to the
respective Committees by January 31, 1997.
SEC. 710. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any other sums authorized
by law, there are authorized to be appropriated to the
Federal Communications Commission such sums as may be
necessary to carry out this Act and the amendments made by
this Act.
(b) Effect on Fees.--For the purposes of section 9(b)(2)
(47 U.S.C. 159(b)(2)), additional amounts appropriated
pursuant to subsection (a) shall be construed to be changes
in the amounts appropriated for the performance of activities
described in section 9(a) of the Communications Act of 1934.
(c) Funding Availability.--Section 309(j)(8)(B) (47 U.S.C.
309(j)(8)(B)) is amended by adding at the end the following
new sentence: ``Such offsetting collections are authorized to
remain available until expended.''.
And the House agree to the same.
From the Committee on Commerce, for consideration of the
Senate bill, and the House amendment, and modifications
committed to conference:
Tom Bliley,
Jack Fields,
Michael G. Oxley,
Rick White,
John D. Dingell,
Edward J. Markey,
Rick Boucher,
Anna G. Eshoo,
Bobby L. Rush,
Provided, Mr. Pallone is appointed in lieu of Mr. Boucher
solely for consideration of sec. 205 of the Senate bill:
Frank Pallone, Jr.,
As additional conferees, for consideration of secs. 1-6, 101-
04, 106-07, 201, 204-05, 221-25, 301-05, 307-11, 401-02, 405-
06, 410, 601-06, 703, and 705 of the Senate bill, and title I
of the House amendment, and modifications committed to
conference:
Dan Schaefer,
Joe Barton,
J. Dennis Hastert,
Bill Paxon,
Scott Klug,
Dan Frisa,
Cliff Stearns,
Sherrod Brown,
Bart Gordon,
Blanche Lambert Lincoln,
As additional conferees, for consideration of secs. 102, 202-
03, 403, 407-09, and 706 of the Senate bill, and title II of
the House amendment, and modifications committed to
conference:
Dan Schaefer,
J. Dennis Hastert,
Dan Frisa,
As additional conferees, for consideration of secs. 105, 206,
302, 306, 312, 501-05, and 701-02 of
[[Page 289]]
the Senate bill, and title III of the House amendment, and
modifications committed to conference:
Cliff Stearns,
Bill Paxon,
Scott Klug,
As additional conferees, for consideration of secs. 7-8, 226,
404, and 704 of the Senate bill, and titles IV-V of the House
amendment, and modifications committed to conference:
Dan Schaefer,
J. Dennis Hastert,
Scott Klug,
As additional conferees, for consideration of title VI of the
House amendment, and modifications committed to conference:
Dan Schaefer,
Joe Barton,
Scott Klug,
As additional conferees from the Committee on the Judiciary,
for consideration of the Senate bill (except secs. 1-6, 101-
04, 106-07, 201, 204-05, 221-25, 301-05, 307-11, 401-02, 405-
06, 410, 601-06, 703, and 705), and of the House amendment
(except title I), and modifications committed to conference:
Henry Hyde,
Carlos J. Moorhead,
Bob Goodlatte,
Steve Buyer,
Mike Flanagan,
As additional conferees, for consideration of secs. 1-6, 101-
04, 106-07, 201, 204-05, 221-25, 301-05, 307-11, 401-02, 405-
06, 410, 601-06, 703, and 705 of the Senate bill, and title I
of the House amendment, and modifications committed to
conference:
Henry Hyde,
Carlos J. Moorhead,
Bob Goodlatte,
Steve Buyer,
Mike Flanagan,
Elton Gallegly,
Bob Barr,
Martin R. Hoke,
Howard L. Berman,
Managers on the Part of the House.
Larry Pressler,
Ted Stevens,
Slade Gorton,
Trent Lott,
Fritz Hollings,
Daniel K. Inouye,
Wendell Ford,
J.J. Exon,
Jay Rockefeller,
Managers on the Part of the Senate.
Pending consideration of the conference report,
On demand of Mr. CONYERS, pursuant to clause 2, rule XXVIII,
Ordered, That time for debate be equally divided among Messrs. BLILEY,
DINGELL and CONYERS.
When said conference report was considered.
After debate,
On motion of Mr. BLILEY, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that the yeas had it.
Mr. BLILEY demanded a recorded vote on agreeing to said conference
report which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
414
<3-line {>
affirmative
Nays
16
para.11.10 [Roll No. 25]
AYES--414
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mfume
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--16
Abercrombie
Conyers
DeFazio
Evans
Frank (MA)
Hilliard
Hinchey
Johnson (SD)
Nadler
Peterson (MN)
Sanders
Schroeder
Stark
Volkmer
Williams
Yates
NOT VOTING--4
Bryant (TX)
Chapman
Filner
Rose
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.11.11 providing for the consideration of h.r. 2924
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-460) the resolution (H. Res. 355) providing for the consideration of
the bill (H.R. 2924) to guarantee the timely payment of social security
benefits in March 1996.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.11.12 privileges of the house
Mr. GEPHARDT rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 356):
Whereas, the inability of the House to pass an adjustment
in the public debt limit unburdened by the unrelated
political agenda of either party, an adjustment to maintain
the creditworthiness of the United States and to avoid
disruption of interest rates and the financial markets brings
discredit upon the House;
[[Page 290]]
Whereas, the failure of the House of Representatives to
adjust the federal debt limit and keep the nation from
default impairs the dignity of the House, the integrity of
its proceedings and the esteem the public holds for the
House; Now, therefore, be it
Resolved, That upon the adoption of this resolution the
enrolling clerk of the House of Representatives shall prepare
an engrossment of the bill, H.R. 2409. The vote by which this
resolution is adopted by the House shall be deemed to have
been a vote in favor of such bill upon final passage in the
House of Representatives. Upon engrossment of the bill, it
shall be deemed to have passed the House of Representatives
and been duly certified and examined; the engrossed copy
shall be signed by the Clerk and transmitted to the Senate
for further legislative action; and (upon final passage by
both Houses) the bill shall be signed by the presiding
officers of both Houses and presented to the President for
his signature (and otherwise treated for all purposes) in the
manner provided for bills generally.
Mr. GEPHARDT was recognized to speak and said:
``Mr. Speaker, let me explain why this is a question of privilege and
why this Congress must act to extend the debt limit, with no threats or
conditions, to preserve the integrity of this entire Government.
``Rule IX of this House states very clearly that matters of privilege
are those affecting the House collectively, those affecting its dignity
and integrity, and those affecting the reputation of Members in their
representative capacity.
``I ask every Member of this Congress today, how can the dignity and
integrity of this Congress be maintained if we tear down the dignity
and integrity of this country? How can any single Member of the 104th
Congress maintain our reputation and honor if we go down in the history
books as the Congress that broke America's word, the very first
Congress that dared to tarnish America's trust in the world.
``Mr. Speaker, I know there are enough Democrats and Republicans to
extend the debt limit and avoid this crisis right now, if we could only
have that vote on the floor. It is unfair to all of us to have our
rights, our reputations, our good names dashed for what I believe is a
partisan purpose.
``Some of our Republican colleagues are threatening to default on
America's financial obligations, to turn our backs on seniors who need
their Social Security checks, taxpayers who deserve their refunds,
people throughout the world have invested in America.
``There is no question that economic chaos would follow even a day of
default. Interest rates on credit cards, car loans, and mortgages would
skyrocket. The dollar would plummet. World financial markets could go
into a tailspin. The damage would most likely be permanent, because
such reckless delinquency would be without historical precedent in our
country.
``We had a bloody Civil War in the last century, when America was
torn in half, probably our greatest crisis. But all through it and
after it, we kept our credit whole. During two world wars when our
economy was stretched to the limit, we found room to honor our word to
the people who had invested in our debt. Through recessions and a great
depression, we have guarded America's financial faith and integrity
because it is as sacred as the Constitution itself.
``This is not partisan hyperbole. Even the threat of default is
damaging our credibility day by day, more and more with each passing
day.
``We cannot afford to play politics with that credibility. We cannot
afford to delay to stand for our national word and honor.
``What crisis is bigger than two world wars and the Great Depression?
A disagreement over a budget. We Democrats think it is wrong to cut
Medicare for huge tax breaks, especially since we think it is
unnecessary to balance the budget. Republicans legitimately disagree.
This is a valid debate. It is one we should resolve. But defaulting on
our obligations, hurting millions of average Americans, damaging our
most precious possession, our word and our credibility, is no way to
resolve it.
``After all, shutting down the Government twice did not resolve it.
Why would an international economic crisis resolve it?
``Mr. Speaker, parliamentary privilege exists for exactly this kind
of crisis. This is more than an economic issue. It is a profoundly
moral issue.
``If we bargain away America's integrity for the latest political
squabble, if we can bring millions of families to the brink of economic
crisis because we cannot agree on this year's budget, then in my
opinion we cease to serve the United States of America, and we no
longer have honor to maintain.
``This crisis, Mr. Speaker, is the very essence of privilege in this
parliamentary body, and I urge the Chair, on behalf of our country and
the promise and word of our country, to rule in its favor.''.
Mr. KENNEDY of Massachusetts was recognized to speak and said:
``Mr. Speaker, there can be no greater cause for a parliamentary
privilege than the constitutional crisis that is being perpetrated by
the elements of this House that have chosen a path to default on
America's debt in order to get their particular view rammed through the
House of Representatives and the Senate of the United States. Mr.
Speaker, we have got to deal with this crisis.
``The truth of the matter is that originally we were told that the
reason why the Republicans so much wanted to have the debt default
issue brought forward was to insist upon a balanced budget. President
Clinton has agreed to a balanced budget.
``We were then told, though, it was not a balanced budget, it was a
balanced budget within 7 years. President Clinton agreed to a balanced
budget within 7 years.
``We were then told it was not a balanced budget within 7 years but
it was with the CBO numbers. President Clinton greed to a balanced
budget in 7 years using CBO numbers.
``Then we were told it was not a balanced budget, 7 years, CBO
numbers, but it had to have a tax cut. President Clinton agreed to a
tax cut.
``It is not as big a tax cut as the one the Republicans want, so the
Republicans are insistent upon challenging the debt of this country,
breaking the back of 200 years of history, breaking the parliamentary
process that has been set up that says if we have disagreements between
bills passed by the House of Representatives and the United States
Senate, that we have in fact a President that can sign that bill or he
can veto that bill. If he vetoes the bill, we have the right to
override that veto. If we do not have the votes to override, we then
compromise.
``The truth of the matter is there is no willingness to compromise.
``Mr. Speaker, I am talking about a question of privilege. I am
talking about my dignity and my integrity, the integrity of this body,
the integrity of every Member on the Democratic and Republican side.
``You are willing to break the back, break the debt of America in
order to ram through your narrow political guerrilla tactics. It is
time for a little dignity on the floor of this House, Mr. Speaker, and
I want to be heard.
``Mr. Speaker, I believe very strongly that this is an issue of
parliamentary privilege. I could not agree more strongly with the words
of the gentleman from Missouri [Mr. Gephardt], that this is an issue,
the most important issue we have faced this year, the most important
issue that we have faced in many years.
``If we allow the debt of this country to be defaulted upon, we will
hurt the future of our country's borrowing, we will hurt the future of
our country's children, and we will hurt our senior citizens.
``Please pass a full debt extension. Allow us to pay our bills as
every generation prior to ours has done throughout the history of this
country.''.
Mr. SOLOMON was recognized to speak and said:
``Mr. Speaker, in the interest of time, I will make the argument
brief as to why this resolution does not constitute a question of
privilege under House rule IX, but just as I do that, let me preface
those remarks by calling attention to the bill that will be on the
floor directly after we finish with these two issues here. It states in
the line 6, ``Congress intends to pass an increase in the public debt
limit before March 1, 1996,'' and let me say that they will do this
over my objections because I am just appalled that we are once again
going to extend this debt limit.
``But having said that, let us talk about this issue. The precedents
are absolutely clear that a resolution raising a question of privilege
may not be used to change those rules. This resolution would change
House rules by automatically passing a specified bill. Nowhere in House
rules is it contemplated or specified that legislation may be called
up, let alone passed, by means of a
[[Page 291]]
question of privileged resolution. The Chair has already so ruled on
numerous occasions during the last several weeks. I therefore would
urge that this resolution be ruled out of order, Mr. Speaker.''.
Mr. KANJORSKI was recognized to speak and said:
``Mr. Speaker, I know that this is an issue that other
parliamentarians have ruled on in the history of this great House, but
as we reflect, my friends on both sides, and to remove this from a
partisan issue, the issue of the Constitution and the issue of the
House of Representatives predates the existence of either parties that
exercise influence in this House today.
``We are in the 208th year of the American Constitution, the 104th
Congress of the United States. We are here by virtue of the fact that
our constituents elected us to come here and present ourselves under
article I of the Constitution of the United States and take an oath of
office that Constitution. Article I provides for the powers of the
House of Representatives, one of which is to provide for the debt of
the United States. Those of us in this House today, more than a
majority, I daresay, because I have a letter addressed to the Speaker
signed by more than 191 members of the minority side of the House, and
I am aware of the fact that several dozen of my good friends on the
majority side join me in this cause.
``So clearly if a resolution for the raising of the debt limit
presented to the House clean, it could and would receive a majority
vote of the House of Representatives honoring the commitment we made in
our oath of office under article I of the Constitution of the United
States.
``For the leadership of the House, for the Rules Committee or for the
rules of the House to frustrate article I and the individual oath and
the collective oath of this entire House and to argue that this does
not fall within the purview of the privilege of the House going to the
integrity and the dignity of individual Members or collectively of this
House is the most fallacious and ridiculous argument I have ever heard
in my years in public life.
``I argue that we put aside today as we are about to leave on a 3-
week vacation and send a message to America that the House of
Representatives is going to pursue and follow its oath of office, the
article I of the American Constitution, and allow for an open vote a
resolution allowing for the provision to pay the debts of the U.S.
Government under the existing Constitution of the United States.''.
Mr. RANGEL was recognized to speak and said:
``Mr. Speaker, I am going to try desperately hard to be nonpartisan
in my remarks, because I think we have reached that point as a Congress
that the general public is just fed up with all of us and are not
taking the time to determine whether it is the so-called Republican
leadership or whether it is the House of Representatives, the Senators
or even whether it is the Government of the United States.
``All of us have had the opportunity to explain what our job is here
in the House, and we are honored to serve in this House, and whether we
are dealing with adults or whether we deal with children, compromise
has never been a dirty word in explaining the work of the
subcommittees, the full committees, what we do in conference and what
we send to the President of the United States. If we are going to
change the rules here, you are changing the rules not just for
individuals and parties, you are changing the rules for every one of
the Members of this House whether they are participating in this or
whether they are not, and you are not giving them choices. You are not
playing by the rules. You are not playing by the rules we were sworn in
to endorse. Those rules are simple rules.
``You do not like what the President has done. You do not like the
veto; you override the veto, that is what you do, and if you cannot
override the veto, you try to come back and work out something.
``Oh, I know, you are in a hurry. You cannot talk about it. You
cannot talk about compromise. All of a sudden this beautiful word has
now become a stigma, because a handful of people have snatched what
they think is principle, and they are threatening the United States of
America's integrity throughout this world.
``You can do what you want with your party or with your members. But
it is unfair, and it takes away from our prerogative as sworn Members
of this House to threaten the economic life of the United States of
America and the free world by holding a debt extension hostage in order
to reach your political end.
``Politics are played at the polls, and they should not be the
reputation of the United States that is being played on parliamentary
maneuvers.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, ruled that the
resolution submitted did not present a question of the privileges of
the House under rule IX, and said:
``The resolution offered by the gentleman from Missouri alleges that
the failure of the House to take a specified legislative action brings
it discredit and lowers it in public esteem. On that premise it
resolves that the House be considered to have passed a legislative
measure.
``Under rule IX, questions of the privileges of the House are those
`affecting the rights of the House collectively, its safety, its
dignity, [or] the integrity of its proceedings.' But a question of the
privileges of the House may not be invoked to effect a change in the
rules of the House or to prescribe a special order of business for the
House. This principle has been upheld on several occasions cited in
section 664 of the House Rules and Manual, including June 27, 1974
where a resolution directing the Committee on Rules to consider
reporting a special order was held not to present a question of
privilege.
``In this Congress, resolutions have been offered that attempt to
advance legislative propositions as questions of privileges of the
House on February 7 and December 22, 1995, on January 3, 1996, and, in
particular, on January 24, 1996. The latter resolution similarly deemed
a legislative measure passed to redress previous inaction. When ruling
out that resolution as not constituting a question of privilege, the
Chair posited that permitting a question of the privileges of the House
under rule IX based on allegations of perceived discredit by
legislative action or inaction would permit any Member to advance
virtually any legislative proposal as a question of privileges of the
House.
``Applying the precedents just cited, the Chair holds that the
resolution offered by the Gentleman from Missouri does not affect `the
rights of the House collectively, its safety, dignity, [or] the
integrity of its proceedings' within the meaning of clause 1 of rule
IX. Rather, it proposes to effect a special order of business for the
House--deeming it to have passed a legislative measure--as an antidote
for the alleged discredit of previous inaction.
``The resolution does not constitute a question of privilege under
rule IX.''.
Mr. VOLKMER appealed the ruling of the Chair.
The question being stated,
Will the decision of the Chair stand as the judgment of the House?
Mr. SOLOMON moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the
Chair?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Mr. VOLKMER demanded a recorded vote on agreeing to said motion,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
229
<3-line {>
affirmative
Nays
187
para.11.13 [Roll No. 26]
AYES--229
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
[[Page 292]]
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--187
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--17
Becerra
Bryant (TX)
Chapman
Filner
Green
Hayes
Johnson (SD)
Lewis (CA)
Manton
Meyers
Packard
Radanovich
Rose
Sanders
Seastrand
Smith (WA)
Stockman
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.11.14 privileges of the house
Ms. JACKSON-LEE rose to a question of the privileges of the House and
called up the following resolution (H. Res. 354):
Whereas the inability of the House to pass a bill to raise
the public debt limit will cause the Federal Government to
default on its obligations and affect the dignity and
integrity of House proceedings; and
Whereas the inability of the House to pass a bill to raise
the public debt limit will cause severe hardship on Federal
employees, Federal contractors, and the American people and
cause millions of American citizens to hold the House in
disrepute: Now, therefore, be it
Resolved, That upon the adoption of this resolution, the
Speaker of the House shall take such action to keep the House
in session until the House considers a clean bill regarding
the debt ceiling to avoid default of the full faith and
credit of the United States.
Ms. JACKSON-LEE was recognized to speak and said:
``Mr. Speaker, rule IX, section 1 in particular, speaks to questions
of privilege affecting the rights of the House collectively, its safety,
dignity, and the integrity of its proceedings.
``But second, Mr. Speaker, it talks about affecting the rights,
reputation and conduct of Members individually. And, therefore, we can
see in that rule that there may be actions taken collectively by this
body that would put this House in ill repute in the eyes of its
constituents, in the eyes of other Members, and in the eyes
collectively, of the American people.
``Mr. Speaker, I would affirm that recessing this House in light of
the failure of the leader's privileged resolution to pass a clean debt
ceiling will befall upon this House in the eyes of the American people a
reputation that we would not be proud of. The House of Representatives
will be held in disrepute by world leaders, international financial
institutions, and most importantly the citizens of this country, if it
does not pass a bill relating to the debt ceiling.
``Mr. Speaker, it is my contention that this is a grave matter, and in
many ways affects the dignity and integrity of these House proceedings.
The Secretary of the Treasury has stated that the Federal Government
will be in default of its financial obligations if the debt ceiling
limit is not raised and a $5.8 billion interest payment made very soon.
``In accordance with the responsibilities of his office, Secretary
Rubin has already sent a letter on January 22, 1996, to the
congressional leadership stating under the current conditions the U.S.
Treasury will no longer be able to fulfill all of its financial
obligations.
``Clearly, Mr. Speaker, we have been on notice and we are on notice
that actions by this body would put it in disrepute and have it viewed
as not performing its responsibilities.
``As we are aware, Mr. Speaker, the financial reputation of an
organization is based solely upon the financial history it has
established. Mr. Speaker, it has been an undeniable fact that this House
was given 38 days of notice of the impending financial dilemma. If this
body fails to pass a bill, which we have already done so by rejecting
the leader's privileged resolution, then we would not be in good
standing.
``May I remind the Speaker that rule IX of the House states questions
of privilege go to the dignity and reputation of this House.
``Mr. Speaker, might I also say that, if on February 26, when we have
the obligation of sending out to millions of Americans Social Security
checks, I can tell my colleagues that if those checks go out with no
clean debt ceiling, they will bounce. If that is not a blight on the
integrity of this House, then I do not know what is.
``Mr. Speaker, if I may personally say, having had the privilege of
going to Bosnia, visiting with the people of those nations, Bosnia, the
former Yugoslavia and Croatia, when making a very weighty decision by
this body as to whether we would go in as peacekeeping troops in this
effort, I had the privilege of talking to the men and women who are now
serving in Bosnia. The only thing they asked of us is: Will the American
people be with us?
``Mr. Speaker, here we stand on the House floor about to recess and go
home and jeopardize the opportunity and the responsibility to pay those
military personnel by March 1. Mr. Speaker, I think that we have come to
a point legitimately under rule IX that we must stand up because we
provide a harm to the American people. That harm is the inability to pay
Social Security; the inability to pay veterans' benefits; the inability
to pay our military personnel; and, yes, the disrepute that will fall
upon this House and this Nation when it is not able to pay its
responsibilities and uphold the full faith and credit of this Nation.
[[Page 293]]
``Mr. Speaker, I would ask that we not recess and we stand with the
American people. Do not bring a lack of dignity on this House on the
American people.''.
Ms. WOOLSEY was recognized to speak and said:
``Mr. Speaker, here we go again. The folks who brought two Government
shutdowns are now threatening to bring our Nation to the brink of
default one more time. They are doing this in one more attempt to force
their extreme agenda on the American people.
``That is right, once again the Gingrich Republicans have the Nation
teetering on the edge of crisis, and instead of working to avoid
disaster, the Speaker and his gang want to leave town this weekend.
``My colleagues heard me. They want to leave the Nation's full faith
and credit, as well as the fate of millions of Social Security and
veterans' beneficiaries, hanging by a thread until Congress reconvenes 3
weeks from now.
``Mr. Speaker, that is right. Mr. Speaker, I would like to ask why the
motion to adjourn is a privilege and the resolution to prevent
adjournment is not a privilege. I would suggest that we be able to speak
on either side of adjourning or not adjourning, equally. And I would
hope that I could then have another Member of our caucus speak to this
same issue.
``Mr. Speaker, I would like to ask why, if the motion to adjourn is a
privilege, that the motion not to adjourn is not the same privilege.''.
Mr. SOLOMON was recognized to speak and said:
``Mr. Speaker, I rise to argue briefly that the resolution does not
constitute a question of the privileges of the House under rule IX.
``As recently as 4:50 p.m. today, a few minutes ago, the Chair rules
against a resolution purporting to raise a question of privilege, on the
grounds that it effected a change in House rules by providing for
passage of a specified bill.
``The resolution before us is only a slight modification of the
previous resolution, by requiring the Speaker to take action to keep the
House in session until the House considers certain legislation. As such,
the resolution attempts to change House rules by altering the duties of
the Speaker as specified in House rule number I.
``Presumably, the Speaker would even be required to not recognize
anyone who offered a constitutionally privileged motion to adjourn. This
is not only changing House rules, but it actually violates the
Constitution of the United States. I would, therefore, urge the Chair to
rule against the resolution in conformity with the Chair's previous
rulings and House precedents, and I would urge the Speaker to rule.''.
Mr. WALKER was recognized to speak and said:
``Mr. Speaker, the resolution is obviously a resolution of the same
nature as those that have been ruled on previously by Speakers
extending back for several decades.
``The cause being brought by the gentlewoman from Texas [Ms. Jackson-
Lee] is under rule IX. This is obviously not a question of privilege
under the provisions of rule IX, and so, therefore, I request that the
Chair rule against this matter as a question of privilege.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, ruled that the
resolution submitted did not present a question of the privileges of
the House under rule IX, and said:
``The resolution offered by the gentlewoman from Texas alleges that
the failure of the House to take a specified legislative action impairs
its dignity and the integrity of its proceeding and lowers it in public
esteem. On that premise, it resolves that the Speaker keep the House in
session until it considers a pertinent legislative measure.
``The resolution offered by the gentlewoman from Texas, like those
offered on February 7, and December 22, 1995, and on January 3 and
January 24, 1996, and earlier today, attempts to advance a legislative
proposition as a question of the privileges of the House.
``For the reasons just stated by the Chair when ruling that the
resolution offered by the gentleman from Missouri did not constitute a
question of privileges of the House, the Chair holds that the
resolution offered by the gentlewoman from Texas [Ms. Jackson-Lee] does
not affect the rights of the House collectively, its safety, dignity,
or the integrity of its proceedings within the meaning of clause 1 of
rule IX. Rather, it proposes to impose a particular legislative
schedule on the House, precluding an adjournment of the House until a
specified legislative measure is considered, as an antidote for the
alleged disrepute of previous inaction.
``Therefore, the resolution does not constitute a question of
privilege under rule IX.''.
Ms. JACKSON-LEE appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. SOLOMON moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the
Chair?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Ms. JACKSON-LEE objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken
by electronic device.
Yeas
229
When there appeared
<3-line {>
Nays
181
para.11.15 [Roll No. 27]
YEAS--229
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kelly
Kim
King
Kingston
Klug
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Stearns
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--181
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
[[Page 294]]
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--23
Baker (LA)
Becerra
Bryant (TX)
Callahan
Chapman
Condit
Filner
Green
Hobson
Johnson (SD)
Kasich
Kleczka
Kolbe
Lewis (CA)
Manton
Meyers
Packard
Radanovich
Rose
Sanders
Seastrand
Spence
Stockman
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.11.16 providing for the consideration of h.r. 2924
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 355):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
2924) to guarantee the timely payment of social security
benefits in March 1996. The bill shall be debatable for one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Means.
The previous question shall be considered as ordered on the
bill to final passage without intervening motion except one
motion to recommit. The motion to recommit may include
instructions only if offered by the Minority Leader or his
designee.
When said resolution was considered.
After debate,
Mr. GOSS moved the previous question on the resolution to its adoption
or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
229
When there appeared
<3-line {>
Nays
178
para.11.17 [Roll No. 28]
YEAS--229
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Sensenbrenner
Shadegg
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--178
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wyden
Yates
NOT VOTING--26
Baker (LA)
Becerra
Bryant (TX)
Callahan
Chapman
Clay
Collins (IL)
Filner
Gibbons
Green
Harman
Kolbe
Lewis (CA)
Manton
Martinez
Meyers
Mfume
Ortiz
Packard
Radanovich
Rose
Sanders
Seastrand
Shaw
Wilson
Wynn
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.11.18 adjournment of the two houses
Mr. SOLOMON submitted the following privileged concurrent resolution
(H. Con. Res. 141):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Thursday, February 1, 1996, it stand adjourned until
12:30 p.m. on Monday, February 26, 1996, or until noon on the
second day after Members are notified to reassemble pursuant
to section 2 of this concurrent resolution, whichever occurs
first; and that when the Senate recesses or adjourns at the
close of business on Thursday, February 1, 1996, Tuesday,
February 6, 1996, Wednesday, February 7, 1996, Thursday,
February 8, 1996, Tuesday, February 13, 1996, Wednesday,
February 14, 1996, or Thursday, February 15, 1996, pursuant
to a motion made by the majority leader or his designee in
accordance with this resolution,
[[Page 295]]
it stand recessed or adjourned until 3 p.m. on Monday,
February 26, 1996, or until noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this concurrent resolution, whichever occurs first.
Sec. 2. The Speaker of the House and the majority leader of
the Senate, acting jointly after consultation with the
minority leader of the House and the minority leader of the
Senate, shall notify the Members of the House and Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered.
By unanimous consent, the previous question was ordered on the
concurrent resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said concurrent resolution.
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
Mr. FRANK of Massachusetts demanded a recorded vote on agreeing to
said concurrent resolution, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
207
<3-line {>
affirmative
Nays
199
para.11.19 [Roll No. 29]
AYES--207
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Bryant (TN)
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Cooley
Cox
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
LaHood
Largent
LaTourette
Laughlin
Lazio
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Regula
Riggs
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Sensenbrenner
Shadegg
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--199
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Beilenson
Bentsen
Bereuter
Berman
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bunn
Cardin
Christensen
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Ganske
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Latham
Leach
Levin
Lewis (GA)
Lightfoot
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roberts
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--28
Baker (LA)
Becerra
Bevill
Bryant (TX)
Callahan
Chapman
Crane
Dingell
Fawell
Filner
Gibbons
Green
Greenwood
Kolbe
Lewis (CA)
Manton
Martinez
Meyers
Mfume
Packard
Peterson (FL)
Radanovich
Ros-Lehtinen
Rose
Sanders
Seastrand
Shaw
Wilson
So the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.11.20 social security payment guarantee
Mr. ARCHER, pursuant to House Resolution 355, called up the bill (H.R.
2924) to guarantee the timely payment of social security benefits in
March 1996.
When said bill was considered and read twice.
After debate,
The previous question having been ordered by said resolution.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
Mr. ARCHER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
396
When there appeared
<3-line {>
Nays
0
para.11.21 [Roll No. 30]
YEAS--396
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Buyer
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
[[Page 296]]
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shadegg
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--37
Baker (LA)
Becerra
Berman
Bevill
Bryant (TX)
Burton
Callahan
Calvert
Chapman
Diaz-Balart
Ewing
Filner
Gallegly
Gibbons
Green
Hoekstra
Jacobs
Kolbe
LaFalce
Lewis (CA)
Manton
Martinez
Meehan
Meyers
Mfume
Moakley
Packard
Peterson (FL)
Radanovich
Ros-Lehtinen
Rose
Sanders
Sanford
Seastrand
Shaw
Solomon
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.11.22 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment a bill of the
House of the following title:
H.R. 2657. An Act to award a congressional gold medal to
Ruth and Billy Graham.
para.11.23 committee resignation--majority
The SPEAKER pro tempore, Mr. METCALF, laid before the House the
following communication, which was read as follows:
February 1, 1996.
Hon. Newt Gingrich,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: Pursuant to your letter dated Jan. 29,
1996, I hereby resign as a member of the House Committee on
the Budget, effective immediately.
Thank you for your consideration in this matter.
Sincerely,
Pete Hoekstra,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.11.24 committee election--majority
Mr. ARMEY, by direction of the Republican Conference, submitted the
following privileged resolution (H. Res. 357):
Resolved, That the following named Member be, and he is
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Budget: Mr. Neumann of Wisconsin.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.11.25 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. METCALF, laid before the House a
communication, which was read as follows:
Washington, DC,
February 1, 1996.
I hereby designate the Honorable Constance A. Morella to
act as Speaker pro tempore to sign enrolled bills and joint
resolutions through Monday, February 26, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.11.26 resignation as member of house of representatives
The SPEAKER pro tempore, Mr. METCALF, laid before the House the
following communication, which was read as follows:
Washington, DC,
January 19, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington DC.
Dear Mr. Speaker: Attached herewith is a copy of my letter
of resignation as presented to the Governor of the State of
Maryland, the Honorable Parris N. Glendening.
Effective February 18, 1996, I am resigning as
Representative to the United States Congress from Maryland's
7th Congressional District.
Sincerely,
Kweisi Mfume,
Member of Congress.
para.11.27 ruth and billy graham gold medal
On motion of Mr. CASTLE, by unanimous consent, the bill (H.R. 2657) to
award a congressional gold medal to Ruth and Billy Graham; together with
the following amendment of the Senate thereto, was taken from the
Speaker's table:
Page 4, strike out lines 8 through 19.
On motion of Mr. CASTLE, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.11.28 general leave to extend remarks in the record
On motion of Mr. CASTLE, by unanimous consent,
Ordered, That all Members of the House be permitted to extend their
remarks and to include extraneous material in that section of the Record
entitled ``Extension of Remarks''.
para.11.29 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. CASTLE, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Monday, February 26, 1996, the Speaker and Minority Leader be authorized
to accept resignations and to appoint commissions, boards and committees
duly authorized by law or by the House.
para.11.30 calendar wednesday business dispensed with
On motion of Mr. CASTLE, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
February 28, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.11.31 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on the calendar day of Friday,
February 2 (legislative day of Thursday, February 1), 1996, it stand
adjourned until 8 p.m. on Tuesday, February 6, 1996, unless the House
sooner receives a message from the Senate transmitting its concurrence
in House Concurrent Resolution 141, in which case the House shall stand
adjourned pursuant to said concurrent resolution.
para.11.32 recess--10:38 p.m.
The SPEAKER pro tempore, Mr. METCALF, pursuant to clause 12 of
[[Page 297]]
rule I, declared the House in recess at 10 o'clock and 38 minutes p.m.,
subject to the call of the Chair
FRIDAY, FEBRUARY 2 (LEGISLATIVE DAY OF FEBRUARY 1), 1996
para.11.33 after recess--12:01 a.m.
The SPEAKER pro tempore, Mr. METCALF, called the House to order.
para.11.34 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following days present to the President, for his
approval, bills of the House of the following title:
On January 31:
H.R. 2029. An Act to amend the Farm Credit Act of 1971 to
provide regulatory relief, and for other purposes.
H.R. 2111. An Act to designate the Federal building located
at 1221 Nevin Avenue in Richmond, CA, as the ``Frank Hagel
Federal Building''.
H.R. 2726. An Act to make certain technical corrections in
laws relating to Native Americans, and for other purposes.
H.R. 1868. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1996, and for other
purposes.
On February 1:
H.R. 2353. An Act to amend title 38, United States Code, to
extend the authority of the Secretary of Veterans Affairs to
carry out certain reports from the Secretary of Veterans
Affairs, and for other purposes.
para.11.35 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. RADANOVICH, for today after 4:30 p.m.; and
To Mrs. SEASTRAND, for today after 4:30 p.m. and balance of the week.
And then,
para.11.36 adjournment
The SPEAKER pro tempore, Mr. METCALF, by unanimous consent and
pursuant to the special order heretofore agreed to, at 12 o'clock and 2
minutes a.m., declared the House adjourned on Friday, February 2
(legislative day of February 1), 1996 until 8 o'clock p.m. on Tuesday,
February 6, 1996.
para.11.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOSS: Committee on Rules. House Resolution 355.
Resolution providing for consideration of the bill (H.R.
2924) to guarantee the timely payment of Social Security
benefits in March 1996 (Rept. No. 104-460). Referred to the
House Calendar.
Mr. LEACH: Committee on Banking and Financial Services.
H.R. 2406. A bill to repeal the United States Housing Act of
1937, deregulate the public housing program and the program
for rental housing assistance for low-income families, and
increase community control over such programs, and for other
purposes; with an amendment (Rept. No. 104-461). Referred to
the Committee of the Whole House on the State of the Union.
para.11.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ARCHER (for himself, Mr. Crane, Mr. Thomas, Mr.
Shaw, Mrs. Johnson of Connecticut, Mr. Bunning of
Kentucky, Mr. Houghton, Mr. Herger, Mr. McCrery, Mr.
Hancock, Mr. Camp, Mr. Ramstad, Mr. Zimmer, Mr.
Nussle, Mr. Sam Johnson, Ms. Dunn of Washington, Mr.
Collins of Georgia, Mr. Portman, Mr. Hayes, Mr.
Laughlin, Mr. English of Pennsylvania, Mr. Ensign,
and Mr. Christensen):
H.R. 2924. A bill to guarantee the timely payment of Social
Security benefits in March 1996; to the Committee on Ways and
Means.
By Mr. HYDE (for himself, Mr. Archer, Mr. Weldon of
Florida, Mr. McCollum, Mr. Gekas, Mr. Coble, Mr.
Smith of Texas, Mr. Hastert, Mr. Schiff, Mr. Thomas,
Mr. Canady, Mr. Inglis of South Carolina, Mr.
Goodlatte, Mr. Boucher, Mr. Crane, Mr. Shaw, Mrs.
Johnson of Connecticut, Mr. McCrery, Mr. Camp, Mr.
Campbell, Mr. Sam Johnson, Mr. Christensen, Mr.
Ganske, Mr. Lipinski, and Mr. Hancock):
H.R. 2925. A bill to modify the application of the
antitrust laws to health care provider networks that provide
health care services; and for other purposes; to the
Committee on the Judiciary.
By Mr. EWING (for himself, Mr. Dreier, Mr. Kolbe, Mr.
Knollenberg, and Mr. Manzullo):
H.R. 2926. A bill to extend nondiscriminatory treatment
(most-favored-nation treatment) to the products of certain
nonmarket economy countries; to the Committee on Ways and
Means.
By Mr. BILBRAY (for himself, Mr. Hunter, Mr. Packard,
Mr. Cunningham, and Mr. Filner):
H.R. 2927. A bill to amend the Fair Housing Act regarding
local and State laws and regulations governing residential
care facilities; to the Committee on the Judiciary.
By Mr. NEUMANN:
H.R. 2928. A bill to amend title II of the Social Security
Act to ensure the integrity of the Social Security trust
funds by requiring the managing trustee to invest the annual
surplus of such trust funds in marketable interest-bearing
obligations of the United States and certificates of deposit
in depository institutions insured by the Federal Deposit
Insurance Corporation, and to protect such trust funds from
the public debt limit; to the Committee on Ways and Means.
By Mr. MARKEY:
H.R. 2929. A bill to amend title I of the Public Utility
Regulatory Policies Act of 1978 to deregulate the electric
power industry; to the Committee on Commerce, and in addition
to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NEUMANN:
H.R. 2930. A bill to amend title II of the Social Security
Act to provide for an improved benefit computation formula
for workers who attain age 65 in or after 1982 by providing a
new 10-year rule governing the transition to the changes in
benefit computation rules enacted in the Social Security
amendments of 1977, and related beneficiaries and to provide
prospectively for increases in their benefits accordingly,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Commerce, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LUTHER:
H.R. 2931. A bill to amend title 10, United States Code, to
expand the procurement program under which the Department of
Defense assists State and local governments to purchase
equipment suitable for counter-drug activities to include the
purchase of any law enforcement equipment to the Committee on
National Security.
By Mr. BURR (for himself, Mr. Coburn, Mr. Stenholm, Mr.
Upton, Mr. Brewster, Mr. Bilbray, Mrs. Lincoln, and
Mr. Heineman):
H.R. 2932. A bill to amend the Federal Food, Drug, and
Cosmetic Act to revise the requirements of that act relating
to the dissemination of scientific information on drugs; to
the Committee on Commerce.
By Mr. BALDACCI (for himself, Mr. LaFalce, Mr.
Hilliard, Mr. Sisisky, Mrs. Clayton, Mr. Meehan, Mr.
Bentsen, and Mr. Flake):
H.R. 2933. A bill to amend the Small Business Act
concerning the level of participation by the Small Business
Administration in loans guaranteed under the Export Working
Capital Program; to the Committee on Small Business.
By Mr. BLUTE:
H.R. 2934. A bill to eliminate certain Federal programs and
subsidies; to the Committee on Ways and Means, and in
addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BUNN of Oregon (for himself, Mr. White, Ms. Dunn
of Washington, and Mr. Young of Alaska):
H.R. 2935. A bill to amend title 28, United States Code, to
divide the Ninth Judicial Circuit of the United States into
two circuits, and for other purposes; to the Committee on the
Judiciary.
By Mr. CHAPMAN:
H.R. 2936. A bill to provide that if a member nation of the
North Atlantic Treaty Organization, the Republic of Korea, or
Japan does not agree, by the end of fiscal year 1997, to
contribute to the United States for each fiscal year an
amount equal to the full direct costs to the United States of
U.S. military forces permanently stationed ashore in that
country for that fiscal year, all such United States forces
assigned in that country shall be withdrawn not later than
the end of fiscal year 1999 and to provide that the amount of
all such contributions and the amount of savings from such
withdrawals shall be deposited in the Federal Hospital
Insurance Trust Fund; to the Committee on International
Relations, and in addition to the Committees on National
Security, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. CLINGER (for himself, Mr. Armey, Mr. DeLay, Mr.
Walker, Mr. Burton of Indiana, Mr. Davis, Mr. Fox,
Mr. Hastert, Mr. Schiff, Mr. Blute, Mr. LaTourette,
Mr. Frank of Massachusetts, Mrs. Morella, Mrs.
Vucanovich, Mr. Ballenger, and Mr. Ehrlich):
H.R. 2937. A bill for the reimbursement of legal expenses
and related fees incurred by former employees of the White
House Travel Office with respect to the termination of their
employment in that Office on May 19, 1993; to the Committee
on the Judiciary.
[[Page 298]]
By Mr. GOODLATTE (for himself, Mr. Moorhead, Mr.
McCollum, Mr. Smith of Texas, Mr. Hoke, and Mr.
Bryant of Tennessee):
H.R. 2938. A bill to encourage the furnishing of health
care services to low-income individuals by exempting health
care professionals from liability for negligence for certain
health care services provided without charge except in cases
of gross negligence or willful misconduct, and for other
purposes; to the Committee on the Judiciary.
By Mr. GUNDERSON (for himself and Mr. Bereuter):
H.R. 2939. A bill to direct the Secretary of the Interior
to conduct a pilot test of the Mississippi Interstate
Cooperative Resource Agreement; to the Committee on
Resources.
By Mr. HAYES (for himself, Mr. Tauzin, Mr. Baker of
Louisiana, Mr. Jefferson, and Mr. McCrery):
H.R. 2940. A bill to amend the Deepwater Port Act of 1974;
to the Committee on Transportation and Infrastructure, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HEFLEY:
H.R. 2941. A bill to improve the quantity and quality of
the quarters of land management agency field employees, and
for other purposes; to the Committee on Resources, and in
addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. JOHNSON of South Dakota:
H.R. 2942. A bill to amend the Railroad Retirement Act of
1974 to prevent the canceling of annuities to certain
divorced spouses of workers whose widows elect to receive
lump-sum payments; to the Committee on Transportation and
Infrastructure.
By Mr. JOHNSON of South Dakota (for himself and Mr.
Skeen):
H.R. 2943. A bill to provide for the collection of fossils
on Federal lands, and for other purposes; to the Committee on
Resources, and in addition to the Committees on Agriculture,
and Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MALONEY:
H.R. 2944. A bill to reform the financing of Federal
elections, and for other purposes; to the Committee on House
Oversight, and in addition to the Committees on Commerce, the
Judiciary, Government Reform and Oversight, and Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MILLER of California:
H.R. 2945. A bill to limit the provision of assistance to
the Government of Mexico using the exchange stabilization
fund established pursuant to section 5302 of title 31, United
States Code, and for other purpose; to the Committee on
Banking and Financial Services.
H.R. 2946. A bill to provide that applications by Mexican
motor carriers of property for authority to provide service
across the United States-Mexico international boundary line
and by persons of Mexico who establish enterprises in the
United States seeking to distribute international cargo in
the United States shall not be approved until certain
certifications are made to the Congress by the President and
the Secretary of Transportation, and for other purposes; to
the Committee on Transportation and Infrastructure.
H.R. 2947. A bill expressing the sense of the House of
Representatives regarding the failure of Mexico to cooperate
with the United States in controlling the transport of
illegal drugs and controlled substances and the denial of
certain assistance to Mexico as a result of that failure; to
the Committee on International Relations, and in addition to
the Committee on Banking and Financial Services, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MINK of Hawaii:
H.R. 2948. A bill to increase the amount authorized to be
appropriated for additions to Haleakala National Park; to the
Committee on Resources.
By Ms. MOLINARI:
H.R. 2949. A bill to strengthen Federal law with respect to
the prohibitions against and penalties for acts which
sabotage or otherwise threaten the safety of rail
Transportation and mass transit; to the Committee on
transportation and Infrastructure, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. NETHERCUTT (for himself, Mr. McHugh, Mr. Cooley,
Mr. Hastings of Washington, Mrs. Chenoweth, and Mr.
Johnson of South Dakota):
H.R. 2950. A bill to preserve and strengthen the Foreign
Market Development Cooperator Program of the Department of
Agriculture, and for other purposes; to the Committee on
Agriculture.
By Mr. PETRI:
H.R. 2951. A bill to protect United States taxpayers by
preventing the use of Federal funds for construction of a dam
on the American River at Auburn, CA; to the Committee on
Resources, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. PORTER (for himself, Mr. Shays, Mr. Calvert, Mr.
Manzullo, and Mr. Petri):
H.R. 2952. A bill to amend the Internal Revenue Code of
1986 and title II of the Social Security Act to reduce Social
Security taxes, to reduce old-age insurance benefits by a
corresponding amount, and to provide for the establishment of
individual Social Security retirement accounts funded by
payroll deductions and employer contributions equal to the
amount of the tax reduction; to the Committee on Ways and
Means, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. PORTER (for himself and Mr. Inglis of South
Carolina):
H.R. 2953. A bill to amend the Internal Revenue Code of
1986 and the Social Security Act to provide for personal
investment plans funded by employee Social Security payroll
deductions; to the Committee on Ways and Means, and in
addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. ROYCE:
H.R. 2954. A bill to amend title 18, United States Code, to
provide Federal penalties for stalking; to the Committee on
the Judiciary.
By Mr. SHADEGG:
H.R. 2955. A bill to stop abuse of Federal collateral
remedies; to the Committee on the Judiciary.
By Mr. STUDDS:
H.R. 2956. A bill to amend the Interjurisdictional
Fisheries Act of 1986 to authorize the provision of certain
disaster assistance to commercial fishermen through State and
local government agencies and nonprofit organizations, and
for other purposes; to the Committee on Resources.
H.R. 2957. A bill to deauthorize a portion of the
navigation project for Weymouth-Fore and Town Rivers, MA; to
the Committee on Transportation and Infrastructure.
By Mr. STUPAK:
H.R. 2958. A bill to authorize the Secretary of the
Interior to make appropriate improvements to a county road
located in the Pictured Rocks National Lakeshore, and to
prohibit construction of a scenic shoreline drive in that
national lakeshore; to the Committee on Resources.
By Mr. TORKILDSEN (for himself, Ms. Harman, Mr.
Dellums, Mrs. Morella, Mr. Shays, Mr. Gunderson, Mr.
Studds, Mr. Campbell, Mr. Ward, Ms. DeLauro, Mr.
Boehlert, Mr. Bilbray, Mr. Gilman, Ms. Pelosi, Mr.
Abercrombie, Mr. Meehan, Mrs. Maloney, Mr. Sabo, Mr.
Yates, Mr. Gutierrez, Mr. Markey, Mr. Miller of
California, Mr. Farr, Mr. Waxman, Mr. Deutsch, Ms.
Waters, Ms. Rivers, Mr. Matsui, Mr. Brown of
California, Mr. Ackerman, Ms. Furse, Mrs. Schroeder,
Mr. DeFazio, Mr. Martinez, Mr. Evans, Mr. Berman, Mr.
Frank of Massachusetts, Mr. Hinchey, Ms. Slaughter,
Mr. Nadler, Mr. Olver, Mr. Stark, Mr. Kennedy of
Massachusetts, Mr. Gejdenson, and Mr. Kennedy of
Rhode Island):
H.R. 2959. A bill to repeal the requirement enacted in the
National Defense Authorization Act for fiscal year 1996 for
the mandatory discharge or retirement of any member of the
Armed Forces who is HIV positive; to the Committee on
National Security.
By Mr. ZIMMER (for himself and Mr. Blute):
H.R. 2960. A bill to amend the Internal Revenue Code of
1986 to provide that amounts derived from Federal grants in
connection with revolving funds established in accordance
with the Federal Water Pollution Control Act will not be
treated as investment property for purposes of section 148 of
such Code; to the Committee on Ways and Means.
By Mr. BARTON of Texas (for himself, Mr. Pete Geren of
Texas, Mr. Shadegg, Mr. Hall of Texas, Mr. Saxton,
Mr. Allard, Mr. Andrews, Mr. Armey, Mr. Bachus, Mr.
Baker of California, Mr. Baker of Louisiana, Mr.
Ballenger, Mr. Barr, Mr. Barrett of Nebraska, Mr
Bartlett of Maryland, Mr. Bliley, Mr. Boehner, Mr.
Bonilla, Mr. Brownback, Mr. Bryant of Tennessee, Mr.
Bunn of Oregon, Mr. Bunning of Kentucky, Mr. Burr,
Mr. Burton of Indiana, Mr. Callahan, Mr. Calvert, Mr.
Camp, Mr. Chabot, Mr. Chambliss, Mrs. Chenoweth, Mr.
Christensen, Mr. Chrysler, Mr. Coble, Mr. Coburn, Mr.
Collins of Georgia, Mr. Combest, Mr. Cooley, Mr. Cox,
Mr. Crane, Mr. Cremeans, Mrs. Cubin, Mr. Cunningham,
Mr. Deal of Georgia, Mr. Dickey, Mr. Doolittle, Mr.
Dornan, Mr. Duncan, Ms. Dunn of Washington, Mr.
Emerson, Mr. English of Pennsylvania, Mr. Ensign, Mr.
Foley, Mr. Forbes, Mrs. Fowler, Mr. Fox, Mr. Franks
of New Jersey, Mr. Franks of Connecticut,
[[Page 299]]
Mr. Frelinghuysen, Mr. Frisa, Mr. Funderburk, Mr.
Ganske, Mr. Gilman, Mr. Goodling, Mr. Goss, Mr.
Graham, Mr. Greenwood, Mr. Gutknecht, Mr. Hancock,
Mr. Hansen, Mr. Hastert, Mr. Hastings of Washington,
Mr. Hayes, Mr. Hayworth, Mr. Hefley, Mr. Heineman,
Mr. Herger, Mr. Hilleary, Mr. Horn, Mr. Hunter, Mr.
Hutchinson, Mr. Inglis of South Carolina, Mr. Istook,
Mr. Sam Johnson, Mr. Jones, Mrs. Kelly, Mr. King, Mr.
Kingston, Mr. Klug, Mr. Knollenberg, Mr. Kolbe, Mr.
Largent, Mr. Latham, Mr. Laughlin, Mr. Lewis of
Kentucky, Mr. Lightfoot, Mr. Linder, Mr. LoBiondo,
Mr. Lucas, Mr. Manzullo, Mr. Martini, Mr. McCollum,
Mr. McCrery, Mr. McHugh, Mr. McInnis, Mr. McIntosh,
Mr. McKeon, Mr. Metcalf, Mr. Mica Mr. Miller of
Florida, Mrs. Myrick, Mr. Neumann, Mr. Ney, Mr.
Norwood, Mr. Packard, Mr. Parker, Mr. Paxon, Mr.
Quillen, Mr. Quinn, Mr. Radanovich, Mr. Ramstad, Mr.
Riggs, Mr. Roberts, Mr. Rohrabacher, Mr. Royce, Mr.
Salmon, Mr. Sanford, Mr. Scarborough, Mr. Schaefer,
Mrs. Seastrand, Mr. Sensenbrenner, Mr. Skeen, Mr.
Smith of Texas, Mrs. Smith of Washington, Mr.
Solomon, Mr. Souder, Mr. Spence, Mr. Stearns, Mr.
Stockman, Mr. Stump, Mr. Talent, Mr. Tate, Mr.
Tauzin, Mr. Taylor of North Carolina, Mr. Thornberry,
Mr. Tiahrt, Mr. Torkildsen, Mr. Upton, Mrs.
Waldholtz, Mr. Wamp, Mr. Watts of Oklahoma, Mr.
Weldon of Florida, Mr. Weldon of Pennsylvania, Mr.
Weller, Mr. Wicker, Mr. Young of Alaska, and Mr.
Zeliff:
H.J. Res. 159. Joint resolution proposing an amendment to
the Constitution of the United States to require two-thirds
majorities for bills increasing taxes; to the Committee on
the Judiciary.
By Mr. SOLOMON:
H. Con. Res. 141. Concurrent resolution providing for the
adjournment of the two Houses; considered and agreed to.
By Mr. BEREUTER (for himself, Mr. Gilman, Mr.
Gejdenson, Mr. Hastings of Florida, Mr. Houghton, and
Mr. Payne of New Jersey):
H. Con. Res. 142. Concurrent resolution regarding the human
rights situation in Mauritania, including the continued
practice of chattel slavery; to the Committee on
International Relations.
By Mr. DOYLE (for himself, Mr. Graham, Mr. Mascara, Mr.
Largent, Mr. Holden, Mr. McHale, Mr. Kanjorski, Mr.
Fattah, Mr. Borski, and Mr. Klink):
H. Con. Res. 143. Concurrent resolution expressing the
sense of the Congress that the President should award a medal
of honor to Wayne T. Alderson in recognition of acts
performed at the risk of his life and beyond the call of duty
while serving in the U.S. Army during World War II; to the
Committee on National Security.
By Mr. SAWYER (for himself, Mr. Bonior, Mr. Clay, Mr.
Abercrombie, Mr. Ackerman, Mr. Baesler, Mr. Baldacci,
Mr. Barcia of Michigan, Mr. Becerra, Mr. Beilenson,
Mr. Bentsen, Mr. Bevill, Mr. Bishop, Mr. Borski, Mr.
Brewster, Ms. Brown of Florida, Mr. Brown of
California, Mr. Brown of Ohio, Mr. Cardin, Mr.
Chapman, Mrs. Clayton, Mr. Clement, Mr. Clyburn, Miss
Collins of Michigan, Mrs. Collins of Illinois, Mr.
Coleman, Mr. Condit, Mr. Coyne, Ms. Danner, Mr.
DeFazio, Ms. DeLauro, Mr. Dingell, Mr. Dixon, Mr.
Doggett, Mr. Engel, Ms. Eshoo, Mr. Evans, Mr.
Faleomavaega, Mr. Farr, Mr. Fattah, Mr. Fazio of
California, Mr. Ford, Mr. Frank of Massachusetts, Mr.
Frazer, Mr. Frost, Ms. Furse, Mr. Gejdenson, Mr. Pete
Geren of Texas, Mr. Gibbons, Mr. Gene Green of Texas,
Mr. Gutierrez, Ms. Harman, Mr. Hastings of Florida,
Mr. Hefner, Mr. Hilliard, Mr. Hinchey, Mr. Holden,
Mr. Houghton, Mr. Hoyer, Mr. Jackson, Ms. Jackson-
Lee, Mr. Jacobs, Mr. Jefferson, Mr. Johnson of South
Dakota, Ms. Eddie Bernice Johnson of Texas, Mr.
Johnston of Florida, Mr. Kennedy of Massachusetts,
Mr. Kennedy of Rhode Island, Mrs. Kennelly, Mr.
Kildee, Mr. Klink, Mr. Levin, Mr. Lewis of Georgia,
Mrs. Lincoln, Mr. Lipinski, Ms. Lofgren, Mr.
McDermott, Ms. McKinney, Mr. Markey, Mr. Martinez,
Mr. Matsui, Mr. Meehan, Mrs. Meek of Florida, Mr.
Miller of California, Mr. Minge, Mrs. Mink of Hawaii,
Mr. Moakley, Mr. Moran, Ms. Norton, Mr. Oberstar, Mr.
Olver, Mr. Ortiz, Mr. Orton, Mr. Owens, Mr. Pastor,
Mr. Payne of New Jersey, Mr. Payne of Virginia, Ms.
Pelosi, Mr. Peterson of Minnesota, Mr. Peterson of
Florida, Mr. Pickett, Mr. Poshard, Mr. Rahall, Mr.
Reed, Mr. Roemer, Mr. Romero-Barcelo, Ms. Roybal-
Allard, Mr. Rush, Mr. Sabo, Mr. Sanders, Mr. Scott,
Mr. Serrano, Mr. Skaggs, Ms. Slaughter, Mr. Stark,
Mr. Stenholm, Mr. Stokes, Mr. Studds, Mr. Stupak, Mr.
Tanner, Mr. Thompson, Mrs. Thurman, Mr. Traficant,
Mr. Underwood, Ms. Velazquez, Mr. Vento, Ms. Waters,
Mr. Watt of North Carolina, Mr. Waxman, Mr. Williams,
Mr. Wise, Ms. Woolsey, Mr. Wynn, Ms. McCarthy, Mr.
Luther, Mr. Costello, Mr. Spratt, Mr. Cramer, Mr.
Torres, Mr. Nadler, Mr. Menendez, Mr. Boucher, Ms.
Rivers, Mr. Dooley, Mr. Volkmer, Mr. Murtha, Mr.
Pomeroy, Mr. Neal of Massachusetts, Mr. Torricelli,
Mr. Ward, Mr. Gonzalez, Mr. Dicks, Mr. Skelton, Mr.
Flake, Mr. McNulty, Mr. Durbin, Mr. Mollohan, Mr.
Kanjorski, Mr. Towns, Mr. Mascara, Mr. Montgomery,
Mr. Hall of Texas, Mr. de la Garza, Mr. Fields of
Louisiana, Mr. Taylor of Mississippi, Mr. Obey, Mr.
Edwards, Mr. Deutsch, and Mr. Browder):
H. Con. Res. 144. Concurrent resolution expressing the
sense of the Congress with regard to the amount that should
be appropriated for fiscal year 1996 for federally assisted
education programs and activities; to the Committee on
Economic and Education Opportunities.
By Mr. SMITH of New Jersey (for himself, Mr. Wolf, Mr.
Solomon, Mr. Hoyer, and Mr. Durbin):
H. Con. Res. 145. Concurrent resolution conerning the
removal of Russian Armed Forces from Moldova; to the
Committee on International Relations.
By Mr. GEPHARDT:
H. Res. 356. Resolution to protect the creditworthiness of
the United States and avoid default of the United States
Government; to the Committee on Rules.
By Mr. ARMEY:
H. Res. 357. Resolution electing Representative Mark W.
Neumann of Wisconsin to the Committee on the Budget;
considered and agreed to.
By Mr. DURBIN (for himself, Mrs. Morella, Mr. Davis,
and Mr. Luther):
H. Res. 358. Resolution amending the Rules of the House of
Representatives to postpone final House action on legislative
branch appropriations for any fiscal year until all other
regular appropriations for that fiscal year are enacted into
law; to the Committee on Rules.
By Mrs. MORELLA (for herself, Mrs. Lowey, Mr. Moran,
Mr. Schaefer, Mr. McDermott, Mr. Brown of California,
Mr. Hoke, Mr. Serrano, Mr. Gene Green of Texas, Mr.
Owens, Mr. Fox, Mr. Frank of Massachusetts, Mr.
Torres, Mr. Bryant of Texas, Mr. Visclosky, Mr.
Johnston of Florida, Mr. Manton, Mr. Underwood, Mr.
LaFalce, Mr. Cunningham, Ms. Lofgren, Mr. Wilson, Mr.
Thompson, Mr. Gejdenson, Ms. Norton, Mr. Filner, Mr.
Oberstar, Mr. Lipinski, Mr. Frost, Mr. Romero-
Barcelo, Mr. Nadler, Ms. Pelosi, Mr. Berman, Mr.
Ward, Mr. Reed, Mr. Kennedy of Massachusetts, Mr.
Bonior, and Mr. Foley):
H. Res. 359. Resolution recognizing and supporting the
efforts of the U.S. Soccer Federation to bring the 1999
Women's World Cup tournament to the United States; to the
Committee on International Relations.
By Mr. VENTO (for himself, Mr. Schumer, Mr. Kanjorski,
Mr. LaFalce, Mr. Flake, Mr. Kennedy of Massachusetts,
Ms. Velazquez, Mrs. Maloney, Mr. Gutierrez, Mr. Watt
of North Carolina, Mr. Ackerman, Mr. Barrett of
Wisconsin, Mr. Bentsen, and Mr. Frank of
Massachusetts):
H. Res. 360. Resolution affirming the support of the House
of Representatives for the preservation of the integrity of
the full faith and credit of the United States of America; to
the Committee on Ways and Means.
By Mr. ZIMMER:
H. Res. 361. Resolution amending the Rules of the House of
Representatives to prohibit foreign travel by a retiring
Member; to the Committee on Rules.
By Mr. MILLER of California:
H. Res. 362. Resolution expressing the sense of the House
of Representatives regarding the failure of Mexico to
cooperate with the United States in controlling the transport
of illegal drugs and controlled substances and the denial of
certain assistance to Mexico as a result of that failure; to
the Committee on International Relations, and in addition to
the Committee on Banking and Financial Services, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
para.11.39 private bills and resolutions
Under clause 1 of rule XXII,
Mr. DOYLE introduced a bill (H.R. 2961) for the relief of
Wayne T. Alderson; which was referred to the Committee on
National Security.
para.11.40 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Walsh.
H.R. 103: Mr. Bliley.
H.R. 109: Mr. Wise.
H.R. 134: Mr. Zeliff.
H.R. 135: Mr. Zeliff.
H.R. 136: Mr. Zeliff.
H.R. 138: Mr. Zeliff.
H.R. 141: Mr. Zeliff.
[[Page 300]]
H.R. 143: Mr. Zeliff.
H.R. 218: Mr. Tate.
H.R. 248: Mr. Leach.
H.R. 303: Mr. Walsh.
H.R. 519: Mr. Cox.
H.R. 528: Mr. Owens and Mr. Condit.
H.R. 580: Mr. Wise.
H.R. 878: Mr. Lewis of Kentucky, Mr. English of
Pennsylvania, Mr. Ward, Mr. Quillen, Mr. Torricelli, Mr.
Rose, Mr. Gutierrez, Mrs. Kelly, and Mr. Durbin.
H.R. 958: Ms. McKinney and Mr. Nadler.
H.R. 995: Mr. Sam Johnson.
H.R. 1090: Mr. Wise.
H.R. 1169: Mr. Gejdenson.
H.R. 1500: Mr. McNulty.
H.R. 1621: Mr. Barrett of Wisconsin and Mr. Smith of New
Jersey.
H.R. 1684: Mr. Oberstar, Mr. Thornton, Mr. Ensign, Mr.
Solomon, and Mr. Porter.
H.R. 1711: Mr. Hefley.
H.R. 1733: Mr. Farr.
H.R. 1805: Mr. Ward, Mr. Rose, Mr. Menendez, and Mr.
Quillen.
H.R. 1889: Mr. Johnston of Florida, Mr. Rush, and Mr.
Clement.
H.R. 1920: Mr. Hoke and Mr. LaFalce.
H.R. 1950: Mr. Frank of Massachusetts.
H.R. 1972: Mr. Oxley, Mr. Johnson of South Dakota, Mr.
Campbell, Mr. Istook, and Mrs. Fowler.
H.R. 2011: Mr. Hinchey.
H.R. 2209: Mr. Oxley and Mr. Gekas.
H.R. 2214: Ms. Woolsey.
H.R. 2270: Mr. Skeen and Mr. Crane.
H.R. 2281: Mrs. Thurman.
H.R. 2416: Mr. Hastings of Florida.
H.R. 2421: Mrs. Lowey, Mr. Meehan, Mr. Moakley, and Mr.
Olver.
H.R. 2434: Mr. Gene Green of Texas, Mr. Laughlin, Mr.
Pomeroy, Mr. Brewster, Mr. Hefley, Mr. Frost, Ms. Eddie
Bernice Johnson of Texas, Mr. Lewis of Georgia, and Mr.
Abercrombie.
H.R. 2441: Mr. Burr and Mr. Minge.
H.R. 2445: Mr. Cox.
H.R. 2463: Mr. Frazer.
H.R. 2472: Ms. Woolsey, Mr. Fazio of California, Mr. Stark,
Mr. Miller of California, Mr. Saxton, and Mr. Bryant of
Texas.
H.R. 2497: Mr. Brewster, Mr. Gunderson, Mr. Dornan, Mr.
Istook, Mr. Doolittle, Mr. Foley, Mr. Miller of Florida, Mrs.
Fowler, Mr. Goss, and Mr. Ballenger.
H.R. 2540: Mr. Allard, Mr. Bachus, and Mr. Dickey.
H.R. 2548: Mr. Martini, Mr. Frazer, and Mr. Coble.
H.R. 2579: Ms. Woolsey, Mr. LoBiondo, Ms. Pryce, Ms.
Lofgren, and Mr. Olver.
H.R. 2585: Mr. Visclosky.
H.R. 2651: Mr. Sabo.
H.R. 2655: Mr. Pete Geren of Texas.
H.R. 2658: Mr. Bryant of Texas.
H.R. 2664: Mr. Chabot and Mr. Quinn.
H.R. 2676: Mr. Wilson, Mr. Sensenbrenner, and Mr. Laughlin.
H.R. 2691: Ms. McKinney and Mr. Hilliard.
H.R. 2697: Ms. Roybal-Allard, Mr. Clement, Mr. Hinchey, Mr.
Calvert, and Mr. Kennedy of Massachusetts.
H.R. 2727: Mr. Baker of Louisiana.
H.R. 2731: Mr. Calvert.
H.R. 2740: Ms. Jackson-Lee, Mr. Stockman, and Mrs. Smith of
Washington.
H.R. 2757: Mr. Cardin, Mr. LoBiondo, Mr. Latham, Mr.
Canady, and Mr. Bono.
H.R. 2762: Mr. Minge.
H.R. 2776: Mr. Barcia of Michigan, Mr. Davis, Mr. Leach,
Mr. Peterson of Florida, Mr. Hansen, Mr. Frazer, Mr. Jones,
Mr. Bunning of Kentucky, Mr. Doyle, Mr. Manzullo, Mr. McKeon,
Ms. Harman, Mr. Towns, Mr. Moakley, Mr. Jefferson, Ms.
DeLauro, Mr. Ackerman, Mr. King, Mr. Talent, Mr. Torres, Mr.
Payne of Virginia, Mr. Lipinski, Mr. Bereuter, Mr.
Torkildsen, Mr. Saxton, Mr. Hoyer, Mr. Livingston, and Mr.
Ehrlich.
H.R. 2777: Ms. McKinney, Mr. Jacobs, Mr. Gonzalez, Mr.
Thompson, Mr. Beilenson, Mrs. Mink of Hawaii, Mr. Frost, Mr.
Torres, and Mr. Evans.
H.R. 2778: Mr. Bateman, Mr. McIntosh, Mr. McKeon, Mr.
Jefferson, Mr. Petri, Mr. Weldon of Pennsylvania, Mr.
Gallegly, Mr. Smith of Texas, Mr. Shays, Mr. Goss, and Mr.
Skelton.
H.R. 2802: Mr. Crapo, Mr. Payne of Virginia, Mr.
Montgomery, Mr. Bevill, Mr. Baldacci, Mr. Parker, Mr.
Kingston, and Mr. Lipinski.
H.R. 2807: Mr. Barcia of Michigan and Mr. Bishop.
H.R. 2811: Mr. Hyde, Mr. Conyers, Mr. Gonzalez, Mr.
LaFalce, Mr. Skelton, Mr. de la Garza, Mr. Kildee, Mrs.
Collins of Illinois, Mr. Clay, Mr. Yates, Mr. Waxman, Mr.
McDade, Mr. Walker, Mrs. Mink of Hawaii, Mrs. Schroeder, Mr.
Stark, Mr. Miller of California, Mr. Wilson, Mr. Quillen, Mr.
Ackerman, Mr. Montgomery, Mr. Dingell, Mr. Frazer, Mr.
Thompson, and Mr. McNulty.
H.R. 2827: Mr. Fawell, Ms. Pryce, Mr. Minge, Mr. Farr, and
Mr. Quinn.
H.R. 2841: Mr. Calvert.
H.R. 2854: Mr. Ehlers and Mr. Gunderson.
H.R. 2856: Mr. Olver.
H.R. 2862: Mr. Dingell, Ms. Kaptur, Mr. Serrano, Mrs.
Lowey, Ms. Woolsey, Mrs. Clayton, and Mr. Torres.
H.R. 2867: Mr. Calvert, Mr. Taylor of North Carolina, Mr.
Radanovich, and Mr. Emerson.
H.R. 2875: Ms. Molinari, Mr. Frisa, Mr. Towns, Mr.
Ackerman, Ms. Jackson-Lee, Mr. Kennedy of Massachusetts, Mr.
Faleomavaega, Mr. Gejdenson, and Mr. Lazio of New York.
H.R. 2894: Mr. Calvert, Mr. Hoekstra, Mr. Stump, Mrs.
Cubin, Mr. Doolittle, Mr. Pombo, Mr. Tate, Mr. Baker of
California, Mr. Christensen, Mr. Dreier, Mr. Stockman, Mr.
Shadegg, Mr. Forbes, Mr. Chambliss, Mr. Jones, Mr. Sam
Johnson, Mr. Funderburk, Mr. Ballenger, Mr. Neumann, and Mr.
Chabot.
H.R. 2900: Mr. Wicker, Ms. Dunn of Washington, Mr. Paxon,
Mrs. Lincoln, Mr. Brewster, Mr. Knollenberg, and Mr. Baker of
Louisiana.
H.R. 2921: Mr. Bilirakis.
H.J. Res. 121: Mr. Inglis of South Carolina, Mr. Heineman,
Mr. Crane, Mr. McCollum, Mr. Coble, Mr. Hansen, Mr. McIntosh,
Mr. Calvert, Mr. Cooley, Mr. Moorhead, Mr. Quillen, Mr.
Lipinski, Mr. Herger.
H. Con. Res. 23: Mr. Bonior, Mr. Roth, Mr. Kennedy of
Massachusetts, Mr. Davis, and Mr. Livingston.
H. Con. Res. 47: Mr. Wolf, Mr. McDade, and Mr. Calvert.
H. Con. Res. 63: Mr. Klug.
H. Con. Res. 103: Mr. Levin, Mr. Berman, Mr. Bilirakis, and
Mr. Porter.
H. Con. Res. 134: Mr. Stump, Mr. Ehrlich, Mr. LaTourette,
and Mr. Largent.
H. Con. Res. 135: Ms. McKinney, Ms. Roybal-Allard, and Mr.
Dellums.
H. Con. Res. 138: Mr. Burton of Indiana, Mr. Stockman, Mrs.
Meek of Florida, and Mr. Cunningham.
H. Res. 30: Mr. Pete Geren of Texas, Mr. Ballenger, Mr.
Torkildsen, Mr. Watts of Oklahoma, Mr. Coyne, and Mr.
Gutknecht.
H. Res. 346: Mr. Greenwood.
para.11.41 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1963: Mrs. Kelly and Mr. Davis.
H.R. 2281: Mr. Shays.
H.R. 2745: Mr. Klink.
.
TUESDAY, FEBRUARY 6, 1996 (12)
para.12.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mrs.
MORELLA, who laid before the House the following communication:
Washington, DC,
February 1, 1996.
I hereby designate the Honorable Constance A. Morella to
act as Speaker pro tempore on Tuesday, February 6, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
para.12.2 approval of the journal
The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and
approved the Journal of the proceedings of Thursday, February 1, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.12.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2012. A letter from the Secretary of the Navy, transmitting
notification that the Department of Navy intends to donate to
the Naval Aviation Museum Foundation two civilian aircraft
currently in the possession of the National Museum of Naval
Aviation, U.S. Naval Air Station, Pensacola, FL, pursuant to
10 U.S.C. 7545(c); to the Committee on National Security.
2013. A letter from the Assistant Secretary for Legislative
Affairs and Public Affairs, Department of the Treasury,
transmitting a copy of the ninth monthly report pursuant to
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
2014. A letter from the Secretary of Energy, transmitting
the quarterly report for the strategic petroleum reserve
covering the third quarter of the calendar year 1995,
pursuant to 42 U.S.C. 6245(b); to the Committee on Commerce.
2015. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Analysis of the
Revised Fiscal Year 1996 General Fund Revenue Estimates in
Support of the Mayor's Budget for Fiscal Year 1996,''
pursuant to D.C. Code, section 47-117(d); to the Committee on
Government Reform and Oversight.
2016. A letter from the Comptroller General of the United
States, transmitting the list of all reports issued or
released in December 1995, pursuant to 31 U.S.C. 719(h); to
the Committee on Government Reform and Oversight.
2017. A letter from the Comptroller General of the United
States, transmitting a copy of his report for fiscal year
1995 on each instance a Federal agency did not fully
implement recommendations made by the GAO in connection with
a bid protest decided during the fiscal year, pursuant to 31
U.S.C. 3554(e)(2); to the Committee on Government Reform and
Oversight.
2018. A letter from the Federal Co-Chairman, Appalachian
Regional Commission, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2019. A letter from the Deputy Secretary of Defense,
transmitting the annual report under the Federal Managers'
Financial In
[[Page 301]]
tegrity Act for fiscal year 1995, pursuant to 31 U.S.C.
3512(c)(3); to the Committee on Government Reform and
Oversight.
2020. A letter from the Chairman, Equal Employment
Opportunity Commission, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2021. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2022. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2023. A letter from the Director, National Legislative
Commission, the American Legion, transmitting the proceedings
of the 77th national convention of the American Legion, held
in Indianapolis, IN, September 4, 5, and 6, 1995 as well as a
report on the organization's activities for the year
preceding the convention, pursuant to 35 U.S.C. 49 (H. Doc.
No. 104-170); to the Committee on Veteran's Affairs and
ordered to be printed.
2024. A letter from the General Sales Manager, Foreign
Agriculture Service, transmitting notification that the
minimum quantity of agricultural commodities prescribed to be
distributed under title III of Public Law 83-480 during
fiscal year 1995 has been amended, pursuant to 7 U.S. C.
1721(b); jointly, to the Committees on Agriculture and
International Relations.
para.12.4 speaker pro tempore election
Mr. DAVIS submitted the following privileged resolution (H. Res. 363):
Resolved, That the Honorable Constance A. Morella, a
Representative from the State of Maryland, be, and she is
hereby, elected Speaker pro tempore during any absence of the
Speaker, such authority to continue not later than Tuesday,
February 27, 1996.
Sec. 2. The Clerk of the House shall notify the President
and the Senate of the election of the Honorable Constance A.
Morella as Speaker pro tempore during the absence of the
Speaker.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Accordingly,
The oath of office was then administered to Mrs. Morella by Mr. Davis,
a Representative from Virginia.
Ordered, That the Clerk notify the Senate thereof.
para.12.5 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
February 6, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Friday, February 2, 1996,
at 11:30 a.m.: that the Senate passed without amendment H.R.
2924.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.12.6 enrolled bills signed
The SPEAKER pro tempore, Mrs. MORELLA, announced that pursuant to
clause 4, rule I, the Speaker pro tempore signed the following enrolled
bills on Friday, February 2, 1996:
H.R. 2657. An Act to award a congressional gold medal to
Ruth and Billy Graham;
H.R. 2924. An Act to guarantee the timely payment of social
security benefits in March 1996; and
S. 652. An Act to promote competition and reduce regulation
in order to secure lower prices and highter quality services
for american telecommunications consumers and encourage the
rapid deployment of new telecommunications technologies.
para.12.7 general leave to extend remarks in the record
On motion of Mr. DAVIS, by unanimous consent,
Ordered, That all Members be permitted to extend their remarks and to
include extraneous material in that section of the record entitled
``Extension of Remarks'' through Monday, February 26, 1996.
para.12.8 adjournment over
On motion of Mr. DAVIS, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 11
a.m. on Friday, February 9, 1996; and further, that when the House
adjourns on Friday, February 9, 1996, it adjourn to meet at 11 a.m. on
Tuesday, February 13, 1996; and further, that when the House adjourns on
Tuesday, February 13, 1996, it adjourn to meet at 11 a.m. on Friday,
February 16, 1996, and further, that when the House adjourns on Friday,
February 16, 1996; it adjourn to meet at 11 a.m. on Tuesday, February
20, 1996; and further, that when the House adjourns on Tuesday, February
20, 1996, it adjourn to meet at 11 a.m. on Friday, February 23, 1996;
and further, that when the House adjourns on Friday, February 23, 1996,
it adjourn to meet at 12:30 p.m. on Monday, February 26, 1996, for
``morning hour'' debate.
para.12.9 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, February 5, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelop received from the White House on Monday, February 5
at 10:00 a.m. and said to contain a message from the
President whereby he submits the Budget of the United States
Government for fiscal year 1997.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.12.10 budget of the u.s. government, fy 1997
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
In accordance with 31 U.S.C. Sec. 1105(a), I am transmitting my 1997
Budget to Congress.
This budget provides a thematic overview of my priorities as we
continue to discuss how to balance the budget over the next seven years.
It also includes the Administration's new economic assumptions.
Because of the uncertainty over 1996 appropriations as well as
possible changes in mandatory programs and tax policy, the Office of
Management and Budget was not able to provide, by today, all of the
material normally contained in the President's budget submission. I
anticipate transmitting that material to Congress the week of March 18,
1996.
William J. Clinton.
The White House, February 5, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-162).
para.12.11 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, February 6, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, February 6
at 12:05 p.m. and said to contain a message from the
President whereby he reports that it is in the national
interest of the United States to waive restrictions on the
export of U.S.-origin satellites to the People's Republic of
China, specifically restrictions on the MABUHAY project.
With warm regards,
Robin H. Carle, Clerk,
House of Representatives.
para.12.12 us-china origin satellites mabuhay project
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Pursuant to the authority vested in me by section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246), and as President of the United States, I hereby report to
the Congress that it is in the national interest of the United States to
waive the restrictions
[[Page 302]]
contained in that Act on the export to the People's Republic of China of
U.S.-origin satellites insofar as such restrictions pertain to the
MABUHAY project.
William J. Clinton.
The White House, February 6, 1996.
By unanimous consent, the message was referred to the Committee on
International Relations.
para.12.13 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, February 6, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, February 6
at 12:05 p.m. and said to contain a message from the
President whereby he reports that it is in the national
interest of the United States to waive restrictions on the
export of U.S.-origin satellites to the People's Republic of
China, specifically restrictions on the COSAT project.
With warm regards,
Robin H. Carle, Clerk,
House of Representatives.
para.12.14 us-china origin satellites cosat project
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Pursuant to the authority vested in me by section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246), and as President of the United States, I hereby report to
the Congress that it is in the national interest of the United States to
waive the restrictions contained in that Act on the export to the
People's Republic of China of U.S.-origin satellites insofar as such
restrictions pertain to the COSAT project.
William J. Clinton.
The White House, February 6, 1996.
By unanimous consent, the message was referred to the Committee on
International Relations.
para.12.15 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, February 6, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, February 6
at 12:05 p.m. and said to contain a message from the
President whereby he reports that it is in the national
interest of the United States to waive restrictions on the
export of U.S.-origin satellites to the People's Republic of
China, specifically restrictions on the CHINASAT project.
With warm regards,
Robin H. Carle, Clerk,
House of Representatives.
para.12.16 us-china origin satellites chinasat project
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Pursuant to the authority vested in me by section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246), and as President of the United States, I hereby report to
the Congress that it is in the national interest of the United States to
waive the restrictions contained in that Act on the export to the
People's Republic of China of U.S.-origin satellites insofar as such
restrictions pertain to the CHINASAT project.
William J. Clinton.
The White House, February 6, 1996.
By unanimous consent, the message was referred to the Committee on
International Relations.
para.12.17 subpoena
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, February 2, 1996.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol
Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Matt Felber, District Scheduler in my Fairview Park.
Ohio office has been served with a subpoena issued by the
Cuyahoga County, Ohio Court of Common Pleas in the case of
Nix v. Hill.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Kindest personal regards.
Very truly yours,
Martin R. Hoke,
Member of Congress.
para.12.18 resignation as member of house of representatives
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, February 4, 1996.
Hon. John Kitzhaber,
Governor of Oregon,
Salem, OR.
Dear Governor Kitzhaber: On January 30, 1996, the citizens
of Oregon elected me to the U.S. Senate to fill the unexpired
term of former Senator Bob Packwood. I am deeply honored to
have the opportunity to serve our state in the U.S. Senate,
and plan to begin performing those duties on February 5,
1996.
It is my understanding that Oregon's Secretary of State has
certified the election and has already transmitted the
original documentation of my election to the Secretary of the
U.S. Senate.
Based on this understanding, I will resign my House seat
representing Oregon's Third Congressional District effective
at 8:00 a.m. (E.S.T.), February 5, 1996.
It is with great anticipation that I look forward to
working with you in the days to come on a range of issues
affecting our state.
Sincerely,
Ron Wyden.
para.12.19 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following day present to the President, for his
approval, bills of the House of the following titles:
H.R. 2657. An Act to award a congressional gold medal to
Ruth and Billy Graham.
H.R. 2924. An Act to guarantee the timely payment of social
security benefits in March 1996.
And then,
para.12.20 adjournment
On motion of Mr. DAVIS, pursuant to the special order heretofore
agreed to, at 8 o'clock and 14 minutes p.m., the House adjourned until
11 o'clock a.m. on Friday, February 9, 1996.
para.12.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. McHALE (for himself, Mr. Oberstar, Mr. Yates,
Mr. Meehan, Mr. Hansen, Mr. Durbin, Mr. Reed, Mr.
Hinchey, and Ms. Rivers):
H.R. 2962. A bill to amend the Internal Revenue Code of
1986 to disallow deductions for advertising expenses for
tobacco products; to the Committee on Ways and Means.
By Mrs. MEEK of Florida (for herself, Mr. Davis, Mr.
Hoyer, Mr. Moran, Ms. Norton, and Mr. Wynn):
H.R. 2963. A bill to amend subchapter III of chapter 13 of
title 31, United States Code, popularly known as the Anti-
Deficiency Act, to allow the United States to enter into
contracts or obligations during a lapse in appropriations if
the President determines that a sufficient appropriation is
likely to be made for that purpose before the end of the
fiscal year, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mr. DAVIS:
H. Res. 363. Resolution electing Representative Constance
A. Morella of Maryland to act as Speaker pro tempore;
considered and agreed to.
para.12.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 44: Mr. Wise.
H.R. 497: Mr. Talent, Mr. Coyne, and Mr. Coburn.
H.R. 1462: Mr. Ehlers, Mr. Baker of California, Ms.
Slaughter, and Ms. DeLauro.
H.R. 1547: Mr. Towns.
H.R. 1884: Mr. Martinez and Mr. Lewis of Georgia.
H.R. 2276: Mr. Scarborough.
H.R. 2480: Mr. Canady.
H.R. 2740: Mr. Metcalf.
H.R. 2259: Mr. Foglietta, Mrs. Johnson of Connecticut, Mr.
Engel, Mrs. Meek of Flor
[[Page 303]]
ida, Mr. Beilenson, Mr. Cardin, Mr. Filner, Mr. Hilliard, Mr.
Torricelli, Mr. Gonzalez, Ms. Jackson-Lee, Mr. Lantos, and
Ms. Lofgren.
H. Con. Res. 134: Mr. Pombo, Mr. Ballenger, and Mr. English
of Pennsylvania.
H. Res. 220: Ms. Rivers and Ms. Jackson-Lee.
.
FRIDAY, FEBRUARY 9, 1996 (13)
The House was called to order by the SPEAKER pro tempore, Mrs.
MORELLA.
para.13.1 approval of the journal
The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and
approved the Journal of the proceedings of Tuesday, February 6, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.13.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2025. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $16,661,000 in budgetary authority
for the emergency pest suppression fund of the Forest Service
in the Department of Agriculture and to designate the amount
made available as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, pursuant to 31
U.S.C. 1107 (H. Doc. No. 104-171); to the Committee on
Appropriations and ordered to be printed.
2026. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Headquarters, Air Force Center for
Environmental Excellence, at Brooks Air Force Base, TX,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
2027. A letter from the Secretary of the Army, transmitting
his determination that it is in the public interest of the
United States to award a particular contract without
competition, pursuant to 10 U.S.C. 2304(c)(7); to the
Committee on National Security.
2028. A letter from the Director of Defense Research and
Engineering, Department of Defense, transmitting a report of
Congress on the activities of the DOD Office of Technology
Transition for the fiscal year 1995, pursuant to 10 U.S.C.
2515; to the Committee on National Security.
2029. A letter from the Assistant Secretary of Education,
transmitting final priorities--Early Education Program for
Children with Disabilities, Educational Media Research,
Production, Distribution, and Training Program, Postsecondary
Education Program for Individuals with Disabilities, Program
for Children with Severe Disabilities, Secondary Education
and Transitional Services for Youth with Disabilities
Program, and the Program for Children and Youth with Serious
Emotional Disturbance, pursuant to 20 U.S.C. 1232(d)(1); to
the Committee on Economic and Educational Opportunities.
2030. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals for the District of Columbia Circuit
(No. 94-5270--Career College versus Riley) January 26, 1996;
to the Committee on Economic and Educational Opportunites.
2031. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting a report on the nondisclosure of
safeguards information for the quarter ending December 31,
1995, pursuant to 42 U.S.C. 2167(e); to the Committee on
Commerce.
2032. A letter from the Vice Chairman, CFO, Potomac
Electric Power Company, transmitting a copy of the balance
sheet of Potomac Electric Power Co. as of December 31, 1995,
pursuant to D.C. Code, section 43-513; to the Committee on
Government Reform and Oversight.
2033. A letter from the Director, Office of Communications
and Legislative Affairs, Equal Employment Opportunity
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2034. A letter from the Chairman, Federal Housing Finance
Board, transmitting a report of activities under the Freedom
of Information Act for calendar year 1995, pursuant to 5
U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2035. A letter from the Chair, Federal Labor Relations
Authority, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2036. A letter from the Chairman, Federal Maritime
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2037. A letter from the Director, National Gallery of Art,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
2038. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals for the District of Columbia Circuit
(No. 95-5086--Roger Pilon versus U.S. Department of Justice)
January 16, 1996; to the Committee on Government Reform and
Oversight.
2039. A letter from the Director, Minerals Management
Service, transmitting the proposed 5-year outer continental
shelf [OCS] leasing program for 1997-2002; to the Committee
on Resources.
2040. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals for the District of Columbia Circuit
(United Association of Journeymen & Apprentices of the
Plumbing & Pipefitting Industry, AFL-CIO, et al. versus Reno)
January 16, 1996; jointly, to the Committees on Resources and
the Judiciary.
2041. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-185,
``Closing of a Public Alley and a Portion of another Public
Alley in Square 4546, S.O. 93-308, Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2042. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-189, ``Mary's
Center for Maternal and Child Care, Inc., Equitable Real
Property Tax Relief Act of 1996,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
2043. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-190,
``Prevention of Transmission of the Human Immunodeficiency
Virus Amendment Act of 1996,'' pursuant to D.C. Code, section
1-233(c)(1); to the Committee on Government Reform and
Oversight.
2044. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-191,
``Greater Refuge Church of Our Lord Jesus Christ, Inc.,
Equitable Real Property Tax Relief Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2045. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-192,
``Petworth Methodist Church Equitable Real Property Tax
Relief Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2046. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-193, ``Saint
African Methodist Episcopal Church Equitable Real Property
Tax Relief Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2047. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-194, ``Mt.
Gilead Baptist Church Equitable Real Property Tax Relief Act
of 1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2048. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-195, ``Shrine
of the Sacred Heart Equitable Real Property Tax Relief Act of
1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2049. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-196, ``RAP,
Incorporated Equitable Real Property Tax Relief Act of
1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2050. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-198,
``Criminal Code Technical Amendments Act of 1996,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2051. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-200,
``Property Lien Temporary Amendment Act of 1996,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
para.13.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 1718. An Act to designate the United States courthouse
located at 197 South Main Street in Wilkes-Barre,
Pennsylvania, as the ``Max Rosenn United States Courthouse.''
A message also announced that the Senate had passed with amendments in
which the concurrence of the House is requested, a bill of the House of
the following title:
H.R. 2196. An Act to amend the Stevenson-Wydler Technology
Innovation Act of 1980 with respect to inventions made under
cooperative research and development agreements, and for
other purposes.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 1510. An Act to designate the United States Courthouse
in Washington, District of
[[Page 304]]
Columbia, as the ``E. Barrett Prettyman United States
Courthouse'', and for other purposes; and
S. 1518. An Act to eliminate the Board of Tea Experts by
prohibiting funding for the Board and by repealing the Tea
Importation Act of 1897.
para.13.4 order of business--washington's birthday observance
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That it shall be in order for the Speaker to appoint two
Members of the House, one upon the recommendation of the Minority
Leader, to represent the House of Representatives at appropriate
ceremonies for the observance of George Washington's birthday to be held
on Thursday, February 22, 1996.
para.13.5 washington's birthday observance
The SPEAKER pro tempore, Mrs. MORELLA, pursuant to the foregoing
order, appointed Mr. Davis and Mr. Moran to represent the House of
Representatives at appropriate ceremonies for the observance of George
Washington's birthday to be held on Thursday, February 22, 1996.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.13.6 civil service commission
The SPEAKER pro tempore, Mrs. MORELLA, pursuant to the provisions of
section 2(b) of Public Law 98-183 and the order of the House of
Thursday, February 1, 1996, authorizing the Speaker and the Minority
Leader to appoint commissions, boards and committees authorized by law
or by the House, reappointed Mr. Carl A. Anderson of Arlington,
Virginia, to the Commission on Civil Rights for a six-year term
beginning on February 12, 1996; the current term expiring on February
11, 1996.
para.13.7 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1510. An Act to designate the United States Courthouse
in Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse'', and for other purposes;
to the Committee on Transportation and Infrastructure.
And then,
para.13.8 adjournment
On motion of Mr. MONTGOMERY, pursuant to the special order agreed to
on February 6, 1996, at 11 o'clock and 5 minutes a.m., the House
adjourned until 11 o'clock a.m. on Tuesday, February 13, 1996.
para.13.9 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ROBERTS: Committee on Agriculture. H.R. 2854. A bill to
modify the operation of certain agricultural programs; with
an amendment (Rept. No. 104-462, Pt. 1). Referred to the
Committee of the Whole House on the State of the Union.
para.13.10 discharge of committee
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2854. The Committee on Ways and Means discharged from
further consideration. Referred to the Committee of the Whole
House on the State of the Union.
para.13.11 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 497. Referral to the Committee on Resources extended
for a period ending not later than February 28, 1996.
H.R. 2854. Referral to the Committee on Ways and Means
extended for a period ending not later than February 9, 1996.
para.13.12 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII,
Mr. KENNEDY of Massachusetts introduced a bill (H.R. 2964)
to amend the Communications Act of 1934 to require the
Federal Communications Commission to establish a toll free
telephone number for the collection of complaints concerning
violence and other patently offensive material on broadcast
and cable television, and for other purposes; which was
referred to the Committee on Commerce.
para.13.13 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 497: Mr. Tauzin.
H.R. 784: Ms. Molinari and Mr. Smith of Michigan.
H.R. 1758: Mr. Frost, Ms. Woolsey, Ms. Slaughter, Mr.
Foglietta, and Mr. Nadler.
H.R. 1948: Ms. DeLauro.
H.R. 2270: Mr. Young of Alaska, Mr. Jacobs, Mr. Foley, and
Mr. Nethercutt.
H.R. 2683: Mr. Coyne, Mr. Towns, Mr. Lipinski, Mr. Dickey,
Mr. Quinn, Mr. Moran, and Mr. Gene Green of Texas.
H.R. 2723: Mr. Thornberry.
H.R. 2779: Mr. Bartlett of Maryland, Mr. Hunter, Mr.
Torkildsen, and Mr. Walsh.
H.R. 2914: Mr. Meehan and Mr. Fattah.
H.R. 2959: Mr. Johnston of Florida, Mr. Durbin, Mr.
Sanders, Ms. Eddie Bernice Johnson, Mr. Horn, Mr. Klug, Mr.
Skaggs, Ms. Norton, Mr. Moran, Mr. Jefferson, Mr. Baldacci,
Mr. Brown of Ohio, Mr. Lewis of Georgia, Mr. Hastings of
Florida, Mr. Fazio of California, Mr. Serrano, Mr. Dixon,
Mrs. Clayton, and Mr. Jackson.
H. Con. Res. 51: Mr. Stark and Mr. Sensenbrenner.
H. Res. 359: Mr. Doyle, Mrs. Johnson of Connecticut, and
Mr. Evans.
para.13.14 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
53. By the SPEAKER: Petition of Marlene Y. Green,
Pittsburgh, PA, relative to the C.Y.S. bill; to the Committee
on Economic and Educational Opportunities.
54. Also, petition of Marlene Y. Green, Pittsburgh, PA,
relative to national health care; to the Committee on
Commerce.
55. Also, petition of Marlene Y. Green, Pittsburgh, PA,
relative to the right to access bill; to the Committee on the
Judiciary.
56. Also, petition of Marlene Y. Green, Pittsburgh, PA,
relative to the true roman bill; to the Committee on the
Judiciary.
.
TUESDAY, FEBRUARY 13, 1996 (14)
The House was called to order by the SPEAKER pro tempore, Mrs.
MORELLA.
para.14.1 approval of the journal
The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and
approved the Journal of the proceedings of Friday, February 9, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.14.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2052. A letter from the General Counsel and Corporate
Secretary, Legal Services Corporation, transmitting a copy of
the annual report in compliance with the Government in the
Sunshine Act during the calendar year 1995, pursuant to 5
U.S.C. 552b(j); to the Committee on Government Reform and
Oversight.
2053. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
2054. A letter from the Secretary of Transportation,
transmitting the Department's second biennial report entitled
``Effectiveness of Occupant Protection Systems and Their
Use,'' pursuant to Public Law 102-240, section 2508(e) (105
Stat. 2086); jointly, to the Committees on Commerce and
Transportation and Infrastructure.
2055. A letter from the Chairman, Railroad Retirement
Board, transmitting a copy of the U.S. Railroad Retirement
Board's annual report to the President and the Congress,
pursuant to 45 U.S.C. 231f(b)(6); jointly, to the Committees
on Commerce and Ways and Means.
2056. A letter from the Chairperson, U.S. Commission on
Civil Rights, transmitting the Commission's report entitled
``Funding Federal Civil Rights Enforcement,'' pursuant to 42
U.S.C. 1975; jointly, to the Committees on the Judiciary and
Economic and Educational Opportunities.
para.14.3 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, February 13, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, February 9
at 11:45 a.m. and said to contain a message from the
President whereby he transmits an Agreement between the
United States and the Republic of Poland concerning fisheries
off the coasts of the U.S.A.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
[[Page 305]]
para.14.4 u.s.-poland fisheries agreement
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
In accordance with the Magnuson Fishery Conservation and Management
Act of 1976 (16 U.S.C. 1801 et seq.), I transmit herewith an Agreement
between the Government of the United States of America and the
Government of the Republic of Poland Extending the Agreement of August
1, 1985, as amended, Concerning Fisheries Off the Coasts of the United
States (``the 1985 Agreement''). The Agreement, which was effected by an
exchange of notes at Warsaw on December 15 and 20, 1995, extends the
1985 Agreement to December 31, 1997.
In light of the importance of our fisheries relationship with the
Republic of Poland, I urge that the Congress give favorable
consideration to this Agreement at an early date.
William J. Clinton.
The White House, February 9, 1996.
The message, together with the accompanying papers, was referred to
the Committee on Resources and ordered to be printed (H. Doc. 104-172).
para.14.5. communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, February 13, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, February 9
at 11:45 a.m. and said to contain a message from the
President whereby he transmits a 6-month periodic report on
the national emergency concerning terrorists who threaten the
Middle East peace process.
With warmest regards,
Robin H. Carle,
Clerk, House of Representatives.
para.14.6 terrorists-middle east
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments concerning the
national emergency with respect to organizations that threaten to
disrupt the Middle East peace process that was declared in Executive
Order No. 12947 of January 23, 1995. This report is submitted pursuant
to section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c),
and section 204(c) of the International Emergency Economic Powers Act
(IEEPA), 50 U.S.C. 1703(c).
1. On January 23, 1995, I signed Executive Order 12947, ``Prohibiting
Transactions with Terrorists Who Threaten to Disrupt the Middle East
Peace Process'' (the ``order'') (60 Fed. Reg. 5079, January 25, 1995).
The order blocks all property subject to U.S. jurisdiction in which
there is any interest of 12 terrorist organizations that threaten the
Middle East peace process as identified in an Annex to the order. The
order also blocks the property and interests in property subject to U.S.
jurisdiction of persons designated by the Secretary of State, in
coordination with the Secretary of the Treasury and the Attorney
General, who are found (1) to have committed, or to pose a significant
risk of committing, acts of violence that have the purpose or effect of
disrupting the Middle East peace process, or (2) to assist in, sponsor
or provide financial, material, or technological support for, or
services in support of, such acts of violence. In addition, the order
blocks all property and interests in property subject to U.S.
jurisdiction in which there is any interest of persons determined by the
Secretary of the Treasury, in coordination with the Secretary of State
and the Attorney General, to be owned or controlled by, or to act for or
on behalf of, any other person designated pursuant to the order
(collectively ``Specially Designated Terrorists'' or ``SDTs'').
The order further prohibits any transaction or dealing by a United
States person or within the United States in property or interests in
property of SDTs, including the making or receiving of any contribution
of funds, goods, or services to or for the benefit of such persons. This
prohibition includes donations that are intended to relieve human
suffering.
Designations of persons blocked pursuant to the order are effective
upon the date of determination by the Secretary of State or his
delegate, or the Director of the Office of Foreign Assets Control (FAC)
acting under authority delegated by the Secretary of the Treasury.
Public notice of blocking is effective upon the date of filing with the
Federal Register, or upon prior actual notice.
2. On January 25, 1995, the Department of the Treasury issued a
notice listing persons blocked pursuant to Executive Order No. 12947
who have been designated by the President as terrorist organizations
threatening the Middle East peace process or who have been found to be
owned or controlled by, or to be acting for or on behalf of, these
terrorist organizations (60 Fed. Reg. 5084, January 25, 1995). The
notice identified 31 entities that act for or on behalf of the 12
Middle East terrorist organizations listed in the Annex to Executive
Order No. 12947, as well as 18 individuals who are leaders or
representatives of these groups. In addition the notice provides 9 name
variations or pseudonyms used by the 18 individuals identified. The
list identifies blocked persons who have been found to have committed,
or to pose a risk of committing, acts of violence that have the purpose
of disrupting the Middle East peace process or to have assisted in,
sponsored, or provided financial, material or technological support
for, or service in support of, such acts of violence, or are owned or
controlled by, or to act for or on behalf of other blocked persons. The
Department of the Treasury issued three additional notices adding the
names of three individuals, as well as their pseudonyms, to the List of
STDs (60 Fed. Reg. 41152-53, August 11, 1995; 60 Fed. Reg. 44932-33,
August 29, 1995; and 60 Fed. Reg. 58435-36, November 27, 1995). Copies
of the notices are attached to this report. The FAC, in coordination
with the Secretary of State and the Attorney General, is continuing to
expand the list of Specially Designated Terrorists, including both
organizations and individuals, as additional information is developed.
3. The expenses incurred by the Federal Government in the 6-month
period from July 23, 1995, through January 22, 1996, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the national emergency with respect to organizations
that disrupt the Middle East peace process are estimated at
approximately $2.6 million. (The expenses for the previous period,
incorrectly stated in the report of July 27, 1995, to be approximately
$55,000, were about $2.5 million.) Personnel costs were largely
centered in the Department of the Treasury (particularly in the Office
of Foreign Assets Control, the Office of the General Counsel, and the
U.S. Customs Service), the Department of State, and the Department of
Justice.
4. Executive Order No. 12947 provides this Administration with a new
tool for combating fundraising in this country on behalf of
organizations that use terror to undermine the Middle East peace
process. The order makes it harder for such groups to finance these
criminal activities by cutting off their access to sources of support
in the United States and to U.S. financial facilities. It is also
intended to reach charitable contributions to designated organizations
and individuals to preclude diversion of such donations to terrorist
activities.
In addition, the Congress has pending before it comprehensive
counterterrorism legislation proposed by the Administration that would
strengthen our ability to prevent terrorist acts, identify those who
carry them out, and bring them to justice. The combination of Executive
Order No. 12947 and the proposed legislation demonstrate the U.S.
determination to confront and combat those who would seek to destroy
the Middle East peace process, and our commitment to the global fight
against terrorism.
I shall continue to exercise the powers at my disposal to apply
economic sanctions against extremists seeking to destroy the hopes of
peaceful coexistence between Arabs and Israelis as long as these
measures are appropriate, and will continue to report periodically to
the Congress on significant developments pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, February 9, 1996.
[[Page 306]]
The message, together with the accompanying papers, was referred to
the Committee on International Relations and ordered to be printed (H.
Doc. 104-173).
para.14.7 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, February 13, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, February 9
at 11:45 a.m. and said to contain a message from the
President whereby he notifies the Congress that Japan has
conducted whaling activities that diminish the effectiveness
of the International Whaling Commission with respect to minke
whales.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.14.8 international whaling commission-japan
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
On December 11, 1995, Secretary of Commerce Ronald Brown certified
under section 8 of the Fishermen's Protective Act of 1967, as amended
(the ``Pelly Amendment'') (22 U.S.C. 1978), that Japan has conducted
research whaling activities that diminish the effectiveness of the
International Whaling Commission (IWC) conservation program. This
message constitutes my report to the Congress pursuant to subsection (b)
of the Pelly Amendment.
The certification of the Secretary of Commerce was based on Japanese
research whaling activities in both the North Pacific and the Southern
Ocean Whale Sanctuary. In 1994, Japan expanded its research whaling
activities into the North Pacific by permitting the taking of 100 minke
whales, 21 of which were taken. The IWC found that this North Pacific
whaling failed to satisfy applicable criteria for lethal research and
was therefore inconsistent with the IWC's conservation program.
Nevertheless, Japan continued its whaling activities in the North
Pacific, taking 100 minke whales in 1995. In addition, during 1995,
Japan increased the number of minke whales to be harvested in the
Southern Ocean Whale Sanctuary by 33 percent, despite a 1994 finding by
the IWC that this lethal research program did not meet all applicable
criteria.
In his letter to me of December 11, 1995, Secretary Brown conveyed his
concerns not only over the whales that have been killed in this program
to date but also over any further expansion of lethal research. While
noting that the Japanese have informed us they have no plans for a
further expansion of lethal research in the Southern Ocean Whale
Sanctuary, he expressed particular concern over whaling activity in that
area. I share these concerns.
At this stage, I do not believe that the use of trade sanctions is the
most constructive approach to resolving our differences over research
whaling activities with the Government of Japan. However, I have
instructed the Department of State to convey my very strong concerns to
the Government of Japan. We will also vigorously pursue high-level
efforts to persuade Japan to reduce the number of whales killed in its
research program and act consistently with the IWC conservation
program. We hope to achieve significant progress on these issues by the
beginning of the next Antarctic whaling season and will keep these
issues under review. I have instructed the Department of Commerce to
continue to monitor closely Japan's research whaling and to report
promptly on any further inconsistencies between Japanese whaling
activities and the guidelines of the IWC conservation program.
William J. Clinton.
The White House, February 9, 1996.
The message, was referred to the Committee on International Relations
and the Committee on Resources and ordered to be printed (H. Doc. 104-
174).
para.14.9 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, February 13, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, February 9
at 11:45 a.m. and said to contain a message from the
President whereby he transmits a 6-month periodic report on
the national emergency with Iraq.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.14.10 national emergency with respect to Iraq
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of August 1, 1995, concerning the national emergency with respect
to Iraq that was declared in Executive Order No. 12722 of August 2,
1990. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(c).
Executive Order No. 12722 ordered the immediate blocking of all
property and interests in property of the Government of Iraq (including
the Central Bank of Iraq) then or thereafter located in the United
States or within the possession or control of a U.S. person. That order
also prohibited the importation into the United States of goods and
services of Iraqi origin, as well as the exportation of goods, services,
and technology from the United States to Iraq. The order prohibited
travel-related transactions to or from Iraq and the performance of any
contract in support of any industrial, commercial, or governmental
project in Iraq. U.S. persons were also prohibited from granting or
extending credit or loans to the Government of Iraq.
The foregoing prohibitions (as well as the blocking of Government of
Iraq property) were continued and augmented on August 9, 1990, by
Executive Order No. 12724, which was issued in order to align the
sanctions imposed by the United States with United Nations Security
Council Resolution 661 of August 6, 1990.
Executive Order No. 12817 was issued on October 21, 1992, to implement
in the United States measures adopted in United Nations Security Council
Resolution 778 of October 2, 1992. Resolution 778 requires U.N. Member
States to transfer to a U.N. escrow account any funds (up to $200
million apiece) representing Iraqi oil sale proceeds paid by purchasers
after the imposition of U.N. sanctions on Iraq, to finance Iraq's
obligations for U.N. activities with respect to Iraq, such as expenses
to verify Iraqi weapons destruction, and to provide humanitarian
assistance in Iraq on a nonpartisan basis. A portion of the escrowed
funds also funds the activities of the U.N. Compensation Commission in
Geneva, which handles claims from victims of the Iraqi invasion and
occupation of Kuwait. Member States also may make voluntary
contributions to the account. The funds placed in the escrow account are
to be returned, with interest, to the Member States that transferred
them to the United Nations, as funds are received from future sales of
Iraqi oil authorized by the U.N. Security Council. No Member State is
required to fund more than half of the total transfers or contributions
to the escrow account.
This report discusses only matters concerning the national emergency
with respect to Iraq that was declared in Executive Order No. 12722 and
matters relating to Executive Orders No. 12724 and 12817 (the
``Executive orders''). The report covers events from August 2, 1995,
through February 1, 1996.
1. During the reporting period, there were no amendments to the Iraqi
Sanctions Regulations.
2. The Department of the Treasury's Office of Foreign Assets Control
(FAC) continues its involvement in lawsuits seeking to prevent the
unauthorized transfer of blocked Iraqi assets. In Consarc Corporation v.
Iraqi Ministry of Industry and Minerals, No. 94-5390 (D.C. Cir. Dec. 15,
1995), the U.S. Court of Ap
[[Page 307]]
peals for the D.C. Circuit issued its second opinion in this case,
finding in FAC's favor on all issues presented to the court. The court
ordered the district court judge to direct Consarc Corporation to
restore the status quo by returning $6.4 million plus interest to the
blocked Iraqi government account from which it was withdrawn after the
district court erroneously held that these funds were not blocked Iraqi
government property. The court also found that the unsold furnace
manufactured for the Iraqi government and sales proceeds of a second
furnace were blocked property. Finally, the court reversed the district
court's ruling that Consarc held a specific claim against a blocked
Iraqi government account for $6.4 million, holding that any claim
Consarc had against the Government of Iraq was as a general creditor
only.
Investigations of possible violations of the Iraqi sanctions continue
to be pursued and appropriate enforcement actions taken. Several cases
from prior reporting periods are continuing and recent additional
allegations have been referred by FAC to the U.S. Customs Service for
investigation. Additional FAC civil penalty notices were prepared
during the reporting period for violations of the International
Emergency Economic Powers Act and Iraqi Sanctions Regulations with
respect to transactions involving Iraq. One de minimis penalty has been
collected from an organization for unlicensed exports in violation of
the prohibitions against transactions involving Iraq. Several other
penalty proceedings are pending completion.
3. Investigation also continues into the roles played by various
individuals and firms outside Iraq in the Iraqi government procurement
network. These investigations may lead to additions to FAC's listing of
individuals and organizations determined to be Specially Designated
Nationals (SDNs) of the Government of Iraq.
4. Pursuant to Executive Order No. 12817 implementing United Nations
Security Council Resolution 778, on October 26, 1992, FAC directed the
Federal Reserve Bank of New York to establish a blocked account for
receipt of certain post-August 6, 1990, Iraqi oil sales proceeds, and
to hold, invest, and transfer these funds as required by the order. On
September 5, 1995, following payments by the Governments of Australia
($216,360.00), Denmark ($168,985.00), Japan ($4,075,000.00), The
Netherlands ($4,168,745.47), New Zealand ($67,050.00), Switzerland
($265,108.20), and by the European Union ($647,463.31), respectively,
to the special United Nations-controlled account, entitled ``United
Nations Security Council Resolution 778 Escrow Account,'' the Federal
Reserve Bank of New York was directed to transfer a corresponding
amount of $9,606,711.98 from the blocked account it holds to the United
Nations-controlled account. Similarly, on October 30, 1995, following
the payment of $1,504,000.00 by the European Community, and payments by
the Governments of Germany ($355,871.89), The Netherlands
($698,348.13), Norway ($199,983.00), and the United Kingdom
($2,188,992.67), the Federal Reserve Bank of New York was directed to
transfer a corresponding amount of $6,947,195.69 to the United Nations-
controlled account. Finally, on December 21, 1995, following the
payment of $3,062,197.28 by the European Union, and payments by the
Governments of the Netherlands ($1,922,719.00), Sweden ($4,223,178.20),
and the United Kingdom ($208,600.44), the Federal Reserve Bank of New
York was directed to transfer the amount of $8,313,066.13 to the United
Nations-controlled account. Cumulative transfers from the blocked
Federal Reserve Bank of New York account since issuance of Executive
Order No. 12817 now have amounted to $200 million, fully satisfying the
U.S. commitment to match the payments of other Member States from
blocked Iraqi oil payments, and its obligation pursuant to United
Nations Security Council Resolution 778.
5. The Office of Foreign Assets Control has issued a total of 618
specific licenses regarding transactions pertaining to Iraq or Iraqi
assets since August 1990. Licenses have been issued for transactions
such as the filing of legal actions against Iraqi governmental
entities, legal representation of Iraq, and the exportation to Iraq of
donated medicine, medical supplies, food intended for humanitarian
relief purposes, the execution of powers of attorney relating to the
administration of personal assets and decedents' estates in Iraq and
the protection of preexistent intellectual property rights in Iraq.
Since my last report, 28 specific licenses have been issued.
6. The expenses incurred by the Federal Government in the 6-month
period from August 2, 1995, through February 1, 1996, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of a national emergency with respect to Iraq are reported
to be about $1.6 million, most of which represents wage and salary
costs for Federal personnel. Personnel costs were largely centered in
the Department of the Treasury (particularly in the Office of Foreign
Assets Control, the U.S. Customs Service, the Office of the Under
Secretary for Enforcement, and the Office of the General Counsel), the
Department of State (particularly the Bureau of Economic and Business
Affairs, the Bureau of Near Eastern Affairs, the Bureau of
International Organization Affairs, the Bureau of Political-Military
Affairs, the U.S. Mission to the United Nations, and the Office of the
Legal Adviser), and the Department of Transportation (particularly the
U.S. Coast Guard).
7. The United States imposed economic sanctions on Iraq in response
to Iraq's illegal invasion and occupation of Kuwait, a clear act of
brutal aggression. The United States, together with the international
community, is maintaining economic sanctions against Iraq because the
Iraqi regime has failed to comply fully with United Nations Security
Council resolutions. Security Council resolutions on Iraq call for the
elimination of Iraqi weapons of mass destruction, Iraqi recognition of
Kuwait, and the inviolability of the Iraq-Kuwait boundary, the release
of Kuwaiti and other third-country nationals, compensation for victims
of Iraqi aggression, long-term monitoring of weapons of mass
destruction capabilities, the return of Kuwaiti assets stolen during
Iraq's illegal occupation of Kuwait, renunciation of terrorism, an end
to internal Iraqi repression of its own civilian population, and the
facilitation of access of international relief organizations to all
those in need in all parts of Iraq. More than 5 years after the
invasion, a pattern of defiance persists: a refusal to account for
missing Kuwaiti detainees; failure to return Kuwaiti property worth
millions of dollars, including military equipment that was used by Iraq
in its movement of troops to the Kuwaiti border in October 1994;
sponsorship of assassinations in Lebanon and in northern Iraq;
incomplete declarations to weapons inspectors; and ongoing widespread
human rights violations. As a result, the U.N. sanctions remain in
place; the United States will continue to enforce those sanctions under
domestic authority.
The Baghdad government continues to violate basic human rights of its
own citizens through systematic repression of minorities and denial of
humanitarian assistance. The Government of Iraq has repeatedly said it
will not be bound by United Nations Security Council Resolution 688.
For more than 4 years, Baghdad has maintained a blockade of food,
medicine, and other humanitarian supplies against northern Iraq. The
Iraqi military routinely harasses residents of the north, and has
attempted to ``Arabize'' the Kurdish, Turcomen, and Assyrian areas in
the north. Iraq has not relented in its artillery attacks against
civilian population centers in the south, or in its burning and
draining operations in the southern marshes, which have forced
thousands to flee to neighboring States.
In April 1995, the U.N. Security Council adopted Resolution 986
authorizing Iraq to export limited quantities of oil (up to $1 billion
per quarter) under U.N. supervision in order to finance the purchase of
food, medicine, and other humanitarian supplies. The resolution
includes arrangements to ensure equitable distribution of such
assistance to all the people of Iraq. The resolution also provides for
the payment of compensation to victims of Iraqi aggression and for the
funding of other U.N. activities with respect to Iraq. Resolution 986
was carefully crafted to address the issues raised by Iraq to justify
its refusal to implement similar humanitarian resolutions adopted in
1991 (Resolutions 706 and 712), such as oil export routes and questions
of national sovereignty. Nevertheless, Iraq refused to implement this
humani
[[Page 308]]
tarian measure. This only reinforces our view that Saddam Hussein is
unconcerned about the hardships suffered by the Iraqi people.
The policies and actions of the Saddam Hussein regime continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, as well as to the regional peace
and security. The U.N. resolutions affirm that the Security Council be
assured of Iraq's peaceful intentions in judging its compliance with
sanctions. Because of Iraq's failure to comply fully with these
resolutions, the United States will continue to apply economic
sanctions to deter it from threatening peace and stability in the
region.
William J. Clinton.
The White House, February 9, 1996.
The message, was referred to the Committee on International Relations
and ordered to be printed (H. Doc. 104-175).
para.14.11 adjournment
On motion of Mr. MONTGOMERY, pursuant to the special order agreed to
on February 6, 1996, at 11 o'clock and 7 minutes a.m., the House
adjourned until 11 o'clock a.m. on Friday, February 16, 1996.
para.14.12 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII:
Mr. KLECZKA introduced a bill (H.R. 2965) to amend title
31, United States Code, to provide an automatic continuing
appropriation for the U.S. Government; to the Committee on
Appropriations.
para.14.13 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 211: Ms. Ros-Lehtinen.
H.R. 497: Mr. Christensen.
H.R. 997: Mr. Hoyer and Mr. Metcalf.
H.R. 1488: Mr. LaHood.
H.R. 1627: Mr. Boehlert.
H.R. 1948: Ms. Rivers.
H.R. 2320: Mr. Walsh, Mr. Costello, Mr. Fazio of
California, and Mr. Peterson of Minnesota.
H.R. 2523: Mr. Stockman.
H.R. 2618: Mr. Conyers.
H.R. 2664: Mr. Hayes, Mr. Royce, Mr. Dornan, and Mr.
Radanovich.
H.R. 2740: Ms. Dunn of Washington.
H.R. 2745: Mr. Payne of New Jersey, Mr. Mfume, Mr. Lantos,
Mr. Neal of Massachusetts, Mr. Gilman, Mr. Boehlert, Mr.
Moakley, Mr. Menendez, Mr. Fields of Louisiana, Mrs. Johnson
of Connecticut, Mr. Kanjorski, and Mr. Gejdenson.
H.R. 2755: Mr. Fattah.
H. Con. Res. 127: Mr. Petri, Mr. Ehlers, Mr. Hoekstra, Mr.
Porter, Mr. Wamp, Mr. Sensenbrenner, and Mr. Gillmor.
H. Con. Res. 134: Mr. Hall of Texas, Mr. Bachus, and Mr.
Emerson.
.
FRIDAY, FEBRUARY 16, 1996 (15)
The House was called to order by the SPEAKER pro tempore, Mrs.
MORELLA.
para.15.1 approval of the journal
The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and
approved the Journal of the proceedings of Tuesday, February 13, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.15.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2057. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting the annual
report to Congress on the operations of the Export-Import
Bank of the United States for fiscal year 1995, pursuant to
12 U.S.C. 635g(a); to the Committee on Banking and Financial
Services.
2058. A letter from the Administrator, Energy Information
Administration, transmitting the Administration's report
entitled ``Annual Energy Outlook 1996,'' pursuant to 15
U.S.C. 790f(a)(1); to the Committee on Commerce.
2059. A letter from the Director, Office of Emergency and
Remedial Response, Environmental Protection Agency,
transmitting three rules amending the national priorities
list promulgated under section 105 of CERCLA, pursuant to 42
U.S.C. 9655(a); to the Committee on Commerce.
2060. A letter from the Chairman, United States
International Trade Commission, transmitting the annual
report under the Federal Managers' Financial Integrity Act
for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Reform and Oversight.
2061. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-197,
``District of Columbia Board of Real Property Assessments and
Appeals Membership Simplification Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
para.15.3 communication from the clerk--message from the president
The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, February 16, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC 20515.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Wednesday, February
14 at 11:25 a.m. and said to contain a message from the
President whereby he transmits the Economic Report of the
President and Annual Report of the Council of Economic
Advisers for 1996.
With warm regards,
Robin H. Carle,
Clerk,
House of Representatives.
para.15.4 council of economic advisors report
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Fifty years ago, the Congress passed and President Truman signed the
Employment Act of 1946, which committed the U.S. Government to promote
policies designed to create employment opportunities for all Americans.
I am proud that my Administration has made President Truman's commitment
a reality. Over the past 3 years, we have created a sound economic
foundation to face the challenges of the 21st century.
Strong Economic Performance
Overall, the American economy is healthy and strong. In the first 3
years of this Administration nearly 8 million jobs were created, 93
percent of them in the private sector. The so-called ``misery index''--
the sum of the inflation and unemployment rates--fell last year to its
lowest level since 1968. Investment has soared, laying the basis for
future higher economic growth. New business incorporations have set a
record, and exports of American-made goods have grown rapidly. Ours is
the strongest and most competitive economy in the world--and its
fundamentals are as sound as they have been in three decades.
This turnaround occurred because of the hard work and ingenuity of the
American people. Many of the new jobs are high-wage service sector
jobs--reflecting the changing structure of the economy. The
telecommunications, biotechnology, and software industries have led the
high-tech revolution world-wide. Traditional industries, such as
manufacturing and construction, have restructured and now use technology
and workplace innovation to thrive and once again create jobs. For
example, in 1994 and 1995, America was once again the world's largest
automobile maker.
Our 1993 economic plan set the stage for this economic expansion and
resurgence, by enacting historic deficit reduction while continuing to
invest in technology and education. For over a decade, growing Federal
budget deficits kept interest rates high and dampened investment and
productivity growth. Now, our deficit is proportionately the lowest of
any major economy.
Today, our challenge is to ensure that all Americans can become
winners in economic change--that our people have the skills and the
security to make the most of their own lives. The very explosion of
technology and trade that creates such extraordinary opportunity also
places new pressures on working people. Over the past two decades,
middle-class earnings have stagnated, and our poorest families saw
their incomes fall. These are long-run trends, and 3 years of sound
economic policies cannot correct for a decade of neglect. Even so, we
are beginning to make some progress: real median family income
increased by 2.3 percent in 1994, and the poverty rate fell in 1994 for
the first time in 5 years.
Addressing Our Economic Challenges
I am firmly committed to addressing our economic challenges and
enhancing economic security for all Americans. People who work hard
need to know that they can and will have a chance to win in our new and
changing economy.
[[Page 309]]
Our economic agenda seeks both to promote growth and to bring the
fruits of that growth within reach of all Americans. Our overall
strategy is straightforward:
--Balancing the budget. In the 12 years before I took office, the
budget deficit skyrocketed and the national debt quadrupled. My
Administration has already cut the budget deficit nearly in half. I
am determined to finish the job of putting our fiscal house in
order. I have proposed a plan that balances the budget in 7 years,
without violating our fundamental values--without undercutting
Medicare, Medicaid, education, or the environment and without
raising taxes on working families. The plans put forth by my
Administration and by the Republicans in the Congress contain
enough spending cuts in common to balance the budget and still
provide a modest tax cut. I am committed to giving the American
people a balanced budget.
--Preparing workers through education and training. In the new
economy, education is the key to opportunity--and the education
obtained as a child in school will no longer last a lifetime. My
Administration has put in place the elements of a lifetime-learning
system to enable Americans to attend schools with high standards;
get help going to college, or from school into the workplace; and
receive training and education throughout their careers. We
expanded Head Start for preschoolers; enacted Goals 2000,
establishing high standards for schools; created a new direct
student loan program that makes it easier for young people to
borrow and repay college loans; gave 50,000 young people the
opportunity to earn college tuition through community service; and
enacted the School-to-Work Opportunities Act. Now we must continue
to give our people the skills they need, by enacting my proposals
to make the first $10,000 of college tuition tax deductible; to
give the top 5 percent of students in each high school a $1,000
merit scholarship; and to enact the GI Bill for Workers, which
would replace the existing worker training system with a flexible
voucher that workers could use at community colleges or other
training facilities.
--Increasing economic security. We must give Americans the security
they need to thrive in the new economy. We can do this through
health insurance reforms that will give Americans a chance to buy
insurance when they change jobs or when someone in their family is
sick. We can do this by encouraging firms to provide more extensive
pension coverage, as I have done through my proposals for pension
simplification. In addition, we should make work pay by increasing
the minimum wage and preserving the full Earned Income Tax Credit
(EITC), which cuts taxes for hard-pressed working families to make
sure that no parents who work full-time have to raise their
children in poverty.
--Creating high-wage jobs through technology and exports. We must
continue to encourage the growth of high-wage industries, which
will create the high-wage jobs of the future. We have reformed the
decades-old telecommunications laws, to help spur the digital
revolution that will continue to transform the way we live. We must
continue to encourage exports, since jobs supported by goods
exports pay on average 13 percent more than other jobs. My
Administration has concluded over 200 trade agreements, including
the North American Free Trade Agreement and the Uruguay Round of
the General Agreement on Tariffs and Trade, seeking an open world
marketplace and fair rules for exporters of American goods and
services. As a result, merchandise exports have increased by 31
percent.
--A government that is smaller, works better, and costs less. A new
economy demands a new kind of government. The era of big,
centralized, one-size-fits-all government is over. But the answer
is not the wholesale dismantling of government. Rather, we must
strive to meet our problems using flexible, nonbureaucratic means--
and working with businesses, religious groups, civic organizations,
schools, and State and local governments. My Administration has
reduced the size of government: as a percentage of civilian nonfarm
employment, the Federal workforce is the smallest it has been since
1933, before the New Deal. We have conducted a top-to-bottom
overhaul of Federal regulations, and are eliminating 16,000 pages
of outdated or burdensome rules altogether. We have reformed
environmental, workplace safety, and pharmaceutical regulation to
cut red tape without hurting public protection. And we will
continue to find new, market-based ways to protect the public.
The Need to Continue with What Works
As The Annual Report of the Council of Economic Advisers makes clear,
this is a moment of great possibility for our country. Ours is the
healthiest of any major economy. No nation on earth is better
positioned to reap the rewards of the new era. Our strategy of deficit
reduction and investment in our people has begun to work. It would be a
grave error to turn back.
Our Nation must reject the temptation to shrink from its
responsibilities or to turn to narrow, shortsighted solutions for long-
term problems. If we continue to invest for the long term, we will pass
on to the next generation a Nation in which opportunity is even more
plentiful than it is today.
William J. Clinton.
The White House, February 14, 1996.
The message, together with the accompanying papers, was referred to
the Joint Economic Committee and ordered to be printed (H. Doc. 104-
161).
para.15.5 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 1718. An Act to designate the United States Courthouse
located at 197 South Main Street in Wilkes-Barre,
Pennsylvania, as the ``Max Rosenn United States Courthouse.''
And then,
para.15.6 adjournment
The SPEAKER pro tempore, Mrs. MORELLA, by unanimous consent and
pursuant to the special order agreed to on February 6, 1996, at 11
o'clock and 4 minutes a.m., the House adjourned until 11 o'clock a.m. on
Tuesday, February 20, 1996.
para.15.7 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HERGER:
H.R. 2966. A bill to authorize law enforcement agencies to
make arrangements for the compensation of officers in their
canine units; to the Committee on Economic and Educational
Opportunities.
By Mr. HAYES:
H.J. Res. 160. Joint resolution proposing an amendment to
the Constitution of the United States to provide that Federal
judges be reconfirmed by the Senate every 6 years; to the
Committee on the Judiciary.
para.15.8 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 863: Ms. DeLauro.
H.R. 2137: Mr. Solomon.
H.R. 2306: Mr. Rahall, Mr. Goss, Mr. Oberstar, Mr. Frazer,
Mr. Fazio of California, Mr. Stockman, Mr. Leach, and Mr.
Gunderson.
H.R. 2697: Ms. Eddie Bernice Johnson of Texas, Ms.
Slaughter, Mrs. Schroeder, and Mr. Farr.
H.J. Res. 10: Mr. Bateman.
H. Con. Res. 21: Mr. Gutierrez, Ms. Waters, and Mr. Payne
of New Jersey.
.
TUESDAY, FEBRUARY 20, 1996 (16)
The House was called to order by the SPEAKER pro tempore, Mrs.
MORELLA.
para.16.1 approval of the journal
The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and
approved the Journal of the proceedings of Friday, February 16, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
[[Page 310]]
para.16.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2061. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-197,
``District of Columbia Board of Real Property Assessments and
Appeals Membership Simplification Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2062. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of February 1, 1996,
pursuant to 2 U.S.C. 685(e) (H. Doc. N. 104-176); to the
Committee on Appropriations and ordered to be printed.
2063. A letter from the Secretary of Energy, transmitting
the Department's report entitled ``1994 Annual Report on Low-
Level Radioactive Waste Management Progress,'' pursuant to
the Low-Level Radioactive Waste Policy Amendments Act of
1985; to the Committee on Commerce.
2064. A letter from the Comptroller General of the United
States, transmitting the list of all reports issued or
released in January 1996, pursuant to 31 U.S.C. 719(h); to
the Committee on Government Reform and Oversight.
2065. A letter from the President and CEO, African
Development Foundation, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2066. A letter from the Director, Operations and Finance,
American Battle Monuments Commission, transmitting a report
of activities under the Freedom of Information Act for
calendar year 1995, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Reform and Oversight.
2067. A letter from the Chairperson, Appraisal
Subcommittee, Federal Financial Institutions Examination
Council, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2068. A letter from the Comptroller General of the United
States, transmitting the Comptroller General's report on GAO
employees detailed to congressional committees as of January
19, 1996; to the Committee on Government Reform and
Oversight.
2069. A letter from the Director, Federal Mediation and
Conciliation Service, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2070. A letter from the Chairman, Board of Governors, U.S.
Postal Service, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2071. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OHS areas, pursuant to 42 U.S.C. 1339(b); to the Committee
on Resources.
2072. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and memorandum of justification
regarding assistance to Haiti, pursuant to Public Law 104-99,
section 301 (110 Stat. 38); jointly, to the Committees on
Appropriations and International Relations.
2073. A letter from the Mayor, District of Columbia,
transmitting the comprehensive annual financial report of the
District of Columbia, pursuant to Public Law 102-102, section
2(b) (105 Stat. 495); jointly, to the Committees on
Government Reform and Oversight and Appropriations.
And then,
para.16.3 adjournment
On motion of Mr. DAVIS, pursuant to the special order agreed to on
February 6, 1996, at 11 o'clock and 3 minutes a.m., the House adjourned
until 11 o'clock a.m. on Friday, February 23, 1996.
para.16.4 memorials
Under clause 4 of rule XXII,
200. The SPEAKER presented a memorial of the Senate of the
Commonwealth of Pennsylvania, relative to the ``Blizzard of
1996''; to the Committee on Transportation and
Infrastructure.
para.16.5 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 940: Mr. Olver.
H.R. 1021: Ms. Velazquez and Ms. Kaptur.
H.R. 1023: Ms. Velazquez, Mr. Schumer, Mr. Frazer, Mr.
Weldon of Florida, and Mrs. Maloney.
H.R. 2143: Mrs. Morella, Mr. Foglietta, Mr. Wilson, Mr.
Hyde, and Mr. Neal of Massachusetts.
H.R. 2214: Mr. Torres, Mr. McCollum, and Mrs. Mink of
Hawaii.
H.R. 2959: Mr. McDermott, Mr. Moakley, Ms. Brown of
Florida, Mr. Dooley, Mr. Thompson, Mr. Bentsen, Mr. Luther,
Mr. Reed, Mrs. Lowey, Mrs. Kennelly, and Mr. Gene Green of
Texas.
para.16.6 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
57. By the SPEAKER: Petition of the council of the city and
county of Honolulu, HI, relative to the State of Hawaii to
secure access to oil from the Strategic Petroleum Reserve in
case of emergency; to the Committee on Commerce.
58. Also, petition of the Board of Chosen Freeholders of
the county of Mercer, NJ, relative to the board's support for
Representative Christopher Smith as he strives to protect the
needs of the senior citizens and all residents of Mercer
County; jointly, to the Committees on Ways and Means and
Commerce.
.
FRIDAY, FEBRUARY 23, 1996 (17)
para.17.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. DAVIS,
who laid before the House the following communication:
Washington, DC,
February 20, 1996.
I hereby designate the Honorable Thomas M. Davis to act as
Speaker pro tempore on Friday, February 23, 1996.
Constance A. Morella,
Speaker pro tempore of the
House of Representatives.
para.17.2 approval of the journal
The SPEAKER pro tempore, Mr. DAVIS, announced he had examined and
approved the Journal of the proceedings of Tuesday, February 20, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.17.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2074. A letter from the Assistant Secretary of Defense,
transmitting a report entitled ``Report on the Performance of
Department of Defense Commercial Activities,'' pursuant to 10
U.S.C. 2304 note; to the Committee on National Security.
2075. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving
United States exports to Ghana, pursuant to 12 U.S.C.
635(b)(3)(i); to the Committee on Banking and Financial
Services.
2076. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Indonesia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
2077. A letter from the Chairman, Harry S. Truman
Scholarship Foundation, transmitting the Foundation's annual
report for 1995, pursuant to 20 U.S.,C. 2012(b); to the
Committee on Economic and Educational Opportunities.
2078. A letter from the Administrator, Energy Information
Administration, transmitting a report entitled ``Performance
Profiles of Major Energy Producers 1994,'' pursuant to 42
U.S.C. 7267; to the Committee on Commerce.
2079. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting a report on abnormal occurrences at
licensed nuclear facilities for the third quarter of calendar
1995, pursuant to 42 U.S.C. 5848; to the Committee on
Commerce.
2080. A letter from the Assistant Secretary of Defense--
Force Management Policy, transmitting a report on the audit
of the American Red Cross for the year ending June 30, 1995,
pursuant to 36 U.S.C. 6; to the Committee on International
Relations.
2081. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-199,
``Technical Amendments Act of 1996,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
2082. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-201, ``Water
and Sewer Authority Establishment and Department of Public
Works Reorganization Act of 1996,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
2083. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-202, ``Joint
Custody of Children Act of 1996,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
2084. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Review of the
Fiscal Year 1995 Comprehensive Annual Financial Report
(CAFR),'' pursuant to D.C. Code, section 47-117(d); to the
Committee on Government Reform and Oversight.
2085. A letter from the Federal Financial Institutions
Examination Council, Appraisal Subcommittee, transmitting the
1995 annual report in compliance with the Inspector General
Act Amendments of 1988, pursuant to Public Law 100-504,
section 104(a) (102 Stat. 2525); to the Committee on
Government Reform and Oversight.
2086. A letter from the Chief Financial Officer, Export-
Import Bank of the United
[[Page 311]]
States, transmitting the Bank's annual management report for
the year ended September 30, 1995, pursuant to Public Law
101-576, section 306(a) (104 Stat. 2854); to the Committee on
Government Reform and Oversight.
2087. A letter from the Director, Federal Emergency
Management Agency, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2088. A letter from the Director, Federal Emergency
Management Agency, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2089. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2090. A letter from the Director, Office of Financial
Management, General Accounting Office, transmitting the
fiscal year 1995 annual report of the Comptrollers General
retirement system, pursuant to 31 U.S.C. 9503(a)(1)(B); to
the Committee on Government Reform and Oversight.
2091. A letter from the Administrator, General Services
Administration, transmitting a draft of proposed legislation
to amend section 1113 of the Right to Financial Privacy Act
of 1978 clarifying the Government's authority to collect
financial records in conjunction with a Federal contractor-
issued travel charge card; to the Committee on Government
Reform and Oversight.
2092. A letter from the Executive Director, National
Education Goals Panel, transmitting the annual report under
the Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2093. A letter from the Executive Secretary, National Labor
Relations Board, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2094. A letter from the Chairman, National Transportation
Safety Board, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2095. A letter from the Director, Office of Management and
Budget, transmitting an accounting standard for Federal
property, plant, and equipment that was recently recommended
by the Federal Accounting Standards Advisory Board [FASAB]
and approved in its entirety by the Secretary of the
Treasury, the Director of the Office of Management and Budget
[OMB], and the Comptroller General, pursuant to Public Law
101-576, section 307 (104 Stat. 2855); to the Committee on
Government Reform and Oversight.
2096. A letter from the Secretary of the Interior,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
2097. A letter from the Acting Chairman, Thrift Depositor
Protection Oversight Board, transmitting the final semiannual
report on activities of the inspector general of the RTC for
the period October 1, 1995, through December 31, 1995,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to
the Committee on Government Reform and Oversight.
2098. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2099. A letter from the Assistant Secretary for Water and
Science, Department of the Interior, transmitting a proposed
contract amendment to Contract No. 7-07-60-WO280 executed
with the Belle Fourche Irrigation District, Pick-Sloan
Missouri Basin Program, SD; to the Committee on Resources.
2100. A letter from the Migratory Bird Conservation
Commission, transmitting the annual report of activities for
the fiscal year ended September 30, 1995, pursuant to 16
U.S.C. 715b; to the Committee on Resources.
2101. A letter from the Director, Government Relations,
Girl Scouts of the United States of America, transmitting the
Girl Scouts of the United States of America 1995 annual
report, pursuant to 36 U.S.C. 37; to the Committee on the
Judiciary.
2102. A letter from the Secretary of Transportation,
transmitting the Department's report on the Port of Miami
high-level bridge demonstration project, pursuant to Public
Law 97-424, section 131(h)(4) (96 Stat. 2111); to the
Committee on Transportation and Infrastructure.
2103. A letter from the Chairman, National Transportation
Safety Board, transmitting a copy of the National
Transportation Safety Board's letter to OMB appealing the
fiscal year 1997 allowance of $39,836,000 for the Board,
pursuant to 49 U.S.C. app. 1903(b)(7); to the Committee on
Transportation and Infrastructure.
2104. A letter from the Secretary of the Treasury,
transmitting notification that the Treasury announced the
auction of $29 billion of 55-day cash management bills, to be
issued pursuant to section 1(b) of Public Law 104-103,
pursuant to Public Law 104-103, section 1(b) (110 Stat. 55);
to the Committee on Ways and Means.
2105. A letter from the Secretaries of Veterans Affairs and
Defense, transmitting a report on the implementation of the
health resources sharing portion of the Department of
Veterans Affairs and Department of Defense Health Resources
Sharing and Emergency Operations Act for fiscal year 1995,
pursuant to 38 U.S.C. 8111(f); jointly, to the Committees on
National Security and Veterans' Affairs.
2106. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting its monetary policy
report, pursuant to 12 U.S.C. 225a; jointly, to the
Committees on Banking and Financial Services and Economic and
Educational Opportunities.
2107. A letter from the Assistant Attorney General,
transmitting a draft of proposed legislation entitled ``Act
to Improve the Treatment of and Security for Certain Persons
Found Not Guilty by Reason of Insanity in the District of
Columbia''; jointly, to the Committees on the Judiciary and
Government Reform and Oversight.
2108. A letter from the Secretary of Health and Human
Services, transmitting the Department's report on the
Information, Counseling and Assistance [ICA] Grants Program,
as created under section 4360(f) of the Omnibus Budget
Reconciliation Act of 1990 [OBRA 90]; jointly, to the
Committees on Ways and Means and Commerce.
2109. A communication from the President of the United
States, transmitting a report of three proposed rescissions
of budget authority, totaling $820 million, pursuant to 2
U.S.C. 683(a)(1); to the Committee on Appropriations.
2110. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $140 million in budgetary authority
for support of the Middle East peace process, pursuant to 31
U.S.C. 1107 (H. Doc. No. 104-178); to the Committee on
Appropriations and ordered to be printed.
2111. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $620 million in budgetary authority
for DOD operations associated with the NATO-led Bosnia Peace
Implementation Force [IFOR] and Operation Deny Flight, and
$200 million for civilian implementation of the Dayton Peace
Accord and to designate the amounts made available as an
emergency requirement pursuant to section 251(b)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107; to the Committee on
Appropriations and ordered to be printed.
para.17.4 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. DAVIS, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, February 20, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Tuesday, February
20 at 11:15 a.m. and said to contain a message from the
President whereby he transmits the Annual Report of the
National Endowment for Democracy for fiscal year 1996.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.17.5 national endowment for democracy
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Pursuant to the provisions of section 504(h) of Public Law 98-164, as
amended (22 U.S.C. 4413(i)), I transmit herewith the 12th Annual Report
of the National Endowment for Democracy, which covers fiscal year 1995.
As the report demonstrates, the National Endowment for Democracy
remains at the forefront of our efforts to expand and consolidate
democratic gains around the globe. The strong bipartisan support the
Endowment continues to receive reflects our Nation's steadfast
commitment to the promotion of democracy.
William J. Clinton.
The White House, February 20, 1996.
The message, together with the accompanying papers, was referred to
the Committee on International Relations.
para.17.6 george washington's birthday observance
On motion of Mr. MONTGOMERY, by unanimous consent, the program and the
remarks of Mr. Upton and Mr. Moran, the two Members representing the
House of Representatives at the wreath-laying ceremony at the Wash
[[Page 312]]
ington Monument for the observance of George Washington's Birthday on
Thursday, February 22, 1996, are inserted in today's Congressional
Record.
para.17.7 adjournment over
On motion of Mr. MONTGOMERY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
12:30 p.m. on Tuesday, February 27, 1996, for ``morning hour'' debates.
And then,
para.17.8 adjournment
On motion of Ms. NORTON, pursuant to the special order heretofore
agreed to, at 11 o'clock and 4 minutes a.m., the House adjourned until
12:30 p.m. on Tuesday, February 27, 1996.
para.17.9 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SCHAEFER:
H.R. 2967. A bill to extend the authorization of the
Uranium Mill Tailings Radiation Control Act of 1978, and for
other purposes; to the Committee on Commerce.
By Mr. GEKAS (for himself and Mr. Royce):
H.R. 2968. A bill to prohibit the use of credit cards by
officers and employees of the Federal Government; to the
Committee on Government Reform and Oversight.
By Mr. KLUG (for himself and Mr. Kennedy of
Massachusetts):
H.R. 2969. A bill to eliminate the Board of Tea Experts by
repealing the Tea Importation Act of 1897; to the Committee
on Ways and Means, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. McCOLLUM (for himself and Mr. Shaw):
H.R. 2970. A bill to provide for a judicial remedy for U.S.
persons injured as a result of violations by foreign states
of their arbitral obligations under international law; to the
Committee on the Judiciary.
By Mr. THOMAS:
H.R. 2971. A bill to amend the Internal Revenue Code of
1986 and the Social Security Act to reduce Social Security
taxes and to provide for Social Security individual
retirement accounts funded by Social Security payroll
deductions; to the Committee on Ways and Means, and in
addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BARR:
H. Res. 364. Resolution providing for the consideration of
the bill (H.R. 125) to repeal the ban on semiautomatic
assault weapons and the ban on large capacity ammunition; to
the Committee on Rules.
para.17.10 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
201. The SPEAKER presented a memorial of the House of
Representatives of the State of Maine, relative to
memorializing the President and the Congress of the United
States to support full participation by the Republic of China
on Taiwan in the United Nations; to the Committee on
International Relations.
para.17.11 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1701: Mr. Camp.
H.R. 1884: Mr. Dellums.
H.R. 2270: Mr. Ney.
H.R. 2320: Mr. Dickey and Mr. Solomon.
H.R. 2391: Mr. Herger, Mr. Taylor of North Carolina, Mr.
Bliley, Mr. Rohrabacher, Mr. Cunningham, Mr. Barrett of
Nebraska, Mr. McKeon, and Mr. Souder.
H.R. 2604: Mrs. Morella, Mr. McCollum, and Mr. Dornan.
H.R. 2912: Mr. Gejdenson, Mr. Costello, Ms. Lofgren, Mr.
Jacobs, Mr. Evans, Mr. Towns, Mr. Martinez, Mr. Solomon, and
Mr. Baker of Louisiana.
H.R. 2922: Mr. Frazer.
H.R. 2944: Mr. Minge.
H.R. 2959: Mr. Coyne, Mr. Neal of Massachusetts, Mr. Towns,
Mr. Becerra, Mr. Kildee, Mr. Coleman, Mr. Wynn, Mrs. Mink of
Hawaii, Mr. Jacobs, Mr. Fattah, Mr. Frazer, Ms. Velazquez,
and Mr. LaFalce.
H. Res. 30: Ms. Ros-Lehtinen, Mr. Frisa, Mrs. Maloney, and
Mr. Gilman.
para.17.12 petitions, etc.
Under clause 1 of rule XXII petitions and papers were laid on the
Clerk's desk and referred as follows:
59. By the SPEAKER: Petition of the council of the city of
New York, NY, relative to the Summer and Year-Round Youth
Employment Programs; to the Committee on Economic and
Educational Opportunities.
60. Also, petition of the city council of Chattanooga, TN,
relative to the telecommunications bill; to the Committee on
Commerce.
61. Also, petition of the city council of the city of
Compton, CA, relative to the Barton-Stupak amendment in the
telecommunications reform conference report; to the Committee
on Commerce.
.
TUESDAY, FEBRUARY 27, 1996 (18)
The House was called to order by the SPEAKER pro tempore, Mrs.
MORELLA, at 12:30 p.m., when, pursuant to the order of the House of
Friday, February 23, 1996, Members were recognized for ``morning hour''
debates.
para.18.1 recess--1:36 p.m.
The SPEAKER pro tempore, Mr. SHAYS, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 36 minutes p.m., until 2
p.m.
para.18.2 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. DUNCAN, called the House to order.
para.18.3 approval of the journal
The SPEAKER pro tempore, Mr. DUNCAN, announced he had examined and
approved the Journal of the proceedings of Friday, February 23, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.18.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2112. A letter from the Under Secretary of Defense
(Personnel and Readiness), transmitting notification that the
Department's defense manpower requirements report for fiscal
year 1997, will be submitted by April 30, 1996; to the
Committee on National Security.
2113. A letter from the Managing Director, Federal Housing
Finance Board, transmitting the Board's reports entitled
``1996 Salary Rates'' for its employees in grade 1-15 and
``Executive Level Salary Ranges'' for it executive level
employees, pursuant to section 1206 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
[FIRREA]; to the Committee on Banking and Financial Services.
2114. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 2000 resulting from passage of H.R. 2353
and H.R. 2657, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
2115. A letter from the Director, Office of Management and
Budget, transmitting OMB estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year
through fiscal year 2000 resulting from passage of S. 652,
H.R. 2029, and S. 1124, pursuant to Public Law 101-508,
section 13101(a) (104 Stat. 1388-582); to the Committee on
the Budget.
2116. A letter from the Secretary of Health and Human
Services, transmitting the Department's third annual report
to Congress on the implementation of the authority and use of
fees collected under the Prescription Drug User Fee Act of
1992 [PDUFA] during the fiscal year 1995, pursuant to 21
U.S.C. 379g note; to the Committee on Commerce.
2117. A letter from the Inspector general, Department of
Health and Human Services, transmitting a report on Superfund
financial activities at the National Institute of
Environmental Health Services and the Agency for Toxic
Substances and Disease Registry for fiscal year 1994,
pursuant to 31 U.S.C. 7501 note; to the Committee on
Commerce.
2118. A letter from the Secretary of Energy, transmitting
the 32d quarterly report to Congress on the status of Exxon
and stripper well oil overcharge funds as of September 30,
1995; to the Committee on Commerce.
2119. Assistant Legal Adviser for Treaty Affairs,
Department of State, transmitting copies of international
agreements, other than treaties, entered into by the United
States, pursuant to 1 U.S.C. 112b(a); to the Committee on
International Relations.
2120. Secretary of Transportation, transmitting the
semiannual report of the inspector general for the period
April 1, 1995, through September 30, 1995, pursuant to 5
U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee
on Government Reform and Oversight.
2121. Chairman, Council of the District of Columbia,
transmitting a copy of D.C. Act 11-213, ``Closing of a Public
Alley in Square N-699, S.O. 93-84, Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2122. Auditor, District of Columbia, transmitting a copy of
a report entitled ``Audit of the Boxing and Wrestling
Commission for Fiscal Year 1994,'' pursuant to D.C. Code,
section 47-117(d); to the Committee on Government Reform and
Oversight.
2123. Auditor, District of Columbia, transmitting a copy of
a report entitled ``Review of the Boxing Event of October 15,
1995 Regulated by the District of Columbia Boxing and
Wrestling Commission,'' pursuant to D.C. Code, section 47-
117(d); to the Committee on Government Reform and Oversight.
[[Page 313]]
2124. A letter from the Administrator, Agency for
International Development, transmitting the annual report
under the Federal Managers' Financial Integrity Act for
fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to the
Committee on Government Reform and Oversight.
2125. A letter from the Principal Deputy Assistant for
Public Affairs, Department of Defense, transmitting a report
of activities under the Freedom of Information Act for
calendar year 1995, pursuant to U.S.C. 552(d); to the
Committee on Government Reform and Oversight.
2126. A letter from the Director, Office of Administration,
Executive Office of the President, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1995, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Reform and Oversight.
2127. A letter from the Secretary, Federal Trade
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
2128. A letter from the General Counsel and Corporate
Secretary, Legal Services Corporation, transmitting a copy of
the annual report in compliance with the Government in the
Sunshine Act during the calendar year 1995, pursuant to 5
U.S.C. 552b(j); to the Committee on Government Reform and
Oversight.
2129. A letter from the vice president for Government and
Public Affairs, National Railroad Passenger Corporation,
transmitting the Corporation's 1995 annual report, and 1996
legislative report and grant request, pursuant to 49 U.S.C.
24315; to the Committee on Transportation and infrastructure.
2130. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Tanker
Navigation Safety Standards, 20 Year Tanker Size/Capacity
Trend Analysis,'' pursuant to Public Law 101-380, section
4111(b)(11) (104 Stat. 516); to the Committee on
Transportation and Infrastructure.
2131. A letter from the Assistant Secretary for Technology
Policy, Department of Commerce, transmitting the biennial
report on Federal agency use of the technology transfer
authorities, in compliance with the section 3710(g)(2) of
title 15, United States Code; to the Committee on Science.
2132. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to amend title
38, United States Code, to exempt full-time registered
nurses, physician assistants, and expanded-function dental
auxiliaries from restrictions on remunerated outside
professional activities; to the Committee on Veterans'
Affairs.
2133. A letter from the Director, Administration and
Management, Department of Defense, transmitting certification
that the total cost for the planning, design, construction,
and installation of equipment for the renovation of the
Pentagon Reservation will not exceed $1,218,000,000, pursuant
to section 8095 of Public Law 104-61; jointly, to the
Committees on Appropriations and National Security.
2134. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notice of
obligation of funds for Nonproliferation and Disarmament Fund
[NDF] activities in Bosnia, pursuant to Public Law 104-99,
section 301 (110 Stat. 38); jointly, to the Committees on
Appropriations and International Relations.
2135. A letter from the Comptroller of the Currency,
transmitting the annual report of consumer complaints filed
against national banks for 1995; jointly, to the Committees
on Banking and Financial Services and Commerce.
2136. A letter from the Secretary of Transportation,
transmitting the Department's report to Congress on the
benefits of safety belts and motorcycle helmets, pursuant to
Public Law 102-240, section 1031(b)(2) (105 Stat. 1073);
jointly, to the Committees on Commerce and Transportation and
Infrastructure.
para.18.5 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. DUNCAN, laid before the House a
communication, which was read as follows:
U.S. House of Representatives,
Washington, DC, February 23, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in Clause 5 of
Rule III of the Rules of the U.S. House of Representatives, I have the
honor to transmit a sealed envelope received from the White House on
Friday, February 23 at 1:30 p.m. and said to contain a message from the
President whereby he reports four deferral and four rescission proposals
of budget authority under the Congressional Budget and Impoundment
Control Act of 1974.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.18.6 impoundment control
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report three new deferrals and one revised
deferral, totaling $3.6 billion, and four rescission proposals of
budgetary resources, totaling $140 million.
These deferrals affect the International Security Assistance programs
as well as programs of the Agency for International Development. The
rescission proposals affect the Department of Defense.
William J. Clinton.
The White House, February 23, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-180).
para.18.7 stevenson-wydler technology innovation
Mrs. MORELLA moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 2196) to amend the Stevenson-
Wydler Techology Innovation Act of 1980 with respect to inventions made
under cooperative research and development agreements, and for other
purposes:
Page 3, line 24, before ``field'' insert ``pre-
negotiated''.
Page 5, line 4, strike out all after ``only'' down to and
including ``finds'' in line 5 and insert ``in exceptional
circumstances and only if the Government determines''.
Page 5, after line 15 insert: ``This determination is
subject to administrative appeal and judicial review under
section 203(2) of title 35, United States Code.''.
Page 13, strike out lines 10 through 17 and insert:
``Section 11(i) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710(i)) is amended by
inserting `loan, lease, or' before `give'.''.
Page 21, strike out all after line 22 over to and including
line 3 on page 22 and insert:
``(13) to coordinate Federal, State, and local technical
standards activities and conformity assessment activities,
with private sector technical standards activities and
conformity assessment activities, with the goal of
eliminating unnecessary duplication and complexity in the
development and promulgation of conformity assessment
requirements and measures.''.
Page 22, lines 5 and 6, strike out ``by January 1, 1996,''
and insert ``within 90 days after the date of enactment of
this Act,''.
Page 22, strike out all after line 7, over to and including
line 5 on page 23 and insert:
``(d) Utilization of Consensus Technical Standards by
Federal Agencies; Reports.--
``(1) In general.--Except as provided in paragraph (3) of
this subsection, all Federal agencies and departments shall
use technical standards that are developed or adopted by
voluntary consensus standards bodies, using such technical
standards as a means to carry out policy objectives or
activities determined by the agencies and departments.
``(2) Consultation; participation.--In carrying out
paragraph (1) of this subsection, Federal agencies and
departments shall consult with voluntary, private sector,
consensus standards bodies and shall, when such participation
is in the public interest and is compatible with agency and
departmental missions, authorities, priorities, and budget
resources, participate with such bodies in the development of
technical standards.
``(3) Exception.--If compliance with paragraph (1) of this
subsection is inconsistent with applicable law or otherwise
impractical, a Federal agency or department may elect to use
technical standards that are not developed or adopted by
voluntary consensus standards bodies if the head of each such
agency or department transmits to the Office of Management
and Budget an explanation of the reasons for using such
standards. Each year, beginning with fiscal year 1997, the
Office of Management and Budget shall transmit to Congress
and its committees a report summarizing all explanations
received in the preceding year under this paragraph.
``(4) Definition of technical standards.--As used in this
subsection, the term `technical standards' means performance-
based or design-specific technical specifications and related
management systems practices.''.
The SPEAKER pro tempore, Mr. DUNCAN, recognized Mrs. MORELLA and Mr.
TANNER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. DUNCAN, announced that two-thirds of the
Members present had voted in the affirmative.
Mrs. MORELLA objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. DUNCAN, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
[[Page 314]]
para.18.8 housing opportunity program extension
Mr. LAZIO moved to suspend the rules and pass the bill of the Senate
(S. 1494) to provide an extension for fiscal year 1996 for certain
programs administered by the Secretary of Housing and Urban Development
and the Secretary of Agriculture, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. DUNCAN, recognized Mr. LAZIO and Mr.
KENNEDY of Massachusetts, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DUNCAN, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. LAZIO objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. DUNCAN, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.18.9 h.r. 2196--unfinished business
The SPEAKER pro tempore, Mr. DUNCAN, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the amendments of the Senate to the bill (H.R. 2196) to
amend the Stevenson-Wydler Techology Innovation Act of 1980 with respect
to inventions made under cooperative research and development
agreements, and for other purposes.
The question being put, viva voce,
Will the House suspend the rules and agree to said Senate amendments?
The SPEAKER pro tempore, Mr. DUNCAN, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said Senate amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said Senate amendments were agreed to was, by unanimous consent, laid on
the table.
Ordered, That the Clerk notify the Senate thereof.
para.18.10 s. 1494--unfinished business
The SPEAKER pro tempore, Mr. DUNCAN, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 1494) to provide an
extension for fiscal year 1996 for certain programs administered by the
Secretary of Housing and Urban Development and the Secretary of
Agriculture, and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DUNCAN, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.18.11 providing for the consideration of h.r. 2854
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-463) the resolution (H. Res. 366) providing for the consideration of
the bill (H.R. 2854) to modify the operation of certain agricultural
programs.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.18.12 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. STOKES, for today through March 15;
To Ms. McKINNEY, for today and the balance of the week; and
To Ms. FURSE, for today and the balance of the week.
And then,
para.18.13 adjournment
On motion of Mr. GOSS, at 10 o'clock and 1 minute p.m., the House
adjourned.
para.18.14 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SOLOMON: Committee on Rules. House Resolution 366.
Resolution providing for consideration of the bill (H.R.
2854) to modify the operation of certain agricultural
programs (Rept. No. 104-463). Referred to the House Calendar.
para.18.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BLILEY (for himself, Mr. Archer, Mr. Rogers, Mr.
Fields of Texas, Mr. Dingell, Mr. Markey, Mr. Oxley,
and Mr. Tauzin):
H.R. 2972. A bill to authorize appropriations for the
Securities and Exchange Commission, to reduce the fees
collected under the Federal securities laws, and for other
purposes; to the Committee on Commerce.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr.
Gunderson, Mr. Allard, Mr. Barrett of Nebraska, Mr.
Ewing, and Mr. Smith of Michigan):
H.R. 2973. A bill to reform and extend Department of
Agriculture programs related to agricultural credit, rural
development, conservation, trade, research, and promotion of
agricultural commodities; to the Committee on Agriculture,
and in addition to the Committees on Ways and Means, and
International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. CHRYSLER:
H.R. 2974. A bill to amend the Violent Crime Control and
Law Enforcement Act of 1994 to provide enhanced penalties for
crimes against elderly and child victims; to the Committee on
the Judiciary.
By Mr. FRANK of Massachusetts (for himself, Mr. Yates,
and Ms. Pelosi):
H.R. 2975. A bill to amend the Immigration and Nationality
Act to establish a Board of Visa Appeals within the
Department of State to review decisions of consular officers
concerning visa applications, revocations, and cancellations;
to the Committee on the Judiciary.
By Mr. GANSKE (for himself, Mr. Markey, Mr. Barr, Mr.
Boucher, Mr. Coburn, Mr. Durbin, Mr. Gene Green of
Texas, Mr. Johnston of Florida, Mr. Kennedy of
Massachusetts, Mr. Kleczka, Ms. Lofgren, Mr.
McDermott, Mrs. Meek of Florida, Mr. Moran, Mr.
Nadler, Mr. Sanders, Mr. Serrano, Mrs. Smith of
Washington, Mr. Stark, Mr. Studds, Mr. Traficant, Mr.
Waxman, Mr. Whitfield, and Mr. Wise):
H.R. 2976. A bill to prohibit health plans from interfering
with health care provider communications with their patients;
to the Committee on Commerce, and in addition to the
Committees on Ways and Means, Economic and Educational
Opportunities, and Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GEKAS (for himself and Mr. Reed):
H.R. 2977. A bill to reauthorize alternative means of
dispute resolution in the Federal administrative process, and
for other purposes; to the Committee on the Judiciary.
By Mr. MORAN:
H.R. 2978. A bill to amend chapters 83 and 84 of title 5,
United States Code, to provide for measures to preserve the
value of deferred annuities over the period of the time
between separation from Government service and when payments
commence, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mr. LANTOS (for himself and Mr. King):
H. Res. 365. Resolution condemning the visit of Louis
Farrakhan to Libya, Iran, and Iraq as well as certain
statements he made during those visits, and urging the
President to take appropriate action to determine if such
visits, statements, and actions resulting from agreements or
understandings reached during these visits violate Federal
law; to the Committee on International Relations.
para.18.16 memorials
Under clause 4 of rule XXII,
202. The SPEAKER presented a memorial of the Senate of the
State of Washington, relative to the Honorable Barbara
Charline Jordan; to the Committee on Government Reform and
Oversight.
para.18.17 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 26: Mr. Camp.
H.R. 263: Mr. Nadler.
H.R. 345: Mr. Jacobs.
[[Page 315]]
H.R. 449: Mr. Frost and Mr. Frazer.
H.R. 488: Mr. Frazer.
H.R. 497: Mr. Barrett of Nebraska and Mr. Quinn.
H.R. 528: Mr. Stump, Mrs. Morella, Mr. Smith of New Jersey,
and Mr. Klug..
H.R. 550: Mr. Cunningham.
H.R. 573: Mr. Dellums, Mr. Filner, and Ms. Lofgren.
H.R. 580: Mr. Livingston, Mr. Hunter, Mr. Ramstad, Ms.
Norton, Mr. Sawyer, and Mr. Costello.
H.R. 619: Mr. Martinez and Mr. McDermott.
H.R. 620: Mr. Martinez, Mr. McDermott, Mr. LaFalce, Mr.
Moakley, Mr. Olver, Ms. Lofgren, Ms. Norton, and Mr. Waxman.
H.R. 771: Mr. Dellums.
H.R. 784: Mr. Coburn, Mr. Ehrlich, and Mr. Funderburk.
H.R. 852: Mr. Moakley.
H.R. 858: Mr. Baker of Louisiana, Mr. Hall of Ohio, Mr.
Herger, Mr. Moakley, and Mr. Tejeda.
H.R. 911: Mr. Shaw, Mr. Johnson of South Dakota, Mr.
Goodling, Mr. Bateman, Mr. Luther, Mr. Peterson of Florida,
and Mr. Skaggs.
H.R. 972: Mr. Bonilla and Mr. Jefferson.
H.R. 1000: Mr. Hastings of Florida, Mr. Pallone, and Mr.
Flake.
H.R. 1023: Mr. Sisisky, Mr. Lazio of New York, and Mr.
Hoekstra.
H.R. 1073: Mr. Davis and Mr. Skeen.
H.R. 1074: Mr. Davis and Mr. Skeen.
H.R. 1386: Mr. Hastings of Washington and Mrs. Smith of
Washington.
H.R. 1527: Mrs. Waldholtz.
H.R. 1560: Mr. Wilson and Ms. Norton.
H.R. 1591: Mr. Berman.
H.R. 1610: Mr. Wicker, Mr. Reed, Mr. Dellums, and Mr.
Doyle.
H.R. 1656: Mr. Manton, Mr. Durbin, Ms. Waters, and Mr.
Towns.
H.R. 1684: Mr. Smith of New Jersey, Mr. Spence, Mr. Klug,
Ms. Molinari, Mr. Bereuter, Mr. Cramer, Mr. Bass, Mr. Reed,
Mr. Duncan, Mr. Serrano, Mr. Kleczka, Mr. Dickey, Mr.
Rohrabacher, Mr. Archer, Mr. LaHood, Mr. Saxton, and Mr.
McDade.
H.R. 1688: Mr. Coyne and Mr. Johnson of South Dakota.
H.R. 1733: Mr. Heineman, Mr. LaHood, Mr. Shadegg, and Mr.
Solomon.
H.R. 1767: Mr. Bachus.
H.R. 1776, Mr. Emerson, Mr. Brewster, Mr. Calvert, Mr.
Cramer, Mr. Smith of New Jersey, Mrs. Lowey, Mr. Ford, Mr.
Kildee, Mr. Durbin, and Mr. Hall of Ohio.
H.R. 1801, Mr. Meehan, Mr. Franks of New Jersey, and Mr.
Hoekstra.
H.R. 1802, Mr. LaFalce.
H.R. 1889, Mr. Hinchey.
H.R. 1989, Mr. Minge.
H.R. 2008, Mr. Kennedy of Massachusetts and Mr. Neumann.
H.R. 2011, Mr. Gonzalez, Mr. Frazer, Mr. Torres, Mr. Miller
of California, Mr. Thompson, Mr. Markey, and Mr. English of
Pennsylvania.
H.R. 2016, Mrs. Kelly.
H.R. 2193, Mr. Hayworth.
H.R. 2240, Mr. Hinchey, Mr. McDermott, Mr. Bilbray, Mr.
Abercrombie, Mr. Gordon, Ms. Norton, and Mr. Costello.
H.R. 2276, Mr. Ackerman and Mr. Calvert.
H.R. 2285, Mr. Meehan, Mr. Calvert, Mr. Thompson, Mr.
Cunningham, and Mr. Ackerman.
H.R. 2306, Mr. Skelton and Ms. Lofgren.
H.R. 2350, Mr. Moran.
H.R. 2416, Mr. Martini, Mr. Matsui, Mr. meehan, and Mr.
Waxman.
H.R. 2441, Mr. Luther and Mr. Jacobs.
H.R. 2531, Mr. Thornberry.
H.R. 2566, Mr. Yates, Mr. Metcalf, Mr. Campbell, Mr.
Hinchey, and Mr. Browder.
H.R. 2585: Mr. Hansen, Mr. Stark, Mr. Lewis of Georgia, Mr.
Foglietta, Mr. McDermott, Mr. Studds, Mr. Oberstar, Ms.
Pelosi, Mr. Yates, Mr. Orton, and Ms. Lofgren.
H.R. 2618: Mr. Gunderson and Mr. Kennedy of Massachusetts.
H.R. 2646: Mr. English of Pennsylvania.
H.R. 2654: Mr. Nadler, Mr. Gordon, Mr. Stark, Mr. Bentsen,
and Mrs. Maloney.
H.R. 2664: Mr. Martini, Mr. Costello, Mr. Kildee, Mr.
Hoekstra, and Mr. Ganske.
H.R. 2682: Mrs. Maloney, Mrs. Lowey, and Ms. Slaughter.
H.R. 2724: Mr. Rush, Mr. Frazer, Mr. DeFazio, Ms. McKinney,
Mr. Watt of North Carolina, Ms. Kaptur, Mr. Kennedy of
Massachusetts, Mr. Gene Green of Texas, Ms. Lofgren, Mr.
Frost, Mr. Fattah, Mr. Torres, Ms. Norton, and Mr. Waxman.
H.R. 2725: Mr. Rush, Mr. Frazer, Mr. DeFazio, Ms. McKinney,
Mr. Watt of North Carolina, Ms. Kaptur, Mr. Kennedy of
Massachusetts, Mr. Gene Green of Texas, Ms. Lofgren, Mr.
Frost, Mr. Fattah, Mr. Torres, Ms. Norton, and Mr. Waxman.
H.R. 2745: Ms. Harman, Mr. Kennedy of Rhode Island, Mr.
Quinn, Mr. Coyne, Mr. Campbell, Mr. Visclosky, Mr. Frost, and
Mr. Kildee.
H.R. 2757: Mr. Bartlett of Maryland, Mr. Sensenbrenner, Mr.
Davis, Mr. Bentsen, Mr. Solomon, Mr. Baldacci, Mr.
Funderburk, and Mr. Callahan.
H.R. 2777: Ms. Slaughter, Mr. Waxman, Mr. Lewis of Georgia,
Mr. Payne of New Jersey, Mr. Foglietta, Ms. Pelosi, Mr.
Martinez, Mr. Nadler, and Mrs. Thurman.
H.R. 2779: Mr. Bachus, Mr. Barton of Texas, Mr. Burton of
Indiana, Mr. Cremeans, Mr. Jacobs, Mr. Schaefer, and Mr.
Bunning of Kentucky.
H.R. 2782: Mr. Moakley.
H.R. 2785: Mr. Matsui and Ms. Woolsey.
H.R. 2796: Mr. Moran, Mr. Yates, Mr. Jacobs, and Mr.
Hutchinson.
H.R. 2856: Mr. Sabo, Ms. Slaughter, Mr. Ackerman, Mr.
Martinez, Mr. Frelinghuysen, Mr. Gordon, and Mr. Oberstar.
H.R. 2912: Mr. Manton.
H.R. 2914: Mr. LaFalce.
H.R. 2916: Mr. Studds, Mr. Miller of California, and Mr.
Gejdenson.
H.R. 2925: Mr. Davis, Mr. Norwood, Mr. Ensign, Mrs.
Waldholtz, Mr. Hoekstra, Mr. Moran, Mr. Petri, Mr. Talent,
Mr. Linder, Mr. Hutchinson, Mr. Moorhead, Mrs. Smith of
Washington, Mr. Ehlers, and Mr. Cooley.
H.R. 2935: Mr. Hastings of Washington.
H.R. 2959: Mr. Hoyer, Mr. Kleczka, Mr. Stokes, Mr. Hall of
Ohio, Mr. Schumer, Ms. Woolsey, Ms. Eshoo, Mr. Pastor, Mr.
Flake, Ms. McKinney, and Mr. Vento.
H. Con. Res. 47: Mr. Davis and Mr. Kleczka.
H. Con. Res. 51: Mr. Moakley, Mr. Brown of Ohio, Mr.
Kleczka, Mr. Upton, Mr. Fawell, and Mr. Olver.
H. Con. Res. 79: Mrs. Lowey.
H. Con. Res. 125: Mr. Andrews.
H. Con. Res. 144: Mr. Bryant of Texas, Mr. Conyers, Mr.
Dellums, Mr. Doyle, Mr. Gordon, Mr. Hall of Ohio, Mr.
Hamilton, Ms. Kaptur, Mr. Kleczka, Mr. LaFalce, Mr. Leach,
Mrs. Lowey, Mr. McHale, Mr. Pallone, Mr. Quinn, and Mr.
Yates.
H. Res. 358: Mr. Cramer, Mrs. Clayton, Mr. Yates, Ms.
Kaptur, Mr. Poshard, and Mr. Doyle.
H. Res. 360: Mr. Jacobs, Mr. Filner, Mr. Yates, Ms.
McKinney, Mr. Miller of California, Mr. Thompson, Mr.
Jackson, Ms. Norton, Mr. Frost, Mr. Nadler, and Mr. Waxman.
H. Res. 361: Mr. Duncan.
para.18.18 petitions, etc.
Under clause 1 of rule XXII,
62. The SPEAKER presented a petition of the Council of the
District of Columbia, relative to Council Resolution 11-207,
``Transfer of Jurisdiction over a Portion of Independence
Avenue, S.W., S.O. 85-96 Resolution of 1996''; which was
referred to the Committee on Government Reform and Oversight.
.
WEDNESDAY, FEBRUARY 28, 1996 (19)
The House was called to order by the SPEAKER.
para.19.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, February 27, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.19.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2137. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Secretary's
certification that the Republic of Belarus, the Republic of
Kazakstan, the Russian Federation, and Ukraine are committed
to the courses of action described in section 1203(d) of the
Cooperative Threat Reduction Act of 1993 (title XII of Public
Law 103-160), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-
484), and section 502 of the FREEDOM Support Act (Public Law
102-511); to the Committee on International Relations.
2138. A letter from the Director, Office of Management and
Budget, transmitting a report entitled ``Statistical Programs
of the United States Government: Fiscal Year 1996,'' pursuant
to 44 U.S.C. 3504(e)(2); to the Committee on Government
Reform and Oversight.
2139. A letter from the Secretary of Labor, transmitting
the annual report under the Federal Managers' Financial
Integrity Act for 1995, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Reform and Oversight.
2140. A letter from the Secretary of Transportation,
transmitting the Secretary's management report on management
decisions and final actions on Office of Inspector General
audit recommendations, for the period ending September 30,
1995, pursuant to Public Law 101-576, section 306(a) (104
Stat. 2854); to the Committee on Government Reform and
Oversight.
2141. A letter from the Secretary of Commerce, transmitting
the Department's reports entitled ``Fisheries of the United
States'' and ``Our Living Oceans,'' pursuant to 16 U.S.C.
742d; to the Committee on Resources.
2142. A letter from the Fiscal Assistant Secretary,
Department of the Treasury, transmitting the Department's
December 1995 issue of the ``Treasury Bulletin,'' pursuant to
26 U.S.C. 9602; to the Committee on Ways and Means.
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 497. The Committee on Resources discharged from
further consideration. Referred to the Committee of the Whole
House on the State of the Union.
para.19.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed
[[Page 316]]
with amendments a bill of the House of the following title:
H.R. 2036. An Act to amend the Solid Waste Disposal Act to
make certain adjustments in the land disposal program to
provide needed flexibility, and for other purposes.
para.19.4 committees and subcommittees to sit
On motion of Mr. SOLOMON, by unanimous consent, the following
committees and their subcommittees were granted permission to sit during
the 5-minute rule today: the Committee on Banking and Financial
Services, the Committee on Commerce, the Committee on Government Reform
and Oversight, the Committee on International Relations, the Committee
on the Judiciary, the Committee on National Security, the Committee on
Resources, the Committee on Science, the Committee on Small Business,
the Committee on Transportation and Infrastructure, and the Committee on
Veterans' Affairs.
para.19.5 authorizing the speaker to declare recesses
On motion of Mr. SOLOMON, by unanimous consent, the resolution (H.
Res. 352) authorizing the Speaker to declare recesses subject to the
call of the Chair from February 2 through February 26, was laid on the
table.
para.19.6 providing for consideration of h.r. 2677
On motion of Mr. SOLOMON, by unanimous consent, the resolution (H.
Res. 323) providing for the consideration of the bill (H.R. 2677) to
require the Secretary of the Interior to accept from a State donations
of services of State employees to perform, in a period of Government
budgetary shutdown, otherwise authorized functions in any unit of the
National Wildlife Refuge System or the National Park System, was laid on
the table.
para.19.7 providing for the consideration of h.r. 2854
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 366):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 2854) to modify the operation of certain
agricultural programs. The first reading of the bill shall be
dispensed with. All points of order against consideration of
the bill are waived. General debate shall be confined to the
bill and the amendments made in order by this resolution and
shall not exceed two hours equally divided and controlled by
the chairman and ranking minority member of the Committee on
Agriculture. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on
Agriculture now printed in the bill. The committee amendment
in the nature of a substitute shall be considered as read.
All points of order against the committee amendment in the
nature of a substitute are waived. Notwithstanding clause
5(c) of rule XXIII, no amendment to the committee amendment
in the nature of a substitute shall be in order except the
amendments specified in the report of the Committee on Rules
accompanying this resolution and amendments en bloc described
in section 2 of this resolution. Each amendment specified in
the report may be considered only in the order specified in
the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments made
in order to the committee amendment in the nature of a
substitute are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendment as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
Sec. 2. It shall be in order at any time for the chairman
of the Committee on Agriculture or his designee to offer
amendments en bloc consisting of amendments specified in the
report of the Committee on Rules accompanying this resolution
not earlier disposed of or germane modifications of any such
amendments. Amendments en bloc offered pursuant to this
section shall be considered as read (except that
modifications shall be reported), shall be debatable for
twenty minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on Agriculture
or their designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. For the
purpose of inclusion in such amendments en bloc, an amendment
printed in the form of a motion to strike may be modified to
the form of a germane perfecting amendment to the text
originally proposed to be stricken. The original proponent of
an amendment included in such amendments en bloc may insert a
statement in the Congressional Record immediately before the
disposition of the amendments en bloc.
When said resolution was considered.
After debate,
Mr. SOLOMON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. HALL of Ohio objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
182
para.19.8 [Roll No. 31]
YEAS--228
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Parker
Paxon
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Shadegg
Shaw
Shays
Shuster
Sisisky
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--182
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Eshoo
Evans
[[Page 317]]
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Skaggs
Skeen
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--21
Bryant (TN)
Bryant (TX)
Chapman
Collins (IL)
Dicks
Engel
Furse
Harman
Hastings (WA)
Jackson-Lee (TX)
McDade
McKinney
Myers
Neal
Oxley
Riggs
Rose
Rush
Seastrand
Stokes
Weldon (PA)
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. HALL of Ohio demanded a recorded vote on agreeing to said
resolution, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
244
<3-line {>
affirmative
Nays
168
para.19.9 [Roll No. 32]
AYES--244
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (MA)
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lowey
Lucas
Maloney
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torricelli
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--168
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Gejdenson
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Luther
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Scott
Sensenbrenner
Serrano
Skaggs
Skeen
Skelton
Slaughter
Spratt
Stark
Stenholm
Stockman
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--19
Brown (FL)
Bryant (TX)
Chapman
Collins (IL)
Dicks
Furse
Gephardt
Harman
Jackson-Lee (TX)
McKinney
Myers
Neal
Radanovich
Riggs
Rose
Roth
Rush
Stokes
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.19.10 committee resignation--minority
The SPEAKER pro tempore, Mr. KINGSTON, laid before the House the
following communication, which was read as follows:
Congress of the United States,
Washington, DC, February 28, 1996.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol, Washington DC.
Dear Mr. Speaker: I hereby resign from the House Committee
on Government Reform and Oversight.
Sincerely,
Gene Taylor,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.19.11 committee resignation--minority
The SPEAKER pro tempore, Mr. KINGSTON, laid before the House the
following communication, which was read as follows:
Congress of the United States,
Washington, DC, February 28, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives, House of
Representatives, Washington, DC.
Dear Mr. Speaker: I would like to inform you that I am
resigning from my committee assignment on the House
Agriculture Committee.
Thank you very much.
Sincerely,
Cynthia McKinney,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.19.12 committee elections--minority
Mr. FAZIO, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 367):
Resolved, That the following named Members be, and they are
hereby, elected to the following standing committees of the
House of Representatives:
[[Page 318]]
To the Committee on Transportation and Infrastructure, Tom
Sawyer of Ohio, Gene Taylor of Mississippi;
To the Committee on Science, Harold Volkmer of Missouri, to
rank directly below Mr. Brown of California; Bart Gordon of
Tennessee, to rank directly below Mr. Hall of Texas;
To the Committee on International Relations, Charlie Rose
of North Carolina, Pat Danner of Missouri;
To the Committee on Banking and Financial Services, Cynthia
McKinney of Georgia.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.19.13 notice requirement--motion to instruct conferees--h.r. 956
Mr. CONYERS, pursuant to clause 1(c) of rule XXVIII, announced his
intention to instruct the managers on the part of the House at the
conference with the Senate on the disagreeing votes of the two Houses on
the Senate amendment to the bill (H.R. 956) to establish legal standards
and procedures for product liability litigation, and for other purposes,
be instructed to insist upon the provisions contained in section 107 of
the House bill.
para.19.14 order of business--consideration of amendment-- h.r. 2854
On motion of Mr. VOLKMER, by unanimous consent,
Ordered, That the Volkmer amendment to the bill (H.R. 2854) to modify
the operation of certain agricultural programs, made in order for
consideration as the amendment numbered 4 in House Report No. 104-463 to
accompany House Resolution 366, be considered instead following
amendment numbered 7, the Solomon amendment.
para.19.15 agriculture market transition
The SPEAKER pro tempore, Mr. KINGSTON, pursuant to House Resolution
366 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 2854) to modify the operation of certain agricultural
programs.
The SPEAKER pro tempore, Mr. KINGSTON, by unanimous consent,
designated Mr. YOUNG of Florida as Chairman of the Committee of the
Whole; and after some time spent therein,
para.19.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CHABOT:
Page 48, after line 17, insert the following new
subsection:
(l) Early Termination for Cotton.--Notwithstanding
subsection (a)(1), marketing assistance loans and loan
deficiency payments under this section for upland cotton and
extra long staple cotton shall be available only for the
1996, 1997, and 1998 crops of upland cotton and extra long
staple cotton.
(m) Effect on Contract Payments of Marketing Loan Gains and
Loan Deficiency Payments for Upland Cotton.--If a producer
obtains a loan deficiency payment under subsection (e) with
respect to upland cotton or receives a marketing loan gain
under subsection (d) by reason of repaying a marketing
assistance loan for upland cotton at a rate that is less than
the loan rate established for upland cotton under subsection
(b) and the producer is entitled to payments under a
production flexibility contract, then the Secretary shall
deduct the total amount of the loan deficiency payment or
marketing loan gain from subsequent contract payments to be
made to the producer. The Secretary shall make the deduction
in equal installments over the remaining term of the
contract.
It was decided in the
Yeas
167
<3-line {>
negative
Nays
253
para.19.17 [Roll No. 33]
AYES--167
Ackerman
Allard
Andrews
Archer
Armey
Baker (CA)
Barr
Barrett (WI)
Bass
Becerra
Bereuter
Berman
Bilbray
Bilirakis
Blute
Borski
Brown (OH)
Brownback
Bunn
Buyer
Campbell
Cardin
Chabot
Christensen
Clay
Collins (MI)
Conyers
Cox
Coyne
Crane
Cremeans
Cunningham
Davis
DeFazio
DeLauro
DeLay
Deutsch
Doyle
Duncan
Ehrlich
Engel
English
Ensign
Eshoo
Fawell
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gejdenson
Goodling
Goss
Greenwood
Gutierrez
Hall (OH)
Hancock
Harman
Hinchey
Hobson
Hoekstra
Hoke
Hostettler
Jackson (IL)
Jacobs
Johnson, Sam
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
King
Klink
Klug
LaFalce
Lantos
Largent
Lazio
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manzullo
Martini
Mascara
McHale
McInnis
McIntosh
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Moran
Morella
Nadler
Neumann
Ney
Obey
Olver
Owens
Packard
Pallone
Paxon
Payne (NJ)
Petri
Porter
Portman
Pryce
Quinn
Ramstad
Reed
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Smith (NJ)
Smith (WA)
Souder
Stark
Stearns
Stockman
Studds
Stupak
Talent
Tate
Tiahrt
Torkildsen
Torres
Upton
Velazquez
Vento
Visclosky
Waldholtz
Wamp
Waters
Waxman
Weldon (PA)
White
Wolf
Yates
Young (FL)
Zeliff
Zimmer
NOES--253
Abercrombie
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bateman
Beilenson
Bentsen
Bevill
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bunning
Burr
Callahan
Calvert
Camp
Canady
Castle
Chambliss
Chapman
Chenoweth
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cramer
Crapo
Cubin
Danner
de la Garza
Deal
Dellums
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards
Ehlers
Emerson
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foley
Fowler
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Graham
Green
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kennelly
Kildee
Kim
Kingston
Kleczka
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Lucas
Manton
Martinez
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHugh
McKeon
Meek
Miller (CA)
Mink
Mollohan
Montgomery
Moorhead
Murtha
Myrick
Nethercutt
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Parker
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Quillen
Radanovich
Rahall
Rangel
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rose
Roth
Roybal-Allard
Sabo
Sanders
Sawyer
Schiff
Schroeder
Scott
Shadegg
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Solomon
Spence
Spratt
Stenholm
Stump
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torricelli
Towns
Traficant
Volkmer
Vucanovich
Walker
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Young (AK)
NOT VOTING--11
Bryant (TX)
Burton
Collins (IL)
Furse
Jackson-Lee (TX)
Livingston
Markey
McKinney
Myers
Neal
Stokes
So the amendment was not agreed to.
After some further time,
para.19.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SHAYS:
Page 51, strike lines 4 and 5, relating to the loan rate
for quota peanuts, and insert the following:
(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be as follows:
(A) $610 per ton for the 1996 crop.
(B) $550 per ton for the 1997 crop.
(C) $490 per ton for the 1998 crop.
(D) $430 per ton for the 1999 crop.
(E) $370 per ton for the 2000 crop.
[[Page 319]]
(F) $310 per ton for the 2001 crop.
Page 59, line 2, add at the end the following new sentence:
``Notwithstanding the loan rate actually in effect under
subsection (a)(2) or (b)(1), for purposes of this subsection,
the Secretary shall use a national average quota loan rate of
$610 per ton and the loan rate for additional peanuts that
corresponds to such national average quota loan rate.''.
Page 61, strike lines 16 and 17, relating to the effective
period of the peanut program, and insert the following:
(h) Crops.--Subsections (a) through (f) shall be effective
only for the 1996 through 2001 crops of peanuts. For the 2002
and subsequent crops of peanuts, the Secretary may not make
price support available, whether in the form of loans,
purchases, or other operations, to peanut producers by using
funds of the Commodity Credit Corporation or under the
authority of any law.
Page 61, beginning line 18 through line 10 on page 63,
strike ``2002'' all six places it appears and insert
``2001''.
It was decided in the
Yeas
209
<3-line {>
negative
Nays
212
para.19.19 [Roll No. 34]
AYES--209
Allard
Andrews
Archer
Armey
Baker (CA)
Baldacci
Barr
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Beilenson
Bereuter
Berman
Bilbray
Blute
Boehlert
Bono
Borski
Brown (OH)
Brownback
Bunn
Campbell
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Clement
Conyers
Cox
Coyne
Crane
Cremeans
Cunningham
Danner
Davis
DeFazio
DeLauro
Dellums
Deutsch
Doggett
Dooley
Doyle
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Eshoo
Fattah
Fawell
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Gejdenson
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goodling
Goss
Gutierrez
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hayworth
Hefley
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hutchinson
Hyde
Inglis
Jacobs
Johnson (CT)
Johnson, Sam
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kim
King
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
LaTourette
Lazio
Levin
Lewis (CA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manzullo
Markey
Martini
Mascara
McCarthy
McDade
McHale
McHugh
McInnis
McIntosh
McNulty
Meehan
Meyers
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Moorhead
Morella
Murtha
Nadler
Neumann
Ney
Obey
Olver
Orton
Packard
Pallone
Payne (NJ)
Pelosi
Petri
Porter
Portman
Pryce
Quinn
Ramstad
Reed
Regula
Riggs
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Skaggs
Slaughter
Smith (NJ)
Smith (WA)
Souder
Stark
Stockman
Studds
Talent
Tate
Thornton
Tiahrt
Torkildsen
Torres
Upton
Velazquez
Vento
Visclosky
Waldholtz
Wamp
Waters
Waxman
Weldon (PA)
White
Wolf
Yates
Zeliff
Zimmer
NOES--212
Abercrombie
Ackerman
Bachus
Baesler
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bateman
Bentsen
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chambliss
Chapman
Chenoweth
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cramer
Crapo
Cubin
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doolittle
Dornan
Durbin
Edwards
Ehlers
Emerson
Engel
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foley
Fowler
Frost
Funderburk
Ganske
Gephardt
Geren
Gonzalez
Goodlatte
Gordon
Graham
Green
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Herger
Hilleary
Hilliard
Houghton
Hoyer
Hunter
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kaptur
Kildee
Kingston
Kleczka
LaHood
Largent
Latham
Laughlin
Leach
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
Lucas
Manton
Martinez
Matsui
McCollum
McCrery
McDermott
McKeon
Meek
Metcalf
Mica
Mink
Mollohan
Montgomery
Moran
Myers
Myrick
Nethercutt
Norwood
Nussle
Oberstar
Ortiz
Owens
Oxley
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Quillen
Radanovich
Rahall
Rangel
Richardson
Roberts
Rogers
Rose
Sabo
Sanders
Schiff
Schroeder
Scott
Serrano
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Torricelli
Towns
Traficant
Volkmer
Vucanovich
Walker
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Young (FL)
NOT VOTING--10
Bryant (TX)
Collins (IL)
Furse
McKinney
Menendez
Neal
Solomon
Stokes
Wilson
Young (AK)
So the amendment was not agreed to.
After some further time,
para.19.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MILLER of Florida:
Strike section 107 (page 69, line 18, through page 77, line
14), and insert the following new section:
SEC. 107. RECOURSE LOANS FOR PROCESSORS OF SUGARCANE AND
SUGAR BEETS.
(a) Sugarcane Processor Loans.--
(1) In general.--The Secretary shall make recourse loans
available to processors of sugarcane on raw cane sugar
processed from the 1996 through 1999 crops of domestically
grown sugarcane.
(2) Loan rates.--Recourse loans under this subsection shall
be made at the following rates:
(A) In the case of raw cane sugar processed from 1996
crops, $0.165.
(B) In the case of raw cane sugar processed from the 1997
crop, $0.15.
(C) In the case of raw cane sugar processed from the 1998
crop, $0.135.
(D) In the case of raw cane sugar processed from the 1999
crop, $0.12.
(b) Sugar Beet Processor Loans.--
(1) In general.--The Secretary shall make recourse loans
available to processors of sugar beets on refined sugar
processed from the 1996 through 1999 crops of domestically
grown sugar beets.
(2) Loan rates.--Recourse loans under this subsection for
sugar refined from a crop of sugar beets shall be made at a
rate, per pound of refined sugar, that reflects--
(A) an amount that bears the same relation to the loan rate
I effect under subsection (a)(2) as the weighted average of
producer returns for sugar beets bears to the weighted
average of producer returns for sugarcane, expressed on a
cents per pound basis for refined beet sugar and raw cane
sugar, for the most recent five-year period for which data
are available; plus
(B) an amount that covers sugar beet processor fixed
marketing expenses.
(c) Conversion to Private Sector Financing.--No processor
of sugarcane or sugar beets of the 2000 and subsequent crops
shall be eligible for recourse loans under this section, and
the Secretary of Agriculture may not make price support
available, whether in the form of loans, payments, purchases,
or other operations, for the 2000 and subsequent crops of
sugar beets and sugarcane by using the funds of the Commodity
Credit Corporation or under the authority of any law.
(d) Administrative Rules.--
(1) National loan rates.--Recourse loans under this section
shall be made available at all locations nationally at the
rates specified in this section, without adjustment to
provide regional differentials.
(2) Length of loans.--Each recourse loan made under this
section shall be for a term of three months, and may be
extended for additional 3-month terms, except that--
(A) no loan may have a cumulative term in excess of nine
months or a term that extends beyond September 30 of the
fiscal year in which the loan is made; and
(B) a processor may terminate a loan and redeem the
collateral for the loan at any time by payment in full of
principal, interest, and fees then owing.
(e) Use of Commodity Credit Corporation.--The Secretary
shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this section.
(f) Marketing Assessment.--
(1) Sugarcane.--Effective for marketings of raw cane sugar
during the 1996 through 2003 fiscal years, the first
processor of sugarcane shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996, 1.1
percent of the loan rate established under subsection (a) per
pound of raw cane sugar, processed by the processor from
domestically produced sugarcane or sugarcane molasses, that
has been marketed (including the transfer or delivery of the
sugar to a refinery for further processing or marketing); and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.375 percent of the loan rate established
under subsection
[[Page 320]]
(a) per pound of raw cane sugar, processed by the processor
from domestically produced sugarcane or sugarcane molasses,
that has been marketed (including the transfer or delivery of
the sugar to a refinery for further processing or marketing).
(2) Sugar beets.--Effective for marketings of beet sugar
during the 1996 through 2003 fiscal years, the first
processor of sugar beets shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996,
1.1794 percent of the loan rate established under subsection
(a) per pound of beet sugar, processed by the processor from
domestically produced sugar beets or sugar beet molasses,
that has been marketed; and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.47425 percent of the loan rate
established under subsection (a) per pound of beet sugar,
processed by the processor from domestically produced sugar
beets or sugar beet molasses, that has been marketed.
(3) Collection.--
(A) Timing.--A marketing assessment required under this
subsection shall be collected on a monthly basis and shall be
remitted to the Commodity Credit Corporation not later than
30 days after the end of each month. Any cane sugar or beet
sugar processed during a fiscal year that has not been
marketed by September 30 of the year shall be subject to
assessment on that date. The sugar shall not be subject to a
second assessment at the time that it is marketed.
(B) Manner.--Subject to subparagraph (A), marketing
assessments shall be collected under this subsection in the
manner prescribed by the Secretary and shall be
nonrefundable.
(4) Penalities.--If any person fails to remit the
assessment required by this subsection or fails to comply
with such requirements for recordkeeping or otherwise as are
required by the Secretary to carry out this subsection, the
person shall be liable to the Secretary for a civil penalty
up to an amount determined by multiplying--
(A) the quantity of cane sugar or beet sugar involved in
the violation; by
(B) the loan rate for the applicable crop of sugarcane or
sugar beets.
(5) Enforcement.--The Secretary may enforce this subsection
in a court of the United States.
(6) Sense of congress.--It is the sense of Congress that,
given the prohibition on the provision of price support for
sugarcane and sugar beets for the 2000 and subsequent crops,
the need for the application of assessments under this
subsection with regard to such crops should be reexamined at
that time.
(g) Effect on Existing Loans for Sugar.--Section 206 of the
Agricultural Act of 1949 (7 U.S.C. 1446g), as in effect on
the day before the date of the enactment of this Act, shall
continue to apply with respect to nonrecourse loans made
under such section before such date.
(h) Conforming Amendments.--
(1) Power of commodity credit corporation.--Section 5(a) of
the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(a)) is amended by inserting ``(except for sugarcane and
sugar beets of the 2000 and subsequent crops)'' after
``agricultural commodities''.
(2) Section 32 activities.--The second sentence of the
first paragraph of section 32 of the Act of August 24, 1935
(7 U.S.C. 612c), is amended by inserting ``(other than
sugarcane and sugar beets)'' after ``commodity'' the last
place it appears.
(i) CCC Sales Price Restrictions.--The Commodity Credit
Corporation may sell for unrestricted use sugar surrendered
to the Corporation under loan programs provided for in
section 206 of the Agricultural Act of 1949 or this section
at such price as the Corporation determines appropriate to
maintain and expand export and domestic markets for sugar and
to avoid undue disruption of commercial sales of sugar.
(j) Assurance of Adequate Supplies of Sugar.--Subsection
(a) of section 902 of the Food Security Act of 1985 (Public
Law 99-198; 7 U.S.C. 1446g note) is amended to read as
follows:
``(a) Beginning with the quota year for sugar imports which
begins after the 1995/1996 quota year, the President and the
Secretary of Agriculture shall use all authorities available
to the President and the Secretary, as the case may be, to
ensure that adequate supplies of raw cane sugar are made
available to the United States market at prices no greater
than the higher of--
``(1) the word sugar price (adjusted to a delivered basis);
or
``(2) the raw cane sugar loan rate in effect under section
107(a) of the Agricultural Market Transition Act (plus
interest).''.
(k) Termination of Marketing Quotas and Allotments.--
(1) Termination.--Effective October 1, 1996, part VII of
subtitle B of title III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359aa-1359jj) is repealed.
(2) Conforming amendment.--Section 344(f)(2) of such Act (7
U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for
sugar; sugar beets for sugar;''.
(3) Application of amendment.--The amendment made by
paragraph (1) shall apply with respect to sugar marketed on
or after such date.
Yeas
208
It was decided in the
Nays
217
<3-line {>
negative
Answered present
1
para.19.21 [Roll No. 35]
AYES--208
Andrews
Archer
Armey
Baker (CA)
Barr
Barrett (WI)
Bartlett
Bass
Beilenson
Berman
Bilbray
Bilirakis
Blute
Boehlert
Borski
Boucher
Brown (OH)
Brownback
Bunn
Buyer
Callahan
Campbell
Cardin
Castle
Chabot
Chrysler
Clay
Clement
Coburn
Collins (GA)
Cox
Coyne
Crane
Cremeans
Danner
Davis
Deal
DeLauro
DeLay
Dickey
Doggett
Dornan
Doyle
Dreier
Duncan
Dunn
Ehrlich
Engel
English
Ensign
Eshoo
Fawell
Fields (TX)
Flake
Flanagan
Foglietta
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Gallegly
Gejdenson
Gekas
Gibbons
Gilchrest
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gutierrez
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hayworth
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jacobs
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kim
Kingston
Klink
Klug
Kolbe
LaFalce
Largent
LaTourette
Lazio
Leach
Lewis (GA)
Linder
Lipinski
LoBiondo
Longley
Lowey
Luther
Maloney
Manzullo
Markey
Martini
Mascara
McCarthy
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McNulty
Meehan
Meyers
Miller (CA)
Miller (FL)
Moakley
Molinari
Moorhead
Moran
Morella
Myers
Nadler
Neal
Neumann
Ney
Olver
Owens
Packard
Pallone
Paxon
Payne (NJ)
Petri
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Rangel
Reed
Regula
Riggs
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Souder
Spratt
Stark
Studds
Talent
Tate
Taylor (NC)
Thornton
Torkildsen
Towns
Upton
Velazquez
Visclosky
Waldholtz
Walker
Wamp
Waters
Waxman
Weldon (PA)
White
Wilson
Wolf
Yates
Young (FL)
Zeliff
Zimmer
NOES--217
Abercrombie
Ackerman
Allard
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barton
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bishop
Bliley
Boehner
Bonilla
Bonior
Bono
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Calvert
Camp
Canady
Chambliss
Chapman
Chenoweth
Christensen
Clayton
Clinger
Clyburn
Coble
Coleman
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cramer
Crapo
Cubin
Cunningham
de la Garza
DeFazio
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Durbin
Edwards
Ehlers
Emerson
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Filner
Foley
Ford
Frisa
Frost
Funderburk
Ganske
Gephardt
Geren
Gillmor
Gilman
Gonzalez
Green
Gunderson
Gutknecht
Hall (TX)
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hefley
Hefner
Heineman
Herger
Hilliard
Holden
Houghton
Hunter
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kaptur
Kildee
King
Kleczka
Knollenberg
LaHood
Lantos
Latham
Laughlin
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Livingston
Lofgren
Lucas
Manton
Martinez
Matsui
McCollum
McCrery
McKeon
Meek
Menendez
Metcalf
Mica
Minge
Mink
Montgomery
Murtha
Myrick
Nethercutt
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Parker
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Quillen
Rahall
Richardson
Rivers
Roberts
Roemer
Rogers
Rose
Roth
Rush
Sabo
Sanders
Schaefer
Schiff
Schroeder
Scott
Serrano
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torres
Torricelli
Traficant
Vento
Volkmer
Vucanovich
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Young (AK)
[[Page 321]]
ANSWERED ``PRESENT''--1
Sisisky
NOT VOTING--5
Collins (IL)
Furse
McKinney
Mollohan
Stokes
So the amendment was not agreed to.
After some further time,
para.19.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SOLOMON:
Strike title II (page 81, line 5, through page 118, line
17) and insert the following:
TITLE II--DAIRY
SEC. 201. MILK PRICE SUPPORT PROGRAM.
(a) Support Activities.--During the period beginning on the
date of the enactment of this Act and ending December 31,
2000, the Secretary of Agriculture shall support the price of
milk produced in the 48 contiguous States through the
purchase of cheese, butter, and nonfat dry milk produced from
the milk.
(b) Rate.--The price of milk shall be supported at the
following rates per hundredweight for milk containing 3.67
percent butterfat:
(1) During calendar year 1996, $10.15.
(2) During calendar year 1997, $10.05.
(3) During calendar year 1998, $9.95.
(4) During calendar year 1999, $9.85.
(5) During calendar year 2000, $9.75.
(c) Bid Prices.--The support purchase prices under this
section for each of the products of milk (butter, cheese, and
nonfat dry milk) announced by the Secretary shall be the same
for all of that product sold by persons offering to sell the
product to the Secretary. The purchase prices shall be
sufficient to enable plants of average efficiency to pay
producers, on average, a price that is not less than the rate
of price support for milk in effect under subsection (b).
(d) Special Rule for Butter and Nonfat Dry Milk.--
(1) Allocation of purchase prices.--The Secretary may
allocate the rate of price support between the purchase
prices for nonfat dry milk and butter in a manner that will
result in the lowest level of expenditures by the Commodity
Credit Corporation or achieve such other objectives as the
Secretary considers appropriate. The Secretary shall notify
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate of the allocation.
(2) Timing of purchase price adjustments.--The Secretary
may make any such adjustments in the purchase prices for
nonfat dry milk and butter the Secretary considers to be
necessary not more than twice in each calendar year.
(e) Refunds of 1995 and 1996 Assessments.--
(1) Refund required.--The Secretary shall provide for a
refund of the entire reduction required under section
204(h)(2) of the Agricultural Act of 1949 (7 U.S.C.
1446e(h)(2)), as in effect on the day before the date of the
enactment of this Act, in the price of milk received by a
producer during calendar year 1995 or 1996, if the producer
provides evidence that the producer did not increase
marketings in calendar year 1995 or 1996 when compared to
calendar year 1994 or 1995, respectively.
(2) Exception.--This subsection shall not apply with
respect to a producer for a particular calendar year if the
producer has already received a refund under section 204(h)
of the Agricultural Act of 1949 for the same fiscal year
before the date of the enactment of this Act.
(3) Treatment of refund.--A refund under this subsection
shall not be considered as any type of price support or
payment for purposes of sections 1211 and 1221 of the Food
Security Act of 1985 (16 U.S.C. 3811 and 3821).
(f) Commodity Credit Corporation.--The Secretary shall
carry out the program authorized by this section through the
Commodity Credit Corporation.
(g) Period of Effectiveness.--This section shall be
effective only during the period beginning on the date of the
enactment of this Act and ending on December 31, 2000. The
program authorized by this section shall terminate on
December 31, 2000, and shall be considered to have expired
notwithstanding section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
SEC. 202. CONSOLIDATION AND REFORM OF FEDERAL MILK MARKETING
ORDERS.
(a) Amendment of Orders.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall amend
Federal milk marketing orders issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of
1937, to--
(1) limit the number of Federal milk marketing orders to
between 10 and 14 orders; and
(2) provide for multiple basing points for the pricing of
milk.
(b) Expedited Process.--Using the rule making procedures
provided in section 553 of title 5, United States Code, the
Secretary shall--
(1) announce the amendments required under subsection (a)
not later than December 31, 1998; and
(2) implement the amendments not later than December 31,
2000.
(c) Funding.--Effective beginning January 1, 2001, the
Secretary shall not use any funds to administer more than 14
Federal milk marketing orders.
(d) Study Regarding Further Reforms.--Not later than
January 1, 1998, the Secretary of Agriculture shall submit to
Congress a report--
(1) reviewing the Federal milk marketing order system
established pursuant to section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, in light of
the reforms required by subsection (a); and
(2) containing such recommendations as the Secretary
considers appropriate for further improvements and reforms to
the Federal milk marketing order system.
SEC. 203. DAIRY EXPORT INCENTIVE PROGRAM.
(a) Duration.--Section 153(a) of the Food Security Act of
1985 (15 U.S.C. 713a-14) is amended by striking ``2001'' and
inserting ``2002''.
(b) Sole Discretion.--Section 153(b) of the Food Security
Act of 1985 is amended by inserting ``sole'' before
``discretion''.
(c) Elements of Program.--Section 153(c) of the Food
Security Act of 1985 is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States as a
member of the World Trade Organization is exported under the
program each year (minus the volume sold under section 1163
of the Food Security Act of 1985 (Public Law 99-198; 7 U.S.C.
1731 note) during that year), except to the extent that the
export of such a volume under the program would, in the
judgment of the Secretary, exceed the limitations on the
value set forth in subsection (f); and
``(4) payments may be made under the program for exports to
any destination in the world for the purpose of market
development, except a destination in a country with respect
to which shipments from the United States are otherwise
restricted by law.''.
(d) Market Development.--Section 153(e)(1) of the Food
Security Act of 1985 is amended--
(1) by striking ``and'' and inserting ``the''; and
(2) by inserting before the period the following: ``, and
any additional amount that may be required to assist in the
development of world markets for United States dairy
products''.
(e) Maximum Allowable Amounts.--Section 153 of the Food
Security Act of 1985 is amended by adding at the end the
following:
``(f) Required Funding.--
``(1) In general.--Except as provided in paragraph (2), the
Commodity Credit Corporation shall in each year use money and
commodities for the program under this section in the maximum
amount consistent with the obligations of the United States
as a member of the World Trade Organization, minus the amount
expended under section 1163 of the Food Security Act of 1985
(Public Law 99-198; 7 U.S.C. 1731 note) during that year.
``(2) Volume limitations.--The Commodity Credit Corporation
may not exceed the limitations specified in subsection (c)(3)
on the volume of allowable dairy product exports.''.
SEC. 204. EFFECT ON FLUID MILK STANDARDS IN THE STATE OF
CALIFORNIA.
Nothing in this Act or any other provision of law shall be
construed to preempt, prohibit or otherwise limit the
authority of the State of California, directly or indirectly,
to establish or continue in effect any law, regulation or
requirement regarding--
(1) the percentage of milk solids or solids not fat in
fluid milk products sold at retail or marketed in the State
of California; or
(2) the labeling of such fluid milk products with regard to
milk solids or solids not fat.
SEC. 205. REPEAL OF MILK MANUFACTURING MARKETING ADJUSTMENT.
Section 102 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 1446e-1) is repealed.
SEC. 206. PROMOTION.
(a) Congressional Purpose.--Section 1999B(a) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6401(a)) is amended--
(1) by redesignating paragraphs (6), (7) and (8) as
paragraphs (7), (8) and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) the congressional purpose underlying this subtitle is
to maintain and expand markets for fluid milk products, not
to maintain or expand any processor's share of those markets
and that the subtitle does not prohibit or restrict
individual advertising or promotion of fluid milk products
since the programs created and funded by this subtitle are
not intended to replace individual advertising and promotion
efforts;''.
(b) Congressional Policy.--Section 1999B(b) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6401(b)) is amended to
read as follows:
``(b) Policy.--It is declared to be the policy of Congress
that it is in the public interest to authorize the
establishment, through the exercise of powers provided in
this subtitle, of an orderly procedure for developing,
financing, through adequate assessments on fluid milk
products produced in the United States and carrying out an
effective, continuous, and coordinated program of promotion,
research, and consumer information designed
[[Page 322]]
to strengthen the position of the dairy industry in the
marketplace and maintain and expand domestic and foreign
markets and uses for fluid milk products, the purpose of
which is not to compete with or replace individual
advertising or promotion efforts designed to promote
individual brand name or trade name fluid milk products, but
rather to maintain and expand the markets for all fluid milk
products, with the goal and purpose of this subtitle being a
national governmental goal that authorizes and funds programs
that result in government speech promoting government
objectives.''.
(c) Research.--Section 1999C(6) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6402(6)) is amended to read as follows:
``(6) Research.--The term `research' means market research
to support advertising and promotion efforts, including
educational activities, research directed to product
characteristics, product development, including new products
or improved technology in production, manufacturing or
processing of milk and the products of milk.''.
(d) Voting.--(1) Section 1999N(b)(2) of the Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6413(b)(2)) is amended by
striking ``all processors'' and inserting ``fluid milk
processors voting in the referendum''.
(2) Section 1999O(c) of such Act (7 U.S.C. 6414(c)) is
amended by striking ``all processors'' each place it appears
and inserting ``fluid milk processors voting in the
referendum''.
(e) Duration.--Section 1999O(a) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6414(a)) is amended by striking
``1996'' and inserting ``2002''.
Yeas
258
It was decided in the
Nays
164
<3-line {>
affirmative
Answered present
1
para.19.23 [Roll No. 36]
AYES--258
Ackerman
Allard
Andrews
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barton
Bass
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Borski
Browder
Brown (FL)
Brown (OH)
Burr
Buyer
Callahan
Campbell
Canady
Cardin
Castle
Chabot
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Condit
Conyers
Cox
Coyne
Cramer
Crane
Cremeans
Cunningham
Davis
Deal
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Durbin
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gilman
Goodlatte
Goss
Graham
Gutierrez
Hall (OH)
Hamilton
Hancock
Harman
Hastert
Hastings (FL)
Hayes
Hefley
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Holden
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Jacobs
Jefferson
Johnson, Sam
Jones
Kanjorski
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Kingston
Klink
Knollenberg
LaFalce
Lantos
Largent
LaTourette
Lazio
Leach
Lewis (GA)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manzullo
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Moakley
Molinari
Moran
Morella
Murtha
Myrick
Nadler
Neal
Ney
Norwood
Olver
Ortiz
Owens
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Pickett
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rangel
Reed
Richardson
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (NJ)
Solomon
Souder
Spence
Spratt
Stearns
Stockman
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thurman
Tiahrt
Torkildsen
Torres
Towns
Velazquez
Visclosky
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--164
Abercrombie
Archer
Armey
Baesler
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bentsen
Bonilla
Bonior
Bono
Boucher
Brewster
Brown (CA)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burton
Calvert
Camp
Chambliss
Chapman
Chenoweth
Chrysler
Coburn
Coleman
Collins (MI)
Combest
Cooley
Costello
Crapo
Cubin
Danner
de la Garza
DeFazio
DeLay
Dickey
Dingell
Doolittle
Dunn
Edwards
Ehlers
Emerson
Ewing
Fawell
Filner
Ford
Frost
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gonzalez
Goodling
Gordon
Green
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayworth
Herger
Hobson
Hoekstra
Hoke
Horn
Hoyer
Hunter
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kildee
Kim
Kleczka
Klug
Kolbe
LaHood
Latham
Laughlin
Levin
Lewis (CA)
Lewis (KY)
Lipinski
Lucas
Luther
Manton
McCarthy
McDade
McKeon
Metcalf
Minge
Mink
Mollohan
Montgomery
Moorhead
Myers
Nethercutt
Neumann
Nussle
Oberstar
Obey
Orton
Oxley
Pastor
Pelosi
Peterson (MN)
Petri
Pombo
Pomeroy
Poshard
Rahall
Ramstad
Regula
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Royce
Sabo
Sanders
Sawyer
Schroeder
Sensenbrenner
Shadegg
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Stenholm
Stump
Stupak
Tanner
Tejeda
Thompson
Thornberry
Thornton
Torricelli
Traficant
Upton
Vento
Volkmer
Ward
Waters
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Young (AK)
ANSWERED ``PRESENT''--1
Riggs
NOT VOTING--8
Collins (IL)
Furse
Markey
McKinney
Rose
Stark
Stokes
Studds
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. YOUNG of Florida, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
para.19.24 hour of meeting
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 9
o'clock a.m. on Thursday, February 29, 1996.
para.19.25 order of business--consideration of amendment-- h.r. 2854
On motion of Mr. TRAFICANT, by unanimous consent,
Ordered, That during the consideration of the bill (H.R. 2854) to
modify the operation of certain agricultural programs, pursuant to House
Resolution 366, the following amendment may be offered in lieu of the
amendment numbered 15 printed in House Report 104-463:
At the end of title V, page 139, after line 17, add the
following section: Sense of the Congress regarding purchase
of American-made equipment and products requirement regarding
notice. Any purchase of American-made equipment and products
in the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
under this act or amendments made by this act, it is the
sense of Congress that persons receiving such assistance
should in expending the assistance purchase only American-
made equipment and products.
B, the notice to recipients of assistance in providing
financial assistance under this act or amendments made by
this act, the Secretary of Agriculture shall provide to each
recipient of the assistance a notice describing the statement
made in subsection A by the Congress.
para.19.26 foreign operations authorization
On motion of Mr. GILMAN, by unanimous consent, the bill (H.R. 1561) to
consolidate the foreign affairs agencies of the United States; to
authorize appropriations for the Department of State and related
agencies for fiscal years 1996 and 1997; to responsibly reduce the
authorizations of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes, with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. GILMAN, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent,
announced the appointment of
[[Page 323]]
Messrs. Gilman, Goodling, Hyde, Roth, Bereuter, Smith of New Jersey,
Burton of Indiana, Ms. Ros-Lehtinen, Messrs. Hamilton, Gejdenson,
Lantos, Torricelli, Berman, and Ackerman as managers on the part of the
House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.19.27 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that the
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2196. An Act to amend the Stevenson Wydler Technology
Innovation Act of 1980 with respect to inventions made under
cooperative research and development, and for other purposes.
para.19.28 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. JACKSON-LEE, for today before 5:40 p.m.; and
To Mr. MYERS, for today until 6 p.m..
And then,
para.19.29 adjournment
On motion of Mr. FIELDS of Louisiana, pursuant to the special order
heretofore agreed to, at 11 o'clock and 40 minutes p.m., the House
adjourned until 9 o'clock a.m. on Thursday, February 29, 1996.
para.19.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FIELDS of Texas (for himself, Mr. Porter, Mr.
Oxley, Mr. Moorhead, Mr. Schaefer, Mr. Barton of
Texas, Mr. Hastert, Mr. Gillmor, and Mr. Frisa):
H.R. 2979. A bill to ensure the financial self-sufficiency
of public broadcasting, and for other purposes; to the
Committee on Commerce.
By Mr. ROYCE:
H.R. 2980. A bill to amend title 18, United States Code,
with respect to stalking; to the Committee on the Judiciary.
By Mr. BAKER of Louisiana:
H.R. 2981. A bill to amend the Bank Holding Company Act of
1956 to provide investment opportunities for small bank
holding companies; to the Committee on Banking and Financial
Services.
By Mr. BEVILL:
H.R. 2982. A bill to direct the Secretary of the Interior
to convey the Carbon Hill National Fish Hatchery to the State
of Alabama; to the Committee on Resources.
By Mr. FOX:
H.R. 2983. A bill to amend the Internal Revenue Code of
1986 to restore the 10-percent investment credit; to the
Committee on Ways and Means.
By Mr. FOX (for himself, Mr. Bereuter, Mr. Dornan, and
Mr. Zimmer):
H.R. 2984. A bill to amend the Internal Revenue Code of
1986 to extend the research credit, to allow an alternative
incremental research credit, and for other purposes; to the
Committee on Ways and Means.
By Mr. FOX (for himself, Mrs. Johnson of Connecticut,
Ms. Molinari, Mr. Dornan, Ms. Jackson-Lee of Texas,
Mr. Stockman, Mr. Pomeroy, and Mrs. Kelly):
H.R. 2985. A bill to amend the Internal Revenue Code of
1986 to allow employers a credit for a portion of the
expenses of providing dependent care services to employees,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Appropriations, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LEACH (for himself, Mr. Bereuter, Mr. Schumer,
Mr. Bachus, Mrs. Maloney, Mr. Royce, Mrs. Kelly, Mr.
Heineman, and Mr. Watts of Oklahoma):
H.R. 2986. A bill to establish a criminal penalty for the
production, sale, transportation, or possession of fictitious
financial instruments purporting to be instruments issued by
a public or private entity, to require forfeiture of
counterfeit access devices, and for other purposes; to the
Committee on the Judiciary, and in addition to the Committee
on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MANTON:
H.R. 2987. A bill to declare a portion of Queens County,
NY, to be nonnavigable waters of the United States; to the
Committee on Transportation and Infrastructure.
By Mr. McKEON:
H.R. 2988. A bill to amend the Clean Air Act to provide
that traffic signal synchronization projects are exempt from
certain requirements of Environmental Protection Agency
rules; to the Committee on Commerce.
By Mr. SCHIFF (for himself, Mr. Richardson, and Mr.
Skeen):
H.R. 2989. A bill to redesignate the Jemez Canyon Dam as
the ``Tamaya Dam''; to the Committee on Transportation and
Infrastructure.
By Mr. SMITH of Michigan:
H.R. 2990. A bill to require congressional approval of
proposed rules considered by the Congress to be significant
rules; to the Committee on the Judiciary, and in addition to
the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. QUILLEN:
H.J. Res. 161. Joint resolution proposing an amendment to
the Constitution of the United States to secure the people's
right to acknowledge God according to the dictates of
conscience; to the Committee on the Judiciary.
By Mr. FAZIO of California:
H. Res. 367. Resolution designating minority membership on
certain standing committees of the House; considered and
agreed to.
para.19.31 memorials
Under clause 4 of rule XXII,
203. The SPEAKER presented a memorial of the Legislature of
the State of New Mexico, relative to land grant permanent
funds; to the Committee on Resources.
para.19.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 240: Mr. Frisa, Mr. Filner, and Ms. Lofgren.
H.R. 248: Mr. Moran.
H.R. 310: Mr. Porter.
H.R. 311: Mr. Porter.
H.R. 312: Mr. Zimmer.
H.R. 313: Mr. Porter.
H.R. 528: Mr. Hoyer.
H.R. 820: Mr. Thompson, Mr. Cunningham, Mr. Cox, Mr.
Regula, and Mr. Filner.
H.R. 833: Mrs. Kelly, Mr. Dooley, Mr. Dellums, Mr. Sabo,
Mr. Olver, Mr. Baldacci, and Mr. Vento.
H.R. 862: Mr. Barcia of Michigan.
H.R. 878: Mr. Bereuter, Mr. Clement, Mr. Klink, and Mr.
Traficant.
H.R. 892: Mr. Livingston, Mr. King, and Mr. DeLay.
H.R. 938: Mr. Cramer.
H.R. 941: Mr. Hastings of Florida.
H.R. 972: Mr. Minge.
H.R. 1023: Mr. McNulty and Mr. Thompson.
H.R. 1110: Mr. Camp.
H.R. 1305: Mr. Nadler.
H.R. 1404: Mr. Canady, Mr. Coleman, Mr. Thompson, and Ms.
Lofgren.
H.R. 1406: Mr. Ehlers, Mr. Ballenger, Ms. Rivers, Mr.
Stupak, Mr. Farr, Mr. Mollohan, and Mr. Ward.
H.R. 1424: Mr. Stockman.
H.R. 1462: Mr. Durbin and Mr. Quillen.
H.R. 1484: Mr. Tejeda.
H.R. 1496: Mr. Myers of Indiana and Mr. McDade.
H.R. 1514: Mr. Thornton, Mr. Castle, Mr. Studds, Ms.
Molinari, Mr. Stockman, Mr. Hastings of Washington, Mr.
Gutknecht, Mr. Goodling, Mr. Gekas, Mrs. Morella, Mr. Frazer,
Mr. Edwards, Mr. Brownback, Mr. Latham, Mr. Walsh, and Mr.
Tiahrt.
H.R. 1560: Mr. Thompson.
H.R. 1583: Mr. Kennedy of Massachusetts and Mr. Wynn.
H.R. 1619: Mr. Gilman and Mr. Quillen.
H.R. 1625: Mr. Barton of Texas and Mr. McCollum.
H.R. 1711: Mrs. Cubin, Mr. Neumann, Mr. King, Mr. Petri,
Mr. Rogers, Mr. Talent, Mr. Baker of California, and Mr.
Oxley.
H.R. 1791: Mr. Bunning of Kentucky.
H.R. 1863: Mr. Campbell and Mr. Jackson.
H.R. 1920: Mr. Gilman and Mr. Walsh.
H.R. 1946: Mr. Regula, Mr. Riggs, Mr. McCollum, Mr. Bunning
of Kentucky, Mr. Norwood, and Mr. Nussle.
H.R. 1963: Mr. Fazio of California.
H.R. 1965: Mr. Franks of Connecticut, Mr. Andrews, Mr.
Campbell, Mr. Oberstar, and Mr. LaFalce.
H.R. 1972: Mr. Calvert, Mr. Parker, Mr. Clement, Mr. King,
and Mr. Luther.
H.R. 1998: Mr. Linder and Mr. Jacobs.
H.R. 2024: Ms. Furse, Mr. Deal of Georgia, and Mr. Foley.
H.R. 2080: Mr. Sensenbrenner, Mr. Faleomavaega, Mr. Frost,
Mr. Manton, Mr. Towns, Mr. Ackerman, Mr. Pastor, and Mr.
Hastings of Florida.
H.R. 2098: Mr. Bono and Mr. Weldon of Florida.
H.R. 2137: Ms. Pryce.
H.R. 2138: Mr. Boehlert, Mr. Skeen, Mr. Lewis of Georgia,
Mr. Hutchinson, Mr. Frost, Ms. Eddie Bernice Johnson of
Texas, Mr. Richardson, Mr. Underwood, Mr. Gene Green of
Texas, Mr. Burr, Mr. Wynn, Mr. McCollum, Mr. Coleman, Mr.
Bevill, Mr. Lantos, Mr. Goodling, Mr. Thornton, Mr. Chrysler,
Mr. Thompson, Mr. Fields of Texas, Mr. Bryant of Texas, Mr.
Ney, Mr. Combest, Mr. Bentsen, Mr. Pete Geren of Texas, and
Mr. Bishop.
H.R. 2178: Mr. Markey, Mr. Kennedy of Massachusetts, Mr.
Traficant, and Ms. Norton.
H.R. 2200: Mr. Stearns, Mr. Everett, Mr. Ehrlich, Mr.
Wicker, Mr. Barr, and Mr. Dornan.
H.R. 2202: Mr. Chambliss, Mr. Bevill, Mr. Greenwood , Mr.
Obey, and Mr. Browder.
H.R. 2234: Mr. Gordon.
H.R. 2240: Mr. Boucher and Mr. Dellums.
H.R. 2333: Mr. Hancock, Mr. Linder, Mr. Ward, Mr. Lewis of
Georgia, Mr. Deal of
[[Page 324]]
Georgia, Ms. McKinney, Mr. Norwood, Mr. English of
Pennsylvania, Mr. Kingston, Mr. Kleczka, Mr. Barr and Mr.
Camp.
H.R. 2335: Mr. Rohrabacher, Mr. Condit, Mr. Solomon, Mr.
Coble, Mr. Everett, Mr. Bunning of Kentucky, Mr. Kanjorski,
Mr. Pickett, Mr. Lewis of Kentucky, Mr. Whitfield, and Mr.
Stearns.
H.R. 2391: Mr. Petri, Mr. McIntosh, and Mr. Graham.
H.R. 2411: Mr. Pomeroy.
H.R. 2433: Mr. Farr and Mr. Foglietta.
H.R. 2435: Mr. Fattah, Mr. Boucher, Mr. Thornberry, Mr.
Kolbe, Mr. Solomon, and Mr. Franks of Connecticut.
H.R. 2472: Mr. Foglietta, Mr. Romero-Barcelo, Mrs. Meek of
Florida, Mr. Luther, Mrs. Maloney, Mr. Borski, Mr. Waxman,
Mr. Kennedy of Rhode Island, and Mr. Gejdenson.
H.R. 2475: Mr. Pomeroy.
H.R. 2483: Mr. McCollum.
H.R. 2497: Mr. Barrett of Nebraska, Mr. Jacobs, Mr.
Christensen, Mr. Linder, Mr. Hayworth, Mr. Latham, Mr.
Rohrabacher, Mr. Roberts, and Mr. Herger.
H.R. 2508: Mr. Radanovich, Mr. Bilbray, Mr. Christensen,
Mr. Farr, Mr. Barcia of Michigan, Mr. Dickey, Mr. Heineman,
and Mr. Porter.
H.R. 2531: Mr. Castle and Mr. Goodlatte.
H.R. 2578: Mr. Waxman and Ms. Slaughter.
H.R. 2579: Mr. Doyle, Mr. Porter, Mr. Weldon of
Pennsylvania, Mrs. Collins of Illinois, Mr. Clyburn, Mrs.
Kennelly, Mr. Campbell, Mr. Leach, Mr. Ward, Mr. Bachus, Mr.
Wynn, Mr. Coburn, Mr. Metcalf, Mr. McHale, Mr. Studds, Mr.
Kingston, Ms. Kaptur, and Mr. Hoyer.
H.R. 2610: Mr. Portman and Mr. Bartlett of Maryland.
H.R. 2617: Mr. Holden.
H.R. 2650: Mr. Solomon.
H.R. 2651: Mrs. Collins of Illinois, Mr. Walsh, Mr. Hayes,
Mr. Foley, Mr. Kildee, Ms. Norton, and Mr. Vento.
H.R. 2652: Mr. Gutierrez, Mr. Kleczka, Mr. Durbin, Mr.
Hinchey, Mr. Borski, Mr. Evans, Ms. Norton, Mr. Costello, and
Mr. Minge.
H.R. 2655: Ms. Molinari and Mr. Payne of New Jersey.
H.R. 2697: Mr. Longley, Mr. Brown of California, Mr. Yates,
Mr. Doyle, and Mr. Berman.
H.R. 2740: Mr. Fields of Texas and Mr. Crane,
H.R. 2777: Mr. Stearns.
H.R. 2778: Mr. Chrysler, Mr. Baker of Louisiana, Mr. Inglis
of South Carolina, Mr. Cardin, Mr. Pastor, Mr. Manzullo, Mr.
McHale, Mr. Leach, Mr. Wicker, Mr. Chambliss, Mr.
Scarborough, Mr. Thomas, and Mr. Frelinghuysen.
H.R. 2807: Mr. de la Garza, Mr. Smith of New Jersey, Mr.
Serrano, Mr. Condit, and Mr. Stockman.
H.R. 2827: Mr. Leach, Mr. Frazer, Mrs. Schroeder, Mr.
Kildee, and Mr. Ney.
H.R. 2828: Mr. Quinn and Mr. Shadegg.
H.R. 2853: Mr. Ewing.
H.R. 2856: Mr. Smith of New Jersey and Mr. Franks of New
Jersey.
H.R. 2873: Mrs. Meek of Florida, Mr. Peterson of Florida,
Mr. Underwood, Mr. Frazer, and Mr. McDermott.
H.R. 2874: Mr. Gordon, Mr. Doyle, Mr. Stupak, Ms.
Slaughter, and Mrs. Schroeder.
H.R. 2875: Mrs. Kelly, Mr. Oberstar, Mr. Solomon, Mr. Fox,
and Ms. Norton.
H.R. 2896: Mr. Kim.
H.R. 2898: Mr. Hastings of Washington, Mr. Baker of
Louisiana, Mr. Ney, Mr. Chabot, and Mr. Herger.
H.R. 2912: Mr. Hastings of Florida and Mr. Underwood.
H.R. 2919: Mr. Traficant and Mr. Frazer.
H.R. 2937: Mrs. Meyers of Kansas, Mr. Horn, and Mr. English
of Pennsylvania.
H.R. 2951: Mr. Kennedy of Massachusetts, Ms. Lofgren, Mr.
Shays, Mr. Chabot, and Mr. Doyle.
H.R. 2959: Mr. Levin, Mr. Barrett of Wisconsin, Mr. Kolbe,
Mr. Torres, Mr. Rush, Mr. Clay, Mr. Bonior, and Mr. Pallone.
H.R. 2969: Mr. Christensen.
H.J. Res. 114: Mr. Frank of Massachusetts.
H. Con. Res. 51: Mr. Doyle.
H. Con. Res. 134: Mr. Crapo, Mr. Moorhead, Mr. Schaefer,
Mr. Lewis of Kentucky, and Mr. Myers of Indiana.
para.19.33 petitions,etc.
Under clause 1 of rule XXII,
63. The SPEAKER presented a petition of the Rensselaer
County Legislature, NY, relative to supporting legislation
which would require an auction of the spectrum to corporate
television networks; which was referred to the Committee on
Commerce.
.
THURSDAY, FEBRUARY 29, 1996 (20)
para.20.1 designation of speaker pro tempore
The House was called to order at 9 o'clock a.m. by the SPEAKER pro
tempore, Mr. McINNIS, who laid before the House the following
communication:
Washington, DC,
February 29, 1996.
I hereby designate the Honorable Scott McInnis to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.20.2 approval of the journal
The SPEAKER pro tempore, Mr. McINNIS, announced he had examined and
approved the Journal of the proceedings of Wednesday, February 29, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.20.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2143. A letter from the General Counsel of the Department
of Defense, transmitting a draft of proposed legislation to
authorize the transfer of naval vessels to certain foreign
countries; to the Committee on International Relations.
2144. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1995, pursuant to 5 U.S.C. 552(e); to the Committee on
Government Reform and Oversight.
2145. A letter from the Chairman, National Labor Relations
Board, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(C)(3); to the Committee on
Government Reform and Oversight.
2146. A letter from the Executive Secretary, National
Security Council, transmitting a report of activities under
the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
para.20.4 committees and subcommittees to sit
On motion of Mr. BARRETT of Nebraska, by unanimous consent, the
following committees and their subcommittees were granted permission to
sit today during the 5-minute rule: the Committee on Banking and
Financial Services, the Committee on Commerce, the Committee on Economic
and Educational Opportunities, the Committee on Government Reform and
Oversight, the Committee on International Relations, the Committee on
the Judiciary, the Committee on National Security, the Committee on
Resources, the Committee on Science, and the Committee on Transportation
and Infrastructure.
para.20.5 agriculture market transition
The SPEAKER pro tempore, Mr. McINNIS, pursuant to House Resolution 366
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2854) to modify the operation of certain agricultural
programs.
Mr. HANSEN, Acting Chairman, assumed the chair; and after some time
spent therein,
para.20.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BOEHLERT:
Strike title III (page 118, line 18, through page 128, line
12) and insert the following:
TITLE III--CONSERVATION
SEC. 301. CONSERVATION.
(a) Funding.--Subtitle E of title XII of the Food Security
Act of 1985 (16 U.S.C. 3841 et seq.) is amended to read as
follows:
``Subtitle E--Funding
``SEC. 1241. FUNDING.
``(a) Mandatory Expenses.--For each of fiscal years 1996
through 2002, the Secretary shall use the funds of the
Commodity Credit Corporation to carry out the programs
authorized by--
``(1) subchapter B of chapter 1 of subtitle D (including
contracts extended by the Secretary pursuant to section 1437
of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 16 U.S.C. 3831 note));
``(2) subchapter C of chapter 1 of subtitle D; and
``(3) chapter 4 of subtitle D.
``(b) Environmental Quality Incentive Program.--For each of
fiscal years 1996 through 2002, $200,000,000 of the funds of
the Commodity Credit Corporation shall be available for
providing technical assistance, cost-sharing payments, and
incentive payments for practices authorized under the
environmental quality incentive program under chapter 4 of
subtitle D. At least 50 percent of the funds made available
under this subsection for a fiscal year shall be used to
provide technical assistance, cost-sharing payments, and
incentive payments under such chapter relating to livestock
production.''.
(b) Environmental Quality Incentive Program.--Subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et
seq.) is amended by adding at the end the following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVE PROGRAM
``SEC. 1240. DEFINITIONS.
``In this chapter and section 1241:
``(1) Land management practice.--The term `land management
practice' means a site-specific nutrient or manure
management, integrated pest management, irriga
[[Page 325]]
tion management, tillage or residue management, grazing
management, or other land management practice that the
Secretary determines is needed to protect, in the most cost
effective manner, water, soil, or related resources from
degradation.
``(2) Livestock.--The term `livestock' means mature
livestock, dairy cows, beef cattle, laying hens, turkeys,
swine, sheep, and such other animals as determined by the
Secretary.
``(3) Producer.--The term `producer' means a person who is
engaged in livestock or agricultural production (as defined
by the Secretary).
``(4) Structural practice.--The term `structural practice'
means--
``(A) the establishment of an animal waste management
facility, terrace, grassed waterway, contour grass strip,
filterstrip, tailwater pit, or other structural practice that
the Secretary determines is needed to protect, in the most
cost effective manner, water, soil, or related resources from
degradation; and
``(B) the capping of abandoned wells.
``SEC. 1240A. ESTABLISHMENT AND ADMINISTRATION OF
ENVIRONMENTAL QUALITY INCENTIVE PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 fiscal
years, the Secretary shall provide technical assistance,
cost-sharing payments, and incentive payments to producers
who enter into contracts with the Secretary, through an
environmental quality incentive program.
``(2) Eligible practices.--
``(A) Structural practices.--A producer who implements a
structural practice shall be eligible for technical
assistance or cost-sharing payments, or both.
``(B) Land management practices.--A producer who performs a
land management practice shall be eligible for technical
assistance or incentive payments, or both.
``(3) Eligible land.--Assistance under this chapter may be
provided with respect to land that is used for livestock or
agricultural production and on which a serious threat to
water, soil, or related resources exists, as determined by
the Secretary, by reason of the soil types, terrain,
climatic, soil, topographic, flood, or saline
characteristics, or other factors or natural hazards.
``(4) Selection criteria.--In providing technical
assistance, cost-sharing payments, and incentive payments to
producers in a region or watershed, the Secretary shall
consider--
``(A) the significance of the water, soil, and related
natural resource problems; and
``(B) the maximization of environmental benefits per dollar
expended.
``(b) Application and Term.
``(1) In general.--A contract between a producer and the
Secretary under this chapter may--
``(A) apply to 1 or more structural practices or 1 or more
land management practices, or both; and
``(B) have a term of not less than 5, nor more than 10,
years, as determined appropriate by the Secretary, depending
on the practice or practices that are the basis of the
contract.
``(2) Duties of producers and secretary.--To receive cost-
sharing or incentive payments, or technical assistance,
participating producers shall comply with all terms and
conditions of the contract and a plan, as established by the
Secretary.
``(c) Structural Practices.--
``(1) Competitive offer.--The Secretary shall administer a
competitive offer system for producers proposing to receive
cost-sharing payments in exchange for the implementation of 1
or more structural practices by the producer. The competitive
offer system shall consist of--
``(A) the submission of a competitive offer by the producer
in such manner as the Secretary may prescribe; and
``(B) evaluation of the offer in light of the selection
criteria established under subsection (a)(4) and the
projected cost of the proposal, as determined by the
Secretary.
``(2) Concurrence of owner.--If the producer making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the producer shall obtain the concurrence of the
owner of the land with respect to the offer.
``(d) Land Management Practices.--The Secretary shall
establish an application and evaluation process for awarding
technical assistance or incentive payments, or both, to a
producer in exchange for the performance of 1 or more land
management practices by the producer.
``(e) Cost-Sharing, Incentive Payments, and Technical
Assistance.--
``(1) Cost-sharing payments.--
``(A) In general.--The Federal share of cost-sharing
payments to a producer proposing to implement 1 or more
structural practices shall not be greater than 75 percent of
the projected cost of each practice, as determined by the
Secretary, taking into consideration any payment received by
the producer from a State or local government.
``(B) Other payments.--A producer shall not be eligible for
cost-sharing payments for structural practices on eligible
land under this chapter if the producer receives cost-sharing
payments or other benefits for the same land under chapter 1,
2, or 3.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by
the Secretary to be necessary to encourage a producer to
perform 1 or more land management practices.
``(3) Technical assistance.--
``(A) Funding.--The Secretary shall allocate funding under
this chapter for the provision of technical assistance with
respect to non-Federal lands according to the purpose and
projected cost for which the technical assistance is provided
for a fiscal year. The allocated amount may vary according to
the type of expertise required, quantity of time involved,
and other factors as determined appropriate by the Secretary.
Funding shall not exceed the projected cost to the Secretary
of the technical assistance provided for a fiscal year.
``(B) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the
eligibility of the producer to receive technical assistance
under other authorities of law available to the Secretary.
``(C) Private sources.--The Secretary shall ensure that the
process of writing and developing proposals and plans for
contracts under this chapter, and of assisting in the
implementation of structural practices and land management
practices covered by the contracts, are open to individuals
in agribusiness, including agricultural producers,
representatives from agricultural cooperatives, agricultural
input retail dealers, and certified crop advisers. The
requirements of this subparagraph shall also apply to any
other Department program using incentive payments, technical
assistance, or cost-share payments and to pilot project
programs of the Department that require plans.
``(f) Limitation on Payments.--
``(1) In general.--The total amount of cost-sharing and
incentive payments paid to a person under this chapter may
not exceed--
``(A) $10,000 for any fiscal year; or
``(B) $50,000 for any multiyear contract.
``(2) Exception to annual limit.--The Secretary may exceed
the limitation on the annual amount of a payment under
paragraph (1)(A) on a case-by-case basis if the Secretary
determines that a larger payment is essential to accomplish
the land management practice or structural practice for which
the payment is made.
``(3) Regulations.--The Secretary shall issue regulations
that are consistent with section 1001 for the purpose of--
``(A) defining the term `person' as used in paragraph (1);
and
``(B) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitations established under this subsection.
``(g) Regulations.--Not later than 180 days after the
effective date of this subsection, the Secretary shall issue
regulations to implement the environmental quality incentive
program established under this chapter.''.
SEC. 302. WETLANDS RESERVE PROGRAM.
(a) Enrollment.--Section 1237 of the Food Security Act of
1985 (16 U.S.C. 3837) is amended by striking subsection (b)
and inserting the following:
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not exceed
975,000 acres.
``(2) Methods of enrollment.--The Secretary shall ensure,
to the maximum extent practicable, that of the total number
of acres enrolled in the wetlands reserve program--
``(A) one-third of the acres are enrolled through the use
of permanent easements;
``(B) one-third of the acres are enrolled through the use
of 30-year easements (or easements of a shorter period if
required under applicable State laws); and
``(C) one-third of the acres are enrolled through the use
of restoration cost-share agreements authorized under section
1237A(h).''.
``(3) Temporary emphasis on certain enrollment methods.--To
achieve the enrollment ratios specified in paragraph (2), the
Secretary shall endeavor, to the maximum extent practicable,
to rely on the enrollment methods described in subparagraphs
(B) and (C) of paragraph (2) to enroll lands in the wetlands
reserve program until such time as enrollments under each
such subparagraph accounts for approximately one-third of all
lands enrolled in the wetlands reserve.''
(b) Eligibility.--Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2000''
and inserting ``2002''.
(c) Easements and Restoration Cost-Share Agreements.--
Section 1237A of the Food Security Act of 1985 (16 U.S.C.
3837a) is amended--
(1) in the section heading, by inserting before the period
at the end the following: ``and restoration cost-share
agreements'';
(2) by striking subsection (c) and inserting the following:
``(c) Restoration Plans.--The development of a restoration
plan, including any compatible use, under this section shall
be made through the local Natural Resources Conservation
Service representative.'';
(3) in subsection (f), by striking the third sentence and
inserting the following: ``Compensation may be provided in
not less than 5, nor more than 30, annual payments of equal
or unequal size, as agreed to by the owner and the
Secretary.''; and
(4) by adding at the end the following:
``(h) Restoration Cost Share Agreements.--The Secretary may
enroll land in the wetland reserve program through agreements
that require the landowner to restore wetlands on the land,
if the agreement does not provide the Secretary with an
easement. Other than cost share and technical assistance
provided under section 1237C(b), the Secretary may not
provide compensation for an agreement under this
subsection.''.
[[Page 326]]
(d) Cost Share and Technical Assistance.--Section 1237C of
the Food Security Act of 1985 (16 U.S.C. 3837c) is amended by
striking subsection (b) and inserting the following:
``(b) Cost Share and Technical Assistance.--
``(1) Easements.--In the case of an easement entered into
during the 1996 through 2002 calendar years, in making cost
share payments under subsection (a)(1), the Secretary shall--
``(A) in the case of a permanent easement, pay the owner an
amount that is not less than 75 percent, but not more than
100 percent, of the eligible costs; and
``(B) in the case of a 30-year easement, pay the owner an
amount that is not less than 50 percent, but not more than 75
percent, of the eligible costs.
``(2) Restoration cost-share agreements.--In making cost
share payments in connection with a restoration cost-share
agreement entered into under section 1237(A)(h), the
Secretary shall pay the owner an amount that is not less than
50 percent, but not more than 75 percent, of the eligible
costs.
``(3) Technical assistance.--The Secretary shall provide
owners with technical assistance to assist owners in
complying with the terms of easements and restoration cost-
share agreements.''.
(e) Effect on Existing Easements.--The amendments made by
this section shall not affect the validity or terms of any
easements acquired by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before the
date of the enactment of this Act or any payments required to
be made in connection with such easements.
SEC. 303. ELIMINATION OF CONSULTATION REQUIREMENTS WITH
SECRETARY OF THE INTERIOR.
Section 1242 of the Food Security Act of 1985 (16 U.S.C.
3842) is amended--
(1) by striking ``(a)'' before ``In carrying out''; and
(2) by striking subsection (b).
SEC. 304. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
(a) Program Extensions.--Section 1230(a) of the Food
Security Act of 1985 (16 U.S.C. 3830(a)) is amended by
striking ``1995'' and inserting ``2002''.
(b) Conservation and Improvement of Wildlife Habitat.--Such
section is further amended by inserting ``and wildlife
habitat'' after ``soil and water resources''.
SEC. 305. CONSERVATION RESERVE PROGRAM.
(a) Program Extensions.--
(1) Conservation reserve program.--Section 1231 of the Act
(16 U.S.C. 3831) is amended in subsections (a) and (b)(3), by
striking ``1995'' each place it appears and inserting
``2002''.
(3) Duties of owners and operators.--Section 1232(c) of the
Act (16 U.S.C. 3832(c)) is amended by striking ``1995'' and
inserting ``2002''.
(b) Maximum Enrollment.--Section 1231(d) of the Food
Security Act of 1985 (16 U.S.C. 3831(d)) is amended striking
``total of'' and all that follows through the period at the
end of the subsection and inserting ``total of 36,400,000
acres during the 1986 through 2002 calendar years (including
contracts extended by the Secretary pursuant to section
1437(c) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (Public Law 101-624; 16 U.S.C. 3831 note).''.
(c) Optional Contract Termination by Producers.--Section
1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is
amended by adding at the end the following new subsection:
``(e) Termination by Owner or Operator.--
``(1) Early termination authorized.--The Secretary shall
allow an owner or operator of land that, on the date of the
enactment of the Agricultural Market Transition Act, is
covered by a contract that was entered into under this
subchapter at least five years before that date to terminate
the contract with respect to all or a portion of the covered
land. The owner or operator shall provide the Secretary with
reasonable notice of the termination request.
``(2) Certain lands excepted.--Notwithstanding paragraph
(1), the following lands shall not be subject to an early
termination of a contract under this subsection:
``(A) Filterstrips, waterways, strips adjacent to riparian
areas, windbreaks, and shelterbelts.
``(B) Land with an erodibility index of more than 15.
``(C) Other lands of high environmental value, as
determined by the Secretary.
``(3) Effective date.--The contract termination shall take
effect 60 days after the date on which the owner or operator
submits the notice under paragraph (1).
``(4) Prorated rental payment.--If a contract entered into
under this subchapter is terminated under this subsection
before the end of the fiscal year for which a rental payment
is due, the Secretary shall provide a prorated rental payment
covering the portion of the fiscal year during which the
contract was in effect.
``(5) Renewed enrollment.--The termination of a contract
entered into under this subchapter shall not affect the
ability of the owner or operator who requested the
termination to submit a subsequent bid to enroll the land
that was subject to the contract into the conservation
reserve.
``(6) Conservation requirements.--If land that was subject
to a contract is returned to production of an agricultural
commodity, the conservation requirements under subtitles B
and C shall apply to the use of the land to the extent that
the requirements are similar to those requirements imposed on
other similar lands in the area, except that the requirements
may not be more onerous that the requirements imposed on
other lands.''.
(d) Use of Unexpended Funds.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended by adding at
the end the following:
``(h) Use of Unexpended Funds from Contract Terminations.--
If a contract entered into under this section is terminated,
voluntarily or otherwise, before the expiration date
specified in the contract, the Secretary may use funds,
already available to the Secretary to cover payments under
the contract, but unexpended as a result of the contract
termination, to enroll other eligible lands in the
conservation reserve established under this subchapter.''.
(e) Fair Market Value Rental Rates.--
(1) In general.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended by adding at the end
the following new paragraph:
``(5) In the case of a contract covering land which has not
been previously enrolled in the conservation reserve, annual
rental payments under the contract may not exceed the average
fair market rental rate for comparable lands in the county in
which the lands are located. This paragraph shall not apply
to the extension of an existing contract.''.
(2) Application of amendment.--The amendment made by
paragraph (1) shall apply with respect to contracts for the
enrollment of lands in the conservation reserve program under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831)) entered into after the date of the enactment of this
Act.
(f) Enrollments in 1997.--Section 725 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1996 (Public Law 104-37; 109
Stat. 332), is amended by striking the proviso relating to
enrollment of new acres in 1997.
It was decided in the
Yeas
372
<3-line {>
affirmative
Nays
37
para.20.7 [Roll No. 37]
AYES--372
Abercrombie
Ackerman
Allard
Andrews
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Green
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Myrick
[[Page 327]]
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Waldholtz
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Zimmer
NOES--37
Archer
Armey
Baker (LA)
Barton
Chenoweth
Collins (GA)
Crane
DeLay
Farr
Goodling
Hancock
Hansen
Hayes
Herger
Hostettler
Hunter
Istook
Johnson, Sam
Kaptur
Lewis (CA)
Livingston
McDade
Miller (FL)
Neumann
Packard
Pombo
Radanovich
Rogers
Rohrabacher
Royce
Scarborough
Souder
Stump
Tauzin
Vucanovich
Walker
Young (FL)
NOT VOTING--22
Bryant (TX)
Burton
Callahan
Collins (IL)
Dingell
Dixon
Fattah
Furse
Gibbons
Graham
Greenwood
Kasich
Lazio
Maloney
McKinney
Moorhead
Rose
Sisisky
Stokes
Wilson
Young (AK)
Zeliff
So the amendment was agreed to.
After some further time,
para.20.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DOOLEY:
At the end of title V (page 139, after line 17), add the
following new section:
SEC. 507. COMPETITIVE RESEARCH GRANTS TO PROMOTE AGRICULTURAL
COMPETITIVENESS INITIATIVES.
(A) Purposes.--The competitive research grant program
established by this section has the following purposes:
(1) Enhancement of the competitiveness of the United States
agriculture industry in an increasingly competitive world
environment.
(2) Increasing the long-term productivity of the United
States agriculture and food industry while protecting the
natural resource base on which rural America and the United
States agricultural economy depend.
(3) Development of new uses and new products for
agricultural commodities, such as alternative fuels, and
development of new crops.
(4) Supporting agricultural research and extension to
promote economic opportunity in rural communities and to meet
the increasing demand for information and technology transfer
throughout the United States agriculture industry.
(5) Improvement of risk management in the United States
agriculture industry.
(6) Improvement in the safe production and processing of,
and adding of value to, United States food and fiber
resources using methods that are environmentally sound.
(7) Supporting higher education in agriculture to give the
next generation of Americans the knowledge, technology, and
applications necessary to enhance the competitiveness of
United States agriculture.
(8) Maintaining an adequate, nutritious, and safe supply of
food to meet human nutritional needs and requirements.
(b) Agriculutural Competitiveness Grants.--The Secretary of
Agriculture shall award grants to eligible grantees to
promote one or more of the purposes of the program.
(c) Eligible Grantee.--The Secretary may make a grant under
subsection (b) to--
(1) a college or university;
(2) a State agricultural experiment station;
(3) a State Cooperative Extension Service;
(4) a research institution or organization;
(5) a private organization or person; or
(6) a Federal agency.
(d) Use of Grant.--A grant made under subsection (b) may be
used by a grantee for one or more of the following uses:
(1) Research ranging from discovery to principles for
application.
(2) Extension and related private-sector activities.
(3) Education.
(e) Priority.--
(1) In general.--In administering this program, the
Secretary shall--
(A) establish priorities for allocating grants, based on
needs and opportunities of the food and agriculture system in
the United States;
(B) seek and accept proposals for grants;
(C) determine the relevance and merit of proposals through
a system of peer review; and
(D) award grants on the basis of merit and quality.
(2) Participation by scientific community.--In carrying out
subparagraphs (B) and (C) of paragraph (1), the Secretary
shall seek wide participation by qualified scientists and
extension and education specialists from colleges and
universities, State agricultural experiment stations and
State Cooperative Extension Services, the private sector, and
the Federal Government.
(f) Administration.--
(1) Competitive grant.--A grant under subsection (b) shall
be awarded on a competitive basis.
(2) Term.--A grant under subsection (b) shall have a term
that does not exceed 5 years.
(3) Advisory committees.--The Secretary may use an advisory
committee established independently of this program to assist
the Secretary in determining funding priorities under this
program.
(4) Matching funds.--
(A) In general.--The Secretary shall encourage the funding
of a grant under subsection (b) with equal matching funds
from a non-Federal source.
(B) Mandatory.--The Secretary shall require the funding of
a grant under subsection (b) with equal matching funds from a
non-Federal source if the grant is--
(i) for applied research that is commodity-specific; and
(ii) not of national scope.
(5) Administrative costs.--The Secretary may use not more
than 4 percent of the funds made available under subsection
(h) for administrative costs incurred by the Secretary in
carrying out this program.
(6) Construction costs.--None of the funds made available
under subsection (h) may be used for the construction of a
new building or the acquisition, expansion, remodeling, or
alteration of an existing building (including site grading
and improvement and architect fees).
(g) Regulations.--The Secretary shall issue such
regulations as are necessary to carry out this program.
(h) Availability of Funds for Grants.--
(1) Source of funds.--Of the amount made available under
section 102 of the Agricultural Act of 1949, as added by
section 1102 of this Act, for payments under market
transition contracts for the fiscal year 1996 through 2002,
$1,920,000,000 shall be used by the Secretary to make grants
under this section. The amounts specified in subsection (e)
of such section 102 shall be reduced by the Secretary by the
amount made available in this subsection.
(20 Fiscal year amounts.--Of the total amount specified in
subsection (a) for grants under this section, the Secretary
shall use $200,000,000 for fiscal year 1996, $220,000,000 for
fiscal year 1997, $250,000,000 for fiscal year 1998,
$250,000,000 for fiscal year 1999, $300,000,000 for fiscal
year 2000, $300,000,000 for fiscal year 2001, and
$400,000,000 for fiscal year 2002.
(3) Limitations.--The Secretary may use less than the
amount provided under subsection (b) for a fiscal year if the
Secretary determines that the full funding level is not
necessary to fund all qualifying applications for
agricultural competitiveness grants that satisfy the priority
criteria established under subsection (e).
It was decided in the
Yeas
163
<3-line {>
negative
Nays
260
para.20.9 [Roll No. 38]
AYES--163
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McDermott
McIntosh
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Moran
Murtha
Nadler
Neal
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sanders
Sawyer
Schroeder
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
[[Page 328]]
Stenholm
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Visclosky
Volkmer
Wamp
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOES--260
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Orton
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Upton
Vento
Vucanovich
Waldholtz
Walker
Walsh
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Collins (IL)
Cox
de la Garza
Furse
Gutierrez
McKinney
Moorhead
Stokes
So the amendment was not agreed to.
After some further time,
para.20.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FOLEY:
At the end of title V (page 139, after line 17), add the
following new section:
SEC. 507. EVERGLADES AGRICULTURAL AREA.
(a) In General.--On July 1, 1996, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide $210,000,000 to the Secretary of the
Interior to carry out this section.
(b) Entitlement.--The Secretary of the Interior--
(1) shall accept the funds made available under subsection
(a);
(2) shall be entitled to receive the funds; and
(3) shall use the funds to conduct restoration activities
in the Everglades ecosystem, which may include acquiring
private acreage in the Everglades Agricultural Area including
approximately 52,000 acres that is commonly known as the
``Talisman tract''.
(c) Transferring Funds.--The Secretary of the Interior may
transfer funds to the Army Corps of Engineers, the State of
Florida, or the South Florida Water Management District to
carry out subsection (b)(3).
(d) Deadline.--Not later than December 31, 1999, the
Secretary of the Interior shall utilize the funds for
restoration activities referred to in subsection (b)(3).
It was decided in the
Yeas
299
<3-line {>
affirmative
Nays
124
para.20.11 [Roll No. 39]
AYES--299
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Bartlett
Barton
Bass
Beilenson
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunning
Burr
Burton
Buyer
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Coleman
Collins (MI)
Conyers
Coyne
Cramer
Cremeans
Cunningham
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Frost
Ganske
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hefley
Hefner
Heineman
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
King
Kingston
Kleczka
Klug
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Mink
Molinari
Mollohan
Moran
Morella
Murtha
Myrick
Nadler
Neal
Ney
Norwood
Nussle
Olver
Orton
Owens
Pallone
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Richardson
Riggs
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roth
Roukema
Rush
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Studds
Stupak
Talent
Tate
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Upton
Vento
Volkmer
Waldholtz
Walsh
Wamp
Ward
Waters
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOES--124
Baker (LA)
Barr
Barrett (NE)
Barrett (WI)
Bateman
Bentsen
Bereuter
Brewster
Bryant (TN)
Bunn
Callahan
Calvert
Chambliss
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cubin
Danner
DeLay
Dingell
Doggett
Doolittle
Doyle
Dreier
Duncan
Emerson
Fawell
Filner
Ford
Frank (MA)
Franks (CT)
Funderburk
Gallegly
Gekas
Gunderson
Hall (TX)
Hancock
Hastings (WA)
Hayes
Hayworth
Herger
Hilleary
Hostettler
Hunter
Istook
Jacobs
Jefferson
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennedy (RI)
Kim
Klink
Knollenberg
Kolbe
Largent
Laughlin
Lewis (CA)
Lincoln
Livingston
Lucas
Luther
McCarthy
McCrery
McKeon
Minge
Montgomery
Moorhead
Myers
Nethercutt
Neumann
Oberstar
Obey
Ortiz
Oxley
Packard
Parker
Pastor
Petri
Pickett
Pombo
Poshard
Radanovich
Rogers
Rohrabacher
Roybal-Allard
Royce
Sabo
Sanford
Schroeder
Sensenbrenner
Serrano
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Stenholm
Stockman
Stump
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Traficant
Velazquez
Visclosky
Vucanovich
Walker
Watt (NC)
Watts (OK)
Young (AK)
Zeliff
[[Page 329]]
NOT VOTING--9
Becerra
Clyburn
Collins (IL)
de la Garza
Furse
McKinney
Moakley
Regula
Stokes
So the amendment was agreed to.
After some further time,
para.20.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. STENHOLM:
Page 30, strike lines 1 through 9 and insert the following
new subparagraphs:
(A) Soybeans.--The loan rate for a marketing assistance
loan for soybeans shall be not less than 85 percent of the
simple average price received by producers of soybeans, as
determined by the Secretary, during 3 years of the 5 previous
marketing years, excluding the years in which the average
price was the highest and the year in which the average price
was the lowest in the period.
(B) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rates for a marketing
assistance loan for sunflower seed, canola, rapeseed,
safflower, mustard seed, or flaxseed shall be not less than
85 percent of the simple average price received by producers
of such oilseed, as determined by the Secretary, during 3
years of the 5 previous marketing years, excluding the years
in which the average price was the highest and the year in
which the average price was the lowest in the period.
Strike section 109 (page 78, line 8, through page 80, line
15), relating to elimination of permanent price support
authority, and insert the following new section:
SEC. 109. SUSPENSION AND REPEAL OF PERMANENT AUTHORITIES.
(a) Agricultural Adjustment Act of 1938.--
(1) In general.--The following provisions of the
Agricultural Adjustment Act of 1938 shall not be applicable
to the 1996 through 2002 crops of any commodity:
(A) Parts II through V of subtitle B of title III (7 U.S.C.
1326-1351).
(B) Subsections (a) through (j) of section 358 (7 U.S.C.
1358).
(C) Subsections (a) through (h) of section 358a (7 U.S.C.
1358a).
(D) Subsections (a), (b), (d), and (e) of section 358d (7
U.S.C. 1359).
(E) Part VII of subtitle B of title III (7 U.S.C. 1359aa-
1359jj).
(F) In the case of peanuts, part I of subtitle C of title
III (7 U.S.C. 1361-1368).
(G) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(H) Subtitle D of title III (7 U.S.C. 1379a-1379j).
(I) Title IV (7 U.S.C. 1401-1407).
(2) Reports and records.--Effective only for the 1996
through 2002 crops of peanuts, the first sentence of section
373(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1373(a)) is amended by inserting before ``all brokers and
dealers in peanuts'' the following: ``all producers engaged
in the production of peanuts,''.
(b) Agricultural Act of 1949.--
(1) Suspensions.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 1996
through 2002 crops of any commodity:
(A) Section 101 (7 U.S.C. 1441).
(B) Section 103(a) (7 U.S.C. 1444(a)).
(C) Section 105 (7 U.S.C. 1444b).
(D) Section 107 (7 U.S.C. 1445a).
(E) Section 110 (7 U.S.C. 1445e).
(F) Section 112 (7 U.S.C. 1445g).
(G) Section 115 (7 U.S.C. 1445k).
(H) Title III (7 U.S.C. 1447-1449).
(I) Title IV (7 U.S.C. 1421-1433d), other than sections
404, 406, 412, 416, and 427 (7 U.S.C. 1424, 1426, 1429, 1431,
and 1433f).
(J) Title V (7 U.S.C. 1461-1469).
(K) Title VI (7 U.S.C. 1471-1471j).
(2) Repeals.--The following provisions of the Agricultural
Act of 1949 are repealed:
(A) Section 103B (7 U.S.C. 1444-2).
(B) Section 108B (7 U.S.C. 1445c-3).
(C) Section 113 (7 U.S.C. 1445h).
(D) Section 114(b) (7 U.S.C. 1445j(b)).
(E) Sections 202, 204, 205, 206, and 207 (7 U.S.C. 1446a,
1446e, 1446f, 1446g, and 1446h).
(F) Section 406 (7 U.S.C. 1426).
(C) Suspension of Certain Quota Provisions.--The joint
resolution entitled ``A joint resolution relating to corn and
wheat marketing quotas under the Agricultural Adjustment Act
of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330
and 1340), shall not be applicable to the crops of what
planted for harvest in the calendar years 1996 through 2002.
(d) Suspension of Parity Price Program for Milk.--Section
201(c) of the Agricultural Act of 1949 (7 U.S.C. 1446(c)) is
amended by striking ``section 204'' and inserting ``section
201 of the Agricultural Market Transition Act''.
At the end of title V (page 139, after line 17), add the
following new section:
SEC. 507. INVESTMENT FOR AGRICULTURE AND RURAL AMERICA.
Section 5 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714c) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Make available $3,500,000,000 for the following
purposes:
``(1) Conducting rural development activities pursuant to
existing rural development authorities.
``(2) Conducting conservation activities pursuant to
existing conservation authorities.
``(3) Conducting research, education, and extension
activities pursuant to existing research, education, and
extension authorities.''.
It was decided in the
Yeas
163
<3-line {>
negative
Nays
258
para.20.13 [Roll No. 40]
AYES--163
Abercrombie
Ackerman
Baesler
Baldacci
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Evans
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meek
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Rahall
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Volkmer
Ward
Waxman
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
NOES--258
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Molinari
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Pallone
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Upton
Visclosky
Vucanovich
Waldholtz
Walker
Walsh
[[Page 330]]
Wamp
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Wolf
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Collins (IL)
de la Garza
Farr
Fox
Furse
Hastings (FL)
Kennelly
McKinney
Rangel
Stokes
So the amendments en bloc were not agreed to.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, assumed the
Chair.
When Mr. YOUNG of Florida, Chairman, pursuant to House Resolution 366,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment reported from the Committee of the Whole House
on the state of the Union was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Agricultural Market Transition Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM
Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Production flexibility contracts.
Sec. 104. Nonrecourse marketing assistance loans and loan deficiency
payments.
Sec. 105. Payment limitations.
Sec. 106. Peanut program.
Sec. 107. Sugar program.
Sec. 108. Administration.
Sec. 109. Elimination of permanent price support authority.
Sec. 110. Effect of amendments.
TITLE II--DAIRY
Sec. 201. Milk price support program.
Sec. 202. Consolidation and reform of federal milk marketing orders.
Sec. 203. Dairy export incentive program.
Sec. 204. Effect on fluid milk standards in the State of California.
Sec. 205. Repeal of milk manufacturing marketing adjustment.
Sec. 206. Promotion.
TITLE III--CONSERVATION
Sec. 301. Conservation.
Sec. 302. Wetlands reserve program.
Sec. 303. Elimination of consultation requirements with Sectary of the
Interior.
Sec. 304. Environmental conservation acreage reserve program.
Sec. 305. Conservation reserve program.
TITLE IV--AGRICULTURAL PROMOTION AND EXPORT PROGRAMS
Subtitle A--Agricultural Promotion and Export Enhancement Programs
Sec. 401. Market promotion program.
Sec. 402. Export enhancement program.
Subtitle B--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
Sec. 411. Food aid to developing countries.
Sec. 412. Trade and development assistance.
Sec. 413. Agreements regarding eligible countries and private entities.
Sec. 414. Terms and conditions of sales.
Sec. 415. Use of local currency payment.
Sec. 416. Eligible organizations.
Sec. 417. Generation and use of foreign currencies.
Sec. 418. General levels of assistance under Public Law 480.
Sec. 419. Food aid consultative group.
Sec. 420. Support of nongovernmental organizations.
Sec. 421. Commodity determinations.
Sec. 422. General provisions.
Sec. 423. Agreements.
Sec. 424. Administrative provisions.
Sec. 425. Expiration date.
Sec. 426. Regulations.
Sec. 427. Independent evaluation of programs.
Sec. 428. Authorization of appropriations.
Sec. 429. Coordination of foreign assistance programs.
Sec. 430. Use of certain local currency.
Sec. 431. Level of assistance to farmer to farmer program.
Sec. 432. Food security commodity reserve.
Sec. 433. Food for progress program.
Subtitle C--Amendments to Agricultural Trade Act of 1978
Sec. 451. Agricultural export promotion stragegy.
Sec. 452. Export credits.
Sec. 453. Export program and food assistance transfer authority.
Sec. 454. Arrival certification.
Sec. 455. Regulations.
Sec. 456. Foreign agricultural service.
Sec. 457. Reports.
Subtitle D--Miscellaneous
Sec. 471. Reporting requirements relating to tobacco.
Sec. 472. Triggered export enhancement.
Sec. 473. Disposition of commodities to prevent waste.
Sec. 474. Debt-for-health-and-protection swap.
Sec. 475. Policy on expansion of international markets.
Sec. 476. Policy on maintenance and development of export markets.
Sec. 477. Policy on trade liberalization.
Sec. 478. Agricultural trade negotiations.
Sec. 479. Policy on unfair trade practices.
Sec. 480. Agricultural aid and trade missions.
Sec. 481. Annual reports by agricultural attaches.
Sec. 482. World livestock market price information.
Sec. 483. Orderly liquidation of stocks.
Sec. 484. Sales of extra long staple cotton.
Sec. 485. Regulations.
Sec. 486. Emerging markets.
Sec. 487. Implementation of commitments under Uruguay Round Agreements.
Sec. 488. Sense of Congress concerning multilateral disciplines on
credit guarantees.
Sec. 489. Foreign market development cooperator program.
Subtitle E--Dairy Exports
Sec. 491. Dairy export incentive program.
Sec. 492. Authority to assist in establishment and maintenance of
export trading company.
Sec. 493. Standby authority to indicate entity best suited to provide
international market development and export services.
Sec. 494. Study and report regarding potential impact of Urguay Round
on prices, income and government purchases.
Sec. 495. Promotion of United States dairy products in international
markets through dairy promotion program.
TITLE V--MISCELLANEOUS
Sec. 501. Crop insurance.
Sec. 502. Collection and use of agricultural quarantine and inspection
fees.
Sec. 503. Commodity Credit Corporation interest rate.
Sec. 504. Establishment of Office of Risk Management.
Sec. 505. Business Interruption Insurance Program.
Sec. 506. Continuation of options pilot program.
Sec. 507. Everglades agricultural area.
Sec. 508. Sense of Congress regarding purchase of American-made
equipment and products; requirement regarding notice.
TITLE VI--COMMISSION ON 21ST CENTURY PRODUCTION AGRICULTURE
Sec. 601. Establishment.
Sec. 602. Composition.
Sec. 603. Comprehensive review of past and future of production
agriculture.
Sec. 604. Reports.
Sec. 605. Powers.
Sec. 606. Commission procedures.
Sec. 607. Personnel matters.
Sec. 608. Termination of Commission.
TITLE VII--EXTENSION OF CERTAIN AUTHORITIES
Sec. 701. Extension of authority under Public Law 480.
Sec. 702. Extension of food for progress program.
TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM
SEC. 101. PURPOSE.
It is the purpose of this title--
(1) to authorize the use of binding production flexibility
contracts between the United States and agricultural
producers to support farming certainty and flexibility while
ensuring continued compliance with farm conservation
compliance plans and wetland protection requirements;
(2) to make nonrecourse marketing assistance loans and loan
deficiency available for certain crops;
(3) to improve the operation of farm programs for peanuts
and sugar; and
(4) to terminate price support authority under the
Agricultural Act of 1949.
SEC. 102. DEFINITIONS.
In this title:
(1) Considered planted.--The term ``considered planted''
means acreage that is considered planted under title V of the
Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) (as in
effect prior to the amendment made by section 109(b)(2)) and
such other acreage as the Secretary considers fair and
equitable.
(2) Contract.--The term ``contract'' means a production
flexibility contract entered into under section 103.
(3) Contract acreage.--The term ``contract acreage'' means
1 or more crop acreage bases established for contract
commodities under title V of the Agricultural Act of 1949 (as
in effect prior to the amendment made by section 109(b)(2))
that would have been in effect for the 1996 crop (but for the
amendment made by section 109(b)(2)).
(4) Contract commodity.--The term ``contract commodity''
means wheat, corn, grain sorghum, barley, oats, upland
cotton, and rice.
(5) Contract payment.--The term ``contract payment'' means
a payment made under section 103 pursuant to a contract.
(6) Department.--The term ``Department'' means the United
States Department of Agriculture.
(7) Farm program payment yield.--The term ``farm program
payment yield'' means the farm program payment yield
established for the 1995 crop of a contract commodity under
section 505 of the Agricultural Act of 1949 (as in effect
prior to the amendment
[[Page 331]]
made by section 109(b)(2)) The Secretary shall adjust the
farm program payment yield for the 1995 crop of a contract
commodity to account for any additional yield payments made
with respect to that crop under subsection (b)(2) of the
section.
(8) Loan commodity.--The term ``loan commodity'' means each
contract commodity, extra long staple cotton, and oilseeds.
(9) Oilseed.--The term ``oilseed'' means a crop of
soybeans, sunflower seed, rapeseed, canola, safflower,
flaxseed, mustard seed, or, if designated by the Secretary,
other oilseeds.
(10) Producer.--The term ``producer'' means an owner,
landlord, tenant, or sharecropper who shares in the risk of
producing a crop and who is entitled to share in the crop
available for marketing from the farm, or would have shared
had the crop been produced. In determining whether a grower
of hybrid seed is a producer, the Secretary shall not take
into consideration the existence of a hybrid seed contract.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(12) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(13) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
SEC. 103. PRODUCTION FLEXIBILITY CONTRACTS.
(a) Contracts Authorized.--
(1) Offer and terms.--Beginning as soon as practicable
after the date of the enactment of this title, the Secretary
shall offer to enter into a contract with an eligible owner
or operator described in paragraph (2) on a farm containing
eligible farmland. Under the terms of a contract, the owner
or operator shall agree, in exchange for annual contract
payments, to--
(A) comply with the conservation plan for the farm prepared
in accordance with section 1212 of the Food Security Act of
1985 (16 U.S.C. 3812);
(B) comply with wetland protection requirements applicable
to the farm under subtitle C of title XII of the Act (16
U.S.C. 3821 et seq.); and
(C) comply with the planting flexibility requirements of
subsection (j); and
(D) to use the land subject to the contract for
agricultural or related activities, but not for
nonagricultural commercial or industrial uses.
(2) Eligible owners and operators described.--The producers
and owners described in this paragraph shall be eligible to
enter into a contract:
(A) An owner of eligible farmland who assumes all of the
risk of producing a crop.
(B) An owner of eligible farmland who shares in the risk of
producing a crop.
(C) An operator of eligible farmland with a share-rent
lease of the eligible farmland, regardless of the length of
the lease, if the owner enters into the same contract.
(D) An operator of eligible farmland who cash rents the
eligible farmland under a lease expiring on or after
September 30, 2002, in which case the consent of the owner is
not required.
(E) An operator of eligible farmland who cash rents the
eligible farmland under a lease expiring before September 30,
2002, if the owner consents to the contract.
(F) An owner of eligible farmland who cash rents the
eligible farmland and the lease term expires before September
30, 2002, but only if the actual operator of the farm
declines to enter into a contract. In the case of an owner
covered by this subparagraph, contract payments shall not
begin under a contract until the fiscal year following the
fiscal year in which the lease held by the nonparticipating
operator expires.
(G) An owner or operator described in any preceding
subparagraph of this paragraph regardless of whether the
owner or operator purchased catastrophic risk protection for
a fall-planted 1996 crop under section 508(b) of the Federal
Crop Insurance Act (7 U.S.C. 1508(b)).
(3) Tenants and sharecroppers.--In carrying out this
section, the Secretary shall provide adequate safeguards to
protect the interests of tenants and sharecroppers.
(b) Elements.--
(1) Time for contracting.--
(A) Deadline.--Except as provided in subparagraph (B), the
Secretary may not enter into a contract after April 15, 1996.
(B) Conservation reserve lands.--
(i) In general.--At the beginning of each fiscal year, the
Secretary shall allow an eligible owner or operator on a farm
covered by a conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) that terminates after the date specified in
subparagraph (A) to enter into or expand a production
flexibility contract to cover the contract acreage of the
farm that was subject to the former conservation reserve
contract.
(ii) Amount.--Contract payments made for contract acreage
under this subparagraph shall be made at the rate and amount
applicable to the annual contract payment level for the
applicable crop.
(2) Duration of contract.--
(A) Beginning date.--A contract shall begin with--
(i) the 1996 crop of a contract commodity; or
(ii) in the case of acreage that was subject to a
conservation reserve contract described in paragraph (1)(B),
the date the production flexibility contract was entered into
or expanded to cover the acreage.
(B) Ending date.--A contract shall extend through the 2002
crop.
(3) Estimation of contract payments.--At the time the
Secretary enters into a contract, the Secretary shall provide
an estimate of the minimum contract payments anticipated to
be made during at least the first fiscal year for which
contract payments will be made.
(c) Eligible Farmland Described.--Land shall be considered
to be farmland eligible for coverage under a contract only if
the land has contract acreage attributable to the land and--
(1) for at least 1 of the 1991 through 1995 crops, at least
a portion of the land was enrolled in the acreage reduction
program authorized for a crop of a contract commodity under
section 101B, 103B, 105B, or 107B of the Agricultural Act of
1949 (as in effect prior to the amendment made by section
109(b)(2)) or was considered planted;
(2) was subject to a conservation reserve contract under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) whose term expired, or was voluntarily terminated, on
or after January 1, 1995; or
(3) is released from coverage under a conservation reserve
contract by the Secretary during the period beginning on
January 1, 1995, and ending on the date specified in
subsection (b)(1)(A).
(d) Time for Payment.--
(1) In general.--An annual contract payment shall be made
not later than September 30 of each of fiscal years 1996
through 2002.
(2) Advance payments.--
(A) Fiscal year 1996.--At the option of the owner or
operator, 50 percent of the contract payment for fiscal year
1996 shall be made not later than June 15, 1996.
(B) Subsequent fiscal years.--At the option of the owner or
operator for fiscal year 1997 and each subsequent fiscal
year, 50 percent of the annual contract payment shall be made
on December 15.
(e) Amounts Available for Contract Payments for Each Fiscal
Year.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, expend on a fiscal year basis the following
amounts to satisfy the obligations of the Secretary under all
contracts:
(A) For fiscal year 1996, $5,570,000,000.
(B) For fiscal year 1997, $5,385,000,000.
(C) For fiscal year 1998, $5,800,000,000.
(D) For fiscal year 1999, $5,603,000,000.
(E) For fiscal year 2000, $5,130,000,000.
(F) For fiscal year 2001, $4,130,000,000.
(G) For fiscal year 2002, $4,008,000,000.
(2) Allocation.--The amount made available for a fiscal
year under paragraph (1) shall be allocated as follows:
(A) For wheat, 26.26 percent.
(B) For corn, 46.22 percent.
(C) For grain sorghum, 5.11 percent.
(D) For barley, 2.16 percent.
(E) For oats, 0.15 percent.
(F) For upland cotton, 11.63 percent.
(G) For rice, 8.47 percent.
(3) Adjustment.--The Secretary shall adjust the amounts
allocated for each contract commodity under paragraph (2) for
a particular fiscal year by--
(A) adding an amount equal to the sum of all repayments of
deficiency payments received under section 114(a)(2) of the
Agricultural Act of 1949 (as in effect prior to the amendment
made by section 109(b)(2)) for the commodity;
(B) to the maximum extent practicable, adding an amount
equal to the sum of all contract payments withheld by the
Secretary, at the request of an owner or operator subject to
a contract, as an offset against repayments of deficiency
payments otherwise required under section 114(a)(2) of the
Act (as so in effect) for the commodity;
(C) adding an amount equal to the sum of all refunds of
contract payments received during the preceding fiscal year
under subsection (h) of this section for the commodity; and
(D) subtracting an amount equal to the amount, if any,
necessary during that fiscal year to satisfy payment
requirements for the commodity under sections 103B, 105B, or
107B of the Agricultural Act of 1949 (as in effect prior to
the amendment made by section 109(b)(2)) for the 1994 and
1995 crop years.
(4) Special adjustment to cover existing rice payment
requirements.--As soon as possible after the date of the
enactment of this Act, the Secretary shall determine the
amount, if any, necessary to satisfy remaining payment
requirements under section 101B of the Agricultural Act of
1949 (as in effect prior to the amendment made by section
109(b)(2)) for the 1994 and 1995 crops of rice. The total
amount determined under this paragraph shall be deducted, in
equal amounts each fiscal year, from the amount allocated for
rice under paragraph (2)(G) for fiscal years after the fiscal
year in which the final remaining payments are made for rice.
(f) Determination of Contract Payments.--
(1) Individual payment quantity of contract commodities.--
For each contract, the payment quantity of a contract
commodity for each fiscal year shall be equal to the product
of--
(A) 85 percent of the contract acreage; and
(B) the farm program payment yield.
(2) Annual payment quantity of contract commodities.--The
payment quantity of each contract commodity covered by all
contracts for each fiscal year shall equal the sum of the
amounts calculated under paragraph (1) for each individual
contract.
[[Page 332]]
(3) Annual payment rate.--The payment rate for a contract
commodity for each fiscal year shall be equal to--
(A) the amount made available under subsection (e) for the
contract commodity for the fiscal year; divided by
(B) the amount determined under paragraph (2) for the
fiscal year.
(4) Annual payment amount.--The amount to be paid under a
contract in effect for each fiscal year with respect to a
contract commodity shall be equal to the product of--
(A) the payment quantity determined under paragraph (1)
with respect to the contract; and
(B) the payment rate in effect under paragraph (3).
(5) Assignment of contract payments.--The provisions of
section 8(g) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(g)) (relating to assignment of payments)
shall apply to contract payments under this subsection. The
owner or operator making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as
the Secretary may require in the contract, of any assignment
made under this paragraph.
(6) Sharing of contract payments.--The Secretary shall
provide for the sharing of contract payments among the owners
and operators subject to the contract on a fair and equitable
basis.
(g) Payment Limitation.--Sections 1001 through 1001C of the
Food Security Act of 1985 (7 U.S.C. 1308 through 1308-3), as
amended by section 105, establish payment limitations on the
total amount of contract payments that may be made under
contracts during any fiscal year.
(h) Effect of Violation.--
(1) Termination of contract.--Except as provided in
paragraph (2), if an owner or operator subject to a contract
violates a requirement of the contract specified in
subparagraphs (A), (B), (C), or (D) of subsection (a)(1), the
Secretary shall terminate the contract with respect to the
owner or operator on each farm in which the owner or operator
has an interest. On the termination, the owner or operator
shall forfeit all rights to receive future contract payments
on each farm in which the owner or operator has an interest
and shall refund to the Secretary all contract payments
received by the owner or operator during the period of the
violation, together with interest on the contract payments as
determined by the Secretary.
(2) Refund or adjustment.--If the Secretary determines that
a violation does not warrant termination of the contract
under paragraph (1), the Secretary may require the owner or
operator subject to the contract--
(A) to refund to the Secretary that part of the contract
payments received by the owner or operator during the period
of the violation, together with interest on the contract
payments as determined by the Secretary; or
(B) to accept a reduction in the amount of future contract
payments that is proportionate to the severity of the
violation, as determined by the Secretary.
(3) Foreclosure.--An owner or operator subject to a
contract may not be required to make repayments to the
Secretary of amounts received under the contract if the
contract acreage has been foreclosed on and the Secretary
determines that forgiving the repayments is appropriate in
order to provide fair and equitable treatment. This paragraph
shall not void the responsibilities of such an owner or
operator under the contract if the owner or operator
continues or resumes operation, or control, of the contract
acreage. On the resumption of operation or control over the
contract acreage by the owner or operator, the provisions of
the contract in effect on the date of the foreclosure shall
apply.
(4) Review.--A determination of the Secretary under this
subsection shall be considered to be an adverse decision for
purposes of the availability of administrative review of the
determination.
(i) Transfer of Interest in Lands Subject to Contract.--
(1) Effect of transfer.--Except as provided in paragraph
(2), the transfer by an owner or operator subject to a
contract of the right and interest of the owner or operator
in the contract acreage shall result in the termination of
the contract with respect to the acreage, effective on the
date of the transfer, unless the transferee of the acreage
agrees with the Secretary to assume all obligations of the
contract. At the request of the transferee, the Secretary may
modify the contract if the modifications are consistent with
the objectives of this section as determined by the
Secretary. The Secretary shall carry out this paragraph in
such a manner as to ensure that the reconstitution of a farm
as part of the transfer of contract acreage results in no
additional outlays under this section.
(2) Exception.--If an owner or operator who is entitled to
a contract payment dies, becomes incompetent, or is otherwise
unable to receive the contract payment, the Secretary shall
make the payment, in accordance with regulations prescribed
by the Secretary.
(j) Planting Flexibility.--
(1) Permitted crops.--Subject to paragraph (2), any
commodity or crop may be planted on contract acreage on a
farm.
(2) Limitations.--
(A) Haying and grazing.--
(i) Time limitations.--Haying and grazing on land exceeding
15 percent of the contract acreage on a farm as provided in
clause (iii) shall be permitted, except during any
consecutive 5-month period between April 1 and October 31
that is determined by the State committee established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (6 U.S.C. 590h(b)) for a State. In the case of a natural
disaster, the Secretary may permit unlimited haying and
grazing on the contract acreage of a farm.
(ii) Contract commodities.--Contract acreage planted to a
contract commodity for harvest may be hayed or grazed at any
time without limitation.
(iii) Haying and grazing limitation on portion or contract
acreage.--Unlimited haying and grazing shall be permitted on
not more than 15 percent of the contract acreage on a farm.
(B) Alfalfa.--Alfalfa may be grown on contract acreage in
excess of the acreage limitation in subparagraph (A)(iii) and
without regard to the time limitation in subparagraph (A)(i),
except that each contract acre of alfalfa on a farm that is
harvested in excess of 15 percent of the total contract
acreage on the farm shall be ineligible for contract
payments.
(C) Fruits and vegetables.--
(i) In general.--The planting for harvest of fruits and
vegetables shall be prohibited on contract acreage, except in
any region in which there is a history of double-cropping, as
determined by the Secretary.
(ii) Unrestricted vegetables.--Notwithstanding clause (i),
lentils, mung beans, and dry peas may be planted for harvest
without limitation on contract acreage.
SEC. 104. NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN
DEFICIENCY PAYMENTS.
(a) Availability of Marketing Assistance Loans.--
(1) Nonrecourse loans available.--For each of the 1996
through 2002 crops of each loan commodity, the Secretary
shall make available to producers on a farm nonrecourse
marketing assistance loans for loan commodities produced on
the farm. The loans shall be made under terms and conditions
that are prescribed by the Secretary and at the loan rate
established under subsection (b) for the loan commodity.
(2) Eligible production.--The following production shall be
eligible for a marketing assistance loan under paragraph (1):
(A) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(B) In the case of a marketing assistance loan for extra
long staple cotton and oilseeds, any production.
(3) Recourse loans for high moisture feed grains.--
(A) Recourse loans available.--For each of the 1996 through
2002 crops of corn and grain sorghum, the Secretary shall
make available recourse loans, as determined by the
Secretary, to producers on a farm who--
(i) normally harvest all or a portion of their crop of corn
or grain sorghum in a high moisture state;
(ii) present--
(I) certified scale tickets from an inspected, certified
commercial scale, including licensed warehouses, feedlots,
feed mills, distilleries, or other similar entities approved
by the Secretary, pursuant to regulations issued by the
Secretary; or
(II) present field or other physical measurements of the
standing or stored crop in regions of the country, as
determined by the Secretary, that do not have certified
commercial scales from which certified scale tickets may be
obtained within reasonable proximity of harvest operation;
(iii) certify that they were the owners of the feed grain
at the time of delivery to, and that the quantity to be
placed under loan under this paragraph was in fact harvested
on the farm and delivered to, a feedlot, feed mill, or
commercial or on-farm high-moisture storage facility, or to
such facilities maintained by the users of corn and grain
sorghum in a high moisture state; and
(iv) comply with deadlines established by the Secretary for
harvesting the corn or grain sorghum and submit applications
for loans under this paragraph within deadlines established
by the Secretary.
(B) Eligibility of acquired feed grains.--Loans under this
paragraph shall be made on a quantity of corn or grain
sorghum of the same crop acquired by the producer equivalent
to a quantity determined by multiplying--
(i) the acreage of the corn or grain sorghum in a high
moisture state harvested on the producer's farm; by
(ii) the lower of the farm program payment yield or the
actual yield on a field, as determined by the Secretary, that
is similar to the field from which the corn or grain sorghum
was obtained.
(C) High moisture state defined.--In this paragraph, the
term ``high moisture state'' means corn or grain sorghum
having a moisture content in excess of Commodity Credit
Corporation standards for marketing assistance loans made by
the Secretary under paragraph (1).
(b) Loan Rates.--
(1) Wheat.--
(A) Loan rate.--Subject to subparagraph (B), the loan rate
for a marketing assistance loan under subsection (a)(1) for
wheat shall be--
(i) not less than 85 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of wheat, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not more than $2.58 per bushel.
[[Page 333]]
(B) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of wheat to total use for the marketing year will be--
(i) equal to or greater than 30 percent, the Secretary may
reduce the loan rate for wheat for the corresponding crop by
an amount not to exceed 10 percent in any year;
(ii) less than 30 percent but not less than 15 percent, the
Secretary may reduce the loan rate for wheat for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(iii) less than 15 percent, the Secretary may not reduce
the loan rate for wheat for the corresponding crop.
(C) No effect on future years.--Any reduction in the loan
rate for wheat under subparagraph (B) shall not be considered
in determining the loan rate for wheat for subsequent years.
(2) Feed grains.--
(A) Loan rate for corn.--Subject to subparagraph (B), the
loan rate for a marketing assistance loan under subsection
(a)(1) for corn shall be--
(i) not less than 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of corn, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not more than $1.89 per bushel.
(B) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of corn to total use for the marketing year will be--
(i) equal to or greater than 25 percent, the Secretary may
reduce the loan rate for corn for the corresponding crop by
an amount not to exceed 10 percent in any year;
(ii) less than 25 percent but not less than 12.5 percent,
the Secretary may reduce the loan rate for corn for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(iii) less than 12.5 percent the Secretary may not reduce
the loan rate for corn for the corresponding crop.
(C) No effect on future years.--Any reduction in the loan
rate for corn under subparagraph (B) shall not be considered
in determining the loan rate for corn for subsequent years.
(D) Other feed grains.--The loan rate for a marketing
assistance loan under subsection (a)(1) for grain sorghum,
barley, and oats, respectively, shall be established at such
level as the Secretary determines is fair and reasonable in
relation to the rate that loans are made available for corn,
taking into consideration the feeding value of the commodity
in relation to corn.
(3) Upland cotton.--
(A) Loan rate.--Subject to subparagraph (B), the loan rate
for a marketing assistance loan under subsection (a)(1) for
upland cotton shall be established by the Secretary at such
loan rate, per pound, as will reflect for the base quality of
upland cotton, as determined by the Secretary, at average
locations in the United States a rate that is not less than
the smaller of--
(i) 85 percent of the average price (weighted by market and
month) of the base quality of cotton as quoted in the
designated United States spot markets during 3 years of the
5-year period ending July 31 in the year in which the loan
rate is announced, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; or
(ii) 90 percent of the average, for the 15-week period
beginning July 1 of the year in which the loan rate is
announced, of the 5 lowest-priced growths of the growths
quoted for Middling 1\3/32\-inch cotton C.I.F. Northern
Europe (adjusted downward by the average difference during
the period April 15 through October 15 of the year in which
the loan is announced between the average Northern European
price quotation of such quality of cotton and the market
quotations in the designated United States spot markets for
the base quality of upland cotton), as determined by the
Secretary.
(B) Limitations.--The loan rate for a marketing assistance
loan for upland cotton shall not be less than $0.50 per pound
or more than $0.5192 per pound.
(4) Extra long staple cotton.--The loan rate for a
marketing assistance loan under subsection (a)(1) for extra
long staple cotton shall be--
(A) not less than 85 percent of the simple average price
received by producers of extra long staple cotton, as
determined by the Secretary, during 3 years of the 5 previous
marketing years, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; but
(B) not more than $0.7965 per pound.
(5) Rice.--The loan rate for a marketing assistance loan
under subsection (a)(1) for rice shall be $6.50 per
hundredweight.
(6) Oilseeds.--
(A) Soybeans.--The loan rate for a marketing assistance
loan under subsection (a)(1) for soybeans shall be $4.92 per
bushel.
(B) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rates for a marketing
assistance loan under subsection (a)(1) for sunflower seed,
canola, rapeseed, safflower, mustard seed, and flaxseed,
individually, shall be $0.087 per pound.
(C) Other oilseeds.--The loan rates for a marketing
assistance loan under subsection (a)(1) for other oilseeds
shall be established at such level as the Secretary
determines is fair and reasonable in relation to the loan
rate available for soybeans, except in no event shall the
rate for the oilseeds (other than cottonseed) be less than
the rate established for soybeans on a per-pound basis for
the same crop.
(c) Term of Loan.--In the case of each loan commodity
(other than upland cotton or extra long staple cotton), a
marketing assistance loan under subsection (a)(1) shall have
a term of 9 months beginning on the first day of the first
month after the month in which the loan is made. A marketing
assistance loan for upland cotton or extra long staple cotton
shall have a term of 10 months beginning on the first day of
the first month after the month in which the loan is made.
The Secretary may not extend the term of a marketing
assistance loan for any loan commodity.
(d) Repayment.--
(1) Repayment rates generally.--The Secretary shall permit
producers to repay a marketing assistance loan under
subsection (a)(1) for a loan commodity (other than extra long
staple cotton) at a level that is the lesser of--
(A) the loan rate established for the commodity under
subsection (b); or
(B) the prevailing world market price for the commodity
(adjusted to United States quality and location), as
determined by the Secretary.
(2) Additional repayment rates for wheat, feed grains, and
oilseeds.--In the case of a marketing assistance loan under
subsection (a)(1) for wheat, corn, grain sorghum, barley,
oats, or oilseeds, the Secretary shall also permit a producer
to repay the loan at such level as the Secretary determines
will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by
the Federal Government;
(C) minimize the cost incurred by the Federal Government in
storing the commodity; and
(D) allow the commodity produced in the United States to be
marketed freely and competitively, both domestically and
internationally.
(3) Repayment rates for extra long staple cotton.--
Repayment of a marketing assistance loan for extra long
staple cotton shall be at the loan rate established for the
commodity under subsection (b), plus interest (as determined
by the Secretary).
(4) Prevailing world market price.--For purposes of
paragraph (1) and subsection (f), the Secretary shall
prescribe by regulation--
(A) a formula to determine the prevailing world market
price for each loan commodity, adjusted to United States
quality and location; and
(B) a mechanism by which the Secretary shall announce
periodically the prevailing world market price for each loan
commodity.
(5) Adjustment of prevailing world market price for upland
cotton.--
(A) In general.--During the period ending July 31, 2003,
the prevailing world market price for upland cotton (adjusted
to United States quality and location) established under
paragraph (4) shall be further adjusted if--
(i) the adjusted prevailing world market price is less than
115 percent of the loan rate for upland cotton established
under subsection (b), as determined by the Secretary; and
(ii) the Friday through Thursday average price quotation
for the lowest-priced United States growth as quoted for
Middling (M) 1\3/32\-inch cotton delivered C.I.F. Northern
Europe is greater than the Friday through Thursday average
price of the 5 lowest-priced growths of upland cotton, as
quoted for Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe (referred to in this subsection as the
``Northern Europe price'').
(B) Further adjustment.--Except as provided in subparagraph
(C), the adjusted prevailing world market price for upland
cotton shall be further adjusted on the basis of some or all
of the following data, as available:
(i) The United States share of world exports.
(ii) The current level of cotton export sales and cotton
export shipments.
(iii) Other data determined by the Secretary to be relevant
in establishing an accurate prevailing world market price for
upland cotton (adjusted to United States quality and
location).
(C) Limitation on further adjustment.--The adjustment under
subparagraph (B) may not exceed the difference between--
(i) the Friday through Thursday average price for the
lowest-priced United States growth as quoted for Middling
1\3/32\-inch cotton delivered C.I.F. Northern Europe; and
(ii) the Northern Europe price.
(e) Loan Deficiency Payments.--
(1) Availability.--Except as provided in paragraph (4), the
Secretary may make loan deficiency payments available to
producers who, although eligible to obtain a marketing
assistance loan under subsection (a)(1) with respect to a
loan commodity, agree to forgo obtaining the loan for the
commodity in return for payments under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the loan payment rate determined under paragraph (3)
for the loan commodity; by
(B) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forgo obtaining the loan in return for payments
under this subsection.
[[Page 334]]
(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(A) the loan rate established under subsection (b) for the
loan commodity; exceeds
(B) the rate at which a loan for the commodity may be
repaid under subsection (d).
(4) Exception for extra long staple cotton.--This
subsection shall not apply with respect to extra long staple
cotton.
(f) Special Marketing Loan Provisions for Upland Cotton.--
(1) Cotton user marketing certificates.--
(A) Issuance.--Subject to subparagraph (D), during the
period ending July 31, 2003, the Secretary shall issue
marketing certificates or cash payments to domestic users and
exporters for documented purchases by domestic users and
sales for export by exporters made in the week following a
consecutive 4-week period in which--
(i) the Friday through Thursday average price quotation for
the lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern
Europe exceeds the Northern Europe price by more than 1.25
cents per pound; and
(ii) the prevailing world market price for upland cotton
(adjusted to United States quality and location) does not
exceed 130 percent of the loan rate for upland cotton
established under subsection (b).
(B) Value of certificates or payments.--The value of the
marketing certificates or cash payments shall be based on the
amount of the difference (reduced by 1.25 cents per pound) in
the prices during the 4th week of the consecutive 4-week
period multiplied by the quantity of upland cotton included
in the documented sales.
(C) Redemption, marketing, or exchange.--The Secretary
shall establish procedures to assist persons receiving
marketing certificates under this paragraph in the redemption
of certificates for cash, or in the marketing or exchange of
certificates for agricultural commodities owned by the
Commodity Credit Corporation, in such manner and at such
price levels as the Secretary determines will best effectuate
the purposes of the marketing certificates. Any price
restrictions that may otherwise apply to the disposition of
agricultural commodities by the Commodity Credit Corporation
shall not apply to the redemption of certificates under this
paragraph.
(D) Exception.--The Secretary shall not issue marketing
certificates or cash payments under subparagraph (A) if, for
the immediately preceding consecutive 10-week period, the
Friday through Thursday average price quotation for the
lowest priced United States growth, as quoted for Middling
(M) 1\3/32\-inch cotton, delivered C.I.F. Northern Europe,
adjusted for the value of any certificate issued under this
paragraph, exceeds the Northern Europe price by more than
1.25 cents per pound.
(E) Limitation on expenditures.--Total expenditures under
this paragraph shall not exceed $701,000,000 during fiscal
years 1996 through 2002.
(2) Special import quota.--
(A) Establishment.--The President shall carry out an import
quota program that provides that, during the period ending
July 31, 2003, whenever the Secretary determines and
announces that for any consecutive 10-week period, the Friday
through Thursday average price quotation for the lowest-
priced United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, adjusted
for the value of any certificates issued under paragraph (1),
exceeds the Northern Europe price by more than 1.25 cents per
pound, there shall immediately be in effect a special import
quota.
(B) Quantity.--The quota shall be equal to 1 week's
consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(C) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under subparagraph (A) and entered
into the United States not later than 180 days after the
date.
(D) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
subparagraph (A), except that a special quota period may not
be established under this paragraph if a quota period has
been established under subsection (g).
(E) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(F) Definition.--In this paragraph, the term ``special
import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(g) Limited Global Import Quota for Upland Cotton.--
(1) In general.--The President shall carry out an import
quota program that provides that whenever the Secretary
determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in
the designated spot markets for a month exceeded 130 percent
of the average price of such quality of cotton in the markets
for the preceding 36 months, notwithstanding any other
provision of law, there shall immediately be in effect a
limited global import quota subject to the following
conditions:
(A) Quantity.--The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding 12
months, the quantity of the quota next established under this
subsection shall be the smaller of 21 days of domestic mill
consumption calculated under subparagraph (A) or the quantity
required to increase the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity under a
limited global import quota shall be considered to be an in-
quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(D) Definitions.--In this subsection:
(i) Supply.--The term ``supply'' means, using the latest
official data of the Bureau of the Census, the Department of
Agriculture, and the Department of the Treasury--
(I) the carry-over of upland cotton at the beginning of the
marketing year (adjusted to 480-pound bales) in which the
quota is established;
(II) production of the current crop; and
(III) imports to the latest date available during the
marketing year.
(ii) Demand.--The term ``demand'' means--
(I) the average seasonally adjusted annual rate of domestic
mill consumption in the most recent 3 months for which data
are available; and
(II) the larger of--
(aa) average exports of upland cotton during the preceding
6 marketing years; or
(bb) cumulative exports of upland cotton plus outstanding
export sales for the marketing year in which the quota is
established.
(iii) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(E) Quota entry period.--When a quota is established under
this subsection, cotton may be entered under the quota during
the 90-day period beginning on the date the quota is
established by the Secretary.
(2) No overlap.--Notwithstanding paragraph (1), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(f)(2).
(h) Source of Loans.--
(1) In general.--The Secretary shall provide the loans
authorized by this section and the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) through the Commodity
Credit Corporation and other means available to the
Secretary.
(2) Processors.--Whenever any loan or surplus removal
operation for any agricultural commodity is carried out
through purchases from or loans or payments to processors,
the Secretary shall, to the extent practicable, obtain from
the processors such assurances as the Secretary considers
adequate that the producers of the commodity have received or
will receive maximum benefits from the loan or surplus
removal operation.
(i) Adjustments of Loans.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan levels for any commodity for
differences in grade, type, quality, location, and other
factors.
(2) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section or the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.).
(j) Personal Liability of Producers for Deficiencies.--
(1) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section or the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) unless the
loan was obtained through a fraudulent representation by the
producer.
(2) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
a producer to assume liability for--
(A) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(B) a failure to properly care for and preserve a
commodity; or
(C) a failure or refusal to deliver a commodity in
accordance with a program established under this section or
the Agricultural Adjustment Act of 1938.
(3) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
or the Agricultural Adjustment Act of 1938 a provision that
permits the Commodity Credit Corporation, on and after the
maturity of the loan, to acquire title to the unredeemed
collateral without obligation to pay for any
[[Page 335]]
market value that the collateral may have in excess of the
loan indebtedness.
(4) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets and
all prior recorded and unrecorded liens on the crops of
sugarcane and sugar beets from which the sugar was derived.
(k) Commodity Credit Corporation Sales Price
Restrictions.--
(1) In general.--The Commodity Credit Corporation may sell
any commodity owned or controlled by the Corporation at any
price that the Secretary determines will maximize returns to
the Corporation.
(2) Nonapplication of sales price restrictions.--Paragraph
(1) shall not apply to--
(A) a sale for a new or byproduct use;
(B) a sale of peanuts or oilseeds for the extraction of
oil;
(C) a sale for seed or feed if the sale will not
substantially impair any loan program;
(D) a sale of a commodity that has substantially
deteriorated in quality or as to which there is a danger of
loss or waste through deterioration or spoilage;
(E) a sale for the purpose of establishing a claim arising
out of a contract or against a person who has committed
fraud, misrepresentation, or other wrongful act with respect
to the commodity;
(F) a sale for export, as determined by the Corporation;
and
(G) a sale for other than a primary use.
(3) Presidential disaster areas.--
(A) In general.--Notwithstanding paragraph (1), on such
terms and conditions as the Secretary may consider in the
public interest, the Corporation may make available any
commodity or product owned or controlled by the Corporation
for use in relieving distress--
(i) in any area in the United States (including the Virgin
Islands) declared by the President to be an acute distress
area because of unemployment or other economic cause, if the
President finds that the use will not displace or interfere
with normal marketing of agricultural commodities; and
(ii) in connection with any major disaster determined by
the President to warrant assistance by the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(B) Costs.--Except on a reimbursable basis, the Corporation
shall not bear any costs in connection with making a
commodity available under subparagraph (A) beyond the cost of
the commodity to the Corporation incurred in--
(i) the storage of the commodity; and
(ii) the handling and transportation costs in making
delivery of the commodity to designated agencies at 1 or more
central locations in each State or other area.
(4) Efficient operations.--Paragraph (1) shall not apply to
the sale of a commodity the disposition of which is desirable
in the interest of the effective and efficient conduct of the
operations of the Corporation because of the small quantity
of the commodity involved, or because of the age, location,
or questionable continued storability of the commodity.
SEC. 105. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended by striking paragraphs (1)
through (4) and inserting the following:
``(1) Limitation on payments under production flexibility
contracts.--The total amount of contract payments made under
section 103 of the Agricultural Market Transition Act to a
person under 1 or more production flexibility contracts
entered into under the section during any fiscal year may not
exceed $40,000.
``(2) Limitation on marketing loan gains and loan
deficiency payments.--For each of the 1996 through 2002 crops
of loan commodities, the total amount of payments specified
in paragraph (3) that a person shall be entitled to receive
under section 104 of the Agricultural Market Transition Act
for one or more loan commodities may not exceed $75,000.
``(3) Description of payments subject to limitation.--The
payments referred to in paragraph (2) are the following:
``(A) Any gain realized by a producer from repaying a
marketing assistance loan for a crop of any loan commodity at
a lower level than the original loan rate established for the
loan commodity under section 104(b) of the Agricultural
Market Transition Act.
``(B) Any loan deficiency payment received for a loan
commodity under section 104(e) of the Act.
``(4) Definitions.--In this title, the terms `contract
payment' and `loan commodity' have the meaning given those
terms in section 102 of the Agricultural Market Transition
Act.''.
(b) Conforming Amendments.--
(1) Section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1) is amended--
(A) in subsection (a)(1), by striking ``under the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)''; and
(B) in subsection (b)(1), by striking ``under the
Agricultural Act of 1949''.
(2) Section 1001C(a) of the Act (7 U.S.C. 1308-3(a)) is
amended--
(A) by striking ``For each of the 1991 through 1997 crops,
any'' and inserting ``Any'';
(B) by striking ``production adjustment payments, price
support program loans, payments, or benefits made available
under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.),''
and inserting ``loans or payments made available under title
I of the Agricultural Market Transition Act,''; and
(C) by striking ``during the 1989 through 1997 crop
years''.
SEC. 106. PEANUT PROGRAM.
(a) Quota Peanuts.--
(1) Availability of loans.--The Secretary shall make
nonrecourse loans available to producers of quota peanuts.
(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be $610 per ton.
(3) Inspection, handling, or storage.--The loan amount may
not be reduced by the Secretary by any deductions for
inspection, handling, or storage.
(4) Location and other factors.--The Secretary may make
adjustments in the loan rate for quota peanuts for location
of peanuts and such other factors as are authorized by
section 104(i)(1).
(5) Offers from handlers.--In the case of any producer who
had an offer available from a handler to purchase quota
peanuts, for delivery within the same county or a contiguous
county, at a price equal to or greater than the applicable
quota support rate, the Secretary shall reduce the support
rate by 5 percent for the peanuts that were subject to the
offer.
(b) Additional Peanuts.--
(1) In general.--The Secretary shall make nonrecourse loans
available to producers of additional peanuts at such rates as
the Secretary finds appropriate, taking into consideration
the demand for peanut oil and peanut meal, expected prices of
other vegetable oils and protein meals, and the demand for
peanuts in foreign markets.
(2) Announcement.--The Secretary shall announce the loan
rate for additional peanuts of each crop not later than
February 15 preceding the marketing year for the crop for
which the loan rate is being determined.
(c) Area Marketing Associations.--
(1) Warehouse storage loans.--
(A) In general.--In carrying out subsections (a) and (b),
the Secretary shall make warehouse storage loans available in
each of the producing areas (described in section 1446.95 of
title 7 of the Code of Federal Regulations (January 1, 1989))
to a designated area marketing association of peanut
producers that is selected and approved by the Secretary and
that is operated primarily for the purpose of conducting the
loan activities. The Secretary may not make warehouse storage
loans available to any cooperative that is engaged in
operations or activities concerning peanuts other than those
operations and activities specified in this section and
section 358e of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a).
(B) Administrative and supervisory activities.--An area
marketing association shall be used in administrative and
supervisory activities relating to loans and marketing
activities under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(C) Association costs.--Loans made to the association under
this paragraph shall include such costs as the area marketing
association reasonably may incur in carrying out the
responsibilities, operations, and activities of the
association under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(2) Pools for quota and additional peanuts.--
(A) In general.--The Secretary shall require that each area
marketing association establish pools and maintain complete
and accurate records by area and segregation for quota
peanuts handled under loan and for additional peanuts placed
under loan, except that separate pools shall be established
for Valencia peanuts produced in New Mexico. Bright hull and
dark hull Valencia peanuts shall be considered as separate
types for the purpose of establishing the pools.
(B) Net gains.--Net gains on peanuts in each pool, unless
otherwise approved by the Secretary, shall be distributed
only to producers who placed peanuts in the pool and shall be
distributed in proportion to the value of the peanuts placed
in the pool by each producer. Net gains for peanuts in each
pool shall consist of the following:
(i) Quota peanuts.--For quota peanuts, the net gains over
and above the loan indebtedness and other costs or losses
incurred on peanuts placed in the pool.
(ii) Additional peanuts.--For additional peanuts, the net
gains over and above the loan indebtedness and other costs or
losses incurred on peanuts placed in the pool for additional
peanuts.
(d) Losses.--Losses in quota area pools shall be covered
using the following sources in the following order of
priority:
(1) Transfers from additional loan pools.--The proceeds due
any producer from any pool shall be reduced by the amount of
any loss that is incurred with respect to peanuts transferred
from an additional loan pool to a quota loan pool by the
producer under section 358-1(b)(8) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(8)).
(2) Other producers in same pool.--Further losses in an
area quota pool shall be offset by reducing the gain of any
producer in the pool by the amount of pool gains attributed
to the same producer from the sale of additional peanuts for
domestic and export edible use.
(3) Buy-back gains within area.--Further losses in an area
quota pool shall be offset by
[[Page 336]]
gains or profits attributable to sales of additional peanuts
in that area pursuant to the provisions of section
358e(g)(1)(A) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a(g)(1)(A)).
(4) Use of marketing assessments.--The Secretary shall use
funds collected under subsection (g) (except funds
attributable to handlers) to offset further losses in area
quota pools. The Secretary shall transfer to the Treasury
those funds collected under subsection (g) and available for
use under this subsection that the Secretary determines are
not required to cover losses in area quota pools.
(5) Cross compliance.--Further losses in area quota pools,
other than losses incurred as a result of transfers from
additional loan pools to quota loan pools under section 358-
1(b)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358-1(b)(8)), shall be offset by any gains or profits from
quota pools in other production areas (other than separate
type pools established under subsection (c)(2)(A) for
Valencia peanuts produced in New Mexico) in such manner as
the Secretary shall by regulation prescribe. If losses in
area quota pools have not been entirely offset through use of
the preceding sentence, then further losses shall be offset
by gains or profits attributable to sales of additional
peanuts in other areas pursuant to section 358e(g)(1)(A) of
such Act (7 U.S.C. 1359a(g)(1)(A)).
(6) Increased assessments.--If use of the authorities
provided in the preceding paragraphs is not sufficient to
cover losses in an area quota pool, the Secretary shall
increase the marketing assessment established under
subsection (g) by such an amount as the Secretary considers
necessary to cover the losses. The increased assessment shall
apply only to quota peanuts covered by that pool. Amounts
collected under subsection (g) as a result of the increased
assessment shall be retained by the Secretary to cover losses
in that pool.
(e) Disapproval of Quotas.--Notwithstanding any other
provision of law, no loan for quota peanuts may be made
available by the Secretary for any crop of peanuts with
respect to which poundage quotas have been disapproved by
producers, as provided for in section 358-1(d) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(d)).
(f) Quality Improvement.--
(1) In general.--With respect to peanuts under loan, the
Secretary shall--
(A) promote the crushing of peanuts at a greater risk of
deterioration before peanuts of a lesser risk of
deterioration;
(B) ensure that all Commodity Credit Corporation
inventories of peanuts sold for domestic edible use must be
shown to have been officially inspected by licensed
Department inspectors both as farmer stock and shelled or
cleaned in-shell peanuts;
(C) continue to endeavor to operate the peanut program so
as to improve the quality of domestic peanuts and ensure the
coordination of activities under the Peanut Administrative
Committee established under Marketing Agreement No. 146,
regulating the quality of domestically produced peanuts
(under the Agricultural Adjustment Act (7 U.S.C. 601 et
seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937); and
(D) ensure that any changes made in the peanut program as a
result of this subsection requiring additional production or
handling at the farm level shall be reflected as an upward
adjustment in the Department loan schedule.
(2) Exports and other peanuts.--The Secretary shall require
that all peanuts in the domestic and export markets fully
comply with all quality standards under Marketing Agreement
No. 146.
(g) Marketing Assessment.--
(1) In general.--The Secretary shall provide for a
nonrefundable marketing assessment. The assessment shall be
made on a per pound basis in an amount equal to 1.1 percent
for each of the 1994 and 1995 crops, 1.15 percent for the
1996 crop, and 1.2 percent for each of the 1997 through 2002
crops, of the national average quota or additional peanut
loan rate for the applicable crop.
(2) First purchasers.--
(A) In general.--Except as provided under paragraphs (3)
and (4), the first purchaser of peanuts shall--
(i) collect from the producer a marketing assessment equal
to the quantity of peanuts acquired multiplied by--
(I) in the case of each of the 1994 and 1995 crops, .55
percent of the applicable national average loan rate;
(II) in the case of the 1996 crop, .6 percent of the
applicable national average loan rate; and
(III) in the case of each of the 1997 through 2002 crops,
.65 percent of the applicable national average loan rate;
(ii) pay, in addition to the amount collected under clause
(i), a marketing assessment in an amount equal to the
quantity of peanuts acquired multiplied by .55 percent of the
applicable national average loan rate; and
(iii) remit the amounts required under clauses (i) and (ii)
to the Commodity Credit Corporation in a manner specified by
the Secretary.
(B) Definition of first purchaser.--In this subsection, the
term ``first purchaser'' means a person acquiring peanuts
from a producer except that in the case of peanuts forfeited
by a producer to the Commodity Credit Corporation, the term
means the person acquiring the peanuts from the Commodity
Credit Corporation.
(3) Other private marketings.--In the case of a private
marketing by a producer directly to a consumer through a
retail or wholesale outlet or in the case of a marketing by
the producer outside of the continental United States, the
producer shall be responsible for the full amount of the
assessment and shall remit the assessment by such time as is
specified by the Secretary.
(4) Loan peanuts.--In the case of peanuts that are pledged
as collateral for a loan made under this section, the grower
portion of the assessment shall be deducted from the proceeds
of the loan. The remainder of the assessment shall be paid by
the first purchaser of the peanuts. For purposes of computing
net gains on peanuts under this section, the reduction in
loan proceeds shall be treated as having been paid to the
producer.
(5) Penalties.--If any person fails to collect or remit the
reduction required by this subsection or fails to comply with
the requirements for recordkeeping or otherwise as are
required by the Secretary to carry out this subsection, the
person shall be liable to the Secretary for a civil penalty
up to an amount determined by multiplying--
(A) the quantity of peanuts involved in the violation; by
(B) the national average quota peanut rate for the
applicable crop year.
(6) Enforcement.--The Secretary may enforce this subsection
in the courts of the United States.
(h) Crops.--Subsections (a) through (f) shall be effective
only for the 1996 through 2002 crops of peanuts.
(i) Poundage Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 is amended--
(A) in section 358-1 (7 U.S.C. 1358-1)--
(i) in the section heading, by striking ``1991 through 1997
crops of'';
(ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A),
(b)(2)(C), and (b)(3)(A), by striking ``of the 1991 through
1997 marketing years'' each place it appears and inserting
``marketing year'';
(iii) in subsection (a)(3), by striking ``1990'' and
inserting ``1990, for the 1991 through 1995 marketing years,
and 1995, for the 1996 through 2002 marketing years'';
(iv) in subsection (b)(1)(A)--
(I) by striking ``each of the 1991 through 1997 marketing
years'' and inserting ``each marketing year''; and
(II) in clause (i), by inserting before the semicolon the
following: ``, in the case of the 1991 through 1995 marketing
years, and the 1995 marketing year, in the case of the 1996
through 2002 marketing years''; and
(v) in subsection (f), by striking ``1997'' and inserting
``2002'';
(B) in section 358b (7 U.S.C. 1358b)--
(i) in the section heading, by striking ``1991 through 1995
crops of''; and
(ii) in subsection (c), by striking ``1995'' and inserting
``2002'';
(C) in section 358c(d) (7 U.S.C. 1358c(d)), by striking
``1995'' and inserting ``2002''; and
(D) in section 358e (7 U.S.C. 1359a)--
(i) in the section heading, by striking ``for 1991 through
1997 crops of peanuts''; and
(ii) in subsection (i), by striking ``1997'' and inserting
``2002''.
(2) Eligibility for farm poundage quota.--
(A) Certain farms ineligible.--Section 358-1(b)(1) of the
Act (7 U.S.C. 1358-1(b)(1)) is amended by adding at the end
the following:
``(D) Certain farms ineligible to hold quota.--Effective
beginning with the 1997 marketing year, the Secretary shall
no longer establish farm poundage quotas under subparagraph
(A) for farms--
``(i) owned or controlled by municipalities, airport
authorities, schools, colleges, refuges, and other public
entities (not including universities for research purposes);
or
``(ii) owned or controlled by a person who is not a
producer and resides in another State.''.
(B) Allocation of quota to other farms.--Section 358-
1(b)(2) of the Act (7 U.S.C. 1358-1(b)(2)) is amended by
adding at the end the following:
``(E) Transfer of quota from ineligible farms.--Any farm
poundage quota held on or after January 1, 1997, by a farm
described in paragraph (1)(D) shall be allocated to other
farms in the same State on such basis as the Secretary may by
regulation prescribe.''.
(3) Elimination of quota floor.--Section 358-1(a)(1) of the
Act (7 U.S.C. 1358-1(a)(1)) is amended by striking the second
sentence.
(4) Temporary quota allocation.--Section 358-1 of the Act
(7 U.S.C. 1358-1) is amended--
(A) in subsection (a)(1), by striking ``domestic edible,
seed,'' and inserting ``domestic edible use (except seed)'';
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking ``subparagraph (B) and
subject to''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Temporary quota allocation.--
``(i) Allocation related to seed peanuts.--Temporary
allocation of quota pounds for the marketing year only in
which the crop is planted shall be made to producers for each
of the 1996 through 2002 marketing years as provided in this
subparagraph.
``(ii) Quantity.--The temporary quota allocation shall be
equal to the pounds of seed peanuts planted on the farm, as
may be adjusted under regulations prescribed by the
Secretary.
``(iii) Additional quota.--The temporary allocation of
quota pounds under this paragraph shall be in addition to the
farm pound
[[Page 337]]
age quota otherwise established under this subsection and
shall be credited, for the applicable marketing year only, in
total to the producer of the peanuts on the farm in a manner
prescribed by the Secretary.
``(iv) Effect of other requirements.--Nothing in this
section alters or changes the requirements regarding the use
of quota and additional peanuts established by section
358e(b).''; and
(C) in subsection (e)(3), strike ``and seed and use on a
farm''.
(5) Spring and fall transfers within a state.--Section
358b(a)(1) of the Act (7 U.S.C. 1358b(a)(1)) is amended--
(A) by striking ``, conditions, or limitations'' in the
matter preceding the subparagraphs and inserting ``and
conditions'';
(B) by striking ``any such lease'' in the matter preceding
the subparagraphs and inserting ``any such sale or lease'';
and
(C) by striking ``in the fall or after the normal planting
season--'' and subparagraphs (A) and (B) and inserting the
following: ``in the spring (or before the normal planting
season) or in the fall (or after the normal planting season)
with the owner or operator of a farm located within any
county in the same State. In the case of a fall transfer or a
transfer after the normal planting season, the transfer may
be made only if not less than 90 percent of the quota (the
farm quota exclusive of temporary quota transfers), plus any
poundage quota transferred to the farm under this subsection,
has been planted or considered planted on the farm from which
the quota is to be leased.''.
(6) Undermarketings.--Part VI of subtitle B of title III of
the Act is amended--
(A) in section 358-1(b) (7 U.S.C. 1358-1(b))--
(i) in paragraph (1)(B), by striking ``including--'' and
clauses (i) and (ii) and inserting ``including any increases
resulting from the allocation of quotas voluntarily released
for 1 year under paragraph (7).'';
(ii) in paragraph (3)(B), by striking ``include--'' and
clauses (i) and (ii) and inserting ``include any increase
resulting from the allocation of quotas voluntarily released
for 1 year under paragraph (7).''; and
(iii) by striking paragraphs (8) and (9); and
(B) in section 358b(a) (7 U.S.C. 1358b(a))--
(i) in paragraph (1), by striking ``(including any
applicable under marketings)'' both places it appears;
(ii) in paragraph (2), by striking ``(including any
applicable under marketings)''; and
(iii) in paragraph (3), by striking ``(including any
applicable undermarketings)''.
(7) Disaster transfers.--Section 358-1(b) of the Act (7
U.S.C. 1358-1(b)), as amended by paragraph (6)(A)(iii), is
further amended by adding at the end the following:
``(8) Disaster transfers.--
``(A) In general.--Except as provided in subparagraph (B),
additional peanuts produced on a farm from which the quota
poundage was not harvested and marketed because of drought,
flood, or any other natural disaster, or any other condition
beyond the control of the producer, may be transferred to the
quota loan pool for pricing purposes on such basis as the
Secretary shall by regulation provide.
``(B) Limitation.--The poundage of peanuts transferred
under subparagraph (A) shall not exceed the difference
between--
``(i) the total quantity of peanuts meeting quality
requirements for domestic edible use, as determined by the
Secretary, marketed from the farm; and
``(ii) the total farm poundage quota, excluding quota
pounds transferred to the farm in the fall.
``(C) Support rate.--Peanuts transferred under this
paragraph shall be supported at 70 percent of the quota
support rate for the marketing years in which the transfers
occur. The transfers for a farm shall not exceed 25 percent
of the total farm quota pounds, excluding pounds transferred
in the fall.''.
SEC. 107. SUGAR PROGRAM.
(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to
18 cents per pound for raw cane sugar.
(b) Sugar Beets.--The Secretary shall make loans available
to processors of domestically grown sugar beets at a rate
equal to 22.9 cents per pound for refined beet sugar.
(c) Reduction in Loan Rates.--
(1) Reduction required.--The Secretary shall reduce the
loan rate specified in subsection (a) for domestically grown
sugarcane and subsection (b) for domestically grown sugar
beets if the Secretary determines that negotiated reductions
in export subsidies and domestic subsidies provided for sugar
of the European Union and other major sugar growing,
producing, and exporting countries in the aggregate exceed
the commitments made as part of the Agreement on Agriculture.
(2) Extent of reduction.--The Secretary shall not reduce
the loan rate under subsection (a) or (b) below a rate that
provides an equal measure of support to that provided by the
European Union and other major sugar growing, producing, and
exporting countries, based on an examination of both domestic
and export subsidies subject to reduction in the Agreement on
Agriculture.
(3) Announcement of reduction.--The Secretary shall
announce any loan rate reduction to be made under this
subsection as far in advance as is practicable.
(4) Major sugar countries defined.--For purposes of this
subsection, the term ``major sugar growing, producing, and
exporting countries'' means--
(A) the countries of the European Union; and
(B) the ten foreign countries not covered by subparagraph
(A) that the Secretary determines produce the greatest amount
of sugar.
(5) Agreement on agriculture defined.--For purposes of this
subsection, the term ``Agreement on Agriculture'' means the
Agreement on Agriculture referred to in section 101(d)(2) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).
(d) Term of Loans.--
(1) In general.--Loans under this section during any fiscal
year shall be made available not earlier than the beginning
of the fiscal year and shall mature at the earlier of--
(A) the end of 9 months; or
(B) the end of the fiscal year.
(2) Supplemental loans.--In the case of loans made under
this section in the last 3 months of a fiscal year, the
processor may repledge the sugar as collateral for a second
loan in the subsequent fiscal year, except that the second
loan shall--
(A) be made at the loan rate in effect at the time the
second loan is made; and
(B) mature in 9 months less the quantity of time that the
first loan was in effect.
(e) Loan Type; Processor Assurances.--
(1) Recourse loans.--Subject to paragraph (2), the
Secretary shall carry out this section through the use of
recourse loans.
(2) Nonrecourse loans.--During any fiscal year in which the
tariff rate quota for imports of sugar into the United States
is established at, or is increased to, a level in excess of
1,500,000 short tons raw value, the Secretary shall carry out
this section by making available nonrecourse loans. Any
recourse loan previously made available by the Secretary
under this section during the fiscal year shall be changed by
the Secretary into a nonrecourse loan.
(3) Processor assurances.--If the Secretary is required
under paragraph (2) to make nonrecourse loans available
during a fiscal year or to change recourse loans into
nonrecourse loans, the Secretary shall obtain from each
processor that receives a loan under this section such
assurances as the Secretary considers adequate to ensure that
the processor will provide payments to producers that are
proportional to the value of the loan received by the
processor for sugar beets and sugarcane delivered by
producers served by the processor. The Secretary may
establish appropriate minimum payments for purposes of this
paragraph.
(f) Marketing Assessment.--
(1) Sugarcane.--Effective for marketings of raw cane sugar
during the 1996 through 2003 fiscal years, the first
processor of sugarcane shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996, 1.1
percent of the loan rate established under subsection (a) per
pound of raw cane sugar, processed by the processor from
domestically produced sugarcane or sugarcane molasses, that
has been marketed (including the transfer or delivery of the
sugar to a refinery for further processing or marketing); and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.375 percent of the loan rate established
under subsection (a) per pound of raw cane sugar, processed
by the processor from domestically produced sugarcane or
sugarcane molasses, that has been marketed (including the
transfer or delivery of the sugar to a refinery for further
processing or marketing).
(2) Sugar beets.--Effective for marketings of beet sugar
during the 1996 through 2003 fiscal years, the first
processor of sugar beets shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996,
1.1794 percent of the loan rate established under subsection
(a) per pound of beet sugar, processed by the processor from
domestically produced sugar beets or sugar beet molasses,
that has been marketed; and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.47425 percent of the loan rate
established under subsection (a) per pound of beet sugar,
processed by the processor from domestically produced sugar
beets or sugar beet molasses, that has been marketed.
(3) Collection.--
(A) Timing.--A marketing assessment required under this
subsection shall be collected on a monthly basis and shall be
remitted to the Commodity Credit Corporation not later than
30 days after the end of each month. Any cane sugar or beet
sugar processed during a fiscal year that has not been
marketed by September 30 of the year shall be subject to
assessment on that date. The sugar shall not be subject to a
second assessment at the time that it is marketed.
(B) Manner.--Subject to subparagraph (A), marketing
assessments shall be collected under this subsection in the
manner prescribed by the Secretary and shall be
nonrefundable.
(4) Penalties.--If any person fails to remit the assessment
required by this subsection or fails to comply with such
requirements for recordkeeping or otherwise as are required
by the Secretary to carry out this subsection, the person
shall be liable to the Secretary for a civil penalty up to an
amount determined by multiplying--
(A) the quantity of cane sugar or beet sugar involved in
the violation; by
(B) the loan rate for the applicable crop of sugarcane or
sugar beets.
(5) Enforcement.--The Secretary may enforce this subsection
in a court of the United States.
(g) Forfeiture Penalty.--
[[Page 338]]
(1) In general.--A penalty shall be assessed on the
forfeiture of any sugar pledged as collateral for a
nonrecourse loan under this section.
(2) Cane sugar.--The penalty for cane sugar shall be 1 cent
per pound.
(3) Beet sugar.--The penalty for beet sugar shall bear the
same relation to the penalty for cane sugar as the marketing
assessment for sugar beets bears to the marketing assessment
for sugarcane.
(4) Effect of forfeiture.--Any payments owed producers by a
processor that forfeits any sugar pledged as collateral for a
nonrecourse loan shall be reduced in proportion to the loan
forfeiture penalty incurred by the processor.
(h) Information Reporting.--
(1) Duty of processors and refiners to report.--A sugarcane
processor, cane sugar refiner, and sugar beet processor shall
furnish the Secretary, on a monthly basis, such information
as the Secretary may require to administer sugar programs,
including the quantity of purchases of sugarcane, sugar
beets, and sugar, and production, importation, distribution,
and stock levels of sugar.
(2) Penalty.--Any person willfully failing or refusing to
furnish the information, or furnishing willfully any false
information, shall be subject to a civil penalty of not more
than $10,000 for each such violation.
(3) Monthly reports.--Taking into consideration the
information received under paragraph (1), the Secretary shall
publish on a monthly basis composite data on production,
imports, distribution, and stock levels of sugar.
(i) Marketing Allotments.--Part VII of subtitle B of title
III of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359aa et seq.) is repealed.
(j) Crops.--This section (other than subsection (i)) shall
be effective only for the 1996 through 2002 crops of sugar
beets and sugarcane.
SEC. 108. ADMINISTRATION.
(a) Commodity Credit Corporation.--
(1) Use of corporation.--The Secretary shall carry out this
title through the Commodity Credit Corporation.
(2) Prohibition on salaries and expenses.--Notwithstanding
any other provision of law, no funds of the Corporation shall
be used for any salary or expense of any officer, employee,
or agency of the Department of Agriculture.
(b) Determinations by Secretary.--A determination made by
the Secretary under this title or the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) shall be final and
conclusive.
(c) Regulations.--The Secretary may issue such regulations
as the Secretary determines necessary to carry out this
title.
SEC. 109. ELIMINATION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The Agricultural
Adjustment Act of 1938 is amended--
(1) in title III--
(A) in subtitle B--
(i) by striking parts II through V (7 U.S.C. 1326-1351);
and
(ii) in part VI--
(I) by moving subsection (c) of section 358d (7 U.S.C.
1358d(c)) to appear after section 301(b)(17) (7 U.S.C.
1301(b)(17)), redesignating the subsection as paragraph (18),
and moving the margin of the paragraph 2 ems to the right;
and
(II) by striking sections 358, 358a, and 358d (7 U.S.C.
1358, 1358a, and 1359); and
(B) by striking subtitle D (7 U.S.C. 1379a-1379j); and
(2) by striking title IV (7 U.S.C. 1401-1407).
(b) Agricultural Act of 1949.--
(1) Transfer of certain sections.--The Agricultural Act of
1949 is amended--
(A) by transferring sections 106, 106A, and 106B (7 U.S.C.
1445, 1445-1, 1445-2) to appear after section 314A of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1314-1) and
redesignating the transferred sections as sections 315, 315A,
and 315B, respectively;
(B) by transferring section 111 (7 U.S.C. 1445f) to appear
after section 304 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1304) and redesignating the transferred section as
section 305; and
(C) by transferring sections 404 and 416 (7 U.S.C. 1424 and
1431) to appear after section 390 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1390) and redesignating the
transferred sections as sections 390A and 390B, respectively.
(2) Repeal.--The Agricultural Act of 1949 (7 U.S.C. 1421 et
seq.) (as amended by paragraph (1)) is repealed.
(c) Conforming Amendments.--
(1) Section 361 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1361) is amended by striking ``, corn, wheat,
cotton, peanuts, and rice, established''.
(2) Section 371 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1371) is amended--
(A) in the first sentence of subsection (a), by striking
``cotton, rice, peanuts, or''; and
(B) in the first sentence of subsection (b), by striking
``cotton, rice, peanuts or''.
SEC. 110. EFFECT OF AMENDMENTS.
(a) Effect on Prior Crops.--Except as otherwise
specifically provided and notwithstanding any other provision
of law, this title and the amendments made by this title
shall not affect the authority of the Secretary to carry out
a price support or production adjustment program for any of
the 1991 through 1995 crops of an agricultural commodity
established under a provision of law in effect immediately
before the date of the enactment of this Act.
(b) Liability.--A provision of this title or an amendment
made by this title shall not affect the liability of any
person under any provision of law as in effect before the
date of the enactment of this Act.
TITLE II--DAIRY
SEC. 201. MILK PRICE SUPPORT PROGRAM.
(a) Support Activities.--During the period beginning on the
date of the enactment of this Act and ending December 31,
2000, the Secretary of Agriculture shall support the price of
milk produced in the 48 contiguous States through the
purchase of cheese, butter, and nonfat dry milk produced from
the milk.
(b) Rate.--The price of milk shall be supported at the
following rates per hundredweight for milk containing 3.67
percent butterfat:
(1) During calendar year 1996, $10.15.
(2) During calendar year 1997, $10.05.
(3) During calendar year 1998, $9.95.
(4) During calendar year 1999, $9.85.
(5) During calendar year 2000, $9.75.
(c) Bid Prices.--The support purchase prices under this
section for each of the products of milk (butter, cheese, and
nonfat dry milk) announced by the Secretary shall be the same
for all of that product sold by persons offering to sell the
product to the Secretary. The purchase prices shall be
sufficient to enable plants of average efficiency to pay
producers, on average, a price that is not less than the rate
of price support for milk in effect under subsection (b).
(d) Special Rule for Butter and Nonfat Dry Milk--
(1) Allocation of purchase prices.--The Secretary may
allocate the rate of price support between the purchase
prices for nonfat dry milk and butter in a manner that will
result in the lowest level of expenditures by the Commodity
Credit Corporation or achieve such other objectives as the
Secretary considers appropriate. The Secretary shall notify
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate of the allocation.
(2) Timing of purchase price adjustments.--The Secretary
may make any such adjustments in the purchase prices for
nonfat dry milk and butter the Secretary considers to be
necessary not more than twice in each calendar year.
(e) Refunds of 1995 and 1996 Assessments.--
(1) Refund required.--The Secretary shall provide for a
refund of the entire reduction required under section
204(h)(2) of the Agricultural Act of 1949 (7 U.S.C.
1446e(h)(2)), as in effect on the day before the date of the
enactment of this Act, in the price of milk received by a
producer during calendar year 1995 or 1996, if the producer
provides evidence that the producer did not increase
marketings in calendar year 1995 or 1996 when compared to
calendar year 1994 or 1995, respectively.
(2) Exception.--This subsection shall not apply with
respect to a producer for a particular calendar year if the
producer has already received a refund under section 204(h)
of the Agricultural Act of 1949 for the same fiscal year
before the date of the enactment of this Act.
(3) Treatment of refund.--A refund under this subsection
shall not be considered as any type of price support or
payment for purposes of sections 1211 and 1221 of the Food
Security Act of 1985 (16 U.S.C. 3811 and 3821).
(f) Commodity Credit Corporation.--The Secretary shall
carry out the program authorized by this section through the
Commodity Credit Corporation.
(g) Period of Effectiveness.--This section shall be
effective only during the period beginning on the date of the
enactment of this Act and ending on December 31, 2000. The
program authorized by this section shall terminate on
December 31, 2000, and shall be considered to have expired
notwithstanding section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
SEC. 202. CONSOLIDATION AND REFORM OF FEDERAL MILK MARKETING
ORDERS.
(a) Amendment of Orders.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall amend
Federal milk marketing orders issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of
1937, to--
(1) limit the number of Federal milk marketing orders to
between 10 and 14 orders; and
(2) provide for multiple basing points for the pricing of
milk.
(b) Expedited Process.--Using the rulemaking procedures
provided in section 553 of title 5, United States Code, the
Secretary shall--
(1) announce the amendments required under subsection (a)
not later than December 31, 1998; and
(2) implement the amendments not later than December 31,
2000.
(c) Funding.--Effective beginning January 1, 2001, the
Secretary shall not use any funds to administer more than 14
Federal milk marketing orders.
(d) Study Regarding Further Reforms.--Not later than
January 1, 1998, the Secretary of Agriculture shall submit to
Congress a report--
(1) reviewing the Federal milk marketing order system
established pursuant to section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, in light of
the reforms required by subsection (a); and
[[Page 339]]
(2) containing such recommendations as the Secretary
considers appropriate for further improvements and reforms to
the Federal milk marketing order system.
SEC. 203. DAIRY EXPORT INCENTIVE PROGRAM.
(a) Duration.--Section 153(a) of the Food Security Act of
1985 (15 U.S.C. 713a-14) is amended by striking ``2001'' and
inserting ``2002''.
(b) Sole Discretion.--Section 153(b) of the Food Security
Act of 1985 is amended by inserting ``sole'' before
``discretion''.
(c) Elements of Program.--Section 153(c) of the Food
Security Act of 1985 is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States as a
member of the World Trade Organization is exported under the
program each year (minus the volume sold under section 1163
of the Food Security Act of 1985 (Public Law 99-198; 7 U.S.C.
1731 note) during that year), except to the extent that the
export of such a volume under the program would, in the
judgment of the Secretary, exceed the limitations on the
value set forth in subsection (f); and
``(4) payments may be made under the program for exports to
any destination in the world for the purpose of market
development, except a destination in a country with respect
to which shipments from the United States are otherwise
restricted by law.''.
(d) Market Development.--Section 153(e)(1) of the Food
Security Act of 1985 is amended--
(1) by striking ``and'' and inserting ``the''; and
(2) by inserting before the period the following: ``, and
any additional amount that may be required to assist in the
development of world markets for United States dairy
products''.
(e) Maximum Allowable Amounts.--Section 153 of the Food
Security Act of 1985 is amended by adding at the end the
following:
``(f) Required Funding.--
``(1) In general.--Except as provided in paragraph (2), the
Commodity Credit Corporation shall in each year use money and
commodities for the program under this section in the maximum
amount consistent with the obligations of the United States
as a member of the World Trade Organization, minus the amount
expended under section 1163 of the Food Security Act of 1985
(Public Law 99-198; 7 U.S.C. 1731 note) during that year.
``(2) Volume limitations.--The Commodity Credit Corporation
may not exceed the limitations specified in subsection (c)(3)
on the volume of allowable dairy product exports.''.
SEC. 204. EFFECT ON FLUID MILK STANDARDS IN THE STATE OF
CALIFORNIA.
Nothing in this Act or any other provision of law shall be
construed to preempt, prohibit or otherwise limit the
authority of the State of California, directly or indirectly,
to establish or continue to effect any law, regulation or
requirement regarding--
(1) the percentage of milk solids or solids not fat in
fluid milk products sold at retail or marketed in the State
of California; or
(2) the labeling of such fluid milk products with regard to
milk solids or solids not fat.
SEC. 205. REPEAL OF MILK MANUFACTURING MARKETING ADJUSTMENT.
Section 102 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 1446e-1) is repealed.
SEC. 206. PROMOTION.
(a) Congressional Purpose.--Section 1999B(a) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6401(a)) is amended--
(1) by redesignating paragraphs (6), (7) and (8) as
paragraphs (7), (8) and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) the congressional purpose underlying this subtitle is
to maintain and expand markets for fluid milk products, not
to maintain or expand any processor's share of those markets
and that the subtitle does not prohibit or restrict
individual advertising or promotion of fluid milk products
since the programs created and funded by this subtitle are
not extended to replace individual advertising and promotion
efforts;''.
(b) Congressional Policy.--Section 1999B(b) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6401(b)) is amended to
read as follows:
``(b) Policy.--It is declared to be the policy of Congress
that it is in the public interest to authorize the
establishment, through the exercise of powers provided in
this subtitle, of an orderly procedure for developing,
financing, through adequate assessments on fluid milk
products produced in the United States and carrying out an
effective, continuous, and coordinated program of promotion,
research, and consumer information designed to strengthen the
position of the dairy industry in the marketplace and
maintain and expand domestic and foreign markets and uses for
fluid milk products, the purpose of which is not to compete
with or replace individual advertising or promotion efforts
designed to promote individual brand name or trade name fluid
milk products, but rather to maintain and expand the markets
for all fluid milk products, with the goal and purpose of
this subtitle being a national governmental goal that
authorizes and funds programs that result in government
speech promoting government objectives.''.
(c) Research.--Section 1999C(6) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6402(6)) is amended to read as follows:
``(6) Research.--The term `research' means market research
to support advertising and promotion efforts, including
educational activities, research directed to product
characteristics, product development, including new products
or improved technology in production, manufacturing or
processing of milk and the products of milk.''.
(d) Voting.--(1) Section 1999N(b)(2) of the Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6413(b)(2)) is amended by
striking ``all processors'' and inserting ``fluid milk
processors voting in the referendum''.
(2) Section 1999O(c) of such Act (7 U.S.C. 6414(c)) is
amended by striking ``all processors'' each place it appears
and inserting ``fluid milk processors voting in the
referendum''.
(e) Duration.--Section 1999O(a) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6414(a)) is amended by striking
``1996'' and inserting ``2002''.
TITLE III--CONSERVATION
SEC. 301. CONSERVATION.
(a) Funding.--Subtitle E of title XII of the Food Security
Act of 1985 (16 U.S.C. 3841 et seq.) is amended to read as
follows:
``Subtitle E--Funding
``SEC. 1241. FUNDING.
``(a) Mandatory Expenses.--For each of fiscal years 1996
through 2002, the Secretary shall use the funds of the
Commodity Credit Corporation to carry out the programs
authorized by--
``(1) subchapter B of chapter 1 of subtitle D (including
contracts extended by the Secretary pursuant to section 1437
of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 16 U.S.C. 3831 note));
``(2) subchapter C of chapter 1 of subtitle D; and
``(3) chapter 4 of subtitle D.
``(b) Environmental Quality Incentive Program.--For each of
fiscal years 1996 through 2002, $200,000,000 of the funds of
the Commodity Credit Corporation shall be available for
providing technical assistance, cost-sharing payments, and
incentive payments for practices authorized under the
environmental quality incentive program under chapter 4 of
subtitle D. At least 50 percent of the funds made available
under this subsection for a fiscal year shall be used to
provide technical assistance, cost-sharing payments, and
incentive payments under such chapter relating to livestock
production.''.
(b) Environmental Quality Incentive Program.--Subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3830 et
seq.) is amended by adding at the end the following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVE PROGRAM
``SEC. 1240. DEFINITIONS.
``In this chapter and section 1241:
``(1) Land management practice.--The term `land management
practice' means a site-specific nutrient or manure
management, integrated pest management, irrigation
management, tillage or residue management, grazing
management, or other land management practice that the
Secretary determines is needed to protect, in the most cost
effective manner, water, soil, or related resources from
degradation.
``(2) Livestock.--The term `livestock' means mature
livestock, dairy cows, beef cattle, laying hens, turkeys,
swine, sheep, and such other animals as determined by the
Secretary.
``(3) Producer.--The term `producer' means a person who is
engaged in livestock or agricultural production (as defined
by the Secretary).
``(4) Structural practice.--The term `structural practice'
means--
``(A) the establishment of an animal waste management
facility, terrace, grassed waterway, contour grass strip,
filterstrip, tailwater pit, or other structural practice that
the Secretary determines is needed to protect, in the most
cost effective manner, water, soil, or related resources from
degradation; and
``(B) the capping of abandoned wells.
``SEC. 1240A. ESTABLISHMENT AND ADMINISTRATION OF
ENVIRONMENTAL QUALITY INCENTIVE PROGRAM.
``(a) Establishment.--
``(1) In General.--During the 1996 through 2002 fiscal
years, the Secretary shall provide technical assistance,
cost-sharing payments, and incentive payments to producers
who enter into contracts with the Secretary, through a
environmental quality incentive program.
``(2) Eligible practices.--
``(A) Structural practices.--A producer who implements a
structural practice shall be eligible for technical
assistance or cost-sharing payments, or both.
``(B) Land management practices.--A producer who performs a
land management practice shall be eligible for technical
assistance or incentive payments, or both.
``(3) Eligible land.--Assistance under this chapter may be
provided with respect to land that is used for livestock or
agricultural production and on which a serious threat to
water, soil, or related resources exists, as determined by
the Secretary, by reason of the soil types, terrain,
climatic, soil, topographic, flood, or saline
characteristics, or other factors or natural hazards.
``(4) Selection criteria.--In providing technical
assistance, cost-sharing payments, and incentive payments to
producers in a region or watershed, the Secretary shall
consider--
[[Page 340]]
``(A) the significance of the water, soil, and related
natural resource problems; and
``(B) the maximization of environmental benefits per dollar
expended.
``(b) Application and Term.--
``(1) In general.--A contract between a producer and the
Secretary under this chapter may--
``(A) apply to 1 or more structural practices or 1 or more
land management practices, or both; and
``(B) have a term of not less than 5, nor more than 10,
years, as determined appropriate by the Secretary, depending
on the practice or practices that are the basis of the
contract.
``(2) Duties of producers and secretary.--To receive cost-
sharing or incentive payments, or technical assistance,
participating producers shall comply with all terms and
conditions of the contract and a plan, as established by the
Secretary.
``(c) Structural Practices.--
``(1) Competitive offer.--The Secretary shall administer a
competitive offer system for producers proposing to receive
cost-sharing payments in exchange for the implementation of 1
or more structural practices by the producer. The competitive
offer system shall consist of--
``(A) the submission of a competitive offer by the producer
in such manner as the Secretary may prescribe; and
``(B) evaluation of the offer in light of the selection
criteria established under subsection (a)(4) and the
projected cost of the proposal, as determined by the
Secretary.
``(C) Concurrence of owner.--If the producer making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the producer shall obtain the concurrence of the
owner of the land with respect to the offer.
``(d) Land Management Practices.--The Secretary shall
establish an application and evaluation process for awarding
technical assistance or incentive payments, or both, to a
producer in exchange for the performance of 1 or more land
management practices by the producer.
``(e) Cost-Sharing, Incentive Payments, and Technical
Assistance.--
``(1) Cost-sharing payments.--
``(A) In general.--The Federal share of cost-sharing
payments to a producer proposing to implement 1 or more
structural practices shall not be greater than 75 percent of
the projected cost of each practice, as determined by the
Secretary, taking into consideration any payment received by
the producer from a State or local government.
``(B) Other payments.--A producer shall not be eligible for
cost-sharing payments for structural practices on eligible
land under this chapter if the producer receives cost-sharing
payments or other benefits for the same land under chapter 1,
2, or 3.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by
the Secretary to be necessary to encourage a producer to
perform 1 or more land management practices.
``(3) Technical assistance.--
``(A) Funding.--The Secretary shall allocate funding under
this chapter for the provision of technical assistance with
respect to non-Federal lands according to the purpose and
projected cost for which the technical assistance is provided
for a fiscal year. The allocated amount may vary according to
the type of expertise required, quantity of time involved,
and other factors as determined appropriate by the Secretary.
Funding shall not exceed the projected cost to the Secretary
of the technical assistance provided for a fiscal year.
``(B) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the
eligibility of the producer to receive technical assistance
under other authorities of law available to the Secretary.
``(C) Private sources.--The Secretary shall ensure that the
process of writing and developing proposals and plans for
contracts under this chapter, and of assisting in the
implementation of structural practices and land management
practices covered by the contracts, are open to individuals
in agribusiness, including agricultural producers,
representatives from agricultural cooperatives, agricultural
input retail dealers, and certified crop advisers. The
requirements of this subparagraph shall also apply to any
other Department program using incentive payments, technical
assistance, or cost-share payments and to pilot project
programs of the Department that require plans.
``(f) Limitation on Payments.--
``(1) In general.--The total amount of cost-sharing and
incentive payments paid to a person under this chapter may
not exceed--
``(A) $10,000 for any fiscal year; or
``(B) $50,000 for any multiyear contract.
``(2) Exception to annual limit.--The Secretary may exceed
the limitation on the annual amount of a payment under
paragraph (1)(A) on a case-by-case basis if the Secretary
determines that a larger payment is essential to accomplish
the land management practice or structural practice for which
the payment is made.
``(3) Regulations.--The Secretary shall issue regulations
that are consistent with section 1001 for the purpose of--
``(A) defining the term `person' as used in paragraph (1);
and
``(B) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitations established under this subsection.
``(g) Regulations.--Not later than 180 days after the
effective date of this subsection, the Secretary shall issue
regulations to implement the environmental quality incentive
program established under this chapter.''.
SEC. 302. WETLANDS RESERVE PROGRAM.
(a) Enrollment.--Section 1237 of the Food Security Act of
1985 (16 U.S.C. 3837) is amended by striking subsection (b)
and inserting the following:
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not exceed
975,000 acres.
``(2) Methods of enrollment.--The Secretary shall ensure,
to the maximum extent practicable, that of the total number
of acres enrolled in the wetlands reserve program--
``(A) one-third of the acres are enrolled through the use
of permanent easements;
``(B) one-third of the acres are enrolled through the use
of 30-year easements (or ease-ments of a shorter period if
required under applicable State laws); and
``(C) one-third of the acres are enrolled through the use
of restoration cost-share agreements authorized under section
1237A(h).''.
``(3) Temporary emphasis on certain enrollment methods.--To
achieve the enrollment rations specified in paragraph (2),
the Secretary shall endeavor, to the maximum extent
practicable, to rely on the enrollment methods described in
subparagraphs (B) and (C) of paragraph (2) to enroll lands in
the wetlands reserve program until such time as enrollments
under each such subparagraph accounts for approximately one-
third of all lands enrolled in the wetlands reserve.''
(b) Eligibility.--Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2000''
and inserting ``2002''.
(c) Easements and Restoration Cost-Share Agreements.--
Section 1237A of the Food Security Act of 1985 (16 U.S.C.
3837a) is amended--
(1) in the section heading, by inserting before the period
at the end the following: ``AND RESTORATION COST-SHARE
AGREEMENTS'';
(2) by striking subsection (c) and inserting the following:
``(c) Restoration Plans.--The development of a restoration
plan, including any compatible use, under this section shall
be made through the local Natural Resources Conservation
Service representative.'';
(3) in subsection (f), by striking the third sentence and
inserting the following: ``Compensation may be provided in
not less than 5, nor more than 30, annual payments of equal
or unequal size, as agreed to by the owner and the
Secretary.''; and
(4) by adding at the end the following:
``(h) Restoration Cost-Share Agreements.--The Secretary may
enroll land in the wetland reserve program through agreements
that require the landowner to restore wetlands on the land,
if the agreement does not provide the Secretary with an
easement. Other than cost share and technical assistance
provided under section 1237C(b), the Secretary may not
provide compensation for an agreement under this
subsection.''.
(d) Share and Technical Assistance.--Section 1237C of the
Food Security Act of 1985 (16 U.S.C. 3837c) is amended by
striking subsection (b) and inserting the following:
``(b) Cost Share and Technical Assistance.--
``(1) Easements.--In the case of an easement entered into
during the 1996 through 2002 calendar years, in making cost
share payments under subsection (a)(1), the Secretary shall--
``(A) in the case of a permanent easement, pay the owner an
amount that is not less than 75 percent, but not more than
100 percent, of the eligible costs; and
``(B) in the case of a 30-year easement, pay the owner an
amount that is not less than 50 percent, but not more than 75
percent, of the eligible costs.
``(2) Restoration cost-share agreements.--In making cost
share payments in connection with a restoration cost-share
agreement entered into under section 1237(A)(h), the
Secretary shall pay the owner an amount that is not less than
50 percent, but not more than 75 percent, of the eligible
costs.
``(3) Technical assistance.--The Secretary shall provide
owners with technical assistance to assist owners in
complying with the terms of easements and restoration cost-
share agreements.''.
(e) Effect on Existing Easements.--The amendments made by
this section shall not affect the validity or terms of any
easements acquired by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before the
date of the enactment of this Act or any payments required to
be made in connection with such easements.
SEC. 303. ELIMINATION OF CONSULTATION REQUIREMENTS WITH
SECRETARY OF THE INTERIOR.
Section 1242 of the Food Security Act of 1985 (16 U.S.C.
3842) is amended--
(1) by striking ``(a)'' before ``In carrying out''; and
(2) by striking subsection (b).
SEC. 304. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
(a) Program Extensions.--Section 1230(a) of the Food
Security Act of 1985 (16 U.S.C. 3830(a)) is amended by
striking ``1995'' and inserting ``2002''.
(b) Conservation and Improvement of Wildlife Habitat.--Such
section is further
[[Page 341]]
amended by inserting ``and wildlife habitat'' after ``soil
and water resources''.
SEC. 305. CONSERVATION RESERVE PROGRAM.
(a) Program Extensions.--
(1) Conservation reserve program.--Section 1231 of the Act
(16 U.S.C. 3831) is amended in subsections (a) and (b)(3), by
striking ``1995'' each place it appears and inserting
``2002''.
(3) Duties of owners and operators.--Section 1232(c) of the
Act (16 U.S.C. 3832(c)) is amended by striking ``1995'' and
inserting ``2002''.
(b) Maximum Enrollment.--Section 1231(d) of the Food
Security Act of 1985 (16 U.S.C. 3831(d)) is amended by
striking ``total of'' and all that follows through the period
at the end of the subsection and inserting ``total of
36,400,000 acres during the 1986 through 2002 calendar years
(including contracts extended by the Secretary pursuant to
section 1437(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 16 U.S.C. 3831
note).''.
(c) Optional Contract Termination by Producers.--Section
1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is
amended by adding at the end the following new subsection:
``(e) Terminational by Owner or Operator.--
(1) Early termination authorized.--The Secretary shall
allow an owner or operator of land that, on the date of the
enactment of the Agricultural Market Transition Act, is
covered by a contract that was entered into under this
subchapter at least five years before that date to terminate
the contract with respect to all or a portion of the covered
land. The owner or operator shall provide the Secretary with
reasonable notice of the termination request.
``(2) Certain lands excepted.--Notwithstanding paragraph
(1), the following lands shall not be subject to an early
termination of contract under this subsection:
``(A) Filterstrips, waterways, strips adjacent to riparian
areas, windbreaks, and shelterbelts.
``(B) Land with an erodibility index of more than 15.
``(C) Other lands of high environmental value, as
determined by the Secretary.
``(3) Effective date.--The contract termination shall take
effect 60 days after the date on which the owner or operator
submits the notice under paragraph (1).
``(4) Prorated rental payment.--If a contract entered into
under this subchapter is terminated under this subsection
before the end of the fiscal year for which a rental payment
is due, the Secretary shall provide a prorated rental payment
covering the portion of the fiscal year during which the
contract was in effect.
``(5) Renewed enrollment.--The termination of a contract
entered into under this subchapter shall not affect the
ability of the owner or operator who requested the
termination to submit a subsequent bid to enroll the land
that was subject to the contract into the conservation
reserve.
``(6) Conservation requirements.--If land that was subject
to a contract is returned to production of an agricultural
commodity, the conservation requirements under subtitles B
and C shall apply to the use of the land to the extent that
the requirements are similar to those requirements imposed on
other similar lands in the area, except than the requirements
may not be more onerous that the requirements imposed on
other lands.''.
(d) Use of Unexpended Funds.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended by adding at
the end the following:
``(h) Use of Unexpended Funds from Contract Terminations.--
If a contract entered into under this section is terminated,
voluntarily or otherwise, before the expiration date
specified in the contract, the Secretary may use funds,
already available to the Secretary to cover payments under
the contract, but unexpended as a result of the contract
termination, to enroll other eligible lands in the
conservation reserve established under this subchapter.''.
(e) Fair Market Value Rental Rates.--
(1) In general.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended by adding at the end
the following new paragraph:
``(5) In the case of a contract covering land which has not
been previously enrolled in the conservation reserve, annual
rental payments under the contract may not exceed the average
fair market rental rate for comparable lands in the county in
which the lands are located. This paragraph shall not apply
to the extension of an existing contract.''
(2) Application of amendment.--The amendment made by
paragraph (1) shall apply with respect to contracts for the
enrollment of lands in the conservation reserve program under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831)) entered into after the date of the enactment of this
Act.
(f) Enrollments in 1997.--Section 725 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1996 (Public Law 104-37; 109
Stat. 332), is amended by striking the proviso relating to
enrollment of new acres in 1997.
TITLE IV--AGRICULTURAL PROMOTION AND EXPORT PROGRAMS
Subtitle A--Agricultural Promotion and Export Enhancement Programs
SEC. 401. MARKET PROMOTION PROGRAM.
Effective as of October 1, 1995, section 211(c)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)) is
amended--
(1) by striking ``and'' after ``1991 through 1993,''; and
(2) by striking ``through 1997,'' and inserting ``through
1995, and not more than $100,000,000 for each of fiscal years
1996 through 2002,''.
SEC. 402. EXPORT ENHANCEMENT PROGRAM.
(a) Generally.--Effective as of October 1, 1995, section
301(e)(1) of the Agricultural Trade Act of 1978 (7 U.S.C.
5651(e)(1)) is amended to read as follows:
``(1) In general.--The Commodity Credit Corporation shall
make available to carry out the program established under
this section not more than--
``(A) $350,000,000 for fiscal year 1996;
``(B) $350,000,000 for fiscal year 1997;
``(C) $500,000,000 for fiscal year 1998;
``(D) $550,000,000 for fiscal year 1999;
``(E) $579,000,000 for fiscal year 2000;
``(F) $478,000,000 for fiscal year 2001; and
``(G) $478,000,000 for fiscal year 2002.''.
(b) Priority Funding for Wheat Flour.--Section 301 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5651) is amended by
adding at the end the following:
``(h) Priority Funding for Wheat Flour.--Consistent, as
determined by the Secretary, with the obligations and
reduction commitments undertaken by the United States set
forth in the Uruguay Round Agreements, the Secretary shall
announce awards under this section on an annual basis for the
sale of wheat flour in sufficient amount to maintain the
percentage of market share of world commercial flour markets
achieved by the United States wheat flour industry during the
Uruguay Round base period years of 1986 through 1990.''.
Subtitle B--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
SEC. 411. FOOD AID TO DEVELOPING COUNTRIES.
(a) In General.--Section 3 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691a) is
amended to read as follows:
``SEC. 3. FOOD AID TO DEVELOPING COUNTRIES.
``(a) Policy.--In light of the Uruguay Round Agreement on
Agriculture and the Ministerial Decision on Measures
Concerning the Possible Negative Effects of the Reform
Program on Least-Developed and Net-Food Importing Developing
Countries, the United States reaffirms the commitment of the
United States to providing food aid to developing countries.
``(b) Sense of congress.--It is the sense of Congress
that--
``(1) the President should initiate consultations with
other donor nations to consider appropriate levels of food
aid commitments to meet the legitimate needs of developing
countries;
``(2) the United States should increase its contribution of
bona fide food assistance to developing countries consistent
with the Agreement on Agriculture.''.
(b) Conforming Amendment.--Section 411 of the Uruguay Round
Agreements Act (19 U.S.C. 3611) is amended by striking
subsection (e).
SEC. 412. TRADE AND DEVELOPMENT ASSISTANCE.
Section 101 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701) is amended--
(1) by striking ``developing countries'' each place it
appears and inserting ``developing countries and private
entities''; and
(2) in subsection (b), by inserting ``and entities'' before
the period at the end.
SEC. 413. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE
ENTITIES.
Section 102 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1702) is amended to read as
follows:
``SEC. 102. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND
PRIVATE ENTITIES.
``(a) Priority.--In selecting agreements to be entered into
under this title, the Secretary shall give priority to
agreements providing for the export of agricultural
commodities to developing countries that--
``(1) have the demonstrated potential to become commercial
markets for competitively priced United States agricultural
commodities;
``(2) are undertaking measures for economic development
purposes to improve food security and agricultural
development, alleviate poverty, and promote broad-based
equitable and sustainable development; and
``(3) demonstrate the greatest need for food.
``(b) Private Entities.--An agreement entered into under
this title with a private entity shall require such security,
or such other provisions as the Secretary determines
necessary, to provide reasonable and adequate assurance of
repayment of the financing extended to the private entity.
``(c) Agricultural Market Development Plan.--
``(1) Definition of agricultural trade organization.--In
this subsection, the term `agricultural trade organization'
means a United States agricultural trade organization that
promotes the export and sale of a United States agricultural
commodity and that does not stand to profit directly from the
specific sale of the commodity.
``(2) An.--The Secretary shall consider a developing
country for which an agricultural market development plan has
been approved under this subsection to have the demonstrated
potential to become a commercial
[[Page 342]]
market for competitively priced United States agricultural
commodities for the purpose of granting a priority under
subsection (a).
``(3) Requirements.--
`(A) In general.--To be approved by the Secretary, an
agricultural market development plan shall--
``(i) be submitted by a developing country or private
entity, in conjunction with an agricultural trade
organization;
``(ii) describe a project or program for the development
and expansion of a United States agricultural commodity
market in a developing country, and the economic development
of the country, using funds derived from the sale of
agricultural commodities received under an agreement
described in section 101;
``(iii) provide for any matching funds that are required by
the Secretary for the project or program;
``(iv) provide for a results-oriented means of measuring
the success of the project or program; and
``(v) provide for graduation to the use of non-Federal
funds to carry out the project or program, consistent with
requirements established by the Secretary.
``(B) Agricultural trade organization.--The project or
program shall be designed and carried out by the agricultural
trade organization.
``(C) Additional requirements.--An agricultural market
development plan shall contain such additional requirements
as are determined necessary by the Secretary.
``(4) Administrative costs.--
``(A) In general.--The Secretary shall make funds made
available to carry out this title available for the
reimbursement of administrative expenses incurred by
agricultural trade organizations in developing, implementing,
and administering agricultural market development plans,
subject to such requirements and in such amounts as the
Secretary considers appropriate.
``(B) Duration.--The funds shall be made available to
agricultural trade organizations for the duration of the
applicable agricultural market development plan.
``(C) Termination.--The Secretary may terminate assistance
made available under this subsection if the agricultural
trade organization is not carrying out the approved
agricultural market development plan.''.
SEC. 414. TERMS AND CONDITIONS OF SALES.
Section 103 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1703) is amended--
``(1) in subsection (a)(2)(A)--
(A) by striking ``a recipient country to make''; and
(B) by striking ``such country'' and inserting ``the
appropriate country'';
(2) in subsection (c), by striking ``less than 10 nor'';
and
(3) in subsection (d)--
(A) by striking ``recipient country'' and inserting
``developing country or private entity''; and
(B) by striking ``7'' and inserting ``5''.
SEC. 415. USE OF LOCAL CURRENCY PAYMENT.
Section 104 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1704) is amended--
(1) in subsection (a), by striking ``recipient country''
and inserting ``developing country or private entity''; and
(2) in subsection (c)--
(A) by striking ``recipient country'' each place it appears
and inserting ``appropriate developing country''; and
(B) in paragraph (3), by striking ``recipient countries''
and inserting ``appropriate developing countries''.
SEC. 416. ELIGIBLE ORGANIZATIONS.
Section 202 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1722) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Nonemergency Assistance.--
``(1) In general.--The Administrator may provide
agricultural commodities for nonemergency assistance under
this title through eligible organizations (as described in
subsection (d)) that have entered into an agreement with the
Administrator to use the commodities in accordance with this
title.
``(2) Limitation.--The Administrator may not deny a request
for funds or commodities submitted under this subsection
because the program for which the funds or commodities are
requested--
``(A) would be carried out by the eligible organization in
a foreign country in which the Agency for International
Development does not have a mission, office, or other
presence; or
``(B) is not part of a development plan for the country
prepared by the Agency.''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Private
Voluntary Organizations and Cooperatives'' and inserting
``Eligible Organizations'';
(B) in paragraph (1)--
(i) by striking ``$13,500,000'' and inserting
``$28,000,000''; and
(ii) by striking ``private voluntary organizations and
cooperatives to assist such organizations and cooperatives''
and inserting ``eligible organizations described in
subsection (d), to assist the organizations'';
(C) in paragraph (3), by striking ``a private voluntary
organization or cooperative, the Administrator may provide
assistance to that organization or cooperative'' and
inserting ``an eligible organization, the Administrator may
provide assistance to the eligible organization''.
SEC. 417. GENERATION AND USE OF FOREIGN CURRENCIES.
Section 203 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``, or in a country in
the same region,'' after ``in the recipient country'';
(2) in subsection (b)--
(A) by inserting ``or in countries in the same region,''
after ``in recipient countries,''; and
(B) by striking ``10 percent'' and inserting ``15
percent'';
(3) in subsection (c), by inserting ``or in a country in
the same region,'' after ``in the recipient country,''; and
(4) in subsection (d)(2), by inserting ``or within a
country in the same region'' after ``within the recipient
country''.
SEC. 418. GENERAL LEVELS OF ASSISTANCE UNDER PUBLIC LAW 480.
Section 204(a) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724(a)) is amended--
(1) in paragraph (1), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 2,025,000 metric tons.'';
(2) in paragraph (2), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 1,550,000 metric tons.''; and
(3) in paragraph (3), by adding at the end the following:
``No waiver shall be made before the beginning of the
applicable fiscal year.''.
SEC. 419. FOOD AND CONSULTATIVE GROUP.
Section 205 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1725) is amended--
(1) in subsection (a), by striking ``private voluntary
organizations, cooperatives and indigenous non-governmental
organizations'' and inserting ``eligible organizations
described in section 202(d)(1)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``for International
Affairs and Commodity Programs'' and inserting ``of
Agriculture for Farm and Foreign Agricultural Services'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) representatives from agricultural producer groups in
the United States.'';
(3) in the second sentence of subsection (d), by inserting
``(but at least twice per year)'' after ``when appropriate'';
and
(4) in subsection (f), by striking ``1995'' and inserting
``2002''.
SEC. 420. SUPPORT OF NONGOVERNMENTAL ORGANIZATIONS.
(a) In General.--Section 306(b) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1727e(b)) is
amended--
(1) in the subsection heading, by striking ``Indigenous
Non-Governmental'' and inserting ``Nongovernmental''; and
(2) by striking ``utilization of indigenous'' and inserting
``utilization of''.
(b) Conforming Amendment.--Section 402 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1732)
is amended by striking paragraph (6) and inserting the
following:
``(6) Nongovernmental organization.--The term
`nongovernmental organization' means an organization that
works at the local level to solve development problems in a
foreign country in which the organization is located, except
that the term does not include an organization that is
primarily an agency or instrumentality of the government of
the foreign country.''.
SEC. 421. COMMODITY DETERMINATIONS.
Section 401 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731) is amended--
(1) by striking subsections (a) through (d) and inserting
the following:
``(a) Availability of Commodities.--No agricultural
commodity shall be available for disposition under this Act
if the Secretary determines that the disposition would reduce
the domestic supply of the commodity below the supply needed
to meet domestic requirements and provide adequate carryover
(as determined by the Secretary), unless the Secretary
determines that some part of the supply should be used to
carry out urgent humanitarian purposes under this Act.'';
(2) by redesignating subsections (e) and (f) as subsections
(b) and (c), respectively; and
(3) in subsection (c) (as so redesignated), by striking
``(e)(1)'' and inserting ``(b)(1)''.
SEC. 422. GENERAL PROVISIONS.
Section 403 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1733) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Consultations'' and inserting ``Impact on Local Farmers and
Economy''; and
(B) by striking ``consult with'' and all that follows
through ``other donor organizations to'';
(2) in subsection (c)--
(A) by striking ``from countries''; and
(B) by striking ``for use'' and inserting ``or use'';
(3) in subsection (f)--
(A) by inserting ``or private entities, as appropriate,''
after `'from countries''; and
(B) by inserting ``or private entities'' after ``such
countries''; and
(4) in subsection (i)(2), by striking subparagraph (C).
[[Page 343]]
SEC. 423. AGREEMENTS.
Section 404 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1734) is amended--
(1) in subsection (a), by inserting ``with foreign
countries'' after ``Before entering into agreements'';
(2) in subsection (b)(2)--
(A) by inserting `'with foreign countries'' after ``with
respect to agreements entered into''; and
(B) by inserting before the semicolon at the end the
following: ``and broad-based economic growth''; and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--Agreements to provide assistance on a
multi-year basis to recipient countries or to eligible
organizations--
``(A) may be made available under titles I and III; and
``(B) shall be made available under title II.''.
SEC. 424. ADMINISTRATIVE PROVISIONS.
Section 407 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or private entity that
enters into an agreement under title I'' after ``importing
country''; and
(B) in paragraph (2), by adding at the end the following:
``Resulting contracts may contain such terms and conditions
as the Secretary determines are necessary and appropriate.'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``importer or''
before ``importing country''; and
(B) in paragraph (2)(A), by inserting ``importer or''
before ``importing country'';
(3) in subsection (d)--
(A) by striking paragraph (2) and inserting the following:
``(2) Freight procurement.--Nothwithstanding the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) or other similar provisions of law relating to
the making or performance of Federal Government contracts,
ocean transportation under titles II and III may be procured
on the basis of such full and open competitive procedures.
Resulting contracts may contain such terms and conditions, as
the Administrator determines are necessary and
appropriate.''; and
(B) by striking paragraph (4);
(4) in subsection (g)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) an assessment of the progress towards achieving food
security in each country receiving food assistance from the
United States Government, with special emphasis on the
nutritional status of the poorest populations in each
country.''; and
(5) by striking subsection (h).
SEC. 425. EXPIRATION DATE.
Section 408 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by
striking ``1995'' and inserting ``2002''.
SEC. 426. REGULATIONS.
Section 409 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736c) is repealed.
SEC. 427. INDEPENDENT EVALUATION OF PROGRAMS.
Section 410 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736d) is repealed.
SEC. 428. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f) is
amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer of Funds.--Nothwithstanding any other
provision of law, the President may direct that--
``(1) up to 15 percent of the funds available for any
fiscal year for carrying out title I or III of this Act be
used to carry out any other title of this Act; and
``(2) up to 100 percent of funds available for title III be
used to carry out title II.''; and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Relation to Other Waiver.--Section 204(a)(3) of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1724(a)(3)) is amended by inserting ``all authority to
transfer from title I under section 412 has been exercised
with respect to that fiscal year and'' after ``any fiscal
year if''.
SEC. 429. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.
Section 413 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736g) is amended by
inserting ``title III of'' before ``this Act'' each place it
appears.
SEC. 430. USE OF CERTAIN LOCAL CURRENCY.
Title IV of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731 et seq.) (as amended by
section 222) is further amended by adding at the end the
following:
``SEC. 416. USE OF CERTAIN LOCAL CURRENCY.
``Local currency payments received by the United States
pursuant to agreements entered into under title I (as in
effect on November 27, 1990) may be utilized by the Secretary
in accordance with section 108 (as in effect on November 27,
1990).''.
SEC. 431. LEVEL OF ASSISTANCE TO FARMER TO FARMER PROGRAM.
Section 501(c) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737(c)) is amended--
(1) by striking ``0.2'' and inserting ``0.4'';
(2) by striking ``0.1'' and inserting ``0.2''; and
(3) by striking ``1991 through 1955'' and inserting ``1996
through 2002''.
SEC. 432. FOOD SECURITY COMMODITY RESERVE.
(a) Food Security Commodity Reserve Act of 1995.--The title
heading of title III of the Agricultural Act of 1980 (7
U.S.C. 1736f-1 note) is amended by striking ``FOOD SECURITY
WHEAT RESERVE ACT OF 1980'' and inserting ``FOOD SECURITY
COMMODITY RESERVE ACT OF 1995''.
(b) Short Title.--Section 301 of the Act (7 U.S.C. 1736f-1
note) is amended by striking ``Food Security Wheat Reserve
Act of 1980'' and inserting ``Food Security Commodity Reserve
Act of 1995''.
(c) In General.--Section 302 of the Act (7 U.S.C. 1736f-1)
is amended--
(1) in the section heading, by striking ``FOOD SECURITY
WHEAT RESERVE'' and inserting ``FOOD SECURITY COMMODITY
RESERVE'';
(2) so that subsection (a) reads as follows:
``(a) In General.--To provide for a reserve solely to meet
emergency humanitarian food needs in developing countries,
the Secretary shall establish a reserve stock of wheat, rice,
corn, or sorghum, or any combination of the commodities,
totaling not more than 4,000,000 metric tons for use as
described in subsection (c).'';
(3) so that subsection (b)(1) reads as follows:
``(b) Commodities in Reserve.--
``(1) In general.--The reserve established under this
section shall consist of--
``(A) wheat in the reserve established under the Food
Security Commodity Reserve Act of 1980 as of the date of
enactment of the Food For Peace Reauthorization Act of 1995;
``(B) wheat, rice, corn, and sorghum (referred to in this
section as `eligible commodities') acquired in accordance
with paragraph (2) to replenish eligible commodities released
from the reserve, including wheat to replenish wheat released
from the reserve established under the Food Security Wheat
Reserve Act of 1980 but not replenished as of the date of
enactment of the Food For Peace Reauthorization Act of 1995;
and
``(C) such rice, corn, and sorghum as the Secretary of
Agriculture (referred to in this section as the `Secretary')
may, at such time and in such manner as the Secretary
determines appropriate, acquire as a result of exchanging an
equivalent value of wheat in the reserve established under
this section.'';
(4) in subsection (b)(2)--
(A) by striking ``(2)(A) Subject to'' and inserting the
following:
``(2) Replenishment of Reserve.--
``(A) In general.--Subject to;
(B) in subparagraph (A)--
(i) by striking ``(i) of this section stocks of wheat'' and
inserting ``(i) stocks of eligible commodities'';
(ii) in clause (ii), by striking ``stocks of wheat'' and
inserting ``stocks of eligible commodities''; and
(iii) in the second sentence, by striking ``wheat'' and
inserting ``eligible commodities''; and
(C) in subpagraph (B)--
(i) by striking ``(B) Not later'' and inserting ``(B) Time
for replenishment of reserve.--Not later''; and
(ii) in clause (ii), by striking ``wheat'' and inserting
``eligible commodities'';
(5) so that subsections (c) through (f) read as follows:
``(c) Release of Eligible Commodities.--
``(1) Determination.--If the Secretary determines that the
amount of commodities allocated for minimum assistance under
section 204(a)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724(a)(1)) less the amount
of commodities allocated for minimum non-emergency assistance
under section 204(a)(2) of the Act (7 U.S.C. 1724(a)(2)) will
be insufficient to meet the need for commodities for
emergency assistance under section 202(a) of the Act (7
U.S.C. 1722(a)), the Secretary in any fiscal year may release
from the reserve--
``(A) up to 500,000 metric tons of wheat or the equivalent
value of eligible commodities other than wheat; and
``(B) any eligible commodities which under subparagraph (A)
could have been released but were not released in prior
fiscal years.
``(2) Availability of commodities.--Commodities released
under paragraph (1) shall be made available under title II of
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1721 et seq.) for emergency assistance.
``(3) Exchange.--The Secretary may exchange an eligible
commodity for another United States commodity of equal value,
including powdered milk, pulses, and vegetable oil.
``(4) Use of normal commercial practices.--To the maximum
extend practicable consistent with the fulfillment of the
purposes of this section and the effective and efficient
administration of this section, the Secretary shall use the
usual and customary channels, facilities, arrangements, and
practices of the trade and commerce.
``(5) Waiver of minimum tonnage requirements.--Nothing in
this subsection shall require the exercise of the waiver
under section 204(a)(3) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) as a
prerequisite for the release of eligible commodities under
this subsection.
``(d) Transportation and Handling Costs.--
``(1) In general.--The cost of transportation and handling
of eligible commodities
[[Page 344]]
released from the reserve established under this section
shall be paid by the Commodity Credit Corporation in
accordance with section 406 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736).
``(2) Reimbursement.--
``(A) In general.--The Commodity Credit Corporation shall
be reimbursed for the costs incurred under paragraph (1) from
the funds made available to carry out the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.)
``(B) Basis for reimbursement.--The reimbursement shall be
made on the basis of the lesser of the actual cost incurred
by the Commodity Credit Corporation less any savings achieved
as a result of decreased storage and handling costs for the
reserve.
``(C) Decreased storage and handling costs.--For purposes
of this subsection, `decreased storage and handling costs'
shall mean the total actual costs for storage and handling
incurred by the Commodity Credit Corporation for the reserve
established under title III of the Agricultural Act of 1980
in fiscal year 1995 less the total actual costs for storage
and handling incurred by the Corporation for the reserve
established under this Act in the fiscal year for which the
savings are calculated.
``(e) Management of Reserve.--The Secretary shall provide
for--
``(1) the management of eligible commodities in the reserve
as to location and quality of commodities needed to meet
emergency situations; and
``(2) the periodic rotation of eligible commodities in the
reserve to avoid spoilage and deterioration of such stocks.
``(f) Treatment of Reserve Under Other Law.--Eligible
commodities in the reserve established under this section
shall not be--
``(1) considered a part of the total domestic supply
(including carryover) for the purpose of administering the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.); and
``(2) subject to any quantitative limitation on exports
that may be imposed under section 7 of the Export
Administration Act of 1979 (50 U.S.C. App. 2406).'';
(6) in subsection (g)--
(A) by striking ``(g)(1) The'' and inserting the following:
``(g) Use of Commodity Credit Corporation.--The'';
(B) by striking ``wheat'' and inserting ``an eligible
commodity''; and
(C) by striking paragraph (2);
(7) in subsection (h)--
(A) by striking ``(h) Any'' and inserting:
``(h) Finality of Determination.--Any''; and
(B) by striking ``President or the Secretary of
Agriculture'' and inserting ``Secretary''; and
(8) in subsection (i)--
(A) by striking ``(i) The'' and inserting:
``(i) Termination of Authority.--The'';
(B) by striking ``wheat'' each place it appears and
inserting ``eligible commodities''; and
(C) by striking ``1995'' each place it appears and
inserting ``2002''.
(d) Effective Date.--Section 303 of the Act (7 U.S.C. 1736-
1 note) is amended by striking ``October 1, 1980'' and all
that follows through the end of the section and inserting
``on the date of enactment of this Act.''.
(e) Conforming Amendment.--Section 208(d)(2) of the
Agriculture Trade Suspension Adjustment Act of 1980 (7 U.S.C.
4001(d)(2)) is amended to read as follows:
``(2) Applicability of certain provisions.--Subsections
(b)(2), (c), (e), and (f) of section 302 of the Food Security
Commodity Reserve Act of 1995 shall apply to commodities in
any reserve established under paragraph (1), except that the
references to `eligible commodities' in the subsections shall
be deemed to be references to `agricultural commodities'.''.
SEC. 423. FOOD FOR PROGRESS PROGRAM.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1)'' and inserting ``(b)''; and
(ii) in the first sentence, by inserting
``intergovernmental organizations'' after ``cooperatives'';
and
(B) by striking paragraph (2);
(2) in subsection (e)(4), by striking ``203'' and inserting
``406'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``in the case of the
independent states of the former Soviet Union,'';
(B) by striking paragraph (2);
(C) in paragraph (4), by inserting ``in each of fiscal
years 1996 through 2002'' after ``may be used''; and
(D) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(4) in subsection (g), by striking ``1995'' and inserting
``2002'';
(5) in subsection (j), by striking ``shall'' and inserting
``may'';
(6) in subsection (k), by striking ``1995'' and inserting
``2002'';
(7) in subsection (l)(1)--
(A) by striking ``1991 through 1995'' and inserting ``1996
through 2002''; and
(B) by inserting ``, and to provide technical assistance
for monetization programs,'' after ``monitoring of food
assistance programs''; and
(8) in subsection (m)--
(A) by striking ``with respect to the independent states of
the former Soviet Union'';
(B) by striking ``private voluntary organizations and
cooperatives'' each place it appears and inserting
``agricultural trade organizations, intergovernmental
organizations, private voluntary organizations, and
cooperatives''; and
(C) in paragraph (2), by striking ``in the independent
states''.
Subtitle C--Amendments to Agricultural Trade Act of 1978
SEC. 451. AGRICULTURAL EXPORT PROMOTION STRATEGY.
(a) In General.--Section 103 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5603) is amended to read as follows:
``SEC. 103. AGRICULTURAL EXPORT PROMOTION STRATEGY.
``(a) In General.--The Secretary shall develop a strategy
for implementing Federal agricultural export promotion
programs that takes into account the new market opportunities
for agricultural products, including opportunities that
result from--
``(1) the North American Free Trade Agreement and the
Uruguay Round Agreements;
``(2) any accession to membership in the World Trade
Organization;
``(3) the continued economic growth in the Pacific Rim; and
``(4) other developments.
``(b) Purpose of Strategy.--The strategy developed under
subsection (a) shall encourage the maintenance, development,
and expansion of export markets for United States
agricultural commodities and related products, including
high-value and value-added products.
``(c) Goals of Strategy.--The strategy developed under
subsection (a) shall have the following goals:
``(1) By September 30, 2002, increasing the value of annual
United States agricultural exports to $60,000,000,000.
``(2) By September 30, 2002, increasing the United States
share of world export trade in agricultural products
significantly above the average United States share from 1993
through 1995.
``(3) By September 30, 2002, increasing the United States
share of world trade in high-value agricultural products to
20 percent.
``(4) Ensuring that the value of United States exports of
agricultural products increases at a faster rate than the
rate of increase in the value of overall world export trade
in agricultural products.
``(5) Ensuring that the value of United States exports of
high-value agricultural products increases at a faster rate
than the rate of increase in overall world export trade in
high-value agricultural products.
``(6) Ensuring to the extent practicable that--
``(A) substantially all obligations undertaken in the
Uruguay Round Agreement on Agriculture that provide
significantly increased access for United States agricultural
commodities are implemented to the extent required by the
Uruguay Round Agreements; or
``(B) applicable United States trade laws are used to
secure United States rights under the Uruguay Round Agreement
on Agriculture.
``(d) Priority Markets.--
``(1) Identification of markets.--In developing the
strategy required under subsection (a), the Secretary shall
identify as priority markets--
``(A) those markets in which imports of agricultural
products show the greatest potential for increase by
September 30, 2002; and
``(B) those markets in which, with the assistance of
Federal export promotion programs, exports of United States
agricultural products show the greatest potential for
increase by September 30, 2002.
``(2) Identification of supporting offices.--The President
shall identify annually in the budget of the United States
Government submitted under section 1105 of title 31, United
States Code, each overseas office of the Foreign Agricultural
Service that provides assistance to United States exporters
in each of the priority markets identified under paragraph
(1).
``(e) Report.--Not later than December 31, 2001, the
Secretary shall prepare and submit a report to Congress
assessing progress in meeting the goals established by
subsection (c).
``(f) Failure To Meet Goals.--Notwithstanding any other
law, if the Secretary determines that more than 2 of the
goals established by subsection (c) are not met by September
30, 2002, the Secretary may not carry out agricultural trade
programs under the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.) as of that date.
``(g) No Private Right of Action.--This section shall not
create any private right of action.''.
(b) Continuation of Funding.--
(1) In General.--If the Secretary of Agriculture makes a
determination under section 103(f) of the Agricultural Trade
Act of 1978 (as amended by subsection (a)), the Secretary
shall utilize funds of the Commodity Credit Corporation to
promote United States agricultural exports in a manner
consistent with the Commodity Credit Corporation Chapter Act
(15 U.S.C. 714 et seq.) and obligations pursuant to the
Uruguay Round Agreements.
(2) Funding.--The amount of Commodity Credit Corporation
funds used to carry out paragraph (1) during a fiscal year
shall not exceed the total outlays for agricultural trade
programs under the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.) during fiscal year 2002.
(c) Elimination of Report.--
[[Page 345]]
(1) In general.--Section 601 of the Agricultural Trade Act
of 1978 ( 7 U.S.C. 5711) is repealed.
(2) Conforming amendment.--The last sentence of section 603
of the Agricultural Trade Act of 1978 (7 U.S.C. 5713) is
amendment by striking ``, in a consolidated report,'' and all
that follows through ``section 601'' and inserting `` or in a
consolidated report''.
SEC. 452. EXPORT CREDITS.
(a) Export Credit Guarantee Program.--Section 202 of the
Agricultural Trade Act of 1978 ( 7 U.S.C. 5622) is amended--
(1) in subsection (a)--
(A) by striking ``Guarantees.--The'' and inserting the
following ``Guarantees.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Supplier credits.--In carrying out this section, the
Commodity credit Corporation may issue guarantees for the
repayment of credit made available for a period of not more
than 180 days by a United States exporter to a buyer in a
foreign country.'';
(2) in subsection (f)--
(A) by striking ``(f) Restrictions.--The'' and inserting
the following:
``(f) Restrictions.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Criteria for determination.--In making the
determination required under paragraph (1) with respect to
credit guarantees under subsection (b) for a country, the
Secretary may consider, in addition to financial,
macroeconomic, and monetary indicators--
``(A) whether an International Monetary Fund standby
agreement, Paris Club rescheduling plan, or other economic
restructuring plan is in place with respect to the country;
``(B) the convertibility of the currency of the country;
``(C) whether the country provides adequate legal
protection for foreign investments;
``(D) whether the country has viable financial markets;
``(E) whether the country provides adequate legal
protection for the private property rights of citizens of the
country; and
``(F) any other factors that are relevant to the ability of
the country to service the debt of the country.'';
(3) by striking subsection (h) and inserting the following:
``(h) United States Agricultural Components.--The
Commodity Credit Corporation shall finance or guarantee under
this section only United States agricultural commodities.'';
(4) in subsection (i)--
(A) by striking ``Institutions.--A financial'' and
inserting the following: ``Institutions.--
``(1) In general.--A financial'';
(B) by striking paragraph (1);
(C) by striking ``(2) is'' and inserting the following:
``(A) is'';
(D) by striking ``(3) is'' and inserting the following:
``(B) is''; and
(E) by adding at the end the following:
``(2) Third country banks.--The Commodity Credit
Corporation may guarantee under subsections (a) and (b) the
repayment of credit made available to finance an export sale
irrespective of whether the obligor is located in the country
to which the export sale is destined.''; and
(5) by striking subsection (k) and inserting the following:
``(k) Processed and High-Value Products.--
``(1) In general.--In issuing export credit guarantees
under this section, the Commodity Credit Corporation shall,
subject to paragraph (2), ensure that not less than 25
percent for each of fiscal years 1996 and 1997, 30 percent
for each of fiscal years 1998 and 1999, and 35 percent of
each of fiscal years 2000, 2001, and 2002, of the total
amount of credit guarantees issued for a fiscal year is
issued to promote the export of processed or high-value
agricultural products and that the balance is issued to
promote the export of bulk or raw agricultural commodities.
``(2) Limitation.--The percentage requirement of paragraph
(1) shall apply for a fiscal year to the extent that a
reduction in the total amount of credit guarantees issued for
the fiscal year is not required to meet the percentage
requirement.''.
(b) Funding Levels.--Section 211(b) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5641(b)) is amended--
(1) by striking paragraph (2);
(2) by redesignating subparagraph (B) of paragraph (1) as
paragraph (2) and indenting the margin of paragraph (2) (as
so redesignated) so as to align with the margin of paragraph
(1); and
(3) by striking paragraph (1) and inserting the following:
``(1) Export credit guarantees.--The Commodity Credit
Corporation shall make available for each of fiscal years
1996 through 2002 not less than $5,500,000,000 in credit
guarantees under subsections (a) and (b) of section 202.''.
(c) Definitions.--Section 102(7) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5602(7)) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) an agricultural commodity or product entirely
produced in the United States; or
``(B) a product of an agricultural commodity--
``(i) 90 percent or more of the agricultural components of
which by weight, excluding packaging and added water, is
entirely produced in the United States; and
``(ii) that the Secretary determines to be a United States
high value agricultural product.''.
(d) Regulations.--Not later than 180 days after the
effective date of this title, the Secretary of agriculture
shall issue regulations to carry out the amendments made by
this section.
SEC. 453. EXPORT PROGRAM AND FOOD ASSISTANCE TRANSFER
AUTHORITY.
The Secretary of Agriculture shall fully utilize and
aggressively implement the full range of agricultural export
programs authorized in this Act and any other Act, in any
combination, to help United States agriculture maintain and
expand export markets, promote United States agricultural
commodity and product exports, counter subsidized foreign
competition, and capitalize on potential new market
opportunities. Consistent with United States obligations
under GATT, if the Secretary determines that funds available
under 1 or more export subsidy programs cannot be fully or
effectively utilized for such programs, the Secretary may
utilize such funds for other authorized agricultural export
and food assistance programs to achieve the above objectives
and to further enhance the overall global competitiveness of
United States agriculture. Funds so utilized shall be in
addition to funds which may otherwise be authorized or
appropriated for such other agricultural export programs.
SEC. 454. ARRIVAL CERTIFICATION.
Section 401 of the Agricultural Trade Act of 1978 (7 U.S.C.
5662(a)) is amended by striking subsection (a) and inserting
the following:
``(a) Arrival Certification.--With respect to a commodity
provided, or for which financing or a credit guarantee or
other assistance is made available, under a program
authorized in section 201, 202, or 301, the Commodity Credit
Corporation shall require the exporter of the commodity to
maintain records of an official or customary commercial
nature or other documents as the Secretary may require, and
shall allow representatives of the Commodity Credit
Corporation access to the records or documents as needed, to
verify the arrival of the commodity in the country that was
the intended destination of the commodity.''.
SEC. 455. REGULATIONS.
Section 404 of the Agricultural Trade Act of 1978 (7 U.S.C.
5664) is repealed.
SEC. 456. FOREIGN AGRICULTURAL SERVICE.
Section 503 of the Agricultural Trade Act of 1978 (7 U.S.C.
5693) is amended to read as follows:
``SEC. 503. ESTABLISHMENT OF THE FOREIGN AGRICULTURAL
SERVICE.
``The Service shall assist the Secretary in carrying out
the agricultural trade policy and international cooperation
policy of the United States by--
``(1) acquiring information pertaining to agricultural
trade;
``(2) carrying out market promotion and development
activities;
``(3) providing agricultural technical assistance and
training; and
``(4) carrying out the programs authorized under this Act,
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.), and other Acts.''.
SEC. 457. REPORTS.
The first sentence of section 603 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5713) is amended by striking ``The''
and inserting ``Subject to section 217 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6917),
the''.
Subtitle D--Miscellaneous
SEC. 471. REPORTING REQUIREMENTS RELATING TO TOBACCO.
Section 214 of the Tobacco Adjustment Act of 1983 (7 U.S.C.
509) is repealed.
SEC. 472. TRIGGERED EXPORT ENHANCEMENT.
(a) Readjustment of Support Levels.--Section 1302 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-
508; 7 U.S.C. 1421 note) is repealed.
(b) Triggered Marketing Loans and Export Enhancement.--
Section 4301 of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 7 U.S.C. 1446 note) is repealed.
(c) Effective Date.--The amendments made by this section
shall be effective beginning with the 1996 crops of wheat,
feed grains, upland cotton, and rice.
SEC. 473. DISPOSITION OF COMMODITIES TO PREVENT WASTE.
Section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting after the first sentence
the following: ``The Secretary may use funds of the Commodity
Credit Corporation to cover administrative expenses of the
programs.'';
(B) in paragraph (7)(D)(iv), by striking ``one year of
acquisition'' and all that follows and inserting the
following: ``a reasonable length of time, as determined by
the Secretary, except that the Secretary may permit the use
of proceeds in a country other than the country of origin--
``(I) as necessary to expedite the transportation of
commodities and products furnished under this subsection; or
``(II) if the proceeds are generated in a currency
generally accepted in the other country.'';
(C) in paragraph (8), by striking subparagraph (C); and
[[Page 346]]
(D) by striking paragraphs (10), (11), and (12); and
(2) by striking subsection (c).
SEC. 474. DEBT-FOR-HEALTH-AND-PROTECTION SWAP.
(a) In General.--Section 1517 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1706) is
repealed.
(b) Conforming Amendment.--Subsection (e)(3) of the Food
for Progress Act of 1985 (7 U.S.C. 1736o(e)(3)) is amended by
striking ``section 106'' and inserting ``section 103''.
SEC. 475. POLICY ON EXPANSION OF INTERNATIONAL MARKETS.
Section 1207 of the Agriculture and Food Act of 1981 (7
U.S.C. 1736m) is repealed.
SEC. 476. POLICY ON MAINTENANCE AND DEVELOPMENT OF EXPORT
MARKETS.
Section 1121 of the Food Security Act of 1985 (7 U.S.C.
1736p) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b)''; and
(B) by striking paragraphs (1) through (4) and inserting
the following:
``(1) be the premier supplier of agricultural and food
products to world markets and expand exports of high value
products;
``(2) support the principle of free trade and the promotion
of fair trade in agricultural commodities and products;
``(3) cooperate fully in all efforts to negotiate with
foreign countries further reductions in tariff and nontariff
barriers to trade, including sanitary and phytosanitary
measures and trade-distorting subsidies;
``(4) aggressively counter unfair foreign trade practices
as a means of encouraging fairer trade;''.
SEC. 477. POLICY ON TRADE LIBERALIZATION.
Section 1122 of the Food Security Act of 1985 (7 U.S.C.
1736q) is repealed.
SEC. 478. AGRICULTURAL TRADE NEGOTIATIONS.
Section 1123 of the Food Security Act of 1985 (7 U.S.C.
1736r) is amended to read as follows:
``SEC. 1123. TRADE NEGOTIATIONS POLICY.
``(a) Findings.--Congress finds that--
``(1) on a level playing field, United States producers are
the most competitive suppliers of agricultural products in
the world;
``(2) exports of United States agricultural products will
account for $54,000,000,000 in 1995, contributing a net
$24,000,000,000 to the merchandise trade balance of the
United States and supporting approximately 1,000,000 jobs;
``(3) increased agricultural exports are critical to the
future of the farm, rural, and overall United States economy,
but the opportunities for increased agricultural exports are
limited by the unfair subsidies of the competitors of the
United States, and a variety of tariff and nontariff barriers
to highly competitive United States agricultural products;
``(4) international negotiations can play a key role in
breaking down barriers to United States agricultural exports;
``(5) the Uruguay Round Agreement on Agriculture made
significant progress in the attainment of increased market
access opportunities for United States exports of
agricultural products, for the first time--
``(A) restraining foreign trade-distorting domestic support
and export subsidy programs; and
``(B) developing common rules for the application of
sanitary and phytosanitary restrictions;
that should result in increased exports of United States
agricultural products, jobs, and income growth in the United
States;
``(6) the Uruguay Round Agreement on Agriculture did not
succeed in completely eliminating trade distorting domestic
support and export subsidies by--
``(A) allowing the European Union to continue unreasonable
levels of spending on export subsidies; and
``(B) failing to discipline monopolistic state trading
entities, such as the Canadian Wheat Board, that use
nontransparent and discriminatory pricing as a hidden de
facto export subsidy;
``(7) during the period 1996 through 2002, there will be
several opportunities for the United States to negotiate
fairer trade in agricultural products, including further
negotiations under the World Trade Organization, and steps
toward possible free trade agreements of the Americas and
Asian-Pacific Economic Cooperation (APEC); and
``(8) the United States should aggressively use these
opportunities to achieve more open and fair opportunities for
trade in agricultural products.
``(b) Goals of the United States in Agricultural Trade
Negotiations.--The objectives of the United States with
respect to future negotiations on agriculture trade include--
``(1) increasing opportunities for United States exports of
agricultural products by eliminating tariff and nontariff
barriers to trade;
``(2) leveling the playing field for United States
producers of agricultural products by limiting per unit
domestic production supports to levels that are no greater
than those available in the United States;
``(3) ending the practice of export dumping by eliminating
all trade distorting export subsidies and disciplining state
trading entities so that they do not (except in cases of bona
fide food aid) sell in foreign markets at below domestic
market prices nor their full costs of acquiring and
delivering agricultural products to the foreign markets; and
``(4) encouraging government policies that avoid price-
depressing surpluses.''.
SEC. 479. POLICY ON UNFAIR TRADE PRACTICES.
Section 1164 of the Food Security Act of 1985 (Public Law
99-198; 99 Stat. 1499) is repealed.
SEC. 480. AGRICULTURAL AID AND TRADE MISSIONS.
(a) In General.--The Agricultural Aid and Trade Missions
Act (7 U.S.C. 1736bb et seq.) is repealed.
(b) Conforming Amendment.--Section 7 of Public Law 100-277
(7 U.S.C. 1736bb note) is repealed.
SEC. 481. ANNUAL REPORTS BY AGRICULTURAL ATTACHES.
Section 108(b)(1)(B) of the Agricultural Act of 1954 (7
U.S.C. 1748(b)(1)(B)) is amended by striking ``including
fruits, vegetables, legumes, popcorn, and ducks''.
SEC. 482. WORLD LIVESTOCK MARKET PRICE INFORMATION.
Section 1545 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1761 note) is
repealed.
SEC. 483. ORDERLY LIQUIDATION OF STOCKS.
Sections 201 and 207 of the Agricultural Act of 1956 (7
U.S.C. 1851 and 1857) are repealed.
SEC. 484. SALES OF EXTRA LONG STAPLE COTTON.
Section 202 of the Agricultural Act of 1956 (7 U.S.C. 1852)
is repealed.
SEC. 485. REGULATIONS.
Section 707 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 7 U.S.C. 5621 note) is amended by striking
subsection (d).
SEC. 486. EMERGING MARKETS.
(a) Promotion of Agricultural Exports to Emerging
Markets.--
(1) Emerging markets.--Section 1542 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended--
(A) in the section heading, by striking ``EMERGING
DEMOCRACIES'' and inserting ``EMERGING MARKETS'';
(B) by striking ``emerging democracies'' each place it
appears in subsections (b), (d), and (e) and inserting
``emerging markets'';
(C) by striking ``emerging democracy'' each place it
appears in subsection (c) and inserting ``emerging market'';
and
(D) by striking subsection (f) and inserting the following:
``(f) Emerging Market.--In this section and section 1543,
the term `emerging market' means any country that the
Secretary determines--
``(1) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(2) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Funding.--Section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 is amended by striking
subsection (a) and inserting the following:
``(a) Funding.--The Commodity Credit Corporation shall make
available for fiscal years 1996 through 2002 not less than
$1,000,000,000 of direct credits or export credit guarantees
for exports to emerging markets under section 201 or 202 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622),
in addition to the amounts acquired or authorized under
section 211 of the Act (7 U.S.C. 5641) for the program.''.
(3) Agricultural fellowship program.--Section 1542 of the
Food, Agriculture, Conservation, and Trade Act of 1990 is
amended--
(A) in subsection (b), by striking the last sentence and
inserting the following: ``The Commodity Credit Corporation
shall give priority under this subsection to--
``(A) projects that encourage the privatization of the
agricultural sector or that benefit private farms or
cooperatives in emerging markets; and
``(B) projects for which nongovernmental persons agree to
assume a relatively larger share of the costs.''; and
(B) in subsection(d)--
(i) in the matter preceding paragraph (1), by striking
``the Soviet Union'' and inserting ``emerging markets'';
(ii) in paragraph (1)--
(I) in subparagraph (A)(i)--
(aa) by striking ``1995'' and inserting ``2002''; and
(bb) by striking ``those systems, and identify'' and
inserting ``the systems, including potential reductions in
trade barriers, and identify and carry out'';
(II) in subparagraph (B), by striking ``shall'' and
inserting ``may'';
(III) in subparagraph (D), by inserting ``(including the
establishment of extension services)'' after ``technical
assistance'';
(IV) by striking subparagraph (F);
(V) by redesignating subparagraphs (G)(H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(VI) in subparagraph (H) (as redesignated by subclause
(V)), by striking ``$10,000,000'' and inserting
``$20,000,000'';
(iii) in paragraph (2)--
(I) by striking ``the Soviet Union'' each place it appears
and inserting ``emerging markets'';
(II) in subparagraph (A), by striking ``a free market food
production and distribution system'' and inserting ``free
market food production and distribution systems'';
(III) in subparagraph (B)--
(aa) in clause (i), by striking ``Government'' and
inserting ``governments'';
(bb) in clause (iii)(II), by striking ``and'' at the end;
[[Page 347]]
(cc) in clause (iii)(III), by striking the period at the
end and inserting ``; and''; and
(dd) by adding at the end of clause (iii) the following:
``(IV) to provide for the exchange of administrators and
faculty members from agricultural and other institutions to
strengthen and revise educational programs in agricultural
economics, agribusiness, and agrarian law, to support change
towards a free market economy in emerging markets.'';
(IV) by striking subparagraph (D); and
by redesignating subparagraph (E) as subparagraph (D); and
(iv) by striking paragraph (3).
(4) United states agricultural commodity.--Subsections (b)
and (c) of section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 are amended by striking
``section 101(6)'' each place it appears and inserting
``section 102(7)''.
(5) Report.--The first sentence of section 1542(e)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by striking ``Not'' and inserting ``Subject to
section 217 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6917), not''.
(b) Agricultural Fellowship Program for Middle Income
Countries, Emerging Democracies, and Emerging Markets.--
Section 1543 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in the section heading, by striking ``MIDDLE INCOME
COUNTRIES AND EMERGING DEMOCRACIES'' and inserting ``MIDDLE
INCOME COUNTRIES, EMERGING DEMOCRACIES, AND EMERGING
MARKETS'';
(2) in subsection (b), by adding at the end the following:
``(5) Emerging market.--Any emerging market, as defined in
section 1542(f).''; and
(3) in subsection (c)(1), by striking ``food needs'' and
inserting ``food and fiber needs''.
(c) Conforming Amendments.--
(1) Section 501 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737 is amended--
(A) in subsection (a), by striking ``emerging democracies''
and inserting ``emerging markets''; and
(B) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Emerging market.--The term `emerging market' means
any country that the Secretary determines--
(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(B) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Section 201(d)(1)(C)(ii) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(d)(1)(C)(ii)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
(3) Section 202(d)(3)(B) of the Agricultural Trade Act of
1978 (7 U.S.C. 5622(d)(3)(B)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
SEC. 487. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
Part III of subtitle A of title IV of the Uruguay Round
Agreements Act (Public Law 103-465; 108 Stat. 4964) is
amended by adding at the end the following:
``SEC. 427. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS
``Not later than September 30 of fiscal year, the Secretary
of Agriculture shall determine whether the obligations
undertaken by foreign countries under the Uruguay Round
Agreement on Agriculture are being fully implemented. If the
Secretary of Agriculture determines that any foreign country,
by not implementing the obligations of the country, is
significantly constraining an opportunity for United States
agricultural exports, the Secretary shall--
``(1) submit to the United States Trade Representative a
recommendation as to whether the President should take action
under any provision of law; and
``(2) transmit a copy of the recommendation to the
Committee on Agriculture, the Committee on International
Relations, and the Committee on Ways and Means, of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, and the Committee on Finance, of the
Senate.''.
SEC. 488. SENSE OF CONGRESS CONCERNING MULTILATERAL
DISCIPLINES ON CREDIT GUARANTEES.
It is the sense of Congress that--
(1) in negotiations to establish multilateral disciplines on
agricultural export credits and credit guarantees, the United
States should not agree to any arrangement that is
incompatible with the provisions of United States law that
authorize agricultural export credits and credit guarantees;
(2) in the negotiations (which are held under the auspices
of the Organization for Economic Cooperation and
Development), the United States should not reach any
agreement that fails to impose disciplines on the practices
of foreign government trading entities such as the Australian
Wheat Board and Canadian Wheat Board; and
(3) the disciplines should include greater openness in the
operations of the entities as long as the entities are
subsidized by the foreign government or have monopolies for
exports of a commodity that are sanctioned by the foreign
government.
SEC. 489. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.)
is amended by adding at the end the following:
``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM
``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION.
``In this title, the term `eligible trade organization'
means a United States trade organization that--
``(1) promotes the export of 1 or more United States
agricultural commodities or products; and
``(2) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities
or products.
``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) In General.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and
develop foreign markets for United States agricultural
commodities and products.
``(b) Administration.--Funds made available to carry out
this title shall be used only to provide--
``(1) cost-share assistance to an eligible trade
organization under a contract or agreement with the
organization; and
``(2) assistance for other costs that are necessary or
appropriate to carry out the foreign market development
cooperator program, including contingent liabilities that are
not otherwise funded.
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of fiscal years
1996 through 2002.''.
Subtitle E--Dairy Exports
SEC. 491. DAIRY EXPORT INCENTIVE PROGRAM
(a) In General.--Section 153(c) of the Food Security Act
of 1985 (15 U.S.C. 713a-14(c)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting '';''; and
(3) by adding at the end the following new paragraphs:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States as a
member of the World Trade Organization are exported under the
program each year (minus the volume sold under section 1163
of the Food Security Act of 1985 (7 U.S.C. 1731 note) during
that year), except to the extent that the export of such a
volume under the program would, in the judgment of the
Secretary, exceed the limitations on the value set forth in
subsection (f); and
``(4) payments may be made under the program for exports to
any destination in the world for the purpose of market
development, except a destination in a country with respect
to which shipments from the United States are otherwise
restricted by law.''.
(b) Sole Discretion.--Section 153(b) of the Food Security
Act of 1985 (15 U.S.C. 713a-14(b)) is amended by inserting
``sole'' before ``discretion''.
(c) Market Development.--Section 153(e)(1) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(e)(1)) is amended--
(1) by striking ``and'' and inserting ``the''; and
(2) by inserting before the period the following: '', and
any additional amount that may be required to assist in the
development of world markets for United States dairy
products''.
(d) Maximum Allowable Amounts.--Section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14) is amended by adding
at the end the following:
``(f) Required Funding.--The Commodity Credit Corporation
shall in each year use money and commodities for the program
under this section in the maximum amount consistent with the
obligations of the United States as a member of the World
Trade Organization, minus the amount expended under section
1163 of the Food Security Act of 1985 (7 U.S.C. 1731 note)
during that year. However, the Commodity Credit Corporation
may not exceed the limitations specified in subsection (c)(3)
on the volume of allowable dairy product exports.''.
(e) Conforming Amendment.--Section 153(a) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(a)) is amended by
striking ``2001'' and inserting ``2002''.
SEC. 492. AUTHORITY TO ASSIST IN ESTABLISHMENT AND
MAINTENANCE OF EXPORT TRADING COMPANY.
The Secretary of Agriculture shall, consistent with the
obligations of the United States as a member of the World
Trade Organization, provide such advice and assistance to the
United States dairy industry as may be necessary to enable
that industry to establish and maintain an export trading
company under the Export Trading Company Act of 1982 (15
U.S.C. 4001 et seq.) for the purpose of facilitating the
international market development for and exportation of dairy
products produced in the United States.
SEC. 493. STANDBY AUTHORITY TO INDICATE ENTITY BEST SUITED TO
PROVIDE INTERNATIONAL MARKET DEVELOPMENT AND
EXPORT SERVICES.
(a) Indication of Entity Best Suited to Assist
International Market Development for and Export of United
States Dairy Products.--If--
(1) the United States dairy industry has not established an
export trading company
[[Page 348]]
under the Export Trading Company Act of 1982 (15 U.S.C. 4001
et seq.) for the purpose of facilitating the international
market development for an exportation of dairy products
produced in the United States on or before June 30, 1996; or
(2) the quantity of exports of United States dairy products
during the 12-month period preceding July 1, 1997 does not
exceed the quantity of exports of United States dairy
products during the 12-month period preceding July 1, 1996 by
1.5 billion pounds (milk equivalent, total solids basis);
the Secretary of Agriculture is directed to indicate which
entity autonomous of the Government of the United States is
best suited to facilitate the international market
development for and exportation of United States dairy
products.
(b) Funding of Export Activities.--The Secretary shall
assist the entity in identifying sources of funding for the
activities specified in subsection (a) from within the diary
industry and elsewhere.
(c) Application of Section.--This section shall apply
only during the period beginning on July 1, 1997 and ending
on September 30, 2000.
SEC. 494. STUDY AND REPORT REGARDING POTENTIAL IMPACT OF
URUGUAY ROUND ON PRICES, INCOME AND GOVERNMENT
PURCHASES.
(a) Study.--The Secretary of Agriculture shall conduct a
study, on a variety by variety of cheese basis, to determine
the potential impact on milk prices in the United States,
dairy producer income, and Federal dairy program costs, of
the allocation of additional cheese granted access to the
United States as a result of the obligations of the United
States as a member of the world Trade Organization.
(b) Report.--Not later than June 30, 1997, the Secretary
shall report to the Committees on Agriculture of the Senate
and the House of Representatives the results of the study
conducted under this section.
(c) Rule of Construction.--Any limitation imposed by Act
of Congress on the conduct or completion of studies or
reports to Congress shall not apply to the study and report
required under this section unless such limitation explicitly
references this section in doing so.
SEC. 495. PROMOTION OF UNITED STATES DAIRY PRODUCTS IN
INTERNATIONAL MARKETS THROUGH DAIRY PROMOTION
PROGRAM.
Section 113(e) of the Dairy Production Stabilization Act
of 1983 (7 U.S.C. 4504(e)) is amended by adding at the end
the following new sentence: ``For each of the fiscal years
1996 through 2000, the Board's budget shall provide for the
expenditure of not less than 10 percent of the anticipated
revenues available to the Board to develop international
markets for, and to promote within such markets, the
consumption of dairy products produced in the United States
from milk produced in the United States.''.
TITLE V--MISCELLANEOUS
SEC. 501. CROP INSURANCE.
(a) Catastrophic Risk Protection.--Section 508(b) of the
Federal Crop Insurance Act (7 U.S.C. 1508(b)) is amended--
(1) in paragraph (4), by adding at the end the following:
``(C) Delivery of coverage.--
``(i) In general.--In full consultation with approved
insurance providers, the Secretary may continue to offer
catastrophic risk protection in a State (or a portion of a
State) through local offices of the Department if the
Secretary determines that there is an insufficient number of
approved insurance providers operating in the State or
portion to adequately provide catastrophic risk protection
coverage to producers.
``(ii) Coverage by approved insurance providers.--To the
extent that catastrophic risk protection coverage by approved
insurance providers is sufficiently available in a State as
determined by the Secretary, only approved insurance
providers may provide the coverage in the State.
``(iii) Current policies.--Subject to clause (ii), all
catastrophic risk protection policies written by local
offices of the Department shall be transferred to the
approved insurance provider for performance of all sales,
service, and loss adjustment functions. Any fees in
connection with such policies that are not yet collected at
the time of the transfer shall be payable to the approved
insurance providers assuming the policies.''; and
(2) in paragraph (7), by striking subparagraph (A) and
inserting the following:
``(A) In general.--Effective for the spring-planted 1996
and subsequent crops, to be eligible for any payment or loan
under title I of the Agricultural Market Transition Act or
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et
seq.), for the conservation reserve program, or for any
benefit described in section 371 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008f), a person shall--
``(i) obtain at least the catastrophic level of insurance
for each crop of economic significance in which the person
has an interest; or
``(ii) provide a written waiver to the Secretary that
waives any eligibility for emergency crop loss assistance in
connection with the crop.''.
(b) Coverage of Seed Crops.--Section 519(a)(2)(B) of the
Act (7 U.S.C. 1519(a)(2)(B)) is amended by inserting ``seed
crops,'' after ``turfgrass sod,''.
SEC. 502. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND
INSPECTION FEES.
Subsection (a) of section 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136a) is
amended to read as follows:
``(a) Quarantine and Inspection Fees.--
``(1) Fees authorized.--The Secretary of Agriculture may
prescribe and collect fees sufficient--
``(A) to cover the cost of providing agricultural
quarantine and inspection services in connection with the
arrival at a port in the customs territory of the United
States, or the preclearance or preinspection at a site
outside the customs territory of the United States, of an
international passenger, commercial vessel, commercial
aircraft, commercial truck, or railroad car;
``(B) to cover the cost of administering this subsection;
and
``(C) through fiscal year 2002, to maintain a reasonable
balance in the Agricultural Quarantine Inspection User Fee
Account established under paragraph (5).
``(2) Limitation.--In setting the fees under paragraph (1),
the Secretary shall ensure that the amount of the fees are
commensurate with the costs of agricultural quarantine and
inspection services with respect to the class of persons or
entities paying the fees. The costs of the services with
respect to passengers as a class includes the costs of
related inspections of the aircraft or other vehicle.
``(3) Status of fees.--Fees collected under this subsection
by any person on behalf of the Secretary are held in trust
for the United States and shall be remitted to the Secretary
in such manner and at such times as the Secretary may
prescribe.
``(4) Late payment penalties.--If a person subject to a fee
under this subsection fails to pay the fee when due, the
Secretary shall assess a late payment penalty, and the
overdue fees shall accrue interest, as required by section
3717 of title 31, United States Code.
``(5) Agricultural quarantine inspection user fee
account.--
``(A) Establishment.--There is established in the Treasury
of the United States a no-year fund, to be known as the
`Agricultural Quarantine Inspection User Fee Account', which
shall contain all of the fees collected under this subsection
and late payment penalties and interest charges collected
under paragraph (4) through fiscal year 2002.
``(B) Use of account.--For each of the fiscal years 1996
through 2002, funds in the Agricultural Quarantine Inspection
User Fee Account shall be available, in such amounts as are
provided in advance in appropriations Acts, to cover the
costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. Amounts made available under this
subparagraph shall be available until expended.
``(C) Excess fees.--Fees and other amounts collected under
this subsection in any of the fiscal years 1996 through 2002
in excess of $100,000,000 shall be available for the purposes
specified in subparagraph (B) until expended, without further
appropriation.
``(6) Use of amounts collected after fiscal year 2002.--
After September 30, 2002, the unobligated balance in the
Agricultural Quarantine Inspection User Fee Account and fees
and other amounts collected under this subsection shall be
credited to the Department of Agriculture accounts that incur
the costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. The fees and other amounts shall remain
available to the Secretary until expended without fiscal year
limitation.
``(7) Staff years.--The number of full-time equivalent
positions in the Department of Agriculture attributable to
the provision of agricultural quarantine and inspection
services and the administration of this subsection shall not
be counted toward the limitation on the total number of full-
time equivalent positions in all agencies specified in
section 5(b) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 5 U.S.C. 3101 note) or other
limitation on the total number of full-time equivalent
positions.''.
SEC. 503. COMMODITY CREDIT CORPORATION INTEREST RATE.
Notwithstanding any other provision of law, the monthly
Commodity Credit Corporation interest rate applicable to
loans provided for agricultural commodities by the
Corporation shall be 100 basis points greater than the rate
determined under the applicable interest rate formula in
effect on October 1, 1995.
SEC. 504. ESTABLISHMENT OF OFFICE OF RISK MANAGEMENT.
(a) Establishment.--The Department of Agriculture
Reorganization Act of 1994 is amended by inserting after
section 226 (7 U.S.C. 6932) the following new section:
``SEC. 226A. OFFICE OF RISK MANAGEMENT.
``(a) Establishment.--Subject to subsection (e), the
Secretary shall establish and maintain in the Department an
independent Office of Risk Management.
``(b) Functions of the Office of Risk Management.--The
Office of Risk Management shall have jurisdiction over the
following functions:
``(1) Supervision of the Federal Crop Insurance
Corporation.
``(2) Administration and oversight of all aspects,
including delivery through local offices of the Department,
of all programs authorized under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
``(3) Any pilot or other programs involving revenue
insurance, risk management savings
[[Page 349]]
accounts, or the use of the futures market to manage risk and
support farm income that may be established under the Federal
Crop Insurance Act or other law.
``(4) Such other functions as the Secretary considers
appropriate.
``(c) Administrator.--
``(1) The Office of Risk Management shall be headed by an
Administrator who shall be appointed by the Secretary.
``(2) The Administrator of the Office of Risk Management
shall also serve as Manager of the Federal Crop Insurance
Corporation.
``(d) Resources.--
``(1) Functional coordination.--Certain functions of the
Office of Risk Management, such as human resources, public
affairs, and legislative affairs, may be provided by a
consolidation of such functions under the Under Secretary of
Agriculture for Farm and Foreign Agricultural Services.
``(2) Minimum provisions.--Notwithstanding paragraph (1) or
any other provision of law or order of the Secretary, the
Secretary shall provide the Office of Risk Management with
human and capital resources sufficient for the Office to
carry out its functions in a timely and efficient manner.''.
(b) Fiscal Year 1996 Funding.--From funds appropriated for
the salaries and expenses of the Consolidated Farm Service
Agency in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1996
(Public Law 104-37), the Secretary of Agriculture may use
such sums as necessary for the salaries and expenses of the
Office of Risk Management established under subsection (a).
(c) Conforming Amendment.--Section 226(b) of the Act (7
U.S.C. 6932(b)) is amended by striking paragraph (2).
SEC. 505. BUSINESS INTERRUPTION INSURANCE PROGRAM.
(a) Establishment of Program.--Not later than December 31,
1996, the Secretary of Agriculture shall implement a program
(to be known as the ``Business Interruption Insurance
Program''), under which the producer of a contract commodity
could elect to obtain revenue insurance coverage to ensure
that the producer receives an indemnity payment if the
producer suffers a loss of revenue. The nature and extent of
the program and the manner of determining the amount of an
indemnity payment shall be established by the Secretary.
(b) Report on Progress and Proposed Expansion.--Not later
than January 1, 1998, the Secretary shall submit to the
Commission on 21st Century Production Agriculture the data
and results of the program through October 1, 1997. In
addition, the Secretary shall submit information and
recommendations to the Commission with respect to the program
that will serve as the basis for the Secretary to offer
revenue insurance to agricultural producers, at one or more
levels of coverage, that--
(1) is in addition to, or in lieu of, catastrophic and
higher levels of crop insurance;
(2) is offered through reinsurance arrangements with
private insurance companies;
(3) is actuarially sound; and
(4) requires the payment of premiums and administrative
fees by participating producers.
(c) Contract Commodity Defined.--In this section, the term
``contract commodity'' means a crop of wheat, corn, grain
sorghum, oats, barley, upland cotton, or rice.
SEC. 506. CONTINUATION OF OPTIONS PILOT PROGRAM.
During the 1996 through 2002 crop years, the Secretary of
Agriculture may continue to conduct the options pilot program
authorized by the Options Pilot Program Act of 1990 (subtitle
E of title XI of Public Law 101-624; 104 Stat. 3518; 7 U.S.C.
1421 note). To the extent that the Secretary decides to
continue the options pilot program, the Secretary shall
modify the terms and conditions of the pilot program to
reflect the changes to law made by this Act.
SEC. 507. EVERGLADES AGRICULTURAL AREA.
(a) In General.--On July 1, 1996, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide $210,000,000 to the Secretary of the
Interior to carry out this section.
(b) Entitlement.--The Secretary of the Interior--
(1) shall accept the funds made available under subsection
(a):
(2) shall be entitled to receive the funds; and
(3) shall use the funds to conduct restoration activities
in the Everglades ecosystem, which may include acquiring
private acreage in the Everglades Agricultural Area including
approximately 52,000 acres that is commonly known as the
``Talisman tract''.
(c) Transferring Funds.--The Secretary of the Interior may
transfer funds to the Army Corps of Engineers, the State of
Florida, or the South Florida Water Management District to
carry out subsection (b)(3).
(d) Deadline.--Not later than December 31, 1999, the
Secretary of the Interior shall utilize the funds for
restoration activities referred to in subsection (b)(3).
SEC. 508. SENSE OF CONGRESS REGARDING PURCHASE OF AMERICAN-
MADE EQUIPMENT AND PRODUCTS; REQUIREMENT
REGARDING NOTICE.
(a) Purchase of American-made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act or amendments made by this Act, it is the sense of the
Congress that persons receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act or amentments made by
this Act, the Secretary of Agriculture shall provide to each
recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
TITLE VI--COMMISSION ON 21ST CENTURY PRODUCTION AGRICULTURE
SEC. 601. ESTABLISHMENT.
There is hereby established a commission to be known as the
``Commission on 21st Century Production Agriculture'' (in
this title referred to as the ``Commission'').
SEC. 602. COMPOSITION.
(a) Membership and Appointment.--The Commission shall be
composed of 11 members, appointed as follows:
(1) Three members shall be appointed by the President.
(2) Four members shall be appointed by the Chairman of the
Committee on Agriculture of the House of Representatives in
consultation with the ranking minority member of the
Committee.
(3) Four members shall be appointed by the Chairman of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate in consultation with the ranking minority member of
the Committee.
(b) Qualifications.--At least one of the members appointed
under each of the paragraphs (1), (2), and (3) of subsection
(a) shall be an individual who is primarily involved in
production agriculture. All other members of the Commission
shall be appointed from among individuals having knowledge
and experience in agricultural production, marketing,
finance, or trade.
(c) Term of Members; Vacancies.--Members of the Commission
shall be appointed for the life of the Commission. A vacancy
on the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment was
made.
(d) Time for Appointment; First Meeting.--The members of
the Commission shall be appointed not later than October 1,
1997. The Commission shall convene its first meeting to carry
out its duties under this Act 30 days after six members of
the Commission have been appointed.
(e) Chairman.--The chairman of the Commission shall be
designated jointly by the Chairman of the Committee on
Agriculture of the House of Representatives and the Chairman
of the Committee on Agriculture, Nutrition, and Forestry of
the Senate from among the members of the Commission.
SEC. 603. COMPREHENSIVE REVIEW OF PAST AND FUTURE OF
PRODUCTION AGRICULTURE.
(a) Initial Review.--The Commission shall conduct a
comprehensive review of changes in the condition of
production agriculture in the United States since the date of
the enactment of this Act and the extent to which such
changes are the result of the amendments made by this Act.
The review shall include the following:
(1) An assessment of the initial success of production
flexibility contracts under section 103 in supporting the
economic viability of farming in the United States.
(2) An assessment of the food security situation in the
United States in the areas of trade, consumer prices,
international competitiveness of United States production
agriculture, food supplies, and humanitarian relief.
(3) An assessment of the changes in farmland values and
agricultural producer incomes since the date of the enactment
of this Act.
(4) An assessment of the extent to which regulatory relief
for agricultural producers has been enacted and implemented,
including the application of cost/benefit principles in the
issuance of agricultural regulations.
(5) An assessment of the extent to which tax relief for
agricultural producers has been enacted in the form of
capital gains tax reductions, estate tax exemptions, and
mechanisms to average tax loads over high and low income
years.
(6) An assessment of the effect of any Government
interference in agricultural export markets, such as the
imposition of trade embargoes, and the degree of
implementation and success of international trade agreements.
(7) An assessment of the likely affect of the sale, lease,
or transfer of farm poundage quota for peanuts across State
lines.
(b) Subsequent Review.--The Commission shall conduct a
comprehensive review of the future of production agriculture
in the United States and the appropriate role of the Federal
Government in support of production agriculture. The review
shall include the following:
(1) An assessment of changes in the condition of production
agriculture in the United States since the initial review
conducted under subsection (a).
(2) Identification of the appropriate future relationship
of the Federal Government with production agriculture after
2002.
(3) An assessment of the personnel and infrastructure
requirements of the Department of Agriculture necessary to
support the future relationship of the Federal Government
with production agriculture.
(c) Recommendations.--In carrying out the subsequent review
under subsection (b), the Commission shall develop specific
recommendations for legislation to achieve the appropriate
future relationship of the Federal Government with production
agriculture identified under subsection (a)(2).
[[Page 350]]
SEC. 604. REPORTS.
(a) Report on Initial Review.--Not later than June 1, 1998,
the Commission shall submit to the President, the Committee
on Agriculture of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report containing the results of the initial review
conducted under section 603(a).
(b) Report on Subsequent Review.--Not later than January 1,
2001, the Commission shall submit to the President and the
congressional committees specified in subsection (a) a report
containing the results of the subsequent review conducted
under section 603(b).
SEC. 605. POWERS.
(a) Hearings.--The Commission may, for the purpose of
carrying out this Act, conduct such hearings, sit and act at
such times, take such testimony, and receive such evidence,
as the Commission considers appropriate.
(b) Assistance From Other Agencies.--The Commission may
secure directly from any department or agency of the Federal
Government such information as may be necessary for the
Commission to carry out its duties under this Act. Upon
request of the chairman of the Commission, the head of the
department or agency shall, to the extent permitted by law,
furnish such information to the Commission.
(c) Mail.--The Commission may use the United States mails
in the same manner and under the same conditions as the
departments and agencies of the Federal Government.
(d) Assistance From Secretary.--The Secretary of
Agriculture shall provide to the Commission appropriate
office space and such reasonable administrative and support
services as the Commission may request.
SEC. 606. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet on a regular basis
(as determined by the chairman) and at the call of the
chairman or a majority of its members.
(b) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
SEC. 607. PERSONNEL MATTERS.
(a) Compensation.--Each member of the Commission shall
serve without compensation, but shall be allowed travel
expenses including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code,
when engaged in the performance of Commission duties.
(b) Staff.--The Commission shall appoint a staff director,
who shall be paid at a rate not to exceed the maximum rate of
basic pay under section 5376 of title 5, United States Code,
and such professional and clerical personnel as may be
reasonable and necessary to enable the Commission to carry
out its duties under this Act without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title, or any other provision of law, relating to
the number, classification, and General Schedule rates. No
employee appointed under this subsection (other than the
staff director) may be compensated at a rate to exceed the
maximum rate applicable to level GS-15 of the General
Schedule.
(c) Detailed Personnel.--Upon request of the chairman of
the Commission, the head of any department or agency of the
Federal Government is authorized to detail, without
reimbursement, any personnel of such department or agency to
the Commission to assist the Commission in carrying out its
duties under this section. The detail of any such personnel
may not result in the interruption or loss of civil service
status or privilege of such personnel.
SEC. 608. TERMINATION OF COMMISSION.
The Commission shall terminate upon submission of the final
report required by section 604.
TITLE VII--EXTENSION OF CERTAIN AUTHORITIES
SEC. 701. EXTENSION OF AUTHORITY UNDER PUBLIC LAW 480.
Section 408 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by
striking ``1995'' and inserting ``1996''.
SEC. 702. EXTENSION OF FOOD FOR PROGRESS PROGRAM.
Section 1110 of the Food Security Act of 1985 (7 U.S.C.
1736o), also known as the Food for Progress Act of 1985, is
amended--
(1) in subsection (k), by striking ``1995'' and inserting
``1996''; and
(2) in subsection (l), by striking ``1995'' and inserting
``1996''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. STENHOLM moved to recommit the bill to the Committee on
Agriculture with instructions to report the bill back to the House
forthwith with the following amendment in the nature of substitute:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Agricultural Reform and Improvement Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Production flexibility contracts.
Sec. 104. Nonrecourse marketing assistance loans and loan deficiency
payments.
Sec. 105. Payment limitations.
Sec. 106. Peanut program.
Sec. 107. Sugar program.
Sec. 108. Administration.
Sec. 109. Suspension and repeal of permanent authorities.
Sec. 110. Effect of amendments.
Sec. 111. Dairy.
TITLE II--AGRICULTURAL TRADE
Subtitle A--Market Promotion Program and Export Enhancement Program
Sec. 201. Market promotion program.
Sec. 202. Export enhancement program.
Subtitle B--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
Sec. 211. Food aid to developing countries.
Sec. 212. Trade and development assistance.
Sec. 213. Agreements regarding eligible countries and private entities.
Sec. 214. Terms and conditions of sales.
Sec. 215. Use of local currency payment.
Sec. 216. Eligible organizations.
Sec. 217. Generation and use of foreign currencies.
Sec. 218. General levels of assistance under Public Law 480.
Sec. 219. Food aid consultative group.
Sec. 220. Support of nongovernmental organizations.
Sec. 221. Commodity determinations.
Sec. 222. General provisions.
Sec. 223. Agreements.
Sec. 224. Administrative provisions.
Sec. 225. Expiration date.
Sec. 226. Regulations.
Sec. 227. Independent evaluation of programs.
Sec. 228. Authorization of appropriations.
Sec. 229. Coordination of foreign assistance programs.
Sec. 230. Use of certain local currency.
Sec. 231. Level of assistance to farmer to farmer program.
Sec. 232. Food security commodity reserve.
Sec. 233. Food for progress program.
Subtitle C--Amendments to Agricultural Trade Act of 1978
Sec. 251. Agricultural export promotion strategy.
Sec. 252. Export credits.
Sec. 253. Export program and food assistance transfer authority.
Sec. 254. Arrival certification.
Sec. 255. Regulations.
Sec. 256. Foreign agricultural service.
Sec. 257. Reports.
Subtitle D--Miscellaneous
Sec. 271. Reporting requirements relating to tobacco.
Sec. 272. Triggered export enhancement.
Sec. 273. Disposition of commodities to prevent waste.
Sec. 274. Debt-for-health-and-protection swap.
Sec. 275. Policy on expansion of international markets.
Sec. 276. Policy on maintenance and development of export markets.
Sec. 277. Policy on trade liberalization.
Sec. 278. Agricultural trade negotiations.
Sec. 279. Policy on unfair trade practices.
Sec. 280. Agricultural aid and trade missions.
Sec. 281. Annual reports by agricultural attaches.
Sec. 282. World livestock market price information.
Sec. 283. Orderly liquidation of stocks.
Sec. 284. Sales of extra long staple cotton.
Sec. 285. Regulations.
Sec. 286. Emerging markets.
Sec. 287. Implementation of commitments under Uruguay Round agreements.
Sec. 288. Sense of Congress concerning multilateral disciplines on
credit guarantees.
Sec. 289. Foreign market development cooperator program.
Subtitle E--Dairy Exports
Sec. 291. Dairy export incentive program.
Sec. 292. Authority to assist in establishment and maintenance of
export trading company.
Sec. 293. Standby authority to indicate entity best suited to provide
international market development and export services.
Sec. 294. Study and report regarding potential impact of Uruguay Round
on prices, income and government purchases.
Sec. 295. Promotion of American dairy products in international markets
through dairy promotion program.
TITLE III--CONSERVATION
Subtitle A--Environmental Conservation Acreage Reserve Program
Sec. 311. Environmental conservation acreage reserve program.
Sec. 312. Conservation reserve program.
Sec. 313. Wetlands reserve program.
Sec. 314. Environmental quality incentives program.
Subtitle B--Conservation Funding
Sec. 321. Conservation funding.
Subtitle C--Miscellaneous
Sec. 351. Forestry.
Sec. 352. State technical committees.
Sec. 353. Conservation of private grazing land.
[[Page 351]]
Sec. 354. Conforming amendments.
Sec. 355. Water bank program.
Sec. 356. Flood water retention pilot projects.
Sec. 357. Wetland conservation exemption.
Sec. 358. Resource conservation and development program
reauthorization.
Sec. 359. Conservation reserve new acreage.
Sec. 360. Repeal of report requirement.
Sec. 361. Watershed Protection and Flood Prevention Act Amendments.
TITLE IV--NUTRITION ASSISTANCE
Sec. 401. Food stamp program.
Sec. 402. Commodity distribution program; commodity supplemental food
program.
Sec. 403. Emergency food assistance program.
Sec. 404. Soup kitchens program.
Sec. 405. National commodity processing.
TITLE V--MISCELLANEOUS
Sec. 501. Investment for agriculture and rural America.
Sec. 502. Collection and use of agricultural quarantine and inspection
fees.
Sec. 503. Everglades agricultural area.
TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Agricultural Market
Transition Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Considered planted.--The term ``considered planted''
means acreage that is considered planted under title V of the
Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) (as in
effect prior to the suspension under section 110(b)(1)(J)).
(2) Contract.--The term ``contract'' means a production
flexibility contract entered into under section 103.
(3) Contract acreage.--The term ``contract acreage'' means
1 or more crop acreage bases established for contract
commodities under title V of the Agricultural Act of 1949 (as
in effect prior to the suspension under section 110(b)(1)(J))
that would have been in effect for the 1996 crop (but for the
suspension under section 110(b)(1)(J)).
(4) Contract commodity.--The term ``contract commodity''
means wheat, corn, grain sorghum, barley, oats, upland
cotton, and rice.
(5) Contract payment.--The term ``contract payment'' means
a payment made under section 103 pursuant to a contract.
(6) Corn.--The term ``corn'' means field corn.
(7) Department.--The term ``Department'' means the United
States Department of Agriculture.
(8) Farm program payment yield.--The term ``farm program
payment yield'' means the farm program payment yield
established for the 1995 crop of a contract commodity under
title V of the Agricultural Act of 1949 (as in effect prior
to the suspension under section 110(b)(1)(J)).
(9) Loan commodity.--The term ``loan commodity'' means each
contract commodity, extra long staple cotton, and oilseeds.
(10) Oilseed.--The term ``oilseed'' means a crop of
soybeans, sunflower seed, rapeseed, canola, safflower,
flaxseed, mustard seed, or, if designated by the Secretary,
other oilseeds.
(11) Person.--The term ``person'' means an individual,
partnership, firm, joint-stock company, corporation,
association, trust, estate, or State agency.
(12) Producer.--
(A) In general.--The term ``producer'' means a person who,
as owner, landlord, tenant, or sharecropper, shares in the
risk of producing a crop, and is entitled to share in the
crop available for marketing from the farm, or would have
shared had the crop been produced.
(B) Hybrid seed.--The term ``producer'' includes a person
growing hybrid seed under contract. In determining the
interest of a grower of hybrid seed in a crop, the Secretary
shall not take into consideration the existence of a hybrid
seed contract.
(13) Program.--The term ``program'' means the agricultural
market transition program established under this title.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(16) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
SEC. 103. PRODUCTION FLEXIBILITY CONTRACTS.
(a) Contracts Authorized.--
(1) Offer and terms.--Beginning as soon as practicable
after the date of the enactment of this title, the Secretary
shall offer to enter into a contract with an eligible owner
or operator described in paragraph (4) on a farm containing
eligible farmland. Under the terms of a contract, the owner
or operator shall agree, in exchange for annual contract
payments, to comply with--
(A) the highly erodible land conservation requirements
under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3812 et. seq) applicable to each farm on
which the owner or operator has an interest;
(B) wetland protection requirements under subtitle C of
title XII of the Act 16 U.S.C. 3821 et seq.) applicable to
each farm on which the owner or operator has an interest;
(C) the planting flexibility requirements of subsection
(j); and
(D) regulations issued by the Secretary with respect to
contract acreage intended to assure that--
(i) contract acreage devoted to conservation uses is
protected from weeds and wind and water erosion; and
(ii) contract acreage is not devoted to nonagricultural
uses.
(2) Highly erodible land conservation.--For contracts
subject to the terms of paragraph (1)(A), violations of the
contract will be subject to the terms of subtitle B of title
XII of the Food Security Act of 1985 (16 U.S.C. 3812 et
seq.).;
(3) Wetlands conservation.--For contracts subject to the
terms of paragraph (1)(B), violations of the contract will be
subject to the terms of subtitle C of title XII of the Food
Security Act of 1985 (16 U.S.C. 3821 et seq.).
(4) Eligible owners and operators described.--The following
persons shall be considered to be an owner or operator
eligible to enter into a contract:
(A) An owner of eligible farmland who assumes all of the
risk of producing a crop.
(B) An owner of eligible farmland who shares in the risk of
producing a crop.
(C) An operator of eligible farmland with a share-rent
lease of the eligible farmland, regardless of the length of
the lease, if the owner enters into the same contract.
(D) An operator of eligible farmland who cash rents the
eligible farmland under a lease expiring on or after
September 30, 2002, in which case the consent of the owner is
not required.
(E) An operator of eligible farmland who cash rents the
eligible farmland under a lease expiring before September 30,
2002, if the owner consents to the contract.
(F) An owner of eligible farmland who cash rents the
eligible farmland and the lease term expires before September
30, 2002, but only if the actual operator of the farm
declines to enter into a contract. In the case of an owner
covered by this subparagraph, contract payments shall not
begin under a contract until the fiscal year following the
fiscal year in which the lease held by the nonparticipating
operator expires.
(G) An owner or operator described in a preceding
subparagraph regardless of whether the owner or operator
purchased catastrophic risk protection for a fall-planted
1996 crop under section 508(b) of the Federal Crop Insurance
Act (7 U.S.C. 1508(b)).
(5) Tenants and sharecroppers.--In carrying out this
section, the Secretary shall provide adequate safeguards to
protect the interests of operators who are tenants and
sharecroppers.
(b) Elements.--
(1) Time for contracting.--
(A) Deadline.--Except as provided in subparagraph (B), the
Secretary may not enter into a contract after April 15, 1996.
(B) Conservation reserve lands.--
(i) In general.--At the beginning of each fiscal year, the
Secretary shall allow an eligible owner or operator on a farm
covered by a conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) that terminates after the date specified in
subparagraph (A) to enter into or expand a production
flexibility contract to cover the contract acreage of the
farm that was subject to the former conservation reserve
contract.
(ii) Amount.--Contract payments made for contract acreage
under this subparagraph shall be made at the rate and amount
applicable to the annual contract payment level for the
applicable crop.
(2) Duration of contract.--
(A) Beginning date.--A contract shall begin with--
(i) the 1996 crop of a contract commodity; or
(ii) in the case of acreage that was subject to a
conservation reserve contract described in paragraph (1)(B),
the date the production flexibility contract was entered into
or expanded to cover the acreage.
(B) Ending date.--A contract shall extend through the 2002
crop.
(3) Estimation of contract payments.--At the time the
Secretary enters into a contract, the Secretary shall provide
an estimate of the minimum contract payments anticipated to
be made during at least the first fiscal year for which
contract payments will be made.
(c) Eligible Farmland Described.--Land shall be considered
to be farmland eligible for coverage under a contract only if
the land has contract acreage attributable to the land and--
(1) for at least 1 of the 1991 through 1995 crops, at least
a portion of the land was enrolled in the acreage reduction
program authorized for a crop of a contract commodity under
section 101B, 103B, 105B, or 107B of the Agricultural Act of
1949 (as in effect prior to the amendment made by section
110(b)(2)) or was considered planted, including land on a
farm that is owned or leased by a beginning farmer (as
determined by the Secretary) that the Secretary determines is
necessary to establish a fair and equitable crop acreage
base;
(2) was subject to a conservation reserve contract under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) whose term expired, or was voluntarily terminated, on
or after January 1, 1995; or
(3) is released from coverage under a conservation reserve
contract by the Secretary during the period beginning on
January 1, 1995, and ending on the date specified in
subsection (b)(1)(A).
(d) Time for Payment.--
(1) In general.--An annual contract payment shall be made
not later than Sep
[[Page 352]]
tember 30 of each of fiscal years 1996 through 2002.
(2) Advance payments.--
(A) Fiscal year 1996.--At the option of the owner or
operator, 50 percent of the contract payment for fiscal year
1996 shall be made not later than June 15, 1996.
(B) Subsequent fiscal years.--At the option of the owner or
operator for fiscal year 1997 and each subsequent fiscal
year, 50 percent of the annual contract payment shall be made
on December 15.
(e) Amounts Available for Contract Payments for Each Fiscal
Year.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, expend on a fiscal year basis the following
amounts to satisfy the obligations of the Secretary under all
contracts:
(A) For fiscal year 1996, $5,570,000,000.
(B) For fiscal year 1997, $5,385,000,000.
(C) For fiscal year 1998, $5,800,000,000.
(D) For fiscal year 1999, $5,603,000,000.
(E) For fiscal year 2000, $5,130,000,000.
(F) For fiscal year 2001, $4,130,000,000.
(G) For fiscal year 2002, $4,008,000,000.
(2) Allocation.--The amount made available for a fiscal
year under paragraph (1) shall be allocated as follows:
(A) For wheat, 26.26 percent.
(B) For corn, 46.22 percent.
(C) For grain sorghum, 5.11 percent.
(D) For barley, 2.16 percent.
(E) For oats, 0.15 percent.
(F) For upland cotton, 11.63 percent.
(G) For rice, 8.47 percent.
(3) Adjustment.--The Secretary shall adjust the amounts
allocated for each contract commodity under paragraph (2) for
a particular fiscal year by--
(A) subtracting an amount equal to the amount, if any,
necessary to satisfy payment requirements under sections
103B, 105B, and 107B of the Agricultural Act of 1949 (as in
effect prior to the amendment made by section 110(b)(2)) for
the 1994 and 1995 crops of the commodity;
(B) adding an amount equal to the sum of all repayments of
deficiency payments received under section 114(a)(2) of the
Agricultural Act of 1949 for the commodity;
(C) to the maximum extent practicable, adding an amount
equal to the sum of all contract payments withheld by the
Secretary, at the request of an owner or operator subject to
a contract, as an offset against repayments of deficiency
payments otherwise required under section 114(a)(2) of the
Act (as so in effect) for the commodity; and
(D) adding an amount equal to the sum of all refunds of
contract payments received during the preceding fiscal year
under subsection (h) for the commodity.
(4) Additional rice allocation.--In addition to the
allocations provided under paragraphs (1), (2), and (3), the
amounts made available for rice contract payments shall be
increased by $17,000,000 for each of fiscal years 1997
through 2002.
(f) Determination of Contract Payments.--
(1) Individual payment quantity of contract commodities.--
For each contract, the payment quantity of a contract
commodity for each fiscal year shall be equal to the product
of--
(A) 85 percent of the contract acreage; and
(B) the farm program payment yield.
(2) Annual payment quantity of contract commodities.--The
payment quantity of each contract commodity covered by all
contracts for each fiscal year shall equal the sum of the
amounts calculated under paragraph (1) for each individual
contract.
(3) Annual payment rate.--The payment rate for a contract
commodity for each fiscal year shall be equal to--
(A) the amount made available under subsection (e) for the
contract commodity for the fiscal year; divided by
(B) the amount determined under paragraph (2) for the
fiscal year.
(4) Annual payment amount.--The amount to be paid under a
contract in effect for each fiscal year with respect to a
contract commodity shall be equal to the product of--
(A) the payment quantity determined under paragraph (1)
with respect to the contract; and
(B) the payment rate in effect under paragraph (3).
(5) Assignment of contract payments.--The provisions of
section 8(g) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(g)) (relating to assignment of payments)
shall apply to contract payments under this subsection. The
owner or operator making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as
the Secretary may require in the contract, of any assignment
made under this paragraph.
(6) Sharing of contract payments.--The Secretary shall
provide for the sharing of contract payments among the owners
and operators subject to the contract on a fair and equitable
basis.
(g) Payment Limitation.--The total amount of contract
payments made to a person under a contract during any fiscal
year may not exceed the payment limitations established under
sections 1001 through 1001C of the Food Security Act of 1985
(7 U.S.C. 1308 through 1308-3).
(h) Effect of Violation.--
(1) Termination of contract.--Except as provided in
paragraph (2), if an owner or operator subject to a contract
violates a term of the contract required under subsection
(a)(1), the Secretary shall terminate the contract with
respect to the owner or operator on each farm in which the
owner or operator has an interest. On the termination, the
owner or operator shall forfeit all rights to receive future
contract payments on each farm in which the owner or operator
has an interest and shall refund to the Secretary all
contract payments received by the owner or operator during
the period of the violation, together with interest on the
contract payments as determined by the Secretary.
(2) Refund or adjustment.--If the Secretary determines that
a violation does not warrant termination of the contract
under paragraph (1), the Secretary may require the owner or
operator subject to the contract--
(A) to refund to the Secretary that part of the contract
payments received by the owner or operator during the period
of the violation, together with interest on the contract
payments as determined by the Secretary; or
(B) to accept a reduction in the amount of future contract
payments that is proportionate to the severity of the
violation, as determined by the Secretary.
(3) Foreclosure.--An owner or operator subject to a
contract may not be required to make repayments to the
Secretary of amounts received under the contract if the
contract acreage has been foreclosed on and the Secretary
determines that forgiving the repayments is appropriate in
order to provide fair and equitable treatment. This paragraph
shall not void the responsibilities of such an owner or
operator under the contract if the owner or operator
continues or resumes operation, or control, of the contract
acreage. On the resumption of operation or control over the
contract acreage by the owner or operator, the provisions of
the contract in effect on the date of the foreclosure shall
apply.
(4) Review.--A determination of the Secretary under this
subsection shall be considered to be an adverse decision for
purposes of the availability of administrative review of the
determination.
(i) Transfer of Interest in Lands Subject to Contract.--
(1) Effect of transfer.--Except as provided in paragraph
(2), the transfer by an owner or operator subject to a
contract of the right and interest of the owner or operator
in the contract acreage shall result in the termination of
the contract with respect to the acreage, effective on the
date of the transfer, unless the transferee of the acreage
agrees with the Secretary to assume all obligations of the
contract. At the request of the transferee, the Secretary may
modify the contract if the modifications are consistent with
the objectives of this section as determined by the
Secretary.
(2) Exception.--If an owner or operator who is entitled to
a contract payment dies, becomes incompetent, or is otherwise
unable to receive the contract payment, the Secretary shall
make the payment, in accordance with regulations prescribed
by the Secretary.
(j) Planting Flexibility.--
(1) Permitted crops.--Subject to paragraph (2), any
commodity or crop may be planted on contract acreage on a
farm.
(2) Limitations.--
(A) Haying and grazing.--
(i) Time limitations.--Haying and grazing on land exceeding
15 percent of the contract acreage on a farm as provided in
clause (iii) shall be permitted, except during any
consecutive 5-month period between April 1 and October 31
that is determined by the State committee established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) for a State. In the case of a natural
disaster, the Secretary may permit unlimited haying and
grazing on the contract acreage of a farm.
(ii) Contract commodities.--Contract acreage planted to a
contract commodity during the crop year may be hayed or
grazed without limitation.
(iii) Haying and grazing limitation on portion of contract
acreage.--Unlimited haying and grazing shall be permitted on
not more than 15 percent of the contract acreage on a farm.
(B) Alfalfa.--Alfalfa may be planted for harvest without
limitation on the contract acreage on a farm, except that
each contract acre that is planted for harvest to alfalfa in
excess of 15 percent of the total contract acreage on a farm
shall be ineligible for contract payments.
(C) Fruits and vegetables.--
(i) In general.--The planting for harvest of fruits and
vegetables shall be prohibited on contract acreage, unless
there is a history of double cropping of a contract commodity
and fruits and vegetables.
(ii) Unrestricted vegetables.--Lentils, mung beans, and dry
peas may be planted without limitation on contract acreage.
(k) Conservation Farm Option.--
(1) Establishment.--The Secretary shall establish a
voluntary conservation farm option to encourage producers to
implement and maintain resource stewardship practices and
systems.
(2) Terms.--Notwithstanding any other provision of law, in
the case of a producer who enters into an agreement under
paragraph (3), the Secretary shall--
(A) not reduce any marketing assistance loans, contract
payments, or other farm program benefits of the producer as a
result of the planting of a resource-conserving crop, the
establishment of a special conservation practice, the
requirements of any integrated crop management practice, or
the haying or grazing of contract acres enrolled in the
voluntary conservation farm option that is consistent with an
approved haying and grazing management plan; and
[[Page 353]]
(B) provide payments to the producer equal to the sum of--
(i) the contract payments for which the producer is
eligible;
(ii) any environmental quality incentives program payments
for which the producer is eligible; and
(iii) any conservation reserve program payments for which
the producer is eligible.
(3) Agreements.--To be eligible to participate in the
voluntary conservation farm option, a producer must prepare
and submit to the Secretary for approval a farm plan. Upon
the approval of the farm plan, the Secretary shall enter into
an agreement with the producer that specifies the contract
acres being enrolled in the voluntary conservation farm
option. The agreement shall be for a period of not less than
three years, nor more than ten years, as determined by the
producer. The agreement may be renewed upon the mutual
agreement of the Secretary and the producer.
(4) Producer responsibilities under agreement.--Under the
terms of an agreement entered into under paragraph (3), a
producer shall agree--
(A) to actively comply with the terms and conditions of the
applicable farm plan, as approved by the Secretary; and
(B) to keep such records as the Secretary may reasonably
require for purposes of evaluation of the voluntary
conservation farm option.
(5) Requirements of farm plan.--To be approved by the
Secretary, a farm plan submitted by a producer must--
(A) specify the contract acres the producer wishes to
enroll in the voluntary conservation farm option;
(B) briefly describe the resource-conserving crop rotation,
special conservation practices, biomass production, or
integrated crop management practices to be implemented and
maintained on such acreage during the agreement period which
fulfill the purposes for which the voluntary conservation
farm option is established;
(C) contain a schedule for the implementation, improvement
and maintenance of the resource-conserving crop rotation,
special conservation, biomass production, or integrated crop
management operations and practices described in the farm
plan; and
(D) contain such other terms as the Secretary may require.
(6) Administration.--
(A) Technical assistance.--In administering the voluntary
conservation farm option, the Secretary, in consultation with
the State Technical Committee and local conservation
districts, shall provide technical assistance to a producer
in developing and implementing a farm plan, evaluating the
effectiveness of a farm plan, and assessing the costs and
benefits of farming operation and practices. If requested by
a producer, the Secretary shall provide technical assistance
to help the producer comply with Federal, State, and local
conservation or environmental requirements.
(B) State plan.--In consultation with the State Technical
Committee established under section 1261 of the Food Security
Act of 1985 (16 U.S.C. 3801), the Secretary may establish
conservation farm option plan guidance for a State that is
designed to address particular priority needs and
opportunities related to soil and water conservation and
quality, wildlife habitat, or other natural resource issues.
(C) Flexibility.--In administering the voluntary
conservation farm option, the Secretary shall provide
sufficient flexibility for a producer to revise the
producer's farm plan to respond to changes in market
conditions, weather, or technology or to adjust and modify
the farming operation, except that such revisions must be
consistent with the purposes for which the voluntary
conservation farm option is established and by approved by
the Secretary.
(D) Termination.--The Secretary may terminate an agreement
entered into with a producer under this section if the
producer agrees to such termination or the producer violates
the terms and conditions of such agreement.
(7) Definitions.--In this subsection:
(A) The term ``farm plan'' means a site-specific farm
management plan prepared by the producer and approved by the
Secretary, incorporating, where applicable, a conservation
plan prepared in accordance with subtitle B of title XII of
the Food Security Act of 1985 (16 U.S.C. 3812 et seq.) or a
haying and grazing management plan that protects the land
from erosion and minimizes sediment and nutrient run-off.
(B) The term ``resource-conserving crop rotation'' means a
crop rotation which includes at least one resource-conserving
crop and that reduces erosion, maintains or improves soil
fertility, tilt and structure, interrupts pest cycles, or
conserves water.
(C) The term ``special conservation practices'' means field
borders, contour buffer strips, grass waterways, filter
strips, grass windbreaks, buffer areas, wildlife habitat
plantings, farm ponds, habitat plantings for beneficial
organisms that aid in the control of pests, adding soil
building crops to rotations, grass plantings on highly
erodible land managed to provide erosion control and wildlife
cover, and such other practices as the Secretary may
designate.
(D) The term ``integrated crop management practices'' means
crop, water, nutrient, and pest management measures designed
to reduce and minimize the use of pesticides and nutrients
and irrigation water on the farm, including the use of
reduced yield goals in areas particularly vulnerable to
groundwater leaching, run-off to surface water, compaction
from excess water withdrawals, or salinization of soils.
(E) The term ``resource-conserving crop'' means legumes,
grasses, brassica cover crops and forages, alternative crops,
any interseeded or rely-planted combination of such crops,
any interseeded or relay-planted combination of such crops
and small grains, and such other crops as the Secretary may
designate.
(F) The term ``legumes'' means any legume, including
alfalfa, clover, lentils, lupine, medic, peas, soybeans, and
vetch, grown for use as a forage, green manure, or biomass
feedstock, but not including any pulse crop from which the
seeds are harvested and sold for purposes other than use as
seed for planting.
(G) The term ``alternative crops'' means experimental,
industrial, and oilseed crops which conserve soil and water.
(H) The term ``small grains'' means any small grain,
including barley, buckwheat, oats, rye, spelt, triticale, and
wheat.
(8) Conforming repeal.--Section 1451 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5822) is repealed.
(l) Conforming Amendments to Food Security Act of 1985.--
(1) Highly erodible land conservation.--Section 1211(3) of
the Food Security Act of 1985 (16 U.S.C. 3811(3)) is
amended--
(A) in subparagraph (E), by striking ``or'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(G) a payment under a production flexibility contract
under section 103 of the Agricultural Market Transition
Act.''.
(2) Wetland conservation.--Section 1221(a)(3) of the Food
Security Act of 1985 (16 U.S.C. 3821(a)(3)) is amended--
(A) in subparagraph (E), by striking ``or'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(G) a payment under a production flexibility contract
under section 103 of the Agricultural Market Transition
Act.''.
SEC. 104. NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN
DEFICIENCY PAYMENTS.
(a) Availability of Nonrecourse Loans.--
(1) Availability.--For each of the 1996 through 2002 crops
of each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans
for loan commodities produced on the farm. The loans shall be
made under terms and conditions that are prescribed by the
Secretary and at the loan rate established under subsection
(b) for the loan commodity.
(2) Eligible production.--The following production shall be
eligible for a marketing assistance loan under this section:
(A) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(B) In the case of a marketing assistance loan for extra
long staple cotton and oilseeds, any production.
(b) Loan Rates.--
(1) Wheat.--
(A) Loan rate.--Subject to subparagraph (B), the loan rate
for a marketing assistance loan for wheat shall be--
(i) not less than 85 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of wheat, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not more than $2.58 per bushel.
(B) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of wheat to total use for the marketing year will be--
(i) equal to or greater than 30 percent, the Secretary may
reduce the loan rate for wheat for the corresponding crop by
an amount not to exceed 10 percent in any year;
(ii) less than 30 percent but not less than 15 percent, the
Secretary may reduce the loan rate for wheat for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(iii) less than 15 percent, the Secretary may not reduce
the loan rate for wheat for the corresponding crop.
(C) No effect on future years.--Any reduction in the loan
rate for wheat under subparagraph (B) shall not be considered
in determining the loan rate for wheat for subsequent years.
(2) Feed grains.--
(A) Loan rate for corn.--Subject to subparagraph (B), the
loan rate for a marketing assistance loan for corn shall be--
(i) not less than 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of corn, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not more than $1.89 per bushel.
(B) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of corn to total use for the marketing year will be--
(i) equal to or greater than 25 percent, the Secretary may
reduce the loan rate for corn for the corresponding crop by
an amount not to exceed 10 percent in any year;
[[Page 354]]
(ii) less than 25 percent but not less than 12.5 percent,
the Secretary may reduce the loan rate for corn for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(iii) less than 12.5 percent the Secretary may not reduce
the loan rate for corn for the corresponding crop.
(C) No effect on future years.--Any reduction in the loan
rate for corn under subparagraph (B) shall not be considered
in determining the loan rate for corn for subsequent years.
(D) Other feed grains.--The loan rate for a marketing
assistance loan for grain sorghum, barley, and oats,
respectively, shall be established at such level as the
Secretary determines is fair and reasonable in relation to
the rate that loans are made available for corn, taking into
consideration the feeding value of the commodity in relation
to corn.
(3) Upland cotton.--
(A) Loan rate.--Subject to subparagraph (B), the loan rate
for a marketing assistance loan for upland cotton shall be
established by the Secretary at such loan rate, per pound, as
will reflect for the base quality of upland cotton, as
determined by the Secretary, at average locations in the
United States a rate that is not less than the smaller of--
(i) 85 percent of the average price (weighted by market and
month) of the base quality of cotton as quoted in the
designated United States spot markets during 3 years of the
5-year period ending July 31 in the year in which the loan
rate is announced, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; or
(ii) 90 percent of the average, for the 15-week period
beginning July 1 of the year in which the loan rate is
announced, of the 5 lowest-priced growths of the growths
quoted for Middling 1\3/32\-inch cotton C.I.F. Northern
Europe (adjusted downward by the average difference during
the period April 15 through October 15 of the year in which
the loan is announced between the average Northern European
price quotation of such quality of cotton and the market
quotations in the designated United States spot markets for
the base quality of upland cotton), as determined by the
Secretary.
(B) Limitations.--The loan rate for a marketing assistance
loan for upland cotton shall not be less than $0.50 per pound
or more than $0.5192 per pound.
(4) Extra long staple cotton.--The loan rate for a
marketing assistance loan for extra long staple cotton shall
be--
(A) not less than 85 percent of the simple average price
received by producers of extra long staple cotton, as
determined by the Secretary, during 3 years of the 5 previous
marketing years, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; but
(B) not more than $0.7965 per pound.
(5) Rice.--The loan rate for a marketing assistance loan
for rice shall be $6.50 per hundredweight.
(6) Oilseeds.--
(A) Soybeans.--The loan rate for a marketing assistance
loan for soybeans shall be--
(i) not less than 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of soybeans, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not less than $4.92 or more than $5.26 per bushel.
(B) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rate for a marketing assistance
loan for sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed, individually, shall be--
(i) not less than 85 percent of the simple average price
received by producers of sunflower seed, individually, as
determined by the Secretary, during the marketing years for
the immediately preceding 5 crops of sunflower seed,
individually, excluding the year in which the average price
was the highest and the year in which the average price was
the lowest in the period; but
(ii) not less than $0.087 or more than $0.093 per pound.
(C) Other oilseeds.--The loan rates for a marketing
assistance loan for other oilseeds shall be established at
such level as the Secretary determines is fair and reasonable
in relation to the loan rate available for soybeans, except
in no event shall the rate for the oilseeds (other than
cottonseed) be less than the rate established for soybeans on
a per-pound basis for the same crop.
(c) Term of Loan.--In the case of each loan commodity
(other than upland cotton or extra long staple cotton), a
marketing assistance loan under subsection (a) shall have a
term of 9 months beginning on the first day of the first
month after the month in which the loan is made. A marketing
assistance loan for upland cotton or extra long staple cotton
shall have a term of 10 months beginning on the first day of
the first month after the month in which the loan is made.
The Secretary may not extend the term of a marketing
assistance loan for any loan commodity.
(d) Repayment.--
(1) Repayment rates for wheat and feed grains.--The
Secretary shall permit a producer to repay a marketing
assistance loan under subsection (a) for wheat, corn, grain
sorghum, barley, and oats at a level that the Secretary
determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodities
by the Federal Government;
(C) minimize the cost incurred by the Federal Government in
storing the commodities; and
(D) allow the commodities produced in the United States to
be marketed freely and competitively, both domestically and
internationally.
(2) Repayment rates for upland cotton, oilseeds, and
rice.--The Secretary shall permit producers to repay a
marketing assistance loan under subsection (a) for upland
cotton, oilseeds, and rice at a level that is the lesser of--
(A) the loan rate established for upland cotton, oilseeds,
and rice, respectively, under subsection (b); or
(B) the prevailing world market price for upland cotton,
oilseeds, and rice, respectively (adjusted to United States
quality and location), as determined by the Secretary.
(3) Repayment rates for extra long staple cotton.--
Repayment of a marketing assistance loan for extra long
staple cotton shall be at the loan rate established for the
commodity under subsection (b), plus interest (as determined
by the Secretary).
(4) Prevailing world market price.--For purposes of
paragraph (2)(B) and subsection (f), the Secretary shall
prescribe by regulation--
(A) a formula to determine the prevailing world market
price for each loan commodity, adjusted to United States
quality and location; and
(B) a mechanism by which the Secretary shall announce
periodically the prevailing world market price for each loan
commodity.
(5) Adjustment of prevailing world market price for upland
cotton.--
(A) In general.--During the period ending July 31, 2003,
the prevailing world market price for upland cotton (adjusted
to United States quality and location) established under
paragraph (4) shall be further adjusted if--
(i) the adjusted prevailing world market price is less than
115 percent of the loan rate for upland cotton established
under subsection (b), as determined by the Secretary; and
(ii) the Friday through Thursday average price quotation
for the lowest-priced United States growth as quoted for
Middling (M) 1\3/32\-inch cotton delivered C.I.F. Northern
Europe is greater than the Friday through Thursday average
price of the 5 lowest-priced growths of upland cotton, as
quoted for Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe (referred to in this subsection as the
``Northern Europe price'').
(B) Further adjustment.--Except as provided in subparagraph
(C), the adjusted prevailing world market price for upland
cotton shall be further adjusted on the basis of some or all
of the following data, as available:
(i) The United States share of world exports.
(ii) The current level of cotton export sales and cotton
export shipments.
(iii) Other data determined by the Secretary to be relevant
in establishing an accurate prevailing world market price for
upland cotton (adjusted to United States quality and
location).
(C) Limitation on further adjustment.--The adjustment under
subparagraph (B) may not exceed the difference between--
(i) the Friday through Thursday average price for the
lowest-priced United States growth as quoted for Middling
1\3/32\-inch cotton delivered C.I.F. Northern Europe; and
(ii) the Northern Europe price.
(e) Loan Deficiency Payments.--
(1) Availability.--Except as provided in paragraph (4), the
Secretary may make loan deficiency payments available to
producers who, although eligible to obtain a marketing
assistance loan under subsection (a) with respect to a loan
commodity, agree to forgo obtaining the loan for the
commodity in return for payments under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the loan payment rate determined under paragraph (3)
for the loan commodity; by
(B) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forgo obtaining the loan in return for payments
under this subsection.
(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(A) the loan rate established under subsection (b) for the
loan commodity; exceeds
(B) the rate at which a loan for the commodity may be
repaid under subsection (d).
(4) Exception for extra long staple cotton.--This
subsection shall not apply with respect to extra long staple
cotton.
(f) Special Marketing Loan Provisions for Upland Cotton.--
(1) Cotton user marketing certificates.--
(A) Issuance.--Subject to subparagraph (D), during the
period ending July 31, 2003, the Secretary shall issue
marketing certificates or cash payments to domestic users and
exporters for documented purchases by domestic users and
sales for export by exporters made in the week following a
consecutive 4-week period in which--
(i) the Friday through Thursday average price quotation for
the lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern
[[Page 355]]
Europe exceeds the Northern Europe price by more than 1.25
cents per pound; and
(ii) the prevailing world market price for upland cotton
(adjusted to United States quality and location) does not
exceed 130 percent of the loan rate for upland cotton
established under subsection (b).
(B) Value of certificates or payments.--The value of the
marketing certificates or cash payments shall be based on the
amount of the difference (reduced by 1.25 cents per pound) in
the prices during the 4th week of the consecutive 4-week
period multiplied by the quantity of upland cotton included
in the documented sales.
(C) Administration of marketing certificates.--
(i) Redemption, marketing, or exchange.--The Secretary
shall establish procedures for redeeming marketing
certificates for cash or marketing or exchange of the
certificates for agricultural commodities owned by the
Commodity Credit Corporation in such manner, and at such
price levels, as the Secretary determines will best
effectuate the purposes of cotton user marketing
certificates. Any price restrictions that would otherwise
apply to the disposition of agricultural commodities by the
Commodity Credit Corporation shall not apply to the
redemption of certificates under this paragraph.
(ii) Designation of commodities and products.--To the
extent practicable, the Secretary shall permit owners of
certificates to designate the commodities and products,
including storage sites, the owners would prefer to receive
in exchange for certificates. If any certificate is not
presented for redemption, marketing, or exchange within a
reasonable number of days after the issuance of the
certificate (as determined by the Secretary), reasonable
costs of storage and other carrying charges, as determined by
the Secretary, shall be deducted from the value of the
certificate for the period beginning after the reasonable
number of days and ending with the date of the presentation
of the certificate to the Commodity Credit Corporation.
(iii) Transfers.--Marketing certificates issued to domestic
users and exporters of upland cotton may be transferred to
other persons in accordance with regulations issued by the
Secretary.
(D) Exception.--The Secretary shall not issue marketing
certificates or cash payments under subparagraph (A) if, for
the immediately preceding consecutive 10-week period, the
Friday through Thursday average price quotation for the
lowest priced United States growth, as quoted for Middling
(M) 1\3/32\-inch cotton, delivered C.I.F. Northern Europe,
adjusted for the value of any certificate issued under this
paragraph, exceeds the Northern Europe price by more than
1.25 cents per pound.
(E) Limitation on expenditures.--Total expenditures under
this paragraph shall not exceed $701,000,000 during fiscal
years 1996 through 2002.
(2) Special import quota.--
(A) Establishment.--The President shall carry out an import
quota program that provides that, during the period ending
July 31, 2003, whenever the Secretary determines and
announces that for any consecutive 10-week period, the Friday
through Thursday average price quotation for the lowest-
priced United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, adjusted
for the value of any certificates issued under paragraph (1),
exceeds the Northern Europe price by more than 1.25 cents per
pound, there shall immediately be in effect a special import
quota.
(B) Quantity.--The quota shall be equal to 1 week's
consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(C) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under subparagraph (A) and entered
into the United States not later than 180 days after the
date.
(D) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
subparagraph (A), except that a special quota period may not
be established under this paragraph if a quota period has
been established under subsection (g).
(E) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(F) Definition.--In this paragraph, the term ``special
import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(g) Limited Global Import Quota for Upland Cotton.--
(1) In general.--The President shall carry out an import
quota program that provides that whenever the Secretary
determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in
the designated spot markets for a month exceeded 130 percent
of the average price of such quality of cotton in the markets
for the preceding 36 months, notwithstanding any other
provision of law, there shall immediately be in effect a
limited global import quota subject to the following
conditions:
(A) Quantity.--The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding 12
months, the quantity of the quota next established under this
subsection shall be the smaller of 21 days of domestic mill
consumption calculated under subparagraph (A) or the quantity
required to increase the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity under a
limited global import quota shall be considered to be an in-
quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(D) Definitions.--In this subsection:
(i) Supply.--The term ``supply'' means, using the latest
official data of the Bureau of the Census, the Department of
Agriculture, and the Department of the Treasury--
(I) the carry-over of upland cotton at the beginning of the
marketing year (adjusted to 480-pound bales) in which the
quota is established;
(II) production of the current crop; and
(III) imports to the latest date available during the
marketing year.
(ii) Demand.--The term ``demand'' means--
(I) the average seasonally adjusted annual rate of domestic
mill consumption in the most recent 3 months for which data
are available; and
(II) the larger of--
(aa) average exports of upland cotton during the preceding
6 marketing years; or
(bb) cumulative exports of upland cotton plus outstanding
export sales for the marketing year in which the quota is
established.
(iii) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(E) Quota entry period.--When a quota is established under
this subsection, cotton may be entered under the quota during
the 90-day period beginning on the date the quota is
established by the Secretary.
(2) No overlap.--Notwithstanding paragraph (1), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(f)(2).
(h) Source of Loans.--
(1) In general.--The Secretary shall provide the loans
authorized by this section through the Commodity Credit
Corporation and other means available to the Secretary.
(2) Processors.--Whenever any loan or surplus removal
operation for any agricultural commodity is carried out
through purchases from or loans or payments to processors,
the Secretary shall, to the extent practicable, obtain from
the processors such assurances as the Secretary considers
adequate that the producers of the commodity have received or
will receive maximum benefits from the loan or surplus
removal operation.
(i) Adjustments of Loans.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan levels for any commodity for
differences in grade, type, quality, location, and other
factors.
(2) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section.
(j) Personal Liability of Producers for Deficiencies.--
(1) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section unless the loan was
obtained through a fraudulent representation by the producer.
(2) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
a producer to assume liability for--
(A) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(B) a failure to properly care for and preserve a
commodity; or
(C) a failure or refusal to deliver a commodity in
accordance with a program established under this section.
(3) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
a provision that permits the Commodity Credit Corporation, on
and after the maturity of the loan or any extension of the
loan, to acquire title to the unredeemed collateral without
obligation to pay for any market value that the collateral
may have in excess of the loan indebtedness.
(4) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets and
all prior recorded and unre
[[Page 356]]
corded liens on the crops of sugarcane and sugar beets from
which the sugar was derived.
(k) Commodity Credit Corporation Sales Price
Restrictions.--
(1) In general.--The Commodity Credit Corporation may sell
any commodity owned or controlled by the Corporation at any
price that the Secretary determines will maximize returns to
the Corporation.
(2) Nonapplication of sales price restrictions.--Paragraph
(1) shall not apply to--
(A) a sale for a new or byproduct use;
(B) a sale of peanuts or oilseeds for the extraction of
oil;
(C) a sale for seed or feed if the sale will not
substantially impair any loan program;
(D) a sale of a commodity that has substantially
deteriorated in quality or as to which there is a danger of
loss or waste through deterioration or spoilage;
(E) a sale for the purpose of establishing a claim arising
out of a contract or against a person who has committed
fraud, misrepresentation, or other wrongful act with respect
to the commodity;
(F) a sale for export, as determined by the Corporation;
and
(G) a sale for other than a primary use.
(3) Presidential disaster areas.--
(A) In general.--Notwithstanding paragraph (1), on such
terms and conditions as the Secretary may consider in the
public interest, the Corporation may make available any
commodity or product owned or controlled by the Corporation
for use in relieving distress--
(i) in any area in the United States (including the Virgin
Islands) declared by the President to be an acute distress
area because of unemployment or other economic cause, if the
President finds that the use will not displace or interfere
with normal marketing of agricultural commodities; and
(ii) in connection with any major disaster determined by
the President to warrant assistance by the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(B) Costs.--Except on a reimbursable basis, the Corporation
shall not bear any costs in connection with making a
commodity available under subparagraph (A) beyond the cost of
the commodity to the Corporation incurred in--
(i) the storage of the commodity; and
(ii) the handling and transportation costs in making
delivery of the commodity to designated agencies at 1 or more
central locations in each State or other area.
(4) Efficient operations.--Paragraph (1) shall not apply to
the sale of a commodity the disposition of which is desirable
in the interest of the effective and efficient conduct of the
operations of the Corporation because of the small quantity
of the commodity involved, or because of the age, location,
or questionable continued storability of the commodity.
SEC. 105. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended by striking paragraphs (1)
through (4) and inserting the following:
``(1) Limitation on payments under production flexibility
contracts.--The total amount of contract payments made under
section 103 of the Agricultural Market Transition Act to a
person under 1 or more production flexibility contracts
during any fiscal year may not exceed $40,000.
``(2) Limitation on marketing loan gains and loan
deficiency payments.--
``(A) Limitation.--The total amount of payments specified
in subparagraph (B) that a person shall be entitled to
receive under section 104 of the Agricultural Market
Transition Act for contract commodities and oilseeds during
any crop year may not exceed $75,000.
``(B) Description of payments.--The payments referred to in
subparagraph (A) are the following:
``(i) Any gain realized by a producer from repaying a
marketing assistance loan for a crop of any loan commodity at
a lower level than the original loan rate established for the
commodity under section 104(b) of the Act.
``(ii) Any loan deficiency payment received for a loan
commodity under section 104(e) of the Act.''.
(b) Conforming Amendments.--
(1) Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) (as amended by subsection (a)) is amended--
(A) by redesignating paragraphs (5), (6), and (7) as
paragraphs (3), (4), and (5), respectively; and
(B) in the second sentence of paragraph (3)(A) (as so
redesignated), by striking ``paragraphs (6) and (7)'' and
inserting ``paragraphs (4) and (5)''.
(2) Section 1305(d) of the Agricultural Reconciliation Act
of 1987 (Public Law 100-203; 7 U.S.C. 1308 note) is amended
by striking ``paragraphs (5) through (7) of section 1001, as
amended by this subtitle,'' and inserting ``paragraphs (3)
through (5) of section 1001,''.
(3) Section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1(a)(1)) is amended--
(A) in the first sentence of subsection (a)(1)--
(i) by striking ``section 1001(5)(B)(i)'' and inserting
``section 1001(3)(B)(i)'';
(ii) by striking ``under the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.)''; and
(iii) by striking ``section 1001(5)(B)(i)(II)'' and
inserting ``section 1001(3)(B)(i)(II)''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``under the Agricultural Act of 1949''; and
(II) by striking ``section 1001(5)(B)(i)'' and inserting
``section 1001(3)(B)(i)''; and
(ii) in paragraph (2)(B), by striking ``section
1001(5)(B)(i)(II)'' and inserting ``section
1001(3)(B)(i)(II)''.
(4) Section 1001C(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3(a)) is amended--
(A) by striking ``For each of the 1991 through 1997 crops,
any'' and inserting ``Any'';
(B) by striking ``price support program loans, payments, or
benefits made available under the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.),'' and inserting ``loans or payments
made available under the Agricultural Market Transition
Act''; and
(C) by striking ``during the 1989 through 1997 crop
years''.
SEC. 106. PEANUT PROGRAM.
(a) Quota Peanuts.--
(1) Availability of loans.--The Secretary shall make
nonrecourse loans available to producers of quota peanuts.
(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be $610 per ton.
(3) Inspection, handling, or storage.--The loan amount may
not be reduced by the Secretary by any deductions for
inspection, handling, or storage.
(4) Location and other factors.--The Secretary may make
adjustments in the loan rate for quota peanuts for location
of peanuts and such other factors as are authorized by
section 104(i)(1).
(b) Additional Peanuts.--
(1) In general.--The Secretary shall make nonrecourse loans
available to producers of additional peanuts at such rates as
the Secretary finds appropriate, taking into consideration
the demand for peanut oil and peanut meal, expected prices of
other vegetable oils and protein meals, and the demand for
peanuts in foreign markets.
(2) Announcement.--The Secretary shall announce the loan
rate for additional peanuts of each crop not later than
February 15 preceding the marketing year for the crop for
which the loan rate is being determined.
(c) Area Marketing Associations.--
(1) Warehouse storage loans.--
(A) In general.--In carrying out subsections (a) and (b),
the Secretary shall make warehouse storage loans available in
each of the producing areas (described in section 1446.95 of
title 7 of the Code of Federal Regulations (January 1, 1989))
to a designated area marketing association of peanut
producers that is selected and approved by the Secretary and
that is operated primarily for the purpose of conducting the
loan activities. The Secretary may not make warehouse storage
loans available to any cooperative that is engaged in
operations or activities concerning peanuts other than those
operations and activities specified in this section and
section 358e of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a).
(B) Administrative and supervisory activities.--An area
marketing association shall be used in administrative and
supervisory activities relating to loans and marketing
activities under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(C) Association costs.--Loans made to the association under
this paragraph shall include such costs as the area marketing
association reasonably may incur in carrying out the
responsibilities, operations, and activities of the
association under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(2) Pools for quota and additional peanuts.--
(A) In general.--The Secretary shall require that each area
marketing association establish pools and maintain complete
and accurate records by area and segregation for quota
peanuts handled under loan and for additional peanuts placed
under loan, except that separate pools shall be established
for Valencia peanuts produced in New Mexico.
(B) Eligibility to participate.--
(i) In general.--Except as provided in clause (ii), in the
case of the 1996 and subsequent crops, Valencia peanuts not
physically produced in the State of New Mexico shall not be
eligible to participate in the pools of the State.
(ii) Exception.--A resident of the State of New Mexico may
enter Valencia peanuts that are produced outside of the State
into the pools of the State in a quantity that is not greater
than the 1995 crop of the resident that was produced outside
the State.
(C) Types of peanuts.--Bright hull and dark hull Valencia
peanuts shall be considered as separate types for the purpose
of establishing the pools.
(D) Net gains.--Net gains on peanuts in each pool, unless
otherwise approved by the Secretary, shall be distributed
only to producers who placed peanuts in the pool and shall be
distributed in proportion to the value of the peanuts placed
in the pool by each producer. Net gains for peanuts in each
pool shall consist of the following:
(i) Quota peanuts.--For quota peanuts, the net gains over
and above the loan indebtedness and other costs or losses
incurred on peanuts placed in the pool.
(ii) Additional peanuts.--For additional peanuts, the net
gains over and above the loan indebtedness and other costs or
losses incurred on peanuts placed in the pool for additional
peanuts.
(d) Losses.--Losses in quota area pools shall be covered
using the following sources in the following order of
priority:
[[Page 357]]
(1) Transfers from additional loan pools.--The proceeds due
any producer from any pool shall be reduced by the amount of
any loss that is incurred with respect to peanuts transferred
from an additional loan pool to a quota loan pool by the
producer under section 358-1(b)(8) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(8)).
(2) Other producers in same pool.--Further losses in an
area quota pool shall be offset by reducing the gain of any
producer in the pool by the amount of pool gains attributed
to the same producer from the sale of additional peanuts for
domestic and export edible use.
(3) Offset within area.--Further losses in an area quota
pool shall be offset by any gains or profits from additional
peanuts (other than separate type pools established under
subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit
Corporation in that area and sold for domestic edible use, in
accordance with regulations issued by the Secretary.
(4) Use of marketing assessments.--The Secretary shall use
funds collected under subsection (g) (except funds
attributable to handlers) to offset further losses in area
quota pools. The Secretary shall transfer to the Treasury
those funds collected under subsection (g) and available for
use under this subsection that the Secretary determines are
not required to cover losses in area quota pools.
(5) Cross compliance.--Further losses in area quota pools,
other than losses incurred as a result of transfers from
additional loan pools to quota loan pools under section 358-
1(b)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358-1(b)(8)), shall be offset by any gains or profits from
quota pools in other production areas (other than separate
type pools established under subsection (c)(2)(A) for
Valencia peanuts produced in New Mexico) in such manner as
the Secretary shall by regulation prescribe.
(6) Offset generally.--If losses in an area quota pool have
not been entirely offset under paragraph (3), further losses
shall be offset by any gains or profits from additional
peanuts (other than separate type pools established under
subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit
Corporation and sold for domestic edible use, in accordance
with regulations issued by the Secretary.
(7) Increased assessments.--If use of the authorities
provided in the preceding paragraphs is not sufficient to
cover losses in an area quota pool, the Secretary shall
increase the marketing assessment established under
subsection (g) by such an amount as the Secretary considers
necessary to cover the losses. The increased assessment shall
apply only to quota peanuts in the production area covered by
the pool. Amounts collected under subsection (g) as a result
of the increased assessment shall be retained by the
Secretary to cover losses in that pool.
(e) Disapproval of Quotas.--Notwithstanding any other
provision of law, no loan for quota peanuts may be made
available by the Secretary for any crop of peanuts with
respect to which poundage quotas have been disapproved by
producers, as provided for in section 358-1(d) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(d)).
(f) Quality Improvement.--
(1) In general.--With respect to peanuts under loan, the
Secretary shall--
(A) promote the crushing of peanuts at a greater risk of
deterioration before peanuts of a lesser risk of
deterioration;
(B) ensure that all Commodity Credit Corporation
inventories of peanuts sold for domestic edible use must be
shown to have been officially inspected by licensed
Department inspectors both as farmer stock and shelled or
cleaned in-shell peanuts;
(C) continue to endeavor to operate the peanut program so
as to improve the quality of domestic peanuts and ensure the
coordination of activities under the Peanut Administrative
Committee established under Marketing Agreement No. 146,
regulating the quality of domestically produced peanuts
(under the Agricultural Adjustment Act (7 U.S.C. 601 et
seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937); and
(D) ensure that any changes made in the peanut program as a
result of this subsection requiring additional production or
handling at the farm level shall be reflected as an upward
adjustment in the Department loan schedule.
(2) Exports and other peanuts.--The Secretary shall require
that all peanuts in the domestic and export markets fully
comply with all quality standards under Marketing Agreement
No. 146.
(g) Marketing Assessment.--
(1) In general.--The Secretary shall provide for a
nonrefundable marketing assessment. The assessment shall be
made on a per pound basis in an amount equal to 1.1 percent
for each of the 1994 and 1995 crops, 1.15 percent for the
1996 crop, and 1.2 percent for each of the 1997 through 2002
crops, of the national average quota or additional peanut
loan rate for the applicable crop.
(2) First purchasers.--
(A) In general.--Except as provided under paragraphs (3)
and (4), the first purchaser of peanuts shall--
(i) collect from the producer a marketing assessment equal
to the quantity of peanuts acquired multiplied by--
(I) in the case of each of the 1994 and 1995 crops, .55
percent of the applicable national average loan rate;
(II) in the case of the 1996 crop, .6 percent of the
applicable national average loan rate; and
(III) in the case of each of the 1997 through 2002 crops,
.65 percent of the applicable national average loan rate;
(ii) pay, in addition to the amount collected under clause
(i), a marketing assessment in an amount equal to the
quantity of peanuts acquired multiplied by .55 percent of the
applicable national average loan rate; and
(iii) remit the amounts required under clauses (i) and (ii)
to the Commodity Credit Corporation in a manner specified by
the Secretary.
(B) Definition of first purchaser.--In this subsection, the
term ``first purchaser'' means a person acquiring peanuts
from a producer except that in the case of peanuts forfeited
by a producer to the Commodity Credit Corporation, the term
means the person acquiring the peanuts from the Commodity
Credit Corporation.
(3) Other private marketings.--In the case of a private
marketing by a producer directly to a consumer through a
retail or wholesale outlet or in the case of a marketing by
the producer outside of the continental United States, the
producer shall be responsible for the full amount of the
assessment and shall remit the assessment by such time as is
specified by the Secretary.
(4) Loan peanuts.--In the case of peanuts that are pledged
as collateral for a loan made under this section, \1/2\ of
the assessment shall be deducted from the proceeds of the
loan. The remainder of the assessment shall be paid by the
first purchaser of the peanuts. For purposes of computing net
gains on peanuts under this section, the reduction in loan
proceeds shall be treated as having been paid to the
producer.
(5) Penalties.--If any person fails to collect or remit the
reduction required by this subsection or fails to comply with
the requirements for recordkeeping or otherwise as are
required by the Secretary to carry out this subsection, the
person shall be liable to the Secretary for a civil penalty
up to an amount determined by multiplying--
(A) the quantity of peanuts involved in the violation; by
(B) the national average quota peanut rate for the
applicable crop year.
(6) Enforcement.--The Secretary may enforce this subsection
in the courts of the United States.
(h) Crops.--Subsections (a) through (f) shall be effective
only for the 1996 through 2002 crops of peanuts.
(i) Marketing Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 is amended--
(A) in section 358-1 (7 U.S.C. 1358-1)--
(i) in the section heading, by striking ``1991 THROUGH 1997
CROPS OF'';
(ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A),
(b)(2)(C), and (b)(3)(A), by striking ``of the 1991 through
1997 marketing years'' each place it appears and inserting
``marketing year'';
(iii) in subsection (a)(3), by striking ``1990'' and
inserting ``1990, for the 1991 through 1995 marketing years,
and 1995, for the 1996 through 2002 marketing years'';
(iv) in subsection (b)(1)(A)--
(I) by striking ``each of the 1991 through 1997 marketing
years'' and inserting ``each marketing year''; and
(II) in clause (i), by inserting before the semicolon the
following: ``, in the case of the 1991 through 1995 marketing
years, and the 1995 marketing year, in the case of the 1996
through 2002 marketing years'';
(v) in subsection (b)(1), by adding at the end the
following:
``(D) Certain farms ineligible for quota.--Effective
beginning with the 1997 marketing year, the Secretary shall
not establish a farm poundage quota under subparagraph (A)
for a farm owned or controlled by--
``(i) a municipality, airport authority, school, college,
refuge, or other public entity (other than a university used
for research purposes); or
``(ii) a person who is not a producer and resides in
another State.'';
(vi) in subsection (b)(2), by adding at the end the
following:
``(E) Transfer of quota from ineligible farms.--Any farm
poundage quota held at the end of the 1996 marketing year by
a farm described in paragraph (1)(D) shall be allocated to
other farms in the same State on such basis as the Secretary
may by regulation prescribe.''; and
(vii) in subsection (f), by striking ``1997'' and inserting
``2002'';
(B) in section 358b (7 U.S.C. 1358b)--
(i) in the section heading, by striking ``1991 THROUGH 1995
CROPS OF''; and
(ii) in subsection (c), by striking ``1995'' and inserting
``2002'';
(C) in section 358c(d) (7 U.S.C. 1358c(d)), by striking
``1995'' and inserting ``2002''; and
(D) in section 358e (7 U.S.C. 1359a)--
(i) in the section heading, by striking ``FOR 1991 THROUGH
1997 CROPS OF PEANUTS''; and
(ii) in subsection (i), by striking ``1997'' and inserting
``2002''.
(2) Elimination of quota floor.--Section 358-1(a)(1) of the
Act (7 U.S.C. 1358-1(a)(1)) is amended by striking the second
sentence.
(3) Temporary quota allocation.--Section 358-1 of the Act
(7 U.S.C. 1358-1) is amended--
(A) in subsection (a)(1), by striking ``domestic edible,
seed,'' and inserting ``domestic edible use'';
(B) in subsection (b)(2)--
[[Page 358]]
(i) in subparagraph (A), by striking ``subparagraph (B) and
subject to''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Temporary quota allocation.--
``(i) Allocation related to seed peanuts.--Temporary
allocation of quota pounds for the marketing year only in
which the crop is planted shall be made to producers for each
of the 1996 through 2002 marketing years as provided in this
subparagraph.
``(ii) Quantity.--The temporary quota allocation shall be
equal to the pounds of seed peanuts planted on the farm, as
may be adjusted under regulations prescribed by the
Secretary.
``(iii) Additional quota.--The temporary allocation of
quota pounds under this paragraph shall be in addition to the
farm poundage quota otherwise established under this
subsection and shall be credited, for the applicable
marketing year only, in total to the producer of the peanuts
on the farm in a manner prescribed by the Secretary.
``(iv) Effect of other requirements.--Nothing in this
section alters or changes the requirements regarding the use
of quota and additional peanuts established by section
358e(b).''; and
(C) in subsection (e)(3), strike ``and seed and use on a
farm''.
(4) Undermarketings.--Part VI of subtitle B of title III of
the Act is amended--
(A) in section 358-1(b) (7 U.S.C. 1358-1(b))--
(i) in paragraph (1)(B), by striking
``including--'' and clauses (i) and (ii) and inserting
``including any increases resulting from the allocation of
quotas voluntarily released for 1 year under paragraph
(7).'';
(ii) in paragraph (3)(B), by striking ``include--'' and
clauses (i) and (ii) and inserting ``include any increase
resulting from the allocation of quotas voluntarily released
for 1 year under paragraph (7).''; and
(iii) by striking paragraphs (8) and (9); and
(B) in section 358b(a) (7 U.S.C. 1358b(a))--
(i) in paragraph (1), by striking ``(including any
applicable under marketings)'' both places it appears;
(ii) in paragraph (1)(A), by striking ``of undermarketings
and'';
(iii) in paragraph (2), by striking ``(including any
applicable under marketings)''; and
(iv) in paragraph (3), by striking ``(including any
applicable undermarketings)''.
(5) Disaster transfers.--Section 358-1(b) of the Act (7
U.S.C. 1358-1(b)), as amended by paragraph (4)(A)(iii), is
further amended by adding at the end the following:
``(8) Disaster transfers.--
``(A) In general.--Except as provided in subparagraph (B),
additional peanuts produced on a farm from which the quota
poundage was not harvested and marketed because of drought,
flood, or any other natural disaster, or any other condition
beyond the control of the producer, may be transferred to the
quota loan pool for pricing purposes on such basis as the
Secretary shall by regulation provide.
``(B) Limitation.--The poundage of peanuts transferred
under subparagraph (A) shall not exceed the difference
between--
``(i) the total quantity of peanuts meeting quality
requirements for domestic edible use, as determined by the
Secretary, marketed from the farm; and
``(ii) the total farm poundage quota, excluding quota
pounds transferred to the farm in the fall.
``(C) Support rate.--Peanuts transferred under this
paragraph shall be supported at not more than 70 percent of
the quota support rate for the marketing years in which the
transfers occur. The transfers for a farm shall not exceed 25
percent of the total farm quota pounds, excluding pounds
transferred in the fall.''.
SEC. 107. SUGAR PROGRAM.
(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to
18 cents per pound for raw cane sugar.
(b) Sugar Beets.--The Secretary shall make loans available
to processors of domestically grown sugar beets at a rate
equal to 22.9 cents per pound for refined beet sugar.
(c) Term of Loans.--
(1) In general.--Loans under this section during any fiscal
year shall be made available not earlier than the beginning
of the fiscal year and shall mature at the earlier of--
(A) the end of 9 months; or
(B) the end of the fiscal year.
(2) Supplemental loans.--In the case of loans made under
this section in the last 3 months of a fiscal year, the
processor may repledge the sugar as collateral for a second
loan in the subsequent fiscal year, except that the second
loan shall--
(A) be made at the loan rate in effect at the time the
second loan is made; and
(B) mature in 9 months less the quantity of time that the
first loan was in effect.
(d) Loan Type; Processor Assurances.--
(1) Recourse loans.--Subject to paragraph (2), the
Secretary shall carry out this section through the use of
recourse loans.
(2) Nonrecourse loans.--During any fiscal year in which the
tariff rate quota for imports of sugar into the United States
is established at, or is increased to, a level in excess of
1,500,000 short tons raw value, the Secretary shall carry out
this section by making available nonrecourse loans. Any
recourse loan previously made available by the Secretary
under this section during the fiscal year shall be changed by
the Secretary into a nonrecourse loan.
(3) Processor assurances.--If the Secretary is required
under paragraph (2) to make nonrecourse loans available
during a fiscal year or to change recourse loans into
nonrecourse loans, the Secretary shall obtain from each
processor that receives a loan under this section such
assurances as the Secretary considers adequate to ensure that
the processor will provide payments to producers that are
proportional to the value of the loan received by the
processor for sugar beets and sugarcane delivered by
producers served by the processor. The Secretary may
establish appropriate minimum payments for purposes of this
paragraph.
(e) Marketing Assessment.--
(1) Sugarcane.--Effective for marketings of raw cane sugar
during the 1996 through 2003 fiscal years, the first
processor of sugarcane shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996, 1.1
percent of the loan rate established under subsection (a) per
pound of raw cane sugar, processed by the processor from
domestically produced sugarcane or sugarcane molasses, that
has been marketed (including the transfer or delivery of the
sugar to a refinery for further processing or marketing); and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.375 percent of the loan rate established
under subsection (a) per pound of raw cane sugar, processed
by the processor from domestically produced sugarcane or
sugarcane molasses, that has been marketed (including the
transfer or delivery of the sugar to a refinery for further
processing or marketing).
(2) Sugar beets.--Effective for marketings of beet sugar
during the 1996 through 2003 fiscal years, the first
processor of sugar beets shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996,
1.1794 percent of the loan rate established under subsection
(a) per pound of beet sugar, processed by the processor from
domestically produced sugar beets or sugar beet molasses,
that has been marketed; and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.47425 percent of the loan rate
established under subsection (a) per pound of beet sugar,
processed by the processor from domestically produced sugar
beets or sugar beet molasses, that has been marketed.
(3) Collection.--
(A) Timing.--A marketing assessment required under this
subsection shall be collected on a monthly basis and shall be
remitted to the Commodity Credit Corporation not later than
30 days after the end of each month. Any cane sugar or beet
sugar processed during a fiscal year that has not been
marketed by September 30 of the year shall be subject to
assessment on that date. The sugar shall not be subject to a
second assessment at the time that it is marketed.
(B) Manner.--Subject to subparagraph (A), marketing
assessments shall be collected under this subsection in the
manner prescribed by the Secretary and shall be
nonrefundable.
(4) Penalties.--If any person fails to remit the assessment
required by this subsection or fails to comply with such
requirements for recordkeeping or otherwise as are required
by the Secretary to carry out this subsection, the person
shall be liable to the Secretary for a civil penalty up to an
amount determined by multiplying--
(A) the quantity of cane sugar or beet sugar involved in
the violation; by
(B) the loan rate for the applicable crop of sugarcane or
sugar beets.
(5) Enforcement.--The Secretary may enforce this subsection
in a court of the United States.
(f) Forfeiture Penalty.--
(1) In general.--A penalty shall be assessed on the
forfeiture of any sugar pledged as collateral for a
nonrecourse loan under this section.
(2) Cane sugar.--The penalty for cane sugar shall be 1 cent
per pound.
(3) Beet sugar.--The penalty for beet sugar shall bear the
same relation to the penalty for cane sugar as the marketing
assessment for sugar beets bears to the marketing assessment
for sugarcane.
(4) Effect of forfeiture.--Any payments owed producers by a
processor that forfeits of any sugar pledged as collateral
for a nonrecourse loan shall be reduced in proportion to the
loan forfeiture penalty incurred by the processor.
(g) Information Reporting.--
(1) Duty of processors and refiners to report.--A sugarcane
processor, cane sugar refiner, and sugar beet processor shall
furnish the Secretary, on a monthly basis, such information
as the Secretary may require to administer sugar programs,
including the quantity of purchases of sugarcane, sugar
beets, and sugar, and production, importation, distribution,
and stock levels of sugar.
(2) Penalty.--Any person willfully failing or refusing to
furnish the information, or furnishing willfully any false
information, shall be subject to a civil penalty of not more
than $10,000 for each such violation.
(3) Monthly reports.--Taking into consideration the
information received under paragraph (1), the Secretary shall
publish on a monthly basis composite data on production,
imports, distribution, and stock levels of sugar.
(h) Crops.--This section shall be effective only for the
1996 through 2002 crops of sugar beets and sugarcane.
SEC. 108. ADMINISTRATION.
(a) Commodity Credit Corporation.--
[[Page 359]]
(1) Use of corporation.--The Secretary shall carry out this
title through the Commodity Credit Corporation.
(2) Salaries and expenses.--No funds of the Corporation
shall be used for any salary or expense of any officer or
employee of the Department of Agriculture.
(b) Determinations by Secretary.--A determination made by
the Secretary under this title or the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) shall be final and
conclusive.
(c) Regulations.--The Secretary may issue such regulations
as the Secretary determines necessary to carry out this
title.
SEC. 109. SUSPENSION AND REPEAL OF PERMANENT AUTHORITIES.
(a) Agricultural Adjustment Act of 1938.--
(1) In general.--The following provisions of the
Agricultural Adjustment Act of 1938 shall not be applicable
to the 1996 through 2002 crops:
(A) Parts II through V of subtitle B of title III (7 U.S.C.
1326-1351).
(B) Subsections (a) through (j) of section 358 (7 U.S.C.
1358).
(C) Subsections (a) through (h) of section 358a (7 U.S.C.
1358a).
(D) Subsections (a), (b), (d), and (e) of section 358d (7
U.S.C. 1359).
(E) Part VII of subtitle B of title III (7 U.S.C. 1359aa-
1359jj).
(F) In the case of peanuts, part I of subtitle C of title
III (7 U.S.C. 1361-1368).
(G) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(H) Subtitle D of title III (7 U.S.C. 1379a-1379j).
(I) Title IV (7 U.S.C. 1401-1407).
(2) Reports and records.--Effective only for the 1996
through 2002 crops of peanuts, the first sentence of section
373(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1373(a)) is amended by inserting before ``all brokers and
dealers in peanuts'' the following: ``all producers engaged
in the production of peanuts,''.
(b) Agricultural Act of 1949.--
(1) Suspensions.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 1996
through 2002 crops:
(A) Section 101 (7 U.S.C. 1441).
(B) Section 103(a) (7 U.S.C. 1444(a)).
(C) Section 105 (7 U.S.C. 1444b).
(D) Section 107 (7 U.S.C. 1445a).
(E) Section 110 (7 U.S.C. 1445e).
(F) Section 112 (7 U.S.C. 1445g).
(G) Section 115 (7 U.S.C. 1445k).
(H) Title III (7 U.S.C. 1447-1449).
(I) Title IV (7 U.S.C. 1421-1433d), other than sections
404, 406, 412, 416, and 427 (7 U.S.C. 1424, 1426, 1429, 1431,
and 1433f).
(J) Title V (7 U.S.C. 1461-1469).
(K) Title VI (7 U.S.C. 1471-1471j).
(2) Repeals.--The following provisions of the Agricultural
Act of 1949 are repealed:
(A) Section 103B (7 U.S.C. 1444-2).
(B) Section 108B (7 U.S.C. 1445c-3).
(C) Section 113 (7 U.S.C. 1445h).
(D) Section 114(b) (7 U.S.C. 1445j(b)).
(E) Sections 205, 206, and 207 (7 U.S.C. 1446f, 1446g, and
1446h).
(F) Section 406 (7 U.S.C. 1426).
(c) Suspension of Certain Quota Provisions.--The joint
resolution entitled ``A joint resolution relating to corn and
wheat marketing quotas under the Agricultural Adjustment Act
of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330
and 1340), shall not be applicable to the crops of wheat
planted for harvest in the calendar years 1996 through 2002.
SEC. 110. EFFECT OF AMENDMENTS.
(a) Effect on Prior Crops.--Except as otherwise
specifically provided and notwithstanding any other provision
of law, this title and the amendments made by this title
shall not affect the authority of the Secretary to carry out
a price support or production adjustment program for any of
the 1991 through 1995 crops of an agricultural commodity
established under a provision of law in effect immediately
before the date of the enactment of this Act.
(b) Liability.--A provision of this title or an amendment
made by this title shall not affect the liability of any
person under any provision of law as in effect before the
date of the enactment of this Act.
SEC. 111. DAIRY.
Subsection (h) of section 204 of the Agricultural Act of
1949 (7 U.S.C. 1446e) is amended to read as follows:
``(h) Residual Authority for Refund of Budget Deficit
Assessments.--
``(1) Application of subsection.--This subsection shall
apply with respect to the reductions made under this
subsection, as in effect on the day before the date of the
enactment of the Agricultural Market Transition Act, in the
price of milk received by producers during the period
beginning on January 1, 1996, and ending on the date of the
enactment of such Act.
``(2) Refund required.--The Secretary shall provide a
refund of the entire reduction made under this subsection, as
in effect on the day before the date of the enactment of the
Agricultural Market Transition Act, in the price of milk
received by a producer during the period referred to in
paragraph (1) if the producer provides evidence that the
producer did not increase marketings in calendar year 1996
when compared to calendar year 1995.
``(3) Treatment of refunds.--A refund under this subsection
shall not be considered as any type of price support or
payment for purposes of sections 1211 and 1221 of the Food
Security Act of 1985 (16 U.S.C. 3811, 3821).''.
TITLE II--AGRICULTURAL TRADE
Subtitle A--Market Promotion Program and Export Enhancement Program
SEC. 201. MARKET PROMOTION PROGRAM.
Effective as of October 1, 1995, section 211(c)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)) is
amended--
(1) by striking ``and'' after ``1991 through 1993,''; and
(2) by striking ``through 1997,'' and inserting ``through
1995, and not more than $100,000,000 for each of fiscal years
1996 through 2002,''.
SEC. 202. EXPORT ENHANCEMENT PROGRAM.
Effective as of October 1, 1995, section 301(e)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5651(e)(1)) is
amended to read as follows:
``(1) In general.--The Commodity Credit Corporation shall
make available to carry out the program established under
this section not more than--
``(A) $350,000,000 for fiscal year 1996;
``(B) $350,000,000 for fiscal year 1997;
``(C) $500,000,000 for fiscal year 1998;
``(D) $550,000,000 for fiscal year 1999;
``(E) $579,000,000 for fiscal year 2000;
``(F) $478,000,000 for fiscal year 2001; and
``(G) $478,000,000 for fiscal year 2002.''.
Subtitle B--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
SEC. 211. FOOD AID TO DEVELOPING COUNTRIES.
(a) In General.--Section 3 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691a) is
amended to read as follows:
``SEC. 3. FOOD AID TO DEVELOPING COUNTRIES.
``(a) Policy.--In light of the Uruguay Round Agreement on
Agriculture and the Ministerial Decision on Measures
Concerning the Possible Negative Effects of the Reform
Program on Least-Developed and Net-Food Importing Developing
Countries, the United States reaffirms the commitment of the
United States to providing food aid to developing countries.
``(b) Sense of congress.--It is the sense of Congress
that--
``(1) the President should initiate consultations with
other donor nations to consider appropriate levels of food
aid commitments to meet the legitimate needs of developing
countries;
``(2) the United States should increase its contribution of
bona fide food assistance to developing countries consistent
with the Agreement on Agriculture.''.
(b) Conforming Amendment.--Section 411 of the Uruguay Round
Agreements Act (19 U.S.C. 3611) is amended by striking
subsection (e).
SEC. 212. TRADE AND DEVELOPMENT ASSISTANCE.
Section 101 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701) is amended--
(1) by striking ``developing countries'' each place it
appears and inserting ``developing countries and private
entities''; and
(2) in subsection (b), by inserting ``and entities'' before
the period at the end.
SEC. 213. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE
ENTITIES.
Section 102 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1702) is amended to read as
follows:
``SEC. 102. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND
PRIVATE ENTITIES.
``(a) Priority.--In selecting agreements to be entered into
under this title, the Secretary shall give priority to
agreements providing for the export of agricultural
commodities to developing countries that--
``(1) have the demonstrated potential to become commercial
markets for competitively priced United States agricultural
commodities;
``(2) are undertaking measures for economic development
purposes to improve food security and agricultural
development, alleviate poverty, and promote broad-based
equitable and sustainable development; and
``(3) demonstrate the greatest need for food.
``(b) Private Entities.--An agreement entered into under
this title with a private entity shall require such security,
or such other provisions as the Secretary determines
necessary, to provide reasonable and adequate assurance of
repayment of the financing extended to the private entity.
``(c) Agricultural Market Development Plan.--
``(1) Definition of agricultural trade organization.--In
this subsection, the term `agricultural trade organization'
means a United States agricultural trade organization that
promotes the export and sale of a United States agricultural
commodity and that does not stand to profit directly from the
specific sale of the commodity.
``(2) an.--The Secretary shall consider a developing
country for which an agricultural market development plan has
been approved under this subsection to have the demonstrated
potential to become a commercial market for competitively
priced United States agricultural commodities for the purpose
of granting a priority under subsection (a).
``(3) Requirements.--
`(A) In general.--To be approved by the Secretary, an
agricultural market development plan shall--
``(i) be submitted by a developing country or private
entity, in conjunction with an agricultural trade
organization;
``(ii) describe a project or program for the development
and expansion of a United States agricultural commodity
market in a
[[Page 360]]
developing country, and the economic development of the
country, using funds derived from the sale of agricultural
commodities received under an agreement described in section
101;
``(iii) provide for any matching funds that are required by
the Secretary for the project or program;
``(iv) provide for a results-oriented means of measuring
the success of the project or program; and
``(v) provide for graduation to the use of non-Federal
funds to carry out the project or program, consistent with
requirements established by the Secretary.
``(B) Agricultural trade organization.--The project or
program shall be designed and carried out by the agricultural
trade organization.
``(C) Additional requirements.--An agricultural market
development plan shall contain such additional requirements
as are determined necessary by the Secretary.
``(4) Administrative costs.--
``(A) In general.--The Secretary shall make funds made
available to carry out this title available for the
reimbursement of administrative expenses incurred by
agricultural trade organizations in developing, implementing,
and administering agricultural market development plans,
subject to such requirements and in such amounts as the
Secretary considers appropriate.
``(B) Duration.--The funds shall be made available to
agricultural trade organizations for the duration of the
applicable agricultural market development plan.
``(C) Termination.--The Secretary may terminate assistance
made available under this subsection if the agricultural
trade organization is not carrying out the approved
agricultural market development plan.''.
SEC. 214. TERMS AND CONDITIONS OF SALES.
Section 103 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1703) is amended--
(1) in subsection (a)(2)(A)--
(A) by striking ``a recipient country to make''; and
(B) by striking ``such country'' and inserting ``the
appropriate country'';
(2) in subsection (c), by striking ``less than 10 nor'';
and
(3) in subsection (d)--
(A) by striking ``recipient country'' and inserting
``developing country or private entity''; and
(B) by striking ``7'' and inserting ``5''.
SEC. 215. USE OF LOCAL CURRENCY PAYMENT.
Section 104 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1704) is amended--
(1) in subsection (a), by striking ``recipient country''
and inserting ``developing country or private entity''; and
(2) in subsection (c)--
(A) by striking ``recipient country'' each place it appears
and inserting ``appropriate developing country''; and
(B) in paragraph (3), by striking ``recipient countries''
and inserting ``appropriate developing countries''.
SEC. 216. ELIGIBLE ORGANIZATIONS.
Section 202 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1722) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Nonemergency Assistance.--
``(1) In general.--The Administrator may provide
agricultural commodities for nonemergency assistance under
this title through eligible organizations (as described in
subsection (d)) that have entered into an agreement with the
Administrator to use the commodities in accordance with this
title.
``(2) Limitation.--The Administrator may not deny a request
for funds or commodities submitted under this subsection
because the program for which the funds or commodities are
requested--
``(A) would be carried out by the eligible organization in
a foreign country in which the Agency for International
Development does not have a mission, office, or other
presence; or
``(B) is not part of a development plan for the country
prepared by the Agency.''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Private
Voluntary Organizations and Cooperatives'' and inserting
``Eligible Organizations'';
(B) in paragraph (1)--
(i) by striking ``$13,500,000'' and inserting
``$28,000,000''; and
(ii) by striking ``private voluntary organizations and
cooperatives to assist such organizations and cooperatives''
and inserting ``eligible organizations described in
subsection (d), to assist the organizations'';
(C) in paragraph (3), by striking ``a private voluntary
organization or cooperative, the Administrator may provide
assistance to that organization or cooperative'' and
inserting ``an eligible organization, the Administrator may
provide assistance to the eligible organization''.
SEC. 217. GENERATION AND USE OF FOREIGN CURRENCIES.
Section 203 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``, or in a country in
the same region,'' after ``in the recipient country'';
(2) in subsection (b)--
(A) by inserting ``or in countries in the same region,''
after ``in recipient countries,''; and
(B) by striking ``10 percent'' and inserting ``15
percent'';
(3) in subsection (c), by inserting ``or in a country in
the same region,'' after ``in the recipient country,''; and
(4) in subsection (d)(2), by inserting ``or within a
country in the same region'' after ``within the recipient
country''.
SEC. 218. GENERAL LEVELS OF ASSISTANCE UNDER PUBLIC LAW 480.
Section 204(a) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724(a)) is amended--
(1) in paragraph (1), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 2,025,000 metric tons.'';
(2) in paragraph (2), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 1,550,000 metric tons.''; and
(3) in paragraph (3), by adding at the end the following:
``No waiver shall be made before the beginning of the
applicable fiscal year.''.
SEC. 219. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1725) is amended--
(1) in subsection (a), by striking ``private voluntary
organizations, cooperatives and indigenous non-governmental
organizations'' and inserting ``eligible organizations
described in section 202(d)(1)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``for International
Affairs and Commodity Programs'' and inserting ``of
Agriculture for Farm and Foreign Agricultural Services'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) representatives from agricultural producer groups in
the United States.'';
(3) in the second sentence of subsection (d), by inserting
``(but at least twice per year)'' after ``when appropriate'';
and
(4) in subsection (f), by striking ``1995'' and inserting
``2002''.
SEC. 220. SUPPORT OF NONGOVERNMENTAL ORGANIZATIONS.
(a) In General.--Section 306(b) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1727e(b)) is
amended--
(1) in the subsection heading, by striking ``Indigenous
Non-Governmental'' and inserting ``Nongovernmental''; and
(2) by striking ``utilization of indigenous'' and inserting
``utilization of''.
(b) Conforming Amendment.--Section 402 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1732)
is amended by striking paragraph (6) and inserting the
following:
``(6) Nongovernmental organization.--The term
`nongovernmental organization' means an organization that
works at the local level to solve development problems in a
foreign country in which the organization is located, except
that the term does not include an organization that is
primarily an agency or instrumentality of the government of
the foreign country.''.
SEC. 221. COMMODITY DETERMINATIONS.
Section 401 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731) is amended--
(1) by striking subsections (a) through (d) and inserting
the following:
``(a) Availability of Commodities.--No agricultural
commodity shall be available for disposition under this Act
if the Secretary determines that the disposition would reduce
the domestic supply of the commodity below the supply needed
to meet domestic requirements and provide adequate carryover
(as determined by the Secretary), unless the Secretary
determines that some part of the supply should be used to
carry out urgent humanitarian purposes under this Act.'';
(2) by redesignating subsections (e) and (f) as subsections
(b) and (c), respectively; and
(3) in subsection (c) (as so redesignated), by striking
``(e)(1)'' and inserting ``(b)(1)''.
SEC. 222. GENERAL PROVISIONS.
Section 403 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1733) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Consultations'' and inserting ``Impact on Local Farmers and
Economy''; and
(B) by striking ``consult with'' and all that follows
through ``other donor organizations to'';
(2) in subsection (c)--
(A) by striking ``from countries''; and
(B) by striking ``for use'' and inserting ``or use'';
(3) in subsection (f)--
(A) by inserting ``or private entities, as appropriate,''
after ``from countries''; and
(B) by inserting ``or private entities'' after ``such
countries''; and
(4) in subsection (i)(2), by striking subparagraph (C).
SEC. 223. AGREEMENTS.
Section 404 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1734) is amended--
(1) in subsection (a), by inserting ``with foreign
countries'' after ``Before entering into agreements'';
(2) in subsection (b)(2)--
(A) by inserting ``with foreign countries'' after ``with
respect to agreements entered into''; and
(B) by inserting before the semicolon at the end the
following: ``and broad-based economic growth''; and
[[Page 361]]
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--Agreements to provide assistance on a
multi-year basis to recipient countries or to eligible
organizations--
``(A) may be made available under titles I and III; and
``(B) shall be made available under title II.''.
SEC. 224. ADMINISTRATIVE PROVISIONS.
Section 407 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a) is amended--
(1) in subsection (a)--
(A) in paragraph(1), by inserting ``or private entity that
enters into an agreement under title I'' after ``importing
country''; and
(B) in paragraph (2), by adding at the end the following:
``Resulting contracts may contain such terms and conditions
as the Secretary determines are necessary and appropriate.'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``importer or''
before ``importing country''; and
(B) in paragraph (2)(A), by inserting ``importer or''
before ``importing country'';
(3) in subsection (d)--
(A) by striking paragraph (2) and inserting the following:
``(2) Freight procurement.--Notwithstanding the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) or other similar provisions of law relating to
the making or performance of Federal Government contracts,
ocean transportation under titles II and III may be procured
on the basis of such full and open competitive procedures.
Resulting contracts may contain such terms and conditions, as
the Administrator determines are necessary and
appropriate.''; and
(B) by striking paragraph (4);
(4) in subsection (g)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) an assessment of the progress towards achieving food
security in each country receiving food assistance from the
United States Government, with special emphasis on the
nutritional status of the poorest populations in each
country.''; and
(5) by striking subsection (h).
SEC. 225. EXPIRATION DATE.
Section 408 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by
striking ``1995'' and inserting ``2002''.
SEC. 226. REGULATIONS.
Section 409 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736c) is repealed.
SEC. 227. INDEPENDENT EVALUATION OF PROGRAMS.
Section 410 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736d) is repealed.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f) is
amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer of Funds.--Notwithstanding any other
provision of law, the President may direct that--
``(1) up to 15 percent of the funds available for any
fiscal year for carrying out title I or III of this Act be
used to carry out any other title of this Act; and
``(2) up to 100 percent of funds available for title III be
used to carry out title II.''; and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Relation to Other Waiver.--Section 204(a)(3) of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1724(a)(3)) is amended by inserting ``all authority to
transfer from title I under section 412 has been exercised
with respect to that fiscal year and'' after ``any fiscal
year if''.
SEC. 229. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.
Section 413 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736g) is amended by
inserting ``title III of'' before ``this Act'' each place it
appears.
SEC. 230. USE OF CERTAIN LOCAL CURRENCY.
Title IV of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731 et seq.) (as amended by
section 222) is further amended by adding at the end the
following:
``SEC. 416. USE OF CERTAIN LOCAL CURRENCY.
``Local currency payments received by the United States
pursuant to agreements entered into under title I (as in
effect on November 27, 1990) may be utilized by the Secretary
in accordance with section 108 (as in effect on November 27,
1990).''.
SEC. 231. LEVEL OF ASSISTANCE TO FARMER TO FARMER PROGRAM.
Section 501(c) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737(c)) is amended--
(1) by striking ``0.2'' and inserting ``0.4'';
(2) by striking ``0.1'' and inserting ``0.2''; and
(3) by striking ``1991 through 1995'' and inserting ``1996
through 2002''.
SEC. 232. FOOD SECURITY COMMODITY RESERVE.
(a) Food Security Commodity Reserve Act of 1995.--The title
heading of title III of the Agricultural Act of 1980 (7
U.S.C. 1736f-1 note) is amended by striking ``FOOD SECURITY
WHEAT RESERVE ACT OF 1980'' and inserting ``FOOD SECURITY
COMMODITY RESERVE ACT OF 1995''.
(b) Short Title.--Section 301 of the Act (7 U.S.C. 1736f-1
note) is amended by striking ``Food Security Wheat Reserve
Act of 1980'' and inserting ``Food Security Commodity Reserve
Act of 1995''.
(c) In General.--Section 302 of the Act (7 U.S.C. 1736f-1)
is amended--
(1) in the section heading, by striking ``FOOD SECURITY
WHEAT RESERVE'' and inserting ``FOOD SECURITY COMMODITY
RESERVE'';
(2) so that subsection (a) reads as follows:
``(a) In General.--To provide for a reserve solely to meet
emergency humanitarian food needs in developing countries,
the Secretary shall establish a reserve stock of wheat, rice,
corn, or sorghum, or any combination of the commodities,
totaling not more than 4,000,000 metric tons for use as
described in subsection (c).'';
(3) so that subsection (b)(1) reads as follows:
``(b) Commodities in Reserve.--
``(1) In general.--The reserve established under this
section shall consist of--
``(A) wheat in the reserve established under the Food
Security Commodity Reserve Act of 1980 as of the date of
enactment of the Food For Peace Reauthorization Act of 1995;
``(B) wheat, rice, corn, and sorghum (referred to in this
section as `eligible commodities') acquired in accordance
with paragraph (2) to replenish eligible commodities released
from the reserve, including wheat to replenish wheat released
from the reserve established under the Food Security Wheat
Reserve Act of 1980 but not replenished as of the date of
enactment of the Food For Peace Reauthorization Act of 1995;
and
``(C) such rice, corn, and sorghum as the Secretary of
Agriculture (referred to in this section as the `Secretary')
may, at such time and in such manner as the Secretary
determines appropriate, acquire as a result of exchanging an
equivalent value of wheat in the reserve established under
this section.'';
(4) in subsection (b)(2)--
(A) by striking ``(2)(A) Subject to'' and inserting the
following:
``(2) Replenishment of reserve.--
``(A) In general.--Subject to'';
(B) in subparagraph (A)--
(i) by striking ``(i) of this section stocks of wheat'' and
inserting ``(i) stocks of eligible commodities'';
(ii) in clause (ii), by striking ``stocks of wheat'' and
inserting ``stocks of eligible commodities''; and
(iii) in the second sentence, by striking ``wheat'' and
inserting ``eligible commodities''; and
(C) in subparagraph (B)--
(i) by striking ``(B) Not later'' and inserting ``(B) Time
for replenishment of reserve.--Not later''; and
(ii) in clause (ii), by striking ``wheat'' and inserting
``eligible commodities'';
(5) so that subsections (c) through (f) read as follows:
``(c) Release of Eligible Commodities.--
``(1) Determination.--If the Secretary determines that the
amount of commodities allocated for minimum assistance under
section 204(a)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724(a)(1)) less the amount
of commodities allocated for minimum non-emergency assistance
under section 204(a)(2) of the Act (7 U.S.C. 1724(a)(2)) will
be insufficient to meet the need for commodities for
emergency assistance under section 202(a) of the Act (7
U.S.C. 1722(a)), the Secretary in any fiscal year may release
from the reserve--
``(A) up to 500,000 metric tons of wheat or the equivalent
value of eligible commodities other than wheat; and
``(B) any eligible commodities which under subparagraph (A)
could have been released but were not released in prior
fiscal years.
``(2) Availability of commodities.--Commodities released
under paragraph (1) shall be made available under title II of
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1721 et seq.) for emergency assistance.
``(3) Exchange.--The Secretary may exchange an eligible
commodity for another United States commodity of equal value,
including powdered milk, pulses, and vegetable oil.
``(4) Use of normal commercial practices.--To the maximum
extend practicable consistent with the fulfillment of the
purposes of this section and the effective and efficient
administration of this section, the Secretary shall use the
usual and customary channels, facilities, arrangements, and
practices of the trade and commerce.
``(5) Waiver of minimum tonnage requirements.--Nothing in
this subsection shall require the exercise of the waiver
under section 204(a)(3) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) as a
prerequisite for the release of eligible commodities under
this subsection.
``(d) Transportation and Handling Costs.--
``(1) In general.--The cost of transportation and handling
of eligible commodities released from the reserve established
under this section shall be paid by the Commodity Credit
Corporation in accordance with section 406 of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1736).
``(2) Reimbursement.--
``(A) In general.--The Commodity Credit Corporation shall
be reimbursed for the costs incurred under paragraph (1) from
the funds made available to carry out the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.).
[[Page 362]]
``(B) Basis for reimbursement.--The reimbursement shall be
made on the basis of the lesser of the actual cost incurred
by the Commodity Credit Corporation less any savings achieved
as a result of decreased storage and handling costs for the
reserve.
``(C) Decreased storage and handling costs.--For purposes
of this subsection, `decreased storage and handling costs'
shall mean the total actual costs for storage and handling
incurred by the Commodity Credit Corporation for the reserve
established under title III of the Agricultural Act of 1980
in fiscal year 1995 less the total actual costs for storage
and handling incurred by the Corporation for the reserve
established under this Act in the fiscal year for which the
savings are calculated.
``(e) Management of Reserve.--The Secretary shall provide
for--
``(1) the management of eligible commodities in the reserve
as to location and quality of commodities needed to meet
emergency situations; and
``(2) the periodic rotation of eligible commodities in the
reserve to avoid spoilage and deterioration of such stocks.
``(f) Treatment of Reserve Under Other Law.--Eligible
commodities in the reserve established under this section
shall not be--
``(1) considered a part of the total domestic supply
(including carryover) for the purpose of administering the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.); and
``(2) subject to any quantitative limitation on exports
that may be imposed under section 7 of the Export
Administration Act of 1979 (50 U.S.C. App. 2406).'';
(6) in subsection (g)--
(A) by striking ``(g)(1) The'' and inserting the following:
``(g) Use of Commodity Credit Corporation.--The'';
(B) by striking ``wheat'' and inserting ``an eligible
commodity''; and
(C) by striking paragraph (2);
(7) in subsection (h)--
(A) by striking ``(h) Any'' and inserting:
``(h) Finality of Determination.--Any''; and
(B) by striking ``President or the Secretary of
Agriculture'' and inserting ``Secretary''; and
(8) in subsection (i)--
(A) by striking ``(i) The'' and inserting:
``(i) Termination of Authority.--The'';
(B) by striking ``wheat'' each place it appears and
inserting ``eligible commodities''; and
(C) by striking ``1995'' each place it appears and
inserting ``2002''.
(d) Effective Date.--Section 303 of the Act (7 U.S.C. 1736-
1 note) is amended by striking ``October 1, 1980'' and all
that follows through the end of the section and inserting
``on the date of enactment of this Act.''.
(e) Conforming Amendment.--Section 208(d)(2) of the
Agriculture Trade Suspension Adjustment Act of 1980 (7 U.S.C.
4001(d)(2)) is amended to read as follows:
``(2) Applicability of certain provisions.--Subsections
(b)(2), (c), (e), and (f) of section 302 of the Food Security
Commodity Reserve Act of 1995 shall apply to commodities in
any reserve established under paragraph (1), except that the
references to `eligible commodities' in the subsections shall
be deemed to be references to `agricultural commodities'.''.
SEC. 233. FOOD FOR PROGRESS PROGRAM.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1)'' and inserting ``(b)''; and
(ii) in the first sentence, by inserting
``intergovernmental organizations'' after ``cooperatives'';
and
(B) by striking paragraph (2);
(2) in subsection (e)(4), by striking ``203'' and inserting
``406'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``in the case of the
independent states of the former Soviet Union,'';
(B) by striking paragraph (2);
(C) in paragraph (4), by inserting ``in each of fiscal
years 1996 through 2002'' after ``may be used''; and
(D) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(4) in subsection (g), by striking ``1995'' and inserting
``2002'';
(5) in subsection (j), by striking ``shall'' and inserting
``may'';
(6) in subsection (k), by striking ``1995'' and inserting
``2002'';
(7) in subsection (l)(1)--
(A) by striking ``1991 through 1995'' and inserting ``1996
through 2002''; and
(B) by inserting ``, and to provide technical assistance
for monetization programs,'' after ``monitoring of food
assistance programs''; and
(8) in subsection (m)--
(A) by striking ``with respect to the independent states of
the former Soviet Union'';
(B) by striking ``private voluntary organizations and
cooperatives'' each place it appears and inserting
``agricultural trade organizations, intergovernmental
organizations, private voluntary organizations, and
cooperatives''; and
(C) in paragraph (2), by striking ``in the independent
states''.
Subtitle C--Amendments to Agricultural Trade Act of 1978
SEC. 251. AGRICULTURAL EXPORT PROMOTION STRATEGY.
(a) In General.--Section 103 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5603) is amended to read as follows:
``SEC. 103. AGRICULTURAL EXPORT PROMOTION STRATEGY.
``(a) In General.--The Secretary shall develop a strategy
for implementing Federal agricultural export promotion
programs that takes into account the new market opportunities
for agricultural products, including opportunities that
result from--
``(1) the North American Free Trade Agreement and the
Uruguay Round Agreements;
``(2) any accession to membership in the World Trade
Organization;
``(3) the continued economic growth in the Pacific Rim; and
``(4) other developments.
``(b) Purpose of Strategy.--The strategy developed under
subsection (a) shall encourage the maintenance, development,
and expansion of export markets for United States
agricultural commodities and related products, including
high-value and value-added products.
``(c) Goals of Strategy.--The strategy developed under
subsection (a) shall have the following goals:
``(1) By September 30, 2002, increasing the value of annual
United States agricultural exports to $60,000,000,000.
``(2) By September 30, 2002, increasing the United States
share of world export trade in agricultural products
significantly above the average United States share from 1993
through 1995.
``(3) By September 30, 2002, increasing the United States
share of world trade in high-value agricultural products to
20 percent.
``(4) Ensuring that the value of United States exports of
agricultural products increases at a faster rate than the
rate of increase in the value of overall world export trade
in agricultural products.
``(5) Ensuring that the value of United States exports of
high-value agricultural products increases at a faster rate
than the rate of increase in overall world export trade in
high-value agricultural products.
``(6) Ensuring to the extent practicable that--
``(A) substantially all obligations undertaken in the
Uruguay Round Agreement on Agriculture that provide
significantly increased access for United States agricultural
commodities are implemented to the extent required by the
Uruguay Round Agreements; or
``(B) applicable United States trade laws are used to
secure United States rights under the Uruguay Round Agreement
on Agriculture.
``(d) Priority Markets.--
``(1) Identification of markets.--In developing the
strategy required under subsection (a), the Secretary shall
identify as priority markets--
``(A) those markets in which imports of agricultural
products show the greatest potential for increase by
September 30, 2002; and
``(B) those markets in which, with the assistance of
Federal export promotion programs, exports of United States
agricultural products show the greatest potential for
increase by September 30, 2002.
``(2) Identification of supporting offices.--The President
shall identify annually in the budget of the United States
Government submitted under section 1105 of title 31, United
States Code, each overseas office of the Foreign Agricultural
Service that provides assistance to United States exporters
in each of the priority markets identified under paragraph
(1).
``(e) Report.--Not later than December 31, 2001, the
Secretary shall prepare and submit a report to Congress
assessing progress in meeting the goals established by
subsection (c).
``(f) Failure To Meet Goals.--Notwithstanding any other
law, if the Secretary determines that more than 2 of the
goals established by subsection (c) are not met by September
30, 2002, the Secretary may not carry out agricultural trade
programs under the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.) as of that date.
``(g) No Private Right of Action.--This section shall not
create any private right of action.''.
(b) Continuation of Funding.--
(1) In general.--If the Secretary of Agriculture makes a
determination under section 103(f) of the Agricultural Trade
Act of 1978 (as amended by subsection (a)), the Secretary
shall utilize funds of the Commodity Credit Corporation to
promote United States agricultural exports in a manner
consistent with the Commodity Credit Corporation Charter Act
(15 U.S.C. 714 et seq.) and obligations pursuant to the
Uruguay Round Agreements.
(2) Funding.--The amount of Commodity Credit Corporation
funds used to carry out paragraph (1) during a fiscal year
shall not exceed the total outlays for agricultural trade
programs under the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.) during fiscal year 2002.
(c) Elimination of Report.--
(1) In general.--Section 601 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5711) is repealed.
(2) Conforming amendment.--The last sentence of section 603
of the Agricultural Trade Act of 1978 (7 U.S.C. 5713) is
amended by striking ``, in a consolidated report,'' and all
that follows through ``section 601'' and inserting ``or in a
consolidated report''.
SEC. 252. EXPORT CREDITS.
(a) Export Credit Guarantee Program.--Section 202 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended--
[[Page 363]]
(1) in subsection (a)--
(A) by striking ``Guarantees.--The'' and inserting the
following: ``Guarantees.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Supplier credits.--In carrying out this section, the
Commodity Credit Corporation may issue guarantees for the
repayment of credit made available for a period of not more
than 180 days by a United States exporter to a buyer in a
foreign country.'';
(2) in subsection (f)--
(A) by striking ``(f) Restrictions.--The'' and inserting
the following:
``(f) Restrictions.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Criteria for determination.--In making the
determination required under paragraph (1) with respect to
credit guarantees under subsection (b) for a country, the
Secretary may consider, in addition to financial,
macroeconomic, and monetary indicators--
``(A) whether an International Monetary Fund standby
agreement, Paris Club rescheduling plan, or other economic
restructuring plan is in place with respect to the country;
``(B) the convertibility of the currency of the country;
``(C) whether the country provides adequate legal
protection for foreign investments;
``(D) whether the country has viable financial markets;
``(E) whether the country provides adequate legal
protection for the private property rights of citizens of the
country; and
``(F) any other factors that are relevant to the ability of
the country to service the debt of the country.'';
(3) by striking subsection (h) and inserting the following:
``(h) United States Agricultural Components.--The Commodity
Credit Corporation shall finance or guarantee under this
section only United States agricultural commodities.'';
(4) in subsection (i)--
(A) by striking ``Institutions.--A financial'' and
inserting the following: ``Institutions.--
``(1) In general.--A financial'';
(B) by striking paragraph (1);
(C) by striking ``(2) is'' and inserting the following:
``(A) is'';
(D) by striking ``(3) is'' and inserting the following:
``(B) is''; and
(E) by adding at the end the following:
``(2) Third country banks.--The Commodity Credit
Corporation may guarantee under subsections (a) and (b) the
repayment of credit made available to finance an export sale
irrespective of whether the obligor is located in the country
to which the export sale is destined.''; and
(5) by striking subsection (k) and inserting the following:
``(k) Processed and High-Value Products.--
``(1) In general.--In issuing export credit guarantees
under this section, the Commodity Credit Corporation shall,
subject to paragraph (2), ensure that not less than 25
percent for each of fiscal years 1996 and 1997, 30 percent
for each of fiscal years 1998 and 1999, and 35 percent for
each of fiscal years 2000, 2001, and 2002, of the total
amount of credit guarantees issued for a fiscal year is
issued to promote the export of processed or high-value
agricultural products and that the balance is issued to
promote the export of bulk or raw agricultural commodities.
``(2) Limitation.--The percentage requirement of paragraph
(1) shall apply for a fiscal year to the extent that a
reduction in the total amount of credit guarantees issued for
the fiscal year is not required to meet the percentage
requirement.''.
(b) Funding Levels.--Section 211(b) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5641(b)) is amended--
(1) by striking paragraph (2);
(2) by redesignating subparagraph (B) of paragraph (1) as
paragraph (2) and indenting the margin of paragraph (2) (as
so redesignated) so as to align with the margin of paragraph
(1); and
(3) by striking paragraph (1) and inserting the following:
``(1) Export credit guarantees.--The Commodity Credit
Corporation shall make available for each of fiscal years
1996 through 2002 not less than $5,500,000,000 in credit
guarantees under subsections (a) and (b) of section 202.''.
(c) Definitions.--Section 102(7) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5602(7)) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) an agricultural commodity or product entirely
produced in the United States; or
``(B) a product of an agricultural commodity--
``(i) 90 percent or more of the agricultural components of
which by weight, excluding packaging and added water, is
entirely produced in the United States; and
``(ii) that the Secretary determines to be a United States
high value agricultural product.''.
(d) Regulations.--Not later than 180 days after the
effective date of this title, the Secretary of Agriculture
shall issue regulations to carry out the amendments made by
this section.
SEC. 253. EXPORT PROGRAM AND FOOD ASSISTANCE TRANSFER
AUTHORITY.
The Secretary of Agriculture shall fully utilize and
aggressively implement the full range of agricultural export
programs authorized in this Act and any other Act, in any
combination, to help United States agriculture maintain and
expand export markets, promote United States agricultural
commodity and product exports, counter subsidized foreign
competition, and capitalize on potential new market
opportunities. Consistent with United States obligations
under GATT, if the Secretary determines that funds available
under 1 or more export subsidy programs cannot be fully or
effectively utilized for such programs, the Secretary may
utilize such funds for other authorized agricultural export
and food assistance programs to achieve the above objectives
and to further enhance the overall global competitiveness of
United States agriculture. Funds so utilized shall be in
addition to funds which may otherwise be authorized or
appropriated for such other agricultural export programs.
SEC. 254. ARRIVAL CERTIFICATION.
Section 401 of the Agricultural Trade Act of 1978 (7 U.S.C.
5662(a)) is amended by striking subsection (a) and inserting
the following:
``(a) Arrival Certification.--With respect to a commodity
provided, or for which financing or a credit guarantee or
other assistance is made available, under a program
authorized in section 201, 202, or 301, the Commodity Credit
Corporation shall require the exporter of the commodity to
maintain records of an official or customary commercial
nature or other documents as the Secretary may require, and
shall allow representatives of the Commodity Credit
Corporation access to the records or documents as needed, to
verify the arrival of the commodity in the country that was
the intended destination of the commodity.''.
SEC. 255. REGULATIONS.
Section 404 of the Agricultural Trade Act of 1978 (7 U.S.C.
5664) is repealed.
SEC. 256. FOREIGN AGRICULTURAL SERVICE.
Section 503 of the Agricultural Trade Act of 1978 (7 U.S.C.
5693) is amended to read as follows:
``SEC. 503. ESTABLISHMENT OF THE FOREIGN AGRICULTURAL
SERVICE.
``The Service shall assist the Secretary in carrying out
the agricultural trade policy and international cooperation
policy of the United States by--
``(1) acquiring information pertaining to agricultural
trade;
``(2) carrying out market promotion and development
activities;
``(3) providing agricultural technical assistance and
training; and
``(4) carrying out the programs authorized under this Act,
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.), and other Acts.''.
SEC. 257. REPORTS.
The first sentence of section 603 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5713) is amended by striking ``The''
and inserting ``Subject to section 217 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6917),
the''.
Subtitle D--Miscellaneous
SEC. 271. REPORTING REQUIREMENTS RELATING TO TOBACCO.
Section 214 of the Tobacco Adjustment Act of 1983 (7 U.S.C.
509) is repealed.
SEC. 272. TRIGGERED EXPORT ENHANCEMENT.
(a) Readjustment of Support Levels.--Section 1302 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-
508; 7 U.S.C. 1421 note) is repealed.
(b) Triggered Marketing Loans and Export Enhancement.--
Section 4301 of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 7 U.S.C. 1446 note) is repealed.
(c) Effective Date.--The amendments made by this section
shall be effective beginning with the 1996 crops of wheat,
feed grains, upland cotton, and rice.
SEC. 273. DISPOSITION OF COMMODITIES TO PREVENT WASTE.
Section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting after the first sentence
the following: ``The Secretary may use funds of the Commodity
Credit Corporation to cover administrative expenses of the
programs.'';
(B) in paragraph (7)(D)(iv), by striking ``one year of
acquisition'' and all that follows and inserting the
following: ``a reasonable length of time, as determined by
the Secretary, except that the Secretary may permit the use
of proceeds in a country other than the country of origin--
``(I) as necessary to expedite the transportation of
commodities and products furnished under this subsection; or
``(II) if the proceeds are generated in a currency
generally accepted in the other country.'';
(C) in paragraph (8), by striking subparagraph (C); and
(D) by striking paragraphs (10), (11), and (12); and
(2) by striking subsection (c).
SEC. 274. DEBT-FOR-HEALTH-AND-PROTECTION SWAP.
(a) In General.--Section 1517 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1706) is
repealed.
(b) Conforming Amendment.--Subsection (e)(3) of the Food
for Progress Act of 1985 (7 U.S.C. 1736o(e)(3)) is amended by
striking ``section 106'' and inserting ``section 103''.
SEC. 275. POLICY ON EXPANSION OF INTERNATIONAL MARKETS.
Section 1207 of the Agriculture and Food Act of 1981 (7
U.S.C. 1736m) is repealed.
[[Page 364]]
SEC. 276. POLICY ON MAINTENANCE AND DEVELOPMENT OF EXPORT
MARKETS.
Section 1121 of the Food Security Act of 1985 (7 U.S.C.
1736p) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b)''; and
(B) by striking paragraphs (1) through (4) and inserting
the following:
``(1) be the premier supplier of agricultural and food
products to world markets and expand exports of high value
products;
``(2) support the principle of free trade and the promotion
of fair trade in agricultural commodities and products;
``(3) cooperate fully in all efforts to negotiate with
foreign countries further reductions in tariff and nontariff
barriers to trade, including sanitary and phytosanitary
measures and trade-distorting subsidies;
``(4) aggressively counter unfair foreign trade practices
as a means of encouraging fairer trade;''.
SEC. 277. POLICY ON TRADE LIBERALIZATION.
Section 1122 of the Food Security Act of 1985 (7 U.S.C.
1736q) is repealed.
SEC. 278. AGRICULTURAL TRADE NEGOTIATIONS.
Section 1123 of the Food Security Act of 1985 (7 U.S.C.
1736r) is amended to read as follows:
``SEC. 1123. TRADE NEGOTIATIONS POLICY.
``(a) Findings.--Congress finds that--
``(1) on a level playing field, United States producers are
the most competitive suppliers of agricultural products in
the world;
``(2) exports of United States agricultural products will
account for $54,000,000,000 in 1995, contributing a net
$24,000,000,000 to the merchandise trade balance of the
United States and supporting approximately 1,000,000 jobs;
``(3) increased agricultural exports are critical to the
future of the farm, rural, and overall United States economy,
but the opportunities for increased agricultural exports are
limited by the unfair subsidies of the competitors of the
United States, and a variety of tariff and nontariff barriers
to highly competitive United States agricultural products;
``(4) international negotiations can play a key role in
breaking down barriers to United States agricultural exports;
``(5) the Uruguay Round Agreement on Agriculture made
significant progress in the attainment of increased market
access opportunities for United States exports of
agricultural products, for the first time--
``(A) restraining foreign trade-distorting domestic support
and export subsidy programs; and
``(B) developing common rules for the application of
sanitary and phytosanitary restrictions;
that should result in increased exports of United States
agricultural products, jobs, and income growth in the United
States;
``(6) the Uruguay Round Agreement on Agriculture did not
succeed in completely eliminating trade distorting domestic
support and export subsidies by--
``(A) allowing the European Union to continue unreasonable
levels of spending on export subsidies; and
``(B) failing to discipline monopolistic state trading
entities, such as the Canadian Wheat Board, that use
nontransparent and discriminatory pricing as a hidden de
facto export subsidy;
``(7) during the period 1996 through 2002, there will be
several opportunities for the United States to negotiate
fairer trade in agricultural products, including further
negotiations under the World Trade Organization, and steps
toward possible free trade agreements of the Americas and
Asian-Pacific Economic Cooperation (APEC); and
``(8) the United States should aggressively use these
opportunities to achieve more open and fair opportunities for
trade in agricultural products.
``(b) Goals of the United States in Agricultural Trade
Negotiations.--The objectives of the United States with
respect to future negotiations on agricultural trade
include--
``(1) increasing opportunities for United States exports of
agricultural products by eliminating tariff and nontariff
barriers to trade;
``(2) leveling the playing field for United States
producers of agricultural products by limiting per unit
domestic production supports to levels that are no greater
than those available in the United States;
``(3) ending the practice of export dumping by eliminating
all trade distorting export subsidies and disciplining state
trading entities so that they do not (except in cases of bona
fide food aid) sell in foreign markets at below domestic
market prices nor their full costs of acquiring and
delivering agricultural products to the foreign markets; and
``(4) encouraging government policies that avoid price-
depressing surpluses.''.
SEC. 279. POLICY ON UNFAIR TRADE PRACTICES.
Section 1164 of the Food Security Act of 1985 (Public Law
99-198; 99 Stat. 1499) is repealed.
SEC. 280. AGRICULTURAL AID AND TRADE MISSIONS.
(a) In General.--The Agricultural Aid and Trade Missions
Act (7 U.S.C. 1736bb et seq.) is repealed.
(b) Conforming Amendment.--Section 7 of Public Law 100-277
(7 U.S.C. 1736bb note) is repealed.
SEC. 281. ANNUAL REPORTS BY AGRICULTURAL ATTACHES.
Section 108(b)(1)(B) of the Agricultural Act of 1954 (7
U.S.C. 1748(b)(1)(B)) is amended by striking ``including
fruits, vegetables, legumes, popcorn, and ducks''.
SEC. 282. WORLD LIVESTOCK MARKET PRICE INFORMATION.
Section 1545 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1761 note) is
repealed.
SEC. 283. ORDERLY LIQUIDATION OF STOCKS.
Sections 201 and 207 of the Agricultural Act of 1956 (7
U.S.C. 1851 and 1857) are repealed.
SEC. 284. SALES OF EXTRA LONG STAPLE COTTON.
Section 202 of the Agricultural Act of 1956 (7 U.S.C. 1852)
is repealed.
SEC. 285. REGULATIONS.
Section 707 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 7 U.S.C. 5621 note) is amended by striking
subsection (d).
SEC. 286. EMERGING MARKETS.
(a) Promotion of Agricultural Exports to Emerging
Markets.--
(1) Emerging markets.--Section 1542 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended--
(A) in the section heading, by striking ``emerging
democracies'' and inserting ``emerging markets'';
(B) by striking ``emerging democracies'' each place it
appears in subsections (b), (d), and (e) and inserting
``emerging markets'';
(C) by striking ``emerging democracy'' each place it
appears in subsection (c) and inserting ``emerging market'';
and
(D) by striking subsection (f) and inserting the following:
``(f) Emerging Market.--In this section and section 1543,
the term `emerging market' means any country that the
Secretary determines--
``(1) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(2) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Funding.--Section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 is amended by striking
subsection (a) and inserting the following:
``(a) Funding.--The Commodity Credit Corporation shall make
available for fiscal years 1996 through 2002 not less than
$1,000,000,000 of direct credits or export credit guarantees
for exports to emerging markets under section 201 or 202 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622),
in addition to the amounts acquired or authorized under
section 211 of the Act (7 U.S.C. 5641) for the program.''.
(3) Agricultural fellowship program.--Section 1542 of the
Food, Agriculture, Conservation, and Trade Act of 1990 is
amended--
(A) in subsection (b), by striking the last sentence and
inserting the following: ``The Commodity Credit Corporation
shall give priority under this subsection to--
``(A) projects that encourage the privatization of the
agricultural sector or that benefit private farms or
cooperatives in emerging markets; and
``(B) projects for which nongovernmental persons agree to
assume a relatively larger share of the costs.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``the Soviet Union'' and inserting ``emerging markets'';
(ii) in paragraph (1)--
(I) in subparagraph (A)(i)--
(aa) by striking ``1995'' and inserting ``2002''; and
(bb) by striking ``those systems, and identify'' and
inserting ``the systems, including potential reductions in
trade barriers, and identify and carry out'';
(II) in subparagraph (B), by striking ``shall'' and
inserting ``may'';
(III) in subparagraph (D), by inserting ``(including the
establishment of extension services)'' after ``technical
assistance'';
(IV) by striking subparagraph (F);
(V) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(VI) in subparagraph (H) (as redesignated by subclause
(V)), by striking ``$10,000,000'' and inserting
``$20,000,000'';
(iii) in paragraph (2)--
(I) by striking ``the Soviet Union'' each place it appears
and inserting ``emerging markets'';
(II) in subparagraph (A), by striking ``a free market food
production and distribution system'' and inserting ``free
market food production and distribution systems'';
(III) in subparagraph (B)--
(aa) in clause (i), by striking ``Government'' and
inserting ``governments'';
(bb) in clause (iii)(II), by striking ``and'' at the end;
(cc) in clause (iii)(III), by striking the period at the
end and inserting ``; and''; and
(dd) by adding at the end of clause (iii) the following:
``(IV) to provide for the exchange of administrators and
faculty members from agricultural and other institutions to
strengthen and revise educational programs in agricultural
economics, agribusiness, and agrarian law, to support change
towards a free market economy in emerging markets.'';
(IV) by striking subparagraph (D); and
by redesignating subparagraph (E) as subparagraph (D); and
(iv) by striking paragraph (3).
[[Page 365]]
(4) United states agricultural commodity.--Subsections (b)
and (c) of section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 are amended by striking
``section 101(6)'' each place it appears and inserting
``section 102(7)''.
(5) Report.--The first sentence of section 1542(e)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by striking ``Not'' and inserting ``Subject to
section 217 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6917), not''.
(b) Agricultural Fellowship Program for Middle Income
Countries, Emerging Democracies, and Emerging Markets.--
Section 1543 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in the section heading, by striking ``middle income
countries and emerging democracies'' and inserting ``middle
income countries, emerging democracies, and emerging
markets'';
(2) in subsection (b), by adding at the end the following:
``(5) Emerging market.--Any emerging market, as defined in
section 1542(f).''; and
(3) in subsection (c)(1), by striking ``food needs'' and
inserting ``food and fiber needs''.
(c) Conforming Amendments.--
(1) Section 501 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(A) in subsection (a), by striking ``emerging democracies''
and inserting ``emerging markets''; and
(B) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Emerging market.--The term `emerging market' means
any country that the Secretary determines--
``(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(B) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Section 201(d)(1)(C)(ii) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(d)(1)(C)(ii)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
(3) Section 202(d)(3)(B) of the Agricultural Trade Act of
1978 (7 U.S.C. 5622(d)(3)(B)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
SEC. 287. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
Part III of subtitle A of title IV of the Uruguay Round
Agreements Act (Public Law 103-465; 108 Stat. 4964) is
amended by adding at the end the following:
``SEC. 427. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
``Not later than September 30 of each fiscal year, the
Secretary of Agriculture shall determine whether the
obligations undertaken by foreign countries under the Uruguay
Round Agreement on Agriculture are being fully implemented.
If the Secretary of Agriculture determines that any foreign
country, by not implementing the obligations of the country,
is significantly constraining an opportunity for United
States agricultural exports, the Secretary shall--
``(1) submit to the United States Trade Representative a
recommendation as to whether the President should take action
under any provision of law; and
``(2) transmit a copy of the recommendation to the
Committee on Agriculture, the Committee on International
Relations, and the Committee on Ways and Means, of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, and the Committee on Finance, of the
Senate.''.
SEC. 288. SENSE OF CONGRESS CONCERNING MULTILATERAL
DISCIPLINES ON CREDIT GUARANTEES.
It is the sense of Congress that--
(1) in negotiations to establish multilateral disciplines
on agricultural export credits and credit guarantees, the
United States should not agree to any arrangement that is
incompatible with the provisions of United States law that
authorize agricultural export credits and credit guarantees;
(2) in the negotiations (which are held under the auspices
of the Organization for Economic Cooperation and
Development), the United States should not reach any
agreement that fails to impose disciplines on the practices
of foreign government trading entities such as the Australian
Wheat Board and Canadian Wheat Board; and
(3) the disciplines should include greater openness in the
operations of the entities as long as the entities are
subsidized by the foreign government or have monopolies for
exports of a commodity that are sanctioned by the foreign
government.
SEC. 289. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.)
is amended by adding at the end the following:
``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM
``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION.
``In this title, the term `eligible trade organization'
means a United States trade organization that--
``(1) promotes the export of 1 or more United States
agricultural commodities or products; and
``(2) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities
or products.
``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) In General.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and
develop foreign markets for United States agricultural
commodities and products.
``(b) Administration.--Funds made available to carry out
this title shall be used only to provide--
``(1) cost-share assistance to an eligible trade
organization under a contract or agreement with the
organization; and
``(2) assistance for other costs that are necessary or
appropriate to carry out the foreign market development
cooperator program, including contingent liabilities that are
not otherwise funded.
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of fiscal years
1996 through 2002.''.
Subtitle E--Dairy Exports
SEC. 291. DAIRY EXPORT INCENTIVE PROGRAM.
(a) In General.--Section 153(c) of the Food Security Act of
1985 (15 U.S.C. 713a-14(c)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraphs:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States as a
member of the World Trade Organization are exported under the
program each year (minus the volume sold under section 1163
of the Food Security Act of 1985 (7 U.S.C. 1731 note) during
that year), except to the extent that the export of such a
volume under the program would, in the judgment of the
Secretary, exceed the limitations on the value set forth in
subsection (f); and
``(4) payments may be made under the program for exports to
any destination in the world for the purpose of market
development, except a destination in a country with respect
to which shipments from the United States are otherwise
restricted by law.''.
(b) Sole Discretion.--Section 153(b) of the Food Security
Act of 1985 (15 U.S.C. 713a-14(b)) is amended by inserting
``sole'' before ``discretion''.
(c) Market Development.--Section 153(e)(1) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(e)(1)) is amended--
(1) by striking ``and'' and inserting ``the''; and
(2) by inserting before the period the following: ``, and
any additional amount that may be required to assist in the
development of world markets for United States dairy
products''.
(d) Maximum Allowable Amounts.--Section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14) is amended by adding
at the end the following:
``(f) Required Funding.--The Commodity Credit Corporation
shall in each year use money and commodities for the program
under this section in the maximum amount consistent with the
obligations of the United States as a member of the World
Trade Organization, minus the amount expended under section
1163 of the Food Security Act of 1985 (7 U.S.C. 1731 note)
during that year. However, the Commodity Credit Corporation
may not exceed the limitations specified in subsection (c)(3)
on the volume of allowable dairy product exports.''.
(e) Conforming Amendment.--Section 153(a) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(a)) is amended by
striking ``2001'' and inserting ``2002''.
SEC. 292. AUTHORITY TO ASSIST IN ESTABLISHMENT AND
MAINTENANCE OF EXPORT TRADING COMPANY.
The Secretary of Agriculture shall, consistent with the
obligations of the United States as a member of the World
Trade Organization, provide such advice and assistance to the
United States dairy industry as may be necessary to enable
that industry to establish and maintain an export trading
company under the Export Trading Company Act of 1982 (15
U.S.C. 4001 et seq.) for the purpose of facilitating the
international market development for and exportation of dairy
products produced in the United States.
SEC. 293. STANDBY AUTHORITY TO INDICATE ENTITY BEST SUITED TO
PROVIDE INTERNATIONAL MARKET DEVELOPMENT AND
EXPORT SERVICES.
(a) Indication of Entity Best Suited to Assist
International Market Development for and Export of United
States Dairy Products.--If--
(1) the United States dairy industry has not established an
export trading company under the Export Trading Company Act
of 1982 (15 U.S.C. 4001 et seq.) for the purpose of
facilitating the international market development for and
exportation of dairy products produced in the United States
on or before June 30, 1996; or
(2) the quantity of exports of United States dairy products
during the 12-month period preceding July 1, 1997 does not
exceed the quantity of exports of United States dairy
products during the 12-month period preceding July 1, 1996 by
1.5 billion pounds (milk equivalent, total solids basis);
the Secretary of Agriculture is directed to indicate which
entity autonomous of the Government of the United States is
best
[[Page 366]]
suited to facilitate the international market development for
and exportation of United States dairy products.
(b) Funding of Export Activities.--The Secretary shall
assist the entity in identifying sources of funding for the
activities specified in subsection (a) from within the dairy
industry and elsewhere.
(c) Application of Section.--This section shall apply only
during the period beginning on July 1, 1997 and ending on
September 30, 2000.
SEC. 294. STUDY AND REPORT REGARDING POTENTIAL IMPACT OF
URUGUAY ROUND ON PRICES, INCOME AND GOVERNMENT
PURCHASES.
(a) Study.--The Secretary of Agriculture shall conduct a
study, on a variety by variety of cheese basis, to determine
the potential impact on milk prices in the United States,
dairy producer income, and Federal dairy program costs, of
the allocation of additional cheese granted access to the
United States as a result of the obligations of the United
States as a member of the World Trade Organization.
(b) Report.--Not later than June 30, 1997, the Secretary
shall report to the Committees on Agriculture of the Senate
and the House of Representatives the results of the study
conducted under this section.
(c) Rule of Construction.--Any limitation imposed by Act of
Congress on the conduct or completion of studies or reports
to Congress shall not apply to the study and report required
under this section unless such limitation explicitly
references this section in doing so.
SEC. 295. PROMOTION OF AMERICAN DAIRY PRODUCTS IN
INTERNATIONAL MARKETS THROUGH DAIRY PROMOTION
PROGRAM.
Section 113(e) of the Dairy Production Stabilization Act of
1983 (7 U.S.C. 4504(e)) is amended by adding at the end the
following new sentence: ``For each of the fiscal years 1996
through 2000, the Board's budget shall provide for the
expenditure of not less than 10 percent of the anticipated
revenues available to the Board to develop international
markets for, and to promote within such markets, the
consumption of dairy products produced in the United States
from milk produced in the United States.''.
TITLE III--CONSERVATION
Subtitle A--Environmental Conservation Acreage Reserve Program
SEC. 311. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
Section 1230 of the Food Security Act of 1985 (16 U.S.C.
3830) is amended to read as follows:
``SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE
PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 calendar
years, the Secretary shall establish an environmental
conservation acreage reserve program (referred to in this
section as `ECARP') to be implemented through contracts and
the acquisition of easements to assist owners and operators
of farms and ranches to conserve and enhance soil, water, and
related natural resources, including grazing land, wetland,
and wildlife habitat.
``(2) Means.--The Secretary shall carry out the ECARP by--
``(A) providing for the long-term protection of
environmentally sensitive land; and
``(B) providing technical and financial assistance to
farmers and ranchers to--
``(i) improve the management and operation of the farms and
ranches; and
``(ii) reconcile productivity and profitability with
protection and enhancement of the environment.
``(3) Programs.--The ECARP shall consist of--
``(A) the conservation reserve program established under
subchapter B;
``(B) the wetlands reserve program established under
subchapter C;
``(C) the environmental quality incentives program
established under chapter 4; and
``(D) a farmland protection program under which the
Secretary shall use funds of the Commodity Credit Corporation
for the purchase of conservation easements or other interests
in not less than 170,000, nor more than 340,000, acres of
land with prime, unique, or other productive soil that is
subject to a pending offer from a State or local government
for the purpose of protecting topsoil by limiting
nonagricultural uses of the land, except that any highly
erodible cropland shall be subject to the requirements of a
conservation plan, including, if required by the Secretary,
the conversion of the land to less intensive uses. In no case
shall total expenditures of funding from the Commodity Credit
Corporation exceed a total of $35,000,000 over the first 3
and subsequent fiscal years.
``(b) Administration.--
``(1) In general.--In carrying out the ECARP, the Secretary
shall enter into contracts with owners and operators and
acquire interests in land through easements from owners, as
provided in this chapter and chapter 4.
``(2) Prior enrollments.--Acreage enrolled in the
conservation reserve or wetlands reserve program prior to the
effective date of this paragraph shall be considered to be
placed into the ECARP.
``(c) Conservation Priority Areas.--
``(1) Designation.--
``(A) In general.--The Secretary shall designate watersheds
or regions of special environmental sensitivity, including
the Chesapeake Bay Region (consisting of Pennsylvania,
Maryland, and Virginia), the Great Lakes Region, the
Rainwater Basin Region, the Lake Champlain Basin, the Prairie
Pothole Region, and the Long Island Sound Region, as
conservation priority areas that are eligible for enhanced
assistance through the programs established under this
chapter and chapter 4.
``(B) Application.--A designation shall be made under this
paragraph if agricultural practices on land within the
watershed or region pose a significant threat to soil, water,
and related natural resources, as determined by the
Secretary, and an application is made by--
``(i) a State agency in consultation with the State
technical committee established under section 1261; or
``(ii) State agencies from several States that agree to
form an interstate conservation priority area.
``(C) Assistance.--The Secretary shall designate a
watershed or region of special environmental sensitivity as a
conservation priority area to assist, to the maximum extent
practicable, agricultural producers within the watershed or
region to comply with nonpoint source pollution requirements
under the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) and other Federal and State environmental laws.
``(2) Applicability.--The Secretary shall designate a
watershed or region of special environmental sensitivity as a
conservation priority area in a manner that conforms, to the
maximum extent practicable, to the functions and purposes of
the conservation reserve, wetlands reserve, and environmental
quality incentives programs, as applicable, if participation
in the program or programs is likely to result in the
resolution or amelioration of significant soil, water, and
related natural resource problems related to agricultural
production activities within the watershed or region.
``(3) Termination.--A conservation priority area
designation shall terminate on the date that is 5 years after
the date of the designation, except that the Secretary may--
``(A) redesignate the area as a conservation priority area;
or
``(B) withdraw the designation of a watershed or region if
the Secretary determines the area is no longer affected by
significant soil,water, and related natural resource impacts
related to agricultural production activities.''.
SEC. 312. CONSERVATION RESERVE PROGRAM.
(a) Program Extensions.--
(1) Conservation reserve program.--Section 1231 of the Act
(16 U.S.C. 3831) is amended in subsections (a) and (b)(3), by
striking ``1995'' each place it appears and inserting
``2002''.
(3) Duties of owners and operators.--Section 1232(c) of the
Act (16 U.S.C. 3832(c)) is amended by striking ``1995'' and
inserting ``2002''.
(b) Maximum Enrollment.--Section 1231(d) of the Food
Security Act of 1985 (16 U.S.C. 3831(d)) is amended striking
``total of'' and all that follows through the period at the
end of the subsection and inserting ``total of 36,400,000
acres during the 1986 through 2002 calendar years (including
contracts extended by the Secretary pursuant to section
1437(c) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (Public Law 101-624; 16 U.S.C. 3831 note).''.
(c) Optional Contract Termination by Producers.--Section
1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is
amended by adding at the end the following new subsection:
``(e) Termination by Owner or Operator.--
``(1) Early termination authorized.--The Secretary shall
allow an owner or operator of land that, on the date of the
enactment of the Agricultural Market Transition Act, is
covered by a contract that was entered into under this
subchapter at least five years before that date to terminate
the contract with respect to all or a portion of the covered
land. The owner or operator shall provide the Secretary with
reasonable notice of the termination request.
``(2) Certain lands excepted.--Notwithstanding paragraph
(1), the following lands shall not be subject to an early
termination of a contract under this subsection:
``(A) Filterstrips, waterways, strips adjacent to riparian
areas, windbreaks, and shelterbelts.
``(B) Land with an erodibility index of more than 15.
``(C) Other lands of high environmental value, as
determined by the Secretary.
``(3) Effective date.--The contract termination shall take
effect 60 days after the date on which the owner or operator
submits the notice under paragraph (1).
``(4) Prorated rental payment.--If a contract entered into
under this subchapter is terminated under this subsection
before the end of the fiscal year for which a rental payment
is due, the Secretary shall provide a prorated rental payment
covering the portion of the fiscal year during which the
contract was in effect.
``(5) Renewed enrollment.--The termination of a contract
entered into under this subchapter shall not affect the
ability of the owner or operator who requested the
termination to submit a subsequent bid to enroll the land
that was subject to the contract into the conservation
reserve.
``(6) Conservation requirements.--If land that was subject
to a contract is returned to production of an agricultural
commodity, the conservation requirements under subtitles B
and C shall apply to the use of the land to the extent that
the requirements are
[[Page 367]]
similar to those requirements imposed on other similar lands
in the area, except that the requirements may not be more
onerous that the requirements imposed on other lands.''.
(d) Use of Unexpended Funds.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended by adding at
the end the following:
``(h) Use of Unexpended Funds from Contract Terminations.--
If a contract entered into under this section is terminated,
voluntarily or otherwise, before the expiration date
specified in the contract, the Secretary may use funds,
already available to the Secretary to cover payments under
the contract, but unexpended as a result of the contract
termination, to enroll other eligible lands in the
conservation reserve established under this subchapter.''.
(e) Fair Market Value Rental Rates.--
(1) In general.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended by adding at the end
the following new paragraph:
``(5) In the case of a contract covering land which has not
been previously enrolled in the conservation reserve, annual
rental payments under the contract may not exceed the average
fair market rental rate for comparable lands in the county in
which the lands are located. This paragraph shall not apply
to the extension of an existing contract.''.
(2) Application of amendment.--The amendment made by
paragraph (1) shall apply with respect to contracts for the
enrollment of lands in the conservation reserve program under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831)) entered into after the date of the enactment of this
Act.
(f) Enrollments in 1997.--Section 725 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1996 (Public Law 104-37; 109
Stat. 332), is amended by striking the proviso relating to
enrollment of new acres in 1997.
SEC. 313. WETLANDS RESERVE PROGRAM.
(a) Purposes.--Section 1237(a) of the Food Security Act of
1985 (16 U.S.C. 3837(a)) is amended by striking ``to assist
owners of eligible lands in restoring and protecting
wetlands'' and inserting ``to protect wetlands for purposes
of enhancing water quality and providing wildlife benefits
while recognizing landowner rights''.
(b) Enrollment.--Section 1237 of the Food Security Act of
1985 (16 U.S.C. 3837) is amended by striking subsection (b)
and inserting the following:
``(b) Minimum Enrollment.--The Secretary shall enroll into
the wetlands reserve program--
``(1) during the 1996 through 2002 calendar years, a total
of not more than 975,000 acres; and
``(2) beginning with offers accepted by the Secretary
during calendar year 1997, to the maximum extent practicable,
\1/3\ of the acres in permanent easements, \1/3\ of the acres
in 30-year easements, and \1/3\ of the acres in restoration
cost-share agreements.''.
(c) Eligibility.--Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended--
(1) by striking ``2000'' and inserting ``2002''; and
(2) by inserting ``the land maximizes wildlife benefits and
wetland values and functions and'' after ``determines that''.
(d) Other Eligible Lands.--Section 1237(d) (16 U.S.C.
3837(d)) is amended by inserting after ``subsection (c)'' the
following ``, land that maximizes wildlife benefits and that
is''.
(e) Easements.--Section 1237A of the Food Security Act of
1985 (16 U.S.C. 3837a) is amended--
(1) in the section heading, by inserting before the period
at the end the following: ``and agreements'';
(2) by striking subsection (c) and inserting the following:
``(c) Restoration Plans.--The development of a restoration
plan, including any compatible use, under this section shall
be made through the local Natural Resources Conservation
Service representative, in consultation with the State
technical committee.'';
(3) in subsection (f), by striking the third sentence and
inserting the following: ``Compensation may be provided in
not less than 5, nor more than 30, annual payments of equal
or unequal size, as agreed to by the owner and the
Secretary.''; and
(4) by adding at the end the following:
``(h) Cost Share Agreements.--The Secretary may enroll land
into the wetland reserve through agreements that require the
landowner to restore wetlands on the land, if the agreement
does not provide the Secretary with an easement.''.
(f) Cost Share and Technical Assistance.--Section 1237C of
the Food Security Act of 1985 (16 U.S.C. 3837c) is amended by
striking subsection (b) and inserting the following:
``(b) Cost Share and Technical Assistance.--In the case of
an easement entered into during the 1996 through 2002
calendar years, in making cost share payments under
subsection (a)(1), the Secretary shall--
``(1) in the case of a permanent easement, pay the owner an
amount that is not less than 75 percent, but not more than
100 percent, of the eligible costs;
``(2) in the case of a 30-year easement or a cost-share
agreement, pay the owner an amount that is not less than 50
percent, but not more than 75 percent, of the eligible costs;
and
``(3) provide owners technical assistance to assist
landowners in complying with the terms of easements and
agreements.''.
SEC. 314. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) is amended by adding at the end the
following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
``SEC. 1238. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) farmers and ranchers cumulatively manage more than
\1/2\ of the private lands in the continental United States;
``(2) because of the predominance of agriculture, the soil,
water, and related natural resources of the United States
cannot be protected without cooperative relationships between
the Federal Government and farmers and ranchers;
``(3) farmers and ranchers have made tremendous progress in
protecting the environment and the agricultural resource base
of the United States over the past decade because of not only
Federal Government programs but also their spirit of
stewardship and the adoption of effective technologies;
``(4) it is in the interest of the entire United States
that farmers and ranchers continue to strive to preserve soil
resources and make more efforts to protect water quality and
wildlife habitat, and address other broad environmental
concerns;
``(5) environmental strategies that stress the prudent
management of resources, as opposed to idling land, will
permit the maximum economic opportunities for farmers and
ranchers in the future;
``(6) unnecessary bureaucratic and paperwork barriers
associated with existing agricultural conservation assistance
programs decrease the potential effectiveness of the
programs; and
``(7) the recent trend of Federal spending on agricultural
conservation programs suggests that assistance to farmers and
ranchers in future years will, absent changes in policy,
dwindle to perilously low levels.
``(b) Purposes.--The purposes of the environmental quality
incentives program established by this chapter are to--
``(1) combine into a single program the functions of--
``(A) the agricultural conservation program authorized by
sections 7 and 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590g and 590h) (as in effect before
the amendments made by section 355(a)(1) of the Agricultural
Reform and Improvement Act of 1996);
``(B) the Great Plains conservation program established
under section 16(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590p(b)) (as in effect before the
amendment made by section 355(b)(1) of the Agricultural
Reform and Improvement Act of 1996); and
``(C) the water quality incentives program established
under chapter 2 (as in effect before the amendment made by
section 355(k) of the Agricultural Reform and Improvement Act
of 1996); and
``(D) the Colorado River Basin salinity control program
established under section 202(c) of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1592(c)) (as in effect before
the amendment made by section 355(c)(1) of the Agricultural
Reform and Improvement Act of 1996); and
``(2) carry out the single program in a manner that
maximizes environmental benefits per dollar expended, and
that provides--
``(A) flexible technical and financial assistance to
farmers and ranchers that face the most serious threats to
soil, water, and related natural resources, including grazing
lands, wetlands, and wildlife habitat;
``(B) assistance to farmers and ranchers in complying with
this title and Federal and State environmental laws, and to
encourage environmental enhancement;
``(C) assistance to farmers and ranchers in making
beneficial, cost-effective changes to cropping systems,
grazing management, manure, nutrient, pest, or irrigation
management, land uses, or other measures needed to conserve
and improve soil, water, and related natural resources; and
``(D) for the consolidation and simplification of the
conservation planning process to reduce administrative
burdens on the owners and operators of farms and ranches.
``SEC. 1238A. DEFINITIONS.
``In this chapter:
``(1) Land management practice.--The term `land management
practice' means nutrient or manure management, integrated
pest management, irrigation management, tillage or residue
management, grazing management, or another land management
practice the Secretary determines is needed to protect soil,
water, or related resources in the most cost effective
manner.
``(2) Large confined livestock operation.--The term `large
confined livestock operation' means a farm or ranch that--
``(A) is a confined animal feeding operation; and
``(B) has more than--
``(i) 700 mature dairy cattle;
``(ii) 1,000 beef cattle;
``(iii) 100,000 laying hens or broilers;
``(iv) 55,000 turkeys;
``(v) 2,500 swine; or
``(vi) 10,000 sheep or lambs.
``(3) Livestock.--The term `livestock' means mature dairy
cows, beef cattle, laying hens, broilers, turkeys, swine,
sheep, or lambs.
``(4) Operator.--The term `operator' means a person who is
engaged in crop or
[[Page 368]]
livestock production (as defined by the Secretary).
``(5) Structural practice.--The term `structural practice'
means the establishment of an animal waste management
facility, terrace, grassed waterway, contour grass strip,
filterstrip, permanent wildlife habitat, or another
structural practice that the Secretary determines is needed
to protect soil, water, or related resources in the most cost
effective manner.
``SEC. 1238B. ESTABLISHMENT AND ADMINISTRATION OF
ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 fiscal
years, the Secretary shall provide technical assistance,
cost-sharing payments, and incentive payments, education to
operators, who enter into contracts with the Secretary,
through an environmental quality incentives program in
accordance with this chapter.
``(2) Eligible practices.--
``(A) Structural practices.--An operator who implements a
structural practice shall be eligible for technical
assistance or cost-sharing payments, education or both.
``(B) Land management practices.--An operator who performs
a land management practice shall be eligible for technical
assistance or incentive payments, education or both.
``(b) Application and Term.--A contract between an operator
and the Secretary under this chapter may--
``(1) apply to 1 or more structural practices or 1 or more
land management practices, or both; and
``(2) have a term of not less than 5, nor more than 10,
years, as determined appropriate by the Secretary, depending
on the practice or practices that are the basis of the
contract.
``(c) Structural Practices.--
``(1) Competitive offer.--The Secretary shall administer a
competitive offer system for operators proposing to receive
cost-sharing payments in exchange for the implementation of 1
or more structural practices by the operator. The competitive
offer system shall consist of--
``(A) the submission of a competitive offer by the operator
in such manner as the Secretary may prescribe; and
``(B) evaluation of the offer in light of the priorities
established in section 1238C and the projected cost of the
proposal, as determined by the Secretary.
``(2) Concurrence of owner.--If the operator making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the operator shall obtain the concurrence of the
owner of the land with respect to the offer.
``(d) Land Management Practices.--The Secretary shall
establish an application and evaluation process for awarding
technical assistance or incentive payments, or both, to an
operator in exchange for the performance of 1 or more land
management practices by the operator.
``(e) Cost-Sharing and Incentive Payments.--
``(1) Cost-sharing payments.--
``(A) In general.--The Federal share of cost-sharing
payments to an operator proposing to implement 1 or more
structural practices shall not be more than 75 percent of the
projected cost of the practice, as determined by the
Secretary, taking into consideration any payment received by
the operator from a State or local government.
``(B) Limitation.--An operator of a large confined
livestock operation shall not be eligible for cost-sharing
payments to construct an animal waste management facility.
``(C) Other payments.--An operator shall not be eligible
for cost-sharing payments for structural practices on
eligible land under this chapter if the operator receives
cost-sharing payments or other benefits for the same land
under chapter 1 or 3.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by
the Secretary to be necessary to encourage an operator to
perform 1 or more land management practices.
``(f) Technical Assistance.--
``(1) Funding.--The Secretary shall allocate funding under
this chapter for the provision of technical assistance
according to the purpose and projected cost for which the
technical assistance is provided in a fiscal year. The
allocated amount may vary according to the type of expertise
required, quantity of time involved, and other factors as
determined appropriate by the Secretary. Funding shall not
exceed the projected cost to the Secretary of the technical
assistance provided in a fiscal year.
``(2) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the
eligibility of the operator to receive technical assistance
under other authorities of law available to the Secretary.
``(g) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with an
operator under this chapter if--
``(A) the operator agrees to the modification or
termination; and
``(B) the Secretary determines that the modification or
termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this chapter if the Secretary determines
that the operator violated the contract.
``(h) Non-Federal Assistance.--
``(1) In general.--The Secretary may request the services
of a State water quality agency, State fish and wildlife
agency, State forestry agency, or any other governmental or
private resource considered appropriate to assist in
providing the technical assistance necessary for the
development and implementation of a structural practice or
land management practice.
``(2) Limitation on liability.--No person shall be
permitted to bring or pursue any claim or action against any
official or entity based on or resulting from any technical
assistance provided to an operator under this chapter to
assist in complying with a Federal or State environmental
law.
``SEC. 1238C. EVALUATION OF OFFERS AND PAYMENTS.
``(a) Regional Priorities.--The Secretary shall provide
technical assistance, cost-sharing payments, and incentive
payments to operators in a region, watershed, or conservation
priority area under this chapter based on the significance of
the soil, water, and related natural resource problems in the
region, watershed, or area, and the structural practices or
land management practices that best address the problems, as
determined by the Secretary.
``(b) Maximization of Environmental Benefits.--
``(1) In general.--In providing technical assistance, cost-
sharing payments, and incentive payments to operators in
regions, watersheds, or conservation priority areas under
this chapter, the Secretary shall accord a higher priority to
assistance and payments that maximize environmental benefits
per dollar expended.
``(2) National and regional priority.--The prioritization
shall be done nationally as well as within the conservation
priority area, region, or watershed in which an agricultural
operation is located.
``(3) Criteria.--To carry out this subsection, the
Secretary shall establish criteria for implementing
structural practices and land management practices that best
achieve conservation goals for a region, watershed, or
conservation priority area, as determined by the Secretary.
``(c) State or Local Contributions.--The Secretary shall
accord a higher priority to operators whose agricultural
operations are located within watersheds, regions, or
conservation priority areas in which State or local
governments have provided, or will provide, financial or
technical assistance to the operators for the same
conservation or environmental purposes.
``(d) Priority Lands.--The Secretary shall accord a higher
priority to structural practices or land management practices
on lands on which agricultural production has been determined
to contribute to, or create, the potential for failure to
meet applicable water quality standards or other
environmental objectives of a Federal or State law.
``SEC. 1238D. DUTIES OF OPERATORS.
``To receive technical assistance, cost-sharing payments,
or incentives payments under this chapter, an operator shall
agree--
``(1) to implement an environmental quality incentives
program plan that describes conservation and environmental
goals to be achieved through a structural practice or land
management practice, or both, that is approved by the
Secretary;
``(2) not to conduct any practices on the farm or ranch
that would tend to defeat the purposes of this chapter;
``(3) on the violation of a term or condition of the
contract at any time the operator has control of the land, to
refund any cost-sharing or incentive payment received with
interest, and forfeit any future payments under this chapter,
as determined by the Secretary;
``(4) on the transfer of the right and interest of the
operator in land subject to the contract, unless the
transferee of the right and interest agrees with the
Secretary to assume all obligations of the contract, to
refund all cost-sharing payments and incentive payments
received under this chapter, as determined by the Secretary;
``(5) to supply information as required by the Secretary to
determine compliance with the environmental quality
incentives program plan and requirements of the program; and
``(6) to comply with such additional provisions as the
Secretary determines are necessary to carry out the
environmental quality incentives program plan.
``SEC. 1238E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
``An environmental quality incentives program plan shall
include (as determined by the Secretary)--
``(1) a description of the prevailing farm or ranch
enterprises, cropping patterns, grazing management, cultural
practices, or other information that may be relevant to
conserving and enhancing soil, water, and related natural
resources;
``(2) a description of relevant farm or ranch resources,
including soil characteristics, rangeland types and
condition, proximity to water bodies, wildlife habitat, or
other relevant characteristics of the farm or ranch related
to the conservation and environmental objectives set forth in
the plan;
``(3) a description of specific conservation and
environmental objectives to be achieved;
``(4) to the extent practicable, specific, quantitative
goals for achieving the conservation and environmental
objectives;
``(5) a description of 1 or more structural practices or 1
or more land management
[[Page 369]]
practices, or both, to be implemented to achieve the
conservation and environmental objectives;
``(6) a description of the timing and sequence for
implementing the structural practices or land management
practices, or both, that will assist the operator in
complying with Federal and State environmental laws; and
``(7) information that will enable evaluation of the
effectiveness of the plan in achieving the conservation and
environmental objectives, and that will enable evaluation of
the degree to which the plan has been implemented.
``(8) Not withstanding any provision of law, the Secretary
shall ensure that the process of writing, developing, and
assisting in the implementation of plans required in the
programs established under this title be open to individuals
in agribusiness including but not limited to agricultural
producers, representatives from agricultural cooperatives,
agricultural input retail dealers, and certified crop
advisers. This process shall be included in but not limited
to programs and plans established under this title and any
other Department program using incentive, technical
assistance, cost-share or pilot project programs that require
plans.
``SEC. 1238F. DUTIES OF THE SECRETARY.
``To the extent appropriate, the Secretary shall assist an
operator in achieving the conservation and environmental
goals of an environmental quality incentives program plan
by--
``(1) providing an eligibility assessment of the farming or
ranching operation of the operator as a basis for developing
the plan;
``(2) providing technical assistance in developing and
implementing the plan;
``(3) providing technical assistance, cost-sharing
payments, or incentive payments for developing and
implementing 1 or more structural practices or 1 or more land
management practices, as appropriate;
``(4) providing the operator with information, education,
and training to aid in implementation of the plan; and
``(5) encouraging the operator to obtain technical
assistance, cost-sharing payments, or grants from other
Federal, State, local, or private sources.
``SEC. 1238G. ELIGIBLE LANDS.
``Agricultural land on which a structural practice or land
management practice, or both, shall be eligible for technical
assistance, cost-sharing payments, or incentive payments
under this chapter include--
``(1) agricultural land (including cropland, rangeland,
pasture, and other land on which crops or livestock are
produced) that the Secretary determines poses a serious
threat to soil, water, or related resources by reason of the
soil types, terrain, climatic, soil, topographic, flood, or
saline characteristics, or other factors or natural hazards;
``(2) an area that is considered to be critical
agricultural land on which either crop or livestock
production is carried out, as identified in a plan submitted
by the State under section 319 of the Federal Water Pollution
Control Act (33 U.S.C. 1329) as having priority problems that
result from an agricultural nonpoint source of pollution;
``(3) an area recommended by a State lead agency for
protection of soil, water, and related resources, as
designated by a Governor of a State; and
``(4) land that is not located within a designated or
approved area, but that if permitted to continue to be
operated under existing management practices, would defeat
the purpose of the environmental quality incentives program,
as determined by the Secretary.
``SEC. 1238H. LIMITATIONS ON PAYMENTS.
``(a) Payments.--The total amount of cost-sharing and
incentive payments paid to a person under this chapter may
not exceed--
``(1) $10,000 for any fiscal year; or
``(2) $50,000 for any multiyear contract.
``(b) Regulations.--The Secretary shall issue regulations
that are consistent with section 1001 for the purpose of--
``(1) defining the term `person' as used in subsection (a);
and
``(2) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitations contained in subsection (a).''.
Subtitle B--Conservation Funding
SEC. 321. CONSERVATION FUNDING.
(a) In General.--Subtitle E of title XII of the Food
Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended to
read as follows:
``Subtitle E--Funding
``SEC. 1241. FUNDING.
``(a) Mandatory Expenses.--For each of fiscal years 1996
through 2002, the Secretary shall use the funds of the
Commodity Credit Corporation to carry out the programs
authorized by--
``(1) subchapter B of chapter 1 of subtitle D (including
contracts extended by the Secretary pursuant to section 1437
of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 16 U.S.C. 3831 note));
``(2) subchapter C of chapter 1 of subtitle D; and
``(3) chapter 4 of subtitle D.
``(b) Environmental Quality Incentives Program.--
``(1) In general.--For each of fiscal years 1996 through
2002, $200,000,000 of the funds of the Commodity Credit
Corporation shall be available for providing technical
assistance, cost-sharing payments, and incentive payments
under the environmental quality incentives program under
chapter 4 of subtitle D.
``(2) Livestock production.--For each of fiscal years 1996
through 2002, 50 percent of the funding available for
technical assistance, cost-sharing payments, and incentive
payments under the environmental quality incentives program
shall be targeted at practices relating to livestock
production.
``(c) Advance Appropriations to CCC.--The Secretary may use
the funds of the Commodity Credit Corporation to carry out
chapter 3 of subtitle D, except that the Secretary may not
use the funds of the Corporation unless the Corporation has
received funds to cover the expenditures from appropriations
made available to carry out chapter 3 of subtitle D.
``SEC. 1242. ADMINISTRATION.
``(a) Plans.--The Secretary shall, to the extent
practicable, avoid duplication in--
``(1) the conservation plans required for--
``(A) highly erodible land conservation under subtitle B;
``(B) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D; and
``(C) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D; and
``(2) the environmental quality incentives program
established under chapter 4 of subtitle D.
``(b) Acreage Limitation.--
``(1) In general.--The Secretary shall not enroll more than
25 percent of the cropland in any county in the programs
administered under the conservation reserve and wetlands
reserve programs established under subchapters B and C,
respectively, of chapter 1 of subtitle D. Not more than 10
percent of the cropland in a county may be subject to an
easement acquired under the subchapters.
``(2) Exception.--The Secretary may exceed the limitations
in paragraph (1) if the Secretary determines that--
``(A) the action would not adversely affect the local
economy of a county; and
``(B) operators in the county are having difficulties
complying with conservation plans implemented under section
1212.
``(3) Shelterbelts and windbreaks.--The limitations
established under this subsection shall not apply to cropland
that is subject to an easement under chapter 1 or 3 of
subtitle D that is used for the establishment of shelterbelts
and windbreaks.
``(c) Tenant Protection.--Except for a person who is a
tenant on land that is subject to a conservation reserve
contract that has been extended by the Secretary, the
Secretary shall provide adequate safeguards to protect the
interests of tenants and sharecroppers, including provision
for sharing, on a fair and equitable basis, in payments under
the programs established under subtitles B through D.
``(d) Regulations.--Not later than 90 days after the
effective date of this subsection, the Secretary shall issue
regulations to implement the conservation reserve and
wetlands reserve programs established under chapter 1 of
subtitle D.''.
Subtitle C--Miscellaneous
SEC. 351. FORESTRY.
(a) Forestry Incentives Program.--Section 4 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103)
is amended by striking subsection (k).
(b) Office of International Forestry.--Section 2405 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 6704) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There are
authorized each fiscal year such sums as are necessary to
carry out this section.''.
SEC. 352. STATE TECHNICAL COMMITTEES.
Section 1261(c) of the Food Security Act of 1985 (16 U.S.C.
3861(c)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) agricultural producers;
``(10) other nonprofit organizations with demonstrable
expertise;
``(11) persons knowledgeable about the economic and
environmental impact of conservation techniques and programs;
and
``(12) agribusiness.
SEC. 353. CONSERVATION OF PRIVATE GRAZING LAND.
(a) Findings.--Congress finds that--
(1) privately owned grazing land constitutes nearly \1/2\
of the non-Federal land of the United States and is basic to
the environmental, social, and economic stability of rural
communities;
(2) privately owned grazing land contains a complex set of
interactions among soil, water, air, plants, and animals;
(3) grazing land constitutes the single largest watershed
cover type in the United States and contributes significantly
to the quality and quantity of water available for all of the
many uses of the land;
(4) private grazing land constitutes the most extensive
wildlife habitat in the United States;
(5) private grazing land can provide opportunities for
improved nutrient management from land application of animal
manures and other by-product nutrient resources;
(6) owners and managers of private grazing land need to
continue to recognize conservation problems when the problems
arise and receive sound technical assistance to improve or
conserve grazing land resources to meet ecological and
economic demands;
[[Page 370]]
(7) new science and technology must continually be made
available in a practical manner so owners and managers of
private grazing land may make informed decisions concerning
vital grazing land resources;
(8) agencies of the Department of Agriculture with private
grazing land responsibilities are the agencies that have the
expertise and experience to provide technical assistance,
education, and research to owners and managers of private
grazing land for the long-term productivity and ecological
health of grazing land;
(9) although competing demands on private grazing land
resources are greater than ever before, assistance to private
owners and managers of private grazing land is currently
limited and does not meet the demand and basic need for
adequately sustaining or enhancing the private grazing lands
resources; and
(10) privately owned grazing land can be enhanced to
provide many benefits to all Americans through voluntary
cooperation among owners and managers of the land, local
conservation districts, and the agencies of the Department of
Agriculture responsible for providing assistance to owners
and managers of land and to conservation districts.
(b) Purpose.--It is the purpose of this section to
authorize the Secretary of Agriculture to provide a
coordinated technical, educational, and related assistance
program to conserve and enhance private grazing land
resources and provide related benefits to all citizens of the
United States by--
(1) establishing a coordinated and cooperative Federal,
State, and local grazing conservation program for management
of private grazing land;
(2) strengthening technical, educational, and related
assistance programs that provide assistance to owners and
managers of private grazing land;
(3) conserving and improving wildlife habitat on private
grazing land;
(4) conserving and improving fish habitat and aquatic
systems through grazing land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water
supplies;
(7) identifying and managing weed, noxious weed, and brush
encroachment problems on private grazing land; and
(8) integrating conservation planning and management
decisions by owners and managers of private grazing land, on
a voluntary basis.
(c) Definitions.--In this section:
(1) Private grazing land.--The term ``private grazing
land'' means privately owned, State-owned, tribally-owned,
and any other non-federally owned rangeland, pastureland,
grazed forest land, and hay land.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Natural Resources
Conservation Service.
(d) Private Grazing Land Conservation Assistance.--
(1) Assistance to grazing landowners and others.--Subject
to the availability of appropriations, the Secretary shall
establish a voluntary program to provide technical,
educational, and related assistance to owners and managers of
private grazing land and public agencies, through local
conservation districts, to enable the landowners, managers,
and public agencies to voluntarily carry out activities that
are consistent with this section, including--
(A) maintaining and improving private grazing land and the
multiple values and uses that depend on private grazing land;
(B) implementing grazing land management technologies;
(C) managing resources on private grazing land, including--
(i) planning, managing, and treating private grazing land
resources;
(ii) ensuring the long-term sustainability of private
grazing land resources;
(iii) harvesting, processing, and marketing private grazing
land resources; and
(iv) identifying and managing weed, noxious weed, and brush
encroachment problems;
(D) protecting and improving the quality and quantity of
water yields from private grazing land;
(E) maintaining and improving wildlife and fish habitat on
private grazing land;
(F) enhancing recreational opportunities on private grazing
land;
(G) maintaining and improving the aesthetic character of
private grazing lands; and
(H) identifying the opportunities and encouraging the
diversification of private grazing land enterprises.
(2) Program elements.--
(A) Funding.--The program under paragraph (1) shall be
funded through a specific line-item in the annual
appropriations for the Natural Resources Conservation
Service.
(B) Technical assistance and education.--Personnel of the
Department of Agriculture trained in pasture and range
management shall be made available under the program to
deliver and coordinate technical assistance and education to
owners and managers of private grazing land, at the request
of the owners and managers.
(e) Grazing Technical Assistance Self-Help.--
(1) Findings.--Congress finds that--
(A) there is a severe lack of technical assistance for
grazing producers;
(B) the Federal budget precludes any significant expansion,
and may force a reduction of, current levels of technical
support; and
(C) farmers and ranchers have a history of cooperatively
working together to address common needs in the promotion of
their products and in the drainage of wet areas through
drainage districts.
(2) Establishment of grazing demonstration.--The Secretary
may establish 2 grazing management demonstration districts at
the recommendation of the Grazing Lands Conservation
Initiative Steering Committee.
(3) Procedure.--
(A) Proposal.--Within a reasonable time after the
submission of a request of an organization of farmers or
ranchers engaged in grazing, the Secretary shall propose that
a grazing management district be established.
(B) Funding.--The terms and conditions of the funding and
operation of the grazing management district shall be
proposed by the producers.
(C) Approval.--The Secretary shall approve the proposal if
the Secretary determines that the proposal--
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the provisions
contained in the promotion orders in effect on the effective
date of this section.
(D) Area included.--The area proposed to be included in a
grazing management district shall be determined by the
Secretary on the basis of a petition by farmers or ranchers.
(E) Authorization.--The Secretary may use authority under
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, to operate, on a demonstration basis,
a grazing management district.
(F) Activities.--The activities of a grazing management
district shall be scientifically sound activities, as
determined by the Secretary in consultation with a technical
advisory committee composed of ranchers, farmers, and
technical experts.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $20,000,000 for fiscal year 1996;
(2) $40,000,000 for fiscal year 1997; and
(3) $60,000,000 for fiscal year 1998 and each subsequent
fiscal year.
SEC. 354. CONFORMING AMENDMENTS.
(a) Agricultural Conservation Program.--
(1) Elimination.--
(A) Section 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h) is amended--
(i) in subsection (b)--
(I) by striking paragraphs (1) through (4) and inserting
the following:
``(1) Environmental quality incentives program.--The
Secretary shall provide technical assistance, cost share
payments, and incentive payments to operators through the
environmental quality incentives program in accordance with
chapter 2 of subtitle D of the Food Security Act of 1985 (16
U.S.C. 3838 et seq.).''; and
(II) by striking paragraphs (6) through (8); and
(ii) by striking subsections (d), (e), and (f).
(B) The first sentence of section 11 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590k) is
amended by striking ``performance: Provided further,'' and
all that follows through ``or other law'' and inserting
``performance''.
(C) Section 14 of the Act (16 U.S.C. 590n) is amended--
(i) in the first sentence, by striking ``or 8''; and
(ii) by striking the second sentence.
(D) Section 15 of the Act (16 U.S.C. 590o) is amended--
(i) in the first undesignated paragraph--
(I) in the first sentence, by striking ``sections 7 and 8''
and inserting ``section 7''; and
(II) by striking the third sentence; and
(ii) by striking the second undesignated paragraph.
(2) Conforming amendments.--
(A) Paragraph (1) of the last proviso of the matter under
the heading ``conservation reserve program'' under the
heading ``Soil Bank Programs'' of title I of the Department
of Agriculture and Farm Credit Administration Appropriation
Act, 1959 (72 Stat. 195; 7 U.S.C. 1831a) is amended by
striking ``Agricultural Conservation Program'' and inserting
``environmental quality incentives program established under
chapter 2 of subtitle D of the Food Security Act of 1985 (16
U.S.C. 3838 et seq.)''.
(B) Section 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103) is amended by striking ``as added by
the Agriculture and Consumer Protection Act of 1973'' each
place it appears in subsections (d) and (i) and inserting
``as in effect before the amendment made by section 355(a)(1)
of the Agricultural Reform and Improvement Act of 1996''.
(C) Section 226(b)(4) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932(b)(4)) is amended
by striking ``and the agricultural conservation program under
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590g et seq.)''.
(D) Section 246(b)(8) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)(8)) is amended
by striking ``and the agricultural conservation program under
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590g et seq.)''.
(E) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C.
2106a(c)(3)(C)) is amended by striking ``Agricultural
Conservation Program established under section 16(b) of the
Soil Con
[[Page 371]]
servation and Domestic Allotment Act (16 U.S.C. 590h, 590l,
or 590p)'' and inserting ``environmental quality incentives
program established under chapter 2 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.)''.
(F) Section 126(a)(5) of the Internal Revenue Code of 1986
is amended to read as follows:
``(5) The environmental quality incentives program
established under chapter 2 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.).''.
(G) Section 304(a) of the Lake Champlain Special
Designation Act of 1990 (Public Law 101-596; 33 U.S.C. 1270
note) is amended--
(i) in the subsection heading, by striking ``Special
Project Area Under the Agricultural Conservation Program''
and inserting ``A Priority Area Under the Environmental
Quality Incentives Program''; and
(ii) in paragraph (1), by striking ``special project area
under the Agricultural Conservation Program established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b))'' and inserting ``priority area under
the environmental quality incentives program established
under chapter 2 of subtitle D of the Food Security Act of
1985 (16 U.S.C. 3838 et seq.)''.
(H) Section 6 of the Department of Agriculture Organic Act
of 1956 (70 Stat. 1033) is amended by striking subsection
(b).
(b) Great Plains Conservation Program.--
(1) Elimination.--Section 16 of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590p) is repealed.
(2) Conforming amendments.--
(A) The Agricultural Adjustment Act of 1938 is amended by
striking ``Great Plains program'' each place it appears in
sections 344(f)(8) and 377 (7 U.S.C. 1344(f)(8) and 1377) and
inserting ``environmental quality incentives program
established under chapter 2 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.)''.
(B) Section 246(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)) is amended by
striking paragraph (2).
(C) Section 126(a) of the Internal Revenue Code of 1986 is
amended--
(i) by striking paragraph (6); and
(ii) by redesignating paragraphs (7) through (10) as
paragraphs (6) through (9), respectively.
(c) Colorado River Basin Salinity Control Program.--
Section 202(c) of the Colorado River Basin Salinity Control
Act (43 U.S.C. 1592(c)) is amended by striking paragraph (1)
and inserting the following:
``(1) The Secretary of Agriculture shall implement salinity
control measures, including watershed enhancement and cost-
sharing efforts with livestock and crop producers, as part of
the Agricultural Conservation Assistance Program established
under section 312 of the Conservation Consolidation and
Regulatory Reform Act of 1996.''.
(d) Rural Environmental Conservation Program.--
(1) Elimination.--Title X of the Agricultural Act of 1970
(16 U.S.C. 1501 et seq.) is repealed.
(2) Conforming amendments.--Section 246(b) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6962(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
(e) Other Conservation Provisions.--Subtitle F of title XII
of the Food Security Act of 1985 (16 U.S.C. 2005a and 2101
note) is repealed.
(f) Commodity Credit Corporation Charter Act.--Section 5(g)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(g)) is amended to read as follows:
``(g) Carry out conservation functions and programs.''.
(g) Resource Conservation.--
(1) Elimination.--Subtitles A, B, D, E, F, G, and J of
title XV of the Agriculture and Food Act of 1981 (95 Stat.
1328; 16 U.S.C. 3401 et seq.) are repealed.
(2) Conforming amendment.--Section 739 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1982 (7 U.S.C. 2272a), is
repealed.
(h) Environmental Easement Program.--Section 1239(a) of the
Food Security Act of 1985 (16 U.S.C. 3839(a)) is amended by
striking ``1991 through 1995'' and inserting ``1996 through
2002''.
(i) Resource Conservation and Development Program.--Section
1538 of the Agriculture and Food Act of 1981 (16 U.S.C. 3461)
is amended by striking ``1991 through 1995'' and inserting
``1996 through 2002''.
(j) Technical Amendment.--The first sentence of the matter
under the heading ``Commodity Credit Corporation'' of Public
Law 99-263 (100 Stat. 59; 16 U.S.C. 3841 note) is amended by
striking ``: Provided further,'' and all that follows through
``Acts''.
(k) Agricultural Water Quality Incentives Program.--Chapter
2 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3838 et seq.) is repealed.
SEC. 355. WATER BANK PROGRAM.
Section 1230 of the Food Security Act of 1985 (16 U.S.C.
3830) is amended by adding at the end the following:
``(d) Water Bank Program.--For purposes of this Act,
acreage enrolled, prior to the date of enactment of this
subsection, in the water bank program authorized by the Water
Bank Act (16 U.S.C. 1301 et seq.) shall be considered to have
been enrolled in the conservation reserve program on the date
the acreage was enrolled in the water bank program. Payments
shall continue at the existing water bank rates.''.
SEC. 356. FLOOD WATER RETENTION PILOT PROJECTS.
Section 16 of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590p) is amended by adding at the end the
following:
``(l) Flood Water Retention Pilot Projects.--
``(1) In general.--In cooperation with States, the
Secretary shall carry out at least 1 but not more than 2
pilot projects to create and restore natural water retention
areas to control storm water and snow melt runoff within
closed drainage systems.
``(2) Practices.--To carry out paragraph (1), the Secretary
shall provide cost-sharing and technical assistance for the
establishment of nonstructural landscape management
practices, including agricultural tillage practices and
restoration, enhancement, and creation of wetland
characteristics.
``(3) Funding.--
``(A) Limitation.--The funding used by the Secretary to
carry out this subsection shall not exceed $10,000,000 per
project.
``(B) Use of commodity credit corporation.--The Secretary
shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this subsection.
``(4) Additional pilot projects.--
``(A) Evaluation.--Not later than 2 years after a pilot
project is implemented, the Secretary shall evaluate the
extent to which the project has reduced or may reduce Federal
outlays for emergency spending and unplanned infrastructure
maintenance by an amount that exceeds the Federal cost of the
project.
``(B) Additional projects.--If the Secretary determines
that pilot projects carried out under this subsection have
reduced or may reduce Federal outlays as described in
subparagraph (A), the Secretary may carry out, in accordance
with this subsection, pilot projects in addition to the
projects authorized under paragraph (1).''.
SEC. 357. WETLAND CONSERVATION EXEMPTION.
Section 1222(b)(1) of the Food Security Act of 1985 (16
U.S.C. 3822(b)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(E) converted wetland, if--
``(i) the extent of the conversion is limited to the
reversion to conditions that will be at least equivalent to
the wetland functions and values that existed prior to
implementation of a voluntary wetland restoration,
enhancement, or creation action;
``(ii) technical determinations of the prior site
conditions and the restoration, enhancement, or creation
action have been adequately documented in a plan approved by
the Natural Resources Conservation Service prior to
implementation; and
``(iii) the conversion action proposed by the private
landowner is approved by the Natural Resources Conservation
Service prior to implementation; or''.
SEC. 358. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
REAUTHORIZATION.
Section 1538 of the Agriculture and Food Act of 1981 (16
U.S.C. 3461) is amended by striking ``1991 through 1995'' and
inserting ``1996 through 2001''.
SEC. 359. CONSERVATION RESERVE NEW ACREAGE.
Section 1231(a) of the Food Security Act of 1985 (16 U.S.C.
3831(a)) is amended by adding at the end the following: ``The
Secretary may enter into 1 or more new contracts to enroll
acreage in a quantity equal to the quantity of acreage
covered by any contract that terminates after the date of
enactment of the Agricultural Market Transition Act.''.
SEC. 360. REPEAL OF REPORT REQUIREMENT.
Section 1342 of title 44, United States Code, is repealed.
SEC. 361. WATERSHED PROTECTION AND FLOOD PREVENTION ACT
AMENDMENTS.
(a) Declaration of Policy.--The first section of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1001) is amended to read as follows:
``SECTION 1. DECLARATION OF POLICY.
``Erosion, flooding, sedimentation, and loss of natural
habitats in the watersheds and waterways of the United States
cause loss of life, damage to property, and a reduction in
the quality of environment and life of citizens. It is
therefore the sense of Congress that the Federal Government
should join with States and their political subdivisions,
public agencies, conservation districts, flood prevention or
control districts, local citizens organizations, and Indian
tribes for the purpose of conserving, protecting, restoring,
and improving the land and water resources of the United
States and the quality of the environment and life for
watershed residents across the United States.''.
(b) Definitions.--
(1) Works of improvement.--Section 2 of the Act (16 U.S.C.
1002) is amended, with respect to the term ``works of
improvement''--
(A) in paragraph (1), by inserting ``, nonstructural,''
after ``structural'';
(B) in paragraph (2), by striking ``or'' at the end;
(C) by redesignating paragraph (3) as paragraph (11);
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) a land treatment or other nonstructural practice,
including the acquisi
[[Page 372]]
tion of easements or real property rights, to meet multiple
watershed needs,
``(4) the restoration and monitoring of the chemical,
biological, and physical structure, diversity, and functions
of waterways and their associated ecological systems,
``(5) the restoration or establishment of wetland and
riparian environments as part of a multi-objective management
system that provides floodwater or storm water storage,
detention, and attenuation, nutrient filtering, fish and
wildlife habitat, and enhanced biological diversity,
``(6) the restoration of steam channel forms, functions,
and diversity using the principles of biotechnical slope
stabilization to reestablish a meandering, bankfull flow
channels, riparian vegetation, and floodplains,
``(7) the establishment and acquisition of multi-objective
riparian and adjacent flood prone lands, including greenways,
for sediment storage and floodwater storage,
``(8) the protection, restoration, enhancement and
monitoring of surface and groundwater quality, including
measures to improve the quality of water emanating from
agricultural lands and facilities,
``(9) the provision of water supply and municipal and
industrial water supply for rural communities having a
population of less than 55,000, according to the most recent
decennial census of the United States,
``(10) outreach to and organization of local citizen
organizations to participate in project design and
implementation, and the training of project volunteers and
participants in restoration and monitoring techniques, or'';
and
(E) in paragraph (11) (as so redesignated)--
(i) by inserting in the first sentence after ``proper
utilization of land'' the following: ``, water, and related
resources''; and
(ii) by striking the sentence that mandates that 20 percent
of total project benefits be directly related to agriculture.
(2) Local organization.--Such section is further amended,
with respect to the term ``local organization'', by adding at
the end the following new sentence: ``The term includes any
nonprofit organization (defined as having tax exempt status
under section 501(c)(3) of the Internal Revenue Code of 1986)
that has authority to carry out and maintain works of
improvement or is developing and implementing a work of
improvement in partnership with another local organization
that has such authority.''.
(3) Waterway.--Such section is further amended by adding at
the end the following new definition:
``Waterway.--The term `waterway' means, on public or
private land, any natural, degraded, seasonal, or created
wetland on public or private land, including rivers, streams,
riparian areas, marshes, ponds, bogs, mudflats, lakes, and
estuaries. The term includes any natural or manmade
watercourse which is culverted, channelized, or vegetatively
cleared, including canals, irrigation ditches, drainage
wages, and navigation, industrial, flood control and water
supply channels.''.
(c) Assistance to Local Organizations.--Section 3 of the
Act (16 U.S.C. 1003) is amended--
(1) in paragraph (1), by inserting after ``(1)'' the
following ``to provide technical assistance to help local
organizations'';
(2) in paragraph (2)--
(A) by inserting after ``(2)'' the following: ``to provide
technical assistance to help local organizations''; and
(B) by striking ``engineering'' and inserting ``technical
and scientific''; and
(3) by striking paragraph (3) and inserting the following
new paragraph:
``(3) to make allocations of costs to the project or
project components to determine whether the total of all
environmental, social, and monetary benefits exceed costs;''.
(d) Cost Share Assistance.--
(1) Amount of assistance.--Section 3A of the Act (16 U.S.C.
1003a) is amended by striking subsection (b) and inserting
the following:
``(b) Nonstructural Practices.--Notwithstanding any other
provision of this Act, Federal cost share assistance to local
organizations for the planning and implementation of
nonstructural works of improvement may be provided using
funds appropriated for the purposes of this Act for an amount
not exceeding 75 percent of the total installation costs.
``(c) Structural Practices.--Notwithstanding any other
provision of this Act, Federal cost share assistance to local
organizations for the planning and implementation of
structural works of improvement may be provided using funds
appropriated for the purposes of this Act for 50 percent of
the total cost, including the cost of mitigating damage to
fish and wildlife habitat and the value of any land or
interests in land acquired for the work of improvement.
``(d) Special Rule for Limited Resource Communities.--
Notwithstanding any other provision of this Act, the
Secretary may provide cost share assistance to a limited
resource community for any works of improvement, using funds
appropriated for the purposes of this Act, for an amount not
to exceed 90 percent of the total cost.
``(e) Treatment of Other Federal Funds.--Not more than 50
percent of the non-Federal cost share may be satisfied using
funds from other Federal agencies.''.
(2) Conditions on assistance.--Section 4(1) of the Act (16
U.S.C. 1004(1)) is amended by striking ``, without cost to
the Federal Government from funds appropriated for the
purposes of this Act,''.
(e) Benefit Cost Analysis.--Section 5(1) of the Act (16
U.S.C. 1005(1)) is amended by striking ``the benefits'' and
inserting ``the total benefits, including environmental,
social, and monetary benefits,''.
(f) Project Prioritization.--The Watershed Protection and
Flood Prevention Act is amended by inserting after section 5
(16 U.S.C. 1005) the following new section:
``SEC. 5A. FUNDING PRIORITIES.
``In making funding decisions under this Act, the Secretary
shall give priority to projects with one or more of the
following attributes:
``(1) Projects providing significant improvements in
ecological values and functions in the project area.
``(2) Projects that enhance the long-term health of local
economies or generate job or job training opportunities for
local residents, including Youth Conservation and Service
Corps participants and displaced resource harvesters.
``(3) Projects that provide protection to human health,
safety, and property.
``(4) Projects that directly benefit economically
disadvantaged communities and enhance participation by local
residents of such communities.
``(5) Projects that restore or enhance fish and wildlife
species of commercial, recreational, subsistence or
scientific concern.
``(6) Projects or components of projects that can be
planned, designed, and implemented within two years.''.
(g) Transfer of Funds.--The Watershed Protection and Flood
Prevention Act (16 U.S.C. 1001-1010) is amended by adding at
the end the following new section:
``SEC. 14. TRANSFERS OF FUNDS.
``The Secretary may accept transfers of funds from other
Federal departments and agencies in order to carry out
projects under this Act.''.
TITLE IV--NUTRITION ASSISTANCE
SEC. 401. FOOD STAMP PROGRAM.
(a) Disqualification of a Store or Concern.--Section 12 of
the Food Stamp Act of 1977 (7 U.S.C. 2021) is amended--
(1) by striking the section heading;
(2) by striking ``Sec. 12. (a) Any'' and inserting the
following:
``SEC. 12. CIVIL MONEY PENALTIES AND DISQUALIFICATION OF
RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS.
``(a) Disqualification.--
``(1) In general.--An'';
(3) by adding at the end of subsection (a) the following:
``(2) Employing certain persons.--A retail food store or
wholesale food concern shall be disqualified from
participation in the food stamp program if the store or
concern knowingly employs a person who has been found by the
Secretary, or a Federal, State, or local court, to have,
within the preceding 3-year period--
``(A) engaged in the trading of a firearm, ammunition, an
explosive, or a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802)) for a
coupon; or
``(B) committed any act that constitutes a violation of
this Act or a State law relating to using, presenting,
transferring, acquiring, receiving, or possessing a coupon,
authorization card, or access device.''; and
(4) in subsection (b)(3)(B), by striking ``neither the
ownership nor management of the store or food concern was
aware'' and inserting ``the ownership of the store or food
concern was not aware''.
(b) Employment and Training.--Section 16(h)(1) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) is amended by
striking ``1995'' each place it appears and inserting
``2002''.
(c) Authorization of Pilot Projects.--The last sentence of
section 17(b)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)(A)) is amended by striking ``1995'' and inserting
``2002''.
(d) Outreach Demonstration Projects.--The first sentence of
section 17(j)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2026(j)(1)(A)) is amended by striking ``1995'' and inserting
``2002''.
(e) Authorization for Appropriations.--The first sentence
of section 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2027(a)(1)) is amended by striking ``1995'' and inserting
``2002''.
(f) Reauthorization of Puerto Rico Nutrition Assistance
Program.--The first sentence of section 19(a)(1)(A) of the
Food Stamp Act of 1977 (7 U.S.C. 2028(a)(1)(A)) is amended by
striking ``$974,000,000'' and all that follows through
``fiscal year 1995'' and inserting ``$1,143,000,000 for
fiscal year 1996, $1,174,000,000 for fiscal year 1997,
$1,204,000,000 for fiscal year 1998, $1,236,000,000 for
fiscal year 1999, $1,268,000,000 for fiscal year 2000,
$1,301,000,000 for fiscal year 2001, and $1,335,000,000 for
fiscal year 2002''.
(g) American Samoa.--The Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.) is amended by adding at the end the following:
``SEC. 24. TERRITORY OF AMERICAN SAMOA.
``From amounts made available to carry out this Act, the
Secretary may pay to the Territory of American Samoa not more
than $5,300,000 for each of fiscal years 1996 through 2002 to
finance 100 percent of the expenditures for the fiscal year
for a nutrition assistance program extended under section
601(c) of Public Law 96-597 (48 U.S.C. 1469d(c)).''.
SEC. 402. COMMODITY DISTRIBUTION PROGRAM; COMMODITY
SUPPLEMENTAL FOOD PROGRAM.
(a) Reauthorization.--The first sentence of section 4(a) of
the Agriculture and Con
[[Page 373]]
sumer Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c
note) is amended by striking ``1995'' and inserting ``2002''.
(b) Funding.--Section 5 of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note)
is amended--
(1) in subsection (a)(2), by striking ``1995'' and
inserting ``2002''; and
(2) in subsection (d)(2), by striking ``1995'' and
inserting ``2002''.
(c) Carried-Over Funds.--20 percent of any commodity
supplemental food program funds carried over under section 5
of the Agriculture and Consumer Protection Act of 1973
(Public Law 93-86; 7 U.S.C. 612c note) shall be available for
administrative expenses of the program.
SEC. 403. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) Reauthorization.--The first sentence of section
204(a)(1) of the Emergency Food Assistance Act of 1983
(Public Law 98-8; 7 U.S.C. 612c note) is amended by striking
``1995'' and inserting ``2002''.
(b) Program Termination.--Section 212 of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
is amended by striking ``1995'' and inserting ``2002''.
(c) Required Purchases of Commodities.--Section 214 of the
Emergency Food Assistance Act of 1983 (Public Law 98-8; 7
U.S.C. 612c note) is amended--
(1) in the first sentence of subsection (a), by striking
``1995'' and inserting ``2002''; and
(2) in subsection (e), by striking ``1995'' each place it
appears and inserting ``2002''.
SEC. 404. SOUP KITCHENS PROGRAM.
Section 110 of the Hunger Prevention Act of 1988 (Public
Law 100-435; 7 U.S.C. 612c note) is amended--
(1) in the first sentence of subsection (a), by striking
``1995'' and inserting ``2002''; and
(2) in subsection (c)(2)--
(A) in the paragraph heading, by striking ``1995'' and
inserting ``2002''; and
(B) by striking ``1995'' each place it appears and
inserting ``2002''.
SEC. 405. NATIONAL COMMODITY PROCESSING.
The first sentence of section 1114(a)(2)(A) of the
Agriculture and Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is
amended by striking ``1995'' and inserting ``2002''.
TITLE V--MISCELLANEOUS
SEC. 501. INVESTMENT FOR AGRICULTURE AND RURAL AMERICA.
Section 5 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714c) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Make available $2,000,000,000 for the following
purposes:
``(1) Conducting rural development activities pursuant to
existing rural development authorities.
``(2) Conducting research, education, and extension
activities pursuant to existing research, education, and
extension authorities.''.
SEC. 502. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND
INSPECTION FEES.
Subsection (a) of section 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136a) is
amended to read as follows:
``(a) Quarantine and Inspection Fees.--
``(1) Fees authorized.--The Secretary of Agriculture may
prescribe and collect fees sufficient--
``(A) to cover the cost of providing agricultural
quarantine and inspection services in connection with the
arrival at a port in the customs territory of the United
States, or the preclearance or preinspection at a site
outside the customs territory of the United States, of an
international passenger, commercial vessel, commercial
aircraft, commercial truck, or railroad car;
``(B) to cover the cost of administering this subsection;
and
``(C) through fiscal year 2002, to maintain a reasonable
balance in the Agricultural Quarantine Inspection User Fee
Account established under paragraph (5).
``(2) Limitation.--In setting the fees under paragraph (1),
the Secretary shall ensure that the amount of the fees are
commensurate with the costs of agricultural quarantine and
inspection services with respect to the class of persons or
entities paying the fees. The costs of the services with
respect to passengers as a class includes the costs of
related inspections of the aircraft or other vehicle.
``(3) Status of fees.--Fees collected under this subsection
by any person on behalf of the Secretary are held in trust
for the United States and shall be remitted to the Secretary
in such manner and at such times as the Secretary may
prescribe.
``(4) Late payment penalties.--If a person subject to a fee
under this subsection fails to pay the fee when due, the
Secretary shall assess a late payment penalty, and the
overdue fees shall accrue interest, as required by section
3717 of title 31, United States Code.
``(5) Agricultural quarantine inspection user fee
account.--
``(A) Establishment.--There is established in the Treasury
of the United States a no-year fund, to be known as the
`Agricultural Quarantine Inspection User Fee Account', which
shall contain all of the fees collected under this subsection
and late payment penalties and interest charges collected
under paragraph (4) through fiscal year 2002.
``(B) Use of account.--For each of the fiscal years 1996
through 2002, funds in the Agricultural Quarantine Inspection
User Fee Account shall be available, in such amounts as are
provided in advance in appropriations Acts, to cover the
costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. Amounts made available under this
subparagraph shall be available until expended.
``(C) Excess fees.--Fees and other amounts collected under
this subsection in any of the fiscal years 1996 through 2002
in excess of $100,000,000 shall be available for the purposes
specified in subparagraph (B) until expended, without further
appropriation.
``(6) Use of amounts collected after fiscal year 2002.--
After September 30, 2002, the unobligated balance in the
Agricultural Quarantine Inspection User Fee Account and fees
and other amounts collected under this subsection shall be
credited to the Department of Agriculture accounts that incur
the costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. The fees and other amounts shall remain
available to the Secretary until expended without fiscal year
limitation.
``(7) Staff years.--The number of full-time equivalent
positions in the Department of Agriculture attributable to
the provision of agricultural quarantine and inspection
services and the administration of this subsection shall not
be counted toward the limitation on the total number of full-
time equivalent positions in all agencies specified in
section 5(b) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 5 U.S.C. 3101 note) or other
limitation on the total number of full-time equivalent
positions.''.
SEC. 503. EVERGLADES AGRICULTURAL AREA.
(a) In General.--On July 1, 1996, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide $200,000,000 to the Secretary of the
Interior to carry out this section.
(b) Entitlement.--The Secretary of the Interior--
(1) shall accept the funds made available under subsection
(a);
(2) shall be entitled to receive the funds; and
(3) shall use the funds to conduct restoration activities
in the Everglades ecosystem, which may include acquiring
private acreage in the Everglades Agricultural Area including
approximately 52,000 acres that is commonly known as the
``Talisman tract''.
(c) Transferring Funds.--The Secretary of the Interior may
transfer funds to the Army Corps of Engineers, the State of
Florida, or the South Florida Water Management District to
carry out subsection (b)(3).
(d) Deadline.--Not later than December 31, 1999, the
Secretary of the Interior shall utilize the funds for
restoration activities referred to in subsection (b)(3).
After debate,
para.20.14 point of order
Mr. ROBERTS made a point of order against the motion to recommit, and
said:
``It is my understanding there is a nutrition program extension; that
is, the Food Stamp Program included. This is not included in H.R. 2854.
It is an entitlement program that amounts to about 50 percent of the ag
appropriations each year. This is a 7-year extension, not germane to the
rest of the bill. I insist on my point of order.''.
Mr. STENHOLM was recognized to speak to the point of order and said:
``If the gentleman from Kansas insists that the nutrition programs
dealing with the feeding of the people with the food that is produced by
our farmers should be stricken from this farm bill, I will extract that
from our recommittal so that no longer is an issue because I understand
the point of order.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The amendment proposed in the motion to recommit, among other
things, amends the Food Stamp Act. The bill as amended does not amend
that act, nor does it otherwise address nutrition assistance programs.
``The bill, as perfected, addresses production and distribution of
agricultural products and not the food programs.
``Therefore, the point of order is sustained.''.
Mr. STENHOLM moved to recommit the bill to the Committee on
Agriculture with instructions to report the bill back to the House
forthwith with the following amendment in the nature of a substitute:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Agricultural Reform and Improvement Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
[[Page 374]]
TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Production flexibility contracts.
Sec. 104. Nonrecourse marketing assistance loans and loan deficiency
payments.
Sec. 105. Payment limitations.
Sec. 106. Peanut program.
Sec. 107. Sugar program.
Sec. 108. Administration.
Sec. 109. Suspension and repeal of permanent authorities.
Sec. 110. Effect of amendments.
Sec. 111. Dairy.
TITLE II--AGRICULTURAL TRADE
Subtitle A--Market Promotion Program and Export Enhancement Program
Sec. 201. Market promotion program.
Sec. 202. Export enhancement program.
Subtitle B--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
Sec. 211. Food aid to developing countries.
Sec. 212. Trade and development assistance.
Sec. 213. Agreements regarding eligible countries and private entities.
Sec. 214. Terms and conditions of sales.
Sec. 215. Use of local currency payment.
Sec. 216. Eligible organizations.
Sec. 217. Generation and use of foreign currencies.
Sec. 218. General levels of assistance under Public Law 480.
Sec. 219. Food aid consultative group.
Sec. 220. Support of nongovernmental organizations.
Sec. 221. Commodity determinations.
Sec. 222. General provisions.
Sec. 223. Agreements.
Sec. 224. Administrative provisions.
Sec. 225. Expiration date.
Sec. 226. Regulations.
Sec. 227. Independent evaluation of programs.
Sec. 228. Authorization of appropriations.
Sec. 229. Coordination of foreign assistance programs.
Sec. 230. Use of certain local currency.
Sec. 231. Level of assistance to farmer to farmer program.
Sec. 232. Food security commodity reserve.
Sec. 233. Food for progress program.
Subtitle C--Amendments to Agricultural Trade Act of 1978
Sec. 251. Agricultural export promotion strategy.
Sec. 252. Export credits.
Sec. 253. Export program and food assistance transfer authority.
Sec. 254. Arrival certification.
Sec. 255. Regulations.
Sec. 256. Foreign agricultural service.
Sec. 257. Reports.
Subtitle D--Miscellaneous
Sec. 271. Reporting requirements relating to tobacco.
Sec. 272. Triggered export enhancement.
Sec. 273. Disposition of commodities to prevent waste.
Sec. 274. Debt-for-health-and-protection swap.
Sec. 275. Policy on expansion of international markets.
Sec. 276. Policy on maintenance and development of export markets.
Sec. 277. Policy on trade liberalization.
Sec. 278. Agricultural trade negotiations.
Sec. 279. Policy on unfair trade practices.
Sec. 280. Agricultural aid and trade missions.
Sec. 281. Annual reports by agricultural attaches.
Sec. 282. World livestock market price information.
Sec. 283. Orderly liquidation of stocks.
Sec. 284. Sales of extra long staple cotton.
Sec. 285. Regulations.
Sec. 286. Emerging markets.
Sec. 287. Implementation of commitments under Uruguay Round agreements.
Sec. 288. Sense of Congress concerning multilateral disciplines on
credit guarantees.
Sec. 289. Foreign market development cooperator program.
Subtitle E--Dairy Exports
Sec. 291. Dairy export incentive program.
Sec. 292. Authority to assist in establishment and maintenance of
export trading company.
Sec. 293. Standby authority to indicate entity best suited to provide
international market development and export services.
Sec. 294. Study and report regarding potential impact of Uruguay Round
on prices, income and government purchases.
Sec. 295. Promotion of American dairy products in international markets
through dairy promotion program.
TITLE III--CONSERVATION
Subtitle A--Environmental Conservation Acreage Reserve Program
Sec. 311. Environmental conservation acreage reserve program.
Sec. 312. Conservation reserve program.
Sec. 313. Wetlands reserve program.
Sec. 314. Environmental quality incentives program.
Subtitle B--Conservation Funding
Sec. 321. Conservation funding.
Subtitle C--Miscellaneous
Sec. 351. Forestry.
Sec. 352. State technical committees.
Sec. 353. Conservation of private grazing land.
Sec. 354. Conforming amendments.
Sec. 355. Water bank program.
Sec. 356. Flood water retention pilot projects.
Sec. 357. Wetland conservation exemption.
Sec. 358. Resource conservation and development program
reauthorization.
Sec. 359. Conservation reserve new acreage.
Sec. 360. Repeal of report requirement.
Sec. 361. Watershed Protection and Flood Prevention Act Amendments.
TITLE IV--MISCELLANEOUS
Sec. 401. Investment for agriculture and rural America.
Sec. 402. Collection and use of agricultural quarantine and inspection
fees.
Sec. 403. Everglades agricultural area.
TITLE I--AGRICULTURAL MARKET TRANSITION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Agricultural Market
Transition Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Considered planted.--The term ``considered planted''
means acreage that is considered planted under title V of the
Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) (as in
effect prior to the suspension under section 110(b)(1)(J)).
(2) Contract.--The term ``contract'' means a production
flexibility contract entered into under section 103.
(3) Contract acreage.--The term ``contract acreage'' means
1 or more crop acreage bases established for contract
commodities under title V of the Agricultural Act of 1949 (as
in effect prior to the suspension under section 110(b)(1)(J))
that would have been in effect for the 1996 crop (but for the
suspension under section 110(b)(1)(J)).
(4) Contract commodity.--The term ``contract commodity''
means wheat, corn, grain sorghum, barley, oats, upland
cotton, and rice.
(5) Contract payment.--The term ``contract payment'' means
a payment made under section 103 pursuant to a contract.
(6) Corn.--The term ``corn'' means field corn.
(7) Department.--The term ``Department'' means the United
States Department of Agriculture.
(8) Farm program payment yield.--The term ``farm program
payment yield'' means the farm program payment yield
established for the 1995 crop of a contract commodity under
title V of the Agricultural Act of 1949 (as in effect prior
to the suspension under section 110(b)(1)(J)).
(9) Loan commodity.--The term ``loan commodity'' means each
contract commodity, extra long staple cotton, and oilseeds.
(10) Oilseed.--The term ``oilseed'' means a crop of
soybeans, sunflower seed, rapeseed, canola, safflower,
flaxseed, mustard seed, or, if designated by the Secretary,
other oilseeds.
(11) Person.--The term ``person'' means an individual,
partnership, firm, joint-stock company, corporation,
association, trust, estate, or State agency.
(12) Producer.--
(A) In general.--The term ``producer'' means a person who,
as owner, landlord, tenant, or sharecropper, shares in the
risk of producing a crop, and is entitled to share in the
crop available for marketing from the farm, or would have
shared had the crop been produced.
(B) Hybrid seed.--The term ``producer'' includes a person
growing hybrid seed under contract. In determining the
interest of a grower of hybrid seed in a crop, the Secretary
shall not take into consideration the existence of a hybrid
seed contract.
(13) Program.--The term ``program'' means the agricultural
market transition program established under this title.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(16) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
SEC. 103. PRODUCTION FLEXIBILITY CONTRACTS.
(a) Contracts Authorized.--
(1) Offer and terms.--Beginning as soon as practicable
after the date of the enactment of this title, the Secretary
shall offer to enter into a contract with an eligible owner
or operator described in paragraph (4) on a farm containing
eligible farmland. Under the terms of a contract, the owner
or operator shall agree, in exchange for annual contract
payments, to comply with--
(A) the highly erodible land conservation requirements
under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3812 et. seq) applicable to each farm on
which the owner or operator has an interest;
(B) wetland protection requirements under subtitle C of
title XII of the Act 16 U.S.C. 3821 et seq.) applicable to
each farm on which the owner or operator has an interest;
(C) the planting flexibility requirements of subsection
(j); and
(D) regulations issued by the Secretary with respect to
contract acreage intended to assure that--
(i) contract acreage devoted to conservation uses is
protected from weeds and wind and water erosion; and
(ii) contract acreage is not devoted to nonagricultural
uses.
[[Page 375]]
(2) Highly erodible land conservation.--For contracts
subject to the terms of paragraph (1)(A), violations of the
contract will be subject to the terms of subtitle B of title
XII of the Food Security Act of 1985 (16 U.S.C. 3812 et
seq.).;
(3) Wetlands conservation.--For contracts subject to the
terms of paragraph (1)(B), violations of the contract will be
subject to the terms of subtitle C of title XII of the Food
Security Act of 1985 (16 U.S.C. 3821 et seq.).
(4) Eligible owners and operators described.--The following
persons shall be considered to be an owner or operator
eligible to enter into a contract:
(A) An owner of eligible farmland who assumes all of the
risk of producing a crop.
(B) An owner of eligible farmland who shares in the risk of
producing a crop.
(C) An operator of eligible farmland with a share-rent
lease of the eligible farmland, regardless of the length of
the lease, if the owner enters into the same contract.
(D) An operator of eligible farmland who cash rents the
eligible farmland under a lease expiring on or after
September 30, 2002, in which case the consent of the owner is
not required.
(E) An operator of eligible farmland who cash rents the
eligible farmland under a lease expiring before September 30,
2002, if the owner consents to the contract.
(F) An owner of eligible farmland who cash rents the
eligible farmland and the lease term expires before September
30, 2002, but only if the actual operator of the farm
declines to enter into a contract. In the case of an owner
covered by this subparagraph, contract payments shall not
begin under a contract until the fiscal year following the
fiscal year in which the lease held by the nonparticipating
operator expires.
(G) An owner or operator described in a preceding
subparagraph regardless of whether the owner or operator
purchased catastrophic risk protection for a fall-planted
1996 crop under section 508(b) of the Federal Crop Insurance
Act (7 U.S.C. 1508(b)).
(5) Tenants and sharecroppers.--In carrying out this
section, the Secretary shall provide adequate safeguards to
protect the interests of operators who are tenants and
sharecroppers.
(b) Elements.--
(1) Time for contracting.--
(A) Deadline.--Except as provided in subparagraph (B), the
Secretary may not enter into a contract after April 15, 1996.
(B) Conservation reserve lands.--
(i) In general.--At the beginning of each fiscal year, the
Secretary shall allow an eligible owner or operator on a farm
covered by a conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) that terminates after the date specified in
subparagraph (A) to enter into or expand a production
flexibility contract to cover the contract acreage of the
farm that was subject to the former conservation reserve
contract.
(ii) Amount.--Contract payments made for contract acreage
under this subparagraph shall be made at the rate and amount
applicable to the annual contract payment level for the
applicable crop.
(2) Duration of contract.--
(A) Beginning date.--A contract shall begin with--
(i) the 1996 crop of a contract commodity; or
(ii) in the case of acreage that was subject to a
conservation reserve contract described in paragraph (1)(B),
the date the production flexibility contract was entered into
or expanded to cover the acreage.
(B) Ending date.--A contract shall extend through the 2002
crop.
(3) Estimation of contract payments.--At the time the
Secretary enters into a contract, the Secretary shall provide
an estimate of the minimum contract payments anticipated to
be made during at least the first fiscal year for which
contract payments will be made.
(c) Eligible Farmland Described.--Land shall be considered
to be farmland eligible for coverage under a contract only if
the land has contract acreage attributable to the land and--
(1) for at least 1 of the 1991 through 1995 crops, at least
a portion of the land was enrolled in the acreage reduction
program authorized for a crop of a contract commodity under
section 101B, 103B, 105B, or 107B of the Agricultural Act of
1949 (as in effect prior to the amendment made by section
110(b)(2)) or was considered planted, including land on a
farm that is owned or leased by a beginning farmer (as
determined by the Secretary) that the Secretary determines is
necessary to establish a fair and equitable crop acreage
base;
(2) was subject to a conservation reserve contract under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) whose term expired, or was voluntarily terminated, on
or after January 1, 1995; or
(3) is released from coverage under a conservation reserve
contract by the Secretary during the period beginning on
January 1, 1995, and ending on the date specified in
subsection (b)(1)(A).
(d) Time for Payment.--
(1) In general.--An annual contract payment shall be made
not later than September 30 of each of fiscal years 1996
through 2002.
(2) Advance payments.--
(A) Fiscal year 1996.--At the option of the owner or
operator, 50 percent of the contract payment for fiscal year
1996 shall be made not later than June 15, 1996.
(B) Subsequent fiscal years.--At the option of the owner or
operator for fiscal year 1997 and each subsequent fiscal
year, 50 percent of the annual contract payment shall be made
on December 15.
(e) Amounts Available for Contract Payments for Each Fiscal
Year.--
(1) In general.--The Secretary shall, to the maximum extent
practicable, expend on a fiscal year basis the following
amounts to satisfy the obligations of the Secretary under all
contracts:
(A) For fiscal year 1996, $5,570,000,000.
(B) For fiscal year 1997, $5,385,000,000.
(C) For fiscal year 1998, $5,800,000,000.
(D) For fiscal year 1999, $5,603,000,000.
(E) For fiscal year 2000, $5,130,000,000.
(F) For fiscal year 2001, $4,130,000,000.
(G) For fiscal year 2002, $4,008,000,000.
(2) Allocation.--The amount made available for a fiscal
year under paragraph (1) shall be allocated as follows:
(A) For wheat, 26.26 percent.
(B) For corn, 46.22 percent.
(C) For grain sorghum, 5.11 percent.
(D) For barley, 2.16 percent.
(E) For oats, 0.15 percent.
(F) For upland cotton, 11.63 percent.
(G) For rice, 8.47 percent.
(3) Adjustment.--The Secretary shall adjust the amounts
allocated for each contract commodity under paragraph (2) for
a particular fiscal year by--
(A) subtracting an amount equal to the amount, if any,
necessary to satisfy payment requirements under sections
103B, 105B, and 107B of the Agricultural Act of 1949 (as in
effect prior to the amendment made by section 110(b)(2)) for
the 1994 and 1995 crops of the commodity;
(B) adding an amount equal to the sum of all repayments of
deficiency payments received under section 114(a)(2) of the
Agricultural Act of 1949 for the commodity;
(C) to the maximum extent practicable, adding an amount
equal to the sum of all contract payments withheld by the
Secretary, at the request of an owner or operator subject to
a contract, as an offset against repayments of deficiency
payments otherwise required under section 114(a)(2) of the
Act (as so in effect) for the commodity; and
(D) adding an amount equal to the sum of all refunds of
contract payments received during the preceding fiscal year
under subsection (h) for the commodity.
(4) Additional rice allocation.--In addition to the
allocations provided under paragraphs (1), (2), and (3), the
amounts made available for rice contract payments shall be
increased by $17,000,000 for each of fiscal years 1997
through 2002.
(f) Determination of Contract Payments.--
(1) Individual payment quantity of contract commodities.--
For each contract, the payment quantity of a contract
commodity for each fiscal year shall be equal to the product
of--
(A) 85 percent of the contract acreage; and
(B) the farm program payment yield.
(2) Annual payment quantity of contract commodities.--The
payment quantity of each contract commodity covered by all
contracts for each fiscal year shall equal the sum of the
amounts calculated under paragraph (1) for each individual
contract.
(3) Annual payment rate.--The payment rate for a contract
commodity for each fiscal year shall be equal to--
(A) the amount made available under subsection (e) for the
contract commodity for the fiscal year; divided by
(B) the amount determined under paragraph (2) for the
fiscal year.
(4) Annual payment amount.--The amount to be paid under a
contract in effect for each fiscal year with respect to a
contract commodity shall be equal to the product of--
(A) the payment quantity determined under paragraph (1)
with respect to the contract; and
(B) the payment rate in effect under paragraph (3).
(5) Assignment of contract payments.--The provisions of
section 8(g) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(g)) (relating to assignment of payments)
shall apply to contract payments under this subsection. The
owner or operator making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as
the Secretary may require in the contract, of any assignment
made under this paragraph.
(6) Sharing of contract payments.--The Secretary shall
provide for the sharing of contract payments among the owners
and operators subject to the contract on a fair and equitable
basis.
(g) Payment Limitation.--The total amount of contract
payments made to a person under a contract during any fiscal
year may not exceed the payment limitations established under
sections 1001 through 1001C of the Food Security Act of 1985
(7 U.S.C. 1308 through 1308-3).
(h) Effect of Violation.--
(1) Termination of contract.--Except as provided in
paragraph (2), if an owner or operator subject to a contract
violates a term of the contract required under subsection
(a)(1), the Secretary shall terminate the contract with
respect to the owner or operator on each farm in which the
owner or operator has an interest. On the termination, the
owner or operator shall forfeit all rights to receive future
contract payments on each farm in which the owner or operator
has an interest and shall refund to the Secretary all
contract payments received by the owner or operator during
the period of the violation,
[[Page 376]]
together with interest on the contract payments as determined
by the Secretary.
(2) Refund or adjustment.--If the Secretary determines that
a violation does not warrant termination of the contract
under paragraph (1), the Secretary may require the owner or
operator subject to the contract--
(A) to refund to the Secretary that part of the contract
payments received by the owner or operator during the period
of the violation, together with interest on the contract
payments as determined by the Secretary; or
(B) to accept a reduction in the amount of future contract
payments that is proportionate to the severity of the
violation, as determined by the Secretary.
(3) Foreclosure.--An owner or operator subject to a
contract may not be required to make repayments to the
Secretary of amounts received under the contract if the
contract acreage has been foreclosed on and the Secretary
determines that forgiving the repayments is appropriate in
order to provide fair and equitable treatment. This paragraph
shall not void the responsibilities of such an owner or
operator under the contract if the owner or operator
continues or resumes operation, or control, of the contract
acreage. On the resumption of operation or control over the
contract acreage by the owner or operator, the provisions of
the contract in effect on the date of the foreclosure shall
apply.
(4) Review.--A determination of the Secretary under this
subsection shall be considered to be an adverse decision for
purposes of the availability of administrative review of the
determination.
(i) Transfer of Interest in Lands Subject to Contract.--
(1) Effect of transfer.--Except as provided in paragraph
(2), the transfer by an owner or operator subject to a
contract of the right and interest of the owner or operator
in the contract acreage shall result in the termination of
the contract with respect to the acreage, effective on the
date of the transfer, unless the transferee of the acreage
agrees with the Secretary to assume all obligations of the
contract. At the request of the transferee, the Secretary may
modify the contract if the modifications are consistent with
the objectives of this section as determined by the
Secretary.
(2) Exception.--If an owner or operator who is entitled to
a contract payment dies, becomes incompetent, or is otherwise
unable to receive the contract payment, the Secretary shall
make the payment, in accordance with regulations prescribed
by the Secretary.
(j) Planting Flexibility.--
(1) Permitted crops.--Subject to paragraph (2), any
commodity or crop may be planted on contract acreage on a
farm.
(2) Limitations.--
(A) Haying and grazing.--
(i) Time limitations.--Haying and grazing on land exceeding
15 percent of the contract acreage on a farm as provided in
clause (iii) shall be permitted, except during any
consecutive 5-month period between April 1 and October 31
that is determined by the State committee established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) for a State. In the case of a natural
disaster, the Secretary may permit unlimited haying and
grazing on the contract acreage of a farm.
(ii) Contract commodities.--Contract acreage planted to a
contract commodity during the crop year may be hayed or
grazed without limitation.
(iii) Haying and grazing limitation on portion of contract
acreage.--Unlimited haying and grazing shall be permitted on
not more than 15 percent of the contract acreage on a farm.
(B) Alfalfa.--Alfalfa may be planted for harvest without
limitation on the contract acreage on a farm, except that
each contract acre that is planted for harvest to alfalfa in
excess of 15 percent of the total contract acreage on a farm
shall be ineligible for contract payments.
(C) Fruits and vegetables.--
(i) In general.--The planting for harvest of fruits and
vegetables shall be prohibited on contract acreage, unless
there is a history of double cropping of a contract commodity
and fruits and vegetables.
(ii) Unrestricted vegetables.--Lentils, mung beans, and dry
peas may be planted without limitation on contract acreage.
(k) Conservation Farm Option.--
(1) Establishment.--The Secretary shall establish a
voluntary conservation farm option to encourage producers to
implement and maintain resource stewardship practices and
systems.
(2) Terms.--Notwithstanding any other provision of law, in
the case of a producer who enters into an agreement under
paragraph (3), the Secretary shall--
(A) not reduce any marketing assistance loans, contract
payments, or other farm program benefits of the producer as a
result of the planting of a resource-conserving crop, the
establishment of a special conservation practice, the
requirements of any integrated crop management practice, or
the haying or grazing of contract acres enrolled in the
voluntary conservation farm option that is consistent with an
approved haying and grazing management plan; and
(B) provide payments to the producer equal to the sum of--
(i) the contract payments for which the producer is
eligible;
(ii) any environmental quality incentives program payments
for which the producer is eligible; and
(iii) any conservation reserve program payments for which
the producer is eligible.
(3) Agreements.--To be eligible to participate in the
voluntary conservation farm option, a producer must prepare
and submit to the Secretary for approval a farm plan. Upon
the approval of the farm plan, the Secretary shall enter into
an agreement with the producer that specifies the contract
acres being enrolled in the voluntary conservation farm
option. The agreement shall be for a period of not less than
three years, nor more than ten years, as determined by the
producer. The agreement may be renewed upon the mutual
agreement of the Secretary and the producer.
(4) Producer responsibilities under agreement.--Under the
terms of an agreement entered into under paragraph (3), a
producer shall agree--
(A) to actively comply with the terms and conditions of the
applicable farm plan, as approved by the Secretary; and
(B) to keep such records as the Secretary may reasonably
require for purposes of evaluation of the voluntary
conservation farm option.
(5) Requirements of farm plan.--To be approved by the
Secretary, a farm plan submitted by a producer must--
(A) specify the contract acres the producer wishes to
enroll in the voluntary conservation farm option;
(B) briefly describe the resource-conserving crop rotation,
special conservation practices, biomass production, or
integrated crop management practices to be implemented and
maintained on such acreage during the agreement period which
fulfill the purposes for which the voluntary conservation
farm option is established;
(C) contain a schedule for the implementation, improvement
and maintenance of the resource-conserving crop rotation,
special conservation, biomass production, or integrated crop
management operations and practices described in the farm
plan; and
(D) contain such other terms as the Secretary may require.
(6) Administration.--
(A) Technical assistance.--In administering the voluntary
conservation farm option, the Secretary, in consultation with
the State Technical Committee and local conservation
districts, shall provide technical assistance to a producer
in developing and implementing a farm plan, evaluating the
effectiveness of a farm plan, and assessing the costs and
benefits of farming operation and practices. If requested by
a producer, the Secretary shall provide technical assistance
to help the producer comply with Federal, State, and local
conservation or environmental requirements.
(B) State plan.--In consultation with the State Technical
Committee established under section 1261 of the Food Security
Act of 1985 (16 U.S.C. 3801), the Secretary may establish
conservation farm option plan guidance for a State that is
designed to address particular priority needs and
opportunities related to soil and water conservation and
quality, wildlife habitat, or other natural resource issues.
(C) Flexibility.--In administering the voluntary
conservation farm option, the Secretary shall provide
sufficient flexibility for a producer to revise the
producer's farm plan to respond to changes in market
conditions, weather, or technology or to adjust and modify
the farming operation, except that such revisions must be
consistent with the purposes for which the voluntary
conservation farm option is established and by approved by
the Secretary.
(D) Termination.--The Secretary may terminate an agreement
entered into with a producer under this section if the
producer agrees to such termination or the producer violates
the terms and conditions of such agreement.
(7) Definitions.--In this subsection:
(A) The term ``farm plan'' means a site-specific farm
management plan prepared by the producer and approved by the
Secretary, incorporating, where applicable, a conservation
plan prepared in accordance with subtitle B of title XII of
the Food Security Act of 1985 (16 U.S.C. 3812 et seq.) or a
haying and grazing management plan that protects the land
from erosion and minimizes sediment and nutrient run-off.
(B) The term ``resource-conserving crop rotation'' means a
crop rotation which includes at least one resource-conserving
crop and that reduces erosion, maintains or improves soil
fertility, tilt and structure, interrupts pest cycles, or
conserves water.
(C) The term ``special conservation practices'' means field
borders, contour buffer strips, grass waterways, filter
strips, grass windbreaks, buffer areas, wildlife habitat
plantings, farm ponds, habitat plantings for beneficial
organisms that aid in the control of pests, adding soil
building crops to rotations, grass plantings on highly
erodible land managed to provide erosion control and wildlife
cover, and such other practices as the Secretary may
designate.
(D) The term ``integrated crop management practices'' means
crop, water, nutrient, and pest management measures designed
to reduce and minimize the use of pesticides and nutrients
and irrigation water on the farm, including the use of
reduced yield goals in areas particularly vulnerable to
groundwater leaching, run-off to surface water, compaction
from excess water withdrawals, or salinization of soils.
(E) The term ``resource-conserving crop'' means legumes,
grasses, brassica cover crops and forages, alternative crops,
any interseeded or rely-planted combination of such crops,
any interseeded or relay-planted com
[[Page 377]]
bination of such crops and small grains, and such other crops
as the Secretary may designate.
(F) The term ``legumes'' means any legume, including
alfalfa, clover, lentils, lupine, medic, peas, soybeans, and
vetch, grown for use as a forage, green manure, or biomass
feedstock, but not including any pulse crop from which the
seeds are harvested and sold for purposes other than use as
seed for planting.
(G) The term ``alternative crops'' means experimental,
industrial, and oilseed crops which conserve soil and water.
(H) The term ``small grains'' means any small grain,
including barley, buckwheat, oats, rye, spelt, triticale, and
wheat.
(8) Conforming repeal.--Section 1451 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5822) is repealed.
(l) Conforming Amendments to Food Security Act of 1985.--
(1) Highly erodible land conservation.--Section 1211(3) of
the Food Security Act of 1985 (16 U.S.C. 3811(3)) is
amended--
(A) in subparagraph (E), by striking ``or'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(G) a payment under a production flexibility contract
under section 103 of the Agricultural Market Transition
Act.''.
(2) Wetland conservation.--Section 1221(a)(3) of the Food
Security Act of 1985 (16 U.S.C. 3821(a)(3)) is amended--
(A) in subparagraph (E), by striking ``or'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(G) a payment under a production flexibility contract
under section 103 of the Agricultural Market Transition
Act.''.
SEC. 104. NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN
DEFICIENCY PAYMENTS.
(a) Availability of Nonrecourse Loans.--
(1) Availability.--For each of the 1996 through 2002 crops
of each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans
for loan commodities produced on the farm. The loans shall be
made under terms and conditions that are prescribed by the
Secretary and at the loan rate established under subsection
(b) for the loan commodity.
(2) Eligible production.--The following production shall be
eligible for a marketing assistance loan under this section:
(A) In the case of a marketing assistance loan for a
contract commodity, any production by a producer who has
entered into a production flexibility contract.
(B) In the case of a marketing assistance loan for extra
long staple cotton and oilseeds, any production.
(b) Loan Rates.--
(1) Wheat.--
(A) Loan rate.--Subject to subparagraph (B), the loan rate
for a marketing assistance loan for wheat shall be--
(i) not less than 85 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of wheat, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not more than $2.58 per bushel.
(B) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of wheat to total use for the marketing year will be--
(i) equal to or greater than 30 percent, the Secretary may
reduce the loan rate for wheat for the corresponding crop by
an amount not to exceed 10 percent in any year;
(ii) less than 30 percent but not less than 15 percent, the
Secretary may reduce the loan rate for wheat for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(iii) less than 15 percent, the Secretary may not reduce
the loan rate for wheat for the corresponding crop.
(C) No effect on future years.--Any reduction in the loan
rate for wheat under subparagraph (B) shall not be considered
in determining the loan rate for wheat for subsequent years.
(2) Feed grains.--
(A) Loan rate for corn.--Subject to subparagraph (B), the
loan rate for a marketing assistance loan for corn shall be--
(i) not less than 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of corn, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not more than $1.89 per bushel.
(B) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of corn to total use for the marketing year will be--
(i) equal to or greater than 25 percent, the Secretary may
reduce the loan rate for corn for the corresponding crop by
an amount not to exceed 10 percent in any year;
(ii) less than 25 percent but not less than 12.5 percent,
the Secretary may reduce the loan rate for corn for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(iii) less than 12.5 percent the Secretary may not reduce
the loan rate for corn for the corresponding crop.
(C) No effect on future years.--Any reduction in the loan
rate for corn under subparagraph (B) shall not be considered
in determining the loan rate for corn for subsequent years.
(D) Other feed grains.--The loan rate for a marketing
assistance loan for grain sorghum, barley, and oats,
respectively, shall be established at such level as the
Secretary determines is fair and reasonable in relation to
the rate that loans are made available for corn, taking into
consideration the feeding value of the commodity in relation
to corn.
(3) Upland cotton.--
(A) Loan rate.--Subject to subparagraph (B), the loan rate
for a marketing assistance loan for upland cotton shall be
established by the Secretary at such loan rate, per pound, as
will reflect for the base quality of upland cotton, as
determined by the Secretary, at average locations in the
United States a rate that is not less than the smaller of--
(i) 85 percent of the average price (weighted by market and
month) of the base quality of cotton as quoted in the
designated United States spot markets during 3 years of the
5-year period ending July 31 in the year in which the loan
rate is announced, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; or
(ii) 90 percent of the average, for the 15-week period
beginning July 1 of the year in which the loan rate is
announced, of the 5 lowest-priced growths of the growths
quoted for Middling 1\3/32\-inch cotton C.I.F. Northern
Europe (adjusted downward by the average difference during
the period April 15 through October 15 of the year in which
the loan is announced between the average Northern European
price quotation of such quality of cotton and the market
quotations in the designated United States spot markets for
the base quality of upland cotton), as determined by the
Secretary.
(B) Limitations.--The loan rate for a marketing assistance
loan for upland cotton shall not be less than $0.50 per pound
or more than $0.5192 per pound.
(4) Extra long staple cotton.--The loan rate for a
marketing assistance loan for extra long staple cotton shall
be--
(A) not less than 85 percent of the simple average price
received by producers of extra long staple cotton, as
determined by the Secretary, during 3 years of the 5 previous
marketing years, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; but
(B) not more than $0.7965 per pound.
(5) Rice.--The loan rate for a marketing assistance loan
for rice shall be $6.50 per hundredweight.
(6) Oilseeds.--
(A) Soybeans.--The loan rate for a marketing assistance
loan for soybeans shall be--
(i) not less than 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of soybeans, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period; but
(ii) not less than $4.92 or more than $5.26 per bushel.
(B) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rate for a marketing assistance
loan for sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed, individually, shall be--
(i) not less than 85 percent of the simple average price
received by producers of sunflower seed, individually, as
determined by the Secretary, during the marketing years for
the immediately preceding 5 crops of sunflower seed,
individually, excluding the year in which the average price
was the highest and the year in which the average price was
the lowest in the period; but
(ii) not less than $0.087 or more than $0.093 per pound.
(C) Other oilseeds.--The loan rates for a marketing
assistance loan for other oilseeds shall be established at
such level as the Secretary determines is fair and reasonable
in relation to the loan rate available for soybeans, except
in no event shall the rate for the oilseeds (other than
cottonseed) be less than the rate established for soybeans on
a per-pound basis for the same crop.
(c) Term of Loan.--In the case of each loan commodity
(other than upland cotton or extra long staple cotton), a
marketing assistance loan under subsection (a) shall have a
term of 9 months beginning on the first day of the first
month after the month in which the loan is made. A marketing
assistance loan for upland cotton or extra long staple cotton
shall have a term of 10 months beginning on the first day of
the first month after the month in which the loan is made.
The Secretary may not extend the term of a marketing
assistance loan for any loan commodity.
(d) Repayment.--
(1) Repayment rates for wheat and feed grains.--The
Secretary shall permit a producer to repay a marketing
assistance loan under subsection (a) for wheat, corn, grain
sorghum, barley, and oats at a level that the Secretary
determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodities
by the Federal Government;
(C) minimize the cost incurred by the Federal Government in
storing the commodities; and
[[Page 378]]
(D) allow the commodities produced in the United States to
be marketed freely and competitively, both domestically and
internationally.
(2) Repayment rates for upland cotton, oilseeds, and
rice.--The Secretary shall permit producers to repay a
marketing assistance loan under subsection (a) for upland
cotton, oilseeds, and rice at a level that is the lesser of--
(A) the loan rate established for upland cotton, oilseeds,
and rice, respectively, under subsection (b); or
(B) the prevailing world market price for upland cotton,
oilseeds, and rice, respectively (adjusted to United States
quality and location), as determined by the Secretary.
(3) Repayment rates for extra long staple cotton.--
Repayment of a marketing assistance loan for extra long
staple cotton shall be at the loan rate established for the
commodity under subsection (b), plus interest (as determined
by the Secretary).
(4) Prevailing world market price.--For purposes of
paragraph (2)(B) and subsection (f), the Secretary shall
prescribe by regulation--
(A) a formula to determine the prevailing world market
price for each loan commodity, adjusted to United States
quality and location; and
(B) a mechanism by which the Secretary shall announce
periodically the prevailing world market price for each loan
commodity.
(5) Adjustment of prevailing world market price for upland
cotton.--
(A) In general.--During the period ending July 31, 2003,
the prevailing world market price for upland cotton (adjusted
to United States quality and location) established under
paragraph (4) shall be further adjusted if--
(i) the adjusted prevailing world market price is less than
115 percent of the loan rate for upland cotton established
under subsection (b), as determined by the Secretary; and
(ii) the Friday through Thursday average price quotation
for the lowest-priced United States growth as quoted for
Middling (M) 1\3/32\-inch cotton delivered C.I.F. Northern
Europe is greater than the Friday through Thursday average
price of the 5 lowest-priced growths of upland cotton, as
quoted for Middling (M) 1\3/32\-inch cotton, delivered C.I.F.
Northern Europe (referred to in this subsection as the
``Northern Europe price'').
(B) Further adjustment.--Except as provided in subparagraph
(C), the adjusted prevailing world market price for upland
cotton shall be further adjusted on the basis of some or all
of the following data, as available:
(i) The United States share of world exports.
(ii) The current level of cotton export sales and cotton
export shipments.
(iii) Other data determined by the Secretary to be relevant
in establishing an accurate prevailing world market price for
upland cotton (adjusted to United States quality and
location).
(C) Limitation on further adjustment.--The adjustment under
subparagraph (B) may not exceed the difference between--
(i) the Friday through Thursday average price for the
lowest-priced United States growth as quoted for Middling
1\3/32\-inch cotton delivered C.I.F. Northern Europe; and
(ii) the Northern Europe price.
(e) Loan Deficiency Payments.--
(1) Availability.--Except as provided in paragraph (4), the
Secretary may make loan deficiency payments available to
producers who, although eligible to obtain a marketing
assistance loan under subsection (a) with respect to a loan
commodity, agree to forgo obtaining the loan for the
commodity in return for payments under this subsection.
(2) Computation.--A loan deficiency payment under this
subsection shall be computed by multiplying--
(A) the loan payment rate determined under paragraph (3)
for the loan commodity; by
(B) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forgo obtaining the loan in return for payments
under this subsection.
(3) Loan payment rate.--For purposes of this subsection,
the loan payment rate shall be the amount by which--
(A) the loan rate established under subsection (b) for the
loan commodity; exceeds
(B) the rate at which a loan for the commodity may be
repaid under subsection (d).
(4) Exception for extra long staple cotton.--This
subsection shall not apply with respect to extra long staple
cotton.
(f) Special Marketing Loan Provisions for Upland Cotton.--
(1) Cotton user marketing certificates.--
(A) Issuance.--Subject to subparagraph (D), during the
period ending July 31, 2003, the Secretary shall issue
marketing certificates or cash payments to domestic users and
exporters for documented purchases by domestic users and
sales for export by exporters made in the week following a
consecutive 4-week period in which--
(i) the Friday through Thursday average price quotation for
the lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern
Europe exceeds the Northern Europe price by more than 1.25
cents per pound; and
(ii) the prevailing world market price for upland cotton
(adjusted to United States quality and location) does not
exceed 130 percent of the loan rate for upland cotton
established under subsection (b).
(B) Value of certificates or payments.--The value of the
marketing certificates or cash payments shall be based on the
amount of the difference (reduced by 1.25 cents per pound) in
the prices during the 4th week of the consecutive 4-week
period multiplied by the quantity of upland cotton included
in the documented sales.
(C) Administration of marketing certificates.--
(i) Redemption, marketing, or exchange.--The Secretary
shall establish procedures for redeeming marketing
certificates for cash or marketing or exchange of the
certificates for agricultural commodities owned by the
Commodity Credit Corporation in such manner, and at such
price levels, as the Secretary determines will best
effectuate the purposes of cotton user marketing
certificates. Any price restrictions that would otherwise
apply to the disposition of agricultural commodities by the
Commodity Credit Corporation shall not apply to the
redemption of certificates under this paragraph.
(ii) Designation of commodities and products.--To the
extent practicable, the Secretary shall permit owners of
certificates to designate the commodities and products,
including storage sites, the owners would prefer to receive
in exchange for certificates. If any certificate is not
presented for redemption, marketing, or exchange within a
reasonable number of days after the issuance of the
certificate (as determined by the Secretary), reasonable
costs of storage and other carrying charges, as determined by
the Secretary, shall be deducted from the value of the
certificate for the period beginning after the reasonable
number of days and ending with the date of the presentation
of the certificate to the Commodity Credit Corporation.
(iii) Transfers.--Marketing certificates issued to domestic
users and exporters of upland cotton may be transferred to
other persons in accordance with regulations issued by the
Secretary.
(D) Exception.--The Secretary shall not issue marketing
certificates or cash payments under subparagraph (A) if, for
the immediately preceding consecutive 10-week period, the
Friday through Thursday average price quotation for the
lowest priced United States growth, as quoted for Middling
(M) 1\3/32\-inch cotton, delivered C.I.F. Northern Europe,
adjusted for the value of any certificate issued under this
paragraph, exceeds the Northern Europe price by more than
1.25 cents per pound.
(E) Limitation on expenditures.--Total expenditures under
this paragraph shall not exceed $701,000,000 during fiscal
years 1996 through 2002.
(2) Special import quota.--
(A) Establishment.--The President shall carry out an import
quota program that provides that, during the period ending
July 31, 2003, whenever the Secretary determines and
announces that for any consecutive 10-week period, the Friday
through Thursday average price quotation for the lowest-
priced United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, adjusted
for the value of any certificates issued under paragraph (1),
exceeds the Northern Europe price by more than 1.25 cents per
pound, there shall immediately be in effect a special import
quota.
(B) Quantity.--The quota shall be equal to 1 week's
consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(C) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under subparagraph (A) and entered
into the United States not later than 180 days after the
date.
(D) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
subparagraph (A), except that a special quota period may not
be established under this paragraph if a quota period has
been established under subsection (g).
(E) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(F) Definition.--In this paragraph, the term ``special
import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(g) Limited Global Import Quota for Upland Cotton.--
(1) In general.--The President shall carry out an import
quota program that provides that whenever the Secretary
determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in
the designated spot markets for a month exceeded 130 percent
of the average price of such quality of cotton in the markets
for the preceding 36 months, notwithstanding any other
provision of law, there shall immediately be in effect a
limited global import quota subject to the following
conditions:
(A) Quantity.--The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(B) Quantity if prior quota.--If a quota has been
established under this subsection
[[Page 379]]
during the preceding 12 months, the quantity of the quota
next established under this subsection shall be the smaller
of 21 days of domestic mill consumption calculated under
subparagraph (A) or the quantity required to increase the
supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity under a
limited global import quota shall be considered to be an in-
quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(D) Definitions.--In this subsection:
(i) Supply.--The term ``supply'' means, using the latest
official data of the Bureau of the Census, the Department of
Agriculture, and the Department of the Treasury--
(I) the carry-over of upland cotton at the beginning of the
marketing year (adjusted to 480-pound bales) in which the
quota is established;
(II) production of the current crop; and
(III) imports to the latest date available during the
marketing year.
(ii) Demand.--The term ``demand'' means--
(I) the average seasonally adjusted annual rate of domestic
mill consumption in the most recent 3 months for which data
are available; and
(II) the larger of--
(aa) average exports of upland cotton during the preceding
6 marketing years; or
(bb) cumulative exports of upland cotton plus outstanding
export sales for the marketing year in which the quota is
established.
(iii) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(E) Quota entry period.--When a quota is established under
this subsection, cotton may be entered under the quota during
the 90-day period beginning on the date the quota is
established by the Secretary.
(2) No overlap.--Notwithstanding paragraph (1), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(f)(2).
(h) Source of Loans.--
(1) In general.--The Secretary shall provide the loans
authorized by this section through the Commodity Credit
Corporation and other means available to the Secretary.
(2) Processors.--Whenever any loan or surplus removal
operation for any agricultural commodity is carried out
through purchases from or loans or payments to processors,
the Secretary shall, to the extent practicable, obtain from
the processors such assurances as the Secretary considers
adequate that the producers of the commodity have received or
will receive maximum benefits from the loan or surplus
removal operation.
(i) Adjustments of Loans.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan levels for any commodity for
differences in grade, type, quality, location, and other
factors.
(2) Loan level.--The adjustments shall, to the maximum
extent practicable, be made in such manner that the average
loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level
of support determined as provided in this section.
(j) Personal Liability of Producers for Deficiencies.--
(1) In general.--Except as provided in paragraph (2), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this section unless the loan was
obtained through a fraudulent representation by the producer.
(2) Limitations.--Paragraph (1) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
a producer to assume liability for--
(A) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(B) a failure to properly care for and preserve a
commodity; or
(C) a failure or refusal to deliver a commodity in
accordance with a program established under this section.
(3) Acquisition of collateral.--The Secretary may include
in a contract for a nonrecourse loan made under this section
a provision that permits the Commodity Credit Corporation, on
and after the maturity of the loan or any extension of the
loan, to acquire title to the unredeemed collateral without
obligation to pay for any market value that the collateral
may have in excess of the loan indebtedness.
(4) Sugarcane and sugar beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets and
all prior recorded and unrecorded liens on the crops of
sugarcane and sugar beets from which the sugar was derived.
(k) Commodity Credit Corporation Sales Price
Restrictions.--
(1) In general.--The Commodity Credit Corporation may sell
any commodity owned or controlled by the Corporation at any
price that the Secretary determines will maximize returns to
the Corporation.
(2) Nonapplication of sales price restrictions.--Paragraph
(1) shall not apply to--
(A) a sale for a new or byproduct use;
(B) a sale of peanuts or oilseeds for the extraction of
oil;
(C) a sale for seed or feed if the sale will not
substantially impair any loan program;
(D) a sale of a commodity that has substantially
deteriorated in quality or as to which there is a danger of
loss or waste through deterioration or spoilage;
(E) a sale for the purpose of establishing a claim arising
out of a contract or against a person who has committed
fraud, misrepresentation, or other wrongful act with respect
to the commodity;
(F) a sale for export, as determined by the Corporation;
and
(G) a sale for other than a primary use.
(3) Presidential disaster areas.--
(A) In general.--Notwithstanding paragraph (1), on such
terms and conditions as the Secretary may consider in the
public interest, the Corporation may make available any
commodity or product owned or controlled by the Corporation
for use in relieving distress--
(i) in any area in the United States (including the Virgin
Islands) declared by the President to be an acute distress
area because of unemployment or other economic cause, if the
President finds that the use will not displace or interfere
with normal marketing of agricultural commodities; and
(ii) in connection with any major disaster determined by
the President to warrant assistance by the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(B) Costs.--Except on a reimbursable basis, the Corporation
shall not bear any costs in connection with making a
commodity available under subparagraph (A) beyond the cost of
the commodity to the Corporation incurred in--
(i) the storage of the commodity; and
(ii) the handling and transportation costs in making
delivery of the commodity to designated agencies at 1 or more
central locations in each State or other area.
(4) Efficient operations.--Paragraph (1) shall not apply to
the sale of a commodity the disposition of which is desirable
in the interest of the effective and efficient conduct of the
operations of the Corporation because of the small quantity
of the commodity involved, or because of the age, location,
or questionable continued storability of the commodity.
SEC. 105. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended by striking paragraphs (1)
through (4) and inserting the following:
``(1) Limitation on payments under production flexibility
contracts.--The total amount of contract payments made under
section 103 of the Agricultural Market Transition Act to a
person under 1 or more production flexibility contracts
during any fiscal year may not exceed $40,000.
``(2) Limitation on marketing loan gains and loan
deficiency payments.--
``(A) Limitation.--The total amount of payments specified
in subparagraph (B) that a person shall be entitled to
receive under section 104 of the Agricultural Market
Transition Act for contract commodities and oilseeds during
any crop year may not exceed $75,000.
``(B) Description of payments.--The payments referred to in
subparagraph (A) are the following:
``(i) Any gain realized by a producer from repaying a
marketing assistance loan for a crop of any loan commodity at
a lower level than the original loan rate established for the
commodity under section 104(b) of the Act.
``(ii) Any loan deficiency payment received for a loan
commodity under section 104(e) of the Act.''.
(b) Conforming Amendments.--
(1) Section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308) (as amended by subsection (a)) is amended--
(A) by redesignating paragraphs (5), (6), and (7) as
paragraphs (3), (4), and (5), respectively; and
(B) in the second sentence of paragraph (3)(A) (as so
redesignated), by striking ``paragraphs (6) and (7)'' and
inserting ``paragraphs (4) and (5)''.
(2) Section 1305(d) of the Agricultural Reconciliation Act
of 1987 (Public Law 100-203; 7 U.S.C. 1308 note) is amended
by striking ``paragraphs (5) through (7) of section 1001, as
amended by this subtitle,'' and inserting ``paragraphs (3)
through (5) of section 1001,''.
(3) Section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1(a)(1)) is amended--
(A) in the first sentence of subsection (a)(1)--
(i) by striking ``section 1001(5)(B)(i)'' and inserting
``section 1001(3)(B)(i)'';
(ii) by striking ``under the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.)''; and
(iii) by striking ``section 1001(5)(B)(i)(II)'' and
inserting ``section 1001(3)(B)(i)(II)''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``under the Agricultural Act of 1949''; and
(II) by striking ``section 1001(5)(B)(i)'' and inserting
``section 1001(3)(B)(i)''; and
(ii) in paragraph (2)(B), by striking ``section
1001(5)(B)(i)(II)'' and inserting ``section
1001(3)(B)(i)(II)''.
(4) Section 1001C(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3(a)) is amended--
[[Page 380]]
(A) by striking ``For each of the 1991 through 1997 crops,
any'' and inserting ``Any'';
(B) by striking ``price support program loans, payments, or
benefits made available under the Agricultural Act of 1949 (7
U.S.C. 1421 et seq.),'' and inserting ``loans or payments
made available under the Agricultural Market Transition
Act''; and
(C) by striking ``during the 1989 through 1997 crop
years''.
SEC. 106. PEANUT PROGRAM.
(a) Quota Peanuts.--
(1) Availability of loans.--The Secretary shall make
nonrecourse loans available to producers of quota peanuts.
(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be $610 per ton.
(3) Inspection, handling, or storage.--The loan amount may
not be reduced by the Secretary by any deductions for
inspection, handling, or storage.
(4) Location and other factors.--The Secretary may make
adjustments in the loan rate for quota peanuts for location
of peanuts and such other factors as are authorized by
section 104(i)(1).
(b) Additional Peanuts.--
(1) In general.--The Secretary shall make nonrecourse loans
available to producers of additional peanuts at such rates as
the Secretary finds appropriate, taking into consideration
the demand for peanut oil and peanut meal, expected prices of
other vegetable oils and protein meals, and the demand for
peanuts in foreign markets.
(2) Announcement.--The Secretary shall announce the loan
rate for additional peanuts of each crop not later than
February 15 preceding the marketing year for the crop for
which the loan rate is being determined.
(c) Area Marketing Associations.--
(1) Warehouse storage loans.--
(A) In general.--In carrying out subsections (a) and (b),
the Secretary shall make warehouse storage loans available in
each of the producing areas (described in section 1446.95 of
title 7 of the Code of Federal Regulations (January 1, 1989))
to a designated area marketing association of peanut
producers that is selected and approved by the Secretary and
that is operated primarily for the purpose of conducting the
loan activities. The Secretary may not make warehouse storage
loans available to any cooperative that is engaged in
operations or activities concerning peanuts other than those
operations and activities specified in this section and
section 358e of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a).
(B) Administrative and supervisory activities.--An area
marketing association shall be used in administrative and
supervisory activities relating to loans and marketing
activities under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(C) Association costs.--Loans made to the association under
this paragraph shall include such costs as the area marketing
association reasonably may incur in carrying out the
responsibilities, operations, and activities of the
association under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(2) Pools for quota and additional peanuts.--
(A) In general.--The Secretary shall require that each area
marketing association establish pools and maintain complete
and accurate records by area and segregation for quota
peanuts handled under loan and for additional peanuts placed
under loan, except that separate pools shall be established
for Valencia peanuts produced in New Mexico.
(B) Eligibility to participate.--
(i) In general.--Except as provided in clause (ii), in the
case of the 1996 and subsequent crops, Valencia peanuts not
physically produced in the State of New Mexico shall not be
eligible to participate in the pools of the State.
(ii) Exception.--A resident of the State of New Mexico may
enter Valencia peanuts that are produced outside of the State
into the pools of the State in a quantity that is not greater
than the 1995 crop of the resident that was produced outside
the State.
(C) Types of peanuts.--Bright hull and dark hull Valencia
peanuts shall be considered as separate types for the purpose
of establishing the pools.
(D) Net gains.--Net gains on peanuts in each pool, unless
otherwise approved by the Secretary, shall be distributed
only to producers who placed peanuts in the pool and shall be
distributed in proportion to the value of the peanuts placed
in the pool by each producer. Net gains for peanuts in each
pool shall consist of the following:
(i) Quota peanuts.--For quota peanuts, the net gains over
and above the loan indebtedness and other costs or losses
incurred on peanuts placed in the pool.
(ii) Additional peanuts.--For additional peanuts, the net
gains over and above the loan indebtedness and other costs or
losses incurred on peanuts placed in the pool for additional
peanuts.
(d) Losses.--Losses in quota area pools shall be covered
using the following sources in the following order of
priority:
(1) Transfers from additional loan pools.--The proceeds due
any producer from any pool shall be reduced by the amount of
any loss that is incurred with respect to peanuts transferred
from an additional loan pool to a quota loan pool by the
producer under section 358-1(b)(8) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(8)).
(2) Other producers in same pool.--Further losses in an
area quota pool shall be offset by reducing the gain of any
producer in the pool by the amount of pool gains attributed
to the same producer from the sale of additional peanuts for
domestic and export edible use.
(3) Offset within area.--Further losses in an area quota
pool shall be offset by any gains or profits from additional
peanuts (other than separate type pools established under
subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit
Corporation in that area and sold for domestic edible use, in
accordance with regulations issued by the Secretary.
(4) Use of marketing assessments.--The Secretary shall use
funds collected under subsection (g) (except funds
attributable to handlers) to offset further losses in area
quota pools. The Secretary shall transfer to the Treasury
those funds collected under subsection (g) and available for
use under this subsection that the Secretary determines are
not required to cover losses in area quota pools.
(5) Cross compliance.--Further losses in area quota pools,
other than losses incurred as a result of transfers from
additional loan pools to quota loan pools under section 358-
1(b)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358-1(b)(8)), shall be offset by any gains or profits from
quota pools in other production areas (other than separate
type pools established under subsection (c)(2)(A) for
Valencia peanuts produced in New Mexico) in such manner as
the Secretary shall by regulation prescribe.
(6) Offset generally.--If losses in an area quota pool have
not been entirely offset under paragraph (3), further losses
shall be offset by any gains or profits from additional
peanuts (other than separate type pools established under
subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit
Corporation and sold for domestic edible use, in accordance
with regulations issued by the Secretary.
(7) Increased assessments.--If use of the authorities
provided in the preceding paragraphs is not sufficient to
cover losses in an area quota pool, the Secretary shall
increase the marketing assessment established under
subsection (g) by such an amount as the Secretary considers
necessary to cover the losses. The increased assessment shall
apply only to quota peanuts in the production area covered by
the pool. Amounts collected under subsection (g) as a result
of the increased assessment shall be retained by the
Secretary to cover losses in that pool.
(e) Disapproval of Quotas.--Notwithstanding any other
provision of law, no loan for quota peanuts may be made
available by the Secretary for any crop of peanuts with
respect to which poundage quotas have been disapproved by
producers, as provided for in section 358-1(d) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(d)).
(f) Quality Improvement.--
(1) In general.--With respect to peanuts under loan, the
Secretary shall--
(A) promote the crushing of peanuts at a greater risk of
deterioration before peanuts of a lesser risk of
deterioration;
(B) ensure that all Commodity Credit Corporation
inventories of peanuts sold for domestic edible use must be
shown to have been officially inspected by licensed
Department inspectors both as farmer stock and shelled or
cleaned in-shell peanuts;
(C) continue to endeavor to operate the peanut program so
as to improve the quality of domestic peanuts and ensure the
coordination of activities under the Peanut Administrative
Committee established under Marketing Agreement No. 146,
regulating the quality of domestically produced peanuts
(under the Agricultural Adjustment Act (7 U.S.C. 601 et
seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937); and
(D) ensure that any changes made in the peanut program as a
result of this subsection requiring additional production or
handling at the farm level shall be reflected as an upward
adjustment in the Department loan schedule.
(2) Exports and other peanuts.--The Secretary shall require
that all peanuts in the domestic and export markets fully
comply with all quality standards under Marketing Agreement
No. 146.
(g) Marketing Assessment.--
(1) In general.--The Secretary shall provide for a
nonrefundable marketing assessment. The assessment shall be
made on a per pound basis in an amount equal to 1.1 percent
for each of the 1994 and 1995 crops, 1.15 percent for the
1996 crop, and 1.2 percent for each of the 1997 through 2002
crops, of the national average quota or additional peanut
loan rate for the applicable crop.
(2) First purchasers.--
(A) In general.--Except as provided under paragraphs (3)
and (4), the first purchaser of peanuts shall--
(i) collect from the producer a marketing assessment equal
to the quantity of peanuts acquired multiplied by--
(I) in the case of each of the 1994 and 1995 crops, .55
percent of the applicable national average loan rate;
(II) in the case of the 1996 crop, .6 percent of the
applicable national average loan rate; and
(III) in the case of each of the 1997 through 2002 crops,
.65 percent of the applicable national average loan rate;
(ii) pay, in addition to the amount collected under clause
(i), a marketing assessment in an amount equal to the
quantity of peanuts acquired multiplied by .55 percent of
[[Page 381]]
the applicable national average loan rate; and
(iii) remit the amounts required under clauses (i) and (ii)
to the Commodity Credit Corporation in a manner specified by
the Secretary.
(B) Definition of first purchaser.--In this subsection, the
term ``first purchaser'' means a person acquiring peanuts
from a producer except that in the case of peanuts forfeited
by a producer to the Commodity Credit Corporation, the term
means the person acquiring the peanuts from the Commodity
Credit Corporation.
(3) Other private marketings.--In the case of a private
marketing by a producer directly to a consumer through a
retail or wholesale outlet or in the case of a marketing by
the producer outside of the continental United States, the
producer shall be responsible for the full amount of the
assessment and shall remit the assessment by such time as is
specified by the Secretary.
(4) Loan peanuts.--In the case of peanuts that are pledged
as collateral for a loan made under this section, \1/2\ of
the assessment shall be deducted from the proceeds of the
loan. The remainder of the assessment shall be paid by the
first purchaser of the peanuts. For purposes of computing net
gains on peanuts under this section, the reduction in loan
proceeds shall be treated as having been paid to the
producer.
(5) Penalties.--If any person fails to collect or remit the
reduction required by this subsection or fails to comply with
the requirements for recordkeeping or otherwise as are
required by the Secretary to carry out this subsection, the
person shall be liable to the Secretary for a civil penalty
up to an amount determined by multiplying--
(A) the quantity of peanuts involved in the violation; by
(B) the national average quota peanut rate for the
applicable crop year.
(6) Enforcement.--The Secretary may enforce this subsection
in the courts of the United States.
(h) Crops.--Subsections (a) through (f) shall be effective
only for the 1996 through 2002 crops of peanuts.
(i) Marketing Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 is amended--
(A) in section 358-1 (7 U.S.C. 1358-1)--
(i) in the section heading, by striking ``1991 THROUGH 1997
CROPS OF'';
(ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A),
(b)(2)(C), and (b)(3)(A), by striking ``of the 1991 through
1997 marketing years'' each place it appears and inserting
``marketing year'';
(iii) in subsection (a)(3), by striking ``1990'' and
inserting ``1990, for the 1991 through 1995 marketing years,
and 1995, for the 1996 through 2002 marketing years'';
(iv) in subsection (b)(1)(A)--
(I) by striking ``each of the 1991 through 1997 marketing
years'' and inserting ``each marketing year''; and
(II) in clause (i), by inserting before the semicolon the
following: ``, in the case of the 1991 through 1995 marketing
years, and the 1995 marketing year, in the case of the 1996
through 2002 marketing years'';
(v) in subsection (b)(1), by adding at the end the
following:
``(D) Certain farms ineligible for quota.--Effective
beginning with the 1997 marketing year, the Secretary shall
not establish a farm poundage quota under subparagraph (A)
for a farm owned or controlled by--
``(i) a municipality, airport authority, school, college,
refuge, or other public entity (other than a university used
for research purposes); or
``(ii) a person who is not a producer and resides in
another State.'';
(vi) in subsection (b)(2), by adding at the end the
following:
``(E) Transfer of quota from ineligible farms.--Any farm
poundage quota held at the end of the 1996 marketing year by
a farm described in paragraph (1)(D) shall be allocated to
other farms in the same State on such basis as the Secretary
may by regulation prescribe.''; and
(vii) in subsection (f), by striking ``1997'' and inserting
``2002'';
(B) in section 358b (7 U.S.C. 1358b)--
(i) in the section heading, by striking ``1991 THROUGH 1995
CROPS OF''; and
(ii) in subsection (c), by striking ``1995'' and inserting
``2002'';
(C) in section 358c(d) (7 U.S.C. 1358c(d)), by striking
``1995'' and inserting ``2002''; and
(D) in section 358e (7 U.S.C. 1359a)--
(i) in the section heading, by striking ``FOR 1991 THROUGH
1997 CROPS OF PEANUTS''; and
(ii) in subsection (i), by striking ``1997'' and inserting
``2002''.
(2) Elimination of quota floor.--Section 358-1(a)(1) of the
Act (7 U.S.C. 1358-1(a)(1)) is amended by striking the second
sentence.
(3) Temporary quota allocation.--Section 358-1 of the Act
(7 U.S.C. 1358-1) is amended--
(A) in subsection (a)(1), by striking ``domestic edible,
seed,'' and inserting ``domestic edible use'';
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking ``subparagraph (B) and
subject to''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Temporary quota allocation.--
``(i) Allocation related to seed peanuts.--Temporary
allocation of quota pounds for the marketing year only in
which the crop is planted shall be made to producers for each
of the 1996 through 2002 marketing years as provided in this
subparagraph.
``(ii) Quantity.--The temporary quota allocation shall be
equal to the pounds of seed peanuts planted on the farm, as
may be adjusted under regulations prescribed by the
Secretary.
``(iii) Additional quota.--The temporary allocation of
quota pounds under this paragraph shall be in addition to the
farm poundage quota otherwise established under this
subsection and shall be credited, for the applicable
marketing year only, in total to the producer of the peanuts
on the farm in a manner prescribed by the Secretary.
``(iv) Effect of other requirements.--Nothing in this
section alters or changes the requirements regarding the use
of quota and additional peanuts established by section
358e(b).''; and
(C) in subsection (e)(3), strike ``and seed and use on a
farm''.
(4) Undermarketings.--Part VI of subtitle B of title III of
the Act is amended--
(A) in section 358-1(b) (7 U.S.C. 1358-1(b))--
(i) in paragraph (1)(B), by striking
``including--'' and clauses (i) and (ii) and inserting
``including any increases resulting from the allocation of
quotas voluntarily released for 1 year under paragraph
(7).'';
(ii) in paragraph (3)(B), by striking ``include--'' and
clauses (i) and (ii) and inserting ``include any increase
resulting from the allocation of quotas voluntarily released
for 1 year under paragraph (7).''; and
(iii) by striking paragraphs (8) and (9); and
(B) in section 358b(a) (7 U.S.C. 1358b(a))--
(i) in paragraph (1), by striking ``(including any
applicable under marketings)'' both places it appears;
(ii) in paragraph (1)(A), by striking ``of undermarketings
and'';
(iii) in paragraph (2), by striking ``(including any
applicable under marketings)''; and
(iv) in paragraph (3), by striking ``(including any
applicable undermarketings)''.
(5) Disaster transfers.--Section 358-1(b) of the Act (7
U.S.C. 1358-1(b)), as amended by paragraph (4)(A)(iii), is
further amended by adding at the end the following:
``(8) Disaster transfers.--
``(A) In general.--Except as provided in subparagraph (B),
additional peanuts produced on a farm from which the quota
poundage was not harvested and marketed because of drought,
flood, or any other natural disaster, or any other condition
beyond the control of the producer, may be transferred to the
quota loan pool for pricing purposes on such basis as the
Secretary shall by regulation provide.
``(B) Limitation.--The poundage of peanuts transferred
under subparagraph (A) shall not exceed the difference
between--
``(i) the total quantity of peanuts meeting quality
requirements for domestic edible use, as determined by the
Secretary, marketed from the farm; and
``(ii) the total farm poundage quota, excluding quota
pounds transferred to the farm in the fall.
``(C) Support rate.--Peanuts transferred under this
paragraph shall be supported at not more than 70 percent of
the quota support rate for the marketing years in which the
transfers occur. The transfers for a farm shall not exceed 25
percent of the total farm quota pounds, excluding pounds
transferred in the fall.''.
SEC. 107. SUGAR PROGRAM.
(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to
18 cents per pound for raw cane sugar.
(b) Sugar Beets.--The Secretary shall make loans available
to processors of domestically grown sugar beets at a rate
equal to 22.9 cents per pound for refined beet sugar.
(c) Term of Loans.--
(1) In general.--Loans under this section during any fiscal
year shall be made available not earlier than the beginning
of the fiscal year and shall mature at the earlier of--
(A) the end of 9 months; or
(B) the end of the fiscal year.
(2) Supplemental loans.--In the case of loans made under
this section in the last 3 months of a fiscal year, the
processor may repledge the sugar as collateral for a second
loan in the subsequent fiscal year, except that the second
loan shall--
(A) be made at the loan rate in effect at the time the
second loan is made; and
(B) mature in 9 months less the quantity of time that the
first loan was in effect.
(d) Loan Type; Processor Assurances.--
(1) Recourse loans.--Subject to paragraph (2), the
Secretary shall carry out this section through the use of
recourse loans.
(2) Nonrecourse loans.--During any fiscal year in which the
tariff rate quota for imports of sugar into the United States
is established at, or is increased to, a level in excess of
1,500,000 short tons raw value, the Secretary shall carry out
this section by making available nonrecourse loans. Any
recourse loan previously made available by the Secretary
under this section during the fiscal year shall be changed by
the Secretary into a nonrecourse loan.
(3) Processor assurances.--If the Secretary is required
under paragraph (2) to make nonrecourse loans available
during a fiscal year or to change recourse loans into
nonrecourse loans, the Secretary shall obtain from each
processor that receives a loan under this section such
assurances as the Secretary considers adequate to ensure that
the processor will provide payments to producers that are
proportional to the value of
[[Page 382]]
the loan received by the processor for sugar beets and
sugarcane delivered by producers served by the processor. The
Secretary may establish appropriate minimum payments for
purposes of this paragraph.
(e) Marketing Assessment.--
(1) Sugarcane.--Effective for marketings of raw cane sugar
during the 1996 through 2003 fiscal years, the first
processor of sugarcane shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996, 1.1
percent of the loan rate established under subsection (a) per
pound of raw cane sugar, processed by the processor from
domestically produced sugarcane or sugarcane molasses, that
has been marketed (including the transfer or delivery of the
sugar to a refinery for further processing or marketing); and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.375 percent of the loan rate established
under subsection (a) per pound of raw cane sugar, processed
by the processor from domestically produced sugarcane or
sugarcane molasses, that has been marketed (including the
transfer or delivery of the sugar to a refinery for further
processing or marketing).
(2) Sugar beets.--Effective for marketings of beet sugar
during the 1996 through 2003 fiscal years, the first
processor of sugar beets shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996,
1.1794 percent of the loan rate established under subsection
(a) per pound of beet sugar, processed by the processor from
domestically produced sugar beets or sugar beet molasses,
that has been marketed; and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.47425 percent of the loan rate
established under subsection (a) per pound of beet sugar,
processed by the processor from domestically produced sugar
beets or sugar beet molasses, that has been marketed.
(3) Collection.--
(A) Timing.--A marketing assessment required under this
subsection shall be collected on a monthly basis and shall be
remitted to the Commodity Credit Corporation not later than
30 days after the end of each month. Any cane sugar or beet
sugar processed during a fiscal year that has not been
marketed by September 30 of the year shall be subject to
assessment on that date. The sugar shall not be subject to a
second assessment at the time that it is marketed.
(B) Manner.--Subject to subparagraph (A), marketing
assessments shall be collected under this subsection in the
manner prescribed by the Secretary and shall be
nonrefundable.
(4) Penalties.--If any person fails to remit the assessment
required by this subsection or fails to comply with such
requirements for recordkeeping or otherwise as are required
by the Secretary to carry out this subsection, the person
shall be liable to the Secretary for a civil penalty up to an
amount determined by multiplying--
(A) the quantity of cane sugar or beet sugar involved in
the violation; by
(B) the loan rate for the applicable crop of sugarcane or
sugar beets.
(5) Enforcement.--The Secretary may enforce this subsection
in a court of the United States.
(f) Forfeiture Penalty.--
(1) In general.--A penalty shall be assessed on the
forfeiture of any sugar pledged as collateral for a
nonrecourse loan under this section.
(2) Cane sugar.--The penalty for cane sugar shall be 1 cent
per pound.
(3) Beet sugar.--The penalty for beet sugar shall bear the
same relation to the penalty for cane sugar as the marketing
assessment for sugar beets bears to the marketing assessment
for sugarcane.
(4) Effect of forfeiture.--Any payments owed producers by a
processor that forfeits of any sugar pledged as collateral
for a nonrecourse loan shall be reduced in proportion to the
loan forfeiture penalty incurred by the processor.
(g) Information Reporting.--
(1) Duty of processors and refiners to report.--A sugarcane
processor, cane sugar refiner, and sugar beet processor shall
furnish the Secretary, on a monthly basis, such information
as the Secretary may require to administer sugar programs,
including the quantity of purchases of sugarcane, sugar
beets, and sugar, and production, importation, distribution,
and stock levels of sugar.
(2) Penalty.--Any person willfully failing or refusing to
furnish the information, or furnishing willfully any false
information, shall be subject to a civil penalty of not more
than $10,000 for each such violation.
(3) Monthly reports.--Taking into consideration the
information received under paragraph (1), the Secretary shall
publish on a monthly basis composite data on production,
imports, distribution, and stock levels of sugar.
(h) Crops.--This section shall be effective only for the
1996 through 2002 crops of sugar beets and sugarcane.
SEC. 108. ADMINISTRATION.
(a) Commodity Credit Corporation.--
(1) Use of corporation.--The Secretary shall carry out this
title through the Commodity Credit Corporation.
(2) Salaries and expenses.--No funds of the Corporation
shall be used for any salary or expense of any officer or
employee of the Department of Agriculture.
(b) Determinations by Secretary.--A determination made by
the Secretary under this title or the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1281 et seq.) shall be final and
conclusive.
(c) Regulations.--The Secretary may issue such regulations
as the Secretary determines necessary to carry out this
title.
SEC. 109. SUSPENSION AND REPEAL OF PERMANENT AUTHORITIES.
(a) Agricultural Adjustment Act of 1938.--
(1) In general.--The following provisions of the
Agricultural Adjustment Act of 1938 shall not be applicable
to the 1996 through 2002 crops:
(A) Parts II through V of subtitle B of title III (7 U.S.C.
1326-1351).
(B) Subsections (a) through (j) of section 358 (7 U.S.C.
1358).
(C) Subsections (a) through (h) of section 358a (7 U.S.C.
1358a).
(D) Subsections (a), (b), (d), and (e) of section 358d (7
U.S.C. 1359).
(E) Part VII of subtitle B of title III (7 U.S.C. 1359aa-
1359jj).
(F) In the case of peanuts, part I of subtitle C of title
III (7 U.S.C. 1361-1368).
(G) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(H) Subtitle D of title III (7 U.S.C. 1379a-1379j).
(I) Title IV (7 U.S.C. 1401-1407).
(2) Reports and records.--Effective only for the 1996
through 2002 crops of peanuts, the first sentence of section
373(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1373(a)) is amended by inserting before ``all brokers and
dealers in peanuts'' the following: ``all producers engaged
in the production of peanuts,''.
(b) Agricultural Act of 1949.--
(1) Suspensions.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 1996
through 2002 crops:
(A) Section 101 (7 U.S.C. 1441).
(B) Section 103(a) (7 U.S.C. 1444(a)).
(C) Section 105 (7 U.S.C. 1444b).
(D) Section 107 (7 U.S.C. 1445a).
(E) Section 110 (7 U.S.C. 1445e).
(F) Section 112 (7 U.S.C. 1445g).
(G) Section 115 (7 U.S.C. 1445k).
(H) Title III (7 U.S.C. 1447-1449).
(I) Title IV (7 U.S.C. 1421-1433d), other than sections
404, 406, 412, 416, and 427 (7 U.S.C. 1424, 1426, 1429, 1431,
and 1433f).
(J) Title V (7 U.S.C. 1461-1469).
(K) Title VI (7 U.S.C. 1471-1471j).
(2) Repeals.--The following provisions of the Agricultural
Act of 1949 are repealed:
(A) Section 103B (7 U.S.C. 1444-2).
(B) Section 108B (7 U.S.C. 1445c-3).
(C) Section 113 (7 U.S.C. 1445h).
(D) Section 114(b) (7 U.S.C. 1445j(b)).
(E) Sections 205, 206, and 207 (7 U.S.C. 1446f, 1446g, and
1446h).
(F) Section 406 (7 U.S.C. 1426).
(c) Suspension of Certain Quota Provisions.--The joint
resolution entitled ``A joint resolution relating to corn and
wheat marketing quotas under the Agricultural Adjustment Act
of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330
and 1340), shall not be applicable to the crops of wheat
planted for harvest in the calendar years 1996 through 2002.
SEC. 110. EFFECT OF AMENDMENTS.
(a) Effect on Prior Crops.--Except as otherwise
specifically provided and notwithstanding any other provision
of law, this title and the amendments made by this title
shall not affect the authority of the Secretary to carry out
a price support or production adjustment program for any of
the 1991 through 1995 crops of an agricultural commodity
established under a provision of law in effect immediately
before the date of the enactment of this Act.
(b) Liability.--A provision of this title or an amendment
made by this title shall not affect the liability of any
person under any provision of law as in effect before the
date of the enactment of this Act.
SEC. 111. DAIRY.
Subsection (h) of section 204 of the Agricultural Act of
1949 (7 U.S.C. 1446e) is amended to read as follows:
``(h) Residual Authority for Refund of Budget Deficit
Assessments.--
``(1) Application of subsection.--This subsection shall
apply with respect to the reductions made under this
subsection, as in effect on the day before the date of the
enactment of the Agricultural Market Transition Act, in the
price of milk received by producers during the period
beginning on January 1, 1996, and ending on the date of the
enactment of such Act.
``(2) Refund required.--The Secretary shall provide a
refund of the entire reduction made under this subsection, as
in effect on the day before the date of the enactment of the
Agricultural Market Transition Act, in the price of milk
received by a producer during the period referred to in
paragraph (1) if the producer provides evidence that the
producer did not increase marketings in calendar year 1996
when compared to calendar year 1995.
``(3) Treatment of refunds.--A refund under this subsection
shall not be considered as any type of price support or
payment for purposes of sections 1211 and 1221 of the Food
Security Act of 1985 (16 U.S.C. 3811, 3821).''.
TITLE II--AGRICULTURAL TRADE
Subtitle A--Market Promotion Program and Export Enhancement Program
SEC. 201. MARKET PROMOTION PROGRAM.
Effective as of October 1, 1995, section 211(c)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)) is
amended--
(1) by striking ``and'' after ``1991 through 1993,''; and
[[Page 383]]
(2) by striking ``through 1997,'' and inserting ``through
1995, and not more than $100,000,000 for each of fiscal years
1996 through 2002,''.
SEC. 202. EXPORT ENHANCEMENT PROGRAM.
Effective as of October 1, 1995, section 301(e)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5651(e)(1)) is
amended to read as follows:
``(1) In general.--The Commodity Credit Corporation shall
make available to carry out the program established under
this section not more than--
``(A) $350,000,000 for fiscal year 1996;
``(B) $350,000,000 for fiscal year 1997;
``(C) $500,000,000 for fiscal year 1998;
``(D) $550,000,000 for fiscal year 1999;
``(E) $579,000,000 for fiscal year 2000;
``(F) $478,000,000 for fiscal year 2001; and
``(G) $478,000,000 for fiscal year 2002.''.
Subtitle B--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
SEC. 211. FOOD AID TO DEVELOPING COUNTRIES.
(a) In General.--Section 3 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691a) is
amended to read as follows:
``SEC. 3. FOOD AID TO DEVELOPING COUNTRIES.
``(a) Policy.--In light of the Uruguay Round Agreement on
Agriculture and the Ministerial Decision on Measures
Concerning the Possible Negative Effects of the Reform
Program on Least-Developed and Net-Food Importing Developing
Countries, the United States reaffirms the commitment of the
United States to providing food aid to developing countries.
``(b) Sense of congress.--It is the sense of Congress
that--
``(1) the President should initiate consultations with
other donor nations to consider appropriate levels of food
aid commitments to meet the legitimate needs of developing
countries;
``(2) the United States should increase its contribution of
bona fide food assistance to developing countries consistent
with the Agreement on Agriculture.''.
(b) Conforming Amendment.--Section 411 of the Uruguay Round
Agreements Act (19 U.S.C. 3611) is amended by striking
subsection (e).
SEC. 212. TRADE AND DEVELOPMENT ASSISTANCE.
Section 101 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701) is amended--
(1) by striking ``developing countries'' each place it
appears and inserting ``developing countries and private
entities''; and
(2) in subsection (b), by inserting ``and entities'' before
the period at the end.
SEC. 213. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE
ENTITIES.
Section 102 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1702) is amended to read as
follows:
``SEC. 102. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND
PRIVATE ENTITIES.
``(a) Priority.--In selecting agreements to be entered into
under this title, the Secretary shall give priority to
agreements providing for the export of agricultural
commodities to developing countries that--
``(1) have the demonstrated potential to become commercial
markets for competitively priced United States agricultural
commodities;
``(2) are undertaking measures for economic development
purposes to improve food security and agricultural
development, alleviate poverty, and promote broad-based
equitable and sustainable development; and
``(3) demonstrate the greatest need for food.
``(b) Private Entities.--An agreement entered into under
this title with a private entity shall require such security,
or such other provisions as the Secretary determines
necessary, to provide reasonable and adequate assurance of
repayment of the financing extended to the private entity.
``(c) Agricultural Market Development Plan.--
``(1) Definition of agricultural trade organization.--In
this subsection, the term `agricultural trade organization'
means a United States agricultural trade organization that
promotes the export and sale of a United States agricultural
commodity and that does not stand to profit directly from the
specific sale of the commodity.
``(2) an.--The Secretary shall consider a developing
country for which an agricultural market development plan has
been approved under this subsection to have the demonstrated
potential to become a commercial market for competitively
priced United States agricultural commodities for the purpose
of granting a priority under subsection (a).
``(3) Requirements.--
`(A) In general.--To be approved by the Secretary, an
agricultural market development plan shall--
``(i) be submitted by a developing country or private
entity, in conjunction with an agricultural trade
organization;
``(ii) describe a project or program for the development
and expansion of a United States agricultural commodity
market in a developing country, and the economic development
of the country, using funds derived from the sale of
agricultural commodities received under an agreement
described in section 101;
``(iii) provide for any matching funds that are required by
the Secretary for the project or program;
``(iv) provide for a results-oriented means of measuring
the success of the project or program; and
``(v) provide for graduation to the use of non-Federal
funds to carry out the project or program, consistent with
requirements established by the Secretary.
``(B) Agricultural trade organization.--The project or
program shall be designed and carried out by the agricultural
trade organization.
``(C) Additional requirements.--An agricultural market
development plan shall contain such additional requirements
as are determined necessary by the Secretary.
``(4) Administrative costs.--
``(A) In general.--The Secretary shall make funds made
available to carry out this title available for the
reimbursement of administrative expenses incurred by
agricultural trade organizations in developing, implementing,
and administering agricultural market development plans,
subject to such requirements and in such amounts as the
Secretary considers appropriate.
``(B) Duration.--The funds shall be made available to
agricultural trade organizations for the duration of the
applicable agricultural market development plan.
``(C) Termination.--The Secretary may terminate assistance
made available under this subsection if the agricultural
trade organization is not carrying out the approved
agricultural market development plan.''.
SEC. 214. TERMS AND CONDITIONS OF SALES.
Section 103 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1703) is amended--
(1) in subsection (a)(2)(A)--
(A) by striking ``a recipient country to make''; and
(B) by striking ``such country'' and inserting ``the
appropriate country'';
(2) in subsection (c), by striking ``less than 10 nor'';
and
(3) in subsection (d)--
(A) by striking ``recipient country'' and inserting
``developing country or private entity''; and
(B) by striking ``7'' and inserting ``5''.
SEC. 215. USE OF LOCAL CURRENCY PAYMENT.
Section 104 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1704) is amended--
(1) in subsection (a), by striking ``recipient country''
and inserting ``developing country or private entity''; and
(2) in subsection (c)--
(A) by striking ``recipient country'' each place it appears
and inserting ``appropriate developing country''; and
(B) in paragraph (3), by striking ``recipient countries''
and inserting ``appropriate developing countries''.
SEC. 216. ELIGIBLE ORGANIZATIONS.
Section 202 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1722) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Nonemergency Assistance.--
``(1) In general.--The Administrator may provide
agricultural commodities for nonemergency assistance under
this title through eligible organizations (as described in
subsection (d)) that have entered into an agreement with the
Administrator to use the commodities in accordance with this
title.
``(2) Limitation.--The Administrator may not deny a request
for funds or commodities submitted under this subsection
because the program for which the funds or commodities are
requested--
``(A) would be carried out by the eligible organization in
a foreign country in which the Agency for International
Development does not have a mission, office, or other
presence; or
``(B) is not part of a development plan for the country
prepared by the Agency.''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Private
Voluntary Organizations and Cooperatives'' and inserting
``Eligible Organizations'';
(B) in paragraph (1)--
(i) by striking ``$13,500,000'' and inserting
``$28,000,000''; and
(ii) by striking ``private voluntary organizations and
cooperatives to assist such organizations and cooperatives''
and inserting ``eligible organizations described in
subsection (d), to assist the organizations'';
(C) in paragraph (3), by striking ``a private voluntary
organization or cooperative, the Administrator may provide
assistance to that organization or cooperative'' and
inserting ``an eligible organization, the Administrator may
provide assistance to the eligible organization''.
SEC. 217. GENERATION AND USE OF FOREIGN CURRENCIES.
Section 203 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``, or in a country in
the same region,'' after ``in the recipient country'';
(2) in subsection (b)--
(A) by inserting ``or in countries in the same region,''
after ``in recipient countries,''; and
(B) by striking ``10 percent'' and inserting ``15
percent'';
(3) in subsection (c), by inserting ``or in a country in
the same region,'' after ``in the recipient country,''; and
(4) in subsection (d)(2), by inserting ``or within a
country in the same region'' after ``within the recipient
country''.
SEC. 218. GENERAL LEVELS OF ASSISTANCE UNDER PUBLIC LAW 480.
Section 204(a) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724(a)) is amended--
[[Page 384]]
(1) in paragraph (1), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 2,025,000 metric tons.'';
(2) in paragraph (2), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 1,550,000 metric tons.''; and
(3) in paragraph (3), by adding at the end the following:
``No waiver shall be made before the beginning of the
applicable fiscal year.''.
SEC. 219. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1725) is amended--
(1) in subsection (a), by striking ``private voluntary
organizations, cooperatives and indigenous non-governmental
organizations'' and inserting ``eligible organizations
described in section 202(d)(1)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``for International
Affairs and Commodity Programs'' and inserting ``of
Agriculture for Farm and Foreign Agricultural Services'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) representatives from agricultural producer groups in
the United States.'';
(3) in the second sentence of subsection (d), by inserting
``(but at least twice per year)'' after ``when appropriate'';
and
(4) in subsection (f), by striking ``1995'' and inserting
``2002''.
SEC. 220. SUPPORT OF NONGOVERNMENTAL ORGANIZATIONS.
(a) In General.--Section 306(b) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1727e(b)) is
amended--
(1) in the subsection heading, by striking ``Indigenous
Non-Governmental'' and inserting ``Nongovernmental''; and
(2) by striking ``utilization of indigenous'' and inserting
``utilization of''.
(b) Conforming Amendment.--Section 402 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1732)
is amended by striking paragraph (6) and inserting the
following:
``(6) Nongovernmental organization.--The term
`nongovernmental organization' means an organization that
works at the local level to solve development problems in a
foreign country in which the organization is located, except
that the term does not include an organization that is
primarily an agency or instrumentality of the government of
the foreign country.''.
SEC. 221. COMMODITY DETERMINATIONS.
Section 401 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731) is amended--
(1) by striking subsections (a) through (d) and inserting
the following:
``(a) Availability of Commodities.--No agricultural
commodity shall be available for disposition under this Act
if the Secretary determines that the disposition would reduce
the domestic supply of the commodity below the supply needed
to meet domestic requirements and provide adequate carryover
(as determined by the Secretary), unless the Secretary
determines that some part of the supply should be used to
carry out urgent humanitarian purposes under this Act.'';
(2) by redesignating subsections (e) and (f) as subsections
(b) and (c), respectively; and
(3) in subsection (c) (as so redesignated), by striking
``(e)(1)'' and inserting ``(b)(1)''.
SEC. 222. GENERAL PROVISIONS.
Section 403 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1733) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Consultations'' and inserting ``Impact on Local Farmers and
Economy''; and
(B) by striking ``consult with'' and all that follows
through ``other donor organizations to'';
(2) in subsection (c)--
(A) by striking ``from countries''; and
(B) by striking ``for use'' and inserting ``or use'';
(3) in subsection (f)--
(A) by inserting ``or private entities, as appropriate,''
after ``from countries''; and
(B) by inserting ``or private entities'' after ``such
countries''; and
(4) in subsection (i)(2), by striking subparagraph (C).
SEC. 223. AGREEMENTS.
Section 404 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1734) is amended--
(1) in subsection (a), by inserting ``with foreign
countries'' after ``Before entering into agreements'';
(2) in subsection (b)(2)--
(A) by inserting ``with foreign countries'' after ``with
respect to agreements entered into''; and
(B) by inserting before the semicolon at the end the
following: ``and broad-based economic growth''; and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--Agreements to provide assistance on a
multi-year basis to recipient countries or to eligible
organizations--
``(A) may be made available under titles I and III; and
``(B) shall be made available under title II.''.
SEC. 224. ADMINISTRATIVE PROVISIONS.
Section 407 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a) is amended--
(1) in subsection (a)--
(A) in paragraph(1), by inserting ``or private entity that
enters into an agreement under title I'' after ``importing
country''; and
(B) in paragraph (2), by adding at the end the following:
``Resulting contracts may contain such terms and conditions
as the Secretary determines are necessary and appropriate.'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``importer or''
before ``importing country''; and
(B) in paragraph (2)(A), by inserting ``importer or''
before ``importing country'';
(3) in subsection (d)--
(A) by striking paragraph (2) and inserting the following:
``(2) Freight procurement.--Notwithstanding the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) or other similar provisions of law relating to
the making or performance of Federal Government contracts,
ocean transportation under titles II and III may be procured
on the basis of such full and open competitive procedures.
Resulting contracts may contain such terms and conditions, as
the Administrator determines are necessary and
appropriate.''; and
(B) by striking paragraph (4);
(4) in subsection (g)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) an assessment of the progress towards achieving food
security in each country receiving food assistance from the
United States Government, with special emphasis on the
nutritional status of the poorest populations in each
country.''; and
(5) by striking subsection (h).
SEC. 225. EXPIRATION DATE.
Section 408 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by
striking ``1995'' and inserting ``2002''.
SEC. 226. REGULATIONS.
Section 409 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736c) is repealed.
SEC. 227. INDEPENDENT EVALUATION OF PROGRAMS.
Section 410 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736d) is repealed.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f) is
amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer of Funds.--Notwithstanding any other
provision of law, the President may direct that--
``(1) up to 15 percent of the funds available for any
fiscal year for carrying out title I or III of this Act be
used to carry out any other title of this Act; and
``(2) up to 100 percent of funds available for title III be
used to carry out title II.''; and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Relation to Other Waiver.--Section 204(a)(3) of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1724(a)(3)) is amended by inserting ``all authority to
transfer from title I under section 412 has been exercised
with respect to that fiscal year and'' after ``any fiscal
year if''.
SEC. 229. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.
Section 413 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736g) is amended by
inserting ``title III of'' before ``this Act'' each place it
appears.
SEC. 230. USE OF CERTAIN LOCAL CURRENCY.
Title IV of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731 et seq.) (as amended by
section 222) is further amended by adding at the end the
following:
``SEC. 416. USE OF CERTAIN LOCAL CURRENCY.
``Local currency payments received by the United States
pursuant to agreements entered into under title I (as in
effect on November 27, 1990) may be utilized by the Secretary
in accordance with section 108 (as in effect on November 27,
1990).''.
SEC. 231. LEVEL OF ASSISTANCE TO FARMER TO FARMER PROGRAM.
Section 501(c) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737(c)) is amended--
(1) by striking ``0.2'' and inserting ``0.4'';
(2) by striking ``0.1'' and inserting ``0.2''; and
(3) by striking ``1991 through 1995'' and inserting ``1996
through 2002''.
SEC. 232. FOOD SECURITY COMMODITY RESERVE.
(a) Food Security Commodity Reserve Act of 1995.--The title
heading of title III of the Agricultural Act of 1980 (7
U.S.C. 1736f-1 note) is amended by striking ``FOOD SECURITY
WHEAT RESERVE ACT OF 1980'' and inserting ``FOOD SECURITY
COMMODITY RESERVE ACT OF 1995''.
(b) Short Title.--Section 301 of the Act (7 U.S.C. 1736f-1
note) is amended by striking ``Food Security Wheat Reserve
Act of 1980'' and inserting ``Food Security Commodity Reserve
Act of 1995''.
(c) In General.--Section 302 of the Act (7 U.S.C. 1736f-1)
is amended--
(1) in the section heading, by striking ``FOOD SECURITY
WHEAT RESERVE'' and inserting ``FOOD SECURITY COMMODITY
RESERVE'';
[[Page 385]]
(2) so that subsection (a) reads as follows:
``(a) In General.--To provide for a reserve solely to meet
emergency humanitarian food needs in developing countries,
the Secretary shall establish a reserve stock of wheat, rice,
corn, or sorghum, or any combination of the commodities,
totaling not more than 4,000,000 metric tons for use as
described in subsection (c).'';
(3) so that subsection (b)(1) reads as follows:
``(b) Commodities in Reserve.--
``(1) In general.--The reserve established under this
section shall consist of--
``(A) wheat in the reserve established under the Food
Security Commodity Reserve Act of 1980 as of the date of
enactment of the Food For Peace Reauthorization Act of 1995;
``(B) wheat, rice, corn, and sorghum (referred to in this
section as `eligible commodities') acquired in accordance
with paragraph (2) to replenish eligible commodities released
from the reserve, including wheat to replenish wheat released
from the reserve established under the Food Security Wheat
Reserve Act of 1980 but not replenished as of the date of
enactment of the Food For Peace Reauthorization Act of 1995;
and
``(C) such rice, corn, and sorghum as the Secretary of
Agriculture (referred to in this section as the `Secretary')
may, at such time and in such manner as the Secretary
determines appropriate, acquire as a result of exchanging an
equivalent value of wheat in the reserve established under
this section.'';
(4) in subsection (b)(2)--
(A) by striking ``(2)(A) Subject to'' and inserting the
following:
``(2) Replenishment of reserve.--
``(A) In general.--Subject to'';
(B) in subparagraph (A)--
(i) by striking ``(i) of this section stocks of wheat'' and
inserting ``(i) stocks of eligible commodities'';
(ii) in clause (ii), by striking ``stocks of wheat'' and
inserting ``stocks of eligible commodities''; and
(iii) in the second sentence, by striking ``wheat'' and
inserting ``eligible commodities''; and
(C) in subparagraph (B)--
(i) by striking ``(B) Not later'' and inserting ``(B) Time
for replenishment of reserve.--Not later''; and
(ii) in clause (ii), by striking ``wheat'' and inserting
``eligible commodities'';
(5) so that subsections (c) through (f) read as follows:
``(c) Release of Eligible Commodities.--
``(1) Determination.--If the Secretary determines that the
amount of commodities allocated for minimum assistance under
section 204(a)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724(a)(1)) less the amount
of commodities allocated for minimum non-emergency assistance
under section 204(a)(2) of the Act (7 U.S.C. 1724(a)(2)) will
be insufficient to meet the need for commodities for
emergency assistance under section 202(a) of the Act (7
U.S.C. 1722(a)), the Secretary in any fiscal year may release
from the reserve--
``(A) up to 500,000 metric tons of wheat or the equivalent
value of eligible commodities other than wheat; and
``(B) any eligible commodities which under subparagraph (A)
could have been released but were not released in prior
fiscal years.
``(2) Availability of commodities.--Commodities released
under paragraph (1) shall be made available under title II of
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1721 et seq.) for emergency assistance.
``(3) Exchange.--The Secretary may exchange an eligible
commodity for another United States commodity of equal value,
including powdered milk, pulses, and vegetable oil.
``(4) Use of normal commercial practices.--To the maximum
extend practicable consistent with the fulfillment of the
purposes of this section and the effective and efficient
administration of this section, the Secretary shall use the
usual and customary channels, facilities, arrangements, and
practices of the trade and commerce.
``(5) Waiver of minimum tonnage requirements.--Nothing in
this subsection shall require the exercise of the waiver
under section 204(a)(3) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) as a
prerequisite for the release of eligible commodities under
this subsection.
``(d) Transportation and Handling Costs.--
``(1) In general.--The cost of transportation and handling
of eligible commodities released from the reserve established
under this section shall be paid by the Commodity Credit
Corporation in accordance with section 406 of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1736).
``(2) Reimbursement.--
``(A) In general.--The Commodity Credit Corporation shall
be reimbursed for the costs incurred under paragraph (1) from
the funds made available to carry out the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.).
``(B) Basis for reimbursement.--The reimbursement shall be
made on the basis of the lesser of the actual cost incurred
by the Commodity Credit Corporation less any savings achieved
as a result of decreased storage and handling costs for the
reserve.
``(C) Decreased storage and handling costs.--For purposes
of this subsection, `decreased storage and handling costs'
shall mean the total actual costs for storage and handling
incurred by the Commodity Credit Corporation for the reserve
established under title III of the Agricultural Act of 1980
in fiscal year 1995 less the total actual costs for storage
and handling incurred by the Corporation for the reserve
established under this Act in the fiscal year for which the
savings are calculated.
``(e) Management of Reserve.--The Secretary shall provide
for--
``(1) the management of eligible commodities in the reserve
as to location and quality of commodities needed to meet
emergency situations; and
``(2) the periodic rotation of eligible commodities in the
reserve to avoid spoilage and deterioration of such stocks.
``(f) Treatment of Reserve Under Other Law.--Eligible
commodities in the reserve established under this section
shall not be--
``(1) considered a part of the total domestic supply
(including carryover) for the purpose of administering the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.); and
``(2) subject to any quantitative limitation on exports
that may be imposed under section 7 of the Export
Administration Act of 1979 (50 U.S.C. App. 2406).'';
(6) in subsection (g)--
(A) by striking ``(g)(1) The'' and inserting the following:
``(g) Use of Commodity Credit Corporation.--The'';
(B) by striking ``wheat'' and inserting ``an eligible
commodity''; and
(C) by striking paragraph (2);
(7) in subsection (h)--
(A) by striking ``(h) Any'' and inserting:
``(h) Finality of Determination.--Any''; and
(B) by striking ``President or the Secretary of
Agriculture'' and inserting ``Secretary''; and
(8) in subsection (i)--
(A) by striking ``(i) The'' and inserting:
``(i) Termination of Authority.--The'';
(B) by striking ``wheat'' each place it appears and
inserting ``eligible commodities''; and
(C) by striking ``1995'' each place it appears and
inserting ``2002''.
(d) Effective Date.--Section 303 of the Act (7 U.S.C. 1736-
1 note) is amended by striking ``October 1, 1980'' and all
that follows through the end of the section and inserting
``on the date of enactment of this Act.''.
(e) Conforming Amendment.--Section 208(d)(2) of the
Agriculture Trade Suspension Adjustment Act of 1980 (7 U.S.C.
4001(d)(2)) is amended to read as follows:
``(2) Applicability of certain provisions.--Subsections
(b)(2), (c), (e), and (f) of section 302 of the Food Security
Commodity Reserve Act of 1995 shall apply to commodities in
any reserve established under paragraph (1), except that the
references to `eligible commodities' in the subsections shall
be deemed to be references to `agricultural commodities'.''.
SEC. 233. FOOD FOR PROGRESS PROGRAM.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1)'' and inserting ``(b)''; and
(ii) in the first sentence, by inserting
``intergovernmental organizations'' after ``cooperatives'';
and
(B) by striking paragraph (2);
(2) in subsection (e)(4), by striking ``203'' and inserting
``406'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``in the case of the
independent states of the former Soviet Union,'';
(B) by striking paragraph (2);
(C) in paragraph (4), by inserting ``in each of fiscal
years 1996 through 2002'' after ``may be used''; and
(D) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(4) in subsection (g), by striking ``1995'' and inserting
``2002'';
(5) in subsection (j), by striking ``shall'' and inserting
``may'';
(6) in subsection (k), by striking ``1995'' and inserting
``2002'';
(7) in subsection (l)(1)--
(A) by striking ``1991 through 1995'' and inserting ``1996
through 2002''; and
(B) by inserting ``, and to provide technical assistance
for monetization programs,'' after ``monitoring of food
assistance programs''; and
(8) in subsection (m)--
(A) by striking ``with respect to the independent states of
the former Soviet Union'';
(B) by striking ``private voluntary organizations and
cooperatives'' each place it appears and inserting
``agricultural trade organizations, intergovernmental
organizations, private voluntary organizations, and
cooperatives''; and
(C) in paragraph (2), by striking ``in the independent
states''.
Subtitle C--Amendments to Agricultural Trade Act of 1978
SEC. 251. AGRICULTURAL EXPORT PROMOTION STRATEGY.
(a) In General.--Section 103 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5603) is amended to read as follows:
``SEC. 103. AGRICULTURAL EXPORT PROMOTION STRATEGY.
``(a) In General.--The Secretary shall develop a strategy
for implementing Federal agricultural export promotion
programs that takes into account the new market opportunities
for agricultural products, including opportunities that
result from--
[[Page 386]]
``(1) the North American Free Trade Agreement and the
Uruguay Round Agreements;
``(2) any accession to membership in the World Trade
Organization;
``(3) the continued economic growth in the Pacific Rim; and
``(4) other developments.
``(b) Purpose of Strategy.--The strategy developed under
subsection (a) shall encourage the maintenance, development,
and expansion of export markets for United States
agricultural commodities and related products, including
high-value and value-added products.
``(c) Goals of Strategy.--The strategy developed under
subsection (a) shall have the following goals:
``(1) By September 30, 2002, increasing the value of annual
United States agricultural exports to $60,000,000,000.
``(2) By September 30, 2002, increasing the United States
share of world export trade in agricultural products
significantly above the average United States share from 1993
through 1995.
``(3) By September 30, 2002, increasing the United States
share of world trade in high-value agricultural products to
20 percent.
``(4) Ensuring that the value of United States exports of
agricultural products increases at a faster rate than the
rate of increase in the value of overall world export trade
in agricultural products.
``(5) Ensuring that the value of United States exports of
high-value agricultural products increases at a faster rate
than the rate of increase in overall world export trade in
high-value agricultural products.
``(6) Ensuring to the extent practicable that--
``(A) substantially all obligations undertaken in the
Uruguay Round Agreement on Agriculture that provide
significantly increased access for United States agricultural
commodities are implemented to the extent required by the
Uruguay Round Agreements; or
``(B) applicable United States trade laws are used to
secure United States rights under the Uruguay Round Agreement
on Agriculture.
``(d) Priority Markets.--
``(1) Identification of markets.--In developing the
strategy required under subsection (a), the Secretary shall
identify as priority markets--
``(A) those markets in which imports of agricultural
products show the greatest potential for increase by
September 30, 2002; and
``(B) those markets in which, with the assistance of
Federal export promotion programs, exports of United States
agricultural products show the greatest potential for
increase by September 30, 2002.
``(2) Identification of supporting offices.--The President
shall identify annually in the budget of the United States
Government submitted under section 1105 of title 31, United
States Code, each overseas office of the Foreign Agricultural
Service that provides assistance to United States exporters
in each of the priority markets identified under paragraph
(1).
``(e) Report.--Not later than December 31, 2001, the
Secretary shall prepare and submit a report to Congress
assessing progress in meeting the goals established by
subsection (c).
``(f) Failure To Meet Goals.--Notwithstanding any other
law, if the Secretary determines that more than 2 of the
goals established by subsection (c) are not met by September
30, 2002, the Secretary may not carry out agricultural trade
programs under the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.) as of that date.
``(g) No Private Right of Action.--This section shall not
create any private right of action.''.
(b) Continuation of Funding.--
(1) In general.--If the Secretary of Agriculture makes a
determination under section 103(f) of the Agricultural Trade
Act of 1978 (as amended by subsection (a)), the Secretary
shall utilize funds of the Commodity Credit Corporation to
promote United States agricultural exports in a manner
consistent with the Commodity Credit Corporation Charter Act
(15 U.S.C. 714 et seq.) and obligations pursuant to the
Uruguay Round Agreements.
(2) Funding.--The amount of Commodity Credit Corporation
funds used to carry out paragraph (1) during a fiscal year
shall not exceed the total outlays for agricultural trade
programs under the Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.) during fiscal year 2002.
(c) Elimination of Report.--
(1) In general.--Section 601 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5711) is repealed.
(2) Conforming amendment.--The last sentence of section 603
of the Agricultural Trade Act of 1978 (7 U.S.C. 5713) is
amended by striking ``, in a consolidated report,'' and all
that follows through ``section 601'' and inserting ``or in a
consolidated report''.
SEC. 252. EXPORT CREDITS.
(a) Export Credit Guarantee Program.--Section 202 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended--
(1) in subsection (a)--
(A) by striking ``Guarantees.--The'' and inserting the
following: ``Guarantees.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Supplier credits.--In carrying out this section, the
Commodity Credit Corporation may issue guarantees for the
repayment of credit made available for a period of not more
than 180 days by a United States exporter to a buyer in a
foreign country.'';
(2) in subsection (f)--
(A) by striking ``(f) Restrictions.--The'' and inserting
the following:
``(f) Restrictions.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Criteria for determination.--In making the
determination required under paragraph (1) with respect to
credit guarantees under subsection (b) for a country, the
Secretary may consider, in addition to financial,
macroeconomic, and monetary indicators--
``(A) whether an International Monetary Fund standby
agreement, Paris Club rescheduling plan, or other economic
restructuring plan is in place with respect to the country;
``(B) the convertibility of the currency of the country;
``(C) whether the country provides adequate legal
protection for foreign investments;
``(D) whether the country has viable financial markets;
``(E) whether the country provides adequate legal
protection for the private property rights of citizens of the
country; and
``(F) any other factors that are relevant to the ability of
the country to service the debt of the country.'';
(3) by striking subsection (h) and inserting the following:
``(h) United States Agricultural Components.--The Commodity
Credit Corporation shall finance or guarantee under this
section only United States agricultural commodities.'';
(4) in subsection (i)--
(A) by striking ``Institutions.--A financial'' and
inserting the following: ``Institutions.--
``(1) In general.--A financial'';
(B) by striking paragraph (1);
(C) by striking ``(2) is'' and inserting the following:
``(A) is'';
(D) by striking ``(3) is'' and inserting the following:
``(B) is''; and
(E) by adding at the end the following:
``(2) Third country banks.--The Commodity Credit
Corporation may guarantee under subsections (a) and (b) the
repayment of credit made available to finance an export sale
irrespective of whether the obligor is located in the country
to which the export sale is destined.''; and
(5) by striking subsection (k) and inserting the following:
``(k) Processed and High-Value Products.--
``(1) In general.--In issuing export credit guarantees
under this section, the Commodity Credit Corporation shall,
subject to paragraph (2), ensure that not less than 25
percent for each of fiscal years 1996 and 1997, 30 percent
for each of fiscal years 1998 and 1999, and 35 percent for
each of fiscal years 2000, 2001, and 2002, of the total
amount of credit guarantees issued for a fiscal year is
issued to promote the export of processed or high-value
agricultural products and that the balance is issued to
promote the export of bulk or raw agricultural commodities.
``(2) Limitation.--The percentage requirement of paragraph
(1) shall apply for a fiscal year to the extent that a
reduction in the total amount of credit guarantees issued for
the fiscal year is not required to meet the percentage
requirement.''.
(b) Funding Levels.--Section 211(b) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5641(b)) is amended--
(1) by striking paragraph (2);
(2) by redesignating subparagraph (B) of paragraph (1) as
paragraph (2) and indenting the margin of paragraph (2) (as
so redesignated) so as to align with the margin of paragraph
(1); and
(3) by striking paragraph (1) and inserting the following:
``(1) Export credit guarantees.--The Commodity Credit
Corporation shall make available for each of fiscal years
1996 through 2002 not less than $5,500,000,000 in credit
guarantees under subsections (a) and (b) of section 202.''.
(c) Definitions.--Section 102(7) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5602(7)) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) an agricultural commodity or product entirely
produced in the United States; or
``(B) a product of an agricultural commodity--
``(i) 90 percent or more of the agricultural components of
which by weight, excluding packaging and added water, is
entirely produced in the United States; and
``(ii) that the Secretary determines to be a United States
high value agricultural product.''.
(d) Regulations.--Not later than 180 days after the
effective date of this title, the Secretary of Agriculture
shall issue regulations to carry out the amendments made by
this section.
SEC. 253. EXPORT PROGRAM AND FOOD ASSISTANCE TRANSFER
AUTHORITY.
The Secretary of Agriculture shall fully utilize and
aggressively implement the full range of agricultural export
programs authorized in this Act and any other Act, in any
combination, to help United States agriculture maintain and
expand export markets, promote United States agricultural
commodity and product exports, counter subsidized foreign
competition, and capitalize on potential new market
opportunities. Consistent with United States obligations
under GATT, if the Secretary deter
[[Page 387]]
mines that funds available under 1 or more export subsidy
programs cannot be fully or effectively utilized for such
programs, the Secretary may utilize such funds for other
authorized agricultural export and food assistance programs
to achieve the above objectives and to further enhance the
overall global competitiveness of United States agriculture.
Funds so utilized shall be in addition to funds which may
otherwise be authorized or appropriated for such other
agricultural export programs.
SEC. 254. ARRIVAL CERTIFICATION.
Section 401 of the Agricultural Trade Act of 1978 (7 U.S.C.
5662(a)) is amended by striking subsection (a) and inserting
the following:
``(a) Arrival Certification.--With respect to a commodity
provided, or for which financing or a credit guarantee or
other assistance is made available, under a program
authorized in section 201, 202, or 301, the Commodity Credit
Corporation shall require the exporter of the commodity to
maintain records of an official or customary commercial
nature or other documents as the Secretary may require, and
shall allow representatives of the Commodity Credit
Corporation access to the records or documents as needed, to
verify the arrival of the commodity in the country that was
the intended destination of the commodity.''.
SEC. 255. REGULATIONS.
Section 404 of the Agricultural Trade Act of 1978 (7 U.S.C.
5664) is repealed.
SEC. 256. FOREIGN AGRICULTURAL SERVICE.
Section 503 of the Agricultural Trade Act of 1978 (7 U.S.C.
5693) is amended to read as follows:
``SEC. 503. ESTABLISHMENT OF THE FOREIGN AGRICULTURAL
SERVICE.
``The Service shall assist the Secretary in carrying out
the agricultural trade policy and international cooperation
policy of the United States by--
``(1) acquiring information pertaining to agricultural
trade;
``(2) carrying out market promotion and development
activities;
``(3) providing agricultural technical assistance and
training; and
``(4) carrying out the programs authorized under this Act,
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.), and other Acts.''.
SEC. 257. REPORTS.
The first sentence of section 603 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5713) is amended by striking ``The''
and inserting ``Subject to section 217 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6917),
the''.
Subtitle D--Miscellaneous
SEC. 271. REPORTING REQUIREMENTS RELATING TO TOBACCO.
Section 214 of the Tobacco Adjustment Act of 1983 (7 U.S.C.
509) is repealed.
SEC. 272. TRIGGERED EXPORT ENHANCEMENT.
(a) Readjustment of Support Levels.--Section 1302 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-
508; 7 U.S.C. 1421 note) is repealed.
(b) Triggered Marketing Loans and Export Enhancement.--
Section 4301 of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 7 U.S.C. 1446 note) is repealed.
(c) Effective Date.--The amendments made by this section
shall be effective beginning with the 1996 crops of wheat,
feed grains, upland cotton, and rice.
SEC. 273. DISPOSITION OF COMMODITIES TO PREVENT WASTE.
Section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting after the first sentence
the following: ``The Secretary may use funds of the Commodity
Credit Corporation to cover administrative expenses of the
programs.'';
(B) in paragraph (7)(D)(iv), by striking ``one year of
acquisition'' and all that follows and inserting the
following: ``a reasonable length of time, as determined by
the Secretary, except that the Secretary may permit the use
of proceeds in a country other than the country of origin--
``(I) as necessary to expedite the transportation of
commodities and products furnished under this subsection; or
``(II) if the proceeds are generated in a currency
generally accepted in the other country.'';
(C) in paragraph (8), by striking subparagraph (C); and
(D) by striking paragraphs (10), (11), and (12); and
(2) by striking subsection (c).
SEC. 274. DEBT-FOR-HEALTH-AND-PROTECTION SWAP.
(a) In General.--Section 1517 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1706) is
repealed.
(b) Conforming Amendment.--Subsection (e)(3) of the Food
for Progress Act of 1985 (7 U.S.C. 1736o(e)(3)) is amended by
striking ``section 106'' and inserting ``section 103''.
SEC. 275. POLICY ON EXPANSION OF INTERNATIONAL MARKETS.
Section 1207 of the Agriculture and Food Act of 1981 (7
U.S.C. 1736m) is repealed.
SEC. 276. POLICY ON MAINTENANCE AND DEVELOPMENT OF EXPORT
MARKETS.
Section 1121 of the Food Security Act of 1985 (7 U.S.C.
1736p) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b)''; and
(B) by striking paragraphs (1) through (4) and inserting
the following:
``(1) be the premier supplier of agricultural and food
products to world markets and expand exports of high value
products;
``(2) support the principle of free trade and the promotion
of fair trade in agricultural commodities and products;
``(3) cooperate fully in all efforts to negotiate with
foreign countries further reductions in tariff and nontariff
barriers to trade, including sanitary and phytosanitary
measures and trade-distorting subsidies;
``(4) aggressively counter unfair foreign trade practices
as a means of encouraging fairer trade;''.
SEC. 277. POLICY ON TRADE LIBERALIZATION.
Section 1122 of the Food Security Act of 1985 (7 U.S.C.
1736q) is repealed.
SEC. 278. AGRICULTURAL TRADE NEGOTIATIONS.
Section 1123 of the Food Security Act of 1985 (7 U.S.C.
1736r) is amended to read as follows:
``SEC. 1123. TRADE NEGOTIATIONS POLICY.
``(a) Findings.--Congress finds that--
``(1) on a level playing field, United States producers are
the most competitive suppliers of agricultural products in
the world;
``(2) exports of United States agricultural products will
account for $54,000,000,000 in 1995, contributing a net
$24,000,000,000 to the merchandise trade balance of the
United States and supporting approximately 1,000,000 jobs;
``(3) increased agricultural exports are critical to the
future of the farm, rural, and overall United States economy,
but the opportunities for increased agricultural exports are
limited by the unfair subsidies of the competitors of the
United States, and a variety of tariff and nontariff barriers
to highly competitive United States agricultural products;
``(4) international negotiations can play a key role in
breaking down barriers to United States agricultural exports;
``(5) the Uruguay Round Agreement on Agriculture made
significant progress in the attainment of increased market
access opportunities for United States exports of
agricultural products, for the first time--
``(A) restraining foreign trade-distorting domestic support
and export subsidy programs; and
``(B) developing common rules for the application of
sanitary and phytosanitary restrictions;
that should result in increased exports of United States
agricultural products, jobs, and income growth in the United
States;
``(6) the Uruguay Round Agreement on Agriculture did not
succeed in completely eliminating trade distorting domestic
support and export subsidies by--
``(A) allowing the European Union to continue unreasonable
levels of spending on export subsidies; and
``(B) failing to discipline monopolistic state trading
entities, such as the Canadian Wheat Board, that use
nontransparent and discriminatory pricing as a hidden de
facto export subsidy;
``(7) during the period 1996 through 2002, there will be
several opportunities for the United States to negotiate
fairer trade in agricultural products, including further
negotiations under the World Trade Organization, and steps
toward possible free trade agreements of the Americas and
Asian-Pacific Economic Cooperation (APEC); and
``(8) the United States should aggressively use these
opportunities to achieve more open and fair opportunities for
trade in agricultural products.
``(b) Goals of the United States in Agricultural Trade
Negotiations.--The objectives of the United States with
respect to future negotiations on agricultural trade
include--
``(1) increasing opportunities for United States exports of
agricultural products by eliminating tariff and nontariff
barriers to trade;
``(2) leveling the playing field for United States
producers of agricultural products by limiting per unit
domestic production supports to levels that are no greater
than those available in the United States;
``(3) ending the practice of export dumping by eliminating
all trade distorting export subsidies and disciplining state
trading entities so that they do not (except in cases of bona
fide food aid) sell in foreign markets at below domestic
market prices nor their full costs of acquiring and
delivering agricultural products to the foreign markets; and
``(4) encouraging government policies that avoid price-
depressing surpluses.''.
SEC. 279. POLICY ON UNFAIR TRADE PRACTICES.
Section 1164 of the Food Security Act of 1985 (Public Law
99-198; 99 Stat. 1499) is repealed.
SEC. 280. AGRICULTURAL AID AND TRADE MISSIONS.
(a) In General.--The Agricultural Aid and Trade Missions
Act (7 U.S.C. 1736bb et seq.) is repealed.
(b) Conforming Amendment.--Section 7 of Public Law 100-277
(7 U.S.C. 1736bb note) is repealed.
SEC. 281. ANNUAL REPORTS BY AGRICULTURAL ATTACHES.
Section 108(b)(1)(B) of the Agricultural Act of 1954 (7
U.S.C. 1748(b)(1)(B)) is amended by striking ``including
fruits, vegetables, legumes, popcorn, and ducks''.
SEC. 282. WORLD LIVESTOCK MARKET PRICE INFORMATION.
Section 1545 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1761 note) is
repealed.
SEC. 283. ORDERLY LIQUIDATION OF STOCKS.
Sections 201 and 207 of the Agricultural Act of 1956 (7
U.S.C. 1851 and 1857) are repealed.
[[Page 388]]
SEC. 284. SALES OF EXTRA LONG STAPLE COTTON.
Section 202 of the Agricultural Act of 1956 (7 U.S.C. 1852)
is repealed.
SEC. 285. REGULATIONS.
Section 707 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 7 U.S.C. 5621 note) is amended by striking
subsection (d).
SEC. 286. EMERGING MARKETS.
(a) Promotion of Agricultural Exports to Emerging
Markets.--
(1) Emerging markets.--Section 1542 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended--
(A) in the section heading, by striking ``emerging
democracies'' and inserting ``emerging markets'';
(B) by striking ``emerging democracies'' each place it
appears in subsections (b), (d), and (e) and inserting
``emerging markets'';
(C) by striking ``emerging democracy'' each place it
appears in subsection (c) and inserting ``emerging market'';
and
(D) by striking subsection (f) and inserting the following:
``(f) Emerging Market.--In this section and section 1543,
the term `emerging market' means any country that the
Secretary determines--
``(1) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(2) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Funding.--Section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 is amended by striking
subsection (a) and inserting the following:
``(a) Funding.--The Commodity Credit Corporation shall make
available for fiscal years 1996 through 2002 not less than
$1,000,000,000 of direct credits or export credit guarantees
for exports to emerging markets under section 201 or 202 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622),
in addition to the amounts acquired or authorized under
section 211 of the Act (7 U.S.C. 5641) for the program.''.
(3) Agricultural fellowship program.--Section 1542 of the
Food, Agriculture, Conservation, and Trade Act of 1990 is
amended--
(A) in subsection (b), by striking the last sentence and
inserting the following: ``The Commodity Credit Corporation
shall give priority under this subsection to--
``(A) projects that encourage the privatization of the
agricultural sector or that benefit private farms or
cooperatives in emerging markets; and
``(B) projects for which nongovernmental persons agree to
assume a relatively larger share of the costs.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``the Soviet Union'' and inserting ``emerging markets'';
(ii) in paragraph (1)--
(I) in subparagraph (A)(i)--
(aa) by striking ``1995'' and inserting ``2002''; and
(bb) by striking ``those systems, and identify'' and
inserting ``the systems, including potential reductions in
trade barriers, and identify and carry out'';
(II) in subparagraph (B), by striking ``shall'' and
inserting ``may'';
(III) in subparagraph (D), by inserting ``(including the
establishment of extension services)'' after ``technical
assistance'';
(IV) by striking subparagraph (F);
(V) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(VI) in subparagraph (H) (as redesignated by subclause
(V)), by striking ``$10,000,000'' and inserting
``$20,000,000'';
(iii) in paragraph (2)--
(I) by striking ``the Soviet Union'' each place it appears
and inserting ``emerging markets'';
(II) in subparagraph (A), by striking ``a free market food
production and distribution system'' and inserting ``free
market food production and distribution systems'';
(III) in subparagraph (B)--
(aa) in clause (i), by striking ``Government'' and
inserting ``governments'';
(bb) in clause (iii)(II), by striking ``and'' at the end;
(cc) in clause (iii)(III), by striking the period at the
end and inserting ``; and''; and
(dd) by adding at the end of clause (iii) the following:
``(IV) to provide for the exchange of administrators and
faculty members from agricultural and other institutions to
strengthen and revise educational programs in agricultural
economics, agribusiness, and agrarian law, to support change
towards a free market economy in emerging markets.'';
(IV) by striking subparagraph (D); and
by redesignating subparagraph (E) as subparagraph (D); and
(iv) by striking paragraph (3).
(4) United states agricultural commodity.--Subsections (b)
and (c) of section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 are amended by striking
``section 101(6)'' each place it appears and inserting
``section 102(7)''.
(5) Report.--The first sentence of section 1542(e)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by striking ``Not'' and inserting ``Subject to
section 217 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6917), not''.
(b) Agricultural Fellowship Program for Middle Income
Countries, Emerging Democracies, and Emerging Markets.--
Section 1543 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in the section heading, by striking ``middle income
countries and emerging democracies'' and inserting ``middle
income countries, emerging democracies, and emerging
markets'';
(2) in subsection (b), by adding at the end the following:
``(5) Emerging market.--Any emerging market, as defined in
section 1542(f).''; and
(3) in subsection (c)(1), by striking ``food needs'' and
inserting ``food and fiber needs''.
(c) Conforming Amendments.--
(1) Section 501 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(A) in subsection (a), by striking ``emerging democracies''
and inserting ``emerging markets''; and
(B) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Emerging market.--The term `emerging market' means
any country that the Secretary determines--
``(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(B) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Section 201(d)(1)(C)(ii) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(d)(1)(C)(ii)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
(3) Section 202(d)(3)(B) of the Agricultural Trade Act of
1978 (7 U.S.C. 5622(d)(3)(B)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
SEC. 287. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
Part III of subtitle A of title IV of the Uruguay Round
Agreements Act (Public Law 103-465; 108 Stat. 4964) is
amended by adding at the end the following:
``SEC. 427. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
``Not later than September 30 of each fiscal year, the
Secretary of Agriculture shall determine whether the
obligations undertaken by foreign countries under the Uruguay
Round Agreement on Agriculture are being fully implemented.
If the Secretary of Agriculture determines that any foreign
country, by not implementing the obligations of the country,
is significantly constraining an opportunity for United
States agricultural exports, the Secretary shall--
``(1) submit to the United States Trade Representative a
recommendation as to whether the President should take action
under any provision of law; and
``(2) transmit a copy of the recommendation to the
Committee on Agriculture, the Committee on International
Relations, and the Committee on Ways and Means, of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, and the Committee on Finance, of the
Senate.''.
SEC. 288. SENSE OF CONGRESS CONCERNING MULTILATERAL
DISCIPLINES ON CREDIT GUARANTEES.
It is the sense of Congress that--
(1) in negotiations to establish multilateral disciplines
on agricultural export credits and credit guarantees, the
United States should not agree to any arrangement that is
incompatible with the provisions of United States law that
authorize agricultural export credits and credit guarantees;
(2) in the negotiations (which are held under the auspices
of the Organization for Economic Cooperation and
Development), the United States should not reach any
agreement that fails to impose disciplines on the practices
of foreign government trading entities such as the Australian
Wheat Board and Canadian Wheat Board; and
(3) the disciplines should include greater openness in the
operations of the entities as long as the entities are
subsidized by the foreign government or have monopolies for
exports of a commodity that are sanctioned by the foreign
government.
SEC. 289. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.)
is amended by adding at the end the following:
``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM
``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION.
``In this title, the term `eligible trade organization'
means a United States trade organization that--
``(1) promotes the export of 1 or more United States
agricultural commodities or products; and
``(2) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities
or products.
``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) In General.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and
develop foreign markets for United States agricultural
commodities and products.
[[Page 389]]
``(b) Administration.--Funds made available to carry out
this title shall be used only to provide--
``(1) cost-share assistance to an eligible trade
organization under a contract or agreement with the
organization; and
``(2) assistance for other costs that are necessary or
appropriate to carry out the foreign market development
cooperator program, including contingent liabilities that are
not otherwise funded.
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of fiscal years
1996 through 2002.''.
Subtitle E--Dairy Exports
SEC. 291. DAIRY EXPORT INCENTIVE PROGRAM.
(a) In General.--Section 153(c) of the Food Security Act of
1985 (15 U.S.C. 713a-14(c)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraphs:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States as a
member of the World Trade Organization are exported under the
program each year (minus the volume sold under section 1163
of the Food Security Act of 1985 (7 U.S.C. 1731 note) during
that year), except to the extent that the export of such a
volume under the program would, in the judgment of the
Secretary, exceed the limitations on the value set forth in
subsection (f); and
``(4) payments may be made under the program for exports to
any destination in the world for the purpose of market
development, except a destination in a country with respect
to which shipments from the United States are otherwise
restricted by law.''.
(b) Sole Discretion.--Section 153(b) of the Food Security
Act of 1985 (15 U.S.C. 713a-14(b)) is amended by inserting
``sole'' before ``discretion''.
(c) Market Development.--Section 153(e)(1) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(e)(1)) is amended--
(1) by striking ``and'' and inserting ``the''; and
(2) by inserting before the period the following: ``, and
any additional amount that may be required to assist in the
development of world markets for United States dairy
products''.
(d) Maximum Allowable Amounts.--Section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14) is amended by adding
at the end the following:
``(f) Required Funding.--The Commodity Credit Corporation
shall in each year use money and commodities for the program
under this section in the maximum amount consistent with the
obligations of the United States as a member of the World
Trade Organization, minus the amount expended under section
1163 of the Food Security Act of 1985 (7 U.S.C. 1731 note)
during that year. However, the Commodity Credit Corporation
may not exceed the limitations specified in subsection (c)(3)
on the volume of allowable dairy product exports.''.
(e) Conforming Amendment.--Section 153(a) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(a)) is amended by
striking ``2001'' and inserting ``2002''.
SEC. 292. AUTHORITY TO ASSIST IN ESTABLISHMENT AND
MAINTENANCE OF EXPORT TRADING COMPANY.
The Secretary of Agriculture shall, consistent with the
obligations of the United States as a member of the World
Trade Organization, provide such advice and assistance to the
United States dairy industry as may be necessary to enable
that industry to establish and maintain an export trading
company under the Export Trading Company Act of 1982 (15
U.S.C. 4001 et seq.) for the purpose of facilitating the
international market development for and exportation of dairy
products produced in the United States.
SEC. 293. STANDBY AUTHORITY TO INDICATE ENTITY BEST SUITED TO
PROVIDE INTERNATIONAL MARKET DEVELOPMENT AND
EXPORT SERVICES.
(a) Indication of Entity Best Suited to Assist
International Market Development for and Export of United
States Dairy Products.--If--
(1) the United States dairy industry has not established an
export trading company under the Export Trading Company Act
of 1982 (15 U.S.C. 4001 et seq.) for the purpose of
facilitating the international market development for and
exportation of dairy products produced in the United States
on or before June 30, 1996; or
(2) the quantity of exports of United States dairy products
during the 12-month period preceding July 1, 1997 does not
exceed the quantity of exports of United States dairy
products during the 12-month period preceding July 1, 1996 by
1.5 billion pounds (milk equivalent, total solids basis);
the Secretary of Agriculture is directed to indicate which
entity autonomous of the Government of the United States is
best suited to facilitate the international market
development for and exportation of United States dairy
products.
(b) Funding of Export Activities.--The Secretary shall
assist the entity in identifying sources of funding for the
activities specified in subsection (a) from within the dairy
industry and elsewhere.
(c) Application of Section.--This section shall apply only
during the period beginning on July 1, 1997 and ending on
September 30, 2000.
SEC. 294. STUDY AND REPORT REGARDING POTENTIAL IMPACT OF
URUGUAY ROUND ON PRICES, INCOME AND GOVERNMENT
PURCHASES.
(a) Study.--The Secretary of Agriculture shall conduct a
study, on a variety by variety of cheese basis, to determine
the potential impact on milk prices in the United States,
dairy producer income, and Federal dairy program costs, of
the allocation of additional cheese granted access to the
United States as a result of the obligations of the United
States as a member of the World Trade Organization.
(b) Report.--Not later than June 30, 1997, the Secretary
shall report to the Committees on Agriculture of the Senate
and the House of Representatives the results of the study
conducted under this section.
(c) Rule of Construction.--Any limitation imposed by Act of
Congress on the conduct or completion of studies or reports
to Congress shall not apply to the study and report required
under this section unless such limitation explicitly
references this section in doing so.
SEC. 295. PROMOTION OF AMERICAN DAIRY PRODUCTS IN
INTERNATIONAL MARKETS THROUGH DAIRY PROMOTION
PROGRAM.
Section 113(e) of the Dairy Production Stabilization Act of
1983 (7 U.S.C. 4504(e)) is amended by adding at the end the
following new sentence: ``For each of the fiscal years 1996
through 2000, the Board's budget shall provide for the
expenditure of not less than 10 percent of the anticipated
revenues available to the Board to develop international
markets for, and to promote within such markets, the
consumption of dairy products produced in the United States
from milk produced in the United States.''.
TITLE III--CONSERVATION
Subtitle A--Environmental Conservation Acreage Reserve Program
SEC. 311. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
Section 1230 of the Food Security Act of 1985 (16 U.S.C.
3830) is amended to read as follows:
``SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE
PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 calendar
years, the Secretary shall establish an environmental
conservation acreage reserve program (referred to in this
section as `ECARP') to be implemented through contracts and
the acquisition of easements to assist owners and operators
of farms and ranches to conserve and enhance soil, water, and
related natural resources, including grazing land, wetland,
and wildlife habitat.
``(2) Means.--The Secretary shall carry out the ECARP by--
``(A) providing for the long-term protection of
environmentally sensitive land; and
``(B) providing technical and financial assistance to
farmers and ranchers to--
``(i) improve the management and operation of the farms and
ranches; and
``(ii) reconcile productivity and profitability with
protection and enhancement of the environment.
``(3) Programs.--The ECARP shall consist of--
``(A) the conservation reserve program established under
subchapter B;
``(B) the wetlands reserve program established under
subchapter C;
``(C) the environmental quality incentives program
established under chapter 4; and
``(D) a farmland protection program under which the
Secretary shall use funds of the Commodity Credit Corporation
for the purchase of conservation easements or other interests
in not less than 170,000, nor more than 340,000, acres of
land with prime, unique, or other productive soil that is
subject to a pending offer from a State or local government
for the purpose of protecting topsoil by limiting
nonagricultural uses of the land, except that any highly
erodible cropland shall be subject to the requirements of a
conservation plan, including, if required by the Secretary,
the conversion of the land to less intensive uses. In no case
shall total expenditures of funding from the Commodity Credit
Corporation exceed a total of $35,000,000 over the first 3
and subsequent fiscal years.
``(b) Administration.--
``(1) In general.--In carrying out the ECARP, the Secretary
shall enter into contracts with owners and operators and
acquire interests in land through easements from owners, as
provided in this chapter and chapter 4.
``(2) Prior enrollments.--Acreage enrolled in the
conservation reserve or wetlands reserve program prior to the
effective date of this paragraph shall be considered to be
placed into the ECARP.
``(c) Conservation Priority Areas.--
``(1) Designation.--
``(A) In general.--The Secretary shall designate watersheds
or regions of special environmental sensitivity, including
the Chesapeake Bay Region (consisting of Pennsylvania,
Maryland, and Virginia), the Great Lakes Region, the
Rainwater Basin Region, the Lake Champlain Basin, the Prairie
Pothole Region, and the Long Island Sound Region, as
conservation priority areas that are eligible for enhanced
assistance through the programs established under this
chapter and chapter 4.
``(B) Application.--A designation shall be made under this
paragraph if agricultural practices on land within the
watershed or re
[[Page 390]]
gion pose a significant threat to soil, water, and related
natural resources, as determined by the Secretary, and an
application is made by--
``(i) a State agency in consultation with the State
technical committee established under section 1261; or
``(ii) State agencies from several States that agree to
form an interstate conservation priority area.
``(C) Assistance.--The Secretary shall designate a
watershed or region of special environmental sensitivity as a
conservation priority area to assist, to the maximum extent
practicable, agricultural producers within the watershed or
region to comply with nonpoint source pollution requirements
under the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) and other Federal and State environmental laws.
``(2) Applicability.--The Secretary shall designate a
watershed or region of special environmental sensitivity as a
conservation priority area in a manner that conforms, to the
maximum extent practicable, to the functions and purposes of
the conservation reserve, wetlands reserve, and environmental
quality incentives programs, as applicable, if participation
in the program or programs is likely to result in the
resolution or amelioration of significant soil, water, and
related natural resource problems related to agricultural
production activities within the watershed or region.
``(3) Termination.--A conservation priority area
designation shall terminate on the date that is 5 years after
the date of the designation, except that the Secretary may--
``(A) redesignate the area as a conservation priority area;
or
``(B) withdraw the designation of a watershed or region if
the Secretary determines the area is no longer affected by
significant soil,water, and related natural resource impacts
related to agricultural production activities.''.
SEC. 312. CONSERVATION RESERVE PROGRAM.
(a) Program Extensions.--
(1) Conservation reserve program.--Section 1231 of the Act
(16 U.S.C. 3831) is amended in subsections (a) and (b)(3), by
striking ``1995'' each place it appears and inserting
``2002''.
(3) Duties of owners and operators.--Section 1232(c) of the
Act (16 U.S.C. 3832(c)) is amended by striking ``1995'' and
inserting ``2002''.
(b) Maximum Enrollment.--Section 1231(d) of the Food
Security Act of 1985 (16 U.S.C. 3831(d)) is amended striking
``total of'' and all that follows through the period at the
end of the subsection and inserting ``total of 36,400,000
acres during the 1986 through 2002 calendar years (including
contracts extended by the Secretary pursuant to section
1437(c) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (Public Law 101-624; 16 U.S.C. 3831 note).''.
(c) Optional Contract Termination by Producers.--Section
1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is
amended by adding at the end the following new subsection:
``(e) Termination by Owner or Operator.--
``(1) Early termination authorized.--The Secretary shall
allow an owner or operator of land that, on the date of the
enactment of the Agricultural Market Transition Act, is
covered by a contract that was entered into under this
subchapter at least five years before that date to terminate
the contract with respect to all or a portion of the covered
land. The owner or operator shall provide the Secretary with
reasonable notice of the termination request.
``(2) Certain lands excepted.--Notwithstanding paragraph
(1), the following lands shall not be subject to an early
termination of a contract under this subsection:
``(A) Filterstrips, waterways, strips adjacent to riparian
areas, windbreaks, and shelterbelts.
``(B) Land with an erodibility index of more than 15.
``(C) Other lands of high environmental value, as
determined by the Secretary.
``(3) Effective date.--The contract termination shall take
effect 60 days after the date on which the owner or operator
submits the notice under paragraph (1).
``(4) Prorated rental payment.--If a contract entered into
under this subchapter is terminated under this subsection
before the end of the fiscal year for which a rental payment
is due, the Secretary shall provide a prorated rental payment
covering the portion of the fiscal year during which the
contract was in effect.
``(5) Renewed enrollment.--The termination of a contract
entered into under this subchapter shall not affect the
ability of the owner or operator who requested the
termination to submit a subsequent bid to enroll the land
that was subject to the contract into the conservation
reserve.
``(6) Conservation requirements.--If land that was subject
to a contract is returned to production of an agricultural
commodity, the conservation requirements under subtitles B
and C shall apply to the use of the land to the extent that
the requirements are similar to those requirements imposed on
other similar lands in the area, except that the requirements
may not be more onerous that the requirements imposed on
other lands.''.
(d) Use of Unexpended Funds.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended by adding at
the end the following:
``(h) Use of Unexpended Funds from Contract Terminations.--
If a contract entered into under this section is terminated,
voluntarily or otherwise, before the expiration date
specified in the contract, the Secretary may use funds,
already available to the Secretary to cover payments under
the contract, but unexpended as a result of the contract
termination, to enroll other eligible lands in the
conservation reserve established under this subchapter.''.
(e) Fair Market Value Rental Rates.--
(1) In general.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended by adding at the end
the following new paragraph:
``(5) In the case of a contract covering land which has not
been previously enrolled in the conservation reserve, annual
rental payments under the contract may not exceed the average
fair market rental rate for comparable lands in the county in
which the lands are located. This paragraph shall not apply
to the extension of an existing contract.''.
(2) Application of amendment.--The amendment made by
paragraph (1) shall apply with respect to contracts for the
enrollment of lands in the conservation reserve program under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831)) entered into after the date of the enactment of this
Act.
(f) Enrollments in 1997.--Section 725 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1996 (Public Law 104-37; 109
Stat. 332), is amended by striking the proviso relating to
enrollment of new acres in 1997.
SEC. 313. WETLANDS RESERVE PROGRAM.
(a) Purposes.--Section 1237(a) of the Food Security Act of
1985 (16 U.S.C. 3837(a)) is amended by striking ``to assist
owners of eligible lands in restoring and protecting
wetlands'' and inserting ``to protect wetlands for purposes
of enhancing water quality and providing wildlife benefits
while recognizing landowner rights''.
(b) Enrollment.--Section 1237 of the Food Security Act of
1985 (16 U.S.C. 3837) is amended by striking subsection (b)
and inserting the following:
``(b) Minimum Enrollment.--The Secretary shall enroll into
the wetlands reserve program--
``(1) during the 1996 through 2002 calendar years, a total
of not more than 975,000 acres; and
``(2) beginning with offers accepted by the Secretary
during calendar year 1997, to the maximum extent practicable,
\1/3\ of the acres in permanent easements, \1/3\ of the acres
in 30-year easements, and \1/3\ of the acres in restoration
cost-share agreements.''.
(c) Eligibility.--Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended--
(1) by striking ``2000'' and inserting ``2002''; and
(2) by inserting ``the land maximizes wildlife benefits and
wetland values and functions and'' after ``determines that''.
(d) Other Eligible Lands.--Section 1237(d) (16 U.S.C.
3837(d)) is amended by inserting after ``subsection (c)'' the
following ``, land that maximizes wildlife benefits and that
is''.
(e) Easements.--Section 1237A of the Food Security Act of
1985 (16 U.S.C. 3837a) is amended--
(1) in the section heading, by inserting before the period
at the end the following: ``and agreements'';
(2) by striking subsection (c) and inserting the following:
``(c) Restoration Plans.--The development of a restoration
plan, including any compatible use, under this section shall
be made through the local Natural Resources Conservation
Service representative, in consultation with the State
technical committee.'';
(3) in subsection (f), by striking the third sentence and
inserting the following: ``Compensation may be provided in
not less than 5, nor more than 30, annual payments of equal
or unequal size, as agreed to by the owner and the
Secretary.''; and
(4) by adding at the end the following:
``(h) Cost Share Agreements.--The Secretary may enroll land
into the wetland reserve through agreements that require the
landowner to restore wetlands on the land, if the agreement
does not provide the Secretary with an easement.''.
(f) Cost Share and Technical Assistance.--Section 1237C of
the Food Security Act of 1985 (16 U.S.C. 3837c) is amended by
striking subsection (b) and inserting the following:
``(b) Cost Share and Technical Assistance.--In the case of
an easement entered into during the 1996 through 2002
calendar years, in making cost share payments under
subsection (a)(1), the Secretary shall--
``(1) in the case of a permanent easement, pay the owner an
amount that is not less than 75 percent, but not more than
100 percent, of the eligible costs;
``(2) in the case of a 30-year easement or a cost-share
agreement, pay the owner an amount that is not less than 50
percent, but not more than 75 percent, of the eligible costs;
and
``(3) provide owners technical assistance to assist
landowners in complying with the terms of easements and
agreements.''.
SEC. 314. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) is amended by adding at the end the
following:
[[Page 391]]
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
``SEC. 1238. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) farmers and ranchers cumulatively manage more than
\1/2\ of the private lands in the continental United States;
``(2) because of the predominance of agriculture, the soil,
water, and related natural resources of the United States
cannot be protected without cooperative relationships between
the Federal Government and farmers and ranchers;
``(3) farmers and ranchers have made tremendous progress in
protecting the environment and the agricultural resource base
of the United States over the past decade because of not only
Federal Government programs but also their spirit of
stewardship and the adoption of effective technologies;
``(4) it is in the interest of the entire United States
that farmers and ranchers continue to strive to preserve soil
resources and make more efforts to protect water quality and
wildlife habitat, and address other broad environmental
concerns;
``(5) environmental strategies that stress the prudent
management of resources, as opposed to idling land, will
permit the maximum economic opportunities for farmers and
ranchers in the future;
``(6) unnecessary bureaucratic and paperwork barriers
associated with existing agricultural conservation assistance
programs decrease the potential effectiveness of the
programs; and
``(7) the recent trend of Federal spending on agricultural
conservation programs suggests that assistance to farmers and
ranchers in future years will, absent changes in policy,
dwindle to perilously low levels.
``(b) Purposes.--The purposes of the environmental quality
incentives program established by this chapter are to--
``(1) combine into a single program the functions of--
``(A) the agricultural conservation program authorized by
sections 7 and 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590g and 590h) (as in effect before
the amendments made by section 355(a)(1) of the Agricultural
Reform and Improvement Act of 1996);
``(B) the Great Plains conservation program established
under section 16(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590p(b)) (as in effect before the
amendment made by section 355(b)(1) of the Agricultural
Reform and Improvement Act of 1996); and
``(C) the water quality incentives program established
under chapter 2 (as in effect before the amendment made by
section 355(k) of the Agricultural Reform and Improvement Act
of 1996); and
``(D) the Colorado River Basin salinity control program
established under section 202(c) of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1592(c)) (as in effect before
the amendment made by section 355(c)(1) of the Agricultural
Reform and Improvement Act of 1996); and
``(2) carry out the single program in a manner that
maximizes environmental benefits per dollar expended, and
that provides--
``(A) flexible technical and financial assistance to
farmers and ranchers that face the most serious threats to
soil, water, and related natural resources, including grazing
lands, wetlands, and wildlife habitat;
``(B) assistance to farmers and ranchers in complying with
this title and Federal and State environmental laws, and to
encourage environmental enhancement;
``(C) assistance to farmers and ranchers in making
beneficial, cost-effective changes to cropping systems,
grazing management, manure, nutrient, pest, or irrigation
management, land uses, or other measures needed to conserve
and improve soil, water, and related natural resources; and
``(D) for the consolidation and simplification of the
conservation planning process to reduce administrative
burdens on the owners and operators of farms and ranches.
``SEC. 1238A. DEFINITIONS.
``In this chapter:
``(1) Land management practice.--The term `land management
practice' means nutrient or manure management, integrated
pest management, irrigation management, tillage or residue
management, grazing management, or another land management
practice the Secretary determines is needed to protect soil,
water, or related resources in the most cost effective
manner.
``(2) Large confined livestock operation.--The term `large
confined livestock operation' means a farm or ranch that--
``(A) is a confined animal feeding operation; and
``(B) has more than--
``(i) 700 mature dairy cattle;
``(ii) 1,000 beef cattle;
``(iii) 100,000 laying hens or broilers;
``(iv) 55,000 turkeys;
``(v) 2,500 swine; or
``(vi) 10,000 sheep or lambs.
``(3) Livestock.--The term `livestock' means mature dairy
cows, beef cattle, laying hens, broilers, turkeys, swine,
sheep, or lambs.
``(4) Operator.--The term `operator' means a person who is
engaged in crop or livestock production (as defined by the
Secretary).
``(5) Structural practice.--The term `structural practice'
means the establishment of an animal waste management
facility, terrace, grassed waterway, contour grass strip,
filterstrip, permanent wildlife habitat, or another
structural practice that the Secretary determines is needed
to protect soil, water, or related resources in the most cost
effective manner.
``SEC. 1238B. ESTABLISHMENT AND ADMINISTRATION OF
ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 fiscal
years, the Secretary shall provide technical assistance,
cost-sharing payments, and incentive payments, education to
operators, who enter into contracts with the Secretary,
through an environmental quality incentives program in
accordance with this chapter.
``(2) Eligible practices.--
``(A) Structural practices.--An operator who implements a
structural practice shall be eligible for technical
assistance or cost-sharing payments, education or both.
``(B) Land management practices.--An operator who performs
a land management practice shall be eligible for technical
assistance or incentive payments, education or both.
``(b) Application and Term.--A contract between an operator
and the Secretary under this chapter may--
``(1) apply to 1 or more structural practices or 1 or more
land management practices, or both; and
``(2) have a term of not less than 5, nor more than 10,
years, as determined appropriate by the Secretary, depending
on the practice or practices that are the basis of the
contract.
``(c) Structural Practices.--
``(1) Competitive offer.--The Secretary shall administer a
competitive offer system for operators proposing to receive
cost-sharing payments in exchange for the implementation of 1
or more structural practices by the operator. The competitive
offer system shall consist of--
``(A) the submission of a competitive offer by the operator
in such manner as the Secretary may prescribe; and
``(B) evaluation of the offer in light of the priorities
established in section 1238C and the projected cost of the
proposal, as determined by the Secretary.
``(2) Concurrence of owner.--If the operator making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the operator shall obtain the concurrence of the
owner of the land with respect to the offer.
``(d) Land Management Practices.--The Secretary shall
establish an application and evaluation process for awarding
technical assistance or incentive payments, or both, to an
operator in exchange for the performance of 1 or more land
management practices by the operator.
``(e) Cost-Sharing and Incentive Payments.--
``(1) Cost-sharing payments.--
``(A) In general.--The Federal share of cost-sharing
payments to an operator proposing to implement 1 or more
structural practices shall not be more than 75 percent of the
projected cost of the practice, as determined by the
Secretary, taking into consideration any payment received by
the operator from a State or local government.
``(B) Limitation.--An operator of a large confined
livestock operation shall not be eligible for cost-sharing
payments to construct an animal waste management facility.
``(C) Other payments.--An operator shall not be eligible
for cost-sharing payments for structural practices on
eligible land under this chapter if the operator receives
cost-sharing payments or other benefits for the same land
under chapter 1 or 3.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by
the Secretary to be necessary to encourage an operator to
perform 1 or more land management practices.
``(f) Technical Assistance.--
``(1) Funding.--The Secretary shall allocate funding under
this chapter for the provision of technical assistance
according to the purpose and projected cost for which the
technical assistance is provided in a fiscal year. The
allocated amount may vary according to the type of expertise
required, quantity of time involved, and other factors as
determined appropriate by the Secretary. Funding shall not
exceed the projected cost to the Secretary of the technical
assistance provided in a fiscal year.
``(2) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the
eligibility of the operator to receive technical assistance
under other authorities of law available to the Secretary.
``(g) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with an
operator under this chapter if--
``(A) the operator agrees to the modification or
termination; and
``(B) the Secretary determines that the modification or
termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this chapter if the Secretary determines
that the operator violated the contract.
``(h) Non-Federal Assistance.--
``(1) In general.--The Secretary may request the services
of a State water quality agency, State fish and wildlife
agency, State forestry agency, or any other governmental or
private resource considered appropriate to assist in
providing the technical assistance necessary for the
development and imple
[[Page 392]]
mentation of a structural practice or land management
practice.
``(2) Limitation on liability.--No person shall be
permitted to bring or pursue any claim or action against any
official or entity based on or resulting from any technical
assistance provided to an operator under this chapter to
assist in complying with a Federal or State environmental
law.
``SEC. 1238C. EVALUATION OF OFFERS AND PAYMENTS.
``(a) Regional Priorities.--The Secretary shall provide
technical assistance, cost-sharing payments, and incentive
payments to operators in a region, watershed, or conservation
priority area under this chapter based on the significance of
the soil, water, and related natural resource problems in the
region, watershed, or area, and the structural practices or
land management practices that best address the problems, as
determined by the Secretary.
``(b) Maximization of Environmental Benefits.--
``(1) In general.--In providing technical assistance, cost-
sharing payments, and incentive payments to operators in
regions, watersheds, or conservation priority areas under
this chapter, the Secretary shall accord a higher priority to
assistance and payments that maximize environmental benefits
per dollar expended.
``(2) National and regional priority.--The prioritization
shall be done nationally as well as within the conservation
priority area, region, or watershed in which an agricultural
operation is located.
``(3) Criteria.--To carry out this subsection, the
Secretary shall establish criteria for implementing
structural practices and land management practices that best
achieve conservation goals for a region, watershed, or
conservation priority area, as determined by the Secretary.
``(c) State or Local Contributions.--The Secretary shall
accord a higher priority to operators whose agricultural
operations are located within watersheds, regions, or
conservation priority areas in which State or local
governments have provided, or will provide, financial or
technical assistance to the operators for the same
conservation or environmental purposes.
``(d) Priority Lands.--The Secretary shall accord a higher
priority to structural practices or land management practices
on lands on which agricultural production has been determined
to contribute to, or create, the potential for failure to
meet applicable water quality standards or other
environmental objectives of a Federal or State law.
``SEC. 1238D. DUTIES OF OPERATORS.
``To receive technical assistance, cost-sharing payments,
or incentives payments under this chapter, an operator shall
agree--
``(1) to implement an environmental quality incentives
program plan that describes conservation and environmental
goals to be achieved through a structural practice or land
management practice, or both, that is approved by the
Secretary;
``(2) not to conduct any practices on the farm or ranch
that would tend to defeat the purposes of this chapter;
``(3) on the violation of a term or condition of the
contract at any time the operator has control of the land, to
refund any cost-sharing or incentive payment received with
interest, and forfeit any future payments under this chapter,
as determined by the Secretary;
``(4) on the transfer of the right and interest of the
operator in land subject to the contract, unless the
transferee of the right and interest agrees with the
Secretary to assume all obligations of the contract, to
refund all cost-sharing payments and incentive payments
received under this chapter, as determined by the Secretary;
``(5) to supply information as required by the Secretary to
determine compliance with the environmental quality
incentives program plan and requirements of the program; and
``(6) to comply with such additional provisions as the
Secretary determines are necessary to carry out the
environmental quality incentives program plan.
``SEC. 1238E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
``An environmental quality incentives program plan shall
include (as determined by the Secretary)--
``(1) a description of the prevailing farm or ranch
enterprises, cropping patterns, grazing management, cultural
practices, or other information that may be relevant to
conserving and enhancing soil, water, and related natural
resources;
``(2) a description of relevant farm or ranch resources,
including soil characteristics, rangeland types and
condition, proximity to water bodies, wildlife habitat, or
other relevant characteristics of the farm or ranch related
to the conservation and environmental objectives set forth in
the plan;
``(3) a description of specific conservation and
environmental objectives to be achieved;
``(4) to the extent practicable, specific, quantitative
goals for achieving the conservation and environmental
objectives;
``(5) a description of 1 or more structural practices or 1
or more land management practices, or both, to be implemented
to achieve the conservation and environmental objectives;
``(6) a description of the timing and sequence for
implementing the structural practices or land management
practices, or both, that will assist the operator in
complying with Federal and State environmental laws; and
``(7) information that will enable evaluation of the
effectiveness of the plan in achieving the conservation and
environmental objectives, and that will enable evaluation of
the degree to which the plan has been implemented.
``(8) Not withstanding any provision of law, the Secretary
shall ensure that the process of writing, developing, and
assisting in the implementation of plans required in the
programs established under this title be open to individuals
in agribusiness including but not limited to agricultural
producers, representatives from agricultural cooperatives,
agricultural input retail dealers, and certified crop
advisers. This process shall be included in but not limited
to programs and plans established under this title and any
other Department program using incentive, technical
assistance, cost-share or pilot project programs that require
plans.
``SEC. 1238F. DUTIES OF THE SECRETARY.
``To the extent appropriate, the Secretary shall assist an
operator in achieving the conservation and environmental
goals of an environmental quality incentives program plan
by--
``(1) providing an eligibility assessment of the farming or
ranching operation of the operator as a basis for developing
the plan;
``(2) providing technical assistance in developing and
implementing the plan;
``(3) providing technical assistance, cost-sharing
payments, or incentive payments for developing and
implementing 1 or more structural practices or 1 or more land
management practices, as appropriate;
``(4) providing the operator with information, education,
and training to aid in implementation of the plan; and
``(5) encouraging the operator to obtain technical
assistance, cost-sharing payments, or grants from other
Federal, State, local, or private sources.
``SEC. 1238G. ELIGIBLE LANDS.
``Agricultural land on which a structural practice or land
management practice, or both, shall be eligible for technical
assistance, cost-sharing payments, or incentive payments
under this chapter include--
``(1) agricultural land (including cropland, rangeland,
pasture, and other land on which crops or livestock are
produced) that the Secretary determines poses a serious
threat to soil, water, or related resources by reason of the
soil types, terrain, climatic, soil, topographic, flood, or
saline characteristics, or other factors or natural hazards;
``(2) an area that is considered to be critical
agricultural land on which either crop or livestock
production is carried out, as identified in a plan submitted
by the State under section 319 of the Federal Water Pollution
Control Act (33 U.S.C. 1329) as having priority problems that
result from an agricultural nonpoint source of pollution;
``(3) an area recommended by a State lead agency for
protection of soil, water, and related resources, as
designated by a Governor of a State; and
``(4) land that is not located within a designated or
approved area, but that if permitted to continue to be
operated under existing management practices, would defeat
the purpose of the environmental quality incentives program,
as determined by the Secretary.
``SEC. 1238H. LIMITATIONS ON PAYMENTS.
``(a) Payments.--The total amount of cost-sharing and
incentive payments paid to a person under this chapter may
not exceed--
``(1) $10,000 for any fiscal year; or
``(2) $50,000 for any multiyear contract.
``(b) Regulations.--The Secretary shall issue regulations
that are consistent with section 1001 for the purpose of--
``(1) defining the term `person' as used in subsection (a);
and
``(2) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitations contained in subsection (a).''.
Subtitle B--Conservation Funding
SEC. 321. CONSERVATION FUNDING.
(a) In General.--Subtitle E of title XII of the Food
Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended to
read as follows:
``Subtitle E--Funding
``SEC. 1241. FUNDING.
``(a) Mandatory Expenses.--For each of fiscal years 1996
through 2002, the Secretary shall use the funds of the
Commodity Credit Corporation to carry out the programs
authorized by--
``(1) subchapter B of chapter 1 of subtitle D (including
contracts extended by the Secretary pursuant to section 1437
of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 16 U.S.C. 3831 note));
``(2) subchapter C of chapter 1 of subtitle D; and
``(3) chapter 4 of subtitle D.
``(b) Environmental Quality Incentives Program.--
``(1) In general.--For each of fiscal years 1996 through
2002, $200,000,000 of the funds of the Commodity Credit
Corporation shall be available for providing technical
assistance, cost-sharing payments, and incentive payments
under the environmental quality incentives program under
chapter 4 of subtitle D.
``(2) Livestock production.--For each of fiscal years 1996
through 2002, 50 percent of the funding available for
technical assistance, cost-sharing payments, and incentive
payments under the environmental quality incentives program
shall be targeted at practices relating to livestock
production.
``(c) Advance Appropriations to CCC.--The Secretary may use
the funds of the Com
[[Page 393]]
modity Credit Corporation to carry out chapter 3 of subtitle
D, except that the Secretary may not use the funds of the
Corporation unless the Corporation has received funds to
cover the expenditures from appropriations made available to
carry out chapter 3 of subtitle D.
``SEC. 1242. ADMINISTRATION.
``(a) Plans.--The Secretary shall, to the extent
practicable, avoid duplication in--
``(1) the conservation plans required for--
``(A) highly erodible land conservation under subtitle B;
``(B) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D; and
``(C) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D; and
``(2) the environmental quality incentives program
established under chapter 4 of subtitle D.
``(b) Acreage Limitation.--
``(1) In general.--The Secretary shall not enroll more than
25 percent of the cropland in any county in the programs
administered under the conservation reserve and wetlands
reserve programs established under subchapters B and C,
respectively, of chapter 1 of subtitle D. Not more than 10
percent of the cropland in a county may be subject to an
easement acquired under the subchapters.
``(2) Exception.--The Secretary may exceed the limitations
in paragraph (1) if the Secretary determines that--
``(A) the action would not adversely affect the local
economy of a county; and
``(B) operators in the county are having difficulties
complying with conservation plans implemented under section
1212.
``(3) Shelterbelts and windbreaks.--The limitations
established under this subsection shall not apply to cropland
that is subject to an easement under chapter 1 or 3 of
subtitle D that is used for the establishment of shelterbelts
and windbreaks.
``(c) Tenant Protection.--Except for a person who is a
tenant on land that is subject to a conservation reserve
contract that has been extended by the Secretary, the
Secretary shall provide adequate safeguards to protect the
interests of tenants and sharecroppers, including provision
for sharing, on a fair and equitable basis, in payments under
the programs established under subtitles B through D.
``(d) Regulations.--Not later than 90 days after the
effective date of this subsection, the Secretary shall issue
regulations to implement the conservation reserve and
wetlands reserve programs established under chapter 1 of
subtitle D.''.
Subtitle C--Miscellaneous
SEC. 351. FORESTRY.
(a) Forestry Incentives Program.--Section 4 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103)
is amended by striking subsection (k).
(b) Office of International Forestry.--Section 2405 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 6704) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There are
authorized each fiscal year such sums as are necessary to
carry out this section.''.
SEC. 352. STATE TECHNICAL COMMITTEES.
Section 1261(c) of the Food Security Act of 1985 (16 U.S.C.
3861(c)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) agricultural producers;
``(10) other nonprofit organizations with demonstrable
expertise;
``(11) persons knowledgeable about the economic and
environmental impact of conservation techniques and programs;
and
``(12) agribusiness.
SEC. 353. CONSERVATION OF PRIVATE GRAZING LAND.
(a) Findings.--Congress finds that--
(1) privately owned grazing land constitutes nearly \1/2\
of the non-Federal land of the United States and is basic to
the environmental, social, and economic stability of rural
communities;
(2) privately owned grazing land contains a complex set of
interactions among soil, water, air, plants, and animals;
(3) grazing land constitutes the single largest watershed
cover type in the United States and contributes significantly
to the quality and quantity of water available for all of the
many uses of the land;
(4) private grazing land constitutes the most extensive
wildlife habitat in the United States;
(5) private grazing land can provide opportunities for
improved nutrient management from land application of animal
manures and other by-product nutrient resources;
(6) owners and managers of private grazing land need to
continue to recognize conservation problems when the problems
arise and receive sound technical assistance to improve or
conserve grazing land resources to meet ecological and
economic demands;
(7) new science and technology must continually be made
available in a practical manner so owners and managers of
private grazing land may make informed decisions concerning
vital grazing land resources;
(8) agencies of the Department of Agriculture with private
grazing land responsibilities are the agencies that have the
expertise and experience to provide technical assistance,
education, and research to owners and managers of private
grazing land for the long-term productivity and ecological
health of grazing land;
(9) although competing demands on private grazing land
resources are greater than ever before, assistance to private
owners and managers of private grazing land is currently
limited and does not meet the demand and basic need for
adequately sustaining or enhancing the private grazing lands
resources; and
(10) privately owned grazing land can be enhanced to
provide many benefits to all Americans through voluntary
cooperation among owners and managers of the land, local
conservation districts, and the agencies of the Department of
Agriculture responsible for providing assistance to owners
and managers of land and to conservation districts.
(b) Purpose.--It is the purpose of this section to
authorize the Secretary of Agriculture to provide a
coordinated technical, educational, and related assistance
program to conserve and enhance private grazing land
resources and provide related benefits to all citizens of the
United States by--
(1) establishing a coordinated and cooperative Federal,
State, and local grazing conservation program for management
of private grazing land;
(2) strengthening technical, educational, and related
assistance programs that provide assistance to owners and
managers of private grazing land;
(3) conserving and improving wildlife habitat on private
grazing land;
(4) conserving and improving fish habitat and aquatic
systems through grazing land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water
supplies;
(7) identifying and managing weed, noxious weed, and brush
encroachment problems on private grazing land; and
(8) integrating conservation planning and management
decisions by owners and managers of private grazing land, on
a voluntary basis.
(c) Definitions.--In this section:
(1) Private grazing land.--The term ``private grazing
land'' means privately owned, State-owned, tribally-owned,
and any other non-federally owned rangeland, pastureland,
grazed forest land, and hay land.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Natural Resources
Conservation Service.
(d) Private Grazing Land Conservation Assistance.--
(1) Assistance to grazing landowners and others.--Subject
to the availability of appropriations, the Secretary shall
establish a voluntary program to provide technical,
educational, and related assistance to owners and managers of
private grazing land and public agencies, through local
conservation districts, to enable the landowners, managers,
and public agencies to voluntarily carry out activities that
are consistent with this section, including--
(A) maintaining and improving private grazing land and the
multiple values and uses that depend on private grazing land;
(B) implementing grazing land management technologies;
(C) managing resources on private grazing land, including--
(i) planning, managing, and treating private grazing land
resources;
(ii) ensuring the long-term sustainability of private
grazing land resources;
(iii) harvesting, processing, and marketing private grazing
land resources; and
(iv) identifying and managing weed, noxious weed, and brush
encroachment problems;
(D) protecting and improving the quality and quantity of
water yields from private grazing land;
(E) maintaining and improving wildlife and fish habitat on
private grazing land;
(F) enhancing recreational opportunities on private grazing
land;
(G) maintaining and improving the aesthetic character of
private grazing lands; and
(H) identifying the opportunities and encouraging the
diversification of private grazing land enterprises.
(2) Program elements.--
(A) Funding.--The program under paragraph (1) shall be
funded through a specific line-item in the annual
appropriations for the Natural Resources Conservation
Service.
(B) Technical assistance and education.--Personnel of the
Department of Agriculture trained in pasture and range
management shall be made available under the program to
deliver and coordinate technical assistance and education to
owners and managers of private grazing land, at the request
of the owners and managers.
(e) Grazing Technical Assistance Self-Help.--
(1) Findings.--Congress finds that--
(A) there is a severe lack of technical assistance for
grazing producers;
(B) the Federal budget precludes any significant expansion,
and may force a reduction of, current levels of technical
support; and
(C) farmers and ranchers have a history of cooperatively
working together to address common needs in the promotion of
their products and in the drainage of wet areas through
drainage districts.
(2) Establishment of grazing demonstration.--The Secretary
may establish 2 grazing management demonstration districts at
the recommendation of the Grazing Lands Conservation
Initiative Steering Committee.
(3) Procedure.--
[[Page 394]]
(A) Proposal.--Within a reasonable time after the
submission of a request of an organization of farmers or
ranchers engaged in grazing, the Secretary shall propose that
a grazing management district be established.
(B) Funding.--The terms and conditions of the funding and
operation of the grazing management district shall be
proposed by the producers.
(C) Approval.--The Secretary shall approve the proposal if
the Secretary determines that the proposal--
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the provisions
contained in the promotion orders in effect on the effective
date of this section.
(D) Area included.--The area proposed to be included in a
grazing management district shall be determined by the
Secretary on the basis of a petition by farmers or ranchers.
(E) Authorization.--The Secretary may use authority under
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, to operate, on a demonstration basis,
a grazing management district.
(F) Activities.--The activities of a grazing management
district shall be scientifically sound activities, as
determined by the Secretary in consultation with a technical
advisory committee composed of ranchers, farmers, and
technical experts.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $20,000,000 for fiscal year 1996;
(2) $40,000,000 for fiscal year 1997; and
(3) $60,000,000 for fiscal year 1998 and each subsequent
fiscal year.
SEC. 354. CONFORMING AMENDMENTS.
(a) Agricultural Conservation Program.--
(1) Elimination.--
(A) Section 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h) is amended--
(i) in subsection (b)--
(I) by striking paragraphs (1) through (4) and inserting
the following:
``(1) Environmental quality incentives program.--The
Secretary shall provide technical assistance, cost share
payments, and incentive payments to operators through the
environmental quality incentives program in accordance with
chapter 2 of subtitle D of the Food Security Act of 1985 (16
U.S.C. 3838 et seq.).''; and
(II) by striking paragraphs (6) through (8); and
(ii) by striking subsections (d), (e), and (f).
(B) The first sentence of section 11 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590k) is
amended by striking ``performance: Provided further,'' and
all that follows through ``or other law'' and inserting
``performance''.
(C) Section 14 of the Act (16 U.S.C. 590n) is amended--
(i) in the first sentence, by striking ``or 8''; and
(ii) by striking the second sentence.
(D) Section 15 of the Act (16 U.S.C. 590o) is amended--
(i) in the first undesignated paragraph--
(I) in the first sentence, by striking ``sections 7 and 8''
and inserting ``section 7''; and
(II) by striking the third sentence; and
(ii) by striking the second undesignated paragraph.
(2) Conforming amendments.--
(A) Paragraph (1) of the last proviso of the matter under
the heading ``conservation reserve program'' under the
heading ``Soil Bank Programs'' of title I of the Department
of Agriculture and Farm Credit Administration Appropriation
Act, 1959 (72 Stat. 195; 7 U.S.C. 1831a) is amended by
striking ``Agricultural Conservation Program'' and inserting
``environmental quality incentives program established under
chapter 2 of subtitle D of the Food Security Act of 1985 (16
U.S.C. 3838 et seq.)''.
(B) Section 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103) is amended by striking ``as added by
the Agriculture and Consumer Protection Act of 1973'' each
place it appears in subsections (d) and (i) and inserting
``as in effect before the amendment made by section 355(a)(1)
of the Agricultural Reform and Improvement Act of 1996''.
(C) Section 226(b)(4) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932(b)(4)) is amended
by striking ``and the agricultural conservation program under
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590g et seq.)''.
(D) Section 246(b)(8) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)(8)) is amended
by striking ``and the agricultural conservation program under
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590g et seq.)''.
(E) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C.
2106a(c)(3)(C)) is amended by striking ``Agricultural
Conservation Program established under section 16(b) of the
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h,
590l, or 590p)'' and inserting ``environmental quality
incentives program established under chapter 2 of subtitle D
of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.)''.
(F) Section 126(a)(5) of the Internal Revenue Code of 1986
is amended to read as follows:
``(5) The environmental quality incentives program
established under chapter 2 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.).''.
(G) Section 304(a) of the Lake Champlain Special
Designation Act of 1990 (Public Law 101-596; 33 U.S.C. 1270
note) is amended--
(i) in the subsection heading, by striking ``Special
Project Area Under the Agricultural Conservation Program''
and inserting ``A Priority Area Under the Environmental
Quality Incentives Program''; and
(ii) in paragraph (1), by striking ``special project area
under the Agricultural Conservation Program established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b))'' and inserting ``priority area under
the environmental quality incentives program established
under chapter 2 of subtitle D of the Food Security Act of
1985 (16 U.S.C. 3838 et seq.)''.
(H) Section 6 of the Department of Agriculture Organic Act
of 1956 (70 Stat. 1033) is amended by striking subsection
(b).
(b) Great Plains Conservation Program.--
(1) Elimination.--Section 16 of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590p) is repealed.
(2) Conforming amendments.--
(A) The Agricultural Adjustment Act of 1938 is amended by
striking ``Great Plains program'' each place it appears in
sections 344(f)(8) and 377 (7 U.S.C. 1344(f)(8) and 1377) and
inserting ``environmental quality incentives program
established under chapter 2 of subtitle D of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.)''.
(B) Section 246(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)) is amended by
striking paragraph (2).
(C) Section 126(a) of the Internal Revenue Code of 1986 is
amended--
(i) by striking paragraph (6); and
(ii) by redesignating paragraphs (7) through (10) as
paragraphs (6) through (9), respectively.
(c) Colorado River Basin Salinity Control Program.--
Section 202(c) of the Colorado River Basin Salinity Control
Act (43 U.S.C. 1592(c)) is amended by striking paragraph (1)
and inserting the following:
``(1) The Secretary of Agriculture shall implement salinity
control measures, including watershed enhancement and cost-
sharing efforts with livestock and crop producers, as part of
the Agricultural Conservation Assistance Program established
under section 312 of the Conservation Consolidation and
Regulatory Reform Act of 1996.''.
(d) Rural Environmental Conservation Program.--
(1) Elimination.--Title X of the Agricultural Act of 1970
(16 U.S.C. 1501 et seq.) is repealed.
(2) Conforming amendments.--Section 246(b) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6962(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
(e) Other Conservation Provisions.--Subtitle F of title XII
of the Food Security Act of 1985 (16 U.S.C. 2005a and 2101
note) is repealed.
(f) Commodity Credit Corporation Charter Act.--Section 5(g)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(g)) is amended to read as follows:
``(g) Carry out conservation functions and programs.''.
(g) Resource Conservation.--
(1) Elimination.--Subtitles A, B, D, E, F, G, and J of
title XV of the Agriculture and Food Act of 1981 (95 Stat.
1328; 16 U.S.C. 3401 et seq.) are repealed.
(2) Conforming amendment.--Section 739 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1982 (7 U.S.C. 2272a), is
repealed.
(h) Environmental Easement Program.--Section 1239(a) of the
Food Security Act of 1985 (16 U.S.C. 3839(a)) is amended by
striking ``1991 through 1995'' and inserting ``1996 through
2002''.
(i) Resource Conservation and Development Program.--Section
1538 of the Agriculture and Food Act of 1981 (16 U.S.C. 3461)
is amended by striking ``1991 through 1995'' and inserting
``1996 through 2002''.
(j) Technical Amendment.--The first sentence of the matter
under the heading ``Commodity Credit Corporation'' of Public
Law 99-263 (100 Stat. 59; 16 U.S.C. 3841 note) is amended by
striking ``: Provided further,'' and all that follows through
``Acts''.
(k) Agricultural Water Quality Incentives Program.--Chapter
2 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3838 et seq.) is repealed.
SEC. 355. WATER BANK PROGRAM.
Section 1230 of the Food Security Act of 1985 (16 U.S.C.
3830) is amended by adding at the end the following:
``(d) Water Bank Program.--For purposes of this Act,
acreage enrolled, prior to the date of enactment of this
subsection, in the water bank program authorized by the Water
Bank Act (16 U.S.C. 1301 et seq.) shall be considered to have
been enrolled in the conservation reserve program on the date
the acreage was enrolled in the water bank program. Payments
shall continue at the existing water bank rates.''.
SEC. 356. FLOOD WATER RETENTION PILOT PROJECTS.
Section 16 of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590p) is amended by adding at the end the
following:
[[Page 395]]
``(l) Flood Water Retention Pilot Projects.--
``(1) In general.--In cooperation with States, the
Secretary shall carry out at least 1 but not more than 2
pilot projects to create and restore natural water retention
areas to control storm water and snow melt runoff within
closed drainage systems.
``(2) Practices.--To carry out paragraph (1), the Secretary
shall provide cost-sharing and technical assistance for the
establishment of nonstructural landscape management
practices, including agricultural tillage practices and
restoration, enhancement, and creation of wetland
characteristics.
``(3) Funding.--
``(A) Limitation.--The funding used by the Secretary to
carry out this subsection shall not exceed $10,000,000 per
project.
``(B) Use of commodity credit corporation.--The Secretary
shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out this subsection.
``(4) Additional pilot projects.--
``(A) Evaluation.--Not later than 2 years after a pilot
project is implemented, the Secretary shall evaluate the
extent to which the project has reduced or may reduce Federal
outlays for emergency spending and unplanned infrastructure
maintenance by an amount that exceeds the Federal cost of the
project.
``(B) Additional projects.--If the Secretary determines
that pilot projects carried out under this subsection have
reduced or may reduce Federal outlays as described in
subparagraph (A), the Secretary may carry out, in accordance
with this subsection, pilot projects in addition to the
projects authorized under paragraph (1).''.
SEC. 357. WETLAND CONSERVATION EXEMPTION.
Section 1222(b)(1) of the Food Security Act of 1985 (16
U.S.C. 3822(b)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(E) converted wetland, if--
``(i) the extent of the conversion is limited to the
reversion to conditions that will be at least equivalent to
the wetland functions and values that existed prior to
implementation of a voluntary wetland restoration,
enhancement, or creation action;
``(ii) technical determinations of the prior site
conditions and the restoration, enhancement, or creation
action have been adequately documented in a plan approved by
the Natural Resources Conservation Service prior to
implementation; and
``(iii) the conversion action proposed by the private
landowner is approved by the Natural Resources Conservation
Service prior to implementation; or''.
SEC. 358. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
REAUTHORIZATION.
Section 1538 of the Agriculture and Food Act of 1981 (16
U.S.C. 3461) is amended by striking ``1991 through 1995'' and
inserting ``1996 through 2001''.
SEC. 359. CONSERVATION RESERVE NEW ACREAGE.
Section 1231(a) of the Food Security Act of 1985 (16 U.S.C.
3831(a)) is amended by adding at the end the following: ``The
Secretary may enter into 1 or more new contracts to enroll
acreage in a quantity equal to the quantity of acreage
covered by any contract that terminates after the date of
enactment of the Agricultural Market Transition Act.''.
SEC. 360. REPEAL OF REPORT REQUIREMENT.
Section 1342 of title 44, United States Code, is repealed.
SEC. 361. WATERSHED PROTECTION AND FLOOD PREVENTION ACT
AMENDMENTS.
(a) Declaration of Policy.--The first section of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1001) is amended to read as follows:
``SECTION 1. DECLARATION OF POLICY.
``Erosion, flooding, sedimentation, and loss of natural
habitats in the watersheds and waterways of the United States
cause loss of life, damage to property, and a reduction in
the quality of environment and life of citizens. It is
therefore the sense of Congress that the Federal Government
should join with States and their political subdivisions,
public agencies, conservation districts, flood prevention or
control districts, local citizens organizations, and Indian
tribes for the purpose of conserving, protecting, restoring,
and improving the land and water resources of the United
States and the quality of the environment and life for
watershed residents across the United States.''.
(b) Definitions.--
(1) Works of improvement.--Section 2 of the Act (16 U.S.C.
1002) is amended, with respect to the term ``works of
improvement''--
(A) in paragraph (1), by inserting ``, nonstructural,''
after ``structural'';
(B) in paragraph (2), by striking ``or'' at the end;
(C) by redesignating paragraph (3) as paragraph (11);
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) a land treatment or other nonstructural practice,
including the acquisition of easements or real property
rights, to meet multiple watershed needs,
``(4) the restoration and monitoring of the chemical,
biological, and physical structure, diversity, and functions
of waterways and their associated ecological systems,
``(5) the restoration or establishment of wetland and
riparian environments as part of a multi-objective management
system that provides floodwater or storm water storage,
detention, and attenuation, nutrient filtering, fish and
wildlife habitat, and enhanced biological diversity,
``(6) the restoration of steam channel forms, functions,
and diversity using the principles of biotechnical slope
stabilization to reestablish a meandering, bankfull flow
channels, riparian vegetation, and floodplains,
``(7) the establishment and acquisition of multi-objective
riparian and adjacent flood prone lands, including greenways,
for sediment storage and floodwater storage,
``(8) the protection, restoration, enhancement and
monitoring of surface and groundwater quality, including
measures to improve the quality of water emanating from
agricultural lands and facilities,
``(9) the provision of water supply and municipal and
industrial water supply for rural communities having a
population of less than 55,000, according to the most recent
decennial census of the United States,
``(10) outreach to and organization of local citizen
organizations to participate in project design and
implementation, and the training of project volunteers and
participants in restoration and monitoring techniques, or'';
and
(E) in paragraph (11) (as so redesignated)--
(i) by inserting in the first sentence after ``proper
utilization of land'' the following: ``, water, and related
resources''; and
(ii) by striking the sentence that mandates that 20 percent
of total project benefits be directly related to agriculture.
(2) Local organization.--Such section is further amended,
with respect to the term ``local organization'', by adding at
the end the following new sentence: ``The term includes any
nonprofit organization (defined as having tax exempt status
under section 501(c)(3) of the Internal Revenue Code of 1986)
that has authority to carry out and maintain works of
improvement or is developing and implementing a work of
improvement in partnership with another local organization
that has such authority.''.
(3) Waterway.--Such section is further amended by adding at
the end the following new definition:
``Waterway.--The term `waterway' means, on public or
private land, any natural, degraded, seasonal, or created
wetland on public or private land, including rivers, streams,
riparian areas, marshes, ponds, bogs, mudflats, lakes, and
estuaries. The term includes any natural or manmade
watercourse which is culverted, channelized, or vegetatively
cleared, including canals, irrigation ditches, drainage
wages, and navigation, industrial, flood control and water
supply channels.''.
(c) Assistance to Local Organizations.--Section 3 of the
Act (16 U.S.C. 1003) is amended--
(1) in paragraph (1), by inserting after ``(1)'' the
following ``to provide technical assistance to help local
organizations'';
(2) in paragraph (2)--
(A) by inserting after ``(2)'' the following: ``to provide
technical assistance to help local organizations''; and
(B) by striking ``engineering'' and inserting ``technical
and scientific''; and
(3) by striking paragraph (3) and inserting the following
new paragraph:
``(3) to make allocations of costs to the project or
project components to determine whether the total of all
environmental, social, and monetary benefits exceed costs;''.
(d) Cost Share Assistance.--
(1) Amount of assistance.--Section 3A of the Act (16 U.S.C.
1003a) is amended by striking subsection (b) and inserting
the following:
``(b) Nonstructural Practices.--Notwithstanding any other
provision of this Act, Federal cost share assistance to local
organizations for the planning and implementation of
nonstructural works of improvement may be provided using
funds appropriated for the purposes of this Act for an amount
not exceeding 75 percent of the total installation costs.
``(c) Structural Practices.--Notwithstanding any other
provision of this Act, Federal cost share assistance to local
organizations for the planning and implementation of
structural works of improvement may be provided using funds
appropriated for the purposes of this Act for 50 percent of
the total cost, including the cost of mitigating damage to
fish and wildlife habitat and the value of any land or
interests in land acquired for the work of improvement.
``(d) Special Rule for Limited Resource Communities.--
Notwithstanding any other provision of this Act, the
Secretary may provide cost share assistance to a limited
resource community for any works of improvement, using funds
appropriated for the purposes of this Act, for an amount not
to exceed 90 percent of the total cost.
``(e) Treatment of Other Federal Funds.--Not more than 50
percent of the non-Federal cost share may be satisfied using
funds from other Federal agencies.''.
(2) Conditions on assistance.--Section 4(1) of the Act (16
U.S.C. 1004(1)) is amended by striking ``, without cost to
the Federal Government from funds appropriated for the
purposes of this Act,''.
(e) Benefit Cost Analysis.--Section 5(1) of the Act (16
U.S.C. 1005(1)) is amended by striking ``the benefits'' and
inserting ``the total benefits, including environmental,
social, and monetary benefits,''.
(f) Project Prioritization.--The Watershed Protection and
Flood Prevention Act is amended by inserting after section 5
(16 U.S.C. 1005) the following new section:
[[Page 396]]
``SEC. 5A. FUNDING PRIORITIES.
``In making funding decisions under this Act, the Secretary
shall give priority to projects with one or more of the
following attributes:
``(1) Projects providing significant improvements in
ecological values and functions in the project area.
``(2) Projects that enhance the long-term health of local
economies or generate job or job training opportunities for
local residents, including Youth Conservation and Service
Corps participants and displaced resource harvesters.
``(3) Projects that provide protection to human health,
safety, and property.
``(4) Projects that directly benefit economically
disadvantaged communities and enhance participation by local
residents of such communities.
``(5) Projects that restore or enhance fish and wildlife
species of commercial, recreational, subsistence or
scientific concern.
``(6) Projects or components of projects that can be
planned, designed, and implemented within two years.''.
(g) Transfer of Funds.--The Watershed Protection and Flood
Prevention Act (16 U.S.C. 1001-1010) is amended by adding at
the end the following new section:
``SEC. 14. TRANSFERS OF FUNDS.
``The Secretary may accept transfers of funds from other
Federal departments and agencies in order to carry out
projects under this Act.''.
TITLE IV--MISCELLANEOUS
SEC. 401. INVESTMENT FOR AGRICULTURE AND RURAL AMERICA.
Section 5 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714c) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Make available $2,000,000,000 for the following
purposes:
``(1) Conducting rural development activities pursuant to
existing rural development authorities.
``(2) Conducting research, education, and extension
activities pursuant to existing research, education, and
extension authorities.''.
SEC. 402. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND
INSPECTION FEES.
Subsection (a) of section 2509 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (21 U.S.C. 136a) is
amended to read as follows:
``(a) Quarantine and Inspection Fees.--
``(1) Fees authorized.--The Secretary of Agriculture may
prescribe and collect fees sufficient--
``(A) to cover the cost of providing agricultural
quarantine and inspection services in connection with the
arrival at a port in the customs territory of the United
States, or the preclearance or preinspection at a site
outside the customs territory of the United States, of an
international passenger, commercial vessel, commercial
aircraft, commercial truck, or railroad car;
``(B) to cover the cost of administering this subsection;
and
``(C) through fiscal year 2002, to maintain a reasonable
balance in the Agricultural Quarantine Inspection User Fee
Account established under paragraph (5).
``(2) Limitation.--In setting the fees under paragraph (1),
the Secretary shall ensure that the amount of the fees are
commensurate with the costs of agricultural quarantine and
inspection services with respect to the class of persons or
entities paying the fees. The costs of the services with
respect to passengers as a class includes the costs of
related inspections of the aircraft or other vehicle.
``(3) Status of fees.--Fees collected under this subsection
by any person on behalf of the Secretary are held in trust
for the United States and shall be remitted to the Secretary
in such manner and at such times as the Secretary may
prescribe.
``(4) Late payment penalties.--If a person subject to a fee
under this subsection fails to pay the fee when due, the
Secretary shall assess a late payment penalty, and the
overdue fees shall accrue interest, as required by section
3717 of title 31, United States Code.
``(5) Agricultural quarantine inspection user fee
account.--
``(A) Establishment.--There is established in the Treasury
of the United States a no-year fund, to be known as the
`Agricultural Quarantine Inspection User Fee Account', which
shall contain all of the fees collected under this subsection
and late payment penalties and interest charges collected
under paragraph (4) through fiscal year 2002.
``(B) Use of account.--For each of the fiscal years 1996
through 2002, funds in the Agricultural Quarantine Inspection
User Fee Account shall be available, in such amounts as are
provided in advance in appropriations Acts, to cover the
costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. Amounts made available under this
subparagraph shall be available until expended.
``(C) Excess fees.--Fees and other amounts collected under
this subsection in any of the fiscal years 1996 through 2002
in excess of $100,000,000 shall be available for the purposes
specified in subparagraph (B) until expended, without further
appropriation.
``(6) Use of amounts collected after fiscal year 2002.--
After September 30, 2002, the unobligated balance in the
Agricultural Quarantine Inspection User Fee Account and fees
and other amounts collected under this subsection shall be
credited to the Department of Agriculture accounts that incur
the costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. The fees and other amounts shall remain
available to the Secretary until expended without fiscal year
limitation.
``(7) Staff years.--The number of full-time equivalent
positions in the Department of Agriculture attributable to
the provision of agricultural quarantine and inspection
services and the administration of this subsection shall not
be counted toward the limitation on the total number of full-
time equivalent positions in all agencies specified in
section 5(b) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 5 U.S.C. 3101 note) or other
limitation on the total number of full-time equivalent
positions.''.
SEC. 403. EVERGLADES AGRICULTURAL AREA.
(a) In General.--On July 1, 1996, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide $200,000,000 to the Secretary of the
Interior to carry out this section.
(b) Entitlement.--The Secretary of the Interior--
(1) shall accept the funds made available under subsection
(a);
(2) shall be entitled to receive the funds; and
(3) shall use the funds to conduct restoration activities
in the Everglades ecosystem, which may include acquiring
private acreage in the Everglades Agricultural Area including
approximately 52,000 acres that is commonly known as the
``Talisman tract''.
(c) Transferring Funds.--The Secretary of the Interior may
transfer funds to the Army Corps of Engineers, the State of
Florida, or the South Florida Water Management District to
carry out subsection (b)(3).
(d) Deadline.--Not later than December 31, 1999, the
Secretary of the Interior shall utilize the funds for
restoration activities referred to in subsection (b)(3).
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the nays had it.
Mr. STENHOLM demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
156
<3-line {>
negative
Nays
267
para.20.15 [Roll No. 41]
YEAS--156
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Becerra
Beilenson
Bentsen
Bevill
Bishop
Bonior
Borski
Brewster
Browder
Brown (CA)
Brown (OH)
Bryant (TX)
Camp
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frost
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennelly
Kildee
Klink
Klug
LaFalce
Lantos
Levin
Lewis (CA)
Lewis (GA)
Lincoln
Lipinski
Maloney
Manton
Markey
Martinez
Mascara
McCarthy
McDermott
McHale
Metcalf
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Moran
Morella
Neumann
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pomeroy
Poshard
Rahall
Reed
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Sensenbrenner
Serrano
Skaggs
Skelton
Spratt
Stenholm
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
NAYS--267
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Berman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
[[Page 397]]
Bono
Boucher
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Hall (OH)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Kleczka
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manzullo
Martini
Matsui
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Miller (FL)
Moakley
Molinari
Moorhead
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Owens
Oxley
Packard
Parker
Paxon
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stark
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Velazquez
Vento
Visclosky
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Collins (IL)
de la Garza
Furse
Hastings (FL)
Laughlin
McKinney
Rangel
Stokes
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. STENHOLM demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
270
<3-line {>
affirmative
Nays
155
para.20.16 [Roll No. 42]
YEAS--270
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Meek
Menendez
Meyers
Mica
Mink
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thompson
Thornberry
Tiahrt
Torricelli
Upton
Visclosky
Vucanovich
Waldholtz
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NAYS--155
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Blute
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Collins (MI)
Conyers
Coyne
DeFazio
DeLauro
Dellums
Dicks
Dixon
Doggett
Dooley
Doyle
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Gejdenson
Gephardt
Geren
Gibbons
Goss
Green
Gutierrez
Hall (OH)
Harman
Hinchey
Hoke
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Livingston
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meehan
Metcalf
Miller (CA)
Miller (FL)
Minge
Moakley
Moran
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pomeroy
Rahall
Rangel
Reed
Rivers
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schroeder
Schumer
Sensenbrenner
Serrano
Skaggs
Slaughter
Stark
Studds
Stupak
Taylor (MS)
Tejeda
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Volkmer
Wamp
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Yates
Zimmer
NOT VOTING--6
Collins (IL)
de la Garza
Furse
Hastings (FL)
McKinney
Stokes
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.20.17 clerk to correct engrossment
On motion of Mr. ROBERTS, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill, the Clerk be
authorized to make such technical and conforming changes as may be
necessary to correct such things as spelling, punctuation, section
mumbering and cross-referencing.
para.20.18 motion to instruct conferees--h.r. 956
Mr. CONYERS submitted the privileged motion to instruct the managers
on the part of the House at the conference with the Senate on the
disagreeing votes of the two Houses on the Senate amendment to the bill
(H.R. 956) to establish legal standards and procedures for product
liability litigation, and for other purposes, to insist upon the
provisions contained in section 107 of the House bill.
After debate,
[[Page 398]]
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. CONYERS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
256
When there appeared
<3-line {>
Nays
142
para.20.19 [Roll No. 43]
YEAS--256
Abercrombie
Allard
Andrews
Baesler
Baldacci
Barcia
Barr
Barrett (WI)
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Burton
Cardin
Chapman
Chenoweth
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Edwards
Emerson
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gillmor
Gonzalez
Goodling
Gordon
Graham
Green
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Harman
Hayes
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Holden
Horn
Houghton
Hoyer
Hunter
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McInnis
McIntosh
Meek
Menendez
Metcalf
Meyers
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pombo
Pomeroy
Poshard
Pryce
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Scarborough
Schiff
Schroeder
Schumer
Scott
Serrano
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (MI)
Smith (WA)
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Whitfield
Williams
Wise
Wolf
Woolsey
Wynn
Yates
NAYS--142
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Bryant (TN)
Bunning
Burr
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Cremeans
Cubin
Davis
DeLay
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ewing
Fawell
Flanagan
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gilman
Goodlatte
Goss
Greenwood
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Heineman
Hoekstra
Hoke
Hostettler
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kelly
Kim
King
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Livingston
Lucas
Manzullo
McCollum
McHugh
McKeon
Mica
Miller (FL)
Molinari
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Oxley
Packard
Paxon
Porter
Portman
Quinn
Radanovich
Ros-Lehtinen
Sanford
Saxton
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Skeen
Smith (NJ)
Smith (TX)
Solomon
Stump
Thomas
Thornberry
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Weldon (FL)
White
Wicker
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--33
Ackerman
Calvert
Chrysler
Clay
Collins (IL)
de la Garza
Durbin
Ehrlich
Everett
Fields (TX)
Filner
Furse
Gutierrez
Hastings (FL)
Hilliard
Jacobs
Linder
McCrery
McKinney
McNulty
Meehan
Miller (CA)
Montgomery
Parker
Pickett
Quillen
Rose
Salmon
Shaw
Stokes
Velazquez
Watts (OK)
Wilson
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.20.20 providing for the consideration of h.r. 994
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-464) the resolution (H. Res. 368) providing for consideration of the
bill (H.R. 994) to require the periodic review and automatic termination
of Federal regulations.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.20.21 coast guard authorization
On motion of Mr. COBLE, by unanimous consent, the bill of the Senate
(S. 1004) to authorize appropriations for the United States Coast Guard,
and for other purposes; was taken from the Speaker's table, considered
and read twice; and
The following amendment was agreed to:
Strike out all after the enacting clause and insert the
provisions of H.R. 1361, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed; and a motion to reconsider the vote
whereby said bill, as amended, was passed was laid on the table; and
The House insisted upon its amendment and requested a conference with
the Senate on the disagreeing votes of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. HASTINGS of Washington, by
unanimous consent, announced the appointment of the following Members as
managers on the part of the House at said conference:
From the Committee on Transportation and Infrastructure, for
consideration of the Senate bill and the House amendment, and
modifications committed to conference: Messrs. Shuster, Young of Alaska,
Coble, Mrs. Fowler, and Messrs. Baker of California, Oberstar, Clement,
and Poshard.
From the Committee on the Judiciary, for consideration of section 901
of the Senate bill, and section 430 of the House amendment, and
modifications committed to conference: Messrs. Hyde, McCollum, and
Conyers.
Ordered, That the Clerk notify the Senate thereof.
para.20.22 adjournment over
On motion of Mr. FUNDERBURK, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
2:00 p.m. on Monday, March 4, 1996.
para.20.23 calendar wednesday business dispensed with
On motion of Mr. FUNDERBURK, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
6, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.20.24 permission to file conference report
On motion of Mr. FUNDERBURK, by unanimous consent, the managers on the
part of the House were granted permission until 5 p.m., Friday, March 1,
1996, to file a conference report on the bill (H.R. 927) to seek
international sanctions against the Castro government in Cuba, to plan
for support of a transition government leading to a
[[Page 399]]
democratically elected government in Cuba, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
And then,
para.20.25 adjournment
On motion of Mr. WELDON of Pennsylvania, pursuant to the special order
heretofore agreed to, at 6 o'clock and 18 minutes p.m., the House
adjourned until 2 o'clock p.m. on Monday, March 4, 1996.
para.20.26 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOSS: Committee on Rules. House Resolution 368.
Resolution providing for consideration of the bill (H.R. 994)
to require the periodic review and automatic termination of
Federal regulations (Rept. No. 104-464). Referred to the
House Calendar.
Mr. ARCHER: Committee on Ways and Means. H.R. 2778. A bill
to provide that members of the Armed Forces performing
services for the peacekeeping effort in the Republic of
Bosnia and Herzegovina shall be entitled to certain tax
benefits in the same manner as if such services were
performed in a combat zone; with amendments (Rept. No. 104-
465). Referred to the Committee of the Whole House on the
State of the Union.
Mr. ARCHER: Committee on Ways and Means. H.R. 2853. A bill
to authorize the extension of nondiscriminatory treatment
(most-favored-nation treatment) to the products of Bulgaria
(Rept. No. 104-466). Referred to the Committee of the Whole
House on the State of the Union.
para.20.27 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. DeLAURO:
H.R. 2991. A bill to require the U.S. Sentencing Commission
to amend the sentencing guidelines to provide that a
defendant convicted of a crime receive an appropriate
sentence enhancement if the defendant possessed a firearm
with a laser sighting device during the crime; to the
Committee on the Judiciary.
By Mr. DOOLITTLE (for himself, Mr. Sam Johnson, Mr.
Burton of Indiana, Mr. Dornan, Mr. Istook, Mr.
Hutchinson, Mr. Bartlett of Maryland, Mr. Hastings of
Washington, Mr. Christensen, Mr. Weller, Mr.
Cunningham, Mrs. Seastrand, Mr. Stockman, Mr.
Cremeans, Mr. Rohrabacher, Mr. Frost, Mr. Crane, Mr.
Herger, Mr. Saxton, Mr. Cooley, Mr. Hancock, Mr.
Ewing, Mr. Hostettler, Mr. Tiahrt, Mr. Barr, Mr.
Weldon of Florida, Mrs. Kelly, and Mr. Ensign):
H.R. 2992. A bill to combat crime; to the Committee on the
Judiciary, and in addition to the Committees on Economic and
Educational Opportunities, International Relations, Commerce,
Resources, and Banking and Financial Services, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HOBSON:
H.R. 2993. A bill to establish the Forrestal Institute, and
for other purposes; to the Committee on National Security.
By Mrs. JOHNSON of Connecticut (for herself and Mr.
Matsui):
H.R. 2994. A bill to amend the Internal Revenue Code of
1986 to provide for the extension of certain expiring
provisions; to the Committee on Ways and Means.
By Mrs. LOWEY:
H.R. 2995. A bill to provide that service of the members of
the group known as the United States Cadet Nurse Corps during
World War II constituted active military service for the
purposes of any law administered by the Department of
Veterans' Affairs; to the Committee on Veterans' Affairs, and
in addition to the Committee on National Security, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McCOLLUM:
H.R. 2996. A bill to create a commission to encourage
cooperation between public sector law enforcement agencies
and private sector security professionals to control crime;
to the Committee on the Judiciary.
By Mr. METCALF:
H.R. 2997. A bill to establish certain criteria for
administrative procedures to extend Federal recognition to
certain Indian groups, and for other purposes; to the
Committee on Resources.
By Mr. TORRICELLI:
H.R. 2998. A bill to amend the Internal Revenue Code of
1986 to allow a credit for increases in the worker retraining
expenditures of employers; to the Committee on Ways and
Means.
H.R. 2999. A bill to amend the Internal Revenue Code of
1986 to exclude certain severance payment amounts from
income; to the Committee on Ways and Means.
By Mr. VISCLOSKY (for himself, Mr. Hostettler, Mr.
Burton of Indiana, Mr. Buyer, Mr. Hamilton, Mr.
Jacobs, Mr. McIntosh, Mr. Myers of Indiana, Mr.
Roemer, and Mr. Souder):
H.R. 3000. A bill to amend title 23, United States Code, to
improve safety at public railway-highway crossings, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Ms. WATERS (for herself, Mr. Frazer, Mr. Payne of
New Jersey, Mr. McDermott, Ms. Norton, Mr. Fazio of
California, Mr. Conyers, Mr. Dellums, Mr. Gene Green
of Texas, Mr. Sanders, Ms. Jackson-Lee, Mrs. Meek of
Florida, Ms. Lofgren, Ms. Pelosi, Mrs. Maloney, Mr.
Romero-Barcelo, Mr. Pastor, Mr. Frost, Mrs. Clayton,
Mr. Filner, Mrs. Morella, Mr. Clyburn, Ms. Brown of
Florida, Ms. Roybal-Allard, Ms. Eddie Bernice Johnson
of Texas, Ms. McKinney, Ms. Velazquez and, Mr. Farr):
H.R. 3001. A bill to amend the Public Health Service Act to
provide for expanding, intensifying, and coordinating
activities of the National Heart, Lung, and Blood Institute
with respect to heart attack, stroke, and other
cardiovascular diseases in women; to the Committee on
Commerce.
By Mr. CLINGER:
H. Res. 369. Resolution to provide to the Committee on
Government Reform and Oversight special authorities to obtain
testimony for purposes of investigation and study of the
White House Travel Office matter; to the Committee on Rules.
para.20.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Horn, Mr. Wilson, Mr. Peterson of Minnesota,
Mr. Crane, Mr. Manton, Ms. Dunn of Washington, Mr. Metcalf,
and Mr. Hutchinson.
H.R. 103: Mr. Ortiz.
H.R. 104: Mr. Johnston of Florida.
H.R. 109: Mr. Dixon.
H.R. 294: Mr. McHugh, Mr. Neal of Massachusetts, Mr. Bryant
of Texas, and Mr. LaFalce.
H.R. 303: Mr. Horn, Mr. Wilson, Mr. Sensenbrenner, Mr.
Peterson of Minnesota, Mr. Crane, Ms. Dunn of Washington, Mr.
Metcalf, and Mr. Jefferson.
H.R. 447: Mr. Clyburn.
H.R. 777: Mr. LaTourette, Mr. Tate, and Mr. Tiahrt.
H.R. 778: Mr. LaTourette and Mr. Tiahrt.
H.R. 833: Mr. Meehan, Mr. Yates, and Mr. Filner.
H.R. 957: Mr. Weldon of Pennsylvania and Mrs. Roukema.
H.R. 972: Mr. Andrews and Mr. Johnson of South Dakota.
H.R. 1042: Mr. Hayworth.
H.R. 1202: Mr. Neal of Massachusetts and Mr. Poshard.
H.R. 1279: Mr. Bliley, Mr. Scarborough, Mr. Crane, and Mrs.
Fowler.
H.R. 1406: Mr. Hinchey, Mr. Frank of Massachusetts, Ms.
McCarthy, and Mrs. Chenoweth.
H.R. 1483: Mr. Johnson of South Dakota.
H.R. 1493: Mr. Klink.
H.R. 1500: Mr. Costello and Ms. Jackson-Lee.
H.R. 1575: Mr. Emerson.
H.R. 1610: Mr. Bono.
H.R. 1627: Mr. Dicks and Mr. Wamp.
H.R. 1684: Mr. Gingrich, Mr. Canady, Mrs. Myrick, Mr.
Deutsch, Mr. Clement, Mr. Hastert, Mr. Hilliard, Mr. Ewing,
Mr. Roth, Mr. Miller of California, Mr. Cox, Mr. Regula, Mr.
Bryant of Texas, Mr. Flanagan, Mr. Souder, and Mrs. Maloney.
H.R. 1711: Mr. Roth and Mr. Ewing.
H.R. 1776: Ms. Slaughter, Mr. Levin, Ms. Eddie Bernice
Johnson of Texas, Mrs. Clayton, Mr. Rahall, Mr. Largent, Mr.
Bishop, Ms. Molinari, Mr. Coburn, and Mr. Moorhead.
H.R. 1801: Mr. Camp.
H.R. 1828: Mr. Gene Green of Texas, Mr. Dornan, Mr. Hall of
Texas, Mr. Frazer, Mr. Wilson, Mrs. Fowler, and Mr. Frost.
H.R. 1884: Mr. Hastings of Florida.
H.R. 2128: Mr. Crane, Mr. Bartlett of Maryland, Mr.
Campbell, and Mr. Deal of Georgia.
H.R. 2167: Mr. Abercrombie, Mr. Cramer, Mr. Engel, Mrs.
Lowey, Mr. Markey, Mr. Smith of New Jersey, Mr. Matsui, Mr.
Frost, Ms. DeLauro, Mr. Studds, and Mr. Allard.
H.R. 2214: Mr. Frank of Massachusetts.
H.R. 2306: Mr. Johnston of Florida and Mr. Taylor of North
Carolina.
H.R. 2320: Mr. Hayes, Ms. Lofgren, Mr. Whitfield, Mr.
Oxley, Mr. Klug, Mr. Blute, Mr. Bilbray, Mr. Coburn, Mrs.
Myrick, Mr. Petri, Mr. Shuster, Mr. Johnston of Florida, and
Mr. Schiff.
H.R. 2323: Mr. Johnson of South Dakota and Mr. Ehlers.
H.R. 2333: Mr. Laughlin and Mr. Bonilla.
H.R. 2344: Mr. Romero-Barcelo.
H.R. 2429: Mr. Mascara, Mr. Cardin, and Mr. Sanders.
H.R. 2458: Mr. Foley, Mr. Yates, Mr. Ackerman, Mr. Torres,
Mr. Coyne, and Mr. Towns.
H.R. 2463: Mr. Hastings of Florida.
H.R. 2498: Mr. Lipinski.
H.R. 2499: Mr. Lipinski.
H.R. 2506: Mr. Oberstar and Mr. Crapo.
H.R. 2548: Mr. Bartlett of Maryland, Mr. Roberts, Mr.
Goodlatte, Mr. Schaefer, and Mr. Lewis of Kentucky.
H.R. 2566: Mr. McDermott.
H.R. 2602: Mr. Foley.
H.R. 2607: Mr. McCollum, Mr. Montgomery, Mr. Doyle, Mr.
Towns, Mr. Scar
[[Page 400]]
borough, Mr. Ward, Ms. Norton, Mr. Faleomavaega, Mr. McNulty,
Mr. Manton, Mr. Ackerman, Mr. Frelinghuysen, Mr. Filner, Mr.
Frost, Mr. English of Pennsylvania, Ms. Slaughter, Mr. Gene
Green of Texas, Mr. Visclosky, and Mr. Pallone.
H.R. 2635: Mr. English of Pennsylvania.
H.R. 2641: Mr. Schumer.
H.R. 2651: Mr. Oberstar, Mr. Scarborough, Mr. Smith of
Michigan, Mr. Bartlett of Maryland, and Mr. Young of Alaska.
H.R. 2723: Mr. Linder.
H.R. 2727: Mrs. Myrick, Mr. Coburn, and Mr. Bartlett of
Maryland.
H.R. 2745: Mr. Fawell, Mr. Goss, Mr. Martinez, Mr. Stokes,
Mr. Lazio of New York, Mr. Schumer, and Mr. McNulty.
H.R. 2803: Mr. Petri and Mr. Kleczka.
H.R. 2807: Mr. Weldon of Pennsylvania.
H.R. 2820: Mr. Brewster, Mr. Ackerman, Mr. Bartlett of
Maryland, Mr. Hancock, Mr. Dooley, Mr. Engel, and Mr.
McCollum.
H.R. 2867: Mr. Baker of Louisiana, Mr. Weldon of Florida,
Mr. Nethercutt, Mr. Rogers, Mr. Hancock, Mr. Graham, and Mr.
Tiahrt.
H.R. 2900: Mr. Barrett of Nebraska, Mr. Bono, and Mr.
Coburn.
H.R. 2908: Mrs. Smith of Washington, Mr. Nethercutt, Mr.
Tate, Ms. Dunn of Washington, and Mr. Herger.
H.R. 2922: Mr. Frost.
H.R. 2928: Mrs. Chenoweth and Mr. Hutchinson.
H.R. 2933: Mr. Evans, Ms. Lofgren, and Mr. Brown of Ohio.
H.R. 2938: Mr. Whitfield, Mr. Greenwood, Mr. Duncan, Mr.
Schaefer, and Mr. Payne of Virginia.
H.R. 2959: Mr. Conyers, Mr. Andrews, Mr. Payne of New
Jersey, and Mr. Foley.
H.R. 2972: Mr. Gillmor, Mr. Klug, Mr. Frisa, and Mr.
Hastert.
H.R. 2976: Mr. Frisa, Mr. Hansen, Mr. Jacobs, Mr. Leach,
Mr. Lightfoot, Ms. Norton, Mr. Thompson, and Mrs. Thurman.
H.R. 2979: Mr. Coburn.
H. Con. Res. 5: Mr. Herger.
H. Con. Res. 23: Mr. Costello, Ms. Eddie Bernice Johnson of
Texas, Mr. Markey, Mr. Clement, and Mr. Romero-Barcelo.
H. Con. Res. 31: Mr. Doyle.
H. Con. Res. 102: Mrs. Meyers of Kansas.
H. Con. Res. 103: Mr. Foglietta and Ms. Furse.
H. Con. Res. 120: Mr. McIntosh, Mr. Levin, Mr. Frank of
Massachusetts, Mr. Lipinski, Ms. Slaughter, Mr. Smith of New
Jersey, Mr. Bateman, Mr. Foglietta, and Mrs. Maloney.
H. Con. Res. 125: Mr. Sensenbrenner.
H. Con. Res. 135: Mr. Lewis of Georgia, Mr. Brown of Ohio,
Mr. Meehan, and Ms. Norton.
H. Con. Res. 138: Mr. Manzullo, Mr. Payne of New Jersey,
Mr. Porter, Mr. Funderburk, and Mrs. Morella.
H. Con. Res. 140: Mr. Payne of New Jersey, Mr. Funderburk,
Mr. Torkildsen, Ms. Norton, Mr. Underwood, Mrs. Meek of
Florida, and Mr. Hastings of Florida.
H. Res. 30: Mr. Clement, Mr. LaTourette, Mr. Poshard, Mr.
Franks of Connecticut, and Mr. LoBiondo.
H. Res. 114: Mr. Andrews.
H. Res. 286: Mrs. Schroeder, Mr. Minge, Mr. Poshard, Mr.
Filner, and Mr. Barrett of Wisconsin.
H. Res. 347: Mr. Brown of Ohio, Mrs. Meek of Florida, Mr.
Stockman, Ms. Norton, and Mr. Hall of Ohio.
para.20.29 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 491: Mr. Gejdenson.
H.R. 1202: Mr. Tejeda.
H.R. 1834: Mr. Metcalf.
.
MONDAY, MARCH 4, 1996 (21)
para.21.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. BARRETT
of Nebraska, who laid before the House the following communication:
Washington, DC,
March 4, 1996.
I hereby designate the Honorable Bill Barrett to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.21.2 approval of the journal
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced he had
examined and approved the Journal of the proceedings of Thursday,
February 29, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.21.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2147. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred at the Oklahoma City Air Logistics Center,
Tinker Air Force Base, OK, pursuant to 31 U.S.C. 1517(b); to
the Committee on Appropriations.
2148. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 10th monthly report pursuant to
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
2149. A letter from the Chair, Christopher Columbus
Fellowship Foundation, transmitting annual report of the
Christopher Columbus Fellowship Foundation for fiscal year
1995, pursuant to Public Law 101-281, section 429(b) (106
Stat. 145); to the Committee on Banking and Financial
Services.
2150. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Ukraine, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
2151. A letter from the Acting Assistant Secretary,
Department of Education, transmitting final regulations--
State grants program for technology--related assistance for
individuals with disabilities, pursuant to 20 U.S.C.
1232(d)(i); to the Committee on Economic and Educational
Opportunities.;
2152. A letter from the Secretary of Education,
transmitting final regulations--Education Department general
administrative regulations [EDGAR]--direct grant programs,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Economic and Educational Opportunities.
2153. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting a report on various issues of the
Safety Research Program of the Nuclear Regulatory Commission,
pursuant to 42 U.S.C. 2039; to the Committee on Commerce.
2154. A letter from the Chair, Federal Labor Relations
Authority, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2155. A letter from the Executive Director, Federal
Retirement Thrift Investment Board, transmitting activities
under the Freedom of Information Act, for the calendar year
1995, pursuant to 5 U.S.C. 552(e); to the Committee on
Government Reform and Oversight.
2156. A letter from the Administrator, General Services
Administration, transmitting the annual report of personal
property furnished to non-Federal recipients for fiscal years
1992 through 1994, pursuant to 40 U.S.C. 483(e); to the
Committee on Government Reform and Oversight.
2157. A letter from the Commission, International Boundary
and Water Commission, transmitting a report of activities
under the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
2158. A letter from the General Counsel, National Science
Foundation, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2159. A letter from the Director, National Science
Foundation, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2160. A letter from the Chairman, National Transportation
Safety Board, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552; to the Committee on Government Reform and
Oversight.
2161. A letter from the Deputy Director, Office of Federal
Housing Enterprise Oversight, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1995, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Reform and Oversight.
2162. A letter from the Director, Office of Management and
Budget, transmitting a report of activities under the Freedom
of Information Act for calendar year 1995, pursuant to 5
U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2163. A letter from the Director, Office of Office of
Science and Technology Policy, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1995, pursuant to 5 U.S.C. 552(e); to the Committee on
Government Reform and Oversight.
2164. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-10: Eligibility of Bosnia
and Herzegovina to be Furnished Defense Articles and Services
Under the Foreign Assistance Act and the Arms Export Control
Act, pursuant to section 503(a) of the Foreign Assistance Act
of 1961, as amended and section 3(a)(1) of the Arms Export
Control Act; to the Committee on International Relations.
2165. A letter from the Executive Director, Pennsylvania
Avenue Development Corporation, transmitting a report of
activities under the Freedom of Information Act for calendar
year 1995, pursuant to 5 U.S.C. 552; to the Committee on
Government Reform and Oversight.
2166. A letter from the Railroad Retirement Board,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2167. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
of activities under the Freedom of Information Act for
calendar year 1995, pursuant to 5 U.S.C. 552(e); to the
[[Page 401]]
Committee on Government Reform and Oversight.
2168. A letter from the Director, U.S. Trade and
Development Agency, transmitting a report of activities under
the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2169. A letter from the Chairman, U.S. International Trade
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2170. A letter from the Marshal of the Court, Supreme Court
of the United States, transmitting the annual report on
administrative costs of protecting Supreme Court Officials,
pursuant to 40 U.S.C. 13n(c); to the Committee on the
Judiciary.
2171. A letter from the Secretary of Commerce, transmitting
the 1995 annual report of the visiting committee on advanced
technology of the National Institute of Standards and
Technology [NIST], U.S. Department of Commerce, pursuant to
Public Law 100-418, section 5131(b) (102 Stat. 1443); to the
Committee on Science.
2172. A letter from the Chairman, U.S. International Trade
Commission, transmitting a copy of the 84th quarterly report
on trade between the United States and China, the successor
states to the former Soviet Union and other title IV
countries during July-September 1995, pursuant to 19 U.S.C.
2440; to the Committee on Ways and Means.
2173. A letter from the Chair, Defense Environmental
Response Task Force, transmitting a report on the actions of
the Defense Environmental Response Task Force; jointly, to
the Committees on National Security and Commerce.
para.21.4 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, March 1, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, March 1st
at 3:25 p.m. and said to contain a message from the President
whereby he notifies the Congress of the declaration of a
national emergency with respect to Cuba.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.21.5 national emergency with respect to cuba
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Pursuant to section 1 of title II of Public Law 65-24, ch. 30, 50
U.S.C. 191 and sections 201 and 301 of the National Emergencies Act, 50
U.S.C. 1601 et seq., United States Code, I hereby report that I have
exercised my statutory authority to declare a national emergency in
response to the Government of Cuba's destruction of two unarmed U.S.-
registered civilian aircraft in international airspace north of Cuba.
In the proclamation, I have authorized and directed the Secretary of
Transportation to make an issue such rules and regulations that the
Secretary may find appropriate to prevent unauthorized U.S. vessels from
entering Cuban territorial waters.
I have authorized these rules and regulations as a result of the
Government of Cuba's demonstrated willingness to use reckless force,
including deadly force, in the ostensible enforcement of its
sovereignty. I have determined that the unauthorized departures of
vessels intending to enter Cuban territorial waters could jeopardize the
safety of certain U.S. citizens and other persons residing in the United
States and threaten a disturbance of international relations. I have,
accordingly, declared a national emergency in response to these threats.
William J. Clinton.
The White House, March 1, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-181).
para.21.6 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following dates present to the President, for his
approval, bills of the House of the following titles:
On February 23, 1996:
H.R. 1718. An Act to designate the United States courthouse
located at 197 Main Street in Wilkes-Barre, Pennsylvania, as
the ``Max Rosenn United States Courthouse.''
On February 28, 1996:
H.R. 2196. An Act to amend the Stevenson-Wydler Technology
Innovation Act of 1980 with respect to inventions made under
cooperative research and development agreements, and for
other purposes.
para.21.7 leave of absence
By unanimous consent, leave of absence was granted to Mr. STOKES, for
today through March 15.
And then,
para.21.8 adjournment
On motion of Mr. McINTOSH, at 2 o'clock and 17 minutes p.m., the House
adjourned.
para.21.9 reports of committees on public bills an resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ARCHER: Committee on Ways and Means. H.R. 2969. A bill
to eliminate the Board of Tea Experts by repealing the Tea
Importation Act of 1897 (Rept. No. 104-467 Pt. 1). Ordered to
be printed.
Mr. GILMAN: Committee of Conference. Conference report on
H.R. 927. A bill to seek international sanctions against the
Castro government in Cuba, to plan for support of a
transition government leading to a democratically elected
government in Cuba, and for other purposes (Rept. No. 104-
468). Ordered to be printed.
Mr. HYDE: Committee on the Judiciary. H.R. 2202. A bill to
amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by
increasing penalties for alien smuggling and for document
fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes; with
an amendment (Rept. No. 104-469, Pt. 1). Ordered to be
printed.
para.21.10 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2202. Referral to the Committees on Agriculture,
Banking and Financial Services, Economic and Educational
Opportunities, Government Reform and Oversight, National
Security, and Ways and Means extended for a period ending not
later than March 8, 1996.
H.R. 2969. Referral to the Committee on commerce extended
for a period ending not later than March 7, 1996.
para.21.11 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. EWING (for himself and Mr. Lewis of Kentucky):
H.R. 3002. A bill to amend the Higher Education Act of 1965
to exempt certain small lenders from the audit requirements
of the guaranteed student loan program; to the Committee on
Economic and Educational Opportunities.
para.21.12 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 580: Mr. Pastor and Ms. Slaughter.
H.R. 842: Mr. Allard and Mr. Greenwood.
H.R. 989: Ms. Lofgren.
H.R. 1143: Mr. Minge.
H.R. 1496: Mr. Payne of Virginia and Mr. Frelinghuysen.
H.R. 1733: Mr. Quillen.
H.R. 1884: Ms. Eshoo.
H.R. 1965: Mr. Schumer and Mr. McNulty.
H.R. 2655: Mr. Schumer.
H.R. 2676: Mr. Pete Geren of Texas.
H.R. 2751: Mr. Cramer.
H.R. 2827: Mr. Gonzalez.
H.R. 2856: Mr. Clyburn.
H.R. 2922: Mr. Costello.
H. Con. Res. 21: Mr. Johnston of Florida.
H. Con. Res. 145: Mr. Brown of Ohio, Mr. Berman, Mr.
Frazer, Mrs. Kennelly, Ms. Slaughter, Mr. Porter and Mrs.
Meyers.
para.21.13 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
64. By the SPEAKER: Petition of the city council of the
city of Seattle, WA, relative to the council's opposition to
the proposed immigration legislation currently before the
U.S. Senate and strongly urging its defeat as a bill which
imposes unfair and unwise restrictions on legal immigration;
to the Committee on the Judiciary.
65. Also, petition of the city council of Toledo, OH,
relative to the Great Lakes Critical Programs Act; to the
Committee on Transportation And Infrastructure.
[[Page 402]]
.
TUESDAY, MARCH 5, 1996 (22)
para.22.1 designation of speaker pro tempore
The House was called to order at 9:30 a.m. by the SPEAKER pro tempore,
Mr. REGULA, who laid before the House the following communication:
Washington, DC,
March 5, 1996.
I hereby designate the Honorable Ralph Regula to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.22.2 recess--9:53 a.m.
The SPEAKER pro tempore, Mr. REGULA, pursuant to clause 12 of rule I,
declared the House in recess until 11:00 a.m.
para.22.3 after recess--11:00 a.m.
The SPEAKER pro tempore, Mr. ROGERS, called the House to order.
para.22.4 approval of the journal
The SPEAKER pro tempore, Mr. ROGERS, announced he had examined and
approved the Journal of the proceedings of Monday, March 4, 1996.
Mr. GOSS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. ROGERS, announced that the yeas had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.22.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2174. A communication from the President of the United
States, transmitting his requests for emergency fiscal year
1996 supplemental appropriations for emergency expenses
related to recent natural disasters in the United States and
the Virgin Islands, and to designate the amount made
available as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, pursuant to 31 U.S.C. 1107
(H. Doc. No. 104-183); to the Committee on Appropriations and
ordered to be printed.
2175. A letter from the Secretary of Energy, transmitting
notification of the Department's intention to contract the
sale of Naval Petroleum Reserve Numbered 1, also known as the
Elk Hills Reserve without providing for the use of
competitive procedures; to the Committee on National
Security.
2176. A letter from the Secretary of Education,
transmitting final priority--Research in Education of
Individuals with Disabilities Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Economic and Educational
Opportunities.
2177. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled
``Ambulatory Surgery, Preadmission Testing, and Same-day
Surgery: State Medicaid Programs' Experience and Findings
from the Literature,'' pursuant to Public Law 101-508,
section 4755(b)(3)(d) (104 Stat. 1388-210); to the Committee
on Commerce.
2178. A letter from the Acting Secretary of State,
transmitting a list of all potential sales and licensed
commercial exports under the act of major weapons or weapons-
related defense equipment valued at $7 million or more, or of
any other weapons or weapons-related defense equipment valued
at $25 million or more, which the administration considers
eligible for approval during the calendar year 1996 and which
may, therefore, result in notification to the Congress this
year, pursuant to section 25(a)(1) of the Arms Export Control
Act; to the Committee on International Relations.
2179. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on the
progress made toward opening the U.S. Embassy in Jerusalem,
pursuant to Public Law 104-45, section 6 (109 Stat. 400); to
the Committee on International Relations.
2180. A letter from the Executive Director, Committee for
Purchase from People who are Blind or Severely Disabled,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2181. A letter from the Director, Communications and
Legislative Affairs, Equal Employment Opportunity Commission,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552; to the Committee on Government Reform and Oversight.
2182. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
2183. A letter from the Chairman, Federal Maritime
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
2184. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting a report of activities
under the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552; to the Committee on Government
Reform and Oversight.
2185. A letter from the National Endowment for Democracy,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2186. A letter from the Chairman, Securities and Exchange
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(b); to the Committee on Government Reform and
Oversight.
2187. A letter from the Chairman, U.S. Merit Systems
Protection Board, transmitting a report of activities under
the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2188. A letter from the U.S. Copyright Office, transmitting
a report of activities under the Freedom of Information Act
for calendar year 1995, pursuant to 5 U.S.C. 552; to the
Committee on Government Reform and Oversight.
2189. A letter from the Director, U.S. Information Agency,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(d); to the Committee on Government Reform and Oversight.
2190. A letter from the U.S. Trade Representative,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2191. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the President's
March 1, 1996, determination regarding certification of the
31 major illicit narcotics producing and transit countries,
pursuant to 22 U.S.C. 2291; to the Committee on International
Relations.
para.22.6 committees and subcommittees to sit
On motion of Mr. GOSS, by unanimous consent, the following committees
and their subcommittees were granted permission to sit during the 5-
minute rule today: the Committee on Agriculture, the Committee on
Commerce, the Committee on Government Reform and Oversight, the
Committee on International Relations, the Committee on National
Security, the Committee on Resources, the Committee on Transportation
and Infrastructure, the Committee on Veterans' Affairs, and the
Permanent Select Committee on Intelligence.
para.22.7 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
para.22.8 subpoena
The SPEAKER pro tempore, Mr. ROGERS, laid before the House the
following communication from the Clerk of the House:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, February 27, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court for Baltimore City, Maryland. This subpoena relates to
her employment by former Representative Kweisi Mfume.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Robin H. Carle,
Clerk of the House.
para.22.9 tax benefits for u.s. troops in bosnia
Mr. BUNNING moved to suspend the rules and pass the bill (H.R. 2778)
to provide that members of the Armed Forces performing services for the
peacekeeping effort in the Republic of Bosnia and Herzegovina shall be
entitled to certain tax benefits in the same manner as if such services
were performed in a combat zone; as amended.
[[Page 403]]
The SPEAKER pro tempore, Mr. ROGERS, recognized Mr. BUNNING and Mr.
GIBBONS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. ROGERS, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. BUNNING objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.22.10 mfn status for bulgaria
Mr. CRANE moved to suspend the rules and pass the bill (H.R. 2853) to
authorize the extension of nondiscriminatory treatment (most-favored-
nation treatment) to the products of Bulgaria.
The SPEAKER pro tempore, Mr. ROGERS, recognized Mr. CRANE and Mr.
GIBBONS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. ROGERS, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. CRANE objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.22.11 gambling impact and policy commission
Mr. HYDE moved to suspend the rules and pass the bill (H.R. 497) to
create the National Gambling Impact and Policy Commission; as amended.
The SPEAKER pro tempore, Mr. ROGERS, recognized Mr. HYDE and Mr.
FRANK, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. ROGERS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.22.12 message from the president--arctic research policy center
The SPEAKER pro tempore, Mr. ROGERS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 108(b) of Public Law 98-373 (15 U.S.C.
4701(b)), I transmit herewith the Sixth Biennial Report of the
Interagency Arctic Research Policy Committee (February 1, 1994 to
January 31, 1996).
William J. Clinton.
The White House, March 5, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Science.
para.22.13 message from the president--impoundment control
The SPEAKER pro tempore, Mr. ROGERS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report one revised deferral, totaling $91
million, and two proposed rescissions of budgetary resources, totaling
$15 million.
The deferral affects the Department of State U.S. emergency refugee
and migration assistance fund. The rescission proposals affect the
Department of Agriculture and the General Services Administration.
William J. Clinton.
The White House, March 5, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-182).
para.22.14 recess--12:36 p.m.
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 12 of rule I,
declared the House in recess at 12 o'clock and 36 minutes p.m., until
approximately 1:00 o'clock p.m.
para.22.15 after recess--1:00 p.m.
The SPEAKER pro tempore, Mr. ROGERS, called the House to order.
para.22.16 recess--2:15 p.m.
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 12 of rule I,
declared the House in recess at 2 o'clock and 15 minutes p.m., until
approximately 3:00 o'clock p.m.
para.22.17 after recess--3:01 p.m.
The SPEAKER pro tempore, Mr. ROGERS, called the House to order.
para.22.18 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, March 4, 1995.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. ROGERS, announced that the yeas had it.
So the Journal was approved.
para.22.19 h.r. 2778--unfinished business
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 2778) to provide that members of the Armed
Forces performing services for the peacekeeping effort in the Republic
of Bosnia and Herzegovina shall be entitled to certain tax benefits in
the same manner as if such services were performed in a combat zone; as
amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. ROGERS, announced that two-thirds of
those present had voted in the affirmative.
Mr. BUNNING objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
416
When there appeared
<3-line {>
Nays
0
para.22.20 [Roll No. 44]
YEAS--416
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
[[Page 404]]
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Abercrombie
Brown (FL)
Chenoweth
Collins (MI)
DeFazio
Durbin
Ehrlich
Kaptur
LaTourette
Lipinski
McCarthy
Morella
Ortiz
Stokes
Wynn
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide that members of the Armed Forces performing services for the
peacekeeping efforts in Bosnia and Herzegovina, Croatia, and Macedonia
shall be entitled to tax benefits in the same manner as if such services
were performed in a combat zone, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.22.21 h.r. 2853--unfinished business
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2853) to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment) to the
products of Bulgaria.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. ROGERS, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.22.22 committee resignation--minority
The SPEAKER pro tempore, Mr. ROGERS, laid before the House the
following communication, which was read as follows:
Congress of the United States,
House of Representatives,
March 5, 1996.
Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I hereby resign from the Committee on
Small Business.
Very truly yours,
Chaka Fattah,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.22.23 waiving points of order against the conference report of
h.r. 927
Mr. DIAZ-BALART, by direction of the Committee on Rules, reported
(Rept. No. 104-470) the resolution (H. Res. 370) waiving points of order
against the conference report to accompany the bill (H.R. 927) to seek
international sanctions against the Castro government in Cuba, to plan
for support of a transition government leading to a democratically
elected government in Cuba, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.22.24 recess--4:55 p.m.
The SPEAKER pro tempore, Mr. McINNIS, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 55 minutes p.m., subject
to the call of the Chair.
para.22.25 after recess--6:23 p.m.
The SPEAKER pro tempore, Mr. McINNIS, called the House to order.
para.22.26 recess--7:24 p.m.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 12 of rule I,
declared the House in recess at 7 o'clock and 24 minutes p.m., subject
to the call of the Chair.
para.22.27 after recess--9:28 p.m.
The SPEAKER pro tempore, Mr. COBLE, called the House to order.
para.22.28 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. COLLINS of Michigan, for today and balance of the week; and
To Mrs. CHENOWETH, for today.
And then,
para.22.29 adjournment
The SPEAKER pro tempore, Mr. COBLE, by unanimous consent, at 9 o'clock
and 29 minutes p.m., declared the House adjourned until 11 o'clock a.m.
on Wednesday, March 6, 1996.
para.22.30 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DIAZ-BALART: Committee on Rules. House Resolution 370.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 927) to seek international
sanctions against the Castro government in Cuba, to plan for
support of a transition government leading to a
democratically elected government in Cuba, and for other
purposes (Rept. No. 104-470). Referred to the House Calendar.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1332. A
bill to establish certain policies and responsibilities with
respect to the administration of the Rongelap Resettlement
Trust Fund, and for other purposes; with an amendment (Rept.
No. 104-471). Referred to the Committee of the Whole House on
the State of the Union.
para.22.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GONZALEZ:
H.R. 3003. A bill to establish requirements applicable to
rent-to-own transactions; to the Committee on Banking and
Financial Services.
By Mrs. LINCOLN (for herself, Mr. Tauzin, Mr. Poshard,
Mr. Hutchinson, and Mr. Minge):
[[Page 405]]
H.R. 3004. A bill to amend title XVIII of the Social
Security Act to extend the maximum period permitted between
standard surveys of home health agencies and to expand the
scope of deemed status and permit recognition of surveys by
national accreditation bodies for providers under the
Medicare Program; to the Committee on Ways and Means, and in
addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FIELDS of Texas:
H.R. 3005. A bill to amend the Federal securities laws in
order to promote efficiency and capital formation in the
financial markets, and to amend the Investment Company Act of
1940 to promote more efficient management of mutual funds,
protect investors, and provide more effective and less
burdensome regulations; to the Committee on Commerce.
by Mr. LEWIS of California:
H.R. 3006. A bill to provide for disposal of public lands
in support of the Manzanar Historic Site in the State of
California, and for other purposes; to the Committee on
Resources.
By Mr. BACHUS (for himself, Mr. Leach, and Mr. Spratt):
H.R. 3007. A bill to establish an interagency task force to
design and implement a plan for determining the extent to
which U.S. currency is held in foreign countries and
estimating the extent to which such currency is being
counterfeited outside the United States, and for other
purposes; to the Committee on Banking and Financial Services,
and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. COX (for himself, Mr. Young of Alaska, Mr.
Calvert, and Mrs. Vucanovich):
H.R. 3008. A bill to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes; to the Committee on Resources.
By Mr. FOLEY:
H.R. 3009. A bill to amend the Civil Rights Commission Act
of 1983 with respect to the subpoena power of the Commission;
to the Committee on the Judiciary.
By Mr. PETE GEREN of Texas:
H.R. 3010. A bill to assure that advertisements by States
for participation in their lotteries provide information to
the consumer on the statistical probability of winning and
for other purposes; to the Committee on Commerce.
By Mr. GOODLATTE (for himself, Mr. DeLay, Mr. Boehner,
Mr. Moorhead, Mrs. Schroeder, Mr. Gejdenson, Mr.
Manzullo, Mr. Coble, Mr. Barr of Georgia, Mr. Bono,
Ms. Lofgren, Mr. Campbell, Ms. Eshoo, Mr. Doolittle,
Mr. Farr of California, Mr. McKeon, Mr. Engel, Mrs.
Waldholtz, Mr. Ewing, Mr. Mica, Mr. Chambliss, Mr.
Everett, Mr. Ehlers, Mr. Orton, Mr. Matsui, Mr.
Boucher, Mr. Chabot, Mr. Moakley, and Mr. Bartlett of
Maryland):
H.R. 3011. A bill to amend title 18, United States Code, to
affirm the rights of U.S. persons to use and sell encryption
and to relax export controls on encryption; to the Committee
on the Judiciary, and in addition to the Committee on
International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. MORAN (for himself, Mr. Saxton, Mr. Davis, Mr.
Frost, Mr. Pastor, Mr. Deutsch, Mr. Farr of
California, Mr. Coleman, Mr. Hastings of Florida, Ms.
Norton, Mr. Filner, Mr. Bilbray, Mr. Gene Green of
Texas, Ms. Lofgren, and Mr. Norwood):
H.R. 3012. A bill to amend title 10, United States Code, to
permit covered beneficiaries under the military health care
system who are also entitled to Medicare to enroll in the
Federal Employees Health Program; to the Committee on
National Security, and in addition to the Committee on
Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case of
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NEY:
H.R. 3013. A bill to increase the availability and
continuity of health coverage for individuals, small
employers, and other groups, to reduce paperwork and simplify
administration of health care claims, and for other purposes;
to the Committee on Commerce, and in addition to the
Committees on Economic and Educational Opportunities, and
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. REED (for himself, Mr. Kennedy of Rhode Island,
and Mr. Gejdenson):
H.R. 3014. A bill to amend title 46, United States Code, to
ensure the safety of barges carrying oil or hazardous
material in bulk on lakes, bays, or sounds of the United
States, by establishing equipment and manning requirements
for those barges; to the Committee on Transportation and
Infrastructure.
By Mrs. SCHROEDER (for herself, Ms. Waters, Ms.
Jackson-Lee of Texas, and Ms. Norton):
H.R. 3015. A bill to amend the Public Health Service Act to
establish a program for postreproductive health care; to the
Committee on Commerce.
By Mr. YATES:
H.R. 3016. A bill to require the Secretary of the Treasury
and the Attorney General of the United States to be consulted
before the manufacture, importation, sale, or delivery of
armor piercing ammunition for the use of a governmental
entity; to the Committee on the Judiciary.
H.R. 3017. A bill to amend title 18, United States Code, to
prohibit the possession or transfer of handgun ammunition
capable of being used to penetrate standard body armor; to
the Committee on the Judiciary.
H.R. 3018. A bill to prohibit the importation, manufacture,
sale, purchase, transfer, receipt, or transportation of
handguns in any manner affecting interstate or foreign
commerce, except for or by members of the Armed Forces, law
enforcement officials, and, as authorized by the Secretary of
the Treasury, licensed importers, manufacturers, and dealers,
and pistol clubs; to the Committee on the Judiciary.
By Mr. LIVINGSTON:
H.R. 3019. A bill making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes; to the Committee on Appropriations,
and in addition to the Committee on the Budget, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SHAW (for himself, Mr. Zeliff, and Mr.
McCollum):
H.J. Res. 162. Joint resolution to disapprove the
certification of the President under section 490(b) of the
Foreign Assistance Act of 1961 regarding foreign assistance
for Mexico during fiscal year 1996; to the Committee on
International Relations.
By Mr. GILCHREST:
H. Con. Res. 146. Concurrent resolution authorizing the
1996 Special Olympics Torch Relay to be run through the
Capitol Grounds; to the Committee on Transportation and
Infrastructure.
By Mr. TRAFICANT:
H. Con. Res. 147. Concurrent resolution authorizing the use
of the Capitol Grounds for the 15th annual National Peace
Officers' Memorial Service; to the Committee on
Transportation and Infrastructure.
para.22.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Dornan, Mr. Hansen, Mr. Farr, and Mr. Smith of
New Jersey.
H.R. 103: Mr. Baldacci and Mr. Combest.
H.R. 218: Mr. Longley.
H.R. 303: Mr. Hansen and Mr. Smith of New Jersey.
H.R. 447: Mr. Thornton, Mr. Weldon of Pennsylvania, and Mr.
Weldon of Florida.
H.R. 777: Mr. Brown of California.
H.R. 778: Mr. Brown of California.
H.R. 779: Mr. Hilliard, Mr. Borski, and Mr. Frost.
H.R. 780: Mr. Hilliard, Mr. Borski, and Mr. Frost.
H.R. 789: Mr. Graham.
H.R. 820: Ms. Slaughter, Mr. Hall of Texas, Mr. Pete Geren
of Texas, Mr. Brewster, Mr. Peterson of Minnesota, Mr.
Condit, Mr. Coleman, Mr. Everett, Mr. Callahan, and Mr. Payne
of Virginia.
H.R. 833: Mr. Bilbray and Mr. DeFazio.
H.R. 972: Mr. Luther.
H.R. 995: Mr. Quinn.
H.R. 1010: Mr. Kildee.
H.R. 1386: Mr. Nethercutt.
H.R. 1416: Mr. LaFalce, Ms. Roybal-Allard, Mr. Brown of
California, and Mr. Ehlers.
H.R. 1423: Mr. English of Pennsylvania, Ms. Pelosi, and Ms.
Woolsey.
H.R. 1513: Mr. Walsh.
H.R. 1560: Mr. Olver.
H.R. 1573: Mr. Royce.
H.R. 1610: Mr. Camp and Mr. Bilbray.
H.R. 1619: Mr. Nadler.
H.R. 1625: Mr. Petri and Mr. Emerson.
H.R. 2143: Mr. Campbell.
H.R. 2193: Mr. Klug.
H.R. 2202: Mrs. Lincoln and Mr. Sisisky.
H.R. 2214: Ms. Lofgren.
H.R. 2270: Mr. Miller of Florida.
H.R. 2306: Mr. Evans and Mrs. Meyers of Kansas.
H.R. 2320: Mr. Coble, Mr. Rohrabacher, Mr. Ewing, Ms. Dunn
of Washington, Mr. Scarborough, Mr. Neumann, Mr. Moorhead,
Mr. Kim, Mr. Ney, and Mr. Metcalf.
H.R. 2566: Mr. Franks of New Jersey.
H.R. 2575: Mr. Yates.
H.R. 2604: Mr. Shaw.
H.R. 2664: Mr. Studds, Mr. Bryant of Texas, and Mr. Taylor
of Mississippi.
H.R. 2779: Mr. Bliley, Mr. Solomon, Mr. Foley, Mr. Weldon
of Florida, and Mr. Emerson.
H.R. 2795: Mr. Mica and Mr. Scarborough.
H.R. 2807: Mrs. Meyers of Kansas and Mr. Hunter.
H.R. 2820: Ms. Pryce and Mr. Linder.
H.R. 2837: Mr. DeFazio and Mr. Hoyer.
H.R. 2879: Mr. Dingell.
H.R. 2900: Mr. Jacobs.
H.R. 2959: Ms. Roybal-Allard, Ms. McCarthy, Mr. Bryant of
Texas, and Mr. Dicks.
H.R. 2966: Mr. Calvert, Mr. Bryant of Tennessee, and Mr.
Ehlers.
H.R. 2976: Mr. Dellums, Mr. Houghton, Mr. Norwood, Mr.
Owens, Mr. Taylor of North Carolina, and Mr. Walsh.
[[Page 406]]
H.R. 2992: Mr. Coburn, Mr. Gillmor, and Mr. Kim.
H.R. 2994: Mr. Herger, Mr. Levin, Ms. Dunn of Washington,
Mrs. Kennelly, Mr. Towns, Mr. Camp, Mr. Leach, Mr. Fattah,
Ms. Lofgren, Mr. Farr, and Mr. Hutchinson.
H.J. Res. 158: Mr. Moakley, Mr. Thompson, Mr. Frost, Ms.
Lofgren, Mrs. Morella, Mr. Olver, Mrs. Maloney, Mr. Waxman,
Mr. Berman, Mr. Ackerman, Mr. Beilenson, Mr. Jefferson, Ms.
Kaptur, Mr. Porter, Mr. McNulty, Mr. McDermott, Mr. Murtha,
Mr. Hilliard, Mr. Horn, Mr. Studds, Mr. Frazer, Mrs. Clayton,
Mrs. Schroeder, Mr. Payne of New Jersey, Mr. Dellums, Mr.
Wilson, Ms. Velazquez, Mr. Torres, Ms. Furse, Mr. Frank of
Massachusetts, Mr. Bunn of Oregon, and Mrs. Meyers of Kansas.
H. Con. Res. 144: Mr. Barrett of Wisconsin, Mr. Berman, Mr.
Blute, Mr. Filner, Mr. Gephardt, Mr. Lantos, Mrs. Maloney,
Mr. Manton, Mr. Rangel, Mrs. Schroeder, and Mr. Wilson.
para.22.33 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1963: Mr. Filner.
H.R. 1972: Mr. Filner.
.
WEDNESDAY, MARCH 6, 1996 (23)
The House was called to order by the SPEAKER.
para.23.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, March 5, 1996.
Mr. BONILLA, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. BONILLA objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.23.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2191. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the President's
March 1, 1996, determination regarding certification of the
31 major illicit narcotics producing and transit countries,
pursuant to 22 U.S.C. 2291; to the Committee on International
Relations.
2192. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the 1996
International Narcotics Control Strategy Report, pursuant to
22 U.S.C. 2291(b)(2); to the Committee on International
Relations.
2193. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report on PLO compliance, pursuant to Public Law 101-246,
section 804(b) (104 Stat. 78); to the Committee on
International Relations.
2194. A letter from the Administrator and CEO, Bonneville
Power Administration, transmitting the 1995 annual report of
the Bonneville Power Administration, also other reports
pursuant to the Chief Financial Officers Act that relate to
the Administration, pursuant to Public Law 89-448, section
3(a) (80 Stat. 201); to the Committee on Government Reform
and Oversight.
2195. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-215, ``Equal
Opportunity for Local, Small, and Disadvantaged Business
Enterprises Temporary Amendment Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2196. A letter from the Attorney General, Department of
Justice, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2197. A letter from the General Counsel, Federal Emergency
Management Agency, transmitting a report of activities under
the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
2198. A letter from the Director, Administration and
Management, Department of Defense, transmitting the annual
report of cross-servicing and acquisition actions undertaken
pursuant to acquisition and cross-servicing agreements with
countries that are not part of the North Atlantic Treaty
Organization [NATO] or its subsidiary bodies, pursuant to 10
U.S.C. 2349; jointly, to the Committees on National Security
and International Relations.
2199. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-11: Presidential
Determination on Military Drawdown for Jordan, pursuant to
section 572 of the Foreign Operations, Export Financing and
Related Programs Appropriation Act, 1996; jointly, to the
Committees on International Relations and Appropriations.
2200. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report regarding
the economic policy and trade practices of each country with
which the United States has an economic or trade
relationship, pursuant to 15 U.S.C. 4711; jointly, to the
Committees on International Relations and Ways and Means.
2201. A letter from the Chair of the Board, Office of
Compliance, transmitting advance notice of proposed
rulemaking for publication in the Congressional Record,
pursuant to Public Law 104-1, section 304(b)(1) (109 Stat.
29); jointly, to the Committees on House Oversight and
Economic and Educational Opportunities.
para.23.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 927), an act to seek international
sanctions against the Castro government in Cuba, to plan for support of
a transition government leading to a democratically elected government
in Cuba, and for other purposes.
para.23.4 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. BARRETT, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, March 5, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. BARRETT, announced that the yeas had it.
Mr. TIAHRT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present
The roll was called under clause 4, rule Xi, and the call was taken by
electronic device.
When there appeared
Yeas
346
It was decided in the
Nays
65
<3-line {>
affirmative
Answered present
2
para.23.5 [Roll No. 45]
YEAS--346
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
[[Page 407]]
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martini
Matsui
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Norwood
Nussle
Oberstar
Obey
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Williams
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
NAYS--65
Abercrombie
Bonior
Borski
Brown (CA)
Brown (OH)
Clay
Collins (IL)
Costello
DeFazio
DeLauro
Dornan
Ensign
Everett
Fazio
Filner
Franks (CT)
Frost
Gephardt
Gillmor
Green
Gutierrez
Gutknecht
Hefley
Heineman
Hilleary
Hilliard
Hinchey
Jacobs
Kim
Latham
Levin
Lewis (GA)
Longley
Markey
Martinez
Mascara
McDermott
Meek
Menendez
Miller (CA)
Ney
Olver
Ortiz
Pallone
Pickett
Pombo
Rush
Sabo
Schroeder
Serrano
Taylor (MS)
Tejeda
Thompson
Torkildsen
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Wicker
Wise
Zimmer
ANSWERED ``PRESENT''--2
Gibbons
Harman
NOT VOTING--18
Bryant (TX)
Bunning
Chapman
Christensen
Clinger
Collins (MI)
DeLay
Dickey
Dixon
Durbin
Gilman
Houghton
LaFalce
Lipinski
McCarthy
Stokes
Waldholtz
Zeliff
So the Journal was approved.
para.23.6 waiving points of order against the conference report on h.r.
927
Mr. DIAZ-BALART, by direction of the Committee on Rules, called up the
following resolution (H. Res. 370):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 927) to seek international sanctions against the
Castro government in Cuba, to plan for support of a
transition government leading to a democratically elected
government in Cuba, and for other purposes. All points of
order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. DIAZ-BALART objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
347
When there appeared
<3-line {>
Nays
67
para.23.7 [Roll No. 46]
YEAS--347
Ackerman
Allard
Andrews
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--67
Abercrombie
Becerra
Berman
Bonior
Boucher
Clay
Collins (IL)
Conyers
DeFazio
DeLauro
Dellums
Evans
Fattah
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gibbons
Gonzalez
Hall (OH)
Harman
Hilliard
Hinchey
Jackson (IL)
Johnston
Lewis (GA)
Lincoln
Lofgren
Lowey
Maloney
Markey
McDermott
McHale
McKinney
Miller (CA)
Mink
Moran
Nadler
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Rangel
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Skaggs
Stark
Studds
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Woolsey
Yates
NOT VOTING--17
Archer
Bryant (TX)
Chapman
Christensen
Collins (MI)
Crane
Durbin
Frelinghuysen
Hayes
Hunter
LaFalce
McCarthy
Quillen
Sisisky
Spence
Stokes
Waldholtz
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 408]]
para.23.8 cuban liberty and democratic solidarity
Mr. GILMAN, pursuant to House Resolution 370, called up the following
conference report (Rept. No. 104-468):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
927), to seek international sanctions against the Castro
government in Cuba, to plan for support of a transition
government leading to a democratically elected government in
Cuba, and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Severability.
TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
Sec. 101. Statement of policy.
Sec. 102. Enforcement of the economic embargo of Cuba.
Sec. 103. Prohibition against indirect financing of Cuba.
Sec. 104. United States opposition to Cuban membership in international
financial institutions.
Sec. 105. United States opposition to termination of the suspension of
the Cuban Government from participation in the
Organization of American States.
Sec. 106. Assistance by the independent states of the former Soviet
Union for the Cuban Government.
Sec. 107. Television broadcasting to Cuba.
Sec. 108. Reports on commerce with, and assistance to, Cuba from other
foreign countries.
Sec. 109. Authorization of support for democratic and human rights
groups and international observers.
Sec. 110. Importation safeguard against certain Cuban products.
Sec. 111. Withholding of foreign assistance from countries supporting
Juragua nuclear plant in Cuba.
Sec. 112. Reinstitution of family remittances and travel to Cuba.
Sec. 113. Expulsion of criminals from Cuba.
Sec. 114. News bureaus in Cuba.
Sec. 115. Effect of Act on lawful United States Government activities.
Sec. 116. Condemnation of Cuban attack on American aircraft.
TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
Sec. 201. Policy toward a transition government and a democratically
elected government in Cuba.
Sec. 202. Assistance for the Cuban people.
Sec. 203. Coordination of assistance program; implementation and
reports to Congress; reprogramming.
Sec. 204. Termination of the economic embargo of Cuba.
Sec. 205. Requirements and factors for determining a transition
government.
Sec. 206. Requirements for determining a democratically elected
government.
Sec. 207. Settlement of outstanding United States claims to confiscated
property in Cuba.
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
Sec. 301. Findings.
Sec. 302. Liability for trafficking in confiscated property claimed by
United States nationals.
Sec. 303. Proof of ownership of claims to confiscated property.
Sec. 304. Exclusivity of Foreign Claims Settlement Commission
certification procedure.
Sec. 305. Limitation of actions.
Sec. 306. Effective date.
TITLE IV--EXCLUSION OF CERTAIN ALIENS
Sec. 401. Exclusion from the United States of aliens who have
confiscated property of United States nationals or who
traffic in such property.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economy of Cuba has experienced a decline of at
least 60 percent in the last 5 years as a result of--
(A) the end of its subsidization by the former Soviet Union
of between 5 billion and 6 billion dollars annually;
(B) 36 years of communist tyranny and economic
mismanagement by the Castro government;
(C) the extreme decline in trade between Cuba and the
countries of the former Soviet bloc; and
(D) the stated policy of the Russian Government and the
countries of the former Soviet bloc to conduct economic
relations with Cuba on strictly commercial terms.
(2) At the same time, the welfare and health of the Cuban
people have substantially deteriorated as a result of this
economic decline and the refusal of the Castro regime to
permit free and fair democratic elections in Cuba.
(3) The Castro regime has made it abundantly clear that it
will not engage in any substantive political reforms that
would lead to democracy, a market economy, or an economic
recovery.
(4) The repression of the Cuban people, including a ban on
free and fair democratic elections, and continuing violations
of fundamental human rights, have isolated the Cuban regime
as the only completely nondemocratic government in the
Western Hemisphere.
(5) As long as free elections are not held in Cuba, the
economic condition of the country and the welfare of the
Cuban people will not improve in any significant way.
(6) The totalitarian nature of the Castro regime has
deprived the Cuban people of any peaceful means to improve
their condition and has led thousands of Cuban citizens to
risk or lose their lives in dangerous attempts to escape from
Cuba to freedom.
(7) Radio Marti and Television Marti have both been
effective vehicles for providing the people of Cuba with news
and information and have helped to bolster the morale of the
people of Cuba living under tyranny.
(8) The consistent policy of the United States towards Cuba
since the beginning of the Castro regime, carried out by both
Democratic and Republican administrations, has sought to keep
faith with the people of Cuba, and has been effective in
sanctioning the totalitarian Castro regime.
(9) The United States has shown a deep commitment, and
considers it a moral obligation, to promote and protect human
rights and fundamental freedoms as expressed in the Charter
of the United Nations and in the Universal Declaration of
Human Rights.
(10) The Congress has historically and consistently
manifested its solidarity and the solidarity of the American
people with the democratic aspirations of the Cuban people.
(11) The Cuban Democracy Act of 1992 calls upon the
President to encourage the governments of countries that
conduct trade with Cuba to restrict their trade and credit
relations with Cuba in a manner consistent with the purposes
of that Act.
(12) Amendments to the Foreign Assistance Act of 1961 made
by the FREEDOM Support Act require that the President, in
providing economic assistance to Russia and the emerging
Eurasian democracies, take into account the extent to which
they are acting to ``terminate support for the communist
regime in Cuba, including removal of troops, closing military
facilities, and ceasing trade subsidies and economic,
nuclear, and other assistance''.
(13) The Cuban Government engages in the illegal
international narcotics trade and harbors fugitives from
justice in the United States.
(14) The Castro government threatens international peace
and security by engaging in acts of armed subversion and
terrorism such as the training and supplying of groups
dedicated to international violence.
(15) The Castro government has utilized from its inception
and continues to utilize torture in various forms (including
by psychiatry), as well as execution, exile, confiscation,
political imprisonment, and other forms of terror and
repression, as means of retaining power.
(16) Fidel Castro has defined democratic pluralism as
``pluralistic garbage'' and continues to make clear that he
has no intention of tolerating the democratization of Cuban
society.
(17) The Castro government holds innocent Cubans hostage in
Cuba by no fault of the hostages themselves solely because
relatives have escaped the country.
(18) Although a signatory state to the 1928 Inter-American
Convention on Asylum and the International Covenant on Civil
and Political Rights (which protects the right to leave one's
own country), Cuba nevertheless surrounds embassies in its
capital by armed forces to thwart the right of its citizens
to seek asylum and systematically denies that right to the
Cuban people, punishing them by imprisonment for seeking to
leave the country and killing them for attempting to do so
(as demonstrated in the case of the confirmed murder of over
40 men, women, and children who were seeking to leave Cuba on
July 13, 1994).
(19) The Castro government continues to utilize blackmail,
such as the immigration crisis with which it threatened the
United States in the summer of 1994, and other unacceptable
and illegal forms of conduct to influence the actions of
sovereign states in the Western Hemisphere in violation of
the Charter of the Organization of American States and other
international agreements and international law.
(20) The United Nations Commission on Human Rights has
repeatedly reported on the unacceptable human rights
situation in Cuba and has taken the extraordinary step of
appointing a Special Rapporteur.
(21) The Cuban Government has consistently refused access
to the Special Rapporteur and formally expressed its decision
not to ``implement so much as one comma'' of the United
Nations Resolutions appointing the Rapporteur.
[[Page 409]]
(22) The United Nations General Assembly passed Resolution
47-139 on December 18, 1992, Resolution 48-142 on December
20, 1993, and Resolution 49-200 on December 23, 1994,
referencing the Special Rapporteur's reports to the United
Nations and condemning violations of human rights and
fundamental freedoms in Cuba.
(23) Article 39 of Chapter VII of the United Nations
Charter provides that the United Nations Security Council
``shall determine the existence of any threat to the peace,
breach of the peace, or act of aggression and shall make
recommendations, or decide what measures shall be taken . .
., to maintain or restore international peace and
security.''.
(24) The United Nations has determined that massive and
systematic violations of human rights may constitute a
``threat to peace'' under Article 39 and has imposed
sanctions due to such violations of human rights in the cases
of Rhodesia, South Africa, Iraq, and the former Yugoslavia.
(25) In the case of Haiti, a neighbor of Cuba not as close
to the United States as Cuba, the United States led an effort
to obtain and did obtain a United Nations Security Council
embargo and blockade against that country due to the
existence of a military dictatorship in power less than 3
years.
(26) United Nations Security Council Resolution 940 of July
31, 1994, subsequently authorized the use of ``all necessary
means'' to restore the ``democratically elected government of
Haiti'', and the democratically elected government of Haiti
was restored to power on October 15, 1994.
(27) The Cuban people deserve to be assisted in a decisive
manner to end the tyranny that has oppressed them for 36
years, and the continued failure to do so constitutes
ethically improper conduct by the international community.
(28) For the past 36 years, the Cuban Government has posed
and continues to pose a national security threat to the
United States.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to assist the Cuban people in regaining their freedom
and prosperity, as well as in joining the community of
democratic countries that are flourishing in the Western
Hemisphere;
(2) to strengthen international sanctions against the
Castro government;
(3) to provide for the continued national security of the
United States in the face of continuing threats from the
Castro government of terrorism, theft of property from United
States nationals by the Castro government, and the political
manipulation by the Castro government of the desire of Cubans
to escape that results in mass migration to the United
States;
(4) to encourage the holding of free and fair democratic
elections in Cuba, conducted under the supervision of
internationally recognized observers;
(5) to provide a policy framework for United States support
to the Cuban people in response to the formation of a
transition government or a democratically elected government
in Cuba; and
(6) to protect United States nationals against confiscatory
takings and the wrongful trafficking in property confiscated
by the Castro regime.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the following
meanings:
(1) Agency or instrumentality of a foreign state.--The term
``agency or instrumentality of a foreign state'' has the
meaning given that term in section 1603(b) of title 28,
United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on International Relations and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(3) Commercial activity.--The term ``commercial activity''
has the meaning given that term in section 1603(d) of title
28, United States Code.
(4) Confiscated.--As used in titles I and III, the term
``confiscated'' refers to--
(A) the nationalization, expropriation, or other seizure by
the Cuban Government of ownership or control of property, on
or after January 1, 1959--
(i) without the property having been returned or adequate
and effective compensation provided; or
(ii) without the claim to the property having been settled
pursuant to an international claims settlement agreement or
other mutually accepted settlement procedure; and
(B) the repudiation by the Cuban Government of, the default
by the Cuban Government on, or the failure of the Cuban
Government to pay, on or after January 1, 1959--
(i) a debt of any enterprise which has been nationalized,
expropriated, or otherwise taken by the Cuban Government;
(ii) a debt which is a charge on property nationalized,
expropriated, or otherwise taken by the Cuban Government; or
(iii) a debt which was incurred by the Cuban Government in
satisfaction or settlement of a confiscated property claim.
(5) Cuban government.--(A) The term ``Cuban Government''
includes the government of any political subdivision of Cuba,
and any agency or instrumentality of the Government of Cuba.
(B) For purposes of subparagraph (A), the term ``agency or
instrumentality of the Government of Cuba'' means an agency
or instrumentality of a foreign state as defined in section
1603(b) of title 28, United States Code, with each reference
in such section to ``a foreign state'' deemed to be a
reference to ``Cuba''.
(6) Democratically elected government in cuba.--The term
``democratically elected government in Cuba'' means a
government determined by the President to have met the
requirements of section 206.
(7) Economic embargo of cuba.--The term ``economic embargo
of Cuba'' refers to--
(A) the economic embargo (including all restrictions on
trade or transactions with, and travel to or from, Cuba, and
all restrictions on transactions in property in which Cuba or
nationals of Cuba have an interest) that was imposed against
Cuba pursuant to section 620(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading with
the Enemy Act (50 U.S.C. App. 5(b)), the Cuban Democracy Act
of 1992 (22 U.S.C. 6001 and following), or any other
provision of law; and
(B) the restrictions imposed by section 902(c) of the Food
Security Act of 1985.
(8) Foreign national.--The term ``foreign national''
means--
(A) an alien; or
(B) any corporation, trust, partnership, or other juridical
entity not organized under the laws of the United States, or
of any State, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
(9) Knowingly.--The term ``knowingly'' means with knowledge
or having reason to know.
(10) Official of the cuban government or the ruling
political party in cuba.--The term ``official of the Cuban
Government or the ruling political party in Cuba'' refers to
any member of the Council of Ministers, Council of State,
central committee of the Communist Party of Cuba, or the
Politburo of Cuba, or their equivalents.
(11) Person.--The term ``person'' means any person or
entity, including any agency or instrumentality of a foreign
state.
(12) Property.--(A) The term ``property'' means any
property (including patents, copyrights, trademarks, and any
other form of intellectual property), whether real, personal,
or mixed, and any present, future, or contingent right,
security, or other interest therein, including any leasehold
interest.
(B) For purposes of title III of this Act, the term
``property'' does not include real property used for
residential purposes unless, as of the date of the enactment
of this Act--
(i) the claim to the property is held by a United States
national and the claim has been certified under title V of
the International Claims Settlement Act of 1949; or
(ii) the property is occupied by an official of the Cuban
Government or the ruling political party in Cuba.
(13) Traffics.--(A) As used in title III, and except as
provided in subparagraph (B), a person ``traffics'' in
confiscated property if that person knowingly and
intentionally--
(i) sells, transfers, distributes, dispenses, brokers,
manages, or otherwise disposes of confiscated property, or
purchases, leases, receives, possesses, obtains control of,
manages, uses, or otherwise acquires or holds an interest in
confiscated property,
(ii) engages in a commercial activity using or otherwise
benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits from,
trafficking (as described in clause (i) or (ii)) by another
person, or otherwise engages in trafficking (as described in
clause (i) or (ii)) through another person,
without the authorization of any United States national who
holds a claim to the property.
(B) The term ``traffics'' does not include--
(i) the delivery of international telecommunication signals
to Cuba;
(ii) the trading or holding of securities publicly traded
or held, unless the trading is with or by a person determined
by the Secretary of the Treasury to be a specially designated
national;
(iii) transactions and uses of property incident to lawful
travel to Cuba, to the extent that such transactions and uses
of property are necessary to the conduct of such travel; or
(iv) transactions and uses of property by a person who is
both a citizen of Cuba and a resident of Cuba, and who is not
an official of the Cuban Government or the ruling political
party in Cuba.
(14) Transition government in cuba.--The term ``transition
government in Cuba'' means a government that the President
determines is a transition government consistent with the
requirements and factors set forth in section 205.
(15) United states national.--The term ``United States
national'' means--
(A) any United States citizen; or
(B) any other legal entity which is organized under the
laws of the United States, or of any State, the District of
Columbia, or any commonwealth, territory, or possession of
the United States, and which has its principal place of
business in the United States.
SEC. 5. SEVERABILITY.
If any provision of this Act or the amendments made by this
Act or the application thereof to any person or circumstance
is held invalid, the remainder of this Act, the amendments
made by this Act, or the application thereof to other persons
not similarly situated or to other circumstances shall not be
affected by such invalidation.
[[Page 410]]
TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO
GOVERNMENT
SEC. 101. STATEMENT OF POLICY.
It is the sense of the Congress that--
(1) the acts of the Castro government, including its
massive, systematic, and extraordinary violations of human
rights, are a threat to international peace;
(2) the President should advocate, and should instruct the
United States Permanent Representative to the United Nations
to propose and seek within the Security Council, a mandatory
international embargo against the totalitarian Cuban
Government pursuant to chapter VII of the Charter of the
United Nations, employing efforts similar to consultations
conducted by United States representatives with respect to
Haiti;
(3) any resumption of efforts by any independent state of
the former Soviet Union to make operational any nuclear
facilities in Cuba, and any continuation of intelligence
activities by such a state from Cuba that are targeted at the
United States and its citizens will have a detrimental impact
on United States assistance to such state; and
(4) in view of the threat to the national security posed by
the operation of any nuclear facility, and the Castro
government's continuing blackmail to unleash another wave of
Cuban refugees fleeing from Castro's oppression, most of whom
find their way to United States shores, further depleting
limited humanitarian and other resources of the United
States, the President should do all in his power to make it
clear to the Cuban Government that--
(A) the completion and operation of any nuclear power
facility, or
(B) any further political manipulation of the desire of
Cubans to escape that results in mass migration to the United
States,
will be considered an act of aggression which will be met
with an appropriate response in order to maintain the
security of the national borders of the United States and the
health and safety of the American people.
SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.
(a) Policy.--
(1) Restrictions by other countries.--The Congress hereby
reaffirms section 1704(a) of the Cuban Democracy Act of 1992,
which states that the President should encourage foreign
countries to restrict trade and credit relations with Cuba in
a manner consistent with the purposes of that Act.
(2) Sanctions on other countries.--The Congress further
urges the President to take immediate steps to apply the
sanctions described in section 1704(b)(1) of that Act against
countries assisting Cuba.
(b) Diplomatic Efforts.--The Secretary of State should
ensure that United States diplomatic personnel abroad
understand and, in their contacts with foreign officials, are
communicating the reasons for the United States economic
embargo of Cuba, and are urging foreign governments to
cooperate more effectively with the embargo.
(c) Existing Regulations.--The President shall instruct the
Secretary of the Treasury and the Attorney General to enforce
fully the Cuban Assets Control Regulations set forth in part
515 of title 31, Code of Federal Regulations.
(d) Trading with the Enemy Act.--
(1) Civil penalties.--Subsection (b) of section 16 of the
Trading with the Enemy Act (50 U.S.C. App. 16(b)), as added
by Public Law 102-484, is amended to read as follows:
``(b)(1) A civil penalty of not to exceed $50,000 may be
imposed by the Secretary of the Treasury on any person who
violates any license, order, rule, or regulation issued in
compliance with the provisions of this Act.
``(2) Any property, funds, securities, papers, or other
articles or documents, or any vessel, together with its
tackle, apparel, furniture, and equipment, that is the
subject of a violation under paragraph (1) shall, at the
direction of the Secretary of the Treasury, be forfeited to
the United States Government.
``(3) The penalties provided under this subsection may be
imposed only on the record after opportunity for an agency
hearing in accordance with sections 554 through 557 of title
5, United States Code, with the right to prehearing
discovery.
``(4) Judicial review of any penalty imposed under this
subsection may be had to the extent provided in section 702
of title 5, United States Code.''.
(2) Conforming amendment.--Section 16 of the Trading with
the Enemy Act is further amended by striking subsection (b),
as added by Public Law 102-393.
(3) Clerical amendments.--Section 16 of the Trading with
the Enemy Act is further amended--
(A) by inserting ``Sec. 16.'' before ``(a)''; and
(B) in subsection (a) by striking ``participants'' and
inserting ``participates''.
(e) Denial of Visas to Certain Cuban Nationals.--It is the
sense of the Congress that the President should instruct the
Secretary of State and the Attorney General to enforce fully
existing regulations to deny visas to Cuban nationals
considered by the Secretary of State to be officers or
employees of the Cuban Government or of the Communist Party
of Cuba.
(f) Coverage of Debt-for-Equity Swaps by Economic Embargo
of Cuba.--Section 1704(b)(2) of the Cuban Democracy Act of
1992 (22 U.S.C. 6003(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) includes an exchange, reduction, or forgiveness of
Cuban debt owed to a foreign country in return for a grant of
an equity interest in a property, investment, or operation of
the Government of Cuba (including the government of any
political subdivision of Cuba, and any agency or
instrumentality of the Government of Cuba) or of a Cuban
national; and''; and
(4) by adding at the end the following flush sentence: ``As
used in this paragraph, the term `agency or instrumentality
of the Government of Cuba' means an agency or instrumentality
of a foreign state as defined in section 1603(b) of title 28,
United States Code, with each reference in such section to `a
foreign state' deemed to be a reference to `Cuba'.''.
(g) Telecommunications Services.--Section 1705(e) of the
Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by
adding at the end the following new paragraphs:
``(5) Prohibition on investment in domestic
telecommunications services.--Nothing in this subsection
shall be construed to authorize the investment by any United
States person in the domestic telecommunications network
within Cuba. For purposes of this paragraph, an `investment'
in the domestic telecommunications network within Cuba
includes the contribution (including by donation) of funds or
anything of value to or for, and the making of loans to or
for, such network.
``(6) Reports to congress.--The President shall submit to
the Congress on a semiannual basis a report detailing
payments made to Cuba by any United States person as a result
of the provision of telecommunications services authorized by
this subsection.''.
(h) Codification of Economic Embargo.--The economic embargo
of Cuba, as in effect on March 1, 1996, including all
restrictions under part 515 of title 31, Code of Federal
Regulations, shall be in effect upon the enactment of this
Act, and shall remain in effect, subject to section 204 of
this Act.
SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.
(a) Prohibition.--Notwithstanding any other provision of
law, no loan, credit, or other financing may be extended
knowingly by a United States national, a permanent resident
alien, or a United States agency to any person for the
purpose of financing transactions involving any confiscated
property the claim to which is owned by a United States
national as of the date of the enactment of this Act, except
for financing by the United States national owning such claim
for a transaction permitted under United States law.
(b) Suspension and Termination of Prohibition.--
(1) Suspension.--The President is authorized to suspend the
prohibition contained in subsection (a) upon a determination
made under section 203(c)(1) that a transition government in
Cuba is in power.
(2) Termination.--The prohibition contained in subsection
(a) shall cease to apply on the date on which the economic
embargo of Cuba terminates as provided in section 204.
(c) Penalties.--Violations of subsection (a) shall be
punishable by such civil penalties as are applicable to
violations of the Cuban Assets Control Regulations set forth
in part 515 of title 31, Code of Federal Regulations.
(d) Definitions.--As used in this section--
(1) the term ``permanent resident alien'' means an alien
lawfully admitted for permanent residence into the United
States; and
(2) the term ``United States agency'' has the meaning given
the term ``agency'' in section 551(1) of title 5, United
States Code.
SEC. 104. UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Continued Opposition to Cuban Membership in
International Financial Institutions.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Treasury shall instruct the United States
executive director of each international financial
institution to use the voice and vote of the United States to
oppose the admission of Cuba as a member of such institution
until the President submits a determination under section
203(c)(3) that a democratically elected government in Cuba is
in power.
(2) Transition government.--Once the President submits a
determination under section 203(c)(1) that a transition
government in Cuba is in power--
(A) the President is encouraged to take steps to support
the processing of Cuba's application for membership in any
international financial institution, subject to the
membership taking effect after a democratically elected
government in Cuba is in power, and
(B) the Secretary of the Treasury is authorized to instruct
the United States executive director of each international
financial institution to support loans or other assistance to
Cuba only to the extent that such loans or assistance
contribute to a stable foundation for a democratically
elected government in Cuba.
(b) Reduction in United States Payments to International
Financial Institutions.--If any international financial
institution approves a loan or other assistance to the Cuban
Government over the opposition of the United States, then the
Secretary of the Treasury shall withhold from payment to such
institution an amount equal to the
[[Page 411]]
amount of the loan or other assistance, with respect to
either of the following types of payment:
(1) The paid-in portion of the increase in capital stock of
the institution.
(2) The callable portion of the increase in capital stock
of the institution.
(c) Definition.--For purposes of this section, the term
``international financial institution'' means the
International Monetary Fund, the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guaranty Agency, and the Inter-
American Development Bank.
SEC. 105. UNITED STATES OPPOSITION TO TERMINATION OF THE
SUSPENSION OF THE CUBAN GOVERNMENT FROM
PARTICIPATION IN THE ORGANIZATION OF AMERICAN
STATES.
The President should instruct the United States Permanent
Representative to the Organization of American States to
oppose and vote against any termination of the suspension of
the Cuban Government from participation in the Organization
until the President determines under section 203(c)(3) that a
democratically elected government in Cuba is in power.
SEC. 106. ASSISTANCE BY THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION FOR THE CUBAN GOVERNMENT.
(a) Reporting Requirement.--Not later than 90 days after
the date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a report
detailing progress toward the withdrawal of personnel of any
independent state of the former Soviet Union (within the
meaning of section 3 of the FREEDOM Support Act (22 U.S.C.
5801)), including advisers, technicians, and military
personnel, from the Cienfuegos nuclear facility in Cuba.
(b) Criteria for Assistance.--Section 498A(a)(11) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2295a(a)(11)) is
amended by striking ``of military facilities'' and inserting
``military and intelligence facilities, including the
military and intelligence facilities at Lourdes and
Cienfuegos''.
(c) Ineligibility for Assistance.--
(1) In general.--Section 498A(b) of that Act (22 U.S.C.
2295a(b)) is amended--
(A) by striking ``or'' at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new
paragraph:
``(5) for the government of any independent state effective
30 days after the President has determined and certified to
the appropriate congressional committees (and Congress has
not enacted legislation disapproving the determination within
that 30-day period) that such government is providing
assistance for, or engaging in nonmarket based trade (as
defined in section 498B(k)(3)) with, the Cuban Government;
or''.
(2) Definition.--Subsection (k) of section 498B of that Act
(22 U.S.C. 2295b(k)) is amended by adding at the end the
following new paragraphs:
``(3) Nonmarket based trade.--As used in section
498A(b)(5), the term `nonmarket based trade' includes
exports, imports, exchanges, or other arrangements that are
provided for goods and services (including oil and other
petroleum products) on terms more favorable than those
generally available in applicable markets or for comparable
commodities, including--
``(A) exports to the Cuban Government on terms that involve
a grant, concessional price, guaranty, insurance, or subsidy;
``(B) imports from the Cuban Government at preferential
tariff rates;
``(C) exchange arrangements that include advance delivery
of commodities, arrangements in which the Cuban Government is
not held accountable for unfulfilled exchange contracts, and
arrangements under which Cuba does not pay appropriate
transportation, insurance, or finance costs; and
``(D) the exchange, reduction, or forgiveness of debt of
the Cuban Government in return for a grant by the Cuban
Government of an equity interest in a property, investment,
or operation of the Cuban Government or of a Cuban national.
``(4) Cuban government.--(A) The term `Cuban Government'
includes the government of any political subdivision of Cuba,
and any agency or instrumentality of the Government of Cuba.
``(B) For purposes of subparagraph (A), the term `agency or
instrumentality of the Government of Cuba' means an agency or
instrumentality of a foreign state as defined in section
1603(b) of title 28, United States Code, with each reference
in such section to `a foreign state' deemed to be a reference
to `Cuba'.''.
(3) Exception.--Section 498A(c) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2295A(c)) is amended by inserting
after paragraph (3) the following new paragraph:
``(4) The assistance is provided under the secondary school
exchange program administered by the United States
Information Agency.''.
(d) Facilities at Lourdes, Cuba.--
(1) Disapproval of credits.--The Congress expresses its
strong disapproval of the extension by Russia of credits
equivalent to $200,000,000 in support of the intelligence
facility at Lourdes, Cuba, in November 1994.
(2) Reduction in assistance.--Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended by adding
at the end the following new subsection:
``(d) Reduction in Assistance for Support of Intelligence
Facilities in Cuba.--
``(1) Reduction in assistance.--Notwithstanding any other
provision of law, the President shall withhold from
assistance provided, on or after the date of the enactment of
this subsection, for an independent state of the former
Soviet Union under this Act an amount equal to the sum of
assistance and credits, if any, provided on or after such
date by such state in support of intelligence facilities in
Cuba, including the intelligence facility at Lourdes, Cuba.
``(2) Waiver.--(A) The President may waive the requirement
of paragraph (1) to withhold assistance if the President
certifies to the appropriate congressional committees that
the provision of such assistance is important to the national
security of the United States, and, in the case of such a
certification made with respect to Russia, if the President
certifies that the Russian Government has assured the United
States Government that the Russian Government is not sharing
intelligence data collected at the Lourdes facility with
officials or agents of the Cuban Government.
``(B) At the time of a certification made with respect to
Russia under subparagraph (A), the President shall also
submit to the appropriate congressional committees a report
describing the intelligence activities of Russia in Cuba,
including the purposes for which the Lourdes facility is used
by the Russian Government and the extent to which the Russian
Government provides payment or government credits to the
Cuban Government for the continued use of the Lourdes
facility.
``(C) The report required by subparagraph (B) may be
submitted in classified form.
``(D) For purposes of this paragraph, the term `appropriate
congressional committees' includes the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate.
``(3) Exceptions to reductions in assistance.--The
requirement of paragraph (1) to withhold assistance shall not
apply with respect to--
``(A) assistance to meet urgent humanitarian needs,
including disaster and refugee relief;
``(B) democratic political reform or rule of law
activities;
``(C) technical assistance for safety upgrades of civilian
nuclear power plants;
``(D) the creation of private sector or nongovernmental
organizations that are independent of government control;
``(E) the development of a free market economic system;
``(F) assistance under the secondary school exchange
program administered by the United States Information Agency;
or
``(G) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII of Public
Law 103-160).''.
SEC. 107. TELEVISION BROADCASTING TO CUBA.
(a) Conversion to UHF.--The Director of the United States
Information Agency shall implement a conversion of television
broadcasting to Cuba under the Television Marti Service to
ultra high frequency (UHF) broadcasting.
(b) Periodic Reports.--Not later than 45 days after the
date of the enactment of this Act, and every three months
thereafter until the conversion described in subsection (a)
is fully implemented, the Director of the United States
Information Agency shall submit a report to the appropriate
congressional committees on the progress made in carrying out
subsection (a).
(c) Termination of Broadcasting Authorities.--Upon
transmittal of a determination under section 203(c)(3), the
Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and
following) and the Radio Broadcasting to Cuba Act (22 U.S.C.
1465 and following) are repealed.
SEC. 108. REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA
FROM OTHER FOREIGN COUNTRIES.
(a) Reports Required.--Not later than 90 days after the
date of the enactment of this Act, and by January 1 of each
year thereafter until the President submits a determination
under section 203(c)(1), the President shall submit a report
to the appropriate congressional committees on commerce with,
and assistance to, Cuba from other foreign countries during
the preceding 12-month period.
(b) Contents of Reports.--Each report required by
subsection (a) shall, for the period covered by the report,
contain the following, to the extent such information is
available:
(1) A description of all bilateral assistance provided to
Cuba by other foreign countries, including humanitarian
assistance.
(2) A description of Cuba's commerce with foreign
countries, including an identification of Cuba's trading
partners and the extent of such trade.
(3) A description of the joint ventures completed, or under
consideration, by foreign nationals and business firms
involving facilities in Cuba, including an identification of
the location of the facilities involved and a description of
the terms of agreement of the joint ventures and the names of
the parties that are involved.
(4) A determination as to whether or not any of the
facilities described in paragraph (3) is the subject of a
claim against Cuba by a United States national.
(5) A determination of the amount of debt of the Cuban
Government that is owed to each foreign country, including--
(A) the amount of debt exchanged, forgiven, or reduced
under the terms of each in
[[Page 412]]
vestment or operation in Cuba involving foreign nationals;
and
(B) the amount of debt owed the foreign country that has
been exchanged, forgiven, or reduced in return for a grant by
the Cuban Government of an equity interest in a property,
investment, or operation of the Cuban Government or of a
Cuban national.
(6) A description of the steps taken to assure that raw
materials and semifinished or finished goods produced by
facilities in Cuba involving foreign nationals do not enter
the United States market, either directly or through third
countries or parties.
(7) An identification of countries that purchase, or have
purchased, arms or military supplies from Cuba or that
otherwise have entered into agreements with Cuba that have a
military application, including--
(A) a description of the military supplies, equipment, or
other material sold, bartered, or exchanged between Cuba and
such countries,
(B) a listing of the goods, services, credits, or other
consideration received by Cuba in exchange for military
supplies, equipment, or material, and
(C) the terms or conditions of any such agreement.
SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN
RIGHTS GROUPS AND INTERNATIONAL OBSERVERS.
(a) Authorization.--Notwithstanding any other provision of
law (including section 102 of this Act), except for section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1)
and comparable notification requirements contained in any Act
making appropriations for foreign operations, export
financing, and related programs, the President is authorized
to furnish assistance and provide other support for
individuals and independent nongovernmental organizations to
support democracy-building efforts for Cuba, including the
following:
(1) Published and informational matter, such as books,
videos, and cassettes, on transitions to democracy, human
rights, and market economies, to be made available to
independent democratic groups in Cuba.
(2) Humanitarian assistance to victims of political
repression, and their families.
(3) Support for democratic and human rights groups in Cuba.
(4) Support for visits and permanent deployment of
independent international human rights monitors in Cuba.
(b) OAS Emergency Fund.--
(1) For support of human rights and elections.--The
President shall take the necessary steps to encourage the
Organization of American States to create a special emergency
fund for the explicit purpose of deploying human rights
observers, election support, and election observation in
Cuba.
(2) Action of other member states.--The President should
instruct the United States Permanent Representative to the
Organization of American States to encourage other member
states of the Organization to join in calling for the Cuban
Government to allow the immediate deployment of independent
human rights monitors of the Organization throughout Cuba and
on-site visits to Cuba by the Inter-American Commission on
Human Rights.
(3) Voluntary contributions for fund.--Notwithstanding
section 307 of the Foreign Assistance Act of 1961 (22 U.S.C.
2227) or any other provision of law limiting the United
States proportionate share of assistance to Cuba by any
international organization, the President should provide not
less than $5,000,000 of the voluntary contributions of the
United States to the Organization of American States solely
for the purposes of the special fund referred to in paragraph
(1).
(c) Denial of Funds to the Cuban Government.--In
implementing this section, the President shall take all
necessary steps to ensure that no funds or other assistance
is provided to the Cuban Government.
SEC. 110. IMPORTATION SAFEGUARD AGAINST CERTAIN CUBAN
PRODUCTS.
(a) Prohibition on Import of and Dealings in Cuban
Products.--The Congress notes that section 515.204 of title
31, Code of Federal Regulations, prohibits the entry of, and
dealings outside the United States in, merchandise that--
(1) is of Cuban origin;
(2) is or has been located in or transported from or
through Cuba; or
(3) is made or derived in whole or in part of any article
which is the growth, produce, or manufacture of Cuba.
(b) Effect of NAFTA.--The Congress notes that United States
accession to the North American Free Trade Agreement does not
modify or alter the United States sanctions against Cuba. The
statement of administrative action accompanying that trade
agreement specifically states the following:
(1) ``The NAFTA rules of origin will not in any way
diminish the Cuban sanctions program. . . . Nothing in the
NAFTA would operate to override this prohibition.''.
(2) ``Article 309(3) [of the NAFTA] permits the United
States to ensure that Cuban products or goods made from Cuban
materials are not imported into the United States from Mexico
or Canada and that U.S. products are not exported to Cuba
through those countries.''.
(c) Restriction of Sugar Imports.--The Congress notes that
section 902(c) of the Food Security Act of 1985 (Public Law
99-198) requires the President not to allocate any of the
sugar import quota to a country that is a net importer of
sugar unless appropriate officials of that country verify to
the President that the country does not import for reexport
to the United States any sugar produced in Cuba.
(d) Assurances Regarding Sugar Products.--Protection of
essential security interests of the United States requires
assurances that sugar products that are entered, or withdrawn
from warehouse for consumption, into the customs territory of
the United States are not products of Cuba.
SEC. 111. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES
SUPPORTING JURAGUA NUCLEAR PLANT IN CUBA.
(a) Findings.--The Congress makes the following findings:
(1) President Clinton stated in April 1993 that the United
States opposed the construction of the Juragua nuclear power
plant because of the concerns of the United States about
Cuba's ability to ensure the safe operation of the facility
and because of Cuba's refusal to sign the Nuclear Non-
Proliferation Treaty or ratify the Treaty of Tlatelolco.
(2) Cuba has not signed the Treaty on the Non-Proliferation
of Nuclear Weapons or ratified the Treaty of Tlatelolco, the
latter of which establishes Latin America and the Caribbean
as a nuclear weapons-free zone.
(3) The State Department, the Nuclear Regulatory
Commission, and the Department of Energy have expressed
concerns about the construction and operation of Cuba's
nuclear reactors.
(4) In a September 1992 report to the Congress, the General
Accounting Office outlined concerns among nuclear energy
experts about deficiencies in the nuclear plant project in
Juragua, near Cienfuegos, Cuba, including--
(A) a lack in Cuba of a nuclear regulatory structure;
(B) the absence in Cuba of an adequate infrastructure to
ensure the plant's safe operation and requisite maintenance;
(C) the inadequacy of training of plant operators;
(D) reports by a former technician from Cuba who, by
examining with x-rays weld sites believed to be part of the
auxiliary plumbing system for the plant, found that 10 to 15
percent of those sites were defective;
(E) since September 5, 1992, when construction on the plant
was halted, the prolonged exposure to the elements, including
corrosive salt water vapor, of the primary reactor
components; and
(F) the possible inadequacy of the upper portion of the
reactors' dome retention capability to withstand only 7
pounds of pressure per square inch, given that normal
atmospheric pressure is 32 pounds per square inch and United
States reactors are designed to accommodate pressures of 50
pounds per square inch.
(5) The United States Geological Survey claims that it had
difficulty determining answers to specific questions
regarding earthquake activity in the area near Cienfuegos
because the Cuban Government was not forthcoming with
information.
(6) The Geological Survey has indicated that the Caribbean
plate, a geological formation near the south coast of Cuba,
may pose seismic risks to Cuba and the site of the power
plant, and may produce large to moderate earthquakes.
(7) On May 25, 1992, the Caribbean plate produced an
earthquake numbering 7.0 on the Richter scale.
(8) According to a study by the National Oceanic and
Atmospheric Administration, summer winds could carry
radioactive pollutants from a nuclear accident at the power
plant throughout all of Florida and parts of the States on
the coast of the Gulf of Mexico as far as Texas, and northern
winds could carry the pollutants as far northeast as Virginia
and Washington, D.C.
(9) The Cuban Government, under dictator Fidel Castro, in
1962 advocated the Soviets' launching of nuclear missiles to
the United States, which represented a direct and dangerous
provocation of the United States and brought the world to the
brink of a nuclear conflict.
(10) Fidel Castro over the years has consistently issued
threats against the United States Government, most recently
that he would unleash another perilous mass migration from
Cuba upon the enactment of this Act.
(11) Despite the various concerns about the plant's safety
and operational problems, a feasibility study is being
conducted that would establish a support group to include
Russia, Cuba, and third countries with the objective of
completing and operating the plant.
(b) Withholding of Foreign Assistance.--
(1) In general.--Notwithstanding any other provision of
law, the President shall withhold from assistance allocated,
on or after the date of the enactment of this Act, for any
country an amount equal to the sum of assistance and credits,
if any, provided on or after such date of enactment by that
country or any entity in that country in support of the
completion of the Cuban nuclear facility at Juragua, near
Cienfuegos, Cuba.
(2) Exceptions.--The requirement of paragraph (1) to
withhold assistance shall not apply with respect to--
(A) assistance to meet urgent humanitarian needs, including
disaster and refugee relief;
(B) democratic political reform or rule of law activities;
(C) the creation of private sector or nongovernmental
organizations that are independent of government control;
(D) the development of a free market economic system;
[[Page 413]]
(E) assistance for the purposes described in the
Cooperative Threat Reduction Act of 1993 (title XII of Public
Law 103-160); or
(F) assistance under the secondary school exchange program
administered by the United States Information Agency.
(3) Definition.--As used in paragraph (1), the term
``assistance'' means assistance under the Foreign Assistance
Act of 1961, credits, sales, guarantees of extensions of
credit, and other assistance under the Arms Export Control
Act, assistance under titles I and III of the Agricultural
Trade Development and Assistance Act of 1954, assistance
under the FREEDOM Support Act, and any other program of
assistance or credits provided by the United States to other
countries under other provisions of law.
SEC. 112. REINSTITUTION OF FAMILY REMITTANCES AND TRAVEL TO
CUBA.
It is the sense of the Congress that the President should--
(1)(A) before considering the reinstitution of general
licenses for family remittances to Cuba, insist that, prior
to such reinstitution, the Cuban Government permit the
unfettered operation of small businesses fully empowered with
the right to hire others to whom they may pay wages and to
buy materials necessary in the operation of the businesses,
and with such other authority and freedom as are required to
foster the operation of small businesses throughout Cuba; and
(B) if licenses described in subparagraph (A) are
reinstituted, require a specific license for remittances
described in subparagraph (A) in amounts of more than $500;
and
(2) before considering the reinstitution of general
licenses for travel to Cuba by individuals resident in the
United States who are family members of Cuban nationals who
are resident in Cuba, insist on such actions by the Cuban
Government as abrogation of the sanction for departure from
Cuba by refugees, release of political prisoners, recognition
of the right of association, and other fundamental freedoms.
SEC. 113. EXPULSION OF CRIMINALS FROM CUBA.
The President shall instruct all United States Government
officials who engage in official contacts with the Cuban
Government to raise on a regular basis the extradition of or
rendering to the United States all persons residing in Cuba
who are sought by the United States Department of Justice for
crimes committed in the United States.
SEC. 114. NEWS BUREAUS IN CUBA.
(a) Establishment of News Bureaus.--The President is
authorized to establish and implement an exchange of news
bureaus between the United States and Cuba, if the exchange
meets the following conditions:
(1) The exchange is fully reciprocal.
(2) The Cuban Government agrees not to interfere with the
establishment of news bureaus or with the movement in Cuba of
journalists of any United States-based news organizations,
including Radio Marti and Television Marti.
(3) The Cuban Government agrees not to interfere with
decisions of United States-based news organizations with
respect to individuals assigned to work as journalists in
their news bureaus in Cuba.
(4) The Department of the Treasury is able to ensure that
only accredited journalists regularly employed with a news
gathering organization travel to Cuba under this subsection.
(5) The Cuban Government agrees not to interfere with the
transmission of telecommunications signals of news bureaus or
with the distribution within Cuba of publications of any
United States-based news organization that has a news bureau
in Cuba.
(b) Assurance Against Espionage.--In implementing this
section, the President shall take all necessary steps to
ensure the safety and security of the United States against
espionage by Cuban journalists it believes to be working for
the intelligence agencies of the Cuban Government.
(c) Fully Reciprocal.--As used in subsection (a)(1), the
term ``fully reciprocal'' means that all news services, news
organizations, and broadcasting services, including such
services or organizations that receive financing, assistance,
or other support from a governmental or official source, are
permitted to establish and operate a news bureau in the
United States and Cuba.
SEC. 115. EFFECT OF ACT ON LAWFUL UNITED STATES GOVERNMENT
ACTIVITIES.
Nothing in this Act prohibits any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency, or of an intelligence agency, of the
United States.
SEC. 116. CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.
(a) Findings.--The Congress makes the following findings:
(1) Brothers to the Rescue is a Miami-based humanitarian
organization engaged in searching for and aiding Cuban
refugees in the Straits of Florida, and was engaged in such a
mission on Saturday, February 24, 1996.
(2) The members of Brothers to the Rescue were flying
unarmed and defenseless planes in a mission identical to
hundreds they have flown since 1991 and posted no threat
whatsoever to the Cuban Government, the Cuban military, or
the Cuban people.
(3) Statements by the Cuban Government that Brothers to the
Rescue has engaged in covert operations, bombing campaigns,
and commando operations against the Government of Cuba have
no basis in fact.
(4) The Brothers to the Rescue aircraft notified air
traffic controllers as to their flight plans, which would
take them south of the 24th parallel and close to Cuban
airspace.
(5) International law provides a nation with airspace over
the 12-mile territorial sea.
(6) The response of Fidel Castro's dictatorship to
Saturday's afternoon flight was to scramble 2 fighter jets
from a Havana airfield.
(7) At approximately 3:24 p.m., the pilot of one of the
Cuban MiGs received permission and proceeded to shoot down
one Brothers to the Rescue airplane more than 6 miles north
of the Cuban exclusion zone, or 18 miles from the Cuban
coast.
(8) Approximately 7 minutes later, the pilot of the Cuban
fighter jet received permission and proceeded to shoot down
the second Brothers to the Rescue airplane almost 18.5 miles
north of the Cuban exclusion zone, or 30.5 miles from the
Cuban coast.
(9) The Cuban dictatorship, if it truly felt threatened by
the flight of these unarmed aircraft, could have and should
have pursued other peaceful options as required by
international law.
(10) The response chosen by Fidel Castro, the use of lethal
force, was completely inappropriate to the situation
presented to the Cuban Government, making such actions a
blatant and barbaric violation of international law and
tantamount to cold-blooded murder.
(11) There were no survivors of the attack on these
aircraft, and the crew of a third aircraft managed to escape
this criminal attack by Castro's Air Force.
(12) The crew members of the destroyed planes, Pablo
Morales, Carlos Costa, Mario de la Pena, and Armando
Alejandre, were United States citizens from Miami flying with
Brothers to the Rescue on a voluntary basis.
(13) It is incumbent upon the United States Government to
protect the lives and livelihoods of United States citizens
as well as the rights of free passage and humanitarian
missions.
(14) This premeditated act took place after a week-long
waive of repression by the Cuban Government against Concilio
Cubano, an umbrella organization of human rights activists,
dissidents, independent economists, and independent
journalists, among others.
(15) The waive of repression against Concilio Cubano, whose
membership is committed to peaceful democratic change in
Cuba, included arrests, strip searches, house arrests, and in
some cases sentences to more than 1 year in jail.
(b) Statements by the Congress.--(1) The Congress strongly
condemns the act of terrorism by the Castro regime in
shooting down the Brothers to the Rescue aircraft on February
24, 1996.
(2) The Congress extends its condolences to the families of
Pablo Morales, Carlos Costa, Mario de la Pena, and Armando
Alejandre, the victims of the attack.
(3) The Congress urges the President to seek, in the
International Court of Justice, indictment for this act of
terrorism by Fidel Castro.
TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA
SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A
DEMOCRATICALLY ELECTED GOVERNMENT IN CUBA.
The policy of the United States is as follows:
(1) To support the self-determination of the Cuban people.
(2) To recognize that the self-determination of the Cuban
people is a sovereign and national right of the citizens of
Cuba which must be exercised free of interference by the
government of any other country.
(3) To encourage the Cuban people to empower themselves
with a government which reflects the self-determination of
the Cuban people.
(4) To recognize the potential for a difficult transition
from the current regime in Cuba that may result from the
initiatives taken by the Cuban people for self-determination
in response to the intransigence of the Castro regime in not
allowing any substantive political or economic reforms, and
to be prepared to provide the Cuban people with humanitarian,
developmental, and other economic assistance.
(5) In solidarity with the Cuban people, to provide
appropriate forms of assistance--
(A) to a transition government in Cuba;
(B) to facilitate the rapid movement from such a transition
government to a democratically elected government in Cuba
that results from an expression of the self-determination of
the Cuban people; and
(C) to support such a democratically elected government.
(6) Through such assistance, to facilitate a peaceful
transition to representative democracy and a market economy
in Cuba and to consolidate democracy in Cuba.
(7) To deliver such assistance to the Cuban people only
through a transition government in Cuba, through a
democratically elected government in Cuba, through United
States Government organizations, or through United States,
international, or indigenous nongovernmental organizations.
(8) To encourage other countries and multilateral
organizations to provide similar assistance, and to work
cooperatively with such countries and organizations to
coordinate such assistance.
(9) To ensure that appropriate assistance is rapidly
provided and distributed to the people of Cuba upon the
institution of a transition government in Cuba.
(10) Not to provide favorable treatment or influence on
behalf of any individual or enti
[[Page 414]]
ty in the selection by the Cuban people of their future
government.
(11) To assist a transition government in Cuba and a
democratically elected government in Cuba to prepare the
Cuban military forces for an appropriate role in a democracy.
(12) To be prepared to enter into negotiations with a
democratically elected government in Cuba either to return
the United States Naval Base at Guantanamo to Cuba or to
renegotiate the present agreement under mutually agreeable
terms.
(13) To consider the restoration of diplomatic recognition
and support the reintegration of the Cuban Government into
Inter-American organizations when the President determines
that there exists a democratically elected government in
Cuba.
(14) To take steps to remove the economic embargo of Cuba
when the President determines that a transition to a
democratically elected government in Cuba has begun.
(15) To assist a democratically elected government in Cuba
to strengthen and stabilize its national currency.
(16) To pursue trade relations with a free, democratic, and
independent Cuba.
SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.
(a) Authorization.--
(1) In general.--The President shall develop a plan for
providing economic assistance to Cuba at such time as the
President determines that a transition government or a
democratically elected government in Cuba (as determined
under section 203(c)) is in power.
(2) Effect on other laws.--Assistance may be provided under
this section subject to an authorization of appropriations
and subject to the availability of appropriations.
(b) Plan for Assistance.--
(1) Development of plan.--The President shall develop a
plan for providing assistance under this section--
(A) to Cuba when a transition government in Cuba is in
power; and
(B) to Cuba when a democratically elected government in
Cuba is in power.
(2) Types of assistance.--Assistance under the plan
developed under paragraph (1) may, subject to an
authorization of appropriations and subject to the
availability of appropriations, include the following:
(A) Transition government.--(i) Except as provided in
clause (ii), assistance to Cuba under a transition government
shall, subject to an authorization of appropriations and
subject to the availability of appropriations, be limited
to--
(I) such food, medicine, medical supplies and equipment,
and assistance to meet emergency energy needs, as is
necessary to meet the basic human needs of the Cuban people;
and
(II) assistance described in subparagraph (C).
(ii) Assistance in addition to assistance under clause (i)
may be provided, but only after the President certifies to
the appropriate congressional committees, in accordance with
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961, that such
assistance is essential to the successful completion of the
transition to democracy.
(iii) Only after a transition government in Cuba is in
power, freedom of individuals to travel to visit their
relatives without any restrictions shall be permitted.
(B) Democratically elected government.--Assistance to a
democratically elected government in Cuba may, subject to an
authorization of appropriations and subject to the
availability of appropriations, consist of economic
assistance in addition to assistance available under
subparagraph (A), together with assistance described in
subparagraph (C). Such economic assistance may include--
(i) assistance under chapter 1 of part I (relating to
development assistance), and chapter 4 of part II (relating
to the economic support fund), of the Foreign Assistance Act
of 1961;
(ii) assistance under the Agricultural Trade Development
and Assistance Act of 1954;
(iii) financing, guarantees, and other forms of assistance
provided by the Export-Import Bank of the United States;
(iv) financial support provided by the Overseas Private
Investment Corporation for investment projects in Cuba;
(v) assistance provided by the Trade and Development
Agency;
(vi) Peace Corps programs; and
(vii) other appropriate assistance to carry out the policy
of section 201.
(C) Military adjustment assistance.--Assistance to a
transition government in Cuba and to a democratically elected
government in Cuba shall also include assistance in preparing
the Cuban military forces to adjust to an appropriate role in
a democracy.
(c) Strategy for Distribution.--The plan developed under
subsection (b) shall include a strategy for distributing
assistance under the plan.
(d) Distribution.--Assistance under the plan developed
under subsection (b) shall be provided through United States
Government organizations and nongovernmental organizations
and private and voluntary organizations, whether within or
outside the United States, including humanitarian,
educational, labor, and private sector organizations.
(e) International Efforts.--The President shall take the
necessary steps--
(1) to seek to obtain the agreement of other countries and
of international financial institutions and multilateral
organizations to provide to a transition government in Cuba,
and to a democratically elected government in Cuba,
assistance comparable to that provided by the United States
under this Act; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance programs.
(f) Communication With the Cuban People.--The President
shall take the necessary steps to communicate to the Cuban
people the plan for assistance developed under this section.
(g) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a report
describing in detail the plan developed under this section.
(h) Report on Trade and Investment Relations.--
(1) Report to congress.--The President, following the
transmittal to the Congress of a determination under section
203(c)(3) that a democratically elected government in Cuba is
in power, shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate and the appropriate congressional committees a
report that describes--
(A) acts, policies, and practices which constitute
significant barriers to, or distortions of, United States
trade in goods or services or foreign direct investment with
respect to Cuba;
(B) policy objectives of the United States regarding trade
relations with a democratically elected government in Cuba,
and the reasons therefor, including possible--
(i) reciprocal extension of nondiscriminatory trade
treatment (most-favored-nation treatment);
(ii) designation of Cuba as a beneficiary developing
country under title V of the Trade Act of 1974 (relating to
the Generalized System of Preferences) or as a beneficiary
country under the Caribbean Basin Economic Recovery Act, and
the implications of such designation with respect to trade
with any other country that is such a beneficiary developing
country or beneficiary country or is a party to the North
American Free Trade Agreement; and
(iii) negotiations regarding free trade, including the
accession of Cuba to the North American Free Trade Agreement;
(C) specific trade negotiating objectives of the United
States with respect to Cuba, including the objectives
described in section 108(b)(5) of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3317(b)(5));
and
(D) actions proposed or anticipated to be undertaken, and
any proposed legislation necessary or appropriate, to achieve
any of such policy and negotiating objectives.
(2) Consultation.--The President shall consult with the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate and the
appropriate congressional committees and shall seek advice
from the appropriate advisory committees established under
section 135 of the Trade Act of 1974 regarding the policy and
negotiating objectives and the legislative proposals
described in paragraph (1).
SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION
AND REPORTS TO CONGRESS; REPROGRAMMING.
(a) Coordinating Official.--The President shall designate a
coordinating official who shall be responsible for--
(1) implementing the strategy for distributing assistance
described in section 202(b);
(2) ensuring the speedy and efficient distribution of such
assistance; and
(3) ensuring coordination among, and appropriate oversight
by, the agencies of the United States that provide assistance
described in section 202(b), including resolving any disputes
among such agencies.
(b) United States-Cuba Council.--Upon making a
determination under subsection (c)(3) that a democratically
elected government in Cuba is in power, the President, after
consultation with the coordinating official, is authorized to
designate a United States-Cuba council--
(1) to ensure coordination between the United States
Government and the private sector in responding to change in
Cuba, and in promoting market-based development in Cuba; and
(2) to establish periodic meetings between representatives
of the United States and Cuban private sectors for the
purpose of facilitating bilateral trade.
(c) Implementation of Plan; Reports to Congress.--
(1) Implementation with respect to transition government.--
Upon making a determination that a transition government in
Cuba is in power, the President shall transmit that
determination to the appropriate congressional committees and
shall, subject to an authorization of appropriations and
subject to the availability of appropriations, commence the
delivery and distribution of assistance to such transition
government under the plan developed under section 202(b).
(2) Reports to congress.--(A) The President shall transmit
to the appropriate congressional committees a report setting
forth the strategy for providing assistance described in
section 202(b)(2) (A) and (C) to the transition government in
Cuba under the plan of assistance developed under section
202(b), the types of such assistance, and the
[[Page 415]]
extent to which such assistance has been distributed in
accordance with the plan.
(B) The President shall transmit the report not later than
90 days after making the determination referred to in
paragraph (1), except that the President shall transmit the
report in preliminary form not later than 15 days after
making that determination.
(3) Implementation with respect to democratically elected
government.--The President shall, upon determining that a
democratically elected government in Cuba is in power, submit
that determination to the appropriate congressional
committees and shall, subject to an authorization of
appropriations and subject to the availability of
appropriations, commence the delivery and distribution of
assistance to such democratically elected government under
the plan developed under section 202(b).
(4) Annual reports to congress.--Not later than 60 days
after the end of each fiscal year, the President shall
transmit to the appropriate congressional committees a report
on the assistance provided under the plan developed under
section 202(b), including a description of each type of
assistance, the amounts expended for such assistance, and a
description of the assistance to be provided under the plan
in the current fiscal year.
(d) Reprogramming.--Any changes in the assistance to be
provided under the plan developed under section 202(b) may
not be made unless the President notifies the appropriate
congressional committees at least 15 days in advance in
accordance with the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1).
SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.
(a) Presidential Actions.--Upon submitting a determination
to the appropriate congressional committees under section
203(c)(1) that a transition government in Cuba is in power,
the President, after consultation with the Congress, is
authorized to take steps to suspend the economic embargo of
Cuba and to suspend the right of action created in section
302 with respect to actions thereafter filed against the
Cuban Government, to the extent that such steps contribute to
a stable foundation for a democratically elected government
in Cuba.
(b) Suspension of Certain Provisions of Law.--In carrying
out subsection (a), the President may suspend the enforcement
of--
(1) section 620(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(a));
(2) section 620(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(f)) with respect to the ``Republic of Cuba'';
(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy
Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005);
(4) section 902(c) of the Food Security Act of 1985; and
(5) the prohibitions on transactions described in part 515
of title 31, Code of Federal Regulations.
(c) Additional Presidential Actions.--Upon submitting a
determination to the appropriate congressional committees
under section 203(c)(3) that a democratically elected
government in Cuba is in power, the President shall take
steps to terminate the economic embargo of Cuba, including
the restrictions under part 515 of title 31, Code of Federal
Regulations.
(d) Conforming Amendments.--On the date on which the
President submits a determination under section 203(c)(3)--
(1) section 620(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(a)) is repealed;
(2) section 620(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(f)) is amended by striking ``Republic of
Cuba'';
(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy
Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed;
and
(4) section 902(c) of the Food Security Act of 1985 is
repealed.
(e) Review of Suspension of Economic Embargo.--
(1) Review.--If the President takes action under subsection
(a) to suspend the economic embargo of Cuba, the President
shall immediately so notify the Congress. The President shall
report to the Congress no less frequently than every 6 months
thereafter, until he submits a determination under section
203(c)(3) that a democratically elected government in Cuba is
in power, on the progress being made by Cuba toward the
establishment of such a democratically elected government.
The action of the President under subsection (a) shall cease
to be effective upon the enactment of a joint resolution
described in paragraph (2).
(2) Joint resolutions.--For purposes of this subsection,
the term ``joint resolution'' means only a joint resolution
of the 2 Houses of Congress, the matter after the resolving
clause of which is as follows: ``That the Congress
disapproves the action of the President under section 204(a)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 to suspend the economic embargo of Cuba, notice of
which was submitted to the Congress on ____.'', with the
blank space being filled with the appropriate date.
(3) Referral to committees.--Joint resolutions introduced
in the House of Representatives shall be referred to the
Committee on International Relations and joint resolutions
introduced in the Senate shall be referred to the Committee
on Foreign Relations.
(4) Procedures.--(A) Any joint resolution shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint resolutions, a motion to proceed to the
consideration of any joint resolution after it has been
reported by the appropriate committee shall be treated as
highly privileged in the House of Representatives.
(C) Not more than 1 joint resolution may be considered in
the House of Representatives and the Senate in the 6-month
period beginning on the date on which the President notifies
the Congress under paragraph (1) of the action taken under
subsection (a), and in each 6-month period thereafter.
SEC. 205. REQUIREMENTS AND FACTORS FOR DETERMINING A
TRANSITION GOVERNMENT.
(a) Requirements.--For the purposes of this Act, a
transition government in Cuba is a government that--
(1) has legalized all political activity;
(2) has released all political prisoners and allowed for
investigations of Cuban prisons by appropriate international
human rights organizations;
(3) has dissolved the present Department of State Security
in the Cuban Ministry of the Interior, including the
Committees for the Defense of the Revolution and the Rapid
Response Brigades; and
(4) has made public commitments to organizing free and fair
elections for a new government--
(A) to be held in a timely manner within a period not to
exceed 18 months after the transition government assumes
power;
(B) with the participation of multiple independent
political parties that have full access to the media on an
equal basis, including (in the case of radio, television, or
other telecommunications media) in terms of allotments of
time for such access and the times of day such allotments are
given; and
(C) to be conducted under the supervision of
internationally recognized observers, such as the
Organization of American States, the United Nations, and
other election monitors;
(5) has ceased any interference with Radio Marti or
Television Marti broadcasts;
(6) makes public commitments to and is making demonstrable
progress in--
(A) establishing an independent judiciary;
(B) respecting internationally recognized human rights and
basic freedoms as set forth in the Universal Declaration of
Human Rights, to which Cuba is a signatory nation;
(C) allowing the establishment of independent trade unions
as set forth in conventions 87 and 98 of the International
Labor Organization, and allowing the establishment of
independent social, economic, and political associations;
(7) does not include Fidel Castro or Raul Castro; and
(8) has given adequate assurances that it will allow the
speedy and efficient distribution of assistance to the Cuban
people.
(b) Additional Factors.--In addition to the requirements in
subsection (a), in determining whether a transition
government in Cuba is in power, the President shall take into
account the extent to which that government--
(1) is demonstrably in transition from a communist
totalitarian dictatorship to representative democracy;
(2) has made public commitments to, and is making
demonstrable progress in--
(A) effectively guaranteeing the rights of free speech and
freedom of the press, including granting permits to privately
owned media and telecommunications companies to operate in
Cuba;
(B) permitting the reinstatement of citizenship to Cuban-
born persons returning to Cuba;
(C) assuring the right to private property; and
(D) taking appropriate steps to return to United States
citizens (and entities which are 50 percent or more
beneficially owned by United States citizens) property taken
by the Cuban Government from such citizens and entities on or
after January 1, 1959, or to provide equitable compensation
to such citizens and entities for such property;
(3) has extradited or otherwise rendered to the United
States all persons sought by the United States Department of
Justice for crimes committed in the United States; and
(4) has permitted the deployment throughout Cuba of
independent and unfettered international human rights
monitors.
SEC. 206. REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY
ELECTED GOVERNMENT.
For purposes of this Act, a democratically elected
government in Cuba, in addition to meeting the requirements
of section 205(a), is a government which--
(1) results from free and fair elections--
(A) conducted under the supervision of internationally
recognized observers; and
(B) in which--
(i) opposition parties were permitted ample time to
organize and campaign for such elections; and
(ii) all candidates were permitted full access to the
media;
(2) is showing respect for the basic civil liberties and
human rights of the citizens of Cuba;
(3) is substantially moving toward a market-oriented
economic system based on the right to own and enjoy property;
(4) is committed to making constitutional changes that
would ensure regular free and fair elections and the full
enjoyment of basic civil liberties and human rights by the
citizens of Cuba;
(5) has made demonstrable progress in establishing an
independent judiciary; and
[[Page 416]]
(6) has made demonstrable progress in returning to United
States citizens (and entities which are 50 percent or more
beneficially owned by United States citizens) property taken
by the Cuban Government from such citizens and entities on or
after January 1, 1959, or providing full compensation for
such property in accordance with international law standards
and practice.
SEC. 207. SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO
CONFISCATED PROPERTY IN CUBA.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall provide a report to the appropriate congressional
committees containing an assessment of the property dispute
question in Cuba, including--
(1) an estimate of the number and amount of claims to
property confiscated by the Cuban Government that are held by
United States nationals in addition to those claims certified
under section 507 of the International Claims Settlement Act
of 1949;
(2) an assessment of the significance of promptly resolving
confiscated property claims to the revitalization of the
Cuban economy;
(3) a review and evaluation of technical and other
assistance that the United States could provide to help
either a transition government in Cuba or a democratically
elected government in Cuba establish mechanisms to resolve
property questions;
(4) an assessment of the role and types of support the
United States could provide to help resolve claims to
property confiscated by the Cuban Government that are held by
United States nationals who did not receive or qualify for
certification under section 507 of the International Claims
Settlement Act of 1949; and
(5) an assessment of any areas requiring legislative review
or action regarding the resolution of property claims in Cuba
prior to a change of government in Cuba.
(d) Sense of Congress.--It is the sense of the Congress
that the satisfactory resolution of property claims by a
Cuban Government recognized by the United States remains an
essential condition for the full resumption of economic and
diplomatic relations between the United States and Cuba.
TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS
SEC. 301. FINDINGS.
The Congress makes the following findings:
(1) Individuals enjoy a fundamental right to own and enjoy
property which is enshrined in the United States
Constitution.
(2) The wrongful confiscation or taking of property
belonging to United States nationals by the Cuban Government,
and the subsequent exploitation of this property at the
expense of the rightful owner, undermines the comity of
nations, the free flow of commerce, and economic development.
(3) Since Fidel Castro seized power in Cuba in 1959--
(A) he has trampled on the fundamental rights of the Cuban
people; and
(B) through his personal despotism, he has confiscated the
property of--
(i) millions of his own citizens;
(ii) thousands of United States nationals; and
(iii) thousands more Cubans who claimed asylum in the
United States as refugees because of persecution and later
became naturalized citizens of the United States.
(4) It is in the interest of the Cuban people that the
Cuban Government respect equally the property rights of Cuban
nationals and nationals of other countries.
(5) The Cuban Government is offering foreign investors the
opportunity to purchase an equity interest in, manage, or
enter into joint ventures using property and assets some of
which were confiscated from United States nationals.
(6) This ``trafficking'' in confiscated property provides
badly needed financial benefit, including hard currency, oil,
and productive investment and expertise, to the current Cuban
Government and thus undermines the foreign policy of the
United States--
(A) to bring democratic institutions to Cuba through the
pressure of a general economic embargo at a time when the
Castro regime has proven to be vulnerable to international
economic pressure; and
(B) to protect the claims of United States nationals who
had property wrongfully confiscated by the Cuban Government.
(7) The United States Department of State has notified
other governments that the transfer to third parties of
properties confiscated by the Cuban Government ``would
complicate any attempt to return them to their original
owners''.
(8) The international judicial system, as currently
structured, lacks fully effective remedies for the wrongful
confiscation of property and for unjust enrichment from the
use of wrongfully confiscated property by governments and
private entities at the expense of the rightful owners of the
property.
(9) International law recognizes that a nation has the
ability to provide for rules of law with respect to conduct
outside its territory that has or is intended to have
substantial effect within its territory.
(10) The United States Government has an obligation to its
citizens to provide protection against wrongful confiscations
by foreign nations and their citizens, including the
provision of private remedies.
(11) To deter trafficking in wrongfully confiscated
property, United States nationals who were the victims of
these confiscations should be endowed with a judicial remedy
in the courts of the United States that would deny
traffickers any profits from economically exploiting Castro's
wrongful seizures.
SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY
CLAIMED BY UNITED STATES NATIONALS.
(a) Civil Remedy.--
(1) Liability for trafficking.--(A) Except as otherwise
provided in this section, any person that, after the end of
the 3-month period beginning on the effective date of this
title, traffics in property which was confiscated by the
Cuban Government on or after January 1, 1959, shall be liable
to any United States national who owns the claim to such
property for money damages in an amount equal to the sum of--
(i) the amount which is the greater of--
(I) the amount, if any, certified to the claimant by the
Foreign Claims Settlement Commission under the International
Claims Settlement Act of 1949, plus interest;
(II) the amount determined under section 303(a)(2), plus
interest; or
(III) the fair market value of that property, calculated as
being either the current value of the property, or the value
of the property when confiscated plus interest, whichever is
greater; and
(ii) court costs and reasonable attorneys' fees.
(B) Interest under subparagraph (A)(i) shall be at the rate
set forth in section 1961 of title 28, United States Code,
computed by the court from the date of confiscation of the
property involved to the date on which the action is brought
under this subsection.
(2) Presumption in favor of the certified claims.--There
shall be a presumption that the amount for which a person is
liable under clause (i) of paragraph (1)(A) is the amount
that is certified as described in subclause (I) of that
clause. The presumption shall be rebuttable by clear and
convincing evidence that the amount described in subclause
(II) or (III) of that clause is the appropriate amount of
liability under that clause.
(3) Increased liability.--(A) Any person that traffics in
confiscated property for which liability is incurred under
paragraph (1) shall, if a United States national owns a claim
with respect to that property which was certified by the
Foreign Claims Settlement Commission under title V of the
International Claims Settlement Act of 1949, be liable for
damages computed in accordance with subparagraph (C).
(B) If the claimant in an action under this subsection
(other than a United States national to whom subparagraph (A)
applies) provides, after the end of the 3-month period
described in paragraph (1) notice to--
(i) a person against whom the action is to be initiated, or
(ii) a person who is to be joined as a defendant in the
action,
at least 30 days before initiating the action or joining such
person as a defendant, as the case may be, and that person,
after the end of the 30-day period beginning on the date the
notice is provided, traffics in the confiscated property that
is the subject of the action, then that person shall be
liable to that claimant for damages computed in accordance
with subparagraph (C).
(C) Damages for which a person is liable under subparagraph
(A) or subparagraph (B) are money damages in an amount equal
to the sum of--
(i) the amount determined under paragraph (1)(A)(ii), and
(ii) 3 times the amount determined applicable under
paragraph (1)(A)(i).
(D) Notice to a person under subparagraph (B)--
(i) shall be in writing;
(ii) shall be posted by certified mail or personally
delivered to the person; and
(iii) shall contain--
(I) a statement of intention to commence the action under
this section or to join the person as a defendant (as the
case may be), together with the reasons therefor;
(II) a demand that the unlawful trafficking in the
claimant's property cease immediately; and
(III) a copy of the summary statement published under
paragraph (8).
(4) Applicability.--(A) Except as otherwise provided in
this paragraph, actions may be brought under paragraph (1)
with respect to property confiscated before, on, or after the
date of the enactment of this Act.
(B) In the case of property confiscated before the date of
the enactment of this Act, a United States national may not
bring an action under this section on a claim to the
confiscated property unless such national acquires ownership
of the claim before such date of enactment.
(C) In the case of property confiscated on or after the
date of the enactment of this Act, a United States national
who, after the property is confiscated, acquires ownership of
a claim to the property by assignment for value, may not
bring an action on the claim under this section.
(5) Treatment of certain actions.--(A) In the case of a
United States national who was eligible to file a claim with
the Foreign Claims Settlement Commission under title V of the
International Claims Settlement Act of 1949 but did not so
file the claim, that United States national may not bring an
action on that claim under this section.
(B) In the case of any action brought under this section by
a United States national whose underlying claim in the action
was timely filed with the Foreign Claims Settlement
Commission under title V of the International Claims
Settlement Act of 1949 but was denied by the Commission, the
court shall accept the findings of the Commission
[[Page 417]]
on the claim as conclusive in the action under this section.
(C) A United States national, other than a United States
national bringing an action under this section on a claim
certified under title V of the International Claims
Settlement Act of 1949, may not bring an action on a claim
under this section before the end of the 2-year period
beginning on the date of the enactment of this Act.
(D) An interest in property for which a United States
national has a claim certified under title V of the
International Claims Settlement Act of 1949 may not be the
subject of a claim in an action under this section by any
other person. Any person bringing an action under this
section whose claim has not been so certified shall have the
burden of establishing for the court that the interest in
property that is the subject of the claim is not the subject
of a claim so certified.
(6) Inapplicability of act of state doctrine.--No court of
the United States shall decline, based upon the act of state
doctrine, to make a determination on the merits in an action
brought under paragraph (1) .
(7) Licenses not required.--(A) Notwithstanding any other
provision of law, an action under this section may be brought
and may be settled, and a judgment rendered in such action
may be enforced, without obtaining any license or other
permission from any agency of the United States, except that
this paragraph shall not apply to the execution of a judgment
against, or the settlement of actions involving, property
blocked under the authorities of section 5(b) of the Trading
with the Enemy Act that were being exercised on July 1, 1977,
as a result of a national emergency declared by the President
before such date, and are being exercised on the date of the
enactment of this Act.
(B) Notwithstanding any other provision of law, and for
purposes of this title only, any claim against the Cuban
Government shall not be deemed to be an interest in property
the transfer of which to a United States national required
before the enactment of this Act, or requires after the
enactment of this Act, a license issued by, or the permission
of, any agency of the United States.
(8) Publication by attorney general.--Not later than 60
days after the date of the enactment of this Act, the
Attorney General shall prepare and publish in the Federal
Register a concise summary of the provisions of this title,
including a statement of the liability under this title of a
person trafficking in confiscated property, and the remedies
available to United States nationals under this title.
(b) Amount in Controversy.--An action may be brought under
this section by a United States national only where the
amount in controversy exceeds the sum or value of $50,000,
exclusive of interest, costs, and attorneys' fees. In
calculating $50,000 for purposes of the preceding sentence,
the applicable amount under subclause (I), (II), or (III) of
subsection (a)(1)(A)(i) may not be tripled as provided in
subsection (a)(3).
(c) Procedural Requirements.--
(1) In general.--Except as provided in this title, the
provisions of title 28, United States Code, and the rules of
the courts of the United States apply to actions under this
section to the same extent as such provisions and rules apply
to any other action brought under section 1331 of title 28,
United States Code.
(2) Service of process.--In an action under this section,
service of process on an agency or instrumentality of a
foreign state in the conduct of a commercial activity, or
against individuals acting under color of law, shall be made
in accordance with section 1608 of title 28, United States
Code.
(d) Enforceability of Judgments Against Cuban Government.--
In an action brought under this section, any judgment against
an agency or instrumentality of the Cuban Government shall
not be enforceable against an agency or instrumentality of
either a transition government in Cuba or a democratically
elected government in Cuba.
(e) Certain Property Immune From Execution.--Section 1611
of title 28, United States Code, is amended by adding at the
end the following new subsection:
``(c) Notwithstanding the provisions of section 1610 of
this chapter, the property of a foreign state shall be immune
from attachment and from execution in an action brought under
section 302 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 to the extent that the property is a
facility or installation used by an accredited diplomatic
mission for official purposes.''.
(f) Election of Remedies.--
(1) Election.--Subject to paragraph (2)--
(A) any United States national that brings an action under
this section may not bring any other civil action or
proceeding under the common law, Federal law, or the law of
any of the several States, the District of Columbia, or any
commonwealth, territory, or possession of the United States,
that seeks monetary or nonmonetary compensation by reason of
the same subject matter; and
(B) any person who brings, under the common law or any
provision of law other than this section, a civil action or
proceeding for monetary or nonmonetary compensation arising
out of a claim for which an action would otherwise be
cognizable under this section may not bring an action under
this section on that claim.
(2) Treatment of certified claimants.--(A) In the case of
any United States national that brings an action under this
section based on a claim certified under title V of the
International Claims Settlement Act of 1949--
(i) if the recovery in the action is equal to or greater
than the amount of the certified claim, the United States
national may not receive payment on the claim under any
agreement entered into between the United States and Cuba
settling claims covered by such title, and such national
shall be deemed to have discharged the United States from any
further responsibility to represent the United States
national with respect to that claim;
(ii) if the recovery in the action is less than the amount
of the certified claim, the United States national may
receive payment under a claims agreement described in clause
(i) but only to the extent of the difference between the
amount of the recovery and the amount of the certified claim;
and
(iii) if there is no recovery in the action, the United
States national may receive payment on the certified claim
under a claims agreement described in clause (i) to the same
extent as any certified claimant who does not bring an action
under this section.
(B) In the event some or all actions brought under this
section are consolidated by judicial or other action in such
manner as to create a pool of assets available to satisfy the
claims in such actions, including a pool of assets in a
proceeding in bankruptcy, every claimant whose claim in an
action so consolidated was certified by the Foreign Claims
Settlement Commission under title V of the International
Claims Settlement Act of 1949 shall be entitled to payment in
full of its claim from the assets in such pool before any
payment is made from the assets in such pool with respect to
any claim not so certified.
(g) Deposit of Excess Payments by Cuba Under Claims
Agreement.--Any amounts paid by Cuba under any agreement
entered into between the United States and Cuba settling
certified claims under title V of the International Claims
Settlement Act of 1949 that are in excess of the payments
made on such certified claims after the application of
subsection (f) shall be deposited into the United States
Treasury.
(h) Termination of Rights.--
(1) In general.--All rights created under this section to
bring an action for money damages with respect to property
confiscated by the Cuban Government--
(A) may be suspended under section 204(a); and
(B) shall cease upon transmittal to the Congress of a
determination of the President under section 203(c)(3) that a
democratically elected government in Cuba is in power.
(2) Pending suits.--The suspension or termination of rights
under paragraph (1) shall not affect suits commenced before
the date of such suspension or termination (as the case may
be), and in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with the
same effect as if the suspension or termination had not
occurred.
(i) Imposition of Filing Fees.--The Judicial Conference of
the United States shall establish a uniform fee that shall be
imposed upon the plaintiff or plaintiffs in each action
brought under this section. The fee should be established at
a level sufficient to recover the costs to the courts of
actions brought under this section. The fee under this
subsection is in addition to any other fees imposed under
title 28, United States Code.
SEC. 303. PROOF OF OWNERSHIP OF CLAIMS TO CONFISCATED
PROPERTY.
(a) Evidence of Ownership.--
(1) Conclusiveness of certified claims.--In any action
brought under this title, the court shall accept as
conclusive proof of ownership of an interest in property a
certification of a claim to ownership of that interest that
has been made by the Foreign Claims Settlement Commission
under title V of the International Claims Settlement Act of
1949 (22 U.S.C. 1643 and following).
(2) Claims not certified.--If in an action under this title
a claim has not been so certified by the Foreign Claims
Settlement Commission, the court may appoint a special
master, including the Foreign Claims Settlement Commission,
to make determinations regarding the amount and ownership of
the claim. Such determinations are only for evidentiary
purposes in civil actions brought under this title and do not
constitute certifications under title V of the International
Claims Settlement Act of 1949.
(3) Effect of determinations of foreign or international
entities.--In determining the amount or ownership of a claim
in an action under this title, the court shall not accept as
conclusive evidence any findings, orders, judgments, or
decrees from administrative agencies or courts of foreign
countries or international organizations that declare the
value of or invalidate the claim, unless the declaration of
value or invalidation was found pursuant to binding
international arbitration to which the United States or the
claimant submitted the claim.
(b) Amendment of the International Claims Settlement Act of
1949.--Title V of the International Claims Settlement Act of
1949 (22 U.S.C. 1643 and following) is amended by adding at
the end the following new section:
``determination of ownership of claims referred by district courts of
the united states
``Sec. 514. Notwithstanding any other provision of this Act
and only for purposes of section 302 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996, a United States
district court, for fact-finding
[[Page 418]]
purposes, may refer to the Commission, and the Commission may
determine, questions of the amount and ownership of a claim
by a United States national (as defined in section 4 of the
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996), resulting from the confiscation of property by the
Government of Cuba described in section 503(a), whether or
not the United States national qualified as a national of the
United States (as defined in section 502(1)) at the time of
the action by the Government of Cuba.''.
(c) Rule of Construction.--Nothing in this Act or in
section 514 of the International Claims Settlement Act of
1949, as added by subsection (b), shall be construed--
(1) to require or otherwise authorize the claims of Cuban
nationals who became United States citizens after their
property was confiscated to be included in the claims
certified to the Secretary of State by the Foreign Claims
Settlement Commission for purposes of future negotiation and
espousal of claims with a friendly government in Cuba when
diplomatic relations are restored; or
(2) as superseding, amending, or otherwise altering
certifications that have been made under title V of the
International Claims Settlement Act of 1949 before the date
of the enactment of this Act.
SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION
CERTIFICATION PROCEDURE.
Title V of the International Claims Settlement Act of 1949
(22 U.S.C. 1643 and following), as amended by section 303, is
further amended by adding at the end the following new
section:
``exclusivity of foreign claims settlement commission certification
procedure
``Sec. 515. (a) Subject to subsection (b), neither any
national of the United States who was eligible to file a
claim under section 503 but did not timely file such claim
under that section, nor any person who was ineligible to file
a claim under section 503, nor any national of Cuba,
including any agency, instrumentality, subdivision, or
enterprise of the Government of Cuba or any local government
of Cuba, nor any successor thereto, whether or not recognized
by the United States, shall have a claim to, participate in,
or otherwise have an interest in, the compensation proceeds
or nonmonetary compensation paid or allocated to a national
of the United States by virtue of a claim certified by the
Commission under section 507, nor shall any district court of
the United States have jurisdiction to adjudicate any such
claim.
``(b) Nothing in subsection (a) shall be construed to
detract from or otherwise affect any rights in the shares of
capital stock of nationals of the United States owning claims
certified by the Commission under section 507.''.
SEC. 305. LIMITATION OF ACTIONS.
An action under section 302 may not be brought more than 2
years after the trafficking giving rise to the action has
ceased to occur.
SEC. 306. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), this
title and the amendments made by this title shall take effect
on August 1, 1996.
(b) Suspension Authority.--
(1) Suspension authority.--The President may suspend the
effective date under subsection (a) for a period of not more
than 6 months if the President determines and reports in
writing to the appropriate congressional committees at least
15 days before such effective date that the suspension is
necessary to the national interests of the United States and
will expedite a transition to democracy in Cuba.
(2) Additional suspensions.--The President may suspend the
effective date under subsection (a) for additional periods of
not more than 6 months each, each of which shall begin on the
day after the last day of the period during which a
suspension is in effect under this subsection, if the
President determines and reports in writing to the
appropriate congressional committees at least 15 days before
the date on which the additional suspension is to begin that
the suspension is necessary to the national interests of the
United States and will expedite a transition to democracy in
Cuba.
(c) Other Authorities.--
(1) Suspension.--After this title and the amendments of
this title have taken effect--
(A) no person shall acquire a property interest in any
potential or pending action under this title; and
(B) the President may suspend the right to bring an action
under this title with respect to confiscated property for a
period of not more than 6 months if the President determines
and reports in writing to the appropriate congressional
committees at least 15 days before the suspension takes
effect that such suspension is necessary to the national
interests of the United States and will expedite a transition
to democracy in Cuba.
(2) Additional suspensions.--The President may suspend the
right to bring an action under this title for additional
periods of not more than 6 months each, each of which shall
begin on the day after the last day of the period during
which a suspension is in effect under this subsection, if the
President determines and reports in writing to the
appropriate congressional committees at least 15 days before
the date on which the additional suspension is to begin that
the suspension is necessary to the national interests of the
United States and will expedite a transition to democracy in
Cuba.
(3) Pending suits.--The suspensions of actions under
paragraph (1) shall not affect suits commenced before the
date of such suspension, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered in this
same manner and with the same effect as if the suspension had
not occurred.
(d) Rescission of Suspension.--The President may rescind
any suspension made under subsection (b) or (c) upon
reporting to the appropriate congressional committees that
doing so will expedite a transition to democracy in Cuba.
TITLE IV--EXCLUSION OF CERTAIN ALIENS
SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE
CONFISCATED PROPERTY OF UNITED STATES NATIONALS
OR WHO TRAFFIC IN SUCH PROPERTY.
(a) Grounds for Exclusion.--The Secretary of State shall
deny a visa to, and the Attorney General shall exclude from
the United States, any alien who the Secretary of State
determines is a person who, after the date of the enactment
of this Act--
(1) has confiscated, or has directed or overseen the
confiscation of, property a claim to which is owned by a
United States national, or converts or has converted for
personal gain confiscated property, a claim to which is owned
by a United States national;
(2) traffics in confiscated property, a claim to which is
owned by a United States national;
(3) is a corporate officer, principal, or shareholder with
a controlling interest of an entity which has been involved
in the confiscation of property or trafficking in confiscated
property, a claim to which is owned by a United States
national; or
(4) is a spouse, minor child, or agent of a person
excludable under paragraph (1), (2), or (3).
(b) Definitions.--As used in this section, the following
terms have the following meanings:
(1) Confiscated; confiscation.--The terms ``confiscated''
and ``confiscation'' refer to--
(A) the nationalization, expropriation, or other seizure by
the Cuban Government of ownership or control of property--
(i) without the property having been returned or adequate
and effective compensation provided; or
(ii) without the claim to the property having been settled
pursuant to an international claims settlement agreement or
other mutually accepted settlement procedure; and
(B) the repudiation by the Cuban Government of, the default
by the Cuban Government on, or the failure of the Cuban
Government to pay--
(i) a debt of any enterprise which has been nationalized,
expropriated, or otherwise taken by the Cuban Government;
(ii) a debt which is a charge on property nationalized,
expropriated, or otherwise taken by the Cuban Government; or
(iii) a debt which was incurred by the Cuban Government in
satisfaction or settlement of a confiscated property claim.
(2) Traffics.--(A) Except as provided in subparagraph (B),
a person ``traffics'' in confiscated property if that person
knowingly and intentionally--
(i)(I) transfers, distributes, dispenses, brokers, or
otherwise disposes of confiscated property,
(II) purchases, receives, obtains control of, or otherwise
acquires confiscated property, or
(III) improves (other than for routine maintenance),
invests in (by contribution of funds or anything of value,
other than for routine maintenance), or begins after the date
of the enactment of this Act to manage, lease, possess, use,
or hold an interest in confiscated property,
(ii) enters into a commercial arrangement using or
otherwise benefiting from confiscated property, or
(iii) causes, directs, participates in, or profits from,
trafficking (as described in clause (i) or (ii)) by another
person, or otherwise engages in trafficking (as described in
clause (i) or (ii)) through another person,
without the authorization of any United States national who
holds a claim to the property.
(B) The term ``traffics'' does not include--
(i) the delivery of international telecommunication signals
to Cuba;
(ii) the trading or holding of securities publicly traded
or held, unless the trading is with or by a person determined
by the Secretary of the Treasury to be a specially designated
national;
(iii) transactions and uses of property incident to lawful
travel to Cuba, to the extent that such transactions and uses
of property are necessary to the conduct of such travel; or
(iv) transactions and uses of property by a person who is
both a citizen of Cuba and a resident of Cuba, and who is not
an official of the Cuban Government or the ruling political
party in Cuba.
(c) Exemption.--This section shall not apply where the
Secretary of State finds, on a case by case basis, that the
entry into the United States of the person who would
otherwise be excluded under this section is necessary for
medical reasons or for purposes of litigation of an action
under title III.
(d) Effective Date.--
(1) In general.--This section applies to aliens seeking to
enter the United States on or after the date of the enactment
of this Act.
(2) Trafficking.--This section applies only with respect to
acts within the meaning of
[[Page 419]]
``traffics'' that occur on or after the date of the enactment
of this Act.
And the Senate agrees to the same.
Ben Gilman,
Dan Burton,
Ileana Ros-Lehtinen,
Peter T. King,
Lincoln Diaz-Balart,
Robert G. Torricelli,
Robert Menendez,
Managers on the Part of the House.
Jesse Helms,
Paul Coverdell,
Fred Thompson,
Olympia Snowe,
Charles S. Robb,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. BURTON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
336
Nays
86
When there appeared
<3-line {>
Answered present
1
para.23.9 [Roll No. 47]
YEAS--336
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--86
Abercrombie
Barrett (WI)
Becerra
Beilenson
Berman
Bonior
Boucher
Brown (CA)
Campbell
Clay
Conyers
Coyne
DeFazio
DeLauro
Dellums
Dixon
Dooley
Eshoo
Evans
Farr
Fattah
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gibbons
Hall (OH)
Hamilton
Harman
Hinchey
Hostettler
Houghton
Jackson (IL)
Johnson (CT)
Johnson, E. B.
Johnston
Kennedy (MA)
Kleczka
LaFalce
Lewis (GA)
Lincoln
Lofgren
Lowey
Markey
McDermott
McHale
McKinney
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Oberstar
Obey
Olver
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Rangel
Reed
Richardson
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Serrano
Skaggs
Stark
Studds
Torres
Towns
Velazquez
Vento
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
ANSWERED ``PRESENT''--1
Owens
NOT VOTING--9
Bryant (TX)
Chapman
Christensen
Clayton
Collins (IL)
Collins (MI)
McCarthy
Slaughter
Stokes
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.23.10 white house travel office
Mrs. WALDHOLTZ, by direction of the Committee on Rules, reported
(Rept. No. 104-472) the resolution (H. Res. 369) to provide to the
Committee on Government Reform and Oversight special authorities to
obtain testimony for purposes of investigation and study of the White
House Travel Office matter.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.23.11 recess--6:46 p.m.
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to clause 12 of rule
I, declared the House in recess at 6 o'clock and 46 minutes p.m.,
subject to the call of the Chair.
para.23.12 after recess--7:10 p.m.
The SPEAKER pro tempore, Mr. DREIER, called the House to order.
para.23.13 providing for the consideration of h.r. 3021
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 103-473) the resolution (H. Res. 371) providing for the
consideration of the bill (H.R. 3021) to guarantee the continuing full
investment of social security and other Federal funds in obligations of
the United States.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.23.14 providing for the consideration of h.r. 3019
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 103-474) the resolution (H. Res. 372) providing for the
consideration of the bill (H.R. 3019) making appropriations for fiscal
year 1996 to make a further downpayment toward a balanced budget, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.23.15 permission to file amendment--h.r. 3019
On motion of Mr. LINDER, by unanimous consent, permission was granted
to Mr. Obey to have until midnight tonight to submit an amendment to
H.R. 3019 for printing in the Record.
para.23.16 advisory commission on intergovernmental relations
The SPEAKER pro tempore, Mr. DREIER, by unanimous consent, announced
that pursuant to the provi
[[Page 420]]
sions of section 3(a) of Public Law 86-380, the Speaker did appoint to
the Advisory Commission on Intergovernmental Relations, Messrs. Shays
and Portman.
para.23.17 leave of absence
By unanimous consent, leave of absence was granted to Ms. McCARTHY,
for March 5 and today.
And then,
para.23.18 adjournment
On motion of Mr. LINDER, at 7 o'clock and 12 minutes p.m., the House
adjourned.
para.23.19 report of committee on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SOLOMON: Committee on Rules. House Resolution 369.
Resolution to provide the Committee on Government Reform and
Oversight special authorities to obtain testimony for
purposes of investigation and study of the White House Travel
Office matter (Rept. No. 104-472). Referred to the House
Calendar.
Mr. LINDER: Committee on Rules. House Resolution 371.
Resolution providing for consideration of the bill (H.R.
3021) to guarantee the continuing full investment of Social
Security and other Federal funds in obligations of the United
States (Rept. No. 104-473). Referred to the House Calendar.
Mr. DREIER: Committee on Rules. House Resolution 372.
Resolution providing for consideration of the bill (H.R.
3019) making appropriations for fiscal year 1996 to make a
further downpayment toward a balanced budget, and for other
purposes (Rept. No. 104-474). Referred to the House Calendar.
para.23.20 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2969. Referral to the Committee on Commerce extended
for a period ending not later than March 11, 1996.
para.23.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GUTIERREZ (for himself, Ms. Velazquez, and Mr.
Serrano):
H.R. 3020. A bill to exclude voyages to or from Puerto Rico
from laws applicable to coastwise trade; to the Committee on
National Security.
By Mr. ARCHER:
H.R. 3021. A bill to guarantee the continuing full
investment of Social Security and other Federal funds in
obligations of the United States; to the Committee on Ways
and Means.
By Mr. STUDDS (for himself, Mr. McDermott, Mr. Engel,
Mr. Waxman, Mr. Beilenson, Mr. Frost, Mr. Evans, Mrs.
Collins of Illinois, Mr. Rangel, Mr. Dellums, Mr.
Gutierrez, Mr. Moran, and Mr. Lipinski):
H.R. 3022. A bill to amend the Public Health Service Act to
establish a program regarding training in lifesaving first
aid, including training in the use of automated external
defibrillators to assist individuals experiencing cardiac
arrest; to the Committee on Commerce.
By Mr. SHAW (for himself, Mr. Gilman, Mr. Hamilton, and
Mr. Souder):
H.R. 3023. A bill to require the imposition of certain
trade sanctions on countries which threaten the national
security of the United States and the health and safety of
U.S. citizens by failing to take effective action against the
production of and trafficking in illicit narcotic, and
psychotropic substances, and for other purposes; to the
Committee on Ways and Means, and in addition to the
Committees on Transportation and Infrastructure, and Rules,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. YOUNG of Alaska (for himself, Mr. Gallegly, Mr.
Gingrich, Mr. Serrano, Mr. Kennedy of Rhode Island,
Mr. Rahall, Mr. Romero-Barcelo, Mr. Gilman, Mr.
Burton of Indiana, Mr. Underwood, Mr. Calvert, Mr.
Longley, Mr. Gene Green of Texas, Mr. Deutsch, and
Mr. Klink):
H.R. 3024. A bill to provide a process leading to full
self-government for Puerto Rico; to the Committee on
Resources, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BAKER of Louisiana:
H.R. 3025. A bill to suspend until January 1, 1999, the
duty on 2,2-Dichlorophenylacetic Acid Ethel Ester [DCPAE]; to
the Committee on Ways and Means.
By Mr. BRYANT of Tennessee (for himself, Mr. Barr, Mr.
Bono, Mr. Duncan, Mr. Gekas, Mr. Goodlatte, Mr.
Heineman, Mr. Hostettler, Mr. McCollum, Mr. Schumer,
Mr. Sensenbrenner, and Mr. Smith of Texas):
H.R. 3026. A bill to amend section 372 of title 28, United
States Code, to provide that proceedings on complaints filed
with respect to conduct of a judge or magistrate judge of a
court be held by a circuit other than the circuit within
which the judge serves, and for other purposes; to the
Committee on the Judiciary.
By Mr. BRYANT of Tennessee (for himself, Mr. Barr, Mr.
Duncan, Mr. Gekas, Mr. Goodlatte, Mr. Heineman, Mr.
Hostettler, Mr. McCollum, Mr. Sensenbrenner, and Mr.
Smith of Texas):
H.R. 3027. A bill to amend title 18, United States Code,
and the Controlled Substances Act, with respect to the
payment of the costs of court-appointed attorneys in certain
criminal cases; to the Committee on the Judiciary, and in
addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CONYERS:
H.R. 3028. A bill to secure the voting rights of former
felons who have been released from incarceration; to the
Committee on the Judiciary.
By Mr. DAVIS (for himself and Ms. Norton):
H.R. 3029. A bill to designate the United States courthouse
in Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Ms. ESHOO:
H.R. 3030. A bill to establish a minimum amount that maybe
applied as an aggregate lifetime limit with respect to
coverage under an employee health benefits plan or a group
health plan; to the Committee on Economic and Educational
Opportunities, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. HANSEN:
H.R. 3031. A bill to amend the act of October 15, 1966 (80
Stat. 915), as amended, establishing a program for the
preservation of additional historic property throughout the
Nation, and for other purposes; to the Committee on
Resources.
By Mr. KANJORSKI (for himself, Mr. McDade, Mr. Murtha,
Mr. Coyne, Mr. Gekas, Mr. Holden, Mr. McHale, Mr.
Greenwood, Mr. Mascara, and Mr. Doyle):
H.R. 3032. A bill to assist State and local governments in
recovering from recent disasters; to the Committee on Banking
and Financial Services.
By Mr. MARKEY (for himself, Mr. Kasich, Mr. Kennedy of
Massachusetts, Mr. Frost, and Mr. Johnston of
Florida):
H.R. 3033. A bill to control the transfer within the United
States of infectious agents which have the potential to pose
a severe threat to the public health and safety, and for
other purposes; to the Committee on Commerce.
By Mr. MILLER of California:
H.R. 3034. A bill to amend the Indian Self-Determination
and Education Assistance Act to extend for 2 months the
authority for promulgating regulations under the act; to the
Committee on Resources.
By Mrs. MINK of Hawaii:
H.R. 3035. A bill to provide for a special application of
section 1034 of the Internal Revenue Code of 1986; to the
Committee on Ways and Means.
By Mr. MONTGOMERY (for himself, Mr. Stump, Mr. Buyer,
and Ms. Waters):
H.R. 3036. A bill to amend title 38, United States Code, to
require that the offices for management, policy, and other
functions associated with the educational assistance programs
of the Education Service of the Department of Veterans
Affairs be in the District of Columbia; to the Committee on
Veterans' Affairs.
By Mr. POMEROY:
H.R. 3037. A bill to amend title 49, United States Code, to
provide funding for the essential air service program, and
for other purposes; to the Committee on Transportation and
Infrastructure.
H.R. 3038. A bill to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes; to the
Committee on Commerce, and in addition to the Committee on
Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SCHAEFER (for himself, Mr. Tauzin, Mr. Chrysler,
Mr. Bono, Mr. Hefley, Mr. Linder, and Mr. Stump):
H.R. 3039. A bill to promote freedom, fairness, and
economic opportunity for families by repealing the income
tax, abolishing the Internal Revenue Service and enacting a
national retail sales tax to be administered primarily by the
States; to the Committee on Ways and Means.
By Mrs. SMITH of Washington (for herself, Mr. Shays,
and Mr. Meehan):
H. Res. 373. Resolution providing for the consideration of
the bill (H.R. 2566) to reform the financing of Federal
elections, and for other purposes; to the Committee on Rules.
[[Page 421]]
para.23.22 private bills and resolutions
Under clause 1 of rule XXII,
Mr. PETERSON of Florida introduced a bill (H.R. 3040) to
authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Two Can; to
the Committee on Transportation and Infrastructure.
para.23.23 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 833: Mr. McHale and Ms. Pelosi.
H.R. 835: Ms. Waters.
H.R. 911: Mr. Bilbray, Mr. Cramer, and Mr. Bilirakis.
H.R. 957: Mr. Franks of Connecticut.
H.R. 969: Mr. Kennedy of Massachusetts.
H.R. 1000: Mr. Franks of New Jersey and Mr. Brown of Ohio.
H.R. 1462: Mr. Bentsen and Mr. Skeen.
H.R. 1496: Mr. Quinn.
H.R. 1646: Mr. McHale, Mr. Wamp, Mrs. Morella, Mr. Ewing,
Mr. Barcia of Michigan, Mr. Stupak, Mr. Fazio of California,
Mr. Bateman, Mr. Bishop, Mr. Hilleary, and Mr. Sam Johnson.
H.R. 1684: Mr. Smith of Texas, Mr. Hoke, Mr. Pete Geren of
Texas, Mr. Tejeda, and Mr. Bono.
H.R. 1733: Mr. Neal, Mr. Scott and Mr. Moakley.
H.R. 1757: Mr. Nadler.
H.R. 1758: Mr. Bonior and Mr. Payne of Virginia.
H.R. 1771: Mrs. Lowey.
H.R. 1776: Mr. Thornberry, Mr. Watt of North Carolina, Mr.
Neumann, Mr. Talent, Mr. Franks of Connecticut, Mr. Bateman,
Mr. Boehlert, and Mrs. Fowler.
H.R. 1791: Mr. Barrett of Wisconsin.
H.R. 1828: Mr. Ortiz.
H.R. 2019: Mr. Abercrombie and Mr. Clement.
H.R. 2026: Mr. Talent, Mr. Franks of New Jersey, and Mr.
Sanford.
H.R. 2090: Mr. Schaefer.
H.R. 2098: Mr. Royce.
H.R. 2182: Mr. Traficant.
H.R. 2202: Mr. Cremeans, Mr. Bateman, and Mr. Martini.
H.R. 2228: Mr. Ehlers.
H.R. 2247: Ms. Eddie Bernice Johnson of Texas, Mr. Watt of
North Carolina, and Mr. Yates.
H.R. 2270: Mr. Allard and Mr. White.
H.R. 2333: Mr. Neal of Massachusetts, Mr. Hayes, and Mr.
Rangel.
H.R. 2342: Ms. Eddie Bernice Johnson of Texas.
H.R. 2401: Mr. Stupak.
H.R. 2421: Mr. Shays, Mr. Saxton, Mrs. Kelly, Mr. Blute,
Mr. Forbes, Mrs. Johnson of Connecticut, Mr. Gejdenson, Mr.
Markey, Ms. Slaughter, Mr. Studds, Mr. Ackerman, and Mr.
McNulty.
H.R. 2452: Mr. Hoke.
H.R. 2500: Mr. Hutchinson and Mr. Martinez.
H.R. 2509: Mr. Cooley and Mr. Kingston.
H.R. 2535: Mr. Chambliss.
H.R. 2551: Mr. Ney.
H.R. 2651: Mr. Bono.
H.R. 2682: Mr. Gilman.
H.R. 2701: Mr. Minge, Ms. Molinari, Mr. Hastings of
Florida, Mr. Quillen, Ms. DeLauro, Mrs. Kennelly, Mr. Ortiz,
Mrs. Lowey, and Mr. Skeen.
H.R. 2741: Mr. Barr, Mr. Armey, Mr. DeLay, Mr. Boehner, and
Mr. Tauzin.
H.R. 2745: Mr. Luther, Mr. Fox, Mr. Walsh, Mr. Rangel, Mrs.
Meyers of Kansas, Mr. Levin, and Mrs. Roukema.
H.R. 2802: Ms. Furse, Mr. Riggs, Mr. Taylor of Mississippi,
Mr. Oberstar, Mr. Bishop, Mr. Callahan, Mr. DeFazio, Mr.
Traficant, Mr. Norwood, and Mr. Hutchinson.
H.R. 2864: Mr. Fattah, Mr. Thompson, and Mr. Frank of
Massachusetts.
H.R. 2898: Mrs. Meyers of Kansas, Mr. Cunningham, and Mrs.
Roukema.
H.R. 2919: Mr. Ehlers.
H.R. 2928: Mr. Chrysler, Mr. Tiahrt, Mr. Shadegg, and Mr.
Fox.
H.R. 2930: Mr. Lazio of New York.
H.R. 2931: Mr. Frazer, Mrs. Lincoln, Mr. Frost, and Mr.
Fattah.
H.R. 2945: Mr. Farr, Mr. Abercrombie, Mr. Condit, Mr.
Towns, Ms. Kaptur, Mr. Thompson, Mr. Taylor of North
Carolina, Mrs. Collins of Illinois, and Mr. Hinchey.
H.R. 2946: Mr. Farr, Mr. Abercrombie, Mr. Condit, Mr.
Towns, Ms. Kaptur, Mr. Thompson, Mr. Taylor of North
Carolina, and Mrs. Collins of Illinois.
H.R. 2959: Mr. Frelinghuysen, Mr. Watt of North Carolina,
Mr. Gibbons, Mr. Menendez, Mr. Williams, and Mr. Clyburn.
H.R. 2972: Mr. Rush.
H.R. 2974: Mr. Christensen, Mr. Baker of Louisiana, Mr.
Skeen, Mr. LaTourette, Mr. Smith of New Jersey, Mr. Ackerman,
and Mr. Gene Green of Texas.
H.R. 2991: Mr. Frazer and Mr. Ford.
H.J. Res. 159: Mr. LaHood and Mr. Bono.
H. Con. Res. 47: Mr. Thomas.
H. Con. Res. 83: Mr. McHale.
H. Con. Res. 124: Mr. Sensenbrenner.
H. Con. Res. 144: Mr. Andrews, Mr. Foglietta, Mr. Gilman,
Mr. Schumer, and Mr. Thornton.
H. Res. 286: Mr. Torres.
H. Res. 348: Mr. Porter, Mr. Schaefer, Mr. Skeen, Mr.
Radanovich, Mr. Crane, Mr. Chrysler, Mr. Goodlatte, Mr.
Solomon, Mr. Weller, Mr. Inglis of South Carolina, Mr.
Tiahrt, Mrs. Meyers of Kansas, and Mr. Spratt.
H. Res. 362: Mr. Farr, Mr. Abercrombie, Mr. Condit, Mr.
Towns, Ms. Kaptur, Mr. Thompson, Mr. Taylor of North
Carolina, and Mrs. Collins of Illinois.
para.23.24 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
66. By the SPEAKER: Petition of the city of Miami, FL,
Commission relative to the downing of two unarmed civilian
planes on February 24, 1996, by the Cuban Government; to the
Committee on International Relations.
67. Also, petition of the Council of the District of
Columbia, relative to Council Resolution 11-251, ``Sense of
the Council Federal Payment Emergency Resolution of 1996'';
to the Committee on Government Reform and Oversight.
para.23.25 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 359: Mr. Bono.
H.R. 1963: Mr. Saxton.
.
THURSDAY, MARCH 7, 1996 (24)
para.24.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. GILLMOR,
who laid before the House the following communication:
Washington, DC,
March 7, 1996.
I hereby designate the Honorable Paul E. Gillmor to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.24.2 approval of the journal
The SPEAKER pro tempore, Mr. GILLMOR, announced he had examined and
approved the Journal of the proceedings of Wednesday, March 6, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.24.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2202. A letter from the Under Secretary of Defense,
transmitting a report of violation of the Anti-Deficiency Act
which occurred when the 114th Fighter Group, South Dakota Air
National Guard improperly expended Federal funds to purchase
clothing items for firefighters employed by the State of
South Dakota, pursuant to 31 U.S.C. 1517(b); to the Committee
on Appropriations.
2203. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled
``Medicaid Drug Use Review Demonstration Projects,'' pursuant
to Public Law 101-508, section 4401(c)(2)(B) (104 Stat. 1388-
160); to the Committee on Commerce.
2204. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated settlement of the Cyprus question, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2737(c); to the Committee on
International Relations.
2205. A communication from the President of the United
States, transmitting a report on international agreements
transmitted to Congress after the deadline for their
submission, with reasons, pursuant to 1 U.S.C. 112b(b); to
the Committee on International Relations.
2206. A letter from the Secretary of the Treasury,
transmitting the semiannual report of activities of the
inspector general for the period April 1, 1995, through
September 30, 1995, and the Secretary's semiannual report for
the same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
2207. A letter from the Register of Copyrights of the
United States of America, transmitting the office's report
entitled ``Waiver of Moral Rights in Visual Artworks'' March
1, 1996, final report to the Congress, pursuant to Public Law
101-650, section 608(a)(2) (104 Stat. 5132); to the Committee
on the Judiciary.
2208. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting the Department's reports entitled
``National Study of Water Management During Drought'' and
``Managing Water for Drought,'' pursuant to sections 707 and
729 of the Water Resources Development Act of 1986; to the
Committee on Transportation and Infrastructure.
2209. A letter from the Secretary of Transportation,
transmitting the Department's report on the implementation of
the National Intelligent Transportation Systems Program,
pursuant to Public Law 102-240, section 6054(c)(1) (105 Stat.
2191); to the Committee on Transportation and Infrastructure.
2210. A letter from the Chairman, Prospective Payment
Assessment Commission,
[[Page 422]]
transmitting the Commission's report on issues affecting
health care delivery in the United States, pursuant to Public
Law 101-508, section 4002(g)(1)(B) (104 Stat. 1388-36); to
the Committee on Ways and Means.
2211. A letter from the Administrator, General Services
Administration, transmitting the annual report regarding the
accessibility standards issued, revised, amended, or repealed
under the Architectural Barriers Act of 1968, as amended,
pursuant to 42 U.S.C. 4151; jointly, to the Committee on
Transportation and Infrastructure and Economic and
Educational Opportunities.
2212. A letter from the Secretary of Health and Human
Services, transmitting the Department's report on Medicaid
drug rebate program best price changes and rebates claimed
for 4th quarter calendar year 1992 through 2d quarter
calendar year 1994, pursuant to Public Law 102-585, section
602(b)(2) (106 Stat. 4970); jointly, to the Committees on
Commerce, National Security, and Veterans' Affairs.
para.24.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate passed with amendment a bill of the House of
the following title:
H.R. 2778. An Act to provide that members of the Armed
Forces performing services for the peacekeeping efforts in
Bosnia and Herzegovina, Croatia, and Macedonia shall be
entitled to tax benefits in the same manner as if such
services were performed in a combat zone, and for other
purposes.
para.24.5 committees and subcommittees to sit
On motion of Mr. LINDER, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Commerce, the Committee on Economic and
Educational Opportunities, the Committee on Government Reform and
Oversight, the Committee on International Relations, the Committee on
the Judiciary, the Committee on National Security, the Committee on
Resources, the Committee on Science, the Committee on Small Business,
the Committee on Transportation and Infrastructure, the Committee on
Veterans' Affairs, and the Permanent Select Committee on Intelligence.
para.24.6 providing for the consideration of h.r. 3021
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 371):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
3021) to guarantee the continuing full investment of Social
Security and other Federal funds in obligations of the United
States. The amendment printed in the report of the Committee
on Rules accompanying this resolution shall be considered as
adopted. The bill, as amended, shall be debatable for one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Means.
The previous question shall be considered as ordered on the
bill, as amended, to final passage without intervening motion
except one motion to recommit. The motion to recommit may
include instructions only if offered by the minority leader
or his designee.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.24.7 debt limit increase
Mr. ARCHER, pursuant to House Resolution 371, called up the bill (H.R.
3021) to guarantee the continuing full investment of social security and
other Federal funds in obligations of the United States.
When said bill was considered and read twice.
Pursuant to House Resolution 371, the amendment printed in House
Report No. 104-473 was considered adopted.
After debate,
Pursuant to House Resolution 371, the previous question was ordered on
the bill, as amended.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. GILLMOR, announced that the yeas had it.
Mrs. KENNELLY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
362
When there appeared
<3-line {>
Nays
51
para.24.8 [Roll No. 48]
YEAS--362
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Crane
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--51
Allard
Baker (CA)
Barr
Bartlett
Barton
Bunn
Burr
Chabot
Chenoweth
Christensen
Coburn
Coleman
Cooley
Cox
Crapo
Dickey
Doolittle
Dornan
Ensign
Forbes
Hancock
Hansen
Hayworth
Hefley
Istook
Largent
McInnis
McIntosh
Metcalf
Mica
Norwood
Nussle
Pelosi
Pombo
Radanovich
Royce
[[Page 423]]
Salmon
Scarborough
Schaefer
Schroeder
Shadegg
Shays
Souder
Stockman
Taylor (MS)
Thomas
Thornberry
Tiahrt
Traficant
Visclosky
Watts (OK)
NOT VOTING--18
Barcia
Bryant (TX)
Chapman
Clay
Collins (MI)
Diaz-Balart
Dicks
Green
Hastert
Houghton
Hoyer
Jones
Myers
Portman
Ros-Lehtinen
Stokes
Waters
Wynn
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.24.9 providing for the consideration of h.r. 3019
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 372):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3019) making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes. The first reading of the bill shall
be dispensed with. General debate shall be confined to the
bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Appropriations. After general debate the bill
shall be considered for amendment under the five-minute rule.
The amendment printed in section 2 of this resolution shall
be considered as adopted in the House and in the Committee of
the Whole. The bill, as amended, shall be considered as the
original bill for the purpose of further amendment. This
bill, as amended, shall be considered as read. No further
amendment shall be in order except those specified in the
report of the Committee on Rules accompanying this
resolution. Each further amendment may be considered only in
the order specified in the report, may be offered only by a
Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments
specified in the report are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit. The motion to recommit may include instructions
only if offered by the minority leader or his designee.
Sec. 2. The amendment considered as adopted in the House
and in the Committee of the Whole is as follows:
Page 539, line 16, strike ``specifically addresses the
availability of'' and insert in lieu thereof ``expressly
makes available for obligation''.
When said resolution was considered.
After debate,
Mr. DREIER submitted the following amendment:
Page 3, after 12, add the following:
``Page 539, line 15, strike `legislation' and insert in
lieu thereof `reconciliation legislation'.''.
On motion of Mr. DREIER, the previous question was ordered on the
amendment and the resolution.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. GILLMOR, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
183
para.24.10 [Roll No. 49]
YEAS--228
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--183
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--20
Barr
Becerra
Bryant (TX)
Chapman
Clay
Collins (MI)
Cox
Diaz-Balart
Gilman
Green
Hayes
Herger
Myers
Peterson (MN)
Pomeroy
Ros-Lehtinen
Scarborough
Stokes
Weldon (PA)
Wilson
So the amendment was agreed to.
The question being put, viva voce,
Will the House agree to said resolution, as amended?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. MOAKLEY demanded a recorded vote on agreeing to said resolution,
as amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
[[Page 424]]
It was decided in the
Yeas
235
<3-line {>
affirmative
Nays
175
para.24.11 [Roll No. 50]
AYES--235
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cooley
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
LoBiondo
Longley
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Moorhead
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--175
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--21
Becerra
Bryant (TX)
Chapman
Chenoweth
Clay
Collins (MI)
Cox
Davis
Diaz-Balart
Flanagan
Goodling
Green
Hayes
Livingston
Myers
Ros-Lehtinen
Roth
Scarborough
Stokes
Weldon (PA)
Wilson
So the resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said resolution, as amended,
was agreed to was, by unanimous consent, laid on the table.
para.24.12 further downpayment toward a balanced budget
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 372
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3019) making appropriations for fiscal year 1996 to make a further
downpayment toward a balanced budget, and for other purposes.
The SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent, designated
Mr. DREIER as Chairman of the Committee of the Whole; and after some
time spent therein,
para.24.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. LOWEY:
Page 372, strike section 509 (relating to State discretion
to not fund abortions under Medicaid).
It was decided in the
Yeas
198
<3-line {>
negative
Nays
222
para.24.14 [Roll No. 51]
AYES--198
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Bilbray
Bishop
Blute
Boehlert
Bono
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Cardin
Castle
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Coyne
Cramer
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Dunn
Durbin
Edwards
Ehrlich
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Greenwood
Gunderson
Gutierrez
Harman
Hefner
Hilliard
Hinchey
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Klug
Kolbe
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lincoln
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Miller (CA)
Minge
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Pryce
Ramstad
Rangel
Reed
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Slaughter
Spratt
Stark
Studds
Tanner
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
White
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zeliff
Zimmer
NOES--222
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Bonior
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Ehlers
Emerson
English
Ensign
Everett
Fields (TX)
Flanagan
Forbes
Frisa
Funderburk
Gallegly
[[Page 425]]
Gekas
Geren
Gillmor
Goodlatte
Goodling
Goss
Graham
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kanjorski
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Manton
Manzullo
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
NOT VOTING--11
Bryant (TX)
Chapman
Clay
Collins (MI)
Ewing
Ford
Green
Hayes
Johnson (SD)
Myers
Stokes
So the amendment was not agreed to.
After some further time,
The Committee rose informally to receive messages from the President.
The SPEAKER pro tempore, Mr. LINDER, assumed the Chair.
para.24.15 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries, who also informed the House the President, subsequent to
the sine die adjournment of the First Session of the 104th Congress,
approved and signed bills of the House of the following titles:
January 4, 1996:
H.R. 2808. An Act to extend authorities under the Middle
East Peace Facilitation Act of 1994 until March 31, 1996, and
for other purposes.
January 6, 1996:
H.R. 1655. An Act to authorize appropriations for fiscal
year 1996 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
January 10, 1996:
H.R. 394. An Act to amend title 4 of the United States Code
to limit State taxation of certain pension income.
H.R. 2627. An Act to require the Secretary of the Treasury
to mint coins in commemoration of the sesquicentennial of the
founding of the Smithsonian Institution.
January 11, 1996:
H.R. 2203. An Act to reauthorize the tied aid credit
program of the Export-Import Bank of the United States, and
to allow the Export-Import Bank to conduct a demonstration
project.
January 16, 1996:
H.R. 1295. An Act to amend the Trademark Act of 1946 to
make certain revisions relating to the protection of famous
marks.
The Committee resumed its sitting; and after some further time spent
therein,
para.24.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ISTOOK:
At the end of the bill (preceding the short title), add the
following new title:
Title V--Disclosure of Lobbying Activities by Federal Grantees
disclosure of lobbying activities by federal grantees
Sec. 5001. (a) Disclosure Requirements.--Not later than
December 31 of each year, each organization receiving a
Federal grant shall provide (via either electronic or paper
medium) to each Federal entity that awarded or administered
its grant an annual report for the previous Federal fiscal
year, certified by the organization's chief executive officer
of equivalent person of authority, setting forth--
(1) the organization's name and grantee identification
number;
(2) the amount or value of each grant (including all
administrative and overhead costs awarded), and the
description of each such grant and the name of the Federal
agency awarding such grant; and
(3) a good faith estimate of the organization's actual
expenses on lobbying activities in the most recent taxable
year.
(b) Exemptions.--This section shall not apply to an
individual or a State, local, or Indian tribal government.
(c) Definitions.--For purposes of this section:
(1) Federal grant.--The term ``Federal grant'' means money
or real property that is paid or provided by the Federal
Government to any organization. Such term does not include
(A) any assistance described in section 6302(2) of title 31,
United States Code; (B) any amount paid under a procurement
contract described in section 6303(1) of such title; or (C)
and payment or assistance described in clause (ii), (iii),
(iv), or (vii) of section 6501(4)(C) of such title.
(2) Lobbying activity.--The term ``lobbying activity''
means any activity that is either (A) a lobbying activity
within the meaning of section 3 of the Lobbying Disclosure
Act of 1995; or (B) an activity influencing legislation
within the meaning of section 4911 of the Internal Revenue
Code of 1986. Such term shall also include advocating the
election or defeat of any candidate for public office, or the
passage or non-passage of any ballot proposition.
(D) Public Accountability.--
(1) Public availability of lobbying disclosure forms.--Each
Federal entity awarding a Federal grant shall make publicly
available the grant application, and any annual report
provided under subsection (a) by the organization receiving
the grant.
(2) Accessibility to public.--The public's access to the
documents identified in paragraph (1) shall be facilitated by
the Federal entity by--
(A) placement of such documents in the Federal entity's
public document reading room;
(B) expediting any requests under section 552 of title 5,
United States Code (the Freedom of Information Act), ahead of
any requests for other information pending at such Federal
entity; and
(C) submitting to the Bureau of the Census a report
(standardized by the Office of Management and Budget) setting
forth the information provided in such documents, which the
Bureau of the Census shall make available to the public
through the Internet.
(3) Withholding prohibited.--Records described in paragraph
(1) shall not be subject to withholding, except under the
exemption set forth in subsection (b)(7)(A) of section 552 of
title 5, United States Code.
(4) Fees prohibited.--No fees for searching for or copying
such documents shall be charged to the public.
(e) Construction.--No provision of this section may be
construed to affect whether any organization is exempt from,
or subject to, tax under the Internal Revenue Code of 1986.
(f) Regulations.--The Director of the Office of Management
and Budget shall issue any regulations necessary to carry out
this section.
(g) Effective Date.--
(1) In general.--This section shall take effect January 1,
1996, and apply thereafter.
(2) Prior activities not taken into account.--In applying
this section, only expenditures made after December 31, 1995,
in taxable years ending after such date shall be taken into
account.
(3) Annualization for partial taxable years.--in the case
of a taxable year that ends after December 31, 1995, and
begins before January 1, 1996, each of the dollar amounts
applicable under this section shall be proportionally reduced
to reflect the portion of such taxable year after December
31, 1995.
It was decided in the
Yeas
211
<3-line {>
affirmative
Nays
209
para.24.17 [Roll No. 52]
AYES--211
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
[[Page 426]]
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--209
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bunn
Campbell
Canady
Cardin
Castle
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Leach
Levin
Lewis (CA)
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--12
Bevill
Bryant (TX)
Chapman
Clay
Collins (MI)
de la Garza
Durbin
Green
Hayes
Johnson (SD)
Myers
Stokes
So the amendment was agreed to.
After some further time,
para.24.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CRAPO:
At the end of the bill (before the short title), add the
following new title:
TITLE V--DEFICIT REDUCTION LOCK-BOX
SEC. 501. SHORT TITLE.
This title may be cited as the ``Deficit Reduction Lock-box
Act of 1996''.
SEC. 502. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``deficit reduction lock-box ledger
``Sec. 314. (a) Establishment of Ledger.--The Director of
the Congressional Budget Office (hereinafter in this section
referred to as the ``Director'') shall maintain a ledger to
be known as the ``Deficit Reduction Lock-box Ledger''. The
Ledger shall be divided into entries corresponding to the
subcommittees of the Committees on Appropriations. Each entry
shall consist of three parts: the `House Lock-box Balance';
the `Senate Lock-box Balance'; and the `Joint House-Senate
Lock-box Balance'.
``(b) Components of Ledger.--Each component in an entry
shall consist only of amounts credited to it under subsection
(c). No entry of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) The Director shall,
upon the engrossment of any appropriation bill by the House
of Representatives and upon the engrossment of that bill by
the Senate, credit to the applicable entry balance of that
House amounts of new budget authority and outlays equal to
the net amounts of reductions in new budget authority and in
outlays resulting from amendments agreed to by that House to
that bill.
``(2) The Director shall, upon the engrossment of Senate
amendments to any appropriation bill, credit to the
applicable Joint House-Senate Lock-box Balance the amounts of
new budget authority and outlays equal to--
``(A) an amount equal to one-half of the sum of (i) the
amount of new budget authority in the House Lock-box Balance
plus (ii) the amount of new budget authority in the Senate
Lock-box Balance for that bill; and
``(B) an amount equal to one-half of the sum of (i) the
amount of outlays in the House Lock-box Balance plus (ii) the
amount of outlays in the Senate Lock-box Balance for that
bill.
``(3) Calculation of Lock-Box Savings in Senate.--For
purposes of calculating under this section the net amounts of
reductions in new budget authority and in outlays resulting
from amendments agreed to by the Senate on an appropriation
bill, the amendments reported to the Senate by its Committee
on Appropriations shall be considered to be part of the
original text of the bill.
``(d) Definition.--As used in this section, the term
`appropriation bill' means any general or special
appropriation bill, and any bill or joint resolution making
supplemental, deficiency, or continuing appropriations
through the end of a fiscal year.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 313 the following new item:
``Sec. 314. Deficit reduction lock-box ledger.''.
SEC. 503. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropriations
bill by the House a running tally of the amendments adopted
reflecting increases and decreases of budget authority in the
bill as reported.
SEC. 504. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND
SECTION 602(B) SUBALLOCATIONS.
(a) Allocations.--Section 602(a) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new paragraph:
``(5) Upon the engrossment of Senate amendments to any
appropriation bill (as defined in section 314(d)) for a
fiscal year, the amounts allocated under paragraph (1) or (2)
to the Committee on Appropriations of each House upon the
adoption of the most recent concurrent resolution on the
budget for that fiscal year shall be adjusted downward by the
amounts credited to the applicable Joint House-Senate Lock-
box Balance under section 314(c)(2). The revised levels of
budget authority and outlays shall be submitted to each House
by the chairman of the Committee on the Budget of that House
and shall be printed in the Congressional Record.''.
(b) Suballocations.--Section 602(b)(1) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new sentence: ``Whenever an adjustment is made
under subsection (a)(5) to an allocation under that
subsection, the chairman of the Committee on Appropriations
of each House shall make downward adjustments in the most
recent suballocations of new budget authority and outlays
under subparagraph (A) to the appropriate subcommittees of
that committee in the total amounts of those adjustments
under section 314(c)(2). The revised suballocations shall be
submitted to each House by the chairman of the Committee on
Appropriations of that House and shall be printed in the
Congressional Record.''.
SEC. 505. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974
is amended by adding at the end the following new sentence:
``Such reports shall also include an up-to-date tabulation of
the amounts contained in the ledger and each entry
established by section 314(a).''.
SEC. 506. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING
LIMITS.
The discretionary spending limits for new budget authority
and outlays for any fiscal year set forth in section
601(a)(2) of the Congressional Budget Act of 1974, as
adjusted in strict conformance with section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985,
shall be reduced by the amounts set forth in the final
regular appropriation bill for that fiscal year or joint
resolution making continuing appropriations through the end
of that fiscal year. Those amounts shall be the sums of the
Joint House-Senate Lock-box Balances for that fiscal year, as
calculated under section 602(a)(5) of the Congressional
Budget Act of 1974. That bill or joint resolution shall
contain the following statement of law: ``As required by
section 6 of the Deficit Reduction Lock-box Act of 1995, for
fiscal year [insert appropriate fiscal year] and each out-
year, the adjusted discretionary spending limit for new
budget authority shall be reduced by $ [insert appropriate
amount of reduction] and the adjusted discretionary limit for
outlays shall be re
[[Page 427]]
duced by $ [insert appropriate amount of reduction] for the
budget year and each out-year.'' Notwithstanding section
904(c) of the Congressional Budget Act of 1974, section 306
of that Act as it applies to this statement shall be waived.
This adjustment shall be reflected in reports under sections
254(g) and 254(h) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 507. EFFECTIVE DATE.
(a) In General.--This title shall apply to all
appropriation bills making appropriations for fiscal year
1996 or any subsequent fiscal year.
(b) FY96 Application.--In the case of any appropriation
bill for fiscal year 1996 engrossed by the House of
Representatives after August 4, 1995 and before the date of
enactment of this bill, the Director of the Congressional
Budget Office, the Director of the Office of Management and
Budget, and the Committees on Appropriations and the
Committees on the Budget of the House of Representatives and
of the Senate shall, within 10 calendar days after that date
of enactment of this Act, carry out the duties required by
this title and amendments made by it that occur after the
date this Act was engrossed by the House of Representatives.
(c) FY96 Allocations.--The duties of the Director of the
Congressional Budget Office and of the Committees on the
Budget and on Appropriations of the House of Representatives
pursuant to this title and the amendments made by it
regarding appropriation bills for fiscal year 1996 shall be
based upon the revised section 602(a) allocations in effect
on August 4, 1995.
(d) Definition.--As used in this section, the term
``appropriation bill'' means any general or special
appropriation bill, and any bill or joint resolution making
supplemental, deficiency, or continuing appropriations
through the end of a fiscal year.
It was decided in the
Yeas
329
<3-line {>
affirmative
Nays
89
para.24.19 [Roll No. 53]
AYES--329
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Volkmer
Waldholtz
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--89
Abercrombie
Baker (CA)
Bateman
Becerra
Beilenson
Berman
Bonilla
Bonior
Borski
Brown (CA)
Brown (FL)
Callahan
Clayton
Collins (IL)
Conyers
Coyne
Dellums
Dicks
Dingell
Dixon
Engel
Evans
Fattah
Foglietta
Ford
Frank (MA)
Frelinghuysen
Gibbons
Gillmor
Gonzalez
Gutierrez
Hastings (FL)
Hinchey
Hoyer
Jackson (IL)
Johnston
Klink
Knollenberg
LaFalce
Lewis (CA)
Lewis (GA)
Livingston
Lowey
Markey
McCrery
McDade
McDermott
McKinney
Meek
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Owens
Packard
Payne (NJ)
Pelosi
Rahall
Rangel
Rogers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Saxton
Skaggs
Skeen
Stark
Studds
Thompson
Torres
Towns
Velazquez
Vento
Vucanovich
Walker
Waters
Watt (NC)
Waxman
Williams
Wilson
Woolsey
Yates
NOT VOTING--13
Bevill
Bryant (TX)
Chapman
Clay
Collins (MI)
Durbin
Green
Hayes
Johnson (SD)
Myers
Radanovich
Stockman
Stokes
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. DREIER, Chairman, pursuant to House Resolution 372, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
At the end of the bill (preceding the short title), add the
following new title:
Title V--Disclosure of Lobbying Activities by Federal Grantees
disclosure of lobbying activities by federal grantees
Sec. 5001. (a) Disclosure Requirements.--Not later than
December 31 of each year, each organization receiving a
Federal grant shall provide (via either electronic or paper
medium) to each Federal entity that awarded or administered
its grant an annual report for the previous Federal fiscal
year, certified by the organization's chief executive officer
of equivalent person of authority, setting forth--
(1) the organization's name and grantee identification
number;
(2) the amount or value of each grant (including all
administrative and overhead costs awarded), and the
description of each such grant and the name of the Federal
agency awarding such grant; and
(3) a good faith estimate of the organization's actual
expenses on lobbying activities in the most recent taxable
year.
(b) Exemptions.--This section shall not apply to an
individual or a State, local, or Indian tribal government.
(c) Definitions.--For purposes of this section:
(1) Federal grant.--The term ``Federal grant'' means money
or real property that is paid or provided by the Federal
Government to any organization. Such term does not include
(A) any assistance described in section 6302(2) of title 31,
United States Code; (B) any amount paid under a procurement
contract described in section 6303(1) of such title; or (C)
and payment or assistance described in clause (ii), (iii),
(iv), or (vii) of section 6501(4)(C) of such title.
(2) Lobbying activity.--The term ``lobbying activity''
means any activity that is either (A) a lobbying activity
within the meaning of section 3 of the Lobbying Disclosure
Act of 1995; or (B) an activity influencing legislation
within the meaning of section 4911 of the Internal Revenue
Code of 1986. Such term shall also include advocating the
election or defeat of any candidate for public office, or the
passage or non-passage of any ballot proposition.
(D) Public Accountability.--
(1) Public availability of lobbying disclosure forms.--Each
Federal entity awarding a Federal grant shall make publicly
available the grant application, and any annual report
provided under subsection (a) by the organization receiving
the grant.
(2) Accessibility to public.--The public's access to the
documents identified in paragraph (1) shall be facilitated by
the Federal entity by--
(A) placement of such documents in the Federal entity's
public document reading room;
[[Page 428]]
(B) expediting any requests under section 552 of title 5,
United States Code (the Freedom of Information Act), ahead of
any requests for other information pending at such Federal
entity; and
(C) submitting to the Bureau of the Census a report
(standardized by the Office of Management and Budget) setting
forth the information provided in such documents, which the
Bureau of the Census shall make available to the public
through the Internet.
(3) Withholding prohibited.--Records described in paragraph
(1) shall not be subject to withholding, except under the
exemption set forth in subsection (b)(7)(A) of section 552 of
title 5, United States Code.
(4) Fees prohibited.--No fees for searching for or copying
such documents shall be charged to the public.
(e) Construction.--No provision of this section may be
construed to affect whether any organization is exempt from,
or subject to, tax under the Internal Revenue Code of 1986.
(f) Regulations.--The Director of the Office of Management
and Budget shall issue any regulations necessary to carry out
this section.
(g) Effective Date.--
(1) In general.--This section shall take effect January 1,
1996, and apply thereafter.
(2) Prior activities not taken into account.--In applying
this section, only expenditures made after December 31, 1995,
in taxable years ending after such date shall be taken into
account.
(3) Annualization for partial taxable years.--in the case
of a taxable year that ends after December 31, 1995, and
begins before January 1, 1996, each of the dollar amounts
applicable under this section shall be proportionally reduced
to reflect the portion of such taxable year after December
31, 1995.
At the end of the bill (before the short title), add the
following new title:
TITLE V--DEFICIT REDUCTION LOCK-BOX
SEC. 501. SHORT TITLE.
This title may be cited as the ``Deficit Reduction Lock-box
Act of 1996''.
SEC. 502. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``deficit reduction lock-box ledger
``Sec. 314. (a) Establishment of Ledger.--The Director of
the Congressional Budget Office (hereinafter in this section
referred to as the ``Director'') shall maintain a ledger to
be known as the ``Deficit Reduction Lock-box Ledger''. The
Ledger shall be divided into entries corresponding to the
subcommittees of the Committees on Appropriations. Each entry
shall consist of three parts: the `House Lock-box Balance';
the `Senate Lock-box Balance'; and the `Joint House-Senate
Lock-box Balance'.
``(b) Components of Ledger.--Each component in an entry
shall consist only of amounts credited to it under subsection
(c). No entry of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) The Director shall,
upon the engrossment of any appropriation bill by the House
of Representatives and upon the engrossment of that bill by
the Senate, credit to the applicable entry balance of that
House amounts of new budget authority and outlays equal to
the net amounts of reductions in new budget authority and in
outlays resulting from amendments agreed to by that House to
that bill.
``(2) The Director shall, upon the engrossment of Senate
amendments to any appropriation bill, credit to the
applicable Joint House-Senate Lock-box Balance the amounts of
new budget authority and outlays equal to--
``(A) an amount equal to one-half of the sum of (i) the
amount of new budget authority in the House Lock-box Balance
plus (ii) the amount of new budget authority in the Senate
Lock-box Balance for that bill; and
``(B) an amount equal to one-half of the sum of (i) the
amount of outlays in the House Lock-box Balance plus (ii) the
amount of outlays in the Senate Lock-box Balance for that
bill.
``(3) Calculation of Lock-Box Savings in Senate.--For
purposes of calculating under this section the net amounts of
reductions in new budget authority and in outlays resulting
from amendments agreed to by the Senate on an appropriation
bill, the amendments reported to the Senate by its Committee
on Appropriations shall be considered to be part of the
original text of the bill.
``(d) Definition.--As used in this section, the term
`appropriation bill' means any general or special
appropriation bill, and any bill or joint resolution making
supplemental, deficiency, or continuing appropriations
through the end of a fiscal year.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 313 the following new item:
``Sec. 314. Deficit reduction lock-box ledger.''.
SEC. 503. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropriations
bill by the House a running tally of the amendments adopted
reflecting increases and decreases of budget authority in the
bill as reported.
SEC. 504. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND
SECTION 602(B) SUBALLOCATIONS.
(a) Allocations.--Section 602(a) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new paragraph:
``(5) Upon the engrossment of Senate amendments to any
appropriation bill (as defined in section 314(d)) for a
fiscal year, the amounts allocated under paragraph (1) or (2)
to the Committee on Appropriations of each House upon the
adoption of the most recent concurrent resolution on the
budget for that fiscal year shall be adjusted downward by the
amounts credited to the applicable Joint House-Senate Lock-
box Balance under section 314(c)(2). The revised levels of
budget authority and outlays shall be submitted to each House
by the chairman of the Committee on the Budget of that House
and shall be printed in the Congressional Record.''.
(b) Suballocations.--Section 602(b)(1) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new sentence: ``Whenever an adjustment is made
under subsection (a)(5) to an allocation under that
subsection, the chairman of the Committee on Appropriations
of each House shall make downward adjustments in the most
recent suballocations of new budget authority and outlays
under subparagraph (A) to the appropriate subcommittees of
that committee in the total amounts of those adjustments
under section 314(c)(2). The revised suballocations shall be
submitted to each House by the chairman of the Committee on
Appropriations of that House and shall be printed in the
Congressional Record.''.
SEC. 505. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974
is amended by adding at the end the following new sentence:
``Such reports shall also include an up-to-date tabulation of
the amounts contained in the ledger and each entry
established by section 314(a).''.
SEC. 506. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING
LIMITS.
The discretionary spending limits for new budget authority
and outlays for any fiscal year set forth in section
601(a)(2) of the Congressional Budget Act of 1974, as
adjusted in strict conformance with section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985,
shall be reduced by the amounts set forth in the final
regular appropriation bill for that fiscal year or joint
resolution making continuing appropriations through the end
of that fiscal year. Those amounts shall be the sums of the
Joint House-Senate Lock-box Balances for that fiscal year, as
calculated under section 602(a)(5) of the Congressional
Budget Act of 1974. That bill or joint resolution shall
contain the following statement of law: ``As required by
section 6 of the Deficit Reduction Lock-box Act of 1995, for
fiscal year [insert appropriate fiscal year] and each out-
year, the adjusted discretionary spending limit for new
budget authority shall be reduced by $ [insert appropriate
amount of reduction] and the adjusted discretionary limit for
outlays shall be reduced by $ [insert appropriate amount of
reduction] for the budget year and each out-year.''
Notwithstanding section 904(c) of the Congressional Budget
Act of 1974, section 306 of that Act as it applies to this
statement shall be waived. This adjustment shall be reflected
in reports under sections 254(g) and 254(h) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 507. EFFECTIVE DATE.
(a) In General.--This title shall apply to all
appropriation bills making appropriations for fiscal year
1996 or any subsequent fiscal year.
(b) FY96 Application.--In the case of any appropriation
bill for fiscal year 1996 engrossed by the House of
Representatives after August 4, 1995 and before the date of
enactment of this bill, the Director of the Congressional
Budget Office, the Director of the Office of Management and
Budget, and the Committees on Appropriations and the
Committees on the Budget of the House of Representatives and
of the Senate shall, within 10 calendar days after that date
of enactment of this Act, carry out the duties required by
this title and amendments made by it that occur after the
date this Act was engrossed by the House of Representatives.
(c) FY96 Allocations.--The duties of the Director of the
Congressional Budget Office and of the Committees on the
Budget and on Appropriations of the House of Representatives
pursuant to this title and the amendments made by it
regarding appropriation bills for fiscal year 1996 shall be
based upon the revised section 602(a) allocations in effect
on August 4, 1995.
(d) Definition.--As used in this section, the term
``appropriation bill'' means any general or special
appropriation bill, and any bill or joint resolution making
supplemental, deficiency, or continuing appropriations
through the end of a fiscal year.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. OBEY moved to recommit the bill to the Committee on Appropriations
with instructions to report the bill back to the House forthwith with
the following amendment:
On page 386, line 15, strike all after ``tion'' through
``11'' on page 387, line 5.
After debate,
[[Page 429]]
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the nays had it.
Mr. OBEY demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
182
<3-line {>
negative
Nays
228
para.24.20 [Roll No. 54]
AYES--182
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NOES--228
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Baker (LA)
Bevill
Bryant (TX)
Chabot
Chapman
Clay
Collins (MI)
Dornan
Durbin
Ford
Green
Harman
Hayes
Hoke
Johnson (SD)
McCrery
McDade
Myers
Stockman
Stokes
Williams
So the motion to recommit with instructions was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
209
<3-line {>
affirmative
Nays
206
para.24.21 [Roll No. 55]
YEAS--209
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
McCollum
McDade
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--206
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Cardin
Castle
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Frank (MA)
Franks (CT)
Frost
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Largent
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
[[Page 430]]
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Scarborough
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Souder
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--17
Baker (LA)
Bevill
Bryant (TX)
Chabot
Chapman
Clay
Collins (MI)
Duncan
Durbin
Green
Hayes
Johnson (SD)
McCrery
Myers
Stockman
Stokes
Taylor (NC)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.24.22 waiving points of order against conference report on h.r.
1561
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-476) the resolution (H. Res. 375) waiving points of order against
the conference report to accompany the bill (H.R. 1561) to consolidate
the foreign affairs agencies of the United States to authorize
appropriations for the Department of State and related agencies for
fiscal years 1996 and 1996; to responsibly reduce the authorizations of
appropriations for United States foreign assistance programs for 1996
and 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.24.23 providing for the consideration of h.r. 2703
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-477) the resolution (H. Res. 376) providing for the consideration of
the bill (H.R. 2703) to combat terrorism.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.24.24 further message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3021. An Act to guarantee the continuing full
investment of Social Security and other Federal funds in
obligations of the United States.
para.24.25 white house travel office
Mrs. WALDHOLTZ, by direction of the Committee on Rules, called up the
following resolution (H. Res. 369):
Resolved, That--
(a) The Chairman of the Committee on Government Reform and
Oversight, for purposes of the committee's investigation and
study of the White House Travel Office matter, may, upon
consultation with the ranking minority member of the
committee, authorize the taking of affidavits, and of
depositions pursuant to notice or subpoena, by a member or
staff of the committee designated by the chairman, or require
the furnishing of information by interrogatory, under oath
administered by a person otherwise authorized by law to
administer oaths.
(b) Deposition and affidavit testimony, and information
received by interrogatory, shall be deemed to have been taken
in executive session of the committee in Washington, District
of Columbia. All deposition and affidavit testimony and
information received by interrogatory shall be considered
nonpublic until received by the committee, except that all
such testimony and information shall, unless otherwise
directed by the committee, be available for use by members of
the committee in open session of the committee.
When said resolution was considered.
After debate,
On motion of Mrs. WALDHOLTZ, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.24.26 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Friday, March 8, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, March 12, 1996, for ``morning
hour'' debates.
para.24.27 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
13, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.24.28 land disposal program flexibility
On motion of Mr. OXLEY, by unanimous consent, the bill (H.R. 2036) to
amend the Solid Waste Disposal Act to make certain adjustments in the
land disposal program to provide needed flexibility, and for other
purposes; together with the following amendments of the Senate thereto,
was taken from the Speaker's table:
Page 2, line 3, strike out ``1995'' and insert ``1996''.
Page 2, strike out all after line 3 over to and including
line 15 on page 4 and insert:
SEC. 2. LAND DISPOSAL RESTRICTIONS.
Section 3004(g) of the Solid Waste Disposal Act is amended
by adding after paragraph (6) the following:
``(7) Solid waste identified as hazardous based solely on
one or more characteristics shall not be subject to this
subsection, any prohibitions under subsection (d), (e), or
(f), or any requirement promulgated under subsection (m)
(other than any applicable specific methods of treatment, as
provided in paragraph (8)) if the waste--
``(A) is treated in a treatment system that subsequently
discharges to waters of the United States pursuant to a
permit issued under section 402 of the Federal Water
Pollution Control Act (commonly known as the ``Clean Water
Act'') (33 U.S.C. 1342), treated for the purposes of the
pretreatment requirements of section 307 of the Clean Water
Act (33 U.S.C. 1317), or treated in a zero discharge system
that, prior to any permanent land disposal, engages in
treatment that is equivalent to treatment required under
section 402 of the Clean Water Act (33 U.S.C. 1342) for
discharges to waters of the United States, as determined by
the Administrator; and
``(B) no longer exhibits a hazardous characteristic prior
to management in any land-based solid waste management unit.
``(8) Solid waste that otherwise qualifies under paragraph
(7) shall nevertheless be required to meet any applicable
specific methods of treatment specified for such waste by the
Administrator under subsection (m), including those specified
in the rule promulgated by the Administrator June 1, 1990,
prior to management in a land-based unit as part of a
treatment system specified in paragraph (7)(A). No solid
waste may qualify under paragraph (7) that would generate
toxic gases, vapors, or fumes due to the presence of cyanide
when exposed to pH conditions between 2.0 and 12.5.
``(9) Solid waste identified as hazardous based on one or
more characteristics alone shall not be subject to this
subsection, any prohibitions under subsection (d), (e), or
(f), or any requirement promulgated under subsection (m) if
the waste no longer exhibits a hazardous characteristic at
the point of injection in any Class I injection well
permitted under section 1422 of title XIV of the Public
Health Service Act (42 U.S.C. 300h-1).
``(10) Not later than five years after the date of
enactment of this paragraph, the Administration shall
complete a study of hazardous waste managed pursuant to
paragraph (7) or (9) to characterize the risks to human
health or the environment associated with such management. In
conducting this study, the Administrator shall evaluate the
extent to which risks are adequately addressed under existing
State or Federal programs and whether unaddressed risks could
be better addressed under such laws or programs. Upon receipt
of additional information or upon completion of such study
and as necessary to protect human health and the environment,
the Administrator may impose additional requirements under
existing Federal laws, including subsection (m)(1), or rely
on other State or Federal programs or authorities to address
such risks. In promulgating any treatment standards pursuant
to subsection (m)(1) under the previous sentence, the
Administrator shall take into account the extent to which
treatment is occurring in land-based units as part of a
treatment system specified in paragraph (7)(A).
``(11) Nothing in paragraph (7) or (9) shall be interpreted
or applied to restrict any inspection or enforcement
authority under the provisions of this Act.''.
Page 7, line 12, strike out ``paragraph.''.'' and insert:
``paragraph.''
Page 7, after line 12 insert:
``(5) Alaska native villages.--Upon certification by the
Governor of the State of
[[Page 431]]
Alaska that application of the requirements described in
paragraph (1) to a solid waste landfill unit of a Native
village (as defined in section 3 of the Alaska Native Claims
Settlement Act (16 U.S.C. 1602)) or unit that is located in
or near a small, remote Alaska village would be infeasible,
or would not be cost-effective, or is otherwise inappropriate
because of the remote location of the unit, the State may
exempt the unit from some or all of these requirements. This
paragraph shall apply only to solid waste landfill units that
dispose of less than 20 tons of municipal solid waste daily,
based on an annual average.
``(6) Further revisions of guidelines and criteria.--
Recognizing the unique circumstances of small communities,
the Administrator shall, not later than two years after
enactment of this provision promulgate revisions to the
guidelines and criteria promulgated under this subtitle to
provide additional flexibility to approved States to allow
landfills that receive 20 tons or less of municipal solid
waste per day, based on an annual average, to use alternative
frequencies of daily cover application, frequencies of
methane gas monitoring, infiltration layers for final cover;
and means for demonstrating financial assurance: Provided,
That such alternative requirements take into account climatic
and hydrogeologic conditions and are protective of human
health and environment.''.
On motion of Mr. OXLEY, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.24.29 message from the president--dod reorganization
The SPEAKER pro tempore, Mrs. WALDHOLTZ, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
As required by section 603 of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986, I am transmitting a report on the
National Security Strategy of the United States.
William J. Clinton.
The White House, March 7, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on National Security.
para.24.30 permission to file supplemental report
On motion of Mr. BILIRAKIS, by unanimous consent, the Committee on
Agriculture was granted permission to file a supplemental report on the
bill (H.R. 2202) to amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by increasing
border patrol and investigative personnel, by increasing penalties for
alien smuggling and for document fraud, by reforming exclusion and
deportation law and procedures, by improving the verification system for
eligibilty for emploment, and through other measures, to reform the
legal immigration system and facilitate legal entries into the United
States, and for other purposes.
para.24.31 committee resignation--minority
The SPEAKER pro tempore, Mrs. WALDHOLTZ, laid before the House the
following communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 7, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives.
Mr. Speaker: This letter constitutes my official
resignation from the Joint Economic Committee.
Sincerely,
David R. Obey,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.24.32 joint economic committee
The SPEAKER pro tempore, Mrs. WALDHOLTZ, by unanimous consent,
announced that pursuant to the provisions of 15 U.S.C., the Speaker did
appoint to the Joint Economic Committee, Mr. Hinchey and Mrs. Maloney,
on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.24.33 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 2778. An Act to provide that members of the Armed
Forces performing services for the peacekeeping efforts in
Bosnia and Herzegovina, Croatia, and Macedonia shall be
entitled to tax benefits in the same manner as if such
services were performed in a combat zone, and for other
purposes.
H.R. 3021. An Act to guarantee the continuing full
investment of Social Security and other funds in obligations
of the United States.
para.24.34 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GREEN, for today; and
To Mr. MYERS, for today.
And then,
para.24.35 adjournment
On motion of Mr. HORN, at 9 o'clock and 7 minutes p.m., the House
adjourned.
para.24.36 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 2202. A bill to amend the Immigration and Nationality
Act to improve deterrence of illegal immigration to the
United States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes; with
amendments (Rept. No. 104-469 Pt. 2). Ordered to be printed.
Mr. SCHUSTER: Committee on Transportation and
Infrastructure. H.R. 2276. A bill to establish the Federal
Aviation Administration as an independent establishment in
the executive branch, and for other purposes; with an
amendment (Rept. No. 104-475, Pt. 1). Ordered to be printed.
Mr. GOSS: Committee on Rules. House Resolution 375.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 1561) to consolidate the
foreign affairs agencies of the United States; to authorize
appropriations for the Department of State and related
agencies for fiscal years 1996 and 1997; to responsibly
reduce the authorizations of appropriations for United States
foreign assistance programs for fiscal years 1996 and 1997,
and for other purposes (Rept. No. 104-476). Referred to the
House Calendar.
Ms. PRYCE: Committee on Rules. House Resolution 376.
Resolution providing for consideration of the bill (H.R.
2703) to combat terrorism (Rept. No. 104-477). Referred to
the House Calendar.
para.24.37 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2276. Referral to the Committees on Government Reform
and Oversight and the Budget extended for a period ending not
later than March 11, 1996.
para.24.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CALVERT:
H.R. 3041. A bill to supplement the Small Reclamation
Projects Act of 1956 and to supplement the Federal
Reclamation Laws by providing for Federal cooperation in
nonfederal projects and for participation by nonfederal
agencies in Federal projects; to the Committee on Resources.
By Mr. FIELDS of Louisiana:
H.R. 3042. A bill to amend the Internal Revenue Code of
1986 to allow individuals an exclusion from gross income for
certain amounts of unearned income; to the Committee on Ways
and Means.
By Mrs. JOHNSON of Connecticut:
H.R. 3043. A bill to amend the Internal Revenue Code of
1986 to promote the continuity and portability of health
insurance coverage by restricting discrimination based on
health status, limiting use of preexisting condition
exclusions, and making COBRA continuation coverage more
affordable; to the Committee on Ways and Means.
By Mr. GOSS:
H.R. 3044. A bill to amend the Small Business Act to
provide disaster assistance loans for small businesses that
operate within a unit of the National Park System or the
National Wildlife Refuge System, and have suffered
substantial economic injury as a result of a partial shutdown
of the Federal Government during the period beginning
December 15, 1995, and ending January 5, 1996; to the
Committee on Small Business.
By Mr. ABERCROMBIE (for himself and Mrs. Mink of
Hawaii):
H.R. 3045. A bill to amend chapter 3 of title 28, United
States Code, to provide for the appointment in each Federal
judicial circuit court of appeals, of at least one resident
of each State in such circuit, and for other purposes; to the
Committee on the Judiciary.
[[Page 432]]
By Mr. BAKER of Louisiana:
H.R. 3046. A bill to provide for one additional Federal
judge for the middle district of Louisiana; to the Committee
on the Judiciary.
By Mr. ENSIGN (for himself and Mrs. Vucanovich):
H.R. 3047. A bill to amend the Internal Revenue Code of
1986 to permit individual retirement accounts and certain
individually directed accounts to acquire gold, silver,
platinum, or palladium bullion without treating the
acquisition as a distribution; to the Committee on Ways and
Means.
By Mr. EWING:
H.R. 3048. A bill to authorize small entities to seek
judicial review of agency certifications of the economic
impacts of rules on small entities, and for other purposes;
to the Committee on the Judiciary, and in addition to the
Committee on Small Business, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. GOODLING (for himself and Mr. Kildee):
H.R. 3049. A bill to amend section 1505 of the Higher
Education Act of 1965 to provide for the continunity of the
Board of Trustees of the Institute of American Indian and
Alaska Native Culture and Arts Development; to the Committee
on Economic and Educational Opportunities.
By Mr. JOHNSON of South Dakota (for himself, Mr.
Pomeroy, and Mr. Allard):
H.R. 3050. A bill to prohibit imports into the United
States of meat products from the European Union until certain
unfair trade barriers are removed, and for other purposes; to
the Committee on Ways and Means.
By Mr. KENNEDY of Massachusetts (for himself, Mr.
Kasich, and Mr. Markey):
H.R. 3051. A bill to amend title 18, United States Code, to
further restrict certain activities relating to biological
weapons, and for other purposes; to the Committee on the
Judiciary.
By Mrs. KENNELLY:
H.R. 3052. A bill to amend title XVIII of the Social
Security Act to provide annual screening mammography and
waive deductibles and coinsurance for screening mammography
under the Medicare Program; to the Committee on Commerce, and
in addition to the Committee on Ways and Means, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MARKEY:
H.R. 3053. A bill to amend the Federal Election Campaign
Act of 1971 for a voluntary system of spending limits and
benefits for congressional election campaigns, and for other
purposes; to the Committee on House Oversight, and in
addition to the Committees on Commerce, the Judiciary, Ways
and Means, and Government Reform and Oversight, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MYRICK:
H.R. 3054. A bill to amend the Fair Labor Standards Act of
1938 to permit State and local government workers to perform
volunteer services for their employer or community
organization or purpose without requiring the employer to pay
them compensation; to the Committee on Economic and
Educational Opportunities.
By Mr. NORWOOD (for himself, Mr. Goodling, and Mr.
Clay):
H.R. 3055. A bill to amend section 326 of the Higher
Education Act of 1965 to permit continued participation by
historically black graduate professional schools in the grant
program authorized by that section; to the Committee on
Economic and Educational Opportunities.
By Mr. RIGGS
H.R. 3056. A bill to permit a county-operated health
insuring organization to qualify as an organization exempt
from certain requirements otherwise applicable to health
insuring organizations under the Medicaid Program
notwithstanding that the organization enrolls Medicaid
beneficiaries residing in another county; to the Committee on
Commerce.
By Mrs. SCHROEDER (for herself, Mrs. Meyers of Kansas,
Mr. Waxman, Mr. Stark, Mr. Matsui, Mr. Conyers, Mr.
Ackerman, Mr. Fattah, Mr. Frank of Massachusetts, Ms.
Norton, Ms. Lofgren, Ms. Velazquez, Mr. Wilson, Ms.
Jackson-Lee, Mrs. Maloney, Mr. McDermott, Mr.
Torkildsen, Mr. Thompson, Ms. Woolsey, Mr. Fazio of
California, Mr. Olver, Mrs. Morella, Mr. Berman, Mrs.
Mink of Hawaii, Mr. Hinchey, Mr. Zimmer, Mr.
Abercrombie, Mr. DeFazio, Mr. Farr, Mr. Skaggs, Mr.
Boucher, Mr. Baldacci, Mr. Meehan, Mrs. Lowey, Mr.
Yates, Mr. Greenwood, Ms. Pelosi, Mr. Hastings of
Florida, Ms. Brown of Florida, Mr. Coleman, Ms.
Rivers, Mr. Bentsen, Mr. Dellums, Mr. Filner, Mr.
Bryant of Texas, Mr. Gejdenson, Mrs. Roukema, Mr.
Miller of California, Mr. Sanders, and Mr. Watt of
North Carolina):
H.R. 3057. A bill to amend title 18, United States Code, to
eliminate the prohibitions on the transmission of abortion
related matters, and for other purposes; to the Committee on
the Judiciary.
By Mr. COX (for himself, Mr. Gilman, Mr. Spence, Mr.
Gingrich, Mr. Armey, Mr. DeLay, Mr. Boehner, Ms.
Molinari, Mrs. Vucanovich, Mr. Nussle, Mr. Lantos,
Mr. Solomon, Mr. Torricelli, Mr. Deutsch, Mr.
Andrews, Mr. Baker of California, Mr. Ballenger, Mr.
Barton of Texas, Mr. Bereuter, Mr. Boehlert, Mr.
Bono, Mr. Brewster, Ms. Brown of Florida, Mr. Brown
of Ohio, Mr. Bunning of Kentucky, Mr. Burton of
Indiana, Mr. Buyer, Mr. Calvert, Mr. Campbell, Mr.
Chabot, Mr. Chambliss, Mrs. Chenoweth, Mr. Clinger,
Mr. Collins of Georgia, Mr. Condit, Mr. Diaz-Balart,
Mr. Doolittle, Mr. Dornan, Mr. English of
Pennsylvania, Ms. Eshoo, Mr. Ewing, Mr. Faleomavaega,
Mr. Foley, Mr. Frelinghuysen, Mr. Funderburk, Mr.
Pete Geren of Texas, Mr. Gillmor, Mr. Goodling, Mr.
Goss, Mr. Greenwood, Mr. Gutknecht, Mr. Hastert, Mr.
Hastings of Washington, Mr. Hyde, Mr. Sam Johnson,
Mr. Kingston, Mr. Knollenberg, Mr. Kolbe, Mr. Levin,
Mr. McInnis, Mr. McIntosh, Mr. McKeon, Mr. Metcalf,
Mr. Miller of Florida, Mr. Payne of New Jersey, Ms.
Pelosi, Mr. Porter, Mr. Rohrabacher, Ms. Ros-
Lehtinen, Mr. Royce, Mr. Salmon, Mr. Scarborough,
Mrs. Seastrand, Mr. Smith of New Jersey, Mr. Souder,
Mr. Stearns, Mr. Talent, Mr. Torkildsen, Mr.
Underwood, Mr. Walker, Mr. Weldon of Florida, Mr.
Weller, and Mr. Zimmer):
H. Con. Res. 148. Concurrent resolution expressing the
sense of the Congress that the United States is committed to
the military stability of the Taiwan Straits and United
States military forces should defend Taiwan in the event of
invasion, missile attack, or blockade by the People's
Republic of China; to the Committee on International
Relations.
By Mr. GILMAN (for himself, Mr. Lantos, Mr.
Abercrombie, Mr. Barrett, of Wisconsin, Bateman, Mr.
Beilenson, Mr. Berman, Mr. Bereuter, Mr. Bilbray, Mr.
Bliley, Mr. Boehlert, Mr. Borski, Mr. Brown of Ohio,
Mr. Canady, Mr. Coyne, Mr. Deutsch, Mr. Doyle, Mr.
Diaz-Balart, Mr. Dornan, Ms. Dunn of Washington, Mr.
Durbin, Mr. Engel, Mr. English of Pennsylvania, Mr.
Forbes, Mr. Fox, Mr. Franks of Connecticut, Mr.
Frelinghuysen, Mr. Frisa, Mr. Frost, Mr. Gordon, Mr.
Greenwood, Mr. Gunderson, Ms. Harman, Mr. Hastings of
Florida, Mr. Holden, Mr. Hostettler, Mr. Hoyer, Mr.
Hutchinson, Mrs. Kennelly, Mr. King, Mr. Kleczka, Mr.
Klug, Mr. Lazio of New York, Mr. LoBiondo, Mr.
Longley, Mrs. Lowey, Mr. Matsui, Mr. McCollum, Mr.
McDade, Mr. McInnis, Mr. Meehan, Mr. Metcalf, Mrs.
Meyers of Kansas, Mrs. Morella, Mr. Neal of
Massachusetts, Mr. Nethercutt, Mr. Olver, Mr. Orton,
Mr. Payne of Virginia, Ms. Pryce, Mr. Ramstad, Mrs.
Roukema, Mr. Salmon, Mr. Sanford, Mr. Saxton, Mr.
Sawyer, Mrs. Schroeder, Mr. Schumer, Mr. Shaw, Mr.
Smith of Texas, Mr. Souder, Mr. Tejeda, Mr.
Underwood, Mr. Chabot, Mrs. Meek of Florida, Mr.
Ackerman, Mr. Bunn of Oregon, Mr. Kim, Mr.
Knollenberg, Mr. Torkildsen, and Mr. Torricelli):
H. Con. Res. 149. Concurrent resolution condemning terror
attacks in Israel; to the Committee on International
Relations.
By Mr. CHRYSLER:
H. Con. Res. 150. Concurrent resolution authorizing the use
of the Capitol Grounds for an event sponsored by the
Specialty Equipment Market Association; to the Committee on
Transportation and Infrastructure.
By Mr. LANTOS (for himself, Mr. King, Mr. Armey, Mr.
Gilman, Mr. Hamilton, Mr. Frost, Mr. Ackerman, Mr.
Baker of California, Mr. Ballenger, Mr. Barr, Mr.
Bartlett of Maryland, Mr. Bass, Mr. Bateman, Mr.
Bereuter, Mr. Berman, Mr. Bliley, Mr. Blute, Mr.
Bono, Mr. Campbell, Mr. Cox, Mr. Doolittle, Mr.
Dornan, Mr. Emerson, Mr. Everett, Mr. Foley, Mr.
Franks of Connecticut, Mr. Frisa, Mr. Funderburk, Mr.
Gejdenson, Mr. Gillmor, Mr. Hall of Texas, Ms.
Harman, Mr. Heineman, Mr. Holden, Mr. Hostettler, Ms.
Lofgren, Mrs. Lowey, Ms. Molinari, Mr. Saxton, Mr.
Skelton, Mr. Smith of New Jersey, Mr. Stockman, Mr.
Torricelli, Mrs. Vucanovich, Mr. Watts of Oklahoma,
Mr. Weller, and Mr. Zimmer):
H. Res. 374. Resolution condemning the visit of Louis
Farrakhan to Libya, Iran, and Iraq and urging the President
to take appropriate action to determine if such visits and
actions resulting from agreements or understandings reached
during these visits violate Federal law; to the Committee on
International Relations.
By Mrs. JOHNSON of Connecticut (for herself and Mr.
McDermott):
H. Res. 377. Resolution providing amounts for further
expenses of the Committee on Standards of Official Conduct in
the second session of the 104th Congress; to the Committee on
House Oversight.
para.24.39 additional sponsors
Under clause 4 of the rule XXII, sponsors were added to public bills
and resolutions as follows:
[[Page 433]]
H.R. 103: Mr. Mica.
H.R. 109: Mr. Brown of California.
H.R. 499: Mr. Stockman and Mr. Cramer.
H.R. 519: Mr. Hoke.
H.R. 580: Mr. Combest and Ms. McKinney.
H.R. 708: Mrs. Kelly.
H.R. 713: Mr. Chapman.
H.R. 789: Mr. Hancock.
H.R. 820: Mr. Oberstar, Mr. Obey, Mr. Lewis of Kentucky,
Mr. Owens, and Mr. Minge.
H.R. 833: Mr. Molinari and Mrs. Roukema.
H.R. 858: Mr. Saxton.
H.R. 1023: Mr. Gutierrez, Mr. Quinn, and Mr. Archer.
H.R. 1073: Mr. Payne of Virginia.
H.R. 1074: Mr. Payne of Virginia.
H.R. 1179: Mr. Miller of California, Mr. Kildee, Mr. Ford,
Mr. Quillen, Mr. Flake, Mr. Hastings of Florida, Mr. Bishop,
Ms. McKinney, Mr. Hilliard, Mr. Watt of North Carolina, Mr.
Gordon, and Mr. Frazer.
H.R. 1389: Mr. Gejdenson.
H.R. 1406: Mr. Volkmer, Mrs. Thurman, Ms. Eshoo, and Mr.
Sawyer.
H.R. 1547: Mr. Gutierrez.
H.R. 1656: Mr. Moakley.
H.R. 1661: Mr. Wise, Mr. Camp, Ms. Dunn of Washington, Mr.
Stenholm, Mr. Nethercutt, Mr. Hyde, and Mr. Bliley.
H.R. 1662: Mr. Lewis of Georgia.
H.R. 1687: Mr. Nadler, Mrs. Maloney, Ms. Molinari, and Mr.
Cardin.
H.R. 1711: Mr. Tiahrt, Mr. Miller of Florida, and Mr.
Ramstad.
H.R. 1828: Mr. Pickett.
H.R. 2011: Mr. Hayes.
H.R. 2178: Mr. Clay.
H.R. 2200: Mr. Hilleary, Mr. Bartlett of Maryland, and Mr.
Moorhead.
H.R. 2230: Mr. Stearns, Mr. Payne of Virginia, Mr. Peterson
of Florida, Mr. Solomon, Mr. Hefner, Mr. Funderburk, and Mr.
Lewis of Kentucky.
H.R. 2240: Mr. Campbell, Ms. McKinney, and Mr. Cunningham.
H.R. 2272: Mr. Davis, Mr. Thompson, Ms. Norton, Mr. Rahall,
Mr. Ackerman, and Mr. Filner.
H.R. 2276: Mr. Stupak, Mr. Cunningham, Mr. Filner, and Mr.
Burton of Indiana.
H.R. 2508: Mr. Ney, Mr. Cramer, Mr. Jones, and Mr.
Jefferson.
H.R. 2521: Mr. McHugh, Mr. Shays, Mr. Baker of Louisiana,
Mr. Mica, Mr. Martini, Mr. Scarborough, and Mr. Souder.
H.R. 2548: Mr. Jones.
H.R. 2579: Ms. Pelosi, Mr. Mica, Mr. Jones, Mr. Meehan, Mr.
Stenholm, Mr. Bunning of Kentucky, Mr. Dicks, Mr. Gilchrest,
Mr. King, Mr. Pallone, Mr. McDermott, Mr. Traficant, Mr.
Holden, and Mr. DeFazio.
H.R. 2607: Mr. Deutsch, Mr. Ney, and Mr. Kennedy of
Massachusetts.
H.R. 2740: Mr. Frisa.
H.R. 2741: Mr. Bunning of Kentucky, Mr. Coble, Mr. Ehrlich,
Mr. Fawell, Mr. Goss, Mr. Gunderson, Mr. Hansen, Mr. Hastert,
Mr. Hoekstra, Mr. Hutchinson, Mr. Ramstad, Mr. Roberts, Mr.
Solomon, and Mr. Zeliff.
H.R. 2748: Mr. McNulty, Mr. Markey, and Mr. Abercrombie.
H.R. 2757: Mr. Quinn, Mr. Jones, Mr. Heineman, Mr. Olver,
Mr. Deal of Georgia, and Mr. Pallone.
H.R. 2764: Mr. Gene Green of Texas, Mr. Stockman, Mr.
Faleomavaega, Mr. Shadegg, Mr. Manton, and Mr. McCollum.
H.R. 2777: Mr. Payne of Virginia, Mr. Bryant of Texas, and
Mr. Olver.
H.R. 2798: Mr. Gene Green of Texas, Mr. Shadegg, Mr. Hall
of Texas, and Mr. Riggs.
H.R. 2807: Ms. Eddie Bernice Johnson of Texas.
H.R. 2820: Mr. Brownback, Mr. Neumann, and Mr. Sam Johnson.
H.R. 2822: Mr. Hancock, Mr. Kolbe, Mr. Dreier, Mr. Fields
of Texas, and Mr. Peterson of Florida
H.R. 2846: Mr. Rangel, Mr. Stark, Mr. Moakley, Mr.
Lipinski, and Ms. Norton.
H.R. 2875: Mr. Hastings of Florida, Mr. Gene Green of
Texas, and Mr. Manton.
H.R. 2912: Mr. Ward, Mr. Payne of New Jersey, Mr. Bryant of
Texas, Mr. Kennedy of Massachusetts, and Mr. Weldon of
Pennsylvania.
H.R. 2922: Ms. Eddie Bernice Johnson of Texas.
H.R. 2955: Mr. Salmon.
H.R. 2969: Mr. Gillmor and Mr. Barrett of Wisconsin.
H.R. 2992: Mr. Royce.
H.R. 2994: Mr. Rangel, Mr. Payne of Virginia, Mr.
Greenwood, Mrs. Clayton, and Mr. Schiff.
H.R. 3002: Mr. Lipinski.
H.R. 3004: Mr. Schaefer, Mr. Barton of Texas, and Mr.
Bryant of Texas.
H.R. 3006: Mr. Matsui.
H.R. 3023: Mr. Burton of Indiana.
H.J. Res. 159: Mr. Zimmer.
H.J. Res. 162: Mr. English of Pennsylvania, Mr. Souder, Mr.
Bono, and Mr. Burton of Indiana.
H. Con. Res. 8: Mr. Doyle.
H. Con. Res. 47: Mr. Funderburk and Mr. Smith of Michigan.
H. Con. Res. 125: Mr. Hoke.
H. Con. Res. 134: Mr. Chrysler and Mr. Weller.
H. Con. Res. 135: Mr. Evans.
H.Res. 347: Mr. DeFazio, Mr. Talent, Mr. Payne of New
Jersey, Mr. Evans, Mr. Klug, Mr. Miller of California, Mr.
Cunningham, Mrs. Morella, and Mr. Lantos.
.
FRIDAY, MARCH 8, 1996 (25)
para.25.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
NETHERCUTT, who laid before the House the following communication:
Washington, DC,
March 8, 1996.
I hereby designate the Honorable George R. Nethercutt, Jr.,
to act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.25.2 approval of the journal
The SPEAKER pro tempore, Mr. NETHERCUTT, announced he had examined and
approved the Journal of the proceedings of Thursday, March 7, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.25.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2213. A letter from the Assistant Administrator,
Environmental Protection Agency, transmitting a final rule
under the Federal Insecticide, Fungicide, and Rodenticide Act
[FIFRA], pursuant to 7 U.S.C. 136w(a)(4); to the Committee on
Agriculture.
2214. A letter from the Secretary of the Army, transmitting
notification that certain major defense acquisition programs
have breached the unit cost by more than 15 percent, pursuant
to 10 U.S.C. 2431(b)(3)(A); to the Committee on National
Security.
2215. A letter from the Secretary of Defense, transmitting
certification that certain officers currently serving in the
Armed Forces of the United States have served satisfactorily
in their current grades, therefore the Secretary has approved
their retirements in the grades listed below: Leon E.
Salomon, general, U.S. Army; Howard D. Graves, lieutenant
general, U.S. Army; Robert J. Spane, vice admiral, U.S. Navy;
and Richard M. Scofield, lieutenant general, U.S. Air Force,
pursuant to 10 U.S.C. 1370(c); to the Committee on National
Security.
2216. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report entitled
``Country Reports on Human Rights Practices for 1995,''
pursuant to sections 116(d)(1) and 502B(b) of the Foreign
Assistance Act of 1961, as amended, and section 505(c) of the
Trade Act of 1974, as amended; to the Committee on
International Relations.
2217. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for drawdown under sections 552(c)(2) and
506(A)(1) of the Foreign Assistance Act to support the
provision of emergency antiterrorism assistance to the
Government of Israel, pursuant to sections 506(b) and 652 of
the Foreign Assistance Act of 1961, as amended; to the
Committee on International Relations.
2218. A letter from the Vice President (Government and
Public Affairs), National Railroad Passenger Corporation
[Amtrak], transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2219. A letter from the Special Counsel, Office of Special
Counsel, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2220. A letter from the Administrator, Panama Canal
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
2221. A letter from the Attorney General of the United
States, transmitting the Attorney General's report entitled
``Report on State Domestic and Sexual Violence Data
Collection,'' pursuant to 42 U.S.C. 13962; to the Committee
on the Judiciary.
2222. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-217,
``Closing of a Portion of a Public Alley in Square 5259, S.O.
92-45, Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2223. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-218,
``Highway Trust Fund Establishment Temporary Act of 1996,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
para.25.4 submission of conference report--h.r. 1561
Mr. SMITH of New Jersey submitted a conference report (Rept. No. 104-
478) on the bill (H.R. 1561) to consolidate the foreign affairs agencies
of the United States to authorize appropriations for the Department of
State and related agencies for fiscal years 1996 and 1996; to
responsibly reduce the authorizations of appropriations for United
States foreign assistance programs for 1996 and 1997, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
And then,
[[Page 434]]
para.25.5 adjournment
On motion of Mr. BROWDER, pursuant to the special order agreed to on
March 7, 1996, at 10 o'clock and 14 minutes a.m., the House adjourned
until 12:30 p.m. on Tuesday, March 12, 1996.
para.25.6 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports on committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BLILEY: Committee on Commerce. H.R. 2969. A bill to
eliminate the Board of Tea Experts by repealing the Tea
Importation Act of 1897 (Rept. No. 104-467, Pt. 2). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. ROBERTS: Committee on Agriculture. H.R. 2202. A bill to
amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by
increasing penalties for alien smuggling and for document
fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes; with
amendments (Rept. No. 104-469, Pt. 3). Referred to the
Committee of the Whole House on the State of the Union.
Mr. GILMAN: Committee of Conference. Conference report on
H.R. 1561. A bill to consolidate the foreign affairs agencies
of the United States; to authorize appropriations for the
Department of State and related agencies for fiscal years
1996 and 1997; to responsibly reduce the authorizations of
appropriations for United States foreign assistance programs
for fiscal years 1996 and 1997, and for other purposes (Rept.
No. 104-478). Ordered to be printed.
para.25.7 discharge of committees
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2202. The Committees on Banking and Financial
Services, Economic and Educational Opportunities National
Security, and Ways and Means, discharged from further
consideration. Referred to the Committee of the Whole House
on the State of the Union.
para.25.8 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. THOMAS (for himself and Mr. Fazio of
California):
H.R. 3058. A bill to amend the Uniformed and Overseas
Citizens Absentee Voting Act to extend the period for receipt
of absentee ballots, and for other purposes; to the Committee
on House Oversight.
By Mr. DURBIN:
H.R. 3059. A bill to direct the Secretary of Health and
Human Services to prepare and publish annually a consumer
guide to prescription drug prices; to the Committee on
Commerce.
para.25.9 memorials
Under clause 4 of rule XXII,
204. The SPEAKER presented a memorial of the House of
Representatives of the State of Georgia, relative to urging
the Congress of the United States to reject the proposal to
sell facilities used to generate electric power marketed by
the Southeastern Power Administration; to the Committee on
Resources.
para.25.10 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H. Con. Res. 127: Mr. Metcalf, Mr. Lipinski, Mr. Rush, and
Mrs. Meyers of Kansas.
H. Con. Res. 144: Mr. Richardson, Mr. Sisisky, and Mr.
Tejeda.
.
TUESDAY, MARCH 12, 1996 (26)
para.26.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. KOLBE, who laid before the House the following
communication:
Washington, DC,
March 12, 1996.
I hereby designate the Honorable Jim Kolbe to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.26.2 recess--1:01 p.m.
The SPEAKER pro tempore, Mr. KOLBE, pursuant to clause 12 of rule I,
declared the House in recess until 2 p.m.
para.26.3 after recess--2:00 p.m.
The SPEAKER called the House to order.
para.26.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, March 8, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.26.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2224. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year, if any, and the budget year provided by H.R.
1868, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-578); to the Committee on the Budget.
2225. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the Administration's
report entitled ``Annual Report to Congress--Progress on
Superfund Implementation in Fiscal Year 1995,'' pursuant to
45 U.S.C. 9651; to the Committee on Commerce.
2226. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
design and development subphase two of the NATO Improved Link
Eleven [NILE] project (Transmittal No. 06-96), pursuant to 22
U.S.C. 2767(f); to the Committee on International Relations.
2227. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning a
cooperative project with Norway for development of a
composite hull structural monitoring system (Transmittal No.
05-96), pursuant to 22 U.S.C. 2767(f); to the Committee on
International Relations.
2228. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
2229. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Program Review of
the Economic Development Finance Corporation For Fiscal Year
1994,'' pursuant to D.C. Code, section 47-117(d); to the
Committee on Government Reform and Oversight.
2230. A letter from the Assistant Secretary for Human
Resources and Administration, Department of Energy,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2231. A letter from the Director, Office of Personnel
Management, transmitting notification that it is in the
public interest to use procedures other than full and open
competition to award a particular OMP contract, pursuant to
41 U.S.C. 253(c)(7); to the Committee on Government Reform
and Oversight.
2232. A letter from the Vice President and General Counsel,
Overseas Private Investment Corporation, transmitting a
report of activities under the Freedom of Information Act for
calendar year 1995, pursuant to 5 U.S.C. 552(e); to the
Committee on Government Reform and Oversight.
2233. A letter from the Secretary of Transportation,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2234. A letter from the Director, Selective Service System,
transmitting a report of activities under the Freedom of
Information Act for calendar year 1995, pursuant to 5 U.S.C.
552(e); to the Committee on Government Reform and Oversight.
2235. A letter from the Administrator, Small Business
Administration, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552; to the Committee on Government Reform and
Oversight.
2236. A letter from the Staff Director, U.S. Commission on
Civil Rights, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2237. A letter from the Chairman, U.S. Nuclear Regulatory
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
2238. A letter from the President, Boy Scouts of America,
transmitting the Boy Scouts of America 1995 report to the
Nation, pursuant to 36 U.S.C. 28; to the Committee on the
Judiciary.
2239. A letter from the Comptroller General of the United
States, transmitting a report entitled, ``Financial Audit:
Federal Family Education Loan Program's Financial Statements
for Fiscal Years 1994 and 1993'' (GAO/AIMD-96-22), pursuant
to Public Law 101-576, section 305 (104 Stat. 2853); jointly,
to the Committees on Government Reform and Oversight and
Economic and Educational Opportunities.
para.26.6 corrections calendar
Pursuant to clause 4, rule XIII,
[[Page 435]]
The SPEAKER pro tempore, Mr. CAMP, directed the Corrections Calendar
to be called.
When,
para.26.7 medicare and medicaid coverage date bank repeal
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 2685) to repeal
the Medicare and Medicaid Coverage Date Bank.
When said bill was considered and read twice.
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 4 of rule XIII,
recognized Mr. THOMAS and Mr. STARK, each for 30 minutes.
During debate,
para.26.8 point of order
Mr. THOMAS made a point of order, and said:
``QMB's, who are qualified Medicare-Medicaid beneficiaries, are
seniors. We are dealing with legislation that deals with people who are
employed by employers to collect data for purposes of determining
primary and secondary payers, and I believe the gentleman's statements
are not germane.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The gentleman from California [Mr. Stark] must confine his remarks
to the subject of the bill.''.
After some further time,
para.26.9 point of order
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, is the question propounded by the gentleman from Texas
[Mr. Doggett] germane to this legislation and therefore a question that
should be answered?''.
Mr. DOGGETT was recognized to speak to the point of order and said:
``Mr. Speaker, surely it is permissible in the course of one of these
debates, and I can understand the gentleman's [Mr. Thomas] desire not to
get into this destruction to the health care of our seniors across the
country by raising this issue, but surely it is appropriate under the
rules of the House to make an inquiry of someone who is opposed to this
legislation as to what the legislation affects. That is all I have
asked, is whether or not the seniors in American are going to be
affected by changing this data bank to seniors who would lose out if
there are no standards to protect them in nursing homes.''.
Mr. THOMAS was recognized to speak to the point of order and said:
``The gentleman from Texas [Mr. Doggett] is at a disadvantage. He
arrived on the floor not hearing the gentleman from California's [Mr.
Stark] opening statement, in which he said he was not opposed to this
legislation. There is no opposition to this legislation. ...
``The purpose of this debate under the rules is to discuss the matter
in front of us, and all this gentleman from California is trying to do
is to maintain decorum and order in the House and request that the
Speaker enforce the Rules of the House so that we may have an orderly
debate and not traverse the countryside in any and all directions by any
individual who may have an honest and earnest attempt to discuss this
issue or may be motivated by other reasons.''.
The SPEAKER pro tempore, Mr. CAMP, overruled the point of order, and
said:
``The gentleman has made his point of order. The Chair is prepared to
rule.
``The question is relevant to the extent of coverage of the data bank
under this bill, and the gentleman from Texas [Mr. Doggett] may inquire
in order.''.
After some further time,
para.26.10 point of order
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, the items that the gentleman [Mr. Pallone] is ticking
off on his finger have no relationship to the information to be
collected in this data bank, or any other data bank.''.
Mr. PALLONE was recognized to speak to the point of order and said:
``Mr. Speaker, I am concerned that that in fact is not the case. The
fact of the matter is when you talk about the data bank, which I
understand for this specific purpose is linked to how many employees
receive private health insurance as opposed to Medicare and what the
impact of that is going to be, we have the same thing now with the
proposal by Senator Kassenbaum and Senator Kennedy and the gentlewoman
from New Jersey [Mrs. Roukema], where we are trying to get passed on the
House floor health care insurance reform that will eliminate preexisting
conditions and that will allow for portability. The Republican
leadership, from what I can see, will not allow it to come to the
floor.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The Chair will again rule that the gentleman from New Jersey's [Mr.
Pallone] remarks be confined to the bill at hand.''.
After some further time,
para.26.11 point of order
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, I rise to this point of order with the understanding
that apparently Members are no longer held to the rule of germaneness.
The correct dialogue is nowhere near the intersection of nexus with the
legislation, in this gentleman's opinion. I would ask a ruling of the
Chair.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The Chair would remind the Members that on November 14th, 1995, the
Chair sustained a similar point of order where a Member was unable to
maintain a constant connection or nexus between the subject of the bill
and his remarks on health care generally. The Chair would ask the
Members to proceed with that in mind.''.
After some further time,
para.26.12 point of order
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, this gentleman is constrained once again to request
that the Speaker, in this gentleman's opinion, understand that the
simple mention of a data bank does not make the discussion germane to
this bill in front of us, to the extent that it would allow the
gentleman from California [Mr. Stark], who quite rightly is pushing the
envelope as he is trying to do, to discuss the sales of Medigap policies
and potential unscrupulous salesmen who might sell these products.''.
Mr. STARK was recognized to speak to the point of order and said:
``Mr. Speaker, I certainly (like to respond to the point of order),
only to suggest to the Chair that in whichever way the Chair sees fit to
rule, the Chair certainly understands the issues and has been extremely
fair, and I would have no quarrel with him in any event.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The notion of data banks generally and the notion of data banks as
contained in the bill are not necessarily the same issue. Again, the
Chair would ask the gentleman from California [Mr. Stark] to confine his
remarks to the legislation at hand.''.
After some further time,
para.26.13 point of order
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, the Speaker knows well my point of order. It is the
subject matter and the content of the bill and the question propounded
by the gentleman from Texas [Mr. Doggett], which has no relevance or
germaneness, as we say in our rules, to the subject matter before us.''.
Mr. STARK was recognized to speak to the point of order and said:
``Mr. Speaker, innoculation is germane to this because many of these
employers kept records or were to keep records of who was paying for the
innoculations in the Repulbican Medicare plan, so many people will be
denied innoculations. It is, in fact, very important that we point out
that the innoculations they are talking about are not the same
innoculations that little children are not going to get when the
Medicaid cuts come down from the Republicans.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``In response to the point of order, the Chair cannot respond to the
rhetorical nature of the question stated by the gentleman from Texas
[Mr. Doggett] by necessarily ruling it irrelevant.''.
After some further time,
[[Page 436]]
para.26.14 point of order
Mr. THOMAS made a point of order, and said:
``Notwithstanding his elegant eloquence, I believe the gentleman from
California [Mr. Stark] has once again strayed from the germaneness under
the rules of the House.''.
Mr. STARK was recognized to speak to the point of order, and said:
``I am talking about data base requirements by an employer, an issue
raised by the previous speaker, and I believe it is quite germane as it
deals with the requirements that employers may be faced with in keeping
medical data banks as required by the Federal Government.''.
Mr. THOMAS was recognized to speak to the point of order, and said:
``I thought the Speaker had already ruled that a discussion of data
banks in general as a concept for collecting data is not necessarily
germane to a specific data bank which is the subject of this bill.''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The gentleman is correct. The Chair will state again that on
November 14, 1995, the Chair sustained a similar point of order where a
Member was unable to maintain a constant nexus between the subject of
the bill and the subject of health care generally. The Chair has at
least three times today, and does again, sustain that point of order.''.
After further debate,
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. CAMP, announced that three-fifths of the
Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.26.15 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. CAMP, laid before the House a
communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, March 8, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, March 8th
at 10:40 a.m. and said to contain a message from the
President whereby he notifies the Congress of the continuance
beyond March 15, 1996, of the national emergency with respect
to Iran.
With warm regards,
Robin H. Carle,
Clerk.
para.26.16 national emergency with respect to iran
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration the President publishes
in the Federal Register and transmits to the Congress a notice stating
that the emergency is to continue in effect beyond the anniversary date.
In accordance with this provision, I have sent the enclosed notice,
stating that the Iran emergency declared on March 15, 1995, pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) is
to continue in effect beyond March 15, 1996, to the Federal Register for
publication. This emergency is separate from that declared on November
14, 1979, in connection with the Iranian hostage crisis and therefore
requires separate renewal of emergency authorities.
The factors that led me to declare a national emergency with respect
to Iran on March 15, 1995, have not been resolved. The actions and
policies of the Government of Iran, including its support for
international terrorism, efforts to undermine the Middle East peace
process, and its acquisition of weapons of mass destruction and the
means to deliver them, continue to threaten the national security,
foreign policy, and economy of the United States. Accordingly, I have
determined that it is necessary to maintain in force the broad
authorities that are in place by virtue of the March 15, 1995,
declaration of emergency.
William J. Clinton.
The White House, March 8, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-184).
para.26.17 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. CAMP, laid before the House a
communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, March 11, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Monday, March 11th
at 1:30 p.m. and said to contain a message from the President
whereby he submits a 6-month periodic report on the national
emergency with respect to Iran.
With warm regards,
Robin H. Carle, Clerk.
para.26.18 national emergency with respect to iran
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby report to the Congress on developments concerning the
national emergency with respect to Iran that was declared in Executive
Order No. 12957 of March 15, 1995, and matters relating to the measures
in that order and in Executive Order No. 12959 of May 6, 1995. This
report is submitted pursuant to section 204(c) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(c) (IEEPA), and section
505(c) of the International Security and Development Cooperation Act of
1985, 22 U.S.C. 2349aa-9(c). This report discusses only matters
concerning the national emergency with respect to Iran that was declared
in Executive Order No. 12957 and matters relating to that Executive
order and Executive Order No. 12959.
1. On March 15, 1995, I issued Executive Order No. 12957 (60 Fed. Reg.
14615, March 17, 1995) to declare a national emergency with respect to
Iran pursuant to IEEPA, and to prohibit the financing, management, or
supervision by U.S. persons of the development of Iranian petroleum
resources. This action was in response to actions and policies of the
Government of Iran, including support for international terrorism,
efforts to undermine the Middle East peace process, and the acquisition
of weapons of mass destruction and the means to deliver them. A copy of
the order was provided to the Congress on March 15, 1995.
Following the imposition of these restrictions with regard to the
development of Iranian petroleum resources, Iran continued to engage in
activities that represent a threat to the peace and security of all
nations, including Iran's continuing support for international
terrorism, its support for acts that undermine the Middle East peace
process, and its intensified efforts to acquire weapons of mass
destruction. On May 6, 1995, I issued Executive Order No. 12959 to
further respond to the Iranian threat to the national security, foreign
policy, and economy of the United States.
Executive Order No. 12959 (60 Fed. Reg. 24757, May 9, 1995) (1)
prohibits exportation from the United States to Iran or to the
Government of Iran of goods, technology, or services; (2) prohibits the
reexportation of certain U.S. goods and technology to Iran from third
countries; (3) prohibits transactions such as brokering and other
dealing by United States persons in goods and services of Iranian origin
or owned or controlled by the Government of Iran; (4) prohibits new
investments by United States persons in Iran or in property owned or
controlled by the Government of Iran; (5) prohibits
[[Page 437]]
U.S. companies and other United States persons from approving,
facilitating, or financing performance by a foreign subsidiary or other
entity owned or controlled by a United States person of reexport,
investment, and certain trade transactions that a United States person
is prohibited from performing; (6) continues the 1987 prohibition on the
importation into the United States of goods and services of Iranian
origin; (7) prohibits any transaction by any United States person or
within the United States that evades or avoids or attempts to violate
any prohibition of the order; and (8) allowed U.S. companies a 30-day
period in which to perform trade transactions pursuant to contracts
predating the Executive order.
In Executive Order No. 12959, I directed the Secretary of the Treasury
to authorize through specific licensing certain transactions, including
transactions by United States persons related to the Iran-United States
Claims Tribunal in The Hague, established pursuant to the Algiers
Accords, and related to other international obligations and United
States Government functions, and transactions related to the export of
agricultural commodities pursuant to preexisting contracts consistent
with section 5712(c) of title 7, United States Code. I also directed the
Secretary of the Treasury, in consultation with the Secretary of State,
to consider authorizing United States persons through specific licensing
to participate in market-based swaps of crude oil from the Caspian Sea
area for Iranian crude oil in support of energy projects in Azerbaijan,
Kazakhstan, and Turkmenistan.
Executive Order No. 12959 revoked sections 1 and 2 of Executive Order
No. 12613 of October 29, 1987, and sections 1 and 2 of Executive Order
No. 12957 of March 15, 1995, to the extent they are inconsistent with
it. A copy of Executive Order No. 12959 was transmitted to the Speaker
of the House of Representatives and President of the Senate by letters
dated May 6, 1995.
2. There were no amendments to the Iranian Transactions Regulations,
31 CFR Part 560 (the ``ITR'') during the reporting period.
3. During the current 6-month period, the Department of the
Treasury's Office of Foreign Assets Control (FAC) made numerous
decisions with respect to applications for licenses to engage in
transactions under the ITR, issuing 54 licensing determinations--both
approvals and denials. The majority of denials were in response to
requests to extend contract performance beyond the time specified by
Executive Order No. 12959 and by FAC general license. Licenses were
issued authorizing the continued operation of Iranian diplomatic
accounts, powers of attorney, extensions of standby letters of credit,
payments for trade transactions pursuant to contracts prior to May 6,
1995, and exportation of certain agricultural products contracted for
prior to May 6, 1995. The FAC continues to review under section 560.528
requests for authorization to export and reexport goods, services, and
technology to ensure the safety of civil aviation and safe operation of
U.S.-origin commercial passenger aircraft in Iran. In light of
statutory restrictions applicable to goods and technology involved in
these cases, Treasury continues to consult and coordinate with the
Departments of State and Commerce on these matters, consistent with
section 4 of Executive Order No. 12959.
During the reporting period, FAC administered provisions on services
related to maintaining Iranian bank accounts and identified and
rejected Iran-related payments not authorized under the ITR. United
States banks were notified that they could not process transactions on
behalf of accounts held in the name of the Government of Iran or
persons in Iran, with the exception of certain transactions related to
interest accruals, customary service charges, the exportation of
information or informational material, travel-related remittances,
donations of articles to relieve human suffering, or lump sum closures
of accounts by payment to their owners. United States banks continue to
handle certain dollar payment transactions involving Iran between
third-country banks that do not involve a direct credit or debit to
Iranian accounts. Noncommercial family remittances involving Iran must
be routed to or from non-U.S., non-Iranian offshore banks.
The FAC continues to coordinate closely with the Federal Reserve
Board, the Federal Reserve Bank of New York, and the California banking
authorities concerning the treatment of three Iranian bank agencies--
Banks Sepah, Saderat, and Melli. Licenses have been issued to the
Iranian bank agencies authorizing them to pay overhead expenses under
the supervision of the California and New York banking departments
while meeting obligations incurred prior to May 6, 1995. Authorization
expired at the end of December, which had enabled them to make payments
to U.S. exporters under letters of credit advised prior to June 6,
1995, where the underlying exports were completed in accordance with
the Regulations or a specific license issued by FAC. The FAC also had
permitted the agencies to offer discounted advance payments on deferred
payment letters of credit under the same conditions.
4. The U.S. Customs Service has continued to effect numerous seizures
of Iranian-origin merchandise, primarily carpets, for violation of the
import prohibitions of the ITR. Various enforcement actions carried
over from previous reporting periods are continuing and new reports of
violations are being aggressively pursued.
5. The expenses incurred by the Federal Government in the 6-month
period from September 15, 1995, through March 14, 1996, that are
directly attributable to the exercise of powers and authorities
conferred by the declaration of a national emergency with respect to
Iran are approximately $965,000 most of which represents wage and
salary costs for Federal personnel. Personnel costs were largely
centered in the Department of the Treasury (particularly in the Office
of Foreign Assets Control, the U.S. Customs Service, the Office of the
Under Secretary for Enforcement, and the Office of the General
Counsel), the Department of State (particularly the Bureau of Economic
and Business Affairs, the Bureau of Near Eastern Affairs, the Bureau of
Politico-Military Affairs, and the Office of the Legal Adviser), and
the Department of Commerce (the Bureau of Export Administration and the
General Counsel's Office).
6. The situation reviewed above continues to involve important
diplomatic, financial, and legal interests of the United States and its
nationals and presents an extraordinary and unusual threat to the
national security, foreign policy, and economy of the United States.
The declaration of the national emergency with respect to Iran
contained in Executive Order No. 12957 and the comprehensive economic
sanctions imposed by Executive Order No. 12959 underscore the United
States Government's opposition to the actions and policies of the
Government of Iran, particularly its support of international terrorism
and its efforts to acquire weapons of mass destruction and the means to
deliver them. The Iranian Transactions Regulations issued pursuant to
Executive Orders No. 12957 and No. 12959 continue to advance important
objectives in promoting the nonproliferation and antiterrorism policies
of the United States. I shall exercise the powers at my disposal to
deal with these problems and will report periodically to the Congress
on significant developments.
William J. Clinton.
The White House, March 11, 1996.
By unanimous consent, the message was referred to the Committee on
International Relations and ordered to be printed (H. Doc. 104-185).
para.26.19 enrolled bill signed
The SPEAKER pro tempore, Mr. CAMP, announced that pursuant to clause
4, rule I, the Speaker signed the following enrolled bill on Monday,
March 11, 1996:
H.R. 927. An Act to seek international sanctions against
the Castro government in Cuba, and for other purposes.
para.26.20 subpoena
The SPEAKER pro tempore, M. CAMP, laid before the House the following
communication from Mr. Bryant:
Congress of the United States,
House of Representatives,
Washington, DC, March 7, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Woody Stickles, District Staff Assistant in my
Clarksville, Tennessee office, has been served
[[Page 438]]
with a subpoena issued by the Montgomery County, Tennessee
Circuit Court in the case of Irvin v. Tennessee Management
Co.
After consultation with the Office of the General Counsel,
I have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Ed Bryant.
para.26.21 subpoena
The SPEAKER pro tempore, Mr. CAMP, laid before the House the following
communication from Mr. Porter:
Congress of the United States,
House of Representatives,
Washington, DC, March 1, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court of Cook County, Illinois.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
John Edward Porter.
para.26.22 securities and exchange commission authorization
Mr. OXLEY moved to suspend the rules and pass the bill (H.R. 2972) to
authorize appropriations for the Securities and Exchange Commission, to
reduce the fees collected under the Federal securities laws, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. OXLEY and Mr.
MARKEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.26.23 federal aviation administraton revitalization
Mr. SHUSTER moved to suspend the rules and pass the bill (H.R. 2276)
to establish the Federal Aviation Administration as an independent
establishment in the executive branch, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SHUSTER and Mr.
OBERSTAR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.26.24 bi-state development of missouri and illinois
Mr. GEKAS moved to suspend the rules and pass the joint resolution
(H.J. Res. 78) to grant the consent of the Congress to certain
additional powers conferred upon the Bi-State Development Agency by the
States of Missouri and Illinois; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. GEKAS and Mr. REED,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution, as
amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GEKAS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.26.25 historic chattahoochee compact
Mr. GEKAS moved to suspend the rules and pass the bill (H.R. 2064) to
grant the consent of Congress to an amendment of the Historic
Chattahoochee Compact between the States of Alabama and Georgia.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. GEKAS and Mr. REED,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GEKAS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.26.26 sense of congress condemning terror attacks
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 149); as amended:
Whereas, on February 25, 1996, two vicious terror attacks
in Jerusalem and Ashkelon killed 2 American citizens and 25
Israelis, and wounded over 75 more;
Whereas, on February 26, 1996, an Israeli citizen was
killed and 22 Israelis were injured when a terrorist drove a
rental car into a Jerusalem bus stop;
Whereas, on March 3, 1996, a suicide bus bombing in
Jerusalem took the lives of 18 innocent Israelis and other
individuals and injured 10 more;
Whereas, on March 4, 1996, yet another heinous explosion by
a suicide bomber in Tel Aviv murdered at least 13 and wounded
130 more;
Whereas, the Gaza-based Hamas terror group claimed
responsibility for the most recent bombings, and the
Damascus-based Palestinian Islamic Jihad and Popular Front
for the Liberation of Palestine terror groups have claimed
responsibility for the majority of terror attacks since the
signing of the Declaration of Principles;
Whereas, these successive incidents represent an
unprecedented escalation by Hamas and Palestinian Islamic
Jihad of their terrorist campaign designed to cause maximum
carnage against the peaceful civilian population of Israel,
including children, women and the elderly;
Whereas, these terrorist attacks are aimed not only at
innocent Israeli civilians but also at destroying the Middle
East peace process;
Whereas, since the signing of the Declaration of Principle
between Israel and the PLO on September 13, 1993 nearly 200
people, including 5 American citizens, have been killed in
terrorist acts;
Whereas, the Palestine Liberation Organization, the
Palestinian Authority and Yasser Araft have been ineffective
and unsuccessful in completely rooting out the vicious
terrorist elements from Palestinian controlled areas, calling
into question their committment to the peace process;
Whereas, the vast majority of Palestinian terror suspects
have not been apprehended, or if apprehended, not tried or
punished, and not terror suspects requested for transfer have
been transferred to Israeli authorities by Palestinian
authorities in direct contravention of agreements signed
between the PLO and Israel;
Whereas, the Palestinian Authority must must now do much
more systematically to end the threat posed by terrorist
groups and take other steps consistent with the Israel-
Palestinian Interim Agreement, including the apprehension,
trial, and punishment of those who conduct terrorist acts and
the implementation of procedures agreed upon with Israel to
transfer suspected terrorists;
Whereas, the hateful language calling for Israel's
destruction, that remains an integral part of the Palestinian
National Covenant only serves to incite those opposed to the
peace process;
Whereas, the Palestinian National Covenant has not yet been
amended, despite commitments by the PLO to do so;
Whereas, these failures undermine and threaten the peace
process as well as continued U.S. financial assistance;
Whereas, the government of Iran continues to provide safe
haven, financial support and arms to terror groups such as
Hamas, Islamic Jihad, or Hizbollah among others, and has in
no way acted to restrain these groups from committing acts of
terrorism;
Whereas, notwithstanding Syria's participation in a serious
negotiating process to reach a peace agreement with Israel,
Syria continues to provide a safe haven for terrorist groups
opposed to the peace process, permits the arming of Hizbollah
in Lebanon, and has not acted to a prevent these groups from
committing acts of terrorism; and
[[Page 439]]
Whereas, failure to act against terrorists by the
Palestinian Authority, Iran, Syria, and others only
undermines the credibility of the peace process: Now,
therefore, be it
Resolved, by the House of Representatives (the Senate
concurring), That the Congress--
(1) condemns and reviles in the strongest terms the attacks
in Jerusalem, Ashkelon and Tel Aviv;
(2) extends condolences to the families of all those
killed, and to the Government and all the people of the State
of Israel;
(3) expresses its support and solidarity with the people
and Government of the State of Israel;
(4) reaffirms its full support for Israel in its efforts to
combat terrorism as it attempts to pursue peace with its
neighbors in the region;
(5) calls upon the Palestinian Authority, the elected
Palestinian Council and Chairman Arafat to act swiftly and
decisively to apprehend and effectively punish the
perpetrators of terror attacks, to prevent such acts of
terror in the future, to confiscate all unauthorized weapons
and to avoid and condemn all statements and gestures which
signal tolerance for such acts and their prepetrators;
(6) calls upon Chairman Arafat, the Palestinian Authority
and the elected representatives of the Palestinian Council to
eliminate the terrorist structure and terrorist activities of
Hamas, Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, and all other terror groups;
(7) calls upon Chairman Arafat, the Palestinian Authority
and the elected representatives of the Palestinian Council to
adopt legislative and executive measures to ban the existence
and operations of all terrorist organizations resident in the
Palestinian autonomous areas;
(8) insists that Chairman Arafat convene the Palestinian
National Council, so that the Palestinian National Covenant
will be amended of its vile references to Israel within sixty
days of the Palestinian Council's inauguration on March 7,
1996:
(9) reaffirms its belief that the Palestinian National
Covenant must be amended in order for the peace process to
succeed;
(10) calls upon the Palestinian people to support the
deletion of anti-Israel language from the Palestinian
National Covenant;
(11) calls upon the Palestinian people to express their
revulsion for terrorism against Israel, and condemn and
isolate those elements of Palestinian society that employ and
support such terrorist acts;
(12) urges all parties to the peace process, in order to
retain the credibility of their commitment to peace, to bring
to justice the perpetrators of acts of terrorism, and to
cease harboring, financing, and arming terror groups in all
territories under their control; and
(13) calls upon those Arab states that have failed to
condemn these acts of terrorism to do so immediately and
forthrightly, and to support all efforts in the region to
combat terrorism;
(14) calls upon the international community to cooperate
with the United States in isolating states which engage in
international terrorism;
(15) insists that Iran and Syria cease all support for all
terrorist groups operating in areas under their control and
refrain from all activities in opposition to the Middle East
peace process;
(16) expresses its intent to reconsider United States
assistance to the Palestinian Authority, in consultation with
the Administration, in light of the steps that must be taken
by the Palestinian Authority against terrorist
infrastructures and operations;
(17) urges the United States to act decisively and swiftly
against those governments who continue to harbor, arm or
finance terror groups seeking to undermine the peace process;
and
(18) praises United States efforts to provide Israel with
all appropriate anti-terrorism resources to eliminate the
tide of terrorist incidents against Israel.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. GILMAN and Mr.
LANTOS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GILMAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.26.27 waiving points of order against the conference report on
h.r. 1561
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 375):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 1561) to consolidate the foreign affairs agencies
of the United States; to authorize appropriations for the
Department of State and related agencies for fiscal years
1996 and 1997; to responsibly reduce the authorizations of
appropriations for United States foreign assistance programs
for fiscal years 1996 and 1997, and for other purposes. All
points of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. CAMP, announced that the yeas had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
226
When there appeared
<3-line {>
Nays
180
para.26.28 [Roll No. 56]
YEAS--226
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--180
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
[[Page 440]]
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--25
Barton
Bryant (TX)
Chapman
Chenoweth
Christensen
Collins (IL)
de la Garza
DeLay
Durbin
Fields (TX)
Flake
Ford
Gallegly
Green
Johnson, Sam
Laughlin
Ortiz
Roukema
Rush
Stockman
Stokes
Taylor (NC)
Tejeda
Waxman
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.26.29 h.j. res. 78--unfinished business
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the joint resolution (H.J. Res. 78) to grant the consent of the
Congress to certain additional powers conferred upon the Bi-State
Development Agency by the States of Missouri and Illinois; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution, as
amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of those
present had voted in the affirmative.
Mr. GOSS demanded a recorded vote on passage of said joint resolution,
as amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
405
<3-line {>
affirmative
Nays
0
para.26.30 [Roll No. 57]
AYES--405
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--26
Barton
Bryant (TX)
Chapman
Chenoweth
Christensen
Collins (IL)
de la Garza
DeLay
Durbin
Fields (TX)
Flake
Ford
Gallegly
Green
Johnson, Sam
Laughlin
Ortiz
Roukema
Royce
Rush
Stockman
Stokes
Taylor (NC)
Tejeda
Waxman
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution, as amended, was
passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution, as amended, was passed was, by unanimous consent,
laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.26.31 h.r. 2064--unfinished business
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2064) to grant the consent of Congress
to an amendment of the Historic Chattahoochee Compact between the States
of Alabama and Georgia.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of those
present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.26.32 h. con res. 149--unfinished business
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con Res. 149)
condemning terror attacks in Israel; as amended.
The question being put,
[[Page 441]]
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
406
<3-line {>
affirmative
Nays
0
para.26.33 [Roll No. 58]
YEAS--406
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--25
Barton
Bryant (TX)
Chapman
Chenoweth
Christensen
Collins (IL)
de la Garza
DeLay
Durbin
Fields (TX)
Flake
Ford
Gallegly
Green
Johnson, Sam
Laughlin
Lewis (KY)
Ortiz
Rush
Stockman
Stokes
Taylor (NC)
Tejeda
Waxman
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.26.34 american overseas investments
Mr. GILMAN, pursuant to House Resolution 375, called up the following
conference report (Rept. No. 104-478):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
1561), to consolidate the foreign affairs agencies of the
United States; to authorize appropriations for the Department
of State and related agencies for fiscal years 1996 and 1997;
to responsibly reduce the authorizations of appropriations
for United States foreign assistance programs for fiscal
years 1996 and 1997, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foreign
Relations Authorization Act, Fiscal Years 1996 and 1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Congressional findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 201. Effective date.
Chapter 2--Abolition of United States Arms Control and Disarmament
Agency and Transfer of Functions
Sec. 211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 212. Transfer of functions to Secretary of State.
Sec. 213. Coordinator for Arms Control and Disarmament.
Chapter 3--Conforming Amendments
Sec. 221. References.
Sec. 222. Repeal of establishment of ACDA.
Sec. 223. Repeal of positions and offices.
Sec. 224. Authorities of Secretary of State.
Sec. 225. Conforming amendments.
TITLE III--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 301. Effective date.
Chapter 2--Abolition of United States Information Agency and Transfer
of Functions
Sec. 311. Abolition of United States Information Agency.
Sec. 312. Transfer of functions.
Sec. 313. Under Secretary of State for Public Diplomacy.
Chapter 3--Conforming Amendments
Sec. 321. References in law.
Sec. 322. Amendments to title 5, United States Code.
Sec. 323. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 324. Amendments to Mutual Educational and Cultural Exchange Act of
1961 (Fulbright-Hays Act).
Sec. 325. International broadcasting activities.
Sec. 326. Television broadcasting to Cuba.
Sec. 327. Radio broadcasting to Cuba.
Sec. 328. National Endowment for Democracy.
Sec. 329. United States scholarship program for developing countries.
Sec. 330. Fascell Fellowship Board.
Sec. 331. National Security Education Board.
Sec. 332. Center for Cultural and Technical Interchange Between North
and South.
Sec. 333. Center for Cultural and Technical Interchange Between East
and West.
Sec. 334. Mission of Department of State.
Sec. 335. Consolidation of administrative services.
Sec. 336. Grants.
[[Page 442]]
Sec. 337. Ban on domestic activities.
Sec. 338. Conforming repeal to Arms Control and Disarmament Act.
Sec. 339. Repeal relating to procurement of legal services.
Sec. 340. Repeal relating to payment of subsistence expenses.
Sec. 341. Conforming amendment to SEED Act.
Sec. 342. International Cultural and Trade Center Commission.
Sec. 343. Other laws referenced in Reorganization Plan No. 2 of 1977.
Sec. 344. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 345. Edmund S. Muskie Fellowship Program.
Sec. 346. Implementation of Convention on Cultural Property.
Sec. 347. Mike Mansfield Fellowships.
Sec. 348. United States Advisory Committee for Public Diplomacy.
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 401. Effective date.
Chapter 2--Abolition of Agency for International Development and
Transfer of Functions
Sec. 411. Abolition of Agency for International Development and United
States International Development Cooperation Agency.
Sec. 412. Transfer of functions.
Sec. 413. Under Secretary of State for Development and for Economic and
Commercial Affairs.
Sec. 414. Abolition of Office of Inspector General of Agency for
International Development and transfer of functions.
Sec. 415. Abolition of Office of Chief Financial Officer of Agency for
International Development and transfer of functions.
Chapter 3--Conforming Amendments
Sec. 421. References.
Sec. 422. Exercise of functions by Secretary of State.
Sec. 423. Repeal of positions; employment and contracting authorities.
Sec. 424. Development Loan Committee.
Sec. 425. Development Coordination Committee.
Sec. 426. Public Law 83-480 program.
Sec. 427. Conforming amendments to title 5, United States Code.
Sec. 428. Trade Promotion Coordinating Committee.
Sec. 429. Additional conforming amendments.
TITLE V--OFFICES OF INSPECTORS GENERAL
Sec. 501. Repeal relating to Inspector General for United States Arms
Control and Disarmament Agency.
Sec. 502. Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.
TITLE VI--TRANSITION
Chapter 1--Reorganization Plan and Waiver
Sec. 601. Reorganization plan.
Sec. 602. Waiver.
Chapter 2--Reorganization Authority
Sec. 611. Reorganization authority.
Sec. 612. Transfer and allocation of appropriations and personnel.
Sec. 613. Incidental transfers.
Sec. 614. Effect on personnel.
Sec. 615. Transition fund.
Sec. 616. Savings provisions.
Sec. 617. Property and facilities.
Sec. 618. Authority of Secretary of State to facilitate transition.
Sec. 619. Recommendations for additional conforming amendments.
Sec. 620. Final report.
Sec. 621. Transfer of function.
Sec. 622. Severability.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
Sec. 1101. Administration of foreign affairs.
Sec. 1102. International organizations, programs, and conferences.
Sec. 1103. International commissions.
Sec. 1104. Migration and refugee assistance.
Sec. 1105. Asia Foundation.
Sec. 1106. United States informational, educational, and cultural
programs.
Sec. 1107. United States arms control and disarmament.
Sec. 1108. Administration of foreign assistance.
Sec. 1109. Narcotics control assistance.
Sec. 1110. Peace Corps.
Sec. 1111. Housing guarantee program.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 1201. Revision of Department of State rewards program.
Sec. 1202. Buying power maintenance account.
Sec. 1203. Expenses relating to certain international claims and
proceedings.
Sec. 1204. Denial of passports to noncustodial parents subject to State
arrest warrants in cases of nonpayment of child support.
Sec. 1205. Training.
Sec. 1206. Capital Investment Fund.
Sec. 1207. Lease-purchase of overseas property.
Sec. 1208. Fees for commercial services.
Sec. 1209. Reduction of reporting requirements.
Sec. 1210. Fee for use of diplomatic reception rooms.
Sec. 1211. International Center reserve funds.
Sec. 1212. Joint funds under agreements for cooperation in
environmental, scientific, cultural, and related areas.
Sec. 1213. Efficiency in procurement.
Sec. 1214. Concerning the use of funds to further normalize relations
with Vietnam.
Sec. 1215. Diplomatic Telecommunications Service.
Chapter 2--Consular Authorities of the Department of State
Sec. 1231. Fees for machine readable visas.
Sec. 1232. Fingerprint check requirement.
Sec. 1233. Use of certain passport processing fees for enhanced
passport services.
Sec. 1234. Consular officers.
Sec. 1235. Fee for diversity immigrant lottery.
Sec. 1236. Fee for execution of passport applications.
Sec. 1237. Exclusion from the United States for membership in a
terrorist organization.
Sec. 1238. Terrorist Lookout Committees.
Sec. 1239. Incitement as a basis for exclusion from the United States.
Chapter 3--Refugees and Migration
Sec. 1251. Report to Congress concerning Cuban emigration policies.
Sec. 1252. Extension of certain adjudication provisions.
Sec. 1253. United States policy regarding the involuntary return of
refugees.
Sec. 1254. Report on Iraqi refugees.
Sec. 1255. Persecution for resistance to coercive population control
methods.
Sec. 1256. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 1301. Coordinator for Counterterrorism.
Sec. 1302. Authority of United States Permanent Representative to the
United Nations.
Sec. 1303. Special Envoy for Tibet.
Sec. 1304. Responsibilities of bureau charged with migration and
refugee assistance.
Sec. 1305. Elimination of statutory establishment of certain positions
of the Department of State.
Sec. 1306. Management of the human resources of the Department of
State.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec. 1351. Authorized strength of the Foreign Service.
Sec. 1352. Restriction on lobbying activities of former United States
chiefs of mission.
Sec. 1353. Limitations on management assignments.
Sec. 1354. Nonovertime differential pay.
Sec. 1355. Recovery of costs of health care services.
Sec. 1356. Report on promotion and retention of personnel.
Sec. 1357. Foreign Service reform.
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
Sec. 1401. Availability of Voice of America and Radio Marti
multilingual computer readable text and voice recordings.
Sec. 1402. Center for Cultural and Technical Interchange Between North
and South.
Sec. 1403. Expansion of Muskie Fellowship Program.
Sec. 1404. Mansfield Fellowship Program requirements.
Sec. 1405. Pilot program on advertising on USIA television and radio
broadcasts.
Sec. 1406. Changes in administrative authorities.
Sec. 1407. Retention of interest.
Sec. 1408. Conduct of certain educational and cultural exchange
programs.
Sec. 1409. Extension of Au Pair programs.
Sec. 1410. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 1411. Initiation of broadcasts by Radio Free Asia.
Sec. 1412. Distribution within the United States of the United States
Information Agency film entitled ``The Fragile Ring of
Life''.
[[Page 443]]
TITLE XV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Chapter 1--General Provisions
Sec. 1501. Termination of United States participation in certain
international organizations.
Sec. 1502. International Boundary and Water Commission.
Sec. 1503. Prohibition on assistance to international organizations
espousing world government.
Sec. 1504. International Covenant on Civil and Political Rights.
Sec. 1505. United States participation in single commodity
international organizations.
Chapter 2--United Nations and Affiliated Agencies and Organizations
Sec. 1521. Reform in budget decisionmaking procedures of the United
Nations and its specialized agencies.
Sec. 1522. Report on UNICEF.
Sec. 1523. United Nations budgetary and management reform.
Sec. 1524. Limitation on assessment percentage for peacekeeping
activities.
Sec. 1525. Annual report on United States contributions to United
Nations peacekeeping activities.
Sec. 1526. Prior congressional notification of Security Council votes
on United Nations peacekeeping activities.
Sec. 1527. Codification of required notice to Congress of proposed
United Nations peacekeeping activities.
Sec. 1528. Restrictions on intelligence sharing with the United
Nations.
TITLE XVI--FOREIGN POLICY PROVISIONS
Sec. 1601. Applicability of Taiwan Relations Act.
Sec. 1602. Report on occupied Tibet.
Sec. 1603. Taipei Representative Office.
Sec. 1604. Efforts against emerging infectious diseases.
Sec. 1605. Statutory construction.
Sec. 1606. Reports regarding Hong Kong.
Sec. 1607. The United States-North Korea Agreed Framework of October
21, 1994, and the Korean Peninsula Energy Development
Organization (KEDO).
Sec. 1608. International criminal court participation.
Sec. 1609. Prohibition on the transfer of arms to Indonesia.
Sec. 1610. Bosnia and Herzegovina Self-Defense Fund.
Sec. 1611. Reports to Congress on aspects of implementation of the
General Framework Agreement.
Sec. 1612. Verification of Missile Technology Control Regime.
Sec. 1613. Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994.
Sec. 1614. Payment of Iraqi claims.
Sec. 1615. International Fund for Ireland.
Sec. 1616. Deobligation of certain unexpended economic assistance
funds.
Sec. 1617. Limitation on assistance to countries that restrict the
transport or delivery of United States humanitarian
assistance.
TITLE XVII--CONGRESSIONAL STATEMENTS
Sec. 1701. The Laogai system of political prisons.
Sec. 1702. Declaration of Congress regarding United States Government
human rights policy toward China.
Sec. 1703. United States relations with the Former Yugoslav Republic of
Macedonia (FYROM).
Sec. 1704. Displaced persons.
Sec. 1705. Sense of Congress on border crossing fees.
Sec. 1706. Inter-American organizations.
Sec. 1707. Escalating costs for international peacekeeping activities.
Sec. 1708. Visit of the President of the Republic of China on Taiwan.
Sec. 1709. Republic of China on Taiwan's participation in GATT and WTO.
Sec. 1710. Industrial park for Gaza or the West Bank.
DIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Foreign Affairs
Agencies Consolidation Act of 1996''.
SEC. 102. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) With the end of the Cold War, the international
challenges facing the United States have changed, but the
fundamental national interests of the United States have not.
The security, economic, and humanitarian interests of the
United States require continued United States engagement in
international affairs. The leading role of the United States
in world affairs will be as important in the twenty-first
century as it has been in the twentieth.
(2) The United States budget deficit requires that the
foreign as well as the domestic programs and activities of
the United States be carefully reviewed for potential
savings. Wherever possible, foreign programs and activities
must be streamlined, managed more efficiently, and adapted to
the requirements of the post-Cold War era.
(3) In order to downsize the foreign programs and
activities of the United States without jeopardizing United
States interests, strong and effective leadership will be
required. As the official principally responsible for the
conduct of foreign policy, the Secretary of State must have
the authority to allocate efficiently the resources within
the international affairs budget. As a first step in the
downsizing process, the proliferation of foreign affairs
agencies that occurred during the Cold War must be reversed,
and the functions of these agencies must be restored to the
Secretary of State.
(4) A streamlined and reorganized foreign affairs structure
under the strengthened leadership of the Secretary of State
can more effectively promote the international interests of
the United States in the next century than the existing
structure.
SEC. 103. PURPOSES.
The purposes of this division are--
(1) to consolidate and reinvent the foreign affairs
agencies of the United States within the Department of State;
(2) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(3) to provide for the reorganization of the Department of
State to maximize the efficient use of resources, eliminate
redundancy in functions, effect budget savings, and improve
the management of the Department of State;
(4) to ensure that the United States maintains adequate
representation abroad within budgetary restraints;
(5) to ensure that programs critical to the promotion of
United States national interests be maintained;
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most
competent United States citizens serving in the United States
Government while downsizing significantly the total number of
people employed by such agencies;
(7) to strengthen--
(A) the coordination of United States foreign policy; and
(B) the leading role of the Secretary of State in the
formulation and articulation of United States foreign policy;
and
(8) to abolish, not later than March 1, 1997, the United
States Arms Control and Disarmament Agency, the United States
Information Agency, the United States International
Development Cooperation Agency, and the Agency for
International Development.
SEC. 104. DEFINITIONS.
The following terms have the following meanings for the
purposes of this division:
(1) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(2) The term ``AID'' means the Agency for International
Development.
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE II--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 201. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title, and the amendments made by this title, shall take
effect on the earlier of--
(1) March 1, 1997; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 601.
(b) Exception.--This title shall not take effect if the
President waives the applicability of this title pursuant to
section 602.
CHAPTER 2--ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT
AGENCY AND TRANSFER OF FUNCTIONS
SEC. 211. ABOLITION OF UNITED STATES ARMS CONTROL AND
DISARMAMENT AGENCY.
The United States Arms Control and Disarmament Agency is
abolished.
SEC. 212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all
functions of the Director of the United States Arms Control
and Disarmament Agency and all functions of the United States
Arms Control and Disarmament Agency and any office or
component of such agency under any statute, reorganization
plan, Executive order, or other provision of law as of the
day before the effective date of this title, except as
otherwise provided in this division.
SEC. 213. COORDINATOR FOR ARMS CONTROL AND DISARMAMENT.
(a) Establishment of Coordinator for Arms Control and
Disarmament.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
[[Page 444]]
``(e) Coordinator for Arms Control and Disarmament.--(1)
There shall be within the office of the Secretary of State a
Coordinator for Arms Control and Disarmament (hereafter in
this subsection referred to as the `Coordinator)' who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Coordinator shall report directly
to the Secretary of State.
``(2)(A) The Coordinator shall perform such duties and
exercise such power as the Secretary of State shall
prescribe.
``(B) The Coordinator shall be responsible for arms control
and disarmament matters. The Coordinator shall head the
Bureau of Arms Control and Disarmament.
``(3) The Coordinator shall have the rank and status of
Ambassador-at-Large. The Coordinator shall be compensated at
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5314 of
title 5, United States Code, or, if the Coordinator is
appointed from the Foreign Service, the annual rate of pay
which the individual last received under the Foreign Service
Schedule, whichever is greater.''.
(b) Participation in Meetings of National Security
Council.--Section 101 of the National Security Act of 1947
(50 U.S.C. 402) is amended by adding at the end the following
new subsection:
``(i) The Coordinator for Arms Control and Disarmament may,
in the role of advisor to the National Security Council on
arms control and disarmament matters, and subject to the
direction of the President, attend and participate in
meetings of the National Security Council.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 221. REFERENCES.
Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director of the United States Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency, shall be
deemed to refer to the Secretary of State; and
(2) the United States Arms Control and Disarmament Agency
shall be deemed to refer to the Department of State.
SEC. 222. REPEAL OF ESTABLISHMENT OF ACDA.
Section 21 of the Arms Control and Disarmament Act (22
U.S.C. 2561; relating to the establishment of ACDA) is
repealed.
SEC. 223. REPEAL OF POSITIONS AND OFFICES.
The following sections of the Arms Control and Disarmament
Act are repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the Director).
(2) Section 23 (22 U.S.C. 2563; relating to the Deputy
Director).
(3) Section 24 (22 U.S.C. 2564; relating to Assistant
Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bureaus,
offices, and divisions).
SEC. 224. AUTHORITIES OF SECRETARY OF STATE.
(a) In General.--(1) Except as provided in paragraph (2),
the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.)
is amended by striking ``Agency'' and ``Director'' each place
it appears and inserting ``Department'' and ``Secretary'',
respectively.
(2) No amendment shall be made under paragraph (1) to
references to the On-Site Inspection Agency or to the
Director of Central Intelligence.
(b) Purpose.--Section 2 of such Act (22 U.S.C. 2551) is
amended--
(1) by striking the second, fourth, fifth, and sixth
sentences; and
(2) in the seventh sentence--
(A) by striking ``It'' and all that follows through
``State,'' and inserting ``The Department of State shall have
the authority''; and
(B) by striking ``primary''.
(c) Definitions.--Section 3 of such Act (22 U.S.C. 2552) is
amended by striking paragraph (c) and inserting the
following:
``(c) The term `Department' means the Department of State.
``(d) The term `Secretary' means the Secretary of State.''.
(d) Scientific and Policy Advisory Committee.--Section
26(b) of such Act (22 U.S.C. 2566(b)) is amended by striking
``, the Secretary of State, and the Director'' and inserting
``and the Secretary of State''.
(e) Presidential Special Representatives.--Section 27 of
such Act (22 U.S.C. 2567) is amended by striking ``, acting
through the Director''.
(f) Program for Visiting Scholars.--Section 28 of such Act
(22 U.S.C. 2568) is amended--
(1) in the second sentence, by striking ``Agency's
activities'' and inserting ``Department's arms control,
nonproliferation, and disarmament activities''; and
(2) in the fourth sentence, by striking ``, and all former
Directors of the Agency''.
(g) Policy Formulation.--Section 33(a) of such Act (22
U.S.C. 2573(a)) is amended by striking ``shall prepare for
the President, the Secretary of State,'' and inserting
``shall prepare for the President''.
(h) Negotiation Management.--Section 34 of such Act (22
U.S.C. 2574) is amended--
(1) in subsection (a), by striking ``the President and the
Secretary of State'' and inserting ``the President''; and
(2) by striking subsection (b).
(i) Verification of Compliance.--Section 37(d) of such Act
(22 U.S.C. 2577(d)) is amended by striking ``Director's
designee'' and inserting ``Secretary's designee''.
(j) General Authority.--Section 41 of such Act (22 U.S.C.
2581) is repealed.
(k) Security Requirements.--Section 45 of such Act (22
U.S.C. 2585) is amended--
(1) by striking subsections (a), (b), and (d); and
(2) by striking ``(c)'' before ``The Atomic Energy
Commission''.
(l) Use of Funds.--Section 48 of such Act (22 U.S.C. 2588)
is repealed.
(m) Annual Report.--Section 51(a) of such Act (22 U.S.C.
2593a(a)) is amended by striking ``the Secretary of State,''.
(n) Requirement for Authorization of Appropriations.--
Section 53 of such Act (22 U.S.C. 2593c) is repealed.
(o) On-Site Inspection Agency.--Section 61 of such Act (22
U.S.C. 2595) is amended--
(1) in paragraph (1), by striking ``United States Arms
Control and Disarmament Agency is'' and inserting
``Department of State and the Department of Defense are
respectively''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.
SEC. 225. CONFORMING AMENDMENTS.
(a) Arms Export Control Act.--The Arms Export Control Act
is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament
Agency in consultation with the Secretary of State and'' and
inserting ``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency, taking
into account the Director's'' and inserting ``Secretary of
State, taking into account the Secretary's''; and
(B) in the second sentence, by striking ``The Director of
the Arms Control and Disarmament Agency is authorized,
whenever the Director'' and inserting ``The Secretary of
State is authorized, whenever the Secretary'';
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``Secretary of State''; and
(ii) in the second sentence, by striking ``Director of the
Arms Control and Disarmament Agency is authorized, whenever
the Director'' and inserting ``Secretary of State is
authorized, whenever the Secretary'';
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``,
the Director of the Arms Control and Disarmament Agency,''
and inserting ``Secretary of State'';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
``Director of the United States Arms Control and Disarmament
Agency'' and inserting ``Secretary of State'';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking ``Director of the United States Arms
Control and Disarmament Agency'' and inserting ``Secretary of
State''; and
(B) by striking ``or the Director'';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking
``Director of the United States Arms Control and Disarmament
Agency,'' and inserting ``Secretary of State''; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``,
the Secretary of Commerce, and the Director of the United
States Arms Control and Disarmament Agency'' and inserting
``and the Secretary of Commerce''.
(b) United States Institute of Peace Act.--Section 1706(b)
of the United States Institute of Peace Act (22 U.S.C.
4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) Atomic Energy Act of 1954.--The Atomic Energy Act of
1954 is amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms Control
and Disarmament Agency,''; and
(B) in the second sentence, by striking ``the Director of
the Arms Control and Disarmament Agency,''; and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph (9)--
(i) by striking ``and in consultation with the Director of
the Arms Control and Disarmament Agency (`the Director')'';
and
(ii) by striking ``and the Director'' and inserting ``and
the Secretary of Defense'';
(B) in subsection d., in the first proviso, by striking
``Director of the Arms Control and Disarmament Agency'' and
inserting ``Secretary of Defense''; and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and Disarmament
Agency,''.
(d) Nuclear Non-Proliferation Act of 1978.--The Nuclear
Non-Proliferation Act of 1978 is amended--
(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State,
and the Director of the Arms Control and Disarmament Agency''
and inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code.--Title 5, United States
Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'';
[[Page 445]]
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'';
(3) in section 5315--
(A) by striking ``Assistant Directors, United States Arms
Control and Disarmament Agency (4).''; and
(B) by striking ``Special Representatives of the President
for arms control, nonproliferation, and disarmament matters,
United States Arms Control and Disarmament Agency'', and
inserting ``Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State''; and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
TITLE III--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 301. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title, and the amendments made by this title, shall take
effect on the earlier of--
(1) March 1, 1997; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in
section 601.
(b) Exception.--This title shall not take effect if the
President waives the applicability of this title pursuant to
section 602.
CHAPTER 2--ABOLITION OF UNITED STATES INFORMATION AGENCY AND TRANSFER
OF FUNCTIONS
SEC. 311. ABOLITION OF UNITED STATES INFORMATION AGENCY.
The United States Information Agency is abolished.
SEC. 312. TRANSFER OF FUNCTIONS.
(a) Transfer to Secretary of State.--There are transferred
to the Secretary of State all functions of the Director of
the United States Information Agency and all functions of the
United States Information Agency and any office or component
of such agency under any statute, reorganization plan,
Executive order, or other provision of law as of the day
before the effective date of this title, except as otherwise
provided in this division.
(b) Transfer to Broadcasting Board of Governors.--There are
transferred to the Broadcasting Board of Governors of the
Department of State under title III of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), as amended by this Act, all functions of the
Broadcasting Board of Governors of the United States
Information Agency as of the day before the effective date of
this title.
SEC. 313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.
Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(b) is amended--
(1) by striking ``There'' and inserting the following:
``(1) In general.--There''; and
(2) by adding at the end the following:
``(2) Under secretary for public diplomacy.--There shall be
in the Department of State, among the Under Secretaries
authorized by paragraph (1), an Under Secretary for Public
Diplomacy who shall have responsibility to assist the
Secretary and the Deputy Secretary in the formation and
implementation of United States public diplomacy policies and
activities, including international educational and cultural
exchange programs, information, and international
broadcasting.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 321. REFERENCES IN LAW.
Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall
be deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer
to the Department of State.
SEC. 322. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315, by striking ``Deputy Director of the
United States Information Agency.''; and
(3) in section 5316, by striking ``Deputy Director, Policy
and Plans, United States Information Agency.'' and striking
``Associate Director (Policy and Plans), United States
Information Agency.''.
SEC. 323. AMENDMENTS TO UNITED STATES INFORMATION AND
EDUCATIONAL EXCHANGE ACT OF 1948.
(a) References in Section.--Except as specifically provided
in this section, whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision,
the reference shall be deemed to be made to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1431 et seq.).
(b) In General.--Except as otherwise provided in this
section, the Act (other than section 604 and subsections (a)
and (c) of section 701) is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(3) by striking ``Director'' each place it appears and
inserting ``Secretary of State'';
(4) by striking ``USIA'' each place it appears and
inserting ``Department of State''; and
(5) by striking ``Agency'' each place it appears and
inserting ``Department of State''.
(c) Satellite and Television Broadcasts.--Section 505 (22
U.S.C. 1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the three places it appears and inserting
``Secretary of State'';
(2) in subsection (b), by striking ``To be effective, the
United States Information Agency'' and inserting ``To be
effective in carrying out this subsection, the Department of
State'';
(3) by striking ``USIA-TV'' each place it appears and
inserting ``DEPARTMENT OF STATE-TV''; and
(4) by striking subsection (e).
(d) Nondiscretionary Personnel Costs and Currency
Fluctuations.--Section 704 (22 U.S.C. 1477b) is amended--
(1) in subsection (b), by inserting after ``authorized by
law'' the following: ``in connection with carrying out the
informational and educational exchange functions of the
Department''; and
(2) in subsection (c), by striking ``United States
Information Agency'' each place it appears and inserting
``Department of State in carrying out the informational and
educational exchange functions of the Department''.
(e) Reprogramming Notifications.--Section 705 (22 U.S.C.
1477c) is amended by striking ``United States Information
Agency'' each place it appears and inserting ``Department of
State in carrying out its informational and educational
exchange functions''.
(f) Authorities of the Secretary.--Section 801(3) (22
U.S.C. 1471(3)) is amended by striking all ``if the
sufficiency'' and all that follows and inserting ``if the
Secretary determines that title to such real property or
interests is sufficient;''.
(g) Repeal of the USIA Seal.--Section 807 (22 U.S.C. 1475b)
is repealed.
(h) Acting Associate Directors.--Section 808 (22 U.S.C.
1475c) is repealed.
(i) Debt Collection.--Section 811 (22 U.S.C. 1475f) is
amended by inserting ``informational and educational
exchange'' before ``activities'' each place it appears.
(j) Overseas Posts.--Section 812 (22 U.S.C. 1475g) is
amended by striking ``United States Information Agency post''
each place it appears and inserting ``informational and
educational exchange post of the Department of State''.
(k) Definition.--Section 4 (22 U.S.C. 1433) is amended by
adding at the end the following:
``(4) `informational and educational exchange functions',
with respect to the Department of State, refers to functions
exercised by the United States Information Agency before the
effective date of title III of the Foreign Affairs Agencies
Consolidation Act of 1996.''.
SEC. 324. AMENDMENTS TO MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACT OF 1961 (FULBRIGHT-HAYS ACT).
(a) References in Section.--Except as specifically provided
in this section, whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision,
the reference shall be deemed to be made to the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451
et seq.).
(b) In General.--The Act (22 U.S.C. 2451 et seq.) is
amended by striking ``Director of the International
Communication Agency'' each place it appears and inserting
``Secretary of State''.
(c) Program Authorities.--(1) Section 102(a) (22 U.S.C.
2452(a)) is amended by striking ``President'' each place it
appears and inserting ``Secretary of State''.
(2) Section 102(b) (22 U.S.C. 2452(b)) is amended by
striking ``President'' and inserting ``Secretary of State
(except, in the case of paragraphs (6) and (10), the
President)''.
(d) International Agreements.--Section 103 (22 U.S.C. 2453)
is amended by striking ``President'' each place it appears
and inserting ``Secretary of State''.
(e) Personnel Benefits.--Section 104(d) (22 U.S.C. 2454(d))
is amended by striking ``President'' each place it appears
and inserting ``Secretary of State''.
(f) Foreign Student Counseling.--Section 104(e)(3) (22
U.S.C. 2454(e)(3)) is amended by striking ``President'' and
inserting ``Secretary of State''.
(g) Publicity and Promotion Overseas.--Section 104(e)(4)
(22 U.S.C. 2454(e)(4)) is amended by striking ``President''
and inserting ``Secretary of State''.
(h) Use of Funds.--Section 105(e) (22 U.S.C. 2455(e)) is
amended by striking ``President'' each place it appears and
inserting ``Secretary of State''.
(i) Repeal of Authority for Abolished Advisory Committee.--
Section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2456(c)) is repealed.
(j) Bureau of Educational and Cultural Affairs.--
(1) In general.--Section 112(a) (22 U.S.C. 2460(a)) is
amended by striking the first sentence and inserting the
following: ``In order to carry out the purposes of this Act,
there is established in the Department of State a Bureau for
International Exchange Activities (in this section referred
to as the `Bureau').''.
[[Page 446]]
(2) Implementation of programs.--Section 112(c) (22 U.S.C.
2460(c)) is amended by striking ``President'' each place it
appears and inserting ``Secretary of State''.
SEC. 325. INTERNATIONAL BROADCASTING ACTIVITIES.
(a) In General.--(1) Except as otherwise provided in
paragraph (2), title III of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended--
(A) by striking ``Director of the United States Information
Agency'' or ``Director'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy'';
(B) by striking all references to ``United States
Information Agency'' that were not stricken in subparagraph
(A) and inserting ``Department of State'';
(C) in section 305(a)(1), by inserting ``(including
activities of the Voice of America previously carried out by
the United States Information Agency)'' after ``this title'';
(D) in section 305(b), by striking ``Agency's'' each place
it appears and inserting ``Department's''; and
(E) by striking ``Bureau'' each place it appears and
inserting ``Office''.
(2) Title III of such Act is amended--
(A) in section 304(c)--
(i) by striking ``Director's'' and inserting ``Under
Secretary's''; and
(ii) in the fifth sentence, by striking ``Director of the
United States Information Agency, the acting Director of the
agency'' and inserting ``Under Secretary of State for Public
Diplomacy, the acting Under Secretary'';
(B) in sections 305(b) and 307(b)(1), by striking
``Director of the Bureau'' each place it appears and
inserting ``Director of the Office''; and
(C) in section 310(d), by striking ``Director on the date
of enactment of this Act, to the extent that the Director''
and inserting ``Under Secretary on the effective date of
title III of the Foreign Affairs Agencies Consolidation Act
of 1996, to the extent that the Under Secretary''.
(b) Conforming Amendment to Title 5.--Section 5315 of title
5, United States Code, is amended by striking ``Director of
the International Broadcasting Bureau, the United States
Information Agency'' and inserting ``Director of the
International Broadcasting Office, the Department of State''.
SEC. 326. TELEVISION BROADCASTING TO CUBA.
(a) Authority.--Section 243(a) of the Television
Broadcasting to Cuba Act (as contained in part D of title II
of Public Law 101-246) (22 U.S.C. 1465bb(a)) is amended by
striking ``United States Information Agency (hereafter in
this part referred to as the `Agency')'' and inserting
``Department of State (hereafter in this title referred to as
the `Department')''.
(b) Television Marti Service.--Section 244 of such Act (22
U.S.C. 1465cc) is amended--
(1) in subsection (a)--
(A) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Television Marti Service.''; and
(B) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Agency facilities'' and inserting
``Department facilities''; and
(C) by striking ``United States Information Agency
Television Service'' and inserting ``Department of State
Television Service''; and
(3) in subsection (c)--
(A) by striking ``USIA Authority.--The Agency'' and
inserting ``Secretary of State Authority.--The Secretary of
State''; and
(B) by striking ``Agency'' the second place it appears and
inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 246
of such Act (22 U.S.C. 1465dd) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(2) by striking ``the Agency'' and inserting ``the
Department''.
(d) Authorization of Appropriations.--Section 247(a) of
such Act (22 U.S.C. 1465ee(a)) is repealed.
SEC. 327. RADIO BROADCASTING TO CUBA.
(a) Functions of the Department of State.--Section 3 of the
Radio Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended--
(1) in the section heading, by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in subsection (a), by striking ``United States
Information Agency (hereafter in this Act referred to as the
`Agency')'' and inserting ``Department of State (hereafter in
this Act referred to as the `Department')'';
(3) by striking subsection (d); and
(4) in subsection (f), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of
State''.
(b) Cuba Service.--Section 4 of such Act (22 U.S.C. 1465b)
is amended--
(1) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Cuba Service (hereafter in this section referred
to as the `Service').''; and
(2) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State''.
(c) Assistance From Other Government Agencies.--Section 6
of such Act (22 U.S.C. 1465d) is amended--
(1) in subsection (a)--
(A) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(B) by striking ``the Agency'' and inserting ``the
Department''; and
(2) in subsection (b)--
(A) by striking ``The Agency'' and inserting ``The
Department''; and
(B) by striking ``the Agency'' and inserting ``the
Secretary of State''.
(d) Facility Compensation.--Section 7 of such Act (22
U.S.C. 1465e) is amended--
(1) in subsection (b), by striking ``the Agency'' and
inserting ``the Department''; and
(2) in subsection (d), by striking ``Agency'' and inserting
``Department''.
(e) Authorization of Appropriations.--Section 8 of such Act
(22 U.S.C. 1465f) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The amount obligated by the Department of State each
fiscal year to carry out this Act shall be sufficient to
maintain broadcasts to Cuba under this Act at rates no less
than the fiscal year 1985 level of obligations by the former
United States Information Agency for such broadcasts.''; and
(2) by redesignating subsection (c) as subsection (b).
SEC. 328. NATIONAL ENDOWMENT FOR DEMOCRACY.
(a) Grants.--Section 503 of Public Law 98-164, as amended
(22 U.S.C. 4412) is amended--
(1) in subsection (a)--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State'';
(B) by striking ``the Agency'' and inserting ``the
Department of State''; and
(C) by striking ``the Director'' and inserting ``the
Secretary of State''; and
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Audits.--Section 504(g) of such Act (22 U.S.C. 4413(g))
is amended by striking ``United States Information Agency''
and inserting ``Department of State''.
(c) Freedom of Information.--Section 506 of such Act (22
U.S.C. 4415) is amended--
(1) in subsection (b)--
(A) by striking ``Director'' each of the three places it
appears and inserting ``Secretary''; and
(B) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``USIA'' and
inserting ``Department of State'';
(B) by striking ``Director'' each of the three places it
appears and inserting ``Secretary'';
(C) by striking ``of the United States Information Agency''
and inserting ``of State''; and
(D) by striking ``United States Information Agency'' and
inserting ``Department of State''.
SEC. 329. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING
COUNTRIES.
(a) Program Authority.--Section 603 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 4703) is amended by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Guidelines.--Section 604(11) of such Act (22 U.S.C.
4704(11)) is amended by striking ``United States Information
Agency'' and inserting ``Department of State''.
(c) Policy Regarding Other International Educational
Programs.--Section 606(b) of such Act (22 U.S.C. 4706(b)) is
amended--
(1) in the subsection heading, by striking ``USIA'' and
inserting ``State Department''; and
(2) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(d) General Authorities.--Section 609(e) of such Act (22
U.S.C. 4709(e)) is amended by striking ``United States
Information Agency'' and inserting ``Department of State''.
SEC. 330. FASCELL FELLOWSHIP BOARD.
Section 1003(b) of the Fascell Fellowship Act (22 U.S.C.
4902(b)) is amended--
(1) in the text above paragraph (1), by striking ``9
members'' and inserting ``8 members'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
SEC. 331. NATIONAL SECURITY EDUCATION BOARD.
Section 803 of the Intelligence Authorization Act, Fiscal
Year 1992 (50 U.S.C. 1903(b)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6); and
(2) in subsection (c), by striking ``subsection (b)(7)''
and inserting ``subsection (b)(6)''.
SEC. 332. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.
Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2075) is amended by
striking ``Director of the United States Information Agency''
each place it appears and inserting ``Secretary of State''.
[[Page 447]]
SEC. 333. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN EAST AND WEST.
(a) Duties.--Section 703 of the Mutual Security Act of 1960
(22 U.S.C. 2055) is amended--
(1) in the text above paragraph (1), by striking ``Director
of the United States Information Agency'' (hereinafter
referred to as the `Director')'' and inserting ``Secretary of
State (hereinafter referred to as the `Secretary')''; and
(2) in paragraph (1), by striking ``establishment and''.
(b) Administration.--Section 704 of such Act (22 U.S.C.
2056) is amended--
(1) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.
SEC. 334. MISSION OF DEPARTMENT OF STATE.
Section 202 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 1461-1) is amended--
(1) in the first sentence, by striking ``mission of the
United States Information Agency'' and inserting ``mission of
the Department of State in carrying out its information,
educational, and cultural functions'';
(2) in the second sentence, in the text above paragraph
(1), by striking ``United States Information Agency'' and
inserting ``Department of State'';
(3) in paragraph (1)(B), by striking ``Agency'' and
inserting ``Department''; and
(4) in paragraph (5), by striking ``mission of the Agency''
and inserting ``mission described in this section''.
SEC. 335. CONSOLIDATION OF ADMINISTRATIVE SERVICES.
Section 23(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2695(a)) is amended--
(1) by striking ``(including'' and all that follows through
``Agency)''; and
(2) by striking ``other such agencies'' and inserting
``other Federal agencies''.
SEC. 336. GRANTS.
Section 212 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) in subsection (a), by striking ``United States
Information Agency'' and inserting ``Department of State, in
carrying out its international information, educational, and
cultural functions,'';
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``United States
Information Agency shall substantially comply with United
States Information Agency'' and inserting ``Department of
State, in carrying out its international information,
educational, and cultural functions, shall substantially
comply with Department of State''; and
(B) in paragraph (2), by striking ``United States
Information Agency'' and inserting ``Department of State'';
and
(C) in paragraphs (2) and (3), by striking ``Agency'' each
of the two places it appears and inserting ``Department'';
and
(4) by striking subsection (d).
SEC. 337. BAN ON DOMESTIC ACTIVITIES.
Section 208 of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended--
(1) by striking out ``United States Information Agency''
each of the two places it appears and inserting ``Department
of State''; and
(2) by inserting ``in carrying out international
information, educational, and cultural activities comparable
to those previously administered by the United States
Information Agency'' before ``shall be distributed''.
SEC. 338. CONFORMING REPEAL TO ARMS CONTROL AND DISARMAMENT
ACT.
Section 34(b) of the Arms Control and Disarmament Act (22
U.S.C. 2574(b)) is repealed.
SEC. 339. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.
Section 26(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2698(b)) is repealed.
SEC. 340. REPEAL RELATING TO PAYMENT OF SUBSISTENCE EXPENSES.
Section 32 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2704) is amended by striking the second
sentence.
SEC. 341. CONFORMING AMENDMENT TO SEED ACT.
Section 2(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401(c)) is amended in
paragraph (17) by striking ``United States Information
Agency'' and inserting ``Department of State''.
SEC. 342. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.
Section 7(c)(1) of the Federal Triangle Development Act (40
U.S.C. 1106(c)(1)) is amended--
(1) in the text above subparagraph (A), by striking ``15
members'' and inserting ``14 members'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively.
SEC. 343. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO. 2
OF 1977.
(a) Immigration and Nationality Act.--(1) Section
101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)) is amended by striking ``Director of
the United States Information Agency'' and inserting
``Secretary of State''.
(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is
amended--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(B) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Arts and Artifacts Indemnity Act.--Section 3(a) of the
Arts and Artifacts Indemnity Act (20 U.S.C. 972(a)) is
amended by striking out ``Director of the United States
Information Agency'' and inserting in lieu thereof
``Secretary of State''.
(c) National Foundation on the Arts and the Humanities Act
of 1965.--Section 9(b) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 958(b)) is amended
by striking out ``a member designated by the Director of the
United States Information Agency,'' and inserting in lieu
thereof ``a member designated by the Secretary of State,''.
(d) Woodrow Wilson Memorial Act of 1968.--Section 3(b) of
the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking out
``19 members'' and inserting in lieu thereof ``18 members'';
(2) by striking out paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(e) Public Law 95-86.--Title V of the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies
Appropriations Act, 1978 (Public Law 95-86) is amended in the
third proviso of the paragraph ``salaries and expenses''
under the heading ``United States Information Agency'' (22
U.S.C. 1461b) by striking out ``the United States Information
Agency is authorized,'' and inserting in lieu thereof ``the
Secretary of State may,''.
(f) Act of July 9, 1949.--The Act of July 9, 1949 (63 Stat.
408; chapter 301; 22 U.S.C. 2681 et seq.) is repealed.
SEC. 344. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM
TOTALITARIANISM TO DEMOCRACY.
Section 602 of the National and Community Service Act of
1990 (22 U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting
``Department of State''; and
(2) in subsection (b)--
(A) by striking ``appropriations account of the United
States Information Agency'' and inserting ``appropriate
appropriations account of the Department of State''; and
(B) by striking ``and the United States Information
Agency''.
SEC. 345. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
and
(2) by striking subsection (d).
SEC. 346. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.
Title III of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601 et seq.) is amended by
striking ``Director of the United States Information Agency''
each place it appears and inserting ``Secretary of State''.
SEC. 347. MIKE MANSFIELD FELLOWSHIPS.
Part C of title II of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6101 et seq.) is
amended--
(1) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State''; and
(2) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State''.
SEC. 348. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC
DIPLOMACY.
Section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469) is
amended--
(1) in subsection (c)(1)--
(A) by striking ``the Director of the United States
Information Agency,''; and
(B) by striking ``Director or the Agency, and shall
appraise the effectiveness of policies and programs of the
Agency'' and inserting ``Secretary of State or the Department
of State, and shall appraise the effectiveness of the
information, educational, and cultural policies and programs
of the Department'';
(2) in subsection (c)(2), in the first sentence--
(A) by striking ``the Secretary of State, and the Director
of the United States Information Agency'' and inserting ``,
and the Secretary of State'';
(B) by striking ``Agency'' the first place it appears and
inserting ``Department of State''; and
(C) by striking ``Director for effectuating the purposes of
the Agency'' and inserting ``Secretary for effectuating the
information, educational, and cultural functions of the
Department'';
(3) in subsection (c)(3), by striking ``programs conducted
by the Agency'' and inserting ``information, educational, and
cultural programs conducted by the Department of State''; and
(4) in subsection (c)(4), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary
of State''.
[[Page 448]]
TITLE IV--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title, and the amendments made by this title, shall take
effect on the earlier of--
(1) March 1, 1997; or
(2) the date of abolition of the Agency for International
Development and the United States International Development
Cooperation Agency pursuant to the reorganization plan
described in section 601.
(b) Exception.--This title shall not take effect if the
President waives the applicability of this title pursuant to
section 602.
CHAPTER 2--ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS
SEC. 411. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT
AND UNITED STATES INTERNATIONAL DEVELOPMENT
COOPERATION AGENCY.
(a) In General.--The Agency for International Development
and the United States International Development Cooperation
Agency are abolished.
(b) OPIC.--Subsection (a) shall not be interpreted to apply
to the Overseas Private Investment Corporation.
SEC. 412. TRANSFER OF FUNCTIONS.
There are transferred to the Secretary of State all
functions of the Administrator of the Agency for
International Development and the Director of the United
States International Development Cooperation Agency and all
functions of the Agency for International Development and the
United States International Development Cooperation Agency
(other than the functions with respect to the Overseas
Private Investment Corporation) and any office or component
of such agencies under any statute, reorganization plan,
Executive order, or other provision of law before the
effective date of this title, except as otherwise provided in
this division.
SEC. 413. UNDER SECRETARY OF STATE FOR DEVELOPMENT AND FOR
ECONOMIC AND COMMERCIAL AFFAIRS.
Section 1(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a(b)) is amended by adding after
paragraph (2), as added by section 313 of this Act, the
following new paragraph:
``(3) Under secretary for development and for economic and
commercial affairs.--There shall be in the Department of
State, among the Under Secretaries authorized by paragraph
(1), an Under Secretary for Development and for Economic and
Commercial Affairs who shall assist the Secretary and the
Deputy Secretary in the formation and implementation of
United States policies and activities concerning
international development and economic and commercial
affairs.''.
SEC. 414. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF AGENCY
FOR INTERNATIONAL DEVELOPMENT AND TRANSFER OF
FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General
of the Agency for International Development is abolished.
(b) Amendments to the Inspector General Act of 1978.--The
Inspector General Act of 1978 (5 U.S.C. App.) is amended as
follows:
(1) Section 8A is repealed.
(2) Section 11(1) is amended by striking ``the
Administrator of the Agency for International Development,''.
(3) Section 11(2) is amended by striking ``the Agency for
International Development,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Inspector General, Agency for International Development.''.
(d) Conforming Amendments.--(1) Section 239(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2199(e)) is amended
by striking ``Inspector General of the Agency for
International Development'' and inserting ``Inspector General
of the Department of State''.
(2) Sections 805, 806, and 812 of the Foreign Service Act
of 1980 (22 U.S.C. 4045, 4046, 4052) are amended by striking
``Office of the Inspector General, Agency for International
Development'' each place it appears and inserting ``Office of
the Inspector General, Department of State''.
(3) Section 205(b)(3) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1725(b)(3)) is amended
by striking ``Inspector General of the Agency for
International Development'' and inserting ``Inspector General
of the Department of State''.
(e) Transfer of Functions.--
(1) Transfer to inspector general of department of state.--
Except as provided in paragraph (2), there are transferred to
the Office of Inspector General of the Department of State
the functions that the Office of Inspector General of the
Agency for International Development exercised before the
effective date of this title (including all related functions
of the Inspector General of the Agency for International
Development).
(2) Transfer to secretary of state.--There are transferred
to the Secretary of State all security functions exercised by
the Office of Inspector General of the Agency for
International Development exercised before the effective date
of this title (including all related functions of the
Inspector General of the Agency for International
Development).
(f) Transfer and Allocations of Appropriations and
Personnel.--The Secretary and the Inspector General of the
Department of State, are authorized to make such incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out the provisions of this section.
SEC. 415. ABOLITION OF OFFICE OF CHIEF FINANCIAL OFFICER OF
AGENCY FOR INTERNATIONAL DEVELOPMENT AND
TRANSFER OF FUNCTIONS.
(a) Abolition of Office.--The Office of Chief Financial
Officer of the Agency for International Development is
abolished.
(b) Amendment to Title 31, United States Code.--Section
901(b)(2) of title 31, United States Code, is amended by
striking subparagraph (A).
(c) Transfer of Functions.--There are transferred to the
Office of Chief Financial Officer of the Department of State
the functions that the Office of Chief Financial Officer of
the Agency for International Development exercised before the
effective date of this title (including all related functions
of the Chief Financial Officer of the Agency for
International Development).
(d) Transfer and Allocations of Appropriations and
Personnel.--The Director of the Office of Management and
Budget, in consultation with the Secretary of State, is
authorized to make such incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 421. REFERENCES.
Any reference in any statute, reorganization plan,
Executive order, regulation, agreement, determination, or
other official document or proceeding to--
(1) the administrator of the agency primarily responsible
for administering part I of the Foreign Assistance Act of
1961, the Administrator of the Agency for International
Development, or any other officer or employee of the Agency
for International Development, shall be deemed to refer to
the Secretary of State;
(2) the Director or any other officer or employee of the
United States International Development Cooperation Agency
(IDCA) shall be deemed to refer to the Secretary of State; or
(3) the Agency for International Development, AID, the
agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961, or the United States
International Development Cooperation Agency (IDCA) shall be
deemed to refer to the Department of State.
SEC. 422. EXERCISE OF FUNCTIONS BY SECRETARY OF STATE.
Section 621(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2381(a)) is amended--
(1) in the first sentence, by inserting before the period
the following: ``, except that functions conferred upon the
President in part I of this Act may be exercised by the
Secretary of State''; and
(2) in the second and third sentences, by striking ``head
of any such agency'' each place it appears and inserting
``Secretary of State and any other head of any such agency''.
SEC. 423. REPEAL OF POSITIONS; EMPLOYMENT AND CONTRACTING
AUTHORITIES.
The following sections of the Foreign Assistance Act of
1961 are repealed:
(1) Section 624 (a), (b), (c), and (e) (22 U.S.C. 2384 (a),
(b), (c), and (e); relating to statutory officers).
(2) Section 626 (a) and (b) (22 U.S.C. 2386 (a) and (b);
relating to experts and consultants).
SEC. 424. DEVELOPMENT LOAN COMMITTEE.
Section 122(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151t(e)) is amended by inserting after the first
sentence the following new sentence: ``The Secretary of State
shall serve as Chairman of the Committee.''.
SEC. 425. DEVELOPMENT COORDINATION COMMITTEE.
(a) Annual Report.--Section 634(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394(a)) is amended in the
text above paragraph (1)(A) by striking ``Chairman of the
Development Coordination Committee'' and inserting
``Secretary of State''.
(b) Coordination.--Section 640B(a) of such Act (22 U.S.C.
2399(a)) is amended by striking ``head of the agency
primarily responsible for administering part I, Chairman, and
representatives of the Departments of State,'' and inserting
``Secretary of State,''.
SEC. 426. PUBLIC LAW 83-480 PROGRAM.
The Agricultural Trade Development and Assistance Act of
1954 (Public Law 83-480; 7 U.S.C. 1691 et seq.) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary of State''; and
(2) in section 402 (7 U.S.C. 1732)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
SEC. 427. CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES
CODE.
(a) Administrator.--Section 5313 of title 5, United States
Code, is amended by striking ``Administrator, Agency for
International Development.''.
[[Page 449]]
(b) Deputy Administrator.--Section 5314 of title 5, United
States Code, is amended by striking ``Deputy Administrator,
Agency for International Development.''.
(c) Assistant Administrators.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant
Administrators, Agency for International Development (6).''.
(d) Regional Assistant Administrators.--Section 5315 of
title 5, United States Code, is amended by striking
``Regional Assistant Administrators, Agency for International
Development (4).''.
(e) General Counsel.--Section 5316 of title 5, United
States Code, is amended by striking ``General Counsel of the
Agency for International Development.''.
SEC. 428. TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312 of the Export Enhancement Act of 1988 (15
U.S.C. 4727) is amended--
(1) in subsection (d)(1)--
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (M) as
subparagraphs (I) through (L), respectively; and
(2) in subsection (f)--
(A) by inserting ``the Committee on Foreign Relations and''
after ``submit to''; and
(B) by striking ``Foreign Affairs'' and inserting
``International Relations''.
SEC. 429. ADDITIONAL CONFORMING AMENDMENTS.
(a) FAA Authorities.--The Foreign Assistance Act of 1961 is
amended--
(1) in section 118 (22 U.S.C. 2151p-1)--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(B) by striking ``Agency'' each place it appears and
inserting ``Department'';
(2) in section 119 (22 U.S.C. 2151q)--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
(B) by striking ``Agency'' each place it appears and
inserting ``Department''; and
(C) in subsection (g)--
(i) by striking ``Actions by AID'' and inserting ``Actions
by the Department of State''; and
(ii) by striking ``Agency's'' and inserting
``Department's'';
(3) in section 123(b) (22 U.S.C. 2151u), by striking
``Agency for International Development'' and inserting
``Department of State'';
(4) in section 225 (22 U.S.C. 2185)--
(A) by striking ``Administrator'' each place it appears
(other than in subsection (m)(2)) and inserting
``Secretary''; and
(B) in subsection (m)--
(i) by striking ``Agency for International Development''
and inserting ``Department of State''; and
(ii) by striking `` `Administrator' means the Administrator
of the Agency for International Development'' and inserting
`` `Secretary' means the Secretary of State'';
(5) in section 233(b), by striking ``Administrator of the
Agency for International Development'' and inserting
``Secretary of State'';
(6) in section 239 (22 U.S.C. 2199) in subsection (h), by
striking ``Agency for International Development'' and
inserting ``Department of State'';
(7) in section 296 (22 U.S.C. 2220a), by striking
subsection (e);
(8) in sections 462 through 466 (22 U.S.C. 2282-2286), by
striking ``Administrator of the Agency for International
Development'' each place it appears and inserting ``Secretary
of State'';
(9) in section 495K(b)(3), by striking `` `Operating
Expenses of the Agency for International Development'
account'' and inserting ``appropriate administrative account
of the Department of State'';
(10) in section 496, by striking ``Agency for International
Development'' each place it appears and inserting
``Department of State'';
(11) in section 498C(b)(1), by striking `` `Operating
Expenses of the Agency for International Development' '' and
inserting ``the appropriate administrative account of the
Department of State'';
(12) in section 601--
(A) except as provided in subparagraph (B), by striking
``Administrator'' each place it appears and inserting
``Secretary of State'';
(B) in subsection (c)(1), by striking ``Administrator of
the Agency for International Development'' and inserting
``Secretary of State''; and
(C) by striking ``Agency for International Development''
and inserting ``Secretary of State'';
(13) in section 607(a), by striking ``Agency for
International Development'' and inserting ``Department of
State'';
(14) in section 634(a)(2)(F), by striking ``Agency for
International Development'' and inserting ``Department of
State''; and
(15) in section 635(c), by striking ``Agency for
International Development'' and inserting ``Department of
State''.
(b) Additional FAA References.--(1) Except as provided in
paragraphs (2) and (3), the Foreign Assistance Act of 1961 is
amended by striking ``agency primarily responsible for
administering this part'', ``agency primarily responsible for
administering part I'', ``agency primarily responsible for
administering part I of this Act'' each place such phrase
appears and inserting ``Department of State''.
(2) The Foreign Assistance Act of 1961 is amended by
striking ``administrator of the agency primarily responsible
for administering part I of this Act'', ``Administrator of
the agency primarily responsible for administering this
part'', and the ``Administrator of the agency primarily
responsible for administering part I of this Act'' each place
it appears and inserting ``Secretary of State''.
(3) The Foreign Assistance Act of 1961 is amended--
(A) in section 101(b), by striking ``Under the policy
guidance of the Secretary of State, the agency primarily
responsible for administering this part'' and inserting ``The
Department of State'';
(B) in section 116(b), by striking ``Administrator
primarily responsible for administering part I of this Act''
and inserting ``Secretary of State'';
(C) in section 224(a), by striking ``Agency'' each place it
appears and inserting ``Department'';
(D) in section 464(d), as added by section 701 of Public
Law 99-83, is amended by striking ``, under the supervision
and direction of the Secretary of State,'';
(E) in section 604(f), by striking ``agency primarily
responsible for administering such part I'' and inserting
``Department of State'';
(F) in section 611(e), by striking ``head of the agency
primarily responsible for administering part I of the Act''
and inserting ``Secretary of State''; and
(G) in paragraphs (5) and (6) of section 636(a), by
striking ``head of the agency primarily responsible for
administering part I'' each place it appears and inserting
``Secretary of State''.
(c) SEED Act.--(1) Section 201(e) of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5421(e)) is
amended by striking ``Agency for International Development''
and inserting ``Department of State''.
(2) Section 203 of such Act (22 U.S.C. 5423) is amended by
striking ``Agency for International Development'' each place
it appears and inserting ``Department of State''.
(3)(A) Section 402(a) of such Act (22 U.S.C. 5442(a)) is
amended by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''.
(B) Except as provided in subparagraph (A), section 402 is
further amended by striking ``Administrator'' each place it
appears and inserting ``Secretary''.
(4) Section 803 of such Act (22 U.S.C. 5493) is amended--
(A) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(B) by striking ``to the Agency'' and inserting ``to the
Department''.
(d) Cooperation Threat Reduction With States of Former
Soviet Union.--Section 1204(h) of the Cooperation Threat
Reduction Act of 1993 (22 U.S.C. 5953(h)) is amended by
striking ``and the Administrator of the Agency for
International Development''.
(e) Peace Corps National Advisory Council.--Section
12(c)(3) of Peace Corps Act (22 U.S.C. 2511(c)(3)) is amended
in subsection (c)(3) by striking ``and the Administrator of
the Agency for International Development, or their
designees,'' and inserting ``or his designee''.
(f) Democracy Corps.--Section 401 of the FREEDOM Support
Act (22 U.S.C. 5841) is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Secretary'';
(2) in subsection (h)(3)--
(A) by striking ``aid review'' and inserting ``state
department review''; and
(B) by striking ``Agency for International Development''
and inserting ``Department of State''; and
(3) by striking subsection (l)(1).
(g) Environmental Performance of Multilateral Development
Banks.--(1) Section 1302 of the International Financial
Institutions Act (22 U.S.C. 262m-1) is amended by striking
``, in cooperation with the Administrator of the Agency for
International Development,''.
(2) Section 1303 of such Act (22 U.S.C. 262m-2) is
amended--
(A) in subsection (a)(1), by striking ``missions of the
Agency for International Development'' and inserting
``economic assistance missions of the Department of State'';
and
(B) by striking ``Administrator of the Agency for
International Development, in consultation with the Secretary
of the Treasury and the Secretary of State,'' each place it
appears and inserting ``Secretary of State, in consultation
with the Secretary of the Treasury,''.
(h) Cooperative Information Exchange System.--Section 1304
of the International Financial Institutions Act (22 U.S.C.
262m-3) is amended by striking ``and the Administrator of the
Agency for International Development''.
(i) Environmental Impact of Proposed Multilateral
Development Bank Actions.--Section 1307(e) of the
International Financial Institutions Act (22 U.S.C. 262m-
7(e)) is amended by striking ``the Administrator of the
Agency for International Development,''.
(j) Annual Report by Chairman of National Advisory Council
on International Monetary and Financial Policies.--Section
1701(b)(10) of the International Financial Institutions Act
(22 U.S.C. 262r(b)(10)) is amended by striking ``and the
Administrator of the Agency for International Development''.
(k) Combined Report.--Section 1703 of the International
Financial Institutions Act (22 U.S.C. 262r-2) is amended by
striking ``Administrator of the Agency for International
Development, in consultation with the Secretary of the
Treasury and the Secretary of State'' and inserting
``Secretary of State, in consultation with the Secretary of
the Treasury,''.
[[Page 450]]
(l) Property Management Fund.--Section 585 of Public Law
101-513 (22 U.S.C. 2369a) is amended--
(1) by striking ``Agency for International Development''
each place it appears and inserting ``Department of State'';
and
(2) by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''.
(m) Capital Projects.--(1) Section 302 of the Aid, Trade,
and Competitiveness Act of 1992 (22 U.S.C. 2421a) is
amended--
(A) by striking ``Administrator of AID'' each place it
appears and inserting ``Secretary of State''; and
(B) in all references not covered by subparagraph (A), by
striking ``AID'' and inserting ``Department of State''.
(2) Section 303 of such Act (22 U.S.C. 2421b) is amended--
(A) by striking ``Administrator of AID'' each place it
appears and inserting ``Secretary of State''; and
(B) by striking ``AID'' each place it appears (except as
provided in subparagraph (A)) and inserting ``Department of
State''.
(3) Section 308(1) of such Act is repealed.
(n) Foreign Contracts.--Section 121 of the Foreign
Relations Authorization Act, Fiscal Year 1977 (22 U.S.C.
2661a) is amended by striking ``(including the Agency for
International Development)''.
(o) Administrative Services.--Section 23 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2695) is
amended by striking ``the Agency for International
Development,''.
(p) Energy Development Programs.--Section 502(c) of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3262(c)) is
amended by striking ``Agency for International Development
and''.
(q) Agricultural Commodities.--Section 416(b)(8)(C)(i) of
the Agricultural Act of 1949 (7 U.S.C. 1431(b)(8)(C)(i)) is
amended by striking ``Agency for International Development
office'' and inserting ``Department of State''.
(r) Local Currency Proceeds.--Section 305(c) of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1727d(c)) is amended--
(1) by striking ``Administrator'' and inserting
``Secretary''; and
(2) by striking ``Agency for International Development''
and inserting ``Department of State''.
(s) Special Assistant for Agricultural Trade and Food
Assistance.--Section 1113(c)(3) of the Food Security Act of
1985 (7 U.S.C. 1736-1(c)(3)) is amended by striking ``Agency
for International Development'' and inserting ``Department of
State''.
(t) Avoidance of Conflict of Interest.--Section 407(d)(3)
of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1736a(d)(3)) is amended by striking ``Agency
for International Development'' and inserting ``Department of
State''.
(u) International Agricultural Research and Extension.--
Section 1458 of the National Agricultural Extension and
Policy Act (7 U.S.C. 3291) is amended by striking ``Agency
for International Development'' each place it appears and
inserting ``Department of State''.
(v) Tied Aid Credit Program.--(1) Section 645(d) of the
Trade and Development Enhancement Act of 1983 (12 U.S.C.
635r(d)) is amended by striking ``in cooperation with the
Administrator of the Agency for International Development''.
(2) Section 647(2) of such Act (12 U.S.C. 635t(2)) is
amended by striking ``Agency for International Development''
and inserting ``Department of State''.
(w) Research and Development.--Section 9(e)(1) of the Small
Business Act (15 U.S.C 638(e)(1)) is amended by striking
``Agency for International Development'' and inserting
``Department of State (insofar as it carries out functions
previously administered by the Agency for International
Development)''.
(x) Central European Small Business Development
Commission.--Section 25(b)(1) of the Small Business Act (15
U.S.C 652(b)(1)) is amended by striking ``Agency for
International Development'' and inserting ``Department of
State (insofar as it carries out functions previously
administered by the Agency for International Development)''.
(y) Interagency Aquaculture Coordinating Group.--Section
6(a)(9) of the National Aquaculture Act of 1980 (42 U.S.C.
6601 note) is amended by striking ``Administrator of the
Agency for International Development'' and inserting
``Secretary of State''.
(z) Forestry and Related Natural Resource Assistance.--
Section 602(c) of the International Forestry Cooperation Act
of 1990 (16 U.S.C. 4501(c)) is amended--
(1) by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''; and
(2) by striking ``Agency for International Development''
and inserting ``Department of State''.
(aa) Caribbean and Central American Scholarship Program.--
Section 231 of the Customs and Trade Act of 1990 (20 U.S.C.
226) is amended--
(1) in subsection (b), by striking ``Administrator of the
Agency for International Development'' and inserting
``Secretary of State''; and
(2) in subsections (c) and (d), by striking
``Administrator'' each place it appears and inserting
``Secretary of State''.
(bb) Use of Renewable Resources for Energy Production.--
Section 602(a)(7) of Public Law 96-259 (22 U.S.C. 262j(a)(7))
is amended by striking ``Agency for International
Development'' and inserting ``Department of State''.
(cc) Public Health Activities.--(1) Section 2102 of the Act
of July 1, 1944, chapter 373, as amended, is amended by
striking ``Agency for International Development'' each place
it appears and inserting ``Department of State''.
(2) Section 2315(b) of such Act is amended by striking
``Administrator of the Agency for International Development''
and inserting ``Secretary of State''.
(dd) Energy Authorities.--Section 256 of Public Law 94-163,
as amended (42 U.S.C. 6276), is amended in subsection
(d)(1)(C) by striking ``Administrator of the Agency for
International Development'' and inserting ``Secretary of
State''.
(ee) Transportation Expenses.--Section 706 of the Foreign
Relations Authorization Act, Fiscal Year 1979 (49 U.S.C.
1518) is amended by striking ``Agency for International
Development''.
TITLE V--OFFICES OF INSPECTORS GENERAL
SEC. 501. REPEAL RELATING TO INSPECTOR GENERAL FOR UNITED
STATES ARMS CONTROL AND DISARMAMENT AGENCY.
Section 50 of the Arms Control and Disarmament Act (22
U.S.C. 2593a), relating to the ACDA Inspector General, is
repealed.
SEC. 502. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED
STATES INFORMATION AGENCY AND TRANSFER OF
FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General
of the United States Information Agency is abolished.
(b) Amendments to Inspector General Act of 1978.--Section
11 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in paragraph (1), by striking ``, the Office of
Personnel Management or the United States Information
Agency'' and inserting ``or the Office of Personnel
Management''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by striking the following:
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and
(j) of section 308 of Public Law 103-236 are amended by
striking ``Inspector General of the United States Information
Agency'' each place it appears and inserting ``Inspector
General for the Department of State''.
(e) Transfer of Functions.--There are transferred to the
Office of the Inspector General of the Department of State
the functions that the Office of Inspector General of the
United States Information Agency exercised before the
effective date of this title (including all related functions
of the Inspector General of the United States Information
Agency).
(f) Transfer and Allocations of Appropriations and
Personnel.--The Director of the Office of Management and
Budget, in consultation with the Secretary of State, is
authorized to make such incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section.
(g) Effective Date.--This section, and the amendments made
by this section, shall take effect on the earlier of--
(1) March 1, 1997; or
(2) the date of the abolition of the United States
Information Agency pursuant to the reorganization plan
described in section 601.
TITLE VI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN AND WAIVER
SEC. 601. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than October 1, 1996,
the President shall, in consultation with the Secretary and
the heads of the agencies covered under subsection (b),
transmit to the appropriate congressional committees a
reorganization plan providing for--
(1) the abolition of each such agency in accordance with
this division not later than March 1, 1997;
(2) the termination of functions of each such agency that
would be redundant if transferred to the Department, and the
separation from service of employees of each such agency not
otherwise provided for in the plan;
(3) the transfer to the Department of the functions and
personnel of each such agency consistent with the provisions
of this division; and
(4) the consolidation, reorganization, and streamlining of
the Department upon the transfer of such functions and
personnel in order to carry out such functions.
(b) Covered Agencies.--
(1) In general.--Except as provided in paragraph (2), the
agencies covered under this subsection are the following:
(A) The United States Arms Control and Disarmament Agency.
(B) The United States Information Agency.
(C) The Agency for International Development (including the
United States International Development Cooperation Agency).
(2) Exception.--The President may exclude up to two of the
agencies set forth in paragraph (1) from consideration as
agencies covered under this subsection. The President shall
exclude such agency or agencies by sub
[[Page 451]]
mitting a waiver with respect to such agencies in accordance
with section 602.
(c) Plan Elements.--The plan transmitted under subsection
(a) shall--
(1) identify the functions of each covered agency that will
be transferred to the Department under the plan;
(2) identify the personnel and positions of each such
agency (including civil service personnel, Foreign Service
personnel, and detailees) that will be transferred to the
Department, separated from service with such agency, or
eliminated under the plan, and set forth a schedule for such
transfers, separations, and terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service
personnel, and detailees) that will be transferred within the
Department, separated from service with the Department, or
eliminated under the plan, and set forth a schedule for such
transfers, separations, and terminations;
(4) specify the consolidations and reorganization of
functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to each such agency that
will be transferred to the Department as a result of the
transfer of functions of such agency to the Department;
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the
transfer of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of each such agency in connection with the
transfer of the functions of the agency to the Department.
(d) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise the plan transmitted under
subsection (a).
(e) Effective Date.--(1) The reorganization plan described
in this section, including any modifications or revisions of
the plan under subsection (d), shall become effective on the
earlier of March 1, 1997, or such date as the President shall
determine to be appropriate and announce by notice published
in the Federal Register, which date may be not earlier than
60 calendar days (excluding any day on which either House of
Congress is not in session because of an adjournment sine die
or because of an adjournment of more than 3 days to a day
certain) after the President has transmitted the
reorganization plan to the appropriate congressional
committees pursuant to subsection (a).
(2) Paragraph (1) shall apply notwithstanding section
905(b) of title 5, United States Code.
SEC. 602. WAIVER.
(a) In General.--(1) The President may waive the
applicability of title II, III, or IV of this division to the
agency otherwise covered by such title only if--
(A) the President includes in the reorganization plan
transmitted under section 601 the certification described in
subsection (b); and
(B) the certification is transmitted with the
reorganization plan not later than October 1, 1996.
(2) The President may exercise such waiver authority with
respect to not more than two such titles.
(b) Certification.--In order to waive the applicability of
a title referred to in subsection (a), the President shall
certify that--
(1) the reorganization plan submitted under section 601--
(A) will achieve savings of $1,700,000,000 in budget
authority during fiscal years 1996 through 1999 (not more
than 30 percent of which may be realized from reductions in
program levels); and
(B) will conform to the authorizations of appropriations
during such fiscal years in division B; and
(2) the preservation of the agency that would otherwise be
abolished pursuant to the title is important to the national
interest of the United States.
(c) Reorganization of Agency Covered by Waiver.--
(1) In general.--Notwithstanding the waiver of the
applicability of a title of this division, the President, in
consultation with the Secretary and the head of the agency
otherwise abolished pursuant to the title--
(A) shall provide in the reorganization plan transmitted
under section 601 for the transfer to and consolidation
within the Department of the functions of the agency set
forth in paragraph (2); and
(B) may provide in the reorganization plan for additional
consolidation, reorganization, and streamlining of the
agency, including--
(i) the termination of functions and reductions in
personnel of the agency;
(ii) the transfer of functions of the agency (including
personnel operations other than personnel management,
financial operations, public affairs aimed primarily at
domestic audiences, legislative affairs, and legal affairs),
and the personnel associated with such functions, to the
Department; and
(iii) the consolidation, reorganization, and streamlining
of the Department upon the transfer of such functions and
personnel in order to carry out the functions transferred.
(2) Functions to be transferred.--The functions to be
transferred under paragraph (1) are the functions relating to
the following:
(A) Non-specialized procurement.
(B) Travel and transportation.
(C) Facilities management.
(D) Security operations.
CHAPTER 2--REORGANIZATION AUTHORITY
SEC. 611. REORGANIZATION AUTHORITY.
(a) In General.--The Secretary is authorized, subject to
the requirements of this division, to allocate or reallocate
any function transferred to the Department under any title of
this division among the officers of the Department, and to
establish, consolidate, alter, or discontinue such
organizational entities within the Department as may be
necessary or appropriate to carry out any reorganization
under this division, but the authority of the Secretary under
this section does not extend to--
(1) the abolition of organizational entities or officers
established by this Act or any other Act; or
(2) the alteration of the delegation of functions to any
specific organizational entity or officer required by this
Act or any other Act.
(b) Requirements and Limitations on Reorganization Plan.--
The reorganization plan under section 601 may not have the
effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by
law for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(3) authorizing an agency to exercise a function which is
not authorized by law at the time the plan is transmitted to
Congress;
(4) creating a new agency which is not a component or part
of an existing executive department or independent agency; or
(5) increasing the term of an office beyond that provided
by law for the office.
SEC. 612. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND
PERSONNEL.
(a) In General.--Except as otherwise provided in this Act,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to,
or to be made available in connection with the functions and
offices, or portions thereof transferred by any title of this
division, subject to section 1531 of title 31, United States
Code, shall be transferred to the Secretary for appropriate
allocation.
(b) Limitation on Use of Transferred Funds.--Unexpended and
unobligated funds transferred pursuant to any title of this
division shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(c) Authorized Strength of the Foreign Service.--When an
agency is abolished under this division, the limitations for
fiscal years 1996 and 1997 under section 1351 of this Act on
the members of the Foreign Service authorized to be employed
by such agency shall be added to the limitations under such
section which apply to the Department.
SEC. 613. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary, is authorized to make such
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be
necessary to carry out the provisions of any title of this
division. The Director of the Office of Management and
Budget, in consultation with the Secretary, shall provide for
the termination of the affairs of all entities terminated by
this division and for such further measures and dispositions
as may be necessary to effectuate the purposes of any title
of this division.
SEC. 614. EFFECT ON PERSONNEL.
(a) Executive Schedule Positions.--Except as otherwise
provided in this division, any person who, on the day
preceding the date of the abolition of an agency the
functions of which are transferred under any title of this
division, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5,
United States Code, and who, without a break in service, is
appointed in the Department to a position having duties
comparable to the duties performed immediately preceding such
appointment shall continue to be compensated in such new
position at not less than the rate provided for such previous
position, for the duration of the service of such person in
such new position.
(b) Treatment of Appointed Positions.--(1) Positions whose
incumbents are appointed by the President, by and with the
advice and consent of the Senate, the functions of which are
transferred by any title of this division, shall terminate on
the effective date of that title.
(2) An individual holding an office immediately prior to
the abolition or transfer of the office by a title of this
division--
(A) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(B) who performs duties substantially similar to the duties
of an office proposed to be created under the reorganization
plan submitted under section 601,
may, in the discretion of the Secretary, assume the duties of
such new office, and shall not be required to be reappointed
by reason of the abolition or transfer of the individual's
previous office.
(c) Excepted Service.--(1) Subject to paragraph (2), in the
case of employees occupying positions in the excepted service
or the Senior Executive Service, any appointment au
[[Page 452]]
thority established pursuant to law or regulations of the
Office of Personnel Management for filling such positions
shall be transferred.
(2) The Department may decline a transfer of authority
under paragraph (1) (and the employees appointed pursuant
thereto) to the extent that such authority relates to
positions excepted from the competitive service because of
their confidential, policy-making, policy-determining, or
policy-advocating character, and noncareer positions in the
Senior Executive Service (within the meaning of section
3132(a)(7) of title 5, United States Code).
(d) Employee Benefit Programs.--(1) Any employee accepting
employment with the Department as a result of a transfer
pursuant to any title of this division may retain for 1 year
after the date such transfer occurs membership in any
employee benefit program of the former agency, including
insurance, to which such employee belongs on the date of the
enactment of this Act if--
(A) the employee does not elect to give up the benefit or
membership in the program; and
(B) the benefit or program is continued by the Secretary.
(2) The difference in the costs between the benefits which
would have been provided by such agency or entity and those
provided by this section shall be paid by the Secretary. If
any employee elects to give up membership in a health
insurance program or the health insurance program is not
continued by the Secretary, the employee shall be permitted
to select an alternate Federal health insurance program
within 30 days of such election or notice, without regard to
any other regularly scheduled open season.
(e) Senior Executive Service.--Any employee in the career
Senior Executive Service who is transferred pursuant to any
title of this division shall be placed in a position at the
Department which is comparable to the position the employee
held in the agency.
(f) Assignments.--(1) Transferring employees shall be
provided reasonable notice of new positions and assignments
prior to their transfer pursuant to any title of this
division.
(2) Foreign Service personnel transferred to the Department
pursuant to any title of this division shall be eligible for
any assignment open to Foreign Service personnel within the
Department for which such transferred personnel are
qualified.
(g) Treatment of Personnel Employed in Terminated
Functions.--The provisions of this subsection shall apply
with respect to officers and employees in the competitive
service, or employed under an established merit system in the
excepted service, whose employment is terminated as a result
of the abolition of the agency or the reorganization and
consolidation of functions of the Department under any title
of this division:
(1) Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the
executive branch may appoint in the competitive service any
person who is certified by the head of the former agency as
having served satisfactorily in the competitive service in
the former agency and who passes such examination as the
Office of Personnel Management may prescribe. Any person so
appointed shall, upon completion of the prescribed
probationary period, acquire a competitive status.
(2) The head of any agency in the executive branch having
an established merit system in the excepted service may
appoint in such service any person who is certified by the
head of the former agency as having served satisfactorily in
the former agency and who passes such examination as the head
of such agency in the executive branch may prescribe.
(3) Any appointment under this subsection shall be made
within a period of one year after completion of the
appointee's service.
(4) Any law, Executive order, or regulation which would
disqualify an applicant for appointment in the competitive
service or in the excepted service concerned shall also
disqualify an applicant for appointment under this
subsection.
(5) Any rights or benefits created by this subsection are
in addition to rights and benefits otherwise provided by law.
SEC. 615. TRANSITION FUND.
(a) Establishment.--There is hereby established on the
books of the Treasury an account to be known as the ``Foreign
Affairs Reorganization Transition Fund''.
(b) Purpose.--The purpose of the account is to provide
funds for the orderly transfer of functions and personnel to
the Department as a result of the implementation of this
division and for payment of other costs associated with the
consolidation of foreign affairs agencies under this
division.
(c) Deposits.--
(1) In general.--Subject to paragraphs (2) and (3), there
shall be deposited into the account the following:
(A) Funds appropriated to the account.
(B) Funds transferred to the account by the Secretary from
funds that are transferred to the Secretary by the head of an
agency under subsection (d).
(C) Funds transferred to the account by the Secretary from
funds that are transferred to the Department together with
the transfer of functions to the Department under this
division and that are not required by the Secretary in order
to carry out the functions.
(D) Funds transferred to the account by the Secretary from
any unobligated funds that are appropriated or otherwise made
available to the Department.
(2) Limitation on transfer of certain department funds.--
The Secretary may transfer funds to the account under
subparagraph (C) of paragraph (1) only if the Secretary
determines that the amount of funds deposited in the account
pursuant to subparagraphs (A) and (B) of that paragraph is
inadequate to pay the costs of carrying out this division.
(3) Limitation on transfer of unobligated funds of
department.--The Secretary may transfer funds to the account
under subparagraph (D) of paragraph (1) only if the Secretary
determines that the amount of funds deposited in the account
pursuant to subparagraphs (A), (B), and (C) of that paragraph
is inadequate to pay the costs of carrying out this division.
(d) Transfer of Funds to Secretary.--The head of an agency
abolished under this division shall transfer to the Secretary
the amount, if any, of the unobligated funds appropriated or
otherwise made available to the agency for functions of the
agency that are abolished under this division which funds are
not required to carry out the functions of the agency as a
result of the abolishment of the functions under this
division.
(e) Use of Funds.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (2), the Secretary shall use sums in
the account for payment of the costs of carrying out this
division, including costs relating to the consolidation of
functions of the Department and the termination of employees
of the Department.
(2) Limitation on use of funds.--
(A) Except as provided in subparagraph (B), the Secretary
may not use sums in the account for payment of the costs
described in paragraph (1) unless the appropriate
congressional committees are notified 15 days in advance of
such use in accordance with procedures applicable to
reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(B) Exception.--Subparagraph (A) does not apply to the
following uses of sums in the account:
(i) For payment of the cost of any severance payments
required to be paid by the Secretary to employees of the
Department, but only if the cost of such payments is less
than $10,000,000.
(ii) For transfer to the head of an agency to be abolished
under this division for payment of the cost of any severance
payments required to be paid to employees of the agency, but
only if the total amount transferred with respect to the
agency is less than $40,000,000.
(iii) For payment of the cost of any improvements of the
information management systems of the Department that are
carried out as a result of the abolishment of agencies under
this division, but only if the cost of such improvements is
less than $15,000,000.
(iv) For payment of the cost of the physical relocation of
fixtures, materials, and other resources from an agency to be
abolished under this division to the Department or of such
relocation within the Department, but only if the cost of
such relocation is less than $10,000,000.
(3) Availability without fiscal year limitation.--Funds in
the account shall be available for the payment of costs under
paragraph (1) without fiscal year limitation.
(f) Treatment of Unobligated Balances.--
(1) In general.--Subject to paragraph (2), unobligated
funds, if any, which remain in the account after the payment
of the costs described in subsection (e)(1) shall be
transferred to the Department and shall be available to the
Secretary for purposes of carrying out the functions of the
Department.
(2) Notification.--The Secretary may not transfer funds in
the account to the Department under paragraph (1) unless the
appropriate congressional committees are notified in advance
of such transfer in accordance with the procedures applicable
to reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956.
(g) Report on Account.--Not later than October 1, 1998, the
Secretary shall transmit to the appropriate congressional
committees a report containing an accounting of--
(1) the expenditures from the account established under
this section; and
(2) in the event of any transfer of funds to the Department
under subsection (f), the functions for which the funds so
transferred were expended.
(h) Termination of Authority To Use Account.--The Secretary
may not obligate funds in the account after September 30,
1999.
SEC. 616. SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under any
title of this division; and
(2) that are in effect at the time such title takes effect,
or were final before the effective date of such title and are
to become effective on or after the effective date of such
title,
shall continue in effect according to their terms until
modified, terminated, super
[[Page 453]]
seded, set aside, or revoked in accordance with law by the
President, the Secretary, or other authorized official, a
court of competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--(1) The provisions of any title
of this division shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
on the effective date of any title of this division before
any department, agency, commission, or component thereof,
functions of which are transferred by any title of this
division. Such proceedings and applications, to the extent
that they relate to functions so transferred, shall be
continued.
(2) Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this division had not been enacted.
Orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by
the Secretary, by a court of competent jurisdiction, or by
operation of law.
(3) Nothing in this division shall be deemed to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modified
if this division had not been enacted.
(4) The Secretary is authorized to promulgate regulations
providing for the orderly transfer of proceedings continued
under this subsection to the Department.
(c) No Effect on Judicial Proceedings.--Except as provided
in subsection (e)--
(1) the provisions of this division shall not affect suits
commenced prior to the effective date of this Act, and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect
as if this division had not been enacted.
(d) Non-Abatement of Proceedings.--No suit, action, or
other proceeding commenced by or against any officer in the
official capacity of such individual as an officer of any
department or agency, functions of which are transferred by
any title of this division, shall abate by reason of the
enactment of this division. No cause of action by or against
any department or agency, functions of which are transferred
by any title of this division, or by or against any officer
thereof in the official capacity of such officer shall abate
by reason of the enactment of this division.
(e) Continuation of Proceeding With Substitution of
Parties.--If, before the date on which any title of this
division takes effect, any department or agency, or officer
thereof in the official capacity of such officer, is a party
to a suit, and under this division any function of such
department, agency, or officer is transferred to the
Secretary or any other official of the Department, then such
suit shall be continued with the Secretary or other
appropriate official of the Department substituted or added
as a party.
(f) Reviewability of Orders and Actions Under Transferred
Functions.--Orders and actions of the Secretary in the
exercise of functions transferred under any title of this
division shall be subject to judicial review to the same
extent and in the same manner as if such orders and actions
had been by the agency or office, or part thereof, exercising
such functions immediately preceding their transfer. Any
statutory requirements relating to notice, hearings, action
upon the record, or administrative review that apply to any
function transferred by any title of this division shall
apply to the exercise of such function by the Secretary.
SEC. 617. PROPERTY AND FACILITIES.
The Secretary shall review the property and facilities
transferred to the Department under this division to
determine whether such property and facilities are required
by the Department.
SEC. 618. AUTHORITY OF SECRETARY OF STATE TO FACILITATE
TRANSITION.
Prior to, or after, any transfer of a function under any
title of this division, the Secretary is authorized to
utilize--
(1) the services of such officers, employees, and other
personnel of an agency with respect to functions that will be
or have been transferred to the Department by any title of
this division; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of any title of this division.
SEC. 619. RECOMMENDATIONS FOR ADDITIONAL CONFORMING
AMENDMENTS.
Congress urges the President, in consultation with the
Secretary and the heads of other appropriate agencies, to
develop and submit to Congress recommendations for such
additional technical and conforming amendments to the laws of
the United States as may be appropriate to reflect the
changes made by this division.
SEC. 620. FINAL REPORT.
Not later than October 1, 1998, the President, in
consultation with the Secretary of the Treasury and the
Director of the Office of Management and Budget shall submit
to the appropriate congressional committees a report which
provides a final accounting of the finances and operations of
the agencies abolished under this division.
SEC. 621. TRANSFER OF FUNCTION.
Any determination as to whether a transfer of function,
carried out under this Act, constitutes a transfer of
function for purposes of subchapter I of chapter 35 of title
5, United States Code, shall be made without regard to
whether or not the function involved is identical to
functions already being performed by the receiving agency.
SEC. 622. SEVERABILITY.
If a provision of this division or its application to any
person or circumstance is held invalid, neither the remainder
of this division nor the application of the provision to
other persons or circumstances shall be affected.
DIVISION B--FOREIGN RELATIONS AUTHORIZATIONS
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Department of State and
Related Agencies Authorization Act, Fiscal Years 1996 and
1997''.
SEC. 1002. DEFINITIONS.
The following terms have the following meaning for the
purposes of this division:
(1) The term ``AID'' means the Agency for International
Development.
(2) The term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
(3) The term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee of Foreign Relations of the
Senate.
(4) The term ``Department'' means the Department of State.
(5) The term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code.
(6) The term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(7) The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(8) The term ``Secretary'' means the Secretary of State.
(9) The term ``USIA'' means the United States Information
Agency.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE AND
CERTAIN INTERNATIONAL AFFAIRS FUNCTIONS AND ACTIVITIES
SEC. 1101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for
the Department of State under ``Administration of Foreign
Affairs'' to carry out the authorities, functions, duties,
and responsibilities in the conduct of the foreign affairs of
the United States and for other purposes authorized by law,
including the diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'' of the Department of State,
$1,719,220,000 for the fiscal year 1996, $1,710,000,000 for
the fiscal year 1997, $1,708,800,000 for the fiscal year
1998, and $1,700,000,000 for the fiscal year 1999.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For ``Salaries and
Expenses'' of the Department of State, $365,146,000 for the
fiscal year 1996, $357,000,000 for the fiscal year 1997,
$355,000,000 for the fiscal year 1998, and $355,000,000 for
the fiscal year 1999.
(B) Limitation.--Of the amount authorized to be
appropriated by subparagraph (A), $11,900,000 for fiscal year
1997 is authorized to be appropriated for salaries and
expenses of the Bureau of Refugee and Migration Assistance.
(3) Capital investment fund.--For ``Capital Investment
Fund'' of the Department of State, $16,400,000 for the fiscal
year 1996 and $16,400,000 for the fiscal year 1997.
(4) Security and maintenance of united states missions.--
For ``Security and Maintenance of United States Missions'',
$385,760,000 for the fiscal year 1996 and $380,000,000 for
the fiscal year 1997.
(5) Representation allowances.--For ``Representation
Allowances'', $4,500,000 for the fiscal year 1996 and
$4,500,000 for the fiscal year 1997.
(6) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$6,000,000 for the fiscal year 1996 and $6,000,000 for the
fiscal year 1997.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $27,369,000 for the fiscal year 1996,
$27,000,000 for the fiscal year 1997, $27,000,000 for the
fiscal year 1998, and $27,000,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,165,000
for the fiscal year 1996 and $14,165,000 for the fiscal year
1997.
(9) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $8,579,000
for the fiscal year 1996 and $10,000,000 for the fiscal year
1997.
(10) Repatriation loans.--For ``Repatriation Loans'',
$776,000 for the fiscal year 1996 and $776,000 for the fiscal
year 1997, for administrative expenses.
SEC. 1102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND
CONFERENCES.
(a) Assessed Contributions to International
Organizations.--There are authorized to be appropriated for
``Contributions to International Organizations'',
$850,000,000 for the fiscal year 1996 and $840,000,000 for
the fiscal year 1997 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international organizations and to carry out other
authorities in law consistent with such purposes.
[[Page 454]]
(b) Assessed Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$445,000,000 for the fiscal year 1996 and $375,000,000 for
the fiscal year 1997 for the Department of State to carry out
the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States with
respect to international peacekeeping activities and to carry
out other authorities in law consistent with such purposes.
(c) International Conferences and Contingencies.--There are
authorized to be appropriated for ``International Conferences
and Contingencies'', $3,000,000 for the fiscal year 1996 and
$3,000,000 for the fiscal year 1997 for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international conferences and
contingencies and to carry out other authorities in law
consistent with such purposes.
(d) Foreign Currency Exchange Rates.--In addition to
amounts otherwise authorized to be appropriated by
subsections (a) and (b), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1996 and 1997 to offset adverse fluctuations in
foreign currency exchange rates. Amounts appropriated under
this subsection shall be available for obligation and
expenditure only to the extent that the Director of the
Office of Management and Budget determines and certifies to
Congress that such amounts are necessary due to such
fluctuations.
(e) Limitation on United States Voluntary Contributions to
United Nations Development Program.--
(1) Of the amounts made available for fiscal years 1996 and
1997 for United States voluntary contributions to the United
Nations Development Program--
(A) not more than $51,800,000 shall be made available for
fiscal year 1996 unless, during fiscal year 1996, the
President submits to the appropriate committees of Congress
the certification described in paragraph (2), and
(B) not more than $51,800,000 shall be available for fiscal
year 1997 unless, during fiscal year 1997, the President
submits to the appropriate committees of Congress the
certification described in paragraph (2).
(2) The certification referred to in paragraph (1) is a
certification by the President that all programs and
activities of the United Nations Development Program
(including United Nations Development Program--Administered
Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or private
voluntary organizations that have been deemed independent of
the State Law and Order Restoration Council (SLORC) by the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union
of Burma;
(C) provide no financial, political, or military benefit to
the SLORC; and
(D) are supported by the leadership of the National League
for Democracy and the leadership of the National Coalition
Government of the Union of Burma.
SEC. 1103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $12,058,000 for the
fiscal year 1996 and $19,372,000 for the fiscal year 1997;
and
(B) for ``Construction'' $6,644,000 for the fiscal year
1996 and $9,000,000 for the fiscal year 1997.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $640,000 for the fiscal year 1996 and
$666,000 for the fiscal year 1997.
(3) International joint commission.--For ``International
Joint Commission'', $3,360,000 for the fiscal year 1996 and
$3,195,000 for the fiscal year 1997.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,669,000 for the
fiscal year 1996 and $13,202,000 for the fiscal year 1997.
SEC. 1104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations.--
(1) Migration and refugee assistance.--
(A) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance''
for authorized activities, $590,000,000 for the fiscal year
1996 and $590,000,00 for the fiscal year 1997.
(B) Limitation.--None of the funds authorized to be
appropriated by this section for fiscal year 1997 are
authorized to be appropriated for salaries and administrative
expenses of the Bureau of Migration and Refugee Assistance.
(2) Refugees resettling in israel.--There are authorized to
be appropriated $80,000,000 for the fiscal year 1996 and
$80,000,000 for the fiscal year 1997 for assistance for
refugees resettling in Israel from other countries.
(3) Humanitarian assistance for displaced burmese.--There
are authorized to be appropriated $1,500,000 for the fiscal
year 1996 and $1,500,000 for the fiscal year 1997 for
humanitarian assistance, including but not limited to food,
medicine, clothing, and medical and vocational training to
persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(4) Resettlement of vietnamese, laotians, and cambodians.--
Of the amounts authorized to be appropriated for fiscal year
1996 under paragraph (1), there are authorized to be
appropriated such amounts as are necessary for the admission
and resettlement, within numerical limitations provided by
law for refugee admissions, of persons who--
(A) are or were nationals and residents of Vietnam, Laos,
or Cambodia and are or were at any time after July 1, 1995,
residents of refugee camps in Hong Kong, the Philippines,
Indonesia, Malaysia, or Thailand; and
(B)(i) are determined by a United States immigration
officer to be within a category of aliens referred to in
section 599D(b)(2)(C) of the Foreign Operations Export
Financing and Related Programs Appropriations Act, 1990
(Public Law 101-167); or
(ii) are otherwise determined by a United States
immigration officer to be refugees within the meaning of
section 101(a)(42) of the Immigration and Nationality Act.
(b) General Limitations.--None of the funds authorized to
be appropriated by subsection (a) are authorized to be
available for any program or activity that provides for,
promotes, or assists in the repatriation of any person to
Vietnam, Laos, or Cambodia, unless the President has
certified to the appropriate congressional committees that--
(1) all persons described in subsection (a)(4)(A) have been
or will be offered an interview by a United States
immigration officer in a refugee camp or elsewhere in the
host country in which such a camp is located (or, if the
government of such a country has declined a request by the
United States to permit such interviews to take place within
such country, in their country of origin) for the purpose of
determining whether they are persons described in subsection
(a)(4)(B); and
(2) all persons described in subsection (a)(4)(B) have been
or will be offered resettlement outside their countries of
nationality.
(c) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to be available until expended.
(d) Refugee Camp Defined.--For the purposes of this
section, the term ``refugee camp'' means any place in which
people who left Vietnam, Cambodia, or Laos are housed or held
by a government or international organization, regardless of
the designation of such place by such government or
organization.
(e) Statutory Construction.--Nothing in this section may be
construed to require or permit an increase in the number of
refugee admissions for fiscal year 1996 from the numerical
limitation for refugee admissions for fiscal year 1995.
SEC. 1105. ASIA FOUNDATION.
There are authorized to be appropriated for the Department
of State $5,000,000 for the fiscal year 1996 and $10,000,000
for the fiscal year 1997 for ``Asia Foundation''.
SEC. 1106. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND
CULTURAL PROGRAMS.
The following amounts are authorized to be appropriated to
carry out international information activities and
educational and cultural exchange programs under the United
States Information and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, the United States
International Broadcasting Act of 1994, the Radio
Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, the Board for International Broadcasting Act, the
Inspector General Act of 1978, the North/South Center Act of
1991, the National Endowment for Democracy Act, and to carry
out other authorities in law consistent with such purposes:
(1) Salaries and expenses.--For ``Salaries and Expenses'',
$445,645,000 for the fiscal year 1996, $440,000,000 for the
fiscal year 1997, $410,000,000 for the fiscal year 1998, and
$399,000,000 for the fiscal year 1999.
(2) Technology fund.--For ``Technology Fund'' for the
United States Information Agency, $5,050,000 for the fiscal
year 1996 and $5,050,000 for the fiscal year 1997.
(3) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'', $102,500,000 for
the fiscal year 1996 and $98,000,000 for the fiscal year
1997.
(B) Other programs.--For ``Hubert H. Humphrey Fellowship
Program'', ``Edmund S. Muskie Fellowship Program'',
``International Visitors Program'', ``Mike Mansfield
Fellowship Program'', ``Claude and Mildred Pepper Scholarship
Program of the Washington Workshops Foundation'', ``Citizen
Exchange Programs'', ``Congress-Bundestag Exchange Program'',
``Newly Independent States and Eastern Europe Training'',
``Institute for Representative Government'', ``Arts
America'', ``South Pacific Exchanges'', ``East Timorese
Scholarships'', ``Cambodian Scholarships'', and ``Educational
and Cultural Exchanges with Tibet'', $97,500,000 for the
fiscal year 1996 and $85,000,000 for the fiscal year 1997.
(4) International broadcasting activities.--
(A) Authorization of appropriations.--For ``International
Broadcasting Activities'',
[[Page 455]]
$325,191,000 for the fiscal year 1996, $330,000,000 for the
fiscal year 1997, $320,000,000 for the fiscal year 1998, and
$315,000,000 for the fiscal year 1999.
(B) Allocation.--Of the amounts authorized to be
appropriated under subparagraph (A), the Director of the
United States Information Agency and the Board of
Broadcasting Governors shall seek to ensure that the amounts
made available for broadcasting to nations whose people do
not fully enjoy freedom of expression do not decline in
proportion to the amounts made available for broadcasting to
other nations.
(5) Radio construction.--For ``Radio Construction'',
$40,000,000 for the fiscal year 1996, and $35,000,000 for the
fiscal year 1997.
(6) Radio free asia.--For ``Radio Free Asia'', $10,000,000
for the fiscal year 1996 and $10,000,000 for the fiscal year
1997.
(7) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$24,809,000 for the fiscal year 1996 and $24,809,000 for the
fiscal year 1997.
(8) Center for cultural and technical interchange between
east and west.--For ``Center for Cultural and Technical
Interchange between East and West'', $11,750,000 for the
fiscal year 1996 and $11,750,000 for the fiscal year 1997.
(9) National endowment for democracy.--
(A) Authorization of appropriations.--For ``National
Endowment for Democracy'', $32,000,000 for the fiscal year
1996 and $30,000,000 for the fiscal year 1997.
(B) Limitation.--Of the amounts authorized to be
appropriated under subparagraph (A) for each fiscal year, not
more than 55 percent shall be available only for the
following organizations, in equal allotments:
(i) The International Republican Institute (IRI).
(ii) The National Democratic Institute (NDI).
(iii) The Free Trade Union Institute (FTUI).
(iv) The Center for International Private Enterprise
(CIPE).
(10) Center for cultural and technical interchange between
north and south.--For ``Center for Cultural and Technical
Interchange between North and South'' $2,000,000 for the
fiscal year 1996 and $3,000,000 for the fiscal year 1997.
SEC. 1107. UNITED STATES ARMS CONTROL AND DISARMAMENT.
There are authorized to be appropriated to carry out the
purposes of the Arms Control and Disarmament Act--
(1) $35,700,000 for the fiscal year 1996, $30,000,000 for
the fiscal year 1997, $28,000,000 for the fiscal year 1998,
and $25,000,000 for the fiscal year 1999; and
(2) such sums as may be necessary for each of the fiscal
years 1996 and 1997 for increases in salary, pay, retirement,
other employee benefits authorized by law, and to offset
adverse fluctuations in foreign currency exchange rates.
SEC. 1108. ADMINISTRATION OF FOREIGN ASSISTANCE.
(a) Operating Expenses Generally.--Section 667(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2427(a)(1)) is
amended to read as follows:
``(1) $465,000,000 for each of the fiscal years 1996 and
1997, $445,000,000 for fiscal year 1998, and $435,000,000 for
fiscal year 1999 for necessary operating expenses of the
agency primarily responsible for administering part I of this
Act (other than the office of the inspector general of such
agency); and''.
(b) Operating Expenses of the Office of the Inspector
General of AID.--Section 667(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2427(a)) is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by striking ``and'' at the end of paragraph (1); and
(3) by inserting after paragraph (1) the following:
``(2) $30,200,000 for fiscal year 1996, $27,000,000 for
fiscal year 1997, $25,000,000 for fiscal year 1998, and
$19,000,000 for fiscal year 1999 for necessary operating
expenses of the office of the inspector general of such
agency; and''.
SEC. 1109. NARCOTICS CONTROL ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$115,000,000 for fiscal year 1996 and $213,000,000 for fiscal
year 1997 to carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291 et seq.).
(b) Availability of Amounts.--Amounts authorized to be
appropriated under subsection (a) are authorized to remain
available until expended.
SEC. 1110. PEACE CORPS.
Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is
amended to read as follows:
``(b)(1) There are authorized to be appropriated to carry
out the purposes of this Act $210,000,000 for fiscal year
1996 and $234,000,000 for fiscal year 1997.
``(2) Amounts authorized to be appropriated under paragraph
(1)--
``(A) with respect to fiscal year 1996 are authorized to
remain available until September 30, 1997; and
``(B) with respect to fiscal year 1997 are authorized to
remain available until September 30, 1998.''.
SEC. 1111. HOUSING GUARANTEE PROGRAM.
(a) Authorization of Appropriations for Administrative
Expenses.--
(1) In general.--(A) Subject to subparagraph (B), there are
authorized to be appropriated $7,000,000 for fiscal year 1996
and $6,000,000 for fiscal year 1997 for administrative
expenses to carry out guaranteed loan programs under sections
221 and 222 of the Foreign Assistance Act of 1961 (22 U.S.C.
2181 and 2182).
(B) Amounts authorized to be appropriated under
subparagraph (A) may be made available only for--
(i) administrative expenses incurred with respect to
guaranties issued before the date of the enactment of this
Act; or
(ii) expenses incurred with respect to activities related
to the collection of amounts paid by the United States in the
discharge of liabilities under guaranties issued under
section 222 of the Foreign Assistance Act of 1961 (22 U.S.C.
2182).
(2) Availability.--Amounts authorized to be appropriated
under paragraph (1) are authorized to remain available until
expended.
(b) Additional Requirements.--
(1) Expiration of authority.--Section 222(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2182(a)) is amended by
striking the third sentence and inserting the following: ``No
guaranties may be issued under this section on or after the
date of the enactment of the Foreign Relations Authorization
Act, Fiscal Years 1996 and 1997.''.
(2) Cancellation of certain existing guaranties.--Section
222 of such Act (22 U.S.C. 2182) is amended--
(A) by redesignating subsection (k) as subsection (d); and
(B) by adding at the end the following new subsection:
``(e) The President shall cancel all guaranties issued
under this section with respect to which eligible investors
have not (before the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 1996 and 1997)
applied such guaranties to loans for projects under this
title. The provisions of this subsection shall not apply to
guaranties which have been issued for the benefit of the
Republic of South Africa.''.
(3) Prohibition on assistance for entities in default and
certain other entities.--Section 620 of such Act (22 U.S.C.
2370) is amended by inserting after subsection (u) the
following new subsection:
``(v)(1) Subject to paragraph (2), no assistance shall be
furnished under this Act to any entity that--
``(A) fails to make timely payments on loans with respect
to which guaranties have been issued under title III of
chapter 2 of part I of this Act (relating to housing and
other credit guaranty programs); or
``(B) causes amounts (including amounts for administrative
expenses) to be paid by the United States in the discharge of
liabilities under guaranties issued under such title, unless
such entity has reimbursed the United States for such
amounts.
``(2) The President may waive the prohibition in paragraph
(1) with respect to an entity if the President determines
that it is in the national interest of the United States to
furnish assistance under this Act to such entity.''.
TITLE XII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 1201. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
(a) In General.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read
as follows:
``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--(1) There is established a program
for the payment of rewards to carry out the purposes of this
section.
``(2) The rewards program established by this section shall
be administered by the Secretary of State, in consultation,
where appropriate, with the Attorney General.
``(b) Purpose.--(1) The rewards program established by this
section shall be designed to assist in the prevention of acts
of international terrorism, international narcotics
trafficking, and other related criminal acts.
``(2) At the sole discretion of the Secretary of State and
in consultation, as appropriate, with the Attorney General,
the Secretary of State may pay a reward to any individual who
furnishes information leading to--
``(A) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a United States person or United States
property;
``(B) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or
United States property;
``(C) the arrest or conviction in any country of any
individual for committing, primarily outside the territorial
jurisdiction of the United States, any narcotics-related
offense if that offense involves or is a significant part of
conduct that involves--
``(i) a violation of United States narcotics laws and which
is such that the individual would be a major violator of such
laws;
``(ii) the killing or kidnapping of--
``(I) any officer, employee, or contract employee of the
United States Government while such individual is engaged in
official duties, or on account of that individual's official
duties, in connection with the enforcement of United States
narcotics laws or the implementing of United States narcotics
control objectives; or
``(II) a member of the immediate family of any such
individual on account of that individual's official duties in
connection with the enforcement of United States narcotics
laws or the implementing of United States narcotics control
objectives; or
``(iii) an attempt or conspiracy to commit any of the acts
described in clause (i) or (ii);
``(D) the arrest or conviction in any country of any
individual aiding or abetting in
[[Page 456]]
the commission of an act described in subparagraphs (A)
through (C); or
``(E) the prevention, frustration, or favorable resolution
of an act described in subparagraphs (A) through (C).
``(c) Coordination.--(1) To ensure that the payment of
rewards pursuant to this section does not duplicate or
interfere with the payment of informants or the obtaining of
evidence or information, as authorized to the Department of
Justice, the offering, administration, and payment of rewards
under this section, including procedures for--
``(A) identifying individuals, organizations, and offenses
with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) offering of joint rewards with foreign governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
``(2) Before making a reward under this section in a matter
over which there is Federal criminal jurisdiction, the
Secretary of State shall advise and consult with the Attorney
General.
``(d) Funding.--(1) There are authorized to be appropriated
to the Department of State from time to time such amounts as
may be necessary to carry out the purposes of this section,
notwithstanding section 102 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
93).
``(2) No amount of funds may be appropriated which, when
added to the amounts previously appropriated but not yet
obligated, would cause such amounts to exceed $15,000,000.
``(3) To the maximum extent practicable, funds made
available to carry out this section should be distributed
equally for the purpose of preventing acts of international
terrorism and for the purpose of preventing international
narcotics trafficking.
``(4) Amounts appropriated to carry out the purposes of
this section shall remain available until expended.
``(e) Limitation and Certification.--(1) A reward under
this section may not exceed $2,000,000.
``(2) A reward under this section of more than $100,000 may
not be made without the approval of the President or the
Secretary of State.
``(3) Any reward granted under this section shall be
approved and certified for payment by the Secretary of State.
``(4) The authority of paragraph (2) may not be delegated
to any other officer or employee of the United States
Government.
``(5) If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipient's
immediate family must be protected, the Secretary may take
such measures in connection with the payment of the reward as
he considers necessary to effect such protection.
``(f) Ineligibility.--An officer or employee of any
governmental entity who, while in the performance of his or
her official duties, furnishes information described in
subsection (b) shall not be eligible for a reward under this
section.
``(g) Reports.--(1) Not later than 30 days after the
payment of any reward under this section, the Secretary of
State shall submit a report to the appropriate congressional
committees with respect to such reward. The report, which may
be submitted on a classified basis if necessary, shall
specify the amount of the reward paid, to whom the reward was
paid, and the acts with respect to which the reward was paid.
The report shall also discuss the significance of the
information for which the reward was paid in dealing with
those acts.
``(2) Not later than 60 days after the end of each fiscal
year, the Secretary of State shall submit an annual report to
the appropriate congressional committees with respect to the
operation of the rewards program authorized by this section.
Such report shall provide information on the total amounts
expended during such fiscal year to carry out the purposes of
this section, including amounts spent to publicize the
availability of rewards. Such report shall also include
information on all requests for the payment of rewards under
this section, including the reasons for the denial of any
such requests.
``(h) Definitions.--As used in this section--
``(1) the term `appropriate congressional committees' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
``(2) the term `act of international terrorism' includes,
but is not limited to--
``(A) any act substantially contributing to the acquisition
of unsafeguarded special nuclear material (as defined in
section 830(8) of the Nuclear Proliferation Prevention Act of
1994) or any nuclear explosive device (as defined in section
830(4) of that Act) by an individual, group, or non-nuclear
weapon state (as defined in section 830(5) of that Act); and
``(B) any act, as determined by the Secretary of State,
which materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary instruments by
an individual, group, or country supporting international
terrorism as determined for purposes of section 6(j) of the
Export Administration Act of 1979;
``(3) the term `United States narcotics laws' means the
laws of the United States for the prevention and control of
illicit traffic in controlled substances (as such term is
defined for purposes of the Controlled Substances Act); and
``(4) the term `member of the immediate family' includes--
``(A) a spouse, parent, brother, sister, or child of the
individual;
``(B) a person to whom the individual stands in loco
parentis; and
``(C) any other person living in the individual's household
and related to the individual by blood or marriage.
``(i) Judicial Review.--A determination made by the
Secretary of State as to whether to authorize a reward under
this section or as to the amount of a reward shall not be
subject to judicial review.''.
(b) Sense of Congress.--It is the sense of the Congress
that the Secretary of State should pursue additional means of
funding the program established by section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708),
including the authority to seize and dispose of assets used
in the commission of any offense under sections 1028, 1541
through 1544, and 1546 of title 18, United States Code, and
to retain the proceeds derived from the disposition of such
assets; to participate in asset sharing programs conducted by
the Department of Justice; and to retain earnings accruing on
all assets of foreign countries blocked by the President
pursuant to the International Emergency Powers Act (50 U.S.C.
1701 and following) to carry out the purposes of section 36
of the State Department Basic Authorities Act of 1956.
SEC. 1202. BUYING POWER MAINTENANCE ACCOUNT.
Section 24(b)(7) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by striking
subparagraph (D).
SEC. 1203. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS
AND PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act, 1937 (49 Stat. 1321, 22 U.S.C. 2661, as
amended by section 142(b) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law
100-204)) is amended in the fifth undesignated paragraph
under the heading entitled ``international fisheries
commission'' by striking ``extraordinary''.
(b) Procurement of Services.--Section 38(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c))
is amended in the first sentence by inserting ``personal
and'' before ``other support services''.
SEC. 1204. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS
SUBJECT TO STATE ARREST WARRANTS IN CASES OF
NONPAYMENT OF CHILD SUPPORT.
The Secretary of State is authorized to refuse to issue a
passport or to revoke, restrict, or limit a passport in any
case in which the Secretary of State determines or is
informed by competent authority that the applicant or
passport holder is a noncustodial parent who is the subject
of an outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less
than $10,000.
SEC. 1205. TRAINING.
Section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021) is amended--
(1) by redesignating subsection (d)(4) as subsection (g);
and
(2) by inserting after subsection (d) the following new
subsections:
``(e)(1) The Secretary of State is authorized to provide
appropriate training through the institution to employees of
any United States company engaged in business abroad, and to
the families of such employees, when such training is in the
national interest of the United States.
``(2) In the case of any company under contract to provide
services to the Department of State, the Secretary of State
is authorized to provide job-related training to any company
employee who is performing such services.
``(3) Training under this subsection shall be on a
reimbursable or advance-of-funds basis. Such reimbursements
or advances shall be credited to the currently applicable
appropriation account.
``(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department and
of other agencies in the field of foreign relations.
``(f)(1) The Secretary of State is authorized to provide on
a reimbursable basis foreign language training programs to
Members of Congress and officers and employees of Congress.
``(2) Reimbursements under this subsection, to the extent
practicable, should be equivalent to the rate of
reimbursement charged other agencies of the United States
Government for comparable training.
``(3) Reimbursements collected under this subsection shall
be credited to the currently available applicable
appropriation account.
``(4) Training under this subsection is authorized only to
the extent that it will not interfere with the institution's
primary mission of training employees of the Department and
of other agencies in the field of foreign relations.''.
SEC. 1206. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting ``and upgrade'' after
``procurement'';
(2) in subsection (c), by striking ``are authorized to''
and inserting ``shall'';
[[Page 457]]
(3) in subsection (d), by striking all that follows
``available'' and inserting ``for the purposes of subsection
(a).''; and
(4) in subsection (e), by striking all that follows ``(22
U.S.C. 2710)'' before the period at the end.
SEC. 1207. LEASE-PURCHASE OF OVERSEAS PROPERTY.
(a) Authority for Lease-Purchase.--Subject to subsections
(b) and (c), the Secretary is authorized to acquire by lease-
purchase such properties as are described in subsection (b),
if--
(1) the Secretary of State, and
(2) the Director of the Office of Management and Budget,
certify and notify the appropriate committees of Congress
that the lease-purchase arrangement will result in a net cost
savings to the Federal Government when compared to a lease, a
direct purchase, or direct construction of comparable
property.
(b) Locations and Limitations.--The authority granted in
subsection (a) may be exercised only--
(1) to acquire appropriate housing for Department of State
personnel stationed abroad and for the acquisition of other
facilities, in locations in which the United States has a
diplomatic mission; and
(2) during fiscal years 1996 and 1997.
(c) Authorization of Funding.--Funds for lease-purchase
arrangements made pursuant to subsection (a) shall be
available from amounts appropriated under the authority of
section 1101(4) (relating to the ``Security and Maintenance
of United States Missions'' account). Such funds shall be
available only to such extent or in such amounts as are
provided in advance in an appropriation Act.
SEC. 1208. FEES FOR COMMERCIAL SERVICES.
Section 52 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2724) is amended in subsection (b) by adding
at the end the following: ``Such fees shall remain available
for obligation until expended. Deposited funds may be
obligated and expended only in such amounts as are provided
in advance in an appropriation Act.''.
SEC. 1209. REDUCTION OF REPORTING REQUIREMENTS.
Section 488(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291g) is amended by striking ``quarter of the''.
SEC. 1210. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following new section:
``SEC. 53. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
``The Secretary of State is authorized to charge a fee for
use of the Department of State diplomatic reception rooms.
Fees collected under the authority of this section shall be
deposited as an offsetting collection to any Department of
State appropriation to recover the costs of such use and
shall remain available for obligation until expended. Amounts
deposited may be obligated and expended only to the extent
and in such amounts as are provided in advance in an
appropriation Act.''.
SEC. 1211. INTERNATIONAL CENTER RESERVE FUNDS.
Section 5 of the International Center Act (Public Law 90-
533) is amended by inserting before the last sentence the
following: ``Amounts in the reserve may be deposited in
interest bearing accounts, and the Secretary may retain for
the purposes of the reserve any interest earned on such
deposits without returning such interest to the Treasury of
the United States.''.
SEC. 1212. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN
ENVIRONMENTAL, SCIENTIFIC, CULTURAL, AND
RELATED AREAS.
In order to promote the maximum benefits from continued
participation in international agreements in effect as of the
date of enactment of this Act for cooperation in
environmental, scientific, cultural, and related areas,
appropriated funds that have been made available in fiscal
year 1995 and prior fiscal years under the Department of
State's program of international environmental, scientific,
and cultural cooperation to joint funds or accounts under
such agreements may, to the extent specified within the
agreement, be deposited in interest bearing accounts prior to
disbursement of such funds for the purposes of the program.
Interest earned may be retained for use under such agreements
for program or administrative purposes, without returning
such interest to the Treasury of the United States. Such
retained interest amounts shall be available for obligation
and expenditure only to such extent and in such amounts as
are provided in advance in appropriation Acts.
SEC. 1213. EFFICIENCY IN PROCUREMENT.
(a) In General.--To the maximum extent practicable, United
States Government agencies performing functions at diplomatic
and consular posts abroad shall avoid duplicative acquisition
actions.
(b) Authority.--Notwithstanding any other provision of law,
a contract awarded in accordance with the Competition in
Contracting Act by an agency of the United States Government
performing functions at diplomatic and consular posts abroad
may be amended without competition to permit other such
United States Government agencies to obtain goods or services
under such contract, if unit prices are not increased as a
result of any such amendment.
SEC. 1214. CONCERNING THE USE OF FUNDS TO FURTHER NORMALIZE
RELATIONS WITH VIETNAM.
None of the funds authorized to be appropriated or
otherwise made available by this Act may be obligated or
expended to pay for any cost incurred for (1) opening or
operating any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was not operating on
July 11, 1995; (2) expanding any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was
operating on July 11, 1995; or (3) increasing the total
number of personnel assigned to United States diplomatic or
consular posts in the Socialist Republic of Vietnam above the
levels existing on July 11, 1995, unless not less than 60
days prior to any such obligation or expenditure the
President certifies to the Congress that based upon all
information available to the United States Government that
the Government of the Socialist Republic of Vietnam is fully
cooperating with the United States in the following 4 areas:
(A) Resolving discrepancy cases, live sightings, and field
activities.
(B) Recovering and repatriating American remains.
(C) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of POW/MIA's.
(D) Providing further assistance in implementing trilateral
investigations with Laos.
SEC. 1215. DIPLOMATIC TELECOMMUNICATIONS SERVICE.
Section 507 of the Department of State and Related Agencies
Appropriations Act, 1995 (Public Law 103-317) is amended in
subsections (a) and (b) by striking ``and each succeeding
fiscal year'' each place it appears.
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 1231. FEES FOR MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) For fiscal years 1996 and 1997, not more than
$150,000,000 in fees collected under the authority of
paragraph (1) for each fiscal year shall be deposited as an
offsetting collection to any Department of State
appropriation to recover the costs of the Department of
State's border security program, including the costs of--
``(A) installation and operation of the machine readable
visa and automated name-check process;
``(B) improving the quality and security of the United
States passport;
``(C) passport and visa fraud investigations; and
``(D) the technological infrastructure to support and
operate the programs referred to in subparagraphs (A) through
(C).
Such fees shall remain available for obligation until
expended.
``(3) For any fiscal year, fees collected under the
authority of paragraph (1) in excess of the amount specified
for such fiscal year under paragraph (2) shall be deposited
in the general fund of the Treasury as miscellaneous
receipts.''; and
(2) by striking paragraph (5).
SEC. 1232. FINGERPRINT CHECK REQUIREMENT.
Section 140(e)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C.
1182 note) as amended by section 505 of the Department of
State and Related Agencies Appropriation Act, Fiscal Year
1995 (Public Law 103-317) is amended to read as follows:
``(1) The Secretary of State shall in the 10 countries with
the highest volume of immigrant visa issuance for the most
recent fiscal year for which data are available require
applicants for immigrant visas to provide a fingerprint
record for submission with the application, at no cost to the
Department of State, if such an applicant--
``(A) has been determined to have a criminal history record
under subsection (d)(1);
``(B) has been physically present in the United States; and
``(C) is more than 16 years of age.
The Department of State shall submit such fingerprint records
to the Federal Bureau of Investigation for analysis to
determine whether the applicant has been convicted of a
felony under State or Federal law in the United States.''.
SEC. 1233. USE OF CERTAIN PASSPORT PROCESSING FEES FOR
ENHANCED PASSPORT SERVICES.
For each of the fiscal years 1996 and 1997, of the fees
collected for expedited passport processing and deposited to
an offsetting collection pursuant to the Department of State
and Related Agencies Appropriations Act for Fiscal Year 1995
(Public Law 103-317; 22 U.S.C. 214), 10 percent shall be
available only for enhancing passport services for United
States citizens, improving the integrity and efficiency of
the passport issuance process, improving the secure nature of
the United States passport, investigating passport fraud, and
preventing entry into the United States by terrorists, drug
traffickers, or other criminals.
SEC. 1234. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.--
Section 33 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding
at the end the following: ``For purposes of this paragraph, a
consular officer
[[Page 458]]
shall include any United States citizen employee of the
Department of State designated by the Secretary of State to
adjudicate nationality abroad pursuant to such regulations as
the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 31
of the Act of August 18, 1856 (Rev. Stat. 1689; 22 U.S.C.
4191), is amended by inserting after ``such officers'' the
following: ``and to such other United States citizen
employees of the Department of State as may be designated by
the Secretary of State pursuant to such regulations as the
Secretary may prescribe''.
(c) Persons Authorized To Authenticate Foreign Documents.--
Section 3492(c) of title 18 of the United States Code is
amended by adding at the end the following: ``For purposes of
this section and sections 3493 through 3496 of this title, a
consular officer shall include any United States citizen
employee of the Department of State designated to perform
notarial functions pursuant to section 24 of the Act of
August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of
title 35 of the United States Code is amended by adding at
the end the following: ``For purposes of this section, a
consular officer shall include any United States citizen
employee of the Department of State designated to perform
notarial functions pursuant to section 24 of the Act of
August 18, 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).''.
(e) Definition of Consular Officer.--Section 101(a)(9) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is
amended by adding at the end the following new sentence: ``As
used in title III, the term ``consular officer'' includes any
United States citizen employee of the Department of State
designated by the Secretary of State to adjudicate
nationality abroad pursuant to such regulations as the
Secretary may prescribe.''.
SEC. 1235. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by
each alien who applies for an immigrant visa on the basis of
an approved petition filed under section 204(a)(1)(G) of the
Immigration and Nationality Act. Such fee may be set at a
level so as to recover the full cost to the Department of
State of administering subsection (c) of section 203 of the
Immigration and Nationality Act, including the cost of
processing all petitions thereunder. All such fees collected
shall be deposited as an offsetting collection to any
Department of State appropriation and shall remain available
for obligation until expended. The provisions of the Act of
August 18, 1856 (Rev. Stat. 1726-28; 22 U.S.C. 4212-14),
concerning accounting for consular fees, shall not apply to
fees collected pursuant to this section. Amounts deposited
shall be available for obligation and expenditure only in
such amounts as are provided in advance in appropriation
Acts.
SEC. 1236. FEE FOR EXECUTION OF PASSPORT APPLICATIONS.
Section 1 of the Act of June 4, 1920 (41 Stat. 750; 22
U.S.C. 214) is amended by--
(1) inserting before the period at the end of the first
sentence the following: ``; except that the Secretary of
State may by regulation authorize State officials or the
United States Postal Service to collect and retain the
execution fee for each application for a passport accepted by
such officials or by that Service''; and
(2) striking the second sentence.
SEC. 1237. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP IN
A TERRORIST ORGANIZATION.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (i)(I);
(2) by inserting ``or'' at the end of clause (i)(II);
(3) by inserting after clause (i)(II) the following new
subclause:
``(III) is a member of a terrorist organization or who
actively supports or advocates terrorist activity,''; and
(4) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As used in this
subparagraph, the term `terrorist organization' means an
organization that engages in, or has engaged in, terrorist
activity as determined by the Attorney General, in
consultation with the Secretary of State.''.
SEC. 1238. TERRORIST LOOKOUT COMMITTEES.
(a) Establishment.--
(1) Not later than 30 days after the date of enactment of
this Act, the Secretary of State shall establish within each
United States Embassy a Terrorist Lookout Committee, which
shall include the head of the political section and senior
representatives of all United States law enforcement agencies
and all elements of the intelligence community under the
authority of the chief of mission.
(2) Each Committee shall be chaired by the respective
deputy chief of mission, with the head of the consular
section as vice chair.
(b) Meetings.--Each Terrorist Lookout Committee established
under subsection (a) shall meet at least monthly and shall
maintain records of its meetings. Upon the completion of each
meeting, each Committee shall report to the Department of
State all names submitted for inclusion in the visa lookout
system.
(c) Reports.--
(1) The Secretary of State shall submit a report to the
appropriate congressional committees within 90 days after the
date of the enactment of this Act on the status of
establishing Terrorist Lookout Committees under this section
and evaluating interagency cooperation in the process.
(2) Not later than April 1, 1997, the Secretary of State
shall submit a follow-up report to the appropriate
congressional committees detailing progress on submitting
names for inclusion in the visa lookout system and evaluating
cooperation among agencies and embassy sections in
maintaining lists of such names.
SEC. 1239. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE
UNITED STATES.
(a) In General.--Section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by
this Act, is further amended--
(1) by striking ``or'' at the end of clause (i)(II);
(2) in clause (i)(III) by inserting ``or'' at the end; and
(3) by inserting after clause (i)(III) the following new
subclause:
``(IV) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorism,
engaged in targeted racial vilification, or advocated the
overthrow of the United States Government or death or serious
bodily harm to any United States citizen or United States
Government official,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to aliens seeking to enter the United States on
or after the date of enactment of this Act.
CHAPTER 3--REFUGEES AND MIGRATION
SEC. 1251. REPORT TO CONGRESS CONCERNING CUBAN EMIGRATION
POLICIES.
Beginning 3 months after the date of the enactment of this
Act and every subsequent 6 months, the President shall submit
a report to the appropriate congressional committees
concerning the methods employed by the Government of Cuba to
enforce the United States-Cuba agreement of September 1994 to
restrict the emigration of the Cuban people from Cuba to the
United States, and the treatment by the Government of Cuba of
persons who have been returned to Cuba pursuant to the United
States-Cuba agreement of May 1995. Each report transmitted
pursuant to this section shall include a detailed account of
United States efforts to monitor such enforcement and
treatment.
SEC. 1252. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.
The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1, 1996''
each place it appears and inserting ``October 1, 1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.
SEC. 1253. UNITED STATES POLICY REGARDING THE INVOLUNTARY
RETURN OF REFUGEES.
(a) In General.--No funds authorized to be appropriated by
section 1104 of this Act or by section 2(c) of the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall
be available to effect the involuntary return of any person
to a country in which the person has a well founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political
opinion.
(b) Involuntary Return Defined.--As used in this section,
the term ``effect the involuntary return'' means to take
action by which it is reasonably foreseeable that a person
will be required to return to a country against the person's
will, regardless of whether such return is induced by
physical force and regardless of whether the person is
physically present in the United States.
SEC. 1254. REPORT ON IRAQI REFUGEES.
(a) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
describing in detail the procedures for determining
eligibility for resettlement of Iraqi nationals from Saudi
Arabia and Turkey to the United States.
(b) Report.--The report under subsection (a) shall include
the following:
(1) The history of the United States resettlement program
for Iraqi refugees, including the number of such refugees
resettled in the United States and in other countries during
each year since fiscal year 1991, as well as activities of
the United States Government, other governments, and
international organizations with respect to temporary
protection for Iraqi refugees in Saudi Arabia, Turkey, and
other countries.
(2) An evaluation and explanation of the continuing need
for the program, including an evaluation of the prospects for
future resettlement of Iraqi refugees in countries other than
the United States and the impact of United States activities
on resettlement commitments by such countries and on the
actions of countries providing temporary protection.
(3) A detailed analysis of the basis for claims of
persecution of Iraqi refugees approved for resettlement in
the United States.
(4) A detailed description and evaluation of procedures
employed by United States personnel to ensure the denial of
fraudulent applications and the application of all grounds of
exclusion provided by United States law.
(5) A detailed description of the acculturation program for
Iraqi refugees selected for
[[Page 459]]
admission to the United States, with particular reference to
any differences between this program and similar programs for
other refugees, and an evaluation of the continuing need for
such program and for improvements therein.
SEC. 1255. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.
Section 101(a)(42) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(42)) is amended by adding at the end the
following: ``For purposes of determinations under this Act, a
person who has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted for
failure or refusal to undergo such a procedure or for other
resistance to a coercive population control program, shall be
deemed to have been persecuted on account of political
opinion, and a person who has a well founded fear that he or
she will be forced to undergo such a procedure or subjected
to persecution for such failure, refusal, or resistance shall
be deemed to have a well founded fear of persecution on
account of political opinion.''.
SEC. 1256. UNITED STATES POLICY WITH RESPECT TO THE
INVOLUNTARY RETURN OF PERSONS IN DANGER OF
SUBJECTION TO TORTURE.
(a) In General.--No funds authorized to be appropriated by
this Act, or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)), shall be
available to expel, extradite, or otherwise effect the
involuntary return of any person to a country in which there
are substantial grounds for believing the person would be in
danger of being subjected to torture.
(b) Definitions.--
(1) In general.--Except as otherwise provided, terms used
in this section have the meanings assigned under the United
Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, subject to any
reservations, understandings, declarations and provisos
contained in the United States resolution of advice and
consent to ratification to such Convention.
(2) Involuntary return.--As used in this section, the term
``effect the involuntary return'' means to take action by
which it is reasonably foreseeable that a person will be
required to return to a country against the person's will,
regardless of whether such return is induced by physical
force and regardless of whether the person is physically
present in the United States.
TITLE XIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 1301. COORDINATOR FOR COUNTERTERRORISM.
(a) Establishment.--Section 1(f) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(f)) (as
amended by section 213 of this Act) is amended--
(1) by striking ``In'' and inserting the following:
``(1) In''; and
(2) by inserting at the end the following:
``(2) Coordinator for counterterrorism.--
``(A) There shall be within the office of the Secretary of
State a Coordinator for Counterterrorism (hereafter in this
paragraph referred to as the `Coordinator') who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(B)(i) The Coordinator shall perform such duties and
exercise such power as the Secretary of State shall
prescribe.
``(ii) The principal duty of the Coordinator shall be the
overall supervision (including policy oversight of resources)
of international counterterrorism activities. The Coordinator
shall be the principal advisor to the Secretary of State on
international counterterrorism matters. The Coordinator shall
be the principal counterterrorism official within the senior
management of the Department of State and shall report
directly to the Secretary of State.
``(C) The Coordinator shall have the rank and status of
Ambassador-at-Large. The Coordinator shall be compensated at
the annual rate of basic pay in effect for a position at
level IV of the Executive Schedule under section 5314 of
title 5, United States Code, or, if the Coordinator is
appointed from the Foreign Service, the annual rate of pay
which the individual last received under the Foreign Service
Schedule, whichever is greater.''.
(b) Technical and Conforming Amendments.--Section 161 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended by striking
subsection (e).
(c) Transition Provision.--The individual serving as
Coordinator for Counterterrorism of the Department of State
on the day before the effective date of this division may
continue to serve in that position.
SEC. 1302. AUTHORITY OF UNITED STATES PERMANENT
REPRESENTATIVE TO THE UNITED NATIONS.
Section 2(a) of the United Nations Participation Act of
1945 (22 U.S.C. 287(a)) is amended by striking ``hold office
at the pleasure of the President'' and inserting ``serve at
the pleasure of the President and subject to the direction of
the Secretary of State''.
SEC. 1303. SPECIAL ENVOY FOR TIBET.
(a) United States Special Envoy for Tibet.--The President
should appoint within the Department of State a United States
Special Envoy for Tibet, who shall hold office at the
pleasure of the President.
(b) Rank.--A United States Special Envoy for Tibet
appointed under subsection (a) shall have the personal rank
of ambassador and shall be appointed by and with the advice
and consent of the Senate.
(c) Special Functions.--The United States Special Envoy for
Tibet should be authorized and encouraged--
(1) to promote substantive negotiations between the Dalai
Lama or his representatives and senior members of the
Government of the People's Republic of China;
(2) to promote good relations between the Dalai Lama and
his representatives and the United States Government,
including meeting with members or representatives of the
Tibetan government-in-exile; and
(3) to travel regularly throughout Tibet and Tibetan
refugee settlements.
(d) Duties and Responsibilities.--The United States Special
Envoy for Tibet should--
(1) consult with the Congress on policies relevant to Tibet
and the future and welfare of all Tibetan people;
(2) coordinate United States Government policies, programs,
and projects concerning Tibet; and
(3) report to the Secretary of State regarding the matters
described in section 536(a)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236).
SEC. 1304. RESPONSIBILITIES OF BUREAU CHARGED WITH MIGRATION
AND REFUGEE ASSISTANCE.
The Bureau of Migration and Refugee Assistance shall be the
bureau within the Department of State with principal
responsibility for assisting the Secretary in carrying out
the Migration and Refugee Assistance Act of 1962 and shall
not be charged with responsibility for assisting the
Secretary in matters relating to family planning or
population policy.
SEC. 1305. ELIMINATION OF STATUTORY ESTABLISHMENT OF CERTAIN
POSITIONS OF THE DEPARTMENT OF STATE.
(a) Assistant Secretary of State for South Asian Affairs.--
Section 122 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is repealed.
(b) Deputy Assistant Secretary of State for
Burdensharing.--Section 161 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
2651a note) is amended by striking subsection (f).
(c) Assistant Secretary for Oceans and International
Environmental and Scientific Affairs.--Section 9 of the
Department of State Appropriations Authorization Act of 1973
(22 U.S.C. 2655a) is repealed.
SEC. 1306. MANAGEMENT OF THE HUMAN RESOURCES OF THE
DEPARTMENT OF STATE.
(a) Position.--Either the head or next most senior person
of the bureau or office within the Department of State with
principal responsibility for management of human resources
and personnel policies of the Department shall have
substantial professional qualifications in the field of human
resource policy and management.
(b) Definition.--For purposes of this section, the term
``substantial professional qualifications in the field of
human resources policy and management'' means in excess of 15
years experience as a human resources management professional
of which at least 5 years shall have been gained in the
private sector or in government service outside the Foreign
Service.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 1351. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.
(a) End Fiscal Year 1996 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1996--
(1) for the Department of State, shall not exceed 9,000, of
whom not more than 660 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, shall not
exceed 1,150, of whom not more than 160 shall be members of
the Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,800, of whom not more than 225 shall be members of
the Senior Foreign Service.
(b) End Fiscal Year 1997 Levels.--The number of members of
the Foreign Service authorized to be employed as of September
30, 1997--
(1) for the Department of State, shall not exceed 8,800, of
whom not more than 660 shall be members of the Senior Foreign
Service;
(2) for the United States Information Agency, not to exceed
1,100 of whom not more than 160 shall be members of the
Senior Foreign Service; and
(3) for the Agency for International Development, not to
exceed 1,775 of whom not more than 225 shall be members of
the Senior Foreign Service.
(c) Definition.--For the purposes of this section, the term
``members of the Foreign Service'' is used within the meaning
of such term under section 103 of the Foreign Service Act of
1980 (22 U.S.C 3903), except that such term does not
include--
(1) members of the Service under paragraphs (6) and (7) of
such section;
(2) members of the Service serving under temporary resident
appointments abroad;
(3) members of the Service employed on less than a full-
time basis;
(4) members of the Service subject to involuntary
separation in cases in which such
[[Page 460]]
separation has been suspended pursuant to section 1106(8) of
the Foreign Service Act of 1980; and
(5) members of the Service serving under non-career limited
appointments.
(d) Waiver Authority.--(1) Subject to paragraph (2), the
President may waive any limitation under subsection (a) or
(b) to the extent that such waiver is necessary to carry on
the foreign affairs functions of the United States.
(2) Not less than 15 days before the President exercises a
waiver under paragraph (1), such agency head shall notify the
Chairman of the Committee on Foreign Relations of the Senate
and the Chairman of the Committee on International Relations
of the House of Representatives of the President's intention
to exercise the waiver authority. Such notice shall include
an explanation of the circumstances and necessity for such
waiver.
SEC. 1352. RESTRICTION ON LOBBYING ACTIVITIES OF FORMER
UNITED STATES CHIEFS OF MISSION.
Section 207(d)(1) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) in subparagraph (C), by inserting ``or'' after ``title
3,''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) serves in the position of chief of mission (as
defined in section 102(3) of the Foreign Service Act of
1980),''.
SEC. 1353. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22
U.S.C. 4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and
paragraph (1)(B), the term `management official' does not
include chiefs of mission, principal officers or their
deputies, administrative and personnel officers abroad, or
individuals described in section 1002(12) (B), (C), and (D)
who are not involved in the administration of this chapter or
in the formulation of the personnel policies and programs of
the Department.''.
SEC. 1354. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth
sentence the following new sentence: ``For employees serving
outside the United States in areas where Sunday is a routine
workday and another day of the week is officially recognized
as the day of rest and worship, the Secretary of State may
designate the officially recognized day of rest and worship
as the day with respect to which additional pay is authorized
by the preceding sentence.''; and
(2) at the end of section 5546(a), by adding the following
new sentence: ``For employees serving outside the United
States in areas where Sunday is a routine workday and another
day of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the
officially recognized day of rest and worship as the day with
respect to which additional pay is authorized by the
preceding sentence.''.
SEC. 1355. RECOVERY OF COSTS OF HEALTH CARE SERVICES.
(a) Authorities.--Section 904 of the Foreign Service Act of
1980 (22 U.S.C. 4084) is amended--
(1) in subsection (a)--
(A) by striking ``and'' before ``members of the families of
such members and employees''; and
(B) by inserting immediately before the period ``, and for
care provided abroad) such other persons as are designated by
the Secretary of State, except that such persons shall be
considered persons other than covered beneficiaries for
purposes of subsections (g) and (h)'';
(2) in subsection (d), by inserting ``, subject to the
provisions of subsections (g) and (h)'' after ``treatment'';
and
(3) by adding the following new subsections:
``(g)(1) In the case of a person who is a covered
beneficiary, the Secretary of State is authorized to collect
from a third-party payer the reasonable costs incurred by the
Department of State on behalf of such person for health care
services to the same extent that the covered beneficiary
would be eligible to receive reimbursement or indemnification
from the third-party payer for such costs.
``(2) If the insurance policy, plan, contract, or similar
agreement of that third-party payer includes a requirement
for a deductible or copayment by the beneficiary of the plan,
then the Secretary of State may collect from the third-party
payer only the reasonable costs of the care provided less the
deductible or copayment amount.
``(3) A covered beneficiary shall not be required to pay
any deductible or copayment for health care services under
this subsection.
``(4) No provision of any insurance, medical service, or
health plan contract or agreement having the effect of
excluding from coverage or limiting payment of charges for
care in the following circumstances shall operate to prevent
collection by the Secretary of State under paragraph (1)
for--
``(A) care provided directly or indirectly by a
governmental entity;
``(B) care provided to an individual who has not paid a
required deductible or copayment; or
``(C) care provided by a provider with which the third-
party payer has no participation agreement.
``(5) No law of any State, or of any political subdivision
of a State, and no provision of any contract or agreement
shall operate to prevent or hinder recovery or collection by
the United States under this section.
``(6) As to the authority provided in paragraph (1) of this
subsection--
``(A) the United States shall be subrogated to any right or
claim that the covered beneficiary may have against a third-
party payer;
``(B) the United States may institute and prosecute legal
proceedings against a third-party payer to enforce a right of
the United States under this subsection; and
``(C) the Secretary may compromise, settle, or waive a
claim of the United States under this subsection.
``(7) The Secretary shall prescribe regulations for the
administration of this subsection and subsection (h). Such
regulations shall provide for computation of the reasonable
cost of health care services.
``(8) Regulations prescribed under this subsection shall
provide that medical records of a covered beneficiary
receiving health care under this subsection shall be made
available for inspection and review by representatives of the
payer from which collection by the United States is sought
for the sole purpose of permitting the third party to
verify--
``(A) that the care or services for which recovery or
collection is sought were furnished to the covered
beneficiary; and
``(B) that the provisions of such care or services to the
covered beneficiary meets criteria generally applicable under
the health plan contract involved, except that this paragraph
shall be subject to the provisions of paragraphs (2) and (4).
``(9) Amounts collected under this subsection or under
subsection (h) from a third-party payer or from any other
payer shall be deposited as an offsetting collection to any
Department of State appropriation and shall remain available
until expended. Amounts deposited shall be obligated and
expended only to the extent and in such amounts as are
provided in advance in an appropriation Act.
``(10) For purposes of this section--
``(A) the term `covered beneficiary' means an individual
eligible to receive health care under this section whose
health care costs are to be paid by a third-party payer under
a contractual agreement with such payer;
``(B) the term `services', as used in `health care
services' includes products; and
``(C) the term `third-party payer' means an entity that
provides a fee-for-service insurance policy, contract, or
similar agreement through the Federal Employees Health
Benefit program, under which the expenses of health care
services for individuals are paid.
``(h) In the case of a person, other than a covered
beneficiary, who receives health care services pursuant to
this section, the Secretary of State is authorized to collect
from such person the reasonable costs of health care services
incurred by the Department of State on behalf of such person.
The United States shall have the same rights against persons
subject to the provisions of this subsection as against
third-party payers covered by subsection (g).''.
(b) Effective Date.--Subsection (a) shall take effect
October 1, 1996.
SEC. 1356. REPORT ON PROMOTION AND RETENTION OF PERSONNEL.
Section 601(c)(4) of the Foreign Service Act of 1980 (22
U.S.C. 4001(c)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) include on a biennual basis the comments of the
Inspector General for Foreign Affairs with respect to the
adequacy of the reports on the matters described in this
paragraph.''.
SEC. 1357. FOREIGN SERVICE REFORM.
(a) Appointments by the President.--Section 302(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3942(b)) is amended in
the second sentence--
(1) by striking ``may elect to'' and inserting ``shall'';
and
(2) by striking ``Service,'' and all that follows and
inserting ``Service.''.
(b) Performance Pay.--Section 405 of the Foreign Service
Act of 1980 (22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking ``Members'' and
inserting ``Subject to subsection (e), members''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the
Secretary of State may provide for recognition of the
meritorious or distinguished service of a member of the
Foreign Service described in subsection (a) (including
members of the Senior Foreign Service) by means other than an
award of performance pay in lieu of making such an award
under this section.''.
(c) Expedited Separation Out.--Not later than 90 days after
the date of enactment of this Act, the Secretary of State
shall develop and implement procedures to identify, and
recommend for separation, members of the Foreign Service
ranked by promotion boards in the bottom five percent of
their class for any two of the five preceding years.
[[Page 461]]
TITLE XIV--UNITED STATES PUBLIC DIPLOMACY: AUTHORITIES AND ACTIVITIES
FOR UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
SEC. 1401. AVAILABILITY OF VOICE OF AMERICA AND RADIO MARTI
MULTILINGUAL COMPUTER READABLE TEXT AND VOICE
RECORDINGS.
(a) In General.--Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 1461-1a) and the second sentence of section 501 of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1461), the Director of the United States
Information Agency is authorized to make available, upon
request, to the Linguistic Data Consortium of the University
of Pennsylvania computer readable multilingual text and
recorded speech in various languages. The Consortium shall,
directly or indirectly as appropriate, reimburse the Director
for any expenses involved in making such materials available.
(b) Termination.--Subsection (a) shall cease to have effect
5 years after the date of the enactment of this Act.
SEC. 1402. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE
BETWEEN NORTH AND SOUTH.
Section 208(e) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2075(e)) is amended by
striking ``$10,000,000'' and inserting ``$4,000,000''.
SEC. 1403. EXPANSION OF MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (a), by striking ``Soviet Union,
Lithuania, Latvia, and Estonia'' and inserting ``former
Soviet Union, Lithuania, Latvia, Estonia, Albania, Bulgaria,
Croatia, Czech Republic, Hungary, Poland, Romania, Slovenia,
and the Former Yugoslav Republic of Macedonia'';
(2) in subsection (c)(5), by striking ``law,'' in the first
sentence and all that follows through the end of paragraph
(5) and inserting ``journalism, law, library and information
science, public administration, and public policy.'';
(3) in subsection (b), by striking ``Soviet Union,
Lithuania, Latvia, and Estonia'' and inserting ``countries
specified in subsection (a)'';
(4) in subsection (c)(11), by striking ``Soviet republics,
Lithuania, Latvia, and Estonia'' and inserting ``countries
specified in subsection (a)''; and
(5) in the section heading, by striking ``THE SOVIET UNION,
LITHUANIA, LATVIA, AND ESTONIA'' and inserting ``CERTAIN
EURASIAN COUNTRIES''.
SEC. 1404. MANSFIELD FELLOWSHIP PROGRAM REQUIREMENTS.
Section 253(4)(B) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6102(4)(B)) is
amended by striking ``certain'' and inserting the following:
``, under criteria established by the Mansfield Center for
Pacific Affairs, certain allowances and benefits not to
exceed the amount of equivalent''.
SEC. 1405. PILOT PROGRAM ON ADVERTISING ON USIA TELEVISION
AND RADIO BROADCASTS.
(a) In General.--(1) The Director of the United States
Information Agency shall carry out a pilot program to
determine the feasibility and advisability of permitting
advertisements on the television broadcasts and radio
broadcasts of the USIA , including broadcasts of the Voice of
America, Radio Marti/TV Marti, Worldnet, Radio Free Europe/
Radio Liberty, and Radio Free Asia.
(2) The Director shall commence carrying out the pilot
program not later than 90 days after the date of the
transmittal to Congress of the plan required under subsection
(b).
(3) The Director shall carry out the pilot program for 12
months.
(b) Program Plan.--(1) Not later than 120 days after the
date of the enactment of this Act, the Director shall prepare
and transmit to Congress a plan for carrying out the pilot
program required under subsection (a).
(2) In preparing the plan, the Director shall solicit and
take into account the comments of other broadcasting entities
funded by the United States Government on the experiences of
and advantages and disadvantages to public television and
radio broadcast stations of permitting advertisements on the
broadcasts of such stations.
(c) Treatment of Revenues.--Notwithstanding any other
provision of law, the Director may use any revenues received
by the USIA under the pilot program to pay for the cost of
the radio and television broadcasting activities of the USIA.
Such funds shall be available for that purpose without fiscal
year limitation.
(d) Program Report.--Not later than 60 days after the date
of the completion of the pilot program, the Director shall
submit to Congress a report on the pilot program. The report
shall include the following:
(1) A description of the pilot program, including the
number and type of advertisements aired under the pilot
program and the revenues received as a result of the
advertisements.
(2) An estimate of the number and type of advertisements
that would be carried on the television broadcasts and radio
broadcasts of the USIA on an annual basis after the
completion of the pilot program if the USIA were authorized
to continue to carry such advertisements, and the revenues
that the USIA would receive as a result of carrying such
advertisements.
(3) An assessment of the feasibility and advisability of
permitting advertisements on the television broadcasts and
radio broadcasts of the USIA, including a discussion of the
advisability of permitting such advertisements by--
(A) United States entities;
(B) foreign governments;
(C) foreign individuals or entities; and
(D) a combination of such entities, governments, and
individuals.
(e) Regulations.--The Director may prescribe regulations to
carry out the pilot program.
SEC. 1406. CHANGES IN ADMINISTRATIVE AUTHORITIES.
(a) Contract Authority for Voice of America Radio
Facility.--Section 235 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is
amended by inserting ``Tinian,'' after ``Sao Tome,''.
(b) Availability of Appropriations.--Section 701(f)(4) of
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1476(f)) is amended by striking ``September
30, 1995'' and inserting ``March 1, 1997''.
(c) Technical Correction.--Section 314(2)(B) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 6213(2)(B)) is amended by striking ``section 307(e)''
and inserting ``section 308(d)''.
(d) Radio Broadcasting to Cuba.--Section 4 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465b) is amended by
striking ``Director of the Voice of America'' and inserting
``Director of the International Broadcasting Bureau''.
(e) Television Broadcasting to Cuba.--Section 244(a) of the
Television Broadcasting to Cuba Act (22 U.S.C. 1465cc(a)) is
amended in the third sentence by striking ``Voice of
America'' and inserting ``International Broadcasting
Bureau''.
(f) International Broadcasting Bureau.--Section 307 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236) is amended by adding at the end the
following new subsection:
``(c) Consolidation of Engineering Function.--For the
purpose of achieving economies and eliminating duplication,
the Director of the United States Information Agency is
authorized to appoint, during 1996, up to 5 otherwise
qualified United States citizens employed in the Office of
the Vice President for Engineering and Technical Operations
of RFE/RL, Incorporated, to the competitive service or the
career Foreign Service of the United States Information
Agency in accordance with the provisions of title 5 of the
United States Code, and without regard to section 301(b) or
306 of the Foreign Service Act of 1980, governing
appointments in the Foreign Service. Prior service with RFE/
RL, Incorporated, by an individual appointed under this
subsection shall be credited in determining the length of
service of the individual for reduction in force purposes and
toward establishing the career tenure of the individual.''.
(g) Use of Fees From Educational Advising.--Section 810 of
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1475e) is amended by inserting ``,
educational advising,'' after ``English-teaching''.
SEC. 1407. RETENTION OF INTEREST.
Notwithstanding any other provision of law, with the
approval of the National Endowment for Democracy, grant funds
made available by the National Endowment for Democracy may be
deposited in interest-bearing accounts pending disbursement
and any interest which accrues may be retained by the grantee
and used for the purposes for which the grant was made.
SEC. 1408. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.
In carrying out programs of educational and cultural
exchange in countries whose people do not fully enjoy freedom
and democracy (including but not limited to China, Vietnam,
Cambodia, Tibet, and Burma), the Director of the United
States Information Agency shall take appropriate steps to
provide opportunities for participation in such programs to
human rights and democracy leaders of such countries.
SEC. 1409. EXTENSION OF AU PAIR PROGRAMS.
(a) Repeal.--Section 581 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996
(Public Law 104-107) is repealed.
(b) Authority for Au Pair Programs.--The Director of the
United States Information Agency is authorized to continue to
administer an au pair program, operating on a world-wide
basis, through fiscal year 1999.
(c) Report.--Not later than October 1, 1998, the Director
of the United States Information Agency shall submit a report
regarding the continued extension of au pair programs to the
appropriate congressional committees. This report shall
specifically detail the compliance of all au pair
organizations with regulations governing au pair programs as
published on February 15, 1995.
SEC. 1410. EDUCATIONAL AND CULTURAL EXCHANGES AND
SCHOLARSHIPS FOR TIBETANS AND BURMESE.
(a) Establishment of Educational and Cultural Exchange for
Tibetans.--The Director of the United States Information
Agency shall establish programs of educational and cultural
exchange between the United States and the people of Tibet.
Such programs shall include opportunities for training and,
as the Director considers appropriate, may include the
assignment of personnel and resources abroad.
[[Page 462]]
(b) Scholarships for Tibetans and Burmese.--
(1) For each of the fiscal years 1996 and 1997, at least 30
scholarships shall be made available to Tibetan students and
professionals who are outside Tibet, and at least 15
scholarships shall be made available to Burmese students and
professionals who are outside Burma.
(2) Waiver.--Paragraph (1) shall not apply to the extent
that the Director of the United States Information Agency
determines that there are not enough qualified students to
fulfill such allocation requirement.
(3) Scholarship defined.--For the purposes of this section,
the term ``scholarship'' means an amount to be used for full
or partial support of tuition and fees to attend an
educational institution, and may include fees, books, and
supplies, equipment required for courses at an educational
institution, living expenses at a United States educational
institution, and travel expenses to and from, and within, the
United States.
SEC. 1411. INITIATION OF BROADCASTS BY RADIO FREE ASIA.
Section 309 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6208) is amended by adding at the end
the following new subsection:
``(j) Not later than 180 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 1996 and 1997, Radio Free Asia shall initiate regular
broadcasts to the People's Republic of China, Burma,
Cambodia, Laos, North Korea, Tibet, and Vietnam. Such
broadcasts shall be conducted under the name `Radio Free
Asia' and shall provide accurate and timely information,
news, and commentary about events in the respective countries
of Asia and elsewhere, and shall be a forum for a variety of
opinions and voices from within Asian nations whose people do
not fully enjoy freedom of expression.''.
SEC. 1412. DISTRIBUTION WITHIN THE UNITED STATES OF THE
UNITED STATES INFORMATION AGENCY FILM ENTITLED
``THE FRAGILE RING OF LIFE''.
Notwithstanding section 208 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C.
1461-1(a)) and the second sentence of section 501 of the
United States Information and Education Act of 1948 (22
U.S.C. 1461), the Director of the United States Information
Agency may make available for distribution within the United
States the documentary entitled ``The Fragile Ring of Life'',
a film about coral reefs around the world.
TITLE XV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
CHAPTER 1--GENERAL PROVISIONS
SEC. 1501. TERMINATION OF UNITED STATES PARTICIPATION IN
CERTAIN INTERNATIONAL ORGANIZATIONS.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this Act or any other
provision of law may be used for payment of United States
membership in any of the following organizations:
(1) The United Nations Industrial Development Organization.
(2) Pan American Railway Congress Association.
(3) The International Cotton Advisory Committee.
(4) The World Tourism Organization.
(5) The Inter-American Indian Institute.
(6) International Tropical Timber Organization.
(b) Expenses Pending Termination of United States
Membership.--Notwithstanding the requirements of subsection
(a), funds authorized to be appropriated under this Act, to
the extent required under any treaty to which the United
States is a party, may be used to make payments to the
organizations identified in subsection (a) during the period
beginning on the date that the United States gives notice
pursuant to such treaty of the intent to terminate United
States membership in the organization as promptly as
permitted by such treaty and ending on the date that the
termination of United States membership takes effect.
SEC. 1502. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
The Act of May 13, 1924 (49 Stat. 660, 22 U.S.C. 277-277f),
is amended in section 3 (22 U.S.C. 277b) by adding at the end
the following new subsection:
``(d) Pursuant to the authority of subsection (a) and in
order to facilitate further compliance with the terms of the
Convention for Equitable Distribution of the Waters of the
Rio Grande, May 21, 1906, United States-Mexico, the Secretary
of State, acting through the United States Commissioner of
the International Boundary and Water Commission, may make
improvements to the Rio Grande Canalization Project,
originally authorized by the Act of August 29, 1935 (49 Stat.
961). Such improvements may include all such works as may be
needed to stabilize the Rio Grande in the reach between the
Percha Diversion Dam in New Mexico and the American Diversion
Dam in El Paso.''.
SEC. 1503. PROHIBITION ON ASSISTANCE TO INTERNATIONAL
ORGANIZATIONS ESPOUSING WORLD GOVERNMENT.
None of the funds authorized to be made available by this
Act shall be used--
(1) to pay the United States contribution to any
international organization which engages in the direct or
indirect promotion of the principle or doctrine of one world
government or one world citizenship; or
(2) for the promotion, direct or indirect, of the principle
or doctrine of one world government or one world citizenship.
SEC. 1504. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL
RIGHTS.
(a) Findings.--The Congress makes the following findings:
(1) On April 2, 1992, the Senate approved a resolution of
advice and consent to ratification of the International
Covenant on Civil and Political Rights, subject to
reservations, understandings, declarations, and a proviso
intended, inter alia, to protect the First Amendment rights
of American citizens and other United States constitutional
rights and practices.
(2) In accordance with the action of the Senate, the
President deposited the United States instrument of
ratification of the International Covenant on Civil and
Political Rights on June 8, 1992, and the Covenant entered
into force for the United States on September 8, 1992.
(3) On November 2, 1994, the Human Rights Committee,
established under the Covenant to interpret the Covenant and
to receive complaints of noncompliance, adopted General
Comment No. 24 regarding reservations to the Covenant.
(4) In General Comment No. 24, the Human Rights Committee
claimed for itself the power to judge the validity under
international law of reservations to the Covenant, and in the
purported exercise of this power asserted that reservations
of the type included in the Senate resolution of ratification
are invalid, and further asserted that invalid reservations
will be read out of instruments of ratification, ``in the
sense that the Covenant will be operative for the reserving
party without benefit of the reservation''.
(5) The purpose and effect of General Comment No. 24 is to
seek to nullify as a matter of international law the
reservations, understandings, declarations, and proviso
contained in the Senate resolution of ratification, thereby
purporting to impose legal obligations on the United States
never accepted by the United States.
(6) General Comment No. 24 threatens not only the Supremacy
Clause of the United States Constitution and the
constitutional authority of the Senate with respect to the
approval of treaties, but also the First Amendment rights of
American citizens and the other United States constitutional
rights and practices protected by the reservations,
understandings, declarations, and proviso contained in the
Senate resolution of ratification.
(b) Restriction on Obligation or Expenditure of Funds.--
(1) Restriction.--Effective two years after the date of
enactment of this Act, no funds authorized to be appropriated
by this Act or any other Act, or otherwise made available,
may be obligated or expended for the conduct of any activity
which has the purpose or effect of--
(A) reporting to the Human Rights Committee in accordance
with Article 40 of the International Covenant on Civil and
Political Rights, or
(B) responding to any effort by the Human Rights Committee
to use the procedures of Articles 41 and 42 of the
International Covenant on Civil and Political Rights to
resolve claims by other parties to the Covenant that the
United States is not fulfilling its obligations under the
Covenant,
until the President has submitted to the Congress the
certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the President to the
Congress that the Human Rights Committee established under
the International Covenant on Civil and Political Rights
has--
(A) revoked its General Comment No. 24 adopted on November
2, 1994; and
(B) expressly recognized the validity as a matter of
international law of the reservations, understandings, and
declarations contained in the United States instrument of
ratification of the International Covenant on Civil and
Political Rights.
SEC. 1505. UNITED STATES PARTICIPATION IN SINGLE COMMODITY
INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that--
(1) identifies the national interests, if any, that are
served by continuing United States participation in single-
commodity international organizations;
(2) assesses the current and projected costs of continuing
United States participation in such organizations in light of
the increasingly limited funds available to fund United
States participation in all international organizations;
(3) assesses the feasibility and desirability of the
privatization of United States representation in such
organizations; and
(4) sets forth options for achieving the privatization of
the organizations if the Secretary determines that the
privatization is feasible and desirable.
CHAPTER 2--UNITED NATIONS AND AFFILIATED AGENCIES AND ORGANIZATIONS
SEC. 1521. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
(a) Assessed Contributions.--Of amounts authorized to be
appropriated for ``Assessed Contributions to International
Organizations'' by this Act, the President may withhold 20
percent of the funds appropriated for the United States
assessed contribution to
[[Page 463]]
the United Nations or to any of its specialized agencies for
any calendar year if the United Nations or any such agency
has failed to implement or to continue to implement
consensus-based decisionmaking procedures on budgetary
matters which assure that sufficient attention is paid to the
views of the United States and other member states that are
the major financial contributors to such assessed budgets.
(b) Notice to Congress.--The President shall notify the
Congress when a decision is made to withhold any share of the
United States assessed contribution to the United Nations or
its specialized agencies pursuant to subsection (a) and shall
notify the Congress when the decision is made to pay any
previously withheld assessed contribution. A notification
under this subsection shall include appropriate consultation
between the President (or the President's representative) and
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(c) Contributions for Prior Years.--Subject to the
availability of appropriations, payment of assessed
contributions for prior years may be made to the United
Nations or any of its specialized agencies notwithstanding
subsection (a) if such payment would further United States
interests in that organization.
(d) Report to Congress.--Not later than February 1 of each
year, the President shall submit to the appropriate
congressional committees a report concerning the amount of
United States assessed contributions paid to the United
Nations and each of its specialized agencies during the
preceding calendar year.
SEC. 1522. REPORT ON UNICEF.
Not later than December 31, 1996, the Secretary of State
shall submit to the appropriate congressional committees a
report on (1) the progress of UNICEF toward effective
financial, program, and personnel management; (2) the
progress of UNICEF in shifting its health, child survival,
and maternal survival programs toward efficient and low-
overhead contractors, with particular emphasis on
nongovernmental organizations; and (3) the extent to which
UNICEF has demonstrated its commitment to its traditional
mission of child health and welfare and resisted pressure to
become involved in functions performed by other United
Nations agencies.
SEC. 1523. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
(a) In General.--(1) The United Nations Participation Act
of 1945 (22 U.S.C. 287 et seq.) is amended by adding at the
end the following new section:
``SEC. 10. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
``(a) Withholding of Contributions.--
``(1) Assessed contributions for regular united nations
budget.--At the beginning of each fiscal year, 20 percent of
the amount of funds made available for that fiscal year for
United States assessed contributions for the regular United
Nations budget shall be withheld from obligation and
expenditure unless a certification for that fiscal year has
been made under subsection (b).
``(2) Assessed contributions for united nations
peacekeeping.--At the beginning of each fiscal year, 50
percent of the amount of funds made available for that fiscal
year for United States assessed contributions for United
Nations peacekeeping activities shall be withheld from
obligation and expenditure unless a certification for that
fiscal year has been made under subsection (b).
``(3) Voluntary contributions for united nations
peacekeeping.--The United States may not during any fiscal
year pay any voluntary contribution to the United Nations for
international peacekeeping activities unless a certification
for that fiscal year has been made under subsection (b).
``(b) Certification.--The certification referred to in
subsection (a) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, of each of the following:
``(1) The United Nations has an independent office of
Inspector General to conduct and supervise objective audits,
inspections, and investigations relating to programs and
operations of the United Nations.
``(2) The United Nations has an Inspector General who was
appointed by the Secretary General with the approval of the
General Assembly and whose appointment was made principally
on the basis of the appointee's integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigation.
``(3) The Inspector General is authorized to--
``(A) make investigations and reports relating to the
administration of the programs and operations of the United
Nations;
``(B) have access to all relevant records, documents, and
other available materials relating to those programs and
operations; and
``(C) have direct and prompt access to any official of the
United Nations.
``(4) The United Nations has fully implemented, and made
available to all member states, procedures designed to
protect the identity of, and prevent reprisals against, any
staff member of the United Nations making a complaint or
disclosing information to, or cooperating in any
investigation or inspection by, the United Nations Inspector
General.
``(5) The United Nations has fully implemented procedures
designed to ensure compliance with recommendations of the
United Nations Inspector General.
``(6) The United Nations has required the United Nations
Inspector General to issue an annual report and has ensured
that the annual report and all other relevant reports of the
Inspector General are made available to the General Assembly
without modification.
``(7) The United Nations is committed to providing,
sufficient budgetary resources to ensure the effective
operation of the United Nations Inspector General.''.
(2) Section 10 of the United Nations Participation Act of
1945, as added by paragraph (1), shall apply only with
respect to fiscal years after fiscal year 1996.
(b) Withholding of Contributions Related to Contracting of
the United Nations.--The United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.) is further amended by adding at
the end the following new section:
``SEC. 11. WITHHOLDING OF CONTRIBUTIONS.
``(a) Withholding of Contributions Related to Timely Notice
of Contract Opportunities and Contract Awards.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1997 and for each
subsequent fiscal year, 3 percent of the amount of funds made
available for that fiscal year for United States assessed
contributions for the regular United Nations budget shall be
withheld from obligation and expenditure unless a
certification for that fiscal year has been made under
paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, that the United Nations has
implemented a system requiring (A) prior notification for the
submission of all qualified bid proposals on all United
Nations procurement opportunities of more than $100,000, and
(B) a public announcement of the award of any contract of
more than $100,000. To the extent practicable, notifications
shall be made in a widely available business-related
publication.
``(b) Withholding of Contributions Related to
Discrimination Against Companies Which Challenge Contract
Awards.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1997 and for each
subsequent fiscal year, 3 percent of the amount of funds made
available for that fiscal year for United States assessed
contributions for the regular United Nations budget shall be
withheld from obligation and expenditure unless a
certification for that fiscal year has been made under
paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, that the procurement
regulations of the United Nations prohibit punitive actions
such as the suspension of contract eligibility for
contractors who challenge contract awards or complain about
delayed payments.
``(c) Withholding of Contributions Related to Establishment
of a United Nations Contract Review Process.--
``(1) Withholding of assessed contributions for regular
united nations budget.--For fiscal year 1998 and for each
subsequent fiscal year, 3 percent of the amount of funds made
available for that fiscal year for United States assessed
contributions for the regular United Nations budget shall be
withheld from obligation and expenditure unless a
certification for that fiscal year has been made under
paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) for any fiscal year is a certification by the
President to the Congress, submitted on or after the
beginning of that fiscal year, that the United Nations has
established a contract review process for contracts of more
than $100,000 and a process to assure unsuccessful bidders a
timely opportunity to challenge awards for contracts of more
than $100,000 that such bidders consider to have been made
improperly.''.
(c) Procurement Information.--Section 4(d) of the United
Nations Participation Act of 1945 (22 U.S.C. 287b(d)), as
amended by section 407 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is
amended in paragraph (2)(B) by inserting before the period
``, including local procurement contracts''.
SEC. 1524. LIMITATION ON ASSESSMENT PERCENTAGE FOR
PEACEKEEPING ACTIVITIES.
(a) Amendment to the UNPA.--The United Nations
Participation Act of 1945 (22 U.S.C. 287 et seq.), as amended
by this Act, is further amended by adding at the end the
following new section:
``SEC. 12. CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES.
``(a) Reassessment of Contribution Percentages.--The
Permanent Representative of the United States to the United
Nations should make every effort to ensure that the United
Nations completes an overall review and reassessment of each
nation's assessed contributions for United Nations
peacekeeping operations. As part of the overall review and
assessment, the Permanent Representative should make every
effort to advance the concept that, when appropriate, host
governments and other governments in the region where a
United Nations peacekeeping operation is carried out should
bear a greater burden of its financial cost.
[[Page 464]]
``(b) Limitation on Assessed Contribution With Respect to a
Peacekeeping Operation.--(1) Funds authorized to be
appropriated for `Contributions for International
Peacekeeping Activities' for any fiscal year shall not be
available for the payment of the United States assessed
contribution for a United Nations peacekeeping operation in
an amount which is greater than 25 percent of the total
amount of all assessed contributions for that operation, and
any arrearages that accumulate as a result of assessments in
excess of 25 percent of the total amount of all assessed
contributions for any United Nations peacekeeping operation
shall not be recognized or paid by the United States.
``(2) Any penalties, interest, or other charges imposed on
the United States in connection with such contributions shall
be credited as a part of the percentage limitation contained
in the preceding sentence.''.
(b) Effective Date.--The limitation contained in section
12(b) of the United Nations Participation Act of 1945, as
added by subsection (a), shall apply only with respect to
funds authorized to be appropriated for ``Contributions for
International Peacekeeping Activities'' for fiscal years
after fiscal year 1995.
(c) Conforming Repeal.--Section 404 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, is
repealed.
SEC. 1525. ANNUAL REPORT ON UNITED STATES CONTRIBUTIONS TO
UNITED NATIONS PEACEKEEPING ACTIVITIES.
Section 4(d)(1) of the United Nations Participation Act of
1945 (22 U.S.C. 287b(d)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) A description of the anticipated budget for the next
fiscal year for United States participation in United Nations
peacekeeping activities, including a statement of the
aggregate amount of funds (from all accounts) and the
aggregate costs of in-kind contributions that the United
States proposes to make available to the United Nations for
that fiscal year for United Nations peacekeeping
activities.''.
SEC. 1526. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY
COUNCIL VOTES ON UNITED NATIONS PEACEKEEPING
ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945
(22 U.S.C. 287b) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Notice to Congress of Proposed United Nations
Peacekeeping Activities.--(1) Except as provided in paragraph
(2), at least 5 days before any vote in the Security Council
to initiate, expand, or modify any United Nations
peacekeeping activity or any other action under the Charter
of the United Nations which would involve the use of United
States Armed Forces, the President shall submit to the
designated congressional committees a notification with
respect to the proposed action. The notification shall
include the following:
``(A) A cost assessment of such action (including the total
estimated cost and the United States share of such cost).
``(B) Identification of the source of funding for the
United States share of the costs of the action (whether in an
annual budget request, reprogramming notification, a
rescission of funds, a budget amendment, or a supplemental
budget request).
``(2)(A) If the President determines that an emergency
exists which prevents submission of the 5-day advance
notification specified in paragraph (1) and that the proposed
action is in the national security interests of the United
States, the notification described in paragraph (1) shall be
provided in a timely manner but no later than 48 hours after
the vote by the Security Council.
``(B) Determinations made under subparagraph (A) may not be
delegated.''.
SEC. 1527. CODIFICATION OF REQUIRED NOTICE TO CONGRESS OF
PROPOSED UNITED NATIONS PEACEKEEPING
ACTIVITIES.
(a) Required Notice.--Section 4 of the United Nations
Participation Act of 1945 (22 U.S.C. 287b) is amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsections (e) and (f) (as
redesignated by the preceding section) as subsections (f) and
(g), respectively; and
(3) by inserting after subsection (d) a new subsection (e)
consisting of the text of subsection (a) of section 407 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), revised--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``in written form not later than the 10th day of'' after
``shall be provided'';
(ii) in subparagraph (A)(iv), by inserting ``(including
facilities, training, transportation, communication, and
logistical support, but not including intelligence activities
reportable under title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.))'' after ``covered by the
resolution''; and
(iii) in subparagraph (B), by adding at the end the
following new clause:
``(iv) A description of any other United States assistance
to or support for the operation (including facilities,
training, transportation, communication, and logistical
support, but not including intelligence activities reportable
under title V of the National Security Act of 1947 (50 U.S.C.
413 et seq.)), and an estimate of the cost to the United
States of such assistance or support.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3) and in
the last sentence of subparagraph (A) of that paragraph by
striking ``and (ii)'' and inserting ``through (iv)'';
(D) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
``(4) New united nations peacekeeping operation defined.--
As used in paragraphs (2)(B) and (3), the term `new United
Nations peacekeeping operation' includes any existing or
otherwise ongoing United Nations peacekeeping operation--
``(A) that is to be expanded by more than 25 percent during
the period covered by the Security Council resolution, as
measured by either the number of personnel participating (or
authorized to participate) in the operation or the budget of
the operation; or
``(B) that is to be authorized to operate in a country in
which it was not previously authorized to operate.''; and
(E) in paragraph (5)--
(i) by striking ``(5) Notification'' and all that follows
through ``(B) The President'' and inserting ``(5) Quarterly
reports.--The President''; and
(ii) by striking ``section 4(d)'' and all that follows
through ``of this section)'' and inserting ``subsection
(d)''.
(b) Conforming Repeal.--Subsection (a) of section 407 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), is repealed.
(c) Designated Congressional Committees.--Subsection (g) of
section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b(g)), as redesignated by subsection (a), is
amended to read as follows:
``(g) Designated Congressional Committees.--As used in this
section, the term `designated congressional committees' means
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations
and the Committee on International Relations of the House of
Representatives.''.
SEC. 1528. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS.
The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following new
section:
``SEC. 13. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS.
``(a) Provision of Intelligence Information to the United
Nations.--(1) No United States intelligence information may
be provided to the United Nations or any organization
affiliated with the United Nations, or to any official or
employee thereof, unless the President certifies to the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence
of the House of Representatives that the Director of Central
Intelligence (in this section referred to as the `DCI'), in
consultation with the Secretary of State and the Secretary of
Defense, has required, and such organization has established
and implemented, procedures for protecting intelligence
sources and methods (including protection from release to
nations and foreign nationals that are otherwise not eligible
to receive such information) no less stringent than
procedures maintained by nations with which the United States
regularly shares similar types of intelligence information.
Such certification shall include a description of the
procedures in effect at such organization.
``(2) Paragraph (1) may be waived upon written
certification by the President to the appropriate committees
of Congress that providing such information to the United
Nations or an organization affiliated with the United
Nations, or to any official or employee thereof, is in the
national security interest of the United States and that all
possible measures protecting such information have been
taken, except that such waiver must be made for each instance
such information is provided, or for each such document
provided.
``(b) Periodic and Special Reports.--(1) The President
shall periodically report, but not less frequently than
quarterly, to the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate and the
Committee on International Relations and the Permanent Select
Committee on Intelligence of the House of Representatives on
the types and volume of intelligence provided to the United
Nations and the purposes for which it was provided during the
period covered by the report. Such periodic reports shall be
submitted to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives with an annex containing a
counterintelligence and security assessment of all risks,
including an evaluation of any potential adverse impact on
national collection systems, of providing intelligence to the
United Nations, together with information on how such risks
have been addressed.
``(2) The President shall submit a special report to the
Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence
of the House of Representatives within 15 days after the
United States Government becomes aware of any unauthorized
disclosure of intelligence provided to the United Nations by
the United States.
[[Page 465]]
``(c) Limitation.--The restrictions of subsection (a) and
the requirement for periodic reports under paragraph (1) of
subsection (a) shall not apply to the provision of
intelligence that is provided only to, and for the use of,
appropriately cleared United States Government personnel
serving with the United Nations.
``(d) Delegation of Duties.--The President may not delegate
or assign the duties of the President under subsection (a).
``(e) Relationship to Existing Law.--Nothing in this
section shall be construed to--
``(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 103(c)(5) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(5)); or
``(2) supersede or otherwise affect the provisions of title
V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.).''.
TITLE XVI--FOREIGN POLICY PROVISIONS
SEC. 1601. APPLICABILITY OF TAIWAN RELATIONS ACT.
Section 3 of the Taiwan Relations Act (22 U.S.C. 3302) is
amended by adding at the end the following new subsection:
``(d) The provisions of subsections (a) and (b) supersede
any provision of the Joint Communique of the United States
and China of August 17, 1982.''.
SEC. 1602. REPORT ON OCCUPIED TIBET.
(a) Report on United States-Tibet Relations.--Not later
than 6 months after the date of enactment of this Act, and
every 12 months thereafter, the Secretary of State shall
submit to the Chairman of the Committee on Foreign Relations
of the Senate and the Speaker of the House of Representatives
a report on the state of relations between the United States
and those recognized by Congress as the true representatives
of the Tibetan people, the Dalai Lama, his representatives,
and the Tibetan Government in exile, and on conditions in
Tibet.
(b) Separate Tibet Reports.--
(1) It is the sense of the Congress that whenever an
executive branch report is transmitted to the Congress on a
country-by-country basis there should be included in such
report, where applicable, a separate report on Tibet listed
alphabetically with its own state heading.
(2) The reports referred to in paragraph (1) include, but
are not limited to, reports transmitted under sections 116(d)
and 502B(b) of the Foreign Assistance Act of 1961 (relating
to human rights).
SEC. 1603. TAIPEI REPRESENTATIVE OFFICE.
For purposes of carrying out its activities in the United
States, the instrumentality known as the Taipei Economic and
Cultural Representative Office as of the date of enactment of
this Act shall, on and after such date, be permitted to
operate under the name ``Taipei Representative Office''.
SEC. 1604. EFFORTS AGAINST EMERGING INFECTIOUS DISEASES.
(a) Prioritization.--The President shall give urgent
priority to the strengthening of efforts against emerging
infectious diseases through the development of appropriate
United States Government strategies and response mechanisms.
(b) Strategic Plan.--Not later than 6 months after the date
of the enactment of this Act, the President shall submit to
the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate a report outlining a
United States strategic plan, in cooperation with the
international public health infrastructure, to identify and
respond to the threat of emerging infectious diseases to the
health of the people of the United States.
SEC. 1605. STATUTORY CONSTRUCTION.
Section 33 of the Arms Control and Disarmament Act (22
U.S.C. 2573) is amended by adding at the end the following
new subsection:
``(c) Statutory Construction.--Nothing contained in this
chapter shall be construed to authorize any policy or action
by any Government agency which would interfere with,
restrict, or prohibit the acquisition, possession, or use of
firearms by an individual for the lawful purpose of personal
defense, sport, recreation, education, or training.''.
SEC. 1606. REPORTS REGARDING HONG KONG.
(a) Extension of Reporting Requirement.--Section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731)
is amended in the text above paragraph (1) by striking ``and
March 31, 2000,'' and inserting ``March 31, 2000, and every
year thereafter,''.
(b) Additional Requirements.--In light of deficiencies in
reports submitted to the Congress pursuant to section 301 of
the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731), reports required to be submitted under that section on
or after the date of enactment of this Act shall include
detailed information on the status of, and other developments
affecting, implementation of the Sino-British Joint
Declaration on the Question of Hong Kong, including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) the openness and fairness of elections to the
legislature;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the
legislature;
(4) the treatment of political parties;
(5) the independence of the judiciary and its ability to
exercise the power of final judgment over Hong Kong law;
(6) the Bill of Rights;
(7) a list of all treaties and international agreements
(including multilateral conventions) in force as of July 1,
1997, between the United States and Hong Kong, or between the
United States and the United Kingdom which apply to Hong
Kong; and
(8) a short description of the extent to which Hong Kong is
carrying out and has the capacity to carry out its
commitments and obligations under each treaty or
international agreement under paragraph (7).
SEC. 1607. THE UNITED STATES-NORTH KOREA AGREED FRAMEWORK OF
OCTOBER 21, 1994, AND THE KOREAN PENINSULA
ENERGY DEVELOPMENT ORGANIZATION (KEDO).
(a) Clarification of Nuclear Nonproliferation Obligations
of North Korea Under the Agreed Framework.--It is the sense
of the Congress that in discussions or negotiations with the
Government of North Korea pursuant to the implementation of
the United States-Democratic People's Republic of Korea
Agreed Framework entered into on October 21, 1994, the
President should uphold the following minimum conditions
relating to nuclear nonproliferation:
(1) All spent fuel from the graphite-moderated nuclear
reactors and related facilities of North Korea should be
removed from the territory of North Korea as is consistent
with the Agreed Framework.
(2) The International Atomic Energy Agency should have the
freedom to conduct any and all inspections that it deems
necessary to fully account for the stocks of plutonium and
other nuclear materials in North Korea, including special
inspections of suspected nuclear waste sites, before any
nuclear components controlled by the Nuclear Supplier Group
Guidelines are delivered for a light water reactor for North
Korea.
(3) The dismantlement of all declared graphite-based
nuclear reactors and related facilities in North Korea,
including reprocessing units, should be completed in
accordance with the Agreed Framework and in a manner that
effectively bars in perpetuity any reactivation of such
reactors and facilities.
(4) The United States should suspend actions described in
the Agreed Framework if North Korea reloads its existing 5
megawatt nuclear reactor or resumes construction of nuclear
facilities other than those permitted to be built under the
Agreed Framework.
(b) Role of the Republic of Korea Under the Agreed
Framework.--It is further the sense of the Congress that the
Republic of Korea should play the central role in the project
to provide light water reactors to North Korea under the
Agreed Framework.
(c) Further Steps To Promote United States Security and
Political Interests With Respect to North Korea.--It is
further the sense of the Congress that, after the date of the
enactment of this Act, the President should not take further
steps toward upgrading diplomatic relations with North Korea
beyond opening liaison offices or relaxing trade and
investment barriers imposed against North Korea without--
(1) consistent and sustained efforts by the Government of
North Korea to engage in a substantive North-South dialogue
with the Government of the Republic of Korea;
(2) significant progress toward implementation of the
North-South Joint Declaration on the Denuclearization of the
Korean Peninsula; and
(3) progress toward the achievement of several long-
standing United States policy objectives regarding North
Korea and the Korean Peninsula, including--
(A) reducing the number of military forces of North Korea
along the Demilitarized Zone and relocating such military
forces away from the Demilitarized Zone;
(B) prohibiting any movement by North Korea toward the
deployment of an intermediate range ballistic missile system;
(C) prohibiting the export by North Korea of missiles and
other weapons of mass destruction, including related
technology and components;
(D) obtaining positive and productive cooperation from
North Korea on the recovery of remains of Americans missing
in action from the Korean War without consenting to
exorbitant demands by North Korea for financial compensation;
and
(E) achieving credible assurances and intelligence
confirmation that North Korea has ended its participation in
and support of international terrorism.
(d) Restrictions on Assistance to North Korea and the
Korean Peninsula Energy Development Organization.--
(1) In general.--Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370 et seq.) is amended by
adding at the end the following new section:
``SEC. 620G. ASSISTANCE TO NORTH KOREA AND THE KOREAN
PENINSULA ENERGY DEVELOPMENT ORGANIZATION.
``(a) Limitation.--No assistance may be provided under this
Act or any other provision of law to North Korea or the
Korean Peninsula Energy Development Organization unless--
``(1) such assistance is provided in accordance with all
requirements, limitations, and procedures otherwise
applicable to the provision of such assistance for such
purposes; and
``(2) the President--
``(A) notifies the congressional committees specified in
section 634A(a) of this Act prior to the obligation of such
assistance in accordance with the procedures applicable to
reprogramming notifications under that section, irrespective
of the amount of the proposed obligation of such assistance;
and
[[Page 466]]
``(B) determines and reports to such committees that the
provision of such assistance is vital to the national
security of the United States.
``(b) Exception.--The requirement of subsection (a)(2)(B)
shall not apply with respect to assistance authorized to be
appropriated and appropriated for North Korea or the Korean
Peninsula Energy Development Organization.''.
(2) Effective date.--Section 620G of the Foreign Assistance
Act of 1961, as added by subsection (a), applies with respect
to assistance provided to North Korea or the Korean Peninsula
Energy Development Organization on or after the date of the
enactment of this Act.
SEC. 1608. INTERNATIONAL CRIMINAL COURT PARTICIPATION.
(a) In General.--The United States may not participate in
an international criminal court with jurisdiction over crimes
of an international character except to the extent and in the
manner authorized--
(1) by a treaty entered into in accordance with Article II,
section 2, clause 2 of the Constitution; or
(2) by a law enacted in accordance with Article I, section
7 of the Constitution.
(b) Definitions.--As used in subsection (a)--
(1) the term ``participate'' means consent to the
jurisdiction of, recognize the validity of the decisions of,
or extradite or otherwise render suspects to, an
international criminal court with jurisdiction over crimes of
an international character; and
(2) the term ``international criminal court with
jurisdiction over crimes of an international character'' does
not include any international war crimes tribunal established
prior to the date of enactment of this Act.
SEC. 1609. PROHIBITION ON THE TRANSFER OF ARMS TO INDONESIA.
Consistent with section 582 of the Foreign Operations
Export Financing and Related Programs Appropriations Act,
1995 (Public Law 103-306), the United States is prohibited
from selling or licensing for export to the Government of
Indonesia light arms, small weapons, and crowd control
ordnances, including helicopter-mounted equipment, until the
Secretary of State determines and reports to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives that
there has been significant progress made on human rights in
East Timor and elsewhere in Indonesia, including--
(1) compliance with the recommendations in the United
Nations Special Rapporteur's January 1992 report and the
March 1993 recommendations of the United Nations Human Rights
Commission;
(2) significant reduction in Indonesia's troop presence in
East Timor;
(3) thorough and impartial investigation of gangs and
violent civilian groups operating in East Timor;
(4) improved access to East Timor for Indonesian and
international human rights and humanitarian organizations and
journalists, including the deployment of United Nations human
rights monitors if so requested;
(5) constructive participation in the United Nations
Secretary General's efforts to resolve the status of East
Timor; and
(6) greater local control over political, economic, and
cultural affairs, with an aim toward resolving the future
status of East Timor.
SEC. 1610. BOSNIA AND HERZEGOVINA SELF-DEFENSE FUND.
(a) Authority for Establishment.--
(1) Subject to the other provisions of this section, the
President is authorized to enter into an international
agreement with eligible countries for the establishment of a
fund to assist the self-defense of Bosnia and Herzegovina,
which may be known as the ``Multilateral Bosnia and
Herzegovina Self-Defense Fund''.
(2) The Secretary of State is authorized to transfer to the
custody of the international board having responsibility for
the Fund defense articles from the stocks of the Department
of Defense and defense services of the Department of Defense
transferred or available for transfer pursuant to section 540
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (Public Law 104-107), or
pursuant to any similar provision of law.
(b) Purpose.--The purpose of the Fund shall be to provide
an international mechanism for the procurement of military
equipment and training for transfer to the Government of
Bosnia and Herzegovina for the exercise of its right to self-
defense under Article 51 of the United Nations Charter, and
to facilitate the achievement of a lasting peace by enabling
the Government of Bosnia and Herzegovina to protect its
population and territory.
(c) Requirements.--An agreement referred to in subsection
(a) shall meet the following requirements:
(1) United states representation.--The United States will
chair any international board having responsibility for the
Fund.
(2) Control of military equipment.--The agreement will
provide procedures for the control of military equipment
received by the international board having responsibility for
the Fund.
(3) Commitment by the government of bosnia and
herzegovina.--Before any military equipment or training
purchased or otherwise acquired through the Fund, or held by
the international board responsible for the Fund, may be
transferred to the Government of Bosnia and Herzegovina, that
Government will provide written assurances that the equipment
or training will not be used to take reprisals against any
civilians.
(d) Report on Efforts To Enable the Federation of Bosnia
and Herzegovina To Provide for Its Own Defense.--Within 30
days after the date of the enactment of this Act, the
President shall submit a detailed report to the Congress on
the administration's plan to assist the Federation of Bosnia
to provide for its own defense, including the role of the
United States and other countries in providing such
assistance. Such report shall include an evaluation of the
defense needs of the Federation of Bosnia and Herzegovina,
including, to the maximum extent possible--
(1) the types and quantities of arms, spare parts, and
logistics support required to establish a stable military
balance prior to the withdrawal of United States Armed
Forces;
(2) the nature and scope of training to be provided;
(3) a detailed description of the past, present, and future
United States role in ensuring that the Federation of Bosnia
and Herzegovina is provided as rapidly as possible with
equipment, training, arms, and related logistic assistance of
the highest possible quality;
(4) administration plans to use existing military drawdown
authority and other assistance authorities pursuant to this
section; and
(5) specific or anticipated commitments by third countries
to provide arms, equipment, or training to the Federation of
Bosnia and Herzegovina.
The report shall be submitted in unclassified form, but may
contain a classified annex.
(e) Definitions.--As used in this section:
(1) Eligible countries.--The term ``eligible countries''
includes any foreign country other than a country the
government of which the Secretary of State has determined, in
accordance with section 6(j)(1)(A) of the Export
Administration Act of 1979, repeatedly provides support for
acts of international terrorism.
(2) Fund.--The term ``Fund'' means the fund established as
provided in subsection (a).
(3) Government of bosnia and herzegovina.--The term
``Government of Bosnia and Herzegovina'' includes any agency,
instrumentality, or forces of the Government of Bosnia and
Herzegovina.
(f) Statutory Construction.--Nothing in this section shall
be interpreted as authorization for the deployment of United
States forces in the territory of Bosnia and Herzegovina for
any purpose, including training, support, or delivery of
military equipment.
SEC. 1611. REPORTS TO CONGRESS ON ASPECTS OF IMPLEMENTATION
OF THE GENERAL FRAMEWORK AGREEMENT.
(a) Military Aspects.--Thirty days after the date of the
enactment of this Act, and at least once every 60 days
thereafter until all United States Armed Forces are withdrawn
from Bosnia and Herzegovina, the President shall submit to
the Congress a report on the status of the deployment of
United States Armed Forces in Bosnia and Herzegovina,
including a detailed description of the following:
(1) Criteria for determining success for the deployment.
(2) The military mission and objectives.
(3) Milestones for measuring progress in achieving the
mission and objectives.
(4) Command arrangements for United States Armed Forces.
(5) The rules of engagement for United States Armed Forces.
(6) The multilateral composition of forces in Bosnia and
Herzegovina.
(7) The status of compliance by all parties with the
General Framework Agreement and associated Annexes, including
Article III of Annex 1-A concerning the withdrawal of foreign
forces from Bosnia and Herzegovina.
(8) All incremental costs of the Department of Defense and
any costs incurred by other Federal agencies, for the
deployment of United States Armed Forces in Bosnia and
Herzegovina, including support for the NATO Implementation
Force.
(9) The exit strategy to provide for complete withdrawal of
United States Armed Forces in the NATO Implementation Force,
including an estimated date of completion.
(10) A description of progress toward enabling the
Federation of Bosnia and Herzegovina to provide for its own
defense.
Reports under this section shall include a description of any
changes in the areas listed in paragraphs (1) through (10)
since the previous report, if applicable. Reports shall be
submitted in unclassified form, but may contain a classified
annex.
(b) Nonmilitary Aspects.--Thirty days after the date of the
enactment of this Act, and at least once every 60 days
thereafter, until all United States Armed Forces withdraw
from Bosnia and Herzegovina, the President shall submit to
the Congress a report on the following:
(1) The status of implementation of nonmilitary aspects of
the General Framework Agreement and associated Annexes,
especially Annex 10 on Civilian Implementation, and of
efforts, which are separate from the Implementation Force, by
the United States and other countries to support
implementation of the nonmilitary aspects. Such report shall
include a detailed description of--
(A) progress toward conducting of elections;
(B) the status of refugees and displaced persons;
[[Page 467]]
(C) humanitarian and reconstruction efforts;
(D) police training and related civilian security efforts,
including the status of the implementation of Annex 11
regarding an international police task force; and
(E) implementation of Article XIII of Annex 6 concerning
cooperation with the International Tribunal for the former
Yugoslavia and other appropriate organizations in the
investigation and prosecution of war crimes and other
violations of international humanitarian law.
(2) The status of coordination between the High
Representative and the Implementation Force Commander.
(3) The status of plans and preparation for the
continuation of civilian activities after the withdrawal of
the Implementation Force.
(4) All costs incurred by all United States Government
agencies for reconstruction, refugee, humanitarian, and all
other nonmilitary bilateral and multilateral assistance in
Bosnia and Herzegovina.
(5) United States and international diplomatic efforts to
contain and end conflict in the former Yugoslavia, including
efforts to resolve the status of Kosova and halt violations
of internationally recognized human rights of its majority
Albanian population.
(6) The progress of efforts to establish a United States
Information Agency facility in Pristina, Kosova.
Reports under this subsection shall be submitted in
unclassified form, but may contain a classified annex.
SEC. 1612. VERIFICATION OF MISSILE TECHNOLOGY CONTROL REGIME.
Not later than 6 months after the date of the enactment of
this Act, the Director of the Arms Control and Disarmament
Agency shall submit to the Congress a report on the
capability of the United States to verify the Missile
Technology Control Regime, including any applicable United
States policy statements, pursuant to section 37 of the Arms
Control and Disarmament Act.
SEC. 1613. REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR
PROLIFERATION PREVENTION ACT OF 1994.
(a) Repeal.--Part D of the Nuclear Proliferation Prevention
Act of 1994 (part D of title VIII of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995; Public Law
103-236; 108 Stat. 525) is hereby repealed.
(b) Judicial Review.--Section 824 of the Nuclear
Proliferation Prevention Act of 1994 is amended by striking
subsection (e).
SEC. 1614. PAYMENT OF IRAQI CLAIMS.
(a) Vesting of Assets.--All nondiplomatic accounts of the
Government of Iraq in the United States that have been
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) shall vest in the
President and the President, not later than 30 days after the
date of the enactment of this Act, shall liquidate such
accounts. Amounts from such liquidation shall be transferred
into the Iraq Claims Fund established under subsection (b).
(b) Iraq Claims Fund.--Upon the vesting of accounts under
subsection (a), the Secretary of the Treasury shall establish
in the Treasury of the United States a fund to be known as
the Iraq Claims Fund (hereafter in this section referred to
as the ``Fund'') for payment of private claims or United
States Government claims in accordance with subsection (c).
(c) Payments.--
(1) Payments on private claims.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
the Treasury shall make payment out of the Fund in ratable
proportions on private claims certified under subsection (e)
according to the proportions which the total amount of the
private claims so certified bear to the total amount in the
Fund that is available for distribution at the time such
payments are made.
(2) Payments on u.s. government claims.--After payment has
been made in full out of the Fund on all private claims
certified under subsection (e), any funds remaining in the
Fund shall be made available to satisfy claims of the United
States Government against the Government of Iraq determined
under subsection (d).
(d) Determination of Validity of U.S. Government Claims.--
The President shall determine the validity and amounts of
claims of the Government of the United States against the
Government of Iraq which the Secretary of State has
determined are outside the jurisdiction of the United Nations
Commission, and, to the extent that such claims are not
satisfied from funds made available by the Fund, the
President is authorized and requested to enter into a
settlement agreement with the Government of Iraq which would
provide for the payment of such unsatisfied claims.
(e) Determination of Private Claims.--
(1) Authority of the foreign claims settlement
commission.--The Foreign Claims Settlement Commission of the
United States is authorized to receive and determine, in
accordance with substantive law, including international law,
the validity and amounts of private claims. The Commission
shall complete its affairs in connection with the
determination of private claims under this section within
such time as is necessary to allow the payment of the claims
under subsection (c)(1).
(2) Applicability.--Except to the extent inconsistent with
the provisions of this section, the provisions of title I of
the International Claims Settlement Act of 1949 (22 U.S.C.
1621 et seq.) shall apply with respect to private claims
under this section. Any reference in such provisions to
``this title'' shall be deemed to refer to those provisions
and to this section.
(3) Certification.--The Foreign Claims Settlement
Commission shall certify to the Secretary of the Treasury the
awards made in favor of each private claim under paragraph
(1).
(f) Unsatisfied Claims.--Payment of any award made pursuant
to this section shall not extinguish any unsatisfied claim,
or be construed to have divested any claimant, or the United
States on his or her behalf, of any rights against the
Government of Iraq with respect to any unsatisfied claim.
(g) Definitions.--As used in this section--
(1) the term ``Government of Iraq'' includes agencies,
instrumentalities, and controlled entities (including public
sector enterprises) of that government;
(2) the term ``private claims'' mean claims of United
States persons against the Government of Iraq that are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission;
(3) the term ``United Nations Commission'' means the United
Nations Compensation Commission established pursuant to
United Nations Security Council Resolution 687, adopted in
1991; and
(4) the term ``United States person''--
(A) includes--
(i) any person, wherever located, who is a citizen of the
United States;
(ii) any corporation, partnership, association, or other
legal entity organized under the laws of the United States or
of any State, the District of Columbia, or any commonwealth,
territory, or possession of the United States; and
(iii) any corporation, partnership, association, or other
organization, wherever organized or doing business, which is
owned or controlled by persons described in clause (i) or
(ii); and
(B) does not include the United States Government or any
officer or employee of the United States Government acting in
an official capacity.
SEC. 1615. INTERNATIONAL FUND FOR IRELAND.
(a) Funding.--
(1) In general.--Of the amounts made available for fiscal
years 1996 and 1997 for assistance under chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.; relating to the economic support fund), not more than
$19,600,000 for each of the fiscal years 1996 and 1997 shall
be available for the United States contribution to the
International Fund for Ireland in accordance with the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415).
(2) Availability.--Amounts made available under paragraph
(1) are authorized to remain available until expended.
(b) Additional Requirements.--
(1) Purposes.--Section 2(b) of the Anglo-Irish Agreement
Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is
amended by adding at the end the following new sentences:
``United States contributions should be used in a manner that
effectively increases employment opportunities in communities
with rates of unemployment higher than the local or urban
average of unemployment in Northern Ireland. In addition,
such contributions should be used to benefit individuals
residing in such communities.''.
(2) Conditions and understandings.--Section 5(a) of such
Act is amended--
(A) in the first sentence--
(i) by striking ``The United States'' and inserting the
following:
``(1) In general.--The United States'';
(ii) by striking ``in this Act may be used'' and inserting
the following: ``in this Act--
``(A) may be used'';
(iii) by striking the period and inserting ``; and''; and
(iv) by adding at the end the following:
``(B) should be provided to individuals or entities in
Northern Ireland which employ practices consistent with the
principles of economic justice.''; and
(B) in the second sentence, by striking ``The
restrictions'' and inserting the following:
``(2) Additional requirements.--The restrictions''.
(3) Prior certifications.--Section 5(c)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``in accordance with
the principle of equality'' and all that follows and
inserting ``to individuals and entities whose practices are
consistent with principles of economic justice; and''; and
(B) in subparagraph (B), by inserting before the period at
the end the following: ``and will create employment
opportunities in regions and communities of Northern Ireland
suffering from high rates of unemployment''.
(4) Annual reports.--Section 6 of such Act is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new paragraph:
``(4) the extent to which the practices of each individual
or entity receiving assistance from United States
contributions to the International Fund has been consistent
with the principles of economic justice.''.
(5) Requirements relating to funds.--Section 7 of such Act
is amended by adding at the end the following:
``(c) Prohibition.--Nothing included herein shall require
quotas or reverse discrimination or mandate their use.''.
[[Page 468]]
(6) Definitions.--Section 8 of such Act is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) the term `principles of economic justice' means the
following principles:
``(A) Increasing the representation of individuals from
underrepresented religious groups in the workforce, including
managerial, supervisory, administrative, clerical, and
technical jobs.
``(B) Providing adequate security for the protection of
minority employees at the workplace.
``(C) Banning provocative sectarian or political emblems
from the workplace.
``(D) Providing that all job openings be advertised
publicly and providing that special recruitment efforts be
made to attract applicants from underrepresented religious
groups.
``(E) Providing that layoff, recall, and termination
procedures do not favor a particular religious group.
``(F) Abolishing job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.
``(G) Providing for the development of training programs
that will prepare substantial numbers of minority employees
for skilled jobs, including the expansion of existing
programs and the creation of new programs to train, upgrade,
and improve the skills of minority employees.
``(H) Establishing procedures to assess, identify, and
actively recruit minority employees with the potential for
further advancement.
``(I) Providing for the appointment of a senior management
staff member to be responsible for the employment efforts of
the entity and, within a reasonable period of time, the
implementation of the principles described in subparagraphs
(A) through (H).''.
SEC. 1616. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC
ASSISTANCE FUNDS.
Chapter 3 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2401 et seq.) is amended by adding at the end the
following:
``SEC. 668. DEOBLIGATION OF CERTAIN UNEXPENDED ECONOMIC
ASSISTANCE FUNDS.
``(a) Requirement To Deobligate.--
``(1) In general.--Except as provided in subsection (b) of
this section and in paragraphs (1) and (3) of section 617(a)
of this Act, at the beginning of each fiscal year the
President shall deobligate and return to the Treasury, any
funds described in paragraph (2) that, as of the end of the
preceding fiscal year, have been obligated for a project or
activity for a period of more than 3 years but have not been
expended.
``(2) Funds.--Paragraph (1) applies to funds made available
for--
``(A) assistance under chapter 1 of part I of this Act
(relating to development assistance), chapter 10 of part I of
this Act (relating to the Development Fund for Africa), or
chapter 4 of part II of this Act (relating to the economic
support fund);
``(B) assistance under the `Multilateral Assistance
Initiative for the Philippines';
``(C) assistance under the Support for East European
Democracy (SEED) Act of 1989; and
``(D) economic assistance for the independent states of the
former Soviet Union under this Act or under any other Act
authorizing economic assistance for such independent states.
``(b) Exceptions.--The President, on a case-by-case basis,
may waive the requirement of subsection (a)(1) if the
President determines, and reports to the appropriate
congressional committees, that--
``(1) the funds are being used for a construction project
that requires more than 3 years to complete; or
``(2) the funds have not been expended because of
unforeseen circumstances, and those circumstances could not
have been reasonably foreseen.
``(c) Comments by Inspector General.--As soon as possible
after the submission of a report pursuant to subsection (b),
the Inspector General of the agency primarily responsible for
administering part I of this Act shall submit to the
appropriate congressional committees such comments as the
Inspector General considers appropriate with regard to the
determination described in that report.
``(d) Appropriate Congressional Committees.--As used in
this section, the term `appropriate congressional committees'
means the Committee on International Relations and the
Committee on Appropriations of the House of Representatives
and the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.''.
SEC. 1617. LIMITATION ON ASSISTANCE TO COUNTRIES THAT
RESTRICT THE TRANSPORT OR DELIVERY OF UNITED
STATES HUMANITARIAN ASSISTANCE.
(a) Findings.--The Congress makes the following findings:
(1) The United States Federal budget deficit and spending
constraints require the maximum efficiency in the usage of
United States foreign assistance.
(2) The delivery of humanitarian assistance to people in
need is consistent with the fundamental values of our Nation
and is an important component of United States foreign
policy.
(3) As a matter of principle and in furtherance of fiscal
prudence, the United States should seek to promote the
delivery of humanitarian assistance to people in need in a
manner that is both timely and cost effective.
(4) Recipients of United States assistance should not
hinder or delay the transport or delivery of United States
humanitarian assistance to other countries.
(b) Prohibition on Assistance.--Section 620 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370), as amended by this
Act, is further amended by inserting after subsection (v) (as
added by this Act) the following new subsection:
``(w)(1) Notwithstanding any other provision of law, United
States assistance may not be made available for any country
whose government prohibits or otherwise restricts, directly
or indirectly, the transport or delivery of United States
humanitarian assistance.
``(2) The prohibition on United States assistance contained
in paragraph (1) shall not apply if the President determines
and notifies the Congress in writing that providing such
assistance to a country is in the national security interest
of the United States.
``(3) A suspension or termination of United States
assistance for any country under paragraph (1) shall cease to
be effective when the President certifies in writing to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate that such country is no
longer prohibiting or otherwise restricting, either directly
or indirectly, the transport or delivery of United States
humanitarian assistance.
``(4)(A) At the time of the annual budget submission to
Congress, the President shall submit a report to the Congress
describing any information available to the President
concerning prohibitions or restrictions, direct or indirect,
on the transport or delivery of United States humanitarian
assistance by the government of any country receiving or
eligible to receive United States foreign assistance during
the current or preceding fiscal year.
``(B) The President shall include in the report required by
subparagraph (A) a statement as to whether the prohibition in
paragraph (1) is being applied to each country for which the
President has information available to him concerning
prohibitions or restrictions, direct or indirect, on the
transport or delivery of United States humanitarian
assistance.
``(5) As used in this subsection, the term `United States
assistance' has the same meaning given that term in section
481(e)(4) of this Act.''.
TITLE XVII--CONGRESSIONAL STATEMENTS
SEC. 1701. THE LAOGAI SYSTEM OF POLITICAL PRISONS.
It is the sense of the Congress that the President should--
(1) publicly condemn the continued existence of the Chinese
gulag, known as the Laogai, and call upon the Government of
the People's Republic of China to dismantle it and release
all of its political prisoners; and
(2) instruct the appropriate diplomatic representatives of
the United States to cause a resolution condemning the Laogai
to be put before the United Nations Human Rights Commission
and work for its passage.
SEC. 1702. DECLARATION OF CONGRESS REGARDING UNITED STATES
GOVERNMENT HUMAN RIGHTS POLICY TOWARD CHINA.
(a) Findings.--The Congress makes the following findings:
(1) According to the 1994 State Department Country Reports
on Human Rights Practices, there continue to be ``widespread
and well-documented human rights abuses in China, in
violation of internationally accepted norms . . . (including)
arbitrary and lengthy incommunicado detention, torture, and
mistreatment of prisoners. The regime continued severe
restrictions on freedoms of speech, press assembly and
association, and tightened controls on the exercise of these
rights during 1994. Serious human rights abuses persisted in
Tibet and other areas populated by ethnic minorities''.
(2) The President, in announcing his decision on Most
Favored Nation trading status for China in May 1994 stated
that, ``China continues to commit very serious human rights
abuses. Even as we engage the Chinese on military, political,
and economic issues, we intend to stay engaged with those in
China who suffer from human rights abuses. The United States
must remain a champion of their liberties''.
(b) Sense of Congress.--It is the sense of the Congress
that the President should take the following actions:
(1) Decline the invitation to visit China until and unless
there is dramatic overall progress on human rights in China
and Tibet and communicate to the Government of China that
such a visit cannot take place without such progress.
Indications of overall progress would include the release of
hundreds of political, religious, and labor activists; an
agreement to allow unhindered confidential access to
prisoners by international humanitarian agencies; enactment
of major legal reforms such as an end to all restrictions on
the exercise of freedom of religion, revocation of the 1993
state security law, and the abolition of all so-called
``counter-revolutionary'' crimes; an end to forced abortion,
forced sterilization, and the provision by government
facilities of human fetal remains for consumption as food;
and a decision to allow unrestricted access to Tibet by
[[Page 469]]
foreign media and international human rights monitors.
(2) Seek to develop an agreement on a multilateral strategy
to promote human rights in China. Such an agreement should
include efforts to encourage greater cooperation by the
Government of China with the human rights rapporteurs and
working groups of the United Nations Human Rights Commission,
as well as bilateral and multilateral initiatives to secure
the unconditional release of imprisoned peaceful pro-
democracy advocates such as Wei Jingsheng.
(3) Extend an invitation to the Dalai Lama to visit
Washington, District of Columbia, in 1996.
(c) United States Government Human Rights Policy Toward
China.--It shall be the policy of the United States
Government to continue to promote internationally recognized
human rights and worker rights in China and Tibet. The
President shall submit the following reports on the
formulation and implementation of United States human rights
policy toward China and the results of that policy to the
appropriate congressional committees:
(1) Not later than 90 days after the date of enactment of
this Act, the President shall report on the status of the
``new United States Human Rights Policy for China'' announced
by the President on May 26, 1994, including an assessment of
the implementation and effectiveness of the policy in
bringing about human rights improvements in China and Tibet,
with reference to the following specific initiatives
announced on that date:
(A) High-level dialogue on human rights.
(B) Voluntary principles in the area of human rights for
United States businesses operating in China.
(C) Increased contact with and support for groups and
individuals in China promoting law reform and human rights.
(D) Increased exchanges to support human rights law reform
in China.
(E) The practice of all United States officials who visit
China to meet with the broadest possible spectrum of Chinese
citizens.
(F) Increased efforts to press United States views on human
rights in China at the United Nations, the United Nations
Human Rights Commission, and other international
organizations.
(G) A plan of international actions to address Tibet's
human rights problems and to promote substantive discussions
between the Dalai Lama and the Chinese Government.
(H) An information strategy for promoting human rights by
expanding Chinese and Tibetan language broadcasts on the
Voice of America and establishing Radio Free Asia.
(I) Encouraging the Chinese Government to permit
international human rights groups to operate in and visit
China.
The report required by this paragraph shall also assess the
progress, if any, of the People's Republic of China toward
ending forced abortion, forced sterilization, and other
coercive population control practices.
(2) Not later than 120 days after the date of enactment of
this Act, the President shall report on the status of Chinese
Government compliance with United States laws prohibiting the
importation into the United States of forced labor products,
including (but not limited to) a complete assessment and
report on the implementation of the Memorandum of
Understanding signed by the United States and China in 1992.
The report shall include (but not be limited to) the
following:
(A) All efforts made by the United States Customs Service
from 1992 until the date of the report to investigate forced
labor exports and to conduct unannounced unrestricted
inspections of suspected forced labor sites in China, and the
extent to which Chinese authorities cooperated with such
investigations.
(B) Recommendations of what further steps might be taken to
enhance United States effectiveness in prohibiting forced
labor exports to the United States from China.
SEC. 1703. UNITED STATES RELATIONS WITH THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA (FYROM).
It is the sense of the Congress that the Former Yugoslav
Republic of Macedonia (FYROM) should be eligible for all
United States foreign assistance programs, including programs
of the Export-Import Bank and the Overseas Private Investment
Corporation, if the government continues to respect the
rights of all ethnic minorities.
SEC. 1704. DISPLACED PERSONS.
It is the sense of the Congress that of the amounts made
available to the United Nations Development Program (and
United Nations Development Program-Administered Funds), at
least $20,000,000 for fiscal year 1996 and $20,000,000 for
fiscal year 1997 should be available for programs and
services conducted in cooperation with the International
Organization for Migration, the International Committee for
the Red Cross, and nongovernmental organizations, for persons
who are displaced within their countries of nationality.
SEC. 1705. SENSE OF CONGRESS ON BORDER CROSSING FEES.
It is the sense of the Congress that the United States
Government should not impose or collect a border crossing fee
along its borders with Canada and Mexico.
SEC. 1706. INTER-AMERICAN ORGANIZATIONS.
Taking into consideration the long-term commitment by the
United States to the affairs of this Hemisphere and the need
to build further upon the linkages between the United States
and its neighbors, the Secretary of State, in allocating the
level of resources for international organizations, should
make every effort to pay the full United States assessed
funding levels for the Organization of American States and
the Pan American Health Organization so that these two
entities, which are uniquely dependent on United States
contributions, have adequate resources to contribute
effectively to United States foreign policy initiatives.
SEC. 1707. ESCALATING COSTS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES.
It is the sense of the Congress that the executive branch
should cease obligating the United States to pay for
international peacekeeping operations in excess of funds
specifically authorized and appropriated for this purpose.
SEC. 1708. VISIT OF THE PRESIDENT OF THE REPUBLIC OF CHINA ON
TAIWAN.
It is the sense of the Congress that the President of the
Republic of China on Taiwan should be admitted to the United
States for a visit in 1996 with all appropriate courtesies.
SEC. 1709. REPUBLIC OF CHINA ON TAIWAN'S PARTICIPATION IN
GATT AND WTO.
It is the sense of the Congress that--
(1) the United States should separate the Republic of China
on Taiwan's application for membership in the General
Agreement on Tariffs and Trade (GATT) and the World Trade
Organization (WTO) from the People's Republic of China's
application for membership in such organizations;
(2) the United States should support the Republic of China
on Taiwan's earliest membership in the GATT and the WTO if it
meets full and legitimate membership criteria, including the
elimination of inappropriate tariff levels and nontariff
barriers;
(3) the United States should support the membership of the
People's Republic of China in the GATT and the WTO only if a
sound bilateral commercial agreement is reached between the
United States and the People's Republic of China, and that
the People's Republic of China makes significant progress in
making its economic system compatible with GATT and WTO
principles; and
(4) the People's Republic of China's application for
membership in the GATT and the WTO should be reviewed
strictly in accordance with the rules, guidelines,
principles, precedents, and practices of the GATT and the
WTO.
SEC. 1710. INDUSTRIAL PARK FOR GAZA OR THE WEST BANK.
(a) Sense of the Congress.--It is the sense of Congress
that--
(1) the United States should take prompt, visible action
before the coming elections in Gaza and Jericho that promises
hope and jobs to Palestinians;
(2) the rapid development of an industrial park in Gaza or
the West Bank, closely coordinated with private sector
investors, will provide a clear sign of opportunity resulting
from peace with Israel;
(3) the decision to site the industrial park should give
special consideration to the extremely difficult economic
conditions in Gaza and the West Bank;
(4) the President should appoint a special coordinator to
coordinate the rapid development of an industrial park in
Gaza or the West Bank and to begin the recruitment of United
States investors; and
(5) the Secretary of State should direct a short-term
review and implementation of United States assistance plans
to assist in speeding the flow of goods and services between
Israel and Gaza and the West Bank while increasing security
among those areas.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall prepare and
transmit to the Congress a report detailing the following:
(1) All actions taken by the President to establish an
industrial park in Gaza or the West Bank.
(2) Funds planned for expenditure to develop such
industrial park.
And the Senate agree to the same.
Benjamin A. Gilman,
Bill Goodling,
Henry J. Hyde,
Toby Roth,
Doug Bereuter,
Christopher H. Smith,
Dan Burton,
Ileana Ros-Lehtinen,
Managers on the Part of the House.
Jesse Helms,
Olympia Snowe,
Hank Brown,
Paul Coverdell,
John Ashcroft,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. CAMP, announced that the yeas had it.
Mr. HAMILTON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 470]]
Yeas
226
When there appeared
<3-line {>
Nays
172
para.26.35 [Roll No. 59]
YEAS--226
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Cooley
Cox
Crane
Crapo
Cremeans
Cunningham
Davis
Deal
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Ganske
Gekas
Gilchrest
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Maloney
Manton
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--172
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Collins (MI)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Geren
Gillmor
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lowey
Luther
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stupak
Tanner
Taylor (MS)
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--33
Barton
Brewster
Bryant (TX)
Chapman
Chenoweth
Christensen
Coleman
Collins (IL)
Cubin
de la Garza
DeLay
Durbin
Fields (TX)
Flake
Gallegly
Gephardt
Gibbons
Green
Johnson, Sam
Laughlin
McDade
Moakley
Ortiz
Rose
Rush
Stark
Stockman
Stokes
Studds
Taylor (NC)
Tejeda
Waxman
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.26.36 providing for the consideration of h.r. 2703
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-480) the resolution (H. Res. 380) providing for consideration of the
bill (H.R. 2703) to combat terrorism.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.26.37 standards of official conduct funding
On motion of Mr. THOMAS, by unanimous consent, the Committee on House
Oversight was discharged from further consideration of the following
resolution (H. Res. 377):
Resolved,
SECTION 1. FURTHER EXPENSES OF THE COMMITTEE ON STANDARDS OF
OFFICIAL CONDUCT.
For further expenses of the Committee on Standards of
Official Conduct (hereinafter in this resolution referred to
as the ``committee''), there shall be paid out of the
applicable accounts of the House of Representatives not more
than $580,000, of which not more than $400,000 may be used
for procurement of consultant services under section 202(i)
of the Legislative Reorganization Act of 1946.
SEC. 2. VOUCHERS.
Payments under this resolution shall be made on vouchers
authorized by the committee, signed by the chairman of the
committee, and approved in the manner directed by the
Committee on House Oversight.
SEC. 3. LIMITATION.
Amounts shall be available under this resolution for
expenses incurred during the period beginning at noon on
January 3, 1996, and ending immediately before noon on
January 3, 1997.
SEC. 4. REGULATIONS.
Amounts made available under this resolution shall be
expended in accordance with regulations prescribed by the
Committee on House Oversight.
SEC. 5. ADJUSTMENT AUTHORITY.
The Committee on House Oversight shall have authority to
make adjustments in amounts under section 1, if necessary to
comply with an order of the President issued under section
254 of the Balanced Budget and Emergency Deficit Control Act
of 1985 or to conform to any reduction in appropriations for
the purposes of such section 1.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.26.38 enrolled bill signed
Mr. Thomas, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 927. An Act to seek international sanctions against
the Castro government in Cuba, to plan for support of a
transition Government leading to a democratically elected
Government in Cuba, and for other purposes.
para.26.39 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following days present to the President, for his
approval, bills of the House of the following titles:
March 8, 1996:
H.R. 2778. An Act to provide that members of the Armed
Forces performing services for the peacekeeping efforts in
Bosnia and Herzegovina, Croatia, and Macedonia shall be
entitled to tax benefits in the same manner as if such
services were performed in a combat zone, and for other
purposes.
H.R. 3021. An Act to guarantee the continuing full
investment of Social Security and other Federal funds in
obligations of the United States.
March 11, 1996:
H.R. 927. An Act to seek international sanctions against
the Castro government in Cuba, to plan for support of a
transition government leading to a democratically elected
government in Cuba, and for other purposes.
para.26.40 bills and joint resolutions approved
The President notified the Clerk of the House that he approved and
signed on the following dates bills and joint
[[Page 471]]
resolutions of the House of the following titles:
January 4, 1996:
H.J. Res. 153. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
January 6, 1996:
H.J. Res. 134. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
H.R. 1358. An Act to require the Secretary of Commerce to
convey to the Commonwealth of Massachusetts the National
Marine Fisheries Service laboratory located on Emerson Avenue
in Gloucester, Massachusetts.
H.R. 1643. An Act making appropriations for certain
activities for the fiscal year 1996, and for other purposes.
January 26, 1996:
H.R. 2880. An Act making appropriations for fiscal year
1996 to make a downpayment toward a balanced budget, and for
other purposes.
February 1, 1996:
H.R. 1606. An Act to designate the United States Post
Office building located at 24 Corliss Street, Providence,
Rhode Island, as the ``Harry Kizirian Post Office Building.''
H.R. 2061. An Act to designate the Federal Building located
at 1550 Dewey Avenue, Baker City, Oregon, as the ``David J.
Wheeler Federal Building.''
February 8, 1996:
H.R. 2924. An Act to guarantee the timely payment of social
security benefits in March 1996.
February 10, 1996:
H.R. 2029. An Act to amend the Farm Credit Act of 1971 to
provide regulatory relief, and for other purposes.
February 12, 1996:
H.R. 1868. An Act making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1996, and for other
purposes.
H.R. 2111. An Act to designate the Federal Building located
at 1231 Nevin Avenue in Richmond, California, as the ``Frank
Hagel Federal Building.''
H.R. 2726. An Act to make certain technical corrections in
laws relating to Native Americans, and for other purposes.
February 13, 1996:
H.R. 2353. An Act to amend title 38, United States Code, to
extend the authority of the Secretary of Veterans Affairs to
carry out certain programs and activities, to require certain
reports from the Secretary of Veterans Affairs, and for other
purposes.
H.R. 2657. An Act to award a congressional gold medal to
Ruth and Billy Graham.
March 5, 1996:
H.R. 1718. An Act to designate the United States courthouse
located at 197 South Main Street in Wilkes-Barre,
Pennsylvania, as the ``Max Rosenn United States Courthouse.''
para.26.41 senate bills approved
The President notified the Clerk of the House that he approved and
signed on the following dates bills of the Senate of the following
titles:
February 6, 1996:
S. 1341. An Act to provide for the transfer of certain
lands to the Salt River Pima-Maricopa Indian Community and
the city of Scottsdale, Arizona, and for other purposes.
February 8, 1996:
S. 652. An Act to promote competition and reduce regulation
in order to secure lower prices and higher quality services
for American telecommunications consumers and encourage the
rapid deployment of new telecommunications technologies.
February 10, 1996:
S. 1124. An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of Defense,
for military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, to reform acquisition
law and information technology management of the Federal
Government, and for other purposes.
para.26.42 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today and balance of the week;
To Mrs. CHENOWETH, for today and March 13; and
To Mr. CHRISTENSEN, for today.
And then,
para.26.43 adjournment
On motion of Mr. OWENS, at 11 o'clock and 39 minutes p.m., the House
adjourned.
para.26.44 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BLILEY: Committee on Commerce. H.R. 2972. A bill to
authorize appropriations for the Securities and Exchange
Commission, to reduce the fees collected under the Federal
securities laws, and for other purposes; with an amendment
(Rept. No. 104-479). Referred to the Committee of the Whole
House on the State of the Union.
Ms. PRYCE: Committee on Rules. House Resolution 380.
Resolution providing for consideration of the bill (H.R.
2703) to combat terrorism (Rept. No. 104-480). Referred to
the House Calendar.
para.26.45 discharge of committees
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
[The following action occurred on March 11, 1996]
H.R. 2276. The Committees on Government Reform and
Oversight and the Budget discharged from further
consideration. Referred to the Committee of the Whole House
on the State of the Union.
para.26.46 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WALKER (for himself, Mr. Brown of California,
Mrs. Morella, Mr. Schiff, Mr. Rohrabacher, Mr.
Cramer, Mr. Davis, Mr. Ehlers, Mr. Boehlert, Mr.
Weldon of Pennsylvania, Mrs. Seastrand, Mr. Hastings
of Florida, Ms. Lofgren, Mr. McHale, Ms. Eddie
Bernice Johnson of Texas, Mr. Minge, Mr. Olver, Ms.
Rivers, Ms. Jackson-Lee, and Mr. Baker of
California):
H.R. 3060. A bill to implement the Protocol on
Environmental Protection to the Antarctic Treaty; to the
Committee on Science, and in addition to the Committees on
International Relations, and Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. YOUNG of Alaska:
H.R. 3061. A bill to resolve certain conveyances under the
Alaska Native Claims Settlement Act related to Cape Fox
Corp., and for other purposes; to the Committee on Resources.
By Mr. COX of California (for himself and Mr. Duncan):
H.R. 3062. A bill to authorize the States to assist the
Attorney General in performing functions under the
Immigration and Nationality Act relating to deportation of
aliens; to the Committee on the Judiciary.
By Mr. ARCHER (for himself and Mr. Thomas):
H.R. 3063. A bill to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health
care delivery, to promote the use of medical savings
accounts, and to simplify the administration of health
insurance; to the Committee on Ways and Means, and in
addition to the Committees on Economic and Educational
Opportunities, Commerce, and the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HOYER:
H.R. 3064. A bill to increase the overall economy and
efficiency of Government operations and enable more efficient
use of Federal funding, by coordinating Federal financial
assistance programs and promoting local flexibility; to the
Committee on Government Reform and Oversight.
By Mr. COBURN (for himself, Mr. Burr, Mr. Stupak, and
Mrs. Lincoln):
H.R. 3065. A bill to amend the Federal Food, Drug, and
Cosmetic Act to revise the review of radiopharmaceuticals
under section 505 of such act; to the Committee on Commerce.
By Mr. CUNNINGHAM:
H.R. 3066. A bill to amend the Native American Programs Act
of 1974 to authorize appropriations for fiscal year 1997,
1998, 1999, 2000, and 2001; and for other purposes; to the
Committee on Economic and Educational Opportunities.
By Mr. FAZIO of California (for himself and Mr. Riggs):
H.R. 3067. A bill to control access to precursor chemicals
used to manufacture methamphetamine and other illicit
narcotics, and for other purposes; to the Committee on
Commerce, and in addition to the Committees on the Judiciary,
and International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. GUTKNECHT:
H.R. 3068. A bill to accept the request of the Prairie
Island Indian Community to revoke their charter of
incorporation issued under the Indian Reorganization Act; to
the Committee on Resources.
By Mr. HAYWORTH:
H.R. 3069. A bill to authorize the Secretary of the
Interior to provide assistance to the Casa Malpais National
Historic Landmark in Springerville, AZ; to the Committee on
Resources.
By Mr. BILIRAKIS (for himself and Mr. Bliley):
H.R. 3070. A bill to improve portability and continuity of
health insurance coverage in the group and individual
markets, to combat waste, fraud, and abuse in health
insurance and health care delivery, and to simplify the
administration of health insurance; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, the Judiciary, and Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for
[[Page 472]]
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NADLER:
H.R. 3071. A bill to combat terrorism; to the Committee on
the Judiciary.
By Mr. PORTMAN:
H.R. 3072. A bill to direct the Secretary of the Army to
convey to the village of Mariemont, OH, a parcel of land that
is under the jurisdiction of the Corps of Engineers, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mrs. ROUKEMA (for herself and Mr. Torricelli):
H.R. 3073. A bill to amend the Communications Act of 1934
in order to allow the continued operation of certain
overlapping stations; to the Committee on Commerce.
By Mr. FATTAH (for himself, Mr. Hilliard, Mrs. Meek of
Florida, Mr. Jefferson, Mr. Gordon, Ms. Norton, Mr.
English of Pennsylvania, Mr. Dellums, Mr. Foglietta,
Mr. Hinchey, Ms. Eddie Bernice Johnson of Texas, Mr.
Gonzalez, Ms. Jackson-Lee, Mr. Kleczka, Mr. Klink,
Mr. Pastor, Mrs. Collins of Illinois, Mr. Barrett of
Wisconsin, Mr. Coyne, Mr. Clinger, Mr. Underwood, Mr.
Quinn, Mrs. Clayton, Mr. Fox, Mr. Owens, Mr. Frazer,
Mr. Rush, Mr. Towns, Mr. Jacobs, Mr. Thompson, Ms.
McKinney, Mr. Hastings of Florida, Mr. Clyburn, Mr.
Payne of New Jersey, Mr. Clement, Mr. Gutierrez, Mr.
Abercrombie, Mr. Nadler, Mr. Conyers, Ms. Lofgren,
Mr. Horn, Mr. Stokes, Mr. Brown of California, Mr.
Flake, Mr. Bonior, Mr. Frost, Mr. Bryant of Texas,
Mr. Kildee, Mr. Wynn, Mr. Richardson, Mr. Fields of
Louisiana, Mr. Lewis of Georgia, Ms. Waters, Mr.
Scott, Mr. Dixon, Mr. Lipinski, and Mr. Engel):
H. Con. Res. 151. Concurrent resolution recognizing the
importance of African-American music to global culture and
calling on the people of the United States to study, reflect
on, and celebrate African-American music; to the Committee on
Economic and Educational Opportunities.
By Mr. LANTOS (for himself, Mr. Bereuter, Mr. Barr, Mr.
Bass, Mr. Bartlett of Maryland, Mr. Ballenger, and
Mr. Watts of Oklahoma):
H. Res. 378. Resolution deploring recent actions by the
Government of Serbia that restrict freedom of the press and
freedom of expression and prevent the Soros Foundation from
continuing its democracy-building and humanitarian activities
on its territory and calling upon the Government of Serbia to
remove immediately restrictions against freedom of the press
and the operation of the Soros Foundation; to the Committee
on International Relations.
By Mr. PORTER:
H. Res. 379. Resolution expressing the sense of the House
of Representatives concerning the eighth anniversary of the
massacre of over 5,000 Kurds as a result of a gas bomb attack
by the Iraqi Government; to the Committee on International
Relations.
para.26.47 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
205. The SPEAKER presented a memorial of the Legislature of
the State of West Virginia, relative to requesting the
Congress of the United States to enact legislation that would
enable the States to control the indiscriminate importation
of solid waste; to the Committee on Commerce.
para.26.48 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 294: Mr. Mollohan, Mr. Olver, Mr. Gejdenson, Mr.
Martinez, Mr. Sabo, Ms. Roybal-Allard, Mr. Jacobs, Mr. Evans,
Mr. LaHood, and Mr. Wynn.
H.R. 449: Mr. Thompson.
H.R. 777: Mr. Flanagan, Mr. Gutierrez, and Mr. Watt of
North Carolina.
H.R. 778: Mr. Flanagan, Mr. Gutierrez, and Mr. Watt of
North Carolina.
H.R. 779: Mr. Dixon, Ms. Eddie Bernice Johnson of Texas,
and Ms. Brown of Florida.
H.R. 780: Mr. Dixon, Ms. Eddie Bernice Johnson of Texas,
and Ms. Brown of Florida.
H.R. 833: Ms. Brown of Florida.
H.R. 878: Mr. Whitfield, Mr. Funderburk, and Mr. Baker of
Louisiana.
H.R. 957: Mr. Weller.
H.R. 969: Mr. Traficant.
H.R. 972: Mrs. Lincoln.
H.R. 1127: Mr. Crapo.
H.R. 1226: Mr. Hutchinson and Mr. Cunningham.
H.R. 1462: Mr. Cardin and Mr. Quinn.
H.R. 1499: Mr. Hamilton.
H.R. 1527: Mr. McInnis.
H.R. 1591: Mr. Bryant of Texas.
H.R. 1618: Mr. Hancock.
H.R. 1625: Mrs. Chenoweth and Mr. Coburn.
H.R. 1627: Mr. McDade.
H.R. 1677: Mr. Dingell.
H.R. 1733: Mr. Longley, Mr. Montgomery, and Mr. Crane.
H.R. 1776: Mr. Ehlers, Mr. Frelinghuysen, Mr. Parker, Mr.
McIntosh, Mr. Barrett of Wisconsin, Mr. English of
Pennsylvania, Mr. Kleczka, and Mr. Montgomery.
H.R. 1805: Mr. Traficant, Mr. Whitfield, Mr. Funderburk,
Ms. Molinari, and Mr. Pete Geren of Texas.
H.R. 1846: Mr. Reed and Mr. Flake.
H.R. 1965: Mr. Gallegly, Mr. Bilirakis, and Mr. McHugh.
H.R. 2071: Mr. Frazer.
H.R. 2167: Mr. Martinez and Mr. Hall of Ohio.
H.R. 2270: Mr. Largent.
H.R. 2306: Mr. Hinchey and Mr. Hoyer.
H.R. 2400: Mr. Hayes and Mr. Coburn.
H.R. 2480: Mr. McHugh.
H.R. 2511: Mrs. Maloney.
H.R. 2566: Mr. Barrett of Wisconsin.
H.R. 2579: Mr. Hall of Ohio, Mr. Smith of New Jersey, Mr.
Cardin, and Mr. Bryant of Tennessee.
H.R. 2634: Mr. Holden.
H.R. 2651: Mr. Bonior, Mr. Olver, and Mr. Frank of
Massachusetts.
H.R. 2654: Mr. Waxman.
H.R. 2655: Mrs. Roukema.
H.R. 2664: Mr. Crapo and Mr. Pomeroy.
H.R. 2682: Mr. Lazio of New York.
H.R. 2694: Ms. Norton, Mr. LaFalce, Ms. Lofgren, Mr.
Filner, Mr. Hinchey, Mr. Frost, Ms. Eddie Bernice Johnson of
Texas, and Mrs. Lowey.
H.R. 2727: Mr. Funderburk, Mr. Ney, and Mr. Herger.
H.R. 2740: Mr. Bono and Mr. McCollum.
H.R. 2747: Mr. Young of Alaska, Mr. Minge, and Mr. Weller.
H.R. 2757: Mr. Coble, Mr. Sanders, Mr. Boehlert, and Mr.
Kleczka.
H.R. 2771: Mr. Barton of Texas.
H.R. 2779: Mr. Barcia of Michigan, Mr. Camp, Mr.
Cunningham, Mr. Ganske, Mr. McHugh, Ms. Pryce, and Mr. Royce.
H.R. 2827: Mrs. Lowey.
H.R. 2828: Mr. Bilirakis and Mr. Foley.
H.R. 2844: Mrs. Lowey, Mr. Frazer, Mr. Blute, Mr. Hoke, and
Mr. Meehan.
H.R. 2898: Mr. Allard and Mr. Brownback.
H.R. 2911: Mr. Bunning of Kentucky, Mr. Dornan, Mr.
Funderburk, Mr. Stockman, Mr. Hutchinson, and Mr. Holden.
H.R. 2921: Mr. Miller of Florida.
H.R. 2925: Mr. Scarborough, Mr. Knollenberg, Mr. Barcia of
Michigan, Mr. Stump, Mr. Taylor of North Carolina, Mr.
Zimmer, Ms. Dunn of Washington, Mr. Hostettler, Mr. Saxton,
Mr. Fox, Mr. Barr, Mr. Hayes, Mr. Portman, Mr. Mica, Mr.
McIntosh, Mr. Salmon, Mr. Combest, Mr. Cramer, Mr. Pickett,
Ms. Pryce, Mr. Latham, Mr. Shadegg, Mr. Nussle, Mr.
Thornberry, Mr. Dickey, Mr. Crapo, Mr. Bunning of Kentucky,
Mr. Gordon, Mr. Duncan, Mr. Sanford, and Mr. Bartlett of
Maryland.
H.R. 2926: Mr. Oxley.
H.R. 2938: Mr. Ney, Mr. Linder, and Mr. Davis.
H.R. 2959: Mr. Riggs and Mr. Richardson.
H.R. 2976: Mr. Burton of Indiana, Mr. DeFazio, Mr. Frost,
Mr. Hilliard, Mr. Hutchinson, Mr. Olver, Mr. Poshard, and Mr.
Rangel.
H.R. 2992: Mr. Bliley.
H.R. 2994: Ms. Molinari, Mrs. Lowey, Mr. Houghton, Mr.
Walsh, Mr. Klink, Mr. Kleczka, Mr. Neal of Massachusetts, and
Mr. Doolittle.
H.R. 3002: Mr. Hastert.
H.R. 3011: Mrs. Chenoweth, Mr. Cunningham, Mr. Funderburk,
Mr. Davis, Mr. Crane, and Mr. Clinger.
H.R. 3012: Mr. Bilirakis, Mrs. Collins of Illinois, Mr.
Lewis of Georgia, Mr. Condit, Ms. McKinney, and Mr. Thompson.
H.R. 3032: Mr. Fox.
H.R. 3043: Mr. Greenwood.
H.R. 3050: Mr. Brewster, Mr. Traficant, Mr. Frost, Mr.
Minge, and Mr. Lipinski.
H.J. Res. 90: Mr. Hancock.
H.J. Res. 117: Mr. Barcia of Michigan.
H.J. Res. 162: Mr. Hutchinson and Mr. Hunter.
H. Con. Res. 10: Mr. Clinger.
H. Con. Res. 102: Mr. Rohrabacher and Mr. Olver.
H. Con. Res. 119: Mr. Shays, Mr. Dixon, and Mr. Romero-
Barcelo.
H. Con. Res. 140: Mr. Martinez, Mr. Levin, and Mr. Frank of
Massachusetts.
H. Con. Res. 149: Mr. Waxman, Mr. Hayworth, Mr. McDermott,
Mr. Bentsen, Mr. Coble, Mr. Hall of Ohio, Mr. Royce, Mr.
Frank of Massachusetts, Mr. Andrews, Mr. Zimmer, Mr. Johnson
of South Dakota, Mr. DeLay, Mr. Graham, Mr. Serrano, Mr.
Hastings of Washington, Ms. DeLauro, Mr. Owens, Mr. Shays,
Mr. Taylor of North Carolina, Mr. Manzullo, Ms. Furse, Mr.
Watts of Oklahoma, Mr. Hamilton, Mr. Hinchey, Mr. Cunningham,
and Mr. Manton.
H. Res. 30: Mr. Kingston, Mr. Stark, Mr. Dingell, Mr.
Latham, and Mr. Christensen.
H. Res. 39: Mr. Payne of New Jersey, Mr. Sanders, Ms.
Lofgren, Mr. Farr, Mr. Stark, Mr. Wynn, Mr. Hilliard, Mr.
McDermott, Mr. DeFazio, Mr. Reed, Mrs. Kennelly, Mrs.
Clayton, and Mr. Durbin.
H. Res. 358: Ms. Pelosi, Mr. Torres, Mr. Dooley, and Mr.
Frank of Massachusetts.
para.26.49 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1963: Mrs. Thurman.
.
WEDNESDAY, MARCH 13, 1996 (27)
para.27.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. EVERETT,
who laid before the House the following communication:
[[Page 473]]
Washington, DC,
March 13, 1996.
I hereby designate the Honorable Terry Everett to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.27.2 approval of the journal
The SPEAKER pro tempore, Mr. EVERETT, announced he had examined and
approved the Journal of the proceedings of Tuesday, March 12, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.27.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2240. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-221, ``Prison
Industrial Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2241. A letter from the Chairman, African Development
Foundation, transmitting the 1995 annual report in compliance
with the Inspector General Act Amendments of 1988, pursuant
to Public Law 100-504, section 104(a) (102 Stat. 2525); to
the Committee on Government Reform and Oversight.
2242. A letter from the Chairman, Consumer Product Safety
Commission, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2243. A letter from the Chairman, Federal Maritime
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2244. A letter from the General Counsel, Office of National
Drug Control Policy, transmitting a report of activities
under the Freedom of Information Act for calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
2245. A letter from the Director, Office of Personnel
Management, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2246. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2247. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
a copy of the final rulemaking governing bidding for OCS
natural gas and oil leases, pursuant to 43 U.S.C. 1337(a)(4);
to the Committee on Resources.
para.27.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a concurrent resolution of the
following title, in which the concurrence of the House is requested:
S. Con. Res. 45. Concurrent resolution authorizing the use
of the Capitol Rotunda on May 2, 1996, for the presentation
of the Congressional Gold Medal to Reverend and Mrs. Billy
Graham.
The message also announced that the Senate agrees to the amendment of
the House to the bill (S. 1494) ``An Act to provide an extension for
fiscal year 1996 for certain programs administered by the Secretary of
Housing and Urban Development and the Secretary of Agriculture, and for
other purposes.''.
The message also announced that pursuant to section 9355(a) of title
10, United States Code, the Chair, on behalf of the Vice President,
appoints Mr. Burns, from the Committee on Appropriations, Mr.
Kempthorne, from the Committee on Armed Services, and Mr. Exon, at
large, to the Board of Visitors of the United States Air Force Academy.
The message also announced that pursuant to section 4355(a) of title
10, United States Code, the Chair, on behalf of the Vice President,
appoints Mr. Cochran, from the Committee on Appropriations, Mr. Reid,
from the Committee on Appropriations, Mrs. Hutchison, from the Committee
on Armed Services, and Mr. Levin, at large, to the Board of Visitors of
the United States Military Academy.
The message also announced that pursuant to section 6968(a) of title
10, United States Code, the Chair, on behalf of the Vice President,
appoints Mr. Hatfield, from the Committee on Appropriations, Ms.
Mikulski, from the Committee on Appropriations, Mr. McCain, from the
Committee on Armed Services, and Mr. Sarbanes, at large, to the Board of
Visitors of the United States Naval Academy.
para.27.5 committees and subcommittees to sit
On motion of Ms. PRYCE, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Banking and Financial Services, the
Committee on Commerce, the Committee on Government Reform and Oversight,
the Committee on International Relations, the Committee on National
Security, the Committee on Resources, and the Committee on
Transportation and Infrastructure.
para.27.6 providing for the consideration of h.r. 2703
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 380):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 2703) to combat terrorism. The first reading
of the bill shall be dispensed with. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary. After general
debate the bill shall be considered for amendment under the
five-minute rule and shall be considered as read. No
amendment shall be in order except those printed in the
report of the Committee on Rules accompanying this resolution
and amendments en bloc described in section 2 of this
resolution. Each amendment printed in the report may be
considered only in the order printed, may be offered only by
a Member designated in the report, shall be considered as
read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against amendments printed
in the report are waived. The chairman of the Committee of
the Whole may postpone until a time during further
consideration in the Committee of the Whole a request for a
recorded vote on any amendment. The chairman of the Committee
of the Whole may reduce to not less than five minutes the
time for voting by electronic device on any postponed
question that immediately follows another vote by electronic
device without intervening business, provided that the time
for voting by electronic device on the first in any series of
questions shall be not less than fifteen minutes. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. It shall be in order at any time for the chairman
of the Committee on the Judiciary or a designee to offer
amendments en bloc consisting of amendments printed in the
report of the Committee on Rules accompanying this resolution
that were not earlier disposed of or germane modifications of
any such amendments. Amendments en bloc offered pursuant to
this section shall be considered as read (except the
modifications shall be reported), shall be debatable for
twenty minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on the Judiciary
or their designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. For the
purpose of inclusion in such amendments en bloc, an amendment
printed in the form of a motion to strike may be modified to
the form of a germane perfecting amendment to the text
originally proposed to be stricken. All points of order
against such amendment en bloc are waived. The original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
Sec. 3. After passage of H.R. 2703, it shall be in order to
take from the Speaker's table the bill (S. 735) to prevent
and punish acts of terrorism, and for other purposes, and to
consider the Senate bill in the House. It shall be in order
to move to strike all after the enacting clause of the Senate
bill and to insert in lieu thereof the provisions of H.R.
2703 as passed by the House. If the motion is adopted and the
Senate bill, as amended, is passed, then it shall be in order
to more that the House insist on its amendments to S. 735 and
request a conference with the Senate thereon.
When said resolution was considered.
After debate,
On motion of Ms. PRYCE, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. EVERETT, announced that the yeas had it.
[[Page 474]]
Ms. SLAUGHTER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
251
When there appeared
<3-line {>
Nays
157
para.27.7 [Roll No. 60]
YEAS--251
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Johnston
Jones
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--157
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Bishop
Bonior
Borski
Brewster
Browder
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Dingell
Dixon
Dooley
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Harman
Hefley
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
LaHood
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Moran
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Rahall
Rangel
Reed
Rivers
Roemer
Roybal-Allard
Sabo
Salmon
Sanders
Sawyer
Scarborough
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Tiahrt
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Williams
Woolsey
Wynn
Yates
NOT VOTING--23
Brown (CA)
Bryant (TX)
Chapman
Chenoweth
Collins (IL)
Collins (MI)
de la Garza
Hoke
Laughlin
Livingston
McDermott
Moakley
Nadler
Neumann
Ortiz
Porter
Riggs
Rush
Sisisky
Stokes
Waxman
Whitfield
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
By unanimous consent, House Resolution 376 was laid on the table.
para.27.8 anti-terrorism
The SPEAKER pro tempore, Mr. EVERETT, pursuant to House Resolution 380
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2703) to combat terrorism.
The SPEAKER pro tempore, Mr. EVERETT, by unanimous consent, designated
Mr. LINDER as Chairman of the Committee of the Whole; and after some
time spent therein,
para.27.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BARR:
Page 28, strike lines 10 through 20, and insert the
following:
SEC. 112. STUDY AND RECOMMENDATIONS FOR ASSESSING AND
REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS
FROM THE CRIMINAL USE OF FIREARMS AND
AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the
Attorney General, shall conduct a study and make
recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade, for law
enforcement officers, including--
(A) those officers who were feloniously killed or seriously
injured and those that died or were seriously injured as a
result of accidents or other non-felonious causes; and
(B) those officers feloniously killed or seriously injured
with firearms, those killed or seriously injured with,
separately, handguns firing handgun caliber ammunition,
handguns firing rifle caliber ammunition, rifles firing rifle
caliber ammunition, rifles firing handgun caliber ammunition
and shotguns; and
(C) those officers feloniously killed or seriously injured
with firearms, and killings or serious injuries committed
with firearms taken by officers' assailants from officers,
and those committed with other officers' firearms; and
(D) those killed or seriously injured because shots
attributable to projectiles defined as ``armor piercing
ammunition'' under 18, Sec. 921(a)(17)(B)(i) and (ii) pierced
the protective material of bullet resistant vests or bullet
resistant headgear; and
(2) whether current passive defensive strategies, such as
body armor, are adequate to counter the criminal use of
firearms against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities; and
(B) their common uses, according to consultations with
industry, sporting organizations and law enforcement; and
(C) the calibers commonly used for civilian defensive or
sporting uses that would be affected by any prohibition on
non-law enforcement sales of such ammunition, if such
ammunition is capable of penetrating minimum level bullet
resistant vests; and
(D) recommendations for increase in body armor capabilities
to further protect law enforcement from threat.
(b) In conducting the study, the Secretary shall consult
with other Federal, State and local officials, non-
governmental organizations, including all national police
organizations, national sporting organizations and national
industry associations with expertise in this area and such
other individuals as shall be deemed necessary. Such study
shall be presented to Congress twelve months after the
enactment of this Act and made available to the public,
including any data tapes or data used to form such
recommendations.
(c) There are authorized to be appropriated for the study
and recommendations such sums as may be necessary.
Page 34, strike line 6, and all that follows through the
matter following line 2 but before line 3 on page 47.
Redesignate succeeding sections accordingly.
Page 48, strike lines 3 through 14.
Redesignate succeeding sections accordingly.
Page 63, strike line 14 and all that follows through line
23 on page 94.
Redesignate succeeding sections accordingly.
Page 95, strike line 10 and all that follows through line
17 on page 100.
Redesignate succeeding sections accordingly.
[[Page 475]]
Page 6, line 1, strike ``or should have known''.
Page 32, line 22, strike the one-m dash and all that
follows through ``(2)'' on page 33, run in the material
before and after the matter so stricken, and realign the
margins of lines 1 through 5 on page 33 so as to be flush to
the margin.
Page 47, after line 22, insert the following:
(b) Exclusion.--No study undertaken under this section
shall include black or smokeless powder among the explosive
materials considered.
Page 47, line 23, strike ``(b)'' and insert ``(c)''.
Page 49, strike line 12 and all that follows through line 7
on page 51.
Redsignate succeeding sections accordingly.
It was decided in the
Yeas
246
<3-line {>
affirmative
Nays
171
para.27.10 [Roll No. 61]
AYES--246
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Bateman
Bentsen
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Chabot
Chambliss
Christensen
Chrysler
Clement
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Evans
Everett
Ewing
Fields (TX)
Foley
Forbes
Fowler
Frisa
Frost
Funderburk
Gekas
Geren
Gillmor
Goodlatte
Gordon
Goss
Graham
Green
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hutchinson
Inglis
Istook
Jacobs
Jefferson
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manzullo
Mascara
McCrery
McDade
McHugh
McInnis
McIntosh
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Montgomery
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Oberstar
Obey
Ortiz
Orton
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Upton
Volkmer
Vucanovich
Waldholtz
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wise
Young (AK)
Young (FL)
Zeliff
NOES--171
Ackerman
Andrews
Baesler
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Buyer
Canady
Cardin
Castle
Clay
Clayton
Clinger
Clyburn
Collins (MI)
Conyers
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Dooley
Dunn
Durbin
Engel
Eshoo
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hastings (FL)
Heineman
Hilliard
Horn
Houghton
Hoyer
Hunter
Hyde
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lowey
Luther
Maloney
Manton
Markey
Martini
Matsui
McCarthy
McCollum
McDermott
McHale
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Mink
Molinari
Moorhead
Moran
Morella
Nadler
Neal
Nussle
Olver
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Porter
Quinn
Rangel
Reed
Regula
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Sabo
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Slaughter
Stark
Stearns
Studds
Stupak
Thompson
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Walker
Ward
Weldon (PA)
Wolf
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--14
Bryant (TX)
Chapman
Chenoweth
Collins (IL)
de la Garza
Duncan
Laughlin
Martinez
Moakley
Rush
Sisisky
Stokes
Waxman
Wilson
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. GOSS, assumed the Chair.
When Mr. LINDER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.27.11 order of business--consideration of amendment--h.r. 2037
On motion of Mr. DOOLITTLE, by unanimous consent,
Ordered, That, during further consideration of H.R. 2703 pursuant to
House Resolution 380, Mr. Doolittle may be permitted to offer the
amendment numbered 7, as printed in House Report No. 104-480, out of the
specified order and immediately following the amendment mumbered 15.
para.27.12 order of business--consideration of amendment--h.r. 2703
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That, during further consideration of H.R. 2703 pursuant to
House Resolution 380, when the Committee of the Whole House on the state
of the Union resumes proceedings on the request for a recorded vote on
the amendment numbered 10, as printed in House Report No. 104-480,
debate on said amendment shall be for an additional ten minutes, to be
equally divided and controlled by the proponent and an opponent.
para.27.13 change of conferee--h.r. 956
The SPEAKER pro tempore, Mr. GOSS, by unanimous consent, appointed Mr.
Markey as a conferee on the part of the House to the conference with the
Senate on the disagreeing votes of the two Houses on the amendment of
the Senate to the bill (H.R. 956) to establish legal standards and
procedures for product liability litigation, and for other purposes,
vice Mr. Wyden, resigned.
Ordered, That the Clerk notify the Senate thereof.
para.27.14 anti-terrorism
The SPEAKER pro tempore, Mr. GOSS, pursuant to House Resolution 380
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2703) to combat terrorism.
Mr. LINDER, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
The SPEAKER pro tempore, Mr. DOOLITTLE, assumed the Chair.
When Mr. LINDER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.27.15 order of business--consideration of h.j. res. 163
On motion of Mr. LIVINGSTON, by unanimous consent,
Ordered, That the Committee on Appropriations be discharged from
further consideration of the joint resolution (H.J. Res. 163) making
further continuing appropriations for the fiscal year 1996, and for
other purposes, when said joint resolution is called up; and
Ordered further, That it be in oder at any time to consider the joint
resolution in the House; that the joint resolution be debatable for not
to exceed one hour, to be equally divided and controlled by Mr.
Livingston and Mr. Obey; that all points of order against the joint
resolution and against its consideration be waived; and that the
previous question be considered as ordered on the joint resolution to
final
[[Page 476]]
passage without intervening motion, except one motion to recommit, with
or without instructions.
para.27.16 use of the capitol rotunda
On motion of Mr. McCOLLUM, by unanimous consent, the following
concurrent resolution of the Senate was taken from the Speaker's table
(S. Con. Res. 45):
Resolved by the Senate (the House of Representatives
concurring), That the rotunda of the United States Capitol is
hereby authorized to be used on May 2, 1996, at 2 o'clock
post meridian for the presentation of the Congressional Gold
Medal to Reverend and Mrs. Billy Graham. Physical
preparations for the conduct of the ceremony shall be carried
out in accordance with such conditions as may be prescribed
by the Architect of the Capitol.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.27.17 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Kalbough, one of his secretaries.
para.27.18 message from the president--impoundment control
The SPEAKER pro tempore, Mr. CHRYSLER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report five proposed rescissions of budgetary
resources, totaling $50 million. These rescission proposals affect the
Department of Defense.
William J. Clinton.
The White House, March 13, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-186).
para.27.19 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. SISISKY, for today; and
To Mr. MYERS, for today from 5 p.m.
And then,
para.27.20 adjournment
On motion of Mr. SCARBOROUGH, at 9 o'clock and 45 minutes p.m., the
House adjourned.
para.27.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CRANE (for himself, Mr. Shaw, and Mr. Rangel):
H.R. 3074. A bill to amend the United States-Israel Free
Trade Area Implementation Act of 1985 to provide the
President with additional proclamation authority with respect
to articles of the West Bank or Gaza Strip or a qualifying
industrial zone; to the Committee on Ways and Means.
By Mr. CRANE:
H.R. 3075. A bill authorizing participation by the United
States in the North American Free-Trade Agreement
Coordinating Secretariat; to the Committee on Ways and Means.
By Mr. SMITH of Texas (for himself, Mr. Kasich, Mr.
Miller of Florida, Mr. Largent, Mr. Bass, Mrs.
Myrick, Ms. Molinari, Mr. Hoke, Mr. Herger, Mr.
Radanovich, Mr. Kolbe, Mr. Brownback, Mr. Shays, Mr.
Inglis of South Carolina, Mr. Allard, Mr. Lazio of
New York, Mr. Smith of Michigan, and Mr. Condit):
H.R. 3076. A bill to amend the Congressional Budget Act of
1974 and chapter 11 of title 31, United States Code, to
require that reports accompanying concurrent resolutions on
the budget include analyses, prepared after consultation with
the Congressional Budget Office, of generational accounting
information and that Presidents' annual budget submissions
include generational accounting information; to the Committee
on the Budget, and in addition to the Committee on Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. POMEROY (for himself and Mrs. Johnson of
Connecticut):
H.R. 3077. A bill to establish a Commission on Retirement
Income Policy; to the Committee on Economic and Educational
Opportunities.
By Mr. CLINGER (for himself, Mr. Tauzin, Mr. Gilman,
Mr. Shuster, Mr. Young of Alaska, Mr. Goodling, Mr.
Livingston, Mr. Stump, Mr. Hansen, Mr. Roberts, Mr.
Wolf, Mr. Burton of Indiana, Mrs. Vucanovich, Mr.
Barton of Texas, Mr. Myers of Indiana, Mr. Bunning of
Kentucky, Mr. Hastert, Mr. Hefley, Mr. Shays, Mr.
Smith of Texas, Mr. Parker, Mr. Cunningham, Mr.
Ewing, Mr. Zeliff, Mr. Bachus, Mr. Calvert, Mr.
Hoekstra, Mr. Horn, Mr. Hutchinson, Mr. Lazio of New
York, Mr. Mica, Mr. Smith of Michigan, Mr. Talent,
Mr. Bass, Mr. Cooley, Mr. Davis, Mr. Ehrlich, Mr.
Fox, Mr. Gutknecht, Mr. Hayworth, Mr. Hostettler, Mr.
LaTourette, Mr. McIntosh, Mr. Scarborough, Mr.
Shadegg, Mrs. Seastrand, Mr. Souder, Mr. Stockman,
Mr. Tiahrt, Mr. Hobson, Mr. Bliley, and Mr.
Nethercutt):
H.R. 3078. A bill to amend title 31, United States Code, to
prohibit the use of appropriated funds by Federal agencies
for lobbying activities; to the Committee on Government
Reform and Oversight.
By Mr. COBURN (for himself and Mr. Brown of Ohio):
H.R. 3079. A bill to amend title XVIII of the Social
Security Act to assure access to services under the Medicare
Health Maintenance Organization Program; to the Committee on
Ways and Means, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. GOODLING:
H.R. 3080. A bill to amend title 18, United States Code, to
impose stiffer penalties on persons convicted of lesser drug
offenses; to the Committee on the Judiciary.
By Mr. RICHARDSON:
H.R. 3081. A bill to amend title III of the Public Health
Service Act to consolidate and reauthorize provisions
relating to health centers, and for other purposes; to the
Committee on Commerce.
By Mr. LIVINGSTON:
H.J. Res. 163. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
By Mr. MARKEY (for himself, Mr. Solomon, Mr. Kasich,
Mr. Frank of Massachusetts, and Mr. Scarborough):
H. Res. 381. Resolution expressing the sense of the House
of Representatives regarding sanctions on nations that assist
in the development of nuclear weapon programs of nonnuclear
weapon states; to the Committee on International Relations.
para.27.22 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
206. By the SPEAKER: Memorial of the Senate of the State of
Washington, relative to requesting that a public and a
private sector representative of the Pacific Northwest
Economic Region be appointed to the National Tourism Board
and the National Tourism Organization respectively; to the
Committee on Commerce.
207. Also, memorial of the Senate of the State of
Washington, relative to the Senate of the State of Washington
opposing any proposal that would levy a fee on any
individuals crossing the borders of the United States; to the
Committee on the Judiciary.
para.27.23 private bills and resolutions
Under clause 1 of rule XXII,
Mr. CASTLE introduced a bill (H.R. 3082) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Magic Moments; which was
referred to the Committee on Transportation and
Infrastructure.
para.27.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Hastings of Washington and Mr. Hunter.
H.R. 103: Mr. Luther and Mr. Doyle.
H.R. 294: Mr. Frank of Massachusetts, Mr. Thompson, Mr.
Faleomavaega, and Mr. Durbin.
H.R. 303: Mr. Hastings of Washington and Mr. Hunter.
H.R. 491: Mr. McInnis.
H.R. 559: Mr. Sanders.
H.R. 620: Mr. Hastings of Florida, Ms. McKinney, Mr. Yates,
and Mr. Frazier.
H.R. 852: Ms. Rivers.
H.R. 1000: Mr. Ward.
H.R. 1023: Mr. Rangel and Mr. Stark.
H.R. 1073: Mr. Johnson of South Dakota, Ms. Waters, Mr.
Neal of Massachusetts, Mr. Meehan, Mr. Kennedy of Rhode
Island, Mr. Rangel, Mr. Wise, Mr. Jefferson, Mr. Mollohan,
Mr. Kleczka, and Mr. Scarborough.
H.R. 1074: Mr. Johnson of South Dakota, Ms. Waters, Mr.
Neal of Massachusetts, Mr. Meehan, Mr. Kennedy of Rhode
Island, Mr. Rangel, Mr. Wise, Mr. Jefferson, Mr. Mollohan,
Mr. Kleczka, and Mr. Scarborough.
H.R. 1352: Mr. Cremeans and Mr. Walsh.
H.R. 1386: Mr. McKeon.
H.R. 1591: Mr. Borski.
H.R. 1610: Mr. Roberts.
H.R. 1627: Mr. Graham and Mr. Kolbe.
H.R. 1684: Mr. Shuster, Mr. Burton of Indiana, Mr. Cardin,
Mr. Frank of Massachu
[[Page 477]]
setts, Mr. Wamp, Mr. Matsui, Mr. Frazer, and Mr. Hutchinson.
H.R. 1776: Mr. Bereuter, Mr. Gilman, Mr. Hyde, Mr. Franks
of New Jersey, Mr. Canady, Mr. Traficant, Mr. LaHood, Mr.
Dornan, Mr. Thomas, Mr. Saxton, Mr. Cox, Mr. Schaefer, Mr.
Pombo, Mr. Hancock, Mr. Schiff, and Mr. Gunderson.
H.R. 1946: Mr. Ewing and Mr. Skeen.
H.R. 1998: Mr. Gene Green of Texas, Mr. Hastings of
Washington, and Mr. Cooley.
H.R. 2019: Mr. Burr.
H.R. 2182: Mr. Horn.
H.R. 2200: Mr. Shuster, Mr. Schaefer, and Mr. Clinger.
H.R. 2270: Mr. Norwood.
H.R. 2320: Mr. Greenwood, Mr. Ehlers, Mr. Allard, Mrs.
Roukema, Mr. Upton, Mr. Weller, Mr. Baker of Louisiana, Mrs.
Kelly, Ms. Pryce, Mr. Ensign, and Mr. Minge.
H.R. 2333: Mr. Calvert and Mr. Bentsen.
H.R. 2416: Mrs. Roukema.
H.R. 2458: Mr. Cooley, Mr. DeFazio, Ms. Pelosi, and Mr.
Linder.
H.R. 2500: Mr. Paxon.
H.R. 2548: Mr. English of Pennsylvania, Ms. Norton, and Mr.
Baker of Louisiana.
H.R. 2723: Ms. Pryce.
H.R. 2757: Ms. Rivers.
H.R. 2881: Mr. Clinger and Mr. Minge.
H.R. 2909: Mr. Zeliff.
H.R. 2919: Mr. Frelinghuysen.
H.R. 2925: Mr. Ballenger, Mr. Cunningham, Mr. Upton, Mr.
Parker, Mr. Zeliff, Mr. Hobson, and Mr. Walsh.
H.R. 2932: Mr. Ganske.
H.R. 3002: Mr. Crane and Mrs. Roukema.
H.R. 3003: Mr. Pallone, Mr. Towns, Mr. Kennedy of
Massachusetts, Mrs. Clayton, Ms. Waters, Mr. Torres, and Mr.
Gutierrez.
H.R. 3065: Mr. Weldon of Florida and Mr. Norwood.
H.J. Res. 127: Mr. McKeon and Mr. Royce.
H. Con. Res. 10: Mr. Bono.
H. Con. Res. 51: Mr. Young of Florida, Ms. Slaughter, and
Mr. Berman.
H. Con. Res. 103: Mr. Hoke and Mrs. Kelly.
H. Con. Res. 120: Mr. Baker of Louisiana.
H. Con. Res. 127: Mr. Jacobs and Mr. Hoke.
H. Con. Res. 136: Ms. Slaughter, Mr. Porter, Mr.
Torricelli, Mr. Frazer, Mr. Berman, Mr. Torres, Ms. Roybal-
Allard, and Mr. Wolf.
H. Con. Res. 139: Mr. Ramstad.
H. Con. Res. 140: Mr. Rush.
H. Con. Res. 145: Mr. Hoke.
H. Con. Res. 148: Mr. Coble, Mr. Weldon of Pennsylvania,
Mr. Wicker, and Mr. Hunter.
H. Con. Res. 151: Mr. Clay, Mr. Watt of North Carolina, and
Ms. Brown of Florida.
H. Res. 360: Mr. Pastor, Mr. Hinchey, and Mr. Bryant of
Texas.
para.27.25 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 359: Mr. Longley.
H.R. 1591: Mr. Frost.
H.R. 1972: Mr. Barcia.
.
THURSDAY, MARCH 14, 1996 (28)
para.28.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. FOLEY,
who laid before the House the following communication:
Washington, DC,
March 14, 1996.
I hereby designate the Honorable Mark Foley to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.28.2 approval of the journal
The SPEAKER pro tempore, Mr. FOLEY, announced he had examined and
approved the Journal of the proceedings of Wednesday, March 13, 1996.
Mr. LUCAS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. FOLEY, announced that the yeas had it.
Mr. LUCAS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.28.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2248. A communication from the President of the United
States, transmitting his request for an fiscal year 1996
supplemental appropriation for support of the Israeli
Government's urgent requirement for counter-terrorism
assistance, and to designate the amount made available as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, pursuant to 31 U.S.C. 1107 (H. Doc. No.
104-187) to the Committee on Appropriations and ordered to be
printed.
2249. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2000 resulting from passage of H.R.
2196, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
2250. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
cooperative production and support of an expendable offboard
active electronic decoy for antiship missile defense
(Transmittal No. 07-96), pursuant to 22 U.S.C. 2767(f); to
the Committee on International Relations.
2251. A letter from the Chairman, National Endowment for
the Humanities, transmitting a report of activities under the
Freedom of Information Act for calendar year 1995, pursuant
to 5 U.S.C. 552; to the Committee on Government Reform and
Oversight.
2252. A letter from the Director, Office of Administration,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
2253. A letter from the Chairman, Railroad Retirement
Board, transmitting the Board's justification of budget
estimates for fiscal year 1997, pursuant to 45 U.S.C. 231f;
to the Committee on Transportation and Infrastructure.
para.28.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with amendments a bill of the House
of the following title:
H.R. 2854. An Act to modify the operation of certain
agricultural programs.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 2854) ``An Act to modify the operation of certain
agricultural programs,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Lugar, Mr.
Dole, Mr. Helms, Mr. Cochran, Mr. McConnell, Mr. Craig, Mr. Leahy, Mr.
Pryor, Mr. Heflin, Mr. Harkin, and Mr. Conrad, to be the conferees on
the part of the Senate.
para.28.5 committees and subcommittees to sit
On motion of Mr. KING, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Commerce, the Committee on Economic and
Educational Opportunities, the Committee on Government Reform and
Oversight, the Committee on International Relations, the Committee on
the Judiciary, the Committee on National Security, the Committee on
Resources, the Committee on Science, the Committee on Small Business,
the Committee on Transportation and Infrastructure, the Committee on
Veterans' Affairs, and the Permanent Select Committee on Intelligence.
para.28.6 further continuing appropriations for 1996
Mr. LIVINGSTON, pursuant to the special order of the House of March
13, 1996, called up the joint resolution (H.J. Res. 163) making further
continuing appropriations for fiscal year 1996, and for other purposes.
When said joint resolution was considered and read twice.
After debate,
The previous question having been ordered by said special order.
The joint resolution was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. FOLEY, announced that the yeas had it.
Mr. OBEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
238
When there appeared
<3-line {>
Nays
179
para.28.7 [Roll No. 62]
YEAS--238
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
[[Page 478]]
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Moran
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--179
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Barton
Becerra
Beilenson
Bentsen
Berman
Bevill
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Yates
NOT VOTING--14
Chapman
Collins (IL)
de la Garza
Dickey
Durbin
Greenwood
Lowey
Moakley
Myers
Pelosi
Rangel
Royce
Scott
Stokes
So the joint resolution was passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.28.8 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, March 13, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. FOLEY, announced that the yeas had it.
Mr. LaHOOD demanded a recorded vote on the Speaker's approval of the
Journal which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
Yeas
336
It was decided in the
Nays
73
<3-line {>
affirmative
Answered present
1
para.28.9 [Roll No. 63]
AYES--336
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flake
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Herger
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
LaTourette
Lazio
Leach
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Obey
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sanders
Sanford
Sawyer
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
[[Page 479]]
NOES--73
Abercrombie
Baldacci
Becerra
Borski
Brown (CA)
Brown (FL)
Clay
Clyburn
Coleman
Costello
DeFazio
English
Ensign
Everett
Fazio
Filner
Flanagan
Foglietta
Frost
Gephardt
Gibbons
Gillmor
Green
Gutknecht
Hastings (FL)
Hefley
Heineman
Hilleary
Hilliard
Hutchinson
Jacobs
Jefferson
Johnson, E.B.
Kennelly
LaFalce
Latham
Levin
Lewis (GA)
Longley
Markey
McDermott
McNulty
Nussle
Oberstar
Olver
Owens
Pallone
Peterson (MN)
Pickett
Pombo
Rush
Sabo
Salmon
Schroeder
Skaggs
Slaughter
Stark
Stenholm
Stockman
Taylor (MS)
Thompson
Thornton
Torkildsen
Torricelli
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Wise
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--21
Barr
Bilbray
Blute
Chapman
Collins (IL)
de la Garza
Dellums
Durbin
Gutierrez
Hefner
Laughlin
Lewis (CA)
Menendez
Moakley
Myers
Neal
Radanovich
Saxton
Skelton
Stokes
Wilson
So the Journal was approved.
para.28.10 submission of conference report--h.r. 956
Mr. HYDE submitted a conference report (Rept. No. 104-481) on the bill
(H.R. 956) to establish legal standards and procedures for product
liability litigation, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.28.11 anti-terrorism
The SPEAKER pro tempore, Mr. FOLEY, pursuant to House Resolution 380
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2703) to combat terrorism.
Mr. LINDER, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.28.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WATT of North
Carolina:
Page 151, strike line 6 and all that follows through line
25 on page 176.
It was decided in the
Yeas
135
<3-line {>
negative
Nays
283
para.28.13 [Roll No. 64]
AYES--135
Abercrombie
Ackerman
Baldacci
Barrett (WI)
Barton
Becerra
Beilenson
Berman
Bishop
Bonilla
Bonior
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Calvert
Campbell
Chenoweth
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Cooley
Coyne
Crapo
DeFazio
DeLauro
Dellums
Dicks
Dixon
Doggett
Dornan
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Miller (CA)
Minge
Mink
Mollohan
Nadler
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Pelosi
Pomeroy
Rahall
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Scarborough
Schiff
Schroeder
Scott
Serrano
Skaggs
Slaughter
Smith (WA)
Stark
Stockman
Studds
Stupak
Thompson
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOES--283
Allard
Andrews
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Crane
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Archer
Chapman
Coburn
Collins (IL)
Cremeans
de la Garza
Durbin
Franks (NJ)
Menendez
Moakley
Stokes
Watts (OK)
Wilson
So the amendment was not agreed to.
After some further time,
para.28.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. CONYERS:
Strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crimes Associated With
Terrorism Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CRIMINAL ACTS
Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism against children.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction
statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
TITLE II--INCREASED PENALTIES
Sec. 201. Penalties for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 204. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of
violence.
[[Page 480]]
TITLE III--INVESTIGATIVE TOOLS
Sec. 301. Study of tagging explosive materials, detection of explosives
and explosive materials, rendering explosive components
inert, and imposing controls of precursors of explosives.
Sec. 302. Requirement to preserve record evidence.
Sec. 303. Detention hearing.
Sec. 304. Reward authority of the Attorney General.
Sec. 305. Protection of Federal Government buildings in the District of
Columbia.
Sec. 306. Study of thefts from armories; report to the Congress.
TITLE IV--NUCLEAR MATERIALS
Sec. 401. Expansion of nuclear materials prohibitions.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.
TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 601. Removal procedures for alien terrorists.
TITLE VII--AUTHORIZATION AND FUNDING
Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive
detection devices and other counter-terrorism technology.
Sec. 703. Research and development to support counter-terrorism
technologies.
TITLE VIII--MISCELLANEOUS
Sec. 801. Study of State licensing requirements for the purchase and
use of high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist States.
Sec. 804. Compilation of statistics relating to intimidation of
government employees.
Sec. 805. Victim restitution Act.
TITLE I--CRIMINAL ACTS
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) Homicide.--Section 1114 of title 18, United States
Code, is amended to read as follows:
``Sec. 1114. Protection of officers and employees of the
United States
``Whoever kills or attempts to kill any officer or employee
of the United States or of any agency in any branch of the
United States Government (including any member of the
uniformed services) while such officer or employee is engaged
in or on account of the performance of official duties, or
any person assisting such an officer or employee in the
performance of such duties or on account of that assistance,
shall be punished, in the case of murder, as provided under
section 1111, or in the case of manslaughter, as provided
under section 1112, or, in the case of attempted murder or
manslaughter, as provided in section 1113.''.
(b) Threats Against Former Officers and Employees.--Section
115(a)(2) of title 18, United States Code, is amended by
inserting ``, or threatens to assault, kidnap, or murder, any
person who formerly served as a person designated in
paragraph (1), or'' after ``assaults, kidnaps, or murders, or
attempts to kidnap or murder''.
SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST
ORGANIZATIONS.
(a) In General.--The chapter 113B of title 18, United
States Code, that relates to terrorism is amended by adding
at the end the following:
``Sec. 2339B. Providing material support to terrorist
organizations
``(a) Offense.--Whoever, within the United States knowingly
provides material support or resources in or affecting
interstate or foreign commerce, to any organization which the
person knows or should have known is a terrorist organization
that has been designated under this section as a terrorist
organization shall be fined under this title or imprisoned
not more than 10 years, or both.
``(b) Terrorist Organization Defined.--
``(1) Designation.--For purposes of this section and the
Crimes Associated With Terrorism Act of 1996 and title V of
the Immigration and Nationality Act, the term `terrorist
organization' means a foreign organization designated in the
Federal Register as a terrorist organization by the Secretary
of State in consultation with the Attorney General, based
upon a finding that the organization engages in, or has
engaged in, terrorist activity that threatens the national
security of the United States.
``(2) Process.--At least 3 days before designating an
organization as a terrorist organization through publication
in the Federal Register, the Secretary of State, in
consultation with the Attorney General, shall notify the
Committees on the Judiciary of the House of Representatives
and the Senate of the intent to make such designation and the
findings and the basis for designation. The Secretary of
State, in consultation with the Attorney General, shall
create an administrative record prior to such designation and
may use classified information in making such a designation.
Such classified information is not subject to disclosure so
long as it remains classified, except as provided in
paragraph (3) for the purposes of judicial review of such
designation. The Secretary of State, in consultation with the
Attorney General, shall provide notice and an opportunity for
public comment prior to the creation of the administrative
record under this paragraph.
``(3) Judicial review.--Any organization designated as a
terrorist organization under the preceding provisions of this
subsection may, not later than 30 days after the date of the
designation, seek judicial review thereof in any United
States Court of Appeals of competent jurisdiction. The court
shall hold unlawful and set aside the designation if the
court finds the designation to be arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance with law,
not supported by a preponderance of the evidence, contrary to
constitutional right, power, privilege, or immunity, or not
in accord with the procedures required by law. Such review
shall proceed in an expedited manner. Designated
organizations shall have the opportunity to call witnesses
and present evidence in rebuttal of such designation. During
the pendency of the court's review of the designation, the
prohibition against providing material support to the
organization under this section shall not apply unless the
court finds that the Government is likely to succeed on the
merits of the designation. For the purposes of this section,
any classified information used in making the designation
shall be considered by the court, and provided to the
organization, under the procedures provided under title V of
the Immigration and Nationality Act.
``(4) Congressional authority to remove designation.--The
Congress reserves the authority to remove, by law, the
designation of an organization as a terrorist organization
under this subsection.
``(5) Sunset.--Subject to paragraph (4), the designation
under this subsection of an organization as a terrorist
organization shall be effective for a period of 2 years from
the date of the initial publication of the terrorist
organization designation by the Secretary of State. At the
end of such period (but no sooner than 60 days prior to the
termination of the 2-year designation period), the Secretary
of State, in consultation with the Attorney General, may
redesignate the organization in conformity with the
requirements of this subsection for designation of the
organization.
``(6) Other authority to remove designation.--The Secretary
of State, in consultation with the Attorney General, may
remove the terrorist organization designation from any
organization previously designated as such an organization,
at any time, so long as the Secretary publishes notice of the
removal in the Federal Register. The Secretary is not
required to report to Congress prior to so removing such
designation.
``(c) Definitions.--As used in this section, the term--
``(1) `material support or resources' has the meaning given
that term in section 2339A of this title; and
``(2) `terrorist activity' means any act in preparation for
or in carrying out a violation of section 32, 37, 351, 844(f)
or (i), 956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2331(1)(A), 2332, 2332a, or 2332b of this title or section
46502 of title 49, or in preparation for or in carrying out
the concealment or an escape from the commission of any such
violation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter 113B of title 18, United States
Code, that relates to terrorism is amended by inserting after
the item relating to section 2339a the following new item:
``2339b. Providing material support to terrorist organizations.''.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended
read as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for or in carrying out, a violation of section
32, 37, 81, 175, 351, 844(f) or (i), 956, 1114, 1116, 1203,
1361, 1363, 1751, 2280, 2281, 2332, 2332a, 2332b, or 2340 of
this title or section 46502 or 6012 of title 49, or in
preparation for or in carrying out the concealment or an
escape from the commission of any such violation, shall be
fined under this title, imprisoned not more than ten years,
or both.
``(b) Definition.--In this section, the term `material
support or resources' means currency or other financial
securities, financial services, lodging, training,
safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other
physical assets, except medicine or religious materials.''.
SEC. 104. ACTS OF TERRORISM AGAINST CHILDREN.
(a) Offense.--Title 18, United States Code, is amended by
inserting after section 2332a the following:
``Sec. 2332b. Acts of terrorism against children
``(a) Prohibited Acts.--
``(a) Whoever intentionally commits a Federal crime of
terrorism against a child, shall be fined under this title or
imprisoned for any term of years or for life, or both. This
section does not prevent the imposition of
[[Page 481]]
any more severe penalty which may be provided for the same
conduct by another provision of Federal law.
``(b) Definitions.--As used in this section--
``(1) the term `Federal crime of terrorism' means an
offense that--
``(A) is calculated to influence or affect the conduct of
government by intimidation or coercion, or to retaliate
against government conduct; and
``(B) is a violation of--
``(i) section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175 (relating to
biological weapons), 351 (relating to congressional, cabinet,
and Supreme Court assassination, kidnapping, and assault),
831 (relating to nuclear weapons), 842(m) or (n) (relating to
plastic explosives), 844(e) (relating to certain bombings),
844(f) or (i) (relating to arson and bombing of certain
property), 956 (relating to conspiracy to commit violent acts
in foreign countries), 1114 (relating to protection of
officers and employees of the United States), 1116 (relating
to murder or manslaughter of foreign officials, official
guests, or internationally protected persons), 1203 (relating
to hostage taking), 1361 (relating to injury of Government
property), 1362 (relating to destruction of communication
lines), 1363 (relating to injury to buildings or property
within special maritime and territorial jurisdiction of the
United States), 1366 (relating to destruction of energy
facility), 1751 (relating to Presidential and Presidential
staff assassination, kidnapping, and assault), 2152 (relating
to injury of harbor defenses), 2155 (relating to destruction
of national defense materials, premises, or utilities), 2156
(relating to production of defective national defense
materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2332 (relating to
certain homicides and violence outside the United States),
2332a (relating to use of weapons of mass destruction), 2332b
(relating to acts of terrorism transcending national
boundaries), 2339A (relating to providing material support to
terrorists), 2339B (relating to providing material support to
terrorist organizations), or 2340A (relating to torture) of
this title;
``(ii) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954; or
``(iii) section 46502 (relating to aircraft piracy), or
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49; and
``(2) the term `child' means an individual who has not
attained the age of 18 years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter 113B of title 18, United States
Code, that relates to terrorism is amended by inserting after
the item relating to section 2332a the following new item:
``2332b. Acts of terrorism against children.''.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18,
United States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure
persons or damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United
States, conspires with one or more other persons, regardless
of where such other person or persons are located, to commit
at any place outside the United States an act that would
constitute the offense of murder, kidnapping, or maiming if
committed in the special maritime and territorial
jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be
punished as provided in subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1)
of this section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the
offense is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United
States, conspires with one or more persons, regardless of
where such other person or persons are located, to damage or
destroy specific property situated within a foreign country
and belonging to a foreign government or to any political
subdivision thereof with which the United States is at peace,
or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or
any religious, educational, or cultural property so situated,
shall, if any of the conspirators commits an act within the
jurisdiction of the United States to effect any object of the
conspiracy, be imprisoned not more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956
in the table of sections at the beginning of chapter 45 of
title 18, United States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL
JURISDICTION OVER CERTAIN TERRORISM OFFENSES
OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``and later found in the
United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph
(1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national
of the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--
Section 32(b) of title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by inserting at the end the following: ``There is
jurisdiction over an offense under this subsection if a
national of the United States was on board, or would have
been on board, the aircraft; an offender is a national of the
United States; or an offender is afterwards found in the
United States. For purposes of this subsection, the term
`national of the United States' has the meaning prescribed in
section 101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other
Persons.--Section 1116 of title 18, United States Code, is
amended--
(1) in subsection (b), by adding at the end the following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United
States.''.
(d) Protection of Foreign Officials and Certain Other
Persons.--Section 112 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting `` `national of the
United States','' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United
States.''.
(e) Threats and Extortion Against Foreign Officials and
Certain Other Persons.--Section 878 of title 18, United
States Code, is amended--
(1) in subsection (c), by inserting `` `national of the
United States','' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United
States.''.
(f) Kidnapping of Internationally Protected Persons.--
Section 1201(e) of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under subsection (a)
is an internationally protected person outside the United
States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is
afterwards found in the United States.''; and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2)
of title 18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later
found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' after ``the offender is later found in the
United States''.
(h) Biological Weapons.--Section 178 of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS
DESTRUCTION STATUTE.
Section 2332a of title 18, United States Code, is amended--
[[Page 482]]
(1) in subsection (a)--
(A) by inserting ``Against a National or Within the United
States'' after ``Offense'';
(B) by inserting ``, without lawful authority'' after ``A
person who'';
(C) by inserting ``threatens,'' before ``attempts or
conspires to use, a weapon of mass destruction''; and
(D) by inserting ``and the results of such use affect
interstate or foreign commerce or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce'' before the semicolon at the end of
paragraph (2);
(2) in subsection (b)(2)(A), by striking ``section 921''
and inserting ``section 921(a)(4) (other than subparagraphs
(B) and (C))'';
(3) in subsection (b), so that subparagraph (B) of
paragraph (2) reads as follows:
``(B) any weapon that is designed to cause death or serious
bodily injury through the release, dissemination, or impact
of toxic or poisonous chemicals, or their precursors;'';
(4) by redesignating subsection (b) as subsection (c); and
(5) by inserting after subsection (a) the following new
subsection:
``(b) Offense by National Outside the United States.--Any
national of the United States who, without lawful authority
and outside the United States, uses, or threatens, attempts,
or conspires to use, a weapon of mass destruction shall be
imprisoned for any term of years or for life.''.
SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING
STATUTE.
(a) Murder and Destruction of Property.--Section
1956(c)(7)(B)(ii) of title 18, United States Code, is amended
by striking ``or extortion;'' and inserting ``extortion,
murder, or destruction of property by means of explosive or
fire;''.
(b) Specific Offenses.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended--
(1) by inserting after ``an offense under'' the following:
``section 32 (relating to the destruction of aircraft),
section 37 (relating to violence at international airports),
section 115 (relating to influencing, impeding, or
retaliating against a Federal official by threatening or
injuring a family member),'';
(2) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the following:
``section 351 (relating to Congressional or Cabinet officer
assassination),'';
(3) by inserting after ``section 793, 794, or 798 (relating
to espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials), section
844 (f) or (i) (relating to destruction by explosives or fire
of Government property or property affecting interstate or
foreign commerce),'';
(4) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section 956
(relating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),'';
(5) by inserting after ``1032 (relating to concealment of
assets from conservator, receiver, or liquidating agent of
financial institution),'' the following: ``section 1111
(relating to murder), section 1114 (relating to protection of
officers and employees of the United States), section 1116
(relating to murder of foreign officials, official guests, or
internationally protected persons),'';
(6) by inserting after ``section 1203 (relating to hostage
taking),'' the following: ``section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),'';
(7) by inserting after ``section 1708 (theft from the
mail),'' the following: ``section 1751 (relating to
Presidential assassination),'';
(8) by inserting after ``2114 (relating to bank and postal
robbery and theft),'' the following: ``section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),'';
and
(9) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts abroad
against United States nationals), section 2332a (relating to
use of weapons of mass destruction), section 2332c (relating
to international terrorist acts transcending national
boundaries), section 2339A (relating to providing material
support to terrorists) of this title, section 46502 of title
49, United States Code''.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB
THREATS.
Section 844(e) of title 18, United States Code, is amended
by striking ``commerce,'' and inserting ``interstate or
foreign commerce, or in or affecting interstate or foreign
commerce,''.
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is
amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity
takes place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.
SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended
to read as follows:
``(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store, barter, sell,
dispose of, or pledge or accept as security for a loan, any
stolen explosive materials which are moving as, which are
part of, which constitute, or which have been shipped or
transported in, interstate or foreign commerce, either before
or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were
stolen.''.
TITLE II--INCREASED PENALTIES
SEC. 201. PENALTIES FOR CERTAIN EXPLOSIVES OFFENSES.
(a) Increased Penalties for Damaging Certain Property.--
Section 844(f) of title 18, United States Code, is amended to
read as follows:
``(f) Whoever damages or destroys, or attempts to damage or
destroy, by means of fire or an explosive, any personal or
real property in whole or in part owned, possessed, or used
by, or leased to, the United States, or any department or
agency thereof, or any institution or organization receiving
Federal financial assistance shall be fined under this title
or imprisoned for not more than 25 years, or both, but--
``(1) if personal injury results to any person other than
the offender, the term of imprisonment shall be not more than
40 years;
``(2) if fire or an explosive is used and its use creates a
substantial risk of serious bodily injury to any person other
than the offender, the term of imprisonment shall not be more
than 45 years; and
``(3) if death results to any person other than the
offender, the offender shall be subject to imprisonment for
any term of years, or for life.''.
(b) Conforming Amendment.--Section 81 of title 18, United
States Code, is amended by striking ``fined under this title
or imprisoned not more than five years, or both'' and
inserting ``imprisoned not more than 25 years or fined the
greater of the fine under this title or the cost of repairing
or replacing any property that is damaged or destroyed, or
both''.
(c) Statute of Limitation for Arson Offenses.--
(1) Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any
non-capital offense under section 81 or subsection (f), (h),
or (i) of section 844 of this title unless the indictment is
found or the information is instituted within 7 years after
the date on which the offense was committed.''.
(2) The table of sections at the beginning of chapter 213
of title 18, United States Code, is amended by adding at the
end the following new item:
``3295. Arson offenses.''.
(3) Section 844(i) of title 18, United States Code, is
amended by striking the last sentence.
SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
``(n) Except as otherwise provided in this section, a
person who conspires to commit any offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense the
commission of which was the object of the conspiracy.''.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR
TERRORISM OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
18, United States Code, are each amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking ``or attempted kidnapping'' both places
it appears and inserting ``, attempted kidnapping, or
conspiracy to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States Code,
is amended by striking ``or attempted murder'' and inserting
``, attempted murder, or conspiracy to murder''.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``and 1113'' and inserting ``, 1113, and
1117''.
(4) Section 175(a) of title 18, United States Code, is
amended by inserting ``or conspires to do so,'' after ``any
organization to do so,''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is
amended by inserting ``or conspiring to commit'' after
``committing''.
SEC. 204. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE
MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT
A CRIME OF VIOLENCE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
``(o) Whoever knowingly transfers any explosive materials,
knowing that such explosive materials will be used to commit
a crime of violence (as defined in section 924(c)(3) of this
title) or drug trafficking crime (as defined in section
924(c)(2) of this title) shall be subject to the same
penalties as may be imposed under subsection (h) for a first
conviction for the use or carrying of the explosive
materials.''.
TITLE III--INVESTIGATIVE TOOLS
SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF
EXPLOSIVES AND EXPLOSIVE MATERIALS, RENDERING
EXPLOSIVE COMPONENTS INERT, AND IMPOSING
CONTROLS OF PRECURSORS OF EXPLOSIVES.
(a) Study.--The Secretary of the Treasury, in consultation
with other Federal, State
[[Page 483]]
and local officials with expertise in this area and such
other individuals as the Secretary of the Treasury deems
appropriate, shall conduct a study concerning--
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) technology for devices to improve the detection of
explosives materials;
(3) whether common chemicals used to manufacture explosive
materials can be rendered inert and whether it is feasible to
require it; and
(4) whether controls can be imposed on certain precursor
chemicals used to manufacture explosive materials and whether
it is feasible to require it.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report that contains the results of the study
required by this section. The Secretary shall make the report
available to the public.
(c) Limitation.--The study under this section shall not
include black powder or smokeless powder among the explosive
materials it concerns.
SEC. 302. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following:
``(f) Requirement to Preserve Evidence.--A provider of wire
or electronic communication services or a remote computing
service, upon the request of a governmental entity, shall
take all necessary steps to preserve records, and other
evidence in its possession pending the issuance of a court
order or other process. Such records shall be retained for a
period of 90 days, which period shall be extended for an
additional 90-day period upon a renewed request by the
governmental entity.''.
SEC. 303. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended
by inserting ``(not including any intermediate Saturday,
Sunday, or legal holiday)'' after ``five days'' and after
``three days''.
SEC. 304. REWARD AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General.--Title 18, United States Code, is amended
by striking sections 3059 through 3059A and inserting the
following:
``Sec. 3059. Reward authority of the Attorney General
``(a) The Attorney General may pay rewards and receive from
any department or agency, funds for the payment of rewards
under this section, to any individual who provides any
information unknown to the Government leading to the arrest
or prosecution of any individual for Federal felony offenses.
``(b) If the reward exceeds $100,000, the Attorney General
shall give notice of that fact to the Senate and the House of
Representatives not later than 30 days before authorizing the
payment of the reward.
``(c) A determination made by the Attorney General as to
whether to authorize an award under this section and as to
the amount of any reward authorized shall not be subject to
judicial review.
``(d) If the Attorney General determines that the identity
of the recipient of a reward or of the members of the
recipient's immediate family must be protected, the Attorney
General may take such measures in connection with the payment
of the reward as the Attorney General deems necessary to
effect such protection.
``(e) No officer or employee of any governmental entity may
receive a reward under this section for conduct in
performance of his or her official duties.
``(f) Any individual (and the immediate family of such
individual) who furnishes information which would justify a
reward under this section or a reward by the Secretary of
State under section 36 of the State Department Basic
Authorities Act of 1956 may, in the discretion of the
Attorney General, participate in the Attorney General's
witness security program under chapter 224 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is
amended by striking the items relating to section 3059 and
3059A and inserting the following new item:
``3059. Reward authority of the Attorney General.''.
(c) Conforming Amendment.--Section 1751 of title 18, United
States Code, is amended by striking subsection (g).
SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE
DISTRICT OF COLUMBIA.
The Attorney General is authorized--
(1) to prohibit vehicles from parking or standing on any
street or roadway adjacent to any building in the District of
Columbia which is in whole or in part owned, possessed, used
by, or leased to the Federal Government and used by Federal
law enforcement authorities; and
(2) to prohibit any person or entity from conducting
business on any property immediately adjacent to any such
building.
SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE
CONGRESS.
(a) Study.--The Attorney General of the United States shall
conduct a study of the extent of thefts from military
arsenals (including National Guard armories) of firearms,
explosives, and other materials that are potentially useful
to terrorists.
(b) Report to the Congress.--Within 6 months after the date
of the enactment of this Act, the Attorney General shall
submit to the Congress a report on the study required by
subsection (a).
TITLE IV--NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``nuclear material''
each place it appears and inserting ``nuclear material or
nuclear byproduct material'';
(2) in subsection (a)(1)(A), by inserting ``or the
environment'' after ``property'';
(3) so that subsection (a)(1)(B) reads as follows:
``(B)(i) circumstances exist which are likely to cause the
death of or serious bodily injury to any person or
substantial damage to property or the environment; or (ii)
such circumstances are represented to the defendant to
exist;'';
(4) in subsection (a)(6), by inserting ``or the
environment'' after ``property'';
(5) so that subsection (c)(2) reads as follows:
``(2) an offender or a victim is a national of the United
States or a United States corporation or other legal
entity;'';
(6) in subsection (c)(3), by striking ``at the time of the
offense the nuclear material is in use, storage, or
transport, for peaceful purposes, and'';
(7) by striking ``or'' at the end of subsection (c)(3);
(8) in subsection (c)(4), by striking ``nuclear material
for peaceful purposes'' and inserting ``nuclear material or
nuclear byproduct material'';
(9) by striking the period at the end of subsection (c)(4)
and inserting ``; or'';
(10) by adding at the end of subsection (c) the following:
``(5) the governmental entity under subsection (a)(5) is
the United States or the threat under subsection (a)(6) is
directed at the United States.'';
(11) in subsection (f)(1)(A), by striking ``with an
isotopic concentration not in excess of 80 percent plutonium
238'';
(12) in subsection (f)(1)(C) by inserting ``enriched
uranium, defined as'' before ``uranium'';
(13) in subsection (f), by redesignating paragraphs (2),
(3), and (4) as paragraphs (3), (4), and (5), respectively;
(14) by inserting after subsection (f)(1) the following:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through
an irradiation process in the operation of a nuclear reactor
or accelerator;'';
(15) by striking ``and'' at the end of subsection (f)(4),
as redesignated;
(16) by striking the period at the end of subsection
(f)(5), as redesignated, and inserting a semicolon; and
(17) by adding at the end of subsection (f) the following:
``(6) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, district,
commonwealth, territory or possession of the United
States.''.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by
adding at the end the following:
``(o) `Convention on the Marking of Plastic Explosives'
means the Convention on the Marking of Plastic Explosives for
the Purpose of Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve
homogeneous distribution in the finished explosive,
including--
``(1) Ethylene glycol dinitrate (EGDN),
C2H4(NO3)2,
molecular weight 152, when the minimum concentration in the
finished explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C6H12(NO2)2,
molecular weight 176, when the minimum concentration in the
finished explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C7H7NO2, molecular weight
137, when the minimum concentration in the finished explosive
is 0.5 percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C7H7NO2, molecular weight
137, when the minimum concentration in the finished explosive
is 0.5 percent by mass; and
``(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, which has been added to the
table in part 2 of the Technical Annex to the Convention on
the Marking of Plastic Explosives.
``(q) `Plastic explosive' means an explosive material in
flexible or elastic sheet form formulated with one or more
high explosives which in their pure form have a vapor
pressure less than 10-4 Pa at a temperature of
25 deg.C., is formulated with a binder material, and is as a
mixture malleable or flexible at normal room temperature.''.
[[Page 484]]
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC
EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by
adding at the end the following:
``(l) It shall be unlawful for any person to manufacture
any plastic explosive which does not contain a detection
agent.
``(m)(1) it shall be unlawful for any person to import or
bring into the United States, or export from the United
States, any plastic explosive which does not contain a
detection agent.
``(2) Until the 15-year period that begins with the date of
entry into force of the Convention on the Marking of Plastic
Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the importation or bringing
into the United States, or the exportation from the United
States, of any plastic explosive which was imported, brought
into, or manufactured in the United States before the
effective date of this subsection by or on behalf of any
agency of the United States performing military or police
functions (including any military Reserve component) or by or
on behalf of the National Guard of any State.
``(n)(1) It shall be unlawful for any person to ship,
transport, transfer, receive, or possess any plastic
explosive which does not contain a detection agent.
``(2)(A) During the 3-year period that begins on the
effective date of this subsection, paragraph (1) shall not
apply to the shipment, transportation, transfer, receipt, or
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States before
such effective date by any person.
``(B) Until the 15-year period that begins on the date of
entry into force of the Convention on the Marking of Plastic
Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the shipment,
transportation, transfer, receipt, or possession of any
plastic explosive, which was imported, brought into, or
manufactured in the United States before the effective date
of this subsection by or on behalf of any agency of the
United States performing a military or police function
(including any military reserve component) or by or on behalf
of the National Guard of any State.
``(o) It shall be unlawful for any person, other than an
agency of the United States (including any military reserve
component) or the National Guard of any State, possessing any
plastic explosive on the effective date of this subsection,
to fail to report to the Secretary within 120 days after the
effective date of this subsection the quantity of such
explosives possessed, the manufacturer or importer, any marks
of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 503. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended
to read as follows:
``(a) Any person who violates subsections (a) through (i)
or (l) through (o) of section 842 of this title shall be
fined under this title, imprisoned not more than 10 years, or
both.''.
SEC. 504. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``(l), (m), (n), or (o)
of section 842 and subsections'' after ``subsections'';
(2) in subsection (a)(1), by inserting ``and which pertains
to safety'' before the semicolon; and
(3) by adding at the end the following:
``(c) It is an affirmative defense against any proceeding
involving subsection (l), (m), (n), or (o) of section 842 of
this title if the proponent proves by a preponderance of the
evidence that the plastic explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or modified
explosive materials;
``(B) training in explosives detection or development or
testing of explosives detection equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive which, within 3 years after the
effective date of this paragraph, will be or is incorporated
in a military device within the territory of the United
States and remains an integral part of such military device,
or is intended to be, or is incorporated in, and remains an
integral part of a military device that is intended to
become, or has become, the property of any agency of the
United States performing military or police functions
(including any military reserve component) or the National
Guard of any State, wherever such device is located. For
purposes of this subsection, the term `military device'
includes shells, bombs, projectiles, mines, missiles,
rockets, shaped charges, grenades, perforators, and similar
devices lawfully manufactured exclusively for military or
police purposes.''.
SEC. 505. EFFECTIVE DATE.
The amendments made by this title shall take effect 1 year
after the date of the enactment of this Act.
TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) In General.--The Immigration and Nationality Act is
amended--
(1) by adding at the end of the table of contents the
following:
``Title V--Special Removal Procedures for Alien Terrorists
``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Appeals.'';
and
(2) by adding at the end the following new title:
``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
``definitions
``Sec. 501. In this title:
``(1) The term `alien terrorist' means an alien described
in section 241(a)(4)(B).
``(2) The term `classified information' has the meaning
given such term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.).
``(3) The term `national security' has the meaning given
such term in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App.).
``(4) The term `special removal court' means the court
established under section 502(a).
``(5) The term `special removal hearing' means a hearing
under section 505.
``(6) The term `special removal proceeding' means a
proceeding under this title.
``establishment of special removal court
``Sec. 502. (a) In General.--The Chief Justice of the
United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
``(b) Terms.--Each judge designated under subsection (a)
shall serve for a term of 5 years and shall be eligible for
redesignation, except that the four associate judges first so
designated shall be designated for terms of one, two, three,
and four years so that the term of one judge shall expire
each year.
``(c) Chief Judge.--The Chief Justice shall publicly
designate one of the judges of the special removal court to
be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration of
cases to the various judges.
``(d) Expeditious and Confidential Nature of Proceedings.--
The provisions of section 103(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
proceedings under this title in the same manner as they apply
to proceedings under such Act.
``application for initiation of special removal proceeding
``Sec. 503. (a) In General.--Whenever the Attorney General
has classified information that an alien is an alien
terrorist, the Attorney General, in the Attorney General's
discretion, may seek removal of the alien under this title
through the filing with the special removal court of a
written application described in subsection (b) that seeks an
order authorizing a special removal proceeding under this
title. The application shall be submitted in camera and ex
parte and shall be filed under seal with the court.
``(b) Contents of Application.--Each application for a
special removal proceeding shall include all of the
following:
``(1) The identity of the Department of Justice attorney
making the application.
``(2) The approval of the Attorney General or the Deputy
Attorney General for the filing of the application based upon
a finding by that individual that the application satisfies
the criteria and requirements of this title.
``(3) The identity of the alien for whom authorization for
the special removal proceeding is sought.
``(4) A statement of the facts and circumstances relied on
by the Department of Justice to establish that--
``(A) the alien is an alien terrorist and is physically
present in the United States, and
``(B) with respect to such alien, adherence to the
provisions of title II regarding the deportation of aliens
would pose a risk to the national security of the United
States.
``(5) An oath or affirmation respecting each of the facts
and statements described in the previous paragraphs.
``(c) Right To Dismiss.--The Department of Justice retains
the right to dismiss a removal action under this title at any
stage of the proceeding.
``consideration of application
``Sec. 504. (a) In General.--In the case of an application
under section 503 to the special removal court, a single
judge of the court shall be assigned to consider the
application. The judge, in accordance with the rules of the
court, shall consider the application and may consider other
information, including classified information, presented
under oath or affirmation. The judge shall consider the
application (and any hearing thereof) in camera and ex parte.
A verbatim record shall be maintained of any such hearing.
``(b) Approval of Order.--The judge shall enter ex parte
the order requested in the application if the judge finds, on
the basis of such application and such other information (if
any), that there is probable cause to believe that--
``(1) the alien who is the subject of the application has
been correctly identified and is an alien terrorist, and
``(2) adherence to the provisions of title II regarding the
deportation of the identified
[[Page 485]]
alien would pose a risk to the national security of the
United States.
``(c) Denial of Order.--If the judge denies the order
requested in the application, the judge shall prepare a
written statement of the judge's reasons for the denial.
``special removal hearings
``Sec. 505. (a) In General.--In any case in which the
application for the order is approved under section 504, a
special removal hearing shall be conducted under this section
for the purpose of determining whether the alien to whom the
order pertains should be removed from the United States on
the grounds that the alien is an alien terrorist. Consistent
with section 506, the alien shall be given reasonable notice
of the nature of the charges against the alien and a general
account of the basis for the charges. The alien shall be
given notice, reasonable under all the circumstances, of the
time and place at which the hearing will be held. The hearing
shall be held as expeditiously as possible.
``(b) Use of Same Judge.--The special removal hearing shall
be held before the same judge who granted the order pursuant
to section 504 unless that judge is deemed unavailable due to
illness or disability by the chief judge of the special
removal court, or has died, in which case the chief judge
shall assign another judge to conduct the special removal
hearing. A decision by the chief judge pursuant to the
preceding sentence shall not be subject to review by either
the alien or the Department of Justice.
``(c) Rights in Hearing.--
``(1) Public hearing.--The special removal hearing shall be
open to the public.
``(2) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled
to have counsel assigned to represent the alien. Such counsel
shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable
to obtain adequate representation for the district in which
the hearing is conducted, as provided for in section 3006A of
title 18, United States Code. All provisions of that section
shall apply and, for purposes of determining the maximum
amount of compensation, the matter shall be treated as if a
felony was charged.
``(3) Introduction of evidence.--The alien shall have a
right to introduce evidence on the alien's own behalf.
``(4) Examination of witnesses.--The alien shall have a
reasonable opportunity to examine the evidence against the
alien and to cross-examine any witness.
``(5) Record.--A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a
hearing shall be kept.
``(6) Decision based on evidence at hearing.--The decision
of the judge in the hearing shall be based only on the
evidence introduced at the hearing.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
special removal hearing, either the alien or the Department
of Justice may request the judge to issue a subpoena for the
presence of a named witness (which subpoena may also command
the person to whom it is directed to produce books, papers,
documents, or other objects designated therein) upon a
satisfactory showing that the presence of the witness is
necessary for the determination of any material matter.
``(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the alien is
financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the
process and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this subsection
may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as a
witness subpoenaed in connection with a civil proceeding in a
court of the United States.
``(e) Treatment of Classified Information.--The judge shall
examine in camera and ex parte any item of classified
information for which the Attorney General determines that
public disclosure would pose a risk to the national security
of the United States. With respect to such evidence, the
Attorney General shall also submit to the court a summary
prepared in accordance with subsection (f).
``(f) Summary of Classified Information.--
``(1) The information submitted under subsection (e) shall
contain a summary of the information that does not pose a
risk to the national security.
``(2) The judge shall approve the summary if the judge
finds that the summary will provide the alien with
substantially the same ability to make his defense as would
disclosure of the specific classified information.
``(3) The Attorney General shall cause to be delivered to
the alien a copy of the summary approved under paragraph (2).
``(g) Determination of Deportation.--If the judge
determines that the summary described in subsection (f) will
provide the alien with substantially the same ability to make
his defense as would the disclosure of the specific
classified evidence, a determination of deportation may be
made on the basis of the summary and any other evidence
entered in the public record and to which the alien has been
given access. If the judge does not approve the summary, a
determination of deportation may be made on the basis of any
other evidence entered in the public record and to which the
alien has been given access. In either case, such a
determination will be made when the Attorney General proves,
by clear, convincing, and unequivocal evidence that the alien
is subject to deportation because such alien is an alien as
described in section 241(a)(4)(B).
``appeals
``Sec. 506. (a) Appeals by Alien.--The alien may appeal a
determination under section 505(f) or 505(g) to the United
States Court of Appeals for the circuit where the alien
resides by filing a notice of appeal with such court not
later than 30 days after the determination is made.
``(b) Appeals by the United States.--The Attorney General
may appeal a determination made under section 504, or section
505(f) or 505(g) to the Court of Appeals for the circuit
where the alien resides, by filing a notice of appeal with
such court not later than 20 days after the determination is
made under any one of such subsections.
``(c) Transmittal of Classified Information.--When
requested by the Attorney General, the classified information
in section 506(e) shall be transmitted to the court of
appeals under seal.''.
TITLE VII--AUTHORIZATION AND FUNDING
SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.
The Attorney General may award grants in consultation with
the Federal Emergency Management Agency for the purposes of
providing specialized training or equipment to enhance the
capability of metropolitan fire and emergency service
departments to respond to terrorist attacks. To carry out the
purposes of this section, there is authorized to be
appropriated $5,000,000 for fiscal year 1996.
SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE
EXPLOSIVE DETECTION DEVICES AND OTHER COUNTER-
TERRORISM TECHNOLOGY.
There is authorized to be appropriated not to exceed
$10,000,000 for fiscal years 1996 and 1997 to the President
to provide assistance to foreign countries facing an imminent
danger of terrorist attack that threatens the national
interest of the United States or puts United States nationals
at risk--
(1) in obtaining explosive detection devices and other
counter-terrorism technology; and
(2) in conducting research and development projects on such
technology.
SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-
TERRORISM TECHNOLOGIES.
There are authorized to be appropriated not to exceed
$10,000,000 to the National Institute of Justice Science and
Technology Office--
(1) to develop technologies that can be used to combat
terrorism, including technologies in the areas of--
(A) detection of weapons, explosives, chemicals, and
persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy of products
produced and compatibility with relevant national systems;
and
(3) to identify and assess requirements for technologies to
assist State and local law enforcement in the national
program to combat terrorism.
TITLE VIII--MISCELLANEOUS
SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE
PURCHASE AND USE OF HIGH EXPLOSIVES.
The Secretary of the Treasury, in consultation with the
Federal Bureau of Investigation, shall conduct a study of
State licensing requirements for the purchase and use of
commercial high explosives, including detonators, detonating
cords, dynamite, water gel, emulsion, blasting agents, and
boosters. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall report to Congress
the results of this study, together with any recommendations
the Secretary determines are appropriate.
SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.
(a) Requiring Compensation for Terrorist Crimes.--Section
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(d)(3)) is amended--
(1) by inserting ``crimes involving terrorism,'' before
``driving while intoxicated''; and
(2) by inserting a comma after ``driving while
intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is
amended by inserting ``are outside the United States (if the
compensable crime is terrorism, as defined in section 2331 of
title 18, United States Code), or'' before ``are States not
having''.
SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain
Cases.--Section 1605 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(7) not otherwise covered by paragraph (2), in which
money damages are sought
[[Page 486]]
against a foreign state for personal injury or death that was
caused by an act of torture, extrajudicial killing, aircraft
sabotage, hostage taking, or the provision of material
support or resources (as defined in section 2339A of title
18) for such an act if such act or provision of material
support is engaged in by an official, employee, or agent of
such foreign state while acting within the scope of his or
her office, employment, or agency, except that--
``(A) an action under this paragraph shall not be
maintained unless the act upon which the claim is based
occurred while the individual bringing the claim was a
national of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Nationality Act);
and
``(B) the court shall decline to hear a claim under this
paragraph if the foreign state against whom the claim has
been brought establishes that procedures and remedies are
available in such state which comport with fundamental
fairness and due process.''; and
(2) by adding at the end the following new subsection:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression
of Unlawful Acts Against the Safety of Civil Aviation.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ``, or''; and
(B) by adding at the end the following new paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon
which the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of such
title is amended--
(A) by striking ``or (5)'' and inserting ``(5), or (7)'';
and
(B) by striking ``used for the activity'' and inserting
``involved in the act''.
(c) Applicability.--The amendments made by this title shall
apply to any cause of action arising before, on, or after the
date of the enactment of this Act.
SEC. 804. COMPILATION OF STATISTICS RELATING TO INTIMIDATION
OF GOVERNMENT EMPLOYEES.
(a) Findings.--Congress finds that--
(1) threats of violence and acts of violence are mounting
against Federal, State, and local government employees and
their families in attempts to stop public servants from
performing their lawful duties;
(2) these acts are a danger to our constitutional form of
government; and
(3) more information is needed as to the extent of the
danger and its nature so that steps can be taken to protect
public servants at all levels of government in the
performance of their duties.
(b) Statistics.--The Attorney General shall acquire data,
for the calendar year 1990 and each succeeding calendar year
about crimes and incidents of threats of violence and acts of
violence against Federal, State, and local government
employees in performance of their lawful duties. Such data
shall include--
(1) in the case of crimes against such employees, the
nature of the crime; and
(2) in the case of incidents of threats of violence and
acts of violence, including verbal and implicit threats
against such employees, whether or not criminally punishable,
which deter the employees from the performance of their jobs.
(c) Guidelines.--The Attorney General shall establish
guidelines for the collection of such data, including what
constitutes sufficient evidence of noncriminal incidents
required to be reported.
(d) Annual Publishing.--The Attorney General shall publish
an annual summary of the data acquired under this section.
Otherwise such data shall be used only for research and
statistical purposes.
(e) Exemption.--The United States Secret Service is not
required to participate in any statistical reporting activity
under this section with respect to any direct or indirect
threats made against any individual for whom the United
States Secret Service is authorized to provide protection.
SEC. 805. VICTIM RESTITUTION ACT.
(a) Order of Restitution.--Section 3663 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``may order, in addition to or, in the case
of a misdemeanor, in lieu of any other penalty authorized by
law'' and inserting ``shall order''; and
(ii) by adding at the end the following: ``The requirement
of this paragraph does not affect the power of the court to
impose any other penalty authorized by law. In the case of a
misdemeanor, the court may impose restitution in lieu of any
other penalty authorized by law.'';
(B) by adding at the end the following:
``(4) In addition to ordering restitution to the victim of
the offense of which a defendant is convicted, a court may
order restitution to any person who, as shown by a
preponderance of evidence, was harmed physically,
emotionally, or pecuniarily, by unlawful conduct of the
defendant during--
``(A) the criminal episode during which the offense
occurred; or
``(B) the course of a scheme, conspiracy, or pattern of
unlawful activity related to the offense.'';
(2) in subsection (b)(1)(B) by striking ``impractical'' and
inserting ``impracticable'';
(3) in subsection (b)(2) by inserting ``emotional or''
after ``resulting in'';
(4) in subsection (b)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new
paragraph:
``(5) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
related to participation in the investigation or prosecution
of the offense or attendance at proceedings related to the
offense; and'';
(5) in subsection (c) by striking ``If the court decides to
order restitution under this section, the'' and inserting
``The'';
(6) by striking subsections (d), (e), (f), (g), and (h);
(7) by redesignating subsection (i) as subsection (m); and
(8) by inserting after subsection (c) the following:
``(d)(1) The court shall order restitution to a victim in
the full amount of the victim's losses as determined by the
court and without consideration of--
``(A) the economic circumstances of the offender; or
``(B) the fact that a victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source.
``(2) Upon determination of the amount of restitution owed
to each victim, the court shall specify in the restitution
order the manner in which and the schedule according to which
the restitution is to be paid, in consideration of--
``(A) the financial resources and other assets of the
offender;
``(B) projected earnings and other income of the offender;
and
``(C) any financial obligations of the offender, including
obligations to dependents.
``(3) A restitution order may direct the offender to make a
single, lump-sum payment, partial payment at specified
intervals, or such in-kind payments as may be agreeable to
the victim and the offender. A restitution order shall direct
the offender to give appropriate notice to victims and other
persons in cases where there are multiple victims or other
persons who may receive restitution, and where the identity
of such victims and other persons can be reasonably
determined.
``(4) An in-kind payment described in paragraph (3) may be
in the form of--
``(A) return of property;
``(B) replacement of property; or
``(C) services rendered to the victim or to a person or
organization other than the victim.
``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each
offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the
level of contribution and economic circumstances of each
offender.
``(f) When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the
court shall order full restitution to each victim but may
provide for different payment schedules to reflect the
economic circumstances of each victim.
``(g)(1) If the victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source, the court shall order that restitution be
paid to the person who provided or is obligated to provide
the compensation, but the restitution order shall provide
that all restitution to victims required by the order be paid
to the victims before any restitution is paid to such a
provider of compensation.
``(2) The issuance of a restitution order shall not affect
the entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source until
the payments actually received by the victim under the
restitution order fully compensate the victim for the loss,
at which time a person that has provided compensation to the
victim shall be entitled to receive any payments remaining to
be paid under the restitution order.
``(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later
recovered as compensatory damages by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(h) A restitution order shall provide that--
``(1) all fines, penalties, costs, restitution payments and
other forms of transfers of money or property made pursuant
to the sentence of the court shall be made by the offender to
an entity designated by the Director of the Administrative
Office of the United States Courts for accounting and payment
by the entity in accordance with this subsection;
``(2) the entity designated by the Director of the
Administrative Office of the United States Courts shall--
``(A) log all transfers in a manner that tracks the
offender's obligations and the current status in meeting
those obligations, un
[[Page 487]]
less, after efforts have been made to enforce the restitution
order and it appears that compliance cannot be obtained, the
court determines that continued recordkeeping under this
subparagraph would not be useful; and
``(B) notify the court and the interested parties when an
offender is 30 days in arrears in meeting those obligations;
and
``(3) the offender shall advise the entity designated by
the Director of the Administrative Office of the United
States Courts of any change in the offender's address during
the term of the restitution order.
``(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
``(j) Compliance with the schedule of payment and other
terms of a restitution order shall be a condition of any
probation, parole, or other form of release of an offender.
If a defendant fails to comply with a restitution order, the
court may revoke probation or a term of supervised release,
modify the term or conditions of probation or a term of
supervised release, hold the defendant in contempt of court,
enter a restraining order or injunction, order the sale of
property of the defendant, accept a performance bond, or take
any other action necessary to obtain compliance with the
restitution order. In determining what action to take, the
court shall consider the defendant's employment status,
earning ability, financial resources, the willfulness in
failing to comply with the restitution order, and any other
circumstances that may have a bearing on the defendant's
ability to comply with the restitution order.
``(k) An order of restitution may be enforced--
``(1) by the United States--
``(A) in the manner provided for the collection and payment
of fines in subchapter B of chapter 229 of this title; or
``(B) in the same manner as a judgment in a civil action;
and
``(2) by a victim named in the order to receive the
restitution, in the same manner as a judgment in a civil
action.
``(l) A victim or the offender may petition the court at
any time to modify a restitution order as appropriate in view
of a change in the economic circumstances of the offender.''.
(b) Procedure for Issuing Order of Restitution.--Section
3664 of title 18, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:
``(a) The court may order the probation service of the
court to obtain information pertaining to the amount of loss
sustained by any victim as a result of the offense, the
financial resources of the defendant, the financial needs and
earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems
appropriate. The probation service of the court shall include
the information collected in the report of presentence
investigation or in a separate report, as the court
directs.''; and
(4) by adding at the end thereof the following new
subsection:
``(e) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate or
special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo
determination of the issue by the court.''.
It was decided in the
Yeas
129
<3-line {>
negative
Nays
294
para.28.15 [Roll No. 65]
AYES--129
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Bonior
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
DeFazio
DeLauro
Dellums
Dicks
Dixon
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E.B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Miller (CA)
Mink
Mollohan
Morella
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pomeroy
Rahall
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Stark
Stockman
Studds
Stupak
Thompson
Thornton
Torres
Towns
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOES--294
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Chapman
Collins (IL)
de la Garza
Durbin
Hall (OH)
Menendez
Moakley
Stokes
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. HOBSON, resumed the Chair.
When Mr. LINDER, Chairman, pursuant to House Resolution 380, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On the first page, beginning in line 4, strike
``Comprehensive'' and all that follows through ``1995'' in
line 5 and insert ``Effective Death Penalty and Public Safety
Act of 1996''.
Page 6, line 1, strike ``should have known'' and insert
``has reasonable cause to believe''.
Page 34, strike line 19 and all that follows through the
matter appearing before line 3 on page 47, and redesignate
succeeding sections and any cross references (including the
table of contents) accordingly.
Page 137, line 15, insert ``the court shall decline to hear
a claim under this paragraph'' after ``except that''.
Page 137, beginning in line 16, strike ``an action under''
and all that follows through ``affords'' ending in line 18,
and insert ``if the act occurred in the foreign state against
which the claim has been brought and the claimant has not
afforded''.
[[Page 488]]
Page 137, beginning in line 21, strike ``an action under''
and all that follows through ``national'' and insert ``if the
claimant or victim was not a national''.
Page 138, line 2, insert ``when the act upon which the
claim is based occurred'' after ``Act)''.
Page 138, line 2, strike ``and'' and insert ``or''.
Page 138, line 3, strike ``the court shall'' and all that
follows through ``has been brought'' in line 5, and insert
``if the act occurred in the foreign state against which the
claim has been brought and that state''.
Page 138, beginning in line 9, strike ``new subsection''.
Page 138, line 22, strike the close quotation mark and the
period that follows it.
Page 138, after line 22, insert the following:
``(f) No action shall be maintained under subsection (a)(7)
unless the action is commenced not later than 10 years after
the date on which the cause of action arose. All principles
of equitable tolling, including the period during which the
foreign state was immune from suit, shall apply in
calculating this limitation period.''.
Page 151, after line 5, insert the following:
SEC. 807. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.
The Director of the Federal Bureau of Investigation is
authorized to support law enforcement training activities in
foreign countries for the purpose of improving the
effectiveness of the United States in investigating and
prosecuting transnational offenses.
SEC. 808. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR
VICTIMS OF CRIME.
(a) In General.--Notwithstanding any provision of the
Federal Rules of Criminal Procedure to the contrary, in order
to permit victims of crime to watch criminal trial
proceedings in cases where the venue of the trial is
changed--
(1) out of the State in which the case was initially
brought; and
(2) more than 350 miles from the location in which those
proceedings originally would have taken place;
the courts involved shall, if donations under subsection (b)
will defray the entire cost of doing so, order closed circuit
televising of the proceedings to that location, for viewing
by such persons the courts determine have a compelling
interest in doing so and are otherwise unable to do so by
reason of the inconvenience and expense caused by the change
of venue.
(b) No Rebroadcast.--No rebroadcast of the proceedings
shall be made.
(c) Limited Access.--
(1) Generally.--No other person, other than official court
and security personnel, or other persons specifically
designated by the courts, shall be permitted to view the
closed televising of the proceedings.
(2) Exception.--The courts shall not designate a person
under paragraph (1) if the presiding judge at the trial
determines that testimony by that person would be materially
affected if that person heard other testimony at the trial.
(d) Donations.--The Administrative Office of the United
States Courts may accept donations to enable the courts to
carry out subsection (a). No appropriated money shall be used
to carry out such subsection
(e) Definition.--As used in this section, the term
``State'' includes the District of Columbia and any other
possession or territory of the United States.
Modify the table of contents accordingly.
Page 52, strike line 1 and all that follows through line 17
on page 53.
Redesignate succeeding sections accordingly, and modify
cross references and the table of contents accordingly.
Page 125, strike line 13 and all that follows through line
20.
Redesignate succeeding sections accordingly, and modify
cross references and the table of contents accordingly.
Page 28, strike lines 10 through 20, and insert the
following:
SEC. 112. STUDY AND RECOMMENDATIONS FOR ASSESSING AND
REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS
FROM THE CRIMINAL USE OF FIREARMS AND
AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the
Attorney General, shall conduct a study and make
recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade, for law
enforcement officers, including--
(A) those officers who were feloniously killed or seriously
injured and those that died or were seriously injured as a
result of accidents or other non-felonious causes; and
(B) those officers feloniously killed or seriously injured
with firearms, those killed or seriously injured with,
separately, handguns firing handgun caliber ammunition,
handguns firing rifle caliber ammunition, rifles firing rifle
caliber ammunition, rifles firing handgun caliber ammunition
and shotguns; and
(C) those officers feloniously killed or seriously injured
with firearms, and killings or serious injuries committed
with firearms taken by officers' assailants from officers,
and those committed with other officers' firearms; and
(D) those killed or seriously injured because shots
attributable to projectiles defined as ``armor piercing
ammunition'' under 18, Sec. 921(a)(17)(B)(i) and (ii) pierced
the protective material of bullet resistant vests or bullet
resistant headgear; and
(2) whether current passive defensive strategies, such as
body armor, are adequate to counter the criminal use of
firearms against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities; and
(B) their common uses, according to consultations with
industry, sporting organizations and law enforcement; and
(C) the calibers commonly used for civilian defensive or
sporting uses that would be affected by any prohibition on
non-law enforcement sales of such ammunition, if such
ammunition is capable of penetrating minimum level bullet
resistant vests; and
(D) recommendations for increase in body armor capabilities
to further protect law enforcement from threat.
(b) In conducting the study, the Secretary shall consult
with other Federal, State and local officials, non-
governmental organizations, including all national police
organizations, national sporting organizations and national
industry associations with expertise in this area and such
other individuals as shall be deemed necessary. Such study
shall be presented to Congress twelve months after the
enactment of this Act and made available to the public,
including any data tapes or data used to form such
recommendations.
(c) There are authorized to be appropriated for the study
and recommendations such sums as may be necessary.
Page 34, strike line 6, and all that follows through the
matter following line 2 but before line 3 on page 47.
Redesignate succeeding sections accordingly.
Page 48, strike lines 3 through 14.
Redesignate succeeding sections accordingly.
Page 63, strike line 14 and all that follows through line
23 on page 94.
Redesignate succeeding sections accordingly.
Page 95, strike line 10 and all that follows through line
17 on page 100.
Redesignate succeeding sections accordingly.
Page 6, line 1, strike ``or should have known''.
Page 32, line 22, strike the one-m dash and all that
follows through ``(2)'' on page 33, run in the material
before and after the matter so stricken, and realign the
margins of lines 1 through 5 on page 33 so as to be flush to
the margin.
Page 47, after line 22, insert the following:
(b) Exclusion.--No study undertaken under this section
shall include black or smokeless powder among the explosive
materials considered.
Page 47, line 23, strike ``(b)'' and insert ``(c)''.
Page 49, strike line 12 and all that follows through line 7
on page 51.
Redsignate succeeding sections accordingly.
Page 6, beginning in line 23, strike ``32'' and all that
follows through ``2332b'' in line 25 and insert ``32, 37, 81,
175, 351, 831, 842(m) or (n), 844(f) or (i), 956, 1114, 1116,
1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281,
2332, 2332a, 2332b, or 2340A''.
Add at the end of title VII the following:
SEC. 704. SENSE OF CONGRESS.
It is the sense of Congress that, whenever practicable
recipients of any sums authorized to be appropriated by this
Act, should use the money to purchase American-made products.
Add at the end the following new title:
TITLE --INTERNATIONAL COUNTERFEITING
SEC. 01. SHORT TITLE.
This title may be cited as the ``International
Counterfeiting Prevention Act of 1996''.
SEC. 02. AUDITS OF INTERNATIONAL COUNTERFEITING OF UNITED
STATES CURRENCY.
(a) In General.--The Secretary of the Treasury (hereafter
in this section referred to as the ``Secretary''), in
consultation with the advanced counterfeit deterrence
steering committee, shall--
(1) study the use and holding of United States currency in
foreign countries; and
(2) develop useful estimates of the amount of counterfeit
United States currency that circulates outside the United
States each year.
(b) Evaluation Audit Plan.--
(1) In general.--The Secretary shall develop an effective
international evaluation audit plan that is designed to
enable the Secretary to carry out the duties described in
subsection (a) on a regular and thorough basis.
(2) Submission of detailed written summary.--The Secretary
shall submit a detailed written summary of the evaluation
audit plan developed pursuant to paragraph (1) to the
Congress before the end of the 6-month period beginning on
the date of the enactment of this Act.
(3) 1st evaluation audit under plan.--The Secretary shall
begin the first evaluation audit pursuant to the evaluation
audit plan no later than the end of the 1-year period
beginning on the date of the enactment of this Act.
(4) Subsequent evaluation audits.--At least 1 evaluation
audit shall be performed pursuant to the evaluation audit
plan during each 3-year period beginning after the date of
the commencement of the evaluation audit referred to in
paragraph (3).
(c) Reports.--
(1) In general.--The Secretary shall submit a written
report to the Committee on Banking and Financial Services of
the House
[[Page 489]]
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the results of each evaluation
audit conducted pursuant to subsection (b) within 90 days
after the completion of the evaluation audit.
(2) Contents.--In addition to such other information as the
Secretary may determine to be appropriate, each report
submitted to the Congress pursuant to paragraph (1) shall
include the following information:
(A) A detailed description of the evaluation audit process
and the methods used to develop estimates of the amount of
counterfeit United States currency in circulation outside the
United States.
(B) The method used to determine the currency sample
examined in connection with the evaluation audit and a
statistical analysis of the sample examined.
(C) A list of the regions of the world, types of financial
institutions, and other entities included.
(D) An estimate of the total amount of United States
currency found in each region of the world.
(E) The total amount of counterfeit United States currency
and the total quantity of each counterfeit denomination found
in each region of the world.
(3) Classification of information.--
(A) In general.--To the greatest extent possible, each
report submitted to the Congress under this subsection shall
be submitted in an unclassified form.
(B) Classified and unclassified forms.--If, in the interest
of submitting a complete report under this subsection, the
Secretary determines that it is necessary to include
classified information in the report, the report shall be
submitted in a classified and an unclassified form.
(d) Sunset Provision.--This section shall cease to be
effective as of the end of the 10-year period beginning on
the date of the enactment of this Act.
(e) Rule of Construction.--No provision of this section
shall be construed as authorizing any entity to conduct
investigations of counterfeit United States currency.
SEC. 03. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING
TO INTERNATIONAL COUNTERFEITING OF UNITED
STATES CURRENCY.
(a) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited outside
the United States.
(2) The 103d Congress enacted, with the approval of the
President on September 13, 1994, section 470 of title 18,
United States Code, making such activity a crime under the
laws of the United States.
(3) The expeditious posting of agents of the United States
Secret Service to overseas posts, which is necessary for the
effective enforcement of section 470 and related criminal
provisions, has been delayed.
(4) While section 470 of title 18, United States Code,
provides for a maximum term of imprisonment of 20 years as
opposed to a maximum term of 15 years for domestic
counterfeiting, the United States Sentencing Commission has
failed to provide, in its sentencing guidelines, for an
appropriate enhancement of punishment for defendants
convicted of counterfeiting United States currency outside
the United States.
(b) Timely Consideration of Requests for Concurrence in
Creation of Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request by the
Secretary of the Treasury for the placement of such number of
agents of the United States Secret Service as the Secretary
of the Treasury considers appropriate in posts in overseas
embassies; and
(B) reach an agreement with the Secretary of the Treasury
on such posts as soon as possible and, in any event, not
later than December 31, 1996.
(2) Cooperation of treasury required.--The Secretary of the
Treasury shall promptly provide any information requested by
the Secretary of State in connection with such requests.
(3) Reports required.--The Secretary of the Treasury and
the Secretary of State shall each submit, by February 1,
1997, a written report to the Committee on Banking and
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate explaining the reasons for the rejection, if any, of
any proposed post and the reasons for the failure, if any, to
fill any approved post by such date.
(c) Enhanced Penalties for International Counterfeiting of
United States Currency.--Pursuant to the authority of the
United States Sentencing Commission under section 994 of
title 28, United States Code, the Commission shall amend the
sentencing guidelines prescribed by the Commission to provide
an appropriate enhancement of the punishment for a defendant
convicted under section 470 of title 18 of such Code.
TITLE --BIOLOGICAL WEAPONS RESTRICTIONS
SEC. 001. SHORT TITLE.
This Act may be cited as the ``Biological Weapons Enhanced
Penalties Act of 1996''.
SEC. 002. ATTEMPTS TO ACQUIRE UNDER FALSE PRETENSES.
Section 175(a) of title 18, United States Code, is amended
by inserting ``attempts to acquire under false pretenses,''
after ``acquires,''
SEC. 003. INCLUSION OF RECOMBINANT MOLECULES.
Section 175 of title 18, United States Code, is amended by
inserting ``recombinant molecules,'' after ``toxin,'' each
place it appears.
SEC. 004. DEFINITIONS.
Section 178 of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``or naturally occurring
or bioengineered component of any such mircroorganism, virus,
or infectious substance,'' after ``infectious substance'';
(2) in paragraph (2)--
(A) by inserting ``the toxic material of plants, animals,
microorganisms, viruses, fungi or infectious substances''
after ``means''; and
(B) by inserting ``, and includes'' after ``production'';
(3) in paragraph (4), by inserting ``or a molecule,
including a recombinant molecule,'' after ``organism''.
SEC. 005. THREATENING USE OF CERTAIN WEAPONS.
Section 2332a of title 18, United States Code, is amended
by inserting ``, threatens,'' after ``uses, or''.
SEC. 006. INCLUSION OF RECOMBINANT MOLECULES AND BIOLOGICAL
ORGANISMS IN DEFINITION.
Section 2332a(b)(2)(C) of title 18, United States Code, is
amended by striking ``disease organism'' and inserting
``biological agent or toxin, as those terms are defined in
section 178''.
At the end of title II, add the following:
SEC. 206. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR
ENHANCED PENALTIES FOR A DEFENDANT WHO COMMITS
A CRIME WHILE IN POSSESSION OF A FIREARM WITH A
LASER SIGHTING DEVICE.
Not later than May 1, 1997, the United States Sentencing
Commission shall, pursuant to its authority under section 994
of title 28, United States Code, amend the sentencing
guidelines (and, if the Commission considers it appropriate,
the policy statements of the Commission) to provide that a
defendant convicted of a crime shall receive an appropriate
sentence enhancement if, during the crime--
(1) the defendant possessed a firearm equipped with a laser
sighting device; or
(2) the defendant possessed a firearm, and the defendant
(or another person at the scene of the crime who was aiding
in the commission of the crime) possessed a laser sighting
device capable of being readily attached to the firearm.
Amend the table of contents accordingly.
At the end of title VIII (Miscellaneous) add the following:
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal
years 1996 through 2000 to the Federal Bureau of
Investigation such sums as are necessary--
(1) to hire additional personnel, and to procure equipment,
to support expanded investigations of domestic and
international terrorism activities;
(2) to establish a Domestic Counterterrorism Center to
coordinate and centralize Federal, State, and local law
enforcement efforts in response to major terrorist incidents,
and as a clearinghouse for all domestic and international
terrorism information and intelligence; and
(3) to cover costs associated with providing law
enforcement coverage of public events offering the potential
of being targeted by domestic or international terrorists.
Conform the table of contents accordingly.
Add at the end the following new title:
TITLE --COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT
SEC. 01. ESTABLISHMENT.
There is established a commission to be known as the
``Commission on the Advancement of Federal Law Enforcement''
(in this title referred to as the ``Commission'').
SEC. 02. DUTIES.
The Commission shall investigate, ascertain, evaluation,
report, and recommend action to the Congress on the following
matters:
(1) In general, the manner in which significant Federal
criminal law enforcement operations are conceived, planned,
coordinated, and executed.
(2) The standards and procedures used by Federal law
enforcement to carry out significant Federal criminal law
enforcement operations, and their uniformity and
compatibility on an interagency basis, including standards
related to the use of deadly force.
(3) The criminal investigation and handling by the United
States Government, and the Federal law enforcement agencies
therewith--
(A) on February 28, 1993, in Waco, Texas, with regard to
the conception, planning, and execution of search and arrest
warrants that resulted in the deaths of 4 Federal law
enforcement officers and 6 civilians;
(B) regarding the efforts to resolve the subsequent
standoff in Waco, Texas, which ended in the deaths of over 80
civilians on April 19, 1993; and
(C) concerning other Federal criminal law enforcement
cases, at the Commission's discretion, which have been
presented to the courts or to the executive branch of
Government in the last 25 years that are actions or
complaints based upon claims of abuse of authority, practice,
procedure, or violations of constitutional guarantees, and
which may indicate a pattern or problem of abuse within an
enforcement agency or a sector of the enforcement community.
[[Page 490]]
(4) The necessity for the present number of Federal law
enforcement agencies and units.
(5) The location and efficacy of the office or entity
directly responsible, aside from the President of the United
States, for the coordination on an interagency basis of the
operations, programs, and activities of all of the Federal
law enforcement agencies.
(6) The degree of assistance, training, education, and
other human resource management assets devoted to increasing
professionalism for Federal law enforcement officers.
(7) The independent accountability mechanisms that exist,
if any, and their efficacy to investigate, address, and
correct systemic or gross individual Federal law enforcement
abuses.
(8) The extent to which Federal law enforcement agencies
have attempted to pursue community outreach efforts that
provide meaningful input into the shaping and formation of
agency policy, including seeking and working with State and
local law enforcement agencies on Federal criminal
enforcement operations or programs that directly impact a
State or local law enforcement agency's geographic
jurisdiction.
(9) Such other related matters as the Commission deems
appropriate.
SEC. 03. MEMBERSHIP AND ADMINISTRATIVE PROVISIONS.
(a) Number and Appointment.--The Commission shall be
composed of 5 members appointed as follows:
(1) 1 member appointed by the President pro tempore of the
Senate.
(2) 1 member appointed by the minority leader of the
Senate.
(3) 1 member appointed by the Speaker of the House of
Representatives.
(4) 1 member appointed by the minority leader of the House
of Representatives.
(5) 1 member (who shall chair the Commission) appointed by
the Chief Justice of the Supreme Court.
(b) Disqualification.--A person who is an officer or
employee of the United States shall not be appointed a member
of the Commission.
(c) Terms.--Each member shall be appointed for the life of
the Commission.
(d) Quorum.--3 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(e) Meetings.--The Commission shall meet at the call of the
Chair of the Commission.
(f) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day, including travel time, during
which the member is engaged in the performance of the duties
of the Commission.
SEC. 04. STAFFING AND SUPPORT FUNCTIONS.
(a) Director.--The Commission shall have a director who
shall be appointed by the Chair of the Commission.
(b) Staff.--Subject to rules prescribed by the Commission,
the Director may appoint additional personnel as the
Commission considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The
Director and staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall
be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--The Commission may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed per day the
daily equivalent of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
SEC. 05. POWERS.
(a) Hearings and Sessions.--The Commission may, for the
purposes of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing
before it. The Commission may establish rules for its
proceedings.
(b) Powers of Members and Agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(c) Obtaining Official Data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this title.
Upon request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(d) Administrative Support Services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this title.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey subpoena.--If a person refuses to obey
a subpoena issued under paragraph (1), the Commission may
apply to the United States district court for an order
requiring that person to appear before the Commission to give
testimony, produce evidence, or both, relating to the matter
under investigation. The application may be made within the
judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued
by a United States district court under the Federal Rules of
Civil Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served
in the judicial district in which the person required to be
served resides or may be found.
(f) Immunity.--The Commission is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
SEC. 06. REPORT.
The Commission shall transmit a report to the Congress and
the public not later than 2 years after a quorum of the
Commission has been appointed. The report shall contain a
detailed statement of the findings and conclusions of the
Commission, together with the Commission's recommendations
for such actions as the Commission considers appropriate.
SEC. 07. TERMINATION.
The Commission shall terminate 30 days after submitting the
report required by this title.
Add at the end the following:
TITLE --DEATH PENALTY AGGRAVATING FACTOR
SEC. . DEATH PENALTY AGGRAVATING FACTOR.
Section 3592(c) of title 18, United States Code, is amended
by adding after paragraph (15) the following:
``(16) Multiple killings or attempted killings.--The
defendant intentionally kills or attempts to kill more than
one person in a single criminal episode.''.
Page 133, after line 17, insert the following new section
(and conform the table of contents accordingly):
SEC. 678. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT
OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL
ALIENS.
(a) In General.--Notwithstanding any other provision of
law, to the extent permitted by relevant State and local law,
State and local law enforcement officials are authorized to
arrest and detain an individual who--
(1) is an alien illegally present in the United States, and
(2) has previously been convicted of a felony in the United
States and deported or left the United States after such
conviction,
but only after the State or local law enforcement officials
obtain appropriate confirmation from the Immigration and
Naturalization Service of the status of such individual and
only for such period of time as may be required for the
Service to take the individual into Federal custody for
purposes of deporting or removing the alien from the United
States.
(b) Cooperation.--The Attorney General shall cooperate with
the States to assure that information in the control of the
Attorney General, including information in the National Crime
Information Center, that would assist State and local law
enforcement officials in carrying out duties under subsection
(a) is made available to such officials.
Add at the end the following:
TITLE --FINANCIAL TRANSACTIONS WITH TERRORISTS
SEC. . FINANCIAL TRANSACTIONS WITH TERRORISTS.
(a) In General.--Title 18, United States Code, is amended
by inserting before section 2333 the following:
Sec. 2332c. Financial transactions
``(a) Except as provided in regulations made by the
Secretary of State, whoever, being a United States person,
knowing or having reasonable cause to know that a country is
a country that has been designated under section 6(j) of the
Export Administration Act (50 U.S.C. App. 2405) as a country
supporting international terrorism; engages in a financial
transaction with that country, shall be fined under this
title or imprisoned not more than 10 years, or both.
``(b) As used in this section--
``(1) the term `financial transaction' has the meaning
given that term in section 1956(c)(4); and
``(2) the term `United States person' means any United
States citizen or national, permanent resident alien,
juridical person organized under the laws of the United
States, or any person in the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter of title 18, United States Code, to
which the amendment of subsection (a) was made is amended by
inserting before the item relating to section 2333 the
following new item:
``2332c. Financial transactions.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
[[Page 491]]
Mr. CONYERS moved to recommit the bill to the Committee on the
Judiciary.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. HOBSON, announced that the nays had it.
So the motion to recommit was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HOBSON, announced that the yeas had it.
Mr. CONYERS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
229
<3-line {>
affirmative
Nays
191
para.28.16 [Roll No. 66]
AYES--229
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barton
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burton
Buyer
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cox
Cramer
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gilman
Gingrich
Goodlatte
Goss
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Heineman
Hobson
Hoke
Holden
Horn
Houghton
Hunter
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
Lantos
Largent
Latham
Laughlin
Lazio
Leach
Lewis (CA)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McKeon
McNulty
Metcalf
Meyers
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pomeroy
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Spratt
Stenholm
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (FL)
Zimmer
NOES--191
Abercrombie
Ackerman
Allard
Baker (CA)
Barcia
Barrett (WI)
Bartlett
Bass
Becerra
Beilenson
Bentsen
Berman
Bonilla
Bonior
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Burr
Campbell
Cardin
Chenoweth
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Cooley
Costello
Coyne
Crane
Crapo
Cremeans
Cubin
DeFazio
DeLauro
Dellums
Dickey
Dicks
Dingell
Dixon
Doggett
Doolittle
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Funderburk
Furse
Gejdenson
Gephardt
Gillmor
Gonzalez
Goodling
Gordon
Graham
Green
Gutierrez
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hoekstra
Hostettler
Hoyer
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
LaHood
LaTourette
Levin
Lewis (GA)
Lewis (KY)
Lofgren
Lowey
Maloney
Manzullo
Markey
Martinez
Matsui
McCarthy
McDermott
McInnis
McIntosh
McKinney
Meehan
Mica
Miller (CA)
Minge
Mink
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Neumann
Ney
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pickett
Pombo
Poshard
Rahall
Rangel
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Scarborough
Schroeder
Schumer
Scott
Seastrand
Serrano
Shadegg
Skaggs
Skeen
Slaughter
Smith (WA)
Souder
Stark
Stearns
Stockman
Studds
Stump
Tate
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOT VOTING--12
Callahan
Chapman
Collins (IL)
de la Garza
Durbin
Gibbons
Hall (OH)
Meek
Menendez
Moakley
Quillen
Stokes
So the bill was passed.
On motion of Mr. HYDE, pursuant to House Resolution 380, the bill of
the Senate (S. 735) to prevent and punish acts of terrorism, and for
other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. HYDE submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 2703, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
combat terrorism.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. HYDE, pursuant to House Resolution 380, it was,
Resolved, That the House insist upon its amendments to the foregoing
bill and request a conference with the Senate on the disagreeing votes
of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. HOBSON, by unanimous consent,
appointed Messrs. Hyde, McCollum, Schiff, Buyer, Barr, Conyers, Schumer
and Berman, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 2703, a similar House bill, was laid on the
table.
para.28.17 clerk to correct engrossment
On motion of Mr. HYDE, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk; (1)
be authorized to correct section numbers, cross references, and
punctuation, and to make such stylistic, clerical, technical,
conforming, and other changes as may be necessary to reflect the actions
of the House in amending the bill; and (2) be instructed to change line
1, page 6, to read: ``which the person knows is a terror-''.
para.28.18 agriculture market transition
On motion of Mr. ROBERTS, by unanimous consent, the bill (H.R. 2854)
to modify the operation of certain agricultiural programs; together with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. ROBERTS, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
para.28.19 motion to instruct conferees--h.r. 2854
Mr. PETERSON of Minnesota moved that the managers on the part of the
House at the conference on the disagreeing votes of the two Houses on
H.R. 2854, be instructed to insist on the House language regarding
program extension of Conservation Reserve Program through the year 2002.
After debate,
On motion of Mr. PETERSON of Minnesota, the previous question was or
[[Page 492]]
dered on the motion to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HOBSON, announced that the yeas had it.
Mr. VOLKMER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
412
When there appeared
<3-line {>
Nays
0
para.28.20 [Roll No. 67]
YEAS--412
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--19
Berman
Chapman
Collins (IL)
de la Garza
Durbin
Franks (NJ)
Hall (OH)
Harman
Hayes
Johnston
McNulty
Menendez
Moakley
Moorhead
Quillen
Ros-Lehtinen
Smith (MI)
Stokes
Thomas
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.28.21 appointment of conferees--h.r. 2854
Thereupon, the SPEAKER pro tempore, Mr. HOBSON, by unanimous consent,
appointed Messrs. Roberts, Emerson, Gunderson, Ewing, Barrett of
Nebraska, Allard, Boehner, Pombo, de la Garza, Rose, Stenholm, Volkmer,
Johnson of South Dakota, and Condit, as managers on the part of the
House at said conference.
para.28.22 committee election--majority
Mr. HASTERT, by direction of the Republican Conference, submitted the
following privileged resolution (H. Res. 382):
Resolved, That the following named Member be, and he is
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Appropriations: Mr. Parker of Mississippi, to
rank following Mr. Riggs of California.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.28.23 committee resignation--minority
The SPEAKER pro tempore, Mr. HOBSON, laid before the House the
following communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 14, 1996.
Hon. Newt Gingrich,
U.S. House of Representatives, Washington, DC.
Dear Speaker, I hereby resign from the House Committee on
the Judiciary.
With best wishes, I am
Sincerely,
Jose E. Serrano,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.28.24 committee election--minority
Mr. FAZIO, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 383):
Resolved, That the following named Member be, and is
hereby, elected to the following standing committees of the
House of Representatives: To the Committee on Appropriations,
the following Member: Jose Serrano of New York.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.28.25 adjournment over
On motion of Mr. HASTERT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 2
o'clock p.m. on Monday, March 18, 1996.
para.28.26 hour of meeting
On motion of Mr. HASTERT, by unanimous consent,
Ordered, That when the House adjourns on Monday, March 18, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, March 19, 1996, for ``morning
hour'' debates.
para.28.27 calendar wednesday business dispensed with
On motion of Mr. HASTERT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
20, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.28.28 recess--4:29 p.m.
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 12 of rule I,
[[Page 493]]
declared the House in recess at 4 o'clock and 29 minutes p.m., subject
to the call of the Chair.
para.28.29 after recess--6:36 p.m.
The SPEAKER pro tempore, Mr. GOSS, called the House to order.
para.28.30 providing for the consideration of h.r. 2202
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-483) the resolution (H. Res. 384) providing for the
consideration of the bill (H.R. 2202) to amend the Immigration and
Nationality Act to improve deterrence of illegal immigration
investigative personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for eligibility for
employment, and through other measures, to reform the legal immigration
system and facilitate legal entries into the United States, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.28.31 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. GOSS, laid before the House a
communication, which was read as follows:
Washington, DC,
March 14, 1996.
I hereby designate the Honorable David Dreier to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through Tuesday, March 19, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.28.32 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2036. An Act to amend the Solid Waste Disposal Act to
make certain adjustments in the land disposal program to
provide needed flexibility, and for other purposes.
para.28.33 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. MYERS, for today until 12:30 p.m.; and
To Mr. UNDERWOOD, for today.
And then,
para.28.34 adjournment
On motion of Mr. DREIER, pursuant to the special order heretofore
agreed to, at 6 o'clock and 43 minutes p.m., the House adjourned until 2
o'clock p.m. on Monday, March 18, 1996.
para.28.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee of Conference. Conference report on
H.R. 956. A bill to establish legal standards and procedures
for product liability litigation, and for other purposes
(Rept. No. 104-481). Ordered to be printed.
Mr. THOMAS: Committee on House Oversight. H.R. 2739. A bill
to provide for a representational allowance for Members of
the House of Representatives, to make technical and
conforming changes to sundry provisions of law in consequence
of administrative reforms in the House of Representatives,
and for other purposes; with an amendment (Rept. No. 104-
482). Referred to the Committee of the Whole House on the
State of the Union.
Mr. DREIER: Committee on Rules. House Resolution 384.
Resolution providing for consideration of the bill (H.R.
2202) to amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by
increasing penalties for alien smuggling and for document
fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes (Rept.
No. 104-483). Referred to the House Calendar.
para.28.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BILBRAY (for himself, Mr. Moorhead, Mr. Packard,
Mr. Hunter, Mr. Cunningham, Mr. Thomas, Mr. Young of
Alaska, Mr. Schaefer, and Mr. Barton of Texas):
H.R. 3083. A bill to direct a property conveyance in the
State of California; to the Committee on Commerce.
By Mr. GENE GREEN of Texas:
H.R. 3084. A bill to provide for the furnishing of medical
care and disability benefits for former civilian prisoners of
war; to the Committee on Economic and Educational
Opportunities, and in addition to the Committee on Veterans'
Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. CHRISTENSEN (for himself, Mr. Ensign, Mr.
Chrysler, Mr. English of Pennsylvania, Mrs.
Seastrand, and Mr. Sam Johnson):
H.R. 3085. A bill to control crime by increasing penalties
for armed violent criminals and drug dealers; to the
Committee on the Judiciary.
By Mr. COX (for himself, Mrs. Johnson of Connecticut,
Mr. Herger, Ms. Lofgren, Mr. Traficant, Mr. Bryant of
Tennessee, Mr. Rohrabacher, Mr. Crane, Mr.
Radanovich, Mr. Hostettler, Mr. Goss, Mr. Smith of
Texas, and Mrs. Myrick):
H.R. 3086. A bill to permit the Secretary of the Treasury
to designate qualified delivery services, in addition to the
U.S. Postal Service, for purposes of timely filing of tax
documents with the Internal Revenue Service; to the Committee
on Ways and Means.
By Mr. BALLENGER (for himself, Mr. Goodling, and Mr.
Fawell):
H.R. 3087. A bill to amend the Fair Labor Standards Act of
1938 to provide that an employee's regular rate for purposes
of calculating overtime compensation will not be affected by
certain additional payments; to the Committee on Economic and
Educational Opportunities.
By Mr. BREWSTER (for himself, Mr. Dickey, and Mr.
Hutchinson):
H.R. 3088. A bill to provide for the exchange of certain
federally owned lands and mineral interests therein, and for
other purposes; to the Committee on Resources, and in
addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. ESHOO (for herself, Ms. Pelosi, Mr. Dellums, Mr.
Farr, Mr. Gejdenson, and Ms. Woolsey):
H.R. 3089. A bill to amend the Communications Act of 1934
in order to provide parents with greater control of their
children's access to online material; to the Committee on
Commerce.
By Mr. FARR (for himself, Mr. Studds, Mr. Abercrombie,
Mr. Miller of California, Mr. Faleomavaega, Mr.
Gejdenson, Mr. Tauzin, Mr. Gallegly, Mr. Gilchrest,
Mr. Jones, Mr. Longley, Mr. Torkildsen, Ms. Woolsey,
Ms. Lofgren, Ms. Eshoo, Mr. Ortiz, Mrs. Seastrand,
Mrs. Mink of Hawaii, Mr. Riggs, Mrs. Smith of
Washington, Mr. Goss, Mr. Saxton, Mr. Deutsch, and
Mr. Campbell):
H.R. 3090. A bill to authorize appropriations for the
National Marine Sanctuaries, and for other purposes; to the
Committee on Resources.
By Mr. FAWELL:
H.R. 3091. A bill to amend the National Labor Relations Act
to allow individuals against whom injunctive relief is sought
an opportunity to be heard; to the Committee on Economic and
Educational Opportunities.
By Mr. FRANKS of Connecticut:
H.R. 3092. A bill to amend the Internal Revenue Code of
1986 to encourage State unemployment insurance laws to
establish a system under which workers may purchase insurance
to cover the costs of health insurance during periods of
unemployment; to the Committee on Ways and Means.
H.R. 3093. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to
establish a brownfield cleanup loan program; to the Committee
on Commerce, and in addition to the Committee on
Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GRAHAM:
H.R. 3094. A bill to amend the Fair Labor Standards Act of
1938 to provide for an exemption from the overtime
compensation provisions of such act for professional
employees of contractors and subcontractors of the Federal
Government; to the Committee on Economic and Educational
Opportunities.
By Mr. HUTCHINSON (for himself, Mr. Paxon, Mr. Boehner,
Mr. Largent, Mr. Smith of Texas, Mr. Ballenger, Mrs.
Meyers of Kansas, Mr. Sam Johnson, Mr. McKeon, Mr.
Cunningham, Mr. Graham, Mr. Souder, Mr. Funderburk,
Mr. Goss, Mr. Barrett of Nebraska, Mr. Knollenberg,
Mr. Cremeans, Mr. Calvert, Mr. Taylor of North
Carolina, Mr. Doolittle, Mr. Dornan, Mr. Christensen,
Mr. Stearns, Mr. Linder, Mr. Cooley, Mr. Hayworth,
Mr. Goodlatte, Mr. Crane, and Mr. Ramstad):
H.R. 3095. A bill to prohibit discrimination in contracting
on federally funded projects on the basis of certain labor
policies of potential contractors; to the Committee on
Economic and Educational Opportunities.
By Mr. JACOBS (for himself and Mr. Burton of Indiana):
[[Page 494]]
H.R. 3096. A bill to mandate the use of instant replay in
the event of conflicting calls in a professional sports
league game played in the United States; to the Committee on
Commerce.
By Mrs. JOHNSON of Connecticut (for herself and Mrs.
Kennelly):
H.R. 3097. A bill to amend title 18, United States Code, to
prohibit the mailing of certain mail matter; to the Committee
on the Judiciary.
By Ms. LOFGREN:
H.R. 3098. A bill to amend title II of the Social Security
Act to diversify the investments of the Social Security trust
funds by providing for investment of 40 percent of each
year's surplus in such trust funds in certain private
obligations, securities, or other instruments; to the
Committee on Ways and Means.
By Mr. LUCAS (for himself and Mr. Brewster):
H.R. 3099. A bill to establish the Washita Battlefield
National Historic Site in the State of Oklahoma; to the
Committee on Resources.
By Mr. MANZULLO:
H.R. 3100. A bill to limit the authority of Federal courts
to fashion remedies that require local jurisdictions to
assess, levy, or collect taxes, and for other purposes; to
the Committee on the Judiciary.
By Mr. TOWNS:
H.R. 3101. A bill to require health plans to provide
coverage for a minimum period of time for a mother and child
following the birth of the child; to the Committee on
Commerce.
By Mr. VISCLOSKY:
H.R. 3102. A bill to amend the Internal Revenue Code of
1986 with respect to treatment of corporations, and for other
purposes; referred to the Committee on Ways and Means, and in
addition to the Committees on Resources, and Agriculture, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. SANDERS (for himself, Mr. LaFalce, and Mr.
Metcalf):
H. Con. Res. 152. Concurrent resolution expressing the
sense of Congress that legislation containing a cross-border
fee for vehicles and pedestrians entering the United States
from Canada or Mexico is unwise and should not be enacted; to
the Committee on the Judiciary.
By Mr. HASTERT:
H. Res. 382. Resolution electing Representative Mike Parker
of Mississippi to the Committee on Appropriations; considered
and agreed to.
By Mr. FAZIO of California:
H. Res. 383. Resolution electing Representative Jose
Serrano of New York to the Committee on Appropriations;
considered and agreed to.
By Mr. BAKER of Louisiana (for himself, Mr. Hayes, Mr.
Bachus, Mr. Lazio of New York, Mr. Kennedy of
Massachusetts, Ms. Velazquez, Ms. Roybal-Allard, Mr.
Kanjorski, Mr. LoBiondo, Mrs. Meek of Florida, Mr.
Chrysler, Mr. King, Mr. Frank of Massachusetts, Mr.
Schumer, Mr. McCrery, Mrs. Maloney, Mr. Cremeans, Mr.
Heineman, Mr. Ackerman, Mr. Sanders, Mr. Stockman,
Mr. Gutierrez, Mr. Watt of North Carolina, Mr.
Tauzin, Mr. LaFalce, Mr. Ehrlich, Mr. Flake, Mr.
Bono, and Mr. Roth):
H. Res. 385. Resolution expressing the sense of the House
of Representatives regarding tactile currency for the blind
and visually impaired; to the Committee on Banking and
Financial Services.
para.28.37 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
208. By the SPEAKER: Memorial of the House of
Representatives of the State of Washington, relative to the
control or eradication of nonnative noxious weeds in the
State of Washington; to the Committee on Agriculture.
209. Also, memorial of the House of Representatives of the
State of Georgia, relative to petitioning the President of
the United States and the Congress of the United States to
recind and remove any action that would give the Food and
Drug Administration regulatory powers over the tobacco
industry; to the Committee on Commerce.
210. Also, memorial of the Senate of the State of
Washington, relative to requesting the Congress of the United
States to implement clarification of the Indian Gaming
Regulatory Act of 1988; to the Committee on Resources.
para.28.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 580: Mr. Souder, Mr. Poshard, and Ms. Eddie Bernice
Johnson of Texas.
H.R. 761: Mr. Watt of North Carolina and Mr. Menendez.
H.R. 773: Mr. Campbell and Mr. Frost.
H.R. 784: Mr. Roth and Mrs. Vucanovich.
H.R. 969: Mr. Filner.
H.R. 997: Mr. Gordon and Mr. Meehan.
H.R. 1073: Mrs. Schroeder, Mr. Fazio of California, Mr.
Pallone, Mr. Hilliard, Ms. Pryce, and Mr. Kildee.
H.R. 1074: Mrs. Schroeder, Mr. Fazio of California, Mr.
Pallone, Mr. Hilliard, Ms. Pryce, and Mr. Kildee.
H.R. 1127: Mr. Hostettler.
H.R. 1406: Mr. Lipinski, Mr. Johnston of Florida, Mr.
Tejeda, Mr. Fazio of California, Mr. Wynn, Ms. Lofgren, and
Mr. Richardson.
H.R. 1434: Mr. English of Pennsylvania.
H.R. 1496: Mr. Payne of New Jersey.
H.R. 1514: Mr. Bilirakis, Mr. Davis, Mr. Salmon, Mr.
Poshard, and Mr. Roberts.
H.R. 1684: Mr. Barret of Wisconsin, Mr. Berman, Mr. Blute,
Mr. Bonilla, Mr. Brewster, Mr. Browder, Mr. Callahan, Mr.
Condit, Mr. Deal of Georgia, Mr. Everett, Mr. Gonzalez, Ms.
Eddie Bernice Johnson of Texas, Mr. Kingston, Mr. Montgomery,
Mr. Neumann, Mr. Pallone, Mr. Peterson of Minnesota, Mr.
Portman, Mr. Quinn, Mr. Rahall, Mr. Roemer, Mr. Stenholm, Mr.
Stump, Mr. Talent, Mr. Tauzin, Mrs. Thurman, Mr. Tanner, Mr.
Zeliff, Mr. Abercrombie, Mr. Baesler, Mr. Brown of Ohio, Mr.
Coleman, Ms. Danner, Mr. Doyle, Mr. Fields of Texas, Mr.
Gibbons, Mr. Graham, Ms. Harman, Mr. Hastings of Florida, Mr.
Holden, Mr. Houghton, Ms. Jackson-Lee, Mr. Sam Johnson, Mr.
Kennedy of Rhode Island, Mr. Kildee, Mrs. Lincoln, Mr.
McHale, Mr. Pastor, Ms. Rivers, Mr. Sanders, Mrs. Schroeder,
Mr. Spratt, and Mr. Toricelli.
H.R. 1893: Mr. Frazer and Mr. Paxon.
H.R. 1916: Mr. Gillmor and Mr. Cox.
H.R. 1972: Mr. Hayes.
H.R. 2391: Mr. Hutchinson, Mr. Inglis of South Carolina,
Mr. Kim, and Ms. Pryce.
H.R. 2407: Mr. Ackerman, Mr. Porter, Mr. Dellums, Mr.
Cardin, Ms. Woolsey, Mr. Berman, Ms. Norton, Ms. Lofgren, and
Ms. Eddie Bernice Johnson of Texas.
H.R. 2416: Mr. Markey and Mr. Taylor of North Carolina.
H.R. 2434: Mr. Linder, Mr. Herger, and Mr. Bartlett of
Maryland.
H.R. 2531: Mr. Brewster.
H.R. 2543: Mr. Bono.
H.R. 2608: Mr. Thompson.
H.R. 2634: Mr. Quillen.
H.R. 2651: Mr. Lewis of Georgia.
H.R. 2655: Mr. Andrews.
H.R. 2723: Mr. Salmon.
H.R. 2727: Mr. McKeon and Mr. Smith of Michigan.
H.R. 2740: Mr. Tate.
H.R. 2779: Mr. Ortiz.
H.R. 2807: Ms. Lofgren and Ms. Velazquez.
H.R. 2815: Mr. Clement and Mr. Duncan.
H.R. 2827: Mr. Rose.
H.R. 2885: Mr. Horn and Mr. McCollum.
H.R. 2909: Mr. Sanders.
H.R. 2912: Mr. Taylor of North Carolina.
H.R. 2915: Mr. McHale.
H.R. 2925: Mr. Rogers, Mr. Souder, Mr. Taylor of
Mississippi, Mr. Condit, Mr. Frelinghuysen, Mr. Gillmor, Mr.
DeFazio, Mr. Livingston, Mr. Kildee, and Mrs. Fowler.
H.R. 2928: Mr. McIntosh, Mr. Cooley, Mr. Burr, and Mr.
English of Pennsylvania.
H.R. 2930: Mr. Burr.
H.R. 2931: Mr. Quinn and Mr. Thompson.
H.R. 2933: Mr. Hinchey and Mr. Fattah.
H.R. 2959: Mr. Houghton, Mr. Sawyer, Mr. Ehlers, Mr. Fox,
Mr. Davis, Mr. Stupak, Mr. Owens, Mr. Blute, and Mr. Miller
of Florida.
H.R. 2963: Mrs. Morella, Mr. Frazer, Mr. Bentsen, Mr.
Stokes, Mr. Frost, Ms. Eddie Bernice Johnson of Texas, Ms.
DeLauro, Mr. Abercrombie, Mr. Torres, Ms. McKinney, Mr.
Hastings of Florida, Mrs. Clayton, Ms. Waters, Mr. Scott, Mr.
Owens, Mr. Bishop, Mr. Lewis of Georgia, Mr. Clyburn, Mr.
Thompson, Mr. Fattah, Mr. Rangel, Mr. Hilliard, Ms. Jackson-
Lee, and Mr. Jefferson.
H.R. 2976: Mr. Frank of Massachusetts, Mr. Miller of
California, Mr. Neal of Massachusetts, Mr. Oxley, and Mr.
Torkildsen.
H.R. 2991: Mr. Berman, Mr. Lewis of Georgia, and Mr.
Foglietta.
H.R. 3002: Mr. Weller and Mr. Gunderson.
H.R. 3004: Mr. Payne of Virginia, Mr. Tanner, Mr. Dickey,
Mr. Mascara, and Mr. Ewing.
H.R. 3048: Mr. Skelton.
H.R. 3060: Mr. Calvert and Mr. Foley.
H.J. Res. 70: Mr. Andrews.
H.J. Res. 127: Mr. Cremeans.
H.J. Res. 159: Mr. Smith of Michigan, Mr. Fawell, Mr.
Condit, and Mr. Fields of Texas.
H. Con. Res. 47: Mr. Bono and Mr. Cramer.
H. Con. Res. 73: Mrs. Mink of Hawaii.
H. Con. Res. 144: Mr. Rose and Mr. Visclosky.
H. Con. Res. 148: Mr. Bartlett of Maryland, Mr. Largent,
Mr. Stump, Mr. Quillen, Mr. Bilbray, Mr. Shadegg, Mr.
Ehrlich, Mr. Ackerman, Mr. Saxton, Mr. Wolf, Mr. Christensen,
and Mr. Lewis of Kentucky.
H. Res. 348: Ms. Danner.
H. Res. 359: Mr. Emerson, Mr. Miller of California, and
Mrs. Meyers of Kansas.
.
MONDAY, MARCH 18, 1996 (29)
para.29.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. MYERS,
who laid before the House the following communication:
Washington, DC,
March 18, 1996.
I hereby designate the Honorable John T. Myers to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.29.2 approval of the journal
The SPEAKER pro tempore, Mr. MYERS, announced he had examined
[[Page 495]]
and approved the Journal of the proceedings of Thursday, March 14, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.29.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2254. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to renew the lease of
Manitowoc to the Taipei Economic and Cultural Representative,
pursuant to 10 U.S.C. 7307(b)(2); to the Committee on
National Security.
2255. A letter from the Acting President and Chairman,
Export-Import Bank of the United States, transmitting a
report involving United States exports to the Republic of
Korea, pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee
on Banking and Financial Services.
2256. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-222, ``Clean
Hands Before Receiving a License or Permit Act of 1996,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
2257. A letter from the Director, Defense Security
Assistance Agency, transmitting informing Congress of the
delivery of articles, services and training to Laos, as
directed by Presidential Determination 93-45, pursuant to
Public Law 102-391, section 575A(c) (106 Stat. 1684);
jointly, to the Committees on International Relations and
Appropriations.
para.29.4 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. MYERS, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, March 15, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, March 15, 1996 at
10:15 a.m.: that the Senate passed without amendment H.J.
Res. 163.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.29.5 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. MYERS, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, March 18, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Monday, March 18, 1996 at
10:50 a.m.: that the Senate passed without amendment H.J.
Res. 78.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.29.6 enrolled joint resolution signed
The SPEAKER pro tempore, Mr. MYERS, announced that pursuant to clause
4, rule I, the Speaker pro tempore signed the following enrolled joint
resolution on Friday, March 15, 1996:
H.J. Res. 163. A joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.29.7 communication from chairman-immigration
The SPEAKER pro tempore, Mr. MYERS, laid before the House a
communication, which was read as follows:
House of Representatives,
Committee on the Judiciary,
Washington, DC, March 15, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: The Committee on the Judiciary has
received further costs estimates from the Congressional
Budget Office relating to intergovernmental and private
sector mandates cost estimates for the ``Immigration in the
National Interest Act of 1995'' (H.R. 2202). I am placing
this letter in the Congressional Record so that all members
may have the benefit of this information.
Sincerely,
Henry J. Hyde,
Chairman.
para.29.8 bill and joint resolution presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following day present to the President, for his
approval, a bill and joint resolution of the House of the following
titles:
On March 15, 1996:
H.R. 2036. An Act to amend the Solid Waste Disposal Act to
make certain adjustments in the land disposal program to
provide needed flexibility, and for other purposes.
H.J. Res. 163. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
And then,
para.29.9 adjournment
The SPEAKER pro tempore, Mr. MYERS, by unanimous consent, and pursuant
to the special order agreed to on Thursday, March 14, 1996, at 2 o'clock
and 3 minutes p.m. declared the House adjourned until 12:30 o'clock p.m.
on Tuesday, March 19, 1996.
para.29.10 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SMITH of Texas: Committee on the Judiciary. H.R. 2937.
A bill for the reimbursement of legal expenses and related
fees incurred by former employees of the White House Travel
Office with respect to the termination of their employment in
that Office on May 19, 1993; with amendments (Rept. No. 104-
484). Referred to the Committee of the Whole House on the
State of the Union.
Mr. HYDE: Committee on the Judiciary. House Joint
Resolution 129. Resolution granting the consent of Congress
to the Vermont-New Hampshire Interstate Public Water Supply
Compact (Rept. No. 104-485). Referred to the House Calendar.
para.29.11 discharge of committee
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
[The following action occurred on Mar. 15, 1996]
H.R. 2130. The Committee on Banking and Financial Services
discharged from further consideration. Referred to the
Committee of the Whole House on the State of the Union.
para.29.12 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ARCHER (for himself, Mr. Thomas, Mr. Bilirakis,
Mr. Bliley, Mr. Hastert, Mr. Zimmer, Mr. Dickey, Mr.
Lazio, of New York, Mr. Weller, and Mr. Castle):
H.R. 3103. A bill to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health
care delivery, to promote the use of medical savings
accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Economic and Educational
Opportunities, Commerce, and the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. VUCANOVICH:
H.R. 3104. A bill to amend the Internal Revenue Code of
1986 to provide special rules relating to veteran's
reemployment rights under the Uniformed Services Employment
and Reemployment Rights Act of 1994; to the Committee on Ways
and Means.
By Mr. WOLF:
H.R. 3105. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to exempt
certain state and local redevelopment boards or commissions,
and fresh start users of facilities purchased from those
boards or commissions, from the liability under that act; to
the Committee on Commerce, and in addition to the Committee
on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WYNN:
H.R. 3106. A bill to improve rail transportation safety,
and for other purposes; to the Committee on Transportation
and Infrastructure.
para.29.13 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 324: Ms. Norton, Mr. McDermott, and Mr. Frazer.
H.R. 835: Mr. Payne of New Jersey and Mr. Hastings of
Florida.
H.R. 1619: Mr. Ford.
H.R. 2270: Mr. Schiff.
H.R. 2286: Mr. Cooley, Mr. Brewster, and Mr. Rohrabacher.
H.R. 2665: Ms. Pryce.
H.R. 2856: Mr. Abercrombie.
H. Con. Res. 151: Mr. Jackson, Mr. Tejeda, and Mr. Bishop.
[[Page 496]]
.
TUESDAY, MARCH 19, 1996 (30)
The House was called to order by the SPEAKER at 12:30 p.m.
para.30.1 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.30.2 ``morning hour'' debates
The SPEAKER, pursuant to the order of the House of Friday, May 12,
1995, recognized Members for ``morning hour'' debates.
para.30.3 recess--1:21 p.m.
The SPEAKER pro tempore, Mr. NETHERCUTT, pursuant to clause 12 of rule
I, declared the House in recess until 2 o'clock p.m.
para.30.4 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. HUTCHINSON, called the House to order.
para.30.5 approval of the journal
The SPEAKER pro tempore, Mr. HUTCHINSON, announced he had examined and
approved the Journal of the proceedings of Monday, March 18, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.30.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2258. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979 report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the first quarter of fiscal year
1996, October 1, 1995--December 31, 1995, pursuant to 22
U.S.C. 2776(a); to the Committee on International Relations.
2259. A letter from the Assistant Secretary, Department of
the Treasury, transmitting a report of activities under the
Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2260. A letter from the Director of Communications,
Department of Agriculture, transmitting a report of
activities under the Freedom of Information Act for the
calendar year 1995, pursuant to 5 U.S.C. 552(e); to the
Committee on Government Reform and Oversight.
2261. A letter from the Archivist of the United States,
National Archives, transmitting a report of activities under
the Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
2262. A letter from the Executive Director, Pension Benefit
Guaranty Corporation, transmitting a report of activities
under the Freedom of Information Act for the calendar year
1995, pursuant to 5 U.S.C. 552(a); to the Committee on
Government Reform and Oversight.
2263. A letter from the Acting Chairman, U.S. Commodity
Futures Trading Commission, transmitting a report of
activities under the Freedom of Information Act for the
calendar year 1995, pursuant to 5 U.S.C. 552(b); to the
Committee on Government Reform and Oversight.
2264. A letter from the President, National Park
Foundation, transmitting the Foundation's annual report for
fiscal year 1995, pursuant to 16 U.S.C. 19n and 19dd(f); to
the Committee on Resources.
2265. A letter from the Secretary of Agriculture,
transmitting the Department's report entitled ``Southeast
Alaska Public Lands Information Center, Hydaburg Branch''
report to Congress, April 1995, pursuant to Public Law 99-
664, section 11(f) (100 Stat. 4309); to the Committee on
Resources.
2266. A letter from the Assistant Attorney General,
Department of Justice, transmitting the 1994 annual report on
the activities and operations of the Department's Public
Integrity Section, Criminal Division, pursuant to 28 U.S.C.
529; to the Committee on the Judiciary.
para.30.7 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. HUTCHINSON, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Clerk,
Washington, DC, March 19, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Monday, March 18th
at 2:55 p.m. and said to contain a message from the President
whereby he transmits the text of a proposed agreement between
the U.S. Government and the Government of the Argentine
Republic Regarding the Peaceful Uses of Nuclear Energy.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.30.8 u.s.-argentina nuclear energy agreement
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I am pleased to transmit to the Congress, pursuant to sections 123 b.
and 123 d. of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2153(b), (d)), the text of a proposed Agreement for Cooperation Between
the Government of the United States of America and the Government of the
Argentine Republic Concerning Peaceful Uses of Nuclear Energy with
accompanying annex and agreed minute. I am also pleased to transmit my
written approval, authorization, and determination concerning the
agreement, and the memorandum of the Director of the United States Arms
Control and Disarmament Agency with the Nuclear Proliferation Assessment
Statement concerning the agreement. The joint memorandum submitted to me
by the Secretary of State and the Secretary of Energy, which includes a
summary of the provisions of the agreement and various other
attachments, including agency views, is also enclosed.
The proposed agreement with the Argentine Republic has been negotiated
in accordance with the Atomic Energy Act of 1954, as amended by the
Nuclear Non-Proliferation Act of 1978 (NNPA) and as otherwise amended.
In my judgment, the proposed agreement meets all statutory requirements
and will advance the non-proliferation and other foreign policy
interests of the United States. The agreement provides a comprehensive
framework for peaceful nuclear cooperation between the United States and
Argentina under appropriate conditions and controls reflecting a strong
common commitment to nuclear non-proliferation goals.
The proposed new agreement will replace an existing U.S.-Argentina
agreement for peaceful nuclear cooperation that entered into force on
July 25, 1969, and by its terms would expire on July 25, 1999. The
United States suspended cooperation with Argentina under the 1969
agreement in the late 1970's because Argentina did not satisfy a
provision of section 128 of the Atomic Energy Act (added by the NNPA)
that required full-scope International Atomic Energy Agency (IAEA)
safeguards in nonnuclear weapon states such as Argentina as a condition
for continued significant U.S. nuclear exports.
On December 13, 1991, Argentina, together with Brazil, the Argentine-
Brazilian Agency for Accounting and Control of Nuclear Materials (ABACC)
and the IAEA signed a quadrilateral agreement calling for the
application of full-scope IAEA safeguards in Argentina and Brazil. This
safeguards agreement was brought into force in March 1994. Resumption of
cooperation would be possible under the 1969 U.S.-Argentina agreement
for cooperation. However, both the United States and Argentina believe
it is preferable to launch a new era of cooperation with a new agreement
that reflects, among other things:
--An updating of terms and conditions to take account of intervening
changes in the respective domestic legal and regulatory frameworks
of the parties in the area of peaceful nuclear cooperation;
--Reciprocity in the application of the terms and conditions of
cooperation between the parties; and
--Additional international non-proliferation commitments entered into
by the parties since 1969.
Over the past several years Argentina has made a definitive break with
earlier ambivalent nuclear policies and has embraced wholeheartedly a
series of important steps demonstrating its firm commitment to the
exclusively peaceful uses of nuclear energy. In addition to its full-
scope safeguards agreement with the IAEA, Argentina has made the
following major non-proliferation commitments:
--It brought the Treaty for the Prohibition of Nuclear Weapons in
Latin America and the Caribbean (Treaty of Tlatelolco) into force
for itself on January 18, 1994;
--It became a full member of the Nuclear Suppliers Group in April
1994; and
[[Page 497]]
--It acceded to the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT) on February 10, 1995.
Once Argentina's commitment to full-scope IAEA safeguards was clear,
and in anticipation of the additional steps subsequently taken by
Argentina to adopt responsible policies on nuclear non-proliferation,
the United States entered into negotiations with Argentina on a new
agreement for peaceful nuclear cooperation and reached ad referendum
agreement on a text on September 3, 1992. Further steps to conclude the
agreement were interrupted, however, by delays (not all of them
attributable to Argentina) in bringing the full-scope IAEA safeguards
agreement into force, and by steps, recently completed, to resolve
issues relating to Argentina's eligibility under section 129 of the
U.S. Atomic Energy Act to receive U.S. nuclear exports. As the
agreement text initialed with Argentina in 1992 continues to satisfy
current U.S. legal and policy requirements, no revision has been
necessary.
The proposed new agreement with Argentina permits the transfer of
technology, material, equipment (including reactors), and components
for nuclear research and nuclear power production. It provides for U.S.
consent rights to retransfers, enrichment, and reprocessing as required
by U.S. law. It does not permit transfers of any sensitive nuclear
technology, restricted data, or sensitive nuclear facilities or major
critical components thereof. In the event of termination, key
conditions and controls continue with respect to material and equipment
subject to the agreement.
From the U.S. perspective the proposed new agreement improves on the
1969 agreement by the addition of a number of important provisions.
These include the provisions for full-scope safeguards; perpetuity of
safeguards; a ban on ``peaceful'' nuclear explosives; a right to
require the return of exported nuclear items in certain circumstances;
a guarantee of adequate physical protection; and a consent right to
enrichment of nuclear material subject to the agreement.
I have considered the views and recommendations of the interested
agencies in reviewing the proposed agreement and have determined that
its performance will promote, and will not constitute an unreasonable
risk to, the common defense and security. Accordingly, I have approved
the agreement and authorized its execution and urge that the Congress
give it favorable consideration.
Because this agreement meets all applicable requirements of the
Atomic Energy Act, as amended, for agreements for peaceful nuclear
cooperation, I am transmitting it to the Congress without exempting it
from any requirement contained in section 123 a. of that Act. This
transmission shall constitute a submittal for purposes of both sections
123 b. and 123 d. of the Atomic Energy Act. The Administration is
prepared to begin immediately the consultations with the Senate Foreign
Relations and House International Relations Committees as provided in
section 123 b. Upon completion of the 30-day continuous session period
provided for in section 123 b., the 60-day continuous session period
provided for in section 123 d. shall commence.
William J. Clinton.
The White House, March 18, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-188).
para.30.9 message from the president--budget, fy 1997
The SPEAKER pro tempore, Mr. HUTCHINSON, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
The 1997 Budget, which I am transmitting to you with this message,
builds on our strong economic record by balancing the budget in seven
years while continuing to invest in the American people.
The budget cuts unnecessary and lower priority spending while
protecting senior citizens, working families, and children. It reforms
welfare to make work pay and provides tax relief to middle-income
Americans and small business.
Three years ago, we inherited an economy that was suffering from
short- and long-term problems--problems that were created or exacerbated
by the economic and budgetary policies of the previous 12 years.
In the short term, economic growth was slow and job creation was weak.
The budget deficit, which had first exploded in size in the early 1980s,
was rising to unsustainable levels.
Over the longer term, the growth in productivity had slowed since the
early 1970s and, as a result, living standards had stagnated or fallen
for most Americans. At the same time, the gap between rich and poor had
widened.
Over the last three years, we have put in place budgetary and other
economic policies that have fundamentally changed the direction of the
economy--for the better. We have produced stronger growth, lower
interest rates, stable prices, millions of new jobs, record exports,
lower personal and corporate debt burdens, and higher living standards.
Working with the last Congress in 1993, we enacted an economic program
that has worked better than even we projected in spurring growth and
reducing the deficit. We have cut the deficit nearly in half, from $290
billion in 1992 to $164 billion in 1995. As a share of the Gross
Domestic Product, we have cut the deficit by more than half in three
years, bringing the deficit to its lowest level since 1979.
While cutting overall discretionary spending, we also shifted
resources to investments in our future. With wages increasingly linked
to skills, we invested wisely in education and training to help
Americans acquire the tools they need for the high-wage jobs of
tomorrow. We also invested heavily in science and technology, which has
been a strong engine of economic growth throughout the Nation's
history.
For Americans struggling to raise their children and make ends meet,
we have sought to make work pay. We expanded the Earned Income Tax
Credit, providing tax relief for 15 million working families. And we
have given 37 States the freedom to test ways to move people from
welfare to work while protecting children.
As the economy has become increasingly global, prosperity at home
depends heavily on opening foreign markets to American goods and
services. With this in mind, we secured legislation to implement the
General Agreement on Tariffs and Trade and the North American Free
Trade Agreement, and we have completed over 80 other trade agreements.
Under our leadership, U.S. exports have grown to an all-time high.
With these policies, we have helped pave the way for a future of
sustained economic growth, low interest rates, stable prices, and more
opportunity for Americans of all incomes. But our work is not done.
Looking ahead, as I said recently in my State of the Union address,
we must answer three fundamental questions: First, how do we make the
American dream of opportunity for all a reality for all Americans who
are willing to work for it? Second, how do we preserve our old and
enduring values as we move into the future? And, third, how do we meet
these challenges together, as one America?
This budget addresses those questions.
creating an age of possibility
I am committed to finishing the job that we began in 1993 and finally
bringing the budget into balance. In our negotiations with
congressional leaders, we have made great progress toward reaching an
agreement. We have simply come too far to let this opportunity slip
away.
A balanced budget would reduce interest rates for all Americans,
including the young families across the land who are struggling to buy
their first homes. It also would free up funds in the private markets
with which businesses could invest in factories and equipment, or in
training their workers.
But we have to balance the budget the right way--by cutting
unnecessary and lower priority spending; investing in the future;
protecting senior citizens, working families, children, and other
vulnerable Americans; and providing tax relief for middle-income
Americans and small businesses.
My budget does that. It strengthens Medicare and Medicaid, on which
millions of senior citizens, people with disabilities, and low-income
Americans rely. It reforms welfare. It cuts other
[[Page 498]]
entitlements. And it cuts deeply into discretionary spending.
But while cutting overall discretionary spending, my budget invests
in education and training, the environment, science and technology, law
enforcement, and other priorities to help build a brighter future for
all Americans. We should spend more on what we need, less on what we
don't.
projecting american leadership
Across the globe, we live in a time of great opportunity and great
challenge. With the end of the Cold War, the world looks to the United
States for leadership. Providing it is clearly in our best interest. We
must not turn away.
My budget provides the necessary resources to advance America's
strategic interests, carry out our foreign policy, open markets abroad,
and support U.S. exports. It also provides the resources to confront
the emerging global threats that have replaced the Cold War as major
concerns--regional, ethnic, and national conflicts; the proliferation
of weapons of mass destruction; international terrorism and crime;
narcotics trading; and environmental degradation.
On the diplomatic front, our successes have been numerous and
heartening, and they have made the world a safer and more stable place.
Through our leadership, we are helping to bring peace to Bosnia and the
Middle East, and we have spurred progress in Northern Ireland. We also
encouraged the movement toward democracy and free markets in Russia and
Central Europe, and we led a successful international effort to defuse
the nuclear threat from North Korea.
On the military front, we have deployed our forces where we could be
effective and where it was in our interest to promote stability by
ending bloodshed (such as in Bosnia) and suffering (such as in Rwanda).
We also have used the threat of force to ease tensions, such as to
unseat an unwelcome dictatorship in Haiti and to stare down Iraq when
it threatened again to move against Kuwait.
This budget provides the funds to sustain and modernize the world's
strongest, best-trained, best-equipped, and most ready military force.
Through it, we continue to support service members and their families
with quality-of-life improvements in the short term, while planning to
acquire the new technologies that will become available at the turn of
this decade.
creating opportunity and encouraging responsibility
The Federal Government cannot--by itself--solve most of the problems
and address most of the challenges that we face as a people. In some
cases, it must play a lead role--whether to ensure the guarantee of
health care for vulnerable Americans, expand access to education and
training, invest in science and technology, protect the environment, or
make the tax code fairer. In other cases, it must play more of a
partnership role--working with States, localities, non-profit groups,
churches and synagogues, families, and individuals to strengthen
communities, make work pay, protect public safety, and improve the
quality of education.
To restore the American community, the budget invests in national
service, through which 25,000 Americans this year are helping to solve
problems in communities while earning money for postsecondary education
or to repay student loans. We want to create more Empowerment Zones and
Enterprise Communities to spur economic development and expand
opportunities for the residents of distressed urban and rural areas. We
want to expand the Community Development Financial Institutions Fund to
provide credit and other services to such communities. With the same
goal in mind, we want to transform the Department of Housing and Urban
Development into an agency that better addresses local needs. And we
want to maintain our relationship with, and the important services we
provide to, Native Americans.
In health care, our challenge is to improve the existing and largely
successful system, not to end the guarantees of coverage on which
millions of vulnerable Americans rely. My budget strengthens Medicare
and Medicaid, ensuring their continued vitality. For Medicare, it
strengthens the Part A trust fund, provides more choice for seniors and
people with disabilities, and makes the program more efficient and
responsive to beneficiary needs. For Medicaid, it gives States more
flexibility to manage their programs while preserving the guarantee of
health coverage for the most vulnerable Americans, retains current
nursing home quality standards, and continues to protect the spouses of
nursing home residents from impoverishment. My budget proposes reforms
to make private health care more accessible and affordable, and premium
subsidies to help those who lose their jobs pay for private coverage
for up to six months. It also invests more in various public health
services, such as the Ryan White program to serve people living with
AIDS, and research and regulatory activities that promote public
health.
Because American's welfare system is broken, we have worked hard to
fix those parts of it that we could without congressional action. For
instance, we have given 37 States the freedom to test ways to move
people from welfare to work while protecting children, and we are
collecting record amounts of child support. But now, I need the help of
Congress. Together, in 1993 we expanded the Earned Income Tax Credit
for 15 million working families, rewarding work over welfare. Now, my
budget overhauls welfare by setting a time limit on cash benefits and
imposing tough work requirements, and I want us to enact bipartisan
legislation that requires work, demands responsibility, protects
children, and provides adequate resources to get the job done right--
with child care and training, giving recipients the tools they need.
More and more, education and training have become the keys to higher
living standards. While Americans clearly want States and localities to
play the lead role in education, the Federal Government has an
important supporting role to play--from funding pre-school services
that prepare children to learn, to expanding access to college and
worker retraining. My budget continues the strong investments that we
have made to give Americans the skills they need to get good jobs.
Along with my ongoing investments, my budget proposes a Technology
Literacy Challenge Fund to bring the benefits of technology into the
classroom, a $1,000 merit scholarship for the top five percent of
graduates in every high school, and more Charter Schools to let
parents, teachers, and communities create public schools to meet their
own children's needs.
As Americans, we can take pride in cleaning up the environment over
the last 25 years, with leadership from Presidents of both parties. But
our job is not done--not with so many Americans breathing dirty air or
drinking unsafe water. My budget continues our efforts to find
solutions to our environmental problems without burdening business or
imposing unnecessary regulations. We are providing the necessary funds
for the Environmental Protection Agency's operating program, for our
national parks and forests, for my plan to restore the Florida
Everglades, and for my ``brownfields'' initiative to clean up
abandoned, contaminated industrial sites in distressed urban and rural
communities. And we are continuing to reinvent the regulatory process
by working collaboratively with business, rather than treating it as an
adversary.
With science and technology (S&T) so vital to our economic future,
our national security, and the well-being of our people, my budget
continues our investments in this crucial area. To maintain our
investments, I am asking Congress to fulfill my request for basic
research in health sciences at the National Institutes of Health, for
basic research and education at the National Science Foundation, for
research at other agencies that depend on S&T for their missions, and
for cooperative projects with universities and industry, such as the
industry partnerships created under the Advanced Technology Program.
To attack crime, the Federal Government must work with States and
communities on some problems and lead on others. To help communities,
we continue to invest in the Community Oriented Policing Services
(COPS) program, which is putting 100,000 more police on the street. We
are helping States build more prisons and jail space, better enforce
the Brady bill that helps prevent criminals from buying handguns, and
better address the
[[Page 499]]
problem of youth gangs. At the Federal level, we are leading the fight
to stop drugs from entering the country and expand drug treatment
efforts, and we are stepping up our efforts to secure the border
against illegal immigration while we help to defray State costs for
such immigration.
For many families, of course, the first challenge often is just to
pay the bills. My budget proposes tax relief for middle-income
Americans and small businesses. It provides an income tax credit for
each dependent child under 13; a deduction for college tuition and
fees; and expanded individual retirement accounts to help families save
for future needs and more easily pay for college, buy a first home, pay
the bills during times of unemployment, or pay medical or nursing home
costs. For small business, it offers more tax benefits to invest,
provides estate tax relief, and makes it easier to set up pensions for
employees. It also would expand the tax deduction to make health
insurance for the self-employed more affordable.
making government work
As we pursue these priorities, we will do so with a Government that
is leaner, but not meaner, one that works efficiently, manages
resources wisely, focuses on results rather than merely spending money,
and provides better service to the American people. Through the
National Performance Review, led by Vice President Gore, we are making
real progress in creating a Government that ``works better and costs
less.''
We have cut the size of the Federal workforce by over 200,000 people,
creating the smallest Federal workforce in 30 years, and the smallest
as a share of the total workforce since before the New Deal. We are
ahead of schedule to cut the workforce by 272,900 positions, as
required by the 1994 Federal Workforce Restructuring Act that I signed
into law.
Just as important, the Government is working better. Agencies such as
the Social Security Administration, the Customs Service, and the
Veterans Affairs Department are providing much better service to their
customers. Across the Government, agencies are using information
technology to deliver services more efficiently to more people.
We are continuing to reduce the burden of Federal regulation,
ensuring that our rules serve a purpose and do not unduly burden
businesses or taxpayers. We are eliminating 16,000 pages of regulations
across Government, and agencies are improving their rulemaking
processes.
In addition, we continue to overhaul Federal procurement so that the
Government can buy better products at cheaper prices from the private
sector. No longer does the Government pay outrageous prices for
hammers, ashtrays, and other small items that it can buy cheaper at
local stores.
As we look ahead, we plan to work more closely with States and
localities, with businesses and individuals, and with Federal workers
to focus our efforts on improving services for the American people.
Under the Vice President's leadership, agencies are setting higher and
higher standards for delivering faster and better service.
Conclusion
Our agenda is working. We have significantly reduced the deficit,
strengthened the economy, invested in our future, and cut the size of
Government while making it work better for the American people.
Now, we have an opportunity to build on our success by balancing the
budget the right way. It is an opportunity we should not miss.
William J. Clinton.
March 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-162).
para.30.10 committees and subcommittees to sit
On motion of Mr. SMITH of Texas, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Economic and Educational Opportunities, the
Committee on Government Reform and Oversight, the Committee on
International Relations, the Committee on National Security, the
Committee on Resources, the Committee on Science, and the Permanent
Select Committee on Intelligence.
para.30.11 legal expenses of travel office employees
Mr. SMITH of Texas moved to suspend the rules and pass the bill (H.R.
2937) for the reimbursement of legal expenses and related fees incurred
by former employees of the White House Travel Office with respect to the
termination of their employment in that Office on May 19, 1993; as
amended.
The SPEAKER pro tempore, Mr. HUTCHINSON, recognized Mr. SMITH of Texas
and Mr. FRANK of Massachusetts, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. SCHIFF demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.30.12 vermont-new hampshire public water supply
Mr. GEKAS moved to suspend the rules and pass the joint resolution
(H.J. Res. 129) granting the consent of Congress to the Vermont-New
Hampshire Interstate Public Water Supply Compact.
The SPEAKER pro tempore, Mr. HUTCHINSON, recognized Mr. GEKAS and Mr.
REED, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
On motion of Mr. GEKAS, by unanimous consent, the Committee on the
Judiciary was discharged from further consideration of the joint
resolution of the Senate (S.J. Res. 38) granting the consent of Congress
to the Vermont-New Hampshire Interstate Public Water Supply Compact.
When said joint resolution was considered and read twice, ordered to
be read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.J. Res. 129, a similar House joint resolution,
was laid on the table.
para.30.13 defense of taiwan
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 148); as amended:
Whereas the United States began its long, peaceful, and
friendly relationship with the Republic of China on Taiwan in
1949;
Whereas since the enactment in 1979 of the Taiwan Relations
Act, the policy of the United States has been based on the
expectation that the future relationship between the People's
Republic of China and Taiwan will be determined by peaceful
means and by mutual agreement between the parties;
Whereas the People's Republic of China's intense efforts to
intimidate Taiwan have reached a level that threatens to
undermine stability throughout the region;
Whereas, since the beginning of 1996, the leaders of the
People's Republic of China have frequently threatened to use
military force against Taiwan;
Whereas for the past year the People's Republic of China
has conducted military maneuvers designed to intimidate
Taiwan both during its democratic legislative elections in
1995 and during the period preceding democratic presidential
elections in March 1996;
Whereas these military maneuvers and tests have included
the firing of 6 nuclear-capable missiles approximately 100
miles north of Taiwan in July 1995;
Whereas the firing of missiles near Taiwan and the
interruption of international shipping and aviation lanes
threaten both Taiwan and the political, military, and commer
[[Page 500]]
cial interests of the United States and its allies;
Whereas in the face of such action, Taiwan is entitled to
defend itself from military aggression, including through the
development of an anti-ballistic missile defense system;
Whereas the United States and Taiwan have enjoyed a
longstanding and uninterrupted friendship, which has only
increased in light of the remarkable economic development and
political liberalization in Taiwan in recent years;
Whereas Taiwan has achieved tremendous economic success in
becoming the 19th largest economy in the world;
Whereas Taiwan has reached a historic turning point in the
development of Chinese democracy, as on March 23, 1996, it
will conduct the first competitive, free, fair, direct, and
popular election of a head of state in over 4,000 years of
recorded Chinese history;
Whereas for the past century the United States has promoted
democracy and economic freedom around the world, and the
evolution of Taiwan is an outstanding example of the success
of that policy;
Whereas the Taiwan Relations Act directs the President to
inform the Congress promptly of any threat to Taiwan's
security and provides that the President and the Congress
shall determine, in accordance with constitutional processes,
appropriate United States action in response; and
Whereas the Taiwan Relations Act of 1979 rests on the
premise that the United States will assist Taiwan should it
face any effort to determine its future by other than
peaceful means, including by boycotts or embargoes: Now,
therefore, be it;
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) the People's Republic of China should immediately live
up to its commitment to the United States to work for a
peaceful resolution of any disagreements with Taiwan, and
accordingly desist from military actions designed to
intimidate Taiwan;
(2) the People's Republic of China should engage in
negotiations to discuss any outstanding points of
disagreement with Taiwan without any threat of military or
economic coercion against Taiwan;
(3) Taiwan has stated and should adhere to its commitment
to negotiate its future relations with the People's Republic
of China by mutual decision, not unilateral action;
(4) the United States should maintain its capacity to
resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan, consistent with its
undertakings in the Taiwan Relations Act;
(5) the United States should maintain a naval presence
sufficient to keep open the sea lanes in and near the Taiwan
Strait;
(6) in the face of the several overt military threats by
the People's Republic of China against Taiwan, and consistent
with the commitment of the United States under the Taiwan
Relations Act, the United States should supply Taiwan with
defensive weapons systems, including naval vessels, aircraft,
and air defense, all of which are crucial to the security of
Taiwan; and
(7) the United States, in accordance with the Taiwan
Relations Act and the constitutional process of the United
States, and consistent with its friendship with and
commitment to the democratic government and people of Taiwan,
should assist in defending them against invasion, missile
attack, or blockade by the People's Republic of China.
The SPEAKER pro tempore, Mr. HUTCHINSON, recognized Mr. GILMAN and
Mr. HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to clause 5, rule
I, announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.30.14 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 1266. An Act to provide for the exchange of lands
within Admiralty Island National Monument, and for other
purposes; and
H.R. 1787. An Act to amend the Federal Food, Drug, and
Cosmetic Act to repeal the saccharin notice requirement.
para.30.15 house administrative reform
Mr. ELHERS moved to suspend the rules and pass the bill (H.R. 2739) to
provide for a representational allowance for Members of the House of
Representatives, to make technical and conforming changes to sundry
provisions of law in consequence of administrative reforms in the House
of Representatives, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. HUTCHINSON, recognized Mr. ELHERS and Mr.
FAZIO, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.30.16 providing for the consideration of h.r. 2202
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 384):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2202) to amend the Immigration and Nationality
Act to improve deterrence of illegal immigration to the
United States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived except
those arising under section 425(a) of the Congressional
Budget Act of 1974. General debate shall be confined to the
bill and shall not exceed two hours to be equally divided and
controlled by the chairman and ranking minority member of the
Committee on the Judiciary. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
the Judiciary now printed in the bill, modified by the
amendment printed in part 1 of the report of the Committee on
Rules accompanying this resolution. That amendment in the
nature of a substitute shall be considered as read. No other
amendment shall be in order except the amendments printed in
part 2 of the report of the Committee on Rules and amendments
en bloc described in section 2 of this resolution. Each
amendment printed in part 2 of the report may be considered
only in the order printed, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against amendments made in order by this
resolution are waived except those arising under section
425(a) of the Congressional Budget Act of 1974. The chairman
of the Committee of the Whole may postpone until a time
during further consideration in the Committee of the Whole a
request for a recorded vote on any amendment. The chairman of
the Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall be not less than fifteen minutes.
At the conclusion of consideration of the bill for amendment
the Committee shall rise and report the bill to the House
with such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
Sec. 2. It shall be in order at any time for the chairman
of the Committee on the Judiciary or a designee to offer
amendments en bloc consisting of amendments printed in the
report of the Committee on Rules accompanying this resolution
that were not earlier disposed of or germane modifications of
any such amendments. Amendments en block offered pursuant to
this section shall be considered as read (except that
modifications
[[Page 501]]
shall be reported), shall be debatable for twenty minutes
equally divided and controlled by the chairman and ranking
minority member of the Committee on the Judiciary or their
designees, shall not be subject to amendment, and shall not
be subject to a demand for division of the question in the
House or in the Committee of the Whole. For the purpose of
inclusion in such amendments en bloc, an amendment printed in
the form of a motion to strike may be modified to the form of
a germane perfecting amendment to the text originally
proposed to be stricken. The original proponent of an
amendment included in such amendments en bloc may insert a
statement in the Congressional Record immediately before the
disposition of the amendments en bloc.
When said resolution was considered.
After debate,
Mr. DREIER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
233
When there appeared
<3-line {>
Nays
152
para.30.17 [Roll No. 68]
YEAS--233
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Houghton
Hunter
Hutchinson
Hyde
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lincoln
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Portman
Quillen
Quinn
Ramstad
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--152
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clayton
Clement
Coleman
Collins (MI)
Conyers
Coyne
Danner
de la Garza
DeFazio
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Evans
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutknecht
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lowey
Luther
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Moran
Murtha
Neal
Oberstar
Obey
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Reed
Rivers
Roemer
Rose
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thurman
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--46
Bishop
Bryant (TN)
Chrysler
Clay
Clyburn
Collins (IL)
Costello
Dellums
Durbin
Eshoo
Farr
Fawell
Filner
Flanagan
Gutierrez
Hayes
Hoke
Hostettler
Hoyer
Inglis
Johnston
Kennedy (MA)
Latham
Lightfoot
Lipinski
Maloney
Martini
Meehan
Moakley
Nadler
Olver
Peterson (FL)
Porter
Pryce
Radanovich
Rangel
Rush
Stokes
Talent
Thompson
Thornton
Torres
Torricelli
Walker
Waters
Waxman
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.30.18 order of business--consideration of h.r. 2202
On motion of Mr. DREIER, by unanimous consent,
Ordered, That during the consideration of the bill (H.R. 2202) to
amend the Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border patrol and
investigative personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for eligiblity for
employment, and through other measures, to reform the legal immigraton
system and facilitate legal entries into the United States, and for
other purposes, pursuant to House Resolution 384, the designated
proponents of the amendments numbered 11, 12, and 13, printed in part 2
of House Report 104-483, may offer said amendments in modified forms to
accommodate the changes in the amendment in the nature of a substitute
recommended by the Committee on the Judiciary that are reflected in part
1 of said report and effected by the adoption of House Resolution 384;
and
Ordered further, That the designated proponent of the amendment
numbered 19, printed in part 2 of the House Report 104-483, may offer
said amendment in a modified form that strikes from the title V all
provisions except section 522 and subtitle D.
para.30.19 h.r. 2937--unfinished business
The SPEAKER pro tempore, Mr. RIGGS, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 2937) for the reimbursement of legal expenses
and related fees incurred by former employees of the White House Travel
Office with respect to the termination of their employment in that
Office on May 19, 1993; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
350
<3-line {>
affirmative
Nays
43
para.30.20 [Roll No. 69]
YEAS--350
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
[[Page 502]]
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Quillen
Quinn
Rahall
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Waldholtz
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--43
Baesler
Barr
Brownback
Campbell
Christensen
Coburn
Conyers
Cooley
Ensign
Gordon
Green
Gutknecht
Hall (TX)
Hastings (FL)
Jacobs
Kanjorski
Klug
Lincoln
Lofgren
McKinney
McNulty
Meek
Metcalf
Mollohan
Neumann
Orton
Owens
Ramstad
Royce
Sanford
Scarborough
Schroeder
Sensenbrenner
Shadegg
Stenholm
Tiahrt
Volkmer
Wamp
Waxman
White
Whitfield
Williams
Yates
NOT VOTING--38
Ackerman
Bishop
Bryant (TN)
Chrysler
Clay
Clyburn
Collins (IL)
Dellums
Durbin
Fawell
Filner
Flanagan
Gutierrez
Hayes
Hoke
Hostettler
Inglis
Johnston
Kennedy (MA)
Latham
Lipinski
Maloney
Meehan
Moakley
Murtha
Nadler
Peterson (FL)
Porter
Pryce
Radanovich
Rangel
Rush
Stokes
Thompson
Thornton
Torricelli
Walker
Waters
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act
for the reimbursement of attorney fees and costs incurred by former
employees of the White House Travel Office with respect to the
termination of their employment in that Office on May 19, 1993.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.30.21 h. con res. 148--unfinished business
The SPEAKER pro tempore, Mr. RIGGS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 148)
expressing the sense of the Congress that the United States is committed
to the military stability of the Taiwan Straits and United States
military forces should defend Taiwan in the event of invasion, missile
attack, or blockade by the People's Republic of China; as amended.
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. RIGGS, announced that two-thirds of those
present had voted in the affirmative.
Mr. SOLOMON demanded a recorded vote on agreeing to said concurrent
resolution, as amended, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
369
It was decided in the
Nays
14
<3-line {>
affirmative
Answered present
7
para.30.22 [Roll No. 70]
AYES--369
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fazio
Fields (LA)
Fields (TX)
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Molinari
Mollohan
Montgomery
[[Page 503]]
Moorhead
Moran
Morella
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pombo
Pomeroy
Portman
Poshard
Quillen
Quinn
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Zeliff
Zimmer
NOES--14
Combest
Conyers
Danner
Houghton
Kanjorski
Matsui
McDermott
Minge
Pickett
Sawyer
Serrano
Watt (NC)
Yates
Young (FL)
ANSWERED ``PRESENT''--7
Becerra
de la Garza
Kaptur
LaFalce
Mink
Skaggs
Woolsey
NOT VOTING--41
Ackerman
Bishop
Bryant (TN)
Chrysler
Clay
Clyburn
Collins (IL)
Dellums
Doolittle
Durbin
Fattah
Fawell
Filner
Flanagan
Gilchrest
Gutierrez
Hayes
Hoke
Hostettler
Inglis
Johnston
Kennedy (MA)
Lipinski
Maloney
Meehan
Moakley
Murtha
Nadler
Peterson (FL)
Porter
Pryce
Radanovich
Rangel
Rush
Stokes
Taylor (NC)
Thompson
Thornton
Torricelli
Walker
Waters
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read: An Act
expressing the sense of the Congress that the United States is committed
to military stability in the Taiwan Strait and the United States should
assist in defending the Republic of China (also known as Taiwan) in the
event of invasion, missile attack, or blockade by the People's Republic
of China.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.30.23 immigration reform
The SPEAKER pro tempore, Mr. RIGGS, pursuant to House Resolution 383
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2202) to amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by increasing
border patrol and investigative personnel, by increasing penalties for
alien smuggling and for document fraud, by reforming exclusion and
deportation law and procedures, by improving the verification system for
eligiblity for employment, and through other measures, to reform the
legal immigraton system and facilitate legal entries into the United
States, and for other purposes.
The SPEAKER pro tempore, Mr. RIGGS, by unanimous consent, designated
Mr. BONILLA, as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. TAYLOR, assumed the Chair.
When Mr. BONILLA, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.30.24 enrolled joint resolution signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which were thereupon signed by the Speaker:
H.J. Res. 78. Joint resolution to grant the consent of the
Congress to certain additional powers conferred upon the Bi-
State Development Agency by the States of Missouri and
Illinois.
para.30.25 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1494. an Act to provide an extension for fiscal year
1996 for certain programs administered by the Secretary of
Housing and Urban Development and the Secretary of
Agriculture, and for other purposes.
para.30.26 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today and balance of the week;
To Mr. STOKES, for today through March 22;
To Mr. JOHNSTON, for today and balance of the week; and
To Mr. WALKER, for today; and
To Mr. RADANOVICH, for today and balance of the week.
And then,
para.30.27 adjournment
On motion of Mr. FOX, at 11 o'clock and 4 minutes p.m., the House
adjourned.
para.30.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLINGER: Committee on Government Reform and Oversight.
National Drug Policy: A Review of the Status of the Drug War
(Rept. No. 104-486). Referred to the Committee of the Whole
House on the State of the Union.
para.30.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GILMAN (for himself, Mr. Berman, Mr. Gejdenson,
Mr. Burton of Indiana, Mr. King, Mr. Shaw, and Mr.
Forbes):
H.R. 3107. A bill to impose sanctions on persons exporting
certain goods or technology that would enhance Iran's ability
to explore for, extract, refine, or transport by pipeline
petroleum resources, and for other purposes; to the Committee
on International Relations, and in addition to the Committee
on Banking and Financial Services, Ways and Means, and
Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BENTSEN (for himself and Ms. Lofgren):
H.R. 3108. A bill to permit the construction of flood
control projects by non-Federal interests; to the Committee
on Transportation and Infrastructure.
By Mr. GEJDENSON:
H.R. 3109. A bill to amend the Export Administration Act of
1979 with respect to exports to terrorist countries; to the
Committee on International Relations.
By Mr. GREENWOOD:
H.R. 3110. A bill to amend title II of the Social Security
Act to provide for disclosure by the Social Security
Administration of Social Security account numbers and other
records pursuant to judgments, decrees, or orders issued by
courts of competent jurisdiction; to the Committee on Ways
and Means.
By Mrs. KENNELLY:
H.R. 3111. A bill to amend the Internal Revenue Code of
1986 to clarify the treatment of frequent flyer mileage
awards; to the Committee on Ways and Means.
By Mr. PALLONE (for himself and Mr. Franks of New
Jersey):
H.R. 3112. A bill to amend the Water Resources Development
Act of 1992 relating to sediments decontamination technology;
to the Committee on Transportation and Infrastructure.
By Mr. PALLONE (for himself and Mr. Franks of New
Jersey):
H.R. 3113. A bill to amend the Water Resources Development
Act of 1986 relating to cost sharing for creation of dredged
material disposal areas, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mrs. ROUKEMA (for herself, Mr. Petri, Mr. McKeon,
Mr. Knollenberg, Mr. Christensen, Mr. Pomeroy, Mrs.
Kennelly, Mr. Andrews, Mr. Kildee, Mr. Miller of
California, and Mr. Payne of New Jersey):
H.R. 3114. A bill to require the Secretary of Labor to
issue guidance as to the application of the Employee
Retirement Income Security Act of 1974 to insurance company
general accounts; to the Committee on Eco
[[Page 504]]
nomic and Educational Opportunities, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mrs. SCHROEDER (for herself, Mr. Kennedy of
Massachusetts, Mr. Dellums, Mr. Serrano, Mr.
Ackerman, and Mr. Markey):
H.R. 3115. A bill to amend the Federal Food, Drug, and
Cosmetic Act to require ingredient labeling for malt
beverages, wine, and distilled spirits, and for other
purposes; to the Committee on Commerce.
By Mr. TRAFICANT:
H.R. 3116. A bill to provide for the phase-out of existing
private sector development enterprise funds for foreign
countries and to prohibit the establishment of, or the
support for, new private sector development enterprise funds,
and for other purposes; to the Committee on International
Relations, and in addition to the Committee on Banking and
Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. RIGGS (for himself, Mr. Brewster, Mr. Metcalf,
Mrs. Chenoweth, Mr. Coburn, Mr. Hancock, Mr. Young of
Alaska, Mr. Pete Geren of Texas, Mr. Duncan, and Mr.
Cooley):
H.J. Res. 164. Joint resolution proposing an amendment to
the Constitution of the United States to provide 8-year terms
of offices for judges of Federal courts other than the
Supreme Court; to the Committee on the Judiciary.
para.30.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 52: Mr. Fazio of California.
H.R. 218: Mr. Hostettler, Mr. Ehrlich, and Mr. Clement.
H.R. 462: Mr. Williams.
H.R. 528: Mr. Hayworth.
H.R. 784: Mr. Roberts and Mr. Young of Alaska.
H.R. 822: Mr. Camp and Mr. Neumann.
H.R. 910: Mr. Jefferson and Mrs. Clayton.
H.R. 957: Mr. Weldon of Florida.
H.R. 972: Mr. Cramer and Mr. Christensen.
H.R. 973: Mr. Bonior.
H.R. 1023: Mr. Gonzalez, Ms. Woolsey, and Mr. Fazio of
California.
H.R. 1078: Mr. Vento.
H.R. 1148: Mr. Sanders.
H.R. 1179: Mr. Lewis of Georgia, Mr. Clay, Mr. Wamp, Mr.
Rush, Mr. Clyburn, Mrs. Clayton, Mr. Scott, Mr. Thompson, Mr.
Wynn, Mr. Fattah, Mr. Dellums, and Ms. Waters.
H.R. 1464: Mr. Goodlatte.
H.R. 1499: Mr. McIntosh.
H.R. 1619: Mr. Rahall, Mr. Talent, and Mr. Shaw.
H.R. 1627: Mr. Ney.
H.R. 1684: Mr. Levin, Ms. Norton, Mr. Shays, Mr. Jones, Mr.
Upton, Mrs. Smith of Washington, Mr. Baker of California, Mr.
Becerra, Mr. Bishop, Mr. Bonior, Mr. Borski, Mr. Camp, Mr.
Costello, Ms. DeLauro, Mr. Dooley of California, Mr. Fattah,
Mr. Fazio of California, Mr. Gutierrez, Mr. Hancock, Mr.
Hefner, Mr. Herger, Mr. Hobson, Mr. Hoyer, Mr. Hunter, Mr.
Johnston of Florida, Ms. Kaptur, Mr. Klink, Mr. Laughlin, Mr.
Lewis of California, Mr. Lewis of Georgia, Ms. Lofgren, Mr.
Minge, Mr. Mollohan, Mr. Nadler, Mr. Ortiz, Ms. Pelosi, Mr.
Chapman, Mr. Pombo, Mr. Pomeroy, Mr. Poshard, Ms. Pryce, Mr.
Rangel, Mr. Roberts, Mr. Rose, Mr. Rush, Ms. Slaughter, Mr.
Stockman, Mr. Taylor of Mississippi, Mr. Volkmer, Ms. Waters,
Mr. Watt of North Carolina, Mr. Wise, and Mr. Taylor of North
Carolina.
H.R. 1776: Mr. Clinger, Mr. Browder, Mr. Stupak, Mr.
Jacobs, and Mr. Yates.
H.R. 1856: Mr. Saxton, Mr. Owens, and Mr. Metcalf.
H.R. 1920: Mr. Tate.
H.R. 2065: Mr. Moran.
H.R. 2101: Mr. Rangel.
H.R. 2241: Ms. Woolsey.
H.R. 2242: Mr. Gilchrest and Ms. Woolsey.
H.R. 2247: Mr. Coleman, Mr. Cramer, Mr. DeFazio, Mr. Fox,
Mr. Gilman, Mr. Hall of Ohio, Mr. Hilliard, Ms. Norton, Mr.
Payne of New Jersey, Mr. Sabo, Mrs. Thurman, Mr. Vento, Mr.
Walsh, and Mr. Waxman.
H.R. 2333: Mr. Crapo and Mr. Clyburn.
H.R. 2416: Mr. Weldon of Florida.
H.R. 2471: Mr. Lipinski.
H.R. 2500: Mr. Brewster.
H.R. 2548: Mrs. Seastrand, Ms. Molinari, and Mr. Emerson.
H.R. 2579: Mr. Torres, Mr. Matsui, Mr. Shays, Mr. Kildee,
and Mrs. Maloney.
H.R. 2607: Mrs. Kelly and Ms. Brown of Florida.
H.R. 2618: Ms. Lofgren and Mr. Campbell.
H.R. 2636: Mr. Matsui.
H.R. 2723: Mr. Wicker.
H.R. 2724: Mr. Hinchey, Mr. Faleomaveaga, Mr. Hilliard, and
Ms. Velazquez.
H.R. 2725: Mr. Hinchey, Mr. Faleomavaega, Mr. Hilliard, and
Ms. Velazquez.
H.R. 2779: Mr. Baker of California, Mr. Condit, Mr. Weldon
of Pennsylvania, Mr. Norwood, and Mr. Smith of New Jersey.
H.R. 2796: Mr. Filner.
H.R. 2822: Mr. Manzullo.
H.R. 2827: Mr. Vento and Mr. Sanders.
H.R. 2875: Mr. Deutsch, Mr. Hilliard, Mr. Frazer, and Mr.
Smith of New Jersey.
H.R. 2925: Mr. Manzullo, Mr. Young of Alaska, Mr.
Torkildsen, Mr. Greenwood, and Mr. Nethercutt.
H.R. 2951: Mr. Barrett of Wisconsin, Mr. Beilenson, Mr.
Ehlers, Mr. Levin, Mr. Spratt, Mr. Sensenbrenner, Mr. Ganske,
Mr. Stark, and Mr. Campbell.
H.R. 2959: Mr. Greenwood, Mr. Lazio of New York, Mr.
Gephardt, Mr. Flanagan, and Mr. Klink.
H.R. 2974: Mr. Calvert.
H.R. 2994: Mr. Lewis of Georgia, Mr. LaTourette, and Mr.
Mascara.
H.R. 3010: Mr. Sawyer, Mr. Underwood, and Mr. Lipinski.
H.R. 3023: Ms. Kaptur.
H.R. 3043: Mr. McHugh, Ms. McKinney, and Mr. Gunderson.
H.R. 3067: Mr. Dooley and Mr. Stupak.
H.R. 3086: Mr. Underwood, Mrs. Meyers of Kansas, and Mr.
Gordon.
H.J. Res. 162: Ms. Kaptur, Mr. Watts of Oklahoma, Mr.
Taylor of North Carolina, and Mr. Calvert.
H. Con. Res. 51: Ms. Furse.
H. Con. Res. 148: Mr. Linder, Mr. McCollum, Mr. Dickey, Mr.
Rose, Mr. Frazer, Mr. Baker of Louisiana, Mr. McDade, Mr.
Berman, Ms. Pryce, Mr. Brownback, and Mr. Pombo.
H. Res. 39: Mr. Vento, Ms. Roybal-Allard, and Ms. Pelosi.
H. Res. 49: Mrs. Morella, Mrs. Clayton, Mr. Conyers, and
Mr. Kennedy of Massachusetts.
H. Res. 381: Mrs. Morella, Mr. Baker of Louisiana, and Mr.
Pallone.
H. Res. 385: Mr. Pallone and Mr. Frisa.
para.30.31 deletions of sponsors from public bills and resolutions
Under clause 4 of rules XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2745: Mr. Richardson.
.
WEDNESDAY, MARCH 20, 1996 (31)
para.31.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. ROGERS,
who laid before the House the following communication:
Washington, DC,
March 20, 1996.
I hereby designate the Honorable Harold Rogers to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.31.2 approval of the journal
The SPEAKER pro tempore, Mr. ROGERS, announced he had examined and
approved the Journal of the proceedings of Tuesday, March 19, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.31.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2267. A letter from the Assistant Administrator,
Environmental Protection Agency, transmitting the annual
report on conditional registration of pesticides during
fiscal year 1995, pursuant to 7 U.S.C. 136w-4; to the
Committee on Agriculture.
2268. A letter from the Director, Administration and
Management, Department of Defense, transmitting the calendar
year 1995 report on ``Extraordinary Contractual Actions to
Facilitate the National Defense,'' pursuant to 50 U.S.C.
1434; to the Committee on National Security.
2269. A letter from the Chairman of the Board, National
Credit Union Administration, transmitting notification that
the Administration is establishing and adjusting schedules of
compensation; to the Committee on Banking and Financial
Services.
2270. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the final
inventory of real property assets under the jurisdiction of
the RTC immediately prior to its termination; to the
Committee on Banking and Financial Services.
2271. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
927, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
2272. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the fiscal year
1995 report on implementation of the support for East
European Democracy Act [SEED] Program pursuant to 22 U.S.C.
5474; to the Committee on International Relations.
2273. A communication from the President of the United
States, transmitting the annual report on Science, Technology
and American Diplomacy for fiscal year 1995, pursuant to 22
U.S.C. 2656c(b); to the Committee on International Relations.
2274. A letter from the Secretary of Commerce, transmitting
the Bureau of Export Administration's annual report for
fiscal year 1995, pursuant to 50 U.S.C. app. 2413; to the
Committee on International Relations.
2275. A letter from the Director, Congressional Budget
Office, transmitting CBO's sequestration preview report for
fiscal year
[[Page 505]]
1997, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-587); jointly, to the Committee on Appropriations
and the Budget.
2276. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Secretary's
certification and justifications that the Republic of
Belarus, the Republic of Kazakstan, the Russian Federation,
and Ukraine are committed to the courses of action described
in section 1203(d) of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-160), section 1412(d) of
the Former Soviet Union Demilitarization Act of 1992 (title
XIV of Public Law 102-484), and section 502 of the Freedom
Support Act (Public Law 102-511); jointly, to the Committees
on National Security and International Relations.
2277. A letter from the Secretary of Health and Human
Services, transmitting a report on the fiscal year 1994 Low
Income Home Energy Assistance Program, pursuant to 42 U.S.C.
8629(b); jointly, to the Committees on Commerce and Economic
and Educational Opportunities.
2278. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled
``Federal Aviation Authorization Act of 1996,'' pursuant to
31 U.S.C. 1110; jointly, to the Committees on Transportation
and Infrastructure, Science, and Ways and Means.
para.31.4 committees and subcommittees to sit
On motion of Mr. BUNNING, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Commerce, the Committee on International
Relations, the Committee on National Security, the Committee on
Resources, the Committee on Transportation and Infrastructure, and the
Permanent Select Committee on Intelligence.
para.31.5 immigration reform
The SPEAKER pro tempore, Mr. ROGERS, pursuant to House Resolution 383
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2202) to amend the Immigration and Nationality Act to
improve deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by increasing
penalties for alien smuggling and for document fraud, by reforming
exclusion and deportation law and procedures, by improving the
verification system for eligiblity for employment, and through other
measures, to reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes.
Mr. BONILLA, Chairman of the Committee of the Whole, resumed the
chair.
para.31.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BEILENSON:
Amend subsection (b) of section 102 to read as follows:
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section not to exceed
$110,000,000. Amounts appropriated under this subsection are
authorized to remain available until expended.
It was decided in the
Yeas
120
<3-line {>
negative
Nays
291
para.31.7 [Roll No. 71]
AYES--120
Abercrombie
Ackerman
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
de la Garza
DeLauro
Dellums
Diaz-Balart
Dicks
Dixon
Dooley
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kennedy (RI)
Kildee
Kolbe
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Manton
Markey
Martinez
Matsui
McCarthy
McKinney
McNulty
Miller (CA)
Mink
Mollohan
Moran
Nadler
Neal
Oberstar
Ortiz
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Roybal-Allard
Sabo
Sawyer
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stupak
Tejeda
Thompson
Thornton
Torres
Towns
Velazquez
Vento
Visclosky
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOES--291
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLay
Deutsch
Dickey
Dingell
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kelly
Kennelly
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Maloney
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Waldholtz
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--20
Collins (IL)
Durbin
Hayes
Hostettler
Johnston
Kasich
Kennedy (MA)
Meehan
Minge
Moakley
Olver
Porter
Pryce
Radanovich
Rush
Smith (NJ)
Stokes
Studds
Walker
Waters
So the amendment was not agreed to.
para.31.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCOLLUM:
Part 2 amendment number 4 offered by Mr. McCollum: After
section 216, insert the following new section (and conform
the table of contents accordingly):
SEC. 217. PROTECTING THE INTEGRITY OF THE SOCIAL SECURITY
ACCOUNT NUMBER CARD.
(a) Improvements to Card.--
(1) In general.--For purposes of carrying out section 274A
of the Immigration and Nationality Act, the Commissioner of
Social Security (in this section referred to as the
``Commissioner'') shall make such improvements to the
physical design, technical specifications, and materials of
the social security account number card as are necessary to
ensure that it is a genuine official document and that it
offers the best possible security against counterfeiting,
forgery, alteration, and misuse.
(2) Performance standards.--In making the improvements
required in paragraph (1), the Commissioner shall--
(A) make the card as secure against counterfeiting as the
100 dollar Federal Reserve note, with a rate of counterfeit
detection
[[Page 506]]
comparable to the 100 dollar Federal Reserve note, and
(B) make the card as secure against fraudulent use as a
United States passport.
(3) Reference.--In this section, the term ``secured social
security account number card'' means a social security
account number card issued in accordance with the
requirements of this subsection.
(4) Effective date.--All social security account number
cards issued after January 1, 1999, whether new or
replacement, shall be secured social security account number
cards.
(b) Use for Employment Verification.--Beginning on January
1, 2006, a document described in section 274A(b)(1)(C) of the
Immigration and Nationality Act is a secured social security
account number card (other than such a card which specifies
on the face that the issuance of the card does not authorize
employment in the United States).
(c) Not a National Identification Card.--Cards issued
pursuant to this section shall not be required to be carried
upon one's person, and nothing in this section shall be
construed as authorizing the establishment of a national
identification card.
(d) No New Databases.--Nothing in this section shall be
construed as authorizing the establishment of any new
databases.
(e) Education Campaign.--The Commissioner of Immigration
and Naturalization, in consultation with the Commissioner of
Social Security, shall conduct a comprehensive campaign to
educate employers about the security features of the secured
social security card and how to detect counterfeit or
fraudulently used social security account number cards.
(f) Annual Reports.--The Commissioner of Social Security
shall submit to Congress by July 1 of each year a report on--
(1) the progress and status of developing a secured social
security account number card under this section,
(2) the incidence of counterfeit production and fraudulent
use of social security account number cards, and
(3) the steps being taken to detect and prevent such
counterfeiting and fraud.
(g) GAO Annual Audits.--The Comptroller General shall
perform an annual audit, the results of which are to be
presented to the Congress by January 1 of each year, on the
performance of the Social Security Administration in meeting
the requirements in subsection (a).
(h) Expenses.--No costs incurred in developing and issuing
cards under this section that are above the costs that would
have been incurred for cards issued in the absence of this
section shall be paid for out of any Trust Fund established
under the Social Security Act. There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
It was decided in the
Yeas
191
<3-line {>
negative
Nays
221
para.31.9 [Roll No. 72]
AYES--191
Ackerman
Andrews
Baker (CA)
Baker (LA)
Baldacci
Barr
Barton
Bass
Bateman
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bono
Boucher
Browder
Brown (CA)
Bryant (TN)
Bryant (TX)
Burr
Calvert
Campbell
Canady
Castle
Clayton
Clement
Clinger
Clyburn
Coble
Condit
Cramer
Cunningham
Danner
Deal
DeFazio
DeLauro
Deutsch
Dicks
Dixon
Doggett
Doyle
Dreier
Duncan
Edwards
Ehlers
Ehrlich
Eshoo
Ewing
Farr
Fawell
Fields (LA)
Foley
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goss
Graham
Greenwood
Gutknecht
Hall (TX)
Harman
Hastings (WA)
Hefner
Hobson
Hoekstra
Holden
Horn
Hunter
Hyde
Istook
Jackson-Lee (TX)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kelly
Kildee
Kim
Klink
Kolbe
Lantos
Largent
Latham
LaTourette
Leach
Levin
Lightfoot
Lincoln
LoBiondo
Lowey
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McHale
McHugh
McKeon
McKinney
McNulty
Meyers
Mica
Miller (CA)
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myrick
Nadler
Neal
Norwood
Obey
Orton
Packard
Pallone
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Quillen
Rahall
Rangel
Reed
Riggs
Rogers
Rohrabacher
Roth
Roukema
Royce
Sabo
Salmon
Saxton
Schiff
Schroeder
Schumer
Seastrand
Shays
Sisisky
Skelton
Smith (NJ)
Smith (TX)
Stenholm
Tanner
Tauzin
Taylor (MS)
Thurman
Torkildsen
Torricelli
Traficant
Upton
Vento
Volkmer
Waldholtz
Walsh
Ward
Waxman
Weldon (PA)
Weller
Wicker
Wilson
Wolf
Young (AK)
Zeliff
Zimmer
NOES--221
Abercrombie
Allard
Archer
Armey
Bachus
Baesler
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Bentsen
Bevill
Bonilla
Bonior
Borski
Brewster
Brown (FL)
Brown (OH)
Brownback
Bunn
Bunning
Burton
Buyer
Callahan
Camp
Cardin
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Conyers
Cooley
Costello
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Davis
de la Garza
DeLay
Dellums
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Dunn
Emerson
Engel
English
Ensign
Evans
Everett
Fattah
Fazio
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Frisa
Funderburk
Furse
Gonzalez
Goodling
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hoke
Houghton
Hoyer
Hutchinson
Inglis
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson, Sam
Jones
Kennedy (RI)
Kennelly
King
Kingston
Kleczka
Klug
Knollenberg
LaFalce
LaHood
Laughlin
Lazio
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
Lofgren
Longley
Lucas
Luther
Manzullo
McCarthy
McCrery
McDade
McDermott
McInnis
McIntosh
Meek
Menendez
Metcalf
Miller (FL)
Morella
Myers
Nethercutt
Neumann
Ney
Nussle
Oberstar
Ortiz
Owens
Oxley
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Petri
Pickett
Pombo
Portman
Poshard
Quinn
Ramstad
Regula
Richardson
Rivers
Roberts
Roemer
Ros-Lehtinen
Roybal-Allard
Sanders
Sanford
Sawyer
Scarborough
Schaefer
Scott
Sensenbrenner
Serrano
Shadegg
Shaw
Shuster
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stockman
Stump
Stupak
Talent
Tate
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Torres
Towns
Velazquez
Visclosky
Vucanovich
Walker
Wamp
Watt (NC)
Watts (OK)
Weldon (FL)
White
Whitfield
Williams
Wise
Woolsey
Wynn
Yates
Young (FL)
NOT VOTING--19
Collins (IL)
Durbin
Hayes
Hostettler
Johnston
Kasich
Kennedy (MA)
Meehan
Minge
Moakley
Olver
Porter
Pryce
Radanovich
Rose
Rush
Stokes
Studds
Waters
So the amendment was not agreed to.
After some further time,
para.31.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BRYANT of
Tennessee:
At the end of section 604(b), add the following: ``Such
procedures shall include, in the case of such an individual
who is 18 years of age or older and not lawfully present in
the United States, the hospital or facility promptly
providing the Service with the individual's name, address,
and name of employer and other identifying information that
the hospital or facility may have that may assist the Service
in its efforts to locate the individual.''.
It was decided in the
Yeas
170
<3-line {>
negative
Nays
250
para.31.11 [Roll No. 73]
AYES--170
Andrews
Archer
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bono
Brown (OH)
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Christensen
Clement
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Dornan
Dreier
Duncan
Ehrlich
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Franks (CT)
Franks (NJ)
Funderburk
Gallegly
Gillmor
Goodlatte
Goodling
Gordon
Graham
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Hilleary
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Istook
Jones
Kasich
Kim
Kingston
Knollenberg
Kolbe
LaHood
Largent
LaTourette
Laughlin
Lewis (KY)
Lincoln
Linder
Livingston
LoBiondo
Manzullo
Martini
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Moorhead
Myers
Myrick
[[Page 507]]
Nethercutt
Neumann
Ney
Norwood
Packard
Parker
Paxon
Petri
Pombo
Portman
Pryce
Quillen
Ramstad
Regula
Riggs
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thornberry
Tiahrt
Torricelli
Traficant
Upton
Vucanovich
Waldholtz
Wamp
Watts (OK)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Young (AK)
Young (FL)
Zimmer
NOES--250
Abercrombie
Ackerman
Allard
Armey
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TX)
Bunn
Campbell
Cardin
Chapman
Chenoweth
Chrysler
Clay
Clayton
Clinger
Clyburn
Coburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Crapo
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dunn
Durbin
Edwards
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Fox
Frank (MA)
Frelinghuysen
Frisa
Frost
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goss
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Herger
Hilliard
Hinchey
Hobson
Holden
Hoyer
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
Lantos
Latham
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Neal
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (WA)
Spratt
Stenholm
Studds
Stupak
Talent
Tanner
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Ward
Watt (NC)
Waxman
Weldon (FL)
White
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Zeliff
NOT VOTING--11
Collins (IL)
Hostettler
Johnston
Moakley
Nadler
Porter
Radanovich
Rush
Stark
Stokes
Waters
So the amendment was not agreed to.
para.31.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. VELAZQUEZ:
Strike section 607 and redesignate the succeeding sections
accordingly.
It was decided in the
Yeas
151
<3-line {>
negative
Nays
269
para.31.13 [Roll No. 74]
AYES--151
Abercrombie
Ackerman
Andrews
Baldacci
Ballenger
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Canady
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Davis
de la Garza
DeFazio
DeLauro
Dellums
Diaz-Balart
Dingell
Dixon
Dooley
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Green
Gutierrez
Hastings (FL)
Hefner
Hilliard
Hinchey
Horn
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mink
Mollohan
Morella
Neal
Oberstar
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pombo
Pomeroy
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Sabo
Sanders
Schiff
Schroeder
Scott
Serrano
Skaggs
Slaughter
Souder
Studds
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Velazquez
Ward
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Young (FL)
NOES--269
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Deutsch
Dickey
Dicks
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Portman
Poshard
Pryce
Quillen
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--11
Collins (IL)
Hostettler
Johnston
Moakley
Nadler
Porter
Radanovich
Rush
Stark
Stokes
Waters
So the amendment was not agreed to.
para.31.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GALLEGLY:
At the end of subtitle A of title VI insert the following
new part:
[[Page 508]]
PART 3--PUBLIC EDUCATION BENEFITS
SEC. 615. AUTHORIZING STATES TO DENY PUBLIC EDUCATION
BENEFITS TO ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) In General.--The Immigration and Nationality Act is
amended by adding at the end the following new title:
``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES FROM CERTAIN PROGRAM
``congressional policy regarding ineligibility of aliens not lawfully
present in the united states for public education benefits
``Sec. 601. (a) Because Congress views that the right to a
free public education for aliens who are not lawfully present
in the United States promotes violations of the immigration
laws and because such a free public education for such aliens
creates a significant burden on States' economies and
depletes States' limited educational resources, Congress
declares it to be the policy of the United States that--
``(1) aliens who are not lawfully present in the United
States not be entitled to public education benefits in the
same manner as United States citizens and lawful resident
aliens; and
``(2) States should not be obligated to provide public
education benefits to aliens who are not lawfully present in
the United States.
``(b) Nothing in this section shall be construed as
expressing any statement of Federal policy with regard to--
``(1) aliens who are lawfully present in the United States,
or
``(2) benefits other than public education benefits
provided under State law.
``authority of states
``Sec. 602. (a) In order to carry out the policies
described in section 601, each State may provide that an
alien who is not lawfully present in the United States is not
eligible for public education benefits in the State or, at
the option of the State, may be treated as a non-resident of
the State for purposes of provision of such benefits.
``(b) For purposes of subsection (a), an individual shall
be considered to be not lawfully present in the United States
unless the individual (or, in the case of an individual who
is a child, another on the child's behalf)--
``(1) declares in writing under penalty of perjury that the
individual (or child) is a citizen or national of United
States and (if required by a State) presents evidence of
United States citizenship or nationality; or
``(2)(A) declares in writing under penalty of perjury that
the individual (or child) is not a citizen or national of the
United States but is lawfully present in the United States,
and
``(B) presents either--
``(i) alien registration documentation or other proof of
immigration registration from the Service, or
``(ii) such other documents as the State determines
constitutes reasonable evidence indicating that the
individual (or child) is lawfully present in the United
States.
If the documentation described in paragraph (2)(B)(i) is
presented, the State may (at its option) verify with the
Service the alien's immigration status through a system
described in section 1137(d)(3) of the Social Security Act
(42 U.S.C. 1320b-7(d)(3)).
``(c) If a State denies public education benefits under
this section with respect to an alien, the State shall
provide the alien with an opportunity for a fair hearing to
establish that the alien is lawfully present in the United
States, consistent with subsection (b) and Federal
immigration law.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by adding at the end the following new items:
``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES FROM CERTAIN PROGRAM
``Sec. 601. Congressional policy regarding ineligibility of aliens not
lawfully present in the United States for public
education benefits.
``Sec. 602. Authority of States.''.
(c) Effective Date.--The amendments made by this section
shall take effect as of the date of the enactment of this
Act.
It was decided in the
Yeas
257
<3-line {>
affirmative
Nays
163
para.31.15 [Roll No. 75]
AYES--257
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Pryce
Quillen
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--163
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Barton
Becerra
Beilenson
Bentsen
Berman
Bishop
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Campbell
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
de la Garza
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Green
Gunderson
Gutierrez
Harman
Hastings (FL)
Hilliard
Hinchey
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Kolbe
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mink
Molinari
Mollohan
Morella
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Sabo
Sanders
Sanford
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Studds
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Volkmer
Waldholtz
Ward
Watt (NC)
Waxman
Weller
White
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--12
Collins (IL)
Hostettler
Johnston
Moakley
Nadler
Peterson (FL)
Porter
Radanovich
Rush
Stark
Stokes
Waters
So the amendment was agreed to.
para.31.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
CHABOT:
Modify the amendment to read as follows: Strike section
401.
[[Page 509]]
It was decided in the
Yeas
159
<3-line {>
negative
Nays
260
para.31.17 [Roll No. 76]
AYES--159
Abercrombie
Andrews
Baesler
Barcia
Bartlett
Becerra
Boehner
Bonior
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bunn
Bunning
Buyer
Camp
Chabot
Chapman
Chenoweth
Chrysler
Clay
Clayton
Clyburn
Coburn
Coleman
Collins (GA)
Collins (MI)
Conyers
Cooley
Crane
Crapo
Cubin
DeLay
Dellums
Diaz-Balart
Doolittle
Doyle
Durbin
Edwards
Ehlers
Engel
English
Ensign
Evans
Ewing
Fields (LA)
Filner
Flake
Flanagan
Fox
Funderburk
Gibbons
Gillmor
Green
Hall (OH)
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Hilleary
Hilliard
Hinchey
Hoekstra
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnson, Sam
Jones
King
Kingston
Klug
LaHood
Lewis (GA)
Lewis (KY)
Linder
Longley
Lucas
Manzullo
Martinez
Matsui
McDade
McDermott
McHugh
McIntosh
McNulty
Meek
Menendez
Mica
Miller (FL)
Mink
Mollohan
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pastor
Paxon
Payne (NJ)
Pelosi
Petri
Pombo
Portman
Poshard
Quillen
Rahall
Ramstad
Rangel
Reed
Richardson
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Salmon
Sanders
Sanford
Scarborough
Schroeder
Sensenbrenner
Serrano
Slaughter
Smith (MI)
Smith (NJ)
Smith (WA)
Souder
Stockman
Stupak
Tate
Taylor (NC)
Tejeda
Thompson
Tiahrt
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Waldholtz
Walsh
Ward
Watt (NC)
Weldon (PA)
White
Woolsey
Wynn
Yates
Young (AK)
NOES--260
Ackerman
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bono
Borski
Brewster
Browder
Bryant (TN)
Bryant (TX)
Burr
Burton
Callahan
Calvert
Campbell
Canady
Cardin
Castle
Chambliss
Christensen
Clement
Clinger
Coble
Combest
Condit
Costello
Cox
Coyne
Cramer
Cremeans
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Dreier
Duncan
Dunn
Ehrlich
Emerson
Eshoo
Everett
Farr
Fattah
Fawell
Fazio
Fields (TX)
Foglietta
Foley
Forbes
Ford
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Heineman
Herger
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lightfoot
Lincoln
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McInnis
McKeon
McKinney
Meehan
Metcalf
Meyers
Miller (CA)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Neal
Neumann
Nussle
Orton
Packard
Pallone
Parker
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Pryce
Quinn
Regula
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Sabo
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (TX)
Spence
Spratt
Stearns
Stenholm
Studds
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Thomas
Thornberry
Thornton
Thurman
Torricelli
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Wamp
Watts (OK)
Waxman
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Collins (IL)
Hostettler
Johnston
Moakley
Nadler
Porter
Radanovich
Rush
Solomon
Stark
Stokes
Waters
So the amendment, as modified, was not agreed to.
After some further time,
para.31.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
GALLEGLY:
Amend section 401 to read as follows (and conform the table
of contents accordingly):
SEC. 401. EMPLOYMENT ELIGIBILITY CONFIRMATION PROCESS.
Section 274A (8 U.S.C. 1324a) is amended--
(1) in subsection (a)(3), by inserting ``(A)'' after
``Defense.--'', and by adding at the end the following:
``(B) Failure to seek and obtain confirmation.--Subject to
subsection (b)(7), in the case of a hiring of an individual
for employment in the United States by a person or entity
that employs more than 3 employees, the following rules
apply:
``(i) Failure to seek confirmation.--
``(I) In general.--If the person or entity has not made an
inquiry, under the mechanism established under subsection
(b)(6), seeking confirmation of the identity, social security
number, and work eligibility of the individual, by not later
than the end of 3 working days (as specified by the Attorney
General) after the date of the hiring, the defense under
subparagraph (A) shall not be considered to apply with
respect to any employment after such 3 working days, except
as provided in subclause (II).
``(II) Special rule for failure of confirmation
mechanism.--If such a person or entity in good faith attempts
to make an inquiry during such 3 working days in order to
qualify for the defense under subparagraph (A) and the
confirmation mechanism has registered that not all inquiries
were responded to during such time, the person or entity can
make an inquiry in the first subsequent working day in which
the confirmation mechanism registers no nonresponses and
qualify for the defense.
``(ii) Failure to obtain confirmation.--If the person or
entity has made the inquiry described in clause (i)(I) but
has not received an appropriate confirmation of such
identity, number, and work eligibility under such mechanism
within the time period specified under subsection
(b)(6)(D)(iii) after the time the confirmation inquiry was
received, the defense under subparagraph (A) shall not be
considered to apply with respect to any employment after the
end of such time period.'';
(2) by amending paragraph (3) of subsection (b) to read as
follows:
``(3) Retention of verification form and confirmation.--
After completion of such form in accordance with paragraphs
(1) and (2), the person or entity must--
``(A) if the person employs not more than 3 employees,
retain the form and make it available for inspection by
officers of the Service, the Special Counsel for Immigration-
Related Unfair Employment Practices, or the Department of
Labor during a period beginning on the date of the hiring,
recruiting, or referral of the individual and ending--
``(i) in the case of the recruiting or referral for a fee
(without hiring) of an individual, three years after the date
of the recruiting or referral, and
``(ii) in the case of the hiring of an individual--
``(I) three years after the date of such hiring, or
``(II) one year after the date the individual's employment
is terminated, whichever is later; and
``(B) subject to paragraph (7), if the person employs more
than 3 employees, seek to have (within 3 working days of the
date of hiring) and have (within the time period specified
under paragraph (6)(D)(iii)) the identity, social security
number, and work eligibility of the individual confirmed in
accordance with the procedures established under paragraph
(6), except that if the person or entity in good faith
attempts to make an inquiry in accordance with the procedures
established under paragraph (6) during such 3 working days in
order to fulfill the requirements under this subparagraph,
and the confirmation mechanism has registered that not all
inquiries were responded to during such time, the person or
entity shall make an inquiry in the first subsequent working
day in which the confirmation mechanism registers no
nonresponses.''; and
(3) by adding at the end of subsection (b) the following
new paragraphs:
``(6) Employment eligibility confirmation process.--
``(A) In general.--Subject to paragraph (7), the Attorney
General shall establish a confirmation mechanism through
which the Attorney General (or a designee of the Attorney
General which may include a nongovernmental entity)--
``(i) responds to inquiries by employers, made through a
toll-free telephone line, other electronic media, or toll-
free facsimile
[[Page 510]]
number in the form of an appropriate confirmation code or
otherwise, on whether an individual is authorized to be
employed by that employer, and
``(ii) maintains a record that such an inquiry was made and
the confirmation provided (or not provided)
``(B) Expedited procedure in case of no confirmation.--In
connection with subparagraph (A), the Attorney General shall
establish, in consultation with the Commissioner of Social
Security and the Commissioner of the Service, expedited
procedures that shall be used under the confirmation
mechanism in cases in which the confirmation is sought but is
not provided through confirmation mechanism.
``(C) Design and operation of mechanism.--The confirmation
mechanism shall be designed and operated--
``(i) to maximize the reliability of the confirmation
process, and the ease of use by employers, recruiters, and
referrers, consistent with insulating and protecting the
privacy and security of the underlying information, and
``(ii) to respond to all inquiries made by employers on
whether individuals are authorized to be employed by those
employers, recruiters, or referrers registering all times
when such response is not possible.
``(D) Confirmation process.--(i) As part of the
confirmation mechanism, the Commissioner of Social Security
shall establish a reliable, secure method, which within the
time period specified under clause (iii), compares the name
and social security account number provided against such
information maintained by the Commissioner in order to
confirm (or not confirm) the validity of the information
provided and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information.
``(ii) As part of the confirmation mechanism, the
Commissioner of the Service shall establish a reliable,
secure method, which, within the time period specified under
clause (iii), compares the name and alien identification
number (if any) provided against such information maintained
by the Commissioner in order to confirm (or not confirm) the
validity of the information provided and whether the alien is
authorized to be employed in the United States.
``(iii) For purposes of this section, the Attorney General
(or a designee of the Attorney General) shall provide through
the confirmation mechanism confirmation or a tentative
nonconfirmation of an individual's employment eligibility
within 3 working days of the initial inquiry. In cases of
tentative nonconfirmation, the Attorney General shall
specify, in consultation with the Commissioner of Social
Security and the Commissioner of the Service, an expedited
time period not to exceed 10 working days within which final
confirmation or denial must be provided through the
confirmation mechanism in accordance with the procedures
under subparagraph (B).
``(iv) The Commissioners shall update their information in
a manner that promotes the maximum accuracy and shall provide
a process for the prompt correction of erroneous information.
``(E) Protections.--(i) In no case shall an individual be
denied employment because of inaccurate or inaccessible data
under the confirmation mechanism.
``(ii) The Attorney General shall assure that there is a
timely and accessible process to challenge nonconfirmations
made through the mechanism.
``(iii) If an individual would not have been dismissed from
a job but for an error of the confirmation mechanism, the
individual will be entitled to compensation through the
mechanism of the Federal Tort Claims Act.
``(F) Tester program.--As part of the confirmation
mechanism, the Attorney General shall implement a program of
testers and investigative activities (similar to testing and
other investigative activities assisted under the fair
housing initiatives program under section 561 of the Housing
and Community Development Act of 1987 to enforce rights under
the Fair Housing Act) in order to monitor and prevent
unlawful discrimination under the mechanism.
``(G) Protection from liability for actions taken on the
basis of information provided by the employment eligibility
confirmation mechanism.--No person shall be civilly or
criminally liable for any action taken in good faith reliance
on information provided through the employment eligibility
confirmation mechanism established under this paragraph
(including any pilot program established under paragraph
(7)).
``(7) Application of confirmation mechanism through pilot
projects.--
``(A) In general.--Subsection (a)(3)(B) and paragraph (3)
shall only apply to individuals hired if they are covered
under a pilot project established under this paragraph.
``(B) Undertaking pilot projects.--For purposes of this
paragraph, the Attorney General shall undertake pilot
projects for all employers in at least 5 of the 7 States with
the highest estimated population of unauthorized aliens, in
order to test and assure that the confirmation mechanism
described in paragraph (6) is reliable and easy to use. Such
projects shall be initiated not later than 6 months after the
date of the enactment of this paragraph. The Attorney
General, however, shall not establish such mechanism in other
States unless Congress so provides by law. The pilot projects
shall terminate on such dates, not later than October 1,
1999, as the Attorney General determines. At least one such
pilot project shall be carried out through a nongovernmental
entity as the confirmation mechanism.
``(C) Report.--The Attorney General shall submit to the
Congress annual reports in 1997, 1998, and 1999 on the
development and implementation of the confirmation mechanism
under this paragraph. Such reports may include an analysis of
whether the mechanism implemented--
``(i) is reliable and easy to use;
``(ii) limits job losses due to inaccurate or unavailable
data to less than 1 percent;
``(iii) increase or decreases discrimination;
``(iv) protects individual privacy with appropriate policy
and technological mechanisms; and
``(v) burdens individual employers with costs or additional
administrative requirements.''.
It was decided in the
Yeas
86
<3-line {>
negative
Nays
331
para.31.19 [Roll No. 77]
AYES--86
Baker (CA)
Barton
Bateman
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Bono
Borski
Bryant (TX)
Burton
Calvert
Campbell
Canady
Cardin
Castle
Condit
Cunningham
Deal
DeFazio
DeLauro
Dreier
Duncan
Eshoo
Farr
Foglietta
Foley
Frank (MA)
Furse
Gallegly
Gejdenson
Geren
Gilchrest
Goodlatte
Goss
Holden
Horn
Hunter
Jacobs
Johnson (SD)
Kennedy (MA)
Kennedy (RI)
Kim
LaFalce
Leach
Levin
Lewis (CA)
Lowey
Manton
Markey
Martinez
McCollum
McKeon
McKinney
Meehan
Metcalf
Meyers
Miller (CA)
Moorhead
Neal
Obey
Packard
Pallone
Payne (VA)
Rohrabacher
Roth
Roukema
Royce
Sabo
Schumer
Seastrand
Shays
Smith (NJ)
Smith (TX)
Stenholm
Torricelli
Traficant
Vento
Visclosky
Vucanovich
Waxman
Wilson
Wynn
Young (AK)
Young (FL)
NOES--331
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Becerra
Bentsen
Bevill
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Buyer
Callahan
Camp
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
Davis
de la Garza
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Evans
Everett
Ewing
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Ganske
Gekas
Gephardt
Gibbons
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manzullo
Martini
Mascara
Matsui
McCarthy
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McNulty
Meek
Menendez
Mica
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Parker
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Roybal-Allard
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
[[Page 511]]
Scott
Sensenbrenner
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stockman
Stump
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Upton
Velazquez
Volkmer
Waldholtz
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Yates
Zeliff
Zimmer
NOT VOTING--14
Collins (IL)
Hayes
Hostettler
Johnson (CT)
Johnston
Moakley
Nadler
Radanovich
Rose
Stark
Stokes
Studds
Tate
Waters
So the amendment, as modified, was not agreed to.
After some further time,
para.31.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CANADY:
Amend subsection (c) of section 514 to read as follows:
(c) Establishing Job Offer and English Language Proficiency
Requirements.--Paragraph (2) of section 203(c) (8 U.S.C.
1153(c)) is amended to read as follows:
``(2) Requirements of job offer and education or skilled
worker and English language proficiency.--An alien is not
eligible for a visa under this subsection unless the alien--
``(A) has a job offer in the United States which has been
verified;
``(B) has at least a high school education or its
equivalent;
``(C) has at least 2 years of work experience in an
occupation which requires at least 2 years of training; and
``(D) demonstrates the ability to speak and to read the
English language at an appropriate level specified under
subsection (i).''.
Redesignate section 519 as section 520 and insert after
section 518 the following new section (and conform the table
of contents, and cross-references to section 519,
accordingly):
SEC. 519. STANDARDS FOR ENGLISH LANGUAGE PROFICIENCY FOR MOST
IMMIGRANTS.
Section 203 (8 U.S.C. 1153), as amended by section 524(a),
is amended by adding at the end the following new subsection:
``(i) English Language Proficiency Standards.--(1) For
purposes of this section, the levels of English language
speaking and reading ability specified in this subsection are
as follows:
``(A) The ability to speak English at a level required,
without a dictionary, to meet routine social demands and to
engage in a generally effective manner in casual conversation
about topics of general interest, such as current events,
work, family, and personal history, and to have a basic
understanding of most conversations on nontechnical subjects,
as shown by an appropriate score on the standardized test of
English-speaking ability most commonly used by private firms
doing business in the United States.
``(B) The ability to read English at a level required to
understand simple prose in a form equivalent to typescript or
printing on subjects familiar to most general readers, and,
with a dictionary, the general sense of routine business
letters, and articles in newspapers and magazines directed to
the general reader.
``(2) The levels of ability described in paragraph (1)
shall be shown by an appropriate score on the standardized
test of English-speaking ability most commonly used by
private firms doing business in the United States.
Determinations of the tests required and the computing of the
appropriate score on each such test are within the sole
discretion of the Secretary of Education, and are not subject
to further administrative or judicial review.
``(3) The level of English language speaking and reading
ability specified under this subsection shall not apply to
family members accompanying, or following to join, an
immigrant under subsection (e).''.
Amend paragraph (3) of section 513(a) to read as follows:
(3) by adding at the end the following new paragraphs:
``(8) Not counting work experience as an unauthorized
alien.--For purposes of this subsection, work experience
obtained in employment in the United States with respect to
which the alien was an unauthorized alien (as defined in
section 274A(h)(3)) shall not be taken into account.
``(9) English language proficiency requirement.--An alien
is not eligible for an immigrant visa number under this
subsection unless the alien demonstrates the ability to speak
and to read the English language at an appropriate level
specified under subsection (i).''.
In section 553(b)--
(1) in paragraph (1), strike ``paragraph (2)'' and insert
``paragraphs (2) and (3)'', and
(2) redesignate paragraph (3) and paragraph (4), and
(3) insert after paragraph (2) the following new paragraph:
(3) In determining the order of issuance of visa numbers
under this section, if an immigrant demonstrates the ability
to speak and to read the English language at appropriate
levels specified under section 203(i) of the Immigration and
Nationality Act (as added by section 519), the immigrant's
priority date shall be advanced to 180 days before the
priority date otherwise established.
It was decided in the
Yeas
210
<3-line {>
affirmative
Nays
207
para.31.21 [Roll No. 78]
AYES--210
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Boehner
Bono
Browder
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Gordon
Goss
Graham
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
Lucas
Luther
Manzullo
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Pickett
Pombo
Porter
Quillen
Rahall
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Saxton
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thornberry
Tiahrt
Traficant
Upton
Volkmer
Vucanovich
Walker
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--207
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bilirakis
Bishop
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Cardin
Castle
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Davis
de la Garza
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Durbin
Edwards
Ehlers
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Goodling
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
Kolbe
LaFalce
Lantos
Lazio
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Mink
Mollohan
Morella
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Petri
Pomeroy
Portman
Poshard
Pryce
Quinn
Ramstad
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Scarborough
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Skaggs
Slaughter
Smith (MI)
Spratt
Stupak
[[Page 512]]
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Waldholtz
Walsh
Ward
Watt (NC)
Watts (OK)
Waxman
White
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--15
Bliley
Brewster
Chrysler
Collins (IL)
Ford
Hostettler
Johnston
Moakley
Obey
Radanovich
Stark
Stokes
Studds
Waters
Wilson
So the amendment was agreed to.
para.31.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DREIER:
After section 810, insert the following:
SEC. 811. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by
adding at the end the following new subparagraph:
``(C) Except for the Targeted Assistance Ten Percent
Discretionary Program, all grants made available under this
paragraph for a fiscal year shall be allocated by the Office
of Resettlement in a manner that ensures that each qualifying
county shall receive the same amount of assistance for each
refugee and entrant residing in the county as of the
beginning of the fiscal year who arrived in the United States
not more than 60 months prior to such fiscal year.''.
It was decided in the
Yeas
359
<3-line {>
affirmative
Nays
59
para.31.23 [Roll No. 79]
AYES--359
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (TX)
Filner
Flake
Flanagan
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Miller (CA)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shays
Shuster
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Woolsey
Yates
Young (AK)
Zeliff
Zimmer
NOES--59
Andrews
Beilenson
Bilirakis
Bonior
Brown (FL)
Canady
Clay
Clayton
Clyburn
Collins (MI)
Conyers
Dellums
Deutsch
Diaz-Balart
Fields (LA)
Foglietta
Foley
Fowler
Gephardt
Gibbons
Goss
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Jackson (IL)
Jefferson
Kennedy (RI)
Lewis (GA)
Martinez
McCollum
McDermott
Meek
Mica
Miller (FL)
Owens
Pastor
Payne (NJ)
Peterson (FL)
Peterson (MN)
Quillen
Rangel
Ros-Lehtinen
Rose
Rush
Scarborough
Shaw
Sisisky
Skelton
Spratt
Stearns
Thompson
Thurman
Torricelli
Watt (NC)
Williams
Wise
Wynn
Young (FL)
NOT VOTING--13
Bishop
Brewster
Collins (IL)
Hostettler
Johnston
Livingston
Moakley
Radanovich
Stark
Stokes
Studds
Waters
Wilson
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. SMITH of Michigan, assumed the Chair.
When Mr. BONILLA, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.31.24 providing for the consideration of h.j. res. 165
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-489) the resolution (H. Res. 386) providing for the
consideration of the joint resolution (H.J. Res. 165) making further
continuing appropriations for the fiscal year 1996, and for other
purposes, and waiving a requirement of clause 4(b) of rule XI with
respect to consideration of certain resolutions reported from the
Committee on Rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.31.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. OLVER, for today; and
To Ms. WATERS, for today and balance of the week.
And then,
para.31.26 adjournment
On motion of Mr. BILIRAKIS, at 10 o'clock and 29 minutes p.m., the
House adjourned.
para.31.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SHUSTER: Committee on Transportation and
Infrastructure. House Concurrent Resolution 146. Resolution
authorizing the 1996 Special Olympics Torch Relay to be run
through the Capitol Grounds (Rept. No. 104-487). Referred to
the House Calendar.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. House Concurrent Resolution 147. Resolution
authorizing the use of the Capitol Grounds for the 15th
annual National Peace Officers' Memorial Service (Rept. No.
104-488). Referred to the House Calendar.
Mr. McINNIS: Committee on Rules. House Resolution 386.
Resolution providing for consideration of the joint
resolution (H.J. Res. 165) making further continuing
appropriations for the fiscal year 1996, and for other
purposes, and waiving a requirement of clause 4(b) of rule XI
with respect to consideration of certain resolutions reported
from the Committee on Rules (Rept. No. 104-489). Referred to
the House Calendar.
para.31.28 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MONTGOMERY (for himself, Mr. Stump, Mr. Edwards,
and Mr. Hutchinson):
H.R. 3117. A bill to amend title 38, United States Code, to
enable the Secretary of Veterans Affairs to improve service-
delivery of
[[Page 513]]
health care to veterans, and for other purposes; to the
Committee on Veterans' Affairs, and in addition to the
Committee on Commerce, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STUMP (for himself, Mr. Montgomery, Mr.
Hutchinson, and Mr. Edwards):
H.R. 3118. A bill to amend title 38, United States Code, to
reform eligibility for health care provided by the Department
of Veterans Affairs; to the Committee on Veterans' Affairs.
By Mr. MONTGOMERY (by request):
H.R. 3119. A bill to amend title 38, United States Code, to
revise and improve eligibility for medical care and services
under that title, and for other purposes; to the Committee on
Veterans' Affairs, and in addition to the Committees on Ways
and Means, and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. FOX:
H.R. 3120. A bill to amend title 18, United States Code,
with respect to witness retaliation, witness tampering and
jury tampering; to the Committee on the Judiciary.
By Mr. GILMAN (for himself and Mr. Hamilton):
H.R. 3121. A bill to amend the Foreign Assistance Act of
1961 and the Arms Export Control Act to make improvements to
certain defense and security assistance provisions under
those acts, to authorize the transfer of naval vessels to
certain foreign countries, and for other purposes; to the
Committee on International Relations, and in addition to the
Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BROWN of Ohio:
H.R. 3122. A bill to amend the Federal Election Campaign
Act of 1971 to provide for separate limitations on
contributions to qualifying and nonqualifying House of
Representatives candidates; to the Committee on House
Oversight.
By Mr. CAMP:
H.R. 3123. A bill to amend title XVIII and title XIX of the
Social Security Act to prohibit expenditures under the
Medicare Program and Federal financial participation under
the Medicaid Program for assisted suicide, euthanasia, or
mercy killing, and for other purposes; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Herger, Mr. Fox, Mr. Brewster, Mr. Stockman, Mr.
Houghton, Mr. Canady, and Mr. Barr):
H.R. 3124. A bill to amend the Internal Revenue Code of
1986 to increase the amount of depreciable business assets
which may be expensed, and for other purposes; to the
Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Hastert, Mr. Fox, Mr. Christensen, Mr. Stockman, and
Mr. Hostettler):
H.R. 3125. A bill to provide for improvements in financial
security for senior citizens; to the Committee on Ways and
Means, and in addition to the Committees on Commerce, the
Judiciary, Rules, Government Reform and Oversight, and the
Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. ENGLISH of Pennsylvania:
H.R. 3126. A bill to amend the Internal Revenue Code of
1986 to place the burden of proof on the Secretary to prove
that the cash method of accounting does not clearly reflect
income; to the Committee on Ways and Means.
By Mr. ENSIGN:
H.R. 3127. A bill to provide for the orderly disposal of
Federal lands in southern Nevada, and for the acquisition of
certain environmentally sensitive lands in Nevada, and for
other purposes; to the Committee on Resources.
By Mr. FLANAGAN (for himself and Mr. Dingell):
H.R. 3128. A bill to make it unlawful to send lobbying
communications to Congress which are fraudulent; to the
Committee on the Judiciary.
By Mr. MORAN:
H.R. 3129. A bill to amend title 5, United States Code, to
allow loans under the thrift savings plan to be made for
expenses associated with the adoption of a child; to the
Committee on Government Reform and Oversight.
By Mr. PETERSON of Florida (for himself, Mr. Moran, Mr.
Dooley, Mr. Baesler, Mr. Berman, Ms. Brown of
Florida, Mr. Clement, Mr. Coleman, Mr. Dellums, Mr.
Dixon, Mr. Fattah, Mr. Fazio of California, Mr.
Frazer, Mr. Hastings of Florida, Mr. Hefner, Mr.
Hilliard, Mr. Hinchey, Ms. Kaptur, Mr. LaFalce, Mrs.
Lincoln, Mr. Lewis of Georgia, Ms. Lofgren, Ms.
McKinney, Mrs. Meek of Florida, Mr. Minge, Mr.
Nadler, Ms. Norton, Mr. Oberstar, Ms. Pelosi, Mr.
Poshard, Ms. Roybal-Allard, Mr. Sabo, Mr. Sanders,
Mrs. Schroeder, Mr. Stenholm, Mr. Stupak, Mr. Torres,
Ms. Velazquez, Mr. Yates, Mr. Clyburn, Mr. Jefferson,
Mr. Pastor, Mr. Cramer, Mr. Rose, Mrs. Thurman, Mr.
Payne of Virginia, Ms. Jackson-Lee, and Mr. Pallone):
H.R. 3130. A bill to assure availability and continuity of
health insurance and to simplify the administration of health
coverage; to the Committee on Commerce, and in addition to
the Committees on Ways and Means, the Judiciary, and Economic
and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SHAYS:
H.R. 3131. A bill to amend title 49, United States Code, to
permit a State located within 5 miles of an airport in
another State to participate in the process for approval of
airport development projects at the airport; to the Committee
on Transportation and Infrastructure.
By Mr. TOWNS:
H.R. 3132. A bill to amend title XVIII of the Social
Security Act to provide for Medicare contracting reforms, and
for other purposes; to the Committee on Commerce, and in
addition to the Committees on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LIVINGSTON:
H.J. Res. 165. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
para.31.29 private bills and resolutions
Under clause 1 of rule XXII,
Mr. SCARBOROUGH introduced a bill (H.R. 3133) to authorize
the Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Karma; to the Committee on
Transportation and Infrastructure.
para.31.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 598: Mr. Bryant of Texas.
H.R. 777: Mrs. Kelly, Mr. Stupak, Mr. Quinn, and Mr.
Berman.
H.R. 778: Mrs. Kelly, Mr. Stupak, Mr. Quinn, Mr. Berman,
and Mr. Tate.
H.R. 779: Mr. Thornberry, Mr. Taylor of North Carolina, and
Ms. Jackson-Lee.
H.R. 780: Mr. Taylor of North Carolina and Ms. Jackson-Lee.
H.R. 1046: Mr. Stearns and Ms. Harman.
H.R. 1073: Mr. Young of Alaska, Mr. Pete Geren of Texas,
Mr. Orton, and Ms. Eddie Bernice Johnson of Texas.
H.R. 1074: Mr. Young of Alaska, Mr. Pete Geren of Texas,
Mr. Orton, and Ms. Eddie Bernice Johnson of Texas.
H.R. 1202: Mr. Kennedy of Massachusetts and Mr. Dellums.
H.R. 1341: Mr. Barrett of Wisconsin, Mr. Berman, Mr.
Bonior, Mr. Coleman, Mr. Deutsch, Mr. Durbin, Mr. Evans, Mr.
Faleomavaega, Mr. Gene Green of Texas, Mr. Hinchey, Mr.
Jacobs, Mr. Martinez, Mr. Matsui, Mr. Menendez, Mr. Miller of
California, Mr. Moakley, Mr. Oberstar, Ms. Rivers, Mr.
Sanders, Mr. Stark, Mr. Studds, Mr. Torres, and Mr. Yates.
H.R. 1386: Mr. Gordon.
H.R. 1406: Mr. Kleczka, Mr. Roemer, Mr. Dicks, Ms. DeLauro,
Mr. Wise, and Mr. Gephardt.
H.R. 1464: Mr. Bartlett of Maryland.
H.R. 1484: Ms. Norton, Mr. Brown of California, Mr. Lantos,
Mr. Oberstar, Mr. Bentsen, and Mrs. Clayton.
H.R. 1618: Mr. Minge.
H.R. 1619: Mr. Weldon of Pennsylvania.
H.R. 1733: Mr. Lewis of Georgia.
H.R. 1802: Mr. Hoke.
H.R. 2086: Mr. Calvert and Mr. Cunningham.
H.R. 2167: Mr. Yates.
H.R. 2200: Mr. Livingston and Mrs. Vucanovich.
H.R. 2214: Mr. Wise.
H.R. 2237: Mr. Vento.
H.R. 2292: Mr. Nethercutt.
H.R. 2320: Mr. Smith of Michigan, Mr. Sam Johnson, Mr.
Gunderson, Mr. McCollum, Mr. Weldon of Florida, Mr. Istook,
Mr. Bonilla, Mr. Houghton, Mr. Bunning of Kentucky, and Mr.
Manzullo.
H.R. 2338: Mr. Hilliard.
H.R. 2428: Mr. Emerson.
H.R. 2508: Mr. Greenwood, Mr. Towns, Ms. Pryce, Mr. Kennedy
of Massachusetts, and Mr. Chrysler.
H.R. 2579: Mr. Taylor of North Carolina, Mr. Jackson, and
Ms. McKinney.
H.R. 2582: Mrs. Mink of Hawaii.
H.R. 2693: Mrs. Chenoweth.
H.R. 2745: Ms. Norton, Ms. Jackson-Lee, Mr. Gene Green of
Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Shaw, and Mr.
Gonzalez.
H.R. 2746: Ms. Pelosi, Mr. DeFazio, Mr. Andrews, and Mr.
Torricelli.
H.R. 2893: Mr. Shays, Mr. Gilman, Mrs. Morella, Mr.
Gunderson, Mr. Calvert, Mr. Brownback, Mr. Boehlert, Mr.
Franks of New Jersey, Mr. Torkildsen, Mr. Quinn, Mr.
Frelinghuysen, Mr. Martini, Mr. Abercrombie, Mr. Ackerman,
Mr. Andrews, Mr.
[[Page 514]]
Baldacci, Mr. Barrett of Wisconsin, Mr. Becerra, Mr.
Beilenson, Mr. Bentsen, Mr. Berman, Mr. Bevill, Mr. Bishop,
Mr. Bonior, Mr. Borski, Mr. Boucher, Ms. Brown of Florida,
Mr. Brown of Ohio, Mr. Bryant of Texas, Mr. Cardin, Mr. Clay,
Mrs. Clayton, Mr. Clement, Mr. Clyburn, Mr. Coleman, Miss
Collins of Michigan, Mrs. Collins of Illinois, Mr. Conyers,
Mr. Costello, Mr. Coyne, Ms. Danner, Mr. de la Garza, Mr.
DeFazio, Ms. DeLauro, Mr. Dellums, Mr. Dicks, Mr. Dingell,
Mr. Dixon, Mr. Dooley, Mr. Doyle, Mr. Durbin, Mr. Edwards,
Mr. Engel, Ms. Eshoo, Mr. Evans, Mr. Faleomavaega, Mr. Farr,
Mr. Fattah, Mr. Fazio of California, Mr. Fields of Louisiana,
Mr. Filner, Mr. Flake, Mr. Foglietta, Mr. Ford, Mr. Frank of
Massachusetts, Mr. Frazer, Mr. Frost, Ms. Furse, Mr.
Gejdenson, Mr. Gephardt, Mr. Gibbons, Mr. Gonzalez, Mr.
Gordon, Mr. Gene Green of Texas, Mr. Gutierrez, Mr. Hall of
Ohio, Ms. Harman, Mr. Hastings of Florida, Mr. Hefner, Mr.
Hilliard, Mr. Hinchey, Mr. Holden, Mr. Hoyer, Mr. Jackson,
Mr. Jacobs, Ms. Eddie Bernice Johnson of Texas, Mr. Johnson
of South Dakota, Mr. Johnston of Florida, Mr. Kanjorski, Ms.
Kaptur, Mr. Kennedy of Massachusetts, Mr. Kennedy of Rhode
Island, Mrs. Kennelly, Mr. Kildee, Mr. Kleczka, Mr. Klink,
Mr. LaFalce, Mr. Lantos, Ms. Jackson-Lee, Mr. Levin, Mr.
Lewis of Georgia, Mrs. Lincoln, Mr. Lipinski, Ms. Lofgren,
Mrs. Lowey, Mr. Luther, Mrs. Maloney, Mr. Manton, Mr. Markey,
Mr. Martinez, Mr. Mascara, Mr. Matsui, Ms. McCarthy, Mr.
McDermott, Mr. McHale, Ms. McKinney, Mr. Meehan, Mrs. Meek of
Florida, Mr. Menendez, Mr. Miller of California, Mr. Minge,
Mrs. Mink of Hawaii, Mr. Moakley, Mr. Moran, Mr. Nadler, Mr.
Neal of Massachusetts, Ms. Norton, Mr. Oberstar, Mr. Obey,
Mr. Olver, Mr. Ortiz, Mr. Orton, Mr. Owens, Mr. Pallone, Mr.
Pastor, Mr. Payne of New Jersey, Mr. Payne of Virginia, Ms.
Pelosi, Mr. Peterson of Florida, Mr. Pickett, Mr. Poshard,
Mr. Rahall, Mr. Rangel, Mr. Richardson, Ms. Rivers, Mr.
Roemer, Mr. Romero-Barcelo, Ms. Roybal-Allard, Mr. Rush, Mr.
Sabo, Mr. Sanders, Mr. Sawyer, Mrs. Schroeder, Mr. Schumer,
Mr. Scott, Mr. Serrano, Mr. Skaggs, Mr. Skelton, Ms.
Slaughter, Mr. Spratt, Mr. Stark, Mr. Stenholm, Mr. Stokes,
Mr. Studds, Mr. Stupak, Mr. Tejeda, Mr. Thompson, Mrs.
Thurman, Mr. Torres, Mr. Torricelli, Mr. Towns, Mr.
Traficant, Mr. Underwood, Ms. Velazquez, Mr. Vento, Mr.
Volkmer, Mr. Ward, Ms. Waters, Mr. Watt of North Carolina,
Mr. Waxman, Mr. Williams, Mr. Wise, Ms. Woolsey, Mr. Wynn,
Mr. Yates, and Mr. Smith of New Jersey.
H.R. 2914: Mr. Jefferson, Mr. Bishop, Mr. Owens, Mrs.
Collins of Illinois, and Mr. Kennedy of Rhode Island.
H.R. 2925: Mr. Whitfield, Mrs. Vucanovich, Mr. Wicker, Mr.
Shays, and Mr. Foley.
H.R. 2959: Mr. Hobson.
H.R. 2978: Mr. Davis.
H.R. 3002: Mr. Calvert.
H.R. 3004: Mr. Souder, Mr. Boucher, Mr. Stupak, Mr.
Gunderson, Mr. Calvert, and Mr. Hastert.
H.R. 3012: Mr. Watts of Oklahoma, Mr. Parker, Mr. Tejeda,
and Mr. Jefferson.
H.R. 3048: Ms. Meyers of Kansas, Mrs. Lincoln, Mr.
Boehlert, Mr. Zeliff, Mr. Emerson, Mr. Calvert.
H.R. 3050: Mr. Lucas and Mr. Foglietta.
H.R. 3067: Mr. Underwood, Mr. Packard, Mr. Hutchinson, and
Mr. Kennedy of Massachusetts.
H.R. 3103: Mr. Zimmer.
H. Con. Res. 26: Mr. Manton, Mr. Durbin, Mr. Matsui, Mr.
Stockman, Mr. Kleczka, and Mr. Franks of New Jersey.
H. Con. Res. 47: Mr. Cunningham and Mr. Dornan.
H. Con Res. 151: Mr. Filner.
H. Res. 30: Mr. Hamilton, Mr. Norwood, Mr. Markey, and Mr.
Myers of Indiana.
H. Res. 49: Mr. Lewis of Georgia.
H. Res. 385: Mr. Smith of New Jersey.
.
THURSDAY, MARCH 21, 1996 (32)
para.32.1 designation of speaker pro tempore
The House was called to order by the Speaker pro tempore, Mrs.
WALDHOLTZ, who laid before the House the following communication:
Washington, DC,
March 21, 1996.
I hereby designate the Honorable Enid G. Waldholtz to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.32.2 approval of the journal
The SPEAKER pro tempore, Mrs. WALDHOLTZ, announced she had examined
and approved the Journal of the proceedings of Wednesday, March 20,
1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.32.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2279. A letter from the Chair, Architectural and
Transportation Barriers Compliance Board, transmitting the
annual report under the Federal Managers' Financial Integrity
Act for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3);
to the Committee on Government Reform and Oversight.
2280. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Tanker
Navigation Safety Standards, Crew Qualifications and
Training,'' pursuant to Public Law 101-380, section 4111(c)
(104 Stat. 516); to the Committee on Transportation and
Infrastructure.
2281. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Tanker
Simulator Training,'' pursuant to Public Law 101-380, section
4111(c) (104 Stat. 516); to the Committee on Transportation
and Infrastructure.
2282. A letter from the Secretary of Energy, transmitting
the Department's report entitled ``Beyond 2000: A Vision for
the American Metal Casting Industry,'' pursuant to Public Law
101-425, section 10 (104 Stat. 919); to the Committee on
Science.
2283. A letter from the Administrator, National Oceanic and
Atmospheric Administration, transmitting the National Oceanic
and Atmospheric Administration's [NOAA] deep seabed mining
report, pursuant to 30 U.S.C. 1469; jointly, to the
Committees on Resources and International Relations.
para.32.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment a bill of the
House of the following title:
H.R. 3019. An Act making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3019) ``An Act making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget, and for
other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Hatfield,
Mr. Stevens, Mr. Cochran, Mr. Specter, Mr. Domenici, Mr. Bond, Mr.
Gorton, Mr. McConnell, Mr. Mack, Mr. Burns, Mr. Shelby, Mr. Jeffords,
Mr. Gregg, Mr. Bennett, Mr. Campbell, Mr. Byrd, Mr. Inouye, Mr.
Hollings, Mr. Johnston, Mr. Leahy, Mr. Bumpers, Mr. Lautenberg, Mr.
Harkin, Ms. Mikulski, Mr. Reid, Mr. Kerrey, Mr. Kohl, and Mrs. Murray to
be the conferees on the part of the Senate.
The message also announced that the Senate had passed bills and
concurrent resolutions of the following titles, in which the
concurrence of the House is requested:
S. 942. An Act to promote increased understanding of
Federal regulations and increased voluntary compliance with
such regulations by small entities, to provide for the
designation of regional ombudsmen and oversight boards to
monitor the enforcement practices of certain Federal agencies
with respect to small business concerns, to provide relief
from excessive and arbitrary regulatory enforcement actions
against small entities, and for other purposes;
S. 956. An Act to establish a Commission on Structural
Alternatives for the Federal Courts of Appeals;
S. Con. Res. 47. Concurrent resolution to provide for a
Joint Congressional Committee on Inaugural Ceremonies; and
S. Con. Res. 48. Concurrent resolution authorizing the
rotunda of the United States Capitol to be used on January
20, 1997, in connection with the proceedings and ceremonies
for the inauguration of the President-elect and the Vice
President-elect of the United States.
The message also announced that pursuant to sections 276h-276k, of
title 22, United States Code, the Chair, on behalf of the Vice
President, appoints Mrs. Hutchison as the chairperson of the Senate
delegation to the Mexico-United States Interparliamentary Union during
the 2d session of the 104th Congress.
para.32.5 providing for the consideration of h.j. res. 165
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 386):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the joint
resolution (H.J. Res. 165) making further continuing
appropriations for the fiscal year 1996, and for other
purposes. The joint resolution shall be debatable for one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Appropriations.
The previous question shall be considered as ordered on the
joint resolution to final passage without intervening motion
except one motion to recommit. The motion to recommit may
include instructions only if offered by the minority leader
or his designee.
Sec. 2. The requirement of clause 4(b) of rule XI for a
two-thirds vote to consider a report from the Committee on
Rules on the same day it is presented to the House is waived
with respect to any resolution reported from that committee
before April 1, 1996, and providing for consideration or
disposition of any of the following measures.
[[Page 515]]
(1) A bill making general appropriations for the fiscal
year ending September 30, 1996, any amendment thereto, any
conference report thereon, or any amendment reported in
disagreement from a conference thereon.
(2) A bill or joint resolution that includes provisions
making further continuing appropriations for the fiscal year
1996, any amendment thereto, any conference report thereon,
or any amendment reported in disagreement from a conference
thereon.
(3) A bill or joint resolution that includes provisions
increasing or waiving (for a temporary period or otherwise)
the public debt limit under section 3101(b) of title 31,
United States Code, any amendment thereto, any conference
report thereon, or any amendment reported in disagreement
from a conference thereon.
When said resolution was considered.
After debate,
Mr. McINNIS moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. BURTON, announced that the nays had it.
Mr. McINNIS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
234
When there appeared
<3-line {>
Nays
187
para.32.6 [Roll No. 80]
YEAS--234
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--187
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--10
Collins (IL)
Forbes
Johnston
Moakley
Radanovich
Scarborough
Stark
Stokes
Waters
Williams
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
Mr. FROST demanded a recorded vote on agreeing to said resolution
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
237
<3-line {>
affirmative
Nays
183
para.32.7 [Roll No. 81]
AYES--237
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walker
[[Page 516]]
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--183
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Collins (IL)
Cox
Farr
Johnston
Moakley
Radanovich
Solomon
Stark
Stokes
Waters
Williams
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.32.8 board of tea experts
On motion of Mr. KLUG, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 2969) to eliminate the Board of Tea
Experts by repealing the Tea Importation Act of 1897.
When said bill was considered and read twice.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.32.9 privileges of the house--return of senate bill
Mr. CRANE rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 387):
Resolved, That the bill of the Senate (S. 1518) to
eliminate the Board of Tea Experts by prohibiting funding for
the Board and by repealing the Tea Importation Act of 1897,
in the opinion of this House, contravenes the first clause of
the seventh section of the first article of the Constitution
of the United States and is an infringement of the privileges
of this House and that such bill be respectfully returned to
the Senate with a message communicating this resolution.
The SPEAKER pro tempore, Mr. BURTON, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. CRANE for thirty minutes.
After debate,
On motion of Mr. CRANE, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.32.10 further continuing appropriations, fy 1996
Mr. LIVINGSTON, pursuant to House Resolution 386, called up the joint
resolution (H.J. Res. 165) making further continuing appropriations for
fiscal year 1996, and for other purposes.
When said joint resolution was considered and read twice.
After debate,
The previous question having been ordered by said resolution.
The joint resolution was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. OBEY moved to recommit the bill to the Committee on Appropriations
with instructions to report the bill back to the House promptly with an
amendment to provide the necessary funding during the period of the
joint resolution to avert all layoffs of instructional school personnel
whose salaries are paid in whole or in part by programs of the
Department of Education for the 1996-1997 academic year.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. BURTON, announced that the nays had it.
Mr. OBEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
192
When there appeared
<3-line {>
Nays
230
para.32.11 [Roll No. 82]
YEAS--192
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NAYS--230
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
[[Page 517]]
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--9
Collins (IL)
Johnston
Moakley
Radanovich
Roukema
Stark
Stokes
Waters
Zeliff
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. BURTON, announced that the nays had it.
Mr. LIVINGSTON demanded a recorded vote on passage of said joint
resolution, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
244
<3-line {>
affirmative
Nays
180
para.32.12 [Roll No. 83]
AYES--244
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--180
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Barton
Becerra
Beilenson
Bentsen
Berman
Bevill
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Scarborough
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Yates
NOT VOTING--7
Collins (IL)
Johnston
Moakley
Radanovich
Stark
Stokes
Waters
So the joint resolution was passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.32.13 committees and subcommittees to sit
Mr. ARMEY, pursuant to clause 2(i) of rule XI, moved that all
committees and subcommittees be permitted to sit during the 5-minute
rule today and the balance of the week.
After debate,
By unanimous consent, the previous question was ordered.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
So the motion was agreed to.
para.32.14 immigration reform
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 384
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2202) to amend the Immigration and Nationality Act to
improve deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by increasing
penalties for alien smuggling and for document fraud, by reforming
exclusion and deportation law and procedures, by improving the
verification system for eligiblity for employment, and through other
meas
[[Page 518]]
ures, to reform the legal immigraton system and facilitate legal entries
into the United States, and for other purposes.
Mr. BONILLA, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
para.32.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
CHRYSLER:
Strike from title V all except section 522 and subtitle D.
It was decided in the
Yeas
238
<3-line {>
affirmative
Nays
183
para.32.16 [Roll No. 84]
AYES--238
Abercrombie
Ackerman
Allard
Andrews
Armey
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Bishop
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bunn
Camp
Campbell
Cardin
Chabot
Chapman
Christensen
Chrysler
Clay
Clayton
Clyburn
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Crane
Danner
Davis
de la Garza
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Durbin
Edwards
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Goodling
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamilton
Hansen
Harman
Hastings (FL)
Hayworth
Hefner
Hilliard
Hoekstra
Holden
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
LaFalce
LaHood
Lantos
LaTourette
Lazio
Levin
Lewis (CA)
Lewis (GA)
Linder
Livingston
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McInnis
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Mica
Miller (CA)
Miller (FL)
Mink
Mollohan
Moran
Morella
Murtha
Myrick
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Ros-Lehtinen
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Souder
Spratt
Studds
Stupak
Tejeda
Thomas
Thompson
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Waldholtz
Walker
Walsh
Ward
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
White
Williams
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOES--183
Archer
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Boehner
Bono
Brewster
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Castle
Chambliss
Chenoweth
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Cox
Crapo
Cremeans
Cubin
Cunningham
Deal
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
Emerson
Everett
Ewing
Fawell
Fields (TX)
Foley
Fowler
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Goodlatte
Goss
Graham
Greenwood
Gutknecht
Hall (TX)
Hancock
Hastert
Hastings (WA)
Hayes
Hefley
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kingston
Kolbe
Largent
Latham
Laughlin
Leach
Lewis (KY)
Lightfoot
Lincoln
Lipinski
Longley
Lucas
Martini
McCollum
McCrery
McDade
McKeon
Metcalf
Meyers
Minge
Molinari
Montgomery
Moorhead
Myers
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Parker
Petri
Pickett
Pombo
Pomeroy
Quillen
Ramstad
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thornberry
Traficant
Vucanovich
Wamp
Watts (OK)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Zeliff
NOT VOTING--10
Collins (IL)
Johnston
Moakley
Radanovich
Rose
Stark
Stockman
Stokes
Waters
Wise
So the amendment was agreed to.
After some further time,
para.32.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as amended, submitted by Mr.
POMBO:
Subtitle B--Guest Worker Visitation Program
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ``Temporary Agricultural
Worker Amendments of 1996''.
SEC. 822. NEW NONIMMIGRANT H-2B CATEGORY FOR TEMPORARY
AGRICULTURAL WORKERS.
(a) Establishment of New Classification.--Section
101(a)(15)(H)(ii) (8 U.S.C. 1101(a)(15)(H)(ii)) is amended by
striking ``or (b)'' and inserting ``(b) having a residence in
a foreign country which he has no intention of abandoning who
is coming temporarily to the United States pursuant to
section 218A to perform such agricultural labor or services
of a temporary or seasonal nature, or (c)''.
(b) No Family Members Permitted.--Section 101(a)(15)(H) (8
U.S.C. 1101(a)(15)(H)) is amended by striking ``specified in
this paragraph'' and inserting ``specified in this
subparagraph (other than in clause (ii)(b))''.
(c) Disqualification if Convicted of Ownership or Operation
of a Motor Vehicle in United States Without Insurance.--
Section 214 (8 U.S.C. 1184) is amended by adding at the end
the following:
``(l)(1) An alien may not be admitted (or provided status)
as a temporary worker under section 101(a)(15)(H)(ii)(b) if
the alien (after the date of the enactment of this
subsection) has been convicted of owning (or knowingly
operating) a motor vehicle in the United States without
having liability insurance that meets applicable insurance
requirements of the State in which the alien is employed or
in which the vehicle is registered.
``(2) An alien who is admitted or provided status as such a
worker who is so convicted shall be considered, on and after
the date of the conviction and for purposes of section
241(a)(1)(C), to have failed to comply with a condition for
the maintenance of status under section
101(a)(15)(H)(ii)(b).''
(d) Conforming Redesignation.--Subsections (c)(5)(A) and
(g)(1)(B) of section 214 (8 U.S.C. 1184) are each amended by
striking ``101(a)(15)(H)(ii)(b)'' and inserting
``101(a)(15)(H)(ii)(c)''.
SEC. 823. ALTERNATIVE AGRICULTURAL TEMPORARY WORKER PROCESS
USING ATTESTATIONS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 218 the following:
``ALTERNATIVE AGRICULTURAL TEMPORARY WORKER PROGRAM
``Sec. 218A. (a) Condition for the Employment of H-2B
Aliens.--
``(1) In general.--No alien may be admitted or provided
status as an H-2B alien (as defined in subsection (n)(4))
unless--
``(A) the employment of the alien is covered by a currently
valid labor condition attestation which--
``(i) is filed by the employer, or by an association on
behalf of the employer, for the occupation in which the alien
will be employed;
``(ii) has been accepted by the qualified State employment
security agency having jurisdiction over the area of intended
employment; and
``(iii) states each of the items described in paragraph (2)
and includes information identifying the employer or
association and agricultural job opportunities involved; and
``(B) the employer is not disqualified from employing H-2B
aliens pursuant to subsection (g).
``(2) Contents of labor condition attestation.--Each labor
condition attestation filed by or on behalf of, an employer
shall include the following:
``(A) Wage rate.--The employer will pay H-2B aliens and all
other workers in the occupation not less than the prevailing
wage for similarly employed workers in the area of
employment, and not less than the applicable Federal, State
or local statutory minimum wage.
``(B) Working conditions.--The employment of H-2B aliens
will not adversely affect the working conditions with respect
to housing and transportation of similarly employed workers
in the area of employment.
``(C) Limitation on employment.--An H-2B alien will not be
employed in any job oppor
[[Page 519]]
tunity which is not temporary or seasonal, and will not be
employed by the employer in any job opportunity for more than
10 months in any 12-consecutive-month period.
``(D) No labor dispute.--No H-2B alien will be employed in
any job opportunity which is vacant because its former
occupant is involved in a strike, lockout or work stoppage in
the course of a labor dispute in the occupation at the place
of employment.
``(E) Notice.--The employer, at the time of filing the
attestation, has provided notice of the attestation to
workers employed in the occupation in which H-2B aliens will
be employed.
``(F) Job orders.--The employer will file one or more job
orders for the occupation (or occupations) covered by the
attestation with the qualified State employment security
agency no later than the day on which the employer first
employs any H-2B aliens in the occupation.
``(G) Preference to domestic workers.--The employer will
give preference to able, willing and qualified United States
workers who apply to the employer and are available at the
time and place needed, for the first 25 days after the filing
of the job order in an occupation or until 5 days before the
date employment of workers in the occupation begins,
whichever occurs later.
``(3) Establishment as pilot program; restriction of
admissions to pilot program period.--
``(A) In general.--The program under this section is deemed
to be a pilot program and no alien may be admitted or
provided status as an H-2B alien under this section except
during the pilot program period specified in subparagraph
(B).
``(B) Pilot program period.--
``(i) In general.--Subject to clause (ii), the pilot
program period under this subparagraph is the period (ending
on October 1, 1999) during which the employment eligibility
verification system is in effect under section 274A(b)(7) (as
amended by the Immigration in the National Interest Act of
1995).
``(ii) Consideration of extension.--If Congress extends
such verification system, Congress shall also extend the
pilot program period under this subparagraph for the same
period of time.
``(C) Annual reports.--The Comptroller General shall submit
to Congress annual reports on the operation of the pilot
program under this section during the pilot program period.
Such reports shall include an assessment of the program and
of the need for foreign workers to perform temporary
agricultural employment in the United States.
``(4) Limitations on number of visas.--
``(A) In general.--In no case may the number of aliens who
are admitted or provided status as an H-2B alien in a fiscal
year exceed the numerical limitation specified under
subparagraph (B) for that fiscal year.
``(B) Numerical limitation.--The numerical limitation
specified in this subparagraph for--
``(i) the first fiscal year in which this section is
applied is 250,000; and
``(ii) any subsequent fiscal year is the numerical
limitation specified in this subparagraph for the previous
fiscal year decreased by 25,000.
``(iii) Consequences of permanent extension.--If the
Congress makes the program under this section permanent,
Congress shall provide for a two-year phase out of admissions
(and adjustments of status) of nonimmigrants under section
101(a)(15)(H)(ii)(a). In the case of such a phase out, the
Attorney General and the Secretary of Labor shall provide for
the application under this section of special procedures (in
the case of occupations characterized by other than a
reasonably regular workday or workweek) in the same manner as
special procedures are provided for under regulations in such
a case for the nonimmgrant workers under section
101(a)(15)(H)(ii)(a).
``(b) Filing a Labor Condition Attestation.--
``(1) Filing by employers--Any employer in the United
States is eligible to file a labor condition attestation.
``(2) Filing by associations on behalf of employer
members.--An agricultural association may file a labor
condition attestation as an agent on behalf of its members.
Such an attestation filed by an agricultural association
acting as an agent for its members, when accepted, shall
apply to those employer members of the association that the
association certifies to the qualified State employment
security agency are members of the association and have
agreed in writing to comply with the requirements of this
section.
``(3) Period of validity.--A labor condition attestation is
valid from the date on which it is accepted by the qualified
State employment security agency for the period of time
requested by the employer, but not to exceed 12 months.
``(4) Where to file.--A labor condition attestation shall
be filed with such agency having jurisdiction over the area
of intended employment of the workers covered by the
attestation. If an employer, or the members of an association
of employers, will be employing workers in an area or areas
covered by more than one such agency, the attestation shall
be filed with each such agency having jurisdiction over an
area where the workers will be employed.
``(5) Deadline for filing.--An employer may file a labor
condition attestation at any time up to 12 months prior to
the date of the employer's anticipated need for workers in
the occupation (or occupations) covered by the attestation.
``(6) Filing for multiple occupations.--A labor condition
attestation may be filed for one or more occupations and
cover one or more periods of employment.
``(7) Maintaining required documentation.--
``(A) By employers.--Each employer covered by an accepted
labor condition attestation must maintain a file of the
documentation required in subsection (c) for each occupation
included in an accepted attestation covering the employer.
The documentation shall be retained for a period of one year
following the expiration of an accepted attestation. The
employer shall make the documentation available to
representatives of the Secretary during normal business
hours.
``(B) By associations.--In complying with subparagraph (A),
documentation maintained by an association filing a labor
condition attestation on behalf of an employer shall be
deemed to be maintained by the employer.
``(8) Withdrawal.--
``(A) Compliance with attestation obligations.--An employer
covered by an accepted labor condition attestation for an
occupation shall comply with the terms and conditions of the
attestation from the date the attestation is accepted and
continuing throughout the period any persons are employed in
an occupation covered by such an accepted attestation,
whether or not H-2B aliens are employed in the occupation,
unless the attestation is withdrawn.
``(B) Termination of obligations.--An employer may withdraw
a labor condition attestation in total, or with respect to a
particular occupation covered by the attestation. An
association may withdraw such an attestation with respect to
one or more of its members. To withdraw an attestation the
employer or association must notify in writing the qualified
State employment security agency office with which the
attestation was filed of the withdrawal of the attestation.
An employer who withdraws an attestation, or on whose behalf
an attestation is withdrawn by an association, is relieved of
the obligations undertaken in the attestation with respect to
the occupation (or occupations) with respect to which the
attestation was withdrawn, upon acknowledgement by the
appropriate qualified State employment security agency of
receipt of the withdrawal notice. An attestation may not be
withdrawn with respect to any occupation while any H-2B
aliens covered by that attestation are employed in the
occupation.
``(C) Obligations under other statutes.--Any obligation
incurred by the employer under any other law or regulation as
a result of recruitment of United States workers under an
offer of terms and conditions of employment required by the
H-2B program is unaffected by withdrawal of a labor condition
attestation.
``(c) Employer Responsibilities and Requirements For
Employing H-2B Nonimmigrants.--
``(1) Requirement to pay the prevailing wage.--
``(A) Effect of the attestation.--Employers shall pay each
worker in an occupation covered by an accepted labor
condition attestation at least the prevailing wage in the
occupation in the area of intended employment. The preceding
sentence does not require employers to pay all workers in the
occupation the same wage. The employer may, in the sole
discretion of the employer, maintain pay differentials based
on experience, tenure with the employer, skill, or any other
work-related factor, if the differential is not based on a
criterion for which discrimination is prohibited by the law
and all workers in the covered occupation receive at least
the prevailing wage.
``(B) Payment of qualified state employment security agency
determined wage sufficient.--The employer may request and
obtain a prevailing wage determination from the qualified
State employment security agency. If the employer requests
such a determination, and pays the wage determined, such
payment shall be considered sufficient to meet the
requirement of this paragraph if the H-2B workers--
``(i) are employed in the occupation for which the employer
possesses an accepted labor condition attestation, and for
which the employer or association possesses a prevailing wage
determination by the qualified State employment security
agency, and
``(ii) are being paid at least the prevailing wage so
determined.
``(C) Reliance on wage survey.--In lieu of the procedures
of subparagraph (B), an employer may rely on other
information, such as an employer generated prevailing wage
survey and determination, which meets criteria specified by
the Secretary by regulation. In the event of a complaint that
the employer has failed to pay the required wage, the
Secretary shall investigate to determine if the information
upon which the employer relied complied with the criteria for
prevailing wage determinations.
``(D) Alternate methods of payment permitted.--
``(i) In general.--A prevailing wage may be expressed as an
hourly wage, a piece rate, a task rate (described in clause
(ii)), or other incentive pay system, including a group rate
(described in clause (iii)). The requirement to pay at least
the prevailing wage in the occupation and area of intended
employment does not require an employer to pay by the method
of pay in which the prevailing rate is expressed. However, if
the employer adopts a method of pay other than the prevailing
rate, the burden of proof is on the employer to demonstrate
that the employer's method of pay is designed to produce
earnings equiv
[[Page 520]]
alent to the earnings that would result from payment of the
prevailing rate.
``(ii) Task rate.--For purposes of this subparagraph, a
task rate is an incentive payment based on a unit of work
performed such that the incentive rate varies with the level
of effort required to perform individual units of work.
``(iii) Group rate.--For purposes of this subparagraph, a
group rate is an incentive payment system in which the
payment is shared among a group of workers working together
to perform the task.
``(E) Required documentation.--The employer or association
shall document compliance with this paragraph by retaining on
file the employer or association's request for a
determination by a qualified State employment security agency
and the prevailing wage determination received from such
agency or other information upon which the employer or
association relied to assure compliance with the prevailing
wage requirement.
``(2) Requirement to provide housing and transportation.--
``(A) Effect of the attestation.--The employment of H-2B
aliens shall not adversely affect the working conditions of
United States workers similarly employed in the area of
intended employment. The employer's obligation not to
adversely affect working conditions shall continue for the
duration of the period of employment by the employer of any
H-2B aliens in the occupation and area of intended
employment. An employer will be deemed to be in compliance
with this attestation if the employer offers at least the
benefits required by subparagraphs (B) through (D). The
previous sentence does not require an employer to offer more
than such benefits.
``(B) Housing required.--
``(i) Housing offer.--The employer must offer to H-2B
aliens and United States workers recruited from beyond normal
recruiting distance housing, or a housing allowance, if it is
prevailing practice in the occupation and area of intended
employment to offer housing or a housing allowance to workers
who are recruited from beyond normal commuting distance.
``(ii) Housing standards.--If the employer offers housing
to such workers, the housing shall meet (at the option of the
employer) applicable Federal farm labor housing standards or
applicable local or State standards for rental, public
accommodation, or other substantially similar class of
habitation.
``(iii) Charges for housing.--An employer who offers
housing to such workers may charge an amount equal to the
fair market value (but not greater than the employer's actual
cost) for utilities and maintenance, or such lesser amount as
permitted by law.
``(iv) Housing allowance as alternative.--In lieu of
offering housing to such workers, at the employer's sole
discretion on an individual basis, the employer may provide a
reasonable housing allowance. An employer who offers a
housing allowance to such a worker under this subparagraph
shall not be deemed to be a housing provider under section
203 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1823) merely by virtue of providing
such housing allowance.
``(v) Security deposit.--The requirement, if any, to offer
housing to such a worker under this subparagraph shall not
preclude an employer from requiring a reasonable deposit to
protect against gross negligence or willful destruction of
property, as a condition for providing such housing.
``(vi) Damages.--An employer who offers housing to such a
worker shall not be precluded from requiring a worker found
to have been responsible for damage to such housing which is
not the result of normal wear and tear related to habitation
to reimburse the employer for the reasonable cost of repair
of such damage.
``(C) Transportation.--If the employer provides
transportation arrangements or assistance to H-2B aliens, the
employer must offer to provide the same transportation
arrangements or assistance (generally comparable in expense
and scope) for other individuals employed by the employer in
the occupation at the place of employment who were recruited
from beyond normal commuting distance.
``(D) Workers' compensation.--If the employment covered by
a labor condition attestation is not covered by the State
workers' compensation law, the employer must provide, at no
cost to the worker, insurance covering injury and disease
arising out of and in the course of the workers' employment
which will provide benefits at least equal to those provided
under the State workers' compensation law for comparable
employment.
``(E) Required documentation.--
``(i) Housing and transportation.--No specific
documentation is required to be maintained to evidence
compliance with the requirements of subparagraphs (B) and
(C). In the event of a complaint alleging a failure to comply
with such a requirement, the burden of proof shall be on the
employer to show that the employer offered the required
benefit to the complainant, or that the employer was not
required by the terms of this paragraph to offer such benefit
to the complainant.
``(ii) Workers' compensation.--The employer shall maintain
copies of certificates of insurance evidencing compliance
with subparagraph (D) throughout the period of validity of
the labor condition attestation.
``(3) Requirement to employ aliens in temporary or seasonal
agricultural job opportunities.--
``(A) Limitations.--
``(i) In general.--The employer may employ H-2B aliens only
in agricultural employment which is temporary or seasonal.
``(ii) Seasonal basis.--For purposes of this section, labor
is performed on a seasonal basis where, ordinarily, the
employment pertains to or is of the kind exclusively
performed at certain seasons or periods of the year and
which, from its nature, may not be continuous or carried on
throughout the year.
``(iii) Temporary basis.--For purposes of this section, a
worker is employed on a temporary basis where the employment
is intended not to exceed 10 months.
``(B) Required documentation.--No specific documentation is
required to demonstrate compliance with the requirement of
subparagraph (A). In the event of a complaint, the burden of
proof shall fall on the employer to show that the employment
meets such requirement.
``(4) Requirement not to employ aliens in job opportunities
vacant because of a labor dispute.--
``(A) In general.--No H-2B alien may be employed in any job
opportunity which is vacant because its former occupant is
involved in a strike, lockout, or work stoppage in the course
of a labor dispute in the occupation at the place of
employment.
``(B) Required documentation.--No specific documentation is
required to demonstrate compliance with the requirement of
subparagraph (A). In the event of a complaint, the burden of
proof shall fall on the employer to show that the job
opportunity in which the H-2B alien was employed was not
vacant because the former occupant was on strike, locked out,
or participating in a work stoppage in the course of a labor
dispute in the occupation at the place of employment.
``(5) Notice of filing of attestation and supporting
documentation.--
``(A) In general.--The employer shall--
``(i) provide notice of the filing of a labor condition
attestation to the appropriate certified bargaining agent (if
any) which represents workers of the employer in the
occupation (or occupations) at the place of employment
covered by the attestation; or
``(ii) in the case where no appropriate bargaining agent
exists, post notice of the filing of such an attestation in
at least two conspicuous locations where applications for
employment are accepted.
``(B) Period for posting.--The requirement for a posting
under subparagraph (A)(ii) begins on the day the attestation
is filed, and continues through the period during which the
employer's job order is required to remain active pursuant to
paragraph (6)(A).
``(C) Required documentation.--The employer shall maintain
a copy of the notice provided to the bargaining agent (if
any), together with evidence that the notice was provided
(such as a signed receipt of evidence of attempt to send the
notice by certified or registered mail). In the case where no
appropriate certified bargaining agent exists, the employer
shall retain a copy of the posted notice, together with
information as to the dates and locations where the notice
was displayed.
``(6) Requirement to file a job order.--
``(A) Effect of the attestation.--The employer, or an
association acting as agent for its members, shall file the
information necessary to complete a local job order for each
occupation covered by an accepted labor condition attestation
with the appropriate local office of the qualified State
employment security agency having jurisdiction over the area
of intended employment, or with the State office of such an
agency if workers will be employed in an area within the
jurisdiction of more than one local office of such an agency.
The job orders shall remain on file for 25 calendar days or
until 5 calendar days before the anticipated date of need for
workers in the occupation covered by the job order, whichever
occurs later. The job order shall provide at least the
minimum terms and conditions of employment required for
participation in the H-2B program.
``(B) Deadline for filing.--A job order shall be filed
under subparagraph (A) no later than the date on which the
employer files a petition with the Attorney General for
admission or extension of stay for aliens to be employed in
the occupation for which the order is filed.
``(C) Required documentation.--The office of the qualified
State employment security agency which the employer or
association provides with information necessary to file a
local job order shall provide the employer with evidence that
the information was provided in a timely manner as required
by this paragraph, and the employer or association shall
retain such evidence for each occupation in which H-2B aliens
are employed.
``(7) Requirement to give preference to qualified united
states workers.--
``(A) Filing 30 days or more before date of need.--If a job
order is filed 30 days or more before the anticipated date of
need for workers in an occupation covered by a labor
condition attestation and for which the job order has been
filed, the employer shall offer to employ able, willing, and
qualified United States workers who apply to the employer and
who will be available at the time and place needed for the
job opportunities covered by the attestation until 5 calendar
days before the anticipated date of need for workers in the
occupation, or until the employer's job opportunities in the
occupation are filled with qualified United States workers,
if that occurs more than 5 days before the
[[Page 521]]
anticipated date of need for workers in the occupation.
``(B) Filling fewer than 30 days before date of need.--If a
job order is filed fewer than 30 days before the anticipated
date of need for workers in an occupation covered by such an
attestation and for which a job order has been filed, the
employer shall offer to employ able, willing, and qualified
United States workers who are or will be available at the
time and place needed during the first 25 days after the job
order is filed or until the employer's job opportunities in
the occupation are filled with United States workers,
regardless of whether any of the job opportunities may
already be occupied by H-2B aliens.
``(C) Filing vacancies.--An employer may fill a job
opportunity in an occupation covered by an accepted
attestation which remains or becomes vacant after expiration
of the required preference period specified in subparagraph
(A) or (B) of paragraph (6) without regard to such
preference.
``(D) Job-related requirements.--No employer shall be
required to initially employ a worker who fails to meet
lawful job-related employment criteria, nor to continue the
employment of a worker who fails to meet lawful job-related
standards of conduct and performance, including failure to
meet minimum productivity standards after a 3-day break-in
period.
``(E) Required documentation.--No specific documentation is
required to demonstrate compliance with the requirements of
this paragraph. In the event of a complaint, the burden of
proof shall be on the complainant to show that the
complainant applied for the job and was available at the time
and place needed. If the complainant makes such a showing,
the burden of proof shall be on the employer to show that the
complainant was not qualified or that the preference period
had expired.
``(8) Requirements of notice of certain breaks in
employment.--
``(A) In general.--The employer (or an association in
relation to an H-2B alien) shall notify the Service within 7
days if an H-2B alien prematurely abandons the alien's
employment.
``(B) Out-of-status.--An H-2B alien who abandons the
alien's employment shall be considered to have failed to
maintain nonimmigrant status as an alien described in section
101(a)(15)(H)(ii)(b) and shall leave the United States or be
subject to deportation under section 241(a)(1)(C)(i).
``(d) Acceptance By Qualified State Employment Security
Agency.--The qualified State employment security agency shall
review labor condition attestations submitted by employers or
associations only for completeness and obvious inaccuracies.
Unless such an agency finds that the application is
incomplete or obviously inaccurate, the agency shall accept
the attestation within 7 days of the date of filing of the
attestation, and return a copy to the applicant marked
`accepted'.
``(e) Public Registry.--The Secretary shall maintain a
registry of all accepted labor condition attestations and
make such registry available for public inspection.
``(f) Responsibilities of the Qualified State Employment
Security Agencies.--
``(1) Dissemination of labor market information.--The
Secretary shall direct qualified State employment security
agencies to disseminate nonemployer-specific information
about potential labor needs based on accepted attestations
filed by employers. Such dissemination shall be separate from
the clearance of job orders through the Interstate and
Intrastate Clearance Systems, and shall create no obligations
for employers except as provided in this section.
``(2) Referral of workers on qualified state employment
security agency job orders.--Such agencies holding job orders
filed by employers covered by approved labor condition
attestations shall be authorized to refer any able, willing,
and qualified eligible job applicant who will be available at
the time and place needed and who is authorized to work in
the united States, including H-2B aliens who are seeking
additional work in the United States and whose eligibility to
remain in the United States pursuant to subsection (h) has
not expired, on job orders filed by holders of accepted
attestations.
``(g) Enforcement and Penalties.--
``(1) Enforcement authority.--
``(A) Investigation of complaints.--The Secretary shall
establish a process for the receipt, investigation, and
disposition of complaints respecting an employer's failure to
meet a condition specified in subsection (a) or an employer's
misrepresentation of material facts in such an application.
Complaints may be filed by any aggrieved person or
organizations (including bargaining representatives). No
investigation or hearing shall be conducted on a complaint
concerning such a failure or misrepresentation unless the
complaint was filed not later than 12 months after the date
of the failure or misrepresentation, respectively. The
Secretary shall conduct an investigation under this
subparagraph if there is reasonable cause to believe that
such a failure or misrepresentation has occurred.
``(B) Written notice of findings and opportunity for
appeal.--After an investigation has been conducted, the
Secretary shall issue a written determination as to whether
or not any violation described in paragraph (2) has been
committed. The Secretary's determination shall be served on
the complainant and the employer, and shall provide an
opportunity for an appeal of the Secretary's decision to an
administrative law judge, who may conduct a de novo hearing.
``(2) Remedies.--
``(A) Back wages.--Upon a final determination that the
employer has failed to pay wages as required under this
section, the Secretary may assess payment of back wages due
to any United States worker or H-2B alien employed by the
employer in the specific employment in question. The back
wages shall be equal to the difference between the amount
that should have been paid and the amount that actually was
paid to such worker.
``(B) Failure to pay wages.--Upon a final determination
that the employer has failed to pay the wages required under
this section, the Secretary may assess a civil money penalty
up to $1,000 for each failure, and may recommend to the
Attorney General the disqualification of the employer from
the employment of H-2B aliens for a period of time determined
by the Secretary not to exceed 1 year.
``(C) Other violations.--If the Secretary, as a result of
an investigation pursuant to a complaint, determines that an
employer covered by an accepted labor condition attestation
has--
``(i) filed an attestation which misrepresents a material
fact; or
``(ii) failed to meet a condition specified in subsection
(a),
the Secretary may assess a civil money penalty not to exceed
$1,000 for each violation. In determining the amount of civil
money penalty to be assessed, the Secretary shall consider
the seriousness of the violation, the good faith of the
employer, the size of the business of the employer being
charged, the history of previous violations by the employer,
whether the employer obtained a financial gain from the
violation, whether the violation was willful, and other
relevant factors.
``(D) Program disqualification.--
``(i) 3-years for second violation.--Upon a second final
determination that an employer has failed to pay the wages
required under this section, the Secretary shall report such
determination to the Attorney General and the Attorney
General shall disqualify the employer from the employment of
H-2B aliens for a period of 3 years.
``(ii) Permanent for third violation.--Upon a third final
determination that an employer has failed to pay the wages
required under this section, the Secretary shall report such
determination to the Attorney General and the Attorney
General shall disqualify the employer from any subsequent
employment of H-2B aliens.
``(3) Role of associations.--
``(A) Violation by a member of an association.--An employer
on whose behalf a labor condition attestation is filed by an
association acting as its agent is fully responsible for such
attestation, and for complying with the terms and conditions
of this section, as though the employer had filed the
attestation itself. If such an employer is determined to have
violated a requirement of this section, the penalty for such
violation shall be assessed against the employer who
committed the violation and not against the association or
other members of the association.
``(B) Violation by an association acting as an employer.--
If an association filing a labor condition attestation on its
own behalf as an employer is determined to have committed a
violation under this subsection which results in
disqualification from the program under paragraph (2)(D), no
individual member of such association may be the beneficiary
of the services of an H-2B alien in an occupation in which
such alien was employed by the association during the period
such disqualification is in effect, unless such member files
a labor condition attestation as an individual employer or
such an attestation is filed on the employer's behalf by an
association with which the employer has an agreement that the
employer will comply with the requirements of this section.
``(h) Procedure for Admission or Extension of H-2B
Aliens.--
``(1) Aliens who are outside the united states.--
``(A) Petitioning for admission.--An employer or an
association acting as agent for its members who seeks the
admission into the United States of H-2B aliens may file a
petition with the District Director of the Service having
jurisdiction over the location where the aliens will be
employed. The petition shall be accompanied by an accepted
and currently valid labor condition attestation covering the
petitioner. The petition may be for named or unnamed
individual or multiple beneficiaries.
``(B) Expedited adjudication by district director.--If an
employer's petition for admission of H-2B aliens is correctly
filled out, and the employer is not ineligible to employ H-2B
aliens, the District Director (or the Director's designee)
shall approve the petition within 3 working days of receipt
of the petition and accepted labor condition attestation and
immediately (by fax, cable, or other means assuring expedited
delivery) transmit a copy of the approved petition to the
petitioner and to the appropriate immigration officer at the
port of entry or United States consulate (as the case may be)
where the petitioner has indicated that the alien beneficiary
(or beneficiaries) will apply for a visa or admission to the
United States.
``(C) Unnamed beneficiaries selected by petitioner.--The
petitioning employer or association or its representative
shall approve the issuance of visas to beneficiaries who are
[[Page 522]]
unnamed on a petition for admission granted to the employer
or association.
``(D) Criteria for admissibility.--
``(i) In general.--An alien shall be admissible under this
section if the alien is otherwise admissible under this Act
and the alien is not debarred pursuant to the provisions of
clause (ii).
``(ii) Disqualification.--An alien shall be debarred from
admission or being provided status as an H-2B alien under
this section if the alien has, at any time--
``(I) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(II) has otherwise violated a term or condition of
admission to the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(E) Period of admission.--The alien shall be admitted for
the period requested by the petitioner not to exceed 10
months, or the remaining validity period of the petitioner's
approved labor condition attestation, whichever is shorter,
plus an additional period of 14 days, during which the alien
shall seek authorized employment in the United States. During
the 14-day period following the expiration of the alien's
work authorization, the alien is not authorized to be
employed unless the original petitioner or a subsequent
petitioner has filed an extension of stay on behalf of the
alien.
``(F) Issuance of identification and employment eligibility
document.--
``(i) In general.--The Attorney General shall cause to be
issued to each H-2B alien a card in a form which is resistant
to counterfeiting and tampering for the purpose of providing
proof of identity and employment eligibility under section
274A.
``(ii) Design of card.--Each card issued pursuant to clause
(i) shall be designed in such a manner and contain a
photograph and other identifying information (such as date of
birth, sex, and distinguishing marks) that would allow an
employer to determine with reasonable certainty that the
bearer is not claiming the identity of another individual,
and shall--
``(I) contain a fingerprint or other biometric identifying
data (or both);
``(II) specify the date of the aliens authorization as an
H-2B alien;
``(III) specify the expiration date of the alien's work
authorization; and
``(IV) specify the alien's admission number or alien file
number.
``(2) Extension of stay.--
``(A) Application for extension of stay.--If a petitioner
seeks to employ an H-2B alien already in the United States,
the petitioner shall file an application for an extension of
stay. The application for extension of stay shall be
accompanied by a currently valid labor condition attestation.
``(B) Limitation on filing an application for extension of
stay.--An application may not be filed for an extension of an
alien's stay for a period of more than 10 months, or later
than a date which is 2 years from the date of the alien's
last admission to the United States as a H-2B alien,
whichever occurs first. An application for extension of stay
may not be filed during the pendency of an alien's previous
authorized period of admission, nor after the alien's
authorized stay in the United States has expired.
``(C) Work authorization upon filing an application for
extension of stay.--An employer may begin employing an alien
already in the United States in H-2B status on the day the
employer files its application for extension of stay with the
Service. For the purpose of this requirement, the term
`filing' means sending the application by certified mail via
the United States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of
receipt of the application. The employer shall provide a copy
of the employer's application for extension of stay to the
alien, who shall keep the application with the alien's
identification and employment eligibility card as evidence
that the extension has been filed and that the alien is
authorized to work in the United States. Upon approval of an
application for extension of stay, the Service shall provide
a new employment document to the alien indicating a new
validity date, after which the alien is not required to
retain a copy of the application for extension of stay.
``(D) Limitation on employment authorization of h-2b aliens
without valid identification and employment eligibility
card.--An expired identification and employment eligibility
card, together with a copy of an application for extension of
stay, shall constitute a valid work authorization document
for a period of not more than 60 days from the date of
application for the extension of stay, after which time only
a currently valid identification and employment eligibility
card shall be acceptable.
``(3) Limitation on an individual's stay in h-2b status.--
An alien having status as an H-2B alien may not have the
status extended for a continuous period longer than 2 years
unless the alien remains outside the United States for an
uninterrupted period of 6 months. An absence from the United
States may break the continuity of the period for which an H-
2B visa is valid. If the alien has resided in the United
States 10 months or less, an absence breaks the continuity of
the period if its lasts for at least 2 months. If the alien
has resided in the United States 10 months or more, an
absence breaks the continuity of the period if it lasts for
at least one-fifth the duration of the stay.
``(i) Trust Fund to Assure Worker Return.--
``(1) Establishment.--There is established in the Treasury
of the United States a trust fund (in this section referred
to as the `Trust Fund') for the purpose of providing a
monetary incentive for H-2B aliens to return to their country
of origin upon expiration of their visas under this section.
``(2) Withholding of wages; payment into the trust fund.--
``(A) In general.--Employers of H-2B aliens shall--
``(i) withhold from the wages of their H-2B alien workers
an amount equivalent to 25 percent of the wages of each H-2B
alien worker and pay such withheld amount into the Trust Fund
in accordance paragraph (3); and
``(ii) pay to the Trust Fund an amount equivalent to the
Federal tax on the wages paid to H-2B aliens that the
employer would be obligated to pay under the Federal
Unemployment Tax Act and the Federal Insurance Contributions
Act.
Amounts withheld under clause (i) shall be maintained in such
interest bearing account with such a financial institution as
the Attorney General shall specify.
``(3) Distribution of funds.--The amounts paid into the
Trust Fund and held pursuant to paragraph (2)(A)(i), and
interest earned thereon, shall be paid by the Attorney
General as follows:
``(A) Reimbursement of emergency medical expenses.--To
reimburse valid claims for reimbursement of emergency medical
services furnished to H-2B aliens, to the extent that
sufficient funds are not available on an annual basis from
the Trust Fund pursuant to paragraphs (2)(A)(ii) and (4)(B).
``(B) Payments to workers.--Amounts paid into the Trust
Fund on behalf of a worker, and interest earned thereon, less
a pro rata reduction for any payments made pursuant to
subparagraph (A), shall be paid by the Attorney General to
the worker if--
``(i) the worker applies to the Attorney General (or the
designee of the Attorney General) for payment within 30 days
of the expiration of the alien's last authorized stay in the
United States as a H-2B alien;
``(ii) in such application the worker establishes that the
worker has complied with the terms and conditions of this
section; and
``(iii) in connection with the application, the worker
tenders the identification and employment authorization card
issued to the worker pursuant to subsection (h)(1)(F) and
establishes that the worker is identified as the person to
whom the card was issued based on the biometric
identification information contained on the card.
``(4) Administrative expenses and emergency medical
expenses.--The amounts paid into the Trust Fund and held
pursuant to paragraph (2)(A)(ii), and interest earned
thereon, shall be paid by the Attorney General as follows:
``(A) Administrative expenses.--First, to the Attorney
General, the Secretary of Labor, and the Secretary of State
in amounts equivalent to the expenses incurred by such
officials in the administration of section
101(a)(15)(H)(ii)(b) and this section.
``(B) Reimbursement of emergency medical services.--Any
remaining amounts shall be available on an annual basis to
reimburse hospitals for emergency medical services furnished
to H-2B aliens as provided in subsection (k)(2).
``(5) Regulations.--The Attorney General shall prescribe
regulations to carry out this subsection.
``(j) Investment of Trust Fund.--
``(1) In general.--It shall be the duty of the Secretary of
the Treasury to invest such portion of the Trust Fund as is
not, in the Secretary's judgement, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States. For such purpose, such obligations may be acquired--
``(A) on original issue at the price; or
``(B) by purchase of outstanding obligations at the market
price.
The purposes for which obligations of the United States may
be issued under chapter 31 of title 31, United States Code,
are hereby extended to authorize the issuance at par of
special obligations exclusively to the Trust Fund. Such
special obligations shall bear interest at a rate equal to
the average rate of interest, computed as to the end of the
calendar month next preceding the date of such issue, borne
by all marketable interest-bearing obligations of the United
States then forming a part of the public debt, except that
where such average rate is not a multiple of one-eighth of 1
percent next lower than such average rate. Such special
obligations shall be issued only if the Secretary of the
Treasury determines that the purchase of other interest-
bearing obligations of the United States, or of obligations
guaranteed as to both principal and interest by the United
States on original issue or at the market price, is not in
the public interest.
``(2) Sale of obligation.--Any obligation acquired by the
Trust Fund (except special obligations issued exclusively to
the Trust Fund) may be sold by the Secretary of the Treasury
at the market price, and such special obligations may be
redeemed at par plus accrued interest.
``(3) Credits to trust fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Trust Fund shall be credited to and form a part of the
Trust Fund.
[[Page 523]]
``(4) Report to congress.--It shall be the duty of the
Secretary of the Treasury to hold the Trust Fund, and (after
consultation with the Attorney General) to report to the
Congress each year on the financial condition and the results
of the operations of the Trust Fund during the preceding
fiscal year and on its expected condition and operations
during the next fiscal year. Such report shall be printed as
both a House and a Senate document of the session of the
Congress to which the report is made.
``(k) Reimbursement of Cost of Emergency Medical
Services.--
``(1) In general.--The Attorney General shall establish
procedures for reimbursement of hospitals operated by a State
or by a unit of local government (or corporation owned or
controlled by the State or unit) for the reasonable cost of
providing emergency medical services (as defined by the
Attorney General in consultation with the Secretary of Health
and Human Services) in the United States to H-2B aliens for
which payment has not been otherwise reimbursed.
``(2) Source of funds for reimbursement.--Funds for
reimbursement of hospitals pursuant to paragraph (1) shall be
drawn--
``(A) first under subsection (i)(4)(B), from amounts
deposited in the Trust Fund under subsection (i)(2)(A)(ii)
after reimbursement of certain administrative expenses; and
``(B) then under subsection (i)(3)(A), to the extent that
funds described in subparagraph (A) are insufficient to meet
valid claims, from amounts deposited in the Trust Fund under
subsection (i)(2)(A)(i).
``(l) Miscellaneous Provisions.--
``(1) Applicability of labor laws.--Except as provided in
paragraphs (2), (3), and (4), all Federal, State, and local
labor laws (including laws affecting migrant farm workers)
applicable to United States workers shall also apply to H-2B
aliens.
``(2) Limitation of written disclosure imposed upon
recruiters.--Any disclosure required of recruiters under
section of 201(a) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1821(a)) need not be given
to H-2B aliens prior to the time their visa is issued
permitted entry into the United States.
``(3) Exemption from fica and futa taxes.--The wages paid
to H-2B aliens shall be excluded from wages subject to
taxation under the Federal Unemployment Tax Act and under the
Federal Insurance Contributions Act.
``(4) Ineligibility for certain public benefits programs.--
``(A) In general.--Notwithstanding any other provision of
law and except as provided in subparagraph (B), any alien
provided status as an H-2B alien shall not be eligible for
any Federal or State or local means-tested public benefit
program.
``(B) Exceptions.--Subparagraph (A) shall not apply to the
following:
``(i) Emergency medical services.--The provision of
emergency medical services (as defined by the Attorney
General in consultation with the Secretary of Health and
Human Services).
``(ii) Public health immunizations.--Public health
assistance for immunizations with respect to immunizable
diseases and for testing and treatment for communicable
diseases.
``(iii) Short-term emergency disaster relief.--The
provision of non-cash, in-kind, short-term emergency disaster
relief.
``(m) Consultation on Regulations.--
``(1) Regulations of the secretary.--The Secretary shall
consult with the Secretary of Agriculture, and the Attorney
General shall approve, all regulations dealing with the
approval of labor condition attestations for H-2B aliens or
enforcement of the requirements for employing H-2B aliens
under an approved attestation.
``(2) Regulations of the attorney general.--The Attorney
General shall consult with the Secretary of Agriculture on
all regulations dealing with the approval of petitions for
admission or extension of stay of H-2B aliens or the
requirements for employing H-2B aliens or the enforcement of
such requirements.
``(n) Definitions.--For the purpose of this section:
``(1) Agricultural association.--The term `agricultural
association' means any nonprofit or cooperative association
of farmers, growers, or ranchers incorporated or qualified
under applicable State law, which recruits, solicits, hires,
employs, furnishes, or transports any agricultural workers.
``(2) Agricultural employment.--The term `agricultural
employment' means any service or activity included within the
provisions of section 3(f) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(f)) or section 3121(g) of the Internal
Revenue Code of 1986 and the handling, planting, drying,
packing, packaging, processing, freezing, or grading prior to
delivery for storage of any agricultural or horticultural
commodity in its unmanufactured state.
``(3) Employer.--The term `employer' means any person or
entity, including any independent contractor and any
agricultural association, that employs workers.
``(4) H-2B alien.--The term `H-2B alien' means an alien
admitted to the United States or provided status as a
nonimmigrant under section 101(a)(15)(H)(ii)(b).
``(5) Qualified state employment security agency.--The term
`qualified State employment security agency' means a State
employment security agency in a State in which the Secretary
has determined that the State operates a job service that
actively seeks to match agricultural workers with jobs and
participates in a multi-State job service program in States
where significant supplies of farm labor exist.
``(6) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(7) United states worker.--The term `United States
worker' means any worker, whether a United States citizen, a
United States national, or an alien, who is legally permitted
to work in the job opportunity within the United States other
than aliens admitted pursuant to this section.''
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 218 the
following new item:
``Sec. 218A. Alternative agricultural worker program.''.
At the end of section 308(g)(10), add the following:
(H)(i) Section 214(l)(2), as added by section 822(c), is
amended by striking ``241(a)(1)(C)'' and inserting
``237(a)(1)(C)''.
(ii) Section 218A(c)(8)(B), as inserted by section 823(a),
is amended by striking ``deportation under section
241(a)(1)(C)(i)'' and inserting ``removal under section
237(a)(1)(C)(i)''.
It was decided in the
Yeas
180
<3-line {>
negative
Nays
242
para.32.18 [Roll No. 85]
AYES--180
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Callahan
Calvert
Camp
Campbell
Canady
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Deutsch
Dickey
Dooley
Doolittle
Dreier
Dunn
Ehlers
Emerson
English
Ensign
Everett
Ewing
Fawell
Fazio
Fields (TX)
Forbes
Fox
Funderburk
Gallegly
Gekas
Gillmor
Gilman
Goodling
Gordon
Graham
Greenwood
Gunderson
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Houghton
Hutchinson
Inglis
Johnson (CT)
Jones
Kelly
Kim
Kingston
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Pryce
Quillen
Riggs
Roberts
Rose
Salmon
Sanford
Saxton
Schaefer
Seastrand
Shadegg
Shuster
Sisisky
Skelton
Smith (MI)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stump
Tanner
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Watts (OK)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOES--242
Abercrombie
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baldacci
Barcia
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Burton
Buyer
Cardin
Castle
Chabot
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dornan
Doyle
Duncan
Durbin
Edwards
Ehrlich
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Ford
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Ganske
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gonzalez
Goodlatte
Goss
Green
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hefley
Hilliard
Hinchey
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
Lantos
Largent
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
[[Page 524]]
Meehan
Meek
Menendez
Meyers
Miller (CA)
Minge
Mink
Molinari
Mollohan
Moran
Murtha
Nadler
Neal
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Scarborough
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Skaggs
Skeen
Slaughter
Smith (NJ)
Smith (TX)
Stenholm
Stockman
Studds
Stupak
Talent
Tate
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Waldholtz
Wamp
Ward
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--9
Clay
Collins (IL)
Hayes
Johnston
Moakley
Radanovich
Stark
Stokes
Waters
So the amendment, as amended, was not agreed to.
After some further time,
para.32.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GOODLATTE:
After section 810, insert the following new section (and
conform the table of contents accordingly):
SEC. 811. CHANGES IN THE H-2A PROGRAM.
(a) Placing Responsibility for Certification Within the
INS.--Section 218 (8 U.S.C. 1188) is amended--
(1) by striking ``Secretary of Labor'' and ``Secretary''
each place either appears (other than in subsections
(b)(2)(A), (c)(4), and (g)(2)) and inserting ``Attorney
General''; and
(2) by amending paragraph (3) of subsection (g) to read as
follows:
``(3) There are authorized to be appropriated for each
fiscal year such sums as may be necessary for the purpose of
enabling the Attorney General and the Secretary of Labor to
make determinations and certifications under this section and
of enabling the Secretary of Labor to make determinations and
certifications under section 212(a)(5)(A)(i).''.
(b) Reduction in Time Required for Positive Recruitment.--
Section 218 (8 U.S.C. 1188) is amended--
(1) in subsection (b)(4), by adding at the end the
following: ``The employer shall not be required to engage in
positive recruitment for more than 20 days.'', and
(2) in subsection (c)(1), by striking ``60 days'' and
inserting ``40 days''.
(c) Elimination of 50 Percent Rule.--Section 218 (8 U.S.C.
1188(c)(3)) is amended by amending subparagraph (B) to read
as follows:
``(B) An employer is not required, in order for its labor
certification to remain effective, to provide employment to
United States workers who apply for employment after the end
of the required period of positive recruitment.''.
(d) Permitting Housing Allowance.--Section 218(c)(4) (8
U.S.C. 1188(c)(4)) is amended by inserting ``(A)'' after
``.--'' and by adding at the end the following:
``(B) In lieu of offering housing under subparagraph (A),
an employer may provide a reasonable housing allowance, but
only if housing is reasonably available in the area of
employment.''.
(e) Modified \3/4\ Rule.--Section 218(c)(3) (8 U.S.C.
1188(c)(3)) is amended by adding at the end the following new
subparagraph:
``(C) An employer, in order for its labor certification to
remain effective, shall guarantee to offer an H-2A worker at
least 8 hours of employment in each of at least \3/4\ of the
workdays in which the task (or tasks) for which the H-2A
worker was hired to perform are being performed. The employer
is not required to guarantee to offer an H-2A worker
employment in any portion of the total periods during which
the work contract and all extensions thereof are in effect.
(f) Cap.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is
amended)
(1) by striking ``or'' at the end of subparagraph (A),
(2) by redesignating subparagraph (B) as subparagraph (C),
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) under section 101(a)(15)(H)(ii)(a) may not exceed
100,000, or''.
(g) Effective Date.--The H-2A amendments made by this
section shall apply to applications for certification filed
on or after October 1, 1996, and to fiscal years beginning on
or after such date.
It was decided in the
Yeas
59
<3-line {>
negative
Nays
357
para.32.20 [Roll No. 86]
AYES--59
Allard
Andrews
Archer
Bartlett
Barton
Bateman
Bilbray
Bilirakis
Bliley
Boucher
Brownback
Bryant (TN)
Campbell
Clinger
Combest
Davis
Ehrlich
Ensign
Fields (TX)
Foley
Fowler
Frelinghuysen
Gekas
Geren
Goodlatte
Gunderson
Gutknecht
Hefley
Hostettler
Houghton
Hutchinson
Johnson, Sam
Kingston
Latham
Linder
McCollum
Moran
Myers
Myrick
Ney
Oxley
Parker
Quillen
Ramstad
Rogers
Roukema
Saxton
Schaefer
Shaw
Smith (MI)
Smith (TX)
Stearns
Stenholm
Tauzin
Taylor (NC)
Thomas
Wicker
Young (AK)
Young (FL)
NOES--357
Abercrombie
Ackerman
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Emerson
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Nadler
Neal
Nethercutt
Neumann
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Scarborough
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stockman
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Zeliff
Zimmer
NOT VOTING--15
Barr
Bunn
Clay
Collins (IL)
DeLay
Dicks
Johnston
Moakley
Radanovich
Rose
Stark
Stokes
Studds
Waters
Wilson
So the amendment was not agreed to.
para.32.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the
[[Page 525]]
Whole on the following amendment submitted by Mr. BURR:
At the end of subtitle B of title VIII insert the following
new section:
SEC. 837. EXTENSION OF H-1A VISA PROGRAM FOR NON-IMMIGRANT
NURSES.
Effective as if included in the enactment of the
Immigration Nursing Relief Act of 1989 (Public Law 101-238),
section 3(d) of such Act (103 Stat. 2103) is amended--
(1) by striking ``To 5-Year Period'',
(2) by striking ``5-year'', and
(3) by inserting ``and ending at the end of the 6-month
period beginning on the date of the enactment of the
Immigration in the National Interest Act of 1995'' after
``Act''.
It was decided in the
Yeas
154
<3-line {>
negative
Nays
262
para.32.22 [Roll No. 87]
AYES--154
Abercrombie
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bevill
Bilbray
Bliley
Boehner
Boucher
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Camp
Campbell
Canady
Chambliss
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Crane
Crapo
Cremeans
Cubin
de la Garza
Deal
Dickey
Doolittle
Dornan
Dreier
Durbin
Ewing
Fawell
Fields (TX)
Foley
Fowler
Funderburk
Gekas
Geren
Gilchrest
Goodlatte
Goss
Graham
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Jones
Kaptur
Kelly
Kim
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lincoln
Linder
Livingston
Lucas
McCollum
McCrery
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Mink
Moorhead
Myers
Myrick
Nethercutt
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Payne (VA)
Pickett
Pombo
Portman
Quillen
Riggs
Roberts
Rogers
Rush
Salmon
Sanford
Schaefer
Schiff
Seastrand
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Solomon
Souder
Stenholm
Stockman
Stump
Tanner
Tauzin
Taylor (NC)
Tejeda
Thornberry
Torkildsen
Upton
Vucanovich
Walker
Wamp
Weldon (FL)
White
Wicker
Young (AK)
Zeliff
NOES--262
Ackerman
Andrews
Bachus
Baesler
Baldacci
Barcia
Barrett (WI)
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bilirakis
Bishop
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Callahan
Calvert
Cardin
Castle
Chabot
Chapman
Chenoweth
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Cunningham
Danner
Davis
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Green
Greenwood
Gutierrez
Hamilton
Harman
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Hobson
Holden
Houghton
Hoyer
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lightfoot
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Miller (CA)
Minge
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Neumann
Ney
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pomeroy
Porter
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Sabo
Sanders
Sawyer
Saxton
Scarborough
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Spratt
Stearns
Stupak
Talent
Tate
Taylor (MS)
Thomas
Thompson
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Waldholtz
Walsh
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
Weller
Whitfield
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOT VOTING--15
Beilenson
Clay
Collins (IL)
DeLay
Johnson (SD)
Johnston
Moakley
Radanovich
Rose
Spence
Stark
Stokes
Studds
Waters
Wilson
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. RIGGS, assumed the Chair.
When Mr. BONILLA, Chairman, pursuant to House Resolution 384, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Immigration in the National Interest Act of 1996''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided--
(1) whenever in this Act an amendment or repeal is
expressed as the amendment or repeal of a section or other
provision, the reference shall be considered to be made to
that section or provision in the Immigration and Nationality
Act, and
(2) amendments to a section or other provision are to such
section or other provision as in effect on the date of the
enactment of this Act and before any amendment made to such
section or other provision elsewhere in this Act.
(c) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
table of contents.
TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER
ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States
unlawfully.
Sec. 107. Inservice training for the border patrol.
Sec. 108. Report.
Subtitle B--Pilot Programs
Sec. 111. Pilot program on interior repatriation.
Sec. 112. Pilot program on use of closed military bases for the
detention of inadmissible or deportable aliens.
Sec. 113. Pilot program to collect records of departing passengers.
Subtitle C--Interior Enforcement
Sec. 121. Increase in personnel for interior enforcement.
Sec. 122. Acceptance of state services to carry out deportation
functions.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of Assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B--Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents and for
preparing immigration documents without authorization.
[[Page 526]]
Sec. 214. New criminal penalties for failure to disclose role as
preparer of false application for asylum and for
preparing certain post-conviction applications.
Sec. 215. Criminal penalty for knowingly presenting document which
fails to contain reasonable basis in law or fact.
Sec. 216. Criminal penalties for false claim to citizenship.
Subtitle C--Asset Forfeiture for Passport and Visa Offenses
Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible
arriving aliens; referral for hearing (revised section
235).
Sec. 303. Apprehension and detention of aliens not lawfully in the
United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment
of status; voluntary departure (revised and new sections
239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section
241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions;
additional conforming amendments.
Sec. 309. Effective dates; transition.
Subtitle B--Removal of Alien Terrorists
Part 1--Removal Procedures for Alien Terrorists
Sec. 321. Removal procedures for alien terrorists.
Sec. 322. Funding for detention and removal of alien terrorists.
Part 2--Inadmissibility and Denial of Relief for Alien Terrorists
Sec. 331. Membership in terrorist organization as ground of
inadmissibility.
Sec. 332. Denial of relief for alien terrorists.
Subtitle C--Deterring Transportation of Unlawful Aliens to the United
States
Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.
Sec. 343. Provisions relating to contracts with transportation lines.
Subtitle D--Additional Provisions
Sec. 351. Definition of conviction.
Sec. 352. Immigration judges and compensation.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Demonstration project for identification of illegal aliens in
incarceration facility of Anaheim, California.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry,
and passport and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain
section 274C violators.
Sec. 363. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 364. Confidentiality provision for certain alien battered spouses
and children.
Sec. 365. Authority for State and local law enforcement assistance in
deportation.
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Sec. 401. Pilot program for voluntary use of employment eligibility
confirmation process.
Sec. 402. Limiting liability for certain technical violations of
paperwork requirements.
Sec. 403. Paperwork and other changes in the employer sanctions
program.
Sec. 404. Strengthened enforcement of the employer sanctions
provisions.
Sec. 405. Reports on earnings of aliens not authorized to work.
Sec. 406. Authorizing maintenance of certain information on aliens.
Sec. 407. Unfair immigration-related employment practices.
TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM
Subtitle A--Refugees
Sec. 501. Persecution for resistance to coercive population control
methods.
Subtitle B--Asylum Reform
Sec. 511. Asylum reform.
Sec. 512. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 513. Increase in asylum officers.
TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 600. Statements of national policy concerning welfare and
immigration.
Subtitle A--Eligibility of Illegal Aliens for Public Benefits
Part 1--Public Benefits Generally
Sec. 601. Making illegal aliens ineligible for public assistance,
contracts, and licenses.
Sec. 602. Making unauthorized aliens ineligible for unemployment
benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services
exception.
Sec. 605. Report on disqualification of illegal aliens from housing
assistance programs.
Sec. 606. Verification of student eligibility for postsecondary Federal
student financial assistance.
Sec. 607. Payment of public assistance benefits.
Sec. 608. Definitions.
Sec. 609. Regulations and effective dates.
Part 2--Housing Assistance
Sec. 611. Actions in cases of termination of financial assistance.
Sec. 612. Verification of immigration status and eligibility for
financial assistance.
Sec. 613. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 614. Regulations.
Part 3--Public Education Benefits
Sec. 616. Authorizing States to deny public education benefits to
aliens not lawfully present in the United States.
Subtitle B--Expansion of Disqualification From Immigration Benefits on
the Basis of Public Charge
Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.
Subtitle C--Attribution of Income and Affidavits of Support
Sec. 631. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 632. Requirements for sponsor's affidavit of support.
Sec. 633. Cosignature of alien student loans.
Sec. 634. Statutory construction.
TITLE VII--FACILITATION OF LEGAL ENTRY
Sec. 701. Additional land border inspectors; infrastructure
improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent
documents.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--Amendments to the Immigration and Nationality Act
Sec. 801. Nonimmigrant status for spouses and children of members of
the Armed Services.
Sec. 802. Amended definition of aggravated felony.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application
for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H-1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not
lawfully present in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Change of nonimmigrant classification.
Sec. 811. Certification requirements for foreign health-care workers.
Sec. 812. Computation of targeted assistance.
Subtitle B--Other Provisions
Sec. 831. Commission report on fraud associated with birth
certificates.
Sec. 832. Uniform vital statistics.
Sec. 833. Communication between State and local government agencies,
and the Immigration and Naturalization Service.
Sec. 834. Regulations regarding habitual residence.
Sec. 835. Female genital mutilation.
Sec. 836. Designation of Portugal as a visa waiver pilot program
country with probationary status.
Sec. 837. Adjustment of status for certain Polish and Hungarian
parolees.
Sec. 838. Support of demonstration projects.
Sec. 839. Treatment of certain aliens who served with special guerrilla
units in Laos.
Sec. 840. Sense of the Congress regarding the mission of the
Immigration and Naturalization Service.
[[Page 527]]
Sec. 841. Authorization of reimbursement of certain Polish applicants
for the 1995 diversity immigrant program.
Sec. 842. Sense of Congress; requirements regarding notice.
Sec. 843. Sense of the Congress with respect to State criminal alien
assistance program.
Subtitle C--Technical Corrections
Sec. 851. Miscellaneous technical corrections.
TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER
ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Positions.--The
number of border patrol agents shall be increased, for each
fiscal year beginning with the fiscal year 1996 and ending
with the fiscal year 2000, by 1,000 full-time equivalent
positions above the number of equivalent positions as of
September 30, 1994.
(b) Increase in Support Personnel.--The number of full-time
support positions for personnel in support of border
enforcement, investigation, detention and deportation,
intelligence, information and records, legal proceedings, and
management and administration in the Immigration and
Naturalization Service shall be increased, beginning with
fiscal year 1996, by 800 positions above the number of
equivalent positions as of September 30, 1994.
(c) Deployment of New Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
the border patrol agents hired pursuant to subsection (a)
shall--
(1) be deployed among the various Immigration and
Naturalization Service sectors in proportion to the level of
illegal crossing of the borders of the United States measured
in each sector during the preceding fiscal year and
reasonably anticipated in the next fiscal year, and
(2) be actively engaged in law enforcement activities
related to such illegal crossings.
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of the Immigration and Naturalization
Service, shall take such actions as may be necessary to
install additional physical barriers and roads (including the
removal of obstacles to detection of illegal entrants) in the
vicinity of the United States border to deter illegal
crossings in areas of high illegal entry into the United
States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a), the
Attorney General shall provide for the construction along the
14 miles of the international land border of the United
States, starting at the Pacific Ocean and extending eastward,
of second and third fences, in addition to the existing
reinforced fence, and for roads between the fences.
(2) Prompt acquisition of necessary easements.--The
Attorney General shall promptly acquire such easements as may
be necessary to carry out this subsection and shall commence
construction of fences immediately following such acquisition
(or conclusion of portions thereof).
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 are waived to the extent the Attorney General
determines necessary to assure expeditious construction of
the barriers and roads under this section.
(d) Forward Deployment.--
(1) In general.--The Attorney General shall forward deploy
existing border patrol agents in those areas of the border
identified as areas of high illegal entry into the United
States in order to provide a uniform and visible deterrent to
illegal entry on a continuing basis. The previous sentence
shall not apply to border patrol agents located at
checkpoints.
(2) Report.--By not later than 6 months after the date of
the enactment of this Act, the Attorney General shall submit
to the appropriate committees of Congress a report on the
progress and effectiveness of such forward deployments.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and utilize,
for the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night
vision scopes, and sensor units) determined available for
transfer by any other agency of the Federal Government upon
request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such
regulations shall provide that (A) each such document include
a biometric identifier (such as the fingerprint or handprint
of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not
permitted to cross over the border into the United States
unless the biometric identifier contained on the card matches
the appropriate biometric characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause (A) of the sentence added by the amendment made
by subsection (a) shall apply to documents issued on or after
18 months after the date of the enactment of this Act.
(2) Clause (B) of such sentence shall apply to cards
presented on or after 3 years after the date of the enactment
of this Act.
(c) Report.--Not later than one year after the
implementation of clause (A) of the sentence added by the
amendment made by subsection (a) the Attorney General shall
submit to Congress a report on the impact of such clause on
border crossing activities.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of--
``(1) at least $50 and not more than $250 for each such
entry (or attempted entry), or
``(2) twice the amount specified in paragraph (1) in the
case of an alien who has been previously subject to a civil
penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that
may be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE
UNITED STATES UNLAWFULLY.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary to provide for detention and prosecution of each
alien who commits an act that constitutes a violation of
section 275(a) of the Immigration and Nationality Act if the
alien has committed such an act on two previous occasions.
Funds appropriated pursuant to this subsection are authorized
to remain available until expended.
(b) Sense of Congress.--It is the sense of Congress that
the Attorney General should use available resources to assure
detention and prosecution of aliens in the cases described in
subsection (a).
SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) Requirement.--Section 103 (8 U.S.C. 1103) is amended by
adding at the end the following new subsection:
``(e)(1) The Attorney General shall continue to provide for
such programs (including intensive language training
programs) of inservice training for full-time and part-time
personnel of the Border Patrol in contact with the public as
will familiarize the personnel with the rights and varied
cultural backgrounds of aliens and citizens in order to
ensure and safeguard the constitutional and civil rights,
personal safety, and human dignity of all individuals, aliens
as well as citizens, within the jurisdiction of the United
States with whom such personnel have contact in their work.
``(2) The Attorney General shall provide that the annual
report of the Service include a description of steps taken to
carry out paragraph (1).''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary for fiscal year 1996 to carry out the inservice
training described in section 103(e)(1) of the Immigration
and Nationality Act. The funds appropriated pursuant to this
subsection are authorized to remain available until expended.
SEC. 108. REPORT.
The Attorney General, in consultation with the Secretary of
State and the Secretary of Defense, shall contract with the
Comptroller General to track, monitor, and evaluate the
Administration's border strategy to deter illegal entry, more
commonly referred to as prevention through deterrence. To
determine the efficacy of the Administration's strategy and
related efforts, the Comptroller General shall submit to
Congress a report of its findings within one year after the
date of the enactment of this Act and, for every year
thereafter, up to and including fiscal year 2000. Such a
report shall include a collection and systematic analysis of
data, including workload indicators, related to activities to
deter illegal entry. Such a report shall also include
recommendations to improve and increase border security at
both the border and ports-of-entry.
Subtitle B--Pilot Programs
SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.
(a) Establishment.--Not later than 120 days after the date
of the enactment of this Act, the Attorney General, after
consultation with the Secretary of State, shall establish a
pilot program for up to 2 years which provides for methods to
deter multiple illegal entries by aliens into the United
States. The pilot program may include the development and use
of interior repatriation, third country repatriation, and
other disincentives
[[Page 528]]
for multiple illegal entries into the United States.
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Attorney General, together with
the Secretary of State, shall submit a report to the
Committees on the Judiciary of the House of Representatives
and of the Senate on the operation of the pilot program under
this section and whether the pilot program or any part
thereof should be extended or made permanent.
SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR
THE DETENTION OF INADMISSIBLE OR DEPORTABLE
ALIENS.
(a) Establishment.--The Attorney General and the Secretary
of Defense shall establish one or more pilot programs for up
to 2 years each to determine the feasibility of the use of
military bases available because of actions under a base
closure law as detention centers by the Immigration and
Naturalization Service. In selecting real property at a
military base for use as a detention center under the pilot
program, the Attorney General and the Secretary shall consult
with the redevelopment authority established for the military
base and give substantial deference to the redevelopment plan
prepared for the military base.
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Attorney General, together with
the Secretary of State, shall submit a report to the
Committees on the Judiciary of the House of Representatives
and of the Senate, and the Committees on Armed Services of
the House of Representatives and of the Senate, on the
feasibility of using military bases closed under a base
closure law as detention centers by the Immigration and
Naturalization Service.
(c) Definition.--For purposes of this section, the term
``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the
enactment of this Act.
SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING
PASSENGERS.
(a) Establishment.--The Commissioner of the Immigration and
Naturalization Service shall, within 180 days after the date
of the enactment of this Act, establish a pilot program in
which officers of the Service collect a record of departure
for every alien departing the United States and match the
records of departure with the record of the alien's arrival
in the United States. The program shall be operated in as
many air ports of entry as is deemed appropriate, but at no
less than 3 of the 5 air ports of entry with the heaviest
volume of incoming traffic from foreign territories.
(b) Report.--
(1) Deadline.--The Commissioner shall submit a report to
Congress not later than 2 years after the date the pilot
program is implemented under subsection (a).
(2) Information.--The report shall include the following
information for each participating port of entry:
(A) The number of departure records collected, with an
accounting by country of nationality of the departing alien.
(B) The number of departure records that were successfully
matched to records of the alien's prior arrival in the United
States, with an accounting by the alien's country of
nationality and by the alien's classification as an immigrant
or nonimmigrant.
(C) The number of aliens who arrived at the port of entry
as nonimmigrants, or as a visitor under the visa waiver
program under section 217 of the Immigration and Nationality
Act, for whom no matching departure record has been obtained
through the pilot program or through other means, with an
accounting by the alien's country of nationality and date of
arrival in the United States.
(D) The estimated cost of establishing a national system to
verify the departure from the United States of aliens
admitted temporarily as nonimmigrants.
(3) Recommendations.--The report also shall include
specific recommendations for implementation of the pilot
program on a permanent basis.
(c) Use of Information on Visa Overstays.--Information on
instances of visa overstay identified through the pilot
program shall be integrated into appropriate data bases of
the Immigration and Naturalization Service and the Department
of State, including those used at ports of entry and at
consular offices.
Subtitle C--Interior Enforcement
SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of
investigators and enforcement personnel of the Immigration
and Naturalization Service who are deployed in the interior
so that the number of such personnel is adequate properly to
investigate violations of, and to enforce, immigration laws.
SEC. 122. ACCEPTANCE OF STATE SERVICES TO CARRY OUT
DEPORTATION FUNCTIONS.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States, Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State
or subdivision, who is determined by the Attorney General to
be qualified to perform a function of an immigration officer,
or any other officer of the Department of Justice, under this
Act in relation to deportation of aliens in the United States
(including investigation, apprehension, detention,
presentation of evidence on behalf of the United States in
administrative proceedings to determine the deportability of
any alien, conduct of such proceedings, or removal of aliens
with respect to whom a final order of deportation has been
rendered) may carry out such function at the expense of the
State or political subdivision and to the extent consistent
with State and local law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of
a State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of
the Attorney General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in
a written agreement between the Attorney General and the
State or subdivision.
``(5) With respect to each officer or employee of a State
or political subdivision who is authorized to perform a
function under this subsection, the specific powers and
duties that may be, or are required to be, exercised or
performed by the individual, the duration of the authority of
the individual, and the position of the agent of the Attorney
General who is required to supervise and direct the
individual, shall be set forth in a written agreement between
the Attorney General and the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be
treated as a Federal employee for any purpose other than for
purposes of chapter 81 of title 5, United States Code,
(relating to compensation for injury) and sections 2671
through 2680 of title 28, United States Code, (relating to
tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
a suspicion that a particular alien is not lawfully present
in the United States; or
``(B) otherwise to cooperate with the Attorney General in
the identification, apprehension, detention, or removal of
aliens not lawfully present in the United States.''.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING
INVESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (n),
(2) by redesignating paragraph (o) as paragraph (p), and
(3) by inserting after paragraph (n) the following new
paragraph:
``(o)(1) a felony violation of section 1028 (relating to
production of false identification documentation), section
1541 (relating to passport issuance without authority),
section 1542 (relating to false statements in passport
applications), section 1543 (relating to forgery or false use
of passport), section 1544 (relating to misuse of passport),
section 1546 (relating to fraud or misuse of visas, permits,
or other documents) of this title; or
``(2) a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (relating to the smuggling of
aliens); or''.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.
Section 1961(1) of title 18, United States Code, is
amended--
(1) by inserting ``section 1028 (relating to fraud and
related activity in connection with identification
documents),'' before ``section 1029'';
[[Page 529]]
(2) by inserting ``section 1542 (relating to false
statement in application and use of passport), section 1543
(relating to forgery or false use of passport), section 1544
(relating to misuse of passport), section 1546 (relating to
fraud and misuse of visas, permits, and other documents),
sections 1581-1588 (relating to peonage and slavery),'' after
``section 1513 (relating to retaliating against a witness,
victim, or an informant),'';
(3) by striking ``or'' before ``(E)''; and
(4) by inserting before the period at the end the
following: ``, or (F) any act which is indictable under the
Immigration and Nationality Act, section 274 (relating to
bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation of
alien for immoral purpose)''.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is
amended--
(1) in subparagraph (B)(i), by inserting ``or in the case
of a violation of subparagraph (A)(ii), (iii), or (iv) in
which the offense was done for the purpose of commercial
advantage or private financial gain'' after ``subparagraph
(A)(i)'', and
(2) by adding at the end the following new subparagraph:
``(C) Any person who engages in any conspiracy to commit,
or aids or abets the commission of, any of the acts described
in--
``(i) subparagraph (A)(i) shall be fined under title 18,
United States Code, imprisoned not more than 10 years, or
both; or
``(ii) clause (ii), (iii), or (iv) of subparagraph (A)
shall be fined under title 18, United States Code, imprisoned
not more than 5 years, or both.''.
(b) Smuggling of Aliens Who Will Commit Crimes.--Section
274(a)(2) (8 U.S.C. 1324(a)(2)) is amended--
(1) in subparagraph (B)--
(A) by striking ``or'' at the end of clause (ii),
(B) by adding ``or'' at the end of clause (iii), and
(C) by inserting after clause (iii) the following:
``(iv) an offense committed with the intent or with reason
to believe that the alien unlawfully brought into the United
States will commit an offense against the United States or
any State punishable by imprisonment for more than 1 year,'';
and
(2) by striking ``be fined'' and all that follows through
the final period at the end and inserting the following: ``be
fined under title 18, United States Code, and shall be
imprisoned not less than 3 years or more than 10 years.''.
(c) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by
striking ``for each transaction constituting a violation of
this paragraph, regardless of the number of aliens involved''
and inserting ``for each alien in respect to whom a violation
of this paragraph occurs''.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES
ATTORNEYS.
(a) In General.--The number of Assistant United States
Attorneys employed by the Department of Justice for the
fiscal year 1997 shall be increased by 25 above the number of
Assistant United States Attorneys that were authorized to be
employed as of September 30, 1996.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall
prosecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used for
leasing space within the United States and the territories
and possessions of the United States without regard to the
following provisions of law:
``(A) section 3679(a) of the Revised Statutes (31 U.S.C.
1341),
``(B) section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)),
``(C) section 305 of the Act of June 30, 1949 (63 Stat.
396; 41 U.S.C. 255),
``(D) the third undesignated paragraph under the heading
`Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40
U.S.C. 34),
``(E) section 3648 of the Revised Statutes (31 U.S.C.
3324),
``(F) section 3741 of the Revised Statutes (41 U.S.C. 22),
and
``(G) subsections (a) and (c) of section 304 of the Federal
Property and Administrative Services Act of 1949 (63 Stat.
395; 41 U.S.C. 254 (a) and (c));
``(2) sums appropriated for the Service may be used to
establish or to acquire proprietary corporations or business
entities as part of an undercover operation, and to operate
such corporations or business entities on a commercial basis,
without regard to the provisions of section 304 of the
Government Corporation Control Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the proceeds
from the undercover operation, may be deposited in banks or
other financial institutions without regard to the provisions
of section 648 of title 18, United States Code, and of
section 3639 of the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation may be
used to offset necessary and reasonable expenses incurred in
such operation without regard to the provisions of section
3617 of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1), (2), (3), or (4) is
necessary for the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the
conduct of the operation, the proceeds or the balance of the
proceeds remaining at the time shall be deposited into the
Treasury of the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph
(2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Service,
as much in advance as the Commissioner or Commissioner's
designee determines practicable, shall report the
circumstances to the Attorney General, the Director of the
Office of Management and Budget, and the Comptroller General.
The proceeds of the liquidation, sale, or other disposition,
after obligations are met, shall be deposited in the Treasury
of the United States as miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a
quarterly basis and shall report the results of the audits in
writing to the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle B--Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Fraud and Misuse of Government-Issued Identification
Documents.--Section 1028(b) of title 18, United States Code,
is amended--
(1) in paragraph (1), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(1)'' and by striking
``five years'' and inserting ``15 years'';
(2) in paragraph (2), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(2)'' and by striking
``and'' at the end;
(3) by redesignating paragraph (3) as paragraph (5); and
(4) by inserting after paragraph (2) the following new
paragraphs:
``(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed to
facilitate a drug trafficking crime (as defined in section
929(a)(2) of this title);
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed to
facilitate an act of international terrorism (as defined in
section 2331(1) of this title); and''.
(b) Changes to the Sentencing Levels.--Pursuant to section
944 of title 28, United States Code, and section 21 of the
Sentencing Act of 1987, the United States Sentencing
Commission shall promulgate guidelines, or amend existing
guidelines, relating to defendants convicted of violating, or
conspiring to violate, sections 1546(a) and 1028(a) of title
18, United States Code. The basic offense level under section
2L2.1 of the United States Sentencing Guidelines shall be
increased to--
(1) not less than offense level 15 if the offense involves
100 or more documents;
(2) not less than offense level 20 if the offense involves
1,000 or more documents, or if the documents were used to
facilitate any other criminal activity described in section
212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such
Act; and
(3) not less than offense level 25 if the offense
involves--
(A) the provision of documents to a person known or
suspected of engaging in a terrorist activity (as such terms
are defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B));
(B) the provision of documents to facilitate a terrorist
activity or to assist a person to engage in terrorist
activity (as such terms are defined in section 212(a)(3)(B)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)); or
(C) the provision of documents to persons involved in
racketeering enterprises (described in section 1952(a) of
title 18, United States Code).
SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
1324c(a)) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, or''; and
(3) by adding at the end the following:
``(5) in reckless disregard of the fact that the
information is false or does not relate to the applicant, to
prepare, to file, or to assist
[[Page 530]]
another in preparing or filing, documents which are falsely
made for the purpose of satisfying a requirement of this Act.
For purposes of this section, the term `falsely made'
includes, with respect to a document or application, the
preparation or provision of the document or application with
knowledge or in reckless disregard of the fact that such
document contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in law
or fact, or otherwise fails to state a material fact
pertaining to the document or application.''.
(b) Conforming Amendments for Civil Penalties.--Section
274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended by striking
``each document used, accepted, or created and each instance
of use, acceptance, or creation'' both places it appears and
inserting ``each instance of a violation under subsection
(a)''.
(c) Effective Dates.--(1) The amendments made by subsection
(a) shall apply to the preparation or filing of documents,
and assistance in such preparation or filing, occurring on or
after the date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply to
violations occurring on or after the date of the enactment of
this Act.
SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS
AND FOR PREPARING IMMIGRATION DOCUMENTS WITHOUT
AUTHORIZATION.
(a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as
amended by section 212(a), is further amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a comma;
(3) by inserting after paragraph (5) the following new
paragraphs:
``(6) to present before boarding a common carrier for the
purpose of coming to the United States a document which
relates to the alien's eligibility to enter the United States
and to fail to present such document to an immigration
officer upon arrival at a United States port of entry, or
``(7) to prepare or assist in the preparation and
submission of immigration forms, petitions, and applications
if the person or entity is not authorized to represent
aliens, or to prepare or assist in the preparation and
submission of such forms, petitions, and applications
pursuant to regulations promulgated by the Attorney
General.''; and
(4) by adding at the end the following:
``The Attorney General may, in the discretion of the Attorney
General, waive the penalties of this section with respect to
an alien who knowingly violates paragraph (6) if the alien is
granted asylum under section 208 or withholding of
deportation under section 243(h).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to individuals who board a common carrier on or
after 30 days after the date of the enactment of this Act.
SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE
AS PREPARER OF FALSE APPLICATION FOR ASYLUM AND
FOR PREPARING CERTAIN POST-CONVICTION
APPLICATIONS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the
end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as
Document Preparer.--
``(1) If a person is required by law or regulation to
disclose the fact that the person, on behalf of another
person and for a fee or other remuneration, has prepared or
assisted in preparing an application for asylum pursuant to
section 208, or the regulations promulgated thereunder, and
the person knowingly and willfully fails to disclose,
conceals, or covers up such fact, and the application was
falsely made, the person shall--
``(A) be imprisoned for not less than 2 nor more than 5
years, fined in accordance with title 18, United States Code,
or both, and
``(B) be prohibited from preparing or assisting in
preparing, regardless of whether for a fee or other
remuneration, any other such application for a period of at
least 5 years and not more than 15 years.
``(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists in
preparing an application for asylum pursuant to section 208,
or the regulations promulgated thereunder, regardless of
whether for a fee or other remuneration, in violation of
paragraph (1)(B) shall be imprisoned for not less than 5
years or more than 15 years, fined in accordance with title
18, United States Code, or both, and prohibited from
preparing or assisting in preparing any other such
application.''.
SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT
WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.
The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ``containing any such
false statement'' and inserting ``which contains any such
false statement or which fails to contain any reasonable
basis in law or fact''.
SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of paragraph (d) and
inserting ``; or'', and
(2) by inserting after paragraph (d) the following:
``(e) Whoever knowingly makes any false statement or claim
that he is, or at any time has been, a citizen or national of
the United States, with the intent to obtain on behalf of
himself, or any other person, any Federal benefit or service,
or to engage unlawfully in employment in the United States;
or
``(f) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to
register to vote or to vote in any Federal, State, or local
election (including an initiative, recall, or referen-
dum)--''.
Subtitle C--Asset Forfeiture for Passport and Visa Offenses
SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
OFFENSES.
Section 982 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after paragraph (5) the
following new paragraph:
``(6) The court, in imposing sentence on a person convicted
of a violation of, or conspiracy to violate, section 1541,
1542, 1543, 1544, or 1546 of this title, or a violation of,
or conspiracy to violate, section 1028 of this title if
committed in connection with passport or visa issuance or
use, shall order that the person forfeit to the United States
any property, real or personal, which the person used, or
intended to be used, in committing, or facilitating the
commission of, the violation, and any property constituting,
or derived from, or traceable to, any proceeds the person
obtained, directly or indirectly, as a result of such
violation.'', and
(2) in subsection (b)(1)(B), by inserting ``or (a)(6)''
after ``(a)(2)''.
SEC. 222. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is amended
by inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before
``1956''.
SEC. 223. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on
the first day of the first month that begins more than 90
days after the date of the enactment of this Act.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.
This subtitle amends the provisions of the Immigration and
Nationality Act relating to procedures for inspection,
exclusion, and deportation of aliens so as to provide for the
following:
(1) Expedited removal for undocumented aliens.--Aliens
arriving without valid documents are subject to an expedited
removal process, without an evidentiary hearing and subject
to strictly limited judicial review.
(2) No reward for illegal entrants or visa overstayers.--
Aliens who enter illegally or who overstay the period of
authorized admission will have a greater burden of proof in
removal proceedings and will face tougher standards for most
discretionary immigration benefits, such as suspension of
removal and work authorization.
(3) Stricter standards to assure detention of aliens.--
There are more stringent standards for the release of aliens
(particularly aliens convicted of aggravated felonies) during
and after removal proceedings.
(4) Simplified, single removal proceeding (in place of
separate exclusion and deportation proceedings).--The
procedures for exclusion and deportation are consolidated
into a simpler, single procedure for removal of inadmissible
and deportable aliens.
(5) Streamlined judicial review.--Judicial review is
streamlined through removing a layer of review in exclusion
cases, shortening the time period to file for review, and
permitting the removal of inadmissible aliens pending the
review.
(6) Increased penalties to assure removal and prevent
further reentry.--Aliens who are ordered removed are subject
to civil money penalties for failure to depart on time and if
they seek reentry they are subject to immediate removal under
the prior order.
(7) Protection of applicants for asylum.--Throughout the
process, the procedures protect those aliens who present
credible claims for asylum by giving them an opportunity for
a full hearing on their claims.
(8) Reorganization.--The provisions of the Act are
reorganized to provide a more logical progression from
arrival and inspection through proceedings and removal.
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES
WITHOUT AUTHORIZATION AS NOT ADMITTED.
(a) ``Admission'' Defined.--Paragraph (13) of section
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
``(13)(A) The terms `admission' and `admitted' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
``(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not
be considered to have been admitted.
``(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an
admission into the United States for purposes of the
immigration laws unless the alien--
``(i) has abandoned or relinquished that status,
``(ii) has engaged in illegal activity after having
departed the United States,
``(iii) has departed from the United States while under
legal process seeking removal of the alien from the United
States, including removal proceedings under this Act and
extradition proceedings,
[[Page 531]]
``(iv) has been convicted of an aggravated felony, unless
since such conviction the alien has been granted relief under
section 240A(a), or
``(v) is attempting to enter at a time or place other than
as designated by immigration officers or has not been
admitted to the United States after inspection and
authorization by an immigration officer.''.
(b) Inadmissibility of Aliens Present Without Admission or
Parole.--
(1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is
amended by redesignating paragraph (9) as paragraph (10) and
by inserting after paragraph (8) the following new paragraph:
``(9) Present without admission or parole.--
``(A) In general.--An alien present in the United States
without being admitted or paroled, or who arrives in the
United States at any time or place other than as designated
by the Attorney General, is inadmissible.
``(B) Exception for certain battered women and children.--
Subparagraph (A) shall not apply to an alien who can
demonstrate that--
``(i) the alien qualifies for immigrant status under
subparagraphs (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1),
``(ii)(I) the alien has been battered or subject to extreme
cruelty by a spouse or parent, or by a member of the spouse's
or parent's family residing in the same household as the
alien and the spouse or parent consented or acquiesced to
such battery or cruelty, or (II) the alien's child has been
battered or subject to extreme cruelty by a spouse or parent
of the alien (without the active participation of the alien
in the battery or extreme cruelty) or by a member of the
spouse's or parent's family residing in the same household as
the alien when the spouse or parent consented to or
acquiesced in such battery or cruelty and the alien did not
actively participate in such battery or cruelty, and
``(iii) there was a substantial connection between the
battery or cruelty described in subclause (I) or (II) and the
alien's unlawful entry into the United States.''.
(2) Transition for battered spouse or child provision.--The
requirements of clauses (ii) and (iii) of section
212(a)(9)(B) of the Immigration and Nationality Act, as
inserted by paragraph (1), shall not apply to an alien who
demonstrates that the alien first arrived in the United
States before the title III-A effective date (described in
section 309(a)).
(c) Revision to Ground of Inadmissibility for Illegal
Entrants and Immigration Violators.--Subparagraphs (A) and
(B) of section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to
read as follows:
``(A) Aliens previously removed.--
``(i) Arriving aliens.--Any alien who has been ordered
removed under section 235(b)(1) or at the end of proceedings
under section 240 initiated upon the alien's arrival in the
United States and who again seeks admission within 5 years of
the date of such removal is inadmissible.
``(ii) Other aliens.--Any alien not described in clause (i)
who has been ordered removed under section 240 or any other
provision of law and who again seeks admission within 10
years of the date of such removal (or at any time in the case
of an alien convicted of an aggravated felony) is
inadmissible.
``(iii) Aliens who had the intent to illegally enter.--Any
alien who had the intent to illegally enter the United States
and who has been ordered removed under section 235(b)(1) or
at the end of proceedings under section 240 initiated upon
the alien's arrival in the United States and who again seeks
admission is inadmissible.
``(iv) Other aliens who had the intent to illegally
enter.--Any alien not described in clause (i) who had the
intent to illegally enter the United States and who has been
ordered removed under section 240 or any other provision of
law and who again seeks admission is inadmissible.
``(v) Exception.--Clauses (i) through (iv) shall not apply
to an alien seeking admission within a period if, prior to
the alien's reembarkation at a place outside the United
States or attempt to be admitted from foreign contiguous
territory, the Attorney General has consented to the alien's
reapplying for admission.
``(B) Aliens present unlawfully for more than 1 year.--
``(i) In general.--Any alien who was unlawfully present in
the United States for an aggregate period totaling 1 year is
inadmissible unless the alien has remained outside the United
States for a period of 10 years.
``(ii) Exceptions.--
``(I) Minors.--No period of time in which an alien is under
18 years of age shall be taken into account in determining
the period of unlawful presence in the United States under
clause (i).
``(II) Asylees.--No period of time in which an alien has a
bona fide application for asylum pending under section 208
shall be taken into account in determining the period of
unlawful presence in the United States under clause (i).
``(III) Aliens with work authorization.--No period of time
in which an alien is provided authorization to engage in
employment in the United States (including such an
authorization under section 244A(a)(1)(B)), or in which the
alien is the spouse of such an alien, shall be taken into
account in determining the period of unlawful presence in the
United States under clause (i).
``(IV) Family unity.--No period of time in which the alien
is a beneficiary of family unity protection pursuant to
section 301 of the Immigration Act of 1990 shall be taken
into account in determining the period of unlawful presence
in the United States under clause (i).
``(V) Battered women and children.--Clause (i) shall not
apply to an alien who would be described in paragraph (9)(B)
if `violation of the terms of the alien's nonimmigrant visa'
were substituted for `unlawful entry into the United States'
in clause (iii) of that paragraph.
``(iii) Extension.--The Attorney General may extend the
period of 1 year under clause (i) to a period of 15 months in
the case of an alien who applies to the Attorney General
(before the alien has been present unlawfully in the United
States for a period totaling 1 year) and establishes to the
satisfaction of the Attorney General that--
``(I) the alien is not inadmissible under clause (i) at the
time of the application, and
``(II) the failure to extend such period would constitute
an extreme hardship for the alien.
``(iv) Waiver.--In the case of an alien who is the spouse,
parent, or child of a United States citizen or the spouse or
child of a permanent resident alien, the Attorney General may
waive clause (i) for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.
``(v) National interest waiver.--The Attorney General may
waive clause (i) if the Attorney General determines that such
a waiver is necessary to substantially benefit--
``(I) the national security, national defense, or Federal,
State, or local law enforcement;
``(II) health care, housing, or educational opportunities
for an indigent or low-income population or in an underserved
geographical area;
``(III) economic or employment opportunities for a specific
industry or specific geographical area;
``(IV) the development of new technologies; or
``(V) environmental protection or the productive use of
natural resources; and
the alien will engage in a specific undertaking to advance
one or more of the interests identified in subclauses (I)
through (V).''.
(d) Waiver of Misrepresentation Ground of Inadmissibility
for Certain Aliens.--Subsection (i) of section 212 (8 U.S.C.
1182) is amended to read as follows:
``(i) The Attorney General may, in the discretion of the
Attorney General, waive the application of clause (i) of
subsection (a)(6)(C)--
``(1) in the case of an immigrant who is the spouse, son,
or daughter of a United States citizen; or
``(2) in the case of an immigrant who is the spouse or son
or daughter of an alien lawfully admitted for permanent
residence, if it is established to the satisfaction of the
Attorney General that the refusal of admission to the United
States of such immigrant alien would result in extreme
hardship to the lawfully resident spouse or parent of such an
alien.''.
(e) Prohibition on Issuance of Visas for Former Citizens
Who Renounced Citizenship to Avoid United States Taxation.--
Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by
subsection (b)(1), is amended by adding at the end the
following:
``(D) Former citizens who renounced citizenship to avoid
taxation.--Any alien who is a former citizen of the United
States who officially renounced United States citizenship and
who is determined by the Attorney General to have renounced
United States citizenship for the purpose of avoiding
taxation by the United States is excludable.''.
(f) Proof of Vaccination Requirement for Immigrants.--
(1) In general.--Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended--
(A) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively, and
(B) by inserting after clause (i) the following new clause:
``(ii) who seeks admission as an immigrant, or who seeks
adjustment of status to the status of an alien lawfully
admitted for permanent residence, and who has failed to
present documentation of having received vaccination against
vaccine-preventable diseases, which shall include at least
the following diseases: mumps, measles, rubella, polio,
tetanus and diphtheria toxoids, pertussis, influenza type B
and hepatitis B, and any other vaccinations against vaccine-
preventable diseases recommended by the Advisory Committee
for Immunization Practices,''.
(2) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended
by striking ``, or'' at the end of paragraph (1) and all that
follows and inserting a semicolon and the following:
``in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe;
``(2) subsection (a)(1)(A)(ii) in the case of any alien--
``(A) who receives vaccination against the vaccine-
preventable disease or diseases for which the alien has
failed to present documentation of previous vaccination, or
``(B) for whom a civil surgeon, medical officer, or panel
physician (as those terms are defined by section 34.2 of
title 42 of the Code of Federal Regulations) certifies,
according to such regulations as the Secretary of Health and
Human Services may prescribe,
[[Page 532]]
that such vaccination would not be medically appropriate; or
``(3) subsection (a)(1)(A)(iii) in the case of any alien,
in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to applications for immigrant visas
or for adjustment of status filed after September 30, 1996.
(g) Adjustment in Grounds for Deportation.--Section 241 (8
U.S.C. 1251), before redesignation as section 237 by section
305(a)(2), is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``in the United States'' and inserting ``in and
admitted to the United States'';
(2) in subsection (a)(1), by striking ``Excludable'' each
place it appears and inserting ``Inadmissible'';
(3) in subsection (a)(1)(A), by striking ``excludable'' and
inserting ``inadmissible''; and
(4) by amending subparagraph (B) of subsection (a)(1) to
read as follows:
``(B) Present in violation of law.--Any alien who is
present in the United States in violation of this Act or any
other law of the United States is deportable.
(h) Waivers for Immigrants Convicted of Crimes.--Section
212(h) (8 U.S.C. 1182(h)) is amended by adding at the end the
following: ``No waiver shall be granted under this subsection
to an immigrant who previously has been admitted to the
United States unless that alien has fulfilled the time in
status and continuous residence requirements of section
212(c). No court shall have jurisdiction to review a decision
of the Attorney General to grant or deny a waiver under this
subsection.''.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF
INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR
HEARING (REVISED SECTION 235).
Section 235 (8 U.S.C. 1225) is amended to read as follows:
``inspection by immigration officers; expedited removal of inadmissible
arriving aliens; referral for hearing
``Sec. 235. (a) Inspection.--
``(1) Aliens treated as applicants for admission.--An alien
present in the United States who has not been admitted, who
arrives in the United States (whether or not at a designated
port of arrival), or who is brought to the United States
after having been interdicted in international or United
States waters shall be deemed for purposes of this Act an
applicant for admission.
``(2) Stowaways.--An arriving alien who is a stowaway is
not eligible to apply for admission or to be admitted and
shall be ordered removed upon inspection by an immigration
officer. Upon such inspection if the alien indicates an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview under subsection (b)(1)(B). A stowaway may apply
for asylum only if the stowaway is found to have a credible
fear of persecution under subsection (b)(1)(B). In no case
may a stowaway be considered an applicant for admission or
eligible for a hearing under section 240.
``(3) Inspection.--All aliens (including alien crewmen) who
are applicants for admission or otherwise seeking admission
or readmission to or transit through the United States shall
be inspected by immigration officers.
``(4) Withdrawal of application for admission.--An alien
applying for admission may, in the discretion of the Attorney
General and at any time, be permitted to withdraw the
application for admission and depart immediately from the
United States.
``(5) Statements.--An applicant for admission may be
required to state under oath any information sought by an
immigration officer regarding the purposes and intentions of
the applicant in seeking admission to the United States,
including the applicant's intended length of stay and whether
the applicant intends to remain permanently or become a
United States citizen, and whether the applicant is
inadmissible.
``(b) Inspection of Applicants for Admission.--
``(1) Inspection of aliens arriving in the united states.--
``(A) Screening.--If the examining immigration officer
determines that an alien arriving in the United States
(whether or not at a port of entry) is inadmissible under
section 212(a)(6)(C) or 212(a)(7) and the alien--
``(i) does not indicate either an intention to apply for
asylum under section 208 or a fear of persecution, the
officer shall order the alien removed from the United States
without further hearing or review; or
``(ii) indicates an intention to apply for asylum under
section 208 or a fear of persecution, the officer shall refer
the alien for an interview by an asylum officer under
subparagraph (B).
``(B) Asylum interviews.--
``(i) Conduct by asylum officers.--An asylum officer shall
promptly conduct interviews of aliens referred under
subparagraph (A)(ii).
``(ii) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution (within the meaning of clause
(v)), the alien shall be detained for further consideration
of the application for asylum.
``(iii) Removal without further review if no credible fear
of persecution.--
``(I) In general.--Subject to subclause (II), if the
officer determines that an alien does not have a credible
fear of persecution, the officer shall order the alien
removed from the United States without further hearing or
review.
``(II) Review of determination by supervisory officer.--The
Attorney General shall promulgate regulations to provide for
the immediate review by a supervisory asylum officer at the
port of entry of a determination under subclause (I).
``(iv) Information about interviews.--The Attorney General
shall provide information concerning the asylum interview
described in this subparagraph to aliens who may be eligible.
An alien who is eligible for such interview may consult with
a person or persons of the alien's choosing prior to the
interview or any review thereof, according to regulations
prescribed by the Attorney General. Such consultation shall
be at no expense to the Government and shall not delay the
process.
``(v) Credible fear of persecution defined.--For purposes
of this subparagraph, the term `credible fear of persecution'
means (I) that it is more probable than not that the
statements made by the alien in support of the alien's claim
are true, and (II) that there is a significant possibility,
in light of such statements and of such other facts as are
known to the officer, that the alien could establish
eligibility for asylum under section 208.
``(C) Limitation on administrative review.--A removal order
entered in accordance with subparagraph (A)(i) or (B)(iii)(I)
is not subject to administrative appeal, except that the
Attorney General shall provide by regulation for prompt
review of such an order under subparagraph (A)(i) against an
alien who claims under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code,
after having been warned of the penalties for falsely making
such claim under such conditions, to have been lawfully
admitted for permanent residence.
``(D) Limit on collateral attacks.--In any action brought
against an alien under section 275(a) or section 276, the
court shall not have jurisdiction to hear any claim attacking
the validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii)(I).
``(E) Asylum officer defined.--As used in this paragraph,
the term `asylum officer' means an immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques, and
``(ii) is supervised by an officer who meets the condition
described in clause (i).
``(2) Inspection of other aliens.--
``(A) In general.--Subject to subparagraph (B), in the case
of an alien who is an applicant for admission, if the
examining immigration officer determines that an alien
seeking admission is not clearly and beyond a doubt entitled
to be admitted, the alien shall be detained for a hearing
under section 240.
``(B) Exception.--Subparagraph (A) shall not apply to an
alien--
``(i) who is a crewman,
``(ii) to whom paragraph (1) applies, or
``(iii) who is a stowaway.
``(3) Challenge of decision.--The decision of the examining
immigration officer, if favorable to the admission of any
alien, shall be subject to challenge by any other immigration
officer and such challenge shall operate to take the alien
whose privilege to be admitted is so challenged, before an
immigration judge for a hearing under section 240.
``(c) Removal of Aliens Inadmissible on Security and
Related Grounds.--
``(1) Removal without further hearing.--If an immigration
officer or an immigration judge suspects that an arriving
alien may be inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3), the officer
or judge shall--
``(A) order the alien removed, subject to review under
paragraph (2);
``(B) report the order of removal to the Attorney General;
and
``(C) not conduct any further inquiry or hearing until
ordered by the Attorney General.
``(2) Review of order.--(A) The Attorney General shall
review orders issued under paragraph (1).
``(B) If the Attorney General--
``(i) is satisfied on the basis of confidential information
that the alien is inadmissible under subparagraph (A) (other
than clause (ii)), (B), or (C) of section 212(a)(3), and
``(ii) after consulting with appropriate security agencies
of the United States Government, concludes that disclosure of
the information would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed without
further inquiry or hearing by an immigration judge.
``(C) If the Attorney General does not order the removal of
the alien under subparagraph (B), the Attorney General shall
specify the further inquiry or hearing that shall be
conducted in the case.
``(3) Submission of statement and information.--The alien
or the alien's representative may submit a written statement
and additional information for consideration by the Attorney
General.
``(d) Authority Relating to Inspections.--
``(1) Authority to search conveyances.--Immigration
officers are authorized to board and search any vessel,
aircraft, railway car,
[[Page 533]]
or other conveyance or vehicle in which they believe aliens
are being brought into the United States.
``(2) Authority to order detention and delivery of arriving
aliens.--Immigration officers are authorized to order an
owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an
alien (except an alien crewmember) to the United States--
``(A) to detain the alien on the vessel or at the airport
of arrival, and
``(B) to deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
``(3) Administration of oath and consideration of
evidence.--The Attorney General and any immigration officer
shall have power to administer oaths and to take and consider
evidence of or from any person touching the privilege of any
alien or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the United
States or concerning any matter which is material and
relevant to the enforcement of this Act and the
administration of the Service.
``(4) Subpoena authority.--(A) The Attorney General and any
immigration officer shall have power to require by subpoena
the attendance and testimony of witnesses before immigration
officers and the production of books, papers, and documents
relating to the privilege of any person to enter, reenter,
reside in, or pass through the United States or concerning
any matter which is material and relevant to the enforcement
of this Act and the administration of the Service, and to
that end may invoke the aid of any court of the United
States.
``(B) Any United States district court within the
jurisdiction of which investigations or inquiries are being
conducted by an immigration officer may, in the event of
neglect or refusal to respond to a subpoena issued under this
paragraph or refusal to testify before an immigration
officer, issue an order requiring such persons to appear
before an immigration officer, produce books, papers, and
documents if demanded, and testify, and any failure to obey
such order of the court may be punished by the court as a
contempt thereof.''.
SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT LAWFULLY
IN THE UNITED STATES (REVISED SECTION 236).
(a) In General.--Section 236 (8 U.S.C. 1226) is amended to
read as follows:
``apprehension and detention of aliens not lawfully in the united
states
``Sec. 236. (a) Arrest, Detention, and Release.--On a
warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien
is to be removed from the United States. Except as provided
in subsection (c) and pending such decision, the Attorney
General--
``(1) may continue to detain the arrested alien; and
``(2) may release the alien on--
``(A) bond of at least $1,500 with security approved by,
and containing conditions prescribed by, the Attorney
General; or
``(B) conditional parole; but
``(3) may not provide the alien with work authorization
(including an `employment authorized' endorsement or other
appropriate work permit), unless the alien is lawfully
admitted for permanent residence or otherwise would (without
regard to removal proceedings) be provided such
authorization.
``(b) Revocation of Bond or Parole.--The Attorney General
at any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original
warrant, and detain the alien.
``(c) Aliens Convicted of Aggravated Felonies.--
``(1) Custody.--The Attorney General shall take into
custody any alien convicted of an aggravated felony when the
alien is released, without regard to whether the alien is
released on parole, supervised release, or probation, and
without regard to whether the alien may be arrested or
imprisoned again for the same offense.
``(2) Release.--The Attorney General may release the alien
only if--
``(A) the alien was lawfully admitted to the United States
and satisfies the Attorney General that the alien will not
pose a danger to the safety of other persons or of property
and is likely to appear for any scheduled proceeding;
``(B) the alien was not lawfully admitted to the United
States, cannot be removed because the designated country of
removal will not accept the alien, and satisfies the Attorney
General that the alien will not pose a danger to the safety
of other persons or of property and is likely to appear for
any scheduled proceeding; or
``(C) the Attorney General decides pursuant to section 3521
of title 18, United States Code, that release of the alien
from custody is necessary to provide protection to a witness,
a potential witness, a person cooperating with an
investigation into major criminal activity, or an immediate
family member or close associate of a witness, potential
witness, or person cooperating with such an investigation.
A decision relating to such release shall take place in
accordance with a procedure that considers the severity of
the offense committed by the alien.
``(d) Identification of Aliens Convicted of Aggravated
Felonies.--(1) The Attorney General shall devise and
implement a system--
``(A) to make available, daily (on a 24-hour basis), to
Federal, State, and local authorities the investigative
resources of the Service to determine whether individuals
arrested by such authorities for aggravated felonies are
aliens;
``(B) to designate and train officers and employees of the
Service to serve as a liaison to Federal, State, and local
law enforcement and correctional agencies and courts with
respect to the arrest, conviction, and release of any alien
charged with an aggravated felony; and
``(C) which uses computer resources to maintain a current
record of aliens who have been convicted of an aggravated
felony and who have been removed.
``(2) The record under paragraph (1)(C) shall be made
available--
``(A) to inspectors at ports of entry and to border patrol
agents at sector headquarters for purposes of immediate
identification of any such previously removed alien seeking
to reenter the United States, and
``(B) to officials of the Department of State for use in
its automated visa lookout system.''.
(b) Increase in INS Detention Facilities.--Subject to the
availability of appropriations, the Attorney General shall
provide for an increase in the detention facilities of the
Immigration and Naturalization Service to at least 9,000 beds
by fiscal year 1997.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND
ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE
(REVISED AND NEW SECTIONS 239 TO 240C).
(a) In General.--Chapter 4 of title II is amended--
(1) by redesignating section 239 (8 U.S.C. 1229) as section
234 and by moving such section to immediately follow section
233;
(2) by redesignating section 240 (8 U.S.C. 1230) as section
240C; and
(3) by inserting after section 238 the following new
sections:
``initiation of removal proceedings
``Sec. 239. (a) Notice to Appear.--
``(1) In general.--In removal proceedings under section
240, written notice (in this section referred to as a `notice
to appear') shall be given in person to the alien (or, if
personal service is not practicable, through service by mail
to the alien or to the alien's counsel of record, if any)
specifying the following:
``(A) The nature of the proceedings against the alien.
``(B) The legal authority under which the proceedings are
conducted.
``(C) The acts or conduct alleged to be in violation of
law.
``(D) The charges against the alien and the statutory
provisions alleged to have been violated.
``(E) The alien may be represented by counsel and the alien
will be provided (i) a period of time to secure counsel under
subsection (b)(1) and (ii) a current list of counsel prepared
under subsection (b)(2).
``(F)(i) The requirement that the alien must immediately
provide (or have provided) the Attorney General with a
written record of an address and telephone number (if any) at
which the alien may be contacted respecting proceedings under
section 240.
``(ii) The requirement that the alien must provide the
Attorney General immediately with a written record of any
change of the alien's address or telephone number.
``(iii) The consequences under section 240(b)(5) of failure
to provide address and telephone information pursuant to this
subparagraph.
``(G)(i) The time and place at which the proceedings will
be held.
``(ii) The consequences under section 240(b)(5) of the
failure, except under exceptional circumstances, to appear at
such proceedings.
``(2) Notice of change in time or place of proceedings.--
``(A) In general.--In removal proceedings under section
240, in the case of any change or postponement in the time
and place of such proceedings, subject to subparagraph (B) a
written notice shall be given in person to the alien (or, if
personal service is not practicable, through service by mail
to the alien or to the alien's counsel of record, if any)
specifying--
``(i) the new time or place of the proceedings, and
``(ii) the consequences under section 240(b)(5) of failing,
except under exceptional circumstances, to attend such
proceedings.
``(B) Exception.--In the case of an alien not in detention,
a written notice shall not be required under this paragraph
if the alien has failed to provide the address required under
paragraph (1)(F).
``(3) Central address files.--The Attorney General shall
create a system to record and preserve on a timely basis
notices of addresses and telephone numbers (and changes)
provided under paragraph (1)(F).
``(b) Securing of Counsel.--
``(1) In general.--In order that an alien be permitted the
opportunity to secure counsel before the first hearing date
in proceedings under section 240, the hearing date shall not
be scheduled earlier than 10 days after the service of the
notice to appear, unless the alien requests in writing an
earlier hearing date.
``(2) Current lists of counsel.--The Attorney General shall
provide for lists (updated not less often than quarterly) of
persons who have indicated their availability to represent
pro bono aliens in proceedings under section 240. Such lists
shall be pro
[[Page 534]]
vided under subsection (a)(1)(E) and otherwise made generally
available.
``(c) Service by Mail.--Service by mail under this section
shall be sufficient if there is proof of attempted delivery
to the last address provided by the alien in accordance with
subsection (a)(1)(F).
``(d) Prompt Initiation of Removal.--(1) In the case of an
alien who is convicted of an offense which makes the alien
deportable, the Attorney General shall begin any removal
proceeding as expeditiously as possible after the date of the
conviction.
``(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
``removal proceedings
``Sec. 240. (a) Proceeding.--
``(1) In general.--An immigration judge shall conduct
proceedings for deciding the inadmissibility or deportability
of an alien.
``(2) Charges.--An alien placed in proceedings under this
section may be charged with any applicable ground of
inadmissibility under section 212(a) or any applicable ground
of deportability under section 237(a).
``(3) Exclusive procedures.--Unless otherwise specified in
this Act, a proceeding under this section shall be the sole
and exclusive procedure for determining whether an alien may
be admitted to the United States or, if the alien has been so
admitted, removed from the United States. Nothing in this
section shall affect proceedings conducted pursuant to
section 238.
``(b) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and any
witnesses. The immigration judge may issue subpoenas for the
attendance of witnesses and presentation of evidence. The
immigration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by civil
money penalty any action (or inaction) in contempt of the
judge's proper exercise of authority under this Act.
``(2) Form of proceeding.--
``(A) In general.--The proceeding may take place--
``(i) in person,
``(ii) through video conference, or
``(iii) subject to subparagraph (B), through telephone
conference.
``(B) Consent required in certain cases.--An evidentiary
hearing on the merits may only be conducted through a
telephone conference with the consent of the alien involved
after the alien has been advised of the right to proceed in
person or through video conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Aliens rights in proceeding.--In proceedings under
this section, under regulations of the Attorney General--
``(A) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of
the alien's choosing who is authorized to practice in such
proceedings,
``(B) the alien shall have a reasonable opportunity to
examine the evidence against the alien, to present evidence
on the alien's own behalf, and to cross-examine witnesses
presented by the Government, and
``(C) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Consequences of failure to appear.--
``(A) In general.--Any alien who, after written notice
required under paragraph (1) or (2) of section 239(a) has
been provided to the alien or the alien's counsel of record,
does not attend a proceeding under this section, shall be
ordered removed in absentia if the Service establishes by
clear, unequivocal, and convincing evidence that the written
notice was so provided and that the alien is removable (as
defined in subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient for purposes
of this subparagraph if provided at the most recent address
provided under section 239(a)(1)(F).
``(B) No notice if failure to provide address
information.--No written notice shall be required under
subparagraph (A) if the alien has failed to provide the
address required under section 239(a)(1)(F).
``(C) Rescission of order.--Such an order may be rescinded
only--
``(i) upon a motion to reopen filed within 180 days after
the date of the order of removal if the alien demonstrates
that the failure to appear was because of exceptional
circumstances (as defined in subsection (e)(1)), or
``(ii) upon a motion to reopen filed at any time if the
alien demonstrates that the alien did not receive notice in
accordance with paragraph (1) or (2) of section 239(a) or the
alien demonstrates that the alien was in Federal or State
custody and did not appear through no fault of the alien.
The filing of the motion to reopen described in clause (i) or
(ii) shall stay the removal of the alien pending disposition
of the motion.
``(D) Effect on judicial review.--Any petition for review
under section 242 of an order entered in absentia under this
paragraph shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of the notice
provided to the alien, (ii) the reasons for the alien's not
attending the proceeding, and (iii) whether or not the alien
is removable.
``(6) Treatment of frivolous behavior.--The Attorney
General shall, by regulation--
``(A) define in a proceeding before an immigration judge or
before an appellate administrative body under this title,
frivolous behavior for which attorneys may be sanctioned,
``(B) specify the circumstances under which an
administrative appeal of a decision or ruling will be
considered frivolous and will be summarily dismissed, and
``(C) impose appropriate sanctions (which may include
suspension and disbarment) in the case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the
authority of the Attorney General to take actions with
respect to inappropriate behavior.
``(7) Limitation on discretionary relief for failure to
appear.--Any alien against whom a final order of removal is
entered in absentia under this subsection and who, at the
time of the notice described in paragraph (1) or (2) of
section 239(a), was provided oral notice, either in the
alien's native language or in another language the alien
understands, of the time and place of the proceedings and of
the consequences under this paragraph of failing, other than
because of exceptional circumstances (as defined in
subsection (e)(1)) to attend a proceeding under this section,
shall not be eligible for relief under section 240A, 240B,
245, 248, or 249 for a period of 10 years after the date of
the entry of the final order of removal.
``(c) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of the proceeding the
immigration judge shall decide whether an alien is removable
from the United States. The determination of the immigration
judge shall be based only on the evidence produced at the
hearing.
``(B) Certain medical decisions.--If a medical officer or
civil surgeon or board of medical officers has certified
under section 232(b) that an alien has a disease, illness, or
addiction which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of the
immigration judge shall be based solely upon such
certification.
``(2) Burden on alien.--In the proceeding the alien has the
burden of establishing--
``(A) if the alien is an applicant for admission, that the
alien is clearly and beyond doubt entitled to be admitted and
is not inadmissible under section 212; or
``(B) by clear and convincing evidence, that the alien is
lawfully present in the United States pursuant to a prior
admission.
In meeting the burden of proof under subparagraph (B), the
alien shall have access to the alien's visa or other entry
document, if any, and any other records and documents, not
considered by the Attorney General to be confidential,
pertaining to the alien's admission or presence in the United
States.
``(3) Burden on service in cases of deportable aliens.--In
the proceeding the Service has the burden of establishing by
clear and convincing evidence that, in the case of an alien
who has been admitted to the United States, the alien is
deportable. No decision on deportability shall be valid
unless it is based upon reasonable, substantial, and
probative evidence.
``(4) Notice.--If the immigration judge decides that the
alien is removable and orders the alien to be removed, the
judge shall inform the alien of the right to appeal that
decision and of the consequences for failure to depart under
the order of removal, including civil and criminal penalties.
``(5) Motions to reconsider.--
``(A) In general.--The alien may file one motion to
reconsider a decision that the alien is removable from the
United States.
``(B) Deadline.--The motion must be filed within 30 days of
the date of entry of a final administrative order of removal.
``(C) Contents.--The motion shall specify the errors of law
or fact in the previous order and shall be supported by
pertinent authority.
``(6) Motions to reopen.--
``(A) In general.--An alien may file one motion to reopen
proceedings under this section.
``(B) Contents.--The motion to reopen shall state the new
facts that will be proven at a hearing to be held if the
motion is granted, and shall be supported by affidavits or
other evidentiary material.
``(C) Deadline.--
``(i) In general.--Except as provided in this subparagraph,
the motion to reopen shall be filed within 90 days of the
date of entry of a final administrative order of removal.
``(ii) Asylum.--There is no time limit on the filing of a
motion to reopen if the basis of the motion is to apply for
relief under sections 208 or 241(b)(3) and is based on
changed country conditions arising in the country of
nationality or the country to which removal has been ordered,
if such evidence is material and was not available and would
not have been discovered or presented at the previous
proceeding.
``(iii) Failure to appear.--A motion to reopen may be filed
within 180 days after the date of the final order of removal
if the order has been entered pursuant to subsection (b)(5)
due to the alien's failure to appear for proceedings under
this section and the alien establishes that the alien's
failure to appear was because of exceptional circumstances
beyond the control of the alien or because the
[[Page 535]]
alien did not receive the notice required under section
239(a)(2).
``(d) Stipulated Removal.--The Attorney General shall
provide by regulation for the entry by an immigration judge
of an order of removal stipulated to by the alien (or the
alien's representative) and the Service. A stipulated order
shall constitute a conclusive determination of the alien's
removability from the United States.
``(e) Definitions.--In this section and section 240A:
``(1) Exceptional circumstances.--The term `exceptional
circumstances' refers to exceptional circumstances (such as
serious illness of the alien or serious illness or death of
the spouse, child, or parent of the alien, but not including
less compelling circumstances) beyond the control of the
alien.
``(2) Removable.--The term `removable' means--
``(A) in the case of an alien not admitted to the United
States, that the alien is inadmissible under section 212, or
``(B) in the case of an alien admitted to the United
States, that the alien is deportable under section 237.
``cancellation of removal; adjustment of status
``Sec. 240A. (a) Cancellation of Removal for Certain
Permanent Residents.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(1) has been an alien lawfully admitted for permanent
residence for not less than 5 years,
``(2) has resided in the United States continuously for 7
years after having been admitted in any status, and
``(3) has not been convicted of an aggravated felony or
felonies for which the alien has been sentenced, in the
aggregate, to a term of imprisonment of at least 5 years.
``(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is deportable from the United
States if the alien--
``(A) has been physically present in the United States for
a continuous period of not less than 7 years immediately
preceding the date of such application;
``(B) has been a person of good moral character during such
period;
``(C) has not been convicted of an aggravated felony; and
``(D) establishes that removal would result in extreme
hardship to the alien or to the alien's spouse, parent, or
child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
``(2) Special rule for battered spouse or child.--The
Attorney General may cancel removal in the case of an alien
who is inadmissible or deportable from the United States if
the alien--
``(A) has been battered or subjected to extreme cruelty in
the United States by a spouse or parent who is a United
States citizen or lawful permanent resident (or is the parent
of a child of a United States citizen or lawful permanent
resident and the child has been battered or subjected to
extreme cruelty in the United States by such citizen or
permanent resident parent);
``(B) has been physically present in the United States for
a continuous period of not less than 3 years immediately
preceding the date of such application;
``(C) has been a person of good moral character during such
period;
``(D) is not inadmissible under paragraph (2) or (3) of
section 212(a), is not deportable under paragraph (1)(G) or
(2) through (4) of section 237(a), and has not been convicted
of an aggravated felony; and
``(E) establishes that removal would result in extreme
hardship to the alien, the alien's child, or (in the case of
an alien who is a child) to the alien's parent.
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.
``(3) Adjustment of status.--The Attorney General may
adjust to the status of an alien lawfully admitted for
permanent residence any alien who the Attorney General
determines meets the requirements of paragraph (1) or (2).
The number of adjustments under this paragraph shall not
exceed 4,000 for any fiscal year. The Attorney General shall
record the alien's lawful admission for permanent residence
as of the date the Attorney General's cancellation of removal
under paragraph (1) or (2) or determination under this
paragraph.
``(c) Aliens Ineligible for Relief.--The provisions of
subsections (a) and (b)(1) shall not apply to any of the
following aliens:
``(1) An alien who entered the United States as a crewman
subsequent to June 30, 1964.
``(2) An alien who was admitted to the United States as a
nonimmigrant exchange alien as defined in section
101(a)(15)(J), or has acquired the status of such a
nonimmigrant exchange alien after admission, in order to
receive graduate medical education or training, regardless of
whether or not the alien is subject to or has fulfilled the
two-year foreign residence requirement of section 212(e).
``(3) An alien who--
``(A) was admitted to the United States as a nonimmigrant
exchange alien as defined in section 101(a)(15)(J) or has
acquired the status of such a nonimmigrant exchange alien
after admission other than to receive graduate medical
education or training,
``(B) is subject to the two-year foreign residence
requirement of section 212(e), and
``(C) has not fulfilled that requirement or received a
waiver thereof.
``(4) An alien who is inadmissible under section 212(a)(3)
or deportable under subparagraph (B) or (D) of section
237(a)(4).
``(d) Special Rules Relating to Continuous Residence or
Physical Presence.--
``(1) Termination of continuous period.--For purposes of
this section, any period of continuous residence or
continuous physical presence in the United States shall be
deemed to end when the alien is served a notice to appear
under section 239(a).
``(2) Treatment of certain breaks in presence.--An alien
shall be considered to have failed to maintain continuous
physical presence in the United States under subsections
(b)(1) and (b)(2) if the alien has departed from the United
States for any periods in the aggregate exceeding 180 days,
unless the Attorney General finds that return could not be
accomplished within that time period due to emergent reasons.
``(3) Continuity not required because of honorable service
in armed forces and presence upon entry into service.--The
requirements of continuous residence or continuous physical
presence in the United States under subsections (a) and (b)
shall not apply to an alien who--
``(A) has served for a minimum period of 24 months in an
active-duty status in the Armed Forces of the United States
and, if separated from such service, was separated under
honorable conditions, and
``(B) at the time of the alien's enlistment or induction
was in the United States.
``(e) Annual Limitation.--The Attorney General may not
cancel the removal and adjust the status under this section,
nor suspend the deportation and adjust the status under
section 244(a) (as in effect before the enactment of the
Immigration in the National Interest Act of 1996), of a total
of more than 4,000 aliens in any fiscal year. The previous
sentence shall apply regardless of when an alien applied for
such cancellation and adjustment and whether such an alien
had previously applied for suspension of deportation under
such section 244(a).
``voluntary departure
``Sec. 240B. (a) Certain Conditions.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense under this subsection, in lieu of being subject to
proceedings under section 240 or prior to the completion of
such proceedings, if the alien is not deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B).
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 120
days.
``(3) Bond.--The Attorney General may require an alien
permitted to depart voluntarily under this subsection to post
a voluntary departure bond, to be surrendered upon proof that
the alien has departed the United States within the time
specified.
``(4) Treatment of aliens arriving in the united states.--
In the case of an alien who is arriving in the United States
and with respect to whom proceedings under section 240 are
(or would otherwise be) initiated at the time of such alien's
arrival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an alien from
withdrawing the application for admission in accordance with
section 235(a)(4).
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense if, at the conclusion of a proceeding under section
240, the immigration judge enters an order granting voluntary
departure in lieu of removal and finds that--
``(A) the alien has been physically present in the United
States for a period of at least one year immediately
preceding the date the notice to appear was served under
section 239(a);
``(B) the alien is, and has been, a person of good moral
character for at least 5 years immediately preceding the
alien's application for voluntary departure;
``(C) the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4); and
``(D) the alien has established by clear and convincing
evidence that the alien has the means to depart the United
States and intends to do so.
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 60 days.
``(3) Bond.--An alien permitted to depart voluntarily under
this subsection shall be required to post a voluntary
departure bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof that the
alien has departed the United States within the time
specified.
``(c) Aliens Not Eligible.--The Attorney General shall not
permit an alien to depart voluntarily under this section if
the alien was previously permitted to so depart after having
been found inadmissible under section 212(a)(9).
``(d) Civil Penalty for Failure to Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time
period specified, the alien shall be subject to a civil
penalty of not less than $1,000
[[Page 536]]
and not more than $5,000, and be ineligible for a period of
10 years for any further relief under this section and
sections 240A, 245, 248, and 249.
``(e) Additional Conditions.--The Attorney General may by
regulation limit eligibility for voluntary departure under
this section for any class or classes of aliens.
``(f) Appeals of Denials.--An alien may appeal from denial
of a request for an order of voluntary departure under
subsection (b) in accordance with the procedures in section
242. Notwithstanding the pendency of such appeal, the alien
shall be removable from the United States 60 days after entry
of the order of removal. The alien's removal from the United
States shall not moot the appeal.''.
(b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C.
1182(c)) is repealed.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED
(NEW SECTION 241).
(a) In General.--Title II is further amended--
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C. 1251) as section
237 and by moving such section to immediately follow section
236, and
(3) by inserting after section 240C (as redesignated by
section 304(a)(2)) the following new section:
``detention and removal of aliens ordered removed
``Sec. 241. (a) Detention, Release, and Removal of Aliens
Ordered Removed.--
``(1) Removal period.--
``(A) In general.--Except as otherwise provided in this
section, when an alien is ordered removed, the Attorney
General shall remove the alien from the United States within
a period of 90 days (in this section referred to as the
`removal period').
``(B) Beginning of period.--The removal period begins on
the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the removal order is judicially reviewed and such
review serves to stay the removal of the alien, the date of
the court's final order.
``(iii) If the alien is detained or confined (except under
an immigration process), the date the alien is released from
detention or confinement.
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien
willfully fails or refuses to make timely application in good
faith for travel or other documents necessary to the alien's
departure or conspires or acts to prevent the alien's removal
subject to an order of removal.
``(2) Detention and release by the attorney general.--
During the removal period, the Attorney General shall detain
the alien. If there is insufficient detention space to detain
the alien, the Attorney General shall make a specific finding
to this effect and may release the alien on a bond containing
such conditions as the Attorney General may prescribe.
``(3) Supervision after 90-day period.--If the alien does
not leave or is not removed within the removal period, the
alien, pending removal, shall be subject to supervision under
regulations prescribed by the Attorney General. The
regulations shall include provisions requiring the alien--
``(A) to appear before an immigration officer periodically
for identification;
``(B) to submit, if necessary, to a medical and psychiatric
examination at the expense of the United States Government;
``(C) to give information under oath about the alien's
nationality, circumstances, habits, associations, and
activities, and other information the Attorney General
considers appropriate; and
``(D) to obey reasonable written restrictions on the
alien's conduct or activities that the Attorney General
prescribes for the alien.
``(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation.--
``(A) In general.--Except as provided in section 343(a) of
the Public Health Service Act (42 U.S.C. 259(a)) and
paragraph (2), the Attorney General may not remove an alien
who is sentenced to imprisonment until the alien is released
from imprisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not a reason
to defer removal.
``(B) Exception for removal of nonviolent offenders prior
to completion of sentence of imprisonment.--The Attorney
General is authorized to remove an alien in accordance with
applicable procedures under this Act before the alien has
completed a sentence of imprisonment--
``(i) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that (I)
the alien is confined pursuant to a final conviction for a
nonviolent offense (other than an offense related to
smuggling or harboring of aliens) and (II) the removal of the
alien is appropriate and in the best interest of the United
States; or
``(ii) in the case of an alien in the custody of a State
(or a political subdivision of a State), if the chief State
official exercising authority with respect to the
incarceration of the alien determines that (I) the alien is
confined pursuant to a final conviction for a nonviolent
offense, (II) the removal is appropriate and in the best
interest of the State, and (III) submits a written request to
the Attorney General that such alien be so removed.
``(C) Notice.--Any alien removed pursuant to this paragraph
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens removed under
subparagraph (B).
``(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Attorney General finds that an
alien has reentered the United States illegally after having
been removed or having departed voluntarily, under an order
of removal, the prior order of removal is reinstated from its
original date and is not subject to being reopened or
reviewed, and the alien shall be removed under the prior
order at any time after the reentry.
``(6) Inadmissible aliens.--An alien ordered removed who is
inadmissible under section 212 may be detained beyond the
removal period and, if released, shall be subject to the
terms of supervision in paragraph (3).
``(7) Employment authorization.--No alien ordered removed
shall be eligible to receive authorization to be employed in
the United States unless the Attorney General makes a
specific finding that--
``(A) the alien cannot be removed due to the refusal of all
countries designated by the alien or under this section to
receive the alien, or
``(B) the removal of the alien is otherwise impracticable
or contrary to the public interest.
``(b) Countries to Which Aliens May Be Removed.--
``(1) Aliens arriving at the united states.--Subject to
paragraph (3)--
``(A) In general.--Except as provided by subparagraphs (B)
and (C), an alien who arrives at the United States and with
respect to whom proceedings under section 240 were initiated
at the time of such alien's arrival shall be removed to the
country in which the alien boarded the vessel or aircraft on
which the alien arrived in the United States.
``(B) Travel from contiguous territory.--If the alien
boarded the vessel or aircraft on which the alien arrived in
the United States in a foreign territory contiguous to the
United States, an island adjacent to the United States, or an
island adjacent to a foreign territory contiguous to the
United States, and the alien is not a native, citizen,
subject, or national of, or does not reside in, the territory
or island, removal shall be to the country in which the alien
boarded the vessel that transported the alien to the
territory or island.
``(C) Alternative countries.--If the government of the
country designated in subparagraph (A) or (B) is unwilling to
accept the alien into that country's territory, removal shall
be to any of the following countries, as directed by the
Attorney General:
``(i) The country of which the alien is a citizen, subject,
or national.
``(ii) The country in which the alien was born.
``(iii) The country in which the alien has a residence.
``(iv) A country with a government that will accept the
alien into the country's territory if removal to each country
described in a previous clause of this subparagraph is
impracticable, inadvisable, or impossible.
``(2) Other aliens.--Subject to paragraph (3)--
``(A) Selection of country by alien.--Except as otherwise
provided in this paragraph--
``(i) any alien not described in paragraph (1) who has been
ordered removed may designate one country to which the alien
wants to be removed, and
``(ii) the Attorney General shall remove the alien to the
country the alien so designates.
``(B) Limitation on designation.--An alien may designate
under subparagraph (A)(i) a foreign territory contiguous to
the United States, an adjacent island, or an island adjacent
to a foreign territory contiguous to the United States as the
place to which the alien is to be removed only if the alien
is a native, citizen, subject, or national of, or has resided
in, that designated territory or island.
``(C) Disregarding designation.--The Attorney General may
disregard a designation under subparagraph (A)(i) if--
``(i) the alien fails to designate a country promptly;
``(ii) the government of the country does not inform the
Attorney General finally, within 30 days after the date the
Attorney General first inquires, whether the government will
accept the alien into the country;
``(iii) the government of the country is not willing to
accept the alien into the country; or
``(iv) the Attorney General decides that removing the alien
to the country is prejudicial to the United States.
``(D) Alternative country.--If an alien is not removed to a
country designated under subparagraph (A)(i), the Attorney
General shall remove the alien to a country of which the
alien is a subject, national, or citizen unless the
government of the country--
``(i) does not inform the Attorney General or the alien
finally, within 30 days after the date the Attorney General
first inquires or within another period of time the Attorney
General decides is reasonable, whether the government will
accept the alien into the country; or
``(ii) is not willing to accept the alien into the country.
``(E) Additional removal countries.--If an alien is not
removed to a country under the previous subparagraphs of this
paragraph, the Attorney General shall remove the alien to any
of the following countries:
[[Page 537]]
``(i) The country from which the alien was admitted to the
United States.
``(ii) The country in which is located the foreign port
from which the alien left for the United States or for a
foreign territory contiguous to the United States.
``(iii) A country in which the alien resided before the
alien entered the country from which the alien entered the
United States.
``(iv) The country in which the alien was born.
``(v) The country that had sovereignty over the alien's
birthplace when the alien was born.
``(vi) The country in which the alien's birthplace is
located when the alien is ordered removed.
``(vii) If impracticable, inadvisable, or impossible to
remove the alien to each country described in a previous
clause of this subparagraph, another country whose government
will accept the alien into that country.
``(F) Removal country when united states is at war.--When
the United States is at war and the Attorney General decides
that it is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this subsection because
of the war, the Attorney General may remove the alien--
``(i) to the country that is host to a government in exile
of the country of which the alien is a citizen or subject if
the government of the host country will permit the alien's
entry; or
``(ii) if the recognized government of the country of which
the alien is a citizen or subject is not in exile, to a
country, or a political or territorial subdivision of a
country, that is very near the country of which the alien is
a citizen or subject, or, with the consent of the government
of the country of which the alien is a citizen or subject, to
another country.
``(3) Restriction on removal to a country where alien's
life or freedom would be threatened.--
``(A) In general.--Notwithstanding paragraphs (1) and (2),
the Attorney General may not remove an alien to a country if
the Attorney General decides that the alien's life or freedom
would be threatened in that country because of the alien's
race, religion, nationality, membership in a particular
social group, or political opinion.
``(B) Exception.--Subparagraph (A) does not apply to an
alien deportable under section 237(a)(4)(D) or if the
Attorney General decides that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of an individual because of
the individual's race, religion, nationality, membership in a
particular social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime is a danger to the community
of the United States;
``(iii) there are serious reasons to believe that the alien
committed a serious nonpolitical crime outside the United
States before the alien arrived in the United States; or
``(iv) there are reasonable grounds to believe that the
alien is a danger to the security of the United States.
For purposes of clause (ii), an alien who has been convicted
of an aggravated felony (or felonies) for which the alien has
been sentenced to an aggregate term of imprisonment of at
least 5 years shall be considered to have committed a
particularly serious crime. For purposes of clause (iv), an
alien who is described in section 237(a)(4)(B) shall be
considered to be an alien with respect to whom there are
reasonable grounds for regarding as a danger to the security
of the United States.
``(c) Removal of Aliens Arriving at Port of Entry.--
``(1) Vessels and aircraft.--An alien arriving at a port of
entry of the United States who is ordered removed either
without a hearing under section 235(a)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival shall be removed immediately on
a vessel or aircraft owned by the owner of the vessel or
aircraft on which the alien arrived in the United States,
unless--
``(A) it is impracticable to remove the alien on one of
those vessels or aircraft within a reasonable time, or
``(B) the alien is a stowaway--
``(i) who has been ordered removed in accordance with
section 235(a)(1),
``(ii) who has requested asylum, and
``(iii) whose application has not been adjudicated or whose
asylum application has been denied but who has not exhausted
all appeal rights.
``(2) Stay of removal.--
``(A) In general.--The Attorney General may stay the
removal of an alien under this subsection if the Attorney
General decides that--
``(i) immediate removal is not practicable or proper; or
``(ii) the alien is needed to testify in the prosecution of
a person for a violation of a law of the United States or of
any State.
``(B) Payment of detention costs.--During the period an
alien is detained because of a stay of removal under
subparagraph (A)(ii), the Attorney General may pay from the
appropriation `Immigration and Naturalization Service--
Salaries and Expenses'--
``(i) the cost of maintenance of the alien; and
``(ii) a witness fee of $1 a day.
``(C) Release during stay.--The Attorney General may
release an alien whose removal is stayed under subparagraph
(A)(ii) on--
``(i) the alien's filing a bond of at least $500 with
security approved by the Attorney General;
``(ii) condition that the alien appear when required as a
witness and for removal; and
``(iii) other conditions the Attorney General may
prescribe.
``(3) Costs of detention and maintenance pending removal.--
``(A) In general.--Except as provided in subparagraph (B)
and subsection (d), an owner of a vessel or aircraft bringing
an alien to the United States shall pay the costs of
detaining and maintaining the alien--
``(i) while the alien is detained under subsection (d)(1),
and
``(ii) in the case of an alien who is a stowaway, while the
alien is being detained pursuant to--
``(I) subsection (d)(2)(A) or (d)(2)(B)(i),
``(II) subsection (d)(2)(B)(ii) or (iii) for the period of
time reasonably necessary for the owner to arrange for
repatriation or removal of the stowaway, including obtaining
necessary travel documents, but not to extend beyond the date
on which it is ascertained that such travel documents cannot
be obtained from the country to which the stowaway is to be
returned, or
``(III) section 235(b)(1)(B)(ii), for a period not to
exceed 15 days (excluding Saturdays, Sundays, and holidays)
commencing on the first such day which begins on the earlier
of 72 hours after the time of the initial presentation of the
stowaway for inspection or at the time the stowaway is
determined to have a credible fear of persecution.
``(B) Nonapplication.--Subparagraph (A) shall not apply
if--
``(i) the alien is a crewmember;
``(ii) the alien has an immigrant visa;
``(iii) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States and applies for admission not
later than 120 days after the date the visa or documentation
was issued;
``(iv) the alien has a reentry permit and applies for
admission not later than 120 days after the date of the
alien's last inspection and admission;
``(v)(I) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States or a reentry permit;
``(II) the alien applies for admission more than 120 days
after the date the visa or documentation was issued or after
the date of the last inspection and admission under the
reentry permit; and
``(III) the owner of the vessel or aircraft satisfies the
Attorney General that the existence of the condition relating
to inadmissibility could not have been discovered by
exercising reasonable care before the alien boarded the
vessel or aircraft; or
``(vi) the individual claims to be a national of the United
States and has a United States passport.
``(d) Requirements of Persons Providing Transportation.--
``(1) Removal at time of arrival.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft bringing an alien (except an alien
crewmember) to the United States shall--
``(A) receive an alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests if the alien is ordered removed under this part;
and
``(B) take the alien to the foreign country to which the
alien is ordered removed.
``(2) Alien stowaways.--An owner, agent, master, commanding
officer, charterer, or consignee of a vessel or aircraft
arriving in the United States with an alien stowaway--
``(A) shall detain the alien on board the vessel or
aircraft, or at such place as the Attorney General shall
designate, until completion of the inspection of the alien by
an immigration officer;
``(B) may not permit the stowaway to land in the United
States, except pursuant to regulations of the Attorney
General temporarily--
``(i) for medical treatment,
``(ii) for detention of the stowaway by the Attorney
General, or
``(iii) for departure or removal of the stowaway; and
``(C) if ordered by an immigration officer, shall remove
the stowaway on the vessel or aircraft or on another vessel
or aircraft.
The Attorney General shall grant a timely request to remove
the stowaway under subparagraph (C) on a vessel or aircraft
other than that on which the stowaway arrived if the
requester has obtained any travel documents necessary for
departure or repatriation of the stowaway and removal of the
stowaway will not be unreasonably delayed.
``(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel, aircraft, or other transportation line shall comply
with an order of the Attorney General to take on board, guard
safely, and transport to the destination specified any alien
ordered to be removed under this Act.
``(e) Payment of Expenses of Removal.--
``(1) Costs of removal at time of arrival.--In the case of
an alien who is a stowaway or who is ordered removed either
without a hearing under section 235(a)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival, the owner of the vessel or
aircraft (if any) on which the alien arrived in the United
States shall pay the transportation cost of removing the
alien. If removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien arrived in
the United States, the Attorney General may--
[[Page 538]]
``(A) pay the cost from the appropriation `Immigration and
Naturalization Service--Salaries and Expenses'; and
``(B) recover the amount of the cost in a civil action from
the owner, agent, or consignee of the vessel or aircraft (if
any) on which the alien arrived in the United States.
``(2) Costs of removal to port of removal for aliens
admitted or permitted to land.--In the case of an alien who
has been admitted or permitted to land and is ordered
removed, the cost (if any) of removal of the alien to the
port of removal shall be at the expense of the appropriation
for the enforcement of this Act.
``(3) Costs of removal from port of removal for aliens
admitted or permitted to land.--
``(A) Through appropriation.--Except as provided in
subparagraph (B), in the case of an alien who has been
admitted or permitted to land and is ordered removed, the
cost (if any) of removal of the alien from the port of
removal shall be at the expense of the appropriation for the
enforcement of this Act.
``(B) Through owner.--
``(i) In general.--In the case of an alien described in
clause (ii), the cost of removal of the alien from the port
of removal may be charged to any owner of the vessel,
aircraft, or other transportation line by which the alien
came to the United States.
``(ii) Aliens described.--An alien described in this clause
is an alien who--
``(I) is admitted to the United States (other than lawfully
admitted for permanent residence) and is ordered removed
within 5 years of the date of admission based on a ground
that existed before or at the time of admission, or
``(II) is an alien crewman permitted to land temporarily
under section 252 and is ordered removed within 5 years of
the date of landing.
``(C) Costs of removal of certain aliens granted voluntary
departure.--In the case of an alien who has been granted
voluntary departure under section 240B and who is financially
unable to depart at the alien's own expense and whose removal
the Attorney General deems to be in the best interest of the
United States, the expense of such removal may be paid from
the appropriation for the enforcement of this Act.
``(f) Aliens Requiring Personal Care During Removal.--
``(1) In general.--If the Attorney General believes that an
alien being removed requires personal care because of the
alien's mental or physical condition, the Attorney General
may employ a suitable person for that purpose who shall
accompany and care for the alien until the alien arrives at
the final destination.
``(2) Costs.--The costs of providing the service described
in paragraph (1) shall be defrayed in the same manner as the
expense of removing the accompanied alien is defrayed under
this section.
``(g) Places of Detention.--
``(1) In general.--The Attorney General shall arrange for
appropriate places of detention for aliens detained pending
removal or a decision on removal. When United States
Government facilities are unavailable or facilities adapted
or suitably located for detention are unavailable for rental,
the Attorney General may expend from the appropriation
`Immigration and Naturalization Service--Salaries and
Expenses', without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5), amounts necessary to acquire land and
to acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers if not
otherwise available) necessary for detention.
``(2) Detention facilities of the immigration and
naturalization service.--Prior to initiating any project for
the construction of any new detention facility for the
Service, the Commissioner shall consider the availability for
purchase or lease of any existing prison, jail, detention
center, or other comparable facility suitable for such use.
``(h) Statutory Construction.--Nothing in this section
shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any
other person.''.
(b) Modification of Authority.--
(1) Section 241(i), as redesignated by section 306(a)(1),
is amended--
(A) in paragraph (3)(A) by striking ``felony and sentenced
to a term of imprisonment'' and inserting ``felony or two or
more misdemeanors'', and
(B) by adding at the end the following new paragraph:
``(6) In this subsection, the term `incarceration' includes
imprisonment in a State or local prison or jail the time of
which is counted towards completion of a sentence or the
detention of an alien previously convicted of a felony or
misdemeanor who has been arrested and is being held pending
judicial action on new charges or pending transfer to Federal
custody.''.
(2) The amendments made by paragraph (1) shall apply
beginning with fiscal year 1996.
(c) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended
by section 321(b), is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3), and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission
of the Attorney General, enters, attempts to enter, or is at
any time found in, the United States (unless the Attorney
General has expressly consented to such alien's reentry)
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(d) Miscellaneous Conforming Amendment.--Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a), is
amended by striking ``241(a)(5)(B)'' each place it appears
and inserting ``237(a)(5)(B)''.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).
(a) In General.--Section 242 (8 U.S.C. 1252) is amended--
(1) by redesignating subsection (j) as subsection (i) and
by moving such subsection and adding it at the end of section
241, as inserted by section 305(a)(3); and
(2) by amending the remainder of section 242 to read as
follows:
``judicial review of orders of removal
``Sec. 242. (a) Applicable Provisions.--
``(1) General orders of removal.--Judicial review of a
final order of removal (other than an order of removal
without a hearing pursuant to section 235(b)(1)) is governed
only by chapter 158 of title 28 of the United States Code,
except as provided in subsection (b) and except that the
court may not order the taking of additional evidence under
section 2347(c) of such title.
``(2) Limitations on review relating to section
235(b)(1).--Notwithstanding any other provision of law, no
court shall have jurisdiction to review--
``(A) except as provided in subsection (f), any individual
determination or to entertain any other cause or claim
arising from or relating to the implementation or operation
of an order of removal pursuant to section 235(b)(1),
``(B) a decision by the Attorney General to invoke the
provisions of such section,
``(C) the application of such section to individual aliens,
including the determination made under section 235(b)(1)(B),
or
``(D) procedures and policies adopted by the Attorney
General to implement the provisions of section 235(b)(1).
``(3) Treatment of certain decisions.--No alien shall have
a right to appeal from a decision of an immigration judge
which is based solely on a certification described in section
240(c)(1)(B).
``(b) Requirements for Orders of Removal.--With respect to
review of an order of removal under subsection (a)(1), the
following requirements apply:
``(1) Deadline.--The petition for review must be filed not
later than 30 days after the date of the final order of
removal.
``(2) Venue and forms.--The petition for review shall be
filed with the court of appeals for the judicial circuit in
which the immigration judge completed the proceedings. The
record and briefs do not have to be printed. The court of
appeals shall review the proceeding on a typewritten record
and on typewritten briefs.
``(3) Service.--
``(A) In general.--The respondent is the Attorney General.
The petition shall be served on the Attorney General and on
the officer or employee of the Service in charge of the
Service district in which the initial proceedings under
section 240 were conducted.
``(B) Stay of order.--
``(i) In general.--Except as provided in clause (ii),
service of the petition on the officer or employee stays the
removal of an alien pending the court's decision on the
petition, unless the court orders otherwise.
``(ii) Exception.--If the alien has been convicted of an
aggravated felony, or the alien has been ordered removed
pursuant to a finding that the alien is inadmissible under
section 212, service of the petition does not stay the
removal unless the court orders otherwise.
``(4) Decision.--Except as provided in paragraph (5)(B)--
``(A) the court of appeals shall decide the petition only
on the administrative record on which the order of removal is
based,
``(B) the administrative findings of fact are conclusive if
supported by reasonable, substantial, and probative evidence
on the record considered as a whole, and
``(C) a decision that an alien is not eligible for
admission to the United States is conclusive unless
manifestly contrary to law.
``(5) Treatment of nationality claims.--
``(A) Court determination if no issue of fact.--If the
petitioner claims to be a national of the United States and
the court of appeals finds from the pleadings and affidavits
that no genuine issue of material fact about the petitioner's
nationality is presented, the court shall decide the
nationality claim.
``(B) Transfer if issue of fact.--If the petitioner claims
to be a national of the United States and the court of
appeals finds that a genuine issue of material fact about the
petitioner's nationality is presented, the court shall
transfer the proceeding to the district court of the United
States for the judicial district in which the petitioner
resides for a new hearing on the nationality claim and a
decision on that claim as if an action had been brought in
the district court under section 2201 of title 28, United
States Code.
``(C) Limitation on determination.--The petitioner may have
such nationality claim decided only as provided in this
paragraph.
``(6) Consolidation with review of motions to reopen or
reconsider.--When a petitioner seeks review of an order under
this section, any review sought of a motion to reopen or
reconsider the order shall be consolidated with the review of
the order.
[[Page 539]]
``(7) Challenge to validity of orders in certain criminal
proceedings.--
``(A) In general.--If the validity of an order of removal
has not been judicially decided, a defendant in a criminal
proceeding charged with violating section 243(a) may
challenge the validity of the order in the criminal
proceeding only by filing a separate motion before trial. The
district court, without a jury, shall decide the motion
before trial.
``(B) Claims of united states nationality.--If the
defendant claims in the motion to be a national of the United
States and the district court finds that--
``(i) no genuine issue of material fact about the
defendant's nationality is presented, the court shall decide
the motion only on the administrative record on which the
removal order is based and the administrative findings of
fact are conclusive if supported by reasonable, substantial,
and probative evidence on the record considered as a whole;
or
``(ii) a genuine issue of material fact about the
defendant's nationality is presented, the court shall hold a
new hearing on the nationality claim and decide that claim as
if an action had been brought under section 2201 of title 28,
United States Code.
The defendant may have such nationality claim decided only as
provided in this subparagraph.
``(C) Consequence of invalidation.--If the district court
rules that the removal order is invalid, the court shall
dismiss the indictment for violation of section 243(a). The
United States Government may appeal the dismissal to the
court of appeals for the appropriate circuit within 30 days
after the date of the dismissal.
``(D) Limitation on filing petitions for review.--The
defendant in a criminal proceeding under section 243(a) may
not file a petition for review under subsection (a) during
the criminal proceeding.
``(8) Construction.--This subsection--
``(A) does not prevent the Attorney General, after a final
order of removal has been issued, from detaining the alien
under section 241(a);
``(B) does not relieve the alien from complying with
section 241(a)(4) and section 243(g); and
``(C) except as provided in paragraph (3), does not require
the Attorney General to defer removal of the alien.
``(c) Requirements for Petition.--A petition for review or
for habeas corpus of an order of removal shall state whether
a court has upheld the validity of the order, and, if so,
shall state the name of the court, the date of the court's
ruling, and the kind of proceeding.
``(d) Review of Final Orders.--A court may review a final
order of removal only if--
``(1) the alien has exhausted all administrative remedies
available to the alien as of right, and
``(2) another court has not decided the validity of the
order, unless the reviewing court finds that the petition
presents grounds that could not have been presented in the
prior judicial proceeding or that the remedy provided by the
prior proceeding was inadequate or ineffective to test the
validity of the order.
``(e) Limited Review for Non-Permanent Residents Convicted
of Aggravated Felonies.--
``(1) In general.--A petition for review filed by an alien
against whom a final order of removal has been issued under
section 238 may challenge only whether--
``(A) the alien is the alien described in the order,
``(B) the alien is an alien described in section 238(b)(2)
and has been convicted after entry into the United States of
an aggravated felony, and
``(C) proceedings against the alien complied with section
238(b)(4).
``(2) Limited jurisdiction.--A court reviewing the petition
has jurisdiction only to review the issues described in
paragraph (1).
``(f) Judicial Review of Orders Under Section 235(b)(1).--
``(1) Application.--The provisions of this subsection apply
with respect to judicial review of orders of removal effected
under section 235(b)(1).
``(2) Limitations on relief.--Regardless of the nature of
the action or claim and regardless of the identity of the
party or parties bringing the action, no court shall have
jurisdiction or authority to enter declaratory, injunctive,
or other equitable relief not specifically authorized in this
subsection, or to certify a class under Rule 23 of the
Federal Rules of Civil Procedure.
``(3) Limitation to habeas corpus.--Judicial review of any
matter, cause, claim, or individual determination made or
arising under or pertaining to section 235(b)(1) shall only
be available in habeas corpus proceedings, and shall be
limited to determinations of--
``(A) whether the petitioner is an alien,
``(B) whether the petitioner was ordered removed under such
section, and
``(C) whether the petitioner can prove by a preponderance
of the evidence that the petitioner is an alien lawfully
admitted for permanent residence and is entitled to such
further inquiry as prescribed by the Attorney General
pursuant to section 235(b)(1)(C).
``(4) Decision.--In any case where the court determines
that the petitioner--
``(A) is an alien who was not ordered removed under section
235(b)(1), or
``(B) has demonstrated by a preponderance of the evidence
that the alien is a lawful permanent resident,
the court may order no remedy or relief other than to require
that the petitioner be provided a hearing in accordance with
section 240. Any alien who is provided a hearing under
section 240 pursuant to this paragraph may thereafter obtain
judicial review of any resulting final order of removal
pursuant to subsection (a)(1).
``(5) Scope of inquiry.--In determining whether an alien
has been ordered removed under section 235(b)(1), the court's
inquiry shall be limited to whether such an order in fact was
issued and whether it relates to the petitioner. There shall
be no review of whether the alien is actually inadmissible or
entitled to any relief from removal.
``(g) Limit on Injunctive Relief.--Regardless of the nature
of the action or claim or of the identity of the party or
parties bringing the action, no court (other than the Supreme
Court) shall have jurisdiction or authority to enjoin or
restrain the operation of the provisions of chapter 4 of
title II, as amended by the Immigration in the National
Interest Act of 1996, other than with respect to the
application of such provisions to an individual alien against
whom proceedings under such chapter have been initiated.''.
(b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is
repealed.
(c) Treatment of Political Subdivisions.--Effective as of
the date of the enactment of this Act, section 242(j), before
being redesignated and moved under subsection (a)(1), is
amended by adding at the end the following new paragraph:
``(6) For purposes of this subsection, the term `political
subdivision' includes a county, city, municipality, or other
similar subdivision recognized under State law.''.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION
243).
(a) In General.--Section 243 (8 U.S.C. 1253) is amended to
read as follows:
``penalties related to removal
``Sec. 243. (a) Penalty for Failure to Depart.--
``(1) In general.--Any alien against whom a final order of
removal is outstanding by reason of being a member of any of
the classes described in section 237(a), who--
``(A) willfully fails or refuses to depart from the United
States within a period of 90 days from the date of the final
order of removal under administrative processes, or if
judicial review is had, then from the date of the final order
of the court,
``(B) willfully fails or refuses to make timely application
in good faith for travel or other documents necessary to the
alien's departure,
``(C) connives or conspires, or takes any other action,
designed to prevent or hamper or with the purpose of
preventing or hampering the alien's departure pursuant to
such, or
``(D) willfully fails or refuses to present himself or
herself for removal at the time and place required by the
Attorney General pursuant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if the alien
is a member of any of the classes described in paragraph
(1)(E), (2), (3), or (4) of section 237(a)), or both.
``(2) Exception.--It is not a violation of paragraph (1) to
take any proper steps for the purpose of securing
cancellation of or exemption from such order of removal or
for the purpose of securing the alien's release from
incarceration or custody.
``(3) Suspension.--The court may for good cause suspend the
sentence of an alien under this subsection and order the
alien's release under such conditions as the court may
prescribe. In determining whether good cause has been shown
to justify releasing the alien, the court shall take into
account such factors as--
``(A) the age, health, and period of detention of the
alien;
``(B) the effect of the alien's release upon the national
security and public peace or safety;
``(C) the likelihood of the alien's resuming or following a
course of conduct which made or would make the alien
deportable;
``(D) the character of the efforts made by such alien
himself and by representatives of the country or countries to
which the alien's removal is directed to expedite the alien's
departure from the United States;
``(E) the reason for the inability of the Government of the
United States to secure passports, other travel documents, or
removal facilities from the country or countries to which the
alien has been ordered removed; and
``(F) the eligibility of the alien for discretionary relief
under the immigration laws.
``(b) Willful Failure to Comply with Terms of Release Under
Supervision.--An alien who shall willfully fail to comply
with regulations or requirements issued pursuant to section
241(a)(3) or knowingly give false information in response to
an inquiry under such section shall be fined not more than
$1,000 or imprisoned for not more than one year, or both.
``(c) Penalties Relating to Vessels and Aircraft.--
``(1) Civil penalties.--
``(A) Failure to carry out certain orders.--If the Attorney
General is satisfied that a person has violated subsection
(d) or (e) of section 241, the person shall pay to the
Commissioner the sum of $2,000 for each violation.
``(B) Failure to remove alien stowaways.--If the Attorney
General is satisfied that a person has failed to remove an
alien
[[Page 540]]
stowaway as required under section 241(d)(2), the person
shall pay to the Commissioner the sum of $5,000 for each
alien stowaway not removed.
``(C) No compromise.--The Attorney General may not
compromise the amount of such penalty under this paragraph.
``(2) Clearing vessels and aircraft.--
``(A) Clearance before decision on liability.--A vessel or
aircraft may be granted clearance before a decision on
liability is made under paragraph (1) only if a bond approved
by the Attorney General or an amount sufficient to pay the
civil penalty is deposited with the Commissioner.
``(B) Prohibition on clearance while penalty unpaid.--A
vessel or aircraft may not be granted clearance if a civil
penalty imposed under paragraph (1) is not paid.
``(d) Discontinuing Granting Visas to Nationals of Country
Denying or Delaying Accepting Alien.--On being notified by
the Attorney General that the government of a foreign country
denies or unreasonably delays accepting an alien who is a
citizen, subject, national, or resident of that country after
the Attorney General asks whether the government will accept
the alien under this section, the Secretary of State shall
order consular officers in that foreign country to
discontinue granting immigrant visas or nonimmigrant visas,
or both, to citizens, subjects, nationals, and residents of
that country until the Attorney General notifies the
Secretary that the country has accepted the alien.''.
SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER
PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.
(a) Conforming Amendment to Table of Contents; Overview of
Reorganized Chapters.--The table of contents, as amended by
section 851(d)(1), is amended--
(1) by striking the item relating to section 106, and
(2) by striking the item relating to chapter 4 of title II
and all that follows through the item relating to section
244A and inserting the following:
``chapter 4--inspection, apprehension, examination, exclusion, and
removal
``Sec. 231. Lists of alien and citizen passengers arriving or
departing; record of resident aliens and citizens leaving
permanently for foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent
islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil
aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for hearing.
``Sec. 236. Apprehension and detention of aliens not lawfully in the
United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing
aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.
``chapter 5--adjustment and change of status''.
(b) Reorganization of Other Provisions.--Chapters 4 and 5
of title II are amended as follows:
(1) Amending chapter heading.--Amend the heading for
chapter 4 of title II to read as follows:
``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal''.
(2) Redesignating section 232 as section 232(a).--Amend
section 232 (8 U.S.C. 1222)--
(A) by inserting ``(a) Detention of Aliens.--'' after
``Sec. 232.'', and
(B) by amending the section heading to read as follows:
``detention of aliens for physical and mental examination''.
(3) Redesignating section 234 as section 232(b).--Amend
section 234 (8 U.S.C. 1224)--
(A) by striking the heading,
(B) by striking ``Sec. 234.'' and inserting the following:
``(b) Physical and Mental Examination.--'', and
(C) by moving such provision to the end of section 232.
(4) Redesignating section 238 as section 233.--Redesignate
section 238 (8 U.S.C. 1228) as section 233 and move the
section to immediately follow section 232.
(5) Redesignating section 242a as section 238.--Redesignate
section 242A as section 238, strike ``deportation'' in its
heading and insert ``removal'', and move the section to
immediately follow section 237 (as redesignated by section
305(a)(2)).
(6) Striking section 242b.--Strike section 242B (8 U.S.C.
1252b).
(7) Striking section 244 and redesignating section 244a as
section 244.--Strike section 244 (8 U.S.C. 1254) and
redesignate section 244A as section 244.
(8) Amending chapter heading.--Amend the heading for
chapter 5 of title II to read as follows:
``Chapter 5--Adjustment and Change of Status''.
(c) Additional Conforming Amendments.--
(1) Expedited procedures for aggravated felons (former
section 242a).--Section 238 (which, previous to redesignation
under section 308(b)(5), was section 242A) is amended--
(A) in subsection (a)(1), by striking ``section 242'' and
inserting ``section 240'';
(B) in subsection (a)(2), by striking ``section 242(a)(2)''
and inserting ``section 236(c)''; and
(C) in subsection (b)(1), by striking ``section
241(a)(2)(A)(iii)'' and inserting ``section
237(a)(2)(A)(iii)''.
(2) Treatment of certain helpless aliens.--
(A) Certification of helpless aliens.--Section 232 (8
U.S.C. 1222), as amended by section 308(b)(2), is further
amended by adding at the end the following new subsection:
``(c) Certification of Certain Helpless Aliens.--If an
examining medical officer determines that an alien arriving
in the United States is inadmissible, is helpless from
sickness, mental or physical disability, or infancy, and is
accompanied by another alien whose protection or guardianship
may be required, the officer may certify such fact for
purposes of applying section 212(a)(10)(B) with respect to
the other alien.''.
(B) Ground of inadmissibility for protection and
guardianship of aliens denied admission for health or
infancy.--Subparagraph (B) of section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section 301(a)(1), is
amended to read as follows:
``(B) Guardian required to accompany helpless alien.--Any
alien--
``(i) who is accompanying another alien who is inadmissible
and who is certified to be helpless from sickness, mental or
physical disability, or infancy pursuant to section 232(c),
and
``(ii) whose protection or guardianship is determined to be
required by the alien described in clause (i),
is inadmissible.''.
(3) Contingent consideration in relation to removal of
aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
(A) by inserting ``(1)'' after ``(a)'', and
(B) by adding at the end the following new paragraph:
``(2) It is unlawful for an owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft who is bringing an alien (except an
alien crewmember) to the United States to take any
consideration to be kept or returned contingent on whether an
alien is admitted to, or ordered removed from, the United
States.''.
(4) Clarification.--(A) Section 238(a)(1), which, previous
to redesignation under section 308(b)(5), was section
242A(a)(1), is amended by adding at the end the following:
``Nothing in this section shall be construed to create any
substantive or procedural right or benefit that is legally
enforceable by any party against the United States or its
agencies or officers or any other person.''.
(B) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416), as
amended by section 851(b)(15), is amended by striking ``and
nothing in'' and all that follows up to ``shall''.
(d) Additional Conforming Amendments Relating to Exclusion
and Inadmissibility.--
(1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is
amended--
(A) in the heading, by striking ``excluded from'' and
inserting ``ineligible for'';
(B) in the matter in subsection (a) before paragraph (1),
by striking all that follows ``(a)'' and inserting the
following: ``Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:'';
(C) in subsection (a), by striking ``is excludable'' and
inserting ``is inadmissible'' each place it appears;
(D) in subsections (a)(5)(C), (d)(1), (k), by striking
``exclusion'' and inserting ``inadmissibility'';
(E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by
striking ``excludable'' each place it appears and inserting
``inadmissible'';
(F) in subsection (b)(2), by striking ``or ineligible for
entry'';
(G) in subsection (d)(7), by striking ``excluded from'' and
inserting ``denied''; and
(H) in subsection (h)(1)(B), by striking ``exclusion'' and
inserting ``denial of admission''.
(2) Section 241.--Section 241 (8 U.S.C. 1251), before
redesignation as section 237 by section 305(a)(2), is
amended--
(A) in subsection (a)(1)(H), by striking ``excludable'' and
inserting ``inadmissible'';
(B) in subsection (a)(4)(C)(ii), by striking
``excludability'' and inserting ``inadmissibility''; and
(C) in subsection (c), by striking ``exclusion'' and
inserting ``inadmissibility''.
(3) Other general references.--The following provisions are
amended by striking ``excludability'' and ``excludable'' each
place each appears and inserting ``inadmissibility'' and
``inadmissible'', respectively:
(A) Sections 101(f)(3), 213, 234 (before redesignation by
section 308(b)), 241(a)(1) (before redesignation by section
305(a)(2)), 272(a), 277, 286(h)(2)(A)(v), and
286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act of 1990.
[[Page 541]]
(C) Section 128 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138).
(D) Section 1073 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337).
(E) Section 221 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416).
(4) Related terms.--
(A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by
striking ``or expulsion'' and inserting ``expulsion, or
removal''.
(B) Section 102 (8 U.S.C. 1102) is amended by striking
``exclusion or deportation'' and inserting ``removal''.
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ``been excluded or deported'' and inserting ``not
been admitted or have been removed''.
(D) Section 206 (8 U.S.C. 1156) is amended by striking
``excluded from admission to the United States and deported''
and inserting ``denied admission to the United States and
removed''.
(E) Section 216(f) (8 U.S.C. 1186a) is amended by striking
``exclusion'' and inserting ``inadmissibility''.
(F) Section 217 (8 U.S.C. 1187) is amended by striking
``excluded from admission'' and inserting ``denied admission
at the time of arrival'' each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is amended by striking
``exclude'' and inserting ``deny admission to''.
(H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated by
subsection (b)(2), is amended by striking ``excluded by'' and
``the excluded classes'' and inserting ``inadmissible under''
and ``inadmissible classes'', respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is amended--
(I) by striking ``exclusion'' in the heading and inserting
``denial of admission'',
(II) in subsection (a), by striking ``excluding condition''
and inserting ``condition causing inadmissibility'', and
(III) in subsection (c), by striking ``excluding''.
(ii) The item in the table of contents relating to such
section is amended by striking ``exclusion'' and inserting
``denial of admission''.
(J) Section 276(a) (8 U.S.C. 1326) is amended--
(i) in paragraph (1), by striking ``deported or excluded
and deported'' and inserting ``denied admission or removed'',
and
(ii) in paragraph (2)(B), by striking ``excluded and
deported'' and inserting ``denied admission and removed''.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi))
is amended by striking ``exclusion'' each place it appears
and inserting ``removal''.
(L) Section 287 (8 U.S.C. 1357) is amended--
(i) in subsection (a), by striking ``or expulsion'' each
place it appears and inserting ``expulsion, or removal'', and
(ii) in subsection (c), by striking ``exclusion from'' and
inserting ``denial of admission to''.
(M) Section 290(a) (8 U.S.C. 1360(a)) is amended by
striking ``admitted to the United States, or excluded
therefrom'' each place it appears and inserting ``admitted or
denied admission to the United States''.
(N) Section 291 (8 U.S.C. 1361) is amended by striking
``subject to exclusion'' and inserting ``inadmissible'' each
place it appears.
(O) Section 292 (8 U.S.C. 1362) is amended by striking
``exclusion or deportation'' each place it appears and
inserting ``removal''.
(P) Section 360 (8 U.S.C. 1503) is amended--
(i) in subsection (a), by striking ``exclusion'' each place
it appears and inserting ``removal'', and
(ii) in subsection (c), by striking ``excluded from'' and
inserting ``denied''.
(Q) Section 301(a)(1) of the Immigration Act of 1990 is
amended by striking ``exclusion'' and inserting
``inadmissibility''.
(R) Section 401(c) of the Refugee Act of 1980 is amended by
striking ``deportation or exclusion'' and inserting
``removal''.
(S) Section 501(e)(2) of the Refugee Education Assistance
Act of 1980 (Public Law 96-422) is amended--
(i) by striking ``exclusion or deportation'' each place it
appears and inserting ``removal'', and
(ii) by striking ``deportation or exclusion'' each place it
appears and inserting ``removal''.
(T) Section 4113(c) of title 18, United States Code, is
amended by striking ``exclusion and deportation'' and
inserting ``removal''.
(e) Revision of Terminology Relating to Deportation.--
(1) Each of the following is amended by striking
``deportation'' each place it appears and inserting
``removal'':
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and
(B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)).
(B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
(C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
(D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as
redesignated by section 851(a)(3)(A).
(E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before
redesignation as section 237 by section 305(a)(2).
(F) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of section 244A (8
U.S.C. 1254a), before redesignation as section 244 by
subsection (b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as added by section
122).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
(Q) Section 4113(b) of title 18, United States Code.
(2) Each of the following is amended by striking
``deported'' each place it appears and inserting ``removed'':
(A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation
as section 237 by section 305(a)(2).
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266 (8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration Act of 1990.
(I) Section 4113 of title 18, United States Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by
inserting ``or removed'' after ``deported'' each place it
appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ``suspension of deportation'' and inserting
``cancellation of removal''.
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is
amended by striking ``deportation is suspended'' and
inserting ``removal is canceled''.
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is
amended by striking ``deportation against'' and inserting
``removal of''.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A),
and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each
amended by striking ``deportation'', ``deportation'',
``deport'', and ``deported'' each place each appears and
inserting ``removal'', ``removal'', ``remove'', and
``removed'', respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C)
of section 216A (8 U.S.C. 1186b) are each amended by striking
``deportation'', ``deportation'', ``deport'', and
``deported'' and inserting ``removal'', ``removal'',
``remove'', and ``removed'', respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by
striking ``deportation against'' and inserting ``removal
of''.
(10) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(6), is amended, in the headings
to various subdivisions, by striking ``Deportation'' and
``deportation'' and inserting ``Removal'' and ``removal'',
respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)),
before redesignation as section 244 by subsection (b)(8), is
amended--
(A) in subsection (a)(1)(A), by striking ``deport'' and
inserting ``remove'', and
(B) in subsection (e), by striking ``Suspension of
Deportation'' and inserting ``Cancellation of Removal''.
(12) Section 254 (8 U.S.C. 1284) is amended by striking
``deport'' each place it appears and inserting ``remove''.
(13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amended by striking
``deported'' and inserting ``removed''.
(B) The item in the table of contents relating to such
section is amended by striking ``deported'' and inserting
``removed''.
(15) Section 318 (8 U.S.C. 1429) is amended by striking
``suspending'' and inserting ``canceling''.
(16) Section 301(a) of the Immigration Act of 1990 is
amended by striking ``Deportation'' and inserting
``Removal''.
(17) The heading of section 130005 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended by striking ``deportation'' and inserting
``removal''.
(18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is
amended by striking ``deported'' and all that follows through
``Deportation'' and inserting ``removed pursuant to chapter 4
of title II of the Immigration and Nationality Act''.
(19) Section 8(c) of the Foreign Agents Registration Act
(22 U.S.C. 618(c)) is amended by striking ``deportation'' and
all that follows and inserting ``removal pursuant to chapter
4 of title II of the Immigration and Nationality Act.''.
(f) Revision of References to Entry.--
(1) The following provisions are amended by striking
``entry'' and inserting ``admission'' each place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
(B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
(C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
(G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
[[Page 542]]
(K) Subsection (b) of section 240 (8 U.S.C. 1230), before
redesignation as section 240C by section 304(a)(2).
(L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2).
(M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2),
other than the last time it appears.
(N) Paragraphs (2) and (4) of subsection (a) of section 241
(8 U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2).
(O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration Act of 1990.
(2) The following provisions are amended by striking
``enter'' and inserting ``be admitted'':
(A) Section 204(e) (8 U.S.C. 1154(e)).
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
(3) The following provisions are amended by striking
``enters'' and inserting ``is admitted to'':
(A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C. 1228), before
redesignation as section 233 by section 308(b)(4), is amended
by striking ``entry and inspection'' and inserting
``inspection and admission''.
(5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C.
1251), before redesignation as section 237 by section
305(a)(2), is amended by striking ``at entry''.
(6) Section 7 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403h) is amended by striking ``that the
entry'', ``given entry into'', and ``entering'' and inserting
``that the admission'', ``admitted to'', and ``admitted to''.
(7) Section 4 of the Atomic Weapons and Special Nuclear
Materials Rewards Act (50 U.S.C. 47c) is amended by striking
``entry'' and inserting ``admission''.
(g) Conforming References to Reorganized Sections.--
(1) References to sections 232, 234, 238, 239, 240, 241,
242a, and 244a.--Any reference in law in effect on the day
before the date of the enactment of this Act to section 232,
234, 238, 239, 240, 241, 242A, or 244A of the Immigration and
Nationality Act (or a subdivision of such section) is deemed,
as of the title III-A effective date, to refer to section
232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act
(or the corresponding subdivision of such section), as
redesignated by this subtitle. Any reference in law to
section 241 (or a subdivision of such section) of the
Immigration and Nationality Act in an amendment made by a
subsequent subtitle of this title is deemed a reference (as
of the title III-A effective date) to section 237 (or the
corresponding subdivision of such section), as redesignated
by this subtitle.
(2) References to section 106.--
(A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C.
1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section
851(b)(14) but before redesignation as section 238 by
subsection (b)(5), are each amended by striking ``106'' and
inserting ``242''.
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C.
1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting ``(as
in effect before October 1, 1996)'' after ``106''.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5), is
amended by striking ``106(a)(1)'' and inserting
``242(b)(1)''.
(3) References to section 236.--
(A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 1159(a)(1))
are each amended by striking ``236'' and inserting ``240''.
(B) Section 4113(c) of title 18, United States Code, is
amended by striking ``1226 of title 8, United States Code''
and inserting ``240 of the Immigration and Nationality Act''.
(4) References to section 237.--
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended by
striking ``237'' and inserting ``241''.
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended by
striking ``237(a)'' and inserting ``241(c)''.
(C) Section 280(a) (8 U.S.C. 1330(a)) is amended by
striking ``237, 239, 243'' and inserting ``234, 243(c)(2)''.
(5) References to section 242.--
(A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C.
1184(d), 1282(b), 1357(f)(1)) are each amended by striking
``242'' and inserting ``240''.
(ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), as
amended by section 851(b)(14) but before redesignation as
section 238 by subsection (b)(5), are each amended by
striking ``242'' and inserting ``240''.
(iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is
amended by inserting ``(as in effect before October 1,
1996)'' after ``242''.
(iv) Section 4113 of title 18, United States Code, is
amended--
(I) in subsection (a), by striking ``section 1252(b) or
section 1254(e) of title 8, United States Code,'' and
inserting ``section 240B of the Immigration and Nationality
Act''; and
(II) in subsection (b), by striking ``section 1252 of title
8, United States Code,'' and inserting ``section 240 of the
Immigration and Nationality Act''.
(B) Section 130002(a) of Public Law 103-322, as amended by
section 361(a), is amended by striking ``242(a)(3)(A)'' and
inserting ``236(d)''.
(C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before
redesignation as section 238 by section 308(b)(5), is amended
by striking ``242(b)'' and inserting ``240''.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5), is
amended by striking ``242(b)'' and inserting ``240''.
(E) Section 1821(e) of title 28, United States Code, is
amended by striking ``242(b)'' and inserting ``240''.
(F) Section 130007(a) of Public Law 103-322 is amended by
striking ``242(i)'' and inserting ``239(d)''.
(G) Section 20301(c) of Public Law 103-322 is amended by
striking ``242(j)(5)'' and ``242(j)'' and inserting
``241(h)(5)'' and ``241(h)'', respectively.
(6) References to section 242b.--
(A) Section 303(d)(2) of the Immigration Act of 1990 is
amended by striking ``242B'' and inserting ``240(b)(5)''.
(B) Section 545(g)(1)(B) of the Immigration Act of 1990 is
amended by striking ``242B(a)(4)'' and inserting
``239(a)(4)''.
(7) References to section 243.--
(A) Section 214(d) (8 U.S.C. 1184(d)) is amended by
striking ``243'' and inserting ``241''.
(B)(i) Section 315(c) of the Immigration Reform and Control
Act of 1986 is amended by striking ``243(g)'' and
``1253(g)''and inserting ``243(d)'' and ``1253(d)''
respectively.
(ii) Section 702(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1988 is amended by striking ``243(g)''
and inserting ``243(d)''.
(iii) Section 903(b) of Public Law 100-204 is amended by
striking ``243(g)'' and inserting ``243(d)''.
(C)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 (7
U.S.C. 2015(f)(2)(F)) is amended by striking ``243(h)'' and
inserting ``241(b)(3)''.
(ii) Section 214(a)(5) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by
striking ``243(h)'' and inserting ``241(b)(3)''.
(D)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C.
1254a), before redesignated as section 244 by section
308(b)(7), is amended by striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(ii) Section 301(e)(2) of the Immigration Act of 1990 is
amended by striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(E) Section 316(f) (8 U.S.C. 1427(f)) is amended by
striking ``subparagraphs (A) through (D) of paragraph
243(h)(2)'' and inserting ``clauses (i) through (v) of
section 208(b)(2)(A)''.
(8) References to section 244.--
(A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and
subsection (e) of section 244A (8 U.S.C. 1254a), before
redesignation as section 244 by section 308(b)(7), are each
amended by striking ``244(a)'' and inserting ``240A(a)''.
(ii) Section 304(c)(1)(B) of the Miscellaneous and
Technical Immigration and Naturalization Amendments of 1991
(Public Law 102-232) is amended by striking ``244(a)'' and
inserting ``240A(a)''.
(B) Section 304(c)(1)(B) of the Miscellaneous and Technical
Immigration and Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(b)(2)'' and inserting
``240A(b)(2)''.
(C) Section 364(a)(2) of this Act is amended by striking
``244(a)(3)'' and inserting ``240A(a)(3)''.
(9) References to chapter 5.--
(A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b),
1306(c), 1361) are each amended by striking ``chapter 5'' and
inserting ``chapter 4''.
(B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C.
855(b)) is amended by striking ``chapter 5, title II, of the
Immigration and Nationality Act (66 Stat. 163)'' and
inserting ``chapter 4 of title II of the Immigration and
Nationality Act''.
(10) Miscellaneous cross-reference corrections for newly
added provisions.--
(A) Section 245(c)(6), as amended by section 332(d), is
amended by striking ``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(B) Section 249(d), as amended by section 332(e), is
amended by striking ``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(C) Section 276(b)(3), as inserted by section 321(b), is
amended by striking ``excluded'' and ``excludable'' and
inserting ``removed'' and ``inadmissible'', respectively.
(D) Section 505(c)(7), as added by section 321(a)(1), is
amended by amending subparagraphs (B) through (D) to read as
follows:
``(B) Withholding of removal under section 241(b)(3).
``(C) Cancellation of removal under section 240A.
``(D) Voluntary departure under section 240B.''.
(E) Section 506(b)(2)(B), as added by section 321(a)(1), is
amended by striking ``deportation'' and inserting
``removal''.
(F) Section 508(c)(2)(D), as added by section 321(a)(1), is
amended by striking ``exclusion because such alien is
excludable'' and inserting ``removal because such alien is
inadmissible''.
(G) Section 130007(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended by
section 851(a)(6), is amended by striking ``242A(a)(3)'' and
inserting ``238(a)(3)''.
(H) Section 212(h), as amended by section 301(h), is
amended by striking ``section 212(c)'' and inserting
``paragraphs (1) and (2) of section 240A(a)''.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) In General.--Except as provided in this section and
sections 301(f), 301(h), or 306(c), this subtitle and the
amendments made by
[[Page 543]]
this subtitle shall take effect on the first day of the first
month beginning more than 180 days after the date of the
enactment of this Act (in this title referred to as the
``title III-A effective date'').
(b) Promulgation of Regulations.--The Attorney General
shall first promulgate regulations to carry out this subtitle
by not later than 30 days before the title III-A effective
date.
(c) Transition for Aliens in Proceedings.--
(1) General rule that new rules do not apply.--Subject to
the succeeding provisions of this subsection, in the case of
an alien who is in exclusion or deportation proceedings as of
the title III-A effective date--
(A) the amendments made by this subtitle shall not apply,
and
(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
(2) Attorney general option to elect to apply new
procedures.--In a case described in paragraph (1) in which an
evidentiary hearing under section 236 or 242 and 242B of the
Immigration and Nationality Act has not commenced as of the
title III-A effective date, the Attorney General may elect to
proceed under chapter 4 of title II of such Act (as amended
by this subtitle). The Attorney General shall provide notice
of such election to the alien involved not later than 30 days
before the date any evidentiary hearing is commenced. If the
Attorney General makes such election, the notice of hearing
provided to the alien under section 235 or 242(a) of such Act
shall be valid as if provided under section 239 of such Act
(as amended by this subtitle) to confer jurisdiction on the
immigration judge.
(3) Attorney general option to terminate and reinitiate
proceedings.--In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by this
subtitle). Any determination in the terminated proceeding
shall not be binding in the reinitiated proceeding.
(4) Transitional changes in judicial review.--In the case
described in paragraph (1) in which a final order of
exclusion or deportation is entered more than 30 days after
the date of the enactment of this Act, notwithstanding any
provision of section 106 of the Immigration and Nationality
Act (as in effect as of the date of the enactment of this
Act) to the contrary--
(A) in the case of judicial review of a final order of
exclusion, subsection (b) of such section shall not apply and
the action for judicial review shall be governed by the
provisions of subsections (a) and (c) of such in the same
manner as they apply to judicial review of orders of
deportation;
(B) a court may not order the taking of additional evidence
under section 2347(c) of title 28, United States Code;
(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of
exclusion or deportation; and
(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the
administrative proceedings before the special inquiry officer
or immigration judge were completed.
(5) Transitional rule with regard to suspension of
deportation.--Paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act (relating to continuous
residence or physical presence) shall apply to notices to
appear issued after the date of the enactment of this Act.
(6) Transition for certain family unity aliens.--The
Attorney General may waive the application of section
212(a)(9) of the Immigration and Nationality Act, as inserted
by section 301(b)(1), in the case of an alien who is provided
benefits under the provisions of section 301 of the
Immigration Act of 1990 (relating to family unity).
(7) Limitation on suspension of deportation.--The Attorney
General may not suspend the deportation and adjust the status
under section 244 of the Immigration and Nationality Act of
more than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous sentence
shall apply regardless of when an alien applied for such
suspension and adjustment.
(d) Transitional References.--For purposes of carrying out
the Immigration and Nationality Act, as amended by this
subtitle--
(1) any reference in section 212(a)(1)(A) of such Act to
the term ``inadmissible'' is deemed to include a reference to
the term ``excludable'', and
(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and
deportation or an order of deportation.
(e) Transition.--No period of time before the date of the
enactment of this Act shall be included in the period of 1
year described in section 212(a)(6)(B)(i) of the Immigration
and Nationality Act (as amended by section 301(c)).
Subtitle B--Removal of Alien Terrorists
PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) In General.--The Immigration and Nationality Act is
amended--
(1) by adding at the end of the table of contents the
following:
``Title V--Special Removal Procedures for Alien Terrorists
``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys
to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Requiring Congressional review of world-wide levels every 5
years.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'',
and
(2) by adding at the end the following new title:
``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
``definitions
``Sec. 501. In this title:
``(1) The term `alien terrorist' means an alien described
in section 241(a)(4)(B).
``(2) The term `classified information' has the meaning
given such term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.).
``(3) The term `national security' has the meaning given
such term in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App.).
``(4) The term `special attorney' means an attorney who is
on the panel established under section 502(e).
``(5) The term `special removal court' means the court
established under section 502(a).
``(6) The term `special removal hearing' means a hearing
under section 505.
``(7) The term `special removal proceeding' means a
proceeding under this title.
``establishment of special removal court; panel of attorneys to assist
with classified information
``Sec. 502. (a) In General.--The Chief Justice of the
United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to
conduct all special removal proceedings.
``(b) Terms.--Each judge designated under subsection (a)
shall serve for a term of 5 years and shall be eligible for
redesignation, except that the four associate judges first so
designated shall be designated for terms of one, two, three,
and four years so that the term of one judge shall expire
each year.
``(c) Chief Judge.--The Chief Justice shall publicly
designate one of the judges of the special removal court to
be the chief judge of the court. The chief judge shall
promulgate rules to facilitate the functioning of the court
and shall be responsible for assigning the consideration of
cases to the various judges.
``(d) Expeditious and Confidential Nature of Proceedings.--
The provisions of section 103(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
proceedings under this title in the same manner as they apply
to proceedings under such Act.
``(e) Establishment of Panel of Special Attorneys.--The
special removal court shall provide for the designation of a
panel of attorneys each of whom--
``(1) has a security clearance which affords the attorney
access to classified information, and
``(2) has agreed to represent permanent resident aliens
with respect to classified information under section 506 in
accordance with (and subject to the penalties under) this
title.
``application for initiation of special removal proceeding
``Sec. 503. (a) In General.--Whenever the Attorney General
has classified information that an alien is an alien
terrorist, the Attorney General, in the Attorney General's
discretion, may seek removal of the alien under this title
through the filing of a written application described in
subsection (b) with the special removal court seeking an
order authorizing a special removal proceeding under this
title. The application shall be submitted in camera and ex
parte and shall be filed under seal with the court.
``(b) Contents of Application.--Each application for a
special removal proceeding shall include all of the
following:
``(1) The identity of the Department of Justice attorney
making the application.
``(2) The approval of the Attorney General or the Deputy
Attorney General for the filing of the application based upon
a finding by that individual that the application satisfies
the criteria and requirements of this title.
``(3) The identity of the alien for whom authorization for
the special removal proceedings is sought.
``(4) A statement of the facts and circumstances relied on
by the Department of Justice to establish that--
``(A) the alien is an alien terrorist and is physically
present in the United States, and
``(B) with respect to such alien, adherence to the
provisions of title II regarding the removal of aliens would
pose a risk to the national security of the United States.
``(5) An oath or affirmation respecting each of the facts
and statements described in the previous paragraphs.
``(c) Right to Dismiss.--The Department of Justice retains
the right to dismiss a removal action under this title at any
stage of the proceeding.
[[Page 544]]
``consideration of application
``Sec. 504. (a) In General.--In the case of an application
under section 503 to the special removal court, a single
judge of the court shall be assigned to consider the
application. The judge, in accordance with the rules of the
court, shall consider the application and may consider other
information, including classified information, presented
under oath or affirmation. The judge shall consider the
application (and any hearing thereof) in camera and ex parte.
A verbatim record shall be maintained of any such hearing.
``(b) Approval of Order.--The judge shall enter ex parte
the order requested in the application if the judge finds, on
the basis of such application and such other information (if
any), that there is probable cause to believe that--
``(1) the alien who is the subject of the application has
been correctly identified and is an alien terrorist, and
``(2) adherence to the provisions of title II regarding the
removal of the identified alien would pose a risk to the
national security of the United States.
``(c) Denial of Order.--If the judge denies the order
requested in the application, the judge shall prepare a
written statement of the judge's reasons for the denial.
``(d) Exclusive Provisions.--Whenever an order is issued
under this section with respect to an alien--
``(1) the alien's rights regarding removal and expulsion
shall be governed solely by the provisions of this title, and
``(2) except as they are specifically referenced, no other
provisions of this Act shall be applicable.
``special removal hearings
``Sec. 505. (a) In General.--In any case in which the
application for the order is approved under section 504, a
special removal hearing shall be conducted under this section
for the purpose of determining whether the alien to whom the
order pertains should be removed from the United States on
the grounds that the alien is an alien terrorist. Consistent
with section 506, the alien shall be given reasonable notice
of the nature of the charges against the alien and a general
account of the basis for the charges. The alien shall be
given notice, reasonable under all the circumstances, of the
time and place at which the hearing will be held. The hearing
shall be held as expeditiously as possible.
``(b) Use of Same Judge.--The special removal hearing shall
be held before the same judge who granted the order pursuant
to section 504 unless that judge is deemed unavailable due to
illness or disability by the chief judge of the special
removal court, or has died, in which case the chief judge
shall assign another judge to conduct the special removal
hearing. A decision by the chief judge pursuant to the
preceding sentence shall not be subject to review by either
the alien or the Department of Justice.
``(c) Rights in Hearing.--
``(1) Public hearing.--The special removal hearing shall be
open to the public.
``(2) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled
to have counsel assigned to represent the alien. Such counsel
shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable
to obtain adequate representation for the district in which
the hearing is conducted, as provided for in section 3006A of
title 18, United States Code. All provisions of that section
shall apply and, for purposes of determining the maximum
amount of compensation, the matter shall be treated as if a
felony was charged.
``(3) Introduction of evidence.--The alien shall have a
right to introduce evidence on the alien's own behalf.
``(4) Examination of witnesses.--Except as provided in
section 506, the alien shall have a reasonable opportunity to
examine the evidence against the alien and to cross-examine
any witness.
``(5) Record.--A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a
hearing shall be kept.
``(6) Decision based on evidence at hearing.--The decision
of the judge in the hearing shall be based only on the
evidence introduced at the hearing, including evidence
introduced under subsection (e).
``(7) No right to ancillary relief.--In the hearing, the
judge is not authorized to consider or provide for relief
from removal based on any of the following:
``(A) Asylum under section 208.
``(B) Withholding of deportation under section 243(h).
``(C) Suspension of deportation under section 244(a).
``(D) Voluntary departure under section 244(e).
``(E) Adjustment of status under section 245.
``(F) Registry under section 249.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
special removal hearing, either the alien or the Department
of Justice may request the judge to issue a subpoena for the
presence of a named witness (which subpoena may also command
the person to whom it is directed to produce books, papers,
documents, or other objects designated therein) upon a
satisfactory showing that the presence of the witness is
necessary for the determination of any material matter. Such
a request may be made ex parte except that the judge shall
inform the Department of Justice of any request for a
subpoena by the alien for a witness or material if compliance
with such a subpoena would reveal evidence or the source of
evidence which has been introduced, or which the Department
of Justice has received permission to introduce, in camera
and ex parte pursuant to subsection (e) and section 506, and
the Department of Justice shall be given a reasonable
opportunity to oppose the issuance of such a subpoena.
``(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the alien is
financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the
process and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this subsection
may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as a
witness subpoenaed in connection with a civil proceeding in a
court of the United States.
``(5) No access to classified information.--Nothing in this
subsection is intended to allow an alien to have access to
classified information.
``(e) Introduction of Classified Information.--
``(1) In general.--When classified information has been
summarized pursuant to section 506(b) or where a finding has
been made under section 506(b)(5) that no summary is
possible, classified information shall be introduced (either
in writing or through testimony) in camera and ex parte and
neither the alien nor the public shall be informed of such
evidence or its sources other than through reference to the
summary provided pursuant to such section. Notwithstanding
the previous sentence, the Department of Justice may, in its
discretion and, in the case of classified information, after
coordination with the originating agency, elect to introduce
such evidence in open session.
``(2) Treatment of electronic surveillance information.--
``(A) Use of electronic surveillance.--The Government is
authorized to use in a special removal proceedings the fruits
of electronic surveillance and unconsented physical searches
authorized under the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) without regard to subsections
(c), (e), (f), (g), and (h) of section 106 of that Act.
``(B) No discovery of electronic surveillance
information.--An alien subject to removal under this title
shall have no right of discovery of information derived from
electronic surveillance authorized under the Foreign
Intelligence Surveillance Act of 1978 or otherwise for
national security purposes. Nor shall such alien have the
right to seek suppression of evidence.
``(C) Certain procedures not applicable.--The provisions
and requirements of section 3504 of title 18, United States
Code, shall not apply to procedures under this title.
``(3) Rights of united states.--Nothing in this section
shall prevent the United States from seeking protective
orders and from asserting privileges ordinarily available to
the United States to protect against the disclosure of
classified information, including the invocation of the
military and state secrets privileges.
``(f) Inclusion of Certain Evidence.--The Federal Rules of
Evidence shall not apply to hearings under this section.
Evidence introduced at the special removal hearing, either in
open session or in camera and ex parte, may, in the
discretion of the Department of Justice, include all or part
of the information presented under section 504 used to obtain
the order for the hearing under this section.
``(g) Arguments.--Following the receipt of evidence, the
attorneys for the Department of Justice and for the alien
shall be given fair opportunity to present argument as to
whether the evidence is sufficient to justify the removal of
the alien. The attorney for the Department of Justice shall
open the argument. The attorney for the alien shall be
permitted to reply. The attorney for the Department of
Justice shall then be permitted to reply in rebuttal. The
judge may allow any part of the argument that refers to
evidence received in camera and ex parte to be heard in
camera and ex parte.
``(h) Burden of Proof.--In the hearing the Department of
Justice has the burden of showing by clear and convincing
evidence that the alien is subject to removal because the
alien is an alien terrorist. If the judge finds that the
Department of Justice has met this burden, the judge shall
order the alien removed and detained pending removal from the
United States. If the alien was released pending the special
removal hearing, the judge shall order the Attorney General
to take the alien into custody.
``(i) Written Order.--At the time of rendering a decision
as to whether the alien shall be removed, the judge shall
prepare a written order containing a statement of facts found
and conclusions of law. Any portion of the order that would
reveal the substance or source of information received in
camera and ex parte pursuant to subsection (e) shall not be
made available to the alien or the public.
``consideration of classified information
``Sec. 506. (a) Consideration In Camera and Ex Parte.--In
any case in which the application for the order authorizing
the spe
[[Page 545]]
cial procedures of this title is approved, the judge who
granted the order shall consider each item of classified
information the Department of Justice proposes to introduce
in camera and ex parte at the special removal hearing and
shall order the introduction of such information pursuant to
section 505(e) if the judge determines the information to be
relevant.
``(b) Preparation and Provision of Written Summary.--
``(1) Preparation.--The Department of Justice shall prepare
a written summary of such classified information which does
not pose a risk to national security.
``(2) Conditions for approval by judge and provision to
alien.--The judge shall approve the summary so long as the
judge finds that the summary is sufficient--
``(A) to inform the alien of the general nature of the
evidence that the alien is an alien terrorist, and
``(B) to permit the alien to prepare a defense against
deportation.
The Department of Justice shall cause to be delivered to the
alien a copy of the summary.
``(3) Opportunity for correction and resubmittal.--If the
judge does not approve the summary, the judge shall provide
the Department a reasonable opportunity to correct the
deficiencies identified by the court and to submit a revised
summary.
``(4) Conditions for termination of proceedings if summary
not approved.--
``(A) In general.--If, subsequent to the opportunity
described in paragraph (3), the judge does not approve the
summary, the judge shall terminate the special removal
hearing unless the judge makes the findings described in
subparagraph (B).
``(B) Findings.--The findings described in this
subparagraph are, with respect to an alien, that--
``(i) the continued presence of the alien in the United
States would likely cause serious and irreparable harm to the
national security or death or serious bodily injury to any
person, and
``(ii) the provision of the required summary would likely
cause serious and irreparable harm to the national security
or death or serious bodily injury to any person.
``(5) Continuation of hearing without summary.--If a judge
makes the findings described in paragraph (4)(B)--
``(A) if the alien involved is an alien lawfully admitted
for permanent residence, the procedures described in
subsection (c) shall apply; and
``(B) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in camera
and ex parte may be used pursuant to section 505(e).
``(c) Special Procedures for Access and Challenges to
Classified Information by Special Attorneys in Case of Lawful
Permanent Aliens.--
``(1) In general.--The procedures described in this
subsection are that the judge (under rules of the special
removal court) shall designate a special attorney to assist
the alien--
``(A) by reviewing in camera the classified information on
behalf of the alien, and
``(B) by challenging through an in camera proceeding the
veracity of the evidence contained in the classified
information.
``(2) Restrictions on disclosure.--A special attorney
receiving classified information under paragraph (1)--
``(A) shall not disclose the information to the alien or to
any other attorney representing the alien, and
``(B) who discloses such information in violation of
subparagraph (A) shall be subject to a fine under title 18,
United States Code, imprisoned for not less than 10 years nor
more than 25 years, or both.
``appeals
``Sec. 507. (a) Appeals of Denials of Applications for
Orders.--The Department of Justice may seek a review of the
denial of an order sought in an application by the United
States Court of Appeals for the District of Columbia Circuit
by notice of appeal which must be filed within 20 days after
the date of such denial. In such a case the entire record of
the proceeding shall be transmitted to the Court of Appeals
under seal and the Court of Appeals shall hear the matter ex
parte. In such a case the Court of Appeals shall review
questions of law de novo, but a prior finding on any question
of fact shall not be set aside unless such finding was
clearly erroneous.
``(b) Appeals of Determinations About Summaries of
Classified Information.--Either party may take an
interlocutory appeal to the United States Court of Appeals
for the District of Columbia Circuit of--
``(1) any determination by the judge pursuant to section
506(a)--
``(A) concerning whether an item of evidence may be
introduced in camera and ex parte, or
``(B) concerning the contents of any summary of evidence to
be introduced in camera and ex parte prepared pursuant to
section 506(b); or
``(2) the refusal of the court to make the findings
permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this
subsection, the entire record, including any proposed order
of the judge or summary of evidence, shall be transmitted to
the Court of Appeals under seal and the matter shall be heard
ex parte.
``(c) Appeals of Decision in Hearing.--
``(1) In general.--Subject to paragraph (2), the decision
of the judge after a special removal hearing may be appealed
by either the alien or the Department of Justice to the
United States Court of Appeals for the District of Columbia
Circuit by notice of appeal.
``(2) Automatic appeals in cases of permanent resident
aliens in which no summary provided.--
``(A) In general.--Unless the alien waives the right to a
review under this paragraph, in any case involving an alien
lawfully admitted for permanent residence who is denied a
written summary of classified information under section
506(b)(4) and with respect to which the procedures described
in section 506(c) apply, any order issued by the judge shall
be reviewed by the Court of Appeals for the District of
Columbia Circuit.
``(B) Use of special attorney.--With respect to any issue
relating to classified information that arises in such
review, the alien shall be represented only by the special
attorney designated under section 506(c)(1) on behalf of the
alien.
``(d) General Provisions Relating to Appeals.--
``(1) Notice.--A notice of appeal pursuant to subsection
(b) or (c) (other than under subsection (c)(2)) must be filed
within 20 days after the date of the order with respect to
which the appeal is sought, during which time the order shall
not be executed.
``(2) Transmittal of record.--In an appeal or review to the
Court of Appeals pursuant to subsection (b) or (c)--
``(A) the entire record shall be transmitted to the Court
of Appeals, and
``(B) information received pursuant to section 505(e), and
any portion of the judge's order that would reveal the
substance or source of such information, shall be transmitted
under seal.
``(3) Expedited appellate proceeding.--In an appeal or
review to the Court of Appeals pursuant to subsection (b) or
(c):
``(A) Review.--The appeal or review shall be heard as
expeditiously as practicable and the Court may dispense with
full briefing and hear the matter solely on the record of the
judge of the special removal court and on such briefs or
motions as the Court may require to be filed by the parties.
``(B) Disposition.--The Court shall uphold or reverse the
judge's order within 60 days after the date of the issuance
of the judge's final order.
``(4) Standard for review.--In an appeal or review to the
Court of Appeals pursuant to subsection (b) or (c):
``(A) Questions of law.--The Court of Appeals shall review
all questions of law de novo.
``(B) Questions of fact.--(i) Subject to clause (ii), a
prior finding on any question of fact shall not be set aside
unless such finding was clearly erroneous.
``(ii) In the case of a review under subsection (c)(2) in
which an alien lawfully admitted for permanent residence was
denied a written summary of classified information under
section 506(b)(4), the Court of Appeals shall review
questions of fact de novo.
``(e) Certiorari.--Following a decision by the Court of
Appeals pursuant to subsection (b) or (c), either the alien
or the Department of Justice may petition the Supreme Court
for a writ of certiorari. In any such case, any information
transmitted to the Court of Appeals under seal shall, if such
information is also submitted to the Supreme Court, be
transmitted under seal. Any order of removal shall not be
stayed pending disposition of a writ of certiorari except as
provided by the Court of Appeals or a Justice of the Supreme
Court.
``(f) Appeals of Detention Orders.--
``(1) In general.-- The provisions of sections 3145 through
3148 of title 18, United States Code, pertaining to review
and appeal of a release or detention order, penalties for
failure to appear, penalties for an offense committed while
on release, and sanctions for violation of a release
condition shall apply to an alien to whom section 508(b)(1)
applies. In applying the previous sentence--
``(A) for purposes of section 3145 of such title an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit, and
``(B) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of
an offense punishable by life imprisonment.
``(2) No review of continued detention.--The determinations
and actions of the Attorney General pursuant to section
508(c)(2)(C) shall not be subject to judicial review,
including application for a writ of habeas corpus, except for
a claim by the alien that continued detention violates the
alien's rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United States
Court of Appeals for the District of Columbia Circuit.
``detention and custody
``Sec. 508. (a) Initial Custody.--
``(1) Upon filing application.--Subject to paragraph (2),
the Attorney General may take into custody any alien with
respect to whom an application under section 503 has been
filed and, notwithstanding any other provision of law, may
retain such an alien in custody in accordance with the
procedures authorized by this title.
``(2) Special rules for permanent resident aliens.--An
alien lawfully admitted for permanent residence shall be
entitled to a release hearing before the judge assigned to
hear the special removal hearing. Such an alien shall be
detained pending the special removal hearing, unless the
alien demonstrates to the court that--
``(A) the alien, if released upon such terms and conditions
as the court may prescribe
[[Page 546]]
(including the posting of any monetary amount), is not likely
to flee, and
``(B) the alien's release will not endanger national
security or the safety of any person or the community.
The judge may consider classified information submitted in
camera and ex parte in making a determination under this
paragraph.
``(3) Release if order denied and no review sought.--
``(A) In general.--Subject to subparagraph (B), if a judge
of the special removal court denies the order sought in an
application with respect to an alien and the Department of
Justice does not seek review of such denial, the alien shall
be released from custody.
``(B) Application of regular procedures.--Subparagraph (A)
shall not prevent the arrest and detention of the alien
pursuant to title II.
``(b) Conditional Release If Order Denied and Review
Sought.--
``(1) In general.--If a judge of the special removal court
denies the order sought in an application with respect to an
alien and the Department of Justice seeks review of such
denial, the judge shall release the alien from custody
subject to the least restrictive condition or combination of
conditions of release described in section 3142(b) and
clauses (i) through (xiv) of section 3142(c)(1)(B) of title
18, United States Code, that will reasonably assure the
appearance of the alien at any future proceeding pursuant to
this title and will not endanger the safety of any other
person or the community.
``(2) No release for certain aliens.--If the judge finds no
such condition or combination of conditions, the alien shall
remain in custody until the completion of any appeal
authorized by this title.
``(c) Custody and Release After Hearing.--
``(1) Release.--
``(A) In general.--Subject to subparagraph (B), if the
judge decides pursuant to section 505(i) that an alien should
not be removed, the alien shall be released from custody.
``(B) Custody pending appeal.--If the Attorney General
takes an appeal from such decision, the alien shall remain in
custody, subject to the provisions of section 3142 of title
18, United States Code.
``(2) Custody and removal.--
``(A) Custody.--If the judge decides pursuant to section
505(i) that an alien shall be removed, the alien shall be
detained pending the outcome of any appeal. After the
conclusion of any judicial review thereof which affirms the
removal order, the Attorney General shall retain the alien in
custody and remove the alien to a country specified under
subparagraph (B).
``(B) Removal.--
``(i) In general.--The removal of an alien shall be to any
country which the alien shall designate if such designation
does not, in the judgment of the Attorney General, in
consultation with the Secretary of State, impair the
obligation of the United States under any treaty (including a
treaty pertaining to extradition) or otherwise adversely
affect the foreign policy of the United States.
``(ii) Alternate countries.--If the alien refuses to
designate a country to which the alien wishes to be removed
or if the Attorney General, in consultation with the
Secretary of State, determines that removal of the alien to
the country so designated would impair a treaty obligation or
adversely affect United States foreign policy, the Attorney
General shall cause the alien to be removed to any country
willing to receive such alien.
``(C) Continued detention.--If no country is willing to
receive such an alien, the Attorney General may,
notwithstanding any other provision of law, retain the alien
in custody. The Attorney General, in coordination with the
Secretary of State, shall make periodic efforts to reach
agreement with other countries to accept such an alien and at
least every 6 months shall provide to the attorney
representing the alien at the special removal hearing a
written report on the Attorney General's efforts. Any alien
in custody pursuant to this subparagraph shall be released
from custody solely at the discretion of the Attorney General
and subject to such conditions as the Attorney General shall
deem appropriate.
``(D) Fingerprinting.--Before an alien is transported out
of the United States pursuant to this subsection, or pursuant
to an order of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be photographed
and fingerprinted, and shall be advised of the provisions of
subsection 276(b).
``(d) Continued Detention Pending Trial.--
``(1) Delay in removal.--Notwithstanding the provisions of
subsection (c)(2), the Attorney General may hold in abeyance
the removal of an alien who has been ordered removed pursuant
to this title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sentence of
confinement resulting from such a trial.
``(2) Maintenance of custody.--Pending the commencement of
any service of a sentence of confinement by an alien
described in paragraph (1), such an alien shall remain in the
custody of the Attorney General, unless the Attorney General
determines that temporary release of the alien to the custody
of State authorities for confinement in a State facility is
appropriate and would not endanger national security or
public safety.
``(3) Subsequent removal.--Following the completion of a
sentence of confinement by an alien described in paragraph
(1) or following the completion of State criminal proceedings
which do not result in a sentence of confinement of an alien
released to the custody of State authorities pursuant to
paragraph (2), such an alien shall be returned to the custody
of the Attorney General who shall proceed to carry out the
provisions of subsection (c)(2) concerning removal of the
alien.
``(e) Application of Certain Provisions Relating to Escape
of Prisoners.--For purposes of sections 751 and 752 of title
18, United States Code, an alien in the custody of the
Attorney General pursuant to this title shall be subject to
the penalties provided by those sections in relation to a
person committed to the custody of the Attorney General by
virtue of an arrest on a charge of a felony.
``(f) Rights of Aliens in Custody.--
``(1) Family and attorney visits.--An alien in the custody
of the Attorney General pursuant to this title shall be given
reasonable opportunity to communicate with and receive visits
from members of the alien's family, and to contact, retain,
and communicate with an attorney.
``(2) Diplomatic contact.--An alien in the custody of the
Attorney General pursuant to this title shall have the right
to contact an appropriate diplomatic or consular official of
the alien's country of citizenship or nationality or of any
country providing representation services therefore. The
Attorney General shall notify the appropriate embassy,
mission, or consular office of the alien's detention.''.
(b) Criminal Penalty for Reentry of Alien Terrorists.--
Section 276(b) (8 U.S.C. 1326(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who has been excluded from the United States pursuant
to subsection 235(c) because the alien was excludable under
subsection 212(a)(3)(B) or who has been removed from the
United States pursuant to the provisions of title V, and who
thereafter, without the permission of the Attorney General,
enters the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned for a
period of 10 years, which sentence shall not run concurrently
with any other sentence.''.
(c) Elimination of Custody Review by Habeas Corpus.--
Section 106(a) (8 U.S.C. 1105a(a)) is amended--
(1) by adding ``and'' at the end of paragraph (8),
(2) by striking ``; and'' at the end of paragraph (9) and
inserting a period, and
(3) by striking paragraph (10).
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to all aliens without regard to the date of
entry or attempted entry into the United States.
SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN
TERRORISTS.
In addition to amounts otherwise appropriated, there are
authorized to be appropriated for each fiscal year (beginning
with fiscal year 1996) $5,000,000 to the Immigration and
Naturalization Service for the purpose of detaining and
removing alien terrorists.
PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS
SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF
INADMISSIBILITY.
(a) In General.--Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I),
(B) in subclause (II), by inserting ``engaged in or'' after
``believe,'', and
(C) by inserting after subclause (II) the following:
``(III) is a representative of a terrorist organization, or
``(IV) is a member of a terrorist organization which the
alien knows or should have known is a terrorist
organization,''; and
(2) by adding at the end the following:
``(iv) Terrorist organization defined.--
``(I) Designation.--For purposes of this Act, the term
`terrorist organization' means a foreign organization
designated in the Federal Register as a terrorist
organization by the Secretary of State, in consultation with
the Attorney General, based upon a finding that the
organization engages in, or has engaged in, terrorist
activity that threatens the national security of the United
States.
``(II) Process.--At least 3 days before designating an
organization as a terrorist organization through publication
in the Federal Register, the Secretary of State, in
consultation with the Attorney General, shall notify the
Committees on the Judiciary of the House of Representatives
and the Senate of the intent to make such designation and the
findings and basis for designation. The Secretary of State,
in consultation with the Attorney General, shall create an
administrative record and may use classified information in
making such a designation. Such information is not subject to
disclosure so long as it remains classified, except that it
may be disclosed to a court ex parte and in camera under
subclause (III) for purposes of judicial review of such a
designation. The Secretary of State, in consultation with the
Attorney General, shall provide notice and an opportunity for
public comment prior to the creation of the administrative
record under this subclause.
[[Page 547]]
``(III) Judicial review.--Any organization designated as a
terrorist organization under the preceding provisions of this
clause may, not later than 30 days after the date of the
designation, seek judicial review thereof in the United
States Court of Appeals for the District of Columbia Circuit.
Such review shall be based solely upon the administrative
record, except that the Government may submit, for ex parte
and in camera review, classified information considered in
making the designation. The court shall hold unlawful and set
aside the designation if the court finds the designation to
be arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law, lacking substantial
support in the administrative record taken as a whole or in
classified information submitted to the court under the
previous sentence, contrary to constitutional right, power,
privilege, or immunity, or not in accord with the procedures
required by law.
``(IV) Congressional removal authority.--The Congress
reserves the authority to remove, by law, the designation of
an organization as a terrorist organization for purposes of
this Act.
``(V) Sunset.--Subject to subclause (IV), the designation
under this clause of an organization as a terrorist
organization shall be effective for a period of 2 years from
the date of the initial publication of the terrorist
organization designation by the Secretary of State. At the
end of such period (but no sooner than 60 days prior to the
termination of the 2-year-designation period), the Secretary
of State, in consultation with the Attorney General, may
redesignate the organization in conformity with the
requirements of this clause for designation of the
organization.
``(VI) Removal authority.--The Secretary of State, in
consultation with the Attorney General, may remove the
terrorist organization designation from any organization
previously designated as such an organization, at any time,
so long as the Secretary publishes notice of the removal in
the Federal Register. The Secretary is not required to report
to Congress prior to so removing such designation.
``(v) Representative defined.--
``(I) In general.--In this subparagraph, the term
`representative' includes an officer, official, or spokesman
of the organization and any person who directs, counsels,
commands or induces the organization or its members to engage
in terrorist activity.
``(II) Judicial review.--The determination under this
subparagraph that an alien is a representative of a terrorist
organization shall be subject to judicial review under
section 706 of title 5, United States Code.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.
(a) Withholding of Deportation.--Subsection (h)(2) of
section 243 (8 U.S.C. 1253), before amendment by section
307(a), is amended by adding at the end the following new
sentence: ``For purposes of subparagraph (D), an alien who is
described in section 241(a)(4)(B) shall be considered to be
an alien for whom there are reasonable grounds for regarding
as a danger to the security of the United States.''.
(b) Suspension of Deportation.--Section 244(a) (8 U.S.C.
1254(a)), before amendment by section 308(b), is amended by
striking ``section 241(a)(4)(D)'' and inserting
``subparagraph (B) or (D) of section 241(a)(4)''.
(c) Voluntary Departure.--Section 244(e)(2) (8 U.S.C.
1254(e)(2)), before amendment by section 308(b), is amended
by inserting ``under section 241(a)(4)(B) or'' after ``who is
deportable''.
(d) Adjustment of Status.--Section 245(c) (8 U.S.C.
1255(c)) is amended--
(1) by striking ``or'' before ``(5)'', and
(2) by inserting before the period at the end the
following: ``, or (6) an alien who is deportable under
section 241(a)(4)(B)''.
(e) Registry.--Section 249(d) (8 U.S.C. 1259(d)) is amended
by inserting ``and is not deportable under section
241(a)(4)(B)'' after ``ineligible to citizenship''.
(f) Effective Date.--(1) The amendments made by this
section shall take effect on the date of the enactment of
this Act and shall apply to applications filed before, on, or
after such date if final action has not been taken on them
before such date.
(2) The amendments made by subsections (a) through (c) are
subsequently superseded by the amendments made by subtitle A.
Subtitle C--Deterring Transportation of Unlawful Aliens to the United
States
SEC. 341. DEFINITION OF STOWAWAY.
(a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) is
amended by adding the following new paragraph:
``(47) The term `stowaway' means any alien who obtains
transportation without the consent of the owner, charterer,
master or person in command of any vessel or aircraft through
concealment aboard such vessel or aircraft. A passenger who
boards with a valid ticket is not to be considered a
stowaway.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING.
(a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is
amended--
(1) by amending the first sentence to read as follows: ``In
connection with the arrival of any person by water or by air
at any port within the United States from any place outside
the United States, it shall be the duty of the master or
commanding officer, or authorized agent, owner, or consignee
of the vessel or aircraft, having such person on board to
deliver to the immigration officers at the port of arrival,
or other place designated by the Attorney General,
electronic, typewritten, or printed lists or manifests of the
persons on board such vessel or aircraft.'';
(2) in the second sentence, by striking ``shall be
prepared'' and inserting ``shall be prepared and submitted'';
and
(3) by inserting after the second sentence the following
sentence: ``Such lists or manifests shall contain, but not be
limited to, for each person transported, the person's full
name, date of birth, gender, citizenship, travel document
number (if applicable) and arriving flight number.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to vessels or aircraft arriving at ports of entry
on or after such date (not later than 60 days after the date
of the enactment of this Act) as the Attorney General shall
specify.
SEC. 343. PROVISIONS RELATING TO CONTRACTS WITH
TRANSPORTATION LINES.
(a) Coverage of Noncontiguous Territory.--Section 238 (8
U.S.C. 1228), before redesignation as section 233 under
section 308(b), is amended--
(1) in the heading, by striking ``contiguous'', and
(2) by striking ``contiguous'' each place it appears in
subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such
section is further amended by inserting `` or railroad
train'' after ``aircraft''.
Subtitle D--Additional Provisions
SEC. 351. DEFINITION OF CONVICTION.
(a) In General.--Section 101(a) (8 U.S.C. 1101(a)), as
amended by section 341(a), is amended by adding at the end
the following new paragraph:
``(48) The term `conviction' means a formal judgment of
guilt entered by a court or, if adjudication of guilt has
been withheld, where all of the following elements are
present:
``(A) A judge or jury has found the alien guilty or the
alien has entered a plea of guilty or nolo contendere or has
admitted sufficient facts to warrant a finding of guilt.
``(B) The judge has ordered some form of punishment,
penalty, or restraint on the alien's liberty to be imposed.
``(C) A judgment or adjudication of guilt may be entered if
the alien violates the terms of the probation or fails to
comply with the requirements of the court's order, without
availability of further proceedings regarding the alien's
guilt or innocence of the original charge.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to convictions entered before, on, or after the
date of the enactment of this Act.
SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.
(a) Definition of Term.--Paragraph (4) of section 101(b) (8
U.S.C. 1101(b)) is amended to read as follows:
``(4) The term `immigration judge' means an attorney whom
the Attorney General appoints as an administrative judge
within the Executive Office for Immigration Review, qualified
to conduct specified classes of proceedings, including a
hearing under section 240. An immigration judge shall be
subject to such supervision and shall perform such duties as
the Attorney General shall prescribe, but shall not be
employed by the Immigration and Naturalization Service.''.
(b) Substitution for Term ``Special Inquiry Officer''.--The
Immigration and Nationality Act is amended by striking ``a
special inquiry officer'', ``special inquiry officer'', and
``special inquiry officers'' and inserting ``an immigration
judge'', ``immigration judge'', and ``immigration judges'',
respectively, each place it appears in the following
sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before redesignation by
section 308(b).
(4) Section 235 (8 U.S.C. 1225), before redesignation by
section 308(b).
(5) Section 236 (8 U.S.C. 1226), before amendment by
section 303.
(6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by
section 306(a)(2).
(7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), before
amendment by section 306(a)(2).
(8) Section 292 (8 U.S.C. 1362).
(c) Compensation for Immigration Judges.--
(1) In general.--There shall be four levels of pay for
immigration judges, under the Immigration Judge Schedule
(designated as IJ-1, 2, 3, and 4, respectively), and each
such judge shall be paid at one of those levels, in
accordance with the provisions of this subsection.
(2) Rates of pay.--
(A) The rates of basic pay for the levels established under
paragraph (1) shall be as follows:
70% of the next to highest rate of basic pay for the Senior Executive .
Service
80% of the next to highest rate of basic pay for the Senior Executive .
Service
90% of the next to highest rate of basic pay for the Senior Executive .
Service
[[Page 548]]
92% of the next to highest rate of basic pay for the Senior Executive .
Service.
(B) Locality pay, where applicable, shall be calculated
into the basic pay for immigration judges.
(3) Appointment.--
(A) Upon appointment, an immigration judge shall be paid at
IJ-1, and shall be advanced to IJ-2 upon completion of 104
weeks of service, to IJ-3 upon completion of 104 weeks of
service in the next lower rate, and to IJ-4 upon completion
of 52 weeks of service in the next lower rate.
(B) The Attorney General may provide for appointment of an
immigration judge at an advanced rate under such
circumstances as the Attorney General may determine
appropriate.
(4) Transition.--Judges serving on the Immigration Court as
of the effective date shall be paid at the rate that
corresponds to the amount of time, as provided under
paragraph (3)(A), that they have served as an immigration
judge.
(d) Effective Dates.--
(1) Subsections (a) and (b) shall take effect on the date
of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after the date
of the enactment of this Act.
SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.
(a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is
amended by adding at the end the following sentence:
``Nothing in this subsection shall require the Attorney
General to rescind the alien's status prior to commencement
of procedures to remove the alien under section 240, and an
order of removal issued by an immigration judge shall be
sufficient to rescind the alien's status.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the title III-A effective date (as
defined in section 309(a)).
SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 274C the following new
section:
``civil penalties for failure to depart
``Sec. 274D. (a) In General.--Any alien subject to a final
order of removal who--
``(1) willfully fails or refuses to--
``(A) depart from the United States pursuant to the order,
``(B) make timely application in good faith for travel or
other documents necessary for departure, or
``(C) present for removal at the time and place required by
the Attorney General; or
``(2) conspires to or takes any action designed to prevent
or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
``(b) Construction.--Nothing in this section shall be
construed to diminish or qualify any penalties to which an
alien may be subject for activities proscribed by section
243(a) or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 274C the
following new item:
``Sec. 274D. Civil penalties for failure to depart.''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to actions occurring on or after the title III-A
effective date (as defined in section 309(a)).
SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.
(a) In General.--Section 279 (8 U.S.C. 1329) is amended--
(1) by amending the first sentence to read as follows:
``The district courts of the United States shall have
jurisdiction of all causes, civil and criminal, brought by
the United States that arise under the provisions of this
title.'', and
(2) by adding at the end the following new sentence:
``Nothing in this section shall be construed as providing
jurisdiction for suits against the United States or its
agencies or officers.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to actions filed after the date of the enactment
of this Act.
SEC. 356. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL
ALIENS IN INCARCERATION FACILITY OF ANAHEIM,
CALIFORNIA.
(a) Authority.--The Attorney General may conduct a project
demonstrating the feasibility of identifying, from among the
individuals who are incarcerated in local governmental prison
facilities prior to arraignment on criminal charges, those
individuals who are aliens unlawfully present in the United
States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within the city
of Anaheim, California and the county of Ventura, California,
of an employee of the Immigration and Naturalization Service
who has expertise in the identification of aliens unlawfully
in the United States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of the Service
necessary to identify unlawful aliens, and
(B) in the case of an individual identified as an unlawful
alien, pre-arraignment reporting to the court regarding the
Service's intention to remove the alien from the United
States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the
enactment of this Act.
SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL
REENTRY, AND PASSPORT AND VISA FRAUD.
(a) Failing to Depart.--The United States Sentencing
Commission shall promptly promulgate, pursuant to section 994
of title 28, United States Code, amendments to the sentencing
guidelines to make appropriate increases in the base offense
level for offenses under section 242(e) and 276(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(e) and
1326(b)) to reflect the amendments made by section 130001 of
the Violent Crime Control and Law Enforcement Act of 1994.
(b) Passport and Visa Offenses.--The United States
Sentencing Commission shall promptly promulgate, pursuant to
section 994 of title 28, United States Code, amendments to
the sentencing guidelines to make appropriate increases in
the base offense level for offenses under chapter 75 of title
18, United States Code to reflect the amendments made by
section 130009 of the Violent Crime Control and Law
Enforcement Act of 1994.
SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF
ALIENS.
In addition to the amounts otherwise authorized to be
appropriated for each fiscal year beginning with fiscal year
1996, there are authorized to be appropriated to the Attorney
General $150,000,000 for costs associated with the removal of
inadmissible or deportable aliens, including costs of
detention of such aliens pending their removal, the hiring of
more investigators, and the hiring of more detention and
deportation officers.
SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO
ENFORCEMENT.
(a) In General.--Subsection (b) of section 280 (8 U.S.C.
1330(b)) is amended to read as follows:
``(b)(1) There is established in the general fund of the
Treasury a separate account which shall be known as the
`Immigration Enforcement Account'. Notwithstanding any other
section of this title, there shall be deposited as offsetting
receipts into the Immigration Enforcement Account amounts
described in paragraph (2) to remain available until
expended.
``(2) The amounts described in this paragraph are the
following:
``(A) The increase in penalties collected resulting from
the amendments made by sections 203(b) and 543(a) of the
Immigration Act of 1990.
``(B) Civil penalties collected under sections 240B(d),
274C, 274D, and 275(b).
``(3)(A) The Secretary of the Treasury shall refund out of
the Immigration Enforcement Account to any appropriation the
amount paid out of such appropriation for expenses incurred
by the Attorney General for activities that enhance
enforcement of provisions of this title, including--
``(i) the identification, investigation, apprehension,
detention, and removal of criminal aliens;
``(ii) the maintenance and updating of a system to identify
and track criminal aliens, deportable aliens, inadmissible
aliens, and aliens illegally entering the United States; and
``(iii) for the repair, maintenance, or construction on the
United States border, in areas experiencing high levels of
apprehensions of illegal aliens, of structures to deter
illegal entry into the United States.
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the
expenses referred to in subparagraph (A). Proper adjustments
shall be made in the amounts subsequently refunded under
subparagraph (A) to the extent prior estimates were in excess
of, or less than, the amount required to be refunded under
subparagraph (A).
``(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996 and
thereafter shall be refunded in accordance with estimates
made in the budget request of the Attorney General for those
fiscal years. Any proposed changes in the amounts designated
in such budget requests shall only be made after notification
to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605
of Public Law 103-317.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Enforcement Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(b) Immigration User Fee Account.--Section 286(h)(1)(B) (8
U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and
inserting ``243(c), 271,''.
(c) Effective Date.--The amendments made by this section
shall apply to fines and penalties collected on or after the
date of the enactment of this Act.
SEC. 360. PRISONER TRANSFER TREATIES.
(a) Negotiation.--Congress advises the President to begin
to negotiate and renegotiate, not later than 90 days after
the date of the enactment of this Act, bilateral prisoner
transfer treaties. The focus of such negotiations shall be--
(1) to expedite the transfer of aliens unlawfully in the
United States who are (or are
[[Page 549]]
about to be) incarcerated in United States prisons,
(2) to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States courts,
(3) to eliminate any requirement of prisoner consent to
such a transfer, and
(4) to allow the Federal Government or the States to keep
their original prison sentences in force so that transferred
prisoners who return to the United States prior to the
completion of their original United States sentences can be
returned to custody for the balance of their prison
sentences.
In entering into such negotiations, the President may
consider providing for appropriate compensation in cases
where the United States is able to independently verify the
adequacy of the sites where aliens will be imprisoned and the
length of time the alien is actually incarcerated in the
foreign country under such a treaty.
(b) Certification.--The President shall submit to the
Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United States
to their country of nationality for further incarceration.
SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
(a) Operation and Purpose.--Subsection (a) of section
130002 of the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322) is amended to read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
(8 U.S.C. 1252(a)(3)(A)), operate a criminal alien
identification system. The criminal alien identification
system shall be used to assist Federal, State, and local law
enforcement agencies in identifying and locating aliens who
may be subject to removal by reason of their conviction of
aggravated felonies, subject to prosecution under section 275
of such Act, not lawfully present in the United States, or
otherwise removable. Such system shall include providing for
recording of fingerprint records of aliens who have been
previously arrested and removed into appropriate automated
fingerprint identification systems.''.
(b) Identification of Criminal Aliens Unlawfully Present in
the United States.--Upon the request of the governor or chief
executive officer of any State, the Immigration and
Naturalization Service shall provide assistance to State
courts in the identification of aliens unlawfully present in
the United States pending criminal prosecution.
SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR
CERTAIN SECTION 274C VIOLATORS.
(a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by amending subparagraph (F) of subsection (a)(6) to
read as follows:
``(F) Subject of civil penalty.--
``(i) In general.--An alien who is the subject of a final
order for violation of section 274C is inadmissible.
``(ii) Waiver authorized.--For provision authorizing waiver
of clause (i), see subsection (d)(12).''; and
(2) by adding at the end of subsection (d) the following
new paragraph:
``(12) The Attorney General may, in the discretion of the
Attorney General for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest, waive
application of clause (i) of subsection (a)(6)(F)--
``(A) in the case of an alien lawfully admitted for
permanent residence who temporarily proceeded abroad
voluntarily and not under an order of deportation and who is
otherwise admissible to the United States as a returning
resident under section 211(b), and
``(B) in the case of an alien seeking admission or
adjustment of status under section 201(b)(2)(A) or under
section 203(a),
if the violation under section 274C was committed solely to
assist, aid, or support the alien's spouse, parent, son, or
daughter (and not another individual).''.
(b) Ground of Deportation.--Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by
section 305(a)(2), is amended to read as follows:
``(C) Document fraud.--
``(i) In general.--An alien who is the subject of a final
order for violation of section 274C is deportable.
``(ii) Waiver authorized.--The Attorney General may waive
clause (i) in the case of an alien lawfully admitted for
permanent residence if the alien's civil money penalty under
section 274C was incurred solely to assist, aid, or support
the alien's spouse, parent, son, or daughter (and no other
individual).''.
SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL
PROBATION OR CRIMINAL PAROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by striking
``and (5)'' and inserting ``(5) aliens who are or have been
on criminal probation or criminal parole within the United
States, and (6)''.
SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN
BATTERED SPOUSES AND CHILDREN.
(a) In General.--Except as provided in subsection (b), in
no case may the Attorney General, or any other official or
employee of the Department of Justice (including any bureau
or agency of such Department)--
(1) make an adverse determination of admissibility or
deportability of an alien under the Immigration and
Nationality Act using information furnished solely by--
(A) a spouse or parent who has battered the alien or
subjected the alien to extreme cruelty,
(B) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien or
subjected the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien's child
or subjected the alien's child to extreme cruelty (without
the active participation of the alien in the battery or
extreme cruelty), or
(D) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien's
child or subjected the alien's child to extreme cruelty when
the spouse or parent consented to or acquiesced in such
battery or cruelty and the alien did not actively participate
in such battery or cruelty,
unless the alien has been convicted of a crime or crimes
listed in section 241(a)(2) of the Immigration and
Nationality Act; or
(2) permit use by or disclosure to anyone (other than a
sworn officer or employee of the Department, or bureau or
agency thereof, for legitimate Department, bureau, or agency
purposes) of any information which relates to an alien who is
the beneficiary of an application for relief under clause
(iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii)
of section 204(a)(1)(B), section 216(c)(4)(C), or section
244(a)(3) of such Act as an alien (or the parent of a child)
who has been battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application
for relief is denied and all opportunities for appeal of the
denial have been exhausted.
(b) Exceptions.--
(1) The Attorney General may provide, in the Attorney
General's discretion, for the disclosure of information in
the same manner and circumstances as census information may
be disclosed by the Secretary of Commerce under section 8 of
title 13, United States Code.
(2) The Attorney General may provide in the discretion of
the Attorney General for the disclosure of information to law
enforcement officials to be used solely for a legitimate law
enforcement purpose.
(3) Subsection (a) shall not be construed as preventing
disclosure of information in connection with judicial review
of a determination in a manner that protects the
confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the battered
individuals in the case are adults and they have all waived
the restrictions of such subsection.
(c) Penalties for Violations.--Anyone who uses, publishes,
or permits information to be disclosed in violation of this
section shall be fined in accordance with title 18, United
States Code, or imprisoned not more than 5 years, or both.
SEC. 365. AUTHORITY FOR STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE IN DEPORTATION.
Section 103 (8 U.S.C. 1103) is amended by adding at the end
the following new subsection:
``(f)(1) The Attorney General may deputize any law
enforcement officer of any State or of any political
subdivision of any State to seek, apprehend, detain, and
commit to the custody of an officer of the Department of
Justice aliens subject to a final order of deportation or
exclusion under this Act, if--
``(1) actions pursuant to such deputization are subject to
the direction and supervision of an officer of the Department
of Justice;
``(2) any deputization, its duration, an identification of
the supervising officer of the Department of Justice, and the
specific powers, privileges, and duties to be performed or
exercised are set forth in writing; and
``(3) the Governor of the State, or the chief elected or
appointed official of a political subdivision (as may be
appropriate) consents to the deputization.
``(2) No deputization under this subsection shall entitle
any State, political subdivision, or individual to any
compensation or reimbursement from the United States, except
where the amount thereof and the entitlement thereto are set
forth in the written deputization or where otherwise
explicitly provided by law.''.
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
SEC. 401. PILOT PROGRAM FOR VOLUNTARY USE OF EMPLOYMENT
ELIGIBILITY CONFIRMATION PROCESS.
(a) Voluntary Election to Participate in Pilot Program
Confirmation Mechanism.--
(1) In general.--An employer (or a recruiter or referrer
subject to section 274A(a)(1)(B)(ii) of the Immigration and
Nationality Act) may elect to participate in the pilot
program for employment eligibility confirmation provided
under this section (such program in this section referred to
as the ``pilot program''). Except as specifically provided in
this section, the Attorney General is not authorized to
require any entity to participate in the program under this
section. The pilot program shall operate in at least 5 of the
7 States with the highest estimated population of
unauthorized aliens.
(2) Effect of election.--The following provisions apply in
the case of an entity electing to participate in the pilot
program:
(A) Obligation to use confirmation mechanism.--The entity
agrees to comply with the confirmation mechanism under sub
[[Page 550]]
section (c) to confirm employment eligibility under the pilot
program for all individuals covered under the election in
accordance with this section.
(B) Benefit of rebuttable presumption.--
(i) In general.--If the entity obtains confirmation of
employment eligibility under the pilot program with respect
to the hiring (or recruiting or referral that is subject to
section 274A(a)(1)(B)(ii) of the Immigration and Nationality
Act) of an individual for employment in the United States,
the entity has established a rebuttable presumption that the
entity has not violated section 274A(a)(1)(A) of the
Immigration and Nationality Act with respect to such hiring
(or such recruiting or referral).
(ii) Construction.--Clause (i) shall not be construed as
preventing an entity that has an election in effect under
this section from establishing an affirmative defense under
section 274A(a)(3) of the Immigration and Nationality Act if
the entity complies with the requirements of section
274A(a)(1)(B) of such Act but fails to comply with the
obligations under subparagraph (A).
(C) Benefit of notice before employment-related
inspections.--The Immigration and Naturalization Service, the
Special Counsel for Immigration-Related Unfair Employment
Practices, and any other agency authorized to inspect forms
required to be retained under section 274A of the Immigration
and Nationality Act or to search property for purposes of
enforcing such section shall provide at least 3 days notice
prior to such an inspection or search, except that such
notice is not required if the inspection or search is
conducted with an administrative or judicial subpoena or
warrant or under exigent circumstances.
(3) General terms of elections.--
(A) In general.--An election under paragraph (1) shall be
in a form and manner and under such terms and conditions as
the Attorney General shall specify and shall take effect as
the Attorney General shall specify. Such an election shall
apply (under such terms and conditions and as specified in
the election) either to all hiring (and all recruitment or
referral that is subject to section 274A(a)(1)(B)(ii) of the
Immigration and Nationality Act) by the entity during the
period in which the election is in effect or to hiring (or
recruitment or referral that is subject to section
274A(a)(1)(B)(ii) of the Immigration and Nationality Act) in
one or more States or one or more places of such hiring (or
such recruiting or referral, as the case may be) covered by
the election. The Attorney General may not impose any fee as
a condition of making an election or participation in the
pilot program under this section.
(B) Acceptance of elections.--Except as otherwise provided
in this paragraph, the Attorney General shall accept all
elections made under paragraph (1). The Attorney General may
establish a process under which entities seek to make
elections in advance, in order to permit the Attorney General
the opportunity to identify and develop appropriate resources
to accommodate the demand for participation in the pilot
program under this section.
(C) Rejection of elections.--The Attorney General may
reject an election by an entity under paragraph (1) because
the Attorney General has determined that there are
insufficient resources to provide services under the pilot
program for the entity.
(D) Termination of elections.--The Attorney General may
terminate an election by an entity under paragraph (1)
because the entity has substantially failed to comply with
the obligations of the entity under the pilot program.
(E) Rescission of election.--An entity may rescind an
election made under this subsection in such form and manner
as the Attorney General shall specify.
(b) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall closely
consult with representatives of employers (and recruiters and
referrers whose recruiting or referring is subject to section
274A(a)(1)(B)(ii) of the Immigration and Nationality Act) in
the development and implementation of the pilot program under
this section, including the education of employers (and such
recruiters and referrers) about the program.
(2) Publicity.--The Attorney General shall widely publicize
the election process and pilot program under this section,
including the voluntary nature of the program and the
advantages to employers of making an election under
subsection (a).
(3) Assistance through district offices.--The Attorney
General shall designate one or more individuals in each
District office of the Immigration and Naturalization
Service--
(A) to inform entities that seek information about the
program of the voluntary nature of the program, and
(B) to assist entities in electing and participating in the
pilot program, in complying with the requirements of section
274A of the Immigration and Nationality Act, and in
facilitating identification of individuals authorized to be
employed consistent with such section.
(c) Confirmation Process Under Pilot Program.--An entity
that is participating in the pilot program agrees to conform
to the following procedures in the case of a hiring (or
recruiting or referral in the case of recruitment or referral
that is subject to section 274A(a)(1)(B)(ii) of the
Immigration and Nationality Act) of each individual covered
under the program for employment in the United States:
(1) Provision of additional information.--The entity shall
obtain from the individual (and the individual shall provide)
and shall record on the form used for purposes of section
274A(b)(1)(A) of the Immigration and Nationality Act--
(A) the individual's social security account number (if the
individual has been issued such a number), and
(B) if the individual is an alien, such identification or
authorization number established by the Service for the alien
as the Attorney General shall specify.
(2) Seeking confirmation.--
(A) In general.--The entity shall make an inquiry, under
the confirmation mechanism established under subsection (d),
to seek confirmation of the identity, applicable number (or
numbers) described in section 274A(b)(2)(B) of the
Immigration and Nationality Act, and work eligibility of the
individual, by not later than the end of 3 working days (as
specified by the Attorney General) after the date of the
hiring (or recruitment or referral, as the case may be).
(B) Extension of time period.--If the entity in good faith
attempts to make an inquiry during such 3 working days and
the confirmation mechanism has registered that not all
inquiries were responded to during such time, the entity can
make an inquiry in the first subsequent working day in which
the confirmation mechanism registers no nonresponses and
qualify for the presumption. If the confirmation mechanism is
not responding to inquiries at all times during a day, the
entity merely has to assert that the entity attempted to make
the inquiry on that day for the previous sentence to apply to
such an inquiry, and does not have to provide any additional
proof concerning such inquiry.
(3) Confirmation.--
(A) In general.--If the entity receives an appropriate
confirmation of such identity, applicable number or numbers,
and work eligibility under the confirmation mechanism within
the time period specified under subsection (d) after the time
the confirmation inquiry was received, the entity shall
record on the form used for purposes of section 274A(b)(1)(A)
of the Immigration and Nationality Act an appropriate code
indicating a confirmation of such identity, number or
numbers, and work eligibility.
(B) Failure to obtain confirmation.--If the entity has made
the inquiry described in paragraph (1) but has received a
nonconfirmation within the time period specified--
(i) the presumption under subsection (a)(2)(B) shall not be
considered to apply, and
(ii) if the entity nonetheless continues to employ (or
recruits or refers, if such recruitment or referral is
subject to section 274A(a)(1)(B)(ii) of the Immigration and
Nationality Act) the individual for employment in the United
States, the entity shall notify the Attorney General of such
fact through the confirmation mechanism or in such other
manner as the Attorney General may specify.
(C) Consequences.--
(i) Failure to notify.--If the entity fails to provide
notice with respect to an individual as required under
subparagraph (B)(ii), the failure is deemed to constitute a
violation of section 274A(a)(1)(A) of the Immigration and
Nationality Act with respect to that individual.
(ii) Continued employment.--If the entity provides notice
under subparagraph (B)(ii) with respect to an individual, the
entity has the burden of proof, for purposes of applying
section 274A(a)(1)(A) of the Immigration and Nationality Act
with respect to such entity and individual, of establishing
that the individual is not an unauthorized alien (as defined
in section 274A(h)(3) of such Act).
(iii) No application to criminal penalty.--Clauses (i) and
(ii) shall not apply in any prosecution under section
274A(f)(1) of the Immigration and Nationality Act.
(d) Employment Eligibility Pilot Confirmation Mechanism.--
(1) In general.--The Attorney General shall establish a
pilot program confirmation mechanism (in this section
referred to as the ``confirmation mechanism'') through which
the Attorney General (or a designee of the Attorney General
which may include a nongovernmental entity)--
(A) responds to inquiries by electing entities, made at any
time through a toll-free telephone line or other electronic
media in the form of an appropriate confirmation code or
otherwise, on whether an individual is authorized to be
employed, and
(B) maintains a record that such an inquiry was made and
the confirmation provided (or not provided).
To the extent practicable, the Attorney General shall seek to
establish such a mechanism using one or more nongovernmental
entities. For purposes of this section, the Attorney General
(or a designee of the Attorney General) shall provide through
the confirmation mechanism confirmation or a tentative
nonconfirmation of an individual's employment eligibility
within 3 working days of the initial inquiry.
(2) Expedited procedure in case of non-confirmation.--In
connection with paragraph (1), the Attorney General shall
establish, in consultation with the Commissioner of Social
Security and the Commissioner of the Immigration and
Naturalization Service, expedited procedures that shall be
used to confirm the validity of information used under the
confirmation mechanism in cases in which the confirmation is
sought but is not provided through the confirmation
mechanism.
[[Page 551]]
(3) Design and operation of mechanism.--The confirmation
mechanism shall be designed and operated--
(A) to maximize the reliability of the confirmation
process, and the ease of use by entities making elections
under subsection (a) consistent with insulating and
protecting the privacy and security of the underlying
information, and
(B) to respond to all inquiries made by such entities on
whether individuals are authorized to be employed registering
all times when such response is not possible.
(4) Confirmation process.--
(A) Confirmation of validity of social security account
number.--As part of the confirmation mechanism, the
Commissioner of Social Security, in consultation with the
entity responsible for administration of the mechanism, shall
establish a reliable, secure method, which within the time
period specified under paragraph (1), compares the name and
social security account number provided against such
information maintained by the Commissioner in order to
confirm (or not confirm) the validity of the information
provided and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information.
(B) Confirmation of alien authorization.--As part of the
confirmation mechanism, the Commissioner of the Service, in
consultation with the entity responsible for administration
of the mechanism, shall establish a reliable, secure method,
which, within the time period specified under paragraph (1),
compares the name and alien identification or authorization
number (if any) described in subsection (c)(1)(B) provided
against such information maintained by the Commissioner in
order to confirm (or not confirm) the validity of the
information provided and whether the alien is authorized to
be employed in the United States.
(C) Process in case of tentative nonconfirmation.--In cases
of tentative nonconfirmation, the Attorney General shall
specify, in consultation with the Commissioner of Social
Security and the Commissioner of the Immigration and
Naturalization Service, an expedited time period not to
exceed 10 working days after the date of the tentative
nonconfirmation within which final confirmation or denial
must be provided through the confirmation mechanism in
accordance with the procedures under paragraph (2).
(D) Updating information.--The Commissioners shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt
correction of erroneous information.
(5) Protections.--(A) In no case shall an employer
terminate employment of an individual because of a failure of
the individual to have work eligibility confirmed under this
section, until after the end of the 10-working-day period in
which a final confirmation or nonconfirmation is being sought
under paragraph (4)(C). Nothing in this subparagraph shall
apply to a termination of employment for any reason other
than because of such a failure.
(B) The Attorney General shall assure that there is a
timely and accessible process to challenge nonconfirmations
made through the mechanism.
(C) If an individual would not have been dismissed from a
job but for an error of the confirmation mechanism, the
individual will be entitled to compensation through the
mechanism of the Federal Tort Claims Act.
(6) Protection from liability for actions taken on the
basis of information provided by the employment eligibility
confirmation mechanism.--No person shall be civilly or
criminally liable under any law (including the Civil Rights
Act of 1964, the Americans with Disabilities Act of 1990, the
Fair Labor Standards Act of 1938, or the Age Discrimination
in Employment Act of 1967) for any action taken in good faith
reliance on information provided through the employment
eligibility confirmation mechanism established under this
subsection.
(7) Multiple mechanisms permitted.--Nothing in this
subsection shall be construed as preventing the Attorney
General from experimenting with different mechanisms for
different entities.
(e) Select Entities Required to Participate in Pilot
Program.--
(1) Federal government.--Each entity of the Federal
Government that is subject to the requirements of section
274A of the Immigration and Nationality Act (including the
Legislative and Executive Branches of the Federal Government)
shall participate in the pilot program under this section and
shall comply with the terms and conditions of such an
election.
(2) Application to certain violators.--An order under
section 274A(e)(4) or section 274B(g)(2)(B) of the
Immigration and Nationality Act may require the subject of
the order to participate in the pilot program and comply with
the requirements of subsection (c).
(3) Consequence of failure to participate.--If an entity is
required under this subsection to participate in the pilot
program and fails to comply with the requirements of
subsection (c) with respect to an individual such failure
shall be treated as a violation of section 274A(a)(1)(B) of
the Immigration and Nationality Act with respect to that
individual.
(f) Program Initiation; Reports; Termination.--
(1) Initiation of program.--The Attorney General shall
implement the pilot program in a manner that permits entities
to have elections under subsection (a) made and in effect by
not later than 1 year after the date of the enactment of this
Act.
(2) Reports.--The Attorney General shall submit to Congress
annual reports on the pilot program under this section at the
end of each year in which the program is in effect. The last
two such reports shall each include recommendations on
whether or not the pilot program should be continued or
modified and on benefits to employers and enforcement of
section 274A of the Immigration and Nationality Act obtained
from use of the pilot program.
(3) Termination.--Unless the Congress otherwise provides,
the Attorney General shall terminate the pilot program under
this section at the end of the third year in which it is in
effect under this section.
(g) Construction.--This section shall not affect the
authority of the Attorney General under other law (including
section 274A(d)(4) of the Immigration and Nationality Act) to
conduct demonstration projects in relation to section 274A of
such Act.
(h) Limitation on Use of the Confirmation Process and Any
Related Mechanisms.--Notwithstanding any other provision of
law, nothing in this section shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this section for any other
purpose other than as provided for under the pilot program
under this section.
SEC. 402. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS
OF PAPERWORK REQUIREMENTS.
(a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1))
is amended--
(1) by striking ``and'' at the end of subparagraph (C),
(2) by striking the period at the end of subparagraph (D)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(E) under which a person or entity shall not be
considered to have failed to comply with the requirements of
subsection (b) based upon a technical or procedural failure
to meet a requirement of such subsection in which there was a
good faith attempt to comply with the requirement unless (i)
the Service (or another enforcement agency) has explained to
the person or entity the basis for the failure, (ii) the
person or entity has been provided a period of not less than
10 business days (beginning after the date of the
explanation) within which to correct the failure, and (iii)
the person or entity has not corrected the failure
voluntarily within such period, except that this subparagraph
shall not apply with respect to the engaging by any person or
entity of a pattern or practice of violations of subsection
(a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.
SEC. 403. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER
SANCTIONS PROGRAM.
(a) Reducing to 6 the Number of Documents Accepted for
Employment Verification.--Section 274A(b) (8 U.S.C. 1324a(b))
is amended--
(1) in paragraph (1)(B)--
(A) by adding ``or'' at the end of clause (i),
(B) by striking clauses (ii) through (iv), and
(C) in clause (v), by striking ``or other alien
registration card, if the card'' and inserting ``, alien
registration card, or other document designated by regulation
by the Attorney General, if the document'' and redesignating
such clause as clause (ii); and
(2) by amending subparagraph (C) of paragraph (1) to read
as follows:
``(C) Social security account number card as evidence of
employment authorization.--A document described in this
subparagraph is an individual's social security account
number card (other than such a card which specifies on the
face that the issuance of the card does not authorize
employment in the United States).''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end
the following new paragraph:
``(6) Treatment of documentation for certain employees.--
``(A) In general.--For purposes of paragraphs (1)(B) and
(3), if--
``(i) an individual is a member of a collective-bargaining
unit and is employed, under a collective bargaining agreement
entered into between one or more employee organizations and
an association of two or more employers, by an employer that
is a member of such association, and
``(ii) within the period specified in subparagraph (B),
another employer that is a member of the association (or an
agent of such association on behalf of the employer) has
complied with the requirements of subsection (b) with respect
to the employment of the individual,
the subsequent employer shall be deemed to have complied with
the requirements of subsection (b) with respect to the hiring
of the employee and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this subparagraph
is--
``(i) up to 5 years in the case of an individual who has
presented documentation identifying the individual as a
national of the United States or as an alien lawfully
admitted for permanent residence; or
``(ii) up to 3 years (or, if less, the period of time that
the individual is authorized to be
[[Page 552]]
employed in the United States) in the case of another
individual.
``(C) Liability.--
``(i) In general.--If any employer that is a member of an
association hires for employment in the United States an
individual and relies upon the provisions of subparagraph (A)
to comply with the requirements of subsection (b) and the
individual is an unauthorized alien, then for the purposes of
paragraph (1)(A), subject to clause (ii), the employer shall
be presumed to have known at the time of hiring or afterward
that the individual was an unauthorized alien.
``(ii) Rebuttal of presumption.--The presumption
established by clause (i) may be rebutted by the employer
only through the presentation of clear and convincing
evidence that the employer did not know (and could not
reasonably have known) that the individual at the time of
hiring or afterward was an unauthorized alien.''.
(c) Elimination of Dated Provisions.--Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through
(n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at
the end the following new paragraph:
``(5) Application to federal government.--For purposes of
this section, the term `entity' includes an entity in any
Branch of the Federal Government.''.
(e) Effective Dates.--
(1) Except as provided in this subsection, the amendments
made by this section shall apply with respect to hiring (or
recruiting or referring) occurring on or after such date (not
later than 180 days after the date of the enactment of this
Act) as the Attorney General shall designate.
(2) The amendments made by subsections (a)(1) and (a)(2)
shall apply with respect to the hiring (or recruiting or
referring) occurring on or after such date (not later than 18
months after the date of the enactment of this Act) as the
Attorney General shall designate.
(3) The amendment made by subsection (b) shall apply to
individuals hired on or after 60 days after the date of the
enactment of this Act.
(4) The amendment made by subsection (c) shall take effect
on the date of the enactment of this Act.
(5) The amendment made by subsection (d) applies to hiring
occurring before, on, or after the date of the enactment of
this Act, but no penalty shall be imposed under section
274A(e) of the Immigration and Nationality Act for such
hiring occurring before such date.
(f) Implementation of Electronic Storage of I-9 Forms.--Not
later than 180 days after the date of the enactment of this
Act, the Attorney General shall issue regulations which shall
provide for the electronic storage of forms used in
satisfaction of the requirements of section 274A(b)(3) of the
Immigration and Nationality Act.
SEC. 404. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS
PROVISIONS.
(a) In General.--The number of full-time equivalent
positions in the Investigations Division within the
Immigration and Naturalization Service of the Department of
Justice beginning in fiscal year 1997 shall be increased by
500 positions above the number of full-time equivalent
positions available to such Division as of September 30,
1995.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall be
assigned to investigate violations of the employer sanctions
provisions contained in section 274A of the Immigration and
Nationality Act.
(c) Priority for Worksite Enforcement.--
(1) In general.--In addition to its efforts on border
control and easing the worker verification process, the
Attorney General shall make worksite enforcement of employer
sanctions a top priority of the Immigration and
Naturalization Service.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report on any additional authority or resources
needed--
(A) by the Immigration and Naturalization Service in order
to enforce section 274A of the Immigration and Nationality
Act, or
(B) by Federal agencies in order to carry out the Executive
Order of February 13, 1996 (entitled ``Economy and Efficiency
in Government Procurement Through Compliance with Certain
Immigration and Naturalization Act Provisions'') and to
expand the restrictions in such Order to cover agricultural
subsidies, grants, job training programs, and other Federally
subsidized assistance programs.
SEC. 405. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO
WORK.
Subsection (c) of section 290 (8 U.S.C. 1360) is amended to
read as follows:
``(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the
Commissioner of Social Security shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on the aggregate number of social security
account numbers issued to aliens not authorized to be
employed to which earnings were reported to the Social
Security Administration in such fiscal year.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in
the United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the
earnings. The information shall be provided in an electronic
form agreed upon by the Commissioner and the Attorney
General.''.
SEC. 406. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON
ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to
provide the alien's social security account number for
purposes of inclusion in any record of the alien maintained
by the Attorney General or the Service.''.
SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) Requiring Certain Remedies in Unfair Immigration-
Related Discrimination Orders.--Section 274B(g)(2) (8 U.S.C.
1324b(g)(2)) is amended--
(1) in subparagraph (A), by adding at the end the
following: ``Such order also shall require the person or
entity to comply with the requirements of clauses (ii) and
(vi) of subparagraph (B).'';
(2) in subparagraph (B), by striking ``Such an order'' and
inserting ``Subject to the second sentence of subparagraph
(A), such an order''; and
(3) in subparagraph (B)(vi), by inserting before the
semicolon at the end the following: ``and to certify the fact
of such education''.
(b) Treatment of Certain Documentary Practice as Employment
Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is
amended--
(1) by striking ``For'' and inserting ``(A) Subject to
subparagraph (B), for'', and
(2) by adding at the end the following new subparagraph:
``(B) A person or other entity--
``(i) may request a document proving a renewal of
employment authorization when an individual has previously
submitted a time-limited document to satisfy the requirements
of section 274A(b)(1); or
``(ii) if possessing reason to believe that an individual
presenting a document which reasonably appears on its face to
be genuine is nonetheless an unauthorized alien, may (I)
inform the individual of the question about the document's
validity, and of such person or other entity's intention to
verify the validity of such document, and (II) upon receiving
confirmation that the individual is unauthorized to work, may
dismiss the individual.
Nothing in this provision prohibits an individual from
offering alternative documents that satisfy the requirements
of section 274A(b)(1).''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to orders issued on or after the first day of the
first month beginning at least 90 days after the date of the
enactment of this Act.
TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM
Subtitle A--Refugees
SEC. 501. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.
(a) Definition of Refugee.--Section 101(a)(42) (8 U.S.C.
1101(a)(42)) is amended by adding at the end the following:
``For purposes of determinations under this Act, a person who
has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted for
failure or refusal to undergo such a procedure or for other
resistance to a coercive population control program, shall be
deemed to have been persecuted on account of political
opinion, and a person who has a well founded fear that he or
she will be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on account
of political opinion.''.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C.
1157(a)), as amended by section 512(b), is amended by adding
at the end the following new paragraph:
``(4) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under
the last sentence of section 101(a)(42) (relating to
persecution for resistance to coercive population control
methods).''.
Subtitle B--Asylum Reform
SEC. 511. ASYLUM REFORM.
(a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended
to read as follows:
``asylum
``Sec. 208. (a) Authority To Apply for Asylum.--
``(1) In general.--Any alien who is physically present in
the United States or who arrives in the United States
(whether or not at a designated port of arrival),
irrespective of such alien's status, may apply for asylum in
accordance with this section.
``(2) Exceptions.--
``(A) Safe third country.--Paragraph (1) shall not apply to
an alien if the Attorney General determines that the alien
may be removed, including pursuant to a bilateral or
multilateral agreement, to a country (other than the country
of the alien's nationality or, in the case of an alien having
no nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political
opinion, and where the alien would have access to a
[[Page 553]]
full and fair procedure for determining a claim to asylum or
equivalent temporary protection, unless the Attorney General
finds that it is in the public interest for the alien to
receive asylum in the United States.
``(B) Time limit.--Paragraph (1) shall not apply to an
alien unless the alien demonstrates by clear and convincing
evidence that the application has been filed within 180 days
after the alien's arrival in the United States.
``(C) Previous asylum applications.--Paragraph (1) shall
not apply to an alien if the alien has previously applied for
asylum and had such application denied.
``(D) Changed conditions.--An application for asylum of an
alien may be considered, notwithstanding subparagraphs (B)
and (C), if the alien demonstrates to the satisfaction of the
Attorney General the existence of fundamentally changed
circumstances which affect the applicant's eligibility for
asylum.
``(3) Limitation on judicial review.--No court shall have
jurisdiction to review a determination of the Attorney
General under paragraph (2).
``(b) Conditions for Granting Asylum.--
``(1) In general.--The Attorney General may grant asylum to
an alien who has applied for asylum in accordance with the
requirements and procedures established by the Attorney
General under this section if the Attorney General determines
that such alien is a refugee within the meaning of section
101(a)(42)(A).
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to an
alien if the Attorney General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(iii) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(iv) there are reasonable grounds for regarding the alien
as a danger to the security of the United States;
``(v) the alien is inadmissible under subclause (I), (II),
(III), or (IV) of section 212(a)(3)(B)(i) or removable under
section 237(a)(4)(B) (relating to terrorist activity),
unless, in the case only of an alien inadmissible under
subclause (IV) of section 212(a)(3)(B)(i), the Attorney
General determines, in the Attorney General's discretion,
that there are not reasonable grounds for regarding the alien
as a danger to the security of the United States; or
``(vi) the alien was firmly resettled in another country
prior to arriving in the United States.
``(B) Special rules.--
``(i) Conviction of aggravated felony.--For purposes of
clause (ii) of subparagraph (A), an alien who has been
convicted of an aggravated felony shall be considered to have
been convicted of a particularly serious crime.
``(ii) Offenses.--The Attorney General may designate by
regulation offenses that will be considered to be a crime
described in clause (ii) or (iii) of subparagraph (A).
``(C) Additional limitations.--The Attorney General may by
regulation establish additional limitations and conditions
under which an alien shall be ineligible for asylum under
paragraph (1).
``(D) No judicial review.--There shall be no judicial
review of a determination of the Attorney General under
subparagraph (A)(v).
``(3) Treatment of spouse and children.--A spouse or child
(as defined in section 101(b)(1)(A), (B), (C), (D), or (E))
of an alien who is granted asylum under this subsection may,
if not otherwise eligible for asylum under this section, be
granted the same status as the alien if accompanying, or
following to join, such alien.
``(c) Asylum Status.--
``(1) In general.--In the case of an alien granted asylum
under subsection (b), the Attorney General--
``(A) shall not remove or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual
residence;
``(B) shall authorize the alien to engage in employment in
the United States and provide the alien with appropriate
endorsement of that authorization; and
``(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.
``(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain permanently
in the United States, and may be terminated if the Attorney
General determines that--
``(A) the alien no longer meets the conditions described in
subsection (b)(1) owing to a fundamental change in
circumstances;
``(B) the alien meets a condition described in subsection
(b)(2);
``(C) the alien may be removed, including pursuant to a
bilateral or multilateral agreement, to a country (other than
the country of the alien's nationality or, in the case of an
alien having no nationality, the country of the alien's last
habitual residence) in which the alien cannot establish that
it is more likely than not that the alien's life or freedom
would be threatened on account of race, religion,
nationality, membership in a particular social group, or
political opinion, and where the alien is eligible to receive
asylum or equivalent temporary protection;
``(D) the alien has voluntarily availed himself or herself
of the protection of the alien's country of nationality or,
in the case of an alien having no nationality, the alien's
country of last habitual residence, by returning to such
country with permanent resident status or the reasonable
possibility of obtaining such status with the same rights and
obligations pertaining to other permanent residents of that
country; or
``(E) the alien has acquired a new nationality and enjoys
the protection of the country of his new nationality.
``(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under section
212(a) and 237(a), and the alien's removal or return shall be
directed by the Attorney General in accordance with sections
240 and 241.
``(4) Limitation on judicial review.--No court shall have
jurisdiction to review a determination of the Attorney
General under paragraph (2).
``(d) Asylum Procedure.--
``(1) Applications.--The Attorney General shall establish a
procedure for the consideration of asylum applications filed
under subsection (a). An application for asylum shall not be
considered unless the alien submits fingerprints and a
photograph in a manner to be determined by regulation by the
Attorney General.
``(2) Employment.--An applicant for asylum is not entitled
to employment authorization, but such authorization may be
provided under regulation by the Attorney General. An
applicant who is not otherwise eligible for employment
authorization shall not be granted such authorization prior
to 180 days after the date of filing of the application for
asylum.
``(3) Fees.--The Attorney General may impose fees for the
consideration of an application for asylum, for employment
authorization under this section, and for adjustment of
status under section 209(b). Such fees shall not exceed the
Attorney General's costs in adjudicating the applications.
The Attorney General may provide for the assessment and
payment of such fees over a period of time or by
installments. Nothing in this paragraph shall be construed to
require the Attorney General to charge fees for adjudication
services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication and
naturalization fees in accordance with section 286(m).
``(4) Notice of privilege of counsel and consequences of
frivolous application.--At the time of filing an application
for asylum, the Attorney General shall--
``(A) advise the alien of the privilege of being
represented by counsel and of the consequences, under
paragraph (6), of knowingly filing a frivolous application
for asylum; and
``(B) provide the alien a list of persons (updated not less
often than quarterly) who have indicated their availability
to represent aliens in asylum proceedings on a pro bono
basis.
``(5) Consideration of asylum applications.--
``(A) Procedures.--The procedure established under
paragraph (1) shall provide that--
``(i) asylum cannot be granted until the identity of the
applicant has been checked against all appropriate records or
databases maintained by the Attorney General and by the
Secretary of State, including the Automated Visa Lookout
System, to determine any grounds on which the alien may be
inadmissible to or deportable from the United States, or
ineligible to apply for or be granted asylum;
``(ii) in the absence of exceptional circumstances, the
initial interview or hearing on the asylum application shall
commence not later than 45 days after the date an application
is filed;
``(iii) in the absence of exceptional circumstances, final
administrative adjudication of the asylum application, not
including administrative appeal, shall be completed within
180 days after the date an application is filed;
``(iv) any administrative appeal shall be filed within 30
days of a decision granting or denying asylum, or within 30
days of the completion of removal proceedings before an
immigration judge under section 240, whichever is later; and
``(v) in the case of an applicant for asylum who fails
without prior authorization or in the absence of exceptional
circumstances to appear for an interview or hearing,
including a hearing under section 240, the application may be
dismissed or the applicant may be otherwise sanctioned for
such failure.
``(B) Additional regulatory conditions.--The Attorney
General may provide by regulation for any other conditions or
limitations on the consideration of an application for asylum
not inconsistent with this Act.
``(6) Frivolous applications.--
``(A) In general.--If the Attorney General determines that
an alien has knowingly made a frivolous application for
asylum and the alien has received the notice under paragraph
(4)(A), the alien shall be permanently ineligible for any
benefits under this Act, effective as of the date of a final
determination on such application.
``(B) Material misrepresentations.--An application shall be
considered to be frivolous if the Attorney General determines
that the application contains a willful misrepresentation or
concealment of a material fact.
[[Page 554]]
``(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by
any party against the United States or its agencies or
officers or any other person.''.
(b) Conforming and Clerical Amendments.--
(1) The item in the table of contents relating to section
208 is amended to read as follows:
``Sec. 208. Asylum.''.
(2) Section 104(d)(1)(A) of the Immigration Act of 1990
(Public Law 101-649) is amended by striking ``208(b)'' and
inserting ``208''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the
first day of the first month beginning more than 180 days
after the date of the enactment of this Act.
SEC. 512. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000
EACH YEAR.
(a) In General.--Section 209(b) (8 U.S.C. 1159(b)) is
amended by striking ``Not more than'' and all that follows
through ``adjust'' and inserting the following: ``The
Attorney General, in the Attorney General's discretion and
under such regulations as the Attorney General may prescribe,
and in a number not to exceed 10,000 aliens in any fiscal
year, may adjust''.
(b) Conforming Amendment.--Section 207(a) (8 U.S.C.
1157(a)) is amended by striking paragraph (4).
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1996.
SEC. 513. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of asylum
officers to at least 600 asylum officers by fiscal year 1997.
TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS
SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
The Congress makes the following statements concerning
national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
(2) It continues to be the immigration policy of the United
States that--
(A) aliens within the nation's borders not depend on public
resources to meet their needs, but rather rely on their own
capabilities and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not constitute an
incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have
been applying for and receiving public benefits from Federal,
State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved wholly
incapable of assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to enact new
rules for eligibility and sponsorship agreements in order to
assure that aliens be self-reliant in accordance with
national immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the
availability of public benefits.
(7) With respect to the State authority to make
determinations concerning the eligibility of aliens for
public benefits, a State that chooses to follow the Federal
classification in determining the eligibility of such aliens
for public assistance shall be considered to have chosen the
least restrictive means available for achieving the
compelling government interest of assuring that aliens be
self-reliant in accordance with national immigration policy.
Subtitle A--Eligibility of Illegal Aliens for Public Benefits
PART 1--PUBLIC BENEFITS GENERALLY
SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC
ASSISTANCE, CONTRACTS, AND LICENSES.
(a) Federal Programs.--Notwithstanding any other provision
of law, except as provided in section 603, any alien who is
not lawfully present in the United States shall not be
eligible for any of the following:
(1) Federal assistance programs.--To receive any benefits
under any program of assistance provided or funded, in whole
or in part, by the Federal Government for which eligibility
(or the amount of assistance) is based on financial need.
(2) Federal contracts or licenses.--To receive any grant,
to enter into any contract or loan agreement, or to be issued
(or have renewed) any professional or commercial license, if
the grant, contract, loan, or license is provided or funded
by any Federal agency.
(b) State Programs.--Notwithstanding any other provision of
law, except as provided in section 603, any alien who is not
lawfully present in the United States shall not be eligible
for any of the following:
(1) State assistance programs.--To receive any benefits
under any program of assistance (not described in subsection
(a)(1)) provided or funded, in whole or in part, by a State
or political subdivision of a State for which eligibility (or
the amount of assistance) is based on financial need.
(2) State contracts or licenses.--To receive any grant, to
enter into any contract or loan agreement, or to be issued
(or have renewed) any professional or commercial license, if
the grant, contract, loan, or license is provided or funded
by any State agency.
(c) Requiring Proof of Identity for Federal Contracts,
Grants, Loans, Licenses, and Public Assistance.--
(1) In general.--In considering an application for a
Federal contract, grant, loan, or license, or for public
assistance under a program described in paragraph (2), a
Federal agency shall require the applicant to provide proof
of identity under paragraph (3) to be considered for such
Federal contract, grant, loan, license, or public assistance.
(2) Public assistance programs covered.--The requirement of
proof of identity under paragraph (1) shall apply to the
following Federal public assistance programs (and include any
successor to such a program as identified by the Attorney
General in consultation with other appropriate officials):
(A) SSI.--The supplemental security income program under
title XVI of the Social Security Act, including State
supplementary benefits programs referred to in such title.
(B) AFDC.--The program of aid to families with dependent
children under part A or E of title IV of the Social Security
Act.
(C) Social services block grant.--The program of block
grants to States for social services under title XX of the
Social Security Act.
(D) Medicaid.--The program of medical assistance under
title XIX of the Social Security Act.
(E) Food stamps.--The program under the Food Stamp Act of
1977.
(F) Housing assistance.--Financial assistance as defined in
section 214(b) of the Housing and Community Development Act
of 1980.
(3) Documents that show proof of identity.--
(A) In general.--Any one of the documents described in
subparagraph (B) may be used as proof of identity under this
subsection if the document is current and valid. No other
document or documents shall be sufficient to prove identity.
(B) Documents described.--The documents described in this
subparagraph are the following:
(i) A United States passport (either current or expired if
issued both within the previous 20 years and after the
individual attained 18 years of age).
(ii) A resident alien card.
(iii) A State driver's license, if presented with the
individual's social security account number card.
(iv) A State identity card, if presented with the
individual's social security account number card.
(d) Authorization for States To Require Proof of
Eligibility for State Programs.--In considering an
application for contracts, grants, loans, licenses, or public
assistance under any State program, a State is authorized to
require the applicant to provide proof of eligibility to be
considered for such State contracts, grants, loans, licenses,
or public assistance.
(e) Exception for Battered Aliens.--
(1) Exception.--The limitations on eligibility for benefits
under subsection (a) or (b) shall not apply to an alien if--
(A)(i) the alien has been battered or subject to extreme
cruelty in the United States by a spouse or parent, or by a
member of the spouse or parent's family residing in the same
household as the alien and the spouse or parent consented or
acquiesced to such battery or cruelty, or
(ii) the alien's child has been battered or subject to
extreme cruelty in the United States by a spouse or parent of
the alien (without the active participation of the alien in
the battery or extreme cruelty) or by a member of the spouse
or parent's family residing in the same household as the
alien when the spouse or parent consented or acquiesced to,
and the alien did not actively participate in, such battery
or cruelty; and
(B)(i) the alien has petitioned (or petitions within 45
days after the first application for assistance subject to
the limitations under subsection (a) or (b)) for--
(I) status as a spouse or child of a United States citizen
pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and Nationality Act,
(II) classification pursuant to clauses (ii) or (iii) of
section 204(a)(1)(B) of such Act, or
(III) cancellation of removal and adjustment of status
pursuant to section 240A(b)(2) of such Act ; or
(ii) the alien is the beneficiary of a petition filed for
status as a spouse or child of a United States citizen
pursuant to clause (i) of section 204(a)(1)(A) of the
Immigration and Nationality Act, or of a petition filed for
classification pursuant to clause (i) of section 204(a)(1)(B)
of such Act.
(2) Termination of exception.--The exception under
paragraph (1) shall terminate if no complete petition which
sets forth a prima facie case is filed pursuant to the
requirement of paragraph (1)(B) or (1)(C) or when an petition
is denied.
SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR
UNEMPLOYMENT BENEFITS.
(a) In General.--Notwithstanding any other provision of
law, no unemployment benefits shall be payable (in whole or
in part) out of Federal funds to the extent the benefits are
attributable to any employment of the alien in the United
States for which the alien was not granted employment
authorization pursuant to Federal law.
(b) Procedures.--Entities responsible for providing
unemployment benefits subject to the restrictions of this
section shall make such inquiries as may be necessary to
assure
[[Page 555]]
that recipients of such benefits are eligible consistent with
this section.
SEC. 603. GENERAL EXCEPTIONS.
Sections 601 and 602 shall not apply to the following:
(1) Emergency medical services.--The provision of emergency
medical services (as defined by the Attorney General in
consultation with the Secretary of Health and Human
Services).
(2) Public health immunizations.--Public health assistance
for immunizations with respect to immunizable diseases and
for testing and treatment of symptoms of communicable
diseases, whether or not such symptoms are actually caused by
a communicable disease.
(3) Short-term emergency relief.--The provision of non-
cash, in-kind, short-term emergency relief.
(4) Family violence services.--The provision of any
services directly related to assisting the victims of
domestic violence or child abuse.
(5) School lunch act.--Programs carried out under the
National School Lunch Act (and any successor to such a
program as identified by the Attorney General in consultation
with other appropriate officials).
(6) Child nutrition act.--Programs of assistance under the
Child Nutrition Act of 1966 (and any successor to such a
program as identified by the Attorney General in consultation
with other appropriate officials).
(7) Head start program.--Benefits under the Head Start Act.
SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL
SERVICES EXCEPTION.
(a) In General.--Subject to such amounts as are provided in
advance in appropriation Acts, each State or local government
that provides emergency medical services (as defined for
purposes of section 603(1)) through a public hospital or
other public facility (including a nonprofit hospital that is
eligible for an additional payment adjustment under section
1886 of the Social Security Act) or through contract with
another hospital or facility to an individual who is an alien
not lawfully present in the United States is entitled to
receive payment from the Federal Government of its costs of
providing such services, but only to the extent that such
costs are not otherwise reimbursed through any other Federal
program and cannot be recovered from the alien or another
person.
(b) Confirmation of Immigration Status Required.--No
payment shall be made under this section with respect to
services furnished to an individual unless the identity and
immigration status of the individual has been verified with
the Immigration and Naturalization Service in accordance with
procedures established by the Attorney General.
(c) Administration.--This section shall be administered by
the Attorney General, in consultation with the Secretary of
Health and Human Services.
(d) Effective Date.--Subsection (a) shall not apply to
emergency medical services furnished before October 1, 1995.
SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM
HOUSING ASSISTANCE PROGRAMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Housing and Urban Development
shall submit a report to the Committees on the Judiciary of
the House of Representatives and of the Senate, the Committee
on Banking of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate,
describing the manner in which the Secretary is enforcing
section 214 of the Housing and Community Development Act of
1980. The report shall contain statistics with respect to the
number of aliens denied financial assistance under such
section.
SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINANCIAL
ASSISTANCE.
No student shall be eligible for postsecondary Federal
student financial assistance unless the student has certified
that the student is a citizen or national of the United
States or an alien lawfully admitted for permanent residence
and the Secretary of Education has verified such
certification through an appropriate procedure determined by
the Attorney General.
SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.
In carrying out this part, the payment or provision of
benefits (other than those described in section 603 under a
program of assistance described in section 601(a)(1)) shall
be made only through an individual or person who is not
ineligible to receive such benefits under such program on the
basis of immigration status pursuant to the requirements and
limitations of this part.
SEC. 608. DEFINITIONS.
For purposes of this part:
(1) Lawful presence.--The determination of whether an alien
is lawfully present in the United States shall be made in
accordance with regulations of the Attorney General. An alien
shall not be considered to be lawfully present in the United
States for purposes of this title merely because the alien
may be considered to be permanently residing in the United
States under color of law for purposes of any particular
program.
(2) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa.
SEC. 609. REGULATIONS AND EFFECTIVE DATES.
(a) Regulations.--The Attorney General shall first issue
regulations to carry out this part (other than section 605)
by not later than 60 days after the date of the enactment of
this Act. Such regulations shall take effect on an interim
basis, pending change after opportunity for public comment.
(b) Effective Date for Restrictions on Eligibility for
Public Benefits.--(1) Except as provided in this subsection,
section 601 shall apply to benefits provided, contracts or
loan agreements entered into, and professional and commercial
licenses issued (or renewed) on or after such date as the
Attorney General specifies in regulations under subsection
(a). Such date shall be at least 30 days, and not more than
60 days, after the date the Attorney General first issues
such regulations.
(2) The Attorney General, in carrying out section
601(a)(2), may permit such section to be waived in the case
of individuals for whom an application for the grant,
contract, loan, or license is pending (or approved) as of a
date that is on or before the effective date specified under
paragraph (1).
(c) Effective Date for Restrictions on Eligibility for
Unemployment Benefits.--(1) Except as provided in this
subsection, section 602 shall apply to unemployment benefits
provided on or after such date as the Attorney General
specifies in regulations under subsection (a). Such date
shall be at least 30 days, and not more than 60 days, after
the date the Attorney General first issues such regulations.
(2) The Attorney General, in carrying out section 602, may
permit such section to be waived in the case of an individual
during a continuous period of unemployment for whom an
application for unemployment benefits is pending as of a date
that is on or before the effective date specified under
paragraph (1).
(d) Broad Dissemination of Information.--Before the
effective dates specified in subsections (b) and (c), the
Attorney General shall broadly disseminate information
regarding the restrictions on eligibility established under
this part.
PART 2--HOUSING ASSISTANCE
SEC. 611. ACTIONS IN CASES OF TERMINATION OF FINANCIAL
ASSISTANCE.
(a) In General.--Section 214(c)(1) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``may, in its discretion,'' and inserting ``shall'';
(2) in subparagraph (A), by inserting after the period at
the end the following new sentence: ``Financial assistance
continued under this subparagraph for a family may be
provided only on a prorated basis under which the amount of
financial assistance is based on the percentage of the total
number of members of the family that are eligible for such
assistance under the program for financial assistance and
this section.''; and
(3) in subparagraph (B), by striking ``6-month period'' and
all that follows through ``affordable housing'' and inserting
``single 3-month period''.
(b) Scope of Application.--The amendment made by subsection
(a)(3) shall apply to any deferral granted under section
214(c)(1)(B) of the Housing and Community Development Act of
1980 on or after the date of the enactment of this Act,
including any renewal of any deferral initially granted
before such date of enactment, except that a public housing
agency or other entity referred to in such section
214(c)(1)(B) may not renew, after such date of enactment, any
deferral which was granted under such section before such
date and has been effective for at least 3 months on and
after such date.
SEC. 612. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY
FOR FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(d)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or to be'' after ``being'';
(2) in paragraph (1)(A), by inserting at the end the
following new sentences: ``If the declaration states that the
individual is not a citizen or national of the United States,
the declaration shall be verified by the Immigration and
Naturalization Service. If the declaration states that the
individual is a citizen or national of the United States, the
Secretary shall request verification of the declaration by
requiring presentation of documentation the Secretary
considers appropriate, including a social security card,
certificate of birth, driver's license, or other
documentation.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``on the date of the enactment of the Housing and Community
Development Act of 1987'' and inserting ``or applying for
financial assistance''; and
(B) by inserting at the end the following new sentence:
``In the case of an individual applying for financial
assistance, the Secretary may not provide such assistance for
the benefit of the individual before such documentation is
presented and verified under paragraph (3) or (4).'';
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``on the date of the enactment of the Housing and Community
Development Act of 1987'' and inserting ``or applying for
financial assistance'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to exceed 30 days,'' after
``reasonable opportunity''; and
(II) by striking ``and'' at the end; and
(ii) by striking clause (ii) and inserting the following
new clauses:
[[Page 556]]
``(ii) in the case of any individual who is already
receiving assistance, may not delay, deny, reduce, or
terminate the individual's eligibility for financial
assistance on the basis of the individual's immigration
status until such 30-day period has expired, and
``(iii) in the case of any individual who is applying for
financial assistance, may not deny the application for such
assistance on the basis of the individual's immigration
status until such 30-day period has expired; and''; and
(C) in subparagraph (B), by striking clause (ii) and
inserting the following new clause:
``(ii) pending such verification or appeal, the Secretary
may not--
``(I) in the case of any individual who is already
receiving assistance, delay, deny, reduce, or terminate the
individual's eligibility for financial assistance on the
basis of the individual's immigration status, and
``(II) in the case of any individual who is applying for
financial assistance, deny the application for such
assistance on the basis of the individual's immigration
status, and'';
(5) in paragraph (5), by striking all that follows
``satisfactory immigration status'' and inserting the
following: ``, the Secretary shall--
``(A) deny the individual's application for financial
assistance or terminate the individual's eligibility for
financial assistance, as the case may be; and
``(B) provide the individual with written notice of the
determination under this paragraph.''; and
(6) by striking paragraph (6) and inserting the following
new paragraph:
``(6) The Secretary shall terminate the eligibility for
financial assistance of an individual and the members of the
household of the individual, for a period of not less than 24
months, upon determining that such individual has knowingly
permitted another individual who is not eligible for such
assistance to use the assistance (including residence in the
unit assisted).''.
SEC. 613. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING
FINANCIAL ASSISTANCE ELIGIBILITY
DETERMINATIONS.
Section 214(e)(4) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(e)(4)) is amended--
(1) in paragraph (2), by inserting ``or'' at the end;
(2) in paragraph (3), by striking ``, or'' at the end and
inserting a period; and
(3) by striking paragraph (4).
SEC. 614. REGULATIONS.
(a) Issuance.--Not later than the expiration of the 60-day
period beginning on the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall issue
any regulations necessary to implement the amendments made by
this part. Such regulations shall be issued in the form of an
interim final rule, which shall take effect upon issuance and
shall not be subject to the provisions of section 533 of
title 5, United States Code, regarding notice or an
opportunity for comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the
expiration of the period referred to in such subsection, the
regulations relating to restrictions on assistance to
noncitizens, contained in the final rule issued by the
Secretary of Housing and Urban Development in RIN 2501-AA63
(Docket No. R-95-1409; FR-2383-F-050), published in the
Federal Register of March 20, 1995 (Vol. 60., No. 53; pp.
14824-14861), shall not apply after the expiration of such
period.
PART 3--PUBLIC EDUCATION BENEFITS
SEC. 616. AUTHORIZING STATES TO DENY PUBLIC EDUCATION
BENEFITS TO ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES.
(a) In General.--The Immigration and Nationality Act, as
amended by section 321(a)(2), is amended by adding at the end
the following new title:
``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES FROM CERTAIN PROGRAM
``congressional policy regarding ineligibility of aliens not lawfully
present in the United States for public education benefits
``Sec. 601. (a) Because Congress views that the right to a
free public education for aliens who are not lawfully present
in the United States promotes violations of the immigration
laws and because such a free public education for such aliens
creates a significant burden on States' economies and
depletes States' limited educational resources, Congress
declares it to be the policy of the United States that--
``(1) aliens who are not lawfully present in the United
States not be entitled to public education benefits in the
same manner as United States citizens and lawful resident
aliens; and
``(2) States should not be obligated to provide public
education benefits to aliens who are not lawfully present in
the United States.
``(b) Nothing in this section shall be construed as
expressing any statement of Federal policy with regard to--
``(1) aliens who are lawfully present in the United States,
or
``(2) benefits other than public education benefits
provided under State law.
``authority of states
``Sec. 602. (a) In order to carry out the policies
described in section 601, each State may provide that an
alien who is not lawfully present in the United States is not
eligible for public education benefits in the State or, at
the option of the State, may be treated as a non-resident of
the State for purposes of provision of such benefits.
``(b) For purposes of subsection (a), an individual shall
be considered to be not lawfully present in the United States
unless the individual (or, in the case of an individual who
is a child, another on the child's behalf)--
``(1) declares in writing under penalty of perjury that the
individual (or child) is a citizen or national of the United
States and (if required by a State) presents evidence of
United States citizenship or nationality; or
``(2)(A) declares in writing under penalty of perjury that
the individual (or child) is not a citizen or national of the
United States but is lawfully present in the United States,
and
``(B) presents either--
``(i) alien registration documentation or other proof of
immigration registration from the Service, or
``(ii) such other documents as the State determines
constitutes reasonable evidence indicating that the
individual (or child) is lawfully present in the United
States.
If the documentation described in paragraph (2)(B)(i) is
presented, the State may (at its option) verify with the
Service the alien's immigration status through a system
described in section 1137(d)(3) of the Social Security Act
(42 U.S.C. 1320b-7(d)(3)).
``(c) If a State denies public education benefits under
this section with respect to an alien, the State shall
provide the alien with an opportunity for a fair hearing to
establish that the alien is lawfully present in the United
States, consistent with subsection (b) and Federal
immigration law.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 321(a)(1), is amended by adding at the end the
following new items:
``TITLE VI--DISQUALIFICATION OF ALIENS NOT LAWFULLY PRESENT IN THE
UNITED STATES FROM CERTAIN PROGRAM
``Sec. 601. Congressional policy regarding ineligibility of aliens not
lawfully present in the United States for public
education benefits.
``Sec. 602. Authority of States.''.
(c) Effective Date.--The amendments made by this section
shall take effect as of the date of the enactment of this
Act.
Subtitle B--Expansion of Disqualification From Immigration Benefits on
the Basis of Public Charge
SEC. 621. GROUND FOR INADMISSIBILITY.
(a) In General.--Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
``(4) Public charge.--
``(A) Family-sponsored immigrants.--Any alien who seeks
admission or adjustment of status under a visa number issued
under section 203(a), who cannot demonstrate to the consular
officer at the time of application for a visa, or to the
Attorney General at the time of application for admission or
adjustment of status, that the alien's age, health, family
status, assets, resources, financial status, education,
skills, or a combination thereof, and an affidavit of support
described in section 213A, make it unlikely that the alien
will become a public charge (as determined under section
241(a)(5)(B)) is inadmissible.
``(B) Certain employment-based immigrants.--Any alien who
seeks admission or adjustment of status under a visa number
issued under section 203(b) by virtue of a classification
petition filed by a relative of the alien (or by an entity in
which such relative has a significant ownership interest) is
inadmissible unless such relative has executed an affidavit
of support described in section 213A with respect to such
alien.''.
(b) Effective Date.--(1) Subject to paragraph (2), the
amendment made by subsection (a) shall apply to applications
submitted on or after such date, not earlier than 30 days and
not later than 60 days after the date the Attorney General
promulgates under section 632(f) a standard form for an
affidavit of support, as the Attorney General shall specify.
(2) Section 212(a)(4)(C)(i) of the Immigration and
Nationality Act, as amended by subsection (a), shall apply
only to aliens seeking admission or adjustment of status
under a visa number issued on or after October 1, 1996.
SEC. 622. GROUND FOR DEPORTABILITY.
(a) In General.--Paragraph (5) of subsection (a) of section
241 (8 U.S.C. 1251(a)), before redesignation as section 237
by section 305(a)(2), is amended to read as follows:
``(5) Public charge.--
``(A) In general.--Any alien who, within 7 years after the
date of entry or admission, becomes a public charge is
deportable.
``(B) Exceptions.--(i) Subparagraph (A) shall not apply if
the alien establishes that the alien has become a public
charge from causes that arose after entry or admission. A
condition that the alien knew (or had reason to know) existed
at the time of entry or admission shall be deemed to be a
cause that arose before entry or admission.
``(ii) The Attorney General, in the discretion of the
Attorney General, may waive the application of subparagraph
(A) in the case of an alien who is admitted as a refugee
under section 207 or granted asylum under section 208.
[[Page 557]]
``(C) Individuals treated as public charge.--
``(i) In general.--For purposes of this title, an alien is
deemed to be a `public charge' if the alien receives benefits
(other than benefits described in subparagraph (E)) under one
or more of the public assistance programs described in
subparagraph (D) for an aggregate period, except as provided
in clauses (ii) and (iii), of at least 12 months within 7
years after the date of entry. The previous sentence shall
not be construed as excluding any other bases for considering
an alien to be a public charge, including bases in effect on
the day before the date of the enactment of the Immigration
in the National Interest Act of 1996. The Attorney General,
in consultation with the Secretary of Health and Human
Services, shall establish rules regarding the counting of
health benefits described in subparagraph (D)(iv) for
purposes of this subparagraph.
``(ii) Determination with respect to battered women and
children.--For purposes of a determination under clause (i)
and except as provided in clause (iii), the aggregate period
shall be 48 months within 7 years after the date of entry if
the alien can demonstrate that (I) the alien has been
battered or subject to extreme cruelty in the United States
by a spouse or parent, or by a member of the spouse or
parent's family residing in the same household as the alien
and the spouse or parent consented or acquiesced to such
battery or cruelty, or (II) the alien's child has been
battered or subject to extreme cruelty in the United States
by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and the need
for the public benefits received has a substantial connection
to the battery or cruelty described in subclause (I) or (II).
``(iii) Special rule for ongoing battery or cruelty.--For
purposes of a determination under clause (i), the aggregate
period may exceed 48 months within 7 years after the date of
entry if the alien can demonstrate that any battery or
cruelty under clause (ii) is ongoing, has led to the issuance
of an order of a judge or an administrative law judge or a
prior determination of the Service, and that the need for the
benefits received has a substantial connection to such
battery or cruelty.
``(D) Public assistance programs.--For purposes of
subparagraph (B), the public assistance programs described in
this subparagraph are the following (and include any
successor to such a program as identified by the Attorney
General in consultation with other appropriate officials):
``(i) SSI.--The supplemental security income program under
title XVI of the Social Security Act, including State
supplementary benefits programs referred to in such title.
``(ii) AFDC.--The program of aid to families with dependent
children under part A or E of title IV of the Social Security
Act.
``(iii) Medicaid.--The program of medical assistance under
title XIX of the Social Security Act.
``(iv) Food stamps.--The program under the Food Stamp Act
of 1977.
``(v) State general cash assistance.--A program of general
cash assistance of any State or political subdivision of a
State.
``(vi) Housing assistance.--Financial assistance as defined
in section 214(b) of the Housing and Community Development
Act of 1980.
``(E) Certain assistance excepted.--For purposes of
subparagraph (B), an alien shall not be considered to be a
public charge on the basis of receipt of any of the following
benefits:
``(i) Emergency medical services.--The provision of
emergency medical services (as defined by the Attorney
General in consultation with the Secretary of Health and
Human Services).
``(ii) Public health immunizations.--Public health
assistance for immunizations with respect to immunizable
diseases and for testing and treatment for communicable
diseases.
``(iii) Short-term emergency relief.--The provision of non-
cash, in-kind, short-term emergency relief.''.
(b) Effective Date.--(1) The amendment made by subsection
(a) shall take effect as of the first day of the first month
beginning at least 30 days after the date of the enactment of
this Act.
(2) In applying section 241(a)(5)(C) of the Immigration and
Nationality Act (which is subsequently redesignated as
section 237(a)(5)(C) of such Act), as amended by subsection
(a), no receipt of benefits under a public assistance program
before the effective date described in paragraph (1) shall be
taken into account.
Subtitle C--Attribution of Income and Affidavits of Support
SEC. 631. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO
FAMILY-SPONSORED IMMIGRANTS.
(a) Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
(except as provided in paragraph (2)), in determining the
eligibility and the amount of benefits of an alien for any
Federal means-tested public benefits program (as defined in
subsection (d)) the income and resources of the alien shall
be deemed to include--
(A) the income and resources of any individual who executed
an affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as inserted by section
632(a)) in behalf of such alien, and
(B) the income and resources of the spouse (if any) of the
individual.
(2) Exceptions.--Paragraph (1) shall not apply to the
following:
(A) Medical assistance provided for emergency medical
services under title XIX of the Social Security Act.
(B) The provision of short-term, non-cash, in kind
emergency relief.
(C) Benefits under the National School Lunch Act.
(D) Assistance under the Child Nutrition Act of 1966.
(E) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment for
communicable diseases.
(F) The provision of services directly related to assisting
the victims of domestic violence or child abuse.
(G) Benefits under programs of student assistance under
titles IV, V, IX, and X of the Higher Education Act of 1965
and titles III, VII, and VIII of the Public Health Service
Act.
(H) Benefits under means-tested programs under the
Elementary and Secondary Education Act of 1965.
(I) Benefits under the Head Start Act.
(b) Period of Attribution.--
(1) Parents of united states citizens and adult sons and
daughters of citizens and permanent residents.--Subsection
(a) shall apply with respect to an alien who is admitted to
the United States as the parent of a United States citizen
under section 201(b)(2) of the Immigration and Nationality
Act, or as the son or daughter of a citizen or lawful
permanent resident under paragraph (1) or (3) of section
203(a) of such Act, until the alien is naturalized as a
citizen of the United States.
(2) Spouses of united states citizens and lawful permanent
residents.--Subsection (a) shall apply with respect to an
alien who is admitted to the United States as the spouse of a
United States citizen or lawful permanent resident under
section 201(b)(2) of 203(a)(1) of the Immigration and
Nationality Act until--
(A) 7 years after the date the alien is lawfully admitted
to the United States for permanent residence, or
(B) the alien is naturalized as a citizen of the United
States,
whichever occurs first.
(3) Minor children of united states citizens and lawful
permanent residents.--Subsection (a) shall apply with respect
to an alien who is admitted to the United States as the minor
child
of a United States citizen or lawful permanent resident
under section 201(b)(2) of 203(a)(1) of the Immigration and
Nationality Act until the child attains the age of 21 years
or, if earlier, the date the child is naturalized as a
citizen of the United States.
(4) Attribution of sponsor's income and resources ended if
sponsored alien becomes eligible for old-age benefits under
title ii of the social security act.--
(A) Notwithstanding any other provision of this section,
subsection (a) shall not apply and the period of attribution
of a sponsor's income and resources under this subsection
shall terminate if the alien is able to prove to the
satisfaction of the Attorney General that the alien has been
employed for 40 qualifying quarters of coverage as defined
under title II of the Social Security Act and the alien did
not receive any benefit under a means-tested public benefits
program of (or contributed to by) the Federal Government
during any such quarter.
(B) The Attorney General shall ensure that appropriate
information pursuant to subparagraph (A) is provided to the
System for Alien Verification of Eligibility (SAVE).
(5) Battered women and children.--Notwithstanding any other
provision of this section, subsections (a) and (c) shall not
apply and the period of attribution of the income and
resources of any individual under paragraphs (1) or (2) of
subsection (a) or paragraph (1) shall not apply--
(A) for up to 48 months if the alien can demonstrate that
(i) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (ii) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and need for
the public benefits applied for has a substantial connection
to the battery or cruelty described in clause (i) or (ii);
and
(B) for more than 48 months if the alien can demonstrate
that any battery or cruelty under subparagraph (A) is
ongoing, has led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that need for such benefits has a substantial
connection to such battery or cruelty.
(c) Optional Application to State Programs.--
(1) Authority.--Notwithstanding any other provision of law,
in determining the eligibility and the amount of benefits of
an alien for any State means-tested public benefits program,
the State or political subdivi
[[Page 558]]
sion that offers the program is authorized to provide that
the income and resources of the alien shall be deemed to
include--
(A) the income and resources of any individual who executed
an affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as inserted by section
632(a)) in behalf of such alien, and
(B) the income and resources of the spouse (if any) of the
individual.
(2) Period of attribution.--The period of attribution of a
sponsor's income and resources in determining the eligibility
and amount of benefits for an alien under any State means-
tested public benefits program pursuant to paragraph (1) may
not exceed the Federal period of attribution with respect to
the alien.
(d) Means-Tested Program Defined.--In this section:
(1) The term ``means-tested public benefits program'' means
a program of public benefits (including cash, medical,
housing, and food assistance and social services) of the
Federal Government or of a State or political subdivision of
a State in which the eligibility of an individual, household,
or family eligibility unit for benefits under the program, or
the amount of such benefits, or both are determined on the
basis of income, resources, or financial need of the
individual, household, or unit.
(2) The term ``Federal means-tested public benefits
program'' means a means-tested public benefits program of (or
contributed to by) the Federal Government.
(3) The term ``State means-tested public benefits program''
means a means-tested public benefits program that is not a
Federal means-tested program.
SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II is amended by inserting after
section 213 the following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--(1) No affidavit of
support may be accepted by the Attorney General or by any
consular officer to establish that an alien is not
inadmissible as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the alien
as a contract--
``(A) that is legally enforceable against the sponsor by
the Federal Government and by any State (or any political
subdivision of such State) that provides any means-tested
public benefits program, subject to subsection (b)(4); and
``(B) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (b)(2).
``(2)(A) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the United
States as the parent of a United States citizen under section
201(b)(2) until the alien is naturalized as a citizen of the
United States.
``(B) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the United
States as the spouse of a United States citizen or lawful
permanent resident under section 201(b)(2) or 203(a)(2)
until--
``(i) 7 years after the date the alien is lawfully admitted
to the United States for permanent residence, or
``(ii) such time as the alien is naturalized as a citizen
of the United States,
whichever occurs first.
``(C) An affidavit of support shall be enforceable with
respect to benefits provided under any means-tested public
benefits program for an alien who is admitted to the United
States as the minor child of a United States citizen or
lawful permanent resident under section 201(b)(2) or section
203(a)(2) until the child attains the age of 21 years.
``(D)(i) Notwithstanding any other provision of this
subparagraph, a sponsor shall be relieved of any liability
under an affidavit of support if the sponsored alien is able
to prove to the satisfaction of the Attorney General that the
alien has been employed for 40 qualifying quarters of
coverage as defined under title II of the Social Security Act
and the alien did not receive any benefit under a means-
tested public benefits program of (or contributed to by) the
Federal Government during any such quarter.
``(ii) The Attorney General shall ensure that appropriate
information pursuant to clause (i) is provided to the System
for Alien Verification of Eligibility (SAVE).
``(b) Reimbursement of Government Expenses.--(1)(A) Upon
notification that a sponsored alien has received any benefit
under any means-tested public benefits program, the
appropriate Federal, State, or local official shall request
reimbursement by the sponsor in the amount of such
assistance.
``(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe such
regulations as may be necessary to carry out subparagraph
(A).
``(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received
a response from the sponsor indicating a willingness to
commence payments, an action may be brought against the
sponsor pursuant to the affidavit of support.
``(3) If the sponsor fails to abide by the repayment terms
established by such agency, the agency may, within 60 days of
such failure, bring an action against the sponsor pursuant to
the affidavit of support.
``(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits program.
``(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement from
the sponsor in the amount of assistance provided, or brings
an action against the sponsor pursuant to the affidavit of
support, the appropriate agency may appoint or hire an
individual or other person to act on behalf of such agency
acting under the authority of law for purposes of collecting
any moneys owed. Nothing in this subsection shall preclude
any appropriate Federal, State, or local agency from directly
requesting reimbursement from a sponsor for the amount of
assistance provided, or from bringing an action against a
sponsor pursuant to an affidavit of support.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for
specific performance and payment of legal fees and other
costs of collection, and include corresponding remedies
available under State law. A Federal agency may seek to
collect amounts owed under this section in accordance with
the provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(d) Notification of Change of Address.--(1) The sponsor
of an alien shall notify the Federal Government and the State
in which the sponsored alien is currently residing within 30
days of any change of address of the sponsor during the
period specified in subsection (a)(1).
``(2) Any person subject to the requirement of paragraph
(1) who fails to satisfy such requirement shall be subject to
a civil penalty of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the
sponsored alien has received any benefit under any means-
tested public benefits program, not less than $2,000 or more
than $5,000.
``(e) Definitions.--For the purposes of this section--
``(1) Sponsor.--The term `sponsor' means, with respect to
an alien, an individual who--
``(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(B) is 18 years of age or over;
``(C) is domiciled in any State;
``(D) demonstrates, through presentation of a certified
copy of an individual's Federal income tax returns for the
individual's most recent two taxable years and a written
statement, executed under oath or as permitted under penalty
of perjury under section 1746 of title 28, United States
Code, that the copies are accurate copies of such returns,
(i) the means to maintain an annual income equal to at least
200 percent of the poverty level for the individual and the
individual's family (including the alien and any other aliens
with respect to whom the individual is a sponsor), or (ii)
for an individual who is on active duty (other than active
duty for training) in the Armed Forces of the United States,
the means to maintain an annual income equal to at least 100
percent of the poverty level for the individual and the
individual's family including the alien and any other aliens
with respect to whom the individual is a sponsor); and
``(E) is petitioning for the admission of the alien under
section 204 (or is an individual who is a United States
citizen and who accepts joint and several liability with the
petitioner).
``(2) Federal poverty line.--The term `Federal poverty
line' means the income official poverty line (as defined in
section 673(2) of the Community Services Block Grant Act)
that is applicable to a family of the size involved.
``(3) Means-tested public benefits program.--
``(A) In general.--Subject to subparagraph (B), the term
`means-tested public benefits program' means a program of
public benefits (including cash, medical, housing, and food
assistance and social services) of the Federal Government or
of a State or political subdivision of a State in which the
eligibility of an individual, household, or family
eligibility unit for benefits under the program, or the
amount of such benefits, or both are determined on the basis
of income, resources, or financial need of the individual,
household, or unit.
``(B) Exceptions.--Such term does not include the following
benefits:
``(i) Medical assistance provided for emergency medical
services under title XIX of the Social Security Act.
``(ii) The provision of short-term, non-cash, in kind
emergency relief.
``(iii) Benefits under the National School Lunch Act.
``(iv) Assistance under the Child Nutrition Act of 1966.
``(v) Public health assistance for immunizations with
respect to immunizable diseases and for testing and treatment
for communicable diseases.
``(vi) The provision of services directly related to
assisting the victims of domestic violence or child abuse.
``(vii) Benefits under programs of student assistance under
titles IV, V, IX, and X of the Higher Education Act of 1965
and titles
[[Page 559]]
III, VII, and VIII of the Public Health Service Act.
``(viii) Benefits under means-tested programs under the
Elementary and Secondary Education Act of 1965.
``(ix) Benefits under the Head Start Act.''.
(b) Requirement of Affidavit of Support From Employment
Sponsors.--For requirement for affidavit of support from
individuals who file classification petitions for a relative
as an employment-based immigrant, see the amendment made by
section 621(a).
(c) Settlement of Claims Prior to Naturalization.--Section
316 (8 U.S.C. 1427) is amended--
(1) in subsection (a), by striking ``and'' before ``(3)'',
and by inserting before the period at the end the following:
``, and (4) in the case of an applicant that has received
assistance under a means-tested public benefits program (as
defined in subsection (f)(3) of section 213A) administered by
a Federal, State, or local agency and with respect to which
amounts may be owing under an affidavit of support executed
under such section, provides satisfactory evidence that there
are no outstanding amounts that may be owed to any such
Federal, State, or local agency pursuant to such affidavit by
the sponsor who executed such affidavit, except as provided
in subsection (g)''; and
(2) by adding at the end the following new subsection:
``(g) Clause (4) of subsection (a) shall not apply to an
applicant where the applicant can demonstrate that--
``(A) either--
``(i) the applicant has been battered or subject to extreme
cruelty in the United States by a spouse or parent or by a
member of the spouse or parent's family residing in the same
household as the applicant and the spouse or parent consented
or acquiesced to such battery or cruelty, or
``(ii) the applicant's child has been battered or subject
to extreme cruelty in the United States by the applicant's
spouse or parent (without the active participation of the
applicant in the battery or extreme cruelty), or by a member
of the spouse or parent's family residing in the same
household as the applicant when the spouse or parent
consented or acquiesced to and the applicant did not actively
participate in such battery or cruelty;
``(B) such battery or cruelty has led to the issuance of an
order of a judge or an administrative law judge or a prior
determination of the Service; and
``(C) the need for the public benefits received as to which
amounts are owing had a substantial connection to the battery
or cruelty described in subparagraph (A).''.
(d) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 213 the
following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(e) Effective Date.--Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection
(a) of this section, shall apply to affidavits of support
executed on or after a date specified by the Attorney
General, which date shall be not earlier than 60 days (and
not later than 90 days) after the date the Attorney General
formulates the form for such affidavits under subsection (f)
of this section.
(f) Promulgation of Form.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General, in
consultation with the Secretary of State and the Secretary of
Health and Human Services, shall promulgate a standard form
for an affidavit of support consistent with the provisions of
section 213A of the Immigration and Nationality Act.
SEC. 633. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965 (20
U.S.C. 1091(b)) is amended by adding at the end the following
new paragraph:
``(6) Notwithstanding sections 427(a)(2)(A), 428B(a),
428C(b)(4)(A), and 464(c)(1)(E), a student who is an alien
lawfully admitted under the Immigration and Nationality Act,
otherwise eligible for student financial assistance under
this title, and for whom an affidavit of support has been
provided under section 213A of such Act shall not be eligible
for a loan under this title unless the loan is endorsed and
cosigned by the alien's sponsor under such section or by
another credit-worthy individual who is a citizen or national
of the United States.''.
SEC. 634. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as an entitlement or
a determination of an individual's eligibility or fulfillment
of the requisite requirements for any Federal, State, or
local governmental program, assistance, or benefits. For
purposes of this title, eligibility relates only to the
general issue of eligibility or ineligibility on the basis of
alienage.
TITLE VII--FACILITATION OF LEGAL ENTRY
SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE
IMPROVEMENTS.
(a) Increased Personnel.--
(1) In general.--In order to eliminate undue delay in the
thorough inspection of persons and vehicles lawfully
attempting to enter the United States, the Attorney General
shall increase, by approximately equal numbers in each of the
fiscal years 1996 and 1997, the number of full-time land
border inspectors assigned to active duty by the Immigration
and Naturalization Service to a level adequate to assure full
staffing during peak crossing hours of all border crossing
lanes now in use, under construction, or construction of
which has been authorized by Congress.
(2) Deployment of personnel.--The Attorney General shall,
to the maximum extent practicable, ensure that the personnel
hired pursuant to this subsection shall be deployed among the
various Immigration and Naturalization Service sectors in
proportion to the number of land border crossings measured in
each such sector during the preceding fiscal year.
(b) Improved Infrastructure.--
(1) In general.--The Attorney General from time to time may
identify those physical improvements to the infrastructure of
the international land borders of the United States necessary
to expedite the inspection by the Immigration and
Naturalization Service of persons and vehicles attempting to
lawfully enter the United States in accordance with existing
policies and procedures of the Immigration and Naturalization
Service and the Drug Enforcement Agency.
(2) Priorities.--Such improvements to the infrastructure of
the land border of the United States shall be substantially
completed and fully funded in those portions of the United
States where the Attorney General, in consultation with the
Committees on the Judiciary of the House of Representatives
and the Senate, objectively determines the need to be
greatest or most immediate before the Attorney General may
obligate funds for construction of any improvement otherwise
located.
SEC. 702. COMMUTER LANE PILOT PROGRAMS.
(a) Making Land Border Inspection Fee Permanent.--Section
286(q) (8 U.S.C. 1356(q)) is amended--
(1) in paragraph (1), by striking ``a project'' and
inserting ``projects'';
(2) in paragraph (1), by striking ``Such project'' and
inserting ``Such projects''; and
(3) by striking paragraph (5).
(b) Conforming Amendment.--The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161)
is amended by striking the fourth proviso under the heading
``Immigration and Naturalization Service, Salaries and
Expenses''.
SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following new
section:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--
(1) Subject to paragraph (4), not later than 2 years after
the date of the enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish and maintain preinspection stations in at least 5
of the foreign airports that are among the 10 foreign
airports which the Attorney General identifies as serving as
last points of departure for the greatest numbers of
passengers who arrive from abroad by air at ports of entry
within the United States. Such preinspection stations shall
be in addition to any preinspection stations established
prior to the date of the enactment of this section.
``(2) Not later than November 1, 1995, and each subsequent
November 1, the Attorney General shall compile data
identifying--
``(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States
ports of entry without valid documentation during the
preceding fiscal years,
``(B) the number and nationality of such aliens arriving
from each such foreign airport, and
``(C) the primary routes such aliens followed from their
country of origin to the United States.
``(3) Subject to paragraph (4), not later than 4 years
after the date of enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall
establish preinspection stations in at least 5 additional
foreign airports which the Attorney General, in consultation
with the Secretary of State, determines based on the data
compiled under paragraph (2) and such other information as
may be available would most effectively reduce the number of
aliens who arrive from abroad by air at points of entry
within the United States without valid documentation. Such
preinspection stations shall be in addition to those
established prior to or pursuant to paragraph (1).
``(4) Prior to the establishment of a preinspection station
the Attorney General, in consultation with the Secretary of
State, shall ensure that--
``(A) employees of the United States stationed at the
preinspection station and their accompanying family members
will receive appropriate protection,
``(B) such employees and their families will not be subject
to unreasonable risks to their welfare and safety, and
``(C) the country in which the preinspection station is to
be established maintains practices and procedures with
respect to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at
Geneva, July 28, 1951), or the Protocol Relating to the
Status of Refugees (done at New York, January 31, 1967).
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent
documents at foreign airports which, based on the records
maintained pursuant to subsection (a)(2), served as a point
of depar
[[Page 560]]
ture for a significant number of arrivals at United States
ports of entry without valid documentation, but where no
preinspection station exists.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 308(a)(2), is further amended by inserting after
the item relating to section 235 the following new item:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF
FRAUDULENT DOCUMENTS.
(a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(1) in clause (iv), by inserting ``, including training of,
and technical assistance to, commercial airline personnel
regarding such detection'' after ``United States'', and
(2) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of the
total of the expenses incurred that are described in the
previous sentence.''.
(b) Compliance With Detection Regulations.--Section 212(f)
(8 U.S.C. 1182(f)) is amended by adding at the end the
following: ``Whenever the Attorney General finds that a
commercial airline has failed to comply with regulations of
the Attorney General relating to requirements of airlines for
the detection of fraudulent documents used by passengers
traveling to the United States (including the training of
personnel in such detection), the Attorney General may
suspend the entry of some or all aliens transported to the
United States by such airline.''.
(c) Effective Dates.--
(1) The amendments made by subsection (a) shall apply to
expenses incurred during or after fiscal year 1996.
(2) The Attorney General shall first issue, in proposed
form, regulations referred to in the second sentence of
section 212(f) of the Immigration and Nationality Act, as
added by the amendment made by subsection (b), by not later
than 90 days after the date of the enactment of this Act.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--Amendments to the Immigration and Nationality Act
SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF
MEMBERS OF THE ARMED SERVICES.
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
(1) by striking ``or'' at the end of subparagraph (R),
(2) by striking the period at the end of subparagraph (S)
and inserting ``; or'', and
(3) by inserting after subparagraph (S) the following new
subparagraph:
``(T) an alien who is the spouse or child of a another
alien who is serving on active duty in the Armed Forces of
the United States during the period in which the other alien
is stationed in the United States.''.
SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)),
as amended by section 222 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416), is
amended--
(1) in subparagraph (N), by striking ``of title 18, United
States Code'' and inserting ``of this Act'', and
(2) in subparagraph (O), by striking ``which constitutes''
and all that follows up to the semicolon at the end and
inserting ``, for the purpose of commercial advantage''.
(b) Effective Date of Conviction.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)), as amended by section 222(a) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416), is amended by adding at the end the
following sentence: ``Notwithstanding any other provision of
law, the term applies for all purposes to convictions entered
before, on, or after the date of enactment of the Immigration
and Nationality Technical Corrections Act of 1994.''.
(c) Effective Date.--The amendments made by this section
shall be effective as if included in the enactment of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416).
SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.
(a) In General.--Section 202(a) (8 U.S.C. 1152(a)) is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (5)'', and
(2) by adding at the end the following new paragraph:
``(5) Construction.--Nothing in paragraph (1) shall be
construed to limit the authority of the Secretary of State to
determine the procedures for the processing of immigrant visa
applications or the locations where such applications will be
processed.''.
(b) Elimination of Consulate Shopping for Visa Overstays.--
Section 222 (8 U.S.C. 1202) is amended by adding at the end
the following new subsection:
``(g) In the case of an alien who has entered and remained
in the United States beyond the authorized period of stay,
the alien is not eligible to be admitted to the United States
as a nonimmigrant on the basis of a visa issued other than in
a consular office located in the country of the alien's
nationality (or, if there is no office in such country, at
such other consular office as the Secretary of State shall
specify).''.
(c) Effective Date.--The amendments made by this section
shall apply to visas issued before, on, or after the date of
the enactment of this Act.
SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF
APPLICATION FOR VISAS.
Section 212(b) (8 U.S.C. 1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ``If'' and inserting ``(1) Subject to
paragraph (2), if''; and
(3) by inserting at the end the following paragraph:
``(2) With respect to applications for visas, the Secretary
of State may waive the application of paragraph (1) in the
case of a particular alien or any class or classes of aliens
inadmissible under subsection (a)(2) or (a)(3).''.
SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.
Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
(1) by striking ``and residents'' and inserting ``,
residents'', and
(2) by striking ``nationals,'' and inserting ``nationals,
and aliens who are granted permanent residence by the
government of the foreign contiguous territory and who are
residing in that territory''.
SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.
(a) Provisions Relating to Wage Determinations.--Section
212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the
following new paragraphs:
``(3) For purposes of determining the actual wage level
paid under paragraph (1)(A)(i)(I), an employer shall not be
required to have and document an objective system to
determine the wages of workers.
``(4) For purposes of determining the actual wage level
paid under paragraph (1)(A)(i)(I), a non-H-1B-dependent
employer of more than 1,000 full-time equivalent employees in
the United States may demonstrate that in determining the
wages of H-1B nonimmigrants, it utilizes a compensation and
benefits system that has been previously certified by the
Secretary of Labor (and recertified at such intervals the
Secretary of Labor may designate) to satisfy all of the
following conditions:
``(A) The employer has a company-wide compensation policy
for its full-time equivalent employees which ensures salary
equity among employees similarly employed.
``(B) The employer has a company-wide benefits policy under
which all full-time equivalent employees similarly employed
are eligible for substantially the same benefits or under
which some employees may accept higher pay, at least equal in
value to the benefits, in lieu of benefits.
``(C) The compensation and benefits policy is communicated
to all employees.
``(D) The employer has a human resources or compensation
function that administers its compensation system.
``(E) The employer has established documentation for the
job categories in question.
An employer's payment of wages consistent with a system which
meets the conditions of subparagraphs (A) through (E) of this
paragraph which has been certified by the Secretary of Labor
pursuant to this paragraph shall be deemed to satisfy the
requirements of paragraph (1)(A)(i)(I).
``(5) For purposes of determining the prevailing wage level
paid under paragraph (1)(A)(i)(II), employers may provide a
published survey, a State Employment Security Agency
determination, a determination by an accepted private source,
or any other legitimate source. The Secretary of Labor shall,
not later than 180 days from the date of enactment of this
paragraph, provide for acceptance of prevailing wage
determinations not made by a State Employment Security
Agency. The Secretary of Labor or the Secretary's designate
must either accept such a non-State Employment Security
Agency wage determination or issue a written decision
rejecting the determination and detailing the legitimate
reasons that the determination is not acceptable. If a
detailed rejection is not issued within 45 days of the date
of the Secretary's receipt of such determination, the
determination will be deemed accepted. An employer's payment
of wages consistent with a prevailing wage determination not
rejected by the Secretary of Labor under this paragraph shall
be deemed to satisfy the requirements of paragraph
(1)(A)(i)(II).''.
(b) Inapplicability of Certain Regulations to Non-H-1B-
Dependent Employers.--
(1) Definition of h-1b-dependent employer.--Section
212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by inserting after
subparagraph (D) the following new subparagraphs:
``(E) In this subsection, the term `H-1B-dependent
employer' means an employer that--
``(i)(I) has fewer than 21 full-time equivalent employees
who are employed in the United States, and (II) employs 4 or
more H-1B nonimmigrants; or
``(ii)(I) has at least 21 but not more than 150 full-time
equivalent employees who are employed in the United States,
and (II) employs H-1B nonimmigrants in a number that is equal
to at least 20 percent of the number of such full-time
equivalent employees; or
``(iii)(I) has at least 151 full-time equivalent employees
who are employed in the United States, and (II) employs H-1B
nonimmigrants in a number that is equal to at least 15
percent of the number of such full-time equivalent employees.
In applying this subparagraph, any group treated as a single
employer under subsection (b), (c), (m), or (o) of section
414 of
[[Page 561]]
the Internal Revenue Code of 1986 shall be treated as a
single employer. Aliens employed under a petition for H-1B
nonimmigrants shall be treated as employees, and counted as
nonimmigrants under section 101(a)(15)(H)(i)(b) under this
subparagraph. In this subsection, the term `non-H-1B-
dependent employer' means an employer that is not an H-1B-
dependent employer.
``(F)(i) An employer who is an H-1B-dependent employer as
defined in subparagraph (E) can nevertheless be treated as a
non-H-1B-dependent employer for five years on a probationary
status if--
``(I) the employer has demonstrated to the satisfaction of
the Secretary of Labor that it has developed a reasonable
plan for reducing its use of H-1B nonimmigrants over a five-
year period to the level of a non-H-1B-dependent employer,
and
``(II) annual reviews of that plan by the Secretary of
Labor indicate successful implementation of that plan.
If the employer has not met the requirements established in
this clause, the probationary status ends and the employer
shall be treated as an H-1B-dependent employer until such
time as the employer can prove to the Secretary of Labor that
it no longer is an H-1B-dependent employer as defined in
subparagraph (E).
``(ii) The probationary program set out in clause (i) shall
be effective for no longer than five years after the date of
the enactment of this subparagraph.''.
(2) Limiting application of certain requirements for non-h-
1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)),
as amended by subsection (a), is further amended by adding at
the end the following new paragraph:
``(6) In carrying out this subsection in the case of an
employer that is a non-H-1B-dependent employer--
``(A) the employer is not required to post a notice at a
worksite that was not listed on the application under
paragraph (1) if the worksite is within the area of intended
employment listed on such application for such nonimmigrant;
and
``(B) if the employer has filed and had certified an
application under paragraph (1) with respect to one or more
H-1B nonimmigrants for one or more areas of employment--
``(i) the employer is not required to file and have
certified an additional application under paragraph (1) with
respect to such a nonimmigrant for an area of employment not
listed in the previous application because the employer has
placed one or more such nonimmigrants in such a nonlisted
area so long as either (I) each such nonimmigrant is not
placed in such nonlisted areas for a period exceeding 45
workdays in any 12-month period and not to exceed 90 workdays
in any 36-month period, or (II) each such nonimmigrant's
principal place of employment has not changed to a nonlisted
area, and
``(ii) the employer is not required to pay per diem and
transportation costs at any specified rates for work
performed in such a nonlisted area.''.
(3) Limitation on authority to initiate complaints and
conduct investigations for non-h-1b-dependent employers.--
Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
(A) in the second sentence, by inserting before the period
at the end the following: ``, except that the Secretary may
only file such a complaint in the case of an H-1B-dependent
employer (as defined in subparagraph (E)) or when conducting
an annual review of a plan pursuant to subparagraph (F)(i) if
there appears to be a violation of an attestation or a
misrepresentation of a material fact in an application'', and
(B) by inserting after the second sentence the following
new sentence: ``No investigation or hearing shall be
conducted with respect to a non-H-1B-dependent employer
except in response to a complaint filed under the previous
sentence.''.
(c) No Displacement of American Workers Permitted.--(1)
Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by
inserting after subparagraph (D) the following new
subparagraph:
``(E)(i) If the employer, within the period beginning 6
months before and ending 90 days following the date of filing
of the application or during the 90 days immediately
preceding and following the date of filing of any visa
petition supported by the application, has laid off or lays
off any protected individual with substantially equivalent
qualifications and experience in the specific employment as
to which the nonimmigrant is sought or is employed, the
employer will pay a wage to the nonimmigrant that is at least
110 percent of the arithmetic mean of the last wage earned by
all such laid off individuals (or, if greater, at least 110
percent of the arithmetic mean of the highest wage earned by
all such laid off individuals within the most recent year if
the employer reduced the wage of any such laid off individual
during such year other than in accordance with a general
company-wide reduction of wages for substantially all
employees).
``(ii) Except as provided in clause (iii), in the case of
an H-1B-dependent employer which employs an H-1B
nonimmigrant, the employer shall not place the nonimmigrant
with another employer where--
``(I) the nonimmigrant performs his or her duties in whole
or in part at one or more worksites owned, operated, or
controlled by such other employer, and
``(II) there are indicia of an employment relationship
between the nonimmigrant and such other employer.
``(iii) Clause (ii) shall not apply to an employer's
placement of an H-1B nonimmigrant with another employer if--
``(I) the other employer has executed an attestation that
it, within the period beginning 6 months before and ending 90
days following the date of filing of the application or
during the 90 days immediately preceding and following the
date of filing of any visa petition supported by the
application, has not laid off and will not lay off any
protected individual with substantially equivalent
qualifications and experience in the specific employment as
to which the H-1B nonimmigrant is being sought or is
employed, or
``(II) the employer pays a wage to the nonimmigrant that is
at least 110 percent of the arithmetic mean of the last wage
earned by all such laid off individuals (or, if greater, at
least 110 percent of the arithmetic mean of the highest wage
earned by all such laid off individuals within the most
recent year if the other employer reduced the wage of any
such laid off individual during such year other than in
accordance with a general company-wide reduction of wages for
substantially all employees).
``(iv) For purposes of this subparagraph, the term `laid
off', with respect to an individual--
``(I) refers to the individual's loss of employment, other
than a discharge for inadequate performance, cause, voluntary
departure, or retirement, and
``(II) does not include any situation in which the
individual involved is offered, as an alternative to such
loss of employment, a similar job opportunity with the same
employer (or with the H-1B-dependent employer described in
clause (ii)) carrying equivalent or higher compensation and
benefits as the position from which the employee was laid
off, regardless of whether or not the employee accepts the
offer.
``(v) For purposes of this subparagraph, the term
`protected individual' means an individual who--
``(I) is a citizen or national of the United States, or
``(II) is an alien who is lawfully admitted for permanent
residence, is granted the status of an alien lawfully
admitted for temporary residence under section 210(a),
210A(a), or 245(a)(1), is admitted as a refugee under section
207, or is granted asylum under section 208.''.
(2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by
subsection (b)(1), is amended by adding at the end the
following new subparagraph:
``(G) Under regulations of the Secretary, the previous
provisions of this paragraph shall apply to complaints
respecting a failure of an other employer to comply with an
attestation described in paragraph (1)(E)(iii)(I) in the same
manner that they apply to complaints with respect to a
failure to comply with a condition described in paragraph
(1)(E)(i).''.
(3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is
amended by inserting ``or (1)(E)'' after ``(1)(B)''.
(d) Increased Penalties.--Section 212(n)(2) is amended--
(1) in subparagraph (C)(i), by striking ``$1,000'' and
inserting ``$5,000'';
(2) by amending subparagraph (C)(ii) to read as follows:
``(ii) the Attorney General shall not approve petitions
filed with respect to that employer (or any employer who is a
successor in interest) under section 204 or 214(c) for aliens
to be employed by the employer--
``(I) during a period of at least 1 year in the case of the
first determination of a violation or any subsequent
determination of a violation occurring within 1 year of that
first violation or any subsequent determination of a
nonwillful violation occurring more than 1 year after the
first violation;
``(II) during a period of at least 5 years in the case of a
determination of a willful violation occurring more than 1
year after the first violation; and
``(III) at any time in the case of a determination of a
willful violation occurring more than 5 years after a
violation described in subclause (II).''; and
(3) in subparagraph (D), by adding at the end the
following: ``If a penalty under subparagraph (C) has been
imposed in the case of a willful violation, the Secretary
shall impose on the employer a civil monetary penalty in an
amount equalling twice the amount of backpay.''.
(e) Computation of Prevailing Wage Level.--Section 212(n)
(8 U.S.C. 1182(n)), as amended by subsections (a) and (b)(2),
is further amended by adding at the end the following new
paragraph:
``(7) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of paragraph (1)(A)(i)(II) and subsection (a)(5)(A)
in the case of an employee of (A) an institution of higher
education (as defined in section 1201(a) of the Higher
Education Act of 1965), or a related or affiliated nonprofit
entity, or (B) a nonprofit scientific research organization,
the prevailing wage level shall only take into account
employees at such institutions and entities in the area of
employment.''.
(f) Conforming Amendments.--Section 212(n) (8 U.S.C.
1182(n)) is further amended--
(1) in the matter in paragraph (1) before subparagraph (A),
by inserting ``(in this subsection referred to as an `H-1B
nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
(2) in paragraph (1)(A), by striking ``nonimmigrant
described in section 101(a)(15)(H)(i)(b)'' and inserting ``H-
1B nonimmigrant''.
[[Page 562]]
(g) Effective Dates.--
(1) Except as otherwise provided in this subsection, the
amendments made by this section shall take effect on the date
of the enactment of this Act and shall apply to applications
filed with the Secretary of Labor on or after 30 days after
the date of the enactment of this Act.
(2) The amendments made by subsection (b)(3) shall apply to
complaints filed, and to investigations or hearings
initiated, on or after January 19, 1995.
SEC. 807. VALIDITY OF PERIOD OF VISAS.
(a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking
``four months'' and inserting ``six months''.
(b) Authorizing Application of Reciprocity Rule for
Nonimmigrant Visa in Case of Refugees and Permanent
Residents.--Such section is further amended by inserting
before the period at the end of the third sentence the
following: ``; except that in the case of aliens who are
nationals of a foreign country and who either are granted
refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in
another foreign country, the Secretary of State may prescribe
the period of validity of such a visa based upon the
treatment granted by that other foreign country to alien
refugees and permanent residents, respectively, in the United
States''.
SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS
NOT LAWFULLY PRESENT IN THE UNITED STATES.
(a) In General.--Section 245(i) (8 U.S.C. 1255), as added
by section 506(b) of the Department of State and Related
Agencies Appropriations Act, 1995 (Public Law 103-317, 108
Stat. 1765), is amended--
(1) in paragraph (1), by inserting ``pursuant to section
301 of the Immigration Act of 1990 is not required to depart
from the United States and who'' after ``who'' the first
place it appears; and
(2) by adding at the end of paragraph (2) the following:
``For purposes of subparagraph (A), the ground of
inadmissibility described in section 212(a)(9) shall not
apply.''.
(b) Effective Date.--(1) The amendment made by subsection
(a)(1) shall apply to applications for adjustment of status
filed after September 30, 1996.
(2) The amendment made by subsection (a)(2) shall take
effect on the title III-A effective date (as defined in
section 309(a)).
SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS FILES.
(a) Legalization Program.--Section 245A(c)(5) (8 U.S.C.
1255a(c)(5)) is amended--
(1) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(2) by striking ``Neither'' and inserting ``(A) Except as
provided in this paragraph, neither'';
(3) by redesignating the last sentence as subparagraph (D);
(4) by striking the semicolon and inserting a period;
(5) by striking ``except that the'' and inserting the
following:
``(B) The'';
(6) by inserting after subparagraph (B), as created by the
amendment made by paragraph (5), the following:
``(C) The Attorney General may authorize an application to
a Federal court of competent jurisdiction for, and a judge of
such court may grant, an order authorizing disclosure of
information contained in the application of the alien under
this section to be used--
``(i) for identification of the alien when there is reason
to believe that the alien has been killed or severely
incapacitated; or
``(ii) for criminal law enforcement purposes against the
alien whose application is to be disclosed if the alleged
criminal activity occurred after the legalization application
was filed and such activity involves terrorist activity or
poses either an immediate risk to life or to national
security, or would be prosecutable as an aggravated felony,
but without regard to the length of sentence that could be
imposed on the applicant.''; and
(7) by adding at the end the following new subparagraph:
``(E) Nothing in this paragraph shall preclude the release
for immigration enforcement purposes of the following
information contained in files or records of the Service
pertaining to the application:
``(i) The immigration status of the applicant on any given
date after the date of filing the application (including
whether the applicant was authorized to work) but only for
purposes of a determination of whether the applicant is
eligible for relief from deportation or removal and not
otherwise.
``(ii) The date of the applicant's adjustment (if any) to
the status of an alien lawfully admitted for permanent
residence.
``(iii) Information concerning whether the applicant has
been convicted of a crime occurring after the date of filing
the application.
``(iv) The date or disposition of the application.''.
(b) Special Agricultural Worker Program.--Section 210(b) of
such Act (8 U.S.C. 1160(b)) is amended--
(1) in paragraph (5), by inserting ``, except as permitted
under paragraph (6)(B)'' after ``consent of the alien''; and
(2) in paragraph (6)--
(A) in subparagraph (A), by striking the period at the end
and inserting a comma,
(B) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively,
(C) by striking ``Neither'' and inserting ``(A) Except as
provided in subparagraph (B), neither'',
(D) by striking ``Anyone'' and inserting the following:
``(C) Anyone'',
(E) by inserting after the first sentence the following:
``(B) The Attorney General may authorize an application to
a Federal court of competent jurisdiction for, and a judge of
such court may grant, an order authorizing disclosure of
information contained in the application of the alien to be
used--
``(i) for identification of the alien when there is reason
to believe that the alien has been killed or severely
incapacitated, or
``(ii) for criminal law enforcement purposes against the
alien whose application is to be disclosed if the alleged
criminal activity occurred after the special agricultural
worker application was filed and such activity involves
terrorist activity or poses either an immediate risk to life
or to national security, or would be prosecutable as an
aggravated felony, but without regard to the length of
sentence that could be imposed on the applicant.'', and
(F) by adding at the end the following new subparagraph:
``(D) Nothing in this paragraph shall preclude the release
for immigration enforcement purposes of the following
information contained in files or records of the Service
pertaining to the application:
``(i) The immigration status of the applicant on any given
date after the date of filing the application (including
whether the applicant was authorized to work).
``(ii) The date of the applicant's adjustment (if any) to
the status of an alien lawfully admitted for permanent
residence.
``(iii) Information concerning whether the applicant has
been convicted of a crime occurring after the date of filing
the application.
``(iv) The date or disposition of the application.''.
SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.
Section 248 (8 U.S.C. 1258) is amended by inserting at the
end the following:
``Any alien whose status is changed under this section may
apply to the Secretary of State for a visa without having to
leave the United States and apply at the visa office.''.
SEC. 811. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE
WORKERS.
(a) In General.--Section 212(a) (8 U.S.C. 1182(a)), as
amended by section 301(b)(1), is amended--
(1) by redesignating paragraph (10) as paragraph (11), and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) Certification requirements for foreign health-care
workers.--Any alien who seeks to enter the United States for
the purpose of performing labor as a health care-worker,
other than a physician, is inadmissible unless the consular
officer receives a certification from the Commission on
Graduates of Foreign Nursing Schools or a certificate from an
equivalent independent credentialing organization approved by
the Secretary of Labor verifying that--
``(A) the alien's education, training, or experience meet
all applicable statutory and regulatory requirements for
entry into the United States under the classification
specified in the application and is comparable to that
required for an American practitioner of the same type;
``(B) any foreign license submitted by the alien is
authentic and unencumbered;
``(C) the alien must have the ability to read, write, and
speak the English language at a level required for standard
business communication, as demonstrated by the alien's score
on one or more standardized tests; and
``(D) if the alien is a registered nurse, the alien has
passed an examination testing both nursing skills and English
language proficiency.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to aliens entering the United States more than
180 days after the date of the enactment of this Act.
SEC. 812. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by
adding at the end the following new subparagraph:
``(C) Except for the Targeted Assistance Ten Percent
Discretionary Program, all grants made available under this
paragraph for a fiscal year shall be allocated by the Office
of Resettlement in a manner that ensures that each qualifying
county shall receive the same amount of assistance for each
refugee and entrant residing in the county as of the
beginning of the fiscal year who arrived in the United States
not more than 60 months prior to such fiscal year.''.
Subtitle B--Other Provisions
SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH
CERTIFICATES.
Section 141 of the Immigration Act of 1990 is amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph (1),
(B) by striking the period at the end of paragraph (2) and
inserting ``; and'', and
(C) by adding at the end the following new paragraph:
``(3) transmit to Congress, not later than January 1, 1997,
a report containing recommendations (consistent with
subsection (c)(3)) of methods of reducing or eliminating
[[Page 563]]
the fraudulent use of birth certificates for the purpose of
obtaining other identity documents that may be used in
securing immigration, employment, or other benefits.''; and
(2) by adding at the end of subsection (c), the following
new paragraph:
``(3) For report on reducing birth certificate fraud.--In
the report described in subsection (b)(3), the Commission
shall consider and analyze the feasibility of--
``(A) establishing national standards for counterfeit-
resistant birth certificates, and
``(B) limiting the issuance of official copies of a birth
certificate of an individual to anyone other than the
individual or others acting on behalf of the individual.''.
SEC. 832. UNIFORM VITAL STATISTICS.
(a) Pilot Program.--The Secretary of Health and Human
Services shall consult with the State agency responsible for
registration and certification of births and deaths and,
within 2 years of the date of enactment of this Act, shall
establish a pilot program for 3 of the 5 States with the
largest number of undocumented aliens of an electronic
network linking the vital statistics records of such States.
The network shall provide, where practical, for the matching
of deaths with births and shall enable the confirmation of
births and deaths of citizens of such States, or of aliens
within such States, by any Federal or State agency or
official in the performance of official duties. The Secretary
and participating State agencies shall institute measures to
achieve uniform and accurate reporting of vital statistics
into the pilot program network, to protect the integrity of
the registration and certification process, and to prevent
fraud against the Government and other persons through the
use of false birth or death certificates.
(b) Report.--Not later than 180 days after the
establishment of the pilot program under subsection (a), the
Secretary shall issue a written report to Congress with
recommendations on how the pilot program could effectively be
instituted as a national network for the United States.
(c) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 1996 and for subsequent
fiscal years such sums as may be necessary to carry out this
section.
SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT
AGENCIES, AND THE IMMIGRATION AND
NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal, State, or
local law, no State or local government entity shall
prohibit, or in any way restrict, any government entity or
any official within its jurisdiction from sending to or
receiving from the Immigration and Naturalization Service
information regarding the immigration status, lawful or
unlawful, of an alien in the United States. Notwithstanding
any other provision of Federal, State, or local law (and
excepting the attorney-client privilege), no State or local
government entity may be prohibited, or in any way
restricted, from sending to or receiving from the Immigration
and Naturalization Service information regarding the
immigration status, lawful or unlawful, of an alien in the
United States.
SEC. 834. REGULATIONS REGARDING HABITUAL RESIDENCE.
Not later than 6 months after the date of the enactment of
this Act, the Commissioner of the Immigration and
Naturalization Service shall issue regulations governing
rights of ``habitual residence'' in the United States under
the terms of Compacts of Free Association (Public Law 99-239,
Public Law 99-658, and Public Law 101-219).
SEC. 835. FEMALE GENITAL MUTILATION.
(a) Information Regarding Female Genital Mutilation.--The
Immigration and Naturalization Service (in cooperation with
the Department of State) shall make available for all aliens
who are issued immigrant or nonimmigrant visas, prior to or
at the time of entry into the United States, the following
information:
(1) Information on the severe harm to physical and
psychological health caused by female genital mutilation
which is compiled and presented in a manner which is limited
to the practice itself and respectful to the cultural values
of the societies in which such practice takes place.
(2) Information concerning potential legal consequences in
the United States for (A) performing female genital
mutilation, or (B) allowing a child under his or her care to
be subjected to female genital mutilation, under criminal or
child protection statutes or as a form of child abuse.
(b) Limitation.--In consultation with the Secretary of
State, the Commissioner of Immigration and Naturalization
shall identify those countries in which female genital
mutilation is commonly practiced and, to the extent
practicable, limit the provision of information under
subsection (a) to aliens from such countries.
(c) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minora, or labia majora.
SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER PILOT
PROGRAM COUNTRY WITH PROBATIONARY STATUS.
Notwithstanding any other provision of law, Portugal is
designated as a visa waiver pilot program country with
probationary status under section 217(g) of the Immigration
and Nationality Act for each of the fiscal years 1996, 1997,
and 1998.
SEC. 837. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND
HUNGARIAN PAROLEES.
(a) In General.--The Attorney General shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence if the
alien--
(1) applies for such adjustment,
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States
on the date the application for such adjustment is filed,
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c), and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of Poland or Hungary, and
(2) was inspected and granted parole into the United States
during the period beginning on November 1, 1989, and ending
on December 31, 1991, after being denied refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not apply
to adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as a lawful
permanent resident as of the date of the alien's inspection
and parole described in subsection (b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of
State shall not be required to reduce the number of immigrant
visas authorized to be issued under the Immigration and
Nationality Act.
SEC. 838. SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General shall make available
funds under this section, in each of 5 consecutive years
(beginning with 1996), to the Immigration and Naturalization
Service or to other public or private nonprofit entities to
support demonstration projects under this section at 10 sites
throughout the United States. Each such project shall be
designed to provide for the administration of the oath of
allegiance (under section 337(a) of the Immigration and
Nationality Act) on a business day around the 4th of July for
approximately 500 people whose application for naturalization
has been approved. Each project shall provide for appropriate
outreach and ceremonial and celebratory activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and on the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General should consider changing the
sites selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount that may be made available under
this section with respect to any single site for a site for a
year shall not exceed $5,000.
(2) Use.--Funds provided under this section may only be
used to cover expenses incurred carrying out symbolic
swearing-in ceremonies at the demonstration sites, including
expenses for--
(A) cost of personnel of the Immigration and Naturalization
Service (including travel and overtime expenses),
(B) local outreach,
(C) rental of space, and
(D) costs of printing appropriate brochures and other
information about the ceremonies.
(3) Availability of funds.--Funds that are otherwise
available to the Immigration and Naturalization Service to
carry out naturalization activities (including funds in the
Immigration Examinations Fee Account, under section 286(n) of
the Immigration and Nationality Act) shall be available under
this section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by,
the Attorney General, in a form and manner specified by the
Attorney General.
(e) State Defined.--In this section, the term ``State'' has
the meaning given such term in section 101(a)(36) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
SEC. 839. TREATMENT OF CERTAIN ALIENS WHO SERVED WITH SPECIAL
GUERRILLA UNITS IN LAOS.
(a) Waiver of English Language Requirement for Certain
Aliens who Served With Special Guerrilla Units in Laos.--The
requirement of paragraph (1) of section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)) shall not
apply to the naturalization of any person who--
[[Page 564]]
(1) served with a special guerrilla unit operating from a
base in Laos in support of the United States at any time
during the period beginning February 28, 1961, and ending
September 18, 1978, or
(2) is the spouse or widow of a person described in
paragraph (1).
(b) Naturalization Through Service in a Special Guerrilla
Unit in Laos.--
(1) In general.--The first sentence of subsection (a) and
subsection (b) (other than paragraph (3)) of section 329 of
the Immigration and Nationality Act (8 U.S.C. 1440) shall
apply to an alien who served with a special guerrilla unit
operating from a base in Laos in support of the United States
at any time during the period beginning February 28, 1961,
and ending September 18, 1978, in the same manner as they
apply to an alien who has served honorably in an active-duty
status in the military forces of the United States during the
period of the Vietnam hostilities.
(2) Proof.--The Immigration and Naturalization Service
shall verify an alien's service with a guerrilla unit
described in paragraph (1) through--
(A) review of refugee processing documentation for the
alien,
(B) the affidavit of the alien's superior officer,
(C) original documents,
(D) two affidavits from persons who were also serving with
such a special guerrilla unit and who personally knew of the
alien's service, or
(E) other appropriate proof.
The Service shall liberally construe the provisions of this
subsection to take into account the difficulties inherent in
proving service in such a guerrilla unit.
SEC. 840. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
It is the sense of the Congress that the mission statement
of the Immigration and Naturalization Service of the
Department of Justice should include that it is the
responsibility of the Service to detect, apprehend, and
remove those noncitizens whose entry was illegal, whether
undocumented or fraudulent, and those found to have violated
the conditions of their stay, particularly those involved in
drug trafficking or other criminal activity.
SEC. 841. AUTHORIZATION OF REIMBURSEMENT OF CERTAIN POLISH
APPLICANTS FOR THE 1995 DIVERSITY IMMIGRANT
PROGRAM.
(a) In General.--After the date of enactment of this Act,
the Secretary of State, in consultation with the Commissioner
of the Immigration and Naturalization Service, shall
establish a process to provide for the reimbursement of all
fees to each national of Poland (other than a national
illegally residing in the United States) who was an applicant
for the diversity immigrant program for 1995 under section
203(c) of the Immigration and Nationality Act who did not
receive such a visa.
(b) Funding.--The Secretary of State shall use such funds
as may be available at the discretion of the Secretary to
carry out the purpose of this section.
(c) Review.--The Secretary of State shall review the
procedures of the Department of State regarding the
administration of the diversity immigrant program to ensure
that the erroneous notification which occurred with respect
to the 1995 diversity immigrant program for Polish residents
does not recur.
SEC. 842. SENSE OF CONGRESS; REQUIREMENTS REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this Act, the Attorney General, to the greatest extent
practicable, shall provide to each recipient of a grant a
notice describing the statement made in subsection (a) by the
Congress.
SEC. 843. SENSE OF THE CONGRESS WITH RESPECT TO STATE
CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Findings.--The Congress finds as follows:
(1) Of the $130,000,000 appropriated in fiscal year 1995
for the State Criminal Alien Assistance Program (SCAAP), the
Department of Justice disbursed the first $43,000,000 to
States on October 6, 1994, 32 days before the 1994 general
election, and then failed to disburse the remaining
$87,000,000 until January 31, 1996, 123 days after the end of
fiscal year 1995.
(2) While H.R. 2880, the continuing appropriation measure
funding certain operations of the Federal Government from
January 26, 1996 to March 15, 1996, included $66,000,000 to
reimburse States for the cost of incarcerating documented
illegal immigrant felons, the Department of Justice failed to
disburse any of the funds to the States during the period of
the continuing appropriation.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the Department of Justice was disturbingly slow in
disbursing fiscal year 1995 funds under the State Criminal
Alien Assistance Program to States after the initial grants
were released just prior to the 1994 election; and
(2) the Attorney General should make it a high priority to
expedite the disbursement of Federal funds intended to
reimburse States for the cost of incarcerating illegal
immigrants, aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal year for
which they are appropriated.
Subtitle C--Technical Corrections
SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Amendments Relating to Public Law 103-322 (Violent
Crime Control and Law Enforcement Act of 1994).--
(1) Section 60024(1)(F) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (in this
subsection referred to as ``VCCLEA'') is amended by inserting
``United States Code,'' after ``title 18,''.
(2) Section 130003(b)(3) of VCCLEA is amended by striking
``Naturalization'' and inserting ``Nationality''.
(3)(A) Section 214 (8 U.S.C. 1184) is amended by
redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the subsection
(k), added by section 220(b) of the Immigration and
Nationality Technical Amendments Act of 1994 (Public Law 103-
416, 108 Stat. 4319), as subsections (k) and (l),
respectively.
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
amended by striking ``214(j)'' and inserting ``214(k)''.
(4)(A) Section 245 (8 U.S.C. 1255) is amended by
redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.
1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of
VCCLEA and before redesignation by section 305(a)(2), is
amended by striking ``245(i)'' and inserting ``245(j)''.
(5) Section 245(j)(3), as added by section 130003(c)(1) of
VCCLEA and as redesignated by paragraph (4)(A), is amended by
striking ``paragraphs (1) or (2)'' and inserting ``paragraph
(1) or (2)''.
(6) Section 130007(a) of VCCLEA is amended by striking
``242A(d)'' and inserting ``242A(a)(3)''.
(7) The amendments made by this subsection shall be
effective as if included in the enactment of the VCCLEA.
(b) Amendments Relating to Immigration and Nationality
Technical Corrections Act of 1994.--
(1) Section 101(d) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) (in
this subsection referred to as ``INTCA'') is amended--
(A) by striking ``Application'' and all that follows
through ``This'' and inserting ``Applicability of
Transmission Requirements.--This'';
(B) by striking ``any residency or other retention
requirements for'' and inserting ``the application of any
provision of law relating to residence or physical presence
in the United States for purposes of transmitting United
States''; and
(C) by striking ``as in effect'' and all that follows
through the end and inserting ``to any person whose claim is
based on the amendment made by subsection (a) or through whom
such a claim is derived.''.
(2) Section 102 of INTCA is amended by adding at the end
the following new subsection:
``(e) Transition.--In applying the amendment made by
subsection (a) to children born before November 14, 1986, any
reference in the matter inserted by such amendment to `five
years, at least two of which' is deemed a reference to `10
years, at least 5 of which'.''.
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended by
section 105(a)(2)(A) of INTCA, is amended by striking the
comma after ``nationality''.
(4) Section 207(2) of INTCA is amended by inserting a comma
after ``specified''.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
(A) in subparagraph (K)(ii), by striking the comma after
``1588'', and
(B) in subparagraph (O), by striking ``suspicion'' and
inserting ``suspension''.
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended by
section 209(a) of INTCA, is amended by striking ``remain''
and inserting ``remains''.
(7) Section 209(a)(1) of INTCA is amended by striking
``$3000'' and inserting ``$3,000''.
(8) Section 209(b) of INTCA is amended by striking
``subsection'' and inserting ``section''.
(9) Section 217(f) (8 U.S.C. 1187(f)), as amended by
section 210 of INTCA, is amended by adding a period at the
end.
(10) Section 219(cc) of INTCA is amended by striking ``
`year 1993 the first place it appears' '' and inserting ``
`year 1993' the first place it appears''.
(11) Section 219(ee) of INTCA is amended by adding at the
end the following new paragraph:
``(3) The amendments made by this subsection shall take
effect on the date of the enactment of this Act.''.
(12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C.
1356(r)) are amended by inserting ``the'' before ``Fund''
each place it appears.
(13) Section 221 of INTCA is amended--
(A) by striking each semicolon and inserting a comma,
(B) by striking ``disasters.'' and inserting
``disasters,'', and
(C) by striking ``The official'' and inserting ``the
official''.
(14) Section 242A (8 U.S.C. 1252a), as added by section
224(a) of INTCA and before redesignation as section 238 by
section 308(b)(5), is amended by redesignating subsection (d)
as subsection (c).
(15) Section 225 of INTCA is amended--
(A) by striking ``section 242(i)'' and inserting ``sections
242(i) and 242A'', and
(B) by inserting ``, 1252a'' after ``1252(i)''.
[[Page 565]]
(16) Except as otherwise provided in this subsection, the
amendments made by this subsection shall take effect as if
included in the enactment of INTCA.
(c) Striking References to Section 210A.--
(1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and
section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each
amended by striking ``, 210A,''.
(B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
redesignation by section 305(a)(2), is amended by striking
subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration
Reform and Control Act of 1986 are each amended by striking
``, 210A,''.
(d) Miscellaneous Changes in the Immigration and
Nationality Act.--
(1) Before being amended by section 308(a), the item in the
table of contents relating to section 242A is amended to read
as follows:
``Sec. 242A. Expedited deportation of aliens convicted of committing
aggravated felonies.''.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by
striking ``, 321, and 322'' and inserting ``and 321''.
(3) Pursuant to section 6(b) of Public Law 103-272 (108
Stat. 1378)--
(A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended by
striking ``section 101(3) of the Federal Aviation Act of
1958'' and inserting ``section 40102(a)(2) of title 49,
United States Code''; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is amended by
striking ``section 105 or 106 of the Hazardous Materials
Transportation Act (49 U.S.C. App. 1804, 1805)'' and
inserting ``section 5103(b), 5104, 5106, 5107, or 5110 of
title 49, United States Code''.
(4) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is
amended by inserting a period after ``expended''.
(5) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is
amended--
(A) by striking ``and'' at the end of clause (iv),
(B) by moving clauses (v) and (vi) 2 ems to the left,
(C) by striking ``; and'' in clauses (v) and (vi) and
inserting ``and for'',
(D) by striking the colons in clauses (v) and (vi), and
(E) by striking the period at the end of clause (v) and
inserting ``; and''.
(6) Section 412(b) (8 U.S.C. 1522(b)) is amended by
striking the comma after ``is authorized'' in paragraph (3)
and after ``The Secretary'' in paragraph (4).
(e) Miscellaneous Change in the Immigration Act of 1990.--
Section 161(c)(3) of the Immigration Act of 1990 is amended
by striking ``an an'' and inserting ``of an''.
(f) Miscellaneous Changes in Other Acts.--
(1) Section 506(a) of the Intelligence Authorization Act,
Fiscal Year 1990 (Public Law 101-193) is amended by striking
``this section'' and inserting ``such section''.
(2) Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, as amended by section 505(2) of
Public Law 103-317, is amended--
(A) by moving the indentation of subsections (f) and (g) 2
ems to the left, and
(B) in subsection (g), by striking ``(g)'' and all that
follows through ``shall'' and inserting ``(g) Subsections (d)
and (e) shall''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. BRYANT of Texas moved to recommit the bill to the Committee on the
Judiciary with instructions to report the bill back forthwith with the
following amendment:
Amend section 806 to read as follows:
SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.
(a) Attestations.--
(1) Compensation level.--Section 212(n)(1)(A)(i) (8 U.S.C.
1182(n)(1)(A)(i)) is amended--
(A) in subclause (I), by inserting ``100 percent of''
before ``the actual wage level'',
(B) in subclause (II), by inserting ``100 percent of''
before ``the prevailing wage level'', and
(C) by adding at the end the following: ``is offering and
will offer during such period the same benefits and
additional compensation provided to similarly-employed
workers by the employer, and''.
(2) Displacement of united states workers.--Section
212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after
subparagraph (D) the following new subparagraph:
``(E)(i) The employer--
``(I) has not, within the six-month period prior to the
filing of the application, laid off or otherwise displaced
any United States worker (as defined in clause (ii)),
including any worker obtained by contract, employee leasing,
temporary help agreement, or other similar basis, in the
occupational classification which is the subject of the
application and in which the nonimmigrant is intended to be
(or is) employed; and
``(II) within 90 days following the application, and within
90 days before and after the filing of a petition for any H-
1B worker pursuant to that application, will not lay off or
otherwise displace any United States worker in the
occupational classification which is the subject of the
application and in which the nonimmigrant is intended to be
(or is) employed.
``(ii) For purposes of this subparagraph, the term `United
States worker' means--
``(I) a citizen or national of the United States;
``(II) an alien lawfully admitted to the United States for
permanent residence; and
``(III) an alien authorized to be so employed by this Act
or by the Attorney General.
``(iii) For purposes of this subparagraph, the term `laid
off', with respect to an employee, means the employee's loss
of employment, other than a discharge for cause or a
voluntary departure or voluntary retirement.''.
(3) Recruitment of united states workers.--Section
212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by paragraph (2),
is further amended by inserting after subparagraph (E) the
following new subparagraph:
``(F) The employer, prior to filing the application,
attempted unsuccessfully and in good faith to recruit a
United States worker for the employment that will be done by
the alien whose services are being sought, using recruitment
procedures that meet industry-wide standards and offering
wages that are at least--
``(i) 100 percent of the actual wage level paid by the
employer to other individuals with similar experience and
qualifications for the specific employment in question, or
``(ii) 100 percent of the prevailing wage level for
individuals in such employment in the area of employment,
whichever is greater, based on the best information available
as of the date of filing the application, and offering the
same benefits and additional compensation provided to
similarly-employed workers by the employer.''.
(4) Dependence on h-1b workers.--Section 212(n)(1) (8
U.S.C. 1182(n)(1)), as amended by paragraphs (2) and (3), is
further amended by inserting after subparagraph (F) the
following new subparagraph:
``(G)(i) Whether the employer is dependent on H-1B workers,
as defined in clause (ii) and in such regulations as the
Secretary of Labor may develop and promulgate in accordance
with this paragraph.
``(ii) For purposes of clause (i), an employer is
`dependent on H-1B workers' if the employer--
``(I) has fewer than 41 full-time equivalent employees who
are employed in the United States and employs four or more
nonimmigrants under section 101(a)(15)(H)(i)(b); or
``(II) has at least 41 full-time equivalent employees who
are employed in the United States, and employs nonimmigrants
described in section 101(a)(15)(H)(i)(b) in a number that is
equal to at least ten percent of the number of such full-time
equivalent employees.
``(iii) In applying this subparagraph, any group treated as
a single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986 shall be
treated as a single employer under this subparagraph. Aliens
with respect to whom the employer has filed such an
application shall be treated as employees, and counted as
nonimmigrants under section 101(a)(15)(H)(i)(b), under this
paragraph.''.
(5) Job contractors.--(A) Section 212(n)(1) (8 U.S.C.
1182(n)(1)), as amended by paragraphs (2) through (4), is
further amended by inserting after subparagraph (G) the
following new subparagraph:
``(H) In the case of an employer that is a job contractor
(within the meaning of regulations promulgated by the
Secretary of Labor to carry out this subsection), the
contractor will not place any H-1B employee with another
employer unless such other employer has executed an
attestation that the employer is complying and will continue
to comply with the requirements of this paragraph in the same
manner as they apply to the job contractor.''.
(B) Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by
adding at the end the following new subparagraph:
``(E) The provisions of this paragraph shall apply to
complaints respecting a failure of another employer to comply
with an attestation described in paragraph (1), that has been
made as the result of the requirement imposed on job
contractors under paragraph (1)(H), in the same manner that
they apply to complaints of a petitioner with respect to a
failure to comply with a condition described in paragraph (1)
by employers generally.''.
(b) Special Rules for Employers Dependent on H-1B
Workers.--Section 212(n) (8 U.S.C. 1182(n)) is amended by
adding at the end the following new paragraph:
``(3)(A) No alien may be admitted or provided status as a
nonimmigrant described in section 101(a)(15)(H)(i)(b) if the
employer who is seeking the services of such alien has
attested under paragraph (1)(G) that the employer is
dependent on H-1B workers unless the following conditions are
met:
``(i) The Secretary of Labor has determined and certified
to the Secretary of State and the Attorney General that the
employer who is seeking the services of such alien is taking
steps described in subparagraph (C) (including having taken
the step described in subparagraph (D)).
``(ii) The alien has demonstrated to the satisfaction of
the Secretary of State and the Attorney General that the
alien has a residence abroad which he has no intention of
abandoning.
``(B)(i) It is unlawful for a petitioning employer to
require, as a condition of employment by such employer, or
otherwise, that the fee described in subparagraph (A)(i), or
any part of it, be paid directly or indirectly by the alien
whose services are being sought.
``(ii) Any person or entity which is determined, after
notice and opportunity for an
[[Page 566]]
administrative hearing, to have violated clause (i) shall be
subject to a civil penalty of $5,000 for each violation, to
an administrative order requiring the payment of the fee
described in subparagraph (A)(i), and to disqualification for
1 year from petitioning under section 204 or 214(c).
``(iii) Any amount determined to have been paid, directly
or indirectly, to the fund by the alien whose services were
sought, shall be repaid from the fund or by the employer, as
appropriate, to such alien.
``(C)(i) An employer who attests under paragraph (1)(G) to
dependence on H-1B workers shall take timely, significant,
and effective steps (including the step described in
subparagraph (D)) to recruit and retain sufficient United
States workers in order to remove as quickly as reasonably
possible the dependence of the employer on H-1B workers.
``(ii) For purposes of clause (i), steps under clause (i)
(in addition to the step described in subparagraph (D)) may
include the following:
``(I) Operating a program of training existing employees
who are United States workers in the skills needed by the
employer, or financing (or otherwise providing for) such
employees' participation in such a training program
elsewhere.
``(II) Providing career development programs and other
methods of facilitating United States workers in related
fields to acquire the skills needed by the employer.
``(III) Paying to employees who are United States workers
compensation that is equal in value to more than 105 percent
of what is paid to persons similarly employed in the
geographic area.
The steps described in this clause shall not be considered to
be an exhaustive list of the significant steps that may be
taken to meet the requirements of clause (i).
``(iii) The steps described in clause (i) shall not be
considered effective if the employer has failed to decrease
by at least 10 percent in each of two consecutive years the
percentage of the employer's total number of employees in the
specific employment in which the H-1B workers are employed
which is represented by the number of H-1B workers.
``(iv) The Attorney General shall not approve petitions
filed under section 204 or 214(c) with respect to an employer
that has not, in the prior two years, complied with the
requirements of this subparagraph (including subparagraph
(D)).
``(D)(i) The step described in this subparagraph is payment
of an amount consistent with clause (ii) by the petitioning
employer into a private fund which is certified by the
Secretary of Labor as dedicated to reducing the dependence of
employers in the industry of which the petitioning employer
is a part on new foreign workers and which expends amounts
received under this subclause consistent with clause (iii).
``(ii) An amount is consistent with this clause if it is a
percent of the value of the annual compensation (including
wages, benefits, and all other compensation) to be paid to
the alien whose services are being sought, equal to 5 percent
in the first year, 7.5 percent in the second year, and 10
percent in the third year.
``(iii) Amounts are expended consistent with this clause if
they are expended as follows:
``(I) One-half of the aggregate amounts are expended for
awarding scholarships and fellowships to students at colleges
and universities in the United States who are citizens or
lawful permanent residents of the United States majoring in,
or engaging in graduate study of, subjects of direct
relevance to the employers in the same industry as the
petitioning employer.
``(II) One-half of the aggregate amounts are expended for
enabling United States workers in the United States to obtain
training in occupations required by employers in the same
industry as the petitioning employer.
(c) Increased Penalties for Misrepresentation.--Section
212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended--
(1) in subparagraph (C) in the matter before clause (i), by
striking ``(1)(C) or (1)(D)'' and inserting ``(1)(C), (1)(D),
(1)(E), or (1)(F) or to fulfill obligations imposed under
subsection (b) for employers defined in subsection (a)(4)'';
(2) in subparagraph (C)(i), by striking ``$1,000'' and
inserting ``$5,000'';
(3) by amending subparagraph (C)(ii) to read as follows:
``(ii) the Attorney General shall not approve petitions
filed with respect to that employer (or any employer who is a
successor in interest) under section 204 or 214(c) for aliens
to be employed by the employer--
``(I) during a period of at least 1 year in the case of the
first determination of a violation or any subsequent
determination of a violation occurring within 1 year of that
first violation or any subsequent determination of a
nonwillful violation occurring more than 1 year after the
first violation;
``(II) during a period of at least 5 years in the case of a
determination of a willful violation occurring more than 1
year after the first violation; and
``(III) at any time in the case of a determination of a
willful violation occurring more than 5 years after a
violation described in subclause (II).''; and
(3) in subparagraph (D), by adding at the end the
following: ``If a penalty under subparagraph (C) has been
imposed in the case of a willful violation, the Secretary
shall impose an additional civil monetary penalty on the
employer in an amount equalling twice the amount of
backpay.''.
(d) Limitation on Period of Authorized Admission.--Section
214(g)(4) (8 U.S.C. 1184(g)(4)) is amended--
(1) by inserting ``or section 101(a)(15)(H)(ii)(b)'' after
``section 101(a)(15)(H)(i)(b)''; and
(2) by striking ``6 years'' and inserting in lieu thereof
``3 years''.
(e) Requirement for Residence Abroad.--Section
101(a)(15)(H)(i)(b) (8 U.S.C. 1101(a)(15)(H)(i)(b)) is
amended by inserting ``who has a residence in a foreign
country which he has no intention of abandoning,'' after
``212(j)(2),''.
(f) Effective Dates.--
(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect 60 days after the date
of the enactment of this Act.
(2) The amendments made by subsection (d) shall apply with
respect to offenses occurring on or after the date of
enactment of this Act.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. RIGGS, announced that the nays had it.
Mr. BRYANT demanded a recorded vote on the motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
188
<3-line {>
negative
Nays
231
para.32.23 [Roll No. 88]
AYES--188
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Ensign
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Miller (CA)
Minge
Mink
Mollohan
Moran
Murtha
Nadler
Neal
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stockman
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--231
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
[[Page 567]]
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lofgren
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Ramstad
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--12
Clay
Collins (IL)
DeLay
Johnston
Moakley
Radanovich
Rose
Stark
Stokes
Studds
Waters
Wilson
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
Mr. CONYERS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
333
<3-line {>
affirmative
Nays
87
para.32.24 [Roll No. 89]
AYES--333
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Deutsch
Dickey
Dixon
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Ramstad
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--87
Abercrombie
Becerra
Beilenson
Bonior
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Campbell
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
de la Garza
Dellums
Diaz-Balart
Dicks
Dingell
Doggett
Engel
Evans
Fattah
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kennedy (MA)
Kennedy (RI)
King
LaFalce
Lewis (GA)
Lofgren
Markey
Martinez
Matsui
McDermott
McKinney
Meehan
Meek
Mink
Mollohan
Morella
Nadler
Neal
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Richardson
Ros-Lehtinen
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Skaggs
Thompson
Torres
Towns
Velazquez
Ward
Watt (NC)
Woolsey
Wynn
Yates
NOT VOTING--12
Clay
Collins (IL)
Dornan
Johnston
Moakley
Radanovich
Rose
Stark
Stokes
Studds
Waters
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.32.25 clerk to correct engrossment
On motion of Mr. INGLIS, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized to correct section numbers, cross references, and
punctuation, and to make such stylistic, clerical, technical,
conforming, and other changes as may be necessary to reflect the actions
of the House in amending the bill.
para.32.26 providing for the consideration of h.r. 125
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-490) the resolution (H. Res. 388) providing for consideration of
the bill (H.R. 125) to repeal the ban on semiautomatic assualt weapons
and the ban on large capacity ammunition feeding devices.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.32.27 submission of conference report--s. 4
Mr. CLINGER submitted a conference report (Rept. No. 104-491) on the
bill of the Senate (S. 4) to grant the power to the President to reduce
budget authority; together with a statement thereon, for printing in the
Record under the rule.
para.32.28 further downpayment on a balanced budget
On motion of Mr. LIVINGSTON, by unanimous consent, the bill (H.R.
3019) making appropriations for fiscal year 1996 to make further
downpayment toward a balanced budget, and for other purposes; together
with the amendment of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. LIVINGSTON, it was,
Resolved, That the House disagree to the amendment of the Senate and
[[Page 568]]
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Mr. OBEY moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3019, be
instructed to:
(a) agree to the position in the Senate amendment
increasing funding above the levels in the House bill for
programs of the Department of Education;
(b) agree to the position in the Senate amendment
increasing funding above the levels in the House bill for
programs of the Environmental Protection Agency;
(c) agree to the position in the Senate amendment that
provides a minimum of $975,000,000 from within the
$1,903,000,000 provided for Local Law Enforcement Block
Grants within the Department of Justice for the Public Safety
and Community Policing grants pursuant to title I of the
Violent Crime Control and Law Enforcement Act of 1994 (COPS
on the beat program);
(d) agree to the position in the Senate amendment
increasing funding above the levels in the House bill for job
training and worker protection programs of the Department of
Labor;
(e) agree to the position in the Senate amendment deleting
Title V of the House bill placing onerous new red tape
requirements on Federal grantees; and
(f) agree to the position in the Senate amendment
specifying a maximum grant award of $2500 under the Pell
Grant Program; and
(g) agree to the position in the Senate amendment providing
fiscal year 1997 funding of $1,000,000,000 for the Low-Income
Energy Assistance Program of the Department of Health and
Human Services.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.
Mr. OBEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
194
When there appeared
<3-line {>
Nays
207
para.32.29 [Roll No. 90]
YEAS--194
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meek
Menendez
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Weldon (PA)
Weller
Williams
Wise
Woolsey
Wynn
NAYS--207
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--30
Barton
Boehner
Clay
Collins (IL)
de la Garza
Dicks
Forbes
Gephardt
Gibbons
Hayes
Johnston
Kolbe
Lazio
Manton
McDade
Meehan
Moakley
Owens
Payne (NJ)
Radanovich
Rose
Roth
Stark
Stockman
Stokes
Studds
Waters
Waxman
Wilson
Yates
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.32.30 appointment of conferees--h.r. 3019
Thereupon, the SPEAKER pro tempore, Mr. HEFLEY, by unanimous consent,
announced the appointment of the following Members as managers on the
part of the House at said conference:
For consideration of the House Bill (except for section 101(c)) and
the Senate amendment (except for section 101(d)), and modifications
committed to conference:
Messrs. Livingston, Myers of Indiana, Young of Florida, Regula, Lewis
of California, Porter, Rogers, Skeen, and Wolf, Mrs. Vucanovich, and
Messrs. Lightfoot, Callahan, Walsh, Obey, Yates, Stokes, Bevill, Murtha,
Wilson, Dixon, Hefner, and Mollohan.
For consideration of section 101(c) of the House bill, and section
101(d) of the Senate amendment, and modifications committed to
conference:
Messrs. Porter, Young of Florida, Bonilla, Istook, Miller of Florida,
Dickey, Riggs, Wicker, Livingston, Obey, Stokes, and Hoyer, Ms. Pelosi,
and Mrs. Lowey.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.32.31 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.J. Res. 165. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
The message also announced that the Senate agrees to the report of the
Committee of Conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 956) ``An Act to establish
[[Page 569]]
legal standards and procedures for product liability litigation, and for
other purposes.''.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, a concurrent
resolution of the House of the following title:
H. Con. Res. 148. Concurrent resolution expressing the
sense of the Congress that the United States is committed to
military stability in the Taiwan Strait and the United States
should assist in defending the Republic of China (also known
as Taiwan) in the event of invasion, missile attack, or
blockade by the People's Republic of China.
para.32.32 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 956. An Act to establish a Commission on Structural
Alternatives for the Federal Courts of Appeals; to the
Committee on the Judiciary.
para.32.33 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1266. An Act to provide for the exchange of lands
within Admiralty Island National Monument, and for other
purposes.
H.R. 1787. An Act to amend the Federal Food, Drug and
Cosmetic Act to repeal the saccharin notice requirement.
para.32.34 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
H.R. 1266. An Act to provide for the exchange of lands
within Admiralty Island National Monument, and for other
purposes.
H.R. 1787. An Act to amend the Federal Food, Drug and
Cosmetic Act to repeal the saccharin notice requirement.
para.32.35 leave of absence
By unanimous consent, leave of absence was granted to Mr. CLAY, today
after 4 p.m. and balance of the week.
And then,
para.32.36 adjournment
On motion of Mr. MILLER of Florida, at 9 o'clock and 41 minutes p.m.,
the House adjourned.
para.32.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ROBERTS: Committee on Agriculture. Supplemental report
on H.R. 2202. A bill to amend the Immigration and Nationality
Act to improve deterrence of illegal immigration to the
United States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes (Rept.
No. 104-469, Pt. 4). Ordered to be printed.
Mr. SOLOMON: Committee on Rules. House Resolution 388.
Resolution providing for consideration of the bill (H.R. 125)
to repeal the ban on semiautomatic assault weapons and the
ban on large capacity ammunition feeding devices (Rept. No.
104-490). Referred to the House Calendar.
Mr. CLINGER: Committee of Conference. Conference report on
S. 4. An Act to grant the power to the President to reduce
budget authority (Rept. No. 104-491). Ordered to be printed.
para.32.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DeFAZIO (for himself, Ms. Furse, Mr. Bunn of
Oregon, and Mr. Cooley):
H.R. 3134. A bill to designate the U.S. Courthouse under
construction at 1030 Southwest 3d Avenue, Portland, OR, as
the ``Mark O. Hatfield United States Courthouse,'' and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. ENGEL (for himself, Mr. Ackerman, Mr. Manton,
Mr. Serrano, Mrs. Lowey, and Mr. Flake):
H.R. 3135. A bill to amend the Elementary and Secondary
Education Act of 1965 to allow certain counties flexibility
in spending funds; to the Committee on Economic and
Educational Opportunities.
By Mr. ARCHER:
H.R. 3136. A bill to provide for enactment of the Senior
Citizens' Right to Work Act of 1996, the Line Item Veto Act,
and the Small Business Growth and Fairness Act of 1996, and
to provide for a permanent increase in the public debt limit;
to the Committee on Ways and Means, and in addition to the
Committees on the Budget, Rules, the Judiciary, Small
Business, and Government Reform and Oversight, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BUNNING of Kentucky:
H.R. 3137. A bill to amend the Internal Revenue Code of
1986 to clarify the reasonable cause exception from the
penalty for failures to file tax returns or pay taxes; to the
Committee on Ways and Means.
By Mr. CANADY:
H.R. 3138. A bill to amend title XVIII of the Social
Security Act to eliminate the time limitation on benefits for
immunosuppressive drugs under the Medicare Program; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FORBES:
H.R. 3139. A bill to redesignate the U.S. Post Office
building located at 245 Centereach Mall on Middle Country
Road in Centereach, NY, as the ``Rose Y. Caracappa United
States Post Office Building''; to the Committee on Government
Reform and Oversight.
By Mr. FOX:
H.R. 3140. A bill to prohibit gifts by lobbyists to Members
of the House of Representatives, Senators, and officers and
employees of the House of Representatives and the Senate; to
the Committee on the Judiciary.
By Mr. HEFLEY (for himself and Mr. Schaefer):
H.R. 3141. A bill to amend title 49, United States Code,
relating to scheduled passenger air service at reliever
airports; to the Committee on Transportation and
Infrastructure.
By Mr. HEFLEY.
H.R. 3142. A bill to establish a demonstration project to
provide that the Department of Defense may receive Medicare
reimbursement for health care services provided to certain
Medicare-eligible covered military beneficiaries; to the
Committee on Ways and Means, and in addition to the
Committees on Commerce, and National Security, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KENNEDY of Massachusetts (for himself, Mr.
Stark, Mr. DeFazio, Mr. Costello, and Mr. Evans):
H.R. 3143. A bill to prohibit the use of funds for the
construction or operation of the National Ignition Facility
or any other facility that uses inertial confinement fusion
at the Lawrence Livermore National Laboratory, California; to
the Committee on National Security.
By Mr. LIVINGSTON (for himself, Mr. Gingrich, Mr.
Armey, Mr. Spence, Mr. Gilman, Mr. Kasich, Mr. Hyde,
Mr. Young of Florida, Mr. Hunter, and Mr. Hoke):
H.R. 3144. A bill to establish a U.S. policy for the
deployment of a national missile defense system, and for
other purposes; to the Committee on National Security, and in
addition to the Committee on International Relations, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MORELLA (for herself and Mr. Schumer):
H.R. 3145. A bill to amend the Public Health Service Act to
prohibit health insurance discrimination with respect to
victims of domestic violence; to the Committee on Commerce,
and in addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. RADANOVICH:
H.R. 3146. A bill to provide for the exchange of certain
Federal lands in the State of California for certain non-
Federal lands, and for other purposes; to the Committee on
Resources.
H.R. 3147. A bill to provide for the exchange of certain
Federal lands in the State of California managed by the
Bureau of Land Management of certain non-Federal lands, and
for other purposes; to the Committee on Resources.
By Mr. SAXTON (for himself and Mr. Smith of New
Jersey):
H.R. 3148. A bill to direct the Secretary of Health and
Human Services to make matching payments to the State of New
Jersey for activities to determine the incidence of cancer
among residents of the Toms River area; to the Committee on
Commerce.
By Mr. SHAW (for himself, Mrs. Johnson of Connecticut,
Mr. Payne of Virginia, Mr. Jacobs, Mr. Bunning of
Kentucky, Mr. Christensen, Mr. Bilbray, and Mr.
Burr):
H.R. 3149. A bill to permit the approval and administration
of drugs and devices to patients who are terminally ill; to
the Committee on Commerce.
By Mr. VENTO:
H.R. 3150. A bill to expand and enhance the Federal
Government commitment to elimi
[[Page 570]]
nating crime in public housing and other federally assisted
low-income housing projects, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. WATTS of Oklahoma:
H.R. 3151. A bill to require the Secretary of Defense and
the Secretary of Health and Human Services to carry out a
demonstration project to provide the Department of Defense
with reimbursement from the Medicare Program for health care
services provided to Medicare-eligible beneficiaries under
TRICARE; to the Committee on Ways and Means, and in addition
to the Committees on Commerce, and National Security, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BOUCHER (for himself and Mr. Quillen):
H.J. Res. 166. Joint resolution granting the consent of
Congress to the mutual aid agreement between the city of
Bristol, VA, and the city of Bristol, TN; to the Committee on
the Judiciary.
By Mr. TALENT:
H.J. Res. 167. Joint resolution proposing an amendment to
the Constitution of the United States to limit the judicial
power of the United States; to the Committee on the
Judiciary.
By Mr. ARCHER:
H. Res. 387. Resolution returning to the Senate the bill S.
1518; considered and agreed to.
para.32.39 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Volkmer and Mr. Christensen.
H.R. 103: Mr. Mascara and Mrs. Fowler.
H.R. 125: Mr. Taylor of Mississippi.
H.R. 303: Mr. Volkmer and Mr. Christensen.
H.R. 789: Mr. Skelton.
H.R. 911: Mr. Mascara.
H.R. 922: Mr. Towns.
H.R. 1023; Mr. Clay, Mr. Tauzin, Mr. Faleomavaega, Mr.
Bunning of Kentucky, Mr. Spratt, Mr. Coble, Mr. Bunn of
Oregon, Mr. Boucher, and Mr. McCrery.
H.R. 1044: Mr. Largent.
H.R. 1090: Mr. Farr.
H.R. 1131: Mr. Camp and Mr. Neumann.
H.R. 1136: Mr. Fazio of California, Mr. Gene Green of
Texas, Mr. Rahall, Mr. Quillen, Mr. Dixon, Mr. Pastor, Mr.
Wilson, Mr. Stearns, Mr. Farr, Mr. Berman, and Mr. Flanagan.
H.R. 1314: Mr. Pickett.
H.R. 1406: Mr. Poshard, Mr. Gibbons, Mr. LaTourette, Mr.
Oberstar, Mr. Rose, Mr. Brewster, Mr. Vento, and Mr. Manton.
H.R. 1484: Mr. Lipinski, Ms. Lofgren Mr. Lewis of Georgia,
Mr. Bevill, Mr. Hilliard, and Mr. English of Pennsylvania.
H.R. 1496: Mr. Menendez.
H.R. 1619: Mr. Coleman.
H.R. 1711: Mr. Hastert and Mr. Sensenbrenner.
H.R. 1932: Mr. Petri, Mr. Bereuter, and Mr. Hayes.
H.R. 2011: Mr. Levin.
H.R. 2193: Mr. Wilson, Mr. Stark, Mr. Radanovich, Ms.
Eshoo, Mr. Sensenbrenner, Ms. Jackson-Lee, and Mr. Chapman.
H.R. 2214: Mr. Abercrombie and Mr. Olver.
H.R. 2270: Mr. Ensign.
H.R. 2450: Mr. Parker, Mr. Largent, Mr. Holden, and Mr.
Bliley.
H.R. 2497: Mr. Bryant of Tennessee, Mr. Burr, Mr. Petri,
Ms. Pryce, Mr. Hancock, and Mrs. Vucanovich.
H.R. 2697: Ms. Woolsey and Mr. Torres.
H.R. 2777: Mr. Vento.
H.R. 2779: Mr. Sensenbrenner.
H.R. 2807: Mr. Petri and Mr. Walsh.
H.R. 2811: Mrs. Kelly, Mr. Spence, Mr. Jacobs, Mr. Fattah,
Mr. Myers of Indiana, and Mr. King.
H.R. 2856: Mr. Klink.
H.R. 2893: Mr. Horn, Mr. Bachus, and Mr. Visclosky.
H.R. 2900: Mr. Latham, Mr. Hilliard, Mr. Norwood, Mr.
Crapo, Mr. Zeliff, Mr. Clement, Mr. Bachus, Mr. Kennedy of
Rhode Island, Mr. Towns, and Mr. Montgomery.
H.R. 2931: Mr. Vento.
H.R. 2959: Mr. Ensign, Ms. Molinari, and Mr. Underwood.
H.R. 3002: Mr. Ehrlich and Mr. Johnson of South Dakota.
H.R. 3048: Mr. Barrett of Wisconsin and Ms. Pryce.
H.R. 3070: Mr. Hastert, Mr. Gillmor, Mr. Stearns, Mr. Klug,
Mr. Norwood, and Mr. Weller.
H.R. 3086: Mr. Calvert, Mr. Thomas, Mr. Duncan, and Mr.
English of Pennsylvania.
H.R. 3103: Mr. Dickey, Mr. Lazio of New York, and Mr.
Weller.
H.J. Res. 100: Mr. Christensen.
H.J. Res. 159: Mr. Shuster, Mr. Smith of New Jersey, Mr.
Pombo, and Mr. Crapo.
H. Con. Res. 10: Mr. Roemer and Mr. Cooley.
H. Con. Res. 47: Mr. Jacobs and Mr. Rahall.
H. Con. Res. 51: Mr. Bilirakis.
H. Con. Res. 102: Mr. Clyburn, Mr. Torres, and Ms. Eshoo.
H. Con. Res. 127: Mr. Latham, Mr. Calvert, and Mr. Barcia
of Michigan.
H. Res. 49: Mr. Sanders.
H. Res. 345: Mr. Ackerman and Mr. Faleomavaega.
H. Res. 347: Mr. Jacobs, Mr. Scarborough, Mr. Hinchey, Mr.
Abercrombie, and Mr. Lewis of Georgia.
para.32.40 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1972: Ms. Furse.
.
FRIDAY, MARCH 22, 1996 (33)
The House was called to order by the SPEAKER.
para.33.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, March 21, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.33.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2284. A letter from the Chairman, Federal Trade Commission,
transmitting the 18th annual report to Congress on the
administration of the Fair Debt Collection Practices Act,
pursuant to 15 U.S.C. 1692m; to the Committee on Banking and
Financial Services.
2285. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a
supplement to the final report of the RTC as required by
section 10 of the Coastal Barrier Improvement Act of 1990,
pursuant to Public Law 101-591, section 10(a)(1) (104 Stat.
2939); to the Committee on Banking and Financial Services.
2286. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Korea
(Transmittal No. 12-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
2287. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Norway for defense articles and services
(Transmittal No. 96-36), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2288. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting a copy of the annual
report in compliance with the Government in the Sunshine Act
during the calendar year 1995, pursuant to 5 U.S.C. 552b; to
the Committee on Government Reform and Oversight.
2289. A letter from the Assistant Secretary (Legislative
Affairs and Public Liaison), Department of the Treasury,
transmitting a list of all the locations of all tobacco
product vending machines located in Federal buildings over
which the Treasury Department has jurisdiction, pursuant to
Public Law 104-52, section 636(c) (109 Stat. 508); jointly,
to the Committees on Government Reform and Oversight and
Appropriations.
para.33.3 providing for the consideration of h.r. 125
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 388):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
125) to repeal the ban on semiautomatic assault weapons and
the ban on large capacity ammunition feeding devices. The
amendment printed in the report of the Committee on Rules
accompanying this resolution shall be considered as adopted.
The bill, as amended, shall be debatable for one hour equally
divided and controlled by Representative Chapman of Texas or
Representative Barr of Georgia and Representative Conyers of
Michigan or his designee. The previous question shall be
considered as ordered on the bill, as amended, to final
passage without intervening motion except one motion to
recommit. The motion to recommit may include instructions
only if offered by the minority leader or his designee.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced that
the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
244
When there appeared
<3-line {>
Nays
166
para.33.4 [Roll No. 91]
YEAS--244
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bevill
[[Page 571]]
Bilirakis
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Franks (CT)
Frisa
Frost
Funderburk
Gallegly
Gekas
Geren
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kanjorski
Kelly
Kim
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Quillen
Rahall
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
NAYS--166
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bishop
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Castle
Clayton
Coleman
Collins (MI)
Condit
Conyers
Coyne
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Furse
Ganske
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Greenwood
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
LaFalce
Lantos
LaTourette
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moran
Morella
Nadler
Neal
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Porter
Pryce
Quinn
Ramstad
Rangel
Reed
Rivers
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Spratt
Studds
Thompson
Torkildsen
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Visclosky
Ward
Watt (NC)
Waxman
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOT VOTING--21
Calvert
Clay
Clyburn
Collins (IL)
Cox
Cunningham
Dreier
Gibbons
Johnston
Lewis (CA)
McKeon
Moakley
Moorhead
Myers
Radanovich
Rose
Schroeder
Shaw
Stark
Stokes
Waters
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.33.5 gun crime and enforcement
Mr. BARR, pursuant to House Resolution 388, called up the bill (H.R.
125) to repeal the ban on semiautomatic assault weapons and the ban on
large capacity ammunition feed devices.
When said bill was considered and read twice.
Pursuant to House Resolution 388, the amendment printed in House
Report 104-490 was considered as adopted.
After debate,
Pursuant to House Resolution 388, the previous question was ordered on
the bill, as amended.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. CONYERS moved to recommit the bill to the Committee on the
Judiciary.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
So the motion to recommit was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
Mr. BARR demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
173
para.33.6 [Roll No. 92]
AYES--239
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Frisa
Frost
Funderburk
Gallegly
Gekas
Geren
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Inglis
Istook
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kelly
Kim
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
Metcalf
Mica
Mollohan
Montgomery
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Quillen
Rahall
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Rose
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
NOES--173
Abercrombie
Ackerman
Andrews
Baesler
Barrett (WI)
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Blute
Boehlert
Bonior
[[Page 572]]
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coyne
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Furse
Ganske
Gejdenson
Gephardt
Gilchrest
Gonzalez
Greenwood
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klug
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Matsui
McCarthy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Moran
Morella
Nadler
Neal
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Porter
Pryce
Quinn
Ramstad
Rangel
Reed
Rivers
Roemer
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Smith (NJ)
Spratt
Studds
Thompson
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Ward
Watt (NC)
Waxman
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOT VOTING--19
Calvert
Clay
Collins (IL)
Cox
Cunningham
Dreier
Gibbons
Johnston
Lewis (CA)
McKeon
Moakley
Moorhead
Myers
Radanovich
Schroeder
Shaw
Stark
Stokes
Waters
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.33.7 permission to file conference report
On motion of Mr. ROBERTS, by unanimous consent, the managers on the
part of the House were granted permission until midnight Monday, March
25, 1996 to file a conference report on the bill (H.R. 2854) to modify
the operation of certain agricultural programs; together with a
statement thereon, for printing in the Record under the rule.
para.33.8 providing for the consideration of senate amendments to h.r.
1833
Mrs. WALDHOLTZ, by direction of the Committee on Rules, reported
(Rept. No. 104-492) the resolution (H. Res. 389) providing for the
consideration of the Senate amendments to the bill (H.R. 1833) to amend
title 18, United States Code, to ban partial-birth abortions.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.33.9 adjournment over
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 2
o'clock p.m. on Monday, March 25, 1996.
para.33.10 hour of meeting
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns on Monday, March 25, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, March 26, 1996, for ``morning
hour'' debates.
para.33.11 hour of meeting
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, March 26, 1996, it
adjourn to meet at 2:00 o'clock p.m. on Wednesday, March 27, 1996.
para.33.12 calendar wednesday business dispensed with
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, March
27, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.33.13 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 942. An Act to promote increased understanding of
Federal regulations and increased voluntary compliance with
such regulations by small entities, to provide for the
designation of regional ombudsmen and oversight boards to
monitor the enforcement practices of certain Federal agencies
with respect to small business concerns, to provide relief
from excessive and arbitrary regulatory enforcement actions
against small entities, and for other purposes; to the
Committee on the Judiciary. Also referred to the Committee on
Small Business and the Committee on Rules.
para.33.14 enrolled joint resolution signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.J. Res. 165. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.33.15 senate enrolled joint resolution signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S.J. Res. 38. A joint resolution granting the consent of
Congress to the Vermont--New Hampshire Interstate Public
Water Supply Compact.
para.33.16 leave of absence
By unanimous consent, leave of absence was granted to Mr. MYERS, for
today.
And then,
para.33.17 adjournment
On motion of Mr. OWENS, pursuant to the special order heretofore
agreed to, at 3 o'clock and 48 minutes p.m., the House adjourned until
2:00 o'clock p.m. on Monday, March 25, 1996.
para.33.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mrs. WALDHOLTZ: Committee on Rules. House Resolution 389.
Resolution providing for the consideration of the Senate
amendments to the bill (H.R. 1833) to amend title 18, United
States Code, to ban partial-birth abortions (Rept. No. 104-
492). Referred to the House Calendar.
para.33.19 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BAKER of California:
H.R. 3152. A bill to permit the Federal Government to
provide funding for wetland creation and improvement through
the construction of upland dredge material disposal
facilities and funding for upland dredge material disposal,
and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. DeLAY (for himself, Mr. Condit, Mr. Dooley, Mr.
Barr, Mr. Bishop, Mr. Bryant of Tennessee, Mr.
Christensen, Mr. Clement, Mr. Coble, Mr. Combest, Mr.
Cramer, Mr. Cunningham, Mr. Dornan, Mr. Emerson, Mr.
English of Pennsylvania, Mr. Ewing, Mr. Foley, Mr.
Hastings of Washington, Mr. Hayes, Mr. Kim, Mr.
Largent, Mr. LaTourette, Mr. Lewis of Kentucky, Mr.
Linder, Mr. Livingston, Mr. McIntosh, Mr. Ney, Mr.
Norwood, Mr. Scarborough, Mr. Towns, Mr. Traficant,
and Mr. Wamp):
H.R. 3153. A bill to amend title 49, United States Code, to
exempt from regulation the transportation of certain
hazardous materials by vehicles with a gross vehicle weight
rating of 10,000 pounds or less; to the Committee on
Transportation and Infrastructure.
By Mr. BARRETT of Wisconsin:
H.R. 3154. A bill to increase the penalty for trafficking
in powdered cocaine to the same level as the penalty for
trafficking in crack cocaine, and for other purposes; to the
Committee on the Judiciary, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. McCOLLUM (for himself, Mr. Mica, and Ms. Brown
of Florida):
H.R. 3155. A bill to amend the Wild and Scenic Rivers Act
by designating the Wekiva River, Seminole Creek, and Rock
Springs Run in the State of Florida for study and potential
addition to the national wild and scenic rivers system; to
the Committee on Resources.
By Mr. TIAHRT (for himself, Mr. Souder, Mr. Hostettler,
Mr.
[[Page 573]]
Largent, Mrs. Myrick, Mr. Dornan, Mr. Hutchinson, Mr.
Pete Geren of Texas, and Mr. English of
Pennsylvania):
H.R. 3156. A bill to amend the Indian Child Welfare Act of
1978 to exempt voluntary child custody proceedings from
coverage under that act, and for other purposes; to the
Committee on Resources.
By Mr. TORRICELLI:
H.R. 3157. A bill to amend the Internal Revenue Code of
1986 to allow the establishment of individual training
accounts; to the Committee on Ways and means.
By Mr. HOYER (for himself, Mrs. Morella, Mr. Wynn, Ms.
Norton, Mr. Wolf, Mr. Moran, and Mr. Davis):
H. Con. Res. 153. Concurrent resolution authorizing the use
of the Capitol Grounds for the Greater Washington Soap Box
Derby; to the Committee on Transportation and Infrastructure.
By Mr. HOKE:
H. Res 390. Resolution concerning the prohibition on the
use of United States passports for travel to Lebanon; to the
Committee on International Relations.
para.33.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 392: Mr. English of Pennsylvania.
H.R. 739: Mr. Armey.
H.R. 1050: Mr. Jackson.
H.R. 1279: Mr. Istook, Mr. Thornberry, and Mr. Bateman.
H.R. 1386: Mr. Stockman, Mr. Norwood, Mr. Wilson, and Mr.
Bilbray.
H.R. 1406: Mr. Dingell, Mr. Bentsen, Mr. Kennedy of Rhode
Island, Mr. Hastings of Florida, Mr. Dreier, Mr. Solomon, Ms.
Jackson-Lee, Mr. Taylor of Mississippi, Mr. Matsui, Mr.
Pomeroy, Ms. Pelosi, and Mr. Serrano.
H.R. 1496: Mr. Tate.
H.R. 1619: Mr. Matsui.
H.R. 1684: Mr. Bachus, Mr. Bunning of Kentucky, Mr.
Clinger, Mr. Crane, Mr. de la Garza, Mr. DeLay, Mr. Dreier,
Ms. Eshoo, Mr. Farr, Mrs. Fowler, Mr. Heineman, Mr.
Jefferson, Mr. Kolbe, Mr. McCrery, Mr. Manton, Mr. Rogers,
Mr. Bartlett of Maryland, Mr. Collins of Georgia, Mr.
DeFazio, Mr. Durbin, Mr. Engel, Mr. Gallegly, Mr. Kanjorski,
Mr. Lightfoot, Mr. Meehan, Mr. Menendez, Mrs. Mink of Hawaii,
Mr. Murtha, Mr. Visclosky, Mr. Williams, Mr. Young of Alaska,
Mr. Leach, Mr. Baker of Louisiana, Ms. Brown of Florida, Mr.
Brown of California, Mr. Brownback, Mr. Calvert, Mr.
Christensen, Mrs. Clayton, Miss Collins of Michigan, Mr.
Dellums, Mr. Fields of Louisiana, Mr. Fox, Mr. Goodling, Mr.
Hyde, Mr. Linder, Ms. McCarthy, Mr. McDermott, Mr. McKeon,
Mr. McNulty, Mr. Moorhead, Mr. Neal of Massachusetts, Mr.
Richardson, Mr. Sanford, Mr. Shadegg, Mr. Studds, Mr. Tiahrt,
Mr. Torkildsen, Mr. Wicker, and Mr. Zimmer.
H.R. 1776: Ms. McKinney, Mr. Lewis of Georgia, Mr. Jackson,
Mr. Hilliard, Ms. Kaptur, Ms. Waters, Mr. Gilchrest, Mr.
Bonilla, Mr. Norwood, Mr. Stump, Mr. Tate, Mr. Metcalf, Mr.
Tiahrt, Mrs. Chenoweth, and Mr. Gutknecht.
H.R. 2060: Mr. Sanford, Mr. Hefley, Mr. Roth, Mr. Boehner,
Mr. Norwood, Mr. Inglis of South Carolina, Mr. Burton of
Indiana, and Mr. Bachus.
H.R. 2066: Mr. Riggs, Mr. Weldon of Florida, Mr. Greenwood,
Mr. McIntosh, Mr. Souder, Mr. Castle, Mr. Ballenger, Mr.
Graham, Mr. Longley, Mr. Hutchinson, Mr. Stark, and Mr. Hoke.
H.R. 2167: Mr. Borski.
H.R. 2214: Mr. Bilbray and Mr. Watts of Oklahoma.
H.R. 2241: Mr. Gilchrest.
H.R. 2247: Mr. Clyburn, Mr. Frost, Mr. Jacobs, Ms. Kaptur,
Mr. Lewis of Georgia, Mr. Matsui, and Mr. Visclosky.
H.R. 2270: Mr. Weldon of Florida.
H.R. 2275: Mr. Barr, Mr. Rogers, and Mr. Underwood.
H.R. 2364: Mr. Bono.
H.R. 2450: Mr. English of Pennsylvania, Mr. Torres, and Mr.
Wynn.
H.R. 2531: Mrs. Lincoln.
H.R. 2536: Mr. Coble, Mr. Jacobs, and Mr. Minge.
H.R. 2566: Mr. Brownback.
H.R. 2579: Mr. Longley.
H.R. 2727: Mr. Emerson.
H.R. 2757: Mr. Ackerman, Mrs. Waldholtz, Mr. Lipinski, Mr.
Tate, and Mr. LaHood.
H.R. 2764: Mr. Doyle, Mr. Dornan, and Mr. Calvert.
H.R. 2798: Mr. Franks of Connecticut.
H.R. 2827: Mr. Clyburn.
H.R. 2834: Ms. Woolsey.
H.R. 2893: Mr. LaHood and Mr. Barcia of Michigan.
H.R. 2911: Mr. McCollum, Mr. English of Pennsylvania, Mr.
Zimmer, and Mr. Herger.
H.R. 2925: Mr. Gutknecht, Mr. Minge, Mr. Weller, Mr.
Stockman, Mr. Wilson, and Mr. Ehrlich.
H.R. 2931: Mr. Kennedy of Massachusetts.
H.R. 2994: Mr. Smith of New Jersey and Mr. English of
Pennsylvania.
H.R. 3010: Mr. Hoke and Mr. Condit.
H.R. 3043: Mr. Calvert.
H.R. 3065: Mr. Tauzin.
H.R. 3095: Mr. Wicker.
H.R. 3118: Mr. Smith of New Jersey and Mr. Bilirakis.
H.R. 3123: Mr. Canady.
H.R. 3130: Mr. Filner, Ms. Woolsey, and Mr. Luther.
H.R. 3141: Mr. Skaggs.
H.R. 3142: Mr. Tejeda, Mr. Bonilla, Mr. Frazer, Mr.
Scarborough, Mr. English of Pennsylvania, Mr. Smith of New
Jersey, and Mr. Brewster.
H.R. 3148: Mr. Zimmer.
H. Con. Res. 100: Mr. Sam Johnson of Texas, Mr. Emerson,
Mr. Holden, Mr. Taylor of Mississippi, Mr. Davis, Mr.
Scarborough, Mr. McKeon, Mr. Moorhead, Mr. Packard, Mr.
Barrett of Nebraska, Mr. Petri, Mr. Doolittle, Mr. Foley, Mr.
Clement, Mr. Lewis of California, Mr. Weldon of Florida, Mr.
Hastert, and Mr. Goodlatte.
H. Con. Res. 134: Mr. Hastings of Washington and Mr. Skeen.
H. Res. 345: Mr. Pombo.
H. Res. 385: Mr. English of Pennsylvania.
para.33.21 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1202: Mr. Gene Green of Texas.
.
MONDAY, MARCH 25, 1996 (34)
para.34.1 designation of speaker pro tempore
The House was called to order by the Speaker pro tempore, Mr. UPTON,
who laid before the House the following communication:
Washington, DC,
March 25, 1996.
I hereby designate the Honorable Fred Upton to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.34.2 approval of the journal
The SPEAKER pro tempore, Mr. UPTON, announced he had examined and
approved the Journal of the proceedings of Friday, March 22, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.34.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2290. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Spain for defense articles and services
(Transmittal No. 96-22), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2291. A communication from the President of the United
States, Transmitting the fourth report on the continuing
deployment of United States Armed Forces to Haiti (H. Doc.
No. 104-190); to the Committee on International Relations and
ordered to be printed.
2292. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting a report of activities
under the Freedom of Information Act for the calendar year
1995, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Reform and Oversight.
para.34.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.34.5 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate disagrees to the amendments of the House to
the bill (S. 735) ``An Act to prevent and punish acts of terrorism, and
for other purposes,'' agrees to a conference asked by the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Hatch, Mr.
Thurmond, Mr. Simpson, Mr. Biden, and Mr. Kennedy, to be the conferees
on the part of the Senate.
para.34.6 message from the president--national emergency with respect
to angola
The SPEAKER pro tempore, Mr. UPTON, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since September
26, 1995, concerning the national emergency with respect to Angola that
was declared in Executive Order No. 12865 of September 26, 1993. This
report is submitted pursuant to section 401(c) of the National
Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(c).
On September 26, 1993, I declared a national emergency with respect to
Angola, invoking the authority, inter alia, of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the United
Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with
United Nations Security Council Resolution 864, dated September 15,
1993, the order prohibited
[[Page 574]]
the sale or supply by United States persons or from the United States,
or using U.S.-registered vessels or aircraft, of arms and related
materiel of all types, including weapons and ammunition, military
vehicles, equipment and spare parts, and petroleum and petroleum
products to the territory of Angola other than through designated points
of entry. The order also prohibited such sale or supply to the National
Union for the Total Independence of Angola (``UNITA''). United States
persons are prohibited from activities that promote or are calculated to
promote such sales or supplies, or from attempted violations, or from
evasion or avoidance or transactions that have the purpose of evasion or
avoidance, of the stated prohibitions. The order authorized the
Secretary of the Treasury, in consultation with the Secretary of State,
to take such actions, including the promulgation of rules and
regulations, as might be necessary to carry out the purposes of the
order.
1. On December 10, 1993, the Treasury Department's Office of Foreign
Assets Control (``FAC'') issued the UNITA (Angola) Sanctions Regulations
(the ``Regulations'') (58 Fed. Reg. 64904) to implement the President's
declaration of a national emergency and imposition of sanctions against
Angola (UNITA). There have been no amendments to the Regulations since
my report of September 18, 1995.
The Regulations prohibit the sale or supply by United States persons
or from the United States, or using U.S.-registered vessels or aircraft,
of arms and related materiel of all types, including weapons and
ammunition, military vehicles, equipment and spare parts, and petroleum
and petroleum products to UNITA or to the territory of Angola other than
through designated points. United States persons are also prohibited
from activities that promote or are calculated to promote such sales or
supplies to UNITA or Angola, or from any transaction by any United
States persons that evades or avoids, or has the purpose of evading or
avoiding, or attempts to violate, any of the prohibitions set forth in
the Executive order. Also prohibited are transactions by United States
persons, or involving the use of U.S.-registered vessels or aircraft,
relating to transportation to Angola or UNITA of goods the exportation
of which is prohibited.
The Government of Angola has designated the following points of entry
as points in Angola to which the articles otherwise prohibited by the
Regulations may be shipped: Airports: Luanda and Katumbela, Benguela
Province; Ports: Luanda and Lobito, Benguela Province; and Namibe,
Namibe Province; and Entry Points: Malongo, Cabinda Province. Although
no specific license is required by the Department of the Treasury for
shipments to these designated points of entry (unless the item is
destined for UNITA), any such exports remain subject to the licensing
requirements of the Departments of State and/or Commerce.
2. The FAC has worked closely with the U.S. financial community to
assure a heightened awareness of the sanctions against UNITA--through
the dissemination of publications, seminars, and notices to electronic
bulletin boards. This educational effort has resulted in frequent calls
from banks to assure that they are not routing funds in violation of
these prohibitions. United States exporters have also been notified of
the sanctions through a variety of media, including special fliers and
computer bulletin board information initiated by FAC and posted through
the U.S. Department of Commerce and the U.S. Government Printing
Office. There have been no license applications under the program.
3. The expenses incurred by the Federal Government in the 6-month
period from September 18, 1995, through March 25, 1996, that are
directly attributable to the exercise of powers and authorities
conferred by the declaration of a national emergency with respect to
Angola (UNITA) are reported to be about $226,000, most of which
represents wage and salary costs for Federal personnel. Personnel costs
were largely centered in the Department of the Treasury (particularly
in the Office of Foreign Assets Control, the U.S. Customs Service, the
Office of the Under Secretary for Enforcement, and the Office of the
General Counsel) and the Department of State (particularly the Office
of Southern African Affairs).
I will continue to report periodically to the Congress on significant
developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, March 25, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-190).
para.34.7 recess--2:07 p.m.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 12 of rule I,
declared the House in recess at 2 o'clock and 7 minutes p.m., subject to
the call of the Chair.
para.34.8 after recess--3:49 p.m.
The SPEAKER pro tempore, Mr. UPTON, called the House to order.
And then,
para.34.9 adjournment
On motion of Mr. MONTGOMERY, pursuant to the special order agreed to
on March 22, 1996, at 3 o'clock and 50 minutes p.m., the House adjourned
until 12:30 p.m. on Tuesday, March 26, 1996.
para.34.10 report of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska Committee on Resources. H.R. 2824. A
bill to authorize an exchange of lands in the State of Utah
at Snowbasin Ski Area (Rept. No. 104-493). Referred to the
Committee of the Whole House on the State of the Union.
Mr. ROBERTS: Committee of Conference. Conference report on
H.R. 2854. A bill to modify the operation of certain
agricultural programs (Rept. No. 104-494). Ordered to be
printed.
Mr. ARCHER: Committee on Ways and Means. H.R. 3074. A bill
to amend the United States-Israel Free Trade Area
Implementation Act of 1985 to provide the President with
additional proclamation authority with respect to articles of
the West Bank or Gaza Strip or a qualifying industrial zone
(Rept. No. 104-495). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BLILEY: Committee on Ways and Means. H.R. 3103. A bill
to amend the Internal Revenue Code of 1986 to improve
portability and continuity of health insurance coverage in
the group and individual markets, to combat waste, fraud, and
abuse in health insurance and health care delivery, to
promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify
the administration of health insurance, and for other
purposes; with an amendment (Rept. No. 104-496, Pt. 1).
Ordered to be printed.
Mr. BLILEY: Committee on Commerce. H.R. 3070. A bill to
improve portability and continuity of health insurance
coverage in the group and individual markets, to combat
waste, fraud, and abuse in health insurance and health care
delivery, and to simplify the administration of health
insurance; with an amendment (Rept. No. 104-497, Pt. 1).
Ordered to be printed.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 995. A bill to amend the Employee
Retirement Income Security Act of 1974 to provide new
portability, participation, solvency, claims, and other
consumer protections and freedoms for workers in a mobile
workforce; to increase purchasing power for employers and
employees by removing barriers to the voluntary formation of
multiple employer health plans and fully-insured multiple
employer arrangements; to increase health plan competition
providing more affordable choice of coverage by removing
restrictive State laws relating to provider health networks,
employer health coalitions, and insured plans and the
offering of medisave plans; to expand access to fully-insured
coverage for employees of small employers through fair rating
standards and open markets; and for other purposes; with
amendments (Rept. No. 104-498, Pt. 1). Ordered to be printed.
para.34.11 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker
H.R. 995. Referral to the Committee on Commerce extended
for a period ending not later than March 29, 1996.
H.R. 3070. Referral to the Committees on Economic and
Educational Opportunities, the Judiciary, and Ways and Means
for a period ending not later than March 29, 1996.
H.R. 3103. Referral to the Committees on Economic and
Educational Opportunities, Commerce, and the Judiciary for a
period ending not later than March 29, 1996.
para.34.12 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII,
Mrs. MEYERS of Kansas (for herself, Mr. Poshard, Mr.
Torkildsen, and Mr. LaFalce) introduced a bill (H.R. 3158) to
amend the Small Business Act to extend the pilot Small
Business Technology Transfer Program, and
[[Page 575]]
for other purposes; to the Committee on Small Business.
para.34.13 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 324: Mr. Miller of California and Mr. Minge.
H.R. 833: Ms. Harman.
H.R. 2959: Mr. McCrery.
H.R. 3032: Mr. Fattah.
H.R. 3060: Mr. Gutknecht.
H.R. 3067: Mr. Herger and Mr. Markey.
H.R. 3142: Mr. Matsui, Mr. Hall of Ohio, and Mr. Hall of
Texas.
H. Con. Res. 145: Mr. Zimmer.
.
TUESDAY, MARCH 26, 1996 (35)
para.35.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. UPTON,
at 12:30 p.m., who laid before the House the following communication:
Washington, DC,
March 26, 1996.
I hereby designate the Honorable Fred Upton to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.35.2 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 2969. An Act to eliminate the Board of Tea Experts by
repealing the Tea Importation Act of 1897.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested.
S. 1459. An Act to provide for uniform management of
livestock grazing on Federal land, and for other purposes.
para.35.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. UPTON, pursuant to the order of the House
of Friday, May 12, 1995, recognized Members for ``morning hour''
debates.
para.35.4 recess--12:53 p.m.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 12 of rule I,
declared the House in recess at 12 o'clock and 53 minutes p.m., until
2:00 p.m.
para.35.5 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. UPTON, called the House to order.
para.35.6 approval of the journal
The SPEAKER pro tempore, Mr. UPTON, announced he had examined and
approved the Journal of the proceedings of Monday, March 25, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.35.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2293. A letter from the Chairperson, National Council on
Disability, transmitting the Council's annual report volume
16, fiscal year 1995, pursuant to 29 U.S.C. 781(a)(8); to the
Committee on Economic and Educational Opportunities.
2294. A letter from the Administrator, General Services
Administration, transmitting GSA's investigation of the costs
of operating privately owned vehicles based on calendar year
1995 data, pursuant to 5 U.S.C. 5707(b)(1); to the Committee
on Government Reform and Oversight.
2295. A letter from the Chairman, National Endowment for
the Humanities, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2296. A letter from the Director, Office of Management and
Budget, transmitting a report entitled ``Agency Compliance
with Title II of the Unfunded Mandates Reform Act of 1995,''
pursuant to 2 U.S.C. 1538; to the Committee on Government
Reform and Oversight.
2297. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
notice on leasing systems for the Central Gulf of Mexico,
sale 157, scheduled to be held in April 1996, pursuant to 43
U.S.C. 1337(a)(8); to the Committee on Resources.
2298. A letter from the Secretary of Transportation,
transmitting the Department's evaluation of oil tanker
routing, pursuant to Public Law 101-380, section 4111(c) (104
Stat. 516); to the Committee on Transportation and
Infrastructure.
2299. A letter from the Administrator, Environmental
Protection Agency, transmitting the 1994 national water
quality inventory report, pursuant to 33 U.S.C. 1315(b)(2);
to the Committee on Transportation and Infrastructure.
2300. A letter from the Assistant Attorney General of the
United States, transmitting a report entitled ``Child
Victimizers: Violent Offenders and Their Victims,'' pursuant
to Public Law 103-322, section 320928(h) (108 Stat. 2133);
jointly, to the Committees on the Judiciary and Economic and
Educational Opportunities.
para.35.8 special olympics torch relay
Mr. GILCHREST moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 146):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. AUTHORIZATION OF RUNNING OF SPECIAL OLYMPICS TORCH
RELAY THROUGH CAPITOL GROUNDS.
On May 24, 1996, or on such other date as the Speaker of
the House of Representatives and the President pro tempore of
the Senate may jointly designate, the 1996 Special Olympics
Torch Relay may be run through the Capitol Grounds, as part
of the journey of the Special Olympics torch to the District
of Columbia Special Olympics summer games at Gallaudet
University in the District of Columbia.
SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD.
The Capitol Police Board shall take such actions as may be
necessary to carry out section 1.
SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS.
The Architect of the Capitol may prescribe conditions for
physical preparations for the event authorized by section 1.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GILCHREST and Mr.
TRAFICANT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.35.9 peace officers' memorial service
Mr. GILCHREST moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 147):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL PEACE
OFFICERS' MEMORIAL SERVICE.
The National Fraternal Order of Police and its auxiliary
shall be permitted to sponsor a public event, the fifteenth
annual National Peace Officers' Memorial Service, on the
Capitol grounds on May 15, 1996, or on such other date as the
Speaker of the House of Representatives and the President pro
tempore of the Senate may jointly designate, in order to
honor the 155 law enforcement officers who died in the line
of duty during 1995.
SEC. 2. TERMS AND CONDITIONS.
(a) In General.--The event authorized to be conducted on
the Capitol grounds under section 1 shall be free of
admission charge to the public and arranged not to interfere
with the needs of Congress, under conditions to be prescribed
by the Architect of the Capitol and the Capitol Police Board.
(b) Expenses and Liabilities.--The National Fraternal Order
of Police and its auxiliary shall assume full responsibility
for all expenses and liabilities incident to all activities
associated with the event.
SEC. 3. EVENT PREPARATIONS.
(a) Structures and Equipment.--Subject to the approval of
the Architect of the Capitol, the National Fraternal Order of
Police and its auxiliary are authorized to erect upon the
Capitol grounds such stage, sound amplification devices, and
other related structures and equipment, as may be required
for the event authorized to be conducted on the Capitol
grounds under section 1.
(b) Additional Arrangements.--The Architect of the Capitol
and the Capitol Police Board are authorized to make any such
additional arrangements as may be required to carry out the
event.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GILCHREST and Mr.
TRAFICANT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of
[[Page 576]]
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.35.10 peace corps 35th anniversary
Mr. BEREUTER moved to suspend the rules and pass the joint resolution
(H.J. Res. 158) to recognize the Peace Corps on the occasion of its 35th
anniversary and the Americans who have served as Peace Corps volunteer.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. BEREUTER and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.35.11 human rights in cambodia
Mr. GILMAN moved to suspend the rules and agree to the following
resolution (H. Res. 345); as amended:
Whereas the Paris Peace Accords of 1991 and the successful
national elections of 1993 ended two decades of civil war and
genocide in Cambodia, demonstrated the commitment of the
Cambodian people to democracy and stability, and established
a national constitution guaranteeing fundamental human
rights;
Whereas since 1991 the international community has
contributed more than $3,000,000,000 to peacekeeping and
national reconstruction in Cambodia and currently provides
over 40 percent of the budget of the Cambodian Government;
Whereas recent events in Cambodia, including the arrest and
exile of former Foreign Minister Prince Sirivudh, the
expulsion of the former Finance Minister Sam Rainsy from the
government coalition FUNCINPEC Party and the National
Assembly, a grenade attack against the independent Buddhist
Liberal Democratic Party of Cambodia, and mob attacks against
pro-opposition newspapers, suggest that Cambodia is sliding
back into a pattern of violence and repression;
Whereas rampant official corruption in the Cambodian
Government has emerged as a major cause of public
dissatisfaction, which in turn has resulted in the government
crackdown against these outspoken opposition politicians and
the press;
Whereas heroin traffic in and through Cambodia has become
so widespread that Cambodia has been added to the Department
of State's list of major narcotics trafficking countries;
Whereas the desire to cite Cambodia as a success story for
United Nations peacekeeping and international cooperation has
stifled the expression of concern about deteriorating human
rights conditions in Cambodia; and
Whereas conditions in Cambodia have deteriorated since the
House of Representatives passed House Bill 1642 on July 11,
1995, which grants Cambodia unconditional most favored
trading status: Now, therefore, be it
Resolved, That the House of Representatives--
(1) urges the Secretary of State to make human rights
concerns among the primary objectives in bilateral relations
with Cambodia;
(2) urges the Secretary of State to closely monitor
preparations for upcoming Cambodian elections in 1997 and
1998 and attempt to secure the agreement of the Cambodian
Government to full and unhindered participation of
international observers for these elections;
(3) urges the Secretary of State to support the
continuation of human rights monitoring in Cambodia by the
United Nations, including monitoring through the office of
the United Nations Center for Human Rights in Phnom Penh and
monitoring by the Special Representative of the United
Nations Secretary General for Human Rights in Cambodia;
(4) urges the Secretary of State to encourage Cambodia's
other donors and trading partners to raise human rights
concerns with Cambodia;
(5) supports efforts by the United States to provide
assistance to Cambodia to broaden democratic civil society,
to strengthen the rule of law and to ensure that future
elections in Cambodia are free and fair; and
(6) urges that the United States raise human rights
concerns at the June 1996 meeting of the Donor's Consultative
Meeting for Cambodia and during consideration of projects in
Cambodia to be financed by international financial
institutions.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GILMAN and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution, as
amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution, as amended, was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution, as amended, was agreed to was, by unanimous consent,
laid on the table.
para.35.12 iraqi massacre of kurds anniversary
Mr. GILMAN moved to suspend the rules and agree to the following
resolution (H. Res. 379):
Whereas over four million Kurds live in Iraq, composing 20
percent of the population;
Whereas the Iraqi Government has continually taken violent
actions against Kurds living in Iraq;
Whereas, on March 17, 1988, the Iraqi Government, by its
own admission, used chemical weapons against Iraqi Kurd
civilians in the Kurdish frontier village of Halabja,
resulting in the death of over 5,000 innocent persons;
Whereas this terrible, inhumane act by the repressive Iraqi
Government provoked international outrage;
Whereas the Iraqi Government continued its use of chemical
weapons against a defenseless Kurdish population throughout
1988;
Whereas over 182,000 Iraqi Kurds were killed by the Iraqi
Government during the Anfal campaigns in 1988;
Whereas it was not until the international response to
Iraq's invasion of Kuwait in 1990 that the international
community instituted measures to destroy Iraq's arsenal of
weapons of mass destruction;
Whereas the Iraqi Government has laid over 20 million mines
throughout the Kurdish countryside which continue to hamper
efforts of rehabilitation of the displaced population;
Whereas United Nations Security Council Resolution 688 of
April 1, 1991, demanded that Iraq cease repression of its
citizens and called for an international relief program for
the Iraqi civilian population and, in particular the Kurdish
population;
Whereas, since the spring of 1991, the United States,
Britain, and France have enforced by daily overflights a no-
fly zone over Iraq north of the 36th parallel;
Whereas, in addition to the allied air umbrella, the United
Nations carries out relief and security operations in Iraq,
with emphasis on the Kurdish region;
Whereas, since 1991, the United States has provided
approximately $1.2 billion to support humanitarian and
protective activities, known as Operation Provide Comfort, on
behalf of the Iraqi Kurds; and
Whereas there will never truly be peace for the Iraqi Kurds
without justice being carried out against their Iraqi
perpetrators: Now, therefore, be it
Resolved, That it is the sense of the House of
Representatives that the United States Administration
should--
(1) mark the eighth anniversary of the death of over 5,000
Iraqi Kurds in the 1988 chemical attack by the Iraqi
Government on Halabja by commemorating all those innocent
men, women, and children who lost their lives;
(2) reaffirm the United States' commitment to protect and
help the Kurdish people in Iraq, thus ensuring that the
tragedy of Halabja will never be repeated;
(3) support efforts to promote a democratic alternative to
the present regime in Iraq which will assure the Kurdish
people the right to self-government through a federal system;
and
(4) renew efforts to establish an international war crime
tribunal to prosecute Iraqi leaders involved in crimes
against humanity and war crimes.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GILMAN and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. PORTER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
[[Page 577]]
announced that further proceedings on the motion were postponed until
Wednesday, March 27, 1996, pursuant to the prior announcement of the
Chair.
para.35.13 iranian treatment of baha'is
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 102):
Whereas in 1982, 1984, 1988, 1990, 1992, and 1994 the
Congress, by concurrent resolution, declared that it holds
the Government of Iran responsible for upholding the rights
of all its nationals, including members of the Baha'i Faith,
Iran's largest religious minority;
Whereas the Congress has deplored the Government of Iran's
religious persecution of the Baha'i community in such
resolutions and in numerous other appeals, and has condemned
Iran's execution of more than 200 Baha'is and the
imprisonment of thousands of others solely on account of
their religious beliefs;
Whereas the Government of Iran continues to deny individual
Baha'is access to higher education and government employment
and denies recognition and religious rights to the Baha'i
community, according to the policy set forth in a
confidential Iranian Government document which has revealed
by the United Nations Commission on Human Rights in 1993;
Whereas all Baha'i community properties in Iran have been
confiscated by the government and Iranian Baha'is are not
permitted to elect their leaders, organize as a community,
operate religious schools or conduct other religious
community activities guaranteed by the Universal Declaration
of Human Rights; and
Whereas on February 22, 1993, the United Nations Commission
on Human Rights published a formerly confidential Iranian
Government document that constitutes a blueprint for the
destruction of the Baha'i community and reveals that these
repressive actions are the result of a deliberate policy
designed and approved by the highest officials of the
Government of Iran: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) continues to hold the Government of Iran responsible
for upholding the rights of all its nationals, including
members of the Baha'i community, in a manner consistent with
Iran's obligations under the Universal Declaration of Human
Rights and other international agreements guaranteeing the
civil and political rights of its citizens;
(2) condemns the repressive anti-Baha'i policies and
actions of the Government of Iran, including the denial of
legal recognition to the Baha'i community and the basic
rights to organize, elect its leaders, educate its youth, and
conduct the normal activities of a law-abiding religious
community;
(3) expresses concern that individual Baha'is continue to
suffer from severely repressive and discriminatory government
actions, solely on account of their religion;
(4) urges the Government of Iran to extend to the Baha'i
community the rights guaranteed by the Universal Declaration
of Human Rights and the international covenants of human
rights, including the freedom of thought, conscience, and
religion, and equal protection of the law; and
(5) calls upon the President to continue--
(A) to assert the United States Government's concern
regarding Iran's violations of the rights of its citizens,
including members of the Baha'i community, along with
expressions of its concern regarding the Iranian Government's
support for international terrorism and its efforts to
acquire weapons of mass destruction;
(B) to emphasize that the United States regards the human
rights practices of the Government of Iran, particularly its
treatment of the Baha'i community and other religious
minorities, as a significant factor in the development of the
United States Government's relations with the Government of
Iran;
(C) to urge the Government of Iran to emancipate the Baha'i
community by granting those rights guaranteed by the
Universal Declaration of Human Rights and the international
covenants on human rights; and
(D) to encourage other governments to continue to appeal to
the Government of Iran, and to cooperate with other
governments and international organizations, including the
United Nations and its agencies, in efforts to protect the
religious rights of the Baha'is and other minorities through
joint appeals to the Government of Iran and through other
appropriate actions.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GILMAN and Mr.
MORAN each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. PORTER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, March 27, 1996, pursuant to the prior announcement of the
Chair.
para.35.14 enrollment requirements
On motion of Mr. NEY, by unanimous consent, the Committee on House
Oversight was discharged from further consideration of the joint
resolution (H.J. Res. 168) waiving certain enrollment requirements with
respect to two bills of the One Hundred Fourth Congress.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby the joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.35.15 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1459. An Act to provide for uniform management of
livestock grazing on Federal land, and for other purposes; to
the Committee on Natural Resources and the Committee on
Agriculture.
And then,
para.35.16 adjournment
On motion of Mr. NORWOOD, pursuant to the special order agreed to on
Friday, March 22, 1996, at 4 o'clock and 43 minutes p.m., the House
adjourned until 2:00 o'clock p.m. on Wednesday, March 27, 1996.
para.35.17 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SHUSTER (for himself, Mr. Oberstar, Mr. Duncan,
Mr. Lipinski, Ms. Molinari, and Mr. Wise):
H.R. 3159. A bill to amend title 49, United States Code, to
authorize appropriations for fiscal years 1997, 1998, and
1999 for the National Transportation Safety Board, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. ARCHER (for himself, Mr. Bliley, Mr. Goodling,
Mr. Hyde, Mr. Thomas, Mr. Bilirakis, Mr. Fawell, Mr.
McCollum, and Mr. Hastert):
H.R. 3160. A bill to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health
care delivery, to promote the use of medical savings
accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance,
to reform medical liability, and for other purposes; to the
Committee on Ways and Means, and in addition to the
Committees on Commerce, Economic and Educational
Opportunities, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CRANE (for himself, Mr. Gibbons, and Mrs.
Kennelly):
H.R. 3161. A bill to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Romania; to the Committee on Ways and
Means.
By Ms. DeLAURO:
H.R. 3162. A bill to facilitate efficient investments and
financing of infrastructure projects and new job creation
through the establishment of a National Infrastructure
Development Corporation, and for other purposes; to the
Committee on Transportation and Infrastructure, and in
addition to the Committees on Banking and Financial Services,
and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. HASTINGS of Washington (for himself and Mrs.
Smith of Washington):
H.R. 3163. A bill to provide that Oregon may not tax
compensation paid to a resident of Washington for services as
a Federal employee at a Federal hydroelectric facility
located on the Columbia River; to the Committee on the
Judiciary.
By Mr. HASTINGS of Washington:
H.R. 3164. A bill to exempt defense nuclear facilities from
the Metric System Conversion Act of 1975; to the Committee on
Science.
By Mrs. JOHNSON of Connecticut:
H.R. 3165. A bill to amend title 23, United States Code, to
make funds available for surface transportation projects on
roads functionally classified as local or rural minor
collectors, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. NEY:
H.J. Res. 168. Joint resolution waiving certain enrollment
requirements with respect to two bills of the 104th Congress;
to the Committee on House Oversight.
[[Page 578]]
By Mr. FUNDERBURK (for himself, Mr. Smith of New
Jersey, Mr. Scarborough, Mr. Graham, Mr. Hilleary,
Mr. Jones, Mr. Cox, Mr. Foley, Mr. Gutknecht, Mrs.
Chenoweth, Mr. Underwood, Mr. Salmon, Ms. Pelosi, Mr.
Bono, Mr. Burton of Indiana, Mr. Solomon, Ms. Brown
of Florida, Mr. Hastings of Washington, Mr. Baker of
California, Mr. Pombo, Mr. Cooley, Mr. Ehrlich, Mr.
Coble, Mrs. Cubin, Mr. Istook, Mr. Brewster, Mr.
Buyer, and Mr. Rohrabacher):
H. Con. Res. 154. Concurrent resolution to congratulate the
Republic of China on Taiwan on the occasion of its first
Presidential democratic election; to the Committee on
International Relations.
para.35.18 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Zimmer and Mr. Rose.
H.R. 1073: Mr. Torres, Mr. Petri, and Mr. Ensign.
H.R. 1074: Mr. Torres, Mr. Petri, and Mr. Ensign.
H.R. 1202: Mr. Shaw.
H.R. 1713: Mr. Barr.
H.R. 1916: Mr. Bryant of Texas and Mr. Bliley.
H.R. 2086: Mr. Blute.
H.R. 2270: Mr. Hyde.
H.R. 2400: Mr. Davis, Mr. Duncan, Mr. Wilson, Mr.
Livingston, and Mr. Cramer.
H.R. 2510: Mr. McHale.
H.R. 2578: Mr. McHale.
H.R. 2579: Mr. Skaggs, Mr. Gunderson, Mr. Montgomery, and
Mr. Hefley.
H.R. 2585: Mr. Miller of California and Ms. Jackson-Lee.
H.R. 2636: Mr. King.
H.R. 2856: Mr. Volkmer.
H.R. 2919: Mr. Houghton and Mr. Doyle.
H.R. 2925: Mr. Stearns, Mrs. Myrick, and Mr. Ney.
H.R. 3002: Mr. Brewster, Mr. King, and Mr. Barrett of
Nebraska.
H.R. 3103: Mr. Forbes, Mr. Horn, Ms. Molinari, Mr. Portman,
Mr. Ney, Mr. Hobson, Mr. Shays, Mr. Hoke, Mrs. Kelly, Mr.
Longley, Mr. McHugh, Mr. Boehlert, Mr. English of
Pennsylvania, Mr. Greenwood, Mr. Gilchrest, and Mrs. Fowler.
H.R. 3106: Mr. Frost, Ms. Eddie Bernice Johnson of Texas,
Mr. Gene Green of Texas, and Ms. Norton.
H.R. 3119: Mr. Gene Green of Texas and Mr. Kildee.
H.R. 3148: Mr. Torricelli.
H.J. Res. 158: Mr. Sabo.
para.35.19 petitions etc.
Under clause 1 of rule XXII,
68. The SPEAKER presented a petition of the Council of the
District of Columbia, relative to Council Resolution 11-235,
``Transfer of Jurisdiction over a Portion of Parcel 174/15
and Lot 802 in Square 4325, S.O. 85-182, Resolution of
1996''; which was referred to the Committee on Government
Reform and Oversight.
.
WEDNESDAY, MARCH 27, 1996 (36)
para.36.1 designation of speaker pro tempore
The House was called to order by the Speaker pro tempore, Mrs.
VUCANOVICH, who laid before the House the following communication:
Washington, DC,
March 27, 1996.
I hereby designate the Honorable Barbara F. Vucanovich to
act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.36.2 approval of the journal
The SPEAKER pro tempore, Mrs. VUCANOVICH, announced she had examined
and approved the Journal of the proceedings of Tuesday, March 26, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.36.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2301. A letter from the Under Secretary for Acquisition and
Technology, Department of Defense, transmitting a report on
laboratories designated as eligible to participate in the
Department's Laboratory Revitalization Demonstration Program,
pursuant to Public Law 104-106, section 2892(d) (110 State.
590); to the Committee on National Security.
2302. A letter from the Secretary of Labor, transmitting a
report entitled ``Core Data Elements and Common Definitions
for Employment and Training Programs,'' pursuant to Public
Law 102-367, section 404(a) (106 Stat. 1085); to the
Committee on Economic and Educational Opportunities.
2303. A letter from the Secretary of Energy, transmitting
the Department's annual report for the strategic petroleum
reserve, covering calendar year 1995, pursuant to 42 U.S.C.
6245(a); to the Committee on Commerce.
2304. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b; to the
Committee on International Relations.
2305. A letter from the Administrator, U.S. Small Business
Administration, transmitting the annual report under the
Federal Managers' Financial Integrity Act for fiscal year
1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2306. A letter from the Secretary, Naval Sea Cadet Corps,
transmitting the annual audit report of the Corps for the
year ended December 31, 1995, pursuant to 36 U.S.C. 1101(39)
and 1103; to the Committee on the Judiciary.
2307. A letter from the Secretary of Transportation,
transmitting a study on innovative financing available under
the Airport Improvement Program, pursuant to 49 U.S.C. 47101
note; to the Committee on Transportation and Infrastructure.
2308. A letter from the Deputy Administrator, General
Services Administration, transmitting a building project
survey report for Research Triangle Park, NC, pursuant to 40
U.S.C. 610(b); to the Committee on Transportation and
Infrastructure.
2309. A letter from the Chairman, Pension Benefit Guaranty
Corporation, transmitting the 21st annual report of the
Corporation, which includes the Corporation's financial
statements as of September 30, 1995, pursuant to 29 U.S.C.
1308; jointly, to the Committees on Economic and Educational
Opportunities and Ways and Means.
2310. A letter from the Secretary of Transportation,
transmitting notification of the actions the Secretary has
taken regarding security measures at Hellenikon International
Airport, Athens, Greece, pursuant to 49 U.S.C. 44907(d)(3);
jointly, to the Committees on Transportation and
Infrastructure and International Relations.
para.36.4 interparliamentary group resignation--majority
The SPEAKER pro tempore, Mrs. VUCANOVICH, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, March 27, 1996.
Hon. Newt Gingrich,
Office of the Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to my request, I am hereby
resigning as the leader of the House delegation to the United
States-Canada Interparliamentary Group for the year 1996.
Sincerely,
Don Manzullo,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.36.5 u.s.--canada interparliamentary group
The SPEAKER pro tempore, Mrs. VUCANOVICH, by unanimous consent,
announced that pursuant to the provisions of 22 United States Code 276d,
the Speaker appointed to the United States Delegation of the United
States-Canada Interparliamentary Group, Mr. Houghton, on the part of the
House.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
para.36.6 library of congress trust fund board
The SPEAKER pro tempore, Mrs. VUCANOVICH, by unanimous consent,
announced that pursuant to the provisions of section 1 of 2 United
States Code 154, as amended by section 1 of Public Law 102-246, the
Speaker appointed to the Library of Congress Trust Fund Board, Mrs.
Marguerite S. Roll of Paradise Valley, Arizona, from private life, to a
three-year term, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
para.36.7 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
para.36.8 recess--4:41 p.m.
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 41 minutes p.m., subject
to the call of the Chair until 5 p.m.
para.36.9 after recess--5 p.m.
The SPEAKER pro tempore, Mr. ROGERS, called the House to order.
para.36.10 providing for the consideration of senate amendments to h.r.
1833
Mrs. WALDHOLTZ, by direction of the Committee on Rules, called up the
following resolution (H. Res. 389):
Resolved, That upon adoption of this resolution it shall be
in order to take from the
[[Page 579]]
Speaker's table the bill (H.R. 1833) to amend title 18,
United States Code, to ban partial-birth abortions, with
Senate amendments thereto, and to consider in the House a
single motion to concur in each of the Senate amendments. The
Senate amendments and the motion shall be considered as read.
The motion shall be debatable for one hour equally divided
and controlled by the chairman and ranking minority member of
the Committee on the Judiciary. The previous question shall
be considered as ordered on the motion to final adoption
without intervening motion or demand for division of the
question.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. ROGERS, announced that the nays had it.
Mrs. WALDHOLTZ objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
269
When there appeared
<3-line {>
Nays
148
para.36.11 [Roll No. 93]
YEAS--269
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (NJ)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Thornton
Tiahrt
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--148
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Boehlert
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Frank (MA)
Franks (CT)
Frelinghuysen
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Green
Greenwood
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Miller (CA)
Minge
Mink
Moakley
Morella
Nadler
Neal
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Spratt
Stark
Studds
Thompson
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--14
Bryant (TX)
Collins (IL)
Dooley
Dornan
Filner
Ford
Fowler
Gibbons
Harman
Smith (WA)
Stokes
Thomas
Torricelli
Weldon (PA)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.36.12 partial-birth abortion
Mr. CANADY, pursuant to House Resolution 389, moved to take from the
Speaker's table the bill (H.R. 1833) to amend title 18, United States
Code, to ban partial-birth abortions; together with the following
amendments of the Senate thereto, and concur in each of the amendments:
Page 2, line 9, strike out [Whoever] and insert: Any
physician who
Page 2, line 12, after ``both.'' insert: This paragraph
shall not apply to a partial-birth abortion that is necessary
to save the life of a mother whose life is endangered by a
physical disorder, illness, or injury: Provided, That no
other medical procedure would suffice for that purpose. This
paragraph shall become effective one day after enactment.
Page 2, line 13, strike out [As] and insert: (1) As
Page 2, after line 16, insert:
``(2) As used in this section, the term `physician' means a
doctor of medicine or osteopathy legally authorized to
practice medicine and surgery by the State in which the
doctor performs such activity, or any other individual
legally authorized by the State to perform abortions:
Provided, however, That any individual who is not a physician
or not otherwise legally authorized by the State to perform
abortions, but who nevertheless directly performs a partial-
birth abortion, shall be subject to the provision of this
section.
Page 2, line 17, strike out [(c)(1) The father,] and
insert: (c)(1) The father, if married to the mother at the
time she receives a partial-birth abortion procedure,
Page 3, strike out lines 12 through 20.
After debate,
Pursuant to House Resolution 389 the previous question was considered
as ordered.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. ROGERS, announced that the yeas had it.
Mr. CANADY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
286
It was decided in the
Nays
129
<3-line {>
affirmative
Answered present
1
para.36.13 [Roll No. 94]
YEAS--286
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
[[Page 580]]
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Fox
Franks (NJ)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Jefferson
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Thornton
Tiahrt
Traficant
Upton
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--129
Abercrombie
Ackerman
Andrews
Baldacci
Becerra
Beilenson
Bentsen
Berman
Bishop
Boehlert
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Frank (MA)
Franks (CT)
Frelinghuysen
Furse
Gejdenson
Gilman
Gonzalez
Green
Greenwood
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnston
Kelly
Kennedy (MA)
Kennelly
Kolbe
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Menendez
Meyers
Miller (CA)
Mink
Morella
Nadler
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Studds
Thompson
Thurman
Torkildsen
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
ANSWERED ``PRESENT''--1
Richardson
NOT VOTING--15
Bryant (TX)
Collins (IL)
Dornan
Filner
Ford
Fowler
Gibbons
Harman
Roukema
Smith (WA)
Stokes
Thomas
Torricelli
Ward
Weldon (PA)
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.36.14 h. res. 379--unfinished business
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the resolution (H. Res. 379) expressing the sense of the
House of Representatives concerning the eighth anniversary of the
massacre of over 5,000 Kurds as a result of a gas bomb attack by the
Iraqi government.
The question being put,
Will the House suspend the rules and agree to said resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
409
<3-line {>
affirmative
Nays
0
para.36.15 [Roll No. 95]
YEAS--409
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
[[Page 581]]
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--22
Borski
Bryant (TX)
Clinger
Collins (IL)
Conyers
DeLay
Dornan
Filner
Ford
Fowler
Gibbons
Harman
McDermott
Pickett
Smith (WA)
Stark
Stokes
Studds
Thomas
Torricelli
Waters
Weldon (PA)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
para.36.16 h. con. res. 102--unfinished business
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con Res. 102)
concerning the emancipation of the Iranian Baha'i community.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
408
<3-line {>
affirmative
Nays
0
para.36.17 [Roll No. 96]
YEAS--408
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foglietta
Foley
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--23
Berman
Borski
Brewster
Bryant (TX)
Clinger
Collins (IL)
DeLay
Dicks
Dornan
Filner
Flake
Ford
Fowler
Gibbons
Gunderson
Harman
McDermott
Smith (WA)
Stokes
Studds
Thomas
Torricelli
Weldon (PA)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.36.18 providing for the consideration of h.r. 3136
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-500) the resolution (H. Res. 391) providing for the consideration of
the bill (H.R. 3136) to provide for enactment of the Senior Citizens'
Right to Work Act of 1996, the Line Item Veto Act, and the Small
Business Growth and Fairness Act of 1996, and to provide for a permanent
increase in the public debt limit.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.36.19 providing for the consideration of h.r. 3103
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-501) the resolution (H. Res. 392) providing for the consideration of
the bill (H.R. 3103) to amend the Internal Revenue Code of 1986 to
improve portability and continuity of health insurance coverage in the
group and individual markets, to combat waste, fraud, and abuse in
health insurance and health care delivery, to promote the use of medical
savings accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.36.20 waiving points of order against conference report on h.r.
2854
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-503) the resolution (H. Res. 394) waiving points of order against
the conference report on the bill (H.R. 2854) to modify the operation of
certain agricultural programs.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.36.21 waiving points of order against conference report on h.r.
956
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-503) the resolution (H. Res. 395) waiving points of order against
the conference report on the bill (H.R. 956) to establish legal
standards and procedures for product liability litigation, and for other
purposes.
[[Page 582]]
When said resolution and report were referred to the House Calendar
and ordered printed.
para.36.22 message from the president--radiation control for health and
safety report
The SPEAKER pro tempore, Mr. ROGERS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with section 540 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360qq) (previously section 360D of the Public Health
Service Act), I am submitting the report of the Department of Health and
Human Services regarding the administration of the Radiation Control for
Health and Safety Act of 1968 during calendar year 1994.
The report recommends the repeal of section 540 of the Federal Food,
Drug, and Cosmetic Act that requires the completion of this annual
report. All the information found in this report is available to the
Congress on a more immediate basis through the Center for Devices and
Radiological Health technical reports, the Radiological Health Bulletin,
and other publicly available sources. The Agency resources devoted to
the preparation of this report could be put to other, better uses.
William J. Clinton.
The White House, March 27, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Commerce.
para.36.23 message from the president--trade agreements program report
The SPEAKER pro tempore, Mr. ROGERS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 163 of the Trade Act of 1974, as amended (19
U.S.C. 2213), I transmit herewith the 1996 Trade Policy Agenda and 1995
Annual Report on the Trade Agreements Program.
William J. Clinton.
The White House, March 27, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means.
para.36.24 subpoena
The SPEAKER pro tempore, Mr. ROGERS, laid before the House the
following communication from the Clerk of the house:
Washington, DC,
March 27, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that I, as custodian of records for the Office of the Clerk,
U.S. House of Representatives, have been served with three
grand jury subpoenas duces tecum issued by the U.S. District
Court for the Eastern District of Michigan.
After consultation with the Office of General Counsel, I
have determined that the Clerk's Office has no documents
responsive to the subpoenas. Through counsel, I will so
notify the appropriate Assistant U.S. Attorney.
Sincerely,
Robin H. Carle,
Clerk of the House of Representatives.
para.36.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. WELDON of Pennsylvania, for today and balance of the week;
To Mrs. FOWLER, for today and balance of the week; and
To Mrs. COLLINS of Illinois, for today and balance of the week.
And then,
para.36.26 adjournment
On motion of Mr. HUNTER, at 11 o'clock and 5 minutes p.m., the House
adjourned.
para.36.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 842. A bill to provide off-budget
treatment for the Highway Trust Fund, the Airport and Airway
Trust Fund, the Inland Waterways Trust Fund, and the Harbor
Maintenance Trust Fund; with an amendment (Rept. No. 104-499
Pt. 1). Ordered to be printed.
Mr. SOLOMON: Committee on Rules. House Resolution 391.
Resolution providing for consideration of the bill (H.R.
3136) to provide for enactment of the Senior Citizens' Right
to Work Act of 1996, the Line Item Veto Act, and the Small
Business Growth and Fairness Act of 1996, and to provide for
a permanent increase in the public debt limit (Rept. No. 104-
500). Referred to the House Calendar.
Mr. GOSS: Committee on Rules. House Resolution 392.
Resolution providing for the consideration of the bill (H.R.
3103) to amend the Internal Revenue Code of 1986 to improve
portability and continuity of health insurance coverage in
the group and individual markets, to combat waste, fraud, and
abuse in health insurance and health care delivery, to
promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify
the administration of health insurance, and for other
purposes (Rept. No. 104-501). Referred to the House Calendar.
Mr. SOLOMON: Committee on Rules. House Resolution 393.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 2854) to modify the
operation of certain agricultural programs (Rept. No. 104-
502). Referred to the House Calendar.
Mr. LINDER: Committee on Rules. House Resolution 394.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 956) to establish legal
standards and procedures for product liability litigation,
and for other purposes (Rept. No. 104-503). Referred to the
House Calendar.
para.36.28 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 842. Referral to the Committee on the Budget extended
for a period ending not later than March 29, 1996.
para.36.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MARTINI (for himself, Mr. McCollum, Mr. Hyde,
and Mr. Schumer):
H.R. 3166. A bill to amend title 18, United States Code,
with respect to the crime of false statement in a Government
matter; to the Committee on the Judiciary.
By Mr. BAKER of Louisiana (for himself, Mr. Kanjorski,
Mr. McCollum, Mr. Bachus, Mr. King, Mr. Hayworth, Mr.
Chrysler, Mr. Cremeans, Mr. Fox, Mr. Metcalf, Mr.
Weller, Mr. LaFalce, Mr. Orton, and Mr. Bentsen):
H.R. 3167. A bill to reform the Federal Home Loan Bank
System, and for other purposes; to the Committee on Banking
and Financial Services.
By Ms. DeLAURO (for herself, Mr. Gephardt, Mr. Bonior,
and Mr. Fazio of California):
H.R. 3168. A bill to facilitate efficient investments and
financing of infrastructure projects and new job creation
through the establishment of a National Infrastructure
Development Corporation, and for other purposes; to the
Committee on Transportation and Infrastructure, and in
addition to the Committees on Banking and Financial Services,
and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. FRANKS of New Jersey:
H.R. 3169. A bill to amend the Job Corps program under the
Job Training Partnership Act to ensure a drug-free, safe, and
cost-effective Job Corps, and for other purposes; to the
Committee on Economic and Educational Opportunities.
By Mr. FRANKS of New Jersey (for himself, Mr. Pallone,
Mr. Frelinghuysen, and Mr. Zimmer):
H.R. 3170. A bill to dispose of contaminated dredged
sediments in a more environmentally responsible manner, and
for other purposes; to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. HOKE:
H.R. 3171. A bill to limit the procurement of aircraft
landing gear by the Secretary of Defense to landing gear that
is manufactured and assembled in the United States; to the
Committee on National Security.
By Mr. KENNEDY of Rhode Island (for himself, Mr.
Boehlert, Mr. Markey, Mr. Blute, Mr. Pallone, Mr.
Quinn, Mr. Torkildsen, Mr. Hinchey, and Mr.
Gejdenson):
H.R. 3172. A bill to establish a Commission to develop
strategies and policies to mitigate the environmental impacts
associated with electric utility restructuring; to the
Committee on Commerce.
By Mr. LANTOS (for himself, Mr. Brown of California,
Ms. Waters,
[[Page 583]]
Mr. Moran, Mr. Frank of Massachusetts, Mr.
Abercrombie, Mr. Gejdenson, Mr. Coleman, Ms. Pelosi,
Mr. Stark, Mr. Kleczka, Mr. Miller of California, Mr.
Jacobs, Mr. Sanders, Mr. DeFazio, Ms. Woolsey, Mr.
Torres, Ms. Rivers, Mr. Lewis of Georgia, Mr. Cardin,
Mr. Clay, Mr. Dellums, Mr. Johnson of South Dakota,
Mr. Yates, Mrs. Mink of Hawaii, Mr. Schumer, Mr.
Farr, Mr. Foglietta, Mr. Torricelli, Mr. Porter, Mr.
Johnston of Florida, Mr. Shays, and Mr. Reed):
H.R. 3173. A bill to establish, wherever possible,
nonanimal acute toxicity testing as an acceptable standard
for Government regulations requiring an evaluation of the
safety of products by the Federal Government; to the
Committee on Commerce.
By Mrs. MORELLA:
H.R. 3174. A bill to amend the Public Health Service Act to
provide for programs regarding women and the human
immunodeficiency virus; to the Committee on Commerce.
H.R. 3175. A bill to amend the Public Health Service Act to
provide for an increase in the amount of Federal funds
expended to conduct research on alcohol abuse and alcoholism
among women; to the Committee on Commerce.
H.R. 3176. A bill to amend the Public Health Service Act to
establish programs of research with respect to women and
cases of infection with the human immunodeficiency virus; to
the Committee on Commerce.
By Mr. SENSENBRENNER (for himself and Mr. Obey):
H.R. 3177. A bill to repeal the consent of Congress to the
Northeast Interstate Dairy Compact, and for other purposes;
to the Committee on the Judiciary.
By Ms. SLAUGHTER (for herself, Mrs. Morella, Mrs.
Lowey, Ms. Eddie Bernice Johnson of Texas, Ms. Brown
of Florida, Mrs. Clayton, Miss Collins of Michigan,
Mrs. Collins of Illinois, Ms. DeLauro, Ms. Eshoo, Ms.
Furse, Ms. Harman, Ms. Jackson-Lee, Mrs. Johnson of
Connecticut, Mrs. Kelly, Mrs. Kennelly, Ms. Lofgren,
Ms. McKinney, Mrs. Maloney, Mrs. Meek of Florida,
Mrs. Meyers of Kansas, Mrs. Mink of Hawaii, Ms.
Norton, Ms. Pelosi, Ms. Rivers, Mrs. Roukema, Ms.
Roybal-Allard, Mrs. Schroeder, Mrs. Thurman, Ms.
Velazquez, Ms. Waters, and Ms. Woolsey):
H.R. 3178. A bill to promote greater equity in the delivery
of health care services to American women through expanded
research on women's health issues and through improved access
to health care services, including preventive health
services; to the Committee on Commerce, and in addition to
the Committees on Ways and Means, the Judiciary, Agriculture,
International Relations, Veterans' Affairs, Economic and
Educational Opportunities, National Security, and Banking and
Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Ms. VELAZQUEZ:
H.R. 3179. A bill to modify various Federal health programs
to make available certain services to women who are members
of racial or ethnic minority groups, and for other purposes;
to the Committee on Ways and Means, and in addition to the
Committees on Commerce, Economic and Educational
Opportunities, and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ENGEL (for himself, Ms. Molinari, Mr. Lantos,
Mr. Porter, Mr. Levin, Mr. King, Mr. Torricelli, Mr.
Moran, Mrs. Kelly, Mr. Bonior, Mr. Miller of
California, and Mr. Rohrabacher):
H. Con. Res. 155. Concurrent resolution concerning human
and political rights and in support of a resolution of the
crisis in Kosova; to the Committee on International
Relations.
By Ms. DeLAURO:
H. Con. Res. 156. Concurrent resolution expressing the
sense of the Congress regarding research on the human
papillomavirus and its relation to cervical cancer; to the
Committee on Commerce.
para.36.30 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
211. By the SPEAKER: Memorial of the Senate of the State of
Kansas, relative to amending the Federal Food, Drug and
Cosmetic Act and the Public Health Service Act to facilitate
the development and approval of new drugs and biologics; to
the Committee on Commerce.
212. Also, memorial of the Senate of the Commonwealth of
Kentucky, relative to recognizing the injustices of human
rights in Guatemala; to the Committee on Government Reform
and Oversight.
213. Also, memorial of the Legislature of the State of
California, relative to forced labor; to the Committee on the
Judiciary.
para.36.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 528: Mr. Ehlers.
H.R. 573: Mr. Frank of Massachusetts.
H.R. 820: Mr. Flake, Mr. Graham, Mr. Sisisky, Mr. Stenholm,
Mr. Ackerman, Mr. Schumer, Ms. Lofgren, Ms. Pryce, Mr. Shays,
and Mr. Serrano.
H.R. 940: Mr. Bryant of Texas.
H.R. 957: Mr. LaTourette.
H.R. 1023: Mr. Gilchrest, Mr. Chrysler, Mr. Taylor of North
Carolina, Mr. Young of Florida, Mrs. Clayton, Mr. de la
Garza, Mr. Baldacci, Mr. Lucas, and Mr. Myers of Indiana.
H.R. 1127: Mr. Pomeroy.
H.R. 1363: Mr. Ballenger, Mr. Bass, Mr. Burr, Mr. Chrysler,
Mrs. Chenoweth, Mr. Cremeans, Mr. Tiahrt, Mr. Weldon of
Florida, Mr. McIntosh, and Mr. Jones.
H.R. 1386: Mr. Barcia of Michigan, Mr. Clement, and Mr.
Stenholm.
H.R. 1406: Mr. Abercrombie, Mr. Martini, and Mr.
Thornberry.
H.R. 1462: Mr. Baldacci, Mr. Frost, Ms. Molinari, Mr.
Frazer, Mr. Faleomavaega, Mr. Clay, and Ms. McKinney.
H.R. 1484: Mr. Abercrombie.
H.R. 1496: Mr. Franks of New Jersey.
H.R. 1500: Ms. Harman.
H.R. 1619: Mr. Fields of Texas, Ms. Jackson-Lee, and Mr.
Stockman.
H.R. 1776: Mr. Gingrich, Mr. Campbell, Mr. Berman, Mr.
Kennedy of Rhode Island, and Mr. Deutsch.
H.R. 1802: Mr. Quinn.
H.R. 1810: Mr. Martini.
H.R. 1863: Mr. Bryant of Texas and Mr. Andrews.
H.R. 1883: Mr. Zimmer.
H.R. 2003: Mr. Filner.
H.R. 2011: Mr. Wynn.
H.R. 2019: Ms. Woolsey and Mr. Sanders.
H.R. 2071: Ms. Jackson-Lee.
H.R. 2270: Mr. Cox.
H.R. 2337: Mr. Cramer.
H.R. 2510: Mr. Martini.
H.R. 2579: Mr. Gibbons.
H.R. 2618: Mr. Bilbray.
H.R. 2745: Mr. Manton, Mr. Foglietta, and Mr. Rush.
H.R. 2856: Mr. Martini and Mr. McNulty.
H.R. 2893: Mr. Reed and Mr. Roberts.
H.R. 2925: Mr. Stenholm and Mr. Volkmer.
H.R. 2927: Mr. Weldon of Pennsylvania, Mr. Moorhead and Mr.
Lewis of California.
H.R. 2935: Mr. Cooley and Mr. Tate.
H.R. 2974: Mr. Fox.
H.R. 2976: Mr. Baldacci, Mr. Calvert, Mr. Chambliss, Mr.
Crapo, Mr. Deutsch, Mr. Duncan, Ms. McKinney, Ms. Molinari,
and Ms. Rivers.
H.R. 2994: Mr. McCollum, Mr. Gunderson, and Mr. Brown of
California.
H.R. 3002: Mr. Ehlers.
H.R. 3004: Mr. Peterson of Minnesota, Mr. Ney, Mr. Deutsch,
Mr. Bilbray, Mr. Gillmor, and Mr. Ehlers.
H.R. 3012: Mr. Hefley, Mr. Dellums, Mr. Smith of New
Jersey, Mr. Barcia of Michigan, Mrs. Mink of Hawaii, Mr.
Frazer, Mr. Frank of Massachusetts, Mr. Manton, and Mr.
Matsui.
H.R. 3045: Mr. Rahall.
H.R. 3048: Mr. Castle, Mr. Cunningham, and Mr. Wamp.
H.R. 3050: Mr. Barcia of Michigan and Ms. Kaptur.
H.R. 3059: Mr. Barrett of Wisconsin, Mr. Foglietta, Mr.
Frazer, Mr. Frost, Mr. Jefferson, Mr. Kleczka, Mr. Lipinski,
Ms. Lofgren, Ms. McKinney, Mr. Miller of California, Ms.
Rivers, Mr. Thompson, Mr. Waxman.
H.R. 3114: Mr. Neal of Massachusetts, Mrs. Johnson of
Connecticut, and Mr. Funderburk.
H.R. 3118: Mr. Ackerman, Mr. Gene Green of Texas, and Mr.
Cramer.
H.R. 3130: Mr. Gene Green of Texas.
H.R. 3142: Mr. Ensign, Mrs. Lowey, Mr. Gonzalez, Mr.
Calvert, Mr. Hayes, Mr. Saxton, Mr. Montgomery, Mrs. Kelly,
Mr. Abercrombie, Mr. Frost, Mr. Forbes, Mr. Clinger, Mr.
Talent, Mr. Canady, Mr. Metcalf, Mr. Bryant of Texas, and Mr.
Hunter.
H.R. 3149: Mr. Hancock.
H.J. Res. 97: Mr. Wise.
H.J. Res. 159: Mr. Whitfield, Mr. Bilbray, and Mr. Rose.
H. Con. Res. 47: Mr. Conyers, Mr. de la Garza, Mr.
Hilliard, Mr. Ney, Mr. Sabo, and Ms. Velazquez.
H. Con. Res. 144: Mr. Torkildsen.
H. Res. 49: Mr. Thompson and Mrs. Meek of Florida.
H. Res. 348: Mr. McCollum and Mr. Goodling.
H. Res. 374: Mr. Camp, Mr. Frelinghuysen, Mr. Coble, Mr.
Hunter, Mr. Porter, Mr. Martini, Mrs. Cubin, Mr. Nethercutt,
Mr. Calvert, Mr. Ehrlich, Mr. Hancock, Mr. NcNulty, Ms.
Woolsey, Mr. Gene Green of Texas, Mr. Weldon of Pennsylvania,
Mr. Traficant, and Mr. Yates.
H. Res. 378: Mrs. Meyers of Kansas, Mr. English of
Pennsylvania, Mr. Bateman, Mr. Wolf, Ms. Norton, Mr. Dellums,
Mr. Calvert, Mr. Berman, and Ms. Pelosi.
para.36.32 petitions, etc.
Under clause 1 of rule XXII,
69. The SPEAKER presented a petition of the Transportation
Policy Board of the Abilene Metropolitan Planning
Organization, Abilene, TX, relative to the issues of
appropriate taxation and adequate provision of transportation
infrastructure; which was referred jointly, to the Committees
on Transportation and Infrastructure and the Budget.
.
THURSDAY, MARCH 28, 1996 (37)
The House was called to order by the SPEAKER.
[[Page 584]]
para.37.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, March 27, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.37.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2311. A letter from the Secretary of Defense, transmitting
the Department's report entitled ``Annual Report to the
President and the Congress, March 1996,'' pursuant to 10
U.S.C. 113 (c) and (e); to the Committee on National
Security.
2312. A letter from the Comptroller General of the United
States, transmitting the list of all reports issued or
released in February 1996, pursuant to 31 U.S.C. 719(h); to
the Committee on Government Reform and Oversight.
2313. A letter from the Executive Director, District of
Columbia Financial Responsibility and Management Assistance
Authority, transmitting a report entitled ``Report on the
Mayor's District of Columbia FY 1997 Budget and Multiyear
Plan'' adopted by the District of Columbia Financial
Responsibility and Management Assistance Authority on March
21, 1996, pursuant to section 202(d) of Public Law 104-8; to
the Committee on Government Reform and Oversight.
2314. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2315. A letter from the Commissioner, Social Security
Administration, transmitting a report of activities under the
Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
para.37.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agreed to the following resolution:
S. Res. 234
Whereas, the Senate fondly remembers former Secretary of
State, former Governor of Maine, and former Senator from
Maine, Edmund S. Muskie;
Whereas, Edmund S. Muskie spent six years in the Maine
House of Representatives, becoming minority leader;
Whereas, in 1954, voters made Edmund S. Muskie the State's
first Democratic Governor in 20 years;
Whereas, after a second two-year term, he went on in 1958
to become the first popularly elected Democratic Senator in
Maine's history;
Whereas, Edmund S. Muskie in 1968, was chosen as Democratic
Vice-Presidential nominee;
Whereas, Edmund S. Muskie left the Senate to become
President Carter's Secretary of State; and
Whereas, Edmund S. Muskie served with honor and distinction
in each of these capacities: Now, therefore, be it
Resolved, That the Senate has heard with profound sorrow
and deep regret the announcement of the death of the
Honorable Edmund S. Muskie, formerly a Senator from the State
of Maine.
Resolved, That the Secretary communicate these resolutions
to the House of Representatives and transmit an enrolled copy
thereof to the family of the deceased.
Resolved, That when the Senate adjourns today, it adjourn
as a further mark of respect to the memory of the deceased
Senator.
The message also announced that the Senate had passed without
amendment concurrent resolutions of the House of the following titles:
H. Con. Res. 146. Concurrent resolution authorizing the
1996 Special Olympics Torch Relay to be run through the
Capitol Grounds; and
H. Con. Res. 147. Concurrent resolution authorizing the use
of the Capitol grounds for the fifteenth annual National
Peace Officers' Memorial Service.
The message also announced that the Senate agrees to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendments of the House to the bill (S. 4) ``An act to grant the
power to the President to reduce budget authority.''
The message also announced that the Senate had passed a concurrent
resolution of the following title, in which the concurrence of the
House is requested:
S. Con. Res. 49. Concurrent resolution providing for
certain corrections to be made in the enrollment of the bill
(H.R. 2854) to modify the operation of certain agricultural
programs.
para.37.4 committees to sit
On motion of Mr. SOLOMON, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Commerce, the Committee on Economic and
Educational Opportunities, the Committee on Government Reform and
Oversight, the Committee on International Relations, the Committee on
the Judiciary, the Committee on National Security, the Committee on
Resources, the Committee on Science, the Committee on Transportation and
Infrastructure, and the Permanent Select Committee on Intelligence.
para.37.5 providing for the consideration of h.r. 3161
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 391):
Resolved, That upon the adoption of this resolution it
shall be in order without intervention of any point of order
(except those arising under section 425(a) of the
Congressional Budget Act of 1974) to consider in the House
the bill (H.R. 3136) to provide for the enactment of the
Senior Citizens' Right to Work Act of 1996, the Line Item
Veto Act, and the Small Business Growth and Fairness Act of
1996, and to provide for a permanent increase in the public
debt limit. The amendments specified in the report of the
Committee on Rules accompanying this resolution shall be
considered as adopted. The previous question shall be
considered as ordered on the bill, as amended, and on any
further amendment thereto to final passage without
intervening motion except: (1) one hour of debate on the
bill, as amended, equally divided and controlled by the
chairman and ranking minority member of the Committee on Ways
and Means; (2) a further amendment, if offered by the
chairman of the Committee on Ways and Means, which shall be
in order without intervention of any point of order (except
those arising under section 425(a) of the Congressional
Budget Act of 1974) or demand for division of the question,
shall be considered as read, and shall be separately
debatable for 10 minutes equally divided and controlled by
the proponent and an opponent; and (3) one motion to
recommit, which may include instructions only if offered by
the Minority Leader or his designee.
Sec. 2. If, before March 30, 1996, the House has received a
message informing it that the Senate has adopted the
conference report to accompany the bill (S. 4) to grant the
power to the President to reduce budget authority, and for
other purposes, then--
(a) in the engrossment of H.R. 3136 the Clerk shall strike
title II (unless it has been amended) and redesignate the
subsequent titles accordingly; and
(b) the House shall be considered to have adopted that
conference report.
When said resolution was considered.
Mr. SOLOMON, by unanimous consent, submitted the following amendment
which was agreed to:
Page 2, line 9, strike ``one hour'' and all that follows
through ``Means`` on line 12, and insert in lieu thereof the
following:
``80 minutes of debate on the bill, as amended, with 60
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Mean and
20 minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Government Reform
and Oversight or their designees.''.
After debate,
Mr. SOLOMON moved the previous question on the resolution, as amended,
to its adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
232
When there appeared
<3-line {>
Nays
180
para.37.6 [Roll No. 97]
YEAS--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
[[Page 585]]
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--180
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Blute
Borski
Bryant (TX)
Chapman
Collins (IL)
Fields (LA)
Filner
Forbes
Fowler
Gutierrez
Jefferson
Kaptur
Kennedy (RI)
Lazio
Nethercutt
Sisisky
Smith (WA)
Stokes
Weldon (PA)
So the previous question on the resolution, as amended, was ordered.
The question being put, viva voce,
Will the House agree to said resolution, as amended?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. BEILENSON demanded a recorded vote on agreeing to said resolution,
as amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
177
para.37.7 [Roll No. 98]
AYES--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--177
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Bonior
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Clay
Clayton
Clyburn
Coburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennelly
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--22
Blute
Borski
Bryant (TX)
Chapman
Collins (IL)
Dickey
Fields (LA)
Filner
Fowler
Gejdenson
Gutierrez
Hayes
Kaptur
Kennedy (RI)
Lazio
Longley
[[Page 586]]
Nethercutt
Roth
Smith (WA)
Stokes
Tauzin
Weldon (PA)
So the resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said resolution, as amended,
was agreed to was, by unanimous consent, laid on the table.
Pursuant to section 2 of House Resolution 391, the conference report
on the bill of the Senate (S. 4) to grant the power to the President to
reduce budget authority was considered as adopted by the House.
para.37.8 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.37.9 debt limit extension
Mr. ARCHER, pursuant to House Resolution 391, called up the bill (H.R.
3136) to provide for enactment of the Senior Citizens' Right to Work Act
of 1996, the Line Item Veto Act, and the Small Business Growth and
Fairness Act of 1996, and to provide for a permanent increase in the
public debt limit.
When said bill was considered and read twice.
Pursuant to House Resolution 391, the following amendments specified
in House Report 104-500 were considered as adopted:
Strike title III and insert the following:
TITLE III--SMALL BUSINESS REGULATORY FAIRNESS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Small Business Regulatory
Enforcement Fairness Act of 1996''.
SEC. 302. FINDINGS.
Congress finds that--
(1) a vibrant and growing small business sector is critical
to creating jobs in a dynamic economy;
(2) small businesses bear a disproportionate share of
regulatory costs and burdens;
(3) fundamental changes that are needed in the regulatory
and enforcement culture of Federal agencies to make agencies
more responsive to small business can be made without
compromising the statutory missions of the agencies;
(4) three of the top recommendations of the 1995 White
House Conference on Small Business involve reforms to the way
government regulations are developed and enforced, and
reductions in government paperwork requirements;
(5) the requirements of chapter 6 of title 5, United States
Code, have too often been ignored by government agencies,
resulting in greater regulatory burdens on small entities
than necessitated by statute; and
(6) small entities should be given the opportunity to seek
judicial review of agency actions required by chapter 6 of
title 5, United States Code.
SEC. 303. PURPOSES.
The purposes of this title are--
(1) to implement certain recommendations of the 1995 White
House Conference on Small Business regarding the development
and enforcement of Federal regulations;
(2) to provide for judicial review of chapter 6 of title 5,
United States Code;
(3) to encourage the effective participation of small
businesses in the Federal regulatory process;
(4) to simplify the language of Federal regulations
affecting small businesses;
(5) to develop more accessible sources of information on
regulatory and reporting requirements for small businesses;
(6) to create a more cooperative regulatory environment
among agencies and small businesses that is less punitive and
more solution-oriented; and
(7) to make Federal regulators more accountable for their
enforcement actions by providing small entities with a
meaningful opportunity for redress of excessive enforcement
activities.
Subtitle A--Regulatory Compliance Simplification
SECTION 311. DEFINITIONS.
For purposes of this subtitle--
(1) the terms ``rule'' and ``small entity'' have the same
meanings as in section 601 of title 5, United States Code;
(2) the term ``agency'' has the same meaning as in section
551 of title 5, United States Code; and
(3) the term ``small entity compliance guide'' means a
document designated as such by an agency.
SEC. 312. COMPLIANCE GUIDES.
(a) Compliance Guide.--For each rule or group of related
rules for which an agency is required to prepare a final
regulatory flexibility analysis under section 604 of title 5,
United States Code, the agency shall publish one or more
guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity
compliance guides''. The guides shall explain the actions a
small entity is required to take to comply with a rule or
group of rules. The agency shall, in its sole discretion,
taking into account the subject matter of the rule and the
language of relevant statutes, ensure that the guide is
written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly
affected small entities, and may cooperate with associations
of small entities to develop and distribute such guides.
(b) Comprehensive Source of Information.--Agencies shall
cooperate to make available to small entities through
comprehensive sources of information, the small entity
compliance guides and all other available information on
statutory and regulatory requirements affecting small
entities.
(c) Limitation on Judicial Review.--An agency's small
entity compliance guide shall not be subject to judicial
review, except that in any civil or administrative action
against a small entity for a violation occurring after the
effective date of this section, the content of the small
entity compliance guide may be considered as evidence of the
reasonableness or appropriateness of any proposed fines,
penalties or damages.
SEC. 313. INFORMAL SMALL ENTITY GUIDANCE.
(a) General.--Whenever appropriate in the interest of
administering statutes and regulations within the
jurisdiction of an agency which regulates small entities, it
shall be the practice of the agency to answer inquiries by
small entities concerning information on, and advice about,
compliance with such statutes and regulations, interpreting
and applying the law to specific sets of facts supplied by
the small entity. In any civil or administrative action
against a small entity, guidance given by an agency applying
the law to facts provided by the small entity may be
considered as evidence of the reasonableness or
appropriateness of any proposed fines, penalties or damages
sought against such small entity.
(b) Program.--Each agency regulating the activities of
small entities shall establish a program for responding to
such inquiries no later than 1 year after enactment of this
section, utilizing existing functions and personnel of the
agency to the extent practicable.
(c) Reporting.--Each agency regulating the activities of
small business shall report to the Committee on Small
Business and Committee on Governmental Affairs of the Senate
and the Committee on Small Business and Committee on the
Judiciary of the House of Representatives no later than 2
years after the date of the enactment of this section on the
scope of the agency's program, the number of small entities
using the program, and the achievements of the program to
assist small entity compliance with agency regulations.
SEC. 314. SERVICES OF SMALL BUSINESS DEVELOPMENT CENTERS.
(a) Section 21(c)(3) of the Small Business Act (15 U.S.C.
648(c)(3)) is amended--
(1) in subparagraph (O), by striking ``and'' at the end;
(2) in subparagraph (P), by striking the period at the end
and inserting a semicolon; and
(3) by inserting after subparagraph (P) the following new
subparagraphs:
``(Q) providing information to small business concerns
regarding compliance with regulatory requirements; and
``(R) developing informational publications, establishing
resource centers of reference materials, and distributing
compliance guides published under section 312(a) of the Small
Business Regulatory Enforcement Fairness Act of 1996.''.
(b) Nothing in this Act in any way affects or limits the
ability of other technical assistance or extension programs
to perform or continue to perform services related to
compliance assistance.
SEC. 315. COOPERATION ON GUIDANCE.
Agencies may, to the extent resources are available and
where appropriate, in cooperation with the states, develop
guides that fully integrate requirements of both Federal and
state regulations where regulations within an agency's area
of interest at the Federal and state levels impact small
entities. Where regulations vary among the states, separate
guides may be created for separate states in cooperation with
State agencies.
SEC. 316. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect on the expiration of 90 days after the date
of enactment of this subtitle.
Subtitle B--Regulatory Enforcement Reforms
SECTION 321. DEFINITIONS.
For purposes of this subtitle--
(1) the terms ``rule'' and ``small entity'' have the same
meanings as in section 601 of title 5, United States Code;
(2) the term ``agency'' has the same meaning as in section
551 of title 5, United States Code; and
(3) the term ``small entity compliance guide'' means a
document designated as such by an agency.
SEC. 322. SMALL BUSINESS AND AGRICULTURE ENFORCEMENT
OMBUDSMAN.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 30 as section 31; and
(2) by inserting after section 29 the following new
section:
``SEC. 30. OVERSIGHT OF REGULATORY ENFORCEMENT.
``(a) Definitions.--For purposes of this section, the
term--
``(1) ``Board'' means a Regional Small Business Regulatory
Fairness Board established under subsection (c); and
``(2) ``Ombudsman'' means the Small Business and
Agriculture Regulatory Enforce
[[Page 587]]
ment Ombudsman designated under subsection (b).
``(b) SBA Enforcement Ombudsman.--
``(1) Not later than 180 days after the date of enactment
of this section, the Administrator shall designate a Small
Business and Agriculture Regulatory Enforcement Ombudsman,
who shall report directly to the Administrator, utilizing
personnel of the Small Business Administration to the extent
practicable. Other agencies shall assist the Ombudsman and
take actions as necessary to ensure compliance with the
requirements of this section. Nothing in this section is
intended to replace or diminish the activities of any
Ombudsman or similar office in any other agency.
``(2) The Ombudsman shall--
``(A) work with each agency with regulatory authority over
small businesses to ensure that small business concerns that
receive or are subject to an audit, on-site inspection,
compliance assistance effort, or other enforcement related
communication or contact by agency personnel are provided
with a means to comment on the enforcement activity conducted
by such personnel;
``(B) establish means to receive comments from small
business concerns regarding actions by agency employees
conducting compliance or enforcement activities with respect
to the small business concern, means to refer comments to the
Inspector General of the affected agency in the appropriate
circumstances, and otherwise seek to maintain the identity of
the person and small business concern making such comments on
a confidential basis to the same extent as employee
identities are protected under section 7 of the Inspector
General Act of 1978 (5 U.S.C.App.);
``(C) based on substantiated comments received from small
business concerns and the Boards, annually report to Congress
and affected agencies evaluating the enforcement activities
of agency personnel including a rating of the responsiveness
to small business of the various regional and program offices
of each agency;
``(D) coordinate and report annually on the activities,
findings and recommendations of the Boards to the
Administrator and to the heads of affected agencies; and
``(E) provide the affected agency with an opportunity to
comment on draft reports prepared under subparagraph (C), and
include a section of the final report in which the affected
agency may make such comments as are not addressed by the
Ombudsman in revisions to the draft.
``(c) Regional Small Business Regulatory Fairness Boards.--
``(1) Not later than 180 days after the date of enactment
of this section, the Administrator shall establish a Small
Business Regulatory Fairness Board in each regional office of
the Small Business Administration.
``(2) Each Board established under paragraph (1) shall--
``(A) meet at least annually to advise the Ombudsman on
matters of concern to small businesses relating to the
enforcement activities of agencies;
``(B) report to the Ombudsman on substantiated instances of
excessive enforcement actions of agencies against small
business concerns including any findings or recommendations
of the Board as to agency enforcement policy or practice; and
``(C) prior to publication, provide comment on the annual
report of the Ombudsman prepared under subsection (b).
``(3) Each Board shall consist of five members, who are
owners, operators, or officers of small business concerns,
appointed by the Administrator, after receiving the
recommendations of the chair and ranking minority member of
the Committees on Small Business of the House of
Representatives and the Senate. Not more than three of the
Board members shall be of the same political party. No member
shall be an officer or employee of the Federal Government, in
either the executive branch or the Congress.
``(4) Members of the Board shall serve at the pleasure of
the Administrator for terms of three years or less.
``(5) The Administrator shall select a chair from among the
members of the Board who shall serve at the pleasure of the
Administrator for not more than 1 year as chair.
``(6) A majority of the members of the Board shall
constitute a quorum for the conduct of business, but a lesser
number may hold hearings.
``(d) Powers of the Boards.
``(1) The Board may hold such hearings and collect such
information as appropriate for carrying out this section.
``(2) The Board may use the United States mails in the same
manner and under the same conditions as other departments and
agencies of the Federal Government.
``(3) The Board may accept donations of services necessary
to conduct its business, provided that the donations and
their sources are disclosed by the Board.
``(4) Members of the Board shall serve without
compensation, provided that, members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Board.''.
SEC. 323. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS.
(a) In General.--Each agency regulating the activities of
small entities shall establish a policy or program within 1
year of enactment of this section to provide for the
reduction, and under appropriate circumstances for the
waiver, of civil penalties for violations of a statutory or
regulatory requirement by a small entity. Under appropriate
circumstances, an agency may consider ability to pay in
determining penalty assessments on small entities.
(b) Conditions and Exclusions.--Subject to the requirements
or limitations of other statutes, policies or programs
established under this section shall contain conditions or
exclusions which may include, but shall not be limited to--
(1) requiring the small entity to correct the violation
within a reasonable correction period;
(2) limiting the applicability to violations discovered
through participation by the small entity in a compliance
assistance or audit program operated or supported by the
agency or a state;
(3) excluding small entities that have been subject to
multiple enforcement actions by the agency;
(4) excluding violations involving willful or criminal
conduct;
(5) excluding violations that pose serious health, safety
or environmental threats; and
(6) requiring a good faith effort to comply with the law.
(c) Reporting.--Agencies shall report to the Committee on
Small Business and Committee on Governmental Affairs of the
Senate and the Committee on Small Business and Committee on
Judiciary of the House of Representatives no later than 2
years after the date of enactment of this section on the
scope of their program or policy, the number of enforcement
actions against small entities that qualified or failed to
qualify for the program or policy, and the total amount of
penalty reductions and waivers.
SEC. 324. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect on the expiration of 90 days after the date
of enactment of this subtitle.
Subtitle C--Equal Access to Justice Act Amendments
SECTION 331. ADMINISTRATIVE PROCEEDINGS.
(a) Section 504(a) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(4) If, in an adversary adjudication arising from an
agency action to enforce a party's compliance with a
statutory or regulatory requirement, the demand by the agency
is substantially in excess of the decision of the
adjudicative officer and is unreasonable when compared with
such decision, under the facts and circumstances of the case,
the adjudicative officer shall award to the party the fees
and other expenses related to defending against the excessive
demand, unless the party has committed a willful violation of
law or otherwise acted in bad faith, or special circumstances
make an award unjust. Fees and expenses awarded under this
paragraph shall be paid only as a consequence of
appropriations provided in advance.''.
(b) Section 504(b) of title 5, United States Code, is
amended--
(1) in paragraph (1)(A), by striking ``$75'' and inserting
'`$125'';
(2) at the end of paragraph (1)(B), by inserting before the
semicolon ``or for purposes of subsection (a)(4), a small
entity as defined in section 601'';
(3) at the end of paragraph (1)(D), by striking ``and'';
(4) at the end of paragraph (1)(E), by striking the period
and inserting ``; and''; and
(5) at the end of paragraph (1), by adding the following
new subparagraph:
``(F) `demand' means the express demand of the agency which
led to the adversary adjudication, but does not include a
recitation by the agency of the maximum statutory penalty (i)
in the administrative complaint, or (ii) elsewhere when
accompanied by an express demand for a lesser amount.''.
SEC. 332. JUDICIAL PROCEEDINGS.
(a) Section 2412(d)(1) of title 28, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) If, in a civil action brought by the United States or
a proceeding for judicial review of an adversary adjudication
described in section 504(a)(4) of title 5, the demand by the
United States is substantially in excess of the judgment
finally obtained by the United States and is unreasonable
when compared with such judgment, under the facts and
circumstances of the case, the court shall award to the party
the fees and other expenses related to defending against the
excessive demand, unless the party has committed a willful
violation of law or otherwise acted in bad faith, or special
circumstances make an award unjust. Fees and expenses awarded
under this subparagraph shall be paid only as a consequence
of appropriations provided in advance.''.
(b) Section 2412(d) of title 28, United States Code, is
amended--
(1) in paragraph (2)(A), by striking ``$75'' and inserting
``$125'';
(2) at the end of paragraph (2)(B), by inserting before the
semicolon ``or for purposes of subsection (d)(1)(D), a small
entity as defined in section 601 of title 5'';
(3) at the end of paragraph (2)(G), by striking ``and'';
(4) at the end of paragraph (2)(H), by striking the period
and inserting ``; and''; and
(5) at the end of paragraph (2), by adding the following
new subparagraph:
``(I) `demand' means the express demand of the United
States which led to the adversary adjudication, but shall not
include a recitation of the maximum statutory penalty (i) in
the complaint, or (ii) elsewhere when accompanied by an
express demand for a lesser amount.''.
[[Page 588]]
SEC. 333. EFFECTIVE DATE.
The amendments made by sections 331 and 332 shall apply to
civil actions and adversary adjudications commenced on or
after the date of the enactment of this subtitle.
Subtitle D--Regulatory Flexibility Act Amendments
SEC. 341. REGULATORY FLEXIBILITY ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--
(1) Section 603.--Section 603(a) of title 5, United States
Code, is amended--
(A) by inserting after ``proposed rule'', the phrase ``, or
publishes a notice of proposed rulemaking for an
interpretative rule involving the internal revenue laws of
the United States''; and
(B) by inserting at the end of the subsection, the
following new sentence: ``In the case of an interpretative
rule involving the internal revenue laws of the United
States, this chapter applies to interpretative rules
published in the Federal Register for codification in the
Code of Federal Regulations, but only to the extent that such
interpretative rules impose on small entities a collection of
information requirement.''.
(2) Section 601.--Section 601 of title 5, United States
Code, is amended by striking ``and'' at the end of paragraph
(5), by striking the period at the end of paragraph (6) and
inserting ``; and'', and by adding at the end the following:
``(7) the term `collection of information'--
``(A) means the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or
the public, of facts or opinions by or for an agency,
regardless of form or format, calling for either--
``(i) answers to identical questions posed to, or identical
reporting or recordkeeping requirements imposed on, 10 or
more persons, other than agencies, instrumentalities, or
employees of the United States; or
``(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States which
are to be used for general statistical purposes; and
``(B) shall not include a collection of information
described under section 3518(c)(1) of title 44, United States
Code.
``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' means a requirement imposed by an agency on
persons to maintain specified records.
(b) Final Regulatory Flexibility Analysis.--Section 604 of
title 5, United States Code, is amended--
(1) in subsection (a) to read as follows:
``(a) When an agency promulgates a final rule under section
553 of this title, after being required by that section or
any other law to publish a general notice of proposed
rulemaking, or promulgates a final interpretative rule
involving the internal revenue laws of the United States as
described in section 603(a), the agency shall prepare a final
regulatory flexibility analysis. Each final regulatory
flexibility analysis shall contain--
``(1) a succinct statement of the need for, and objectives
of, the rule;
``(2) a summary of the significant issues raised by the
public comments in response to the initial regulatory
flexibility analysis, a summary of the assessment of the
agency of such issues, and a statement of any changes made in
the proposed rule as a result of such comments;
``(3) a description of and an estimate of the number of
small entities to which the rule will apply or an explanation
of why no such estimate is available;
``(4) a description of the projected reporting, record
keeping and other compliance requirements of the rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of
professional skills necessary for preparation of the report
or record; and
``(5) a description of the steps the agency has taken to
minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes,
including a statement of the factual, policy, and legal
reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives
to the rule considered by the agency which affect the impact
on small entities was rejected.''; and
(2) in subsection (b), by striking ``at the time'' and all
that follows and inserting ``such analysis or a summary
thereof.''.
SEC. 342. JUDICIAL REVIEW.
Section 611 of title 5, United States Code, is amended to
read as follows:
``Sec. 611. Judicial review
``(a)(1) For any rule subject to this chapter, a small
entity that is adversely affected or aggrieved by final
agency action is entitled to judicial review of agency
compliance with the requirements of sections 601, 604,
605(b), 608(b), and 610 in accordance with chapter 7. Agency
compliance with sections 607 and 609(a) shall be judicially
reviewable in connection with judicial review of section 604.
``(2) Each court having jurisdiction to review such rule
for compliance with section 553, or under any other provision
of law, shall have jurisdiction to review any claims of
noncompliance with sections 601, 604, 605(b), 608(b), and 610
in accordance with chapter 7. Agency compliance with sections
607 and 609(a) shall be judicially reviewable in connection
with judicial review of section 604.
``(3)(A) A small entity may seek such review during the
period beginning on the date of final agency action and
ending one year later, except that where a provision of law
requires that an action challenging a final agency action be
commenced before the expiration of one year, such lesser
period shall apply to an action for judicial review under
this section.
``(B) In the case where an agency delays the issuance of a
final regulatory flexibility analysis pursuant to section
608(b) of this chapter, an action for judicial review under
this section shall be filed not later than--
``(i) one year after the date the analysis is made
available to the public, or
``(ii) where a provision of law requires that an action
challenging a final agency regulation be commenced before the
expiration of the 1-year period, the number of days specified
in such provision of law that is after the date the analysis
is made available to the public.
``(4) In granting any relief in an action under this
section, the court shall order the agency to take corrective
action consistent with this chapter and chapter 7, including,
but not limited to--
``(A) remanding the rule to the agency, and
``(B) deferring the enforcement of the rule against small
entities unless the court finds that continued enforcement of
the rule is in the public interest.
``(5) Nothing in this subsection shall be construed to
limit the authority of any court to stay the effective date
of any rule or provision thereof under any other provision of
law or to grant any other relief in addition to the
requirements of this section.
``(b) In an action for the judicial review of a rule, the
regulatory flexibility analysis for such rule, including an
analysis prepared or corrected pursuant to paragraph (a)(4),
shall constitute part of the entire record of agency action
in connection with such review.
``(c) Compliance or noncompliance by an agency with the
provisions of this chapter shall be subject to judicial
review only in accordance with this section.
``(d) Nothing in this section bars judicial review of any
other impact statement or similar analysis required by any
other law if judicial review of such statement or analysis is
otherwise permitted by law.''.
SEC. 343. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 605(b) of title 5, United States Code, is
amended to read as follows:
``(b) Sections 603 and 604 of this title shall not apply to
any proposed or final rule if the head of the agency
certifies that the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities. If the head of the agency makes a certification
under the preceding sentence, the agency shall publish such
certification in the Federal Register at the time of
publication of general notice of proposed rulemaking for the
rule or at the time of publication of the final rule, along
with a statement providing the factual basis for such
certification. The agency shall provide such certification
and statement to the Chief Counsel for Advocacy of the Small
Business Administration.''.
(b) Section 612 of title 5, United States Code is amended--
(1) in subsection (a), by striking ``the committees on the
Judiciary of the Senate and the House of Representatives, the
Select Committee on Small Business of the Senate, and the
Committee on Small Business of the House of Representatives''
and inserting ``the Committees on the Judiciary and Small
Business of the Senate and House of Representatives''.
(2) in subsection (b), by striking ``his views with respect
to the'' and inserting in lieu thereof, ``his or her views
with respect to compliance with this chapter, the adequacy of
the rulemaking record with respect to small entities and
the''.
SEC. 344. SMALL BUSINESS ADVOCACY REVIEW PANELS.
(a) Small Business Outreach and Interagency Coordination.--
Section 609 of title 5, United States Code is amended--
(1) before ``techniques,'' by inserting ``the reasonable
use of'';
(2) in paragraph (4), after ``entities'' by inserting
``including soliciting and receiving comments over computer
networks'';
(3) by designating the current text as subsection (a); and
(4) by adding the following:
``(b) Prior to publication of an initial regulatory
flexibility analysis which a covered agency is required to
conduct by this chapter--
``(1) a covered agency shall notify the Chief Counsel for
Advocacy of the Small Business Administration and provide the
Chief Counsel with information on the potential impacts of
the proposed rule on small entities and the type of small
entities that might be affected;
``(2) not later than 15 days after the date of receipt of
the materials described in paragraph (1), the Chief Counsel
shall identify individuals representative of affected small
entities for the purpose of obtaining advice and
recommendations from those individuals about the potential
impacts of the proposed rule;
``(3) the agency shall convene a review panel for such rule
consisting wholly of full time Federal employees of the
office within the agency responsible for carrying out the
proposed rule, the Office of Information and Regulatory
Affairs within the Office of Management and Budget, and the
Chief Counsel;
``(4) the panel shall review any material the agency has
prepared in connection with this chapter, including any draft
proposed rule, collect advice and recommendations of each
individual small entity representative identified by the
agency after consultation
[[Page 589]]
with the Chief Counsel, on issues related to subsections
603(b), paragraphs (3), (4) and (5) and 603(c);
``(5) not later than 60 days after the date a covered
agency convenes a review panel pursuant to paragraph (3), the
review panel shall report on the comments of the small entity
representatives and its findings as to issues related to
subsections 603(b), paragraphs (3), (4) and (5) and 603(c),
provided that such report shall be made public as part of the
rulemaking record; and
``(6) where appropriate, the agency shall modify the
proposed rule, the initial regulatory flexibility analysis or
the decision on whether an initial regulatory flexibility
analysis is required.
``(c) An agency may in its discretion apply subsection (b)
to rules that the agency intends to certify under subsection
605(b), but the agency believes may have a greater than de
minimis impact on a substantial number of small entities.
``(d) For purposed of this section, the term covered agency
means the Environmental Protection Agency and the
Occupational Safety and Health Administration of the
Department of Labor.
``(e) The Chief Counsel for Advocacy, in consultation with
the individuals identified in subsection (b)(2), and with the
Administrator of the Office of Information and Regulatory
Affairs within the Office of Management and Budget, may waive
the requirements of subsections (b)(3), (b)(4), and (b)(5) by
including in the rulemaking record a written finding, with
reasons therefor, that those requirements would not advance
the effective participation of small entities in the
rulemaking process. For purposes of this subsection, the
factors to be considered in making such a finding are as
follows:
``(1) In developing a proposed rule, the extent to which
the covered agency consulted with individuals representative
of affected small entities with respect to the potential
impacts of the rule and took such concerns into
consideration.
``(2) Special circumstances requiring prompt issuance of
the rule.
``(3) Whether the requirements of subsection (b) would
provide the individuals identified in subsection (b)(2) with
a competitive advantage relative to other small entities.''.
(b) Small Business Advocacy Chairpersons.--Not later than
30 days after the date of enactment of this Act, the head of
each covered agency that has conducted a final regulatory
flexibility analysis shall designate a small business
advocacy chairperson using existing personnel to the extent
possible, to be responsible for implementing this section and
to act as permanent chair of the agency's review panels
established pursuant to this section.
SEC. 345. EFFECTIVE DATE.
This subtitle shall become effective on the expiration of
90 days after the date of enactment of this subtitle, except
that such amendments shall not apply to interpretative rules
for which a notice of proposed rulemaking was published prior
to the date of enactment.
Subtitle E--Congressional Review
SEC. 351. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Title 5, United States Code, is amended by inserting
immediately after chapter 7 the following new chapter:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional disapproval procedure.
``803. Special rule on statutory, regulatory, and judicial deadlines.
``804. Definitions.
``805. Judicial review.
``806. Applicability; severability.
``807. Exemption for monetary policy.
``808. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule can take effect, the Federal
agency promulgating such rule shall submit to each House of
the Congress and to the Comptroller General a report
containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule,
including whether it is a major rule; and
``(iii) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available to
each House of Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any;
``(ii) the agency's actions relevant to sections 603, 604,
605, 607, and 609;
``(iii) the agency's actions relevant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive Orders.
``(C) Upon receipt of a report submitted under subparagraph
(A), each House shall provide copies of the report to the
Chairman and Ranking Member of each standing committee with
jurisdiction under the rules of the House of Representatives
or the Senate to report a bill to amend the provision of law
under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction in each
House of the Congress by the end of 15 calendar days after
the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall
include an assessment of the agency's compliance with
procedural steps required by paragraph (1)(B).
``(B) Federal agencies shall cooperate with the Comptroller
General by providing information relevant to the Comptroller
General's report under subparagraph (A).
``(3) A major rule relating to a report submitted under
paragraph (1) shall take effect on the latest of--
``(A) the later of the date occurring 60 days after the
date on which--
``(i) the Congress receives the report submitted under
paragraph (1); or
``(ii) the rule is published in the Federal Register, if so
published;
``(B) if the Congress passes a joint resolution of
disapproval described in section 802 relating to the rule,
and the President signs a veto of such resolution, the
earlier date--
``(i) on which either House of Congress votes and fails to
override the veto of the President; or
``(ii) occurring 30 session days after the date on which
the Congress received the veto and objections of the
President; or
``(C) the date the rule would have otherwise taken effect,
if not for this section (unless a joint resolution of
disapproval under section 802 is enacted).
``(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under
paragraph (1).
``(5) Notwithstanding paragraph (3), the effective date of
a rule shall not be delayed by operation of this chapter
beyond the date on which either House of Congress votes to
reject a joint resolution of disapproval under section 802.
``(b)(1) A rule shall not take effect (or continue), if the
Congress enacts a joint resolution of disapproval, described
under section 802, of the rule.
``(2) A rule that does not take effect (or does not
continue) under paragraph (1) may not be reissued in
substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued,
unless the reissued or new rule is specifically authorized by
a law enacted after the date of the joint resolution
disapproving the original rule.
``(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a rule that would
not take effect by reason of subsection (a)(3) may take
effect, if the President makes a determination under
paragraph (2) and submits written notice of such
determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive Order that the rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802 or the effect of a joint resolution of
disapproval under this section.
``(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
``(A) in the case of the Senate, 60 session days, or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress adjourns a session of Congress
through the date on which the same or succeeding Congress
first convenes its next session, section 802 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying section 802 for purposes of such
additional review, a rule described under paragraph (1) shall
be treated as though--
``(i) such rule were published in the Federal Register (as
a rule that shall take effect) on--
``(I) in the case of the Senate, the 15th session day, or
``(II) in the case of the House of Representatives, the
15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
``(e)(1) For purposes of this subsection, section 802 shall
also apply to any major rule promulgated between March 1,
1996, and the date of the enactment of this chapter.
``(2) In applying section 802 for purposes of Congressional
review, a rule described under paragraph (1) shall be treated
as though--
``(A) such rule were published in the Federal Register on
the date of enactment of this chapter; and
``(B) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
[[Page 590]]
``(3) The effectiveness of a rule described under paragraph
(1) shall be as otherwise provided by law, unless the rule is
made of no force or effect under section 802.
``(f) Any rule that takes effect and later is made of no
force or effect by enactment of a joint resolution under
section 802 shall be treated as though such rule had never
taken effect.
``(g) If the Congress does not enact a joint resolution of
disapproval under section 802 respecting a rule, no court or
agency may infer any intent of the Congress from any action
or inaction of the Congress with regard to such rule, related
statute, or joint resolution of disapproval.
``Sec. 802. Congressional disapproval procedure
``(a) For purposes of this section, the term `joint
resolution' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending 60
days thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress),
the matter after the resolving clause of which is as follows:
`That Congress disapproves the rule submitted by the ____
relating to ____, and such rule shall have no force or
effect.' (The blank spaces being appropriately filled in).
``(b)(1) A joint resolution described in subsection (a)
shall be referred to the committees in each House of Congress
with jurisdiction.
``(2) For purposes of this section, the term `submission or
publication date' means the later of the date on which--
``(A) the Congress receives the report submitted under
section 801(a)(1); or
``(B) the rule is published in the Federal Register, if so
published.
``(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 20 calendar days after the
submission or publication date defined under subsection
(b)(2), such committee may be discharged from further
consideration of such joint resolution upon a petition
supported in writing by 30 Members of the Senate, and such
joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is
discharged (under subsection (c)) from further consideration
of a joint resolution described in subsection (a), it is at
any time thereafter in order (even though a previous motion
to the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution, and all
points of order against the joint resolution (and against
consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a
motion to proceed to the consideration of the joint
resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on
all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing the
joint resolution. A motion further to limit debate is in
order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution
is not in order.
``(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the debate
if requested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
``(e) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress
first convenes.
``(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same as if
no joint resolution had been received from the other House;
but
``(B) the vote on final passage shall be on the joint
resolution of the other House.
``(g) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``Sec. 803. Special rule on statutory, regulatory, and
judicial deadlines
``(a) In the case of any deadline for, relating to, or
involving any rule which does not take effect (or the
effectiveness of which is terminated) because of enactment of
a joint resolution under section 802, that deadline is
extended until the date 1 year after the date of enactment of
the joint resolution. Nothing in this subsection shall be
construed to affect a deadline merely by reason of the
postponement of a rule's effective date under section 801(a).
``(b) The term `deadline' means any date certain for
fulfilling any obligation or exercising any authority
established by or under any Federal statute or regulation, or
by or under any court order implementing any Federal statute
or regulation.
``Sec. 804. Definitions
``For purposes of this chapter--
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term ``major rule'' means any rule that the
Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget finds has
resulted in or is likely to result in--
``(A) an annual effect on the economy of $100,000,000 or
more;
``(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by
that Act.
``(3) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability, including a
rule that approves or prescribes for the future rates, wages,
prices, services, or allowances therefor, corporate or
financial structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices or disclosures
bearing on any of the foregoing;
``(B) any rule relating to agency management or personnel;
or
``(C) any rule of agency organization, procedure, or
practice that does not substantially affect the rights or
obligations of non-agency parties.
``Sec. 805. Judicial review
``No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``Sec. 806. Applicability; severability
``(a) This chapter shall apply notwithstanding any other
provision of law.
``(b) If any provision of this chapter or the application
of any provision of this chapter to any person or
circumstance, is held invalid, the application of such
provision to other persons or circumstances, and the
remainder of this chapter, shall not be affected thereby.
``Sec. 807. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of
Governors of the Federal Reserve System or the Federal Open
Market Committee.
``Sec. 808. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping, or
``(2) any rule which an agency for good cause finds (and
incorporates the finding and a brief statement of reasons
therefor in the rule issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the
public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines.''.
SEC. 352. EFFECTIVE DATE.
The amendment made by section 351 shall take effect on the
date of enactment of this Act.
SEC. 353. TECHNICAL AMENDMENT.
The table of chapters for part I of title 5, United States
Code, is amended by inserting immediately after the item
relating to chapter 7 the following:
``8. Congressional Review of Agency Rulemaking...................801''.
After debate,
Pursuant to House Resolution 391, the previous question on the
amendments and the bill were considered as ordered.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
[[Page 591]]
Mr. BONIOR moved to recommit the bill to the Committee on Ways and
Means with instructions to report the bill back to the House forthwith
with the following amendments:
The amendment made by subsection (a) shall only apply
during periods when the minimum wage under section 6(a)(1) of
the Fair Labor Standards Act is not less than $4.70 an hour
during the year beginning on July 4, 1996 and not less than
$5.15 an hour after July 3, 1997.
Pending consideration of said motion,
para.37.10 point of order
Mr. ARCHER made a point of order that the motion to recommit was not
germane, and said:
``Mr. Speaker, I make, actually, two points of order: a point of order
that the motion to recommit with instructions is not germane to the
bill; and, second, that the motion to recommit with instructions
constitutes an unfunded intergovernmental mandate under section 425 of
the Congressional Budget Act.''.
Mr. BONIOR was recognized to speak to the point of order, and said:
``Mr. Speaker, this bill is very broad in its scope. This bill
provides that the President be given a line-item veto authority. This
bill provides for an increase in the amount Social Security recipients
could earn before their Social Security benefits are reduced. Third, it
allows small businesses to seek judicial review of regulations.
``Mr. Speaker, this bill has to do with taxpayers. There is nothing
more important to taxpayers and citizens in this country than to be able
to have revenues in their pockets. What we are offering and what we are
suggesting under this motion to recommit is that we be given the chance
to vote on the increase in the minimum wage, which has not been raised
for the past 5 years. The minimum wage is a very important part of a
variety of laws in this country that deal with ability of people to make
ends meet.
``The third piece of this bill that was added in the Committee on
Rules allows small business to seek judicial review of regulations. In
that sense, Mr. Speaker, it seems to me that those people who are
affiliated with small business on the employment side ought to have
redress to getting a decent wage in this country. You cannot live and
raise a family on $9,000 a year or less.
``Let me just add another point to my argument, Mr. Speaker, subtitle
C of the bill requires that the Department of Labor certify whether any
of its rules, including rules governing the minimum wage, where a small
business could go to court seeking a stay of the Department of Labor's
rules governing the minimum wage.
``It seems to me that, because of the addition of that subsection and
the broadening of the bill, the minimum wage indeed is in order as a
discussion point in a motion to recommit.
``I would further add, Mr. Speaker, that my recommittal motion is
logically relevant to the bill and establishes a condition that is
logically relevant to subtitle C. Under the House precedent, my motion,
I think, meets this test. If we are meeting the test for seniors, it
seems to me we ought to be meeting the test for those women, primarily,
millions of them raising kids on their own making less than $8,000 a
year. They ought to be given the chance to have this debated and voted
on by the House of Representatives.
``I have difficulty not talking emotionally about this issue because
of what I see in the country. But I will confine my remarks to
subsection C of the bill that requires that the Department of Labor
certify. And I would tell my friend from Texas, the Department of Labor
has to certify whether any of its rules, including rules governing the
minimum wage. And that, it seems to me, is the direct connection in this
bill with the needs of working people in this country who are working
for minimum wage and deserve to have the opportunity to have that wage
increase.''.
Mr. ARCHER was recognized to speak to the point of order, and said:
``Mr. Speaker, I make a point of order that the motion to recommit
with instructions is not germance to the bill.
``Mr. Speaker, the motion to recommit is not germane because it seeks
to introduce material within the jurisdiction of a Committee that is not
dealt with in the bill. That is, the subject of the amendment, the
Minimum Wage, falls within the jurisdiction of the Committee on Economic
and Educational Opportunities, while the subject matter of the bill
falls only within the jurisdiction of the Committees on Ways and Means,
Budget, Rules, Judiciary, Small Business, and Government Reform and
Oversight.
``In addition, the motion to recommit seeks to amend the Fair Labor
Standards Act, which is not amended by the bill.
``Finally, there is the gentleman's argument about rulemaking. The
rulemaking authority under this bill is general and not agency specific.
Therefore, the motion to recommit is not germane to the bill, and it
should be ruled out of order on that basis.''.
Mr. ENGEL was recognized to speak to the point of order, and said:
``Mr. Speaker, it would seem to me, if we are debating this bill on
raising the debt ceiling limit, that something to do with the minimum
wage is about as germane to the debt ceiling limit lifting as the line-
item veto is and as allowing seniors to make more money for Social
Security purposes. I cannot see why one would not be germane and why
these other things are germane. In fact, we should have a clean lifting
of the debt ceiling and then we would not have to worry about
germaneness after all.
``So it would seem to me that we cannot on the one hand attach all
kinds of extraneous things to the lifting of the debt ceiling and then
on the other hand claim that the minimum wage is not at least as
relevant to the lifting of the debt ceiling as the line-item veto and
senior citizens are. I just do not think it is fair if we are going to
talk about playing by fair rules. I think we ought to be fair. While
they may want to stifle free speech on the other side of the aisle, I
think we have a right to ask for equity here.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, overruled the
point of order, and said:
``The Chair is prepared to rule on the point of order raised by the
gentleman from Texas on germaneness. The gentleman from Texas makes a
point of order that the amendment proposed in the motion to recommit
offered by the gentleman from Michigan is not germane to the bill. The
test of germaneness in the case of a motion to recommit with
instructions is a relationship of those instructions to the bill as a
whole.
``The pending bill permanently increases the debt limit. It also
comprehensively addresses several other unrelated programs,
specifically, the Senior Citizens' Right to Work Act, which amends the
Social Security Act, the Line-Item Veto Act, which amends the
Congressional Budget and Impoundment Control Act, and the Small Business
Growth and Fairness Act of 1996, which amends the Regulatory Flexibility
Act and the Small Business Act, and it establishes congressional review
of agency rulemaking.
``The motion does not amend the Fair Labor Standards Act. The motion
does not directly amend the laws that go directly to the jurisdiction of
the Committee on Economic and Educational Opportunities.
``The Chair would cite page 600 of the Manual the following: `An
amendment that conditions the availability of funds covered by a bill by
adopting as a measure of their avilability the monthly increases in the
debt limit may be germane so long as the amendment does not directly
affect other provisions of law or impose unrelated contingencies.'.
``Therefore, the Chair rules that this motion is germane and overrules
that point of order.''.
para.37.11 point of order
Mr. ARCHER made a point of order against the motion to recommit as
violating section 425 of the Congressional Budget Act, and said:
``Mr. Speaker, I make a point of order that the motion to recommit
with instructions constitutes an unfunded intergovernmental mandate
under section 425 of the Congressional Budget Act. Section 425 prohibits
consideration of a measure containing unfunded intergovernmental
mandates whose total unfunded direct cost exceeds $50 million annually.
The precise language in question is the text of the instruction that
amends the Fair Labor Standards Act to increase the minimum wage.
``According to the Congressional Budget Office, an increase in the min
[[Page 592]]
imum wage from $4.25 to $5.15 would exceed the threshold amount under
the rule of $50 million. In fact, CBO estimates that it would impose an
unfunded mandate burden of over $1 billion over 5 years.
``Let me also point out that CBO estimates that this provision would
result in a .5 percent to 2 percent reduction in the employment level of
teenagers and a smaller percentage reduction for young adults. These
would produce employment losses of roughly 100,000 to 500,000 jobs.
``Therefore, I urge the Chair to sustain this point of order, and I
urge my colleagues to vote against consideration of this unfunded
mandate on State and local governments.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
point of order, and said:
``The gentleman from Texas [Mr. Archer] makes a point of order that
the motion violates section 425 of the Congressional Budget Act of 1974.
In accordance with section 426(b)(2) of the Act, the gentleman has met
his threshold burden to identify the specific language of the motion
having that effect. Under section 426(b)(4) of the Act, the gentleman
from Texas Archer] and the gentleman from Michigan [Mr. Bonior] will
each control ten minutes of debate on the point of order. Pursuant to
section 426(b)(3) of the Act, after debate on the point of order the
Chair will put the question of consideration, to wit: `Will the House
now consider the motion?'''.
After debate,
para.37.12 words taken down
Mr. DeLAY during debate addressed the House and, during the course of
his remarks,
Mr. BONIOR demanded that certain words be taken down.
The Clerk read the words taken down as follows:
The gentleman from New York [Mr. Engel], who just spoke
before I did, said in his speech that we owe the American
workers this vote and we owe the American worker to raise the
minimum wage. I submit he got that from the convention that
was just held in this town by the AFL-CIO, who said tht they
would raise over $35 million to take this majority out. That
is what this vote is all about. This group over here on this
side of the aisle has been screaming and yelling for the last
many weeks.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, held the words
taken down to not be unparliamentary, and said:
``The Chair does not believe that anything in those remarks
constitutes any personal reference to any other Member of this body.''.
Mr. BONIOR was recognized to speak to the ruling of the Chair, and
said:
``Mr. Speaker, the Clerk needs to go back farther, because there was
reference and the use of the word `hypocrite', and the Clerk has not
gone back far enough to pick up the word that I objected to. The word
`hypocrisy' was used, excuse me, Mr. Speaker.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
remarks of the gentleman from Michigan [Mr. Bonior], and said:
``The Chair would remind the gentleman that on points such as that,
the point of order from the gentleman making the point of order has to
be timely. The Clerk has gone back several sentences to transcribe what
the gentleman had said, and the gentleman's demand certainly was not
timely in this instance.''.
para.37.13 point of order
Mr. BONIOR made a point of order, and said:
``Mr. Speaker, that dialogue that I am referring to could not have
taken more than 30 seconds, and it seems to me that I was indeed timely
when I rose to my feet as the gentleman was completing his idea, which
included referring to the gentleman from New York [Mr. Engel] with the
term `hypocrisy.'''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
point of order, and said:
``Under the precedents set, those points of order raised by the
gentleman have to be on a timely basis. This is precedent that has been
set in this body for a number of years where there are intervening
remarks that you are alluding to. So the Chair rules that the gentleman
from Texas [Mr. DeLay] may proceed.''.
Mr. BONIOR appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. ARCHER moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. HASTING of Washington, announced that the
yeas had it.
Mr. BONIOR demanded a recorded vote on the motion to lay the appeal on
the table, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
185
para.37.14 [Roll No. 99]
AYES--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--185
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
[[Page 593]]
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--14
Bryant (TX)
Collins (IL)
Fields (LA)
Filner
Fowler
Frost
Hayes
Martinez
McNulty
Smith (WA)
Stokes
Tejeda
Weldon (PA)
Williams
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, recognized the
gentleman from Texas [Mr. DeLAY] to proceed in order.
After further debate,
The question being put, viva voce,
Will the House now consider the motion to recommit with instructions?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the nays appeared to have it.
Mr. BONIOR demanded a recorded vote on the question as to whether the
House should consider the motion to recommit with instructions, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
192
<3-line {>
negative
Nays
228
para.37.15 [Roll No. 100]
AYES--192
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Riggs
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stenholm
Stockman
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--228
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Bryant (TX)
Collins (IL)
Diaz-Balart
Fields (LA)
Filner
Fowler
McNulty
Ros-Lehtinen
Smith (WA)
Stokes
Weldon (PA)
So, the question of consideration of said motion was resolved in the
negative.
Mr. ORTON moved to recommit the bill to the Committee on Ways and
Means with instructions to report the bill back to the House forthwith
with the following amendment:
On page 60, strike lines 5 through 15 and insert the
following:
SEC. 205. EFFECTIVE DATES.
This title and the amendments made by it shall take effect
and apply to measures enacted after the date of its enactment
and shall have no force or effect on or after January 1,
2005.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the nays had it.
Mr. ORTON demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
159
<3-line {>
negative
Nays
256
para.37.16 [Roll No. 101]
YEAS--159
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Cardin
Chapman
Clay
Clement
Clyburn
Coburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Deutsch
Dingell
Doggett
Dooley
Doyle
Durbin
Edwards
Ensign
Eshoo
Farr
Fattah
Fazio
Flake
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Graham
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
LaFalce
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
Meehan
Menendez
Miller (CA)
[[Page 594]]
Minge
Mink
Moakley
Moran
Neal
Neumann
Obey
Olver
Orton
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sawyer
Schroeder
Schumer
Shadegg
Shays
Sisisky
Skaggs
Skelton
Slaughter
Souder
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Thompson
Thornton
Thurman
Torres
Upton
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Waxman
Wilson
Wise
Woolsey
Wynn
Zimmer
NAYS--256
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dellums
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
Engel
English
Evans
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foglietta
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
McKinney
Meek
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Ney
Norwood
Nussle
Oberstar
Ortiz
Oxley
Packard
Parker
Pastor
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Spence
Stark
Stearns
Stockman
Stump
Talent
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Towns
Traficant
Velazquez
Vucanovich
Waldholtz
Walker
Walsh
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wolf
Yates
Young (AK)
Young (FL)
Zeliff
NOT VOTING--16
Bryant (TX)
Collins (IL)
Duncan
Fields (LA)
Filner
Fowler
Lantos
McIntosh
McNulty
Ros-Lehtinen
Smith (WA)
Spratt
Stokes
Tate
Torricelli
Weldon (PA)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HASTINGS of Washington announced that the
yeas had it.
Mr. CLINGER demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
328
<3-line {>
affirmative
Nays
91
para.37.17 [Roll No. 102]
AYES--328
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Collins (GA)
Combest
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Ford
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hefley
Hefner
Heineman
Hilleary
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Meehan
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Royce
Rush
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Upton
Vento
Visclosky
Volkmer
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--91
Abercrombie
Baker (CA)
Barr
Bartlett
Barton
Becerra
Beilenson
Berman
Borski
Bunn
Chenoweth
Clay
Clyburn
Coburn
Coleman
Collins (MI)
Condit
Conyers
Cooley
Crapo
Dellums
Dingell
Doolittle
Evans
Fattah
Forbes
Frank (MA)
Gonzalez
Hastings (FL)
Hayworth
Herger
Hilliard
Hoekstra
Jackson (IL)
Jacobs
Jefferson
Johnston
Kanjorski
Kingston
Klink
LaFalce
Largent
Lewis (CA)
Lofgren
Markey
Martinez
Matsui
McDermott
McKinney
Meek
Metcalf
Mink
Mollohan
Murtha
Myers
Neal
Oberstar
Olver
Owens
Payne (NJ)
Pelosi
Pombo
Rahall
Rangel
Roukema
Roybal-Allard
Sabo
Salmon
Sanders
Sanford
Scarborough
Schroeder
Serrano
Shadegg
Shays
Skaggs
Smith (MI)
Stark
Stockman
Studds
Stump
Taylor (MS)
Thompson
Towns
Traficant
Velazquez
Waters
Watt (NC)
Waxman
White
Yates
NOT VOTING--12
Bryant (TX)
Collins (IL)
Fields (LA)
Filner
Fowler
Lantos
McNulty
Ros-Lehtinen
Smith (WA)
Stokes
Torricelli
Weldon (PA)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 595]]
para.37.18 message from the president--national endowment for the arts
The SPEAKER pro tempore, Mr. KOLBE, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
It is my special pleasure to transmit herewith the Annual Report of
the National Endowment for the Arts for the fiscal year 1994.
Over the course of its history, the National Endowment for the Arts
has awarded grants for arts projects that reach into every community in
the Nation. The agency's mission is public service through the arts, and
it fulfills this mandate through support of artistic excellence, our
cultural heritage and traditions, individual creativity, education, and
public and private partnerships for the arts. Perhaps most importantly,
the Arts Endowment encourages arts organizations to reach out to the
American people, to bring in new audiences for the performing, literary,
and visual arts.
The results over the past 30 years can be measured by the increased
presence of the arts in the lives of our fellow citizens. More children
have contact with working artists in the classroom, at children's
museums and festivals, and in the curricula. More older Americans now
have access to museums, concert halls, and other venues. The arts reach
into the smallest and most isolated communities, and in our inner
cities, arts programs are often a haven for the most disadvantaged, a
place where our youth can rediscover the power of imagination,
creativity, and hope.
We can measure this progress as well in our re-designed communities,
in the buildings and sculpture that grace our cities and towns, and in
the vitality of the local economy whenever the arts arrive. The National
Endowment for the Arts works the way a Government agency should work--in
partnership with the private sector, in cooperation with State and local
government, and in service to all Americans. We enjoy a rich and diverse
culture in the United States, open to every citizen, and supported by
the Federal Government for our common good and benefit.
William J. Clinton.
The White House, March 28, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Economic and Educational
Opportunity.
para.37.19 providing for the consideration of h.r. 3103
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 392):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
3103) to amend the Internal Revenue Code of 1986 to improve
portability and continuity of health insurance coverage in
the group and individual markets, to combat waste, fraud, and
abuse in health insurance and health care delivery, to
promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify
the administration of health insurance, and for other
purposes. An amendment in the nature of a substitute
consisting of the text of H.R. 3160, modified by the
amendment specified in part 1 of the report of the Committee
on Rules accompanying this resolution, shall be considered as
adopted. All points of order against the bill, as amended,
and against its consideration are waived (except those
arising under section 425(a) of the Congressional Budget Act
of 1974). The previous question shall be considered as
ordered on the bill, as amended, and on any further amendment
thereto to final passage without intervening motion except:
(1) two hours of debate on the bill, as amended, with 45
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Means,
45 minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Commerce, and 30
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Economic and
Educational Opportunities; (2) the further amendment
specified in part 2 of the Committee on Rules, if offered by
the minority leader or his designee, which shall be in order
without intervention of any point of order (except those
arising under section 425(a) of the Congressional Budget Act
of 1974) or demand for division of the question, shall be
considered as read, and shall be separately debatable for one
hour equally divided and controlled by the proponent and an
opponent; and (3) one motion to recommit, which may include
instructions only if offered by the minority leader or his
designee. The yeas and nays shall be considered as ordered on
the question of passage of the bill and on any conference
report thereon. Clause 5(c) of rule XXI shall not apply to
the bill, amendments thereto, or conference reports thereon.
When said resolution was considered.
After debate,
Mr. GOSS moved the previous question on the resolution to its adoption
or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. KOLBE, announced that the nays had it.
Mr. GOSS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
229
When there appeared
<3-line {>
Nays
186
para.37.20 [Roll No. 103]
YEAS--229
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--186
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
[[Page 596]]
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--16
Becerra
Bryant (TX)
Collins (IL)
Conyers
Fields (LA)
Fowler
Lantos
McNulty
Neal
Ros-Lehtinen
Smith (TX)
Smith (WA)
Stokes
Torricelli
Weldon (PA)
Wilson
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KOLBE, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.37.21 further message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate has passed without amendment a bill and joint
resolution of the House of the following titles:
H.R. 3136. An Act to provide for enactment of the Senior
Citizens' Right to Work Act of 1996, the Line-Item Veto Act,
and the Small Business Growth and Fairness Act of 1996, and
to provide for a permanent increase in the public debt limit;
and
H.J. Res. 168. Joint resolution waiving certain enrollment
requirements with respect to two bills of the One Hundred
Fourth Congress.
The message also announced that the Senate agrees, to the report of
the committee of conference on the disagreeing votes of the two House
on the amendment of the Senate to the bill (H.R. 2854) ``An Act to
modify the operation of certain agricultural programs''.
para.37.22 health care coverage
Mr. ARCHER, pursuant to House Resolution 392, called up the bill (H.R.
3103) to amend the Internal Revenue Code of 1986 to improve portability
and continuity of health insurance coverage in the group and individual
markets, to combat waste, fraud, and abuse in health insurance and
health care delivery, to promote the use of medical savings accounts, to
improve access to long-term care services and coverage, to simplify the
administration of health insurance, and for other purposes.
When said bill was considered and read twice.
Pursuant to House Resolution 392, the following amendment in the
nature of a substitute consisting of the text of H.R. 3160, modified by
the amendment specified in Part 1 of House Report 104-501, was
considered as adopted:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health
Coverage Availability and Affordability Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVED AVAILABILITY AND PORTABILITY OF HEALTH INSURANCE
COVERAGE
Subtitle A--Coverage Under Group Health Plans
Sec. 101. Portability of coverage for previously covered individuals.
Sec. 102. Limitation on preexisting condition exclusions; no
application to certain newborns, adopted children, and
pregnancy.
Sec. 103. Prohibiting exclusions based on health status and providing
for enrollment periods.
Sec. 104. Enforcement.
Subtitle B--Certain Requirements for Insurers and HMOs in the Group and
Individual Markets
Part 1--Availability of Group Health Insurance Coverage
Sec. 131. Guaranteed availability of general coverage in the small
group market.
Sec. 132. Guaranteed renewability of group coverage.
Part 2--Availability of Individual Health Insurance Coverage
Sec. 141. Guaranteed availability of individual health insurance
coverage to certain individuals with prior group
coverage.
Sec. 142. Guaranteed renewability of individual health insurance
coverage.
Part 3--Enforcement
Sec. 151. Incorporation of provisions for State enforcement with
Federal fallback authority.
Subtitle C--Affordable and Available Health Coverage Through Multiple
Employer Pooling Arrangements
Sec. 161. Clarification of duty of the Secretary of Labor to implement
provisions of current law providing for exemptions and
solvency standards for multiple employer health plans.
``Part 7--Rules Governing Regulation of Multiple Employer Health Plans
``Sec. 701. Definitions.
``Sec. 702. Clarification of duty of the Secretary to implement
provisions of current law providing for exemptions and
solvency standards for multiple employer health plans.
``Sec. 703. Requirements relating to sponsors, boards of trustees, and
plan operations.
``Sec. 704. Other requirements for exemption.
``Sec. 705. Maintenance of reserves.
``Sec. 706. Notice requirements for voluntary termination.
``Sec. 707. Corrective actions and mandatory termination.
``Sec. 708. Additional rules regarding State authority.''.
Sec. 162. Affordable and available fully insured health coverage
through voluntary health insurance associations.
Sec. 163. State authority fully applicable to self-insured multiple
employer welfare arrangements providing medical care
which are not exempted under new part 7.
Sec. 164. Clarification of treatment of single employer arrangements.
Sec. 165. Clarification of treatment of certain collectively bargained
arrangements.
Sec. 166. Treatment of church plans.
Sec. 167. Enforcement provisions relating to multiple employer welfare
arrangements.
Sec. 168. Cooperation between Federal and State authorities.
Sec. 169. Filing and disclosure requirements for multiple employer
welfare arrangements offering health benefits.
Sec. 170. Single annual filing for all participating employers.
Sec. 171. Effective date; transitional rule.
Subtitle D--Definitions; General Provisions
Sec. 191. Definitions; scope of coverage.
Sec. 192. State flexibility to provide greater protection.
Sec. 193. Effective date.
Sec. 194. Rule of construction.
Sec. 195. Findings relating to exercise of commerce clause authority.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE
SIMPLIFICATION; MEDICAL LIABILITY REFORM
Sec. 200. References in title.
Subtitle A--Fraud and Abuse Control Program
Sec. 201. Fraud and abuse control program.
Sec. 202. Medicare integrity program.
Sec. 203. Beneficiary incentive programs.
Sec. 204. Application of certain health anti-fraud and abuse sanctions
to fraud and abuse against Federal health care programs.
Sec. 205. Guidance regarding application of health care fraud and abuse
sanctions.
Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
Sec. 211. Mandatory exclusion from participation in medicare and State
health care programs.
Sec. 212. Establishment of minimum period of exclusion for certain
individuals and entities subject to permissive exclusion
from medicare and State health care programs.
Sec. 213. Permissive exclusion of individuals with ownership or control
interest in sanctioned entities.
Sec. 214. Sanctions against practitioners and persons for failure to
comply with statutory obligations.
Sec. 215. Intermediate sanctions for medicare health maintenance
organizations.
Sec. 216. Additional exception to anti-kickback penalties for
discounting and managed care arrangements.
Sec. 217. Criminal penalty for fraudulent disposition of assets in
order to obtain medicaid benefits.
Sec. 218. Effective date.
Subtitle C--Data Collection
Sec. 221. Establishment of the health care fraud and abuse data
collection program.
[[Page 597]]
Subtitle D--Civil Monetary Penalties
Sec. 231. Social security act civil monetary penalties.
Sec. 232. Clarification of level of intent required for imposition of
sanctions.
Sec. 233. Penalty for false certification for home health services.
Subtitle E--Revisions to Criminal Law
Sec. 241. Definitions relating to Federal health care offense.
Sec. 242. Health care fraud.
Sec. 243. Theft or embezzlement.
Sec. 244. False statements.
Sec. 245. Obstruction of criminal investigations of health care
offenses.
Sec. 246. Laundering of monetary instruments.
Sec. 247. Injunctive relief relating to health care offenses.
Sec. 248. Authorized investigative demand procedures.
Sec. 249. Forfeitures for Federal health care offenses.
Sec. 250. Relation to ERISA authority.
Subtitle F--Administrative Simplification
Sec. 251. Purpose.
Sec. 252. Administrative simplification.
``Part C--Administrative Simplification
``Sec. 1171. Definitions.
``Sec. 1172. General requirements for adoption of standards.
``Sec. 1173. Standards for information transactions and data elements.
``Sec. 1174. Timetables for adoption of standards.
``Sec. 1175. Requirements.
``Sec. 1176. General penalty for failure to comply with requirements
and standards.
``Sec. 1177. Wrongful disclosure of individually identifiable health
information.
``Sec. 1178. Effect on State law.
Sec. 253. Changes in membership and duties of National Committee on
Vital and Health Statistics.
Subtitle G--Duplication and Coordination of Medicare-Related Plans
Sec. 261. Duplication and coordination of medicare-related plans.
Subtitle H--Medical Liability Reform
Part 1--General Provisions
Sec. 271. Federal reform of health care liability actions.
Sec. 272. Definitions.
Sec. 273. Effective date.
Part 2--Uniform Standards for Health Care Liability Actions
Sec. 281. Statute of limitations.
Sec. 282. Calculation and payment of damages.
Sec. 283. Alternative dispute resolution.
TITLE III--TAX-RELATED HEALTH PROVISIONS
Sec. 300. Amendment of 1986 code.
Subtitle A--Medical Savings Accounts
Sec. 301. Medical savings accounts.
Subtitle B--Increase in Deduction for Health Insurance Costs of Self-
Employed Individuals
Sec. 311. Increase in deduction for health insurance costs of self-
employed individuals.
Subtitle C--Long-Term Care Services and Contracts
Part I--General Provisions
Sec. 321. Treatment of long-term care insurance.
Sec. 322. Qualified long-term care services treated as medical care.
Sec. 323. Reporting requirements.
Part II--Consumer Protection Provisions
Sec. 325. Policy requirements.
Sec. 326. Requirements for issuers of long-term care insurance
policies.
Sec. 327. Coordination with State requirements.
Sec. 328. Effective dates.
Subtitle D--Treatment of Accelerated Death Benefits
Sec. 331. Treatment of accelerated death benefits by recipient.
Sec. 332. Tax treatment of companies issuing qualified accelerated
death benefit riders.
Subtitle E--High-Risk Pools
Sec. 341. Exemption from income tax for State-sponsored organizations
providing health coverage for high-risk individuals.
Subtitle F--Organizations Subject to Section 833
Sec. 351. Organizations subject to section 833.
TITLE IV--REVENUE OFFSETS
Sec. 400. Amendment of 1986 Code.
Subtitle A--Repeal of Bad Debt Reserve Method for Thrift Savings
Associations
Sec. 401. Repeal of bad debt reserve method for thrift savings
associations.
Subtitle B--Reform of the Earned Income Credit
Sec. 411. Earned income credit denied to individuals not authorized to
be employed in the United States.
Subtitle C--Treatment of Individuals Who Lose United States Citizenship
Sec. 421. Revision of income, estate, and gift taxes on individuals who
lose United States citizenship.
Sec. 422. Information on individuals losing United States citizenship.
Sec. 423. Report on tax compliance by United States citizens and
residents living abroad.
TITLE I--IMPROVED AVAILABILITY AND PORTABILITY OF HEALTH INSURANCE
COVERAGE
Subtitle A--Coverage Under Group Health Plans
SEC. 101. PORTABILITY OF COVERAGE FOR PREVIOUSLY COVERED
INDIVIDUALS.
(a) Crediting Periods of Previous Coverage Toward
Preexisting Condition Restrictions.--Subject to the
succeeding provisions of this section, a group health plan,
and an insurer or health maintenance organization offering
health insurance coverage in connection with a group health
plan, shall provide that any preexisting condition limitation
period (as defined in subsection (b)(2)) is reduced by the
length of the aggregate period of qualified prior coverage
(if any, as defined in subsection (b)(3)) applicable to the
participant or beneficiary as of the date of commencement of
coverage under the plan.
(b) Definitions and Other Provisions Relating to
Preexisting Conditions.--
(1) Preexisting condition.--
(A) In general.--For purposes of this subtitle, subject to
subparagraph (B), the term ``preexisting condition'' means a
condition, regardless of the cause of the condition, for
which medical advice, diagnosis, care, or treatment was
recommended or received within the 6-month period ending on
the day before--
(i) the effective date of the coverage of such participant
or beneficiary, or
(ii) the earliest date upon which such coverage could have
been effective if there were no waiting period applicable,
whichever is earlier.
(B) Treatment of genetic information.--For purposes of this
section, genetic information shall not be considered to be a
preexisting condition, so long as treatment of the condition
to which the information is applicable has not been sought
during the 6-month period described in subparagraph (A).
(2) Preexisting condition limitation period.--For purposes
of this subtitle, the term ``preexisting condition limitation
period'' means, with respect to coverage of an individual
under a group health plan or under health insurance coverage,
the period during which benefits with respect to treatment of
a condition of such individual are not provided based on the
fact that the condition is a preexisting condition.
(3) Aggregate period of qualified prior coverage.--
(A) In general.--For purposes of this section, the term
``aggregate period of qualified prior coverage'' means, with
respect to commencement of coverage of an individual under a
group health plan or health insurance coverage offered in
connection with a group health plan, the aggregate of the
qualified coverage periods (as defined in subparagraph (B))
of such individual occurring before the date of such
commencement. Such period shall be treated as zero if there
is more than a 60-day break in coverage under a group health
plan (or health insurance coverage offered in connection with
such a plan) between the date the most recent qualified
coverage period ends and the date of such commencement.
(B) Qualified coverage period.--
(i) In general.--For purposes of this paragraph, subject to
subsection (c), the term ``qualified coverage period'' means,
with respect to an individual, any period of coverage of the
individual under a group health plan, health insurance
coverage, under title XVIII or XIX of the Social Security
Act, coverage under the TRICARE program under chapter 55 of
title 10, United States Code, a program of the Indian Health
Service, and State health insurance coverage or risk pool,
and includes coverage under a health plan offered under
chapter 89 of title 5, United States Code.
(ii) Disregarding periods before breaks in coverage.--Such
term does not include any period occurring before any 60-day
break in coverage described in subparagraph (A).
(C) Waiting period not treated as a break in coverage.--For
purposes of subparagraphs (A) and (B), any period that is in
a waiting period for any coverage under a group health plan
(or for health insurance coverage offered in connection with
a group health plan) shall not be considered to be a break in
coverage described in subparagraph (B)(ii).
(D) Establishment of period.--A qualified coverage period
with respect to an individual shall be established through
presentation of certifications described in subsection (c) or
in such other manner as may be specified in regulations to
carry out this title.
(c) Certifications of Coverage; Conforming Coverage.--
(1) In general.--The plan administrator of a group health
plan, or the insurer or HMO offering health insurance
coverage in connection with a group health plan, shall, on
request made on behalf of an individual covered (or
previously covered within the previous 18 months) under the
plan or coverage, provide for a certification of the period
of coverage of the individual under such plan or coverage and
of the waiting period (if any) imposed with respect to the
individual for any coverage under the plan.
(2) Standard method.--Subject to paragraph (3), a group
health plan, or insurer or HMO offering health insurance
coverage in connection with a group health plan, shall
determine qualified coverage periods under subsection
(b)(3)(B) by including all periods described in such
subsection, without regard to the specific benefits offered
during such a period.
[[Page 598]]
(3) Alternative method.--Such a plan, insurer, or HMO may
elect to make such determination on a benefit-specific basis
for all participants and beneficiaries and not to include as
a qualified coverage period with respect to a specific
benefit coverage during a previous period unless such
previous coverage for that benefit was included at the end of
the most recent period of coverage. In the case of such an
election--
(A) the plan, insurer, or HMO shall prominently state in
any disclosure statements concerning the plan or coverage and
to each enrollee at the time of enrollment under the plan (or
at the time the health insurance coverage is offered for sale
in the group health market) that the plan or coverage has
made such election and shall include a description of the
effect of this election; and
(B) upon the request of the plan, insurer, or HMO, the
entity providing a certification under paragraph (1)--
(i) shall promptly disclose to the requesting plan,
insurer, or HMO the plan statement (insofar as it relates to
health benefits under the plan) or other detailed benefit
information on the benefits available under the previous plan
or coverage, and
(ii) may charge for the reasonable cost of providing such
information.
SEC. 102. LIMITATION ON PREEXISTING CONDITION EXCLUSIONS; NO
APPLICATION TO CERTAIN NEWBORNS, ADOPTED
CHILDREN, AND PREGNANCY.
(a) Limitation of Period.--
(1) In general.--Subject to the succeeding provisions of
this section, a group health plan, and an insurer or HMO
offering health insurance coverage in connection with a group
health plan, shall provide that any preexisting condition
limitation period (as defined in section 101(b)(2)) does not
exceed 12 months, counting from the effective date of
coverage.
(2) Extension of period in the case of late enrollment.--In
the case of a participant or beneficiary whose initial
coverage commences after the date the participant or
beneficiary first becomes eligible for coverage under the
group health plan, the reference in paragraph (1) to ``12
months'' is deemed a reference to ``18 months''.
(b) Exclusion Not Applicable to Certain Newborns and
Certain Adoptions.--
(1) In general.--Subject to paragraph (2), a group health
plan, and an insurer or HMO offering health insurance
coverage in connection with a group health plan, may not
provide any limitation on benefits based on the existence of
a preexisting condition in the case of--
(A) an individual who within the 30-day period beginning
with the date of birth, or
(B) an adopted child or a child placed for adoption
beginning at the time of adoption or placement if the
individual, within the 30-day period beginning on the date of
adoption or placement,
becomes covered under a group health plan or otherwise
becomes covered under health insurance coverage (or covered
for medical assistance under title XIX of the Social Security
Act).
(2) Loss if break in coverage.--Paragraph (1) shall no
longer apply to an individual if the individual does not have
any coverage described in section 101(b)(3)(B)(i) for a
continuous period of 60 days, not counting in such period any
days that are in a waiting period for any coverage under a
group health plan.
(3) Placed for adoption defined.--In this subsection and
section 103(e), the term ``placement'', or being ``placed'',
for adoption, in connection with any placement for adoption
of a child with any person, means the assumption and
retention by such person of a legal obligation for total or
partial support of such child in anticipation of adoption of
such child. The child's placement with such person terminates
upon the termination of such legal obligation.
(c) Exclusion Not Applicable to Pregnancy.--For purposes of
this section, pregnancy shall not be treated as a preexisting
condition.
(d) Eligibility Period Imposed by Health Maintenance
Organizations as Alternative to Preexisting Condition
Limitation.--A health maintenance organization which offers
health insurance coverage in connection with a group health
plan and which does not use the preexisting condition
limitations allowed under this section and section 101 with
respect to any particular coverage option may impose an
eligibility period for such coverage option, but only if such
period does not exceed--
(1) 60 days, in the case of a participant or beneficiary
whose initial coverage commences at the time such participant
or beneficiary first becomes eligible for coverage under the
plan, or
(2) 90 days, in the case of a participant or beneficiary
whose initial coverage commences after the date on which such
participant or beneficiary first becomes eligible for
coverage.
Such an HMO may use alternative methods, from those described
in the previous sentence, to address adverse selection as
approved by the applicable State authority. For purposes of
this subsection, the term ``eligibility period'' means a
period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective. Any such eligibility period shall be treated for
purposes of this subtitle as a waiting period under the plan
and shall run concurrently with any other applicable waiting
period under the plan.
SEC. 103. PROHIBITING EXCLUSIONS BASED ON HEALTH STATUS AND
PROVIDING FOR ENROLLMENT PERIODS.
(a) Prohibition of Exclusion of Participants or
Beneficiaries Based on Health Status.--
(1) In general.--A group health plan, and an insurer or HMO
offering health insurance coverage in connection with a group
health plan, may not exclude an employee or his or her
beneficiary from being (or continuing to be) enrolled as a
participant or beneficiary under the terms of such plan or
coverage based on health status (as defined in section
191(c)(6)).
(2) Construction.--Nothing in this subsection shall be
construed as preventing the establishment of preexisting
condition limitations and restrictions to the extent
consistent with the provisions of this subtitle.
(b) Prohibition of Discrimination in Premium Contributions
of Individual Participants or Beneficiaries Based on Health
Status.--
(1) In general.--A group health plan, and an insurer or HMO
offering health insurance coverage in connection with a group
health plan, may not require a participant or beneficiary to
pay a premium or contribution which is greater than such
premium or contribution for a similarly situated participant
or beneficiary solely on the basis of the health status of
the participant or beneficiary.
(2) Construction.--Nothing in this subsection is intended--
(A) to effect the premium rates an insurer or HMO may
charge an employer for health insurance coverage provided in
connection a group health plan,
(B) to prevent a group health plan (or insurer or HMO in
health insurance coverage offered in connection with such a
plan) from establishing premium discounts or modifying
otherwise applicable copayments or deductibles in return for
adherence to programs of health promotion and disease
prevention, or
(C) to prevent such a plan, insurer, or HMO from varying
the premiums or contributions required of participants or
beneficiaries based on factors (such as scope of benefits,
geographic area of residence, or wage levels) that are not
directly related to health status.
(c) Enrollment of Eligible Individuals Who Lose Other
Coverage.--A group health plan shall permit an uncovered
employee who is otherwise eligible for coverage under the
terms of the plan (or an uncovered dependent, as defined
under the terms of the plan, of such an employee, if family
coverage is available) to enroll for coverage under the plan
under at least one benefit option if each of the following
conditions is met:
(1) The employee or dependent was covered under a group
health plan or had health insurance coverage at the time
coverage was previously offered to the employee or
individual.
(2) The employee stated in writing at such time that
coverage under a group health plan or health insurance
coverage was the reason for declining enrollment.
(3) The employee or dependent lost coverage under a group
health plan or health insurance coverage (as a result of loss
of eligibility for the coverage, termination of employment,
or reduction in the number of hours of employment).
(4) The employee requests such enrollment within 30 days
after the date of termination of such coverage.
(d) Dependent Beneficiaries.--
(1) In general.--If a group health plan makes family
coverage available, the plan may not require, as a condition
of coverage of an individual as a dependent (as defined under
the terms of the plan) of a participant in the plan, a
waiting period applicable to the coverage of a dependent
who--
(A) is a newborn,
(B) is an adopted child or child placed for adoption
(within the meaning of section 102(b)(3)), at the time of
adoption or placement, or
(C) is a spouse, at the time of marriage,
if the participant has met any waiting period applicable to
that participant.
(2) Timely enrollment.--
(A) In general.--Enrollment of a participant's beneficiary
described in paragraph (1) shall be considered to be timely
if a request for enrollment is made within 30 days of the
date family coverage is first made available or, in the case
described in--
(i) paragraph (1)(A), within 30 days of the date of the
birth,
(ii) paragraph (1)(B), within 30 days of the date of the
adoption or placement for adoption, or
(iii) paragraph (1)(C), within 30 days of the date of the
marriage with such a beneficiary who is the spouse of the
participant,
if family coverage is available as of such date.
(B) Coverage.--If available coverage includes family
coverage and enrollment is made under such coverage on a
timely basis under subparagraph (A), the coverage shall
become effective not later than the first day of the first
month beginning 15 days after the date the completed request
for enrollment is received.
(e) Multiemployer Plans, Multiple Employer Health Plans,
and Multiple Employer Welfare Arrangements.--A group health
plan which is a multi-employer plan, a multiple employer
health plan (as defined in section 701(4) of the Employee
Retirement Income Security Act of 1974), or a multiple
[[Page 599]]
employer welfare arrangement (to the extent to which benefits
under the arrangement consist of medical care) may not deny
an employer whose employees are covered under such a plan or
arrangement continued access to the same or different
coverage under the terms of such a plan or arrangement, other
than--
(1) for nonpayment of contributions,
(2) for fraud or other intentional misrepresentation of
material fact by the employer,
(3) for noncompliance with material plan or arrangement
provisions,
(4) because the plan or arrangement is ceasing to offer any
coverage in a geographic area,
(5) for failure to meet the terms of an applicable
collective bargaining agreement, to renew a collective
bargaining or other agreement requiring or authorizing
contributions to the plan, or to employ employees covered by
such an agreement,
(6) in the case of a plan or arrangement to which
subparagraph (C), (D), or (E) of section 3(40) of the
Employee Retirement Income Security Act of 1974 applies, to
the extent necessary to meet the requirements of such
subparagraph, or
(7) in the case of a multiple employer health plan (as
defined in section 701(4) of such Act), for failure to meet
the requirements under part 7 of subtitle B of title I of
such Act for exemption under section 514(b)(6)(B) of such
Act.
SEC. 104. ENFORCEMENT.
(a) Enforcement Through COBRA Provisions in Internal
Revenue Code.--
(1) Application of cobra sanctions.--Subsection (a) of
section 4980B of the Internal Revenue Code of 1986 is amended
by striking ``the requirements of'' and all that follows and
inserting ``the requirements of--
``(1) subsection (f) with respect to any qualified
beneficiary, or
``(2) subject to subsection (h)--
``(A) section 101 or 102 of the Health Coverage
Availability and Affordability Act of 1996 with respect to
any individual covered under the group health plan, or
``(B) section 103 (other than subsection (e)) of such Act
with respect to any individual.''.
(2) Notice requirement.--Section 4980B(f)(6)(A) of such
Code is amended by inserting before the period the following:
``and subtitle A of title I of the Health Coverage
Availability and Affordability Act of 1996''.
(3) Special rules.--Section 4980B of such Code is amended
by adding at the end the following:
``(h) Special Rules.--For purposes of applying this section
in the case of requirements described in subsection (a)(2)
relating to section 101, section 102, or section 103 (other
than subsection (e)) of the Health Coverage Availability and
Affordability Act of 1996--
``(1) In general.--
``(A) Definition of group health plan.--The term `group
health plan' has the meaning given such term in section
191(a) of the Health Coverage Availability and Affordability
Act of 1996.
``(B) Qualified beneficiary.--Subsections (b), (c), and (e)
shall be applied by substituting the term `individual' for
the term `qualified beneficiary' each place it appears.
``(C) Noncompliance period.--Clause (ii) of subsection
(b)(2)(B) and the second sentence of subsection (b)(2) shall
not apply.
``(D) Limitation on tax.--Subparagraph (B) of subsection
(c)(3) shall not apply.
``(E) Liability for tax.--Paragraph (2) of subsection (e)
shall not apply.
``(2) Deferral to state regulation.--No tax shall be
imposed by this section on any failure to meet the
requirements of such section by any entity which offers
health insurance coverage and which is an insurer or health
maintenance organization (as defined in section 191(c) of the
Health Coverage Availability and Affordability Act of 1996)
regulated by a State unless the Secretary of Health and Human
Services has made the determination described in section
104(c)(2) of such Act with respect to such State, section,
and entity.
``(3) Limitation for insured plans.--In the case of a group
health plan of a small employer (as defined in section 191 of
the Health Coverage Availability and Affordability Act of
1996) that provides health care benefits solely through a
contract with an insurer or health maintenance organization
(as defined in such section), no tax shall be imposed by this
section upon the employer on a failure to meet such
requirements if the failure is solely because of the product
offered by the insurer or organization under such contract.
``(4) Limitation on imposition of tax.--In no case shall a
tax be imposed by this section for a failure to meet such a
requirement if--
``(A) a civil money penalty has been imposed by the
Secretary of Labor under part 5 of subtitle A of title I of
the Employee Retirement Income Security Act of 1974 with
respect to such failure, or
``(B) a civil money penalty has been imposed by the
Secretary of Health and Human Services under section 104(c)
of the Health Coverage Availability and Affordability Act of
1996 with respect to such failure.''.
(b) Enforcement Through ERISA Sanctions for Certain Group
Health Plans.--
(1) In general.--Subject to the succeeding provisions of
this subsection, sections 101 through 103 of this subtitle
(and subtitle D insofar as it is applicable to such sections)
shall be deemed to be provisions of title I of the Employee
Retirement Income Security Act of 1974 for purposes of
applying such title.
(2) Federal enforcement only if no enforcement through
state.--The Secretary of Labor shall enforce each section
referred to in paragraph (1) with respect to any entity which
is an insurer or health maintenance organization regulated by
a State only if the Secretary of Labor determines that such
State has not provided for enforcement of State laws which
govern the same matters as are governed by such section and
which require compliance by such entity with at least the
same requirements as those provided under such section.
(3) Limitations on liability.--
(A) No application where failure not discovered exercising
reasonable diligence.--No liability shall be imposed under
this subsection on the basis of any failure during any period
for which it is established to the satisfaction of the
Secretary of Labor that none of the persons against whom the
liability would be imposed knew, or exercising reasonable
diligence would have known, that such failure existed.
(B) No application where failure corrected within 30
days.--No liability shall be imposed under this subsection on
the basis of any failure if such failure was due to
reasonable cause and not to willful neglect, and such failure
is corrected during the 30-day period beginning on the first
day any of the persons against whom the liability would be
imposed knew, or exercising reasonable diligence would have
known, that such failure existed.
(4) Avoiding duplication of certain penalties.--In no case
shall a civil money penalty be imposed under the authority
provided under paragraph (1) for a violation of this subtitle
for which an excise tax has been imposed under section 4980B
of the Internal Revenue Code of 1986 or a civil money penalty
imposed under subsection (c).
(c) Enforcement Through Civil Money Penalties.--
(1) Imposition.--
(A) In general.--Subject to the succeeding provisions of
this subsection, any group health plan, insurer, or
organization that fails to meet a requirement of this
subtitle (other than section 103(e)) is subject to a civil
money penalty under this section.
(B) Liability for penalty.--Rules similar to the rules
described in section 4980B(e) of the Internal Revenue Code of
1986 for liability for a tax imposed under section 4980B(a)
of such Code shall apply to liability for a penalty imposed
under subparagraph (A).
(C) Amount of penalty.--
(i) In general.--The maximum amount of penalty imposed
under this paragraph is $100 for each day for each individual
with respect to which such a failure occurs.
(ii) Considerations in imposition.--In determining the
amount of any penalty to be assessed under this paragraph,
the Secretary of Health and Human Services shall take into
account the previous record of compliance of the person being
assessed with the applicable requirements of this subtitle,
the gravity of the violation, and the overall limitations for
unintentional failures provided under section 4980B(c)(4) of
the Internal Revenue Code of 1986.
(iii) Limitations.--
(I) Penalty not to apply where failure not discovered
exercising reasonable diligence.--No civil money penalty
shall be imposed under this paragraph on any failure during
any period for which it is established to the satisfaction of
the Secretary that none of the persons against whom the
penalty would be imposed knew, or exercising reasonable
diligence would have known, that such failure existed.
(II) Penalty not to apply to failures corrected within 30
days.--No civil money penalty shall be imposed under this
paragraph on any failure if such failure was due to
reasonable cause and not to willful neglect, and such failure
is corrected during the 30-day period beginning on the first
day any of the persons against whom the penalty would be
imposed knew, or exercising reasonable diligence would have
known, that such failure existed.
(D) Administrative review.--
(i) Opportunity for hearing.--The person assessed shall be
afforded an opportunity for hearing by the Secretary upon
request made within 30 days after the date of the issuance of
a notice of assessment. In such hearing the decision shall be
made on the record pursuant to section 554 of title 5, United
States Code. If no hearing is requested, the assessment shall
constitute a final and unappealable order.
(ii) Hearing procedure.--If a hearing is requested, the
initial agency decision shall be made by an administrative
law judge, and such decision shall become the final order
unless the Secretary modifies or vacates the decision. Notice
of intent to modify or vacate the decision of the
administrative law judge shall be issued to the parties
within 30 days after the date of the decision of the judge. A
final order which takes effect under this paragraph shall be
subject to review only as provided under subparagraph (D).
(E) Judicial review.--
(i) Filing of action for review.--Any person against whom
an order imposing a civil money penalty has been entered
after an agency hearing under this paragraph may obtain
review by the United States district court for any district
in which such person is located or the United States District
Court for the District of Columbia by filing a notice of
appeal in such court within 30 days from the date of such
order, and simultaneously sending a copy of such notice be
registered mail to the Secretary.
(ii) Certification of administrative record.--The Secretary
shall promptly cer
[[Page 600]]
tify and file in such court the record upon which the penalty
was imposed.
(iii) Standard for review.--The findings of the Secretary
shall be set aside only if found to be unsupported by
substantial evidence as provided by section 706(2)(E) of
title 5, United States Code.
(iv) Appeal.--Any final decision, order, or judgment of
such district court concerning such review shall be subject
to appeal as provided in chapter 83 of title 28 of such Code.
(F) Failure to pay assessment; maintenance of action.--
(i) Failure to pay assessment.--If any person fails to pay
an assessment after it has become a final and unappealable
order, or after the court has entered final judgment in favor
of the Secretary, the Secretary shall refer the matter to the
Attorney General who shall recover the amount assessed by
action in the appropriate United States district court.
(ii) Nonreviewability.--In such action the validity and
appropriateness of the final order imposing the penalty shall
not be subject to review.
(G) Payment of penalties.--Except as otherwise provided,
penalties collected under this paragraph shall be paid to the
Secretary (or other officer) imposing the penalty and shall
be available without appropriation and until expended for the
purpose of enforcing the provisions with respect to which the
penalty was imposed.
(2) Federal enforcement only if no enforcement through
state.--Paragraph (1) shall apply to enforcement of the
requirements of section 101, 102, or 103 (other than section
103(e)) with respect to any entity which offers health
insurance coverage and which is an insurer or HMO regulated
by a State only if the Secretary of Health and Human Services
has determined that such State has not provided for
enforcement of State laws which govern the same matters as
are governed by such section and which require compliance by
such entity with at least the same requirements as those
provided under such section.
(3) Nonduplication of sanctions.--In no case shall a civil
money penalty be imposed under this subsection for a
violation of this subtitle for which an excise tax has been
imposed under section 4980B of the Internal Revenue Code of
1986 or for which a civil money penalty has been imposed
under the authority provided under subsection (b).
(d) Coordination in Administration.--The Secretaries of the
Treasury, Labor, and Health and Human Services shall issue
regulations that are nonduplicative to carry out this
subtitle. Such regulations shall be issued in a manner that
assures coordination and nonduplication in their activities
under this subtitle.
Subtitle B--Certain Requirements for Insurers and HMOs in the Group and
Individual Markets
PART 1--AVAILABILITY OF GROUP HEALTH INSURANCE COVERAGE
SEC. 131. GUARANTEED AVAILABILITY OF GENERAL COVERAGE IN THE
SMALL GROUP MARKET.
(a) Issuance of Coverage.--
(1) In general.--Subject to the succeeding subsections of
this section, each insurer or HMO that offers health
insurance coverage in the small group market in a State--
(A) must accept every small employer in the State that
applies for such coverage; and
(B) must accept for enrollment under such coverage every
eligible individual (as defined in paragraph (2)) who applies
for enrollment during the initial period in which the
individual first becomes eligible for coverage under the
group health plan and may not place any restriction which is
inconsistent with section 103(a) on an individual being a
participant or beneficiary so long as such individual is an
eligible individual.
(2) Eligible individual defined.--In this section, the term
``eligible individual'' means, with respect to an insurer or
HMO that offers health insurance coverage to any small
employer in the small group market, such an individual in
relation to the employer as shall be determined--
(A) in accordance with the terms of such plan,
(B) as provided by the insurer or HMO under rules of the
insurer or HMO which are uniformly applicable, and
(C) in accordance with all applicable State laws governing
such insurer or HMO.
(b) Special Rules for Network Plans and HMOs.--
(1) In general.--In the case of an insurer that offers
health insurance coverage in the small group market through a
network plan and in the case of an HMO that offers health
insurance coverage in connection with such a plan, the
insurer or HMO may--
(A) limit the employers that may apply for such coverage to
those with eligible individuals whose place of employment or
residence is in the service area for such plan or HMO;
(B) limit the individuals who may be enrolled under such
coverage to those whose place of residence or employment is
within the service area for such plan or HMO; and
(C) within the service area of such plan or HMO, deny such
coverage to such employers if the insurer or HMO demonstrates
that--
(i) it will not have the capacity to deliver services
adequately to enrollees of any additional groups because of
its obligations to existing group contract holders and
enrollees, and
(ii) it is applying this paragraph uniformly to all
employers without regard to the claims experience of those
employers and their employees (and their beneficiaries) or
the health status of such employees and beneficiaries.
(2) 180-day suspension upon denial of coverage.--An insurer
or HMO, upon denying health insurance coverage in any service
area in accordance with paragraph (1)(C), may not offer
coverage in the small group market within such service area
for a period of 180 days after such coverage is denied.
(c) Special Rule for Financial Capacity Limits.--
(1) In general.--An insurer or HMO may deny health
insurance coverage in the small group market if the insurer
or HMO demonstrates to the applicable State authority that--
(A) it does not have the financial reserves necessary to
underwrite additional coverage, and
(B) it is applying this paragraph uniformly to all
employers without regard to the claims experience or duration
of coverage of those employers and their employees (and their
beneficiaries) or the health status of such employees and
beneficiaries.
(2) 180-day suspension upon denial of coverage.--An insurer
or HMO upon denying health insurance coverage in connection
with group health plans in any service area in accordance
with paragraph (1) may not offer coverage in connection with
group health plans in the small group market within such
service area for a period of 180 days after such coverage is
denied.
(d) Exception to Requirement for Issuance of Coverage by
Reason of Failure by Plan To Meet Certain Minimum
Participation or Contribution Rules.--
(1) In general.--Subsection (a) shall not apply in the case
of any group health plan with respect to which--
(A) participation rules of an insurer or HMO which are
described in paragraph (2) are not met, or
(B) contribution rules of an insurer or HMO which are
described in paragraph (3) are not met.
(2) Participation rules.--For purposes of paragraph (1)(A),
participation rules (if any) of an insurer or HMO shall be
treated as met with respect to a group health plan only if
such rules are uniformly applicable and in accordance with
applicable State law and the number or percentage of eligible
individuals who, under the plan, are participants or
beneficiaries equals or exceeds a level which is determined
in accordance with such rules.
(3) Contribution rules.--For purposes of paragraph (1)(B),
contribution rules (if any) of an insurer or HMO shall be
treated as met with respect to a group health plan only if
such rules are in accordance with applicable State law.
SEC. 132. GUARANTEED RENEWABILITY OF GROUP COVERAGE.
(a) In General.--Except as provided in this section, if an
insurer or health maintenance organization offers health
insurance coverage in the small or large group market, the
insurer or organization must renew or continue in force such
coverage at the option of the employer.
(b) General Exceptions.--An insurer or organization may
nonrenew or discontinue health insurance coverage offered an
employer based only on one or more of the following:
(1) Nonpayment of premiums.--The employer has failed to pay
premiums or contributions in accordance with the terms of the
health insurance coverage or the insurer or organization has
not received timely premium payments.
(2) Fraud.--The employer has performed an act or practice
that constitutes fraud or made an intentional
misrepresentation of material fact under the terms of the
coverage.
(3) Violation with participation or contribution rules.--
The employer has failed to comply with a material plan
provision relating to participation or contribution rules in
accordance with section 131(d).
(4) Termination of plan.--Subject to subsection (c), the
insurer or organization is ceasing to offer coverage in the
small or large group market in a State (or, in the case of a
network plan or HMO, in a geographic area).
(5) Movement outside service area.--The employer has
changed the place of employment in such manner that employees
and dependents reside and are employed outside the service
area of the insurer or organization or outside the area for
which the insurer or organization is authorized to do
business.
Paragraph (5) shall apply to an insurer or HMO only if it is
applied uniformly without regard to the claims experience of
employers and their employees (and their beneficiaries) or
the health status of such employees and beneficiaries.
(c) Exceptions for Uniform Termination of Coverage.--
(1) Particular type of coverage not offered.--In any case
in which a insurer or HMO decides to discontinue offering a
particular type of health insurance coverage in the small or
large group market, coverage of such type may be discontinued
by the insurer or organization only if--
(A) the insurer or organization provides notice to each
employer provided coverage of this type in such market (and
participants and beneficiaries covered under such coverage)
of such discontinuation at least 90 days prior to the date of
the discontinuation of such coverage;
(B) the insurer or organization offers to each employer in
the small employer or large employer market provided coverage
of this type, the option to purchase any other
[[Page 601]]
health insurance coverage currently being offered by the
insurer or organization for employers in such market; and
(C) in exercising the option to discontinue coverage of
this type and in offering one or more replacement coverage,
the insurer or organization acts uniformly without regard to
the health status or insurability of participants or
beneficiaries covered or new participants or beneficiaries
who may become eligible for such coverage.
(2) Discontinuance of all coverage.--
(A) In general.--Subject to subparagraph (C), in any case
in which an insurer or HMO elects to discontinue offering all
health insurance coverage in the small group market or the
large group market, or both markets, in a State, health
insurance coverage may be discontinued by the insurer or
organization only if--
(i) the insurer or organization provides notice to the
applicable State authority and to each employer (and
participants and beneficiaries covered under such coverage)
of such discontinuation at least 180 days prior to the date
of the expiration of such coverage, and
(ii) all health insurance issued or delivered for issuance
in the State in such market (or markets) are discontinued and
coverage under such health insurance coverage in such market
(or markets) is not renewed.
(B) Prohibition on market reentry.--In the case of a
discontinuation under subparagraph (A) in one or both
markets, the insurer or organization may not provide for the
issuance of any health insurance coverage in the market and
State involved during the 5-year period beginning on the date
of the discontinuation of the last health insurance coverage
not so renewed.
(d) Exception for Uniform Modification of Coverage.--At the
time of coverage renewal, an insurer or HMO may modify the
coverage offered to a group health plan in the group health
market so long as such modification is effective on a uniform
basis among group health plans with that type of coverage.
PART 2--AVAILABILITY OF INDIVIDUAL HEALTH INSURANCE COVERAGE
SEC. 141. GUARANTEED AVAILABILITY OF INDIVIDUAL HEALTH
INSURANCE COVERAGE TO CERTAIN INDIVIDUALS WITH
PRIOR GROUP COVERAGE.
(a) Goals.--The goals of this section are--
(1) to guarantee that any qualifying individual (as defined
in subsection (b)(1)) is able to obtain qualifying coverage
(as defined in subsection (b)(2)); and
(2) to assure that qualifying individuals obtaining such
coverage receive credit for their prior coverage toward the
new coverage's preexisting condition exclusion period (if
any) in a manner consistent with subsection (b)(3).
(b) Qualifying Individual and Health Insurance Coverage
Defined.--In this section--
(1) Qualifying individual.--The term ``qualifying
individual'' means an individual--
(A)(i) for whom, as of the date on which the individual
seeks coverage under this section, the aggregate of the
qualified coverage periods (as defined in section
101(b)(3)(B)) is 18 or more months and (ii) whose most recent
prior coverage was under a group health plan, governmental
plan, or church plan (or health insurance coverage offered in
connection with any such plan);
(B) who is not eligible for coverage under (i) a group
health plan, (ii) part A or part B of title XVIII of the
Social Security Act, or (iii) a State plan under title XIX of
such Act (or any successor program), and does not have
individual health insurance coverage;
(C) with respect to whom the most recent coverage within
the coverage period described in subparagraph (A)(i) was not
terminated based on a factor described in paragraph (1) or
(2) of section 132(b);
(D) if the individual had been offered the option of
continuation coverage under a COBRA continuation provision or
under a similar State program, who elected such coverage; and
(E) who, if the individual elected such continuation
coverage, has exhausted such continuation coverage.
In applying subparagraph (A)(i), the reference in section
101(b)(3)(B)(ii) to a 60-day break in coverage is deemed a
reference to a 60-day break in any coverage described in
section 101(b)(3)(B)(i).
(2) Qualifying coverage.--
(A) In general.--The term ``qualifying coverage'' means,
with respect to an insurer or HMO in relation to an
qualifying individual, individual health insurance coverage
for which the actuarial value of the benefits is not less
than--
(i) the weighted average actuarial value of the benefits
provided by all the individual health insurance coverage
issued by the insurer or HMO in the State during the previous
year (not including coverage issued under this section), or
(ii) the weighted average of the actuarial value of the
benefits provided by all the individual health insurance
coverage issued by all insurers and HMOs in the State during
the previous year (not including coverage issued under this
section),
as elected by the plan or by the State under subsection
(c)(1).
(B) Assumptions.--For purposes of subparagraph (A), the
actuarial value of benefits provided under individual health
insurance coverage shall be calculated based on a
standardized population and a set of standardized utilization
and cost factors.
(3) Crediting for previous coverage.--Crediting is
consistent with this paragraph only if any preexisting
condition exclusion period is reduced at least to the extent
such a period would be reduced if the coverage under this
section were under a group health plan to which section
101(a) applies. In carrying out this subsection, provisions
similar to the provisions of section 101(c) shall apply.
(c) Optional State Establishment of Mechanisms To Achieve
Goals of Guaranteeing Availability of Coverage.--
(1) In general.--Any State may establish, to the extent of
the State's authority, public or private mechanisms
reasonably designed to meet the goals specified in subsection
(a). If a State implements such a mechanism by the deadline
specified in paragraph (4), the State may elect to have such
mechanisms apply instead of having subsection (d)(3) apply in
the State. An election under this paragraph shall be by
notice from the chief executive officer of the State to the
Secretary of Health and Human Services on a timely basis
consistent with the deadlines specified in paragraph (4). In
establishing what is qualifying coverage under such a
mechanism under this subsection, a State may exercise the
election described in subsection (b)(2)(A) with respect to
each insurer or HMO in the State (or on a collective basis
after exercising such election for each such insurer or HMO).
(2) Types of mechanisms.--State mechanisms under this
subsection may include one or more (or a combination) of the
following:
(A) Health insurance coverage pools or programs authorized
or established by the State.
(B) Mandatory group conversion policies.
(C) Guaranteed issue of one or more plans of individual
health insurance coverage to qualifying individuals.
(D) Open enrollment by one or more insurers or HMOs.
The mechanisms described in the previous sentence are not an
exclusive list of the mechanisms (or combinations of
mechanisms) that may be used under this subsection.
(3) Safe harbor for benefits under current risk pools.--In
the case of a State that has a health insurance coverage pool
or risk pool in effect on March 12, 1996, and that implements
the mechanism described in paragraph (2)(A), the benefits
under such mechanism (or benefits the actuarial value of
which is not less than the actuarial value of such current
benefits, using the assumptions described in subsection
(b)(2)(B)) are deemed, for purposes of this section, to
constitute qualified coverage.
(4) Deadline for state implementation.--
(A) In general.--Subject to subparagraph (B), the deadline
under this paragraph is July 1, 1997.
(B) Extension to permit legislation.--The deadline under
this paragraph is July 1, 1998, in the case of a State the
legislature of which does not have a regular legislative
session at any time between January 1, 1997, and June 30,
1997.
(C) Construction.--Nothing in this section shall be
construed as preventing a State from--
(i) implementing guaranteed availability mechanisms before
the deadline,
(ii) continuing in effect mechanisms that are in effect
before the date of the enactment of this Act,
(iii) offering guaranteed availability of coverage that is
not qualifying coverage, or
(iv) offering guaranteed availability of coverage to
individuals who are not qualifying individuals.
(d) Fallback Provisions.--
(1) No state election.--If a State has not provided notice
to the Secretary of an election on a timely basis under
subsection (c), the Secretary shall notify the State that
paragraph (3) will be applied in the State.
(2) Preliminary determination after state election.--If--
(A) a State has provided notice of an election on a timely
basis under subsection (c), and
(B) the Secretary finds, after consultation with the chief
executive officer of the State and the insurance commissioner
or chief insurance regulatory official of the State, that
such a mechanism (for which notice was provided) is not
reasonably designed to meet the goals specified in subsection
(a),
the Secretary shall notify the State of such preliminary
determination, of the consequences under paragraph (3) of a
failure to implement such a mechanism, and permit the State a
reasonable opportunity in which to modify the mechanism (or
to adopt another mechanism) that is reasonably designed to
meet the goals specified in subsection (a). The Secretary
shall not make such a determination on any basis other than
the basis described in subparagraph (B). If, after providing
such notice and opportunity, the Secretary finds that the
State has not implemented such a mechanism, the Secretary
shall notify the State that paragraph (3) will be applied in
the State.
(3) Description of fallback mechanism.--As provided under
paragraphs (1) and (2) and subject to paragraph (5), each
insurer or HMO in the State involved that issues individual
health insurance coverage--
(A) shall offer qualifying health insurance coverage, in
which qualifying individuals obtaining such coverage receive
credit for their prior coverage toward the new coverage's
preexisting condition exclusion period (if any) in a manner
consistent with subsection
[[Page 602]]
(b)(3), to each qualifying individual in the State, and
(B) may not decline to issue such coverage to such an
individual based on health status (except as permitted under
paragraph (4)).
(4) Application of network and capacity limits.--Under
regulations, the provisions of subsections (b) and (c) of
section 131 shall apply to an individual in the individual
health insurance market under this subsection in the same
manner as they apply under section 131 to an employer in the
small group market.
(5) Termination of fallback mechanism.--The provisions of
this subsection shall cease to apply to a State if the
Secretary finds that a State has implemented a mechanism that
is reasonably designed to meet the goals specified in
subsection (a), and until the Secretary finds that such
mechanism is no longer being implemented.
(e) Construction.--
(1) Premiums.--Nothing in this section shall be construed
to affect the determination of an insurer or HMO as to the
amount of the premium payable under an individual health
insurance coverage under applicable state law.
(2) Market requirements.--
(A) In general.--The provisions of subsection (a) shall not
be construed to require that an insurer or HMO offering
health insurance coverage only in connection with a group
health plan or an association offer individual health
insurance coverage.
(B) Conversion policies.--An insurer or HMO offering health
insurance coverage in connection with a group health plan
under subtitle A shall not be deemed to be an insurer or HMO
offering an individual health insurance coverage solely
because such insurer or HMO offers a conversion policy.
(3) Disregard of association coverage.--An insurer or HMO
that offers health insurance coverage only in connection with
a group health plan or in connection with individuals based
on affiliation with one or more bona fide associations is not
considered, for purposes of this subtitle, to be offering
individual health insurance coverage.
(4) Marketing of plans.--Nothing in this section shall be
construed to prevent a State from requiring insurer or HMOs
offering individual health insurance coverage to actively
market such coverage.
SEC. 142. GUARANTEED RENEWABILITY OF INDIVIDUAL HEALTH
INSURANCE COVERAGE.
(a) Guaranteed Renewability.--Subject to the succeeding
provisions of this section, an insurer or HMO that provides
individual health insurance coverage to an individual shall
renew or continue such coverage at the option of the
individual.
(b) Nonrenewal Permitted in Certain Cases.--An insurer or
HMO may nonrenew or discontinue individual health insurance
coverage of an individual only based on one or more of the
following:
(1) Nonpayment.--The individual fails to pay payment of
premiums or contributions in accordance with the terms of the
coverage or the insurer or organization has not failed to
receive timely premium payments.
(2) Fraud.--The individual has performed an act or practice
that constitutes fraud or made an intentional
misrepresentation of material fact under the terms of the
coverage.
(3) Termination of coverage.--Subject to subsection (c),
the insurer or HMO is ceasing to offer health insurance
coverage in the individual market in a State (or, in the case
of a network plan or HMO, in a geographic area).
(4) Movement outside service area.--The individual has
changed residence and resides outside the service area of the
insurer or organization or outside the area for which the
insurer or organization is authorized to do business.
Paragraph (4) shall apply to an insurer or HMO only if it is
applied uniformly without regard to the claims experience of
employers and their employees (and their beneficiaries) or
the health status of such employees and beneficiaries.
(c) Termination of Individual Coverage.--The provisions of
section 132(c) shall apply to this section in the same manner
as they apply under section 132, except that any reference to
an employer or market is deemed a reference to the covered
individual or the individual market, respectively.
(d) Exception for Uniform Modification of Coverage.--The
provisions of section 132(d) shall apply to individual health
insurance coverage in the individual market under this
section in the same manner as it applies to health insurance
coverage offered in connection with a group health plan in
the group market under such section.
PART 3--ENFORCEMENT
SEC. 151. INCORPORATION OF PROVISIONS FOR STATE ENFORCEMENT
WITH FEDERAL FALLBACK AUTHORITY.
The provisions of paragraphs (1) and (2) of section 104(c)
shall apply to enforcement of requirements in each section in
part 1 or part 2 with respect to insurers and HMOs regulated
by a State in the same manner as such provisions apply to
enforcement of requirements in section 101, 102, or 103 with
respect to insurers and HMOs regulated by a State.
Subtitle C--Affordable and Available Health Coverage Through Multiple
Employer Pooling Arrangements
SEC. 161. CLARIFICATION OF DUTY OF THE SECRETARY OF LABOR TO
IMPLEMENT PROVISIONS OF CURRENT LAW PROVIDING
FOR EXEMPTIONS AND SOLVENCY STANDARDS FOR
MULTIPLE EMPLOYER HEALTH PLANS.
(a) Rules Governing Regulation of Multiple Employer Health
Plans.--Subtitle B of title I of the Employee Retirement
Income Security Act of 1974 (as amended by the preceding
provisions of this title) is amended by inserting after part
6 the following new part:
``PART 7--RULES GOVERNING REGULATION OF MULTIPLE EMPLOYER HEALTH PLANS
``SEC. 701. DEFINITIONS.
``For purposes of this part--
``(1) Fully insured.--A particular benefit under a group
health plan or a multiple employer welfare arrangement is
`fully insured' if such benefit (irrespective of any recourse
available against other parties) is provided by an insurer or
a health maintenance organization in a manner so that such
benefit constitutes insurance regulated by the law of a State
(within the meaning of section 514(b)(2)(A)).
``(2) Insurer.--The term `insurer' means an insurance
company, insurance service, or insurance organization which
is licensed to engage in the business of insurance in a State
and which is subject to State law which regulates insurance
(within the meaning of section 514(b)(2)(A)).
``(3) Health maintenance organization.--The terms `health
maintenance organization' means--
``(A) a Federally qualified health maintenance organization
(as defined in section 1301(a) of the Public Health Service
Act (42 U.S.C. 300e(a))),
``(B) an organization recognized under State law as a
health maintenance organization, or
``(C) a similar organization regulated under State law for
solvency in the same manner and to the same extent as such a
health maintenance organization,
if it is subject to State law which regulates insurance
(within the meaning of section 514(b)(2)(A)).
``(4) Multiple employer health plan.--The term `multiple
employer health plan' means a multiple employer welfare
arrangement which provides medical care and which is or has
been exempt under section 514(b)(6)(B).
``(5) Participating employer.--The term `participating
employer' means, in connection with a multiple employer
welfare arrangement, any employer if any of its employees, or
any of the individuals who are dependents (as defined under
the terms of the arrangement) of its employees, are or were
covered under such arrangement in connection with the
employment of the employees.
``(6) Sponsor.--The term `sponsor' means, in connection
with a multiple employer welfare arrangement, the association
or other entity which establishes or maintains the
arrangement.
``(7) State insurance commissioner.--The term `State
insurance commissioner' means the insurance commissioner (or
similar official) of a State.
``SEC. 702. CLARIFICATION OF DUTY OF THE SECRETARY TO
IMPLEMENT PROVISIONS OF CURRENT LAW PROVIDING
FOR EXEMPTIONS AND SOLVENCY STANDARDS FOR
MULTIPLE EMPLOYER HEALTH PLANS.
``(a) Treatment as Employee Welfare Benefit Plan Which Is a
Group Health Plan.--
``(1) In general.--A multiple employer welfare
arrangement--
``(A) under which the benefits consist solely of medical
care (disregarding such incidental benefits as the Secretary
shall specify by regulation), and
``(B) under which some or all benefits are not fully
insured,
shall be treated for purposes of subtitle A and the other
parts of this title as an employee welfare benefit plan which
is a group health plan if the arrangement is exempt under
section 514(b)(6)(B) in accordance with this part.
``(2) Exception.--In the case of a multiple employer
welfare arrangement which would be described in section
3(40)(A)(i) but solely for the failure to meet the
requirements of section 3(40)(C)(ii), paragraph (1) shall
apply with respect to such arrangement, but only with respect
to benefits provided thereunder which constitute medical
care.
``(b) Treatment Under Preemption Rules.--
``(1) In general.--The Secretary shall prescribe
regulations described in section 514(b)(6)(B)(i), applicable
to multiple employer welfare arrangements described in
subparagraphs (A) and (B) of subsection (a)(1), providing a
procedure for granting exemptions from section
514(b)(6)(A)(ii) with respect to such arrangements. Under
such regulations, any such arrangement treated under
subsection (a) as an employee welfare benefit plan shall be
deemed to be an arrangement described in section
514(b)(6)(B)(ii).
``(2) Standards.--Under the procedure prescribed pursuant
to paragraph (1), the Secretary shall grant an arrangement
described in subsection (a) an exemption described in
subsection (a) only if the Secretary finds that--
``(A) such exemption--
``(i) is administratively feasible,
``(ii) is not adverse to the interests of the individuals
covered under the arrangement, and
``(iii) is protective of the rights and benefits of the
individuals covered under the arrangement,
``(B) the application for the exemption meets the
requirements of paragraph (3), and
[[Page 603]]
``(C) the requirements of sections 703 and 704 are met with
respect to the arrangement.
``(3) Information to be included in application for
exemption.--An application for an exemption described in
subsection (a) meets the requirements of this paragraph only
if it includes, in a manner and form prescribed in
regulations of the Secretary, at least the following
information:
``(A) Identifying information.--The names and addresses
of--
``(i) the sponsor, and
``(ii) the members of the board of trustees of the
arrangement.
``(B) States in which arrangement intends to do business.--
The States in which individuals covered under the arrangement
are to be located and the number of such individuals expected
to be located in each such State.
``(C) Bonding requirements.--Evidence provided by the board
of trustees that the bonding requirements of section 412 will
be met as of the date of the application or (if later)
commencement of operations.
``(D) Plan documents.--A copy of the documents governing
the arrangement (including any bylaws and trust agreements),
the summary plan description, and other material describing
the benefits and coverage that will be provided to
individuals covered under the arrangement.
``(E) Agreements with service providers.--A copy of any
agreements between the arrangement and contract
administrators and other service providers.
``(F) Funding report.--A report setting forth information
determined as of a date within the 120-day period ending with
the date of the application, including the following:
``(i) Reserves.--A statement, certified by the board of
trustees of the arrangement, and a statement of actuarial
opinion, signed by a qualified actuary, that all applicable
requirements of section 705 are or will be met in accordance
with regulations which the Secretary shall prescribe.
``(ii) Adequacy of contribution rates.--A statement of
actuarial opinion, signed by a qualified actuary, which sets
forth a description of the extent to which contribution rates
are adequate to provide for the payment of all obligations
and the maintenance of required reserves under the
arrangement for the 12-month period beginning with such date
within such 120-day period, taking into account the expected
coverage and experience of the arrangement. If the
contribution rates are not fully adequate, the statement of
actuarial opinion shall indicate the extent to which the
rates are inadequate and the changes needed to ensure
adequacy.
``(iii) Current and projected value of assets and
liabilities.--A statement of actuarial opinion signed by a
qualified actuary, which sets forth the current value of the
assets and liabilities accumulated under the arrangement and
a projection of the assets, liabilities, income, and expenses
of the arrangement for the 12-month period referred to in
clause (ii). The income statement shall identify separately
the arrangement's administrative expenses and claims.
``(iv) Costs of coverage to be charged and other
expenses.--A statement of the costs of coverage to be
charged, including an itemization of amounts for
administration, reserves, and other expenses associated with
the operation of the arrangement.
``(v) Other information.--Any other information which may
be prescribed in regulations of the Secretary as necessary to
carry out the purposes of this part.
``(4) Filing fee.--Under the procedure prescribed pursuant
to paragraph (1), a multiple employer welfare arrangement
shall pay to the Secretary at the time of filing an
application for an exemption referred to in subsection (a) a
filing fee in the amount of $5,000, which shall be available,
to the extent provided in appropriation Acts, to the
Secretary for the sole purpose of administering the exemption
procedures applicable with respect to such arrangement.
``(5) Class exemption treatment for existing large
arrangements.--Under the procedure prescribed pursuant to
paragraph (1), if--
``(A) at the time of application for an exemption under
section 514(b)(6)(B) with respect to an arrangement which has
been in existence as of the date of the enactment of the
Health Coverage Availability and Affordability Act of 1996
for at least 3 years, either (A) the arrangement covers at
least 1,000 participants and beneficiaries, or (B) with
respect to the arrangement there are at least 2,000 employees
of eligible participating employers,
``(B) a complete application for the exemption with respect
to the arrangement has been filed and is pending, and
``(C) the application meets such requirements (if any) as
the Secretary may provide with respect to class exemptions
under this subsection,
the exemption shall be treated as having been granted with
respect to the arrangement unless and until the Secretary
provides appropriate notice that the exemption has been
denied.
``(c) Filing Notice of Exemption With States.--An exemption
granted under section 514(b)(6)(B) to a multiple employer
welfare arrangement shall not be effective unless written
notice of such exemption is filed with the State insurance
commissioner of each State in which at least 5 percent of the
individuals covered under the arrangement are located. For
purposes of this subsection, an individual shall be
considered to be located in the State in which a known
address of such individual is located or in which such
individual is employed. The Secretary may by regulation
provide in specified cases for the application of the
preceding sentence with lesser percentages in lieu of such 5
percent amount.
``(d) Notice of Material Changes.--In the case of any
multiple employer welfare arrangement exempt under section
514(b)(6)(B), descriptions of material changes in any
information which was required to be submitted with the
application for the exemption under this part shall be filed
in such form and manner as shall be prescribed in regulations
of the Secretary. The Secretary may require by regulation
prior notice of material changes with respect to specified
matters which might serve as the basis for suspension or
revocation of the exemption.
``(e) Reporting Requirements.--Under regulations of the
Secretary, the requirements of sections 102, 103, and 104
shall apply with respect to any multiple employer welfare
arrangement which is or has been exempt under section
514(b)(6)(B) in the same manner and to the same extent as
such requirements apply to employee welfare benefit plans,
irrespective of whether such exemption continues in effect.
The annual report required under section 103 for any plan
year in the case of any such multiple employer welfare
arrangement shall also include information described in
subsection (b)(3)(F) with respect to the plan year and,
notwithstanding section 104(a)(1)(A), shall be filed not
later than 90 days after the close of the plan year.
``(f) Engagement of Qualified Actuary.--The board of
trustees of each multiple employer welfare arrangement which
is or has been exempt under section 514(b)(6)(B) shall
engage, on behalf of all covered individuals, a qualified
actuary who shall be responsible for the preparation of the
materials comprising information necessary to be submitted by
a qualified actuary under this part. The qualified actuary
shall utilize such assumptions and techniques as are
necessary to enable such actuary to form an opinion as to
whether the contents of the matters reported under this
part--
``(1) are in the aggregate reasonably related to the
experience of the arrangement and to reasonable expectations,
and
``(2) represent such actuary's best estimate of anticipated
experience under the arrangement.
The opinion by the qualified actuary shall be made with
respect to, and shall be made a part of, the annual report.
``SEC. 703. REQUIREMENTS RELATING TO SPONSORS, BOARDS OF
TRUSTEES, AND PLAN OPERATIONS.
``(a) In General.--A complete application for an exemption
under section 514(b)(6)(B) shall include information which
the Secretary determines to be complete and accurate and
sufficient to demonstrate that the following requirements are
met with respect to the arrangement:
``(1) Sponsor.--The sponsor is, and has been (together with
its immediate predecessor, if any) for a continuous period of
not less than 5 years before the date of the application,
organized and maintained in good faith, with a constitution
and bylaws specifically stating its purpose and providing for
periodic meetings on at least an annual basis, as a trade
association, an industry association, a professional
association, or a chamber of commerce (or similar business
group, including a corporation or similar organization that
operates on a cooperative basis (within the meaning of
section 1381 of the Internal Revenue Code of 1986)), for
substantial purposes other than that of obtaining or
providing medical care (within the meaning of section
607(1)), and the applicant demonstrates to the satisfaction
of the Secretary that the sponsor is established as a
permanent entity which receives the active support of its
members and collects dues or contributions from its members
on a periodic basis, without conditioning such dues or
contributions on the basis of the health status of the
employees of such members or the dependents of such employees
or on the basis of participation in a group health plan. Any
sponsor consisting of an association of entities meeting the
preceding requirements of this paragraph shall be treated as
meeting the requirements of this paragraph.
``(2) Board of trustees.--The arrangement is operated,
pursuant to a trust agreement, by a board of trustees which
has complete fiscal control over the arrangement and which is
responsible for all operations of the arrangement, and the
board of trustees has in effect rules of operation and
financial controls, based on a 3-year plan of operation,
adequate to carry out the terms of the arrangement and to
meet all requirements of this title applicable to the
arrangement. The members of the board of trustees are
individuals selected from individuals who are the owners,
officers, directors, or employees of the participating
employers or who are partners in the participating employers
and actively participate in the business. No such member is
an owner, officer, director, or employee of, or partner in, a
contract administrator or other service provider to the
arrangement, except that officers or employees of a sponsor
which is a service provider (other than a contract
administrator) to the arrangement may be members of the board
if they constitute not more than 25 percent of the membership
of the board and they do not provide services to the
arrangement other than on behalf of the sponsor. The board
has sole authority to approve applications for participation
in the arrangement and to contract with a service provider to
administer the day-to-day affairs of the arrangement.
[[Page 604]]
``(3) Covered persons.--The instruments governing the
arrangement include a written instrument which provides that,
effective upon becoming an arrangement exempt under section
514(b)(6)(B)--
``(A) all participating employers must be members or
affiliated members of the sponsor, except that, in the case
of a sponsor which is a professional association or other
individual-based association, if at least one of the
officers, directors, or employees of an employer, or at least
one of the individuals who are partners in an employer and
who actively participates in the business, is a member or
affiliated member of the sponsor, participating employers may
also include such employer,
``(B) all individuals thereafter commencing coverage under
the arrangement must be--
``(i) active or retired owners (including self-employed
individuals), officers, directors, or employees of, or
partners in, participating employers, or
``(ii) the beneficiaries of individuals described in clause
(i), and
``(C) no participating employer may provide health
insurance coverage in the individual market for any employee
not covered under the arrangement which is similar to the
coverage contemporaneously provided to employees of the
employer under the arrangement, if such exclusion of the
employee from coverage under the arrangement is based in
whole or in part on the health status of the employee and
such employee would, but for such exclusion on such basis, be
eligible for coverage under the arrangement.
``(4) Inclusion of eligible employers and employees.--No
employer described in paragraph (3) is excluded as a
participating employer (except to the extent that
requirements of the type referred to in section 131(d)(2) of
the Health Coverage Availability and Affordability Act of
1996 are not met) and the requirements of section 103 of such
Act (as referred to in section 104(b)(1) of such Act) are
met.
``(5) Restriction on variations of premium rates.--Premium
rates under the arrangement with respect to any particular
employer do not vary on the basis of the claims experience of
such employer alone.
``(b) Treatment of Franchise Networks.--In the case of a
multiple employer welfare arrangement which is established
and maintained by a franchisor for a franchise network
consisting of its franchisees, the requirements of subsection
(a)(1) shall not apply with respect to such network in any
case in which such requirements would be met if the
franchisor were deemed to be the sponsor referred to in
subsection (a)(1), such network were deemed to be an
association described in subsection (a)(1), and each
franchisee were deemed to be a member (of the association and
the sponsor) referred to in subsection (a)(1).
``(c) Certain Collectively Bargained Arrangements.--In the
case of a multiple employer welfare arrangement in existence
on March 6, 1996, which would be described in section
3(40)(A)(i) but solely for the failure to meet the
requirements of section 3(40)(C)(ii) or (to the extent
provided in regulations of the Secretary) solely for the
failure to meet the requirements of subparagraph (D) or (F)
of section 3(40)--
``(1) subsection (a)(1) shall not apply, and
``(2) the joint board of trustees shall be considered the
board of trustees required under subsection (a)(2).
``(d) Certain Arrangements Not Meeting Single Employer
Requirement.--
``(1) In general.--In any case in which the majority of the
employees covered under a multiple employer welfare
arrangement are employees of a single employer (within the
meaning of clauses (i) and (ii) of section 3(40)(B)), if all
other employees covered under the arrangement are employed by
employers who are related to such single employer--
``(A) subsection (a)(1) shall not apply if the sponsor of
the arrangement is the person who would be the plan sponsor
if the related employers were disregarded in determining
whether the requirements of section 3(40)(B) are met, and
``(B) subsection (a)(2) shall be treated as satisfied if
the board of trustees is the named fiduciary in connection
with the arrangement.
``(2) Related employers.--For purposes of paragraph (1),
employers are `related' if there is among all such employers
a common ownership interest or a substantial commonality of
business operations based on common suppliers or customers.
``SEC. 704. OTHER REQUIREMENTS FOR EXEMPTION.
``A multiple employer welfare arrangement exempt under
section 514(b)(6)(B) shall meet the following requirements:
``(1) Contents of governing instruments.--The instruments
governing the arrangement include a written instrument,
meeting the requirements of an instrument required under
section 402(a)(1), which--
``(A) provides that the board of trustees serves as the
named fiduciary required for plans under section 402(a)(1)
and serves in the capacity of a plan administrator (referred
to in section 3(16)(A)),
``(B) provides that the sponsor of the arrangement is to
serve as plan sponsor (referred to in section 3(16)(B)), and
``(C) incorporates the requirements of section 705.
``(2) Contribution rates.--The contribution rates referred
to in section 702(b)(3)(F)(ii) are adequate.
``(3) Regulatory requirements.--Such other requirements as
the Secretary may prescribe by regulation as necessary to
carry out the purposes of this part.
``SEC. 705. MAINTENANCE OF RESERVES.
``(a) In General.--Each multiple employer welfare
arrangement which is or has been exempt under section
514(b)(6)(B) and under which benefits are not fully insured
shall establish and maintain reserves, consisting of--
``(1) a reserve sufficient for unearned contributions,
``(2) a reserve sufficient for benefit liabilities which
have been incurred, which have not been satisfied, and for
which risk of loss has not yet been transferred, and for
expected administrative costs with respect to such benefit
liabilities, and
``(3) a reserve, in an amount recommended by the qualified
actuary, for any other obligations of the arrangement.
``(b) Minimum Amount for Certain Reserves.--The total of
the reserves described in subsection (a)(2) shall not be less
than an amount equal to the greater of--
``(1) 25 percent of expected incurred claims and expenses
for the plan year, or
``(2) $400,000.
``(c) Required Margin.--In determining the amounts of
reserves required under this section in connection with any
multiple employer welfare arrangement, the qualified actuary
shall include a margin for error and other fluctuations
taking into account the specific circumstances of such
arrangement.
``(d) Additional Requirements.--The Secretary may provide
such additional requirements relating to reserves and excess/
stop loss coverage as the Secretary considers appropriate.
Such requirements may be provided, by regulation or
otherwise, with respect to any arrangement or any class of
arrangements.
``(e) Adjustments for Excess/Stop Loss Coverage.--The
Secretary may provide for adjustments to the levels of
reserves otherwise required under subsections (a) and (b)
with respect to any arrangement or class of arrangements to
take into account excess/stop loss coverage provided with
respect to such arrangement or arrangements.
``(f) Alternative Means of Compliance.--The Secretary may
permit an arrangement to substitute, for all or part of the
requirements of this section, such security, guarantee, hold-
harmless arrangement, or other financial arrangement as the
Secretary determines to be adequate to enable the arrangement
to fully meet all its financial obligations on a timely
basis. The Secretary may take into account, for purposes of
this subsection, evidence provided by the arrangement or
sponsor which demonstrates an assumption of liability with
respect to the arrangement. Such evidence may be in the form
of a contract of indemnification, lien, bonding, insurance,
letter of credit, recourse under applicable terms of the
arrangement in the form of assessments of participating
employers, security, or other financial arrangement.
``SEC. 706. NOTICE REQUIREMENTS FOR VOLUNTARY TERMINATION.
``Except as provided in section 707(b), a multiple employer
welfare arrangement which is or has been exempt under section
514(b)(6)(B) may terminate only if the board of trustees--
``(1) not less than 60 days before the proposed termination
date, provides to the participants and beneficiaries a
written notice of intent to terminate stating that such
termination is intended and the proposed termination date,
``(2) develops a plan for winding up the affairs of the
arrangement in connection with such termination in a manner
which will result in timely payment of all benefits for which
the arrangement is obligated, and
``(3) submits such plan in writing to the Secretary.
Actions required under this paragraph shall be taken in such
form and manner as may be prescribed in regulations of the
Secretary.
``SEC. 707. CORRECTIVE ACTIONS AND MANDATORY TERMINATION.
``(a) Actions To Avoid Depletion of Reserves.--A multiple
employer welfare arrangement which is or has been exempt
under section 514(b)(6)(B) shall continue to meet the
requirements of section 705, irrespective of whether such
exemption continues in effect. The board of trustees of such
arrangement shall determine quarterly whether the
requirements of section 705 are met. In any case in which the
committee determines that there is reason to believe that
there is or will be a failure to meet such requirements, or
the Secretary makes such a determination and so notifies the
committee, the committee shall immediately notify the
qualified actuary engaged by the arrangement, and such
actuary shall, not later than the end of the next following
month, make such recommendations to the committee for
corrective action as the actuary determines necessary to
ensure compliance with section 705. Not later than 10 days
after receiving from the actuary recommendations for
corrective actions, the committee shall notify the Secretary
(in such form and manner as the Secretary may prescribe by
regulation) of such recommendations of the actuary for
corrective action, together with a description of the actions
(if any) that the committee has taken or plans to take in
response to such recommendations. The committee shall
thereafter report to the Secretary, in such form and
frequency as the Secretary may specify to the committee,
regarding corrective action taken by the committee until the
requirements of section 705 are met.
[[Page 605]]
``(b) Mandatory Termination.--In any case in which--
``(1) the Secretary has been notified under subsection (a)
of a failure of a multiple employer welfare arrangement which
is or has been exempt under section 514(b)(6)(B) to meet the
requirements of section 705 and has not been notified by the
board of trustees of the arrangement that corrective action
has restored compliance with such requirements, and
``(2) the Secretary determines that the continuing failure
to meet the requirements of section 705 can be reasonably
expected to result in a continuing failure to pay benefits
for which the arrangement is obligated,
the board of trustees of the arrangement shall, at the
direction of the Secretary, terminate the arrangement and, in
the course of the termination, take such actions as the
Secretary may require, including recovering for the
arrangement any liability under section 705(f), as necessary
to ensure that the affairs of the arrangement will be, to the
maximum extent possible, wound up in a manner which will
result in timely provision of all benefits for which the
arrangement is obligated.
``SEC. 708. ADDITIONAL RULES REGARDING STATE AUTHORITY.
``(a) Exclusion of Arrangements From the Small Group Market
in any State Upon State's Certification of Guaranteed Access
to Health Insurance Coverage in Such State.--
``(1) In general.--If a State certifies to the Secretary
that such State provides to its residents guaranteed access
to health insurance coverage, during the period for which
such certification is in effect, the law of such State may
regulate any health care coverage provided in the small group
market in such State (or prohibit the provision of such
coverage) by a multiple employer welfare arrangement which is
otherwise exempt under section 514(b)(6)(B) and whose sponsor
is described in section 703(a)(1), notwithstanding such
exemption. Any such certification shall be in effect for such
period, not greater than 3 years, as is designated in such
certification. Such certification shall apply with respect to
such arrangements as are identified, individually or by
class, in the certification.
``(2) Guaranteed access.--For purposes of this subsection,
the certification by a State that such State provides
`guaranteed access' to health insurance coverage to the
residents of such State means--
``(A) certification that the number of residents of such
State who are covered by a group health plan or otherwise
have health insurance coverage exceeds 90 percent of the
total number of the residents of such State, or
``(B) certification that--
``(i) the small group market in such State provides
guaranteed issue for employees with respect to at least one
option of health insurance coverage offered by insurers and
health maintenance organizations in such market, and
``(ii) the State has implemented rating reforms in the
small group market in such State which are designed to make
health insurance coverage more affordable.
``(b) Exceptions.--
``(1) Certain multistate associations.--Subsection (a)
shall not apply in the case of a multiple employer welfare
arrangement operating in any State which has made a
certification under subsection (a)(2)(B) if--
``(A) in the application for the exemption under section
514(b)(6)(B), the sponsor of such arrangement demonstrates to
the Secretary (in such form and manner as shall be prescribed
in regulations of the Secretary) that--
``(i) such sponsor operates in the majority of the 50
States and in at least 2 of the regions of the United States,
and
``(ii) the arrangement covers, or is to cover (in the case
of a newly established arrangement), at least 7,500
participants and beneficiaries, and
``(B) at the time of such application, the arrangement does
not have pending against it any enforcement action by the
State.
``(2) Existing arrangements.--Subsection (a) shall not
apply with respect to an arrangement operating in any State
if--
``(A) such arrangement was operating in such State as of
March 6, 1996, and
``(B) at the time of the application for the exemption
under section 514(b)(6), the arrangement does not have
pending against it any enforcement action by the State.
``(3) Limitations.--Paragraphs (1) and (2) shall not apply
in the case of any State which has made a certification under
subsection (a) and which, as of January 1, 1996, had enacted
a law that either--
``(A) provided guaranteed issue of individual health
insurance coverage offered by insurers and health maintenance
organizations in the individual market using pure community
rating and did not provide for any transition period (after
the effective date of the guaranteed issue requirement) in
the implementation of pure community rating; or
``(B) required insurers offering health insurance coverage
in connection with group health plans to reimburse insurers
offering individual health insurance coverage for losses
resulting from those insurers offering individual health
insurance coverage on an open enrollment basis.
Regulations under this part may provide for an exemption from
the applicability of paragraph (1) in the case of certain
arrangements that are limited to a single industry.
``(c) Assessment Authority With Respect to New
Arrangements.--
``(1) In general.--Notwithstanding section 514, a State may
impose by law a premium tax on multiple employer welfare
arrangements which are otherwise exempt under section
514(b)(6)(B) and the sponsor of which is described in section
703(a)(1)--
``(A) in the case of an arrangement established after March
6, 1996, and
``(B) in the case of an arrangement in existence as of
March 6, 1996, if the arrangement commenced operations in
such State after March 6, 1996.
``(2) Premium tax.--For purposes of this subsection, the
term `premium tax' imposed by a State on a multiple employer
welfare arrangement means any tax imposed by such State if--
``(A) such tax is computed by applying a rate to the amount
of premiums or contributions received by the arrangement from
participating employers located in such State with respect to
individuals covered under the arrangement who are residents
of such State,
``(B) the rate of such tax does not exceed the rate of any
tax imposed by such State on premiums or contributions
received by insurers or health maintenance organizations for
health insurance coverage offered in such State in connection
with a group health plan,
``(C) such tax is otherwise nondiscriminatory, and
``(D) the amount of any such tax assessed on the
arrangement is reduced by the amount of any tax or assessment
imposed by the State on premiums or contributions received by
insurers or health maintenance organizations for health
insurance coverage (or other insurance related to the
provision of medical care under the arrangement) provided by
such insurers or health maintenance organizations in such
State to such arrangement.
``(d) Definitions.--For purposes of this section--
``(1) Small group market.--The term `small group market'
means the health insurance coverage market under which
individuals obtain health insurance coverage (directly or
through any arrangement) on behalf of themselves (and their
dependents) on the basis of employment or other relationship
with respect to a small employer.
``(2) Small employer.--The term `small employer' means, in
connection with a group health plan with respect to a
calandar year, an employer who employs at least 2 but fewer
than 51 employees on a typical business day in the year. For
purposes of this paragraph, 2 or more trades or businesses,
whether or not incorporated, shall be deemed a single
employer if such trades or businesses are within the same
control group (within the meaning of section 3(40)(B)(ii)).
``(3) Region.--The term `region' means any of the following
regions:
``(A) The East Region, consisting of the States of Maine,
New Hampshire, Vermont, New York, Massachusetts, Rhode
Island, Connecticut, New Jersey, Pennsylvania, Delaware,
Maryland, West Virginia, and Ohio, and the District of
Columbia.
``(B) The Southeast Region, consisting of the States of
Texas, Arkansas, Louisiana, Mississippi, Alabama, Georgia,
Florida, South Carolina, North Carolina, Virginia, and
Tennessee.
``(C) The Midwest Region, consisting of the States of
Montana, South Dakota, North Dakota, Nebraska, Kansas,
Oklahoma, Minnesota, Iowa, Missouri, Wisconsin, Michigan,
Illinois, and Indiana.
``(D) The West Region, consisting of the States of Oregon,
Washington, Idaho, Nevada, California, New Mexico, Arizona,
Nebraska, Wyoming, Hawaii, Alaska, Colorado, and Utah.''.
(b) Conforming Amendments to Preemption Rules.--
(1) Section 514(b)(6)(A)(i) of such Act (29 U.S.C.
1144(b)(6)(A)(i)) is amended by striking ``is fully insured''
and inserting ``under which all benefits are fully insured'',
and by inserting ``and which is not described in section
702(a)(1)'' after ``subparagraph (B)''.
(2) Section 514(b)(6)(B) of such Act (29 U.S.C.
1144(b)(6)(B)) is amended--
(A) by inserting ``(i)'' after ``(B)'';
(B) by striking ``which are not fully insured'' and
inserting ``under which any benefit is not fully insured'';
and
(C) by striking ``Any such exemption'' and inserting:
``(ii) Subject to part 7, any exemption under clause (i)''.
(c) Conforming Amendment to Definition of Plan Sponsor.--
Section 3(16)(B) of such Act (29 U.S.C. 1002(16)(B)) is
amended by adding at the end the following new sentence:
``Such term also includes the sponsor (as defined in section
701(6)) of a multiple employer welfare arrangement which is
or has been a multiple employer health plan (as defined in
section 701(4)).''.
(d) Definitions.--
(1) Group health plan.--Section 3 of such Act (29 U.S.C.
1002) is amended by adding at the end the following new
paragraph:
``(42) Except as otherwise provided in this title, the term
`group health plan' means an employee welfare benefit plan to
the extent that the plan provides medical care (within the
meaning of section 607(1)) to employees or their dependents
(as defined under the terms of the plan) directly or through
insurance, reimbursement, or otherwise.''.
(2) Inclusion of certain partners and self-employed
sponsors in definition of participant.--Section 3(7) of such
Act (29 U.S.C. 1002(7)) is amended--
[[Page 606]]
(A) by inserting ``(A)'' after ``(7)''; and
(B) by adding at the end the following new paragraph:
``(B) In the case of a group health plan, such term
includes--
``(i) in connection with a group health plan maintained by
a partnership, an individual who is a partner in relation to
the partnership, or
``(ii) in connection with a group health plan maintained by
a self-employed individual (under which one or more employees
are participants), the self-employed individual,
if such individual is or may become eligible to receive a
benefit under the plan or such individual's beneficiaries may
be eligible to receive any such benefit.''.
(3) Health insurance coverage.--Section 3 of such Act (as
amended by paragraph (1)) is amended further by adding at the
end the following new paragraph:
``(43)(A) Except as provided in subparagraph (B), the term
`health insurance coverage' means benefits consisting of
medical care (provided directly, through insurance or
reimbursement, or otherwise) under any hospital or medical
service policy or certificate, hospital or medical service
plan contract, or health maintenance organization group
contract offered by an insurer or a health maintenance
organization.
``(B) Such term does not include coverage under any
separate policy, certificate, or contract only for one or
more of any of the following:
``(i) Coverage for accident, credit-only, vision,
disability income, long-term care, nursing home care,
community-based care dental, on-site medical clinics, or
employee assistance programs, or any combination thereof.
``(ii) Medicare supplemental health insurance (within the
meaning of section 1882(g)(1) of the Social Security Act (42
U.S.C. 1395ss(g)(1))) and similar supplemental coverage
provided under a group health plan.
``(iii) Coverage issued as a supplement to liability
insurance.
``(iv) Liability insurance, including general liability
insurance and automobile liability insurance.
``(v) Workers' compensation or similar insurance.
``(vi) Automobile medical-payment insurance.
``(vii) Coverage for a specified disease or illness.
``(viii) Hospital or fixed indemnity insurance.
``(ix) Short-term limited duration insurance.
``(x) Such other coverage, comparable to that described in
previous clauses, as may be specified in regulations.''.
(4) Medical care.--Section 607(1) of such Act (29 U.S.C.
1167(1)) is amended--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(B) by striking ``(as defined'' and all that follows
through ``1986)''; and
(C) by adding at the end the following new subparagraph:
``(B) Medical care.--For purposes of this paragraph, the
term `medical care' means--
``(i) amounts paid for, or items or services in the form
of, the diagnosis, cure, mitigation, treatment, or prevention
of disease, or amounts paid for, or items or services
provided for, the purpose of affecting any structure or
function of the body,
``(ii) amounts paid for, or services in the form of,
transportation primarily for and essential to medical care
referred to in clause (i), and
``(iii) amounts paid for insurance covering medical care
referred to in clauses (i) and (ii).''.
(5) Other definitions.--Section 514 of such Act is further
amended by adding at the end the following new subsection:
``(e) For purposes of this section, the terms `fully
insured', `health maintenance organization', and `insurer'
have the meanings given such terms in section 701.''.
(e) Clerical Amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (as
amended by section 102(g)) is amended by inserting after the
item relating to section 609 the following new items:
``Part 7--Rules Governing Regulation of Multiple Employer Health Plans
``Sec. 701. Definitions.
``Sec. 702. Clarification of duty of the Secretary to implement
provisions of current law provising for exemptions and
solvency standards for multiple employer health plans.
``Sec. 703. Requirements relating to sponsors, boards of trustees, and
plan operations.
``Sec. 704. Other requirements for exemption.
``Sec. 705. Maintenance of reserves.
``Sec. 706. Notice requirements for voluntary termination.
``Sec. 707. Corrective actions and mandatory termination.
``Sec. 708. Additional rules regarding State authority.
SEC. 162. AFFORDABLE AND AVAILABLE FULLY INSURED HEALTH
COVERAGE THROUGH VOLUNTARY HEALTH INSURANCE
ASSOCIATIONS.
Section 514 of the Employee Retirement Income Security Act
of 1974 is amended--
(1) by redesignating subsections (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) The provisions of this title shall supercede any
and all State laws which regulate insurance insofar as they
may now or hereafter--
``(A) preclude an insurer or health maintenance
organization from offering health insurance coverage under
voluntary health insurance associations,
``(B) preclude an insurer or health maintenance
organization from setting premium rates under a voluntary
health insurance association based on the claims experience
of the voluntary health insurance association (without
varying the premium rates of any particular employer on the
basis of the claims experience of such employer alone), or
``(C) require--
``(i) health insurance coverage in connection with a
voluntary health insurance association to include specific
items or services consisting of medical care, or
``(ii) an insurer or health maintenance organization
offering health insurance coverage in connection with a
voluntary health insurance association to include in such
health insurance coverage specific items or services
consisting of medical care,
except to the extent that such State laws prohibit an
exclusion for a specific disease in such health insurance
coverage.
Subparagraph (C) shall apply only with respect to items and
services which shall be specified in a list which shall be
prescribed in regulations of the Secretary.
``(2)(A) If a State certifies to the Secretary that such
State provides to its residents guaranteed access to health
insurance coverage, during the period for which such
certification is in effect, the law of such State may
regulate any health insurance coverage provided in the small
group market in such State (or prohibit the provision of such
coverage) by a voluntary health insurance association. Any
such certification shall be in effect for such period, not
greater than 3 years, as is designated in such certification.
``(B) For purposes of this paragraph, the certification by
a State that such State provides `guaranteed access' to
health insurance coverage to the residents of such State
means--
``(i) certification that the number of residents of such
State who are covered by a group health plan or otherwise
have health insurance coverage exceeds 90 percent of the
total number of the residents of such State, or
``(ii) certification that--
``(I) the small group market in such State provides
guaranteed issue for employees with respect to at least one
option of health insurance coverage offered by insurers and
health maintenance organizations in such market, and
``(II) the State has implemented rating reforms in the
small group market in such State which are designed to make
health insurance coverage more affordable.
``(3)(A) Paragraph (2) shall not apply in the case of any
voluntary health insurance association with respect to any
State if the qualified association demonstrates to the
Secretary (in such form and manner as shall be prescribed in
regulations of the Secretary) that--
``(i) such qualified association operates in the majority
of the 50 States and in at least 2 of the regions of the
United States,
``(ii) the arrangement covers, or is to cover (in the case
of a newly established arrangement), at least 7,500
participants and beneficiaries, and
``(iii) under the terms of the arrangement, either--
``(I) the qualified association does not exclude from
membership any small employer in the State, or
``(II) the arrangement accepts every small employer in the
State that applies for coverage.
``(B)(i) Subject to clause (ii), paragraph (2) shall not
apply with respect to a voluntary health insurance
association operating in any State if such association was
operating in such State as of March 6, 1996.
``(ii) Clause (i) shall apply in the case of an arrangement
in connection with any State only if the qualified
association demonstrates to the Secretary (in such form and
manner as shall be prescribed in regulations of the
Secretary) either--
``(I) that the qualified association does not exclude from
membership any small employer in the State, or
``(II) that the arrangement accepts every small employer in
such State that applies for coverage.
``(C) Subparagraphs (A) and (B) shall not apply in the case
of any State which has made a certification under paragraph
(2) and which, as of January 1, 1996, had enacted a law that
either--
``(i) provided guaranteed issue of individual health
insurance coverage offered by insurers and health maintenance
organizations in the individual market using pure community
rating and did not provide for any transition period (after
the effective date of the guaranteed issue requirement) in
the implementation of pure community rating; or
``(ii) required insurers offering health insurance coverage
in connection with group health plans to reimburse insurers
offering individual health insurance coverage for losses
resulting from those insurers offering individual health
insurance coverage on an open enrollment basis.
``(5) For purposes of this subsection--
``(A) The term `voluntary health insurance association'
means a multiple employer welfare arrangement--
[[Page 607]]
``(i) under which benefits include medical care (within the
meaning of section 607(1)),
``(ii) under which all benefits consisting of such medical
care are fully insured,
``(iii) which is maintained by a qualified association,
``(iv) under which no employer is excluded as a
participating employer (except to the extent that
requirements of the type referred to in section 131(d)(2) of
the Health Coverage Availability and Affordability Act of
1996 are not met), the requirements of section 103 of such
Act (as referred to in section 104(b)(1) of such Act) are
met, and all health insurance coverage options are
aggressively marketed to eligible employees and their
dependents, and
``(v) under which, with respect to the operations of the
arrangement in any State, the health insurance coverage is
provided by an insurer or health maintenance organization to
which the laws of such State applies.
``(B) The term `qualified association' means an association
with respect to which the following requirements are met:
``(i) The sponsor of the association is, and has been
(together with its immediate predecessor, if any) for a
continuous period of not less than 5 years, organized and
maintained in good faith, with a constitution and bylaws
specifically stating its purpose, as a trade association, an
industry association, a professional association, or a
chamber of commerce (or similar business group), for
substantial purposes other than that of obtaining or
providing medical care (within the meaning of section
607(1)).
``(ii) The sponsor of the association is established as a
permanent entity which receives the active support of its
members.
``(iii) The constitution and bylaws of the association
provide for periodic meetings on at least an annual basis.
``(iv) The association collects dues or contributions from
its members on a periodic basis, without conditioning such
dues or contributions on the basis of the health status of
the employees of such members or the dependents of such
employees or on the basis of participation in a group health
plan or voluntary health insurance association.
Such term includes a group of qualified associations, as
defined in the preceding provisions of this clause.
``(C) The term `small group market' means the health
insurance coverage market under which individuals obtain
health insurance coverage (directly or through any
arrangement) on behalf of themselves (and their dependents)
on the basis of employment or other relationship with respect
to a small employer.
``(D) The term `small employer' means, in connection with a
group health plan with respect to a calandar year, an
employer who employs at least 2 but fewer than 51 employees
on a typical business day in the year. For purposes of this
paragraph, 2 or more trades or businesses, whether or not
incorporated, shall be deemed a single employer if such
trades or businesses are within the same control group
(within the meaning of section 3(40)(B)(ii)).
``(E) The term `region' means any of the following regions:
``(i) The East Region, consisting of the States of Maine,
New Hampshire, Vermont, New York, Massachusetts, Rhode
Island, Connecticut, New Jersey, Pennsylvania, Delaware,
Maryland, West Virginia, and Ohio and the District of
Columbia.
``(ii) The Southeast Region, consisting of the States of
Texas, Arkansas, Louisiana, Mississippi, Alabama, Georgia,
Florida, South Carolina, North Carolina, Virginia, and
Tennessee.
``(iii) The Midwest Region, consisting of the States of
Montana, South Dakota, North Dakota, Nebraska, Kansas,
Oklahoma, Minnesota, Iowa, Missouri, Wisconsin, Michigan,
Illinois, and Indiana.
``(iv) The West Region, consisting of the States of Oregon,
Washington, Idaho, Nevada, California, New Mexico, Arizona,
Nebraska, Wyoming, Hawaii, Alaska, Colorado, and Utah.''.
SEC. 163. STATE AUTHORITY FULLY APPLICABLE TO SELF-INSURED
MULTIPLE EMPLOYER WELFARE ARRANGEMENTS
PROVIDING MEDICAL CARE WHICH ARE NOT EXEMPTED
UNDER NEW PART 7.
(a) In General.--Section 514(b)(6)(A)(ii) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1144(b)(6)(A)(ii)) is amended by inserting before the period
the following: ``, except that, in any such case, if the
arrangement provides medical care (within the meaning of
section 607(1)), such a law of any State may apply without
limitation under this title''.
(b) Cross-Reference.--Section 514(b)(6) of such Act (29
U.S.C. 1144(b)(6)) (as amended by section 301) is amended by
adding at the end the following new subparagraph:
``(G) For additional rules relating to exemption from
subparagraph (A)(ii) of multiple employer health plans, see
part 7.''.
SEC. 164. CLARIFICATION OF TREATMENT OF SINGLE EMPLOYER
ARRANGEMENTS.
Section 3(40)(B) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(40)(B)) is amended--
(1) in clause (i), by inserting ``for any plan year of any
such plan, or any fiscal year of any such other
arrangement,'' after ``single employer'', and by inserting
``during such year or at any time during the preceding 1-year
period'' after ``control group'';
(2) in clause (iii)--
(A) by striking ``common control shall not be based on an
interest of less than 25 percent'' and inserting ``an
interest of greater than 25 percent may not be required as
the minimum interest necessary for common control''; and
(B) by striking ``similar to'' and inserting ``consistent
and coextensive with'';
(3) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively; and
(4) by inserting after clause (iii) the following new
clause:
``(iv) in determining, after the application of clause (i),
whether benefits are provided to employees of two or more
employers, the arrangement shall be treated as having only 1
participating employer if, after the application of clause
(i), the number of individuals who are employees and former
employees of any one participating employer and who are
covered under the arrangement is greater than 75 percent of
the aggregate number of all individuals who are employees or
former employees of participating employers and who are
covered under the arrangement,''.
SEC. 165. CLARIFICATION OF TREATMENT OF CERTAIN COLLECTIVELY
BARGAINED ARRANGEMENTS.
(a) In General.--Section 3(40)(A)(i) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(40)(A)(i)) is amended to read as follows:
``(i)(I) under or pursuant to one or more collective
bargaining agreements which are reached pursuant to
collective bargaining described in section 8(d) of the
National Labor Relations Act (29 U.S.C. 158(d)) or paragraph
Fourth of section 2 of the Railway Labor Act (45 U.S.C. 152,
paragraph Fourth) or which are reached pursuant to labor-
management negotiations under similar provisions of State
public employee relations laws, and (II) in accordance with
subparagraphs (C), (D), and (E),''.
(b) Limitations.--Section 3(40) of such Act (29 U.S.C.
1002(40)) is amended by adding at the end the following new
subparagraphs:
``(C) A plan or other arrangement is established or
maintained in accordance with this subparagraph only if the
following requirements are met:
``(i) The plan or other arrangement, and the employee
organization or any other entity sponsoring the plan or other
arrangement, do not--
``(I) utilize the services of any licensed insurance agent
or broker for soliciting or enrolling employers or
individuals as participating employers or covered individuals
under the plan or other arrangement, or
``(II) pay a commission or any other type of compensation
to a person, other than a full time employee of the employee
organization (or a member of the organization to the extent
provided in regulations of the Secretary), that is related
either to the volume or number of employers or individuals
solicited or enrolled as participating employers or covered
individuals under the plan or other arrangement, or to the
dollar amount or size of the contributions made by
participating employers or covered individuals to the plan or
other arrangement,
except to the extent that the services used by the plan,
arrangement, organization, or other entity consist solely of
preparation of documents necessary for compliance with the
reporting and disclosure requirements of part 1 or
administrative, investment, or consulting services unrelated
to solicitation or enrollment of covered individuals.
``(ii) As of the end of the preceding plan year, the number
of covered individuals under the plan or other arrangement
who are identified to the plan or arrangement and who are
neither--
``(I) employed within a bargaining unit covered by any of
the collective bargaining agreements with a participating
employer (nor covered on the basis of an individual's
employment in such a bargaining unit), nor
``(II) present employees (or former employees who were
covered while employed) of the sponsoring employee
organization, of an employer who is or was a party to any of
the collective bargaining agreements, or of the plan or other
arrangement or a related plan or arrangement (nor covered on
the basis of such present or former employment),
does not exceed 15 percent of the total number of individuals
who are covered under the plan or arrangement and who are
present or former employees who are or were covered under the
plan or arrangement pursuant to a collective bargaining
agreement with a participating employer. The requirements of
the preceding provisions of this clause shall be treated as
satisfied if, as of the end of the preceding plan year, such
covered individuals are comprised solely of individuals who
were covered individuals under the plan or other arrangement
as of the date of the enactment of the Health Coverage
Availability and Affordability Act 1996 and, as of the end of
the preceding plan year, the number of such covered
individuals does not exceed 25 percent of the total number of
present and former employees enrolled under the plan or other
arrangement.
``(iii) The employee organization or other entity
sponsoring the plan or other arrangement certifies to the
Secretary each year, in a form and manner which shall be
prescribed in regulations of the Secretary that the plan or
other arrangement meets the requirements of clauses (i) and
(ii).
``(D) A plan or arrangement is established or maintained in
accordance with this subparagraph only if--
``(i) all of the benefits provided under the plan or
arrangement are fully insured (as defined in section 701(2)),
or
``(ii)(I) the plan or arrangement is a multiemployer plan,
and
``(II) the requirements of clause (B) of the proviso to
clause (5) of section 302(c) of the Labor Management
Relations Act, 1947 (29
[[Page 608]]
U.S.C. 186(c)) are met with respect to such plan or other
arrangement.
``(E) A plan or arrangement is established or maintained in
accordance with this subparagraph only if--
``(i) the plan or arrangement is in effect as of the date
of the enactment of the Health Coverage Availability and
Affordability Act of 1996, or
``(ii) the employee organization or other entity sponsoring
the plan or arrangement--
``(I) has been in existence for at least 3 years or is
affiliated with another employee organization which has been
in existence for at least 3 years, or
``(II) demonstrates to the satisfaction of the Secretary
that the requirements of subparagraphs (C) and (D) are met
with respect to the plan or other arrangement.''.
(c) Conforming Amendments to Definitions of Participant and
Beneficiary.--Section 3(7) of such Act (29 U.S.C. 1002(7)) is
amended by adding at the end the following new sentence:
``Such term includes an individual who is a covered
individual described in paragraph (40)(C)(ii).''.
SEC. 166. TREATMENT OF CHURCH PLANS.
(a) Special Rules for Church Plans.--
(1) In general.--Part 7 of subtitle B of title I of such
Act (as added and amended by the preceding provisions of this
Act) is amended by adding at the end the following new
section:
``SEC. 709. SPECIAL RULES FOR CHURCH PLANS.
``(a) Election for Church Plans.--
``(1) In general.--Notwithstanding section 4(b)(2), if the
church or convention or association of churches which
maintains a church plan covered under this section makes an
election with respect to such plan under this subsection (in
such form and manner as the Secretary may by regulations
prescribe), then, subject to this section, the provisions of
this part (and other provisions of this title to the extent
that they apply to group health plans which are multiple
employer welfare arrangements) shall apply to such church
plan, with respect to benefits provided under such plan
consisting of medical care, as if--
``(A) section 4(b)(2) did not contain an exclusion for
church plans, and
``(B) such plan were an arrangement eligible to apply for
an exemption under this part.
``(2) Election irrevocable.--An election under this
subsection with respect to any church plan shall be binding
with respect to such plan, and, once made, shall be
irrevocable.
``(b) Covered Church Plans.--A church plan is covered under
this section if such plan provides benefits which include
medical care and some or all of such benefits are not fully
insured.
``(c) Sponsor and Board of Trustees.--For purposes of this
part, in the case of a church plan to which this part applies
pursuant to an election under subsection (a), in treating
such plan as if it were a multiple employer welfare
arrangement under this part--
``(1) the church, convention or association of churches, or
other organization described in section 3(33)(C)(i) which is
the entity maintaining the plan shall be treated as the
sponsor referred to in section 703(a)(1), and the
requirements of section 703(a)(1) shall not apply, and
``(2) the board of trustees, board of directors, or other
similar governing body of such sponsor shall be treated as
the board of trustees referred to in section 703(a)(2), and
the requirements of section 703(a)(2) shall be deemed
satisfied with respect to the board of trustees.
``(d) Deemed Satisfaction of Trust Requirements.--The
requirements of section 403 shall not be treated as not
satisfied with respect to a church plan to which this part
applies pursuant to an election under subsection (a) solely
because assets of the plan are held by an organization
described in section 3(33)(C)(i), if--
``(1) such organization is incorporated separately from the
church or convention or association of churches involved, and
``(2) such assets with respect to medical care are
separately accounted for.
``(e) Deemed Satisfaction of Exclusive Benefit
Requirements.--The requirements of section 404 shall not be
treated as not satisfied with respect to a church plan to
which this part applies pursuant to an election under
subsection (a) solely because assets of the plan which are in
excess of reserves required for exemption under section
514(b)(6)(B) are held in a fund in which such assets are
pooled with assets of other church plans, if the assets held
by such fund may not, under the terms of the plan and the
terms governing such fund, be used for, or diverted to, any
purpose other than for the exclusive benefit of the
participants and beneficiaries of the church plans whose
assets are pooled in such fund.
``(f) Inapplicability of Certain Provisions.--
``(1) Prohibited transactions.--Section 406 shall not apply
to a church plan by reason of an election under subsection
(a).
``(2) Continuation coverage.--Section 601 shall not apply
to a church plan by reason of an election under subsection
(a).''.
(b) Conforming Amendments.--
(1) Section 4(b)(2) of such Act (29 U.S.C. 1003(b)(2)) is
amended by inserting before the semicolon the following: ``,
except with respect to provisions made applicable under any
election made under section 704(a) of this Act''.
(2) Section 514 of such Act (29 U.S.C. 1144) is amended--
(A) in subsection (a), by inserting ``(including a church
plan which is not exempt under section 4(b)(2) by reason of
an election under section 704)'' before the period in the
first sentence; and
(B) in subsection (b)(2)(B), by inserting ``and including a
church plan which is not exempt under section 4(b)(2) by
reason of an election under section 704'' after ``death
benefits''.
(c) Clerical Amendment.--The table of contents in section 1
of such Act (as amended by the preceding provisions of this
title) is further amended by inserting after the item
relating to section 703 the following new item:
``Sec. 709. Special rules for church plans.''.
SEC. 167. ENFORCEMENT PROVISIONS RELATING TO MULTIPLE
EMPLOYER WELFARE ARRANGEMENTS.
(a) Enforcement of Filing Requirements.--Section 502 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1132) (as amended by sections 102(c)) is further amended--
(1) in subsection (a)(6), by striking ``paragraph (2) or
(5)'' and inserting ``paragraph (2), (5), or (6)''; and
(2) by adding at the end of subsection (c) the following
new paragraph:
``(6) The Secretary may assess a civil penalty against any
person of up to $1,000 a day from the date of such person's
failure or refusal to file the information required to be
filed with the Secretary under section 101(g).''.
(b) Actions by States in Federal Court.--Section 502(a) of
such Act (29 U.S.C. 1132(a)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period and inserting
``, or''; and
(3) by adding at the end the following:
``(10) by a State official having authority under the law
of such State to enforce the laws of such State regulating
insurance, to enjoin any act or practice which violates any
requirement under part 7 for an exemption under section
514(b)(6)(B) which such State has the power to enforce
pursuant to section 506(c)(1).''.
(c) Criminal Penalties for Certain Willful
Misrepresentations.--Section 501 of such Act (29 U.S.C. 1131)
is amended--
(1) by inserting ``(a)'' after ``Sec. 501.''; and
(2) by adding at the end the following new subsection:
``(b) Any person who, either willfully or with willful
blindness, falsely represents, to any employee, any
employee's beneficiary, any employer, the Secretary, or any
State, an arrangement established or maintained for the
purpose of offering or providing any benefit described in
section 3(1) to employees or their beneficiaries as--
``(1) being a multiple employer welfare arrangement to
which an exemption has been granted under section
514(b)(6)(B),
``(2) having been established or maintained under or
pursuant to one or more collective bargaining agreements
which are reached pursuant to collective bargaining described
in section 8(d) of the National Labor Relations Act (29
U.S.C. 158(d)) or paragraph Fourth of section 2 of the
Railway Labor Act (45 U.S.C. 152, paragraph Fourth) or which
are reached pursuant to labor-management negotiations under
similar provisions of State public employee relations laws,
or
``(3) being a plan or arrangement with respect to which the
requirements of subparagraph (C), (D), or (E) of section
3(40) are met,
shall, upon conviction, be imprisoned not more than five
years, be fined under title 18, United States Code, or
both.''.
(d) Cessation of Activities in Absence of Effective State
Regulation unless Standards under ERISA Exemption Are Met.--
Section 502 of such Act (29 U.S.C. 1132) is amended by adding
at the end the following new subsection:
``(n)(1) Subject to paragraph (2), upon application by the
Secretary showing the operation, promotion, or marketing of a
multiple employer welfare arrangement providing benefits
consisting of medical care (within the meaning of section
607(1)) that--
``(A) is not licensed, registered, or otherwise approved
under the insurance laws of the States in which the
arrangement offers or provides benefits, and
``(B) if there is in effect with respect to such
arrangement an exemption under section 514(b)(6)(B), is not
operating in accordance with the requirements under part 7
for such an exemption,
a district court of the United States shall enter an order
requiring that the arrangement cease activities.
``(2) Paragraph (1) shall not apply in the case of a
multiple employer welfare arrangement if the arrangement
shows that--
``(A) all benefits under it referred to in paragraph (1)
are fully insured, within the meaning of section 701(1), and
``(B) with respect to each State in which the arrangement
offers or provides benefits, the arrangement is operating in
accordance with applicable State insurance laws that are not
superseded under section 514.
``(3) The court may grant such additional equitable relief,
including any relief available under this title, as it deems
necessary to protect the interests of the public and of
persons having claims for benefits against the
arrangement.''.
(e) Responsibility for Claims Procedure.--Section 503 of
such Act (29 U.S.C. 1133) is amended by adding at the end
(after and below paragraph (2)) the following new
[[Page 609]]
sentence: ``The terms of each multiple employer health plan
(within the meaning of section 701(4)) shall require the
board of trustees or the named fiduciary (as applicable) to
ensure that the requirements of this section are met in
connection with claims filed under the plan.''.
SEC. 168. COOPERATION BETWEEN FEDERAL AND STATE AUTHORITIES.
Section 506 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1136) is amended by adding at the end the
following new subsection:
``(c) State Authority With Respect to Multiple Employer
Welfare Arrangements.--
``(1) State enforcement.--
``(A) Agreements with states.--A State may enter into an
agreement with the Secretary for delegation to the State of
some or all of the Secretary's authority under sections 502
and 504 to enforce the requirements under section 514(d) or
the requirements under part 7 for an exemption under section
514(b)(6)(B). The Secretary shall enter into the agreement if
the Secretary determines that the delegation provided for
therein would not result in a lower level or quality of
enforcement of the provisions of this title.
``(B) Delegations.--Any department, agency, or
instrumentality of a State to which authority is delegated
pursuant to an agreement entered into under this paragraph
may, if authorized under State law and to the extent
consistent with such agreement, exercise the powers of the
Secretary under this title which relate to such authority.
``(C) Concurrent authority of the secretary.--If the
Secretary delegates authority to a State in an agreement
entered into under subparagraph (A), the Secretary may
continue to exercise such authority concurrently with the
State.
``(D) Recognition of primary domicile state.--In entering
into any agreement with a State under subparagraph (A), the
Secretary shall ensure that, as a result of such agreement
and all other agreements entered into under subparagraph (A),
only one State will be recognized, with respect to any
particular multiple employer welfare arrangement, as the
primary domicile State to which authority has been delegated
pursuant to such agreements.
``(2) Assistance to states.--The Secretary shall--
``(A) provide enforcement assistance to the States with
respect to multiple employer welfare arrangements, including,
but not limited to, coordinating Federal and State efforts
through the establishment of cooperative agreements with
appropriate State agencies under which the Pension and
Welfare Benefits Administration keeps the States informed of
the status of its cases and makes available to the States
information obtained by it,
``(B) provide continuing technical assistance to the States
with respect to issues involving multiple employer welfare
arrangements and this Act,
``(C) make readily available to the States timely and
complete responses to requests for advisory opinions on
issues described in subparagraph (B), and
``(D) distribute copies of all advisory opinions described
in subparagraph (C) to the State insurance commissioner of
each State.''.
SEC. 169. FILING AND DISCLOSURE REQUIREMENTS FOR MULTIPLE
EMPLOYER WELFARE ARRANGEMENTS OFFERING HEALTH
BENEFITS.
(a) In General.--Section 101 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Registration of Multiple Employer Welfare
Arrangements.--(1) Each multiple employer welfare arrangement
shall file with the Secretary a registration statement
described in paragraph (2) within 60 days before commencing
operations (in the case of an arrangement commencing
operations on or after January 1, 1997) and no later than
February 15 of each year (in the case of an arrangement in
operation since the beginning of such year), unless, as of
the date by which such filing otherwise must be made, such
arrangement provides no benefits consisting of medical care
(within the meaning of section 607(1))).
``(2) Each registration statement--
``(A) shall be filed in such form, and contain such
information concerning the multiple employer welfare
arrangement and any persons involved in its operation
(including whether coverage under the arrangement is fully
insured), as shall be provided in regulations which shall be
prescribed by the Secretary, and
``(B) if any benefits under the arrangement consisting of
medical care (within the meaning of section 607(1)) are not
fully insured, shall contain a certification that copies of
such registration statement have been transmitted by
certified mail to--
``(i) in the case of an arrangement which is a multiple
employer health plan (as defined in section 701(4)), the
State insurance commissioner of the domicile State of such
arrangement, or
``(ii) in the case of an arrangement which is not a
multiple employer health plan, the State insurance
commissioner of each State in which the arrangement is
located.
``(3) The person or persons responsible for filing the
annual registration statement are--
``(A) the trustee or trustees so designated by the terms of
the instrument under which the multiple employer welfare
arrangement is established or maintained, or
``(B) in the case of a multiple employer welfare
arrangement for which the trustee or trustees cannot be
identified, or upon the failure of the trustee or trustees of
an arrangement to file, the person or persons actually
responsible for the acquisition, disposition, control, or
management of the cash or property of the arrangement,
irrespective of whether such acquisition, disposition,
control, or management is exercised directly by such person
or persons or through an agent designated by such person or
persons.
``(4) Any agreement entered into under section 506(c) with
a State as the primary domicile State with respect to any
multiple employer welfare arrangement shall provide for
simultaneous filings of reports required under this
subsection with the Secretary and with the State insurance
commissioner of such State.
``(5) For purposes of this subsection, the term `domicile
State' means, in connection with a multiple employer welfare
arrangement, the State in which, according to the application
for an exemption under this 514(b)(6)(B), most individuals to
be covered under the arrangement are located, except that, in
any case in which information contained in the latest annual
report of the arrangement filed under this part indicates
that most individuals covered under the arrangement are
located in a different State, such term means such different
State.
``(6) The Secretary may exempt from the requirements of
this subsection such class of multiple employer welfare
arrangements as the Secretary deems appropriate.
``(h) Filing Requirements for Multiple Employer Welfare
Arrangements.--
``(1) In general.--A multiple employer welfare arrangement
which provides benefits consisting of medical care (within
the meaning of section 607(1)) shall issue to each
participating employer--
``(A) a document equivalent to the summary plan description
required of plans under this part,
``(B) information describing the contribution rates
applicable to participating employers, and
``(C) a statement indicating--
``(i) that the arrangement is not a licensed insurer under
the laws of any State,
``(ii) the extent to which any benefits under the
arrangement are fully insured,
``(iii) if any benefits under the arrangement are not fully
insured, whether the arrangement has been granted an
exemption under section 514(b)(6)(B) (or whether such an
exemption has ceased to be effective).
``(2) Time for disclosure.--Such information shall be
issued to employers within such reasonable period of time
before becoming participating employers as may be prescribed
in regulations of the Secretary.''.
(b) Effective Dates.--Section 101(g) of the Employee
Retirement Income Security Act of 1974 (added by subsection
(a)) shall take effect on the date of the enactment of this
Act. Section 101(h) of such Act (added by subsection (a))
shall take effect as provided in section 171.
SEC. 170. SINGLE ANNUAL FILING FOR ALL PARTICIPATING
EMPLOYERS.
(a) In General.--Section 110 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1030) is amended by
adding at the end the following new subsection:
``(c) The Secretary shall prescribe by regulation or
otherwise an alternative method providing for the filing of a
single annual report (as referred to in section 104(a)(1)(A))
with respect to all employers who are participating employers
under a multiple employer welfare arrangement under which all
coverage consists of medical care (within the meaning of
section 607(1)) and is fully insured (as defined in section
701(1)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
The Secretary of Labor shall prescribe the alternative method
referred to in section 110(c) of the Employee Retirement
Income Security Act of 1974, as added by such amendment,
within 90 days after the date of the enactment of this Act.
SEC. 171. EFFECTIVE DATE; TRANSITIONAL RULE.
(a) Effective Date.--Except as otherwise provided in
section 170(b), the amendments made by this subtitle shall
take effect January 1, 1998. The Secretary shall issue all
regulations necessary to carry out the amendments made by
this subtitle before January 1, 1998.
(b) Transitional Rule.--
(1) In general.--If the sponsor of a multiple employer
welfare arrangement which, as of the effective date specified
in subsection (a), provides benefits consisting of medical
care (within the meaning of section 607(1) of the Employee
Retirement Income Security Act of 1974) files with the
Secretary of Labor an application for an exemption under
section 514(b)(6)(B) of such Act within 180 days after such
date and the Secretary has not, as of 90 days after receipt
of such application, found such application to be materially
deficient, then section 514(b)(6)(A) of such Act (29 U.S.C.
1144(b)(6)(A)) shall not apply with respect to such
arrangement during the period following such date and ending
on the earlier of--
(A) the date on which the Secretary denies the application
under the amendments made by this title or determines, in the
Secretary's sole discretion, that such exclusion from
coverage under the provisions of such section 514(b)(6)(A) of
such arrangement
[[Page 610]]
would be detrimental to the interests of individuals covered
under such arrangement, or
(B) 18 months after such effective date.
(2) No pending state action.--Subparagraph (A) shall apply
in the case of an arrangement only if, at the time of the
application for the exemption under section 514(b)(6)(B), the
arrangement does not have pending against it an enforcement
action by a State.
Subtitle D--Definitions; General Provisions
SEC. 191. DEFINITIONS; SCOPE OF COVERAGE.
(a) Group Health Plan.--
(1) Definition.--Subject to the succeeding provisions of
this subsection and subsection (d)(1), the term ``group
health plan'' means an employee welfare benefit plan to the
extent that the plan provides medical care (as defined in
subsection (c)(9)) to employees or their dependents (as
defined under the terms of the plan) directly or through
insurance, reimbursement, or otherwise, and includes a group
health plan (within the meaning of section 5000(b)(1) of the
Internal Revenue Code of 1986).
(2) Limitation of requirements to plans with 2 or more
employee participants.--The requirements of subtitle A and
part 1 of subtitle B shall apply in the case of a group
health plan for any plan year, or for health insurance
coverage offered in connection with a group health plan for a
year, only if the group health plan has two or more
participants as current employees on the first day of the
plan year.
(3) Exclusion of plans with limited coverage.--An employee
welfare benefit plan shall be treated as a group health plan
under this title only with respect to medical care which is
provided under the plan and which does not consist of
coverage excluded from the definition of health insurance
coverage under subsection (c)(4)(B).
(4) Treatment of church plans.--
(A) Exclusion.--The requirements of this title insofar as
they apply to group health plans shall not apply to church
plans.
(B) Optional disregard in determining period of coverage.--
For purposes of applying section 101(b)(3)(B)(i), a group
health plan may elect to disregard periods of coverage of an
individual under a church plan that, pursuant to subparagraph
(A), is not subject to the requirements of this title.
(5) Treatment of governmental plans.--
(A) Election to be excluded.--If the plan sponsor of a
governmental plan which is a group health plan to which the
provisions of this subtitle otherwise apply makes an election
under this paragraph for any specified period (in such form
and manner as the Secretary of Health and Human Services may
by regulations prescribe), then the requirements of this
title insofar as they apply to group health plans shall not
apply to such governmental plans for such period.
(B) Optional disregard in determining period of coverage if
election made.--For purposes of applying section
101(b)(3)(B)(i), a group health plan may elect to disregard
periods of coverage of an individual under a governmental
plan that, under an election under subparagraph (A), is not
subject to the requirements of this title.
(6) Treatment of medicaid plan as group health plan.--A
State plan under title XIX of the Social Security Act shall
be treated as a group health plan for purposes of applying
section 101(c)(1), unless the State elects not to be so
treated.
(7) Treatment of medicare and indian health service
programs as group health plan.--Title XVIII of the Social
Security Act and a program of the Indian Health Service shall
be treated as a group health plan for purposes of applying
section 101(c)(1).
(b) Incorporation of Certain Definitions in Employee
Retirement Income Security Act of 1974.--Except as provided
in this section, the terms ``beneficiary'', ``church plan'',
``employee'', ``employee welfare benefit plan'',
``employer'', ``governmental plan'', ``multiemployer plan'',
``multiple employer welfare arrangement'', ``participant'',
``plan sponsor'', and ``State'' have the meanings given such
terms in section 3 of the Employee Retirement Income Security
Act of 1974.
(c) Other Definitions.--For purposes of this title:
(1) Applicable state authority.--The term ``applicable
State authority'' means, with respect to an insurer or health
maintenance organization in a State, the State insurance
commissioner or official or officials designated by the State
to enforce the requirements of this title for the State
involved with respect to such insurer or organization.
(2) Bona fide association.--The term ``bona fide
association'' means an association which--
(A) has been actively in existence for at least 5 years,
(B) has been formed and maintained in good faith for
purposes other than obtaining insurance,
(C) does not condition membership in the association on
health status,
(D) makes health insurance coverage offered through the
association available to all members regardless of health
status,
(E) does not make health insurance coverage offered through
the association available to any individual who is not a
member (or dependent of a member) of the association at the
time the coverage is initially issued,
(F) does not impose preexisting condition exclusions except
in a manner consistent with the requirements of sections 101
and 102 as they relate to group health plans, and
(G) provides for renewal and continuation of health
insurance coverage in a manner consistent with the
requirements of section 132 as they relate to the renewal and
continuation in force of coverage in a group market.
(3) COBRA continuation provision.--The term ``COBRA
continuation provision'' means any of the following:
(A) Section 4980B of the Internal Revenue Code of 1986,
other than subsection (f)(1) of such section insofar as it
relates to pediatric vaccines.
(B) Part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1161 et
seq.), other than section 609.
(C) Title XXII of the Public Health Service Act.
(4) Health insurance coverage.--
(A) In general.--Except as provided in subparagraph (B),
the term ``health insurance coverage'' means benefits
consisting of medical care (provided directly, through
insurance or reimbursement, or otherwise) under any hospital
or medical service policy or certificate, hospital or medical
service plan contract, or health maintenance organization
group contract offered by an insurer or a health maintenance
organization.
(B) Exception.--Such term does not include coverage under
any separate policy, certificate, or contract only for one or
more of any of the following:
(i) Coverage for accident, credit-only, vision, disability
income, long-term care, nursing home care, community-based
care dental, on-site medical clinics, or employee assistance
programs, or any combination thereof.
(ii) Medicare supplemental health insurance (within the
meaning of section 1882(g)(1) of the Social Security Act (42
U.S.C. 1395ss(g)(1))) and similar supplemental coverage
provided under a group health plan.
(iii) Coverage issued as a supplement to liability
insurance.
(iv) Liability insurance, including general liability
insurance and automobile liability insurance.
(v) Workers' compensation or similar insurance.
(vi) Automobile medical-payment insurance.
(vii) Coverage for a specified disease or illness.
(viii) Hospital or fixed indemnity insurance.
(ix) Short-term limited duration insurance.
(x) Such other coverage, comparable to that described in
previous clauses, as may be specified in regulations
prescribed under this title.
(5) Health maintenance organization; hmo.--The terms
``health maintenance organization'' and ``HMO'' mean--
(A) a Federally qualified health maintenance organization
(as defined in section 1301(a) of the Public Health Service
Act (42 U.S.C. 300e(a))),
(B) an organization recognized under State law as a health
maintenance organization, or
(C) a similar organization regulated under State law for
solvency in the same manner and to the same extent as such a
health maintenance organization,
if (other than for purposes of part 2 of subtitle B) it is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974).
(6) Health status.--The term ``health status'' includes,
with respect to an individual, medical condition, claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability.
(7) Individual health insurance coverage.--The term
``individual health insurance coverage'' means health
insurance coverage offered to individuals if the coverage is
not offered in connection with a group health plan (other
than such a plan that has fewer than two participants as
current employees on the first day of the plan year).
(8) Insurer.--The term ``insurer'' means an insurance
company, insurance service, or insurance organization which
is licensed to engage in the business of insurance in a State
and which (except for purposes of part 2 of subtitle B) is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2)(A) of the Employee Retirement
Income Security Act of 1974).
(9) Medical care.--The term ``medical care'' means--
(A) amounts paid for, or items or services in the form of,
the diagnosis, cure, mitigation, treatment, or prevention of
disease, or amounts paid for, or items or services provided
for, the purpose of affecting any structure or function of
the body,
(B) amounts paid for, or services in the form of,
transportation primarily for and essential to medical care
referred to in subparagraph (A), and
(C) amounts paid for insurance covering medical care
referred to in subparagraphs (A) and (B).
(10) Network plan.--The term ``network plan'' means, with
respect to health insurance coverage, an arrangement of an
insurer or a health maintenance organization under which the
financing and delivery of medical care are provided, in whole
or in part, through a defined set of providers under contract
with the insurer or health maintenance organization.
[[Page 611]]
(11) Waiting period.--The term ``waiting period'' means,
with respect to a group health plan and an individual who is
a potential participant or beneficiary in the plan, the
minimum period that must pass with respect to the individual
before the individual is eligible to be covered for benefits
under the plan.
(d) Treatment of Partnerships.--
(1) Treatment as a group health plan.--Any plan, fund, or
program which would not be (but for this paragraph) an
employee welfare benefit plan and which is established or
maintained by a partnership, to the extent that such plan,
fund, or program provides medical care to present or former
partners in the partnership or to their dependents (as
defined under the terms of the plan, fund, or program),
directly or through insurance, reimbursement, or otherwise,
shall be treated (subject to paragraph (1)) as an employee
welfare benefit plan which is a group health plan.
(2) Treatment of partnership and partners and employer and
participants.--In the case of a group health plan--
(A) the term ``employer'' includes the partnership in
relation to any partner; and
(B) the term ``participant'' includes--
(i) in connection with a group health plan maintained by a
partnership, an individual who is a partner in relation to
the partnership, or
(ii) in connection with a group health plan maintained by a
self-employed individual (under which one or more employees
are participants), the self-employed individual,
if such individual is or may become eligible to receive a
benefit under the plan or such individual's beneficiaries may
be eligible to receive any such benefit.
(e) Definitions Relating to Markets and Small Employers.--
As used in this title:
(1) Individual market.--The term ``individual market''
means the market for health insurance coverage offered to
individuals and not to employers or in connection with a
group health plan and does not include the market for such
coverage issued only by an insurer or HMO that makes such
coverage available only on the basis of affiliation with a
bona fide association (as defined in subsection (c)(2)).
(2) Large group market.--The term ``large group market''
means the market for health insurance coverage offered to
employers (other than small employers) on behalf of their
employees (and their dependents) and does not include health
insurance coverage available solely in connection with a bona
fide association (as defined in subsection (c)(2)).
(3) Small employer.--The term ``small employer'' means, in
connection with a group health plan with respect to a
calendar year, an employer who employs at least 2 but fewer
than 51 employees on a typical business day in the year. All
persons treated as a single employer under subsection (a) or
(b) of section 52 of the Internal Revenue Code of 1986 shall
be treated as a single employer for purposes of this title.
(4) Small group market.--The term ``small group market''
means the health insurance market under which individuals
obtain health insurance coverage (directly or through any
arrangement) on behalf of themselves (and their dependents)
on the basis of employment or other relationship with respect
to a small employer and does not include health insurance
coverage available solely in connection with a bona fide
association (as defined in subsection (c)(2)).
SEC. 192. STATE FLEXIBILITY TO PROVIDE GREATER PROTECTION.
(a) State Flexibility To Provide Greater Protection.--
Subject to subsection (b), nothing in this subtitle or
subtitle A or B shall be construed to preempt State laws--
(1) that relate to matters not specifically addressed in
such subtitles; or
(2) that require insurers or HMOs--
(A) to impose a limitation or exclusion of benefits
relating to the treatment of a preexisting condition for a
period that is shorter than the applicable period provided
for under such subtitles;
(B) to allow individuals, participants, and beneficiaries
to be considered to be in a period of previous qualifying
coverage if such individual, participant, or beneficiary
experiences a lapse in coverage that is greater than the 60-
day periods provided for under sections 101(b)(3)(A),
101(b)(3)(B)(ii), and 102(b)(2); or
(C) in defining pre-existing condition, to have a look-back
period that is shorter than the 6-month period described in
section 101(b)(1)(A).
(b) No Override of ERISA Preemption.--Except as provided
specifically in subtitle C, nothing in this Act shall be
construed to affect or modify the provisions of section 514
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144).
SEC. 193. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided for in this
title, the provisions of this title shall apply with respect
to--
(1) group health plans, and health insurance coverage
offered in connection with group health plans, for plan years
beginning on or after January 1, 1998, and
(2) individual health insurance coverage issued, renewed,
in effect, or operated on or after July 1, 1998.
(b) Consideration of Previous Coverage.--The Secretaries of
Health and Human Services, Treasury, and Labor shall jointly
establish rules regarding the treatment (in determining
qualified coverage periods under sections 102(b) and 141(b))
of coverage before the applicable effective date specified in
subsection (a).
(c) Timely Issuance of Regulations.--The Secretaries of
Health and Human Services, the Treasury, and Labor shall
issue such regulations on a timely basis as may be required
to carry out this title.
SEC. 194. RULE OF CONSTRUCTION.
Nothing in this title or any amendment made thereby may be
construed to require (or to authorize any regulation that
requires) the coverage of any specific procedure, treatment,
or service under a group health plan or health insurance
coverage.
SEC. 195. FINDINGS RELATING TO EXERCISE OF COMMERCE CLAUSE
AUTHORITY.
Congress finds the following in relation to the provisions
of this title:
(1) Provisions in group health plans and health insurance
coverage that impose certain pre-existing conditions impact
the ability of employees to seek employment in interstate
commerce, thereby impeding such commerce.
(2) Health insurance coverage is commercial in nature and
is in and affects interstate commerce.
(3) It is a necessary and proper exercise of Congressional
authority to impose requirements under this title on group
health plans and health insurance coverage (including
coverage offered to individuals previously covered under
group health plans) in order to promote commerce among the
States.
(4) Congress, however, intends to defer to States, to the
maximum extent practicable, in carrying out such requirements
with respect to insurers and health maintenance organizations
that are subject to State regulation, consistent with the
provisions of the Employee Retirement Income Security Act of
1974.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE
SIMPLIFICATION; MEDICAL LIABILITY REFORM
SEC. 200. REFERENCES IN TITLE.
Except as otherwise specifically provided, whenever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
Subtitle A--Fraud and Abuse Control Program
SEC. 201. FRAUD AND ABUSE CONTROL PROGRAM.
(a) Establishment of Program.--Title XI (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1128B the
following new section:
``fraud and abuse control program
``Sec. 1128C. (a) Establishment of Program.--
``(1) In general.--Not later than January 1, 1997, the
Secretary, acting through the Office of the Inspector General
of the Department of Health and Human Services, and the
Attorney General shall establish a program--
``(A) to coordinate Federal, State, and local law
enforcement programs to control fraud and abuse with respect
to health plans,
``(B) to conduct investigations, audits, evaluations, and
inspections relating to the delivery of and payment for
health care in the United States,
``(C) to facilitate the enforcement of the provisions of
sections 1128, 1128A, and 1128B and other statutes applicable
to health care fraud and abuse,
``(D) to provide for the modification and establishment of
safe harbors and to issue advisory opinions and special fraud
alerts pursuant to section 1128D, and
``(E) to provide for the reporting and disclosure of
certain final adverse actions against health care providers,
suppliers, or practitioners pursuant to the data collection
system established under section 1128E.
``(2) Coordination with health plans.--In carrying out the
program established under paragraph (1), the Secretary and
the Attorney General shall consult with, and arrange for the
sharing of data with representatives of health plans.
``(3) Guidelines.--
``(A) In general.--The Secretary and the Attorney General
shall issue guidelines to carry out the program under
paragraph (1). The provisions of sections 553, 556, and 557
of title 5, United States Code, shall not apply in the
issuance of such guidelines.
``(B) Information guidelines.--
``(i) In general.--Such guidelines shall include guidelines
relating to the furnishing of information by health plans,
providers, and others to enable the Secretary and the
Attorney General to carry out the program (including
coordination with health plans under paragraph (2)).
``(ii) Confidentiality.--Such guidelines shall include
procedures to assure that such information is provided and
utilized in a manner that appropriately protects the
confidentiality of the information and the privacy of
individuals receiving health care services and items.
``(iii) Qualified immunity for providing information.--The
provisions of section 1157(a) (relating to limitation on
liability) shall apply to a person providing information to
the Secretary or the Attorney General in conjunction with
their performance of duties under this section.
``(4) Ensuring access to documentation.--The Inspector
General of the Department of Health and Human Services is
authorized to
[[Page 612]]
exercise such authority described in paragraphs (3) through
(9) of section 6 of the Inspector General Act of 1978 (5
U.S.C. App.) as necessary with respect to the activities
under the fraud and abuse control program established under
this subsection.
``(5) Authority of inspector general.--Nothing in this Act
shall be construed to diminish the authority of any Inspector
General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.).
``(b) Additional Use of Funds by Inspector General.--
``(1) Reimbursements for investigations.--The Inspector
General of the Department of Health and Human Services is
authorized to receive and retain for current use
reimbursement for the costs of conducting investigations and
audits and for monitoring compliance plans when such costs
are ordered by a court, voluntarily agreed to by the payor,
or otherwise.
``(2) Crediting.--Funds received by the Inspector General
under paragraph (1) as reimbursement for costs of conducting
investigations shall be deposited to the credit of the
appropriation from which initially paid, or to appropriations
for similar purposes currently available at the time of
deposit, and shall remain available for obligation for 1 year
from the date of the deposit of such funds.
``(c) Health Plan Defined.--For purposes of this section,
the term `health plan' means a plan or program that provides
health benefits, whether directly, through insurance, or
otherwise, and includes--
``(1) a policy of health insurance;
``(2) a contract of a service benefit organization; and
``(3) a membership agreement with a health maintenance
organization or other prepaid health plan.''.
(b) Establishment of Health Care Fraud and Abuse Control
Account in Federal Hospital Insurance Trust Fund.--Section
1817 (42 U.S.C. 1395i) is amended by adding at the end the
following new subsection:
``(k) Health Care Fraud and Abuse Control Account.--
``(1) Establishment.--There is hereby established in the
Trust Fund an expenditure account to be known as the `Health
Care Fraud and Abuse Control Account' (in this subsection
referred to as the `Account').
``(2) Appropriated amounts to trust fund.--
``(A) In general.--There are hereby appropriated to the
Trust Fund--
``(i) such gifts and bequests as may be made as provided in
subparagraph (B);
``(ii) such amounts as may be deposited in the Trust Fund
as provided in sections 242(b) and 249(c) of the Health
Coverage Availability and Affordability Act of 1996, and
title XI; and
``(iii) such amounts as are transferred to the Trust Fund
under subparagraph (C).
``(B) Authorization to accept gifts.--The Trust Fund is
authorized to accept on behalf of the United States money
gifts and bequests made unconditionally to the Trust Fund,
for the benefit of the Account or any activity financed
through the Account.
``(C) Transfer of amounts.--The Managing Trustee shall
transfer to the Trust Fund, under rules similar to the rules
in section 9601 of the Internal Revenue Code of 1986, an
amount equal to the sum of the following:
``(i) Criminal fines recovered in cases involving a Federal
health care offense (as defined in section 982(a)(6)(B) of
title 18, United States Code).
``(ii) Civil monetary penalties and assessments imposed in
health care cases, including amounts recovered under titles
XI, XVIII, and XIX, and chapter 38 of title 31, United States
Code (except as otherwise provided by law).
``(iii) Amounts resulting from the forfeiture of property
by reason of a Federal health care offense.
``(iv) Penalties and damages obtained and otherwise
creditable to miscellaneous receipts of the general fund of
the Treasury obtained under sections 3729 through 3733 of
title 31, United States Code (known as the False Claims Act),
in cases involving claims related to the provision of health
care items and services (other than funds awarded to a
relator, for restitution or otherwise authorized by law).
``(3) Appropriated amounts to account for fraud and abuse
control program, etc.--
``(A) Departments of health and human services and
justice.--
``(i) In general.--There are hereby appropriated to the
Account from the Trust Fund such sums as the Secretary and
the Attorney General certify are necessary to carry out the
purposes described in subparagraph (C), to be available
without further appropriation, in an amount not to exceed--
``(I) for fiscal year 1997, $104,000,000,
``(II) for each of the fiscal years 1998 through 2003, the
limit for the preceding fiscal year, increased by 15 percent;
and
``(III) for each fiscal year after fiscal year 2003, the
limit for fiscal year 2003.
``(ii) Medicare and medicaid activities.--For each fiscal
year, of the amount appropriated in clause (i), the following
amounts shall be available only for the purposes of the
activities of the Office of the Inspector General of the
Department of Health and Human Services with respect to the
medicare and medicaid programs--
``(I) for fiscal year 1997, not less than $60,000,000 and
not more than $70,000,000;
``(II) for fiscal year 1998, not less than $80,000,000 and
not more than $90,000,000;
``(III) for fiscal year 1999, not less than $90,000,000 and
not more than $100,000,000;
``(IV) for fiscal year 2000, not less than $110,000,000 and
not more than $120,000,000;
``(V) for fiscal year 2001, not less than $120,000,000 and
not more than $130,000,000;
``(VI) for fiscal year 2002, not less than $140,000,000 and
not more than $150,000,000; and
``(VII) for each fiscal year after fiscal year 2002, not
less than $150,000,000 and not more than $160,000,000.
``(B) Federal bureau of investigation.--There are hereby
appropriated from the general fund of the United States
Treasury and hereby appropriated to the Account for transfer
to the Federal Bureau of Investigation to carry out the
purposes described in subparagraph (C), to be available
without further appropriation--
``(i) for fiscal year 1997, $47,000,000;
``(ii) for fiscal year 1998, $56,000,000;
``(iii) for fiscal year 1999, $66,000,000;
``(iv) for fiscal year 2000, $76,000,000;
``(v) for fiscal year 2001, $88,000,000;
``(vi) for fiscal year 2002, $101,000,000; and
``(vii) for each fiscal year after fiscal year 2002,
$114,000,000.
``(C) Use of funds.--The purposes described in this
subparagraph are to cover the costs (including equipment,
salaries and benefits, and travel and training) of the
administration and operation of the health care fraud and
abuse control program established under section 1128C(a),
including the costs of--
``(i) prosecuting health care matters (through criminal,
civil, and administrative proceedings);
``(ii) investigations;
``(iii) financial and performance audits of health care
programs and operations;
``(iv) inspections and other evaluations; and
``(v) provider and consumer education regarding compliance
with the provisions of title XI.
``(4) Appropriated amounts to account for medicare
integrity program.--
``(A) In general.--There are hereby appropriated to the
Account from the Trust Fund for each fiscal year such amounts
as are necessary to carry out the Medicare Integrity Program
under section 1893, subject to subparagraph (B) and to be
available without further appropriation.
``(B) Amounts specified.--The amount appropriated under
subparagraph (A) for a fiscal year is as follows:
``(i) For fiscal year 1997, such amount shall be not less
than $430,000,000 and not more than $440,000,000.
``(ii) For fiscal year 1998, such amount shall be not less
than $490,000,000 and not more than $500,000,000.
``(iii) For fiscal year 1999, such amount shall be not less
than $550,000,000 and not more than $560,000,000.
``(iv) For fiscal year 2000, such amount shall be not less
than $620,000,000 and not more than $630,000,000.
``(v) For fiscal year 2001, such amount shall be not less
than $670,000,000 and not more than $680,000,000.
``(vi) For fiscal year 2002, such amount shall be not less
than $690,000,000 and not more than $700,000,000.
``(vii) For each fiscal year after fiscal year 2002, such
amount shall be not less than $710,000,000 and not more than
$720,000,000.
``(5) Annual report.--The Secretary and the Attorney
General shall submit jointly an annual report to Congress on
the amount of revenue which is generated and disbursed, and
the justification for such disbursements, by the Account in
each fiscal year.''.
SEC. 202. MEDICARE INTEGRITY PROGRAM.
(a) Establishment of Medicare Integrity Program.--Title
XVIII is amended by adding at the end the following new
section:
``medicare integrity program
``Sec. 1893. (a) Establishment of Program.--There is hereby
established the Medicare Integrity Program (in this section
referred to as the `Program') under which the Secretary shall
promote the integrity of the medicare program by entering
into contracts in accordance with this section with eligible
private entities to carry out the activities described in
subsection (b).
``(b) Activities Described.--The activities described in
this subsection are as follows:
``(1) Review of activities of providers of services or
other individuals and entities furnishing items and services
for which payment may be made under this title (including
skilled nursing facilities and home health agencies),
including medical and utilization review and fraud review
(employing similar standards, processes, and technologies
used by private health plans, including equipment and
software technologies which surpass the capability of the
equipment and technologies used in the review of claims under
this title as of the date of the enactment of this section).
``(2) Audit of cost reports.
``(3) Determinations as to whether payment should not be,
or should not have been, made under this title by reason of
section 1862(b), and recovery of payments that should not
have been made.
``(4) Education of providers of services, beneficiaries,
and other persons with respect to payment integrity and
benefit quality assurance issues.
``(5) Developing (and periodically updating) a list of
items of durable medical equipment in accordance with section
1834(a)(15) which are subject to prior authorization under
such section.
``(c) Eligibility of Entities.--An entity is eligible to
enter into a contract under the
[[Page 613]]
Program to carry out any of the activities described in
subsection (b) if--
``(1) the entity has demonstrated capability to carry out
such activities;
``(2) in carrying out such activities, the entity agrees to
cooperate with the Inspector General of the Department of
Health and Human Services, the Attorney General of the United
States, and other law enforcement agencies, as appropriate,
in the investigation and deterrence of fraud and abuse in
relation to this title and in other cases arising out of such
activities;
``(3) the entity demonstrates to the Secretary that the
entity's financial holdings, interests, or relationships will
not interfere with its ability to perform the functions to be
required by the contract in an effective and impartial
manner; and
``(4) the entity meets such other requirements as the
Secretary may impose.
In the case of the activity described in subsection (b)(5),
an entity shall be deemed to be eligible to enter into a
contract under the Program to carry out the activity if the
entity is a carrier with a contract in effect under section
1842.
``(d) Process for Entering Into Contracts.--The Secretary
shall enter into contracts under the Program in accordance
with such procedures as the Secretary shall by regulation
establish, except that such procedures shall include the
following:
``(1) The Secretary shall determine the appropriate number
of separate contracts which are necessary to carry out the
Program and the appropriate times at which the Secretary
shall enter into such contracts.
``(2)(A) Except as provided in subparagraph (B), the
provisions of section 1153(e)(1) shall apply to contracts and
contracting authority under this section.
``(B) Competitive procedures must be used when entering
into new contracts under this section, or at any other time
considered appropriate by the Secretary, except that the
Secretary may contract with entities that are carrying out
the activities described in this section pursuant to
agreements under section 1816 or contracts under section 1842
in effect on the date of the enactment of this section.
``(3) A contract under this section may be renewed without
regard to any provision of law requiring competition if the
contractor has met or exceeded the performance requirements
established in the current contract.
``(e) Limitation on Contractor Liability.--The Secretary
shall by regulation provide for the limitation of a
contractor's liability for actions taken to carry out a
contract under the Program, and such regulation shall, to the
extent the Secretary finds appropriate, employ the same or
comparable standards and other substantive and procedural
provisions as are contained in section 1157.''.
(b) Elimination of FI and Carrier Responsibility for
Carrying Out Activities Subject to Program.--
(1) Responsibilities of fiscal intermediaries under part
a.--Section 1816 (42 U.S.C. 1395h) is amended by adding at
the end the following new subsection:
``(l) No agency or organization may carry out (or receive
payment for carrying out) any activity pursuant to an
agreement under this section to the extent that the activity
is carried out pursuant to a contract under the Medicare
Integrity Program under section 1893.''.
(2) Responsibilities of carriers under part b.--Section
1842(c) (42 U.S.C. 1395u(c)) is amended by adding at the end
the following new paragraph:
``(6) No carrier may carry out (or receive payment for
carrying out) any activity pursuant to a contract under this
subsection to the extent that the activity is carried out
pursuant to a contract under the Medicare Integrity Program
under section 1893. The previous sentence shall not apply
with respect to the activity described in section 1893(b)(5)
(relating to prior authorization of certain items of durable
medical equipment under section 1834(a)(15)).''.
SEC. 203. BENEFICIARY INCENTIVE PROGRAMS.
(a) Clarification of Requirement to Provide Explanation of
Medicare Benefits.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall provide an explanation of benefits under the medicare
program under title XVIII of the Social Security Act with
respect to each item or service for which payment may be made
under the program which is furnished to an individual,
without regard to whether or not a deductible or coinsurance
may be imposed against the individual with respect to the
item or service.
(b) Program To Collect Information on Fraud and Abuse.--
(1) Establishment of program.--Not later than 3 months
after the date of the enactment of this Act, the Secretary
shall establish a program under which the Secretary shall
encourage individuals to report to the Secretary information
on individuals and entities who are engaging or who have
engaged in acts or omissions which constitute grounds for the
imposition of a sanction under section 1128, section 1128A,
or section 1128B of the Social Security Act, or who have
otherwise engaged in fraud and abuse against the medicare
program for which there is a sanction provided under law. The
program shall discourage provision of, and not consider,
information which is frivolous or otherwise not relevant or
material to the imposition of such a sanction.
(2) Payment of portion of amounts collected.--If an
individual reports information to the Secretary under the
program established under paragraph (1) which serves as the
basis for the collection by the Secretary or the Attorney
General of any amount of at least $100 (other than any amount
paid as a penalty under section 1128B of the Social Security
Act), the Secretary may pay a portion of the amount collected
to the individual (under procedures similar to those
applicable under section 7623 of the Internal Revenue Code of
1986 to payments to individuals providing information on
violations of such Code).
(c) Program To Collect Information on Program Efficiency.--
(1) Establishment of program.--Not later than 3 months
after the date of the enactment of this Act, the Secretary
shall establish a program under which the Secretary shall
encourage individuals to submit to the Secretary suggestions
on methods to improve the efficiency of the medicare program.
(2) Payment of portion of program savings.--If an
individual submits a suggestion to the Secretary under the
program established under paragraph (1) which is adopted by
the Secretary and which results in savings to the program,
the Secretary may make a payment to the individual of such
amount as the Secretary considers appropriate.
SEC. 204. APPLICATION OF CERTAIN HEALTH ANTI-FRAUD AND ABUSE
SANCTIONS TO FRAUD AND ABUSE AGAINST FEDERAL
HEALTH CARE PROGRAMS.
(a) In General.--Section 1128B (42 U.S.C. 1320a-7b) is
amended as follows:
(1) In the heading, by striking ``medicare or state health
care programs'' and inserting ``federal health care
programs''.
(2) In subsection (a)(1), by striking ``a program under
title XVIII or a State health care program (as defined in
section 1128(h))'' and inserting ``a Federal health care
program''.
(3) In subsection (a)(5), by striking ``a program under
title XVIII or a State health care program'' and inserting
``a Federal health care program''.
(4) In the second sentence of subsection (a)--
(A) by striking ``a State plan approved under title XIX''
and inserting ``a Federal health care program'', and
(B) by striking ``the State may at its option
(notwithstanding any other provision of that title or of such
plan)'' and inserting ``the administrator of such program may
at its option (notwithstanding any other provision of such
program)''.
(5) In subsection (b), by striking ``title XVIII or a State
health care program'' each place it appears and inserting ``a
Federal health care program''.
(6) In subsection (c), by inserting ``(as defined in
section 1128(h))'' after ``a State health care program''.
(7) By adding at the end the following new subsection:
``(f) For purposes of this section, the term `Federal
health care program' means--
``(1) any plan or program that provides health benefits,
whether directly, through insurance, or otherwise, which is
funded directly, in whole or in part, by the United States
Government (other than the health insurance program under
chapter 89 of title 5, United States Code); or
``(2) any State health care program, as defined in section
1128(h).''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 1997.
SEC. 205. GUIDANCE REGARDING APPLICATION OF HEALTH CARE FRAUD
AND ABUSE SANCTIONS.
Title XI (42 U.S.C. 1301 et seq.), as amended by section
201, is amended by inserting after section 1128C the
following new section:
``guidance regarding application of health care fraud and abuse
sanctions
``Sec. 1128D. (a) Solicitation and Publication of
Modifications to Existing Safe Harbors and New Safe
Harbors.--
``(1) In general.--
``(A) Solicitation of proposals for safe harbors.--Not
later than January 1, 1997, and not less than annually
thereafter, the Secretary shall publish a notice in the
Federal Register soliciting proposals, which will be accepted
during a 60-day period, for--
``(i) modifications to existing safe harbors issued
pursuant to section 14(a) of the Medicare and Medicaid
Patient and Program Protection Act of 1987 (42 U.S.C. 1320a-
7b note);
``(ii) additional safe harbors specifying payment practices
that shall not be treated as a criminal offense under section
1128B(b) and shall not serve as the basis for an exclusion
under section 1128(b)(7);
``(iii) advisory opinions to be issued pursuant to
subsection (b); and
``(iv) special fraud alerts to be issued pursuant to
subsection (c).
``(B) Publication of proposed modifications and proposed
additional safe harbors.--After considering the proposals
described in clauses (i) and (ii) of subparagraph (A), the
Secretary, in consultation with the Attorney General, shall
publish in the Federal Register proposed modifications to
existing safe harbors and proposed additional safe harbors,
if appropriate, with a 60-day comment period. After
considering any public comments received during this period,
the Secretary shall issue final rules modifying the existing
safe harbors and establishing new safe harbors, as
appropriate.
``(C) Report.--The Inspector General of the Department of
Health and Human Serv
[[Page 614]]
ices (in this section referred to as the `Inspector General')
shall, in an annual report to Congress or as part of the
year-end semiannual report required by section 5 of the
Inspector General Act of 1978 (5 U.S.C. App.), describe the
proposals received under clauses (i) and (ii) of subparagraph
(A) and explain which proposals were included in the
publication described in subparagraph (B), which proposals
were not included in that publication, and the reasons for
the rejection of the proposals that were not included.
``(2) Criteria for modifying and establishing safe
harbors.--In modifying and establishing safe harbors under
paragraph (1)(B), the Secretary may consider the extent to
which providing a safe harbor for the specified payment
practice may result in any of the following:
``(A) An increase or decrease in access to health care
services.
``(B) An increase or decrease in the quality of health care
services.
``(C) An increase or decrease in patient freedom of choice
among health care providers.
``(D) An increase or decrease in competition among health
care providers.
``(E) An increase or decrease in the ability of health care
facilities to provide services in medically underserved areas
or to medically underserved populations.
``(F) An increase or decrease in the cost to Federal health
care programs (as defined in section 1128B(f)).
``(G) An increase or decrease in the potential
overutilization of health care services.
``(H) The existence or nonexistence of any potential
financial benefit to a health care professional or provider
which may vary based on their decisions of--
``(i) whether to order a health care item or service; or
``(ii) whether to arrange for a referral of health care
items or services to a particular practitioner or provider.
``(I) Any other factors the Secretary deems appropriate in
the interest of preventing fraud and abuse in Federal health
care programs (as so defined).
``(b) Advisory Opinions.--
``(1) Issuance of advisory opinions.--The Secretary shall
issue written advisory opinions as provided in this
subsection.
``(2) Matters subject to advisory opinions.--The Secretary
shall issue advisory opinions as to the following matters:
``(A) What constitutes prohibited remuneration within the
meaning of section 1128B(b).
``(B) Whether an arrangement or proposed arrangement
satisfies the criteria set forth in section 1128B(b)(3) for
activities which do not result in prohibited remuneration.
``(C) Whether an arrangement or proposed arrangement
satisfies the criteria which the Secretary has established,
or shall establish by regulation for activities which do not
result in prohibited remuneration.
``(D) What constitutes an inducement to reduce or limit
services to individuals entitled to benefits under title
XVIII or title XIX or title XXI within the meaning of section
1128B(b).
``(E) Whether any activity or proposed activity constitutes
grounds for the imposition of a sanction under section 1128,
1128A, or 1128B.
``(3) Matters not subject to advisory opinions.--Such
advisory opinions shall not address the following matters:
``(A) Whether the fair market value shall be, or was paid
or received for any goods, services or property.
``(B) Whether an individual is a bona fide employee within
the requirements of section 3121(d)(2) of the Internal
Revenue Code of 1986.
``(4) Effect of advisory opinions.--
``(A) Binding as to secretary and parties involved.--Each
advisory opinion issued by the Secretary shall be binding as
to the Secretary and the party or parties requesting the
opinion.
``(B) Failure to seek opinion.--The failure of a party to
seek an advisory opinion may not be introduced into evidence
to prove that the party intended to violate the provisions of
sections 1128, 1128A, or 1128B.
``(5) Regulations.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall issue
regulations to carry out this section. Such regulations shall
provide for--
``(i) the procedure to be followed by a party applying for
an advisory opinion;
``(ii) the procedure to be followed by the Secretary in
responding to a request for an advisory opinion;
``(iii) the interval in which the Secretary shall respond;
``(iv) the reasonable fee to be charged to the party
requesting an advisory opinion; and
``(v) the manner in which advisory opinions will be made
available to the public.
``(B) Specific contents.--Under the regulations promulgated
pursuant to subparagraph (A)--
``(i) the Secretary shall be required to respond to a party
requesting an advisory opinion by not later than 30 days
after the request is received; and
``(ii) the fee charged to the party requesting an advisory
opinion shall be equal to the costs incurred by the Secretary
in responding to the request.
``(c) Special Fraud Alerts.--
``(1) In general.--
``(A) Request for special fraud alerts.--Any person may
present, at any time, a request to the Inspector General for
a notice which informs the public of practices which the
Inspector General considers to be suspect or of particular
concern under the medicare program or a State health care
program, as defined in section 1128(h) (in this subsection
referred to as a `special fraud alert').
``(B) Issuance and publication of special fraud alerts.--
Upon receipt of a request described in subparagraph (A), the
Inspector General shall investigate the subject matter of the
request to determine whether a special fraud alert should be
issued. If appropriate, the Inspector General shall issue a
special fraud alert in response to the request. All special
fraud alerts issued pursuant to this subparagraph shall be
published in the Federal Register.
``(2) Criteria for special fraud alerts.--In determining
whether to issue a special fraud alert upon a request
described in paragraph (1), the Inspector General may
consider--
``(A) whether and to what extent the practices that would
be identified in the special fraud alert may result in any of
the consequences described in subsection (a)(2); and
``(B) the volume and frequency of the conduct that would be
identified in the special fraud alert.''.
Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
SEC. 211. MANDATORY EXCLUSION FROM PARTICIPATION IN MEDICARE
AND STATE HEALTH CARE PROGRAMS.
(a) Individual Convicted of Felony Relating to Health Care
Fraud.--
(1) In general.--Section 1128(a) (42 U.S.C. 1320a-7(a)) is
amended by adding at the end the following new paragraph:
``(3) Felony conviction relating to health care fraud.--Any
individual or entity that has been convicted after the date
of the enactment of the Health Coverage Availability and
Affordability Act of 1996, under Federal or State law, in
connection with the delivery of a health care item or service
or with respect to any act or omission in a health care
program (other than those specifically described in paragraph
(1)) operated by or financed in whole or in part by any
Federal, State, or local government agency, of a criminal
offense consisting of a felony relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct.''.
(2) Conforming amendment.--Paragraph (1) of section 1128(b)
(42 U.S.C. 1320a-7(b)) is amended to read as follows:
``(1) Conviction relating to fraud.--Any individual or
entity that has been convicted after the date of the
enactment of the Health Coverage Availability and
Affordability Act of 1996, under Federal or State law--
``(A) of a criminal offense consisting of a misdemeanor
relating to fraud, theft, embezzlement, breach of fiduciary
responsibility, or other financial misconduct--
``(i) in connection with the delivery of a health care item
or service, or
``(ii) with respect to any act or omission in a health care
program (other than those specifically described in
subsection (a)(1)) operated by or financed in whole or in
part by any Federal, State, or local government agency; or
``(B) of a criminal offense relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct with respect to any act or omission in a
program (other than a health care program) operated by or
financed in whole or in part by any Federal, State, or local
government agency.''.
(b) Individual Convicted of Felony Relating to Controlled
Substance.--
(1) In general.--Section 1128(a) (42 U.S.C. 1320a-7(a)), as
amended by subsection (a), is amended by adding at the end
the following new paragraph:
``(4) Felony conviction relating to controlled substance.--
Any individual or entity that has been convicted after the
date of the enactment of the Health Coverage Availability and
Affordability Act of 1996, under Federal or State law, of a
criminal offense consisting of a felony relating to the
unlawful manufacture, distribution, prescription, or
dispensing of a controlled substance.''.
(2) Conforming amendment.--Section 1128(b)(3) (42 U.S.C.
1320a-7(b)(3)) is amended--
(A) in the heading, by striking ``Conviction'' and
inserting ``Misdemeanor conviction''; and
(B) by striking ``criminal offense'' and inserting
``criminal offense consisting of a misdemeanor''.
SEC. 212. ESTABLISHMENT OF MINIMUM PERIOD OF EXCLUSION FOR
CERTAIN INDIVIDUALS AND ENTITIES SUBJECT TO
PERMISSIVE EXCLUSION FROM MEDICARE AND STATE
HEALTH CARE PROGRAMS.
Section 1128(c)(3) (42 U.S.C. 1320a-7(c)(3)) is amended by
adding at the end the following new subparagraphs:
``(D) In the case of an exclusion of an individual or
entity under paragraph (1), (2), or (3) of subsection (b),
the period of the exclusion shall be 3 years, unless the
Secretary determines in accordance with published regulations
that a shorter period is appropriate because of mitigating
circumstances or that a longer period is appropriate because
of aggravating circumstances.
``(E) In the case of an exclusion of an individual or
entity under subsection (b)(4) or (b)(5), the period of the
exclusion shall not be less than the period during which the
individual's or entity's license to provide health care is
revoked, suspended, or surrendered, or the individual or the
entity is excluded or suspended from a Federal or State
health care program.
[[Page 615]]
``(F) In the case of an exclusion of an individual or
entity under subsection (b)(6)(B), the period of the
exclusion shall be not less than 1 year.''.
SEC. 213. PERMISSIVE EXCLUSION OF INDIVIDUALS WITH OWNERSHIP
OR CONTROL INTEREST IN SANCTIONED ENTITIES.
Section 1128(b) (42 U.S.C. 1320a-7(b)) is amended by adding
at the end the following new paragraph:
``(15) Individuals controlling a sanctioned entity.--(A)
Any individual--
``(i) who has a direct or indirect ownership or control
interest in a sanctioned entity and who knows or should know
(as defined in section 1128A(i)(6)) of the action
constituting the basis for the conviction or exclusion
described in subparagraph (B); or
``(ii) who is an officer or managing employee (as defined
in section 1126(b)) of such an entity.
``(B) For purposes of subparagraph (A), the term
`sanctioned entity' means an entity--
``(i) that has been convicted of any offense described in
subsection (a) or in paragraph (1), (2), or (3) of this
subsection; or
``(ii) that has been excluded from participation under a
program under title XVIII or under a State health care
program.''.
SEC. 214. SANCTIONS AGAINST PRACTITIONERS AND PERSONS FOR
FAILURE TO COMPLY WITH STATUTORY OBLIGATIONS.
(a) Minimum Period of Exclusion for Practitioners and
Persons Failing To Meet Statutory Obligations.--
(1) In general.--The second sentence of section 1156(b)(1)
(42 U.S.C. 1320c-5(b)(1)) is amended by striking ``may
prescribe)'' and inserting ``may prescribe, except that such
period may not be less than 1 year)''.
(2) Conforming amendment.--Section 1156(b)(2) (42 U.S.C.
1320c-5(b)(2)) is amended by striking ``shall remain'' and
inserting ``shall (subject to the minimum period specified in
the second sentence of paragraph (1)) remain''.
(b) Repeal of ``Unwilling or Unable'' Condition for
Imposition of Sanction.--Section 1156(b)(1) (42 U.S.C. 1320c-
5(b)(1)) is amended--
(1) in the second sentence, by striking ``and determines''
and all that follows through ``such obligations,''; and
(2) by striking the third sentence.
SEC. 215. INTERMEDIATE SANCTIONS FOR MEDICARE HEALTH
MAINTENANCE ORGANIZATIONS.
(a) Application of Intermediate Sanctions for any Program
Violations.--
(1) In general.--Section 1876(i)(1) (42 U.S.C.
1395mm(i)(1)) is amended by striking ``the Secretary may
terminate'' and all that follows and inserting ``in
accordance with procedures established under paragraph (9),
the Secretary may at any time terminate any such contract or
may impose the intermediate sanctions described in paragraph
(6)(B) or (6)(C) (whichever is applicable) on the eligible
organization if the Secretary determines that the
organization--
``(A) has failed substantially to carry out the contract;
``(B) is carrying out the contract in a manner
substantially inconsistent with the efficient and effective
administration of this section; or
``(C) no longer substantially meets the applicable
conditions of subsections (b), (c), (e), and (f).''.
(2) Other intermediate sanctions for miscellaneous program
violations.--Section 1876(i)(6) (42 U.S.C. 1395mm(i)(6)) is
amended by adding at the end the following new subparagraph:
``(C) In the case of an eligible organization for which the
Secretary makes a determination under paragraph (1) the basis
of which is not described in subparagraph (A), the Secretary
may apply the following intermediate sanctions:
``(i) Civil money penalties of not more than $25,000 for
each determination under paragraph (1) if the deficiency that
is the basis of the determination has directly adversely
affected (or has the substantial likelihood of adversely
affecting) an individual covered under the organization's
contract.
``(ii) Civil money penalties of not more than $10,000 for
each week beginning after the initiation of procedures by the
Secretary under paragraph (9) during which the deficiency
that is the basis of a determination under paragraph (1)
exists.
``(iii) Suspension of enrollment of individuals under this
section after the date the Secretary notifies the
organization of a determination under paragraph (1) and until
the Secretary is satisfied that the deficiency that is the
basis for the determination has been corrected and is not
likely to recur.''.
(3) Procedures for imposing sanctions.--Section 1876(i) (42
U.S.C. 1395mm(i)) is amended by adding at the end the
following new paragraph:
``(9) The Secretary may terminate a contract with an
eligible organization under this section or may impose the
intermediate sanctions described in paragraph (6) on the
organization in accordance with formal investigation and
compliance procedures established by the Secretary under
which--
``(A) the Secretary first provides the organization with
the reasonable opportunity to develop and implement a
corrective action plan to correct the deficiencies that were
the basis of the Secretary's determination under paragraph
(1) and the organization fails to develop or implement such a
plan;
``(B) in deciding whether to impose sanctions, the
Secretary considers aggravating factors such as whether an
organization has a history of deficiencies or has not taken
action to correct deficiencies the Secretary has brought to
the organization's attention;
``(C) there are no unreasonable or unnecessary delays
between the finding of a deficiency and the imposition of
sanctions; and
``(D) the Secretary provides the organization with
reasonable notice and opportunity for hearing (including the
right to appeal an initial decision) before imposing any
sanction or terminating the contract.''.
(4) Conforming amendments.--Section 1876(i)(6)(B) (42
U.S.C. 1395mm(i)(6)(B)) is amended by striking the second
sentence.
(b) Agreements With Peer Review Organizations.--Section
1876(i)(7)(A) (42 U.S.C. 1395mm(i)(7)(A)) is amended by
striking ``an agreement'' and inserting ``a written
agreement''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to contract years beginning on or
after January 1, 1996.
SEC. 216. ADDITIONAL EXCEPTION TO ANTI-KICKBACK PENALTIES FOR
DISCOUNTING AND MANAGED CARE ARRANGEMENTS.
(a) In General.--Section 1128B(b)(3) (42 U.S.C. 1320a-
7b(b)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) any remuneration between an organization and an
individual or entity providing items or services, or a
combination thereof, pursuant to a written agreement between
the organization and the individual or entity if the
organization is an eligible organization under section 1876
or if the written agreement places the individual or entity
at substantial financial risk for the cost or utilization of
the items or services, or a combination thereof, which the
individual or entity is obligated to provide, whether through
a withhold, capitation, incentive pool, per diem payment, or
any other similar risk arrangement which places the
individual or entity at substantial financial risk.''.
(b) Effective Date.--The amendments made by this section
shall apply to written agreements entered into on or after
January 1, 1997.
SEC. 217. CRIMINAL PENALTY FOR FRAUDULENT DISPOSITION OF
ASSETS IN ORDER TO OBTAIN MEDICAID BENEFITS.
Section 1128B(a) (42 U.S.C. 1320a-7b(a)) is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by adding ``or'' at the end of paragraph (5); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) knowingly and willfully disposes of assets (including
by any transfer in trust) in order for an individual to
become eligible for medical assistance under a State plan
under title XIX, if disposing of the assets results in the
imposition of a period of ineligibility for such assistance
under section 1917(c),''.
SEC. 218. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this
subtitle shall take effect January 1, 1997.
Subtitle C--Data Collection
SEC. 221. ESTABLISHMENT OF THE HEALTH CARE FRAUD AND ABUSE
DATA COLLECTION PROGRAM.
(a) In General.--Title XI (42 U.S.C. 1301 et seq.), as
amended by sections 201 and 205, is amended by inserting
after section 1128D the following new section:
``health care fraud and abuse data collection program
``Sec. 1128E. (a) General Purpose.--Not later than January
1, 1997, the Secretary shall establish a national health care
fraud and abuse data collection program for the reporting of
final adverse actions (not including settlements in which no
findings of liability have been made) against health care
providers, suppliers, or practitioners as required by
subsection (b), with access as set forth in subsection (c).
``(b) Reporting of Information.--
``(1) In general.--Each Government agency and health plan
shall report any final adverse action (not including
settlements in which no findings of liability have been made)
taken against a health care provider, supplier, or
practitioner.
``(2) Information to be reported.--The information to be
reported under paragraph (1) includes:
``(A) The name and TIN (as defined in section 7701(a)(41)
of the Internal Revenue Code of 1986) of any health care
provider, supplier, or practitioner who is the subject of a
final adverse action.
``(B) The name (if known) of any health care entity with
which a health care provider, supplier, or practitioner is
affiliated or associated.
``(C) The nature of the final adverse action and whether
such action is on appeal.
``(D) A description of the acts or omissions and injuries
upon which the final adverse action was based, and such other
information as the Secretary determines by regulation is
required for appropriate interpretation of information
reported under this section.
``(3) Confidentiality.--In determining what information is
required, the Secretary shall include procedures to assure
that the privacy of individuals receiving health care
services is appropriately protected.
``(4) Timing and form of reporting.--The information
required to be reported under this subsection shall be
reported regularly
[[Page 616]]
(but not less often than monthly) and in such form and manner
as the Secretary prescribes. Such information shall first be
required to be reported on a date specified by the Secretary.
``(5) To whom reported.--The information required to be
reported under this subsection shall be reported to the
Secretary.
``(c) Disclosure and Correction of Information.--
``(1) Disclosure.--With respect to the information about
final adverse actions (not including settlements in which no
findings of liability have been made) reported to the
Secretary under this section respecting a health care
provider, supplier, or practitioner, the Secretary shall, by
regulation, provide for--
``(A) disclosure of the information, upon request, to the
health care provider, supplier, or licensed practitioner, and
``(B) procedures in the case of disputed accuracy of the
information.
``(2) Corrections.--Each Government agency and health plan
shall report corrections of information already reported
about any final adverse action taken against a health care
provider, supplier, or practitioner, in such form and manner
that the Secretary prescribes by regulation.
``(d) Access to Reported Information.--
``(1) Availability.--The information in this database shall
be available to Federal and State government agencies and
health plans pursuant to procedures that the Secretary shall
provide by regulation.
``(2) Fees for disclosure.--The Secretary may establish or
approve reasonable fees for the disclosure of information in
this database (other than with respect to requests by Federal
agencies). The amount of such a fee shall be sufficient to
recover the full costs of operating the database. Such fees
shall be available to the Secretary or, in the Secretary's
discretion to the agency designated under this section to
cover such costs.
``(e) Protection From Liability for Reporting.--No person
or entity, including the agency designated by the Secretary
in subsection (b)(5) shall be held liable in any civil action
with respect to any report made as required by this section,
without knowledge of the falsity of the information contained
in the report.
``(f) Definitions and Special Rules.--For purposes of this
section:
``(1) Final adverse action.--
``(A) In general.--The term `final adverse action'
includes:
``(i) Civil judgments against a health care provider,
supplier, or practitioner in Federal or State court related
to the delivery of a health care item or service.
``(ii) Federal or State criminal convictions related to the
delivery of a health care item or service.
``(iii) Actions by Federal or State agencies responsible
for the licensing and certification of health care providers,
suppliers, and licensed health care practitioners,
including--
``(I) formal or official actions, such as revocation or
suspension of a license (and the length of any such
suspension), reprimand, censure or probation,
``(II) any other loss of license or the right to apply for,
or renew, a license of the provider, supplier, or
practitioner, whether by operation of law, voluntary
surrender, non-renewability, or otherwise, or
``(III) any other negative action or finding by such
Federal or State agency that is publicly available
information.
``(iv) Exclusion from participation in Federal or State
health care programs.
``(v) Any other adjudicated actions or decisions that the
Secretary shall establish by regulation.
``(B) Exception.--The term does not include any action with
respect to a malpractice claim.
``(2) Practitioner.--The terms `licensed health care
practitioner', `licensed practitioner', and `practitioner'
mean, with respect to a State, an individual who is licensed
or otherwise authorized by the State to provide health care
services (or any individual who, without authority holds
himself or herself out to be so licensed or authorized).
``(3) Government agency.--The term `Government agency'
shall include:
``(A) The Department of Justice.
``(B) The Department of Health and Human Services.
``(C) Any other Federal agency that either administers or
provides payment for the delivery of health care services,
including, but not limited to the Department of Defense and
the Veterans' Administration.
``(D) State law enforcement agencies.
``(E) State medicaid fraud control units.
``(F) Federal or State agencies responsible for the
licensing and certification of health care providers and
licensed health care practitioners.
``(4) Health plan.--The term `health plan' has the meaning
given such term by section 1128C(c).
``(5) Determination of conviction.--For purposes of
paragraph (1), the existence of a conviction shall be
determined under paragraph (4) of section 1128(i).''.
(b) Improved Prevention in Issuance of Medicare Provider
Numbers.--Section 1842(r) (42 U.S.C. 1395u(r)) is amended by
adding at the end the following new sentence: ``Under such
system, the Secretary may impose appropriate fees on such
physicians to cover the costs of investigation and
recertification activities with respect to the issuance of
the identifiers.''.
Subtitle D--Civil Monetary Penalties
SEC. 231. SOCIAL SECURITY ACT CIVIL MONETARY PENALTIES.
(a) General Civil Monetary Penalties.--Section 1128A (42
U.S.C. 1320a-7a) is amended as follows:
(1) In the third sentence of subsection (a), by striking
``programs under title XVIII'' and inserting ``Federal health
care programs (as defined in section 1128B(f)(1))''.
(2) In subsection (f)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) With respect to amounts recovered arising out of a
claim under a Federal health care program (as defined in
section 1128B(f)), the portion of such amounts as is
determined to have been paid by the program shall be repaid
to the program, and the portion of such amounts attributable
to the amounts recovered under this section by reason of the
amendments made by the Health Coverage Availability and
Affordability Act of 1996 (as estimated by the Secretary)
shall be deposited into the Federal Hospital Insurance Trust
Fund pursuant to section 1817(k)(2)(C).''.
(3) In subsection (i)--
(A) in paragraph (2), by striking ``title V, XVIII, XIX, or
XX of this Act'' and inserting ``a Federal health care
program (as defined in section 1128B(f))'',
(B) in paragraph (4), by striking ``a health insurance or
medical services program under title XVIII or XIX of this
Act'' and inserting ``a Federal health care program (as so
defined)'', and
(C) in paragraph (5), by striking ``title V, XVIII, XIX, or
XX'' and inserting ``a Federal health care program (as so
defined)''.
(4) By adding at the end the following new subsection:
``(m)(1) For purposes of this section, with respect to a
Federal health care program not contained in this Act,
references to the Secretary in this section shall be deemed
to be references to the Secretary or Administrator of the
department or agency with jurisdiction over such program and
references to the Inspector General of the Department of
Health and Human Services in this section shall be deemed to
be references to the Inspector General of the applicable
department or agency.
``(2)(A) The Secretary and Administrator of the departments
and agencies referred to in paragraph (1) may include in any
action pursuant to this section, claims within the
jurisdiction of other Federal departments or agencies as long
as the following conditions are satisfied:
``(i) The case involves primarily claims submitted to the
Federal health care programs of the department or agency
initiating the action.
``(ii) The Secretary or Administrator of the department or
agency initiating the action gives notice and an opportunity
to participate in the investigation to the Inspector General
of the department or agency with primary jurisdiction over
the Federal health care programs to which the claims were
submitted.
``(B) If the conditions specified in subparagraph (A) are
fulfilled, the Inspector General of the department or agency
initiating the action is authorized to exercise all powers
granted under the Inspector General Act of 1978 with respect
to the claims submitted to the other departments or agencies
to the same manner and extent as provided in that Act with
respect to claims submitted to such departments or
agencies.''.
(b) Excluded Individual Retaining Ownership or Control
Interest in Participating Entity.--Section 1128A(a) (42
U.S.C. 1320a-7a(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1)(D);
(2) by striking ``, or'' at the end of paragraph (2) and
inserting a semicolon;
(3) by striking the semicolon at the end of paragraph (3)
and inserting ``; or''; and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) in the case of a person who is not an organization,
agency, or other entity, is excluded from participating in a
program under title XVIII or a State health care program in
accordance with this subsection or under section 1128 and
who, at the time of a violation of this subsection--
``(A) retains a direct or indirect ownership or control
interest in an entity that is participating in a program
under title XVIII or a State health care program, and who
knows or should know of the action constituting the basis for
the exclusion; or
``(B) is an officer or managing employee (as defined in
section 1126(b)) of such an entity;''.
(c) Modifications of Amounts of Penalties and
Assessments.--Section 1128A(a) (42 U.S.C. 1320a-7a(a)), as
amended by subsection (b), is amended in the matter following
paragraph (4)--
(1) by striking ``$2,000'' and inserting ``$10,000'';
(2) by inserting ``; in cases under paragraph (4), $10,000
for each day the prohibited relationship occurs'' after
``false or misleading information was given''; and
(3) by striking ``twice the amount'' and inserting ``3
times the amount''.
(d) Claim for Item or Service Based on Incorrect Coding or
Medically Unnecessary Services.--Section 1128A(a)(1) (42
U.S.C. 1320a-7a(a)(1)) is amended--
(1) in subparagraph (A) by striking ``claimed,'' and
inserting ``claimed, including any person who engages in a
pattern or practice of presenting or causing to be presented
a claim for an item or service that is based
[[Page 617]]
on a code that the person knows or should know will result in
a greater payment to the person than the code the person
knows or should know is applicable to the item or service
actually provided,'';
(2) in subparagraph (C), by striking ``or'' at the end; and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) is for a medical or other item or service that a
person knows or should know is not medically necessary; or''.
(e) Sanctions Against Practitioners and Persons for Failure
To Comply With Statutory Obligations.--Section 1156(b)(3) (42
U.S.C. 1320c-5(b)(3)) is amended by striking ``the actual or
estimated cost'' and inserting ``up to $10,000 for each
instance''.
(f) Procedural Provisions.--Section 1876(i)(6) (42 U.S.C.
1395mm(i)(6)), as amended by section 215(a)(2), is amended by
adding at the end the following new subparagraph:
``(D) The provisions of section 1128A (other than
subsections (a) and (b)) shall apply to a civil money penalty
under subparagraph (B)(i) or (C)(i) in the same manner as
such provisions apply to a civil money penalty or proceeding
under section 1128A(a).''.
(g) Prohibition Against Offering Inducements to Individuals
Enrolled Under Programs or Plans.--
(1) Offer of remuneration.--Section 1128A(a) (42 U.S.C.
1320a-7a(a)), as amended by subsection (b), is amended--
(A) by striking ``or'' at the end of paragraph (3);
(B) by striking the semicolon at the end of paragraph (4)
and inserting ``; or''; and
(D) by inserting after paragraph (4) the following new
paragraph:
``(5) offers to or transfers remuneration to any individual
eligible for benefits under title XVIII of this Act, or under
a State health care program (as defined in section 1128(h))
that such person knows or should know is likely to influence
such individual to order or receive from a particular
provider, practitioner, or supplier any item or service for
which payment may be made, in whole or in part, under title
XVIII, or a State health care program (as so defined);''.
(2) Remuneration defined.--Section 1128A(i) (42 U.S.C.
1320a-7a(i)) is amended by adding at the end the following
new paragraph:
``(6) The term `remuneration' includes the waiver of
coinsurance and deductible amounts (or any part thereof), and
transfers of items or services for free or for other than
fair market value. The term `remuneration' does not include--
``(A) the waiver of coinsurance and deductible amounts by a
person, if--
``(i) the waiver is not offered as part of any
advertisement or solicitation;
``(ii) the person does not routinely waive coinsurance or
deductible amounts; and
``(iii) the person--
``(I) waives the coinsurance and deductible amounts after
determining in good faith that the individual is in financial
need;
``(II) fails to collect coinsurance or deductible amounts
after making reasonable collection efforts; or
``(III) provides for any permissible waiver as specified in
section 1128B(b)(3) or in regulations issued by the
Secretary;
``(B) differentials in coinsurance and deductible amounts
as part of a benefit plan design as long as the differentials
have been disclosed in writing to all beneficiaries, third
party payers, and providers, to whom claims are presented and
as long as the differentials meet the standards as defined in
regulations promulgated by the Secretary not later than 180
days after the date of the enactment of the Health Coverage
Availability and Affordability Act of 1996; or
``(C) incentives given to individuals to promote the
delivery of preventive care as determined by the Secretary in
regulations so promulgated.''.
(h) Effective Date.--The amendments made by this section
shall take effect January 1, 1997.
SEC. 232. CLARIFICATION OF LEVEL OF INTENT REQUIRED FOR
IMPOSITION OF SANCTIONS.
(a) Clarification of Level of Knowledge Required for
Imposition of Civil Monetary Penalties.--
(1) In general.--Section 1128A(a) (42 U.S.C. 1320a-7a(a))
is amended--
(A) in paragraphs (1) and (2), by inserting ``knowingly''
before ``presents'' each place it appears; and
(B) in paragraph (3), by striking ``gives'' and inserting
``knowingly gives or causes to be given''.
(2) Definition of standard.--Section 1128A(i) (42 U.S.C.
1320a-7a(i)), as amended by section 231(g)(2), is amended by
adding at the end the following new paragraph:
``(7) The term `should know' means that a person, with
respect to information--
``(A) acts in deliberate ignorance of the truth or falsity
of the information; or
``(B) acts in reckless disregard of the truth or falsity of
the information,
and no proof of specific intent to defraud is required.''.
(b) Effective Date.--The amendments made by this section
shall apply to acts or omissions occurring on or after
January 1, 1997.
SEC. 233. PENALTY FOR FALSE CERTIFICATION FOR HOME HEALTH
SERVICES.
(a) In General.--Section 1128A(b) (42 U.S.C. 1320a-7a(b))
is amended by adding at the end the following new paragraph:
``(3)(A) Any physician who executes a document described in
subparagraph (B) with respect to an individual knowing that
all of the requirements referred to in such subparagraph are
not met with respect to the individual shall be subject to a
civil monetary penalty of not more than the greater of--
``(i) $5,000, or
``(ii) three times the amount of the payments under title
XVIII for home health services which are made pursuant to
such certification.
``(B) A document described in this subparagraph is any
document that certifies, for purposes of title XVIII, that an
individual meets the requirements of section 1814(a)(2)(C) or
1835(a)(2)(A) in the case of home health services furnished
to the individual.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to certifications made on or after the date of
the enactment of this Act.
Subtitle E--Revisions to Criminal Law
SEC. 241. DEFINITIONS RELATING TO FEDERAL HEALTH CARE
OFFENSE.
(a) In General.--Chapter 1 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 24. Definitions relating to Federal health care
offense
``(a) As used in this title, the term `Federal health care
offense' means a violation of, or a criminal conspiracy to
violate--
``(1) section 669, 1035, 1347, or 1518 of this title; or
``(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343,
or 1954 of this title, if the violation or conspiracy relates
to a health care benefit program.
``(b) As used in this title, the term `health care benefit
program' means any public or private plan or contract,
affecting commerce, under which any medical benefit, item, or
service is provided to any individual, and includes any
individual or entity who is providing a medical benefit,
item, or service for which payment may be made under the plan
or contract.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by inserting after the item relating to section 23
the following new item:
``24. Definitions relating to Federal health care offense.''.
SEC. 242. HEALTH CARE FRAUD.
(a) Offense.--
(1) In general.--Chapter 63 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1347. Health care fraud
``Whoever knowingly executes, or attempts to execute, a
scheme or artifice--
``(1) to defraud any health care benefit program; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property
owned by, or under the custody or control of, any health care
benefit program,
in connection with the delivery of or payment for health care
benefits, items, or services, shall be fined under this title
or imprisoned not more than 10 years, or both. If the
violation results in serious bodily injury (as defined in
section 1365 of this title), such person shall be fined under
this title or imprisoned not more than 20 years, or both; and
if the violation results in death, such person shall be fined
under this title, or imprisoned for any term of years or for
life, or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``1347. Health care fraud.''.
(b) Criminal Fines Deposited in Federal Hospital Insurance
Trust Fund.--The Secretary of the Treasury shall deposit into
the Federal Hospital Insurance Trust Fund pursuant to section
1817(k)(2)(C) of the Social Security Act (42 U.S.C. 1395i) an
amount equal to the criminal fines imposed under section 1347
of title 18, United States Code (relating to health care
fraud).
SEC. 243. THEFT OR EMBEZZLEMENT.
(a) In General.--Chapter 31 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 669. Theft or embezzlement in connection with health
care
``(a) Whoever embezzles, steals, or otherwise without
authority knowingly converts to the use of any person other
than the rightful owner, or intentionally misapplies any of
the moneys, funds, securities, premiums, credits, property,
or other assets of a health care benefit program, shall be
fined under this title or imprisoned not more than 10 years,
or both; but if the value of such property does not exceed
the sum of $100 the defendant shall be fined under this title
or imprisoned not more than one year, or both.
``(b) As used in this section, the term `health care
benefit program' has the meaning given such term in section
1347(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 31 of title 18, United States Code, is
amended by adding at the end the following:
``669. Theft or embezzlement in connection with health care.''.
SEC. 244. FALSE STATEMENTS.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
[[Page 618]]
``Sec. 1035. False statements relating to health care matters
``(a) Whoever, in any matter involving a health care
benefit program, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device a material fact; or
``(2) makes any false, fictitious, or fraudulent statements
or representations, or makes or uses any false writing or
document knowing the same to contain any false, fictitious,
or fraudulent statement or entry,
in connection with the delivery of or payment for health care
benefits, items, or services, shall be fined under this title
or imprisoned not more than 5 years, or both.
``(b) As used in this section, the term `health care
benefit program' has the meaning given such term in section
1347(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 47 of title 18, United States Code, is
amended by adding at the end the following new item:
``1035. False statements relating to health care matters.''.
SEC. 245. OBSTRUCTION OF CRIMINAL INVESTIGATIONS OF HEALTH
CARE OFFENSES.
(a) In General.--Chapter 73 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1518. Obstruction of criminal investigations of health
care offenses
``(a) Whoever willfully prevents, obstructs, misleads,
delays or attempts to prevent, obstruct, mislead, or delay
the communication of information or records relating to a
violation of a Federal health care offense to a criminal
investigator shall be fined under this title or imprisoned
not more than 5 years, or both.
``(b) As used in this section the term `criminal
investigator' means any individual duly authorized by a
department, agency, or armed force of the United States to
conduct or engage in investigations for prosecutions for
violations of health care offenses.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 of title 18, United States Code, is
amended by adding at the end the following new item:
``1518. Obstruction of criminal investigations of health care
offenses.''.
SEC. 246. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7) of title 18, United States Code, is
amended by adding at the end the following:
``(F) Any act or activity constituting an offense involving
a Federal health care offense.''.
SEC. 247. INJUNCTIVE RELIEF RELATING TO HEALTH CARE OFFENSES.
(a) In General.--Section 1345(a)(1) of title 18, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) committing or about to commit a Federal health care
offense.''.
(b) Freezing of Assets.--Section 1345(a)(2) of title 18,
United States Code, is amended by inserting ``or a Federal
health care offense'' after ``title)''.
SEC. 248. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.
(a) In General.--Chapter 223 of title 18, United States
Code, is amended by adding after section 3485 the following:
``Sec. 3486. Authorized investigative demand procedures
``(a) Authorization.--In any investigation relating to any
act or activity involving a Federal health care offense, the
Attorney General or the Attorney General's designee may issue
in writing and cause to be served a subpoena requiring the
production of any records (including any books, papers,
documents, electronic media, or other objects or tangible
things), which may be relevant to an authorized law
enforcement inquiry, that a person or legal entity may
possess or have care, custody, or control. A subpoena shall
describe the objects required to be produced and prescribe a
return date within a reasonable period of time within which
the objects can be assembled and made available.
``(b) Service.--A subpoena issued under this section may be
served by any person designated in the subpoena to serve it.
Service upon a natural person may be made by personal
delivery of the subpoena to him. Service may be made upon a
domestic or foreign corporation or upon a partnership or
other unincorporated association which is subject to suit
under a common name, by delivering the subpoena to an
officer, to a managing or general agent, or to any other
agent authorized by appointment or by law to receive service
of process. The affidavit of the person serving the subpoena
entered on a true copy thereof by the person serving it shall
be proof of service.
``(c) Enforcement.--In the case of contumacy by or refusal
to obey a subpoena issued to any person, the Attorney General
may invoke the aid of any court of the United States within
the jurisdiction of which the investigation is carried on or
of which the subpoenaed person is an inhabitant, or in which
he carries on business or may be found, to compel compliance
with the subpoena. The court may issue an order requiring the
subpoenaed person to appear before the Attorney General to
produce records, if so ordered, or to give testimony touching
the matter under investigation. Any failure to obey the order
of the court may be punished by the court as a contempt
thereof. All process in any such case may be served in any
judicial district in which such person may be found.
``(d) Immunity From Civil Liability.--Notwithstanding any
Federal, State, or local law, any person, including officers,
agents, and employees, receiving a summons under this
section, who complies in good faith with the summons and thus
produces the materials sought, shall not be liable in any
court of any State or the United States to any customer or
other person for such production or for nondisclosure of that
production to the customer.
``(e) Limitation on Use.--(1) Health information about an
individual that is disclosed under this section may not be
used in, or disclosed to any person for use in, any
administrative, civil, or criminal action or investigation
directed against the individual who is the subject of the
information unless the action or investigation arises out of
and is directly related to receipt of health care or payment
for health care or action involving a fraudulent claim
related to health; or if authorized by an appropriate order
of a court of competent jurisdiction, granted after
application showing good cause therefor.
``(2) In assessing good cause, the court shall weigh the
public interest and the need for disclosure against the
injury to the patient, to the physician-patient relationship,
and to the treatment services.
``(3) Upon the granting of such order, the court, in
determining the extent to which any disclosure of all or any
part of any record is necessary, shall impose appropriate
safeguards against unauthorized disclosure.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 223 of title 18, United States Code, is
amended by inserting after the item relating to section 3485
the following new item:
``3486. Authorized investigative demand procedures.''.
(c) Conforming Amendment.--Section 1510(b)(3)(B) of title
18, United States Code, is amended by inserting ``or a
Department of Justice subpoena (issued under section 3486 of
title 18),'' after ``subpoena''.
SEC. 249. FORFEITURES FOR FEDERAL HEALTH CARE OFFENSES.
(a) In General.--Section 982(a) of title 18, United States
Code, is amended by adding after paragraph (5) the following
new paragraph:
``(6) The court, in imposing sentence on a person convicted
of a Federal health care offense, shall order the person to
forfeit property, real or personal, that constitutes or is
derived, directly or indirectly, from gross proceeds
traceable to the commission of the offense.''.
(b) Conforming Amendment.--Section 982(b)(1)(A) of title
18, United States Code, is amended by inserting ``or (a)(6)''
after ``(a)(1)''.
(c) Property Forfeited Deposited in Federal Hospital
Insurance Trust Fund.--
(1) In general.--After the payment of the costs of asset
forfeiture has been made, and notwithstanding any other
provision of law, the Secretary of the Treasury shall deposit
into the Federal Hospital Insurance Trust Fund pursuant to
section 1817(k)(2)(C) of the Social Security Act, as added by
section 301(b), an amount equal to the net amount realized
from the forfeiture of property by reason of a Federal health
care offense pursuant to section 982(a)(6) of title 18,
United States Code.
(2) Costs of asset forfeiture.--For purposes of paragraph
(1), the term ``payment of the costs of asset forfeiture''
means--
(A) the payment, at the discretion of the Attorney General,
of any expenses necessary to seize, detain, inventory,
safeguard, maintain, advertise, sell, or dispose of property
under seizure, detention, or forfeited, or of any other
necessary expenses incident to the seizure, detention,
forfeiture, or disposal of such property, including payment
for--
(i) contract services;
(ii) the employment of outside contractors to operate and
manage properties or provide other specialized services
necessary to dispose of such properties in an effort to
maximize the return from such properties; and
(iii) reimbursement of any Federal, State, or local agency
for any expenditures made to perform the functions described
in this subparagraph;
(B) at the discretion of the Attorney General, the payment
of awards for information or assistance leading to a civil or
criminal forfeiture involving any Federal agency
participating in the Health Care Fraud and Abuse Control
Account;
(C) the compromise and payment of valid liens and mortgages
against property that has been forfeited, subject to the
discretion of the Attorney General to determine the validity
of any such lien or mortgage and the amount of payment to be
made, and the employment of attorneys and other personnel
skilled in State real estate law as necessary;
(D) payment authorized in connection with remission or
mitigation procedures relating to property forfeited; and
(E) the payment of State and local property taxes on
forfeited real property that accrued between the date of the
violation giving rise to the forfeiture and the date of the
forfeiture order.
SEC. 250. RELATION TO ERISA AUTHORITY.
Nothing in this subtitle shall be construed as affecting
the authority of the Secretary of Labor under section 506(b)
of the Employee Retirement Income Security Act of 1974,
including the Secretary's authority with respect to
violations of title 18, United States Code (as amended by
this subtitle).
[[Page 619]]
Subtitle F--Administrative Simplification
SEC. 251. PURPOSE.
It is the purpose of this subtitle to improve the medicare
program under title XVIII of the Social Security Act, the
medicaid program under title XIX of such Act, and the
efficiency and effectiveness of the health care system, by
encouraging the development of a health information system
through the establishment of standards and requirements for
the electronic transmission of certain health information.
SEC. 252. ADMINISTRATIVE SIMPLIFICATION.
(a) In General.--Title XI (42 U.S.C. 1301 et seq.) is
amended by adding at the end the following:
``Part C--Administrative Simplification
``definitions
``Sec. 1171. For purposes of this part:
``(1) Clearinghouse.--The term `clearinghouse' means a
public or private entity that processes or facilitates the
processing of nonstandard data elements of health information
into standard data elements.
``(2) Code set.--The term `code set' means any set of codes
used for encoding data elements, such as tables of terms,
medical concepts, medical diagnostic codes, or medical
procedure codes.
``(3) Health care provider.--The term `health care
provider' includes a provider of services (as defined in
section 1861(u)), a provider of medical or other health
services (as defined in section 1861(s)), and any other
person furnishing health care services or supplies.
``(4) Health information.--The term `health information'
means any information, whether oral or recorded in any form
or medium that--
``(A) is created or received by a health care provider,
health plan, public health authority, employer, life insurer,
school or university, or clearinghouse; and
``(B) relates to the past, present, or future physical or
mental health or condition of an individual, the provision of
health care to an individual, or the past, present, or future
payment for the provision of health care to an individual.
``(5) Health plan.--The term `health plan' means a plan
which provides, or pays the cost of, health benefits. Such
term includes the following, and any combination thereof:
``(A) Part A or part B of the medicare program under title
XVIII.
``(B) The medicaid program under title XIX.
``(C) A medicare supplemental policy (as defined in section
1882(g)(1)).
``(D) A long-term care policy, including a nursing home
fixed indemnity policy (unless the Secretary determines that
such a policy does not provide sufficiently comprehensive
coverage of a benefit so that the policy should be treated as
a health plan).
``(E) Health benefits of an employee welfare benefit plan,
as defined in section 3(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(1)), but only to the
extent the plan is established or maintained for the purpose
of providing health benefits and has 50 or more participants
(as defined in section 3(7) of such Act).
``(F) An employee welfare benefit plan or any other
arrangement which is established or maintained for the
purpose of offering or providing health benefits to the
employees of 2 or more employers.
``(G) The health care program for active military personnel
under title 10, United States Code.
``(H) The veterans health care program under chapter 17 of
title 38, United States Code.
``(I) The Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS), as defined in section 1073(4)
of title 10, United States Code.
``(J) The Indian health service program under the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.).
``(K) The Federal Employees Health Benefit Plan under
chapter 89 of title 5, United States Code.
``(6) Individually identifiable health information.--The
term `individually identifiable health information' means any
information, including demographic information collected from
an individual, that--
``(A) is created or received by a health care provider,
health plan, employer, or clearinghouse; and
``(B) relates to the past, present, or future physical or
mental health or condition of an individual, the provision of
health care to an individual, or the past, present, or future
payment for the provision of health care to an individual,
and--
``(i) identifies the individual; or
``(ii) with respect to which there is a reasonable basis to
believe that the information can be used to identify the
individual.
``(7) Standard.--The term `standard', when used with
reference to a data element of health information or a
transaction referred to in section 1173(a)(1), means any such
data element or transaction that meets each of the standards
and implementation specifications adopted or established by
the Secretary with respect to the data element or transaction
under sections 1172 through 1174.
``(8) Standard setting organization.--The term `standard
setting organization' means a standard setting organization
accredited by the American National Standards Institute,
including the National Council for Prescription Drug
Programs, that develops standards for information
transactions, data elements, or any other standard that is
necessary to, or will facilitate, the implementation of this
part.
``general requirements for adoption of standards
``Sec. 1172. (a) Applicability.--Any standard adopted under
this part shall apply, in whole or in part, to the following
persons:
``(1) An health plan.
``(2) A clearinghouse.
``(3) A health care provider who transmits any health
information in electronic form in connection with a
transaction referred to in section 1173(a)(1).
``(b) Reduction of Costs.--Any standard adopted under this
part shall be consistent with the objective of reducing the
administrative costs of providing and paying for health care.
``(c) Role of Standard Setting Organizations.--
``(1) In general.--Except as provided in paragraph (2), any
standard adopted under this part shall be a standard that has
been developed, adopted, or modified by a standard setting
organization.
``(2) Special rules.--
``(A) Different standards.--The Secretary may adopt a
standard that is different from any standard developed,
adopted, or modified by a standard setting organization, if--
``(i) the different standard will substantially reduce
administrative costs to health care providers and health
plans compared to the alternatives; and
``(ii) the standard is promulgated in accordance with the
rulemaking procedures of subchapter III of chapter 5 of title
5, United States Code.
``(B) No standard by standard setting organization.--If no
standard setting organization has developed, adopted, or
modified any standard relating to a standard that the
Secretary is authorized or required to adopt under this
part--
``(i) paragraph (1) shall not apply; and
``(ii) subsection (f) shall apply.
``(d) Implementation Specifications.--The Secretary shall
establish specifications for implementing each of the
standards adopted under this part.
``(e) Protection of Trade Secrets.--Except as otherwise
required by law, a standard adopted under this part shall not
require disclosure of trade secrets or confidential
commercial information by a person required to comply with
this part.
``(f) Assistance to the Secretary.--In complying with the
requirements of this part, the Secretary shall rely on the
recommendations of the National Committee on Vital and Health
Statistics established under section 306(k) of the Public
Health Service Act (42 U.S.C. 242k(k)) and shall consult with
appropriate Federal and State agencies and private
organizations. The Secretary shall publish in the Federal
Register any recommendation of the National Committee on
Vital and Health Statistics regarding the adoption of a
standard under this part.
``(g) Application to Modifications of Standards.--This
section shall apply to a modification to a standard
(including an addition to a standard) adopted under section
1174(b) in the same manner as it applies to an initial
standard adopted under section 1174(a).
``standards for information transactions and data elements
``Sec. 1173. (a) Standards to Enable Electronic Exchange.--
``(1) In general.--The Secretary shall adopt standards for
transactions, and data elements for such transactions, to
enable health information to be exchanged electronically,
that are appropriate for--
``(A) the financial and administrative transactions
described in paragraph (2); and
``(B) other financial and administrative transactions
determined appropriate by the Secretary consistent with the
goals of improving the operation of the health care system
and reducing administrative costs.
``(2) Transactions.--The transactions referred to in
paragraph (1)(A) are the following:
``(A) Claims (including coordination of benefits) or
equivalent encounter information.
``(B) Claims attachments.
``(C) Enrollment and disenrollment.
``(D) Eligibility.
``(E) Health care payment and remittance advice.
``(F) Premium payments.
``(G) First report of injury.
``(H) Claims status.
``(I) Referral certification and authorization.
``(3) Accommodation of specific providers.--The standards
adopted by the Secretary under paragraph (1) shall
accommodate the needs of different types of health care
providers.
``(b) Unique Health Identifiers.--
``(1) In general.--The Secretary shall adopt standards
providing for a standard unique health identifier for each
individual, employer, health plan, and health care provider
for use in the health care system. In carrying out the
preceding sentence for each health plan and health care
provider, the Secretary shall take into account multiple uses
for identifiers and multiple locations and specialty
classifications for health care providers.
``(2) Use of identifiers.--The standards adopted under
paragraphs (1) shall specify the purposes for which a unique
health identifier may be used.
``(c) Code Sets.--
``(1) In general.--The Secretary shall adopt standards
that--
``(A) select code sets for appropriate data elements for
the transactions referred to in
[[Page 620]]
subsection (a)(1) from among the code sets that have been
developed by private and public entities; or
``(B) establish code sets for such data elements if no code
sets for the data elements have been developed.
``(2) Distribution.--The Secretary shall establish
efficient and low-cost procedures for distribution (including
electronic distribution) of code sets and modifications made
to such code sets under section 1174(b).
``(d) Security Standards for Health Information.--
``(1) Security standards.--The Secretary shall adopt
security standards that--
``(A) take into account--
``(i) the technical capabilities of record systems used to
maintain health information;
``(ii) the costs of security measures;
``(iii) the need for training persons who have access to
health information;
``(iv) the value of audit trails in computerized record
systems; and
``(v) the needs and capabilities of small health care
providers and rural health care providers (as such providers
are defined by the Secretary); and
``(B) ensure that a clearinghouse, if it is part of a
larger organization, has policies and security procedures
which isolate the activities of the clearinghouse with
respect to processing information in a manner that prevents
unauthorized access to such information by such larger
organization.
``(2) Safeguards.--Each person described in section 1172(a)
who maintains or transmits health information shall maintain
reasonable and appropriate administrative, technical, and
physical safeguards--
``(A) to ensure the integrity and confidentiality of the
information;
``(B) to protect against any reasonably anticipated--
``(i) threats or hazards to the security or integrity of
the information; and
``(ii) unauthorized uses or disclosures of the information;
and
``(C) otherwise to ensure compliance with this part by the
officers and employees of such person.
``(e) Privacy Standards for Health Information.--The
Secretary shall adopt standards with respect to the privacy
of individually identifiable health information transmitted
in connection with the transactions referred to in subsection
(a)(1). Such standards shall include standards concerning at
least the following:
``(1) The rights of an individual who is a subject of such
information.
``(2) The procedures to be established for the exercise of
such rights.
``(3) The uses and disclosures of such information that are
authorized or required.
``(f) Electronic Signature.--
``(1) In general.--
``(A) Standards.--The Secretary, in coordination with the
Secretary of Commerce, shall adopt standards specifying
procedures for the electronic transmission and authentication
of signatures with respect to the transactions referred to in
subsection (a)(1).
``(B) Effect of compliance.--Compliance with the standards
adopted under subparagraph (A) shall be deemed to satisfy
Federal and State statutory requirements for written
signatures with respect to the transactions referred to in
subsection (a)(1).
``(2) Payments for services and premiums.--Nothing in this
part shall be construed to prohibit payment for health care
services or health plan premiums by debit, credit, payment
card or numbers, or other electronic means.
``(g) Transfer of Information Among Health Plans.--The
Secretary shall adopt standards for transferring among health
plans appropriate standard data elements needed for the
coordination of benefits, the sequential processing of
claims, and other data elements for individuals who have more
than one health plan.
``timetables for adoption of standards
``Sec. 1174. (a) Initial Standards.--The Secretary shall
carry out section 1173 not later than 18 months after the
date of the enactment of the Health Coverage Availability and
Affordability Act of 1996, except that standards relating to
claims attachments shall be adopted not later than 30 months
after such date.
``(b) Additions and Modifications to Standards.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall review the standards adopted under section
1173, and shall adopt modifications to the standards
(including additions to the standards), as determined
appropriate, but not more frequently than once every 6
months. Any addition or modification to a standard shall be
completed in a manner which minimizes the disruption and cost
of compliance.
``(2) Special rules.--
``(A) First 12-month period.--Except with respect to
additions and modifications to code sets under subparagraph
(B), the Secretary may not adopt any modification to a
standard adopted under this part during the 12-month period
beginning on the date the standard is initially adopted,
unless the Secretary determines that the modification is
necessary in order to permit compliance with the standard.
``(B) Additions and modifications to code sets.--
``(i) In general.--The Secretary shall ensure that
procedures exist for the routine maintenance, testing,
enhancement, and expansion of code sets.
``(ii) Additional rules.--If a code set is modified under
this subsection, the modified code set shall include
instructions on how data elements of health information that
were encoded prior to the modification may be converted or
translated so as to preserve the informational value of the
data elements that existed before the modification. Any
modification to a code set under this subsection shall be
implemented in a manner that minimizes the disruption and
cost of complying with such modification.
``requirements
``Sec. 1175. (a) Conduct of Transactions by Plans.--
``(1) In general.--If a person desires to conduct a
transaction referred to in section 1173(a)(1) with a health
plan as a standard transaction--
``(A) the health plan may not refuse to conduct such
transaction as a standard transaction;
``(B) the health plan may not delay such transaction, or
otherwise adversely affect, or attempt to adversely affect,
the person or the transaction on the ground that the
transaction is a standard transaction; and
``(C) the information transmitted and received in
connection with the transaction shall be in the form of
standard data elements of health information.
``(2) Satisfaction of requirements.--A health plan may
satisfy the requirements under paragraph (1) by--
``(A) directly transmitting and receiving standard data
elements of health information; or
``(B) submitting nonstandard data elements to a
clearinghouse for processing into standard data elements and
transmission by the clearinghouse, and receiving standard
data elements through the clearinghouse.
``(3) Timetable for compliance.--Paragraph (1) shall not be
construed to require a health plan to comply with any
standard, implementation specification, or modification to a
standard or specification adopted or established by the
Secretary under sections 1172 through 1174 at any time prior
to the date on which the plan is required to comply with the
standard or specification under subsection (b).
``(b) Compliance With Standards.--
``(1) Initial compliance.--
``(A) In general.--Not later than 24 months after the date
on which an initial standard or implementation specification
is adopted or established under sections 1172 and 1173, each
person to whom the standard or implementation specification
applies shall comply with the standard or specification.
``(B) Special rule for small health plans.--In the case of
a small health plan, paragraph (1) shall be applied by
substituting `36 months' for `24 months'. For purposes of
this subsection, the Secretary shall determine the plans that
qualify as small health plans.
``(2) Compliance With modified standards.--If the Secretary
adopts a modification to a standard or implementation
specification under this part, each person to whom the
standard or implementation specification applies shall comply
with the modified standard or implementation specification at
such time as the Secretary determines appropriate, taking
into account the time needed to comply due to the nature and
extent of the modification. The time determined appropriate
under the preceding sentence may not be earlier than the last
day of the 180-day period beginning on the date such
modification is adopted. The Secretary may extend the time
for compliance for small insurance plans, if the Secretary
determines that such extension is appropriate.
``general penalty for failure to comply with requirements and standards
``Sec. 1176. (a) General Penalty.--
``(1) In general.--Except as provided in subsection (b),
the Secretary shall impose on any person who violates a
provision of this part a penalty of not more than $100 for
each such violation, except that the total amount imposed on
the person for all violations of an identical requirement or
prohibition during a calendar year may not exceed $25,000.
``(2) Procedures.--The provisions of section 1128A (other
than subsections (a) and (b) and the second sentence of
subsection (f)) shall apply to the imposition of a civil
money penalty under this subsection in the same manner as
such provisions apply to the imposition of a penalty under
such section 1128A.
``(b) Limitations.--
``(1) Offenses otherwise punishable.--A penalty may not be
imposed under subsection (a) with respect to an act if the
act constitutes an offense punishable under section 1177.
``(2) Noncompliance not discovered.--A penalty may not be
imposed under subsection (a) with respect to a provision of
this part if it is established to the satisfaction of the
Secretary that the person liable for the penalty did not
know, and by exercising reasonable diligence would not have
known, that such person violated the provision.
``(3) Failures due to reasonable cause.--
``(A) In general.--Except as provided in subparagraph (B),
a penalty may not be imposed under subsection (a) if--
``(i) the failure to comply was due to reasonable cause and
not to willful neglect; and
``(ii) the failure to comply is corrected during the 30-day
period beginning on the first date the person liable for the
penalty knew, or by exercising reasonable diligence would
have known, that the failure to comply occurred.
``(B) Extension of period.--
``(i) No penalty.--The period referred to in subparagraph
(A)(ii) may be extended as de
[[Page 621]]
termined appropriate by the Secretary based on the nature and
extent of the failure to comply.
``(ii) Assistance.--If the Secretary determines that a
person failed to comply because the person was unable to
comply, the Secretary may provide technical assistance to the
person during the period described in subparagraph (A)(ii).
Such assistance shall be provided in any manner determined
appropriate by the Secretary.
``(4) Reduction.--In the case of a failure to comply which
is due to reasonable cause and not to willful neglect, any
penalty under subsection (a) that is not entirely waived
under paragraph (3) may be waived to the extent that the
payment of such penalty would be excessive relative to the
compliance failure involved.
``wrongful disclosure of individually identifiable health information
``Sec. 1177. (a) Offense.--A person who knowingly and in
violation of this part--
``(1) uses or causes to be used a unique health identifier;
``(2) obtains individually identifiable health information
relating to an individual; or
``(3) discloses individually identifiable health
information to another person,
shall be punished as provided in subsection (b).
``(b) Penalties.--A person described in subsection (a)
shall--
``(1) be fined not more than $50,000, imprisoned not more
than 1 year, or both;
``(2) if the offense is committed under false pretenses, be
fined not more than $100,000, imprisoned not more than 5
years, or both; and
``(3) if the offense is committed with intent to sell,
transfer, or use individually identifiable health information
for commercial advantage, personal gain, or malicious harm,
fined not more than $250,000, imprisoned not more than 10
years, or both.
``effect on state law
``Sec. 1178. (a) General Effect.--
``(1) General rule.--Except as provided in paragraph (2), a
provision or requirement under this part, or a standard or
implementation specification adopted or established under
sections 1172 through 1174, shall supersede any contrary
provision of State law, including a provision of State law
that requires medical or health plan records (including
billing information) to be maintained or transmitted in
written rather than electronic form.
``(2) Exceptions.--A provision or requirement under this
part, or a standard or implementation specification adopted
or established under sections 1172 through 1174, shall not
supersede a contrary provision of State law, if the provision
of State law--
``(A) imposes requirements, standards, or implementation
specifications that are more stringent than the requirements,
standards, or implementation specifications under this part
with respect to the privacy of individually identifiable
health information; or
``(B) is a provision the Secretary determines--
``(i) is necessary to prevent fraud and abuse, or for other
purposes; or
``(ii) addresses controlled substances.
``(b) Public Health Reporting.--Nothing in this part shall
be construed to invalidate or limit the authority, power, or
procedures established under any law providing for the
reporting of disease or injury, child abuse, birth, or death,
public health surveillance, or public health investigation or
intervention.''.
(b) Conforming Amendments.--
(1) Requirement for medicare providers.--Section 1866(a)(1)
(42 U.S.C. 1395cc(a)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (P);
(B) by striking the period at the end of subparagraph (Q)
and inserting ``; and''; and
(C) by inserting immediately after subparagraph (Q) the
following new subparagraph:
``(R) to contract only with a clearinghouse (as defined in
section 1171) that meets each standard and implementation
specification adopted or established under part C of title XI
on or after the date on which the clearinghouse is required
to comply with the standard or specification.''.
(2) Title heading.--Title XI (42 U.S.C. 1301 et seq.) is
amended by striking the title heading and inserting the
following:
``TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION''.
SEC. 253. CHANGES IN MEMBERSHIP AND DUTIES OF NATIONAL
COMMITTEE ON VITAL AND HEALTH STATISTICS.
Section 306(k) of the Public Health Service Act (42 U.S.C.
242k(k)) is amended--
(1) in paragraph (1), by striking ``16'' and inserting
``18'';
(2) by amending paragraph (2) to read as follows:
``(2) The members of the Committee shall be appointed from
among persons who have distinguished themselves in the fields
of health statistics, electronic interchange of health care
information, privacy and security of electronic information,
population-based public health, purchasing or financing
health care services, integrated computerized health
information systems, health services research, consumer
interests in health information, health data standards,
epidemiology, and the provision of health services. Members
of the Committee shall be appointed for terms of 4 years.'';
(3) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting after
paragraph (2) the following:
``(3) Of the members of the Committee--
``(A) 1 shall be appointed, not later than 60 days after
the date of the enactment of the Health Coverage Availability
and Affordability Act of 1996, by the Speaker of the House of
Representatives after consultation with the minority leader
of the House of Representatives;
``(B) 1 shall be appointed, not later than 60 days after
the date of the enactment of the Health Coverage Availability
and Affordability Act of 1996, by the President pro tempore
of the Senate after consultation with the minority leader of
the Senate; and
``(C) 16 shall be appointed by the Secretary.'';
(4) by amending paragraph (5) (as so redesignated) to read
as follows:
``(5) The Committee--
``(A) shall assist and advise the Secretary--
``(i) to delineate statistical problems bearing on health
and health services which are of national or international
interest;
``(ii) to stimulate studies of such problems by other
organizations and agencies whenever possible or to make
investigations of such problems through subcommittees;
``(iii) to determine, approve, and revise the terms,
definitions, classifications, and guidelines for assessing
health status and health services, their distribution and
costs, for use (I) within the Department of Health and Human
Services, (II) by all programs administered or funded by the
Secretary, including the Federal-State-local cooperative
health statistics system referred to in subsection (e), and
(III) to the extent possible as determined by the head of the
agency involved, by the Department of Veterans Affairs, the
Department of Defense, and other Federal agencies concerned
with health and health services;
``(iv) with respect to the design of and approval of health
statistical and health information systems concerned with the
collection, processing, and tabulation of health statistics
within the Department of Health and Human Services, with
respect to the Cooperative Health Statistics System
established under subsection (e), and with respect to the
standardized means for the collection of health information
and statistics to be established by the Secretary under
subsection (j)(1);
``(v) to review and comment on findings and proposals
developed by other organizations and agencies and to make
recommendations for their adoption or implementation by
local, State, national, or international agencies;
``(vi) to cooperate with national committees of other
countries and with the World Health Organization and other
national agencies in the studies of problems of mutual
interest;
``(vii) to issue an annual report on the state of the
Nation's health, its health services, their costs and
distributions, and to make proposals for improvement of the
Nation's health statistics and health information systems;
and
``(viii) in complying with the requirements imposed on the
Secretary under part C of title XI of the Social Security
Act;
``(B) shall study the issues related to the adoption of
uniform data standards for patient medical record information
and the electronic exchange of such information;
``(C) shall report to the Secretary not later than 4 years
after the date of the enactment of the Health Coverage
Availability and Affordability Act of 1996 recommendations
and legislative proposals for such standards and electronic
exchange; and
``(D) shall be responsible generally for advising the
Secretary and the Congress on the status of the
implementation of part C of title XI of the Social Security
Act.''; and
(5) by adding at the end the following:
``(7) Not later than 1 year after the date of the enactment
of the Health Coverage Availability and Affordability Act of
1996, and annually thereafter, the Committee shall submit to
the Congress, and make public, a report regarding--
``(A) the extent to which persons required to comply with
part C of title XI of the Social Security Act are cooperating
in implementing the standards adopted under such part;
``(B) the extent to which such entities are meeting the
privacy and security standards adopted under such part and
the types of penalties assessed for noncompliance with such
standards;
``(C) whether the Federal and State Governments are
receiving information of sufficient quality to meet their
responsibilities under such part;
``(D) any problems that exist with respect to
implementation of such part; and
``(E) the extent to which timetables under such part are
being met.''.
Subtitle G--Duplication and Coordination of Medicare-Related Plans
SEC. 261. DUPLICATION AND COORDINATION OF MEDICARE-RELATED
PLANS.
(a) Treatment of Certain Health Insurance Policies as
Nonduplicative.--Effective as if included in the enactment of
section 4354 of the Omnibus Budget Reconciliation Act of
1990, section 1882(d)(3)(A) (42 U.S.C. 1395ss(d)(3)(A)) is
amended--
(1) in clause (iii), by striking ``clause (i)'' and
inserting ``clause (i)(II)''; and
(2) by adding at the end the following:
``(iv) For purposes of this subparagraph, a health
insurance policy providing for benefits which are payable to
or on behalf of an individual without regard to other health
[[Page 622]]
benefit coverage of such individual is not considered to
`duplicate' any health benefits under this title, under title
XIX, or under a health insurance policy, and subclauses (I)
and (III) of clause (i) does not apply to such a policy.
``(v)(I) For purposes of this subparagraph, a health
insurance policy (or a rider to an insurance contract which
is not a health insurance policy), providing benefits for
long-term care, nursing home care, home health care, or
community-based care and that coordinates against or excludes
items and services available or paid for under this title and
(for policies sold or issued on or after 90 days after the
date of enactment of this clause) that discloses such
coordination or exclusion in the policy's outline of
coverage, is not considered to `duplicate' health benefits
under this title.
``(II) For purposes of this subparagraph, a health
insurance policy (which may be a contract with a health
maintenance organization) that is a replacement product for
another health insurance policy that is being terminated by
the issuer, that is being provided to an individual entitled
to benefits under part A on the basis of section 226(b), and
that coordinates against or excludes items and services
available or paid for under this title is not considered to
`duplicate' health benefits under this title.
``(III) For purposes of this clause, the terms
`coordinates' and `coordination' mean, with respect to a
policy in relation to health benefits under this title, that
the policy under its terms is secondary to, or excludes from
payment, items and services to the extent available or paid
for under this title.
``(vi) Notwithstanding any other provision of law, no
criminal or civil penalty may be imposed at any time under
this subparagraph and no legal action may be brought or
continued at any time in any Federal or State court if the
penalty or action is based on an act or omission that
occurred after November 5, 1991, and before the date of the
enactment of this clause, and relates to the sale, issuance,
or renewal of any health insurance policy or rider during
such period, if such policy or rider meets the nonduplication
requirements of clause (iv) or (v).
``(vii) A State may not impose, in the case of the sale,
issuance, or renewal of a health insurance policy (other than
a medicare supplemental policy) or rider to an insurance
contract which is not a health insurance policy, that meets
the nonduplication requirements of this section pursuant to
clause (iv) or (v) to an individual entitled to benefits
under part A or enrolled under part B, any requirement
relating to any duplication (or nonduplication) of health
benefits under such policy or rider with health benefits to
which the individual is otherwise entitled to under this
title.''.
(b) Conforming Amendments.--Section 1882(d)(3) (42 U.S.C.
1395ss(d)(3)) is amended--
(1) in subparagraph (C)--
(A) by striking ``with respect to (i)'' and inserting
``with respect to'', and
(B) by striking ``, (ii) the sale'' and all that follows up
to the period at the end; and
(2) by striking subparagraph (D).
Subtitle H--Medical Liability Reform
PART 1--GENERAL PROVISIONS
SEC. 271. FEDERAL REFORM OF HEALTH CARE LIABILITY ACTIONS.
(a) Applicability.--This subtitle shall apply with respect
to any health care liability action brought in any State or
Federal court, except that this subtitle shall not apply to--
(1) an action for damages arising from a vaccine-related
injury or death to the extent that title XXI of the Public
Health Service Act applies to the action, or
(2) an action under the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1001 et seq.).
(b) Preemption.--This subtitle shall preempt any State law
to the extent such law is inconsistent with the limitations
contained in this subtitle. This subtitle shall not preempt
any State law that provides for defenses or places
limitations on a person's liability in addition to those
contained in this subtitle or otherwise imposes greater
restrictions than those provided in this subtitle.
(c) Effect on Sovereign Immunity and Choice of Law or
Venue.--Nothing in subsection (b) shall be construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any provision of law;
(2) waive or affect any defense of sovereign immunity
asserted by the United States;
(3) affect the applicability of any provision of the
Foreign Sovereign Immunities Act of 1976;
(4) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation; or
(5) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum.
(d) Amount in Controversy.--In an action to which this
subtitle applies and which is brought under section 1332 of
title 28, United States Code, the amount of noneconomic
damages or punitive damages, and attorneys' fees or costs,
shall not be included in determining whether the matter in
controversy exceeds the sum or value of $50,000.
(e) Federal Court Jurisdiction Not Established on Federal
Question Grounds.--Nothing in this subtitle shall be
construed to establish any jurisdiction in the district
courts of the United States over health care liability
actions on the basis of section 1331 or 1337 of title 28,
United States Code.
SEC. 272. DEFINITIONS.
As used in this subtitle:
(1) Actual damages.--The term ``actual damages'' means
damages awarded to pay for economic loss.
(2) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system established under Federal or State law that provides
for the resolution of health care liability claims in a
manner other than through health care liability actions.
(3) Claimant.--The term ``claimant'' means any person who
brings a health care liability action and any person on whose
behalf such an action is brought. If such action is brought
through or on behalf of an estate, the term includes the
claimant's decedent. If such action is brought through or on
behalf of a minor or incompetent, the term includes the
claimant's legal guardian.
(4) Clear and convincing evidence.--The term ``clear and
convincing evidence'' is that measure or degree of proof that
will produce in the mind of the trier of fact a firm belief
or conviction as to the truth of the allegations sought to be
established. Such measure or degree of proof is more than
that required under preponderance of the evidence but less
than that required for proof beyond a reasonable doubt.
(5) Collateral source payments.--The term ``collateral
source payments'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of a claimant, or
any service, product, or other benefit provided or reasonably
likely to be provided in the future to or on behalf of a
claimant, as a result of an injury or wrongful death,
pursuant to--
(A) any State or Federal health, sickness, income-
disability, accident or workers' compensation Act;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;
(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(6) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1)).
(7) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from injury (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment
opportunities), to the extent recovery for such loss is
allowed under applicable State law.
(8) Harm.--The term ``harm'' means any legally cognizable
wrong or injury for which punitive damages may be imposed.
(9) Health benefit plan.--The term ``health benefit plan''
means--
(A) a hospital or medical expense incurred policy or
certificate,
(B) a hospital or medical service plan contract,
(C) a health maintenance subscriber contract,
(D) a multiple employer welfare arrangement or employee
benefit plan (as defined under the Employee Retirement Income
Security Act of 1974), or
(E) a MedicarePlus product (offered under part C of title
XVIII of the Social Security Act),
that provides benefits with respect to health care services.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal court against a health care provider, an entity which
is obligated to provide or pay for health benefits under any
health benefit plan (including any person or entity acting
under a contract or arrangement to provide or administer any
health benefit), or the manufacturer, distributor, supplier,
marketer, promoter, or seller of a medical product, in which
the claimant alleges a claim (including third party claims,
cross claims, counter claims, or distribution claims) based
upon the provision of (or the failure to provide or pay for)
health care services or the use of a medical product,
regardless of the theory of liability on which the claim is
based or the number of plaintiffs, defendants, or causes of
action.
(11) Health care liability claim.--The term ``health care
liability claim'' means a claim in which the claimant alleges
that injury was caused by the provision of (or the failure to
provide) health care services.
(12) Health care provider.--The term ``health care
provider'' means any person that is engaged in the delivery
of health care services in a State and that is required by
the laws or regulations of the State to be licensed or
certified by the State to engage in the delivery of such
services in the State.
(13) Health care service.--The term ``health care service''
means any service for which payment may be made under a
health benefit plan including services related to the
delivery or administration of such service.
(14) Medical device.--The term ``medical device'' has the
meaning given such term in section 201(h) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
(15) Noneconomic damages.--The term ``noneconomic damages''
means damages paid to an individual for pain and suffering,
inconvenience, emotional distress, mental anguish, loss of
consortium, injury to rep
[[Page 623]]
utation, humiliation, and other nonpecuniary losses.
(16) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership,
society, joint stock company, or any other entity, including
any governmental entity.
(17) Product seller.--The term ``product seller'' means a
person who, in the course of a business conducted for that
purpose, sells, distributes, rents, leases, prepares, blends,
packages, labels a product, is otherwise involved in placing
a product in the stream of commerce, or installs, repairs, or
maintains the harm-causing aspect of a product. The term does
not include--
(A) a seller or lessor of real property;
(B) a provider of professional services in any case in
which the sale or use of a product is incidental to the
transaction and the essence of the transaction is the
furnishing of judgment, skill, or services; or
(C) any person who--
(i) acts in only a financial capacity with respect to the
sale of a product; or
(ii) leases a product under a lease arrangement in which
the selection, possession, maintenance, and operation of the
product are controlled by a person other than the lessor.
(18) Punitive damages.--The term ``punitive damages'' means
damages awarded against any person not to compensate for
actual injury suffered, but to punish or deter such person or
others from engaging in similar behavior in the future.
(19) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and any other territory or possession of the United States.
SEC. 273. EFFECTIVE DATE.
This subtitle will apply to any health care liability
action brought in a Federal or State court and to any health
care liability claim subject to an alternative dispute
resolution system, that is initiated on or after the date of
enactment of this subtitle, except that any health care
liability claim or action arising from an injury occurring
prior to the date of enactment of this subtitle shall be
governed by the applicable statute of limitations provisions
in effect at the time the injury occurred.
PART 2--UNIFORM STANDARDS FOR HEALTH CARE LIABILITY ACTIONS
SEC. 281. STATUTE OF LIMITATIONS.
A health care liability action may not be brought after the
expiration of the 2-year period that begins on the date on
which the alleged injury that is the subject of the action
was discovered or should reasonably have been discovered, but
in no case after the expiration of the 5-year period that
begins on the date the alleged injury occurred.
SEC. 282. CALCULATION AND PAYMENT OF DAMAGES.
(a) Treatment of Noneconomic Damages.--
(1) Limitation on noneconomic damages.--The total amount of
noneconomic damages that may be awarded to a claimant for
losses resulting from the injury which is the subject of a
health care liability action may not exceed $250,000,
regardless of the number of parties against whom the action
is brought or the number of actions brought with respect to
the injury.
(2) Joint and several liability.--In any health care
liability action brought in State or Federal court, a
defendant shall be liable only for the amount of noneconomic
damages attributable to such defendant in direct proportion
to such defendant's share of fault or responsibility for the
claimant's actual damages, as determined by the trier of
fact. In all such cases, the liability of a defendant for
noneconomic damages shall be several and not joint.
(b) Treatment of Punitive Damages.--
(1) General rule.--Punitive damages may, to the extent
permitted by applicable State law, be awarded in any health
care liability action for harm in any Federal or State court
against a defendant if the claimant establishes by clear and
convincing evidence that the harm suffered was the result of
conduct--
(A) specifically intended to cause harm, or
(B) conduct manifesting a conscious, flagrant indifference
to the rights or safety of others.
(2) Proportional awards.--The amount of punitive damages
that may be awarded in any health care liability action
subject to this subtitle shall not exceed 3 times the amount
of damages awarded to the claimant for economic loss, or
$250,000, whichever is greater. This paragraph shall be
applied by the court and shall not be disclosed to the jury.
(3) Applicability.--This subsection shall apply to any
health care liability action brought in any Federal or State
court on any theory where punitive damages are sought. This
subsection does not create a cause of action for punitive
damages. This subsection does not preempt or supersede any
State or Federal law to the extent that such law would
further limit the award of punitive damages.
(4) Bifurcation.--At the request of any party, the trier of
fact shall consider in a separate proceeding whether punitive
damages are to be awarded and the amount of such award. If a
separate proceeding is requested, evidence relevant only to
the claim of punitive damages, as determined by applicable
State law, shall be inadmissible in any proceeding to
determine whether actual damages are to be awarded.
(5) Drugs and devices.--
(A) In general.--(i) Punitive damages shall not be awarded
against a manufacturer or product seller of a drug or medical
device which caused the claimant's harm where--
(I) such drug or device was subject to premarket approval
by the Food and Drug Administration with respect to the
safety of the formulation or performance of the aspect of
such drug or device which caused the claimant's harm, or the
adequacy of the packaging or labeling of such drug or device
which caused the harm, and such drug, device, packaging, or
labeling was approved by the Food and Drug Administration; or
(II) the drug is generally recognized as safe and effective
pursuant to conditions established by the Food and Drug
Administration and applicable regulations, including
packaging and labeling regulations.
(ii) Clause (i) shall not apply in any case in which the
defendant, before or after premarket approval of a drug or
device--
(I) intentionally and wrongfully withheld from or
misrepresented to the Food and Drug Administration
information concerning such drug or device required to be
submitted under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or section 351 of the Public Health
Service Act (42 U.S.C. 262) that is material and relevant to
the harm suffered by the claimant, or
(II) made an illegal payment to an official or employee of
the Food and Drug Administration for the purpose of securing
or maintaining approval of such drug or device.
(B) Packaging.--In a health care liability action for harm
which is alleged to relate to the adequacy of the packaging
or labeling of a drug which is required to have tamper-
resistant packaging under regulations of the Secretary of
Health and Human Services (including labeling regulations
related to such packaging), the manufacturer or product
seller of the drug shall not be held liable for punitive
damages unless such packaging or labeling is found by the
court by clear and convincing evidence to be substantially
out of compliance with such regulations.
(c) Periodic Payments for Future Losses.--
(1) General rule.--In any health care liability action in
which the damages awarded for future economic and noneconomic
loss exceeds $50,000, a person shall not be required to pay
such damages in a single, lump-sum payment, but shall be
permitted to make such payments periodically based on when
the damages are found likely to occur, as such payments are
determined by the court.
(2) Finality of judgment.--The judgment of the court
awarding periodic payments under this subsection may not, in
the absence of fraud, be reopened at any time to contest,
amend, or modify the schedule or amount of the payments.
(3) Lump-sum settlements.--This subsection shall not be
construed to preclude a settlement providing for a single,
lump-sum payment.
(d) Treatment of Collateral Source Payments.--
(1) Introduction into evidence.--In any health care
liability action, any defendant may introduce evidence of
collateral source payments. If any defendant elects to
introduce such evidence, the claimant may introduce evidence
of any amount paid or contributed or reasonably likely to be
paid or contributed in the future by or on behalf of the
claimant to secure the right to such collateral source
payments.
(2) No subrogation.--No provider of collateral source
payments shall recover any amount against the claimant or
receive any lien or credit against the claimant's recovery or
be equitably or legally subrogated the right of the claimant
in a health care liability action.
(3) Application to settlements.--This subsection shall
apply to an action that is settled as well as an action that
is resolved by a fact finder.
SEC. 283. ALTERNATIVE DISPUTE RESOLUTION.
Any ADR used to resolve a health care liability action or
claim shall contain provisions relating to statute of
limitations, non-economic damages, joint and several
liability, punitive damages, collateral source rule, and
periodic payments which are identical to the provisions
relating to such matters in this subtitle.
TITLE III--TAX-RELATED HEALTH PROVISIONS
SEC. 300. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Medical Savings Accounts
SEC. 301. MEDICAL SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1
(relating to additional itemized deductions for individuals)
is amended by redesignating section 220 as section 221 and by
inserting after section 219 the following new section:
``SEC. 220. MEDICAL SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual who
is an eligible individual for any month during the taxable
year, there shall be allowed as a deduction for the taxable
year an amount equal to the aggregate amount paid in cash
during such taxable year by such individual to a medical
savings account of such individual.
``(b) Limitations.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount allow
[[Page 624]]
able as a deduction under subsection (a) to an individual for
the taxable year shall not exceed--
``(A) except as provided in subparagraph (B), the lesser
of--
``(i) $2,000, or
``(ii) the annual deductible limit for any individual
covered under the high deductible health plan, or
``(B) in the case of a high deductible health plan covering
the taxpayer and any other eligible individual who is the
spouse or any dependent (as defined in section 152) of the
taxpayer, the lesser of--
``(i) $4,000, or
``(ii) the annual limit under the plan on the aggregate
amount of deductibles required to be paid by all individuals.
The preceding sentence shall not apply if the spouse of such
individual is covered under any other high deductible health
plan.
``(2) Special rule for married individuals.--
``(A) In general.--This subsection shall be applied
separately for each married individual.
``(B) Special rule.--If individuals who are married to each
other are covered under the same high deductible health plan,
then the amounts applicable under paragraph (1)(B) shall be
divided equally between them unless they agree on a different
division.
``(3) Coordination with exclusion for employer
contributions.--No deduction shall be allowed under this
section for any amount paid for any taxable year to a medical
savings account of an individual if--
``(A) any amount is paid to any medical savings account of
such individual which is excludable from gross income under
section 106(b) for such year, or
``(B) in a case described in paragraph (2)(B), any amount
is paid to any medical savings account of either spouse which
is so excludable for such year.
``(4) Proration of limitation.--
``(A) In general.--The limitation under paragraph (1) shall
be the sum of the monthly limitations for months during the
taxable year that the individual is an eligible individual
if--
``(i) such individual is not an eligible individual for all
months of the taxable year,
``(ii) the deductible under the high deductible health plan
covering such individual is not the same throughout such
taxable year, or
``(iii) such limitation is determined under paragraph
(1)(B) for some but not all months during such taxable year.
``(B) Monthly limitation.--The monthly limitation for any
month shall be an amount equal to \1/12\ of the limitation
which would (but for this paragraph and paragraph (3)) be
determined under paragraph (1) if the facts and circumstances
as of the first day of such month that such individual is
covered under a high deductible health plan were true for the
entire taxable year.
``(5) Denial of deduction to dependents.--No deduction
shall be allowed under this section to any individual with
respect to whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual' means,
with respect to any month, any individual--
``(i) who is covered under a high deductible health plan as
of the 1st day of such month, and
``(ii) who is not, while covered under a high deductible
health plan, covered under any health plan--
``(I) which is not a high deductible health plan, and
``(II) which provides coverage for any benefit which is
covered under the high deductible health plan.
``(B) Certain coverage disregarded.--Subparagraph (A)(ii)
shall be applied without regard to--
``(i) coverage for any benefit provided by permitted
insurance, and
``(ii) coverage (whether through insurance or otherwise)
for accidents, disability, dental care, vision care, or long-
term care.
``(2) High deductible health plan.--The term `high
deductible health plan' means a health plan which--
``(A) has an annual deductible limit for each individual
covered by the plan which is not less than $1,500, and
``(B) has an annual limit on the aggregate amount of
deductibles required to be paid with respect to all
individuals covered by the plan which is not less than
$3,000.
Such term does not include a health plan if substantially all
of its coverage is coverage described in paragraph (1)(B). A
plan shall not fail to be treated as a high deductible health
plan by reason of failing to have a deductible for preventive
care if the absence of a deductible for such care is required
by State law.
``(3) Permitted insurance.--The term `permitted insurance'
means--
``(A) Medicare supplemental insurance,
``(B) insurance if substantially all of the coverage
provided under such insurance relates to--
``(i) liabilities incurred under workers' compensation
laws,
``(ii) tort liabilities,
``(iii) liabilities relating to ownership or use of
property, or
``(iv) such other similar liabilities as the Secretary may
specify by regulations,
``(C) insurance for a specified disease or illness, and
``(D) insurance paying a fixed amount per day (or other
period) of hospitalization.
``(d) Medical Savings Account.--For purposes of this
section--
``(1) Medical savings account.--The term `medical savings
account' means a trust created or organized in the United
States exclusively for the purpose of paying the qualified
medical expenses of the account holder, but only if the
written governing instrument creating the trust meets the
following requirements:
``(A) Except in the case of a rollover contribution
described in subsection (f)(5), no contribution will be
accepted--
``(i) unless it is in cash, or
``(ii) to the extent such contribution, when added to
previous contributions to the trust for the calendar year,
exceeds $4,000.
``(B) The trustee is a bank (as defined in section 408(n)),
an insurance company (as defined in section 816), or another
person who demonstrates to the satisfaction of the Secretary
that the manner in which such person will administer the
trust will be consistent with the requirements of this
section.
``(C) No part of the trust assets will be invested in life
insurance contracts.
``(D) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(E) The interest of an individual in the balance in his
account is nonforfeitable.
``(2) Qualified medical expenses.--
``(A) In general.--The term `qualified medical expenses'
means, with respect to an account holder, amounts paid by
such holder for medical care (as defined in section 213(d))
for such individual, the spouse of such individual, and any
dependent (as defined in section 152) of such individual, but
only to the extent such amounts are not compensated for by
insurance or otherwise.
``(B) Health insurance may not be purchased from account.--
``(i) In general.--Subparagraph (A) shall not apply to any
payment for insurance.
``(ii) Exceptions.--Clause (i) shall not apply to any
expense for coverage under--
``(I) a health plan during any period of continuation
coverage required under any Federal law,
``(II) a qualified long-term care insurance contract (as
defined in section 7702B(b)), or
``(III) a health plan during a period in which the
individual is receiving unemployment compensation under any
Federal or State law.
``(3) Account holder.--The term `account holder' means the
individual on whose behalf the medical savings account was
established.
``(4) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction for
rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Except as provided in section 106(b), section
219(f)(5) (relating to employer payments).
``(D) Section 408(g) (relating to community property laws).
``(E) Section 408(h) (relating to custodial accounts).
``(e) Tax Treatment of Accounts.--
``(1) In general.--A medical savings account is exempt from
taxation under this subtitle unless such account has ceased
to be a medical savings account by reason of paragraph (2) or
(3). Notwithstanding the preceding sentence, any such account
is subject to the taxes imposed by section 511 (relating to
imposition of tax on unrelated business income of charitable,
etc. organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to
medical savings accounts, and any amount treated as
distributed under such rules shall be treated as not used to
pay qualified medical expenses.
``(f) Tax Treatment of Distributions.--
``(1) Amounts used for qualified medical expenses.--
``(A) In general.--Any amount paid or distributed out of a
medical savings account which is used exclusively to pay
qualified medical expenses of any account holder (or any
spouse or dependent of the holder) shall not be includible in
gross income.
``(B) Treatment after death of account holder.--
``(i) Treatment if holder is spouse.--If, after the death
of the account holder, the account holder's interest is
payable to (or for the benefit of) the holder's spouse, the
medical savings account shall be treated as if the spouse
were the account holder.
``(ii) Treatment if designated holder is not spouse.--In
the case of an account holder's interest in a medical savings
account which is payable to (or for the benefit of) any
person other than such holder's spouse upon the death of such
holder--
``(I) such account shall cease to be a medical savings
account as of the date of death, and
``(II) an amount equal to the fair market value of the
assets in such account on such date shall be includible if
such person is not the estate of such holder, in such
person's gross income for the taxable year which includes
such date, or if such person is the estate of such holder, in
such holder's gross income for the last taxable year of such
holder.
``(2) Inclusion of amounts not used for qualified medical
expenses.--
``(A) In general.--Any amount paid or distributed out of a
medical savings account which is not used exclusively to pay
the
[[Page 625]]
qualified medical expenses of the account holder or of the
spouse or dependents of such holder shall be included in the
gross income of such holder.
``(B) Special rules.--For purposes of subparagraph (A)--
``(i) all medical savings accounts of the account holder
shall be treated as 1 account,
``(ii) all payments and distributions during any taxable
year shall be treated as 1 distribution, and
``(iii) any distribution of property shall be taken into
account at its fair market value on the date of the
distribution.
``(3) Excess contributions returned before due date of
return.--If the aggregate contributions (other than rollover
contributions) for a taxable year to the medical savings
accounts of an individual exceed the amount allowable as a
deduction under this section for such contributions,
paragraph (2) shall not apply to distributions from such
accounts (in an amount not greater than such excess) if--
``(A) such distribution is received by the individual on or
before the last day prescribed by law (including extensions
of time) for filing such individual's return for such taxable
year, and
``(B) such distribution is accompanied by the amount of net
income attributable to such excess contribution.
Any net income described in subparagraph (B) shall be
included in the gross income of the individual for the
taxable year in which it is received.
``(4) Penalty for distributions not used for qualified
medical expenses.--
``(A) In general.--The tax imposed by this chapter on the
account holder for any taxable year in which there is a
payment or distribution from a medical savings account of
such holder which is includible in gross income under
paragraph (2) shall be increased by 10 percent of the amount
which is so includible.
``(B) Exception for disability or death.--Subparagraph (A)
shall not apply if the payment or distribution is made after
the account holder becomes disabled within the meaning of
section 72(m)(7) or dies.
``(C) Exception for distributions after age 59\1/2\.--
Subparagraph (A) shall not apply to any payment or
distribution after the date on which the account holder
attains age 59\1/2\.
``(5) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--Paragraph (2) shall not apply to any
amount paid or distributed from a medical savings account to
the account holder to the extent the amount received is paid
into a medical savings account for the benefit of such holder
not later than the 60th day after the day on which the holder
receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply to any
amount described in subparagraph (A) received by an
individual from a medical savings account if, at any time
during the 1-year period ending on the day of such receipt,
such individual received any other amount described in
subparagraph (A) from a medical savings account which was not
includible in the individual's gross income because of the
application of this paragraph.
``(6) Coordination with medical expense deduction.--For
purposes of determining the amount of the deduction under
section 213, any payment or distribution out of a medical
savings account for qualified medical expenses shall not be
treated as an expense paid for medical care.
``(7) Transfer of account incident to divorce.--The
transfer of an individual's interest in a medical savings
account to an individual's spouse or former spouse under a
divorce or separation instrument described in subparagraph
(A) of section 71(b)(2) shall not be considered a taxable
transfer made by such individual notwithstanding any other
provision of this subtitle, and such interest shall, after
such transfer, be treated as a medical savings account with
respect to which the spouse is the account holder.
``(g) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 1997, each dollar amount
in subsection (b)(1), (c)(2), or (d)(1)(A) shall be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the medical care cost adjustment for such calendar
year.
If any increase under the preceding sentence is not a
multiple of $50, such increase shall be rounded to the
nearest multiple of $50.
``(2) Medical care cost adjustment.--For purposes of
paragraph (1), the medical care cost adjustment for any
calendar year is the percentage (if any) by which--
``(A) the medical care component of the Consumer Price
Index (as defined in section 1(f)(5)) for August of the
preceding calendar year, exceeds
``(B) such component for August of 1996.
``(h) Reports.--The Secretary may require the trustee of a
medical savings account to make such reports regarding such
account to the Secretary and to the account holder with
respect to contributions, distributions, and such other
matters as the Secretary determines appropriate. The reports
required by this subsection shall be filed at such time and
in such manner and furnished to such individuals at such time
and in such manner as may be required by those regulations.''
(b) Deduction Allowed Whether or Not Individual Itemizes
Other Deductions.--Subsection (a) of section 62 is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Medical savings accounts.--The deduction allowed by
section 220.''
(c) Exclusions for Employer Contributions to Medical
Savings Accounts.--
(1) Exclusion from income tax.--The text of section 106
(relating to contributions by employer to accident and health
plans) is amended to read as follows:
``(a) General Rule.--Except as otherwise provided in this
section, gross income of an employee does not include
employer-provided coverage under an accident or health plan.
``(b) Contributions to Medical Savings Accounts.--
``(1) In general.--In the case of an employee who is an
eligible individual, gross income does not include amounts
contributed by such employee's employer to any medical
savings account of such employee.
``(2) Coordination with deduction limitation.--The amount
excluded from the gross income of an employee under this
subsection for any taxable year shall not exceed the
limitation under section 220(b)(1) (determined without regard
to this subsection) which is applicable to such employee for
such taxable year.
``(3) No constructive receipt.--No amount shall be included
in the gross income of any employee solely because the
employee may choose between the contributions referred to in
paragraph (1) and employer contributions to another health
plan of the employer.
``(4) Special rule for deduction of employer
contributions.--Any employer contribution to a medical
savings account, if otherwise allowable as a deduction under
this chapter, shall be allowed only for the taxable year in
which paid.
``(5) Definitions.--For purposes of this subsection, the
terms `eligible individual' and `medical savings account'
have the respective meanings given to such terms by section
220.''
(2) Exclusion from employment taxes.--
(A) Social security taxes.--
(i) Subsection (a) of section 3121 is amended by striking
``or'' at the end of paragraph (20), by striking the period
at the end of paragraph (21) and inserting ``; or'', and by
inserting after paragraph (21) the following new paragraph:
``(22) any payment made to or for the benefit of an
employee if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such
payment from income under section 106(b).''
(ii) Subsection (a) of section 209 of the Social Security
Act is amended by striking ``or'' at the end of paragraph
(17), by striking the period at the end of paragraph (18) and
inserting ``; or'', and by inserting after paragraph (18) the
following new paragraph:
``(19) any payment made to or for the benefit of an
employee if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such
payment from income under section 106(b) of the Internal
Revenue Code of 1986.''
(B) Railroad retirement tax.--Subsection (e) of section
3231 is amended by adding at the end the following new
paragraph:
``(10) Medical savings account contributions.--The term
`compensation' shall not include any payment made to or for
the benefit of an employee if at the time of such payment it
is reasonable to believe that the employee will be able to
exclude such payment from income under section 106(b).''
(C) Unemployment tax.--Subsection (b) of section 3306 is
amended by striking ``or'' at the end of paragraph (15), by
striking the period at the end of paragraph (16) and
inserting ``; or'', and by inserting after paragraph (16) the
following new paragraph:
``(17) any payment made to or for the benefit of an
employee if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such
payment from income under section 106(b).''
(D) Withholding tax.--Subsection (a) of section 3401 is
amended by striking ``or'' at the end of paragraph (19), by
striking the period at the end of paragraph (20) and
inserting ``; or'', and by inserting after paragraph (20) the
following new paragraph:
``(21) any payment made to or for the benefit of an
employee if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such
payment from income under section 106(b).''
(d) Medical Savings Account Contributions Not Available
Under Cafeteria Plans.--Subsection (f) of section 125 of such
Code is amended by inserting ``106(b),'' before ``117''.
(e) Exclusion of Medical Savings Accounts From Estate
Tax.--Part IV of subchapter A of chapter 11 is amended by
adding at the end the following new section:
``SEC. 2057. MEDICAL SAVINGS ACCOUNTS.
``For purposes of the tax imposed by section 2001, the
value of the taxable estate shall be determined by deducting
from the value of the gross estate an amount equal to the
value of any medical savings account (as defined in section
220(d)) included in the gross estate.''
(f) Tax on Excess Contributions.--Section 4973 (relating to
tax on excess contributions to individual retirement
accounts, certain section 403(b) contracts, and certain
individual retirement annuities) is amended--
(1) by inserting ``MEDICAL SAVINGS ACCOUNTS,'' after
``ACCOUNTS,'' in the heading of such section,
(2) by striking ``or'' at the end of paragraph (1) of
subsection (a),
[[Page 626]]
(3) by redesignating paragraph (2) of subsection (a) as
paragraph (3) and by inserting after paragraph (1) the
following:
``(2) a medical savings account (within the meaning of
section 220(d)), or'', and
(4) by adding at the end the following new subsection:
``(d) Excess Contributions to Medical Savings Accounts.--
For purposes of this section, in the case of a medical
savings accounts (within the meaning of section 220(d)), the
term `excess contributions' means the sum of--
``(1) the amount by which the amount contributed for the
taxable year to the accounts (other than rollover
contributions described in section 220(f)(5)) exceeds the
amount allowable as a deduction under section 220 for such
contributions, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of distributions
out of the account included in gross income under section
220(f) (2) or (3) and the excess (if any) of the maximum
amount allowable as a deduction under section 220 for the
taxable year over the amount contributed to the accounts.
For purposes of this subsection, any contribution which is
distributed out of the medical savings account in a
distribution to which section 220(f)(3) applies shall be
treated as an amount not contributed.''
(g) Tax on Prohibited Transactions.--
(1) Section 4975 (relating to tax on prohibited
transactions) is amended by adding at the end of subsection
(c) the following new paragraph:
``(4) Special rule for medical savings accounts.--An
individual for whose benefit a medical savings account
(within the meaning of section 220(d)) is established shall
be exempt from the tax imposed by this section with respect
to any transaction concerning such account (which would
otherwise be taxable under this section) if, with respect to
such transaction, the account ceases to be a medical savings
account by reason of the application of section 220(e)(2) to
such account.''
(2) Paragraph (1) of section 4975(e) is amended to read as
follows:
``(1) Plan.--For purposes of this section, the term `plan'
means--
``(A) a trust described in section 401(a) which forms a
part of a plan, or a plan described in section 403(a), which
trust or plan is exempt from tax under section 501(a),
``(B) an individual retirement account described in section
408(a),
``(C) an individual retirement annuity described in section
408(b),
``(D) a medical savings account described in section
220(d), or
``(E) a trust, plan, account, or annuity which, at any
time, has been determined by the Secretary to be described in
any preceding subparagraph of this paragraph.''
(h) Failure To Provide Reports on Medical Savings
Accounts.--
(1) Subsection (a) of section 6693 (relating to failure to
provide reports on individual retirement accounts or
annuities) is amended to read as follows:
``(a) Reports.--
``(1) In general.--If a person required to file a report
under a provision referred to in paragraph (2) fails to file
such report at the time and in the manner required by such
provision, such person shall pay a penalty of $50 for each
failure unless it is shown that such failure is due to
reasonable cause.
``(2) Provisions.--The provisions referred to in this
paragraph are--
``(A) subsections (i) and (l) of section 408 (relating to
individual retirement plans), and
``(B) section 220(h) (relating to medical savings
accounts).''
(i) Exception From Capitalization of Policy Acquisition
Expenses.--Subparagraph (B) of section 848(e)(1) (defining
specified insurance contract) is amended by striking ``and''
at the end of clause (ii), by striking the period at the end
of clause (iii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iv) any contract which is a medical savings account (as
defined in section 220(d)).''.
(j) Clerical Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 is amended by striking the last item and inserting
the following:
``Sec. 220. Medical savings accounts.
``Sec. 221. Cross reference.''
(2) The table of sections for part IV of subchapter A of
chapter 11 is amended by adding at the end the following new
item:
``Sec. 2057. Medical savings accounts.''
(k) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
Subtitle B--Increase in Deduction for Health Insurance Costs of Self-
Employed Individuals
SEC. 311. INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) is amended
to read as follows:
``(1) Allowance of deduction.--
``(A) In general.--In the case of an individual who is an
employee within the meaning of section 401(c)(1), there shall
be allowed as a deduction under this section an amount equal
to the applicable percentage of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer, his spouse, and dependents.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be determined under the
following table:
``For taxable years beginning The applicable
in calendar year-- percentage is--
1998................................................35 percent
1999, 2000, or 2001.................................40 percent
2002................................................45 percent
2003 or thereafter................................50 percent.''
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1997.
Subtitle C--Long-Term Care Services and Contracts
PART I--GENERAL PROVISIONS
SEC. 321. TREATMENT OF LONG-TERM CARE INSURANCE.
(a) General Rule.--Chapter 79 (relating to definitions) is
amended by inserting after section 7702A the following new
section:
``SEC. 7702B. TREATMENT OF QUALIFIED LONG-TERM CARE
INSURANCE.
``(a) In General.--For purposes of this title--
``(1) a qualified long-term care insurance contract shall
be treated as an accident and health insurance contract,
``(2) amounts (other than policyholder dividends, as
defined in section 808, or premium refunds) received under a
qualified long-term care insurance contract shall be treated
as amounts received for personal injuries and sickness and
shall be treated as reimbursement for expenses actually
incurred for medical care (as defined in section 213(d)),
``(3) any plan of an employer providing coverage under a
qualified long-term care insurance contract shall be treated
as an accident and health plan with respect to such coverage,
``(4) except as provided in subsection (e)(3), amounts paid
for a qualified long-term care insurance contract providing
the benefits described in subsection (b)(2)(A) shall be
treated as payments made for insurance for purposes of
section 213(d)(1)(D), and
``(5) a qualified long-term care insurance contract shall
be treated as a guaranteed renewable contract subject to the
rules of section 816(e).
``(b) Qualified Long-Term Care Insurance Contract.--For
purposes of this title--
``(1) In general.--The term `qualified long-term care
insurance contract' means any insurance contract if--
``(A) the only insurance protection provided under such
contract is coverage of qualified long-term care services,
``(B) such contract does not pay or reimburse expenses
incurred for services or items to the extent that such
expenses are reimbursable under title XVIII of the Social
Security Act or would be so reimbursable but for the
application of a deductible or coinsurance amount,
``(C) such contract is guaranteed renewable,
``(D) such contract does not provide for a cash surrender
value or other money that can be--
``(i) paid, assigned, or pledged as collateral for a loan,
or
``(ii) borrowed,
other than as provided in subparagraph (E) or paragraph
(2)(C),
``(E) all refunds of premiums, and all policyholder
dividends or similar amounts, under such contract are to be
applied as a reduction in future premiums or to increase
future benefits, and
``(F) such contract meets the requirements of subsection
(f).
``(2) Special rules.--
``(A) Per diem, etc. payments permitted.--A contract shall
not fail to be described in subparagraph (A) or (B) of
paragraph (1) by reason of payments being made on a per diem
or other periodic basis without regard to the expenses
incurred during the period to which the payments relate.
``(B) Special rules relating to medicare.--
``(i) Paragraph (1)(B) shall not apply to expenses which
are reimbursable under title XVIII of the Social Security Act
only as a secondary payor.
``(ii) No provision of law shall be construed or applied so
as to prohibit the offering of a qualified long-term care
insurance contract on the basis that the contract coordinates
its benefits with those provided under such title.
``(C) Refunds of premiums.--Paragraph (1)(E) shall not
apply to any refund on the death of the insured, or on a
complete surrender or cancellation of the contract, which
cannot exceed the aggregate premiums paid under the contract.
Any refund on a complete surrender or cancellation of the
contract shall be includible in gross income to the extent
that any deduction or exclusion was allowable with respect to
the premiums.
``(c) Qualified Long-Term Care Services.--For purposes of
this section--
``(1) In general.--The term `qualified long-term care
services' means necessary diagnostic, preventive,
therapeutic, curing, treating, mitigating, and rehabilitative
services, and maintenance or personal care services, which--
``(A) are required by a chronically ill individual, and
``(B) are provided pursuant to a plan of care prescribed by
a licensed health care practitioner.
``(2) Chronically ill individual.--
``(A) In general.--The term `chronically ill individual'
means any individual who has been certified by a licensed
health care practitioner as--
``(i) being unable to perform (without substantial
assistance from another individual)
[[Page 627]]
at least 2 activities of daily living for a period of at
least 90 days due to a loss of functional capacity,
``(ii) having a level of disability similar (as determined
by the Secretary in consultation with the Secretary of Health
and Human Services) to the level of disability described in
clause (i), or
``(iii) requiring substantial supervision to protect such
individual from threats to health and safety due to severe
cognitive impairment.
Such term shall not include any individual otherwise meeting
the requirements of the preceding sentence unless within the
preceding 12-month period a licensed health care practitioner
has certified that such individual meets such requirements.
``(B) Activities of daily living.--For purposes of
subparagraph (A), each of the following is an activity of
daily living:
``(i) Eating.
``(ii) Toileting.
``(iii) Transferring.
``(iv) Bathing.
``(v) Dressing.
``(vi) Continence.
Nothing in this section shall be construed to require a
contract to take into account all of the preceding activities
of daily living.
``(3) Maintenance or personal care services.--The term
`maintenance or personal care services' means any care the
primary purpose of which is the provision of needed
assistance with any of the disabilities as a result of which
the individual is a chronically ill individual (including the
protection from threats to health and safety due to severe
cognitive impairment).
``(4) Licensed health care practitioner.--The term
`licensed health care practitioner' means any physician (as
defined in section 1861(r)(1) of the Social Security Act) and
any registered professional nurse, licensed social worker, or
other individual who meets such requirements as may be
prescribed by the Secretary.
``(d) Aggregate Payments in Excess of Limits.--
``(1) In general.--If the aggregate amount of periodic
payments under all qualified long-term care insurance
contracts with respect to an insured for any period exceeds
the dollar amount in effect for such period under paragraph
(3), such excess payments shall be treated as made for
qualified long-term care services only to the extent of the
costs incurred by the payee (not otherwise compensated for by
insurance or otherwise) for qualified long-term care services
provided during such period for such insured.
``(2) Periodic payments.--For purposes of paragraph (1),
the term `periodic payment' means any payment (whether on a
periodic basis or otherwise) made without regard to the
extent of the costs incurred by the payee for qualified long-
term care services.
``(3) Dollar amount.--The dollar amount in effect under
this subsection shall be $175 per day (or the equivalent
amount in the case of payments on another periodic basis).
``(4) Inflation adjustment.--In the case of a calendar year
after 1997, the dollar amount contained in paragraph (3)
shall be increased at the same time and in the same manner as
amounts are increased pursuant to section 213(d)(10).
``(e) Treatment of Coverage Provided as Part of a Life
Insurance Contract.--Except as otherwise provided in
regulations prescribed by the Secretary, in the case of any
long-term care insurance coverage (whether or not qualified)
provided by a rider on or as part of a life insurance
contract--
``(1) In general.--This section shall apply as if the
portion of the contract providing such coverage is a separate
contract.
``(2) Application of 7702.--Section 7702(c)(2) (relating to
the guideline premium limitation) shall be applied by
increasing the guideline premium limitation with respect to a
life insurance contract, as of any date--
``(A) by the sum of any charges (but not premium payments)
against the life insurance contract's cash surrender value
(within the meaning of section 7702(f)(2)(A)) for such
coverage made to that date under the contract, less
``(B) any such charges the imposition of which reduces the
premiums paid for the contract (within the meaning of section
7702(f)(1)).
``(3) Application of section 213.--No deduction shall be
allowed under section 213(a) for charges against the life
insurance contract's cash surrender value described in
paragraph (2), unless such charges are includible in income
as a result of the application of section 72(e)(10) and the
rider is a qualified long-term care insurance contract under
subsection (b).
``(4) Portion defined.--For purposes of this subsection,
the term `portion' means only the terms and benefits under a
life insurance contract that are in addition to the terms and
benefits under the contract without regard to the coverage
under a qualified long-term care insurance contract.''
(b) Long-Term Care Insurance Not Permitted Under Cafeteria
Plans or Flexible Spending Arrangements.--
(1) Cafeteria plans.--Section 125(f) is amended by adding
at the end the following new sentence: ``Such term shall not
include any long-term care insurance contract (as defined in
section 4980C).''
(2) Flexible spending arrangements.--Section 106 (relating
to contributions by employer to accident and health plans),
as amended by section 301(c), is amended by adding at the end
the following new subsection:
``(c) Inclusion of Long-Term Care Benefits Provided Through
Flexible Spending Arrangements.--
``(1) In general.--Effective on and after January 1, 1997,
gross income of an employee shall include employer-provided
coverage for qualified long-term care services (as defined in
section 7702B(c)) to the extent that such coverage is
provided through a flexible spending or similar arrangement.
``(2) Flexible spending arrangement.--For purposes of this
subsection, a flexible spending arrangement is a benefit
program which provides employees with coverage under which--
``(A) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(B) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is
less than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably
available shall be determined on the basis of the underlying
coverage.''
(c) Continuation Coverage Excise Tax Not To Apply.--
Subsection (f) of section 4980B is amended by adding at the
end the following new paragraph:
``(9) Continuation of long-term care coverage not
required.--A group health plan shall not be treated as
failing to meet the requirements of this subsection solely by
reason of failing to provide coverage under any qualified
long-term care insurance contract (as defined in section
7702B(b)).''
(d) Clerical Amendment.--The table of sections for chapter
79 is amended by inserting after the item relating to section
7702A the following new item:
``Sec. 7702B. Treatment of qualified long-term care insurance.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to contracts issued after December 31, 1996.
(2) Continuation of existing policies.--In the case of any
contract issued before January 1, 1997, which met the long-
term care insurance requirements of the State in which the
contract was sitused at the time the contract was issued--
(A) such contract shall be treated for purposes of the
Internal Revenue Code of 1986 as a qualified long-term care
insurance contract (as defined in section 7702B(b) of such
Code), and
(B) services provided under, or reimbursed by, such
contract shall be treated for such purposes as qualified
long-term care services (as defined in section 7702B(c) of
such Code).
(3) Exchanges of existing policies.--If, after the date of
enactment of this Act and before January 1, 1998, a contract
providing for long-term care insurance coverage is exchanged
solely for a qualified long-term care insurance contract (as
defined in section 7702B(b) of such Code), no gain or loss
shall be recognized on the exchange. If, in addition to a
qualified long-term care insurance contract, money or other
property is received in the exchange, then any gain shall be
recognized to the extent of the sum of the money and the fair
market value of the other property received. For purposes of
this paragraph, the cancellation of a contract providing for
long-term care insurance coverage and reinvestment of the
cancellation proceeds in a qualified long-term care insurance
contract within 60 days thereafter shall be treated as an
exchange.
(4) Issuance of certain riders permitted.--For purposes of
applying sections 101(f), 7702, and 7702A of the Internal
Revenue Code of 1986 to any contract--
(A) the issuance of a rider which is treated as a qualified
long-term care insurance contract under section 7702B, and
(B) the addition of any provision required to conform any
other long-term care rider to be so treated,
shall not be treated as a modification or material change of
such contract.
SEC. 322. QUALIFIED LONG-TERM CARE SERVICES TREATED AS
MEDICAL CARE.
(a) General Rule.--Paragraph (1) of section 213(d)
(defining medical care) is amended by striking ``or'' at the
end of subparagraph (B), by redesignating subparagraph (C) as
subparagraph (D), and by inserting after subparagraph (B) the
following new subparagraph:
``(C) for qualified long-term care services (as defined in
section 7702B(c)), or''.
(b) Technical Amendments.--
(1) Subparagraph (D) of section 213(d)(1) (as redesignated
by subsection (a)) is amended by inserting before the period
``or for any qualified long-term care insurance contract (as
defined in section 7702B(b))''.
(2)(A) Paragraph (1) of section 213(d) is amended by adding
at the end the following new flush sentence:
``In the case of a qualified long-term care insurance
contract (as defined in section 7702B(b)), only eligible
long-term care premiums (as defined in paragraph (10)) shall
be taken into account under subparagraph (D).''
(B) Subsection (d) of section 213 is amended by adding at
the end the following new paragraphs:
``(10) Eligible long-term care premiums.--
``(A) In general.--For purposes of this section, the term
`eligible long-term care premiums' means the amount paid
during a taxable year for any qualified long-term care
insurance contract (as defined in section 7702B(b)) covering
an individual, to the extent such amount does not exceed the
limitation determined under the following table:
[[Page 628]]
``In the case of an individual
with an attained age before the The limitation
close of the taxable year of: is:
40 or less............................................$ 200
More than 40 but not more than 50........................375
More than 50 but not more than 60........................750
More than 60 but not more than 70......................2,000
More than 70...........................................2,500.
``(B) Indexing.--
``(i) In general.--In the case of any taxable year
beginning in a calendar year after 1997, each dollar amount
contained in subparagraph (A) shall be increased by the
medical care cost adjustment of such amount for such calendar
year. If any increase determined under the preceding sentence
is not a multiple of $10, such increase shall be rounded to
the nearest multiple of $10.
``(ii) Medical care cost adjustment.--For purposes of
clause (i), the medical care cost adjustment for any calendar
year is the percentage (if any) by which--
``(I) the medical care component of the Consumer Price
Index (as defined in section 1(f)(5)) for August of the
preceding calendar year, exceeds
``(II) such component for August of 1996.
The Secretary shall, in consultation with the Secretary of
Health and Human Services, prescribe an adjustment which the
Secretary determines is more appropriate for purposes of this
paragraph than the adjustment described in the preceding
sentence, and the adjustment so prescribed shall apply in
lieu of the adjustment described in the preceding sentence.
``(11) Certain payments to relatives treated as not paid
for medical care.--An amount paid for a qualified long-term
care service (as defined in section 7702B(c)) provided to an
individual shall be treated as not paid for medical care if
such service is provided--
``(A) by the spouse of the individual or by a relative
(directly or through a partnership, corporation, or other
entity) unless the service is provided by a licensed
professional with respect to such service, or
``(B) by a corporation or partnership which is related
(within the meaning of section 267(b) or 707(b)) to the
individual.
For purposes of this paragraph, the term `relative' means an
individual bearing a relationship to the individual which is
described in any of paragraphs (1) through (8) of section
152(a). This paragraph shall not apply for purposes of
section 105(b) with respect to reimbursements through
insurance.''
(3) Paragraph (6) of section 213(d) is amended--
(A) by striking ``subparagraphs (A) and (B)'' and inserting
``subparagraphs (A), (B), and (C)'', and
(B) by striking ``paragraph (1)(C)'' in subparagraph (A)
and inserting ``paragraph (1)(D)''.
(4) Paragraph (7) of section 213(d) is amended by striking
``subparagraphs (A) and (B)'' and inserting ``subparagraphs
(A), (B), and (C)''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
(2) Deduction for long-term care services.--Amounts paid
for qualified long-term care services (as defined in section
7702B(c) of the Internal Revenue Code of 1986, as added by
this Act) furnished in any taxable year beginning before
January 1, 1998, shall not be taken into account under
section 213 of the Internal Revenue Code of 1986.
SEC. 323. REPORTING REQUIREMENTS.
(a) In General.--Subpart B of part III of subchapter A of
chapter 61 is amended by adding at the end the following new
section:
``SEC. 6050Q. CERTAIN LONG-TERM CARE BENEFITS.
``(a) Requirement of Reporting.--Any person who pays long-
term care benefits shall make a return, according to the
forms or regulations prescribed by the Secretary, setting
forth--
``(1) the aggregate amount of such benefits paid by such
person to any individual during any calendar year, and
``(2) the name, address, and TIN of such individual.
``(b) Statements To Be Furnished to Persons With Respect to
Whom Information Is Required.--Every person required to make
a return under subsection (a) shall furnish to each
individual whose name is required to be set forth in such
return a written statement showing--
``(1) the name of the person making the payments, and
``(2) the aggregate amount of long-term care benefits paid
to the individual which are required to be shown on such
return.
The written statement required under the preceding sentence
shall be furnished to the individual on or before January 31
of the year following the calendar year for which the return
under subsection (a) was required to be made.
``(c) Long-Term Care Benefits.--For purposes of this
section, the term `long-term care benefit' means--
``(1) any amount paid under a long-term care insurance
policy (within the meaning of section 4980C(e)), and
``(2) payments which are excludable from gross income by
reason of section 101(g).''.
(b) Penalties.--
(1) Subparagraph (B) of section 6724(d)(1) is amended by
redesignating clauses (ix) through (xiv) as clauses (x)
through (xv), respectively, and by inserting after clause
(viii) the following new clause:
``(ix) section 6050Q (relating to certain long-term care
benefits),''.
(2) Paragraph (2) of section 6724(d) is amended by
redesignating subparagraphs (Q) through (T) as subparagraphs
(R) through (U), respectively, and by inserting after
subparagraph (P) the following new subparagraph:
``(Q) section 6050Q(b) (relating to certain long-term care
benefits),''.
(c) Clerical Amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 is amended by
adding at the end the following new item:
``Sec. 6050Q. Certain long-term care benefits.''
(d) Effective Date.--The amendments made by this section
shall apply to benefits paid after December 31, 1996.
PART II--CONSUMER PROTECTION PROVISIONS
SEC. 325. POLICY REQUIREMENTS.
Section 7702B (as added by section 321) is amended by
adding at the end the following new subsection:
``(f) Consumer Protection Provisions.--
``(1) In general.--The requirements of this subsection are
met with respect to any contract if any long-term care
insurance policy issued under the contract meets--
``(A) the requirements of the model regulation and model
Act described in paragraph (2),
``(B) the disclosure requirement of paragraph (3), and
``(C) the requirements relating to nonforfeitability under
paragraph (4).
``(2) Requirements of model regulation and act.--
``(A) In general.--The requirements of this paragraph are
met with respect to any policy if such policy meets--
``(i) Model regulation.--The following requirements of the
model regulation:
``(I) Section 7A (relating to guaranteed renewal or
noncancellability), and the requirements of section 6B of the
model Act relating to such section 7A.
``(II) Section 7B (relating to prohibitions on limitations
and exclusions).
``(III) Section 7C (relating to extension of benefits).
``(IV) Section 7D (relating to continuation or conversion
of coverage).
``(V) Section 7E (relating to discontinuance and
replacement of policies).
``(VI) Section 8 (relating to unintentional lapse).
``(VII) Section 9 (relating to disclosure), other than
section 9F thereof.
``(VIII) Section 10 (relating to prohibitions against post-
claims underwriting).
``(IX) Section 11 (relating to minimum standards).
``(X) Section 12 (relating to requirement to offer
inflation protection), except that any requirement for a
signature on a rejection of inflation protection shall permit
the signature to be on an application or on a separate form.
``(XI) Section 23 (relating to prohibition against
preexisting conditions and probationary periods in
replacement policies or certificates).
``(ii) Model act.--The following requirements of the model
Act:
``(I) Section 6C (relating to preexisting conditions).
``(II) Section 6D (relating to prior hospitalization).
``(B) Definitions.--For purposes of this paragraph--
``(i) Model provisions.--The terms `model regulation' and
`model Act' mean the long-term care insurance model
regulation, and the long-term care insurance model Act,
respectively, promulgated by the National Association of
Insurance Commissioners (as adopted as of January 1993).
``(ii) Coordination.--Any provision of the model regulation
or model Act listed under clause (i) or (ii) of subparagraph
(A) shall be treated as including any other provision of such
regulation or Act necessary to implement the provision.
``(iii) Determination.--For purposes of this section and
section 4980C, the determination of whether any requirement
of a model regulation or the model Act has been met shall be
made by the Secretary.
``(3) Disclosure requirement.--The requirement of this
paragraph is met with respect to any policy if such policy
meets the requirements of section 4980C(d)(1).
``(4) Nonforfeiture requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any level premium long-term care
insurance policy, if the issuer of such policy offers to the
policyholder, including any group policyholder, a
nonforfeiture provision meeting the requirements of
subparagraph (B).
``(B) Requirements of provision.--The nonforfeiture
provision required under subparagraph (A) shall meet the
following requirements:
``(i) The nonforfeiture provision shall be appropriately
captioned.
``(ii) The nonforfeiture provision shall provide for a
benefit available in the event of a default in the payment of
any premiums and the amount of the benefit may be adjusted
subsequent to being initially granted only as necessary to
reflect changes in claims, persistency, and interest as
reflected in changes in rates for premium paying policies
approved by the Secretary for the same policy form.
[[Page 629]]
``(iii) The nonforfeiture provision shall provide at least
one of the following:
``(I) Reduced paid-up insurance.
``(II) Extended term insurance.
``(III) Shortened benefit period.
``(IV) Other similar offerings approved by the Secretary.
``(5) Long-term care insurance policy defined.--For
purposes of this subsection, the term `long-term care
insurance policy' has the meaning given such term by section
4980C(e).''.
SEC. 326. REQUIREMENTS FOR ISSUERS OF LONG-TERM CARE
INSURANCE POLICIES.
(a) In General.--Chapter 43 is amended by adding at the end
the following new section:
``SEC. 4980C. REQUIREMENTS FOR ISSUERS OF LONG-TERM CARE
INSURANCE POLICIES.
``(a) General Rule.--There is hereby imposed on any person
failing to meet the requirements of subsection (c) or (d) a
tax in the amount determined under subsection (b).
``(b) Amount.--
``(1) In general.--The amount of the tax imposed by
subsection (a) shall be $100 per policy for each day any
requirements of subsection (c) or (d) are not met with
respect to each long-term care insurance policy.
``(2) Waiver.--In the case of a failure which is due to
reasonable cause and not to willful neglect, the Secretary
may waive part or all of the tax imposed by subsection (a) to
the extent that payment of the tax would be excessive
relative to the failure involved.
``(c) Responsibilities.--The requirements of this
subsection are as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements of the
model regulation must be met:
``(i) Section 13 (relating to application forms and
replacement coverage).
``(ii) Section 14 (relating to reporting requirements),
except that the issuer shall also report at least annually
the number of claims denied during the reporting period for
each class of business (expressed as a percentage of claims
denied), other than claims denied for failure to meet the
waiting period or because of any applicable preexisting
condition.
``(iii) Section 20 (relating to filing requirements for
marketing).
``(iv) Section 21 (relating to standards for marketing),
including inaccurate completion of medical histories, other
than sections 21C(1) and 21C(6) thereof, except that--
``(I) in addition to such requirements, no person shall, in
selling or offering to sell a long-term care insurance
policy, misrepresent a material fact; and
``(II) no such requirements shall include a requirement to
inquire or identify whether a prospective applicant or
enrollee for long-term care insurance has accident and
sickness insurance.
``(v) Section 22 (relating to appropriateness of
recommended purchase).
``(vi) Section 24 (relating to standard format outline of
coverage).
``(vii) Section 25 (relating to requirement to deliver
shopper's guide).
``(B) Model act.--The following requirements of the model
Act must be met:
``(i) Section 6F (relating to right to return), except that
such section shall also apply to denials of applications and
any refund shall be made within 30 days of the return or
denial.
``(ii) Section 6G (relating to outline of coverage).
``(iii) Section 6H (relating to requirements for
certificates under group plans).
``(iv) Section 6I (relating to policy summary).
``(v) Section 6J (relating to monthly reports on
accelerated death benefits).
``(vi) Section 7 (relating to incontestability period).
``(C) Definitions.--For purposes of this paragraph, the
terms `model regulation' and `model Act' have the meanings
given such terms by section 7702B(f)(2)(B).
``(2) Delivery of policy.--If an application for a long-
term care insurance policy (or for a certificate under a
group long-term care insurance policy) is approved, the
issuer shall deliver to the applicant (or policyholder or
certificateholder) the policy (or certificate) of insurance
not later than 30 days after the date of the approval.
``(3) Information on denials of claims.--If a claim under a
long-term care insurance policy is denied, the issuer shall,
within 60 days of the date of a written request by the
policyholder or certificateholder (or representative)--
``(A) provide a written explanation of the reasons for the
denial, and
``(B) make available all information directly relating to
such denial.
``(d) Disclosure.--The requirements of this subsection are
met if the issuer of a long-term care insurance policy
discloses in such policy and in the outline of coverage
required under subsection (c)(1)(B)(ii) that the policy is
intended to be a qualified long-term care insurance contract
under section 7702B(b).
``(e) Long-Term Care Insurance Policy Defined.--For
purposes of this section, the term `long-term care insurance
policy' means any product which is advertised, marketed, or
offered as long-term care insurance.''.
(b) Conforming Amendment.--The table of sections for
chapter 43 is amended by adding at the end the following new
item:
``Sec. 4980C. Requirements for issuers of long-term care insurance
policies.''.
SEC. 327. COORDINATION WITH STATE REQUIREMENTS.
Nothing in this part shall prevent a State from
establishing, implementing, or continuing in effect standards
related to the protection of policyholders of long-term care
insurance policies (as defined in section 4980C(e) of the
Internal Revenue Code of 1986), if such standards are not in
conflict with or inconsistent with the standards established
under such Code.
SEC. 328. EFFECTIVE DATES.
(a) In General.--The provisions of, and amendments made by,
this part shall apply to contracts issued after December 31,
1996. The provisions of section 321(g) (relating to
transition rule) shall apply to such contracts.
(b) Issuers.--The amendments made by section 326 shall
apply to actions taken after December 31, 1996.
Subtitle D--Treatment of Accelerated Death Benefits
SEC. 331. TREATMENT OF ACCELERATED DEATH BENEFITS BY
RECIPIENT.
(a) In General.--Section 101 (relating to certain death
benefits) is amended by adding at the end the following new
subsection:
``(g) Treatment of Certain Accelerated Death Benefits.--
``(1) In general.--For purposes of this section, the
following amounts shall be treated as an amount paid by
reason of the death of an insured:
``(A) Any amount received under a life insurance contract
on the life of an insured who is a terminally ill individual.
``(B) Any amount received under a life insurance contract
on the life of an insured who is a chronically ill individual
(as defined in section 7702B(c)(2)) but only if such amount
is received under a rider or other provision of such contract
which is treated as a qualified long-term care insurance
contract under section 7702B and such amount is treated under
section 7702B (after the application of subsection (d)
thereof) as a payment for qualified long-term care services
(as defined in such section).
``(2) Treatment of viatical settlements.--
``(A) In general.--In the case of a life insurance contract
on the life of an insured described in paragraph (1), if--
``(i) any portion of such contract is sold to any viatical
settlement provider, or
``(ii) any portion of the death benefit is assigned to such
a provider,
the amount paid for such sale or assignment shall be treated
as an amount paid under the life insurance contract by reason
of the death of such insured.
``(B) Viatical settlement provider.--The term `viatical
settlement provider' means any person regularly engaged in
the trade or business of purchasing, or taking assignments
of, life insurance contracts on the lives of insureds
described in paragraph (1) if--
``(i) such person is licensed for such purposes in the
State in which the insured resides, or
``(ii) in the case of an insured who resides in a State not
requiring the licensing of such persons for such purposes--
``(I) such person meets the requirements of sections 8 and
9 of the Viatical Settlements Model Act of the National
Association of Insurance Commissioners, and
``(II) meets the requirements of the Model Regulations of
the National Association of Insurance Commissioners (relating
to standards for evaluation of reasonable payments) in
determining amounts paid by such person in connection with
such purchases or assignments.
``(3) Definitions.--For purposes of this subsection--
``(A) Terminally ill individual.--The term `terminally ill
individual' means an individual who has been certified by a
physician as having an illness or physical condition which
can reasonably be expected to result in death in 24 months or
less after the date of the certification.
``(B) Physician.--The term `physician' has the meaning
given to such term by section 1861(r)(1) of the Social
Security Act (42 U.S.C. 1395x(r)(1)).
``(4) Exception for business-related policies.--This
subsection shall not apply in the case of any amount paid to
any taxpayer other than the insured if such taxpayer has an
insurable interest with respect to the life of the insured by
reason of the insured being a director, officer, or employee
of the taxpayer or by reason of the insured being financially
interested in any trade or business carried on by the
taxpayer.''
(b) Effective Date.--The amendment made by subsection (a)
shall apply to amounts received after December 31, 1996.
SEC. 332. TAX TREATMENT OF COMPANIES ISSUING QUALIFIED
ACCELERATED DEATH BENEFIT RIDERS.
(a) Qualified Accelerated Death Benefit Riders Treated as
Life Insurance.--Section 818 (relating to other definitions
and special rules) is amended by adding at the end the
following new subsection:
``(g) Qualified Accelerated Death Benefit Riders Treated as
Life Insurance.--For purposes of this part--
``(1) In general.--Any reference to a life insurance
contract shall be treated as including a reference to a
qualified accelerated death benefit rider on such contract.
``(2) Qualified accelerated death benefit riders.--For
purposes of this subsection, the term `qualified accelerated
death benefit rider' means any rider on a life insurance
[[Page 630]]
contract if the only payments under the rider are payments
meeting the requirements of section 101(g).
``(3) Exception for long-term care riders.--Paragraph (1)
shall not apply to any rider which is treated as a long-term
care insurance contract under section 7702B.''
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
take effect on January 1, 1997.
(2) Issuance of rider not treated as material change.--For
purposes of applying sections 101(f), 7702, and 7702A of the
Internal Revenue Code of 1986 to any contract--
(A) the issuance of a qualified accelerated death benefit
rider (as defined in section 818(g) of such Code (as added by
this Act)), and
(B) the addition of any provision required to conform an
accelerated death benefit rider to the requirements of such
section 818(g),
shall not be treated as a modification or material change of
such contract.
Subtitle E--High-Risk Pools
SEC. 341. EXEMPTION FROM INCOME TAX FOR STATE-SPONSORED
ORGANIZATIONS PROVIDING HEALTH COVERAGE FOR
HIGH-RISK INDIVIDUALS.
(a) In General.--Subsection (c) of section 501 (relating to
list of exempt organizations) is amended by adding at the end
the following new paragraph:
``(26) Any membership organization if--
``(A) such organization is established by a State
exclusively to provide coverage for medical care (as defined
in section 213(d)) on a not-for-profit basis to individuals
described in subparagraph (B) through--
``(i) insurance issued by the organization, or
``(ii) a health maintenance organization under an
arrangement with the organization,
``(B) the only individuals receiving such coverage through
the organization are individuals--
``(i) who are residents of such State, and
``(ii) who, by reason of the existence or history of a
medical condition, are unable to acquire medical care
coverage for such condition through insurance or from a
health maintenance organization or are able to acquire such
coverage only at a rate which is substantially in excess of
the rate for such coverage through the membership
organization,
``(C) the composition of the membership in such
organization is specified by such State, and
``(D) no part of the net earnings of the organization
inures to the benefit of any private shareholder or
individual.''
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1996.
Subtitle F--Organizations Subject to Section 833
SEC. 351. ORGANIZATIONS SUBJECT TO SECTION 833.
(a) In General.--Section 833(c) (relating to organization
to which section applies) is amended by adding at the end the
following new paragraph:
``(4) Treatment as existing blue cross or blue shield
organization.--
``(A) In general.--Paragraph (2) shall be applied to an
organization described in subparagraph (B) as if it were a
Blue Cross or Blue Shield organization.
``(B) Applicable organization.--An organization is
described in this subparagraph if it--
``(i) is organized under, and governed by, State laws which
are specifically and exclusively applicable to not-for-profit
health insurance or health service type organizations, and
``(ii) is not a Blue Cross or Blue Shield organization or
health maintenance organization.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after December 31, 1996.
TITLE IV--REVENUE OFFSETS
SEC. 400. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Repeal of Bad Debt Reserve Method for Thrift Savings
Associations
SEC. 401. REPEAL OF BAD DEBT RESERVE METHOD FOR THRIFT
SAVINGS ASSOCIATIONS.
(a) In General.--Section 593 (relating to reserves for
losses on loans) is amended by adding at the end the
following new subsections:
``(f) Termination of Reserve Method.--Subsections (a), (b),
(c), and (d) shall not apply to any taxable year beginning
after December 31, 1995.
``(g) 6-Year Spread of Adjustments.--
``(1) In general.--In the case of any taxpayer who is
required by reason of subsection (f) to change its method of
computing reserves for bad debts--
``(A) such change shall be treated as a change in a method
of accounting,
``(B) such change shall be treated as initiated by the
taxpayer and as having been made with the consent of the
Secretary, and
``(C) the net amount of the adjustments required to be
taken into account by the taxpayer under section 481(a)--
``(i) shall be determined by taking into account only
applicable excess reserves, and
``(ii) as so determined, shall be taken into account
ratably over the 6-taxable year period beginning with the
first taxable year beginning after December 31, 1995.
``(2) Applicable excess reserves.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable excess reserves' means the excess (if any) of--
``(i) the balance of the reserves described in subsection
(c)(1) (other than the supplemental reserve) as of the close
of the taxpayer's last taxable year beginning before December
31, 1995, over
``(ii) the lesser of--
``(I) the balance of such reserves as of the close of the
taxpayer's last taxable year beginning before January 1,
1988, or
``(II) the balance of the reserves described in subclause
(I), reduced in the same manner as under section
585(b)(2)(B)(ii) on the basis of the taxable years described
in clause (i) and this clause.
``(B) Special rule for thrifts which become small banks.--
In the case of a bank (as defined in section 581) which was
not a large bank (as defined in section 585(c)(2)) for its
first taxable year beginning after December 31, 1995--
``(i) the balance taken into account under subparagraph
(A)(ii) shall not be less than the amount which would be the
balance of such reserves as of the close of its last taxable
year beginning before such date if the additions to such
reserves for all taxable years had been determined under
section 585(b)(2)(A), and
``(ii) the opening balance of the reserve for bad debts as
of the beginning of such first taxable year shall be the
balance taken into account under subparagraph (A)(ii)
(determined after the application of clause (i) of this
subparagraph).
The preceding sentence shall not apply for purposes of
paragraphs (5) and (6) or subsection (e)(1).
``(3) Recapture of pre-1988 reserves where taxpayer ceases
to be bank.--If, during any taxable year beginning after
December 31, 1995, a taxpayer to which paragraph (1) applied
is not a bank (as defined in section 581), paragraph (1)
shall apply to the reserves described in paragraph (2)(A)(ii)
and the supplemental reserve; except that such reserves shall
be taken into account ratably over the 6-taxable year period
beginning with such taxable year.
``(4) Suspension of recapture if residential loan
requirement met.--
``(A) In general.--In the case of a bank which meets the
residential loan requirement of subparagraph (B) for the
first taxable year beginning after December 31, 1995, or for
the following taxable year--
``(i) no adjustment shall be taken into account under
paragraph (1) for such taxable year, and
``(ii) such taxable year shall be disregarded in
determining--
``(I) whether any other taxable year is a taxable year for
which an adjustment is required to be taken into account
under paragraph (1), and
``(II) the amount of such adjustment.
``(B) Residential loan requirement.--A taxpayer meets the
residential loan requirement of this subparagraph for any
taxable year if the principal amount of the residential loans
made by the taxpayer during such year is not less than the
base amount for such year.
``(C) Residential loan.--For purposes of this paragraph,
the term `residential loan' means any loan described in
clause (v) of section 7701(a)(19)(C) but only if such loan is
incurred in acquiring, constructing, or improving the
property described in such clause.
``(D) Base amount.--For purposes of subparagraph (B), the
base amount is the average of the principal amounts of the
residential loans made by the taxpayer during the 6 most
recent taxable years beginning on or before December 31,
1995. At the election of the taxpayer who made such loans
during each of such 6 taxable years, the preceding sentence
shall be applied without regard to the taxable year in which
such principal amount was the highest and the taxable year in
such principal amount was the lowest. Such an election may be
made only for the first taxable year beginning after such
date, and, if made for such taxable year, shall apply to the
succeeding taxable year unless revoked with the consent of
the Secretary.
``(E) Controlled groups.--In the case of a taxpayer which
is a member of any controlled group of corporations described
in section 1563(a)(1), subparagraph (B) shall be applied with
respect to such group.
``(5) Continued application of fresh start under section
585 transitional rules.--In the case of a taxpayer to which
paragraph (1) applied and which was not a large bank (as
defined in section 585(c)(2)) for its first taxable year
beginning after December 31, 1995:
``(A) In general.--For purposes of determining the net
amount of adjustments referred to in section
585(c)(3)(A)(iii), there shall be taken into account only the
excess (if any) of the reserve for bad debts as of the close
of the last taxable year before the disqualification year
over the balance taken into account by such taxpayer under
paragraph (2)(A)(ii) of this subsection.
``(B) Treatment under elective cut-off method.--For
purposes of applying section 585(c)(4)--
``(i) the balance of the reserve taken into account under
subparagraph (B) thereof shall be reduced by the balance
taken into account by such taxpayer under paragraph
(2)(A)(ii) of this subsection, and
``(ii) no amount shall be includible in gross income by
reason of such reduction.
[[Page 631]]
``(6) Suspended reserve included as section 381(c) items.--
The balance taken into account by a taxpayer under paragraph
(2)(A)(ii) of this subsection and the supplemental reserve
shall be treated as items described in section 381(c).
``(7) Conversions to credit unions.--In the case of a
taxpayer to which paragraph (1) applied which becomes a
credit union described in section 501(c) and exempt from
taxation under section 501(a)--
``(A) any amount required to be included in the gross
income of the credit union by reason of this subsection shall
be treated as derived from an unrelated trade or business (as
defined in section 513), and
``(B) for purposes of paragraph (3), the credit union shall
not be treated as if it were a bank.
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subsection
and subsection (e), including regulations providing for the
application of such subsections in the case of acquisitions,
mergers, spin-offs, and other reorganizations.''
(b) Conforming Amendments.--
(1) Subsection (d) of section 50 is amended by adding at
the end the following new sentence:
``Paragraphs (1)(A), (2)(A), and (4) of the section 46(e)
referred to in paragraph (1) of this subsection shall not
apply to any taxable year beginning after December 31,
1995.''
(2) Subsection (e) of section 52 is amended by striking
paragraph (1) and by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(3) Subsection (a) of section 57 is amended by striking
paragraph (4).
(4) Section 246 is amended by striking subsection (f).
(5) Clause (i) of section 291(e)(1)(B) is amended by
striking ``or to which section 593 applies''.
(6) Subparagraph (A) of section 585(a)(2) is amended by
striking ``other than an organization to which section 593
applies''.
(7)(A) The material preceding subparagraph (A) of section
593(e)(1) is amended by striking ``by a domestic building and
loan association or an institution that is treated as a
mutual savings bank under section 591(b)'' and inserting ``by
a taxpayer having a balance described in subsection
(g)(2)(A)(ii)''.
(B) Subparagraph (B) of section 593(e)(1) is amended to
read as follows:
``(B) then out of the balance taken into account under
subsection (g)(2)(A)(ii) (properly adjusted for amounts
charged against such reserves for taxable years beginning
after December 31, 1987),''.
(C) Paragraph (1) of section 593(e) is amended by adding at
the end the following new sentence: ``This paragraph shall
not apply to any distribution of all of the stock of a bank
(as defined in section 581) to another corporation if,
immediately after the distribution, such bank and such other
corporation are members of the same affiliated group (as
defined in section 1504) and the provisions of section 5(e)
of the Federal Deposit Insurance Act (as in effect on
December 31, 1995) or similar provisions are in effect.''
(8) Section 595 is hereby repealed.
(9) Section 596 is hereby repealed.
(10) Subsection (a) of section 860E is amended--
(A) by striking ``Except as provided in paragraph (2),
the'' in paragraph (1) and inserting ``The'',
(B) by striking paragraphs (2) and (4) and redesignating
paragraphs (3) and (5) as paragraphs (2) and (3),
respectively, and
(C) by striking in paragraph (2) (as so redesignated) all
that follows ``subsection'' and inserting a period.
(11) Paragraph (3) of section 992(d) is amended by striking
``or 593''.
(12) Section 1038 is amended by striking subsection (f).
(13) Clause (ii) of section 1042(c)(4)(B) is amended by
striking ``or 593''.
(14) Subsection (c) of section 1277 is amended by striking
``or to which section 593 applies''.
(15) Subparagraph (B) of section 1361(b)(2) is amended by
striking ``or to which section 593 applies''.
(16) The table of sections for part II of subchapter H of
chapter 1 is amended by striking the items relating to
sections 595 and 596.
(c) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning after December 31, 1995.
(2) Subsection (b)(7).--The amendments made by subsection
(b)(7) shall not apply to any distribution with respect to
preferred stock if--
(A) such stock is outstanding at all times after October
31, 1995, and before the distribution, and
(B) such distribution is made before the date which is 1
year after the date of the enactment of this Act (or, in the
case of stock which may be redeemed, if later, the date which
is 30 days after the earliest date that such stock may be
redeemed).
(3) Subsection (b)(8).--The amendment made by subsection
(b)(8) shall apply to property acquired in taxable years
beginning after December 31, 1995.
(4) Subsection (b)(10).--The amendments made by subsection
(b)(10) shall not apply to any residual interest held by a
taxpayer if such interest has been held by such taxpayer at
all times after October 31, 1995.
Subtitle B--Reform of the Earned Income Credit
SEC. 411. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT
AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) (relating to individuals
eligible to claim the earned income credit) is amended by
adding at the end the following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual who
does not include on the return of tax for the taxable year--
``(i) such individual's taxpayer identification number, and
``(ii) if the individual is married (within the meaning of
section 7703), the taxpayer identification number of such
individual's spouse.''.
(b) Special Identification Number.--Section 32 is amended
by adding at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of
subsections (c)(1)(F) and (c)(3)(D), a taxpayer
identification number means a social security number issued
to an individual by the Social Security Administration (other
than a social security number issued pursuant to clause (II)
(or that portion of clause (III) that relates to clause (II))
of section 205(c)(2)(B)(i) of the Social Security Act).''.
(c) Extension of Procedures Applicable to Mathematical or
Clerical Errors.--Section 6213(g)(2) (relating to the
definition of mathematical or clerical errors) is amended by
striking ``and'' at the end of subparagraph (D), by striking
the period at the end of subparagraph (E) and inserting a
comma, and by inserting after subparagraph (E) the following
new subparagraphs:
``(F) an omission of a correct taxpayer identification
number required under section 32 (relating to the earned
income credit) to be included on a return, and
``(G) an entry on a return claiming the credit under
section 32 with respect to net earnings from self-employment
described in section 32(c)(2)(A) to the extent the tax
imposed by section 1401 (relating to self-employment tax) on
such net earnings has not been paid.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
Subtitle C--Treatment of Individuals Who Lose United States Citizenship
SEC. 421. REVISION OF INCOME, ESTATE, AND GIFT TAXES ON
INDIVIDUALS WHO LOSE UNITED STATES CITIZENSHIP.
(a) In General.--Subsection (a) of section 877 is amended
to read as follows:
``(a) Treatment of Expatriates.--
``(1) In general.--Every nonresident alien individual who,
within the 10-year period immediately preceding the close of
the taxable year, lost United States citizenship, unless such
loss did not have for 1 of its principal purposes the
avoidance of taxes under this subtitle or subtitle B, shall
be taxable for such taxable year in the manner provided in
subsection (b) if the tax imposed pursuant to such subsection
exceeds the tax which, without regard to this section, is
imposed pursuant to section 871.
``(2) Certain individuals treated as having tax avoidance
purpose.--For purposes of paragraph (1), an individual shall
be treated as having a principal purpose to avoid such taxes
if--
``(A) the average annual net income tax (as defined in
section 38(c)(1)) of such individual for the period of 5
taxable years ending before the date of the loss of United
States citizenship is greater than $100,000, or
``(B) the net worth of the individual as of such date is
$500,000 or more.
In the case of the loss of United States citizenship in any
calendar year after 1996, such $100,000 and $500,000 amounts
shall be increased by an amount equal to such dollar amount
multiplied by the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting `1994'
for `1992' in subparagraph (B) thereof. Any increase under
the preceding sentence shall be rounded to the nearest
multiple of $1,000.''
(b) Exceptions.--
(1) In general.--Section 877 is amended by striking
subsection (d), by redesignating subsection (c) as subsection
(d), and by inserting after subsection (b) the following new
subsection:
``(c) Tax Avoidance Not Presumed in Certain Cases.--
``(1) In general.--Subsection (a)(2) shall not apply to an
individual if--
``(A) such individual is described in a subparagraph of
paragraph (2) of this subsection, and
``(B) within the 1-year period beginning on the date of the
loss of United States citizenship, such individual submits a
ruling request for the Secretary's determination as to
whether such loss has for 1 of its principal purposes the
avoidance of taxes under this subtitle or subtitle B.
``(2) Individuals described.--
``(A) Dual citizenship, etc.--An individual is described in
this subparagraph if--
``(i) the individual became at birth a citizen of the
United States and a citizen of another country and continues
to be a citizen of such other country, or
``(ii) the individual becomes (not later than the close of
a reasonable period after loss of United States citizenship)
a citizen of the country in which--
``(I) such individual was born,
``(II) if such individual is married, such individual's
spouse was born, or
``(III) either of such individual's parents were born.
``(B) Long-term foreign residents.--An individual is
described in this subparagraph
[[Page 632]]
if, for each year in the 10-year period ending on the date of
loss of United States citizenship, the individual was present
in the United States for 30 days or less. The rule of section
7701(b)(3)(D)(ii) shall apply for purposes of this
subparagraph.
``(C) Renunciation upon reaching age of majority.--An
individual is described in this subparagraph if the
individual's loss of United States citizenship occurs before
such individual attains age 18\1/2\.
``(D) Individuals specified in regulations.--An individual
is described in this subparagraph if the individual is
described in a category of individuals prescribed by
regulation by the Secretary.''
(2) Technical amendment.--Paragraph (1) of section 877(b)
of such Code is amended by striking ``subsection (c)'' and
inserting ``subsection (d)''.
(c) Treatment of Property Disposed of in Nonrecognition
Transactions; Treatment of Distributions From Certain
Controlled Foreign Corporations.--Subsection (d) of section
877, as redesignated by subsection (b), is amended to read as
follows:
``(d) Special Rules for Source, Etc.--For purposes of
subsection (b)--
``(1) Source rules.--The following items of gross income
shall be treated as income from sources within the United
States:
``(A) Sale of property.--Gains on the sale or exchange of
property (other than stock or debt obligations) located in
the United States.
``(B) Stock or debt obligations.--Gains on the sale or
exchange of stock issued by a domestic corporation or debt
obligations of United States persons or of the United States,
a State or political subdivision thereof, or the District of
Columbia.
``(C) Income or gain derived from controlled foreign
corporation.--Any income or gain derived from stock in a
foreign corporation but only--
``(i) if the individual losing United States citizenship
owned (within the meaning of section 958(a)), or is
considered as owning (by applying the ownership rules of
section 958(b)), at any time during the 2-year period ending
on the date of the loss of United States citizenship, more
than 50 percent of--
``(I) the total combined voting power of all classes of
stock entitled to vote of such corporation, or
``(II) the total value of the stock of such corporation,
and
``(ii) to the extent such income or gain does not exceed
the earnings and profits attributable to such stock which
were earned or accumulated before the loss of citizenship and
during periods that the ownership requirements of clause (i)
are met.
``(2) Gain recognition on certain exchanges.--
``(A) In general.--In the case of any exchange of property
to which this paragraph applies, notwithstanding any other
provision of this title, such property shall be treated as
sold for its fair market value on the date of such exchange,
and any gain shall be recognized for the taxable year which
includes such date.
``(B) Exchanges to which paragraph applies.--This paragraph
shall apply to any exchange during the 10-year period
described in subsection (a) if--
``(i) gain would not (but for this paragraph) be recognized
on such exchange in whole or in part for purposes of this
subtitle,
``(ii) income derived from such property was from sources
within the United States (or, if no income was so derived,
would have been from such sources), and
``(iii) income derived from the property acquired in the
exchange would be from sources outside the United States.
``(C) Exception.--Subparagraph (A) shall not apply if the
individual enters into an agreement with the Secretary which
specifies that any income or gain derived from the property
acquired in the exchange (or any other property which has a
basis determined in whole or part by reference to such
property) during such 10-year period shall be treated as from
sources within the United States. If the property transferred
in the exchange is disposed of by the person acquiring such
property, such agreement shall terminate and any gain which
was not recognized by reason of such agreement shall be
recognized as of the date of such disposition.
``(D) Secretary may extend period.--To the extent provided
in regulations prescribed by the Secretary, subparagraph (B)
shall be applied by substituting the 15-year period beginning
5 years before the loss of United States citizenship for the
10-year period referred to therein.
``(E) Secretary may require recognition of gain in certain
cases.--To the extent provided in regulations prescribed by
the Secretary--
``(i) the removal of appreciated tangible personal property
from the United States, and
``(ii) any other occurrence which (without recognition of
gain) results in a change in the source of the income or gain
from property from sources within the United States to
sources outside the United States,
shall be treated as an exchange to which this paragraph
applies.
``(3) Substantial diminishing of risks of ownership.--For
purposes of determining whether this section applies to any
gain on the sale or exchange of any property, the running of
the 10-year period described in subsection (a) shall be
suspended for any period during which the individual's risk
of loss with respect to the property is substantially
diminished by--
``(A) the holding of a put with respect to such property
(or similar property),
``(B) the holding by another person of a right to acquire
the property, or
``(C) a short sale or any other transaction.''
(d) Credit for Foreign Taxes Imposed on United States
Source Income.--
(1) Subsection (b) of section 877 is amended by adding at
the end the following new sentence: ``The tax imposed solely
by reason of this section shall be reduced (but not below
zero) by the amount of any income, war profits, and excess
profits taxes (within the meaning of section 903) paid to any
foreign country or possession of the United States on any
income of the taxpayer on which tax is imposed solely by
reason of this section.''
(2) Subsection (a) of section 877, as amended by subsection
(a), is amended by inserting ``(after any reduction in such
tax under the last sentence of such subsection)'' after
``such subsection''.
(e) Comparable Estate and Gift Tax Treatment.--
(1) Estate tax.--
(A) In general.--Subsection (a) of section 2107 is amended
to read as follows:
``(a) Treatment of Expatriates.--
``(1) Rate of tax.--A tax computed in accordance with the
table contained in section 2001 is hereby imposed on the
transfer of the taxable estate, determined as provided in
section 2106, of every decedent nonresident not a citizen of
the United States if, within the 10-year period ending with
the date of death, such decedent lost United States
citizenship, unless such loss did not have for 1 of its
principal purposes the avoidance of taxes under this subtitle
or subtitle A.
``(2) Certain individuals treated as having tax avoidance
purpose.--
``(A) In general.--For purposes of paragraph (1), an
individual shall be treated as having a principal purpose to
avoid such taxes if such individual is so treated under
section 877(a)(2).
``(B) Exception.--Subparagraph (A) shall not apply to a
decedent meeting the requirements of section 877(c)(1).''
(B) Credit for foreign death taxes.--Subsection (c) of
section 2107 is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Credit for foreign death taxes.--
``(A) In general.--The tax imposed by subsection (a) shall
be credited with the amount of any estate, inheritance,
legacy, or succession taxes actually paid to any foreign
country in respect of any property which is included in the
gross estate solely by reason of subsection (b).
``(B) Limitation on credit.--The credit allowed by
subparagraph (A) for such taxes paid to a foreign country
shall not exceed the lesser of--
``(i) the amount which bears the same ratio to the amount
of such taxes actually paid to such foreign country in
respect of property included in the gross estate as the value
of the property included in the gross estate solely by reason
of subsection (b) bears to the value of all property
subjected to such taxes by such foreign country, or
``(ii) such property's proportionate share of the excess
of--
``(I) the tax imposed by subsection (a), over
``(II) the tax which would be imposed by section 2101 but
for this section.
``(C) Proportionate share.--For purposes of subparagraph
(B), a property's proportionate share is the percentage of
the value of the property which is included in the gross
estate solely by reason of subsection (b) bears to the total
value of the gross estate.''
(C) Expansion of inclusion in gross estate of stock of
foreign corporations.--Paragraph (2) of section 2107(b) is
amended by striking ``more than 50 percent of'' and all that
follows and inserting ``more than 50 percent of--
``(A) the total combined voting power of all classes of
stock entitled to vote of such corporation, or
``(B) the total value of the stock of such corporation,''.
(2) Gift tax.--
(A) In general.--Paragraph (3) of section 2501(a) is
amended to read as follows:
``(3) Exception.--
``(A) Certain individuals.--Paragraph (2) shall not apply
in the case of a donor who, within the 10-year period ending
with the date of transfer, lost United States citizenship,
unless such loss did not have for 1 of its principal purposes
the avoidance of taxes under this subtitle or subtitle A.
``(B) Certain individuals treated as having tax avoidance
purpose.--For purposes of subparagraph (A), an individual
shall be treated as having a principal purpose to avoid such
taxes if such individual is so treated under section
877(a)(2).
``(C) Exception for certain individuals.--Subparagraph (B)
shall not apply to a decedent meeting the requirements of
section 877(c)(1).
``(D) Credit for foreign gift taxes.--The tax imposed by
this section solely by reason of this paragraph shall be
credited with the amount of any gift tax actually paid to any
foreign country in respect of any gift which is taxable under
this section solely by reason of this paragraph.''
(f) Comparable Treatment of Lawful Permanent Residents Who
Cease To Be Taxed as Residents.--
(1) In general.--Section 877 is amended by redesignating
subsection (e) as subsection (f) and by inserting after
subsection (d) the following new subsection:
``(e) Comparable Treatment of Lawful Permanent Residents
Who Cease To Be Taxed as Residents.--
[[Page 633]]
``(1) In general.--Any long-term resident of the United
States who--
``(A) ceases to be a lawful permanent resident of the
United States (within the meaning of section 7701(b)(6)), or
``(B) commences to be treated as a resident of a foreign
country under the provisions of a tax treaty between the
United States and the foreign country and who does not waive
the benefits of such treaty applicable to residents of the
foreign country,
shall be treated for purposes of this section and sections
2107, 2501, and 6039F in the same manner as if such resident
were a citizen of the United States who lost United States
citizenship on the date of such cessation or commencement.
``(2) Long-term resident.--For purposes of this subsection,
the term `long-term resident' means any individual (other
than a citizen of the United States) who is a lawful
permanent resident of the United States in at least 8 taxable
years during the period of 15 taxable years ending with the
taxable year during which the event described in subparagraph
(A) or (B) of paragraph (1) occurs. For purposes of the
preceding sentence, an individual shall not be treated as a
lawful permanent resident for any taxable year if such
individual is treated as a resident of a foreign country for
the taxable year under the provisions of a tax treaty between
the United States and the foreign country and does not waive
the benefits of such treaty applicable to residents of the
foreign country.
``(3) Special rules.--
``(A) Exceptions not to apply.--Subsection (c) shall not
apply to an individual who is treated as provided in
paragraph (1).
``(B) Step-up in basis.--Solely for purposes of determining
any tax imposed by reason of this subsection, property which
was held by the long-term resident on the date the individual
first became a resident of the United States shall be treated
as having a basis on such date of not less than the fair
market value of such property on such date. The preceding
sentence shall not apply if the individual elects not to have
such sentence apply. Such an election, once made, shall be
irrevocable.
``(4) Authority to exempt individuals.--This subsection
shall not apply to an individual who is described in a
category of individuals prescribed by regulation by the
Secretary.
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out this
subsection, including regulations providing for the
application of this subsection in cases where an alien
individual becomes a resident of the United States during the
10-year period after being treated as provided in paragraph
(1).''
(2) Conforming amendments.--
(A) Section 2107 is amended by striking subsection (d), by
redesignating subsection (e) as subsection (d), and by
inserting after subsection (d) (as so redesignated) the
following new subsection:
``(e) Cross Reference.--
``For comparable treatment of long-term lawful permanent residents
who ceased to be taxed as residents, see section 877(e).''
(B) Paragraph (3) of section 2501(a) (as amended by
subsection (e)) is amended by adding at the end the following
new subparagraph:
``(E) Cross reference.--
``For comparable treatment of long-term lawful permanent residents
who ceased to be taxed as residents, see section 877(e).''
(g) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) individuals losing United States citizenship (within
the meaning of section 877 of the Internal Revenue Code of
1986) on or after February 6, 1995, and
(B) long-term residents of the United States with respect
to whom an event described in subparagraph (A) or (B) of
section 877(e)(1) of such Code occurs on or after February 6,
1995.
(2) Special rule.--
(A) In general.--In the case of an individual who performed
an act of expatriation specified in paragraph (1), (2), (3),
or (4) of section 349(a) of the Immigration and Nationality
Act (8 U.S.C. 1481(a)(1)-(4)) before February 6, 1995, but
who did not, on or before such date, furnish to the United
States Department of State a signed statement of voluntary
relinquishment of United States nationality confirming the
performance of such act, the amendments made by this section
and section 11349 shall apply to such individual except
that--
(i) the 10-year period described in section 877(a) of such
Code shall not expire before the end of the 10-year period
beginning on the date such statement is so furnished, and
(ii) the 1-year period referred to in section 877(c) of
such Code, as amended by this section, shall not expire
before the date which is 1 year after the date of the
enactment of this Act.
(B) Exception.--Subparagraph (A) shall not apply if the
individual establishes to the satisfaction of the Secretary
of the Treasury that such loss of United States citizenship
occurred before February 6, 1994.
SEC. 422. INFORMATION ON INDIVIDUALS LOSING UNITED STATES
CITIZENSHIP.
(a) In General.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6039E the
following new section:
``SEC. 6039F. INFORMATION ON INDIVIDUALS LOSING UNITED STATES
CITIZENSHIP.
``(a) In General.--Notwithstanding any other provision of
law, any individual who loses United States citizenship
(within the meaning of section 877(a)) shall provide a
statement which includes the information described in
subsection (b). Such statement shall be--
``(1) provided not later than the earliest date of any act
referred to in subsection (c), and
``(2) provided to the person or court referred to in
subsection (c) with respect to such act.
``(b) Information To Be Provided.--Information required
under subsection (a) shall include--
``(1) the taxpayer's TIN,
``(2) the mailing address of such individual's principal
foreign residence,
``(3) the foreign country in which such individual is
residing,
``(4) the foreign country of which such individual is a
citizen,
``(5) in the case of an individual having a net worth of at
least the dollar amount applicable under section
877(a)(2)(B), information detailing the assets and
liabilities of such individual, and
``(6) such other information as the Secretary may
prescribe.
``(c) Acts Described.--For purposes of this section, the
acts referred to in this subsection are--
``(1) the individual's renunciation of his United States
nationality before a diplomatic or consular officer of the
United States pursuant to paragraph (5) of section 349(a) of
the Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),
``(2) the individual's furnishing to the United States
Department of State a signed statement of voluntary
relinquishment of United States nationality confirming the
performance of an act of expatriation specified in paragraph
(1), (2), (3), or (4) of section 349(a) of the Immigration
and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
``(3) the issuance by the United States Department of State
of a certificate of loss of nationality to the individual, or
``(4) the cancellation by a court of the United States of a
naturalized citizen's certificate of naturalization.
``(d) Penalty.--Any individual failing to provide a
statement required under subsection (a) shall be subject to a
penalty for each year (of the 10-year period beginning on the
date of loss of United States citizenship) during any portion
of which such failure continues in an amount equal to the
greater of--
``(1) 5 percent of the tax required to be paid under
section 877 for the taxable year ending during such year, or
``(2) $1,000,
unless it is shown that such failure is due to reasonable
cause and not to willful neglect.
``(e) Information To Be Provided to Secretary.--
Notwithstanding any other provision of law--
``(1) any Federal agency or court which collects (or is
required to collect) the statement under subsection (a) shall
provide to the Secretary--
``(A) a copy of any such statement, and
``(B) the name (and any other identifying information) of
any individual refusing to comply with the provisions of
subsection (a),
``(2) the Secretary of State shall provide to the Secretary
a copy of each certificate as to the loss of American
nationality under section 358 of the Immigration and
Nationality Act which is approved by the Secretary of State,
and
``(3) the Federal agency primarily responsible for
administering the immigration laws shall provide to the
Secretary the name of each lawful permanent resident of the
United States (within the meaning of section 7701(b)(6))
whose status as such has been revoked or has been
administratively or judicially determined to have been
abandoned.
Notwithstanding any other provision of law, not later than 30
days after the close of each calendar quarter, the Secretary
shall publish in the Federal Register the name of each
individual losing United States citizenship (within the
meaning of section 877(a)) with respect to whom the Secretary
receives information under the preceding sentence during such
quarter.
``(f) Reporting by Long-Term Lawful Permanent Residents Who
Cease To Be Taxed as Residents.--In lieu of applying the last
sentence of subsection (a), any individual who is required to
provide a statement under this section by reason of section
877(e)(1) shall provide such statement with the return of tax
imposed by chapter 1 for the taxable year during which the
event described in such section occurs.
``(g) Exemption.--The Secretary may by regulations exempt
any class of individuals from the requirements of this
section if he determines that applying this section to such
individuals is not necessary to carry out the purposes of
this section.''
(b) Clerical Amendment.--The table of sections for such
subpart A is amended by inserting after the item relating to
section 6039E the following new item:
``Sec. 6039F. Information on individuals losing United States
citizenship.''
(c) Effective Date.--The amendments made by this section
shall apply to--
(1) individuals losing United States citizenship (within
the meaning of section 877 of the Internal Revenue Code of
1986) on or after February 6, 1995, and
(2) long-term residents of the United States with respect
to whom an event described in subparagraph (A) or (B) of
section 877(e)(1) of such Code occurs on or after such date.
[[Page 634]]
In no event shall any statement required by such amendments
be due before the 90th day after the date of the enactment of
this Act.
SEC. 423. REPORT ON TAX COMPLIANCE BY UNITED STATES CITIZENS
AND RESIDENTS LIVING ABROAD.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Treasury shall prepare and
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report--
(1) describing the compliance with subtitle A of the
Internal Revenue Code of 1986 by citizens and lawful
permanent residents of the United States (within the meaning
of section 7701(b)(6) of such Code) residing outside the
United States, and
(2) recommending measures to improve such compliance
(including improved coordination between executive branch
agencies).
After debate,
Pursuant to House Resolution 392, Mr. DINGELL submitted the following
amendment in the nature of a substitute:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Reform Act
of 1996''.
TITLE I--HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY
TABLE OF CONTENTS OF TITLE
Sec. 100. Definitions.
Subtitle A--Group Market Rules
Sec. 101. Guaranteed availability of health coverage.
Sec. 102. Guaranteed renewability of health coverage.
Sec. 103. Portability of health coverage and limitation on preexisting
condition exclusions.
Sec. 104. Special enrollment periods.
Sec. 105. Disclosure of information.
Subtitle B--Individual Market Rules
Sec. 110. Individual health plan portability.
Sec. 111. Guaranteed renewability of individual health coverage.
Sec. 112. State flexibility in individual market reforms.
Sec. 113. Definition.
Subtitle C--COBRA Clarifications
Sec. 121. Cobra clarification.
Subtitle D--Private Health Plan Purchasing Cooperatives
Sec. 131. Private health plan purchasing cooperatives.
Subtitle E--Application and Enforcement of Standards
Sec. 141. Applicability.
Sec. 142. Enforcement of standards.
Subtitle F--Miscellaneous Provisions
Sec. 191. Health coverage availability study.
Sec. 192. Effective date.
Sec. 193. Severability.
SEC. 100. DEFINITIONS.
As used in this title:
(1) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(2) Employee.--The term ``employee'' has the meaning given
such term under section 3(6) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(6)).
(3) Employer.--The term ``employer'' has the meaning given
such term under section 3(5) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(5)), except that
such term shall include only employers of two or more
employees.
(4) Employee health benefit plan.--
(A) In general.--The term ``employee health benefit plan''
means any employee welfare benefit plan, governmental plan,
or church plan (as defined under paragraphs (1), (32), and
(33) of section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that
provides or pays for health benefits (such as provider and
hospital benefits) for participants and beneficiaries
whether--
(i) directly;
(ii) through a group health plan offered by a health plan
issuer as defined in paragraph (8); or
(iii) otherwise.
(B) Rule of construction.--An employee health benefit plan
shall not be construed to be a group health plan, an
individual health plan, or a health plan issuer.
(C) Arrangements not included.--Such term does not include
the following, or any combination thereof:
(i) Coverage only for accident, or disability income
insurance, or any combination thereof.
(ii) Medicare supplemental health insurance (as defined
under section 1882(g)(1) of the Social Security Act).
(iii) Coverage issued as a supplement to liability
insurance.
(iv) Liability insurance, including general liability
insurance and automobile liability insurance.
(v) Workers compensation or similar insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or illness.
(viii) Hospital or fixed indemnity insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-only insurance.
(xi) A health insurance policy providing benefits only for
long-term care, nursing home care, home health care,
community-based care, or any combination thereof.
(5) Family.--
(A) In general.--The term ``family'' means an individual,
the individual's spouse, and the child of the individual (if
any).
(B) Child.--For purposes of subparagraph (A), the term
``child'' means any individual who is a child within the
meaning of section 151(c)(3) of the Internal Revenue Code of
1986.
(6) Group health plan.--
(A) In general.--The term ``group health plan'' means any
contract, policy, certificate or other arrangement offered by
a health plan issuer to a group purchaser that provides or
pays for health benefits (such as provider and hospital
benefits) in connection with an employee health benefit plan.
(B) Arrangements not included.--Such term does not include
the following, or any combination thereof;
(i) Coverage only for accident, or disability income
insurance, or any combination thereof.
(ii) Medicare supplemental health insurance (as defined
under section 1882(g)(1) of the Social Security Act).
(iii) Coverage issued as a supplement to liability
insurance.
(iv) Liability insurance, including general liability
insurance and automobile liability insurance.
(v) Workers compensation or similar insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or illness.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-only insurance.
(xi) A health insurance policy providing benefits only for
long-term care, nursing home care, home health care,
community-based care, or any combination thereof.
(7) Group purchaser.--The term ``group purchaser'' means
any person (as defined under paragraph (9) of section 3 of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(9)) or entity that purchases or pays for health
benefits (such as provider or hospital benefits) on behalf of
two or more participants or beneficiaries in connection with
an employee health benefit plan. A health plan purchasing
cooperative established under section 131 shall not be
considered to be a group purchaser.
(8) Health plan issuer.--The term ``health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this Act) by a State to offer a group health
plan or an individual health plan.
(9) Health status.--The term ``health status'' includes.
with respect to an individual, medical condition, claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability.
(10) Participant.--The term ``participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
(11) Plan sponsor.--The term ``plan sponsor'' has the
meaning given such term under section 3(16)(B) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(16)(B)).
(12) Secretary.--The term ``Secretary'', unless
specifically provided otherwise, means the Secretary of
Labor.
(13) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Subtitle A--Group Market Rules
SECTION 101. GUARANTEED AVAILABILITY OF HEALTH COVERAGE.
In General.--
(1) Nondiscrimination.--Except as provided in subsection
(b), section 102 and section 103--
(A) a health plan issuer offering a group health plan may
not decline to offer whole group coverage to a group
purchaser desiring to purchase such coverage; and
(B) an employee health benefit plan or a health plan issuer
offering a group health plan may establish eligibility,
continuation of eligibility, enrollment, or premium;
contribution requirements under the terms of such plan,
except that such requirements shall not be based on health
status (as defined in section 100(9)).
(2) Health promotion and disease prevention.--Nothing in
this subsection shall prevent an employee health benefit plan
or a health plan issuer from establishing premium; discounts
or modifying otherwise applicable copayments or deductibles
in return for adherence to programs of health promotion and
disease prevention.
(b) Application of Capacity Limits.--
(1) In general.--Subject to paragraph (2), a health plan
issuer offering a group health plan may cease offering
coverage to group purchasers under the plan if--
(A) the health plan issuer ceases to offer coverage to any
additional group purchasers; and
(B) the health plan issuer can demonstrate to the
applicable certifying authority (as defined in section
142(d)), if required, that its financial or provider capacity
to serve previously covered participants and beneficiaries
(and additional participants and
[[Page 635]]
beneficiaries who will be expected to enroll because of their
affiliation with a group purchaser or such previously covered
participants or beneficiaries) will be impaired if the health
plan issuer is required to offer coverage to additional group
purchasers.
Such health plan issuer shall be prohibited from offering
coverage after a cessation in offering coverage under this
paragraph for a 6-month period or until the health plan
issuer can demonstrate to the applicable certifying authority
(as defined in section 142(d)) that the health plan issuer
has adequate capacity, whichever is later.
(2) First-come-first-served.--A health plan issuer offering
a group health plan is only eligible to exercise the
limitations provided for in paragraph (1) if the health plan
issuer offers coverage to group purchasers under such plan on
a first-come-first-served basis or other basis established by
a State to ensure a fair opportunity to enroll in the plan
and avoid risk selection.
(e) Construction.--
(1) Marketing of group health plans.--Nothing in this
section shall be construed to prevent a State from requiring
health plan issuers offering group health plans to actively
market such plans.
(2) Involuntary offering of group health plans.--Nothing is
this section shall be construed to require a health plan
issuer to involuntarily offer group health plans in a
particular market. For the purposes of this paragraph, the
term ``market'' means either the large employer market or the
small employer market (as defined under applicable State law,
or if not so defined, an employer with not more than 50
employees).
SEC. 102. GUARANTEED RENEWABILITY OF HEALTH COVERAGE.
(A) In General.--
(1) Group purchaser.--Subject to subsections (b) and (c), a
group health plan shall be renewed or continued in force by a
health plan issuer at the option of the group purchaser,
except that the requirement of this subparagraph shall not
apply in the case of--
(A) the nonpayment of premiums or contributions by the
group purchaser in accordance with the terms of the group
health plan or where the health plan issuer has not received
timely premium payments;
(B) fraud or misrepresentation of material fact on the part
of the group purchaser;
(C) the termination of the group health plan in accordance
with subsection (b); or
(D) the failure of the group purchaser to meet contribution
or participation requirements in accordance with paragraph
(3).
(2) Paricipant.--Subject to subsections (b) and (c),
coverage under an employee health benefit plan or group
health plan shall be renewed or continued in force, if the
group purchaser elects to continue to provide coverage under
such plan, at the option of the participant (or beneficiary
where such right exists under the terms of the plan or under
applicable law), except that the requirement of this
paragraph shall not apply in the case of--
(A) the nonpayment of premiums or contributions by the
participant or beneficiary in accordance with the terms of
the employee health benefit plan or group health plan or
where such plan has not received timely premium payments.
(B) fraud or misrepresentation of material fact on the part
of the participant or beneficiary relating to an application
for coverage or claim for benefits;
(C) the termination of the employee health benefit plan or
group health plan;
(D) loss of eligibility for continuation coverage as
described in part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1161 et
seq.); or
(E) failure of a participant or beneficiary to meet
requirements for eligibility for coverage under an employee
health benefit plan or group health plan that are not
prohibited by this title.
(3) Rules of construction.--Nothing in this subsection, nor
in section 101(a), shall be construed to--
(A) preclude a health plan issuer from establishing
employer contribution rules or group participation rules for
group health plans as allowed under applicable State law;
(B) preclude a plan defined in section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1102(37)) from establishing employer contribution rules or
group participation rules; or
(C) permit individuals to decline coverage under an
employee health benefit plan if such right is not otherwise
available under such plan.
(b) Termination of Group Health Plans.--
(1) Particular type of group health plan not offered.--In
any case in which a health plan issuer decides to discontinue
offering a particular type of group health plan. A group
health plan of such type may be discontinued by the health
plan issuer only if--
(A) the health plan issuer provides notice to each group
purchaser covered under a group health plan of this type (and
participants and beneficiaries covered under such group
health plan) of such discontinuation at least 90 days prior
to the date of the discontinuation of such plan;
(B) the health plan issuer offers to each group purchaser
covered under a group health plan of this type, the option to
purchase any other group health plan currently being offered
by the health plan issuer; and
(C) in exercising the option to discontinue a group health
plan of this type and in offering one or more replacement
plans, the health plan issuer acts uniformly without regard
to the health status of participants or beneficiaries covered
under the group health plan, or new participants or
beneficiaries who may become eligible for coverage under the
group health plan.
(2) Discontinuance of all group health plans.--
(A) In general.--In any case in which a health plan issuer
elects to discontinue offering all group health plans in a
State, a group health plan may be discontinued by the health
plan issuer only if--
(i) the health plan issuer provides notice to the
applicable certifying authority (as defined in section
142(d)) and to each group purchaser (and participants and
beneficiaries covered under such group health plan) of such
discontinuation at least 180 days prior to the date of the
expiration of such plan, and
(ii) all group health plans issued or delivered for
issuance in the State or discontinued and coverage under such
plans is not renewed.
(B) Application of provisions.--The provisions of this
paragraph and paragraph (3) may be applied separately by a
health plan issuer--
(i) to all group health plans offered to small employers
(as defined under applicable State law, or if not so defined,
an employer with not more than 50 employees); or
(ii) to all other group health plans offered by the health
plan issuer in the State.
(3) Prohibition on market reentry.--In the case of a
discontinuation under paragraph (2), the health plan issuer
may not provide for the issuance of any group health plan in
the market sector (as described in paragraph (2)(B)) in which
issuance of such group health plan was discontinued in the
State involved during the 5-year period beginning on the date
of the discontinuation of the last group health plan not so
renewed.
Treatment of Network Plans.--
(1) Geographic limitations.--A network plan (as defined in
paragraph (2)) may deny continued participation under such
plan to participants or beneficiaries who neither live,
reside, nor work in an area in which such network plan is
offered, but only if such denial is applied uniformly,
without regard to health status of particular participants or
beneficiaries.
(2) Network plan.--As used in paragraph (1), the term
``network plan'' means an employee health benefit plan or a
group health plan that arranges for the financing and
delivery of health care services to participants or
beneficiaries covered under such plan, in whole or in part,
through arrangements with providers.
(d) COBRA Coverage.--Nothing in subsection (a)(2)(E) or
subsection (c) shall be construed to affect any right to
COBRA continuation coverage as described in part 6 of
subtitle B of title I of the employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.).
SEC. 103. PORTABILITY OF HEALTH COVERAGE AND LIMITATION ON
PREEXISTING CONDITION EXCLUSIONS.
(a) In General.--An employee health benefit plan or a
health plan issuer offering a group health plan may impose a
limitation or exclusion of benefits relating to treatment of
a preexisting condition based on the fact that the condition
existed prior to the coverage of the participant or
beneficiary under the plan only if--
(1) the limitation or exclusion extends for a period of not
more than 12 months after the date of enrollment in the plan;
(2) the limitation or exclusion does not apply to an
individual who, within 30 days of the date of birth or
placement for adoption (as determined under section
609(c)(3)(B) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1169(c)(3)(B)), was covered under the
plan; and
(3) the limitation or exclusion does not apply to a
pregnancy.
(b) Crediting of Previous Qualifying Coverage.--
(1) In general.--Subject to paragraph (4), an employee
health benefit plan or a health plan issuer offering a group
health plan shall provide that if a participant or
beneficiary is in a period of previous qualifying coverage as
of the date of enrollment under such plan, any period of
exclusion or limitation of coverage with respect to a
preexisting condition shall be reduced by 1 month for each
month in which the participant or beneficiary was in the
period of previous qualifying coverage. With respect to an
individual described in subsection (a)(2) who maintains
continuous coverage, no limitation or exclusion of benefits
relating to treatment of a preexisting condition may be
applied to a child within the child's first 12 months of life
or within 12 months after the placement of a child for
adoption.
(2) Discharge of duty.--An employee health benefit plan
shall provide documentation of coverage to participants and
beneficiaries who coverage is terminated under the plan.
Pursuant to regulations promulgated by the Secretary, the
duty of an employee health benefit plan to verify previous
qualifying coverage with respect to a participant or
beneficiary is effectively discharged when such employee
health benefit plan provides documentation to a participant
or beneficiary that includes the following information:
(A) the dates that the participant or beneficiary was
covered under the plan; and
(B) the benefits and cost-sharing arrangement available to
the participant or beneficiary under such plan.
An employee health benefit plan shall retain the
documentation provided to a participant or beneficiary under
subparagraphs (A) and (B) for at least the 12-month period
following the date on which the participant or bene
[[Page 636]]
ficiary ceases to be covered under the plan. Upon request, an
employee health benefit plan shall provide a second copy of
such documentation or such participant or beneficiary within
the 12-month period following the date of such ineligibility.
(3) Definitions.--As used in this section:
(A) Previous qualifying coverage.--The term ``previous
qualifying coverage'' means the period beginning on the
date--
(i) a participant or beneficiary is enrolled under an
employee health benefit plan or a group health plan, and
ending on the date the participant or beneficiary is not so
enrolled; or
(ii) an individual is enrolled under an individual health
plan (as defined in section 113) or under a public or private
health plan established under Federal or State law, and
ending on the date the individual is not so enrolled;
for a continuous period of more than 30 days (without regard
to any waiting period).
(B) Limitation or exclusion of benefits relating to
treatment of a preexisting condition.--The term ``limitation
or exclusion of benefits relating to treatment of a
preexisting condition'' means a limitation or exclusion of
benefits imposed on an individual based on a preexisting
condition of such individual.
(4) Effect of previous coverage.--An employee health
benefit plan or a health plan issuer offering a group health
plan may impose a limitation or exclusion of benefits
relating to the treatment of a preexisting condition, subject
to the limits in subsection (a)(1), only to the extent that
such service or benefit was not previously covered under the
group health plan, employee health benefit plan, or
individual health plan in which the participant or
beneficiary was enrolled immediately prior to enrollment in
the plan involved.
(c) Late Enrollees.--Except as provided in section 104,
with respect to a participant or beneficiary enrolling in an
employee health benefit plan or group health plan during a
time that is other than the first opportunity to enroll
during an enrollment period of at least 30 days, coverage
with respect to benefits or services relating to the
treatment of a preexisting condition in accordance with
subsection (a) and (b) may be excluded except the period of
such exclusion may not exceed 18 months beginning on the date
of coverage under the plan.
(d) Affiliation Periods.--With respect to a participant or
beneficiary who would otherwise be eligible to receive
benefits under an employee health benefit plan or a group
health plan but for the operation of a preexisting condition
limitation or exclusion, if such plan does not utilize a
limitation or exclusion of benefits relating to the treatment
of a preexisting condition, such plan may impose an
affiliation period on such participant or beneficiary not to
exceed 60 days (or in the case of a late participant or
beneficiary described in subsection (c), 90 days) from the
date on which the participant or beneficiary would otherwise
be eligible to receive benefits under the plan. An employee
health benefit plan or a health plan issuer offering a group
health plan may also use alternative methods to address
adverse section as approved by the applicable certifying
authority (as defined in section 142(d)). During such an
affiliation period, the plan may not be required to provide
health care services or benefits and no premium shall be
charged to the participant or beneficiary.
(e) Preexisting Conditions.--For purposes of this section,
the term ``preexisting condition'' means a condition,
regardless of the cause of the condition, for which medical
advice, diagnosis, care, or treatment was recommended or
received within the 6-month period ending on the day before
the effective date of the coverage (without regard to any
waiting period).
(f) State Flexibility.--Nothing in this section shall be
construed to preempt State laws that--
(1) require health plan issuers to impose a limitation or
exclusion of benefits relating to the treatment of a
preexisting condition for periods that are shorter than those
provided for under this section; or
(2) allow individuals, participants, and beneficiaries to
be considered to be in a period of previous qualifying
coverage if such individual, participant, or beneficiary
experiences a lapse in coverage that is greater than the 30-
day period provided for under subsection (b)(3);
unless such laws are preempted by section 514 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144).
SEC. 104. SPECIAL ENROLLMENT PERIODS.
In the case of a participant, beneficiary or family member
who--
(1) through marriage, separation, divorce, death, birth or
placement of a child for adoption, experiences a change in
family composition affecting eligibility under a group health
plan, individual health plan, or employee health benefit
plan;
(2) experiences a change in employment status, as described
in section 603(2) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1163(2)), that causes the loss of
eligibility for coverage, other than COBRA continuation
coverage under a group health plan, individual health plan,
or employee health benefit plan; or
(3) experiences a loss of eligibility under a group health
plan, individual health plan, or employee health benefit plan
because of a change in the employment status of a family
member;
each employee health benefit plan and each group health plan
shall provide for a special enrollment period extending for a
reasonable time after such event that would permit the
participant to change the individual or family basis of
coverage or to enroll in the plan if coverage would have been
available to such individual, participant, or beneficiary but
for failure to enroll during a previous enrollment period.
Such a special enrollment period shall ensure that a child
born or placed for adoption shall be deemed to be covered
under the plan as of the date of such birth or placement for
adoption if such child is enrolled within 30 days of the date
of such birth or placement for adoption.
SEC. 105. DISCLOSURE OF INFORMATION.
(a) Disclosure of Information by Health Plan Issuer.--
(1) In general.--In connection with the offering of any
group health plan to a small employer (as defined under
applicable State law, or if not so defined, an employer with
not more than 50 employees), a health plan issuer shall make
a reasonable disclosure to such employer, as part of its
solicitation and sales materials, of--
(A) the provisions of such group health plan concerning the
health plan issuer's right to change premium rates and the
factors that may affect changes in premium rates.
(B) the provisions of such group health plan relating to
renewability of coverage;
(C) the provisions of such group health plan relating to
any preexisting condition provision; and
(D) descriptive information about the benefits and premiums
available under all group health plans for which the employer
is qualified.
Information shall be provided to small employers under this
paragraph in a manner determined to be understandable by the
average small employer, and shall be sufficiently accurate
and comprehensive to reasonably inform small employers,
participants and beneficiaries of their rights and
obligations under the group health plan.
(2) Exception.--With respect to the requirement of
paragraph (1), any information that is proprietary and trade
secret information under applicable law shall not be subject
to the disclosure requirements of such paragraph.
(3) Construction.--Nothing in this subsection shall be
construed to preempt State reporting and disclosure
requirements to the extent that such requirements are not
preempted under section 514 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144).
(b) Disclosure of Information to Participants and
Beneficiaries.--
(1) In general.--Section 104(b)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1))
is amended in the matter following subparagraph (B)--
(A) by striking ``102(a)(1),'' and inserting ``102(a)(1)
that is not a material reduction in covered services or
benefits provided,''; and
(B) by adding at the end thereof the following new
sentences: ``If there is a modification or change described
in section 102(a)(1) that is a material reduction in covered
services or benefits provided, a summary description of such
modification or change shall be furnished to participants not
later than 60 days after the date of the adoption of the
modification or change. In the alternative, the plan sponsors
may provide such description at regular intervals of not more
than 90 days. The Secretary shall issue regulations within
180 days after the date of enactment of the Health Insurance
Reform Act of 1996, providing alternative mechanisms to
delivery by mail through which employee health benefit plans
may notify participants of material reductions in covered
services or benefits.''.
(2) Plan description and summary.--Section 102(b) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1022(b)) is amended--
(A) by inserting ``including the office or title of the
individual who is responsible for approving or denying claims
for coverage of benefits'' after ``type of administration of
the plan'';
(B) by inserting ``including the name of the organization
responsible for financing claims'' after ``source of
financing of the plan''; and
(C) by inserting ``including the office, contact, or title
of the individual at the Department of Labor through which
participants may seek assistance or information regarding
their rights under this Act and title I of the Health
Insurance Reform Act of 1996 with respect to health benefits
that are not offered through a group health plan.'' after
``benefits under the plan''.
Subtitle B--Individual Market Rules
SEC. 110. INDIVIDUAL HEALTH PLAN PORTABILITY.
(a) Limitation on Requirements.--
(1) In general.--Except as provided in subsections (b) and
(c), a health plan issuer described in paragraph (3) may not,
with respect to an eligible individual (as defined in
subsection (b)) desiring to enroll in an individual health
plan--
(A) decline to offer coverage to such individual, or deny
enrollment to such individual based on the health status of
the individual; or
(B) impose a limitation or exclusion of benefits otherwise
covered under the plan for the individual based on a
preexisting condition unless such limitation or exclusion
could have been imposed if the individual remained covered
under a group health plan or
[[Page 637]]
employee health benefit plan (including providing credit for
previous coverage in the manner provided under subtitle A).
(2) Health promotion and disease prevention.--Nothing in
this subsection shall be construed to prevent a health plan
issuer offering an individual health plan from establishing
premium discounts or modifying otherwise applicable
copayments or deductibles in return for adherence to programs
of health promotion or disease prevention.
(3) Health plan issuer.--A health plan issuer described in
this paragraph in a health plan issuer that issues or renews
individual health plans.
(4) Premiums.--Nothing in this subsection shall be
construed to affect the determination of a health plan issuer
as to the amount of the premium payable under an individual
health plan under applicable State law.
(b) Definition of Eligible Individual.--As used in
subsection (a)(1), the term ``eligible individual'' means an
individual who--
(1) was a participant or beneficiary enrolled under one or
more group health plans, employee health benefit plans, or
public plans established under Federal or State law, for not
less than 18 months (without a lapse in coverage of more than
30 consecutive days) immediately prior to the date on which
the individual desired to enroll in the individual health
plan.
(2) is not eligible for coverage under a group health plan
or an employee health benefit plan;
(3) has not had coverage terminated under a group health
plan or employee health benefit plan for failure to make
required premium payments or contributions, or for fraud or
misrepresentation of material fact; and
(4) has, if applicable, accepted and exhausted the maximum
required period of continuous coverage as described in
section 602(2)(A) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1162(2)(A)) or under an equivalent
State program.
(c) Applicable of Capacity Limit.--
(1) In general.--Subject to paragraph (2), a health plan
issuer offering coverage to individuals under an individual
health plan may cease enrolling individuals under the plan
if--
(A) the health plan issuer ceases to enroll any new
individuals; and
(B) the health plan issuer can demonstrate to the
applicable certifying authority (as defined in section
142(d)), if required, that its financial or provider capacity
to serve previously covered individuals will be impaired if
the health plan issuer is required to enroll additional
individuals.
Such a health plan issuer shall be prohibited from offering
coverage after a cessation in offering coverage under this
paragraph for a 6-month period or until the health plan
issuer can demonstrate to the applicable certifying authority
(as defined in section 142(d)) that the health plan issuer
has adequate capacity, whichever is later.
(2) First-come-first-served.--A health plan issuer offering
coverage to individuals under an individual health plan is
only eligible to exercise the limitations provided for in
paragraph (1) if the health plan issuer provides for
enrollment of individuals under such plan on a first-come-
first-served basis or other basis established by a State to
ensure a fair opportunity to enroll in the plan and avoid
risk selection.
(d) Market Requirement.--
(1) In general.--The provisions of subsection (a) shall not
be construed to require that a health plan issuer offering
group health plans to group purchasers offer individual
health plans to individuals.
(2) Conversion policies.--A health plan issuer offering
group health plans to group purchasers under this title shall
not be deemed to be a health plan issuer offering an
individual health plan solely because such health plan issuer
offers a conversion policy.
(3) Marketing of plans.--Nothing in this section shall be
construed to prevent a State from requiring health plan
issuers offering coverage to individuals under an individual
health plan to actively market such plan.
SEC. 111. GUARANTEED RENEWABILITY OF INDIVIDUAL HEALTH
COVERAGE.
(a) In General.--Subject to subsections (b) and (c),
coverage for individuals under an individual health plan
shall be renewed or continued in force by a health plan
issuer at the option of the individual, except that the
requirement of this subsection shall not apply in the case
of--
(1) the nonpayment of premiums or contributions by the
individual in accordance with the terms of the individual
health plan or where the health plan issuer has not received
timely premium payments;
(2) fraud or misrepresentation of material fact on the part
of the individual; or
(3) the termination of the individual health plan in
accordance with subsection (b).
(b) Termination of Individual Health Plans.--
(1) Particular type of individual health plan not
offered.--In any case in which a health plan issuer decides
to discontinue offering a particular type of individual
health plan to individuals, an individual health plan may be
discontinued by the health plan issuer only if--
(A) the health plan issuer provides notice to each
individual covered under the plan of such discontinuation at
least 90 days prior to the date of the expiration of the
plan.
(B) the health plan issuer offers to each individual
covered under the plan the option to purchase any other
individual health plan currently being offered by the health
plan issuer to individuals; and
(C) in exercising the option to discontinue the individual
health plan and in offering one or more replacement plans,
the health plan issuer acts uniformly without regard to the
health status of particular individuals.
(21) Discontinuance of all individual health plans.--In any
case in which a health plan issuer elects to discontinue all
individual health plans in a State, an individual health plan
may be discontinued by the health plan issuer only if--
(A) the health plan issuer provides notice to the
applicable certifying authority (as defined in section
142(d)) and to each individual covered under the plan of such
discontinuation at least 180 days prior to the date of the
discontinuation of the plan; and
(B) all individual health plans issued or delivered for
issuance in the State are discontinued and coverage under
such plans is not renewed.
(3) Prohibition on market reentry.--In the case of a
discontinuation under paragraph (2), the health plan issuer
may not provide for the issuance of any individual health
plan in the State involved during the 5-year period beginning
on the date of the discontinuation of the last plan not so
renewed.
(c) Treatment of Network Plans.--
(1) Geographic limitations.--A health plan issuer which
offers a network plan (as defined in paragraph (2)) may deny
continued participation under the plan to individuals who
neither live, reside, nor work in an area in which the
individual health plan is offered, but only if such denial is
applied uniformly, without regard to health status of
particular individuals.
(2) Network play.--As used in paragraph (1), the term
``network plan'' means an individual health plan that
arranges for the financing and delivery of health care
services to individuals covered under such health plan, in
whole or in part, through arrangements with providers.
SEC. 112. STATE FLEXIBILITY IN INDIVIDUAL MARKET REFORMS.
(a) In General.--With respect to any State law with respect
to which the Governor of the State notifies the Secretary of
Health and Human Services that such State law will achieve
the goals of sections 110 and 111, and that is in effect on,
or enacted after, the date of enactment of this Act (such as
laws providing for guaranteed issue, open enrollment by one
or more health plan issuers, high-risk pools, or mandatory
conversion policies), such State law shall apply in lieu of
the standards described in sections 110 and 111 unless the
Secretary of Health and Human Services determines, after
considering the criteria described in subsection (b)(1), in
consultation with the Governor and Insurance Commissioner or
chief insurance regulatory official of the State, that such
State law does not achieve the goals of providing access to
affordable health care coverage for those individuals
described in sections 110 and 111.
(b) Determination.--
(1) In general.--In making a determination under subsection
(a), the Secretary of Health and Human Services shall only--
(A) evaluate whether the State law or program provides
guaranteed access to affordable coverage to individuals
described in sections 110 and 111;
(B) evaluate whether the State law or program provides
coverage for preexisting conditions (as defined in section
103(e)) that were covered under the individuals' previous
group health plan or employee health benefit plan for
individuals described in sections 110 and 111.
(C) evaluate whether the State law or program provides
individuals described in sections 110 and 111 with a choice
of health plans or a health plan providing comprehensive
coverage, and
(D) evaluate whether the application of the standards
described in sections 110 and 111 will have an adverse impact
on the number of individuals in such State having access to
affordable coverage.
(2) Notice of intent.--If, within 6 months after the date
of enactment of this Act, the Governor of a State notifies
the Secretary of Health and Human Services that the State
intends to enact a law, or modify an existing law, described
in subsection (a), the Secretary of Health and Human Services
may not make a determination under such subsection until the
expiration of the 12-month period beginning on the date on
which such notification is made, or until January 1, 1998,
whichever is later. With respect to a State that provides
notice under this paragraph and that has a legislature that
does not meet within the 12-month period beginning on the
date of enactment of this Act, the Secretary shall not make a
determination under subsection (a) prior to January 1, 1998.
(3) Notice to state.--If the Secretary of Health and Human
Services determines that a State law or program does not
achieve the goals described in subsection (a), the Secretary
of Health and Human Services shall provide the State with
adequate notice and reasonable opportunity to modify such law
or program to achieve such goals prior to making a final
determination under subsection (a).
(c) Adoption of NAIC Model.--If, not later than 9 months
after the date of enactment of this Act--
(1) the National Association of Insurance Commissioners
(hereafter referred to as the ``NAIC''), through a process
which the Secretary of Health and Human Services determines
has included consultation with rep
[[Page 638]]
resentatives of the insurance industry and consumer groups,
adopts a model standard or standards for reform of the
individual health insurance market, and
(2) the Secretary of Health and Human Services determines,
within 30 days of the adoption of such NAIC standard or
standards, that such standards comply with the goals of
sections 110 and 111:
a State that elects to adopt such model standards or
substantially adopt such model standards shall be deemed to
have met the requirements of sections 110 and 111 and shall
be subject to a determination under subsection (a).
SEC. 113. DEFINITION.
(a) In General.--As used this title, the term ``individual
health plan'' means any contract, policy, certificate or
other arrangement offered to individuals by a health plan
issuer that provides or pays for health benefits (such as
provider and hospital benefits) and that is not a group
health plan under section 2(6).
(b) Arrangements Not Included.--Such term does not include
the following, or any combination thereof:
(1) Coverage only for accident, or disability income
insurance, or any combination thereof.
(2) Medicare supplemental health insurance (as defined
under section 1882(g)(1) of the Social Security Act).
(3) Coverage issued as a supplement to liability insurance.
(4) Liability insurance, including general liability
insurance and automobile liability insurance.
(5) Workers' compensation or similar insurance.
(6) Automobile medical payment insurance.
(7) Coverage for a specified disease or illness.
(8) Hospital of fixed indemnity insurance.
(9) Short-term limited duration insurance.
(10) Credit-only, dental-only, or vision-only insurance.
(11) A health insurance policy providing benefits only for
long-term care, nursing home care, home health care,
community-based care, or any combination thereof.
Subtitle C--COBRA Clarifications
SEC. 121. COBRA CLARIFICATIONS.
(a) Public Health Service Act.--
(1) Period of coverage.--Section 2202(2) of the Public
Health Service Act (42 U.S.C. 300bb-2(2)) is amended--
(A) in subparagraph (A)--
(i) by transferring the sentence immediately preceding
clause (iv) so as to appear immediately following such clause
(iv); and
(ii) in the last sentence (as so transferred)--
(I) by inserting ``, or a beneficiary-family member of the
individual,'' after ``an individual''; and
(II) by striking ``at the time of a qualifying event
described in section 2203(2)'' and inserting ``at any time
during the initial 18-month period of continuing coverage
under this title'';
(B) in subparagraph (D)(i), by inserting before ``, or''
the following: ``, except that the exclusion or limitation
contained in this clause shall not be considered to apply to
a plan under which a preexisting condition or exclusion does
not apply to an individual otherwise eligible for
continuation coverage under this section because of the
provision of the Health Insurance Reform Act of 1996'', and
(C) in subparagraph (E), by striking ``at the time of a
qualifying event described in section 2203(2)'' and inserting
``at any time during the initial 18-month period of
continuing coverage under this title'',
(2) Election.--Section 2205(1)(C) of the Public Health
Service Act (42 U.S.C. 300bb-5(1)(C)) is amended--
(A) in clause (i), by striking ``or'' at the end thereof.
(B) in clause (ii), by striking the period and inserting
``, or'', and
(C) by adding at the end thereof the following new clause:
``(iii) in the case of an individual described in the last
sentence of section 2202(2)(A), or a beneficiary-family
member of the individual, the date such individual is
determined to have been disabled.''.
(3) Notices.--Section 2206(3) of the Public Health Service
Act (42 U.S.C. 300bb-6(3)) is amended by striking ``at the
time of a qualifying event described in section 2203(2)'' and
inserting ``at any time during the initial 18-month period of
continuing coverage under this title''.
(4) Birth or adoption of a child.--Section 2208(3)(A) of
the Public Health Service Act (42 U.S.C. 300bb-8(3)(A)) is
amended by adding at the end thereof the following new flush
sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continued coverage under this title.''.
(b) Employee Retirement Income Security Act of 1974.--
(1) Period of coverage.--Section 602(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)) is
amended--
(A) in the last sentence of subparagraph (A)--
(i) by inserting ``, or a beneficiary-family member of the
individual.'' after ``an individual''; and
(ii) by striking ``at the time of a qualifying event
described in section 603(2)'' and inserting ``at any time
during the initial 18-month period of continuing coverage
under this part'',
(B) in subparagraph (D)(i), by inserting before, ``, or''
the following ``, except that the exclusion or limitation
contained in this clause shall not be considered to apply to
a plan under which a preexisting condition or exclusion does
not apply to an individual otherwise eligible for
continuation coverage under this section because of the
provision of the Health Insurance Reform Act of 1996''; and
(C) in subparagraph (E), by striking ``at the time of a
qualifying event described in section 603(2)'' and inserting
``at any time during the initial 18-month period of
continuing coverage under this part''.
(2) Election.--Section 605(1)(C) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1165(1)(C)) is
amended--
(A) in clause (i), by striking ``or'' at the end thereof;
(B) in clause (ii), by striking the period and inserting
``, or''; and
(C) by adding at the end thereof the following new clause:
``(iii) in the case of an individual described in the last
sentence of section 602(2)(A), or a beneficiary-family member
of the individual, the date such individual is determined to
have been disabled.''.
(3) Notices.--Section 606(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166(3)) is amended by
striking ``at the time of a qualifying event described in
section 603(2)'' and inserting ``at any time during the
initial 18-month period of continuing coverage under this
part''.
(4) Birth or adoption of a child.--Section 607(3)(A) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1167(3)) is amended by adding at the end thereof the
following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continued coverage under this part.''.
(c) Internal Revenue Code of 1986.--
(1) Period of coverage.--Section 4980B(f)(2)(B) of the
Internal Revenue Code of 1986 is amended--
(A) in the last sentence of clause (i) by striking ``at the
time of a qualifying event described in paragraph (3)(B)''
and inserting ``at any time during the initial 18-month
period of continuing coverage under this section''.
(B) in clause (iv)(I), by inserting before ``, or'' the
following: ``, except that the exclusion or limitation
contained in this subclause shall not be considered to apply
to a plan under which a preexisting condition or exclusion
does not apply to an individual otherwise eligible for
continuation coverage under this subsection because of the
provision of the Health Insurance Reform Act of 1996''; and
(C) in clause (v), by striking ``at the time of a
qualifying event described in paragraph (3)(B)'' and
inserting ``at any time during the initial 18-month period of
continuing coverage under this section''.
(2) Election.--Section 4980B(f)(5)(A)(ii) of the Internal
Revenue Code of 1986 is amended--
(A) in subclause (I), by striking ``or'' at the end
thereof;
(B) in subclause (II), by striking the period and inserting
``, or'', and
(C) by adding at the end thereof the following new
subclause:
``(III) in the case of an qualified beneficiary described
in the last sentence of paragraph (2)(B)(i), the date such
individual is determined to have been disabled.''.
(3) Notices.--Section 4980B(f)(6)(C) of the Internal
Revenue Code of 1986 is amended by striking ``at the time of
a qualifying event described in paragraph (3)(B)'' and
inserting ``at any time during the initial 18-month period of
continuing coverage under this section''.
(4) Birth or adoption of a child.--Section 4980B(g)(1)(A)
of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continued coverage under this section.''.
(d) Effective Date.--The amendments made by this section
shall apply to qualifying events occurring on or after the
date of enactment of this Act for plan years beginning after
December 31, 1997.
(e) Notification of Changes.--Not later than 60 days prior
to the date on which this section becomes effective, each
group health plan (covered under title XXII of the Public
Health Service Act, part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974, and section
4980B(f) of the Internal Revenue Code of 1986) shall notify
each qualified beneficiary who has elected continuation
coverage under such title, part or section of the amendments
made by this section.
Subtitle D--Private Health Plan Purchasing Cooperatives
SEC. 131. PRIVATE HEALTH PLAN PURCHASING COOPERATIVES.
(a) Definition.--As used in this title, the term ``health
plan purchasing cooperative'' means a group of individuals or
employers that, on a voluntary basis and in accordance with
this section, form a cooperative for the purpose of
purchasing individual health plans or group health plans
offered by health plan issuers. A health plan issuer, agent,
broker or any other individual or entity engaged in the sale
of insurance may not underwrite a cooperative.
(b) Certification.--
[[Page 639]]
(1) In general.--If a group described in subsection (a)
desires to form a health plan purchasing cooperative in
accordance with this section and such group appropriately
notifies the State and the Secretary of such desire, the
State, upon a determination that such group meets the
requirements of this section, shall certify the group as a
health plan purchasing cooperative. The State shall make a
determination of whether such group meets the requirements of
this section in a timely fashion. Each such cooperative shall
also be registered with the Secretary.
(2) State refusal to certify.--If a State fails to
implement a program for certifying health plan purchasing
cooperatives in accordance with the standards under this
title, the Secretary shall certify and oversee the operations
of such cooperative in such State.
(3) Interstate cooperatives.--For purposes of this section
a health plan purchasing cooperative operating in more than
one State shall be certified by the State in which the
cooperative is domiciled. States may enter into cooperative
agreements for the purpose of certifying and overseeing the
operation of such cooperatives. For purposes of this
subsection, a cooperative shall be considered to be domiciled
in the State in which most of the members of the cooperative
reside.
(c) Board of Directors.--
(1) In general.--Each health plan purchasing cooperative
shall be governed by a Board of Directors that shall be
responsible for ensuring the performance of the duties of the
cooperative under this section. The Board shall be composed
of a board cross-section of representatives of employers,
employees, and individuals participating in the cooperative.
A health plan issuer, agent, broker or any other individual
or entity engaged in the sale of individual health plans or
group health plans may not hold or control any right to vote
with respect to a cooperative.
(2) Limitation on compensation.--A health plan purchasing
cooperative may not provide compensation to members of the
Board of Directors. The cooperative may provide
reimbursements to such members for the reasonable and
necessary expenses incurred by the members in the performance
of their duties as members of the Board.
(3) Conflict of interest.--No member of the Board of
Directors (or family members of such members) nor any
management personnel of the cooperative may be employed by,
be a consultant of, be a member of the board of directors or,
be affiliated with an agent of, or otherwise be a
representative of any health plan issuer, health care
provider, or agent or broker. Nothing in the preceding
sentence shall limit a member of the Board from purchasing
coverage offered through the cooperative.
(d) Membership and Marketing Area.--
(1) Membership.--A health plan purchasing cooperative may
establish limits on the maximum size of employers who may
become members of the cooperative, and may determine whether
to permit individuals to become members. Upon the
establishment of such membership requirements, the
cooperative shall, except as provided in subparagraph (B),
accept all employers (or individuals) residing within the
area served by the cooperative who meet such requirements as
members on a first-come, first-served basis, or on another
basis established by the State to ensure equitable access to
the cooperative.
(2) Marketing area.--A State may establish rules regarding
the geographic area that must be served by a health plan
purchasing cooperative. With respect to a State that has not
established such rules, a health plan purchasing cooperative
operating in the State shall define the boundaries of the
area to be served by the cooperative, except that such
boundaries may not be established on the basis of health
status of the populations that reside in the area.
(e) Duties and Responsibilities.--
(1) In general.--A health plan purchasing cooperative
shall--
(A) enter into agreements with multiple, unaffiliated
health plan issuers, except that the requirement of this
subparagraph shall not apply in regions (such as remote or
frontier areas) in which compliance with such requirement is
not possible.
(B) enter into agreements with employers and individuals
who become members of the cooperative;
(C) participate in any program of risk-adjustment or
reinsurance, or any similar program, that is established by
the State.
(D) prepare and disseminate comparative health plan
materials (including information about cost, quality,
benefits, and other information concerning group health plans
and individual health plans offered through the cooperative);
(E) actively market to all eligible employers and
individuals residing within the service area; and
(F) act as an ombudsman for group health plan or individual
health plan enrollees.
(2) Permissible activities.--A health plan purchasing
cooperative may perform such other functions as necessary to
further the purposes of this title, including--
(A) collecting and distributing premiums and performing
other administrative functions;
(B) collecting and analyzing surveys of enrollee
satisfaction;
(C) charging membership fee to enrollees (such fees may not
be based on health status) and charging participation fees to
health plan issuers;
(D) cooperating with (or accepting as members) employers
who provide health benefits directly to participants and
beneficiaries only for the purpose of negotiating with
providers, and
(E) negotiating with health care providers and health plan
issuers.
(f) Limitations on Cooperative Activities.--A health plan
purchasing cooperative shall not--
(1) perform any activity relating to the licensing of
health plan issuers.
(2) assume financial risk directly or indirectly on behalf
of members of a health plan purchasing cooperative relating
to any group health plan or individual health plan;
(3) establish eligibility, continuation of eligibility,
enrollment, or premium contribution requirements for
participants, beneficiaries, or individuals based on health
status;
(4) operate on a for-profit or other basis where the legal
structure of the cooperative permits profits to be made and
not returned to the members of the cooperative, except that a
for-profit health plan purchasing cooperative may be formed
by a nonprofit organization--
(A) in which membership in such organization is not based
on health status; and
(B) that accepts as members all employers or individuals on
a first-come, first-served basis, subject to any established
limit on the maximum size of and employer that may become a
member; or
(5) perform any other activities that conflict or are
inconsistent with the performance of its duties under this
title.
(g) Limited Preemptions of Certain State Laws.--
(1) In general.--With respect to a health plan purchasing
cooperative that meets the requirements of this section,
State fictitious group laws shall be preempted.
(2) Health plan issuers.--
(A) Rating.--With respect to a health plan issuer offering
a group health plan or individual health plan through a
health plan purchasing cooperative that meets the
requirements of this section. State premium rating
requirement laws, except to the extent provided under
subparagraph (B), shall be preempted unless such laws permit
premium rates negotiated by the cooperative to be less than
rates that would otherwise be permitted under State law, if
such rating differential is not based on differences in
health status or demographic factors.
(B) Exception.--State laws referred to in subparagraph (A)
shall not be preempted if such laws--
(i) prohibit the variance of premium rates among employers,
plan sponsors, or individuals that are members of health plan
purchasing cooperative in excess of the amount of such
variations that would be permitted under such State rating
laws among employers, plan sponsors, and individuals that are
not members of the cooperative; and
(ii) prohibit a percentage increase in premium rates for a
new rating period that is in excess of that which would be
permitted under State rating laws.
(C) Benefits.--Except as provided in subparagraph (D), a
health plan issuer offering a group health plan or individual
health plan through a health plan purchasing cooperative
shall comply with all State mandated benefit laws that
require the offering of any services, category or care, or
services of any class or type of provider.
(D) Exception.--In those states that have enacted laws
authorizing the issuance of alternative benefit plans to
small employers, health plan issuers may offer such
alternative benefit plans through a health plan purchasing
cooperative that meets the requirements of this section.
(h) Rules of Construction.--Nothing in this section shall
be construed to--
(1) require that a State organize, operate, or otherwise
create health plan purchasing cooperatives;
(2) otherwise require the establishment of health plan
purchasing cooperatives.
(3) require individuals, plan sponsors, or employers to
purchase group health plans or individual health plans
through a health plan purchasing cooperative;
(4) require that a health plan purchasing cooperative be
the only type of purchasing arrangement permitted to operate
in a State.
(5) confer authority upon a State that the State would not
otherwise have to regulate health plan issuers or employee
health benefits plans, or
(6) confer authority up a State (or the Federal Government)
that the State (or Federal Government) would not otherwise
have to regulate group purchasing arrangements, coalitions,
or other similar entities that do not desire to become a
health plan purchasing cooperative in accordance with this
section.
(i) Application of ERISA.--For purposes of enforcement
only, the requirements of parts 4 and 5 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1101) shall apply to a health pan purchasing
cooperative as if such plan were an employee welfare benefit
plan.
Subtitle E--Application and Enforcement of Standards
SEC. 141. APPLICABILITY.
(A) Construction.--
(1) Enforcement.--
(A) In general.--A requirement or standard imposed under
this title on a group health plan or individual health plan
offered by a health plan issuer shall be deemed to be a
requirement or standard imposed on the health plan issuer.
Such requirements or standards shall be enforced by the State
insurance commissioner for the State involved
[[Page 640]]
or the official or officials designated by the State to
enforce the requirements of this title. In the case of a
group health plan offered by a health plan issuer in
connection with an employee health benefit plan, the
requirements of standards imposed under the title shall be
enforced with respect to the health plan issuer by the State
insurance commissioner for the State involved or the official
of officials designated by the State to enforce the
requirements of this title.
(B) Limitation.--Except as provided in subsection (c), the
Secretary shall not enforce the requirements or standards of
this title as they relate to health plan issuers, group
health plans, or individual health plans. In no case shall a
Sate enforce the requirements or standards of this title as
they relate to employee health benefit plans.
(2) Preemption of state law.--Nothing in this title shall
be construed to prevent a State from establishing,
implementing, or continuing in effect standards and
requirements--
(A) not prescribed in this title; or
(B) related to the issuance, renewal, or portability of
health insurance or the establishment or operation of group
purchasing arrangements, that are consistent with, and are
not in direct conflict with, this title and provide greater
protection or benefit to participants, beneficiaries or
individuals.
(b) Rule of Construction.--Nothing in this title shall be
construed to affect or modify the provisions of section 514
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144).
(c) Continuation.--Nothing in this title shall be construed
as requiring a group health plan or an employee health
benefit plan to provide benefits to a particular participant
or beneficiary in excess of those provided under the terms of
such plan.
SEC. 202. ENFORCEMENT OF STANDARDS.
(a) Health Plan Issuers.--Each State shall require that
each group health plan and individual health plan issued,
sold, renewed, offered for sale or operated in such State by
a health plan issuer meet the standards established under
this title pursuant to an enforcement plan filed by the State
with the Secretary. A State shall submit such information as
required by the Secretary demonstrating effective
implementation of the State enforcement law.
(b) Employee Health Benefit Plans.--With respect to
employee health benefit plans, the Secretary shall enforce
the reform standards established under this title in the same
manner as provided for under sections 502, 504, 506, and 510
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties
contained in paragraphs (1) and (2) of section 502(c) of such
Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any
information required by the Secretary to be disclosed and
reported under this section.
(c) Failure to Implement Plan.--In the case of the failure
of a State to substantially enforce the standards and
requirements set forth in this title with respect to group
health plans and individual health plans as provided for
under the State enforcement plan filed under subsection (a),
the Secretary, in consultation with the Secretary of Health
and Human Services, shall implement an enforcement plan
meeting the standards of this title in such State. In the
case of a State that fails to substantially enforce the
standards and requirements set forth in this title, each
health plan issuer operating in such State shall be subject
to civil enforcement as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil
penalties contained in paragraphs (1) and (2) of section
502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall
apply to any information required by the Secretary to be
disclosed and reported under this section.
(d) Applicable Certifying Authority.--As used in this
title, the term ``applicable certifying authority''means,
with respect to--
(1) health plan issuers, the State insurance commissioner
or official or officials designated by the State to enforce
the requirements of this title for the State involved; and
(2) an employee health benefit, plan, the Secretary.
(e) Regulations.--The Secretary may promulgate such
regulations as may be necessary or appropriate to carry out
this title.
(f) Technical Amendment.--Section 508 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1138) is
amended by inserting ``and under the Health Insurance Reform
Act of 1996'' before the period.
Subtitle F--Miscellaneous Provisions
SEC. 191. HEALTH COVERAGE AVAILABILITY STUDY.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Secretary, representatives
of State officials, consumers, and other representatives of
individuals and entities that have expertise in health
insurance and employee benefits, shall conclude a two-part
study, and prepare and submit reports, in accordance with
this section.
(b) Evaluation of Availability.--Not later than January 1,
1998, the Secretary of Health and Human Services shall
prepare and submit to the appropriate committees of Congress
a report, concerning--
(1) an evaluation, based on the experience of States,
expert opinions, and such additional data as may be
available, of the various mechanisms used to ensure the
availability of reasonably priced health coverage to
employers purchasing group coverage and to individuals
purchasing coverage on a non-group basis; and
(2) whether standards that limit the variation in premiums
will further the purposes of this Act.
(c) Evaluation of Effectiveness.--Not later than January 1,
1999, the Secretary of Health and Human Services shall
prepare and submit to the appropriate committees of Congress
a report, concerning the effectiveness of the provisions of
this Act and the various State laws, in ensuring the
availability of reasonably priced health coverage to
employers purchasing group coverage and individuals
purchasing coverage on a nongroup basis.
SEC. 192. EFFECTIVE DATE.
Except as otherwise provided for in this title, the
provisions of this title shall apply as follows:
(1) With respect to group health plans and individual
health plans, such provisions shall apply to plans offered,
sold, issued, renewed, in effect, or operated on or after
January 1, 1997, and
(2) With respect to employee health benefit plans, on the
first day of the first plan year beginning on or after
January 1, 1997.
SEC. 193. SEVERABILITY.
If any provision of this title or the application of such
provision to any person or circumstance is held to be
unconstitutional, the remainder of this title and the
application of the provisions of such to any person or
circumstance shall not be affected thereby.
TITLE II--INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS
table of contents of title
TITLE II--INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS
Sec. 200. Amendment of 1986 Code.
Subtitle A--Increase in Deduction For Health Insurance Costs of Self-
Employed Individuals
Sec. 201. Increase in deduction for health insurance costs of self-
employed individuals.
Subtitle B--Revenue Offsets
Chapter 1--Treatment of Individuals Who Expatriate
Sec. 211. Revision of tax rules on expatriation.
Sec. 212. Information on individuals expatriating.
Chapter 2--Foreign Trust Tax Compliance
Sec. 221. Improved information reporting on foreign trusts.
Sec. 222. Modifications of rules relating to foreign trusts having one
or more United States beneficiary.
Sec. 223. Foreign persons not to be treated as owners under grantor
trust rules.
Sec. 224. Information reporting regarding foreign gifts.
Sec. 225. Modification of rules relating to foreign trusts which are
not grantor trusts.
Sec. 226. Residence of estates and trusts, etc.
Chapter 3--Repeal of Bad Debt Reserve Method for Thrift Savings
Associations
Sec. 231. Repeal of bad debt reserve method for thrift savings
associations.
SEC. 200. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Increase in Deduction For Health Insurance Costs of Self-
Employed Individuals
SEC. 201. INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) is amended
to read as follows:
``(1) Allowance of deduction.--
``(A) In general.--In the case of an individual who is an
employee within the meaning of section 401(c)(1), there shall
be allowed as a deduction under this section an amount equal
to the applicable percentage of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer, his spouse, and dependents.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be determined under the
following table:
The applicable percentage is--in calendar year--
50 percent.and before 2002.............................................
80 percent.''after.....................................................
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1996.
Subtitle B--Revenue Offsets
CHAPTER 1--TREATMENT OF INDIVIDUALS WHO EXPATRIATE
SEC. 211. REVISION OF TAX RULES ON EXPATRIATION.
(a) In General.--Subpart A of part II of subchapter N of
chapter 1 is amended by inserting after section 877 the
following new section:
``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.
``(a) General Rules.--For purposes of this subtitle--
``(1) Mark to market.--Except as provided in subsection
(f), all property of a covered expatriate to which this
section applies shall be treated as sold on the expatriation
date for its fair market value.
[[Page 641]]
``(2) Recognition of gain or loss.--In the case of any sale
under paragraph (1)--
``(A) notwithstanding any other provision of this title,
any gain arising from such sale shall be taken into account
for the taxable year of the sale unless such gain is excluded
from gross income under part III of subchapter B, and
``(B) any loss arising from such sale shall be taken into
account for the taxable year of the sale to the extent
otherwise provided by this title, except that section 1091
shall not apply (and section 1092 shall apply) to any such
loss.
``(3) Exclusion for certain gain.--The amount which would
(but for this paragraph) be includible in the gross income of
any individual by reason of this section shall be reduced
(but not below zero) by $600,000. For purposes of this
paragraph, allocable expatriation gain taken into account
under subsection (f)(2) shall be treated in the same manner
as an amount required to be includible in gross income.
``(4) Election to continue to be taxed as united states
citizen.--
``(A) In general.--If an expatriate elects the application
of this paragraph--
``(i) this section (other than this paragraph) shall not
apply to the expatriate, but
``(ii) the expatriate shall be subject to tax under this
title, with respect to property to which this section would
apply but for such election, in the same manner as if the
individual were a United States citizen.
``(B) Limitation on amount of estate, gift, and generation-
skipping transfer taxes.--The aggregate amount of taxes
imposed under subtitle B with respect to any transfer of
property by reason of an election under subparagraph (A)
shall not exceed the amount of income tax which would be due
if the property were sold for its fair market value
immediately before the time of the transfer or death (taking
into account the rules of paragraph (2)).
``(c) Requirements.--Subparagraph (A) shall not apply to an
individual unless the individual--
``(i) provides security for payment of tax in such form and
manner, and in such amount, as the Secretary may require,
``(ii) consents to the waiver of any right of the
individual under any treaty of the United States which would
preclude assessment or collection of any tax which may be
imposed by reason of this paragraph, and
``(iii) complies with such other requirements as the
Secretary may prescribe.
``(D) Election.--An election under subparagraph (A) shall
apply to all property to which this section would apply but
for the election and, once made, shall be irrevocable. Such
election shall also apply to property the basis of which is
determined in whole or in part by reference to the property
with respect to which the election was made.
``(b) Election to Defer Tax.--
``(1) In general.--If the taxpayer elects the application
of this subsection with respect to any property--
``(A) no amount shall be required to be included in gross
income under subsection (a)(1) with respect to the gain for
such property for the taxable year of the sale, but
``(B) the taxpayer's tax for the taxable year in which such
property is disposed of shall be increased by the deferred
tax amount with respect to the property.
Except to the extent provided in regulations, subparagraph
(B) shall apply to a disposition whether or not gain or loss
is recognized in whole or in part on the disposition.
``(2) Deferred tax amount.--
``(A) In general.--For purposes of paragraph (1), the term
`deferred tax amount' means, with respect to any property, an
amount equal to the sum of--
``(i) the difference between the amount of tax paid for the
taxable year described in paragraph (1)(A) and the amount
which would have been paid for such taxable year if the
election under paragraph (1) had not applied to such
property, plus
``(ii) an amount of interest on the amount described in
clause (i) determined for the period--
``(I) beginning on the 91st day after the expatriation
date, and
``(II) ending on the due date for the taxable year
described in paragraph (1)(B),
by using the rates and method applicable under section 6621
for underpayments of tax for such period.
For purposes of clause (ii), the due date is the date
prescribed by law (determined without regard to extension)
for filing the return of the tax imposed by this chapter for
the taxable year.
``(B) Allocation of losses.--For purposes of subparagraph
(A), any losses described in subsection (a)(2)(B) shall be
allocated ratably among the gains described in subsection
(a)(2)(A).
``(3) Security.--
``(A) In general.--No election may be made under paragraph
(1) with respect to any property unless adequate security is
provided with respect to such property.
``(B) Adequate security.--For purposes of subparagraph (A),
security with respect to any property shall be treated as
adequate security if--
``(i) it is a bond in an amount equal to the deferred tax
amount under paragraph (2)(A) for the property, or
``(ii) the taxpayer otherwise establishes to the
satisfaction of the Secretary that the security is adequate.
``(4) Waiver of certain rights.--No election may be made
under paragraph (1) unless the taxpayer consents to the
waiver of any right under any treaty of the United States
which would preclude assessment or collection of any tax
imposed by reason of this section.
``(5) Dispositions.--For purposes of this subsection, a
taxpayer making an election under this subsection with
respect to any property shall be treated as having disposed
of such property--
``(A) immediately before death if such property is held at
such time, and
``(B) at any time the security provided with respect to the
property fails to meet the requirements of paragraph (3) and
the taxpayer does not correct such failure within the time
specified by the Secretary.
``(6) Elections.--An election under paragraph (1) shall
only apply to property described in the election and, once
made, is irrevocable. An election may be under paragraph (1)
with respect to an interest in a trust with respect to which
gain is required to be recognized under subsection (f)(1).
``(c) Covered Expatriate.--For purposes of this section--
``(1) In general.--The term `covered expatriate' means an
expatriate--
``(A) whose average annual net income tax (as defined in
section 38(c)(1)) for the period of 5 taxable years ending
before the expatriation date is greater than $100,000, or
``(B) whose net worth as of such date is $500,000 or more.
If the expatriation date is after 1996, such $100,000 and
$500,000 amounts shall be increased by an amount equal to
such dollar amount multiplied by the cost-of-living
adjustment determined under section 1(f)(3) for such calendar
year by substituting `1995' for `1992' in subparagraph (B)
thereof. Any increase under the preceding sentence shall be
rounded to the nearest multiple of $1,000.
``(2) Exceptions.--An individual shall not be treated as a
covered expatriate if--
``(A) the individual--
``(i) became at birth a citizen of the United States and a
citizen of another country and, as of the expatriation date,
continues to be a citizen of, and is taxed as a resident of,
such other country, and
``(ii) has been a resident of the United Stats (as defined
in section 7701(b)(1)(A)(ii)) for not more than 8 taxable
years during the 15-taxable year period ending with the
taxable year during which the expatriation date occurs, or
``(B)(i) the individual's relinquishment of United States
citizenship occurs before such individual attains age 18\1/
2\, and
``(ii) the individual has been a resident of the United
States (as so defined) for not more than 5 taxable years
before the date of relinquishment.
``(d) Property to Which Section Applies.--For purposes of
this section--
``(1) In general.--Except as otherwise provided by the
Secretary, this section shall apply to--
``(A) any interest in property held by a covered expatriate
on the expatriation date the gain from which would be
included in the gross income of the expatriate if such
interest had been sold for its fair market value on such data
in a transaction in which gain is recognized in whole or in
part, and
``(B) any other interest in a trust to which subsection (f)
applies.
``(2) Exceptions.--This section shall not apply to the
following property:
``(A) United States real property interests.--Any United
States real property interest (as defined in section
897(c)(1)), other than stock of a United States real property
holding corporation which does not, on the expatriation date,
meet the requirements of section 897(c)(2).
``(B) Interest in certain retirement plans.--
``(i) In general.--Any interest in a qualified retirement
plan (as defined in section 4974(c)), other than any interest
attributable to contributions which are in excess of any
limitation or which violate any condition for tax-favored
treatment.
``(ii) Foreign pension plans.--
``(I) In general.--Under regulations prescribed by the
Secretary, interests in foreign pension plans or similar
retirement arrangements or programs.
``(II) Limitation.--The value of property which is treated
as not sold by reason of this subparagraph shall not exceed
$500,000.
``(e) Definitions.--For purposes of this section--
``(1) Expatriate.--The term `expatriate' means--
``(A) any United States citizen who relinquishes his
citizenship, or
``(B) any long-term resident of the United States who--
``(i) ceases to be a lawful permanent resident of the
United States (within the meaning of section 7701(b)(6)), or
``(ii) commences to be treated as a resident of a foreign
country under the provisions of a tax treaty between the
United States and the foreign country and who does not waive
the benefits of such treaty applicable to residents of the
foreign country.
``(2) Expatriation date.--The term `expatriation date'
means--
``(A) the date an individual relinquishes United States
citizenship, or
``(B) in the case of a long-term resident of the United
States, the date of the event described in clause (i) or (ii)
of paragraph (1)(B).
``(3) Relinquishment of citizenship.--A citizen shall be
treated as relinquishing his United States citizenship on the
earliest of--
``(A) the date the individual renounces his United States
nationality before a diplomatic or consular officer of the
United
[[Page 642]]
States pursuant to paragraph (5) of section 349(a) of the
Immigration and Nationality Act (8 U.S.C. 1481(a)(5)).
``(B) the date the individual furnishes to the United
States Department of State a signed statement of voluntary
relinquishment of United States nationality confirming the
performance of an act of expatriation specified in paragraph
(1), (2), (3), or (4) of section 349(a) of the Immigration
and Nationality Act (8 U.S.C. 1481(a)(1)-(4)).
``(C) the date the United States Department of State issues
to the individual a certificate of loss of nationality, or
``(D) the date a court of the United States cancels a
naturalized citizen's certificate of naturalization.
Subparagraph (A) or (B) shall not apply to any individual
unless the renunciation or voluntary relinquishment is
subsequently approved by the issuance to the individual of a
certificate of loss of nationality by the United States
Department of State.
``(4) Long-term resident.--
``(A) In general.--The term `long-term resident' means any
individual (other than a citizen of the United States) who is
a lawful permanent resident of the United States in at least
8 taxable years during the period of 15 taxable years ending
with the taxable year during which the expatriation date
occurs. For purposes of the preceding sentence, an individual
shall not be treated as a lawful permanent resident for any
taxable year if such individual is treated as a resident of a
foreign country for the taxable year under the provisions of
a tax treaty between the United States and the foreign
country and does not waive the benefits of such treaty
applicable to residents of the foreign country.
``(B) Special rule.--For purposes of subparagraph (A),
there shall not be taken into account--
``(i) any taxable year during which any prior sale is
treated under subsection (a)(1) as occurring, or
``(ii) any taxable year prior to the taxable year referred
to in clause (i).
``(f) Special Rules Applicable to Beneficiaries' Interests
in Trust.--
``(1) In general.--Except as provided in paragraph (2), if
an individual is determined under paragraph (3) to hold an
interest in a trust--
``(A) the individual shall not be treated as having sold
such interest,
``(B) such interest shall be treated as a separate share in
the trust, and
``(C)(i) such separate share shall be treated as a separate
trust consisting of the assets allocable to such share,
``(ii) the separate trust shall be treated as having sold
its assets immediately before the expatriation date for their
fair market value and as having distributed all of its assets
to the individual as of such time, and
``(iii) the individual shall be treated as having
recontributed the assets to the separate trust.
Subsection (a)(2) shall apply to any income, gain, or loss of
the individual arising from a distribution described in
subparagraph (C)(ii).
``(2) Special rules for interests in qualified trusts.--
``(A) In general.--If the trust interest described in
paragraph (1) is an interest in a qualified trust--
``(i) paragraph (1) and subsection (a) shall not apply, and
``(ii) in addition to any other tax imposed by this title,
there is hereby imposed on each distribution with respect to
such interest a tax in the amount determined under
subparagraph (B).
``(B) Amount of tax.--The amount of tax under subparagraph
(A)(ii) shall be equal to the lesser of--
``(i) the highest rate of tax imposed by section 1(e) for
the taxable year in which the expatriation date occurs,
multiplied by the amount of the distribution, or
``(ii) the balance in the deferred tax account immediately
before the distribution determined without regard to any
increases under subparagraph (C)(ii) after the 30th day
preceding the distribution.
``(C) Deferred tax account.--For purposes of subparagraph
(B)(ii)--
``(i) Opening balance.--The opening balance in a deferred
tax account with respect to any trust interest in an amount
equal to the tax which would have been imposed on the
allocable expatriation gain with respect to the trust
interest if such gain had been included in gross income under
subsection (a).
``(ii) Increase for interest.--The balance in the deferred
tax account shall be increased by the amount of interest
determined (on the balance in the account at the time the
interest accrues), for periods after the 90th day after the
expatriation date, by using the rates and method applicable
under section 6621 for underpayments of tax for such periods.
``(iii) Decrease for taxes previously paid.--The balance in
the tax deferred account shall be reduced--
``(I) by the amount of taxes imposed by subparagraph (A) on
any distribution to the person holding the trust interest,
and
``(II) in the case of a person holding a nonvested
interest, to the extent provided in regulations, by the
amount of taxes imposed by subparagraph (A) on distributions
from the trust with respect to nonvested interests not held
by such person.
``(D) Allocable expatriation gain.--For purposes of this
paragraph, the allocable expatriation gain with respect to
any beneficiary's interest in a trust in the amount of gain
which would be allocable to such beneficiary's vested and
nonvested interests in the trust if the beneficiary held
directly all assets allocable to such interests.
``(E) Tax deducted and withheld.--
``(i) In general.--The tax imposed by subparagraph (A)(ii)
shall be deducted and withheld by the trustees from the
distribution to which it relates.
``(ii) Exception where failure to waive treaty rights.--If
an amount may not be deducted and withheld under clause (i)
by reason of the distributee failing to waive any treaty
right with respect to such distribution--
``(I) the tax imposed by subparagraph (A)(ii) shall be
imposed on the trust and each trustee shall be personally
liable for the amount of such tax, and
``(II) any other beneficiary of the trust shall be entitled
to recover from the distributee the amount of such tax
imposed on the other beneficiary.
``(F) Disposition.--If a trust ceases to be a qualified
trust at any time, a covered expatriate disposes of an
interest in a qualified trust, or a covered expatriate
holding an interest in a qualified trust dies, then, in lieu
of the tax imposed by subparagraph (A)(ii), there is hereby
imposed a tax equal to the lesser of--
``(i) the tax determined under paragraph (1) as if the
expatriation date were the date of such cessation,
disposition, or death, whichever is applicable, or
``(ii) the balance in the tax deferred account immediately
before such date.
Such tax shall be imposed on the trust and each trustee shall
be personally liable for the amount of such tax and any other
beneficiary of the trust shall be entitled to recover from
the covered expatriate or the estate the amount of such tax
imposed on the other beneficiary.
``(G) Definitions and special rule.--For purposes of this
paragraph--
``(i) Qualified trust.--The term `qualified trust' means a
trust--
``(I) which is organized under, and governed by, the laws
of the United States or a State, and
``(II) with respect to which the trust instrument requires
that at least 1 trustee of the trust be an individual citizen
of the United States or a domestic corporation.
``(ii) Vested interest.--The term `vested interest' means
any interest which, as of the expatriation date, is vested in
the beneficiary.
``(iii) Nonvested interest.--The term `nonvested interest'
means, with respect to any beneficiary, any interest in a
trust which is not a vested interest. Such interest shall be
determined by assuming the maximum exercise of discretion in
favor of the beneficiary and the occurrence of all
contingencies in favor of the beneficiary.
``(iv) Adjustments.--The Secretary may provide for such
adjustments to the bases of assets in a trust or a deferred
tax account, and the timing of such adjustments, in order to
ensure that gain is taxed only once.
``(3) Determination of beneficiaries' interest in trust.--
``(A) Determinations under paragraph (1)--For purposes of
paragraph (1), a beneficiary's interest in a trust shall be
based upon all relevant facts and circumstances, including
the terms of the trust instrument and any letter of wishes or
similar document, historical patterns of trust distributions,
and the existence of and functions performed by a trust
protector or any similar advisor.
``(B) Other determinations.--For purposes of this section--
``(i) Constructive ownership.--If a beneficiary of a trust
is a corporation, partnership, trust, or estate, the
shareholders, partners, or beneficiaries shall be deemed to
be the trust beneficiaries for purposes of this section.
``(ii) Taxpayer return position.--A taxpayer shall clearly
indicate on its income tax return--
``(I) the methodology used to determine that taxpayer's
trust interest under this section, and
``(II) if the taxpayer knows (or has reason to know) that
any other beneficiary of such trust is using a different
methodology to determine such beneficiary's trust interest
under this section.
``(g) Termination of Deferrals, Etc.--On the date any
property held by an individual is treated as sold under
subsection (a), notwithstanding any other provision of this
title--
``(1) any period during which recognition of income or gain
is deferred shall terminate, and
``(2) any extension of time for payment of tax shall cease
to apply and the unpaid portion of such tax shall be due and
payable at the time and in the manner prescribed by the
Secretary.
``(h) Imposition of Tentative Tax.--
``(1) In general.--If an individual is required to include
any amount in gross income under subsection (a) for any
taxable year, there is hereby imposed, immediately before the
expatriation date, a tax in an amount equal to the amount of
tax which would be imposed if the taxable year were a short
taxable year ending on the expatriation date.
``(2) Due date.--The due date for any tax imposed by
paragraph (1) shall be the 90th day after the expatriation
date.
``(3) Treatment of tax.--Any tax paid under paragraph (1)
shall be treated as a payment of the tax imposed by this
chapter for the taxable year to which subsection (a) applies.
``(4) Deferral of tax.--The provisions of subsection (b)
shall apply to the tax imposed
[[Page 643]]
by this subsection to the extent attributable to gain
includible in gross income by reason of this section.
``(i) Coordination With Estate and Gift Taxes.--If
subsection (a) applies to property held by an individual for
any taxable year and--
``(1) such property is includible in the gross estate of
such individual solely by reason of section 2107, or
``(2) section 2501 applies to a transfer of such property
by such individual solely by reason of section 2501(a)(3).
then there shall be allowed as a credit against the
additional tax imposed by section 2101 or 2501, whichever is
applicable, solely by reason of section 2107 or 2501(a)(3) an
amount equal to the increase in the tax imposed by this
chapter for such taxable year by reason of this section.
``(j) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section, including regulations--
``(1) to prevent double taxation by ensuring that--
``(A) appropriate adjustments are made to basis to reflect
gain recognized by reason of subsection (a) and the exclusion
provided by subsection (a)(3), and
``(B) any gain by reason of a deemed sale under subsection
(a) of an interest in a corporation, partnership, trust, or
estate is reduced to reflect that portion of such gain which
is attributable to an interest in a trust which a
shareholder, partner, or beneficiary is treated as holding
directly under subsection (f)(3)(B)(i), and
``(2) which provide for the proper allocation of the
exclusion under subsection (a)(3) to property to which this
section applies.
``(k) Cross Reference.--
``For income tax treatment of individuals who terminate United States
citizenship, see section 7701(a)(47).''.
(b) Inclusion in Income of Gifts and Inheritances From
Covered Expatriates.--Section 102 (relating to gifts, etc.
not included in gross income) is amended by adding at the end
the following new subsection:
``(d) Gifts and Inheritances From Covered Expatriates.--
Subsection (a) shall not exclude from gross income the value
of any property acquired by gift, bequest, devise, or
inheritance from a covered expatriate after the expatristion
date. For purposes of this subsection, any term used in this
subsection which is also used in section 877A shall have the
same meaning as when used in section 877A.''.
(c) Definition of Termination of United States
Citizenship.--Section 7701(a) is amended by adding at the end
the following new paragraph:
``(47) Termination of united states citizenship.--An
individual shall not cease to be treated as a United States
citizen before the date on which the individual's citizenship
is treated as relinquished under section 877A(e)(3).''.
(d) Conforming Amendments.--
(1) Section 877 is amended by adding at the end the
following new subsection:
``(f) Application.--This section shall not apply to any
individual who relinquishes (within the meaning of section
877A(e)(3)) United States citizenship on or after February 6,
1995.''.
(2) Section 2107(c) is amended by adding at the end the
following new paragraph:
``(3) Cross reference.--For credit against the tax imposed
by subsection (a) for expatriation tax, see section
877A(i).''.
(3) Section 2501(a)(3) is amended by adding at the end the
following new flush sentence: ``For credit against the tax
imposed under this section by reason of this paragraph, see
section 877A(i).''.
(4) Paragraph (10) of section 7701(b) is amended by adding
at the end the following new sentence: ``This paragraph shall
not apply to any long-term resident of the United States who
is an expatriate (as defined in section 877A(e)(1)).''.
(e) Clerical Amendment.--The table of sections for subpart
A of part II of subchapter N of chapter 1 is amended by
inserting after the item relating to section 877 the
following new item:
``Sec. 877A. Tax responsibilities of expatriation.''.
(f) Effective Date.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to expatriates
(within the meaning of section 877A(e) of the Internal
Revenue Code of 1986, as added by this section) whose
expatriation date (as so defined) occurs on or after February
6, 1995.
(2) Gifts and bequests.--Section 102(d) of the Internal
Revenue Code of 1986 (as added by subsection (b)) shall apply
to amounts received from expatriates (as so defined) whose
expatriation date (as so defined) occurs on and after
February 6, 1995.
(3) Special rules relating to certain acts occurring before
february 6, 1995.--In the case of an individual who took an
act of expatriation specified in paragraph (1), (2), (3), or
(4) of section 349(a) of the Immigration and Nationality Act
(8 U.S.C. 1481(a) (1)-(4)) before February 6, 1995, but whose
expatriation date (as so defined) occurs after February 6,
1995--
(A) the amendment made by subsection (c) shall not apply,
(B) the amendment made by subsection (d)(1) shall not apply
for any period prior to the expatriation date, and
(C) the other amendments made by this section shall apply
as of the expatriation date.
(4) Due date for tentative tax.--The due date under section
877A(h)(2) of such Code shall in no event occur before the
90th day after the date of the enactment of this Act.
SEC. 212. INFORMATION ON INDIVIDUALS EXPATRIATING.
(a) In General.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6039E the
following new section:
``SEC. 6039F. INFORMATION ON INDIVIDUALS EXPATRIATING.
``(a) Requirement.--
``(1) In general.--Notwithstanding any other provision of
law, any expatriate (within the meaning of section
877A(e)(1)) shall provide a statement which includes the
information described in subsection (b).
``(2) Timing.--
``(A) Citizens.--In the case of an expatriate described in
section 877(e)(1)(A), such statement shall be--
``(i) provided not later than the expatriation date (within
the meaning of section 877A(e)(2)), and
``(ii) provided to the person or court referred to in
section 877A(e)(3).
``(B) Noncitizens.--In the case of an expatriate described
in section 877A(e)(1)(B), such statement shall be provided to
the Secretary with the return of tax imposed by chapter 1 for
the taxable year during which the event described in such
section occurs.
``(b) Information To Be Provided.--Information required
under subsection (a) shall include--
``(1) the taxpayer's TIN,
``(2) the mailing address of such individual's principal
foreign residence,
``(3) the foreign country in which such individual is
residing,
``(4) the foreign country of which such individual is a
citizen,
``(5) in the case of an individual having a net worth of at
lease the dollar amount applicable under section
877A(c)(1)(B), information detailing the assets and
liabilities of such individual, and
``(6) such other information as the Secretary may
prescribe.
``(c) Penalty.--Any individual failing to provide a
statement required under subsection (a) shall be subject to a
penalty for each year during any portion of which such
failure continues in an amount equal to the greater of--
``(1) 5 percent of the additional tax required to be paid
under section 877A for such year, or
``(2) $1,000, unless it is shown that such failure is due
to reasonable cause and not to willful neglect.
``(d) Information To Be Provided to Secretary.--
Notwithstanding any other provision of law--
``(1) any Federal agency or court which collects (or is
required to collect) the statement under subsection (a) shall
provide to the Secretary--
``(A) a copy of any such statement, and
``(B) the name (and any other identifying information) of
any individual refusing to comply with the provisions of
subsection (a),
``(2) the Secretary of State shall provide to the Secretary
a copy of each certificate as to the loss of American
nationality under section 358 of the Immigration and
Nationality Act which is approved by the Secretary of State,
and
``(3) the Federal agency primarily responsible for
administering the immigration laws shall provide to the
Secretary the name of each lawful permanent resident of the
United States (within the meaning of section 7701(b)(6))
whose status as such has been revoked or has been
administratively or judicially determined to have been
abandoned.
Notwithstanding any other provision of law, not later than 30
days after the close of each calendar quarter, the Secretary
shall publish in the Federal Register the name of each
individual relinquishing United States citizenship (within
the meaning of section 877A(e)(3)) with respect to whom the
Secretary receives information under the preceding sentence
during such quarter.
``(e) Exemption.--The Secretary may by regulations exempt
any class of individuals from the requirements of this
section if the Secretary determines that applying this
section to such individuals is not necessary to carry out the
purposes of this section.''.
(b) Clerical Amendment.--The table of sections for such
subpart A is amended by inserting after the item relating to
section 6039E the following new item:
``Sec. 6039F. Information on individuals expatriating.''.
(c) Effective Date.--The amendments made by this section
shall apply to individuals to whom section 877A of the
Internal Revenue Code of 1986 applies and whose expatriation
date (as defined in section 877A(e)(2)) occurs on or after
February 6, 1995, except that no statement shall be required
by such amendments before the 90th day after the date of the
enactment of this Act.
CHAPTER 2--FOREIGN TRUST TAX COMPLIANCE
SEC. 221. IMPROVED INFORMATION REPORTING ON FOREIGN TRUSTS.
(a) In General.--Section 6048 (relating to returns as to
certain foreign trusts) is amended to read as follows:
``SEC. 6048. INFORMATION WITH RESPECT TO CERTAIN FOREIGN
TRUSTS.
``(a) Notice of Certain Events.--
``(1) General rule.--On or before the 90th day (or such
later day as the Secretary may prescribe) after any
reportable event, the responsible party shall provide written
notice
[[Page 644]]
of such event to the Secretary in accordance with paragraph
(2).
``(2) Contents of notice.--The notice required by paragraph
(1) shall contain such information as the Secretary may
prescribe, including--
``(A) the amount of money or other property (if any)
transferred to the trust in connection with the reportable
event, and
``(B) the identify of the trust and of each trustee and
beneficiary or class of beneficiaries) of the trust.
``(3) Reportable event.--For purposes of this subsection--
``(A) In general.--The term `reportable event' means--
``(i) the creation of any foreign trust by a United States
person,
``(ii) the transfer of any money or property (directly or
indirectly) to a foreign trust by a United States person,
including a transfer by reason of death, and
``(iii) the death of a citizen or resident of the United
States if--
``(I) the decedent was treated as the owner of any portion
of a foreign trust under the rules of subpart E of part I of
subchapter J of chapter 1, or
``(II) any portion of a foreign trust was included in the
gross estate of the decedent.
``(B) Exceptions.--
``(i) Fair market value sales.--Subparagraph (A)(ii) shall
not apply to any transfer of property to a trust in exchange
for consideration of at least the fair market value of the
transferred property. For purposes of the preceding sentence,
consideration other than cash shall be taken into account at
its fair market value and the rules of section 679(a)(3)
shall apply.
``(ii) Deferred compensation and charitable trusts.--
Subparagraph (A) shall not apply with respect to a trust
which is--
``(I) described in section 402(b), 404(a)(4), or 404A, or
``(II) determined by the Secretary to be described in
section 501(c)(3).
``(4) Responsible party.--For purposes of this subsection,
the term `responsible party' means--
``(A) the grantor in the case of the creation of an inter
vivos trust.
``(B) the transferor in the case of a reportable event
described in paragraph (3)(A)(ii) other than a transfer by
reason of death, and
``(C) the executor of the decedent's estate in any other
case.
``(b) United States Grantor of Foreign Trust.--
``(1) In general.--If, at any time during any taxable year
of a United States person, such person is treated as the
owner of any portion of a foreign trust under the rules of
subpart E of part I of subchapter J of chapter 1, such person
shall be responsible to ensure that
``(A) such trust makes a return for such year which sets
forth a full and complete accounting of all trust activities
and operations for the year, the name of the United States
agent for such trust, and such other information as the
Secretary may prescribe, and
``(B) such trust furnishes such information as the
Secretary may prescribe to each United States person (i) who
is treated as the owner of any portion of such trust or (ii)
who receives (directly or indirectly) any distribution from
the trust.
``(2) Trusts not having united states agent.--
``(A) In general.--If the rules of this paragraph apply to
any foreign trust, the determination of amounts required to
be taken into account with respect to such trust by a United
States person under the rules of subpart E of part I of
subchapter J of chapter 1 shall be determined by the
Secretary.
``(B) United States agent required.--The rules of this
paragraph shall apply to any foreign trust to which paragraph
(1) applies unless such trust agrees (in such manner, subject
to such conditions, and at such time as the Secretary shall
prescribe) to authorize a United States person to act as such
trust's limited agent solely for purposes of applying
sections 7602, 7603, and 7604 with respect to--
``(i) any request by the Secretary to examine records or
produce testimony related to the proper treatment of amounts
required to be taken into account under the rules referred to
in subparagraph (A), or
``(ii) any summons by the Secretary for such records or
testimony.
The appearance of persons or production of records by reason
of a United States person being such an agent shall not
subject such persons or records to legal process for any
purpose other than determining the correct treatment under
this title of the amounts required to be taken into account
under the rules referred to in subparagraph (A). A foreign
trust which appoints an agent described in this subparagraph
shall not be considered to have an office or a permanent
establishment in the United States, or to be engaged in a
trade or business in the United States, solely because of the
activities of such agent pursuant to this subsection.
``(C) Other rules to apply.--Rules similar to the rules of
paragraphs (2) and (4) of section 6038A(e) shall apply for
purposes of this paragraph.
``(c) Reporting by United States Beneficiaries of Foreign
Trusts.--
``(1) In general.--If any United States person receives
(directly or indirectly) during any taxable year of such
person any distribution from a foreign trust, such person
shall make a return with respect to such trust for such year
which includes--
``(A) the name of such trust,
``(B) the aggregate amount of the distributions so received
from such trust during such taxable year, and
``(C) such other information as the Secretary may
prescribe.
``(2) Inclusion in income if records not provided.--
``(A) In general.--If applicable records are not provided
to the Secretary to determine the proper treatment of any
distribution from a foreign trust, such distribution shall be
treated as an accumulation distribution includable in the
gross income of the distributee under chapter 1. To the
extent provided in regulations, the preceeding sentence shall
not apply if the foreign trust elects to be subject to rules
similar to the rules of subsection (b)(2)(B).
``(B) Application of accumulation distribution rules.--For
purposes of applying section 668 in a case to which
subparagraph (A) applies, the applicable number of years for
purposes of section 668(a) shall be \1/2\ of the number of
years the trust has been in existence.
``(d) Special Rules.--
``(1) Determination of whether united states person
receives distribution.--For purposes of this section, in
determining whether a United States person receives a
distribution from a foreign trust, the fact that a portion of
such trust is treated as owned by another person under the
rules of subpart E of part I of subchapter J of chapter 1
shall be disregarded.
``(2) Domestic trusts with foreign activities.--To the
extent provided in regulations, a trust which is a United
States person shall be treated as a foreign trust for
purposes of this section and section 6677 if such trust has
substantial activities, or holds substantial property,
outside the United States.
``(3) Time and manner of filing information.--Any notice or
return required under this section shall be made at such time
and in such manner as the Secretary shall prescribe.
``(4) Modification of return requirements.--The Secretary
is authorized to suspend or modify any requirement of this
section if the Secretary determines that the United States
has no significant tax interest in obtaining the required
information.''.
(b) Increased Penalties.--Section 6677 (relating to failure
to file information returns with respect to certain foreign
trusts) is amended to read as follows:
``SEC. 6677. FAILURE TO FILE INFORMATION WITH RESPECT TO
CERTAIN FOREIGN TRUSTS.
``(a) Civil Penalty.--In addition to any criminal penalty
provided by law, if any notice or return required to be filed
by section 6048--
``(1) is not filed on or before the time provided in such
section, or
``(2) does not include all the information required
pursuant to such section or includes incorrect information.
the person required to file such notice or return shall pay a
penalty equal to 35 percent of the gross reportable amount.
If any failure described in the preceding sentence continues
for more than 90 days after the day on which the Secretary
mails notice of such failure to the person required to pay
such penalty, such person shall pay a penalty (in addition to
the amount determined under the preceding sentence) of
$10,000 for each 30-day period (or fraction thereof) during
which such failure continues after the expiration of such 90-
day period. In no event shall the penalty under this
subsection with respect to any failure exceed the gross
reportable amount.
``(b) Special Rules for Returns Under Section 6048(b).--In
the case of a return required under section 6048(b)--
``(1) the United States person referred to in such section
shall be liable for the penalty imposed by subsection (a),
and
``(2) subsection (a) shall be applied by substituting `5
percent' for `35 percent'.
``(c) Gross Reportable Amount.--For purposes of subsection
(a), the term `gross reportable amount' means--
``(1) the gross value of the property involved in the event
(determined as of the date of the event) in the case of a
failure relating to section 6048(a),
``(2) the gross value of the portion of the trust's assets
at the close of the year treated as owned by the United
States person in the case of a failure relating to section
6048(b)(1), and
``(3) the gross amount of the distributions in the case of
a failure relating to section 6048(c).
``(d) Reasonable Cause Exception.--No penalty shall be
imposed by this section on any failure which is shown to be
due to reasonable cause and not due to willful neglect. The
fact that a foreign jurisdiction would impose a civil or
criminal penalty on the taxpayer (or any other person) for
disclosing the required information is not reasonable cause.
``(e) Deficiency Procedures Not To Apply.--Subchapter B of
chapter 63 (relating to deficiency procedures for income,
estate, gift, and certain excise taxes) shall not apply in
respect of the assessment or collection of any penalty
imposed by subsection (a).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 6724(d), as amended by
sections 11004 and 11045, is amended by striking ``or'' at
the end of subparagraph (U), by striking the period at the
end of subparagraph (V) and inserting ``,or'', and by
inserting after subparagraph (V) the following new
subparagraph:
``(W) section 6048(b)(1)(B) (relating to foreign trust
reporting requirements).''.
(2) The table of sections for subpart B of part III of
subchapter A of chapter 61 is
[[Page 645]]
amended by striking the item relating to section 6048 and
inserting the following new item:
``Sec. 604 Information with respect to certain foreign trusts.''.
(3) The table of sections for part I of subchapter B of
chapter 68 is amended by striking the item relating to
section 6677 and inserting the following new item:
``Sec. 6677. Failure to file information with respect to certain
foreign trusts''
(d) Effective Dates.--
(1) Reportable events.--To the extent related to subsection
(a) of section 6048 of the Internal Revenue Code of 1986, as
amended by this section, the amendments made by this section
shall apply to reportable events (as defined in such section
6048) occurring after the date of the enactment of this Act.
(2) Grantor trust reporting.--To the extent related to
subsection (b) of such section 6048, the amendments made by
this section shall apply to taxable years of United States
persons beginning after the date of the enactment of this
Act.
(3) Reporting by united states beneficiaries.--To the
extent related to subsection (c) of such section 6048, the
amendments made by this section shall apply to distributions
received after the date of the enactment of this Act.
SEC. 222. MODIFICATIONS OF RULES RELATING TO FOREIGN TRUSTS
HAVING ONE OR MORE UNITED STATES BENEFICIARIES.
(a) Treatment of Trust Obligations, Etc.--
(1) Paragraph (2) of section 679(a) is amended by striking
subparagraph (B) and inserting the following:
``(B) Transfers at fair market value.--To any transfer of
property to a trust in exchange for consideration of at least
the fair market value of the transferred property. For
purposes of the preceding sentence, consideration other than
cash shall be taken into account at its fair market value.''.
(2) Subsection (a) of section 679 (relating to foreign
trusts having one or more United States beneficiaries) is
amended by adding at the end the following new paragraph:
``(3) Certain obligations not taken into account under fair
market value exceptions.--
``(A) In general.--In determining whether paragraph (2)(B)
applies to any transfer by a person described in clause (ii)
or (iii) of subparagraph (C), there shall not be taken into
account--
``(i) except as provided in regulations, any obligation of
a person described in subparagraph (C), and
``(ii) to the extent provided in regulations, any
obligation which is guaranteed by a person described in
subparagraph (C).
``(B) Treatment of principal payments on obligation.--
Principal payments by the trust on any obligation referred to
in subparagraph (A) shall be taken into account on and after
the date of the payment in determining the portion of the
trust attributable to the property transferred.
``(C) Persons described.--The persons described in this
subparagraph are--
``(i) the trust,
``(ii) any grantor or beneficiary of the trust, and
``(iii) any person who is related (within the meaning of
section 643(i)(2)(B)) to any grantor or beneficiary of the
trust.''.
(b) Exemption of Transfers to Charitable Trusts.--
Subsection (a) of section 679 is amended by striking
``section 404(a)(4) or 404A'' and inserting ``section
6048(a)*(3)(B)(ii)''.
(c) Other Modifications.--Subsection (a) of section 679 is
amended by adding at the end the following new paragraphs:
``(4) Special rules applicable to foreign grantor who later
becomes a united states person.--
``(A) In general.--If a nonresident alien individual has a
residency starting date within 5 years after directly or
indirectly transferring property to a foreign trust, this
section and section 6048 shall be applied as if such
individual transferred to such trust on the residency
starting date an amount equal to the portion of such trust
attributable to the property transferred by such individual
to such trust in such transfer.
``(B) Treatment of undistributed income.--For purposes of
this section, undistributed net income for periods before
such individual's residency starting date shall be taken into
account in determining the portion of the trust which is
attributable to property transferred by such individual to
such trust but shall not otherwise be taken into account.
``(C) Residency starting date.--For purposes of this
paragraph, an individual's residency starting date is the
residency starting date determined under section
7701(b)(2)(A).
``(5) Outbound trust migrations.--If--
``(A) an individual who is a citizen or resident of the
United States transferred property to a trust which was not a
foreign trust, and
``(B) such trust becomes a foreign trust while such
individual is alive,
then this section and section 6048 shall be applied as if
such individual transferred to such trust on the date such
trust becomes a foreign trust an amount equal to the portion
of such trust attributable to the property previously
transferred by such individual to such trust. A rule similar
to the rule of paragraph (4)(B) shall apply for purposes of
this paragraph.''.
(d) Modification Relating to Whether Trust Has United
States Beneficiaries.--Subsection (c) of section 679 is
amended by adding at the end the following new paragraph:
``(3) Certain united states beneficiaries disregarded.--A
beneficiary shall not be treated as a United States person in
applying this section with respect to any transfer of
property to foreign trust if such beneficiary first became a
United States person more than 5 years after the date of such
transfer.''.
(e) Technical Amendment.--Subparagraph (A) of section
679(c)(2) is amended to read as follows:
``(A) in the case of a foreign corporation, such
corporation is a controlled foreign corporation (as defined
in section 957(a)),''.
(f) Regulations.--Section 679 is amended by adding at the
end the following new subsection:
``(d) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(g) Effective Date.--The amendments made by this section
shall apply to transfers of property after February 6, 1995.
SEC. 233. FOREIGN PERSONS NOT TO BE TREATED AS OWNERS UNDER
GRANTOR TRUST RULES.
(a) General Rule.--
(1) Subsection (f) of section 672 (relating to special rule
where grantor is foreign person) is amended to read as
follows:
``(f) Subpart Not To Result in Foreign Ownership.--
``(1) In general.--Notwithstanding any other provision of
this subpart, this subpart shall apply only to the extent
such application results in an amount being currently taken
into account (directly or through 1 or more entities) under
this chapter in computing the income of a citizen or resident
of the United States or a domestic corporation.
``(2) Exceptions.--
``(A) Certain revocable and irrevocable trusts.--Paragraph
(1) shall not apply to any trust if--
``(i) the power to revest absolutely in the grantor title
to the trust property is exercisable solely by the grantor
without the approval or consent of any other person or with
the consent of a related or subordinate party who is
subservient to the grantor, or
``(ii) the only amounts distributable from such trust
(whether income or corpus) during the lifetime of the grantor
are amounts distributable to the grantor or the spouse of the
grantor.
``(B) Compensatory trusts.--Except as provided in
regulations, paragraph (1) shall not apply to any portion of
a trust distributions from which are taxable as compensation
for services rendered.
``(3) Special rules.--Except as otherwise provided in
regulations prescribed by the Secretary--
``(A) a controlled foreign corporation (as defined in
section 957) shall be treated as a domestic corporation for
purposes of paragraph (1), and
``(B) paragraph (1) shall not apply for purposes of
applying section 1296.
``(4) Recharacterization of purported gifts.--In the case
of any transfer directly or indirectly from a partnership or
foreign corporation which the transferee treats as a gift or
bequest, the Secretary may recharacterize such transfer in
such circumstances as the Secretary determines to be
appropriate to prevent the avoidance of the purposes of this
subsection.
``(5) Special rule where grantor is foreign person.--If--
``(A) but for this subsection, a foreign person would be
treated as the owner of any portion of a trust, and
``(B) such trust has a beneficiary who is a United States
person,
such beneficiary shall be treated as the grantor of such
portion to the extent such beneficiary has made transfers of
property by gift (directly or indirectly) to such foreign
person. For purposes of the preceding sentence, any gift
shall not be taken into account to the extent such gift would
be excluded from taxable gifts under section 2503(b).
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this subsection, including regulations
providing that paragraph (1) shall not apply in appropriate
cases.''.
(2) The last sentence of subsection (c) of section 672 of
such Code is amended by inserting ``subsection (f) and''
before ``sections 674''.
(b) Credit for Certain Taxes.--Paragraph (2) of section
665(d) is amended by adding at the end the following new
sentence: ``Under rules or regulations prescribed by the
Secretary, in the case of any foreign trust of which the
settlor or another person would be treated as owner of any
portion of the trust under subpart E but for section 672(f),
the term `taxes imposed on the trust' includes the allocable
amount of any income, war profits, and excess profits taxes
imposed by any foreign country or possession of the United
States on the settlor or such other person in respect of
trust gross income.''.
(c) Distribution by Certain Foreign Trusts Through
Nominees.--
(1) Section 643 is amended by adding at the end the
following new subsection:
``(h) Distribution by Certain Foreign Trusts Through
Nominees.--For purposes of this part, any amount paid to a
United States person which is derived directly or indirectly
from a foreign trust of which the payor is not the grantor
shall be deemed in the year of payment to have been directly
[[Page 646]]
paid by the foreign trust to such United States person.''.
(2) Section 665 is amended by striking subsection (c).
(d) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall take effort on the date
of the enactment of this Act.
(2) Exception for certain trusts.--The amendments made by
this section shall not apply to any trust--
(A) which is treated as owned by the grantor or another
person under section 676 or 677 (other than subsection (a)(3)
thereof) of the Internal Revenue Code of 1986, and
(B) which is in existence on September 19, 1995.
The preceding sentence shall not apply to the portion of any
such trust attributable to any transfer to such trust after
September 19, 1995.
(e) Transitional Rule.--If--
(1) by reason of the amendments made by this section, any
person other than a United States person ceases to be treated
as the owner of a portion of a domestic trust, and
(2) before January 1, 1997, such trust becomes a foreign
trust, or the assets of such trust are transferred to a
foreign trust,
no tax shall be imposed by section 1491 of the Internal
Revenue Code of 1986 by reason of such trust becoming a
foreign trust or the assets of such trust being transferred
to a foreign trust.
SEC. 224. INFORMATION REPORTING REGARDING FOREIGN GIFTS.
(a) In General.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6039F the
following new section:
``SEC. 6039G. NOTICE OF GIFTS RECEIVED FROM FOREIGN PERSONS.
``(a) In General.--If the value of the aggregate foreign
gifts received by a United States person (other than an
organization described in section 501(c) and exempt from tax
under section 501(a)) during any taxable year exceeds
$10,000, such United States person shall furnish (at such
time and in such manner as the Secretary shall prescribe)
such information as the Secretary may prescribe regarding
each foreign gift received during such year.
``(b) Foreign Gift.--For purposes of this section, the term
`foreign gift' means any amount received from a person other
than a United States person which the recipient treats as a
gift or bequest. Such term shall not include any qualified
transfer (within the meaning of section 2503(e)(2)).
``(c) Penalty for Failure To File Information.--
``(1) In general.--If a United States person fails to
furnish the information required by subsection (a) with
respect to any foreign gift within the time prescribed
therefor (including extensions)--
``(A) the tax consequences of the receipt of such gift
shall be determined by the Secretary in the Secretary's sole
discretion from the Secretary's own knowledge or from such
information as the Secretary may obtain through testimony or
otherwise, and
``(B) such United States person shall pay (upon notice and
demand by the Secretary and in the same manner as tax) an
amount equal to 5 percent of the amount of such foreign gift
for each month for which the failure continues (not to exceed
25 percent of such amount in the aggregate).
``(2) Reasonable cause exception.--Paragraph (1) shall not
apply to any failure to report a foreign gift if the United
States person shows that the failure is due to reasonable
cause and not due to willful neglect.
``(d) Cost-of-Living Adjustment.--In the case of any
taxable year beginning after December 31, 1996, the $10,000
amount under subsection (a) shall be increased by an amount
equal to the product of such amount and the cost-of-living
adjustment for such taxable year under section 1(f)(3),
except that subparagraph (B) thereof shall be applied by
substituting `1995' for `1992'.
``(e) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
``(b) Clerical Amendment.--The table of sections for such
subpart is amended by inserting after the item relating to
section 6039F the following new item:
``Sec. 6039G. Notice of large gifts received from foreign persons.''.
``(c) Effective Date.--The amendments made by this section
shall apply to amounts received after the date of the
enactment of this Act in taxable years ending after such
date.
SEC. 225. MODIFICATION OF RULES RELATING TO FOREIGN TRUSTS
WHICH ARE NOT GRANTOR TRUSTS.
``(a) Modification of Interest Charge on Accumulation
Distributions.--Subsection (a) of section 668 (relating to
interest charge on accumulation distributions from foreign
trusts) is amended to read as follows:
``(a) General Rule.--For purposes of the tax determined
under section 667(a)--
``(1) Interest determined using underpayment rates.--The
interest charge determined under this section with respect to
any distribution is the amount of interest which would be
determined on the partial tax computed under section 667(b)
for the period described in paragraph (2) using the rates and
the method under section 6621 applicable to underpayments of
tax.
``(2) Period.--For purposes of paragraph (1), the period
described in this paragraph is the period which begins on the
date which is the applicable number of years before the date
of the distribution and which ends on the date of the
distribution.
``(3) Applicable number of years.--For purposes of
paragraph (2)--
``(A) In general.--The applicable number of years with
respect to a distribution is the number determined by
dividing--
``(i) the sum of the products described in subparagraph (B)
with respect to each undistributed income year, by
``(ii) the aggregate undistributed net income.
The quotient determined under the preceding sentence shall be
rounded under procedures prescribed by the Secretary.
``(B) Product described.--For purposes of subparagraph (A),
the product described in this subparagraph with respect to
any undistributed income year is the product of--
``(i) the undistributed net income for such year, and
``(ii) the sum of the number of taxable years between such
year and the taxable year of the distribution (counting in
each case the undistributed income year but not counting the
taxable year of the distribution).
``(4) Undistributed income year.--For purposes of this
subsection, the term `undistributed income year' means any
prior taxable year of the trust for which there is
undistributed net income, other than a taxable year during
all of which the beneficiary receiving the distribution was
not a citizen or resident of the United States.
``(5) Determination of undistributed net income.--
Notwithstanding section 666, for purposes of this subsection,
an accumulation distribution from the trust shall be treated
as reducing proportionately the undistributed net income for
undistributed income years.
``(6) Periods before 1996.--Interest for the portion of the
period described in paragraph (2) which occurs before January
1, 1996, shall be determined--
``(A) by using an interest rate of 6 percent, and
``(B) without compounding until January 1, 1996.''.
(b) Abusive Transactions.--Section 643(a) is amended by
inserting after paragraph (6) the following new paragraph:
``(7) Abusive transactions.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry
out the purposes of this part, including regulations to
prevent avoidance of such purposes.''.
(c) Treatment of Loans From Trusts.--
(1) In general.--Section 643 (relating to definitions
applicable to subparts A, B, C, and D) is amended by adding
at the end the following new subsection:
``(i) Loans From Foreign Trusts.--For purposes of subparts
B, C, and D--
``(1) General rule.--Except as provided in regulations, if
a foreign trust makes a loan of cash or marketable securities
directly or indirectly to--
``(A) any grantor or beneficiary of such trust who is a
United States person, or
``(B) any United States person not described in
subparagraph (A) who is related to such grantor or
beneficiary,
the amount of such loan shall be treated as a distribution by
such trust to such grantor or beneficiary (as the case may
be).
``(2) Definitions and special rules.--For purposes of this
subsection--
``(A) Cash.--The term `cash' includes foreign currencies
and cash equivalents.
``(B) Related person.--
``(i) In general.--A person is related to another person if
the relationship between such persons would result in a
disallowance of losses under section 267 or 707(b). In
applying section 267 for purposes of the preceding sentence,
section 267(c)(4) shall be applied as if the family of an
individual includes the spouses of the members of the family.
``(ii) Allocation.--If any person described in paragraph
(1)(B) is related to more than one person, the grantor or
beneficiary to whom the treatment under this subsection
applies shall be determined under regulations prescribed by
the Secretary.
``(C) Exclusion of tax-exempts.--The term `United States
person' does not include any entity exempt from tax under
this chapter.
``(D) Trust not treated as simple trust.--Any trust which
is treated under this subsection as making a distribution
shall be treated as not described in section 651.
``(3) Subsequent transactions regarding loan principal.--If
any loan is taken into account under paragraph (1), any
subsequent transaction between the trust and the original
borrower regarding the principal of the loan (by way of
complete or partial repayment, satisfaction, cancellation,
discharge, or otherwise) shall be disregarded for purposes of
this title.''
(2) Technical amendment.--Paragraph (8) of section 7872(f)
is amended by inserting ``, 643(i).'' before ``or 1274'' each
place it appears.
(d) Effective Dates.--
(1) Interest charge.--The amendment made by subsection (a)
shall apply to distributions after the date of the enactment
of this Act.
(2) Abusive transactions.--The amendment made by subsection
(b) shall take effect on the date of the enactment of this
Act.
(3) Loans from trusts.--The amendment made by subsection
(c) shall apply to loans of cash or marketable securities
after September 19, 1995.
SEC. 226. RESIDENCE OF ESTATES AND TRUSTS, ETC.
(a) Treatment as United States Person.--
[[Page 647]]
(1) In general.--Paragraph (30) of section 7701(a) is
amended by striking subparagraph (D) and by inserting after
subparagraph (C) the following:
``(D) any estate or trust if--
``(i) a court within the United States is able to exercise
primary supervision over the administration of the estate or
trust, and
``(ii) in the case of a trust, one or more United States
fiduciaries have the authority to control all substantial
decisions of the trust.''.
(2) Conforming amendment.--Paragraph (31) of section
7701(a) is amended to read as follows:
``(31) Foreign estate or trust.--The term `foreign estate'
or `foreign trust' means any estate or trust other than an
estate or trust described in section 7701(a)(30)(D).''.
(3) Effective date.--The amendments made by this subsection
shall apply--
(A) to taxable years beginning after December 31, 1996, or
(B) at the election of the trustee of a trust, to taxable
years ending after the date of the enactment of this Act.
Such an election, once made, shall be irrevocable.
(b) Dometic Trusts Which Become Foreign Trusts.--
(1) In general.--Section 1491 (relating to imposition of
tax on transfers to avoid income tax) is amended by adding at
the end the following new flush sentence:
``If a trust which is not a foreign trust becomes a foreign
trust, such trust shall be treated for purposes of this
section as having transferred, immediately before becoming a
foreign trust, all of its assets to a foreign trust.''.
(2) Penalty.--Section 1494 is amended by adding at the end
the following new subsection:
``(c) Penalty.--In the case of any failure to file a return
required by the Secretary with respect to any transfer
described in section 1491 with respect to a trust, the person
required to file such return shall be liable for the
penalties provided in section 6677 in the same manner as if
such failure were a failure to file a return under section
6048(a).''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
CHAPTER 3--REPEAL OF BAD DEBT RESERVE METHOD FOR THRIFT SAVINGS
ASSOCIATIONS
SEC. 231. REPEAL OF BAD DEBT RESERVE METHOD FOR THRIFT
SAVINGS ASSOCIATIONS.
(a) In General.--Section 593 (relating to reserves for
losses on loans) is amended by adding at the end the
following new subsections:
``(f) Termination of Reserve Method.--Subsections (a), (b),
(c), and (d) shall not apply to any taxable year beginning
after December 31, 1995.
``(g) 6-Year Spread of Adjustments.--
``(1) In general.--In the case of any taxpayer who is
required by reason of subsection (f) to change its method of
computing reserves for bad debts--
``(A) such change shall be treated as a change in a method
of accounting,
``(B) such change shall be treated as initiated by the
taxpayer and as having been made with the consent of the
Secretary, and
``(C) the net amount of the adjustments required to be
taken into account by the taxpayer under section 481(a)--
``(i) shall be determined by taking into account only
applicable excess reserves, and
``(ii) as so determined, shall be taken into account
ratably over the 6-taxable year period beginning with the
first taxable year beginning after December 31, 1995.
``(2) Applicable excess reserves.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable excess reserves' means the excess (if any) of--
``(i) the balance of the reserves described in subsection
(c)(1) (other than the supplemental reserve) as of the close
of the taxpayer's last taxable year beginning before December
31, 1995, over
``(ii) the lesser of--
``(I) the balance of such reserves as of the close of the
taxpayer's last taxable year beginning before January 1,
1988, or
``(II) the balance of the reserves described in subclause
(I), reduced in the same manner as under section
585(b)(2)(B)(ii) on the basis of the taxable years described
in clause (i) and this clause.
``(B) Special rule for thrifts which become small banks.--
In the case of a bank (as defined in section 581) which was
not a large bank (as defined in section 585(c)(2)) for its
first taxable year beginning after December 31, 1995--
``(i) the balance taken into account under subparagraph
(A)(ii) shall not be less than the amount which would be the
balance of such reserves as of the close of its last taxable
year beginning before such date if the additions to such
reserves for all taxable years had been determined under
section 585(b)(2)(A), and
``(ii) the opening balance of the reserve for bad debts as
of the beginning of such first taxable year shall be the
balance taken into account under subparagraph (A)(ii)
(determined after the application of clause (i) of this
subparagraph).
The preceding sentence shall not apply for purposes of
paragraphs (5) and (6) or subsection (e)(1).
``(3) Recapture of pre-1988 reserves where taxpayer ceases
to be bank.--If, during any taxable year beginning after
December 31, 1995, a taxpayer to which paragraph (1) applied
is not a bank (as defined in section 581), paragraph (1)
shall apply to the reserves described in paragraph (2)(A)(ii)
and the supplemental reserve: except that such reserves shall
be taken into account ratably over the 6-taxable year period
beginning with such taxable year.
``(4) Suspension of recapture if residential loan
requirement met.--
``(A) In general.-- In the case of a bank which meets the
residential loan requirement of subparagraph (B) for the
first taxable year beginning after December 31, 1995, or for
the following taxable year--
``(i) no adjustment shall be taken into account under
paragraph (1) for such taxable year, and
``(ii) such taxable year shall be disregarded in
determining--
``(I) whether any other taxable year is a taxable year for
which an adjustment is required to be taken into account
under paragraph (1), and
``(II) the amount of such adjustment.
``(B) Residential loan requirement.--A taxpayer meets the
residential loan requirement of this subparagraph for any
taxable year if the principal amount of the residential loans
made by the taxpayer during such year is not less than the
base amount for such year.
``(C) Residential loan.--For purposes of this paragraph,
the term `residential loan' means any loan described in
clause (v) of section 7701(a)(19)(C) but only if such loan is
incurred in acquiring, constructing, or improving the
property described in such clause.
``(D) Base amount.--For purposes of subparagraph (B), the
base amount is the average of the principal amounts of the
residential loans made by the taxpayer during the 6 most
recent taxable years beginning on or before December 31,
1995. At the election of the taxpayer who made such loans
during each of such 6 taxable years, the preceding sentence
shall be applied without regard to the taxable year in which
such principal amount was the highest and the taxable year in
such principal amount was the lowest. Such an election may be
made only for the first taxable year beginning after such
date, and, if made for such taxable year, shall apply to the
succeeding taxable year unless revoked with the consent of
the Secretary.
``(E) Controlled groups.--In the case of a taxpayer which
is a member of any controlled group of corporations described
in section 1563(a)(1), subparagraph (B) shall be applied with
respect to such group.
``(5) Continued application of fresh start under section
585 transitional rules.--In the case of a taxpayer to which
paragraph (1) applied and which was not a large bank (as
defined in section 585(c)(2)) for its first taxable year
beginning after December 31, 1995.
``(A) In general.--For purposes of determining the net
amount of adjustments referred to in section
585(c)(3)(A)(iii), there shall be taken into account only the
excess (if any) of the reserve for bad debts as of the close
of the last taxable year before the disqualification year
over the balance taken into account by such taxpayer under
paragraph (2)(A)(ii) of this subsection.
``(B) Treatment under elective cutoff method.--For purposes
of applying section 585(c)(4)--
``(i) the balance of the reserve taken into account under
subparagraph (B) thereof shall be reduced by the balance
taken into account by such taxpayer under paragraph
(2)(A)(ii) of this subsection, and
``(ii) no amount shall be includable in gross income by
reason of such reduction.
``(6) Suspended reserve included as section 381(c) items.--
The balance taken into account by a taxpayer under paragraph
(2)(A)(ii) of this subsection and the supplemental reserve
shall be treated as items described in section 381(c).
``(7) Conversions to credit unions.--In the case of a
taxpayer to which paragraph (1) applied which becomes a
credit union described in section 501(c) and exempt from
taxation under section 501(a)--
``(A) any amount required to be included in the gross
income of the credit union by reason of this subsection shall
be treated as derived from an unrelated trade or business (as
defined in section 513), and
``(B) for purposes of paragraph (3), the credit union shall
not be treated as if it were a bank.
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subsection
and subsection (e), including regulations providing for the
application of such subsections in the case of acquisitions,
mergers, spinoffs, and other reorganizations.''
(b) Conforming Amendments.--
(1) Subsection (d) of section 50 is amended by adding at
the end the following new sentence:
``Paragraphs (1)(A), (2)(A), and (4) of the section 46(e)
referred to in paragraph (1) of this subsection shall not
apply to any taxable year beginning after December 31,
1995.''
(2) Subsection (e) of section 52 is amended by striking
paragraph (1) and by redesignating paragraph (2) and (3) as
paragraphs (1) and (2), respectively.
(3) Subsection (a) of section 57 is amended by striking
paragraph (4).
(4) Section 246 is amended by striking subsection (f).
(5) Clause (i) of section 291(e)(1)(B) is amended by
striking ``or to which section 593 applies''.
(6) Subparagraph (A) of section 585(a)(2) is amended by
striking ``other than an organization to which section 593
applies''.
[[Page 648]]
(7)(A) The material preceding subparagraph (A) of section
593(e)(1) is amended by striking ``by a domestic building and
loan association or an institution that is treated as a
mutual savings bank under section 591(b)'' and inserting ``by
a taxpayer having a balance described in subsection
(g)(2)(A)(ii)''.
(B) Subparagraph (B) of section 593(e)(1) is amended to
read as follows:
(B) then out of the balance taken into account under
subsection (g)(2)(A)(ii) (properly adjusted for amounts
charged against such reserves for taxable years beginning
after December 31, 1987).''.
(C) Paragraph (1) of section 593(e) is amended by adding at
the end the following new sentence: ``This paragraph shall
not apply to any distribution of all of the stock of a bank
(as defined in section 581 to another corporation if,
immediately after the distribution, such bank and such other
corporation are members of the same affiliated group (as
defined in section 1504) and the provisions of section 5(e)
of the Federal Deposit Insurance Act (as in effect on
December 31, 1995) or similar provisions are in effect.''.
(8) Section 595 is hereby repealed.
(9) Section 596 is hereby repealed.
(10) Subsection (a) of section 860E is amended--
(A) by striking ``Except as provided in paragraph (2),
the'' in paragraph (1) and inserting ``The''.
(B) by striking paragraphs (2) and (4) and redesignating
paragraphs (3) and (5) as paragraphs (2) and (3),
respectively, and
(C) by striking in paragraph (2) (as so redesignated) all
that follows ``subsection'' and inserting a period.
(11) Paragraph (3) of section 992(d) is amended by striking
``or 593''.
(12) Section 1038 is amended by striking subsection (f).
(13) Clause (ii) of section 1042(c)(4)(B) is amended by
striking ``or 593''.
(14) Subsection (c) of section 1277 is amended by striking
``or to which section 593 applies''.
(15) Subparagraph (B) of section 1361(b)(2) is amended by
striking ``or to which section 593 applies''.
(16) The table of sections for part II of subchapter H of
chapter 1 is amended by striking the items relating to
sections 595 and 596.
(c) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning after December 31, 1995.
(2) Subsection (b)(7).--The amendments made by subsection
(b)(7) shall not apply to any distribution with respect to
preferred stock if--
(A) such stock is outstanding at all times after October
31, 1995, and before the distribution, and
(B) such distribution is made before the date which is 1
year after the date of the enactment of this Act (or, in the
case of stock which may be redeemed, if later, the date which
is 30 days after the earliest date that such stock may be
redeemed).
(3) Subsection (b)(8).--The amendment made by subsection
(b)(8) shall apply to property acquired in taxable years
beginning after December 31, 1995.
(4) Subsection (b)(10).--The amendments made by subsection
(b)(10) shall not apply to any residual interest held by a
taxpayer if such interest has been held by such taxpayer at
all times after October 31, 1995.
After further debate,
Pursuant to House Resolution 392, the previous question on the
amendment in the nature of a substitute and the bill, as amended, were
considered as ordered.
The question being put, viva voce,
Will the House agree to said amendment in the nature of a substitute?
The SPEAKER pro tempore, Mr. COMBEST, announced that the nays had it.
Mr. BENTSEN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
192
When there appeared
<3-line {>
Nays
226
para.37.23 [Roll No. 104]
YEAS--192
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Duncan
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roberts
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NAYS--226
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Waldholtz
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Bryant (TX)
Coleman
Collins (IL)
Dooley
Eshoo
Fields (LA)
Fowler
McNulty
Neal
Ros-Lehtinen
Smith (TX)
Smith (WA)
Stokes
Weldon (PA)
So the amendment in the nature of a substitute was not agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. PALLONE moved to recommit the bill to the Committee on Ways and
Means with instructions to report the bill back to the House forthwith
with the following amendment:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Reform Act
of 1996''.
TITLE I--HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY
TABLE OF CONTENTS OF TITLE
Sec. 100. Definitions.
Subtitle A--Group Market Rules
Sec. 101. Guaranteed availability of health coverage.
Sec. 102. Guaranteed renewability of health coverage.
[[Page 649]]
Sec. 103. Portability of health coverage and limitation on preexisting
condition exclusions.
Sec. 104. Special enrollment periods.
Sec. 105. Disclosure of information.
Subtitle B--Individual Market Rules
Sec. 110. Individual health plan portability.
Sec. 111. Guaranteed renewability of individual health coverage.
Sec. 112. State flexibility in individual market reforms.
Sec. 113. Definition.
Subtitle C--COBRA Clarifications
Sec. 121. Cobra clarification.
Subtitle D--Private Health Plan Purchasing Cooperatives
Sec. 131. Private health plan purchasing cooperatives.
Subtitle E--Application and Enforcement of Standards
Sec. 141. Applicability.
Sec. 142. Enforcement of standards.
Subtitle F--Miscellaneous Provisions
Sec. 191. Health coverage availability study.
Sec. 192. Effective date.
Sec. 193. Severability.
SEC. 100. DEFINITIONS.
As used in this title:
(1) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(2) Employee.--The term ``employee'' has the meaning given
such term under section 3(6) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(6)).
(3) Employer.--The term ``employer'' has the meaning given
such term under section 3(5) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(5)), except that
such term shall include only employers of two or more
employees.
(4) Employee health benefit plan.--
(A) In general.--The term ``employee health benefit plan''
means any employee welfare benefit plan, governmental plan,
or church plan (as defined under paragraphs (1), (32), and
(33) of section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that
provides or pays for health benefits (such as provider and
hospital benefits) for participants and beneficiaries
whether--
(i) directly;
(ii) through a group health plan offered by a health plan
issuer as defined in paragraph (8); or
(iii) otherwise.
(B) Rule of construction.--An employee health benefit plan
shall not be construed to be a group health plan, an
individual health plan, or a health plan issuer.
(C) Arrangements not included.--Such term does not include
the following, or any combination thereof:
(i) Coverage only for accident, or disability income
insurance, or any combination thereof.
(ii) Medicare supplemental health insurance (as defined
under section 1882(g)(1) of the Social Security Act).
(iii) Coverage issued as a supplement to liability
insurance.
(iv) Liability insurance, including general liability
insurance and automobile liability insurance.
(v) Workers compensation or similar insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or illness.
(viii) Hospital or fixed indemnity insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-only insurance.
(xi) A health insurance policy providing benefits only for
long-term care, nursing home care, home health care,
community-based care, or any combination thereof.
(5) Family.--
(A) In general.--The term ``family'' means an individual,
the individual's spouse, and the child of the individual (if
any).
(B) Child.--For purposes of subparagraph (A), the term
``child'' means any individual who is a child within the
meaning of section 151(c)(3) of the Internal Revenue Code of
1986.
(6) Group health plan.--
(A) In general.--The term ``group health plan'' means any
contract, policy, certificate or other arrangement offered by
a health plan issuer to a group purchaser that provides or
pays for health benefits (such as provider and hospital
benefits) in connection with an employee health benefit plan.
(B) Arrangements not included.--Such term does not include
the following, or any combination thereof;
(i) Coverage only for accident, or disability income
insurance, or any combination thereof.
(ii) Medicare supplemental health insurance (as defined
under section 1882(g)(1) of the Social Security Act).
(iii) Coverage issued as a supplement to liability
insurance.
(iv) Liability insurance, including general liability
insurance and automobile liability insurance.
(v) Workers compensation or similar insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or illness.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-only insurance.
(xi) A health insurance policy providing benefits only for
long-term care, nursing home care, home health care,
community-based care, or any combination thereof.
(7) Group purchaser.--The term ``group purchaser'' means
any person (as defined under paragraph (9) of section 3 of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(9)) or entity that purchases or pays for health
benefits (such as provider or hospital benefits) on behalf of
two or more participants or beneficiaries in connection with
an employee health benefit plan. A health plan purchasing
cooperative established under section 131 shall not be
considered to be a group purchaser.
(8) Health plan issuer.--The term ``health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this Act) by a State to offer a group health
plan or an individual health plan.
(9) Health status.--The term ``health status'' includes.
with respect to an individual, medical condition, claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability.
(10) Participant.--The term ``participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
(11) Plan sponsor.--The term ``plan sponsor'' has the
meaning given such term under section 3(16)(B) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(16)(B)).
(12) Secretary.--The term ``Secretary'', unless
specifically provided otherwise, means the Secretary of
Labor.
(13) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Subtitle A--Group Market Rules
SECTION 101. GUARANTEED AVAILABILITY OF HEALTH COVERAGE.
(a) In General.--
(1) Nondiscrimination.--Except as provided in subsection
(b), section 102 and section 103--
(A) a health plan issuer offering a group health plan may
not decline to offer whole group coverage to a group
purchaser desiring to purchase such coverage; and
(B) an employee health benefit plan or a health plan issuer
offering a group health plan may establish eligibility,
continuation of eligibility, enrollment, or premium;
contribution requirements under the terms of such plan,
except that such requirements shall not be based on health
status (as defined in section 100(9)).
(2) Health promotion and disease prevention.--Nothing in
this subsection shall prevent an employee health benefit plan
or a health plan issuer from establishing premium; discounts
or modifying otherwise applicable copayments or deductibles
in return for adherence to programs of health promotion and
disease prevention.
(b) Application of Capacity Limits.--
(1) In general.--Subject to paragraph (2), a health plan
issuer offering a group health plan may cease offering
coverage to group purchasers under the plan if--
(A) the health plan issuer ceases to offer coverage to any
additional group purchasers; and
(B) the health plan issuer can demonstrate to the
applicable certifying authority (as defined in section
142(d)), if required, that its financial or provider capacity
to serve previously covered participants and beneficiaries
(and additional participants and beneficiaries who will be
expected to enroll because of their affiliation with a group
purchaser or such previously covered participants or
beneficiaries) will be impaired if the health plan issuer is
required to offer coverage to additional group purchasers.
Such health plan issuer shall be prohibited from offering
coverage after a cessation in offering coverage under this
paragraph for a 6-month period or until the health plan
issuer can demonstrate to the applicable certifying authority
(as defined in section 142(d)) that the health plan issuer
has adequate capacity, whichever is later.
(2) First-come-first-served.--A health plan issuer offering
a group health plan is only eligible to exercise the
limitations provided for in paragraph (1) if the health plan
issuer offers coverage to group purchasers under such plan on
a first-come-first-served basis or other basis established by
a State to ensure a fair opportunity to enroll in the plan
and avoid risk selection.
(c) Construction.--
(1) Marketing of group health plans.--Nothing in this
section shall be construed to prevent a State from requiring
health plan issuers offering group health plans to actively
market such plans.
(2) Involuntary offering of group health plans.--Nothing is
this section shall be construed to require a health plan
issuer to involuntarily offer group health plans in a
particular market. For the purposes of this paragraph, the
term ``market'' means either the large employer market or the
small employer market (as defined under applicable State law,
or if not so defined, an employer with not more than 50
employees).
SEC. 102. GUARANTEED RENEWABILITY OF HEALTH COVERAGE.
(a) In General.--
(1) Group purchaser.--Subject to subsections (b) and (c), a
group health plan shall
[[Page 650]]
be renewed or continued in force by a health plan issuer at
the option of the group purchaser, except that the
requirement of this subparagraph shall not apply in the case
of--
(A) the nonpayment of premiums or contributions by the
group purchaser in accordance with the terms of the group
health plan or where the health plan issuer has not received
timely premium payments;
(B) fraud or misrepresentation of material fact on the part
of the group purchaser;
(C) the termination of the group health plan in accordance
with subsection (b); or
(D) the failure of the group purchaser to meet contribution
or participation requirements in accordance with paragraph
(3).
(2) Participant.--Subject to subsections (b) and (c),
coverage under an employee health benefit plan or group
health plan shall be renewed or continued in force, if the
group purchaser elects to continue to provide coverage under
such plan, at the option of the participant (or beneficiary
where such right exists under the terms of the plan or under
applicable law), except that the requirement of this
paragraph shall not apply in the case of--
(A) the nonpayment of premiums or contributions by the
participant or beneficiary in accordance with the terms of
the employee health benefit plan or group health plan or
where such plan has not received timely premium payments.
(B) fraud or misrepresentation of material fact on the part
of the participant or beneficiary relating to an application
for coverage or claim for benefits;
(C) the termination of the employee health benefit plan or
group health plan;
(D) loss of eligibility for continuation coverage as
described in part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1161 et
seq.); or
(E) failure of a participant or beneficiary to meet
requirements for eligibility for coverage under an employee
health benefit plan or group health plan that are not
prohibited by this title.
(3) Rules of construction.--Nothing in this subsection, nor
in section 101(a), shall be construed to--
(A) preclude a health plan issuer from establishing
employer contribution rules or group participation rules for
group health plans as allowed under applicable State law;
(B) preclude a plan defined in section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1102(37)) from establishing employer contribution rules or
group participation rules; or
(C) permit individuals to decline coverage under an
employee health benefit plan if such right is not otherwise
available under such plan.
(b) Termination of Group Health Plans.--
(1) Particular type of group health plan not offered.--In
any case in which a health plan issuer decides to discontinue
offering a particular type of group health plan. A group
health plan of such type may be discontinued by the health
plan issuer only if--
(A) the health plan issuer provides notice to each group
purchaser covered under a group health plan of this type (and
participants and beneficiaries covered under such group
health plan) of such discontinuation at least 90 days prior
to the date of the discontinuation of such plan;
(B) the health plan issuer offers to each group purchaser
covered under a group health plan of this type, the option to
purchase any other group health plan currently being offered
by the health plan issuer; and
(C) in exercising the option to discontinue a group health
plan of this type and in offering one or more replacement
plans, the health plan issuer acts uniformly without regard
to the health status of participants or beneficiaries covered
under the group health plan, or new participants or
beneficiaries who may become eligible for coverage under the
group health plan.
(2) Discontinuance of all group health plans.--
(A) In general.--In any case in which a health plan issuer
elects to discontinue offering all group health plans in a
State, a group health plan may be discontinued by the health
plan issuer only if--
(i) the health plan issuer provides notice to the
applicable certifying authority (as defined in section
142(d)) and to each group purchaser (and participants and
beneficiaries covered under such group health plan) of such
discontinuation at least 180 days prior to the date of the
expiration of such plan, and
(ii) all group health plans issued or delivered for
issuance in the State or discontinued and coverage under such
plans is not renewed.
(B) Application of provisions.--The provisions of this
paragraph and paragraph (3) may be applied separately by a
health plan issuer--
(i) to all group health plans offered to small employers
(as defined under applicable State law, or if not so defined,
an employer with not more than 50 employees); or
(ii) to all other group health plans offered by the health
plan issuer in the State.
(3) Prohibition on market reentry.--In the case of a
discontinuation under paragraph (2), the health plan issuer
may not provide for the issuance of any group health plan in
the market sector (as described in paragraph (2)(B)) in which
issuance of such group health plan was discontinued in the
State involved during the 5-year period beginning on the date
of the discontinuation of the last group health plan not so
renewed.
(c) Treatment of Network Plans.--
(1) Geographic limitations.--A network plan (as defined in
paragraph (2)) may deny continued participation under such
plan to participants or beneficiaries who neither live,
reside, nor work in an area in which such network plan is
offered, but only if such denial is applied uniformly,
without regard to health status of particular participants or
beneficiaries.
(2) Network plan.--As used in paragraph (1), the term
``network plan'' means an employee health benefit plan or a
group health plan that arranges for the financing and
delivery of health care services to participants or
beneficiaries covered under such plan, in whole or in part,
through arrangements with providers.
(d) COBRA Coverage.--Nothing in subsection (a)(2)(E) or
subsection (c) shall be construed to affect any right to
COBRA continuation coverage as described in part 6 of
subtitle B of title I of the employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.).
SEC. 103. PORTABILITY OF HEALTH COVERAGE AND LIMITATION ON
PREEXISTING CONDITION EXCLUSIONS.
(a) In General.--An employee health benefit plan or a
health plan issuer offering a group health plan may impose a
limitation or exclusion of benefits relating to treatment of
a preexisting condition based on the fact that the condition
existed prior to the coverage of the participant or
beneficiary under the plan only if--
(1) the limitation or exclusion extends for a period of not
more than 12 months after the date of enrollment in the plan;
(2) the limitation or exclusion does not apply to an
individual who, within 30 days of the date of birth or
placement for adoption (as determined under section
609(c)(3)(B) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1169(c)(3)(B)), was covered under the
plan; and
(3) the limitation or exclusion does not apply to a
pregnancy.
(b) Crediting of Previous Qualifying Coverage.--
(1) In general.--Subject to paragraph (4), an employee
health benefit plan or a health plan issuer offering a group
health plan shall provide that if a participant or
beneficiary is in a period of previous qualifying coverage as
of the date of enrollment under such plan, any period of
exclusion or limitation of coverage with respect to a
preexisting condition shall be reduced by 1 month for each
month in which the participant or beneficiary was in the
period of previous qualifying coverage. With respect to an
individual described in subsection (a)(2) who maintains
continuous coverage, no limitation or exclusion of benefits
relating to treatment of a preexisting condition may be
applied to a child within the child's first 12 months of life
or within 12 months after the placement of a child for
adoption.
(2) Discharge of duty.--An employee health benefit plan
shall provide documentation of coverage to participants and
beneficiaries who coverage is terminated under the plan.
Pursuant to regulations promulgated by the Secretary, the
duty of an employee health benefit plan to verify previous
qualifying coverage with respect to a participant or
beneficiary is effectively discharged when such employee
health benefit plan provides documentation to a participant
or beneficiary that includes the following information:
(A) the dates that the participant or beneficiary was
covered under the plan; and
(B) the benefits and cost-sharing arrangement available to
the participant or beneficiary under such plan.
An employee health benefit plan shall retain the
documentation provided to a participant or beneficiary under
subparagraphs (A) and (B) for at least the 12-month period
following the date on which the participant or beneficiary
ceases to be covered under the plan. Upon request, an
employee health benefit plan shall provide a second copy of
such documentation or such participant or beneficiary within
the 12-month period following the date of such ineligibility.
(3) Definitions.--As used in this section:
(A) Previous qualifying coverage.--The term ``previous
qualifying coverage'' means the period beginning on the
date--
(i) a participant or beneficiary is enrolled under an
employee health benefit plan or a group health plan, and
ending on the date the participant or beneficiary is not so
enrolled; or
(ii) an individual is enrolled under an individual health
plan (as defined in section 113) or under a public or private
health plan established under Federal or State law, and
ending on the date the individual is not so enrolled;
for a continuous period of more than 30 days (without regard
to any waiting period).
(B) Limitation or exclusion of benefits relating to
treatment of a preexisting condition.--The term ``limitation
or exclusion of benefits relating to treatment of a
preexisting condition'' means a limitation or exclusion of
benefits imposed on an individual based on a preexisting
condition of such individual.
(4) Effect of previous coverage.--An employee health
benefit plan or a health plan issuer offering a group health
plan may impose a limitation or exclusion of benefits
relating to the treatment of a preexisting condition, subject
to the limits in subsection (a)(1), only to the extent that
such service or benefit was not previously covered under the
group health plan, employee health benefit plan, or
individual health plan in which the participant or
beneficiary was enrolled im
[[Page 651]]
mediately prior to enrollment in the plan involved.
(c) Late Enrollees.--Except as provided in section 104,
with respect to a participant or beneficiary enrolling in an
employee health benefit plan or group health plan during a
time that is other than the first opportunity to enroll
during an enrollment period of at least 30 days, coverage
with respect to benefits or services relating to the
treatment of a preexisting condition in accordance with
subsection (a) and (b) may be excluded except the period of
such exclusion may not exceed 18 months beginning on the date
of coverage under the plan.
(d) Affiliation Periods.--With respect to a participant or
beneficiary who would otherwise be eligible to receive
benefits under an employee health benefit plan or a group
health plan but for the operation of a preexisting condition
limitation or exclusion, if such plan does not utilize a
limitation or exclusion of benefits relating to the treatment
of a preexisting condition, such plan may impose an
affiliation period on such participant or beneficiary not to
exceed 60 days (or in the case of a late participant or
beneficiary described in subsection (c), 90 days) from the
date on which the participant or beneficiary would otherwise
be eligible to receive benefits under the plan. An employee
health benefit plan or a health plan issuer offering a group
health plan may also use alternative methods to address
adverse section as approved by the applicable certifying
authority (as defined in section 142(d)). During such an
affiliation period, the plan may not be required to provide
health care services or benefits and no premium shall be
charged to the participant or beneficiary.
(e) Preexisting Conditions.--For purposes of this section,
the term ``preexisting condition'' means a condition,
regardless of the cause of the condition, for which medical
advice, diagnosis, care, or treatment was recommended or
received within the 6-month period ending on the day before
the effective date of the coverage (without regard to any
waiting period).
(f) State Flexibility.--Nothing in this section shall be
construed to preempt State laws that--
(1) require health plan issuers to impose a limitation or
exclusion of benefits relating to the treatment of a
preexisting condition for periods that are shorter than those
provided for under this section; or
(2) allow individuals, participants, and beneficiaries to
be considered to be in a period of previous qualifying
coverage if such individual, participant, or beneficiary
experiences a lapse in coverage that is greater than the 30-
day period provided for under subsection (b)(3);
unless such laws are preempted by section 514 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144).
SEC. 104. SPECIAL ENROLLMENT PERIODS.
In the case of a participant, beneficiary or family member
who--
(1) through marriage, separation, divorce, death, birth or
placement of a child for adoption, experiences a change in
family composition affecting eligibility under a group health
plan, individual health plan, or employee health benefit
plan;
(2) experiences a change in employment status, as described
in section 603(2) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1163(2)), that causes the loss of
eligibility for coverage, other than COBRA continuation
coverage under a group health plan, individual health plan,
or employee health benefit plan; or
(3) experiences a loss of eligibility under a group health
plan, individual health plan, or employee health benefit plan
because of a change in the employment status of a family
member;
each employee health benefit plan and each group health plan
shall provide for a special enrollment period extending for a
reasonable time after such event that would permit the
participant to change the individual or family basis of
coverage or to enroll in the plan if coverage would have been
available to such individual, participant, or beneficiary but
for failure to enroll during a previous enrollment period.
Such a special enrollment period shall ensure that a child
born or placed for adoption shall be deemed to be covered
under the plan as of the date of such birth or placement for
adoption if such child is enrolled within 30 days of the date
of such birth or placement for adoption.
SEC. 105. DISCLOSURE OF INFORMATION.
(a) Disclosure of Information by Health Plan Issuer.--
(1) In general.--In connection with the offering of any
group health plan to a small employer (as defined under
applicable State law, or if not so defined, an employer with
not more than 50 employees), a health plan issuer shall make
a reasonable disclosure to such employer, as part of its
solicitation and sales materials, of--
(A) the provisions of such group health plan concerning the
health plan issuer's right to change premium rates and the
factors that may affect changes in premium rates.
(B) the provisions of such group health plan relating to
renewability of coverage;
(C) the provisions of such group health plan relating to
any preexisting condition provision; and
(D) descriptive information about the benefits and premiums
available under all group health plans for which the employer
is qualified.
Information shall be provided to small employers under this
paragraph in a manner determined to be understandable by the
average small employer, and shall be sufficiently accurate
and comprehensive to reasonably inform small employers,
participants and beneficiaries of their rights and
obligations under the group health plan.
(2) Exception.--With respect to the requirement of
paragraph (1), any information that is proprietary and trade
secret information under applicable law shall not be subject
to the disclosure requirements of such paragraph.
(3) Construction.--Nothing in this subsection shall be
construed to preempt State reporting and disclosure
requirements to the extent that such requirements are not
preempted under section 514 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144).
(b) Disclosure of Information to Participants and
Beneficiaries.--
(1) In general.--Section 104(b)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1))
is amended in the matter following subparagraph (B)--
(A) by striking ``102(a)(1),'' and inserting ``102(a)(1)
that is not a material reduction in covered services or
benefits provided,''; and
(B) by adding at the end thereof the following new
sentences: ``If there is a modification or change described
in section 102(a)(1) that is a material reduction in covered
services or benefits provided, a summary description of such
modification or change shall be furnished to participants not
later than 60 days after the date of the adoption of the
modification or change. In the alternative, the plan sponsors
may provide such description at regular intervals of not more
than 90 days. The Secretary shall issue regulations within
180 days after the date of enactment of the Health Insurance
Reform Act of 1996, providing alternative mechanisms to
delivery by mail through which employee health benefit plans
may notify participants of material reductions in covered
services or benefits.''.
(2) Plan description and summary.--Section 102(b) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1022(b)) is amended--
(A) by inserting ``including the office or title of the
individual who is responsible for approving or denying claims
for coverage of benefits'' after ``type of administration of
the plan'';
(B) by inserting ``including the name of the organization
responsible for financing claims'' after ``source of
financing of the plan''; and
(C) by inserting ``including the office, contact, or title
of the individual at the Department of Labor through which
participants may seek assistance or information regarding
their rights under this Act and title I of the Health
Insurance Reform Act of 1996 with respect to health benefits
that are not offered through a group health plan.'' after
``benefits under the plan''.
Subtitle B--Individual Market Rules
SEC. 110. INDIVIDUAL HEALTH PLAN PORTABILITY.
(a) Limitation on Requirements.--
(1) In general.--Except as provided in subsections (b) and
(c), a health plan issuer described in paragraph (3) may not,
with respect to an eligible individual (as defined in
subsection (b)) desiring to enroll in an individual health
plan--
(A) decline to offer coverage to such individual, or deny
enrollment to such individual based on the health status of
the individual; or
(B) impose a limitation or exclusion of benefits otherwise
covered under the plan for the individual based on a
preexisting condition unless such limitation or exclusion
could have been imposed if the individual remained covered
under a group health plan or employee health benefit plan
(including providing credit for previous coverage in the
manner provided under subtitle A).
(2) Health promotion and disease prevention.--Nothing in
this subsection shall be construed to prevent a health plan
issuer offering an individual health plan from establishing
premium discounts or modifying otherwise applicable
copayments or deductibles in return for adherence to programs
of health promotion or disease prevention.
(3) Health plan issuer.--A health plan issuer described in
this paragraph in a health plan issuer that issues or renews
individual health plans.
(4) Premiums.--Nothing in this subsection shall be
construed to affect the determination of a health plan issuer
as to the amount of the premium payable under an individual
health plan under applicable State law.
(b) Definition of Eligible Individual.--As used in
subsection (a)(1), the term ``eligible individual'' means an
individual who--
(1) was a participant or beneficiary enrolled under one or
more group health plans, employee health benefit plans, or
public plans established under Federal or State law, for not
less than 18 months (without a lapse in coverage of more than
30 consecutive days) immediately prior to the date on which
the individual desired to enroll in the individual health
plan.
(2) is not eligible for coverage under a group health plan
or an employee health benefit plan;
(3) has not had coverage terminated under a group health
plan or employee health benefit plan for failure to make
required premium payments or contributions, or for fraud or
misrepresentation of material fact; and
(4) has, if applicable, accepted and exhausted the maximum
required period of continuous coverage as described in
section
[[Page 652]]
602(2)(A) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1162(2)(A)) or under an equivalent State
program.
(c) Applicable of Capacity Limit.--
(1) In general.--Subject to paragraph (2), a health plan
issuer offering coverage to individuals under an individual
health plan may cease enrolling individuals under the plan
if--
(A) the health plan issuer ceases to enroll any new
individuals; and
(B) the health plan issuer can demonstrate to the
applicable certifying authority (as defined in section
142(d)), if required, that its financial or provider capacity
to serve previously covered individuals will be impaired if
the health plan issuer is required to enroll additional
individuals.
Such a health plan issuer shall be prohibited from offering
coverage after a cessation in offering coverage under this
paragraph for a 6-month period or until the health plan
issuer can demonstrate to the applicable certifying authority
(as defined in section 142(d)) that the health plan issuer
has adequate capacity, whichever is later.
(2) First-come-first-served.--A health plan issuer offering
coverage to individuals under an individual health plan is
only eligible to exercise the limitations provided for in
paragraph (1) if the health plan issuer provides for
enrollment of individuals under such plan on a first-come-
first-served basis or other basis established by a State to
ensure a fair opportunity to enroll in the plan and avoid
risk selection.
(d) Market Requirement.--
(1) In general.--The provisions of subsection (a) shall not
be construed to require that a health plan issuer offering
group health plans to group purchasers offer individual
health plans to individuals.
(2) Conversion policies.--A health plan issuer offering
group health plans to group purchasers under this title shall
not be deemed to be a health plan issuer offering an
individual health plan solely because such health plan issuer
offers a conversion policy.
(3) Marketing of plans.--Nothing in this section shall be
construed to prevent a State from requiring health plan
issuers offering coverage to individuals under an individual
health plan to actively market such plan.
SEC. 111. GUARANTEED RENEWABILITY OF INDIVIDUAL HEALTH
COVERAGE.
(a) In General.--Subject to subsections (b) and (c),
coverage for individuals under an individual health plan
shall be renewed or continued in force by a health plan
issuer at the option of the individual, except that the
requirement of this subsection shall not apply in the case
of--
(1) the nonpayment of premiums or contributions by the
individual in accordance with the terms of the individual
health plan or where the health plan issuer has not received
timely premium payments;
(2) fraud or misrepresentation of material fact on the part
of the individual; or
(3) the termination of the individual health plan in
accordance with subsection (b).
(b) Termination of Individual Health Plans.--
(1) Particular type of individual health plan not
offered.--In any case in which a health plan issuer decides
to discontinue offering a particular type of individual
health plan to individuals, an individual health plan may be
discontinued by the health plan issuer only if--
(A) the health plan issuer provides notice to each
individual covered under the plan of such discontinuation at
least 90 days prior to the date of the expiration of the
plan.
(B) the health plan issuer offers to each individual
covered under the plan the option to purchase any other
individual health plan currently being offered by the health
plan issuer to individuals; and
(C) in exercising the option to discontinue the individual
health plan and in offering one or more replacement plans,
the health plan issuer acts uniformly without regard to the
health status of particular individuals.
(21) Discontinuance of all individual health plans.--In any
case in which a health plan issuer elects to discontinue all
individual health plans in a State, an individual health plan
may be discontinued by the health plan issuer only if--
(A) the health plan issuer provides notice to the
applicable certifying authority (as defined in section
142(d)) and to each individual covered under the plan of such
discontinuation at least 180 days prior to the date of the
discontinuation of the plan; and
(B) all individual health plans issued or delivered for
issuance in the State are discontinued and coverage under
such plans is not renewed.
(3) Prohibition on market reentry.--In the case of a
discontinuation under paragraph (2), the health plan issuer
may not provide for the issuance of any individual health
plan in the State involved during the 5-year period beginning
on the date of the discontinuation of the last plan not so
renewed.
(c) Treatment of Network Plans.--
(1) Geographic limitations.--A health plan issuer which
offers a network plan (as defined in paragraph (2)) may deny
continued participation under the plan to individuals who
neither live, reside, nor work in an area in which the
individual health plan is offered, but only if such denial is
applied uniformly, without regard to health status of
particular individuals.
(2) Network play.--As used in paragraph (1), the term
``network plan'' means an individual health plan that
arranges for the financing and delivery of health care
services to individuals covered under such health plan, in
whole or in part, through arrangements with providers.
SEC. 112. STATE FLEXIBILITY IN INDIVIDUAL MARKET REFORMS.
(a) In General.--With respect to any State law with respect
to which the Governor of the State notifies the Secretary of
Health and Human Services that such State law will achieve
the goals of sections 110 and 111, and that is in effect on,
or enacted after, the date of enactment of this Act (such as
laws providing for guaranteed issue, open enrollment by one
or more health plan issuers, high-risk pools, or mandatory
conversion policies), such State law shall apply in lieu of
the standards described in sections 110 and 111 unless the
Secretary of Health and Human Services determines, after
considering the criteria described in subsection (b)(1), in
consultation with the Governor and Insurance Commissioner or
chief insurance regulatory official of the State, that such
State law does not achieve the goals of providing access to
affordable health care coverage for those individuals
described in sections 110 and 111.
(b) Determination.--
(1) In general.--In making a determination under subsection
(a), the Secretary of Health and Human Services shall only--
(A) evaluate whether the State law or program provides
guaranteed access to affordable coverage to individuals
described in sections 110 and 111;
(B) evaluate whether the State law or program provides
coverage for preexisting conditions (as defined in section
103(e)) that were covered under the individuals' previous
group health plan or employee health benefit plan for
individuals described in sections 110 and 111.
(C) evaluate whether the State law or program provides
individuals described in sections 110 and 111 with a choice
of health plans or a health plan providing comprehensive
coverage, and
(D) evaluate whether the application of the standards
described in sections 110 and 111 will have an adverse impact
on the number of individuals in such State having access to
affordable coverage.
(2) Notice of intent.--If, within 6 months after the date
of enactment of this Act, the Governor of a State notifies
the Secretary of Health and Human Services that the State
intends to enact a law, or modify an existing law, described
in subsection (a), the Secretary of Health and Human Services
may not make a determination under such subsection until the
expiration of the 12-month period beginning on the date on
which such notification is made, or until January 1, 1998,
whichever is later. With respect to a State that provides
notice under this paragraph and that has a legislature that
does not meet within the 12-month period beginning on the
date of enactment of this Act, the Secretary shall not make a
determination under subsection (a) prior to January 1, 1998.
(3) Notice to state.--If the Secretary of Health and Human
Services determines that a State law or program does not
achieve the goals described in subsection (a), the Secretary
of Health and Human Services shall provide the State with
adequate notice and reasonable opportunity to modify such law
or program to achieve such goals prior to making a final
determination under subsection (a).
(c) Adoption of NAIC Model.--If, not later than 9 months
after the date of enactment of this Act--
(1) the National Association of Insurance Commissioners
(hereafter referred to as the ``NAIC''), through a process
which the Secretary of Health and Human Services determines
has included consultation with representatives of the
insurance industry and consumer groups, adopts a model
standard or standards for reform of the individual health
insurance market, and
(2) the Secretary of Health and Human Services determines,
within 30 days of the adoption of such NAIC standard or
standards, that such standards comply with the goals of
sections 110 and 111:
a State that elects to adopt such model standards or
substantially adopt such model standards shall be deemed to
have met the requirements of sections 110 and 111 and shall
be subject to a determination under subsection (a).
SEC. 113. DEFINITION.
(a) In General.--As used this title, the term ``individual
health plan'' means any contract, policy, certificate or
other arrangement offered to individuals by a health plan
issuer that provides or pays for health benefits (such as
provider and hospital benefits) and that is not a group
health plan under section 2(6).
(b) Arrangements Not Included.--Such term does not include
the following, or any combination thereof:
(1) Coverage only for accident, or disability income
insurance, or any combination thereof.
(2) Medicare supplemental health insurance (as defined
under section 1882(g)(1) of the Social Security Act).
(3) Coverage issued as a supplement to liability insurance.
(4) Liability insurance, including general liability
insurance and automobile liability insurance.
(5) Workers' compensation or similar insurance.
(6) Automobile medical payment insurance.
(7) Coverage for a specified disease or illness.
(8) Hospital of fixed indemnity insurance.
[[Page 653]]
(9) Short-term limited duration insurance.
(10) Credit-only, dental-only, or vision-only insurance.
(11) A health insurance policy providing benefits only for
long-term care, nursing home care, home health care,
community-based care, or any combination thereof.
Subtitle C--COBRA Clarifications
SEC. 121. COBRA CLARIFICATIONS.
(a) Public Health Service Act.--
(1) Period of coverage.--Section 2202(2) of the Public
Health Service Act (42 U.S.C. 300bb-2(2)) is amended--
(A) in subparagraph (A)--
(i) by transferring the sentence immediately preceding
clause (iv) so as to appear immediately following such clause
(iv); and
(ii) in the last sentence (as so transferred)--
(I) by inserting ``, or a beneficiary-family member of the
individual,'' after ``an individual''; and
(II) by striking ``at the time of a qualifying event
described in section 2203(2)'' and inserting ``at any time
during the initial 18-month period of continuing coverage
under this title'';
(B) in subparagraph (D)(i), by inserting before ``, or''
the following: ``, except that the exclusion or limitation
contained in this clause shall not be considered to apply to
a plan under which a preexisting condition or exclusion does
not apply to an individual otherwise eligible for
continuation coverage under this section because of the
provision of the Health Insurance Reform Act of 1996'', and
(C) in subparagraph (E), by striking ``at the time of a
qualifying event described in section 2203(2)'' and inserting
``at any time during the initial 18-month period of
continuing coverage under this title'',
(2) Election.--Section 2205(1)(C) of the Public Health
Service Act (42 U.S.C. 300bb-5(1)(C)) is amended--
(A) in clause (i), by striking ``or'' at the end thereof.
(B) in clause (ii), by striking the period and inserting
``, or'', and
(C) by adding at the end thereof the following new clause:
``(iii) in the case of an individual described in the last
sentence of section 2202(2)(A), or a beneficiary-family
member of the individual, the date such individual is
determined to have been disabled.''.
(3) Notices.--Section 2206(3) of the Public Health Service
Act (42 U.S.C. 300bb-6(3)) is amended by striking ``at the
time of a qualifying event described in section 2203(2)'' and
inserting ``at any time during the initial 18-month period of
continuing coverage under this title''.
(4) Birth or adoption of a child.--Section 2208(3)(A) of
the Public Health Service Act (42 U.S.C. 300bb-8(3)(A)) is
amended by adding at the end thereof the following new flush
sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continued coverage under this title.''.
(b) Employee Retirement Income Security Act of 1974.--
(1) Period of coverage.--Section 602(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)) is
amended--
(A) in the last sentence of subparagraph (A)--
(i) by inserting ``, or a beneficiary-family member of the
individual.'' after ``an individual''; and
(ii) by striking ``at the time of a qualifying event
described in section 603(2)'' and inserting ``at any time
during the initial 18-month period of continuing coverage
under this part'',
(B) in subparagraph (D)(i), by inserting before, ``, or''
the following ``, except that the exclusion or limitation
contained in this clause shall not be considered to apply to
a plan under which a preexisting condition or exclusion does
not apply to an individual otherwise eligible for
continuation coverage under this section because of the
provision of the Health Insurance Reform Act of 1996''; and
(C) in subparagraph (E), by striking ``at the time of a
qualifying event described in section 603(2)'' and inserting
``at any time during the initial 18-month period of
continuing coverage under this part''.
(2) Election.--Section 605(1)(C) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1165(1)(C)) is
amended--
(A) in clause (i), by striking ``or'' at the end thereof;
(B) in clause (ii), by striking the period and inserting
``, or''; and
(C) by adding at the end thereof the following new clause:
``(iii) in the case of an individual described in the last
sentence of section 602(2)(A), or a beneficiary-family member
of the individual, the date such individual is determined to
have been disabled.''.
(3) Notices.--Section 606(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166(3)) is amended by
striking ``at the time of a qualifying event described in
section 603(2)'' and inserting ``at any time during the
initial 18-month period of continuing coverage under this
part''.
(4) Birth or adoption of a child.--Section 607(3)(A) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1167(3)) is amended by adding at the end thereof the
following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continued coverage under this part.''.
(c) Internal Revenue Code of 1986.--
(1) Period of coverage.--Section 4980B(f)(2)(B) of the
Internal Revenue Code of 1986 is amended--
(A) in the last sentence of clause (i) by striking ``at the
time of a qualifying event described in paragraph (3)(B)''
and inserting ``at any time during the initial 18-month
period of continuing coverage under this section''.
(B) in clause (iv)(I), by inserting before ``, or'' the
following: ``, except that the exclusion or limitation
contained in this subclause shall not be considered to apply
to a plan under which a preexisting condition or exclusion
does not apply to an individual otherwise eligible for
continuation coverage under this subsection because of the
provision of the Health Insurance Reform Act of 1996''; and
(C) in clause (v), by striking ``at the time of a
qualifying event described in paragraph (3)(B)'' and
inserting ``at any time during the initial 18-month period of
continuing coverage under this section''.
(2) Election.--Section 4980B(f)(5)(A)(ii) of the Internal
Revenue Code of 1986 is amended--
(A) in subclause (I), by striking ``or'' at the end
thereof;
(B) in subclause (II), by striking the period and inserting
``, or'', and
(C) by adding at the end thereof the following new
subclause:
``(III) in the case of an qualified beneficiary described
in the last sentence of paragraph (2)(B)(i), the date such
individual is determined to have been disabled.''.
(3) Notices.--Section 4980B(f)(6)(C) of the Internal
Revenue Code of 1986 is amended by striking ``at the time of
a qualifying event described in paragraph (3)(B)'' and
inserting ``at any time during the initial 18-month period of
continuing coverage under this section''.
(4) Birth or adoption of a child.--Section 4980B(g)(1)(A)
of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continued coverage under this section.''.
(d) Effective Date.--The amendments made by this section
shall apply to qualifying events occurring on or after the
date of enactment of this Act for plan years beginning after
December 31, 1997.
(e) Notification of Changes.--Not later than 60 days prior
to the date on which this section becomes effective, each
group health plan (covered under title XXII of the Public
Health Service Act, part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974, and section
4980B(f) of the Internal Revenue Code of 1986) shall notify
each qualified beneficiary who has elected continuation
coverage under such title, part or section of the amendments
made by this section.
Subtitle D--Private Health Plan Purchasing Cooperatives
SEC. 131. PRIVATE HEALTH PLAN PURCHASING COOPERATIVES.
(a) Definition.--As used in this title, the term ``health
plan purchasing cooperative'' means a group of individuals or
employers that, on a voluntary basis and in accordance with
this section, form a cooperative for the purpose of
purchasing individual health plans or group health plans
offered by health plan issuers. A health plan issuer, agent,
broker or any other individual or entity engaged in the sale
of insurance may not underwrite a cooperative.
(b) Certification.--
(1) In general.--If a group described in subsection (a)
desires to form a health plan purchasing cooperative in
accordance with this section and such group appropriately
notifies the State and the Secretary of such desire, the
State, upon a determination that such group meets the
requirements of this section, shall certify the group as a
health plan purchasing cooperative. The State shall make a
determination of whether such group meets the requirements of
this section in a timely fashion. Each such cooperative shall
also be registered with the Secretary.
(2) State refusal to certify.--If a State fails to
implement a program for certifying health plan purchasing
cooperatives in accordance with the standards under this
title, the Secretary shall certify and oversee the operations
of such cooperative in such State.
(3) Interstate cooperatives.--For purposes of this section
a health plan purchasing cooperative operating in more than
one State shall be certified by the State in which the
cooperative is domiciled. States may enter into cooperative
agreements for the purpose of certifying and overseeing the
operation of such cooperatives. For purposes of this
subsection, a cooperative shall be considered to be domiciled
in the State in which most of the members of the cooperative
reside.
(c) Board of Directors.--
(1) In general.--Each health plan purchasing cooperative
shall be governed by a Board of Directors that shall be
responsible for ensuring the performance of the duties of the
cooperative under this section. The Board shall be composed
of a board cross-section of representatives of employers,
employees, and individuals participating in the cooperative.
A health plan issuer, agent, broker or any other individual
or entity engaged in the sale of individual health plans or
group health plans may not hold or control any right to vote
with respect to a cooperative.
(2) Limitation on compensation.--A health plan purchasing
cooperative may not provide
[[Page 654]]
compensation to members of the Board of Directors. The
cooperative may provide reimbursements to such members for
the reasonable and necessary expenses incurred by the members
in the performance of their duties as members of the Board.
(3) Conflict of interest.--No member of the Board of
Directors (or family members of such members) nor any
management personnel of the cooperative may be employed by,
be a consultant of, be a member of the board of directors or,
be affiliated with an agent of, or otherwise be a
representative of any health plan issuer, health care
provider, or agent or broker. Nothing in the preceding
sentence shall limit a member of the Board from purchasing
coverage offered through the cooperative.
(d) Membership and Marketing Area.--
(1) Membership.--A health plan purchasing cooperative may
establish limits on the maximum size of employers who may
become members of the cooperative, and may determine whether
to permit individuals to become members. Upon the
establishment of such membership requirements, the
cooperative shall, except as provided in subparagraph (B),
accept all employers (or individuals) residing within the
area served by the cooperative who meet such requirements as
members on a first-come, first-served basis, or on another
basis established by the State to ensure equitable access to
the cooperative.
(2) Marketing area.--A State may establish rules regarding
the geographic area that must be served by a health plan
purchasing cooperative. With respect to a State that has not
established such rules, a health plan purchasing cooperative
operating in the State shall define the boundaries of the
area to be served by the cooperative, except that such
boundaries may not be established on the basis of health
status of the populations that reside in the area.
(e) Duties and Responsibilities.--
(1) In general.--A health plan purchasing cooperative
shall--
(A) enter into agreements with multiple, unaffiliated
health plan issuers, except that the requirement of this
subparagraph shall not apply in regions (such as remote or
frontier areas) in which compliance with such requirement is
not possible.
(B) enter into agreements with employers and individuals
who become members of the cooperative;
(C) participate in any program of risk-adjustment or
reinsurance, or any similar program, that is established by
the State.
(D) prepare and disseminate comparative health plan
materials (including information about cost, quality,
benefits, and other information concerning group health plans
and individual health plans offered through the cooperative);
(E) actively market to all eligible employers and
individuals residing within the service area; and
(F) act as an ombudsman for group health plan or individual
health plan enrollees.
(2) Permissible activities.--A health plan purchasing
cooperative may perform such other functions as necessary to
further the purposes of this title, including--
(A) collecting and distributing premiums and performing
other administrative functions;
(B) collecting and analyzing surveys of enrollee
satisfaction;
(C) charging membership fee to enrollees (such fees may not
be based on health status) and charging participation fees to
health plan issuers;
(D) cooperating with (or accepting as members) employers
who provide health benefits directly to participants and
beneficiaries only for the purpose of negotiating with
providers, and
(E) negotiating with health care providers and health plan
issuers.
(f) Limitations on Cooperative Activities.--A health plan
purchasing cooperative shall not--
(1) perform any activity relating to the licensing of
health plan issuers.
(2) assume financial risk directly or indirectly on behalf
of members of a health plan purchasing cooperative relating
to any group health plan or individual health plan;
(3) establish eligibility, continuation of eligibility,
enrollment, or premium contribution requirements for
participants, beneficiaries, or individuals based on health
status;
(4) operate on a for-profit or other basis where the legal
structure of the cooperative permits profits to be made and
not returned to the members of the cooperative, except that a
for-profit health plan purchasing cooperative may be formed
by a nonprofit organization--
(A) in which membership in such organization is not based
on health status; and
(B) that accepts as members all employers or individuals on
a first-come, first-served basis, subject to any established
limit on the maximum size of and employer that may become a
member; or
(5) perform any other activities that conflict or are
inconsistent with the performance of its duties under this
title.
(g) Limited Preemptions of Certain State Laws.--
(1) In general.--With respect to a health plan purchasing
cooperative that meets the requirements of this section,
State fictitious group laws shall be preempted.
(2) Health plan issuers.--
(A) Rating.--With respect to a health plan issuer offering
a group health plan or individual health plan through a
health plan purchasing cooperative that meets the
requirements of this section. State premium rating
requirement laws, except to the extent provided under
subparagraph (B), shall be preempted unless such laws permit
premium rates negotiated by the cooperative to be less than
rates that would otherwise be permitted under State law, if
such rating differential is not based on differences in
health status or demographic factors.
(B) Exception.--State laws referred to in subparagraph (A)
shall not be preempted if such laws--
(i) prohibit the variance of premium rates among employers,
plan sponsors, or individuals that are members of health plan
purchasing cooperative in excess of the amount of such
variations that would be permitted under such State rating
laws among employers, plan sponsors, and individuals that are
not members of the cooperative; and
(ii) prohibit a percentage increase in premium rates for a
new rating period that is in excess of that which would be
permitted under State rating laws.
(C) Benefits.--Except as provided in subparagraph (D), a
health plan issuer offering a group health plan or individual
health plan through a health plan purchasing cooperative
shall comply with all State mandated benefit laws that
require the offering of any services, category or care, or
services of any class or type of provider.
(D) Exception.--In those states that have enacted laws
authorizing the issuance of alternative benefit plans to
small employers, health plan issuers may offer such
alternative benefit plans through a health plan purchasing
cooperative that meets the requirements of this section.
(h) Rules of Construction.--Nothing in this section shall
be construed to--
(1) require that a State organize, operate, or otherwise
create health plan purchasing cooperatives;
(2) otherwise require the establishment of health plan
purchasing cooperatives.
(3) require individuals, plan sponsors, or employers to
purchase group health plans or individual health plans
through a health plan purchasing cooperative;
(4) require that a health plan purchasing cooperative be
the only type of purchasing arrangement permitted to operate
in a State.
(5) confer authority upon a State that the State would not
otherwise have to regulate health plan issuers or employee
health benefits plans, or
(6) confer authority up a State (or the Federal Government)
that the State (or Federal Government) would not otherwise
have to regulate group purchasing arrangements, coalitions,
or other similar entities that do not desire to become a
health plan purchasing cooperative in accordance with this
section.
(i) Application of ERISA.--For purposes of enforcement
only, the requirements of parts 4 and 5 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1101) shall apply to a health pan purchasing
cooperative as if such plan were an employee welfare benefit
plan.
Subtitle E--Application and Enforcement of Standards
SEC. 141. APPLICABILITY.
(a) Construction.--
(1) Enforcement.--
(A) In general.--A requirement or standard imposed under
this title on a group health plan or individual health plan
offered by a health plan issuer shall be deemed to be a
requirement or standard imposed on the health plan issuer.
Such requirements or standards shall be enforced by the State
insurance commissioner for the State involved or the official
or officials designated by the State to enforce the
requirements of this title. In the case of a group health
plan offered by a health plan issuer in connection with an
employee health benefit plan, the requirements of standards
imposed under the title shall be enforced with respect to the
health plan issuer by the State insurance commissioner for
the State involved or the official of officials designated by
the State to enforce the requirements of this title.
(B) Limitation.--Except as provided in subsection (c), the
Secretary shall not enforce the requirements or standards of
this title as they relate to health plan issuers, group
health plans, or individual health plans. In no case shall a
Sate enforce the requirements or standards of this title as
they relate to employee health benefit plans.
(2) Preemption of state law.--Nothing in this title shall
be construed to prevent a State from establishing,
implementing, or continuing in effect standards and
requirements--
(A) not prescribed in this title; or
(B) related to the issuance, renewal, or portability of
health insurance or the establishment or operation of group
purchasing arrangements, that are consistent with, and are
not in direct conflict with, this title and provide greater
protection or benefit to participants, beneficiaries or
individuals.
(b) Rule of Construction.--Nothing in this title shall be
construed to affect or modify the provisions of section 514
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144).
(c) Continuation.--Nothing in this title shall be construed
as requiring a group health plan or an employee health
benefit plan to provide benefits to a particular participant
or beneficiary in excess of those provided under the terms of
such plan.
SEC. 202. ENFORCEMENT OF STANDARDS.
(a) Health Plan Issuers.--Each State shall require that
each group health plan and individual health plan issued,
sold, renewed, offered for sale or operated in such State by
[[Page 655]]
a health plan issuer meet the standards established under
this title pursuant to an enforcement plan filed by the State
with the Secretary. A State shall submit such information as
required by the Secretary demonstrating effective
implementation of the State enforcement law.
(b) Employee Health Benefit Plans.--With respect to
employee health benefit plans, the Secretary shall enforce
the reform standards established under this title in the same
manner as provided for under sections 502, 504, 506, and 510
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties
contained in paragraphs (1) and (2) of section 502(c) of such
Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any
information required by the Secretary to be disclosed and
reported under this section.
(c) Failure to Implement Plan.--In the case of the failure
of a State to substantially enforce the standards and
requirements set forth in this title with respect to group
health plans and individual health plans as provided for
under the State enforcement plan filed under subsection (a),
the Secretary, in consultation with the Secretary of Health
and Human Services, shall implement an enforcement plan
meeting the standards of this title in such State. In the
case of a State that fails to substantially enforce the
standards and requirements set forth in this title, each
health plan issuer operating in such State shall be subject
to civil enforcement as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil
penalties contained in paragraphs (1) and (2) of section
502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall
apply to any information required by the Secretary to be
disclosed and reported under this section.
(d) Applicable Certifying Authority.--As used in this
title, the term ``applicable certifying authority''means,
with respect to--
(1) health plan issuers, the State insurance commissioner
or official or officials designated by the State to enforce
the requirements of this title for the State involved; and
(2) an employee health benefit, plan, the Secretary.
(e) Regulations.--The Secretary may promulgate such
regulations as may be necessary or appropriate to carry out
this title.
(f) Technical Amendment.--Section 508 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1138) is
amended by inserting ``and under the Health Insurance Reform
Act of 1996'' before the period.
Subtitle F--Miscellaneous Provisions
SEC. 191. HEALTH COVERAGE AVAILABILITY STUDY.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Secretary, representatives
of State officials, consumers, and other representatives of
individuals and entities that have expertise in health
insurance and employee benefits, shall conclude a two-part
study, and prepare and submit reports, in accordance with
this section.
(b) Evaluation of Availability.--Not later than January 1,
1998, the Secretary of Health and Human Services shall
prepare and submit to the appropriate committees of Congress
a report, concerning--
(1) an evaluation, based on the experience of States,
expert opinions, and such additional data as may be
available, of the various mechanisms used to ensure the
availability of reasonably priced health coverage to
employers purchasing group coverage and to individuals
purchasing coverage on a non-group basis; and
(2) whether standards that limit the variation in premiums
will further the purposes of this Act.
(c) Evaluation of Effectiveness.--Not later than January 1,
1999, the Secretary of Health and Human Services shall
prepare and submit to the appropriate committees of Congress
a report, concerning the effectiveness of the provisions of
this Act and the various State laws, in ensuring the
availability of reasonably priced health coverage to
employers purchasing group coverage and individuals
purchasing coverage on a nongroup basis.
SEC. 192. EFFECTIVE DATE.
Except as otherwise provided for in this title, the
provisions of this title shall apply as follows:
(1) With respect to group health plans and individual
health plans, such provisions shall apply to plans offered,
sold, issued, renewed, in effect, or operated on or after
January 1, 1997, and
(2) With respect to employee health benefit plans, on the
first day of the first plan year beginning on or after
January 1, 1997.
SEC. 193. SEVERABILITY.
If any provision of this title or the application of such
provision to any person or circumstance is held to be
unconstitutional, the remainder of this title and the
application of the provisions of such to any person or
circumstance shall not be affected thereby.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. COMBEST, announced that the nays had it.
Mr. PALLONE demanded a recorded vote on motion to recommit with
instructions, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
182
<3-line {>
negative
Nays
236
para.37.24 [Roll No. 105]
AYES--182
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NOES--236
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
[[Page 656]]
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--13
Bryant (TX)
Collins (IL)
Eshoo
Fields (LA)
Fowler
Martinez
McNulty
Neal
Ros-Lehtinen
Smith (TX)
Smith (WA)
Stokes
Weldon (PA)
So the motion to recommit with instructions was not agreed to.
The question being put,
The SPEAKER pro tempore, Mr. COMBEST, announced that pursuant to House
Resolution 392, the yeas and nays were ordered.
It was decided in the
Yeas
267
<3-line {>
affirmative
Nays
151
para.37.25 [Roll No. 106]
YEAS--267
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Rose
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Studds
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--151
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Menendez
Miller (CA)
Mink
Moakley
Mollohan
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (FL)
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
Stupak
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--14
Bryant (TX)
Collins (IL)
Dornan
Eshoo
Fields (LA)
Fowler
McNulty
Neal
Ros-Lehtinen
Skelton
Smith (TX)
Smith (WA)
Stokes
Weldon (PA)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.37.26 conference resignation--minority
The SPEAKER pro tempore, Mr. COMBEST, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, March 28, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, H232, The Capitol,
Washington, DC.
Dear Mr. Speaker: Effective immediately, I hereby resign
from the conference of H.R. 3019, the Omnibus Appropriations
Act for Fiscal Year 1996, Conference Report.
Sincerely,
Louis Stokes,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.37.27 change of conferee--h.r. 3019
The SPEAKER pro tempore, Mr. COMBEST, by unanimous consent, appointed
Mr. Hoyer as a conferee on the part of the House to the conference with
the Senate on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 3019) making appropriations for fiscal
year 1996 to make further downpayment toward a balanced budget, and for
other purposes; vice, Mr. Stokes, resigned.
Ordered, That the Clerk notify the Senate thereof.
para.37.28 providing for the consideration of the conference report on
h.r. 2854
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 393):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 2854) to modify the operation of certain
agricultural programs. All points of order against the
conference report and against its consideration are waived.
Sec. 2. Senate Concurrent Resolution 49 is hereby agreed
to.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Pursuant to House Resolution 393, the following concurrent resolution
of the Senate (S. Con. Res. 49) providing for certain corrections to be
made in the enrollment of H.R. 2854 was considered as adopted:
Resolved by the Senate (the House of Representatives
concurring), That the Clerk of the House of Representatives,
in the enrollment of the bill (H.R. 2854) to modify the
operation of certain agricultural programs, shall make the
following corrections:
In section 215--
(1) in paragraph (1), insert ``and'' at the end;
(2) in paragraph (2), strike ``; and'' at the end and
insert a period; and
(3) strike paragraph (3).
para.37.29 agriculture reform
Mr. ROBERTS, pursuant to House Resolution 393, called up the following
conference report (Rept. No. 104-494):
The committee of conference on the disagreeing votes of the
two Houses on the
[[Page 657]]
amendment of the Senate to the bill (H.R. 2854), to modify
the operation of certain agricultural programs, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Agriculture Improvement and Reform Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL MARKET TRANSITION ACT
Subtitle A--Short Title, Purpose, and Definitions
Sec. 101. Short title and purpose.
Sec. 102. Definitions.
Subtitle B--Production Flexibility Contracts
Sec. 111. Authorization for use of production flexibility contracts.
Sec. 112. Elements of contracts.
Sec. 113. Amounts available for contract payments.
Sec. 114. Determination of contract payments under contracts.
Sec. 115. Payment limitations.
Sec. 116. Violations of contract.
Sec. 117. Transfer or change of interest in lands subject to contract.
Sec. 118. Planting flexibility.
Subtitle C--Nonrecourse Marketing Assistance Loans and Loan Deficiency
Payments
Sec. 131. Availability of nonrecourse marketing assistance loans.
Sec. 132. Loan rates for marketing assistance loans.
Sec. 133. Term of loans.
Sec. 134. Repayment of loans.
Sec. 135. Loan deficiency payments.
Sec. 136. Special marketing loan provisions for upland cotton.
Sec. 137. Availability of recourse loans for high moisture feed grains
and seed cotton.
Subtitle D--Other Commodities
Chapter 1--Dairy
Sec. 141. Milk price support program.
Sec. 142. Recourse loan program for commercial processors of dairy
products.
Sec. 143. Consolidation and reform of Federal milk marketing orders.
Sec. 144. Effect on fluid milk standards in State of California.
Sec. 145. Milk manufacturing marketing adjustment.
Sec. 146. Promotion.
Sec. 147. Northeast Interstate Dairy Compact.
Sec. 148. Dairy export incentive program.
Sec. 149. Authority to assist in establishment and maintenance of one
or more export trading companies.
Sec. 150. Standby authority to indicate entity best suited to provide
international market development and export services.
Sec. 151. Study and report regarding potential impact of Uruguay Round
on prices, income, and Government purchases.
Sec. 152. Promotion of United States dairy products in international
markets through dairy promotion program.
Chapter 2--Peanuts and Sugar
Sec. 155. Peanut program.
Sec. 156. Sugar program.
Subtitle E--Administration
Sec. 161. Administration.
Sec. 162. Adjustments of loans.
Sec. 163. Commodity Credit Corporation interest rate.
Sec. 164. Personal liability of producers for deficiencies.
Sec. 165. Commodity Credit Corporation sales price restrictions.
Subtitle F--Permanent Price Support Authority
Sec. 171. Suspension and repeal of permanent price support authority.
Sec. 172. Effect of amendments.
Subtitle G--Commission on 21st Century Production Agriculture
Sec. 181. Establishment.
Sec. 182. Composition.
Sec. 183. Comprehensive review of past and future of production
agriculture.
Sec. 184. Reports.
Sec. 185. Powers.
Sec. 186. Commission procedures.
Sec. 187. Personnel matters.
Sec. 188. Termination of Commission.
Subtitle H--Miscellaneous Commodity Provisions
Sec. 191. Options pilot program.
Sec. 192. Risk management education.
Sec. 193. Crop insurance.
Sec. 194. Establishment of Office of Risk Management.
Sec. 195. Revenue insurance.
Sec. 196. Administration and operation of noninsured crop assistance
program.
TITLE II--AGRICULTURAL TRADE
Subtitle A--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
Sec. 201. Food aid to developing countries.
Sec. 202. Trade and development assistance.
Sec. 203. Agreements regarding eligible countries and private entities.
Sec. 204. Terms and conditions of sales.
Sec. 205. Use of local currency payment.
Sec. 206. Value-added foods.
Sec. 207. Eligible organizations.
Sec. 208. Generation and use of foreign currencies.
Sec. 209. General levels of assistance under Public Law 480.
Sec. 210. Food Aid Consultative Group.
Sec. 211. Support of nongovernmental organizations.
Sec. 212. Commodity determinations.
Sec. 213. General provisions.
Sec. 214. Agreements.
Sec. 215. Use of Commodity Credit Corporation.
Sec. 216. Administrative provisions.
Sec. 217. Expiration date.
Sec. 218. Regulations.
Sec. 219. Independent evaluation of programs.
Sec. 220. Authorization of appropriations.
Sec. 221. Coordination of foreign assistance programs.
Sec. 222. Micronutrient fortification pilot program.
Sec. 223. Use of certain local currency.
Sec. 224. Farmer-to-farmer program.
Sec. 225. Food security commodity reserve.
Sec. 226. Protein byproducts derived from alcohol fuel production.
Sec. 227. Food for progress program.
Sec. 228. Use of foreign currency proceeds from export sales financing.
Sec. 229. Stimulation of foreign production.
Subtitle B--Amendments to Agricultural Trade Act of 1978
Sec. 241. Agricultural export promotion strategy.
Sec. 242. Implementation of commitments under Uruguay Round Agreements.
Sec. 243. Export credits.
Sec. 244. Market access program.
Sec. 245. Export enhancement program.
Sec. 246. Arrival certification.
Sec. 247. Compliance.
Sec. 248. Regulations.
Sec. 249. Trade compensation and assistance programs.
Sec. 250. Foreign Agricultural Service.
Sec. 251. Reports.
Sec. 252. Foreign market development cooperator program.
Subtitle C--Miscellaneous Agricultural Trade Provisions
Sec. 261. Edward R. Madigan United States Agricultural Export
Excellence Award.
Sec. 262. Reporting requirements relating to tobacco.
Sec. 263. Triggered export enhancement.
Sec. 264. Disposition of commodities to prevent waste.
Sec. 265. Debt-for-health-and-protection swap.
Sec. 266. Policy on expansion of international markets.
Sec. 267. Policy on maintenance and development of export markets.
Sec. 268. Policy on trade liberalization.
Sec. 269. Agricultural trade negotiations.
Sec. 270. Policy on unfair trade practices.
Sec. 271. Agricultural aid and trade missions.
Sec. 272. Annual reports by agricultural attaches.
Sec. 273. World livestock market price information.
Sec. 274. Orderly liquidation of stocks.
Sec. 275. Sales of extra long staple cotton.
Sec. 276. Regulations.
Sec. 277. Emerging markets.
Sec. 278. Reimbursement for overhead expenses.
Sec. 279. Labeling of domestic and imported lamb and mutton.
Sec. 280. Import assistance for CBI beneficiary countries and the
Philippines.
Sec. 281. Studies, reports, and other provisions.
Sec. 282. Sense of Congress concerning multilateral disciplines on
credit guarantees.
Sec. 283. International Cotton Advisory Committee.
TITLE III--CONSERVATION
Subtitle A--Definitions
Sec. 301. Definitions applicable to highly erodible cropland
conservation.
Subtitle B--Highly Erodible Land Conservation
Sec. 311. Program ineligibility.
Sec. 312. Conservation reserve lands.
Sec. 313. Good faith exemption.
Sec. 314. Expedited procedures for granting variances from conservation
plans.
Sec. 315. Development and implementation of conservation plans and
conservation systems.
Sec. 316. Investigation of possible compliance deficiencies.
Sec. 317. Wind erosion estimation pilot project.
Subtitle C--Wetland Conservation
Sec. 321. Program ineligibility.
Sec. 322. Delineation of wetlands; exemptions to program ineligibility.
Sec. 323. Consultation and cooperation requirements.
Sec. 324. Application of program ineligibility to affiliated persons.
Sec. 325. Clarification of definition of agricultural lands in
memorandum of agreement.
Sec. 326. Effective date.
[[Page 658]]
Subtitle D--Environmental Conservation Acreage Reserve Program
Sec. 331. Environmental conservation acreage reserve program.
Sec. 332. Conservation reserve program.
Sec. 333. Wetlands reserve program.
Sec. 334. Environmental quality incentives program.
Sec. 335. Conservation farm option.
Sec. 336. Repeal of superseded authorities.
Subtitle E--Conservation Funding and Administration
Sec. 341. Conservation funding and administration.
Sec. 342. State technical committees.
Sec. 343. Public notice and comment for revisions to certain State
technical guides.
Subtitle F--National Natural Resources Conservation Foundation
Sec. 351. Short title.
Sec. 352. Definitions.
Sec. 353. National Natural Resources Conservation Foundation.
Sec. 354. Composition and operation.
Sec. 355. Officers and employees.
Sec. 356. Corporate powers and obligations of the Foundation.
Sec. 357. Administrative services and support.
Sec. 358. Audits and petition of Attorney General for equitable relief.
Sec. 359. Release from liability.
Sec. 360. Authorization of appropriations.
Subtitle G--Forestry
Sec. 371. Office of International Forestry.
Sec. 372. Cooperative work for protection, management, and improvement
of National Forest System.
Sec. 373. Forestry incentives program.
Sec. 374. Optional State grants for forest legacy program.
Subtitle H--Miscellaneous Conservation Provisions
Sec. 381. Conservation activities of Commodity Credit Corporation.
Sec. 382. Floodplain easements.
Sec. 383. Resource conservation and development program.
Sec. 384. Repeal of report requirement.
Sec. 385. Flood risk reduction.
Sec. 386. Conservation of private grazing land.
Sec. 387. Wildlife habitat incentives program.
Sec. 388. Farmland protection program.
Sec. 389. Interim moratorium on bypass flows.
Sec. 390. Everglades ecosystem restoration.
Sec. 391. Agricultural air quality research oversight.
TITLE IV--NUTRITION ASSISTANCE
Sec. 401. Food stamp program.
Sec. 402. Commodity distribution program; commodity supplemental food
program.
Sec. 403. Emergency food assistance program.
Sec. 404. Soup kitchen and food bank program.
Sec. 405. National commodity processing.
TITLE V--AGRICULTURAL PROMOTION
Subtitle A--Commodity Promotion and Evaluation
Sec. 501. Commodity promotion and evaluation.
Subtitle B--Issuance of Orders for Promotion, Research, and Information
Activities Regarding Agricultural Commodities
Sec. 511. Short title.
Sec. 512. Findings and purpose.
Sec. 513. Definitions.
Sec. 514. Issuance of orders.
Sec. 515. Required terms in orders.
Sec. 516. Permissive terms in orders.
Sec. 517. Assessments.
Sec. 518. Referenda.
Sec. 519. Petition and review of orders.
Sec. 520. Enforcement.
Sec. 521. Investigations and power to subpoena.
Sec. 522. Suspension or termination.
Sec. 523. Amendments to orders.
Sec. 524. Effect on other laws.
Sec. 525. Regulations.
Sec. 526. Authorization of appropriations.
Subtitle C--Canola and Rapeseed
Sec. 531. Short title.
Sec. 532. Findings and declaration of policy.
Sec. 533. Definitions.
Sec. 534. Issuance and amendment of orders.
Sec. 535. Required terms in orders.
Sec. 536. Assessments.
Sec. 537. Referenda.
Sec. 538. Petition and review.
Sec. 539. Enforcement.
Sec. 540. Investigations and power to subpoena.
Sec. 541. Suspension or termination.
Sec. 542. Regulations.
Sec. 543. Authorization of appropriations.
Subtitle D--Kiwifruit
Sec. 551. Short title.
Sec. 552. Findings and purposes.
Sec. 553. Definitions.
Sec. 554. Issuance of orders.
Sec. 555. National Kiwifruit Board.
Sec. 556. Required terms in order.
Sec. 557. Permissive terms in order.
Sec. 558. Petition and review.
Sec. 559. Enforcement.
Sec. 560. Investigations and power to subpoena.
Sec. 561. Referenda.
Sec. 562. Suspension or termination.
Sec. 563. Regulations.
Sec. 564. Authorization of appropriations.
Subtitle E--Popcorn
Sec. 571. Short title.
Sec. 572. Findings and declaration of policy.
Sec. 573. Definitions.
Sec. 574. Issuance of orders.
Sec. 575. Required terms in orders.
Sec. 576. Referenda.
Sec. 577. Petition and review.
Sec. 578. Enforcement.
Sec. 579. Investigations and power to subpoena.
Sec. 580. Relation to other programs.
Sec. 581. Regulations.
Sec. 582. Authorization of appropriations.
Subtitle F--Miscellaneous
Sec. 591. Maintenance of records for honey promotion program.
TITLE VI--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 601. Limitation on direct farm ownership loans.
Sec. 602. Purposes of loans.
Sec. 603. Soil and water conservation and protection.
Sec. 604. Interest rate requirements.
Sec. 605. Insurance of loans.
Sec. 606. Loans guaranteed.
Subtitle B--Operating Loans
Sec. 611. Limitation on direct operating loans.
Sec. 612. Purposes of operating loans.
Sec. 613. Participation in loans.
Sec. 614. Line-of-credit loans.
Sec. 615. Insurance of operating loans.
Sec. 616. Special assistance for beginning farmers and ranchers.
Sec. 617. Limitation on period for which borrowers are eligible for
guaranteed assistance.
Subtitle C--Emergency Loans
Sec. 621. Hazard insurance requirement.
Sec. 622. Narrowing of authority to waive application of the credit
elsewhere test.
Sec. 623. Linking of emergency loans for crop or livestock changes to
natural disasters.
Sec. 624. Maximum emergency loan indebtedness.
Sec. 625. Establishment of date for emergency loan asset valuation.
Sec. 626. Insurance of emergency loans.
Subtitle D--Administrative Provisions
Sec. 631. Temporary authority to enter into contracts.
Sec. 632. Use of collection agencies.
Sec. 633. Notice of loan service programs.
Sec. 634. Clarification of written statement required of borrowers.
Sec. 635. Annual review of the credit history, business operation, and
continued eligibility of a borrower.
Sec. 636. Extension of veterans preference.
Sec. 637. Verification of the credit elsewhere test.
Sec. 638. Sale of property.
Sec. 639. Easements on inventoried property.
Sec. 640. Definitions.
Sec. 641. Authorization for loans.
Sec. 642. Contracts on loan security properties.
Sec. 643. List of certified lenders and inventory property
demonstration project.
Sec. 644. Homestead property.
Sec. 645. Restructuring.
Sec. 646. Transfer of inventory land for conservation purposes.
Sec. 647. Implementation of target participation rates.
Sec. 648. Delinquent borrowers.
Sec. 649. Short form certification of farm program borrower compliance.
Sec. 650. Credit study.
Subtitle E--General Provisions
Sec. 661. Conforming amendments.
Sec. 662. Electronic filing of effective financing statements under the
clear title provisions of the Food Security Act of 1985.
Sec. 663. Effective date.
TITLE VII--RURAL DEVELOPMENT
Subtitle A--Amendments to the Food, Agriculture, Conservation, and
Trade Act of 1990
Chapter 1--General Provisions
Sec. 701. Rural investment partnerships.
Sec. 702. Water and waste facility financing.
Sec. 703. Rural wastewater circuit rider program.
Sec. 704. Telemedicine and distance learning services in rural areas.
Sec. 705. Limitation on authorization of appropriations for rural
technology grants.
Sec. 706. Demonstration projects.
Sec. 707. Monitoring the economic progress of rural America.
Sec. 708. Analysis by Office of Technology Assessment.
Sec. 709. Rural health infrastructure improvement.
Sec. 710. Census of agriculture.
Sec. 711. Study of the transportation of fertilizer and agricultural
chemicals to farmers.
Chapter 2--Alternative Agricultural Research and Commercialization
Sec. 721. Definitions.
Sec. 722. Alternative Agricultural Research and Commercialization
Corporation.
Sec. 723. Board of directors, employees, and facilities.
Sec. 724. Research and development grants, contracts, and agreements.
Sec. 725. Commercialization assistance.
Sec. 726. General rules regarding the provision of assistance.
[[Page 659]]
Sec. 727. Regional centers.
Sec. 728. Alternative Agricultural Research and Commercialization
Revolving Fund.
Sec. 729. Procurement preferences for products receiving Corporation
assistance.
Sec. 730. Business plan and feasibility study and report.
Subtitle B--Amendments to the Consolidated Farm and Rural Development
Act
Chapter 1--General Provisions
Sec. 741. Water and waste facility loans and grants.
Sec. 742. Emergency community water assistance grant program for small
communities.
Sec. 743. Emergency community water assistance grant program for
smallest communities.
Sec. 744. Agricultural Credit Insurance Fund.
Sec. 745. Rural Development Insurance Fund.
Sec. 746. Insured watershed and resource conservation and development
loans.
Sec. 747. Rural industrialization assistance.
Sec. 748. Administration.
Sec. 749. Authorization of appropriations.
Sec. 750. Testimony before congressional committees.
Sec. 751. Prohibition on use of loans for certain purposes.
Sec. 752. Rural development certified lenders program.
Sec. 753. System for delivery of certain rural development programs.
Sec. 754. State rural economic development review panel.
Sec. 755. Limited transfer authority of loan amounts.
Sec. 756. Allocation and transfer of loan guarantee authority.
Sec. 757. Water systems for rural and Native villages in Alaska.
Sec. 758. Application requirements relating to water and waste disposal
loan and grant programs.
Sec. 759. National Sheep Industry Improvement Center.
Sec. 759A. Cooperative agreements.
Sec. 759B. Eligibility for grants to broadcasting systems.
Chapter 2--Rural Community Advancement Program
Sec. 761. Rural community advancement program.
Sec. 762. Simplified, uniform application for assistance from all
Federal rural development programs.
Sec. 763. Community facilities grant program.
Subtitle C--Amendments to the Rural Electrification Act of 1936
Sec. 771. Purposes; investigations and reports.
Sec. 772. Authorization of appropriations.
Sec. 773. Loans for electrical plants and transmission lines.
Sec. 774. Loans for electrical and plumbing equipment.
Sec. 775. Testimony on budget requests.
Sec. 776. Transfer of functions of administration created by Executive
order.
Sec. 777. Annual report.
Sec. 778. Prohibition on restricting water and waste facility services
to electric customers.
Sec. 779. Telephone loan terms and conditions.
Sec. 780. Privatization program.
Sec. 781. Rural Business Incubator Fund.
Subtitle D--Miscellaneous Rural Development Provisions
Sec. 791. Interest rate formula.
Sec. 792. Grants for financially stressed farmers, dislocated farmers,
and rural families.
Sec. 793. Fund for Rural America.
Sec. 794. Under Secretary of Agriculture for Rural Economic and
Community Development renamed the Under Secretary of
Agriculture for Rural Development.
TITLE VIII--RESEARCH, EXTENSION, AND EDUCATION
Subtitle A--Modification and Extension of Activities Under 1977 Act
Sec. 801. Purposes of agricultural research, extension, and education.
Sec. 802. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 803. Federal Advisory Committee Act exemption for Federal-State
cooperative programs.
Sec. 804. Coordination and planning of agricultural research,
extension, and education.
Sec. 805. Grants and fellowships for food and agricultural sciences
education.
Sec. 806. Grants for research on the production and marketing of
alcohols and industrial hydrocarbons from agricultural
commodities and forest products.
Sec. 807. Policy research centers.
Sec. 808. Human nutrition intervention and health promotion research
program.
Sec. 809. Food and nutrition education program.
Sec. 810. Purposes and findings relating to animal health and disease
research.
Sec. 811. Animal health and disease continuing research.
Sec. 812. Animal health and disease national or regional research.
Sec. 813. Grant program to upgrade agricultural and food sciences
facilities at 1890 land-grant colleges.
Sec. 814. National research and training centennial centers.
Sec. 815. Programs for Hispanic-serving institutions.
Sec. 816. International agricultural research and extension.
Sec. 817. Authorization of appropriations for agricultural research
programs.
Sec. 818. Authorization of appropriations for extension education.
Sec. 819. Supplemental and alternative crops research.
Sec. 820. Aquaculture assistance programs.
Sec. 821. Authorization of appropriations for rangeland research.
Subtitle B--Modification and Extension of Activities Under 1990 Act
Sec. 831. Water quality research, education, and coordination.
Sec. 832. National genetics resources program.
Sec. 833. National agricultural weather information system.
Sec. 834. Livestock product safety and inspection program.
Sec. 835. Plant genome mapping program.
Sec. 836. Certain specialized research programs.
Sec. 837. Agricultural telecommunications program.
Sec. 838. National centers for agricultural product quality research.
Sec. 839. Red meat safety research center.
Sec. 840. Indian reservation extension agent program.
Sec. 841. Assistive technology program for farmers with disabilities.
Sec. 842. National rural information center clearinghouse.
Sec. 843. Global climate change.
Subtitle C--Repeal of Certain Activities and Authorities
Sec. 851. Subcommittee on Food, Agricultural, and Forestry Research.
Sec. 852. Joint Council on Food and Agricultural Sciences.
Sec. 853. Agricultural Science and Technology Review Board.
Sec. 854. Animal Health Science Research Advisory Board.
Sec. 855. Resident instruction program at 1890 land-grant colleges.
Sec. 856. Grants to States for international trade development centers.
Sec. 857. Rangeland research.
Sec. 858. Composting research and extension program.
Sec. 859. Education program regarding handling of agricultural
chemicals and agricultural chemical containers.
Sec. 860. Program administration regarding sustainable agriculture
research and education.
Sec. 861. Research regarding production, preparation, processing,
handling, and storage of agricultural products.
Sec. 862. Plant and animal pest and disease control program.
Sec. 863. Certain specialized research programs.
Sec. 864. Commission on agricultural research facilities.
Sec. 865. Special grant to study constraints on agricultural trade.
Sec. 866. Pilot project to coordinate food and nutrition education
programs.
Sec. 867. Demonstration areas for rural economic development.
Sec. 868. Technical advisory committee regarding global climate change.
Sec. 869. Committee of nine under Hatch Act of 1887.
Sec. 870. Cotton crop reports.
Sec. 871. Rural economic and business development and additional
research grants under title V of Rural Development Act of
1972.
Sec. 872. Human nutrition research.
Sec. 873. Grants to upgrade 1890 land-grant college extension
facilities.
Sec. 874. Indian subsistence farming demonstration grant program.
Subtitle D--Miscellaneous Research Provisions
Sec. 881. Critical agricultural materials research.
Sec. 882. Memorandum of agreement regarding 1994 Institutions.
Sec. 883. Smith-Lever Act funding for 1890 land-grant colleges,
including Tuskegee University.
Sec. 884. Agricultural research facilities.
Sec. 885. National competitive research initiative.
Sec. 886. Rural development research and education.
Sec. 887. Dairy goat research program.
Sec. 888. Competitive grants for research to eradicate and control
brown citrus aphid and citrus tristeza virus.
Sec. 889. Stuttgart National Aquaculture Research Center.
Sec. 890. Expansion of authorities related to National Arboretum.
Sec. 891. Transfer of aquacultural research center.
Sec. 892. Use of remote sensing data and other data to anticipate
potential food, feed, and fiber shortages or excesses and
to provide timely information to assist farmers with
planting decisions.
Sec. 893. Sense of Senate regarding methyl bromide alternative research
and extension activities.
[[Page 660]]
Subtitle E--Research Authority After Fiscal Year 1997
Sec. 897. Authorization of appropriations.
Sec. 898. Activities subject to availability of appropriations.
TITLE IX--MISCELLANEOUS
Subtitle A--Commercial Transportation of Equine for Slaughter
Sec. 901. Findings.
Sec. 902. Definitions.
Sec. 903. Regulation of commercial transportation of equine for
slaughter.
Sec. 904. Limitation of authority to equine for slaughter.
Sec. 905. Effective date.
Subtitle B--General Provisions
Sec. 911. Interstate quarantine.
Sec. 912. Cotton classification services.
Sec. 913. Plant variety protection for certain tuber propagated plant
varieties.
Sec. 914. Swine health protection.
Sec. 915. Designation of Mount Pleasant National Scenic Area.
Sec. 916. Pseudorabies eradication program.
Sec. 917. Collection and use of agricultural quarantine and inspection
fees.
Sec. 918. Meat and poultry inspection.
Sec. 919. Reimbursable agreements.
Sec. 920. Overseas tort claims.
Sec. 921. Operation of Graduate School of Department of Agriculture as
nonappropriated fund instrumentality.
Sec. 922. Student internship programs.
Sec. 923. Conveyance of excess Federal personal property.
Sec. 924. Conveyance of land to White Oak Cemetery.
Sec. 925. Sale of land by the University of Arkansas.
Sec. 926. Designation of Dale Bumpers Small Farms Research Center.
Sec. 927. Department of Agriculture Washington Area Strategic Space
Plan.
Sec. 928. Severability.
TITLE I--AGRICULTURAL MARKET TRANSITION ACT
Subtitle A--Short Title, Purpose, and Definitions
SEC. 101. SHORT TITLE AND PURPOSE.
(a) Short Title.--This title may be cited as the
``Agricultural Market Transition Act''.
(b) Purpose.--It is the purpose of this title--
(1) to authorize the use of binding production flexibility
contracts between the United States and agricultural
producers to support farming certainty and flexibility while
ensuring continued compliance with farm conservation and
wetland protection requirements;
(2) to make nonrecourse marketing assistance loans and loan
deficiency payments available for certain crops;
(3) to improve the operation of farm programs for milk,
peanuts, and sugar; and
(4) to establish a commission to undertake a comprehensive
review of past and future production agriculture in the
United States.
SEC. 102. DEFINITIONS.
In this title:
(1) Agricultural act of 1949.--Except in section 171, the
term ``Agricultural Act of 1949'' means the Agricultural Act
of 1949 (7 U.S.C. 1421 et seq.), as in effect prior to the
suspensions under section 171(b)(1).
(2) Considered planted.--The term ``considered planted''
means acreage that is considered planted under title V of the
Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) and such
other acreage as the Secretary considers fair and equitable.
(3) Contract.--The terms ``contract'' and ``production
flexibility contract'' mean a production flexibility contract
entered into under section 111.
(4) Contract acreage.--The term ``contract acreage'' means
1 or more crop acreage bases established for contract
commodities under title V of the Agricultural Act of 1949 (7
U.S.C. 1461 et seq.) that would have been in effect for the
1996 crop (but for suspension under section 171(b)(1)).
(5) Contract commodity.--The term ``contract commodity''
means wheat, corn, grain sorghum, barley, oats, upland
cotton, and rice.
(6) Contract payment.--The term ``contract payment'' means
a payment made under this subtitle pursuant to a contract.
(7) Department.--The term ``Department'' means the
Department of Agriculture.
(8) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
Barbadense species or any hybrid thereof, or other similar
types of extra long staple cotton, designated by the
Secretary, having characteristics needed for various end uses
for which United States upland cotton is not suitable and
grown in irrigated cotton-growing regions of the United
States designated by the Secretary or other areas designated
by the Secretary as suitable for the production of the
varieties or types; and
(B) is ginned on a roller-type gin or, if authorized by the
Secretary, ginned on another type gin for experimental
purposes.
(9) Farm program payment yield.--The term ``farm program
payment yield'' means the farm program payment yield
established for the 1995 crop of a contract commodity under
section 505 of the Agricultural Act of 1949 (7 U.S.C. 1465).
The Secretary shall adjust the farm program payment yield for
the 1995 crop of a contract commodity to account for any
additional yield payments made with respect to that crop
under subsection (b)(2) of the section.
(10) Loan commodity.--The term ``loan commodity'' means
each contract commodity, extra long staple cotton, and
oilseed.
(11) Oilseed.--The term ``oilseed'' means a crop of
soybeans, sunflower seed, rapeseed, canola, safflower,
flaxseed, mustard seed, or, if designated by the Secretary,
other oilseeds.
(12) Producer.--The term ``producer'' means an owner,
operator, landlord, tenant, or sharecropper who shares in the
risk of producing a crop and who is entitled to share in the
crop available for marketing from the farm, or would have
shared had the crop been produced. In determining whether a
grower of hybrid seed is a producer, the Secretary shall not
take into consideration the existence of a hybrid seed
contract.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(14) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
(15) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
Subtitle B--Production Flexibility Contracts
SEC. 111. AUTHORIZATION FOR USE OF PRODUCTION FLEXIBILITY
CONTRACTS.
(a) Offer and Terms.--The Secretary shall offer to enter
into a production flexibility contract with an eligible owner
or producer described in subsection (b) on a farm containing
eligible cropland. Under the terms of a contract, the owner
or producer shall agree, in exchange for annual contract
payments, to--
(1) comply with applicable conservation requirements under
subtitle B of title XII of the Food Security Act of 1985 (16
U.S.C. 3811 et seq.);
(2) comply with applicable wetland protection requirements
under subtitle C of title XII of the Act (16 U.S.C. 3821 et
seq.);
(3) comply with the planting flexibility requirements of
section 118; and
(4) use the land subject to the contract for an
agricultural or related activity, but not for a
nonagricultural commercial or industrial use, as determined
by the Secretary.
(b) Eligible Owners and Producers Described.--The following
producers and owners shall be eligible to enter into a
contract:
(1) An owner of eligible cropland who assumes all or a part
of the risk of producing a crop.
(2) A producer (other than an owner) on eligible cropland
with a share-rent lease of the eligible cropland, regardless
of the length of the lease, if the owner enters into the same
contract.
(3) A producer (other than an owner) on eligible cropland
who cash rents the eligible cropland under a lease expiring
on or after September 30, 2002, in which case the owner is
not required to enter into the contract.
(4) A producer (other than an owner) on eligible cropland
who cash rents the eligible cropland under a lease expiring
before September 30, 2002. The owner of the eligible cropland
may also enter into the same contract. If the producer elects
to enroll less than 100 percent of the eligible cropland in
the contract, the consent of the owner is required.
(5) An owner of eligible cropland who cash rents the
eligible cropland and the lease term expires before September
30, 2002, if the tenant declines to enter into a contract. In
the case of an owner covered by this paragraph, contract
payments shall not begin under a contract until the lease
held by the tenant ends.
(6) An owner or producer described in any preceding
paragraph regardless of whether the owner or producer
purchased catastrophic risk protection for a 1996 crop under
section 508(b) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)).
(c) Tenants and Sharecroppers.--In carrying out this
subtitle, the Secretary shall provide adequate safeguards to
protect the interests of tenants and sharecroppers.
(d) Eligible Cropland Described.--Land shall be considered
to be cropland eligible for coverage under a contract only if
the land has contract acreage attributable to the land and--
(1) for at least 1 of the 1991 through 1995 crops, at least
a portion of the land was enrolled in the acreage reduction
program authorized for a crop of a contract commodity under
section 101B, 103B, 105B, or 107B of the Agricultural Act of
1949 or was considered planted;
(2) was subject to a conservation reserve contract under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) whose term expired, or was voluntarily terminated, on
or after January 1, 1995; or
(3) is released from coverage under a conservation reserve
contract by the Secretary during the period beginning on
January 1, 1995, and ending on the date specified in section
112(a)(2).
(e) Quantity of Eligible Cropland Covered by Contract.--
Subject to subsection (b)(4), an owner or producer may enroll
as contract acreage all or a portion of the eligible cropland
on the farm.
(f) Voluntary Reduction in Contract Acreage.--Subject to
subsection (b)(4), an owner or producer who enters into a
contract may subsequently reduce the quantity of contract
acreage covered by the contract.
[[Page 661]]
SEC. 112. ELEMENTS OF CONTRACTS.
(a) Time for Contracting.--
(1) Commencement.--To the extent practicable, the Secretary
shall commence entering into contracts not later than 45 days
after the date of enactment of this title.
(2) Deadline.--Except as provided in paragraph (3), the
Secretary may not enter into a contract after August 1, 1996.
(3) Conservation reserve lands.--
(A) In general.--At the beginning of each fiscal year, the
Secretary shall allow an eligible owner or producer on a farm
covered by a conservation reserve contract entered into under
section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) that terminates after the date specified in paragraph
(2) to enter into or expand a production flexibility contract
to cover the contract acreage of the farm that was subject to
the former conservation reserve contract.
(B) Amount.--Contract payments made for contract acreage
under this paragraph shall be made at the rate and amount
applicable to the annual contract payment level for the
applicable crop. For the fiscal year in which the
conservation reserve contract is terminated, the owner or
producer subject to the production flexibility contract may
elect to receive either contract payments or a prorated
payment under the conservation reserve contract, but not
both.
(b) Duration of Contract.--
(1) Beginning date.--The term of a contract shall begin
with--
(A) the 1996 crop of a contract commodity; or
(B) in the case of acreage that was subject to a
conservation reserve contract described in subsection (a)(3),
the date the production flexibility contract was entered into
or expanded to cover the acreage.
(2) Ending date.--The term of a contract shall extend
through the 2002 crop, unless earlier terminated by the owner
or producer.
(c) Estimation of Contract Payments.--At the time the
Secretary enters into a contract, the Secretary shall provide
an estimate of the minimum contract payments anticipated to
be made during at least the first fiscal year for which
contract payments will be made.
(d) Time for Payment.--
(1) In general.--An annual contract payment shall be made
not later than September 30 of each of fiscal years 1996
through 2002.
(2) Advance payments.--
(A) Fiscal year 1996.--At the option of the owner or
producer, 50 percent of the contract payment for fiscal year
1996 shall be made not later than 30 days after the date on
which the contract is entered into and approved by the
Secretary and the owner or producer.
(B) Subsequent fiscal years.--At the option of the owner or
producer for fiscal year 1997 and each subsequent fiscal
year, 50 percent of the annual contract payment shall be made
on December 15 or January 15 of the fiscal year. The owner or
producer may change the date selected under this subparagraph
for a subsequent fiscal year by providing advance notice to
the Secretary.
SEC. 113. AMOUNTS AVAILABLE FOR CONTRACT PAYMENTS.
(a) Fiscal Year Amounts.--The Secretary shall, to the
maximum extent practicable, expend the following amounts to
satisfy the obligations of the Secretary under all contracts:
(1) For fiscal year 1996, $5,570,000,000.
(2) For fiscal year 1997, $5,385,000,000.
(3) For fiscal year 1998, $5,800,000,000.
(4) For fiscal year 1999, $5,603,000,000.
(5) For fiscal year 2000, $5,130,000,000.
(6) For fiscal year 2001, $4,130,000,000.
(7) For fiscal year 2002, $4,008,000,000.
(b) Allocation.--The amount made available for a fiscal
year under subsection (a) shall be allocated as follows:
(1) For wheat, 26.26 percent.
(2) For corn, 46.22 percent.
(3) For grain sorghum, 5.11 percent.
(4) For barley, 2.16 percent.
(5) For oats, 0.15 percent.
(6) For upland cotton, 11.63 percent.
(7) For rice, 8.47 percent.
(c) Adjustment.--The Secretary shall adjust the amounts
allocated for each contract commodity under subsection (b)
for a particular fiscal year by--
(1) adding an amount equal to the sum of all repayments of
deficiency payments required under section 114(a)(2) of the
Agricultural Act of 1949 (7 U.S.C. 1445j(a)(2)) for the
commodity;
(2) adding an amount equal to the sum of all refunds of
contract payments received during the preceding fiscal year
under section 116 for the commodity; and
(3) subtracting an amount equal to the amount, if any,
necessary during that fiscal year to satisfy payment
requirements for the commodity under sections 103B, 105B, or
107B of the Agricultural Act of 1949 for the 1994 and 1995
crop years.
(d) Additional Rice Allocation.--In addition to the
adjustments required under subsection (c), the amount
allocated under subsection (b) for rice contract payments
shall be increased by $8,500,000 for each of fiscal years
1997 through 2002.
(e) Exclusion of Certain Amounts From Contract Payments.--
Any amount added pursuant to paragraphs (1) and (2) of
subsection (c) to the amount available under subsection (a)
for a fiscal year and paid to owners and producers under a
contract shall not be treated as a contract payment for
purposes of section 115(a) of this title or section 1001(1)
of the Food Security Act of 1985 (7 U.S.C. 1308(1)). However,
the amount of a payment covered by this subsection may not
exceed $50,000 per person.
(f) Effect of Payment Limitation.--The amount available
under subsection (a) for a fiscal year shall be reduced by an
amount equal to the total amount of contract payments for the
fiscal year that owners and producers forgo as a result of
operation of the payment limitation under section 1001(1) of
the Food Security Act of 1985 (7 U.S.C. 1308(1)).
SEC. 114. DETERMINATION OF CONTRACT PAYMENTS UNDER CONTRACTS.
(a) Individual Payment Quantity of Contract Commodities.--
For each contract, the payment quantity of a contract
commodity for each fiscal year shall be equal to the product
of--
(1) 85 percent of the contract acreage; and
(2) the farm program payment yield.
(b) Annual Payment Quantity of Contract Commodities.--The
payment quantity of each contract commodity covered by all
contracts for each fiscal year shall be equal to the sum of
the amounts calculated under subsection (a) for each
individual contract.
(c) Annual Payment Rate.--The payment rate for a contract
commodity for each fiscal year shall be equal to--
(1) the amount made available under section 113 for the
contract commodity for the fiscal year; divided by
(2) the amount determined under subsection (b) for the
fiscal year.
(d) Annual Payment Amount.--The amount to be paid under a
contract in effect for each fiscal year with respect to all
contract commodities covered by the contract shall be equal
to the sum of the products of--
(1) the payment quantity determined under subsection (a)
for each of the contract commodities covered by the contract;
and
(2) the corresponding payment rate for the contract
commodity in effect under subsection (c).
(e) Reduction in Payment Amount.--The contract payment
determined under subsection (d) for an owner or producer for
a fiscal year shall be immediately reduced by the amount of
any repayment of deficiency payments that is required under
section 114(a)(2) of the Agricultural Act of 1949 (7 U.S.C.
1445j(a)(2)) and is not repaid as of the date the contract
payment is determined. The Secretary shall be required to
collect the required repayment, or any claim based on the
required repayment, as soon as the contract payment is
determined.
(f) Assignment of Contract Payments.--The provisions of
section 8(g) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(g)) (relating to assignment of payments)
shall apply to contract payments under this section. The
owner or producer making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as
the Secretary may require in the contract, of any assignment
made under this subsection.
(g) Sharing of Contract Payments.--The Secretary shall
provide for the sharing of contract payments among the owners
and producers subject to the contract on a fair and equitable
basis.
SEC. 115. PAYMENT LIMITATIONS.
(a) Applicability of Payment Limitations.--Sections 1001
through 1001C of the Food Security Act of 1985 (7 U.S.C. 1308
through 1308-3), as amended by this section, shall be
applicable to contract payments made under this subtitle.
(b) Payment Limitations.--Section 1001 of the Food Security
Act of 1985 (7 U.S.C. 1308) is amended by striking paragraphs
(1) through (4) and inserting the following:
``(1) Limitation on payments under production flexibility
contracts.--The total amount of contract payments made under
the Agricultural Market Transition Act to a person under 1 or
more production flexibility contracts during any fiscal year
may not exceed $40,000.
``(2) Limitation on marketing loan gains and loan
deficiency payments.--The total amount of the payments
specified in paragraph (3) that a person shall be entitled to
receive under the Agricultural Market Transition Act for 1 or
more contract commodities and oilseeds during any crop year
may not exceed $75,000.
``(3) Description of payments subject to limitation.--The
payments referred to in paragraph (2) are the following:
``(A) Any gain realized by a producer from repaying a
marketing assistance loan under section 131 of the
Agricultural Market Transition Act for a crop of any loan
commodity at a lower level than the original loan rate
established for the loan commodity under section 132 of the
Act.
``(B) Any loan deficiency payment received for a loan
commodity under section 135 of the Act.
``(4) Definitions.--In this title, the terms `contract
commodity', `contract payment', `loan commodity', `oilseed',
and `production flexibility contract' have the meaning given
those terms in section 102 of the Agricultural Market
Transition Act.''.
(c) Conforming Amendments.--
(1) Section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1) is amended--
(A) in subsection (a)(1), by striking ``under the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)''; and
(B) in subsection (b)(1), by striking ``under the
Agricultural Act of 1949''.
(2) Section 1001C(a) of the Act (7 U.S.C. 1308-3(a)) is
amended--
[[Page 662]]
(A) by striking ``For each of the 1991 through 1997 crops,
any'' and inserting ``Any'';
(B) by striking ``production adjustment payments, price
support program loans, payments, or benefits made available
under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.),''
and inserting ``loans or payments made available under the
Agricultural Market Transition Act,''; and
(C) by striking ``during the 1989 through 1997 crop
years''.
SEC. 116. VIOLATIONS OF CONTRACT.
(a) Termination of Contract For Violation.--Except as
provided in subsection (b), if an owner or producer subject
to a contract violates a requirement of the contract
specified in section 111(a), the Secretary shall terminate
the contract with respect to the owner or producer on each
farm in which the owner or producer has an interest. On the
termination, the owner or producer shall forfeit all rights
to receive future contract payments on each farm in which the
owner or producer has an interest and shall refund to the
Secretary all contract payments received by the owner or
producer during the period of the violation, together with
interest on the contract payments as determined by the
Secretary.
(b) Refund or Adjustment.--If the Secretary determines that
a violation does not warrant termination of the contract
under subsection (a), the Secretary may require the owner or
producer subject to the contract--
(1) to refund to the Secretary that part of the contract
payments received by the owner or producer during the period
of the violation, together with interest on the contract
payments as determined by the Secretary; or
(2) to accept a reduction in the amount of future contract
payments that is proportionate to the severity of the
violation, as determined by the Secretary.
(c) Foreclosure.--
(1) Effect of foreclosure.--An owner or producer subject to
a contract may not be required to make repayments to the
Secretary of amounts received under the contract if the
contract acreage has been foreclosed on and the Secretary
determines that forgiving the repayments is appropriate to
provide fair and equitable treatment.
(2) Resumption of operation.--This subsection shall not
void the responsibilities of the owner or producer under the
contract if the owner or producer continues or resumes
operation, or control, of the contract acreage. On the
resumption of operation or control over the contract acreage
by the owner or producer, the provisions of the contract in
effect on the date of the foreclosure shall apply.
(d) Review.--A determination of the Secretary under this
section shall be considered to be an adverse decision for
purposes of the availability of administrative review of the
determination.
SEC. 117. TRANSFER OR CHANGE OF INTEREST IN LANDS SUBJECT TO
CONTRACT.
(a) Termination.--Except as provided in subsection (c), a
transfer of (or change in) the interest of an owner or
producer subject to a contract in the contract acreage
covered by the contract shall result in the termination of
the contract with respect to the acreage, unless the
transferee or owner of the acreage agrees to assume all
obligations under the contract. The termination shall be
effective on the date of the transfer or change.
(b) Modification.--At the request of the transferee or
owner, the Secretary may modify the contract if the
modifications are consistent with the objectives of this
subtitle, as determined by the Secretary.
(c) Exception.--If an owner or producer who is entitled to
a contract payment dies, becomes incompetent, or is otherwise
unable to receive the contract payment, the Secretary shall
make the payment, in accordance with regulations prescribed
by the Secretary.
SEC. 118. PLANTING FLEXIBILITY.
(a) Permitted Crops.--Subject to subsection (b), any
commodity or crop may be planted on contract acreage on a
farm.
(b) Limitations and Exceptions Regarding Fruits and
Vegetables.--
(1) Limitations.--The planting of fruits and vegetables
(other than lentils, mung beans, and dry peas) shall be
prohibited on contract acreage.
(2) Exceptions.--Paragraph (1) shall not limit the planting
of a fruit or vegetable--
(A) in any region in which there is a history of double-
cropping of contract commodities with fruits or vegetables,
as determined by the Secretary, in which case the double-
cropping shall be permitted;
(B) on a farm that the Secretary determines has a history
of planting fruits or vegetables on contract acreage, except
that a contract payment shall be reduced by an acre for each
acre planted to the fruit or vegetable; or
(C) by a producer who the Secretary determines has an
established planting history of a specific fruit or
vegetable, except that--
(i) the quantity planted may not exceed the producer's
average annual planting history of the fruit or vegetable in
the 1991 through 1995 crop years (excluding any crop year in
which no plantings were made), as determined by the
Secretary; and
(ii) a contract payment shall be reduced by an acre for
each acre planted to the fruit or vegetable.
Subtitle C--Nonrecourse Marketing Assistance Loans and Loan Deficiency
Payments
SEC. 131. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE
LOANS.
(a) Nonrecourse Loans Available.--For each of the 1996
through 2002 crops of each loan commodity, the Secretary
shall make available to producers on a farm nonrecourse
marketing assistance loans for loan commodities produced on
the farm. The loans shall be made under terms and conditions
that are prescribed by the Secretary and at the loan rate
established under section 132 for the loan commodity.
(b) Eligible Production.--The following production shall be
eligible for a marketing assistance loan under subsection
(a):
(1) In the case of a marketing assistance loan for a
contract commodity, any production by a producer on a farm
containing eligible cropland covered by a production
flexibility contract.
(2) In the case of a marketing assistance loan for extra
long staple cotton and oilseeds, any production.
(c) Compliance With Conservation and Wetlands
Requirements.--As a condition of the receipt of a marketing
assistance loan under subsection (a), the producer shall
comply with applicable conservation requirements under
subtitle B of title XII of the Food Security Act of 1985 (16
U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of the Act (16
U.S.C. 3821 et seq.) during the term of the loan.
(d) Additional Outlays Prohibited.--The Secretary shall
carry out this subtitle in such a manner that there are no
additional outlays under this subtitle as a result of the
reconstitution of a farm that occurs as a result of the
combination of another farm that does not contain eligible
cropland covered by a production flexibility contract.
SEC. 132. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
(a) Wheat.--
(1) Loan rate.--Subject to paragraph (2), the loan rate for
a marketing assistance loan under section 131 for wheat shall
be--
(A) not less than 85 percent of the simple average price
received by producers of wheat, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of wheat, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(B) not more than $2.58 per bushel.
(2) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of wheat to total use for the marketing year will be--
(A) equal to or greater than 30 percent, the Secretary may
reduce the loan rate for wheat for the corresponding crop by
an amount not to exceed 10 percent in any year;
(B) less than 30 percent but not less than 15 percent, the
Secretary may reduce the loan rate for wheat for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(C) less than 15 percent, the Secretary may not reduce the
loan rate for wheat for the corresponding crop.
(b) Feed Grains.--
(1) Loan rate for corn.--Subject to paragraph (2), the loan
rate for a marketing assistance loan under section 131 for
corn shall be--
(A) not less than 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of corn, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; but
(B) not more than $1.89 per bushel.
(2) Stocks to use ratio adjustment.--If the Secretary
estimates for any marketing year that the ratio of ending
stocks of corn to total use for the marketing year will be--
(A) equal to or greater than 25 percent, the Secretary may
reduce the loan rate for corn for the corresponding crop by
an amount not to exceed 10 percent in any year;
(B) less than 25 percent but not less than 12.5 percent,
the Secretary may reduce the loan rate for corn for the
corresponding crop by an amount not to exceed 5 percent in
any year; or
(C) less than 12.5 percent, the Secretary may not reduce
the loan rate for corn for the corresponding crop.
(3) Other feed grains.--The loan rate for a marketing
assistance loan under section 131 for grain sorghum, barley,
and oats, respectively, shall be established at such level as
the Secretary determines is fair and reasonable in relation
to the rate that loans are made available for corn, taking
into consideration the feeding value of the commodity in
relation to corn.
(c) Upland Cotton.--
(1) Loan rate.--Subject to paragraph (2), the loan rate for
a marketing assistance loan under section 131 for upland
cotton shall be established by the Secretary at such loan
rate, per pound, as will reflect for the base quality of
upland cotton, as determined by the Secretary, at average
locations in the United States a rate that is not less than
the smaller of--
(A) 85 percent of the average price (weighted by market and
month) of the base quality of cotton as quoted in the
designated United States spot markets during 3 years of the
5-year period ending July 31 of the year preceding the year
in which the crop is planted, excluding the year in which the
average price was the highest and the year in which the
average price was the lowest in the period; or
(B) 90 percent of the average, for the 15-week period
beginning July 1 of the year pre
[[Page 663]]
ceding the year in which the crop is planted, of the 5
lowest-priced growths of the growths quoted for Middling 1\3/
32\-inch cotton C.I.F. Northern Europe (adjusted downward by
the average difference during the period April 15 through
October 15 of the year preceding the year in which the crop
is planted between the average Northern European price
quotation of such quality of cotton and the market quotations
in the designated United States spot markets for the base
quality of upland cotton), as determined by the Secretary.
(2) Limitations.--The loan rate for a marketing assistance
loan for upland cotton shall not be less than $0.50 per pound
or more than $0.5192 per pound.
(d) Extra Long Staple Cotton.--The loan rate for a
marketing assistance loan under section 131 for extra long
staple cotton shall be--
(1) not less than 85 percent of the simple average price
received by producers of extra long staple cotton, as
determined by the Secretary, during 3 years of the 5-year
period ending July 31 of the year preceding the year in which
the crop is planted, excluding the year in which the average
price was the highest and the year in which the average price
was the lowest in the period; but
(2) not more than $0.7965 per pound.
(e) Rice.--The loan rate for a marketing assistance loan
under section 131 for rice shall be $6.50 per hundredweight.
(f) Oilseeds.--
(1) Soybeans.--The loan rate for a marketing assistance
loan under section 131 for soybeans shall be--
(A) not less than 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the marketing years for the immediately
preceding 5 crops of soybeans, excluding the year in which
the average price was the highest and the year in which the
average price was the lowest in the period; but
(B) not less than $4.92 or more than $5.26 per bushel.
(2) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rate for a marketing assistance
loan under section 131 for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed, individually, shall
be--
(A) not less than 85 percent of the simple average price
received by producers of sunflower seed, individually, as
determined by the Secretary, during the marketing years for
the immediately preceding 5 crops of sunflower seed,
individually, excluding the year in which the average price
was the highest and the year in which the average price was
the lowest in the period; but
(B) not less than $0.087 or more than $0.093 per pound.
(3) Other oilseeds.--The loan rates for a marketing
assistance loan under section 131 for other oilseeds shall be
established at such level as the Secretary determines is fair
and reasonable in relation to the loan rate available for
soybeans, except in no event shall the rate for the oilseeds
(other than cottonseed) be less than the rate established for
soybeans on a per-pound basis for the same crop.
SEC. 133. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity
(other than upland cotton or extra long staple cotton), a
marketing assistance loan under section 131 shall have a term
of 9 months beginning on the first day of the first month
after the month in which the loan is made.
(b) Special Rule for Cotton.--A marketing assistance loan
for upland cotton or extra long staple cotton shall have a
term of 10 months beginning on the first day of the month in
which the loan is made.
(c) Extensions Prohibited.--The Secretary may not extend
the term of a marketing assistance loan for any loan
commodity.
SEC. 134. REPAYMENT OF LOANS.
(a) Repayment Rates for Wheat, Feed Grains, and Oilseeds.--
The Secretary shall permit a producer to repay a marketing
assistance loan under section 131 for wheat, corn, grain
sorghum, barley, oats, and oilseeds at a rate that is the
lesser of--
(1) the loan rate established for the commodity under
section 132, plus interest (as determined by the Secretary);
or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the commodity by
the Federal Government;
(C) minimize the cost incurred by the Federal Government in
storing the commodity; and
(D) allow the commodity produced in the United States to be
marketed freely and competitively, both domestically and
internationally.
(b) Repayment Rates for Upland Cotton and Rice.--The
Secretary shall permit producers to repay a marketing
assistance loan under section 131 for upland cotton and rice
at a rate that is the lesser of--
(1) the loan rate established for the commodity under
section 132, plus interest (as determined by the Secretary);
or
(2) the prevailing world market price for the commodity
(adjusted to United States quality and location), as
determined by the Secretary.
(c) Repayment Rates for Extra Long Staple Cotton.--
Repayment of a marketing assistance loan for extra long
staple cotton shall be at the loan rate established for the
commodity under section 132, plus interest (as determined by
the Secretary).
(d) Prevailing World Market Price.--For purposes of this
section and section 136, the Secretary shall prescribe by
regulation--
(1) a formula to determine the prevailing world market
price for each loan commodity, adjusted to United States
quality and location; and
(2) a mechanism by which the Secretary shall announce
periodically the prevailing world market price for each loan
commodity.
(e) Adjustment of Prevailing World Market Price for Upland
Cotton.--
(1) In general.--During the period ending July 31, 2003,
the prevailing world market price for upland cotton (adjusted
to United States quality and location) established under
subsection (d) shall be further adjusted if--
(A) the adjusted prevailing world market price is less than
115 percent of the loan rate for upland cotton established
under section 132, as determined by the Secretary; and
(B) the Friday through Thursday average price quotation for
the lowest-priced United States growth as quoted for Middling
(M) 1\3/32\-inch cotton delivered C.I.F. Northern Europe is
greater than the Friday through Thursday average price of the
5 lowest-priced growths of upland cotton, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern
Europe (referred to in this section as the ``Northern Europe
price'').
(2) Further adjustment.--Except as provided in paragraph
(3), the adjusted prevailing world market price for upland
cotton shall be further adjusted on the basis of some or all
of the following data, as available:
(A) The United States share of world exports.
(B) The current level of cotton export sales and cotton
export shipments.
(C) Other data determined by the Secretary to be relevant
in establishing an accurate prevailing world market price for
upland cotton (adjusted to United States quality and
location).
(3) Limitation on further adjustment.--The adjustment under
paragraph (2) may not exceed the difference between--
(A) the Friday through Thursday average price for the
lowest-priced United States growth as quoted for Middling
1\3/32\-inch cotton delivered C.I.F. Northern Europe; and
(B) the Northern Europe price.
SEC. 135. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--Except as
provided in subsection (d), the Secretary may make loan
deficiency payments available to producers who, although
eligible to obtain a marketing assistance loan under section
131 with respect to a loan commodity, agree to forgo
obtaining the loan for the commodity in return for payments
under this section.
(b) Computation.--A loan deficiency payment under this
section shall be computed by multiplying--
(1) the loan payment rate determined under subsection (c)
for the loan commodity; by
(2) the quantity of the loan commodity that the producers
on a farm are eligible to place under loan but for which the
producers forgo obtaining the loan in return for payments
under this section.
(c) Loan Payment Rate.--For purposes of this section, the
loan payment rate shall be the amount by which--
(1) the loan rate established under section 132 for the
loan commodity; exceeds
(2) the rate at which a loan for the commodity may be
repaid under section 134.
(d) Exception for Extra Long Staple Cotton.--This section
shall not apply with respect to extra long staple cotton.
SEC. 136. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND
COTTON.
(a) Cotton User Marketing Certificates.--
(1) Issuance.--Subject to paragraph (4), during the period
ending July 31, 2003, the Secretary shall issue marketing
certificates or cash payments to domestic users and exporters
for documented purchases by domestic users and sales for
export by exporters made in the week following a consecutive
4-week period in which--
(A) the Friday through Thursday average price quotation for
the lowest-priced United States growth, as quoted for
Middling (M) 1\3/32\-inch cotton, delivered C.I.F. Northern
Europe exceeds the Northern Europe price by more than 1.25
cents per pound; and
(B) the prevailing world market price for upland cotton
(adjusted to United States quality and location) does not
exceed 130 percent of the loan rate for upland cotton
established under section 132.
(2) Value of certificates or payments.--The value of the
marketing certificates or cash payments shall be based on the
amount of the difference (reduced by 1.25 cents per pound) in
the prices during the 4th week of the consecutive 4-week
period multiplied by the quantity of upland cotton included
in the documented sales.
(3) Administration of marketing certificates.--
(A) Redemption, marketing, or exchange.--The Secretary
shall establish procedures for redeeming marketing
certificates for cash or marketing or exchange of the
certificates for agricultural commodities owned by the
Commodity Credit Corporation in such manner, and at such
price levels, as the Secretary determines will best
effectuate the purposes of cotton user marketing
certificates. Any price restrictions that would otherwise
apply to the disposition of agricultural commodities by the
Commodity Credit Corporation shall not apply to the
redemption of certificates under this subsection.
[[Page 664]]
(B) Designation of commodities and products.--To the extent
practicable, the Secretary shall permit owners of
certificates to designate the commodities and products,
including storage sites, the owners would prefer to receive
in exchange for certificates. If any certificate is not
presented for redemption, marketing, or exchange within a
reasonable number of days after the issuance of the
certificate (as determined by the Secretary), reasonable
costs of storage and other carrying charges, as determined by
the Secretary, shall be deducted from the value of the
certificate for the period beginning after the reasonable
number of days and ending with the date of the presentation
of the certificate to the Commodity Credit Corporation.
(C) Transfers.--Marketing certificates issued to domestic
users and exporters of upland cotton may be transferred to
other persons in accordance with regulations issued by the
Secretary.
(4) Exception.--The Secretary shall not issue marketing
certificates or cash payments under paragraph (1) if, for the
immediately preceding consecutive 10-week period, the Friday
through Thursday average price quotation for the lowest
priced United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, adjusted
for the value of any certificate issued under this
subsection, exceeds the Northern Europe price by more than
1.25 cents per pound.
(5) Limitation on expenditures.--Total expenditures under
this subsection shall not exceed $701,000,000 during fiscal
years 1996 through 2002.
(b) Special Import Quota.--
(1) Establishment.--The President shall carry out an import
quota program that provides that, during the period ending
July 31, 2003, whenever the Secretary determines and
announces that for any consecutive 10-week period, the Friday
through Thursday average price quotation for the lowest-
priced United States growth, as quoted for Middling (M) 1\3/
32\-inch cotton, delivered C.I.F. Northern Europe, adjusted
for the value of any certificates issued under subsection
(a), exceeds the Northern Europe price by more than 1.25
cents per pound, there shall immediately be in effect a
special import quota.
(2) Quantity.--The quota shall be equal to 1 week's
consumption of upland cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(3) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (1) and entered into
the United States not later than 180 days after the date.
(4) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
paragraph (1), except that a special quota period may not be
established under this subsection if a quota period has been
established under subsection (c).
(5) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(6) Definition.--In this subsection, the term ``special
import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(c) Limited Global Import Quota for Upland Cotton.--
(1) In general.--The President shall carry out an import
quota program that provides that whenever the Secretary
determines and announces that the average price of the base
quality of upland cotton, as determined by the Secretary, in
the designated spot markets for a month exceeded 130 percent
of the average price of such quality of cotton in the markets
for the preceding 36 months, notwithstanding any other
provision of law, there shall immediately be in effect a
limited global import quota subject to the following
conditions:
(A) Quantity.--The quantity of the quota shall be equal to
21 days of domestic mill consumption of upland cotton at the
seasonally adjusted average rate of the most recent 3 months
for which data are available.
(B) Quantity if prior quota.--If a quota has been
established under this subsection during the preceding 12
months, the quantity of the quota next established under this
subsection shall be the smaller of 21 days of domestic mill
consumption calculated under subparagraph (A) or the quantity
required to increase the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity under a
limited global import quota shall be considered to be an in-
quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade Preference Act (19
U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(D) Definitions.--In this subsection:
(i) Supply.--The term ``supply'' means, using the latest
official data of the Bureau of the Census, the Department of
Agriculture, and the Department of the Treasury--
(I) the carry-over of upland cotton at the beginning of the
marketing year (adjusted to 480-pound bales) in which the
quota is established;
(II) production of the current crop; and
(III) imports to the latest date available during the
marketing year.
(ii) Demand.--The term ``demand'' means--
(I) the average seasonally adjusted annual rate of domestic
mill consumption during the most recent 3 months for which
data are available; and
(II) the larger of--
(aa) average exports of upland cotton during the preceding
6 marketing years; or
(bb) cumulative exports of upland cotton plus outstanding
export sales for the marketing year in which the quota is
established.
(iii) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that is not
subject to the over-quota tariff rate of a tariff-rate quota.
(E) Quota entry period.--When a quota is established under
this subsection, cotton may be entered under the quota during
the 90-day period beginning on the date the quota is
established by the Secretary.
(2) No overlap.--Notwithstanding paragraph (1), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(b).
SEC. 137. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE
FEED GRAINS AND SEED COTTON.
(a) High Moisture Feed Grains.--
(1) Recourse loans available.--For each of the 1996 through
2002 crops of corn and grain sorghum, the Secretary shall
make available recourse loans, as determined by the
Secretary, to producers on a farm containing eligible
cropland covered by a production flexibility contract who--
(A) normally harvest all or a portion of their crop of corn
or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an inspected, certified
commercial scale, including a licensed warehouse, feedlot,
feed mill, distillery, or other similar entity approved by
the Secretary, pursuant to regulations issued by the
Secretary; or
(ii) field or other physical measurements of the standing
or stored crop in regions of the United States, as determined
by the Secretary, that do not have certified commercial
scales from which certified scale tickets may be obtained
within reasonable proximity of harvest operation;
(C) certify that they were the owners of the feed grain at
the time of delivery to, and that the quantity to be placed
under loan under this subsection was in fact harvested on the
farm and delivered to, a feedlot, feed mill, or commercial or
on-farm high-moisture storage facility, or to a facility
maintained by the users of corn and grain sorghum in a high
moisture state; and
(D) comply with deadlines established by the Secretary for
harvesting the corn or grain sorghum and submit applications
for loans under this subsection within deadlines established
by the Secretary.
(2) Eligibility of acquired feed grains.--A loan under this
subsection shall be made on a quantity of corn or grain
sorghum of the same crop acquired by the producer equivalent
to a quantity determined by multiplying--
(A) the acreage of the corn or grain sorghum in a high
moisture state harvested on the producer's farm; by
(B) the lower of the farm program payment yield or the
actual yield on a field, as determined by the Secretary, that
is similar to the field from which the corn or grain sorghum
was obtained.
(3) High moisture state defined.--In this subsection, the
term ``high moisture state'' means corn or grain sorghum
having a moisture content in excess of Commodity Credit
Corporation standards for marketing assistance loans made by
the Secretary under section 131.
(b) Recourse Loans Available for Seed Cotton.--
(1) Upland cotton.--For each of the 1996 through 2002 crops
of upland cotton, the Secretary shall make available recourse
seed cotton loans, as determined by the Secretary, to
producers on a farm containing eligible cropland covered by a
production flexibility contract.
(2) Extra long staple cotton.--For each of the 1996 through
2002 crops of extra long staple cotton, the Secretary shall
make available recourse seed cotton loans, as determined by
the Secretary, on any production.
(c) Repayment Rates.--Repayment of a recourse loan made
under this section shall be at the loan rate established for
the commodity by the Secretary, plus interest (as determined
by the Secretary).
Subtitle D--Other Commodities
CHAPTER 1--DAIRY
SEC. 141. MILK PRICE SUPPORT PROGRAM.
(a) Support Activities.--The Secretary of Agriculture shall
support the price of milk produced in the 48 contiguous
States through the purchase of cheese, butter, and nonfat dry
milk produced from the milk.
(b) Rate.--The price of milk shall be supported at the
following rates per hundredweight for milk containing 3.67
percent butterfat:
(1) During calendar year 1996, $10.35.
(2) During calendar year 1997, $10.20.
[[Page 665]]
(3) During calendar year 1998, $10.05.
(4) During calendar year 1999, $9.90.
(c) Purchase Prices.--The support purchase prices under
this section for each of the products of milk (butter,
cheese, and nonfat dry milk) announced by the Secretary shall
be the same for all of that product sold by persons offering
to sell the product to the Secretary. The purchase prices
shall be sufficient to enable plants of average efficiency to
pay producers, on average, a price that is not less than the
rate of price support for milk in effect under subsection
(b).
(d) Special Rule for Butter and Nonfat Dry Milk Purchase
Prices.--
(1) Allocation of purchase prices.--The Secretary may
allocate the rate of price support between the purchase
prices for nonfat dry milk and butter in a manner that will
result in the lowest level of expenditures by the Commodity
Credit Corporation or achieve such other objectives as the
Secretary considers appropriate. Not later than 10 days after
making or changing an allocation, the Secretary shall notify
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate of the allocation. Section 553 of title 5, United
States Code, shall not apply with respect to the
implementation of this section.
(2) Timing of purchase price adjustments.--The Secretary
may make any such adjustments in the purchase prices for
nonfat dry milk and butter the Secretary considers to be
necessary not more than twice in each calendar year.
(e) Refunds of 1995 and 1996 Assessments.--
(1) Refund required.--The Secretary shall provide for a
refund of the entire reduction required under section
204(h)(2) of the Agricultural Act of 1949 (7 U.S.C.
1446e(h)(2)), as in effect on the day before the amendment
made by subsection (g), in the price of milk received by a
producer during calendar year 1995 or 1996, if the producer
provides evidence that the producer did not increase
marketings in calendar year 1995 or 1996 when compared to
calendar year 1994 or 1995, respectively.
(2) Exception.--This subsection shall not apply with
respect to a producer for a particular calendar year if the
producer has already received a refund under section 204(h)
of the Agricultural Act of 1949 for the same fiscal year
before the effective date of this section.
(3) Treatment of refund.--A refund under this subsection
shall not be considered as any type of price support or
payment for purposes of sections 1211 and 1221 of the Food
Security Act of 1985 (16 U.S.C. 3811 and 3821).
(f) Commodity Credit Corporation.--The Secretary shall
carry out the program authorized by this section through the
Commodity Credit Corporation.
(g) Conforming Repeal.--Effective on the first day of the
first month beginning after the date of enactment of this
title, section 204 of the Agricultural Act of 1949 (7 U.S.C.
1446e) is repealed.
(h) Period of Effectiveness.--This section (other than
subsection (g)) shall be effective only during the period
beginning on the first day of the first month beginning after
the date of enactment of this title and ending on December
31, 1999. The program authorized by this section shall
terminate on December 31, 1999, and shall be considered to
have expired notwithstanding section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
907).
SEC. 142. RECOURSE LOAN PROGRAM FOR COMMERCIAL PROCESSORS OF
DAIRY PRODUCTS.
(a) Recourse Loans Available.--Under such reasonable terms
and conditions as the Secretary may prescribe, the Secretary
shall make recourse loans available to commercial processors
of eligible dairy products to assist the processors to manage
inventories of eligible dairy products and assure a greater
degree of price stability for the dairy industry during the
year. The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out
this section.
(b) Amount of Loan.--The Secretary shall establish the
amount of a loan for eligible dairy products, which shall
reflect a milk equivalent value of $9.90 per hundredweight of
milk containing 3.67 percent butterfat. The rate of interest
charged participants under this section shall not be less
than the rate of interest charged the Commodity Credit
Corporation by the United States Treasury.
(c) Period of Loan.--The original term of a recourse loan
made under this section may not extend beyond the end of the
fiscal year in which the loan is made. At the end of the
fiscal year, the Secretary may extend the loan for an
additional period not to exceed the end of the next fiscal
year.
(d) Definition of Eligible Dairy Products.--In this
section, the term ``eligible dairy products'' means cheddar
cheese, butter, and nonfat dry milk.
(e) Effective Date.--This section shall be effective
beginning January 1, 2000.
SEC. 143. CONSOLIDATION AND REFORM OF FEDERAL MILK MARKETING
ORDERS.
(a) Amendment of Orders.--
(1) Required consolidation.--The Secretary shall amend
Federal milk marketing orders issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of
1937, to limit the number of Federal milk marketing orders to
not less than 10 and not more than 14 orders.
(2) Inclusion of california as separate order.--Upon the
petition and approval of California dairy producers in the
manner provided in section 8c of the Agricultural Adjustment
Act (7 U.S.C. 608c), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, the Secretary
shall designate the State of California as a separate Federal
milk marketing order. The order covering California shall
have the right to reblend and distribute order receipts to
recognize quota value.
(3) Related issues addressed in consolidation.--Among the
issues the Secretary is authorized to implement as part of
the consolidation of Federal milk marketing orders are the
following:
(A) The use of utilization rates and multiple basing points
for the pricing of fluid milk.
(B) The use of uniform multiple component pricing when
developing 1 or more basic formula prices for manufacturing
milk.
(4) Effect of existing law.--In implementing the
consolidation of Federal milk marketing orders and related
reforms under this subsection, the Secretary may not
consider, or base any decision on, the table contained in
section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)(A)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, as added by section 131 of
the Food Security Act of 1985.
(b) Expedited Process.--
(1) Use of informal rulemaking.--To implement the
consolidation of Federal milk marketing orders and related
reforms under subsection (a), the Secretary shall use the
notice and comment procedures provided in section 553 of
title 5, United States Code.
(2) Time limitations.--
(A) Proposed amendments.--The Secretary shall announce the
proposed amendments to be made under subsection (a) not later
than 2 years after the date of enactment of this title.
(B) Final amendments.--The Secretary shall implement the
amendments not later than 3 years after the date of enactment
of this title.
(3) Effect of court order.--The actions authorized by this
subsection are intended to ensure the timely publication and
implementation of new and amended Federal milk marketing
orders. In the event that the Secretary is enjoined or
otherwise restrained by a court order from publishing or
implementing the consolidation and related reforms under
subsection (a), the length of time for which that injunction
or other restraining order is effective shall be added to the
time limitations specified in paragraph (2) thereby extending
those time limitations by a period of time equal to the
period of time for which the injunction or other restraining
order is effective.
(c) Failure To Timely Consolidate Orders.--If the Secretary
fails to implement the consolidation required under
subsection (a)(1) within the time period required under
subsection (b)(2)(B) (plus any additional period provided
under subsection (b)(3)), the Secretary may not assess or
collect assessments from milk producers or handlers under
such section 8c for marketing order administration and
services provided under such section after the end of that
period until the consolidation is completed. The Secretary
may not reduce the level of services provided under the
section on account of the prohibition against assessments,
but shall rather cover the cost of marketing order
administration and services through funds available for the
Agricultural Marketing Service of the Department.
(d) Report Regarding Further Reforms.--
(1) Report required.--Not later than April 1, 1997, the
Secretary shall submit to Congress a report--
(A) reviewing the Federal milk marketing order system
established pursuant to section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, in light of
the reforms required by subsection (a);
(B) describing the efforts underway and the progress made
in implementing the reforms required by subsection (a); and
(C) containing such recommendations as the Secretary
considers appropriate for further improvements and reforms to
the Federal milk marketing order system.
(2) Effect of other laws.--Any limitation imposed by Act of
Congress on the conduct or completion of reports to Congress
shall not apply to the report required under this section,
unless the limitation specifically refers to this section.
SEC. 144. EFFECT ON FLUID MILK STANDARDS IN STATE OF
CALIFORNIA.
Nothing in this Act or any other provision of law shall be
construed to preempt, prohibit, or otherwise limit the
authority of the State of California, directly or indirectly,
to establish or continue to effect any law, regulation, or
requirement regarding--
(1) the percentage of milk solids or solids not fat in
fluid milk products sold at retail or marketed in the State
of California; or
(2) the labeling of such fluid milk products with regard to
milk solids or solids not fat.
SEC. 145. MILK MANUFACTURING MARKETING ADJUSTMENT.
(a) Maximum Allowances Established.--No State shall provide
for a manufacturing allowance for the processing of milk in
excess of--
(1) $1.65 per hundredweight of milk for milk manufactured
into butter and nonfat dry milk; and
[[Page 666]]
(2) $1.80 per hundredweight of milk for milk manufactured
into cheese.
(b) Manufacturing Allowance Defined.--In this section, the
term ``manufacturing allowance'' means--
(1) the amount by which the product price value of butter
and nonfat dry milk manufactured from a hundred pounds of
milk containing 3.5 pounds of butterfat and 8.7 pounds of
milk solids not fat resulting from a State's yield and
product price formulas exceeds the class price for the milk
used to produce those products; or
(2) the amount by which the product price value of cheese
manufactured from a hundred pounds of milk containing 3.5
pounds of butterfat and 8.7 pounds of milk solids not fat
resulting from a State's yield and product price formulas
exceeds the class price for the milk used to produce cheese.
(c) Effect of Violation.--If the Secretary determines
following a hearing that a State has in effect a
manufacturing allowance that exceeds the manufacturing
allowance authorized in subsection (a), the Secretary shall
suspend purchases of cheddar cheese, butter, and nonfat dry
milk produced in that State until such time as the State
complies with such subsection.
(d) Effective Date; Implementation.--This section (other
than subsection (e)) shall be effective during the period
beginning on the first day of the first month beginning after
the date of enactment of this title and ending on December
31, 1999. During that period, the Secretary may exercise the
authority provided to the Secretary under this section
without regard to the issuance of regulations intended to
carry out this section.
(e) Conforming Repeal.--Effective on the first day of the
first month beginning after the date of enactment of this
title, section 102 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 1446e-1) is repealed.
SEC. 146. PROMOTION.
(a) Congressional Purpose.--Section 1999B(a) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6401(a)) is amended--
(1) by redesignating paragraphs (6), (7) and (8) as
paragraphs (7), (8) and (9), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) the congressional purpose underlying this subtitle is
to maintain and expand markets for fluid milk products, not
to maintain or expand any processor's share of those markets
and that the subtitle does not prohibit or restrict
individual advertising or promotion of fluid milk products
since the programs created and funded by this subtitle are
not extended to replace individual advertising and promotion
efforts;''.
(b) Congressional Policy.--Section 1999B(b) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6401(b)) is amended to
read as follows:
``(b) Policy.--It is declared to be the policy of Congress
that it is in the public interest to authorize the
establishment, through the exercise of powers provided in
this subtitle, of an orderly procedure for developing,
financing, through adequate assessments on fluid milk
products produced in the United States and carrying out an
effective, continuous, and coordinated program of promotion,
research, and consumer information designed to strengthen the
position of the dairy industry in the marketplace and
maintain and expand domestic and foreign markets and uses for
fluid milk products, the purpose of which is not to compete
with or replace individual advertising or promotion efforts
designed to promote individual brand name or trade name fluid
milk products, but rather to maintain and expand the markets
for all fluid milk products, with the goal and purpose of
this subtitle being a national governmental goal that
authorizes and funds programs that result in government
speech promoting government objectives.''.
(c) Research.--Section 1999C(6) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6402(6)) is amended to read as follows:
``(6) Research.--The term `research' means market research
to support advertising and promotion efforts, including
educational activities, research directed to product
characteristics, product development, including new products
or improved technology in production, manufacturing or
processing of milk and the products of milk.''.
(d) Voting.--
(1) Initial referenda.--Section 1999N(b)(2) of the Fluid
Milk Promotion Act of 1990 (7 U.S.C. 6413(b)(2)) is amended
by striking ``all processors'' and inserting ``fluid milk
processors voting in the referendum''.
(2) Suspension or termination.--Section 1999O(c) of such
Act (7 U.S.C. 6414(c)) is amended--
(A) in paragraph (1), by striking ``all processors'' and
inserting ``fluid milk processors voting in the preceding
referendum''; and
(B) in paragraph (2)(B), by striking ``all processors'' and
inserting ``fluid milk processors voting in the referendum''.
(e) Duration.--Section 1999O(a) of the Fluid Milk Promotion
Act of 1990 (7 U.S.C. 6414(a)) is amended by striking
``1996'' and inserting ``2002''.
SEC. 147. NORTHEAST INTERSTATE DAIRY COMPACT.
Congress hereby consents to the Northeast Interstate Dairy
Compact entered into among the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island and Vermont as
specified in section 1(b) Senate Joint Resolution 28 of the
104th Congress, as placed on the calendar of the Senate,
subject to the following conditions:
(1) Finding of Compelling Public Interest.--Based upon a
finding by the Secretary of a compelling public interest in
the Compact region, the Secretary may grant the States that
have ratified the Northeast Interstate Dairy Compact, as of
the date of enactment of this title, the authority to
implement the Northeast Interstate Dairy Compact.
(2) Limitation on Manufacturing Price.--The Northeast
Interstate Dairy Compact Commission shall not regulate Class
II, Class III, or Class III-A milk used for manufacturing
purposes or any other milk, other than Class I (fluid) milk,
as defined by a Federal milk marketing order issued under
section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c)
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.
(3) Duration.--Consent for the Northeast Interstate Dairy
Compact shall terminate concurrent with the Secretary's
implementation of the dairy pricing and Federal milk
marketing order consolidation and reforms under section 143.
(4) Additional States.--Delaware, New Jersey, New York,
Pennsylvania, Maryland, and Virginia are the only additional
States that may join the Northeast Interstate Dairy Compact,
individually or otherwise, if upon entry the State is
contiguous to a participating State and if Congress consents
to the entry of the State into the Compact after the date of
enactment of this title.
(5) Compensation of Commodity Credit Corporation.--Before
the end of each fiscal year that a Compact price regulation
is in effect, the Northeast Interstate Dairy Compact
Commission shall compensate the Commodity Credit Corporation
for the cost of any purchases of milk and milk products by
the Corporation that result from the projected rate of
increase in milk production for the fiscal year within the
Compact region in excess of the projected national average
rate of the increase in milk production, as determined by the
Secretary.
(6) Milk Marketing Order Administrator.--At the request of
the Northeast Interstate Dairy Compact Commission, the
Administrator of the applicable Federal milk marketing order
issued under section 8(c)5 of the Agricultural Adjustment Act
(7 U.S.C. 608c), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, shall provide
technical assistance to the Compact Commission and be
compensated for that assistance.
(7) Further Conditions.--The Northeast Interstate Dairy
Compact Commission shall not prohibit or in any way limit the
marketing in the Compact region of any milk or milk product
produced in any other production area in the United States.
The Compact Commission shall respect and abide by the ongoing
procedures between Federal milk marketing orders with respect
to the sharing of proceeds from sales within the Compact
region of bulk milk, packaged milk, or producer milk
originating from outside of the Compact region. The Compact
Commission shall not use compensatory payments under section
10(6) of the Compact as a barrier to the entry of milk into
the Compact region or for any other purpose. Establishment of
a Compact over-order price, in itself, shall not be
considered a compensatory payment or a limitation or
prohibition on the marketing of milk.
SEC. 148. DAIRY EXPORT INCENTIVE PROGRAM.
(a) Duration.--Section 153(a) of the Food Security Act of
1985 (15 U.S.C. 713a-14(a)) is amended by striking ``2001''
and inserting ``2002''.
(b) Sole Discretion.--Section 153(b) of the Food Security
Act of 1985 (15 U.S.C. 713a-14(b)) is amended by inserting
``sole'' before ``discretion''.
(c) Elements of Program.--Section 153(c) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(c)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the maximum volume of dairy product exports allowable
consistent with the obligations of the United States as a
member of the World Trade Organization is exported under the
program each year (minus the volume sold under section 1163
of the Food Security Act of 1985 (Public Law 99-198; 7 U.S.C.
1731 note) during that year), except to the extent that the
export of such a volume under the program would, in the
judgment of the Secretary, exceed the limitations on the
value set forth in subsection (f); and
``(4) payments may be made under the program for exports to
any destination in the world for the purpose of market
development, except a destination in a country with respect
to which shipments from the United States are otherwise
restricted by law.''.
(d) Market Development.--Section 153(e)(1) of the Food
Security Act of 1985 (15 U.S.C. 713a-14(e)(1)) is amended--
(1) by striking ``and'' and inserting ``the''; and
(2) by inserting before the period the following: ``, and
any additional amount that may be required to assist in the
development of world markets for United States dairy
products''.
(e) Maximum Allowable Amounts.--Section 153 of the Food
Security Act of 1985 (15 U.S.C. 713a-14) is amended by adding
at the end the following:
``(f) Required Funding.--
``(1) In general.--Except as provided in paragraph (2), the
Commodity Credit Cor
[[Page 667]]
poration shall in each year use money and commodities for the
program under this section in the maximum amount consistent
with the obligations of the United States as a member of the
World Trade Organization, minus the amount expended under
section 1163 of the Food Security Act of 1985 (Public Law 99-
198; 7 U.S.C. 1731 note) during that year.
``(2) Volume limitations.--The Commodity Credit Corporation
may not exceed the limitations specified in subsection (c)(3)
on the volume of allowable dairy product exports.''.
SEC. 149. AUTHORITY TO ASSIST IN ESTABLISHMENT AND
MAINTENANCE OF ONE OR MORE EXPORT TRADING
COMPANIES.
The Secretary of Agriculture shall, consistent with the
obligations of the United States as a member of the World
Trade Organization, provide such advice and assistance to the
United States dairy industry as may be necessary to enable
that industry to establish and maintain one or more export
trading companies under the Export Trading Company Act of
1982 (15 U.S.C. 4001 et seq.) for the purpose of facilitating
the international market development for and exportation of
dairy products produced in the United States.
SEC. 150. STANDBY AUTHORITY TO INDICATE ENTITY BEST SUITED TO
PROVIDE INTERNATIONAL MARKET DEVELOPMENT AND
EXPORT SERVICES.
(a) Indication of Entity Best Suited To Assist
International Market Development for and Export of United
States Dairy Products.--The Secretary of Agriculture shall
indicate which entity or entities autonomous of the
Government of the United States, which seeks such a
designation, is best suited to facilitate the international
market development for and exportation of United States dairy
products, if the Secretary determines that--
(1) the United States dairy industry has not established an
export trading company under the Export Trading Company Act
of 1982 (15 U.S.C. 4001 et seq.) for the purpose of
facilitating the international market development for an
exportation of dairy products produced in the United States
on or before June 30, 1997; or
(2) the quantity of exports of United States dairy products
during the 12-month period preceding July 1, 1998 does not
exceed the quantity of exports of United States dairy
products during the 12-month period preceding July 1, 1997 by
1.5 billion pounds (milk equivalent, total solids basis).
(b) Funding of Export Activities.--The Secretary shall
assist the entity or entities identified under subsection (a)
in identifying sources of funding for the activities
specified in subsection (a) from within the dairy industry
and elsewhere.
(c) Application of Section.--This section shall apply only
during the period beginning on July 1, 1997 and ending on
September 30, 2000.
SEC. 151. STUDY AND REPORT REGARDING POTENTIAL IMPACT OF
URUGUAY ROUND ON PRICES, INCOME, AND GOVERNMENT
PURCHASES.
(a) Study.--The Secretary of Agriculture shall conduct a
study, on a variety by variety of cheese basis, to determine
the potential impact on milk prices in the United States,
dairy producer income, and Federal dairy program costs, of
the allocation of additional cheese granted access to the
United States as a result of the obligations of the United
States as a member of the world Trade Organization.
(b) Report.--Not later than June 30, 1997, the Secretary
shall report to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of
the House of Representatives the results of the study
conducted under this section.
(c) Rule of Construction.--Any limitation imposed by Act of
Congress on the conduct or completion of studies or reports
to Congress shall not apply to the study and report required
under this section, unless the limitation specifically refers
to this section.
SEC. 152. PROMOTION OF UNITED STATES DAIRY PRODUCTS IN
INTERNATIONAL MARKETS THROUGH DAIRY PROMOTION
PROGRAM.
Section 113(e) of the Dairy Production Stabilization Act of
1983 (7 U.S.C. 4504(e)) is amended by adding at the end the
following new sentence: ``For each of fiscal years 1997
through 2001, the Board's budget may provide for the
expenditure of revenues available to the Board to develop
international markets for, and to promote within such
markets, the consumption of dairy products produced in the
United States from milk produced in the United States.''.
CHAPTER 2--PEANUTS AND SUGAR
SEC. 155. PEANUT PROGRAM.
(a) Quota Peanuts.--
(1) Availability of loans.--The Secretary shall make
nonrecourse loans available to producers of quota peanuts.
(2) Loan rate.--The national average quota loan rate for
quota peanuts shall be $610 per ton.
(3) Inspection, handling, or storage.--The loan amount may
not be reduced by the Secretary by any deductions for
inspection, handling, or storage.
(4) Location and other factors.--The Secretary may make
adjustments in the loan rate for quota peanuts for location
of peanuts and such other factors as are authorized by
section 162.
(5) Offers from handlers.--If a producer markets a quota
peanut crop, meeting quality requirements for domestic edible
use, through the marketing association loan for two
consecutive marketing years and the Secretary determines that
a handler provided the producer with a written offer, upon
delivery, for the purchase of the quota peanut crops at a
price equal to or in excess of the quota support price, the
producer shall be ineligible for quota price support for the
next marketing year. The Secretary shall establish the method
by which a producer may appeal a determination under this
paragraph regarding ineligibility for quota price support.
(b) Additional Peanuts.--
(1) In general.--Subject to paragraph (2), the Secretary
shall make nonrecourse loans available to producers of
additional peanuts at such rates as the Secretary finds
appropriate, taking into consideration the demand for peanut
oil and peanut meal, expected prices of other vegetable oils
and protein meals, and the demand for peanuts in foreign
markets.
(2) Limitation.--The Secretary shall establish the support
rate on additional peanuts at a level estimated by the
Secretary to ensure that there are no losses to the Commodity
Credit Corporation on the sale or disposal of the peanuts.
(3) Announcement.--The Secretary shall announce the loan
rate for additional peanuts of each crop not later than
February 15 preceding the marketing year for the crop for
which the loan rate is being determined.
(c) Area Marketing Associations.--
(1) Warehouse storage loans.--
(A) In general.--In carrying out subsections (a) and (b),
the Secretary shall make warehouse storage loans available in
each of the producing areas (described in section 1446.95 of
title 7 of the Code of Federal Regulations (January 1, 1989))
to a designated area marketing association of peanut
producers that is selected and approved by the Secretary and
that is operated primarily for the purpose of conducting the
loan activities. The Secretary may not make warehouse storage
loans available to any cooperative that is engaged in
operations or activities concerning peanuts other than those
operations and activities specified in this section and
section 358e of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359a).
(B) Administrative and supervisory activities.--An area
marketing association shall be used in administrative and
supervisory activities relating to loans and marketing
activities under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(C) Association costs.--Loans made to the association under
this paragraph shall include such costs as the area marketing
association reasonably may incur in carrying out the
responsibilities, operations, and activities of the
association under this section and section 358e of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359a).
(2) Pools for quota and additional peanuts.--
(A) In general.--The Secretary shall require that each area
marketing association establish pools and maintain complete
and accurate records by area and segregation for quota
peanuts handled under loan and for additional peanuts placed
under loan, except that separate pools shall be established
for Valencia peanuts produced in New Mexico.
(B) Eligibility to participate in new mexico pools.--
(i) In general.--Except as provided in clause (ii), in the
case of the 1996 and subsequent crops, Valencia peanuts not
physically produced in the State of New Mexico shall not be
eligible to participate in the pools of the State.
(ii) Exception.--A producer of Valencia peanuts may enter
Valencia peanuts that are produced in Texas into the pools of
New Mexico in a quantity not greater than the average annual
quantity of the peanuts that the producer entered into the
New Mexico pools for the 1990 through 1995 crops.
(C) Types of peanuts.--Bright hull and dark hull Valencia
peanuts shall be considered as separate types for the purpose
of establishing the pools.
(D) Net gains.--Net gains on peanuts in each pool, unless
otherwise approved by the Secretary, shall be distributed
only to producers who placed peanuts in the pool and shall be
distributed in proportion to the value of the peanuts placed
in the pool by each producer. Net gains for peanuts in each
pool shall consist of the following:
(i) Quota peanuts.--For quota peanuts, the net gains over
and above the loan indebtedness and other costs or losses
incurred on peanuts placed in the pool.
(ii) Additional peanuts.--For additional peanuts, the net
gains over and above the loan indebtedness and other costs or
losses incurred on peanuts placed in the pool for additional
peanuts.
(d) Losses.--Losses in quota area pools shall be covered
using the following sources in the following order of
priority:
(1) Transfers from additional loan pools.--The proceeds due
any producer from any pool shall be reduced by the amount of
any loss that is incurred with respect to peanuts transferred
from an additional loan pool to a quota loan pool by the
producer under section 358-1(b)(8) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358-1(b)(8)).
(2) Producers in same pool.--Further losses in an area
quota pool shall be offset by reducing the gain of any
producer in the pool by the amount of pool gains attributed
to the same producer from the sale of additional peanuts for
domestic and edible export use.
[[Page 668]]
(3) Offset within area.--Further losses in an area quota
pool shall be offset by any gains or profits from additional
peanuts (other than separate type pools established under
subsection (c)(2)(A) for Valencia peanuts produced in New
Mexico) owned or controlled by the Commodity Credit
Corporation in that area and sold for domestic edible use, in
accordance with regulations issued by the Secretary. This
paragraph shall not apply to profits or gains from a farm
with 1 acre or less of peanut production.
(4) First use of marketing assessments.--The Secretary
shall use funds collected under subsection (g) (except funds
attributable to handlers) to offset further losses in area
quota pools. The Secretary shall transfer to the Treasury
those funds collected under subsection (g) and available for
use under this paragraph that the Secretary determines are
not required to cover losses in area quota pools.
(5) Cross compliance.--Further losses in area quota pools,
other than losses incurred as a result of transfers from
additional loan pools to quota loan pools under section 358-
1(b)(8) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1358-1(b)(8)), shall be offset by any gains or profits from
quota pools in other production areas (other than separate
type pools established under subsection (c)(2)(A) for
Valencia peanuts produced in New Mexico) in such manner as
the Secretary shall by regulation prescribe.
(6) Offset generally.--If losses in an area quota pool have
not been entirely offset under the preceding paragraphs,
further losses shall be offset by any gains or profits from
additional peanuts (other than separate type pools
established under subsection (c)(2)(A) for Valencia peanuts
produced in New Mexico) owned or controlled by the Commodity
Credit Corporation and sold for domestic edible use, in
accordance with regulations issued by the Secretary. This
paragraph shall not apply to profits or gains from a farm
with 1 acre or less of peanut production.
(7) Second use of marketing assessments.--The Secretary
shall use funds collected under subsection (g) and
attributable to handlers to offset further losses in area
quota pools. The Secretary shall transfer to the Treasury
those funds collected under subsection (g) and available for
use under this paragraph that the Secretary determines are
not required to cover losses in area quota pools.
(8) Increased assessments.--If use of the authorities
provided in the preceding paragraphs is not sufficient to
cover losses in an area quota pool, the Secretary shall
increase the marketing assessment for producers established
under subsection (g) by such an amount as the Secretary
considers necessary to cover the losses. The increased
assessment shall apply only to quota peanuts in the
production area covered by the pool. Amounts collected under
subsection (g) as a result of the increased assessment shall
be retained by the Secretary to cover losses in that pool.
(e) Disapproval of Quotas.--Notwithstanding any other
provision of law, no loan for quota peanuts may be made
available by the Secretary for any crop of peanuts with
respect to which poundage quotas have been disapproved by
producers, as provided for in section 358-1(d) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(d)).
(f) Quality Improvement.--
(1) In general.--With respect to peanuts under loan, the
Secretary shall--
(A) promote the crushing of peanuts at a greater risk of
deterioration before peanuts of a lesser risk of
deterioration;
(B) ensure that all Commodity Credit Corporation
inventories of peanuts sold for domestic edible use must be
shown to have been officially inspected by licensed
Department inspectors both as farmer stock and shelled or
cleaned in-shell peanuts;
(C) continue to endeavor to operate the peanut program so
as to improve the quality of domestic peanuts and ensure the
coordination of activities under the Peanut Administrative
Committee established under Marketing Agreement No. 146,
regulating the quality of domestically produced peanuts
(under the Agricultural Adjustment Act (7 U.S.C. 601 et
seq.), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937); and
(D) ensure that any changes made in the peanut program as a
result of this subsection requiring additional production or
handling at the farm level shall be reflected as an upward
adjustment in the Department loan schedule.
(2) Exports and other peanuts.--The Secretary shall require
that all peanuts in the domestic and export markets fully
comply with all quality standards under Marketing Agreement
No. 146.
(g) Marketing Assessment.--
(1) In general.--The Secretary shall provide for a
nonrefundable marketing assessment. The assessment shall be
made on a per pound basis in an amount equal to 1.1 percent
for each of the 1994 and 1995 crops, 1.15 percent for the
1996 crop, and 1.2 percent for each of the 1997 through 2002
crops, of the national average quota or additional peanut
loan rate for the applicable crop.
(2) First purchasers.--
(A) In general.--Except as provided under paragraphs (3)
and (4), the first purchaser of peanuts shall--
(i) collect from the producer a marketing assessment equal
to the quantity of peanuts acquired multiplied by--
(I) in the case of each of the 1994 and 1995 crops, .55
percent of the applicable national average loan rate;
(II) in the case of the 1996 crop, .6 percent of the
applicable national average loan rate; and
(III) in the case of each of the 1997 through 2002 crops,
.65 percent of the applicable national average loan rate;
(ii) pay, in addition to the amount collected under clause
(i), a marketing assessment in an amount equal to the
quantity of peanuts acquired multiplied by .55 percent of the
applicable national average loan rate; and
(iii) remit the amounts required under clauses (i) and (ii)
to the Commodity Credit Corporation in a manner specified by
the Secretary.
(B) Definition of first purchaser.--In this subsection, the
term ``first purchaser'' means a person acquiring peanuts
from a producer except that in the case of peanuts forfeited
by a producer to the Commodity Credit Corporation, the term
means the person acquiring the peanuts from the Commodity
Credit Corporation.
(3) Other private marketings.--In the case of a private
marketing by a producer directly to a consumer through a
retail or wholesale outlet or in the case of a marketing by
the producer outside of the continental United States, the
producer shall be responsible for the full amount of the
assessment and shall remit the assessment by such time as is
specified by the Secretary.
(4) Loan peanuts.--In the case of peanuts that are pledged
as collateral for a loan made under this section, the
producer portion of the assessment shall be deducted from the
proceeds of the loan. The remainder of the assessment shall
be paid by the first purchaser of the peanuts. For purposes
of computing net gains on peanuts under this section, the
reduction in loan proceeds shall be treated as having been
paid to the producer.
(5) Penalties.--If any person fails to collect or remit the
reduction required by this subsection or fails to comply with
the requirements for recordkeeping or otherwise as are
required by the Secretary to carry out this subsection, the
person shall be liable to the Secretary for a civil penalty
up to an amount determined by multiplying--
(A) the quantity of peanuts involved in the violation; by
(B) the national average quota peanut rate for the
applicable crop year.
(6) Enforcement.--The Secretary may enforce this subsection
in the courts of the United States.
(h) Crops.--Subsections (a) through (g) shall be effective
only for the 1996 through 2002 crops of peanuts.
(i) Poundage Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 is amended--
(A) in section 358-1 (7 U.S.C. 1358-1)--
(i) in the section heading, by striking ``1991 THROUGH 1997
CROPS OF'';
(ii) in subsections (a)(1), (b)(1)(B), (b)(2)(A),
(b)(2)(C), and (b)(3)(A), by striking ``of the 1991 through
1997 marketing years'' each place it appears and inserting
``marketing year'';
(iii) in subsection (a)(3), by striking ``1990'' and
inserting ``1990, for the 1991 through 1995 marketing years,
and 1995, for the 1996 through 2002 marketing years'';
(iv) in subsection (b)(1)(A)--
(I) by striking ``each of the 1991 through 1997 marketing
years'' and inserting ``each marketing year''; and
(II) in clause (i), by inserting before the semicolon the
following: ``, in the case of the 1991 through 1995 marketing
years, and the 1995 marketing year, in the case of the 1996
through 2002 marketing years'';
(v) in subsection (b)(1), by adding at the end the
following:
``(D) Certain farms ineligible for quota.--Effective
beginning with the 1998 crop, the Secretary shall not
establish a farm poundage quota under subparagraph (A) for a
farm owned or controlled by--
``(i) a municipality, airport authority, school, college,
refuge, or other public entity (other than a university used
for research purposes); or
``(ii) a person who is not a producer and resides in
another State.'';
(vi) in subsection (b)(2), by adding at the end the
following:
``(E) Transfer of quota from ineligible farms.--Any farm
poundage quota held at the end of the 1996 marketing year by
a farm described in paragraph (1)(D) shall be allocated to
other farms in the same State on such basis as the Secretary
may by regulation prescribe.''; and
(vii) in subsection (f), by striking ``1997'' and inserting
``2002'';
(B) in section 358b (7 U.S.C. 1358b)--
(i) in the section heading, by striking ``1991 THROUGH 1995
CROPS OF''; and
(ii) in subsection (c), by striking ``1995'' and inserting
``2002'';
(C) in section 358c(d) (7 U.S.C. 1358c(d)), by striking
``1995'' and inserting ``2002''; and
(D) in section 358e (7 U.S.C. 1359a)--
(i) in the section heading, by striking ``FOR 1991 THROUGH
1997 CROPS OF PEANUTS''; and
(ii) in subsection (i), by striking ``1997'' and inserting
``2002''.
(2) Elimination of quota floor.--Section 358-1(a)(1) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(a)(1))
is amended by striking the second sentence.
(3) Temporary quota allocation.--Section 358-1 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1) is
amended--
[[Page 669]]
(A) in subsection (a)(1), by striking ``domestic edible,
seed,'' and inserting ``domestic edible use (except seed)'';
and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking ``subparagraph (B) and
subject to''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Temporary quota allocation.--
``(i) Allocation related to seed peanuts.--Temporary
allocation of quota pounds for the marketing year only in
which the crop is planted shall be made to producers for each
of the 1996 through 2002 marketing years as provided in this
subparagraph.
``(ii) Quantity.--The temporary quota allocation shall be
equal to the pounds of seed peanuts planted on the farm, as
may be adjusted and determined under regulations prescribed
by the Secretary.
``(iii) Additional quota.--The temporary allocation of
quota pounds under this paragraph shall be in addition to the
farm poundage quota otherwise established under this
subsection and shall be credited, for the applicable
marketing year only, in total, to the producer of the peanuts
on the farm in a manner prescribed by the Secretary.
``(iv) Effect of other requirements.--Nothing in this
section alters or changes the requirements regarding the use
of quota and additional peanuts established by section
358e(b).''.
(4) Undermarketings.--Part VI of subtitle B of title III of
the Agricultural Adjustment Act of 1938 is amended--
(A) in section 358-1(b) (7 U.S.C. 1358-1(b))--
(i) in paragraph (1)(B), by striking ``including--'' and
clauses (i) and (ii) and inserting ``including any increases
resulting from the allocation of quotas voluntarily released
for 1 year under paragraph (7).'';
(ii) in paragraph (3)(B), by striking ``include--'' and
clauses (i) and (ii) and inserting ``include any increase
resulting from the allocation of quotas voluntarily released
for 1 year under paragraph (7).''; and
(iii) by striking paragraphs (8) and (9); and
(B) in section 358b(a) (7 U.S.C. 1358b(a))--
(i) in paragraph (2), by striking ``(including any
applicable under marketings)''; and
(ii) in paragraph (3), by striking ``(including any
applicable undermarketings)''.
(5) Disaster transfers.--Section 358-1(b) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(b)), as
amended by paragraph (4)(A)(iii), is amended by adding at the
end the following:
``(8) Disaster transfers.--
``(A) In general.--Except as provided in subparagraph (B),
additional peanuts produced on a farm from which the quota
poundage was not harvested and marketed because of drought,
flood, or any other natural disaster, or any other condition
beyond the control of the producer, may be transferred to the
quota loan pool for pricing purposes on such basis as the
Secretary shall by regulation provide.
``(B) Limitation.--The poundage of peanuts transferred
under subparagraph (A) shall not exceed the difference
between--
``(i) the total quantity of peanuts meeting quality
requirements for domestic edible use, as determined by the
Secretary, marketed from the farm; and
``(ii) the total farm poundage quota, excluding quota
pounds transferred to the farm in the fall.
``(C) Support rate.--Peanuts transferred under this
paragraph shall be supported at 70 percent of the quota
support rate for the marketing years in which the transfers
occur. The transfers for a farm shall not exceed 25 percent
of the total farm quota pounds, excluding pounds transferred
in the fall.''.
(6) Sale or lease.--Section 358b(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1358b(a)) is amended--
(A) by striking paragraph (1) and inserting the following:
``(1) Sale and lease authority.--
``(A) Sale or lease within same state.--Subject to
subparagraph (B) and such terms and conditions as the
Secretary may prescribe, the owner, or operator with the
permission of the owner, of a farm in a State for which a
farm poundage quota has been established may sell or lease
all or any part of the poundage quota to any other owner or
operator of a farm within the same State for transfer to the
farm. However, any such lease of poundage quota may be
entered into in the fall or after the normal planting
season--
``(i) if not less than 90 percent of the basic quota (the
farm quota and temporary quota transfers), plus any poundage
quota transferred to the farm under this subsection, has been
planted or considered planted on the farm from which the
quota is to be leased; and
``(ii) under such terms and conditions as the Secretary may
by regulation prescribe.
``In the case of a fall transfer or a transfer after the
normal planting season by a cash lessee, the landowner shall
not be required to sign the transfer authorization. A fall
transfer or a transfer after the normal planting season may
be made not later than 72 hours after the peanuts that are
the subject of the transfer are inspected and graded.
``(B) Percentage limitations on spring transfers.--Spring
transfers under subparagraph (A) by sale or lease of a quota
for farms in a county to any owner or operator of a farm
outside the county within the same State shall not exceed the
applicable percentage specified in this subparagraph of the
quotas of all farms in the originating county (as of January
1, 1996) for the crop year in which the transfer is made,
plus the total amount of quotas eligible for transfer from
the originating county in the preceding crop year that were
not transferred in that year or that were transferred through
an expired lease. However, not more than an aggregate of 40
percent of the total poundage quota within a county (as of
January 1, 1996) may be transferred outside of the county.
Cumulative unexpired transfers outside of a county may not
exceed for a crop year the following:
``(i) For the 1996 crop, 15 percent.
``(ii) For the 1997 crop, 25 percent.
``(iii) For the 1998 crop, 30 percent.
``(iv) For the 1999 crop, 35 percent.
``(v) For the 2000 and subsequent crops, not more than an
aggregate of 40 percent of the total poundage quota within
the county as of January 1, 1996.
``(C) Clarification regarding fall transfers.--The
limitation in subparagraph (B) does not apply to 1-year fall
transfers, which in all cases may be made to any farm in the
same State.
``(D) Effect of transfer.--Any farm poundage quota
transferred under this paragraph shall not result in any
reduction in the farm poundage quota for the transferring
farm if the transferred quota is produced or considered
produced on the receiving farm.''; and
(B) by adding at the end the following:
``(4) Transfers in counties with small quotas.--
Notwithstanding paragraphs (1) and (2), in the case of any
county in a State for which the poundage quota allocated to
the county was less than 100,000 pounds for the preceding
year's crop, all or any part of a farm poundage quota may be
transferred by sale or lease or otherwise from a farm in the
county to a farm in another county in the same State.''.
SEC. 156. SUGAR PROGRAM.
(a) Sugarcane.--The Secretary shall make loans available to
processors of domestically grown sugarcane at a rate equal to
18 cents per pound for raw cane sugar.
(b) Sugar Beets.--The Secretary shall make loans available
to processors of domestically grown sugar beets at a rate
equal to 22.9 cents per pound for refined beet sugar.
(c) Reduction in Loan Rates.--
(1) Reduction required.--The Secretary shall reduce the
loan rate specified in subsection (a) for domestically grown
sugarcane and subsection (b) for domestically grown sugar
beets if the Secretary determines that negotiated reductions
in export subsidies and domestic subsidies provided for sugar
of other major sugar growing, producing, and exporting
countries in the aggregate exceed the commitments made as
part of the Agreement on Agriculture.
(2) Extent of reduction.--The Secretary shall not reduce
the loan rate under subsection (a) or (b) below a rate that
provides an equal measure of support to that provided by
other major sugar growing, producing, and exporting
countries, based on an examination of both domestic and
export subsidies subject to reduction in the Agreement on
Agriculture.
(3) Announcement of reduction.--The Secretary shall
announce any loan rate reduction to be made under this
subsection as far in advance as is practicable.
(4) Definitions.--In this subsection:
(A) Agreement on agriculture.--The term ``Agreement on
Agriculture'' means the Agreement on Agriculture referred to
in section 101(d)(2) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(2)).
(B) Major sugar countries.--The term ``major sugar growing,
producing, and exporting countries'' means--
(i) the countries of the European Union; and
(ii) the 10 foreign countries not covered by subparagraph
(A) that the Secretary determines produce the greatest
quantity of sugar.
(d) Term of Loans.--
(1) In general.--A loan under this section during any
fiscal year shall be made available not earlier than the
beginning of the fiscal year and shall mature at the earlier
of--
(A) the end of the 9-month period beginning on the first
day of the first month after the month in which the loan is
made; or
(B) the end of the fiscal year in which the loan is made.
(2) Supplemental loans.--In the case of a loan made under
this section in the last 3 months of a fiscal year, the
processor may repledge the sugar as collateral for a second
loan in the subsequent fiscal year, except that the second
loan shall--
(A) be made at the loan rate in effect at the time the
second loan is made; and
(B) mature in 9 months less the quantity of time that the
first loan was in effect.
(e) Loan Type; Processor Assurances.--
(1) Recourse loans.--Subject to paragraph (2), the
Secretary shall carry out this section through the use of
recourse loans.
(2) Nonrecourse loans.--During any fiscal year in which the
tariff rate quota for imports of sugar into the United States
is established at, or is increased to, a level in excess of
1,500,000 short tons raw value, the Secretary shall carry out
this section by making available nonrecourse loans. Any
recourse loan previously made available by the Secretary
under this section during the fiscal year shall be changed by
the Secretary into a nonrecourse loan.
(3) Processor assurances.--If the Secretary is required
under paragraph (2) to make nonrecourse loans available
during a fiscal year or to change recourse loans into
nonrecourse loans, the Secretary shall ob
[[Page 670]]
tain from each processor that receives a loan under this
section such assurances as the Secretary considers adequate
to ensure that the processor will provide payments to
producers that are proportional to the value of the loan
received by the processor for sugar beets and sugarcane
delivered by producers served by the processor. The Secretary
may establish appropriate minimum payments for purposes of
this paragraph.
(f) Marketing Assessment.--
(1) Sugarcane.--Effective for marketings of raw cane sugar
during the 1996 through 2003 fiscal years, the first
processor of sugarcane shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996, 1.1
percent of the loan rate established under subsection (a) per
pound of raw cane sugar, processed by the processor from
domestically produced sugarcane or sugarcane molasses, that
has been marketed (including the transfer or delivery of the
sugar to a refinery for further processing or marketing); and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.375 percent of the loan rate established
under subsection (a) per pound of raw cane sugar, processed
by the processor from domestically produced sugarcane or
sugarcane molasses, that has been marketed (including the
transfer or delivery of the sugar to a refinery for further
processing or marketing).
(2) Sugar beets.--Effective for marketings of beet sugar
during the 1996 through 2003 fiscal years, the first
processor of sugar beets shall remit to the Commodity Credit
Corporation a nonrefundable marketing assessment in an amount
equal to--
(A) in the case of marketings during fiscal year 1996,
1.1794 percent of the loan rate established under subsection
(a) per pound of beet sugar, processed by the processor from
domestically produced sugar beets or sugar beet molasses,
that has been marketed; and
(B) in the case of marketings during each of fiscal years
1997 through 2003, 1.47425 percent of the loan rate
established under subsection (a) per pound of beet sugar,
processed by the processor from domestically produced sugar
beets or sugar beet molasses, that has been marketed.
(3) Collection.--
(A) Timing.--A marketing assessment required under this
subsection shall be collected on a monthly basis and shall be
remitted to the Commodity Credit Corporation not later than
30 days after the end of each month. Any cane sugar or beet
sugar processed during a fiscal year that has not been
marketed by September 30 of the year shall be subject to
assessment on that date. The sugar shall not be subject to a
second assessment at the time that it is marketed.
(B) Manner.--Subject to subparagraph (A), marketing
assessments shall be collected under this subsection in the
manner prescribed by the Secretary and shall be
nonrefundable.
(4) Penalties.--If any person fails to remit the assessment
required by this subsection or fails to comply with such
requirements for recordkeeping or otherwise as are required
by the Secretary to carry out this subsection, the person
shall be liable to the Secretary for a civil penalty up to an
amount determined by multiplying--
(A) the quantity of cane sugar or beet sugar involved in
the violation; by
(B) the loan rate for the applicable crop of sugarcane or
sugar beets.
(5) Enforcement.--The Secretary may enforce this subsection
in a court of the United States.
(g) Forfeiture Penalty.--
(1) In general.--A penalty shall be assessed on the
forfeiture of any sugar pledged as collateral for a
nonrecourse loan under this section.
(2) Cane sugar.--The penalty for cane sugar shall be 1 cent
per pound.
(3) Beet sugar.--The penalty for beet sugar shall bear the
same relation to the penalty for cane sugar as the marketing
assessment for sugar beets bears to the marketing assessment
for sugarcane.
(4) Effect of forfeiture.--Any payments owed producers by a
processor that forfeits any sugar pledged as collateral for a
nonrecourse loan shall be reduced in proportion to the loan
forfeiture penalty incurred by the processor.
(h) Information Reporting.--
(1) Duty of processors and refiners to report.--A sugarcane
processor, cane sugar refiner, and sugar beet processor shall
furnish the Secretary, on a monthly basis, such information
as the Secretary may require to administer sugar programs,
including the quantity of purchases of sugarcane, sugar
beets, and sugar, and production, importation, distribution,
and stock levels of sugar.
(2) Penalty.--Any person willfully failing or refusing to
furnish the information, or furnishing willfully any false
information, shall be subject to a civil penalty of not more
than $10,000 for each such violation.
(3) Monthly reports.--Taking into consideration the
information received under paragraph (1), the Secretary shall
publish on a monthly basis composite data on production,
imports, distribution, and stock levels of sugar.
(i) Crops.--This section (other than subsection (f)) shall
be effective only for the 1996 through 2002 crops of sugar
beets and sugarcane.
Subtitle E--Administration
SEC. 161. ADMINISTRATION.
(a) Use of Commodity Credit Corporation.--The Secretary
shall carry out this title through the Commodity Credit
Corporation.
(b) Limitation on Expenditure of Commodity Credit
Corporation Funds.--
(1) General powers and responsibilities.--Section 4 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714b) is
amended--
(A) in the first sentence of subsection (g), by inserting
before the period the following: ``, except that obligations
under all such contracts or agreements (other than
reimbursable agreements under section 11) for equipment or
services relating to automated data processing, information
technologies, or related items (including telecommunications
equipment and computer hardware and software) may not exceed
$170,000,000 in fiscal year 1996 and not more than
$275,000,000 in the 6-fiscal year period beginning on October
1, 1996, unless additional amounts for such contracts and
agreements are provided in advance in appropriation Acts'';
and
(B) in subsection (h), by striking ``shall have power to
acquire personal property necessary to the conduct of its
business but''.
(2) Reimbursable agreements.--Section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i) is amended by
adding at the end the following: ``After September 30, 1996,
the total amount of all allotments and fund transfers from
the Corporation under this section (including allotments and
transfers for automated data processing or information
resource management activities) for a fiscal year may not
exceed the total amount of the allotments and transfers made
under this section in fiscal year 1995.''.
(3) Reporting requirements.--Section 13 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714k) is amended by
adding at the end the following: ``In addition to the annual
report, the Corporation shall submit to Congress on a
quarterly basis an itemized report of all expenditures over
$10,000 made under section 5 or 11 during the period covered
by the report, including expenditures in the form of
allotments or fund transfers to other agencies and
departments of the Federal Government.''.
(c) Determinations by Secretary.--A determination made by
the Secretary under this title shall be final and conclusive.
(d) Regulations.--Not later than 90 days after the date of
enactment of this title, the Secretary and the Commodity
Credit Corporation, as appropriate, shall issue such
regulations as are necessary to implement this title. The
issuance of the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804) relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
know as the ``Paperwork Reduction Act'').
SEC. 162. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--The Secretary may make
appropriate adjustments in the loan rates for any commodity
for differences in grade, type, quality, location, and other
factors.
(b) Manner of Adjustment.--The adjustments under the
authority of this section shall, to the maximum extent
practicable, be made in such manner that the average loan
level for the commodity will, on the basis of the anticipated
incidence of the factors, be equal to the level of support
determined as provided in this title.
(c) Adjustment on County Basis.--The Secretary may
establish loan rates for a crop for producers in individual
counties in a manner that results in the lowest such rate
being 95 percent of the national average loan rate, except
that such action shall not result in an increase in outlays.
Adjustments under this subsection shall not result in an
increase in the national average loan rate for any year.
SEC. 163. COMMODITY CREDIT CORPORATION INTEREST RATE.
Notwithstanding any other provision of law, the monthly
Commodity Credit Corporation interest rate applicable to
loans provided for agricultural commodities by the
Corporation shall be 100 basis points greater than the rate
determined under the applicable interest rate formula in
effect on October 1, 1995.
SEC. 164. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
(a) In General.--Except as provided in subsection (b), no
producer shall be personally liable for any deficiency
arising from the sale of the collateral securing any
nonrecourse loan made under this title unless the loan was
obtained through a fraudulent representation by the producer.
(b) Limitations.--Subsection (a) shall not prevent the
Commodity Credit Corporation or the Secretary from requiring
a producer to assume liability for--
(1) a deficiency in the grade, quality, or quantity of a
commodity stored on a farm or delivered by the producer;
(2) a failure to properly care for and preserve a
commodity; or
(3) a failure or refusal to deliver a commodity in
accordance with a program established under this title.
(c) Acquisition of Collateral.--In the case of a
nonrecourse loan made under this title or the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.), if
the Commodity Credit Corporation acquires title to the
unredeemed collateral, the Corporation shall be under no
obligation to pay for
[[Page 671]]
any market value that the collateral may have in excess of
the loan indebtedness.
(d) Sugarcane and Sugar Beets.--A security interest
obtained by the Commodity Credit Corporation as a result of
the execution of a security agreement by the processor of
sugarcane or sugar beets shall be superior to all statutory
and common law liens on raw cane sugar and refined beet sugar
in favor of the producers of sugarcane and sugar beets and
all prior recorded and unrecorded liens on the crops of
sugarcane and sugar beets from which the sugar was derived.
SEC. 165. COMMODITY CREDIT CORPORATION SALES PRICE
RESTRICTIONS.
(a) General Sales Authority.--The Commodity Credit
Corporation may sell any commodity owned or controlled by the
Corporation at any price that the Secretary determines will
maximize returns to the Corporation.
(b) Nonapplication of Sales Price Restrictions.--Subsection
(a) shall not apply to--
(1) a sale for a new or byproduct use;
(2) a sale of peanuts or oilseeds for the extraction of
oil;
(3) a sale for seed or feed if the sale will not
substantially impair any loan program;
(4) a sale of a commodity that has substantially
deteriorated in quality or as to which there is a danger of
loss or waste through deterioration or spoilage;
(5) a sale for the purpose of establishing a claim arising
out of a contract or against a person who has committed
fraud, misrepresentation, or other wrongful act with respect
to the commodity;
(6) a sale for export, as determined by the Corporation;
and
(7) a sale for other than a primary use.
(c) Presidential Disaster Areas.--
(1) In general.--Notwithstanding subsection (a), on such
terms and conditions as the Secretary may consider in the
public interest, the Corporation may make available any
commodity or product owned or controlled by the Corporation
for use in relieving distress--
(A) in any area in the United States (including the Virgin
Islands) declared by the President to be an acute distress
area because of unemployment or other economic cause, if the
President finds that the use will not displace or interfere
with normal marketing of agricultural commodities; and
(B) in connection with any major disaster determined by the
President to warrant assistance by the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(2) Costs.--Except on a reimbursable basis, the Corporation
shall not bear any costs in connection with making a
commodity available under paragraph (1) beyond the cost of
the commodity to the Corporation incurred in--
(A) the storage of the commodity; and
(B) the handling and transportation costs in making
delivery of the commodity to designated agencies at 1 or more
central locations in each State or other area.
(d) Efficient Operations.--Subsection (a) shall not apply
to the sale of a commodity the disposition of which is
desirable in the interest of the effective and efficient
conduct of the operations of the Corporation because of the
small quantity of the commodity involved, or because of the
age, location, or questionable continued storability of the
commodity.
Subtitle F--Permanent Price Support Authority
SEC. 171. SUSPENSION AND REPEAL OF PERMANENT PRICE SUPPORT
AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--
(1) Suspensions.--The following provisions of the
Agricultural Adjustment Act of 1938 shall not be applicable
to the 1996 through 2002 crops of loan commodities, peanuts,
and sugar and shall not be applicable to milk during the
period beginning on the date of enactment of this title and
ending on December 31, 2002:
(A) Parts II through V of subtitle B of title III (7 U.S.C.
1326-1351).
(B) Subsections (a) through (j) of section 358 (7 U.S.C.
1358).
(C) Subsections (a) through (h) of section 358a (7 U.S.C.
1358a).
(D) Subsections (a), (b), (d), and (e) of section 358d (7
U.S.C. 1359).
(E) Part VII of subtitle B of title III (7 U.S.C. 1359aa-
1359jj).
(F) In the case of peanuts, part I of subtitle C of title
III (7 U.S.C. 1361-1368).
(G) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(H) Subtitle D of title III (7 U.S.C. 1379a-1379j).
(I) Title IV (7 U.S.C. 1401-1407).
(2) Reports and records.--Effective only for the 1996
through 2002 crops of peanuts, the first sentence of section
373(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1373(a)) is amended by inserting before ``all brokers and
dealers in peanuts'' the following: ``all producers engaged
in the production of peanuts,''.
(b) Agricultural Act of 1949.--
(1) Suspensions.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 1996
through 2002 crops of loan commodities, peanuts, and sugar
and shall not be applicable to milk during the period
beginning on the date of enactment of this title and ending
on December 31, 2002:
(A) Section 101 (7 U.S.C. 1441).
(B) Section 103(a) (7 U.S.C. 1444(a)).
(C) Section 105 (7 U.S.C. 1444b).
(D) Section 107 (7 U.S.C. 1445a).
(E) Section 110 (7 U.S.C. 1445e).
(F) Section 112 (7 U.S.C. 1445g).
(G) Section 115 (7 U.S.C. 1445k).
(H) Section 201 (7 U.S.C. 1446).
(I) Title III (7 U.S.C. 1447-1449).
(J) Title IV (7 U.S.C. 1421-1433d), other than sections
404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).
(K) Title V (7 U.S.C. 1461-1469).
(L) Title VI (7 U.S.C. 1471-1471j).
(2) Repeals.--The following provisions of the Agricultural
Act of
(A) Section 101B (7 U.S.C. 1441-2).
(B) Section 103B (7 U.S.C. 1444-2).
(C) Section 105B (7 U.S.C. 1444f).
(D) Section 107B (7 U.S.C. 1445-3a).
(E) Section 108B (7 U.S.C. 1445c-3).
(F) Section 113 (7 U.S.C. 1445h).
(G) Subsections (b) and (c) of section 114 (7 U.S.C.
1445j).
(H) Sections 205, 206, and 207 (7 U.S.C. 1446f, 1446g, and
1446h).
(I) Sections 406 and 427 (7 U.S.C. 1426 and 1433f).
(3) Potential price support for rice.--Section 101 of the
Agricultural Act of 1949 (7 U.S.C. 1441), as suspended by
paragraph (1), is amended by adding after subsection (d) the
following:
``(e) Rice.--The Secretary shall make available to
producers of each crop of rice on a farm price support at a
level that is not less than 50 percent, or more than 90
percent of the parity price for rice as the Secretary
determines will not result in increasing stocks of rice to
the Commodity Credit Corporation.''.
(c) Suspension of Certain Quota Provisions.--The joint
resolution entitled ``A joint resolution relating to corn and
wheat marketing quotas under the Agricultural Adjustment Act
of 1938, as amended'', approved May 26, 1941 (7 U.S.C. 1330
and 1340), shall not be applicable to the crops of wheat
planted for harvest in the calendar years 1996 through 2002.
SEC. 172. EFFECT OF AMENDMENTS.
(a) Effect on Prior Crops.--Except as otherwise
specifically provided in this title and notwithstanding any
other provision of law, this title and the amendments made by
this title shall not affect the authority of the Secretary to
carry out a price support or production adjustment program
for any of the 1991 through 1995 crops of an agricultural
commodity established under a provision of law in effect
immediately before the date of enactment of this title.
(b) Liability.--A provision of this title or an amendment
made by this title shall not affect the liability of any
person under any provision of law as in effect before the
date of enactment of this title.
Subtitle G--Commission on 21st Century Production Agriculture
SEC. 181. ESTABLISHMENT.
There is established a commission to be known as the
``Commission on 21st Century Production Agriculture'' (in
this subtitle referred to as the ``Commission'').
SEC. 182. COMPOSITION.
(a) Membership and Appointment.--The Commission shall be
composed of 11 members, appointed as follows:
(1) Three members shall be appointed by the President.
(2) Four members shall be appointed by the Chairman of the
Committee on Agriculture of the House of Representatives in
consultation with the ranking minority member of the
Committee.
(3) Four members shall be appointed by the Chairman of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate in consultation with the ranking minority member of
the Committee.
(b) Qualifications.--At least 1 of the members appointed
under each of paragraphs (1), (2), and (3) of subsection (a)
shall be an individual who is primarily involved in
production agriculture. All other members of the Commission
shall be appointed from among individuals having knowledge
and experience in agricultural production, marketing,
finance, or trade.
(c) Term of Members; Vacancies.--A member of the Commission
shall be appointed for the life of the Commission. A vacancy
on the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointment was
made.
(d) Time for Appointment; First Meeting.--The members of
the Commission shall be appointed not later than October 1,
1997. The Commission shall convene its first meeting to carry
out its duties under this subtitle 30 days after 6 members of
the Commission have been appointed.
(e) Chairperson.--The chairperson of the Commission shall
be designated jointly by the Chairman of the Committee on
Agriculture of the House of Representatives and the Chairman
of the Committee on Agriculture, Nutrition, and Forestry of
the Senate from among the members of the Commission.
SEC. 183. COMPREHENSIVE REVIEW OF PAST AND FUTURE OF
PRODUCTION AGRICULTURE.
(a) Initial Review.--The Commission shall conduct a
comprehensive review of changes in the condition of
production agriculture in the United States since the date of
enactment of this title and the extent to which the changes
are the result of this title and the amendments made by this
title. The review shall include the following:
(1) An assessment of the initial success of production
flexibility contracts in supporting the economic viability of
farming in the United States.
[[Page 672]]
(2) An assessment of economic risks to farms delineated by
size of farm operation (such as small, medium, or large
farms) and region of production.
(3) An assessment of the food security situation in the
United States in the areas of trade, consumer prices,
international competitiveness of United States production
agriculture, food supplies, and humanitarian relief.
(4) An assessment of the changes in farmland values and
agricultural producer incomes since the date of enactment of
this title.
(5) An assessment of the extent to which regulatory relief
for agricultural producers has been enacted and implemented,
including the application of cost/benefit principles in the
issuance of agricultural regulations.
(6) An assessment of the extent to which tax relief for
agricultural producers has been enacted in the form of
capital gains tax reductions, estate tax exemptions, and
mechanisms to average tax loads over high- and low-income
years.
(7) An assessment of the effect of any Federal Government
interference in agricultural export markets, such as the
imposition of trade embargoes, and the degree of
implementation and success of international trade agreements
and United States export programs.
(8) An assessment of the likely affect of the sale, lease,
or transfer of farm poundage quota for peanuts across State
lines.
(b) Subsequent Review.--The Commission shall conduct a
comprehensive review of the future of production agriculture
in the United States and the appropriate role of the Federal
Government in support of production agriculture. The review
shall include the following:
(1) An assessment of changes in the condition of production
agriculture in the United States since the initial review
conducted under subsection (a).
(2) Identification of the appropriate future relationship
of the Federal Government with production agriculture after
2002.
(3) An assessment of the personnel and infrastructure
requirements of the Department of Agriculture necessary to
support the future relationship of the Federal Government
with production agriculture.
(4) An assessment of economic risks to farms delineated by
size of farm operation (such as small, medium, or large
farms) and region of production.
(c) Recommendations.--In carrying out the subsequent review
under subsection (b), the Commission shall develop specific
recommendations for legislation to achieve the appropriate
future relationship of the Federal Government with production
agriculture identified under subsection (a)(2).
SEC. 184. REPORTS.
(a) Report on Initial Review.--Not later than June 1, 1998,
the Commission shall submit to the President, the Committee
on Agriculture of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report containing the results of the initial review
conducted under section 183(a).
(b) Report on Subsequent Review.--Not later than January 1,
2001, the Commission shall submit to the President and the
congressional committees specified in subsection (a) a report
containing the results of the subsequent review conducted
under section 183(b).
SEC. 185. POWERS.
(a) Hearings.--The Commission may, for the purpose of
carrying out this subtitle, conduct such hearings, sit and
act at such times, take such testimony, and receive such
evidence, as the Commission considers appropriate.
(b) Assistance From Other Agencies.--The Commission may
secure directly from any department or agency of the Federal
Government such information as may be necessary for the
Commission to carry out its duties under this subtitle. On
the request of the chairperson of the Commission, the head of
the department or agency shall, to the extent permitted by
law, furnish such information to the Commission.
(c) Mail.--The Commission may use the United States mails
in the same manner and under the same conditions as the
departments and agencies of the Federal Government.
(d) Assistance From Secretary.--The Secretary shall provide
to the Commission appropriate office space and such
reasonable administrative and support services as the
Commission may request.
SEC. 186. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet on a regular basis
(as determined by the chairperson) and at the call of the
chairperson or a majority of its members.
(b) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
SEC. 187. PERSONNEL MATTERS.
(a) Compensation.--Each member of the Commission shall
serve without compensation, but shall be allowed travel
expenses including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code,
when engaged in the performance of Commission duties.
(b) Staff.--
(1) Appointment.--The Commission shall appoint a staff
director, who shall be paid at a rate not to exceed the
maximum rate of basic pay under section 5376 of title 5,
United States Code, and such professional and clerical
personnel as may be reasonable and necessary to enable the
Commission to carry out its duties under this subtitle
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title, or any other provision of
law, relating to the number, classification, and General
Schedule rates.
(2) Limitation on compensation.--No employee appointed
under this subsection (other than the staff director) may be
compensated at a rate to exceed the maximum rate applicable
to level GS-15 of the General Schedule.
(c) Detailed Personnel.--On the request of the chairperson
of the Commission, the head of any department or agency of
the Federal Government is authorized to detail, without
reimbursement, any personnel of the department or agency to
the Commission to assist the Commission in carrying out its
duties under this section. The detail of any individual may
not result in the interruption or loss of civil service
status or other privilege of the individual.
SEC. 188. TERMINATION OF COMMISSION.
The Commission shall terminate on submission of the final
report required by section 184.
Subtitle H--Miscellaneous Commodity Provisions
SEC. 191. OPTIONS PILOT PROGRAM.
(a) Pilot Programs Authorized.--Until December 31, 2002,
the Secretary of Agriculture may conduct a pilot program for
1 or more agricultural commodities supported under this title
to ascertain whether futures and options contracts can
provide producers with reasonable protection from the
financial risks of fluctuations in price, yield, and income
inherent in the production and marketing of the commodities.
The pilot program shall be an alternative to other related
programs of the Department of Agriculture.
(b) Distribution of Pilot Program.--For each agricultural
commodity included in the pilot program, the Secretary may
operate the pilot program in not more than 100 counties,
except that not more than 6 of the counties may be located in
any 1 State. The pilot program for a commodity shall not be
operated in any county for more than 3 of the 1996 through
2002 calendar years.
(c) Eligible Participants.--In operating the pilot program,
the Secretary may enter into contract with a producer who--
(1) is eligible for a production flexibility contract, a
marketing assistance loan, or other assistance under this
title;
(2) volunteers to participate in the pilot program;
(3) operates a farm located in a county selected for the
pilot program; and
(4) meets such other eligibility requirements as the
Secretary may establish.
(d) Notice to Producers.--The Secretary shall provide
notice to each producer participating in the pilot program
that--
(1) the participation of the producer is voluntary; and
(2) neither the United States, the Commodity Credit
Corporation, the Federal Crop Insurance Corporation, the
Department of Agriculture, nor any other Federal agency is
authorized to guarantee that participants in the pilot
program will be better or worse off financially as a result
of participation in the pilot program than the producer would
have been if the producer had not participated in the pilot
program.
(e) Contracts.--The Secretary shall set forth in each
contract under the pilot program the terms and conditions for
participation in the pilot program and the notice required by
subsection (d).
(f) Eligible Markets.--Trades for futures and options
contracts under the pilot program shall be carried out on
commodity futures and options markets designated as contract
markets under the Commodity Exchange Act (7 U.S.C. 1 et seq.)
(g) Recordkeeping.--A producer participating in the pilot
program shall compile, maintain, and submit (or authorize the
compilation, maintenance, and submission) of such
documentation as the regulations governing the pilot program
require.
(h) Use of Commodity Credit Corporation.--The Secretary
shall fund and operate the pilot program through the
Commodity Credit Corporation. To the maximum extent
practicable, the Secretary shall operate the pilot program in
a budget neutral manner.
(i) Conforming Repeal.--The Options Pilot Program Act of
1990 (subtitle E of title XI of Public Law 101-624; 7 U.S.C.
1421 note) is repealed.
SEC. 192. RISK MANAGEMENT EDUCATION.
In consultation with the Commodity Futures Trading
Commission, the Secretary shall provide such education in
management of the financial risks inherent in the production
and marketing of agricultural commodities as the Secretary
considers appropriate. As part of such educational
activities, the Secretary may develop and implement programs
to facilitate the participation of agricultural producers in
commodity futures trading programs, forward contracting
options, and insurance protection programs by assisting and
training producers in the usage of such programs. In
implementing this authority, the Secretary may use existing
research and extension authorities and resources of the
Department of Agriculture.
SEC. 193. CROP INSURANCE.
(a) Catastrophic Risk Protection.--
(1) Single delivery.--Section 508(b)(4) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)(4)) is amended by adding at
the end the following:
``(C) Delivery of coverage.--
[[Page 673]]
``(i) In general.--In full consultation with approved
insurance providers, the Secretary may continue to offer
catastrophic risk protection in a State (or a portion of a
State) through local offices of the Department if the
Secretary determines that there is an insufficient number of
approved insurance providers operating in the State or
portion of the State to adequately provide catastrophic risk
protection coverage to producers.
``(ii) Coverage by approved insurance providers.--To the
extent that catastrophic risk protection coverage by approved
insurance providers is sufficiently available in a State (or
a portion of a State) as determined by the Secretary, only
approved insurance providers may provide the coverage in the
State or portion of the State.
``(iii) Timing of determinations.--Not later than 90 days
after the date of enactment of this subparagraph, the
Secretary shall announce the results of the determinations
under clause (i) for policies for the 1997 crop year. For
subsequent crop years, the Secretary shall make the
announcement not later than April 30 of the year preceding
the year in which the crop will be produced, or at such other
times during the year as the Secretary finds practicable in
consultation with affected crop insurance providers for those
States (or portions of States) in which catastrophic coverage
remains available through local offices of the Department.
``(iv) Current policies.--This clause shall take effect
beginning with the 1997 crop year. Subject to clause (ii) all
catastrophic risk protection policies written by local
offices of the Department shall be transferred to the
approved insurance provider for performance of all sales,
service, and loss adjustment functions. Any fees in
connection with such policies that are not yet collected at
the time of the transfer shall be payable to the approved
insurance providers assuming the policies. The transfer
process for policies for the 1997 crop year with sales
closing dates before January 1, 1997, shall begin at the time
of the Secretary's announcement under clause (iii) and be
completed by the sales closing date for the crop and county.
The transfer process for all subsequent policies (including
policies for the 1998 and subsequent crop years) shall begin
at a date that permits the process to be completed not later
than 45 days before the sales closing date.''.
(2) Waiver of mandatory linkage.--Section 508(b)(7) of the
Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)) is amended
by striking subparagraph (A) and inserting the following:
``(A) In general.--Effective for the spring-planted 1996
and subsequent crops (and fall-planted 1996 crops at the
option of the Secretary), to be eligible for any payment or
loan under the Agricultural Market Transition Act, for the
conservation reserve program, or for any benefit described in
section 371 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008f), a person shall--
``(i) obtain at least the catastrophic level of insurance
for each crop of economic significance in which the person
has an interest; or
``(ii) provide a written waiver to the Secretary that
waives any eligibility for emergency crop loss assistance in
connection with the crop.''.
(3) Special rule for 1996.--
(A) Effective period.--This paragraph shall apply only to
the 1996 crop year.
(B) Availability.--During a period of not less than 2
weeks, but not more than 4 weeks, beginning on the date of
enactment of this title, the Secretary shall provide
producers with an opportunity to obtain catastrophic risk
protection insurance under section 508(b) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)) for a spring-planted crop,
and limited additional coverage for malting barley under the
Malting Barley Price and Quality Endorsement. The Federal
Crop Insurance Corporation may attach such limitations and
restrictions on obtaining insurance during this period as the
Corporation considers necessary to maintain the actuarial
soundness of the crop insurance program.
(C) Attachment.--Insurance coverage under any policy
obtained under this paragraph during the extended sales
period shall not attach until 10 days after the application.
(D) Cancellation.--During the extended period, a producer
may cancel a catastrophic risk protection policy if--
(i) the policy is a continuation of a policy that was
obtained for a previous crop year; and
(ii) the cancellation request is made before the acreage
reporting date for the policy for the 1996 crop year.
(b) Crop Insurance Pilot Project.--
(1) Coverage.--The Secretary of Agriculture shall develop
and administer a pilot project for crop insurance coverage
that indemnifies crop losses due to a natural disaster such
as insect infestation or disease.
(2) Actuarial soundness.--A pilot project under this
paragraph shall be actuarially sound, as determined by the
Secretary and administered at no net cost.
(3) Duration.--A pilot project under this paragraph shall
be of two years' duration.
(c) Crop Insurance for Nursery Crops.--Section 508(a)(6) of
the Federal Crop Insurance Act (7 U.S.C. 1508(a)(6)) is
amended by adding at the end the following:
``(D) Addition of nursery crops.--Not later than 2 years
after the date of enactment of this subparagraph, the
Corporation shall conduct a study and limited pilot program
on the feasibility of insuring nursery crops.''.
(d) Marketing Windows.--Section 508(j) of the Federal Crop
Insurance Act (7 U.S.C. 1508(j)) is amended by adding at the
end the following:
``(4) Marketing windows.--The Corporation shall consider
marketing windows in determining whether it is feasible to
require planting during a crop year.''.
(e) Funding.--
(1) Mandatory expenses.--Section 516(a)(2) of the Federal
Crop Insurance Act (7 U.S.C. 1516(a)(2)) is amended--
(A) by inserting ``and'' at the end of subparagraph (A);
(B) by striking ``; and'' at the end of subparagraph (B)
and inserting a period; and
(C) by striking subparagraph (C).
(2) Funding of sales commissions.--Section 516(b) of the
Federal Crop Insurance Act (7 U.S.C. 1516(b)) is amended--
(A) in paragraph (1)--
(i) by striking ``(A) In general'' and all that follows
through ``subparagraph (B), in'' and inserting ``In''; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2)(B), by striking ``subject to paragraph
(1)(B),''.
(3) Other expenses.--Section 516(b)(2)(A) of the Federal
Crop Insurance Act (7 U.S.C. 1516(b)(2)(A)) is amended by
striking ``, noninsured assistance benefits,''.
(f) Limitation on Multiple Benefits for Same Loss.--Section
508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is
amended by adding at the end the following:
``(n) Limitation on Multiple Benefits for Same Loss.--If a
producer who is eligible to receive benefits under
catastrophic risk protection under subsection (b) is also
eligible to receive assistance for the same loss under any
other program administered by the Secretary, the producer
shall be required to elect whether to receive benefits under
this title or under the other program, but not both. A
producer who purchases additional coverage under subsection
(c) may also receive assistance for the same loss under other
programs administered by the Secretary, except that the
amount received for the loss under the additional coverage
together with the amount received under the other programs
may not exceed the amount of the actual loss of the
producer.''.
SEC. 194. ESTABLISHMENT OF OFFICE OF RISK MANAGEMENT.
(a) Establishment.--The Department of Agriculture
Reorganization Act of 1994 is amended by inserting after
section 226 (7 U.S.C. 6932) the following new section:
``SEC. 226A. OFFICE OF RISK MANAGEMENT.
``(a) Establishment.--Subject to subsection (e), the
Secretary shall establish and maintain in the Department an
independent Office of Risk Management.
``(b) Functions of the Office of Risk Management.--The
Office of Risk Management shall have jurisdiction over the
following functions:
``(1) Supervision of the Federal Crop Insurance
Corporation.
``(2) Administration and oversight of all aspects,
including delivery through local offices of the Department,
of all programs authorized under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
``(3) Any pilot or other programs involving revenue
insurance, risk management savings accounts, or the use of
the futures market to manage risk and support farm income
that may be established under the Federal Crop Insurance Act
or other law.
``(4) Such other functions as the Secretary considers
appropriate.
``(c) Administrator.--
``(1) Appointment.--The Office of Risk Management shall be
headed by an Administrator who shall be appointed by the
Secretary.
``(2) Manager.--The Administrator of the Office of Risk
Management shall also serve as Manager of the Federal Crop
Insurance Corporation.
``(d) Resources.--
``(1) Functional coordination.--Certain functions of the
Office of Risk Management, such as human resources, public
affairs, and legislative affairs, may be provided by a
consolidation of such functions under the Under Secretary of
Agriculture for Farm and Foreign Agricultural Services.
``(2) Minimum provisions.--Notwithstanding paragraph (1) or
any other provision of law or order of the Secretary, the
Secretary shall provide the Office of Risk Management with
human and capital resources sufficient for the Office to
carry out its functions in a timely and efficient manner.''.
(b) Fiscal Year 1996 Funding.--From funds appropriated for
the salaries and expenses of the Consolidated Farm Service
Agency in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1996
(Public Law 104-37), the Secretary of Agriculture may use
such sums as necessary for the salaries and expenses of the
Office of Risk Management established under subsection (a).
(c) Conforming Amendment.--Section 226(b) of the Act (7
U.S.C. 6932(b)) is amended by striking paragraph (2).
SEC. 195. REVENUE INSURANCE.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)) is amended by adding at the end the following:
``(9) Revenue insurance pilot program.--
``(A) In general.--Not later than December 31, 1996, the
Secretary shall carry out a pilot program in a limited number
of counties, as determined by the Secretary, for crop years
1997, 1998, 1999, and 2000, under which a producer of wheat,
feed grains, soy
[[Page 674]]
beans, or such other commodity as the Secretary considers
appropriate may elect to receive insurance against loss of
revenue, as determined by the Secretary.
``(B) Administration.--Revenue insurance under this
paragraph shall--
``(i) be offered through reinsurance arrangements with
private insurance companies;
``(ii) offer at least a minimum level of coverage that is
an alternative to catastrophic crop insurance;
``(iii) be actuarially sound; and
``(iv) require the payment of premiums and administrative
fees by an insured producer.''.
SEC. 196. ADMINISTRATION AND OPERATION OF NONINSURED CROP
ASSISTANCE PROGRAM.
(a) Operation and Administration of Program.--
(1) In general.--In the case of an eligible crop described
in paragraph (2), the Secretary of Agriculture shall operate
a noninsured crop disaster assistance program to provide
coverage equivalent to the catastrophic risk protection
otherwise available under section 508(b) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)). The Secretary shall carry
out this section through the Consolidated Farm Service Agency
(in this section referred to as the ``Agency'').
(2) Eligible crops.--
(A) In general.--In this section, the term ``eligible
crop'' means each commercial crop or other agricultural
commodity (except livestock)--
(i) for which catastrophic risk protection under section
508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b))
is not available; and
(ii) that is produced for food or fiber.
(B) Crops specifically included.--The term ``eligible
crop'' shall include floricultural, ornamental nursery, and
Christmas tree crops, turfgrass sod, seed crops, aquaculture
(including ornamental fish), and industrial crops.
(3) Cause of loss.--To qualify for assistance under this
section, the losses of the noninsured commodity shall be due
to drought, flood, or other natural disaster, as determined
by the Secretary.
(b) Application for Noninsured Crop Disaster Assistance.--
(1) Timely application.--To be eligible for assistance
under this section, a producer shall submit an application
for noninsured crop disaster assistance at a local office of
the Department. The application shall be in such form,
contain such information, and be submitted at such time as
the Secretary may require.
(2) Records.--A producer shall provide records, as required
by the Secretary, of crop acreage, acreage yields, and
production.
(3) Acreage reports.--A producer shall provide reports on
acreage planted or prevented from being planted, as required
by the Secretary, by the designated acreage reporting date
for the crop and location as established by the Secretary.
(c) Loss Requirements.--
(1) Required area loss.--A producer of an eligible crop
shall not receive noninsured crop disaster assistance unless
the average yield for that crop, or an equivalent measure in
the event yield data are not available, in an area falls
below 65 percent of the expected area yield, as established
by the Secretary.
(2) Prevented planting.--Subject to paragraph (1), the
Secretary shall make a prevented planting noninsured crop
disaster assistance payment if the producer is prevented from
planting more than 35 percent of the acreage intended for the
eligible crop because of drought, flood, or other natural
disaster, as determined by the Secretary.
(3) Reduced yields.--Subject to paragraph (1), the
Secretary shall make a reduced yield noninsured crop disaster
assistance payment to a producer if the total quantity of the
eligible crop that the producer is able to harvest on any
farm is, because of drought, flood, or other natural disaster
as determined by the Secretary, less than 50 percent of the
expected individual yield for the crop, as determined by the
Secretary, factored for the interest of the producer for the
crop.
(d) Payment.--The Secretary shall make available to a
producer eligible for noninsured assistance under this
section a payment computed by multiplying--
(1) the quantity that is less than 50 percent of the
established yield for the crop; by
(2)(A) in the case of each of the 1996 through 1998 crop
years, 60 percent of the average market price for the crop
(or any comparable coverage determined by the Secretary); or
(B) in the case of each of the 1999 and subsequent crop
years, 55 percent of the average market price for the crop
(or any comparable coverage determined by the Secretary); by
(3) a payment rate for the type of crop (as determined by
the Secretary) that--
(A) in the case of a crop that is produced with a
significant and variable harvesting expense, reflects the
decreasing cost incurred in the production cycle for the crop
that is--
(i) harvested;
(ii) planted but not harvested; and
(iii) prevented from being planted because of drought,
flood, or other natural disaster (as determined by the
Secretary); and
(B) in the case of a crop that is not produced with a
significant and variable harvesting expense, is determined by
the Secretary.
(e) Yield Determinations.--
(1) Establishment.--The Secretary shall establish farm
yields for purposes of providing noninsured crop disaster
assistance under this section.
(2) Actual production history.--The Secretary shall
determine yield coverage using the actual production history
of the producer over a period of not less than the 4 previous
consecutive crop years and not more than 10 consecutive crop
years. Subject to paragraph (3), the yield for the year in
which noninsured crop disaster assistance is sought shall be
equal to the average of the actual production history of the
producer during the period considered.
(3) Assignment of yield.--If a producer does not submit
adequate documentation of production history to determine a
crop yield under paragraph (2), the Secretary shall assign to
the producer a yield equal to not less than 65 percent of the
transitional yield of the producer (adjusted to reflect
actual production reflected in the records acceptable to the
Secretary for continuous years), as specified in regulations
issued by the Secretary based on production history
requirements.
(4) Prohibition on assigned yields in certain counties.--
(A) In general.--
(i) Documentation.--If sufficient data are available to
demonstrate that the acreage of a crop in a county for the
crop year has increased by more than 100 percent over any
year in the preceding 7 crop years or, if data are not
available, if the acreage of the crop in the county has
increased significantly from the previous crop years, a
producer must provide such detailed documentation of
production costs, acres planted, and yield for the crop year
for which benefits are being claimed as is required by the
Secretary. If the Secretary determines that the documentation
provided is not sufficient, the Secretary may require
documenting proof that the crop, had the crop been harvested,
could have been marketed at a reasonable price.
(ii) Prohibition.--Except as provided in subparagraph (B),
a producer who produces a crop on a farm located in a county
described in clause (i) may not obtain an assigned yield.
(B) Exception.--A crop or a producer shall not be subject
to this subsection if--
(i) the planted acreage of the producer for the crop has
been inspected by a third party acceptable to the Secretary;
or
(ii)(I) the County Executive Director and the State
Executive Director recommend an exemption from the
requirement to the Administrator of the Agency; and
(II) the Administrator approves the recommendation.
(5) Limitation on receipt of subsequent assigned yield.--A
producer who receives an assigned yield for the current year
of a natural disaster because required production records
were not submitted to the local office of the Department
shall not be eligible for an assigned yield for the year of
the next natural disaster unless the required production
records of the previous 1 or more years (as applicable) are
provided to the local office.
(6) Yield variations due to different farming practices.--
The Secretary shall ensure that noninsured crop disaster
assistance accurately reflects significant yield variations
due to different farming practices, such as between irrigated
and nonirrigated acreage.
(f) Contract Payments.--A producer who has received a
guaranteed payment for production, as opposed to delivery, of
a crop pursuant to a contract shall have the production of
the producer adjusted upward by the amount of the production
equal to the amount of the contract payment received.
(g) Use of Commodity Credit Corporation.--The Secretary may
use the funds of the Commodity Credit Corporation to carry
out this section.
(h) Exclusions.--Noninsured crop disaster assistance under
this section shall not cover losses due to--
(1) the neglect or malfeasance of the producer;
(2) the failure of the producer to reseed to the same crop
in those areas and under such circumstances where it is
customary to reseed; or
(3) the failure of the producer to follow good farming
practices, as determined by the Secretary.
(i) Payment and Income Limitations.--
(1) Definitions.--In this subsection:
(A) Person.--The term ``person'' has the meaning provided
the term in regulations issued by the Secretary. The
regulations shall conform, to the extent practicable, to the
regulations defining the term ``person'' issued under section
1001 of the Food Security Act of 1985 (7 U.S.C. 1308).
(B) Qualifying gross revenues.--The term ``qualifying gross
revenues'' means--
(i) if a majority of the gross revenue of the person is
received from farming, ranching, and forestry operations, the
gross revenue from the farming, ranching, and forestry
operations of the person; and
(ii) if less than a majority of the gross revenue of the
person is received from farming, ranching, and forestry
operations, the gross revenue of the person from all sources.
(2) Payment limitation.--The total amount of payments that
a person shall be entitled to receive annually under this
section may not exceed $100,000.
(3) Limitation on multiple benefits for same loss.--If a
producer who is eligible to receive benefits under this
section is also eligible to receive assistance for the same
loss under any other program administered by the Secretary,
the producer shall be required to elect whether to receive
benefits under
[[Page 675]]
this section or under the other program, but not both.
(4) Income limitation.--A person who has qualifying gross
revenues in excess of the amount specified in section 2266(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 1421 note) (as in effect on November 28, 1990)
during the taxable year (as determined by the Secretary)
shall not be eligible to receive any noninsured assistance
payment under this section.
(5) Regulations.--The Secretary shall issue regulations
prescribing such rules as the Secretary determines necessary
to ensure a fair and equitable application of section 1001 of
the Food Security Act of 1985 (7 U.S.C. 1308), the general
payment limitation regulations of the Secretary, and the
limitations established under this subsection.
(j) Conforming Repeal.--Section 519 of the Federal Crop
Insurance Act (7 U.S.C. 1519) is repealed.
TITLE II--AGRICULTURAL TRADE
Subtitle A--Amendments to Agricultural Trade Development and Assistance
Act of 1954 and Related Statutes
SEC. 201. FOOD AID TO DEVELOPING COUNTRIES.
(a) In General.--Section 3 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691a) is
amended to read as follows:
``SEC. 3. FOOD AID TO DEVELOPING COUNTRIES.
``(a) Policy.--In light of the Uruguay Round Agreement on
Agriculture and the Ministerial Decision on Measures
Concerning the Possible Negative Effects of the Reform
Program on Least-Developed and Net-Food Importing Developing
Countries, the United States reaffirms the commitment of the
United States to providing food aid to developing countries.
``(b) Sense of Congress.--It is the sense of Congress
that--
``(1) the President should initiate consultations with
other donor nations to consider appropriate levels of food
aid commitments to meet the legitimate needs of developing
countries; and
``(2) the United States should increase its contribution of
bona fide food assistance to developing countries consistent
with the Agreement on Agriculture.''.
(b) Conforming Amendment.--Section 411 of the Uruguay Round
Agreements Act is amended by striking subsection (e) (19
U.S.C. 3611).
SEC. 202. TRADE AND DEVELOPMENT ASSISTANCE.
Section 101 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701) is amended--
(1) by striking ``developing countries'' each place it
appears and inserting ``developing countries and private
entities''; and
(2) in subsection (b), by inserting ``and entities'' before
the period at the end.
SEC. 203. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE
ENTITIES.
Section 102 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1702) is amended to read as
follows:
``SEC. 102. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND
PRIVATE ENTITIES.
``(a) Priority.--In selecting agreements to be entered into
under this title, the Secretary shall give priority to
agreements providing for the export of agricultural
commodities to developing countries that--
``(1) have the demonstrated potential to become commercial
markets for competitively priced United States agricultural
commodities;
``(2) are undertaking measures for economic development
purposes to improve food security and agricultural
development, alleviate poverty, and promote broad-based
equitable and sustainable development; and
``(3) demonstrate the greatest need for food.
``(b) Private Entities.--An agreement entered into under
this title with a private entity shall require such security,
or such other provisions as the Secretary determines
necessary, to provide reasonable and adequate assurance of
repayment of the financing extended to the private entity.
``(c) Agricultural Market Development Plan.--
``(1) Definition of agricultural trade organization.--In
this subsection, the term `agricultural trade organization'
means a United States agricultural trade organization that
promotes the export and sale of a United States agricultural
commodity and that does not stand to profit directly from the
specific sale of the commodity.
``(2) Plan.--The Secretary shall consider a developing
country for which an agricultural market development plan has
been approved under this subsection to have the demonstrated
potential to become a commercial market for competitively
priced United States agricultural commodities for the purpose
of granting a priority under subsection (a).
``(3) Requirements.--
`(A) In general.--To be approved by the Secretary, an
agricultural market development plan shall--
``(i) be submitted by a developing country or private
entity, in conjunction with an agricultural trade
organization;
``(ii) describe a project or program for the development
and expansion of a commercial market for a United States
agricultural commodity in a developing country, and the
economic development of the country, using funds derived from
the sale of agricultural commodities received under an
agreement described in section 101;
``(iii) provide for any matching funds that are required by
the Secretary for the project or program;
``(iv) provide for a results-oriented means of measuring
the success of the project or program; and
``(v) provide for graduation to the use of non-Federal
funds to carry out the project or program, consistent with
requirements established by the Secretary.
``(B) Agricultural trade organization.--The project or
program shall be designed and carried out by the agricultural
trade organization.
``(C) Additional requirements.--An agricultural market
development plan shall contain such additional requirements
as are determined necessary by the Secretary.
``(4) Administrative costs.--
``(A) In general.--The Secretary may make funds made
available to carry out this title available for the
reimbursement of administrative expenses incurred by
agricultural trade organizations in developing, implementing,
and administering agricultural market development plans,
subject to such requirements and in such amounts as the
Secretary considers appropriate.
``(B) Duration.--The funds may be made available to
agricultural trade organizations for the duration of the
applicable agricultural market development plan.
``(C) Termination.--The Secretary may terminate assistance
made available under this subsection if the agricultural
trade organization is not carrying out the approved
agricultural market development plan.''.
SEC. 204. TERMS AND CONDITIONS OF SALES.
Section 103 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1703) is amended--
(1) in subsection (a)(2)(A)--
(A) by striking ``a recipient country to make''; and
(B) by striking ``such country'' and inserting ``the
appropriate country'';
(2) in subsection (c), by striking ``less than 10 nor'';
and
(3) in subsection (d)--
(A) by striking ``recipient country'' and inserting
``developing country or private entity''; and
(B) by striking ``7'' and inserting ``5''.
SEC. 205. USE OF LOCAL CURRENCY PAYMENT.
Section 104 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1704) is amended--
(1) in subsection (a), by striking ``recipient country''
and inserting ``developing country or private entity''; and
(2) in subsection (c)--
(A) by striking ``recipient country'' each place it appears
and inserting ``appropriate developing country''; and
(B) in paragraph (3), by striking ``recipient countries''
and inserting ``appropriate developing countries''.
SEC. 206. VALUE-ADDED FOODS.
Section 105 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1705) is repealed.
SEC. 207. ELIGIBLE ORGANIZATIONS.
(a) In General.--Section 202 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1722) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Nonemergency Assistance.--
``(1) In general.--The Administrator may provide
agricultural commodities for nonemergency assistance under
this title through eligible organizations (as described in
subsection (d)) that have entered into an agreement with the
Administrator to use the commodities in accordance with this
title.
``(2) Limitation.--The Administrator may not deny a request
for funds submitted under this subsection because the program
for which the funds are requested--
``(A) would be carried out by the eligible organization in
a foreign country in which the Agency for International
Development does not have a mission, office, or other
presence; or
``(B) is not part of a development plan for the country
prepared by the Agency.''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Private
Voluntary Organizations and Cooperatives'' and inserting
``Eligible Organizations'';
(B) in paragraph (1)--
(i) by striking ``$13,500,000'' and inserting
``$28,000,000''; and
(ii) by striking ``private voluntary organizations and
cooperatives to assist such organizations and cooperatives''
and inserting ``eligible organizations described in
subsection (d), to assist the organizations'';
(C) by striking paragraph (2) and inserting the following:
``(2) Request for funds.--To receive funds made available
under paragraph (1), an eligible organization described in
subsection (d) shall submit a request for the funds that is
subject to approval by the Administrator.''; and
(D) in paragraph (3), by striking ``a private voluntary
organization or cooperative, the Administrator may provide
assistance to that organization or cooperative'' and
inserting ``an eligible organization, the Administrator may
provide assistance to the eligible organization''.
(b) Conforming Amendments.--Section 207 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1726a)
is amended--
(1) in subsection (a)(1), by striking ``a private voluntary
organization or cooperative'' each place it appears and
inserting ``an eligible organization''; and
(2) in subsection (b)--
[[Page 676]]
(A) in paragraph (1), by striking ``private voluntary
organizations and cooperatives'' and inserting ``eligible
organizations''; and
(B) in paragraph (2), by striking ``organizations,
cooperatives,'' and inserting ``eligible organizations''.
SEC. 208. GENERATION AND USE OF FOREIGN CURRENCIES.
Section 203 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``, or in a country in
the same region,'' after ``in the recipient country'';
(2) in subsection (b)--
(A) by inserting ``or in countries in the same region,''
after ``in recipient countries,''; and
(B) by striking ``10 percent'' and inserting ``15
percent'';
(3) in subsection (c), by inserting ``or in a country in
the same region,'' after ``in the recipient country,''; and
(4) in subsection (d)(2), by inserting ``or within a
country in the same region'' after ``within the recipient
country''.
SEC. 209. GENERAL LEVELS OF ASSISTANCE UNDER PUBLIC LAW 480.
Section 204 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1724) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 2,025,000 metric tons.'';
(B) in paragraph (2), by striking ``amount that'' and all
that follows through the period at the end and inserting
``amount that for each of fiscal years 1996 through 2002 is
not less than 1,550,000 metric tons.''; and
(C) in paragraph (3), by adding at the end the following:
``No waiver shall be made before the beginning of the
applicable fiscal year.''; and
(2) in subsection (b)(1), by inserting before the period at
the end the following: ``and that not less than 50 percent of
the quantity of the bagged commodities that are whole grain
commodities be bagged in the United States''.
SEC. 210. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1725) is amended--
(1) in subsection (a), by striking ``private voluntary
organizations, cooperatives and indigenous non-governmental
organizations'' and inserting ``eligible organizations
described in section 202(d)(1)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``for International
Affairs and Commodity Programs'' and inserting ``of
Agriculture for Farm and Foreign Agricultural Services'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) representatives from agricultural producer groups in
the United States.'';
(3) in the second sentence of subsection (d), by inserting
``(but at least twice per year)'' after ``when appropriate'';
and
(4) in subsection (f), by striking ``1995'' and inserting
``2002''.
SEC. 211. SUPPORT OF NONGOVERNMENTAL ORGANIZATIONS.
(a) In General.--Section 306(b) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1727e(b)) is
amended--
(1) in the subsection heading, by striking ``Indigenous
Non-Governmental'' and inserting ``Nongovernmental''; and
(2) by striking ``utilization of indigenous'' and inserting
``utilization of''.
(b) Conforming Amendment.--Section 402 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1732)
is amended by striking paragraph (6) and inserting the
following:
``(6) Nongovernmental organization.--The term
`nongovernmental organization' means an organization that
works at the local level to solve development problems in a
foreign country in which the organization is located, except
that the term does not include an organization that is
primarily an agency or instrumentality of the government of
the foreign country.''.
SEC. 212. COMMODITY DETERMINATIONS.
Section 401 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731) is amended--
(1) by striking subsections (a) through (d) and inserting
the following:
``(a) Availability of Commodities.--No agricultural
commodity shall be available for disposition under this Act
if the Secretary determines that the disposition would reduce
the domestic supply of the commodity below the supply needed
to meet domestic requirements and provide adequate carryover
(as determined by the Secretary), unless the Secretary
determines that some part of the supply should be used to
carry out urgent humanitarian purposes under this Act.'';
(2) by redesignating subsections (e) and (f) as subsections
(b) and (c), respectively; and
(3) in subsection (c) (as so redesignated), by striking
``(e)(1)'' and inserting ``(b)(1)''.
SEC. 213. GENERAL PROVISIONS.
Section 403 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1733) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking
``Consultations'' and inserting ``Impact on Local Farmers and
Economy''; and
(B) by striking ``consult with'' and all that follows
through ``other donor organizations to'';
(2) in subsection (c)--
(A) by striking ``from countries''; and
(B) by striking ``for use'' and inserting ``or use'';
(3) in subsection (f)--
(A) by inserting ``or private entities, as appropriate,''
after ``from countries''; and
(B) by inserting ``or private entities'' after ``such
countries''; and
(4) in subsection (i)(2), by striking subparagraph (C).
SEC. 214. AGREEMENTS.
Section 404 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1734) is amended--
(1) in subsection (a), by inserting ``with foreign
countries'' after ``Before entering into agreements'';
(2) in subsection (b)(2)--
(A) by inserting ``with foreign countries'' after ``with
respect to agreements entered into''; and
(B) by inserting before the semicolon at the end the
following: ``and broad-based economic growth''; and
(3) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--Agreements to provide assistance on a
multi-year basis to recipient countries or to eligible
organizations--
``(A) may be made available under titles I and III; and
``(B) shall be made available under title II.''.
SEC. 215. USE OF COMMODITY CREDIT CORPORATION.
Section 406 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736) is amended--
(1) in subsection (a), by striking ``shall'' and inserting
``may'';
(2) in subsection (b)--
(A) by striking ``this Act'' and inserting ``titles II and
III''; and
(B) by striking paragraph (4) and inserting the following:
``(4) the vessel freight charges from United States ports
or designated Canadian transshipment ports, as determined by
the Secretary, to designated ports of entry abroad;''; and
(3) by striking subsection (d).
SEC. 216. ADMINISTRATIVE PROVISIONS.
Section 407 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or private entity that
enters into an agreement under title I'' after ``importing
country''; and
(B) in paragraph (2), by adding at the end the following:
``Resulting contracts may contain such terms and conditions
as the Secretary determines are necessary and appropriate.'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by inserting ``importer or''
before ``importing country''; and
(B) in paragraph (2)(A), by inserting ``importer or''
before ``importing country'';
(3) in subsection (d)--
(A) by striking paragraph (2) and inserting the following:
``(2) Freight procurement.--Notwithstanding the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
471 et seq.) or other similar provisions of law relating to
the making or performance of Federal Government contracts,
ocean transportation under titles II and III may be procured
on the basis of full and open competitive procedures.
Resulting contracts may contain such terms and conditions as
the Administrator determines are necessary and
appropriate.''; and
(B) by striking paragraph (4);
(4) in subsection (g)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) an assessment of the progress towards achieving food
security in each country receiving food assistance from the
United States Government, with special emphasis on the
nutritional status of the poorest populations in each
country.''; and
(5) by striking subsection (h).
SEC. 217. EXPIRATION DATE.
Section 408 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by
striking ``1995'' and inserting ``2002''.
SEC. 218. REGULATIONS.
Section 409 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736c) is repealed.
SEC. 219. INDEPENDENT EVALUATION OF PROGRAMS.
Section 410 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736d) is repealed.
SEC. 220. AUTHORIZATION OF APPROPRIATIONS.
Section 412 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736f) is amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer of Funds.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the President may
direct that up to 15 percent of the funds available for any
fiscal year for carrying out any title of this Act be used to
carry out any other title of this Act.
``(2) Title iii funds.--The President may direct that up to
50 percent of the funds
[[Page 677]]
available for any fiscal year for carrying out title III be
used to carry out title II.''; and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 221. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.
Section 413 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736g) is amended by
striking ``this Act'' each place it appears and inserting
``title III''.
SEC. 222. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.
Title IV of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731 et seq.) is amended by
adding at the end the following:
``SEC. 415. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.
``(a) In General.--Subject to the availability of practical
technology and to cost effectiveness, not later than
September 30, 1997, the Secretary, in consultation with the
Administrator, shall establish a micronutrient fortification
pilot program under this Act. The purpose of the program
shall be to--
``(1) assist developing countries in correcting
micronutrient dietary deficiencies among segments of the
populations of the countries; and
``(2) encourage the development of technologies for the
fortification of whole grains and other commodities that are
readily transferable to developing countries.
``(b) Selection of Participating Countries.--From among the
countries eligible for assistance under this Act, the
Secretary may select not more than 5 developing countries to
participate in the pilot program.
``(c) Fortification.--Under the pilot program, whole grains
and other commodities made available to a developing country
selected to participate in the pilot program may be fortified
with 1 or more micronutrients (including vitamin A, iron, and
iodine) with respect to which a substantial portion of the
population in the country is deficient. The commodity may be
fortified in the United States or in the developing country.
``(d) Termination of Authority.--The authority to carry out
the pilot program established under this section shall
terminate on September 30, 2002.''.
SEC. 223. USE OF CERTAIN LOCAL CURRENCY.
Title IV of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731 et seq.) (as amended by
section 222) is amended by adding at the end the following:
``SEC. 416. USE OF CERTAIN LOCAL CURRENCY.
``Local currency payments received by the United States
pursuant to agreements entered into under title I (as in
effect on November 27, 1990) may be utilized by the Secretary
in accordance with section 108 (as in effect on November 27,
1990).''.
SEC. 224. FARMER-TO-FARMER PROGRAM.
Section 501 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(1) in subsection (a), by striking paragraph (6) and
inserting the following:
``(6) to the extent that local currencies can be used to
meet the costs of a program established under this section,
augment funds of the United States that are available for
such a program through the use of foreign currencies that
accrue from the sale of agricultural commodities under this
Act, and local currencies generated from other types of
foreign assistance activities, within the country where the
program is being conducted.''; and
(2) in subsection (c)--
(A) by striking ``0.2'' and inserting ``0.4'';
(B) by striking ``1991 through 1995'' and inserting ``1996
through 2002''; and
(C) by striking ``0.1'' and inserting ``0.2''.
SEC. 225. FOOD SECURITY COMMODITY RESERVE.
(a) In General.--Title III of the Agricultural Act of 1980
(7 U.S.C. 1736f-1 et seq.) is amended to read as follows:
``TITLE III--FOOD SECURITY COMMODITY RESERVE
``SEC. 301. SHORT TITLE.
``This title may be cited as the `Food Security Commodity
Reserve Act of 1996'.
``SEC. 302. ESTABLISHMENT OF COMMODITY RESERVE.
``(a) In General.--To provide for a reserve solely to meet
emergency humanitarian food needs in developing countries,
the Secretary of Agriculture (referred to in this title as
the `Secretary') shall establish a reserve stock of wheat,
rice, corn, or sorghum, or any combination of the
commodities, totalling not more than 4,000,000 metric tons
for use as described in subsection (c).
``(b) Commodities in Reserve.--
``(1) In general.--The reserve established under this
section shall consist of--
``(A) wheat in the reserve established under the Food
Security Wheat Reserve Act of 1980 as of the date of
enactment of the Federal Agriculture Improvement and Reform
Act of 1996;
``(B) wheat, rice, corn, and sorghum (referred to in this
section as `eligible commodities') acquired in accordance
with paragraph (2) to replenish eligible commodities released
from the reserve, including wheat to replenish wheat released
from the reserve established under the Food Security Wheat
Reserve Act of 1980 but not replenished as of the date of
enactment of the Federal Agriculture Improvement and Reform
Act of 1996; and
``(C) such rice, corn, and sorghum as the Secretary may, at
such time and in such manner as the Secretary determines
appropriate, acquire as a result of exchanging an equivalent
value of wheat in the reserve established under this section.
``(2) Replenishment of reserve.--
``(A) In general.--Subject to subsection (h), commodities
of equivalent value to eligible commodities in the reserve
established under this section may be acquired--
``(i) through purchases--
``(I) from producers; or
``(II) in the market, if the Secretary determines that the
purchases will not unduly disrupt the market; or
``(ii) by designation by the Secretary of stocks of
eligible commodities of the Commodity Credit Corporation.
``(B) Funds.--Any use of funds to acquire eligible
commodities through purchases from producers or in the market
to replenish the reserve must be authorized in an
appropriations Act.
``(c) Release of Eligible Commodities.--
``(1) Emergency assistance.--
``(A) In general.--Notwithstanding paragraph (2), to meet
unanticipated need, the Secretary may release eligible
commodities in any fiscal year, without regard to the
availability of domestic supply of the commodities, to
provide emergency assistance to developing countries under
title II of the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1721 et seq.).
``(B) Release for emergency assistance.--If the eligible
commodities needed to meet unanticipated need cannot be made
available in a timely manner under normal means for obtaining
eligible commodities for food assistance because of
unanticipated need for emergency assistance as provided under
section 202(a) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1722(a)), the Secretary may
in any fiscal year release from the reserve--
``(i) up to 500,000 metric tons of wheat or the equivalent
value of eligible commodities other than wheat; and
``(ii) up to 500,000 metric tons of any eligible
commodities under this paragraph that could have been
released but were not released in prior fiscal years.
``(C) Waiver of minimum tonnage requirements.--Nothing in
this paragraph shall require a waiver under section 204(a)(3)
of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1724(a)(3)) as a prerequisite for the release
of eligible commodities under this paragraph.
``(2) Emergency food assistance.--Notwithstanding any other
provision of law, eligible commodities designated or acquired
for the reserve established under this section may be
released by the Secretary to provide, on a donation or sale
basis, emergency food assistance to developing countries at
such time as the domestic supply of the eligible commodities
is so limited that quantities of the eligible commodities
cannot be made available for disposition under the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1691 et seq.) (other than disposition for urgent
humanitarian purposes under section 401 of the Act (7 U.S.C.
1731)).
``(3) Processing of eligible commodities.--Eligible
commodities that are released from the reserve established
under this section may be processed in the United States and
shipped to a developing country when conditions in the
recipient country require processing.
``(4) Exchange.--The Secretary may exchange an eligible
commodity for another United States commodity of equal value,
including powdered milk, pulses, and vegetable oil.
``(5) Use of normal commercial practices.--To the maximum
extent practicable consistent with the fulfillment of the
purposes of this section and the effective and efficient
administration of this section, the Secretary shall use the
usual and customary channels, facilities, arrangements, and
practices of trade and commerce to carry out this subsection.
``(d) Management of Eligible Commodities.--The Secretary
shall provide--
``(1) for the management of eligible commodities in the
reserve established under this section as to location and
quality of eligible commodities needed to meet emergency
situations; and
``(2) for the periodic rotation or replacement of stocks of
eligible commodities in the reserve to avoid spoilage and
deterioration of the commodities.
``(e) Treatment of Reserve Under Other Law.--Eligible
commodities in the reserve established under this section
shall not be--
``(1) considered a part of the total domestic supply
(including carryover) for the purpose of subsection (c) or
for the purpose of administering the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.); and
``(2) subject to any quantitative limitation on exports
that may be imposed under section 7 of the Export
Administration Act of 1979 (50 U.S.C. App. 2406).
``(f) Use of Commodity Credit Corporation.--
``(1) In general.--Subject to the limitations provided in
this section, the funds, facilities, and authorities of the
Commodity Credit Corporation shall be used by the Secretary
in carrying out this section, except that any restriction
applicable to the acquisition, storage, or disposition of
eligible commodities owned or controlled by the Commodity
Credit Corporation shall not apply.
``(2) Reimbursement.--
``(A) In general.--The Commodity Credit Corporation shall
be reimbursed for the release of eligible commodities from
funds made available to carry out the Agricultural
[[Page 678]]
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691
et seq.).
``(B) Basis for reimbursement.--The reimbursement shall be
made on the basis of the lesser of--
``(i) the actual costs incurred by the Commodity Credit
Corporation with respect to the eligible commodity; or
``(ii) the export market price of the eligible commodity
(as determined by the Secretary) as of the time the eligible
commodity is released from the reserve.
``(C) Source of funds.--The reimbursement may be made from
funds appropriated for subsequent fiscal years.
``(g) Finality of Determination.--Any determination by the
Secretary under this section shall be final.
``(h) Termination of Authority.--
``(1) In general.--The authority to replenish stocks of
eligible commodities to maintain the reserve established
under this section shall terminate on September 30, 2002.
``(2) Disposal of eligible commodities.--Eligible
commodities remaining in the reserve after September 30,
2002, shall be disposed of by release for use in providing
for emergency humanitarian food needs in developing countries
as provided in this section.''.
(b) Conforming Amendment.--Section 208(d) of the
Agricultural Trade Suspension Adjustment Act of 1980 (7
U.S.C. 4001(d)) is amended by striking paragraph (2) and
inserting the following:
``(2) Applicability of certain provisions.--Subsections
(c), (d), (e), and (f)(2) of section 302 of the Food Security
Commodity Reserve Act of 1996 shall apply to commodities in
any reserve established under paragraph (1), except that the
references to `eligible commodities' in the subsections shall
be deemed to be references to `agricultural commodities'.''.
SEC. 226. PROTEIN BYPRODUCTS DERIVED FROM ALCOHOL FUEL
PRODUCTION.
Section 1208 of the Agriculture and Food Act of 1981 (7
U.S.C. 1736n) is repealed.
SEC. 227. FOOD FOR PROGRESS PROGRAM.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1)'' and inserting ``(b)''; and
(ii) in the first sentence, by inserting
``intergovernmental organizations,'' after ``cooperatives,'';
and
(B) by striking paragraph (2);
(2) in subsection (e)(4), by striking ``203'' and inserting
``406'';
(3) in subsection (f)--
(A) in paragraph (1)(B), by striking ``in the case of the
independent states of the former Soviet Union,'';
(B) by striking paragraph (2);
(C) in paragraph (4), by inserting ``for each of fiscal
years 1996 through 2002'' after ``may be used''; and
(D) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(4) in subsection (g), by striking ``1995'' and inserting
``2002'';
(5) in subsection (j), by striking ``shall'' and inserting
``may'';
(6) in subsection (k), by striking ``1995'' and inserting
``2002'';
(7) in subsection (l)(1)--
(A) by striking ``1991 through 1995'' and inserting ``1996
through 2002''; and
(B) by inserting ``, and to provide technical assistance
for monetization programs,'' after ``monitoring of food
assistance programs''; and
(8) in subsection (m)--
(A) by striking ``with respect to the independent states of
the former Soviet Union'';
(B) by striking ``private voluntary organizations and
cooperatives'' each place it appears and inserting
``agricultural trade organizations, intergovernmental
organizations, private voluntary organizations, and
cooperatives''; and
(C) in paragraph (2), by striking ``in the independent
states''.
SEC. 228. USE OF FOREIGN CURRENCY PROCEEDS FROM EXPORT SALES
FINANCING.
Section 402 of the Mutual Security Act of 1954 (22 U.S.C.
1922) is repealed.
SEC. 229. STIMULATION OF FOREIGN PRODUCTION.
Section 7 of the Act of December 30, 1947 (61 Stat. 947,
chapter 526; 50 U.S.C. App. 1917), is repealed.
Subtitle B--Amendments to Agricultural Trade Act of 1978
SEC. 241. AGRICULTURAL EXPORT PROMOTION STRATEGY.
(a) In General.--Section 103 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5603) is amended to read as follows:
``SEC. 103. AGRICULTURAL EXPORT PROMOTION STRATEGY.
``(a) In General.--The Secretary shall develop a strategy
for implementing Federal agricultural export promotion
programs that takes into account the new market opportunities
for agricultural products, including opportunities that
result from--
``(1) the North American Free Trade Agreement and the
Uruguay Round Agreements;
``(2) any accession to membership in the World Trade
Organization;
``(3) the continued economic growth in the Pacific Rim; and
``(4) other developments.
``(b) Purpose of Strategy.--The strategy developed under
subsection (a) shall encourage the maintenance, development,
and expansion of export markets for United States
agricultural commodities and related products, including
high-value and value-added products.
``(c) Goals of Strategy.--The strategy developed under
subsection (a) shall have the following goals:
``(1) Increase the value of United States agricultural
exports each year.
``(2) Increase the value of United States agricultural
exports each year at a faster rate than the rate of increase
in the value of overall world export trade in agricultural
products.
``(3) Increase the value of United States high-value and
value-added agricultural exports each year.
``(4) Increase the value of United States high-value and
value-added agricultural exports each year at a faster rate
than the rate of increase in the value of overall world
export trade in high-value and value-added agricultural
products.
``(5) Ensure that to the extent practicable--
``(A) all obligations undertaken in the Uruguay Round
Agreement on Agriculture that significantly increase access
for United States agricultural commodities are implemented to
the extent required by the Uruguay Round Agreements; or
``(B) applicable United States laws are used to secure
United States rights under the Uruguay Round Agreement on
Agriculture.
``(d) Priority Markets.--
``(1) Identification of markets.--In developing the
strategy required under subsection (a), the Secretary shall
annually identify as priority markets--
``(A) those markets in which imports of agricultural
products show the greatest potential for increase; and
``(B) those markets in which, with the assistance of
Federal export promotion programs, exports of United States
agricultural products show the greatest potential for
increase.
``(2) Identification of supporting offices.--The President
shall identify annually in the budget of the United States
Government submitted under section 1105 of title 31, United
States Code, each overseas office of the Foreign Agricultural
Service that provides assistance to United States exporters
in each of the priority markets identified under paragraph
(1).''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate should conduct a thorough review
of agricultural export and food aid programs not later than
December 31, 1998; and
(2) the review should examine what changes, if any, need to
be made in the programs as a result of the effects of the
Agricultural Market Transition Act, the Uruguay Round
agreements, changing world market conditions, and such other
factors as the Committees consider appropriate.
(c) Elimination of Report.--
(1) In general.--Section 601 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5711) is repealed.
(2) Conforming amendment.--The last sentence of section 603
of the Agricultural Trade Act of 1978 (7 U.S.C. 5713) is
amended by striking ``, in a consolidated report,'' and all
that follows through ``section 601'' and inserting ``or in a
consolidated report''.
SEC. 242. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
(a) In General.--Title I of the Agricultural Trade Act of
1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end
the following:
``SEC. 106. IMPLEMENTATION OF COMMITMENTS UNDER URUGUAY ROUND
AGREEMENTS.
``Not later than September 30 of each year, the Secretary
shall evaluate whether the obligations undertaken by foreign
countries under the Uruguay Round Agreement on Agriculture
are being fully implemented. If the Secretary has reason to
believe (based on the evaluation) that any foreign country,
by not implementing the obligations of the country, may be
significantly constraining an opportunity for United States
agricultural exports, the Secretary shall--
``(1) submit the evaluation to the United States Trade
Representative; and
``(2) transmit a copy of the evaluation to the Committee on
Agriculture, and the Committee on Ways and Means, of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, and the Committee on Finance, of the
Senate.''.
(b) Monitoring Compliance With Sanitary and Phytosanitary
Measures.--Section 414 of the Agricultural Trade Act of 1978
(7 U.S.C. 5674) is amended by adding at the end the
following:
``(c) Monitoring Compliance With Sanitary and Phytosanitary
Measures.--The Secretary shall monitor the compliance of
World Trade Organization member countries with the sanitary
and phytosanitary measures of the Agreement on Agriculture of
the Uruguay Round of Multilateral Trade Negotiations of the
General Agreement on Tariffs and Trade. If the Secretary has
reason to believe that any country may have failed to meet
the commitment on sanitary and phytosanitary measures under
the Agreement in a manner that adversely impacts the exports
of a United States agricultural commodity, the Secretary
shall--
``(1) provide such information to the United States Trade
Representative of the circumstances surrounding the matter
arising under this subsection; and
[[Page 679]]
``(2) with respect to any such circumstances that the
Secretary considers to have a continuing adverse effect on
United States agricultural exports, report to the Committee
on Agriculture, and the Committee on Ways and Means, of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, and the Committee on Finance, of the
Senate--
``(A) that a country may have failed to meet the sanitary
and phytosanitary commitments; and
``(B) any notice given by the Secretary to the United
States Trade Representative.''.
SEC. 243. EXPORT CREDITS.
(a) Export Credit Guarantee Program.--Section 202 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended--
(1) in subsection (a)--
(A) by striking ``Guarantees.--The'' and inserting the
following: ``Guarantees.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Supplier credits.--In carrying out this section, the
Commodity Credit Corporation may issue guarantees for the
repayment of credit made available for a period of not more
than 180 days by a United States exporter to a buyer in a
foreign country.'';
(2) in subsection (f)--
(A) by striking ``(f) Restrictions.--The'' and inserting
the following:
``(f) Restrictions.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Criteria for determination.--In making the
determination required under paragraph (1) with respect to
credit guarantees under subsection (b) for a country, the
Secretary may consider, in addition to financial,
macroeconomic, and monetary indicators--
``(A) whether an International Monetary Fund standby
agreement, Paris Club rescheduling plan, or other economic
restructuring plan is in place with respect to the country;
``(B) whether the country is addressing issues such as--
``(i) the convertibility of the currency of the country;
``(ii) adequate legal protection for foreign investments;
``(iii) the viability of the financial markets of the
country; and
``(iv) adequate legal protection for the private property
rights of citizens of the country; or
``(C) any other factors that are relevant to the ability of
the country to service the debt of the country.'';
(3) by striking subsection (h) and inserting the following:
``(h) United States Agricultural Commodities.--The
Commodity Credit Corporation shall finance or guarantee under
this section only United States agricultural commodities.'';
(4) in subsection (i)--
(A) by striking paragraph (1);
(B) by striking ``Institutions.--A financial'' and
inserting the following: ``Institutions.--
``(1) In general.--A financial'';
(C) by striking ``(2) is'' and inserting the following:
``(A) is'';
(D) by striking ``(3) is'' and inserting the following:
``(B) is''; and
(E) by adding at the end the following:
``(2) Third country banks.--The Commodity Credit
Corporation may guarantee under subsections (a) and (b) the
repayment of credit made available to finance an export sale
irrespective of whether the obligor is located in the country
to which the export sale is destined.''; and
(5) by striking subsection (k) and inserting the following:
``(k) Processed and High-Value Products.--
``(1) In general.--In issuing export credit guarantees
under this section, the Commodity Credit Corporation shall,
subject to paragraph (2), ensure that not less than 25
percent for each of fiscal years 1996 and 1997, 30 percent
for each of fiscal years 1998 and 1999, and 35 percent for
each of fiscal years 2000, 2001, and 2002, of the total
amount of credit guarantees issued for a fiscal year is
issued to promote the export of processed or high-value
agricultural products and that the balance is issued to
promote the export of bulk or raw agricultural commodities.
``(2) Limitation.--The percentage requirement of paragraph
(1) shall apply for a fiscal year to the extent that a
reduction in the total amount of credit guarantees issued for
the fiscal year is not required to meet the percentage
requirement.''.
(b) Funding Levels.--Section 211 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5641) is amended by striking subsection
(b) and inserting the following:
``(b) Export Credit Guarantee Programs.--
``(1) Export credit guarantees.--The Commodity Credit
Corporation shall make available for each of fiscal years
1996 through 2002 not less than $5,500,000,000 in credit
guarantees under subsections (a) and (b) of section 202.
``(2) Limitation on origination fee.--Notwithstanding any
other provision of law, the Secretary may not charge an
origination fee with respect to any credit guarantee
transaction under section 202(a) in excess of an amount equal
to 1 percent of the amount of credit to be guaranteed under
the transaction, except with respect to an export credit
guarantee transaction pursuant to section 1542(b) of the
Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 7 U.S.C. 5622 note).''.
(c) Definition of United States Agricultural Commodity.--
Section 102(7) of the Agricultural Trade Act of 1978 (7
U.S.C. 5602(7)) is amended by striking subparagraphs (A) and
(B) and inserting the following:
``(A) an agricultural commodity or product entirely
produced in the United States; or
``(B) a product of an agricultural commodity--
``(i) 90 percent or more of the agricultural components of
which by weight, excluding packaging and added water, is
entirely produced in the United States; and
``(ii) that the Secretary determines to be a high value
agricultural product.''.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
issue regulations to carry out the amendments made by this
section.
SEC. 244. MARKET ACCESS PROGRAM.
(a) Change of Name.--
(1) In general.--Section 203 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5623) is amended--
(A) in the section heading, by striking ``MARKET PROMOTION
PROGRAM'' and inserting ``MARKET ACCESS PROGRAM''; and
(B) by striking ``marketing promotion program'' each place
it appears and inserting ``market access program''.
(2) Conforming amendments.--
(A) Section 1302 of the Omnibus Budget Reconciliation Act
of 1993 (Public Law 103-66; 7 U.S.C. 5623) is amended--
(i) in the section heading, by striking ``MARKET PROMOTION
PROGRAM'' and inserting ``MARKET ACCESS PROGRAM''; and
(ii) in subsection (b), by striking ``market promotion
program'' each place it appears and inserting ``market access
program''.
(B) Section 211(c) of the Agricultural Trade Act of 1978 (7
U.S.C. 5641(c)) is amended--
(i) in the subsection heading, by striking ``Marketing
Promotion Programs'' and inserting ``Market Access
Programs'';
(ii) by striking ``market promotion activities'' and
inserting ``market access activities'';
(iii) in paragraph (1), by striking ``market development
program'' and inserting ``market access program''; and
(iv) in paragraph (2), by striking ``marketing promotion
program'' and inserting ``market access program''.
(b) Use of Funds.--Section 203(f) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5623(f)) is amended by adding at the
end the following:
``(4) Use of funds.--Funds made available to carry out this
section--
``(A) shall not be used to provide direct assistance to any
foreign for-profit corporation for the corporation's use in
promoting foreign-produced products;
``(B) shall not be used to provide direct assistance to any
for-profit corporation that is not recognized as a small-
business concern described in section 3(a) of the Small
Business Act (15 U.S.C. 632(a)), excluding--
``(i) a cooperative;
``(ii) an association described in the first section of the
Act entitled `An Act To authorize association of producers of
agricultural products', approved February 18, 1922 (7 U.S.C.
291); and
``(iii) a nonprofit trade association; and
``(C) may be used by a United States trade association,
cooperative, or small business for individual branded
promotional activity related to a United States branded
product, if the beneficiaries of the activity have provided
funds for the activity in an amount that is at least
equivalent to the amount of assistance provided under this
section.''.
(c) Funding.--Effective October 1, 1995, section 211(c)(1)
of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1))
is amended--
(1) by striking ``and'' after ``1991 through 1993,''; and
(2) by striking ``through 1997,'' and inserting ``through
1995, and not more than $90,000,000 for each of fiscal years
1996 through 2002,''.
SEC. 245. EXPORT ENHANCEMENT PROGRAM.
(a) In General.--Effective October 1, 1995, section 301(e)
of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(e)) is
amended by striking paragraph (1) and inserting the
following:
``(1) In general.--The Commodity Credit Corporation shall
make available to carry out the program established under
this section not more than--
``(A) $350,000,000 for fiscal year 1996;
``(B) $250,000,000 for fiscal year 1997;
``(C) $500,000,000 for fiscal year 1998;
``(D) $550,000,000 for fiscal year 1999;
``(E) $579,000,000 for fiscal year 2000;
``(F) $478,000,000 for fiscal year 2001; and
``(G) $478,000,000 for fiscal year 2002.''.
(b) Priority Funding for Intermediate Products.--Section
301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is
amended by adding at the end the following:
``(h) Priority Funding for Intermediate Products.--
``(1) In general.--Effective beginning in fiscal year 1996,
and consistent, as determined by the Secretary, with the
obligations and reduction commitments undertaken by the
United States under the Uruguay Round Agreements, the
Secretary may make available not more than $100,000,000 for
each fiscal year under this section for the sale of
intermediate agricultural products in sufficient quantities
to attain the volume of export sales consistent with the
volume of intermediate agricultural products exported by the
United States during the Uruguay Round base period years of
1986 through 1990.
[[Page 680]]
``(2) Additional assistance.--Notwithstanding paragraph
(1), if the export sale of any intermediate agricultural
product attains the volume of export sales consistent with
the volume of the intermediate agricultural product exported
by the United States during the Uruguay Round base period
years of 1986 through 1990, the Secretary may make available
additional amounts under this section for the encouragement
of export sales of the intermediate agricultural product.''.
SEC. 246. ARRIVAL CERTIFICATION.
Section 401 of the Agricultural Trade Act of 1978 (7 U.S.C.
5661) is amended by striking subsection (a) and inserting the
following:
``(a) Arrival Certification.--With respect to a commodity
provided, or for which financing or a credit guarantee or
other assistance is made available, under a program
authorized in section 201, 202, or 301, the Commodity Credit
Corporation shall require the exporter of the commodity to
maintain records of an official or customary commercial
nature or other documents as the Secretary may require, and
shall allow representatives of the Commodity Credit
Corporation access to the records or documents as needed, to
verify the arrival of the commodity in the country that is
the intended destination of the commodity.''.
SEC. 247. COMPLIANCE.
Section 402(a) of the Agricultural Trade Act of 1978 (7
U.S.C. 5662(a)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 248. REGULATIONS.
Section 404 of the Agricultural Trade Act of 1978 (7 U.S.C.
5664) is repealed.
SEC. 249. TRADE COMPENSATION AND ASSISTANCE PROGRAMS.
Subtitle B of title IV of the Agricultural Trade Act of
1978 (7 U.S.C. 5671 et seq.) is amended by adding at the end
the following:
``SEC. 417. TRADE COMPENSATION AND ASSISTANCE PROGRAMS.
``(a) In General.--Except as provided in subsection (f),
notwithstanding any other provision of law, if, after the
date of enactment of this section, the President or any other
member of the executive branch causes exports from the United
States to any country to be unilaterally suspended for
reasons of national security or foreign policy, and if within
90 days after the date on which the suspension is imposed on
United States exports no other country with an agricultural
economic interest agrees to participate in the suspension,
the Secretary shall carry out a trade compensation assistance
program in accordance with this section (referred to in this
section as a `program').
``(b) Compensation or Provision of Funds.--Under a program,
the Secretary shall, based on an evaluation by the Secretary
of the method most likely to produce the greatest
compensatory benefit for producers of the commodity involved
in the suspension--
``(1) compensate producers of the commodity by making
payments available to producers, as provided by subsection
(c)(1); or
``(2) make available an amount of funds calculated under
subsection (c)(2), to promote agricultural exports or provide
agricultural commodities to developing countries under any
authorities available to the Secretary.
``(c) Determination of Amount of Compensation or Funds.--
``(1) Compensation.--If the Secretary makes payments
available to producers under subsection (b)(1), the amount of
the payment shall be determined by the Secretary based on the
Secretary's estimate of the loss suffered by producers of the
commodity involved due to any decrease in the price of the
commodity as a result of the suspension.
``(2) Determination of amount of funds.--For each fiscal
year of a program, the amount of funds made available under
subsection (b)(2) shall be equal to 90 percent of the average
annual value of United States agricultural exports to the
country with respect to which exports are suspended during
the most recent 3 years prior to the suspension for which
data are available.
``(d) Duration of Program.--For each suspension of exports
for which a program is implemented under this section, funds
shall be made available under subsection (b) for each fiscal
year or part of a fiscal year for which the suspension is in
effect, but not to exceed 3 fiscal years.
``(e) Commodity Credit Corporation.--The Secretary shall
use funds of the Commodity Credit Corporation to carry out
this section.
``(f) Exception to Carrying Out a Program.--This section
shall not apply to any suspension of trade due to a war or
armed hostility.
``(g) Partial Year Embargoes.--If the Secretary makes funds
available under subsection (b)(2), regardless of whether an
embargo is in effect for only part of a fiscal year, the full
amount of funds as calculated under subsection (c)(2) shall
be made available under a program for the fiscal year. If the
Secretary determines that making the required amount of funds
available in a partial fiscal year is impracticable, the
Secretary may make all or part of the funds required to be
made available in the following fiscal year (in addition to
any funds otherwise required under a program to be made
available in the following fiscal year).
``(h) Short Supply Embargoes.--If the President or any
other member of the executive branch causes exports to be
suspended based on a determination of short supply, the
Secretary shall carry out section 1002 of the Food and
Agriculture Act of 1977 (7 U.S.C. 1310).''.
SEC. 250. FOREIGN AGRICULTURAL SERVICE.
Section 503 of the Agricultural Trade Act of 1978 (7 U.S.C.
5693) is amended to read as follows:
``SEC. 503. DUTIES OF FOREIGN AGRICULTURAL SERVICE.
``The Service shall assist the Secretary in carrying out
the agricultural trade policy and international cooperation
policy of the United States by--
``(1) acquiring information pertaining to agricultural
trade;
``(2) carrying out market promotion and development
activities;
``(3) providing agricultural technical assistance and
training; and
``(4) carrying out the programs authorized under this Act,
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.), and other Acts.''.
SEC. 251. REPORTS.
The first sentence of section 603 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5713) is amended by striking ``The''
and inserting ``Subject to section 217 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6917),
the''.
SEC. 252. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.)
is amended by adding at the end the following:
``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM
``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION.
``In this title, the term `eligible trade organization'
means a United States trade organization that--
``(1) promotes the export of 1 or more United States
agricultural commodities or products; and
``(2) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities
or products.
``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) In General.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and
develop foreign markets for United States agricultural
commodities and products.
``(b) Administration.--Funds made available to carry out
this title shall be used only to provide--
``(1) cost-share assistance to an eligible trade
organization under a contract or agreement with the
organization; and
``(2) assistance for other costs that are necessary or
appropriate to carry out the foreign market development
cooperator program, including contingent liabilities that are
not otherwise funded.
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of fiscal years
1996 through 2002.''.
Subtitle C--Miscellaneous Agricultural Trade Provisions
SEC. 261. EDWARD R. MADIGAN UNITED STATES AGRICULTURAL EXPORT
EXCELLENCE AWARD.
(a) Findings.--Congress finds that--
(1) United States producers of agricultural products are
some of the most productive and efficient producers of
agricultural products in the world;
(2) continued growth and expansion of markets for United
States agricultural exports is crucial to the continued
development and economic well-being of rural areas of the
United States and the agricultural sector of the United
States economy;
(3) in recent years, United States agricultural exports
have steadily increased, surpassing $54,000,000,000 in value
in 1995;
(4) as United States agricultural producers move toward a
market-oriented system in which planting and other decisions
by producers are driven by national and international market
signals, developing new and expanding agricultural export
markets is vital to maintaining a vibrant and healthy
agricultural sector and rural economy; and
(5) a United States agricultural export excellence award
will increase United States agricultural exports by--
(A) identifying efforts of United States entities to
develop and expand markets for United States agricultural
exports through the development of new products and services
and through the use of innovative marketing techniques;
(B) recognizing achievements of those who have exhibited or
supported entrepreneurial efforts to expand and create new
markets for United States agricultural exports or increase
the volume or value of United States agricultural exports;
and
(C) disseminating information on successful methods used to
develop and expand markets for United States agricultural
exports.
(b) Establishment.--There is established the Edward R.
Madigan United States Agricultural Export Excellence Award,
which shall be evidenced by a medal bearing the inscription
``Edward R. Madigan United States Agricultural Export
Excellence Award''. The medal shall be of such design and
materials and bear such additional inscriptions as the
Secretary of Agriculture (referred to in this section as the
``Secretary'') may prescribe.
(c) Selection of Recipient.--The President or the Secretary
(on the basis of recommendations received from the board
established under subsection (h)) shall periodically provide
the award to companies and
[[Page 681]]
other entities that in the judgment of the President or the
Secretary substantially encourage entrepreneurial efforts in
the food and agriculture sector for advancing United States
agricultural exports.
(d) Presentation of Award.--The presentation of the award
shall be made by the President or the Secretary with such
ceremonies as the President or the Secretary considers
proper.
(e) Publication of Award.--An entity to which an award is
made under this section may publicize the receipt of the
award by the entity and use the award in advertising of the
entity.
(f) Categories for Which Award May Be Given.--Separate
awards shall be made to qualifying entities in each of the
following categories:
(1) Development of new products or services for
agricultural export markets.
(2) Development of new agricultural export markets.
(3) Creative marketing of products or services in
agricultural export markets.
(g) Criteria for Qualification.--An entity may qualify for
an award under this section only if the entity--
(1)(A) applies to the board established under subsection
(h) in writing for the award; or
(B) is recommended for the award by a Governor of a State;
(2)(A) has exhibited significant entrepreneurial effort to
create new markets for United States agricultural exports or
increase United States agricultural exports; or
(B) has provided significant assistance to others in an
effort to create new markets for United States agricultural
exports or increase United States agricultural exports;
(3) has not received another award in the same category
under subsection (f) during the preceding 5-year period; and
(4) meets such other requirements and specifications as the
Secretary determines are appropriate to achieve the
objectives of this section.
(h) Board.--
(1) Selection.--The Secretary shall appoint a board of
evaluators, consisting of at least 5 individuals from the
private sector selected for their knowledge and experience in
exporting United States agricultural products.
(2) Meetings.--The board shall meet at least once annually
to review and evaluate all applicants and entities
recommended by States under subsection (g)(1).
(3) Recommendations of board.--The board shall report its
recommendations concerning the making of the award to the
Secretary.
(4) Term.--Each member of the board may serve a term of not
to exceed 3 years.
(i) Funding.--The Secretary may seek and accept gifts from
public and private sources to carry out this section.
SEC. 262. REPORTING REQUIREMENTS RELATING TO TOBACCO.
Section 214 of the Tobacco Adjustment Act of 1983 (7 U.S.C.
509) is repealed.
SEC. 263. TRIGGERED EXPORT ENHANCEMENT.
(a) Readjustment of Support Levels.--Section 1302 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law 101-
508; 7 U.S.C. 1421 note) is repealed.
(b) Triggered Marketing Loans and Export Enhancement.--
Section 4301 of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418; 7 U.S.C. 1446 note) is repealed.
(c) Effective Date.--The amendments made by this section
shall be effective beginning with the 1996 crops of wheat,
feed grains, upland cotton, and rice.
SEC. 264. DISPOSITION OF COMMODITIES TO PREVENT WASTE.
Section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431)
is amended--
(1) in subsection (b)--
(A) in paragraph (7)--
(i) in subparagraph (D)(iv), by striking ``one year of
acquisition'' and all that follows through the period at the
end and inserting the following: ``a reasonable length of
time, as determined by the Secretary, except that the
Secretary may permit the use of proceeds in a country other
than the country of origin--
``(I) as necessary to expedite the transportation of
commodities and products furnished under this subsection; or
``(II) if the proceeds are generated in a currency
generally accepted in the other country.''; and
(ii) by striking the sentence following subparagraph (F)
and inserting the following: ``The Secretary may approve the
use of proceeds or services realized from the sale or barter
of a commodity furnished under this subsection by a nonprofit
voluntary agency, cooperative, or intergovernmental agency or
organization to meet administrative expenses incurred in
connection with activities undertaken under this
subsection.'';
(B) in paragraph (8), by striking subparagraph (C); and
(C) by striking paragraphs (10), (11), and (12); and
(2) by striking subsection (c).
SEC. 265. DEBT-FOR-HEALTH-AND-PROTECTION SWAP.
(a) In General.--Section 1517 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1706) is
repealed.
(b) Technical Amendment.--Subsection (e)(3) of the Food for
Progress Act of 1985 (7 U.S.C. 1736o(e)(3)) is amended by
striking ``section 106'' and inserting ``section 103''.
SEC. 266. POLICY ON EXPANSION OF INTERNATIONAL MARKETS.
Section 1207 of the Agriculture and Food Act of 1981 (7
U.S.C. 1736m) is repealed.
SEC. 267. POLICY ON MAINTENANCE AND DEVELOPMENT OF EXPORT
MARKETS.
Section 1121 of the Food Security Act of 1985 (7 U.S.C.
1736p) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b)''; and
(B) by striking paragraphs (1) through (4) and inserting
the following:
``(1) be the premier supplier of agricultural and food
products to world markets and expand exports of high value
products;
``(2) support the principle of free trade and the promotion
of fair trade in agricultural commodities and products;
``(3) cooperate fully in all efforts to negotiate with
foreign countries further reductions in tariff and nontariff
barriers to trade, including sanitary and phytosanitary
measures and trade-distorting subsidies;
``(4) aggressively counter unfair foreign trade practices
as a means of encouraging fairer trade;''.
SEC. 268. POLICY ON TRADE LIBERALIZATION.
Section 1122 of the Food Security Act of 1985 (7 U.S.C.
1736q) is repealed.
SEC. 269. AGRICULTURAL TRADE NEGOTIATIONS.
Section 1123 of the Food Security Act of 1985 (7 U.S.C.
1736r) is amended to read as follows:
``SEC. 1123. TRADE NEGOTIATIONS POLICY.
``(a) Findings.--Congress finds that--
``(1) on a level playing field, United States producers are
the most competitive suppliers of agricultural products in
the world;
``(2) exports of United States agricultural products
accounted for $54,000,000,000 in 1995, contributing a net
$24,000,000,000 to the merchandise trade balance of the
United States and supporting approximately 1,000,000 jobs;
``(3) increased agricultural exports are critical to the
future of the farm, rural, and overall United States economy,
but the opportunities for increased agricultural exports are
limited by the unfair subsidies of the competitors of the
United States, and a variety of tariff and nontariff barriers
to highly competitive United States agricultural products;
``(4) international negotiations can play a key role in
breaking down barriers to United States agricultural exports;
``(5) the Uruguay Round Agreement on Agriculture made
significant progress in the attainment of increased market
access opportunities for United States exports of
agricultural products, for the first time--
``(A) restraining foreign trade-distorting domestic support
and export subsidy programs; and
``(B) developing common rules for the application of
sanitary and phytosanitary restrictions;
that should result in increased exports of United States
agricultural products, jobs, and income growth in the United
States;
``(6) the Uruguay Round Agreement on Agriculture did not
succeed in completely eliminating trade distorting domestic
support and export subsidies by--
``(A) allowing the European Union to continue unreasonable
levels of spending on export subsidies; and
``(B) failing to discipline monopolistic state trading
entities, such as the Canadian Wheat Board, that use
nontransparent and discriminatory pricing as a hidden de
facto export subsidy;
``(7) during the period 1996 through 2002, there will be
several opportunities for the United States to negotiate
fairer trade in agricultural products, including further
negotiations under the World Trade Organization, and steps
toward possible free trade agreements of the Americas and
Asian-Pacific Economic Cooperation (APEC); and
``(8) the United States should aggressively use these
opportunities to achieve more open and fair opportunities for
trade in agricultural products.
``(b) Goals of the United States in Agricultural Trade
Negotiations.--The objectives of the United States with
respect to future negotiations on agricultural trade
include--
``(1) increasing opportunities for United States exports of
agricultural products by eliminating tariff and nontariff
barriers to trade;
``(2) leveling the playing field for United States
producers of agricultural products by limiting per unit
domestic production supports to levels that are no greater
than those available in the United States;
``(3) ending the practice of export dumping by eliminating
all trade distorting export subsidies and disciplining state
trading entities so that they do not (except in cases of bona
fide food aid) sell in foreign markets at prices below
domestic market prices or prices below their full costs of
acquiring and delivering agricultural products to the foreign
markets; and
``(4) encouraging government policies that avoid price-
depressing surpluses.''.
SEC. 270. POLICY ON UNFAIR TRADE PRACTICES.
Section 1164 of the Food Security Act of 1985 (Public Law
99-198; 99 Stat. 1499) is repealed.
SEC. 271. AGRICULTURAL AID AND TRADE MISSIONS.
(a) In General.--The Agricultural Aid and Trade Missions
Act (7 U.S.C. 1736bb et seq.) is repealed.
(b) Conforming Amendment.--Section 7 of Public Law 100-277
(7 U.S.C. 1736bb note) is repealed.
[[Page 682]]
SEC. 272. ANNUAL REPORTS BY AGRICULTURAL ATTACHES.
Section 108(b)(1)(B) of the Agricultural Act of 1954 (7
U.S.C. 1748(b)(1)(B)) is amended by striking ``including
fruits, vegetables, legumes, popcorn and ducks''.
SEC. 273. WORLD LIVESTOCK MARKET PRICE INFORMATION.
Section 1545 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1761 note) is
repealed.
SEC. 274. ORDERLY LIQUIDATION OF STOCKS.
Sections 201 and 207 of the Agricultural Act of 1956 (7
U.S.C. 1851 and 1857) are repealed.
SEC. 275. SALES OF EXTRA LONG STAPLE COTTON.
Section 202 of the Agricultural Act of 1956 (7 U.S.C. 1852)
is repealed.
SEC. 276. REGULATIONS.
Section 707 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 7 U.S.C. 5621 note) is amended by striking
subsection (d).
SEC. 277. EMERGING MARKETS.
(a) Promotion of Agricultural Exports to Emerging
Markets.--
(1) Emerging markets.--Section 1542 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5622 note) is amended--
(A) in the section heading, by striking ``EMERGING
DEMOCRACIES'' and inserting ``EMERGING MARKETS'';
(B) by striking ``emerging democracies'' each place it
appears in subsections (b), (d), and (e) and inserting
``emerging markets'';
(C) in subsection (c), by striking ``emerging democracy''
each place it appears and inserting ``emerging market''; and
(D) by striking subsection (f) and inserting the following:
``(f) Emerging Market.--In this section and section 1543,
the term `emerging market' means any country that the
Secretary determines--
``(1) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(2) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Funding.--Section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 is amended by striking
subsection (a) and inserting the following:
``(a) Funding.--The Commodity Credit Corporation shall make
available for fiscal years 1996 through 2002 not less than
$1,000,000,000 of direct credits or export credit guarantees
for exports to emerging markets under section 201 or 202 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622),
in addition to the amounts acquired or authorized under
section 211 of the Act (7 U.S.C. 5641) for the program.''.
(3) Agricultural fellowship program.--Section 1542 of the
Food, Agriculture, Conservation, and Trade Act of 1990 is
amended--
(A) in subsection (b), by striking the last sentence and
inserting the following: ``The Commodity Credit Corporation
shall give priority under this subsection to--
``(A) projects that encourage the privatization of the
agricultural sector or that benefit private farms or
cooperatives in emerging markets; and
``(B) projects for which nongovernmental persons agree to
assume a relatively larger share of the costs.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``the Soviet Union'' and inserting ``emerging markets'';
(ii) in paragraph (1)--
(I) in subparagraph (A)(i)--
(aa) by striking ``1995'' and inserting ``2002''; and
(bb) by striking ``those systems, and identify'' and
inserting ``the systems, including potential reductions in
trade barriers, and identify and carry out'';
(II) in subparagraph (B), by striking ``shall'' and
inserting ``may'';
(III) in subparagraph (D), by inserting ``(including the
establishment of extension services)'' after ``technical
assistance'';
(IV) by striking subparagraph (F); and
(V) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively;
(iii) in paragraph (2)--
(I) by striking ``the Soviet Union'' each place it appears
and inserting ``emerging markets'';
(II) in subparagraph (A), by striking ``a free market food
production and distribution system'' and inserting ``free
market food production and distribution systems'';
(III) in subparagraph (B)--
(aa) in clause (i), by striking ``Government'' and
inserting ``governments'';
(bb) in clause (iii)(II), by striking ``and'' at the end;
(cc) in clause (iii)(III), by striking the period at the
end and inserting ``; and''; and
(dd) by adding at the end of clause (iii) the following:
``(IV) to provide for the exchange of administrators and
faculty members from agricultural and other institutions to
strengthen and revise educational programs in agricultural
economics, agribusiness, and agrarian law, to support change
towards a free market economy in emerging markets.'';
(IV) by striking subparagraph (D); and
(V) by redesignating subparagraph (E) as subparagraph (D);
and
(iv) by striking paragraph (3).
(4) United states agricultural commodity.--Subsections (b)
and (c) of section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 are amended by striking
``section 101(6)'' each place it appears and inserting
``section 102(7)''.
(5) Report.--The first sentence of section 1542(e)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by striking ``Not'' and inserting ``Subject to
section 217 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6917), not''.
(b) Agricultural Fellowship Program for Middle Income
Countries, Emerging Democracies, and Emerging Markets.--
Section 1543 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in the section heading, by striking ``MIDDLE INCOME
COUNTRIES AND EMERGING DEMOCRACIES'' and inserting ``MIDDLE
INCOME COUNTRIES, EMERGING DEMOCRACIES, AND EMERGING
MARKETS'';
(2) in subsection (b), by adding at the end the following:
``(5) Emerging market.--Any emerging market, as defined in
section 1542(f).''; and
(3) in subsection (c)(1), by striking ``food needs'' and
inserting ``food and fiber needs''.
(c) Conforming Amendments.--
(1) Section 501 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1737) is amended--
(A) in subsection (a), by striking ``emerging democracies''
and inserting ``emerging markets''; and
(B) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Emerging market.--The term `emerging market' means
any country that the Secretary determines--
``(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of the country; and
``(B) has the potential to provide a viable and significant
market for United States agricultural commodities or products
of United States agricultural commodities.''.
(2) Section 201(d)(1)(C)(ii) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621(d)(1)(C)(ii)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
(3) Section 202(d)(3)(B) of the Agricultural Trade Act of
1978 (7 U.S.C. 5622(d)(3)(B)) is amended by striking
``emerging democracies'' and inserting ``emerging markets''.
SEC. 278. REIMBURSEMENT FOR OVERHEAD EXPENSES.
Section 1542(d)(1)(D) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 7
U.S.C. 5622 note) is amended by adding at the end the
following: ``Notwithstanding any other provision of law, the
assistance shall include assistance for administrative and
overhead expenses of the International Cooperation and
Development Program Area of the Foreign Agriculture Service,
to the extent that the expenses were incurred pursuant to
reimbursable agreements entered into prior to September 30,
1993, the expenses do not exceed $2,000,000 per year, and the
expenses are not incurred for information technology
systems.''.
SEC. 279. LABELING OF DOMESTIC AND IMPORTED LAMB AND MUTTON.
Section 7 of the Federal Meat Inspection Act (21 U.S.C.
607) is amended by adding at the end the following:
``(f) Lamb and Mutton.--The Secretary, consistent with
United States international obligations, shall establish
standards for the labeling of sheep carcasses, parts of sheep
carcasses, sheepmeat, and sheepmeat food products.''.
SEC. 280. IMPORT ASSISTANCE FOR CBI BENEFICIARY COUNTRIES AND
THE PHILIPPINES.
Section 583 of Public Law 100-202 (101 Stat. 1329-182) is
repealed.
SEC. 281. STUDIES, REPORTS, AND OTHER PROVISIONS.
(a) In General.--Sections 1551 through 1555, section 1558,
and section 1559 of subtitle E of title XV of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 104 Stat. 3696) (as redesignated by section 1011(d)
of the Federal Reports Elimination and Sunset Act of 1995
(Public Law 104-66; 109 Stat. 709)) are repealed.
(b) Language Proficiency.--Section 1556 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-624; 7 U.S.C. 5694 note) is amended by striking
subsection (c).
SEC. 282. SENSE OF CONGRESS CONCERNING MULTILATERAL
DISCIPLINES ON CREDIT GUARANTEES.
It is the sense of Congress that--
(1) in negotiations to establish multilateral disciplines
on agricultural export credits and credit guarantees, the
United States should not agree to any arrangement that is
incompatible with the provisions of United States law that
authorize agricultural export credits and credit guarantees;
(2) in the negotiations (which are held under the auspices
of the Organization for Economic Cooperation and
Development), the United States should not reach any
agreement that fails to impose disciplines on the practices
of foreign government trading entities such as the Australian
Wheat Board, the Canadian Wheat Board, the New Zealand Dairy
Board, and the Australian Dairy Board; and
(3) the disciplines should include greater openness in the
operations of the entities as
[[Page 683]]
long as the entities are subsidized by the foreign government
or have monopolies for exports of a commodity that are
sanctioned by the foreign government.
SEC. 283. INTERNATIONAL COTTON ADVISORY COMMITTEE.
(a) In General.--The President shall ensure that the
Government of the United States participates as a full member
of the International Cotton Advisory Committee.
(b) Representation by the Secretary.--The Secretary of
Agriculture shall represent the Government of the United
States as a member of the International Cotton Advisory
Committee and shall delegate the primary responsibility to
represent the Government of the United States to
appropriately qualified individuals.
TITLE III--CONSERVATION
Subtitle A--Definitions
SEC. 301. DEFINITIONS APPLICABLE TO HIGHLY ERODIBLE CROPLAND
CONSERVATION.
(a) Conservation Plan and Conservation System.--Section
1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a))
is amended--
(1) by redesignating paragraphs (2) through (16) as
paragraphs (4) through (18), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Conservation plan.--The term `conservation plan'
means the document that--
``(A) applies to highly erodible cropland;
``(B) describes the conservation system applicable to the
highly erodible cropland and describes the decisions of the
person with respect to location, land use, tillage systems,
and conservation treatment measures and schedule; and
``(C) is approved by the local soil conservation district,
in consultation with the local committees established under
section 8(b)(5) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)) and the Secretary, or by
the Secretary.
``(3) Conservation system.--The term `conservation system'
means a combination of 1 or more conservation measures or
management practices that--
``(A) are based on local resource conditions, available
conservation technology, and the standards and guidelines
contained in the Natural Resources Conservation Service field
office technical guides; and
``(B) are designed to achieve, in a cost effective and
technically practicable manner, a substantial reduction in
soil erosion or a substantial improvement in soil conditions
on a field or group of fields containing highly erodible
cropland when compared to the level of erosion or soil
conditions that existed before the application of the
conservation measures and management practices.''.
(b) Field.--Section 1201(a) of the Food Security Act of
1985 is amended by striking paragraph (7) (as redesignated by
subsection (a)(1)) and inserting the following:
``(7) Field.--The term `field' means a part of a farm that
is separated from the balance of the farm by permanent
boundaries such as fences, roads, permanent waterways, or
other similar features. At the option of the owner or
operator of the farm, croplines may also be used to delineate
a field if farming practices make it probable that the
croplines are not subject to change. Any highly erodible land
on which an agricultural commodity is produced after December
23, 1985, and that is not exempt under section 1212, shall be
considered as part of the field in which the land was
included on December 23, 1985, unless the owner and Secretary
agree to modification of the boundaries of the field to carry
out this title.''.
(c) Highly Erodible Land.--Section 1201(a)(9) of the Food
Security Act of 1985 (as redesignated by subsection (a)(1))
is amended by adding at the end the following:
``(C) Equations.--Not later than 60 days after the date of
enactment of this subparagraph, the Secretary shall publish
in the Federal Register the universal soil loss equation and
wind erosion equation used by the Department of Agriculture
as of that date. The Secretary may not change the equations
after that date except following notice and comment in a
manner consistent with section 553 of title 5, United States
Code.''.
(d) Conforming Amendments.--Section 1212 of the Food
Security Act of 1985 (16 U.S.C. 3812) is amended--
(1) in the first sentence of subsection (a)(2), by striking
``that documents'' and all that follows through ``by the
Secretary'';
(2) in subsection (c)(3), by striking ``based on'' and all
that follows through ``and the Secretary,'' and inserting ``,
in which case,'';
(3) in subsection (e)(1)(A), by striking ``conservation
compliance plan'' and inserting ``conservation plan''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``that documents'' and
all that follows through ``under subsection (a)'';
(B) in paragraph (3), by striking ``prepared under
subsection (a)''; and
(C) in paragraph (4), by striking ``that documents'' and
all that follows through ``subsection (a)''.
Subtitle B--Highly Erodible Land Conservation
SEC. 311. PROGRAM INELIGIBILITY.
Effective 90 days after the date of enactment of this Act,
section 1211 of the Food Security Act of 1985 (16 U.S.C.
3811) is amended--
(1) in the matter preceding paragraph (1), by striking
``following the date of enactment of this Act,'';
(2) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) contract payments under a production flexibility
contract, marketing assistance loans, and any type of price
support or payment made available under the Agricultural
Market Transition Act, the Commodity Credit Corporation
Charter Act (15 U.S.C. 714 et seq.), or any other Act;'';
(B) by striking subparagraph (C);
(C) in subparagraph (D), by striking ``made under'' and all
that follows through ``August 14, 1989'';
(D) in subparagraph (E), by striking ``Farmers Home
Administration'' and inserting ``Consolidated Farm Service
Agency''; and
(E) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(3) by striking paragraph (3) and inserting the following:
``(3) during the crop year--
``(A) a payment made pursuant to a contract entered into
under the environmental quality incentives program under
chapter 4 of subtitle D;
``(B) a payment under any other provision of subtitle D;
``(C) a payment under section 401 or 402 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202); or
``(D) a payment, loan, or other assistance under section 3
or 8 of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1003 and 1006a).''.
SEC. 312. CONSERVATION RESERVE LANDS.
Section 1212(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3812(a)(3)) is amended by striking ``shall, if the
conservation plan established under this subtitle for such
land requires structures to be constructed,'' and inserting
``shall only be required to apply a conservation plan
established under this subtitle. The person shall not be
required to meet a higher conservation standard than the
standard applied to other highly erodible cropland located
within the same area. If the person's conservation plan
requires structures to be constructed, the person shall''.
SEC. 313. GOOD FAITH EXEMPTION.
(a) Grace Period To Resume Conservation Compliance.--
Section 1212(f)(1) of the Food Security Act of 1985 (16
U.S.C. 3812(f)(1)) is amended--
(1) by striking ``Except to the extent provided in
paragraph (2), no'' and inserting ``No''; and
(2) by striking ``such person has--'' and all that follows
through the period at the end of subparagraph (B) and
inserting the following: ``the person has acted in good faith
and without an intent to violate this subtitle. A person who
meets the requirements of this paragraph shall be allowed a
reasonable period of time, as determined by the Secretary,
but not to exceed 1 year, during which to implement the
measures and practices necessary to be considered to be
actively applying the person's conservation plan.''.
(b) Special Penalties Regarding Certain Highly Erodible
Cropland.--Section 1212(f)(2) of the Food Security Act of
1985 (16 U.S.C. 3812(f)(2)) is amended by striking ``meets
the requirements of paragraph (1)'' and inserting ``with
respect to highly erodible cropland that was not in
production prior to December 23, 1985, and has acted in good
faith and without an intent to violate the provisions''.
(c) Conforming Amendment.--Section 1212(f)(4) of the Food
Security Act of 1985 (16 U.S.C. 3812(f)(4)) is amended by
striking the last sentence.
SEC. 314. EXPEDITED PROCEDURES FOR GRANTING VARIANCES FROM
CONSERVATION PLANS.
Section 1212(f) of the Food Security Act of 1985 (16 U.S.C.
3812(f)(4)) is amended--
(1) in paragraph (4)(C), by striking ``problem'' and
inserting ``problem, including weather, pest, and disease
problems''; and
(2) by adding at the end the following:
``(5) Expedited procedures for temporary variances.--After
consultation with local conservation districts, the Secretary
shall establish expedited procedures for the consideration
and granting of temporary variances under paragraph (4)(C).
If the request for a temporary variance under paragraph
(4)(C) involves the use of practices or measures to address
weather, pest, or disease problems, the Secretary shall make
a decision on whether to grant the variance during the 30-day
period beginning on the date of receipt of the request. If
the Secretary fails to render a decision during the period,
the temporary variance shall be considered granted.''.
SEC. 315. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION
PLANS AND CONSERVATION SYSTEMS.
(a) Development and Implementation.--The Food Security Act
of 1985 is amended--
(1) by redesignating section 1213 (16 U.S.C. 3813) as
section 1214; and
(2) by inserting after section 1212 (16 U.S.C. 3812) the
following:
``SEC. 1213. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION
PLANS AND CONSERVATION SYSTEMS.
``(a) Technical Requirements.--In connection with the
standards and guidelines contained in Natural Resources
Conservation Service field office technical guides applicable
to the development and use of conservation measures and
management practices as part of a conservation system, the
Secretary shall ensure that the standards and guidelines
permit a person to use a conservation system that--
[[Page 684]]
``(1) is technically and economically feasible;
``(2) is based on local resource conditions and available
conservation technology;
``(3) is cost-effective; and
``(4) does not cause undue economic hardship on the person
applying the conservation system under the person's
conservation plan.
``(b) Measurement of Erosion Reduction.--For the purpose of
determining whether there is a substantial reduction in soil
erosion on a field containing highly erodible cropland, the
measurement of erosion reduction achieved by the application
of a conservation system under a person's conservation plan
shall be based on the estimated annual level of erosion at
the time of the measurement compared to the estimated annual
level of erosion that existed before the implementation of
the conservation measures and management practices provided
for in the conservation system.
``(c) Residue Measurement.--
``(1) Responsibilities of the secretary.--For the purpose
of measuring the level of residue on a field, the Secretary
shall--
``(A) take into account any residue incorporated into the
top 2 inches of soil, as well as the growing crop, in the
measurement;
``(B) provide technical guidelines for acceptable residue
measurement methods;
``(C) provide a certification system for third parties to
perform residue measurements; and
``(D) provide for the acceptance and use of information and
data voluntarily provided by the producer regarding the
field.
``(2) Acceptance of producer measurements.--Annual residue
measurements supplied by a producer (including measurements
performed by a certified third party) shall be used by the
Secretary if the Secretary determines that the measurements
indicate that the residue level for the field meets the level
required under the conservation plan.
``(d) Certification of Compliance.--
``(1) In general.--For the purpose of determining the
eligibility of a person for program benefits specified in
section 1211 at the time application is made for the
benefits, the Secretary shall permit the person to certify
that the person is complying with the person's conservation
plan.
``(2) Status reviews.--If a person makes a certification
under paragraph (1), the Secretary shall not be required to
carry out a review of the status of compliance of the person
with the conservation plan under which the conservation
system is being applied.
``(3) Revisions and modifications.--The Secretary shall
permit a person who makes a certification under paragraph (1)
with respect to a conservation plan to revise the
conservation plan in any manner, if the same level of
conservation treatment provided for by the conservation
system under the person's conservation plan is maintained.
The Secretary may not revise the person's conservation plan
without the concurrence of the person.
``(e) Technical Assistance.--The Secretary shall, using
available resources and consistent with the Secretary's other
conservation responsibilities and objectives, provide
technical assistance to a person throughout the development,
revision, and application of the conservation plan and any
conservation system of the person. At the request of the
person, the Secretary may provide technical assistance
regarding conservation measures and management practices for
other lands of the person that do not contain highly erodible
cropland.
``(f) Encouragement of On-Farm Research.--To encourage on-
farm conservation research, the Secretary may allow a person
to include in the person's conservation plan or a
conservation system under the plan, on a field trial basis,
practices that are not currently approved but that the
Secretary considers have a reasonable likelihood of
success.''.
(b) Treatment of Technical Determinations.--Section
226(d)(2) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6932(d)(2)) is amended--
(1) by striking ``determination.--With'' and inserting
``determination.--
``(A) In general.--With''; and
(2) by adding at the end the following:
``(B) Economic hardship.--After a technical determination
has been made, on a producer's request, if a county or area
committee determines that the application of the producer's
conservation system would impose an undue economic hardship
on the producer, the committee shall provide the producer
with relief to avoid the hardship.''.
SEC. 316. INVESTIGATION OF POSSIBLE COMPLIANCE DEFICIENCIES.
Subtitle B of title XII of the Food Security Act of 1985
(as amended by section 315(a)(1)) is amended by adding at the
end the following:
``SEC. 1215. NOTICE AND INVESTIGATION OF POSSIBLE COMPLIANCE
DEFICIENCIES.
``(a) In General.--An employee of the Department of
Agriculture who observes a possible compliance deficiency or
other potential violation of a conservation plan or this
subtitle while providing on-site technical assistance shall
provide to the responsible persons, not later than 45 days
after observing the possible violation, information regarding
actions needed to comply with the plan and this subtitle. The
employee shall provide the information in lieu of reporting
the observation as a compliance violation.
``(b) Corrective Action.--The responsible persons shall
attempt to correct the deficiencies as soon as practicable
after receiving the information.
``(c) Review.--If the corrective action is not fully
implemented not later than 1 year after the responsible
persons receive the information, the Secretary may conduct a
review of the status of compliance of the persons with the
conservation plan and this subtitle.''.
SEC. 317. WIND EROSION ESTIMATION PILOT PROJECT.
(a) In General.--The Secretary of Agriculture shall conduct
a pilot project to review, and modify as appropriate, the use
of wind erosion factors under the highly erodible
conservation requirements of subtitle B of title XII of the
Food Security Act of 1985 (16 U.S.C. 3811 et seq.)
(b) Selection of Counties and Producers.--The pilot project
shall be conducted for producers in those counties that--
(1) have approximately 100 percent of their cropland
determined to be highly erodible under title XII of the Act;
(2) have a reasonable likelihood that the use of wind
erosion factors under title XII of the Act have resulted in
an inequitable application of the highly erodible land
requirements of title XII of the Act; and
(3) if the use of the land classification system under
section 1201(a)(9)(A) of the Act (as redesignated by section
301(a)(1)) may result in a more accurate delineation of the
cropland.
(c) Errors in Delineation.--If the Secretary determines
that a significant error has occurred in delineating cropland
under the pilot project, the Secretary shall, at the request
of the owners or operators of the cropland, conduct a new
delineation of the cropland using the most accurate available
delineation process, as determined by the Secretary.
Subtitle C--Wetland Conservation
SEC. 321. PROGRAM INELIGIBILITY.
(a) Program Ineligibility.--Section 1221 of the Food
Security Act of 1985 (16 U.S.C. 3821) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking the section heading and all that follows
through the end of subsection (a) and inserting the
following:
``SEC. 1221. PROGRAM INELIGIBILITY.
``(a) Production on Converted Wetland.--Except as provided
in this subtitle and notwithstanding any other provision of
law, any person who in any crop year produces an agricultural
commodity on converted wetland, as determined by the
Secretary, shall be--
``(1) in violation of this section; and
``(2) ineligible for loans or payments in an amount
determined by the Secretary to be proportionate to the
severity of the violation.
``(b) Ineligibility for Certain Loans and Payments.--If a
person is determined to have committed a violation under
subsection (a) during a crop year, the Secretary shall
determine which of, and the amount of, the following loans
and payments for which the person shall be ineligible:
``(1) Contract payments under a production flexibility
contract, marketing assistance loans, and any type of price
support or payment made available under the Agricultural
Market Transition Act, the Commodity Credit Corporation
Charter Act (15 U.S.C. 714 et seq.), or any other Act.
``(2) A loan made or guaranteed under the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) or any
other provision of law administered by the Consolidated Farm
Service Agency, if the Secretary determines that the proceeds
of the loan will be used for a purpose that will contribute
to conversion of a wetland (other than as provided in this
subtitle) to produce an agricultural commodity.
``(3) During the crop year:
``(A) A payment made pursuant to a contract entered into
under the environmental quality incentives program under
chapter 4 of subtitle D.
``(B) A payment under any other provision of subtitle D.
``(C) A payment under section 401 or 402 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202).
``(D) A payment, loan, or other assistance under section 3
or 8 of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1003 and 1006a).''.
(b) Conforming Amendments.--
(1) Section 1221(c) of the Food Security Act of 1985 (as
redesignated by subsection (a)(1)) is amended--
(A) by striking ``Except'' and inserting ``Wetland
Conversion.--Except'';
(B) by striking ``subsequent to the date of enactment of
the Food, Agriculture, Conservation, and Trade Act of 1990''
and inserting ``beginning after November 28, 1990,''; and
(C) by striking ``subsections (a) (1) through (3)'' and
inserting ``subsection (b)''.
(2) Section 1221 of the Food Security Act of 1985 (as
amended by subsection (a)) is amended by adding at the end
the following:
``(d) Prior Loans.--This section shall not apply to a loan
described in subsection (b) made before December 23, 1985.''.
SEC. 322. DELINEATION OF WETLANDS; EXEMPTIONS TO PROGRAM
INELIGIBILITY.
(a) Delineation of Wetlands.--Section 1222 of the Food
Security Act of 1985 (16 U.S.C. 3822) is amended by striking
subsection (a) and inserting the following:
``(a) Delineation by the Secretary.--
``(1) In general.--Subject to subsection (b) and paragraph
(6), the Secretary shall delineate, determine, and certify
all wetlands located on subject land on a farm.
``(2) Wetland delineation maps.--The Secretary shall
delineate wetlands on wetland delineation maps. On the
request of a person,
[[Page 685]]
the Secretary shall make a reasonable effort to make an on-
site wetland determination prior to delineation.
``(3) Certification.--On providing notice to affected
persons, the Secretary shall--
``(A) certify whether a map is sufficient for the purpose
of making a determination of ineligibility for program
benefits under section 1221; and
``(B) provide an opportunity to appeal the certification
prior to the certification becoming final.
``(4) Duration of certification.--A final certification
made under paragraph (3) shall remain valid and in effect as
long as the area is devoted to an agricultural use or until
such time as the person affected by the certification
requests review of the certification by the Secretary.
``(5) Review of mapping on appeal.--In the case of an
appeal of the Secretary's certification, the Secretary shall
review and certify the accuracy of the mapping of all land
subject to the appeal to ensure that the subject land has
been accurately delineated. Prior to rendering a decision on
the appeal, the Secretary shall conduct an on-site inspection
of the subject land on a farm.
``(6) Reliance on prior certified delineation.--No person
shall be adversely affected because of having taken an action
based on a previous certified wetland delineation by the
Secretary. The delineation shall not be subject to a
subsequent wetland certification or delineation by the
Secretary, unless requested by the person under paragraph
(4).''.
(b) Exemptions.--Section 1222 of the Food Security Act of
1985 (16 U.S.C. 3822) is amended by striking subsection (b)
and inserting the following:
``(b) Exemptions.--No person shall become ineligible under
section 1221 for program loans or payments under the
following circumstances:
``(1) As the result of the production of an agricultural
commodity on the following lands:
``(A) A converted wetland if the conversion of the wetland
was commenced before December 23, 1985.
``(B) Land that is a nontidal drainage or irrigation ditch
excavated in upland.
``(C) A wet area created by a water delivery system,
irrigation, irrigation system, or application of water for
irrigation.
``(D) A wetland on which the owner or operator of a farm or
ranch uses normal cropping or ranching practices to produce
an agricultural commodity in a manner that is consistent for
the area where the production is possible as a result of a
natural condition, such as drought, and is without action by
the producer that destroys a natural wetland characteristic.
``(E) Land that is an artificial lake or pond created by
excavating or diking land (that is not a wetland) to collect
and retain water and that is used primarily for livestock
watering, fish production, irrigation, wildlife, fire
control, flood control, cranberry growing, or rice
production, or as a settling pond.
``(F) A wetland that is temporarily or incidentally created
as a result of adjacent development activity.
``(G) A converted wetland if the original conversion of the
wetland was commenced before December 23, 1985, and the
Secretary determines the wetland characteristics returned
after that date as a result of--
``(i) the lack of maintenance of drainage, dikes, levees,
or similar structures;
``(ii) a lack of management of the lands containing the
wetland; or
``(iii) circumstances beyond the control of the person.
``(H) A converted wetland, if--
``(i) the converted wetland was determined by the Natural
Resources Conservation Service to have been manipulated for
the production of an agricultural commodity or forage prior
to December 23, 1985, and was returned to wetland conditions
through a voluntary restoration, enhancement, or creation
action subsequent to that determination;
``(ii) technical determinations regarding the prior site
conditions and the restoration, enhancement, or creation
action have been adequately documented by the Natural
Resources Conservation Service;
``(iii) the proposed conversion action is approved by the
Natural Resources Conservation Service prior to
implementation; and
``(iv) the extent of the proposed conversion is limited so
that the conditions will be at least equivalent to the
wetland functions and values that existed prior to
implementation of the voluntary wetland restoration,
enhancement, or creation action.
``(2) For the conversion of the following:
``(A) An artificial lake or pond created by excavating or
diking land that is not a wetland to collect and retain water
and that is used primarily for livestock watering, fish
production, irrigation, wildlife, fire control, flood
control, cranberry growing, rice production, or as a settling
pond.
``(B) A wetland that is temporarily or incidentally created
as a result of adjacent development activity.
``(C) A wetland on which the owner or operator of a farm or
ranch uses normal cropping or ranching practices to produce
an agricultural commodity in a manner that is consistent for
the area where the production is possible as a result of a
natural condition, such as drought, and is without action by
the producer that destroys a natural wetland characteristic.
``(D) A wetland previously identified as a converted
wetland (if the original conversion of the wetland was
commenced before December 23, 1985), but that the Secretary
determines returned to wetland status after that date as a
result of--
``(i) the lack of maintenance of drainage, dikes, levees,
or similar structures;
``(ii) a lack of management of the lands containing the
wetland; or
``(iii) circumstances beyond the control of the person.
``(E) A wetland, if--
``(i) the wetland was determined by the Natural Resources
Conservation Service to have been manipulated for the
production of an agricultural commodity or forage prior to
December 23, 1985, and was returned to wetland conditions
through a voluntary restoration, enhancement, or creation
action subsequent to that determination;
``(ii) technical determinations regarding the prior site
conditions and the restoration, enhancement, or creation
action have been adequately documented by the Natural
Resources Conservation Service;,
``(iii) the proposed conversion action is approved by the
Natural Resources Conservation Service prior to
implementation; and
``(iv) the extent of the proposed conversion is limited so
that the conditions will be at least equivalent to the
wetland functions and values that existed prior to
implementation of the voluntary wetland restoration,
enhancement, or creation action.''.
(c) Identification of Minimal Effect Exemptions.--Section
1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is
amended by striking subsection (d) and inserting the
following:
``(d) Identification of Minimal Effect Exemptions.--For
purposes of applying the minimal effect exemption under
subsection (f)(1), the Secretary shall identify by regulation
categorical minimal effect exemptions on a regional basis to
assist persons in avoiding a violation of the ineligibility
provisions of section 1221. The Secretary shall ensure that
employees of the Department of Agriculture who administer
this subtitle receive appropriate training to properly apply
the minimal effect exemptions determined by the Secretary.''.
(d) Minimal Effect and Mitigation Exemptions.--Section 1222
of the Food Security Act of 1985 (16 U.S.C. 3822) is amended
by striking subsection (f) and inserting the following:
``(f) Minimal Effect; Mitigation.--The Secretary shall
exempt a person from the ineligibility provisions of section
1221 for any action associated with the production of an
agricultural commodity on a converted wetland, or the
conversion of a wetland, if 1 or more of the following
conditions apply, as determined by the Secretary:
``(1) The action, individually and in connection with all
other similar actions authorized by the Secretary in the
area, will have a minimal effect on the functional
hydrological and biological value of the wetlands in the
area, including the value to waterfowl and wildlife.
``(2) The wetland and the wetland values, acreage, and
functions are mitigated by the person through the restoration
of a converted wetland, the enhancement of an existing
wetland, or the creation of a new wetland, and the
restoration, enhancement, or creation is--
``(A) in accordance with a wetland conservation plan;
``(B) in advance of, or concurrent with, the action;
``(C) not at the expense of the Federal Government;
``(D) in the case of enhancement or restoration of
wetlands, on not greater than a 1-for-1 acreage basis unless
more acreage is needed to provide equivalent functions and
values that will be lost as a result of the wetland
conversion to be mitigated;
``(E) in the case of creation of wetlands, on greater than
a 1-for-1 acreage basis if more acreage is needed to provide
equivalent functions and values that will be lost as a result
of the wetland conversion that is mitigated;
``(F) on lands in the same general area of the local
watershed as the converted wetland; and
``(G) with respect to the restored, enhanced, or created
wetland, made subject to an easement that--
``(i) is recorded on public land records;
``(ii) remains in force for as long as the converted
wetland for which the restoration, enhancement, or creation
to be mitigated remains in agricultural use or is not
returned to its original wetland classification with
equivalent functions and values; and
``(iii) prohibits making alterations to the restored,
enhanced, or created wetland that lower the wetland's
functions and values.
``(3) The wetland was converted after December 23, 1985,
but before November 28, 1990, and the wetland values,
acreage, and functions are mitigated by the producer through
the requirements of subparagraphs (A), (B), (C), (D), (F),
and (G) of paragraph (2).
``(4) The action was authorized by a permit issued under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) and the wetland values, acreage, and functions
of the converted wetland were adequately mitigated for the
purposes of this subtitle.''.
(e) References to Producer.--Section 1222(g) of the Food
Security Act of 1985 (16 U.S.C. 3822(g)) is amended by
striking ``producer'' and inserting ``person''.
(f) Good Faith Exemption.--Section 1222 of the Food
Security Act of 1985 (16 U.S.C. 3822) is amended by striking
subsection (h) and inserting the following:
``(h) Good Faith Exemption.--
``(1) Exemption described.--The Secretary may waive a
person's ineligibility under section 1221 for program loans,
payments, and benefits as the result of the conversion of a
wetland subsequent to November 28, 1990, or
[[Page 686]]
the production of an agricultural commodity on a converted
wetland, if the Secretary determines that the person has
acted in good faith and without intent to violate this
subtitle.
``(2) Period for compliance.--The Secretary shall provide a
person who the Secretary determines has acted in good faith
and without intent to violate this subtitle with a reasonable
period, but not to exceed 1 year, during which to implement
the measures and practices necessary to be considered to
actively restoring the subject wetland.''.
(g) Restoration.--Section 1222(i) of the Food Security Act
of 1985 (16 U.S.C. 3822(i)) is amended by inserting before
the period at the end the following: ``or has otherwise
mitigated for the loss of wetland values, as determined by
the Secretary, through the restoration, enhancement, or
creation of wetland values in the same general area of the
local watershed as the converted wetland''.
(h) Determinations.--Section 1222 of the Food Security Act
of 1985 (16 U.S.C. 3822) is amended by striking subsection
(j) and inserting the following:
``(j) Determinations; Restoration and Mitigation Plans;
Monitoring Activities.--Technical determinations, the
development of restoration and mitigation plans, and
monitoring activities under this section shall be made by the
National Resources Conservation Service.''.
(i) Mitigation Banking.--Section 1222 of the Food Security
Act of 1985 (16 U.S.C. 3822) is amended by adding at the end
the following:
``(k) Mitigation Banking Program.--Using authorities
available to the Secretary, the Secretary may operate a pilot
program for mitigation banking of wetlands to assist persons
to increase the efficiency of agricultural operations while
protecting wetland functions and values. Subsection (f)(2)(C)
shall not apply to this subsection.''.
SEC. 323. CONSULTATION AND COOPERATION REQUIREMENTS.
Section 1223 of the Food Security Act of 1985 (16 U.S.C.
3823) is repealed.
SEC. 324. APPLICATION OF PROGRAM INELIGIBILITY TO AFFILIATED
PERSONS.
The Food Security Act of 1985 (as amended by section 323)
is amended by inserting after section 1222 (16 U.S.C. 3822)
the following:
``SEC. 1223. AFFILIATED PERSONS.
``If a person is affected by a reduction in benefits under
section 1221 and the affected person is affiliated with other
persons for the purpose of receiving the benefits, the
benefits of each affiliated person shall be reduced under
section 1221 in proportion to the interest held by the
affiliated person.''.
SEC. 325. CLARIFICATION OF DEFINITION OF AGRICULTURAL LANDS
IN MEMORANDUM OF AGREEMENT.
(a) Agricultural Lands.--For purposes of implementing the
memorandum of agreement entered into between the Department
of Agriculture, the Environmental Protection Agency, the
Department of the Interior, and the Department of the Army on
January 6, 1994, relating to the delineation of wetlands, the
term ``agricultural lands'' shall include--
(1) native pasture, rangelands, and other lands used to
produce or support the production of livestock; and
(2) tree farms.
(b) Wetland Conservation.--Subsection (a) shall not apply
with respect to the delineation of wetlands under subtitle C
of title XII of the Food Security Act of 1985 (16 U.S.C. 3821
et seq.) or to the enforcement of the subtitle.
(c) Successor Memorandum.--Subsection (a) shall apply to
any amendment to or successor of the memorandum of agreement
described in subsection (a).
SEC. 326. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall become effective 90 days after the date of enactment of
this Act.
Subtitle D--Environmental Conservation Acreage Reserve Program
SEC. 331. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM.
Section 1230 of the Food Security Act of 1985 (16 U.S.C.
3830) is amended to read as follows:
``SEC. 1230. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE
PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 calendar
years, the Secretary shall establish an environmental
conservation acreage reserve program (referred to in this
section as `ECARP') to be implemented through contracts and
the acquisition of easements to assist owners and operators
of farms and ranches to conserve and enhance soil, water, and
related natural resources, including grazing land, wetland,
and wildlife habitat.
``(2) Means.--The Secretary shall carry out the ECARP by--
``(A) providing for the long-term protection of
environmentally sensitive land; and
``(B) providing technical and financial assistance to
farmers and ranchers to--
``(i) improve the management and operation of the farms and
ranches; and
``(ii) reconcile productivity and profitability with
protection and enhancement of the environment.
``(3) Programs.--The ECARP shall consist of--
``(A) the conservation reserve program established under
subchapter B;
``(B) the wetlands reserve program established under
subchapter C; and
``(C) the environmental quality incentives program
established under chapter 4.
``(b) Administration.--
``(1) In general.--In carrying out the ECARP, the Secretary
shall enter into contracts with owners and operators and
acquire interests in land through easements from owners, as
provided in this chapter and chapter 4.
``(2) Prior enrollments.--Acreage enrolled in the
conservation reserve or wetlands reserve program prior to the
date of enactment of this paragraph shall be considered to be
placed into the ECARP.
``(c) Conservation Priority Areas.--
``(1) Designation.--The Secretary may designate watersheds,
multistate areas, or regions of special environmental
sensitivity as conservation priority areas that are eligible
for enhanced assistance under this chapter and chapter 4.
``(2) Assistance.--The Secretary may designate areas as
conservation priority areas to assist, to the maximum extent
practicable, agricultural producers within the conservation
priority areas to comply with nonpoint source pollution
requirements under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) and other Federal and State
environmental laws and to meet other conservation needs.
``(3) Producers.--The Secretary may provide technical
assistance, cost-share payments, and incentive payments to
producers in a conservation priority area under this chapter
and chapter 4 based on--
``(A) the significance of the soil, water, wildlife
habitat, and related natural resource problems in a
watershed, multistate area, or region; and
``(B) the structural practices or land management practices
that best address the problems, and that maximize
environmental benefits for each dollar expended, as
determined by the Secretary.''.
SEC. 332. CONSERVATION RESERVE PROGRAM.
(a) Program Extensions.--
(1) Conservation reserve program.--Section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) is amended by striking
``1995'' each place it appears and inserting ``2002''.
(2) Duties of owners and operators.--Section 1232(c) of the
Food Security Act of 1985 (16 U.S.C. 3832(c)) is amended by
striking ``1995'' and inserting ``2002''.
(b) Maximum Enrollment.--Section 1231 of the Food Security
Act of 1985 (16 U.S.C. 3831) is amended by striking
subsection (d) and inserting the following:
``(d) Maximum Enrollment.--The Secretary may maintain up to
36,400,000 acres in the conservation reserve at any one time
during the 1986 through 2002 calendar years (including
contracts extended by the Secretary pursuant to section
1437(c) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (Public Law 101-624; 16 U.S.C. 3831 note).''.
(c) Optional Contract Termination by Producers.--Section
1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``3-year'' and inserting
``1-year''; and
(B) in paragraph (2)(B)(i), by striking ``3 years'' and
inserting ``1 year''; and
(2) by adding at the end the following:
``(e) Termination by Owner or Operator.--
``(1) Early termination authorized.--Subject to the other
provisions of this subsection, the Secretary shall allow a
participant who entered into a contract before January 1,
1995, to terminate the contract at any time if the contract
has been in effect for at least 5 years. The termination
shall not relieve the participant of liability for a contract
violation occurring before the date of the termination. The
participant shall provide the Secretary with reasonable
notice of the participant's desire to terminate the contract.
``(2) Certain lands excepted.--The following lands shall
not be subject to an early termination of contract under this
subsection:
``(A) Filterstrips, waterways, strips adjacent to riparian
areas, windbreaks, and shelterbelts.
``(B) Land with an erodibility index of more than 15.
``(C) Other lands of high environmental value (including
wetlands), as determined by the Secretary.
``(3) Effective date.--The contract termination shall
become effective 60 days after the date on which the owner or
operator submits the notice required under paragraph (1).
``(4) Prorated rental payment.--If a contract entered into
under this subchapter is terminated under this subsection
before the end of the fiscal year for which a rental payment
is due, the Secretary shall provide a prorated rental payment
covering the portion of the fiscal year during which the
contract was in effect.
``(5) Renewed enrollment.--The termination of a contract
entered into under this subchapter shall not affect the
ability of the owner or operator who requested the
termination to submit a subsequent bid to enroll the land
that was subject to the contract into the conservation
reserve.
``(6) Conservation requirements.--If land that was subject
to a contract is returned to production of an agricultural
commodity, the conservation requirements under subtitles B
and C shall apply to the use of the land to the extent that
the requirements are similar to those requirements imposed on
other similar lands in the area, except than the requirements
may not be more onerous than the requirements imposed on
other lands.''.
(d) Enrollments in 1997.--Section 725 of the Agriculture,
Rural Development, Food
[[Page 687]]
and Drug Administration, and Related Agencies Appropriations
Act, 1996 (Public Law 104-37; 109 Stat. 332), is amended by
striking ``: Provided,'' and all that follows through
``1997''.
SEC. 333. WETLANDS RESERVE PROGRAM.
(a) Enrollment.--Section 1237 of the Food Security Act of
1985 (16 U.S.C. 3837) is amended by striking subsection (b)
and inserting the following:
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not exceed
975,000 acres.
``(2) Methods of enrollment.--
``(A) In general.--Subject to subparagraph (B), effective
beginning October 1, 1996, to the maximum extent practicable,
the Secretary shall enroll into the wetlands reserve
program--
``(i) \1/3\ of the acres through the use of permanent
easements;
``(ii) \1/3\ of the acres through the use of 30-year
easements; and
``(iii) \1/3\ of the acres through the use of restoration
cost-share agreements.
``(B) Temporary easements.--Effective beginning October 1,
1996, the Secretary shall not enroll acres in the wetlands
reserve program through the use of new permanent easements
until the Secretary has enrolled at least 75,000 acres in the
program through the use of temporary easements.''.
(b) Eligibility.--Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended--
(1) by striking ``2000'' and inserting ``2002'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(3) by inserting after ``determines that--'' the following:
``(1) such land maximizes wildlife benefits and wetland
values and functions;''.
(c) Other Eligible Lands.--Section 1237(d) of the Food
Security Act of 1985 (16 U.S.C. 3837(d)) is amended--
(1) by inserting after ``subsection (c)'' the following ``,
land that maximizes wildlife benefits and that is''; and
(2) in paragraph (2), by striking ``and'' at the end and
inserting ``or''.
(d) Easements.--Section 1237A of the Food Security Act of
1985 (16 U.S.C. 3837a) is amended--
(1) in the section heading, by inserting before the period
at the end the following: ``AND AGREEMENTS'';
(2) by striking subsection (c) and inserting the following:
``(c) Restoration Plans.--The development of a restoration
plan, including any compatible use, under this section shall
be made through the local Natural Resources Conservation
Service representative, in consultation with the State
technical committee.'';
(3) in subsection (f), by striking the third sentence and
inserting the following: ``Compensation may be provided in
not less than 5, nor more than 30, annual payments of equal
or unequal size, as agreed to by the owner and the
Secretary.''; and
(4) by adding at the end the following:
``(h) Restoration Cost-Share Agreements.--The Secretary may
enroll land into the wetlands reserve program through an
agreement that requires the landowner to restore wetlands on
the land, if the agreement does not provide the Secretary
with an easement.''.
(e) Cost-Share and Technical Assistance.--Section 1237C of
the Food Security Act of 1985 (16 U.S.C. 3837c) is amended by
striking subsection (b) and inserting the following:
``(b) Cost-Share and Technical Assistance.--
``(1) Easements.--Effective beginning October 1, 1996, in
making cost-share payments under subsection (a)(1), the
Secretary shall--
``(A) in the case of a permanent easement, pay the owner an
amount that is not less than 75 percent, but not more than
100 percent, of the eligible costs; and
``(B) in the case of a 30-year easement, pay the owner an
amount that is not less than 50 percent, but not more than 75
percent, of the eligible costs.
``(2) Restoration cost-share agreements.--In making cost-
share payments in connection with a restoration cost-share
agreement entered into under section 1237A(h), the Secretary
shall pay the owner an amount that is not less than 50
percent, but not more than 75 percent, of the eligible costs.
``(3) Technical assistance.--The Secretary shall provide
owners with technical assistance to assist owners in
complying with the terms of easements and restoration cost-
share agreements.''.
(f) Effect on Existing Agreements.--The amendments made by
this section shall not affect the validity or terms of any
agreements entered into by the Secretary of Agriculture under
subchapter C of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before the
date of enactment of this Act or any payments required to be
made in connection with the agreements.
SEC. 334. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) is amended by adding at the end the
following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
``SEC. 1240. PURPOSES.
``The purposes of the environmental quality incentives
program established by this chapter are to--
``(1) combine into a single program the functions of--
``(A) the agricultural conservation program authorized by
sections 7 and 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590g and 590h) (as in effect before
the amendments made by section 336(a)(1) of the Federal
Agriculture Improvement and Reform Act of 1996);
``(B) the Great Plains conservation program established
under section 16(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590p(b)) (as in effect before the
amendment made by section 336(b)(1) of the Federal
Agriculture Improvement and Reform Act of 1996);
``(C) the water quality incentives program established
under chapter 2 (as in effect before the amendment made by
section 336(h) of the Federal Agriculture Improvement and
Reform Act of 1996); and
``(D) the Colorado River Basin salinity control program
established under section 202(c) of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1592(c)) (as in effect before
the amendment made by section 336(c)(1) of the Federal
Agriculture Improvement and Reform Act of 1996); and
``(2) carry out the single program in a manner that
maximizes environmental benefits per dollar expended, and
that provides--
``(A) flexible technical and financial assistance to
farmers and ranchers that face the most serious threats to
soil, water, and related natural resources, including grazing
lands, wetlands, and wildlife habitat;
``(B) assistance to farmers and ranchers in complying with
this title and Federal and State environmental laws, and
encourages environmental enhancement;
``(C) assistance to farmers and ranchers in making
beneficial, cost-effective changes to cropping systems,
grazing management, manure, nutrient, pest, or irrigation
management, land uses, or other measures needed to conserve
and improve soil, water, and related natural resources; and
``(D) for the consolidation and simplification of the
conservation planning process to reduce administrative
burdens on producers.
``SEC. 1240A. DEFINITIONS.
``In this chapter:
``(1) Eligible land.--The term `eligible land' means
agricultural land (including cropland, rangeland, pasture,
and other land on which crops or livestock are produced),
including agricultural land that the Secretary determines
poses a serious threat to soil, water, or related resources
by reason of the soil types, terrain, climatic, soil,
topographic, flood, or saline characteristics, or other
factors or natural hazards.
``(2) Land management practice.--The term `land management
practice' means a site-specific nutrient or manure
management, integrated pest management, irrigation
management, tillage or residue management, grazing
management, or other land management practice carried out on
eligible land that the Secretary determines is needed to
protect, in the most cost-effective manner, water, soil, or
related resources from degradation.
``(3) Livestock.--The term `livestock' means dairy cattle,
beef cattle, laying hens, broilers, turkeys, swine, sheep,
and such other animals as determined by the Secretary.
``(4) Producer.--The term `producer' means a person who is
engaged in livestock or agricultural production (as defined
by the Secretary).
``(5) Structural practice.--The term `structural practice'
means--
``(A) the establishment on eligible land of a site-specific
animal waste management facility, terrace, grassed waterway,
contour grass strip, filterstrip, tailwater pit, permanent
wildlife habitat, or other structural practice that the
Secretary determines is needed to protect, in the most cost-
effective manner, water, soil, or related resources from
degradation; and
``(B) the capping of abandoned wells on eligible land.
``SEC. 1240B. ESTABLISHMENT AND ADMINISTRATION OF
ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
``(a) Establishment.--
``(1) In general.--During the 1996 through 2002 fiscal
years, the Secretary shall provide technical assistance,
cost-share payments, incentive payments, and education to
producers, who enter into contracts with the Secretary,
through an environmental quality incentives program in
accordance with this chapter.
``(2) Eligible practices.--
``(A) Structural practices.--A producer who implements a
structural practice shall be eligible for any combination of
technical assistance, cost-share payments, and education.
``(B) Land management practices.--A producer who performs a
land management practice shall be eligible for any
combination of technical assistance, incentive payments, and
education.
``(b) Application and Term.--A contract between a producer
and the Secretary under this chapter may--
``(1) apply to 1 or more structural practices or 1 or more
land management practices, or both; and
``(2) have a term of not less than 5, nor more than 10,
years, as determined appropriate by the Secretary, depending
on the practice or practices that are the basis of the
contract.
``(c) Structural Practices.--
``(1) Offer selection process.--The Secretary shall, to the
maximum extent prac
[[Page 688]]
ticable, establish a process for selecting applications for
financial assistance if there are numerous applications for
assistance for structural practices that would provide
substantially the same level of environmental benefits. The
process shall be based on--
``(A) a reasonable estimate of the projected cost of the
proposals and other factors identified by the Secretary for
determining which applications will result in the least cost
to the program authorized by this chapter; and
``(B) the priorities established under this subtitle and
such other factors determined by the Secretary that maximize
environmental benefits per dollar expended.
``(2) Concurrence of owner.--If the producer making an
offer to implement a structural practice is a tenant of the
land involved in agricultural production, for the offer to be
acceptable, the producer shall obtain the concurrence of the
owner of the land with respect to the offer.
``(d) Land Management Practices.--The Secretary shall
establish an application and evaluation process for awarding
technical assistance or incentive payments, or both, to a
producer in exchange for the performance of 1 or more land
management practices by the producer.
``(e) Cost-Share Payments, Incentive Payments, and
Technical Assistance.--
``(1) Cost-share payments.--
``(A) In general.--The Federal share of cost-share payments
to a producer proposing to implement 1 or more structural
practices shall be not more than 75 percent of the projected
cost of the practice, as determined by the Secretary, taking
into consideration any payment received by the producer from
a State or local government.
``(B) Limitation.--A producer who owns or operates a large
confined livestock operation (as defined by the Secretary)
shall not be eligible for cost-share payments to construct an
animal waste management facility.
``(C) Other payments.--A producer shall not be eligible for
cost-share payments for structural practices on eligible land
under this chapter if the producer receives cost-share
payments or other benefits for the same land under chapter 1
or 3.
``(2) Incentive payments.--The Secretary shall make
incentive payments in an amount and at a rate determined by
the Secretary to be necessary to encourage a producer to
perform 1 or more land management practices.
``(3) Technical assistance.--
``(A) Funding.--The Secretary shall allocate funding under
this chapter for the provision of technical assistance
according to the purpose and projected cost for which the
technical assistance is provided for a fiscal year. The
allocated amount may vary according to the type of expertise
required, quantity of time involved, and other factors as
determined appropriate by the Secretary. Funding shall not
exceed the projected cost to the Secretary of the technical
assistance provided for a fiscal year.
``(B) Other authorities.--The receipt of technical
assistance under this chapter shall not affect the
eligibility of the producer to receive technical assistance
under other authorities of law available to the Secretary.
``(C) Private sources.--The Secretary shall ensure that the
processes of writing and developing proposals and plans for
contracts under this chapter, and of assisting in the
implementation of structural practices and land management
practices covered by the contracts, are open to individuals
in agribusiness, including agricultural producers,
representatives from agricultural cooperatives, agricultural
input retail dealers, and certified crop advisers. The
requirements of this subparagraph shall also apply to any
other conservation program of the Department of Agriculture
that provides incentive payments, technical assistance, or
cost-share payments.
``(f) Modification or Termination of Contracts.--
``(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with a
producer under this chapter if--
``(A) the producer agrees to the modification or
termination; and
``(B) the Secretary determines that the modification or
termination is in the public interest.
``(2) Involuntary termination.--The Secretary may terminate
a contract under this chapter if the Secretary determines
that the producer violated the contract.
``(g) Non-Federal Assistance.--The Secretary may request
the services of a State water quality agency, State fish and
wildlife agency, State forestry agency, or any other
governmental or private resource considered appropriate to
assist in providing the technical assistance necessary for
the development and implementation of a structural practice
or land management practice.
``SEC. 1240C. EVALUATION OF OFFERS AND PAYMENTS.
``In providing technical assistance, cost-share payments,
and incentive payments to producers, the Secretary shall
accord a higher priority to assistance and payments that--
``(1) are provided in conservation priority areas
established under section 1230(c);
``(2) maximize environmental benefits per dollar expended;
or
``(3) are provided in watersheds, regions, or conservation
priority areas in which State or local governments have
provided, or will provide, financial or technical assistance
to producers for the same conservation or environmental
purposes.
``SEC. 1240D. DUTIES OF PRODUCERS.
``To receive technical assistance, cost-share payments, or
incentive payments under this chapter, a producer shall
agree--
``(1) to implement an environmental quality incentives
program plan that describes conservation and environmental
goals to be achieved through a structural practice or land
management practice, or both, that is approved by the
Secretary;
``(2) not to conduct any practices on the farm or ranch
that would tend to defeat the purposes of this chapter;
``(3) on the violation of a term or condition of the
contract at any time the producer has control of the land, to
refund any cost-share or incentive payment received with
interest, and forfeit any future payments under this chapter,
as determined by the Secretary;
``(4) on the transfer of the right and interest of the
producer in land subject to the contract, unless the
transferee of the right and interest agrees with the
Secretary to assume all obligations of the contract, to
refund all cost-share payments and incentive payments
received under this chapter, as determined by the Secretary;
``(5) to supply information as required by the Secretary to
determine compliance with the environmental quality
incentives program plan and requirements of the program; and
``(6) to comply with such additional provisions as the
Secretary determines are necessary to carry out the
environmental quality incentives program plan.
``SEC. 1240E. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
``(a) In General.--To be eligible to enter into a contract
under the environmental quality incentives program, an owner
or producer of a livestock or agricultural operation must
submit to the Secretary for approval a plan of operations
that incorporates such conservation practices, and is based
on such principles, as the Secretary considers necessary to
carry out the program, including a description of structural
practices and land management practices to be implemented and
the objectives to be met by the plan's implementation.
``(b) Avoidance of Duplication.--The Secretary shall, to
the maximum extent practicable, eliminate duplication of
planning activities under the environmental quality
incentives program and comparable conservation programs.
``SEC. 1240F. DUTIES OF THE SECRETARY.
``To the extent appropriate, the Secretary shall assist a
producer in achieving the conservation and environmental
goals of an environmental quality incentives program plan
by--
``(1) providing an eligibility assessment of the farming or
ranching operation of the producer as a basis for developing
the plan;
``(2) providing technical assistance in developing and
implementing the plan;
``(3) providing technical assistance, cost-share payments,
or incentive payments for developing and implementing 1 or
more structural practices or 1 or more land management
practices, as appropriate;
``(4) providing the producer with information, education,
and training to aid in implementation of the plan; and
``(5) encouraging the producer to obtain technical
assistance, cost-share payments, or grants from other
Federal, State, local, or private sources.
``SEC. 1240G. LIMITATION ON PAYMENTS.
``(a) In General.--The total amount of cost-share and
incentive payments paid to a producer under this chapter may
not exceed--
``(1) $10,000 for any fiscal year; or
``(2) $50,000 for any multiyear contract.
``(b) Exception to Annual Limit.--The Secretary may exceed
the limitation on the annual amount of a payment under
subsection (a)(1) on a case-by-case basis if the Secretary
determines that a larger payment is--
``(1) essential to accomplish the land management practice
or structural practice for which the payment is made; and
``(2) consistent with the maximization of environmental
benefits per dollar expended and the purposes of this chapter
specified in section 1240.
``(c) Timing of Expenditures.--Expenditures under a
contract entered into under this chapter during a fiscal year
may not be made by the Secretary until the subsequent fiscal
year.
``SEC. 1240H. TEMPORARY ADMINISTRATION OF ENVIRONMENTAL
QUALITY INCENTIVES PROGRAM.
``(a) Interim Administration.--
``(1) In general.--During the period beginning on the date
of enactment of this section and ending on the termination
date provided under paragraph (2), to ensure that technical
assistance, cost-share payments, and incentive payments
continue to be administered in an orderly manner until such
time as assistance can be provided through final regulations
issued to implement the environmental quality incentives
program established under this chapter, the Secretary shall
continue to--
``(A) provide technical assistance, cost-share payments,
and incentive payments under the terms and conditions of the
agricultural conservation program, the Great Plains
conservation program, the water quality incentives program,
and the Colorado River Basin salinity control program, to the
extent the terms and conditions of the program are consistent
with the environmental quality incentives program; and
``(B) use for those purposes--
``(i) any funds remaining available for the agricultural
conservation program, the
[[Page 689]]
Great Plains conservation program, the water quality
incentives program, and the Colorado River Basin salinity
control program; and
``(ii) as the Secretary determines to be necessary, any
funds authorized to be used to carry out the environmental
quality incentives program.
``(2) Termination of authority.--The authority of the
Secretary to carry out paragraph (1) shall terminate on the
date that is 180 days after the date of enactment of this
section.
``(b) Permanent Administration.--Effective beginning on the
termination date provided under subsection (a)(2), the
Secretary shall provide technical assistance, cost-share
payments, and incentive payments for structural practices and
land management practices related to crop and livestock
production in accordance with final regulations issued to
carry out the environmental quality incentives program.''.
SEC. 335. CONSERVATION FARM OPTION.
Subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3830 et seq.) (as amended by section 334) is
amended by adding at the end the following:
``CHAPTER 5--CONSERVATION FARM OPTION
``SEC. 1240M. CONSERVATION FARM OPTION.
``(a) In General.--The Secretary shall establish
conservation farm option pilot programs for producers of
wheat, feed grains, cotton, and rice.
``(b) Eligible Owners and Producers.--An owner or producer
with a farm that has contract acreage enrolled in the
agricultural market transition program established under the
Agricultural Market Transition Act shall be eligible to
participate in the conservation farm option offered under a
pilot program under subsection (a) if the owner or producer
meets the conditions established under section (e).
``(c) Purposes.--The purposes of the conservation farm
option pilot programs shall include--
``(1) conservation of soil, water, and related resources;
``(2) water quality protection or improvement;
``(3) wetland restoration, protection, and creation;
``(4) wildlife habitat development and protection; or
``(5) other similar conservation purposes.
``(d) Conservation Farm Plan.--
``(1) In general.--To be eligible to enter into a
conservation farm option contract, an owner or producer must
prepare and submit to the Secretary, for approval, a
conservation farm plan that shall become a part of the
conservation farm option contract.
``(2) Requirements.--A conservation farm plan shall--
``(A) describe the resource-conserving crop rotations, and
all other conservation practices, to be implemented and
maintained on the acreage that is subject to contract during
the contract period;
``(B) contain a schedule for the implementation and
maintenance of the practices described in the conservation
farm plan;
``(C) comply with highly erodible land and wetland
conservation requirements of this title; and
``(D) contain such other terms as the Secretary may
require.
``(e) Contracts.--
``(1) In general.--On approval of a conservation farm plan,
the Secretary may enter into a contract with the owner or
producer that specifies the acres being enrolled and the
practices being adopted.
``(2) Duration of contract.--The contract shall be for a
period of 10 years. The contract may be renewed for a period
of not to exceed 5 years on mutual agreement of the Secretary
and the owner or producer.
``(3) Consideration.--In exchange for payments under this
subsection, the owner or producer shall not participate in
and shall forgo payments under--
``(A) the conservation reserve program established under
subchapter B of chapter 1;
``(B) the wetlands reserve program established under
subchapter C of chapter 1; and
``(C) the environmental quality incentives program
established under chapter 4.
``(4) Owner or producer responsibilities under the
agreement.--Under the terms of the contract entered into
under this section, an owner or producer shall agree to--
``(A) actively comply with the terms and conditions of the
approved conservation farm plan;
``(B) keep such records as the Secretary may reasonably
require for purposes of evaluation of the implementation of
the conservation farm plan; and
``(C) not engage in any activity that would defeat the
purposes of the conservation farm option pilot program.
``(5) Payments.--The Secretary shall offer an owner or
producer annual payments under the contract that are
equivalent to the payments the owner or producer would have
received under the conservation reserve program, the wetlands
reserve program, and the environmental quality incentives
program.
``(6) Balance of benefits.--The Secretary shall not permit
an owner or producer to terminate a conservation reserve
program contract and enter a conservation farm option
contract if the Secretary determines that such action will
reduce net environmental benefits.
``(f) Secretarial Determinations.--
``(1) Acreage estimates.--Prior to each year during which
the Secretary intends to offer conservation reserve program
contracts, the Secretary shall estimate the number of acres
that--
``(A) will be retired under the conservation farm option
under the terms and conditions the Secretary intends to offer
for that program; and
``(B) would be retired under the conservation reserve
program if the conservation farm option were not available.
``(2) Total land retirement.--The Secretary shall announce
a number of acres to be enrolled in the conservation reserve
program that will result in a total number of acres retired
under the conservation reserve program and the conservation
farm option that does not exceed the amount estimated under
paragraph (1)(B) for the current or future years.
``(3) Limitation.--The Secretary shall not enroll
additional conservation reserve program contracts to offset
the land retired under the conservation farm option.
``(g) Commodity Credit Corporation.--The Secretary shall
use the funds, authorities, and facilities of the Commodity
Credit Corporation to carry out this subsection.
``(h) Funding.--Of the funds of the Commodity Credit
Corporation, the Corporation shall make available to carry
out this section--
``(1) $7,500,000 for fiscal year 1997;
``(2) $15,000,000 for fiscal year 1998;
``(3) $25,000,000 for fiscal year 1999;
``(4) $37,500,000 for fiscal year 2000;
``(5) $50,000,000 for fiscal year 2001; and
``(6) $62,500,000 for fiscal year 2002.''.
SEC. 336. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Agricultural Conservation Program.--
(1) Elimination.--
(A) Section 8 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h) is amended--
(i) in subsection (b)--
(I) by striking paragraphs (1) through (4) and inserting
the following:
``(1) Environmental quality incentives program.--The
Secretary shall provide technical assistance, cost-share
payments, and incentive payments to operators through the
environmental quality incentives program in accordance with
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985.''; and
(II) by striking paragraphs (6) through (8); and
(ii) by striking subsections (d), (e), and (f).
(B) The first sentence of section 11 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590k) is
amended by striking ``performance: Provided further,'' and
all that follows through ``or other law'' and inserting
``performance''.
(C) Section 14 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590n) is amended--
(i) in the first sentence, by striking ``or 8''; and
(ii) by striking the second sentence.
(D) Section 15 of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590o) is amended--
(i) in the first undesignated paragraph--
(I) in the first sentence, by striking ``sections 7 and 8''
and inserting ``section 7''; and
(II) by striking the third sentence; and
(ii) by striking the second undesignated paragraph.
(2) Conforming amendments.--
(A) Paragraph (1) of the last proviso of the matter under
the heading ``conservation reserve program'' under the
heading ``Soil Bank Programs'' of title I of the Department
of Agriculture and Farm Credit Administration Appropriation
Act, 1959 (72 Stat. 195; 7 U.S.C. 1831a), is amended by
striking ``Agricultural Conservation Program'' and inserting
``environmental quality incentives program established under
chapter 4 of subtitle D of title XII of the Food Security Act
of 1985''.
(B) Section 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103) is amended by striking ``as added by
the Agriculture and Consumer Protection Act of 1973'' each
place it appears in subsections (d) and (i) and inserting
``as in effect before the amendment made by section 336(d)(1)
of the Federal Agriculture Improvement and Reform Act of
1996''.
(C) Section 226(b)(4) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932(b)(4)) is amended
by striking ``and the agricultural conservation program under
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590g et seq.)''.
(D) Section 246(b)(8) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)(8)) is amended
by striking ``and the agricultural conservation program under
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590g et seq.)''.
(E) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C.
2106a(c)(3)(C)) is amended by striking ``Agricultural
Conservation Program established under section 16(b) of the
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h,
590l, or 590p)'' and inserting ``environmental quality
incentives program established under chapter 4 of subtitle D
of title XII of the Food Security Act of 1985''.
(F) Section 304(a) of the Lake Champlain Special
Designation Act of 1990 (Public Law 101-596; 33 U.S.C. 1270
note) is amended--
(i) in the subsection heading, by striking ``Special
Project Area Under the Agricultural Conservation Program''
and inserting ``Priority Area Under the Environmental Quality
Incentives Program''; and
(ii) in paragraph (1), by striking ``special project area
under the Agricultural Con
[[Page 690]]
servation Program established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))''
and inserting ``priority area under the environmental quality
incentives program established under chapter 4 of subtitle D
of title XII of the Food Security Act of 1985''.
(G) Section 6 of the Department of Agriculture Organic Act
of 1956 (70 Stat. 1033) is amended by striking subsection
(b).
(b) Great Plains Conservation Program.--
(1) Elimination.--Section 16 of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590p) is repealed.
(2) Conforming amendments.--
(A) The Agricultural Adjustment Act of 1938 is amended by
striking ``Great Plains program'' each place it appears in
sections 344(f)(8) and 377 (7 U.S.C. 1344(f)(8) and 1377) and
inserting ``environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985''.
(B) Section 246(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962(b)) is amended by
striking paragraph (2).
(c) Colorado River Basin Salinity Control Program.--
(1) In general.--Section 202 of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1592) is amended by striking
subsection (c) and inserting the following:
``(c) Salinity Control Measures.--The Secretary of
Agriculture shall carry out salinity control measures
(including watershed enhancement and cost-share measures with
livestock and crop producers) in the Colorado River Basin as
part of the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985.''.
(2) Funds.--Section 205 of the Colorado River Basin
Salinity Control Act (43 U.S.C. 1595) is amended--
(A) in subsection (a), by striking ``pursuant to section
202(c)(2)(C)''; and
(B) by adding at the end the following:
``(f) Funds.--The Secretary may expend funds available in
the Basin Funds referred to in this section to carry out
cost-share salinity measures in a manner that is consistent
with the cost allocations required under this section.''.
(3) Conforming amendment.--Section 246(b)(6) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6962(b)(6)) is amended by striking ``program'' and
inserting ``measures''.
(d) Rural Environmental Conservation Program.--
(1) Elimination.--Title X of the Agricultural Act of 1970
(16 U.S.C. 1501 et seq.) is repealed.
(2) Conforming amendments.--Section 246 of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (b)(2)(B))) is amended--
(A) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (3) through (8) as
paragraphs (1) through (6), respectively; and
(B) in subsection (c), by striking ``(2), (3), (4), and
(6)'' and inserting ``(1), (2), and (4)''.
(e) Other Conservation Provisions.--Subtitle F of title XII
of the Food Security Act of 1985 (16 U.S.C. 2005a and 2101
note) is repealed.
(f) Resource Conservation.--
(1) Elimination.--Subtitles A, B, D, E, and F of title XV
of the Agriculture and Food Act of 1981 (95 Stat. 1328; 16
U.S.C. 3401 et seq.) are repealed.
(2) Conforming amendment.--Section 739 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1992 (7 U.S.C. 2272a), is
repealed.
(g) Technical Amendment.--The first sentence of the matter
under the heading ``Commodity Credit Corporation'' of Public
Law 99-263 (100 Stat. 59; 16 U.S.C. 3841 note) is amended by
striking ``prices: Provided further,'' and all that follows
through ``Acts.'' and inserting ``prices.''.
(h) Agricultural Water Quality Incentives Program.--Chapter
2 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3838 et seq.) is repealed.
Subtitle E--Conservation Funding and Administration
SEC. 341. CONSERVATION FUNDING AND ADMINISTRATION.
Subtitle E of title XII of the Food Security Act of 1985
(16 U.S.C. 3841 et seq.) is amended to read as follows:
``Subtitle E--Funding and Administration
``SEC. 1241. FUNDING.
``(a) Mandatory Expenses.--For each of fiscal years 1996
through 2002, the Secretary shall use the funds of the
Commodity Credit Corporation to carry out the programs
authorized by--
``(1) subchapter B of chapter 1 of subtitle D (including
contracts extended by the Secretary pursuant to section 1437
of the Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 16 U.S.C. 3831 note));
``(2) subchapter C of chapter 1 of subtitle D; and
``(3) chapter 4 of subtitle D.
``(b) Environmental Quality Incentives Program.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $130,000,000
for fiscal year 1996, and $200,000,000 for each of fiscal
years 1997 through 2002, for providing technical assistance,
cost-share payments, incentive payments, and education under
the environmental quality incentives program under chapter 4
of subtitle D.
``(2) Livestock production.--For each of fiscal years 1996
through 2002, 50 percent of the funding available for
technical assistance, cost-share payments, incentive
payments, and education under the environmental quality
incentives program shall be targeted at practices relating to
livestock production.
``SEC. 1242. USE OF OTHER AGENCIES.
``(a) Committees.--In carrying out subtitles B, C, and D,
the Secretary shall use the services of local, county, and
State committees established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)).
``(b) Other Agencies.--
``(1) Use.--In carrying out subtitles C and D, the
Secretary may utilize the services of the Natural Resources
Conservation Service and the Forest Service, the Fish and
Wildlife Service, State forestry agencies, State fish and
game agencies, land-grant colleges, local, county, and State
committees established under section 8(b) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h),
soil and water conservation districts, and other appropriate
agencies.
``(2) Consultation.--In carrying out subtitle D at the
State and county levels, the Secretary shall consult with, to
the extent practicable, the Fish and Wildlife Service, State
forestry agencies, State fish and game agencies, land-grant
colleges, soil-conservation districts, and other appropriate
agencies.
``SEC. 1243. ADMINISTRATION.
``(a) Plans.--The Secretary shall, to the extent
practicable, avoid duplication in--
``(1) the conservation plans required for--
``(A) highly erodible land conservation under subtitle B;
``(B) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D; and
``(C) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D; and
``(2) the environmental quality incentives program
established under chapter 4 of subtitle D.
``(b) Acreage Limitation.--
``(1) In general.--The Secretary shall not enroll more than
25 percent of the cropland in any county in the programs
administered under the conservation reserve and wetlands
reserve programs established under subchapters B and C,
respectively, of chapter 1 of subtitle D. Not more than 10
percent of the cropland in a county may be subject to an
easement acquired under the subchapters.
``(2) Exception.--The Secretary may exceed the limitations
in paragraph (1) if the Secretary determines that--
``(A) the action would not adversely affect the local
economy of a county; and
``(B) operators in the county are having difficulties
complying with conservation plans implemented under section
1212.
``(3) Shelterbelts and windbreaks.--The limitations
established under this subsection shall not apply to cropland
that is subject to an easement under chapter 1 or 3 of
subtitle D that is used for the establishment of shelterbelts
and windbreaks.
``(c) Tenant Protection.--Except for a person who is a
tenant on land that is subject to a conservation reserve
contract that has been extended by the Secretary, the
Secretary shall provide adequate safeguards to protect the
interests of tenants and sharecroppers, including provision
for sharing, on a fair and equitable basis, in payments under
the programs established under subtitles B through D.
``(d) Provision of Technical Assistance by Other Sources.--
In the preparation and application of a conservation
compliance plan under subtitle B or similar plan required as
a condition for assistance from the Department of
Agriculture, the Secretary shall permit persons to secure
technical assistance from approved sources, as determined by
the Secretary, other than the Natural Resources Conservation
Service. If the Secretary rejects a technical determination
made by such a source, the basis of the Secretary's
determination must be supported by documented evidence.
``(e) Regulations.--Not later than 90 days after the date
of enactment of the Federal Agriculture Improvement and
Reform Act of 1996, the Secretary shall issue regulations to
implement the conservation reserve and wetlands reserve
programs established under chapter 1 of subtitle D.''.
SEC. 342. STATE TECHNICAL COMMITTEES.
(a) Composition.--Section 1261(c) of the Food Security Act
of 1985 (16 U.S.C. 3861(c))--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) agricultural producers with demonstrable conservation
expertise;
``(10) nonprofit organizations with demonstrable
conservation expertise;
``(11) persons knowledgeable about conservation techniques;
and
``(12) agribusiness.''.
(b) Responsibilities.--Section 1262 of the Food Security
Act of 1985 (16 U.S.C. 3862) is amended--
(1) in subsection (a), by adding at the end the following:
``Each State technical committee shall provide public notice
of, and permit public attendance at meetings considering,
issues of concern related to carrying out this title.'';
(2) in subsection (b)(1), by adding at the end the
following: ``Each State technical committee shall establish
criteria and guide
[[Page 691]]
lines for evaluating petitions by agricultural producers
regarding new conservation practices and systems not already
described in field office technical guides.''; and
(3) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the end;
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) establishing criteria and priorities for State
initiatives under the environmental quality incentives
program under chapter 4 of subtitle D; and''.
SEC. 343. PUBLIC NOTICE AND COMMENT FOR REVISIONS TO CERTAIN
STATE TECHNICAL GUIDES.
After the date of enactment of this Act, the Secretary of
Agriculture shall provide for public notice and comment under
section 553 of title 5, United States Code, with regard to
any future revisions to those provisions of the Natural
Resources Conservation Service State technical guides that
are used to carry out subtitles A, B, and C of title XII of
the Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
Subtitle F--National Natural Resources Conservation Foundation
SEC. 351. SHORT TITLE.
This subtitle may be cited as the ``National Natural
Resources Conservation Foundation Act''.
SEC. 352. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the Board of Trustees
established under section 354.
(2) Department.--The term ``Department'' means the
Department of Agriculture.
(3) Foundation.--The term ``Foundation'' means the National
Natural Resources Conservation Foundation established by
section 353(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 353. NATIONAL NATURAL RESOURCES CONSERVATION FOUNDATION.
(a) Establishment.--A National Natural Resources
Conservation Foundation is established as a charitable and
nonprofit corporation for charitable, scientific, and
educational purposes specified in subsection (b). The
Foundation is not an agency or instrumentality of the United
States.
(b) Duties.--The Foundation shall--
(1) promote innovative solutions to the problems associated
with the conservation of natural resources on private lands,
particularly with respect to agriculture and soil and water
conservation;
(2) promote voluntary partnerships between government and
private interests in the conservation of natural resources;
(3) conduct research and undertake educational activities,
conduct and support demonstration projects, and make grants
to State and local agencies and nonprofit organizations;
(4) provide such other leadership and support as may be
necessary to address conservation challenges, such as the
prevention of excessive soil erosion, the enhancement of soil
and water quality, and the protection of wetlands, wildlife
habitat, and strategically important farmland subject to
urban conversion and fragmentation;
(5) encourage, accept, and administer private gifts of
money and real and personal property for the benefit of, or
in connection with, the conservation and related activities
and services of the Department, particularly the Natural
Resources Conservation Service;
(6) undertake, conduct, and encourage educational,
technical, and other assistance, and other activities, that
support the conservation and related programs administered by
the Department (other than activities carried out on National
Forest System lands), particularly the Natural Resources
Conservation Service, except that the Foundation may not
enforce or administer a regulation of the Department; and
(7) raise private funds to promote the purposes of the
Foundation.
(c) Limitations and Conflicts of Interest.--
(1) Political activities.--The Foundation shall not
participate or intervene in a political campaign on behalf of
any candidate for public office.
(2) Conflicts of interest.--No director, officer, or
employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
question before the Foundation affecting--
(A) the financial interests of the director, officer, or
employee; or
(B) the interests of any corporation, partnership, entity,
organization, or other person in which the director, officer,
or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial interest.
(3) Legislation or government action or policy.--No funds
of the Foundation may be used in any manner for the purpose
of influencing legislation or government action or policy.
(4) Litigation.--No funds of the Foundation may be used to
bring or join an action against the United States.
SEC. 354. COMPOSITION AND OPERATION.
(a) Composition.--The Foundation shall be administered by a
Board of Trustees that shall consist of 9 voting members,
each of whom shall be a United States citizen and not a
Federal officer. The Board shall be composed of--
(1) individuals with expertise in agricultural conservation
policy matters;
(2) a representative of private sector organizations with a
demonstrable interest in natural resources conservation;
(3) a representative of statewide conservation
organizations;
(4) a representative of soil and water conservation
districts;
(5) a representative of organizations outside the Federal
Government that are dedicated to natural resources
conservation education; and
(6) a farmer or rancher.
(b) Nongovernmental Employees.--Service as a member of the
Board shall not constitute employment by, or the holding of,
an office of the United States for the purposes of any
Federal law.
(c) Membership.--
(1) Initial members.--The Secretary shall appoint 9 persons
who meet the criteria established under subsection (a) as the
initial members of the Board and designate 1 of the members
as the initial chairperson for a 2-year term.
(2) Terms of office.--
(A) In general.--A member of the Board shall serve for a
term of 3 years, except that the members appointed to the
initial Board shall serve, proportionately, for terms of 1,
2, and 3 years, as determined by the Secretary.
(B) Limitation on terms.--No individual may serve more than
2 consecutive 3-year terms as a member of the Board.
(3) Subsequent members.--The initial members of the Board
shall adopt procedures in the constitution of the Foundation
for the nomination and selection of subsequent members of the
Board. The procedures shall require that each member, at a
minimum, meets the criteria established under subsection (a)
and shall provide for the selection of an individual, who is
not a Federal officer or a member of the Board.
(d) Chairperson.--After the appointment of an initial
chairperson under subsection (c)(1), each succeeding
chairperson of the Board shall be elected by the members of
the Board for a 2-year term.
(e) Vacancies.--A vacancy on the Board shall be filled by
the Board not later than 60 days after the occurrence of the
vacancy.
(f) Compensation.--A member of the Board shall receive no
compensation from the Foundation for the service of the
member on the Board.
(g) Travel Expenses.--While away from the home or regular
place of business of a member of the Board in the performance
of services for the Board, the member shall be allowed travel
expenses paid by the Foundation, including per diem in lieu
of subsistence, at the same rate as a person employed
intermittently in the Government service is allowed under
section 5703 of title 5, United States Code.
SEC. 355. OFFICERS AND EMPLOYEES.
(a) In General.--The Board may--
(1) appoint, hire, and discharge the officers and employees
of the Foundation, other than appoint the initial Executive
Director of the Foundation;
(2) adopt a constitution and bylaws for the Foundation that
are consistent with the purposes of this subtitle; and
(3) undertake any other activities that may be necessary to
carry out this subtitle.
(b) Officers and Employees.--
(1) Appointment and hiring.--An officer or employee of the
Foundation--
(A) shall not, by virtue of the appointment or employment
of the officer or employee, be considered a Federal employee
for any purpose, including the provisions of title 5, United
States Code, governing appointments in the competitive
service, except that such an individual may participate in
the Federal employee retirement system as if the individual
were a Federal employee; and
(B) may not be paid by the Foundation a salary in excess of
$125,000 per year.
(2) Executive director.--
(A) Initial director.--The Secretary shall appoint an
individual to serve as the initial Executive Director of the
Foundation who shall serve, at the direction of the Board, as
the chief operating officer of the Foundation.
(B) Subsequent directors.--The Board shall appoint each
subsequent Executive Director of the Foundation who shall
serve, at the direction of the Board, as the chief operating
officer of the Foundation.
(C) Qualifications.--The Executive Director shall be
knowledgeable and experienced in matters relating to natural
resources conservation.
SEC. 356. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) may conduct business throughout the United States and
the territories and possessions of the United States; and
(2) shall at all times maintain a designated agent who is
authorized to accept service of process for the Foundation,
so that the serving of notice to, or service of process on,
the agent, or mailed to the business address of the agent,
shall be considered as service on or notice to the
Foundation.
(b) Seal.--The Foundation shall have an official seal
selected by the Board that shall be judicially noticed.
(c) Powers.--To carry out the purposes of the Foundation
under section 353(b), the Foundation shall have, in addition
to the powers otherwise provided under this subtitle, the
usual powers of a corporation, including the power--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust,
of real or per
[[Page 692]]
sonal property or any income from, or other interest in, the
gift, devise, or bequest;
(2) to acquire by purchase or exchange any real or personal
property or interest in property, except that funds provided
under section 360 may not be used to purchase an interest in
real property;
(3) unless otherwise required by instrument of transfer, to
sell, donate, lease, invest, reinvest, retain, or otherwise
dispose of any property or income from property;
(4) to borrow money from private sources and issue bonds,
debentures, or other debt instruments, subject to section
359, except that the aggregate amount of the borrowing and
debt instruments outstanding at any time may not exceed
$1,000,000;
(5) to sue and be sued, and complain and defend itself, in
any court of competent jurisdiction, except that a member of
the Board shall not be personally liable for an action in the
performance of services for the Board, except for gross
negligence;
(6) to enter into a contract or other agreement with an
agency of State or local government, educational institution,
or other private organization or person and to make such
payments as may be necessary to carry out the functions of
the Foundation; and
(7) to do any and all acts that are necessary to carry out
the purposes of the Foundation.
(d) Interests in Property.--
(1) Interests in real property.--The Foundation may
acquire, hold, and dispose of lands, waters, or other
interests in real property by donation, gift, devise,
purchase, or exchange. An interest in real property shall be
treated, among other things, as including an easement or
other right for the preservation, conservation, protection,
or enhancement of agricultural, natural, scenic, historic,
scientific, educational, inspirational, or recreational
resources.
(2) Gifts.--A gift, devise, or bequest may be accepted by
the Foundation even though the gift, devise, or bequest is
encumbered, restricted, or subject to a beneficial interest
of a private person if any current or future interest in the
gift, devise, or bequest is for the benefit of the
Foundation.
SEC. 357. ADMINISTRATIVE SERVICES AND SUPPORT.
For each of fiscal years 1996 through 1998, the Secretary
may provide, without reimbursement, personnel, facilities,
and other administrative services of the Department to the
Foundation.
SEC. 358. AUDITS AND PETITION OF ATTORNEY GENERAL FOR
EQUITABLE RELIEF.
(a) Audits.--
(1) In general.--The accounts of the Foundation shall be
audited in accordance with Public Law 88-504 (36 U.S.C. 1101
et seq.), including an audit of lobbying and litigation
activities carried out by the Foundation.
(2) Conforming amendment.--The first section of Public Law
88-504 (36 U.S.C. 1101) is amended by adding at the end the
following:
``(77) The National Natural Resources Conservation
Foundation.''.
(b) Relief With Respect to Certain Foundation Acts or
Failure To Act.--The Attorney General may petition in the
United States District Court for the District of Columbia for
such equitable relief as may be necessary or appropriate, if
the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with this subtitle;
or
(2) refuses, fails, neglects, or threatens to refuse, fail,
or neglect, to discharge the obligations of the Foundation
under this subtitle.
SEC. 359. RELEASE FROM LIABILITY.
(a) In General.--The United States shall not be liable for
any debt, default, act, or omission of the Foundation. The
full faith and credit of the United States shall not extend
to the Foundation.
(b) Statement.--An obligation issued by the Foundation, and
a document offering an obligation, shall include a prominent
statement that the obligation is not directly or indirectly
guaranteed, in whole or in part, by the United States (or an
agency or instrumentality of the United States).
SEC. 360. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department
to be made available to the Foundation $1,000,000 for each of
fiscal years 1997 through 1999 to initially establish and
carry out activities of the Foundation.
Subtitle G--Forestry
SEC. 371. OFFICE OF INTERNATIONAL FORESTRY.
Section 2405 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6704) is amended by adding at the
end the following:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated for each of fiscal years 1996
through 2002 such sums as are necessary to carry out this
section.''.
SEC. 372. COOPERATIVE WORK FOR PROTECTION, MANAGEMENT, AND
IMPROVEMENT OF NATIONAL FOREST SYSTEM.
The penultimate paragraph of the matter under the heading
``FOREST SERVICE.'' of the first section of the Act of June
30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498), is
amended--
(1) by inserting ``, management,'' after ``the
protection'';
(2) by striking ``national forests,'' and inserting
``National Forest System,'';
(3) by inserting ``management,'' after ``protection,'' both
places it appears; and
(4) by adding at the end the following: ``Payment for work
undertaken pursuant to this paragraph may be made from any
appropriation of the Forest Service that is available for
similar work if a written agreement so provides and
reimbursement will be provided by a cooperator in the same
fiscal year as the expenditure by the Forest Service. A
reimbursement received from a cooperator that covers the
proportionate share of the cooperator of the cost of the work
shall be deposited to the credit of the appropriation of the
Forest Service from which the payment was initially made or,
if the appropriation is no longer available, to the credit of
an appropriation of the Forest Service that is available for
similar work. The Secretary of Agriculture shall establish
written rules that establish criteria to be used to determine
whether the acceptance of contributions of money under this
paragraph would adversely affect the ability of an officer or
employee of the Department of Agriculture to carry out a duty
or program of the officer or employee in a fair and objective
manner or would compromise, or appear to compromise, the
integrity of the program, officer, or employee. The Secretary
of Agriculture shall establish written rules that protect the
interests of the Forest Service in cooperative work
agreements.''.
SEC. 373. FORESTRY INCENTIVES PROGRAM.
Section 4 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103) is amended--
(1) in subsection (j), by striking ``annually'' and
inserting ``for each of fiscal years 1996 through 2002''; and
(2) by striking subsection (k).
SEC. 374. OPTIONAL STATE GRANTS FOR FOREST LEGACY PROGRAM.
Section 7 of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103c) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Optional State Grants.--
``(1) In general.--The Secretary shall, at the request of a
participating State, provide a grant to the State to carry
out the Forest Legacy Program in the State.
``(2) Administration.--If a State elects to receive a grant
under this subsection--
``(A) the Secretary shall use a portion of the funds made
available under subsection (m), as determined by the
Secretary, to provide a grant to the State; and
``(B) the State shall use the grant to carry out the Forest
Legacy Program in the State, including the acquisition by the
State of lands and interests in lands.''.
Subtitle H--Miscellaneous Conservation Provisions
SEC. 381. CONSERVATION ACTIVITIES OF COMMODITY CREDIT
CORPORATION.
(a) In General.--Section 5 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Carry out conservation or environmental programs
authorized by law.''.
(b) Effective Date.--The amendments made by subsection (a)
shall become effective on January 1, 1997.
SEC. 382. FLOODPLAIN EASEMENTS.
Section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) is amended by inserting ``, including the
purchase of floodplain easements,'' after ``emergency
measures''.
SEC. 383. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
Section 1538 of the Agriculture and Food Act of 1981 (16
U.S.C. 3461) is amended by striking ``1991 through 1995'' and
inserting ``1996 through 2002''.
SEC. 384. REPEAL OF REPORT REQUIREMENT.
Section 1342 of title 44, United States Code, is repealed.
SEC. 385. FLOOD RISK REDUCTION.
(a) In General.--During fiscal years 1996 through 2002, the
Secretary of Agriculture (referred to in this section as the
``Secretary'') may enter into a contract with a producer on a
farm who has contract acreage under the Agricultural Market
Transition Act that is frequently flooded.
(b) Duties of Producers.--Under the terms of the contract,
with respect to acres that are subject to the contract, the
producer must agree to--
(1) the termination of any contract acreage and production
flexibility contract under the Agricultural Market Transition
Act;
(2) forgo loans for contract commodities, oilseeds, and
extra long staple cotton;
(3) not apply for crop insurance issued or reinsured by the
Secretary;
(4) comply with applicable highly erodible land and
wetlands conservation compliance requirements established
under title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.);
(5) not apply for any conservation program payments from
the Secretary;
(6) not apply for disaster program benefits provided by the
Secretary; and
(7) refund the payments, with interest, issued under the
flood risk reduction contract to the Secretary, if the
producer violates the terms of the contract or if the
producer transfers the property to another person who
violates the contract.
(c) Duties of the Secretary.--In return for a contract
entered into by a producer under this section, the Secretary
shall pay the producer an amount that is not more than 95
percent of projected contract payments under the Agricultural
Market Tran
[[Page 693]]
sition Act that the Secretary estimates the producer would
otherwise have received during the period beginning at the
time the contract is entered into under this section and
ending September 30, 2002.
(d) Commodity Credit Corporation.--The Secretary shall
carry out the program authorized by this section (other than
subsection (e)) through the Commodity Credit Corporation.
(e) Additional Payments.--
(1) In general.--Subject to the availability of advanced
appropriations, the Secretary may make payments to a producer
described in subsection (a), in addition to the payments
provided under subsection (c), to offset other estimated
Federal Government outlays on frequently flooded land.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
paragraph (1).
(f) Limitation on Payments.--Amounts made available for
production flexibility contracts under section 113 shall be
reduced by an amount that is equal to the contract payments
that producers forgo under subsection (b)(1) of this section.
SEC. 386. CONSERVATION OF PRIVATE GRAZING LAND.
(a) Findings.--Congress finds that--
(1) private grazing land constitutes nearly \1/2\ of the
non-Federal land of the United States and is basic to the
environmental, social, and economic stability of rural
communities;
(2) private grazing land contains a complex set of
interactions among soil, water, air, plants, and animals;
(3) grazing land constitutes the single largest watershed
cover type in the United States and contributes significantly
to the quality and quantity of water available for all of the
many uses of the land;
(4) private grazing land constitutes the most extensive
wildlife habitat in the United States;
(5) private grazing land can provide opportunities for
improved nutrient management from land application of animal
manures and other by-product nutrient resources;
(6) owners and managers of private grazing land need to
continue to recognize conservation problems when the problems
arise and receive sound technical assistance to improve or
conserve grazing land resources to meet ecological and
economic demands;
(7) new science and technology must continually be made
available in a practical manner so owners and managers of
private grazing land may make informed decisions concerning
vital grazing land resources;
(8) agencies of the Department with private grazing land
responsibilities are the agencies that have the expertise and
experience to provide technical assistance, education, and
research to owners and managers of private grazing land for
the long-term productivity and ecological health of grazing
land;
(9) although competing demands on private grazing land
resources are greater than ever before, assistance to private
owners and managers of private grazing land is currently
limited and does not meet the demand and basic need for
adequately sustaining or enhancing the private grazing land
resources; and
(10) private grazing land can be enhanced to provide many
benefits to all citizens of the United States through
voluntary cooperation among owners and managers of the land,
local conservation districts, and the agencies of the
Department responsible for providing assistance to owners and
managers of land and to conservation districts.
(b) Purpose.--It is the purpose of this section to
authorize the Secretary to provide a coordinated technical,
educational, and related assistance program to conserve and
enhance private grazing land resources and provide related
benefits to all citizens of the United States by--
(1) establishing a coordinated and cooperative Federal,
State, and local grazing conservation program for management
of private grazing land;
(2) strengthening technical, educational, and related
assistance programs that provide assistance to owners and
managers of private grazing land;
(3) conserving and improving wildlife habitat on private
grazing land;
(4) conserving and improving fish habitat and aquatic
systems through grazing land conservation treatment;
(5) protecting and improving water quality;
(6) improving the dependability and consistency of water
supplies;
(7) identifying and managing weed, noxious weed, and brush
encroachment problems on private grazing land; and
(8) integrating conservation planning and management
decisions by owners and managers of private grazing land, on
a voluntary basis.
(c) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Agriculture.
(2) Private grazing land.--The term ``private grazing
land'' means private, State-owned, tribally-owned, and any
other non-federally owned rangeland, pastureland, grazed
forest land, and hay land.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(d) Private Grazing Land Conservation Assistance.--
(1) Assistance to grazing landowners and others.--Subject
to the availability of appropriations for this section, the
Secretary shall establish a voluntary program to provide
technical, educational, and related assistance to owners and
managers of private grazing land and public agencies, through
local conservation districts, to enable the landowners,
managers, and public agencies to voluntarily carry out
activities that are consistent with this section, including--
(A) maintaining and improving private grazing land and the
multiple values and uses that depend on private grazing land;
(B) implementing grazing land management technologies;
(C) managing resources on private grazing land, including--
(i) planning, managing, and treating private grazing land
resources;
(ii) ensuring the long-term sustainability of private
grazing land resources;
(iii) harvesting, processing, and marketing private grazing
land resources; and
(iv) identifying and managing weed, noxious weed, and brush
encroachment problems;
(D) protecting and improving the quality and quantity of
water yields from private grazing land;
(E) maintaining and improving wildlife and fish habitat on
private grazing land;
(F) enhancing recreational opportunities on private grazing
land;
(G) maintaining and improving the aesthetic character of
private grazing lands; and
(H) identifying the opportunities and encouraging the
diversification of private grazing land enterprises.
(2) Program elements.--
(A) Funding.--If funding is provided to carry out this
section, it shall be provided through a specific line-item in
the annual appropriations for the Natural Resources
Conservation Service.
(B) Technical assistance and education.--Personnel of the
Department trained in pasture and range management shall be
made available under the program to deliver and coordinate
technical assistance and education to owners and managers of
private grazing land, at the request of the owners and
managers.
(e) Grazing Technical Assistance Self-Help.--
(1) Findings.--Congress finds that--
(A) there is a severe lack of technical assistance for
farmers and ranchers who graze livestock;
(B) Federal budgetary constraints preclude any significant
expansion, and may force a reduction of, current levels of
technical support; and
(C) farmers and ranchers have a history of cooperatively
working together to address common needs in the promotion of
their products and in the drainage of wet areas through
drainage districts.
(2) Establishment of grazing demonstration.--In accordance
with paragraph (3), the Secretary may establish 2 grazing
management demonstration districts at the recommendation of
the grazing lands conservation initiative steering committee.
(3) Procedure.--
(A) Proposal.--Within a reasonable time after the
submission of a request of an organization of farmers or
ranchers engaged in grazing, the Secretary shall propose that
a grazing management district be established.
(B) Funding.--The terms and conditions of the funding and
operation of the grazing management district shall be
proposed by the producers.
(C) Approval.--The Secretary shall approve the proposal if
the Secretary determines that the proposal--
(i) is reasonable;
(ii) will promote sound grazing practices; and
(iii) contains provisions similar to the provisions
contained in the beef promotion and research order issued
under section 4 of the Beef Research and Information Act (7
U.S.C. 2903) in effect on the date of enactment of this Act.
(D) Area included.--The area proposed to be included in a
grazing management district shall be determined by the
Secretary on the basis of a petition by farmers or ranchers.
(E) Authorization.--The Secretary may use authority under
the Agricultural Adjustment Act (7 U.S.C. 601 et seq.),
reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, to operate, on a demonstration basis,
a grazing management district.
(F) Activities.--The activities of a grazing management
district shall be scientifically sound activities, as
determined by the Secretary in consultation with a technical
advisory committee composed of ranchers, farmers, and
technical experts.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $20,000,000 for fiscal year 1996;
(2) $40,000,000 for fiscal year 1997; and
(3) $60,000,000 for fiscal year 1998 and each subsequent
fiscal year.
SEC. 387. WILDLIFE HABITAT INCENTIVES PROGRAM.
(a) In General.--The Secretary of Agriculture, in
consultation with the State technical committees established
under section 1261 of the Food Security Act of 1985 (16
U.S.C. 3861), shall establish a program under the Natural
Resources Conservation Service to be known as the ``Wildlife
Habitat Incentive Program''.
(b) Cost-Share Payments.--Under the program, the Secretary
shall make cost-share payments to landowners to develop
upland wildlife, wetland wildlife, threatened and endangered
species, fish, and other types of wildlife habitat approved
by the Secretary.
[[Page 694]]
(c) Funding.--To carry out this section, a total of
$50,000,000 shall be made available for fiscal years 1996
through 2002 from funds made available to carry out
subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3831 et seq.).
SEC. 388. FARMLAND PROTECTION PROGRAM.
(a) In General.--The Secretary of Agriculture shall
establish and carry out a farmland protection program under
which the Secretary shall purchase conservation easements or
other interests in not less than 170,000, nor more than
340,000, acres of land with prime, unique, or other
productive soil that is subject to a pending offer from a
State or local government for the purpose of protecting
topsoil by limiting nonagricultural uses of the land.
(b) Conservation Plan.--Any highly erodible cropland for
which a conservation easement or other interest is purchased
under this section shall be subject to the requirements of a
conservation plan that requires, at the option of the
Secretary, the conversion of the cropland to less intensive
uses.
(c) Funding.--The Secretary shall use not more than
$35,000,000 of the funds of the Commodity Credit Corporation
to carry out this section.
SEC. 389. INTERIM MORATORIUM ON BYPASS FLOWS.
(a) Moratorium.--There shall be an 18-month moratorium on
any Forest Service decision to require bypass flows or any
other relinquishment of the unimpaired use of a decreed water
right as a condition of renewal or reissuance of a land use
authorization permit.
(b) Limitations.--Subsection (a) shall not affect--
(1) obligations or authority of the Secretary of
Agriculture to protect public health and safety; and
(2) obligations or authority under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), or applicable State
law.
(c) Rules of Construction.--
(1) Existing non-federal water rights.--Nothing in this
section prevents or inhibits the exercise of the use and
operation of existing non-Federal water rights on or above
the National Forest land that require land use authorization
permits from the Forest Service to access water supply
facilities.
(2) Renewal or reissuance of expiring land use
authorization for decreed water rights.--Nothing in this
section prevents or inhibits the renewal or reissuance of
expiring land use authorizations for decreed water rights.
The Forest Service may extend, as needed, any expiring land
use authorization for such time as is necessary to
incorporate the results of the study authorized by subsection
(d).
(d) Study of Water Rights Across Federal Lands.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, there shall be established a Water
Rights Task Force to study the subjects described in
paragraph (3).
(2) Membership.--The Task Force shall be composed of 7
members appointed as follows:
(A) 1 member shall be appointed by the Secretary of
Agriculture.
(B) 2 members shall be appointed by the Speaker of the
House of Representatives and 1 member shall be appointed by
the Minority Leader of the House of Representatives.
(C) 2 members shall be appointed by the Majority Leader of
the Senate and 1 member shall be appointed by the Minority
Leader of the Senate.
(3) Subjects to be studied.--The Task Force shall study and
make recommendations on--
(A) whether Federal water rights should be acquired for
environmental protection on National Forest land;
(B) measures necessary to protect the free exercise of non-
Federal water rights requiring easements and permits from the
Forest Service;
(C) the protection of minimum instream flows for
environmental and watershed management purposes on National
Forest land through purchases or exchanges from willing
sellers in accordance with State law;
(D) the effects of any of the recommendations made under
this paragraph on existing State laws, regulations, and
customs of water usage; and
(E) measures that would be useful in avoiding or resolving
conflicts between the Forest Service's responsibilities for
natural resource and environmental protection, the public
interest, and the property rights and interests of water
holders with special use permits for water facilities,
including the study of the Federal acquisition of water
rights, dispute resolution, mitigation, and compensation.
(4) Final report.--As soon as practicable, but not later
than 1 year, after the date of enactment of this Act, the
Task Force shall provide the final report of the Task Force
to--
(A) the Secretary of Agriculture;
(B) the Speaker of the House of Representatives;
(C) the President pro tempore of the Senate;
(D) the Chairman of the Committee on Agriculture of the
House of Representatives;
(E) the Chairman of the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(F) the Chairman of the Committee on Resources of the House
of Representatives; and
(G) the Chairman of the Committee on Energy and Natural
Resources of the Senate.
(5) Authorization of funds.--The Secretary of Agriculture
shall use funds made available for salaries and
administrative expenses of the Department of Agriculture to
carry out this subsection.
SEC. 390. EVERGLADES ECOSYSTEM RESTORATION.
(a) In General.--On July 1, 1996, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall provide $200,000,000 to the Secretary of the
Interior to carry out this section.
(b) Entitlement.--The Secretary of the Interior (referred
to in this section as the ``Secretary'')--
(1) shall be entitled to receive the funds made available
under subsection (a);
(2) shall accept the funds; and
(3) shall use the funds to--
(A) conduct restoration activities in the Everglades
ecosystem in South Florida, which shall include the
acquisition of real property and interests in real property
located within the Everglades ecosystem; and
(B) fund resource protection and resource maintenance
activities in the Everglades ecosystem.
(c) Savings Provision.--Nothing in this subsection
precludes the Secretary from transferring funds to the Army
Corps of Engineers, the State of Florida, or the South
Florida Water Management District to carry out subsection
(b)(3).
(d) Deadline.--The Secretary shall use the funds made
available under subsection (a) for restoration activities
referred to in subsection (b)(3) not later than December 31,
1999.
(e) Report to Congress.--For each of calendar years 1996
through 1999, the Secretary shall submit an annual report to
Congress describing all activities carried out under
subsection (b)(3).
(f) Separate and Additional Everglades Restoration
Account.--
(1) Establishment.--There is established in the Treasury a
special account (to be known as the ``Everglades Restoration
Account''), which shall consist of such funds as may be
deposited in the account under paragraph (2). The account
shall be separate, and in addition to, funds deposited in the
Treasury under subsection (a).
(2) Source of funds for account.--
(A) Proceeds from surplus property.--
(i) In general.--Subject to subparagraph (B), the
Administrator shall deposit in the special account all funds
received by the Administrator, on or after the date of
enactment of this Act, from the disposal pursuant to the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) of surplus real property located in the
State of Florida.
(ii) Availability and disposition of federal land.--
(I) Identification.--Any Federal real property located in
the State of Florida (excluding lands under the
administrative jurisdiction of the Secretary that are set
aside for conservation purposes) shall be identified for
disposal or exchange under this subsection and shall be
presumed available for purposes of this subsection unless the
head of the agency controlling the property determines that
there is a compelling program need for any property
identified by the Secretary.
(II) Availability.--Property identified by the Secretary
for which there is no demonstrated compelling program need
shall, not later than 90 days after a request by the
Secretary, be reported to the Administrator and shall be made
available to the Administrator who shall consider the
property to be surplus property for purposes of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C
471 et. seq.).
(III) Prioritization of disposition.--The Administrator may
prioritize the disposition of property made available under
this subparagraph to permit the property to be sold as
quickly as practicable in a manner that is consistent with
the best interests of the Federal Government.
(B) Limit on total amount of deposits.--The total amount of
funds deposited in the special account under subparagraph (A)
shall not exceed $100,000,000.
(C) Effect on closure of military installations.--Nothing
in this section alters the disposition of any proceeds
arising from the disposal of real property pursuant to a base
closure law.
(3) Use of special account.--Funds in the special account
shall be available to the Secretary until expended under this
paragraph. The Secretary shall use funds in the special
account to assist in the restoration of the Everglades
ecosystem in South Florida through--
(A) subject to paragraph (4), the acquisition of real
property and interests in real property located within the
Everglades ecosystem; and
(B) the funding of resource protection and resource
maintenance activities in the Everglades ecosystem.
(4) State contribution.--The Secretary may not expend any
funds from the special account to acquire a parcel of real
property, or an interest in a parcel of real property, under
paragraph (3)(A) unless the Secretary obtains, or has
previously obtained, a contribution from the State of Florida
in an amount equal to not less than 50 percent of the
appraised value of the parcel or interest to be acquired, as
determined by the Secretary.
(5) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
[[Page 695]]
(B) Base closure law.--The term ``base closure law'' means
each of the following:
(i) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(ii) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(iii) Section 2687 of title 10, United States Code.
(iv) Any other similar law enacted after the date of
enactment of this Act.
(C) Everglades ecosystem.--The term ``Everglades
ecosystem'' means the Florida Everglades Restoration area
that extends from the Kissimmee River basin to Florida Bay.
(D) Excess property.--The term ``excess property'' has the
meaning provided in section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
(E) Executive agency.--The term ``executive agency'' has
the meaning provided in section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
(F) Special account.--The term ``special account'' means
the Everglades Restoration Account established under
paragraph (1).
(G) Surplus property.--The term ``surplus property'' has
the meaning provided in section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
(g) Report To Determine the Feasibility of Additional Land
Acquisition and Restoration Activities.--
(1) In general.--The Secretary shall conduct an
investigation to determine what, if any, unreserved and
unappropriated Federal lands (or mineral interests in any
such lands) under the administrative jurisdiction of the
Secretary are suitable for disposal or exchange for the
purpose of conducting restoration activities in the
Everglades region.
(2) Conservation lands.--No lands under the administrative
jurisdiction of the Secretary that are set aside for
conservation purposes shall be identified for disposal or
exchange under this subsection.
(3) Florida.--In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, determine
which lands and mineral interests located within the State of
Florida are suitable for disposal or exchange before making
the determination for eligible lands or interests in other
States.
(4) Public access.--In carrying out this subsection, the
Secretary shall consider that in disposing of lands, the
Secretary shall retain such interest in the lands as may be
necessary to ensure that the general public is not precluded
from reasonable access to the lands for purposes of fishing,
hunting, or other recreational uses.
(5) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate describing the results of the investigation conducted
under this subsection. The report shall describe the specific
parcels identified under this subsection, establish the
priorities for disposal or exchange among the parcels, and
estimate the values of the parcels.
SEC. 391. AGRICULTURAL AIR QUALITY RESEARCH OVERSIGHT.
(a) Findings.--Congress finds that--
(1) various studies have alleged that agriculture is a
source of PM-10 emissions;
(2) many of these studies have often been based on
erroneous data;
(3) Federal research activities are currently being
conducted by the Department of Agriculture to determine the
true extent to which agricultural activities contribute to
air pollution and to determine cost-effective ways in which
the agricultural industry can reduce any pollution that
exists; and
(4) any Federal policy recommendations that may be issued
by any Federal agency to address air pollution problems
related to agriculture or any other industrial activity
should be based on sound scientific findings that are subject
to adequate peer review and should take into account economic
feasibility.
(b) Purpose.--The purpose of this section is to encourage
the Secretary of Agriculture to continue to strengthen vital
research efforts related to agricultural air quality.
(c) Oversight Coordination.--
(1) Intergovernmental cooperation.--The Secretary shall, to
the maximum extent practicable with respect to the Department
of Agriculture and other Federal departments and agencies,
ensure intergovernmental cooperation in research activities
related to agricultural air quality and avoid duplication of
the activities.
(2) Correct data.--The Secretary shall, to the maximum
extent practicable, ensure that the results of any research
related to agricultural air quality conducted by Federal
agencies not report erroneous data with respect to
agricultural air quality.
(d) Task Force.--
(1) Establishment.--The Chief of the National Resources
Conservation Service shall establish a task force to address
agricultural air quality issues.
(2) Composition.--The task force shall be comprised of
employees of the Department of Agriculture, industry
representatives, and other experts in the fields of
agriculture and air quality.
(3) Duties.--The task force shall advise the Secretary with
respect to the role of the Secretary for providing oversight
and coordination related to agricultural air quality.
TITLE IV--NUTRITION ASSISTANCE
SEC. 401. FOOD STAMP PROGRAM.
(a) Disqualification of a Store or Concern.--Section
12(b)(3)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2021(b)(3)(B)) is amended--
(1) by striking the second parenthetical; and
(2) by striking ``; or'' and inserting the following: ``,
including evidence that--
``(i) the ownership of the store or food concern was not
aware of, did not approve of, did not benefit from, and was
not involved in the conduct of the violation; and
``(ii)(I) the management of the store or food concern was
not aware of, did not approve of, did not benefit from, and
was not involved in the conduct of the violation; or
``(II) the management was aware of, approved of, benefited
from, or was involved in the conduct of no more than 1
previous violation by the store or food concern; or''.
(b) Employment and Training.--Section 16(h)(1) of the Food
Stamp Act of 1977 (7 U.S.C. 2025(h)(1)) is amended by
striking ``1995'' each place it appears and inserting
``2002''.
(c) Authorization of Pilot Projects.--The last sentence of
section 17(b)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)(A)) is amended by striking ``1995'' and inserting
``2002''.
(d) Outreach Demonstration Projects.--The first sentence of
section 17(j)(1)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2026(j)(1)(A)) is amended by striking ``1995'' and inserting
``2002''.
(e) Authorization for Appropriations.--The first sentence
of section 18(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2027(a)(1)) is amended by striking ``1995'' and inserting
``1997''.
(f) Reauthorization of Puerto Rico Nutrition Assistance
Program.--The first sentence of section 19(a)(1)(A) of the
Food Stamp Act of 1977 (7 U.S.C. 2028(a)(1)(A)) is amended by
striking ``$974,000,000'' and all that follows through
``fiscal year 1995'' and inserting ``$1,143,000,000 for
fiscal year 1996, $1,174,000,000 for fiscal year 1997,
$1,204,000,000 for fiscal year 1998, $1,236,000,000 for
fiscal year 1999, $1,268,000,000 for fiscal year 2000,
$1,301,000,000 for fiscal year 2001, and $1,335,000,000 for
fiscal year 2002''.
(g) American Samoa.--The Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.) is amended by adding at the end the following:
``SEC. 24. TERRITORY OF AMERICAN SAMOA.
``Effective October 1, 1995, from amounts made available to
carry out this Act, the Secretary shall pay to the Territory
of American Samoa not more than $5,300,000 for each of fiscal
years 1996 through 2002 to finance 100 percent of the
expenditures for the fiscal year for a nutrition assistance
program extended under section 601(c) of Public Law 96-597
(48 U.S.C. 1469d(c)).''.
(h) Assistance for Community Food Projects.--The Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.) (as amended by subsection
(g)) is amended by adding at the end the following:
``SEC. 25. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
``(a) Definition of Community Food Projects.--In this
section, the term `community food project' means a community-
based project that requires a 1-time infusion of Federal
assistance to become self-sustaining and that is designed
to--
``(1) meet the food needs of low-income people;
``(2) increase the self-reliance of communities in
providing for their own food needs; and
``(3) promote comprehensive responses to local food, farm,
and nutrition issues.
``(b) Authority To Provide Assistance.--
``(1) In general.--From amounts made available to carry out
this Act, the Secretary may make grants to assist eligible
private nonprofit entities to establish and carry out
community food projects.
``(2) Limitation on grants.--The total amount of funds
provided as grants under this section may not exceed--
``(A) $1,000,000 for fiscal year 1996; and
``(B) $2,500,000 for each of fiscal years 1997 through
2002.
``(c) Eligible Entities.--To be eligible for a grant under
subsection (b), a private nonprofit entity must--
``(1) have experience in the area of--
``(A) community food work, particularly concerning small
and medium-sized farms, including the provision of food to
people in low-income communities and the development of new
markets in low-income communities for agricultural producers;
or
``(B) job training and business development activities for
food-related activities in low-income communities;
``(2) demonstrate competency to implement a project,
provide fiscal accountability, collect data, and prepare
reports and other necessary documentation; and
``(3) demonstrate a willingness to share information with
researchers, practitioners, and other interested parties.
``(d) Preference for Certain Projects.--In selecting
community food projects to receive assistance under
subsection (b), the Secretary shall give a preference to
projects designed to--
``(1) develop linkages between 2 or more sectors of the
food system;
``(2) support the development of entrepreneurial projects;
``(3) develop innovative linkages between the for-profit
and nonprofit food sectors; or
``(4) encourage long-term planning activities and multi-
system, interagency approaches.
[[Page 696]]
``(e) Matching Funds Requirements.--
``(1) Requirements.--The Federal share of the cost of
establishing or carrying out a community food project that
receives assistance under subsection (b) may not exceed 50
percent of the cost of the project during the term of the
grant.
``(2) Calculation.--In providing for the non-Federal share
of the cost of carrying out a community food project, the
entity receiving the grant shall provide for the share
through a payment in cash or in kind, fairly evaluated,
including facilities, equipment, or services.
``(3) Sources.--An entity may provide for the non-Federal
share through State government, local government, or private
sources.
``(f) Term of Grant.--
``(1) Single grant.--A community food project may be
supported by only a single grant under subsection (b).
``(2) Term.--The term of a grant under subsection (b) may
not exceed 3 years.
``(g) Technical Assistance and Related Information.--
``(1) Technical assistance.--In carrying out this section,
the Secretary may provide technical assistance regarding
community food projects, processes, and development to an
entity seeking the assistance.
``(2) Sharing Information.--
``(A) In general.--The Secretary may provide for the
sharing of information concerning community food projects and
issues among and between government, private for-profit and
nonprofit groups, and the public through publications,
conferences, and other appropriate forums.
``(B) Other interested parties.--The Secretary may share
information concerning community food projects with
researchers, practitioners, and other interested parties.
``(h) Evaluation.--
``(1) In general.--The Secretary shall provide for the
evaluation of the success of community food projects
supported using funds under this section.
``(2) Report.--Not later than January 30, 2002, the
Secretary shall submit a report to Congress regarding the
results of the evaluation.''.
SEC. 402. COMMODITY DISTRIBUTION PROGRAM; COMMODITY
SUPPLEMENTAL FOOD PROGRAM.
(a) Reauthorization.--The first sentence of section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (Public
Law 93-86; 7 U.S.C. 612c note) is amended by striking
``1995'' and inserting ``2002''.
(b) Funding.--Section 5 of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note)
is amended--
(1) in subsection (a)(2), by striking ``1995'' and
inserting ``2002'';
(2) in subsection (d)(2), by striking ``1995'' and
inserting ``2002''; and
(3) by adding at the end the following:
``(l) Carried-Over Funds.--Not more than 20 percent of any
commodity supplemental food program food funds carried over
under this section shall be available for administrative
expenses of the program.''.
SEC. 403. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) Reauthorization.--The first sentence of section
204(a)(1) of the Emergency Food Assistance Act of 1983
(Public Law 98-8; 7 U.S.C. 612c note) is amended by striking
``1995'' and inserting ``2002''.
(b) Program Termination.--Section 212 of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
is amended by striking ``1995'' and inserting ``2002''.
(c) Required Purchases of Commodities.--Section 214 of the
Emergency Food Assistance Act of 1983 (Public Law 98-8; 7
U.S.C. 612c note) is amended--
(1) in the first sentence of subsection (a), by striking
``1995'' and inserting ``2002''; and
(2) in subsection (e), by striking ``1995'' each place it
appears and inserting ``2002''.
SEC. 404. SOUP KITCHEN AND FOOD BANK PROGRAM.
Section 110 of the Hunger Prevention Act of 1988 (Public
Law 100-435; 7 U.S.C. 612c note) is amended--
(1) in the first sentence of subsection (a), by striking
``1995'' and inserting ``2002''; and
(2) in subsection (c)(2)--
(A) in the paragraph heading, by striking ``1992 through
1995'' and inserting ``Subsequent''; and
(B) by striking ``1995'' each place it appears and
inserting ``2002''.
SEC. 405. NATIONAL COMMODITY PROCESSING.
The first sentence of section 1114(a)(2)(A) of the
Agriculture and Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is
amended by striking ``1995'' and inserting ``2002''.
TITLE V--AGRICULTURAL PROMOTION
Subtitle A--Commodity Promotion and Evaluation
SEC. 501. COMMODITY PROMOTION AND EVALUATION.
(a) Commodity Promotion Law Defined.--In this section, the
term ``commodity promotion law'' means a Federal law that
provides for the establishment and operation of a promotion
program regarding an agricultural commodity that includes a
combination of promotion, research, industry information, or
consumer information activities, is funded by mandatory
assessments on producers or processors, and is designed to
maintain or expand markets and uses for the commodity (as
determined by the Secretary). The term includes--
(1) the marketing promotion provisions under section
8c(6)(I) of the Agricultural Adjustment Act (7 U.S.C.
608c(6)(I)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937;
(2) Public Law 89-502 (7 U.S.C. 2101 et seq.);
(3) title III of Public Law 91-670 (7 U.S.C. 2611 et seq.);
(4) Public Law 93-428 (7 U.S.C. 2701 et seq.);
(5) Public Law 94-294 (7 U.S.C. 2901 et seq.);
(6) subtitle B of title I of Public Law 98-180 (7 U.S.C.
4501 et seq.);
(7) Public Law 98-590 (7 U.S.C. 4601 et seq.);
(8) subtitle B of title XVI of Public Law 99-198 (7 U.S.C.
4801 et seq.);
(9) subtitle C of title XVI of Public Law 99-198 (7 U.S.C.
4901 et seq.);
(10) subtitle B of title XIX of Public Law 101-624 (7
U.S.C. 6101 et seq.);
(11) subtitle E of title XIX of Public Law 101-624 (7
U.S.C. 6301 et seq.);
(12) subtitle H of title XIX of Public Law 101-624 (7
U.S.C. 6401 et seq.);
(13) Public Law 103-190 (7 U.S.C. 6801 et seq.);
(14) Public Law 103-407 (7 U.S.C. 7101 et seq.);
(15) subtitle B;
(16) subtitle C;
(17) subtitle D; or
(18) subtitle E.
(b) Findings.--Congress finds the following:
(1) It is in the national public interest and vital to the
welfare of the agricultural economy of the United States to
maintain and expand existing markets and develop new markets
and uses for agricultural commodities through industry-
funded, Government-supervised, generic commodity promotion
programs established under commodity promotion laws.
(2) These generic commodity promotion programs, funded by
the agricultural producers or processors who most directly
reap the benefits of the programs and supervised by the
Secretary of Agriculture, provide a unique opportunity for
producers and processors to inform consumers about their
products.
(3) The central congressional purpose underlying each
commodity promotion law has always been to maintain and
expand markets for the agricultural commodity covered by the
law, rather than to maintain or expand the share of those
markets held by any individual producer or processor.
(4) The commodity promotion laws were neither designed nor
intended to prohibit or restrict, and the promotion programs
established and funded pursuant to these laws do not prohibit
or restrict, individual advertising or promotion of the
covered commodities by any producer, processor, or group of
producers or processors.
(5) It has never been the intent of Congress for the
generic commodity promotion programs established and funded
by the commodity promotion laws to replace the individual
advertising and promotion efforts of producers or processors.
(6) An individual producer's or processor's own advertising
initiatives are typically designed to increase the share of
the market held by that producer or processor rather than to
increase or expand the overall size of the market.
(7) In contrast, a generic commodity promotion program is
intended and designed to maintain or increase the overall
demand for the agricultural commodity covered by the program
and increase the size of the market for that commodity, often
by utilizing promotion methods and techniques that individual
producers and processors typically are unable, or have no
incentive, to employ.
(8) The commodity promotion laws establish promotion
programs that operate as ``self-help'' mechanisms for
producers and processors to fund generic promotions for
covered commodities which, under the required supervision and
oversight of the Secretary of Agriculture--
(A) further specific national governmental goals, as
established by Congress; and
(B) produce nonideological and commercial communication the
purpose of which is to further the governmental policy and
objective of maintaining and expanding the markets for the
covered commodities.
(9) While some commodity promotion laws grant a producer or
processor the option of crediting individual advertising
conducted by the producer or processor for all or a portion
of the producer's or processor's marketing promotion
assessments, all promotion programs established under the
commodity promotion laws, both those programs that permit
credit for individual advertising and those programs that do
not contain such provisions, are very narrowly tailored to
fulfill the congressional purposes of the commodity promotion
laws without impairing or infringing the legal or
constitutional rights of any individual producer or
processor.
(10) These generic commodity promotion programs are of
particular benefit to small producers who often lack the
resources or market power to advertise on their own and who
are otherwise often unable to benefit from the economies of
scale available in promotion and advertising.
(11) Periodic independent evaluation of the effectiveness
of these generic commodity promotion programs will assist
Congress and the Secretary of Agriculture in ensuring that
the objectives of the programs are met.
(c) Independent Evaluation of Promotion Program
Effectiveness.--Except as otherwise provided by law, each
commodity board established under the supervision and
oversight of the Secretary of Agriculture pursuant to a
commodity promotion law shall, not less often than every 5
years, authorize and fund, from funds otherwise available to
the board, an independent evaluation of the ef
[[Page 697]]
fectiveness of the generic commodity promotion programs and
other programs conducted by the board pursuant to a commodity
promotion law. The board shall submit to the Secretary, and
make available to the public, the results of each periodic
independent evaluation conducted under this subsection.
(d) Administrative Costs.--The Secretary shall annually
provide to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate information on administrative
expenses on programs established under commodity promotion
laws.
Subtitle B--Issuance of Orders for Promotion, Research, and Information
Activities Regarding Agricultural Commodities
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ``Commodity Promotion,
Research, and Information Act of 1996''.
SEC. 512. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The production of agricultural commodities plays a
significant role in the economy of the United States.
Thousands of producers in the United States are involved in
the production of agricultural commodities, and such
commodities are consumed by millions of people throughout the
United States and foreign countries.
(2) Agricultural commodities must be of high quality,
readily available, handled properly, and marketed efficiently
to ensure that consumers have an adequate supply.
(3) The maintenance and expansion of existing markets and
the development of new markets for agricultural commodities
through generic commodity promotion, research, and
information programs are vital to the welfare of persons
engaged in the production, marketing, and consumption of such
commodities, as well as to the general economy of the United
States.
(4) Generic promotion, research, and information activities
for agricultural commodities play a unique role in advancing
the demand for such commodities, since such activities
increase the total market for a product to the benefit of
consumers and all producers. These generic activities
complement branded advertising initiatives, which are aimed
at increasing the market share of individual competitors, and
are of particular benefit to small producers who lack the
resources or market power to advertise on their own. These
generic activities do not impede the branded advertising
efforts of individual firms, but instead increase general
market demand for an agricultural commodity using methods
that individual companies do not have the incentive to
employ.
(5) Generic promotion, research, and information activities
for agricultural commodities, paid by the producers and
others in the industry who reap the benefits of such
activities, provide a unique opportunity for producers to
inform consumers about a particular agricultural commodity.
(6) It is important to ensure that generic promotion,
research, and information activities for agricultural
commodities be carried out in an effective and coordinated
manner designed to strengthen the position of the commodities
in the marketplace and to maintain and expand their markets
and uses. Independent evaluation of the effectiveness of the
generic promotion activities of these programs will assist
the Secretary of Agriculture and Congress in ensuring that
these objectives are met.
(7) The cooperative development, financing, and
implementation of a coordinated national program of research,
promotion, and information regarding agricultural commodities
are necessary to maintain and expand existing markets and to
develop new markets for these commodities.
(8) Agricultural commodities move in interstate and foreign
commerce, and agricultural commodities and their products
that do not move in such channels of commerce directly burden
or affect interstate commerce in agricultural commodities and
their products.
(9) Commodity promotion programs have the ability to
provide significant conservation benefits to producers and
the public.
(b) Purpose.--The purpose of this subtitle is to authorize
the establishment, through the exercise by the Secretary of
Agriculture of the authority provided in this subtitle, of an
orderly program for developing, financing, and carrying out
an effective, continuous, and coordinated program of generic
promotion, research, and information regarding agricultural
commodities designed to--
(1) strengthen the position of agricultural commodity
industries in the marketplace;
(2) maintain and expand existing domestic and foreign
markets and uses for agricultural commodities;
(3) develop new markets and uses for agricultural
commodities; or
(4) assist producers in meeting their conservation
objectives.
(c) Rule of Construction.--Nothing in this subtitle
provides for the control of production or otherwise limits
the right of any person to produce, handle, or import an
agricultural commodity.
SEC. 513. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Agricultural commodity.--The term ``agricultural
commodity'' means--
(A) agricultural, horticultural, viticultural, and dairy
products;
(B) livestock and the products of livestock;
(C) the products of poultry and bee raising;
(D) the products of forestry;
(E) other commodities raised or produced on farms, as
determined appropriate by the Secretary; and
(F) products processed or manufactured from products
specified in the preceding subparagraphs, as determined
appropriate by the Secretary.
(2) Board.--The term ``board'' means a board established
under an order issued under section 514.
(3) Conflict of interest.--The term ``conflict of
interest'' means a situation in which a member or employee of
a board has a direct or indirect financial interest in a
person that performs a service for, or enters into a contract
with, a board for anything of economic value.
(4) Department.--The term ``Department'' means the
Department of Agriculture.
(5) First handler.--The term ``first handler'' means the
first person who buys or takes possession of an agricultural
commodity from a producer for marketing. If a producer
markets the agricultural commodity directly to consumers, the
producer shall be considered to be the first handler with
respect to the agricultural commodity produced by the
producer.
(6) Importer.--The term ``importer'' means any person who
imports an agricultural commodity from outside the United
States for sale in the United States as a principal or as an
agent, broker, or consignee of any person.
(7) Information.--The term ``information'' means
information and programs that are designed to increase--
(A) efficiency in processing; and
(B) the development of new markets, marketing strategies,
increased marketing efficiency, and activities to enhance the
image of agricultural commodities on a national or
international basis.
(8) Market.--The term ``market'' means to sell or to
otherwise dispose of an agricultural commodity in interstate,
foreign, or intrastate commerce.
(9) Order.--The term ``order'' means an order issued by the
Secretary under section 514 that provides for a program of
generic promotion, research, and information regarding
agricultural commodities designed to--
(A) strengthen the position of agricultural commodity
industries in the marketplace;
(B) maintain and expand existing domestic and foreign
markets and uses for agricultural commodities;
(C) develop new markets and uses for agricultural
commodities; or
(D) assist producers in meeting their conservation
objectives.
(10) Person.--The term ``person'' means any individual,
group of individuals, partnership, corporation, association,
cooperative, or any other legal entity.
(11) Producer.--The term ``producer'' means any person who
is engaged in the production and sale of an agricultural
commodity in the United States and who owns, or shares the
ownership and risk of loss of, the agricultural commodity.
(12) Promotion.--The term ``promotion'' means any action
taken by a board under an order, including paid advertising,
to present a favorable image of an agricultural commodity to
the public to improve the competitive position of the
agricultural commodity in the marketplace and to stimulate
sales of the agricultural commodity.
(13) Research.--The term ``research'' means any type of
test, study, or analysis designed to advance the image,
desirability, use, marketability, production, product
development, or quality of an agricultural commodity.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means any of the States,
the District of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States.
(16) Suspend.--The term ``suspend'' means to issue a rule
under section 553 of title 5, United States Code, to
temporarily prevent the operation of an order during a
particular period of time specified in the rule.
(17) Terminate.--The term ``terminate'' means to issue a
rule under section 553 of title 5, United States Code, to
cancel permanently the operation of an order beginning on a
date certain specified in the rule.
(18) United states.--The term ``United States'' means
collectively the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico and the territories and
possessions of the United States.
SEC. 514. ISSUANCE OF ORDERS.
(a) Issuance Authorized.--
(1) In general.--To effectuate the purpose of this
subtitle, the Secretary may issue, and amend from time to
time, orders applicable to--
(A) the producers of an agricultural commodity;
(B) the first handlers of the agricultural commodity and
other persons in the marketing chain as appropriate; and
(C) the importers of the agricultural commodity, if imports
of the agricultural commodity are subject to assessment under
section 516(f).
(2) National scope.--Each order issued under this section
shall be national in scope.
(b) Procedure for Issuance.--
(1) Development or receipt of proposed order.--A proposed
order with respect to an agricultural commodity may be--
(A) prepared by the Secretary at any time; or
(B) submitted to the Secretary by--
[[Page 698]]
(i) an association of producers of the agricultural
commodity; or
(ii) any other person that may be affected by the issuance
of an order with respect to the agricultural commodity.
(2) Consideration of proposed order.--If the Secretary
determines that a proposed order is consistent with and will
effectuate the purpose of this subtitle, the Secretary shall
publish the proposed order in the Federal Register and give
due notice and opportunity for public comment on the proposed
order.
(3) Existence of other orders.--In deciding whether a
proposal for an order is consistent with and will effectuate
the purpose of this subtitle, the Secretary may consider the
existence of other Federal promotion, research, and
information programs or orders issued or developed pursuant
to any other law.
(4) Preparation of final order.--After notice and
opportunity for public comment under paragraph (2) regarding
a proposed order, the Secretary shall take into consideration
the comments received in preparing a final order. The
Secretary shall ensure that the final order is in conformity
with the terms, conditions, and requirements of this
subtitle.
(c) Issuance and Effective Date.--If the Secretary
determines that the final order developed with respect to an
agricultural commodity is consistent with and will effectuate
the purpose of this subtitle, the Secretary shall issue the
final order. Except in the case of an order for which an
initial referendum is conducted under section 518(a), the
final order shall be issued and become effective not later
than 270 days after the date of publication of the proposed
order that was the basis for the final order.
(d) Amendments.--From time to time the Secretary may amend
any order, consistent with the requirements of section 523.
SEC. 515. REQUIRED TERMS IN ORDERS.
(a) In General.--Each order shall contain the terms and
conditions specified in this section.
(b) Board.--
(1) Establishment.--Each order shall establish a board to
carry out a program of generic promotion, research, and
information regarding the agricultural commodity covered by
the order and intended to effectuate the purpose of this
subtitle.
(2) Board membership.--
(A) Number of members.--Each board shall consist of the
number of members considered by the Secretary, in
consultation with the agricultural commodity industry
involved, to be appropriate to administer the order. In
addition to members, the Secretary may also provide for
alternates on the board.
(B) Appointment.--The Secretary shall appoint the members
and any alternates of a board from among producers of the
agricultural commodity and first handlers and others in the
marketing chain as appropriate. If imports of the
agricultural commodity covered by an order are subject to
assessment under section 516(f), the Secretary shall also
appoint importers as members of the board and as alternates
if alternates are included on the board. The Secretary may
appoint 1 or more members of the general public to each
board.
(C) Nominations.--The Secretary may make appointments from
nominations made pursuant to the method set forth in the
order.
(D) Geographical representation.--To ensure fair and
equitable representation of the agricultural commodity
industry covered by an order, the composition of each board
shall reflect the geographical distribution of the production
of the agricultural commodity involved in the United States
and the quantity or value of the agricultural commodity
imported into the United States.
(3) Reapportionment of board membership.--In accordance
with rules issued by the Secretary, at least once in each 5-
year period, but not more frequently than once in each 3-year
period, each board shall--
(A) review the geographical distribution in the United
States of the production of the agricultural commodity
covered by the order involved and the quantity or value of
the agricultural commodity imported into the United States;
and
(B) if warranted, recommend to the Secretary the
reapportionment of the board membership to reflect changes in
the geographical distribution of the production of the
agricultural commodity and the quantity or value of the
imported agricultural commodity.
(4) Notice.--
(A) Vacancies.--Each order shall provide for notice of
board vacancies to the agricultural commodity industry
involved.
(B) Meetings.--Each board shall provide the Secretary with
prior notice of meetings of the board to permit the
Secretary, or a designated representative of the Secretary,
to attend the meetings.
(5) Term of office.--
(A) In general.--The members and any alternates of a board
shall each serve for a term of 3 years, except that the
members and any alternates initially appointed to a board
shall serve for terms of not more than 2, 3, and 4 years, as
specified by the order.
(B) Limitation on consecutive terms.--A member or alternate
may serve not more than 2 consecutive terms.
(C) Continuation of term.--Notwithstanding subparagraph
(B), each member or alternate shall continue to serve until a
successor is appointed by the Secretary.
(D) Vacancies.--A vacancy arising before the expiration of
a term of office of an incumbent member or alternate of a
board shall be filled in a manner provided for in the order.
(6) Compensation.--
(A) In general.--Members and any alternates of a board
shall serve without compensation.
(B) Travel expenses.--If approved by a board, members or
alternates shall be reimbursed for reasonable travel
expenses, which may include a per diem allowance or actual
subsistence incurred while away from their homes or regular
places of business in the performance of services for the
board.
(c) Powers and Duties of a Board.--Each order shall specify
the powers and duties of the board established under the
order, which shall include the power and duty--
(1) to administer the order in accordance with its terms
and conditions and to collect assessments;
(2) to develop and recommend to the Secretary for approval
such bylaws as may be necessary for the functioning of the
board and such rules as may be necessary to administer the
order, including activities authorized to be carried out
under the order;
(3) to meet, organize, and select from among the members of
the board a chairperson, other officers, and committees and
subcommittees, as the board determines to be appropriate;
(4) to employ persons, other than the members, as the board
considers necessary to assist the board in carrying out its
duties, and to determine the compensation and specify the
duties of the persons;
(5) subject to subsection (e), to develop and carry out
generic promotion, research, and information activities
relating to the agricultural commodity covered by the order;
(6) to prepare and submit for the approval of the
Secretary, before the beginning of each fiscal year, rates of
assessment under section 517 and an annual budget of the
anticipated expenses to be incurred in the administration of
the order, including the probable cost of each promotion,
research, and information activity proposed to be developed
or carried out by the board;
(7) to borrow funds necessary for the startup expenses of
the order;
(8) subject to subsection (f), to enter into contracts or
agreements to develop and carry out generic promotion,
research, and information activities relating to the
agricultural commodity covered by the order;
(9) to pay the cost of the activities with assessments
collected under section 517, earnings from invested
assessments, and other funds;
(10) to keep records that accurately reflect the actions
and transactions of the board, to keep and report minutes of
each meeting of the board to the Secretary, and to furnish
the Secretary with any information or records the Secretary
requests;
(11) to receive, investigate, and report to the Secretary
complaints of violations of the order; and
(12) to recommend to the Secretary such amendments to the
order as the board considers appropriate.
(d) Prohibited Activities.--A board may not engage in, and
shall prohibit the employees and agents of the board from
engaging in--
(1) any action that would be a conflict of interest;
(2) using funds collected by the board under the order, any
action undertaken for the purpose of influencing any
legislation or governmental action or policy other than
recommending to the Secretary amendments to the order; and
(3) any advertising, including promotion, research, and
information activities authorized to be carried out under the
order, that may be false or misleading or disparaging to
another agricultural commodity.
(e) Activities and Budgets.--
(1) Activities.--Each order shall require the board
established under the order to submit to the Secretary for
approval plans and projects for promotion, research, or
information relating to the agricultural commodity covered by
the order.
(2) Budgets.--
(A) Submission to secretary.--Each order shall require the
board established under the order to submit to the Secretary
for approval a budget of its anticipated annual expenses and
disbursements to be paid to administer the order. The budget
shall be submitted before the beginning of a fiscal year and
as frequently as may be necessary after the beginning of the
fiscal year.
(B) Reimbursement of secretary.--Each order shall require
that the Secretary be reimbursed for all expenses incurred by
the Secretary in the implementation, administration, and
supervision of the order, including all referenda costs
incurred in connection with the order.
(3) Incurring expenses.--A board may incur the expenses
described in paragraph (2) and other expenses for the
administration, maintenance, and functioning of the board as
authorized by the Secretary.
(4) Payment of expenses.--Expenses incurred under paragraph
(3) shall be paid by a board using assessments collected
under section 517, earnings obtained from assessments, and
other income of the board. Any funds borrowed by the board
shall be expended only for startup costs and capital outlays.
(5) Limitation on spending.--For fiscal years beginning 3
or more years after the date of the establishment of a board,
the board may not expend for administration (except for
reimbursements to the Secretary required under paragraph
(2)(B)), mainte
[[Page 699]]
nance, and functioning of the board in a fiscal year an
amount that exceeds 15 percent of the assessment and other
income received by the board for the fiscal year.
(f) Contracts and Agreements.--
(1) In general.--Each order shall provide that, with the
approval of the Secretary, the board established under the
order may--
(A) enter into contracts and agreements to carry out
generic promotion, research, and information activities
relating to the agricultural commodity covered by the order,
including contracts and agreements with producer associations
or other entities as considered appropriate by the Secretary;
and
(B) pay the cost of approved generic promotion, research,
and information activities using assessments collected under
section 517, earnings obtained from assessments, and other
income of the board.
(2) Requirements.--Each contract or agreement shall provide
that any person who enters into the contract or agreement
with the board shall--
(A) develop and submit to the board a proposed activity
together with a budget that specifies the cost to be incurred
to carry out the activity;
(B) keep accurate records of all of its transactions
relating to the contract or agreement;
(C) account for funds received and expended in connection
with the contract or agreement;
(D) make periodic reports to the board of activities
conducted under the contract or agreement; and
(E) make such other reports as the board or the Secretary
considers relevant.
(g) Records of Board.--
(1) In general.--Each order shall require the board
established under the order--
(A) to maintain such records as the Secretary may require
and to make the records available to the Secretary for
inspection and audit;
(B) to collect and submit to the Secretary, at any time the
Secretary may specify, any information the Secretary may
request; and
(C) to account for the receipt and disbursement of all
funds in the possession, or under the control, of the board.
(2) Audits.--Each order shall require the board established
under the order to have--
(A) its records audited by an independent auditor at the
end of each fiscal year; and
(B) a report of the audit submitted directly to the
Secretary.
(h) Periodic Evaluation.--In accordance with section
501(c), each order shall require the board established under
the order to provide for the independent evaluation of all
generic promotion, research, and information activities
undertaken under the order.
(i) Books and Records of Persons Covered by Order.--
(1) In general.--Each order shall require that producers,
first handlers and other persons in the marketing chain as
appropriate, and importers covered by the order shall--
(A) maintain records sufficient to ensure compliance with
the order and regulations;
(B) submit to the board established under the order any
information required by the board to carry out its
responsibilities under the order; and
(C) make the records described in subparagraph (A)
available, during normal business hours, for inspection by
employees or agents of the board or the Department, including
any records necessary to verify information required under
subparagraph (B).
(2) Time requirement.--Any record required to be maintained
under paragraph (1) shall be maintained for such time period
as the Secretary may prescribe.
(3) Other information.--The Secretary may use, and may
authorize the board to use under this subtitle, information
regarding persons subject to an order that is collected by
the Department under any other law.
(4) Confidentiality of information.--
(A) In general.--Except as otherwise provided in this
subtitle, all information obtained under paragraph (1) or as
part of a referendum under section 518 shall be kept
confidential by all officers, employees, and agents of the
Department and of the board.
(B) Disclosure.--Information referred to in subparagraph
(A) may be disclosed only if--
(i) the Secretary considers the information relevant; and
(ii) the information is revealed in a judicial proceeding
or administrative hearing brought at the direction or on the
request of the Secretary or to which the Secretary or any
officer of the Department is a party.
(C) Other exceptions.--This paragraph shall not prohibit--
(i) the issuance of general statements based on reports or
on information relating to a number of persons subject to an
order if the statements do not identify the information
furnished by any person; or
(ii) the publication, by direction of the Secretary, of the
name of any person violating any order and a statement of the
particular provisions of the order violated by the person.
(D) Penalty.--Any person who willfully violates this
subsection shall be subject, on conviction, to a fine of not
more than $1,000 or to imprisonment for not more than 1 year,
or both.
(5) Withholding information.--This subsection shall not
authorize the withholding of information from Congress.
SEC. 516. PERMISSIVE TERMS IN ORDERS.
(a) Exemptions.--An order issued under this subtitle may
contain--
(1) authority for the Secretary to exempt from the order
any de minimis quantity of an agricultural commodity
otherwise covered by the order; and
(2) authority for the board established under the order to
require satisfactory safeguards against improper use of the
exemption.
(b) Different Payment and Reporting Schedules.--An order
issued under this subtitle may contain authority for the
board established under the order to designate different
payment and reporting schedules to recognize differences in
agricultural commodity industry marketing practices and
procedures used in different production and importing areas.
(c) Activities.--An order issued under this subtitle may
contain authority to develop and carry out research,
promotion, and information activities designed to expand,
improve, or make more efficient the marketing or use of the
agricultural commodity covered by the order in domestic and
foreign markets. Section 515(e) shall apply with respect to
activities authorized under this subsection.
(d) Reserve Funds.--An order issued under this subtitle may
contain authority to reserve funds from assessments collected
under section 517 to permit an effective and continuous
coordinated program of research, promotion, and information
in years when the yield from assessments may be reduced,
except that the amount of funds reserved may not exceed the
greatest aggregate amount of the anticipated disbursements
specified in budgets approved under section 515(e) by the
Secretary for any 2 fiscal years.
(e) Credits.--
(1) Generic activities.--An order issued under this
subtitle may contain authority to provide credits of
assessments for those individuals who contribute to other
similar generic research, promotion, and information programs
at the State, regional, or local level.
(2) Branded activities.--
(A) In general.--The Secretary may permit a farmer
cooperative that engages in branded activities relating to
the marketing of the products of members of the cooperative
to receive an annual credit for the activities and related
expenditures in the form of a deduction of the total cost of
the activities and related expenditures from the amount of
any assessment that would otherwise be required to be paid by
the producer members of the cooperative under an order issued
under this subtitle.
(B) Election by cooperative.--A farmer cooperative may
elect to voluntarily waive the application of subparagraph
(A) to the cooperative.
(f) Assessment of Imports.--An order issued under this
subtitle may contain authority for the board established
under the order to assess under section 517 an imported
agricultural commodity, or products of such an agricultural
commodity, at a rate comparable to the rate determined by the
appropriate board for the domestic agricultural commodity
covered by the order.
(g) Other Authority.--An order issued under this subtitle
may contain authority to take any other action that--
(1) is not inconsistent with the purpose of this subtitle,
any term or condition specified in section 515, or any rule
issued to carry out this subtitle; and
(2) is necessary to administer the order.
SEC. 517. ASSESSMENTS.
(a) Assessments Authorized.--While an order issued under
this subtitle is in effect with respect to an agricultural
commodity, assessments shall be--
(1) paid by first handlers with respect to the agricultural
commodity produced and marketed in the United States; and
(2) paid by importers with respect to the agricultural
commodity imported into the United States, if the imported
agricultural commodity is covered by the order pursuant to
section 516(f).
(b) Collection.--Assessments required under an order shall
be remitted to the board established under the order at the
time and in the manner prescribed by the order.
(c) Limitation on Assessments.--Not more than 1 assessment
may be levied on a first handler or importer under subsection
(a) with respect to any agricultural commodity.
(d) Assessment Rates.--The board shall recommend to the
Secretary 1 or more rates of assessment to be levied under
subsection (a). If approved by the Secretary, the rates shall
take effect. An order may provide that an assessment rate may
not be increased unless approved by a referendum conducted
pursuant to section 518.
(e) Late-Payment and Interest Charges.--
(1) In general.--Late-payment and interest charges may be
levied on each person subject to an order who fails to remit
an assessment in accordance with subsection (b).
(2) Rate.--The rate for the charges shall be specified by
the Secretary.
(f) Investment of Assessments.--Pending disbursement of
assessments under a budget approved by the Secretary, a board
may invest assessments collected under this section in--
(1) obligations of the United States or any agency of the
United States;
(2) general obligations of any State or any political
subdivision of a State;
(3) interest-bearing accounts or certificates of deposit of
financial institutions that are members of the Federal
Reserve System; or
(4) obligations fully guaranteed as to principal and
interest by the United States.
(g) Refund of Assessments From Escrow Account.--
[[Page 700]]
(1) Escrow account.--During the period beginning on the
effective date of an order and ending on the date the
Secretary announces the results of a referendum that is
conducted under section 518(b)(1) with respect to the order,
the board established under the order shall--
(A) establish and maintain an escrow account of the kind
described in subsection (f)(3) to be used to refund
assessments; and
(B) deposit funds in the account in accordance with
paragraph (2).
(2) Amount to be deposited.--The board shall deposit in the
account an amount equal to 10 percent of the assessments
collected during the period referred to in paragraph (1).
(3) Right to receive refund.--Subject to paragraphs (4),
(5), and (6), persons subject to an order shall be eligible
to demand a refund of assessments collected during the period
referred to in paragraph (1) if--
(A) the assessments were remitted on behalf of the person;
and
(B) the order is not approved in the referendum.
(4) Form of demand.--The demand for a refund shall be made
at such time and in such form as specified by the order.
(5) Payment of refund.--A person entitled to a refund shall
be paid promptly after the board receives satisfactory proof
that the assessment for which the refund is demanded was paid
on behalf of the person who makes the demand.
(6) Proration.--If the funds in the escrow account required
by paragraph (1) are insufficient to pay the amount of all
refunds that persons subject to an order otherwise would have
a right to receive under this subsection, the board shall
prorate the amount of the funds among all the persons.
(7) Closing of escrow account.--If the order is approved in
a referendum conducted under section 518(b)(1)--
(A) the escrow account shall be closed; and
(B) the funds shall be available to the board for
disbursement as authorized in the order.
SEC. 518. REFERENDA.
(a) Initial Referendum.--
(1) Optional referendum.--For the purpose of ascertaining
whether the persons to be covered by an order favor the order
going into effect, the order may provide for the Secretary to
conduct an initial referendum among persons to be subject to
an assessment under section 517 who, during a representative
period determined by the Secretary, engaged in--
(A) the production or handling of the agricultural
commodity covered by the order; or
(B) the importation of the agricultural commodity.
(2) Procedure.--The results of the referendum shall be
determined in accordance with subsection (e). The Secretary
may require that the agricultural commodity industry involved
post a bond or other collateral to cover the cost of the
referendum.
(b) Required Referenda.--
(1) In general.--For the purpose of ascertaining whether
the persons covered by an order favor the continuation,
suspension, or termination of the order, the Secretary shall
conduct a referendum among persons subject to assessments
under section 517 who, during a representative period
determined by the Secretary, have engaged in--
(A) the production or handling of the agricultural
commodity covered by the order; or
(B) the importation of the agricultural commodity.
(2) Time for referendum.--The referendum shall be conducted
not later than 3 years after assessments first begin under
the order.
(3) Exception.--This subsection shall not apply if an
initial referendum was conducted under subsection (a).
(c) Subsequent Referenda.--The Secretary shall conduct a
subsequent referendum--
(1) not later than 7 years after assessments first begin
under the order;
(2) at the request of the board established under the
order; or
(3) at the request of 10 percent or more of the number of
persons eligible to vote under subsection (b)(1);
to determine if the persons favor the continuation,
suspension or termination of the order.
(d) Other Referenda.--The Secretary may conduct a
referendum at any time to determine whether the continuation,
suspension, or termination of the order or a provision of the
order is favored by persons eligible to vote under subsection
(b)(1).
(e) Approval of Order.--An order may provide for its
approval in a referendum--
(1) by a majority of those persons voting;
(2) by persons voting for approval who represent a majority
of the volume of the agricultural commodity; or
(3) by a majority of those persons voting for approval who
also represent a majority of the volume of the agricultural
commodity.
(f) Costs of Referenda.--The board established under an
order with respect to which a referendum is conducted under
this section shall reimburse the Secretary for any expenses
incurred by the Secretary to conduct the referendum.
(g) Manner of Conducting Referenda.--
(1) In general.--A referendum conducted under this section
shall be conducted in the manner determined by the Secretary
to be appropriate.
(2) Advance registration.--If the Secretary determines that
an advance registration of eligible voters in a referendum is
necessary before the voting period in order to facilitate the
conduct of the referendum, the Secretary may institute the
advance registration procedures by mail, or in person through
the use of national and local offices of the Department.
(3) Voting.--Eligible voters may vote by mail ballot in the
referendum or in person if so prescribed by the Secretary.
(4) Notice.--Not later than 30 days before a referendum is
conducted under this section with respect to an order, the
Secretary shall notify the agricultural commodity industry
involved, in such manner as determined by the Secretary, of
the period during which voting in the referendum will occur.
The notice shall explain any registration and voting
procedures established under this subsection.
SEC. 519. PETITION AND REVIEW OF ORDERS.
(a) Petition.--
(1) In general.--A person subject to an order issued under
this subtitle may file with the Secretary a petition--
(A) stating that the order, any provision of the order, or
any obligation imposed in connection with the order, is not
established in accordance with law; and
(B) requesting a modification of the order or an exemption
from the order.
(2) Hearing.--The Secretary shall give the petitioner an
opportunity for a hearing on the petition, in accordance with
regulations issued by the Secretary.
(3) Ruling.--After the hearing, the Secretary shall make a
ruling on the petition. The ruling shall be final, subject to
review as set forth in subsection (b).
(4) Limitation on petition.--Any petition filed under this
subsection challenging an order, any provision of the order,
or any obligation imposed in connection with the order, shall
be filed within 2 years after the effective date of the
order, provision, or obligation subject to challenge in the
petition.
(b) Review.--
(1) Commencement of action.--The district court of the
United States for any district in which a person who is a
petitioner under subsection (a) resides or carries on
business shall have jurisdiction to review the final ruling
on the petition of the person, if a complaint for that
purpose is filed not later than 20 days after the date of the
entry of the final ruling by the Secretary under subsection
(a)(3).
(2) Process.--Service of process in a proceeding may be
made on the Secretary by delivering a copy of the complaint
to the Secretary.
(3) Remands.--If the court determines that the ruling is
not in accordance with law, the court shall remand the matter
to the Secretary with directions--
(A) to make such ruling as the court determines to be in
accordance with law; or
(B) to take such further action as, in the opinion of the
court, the law requires.
(c) Effect on Enforcement Proceedings.--The pendency of a
petition filed under subsection (a) or an action commenced
under subsection (b) shall not operate as a stay of any
action authorized by section 520 to be taken to enforce this
subtitle, including any rule, order, or penalty in effect
under this subtitle.
SEC. 520. ENFORCEMENT.
(a) Jurisdiction.--The district courts of the United States
shall have jurisdiction specifically to enforce, and to
prevent and restrain a person from violating, an order or
regulation issued under this subtitle.
(b) Referral to Attorney General.--A civil action
authorized to be brought under this section shall be referred
to the Attorney General for appropriate action, except that
the Secretary shall not be required to refer to the Attorney
General a violation of this subtitle if the Secretary
believes that the administration and enforcement of this
subtitle would be adequately served by providing a suitable
written notice or warning to the person who committed the
violation or by an administrative action under this section.
(c) Civil Penalties and Orders.--
(1) Civil penalties.--A person who willfully violates an
order or regulation issued by the Secretary under this Act
may be assessed by the Secretary a civil penalty of not less
than $1,000 and not more than $10,000 for each violation.
(2) Separate offense.--Each violation and each day during
which there is a failure to comply with an order or
regulation issued by the Secretary shall be considered to be
a separate offense.
(3) Cease-and-desist orders.--In addition to, or in lieu
of, a civil penalty, the Secretary may issue an order
requiring a person to cease and desist from violating the
order or regulation.
(4) Notice and hearing.--No order assessing a penalty or
cease-and-desist order may be issued by the Secretary under
this subsection unless the Secretary provides notice and an
opportunity for a hearing on the record with respect to the
violation.
(5) Finality.--An order assessing a penalty or a cease-and-
desist order issued under this subsection by the Secretary
shall be final and conclusive unless the person against whom
the order is issued files an appeal from the order with the
United States court of appeals, as provided in subsection
(d).
(d) Review by Court of Appeals.--
(1) In general.--A person against whom an order is issued
under subsection (c) may obtain review of the order by--
(A) filing, not later than 30 days after the person
receives notice of the order, a notice of appeal in--
[[Page 701]]
(i) the United States court of appeals for the circuit in
which the person resides or carries on business; or
(ii) the United States Court of Appeals for the District of
Columbia Circuit; and
(B) simultaneously sending a copy of the notice of appeal
by certified mail to the Secretary.
(2) Record.--The Secretary shall file with the court a
certified copy of the record on which the Secretary has
determined that the person has committed a violation.
(3) Standard of review.--A finding of the Secretary under
this section shall be set aside only if the finding is found
to be unsupported by substantial evidence on the record.
(e) Failure To Obey Cease-and-Desist Orders.--A person who
fails to obey a valid cease-and-desist order issued by the
Secretary under this section, after an opportunity for a
hearing, shall be subject to a civil penalty assessed by the
Secretary of not less than $1,000 and not more than $10,000
for each offense. Each day during which the failure continues
shall be considered to be a separate violation of the cease-
and-desist order.
(f) Failure To Pay Penalties.--If a person fails to pay a
civil penalty imposed under this section by the Secretary,
the Secretary shall refer the matter to the Attorney General
for recovery of the amount assessed in the district court of
the United States for any district in which the person
resides or carries on business. In the action, the validity
and appropriateness of the order imposing the civil penalty
shall not be subject to review.
(g) Additional Remedies.--The remedies provided in this
section shall be in addition to, and not exclusive of, other
remedies that may be available.
SEC. 521. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) Investigations.--The Secretary may make such
investigations as the Secretary considers necessary--
(1) for the effective administration of this subtitle; or
(2) to determine whether any person subject to this
subtitle has engaged, or is about engage, in any action that
constitutes or will constitute a violation of this subtitle
or any order or regulation issued under this subtitle.
(b) Subpoenas, Oaths, and Affirmations.--For the purpose of
any investigation under subsection (a), the Secretary may
administer oaths and affirmations, subpoena witnesses, compel
the attendance of witnesses, take evidence, and require the
production of any records or documents that are relevant to
the inquiry. The attendance of witnesses and the production
of records or documents may be required from any place in the
United States.
(c) Aid of Courts.--In the case of contumacy by, or refusal
to obey a subpoena issued to, any person, the Secretary may
invoke the aid of any court of the United States within the
jurisdiction of which the investigation or proceeding is
carried on, or where the person resides or carries on
business, in order to require the attendance and testimony of
the person or the production of records or documents. The
court may issue an order requiring the person to appear
before the Secretary to produce records or documents or to
give testimony regarding the matter under investigation.
(d) Contempt.--Any failure to obey the order of the court
may be punished by the court as a contempt of the court.
(e) Process.--Process in any case under this section may be
served in the judicial district in which the person resides
or carries on business or wherever the person may be found.
SEC. 522. SUSPENSION OR TERMINATION.
(a) Mandatory Suspension or Termination.--The Secretary
shall suspend or terminate an order or a provision of an
order if the Secretary finds that an order or a provision of
an order obstructs or does not tend to effectuate the purpose
of this subtitle, or if the Secretary determines that the
order or a provision of an order is not favored by persons
voting in a referendum conducted under section 518.
(b) Implementation of Suspension or Termination.--If, as a
result of a referendum conducted under section 518, the
Secretary determines that an order is not approved, the
Secretary shall--
(1) not later than 180 days after making the determination,
suspend or terminate, as the case may be, collection of
assessments under the order; and
(2) as soon as practicable, suspend or terminate, as the
case may be, activities under the order in an orderly manner.
SEC. 523. AMENDMENTS TO ORDERS.
The provisions of this subtitle applicable to an order
shall be applicable to any amendment to an order, except that
section 518 shall not apply to an amendment.
SEC. 524. EFFECT ON OTHER LAWS.
This subtitle shall not affect or preempt any other Federal
or State law authorizing promotion or research relating to an
agricultural commodity.
SEC. 525. REGULATIONS.
The Secretary may issue such regulations as may be
necessary to carry out this subtitle and the power vested in
the Secretary under this subtitle.
SEC. 526. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
such sums as may be necessary to carry out this subtitle.
(b) Limitation on Expenditures for Administrative
Expenses.--Funds appropriated to carry out this subtitle may
not be expended for the payment of expenses incurred by a
board to administer an order.
Subtitle C--Canola and Rapeseed
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``Canola and Rapeseed
Research, Promotion, and Consumer Information Act''.
SEC. 532. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds that--
(1) canola and rapeseed products are an important and
nutritious part of the human diet;
(2) the production of canola and rapeseed products plays a
significant role in the economy of the United States in
that--
(A) canola and rapeseed products are produced by thousands
of canola and rapeseed producers and processed by numerous
processing entities; and
(B) canola and rapeseed products produced in the United
States are consumed by people throughout the United States
and foreign countries;
(3) canola, rapeseed, and canola and rapeseed products
should be readily available and marketed efficiently to
ensure that consumers have an adequate supply of canola and
rapeseed products at a reasonable price;
(4) the maintenance and expansion of existing markets and
development of new markets for canola, rapeseed, and canola
and rapeseed products are vital to the welfare of canola and
rapeseed producers and processors and those persons concerned
with marketing canola, rapeseed, and canola and rapeseed
products, as well as to the general economy of the United
States, and are necessary to ensure the ready availability
and efficient marketing of canola, rapeseed, and canola and
rapeseed products;
(5) there exist established State and national
organizations conducting canola and rapeseed research,
promotion, and consumer education programs that are valuable
to the efforts of promoting the consumption of canola,
rapeseed, and canola and rapeseed products;
(6) the cooperative development, financing, and
implementation of a coordinated national program of canola
and rapeseed research, promotion, consumer information, and
industry information is necessary to maintain and expand
existing markets and develop new markets for canola,
rapeseed, and canola and rapeseed products; and
(7) canola, rapeseed, and canola and rapeseed products move
in interstate and foreign commerce, and canola, rapeseed, and
canola and rapeseed products that do not move in interstate
or foreign commerce directly burden or affect interstate
commerce in canola, rapeseed, and canola and rapeseed
products.
(b) Policy.--It is the policy of this subtitle to establish
an orderly procedure for developing, financing through
assessments on domestically produced canola and rapeseed, and
implementing a program of research, promotion, consumer
information, and industry information designed to strengthen
the position in the marketplace of the canola and rapeseed
industry, to maintain and expand existing domestic and
foreign markets and uses for canola, rapeseed, and canola and
rapeseed products, and to develop new markets and uses for
canola, rapeseed, and canola and rapeseed products.
(c) Construction.--Nothing in this subtitle provides for
the control of production or otherwise limits the right of
individual producers to produce canola, rapeseed, or canola
or rapeseed products.
SEC. 533. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the National Canola
and Rapeseed Board established under section 535(b).
(2) Canola; rapeseed.--The terms ``canola'' and
``rapeseed'' mean any brassica plant grown in the United
States for the production of an oilseed, the oil of which is
used for a food or nonfood use.
(3) Canola or rapeseed product.--The term ``canola or
rapeseed product'' means a product produced, in whole or in
part, from canola or rapeseed.
(4) Commerce.--The term ``commerce'' includes interstate,
foreign, and intrastate commerce.
(5) Conflict of interest.--The term ``conflict of
interest'' means a situation in which a member of the Board
has a direct or indirect financial interest in a corporation,
partnership, sole proprietorship, joint venture, or other
business entity dealing directly or indirectly with the
Board.
(6) Consumer information.--The term ``consumer
information'' means information that will assist consumers
and other persons in making evaluations and decisions
regarding the purchase, preparation, and use of canola,
rapeseed, or canola or rapeseed products.
(7) Department.--The term ``Department'' means the
Department of Agriculture.
(8) First purchaser.--The term ``first purchaser'' means--
(A) except as provided in subparagraph (B), a person who
buys or otherwise acquires canola, rapeseed, or canola or
rapeseed products produced by a producer; or
(B) the Commodity Credit Corporation, in a case in which
canola or rapeseed is forfeited to the Commodity Credit
Corporation as collateral for a loan issued under a price
support loan program administered by the Commodity Credit
Corporation.
(9) Industry information.--The term ``industry
information'' means information or a
[[Page 702]]
program that will lead to the development of new markets, new
marketing strategies, or increased efficiency for the canola
and rapeseed industry, or an activity to enhance the image of
the canola or rapeseed industry.
(10) Industry member.--The term ``industry member'' means a
member of the canola and rapeseed industry who represents--
(A) manufacturers of canola or rapeseed products; or
(B) persons who commercially buy or sell canola or
rapeseed.
(11) Marketing.--The term ``marketing'' means the sale or
other disposition of canola, rapeseed, or canola or rapeseed
products in a channel of commerce.
(12) Order.--The term ``order'' means an order issued under
section 534.
(13) Person.--The term ``person'' means an individual,
partnership, corporation, association, cooperative, or any
other legal entity.
(14) Producer.--The term ``producer'' means a person
engaged in the growing of canola or rapeseed in the United
States who owns, or who shares the ownership and risk of loss
of, the canola or rapeseed.
(15) Promotion.--The term ``promotion'' means an action,
including paid advertising, technical assistance, or a trade
servicing activity, to enhance the image or desirability of
canola, rapeseed, or canola or rapeseed products in domestic
and foreign markets, or an activity designed to communicate
to consumers, processors, wholesalers, retailers, government
officials, or other persons information relating to the
positive attributes of canola, rapeseed, or canola or
rapeseed products or the benefits of use or distribution of
canola, rapeseed, or canola or rapeseed products.
(16) Research.--The term ``research'' means any type of
test, study, or analysis to advance the image, desirability,
marketability, production, product development, quality, or
functional or nutritional value of canola, rapeseed, or
canola or rapeseed products, including research activity
designed to identify and analyze barriers to export sales of
canola or rapeseed produced in the United States.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(18) State.--The term ``State'' means any of the 50
States, the District of Columbia and the Commonwealth of
Puerto Rico.
(19) United states.--The term ``United States'' means
collectively the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
SEC. 534. ISSUANCE AND AMENDMENT OF ORDERS.
(a) In General.--Subject to subsection (b), the Secretary
shall issue 1 or more orders under this subtitle applicable
to producers and first purchasers of canola, rapeseed, or
canola or rapeseed products. The order shall be national in
scope. Not more than 1 order shall be in effect under this
subtitle at any 1 time.
(b) Procedure.--
(1) Proposal or request for issuance.--The Secretary may
propose the issuance of an order under this subtitle, or an
association of canola and rapeseed producers or any other
person that would be affected by an order issued pursuant to
this subtitle may request the issuance of, and submit a
proposal for, an order.
(2) Notice and comment concerning proposed order.--Not
later than 60 days after the receipt of a request and
proposal for an order pursuant to paragraph (1), or whenever
the Secretary determines to propose an order, the Secretary
shall publish a proposed order and give due notice and
opportunity for public comment on the proposed order.
(3) Issuance of order.--After notice and opportunity for
public comment are given as provided in paragraph (2), the
Secretary shall issue an order, taking into consideration the
comments received and including in the order provisions
necessary to ensure that the order is in conformity with the
requirements of this subtitle. The order shall be issued and
become effective not later than 180 days following
publication of the proposed order.
(c) Amendments.--The Secretary may amend an order issued
under this section.
SEC. 535. REQUIRED TERMS IN ORDERS.
(a) In General.--An order issued under this subtitle shall
contain the terms and conditions specified in this section.
(b) Establishment and Membership of the National Canola and
Rapeseed Board.--
(1) In general.--The order shall provide for the
establishment of, and appointment of members to, a National
Canola and Rapeseed Board to administer the order.
(2) Service to entire industry.--The Board shall carry out
programs and projects that will provide maximum benefit to
the canola and rapeseed industry in all parts of the United
States and only promote canola, rapeseed, or canola or
rapeseed products.
(3) Board membership.--The Board shall consist of 15
members, including--
(A) 11 members who are producers, including--
(i) 1 member from each of the 6 geographic regions
comprised of States where canola or rapeseed is produced, as
determined by the Secretary; and
(ii) 5 members from the geographic regions referred to in
clause (i), allocated according to the production in each
region; and
(B) 4 members who are industry members, including at
least--
(i) 1 member who represents manufacturers of canola or
rapeseed end products; and
(ii) 1 member who represents persons who commercially buy
or sell canola or rapeseed.
(4) Limitation on state residence.--There shall be no more
than 4 producer members of the Board from any 1 State.
(5) Modifying board membership.--In accordance with
regulations approved by the Secretary, at least once each 3
years and not more than once each 2 years, the Board shall
review the geographic distribution of canola and rapeseed
production throughout the United States and, if warranted,
recommend to the Secretary that the Secretary--
(A) reapportion regions in order to reflect the geographic
distribution of canola and rapeseed production; and
(B) reapportion the seats on the Board to reflect the
production in each region.
(6) Certification of organizations.--
(A) In general.--For the purposes of section 536, the
eligibility of any State organization to represent producers
shall be certified by the Secretary.
(B) Criteria.--The Secretary shall certify any State
organization that the Secretary determines has a history of
stability and permanency and meets at least 1 of the
following criteria:
(i) Majority representation.--The total paid membership of
the organization--
(I) is comprised of at least a majority of canola or
rapeseed producers; or
(II) represents at least a majority of the canola or
rapeseed producers in the State.
(ii) Substantial number of producers represented.--The
organization represents a substantial number of producers
that produce a substantial quantity of canola or rapeseed in
the State.
(iii) Purpose.--The organization is a general farm or
agricultural organization that has as a stated objective the
promotion and development of the United States canola or
rapeseed industry and the economic welfare of United States
canola or rapeseed producers.
(C) Report.--The Secretary shall make a certification under
this paragraph on the basis of a factual report submitted by
the State organization.
(7) Terms of office.--
(A) In general.--A member of the Board shall serve for a
term of 3 years, except that the members appointed to the
initial Board shall serve, proportionately, for terms of 1,
2, and 3 years, as determined by the Secretary.
(B) Limitation on terms.--No individual may serve more than
2 consecutive 3-year terms as a member.
(C) Termination of terms.--Notwithstanding subparagraph
(B), each member shall continue to serve until a successor is
appointed by the Secretary.
(8) Compensation.--A member of the Board shall serve
without compensation, but shall be reimbursed for necessary
and reasonable expenses incurred in the performance of duties
for and approved by the Board.
(c) Powers and Duties of the Board.--The order shall define
the powers and duties of the Board, which shall include the
power and duty--
(1) to administer the order in accordance with the terms
and conditions of the order;
(2) to issue regulations to effectuate the terms and
conditions of the order;
(3) to meet, organize, and select from among members of the
Board a chairperson, other officers, and committees and
subcommittees, as the Board determines appropriate;
(4) to establish working committees of persons other than
Board members;
(5) to employ such persons, other than Board members, as
the Board considers necessary, and to determine the
compensation and define the duties of the persons;
(6) to prepare and submit for the approval of the
Secretary, when appropriate or necessary, a recommended rate
of assessment under section 536, and a fiscal period budget
of the anticipated expenses in the administration of the
order, including the probable costs of all programs and
projects;
(7) to develop programs and projects, subject to subsection
(d);
(8) to enter into contracts or agreements, subject to
subsection (e), to develop and carry out programs or projects
of research, promotion, industry information, and consumer
information;
(9) to carry out research, promotion, industry information,
and consumer information projects, and to pay the costs of
the projects with assessments collected under section 536;
(10) to keep minutes, books, and records that reflect the
actions and transactions of the Board, and promptly report
minutes of each Board meeting to the Secretary;
(11) to appoint and convene, from time to time, working
committees comprised of producers, industry members, and the
public to assist in the development of research, promotion,
industry information, and consumer information programs for
canola, rapeseed, and canola and rapeseed products;
(12) to invest, pending disbursement under a program or
project, funds collected through assessments authorized under
section 536, or funds earned from investments, only in--
(A) obligations of the United States or an agency of the
United States;
(B) general obligations of a State or a political
subdivision of a State;
(C) an interest-bearing account or certificate of deposit
of a bank that is a member of the Federal Reserve System; or
(D) obligations fully guaranteed as to principal and
interest by the United States;
(13) to receive, investigate, and report to the Secretary
complaints of violations of the order;
(14) to furnish the Secretary with such information as the
Secretary may request;
[[Page 703]]
(15) to recommend to the Secretary amendments to the order;
(16) to develop and recommend to the Secretary for approval
such regulations as may be necessary for the development and
execution of programs or projects, or as may otherwise be
necessary, to carry out the order; and
(17) to provide the Secretary with advance notice of
meetings.
(d) Programs and Budgets.--
(1) Submission to secretary.--The order shall provide that
the Board shall submit to the Secretary for approval any
program or project of research, promotion, consumer
information, or industry information. No program or project
shall be implemented prior to approval by the Secretary.
(2) Budgets.--The order shall require the Board, prior to
the beginning of each fiscal year, or as may be necessary
after the beginning of a fiscal year, to submit to the
Secretary for approval budgets of anticipated expenses and
disbursements in the implementation of the order, including
projected costs of research, promotion, consumer information,
and industry information programs and projects.
(3) Incurring expenses.--The Board may incur such expenses
for programs or projects of research, promotion, consumer
information, or industry information, and other expenses for
the administration, maintenance, and functioning of the Board
as may be authorized by the Secretary, including any
implementation, administrative, and referendum costs incurred
by the Department.
(4) Paying expenses.--The funds to cover the expenses
referred to in paragraph (3) shall be paid by the Board from
assessments collected under section 536 or funds borrowed
pursuant to paragraph (5).
(5) Authority to borrow.--To meet the expenses referred to
in paragraph (3), the Board shall have the authority to
borrow funds, as approved by the Secretary, for capital
outlays and startup costs.
(e) Contracts and Agreements.--
(1) In general.--To ensure efficient use of funds, the
order shall provide that the Board may enter into a contract
or agreement for the implementation and carrying out of a
program or project of canola, rapeseed, or canola or rapeseed
products research, promotion, consumer information, or
industry information, including a contract with a producer
organization, and for the payment of the costs with funds
received by the Board under the order.
(2) Requirements.--A contract or agreement under paragraph
(1) shall provide that--
(A) the contracting party shall develop and submit to the
Board a program or project together with a budget that shall
show the estimated costs to be incurred for the program or
project;
(B) the program or project shall become effective on the
approval of the Secretary; and
(C) the contracting party shall keep accurate records of
all transactions, account for funds received and expended,
make periodic reports to the Board of activities conducted,
and make such other reports as the Board or the Secretary may
require.
(3) Producer organizations.--The order shall provide that
the Board may contract with a producer organization for any
services required in addition to the services described in
paragraph (1). The contract shall include provisions
comparable to the provisions required by paragraph (2).
(f) Books and Records of the Board.--
(1) In general.--The order shall require the Board to--
(A) maintain such books and records (which shall be
available to the Secretary for inspection and audit) as the
Secretary may prescribe;
(B) prepare and submit to the Secretary, from time to time,
such reports as the Secretary may prescribe; and
(C) account for the receipt and disbursement of all funds
entrusted to the Board.
(2) Audits.--The Board shall cause the books and records of
the Board to be audited by an independent auditor at the end
of each fiscal year, and a report of the audit to be
submitted to the Secretary.
(g) Prohibition.--
(1) In general.--Subject to paragraph (2), the Board shall
not engage in any action to, nor shall any funds received by
the Board under this subtitle be used to--
(A) influence legislation or governmental action;
(B) engage in an action that would be a conflict of
interest;
(C) engage in advertising that is false or misleading; or
(D) engage in promotion that would disparage other
commodities.
(2) Action permitted.--Paragraph (1) does not preclude--
(A) the development and recommendation of amendments to the
order;
(B) the communication to appropriate government officials
of information relating to the conduct, implementation, or
results of promotion, research, consumer information, or
industry information activities under the order; or
(C) any action designed to market canola or rapeseed
products directly to a foreign government or political
subdivision of a foreign government.
(h) Books and Records.--
(1) In general.--The order shall require that each
producer, first purchaser, or industry member shall--
(A) maintain and submit to the Board any reports considered
necessary by the Secretary to ensure compliance with this
subtitle; and
(B) make available during normal business hours, for
inspection by employees of the Board or Secretary, such books
and records as are necessary to carry out this subtitle,
including such records as are necessary to verify any
required reports.
(2) Confidentiality.--
(A) In general.--Except as otherwise provided in this
subtitle, all information obtained from books, records, or
reports required to be maintained under paragraph (1) shall
be kept confidential, and shall not be disclosed to the
public by any person.
(B) Disclosure.--Information referred to in subparagraph
(A) may be disclosed to the public if--
(i) the Secretary considers the information relevant;
(ii) the information is revealed in a suit or
administrative hearing brought at the direction or on the
request of the Secretary or to which the Secretary or any
officer of the Department is a party; and
(iii) the information relates to this subtitle.
(C) Misconduct.--A knowing disclosure of confidential
information in violation of subparagraph (A) by an officer or
employee of the Board or Department, except as required by
other law or allowed under subparagraph (B) or (D), shall be
considered a violation of this subtitle.
(D) General statements.--Nothing in this paragraph
prohibits--
(i) the issuance of general statements based on the reports
of a number of persons subject to an order or statistical
data collected from the reports, if the statements do not
identify the information furnished by any person; or
(ii) the publication, by direction of the Secretary, of the
name of a person violating the order, together with a
statement of the particular provisions of the order violated
by the person.
(3) Availability of information for law enforcement.--
Information obtained under this subtitle may be made
available to another agency of the Federal Government for a
civil or criminal law enforcement activity if the activity is
authorized by law and if the head of the agency has made a
written request to the Secretary specifying the particular
information desired and the law enforcement activity for
which the information is sought.
(4) Penalty.--Any person knowingly violating this
subsection, on conviction, shall be subject to a fine of not
more than $1,000 or to imprisonment for not more than 1 year,
or both, and if an officer or employee of the Board or the
Department, shall be removed from office or terminated from
employment, as applicable.
(5) Withholding of information.--Nothing in this subtitle
authorizes the withholding of information from Congress.
(i) Use of Assessments.--The order shall provide that the
assessments collected under section 536 shall be used for
payment of the expenses in implementing and administering
this subtitle, with provision for a reasonable reserve, and
to cover administrative costs incurred by the Secretary in
implementing and administering this subtitle.
(j) Other Terms and Conditions.--The order shall contain
such other terms and conditions, not inconsistent with this
subtitle, as are determined necessary by the Secretary to
effectuate this subtitle.
SEC. 536. ASSESSMENTS.
(a) In General.--
(1) First purchasers.--During the effective period of an
order issued pursuant to this subtitle, assessments shall
be--
(A) levied on all canola or rapeseed produced in the United
States and marketed; and
(B) deducted from the payment made to a producer for all
canola or rapeseed sold to a first purchaser.
(2) Direct processing.--The order shall provide that any
person processing canola or rapeseed of that person's own
production and marketing the canola or rapeseed, or canola or
rapeseed products, shall remit to the Board or a State
organization certified to represent producers under section
535(b)(6), in the manner prescribed by the order, an
assessment established at a rate equivalent to the rate
provided for under subsection (d).
(b) Limitation on Assessments.--No more than 1 assessment
may be assessed under subsection (a) on any canola or
rapeseed produced (as remitted by a first purchaser).
(c) Remitting of Assessments.--
(1) In general.--Assessments required under subsection (a)
shall be remitted to the Board by a first purchaser. The
Board shall use State organizations certified to represent
producers under section 535(b)(6) to collect the assessments.
If an appropriate certified State organization does not exist
to collect an assessment, the assessment shall be collected
by the Board. There shall be only 1 certified State
organization in each State.
(2) Times to remit assessment.--Each first purchaser shall
remit the assessment to the Board as provided for in the
order.
(d) Assessment Rate.--
(1) Initial rate.--The initial assessment rate shall be 4
cents per hundredweight of canola or rapeseed produced and
marketed.
(2) Increase.--The assessment rate may be increased on
recommendation by the Board to a rate not exceeding 10 cents
per hundredweight of canola or rapeseed produced and marketed
in a State, unless--
(A) after the initial referendum is held under section
537(a), the Board recommends
[[Page 704]]
an increase above 10 cents per hundredweight; and
(B) the increase is approved in a referendum under section
537(b).
(3) Credit.--A producer who demonstrates to the Board that
the producer is participating in a program of a State
organization certified to represent producers under section
535(b)(6) shall receive credit, in determining the assessment
due from the producer, for contributions to the program of up
to 2 cents per hundredweight of canola or rapeseed marketed.
(e) Late Payment Charge.--
(1) In general.--There shall be a late payment charge
imposed on any person who fails to remit, on or before the
date provided for in the order, to the Board the total amount
for which the person is liable.
(2) Amount of charge.--The amount of the late payment
charge imposed under paragraph (1) shall be prescribed by the
Board with the approval of the Secretary.
(f) Refund of Assessments From Escrow Account.--
(1) Establishment of escrow account.--During the period
beginning on the date on which an order is first issued under
section 534(b)(3) and ending on the date on which a
referendum is conducted under section 537(a), the Board
shall--
(A) establish and maintain an escrow account to be used for
assessment refunds; and
(B) place funds in the account in accordance with paragraph
(2).
(2) Placement of funds in account.--The Board shall place
in the account, from assessments collected during the period
referred to in paragraph (1), an amount equal to the product
obtained by multiplying the total amount of assessments
collected during the period by 10 percent.
(3) Right to receive refund.--The Board shall refund to a
producer the assessments paid by or on behalf of the producer
if--
(A) the producer is required to pay the assessment;
(B) the producer does not support the program established
under this subtitle; and
(C) the producer demands the refund prior to the conduct of
the referendum under section 537(a).
(4) Form of demand.--The demand shall be made in accordance
with such regulations, in such form, and within such time
period as prescribed by the Board.
(5) Making of refund.--The refund shall be made on
submission of proof satisfactory to the Board that the
producer paid the assessment for which the refund is
demanded.
(6) Proration.--If--
(A) the amount in the escrow account required by paragraph
(1) is not sufficient to refund the total amount of
assessments demanded by eligible producers; and
(B) the order is not approved pursuant to the referendum
conducted under section 537(a);
the Board shall prorate the amount of the refunds among all
eligible producers who demand a refund.
(7) Program approved.--If the plan is approved pursuant to
the referendum conducted under section 537(a), all funds in
the escrow account shall be returned to the Board for use by
the Board in accordance with this subtitle.
SEC. 537. REFERENDA.
(a) Initial Referendum.--
(1) Requirement.--During the period ending 30 months after
the date on which an order is first issued under section
534(b)(3), the Secretary shall conduct a referendum among
producers who, during a representative period as determined
by the Secretary, have been engaged in the production of
canola or rapeseed for the purpose of ascertaining whether
the order then in effect shall be continued.
(2) Advance notice.--The Secretary shall, to the extent
practicable, provide broad public notice in advance of any
referendum. The notice shall be provided, without advertising
expenses, by means of newspapers, county newsletters, the
electronic media, and press releases, through the use of
notices posted in State and county Cooperative State
Research, Education, and Extension Service offices and county
Consolidated Farm Service Agency offices, and by other
appropriate means specified in the order. The notice shall
contain information on when the referendum will be held,
registration and voting requirements, rules regarding
absentee voting, and other pertinent information.
(3) Approval of order.--The order shall be continued only
if the Secretary determines that the order has been approved
by not less than a majority of the producers voting in the
referendum.
(4) Disapproval of order.--If continuation of the order is
not approved by a majority of the producers voting in the
referendum, the Secretary shall terminate collection of
assessments under the order within 180 days after the
referendum and shall terminate the order in an orderly manner
as soon as practicable.
(b) Additional Referenda.--
(1) In general.--
(A) Requirement.--After the initial referendum on an order,
the Secretary shall conduct additional referenda, as
described in subparagraph (C), if requested by a
representative group of producers, as described in
subparagraph (B).
(B) Representative group of producers.--An additional
referendum on an order shall be conducted if requested by 10
percent or more of the producers who, during a representative
period as determined by the Secretary, have been engaged in
the production of canola or rapeseed.
(C) Eligible producers.--Each additional referendum shall
be conducted among all producers who, during a representative
period as determined by the Secretary, have been engaged in
the production of canola or rapeseed to determine whether the
producers favor the termination or suspension of the order.
(2) Disapproval of order.--If the Secretary determines, in
a referendum conducted under paragraph (1), that suspension
or termination of the order is favored by a majority of the
producers voting in the referendum, the Secretary shall
suspend or terminate, as appropriate, collection of
assessments under the order within 180 days after the
determination, and shall suspend or terminate the order, as
appropriate, in an orderly manner as soon as practicable
after the determination.
(3) Opportunity to request additional referenda.--
(A) In general.--Beginning on the date that is 5 years
after the conduct of a referendum under this subtitle, and
every 5 years thereafter, the Secretary shall provide canola
and rapeseed producers an opportunity to request an
additional referendum.
(B) Method of making request.--
(i) In-person requests.--To carry out subparagraph (A), the
Secretary shall establish a procedure under which a producer
may make a request for a reconfirmation referendum in person
at a county Cooperative State Research, Education, and
Extension Service office or a county Consolidated Farm
Service Agency office during a period established by the
Secretary, or as provided in clause (ii).
(ii) Mail-in requests.--In lieu of making a request in
person, a producer may make a request by mail. To facilitate
the submission of requests by mail, the Secretary may make
mail-in request forms available to producers.
(C) Notifications.--The Secretary shall publish a notice in
the Federal Register, and the Board shall provide written
notification to producers, not later than 60 days prior to
the end of the period established under subparagraph (B)(i)
for an in-person request, of the opportunity of producers to
request an additional referendum. The notification shall
explain the right of producers to an additional referendum,
the procedure for a referendum, the purpose of a referendum,
and the date and method by which producers may act to request
an additional referendum under this paragraph. The Secretary
shall take such other action as the Secretary determines is
necessary to ensure that producers are made aware of the
opportunity to request an additional referendum.
(D) Action by secretary.--As soon as practicable following
the submission of a request for an additional referendum, the
Secretary shall determine whether a sufficient number of
producers have requested the referendum, and take such steps
as are necessary to conduct the referendum, as required under
paragraph (1).
(E) Time limit.--An additional referendum requested under
the procedures provided in this paragraph shall be conducted
not later than 1 year after the Secretary determines that a
representative group of producers, as described in paragraph
(1)(B), have requested the conduct of the referendum.
(c) Procedures.--
(1) Reimbursement of secretary.--The Secretary shall be
reimbursed from assessments collected by the Board for any
expenses incurred by the Secretary in connection with the
conduct of an activity required under this section.
(2) Date.--Each referendum shall be conducted for a
reasonable period of time not to exceed 3 days, established
by the Secretary, under a procedure under which producers
intending to vote in the referendum shall certify that the
producers were engaged in the production of canola, rapeseed,
or canola or rapeseed products during the representative
period and, at the same time, shall be provided an
opportunity to vote in the referendum.
(3) Place.--Referenda under this section shall be conducted
at locations determined by the Secretary. On request,
absentee mail ballots shall be furnished by the Secretary in
a manner prescribed by the Secretary.
SEC. 538. PETITION AND REVIEW.
(a) Petition.--
(1) In general.--A person subject to an order issued under
this subtitle may file with the Secretary a petition--
(A) stating that the order, a provision of the order, or an
obligation imposed in connection with the order is not
established in accordance with law; and
(B) requesting a modification of the order or an exemption
from the order.
(2) Hearings.--The petitioner shall be given the
opportunity for a hearing on a petition filed under paragraph
(1), in accordance with regulations issued by the Secretary.
(3) Ruling.--After a hearing under paragraph (2), the
Secretary shall issue a ruling on the petition that is the
subject of the hearing, which shall be final if the ruling is
in accordance with applicable law.
(4) Limitation on petition.--Any petition filed under this
subtitle challenging an order, or any obligation imposed in
connection with an order, shall be filed not later than 2
years after the effective date of the order or imposition of
the obligation.
(b) Review.--
(1) Commencement of action.--The district court of the
United States for any district in which the person who is a
petitioner under subsection (a) resides or carries on
business
[[Page 705]]
shall have jurisdiction to review a ruling on the petition,
if a complaint is filed by the person not later than 20 days
after the date of the entry of a ruling by the Secretary
under subsection (a)(3).
(2) Process.--Service of process in a proceeding under
paragraph (1) shall be conducted in accordance with the
Federal Rules of Civil Procedure.
(3) Remands.--If the court determines, under paragraph (1),
that a ruling issued under subsection (a)(3) is not in
accordance with applicable law, the court shall remand the
matter to the Secretary with directions either--
(A) to make such ruling as the court shall determine to be
in accordance with law; or
(B) to take such further proceedings as, in the opinion of
the court, the law requires.
(4) Enforcement.--The pendency of proceedings instituted
under subsection (a) shall not impede, hinder, or delay the
Attorney General or the Secretary from taking any action
under section 539.
SEC. 539. ENFORCEMENT.
(a) Jurisdiction.--The district courts of the United States
are vested with jurisdiction specifically to enforce, and to
prevent and restrain any person from violating, an order or
regulation made or issued under this subtitle.
(b) Referral to Attorney General.--A civil action
authorized to be commenced under this section shall be
referred to the Attorney General for appropriate action,
except that the Secretary shall not be required to refer to
the Attorney General a violation of this subtitle if the
Secretary believes that the administration and enforcement of
this subtitle would be adequately served by providing a
suitable written notice or warning to the person committing
the violation or by administrative action under subsection
(c).
(c) Civil Penalties and Orders.--
(1) Civil penalties.--
(A) In general.--Any person who willfully violates any
provision of an order or regulation issued by the Secretary
under this subtitle, or who fails or refuses to pay, collect,
or remit an assessment or fee required of the person under an
order or regulation, may be assessed--
(i) a civil penalty by the Secretary of not more than
$1,000 for each violation; and
(ii) in the case of a willful failure to pay, collect, or
remit an assessment as required by an order or regulation, an
additional penalty equal to the amount of the assessment.
(B) Separate offense.--Each violation under subparagraph
(A) shall be a separate offense.
(2) Cease-and-desist orders.--In addition to, or in lieu
of, a civil penalty under paragraph (1), the Secretary may
issue an order requiring a person to cease and desist from
continuing a violation.
(3) Notice and hearing.--No penalty shall be assessed, or
cease-and-desist order issued, by the Secretary under this
subsection unless the person against whom the penalty is
assessed or the cease-and-desist order is issued is given
notice and opportunity for a hearing before the Secretary
with respect to the violation.
(4) Finality.--The order of the Secretary assessing a
penalty or imposing a cease-and-desist order under this
subsection shall be final and conclusive unless the affected
person files an appeal of the order in the appropriate
district court of the United States in accordance with
subsection (d).
(d) Review by District Court.--
(1) Commencement of action.--Any person who has been
determined to be in violation of this subtitle, or against
whom a civil penalty has been assessed or a cease-and-desist
order issued under subsection (c), may obtain review of the
penalty or cease-and-desist order by--
(A) filing, within the 30-day period beginning on the date
the penalty is assessed or cease-and-desist order issued, a
notice of appeal in--
(i) the district court of the United States for the
district in which the person resides or carries on business;
or
(ii) the United States District Court for the District of
Columbia; and
(B) simultaneously sending a copy of the notice by
certified mail to the Secretary.
(2) Record.--The Secretary shall file promptly, in the
appropriate court referred to in paragraph (1), a certified
copy of the record on which the Secretary determined that the
person committed the violation.
(3) Standard of review.--A finding of the Secretary under
this section shall be set aside only if the finding is found
to be unsupported by substantial evidence.
(e) Failure To Obey Cease-and-Desist Orders.--Any person
who fails to obey a cease-and-desist order issued under this
section after the cease-and-desist order has become final and
unappealable, or after the appropriate United States district
court has entered a final judgment in favor of the Secretary,
shall be subject to a civil penalty assessed by the
Secretary, after opportunity for a hearing and for judicial
review under the procedures specified in subsections (c) and
(d), of not more than $5,000 for each offense. Each day
during which the failure continues shall be considered as a
separate violation of the cease-and-desist order.
(f) Failure To Pay Penalties.--If a person fails to pay an
assessment of a civil penalty under this section after the
assessment has become a final and unappealable order, or
after the appropriate United States district court has
entered final judgment in favor of the Secretary, the
Secretary shall refer the matter to the Attorney General for
recovery of the amount assessed in the district court of the
United States for any district in which the person resides or
carries on business. In an action for recovery, the validity
and appropriateness of the final order imposing the civil
penalty shall not be subject to review.
(g) Additional Remedies.--The remedies provided in this
subtitle shall be in addition to, and not exclusive of, other
remedies that may be available.
SEC. 540. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) Investigations.--The Secretary may make such
investigations as the Secretary considers necessary--
(1) for the effective administration of this subtitle; and
(2) to determine whether any person has engaged or is
engaging in an act that constitutes a violation of this
subtitle, or an order, rule, or regulation issued under this
subtitle.
(b) Subpoenas, Oaths, and Affirmations.--
(1) In general.--For the purpose of an investigation under
subsection (a), the Secretary may administer oaths and
affirmations, subpoena witnesses, take evidence, and issue
subpoenas to require the production of any records that are
relevant to the inquiry. The attendance of witnesses and the
production of records may be required from any place in the
United States.
(2) Administrative hearings.--For the purpose of an
administrative hearing held under section 538 or 539, the
presiding officer is authorized to administer oaths and
affirmations, subpoena and compel the attendance of
witnesses, take evidence, and require the production of any
records that are relevant to the inquiry. The attendance of
witnesses and the production of records may be required from
any place in the United States.
(c) Aid of Courts.--In the case of contumacy by, or refusal
to obey a subpoena issued to, any person, the Secretary may
invoke the aid of any court of the United States within the
jurisdiction of which the investigation or proceeding is
carried on, or where the person resides or carries on
business, in order to enforce a subpoena issued by the
Secretary under subsection (b). The court may issue an order
requiring the person to comply with the subpoena.
(d) Contempt.--A failure to obey an order of the court
under this section may be punished by the court as contempt
of the court.
(e) Process.--Process may be served on a person in the
judicial district in which the person resides or carries on
business or wherever the person may be found.
(f) Hearing Site.--The site of a hearing held under section
538 or 539 shall be in the judicial district where the person
affected by the hearing resides or has a principal place of
business.
SEC. 541. SUSPENSION OR TERMINATION.
The Secretary shall, whenever the Secretary finds that an
order or a provision of an order obstructs or does not tend
to effectuate the declared policy of this subtitle, suspend
or terminate the operation of the order or provision. The
suspension or termination of an order shall not be considered
an order within the meaning of this subtitle.
SEC. 542. REGULATIONS.
The Secretary may issue such regulations as are necessary
to carry out this subtitle.
SEC. 543. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for each fiscal year such sums as are necessary to carry out
this subtitle.
(b) Administrative Expenses.--Funds appropriated under
subsection (a) shall not be available for payment of the
expenses or expenditures of the Board in administering a
provision of an order issued under this subtitle.
Subtitle D--Kiwifruit
SEC. 551. SHORT TITLE.
This subtitle may be cited as the ``National Kiwifruit
Research, Promotion, and Consumer Information Act''.
SEC. 552. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) domestically produced kiwifruit are grown by many
individual producers;
(2) virtually all domestically produced kiwifruit are grown
in the State of California, although there is potential for
production in many other areas of the United States;
(3) kiwifruit move in interstate and foreign commerce, and
kiwifruit that do not move in channels of commerce directly
burden or affect interstate commerce;
(4) in recent years, large quantities of kiwifruit have
been imported into the United States;
(5) the maintenance and expansion of existing domestic and
foreign markets for kiwifruit, and the development of
additional and improved markets for kiwifruit, are vital to
the welfare of kiwifruit producers and other persons
concerned with producing, marketing, and processing
kiwifruit;
(6) a coordinated program of research, promotion, and
consumer information regarding kiwifruit is necessary for the
maintenance and development of the markets; and
(7) kiwifruit producers, handlers, and importers are unable
to implement and finance such a program without cooperative
action.
(b) Purposes.--The purposes of this subtitle are--
(1) to authorize the establishment of an orderly procedure
for the development and financing (through an assessment) of
an effective and coordinated program of research, promotion,
and consumer information regarding kiwifruit;
[[Page 706]]
(2) to use the program to strengthen the position of the
kiwifruit industry in domestic and foreign markets and
maintain, develop, and expand markets for kiwifruit; and
(3) to treat domestically produced kiwifruit and imported
kiwifruit equitably.
SEC. 553. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the National Kiwifruit
Board established under section 555.
(2) Consumer information.--The term ``consumer
information'' means any action taken to provide information
to, and broaden the understanding of, the general public
regarding the consumption, use, nutritional attributes, and
care of kiwifruit.
(3) Exporter.--The term ``exporter'' means any person from
outside the United States who exports kiwifruit into the
United States.
(4) Handler.--The term ``handler'' means any person,
excluding a common carrier, engaged in the business of buying
and selling, packing, marketing, or distributing kiwifruit as
specified in the order.
(5) Importer.--The term ``importer'' means any person who
imports kiwifruit into the United States.
(6) Kiwifruit.--The term ``kiwifruit'' means all varieties
of fresh kiwifruit grown in or imported into the United
States.
(7) Marketing.--The term ``marketing'' means the sale or
other disposition of kiwifruit into interstate, foreign, or
intrastate commerce by buying, marketing, distribution, or
otherwise placing kiwifruit into commerce.
(8) Order.--The term ``order'' means a kiwifruit research,
promotion, and consumer information order issued by the
Secretary under section 554.
(9) Person.--The term ``person'' means any individual,
group of individuals, partnership, corporation, association,
cooperative, or other legal entity.
(10) Processing.--The term ``processing'' means canning,
fermenting, distilling, extracting, preserving, grinding,
crushing, or in any manner changing the form of kiwifruit for
the purpose of preparing the kiwifruit for market or
marketing the kiwifruit.
(11) Producer.--The term ``producer'' means any person who
grows kiwifruit in the United States for sale in commerce.
(12) Promotion.--The term ``promotion'' means any action
taken under this subtitle (including paid advertising) to
present a favorable image of kiwifruit to the general public
for the purpose of improving the competitive position of
kiwifruit and stimulating the sale of kiwifruit.
(13) Research.--The term ``research'' means any type of
research relating to the use, nutritional value, and
marketing of kiwifruit conducted for the purpose of advancing
the image, desirability, marketability, or quality of
kiwifruit.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) United states.--The term ``United States'' means the
50 States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
SEC. 554. ISSUANCE OF ORDERS.
(a) Issuance.--To effectuate the purposes of this subtitle
specified in section 552(b), the Secretary shall issue an
order applicable to producers, handlers, and importers of
kiwifruit. Any such order shall be national in scope. Not
more than 1 order shall be in effect under this subtitle at
any 1 time.
(b) Procedure.--
(1) Proposal for issuance of order.--Any person that will
be affected by this subtitle may request the issuance of, and
submit a proposal for, an order under this subtitle.
(2) Proposed order.--Not later than 90 days after the
receipt of a request and proposal for an order, the Secretary
shall publish a proposed order and give due notice and
opportunity for public comment on the proposed order.
(3) Issuance of order.--After notice and opportunity for
public comment are provided under paragraph (2), the
Secretary shall issue an order, taking into consideration the
comments received and including in the order provisions
necessary to ensure that the order is in conformity with this
subtitle.
(c) Amendments.--The Secretary may amend any order issued
under this section. The provisions of this subtitle
applicable to an order shall be applicable to an amendment to
an order.
SEC. 555. NATIONAL KIWIFRUIT BOARD.
(a) Membership.--An order issued by the Secretary under
section 554 shall provide for the establishment of a National
Kiwifruit Board that consists of the following 11 members:
(1) 6 members who are producers (or representatives of
producers) and who are not exempt from an assessment under
section 556(b).
(2) 4 members who are importers (or representatives of
importers) and who are not exempt from an assessment under
section 556(b) or are exporters (or representatives of
exporters).
(3) 1 member appointed from the general public.
(b) Adjustment of Membership.--
(1) In general.--Subject to the 11-member limit and to
paragraph (2), the Secretary may adjust membership on the
Board to accommodate changes in production and import levels
of kiwifruit.
(2) Number of producer members.--Producers shall comprise
not less than 51 percent of the membership of the Board.
(c) Appointment and Nomination.--
(1) Appointment.--The Secretary shall appoint the members
of the Board from nominations submitted in accordance with
this subsection.
(2) Producers.--The members referred to in subsection
(a)(1) shall be appointed from individuals nominated by
producers.
(3) Importers and exporters.--The members referred to in
subsection (a)(2) shall be appointed from individuals
nominated by importers or exporters.
(4) Public representative.--The public representative shall
be appointed from nominations submitted by other members of
the Board.
(5) Failure to nominate.--If producers, importers, and
exporters fail to nominate individuals for appointment, the
Secretary may appoint members and alternates on a basis
provided for in the order. If the Board fails to nominate a
public representative, the member may be appointed by the
Secretary without a nomination.
(d) Alternates.--The Secretary shall appoint an alternate
for each member of the Board. An alternate shall--
(1) be appointed in the same manner as the member for whom
the individual is an alternate; and
(2) serve on the Board if the member is absent from a
meeting or is disqualified under subsection (f).
(e) Terms.--A member of the Board shall be appointed for a
term of 3 years. No member may serve more than 2 consecutive
3-year terms, except that of the members first appointed--
(1) 5 members shall be appointed for a term of 2 years; and
(2) 6 members shall be appointed for a term of 3 years.
(f) Disqualification.--If a member or alternate of the
Board who was appointed as a producer, importer, exporter, or
public representative member ceases to belong to the group
for which the member was appointed, the member or alternate
shall be disqualified from serving on the Board.
(g) Compensation.--A member or alternate of the Board shall
serve without pay.
(h) General Powers and Duties.--The Board shall--
(1) administer an order issued by the Secretary under
section 554, and an amendment to the order, in accordance
with the order and amendment and this subtitle;
(2) prescribe rules and regulations to carry out the order;
(3) meet, organize, and select from among members of the
Board a chairperson, other officers, and committees and
subcommittees, as the Board determines appropriate;
(4) receive, investigate, and report to the Secretary
accounts of violations of the order;
(5) make recommendations to the Secretary with respect to
an amendment that should be made to the order; and
(6) employ or contract with a manager and staff to assist
in administering the order, except that, to reduce
administrative costs and increase efficiency, the Board shall
seek, to the extent practicable, to employ or contract with
personnel who are already associated with organizations
involved in promoting kiwifruit that are chartered by a
State, the District of Columbia, or the Commonwealth of
Puerto Rico.
SEC. 556. REQUIRED TERMS IN ORDER.
(a) Budgets and Plans.--
(1) In general.--An order issued under section 554 shall
provide for periodic budgets and plans in accordance with
this subsection.
(2) Budgets.--The Board shall prepare and submit to the
Secretary a budget prior to the beginning of the fiscal year
of the anticipated expenses and disbursements of the Board in
the administration of the order, including probable costs of
research, promotion, and consumer information. A budget shall
become effective on a \2/3\-vote of a quorum of the Board and
approval by the Secretary.
(3) Plans.--Each budget shall include a plan for research,
promotion, and consumer information regarding kiwifruit. A
plan under this paragraph shall become effective on approval
by the Secretary. The Board may enter into contracts and
agreements, on approval by the Secretary, for--
(A) the development and carrying out of the plan; and
(B) the payment of the cost of the plan, with funds
collected pursuant to this subtitle.
(b) Assessments.--
(1) In general.--The order shall provide for the imposition
and collection of assessments with regard to the production
and importation of kiwifruit in accordance with this
subsection.
(2) Rate.--The assessment rate shall be the rate that is
recommended by a \2/3\-vote of a quorum of the Board and
approved by the Secretary, except that the rate shall not
exceed $0.10 per 7-pound tray of kiwifruit or an equivalent
rate.
(3) Collection by first handlers.--Except as provided in
paragraph (5), the first handler of kiwifruit shall--
(A) be responsible for the collection from the producer,
and payment to the Board, of assessments required under this
subsection; and
(B) maintain a separate record of the kiwifruit of each
producer whose kiwifruit are so handled, including the
kiwifruit owned by the handler.
(4) Importers.--The assessment on imported kiwifruit shall
be paid by the importer to the United States Customs Service
[[Page 707]]
at the time of entry into the United States and shall be
remitted to the Board.
(5) Exemption from assessment.--The following persons or
activities are exempt from an assessment under this
subsection:
(A) A producer who produces less than 500 pounds of
kiwifruit per year.
(B) An importer who imports less than 10,000 pounds of
kiwifruit per year.
(C) A sale of kiwifruit made directly from the producer to
a consumer for a purpose other than resale.
(D) The production or importation of kiwifruit for
processing.
(6) Claim of exemption.--To claim an exemption under
paragraph (5) for a particular year, a person shall--
(A) submit an application to the Board stating the basis
for the exemption and certifying that the quantity of
kiwifruit produced, imported, or sold by the person will not
exceed any poundage limitation required for the exemption in
the year; or
(B) be on a list of approved processors developed by the
Board.
(c) Use of Assessments.--
(1) Authorized uses.--The order shall provide that funds
paid to the Board as assessments under subsection (b) may be
used by the Board--
(A) to pay for research, promotion, and consumer
information described in the budget of the Board under
subsection (a) and for other expenses incurred by the Board
in the administration of an order;
(B) to pay such other expenses for the administration,
maintenance, and functioning of the Board (including any
enforcement efforts for the collection of assessments) as may
be authorized by the Secretary, including interest and
penalties for late payments; and
(C) to fund a reserve established under section 557(d).
(2) Required uses.--The order shall provide that funds paid
to the Board as assessments under subsection (b) shall be
used by the Board--
(A) to pay the expenses incurred by the Secretary,
including salaries and expenses of Federal Government
employees, in implementing and administering the order; and
(B) to reimburse the Secretary for any expenses incurred by
the Secretary in conducting referenda under this subtitle.
(3) Limitation on use of assessments.--Except for the first
year of operation of the Board, expenses for the
administration, maintenance, and functioning of the Board may
not exceed 30 percent of the budget for a year.
(d) False Claims.--The order shall provide that any
promotion funded with assessments collected under subsection
(b) may not make--
(1) any false claims on behalf of kiwifruit; and
(2) any false statements with respect to the attributes or
use of any product that competes with kiwifruit for sale in
commerce.
(e) Prohibition on Use of Funds.--The order shall provide
that funds collected by the Board under this subtitle through
assessments may not, in any manner, be used for the purpose
of influencing legislation or governmental policy or action,
except for making recommendations to the Secretary as
provided for under this subtitle.
(f) Books, Records, and Reports.--
(1) Board.--The order shall require the Board--
(A) to maintain books and records with respect to the
receipt and disbursement of funds received by the Board;
(B) to submit to the Secretary from time to time such
reports as the Secretary may require for appropriate
accounting; and
(C) to submit to the Secretary at the end of each fiscal
year a complete audit report by an independent auditor
regarding the activities of the Board during the fiscal year.
(2) Others.--To make information and data available to the
Board and the Secretary that is appropriate or necessary for
the effectuation, administration, or enforcement of this
subtitle (or any order or regulation issued under this
subtitle), the order shall require handlers and importers who
are responsible for the collection, payment, or remittance of
assessments under subsection (b)--
(A) to maintain and make available for inspection by the
employees and agents of the Board and the Secretary such
books and records as may be required by the order; and
(B) to file, at the times and in the manner and content
prescribed by the order, reports regarding the collection,
payment, or remittance of the assessments.
(g) Confidentiality.--
(1) In general.--The order shall require that all
information obtained pursuant to subsection (f)(2) be kept
confidential by all officers, employees, and agents of the
Department of Agriculture and of the Board. Only such
information as the Secretary considers relevant shall be
disclosed to the public and only in a suit or administrative
hearing, brought at the request of the Secretary or to which
the Secretary or any officer of the United States is a party,
involving the order with respect to which the information was
furnished or acquired.
(2) Limitations.--Nothing in this subsection prohibits--
(A) the issuance of general statements based on the reports
of a number of handlers and importers subject to an order, if
the statements do not identify the information furnished by
any person; or
(B) the publication, by direction of the Secretary, of the
name of any person violating an order issued under section
554(a), together with a statement of the particular
provisions of the order violated by the person.
(3) Penalty.--Any person who willfully violates this
subsection, on conviction, shall be subject to a fine of not
more than $1,000 or to imprisonment for not more than 1 year,
or both, and, if the person is a member, officer, or agent of
the board or an employee of the Department of Agriculture,
shall be removed from office.
(h) Withholding of Information.--Nothing in this subtitle
authorizes the withholding of information from Congress.
SEC. 557. PERMISSIVE TERMS IN ORDER.
(a) Permissive Terms.--On the recommendation of the Board
and with the approval of the Secretary, an order issued under
section 554 may include the terms and conditions specified in
this section and such additional terms and conditions as the
Secretary considers necessary to effectuate the other
provisions of the order and are incidental to, and not
inconsistent with, this subtitle.
(b) Alternative Payment and Reporting Schedules.--The order
may authorize the Board to designate different handler
payment and reporting schedules to recognize differences in
marketing practices and procedures.
(c) Working Groups.--The order may authorize the Board to
convene working groups drawn from producers, handlers,
importers, exporters, or the general public and utilize the
expertise of the groups to assist in the development of
research and marketing programs for kiwifruit.
(d) Reserve Funds.--The order may authorize the Board to
accumulate reserve funds from assessments collected pursuant
to section 556(b) to permit an effective and continuous
coordinated program of research, promotion, and consumer
information in years in which production and assessment
income may be reduced, except that any reserve fund may not
exceed the amount budgeted for operation of this subtitle for
1 year.
(e) Promotion Activities Outside United States.--The order
may authorize the Board to use, with the approval of the
Secretary, funds collected under section 556(b) and funds
from other sources for the development and expansion of sales
in foreign markets of kiwifruit produced in the United
States.
SEC. 558. PETITION AND REVIEW.
(a) Petition.--
(1) In general.--A person subject to an order may file with
the Secretary a petition--
(A) stating that the order, a provision of the order, or an
obligation imposed in connection with the order is not in
accordance with law; and
(B) requesting a modification of the order or an exemption
from the order.
(2) Hearings.--A person submitting a petition under
paragraph (1) shall be given an opportunity for a hearing on
the petition, in accordance with regulations issued by the
Secretary.
(3) Ruling.--After the hearing, the Secretary shall issue a
ruling on the petition which shall be final if the petition
is in accordance with law.
(4) Limitation on petition.--Any petition filed under this
subtitle challenging an order, or any obligation imposed in
connection with an order, shall be filed not later than 2
years after the effective date of the order or imposition of
the obligation.
(b) Review.--
(1) Commencement of action.--The district court of the
United States for any district in which the person who is a
petitioner under subsection (a) resides or carries on
business is vested with jurisdiction to review the ruling on
the petition of the person, if a complaint for that purpose
is filed not later than 20 days after the date of the entry
of a ruling by the Secretary under subsection (a).
(2) Process.--Service of process in the proceedings shall
be conducted in accordance with the Federal Rules of Civil
Procedure.
(3) Remands.--If the court determines that the ruling is
not in accordance with law, the court shall remand the matter
to the Secretary with directions--
(A) to make such ruling as the court shall determine to be
in accordance with law; or
(B) to take such further action as, in the opinion of the
court, the law requires.
(4) Enforcement.--The pendency of a proceeding instituted
pursuant to subsection (a) shall not impede, hinder, or delay
the Attorney General or the Secretary from obtaining relief
pursuant to section 559.
SEC. 559. ENFORCEMENT.
(a) Jurisdiction.--A district court of the United States
shall have jurisdiction specifically to enforce, and to
prevent and restrain any person from violating, any order or
regulation made or issued by the Secretary under this
subtitle.
(b) Referral to Attorney General.--A civil action
authorized to be brought under this section shall be referred
to the Attorney General for appropriate action, except that
the Secretary is not required to refer to the Attorney
General a violation of this subtitle, or any order or
regulation issued under this subtitle, if the Secretary
believes that the administration and enforcement of this
subtitle would be adequately served by administrative action
under subsection (c) or suitable written notice or warning to
the person committing the violation.
(c) Civil Penalties and Orders.--
(1) Civil penalties.--Any person who willfully violates any
provision of any order or regulation issued by the Secretary
under
[[Page 708]]
this subtitle, or who fails or refuses to pay, collect, or
remit any assessment or fee duly required of the person under
the order or regulation, may be assessed a civil penalty by
the Secretary of not less than $500 nor more than $5,000 for
each such violation. Each violation shall be a separate
offense.
(2) Cease-and-desist orders.--In addition to or in lieu of
the civil penalty, the Secretary may issue an order requiring
the person to cease and desist from continuing the violation.
(3) Notice and hearing.--No order assessing a civil penalty
or cease-and-desist order may be issued by the Secretary
under this subsection unless the Secretary gives the person
against whom the order is issued notice and opportunity for a
hearing on the record before the Secretary with respect to
the violation.
(4) Finality.--The order of the Secretary assessing a
penalty or imposing a cease-and-desist order shall be final
and conclusive unless the person against whom the order is
issued files an appeal of the order in the appropriate
district court of the United States, in accordance with
subsection (d).
(d) Review by United States District Court.--
(1) Commencement of action.--Any person against whom a
violation is found and a civil penalty assessed or cease-and-
desist order issued under subsection (c) may obtain review of
the penalty or cease-and-desist order in the district court
of the United States for the district in which the person
resides or carries on business, or the United States District
Court for the District of Columbia, by--
(A) filing a notice of appeal in the court not later than
30 days after the date on which the penalty is assessed or
cease-and-desist order issued; and
(B) simultaneously sending a copy of the notice by
certified mail to the Secretary.
(2) Record.--The Secretary shall promptly file in the court
a certified copy of the record on which the Secretary found
that the person committed the violation.
(3) Standard of review.--A finding of the Secretary shall
be set aside only if the finding is found to be unsupported
by substantial evidence.
(e) Failure To Obey Cease-and-Desist Orders.--Any person
who fails to obey a cease-and-desist order issued by the
Secretary after the cease-and-desist order has become final
and unappealable, or after the appropriate United States
district court has entered a final judgment in favor of the
Secretary, shall be subject to a civil penalty assessed by
the Secretary, after opportunity for a hearing and for
judicial review under the procedures specified in subsections
(c) and (d), of not more than $500 for each offense. Each day
during which the failure continues shall be considered a
separate violation of the cease-and-desist order.
(f) Failure To Pay Penalties.--If a person fails to pay an
assessment of a civil penalty after the assessment has become
a final and unappealable order issued by the Secretary, or
after the appropriate United States district court has
entered final judgment in favor of the Secretary, the
Secretary shall refer the matter to the Attorney General for
recovery of the amount assessed in the district court of the
United States for any district in which the person resides or
carries on business. In an action for recovery, the validity
and appropriateness of the final order imposing the civil
penalty shall not be subject to review.
SEC. 560. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) In General.--The Secretary may make such investigations
as the Secretary considers necessary--
(1) for the effective carrying out of the responsibilities
of the Secretary under this subtitle; or
(2) to determine whether a person subject to this subtitle
has engaged or is engaging in any act that constitutes a
violation of this subtitle, or any order, rule, or regulation
issued under this subtitle.
(b) Power to Subpoena.--
(1) Investigations.--For the purpose of an investigation
made under subsection (a), the Secretary may administer oaths
and affirmations and may issue subpoenas to require the
production of any records that are relevant to the inquiry.
The production of any such records may be required from any
place in the United States.
(2) Administrative hearings.--For the purpose of an
administrative hearing held under section 558 or 559, the
presiding officer is authorized to administer oaths and
affirmations, subpoena witnesses, compel the attendance of
witnesses, take evidence, and require the production of any
records that are relevant to the inquiry. The attendance of
witnesses and the production of any such records may be
required from any place in the United States.
(c) Aid of Courts.--In the case of contumacy by, or refusal
to obey a subpoena to, any person, the Secretary may invoke
the aid of any court of the United States within the
jurisdiction of which the investigation or proceeding is
carried on, or where the person resides or carries on
business, to enforce a subpoena issued by the Secretary under
subsection (b). The court may issue an order requiring the
person to comply with the subpoena.
(d) Contempt.--Any failure to obey the order of the court
may be punished by the court as a contempt of the court.
(e) Process.--Process in any such case may be served in the
judicial district in which the person resides or carries on
business or wherever the person may be found.
(f) Hearing Site.--The site of any hearing held under
section 558 or 559 shall be in the judicial district where
the person affected by the hearing resides or has a principal
place of business.
SEC. 561. REFERENDA.
(a) Initial Referendum.--
(1) Referendum required.--During the 60-day period
immediately preceding the proposed effective date of an order
issued under section 554, the Secretary shall conduct a
referendum among kiwifruit producers and importers who will
be subject to assessments under the order, to ascertain
whether producers and importers approve the implementation of
the order.
(2) Approval of order.--The order shall become effective,
as provided in section 554, if the Secretary determines
that--
(A) the order has been approved by a majority of the
producers and importers voting in the referendum; and
(B) the producers and importers favoring approval produce
and import more than 50 percent of the total volume of
kiwifruit produced and imported by persons voting in the
referendum.
(b) Subsequent Referenda.--The Secretary may periodically
conduct a referendum to determine if kiwifruit producers and
importers favor the continuation, termination, or suspension
of any order issued under section 554 that is in effect at
the time of the referendum.
(c) Required Referenda.--The Secretary shall hold a
referendum under subsection (b)--
(1) at the end of the 6-year period beginning on the
effective date of the order and at the end of each subsequent
6-year period;
(2) at the request of the Board; or
(3) if not less than 30 percent of the kiwifruit producers
and importers subject to assessments under the order submit a
petition requesting the referendum.
(d) Vote.--On completion of a referendum under subsection
(b), the Secretary shall suspend or terminate the order that
was subject to the referendum at the end of the marketing
year if--
(1) the suspension or termination of the order is favored
by not less than a majority of the producers and importers
voting in the referendum; and
(2) the producers and importers produce and import more
than 50 percent of the total volume of kiwifruit produced and
imported by persons voting in the referendum.
(e) Confidentiality.--The ballots and other information or
reports that reveal, or tend to reveal, the vote of any
person under this subtitle and the voting list shall be held
strictly confidential and shall not be disclosed.
SEC. 562. SUSPENSION OR TERMINATION.
(a) In General.--If the Secretary finds that an order
issued under section 554, or a provision of the order,
obstructs or does not tend to effectuate the purposes of this
subtitle, the Secretary shall suspend or terminate the
operation of the order or provision.
(b) Limitation.--The suspension or termination of any
order, or any provision of an order, shall not be considered
an order under this subtitle.
SEC. 563. REGULATIONS.
The Secretary may issue such regulations as are necessary
to carry out this subtitle.
SEC. 564. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal
year such sums as are necessary to carry out this subtitle.
Subtitle E--Popcorn
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ``Popcorn Promotion,
Research, and Consumer Information Act''.
SEC. 572. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress finds that--
(1) popcorn is an important food that is a valuable part of
the human diet;
(2) the production and processing of popcorn plays a
significant role in the economy of the United States in that
popcorn is processed by several popcorn processors,
distributed through wholesale and retail outlets, and
consumed by millions of people throughout the United States
and foreign countries;
(3) popcorn must be of high quality, readily available,
handled properly, and marketed efficiently to ensure that the
benefits of popcorn are available to the people of the United
States;
(4) the maintenance and expansion of existing markets and
uses and the development of new markets and uses for popcorn
are vital to the welfare of processors and persons concerned
with marketing, using, and producing popcorn for the market,
as well as to the agricultural economy of the United States;
(5) the cooperative development, financing, and
implementation of a coordinated program of popcorn promotion,
research, consumer information, and industry information is
necessary to maintain and expand markets for popcorn; and
(6) popcorn moves in interstate and foreign commerce, and
popcorn that does not move in those channels of commerce
directly burdens or affects interstate commerce in popcorn.
(b) Policy.--It is the policy of Congress that it is in the
public interest to authorize the establishment, through the
exercise of the powers provided in this subtitle, of an
orderly procedure for developing, financing (through adequate
assessments on unpopped popcorn processed domestically), and
carrying out an effective, continuous, and co
[[Page 709]]
ordinated program of promotion, research, consumer
information, and industry information designed to--
(1) strengthen the position of the popcorn industry in the
marketplace; and
(2) maintain and expand domestic and foreign markets and
uses for popcorn.
(c) Purposes.--The purposes of this subtitle are to--
(1) maintain and expand the markets for all popcorn
products in a manner that--
(A) is not designed to maintain or expand any individual
share of a producer or processor of the market;
(B) does not compete with or replace individual advertising
or promotion efforts designed to promote individual brand
name or trade name popcorn products; and
(C) authorizes and funds programs that result in government
speech promoting government objectives; and
(2) establish a nationally coordinated program for popcorn
promotion, research, consumer information, and industry
information.
(d) Statutory Construction.--This subtitle treats
processors equitably. Nothing in this subtitle--
(1) provides for the imposition of a trade barrier to the
entry into the United States of imported popcorn for the
domestic market; or
(2) provides for the control of production or otherwise
limits the right of any individual processor to produce
popcorn.
SEC. 573. DEFINITIONS.
In this subtitle (unless the context otherwise requires):
(1) Board.--The term ``Board'' means the Popcorn Board
established under section 575(b).
(2) Commerce.--The term ``commerce'' means interstate,
foreign, or intrastate commerce.
(3) Consumer information.--The term ``consumer
information'' means information and programs that will assist
consumers and other persons in making evaluations and
decisions regarding the purchase, preparation, and use of
popcorn.
(4) Department.--The term ``Department'' means the
Department of Agriculture.
(5) Industry information.--The term ``industry
information'' means information or a program that will lead
to the development of--
(A) new markets, new marketing strategies, or increased
efficiency for the popcorn industry; or
(B) activities to enhance the image of the popcorn
industry.
(6) Marketing.--The term ``marketing'' means the sale or
other disposition of unpopped popcorn for human consumption
in a channel of commerce, but does not include a sale or
disposition to or between processors.
(7) Order.--The term ``order'' means an order issued under
section 574.
(8) Person.--The term ``person'' means an individual, group
of individuals, partnership, corporation, association, or
cooperative, or any other legal entity.
(9) Popcorn.--The term ``popcorn'' means unpopped popcorn
(Zea Mays L) that is--
(A) commercially grown;
(B) processed in the United States by shelling, cleaning,
or drying; and
(C) introduced into a channel of commerce.
(10) Process.--The term ``process'' means to shell, clean,
dry, and prepare popcorn for the market, but does not include
packaging popcorn for the market without also engaging in
another activity described in this paragraph.
(11) Processor.--The term ``processor'' means a person
engaged in the preparation of unpopped popcorn for the market
who owns or shares the ownership and risk of loss of the
popcorn and who processes and distributes over 4,000,000
pounds of popcorn in the market per year.
(12) Promotion.--The term ``promotion'' means an action,
including paid advertising, to enhance the image or
desirability of popcorn.
(13) Research.--The term ``research'' means any type of
study to advance the image, desirability, marketability,
production, product development, quality, or nutritional
value of popcorn.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
(16) United states.--The term ``United States'' means all
of the States.
SEC. 574. ISSUANCE OF ORDERS.
(a) In General.--To effectuate the policy described in
section 572(b), the Secretary, subject to subsection (b),
shall issue 1 or more orders applicable to processors. An
order shall be applicable to all popcorn production and
marketing areas in the United States. Not more than 1 order
shall be in effect under this subtitle at any 1 time.
(b) Procedure.--
(1) Proposal or request for issuance.--The Secretary may
propose the issuance of an order, or an association of
processors or any other person that would be affected by an
order may request the issuance of, and submit a proposal for,
an order.
(2) Notice and comment concerning proposed order.--Not
later than 60 days after the receipt of a request and
proposal for an order under paragraph (1), or at such time as
the Secretary determines to propose an order, the Secretary
shall publish a proposed order and give due notice and
opportunity for public comment on the proposed order.
(3) Issuance of order.--After notice and opportunity for
public comment under paragraph (2), the Secretary shall issue
an order, taking into consideration the comments received and
including in the order such provisions as are necessary to
ensure that the order conforms to this subtitle. The order
shall be issued and become effective not later than 150 days
after the date of publication of the proposed order.
(c) Amendments.--The Secretary, as appropriate, may amend
an order. The provisions of this subtitle applicable to an
order shall be applicable to any amendment to an order,
except that an amendment to an order may not require a
referendum to become effective.
SEC. 575. REQUIRED TERMS IN ORDERS.
(a) In General.--An order shall contain the terms and
conditions specified in this section.
(b) Establishment and Membership of Popcorn Board.--
(1) In general.--The order shall provide for the
establishment of, and appointment of members to, a Popcorn
Board that shall consist of not fewer than 4 members and not
more than 9 members.
(2) Nominations.--The members of the Board shall be
processors appointed by the Secretary from nominations
submitted by processors in a manner authorized by the
Secretary, subject to paragraph (3). Not more than 1 member
may be appointed to the Board from nominations submitted by
any 1 processor.
(3) Geographical diversity.--In making appointments, the
Secretary shall take into account, to the extent practicable,
the geographical distribution of popcorn production
throughout the United States.
(4) Terms.--The term of appointment of each member of the
Board shall be 3 years, except that the members appointed to
the initial Board shall serve, proportionately, for terms of
2, 3, and 4 years, as determined by the Secretary.
(5) Compensation and expenses.--A member of the Board shall
serve without compensation, but shall be reimbursed for the
expenses of the member incurred in the performance of duties
for the Board.
(c) Powers and Duties of Board.--The order shall define the
powers and duties of the Board, which shall include the power
and duty--
(1) to administer the order in accordance with the terms
and provisions of the order;
(2) to issue regulations to effectuate the terms and
provisions of the order;
(3) to appoint members of the Board to serve on an
executive committee;
(4) to propose, receive, evaluate, and approve budgets,
plans, and projects of promotion, research, consumer
information, and industry information, and to contract with
appropriate persons to implement the plans or projects;
(5) to accept and receive voluntary contributions, gifts,
and market promotion or similar funds;
(6) to invest, pending disbursement under a plan or
project, funds collected through assessments authorized under
subsection (f), only in--
(A) obligations of the United States or an agency of the
United States;
(B) general obligations of a State or a political
subdivision of a State;
(C) an interest-bearing account or certificate of deposit
of a bank that is a member of the Federal Reserve System; or
(D) obligations fully guaranteed as to principal and
interest by the United States;
(7) to receive, investigate, and report to the Secretary
complaints of violations of the order; and
(8) to recommend to the Secretary amendments to the order.
(d) Plans and Budgets.--
(1) In general.--The order shall provide that the Board
shall submit to the Secretary for approval any plan or
project of promotion, research, consumer information, or
industry information.
(2) Budgets.--The order shall require the Board to submit
to the Secretary for approval budgets on a fiscal year basis
of the anticipated expenses and disbursements of the Board in
the implementation of the order, including projected costs of
plans and projects of promotion, research, consumer
information, and industry information.
(e) Contracts and Agreements.--
(1) In general.--The order shall provide that the Board may
enter into contracts or agreements for the implementation and
carrying out of plans or projects of promotion, research,
consumer information, or industry information, including
contracts with a processor organization, and for the payment
of the cost of the plans or projects with funds collected by
the Board under the order.
(2) Requirements.--A contract or agreement under paragraph
(1) shall provide that--
(A) the contracting party shall develop and submit to the
Board a plan or project, together with a budget that shows
the estimated costs to be incurred for the plan or project;
(B) the plan or project shall become effective on the
approval of the Secretary; and
(C) the contracting party shall keep accurate records of
each transaction of the party, account for funds received and
expended, make periodic reports to the Board of activities
conducted, and make such other reports as the Board or the
Secretary may require.
(3) Processor organizations.--The order shall provide that
the Board may contract with processor organizations for any
services required in addition to the services described in
paragraph (1). The contract shall include
[[Page 710]]
provisions comparable to the provisions required by paragraph
(2).
(f) Assessments.--
(1) Processors.--The order shall provide that each
processor marketing popcorn in the United States or for
export shall, in the manner prescribed in the order, pay
assessments and remit the assessments to the Board.
(2) Direct marketers.--A processor that markets popcorn
produced by the processor directly to consumers shall pay and
remit the assessments on the popcorn directly to the Board in
the manner prescribed in the order.
(3) Rate.--
(A) In general.--The rate of assessment prescribed in the
order shall be a rate established by the Board but not more
than $.08 per hundredweight of popcorn.
(B) Adjustment of rate.--The order shall provide that the
Board, with the approval of the Secretary, may raise or lower
the rate of assessment annually up to a maximum of $.08 per
hundredweight of popcorn.
(4) Use of assessments.--
(A) In general.--Subject to subparagraphs (B) and (C) and
subsection (c)(5), the order shall provide that the
assessments collected shall be used by the Board--
(i) to pay expenses incurred in implementing and
administering the order, with provision for a reasonable
reserve; and
(ii) to cover such administrative costs as are incurred by
the Secretary, except that the administrative costs incurred
by the Secretary (other than any legal expenses incurred to
defend and enforce the order) that may be reimbursed by the
Board may not exceed 15 percent of the projected annual
revenues of the Board.
(B) Expenditures based on source of assessments.--In
implementing plans and projects of promotion, research,
consumer information, and industry information, the Board
shall expend funds on--
(i) plans and projects for popcorn marketed in the United
States or Canada in proportion to the amount of assessments
collected on domestically marketed popcorn; and
(ii) plans and projects for exported popcorn in proportion
to the amount of assessments collected on exported popcorn.
(C) Notification.--If the administrative costs incurred by
the Secretary that are reimbursed by the Board exceed 10
percent of the projected annual revenues of the Board, the
Secretary shall notify as soon as practicable the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(g) Prohibition on Use of Funds.--The order shall prohibit
any funds collected by the Board under the order from being
used to influence government action or policy, other than the
use of funds by the Board for the development and
recommendation to the Secretary of amendments to the order.
(h) Books and Records of the Board.--The order shall
require the Board to--
(1) maintain such books and records (which shall be
available to the Secretary for inspection and audit) as the
Secretary may prescribe;
(2) prepare and submit to the Secretary, from time to time,
such reports as the Secretary may prescribe; and
(3) account for the receipt and disbursement of all funds
entrusted to the Board.
(i) Books and Records of Processors.--
(1) Maintenance and reporting of information.--The order
shall require that each processor of popcorn for the market
shall--
(A) maintain, and make available for inspection, such books
and records as are required by the order; and
(B) file reports at such time, in such manner, and having
such content as is prescribed in the order.
(2) Use of information.--The Secretary shall authorize the
use of information regarding processors that may be
accumulated under a law or regulation other than this
subtitle or a regulation issued under this subtitle. The
information shall be made available to the Secretary as
appropriate for the administration or enforcement of this
subtitle, the order, or any regulation issued under this
subtitle.
(3) Confidentiality.--
(A) In general.--Subject to subparagraphs (B), (C), and
(D), all information obtained by the Secretary under
paragraphs (1) and (2) shall be kept confidential by all
officers, employees, and agents of the Board and the
Department.
(B) Disclosure by secretary.--Information referred to in
subparagraph (A) may be disclosed if--
(i) the Secretary considers the information relevant;
(ii) the information is revealed in a suit or
administrative hearing brought at the request of the
Secretary, or to which the Secretary or any officer of the
United States is a party; and
(iii) the information relates to the order.
(C) Disclosure to other agency of federal government.--
(i) In general.--No information obtained under the
authority of this subtitle may be made available to another
agency or officer of the Federal Government for any purpose
other than the implementation of this subtitle and any
investigatory or enforcement activity necessary for the
implementation of this subtitle.
(ii) Penalty.--A person who knowingly violates this
subparagraph shall, on conviction, be subject to a fine of
not more than $1,000 or to imprisonment for not more than 1
year, or both, and if an officer, employee, or agent of the
Board or the Department, shall be removed from office or
terminated from employment, as applicable.
(D) General statements.--Nothing in this paragraph
prohibits--
(i) the issuance of general statements based on the reports
of a number of persons subject to an order or statistical
data collected from the reports, if the statements do not
identify the information provided by any person; or
(ii) the publication, by direction of the Secretary, of the
name of a person violating the order, together with a
statement of the particular provisions of the order violated
by the person.
(j) Other Terms and Conditions.--The order shall contain
such other terms and conditions, consistent with this
subtitle, as are necessary to effectuate this subtitle,
including regulations relating to the assessment of late
payment charges.
SEC. 576. REFERENDA.
(a) Initial Referendum.--
(1) In general.--Within the 60-day period immediately
preceding the effective date of an order, as provided in
section 574(b)(3), the Secretary shall conduct a referendum
among processors who, during a representative period as
determined by the Secretary, have been engaged in processing,
for the purpose of ascertaining whether the order shall go
into effect.
(2) Approval of order.--The order shall become effective,
as provided in section 574(b), only if the Secretary
determines that the order has been approved by not less than
a majority of the processors voting in the referendum and if
the majority processed more than 50 percent of the popcorn
certified as having been processed, during the representative
period, by the processors voting.
(b) Additional Referenda.--
(1) In general.--Not earlier than 3 years after the
effective date of an order approved under subsection (a), on
the request of the Board or a representative group of
processors, as described in paragraph (2), the Secretary may
conduct additional referenda to determine whether processors
favor the suspension or termination of the order.
(2) Representative group of processors.--An additional
referendum on an order shall be conducted if the referendum
is requested by 30 percent or more of the number of
processors who, during a representative period as determined
by the Secretary, have been engaged in processing.
(3) Disapproval of order.--If the Secretary determines, in
a referendum conducted under paragraph (1), that suspension
or termination of the order is favored by at least \2/3\ of
the processors voting in the referendum, the Secretary
shall--
(A) suspend or terminate, as appropriate, collection of
assessments under the order not later than 180 days after the
date of determination; and
(B) suspend or terminate the order, as appropriate, in an
orderly manner as soon as practicable after the date of
determination.
(c) Costs of Referendum.--The Secretary shall be reimbursed
from assessments collected by the Board for any expenses
incurred by the Secretary in connection with the conduct of
any referendum under this section.
(d) Method of Conducting Referendum.--Subject to this
section, a referendum conducted under this section shall be
conducted in such manner as is determined by the Secretary.
(e) Confidentiality of Ballots and Other Information.--
(1) In general.--The ballots and other information or
reports that reveal or tend to reveal the vote of any
processor, or any business operation of a processor, shall be
considered to be strictly confidential and shall not be
disclosed.
(2) Penalty for violations.--An officer or employee of the
Department who knowingly violates paragraph (1) shall be
subject to the penalties described in section
575(i)(3)(C)(ii).
SEC. 577. PETITION AND REVIEW.
(a) Petition.--
(1) In general.--A person subject to an order may file with
the Secretary a petition--
(A) stating that the order, a provision of the order, or an
obligation imposed in connection with the order is not
established in accordance with law; and
(B) requesting a modification of the order or obligation or
an exemption from the order or obligation.
(2) Statute of limitations.--A petition under paragraph (1)
concerning an obligation may be filed not later than 2 years
after the date of imposition of the obligation.
(3) Hearings.--The petitioner shall be given the
opportunity for a hearing on a petition filed under paragraph
(1), in accordance with regulations issued by the Secretary.
(4) Ruling.--After a hearing under paragraph (3), the
Secretary shall issue a ruling on the petition that is the
subject of the hearing, which shall be final if the ruling is
in accordance with applicable law.
(b) Review.--
(1) Commencement of action.--The district court of the
United States for any district in which a person who is a
petitioner under subsection (a) resides or carries on
business shall have jurisdiction to review a ruling on the
petition, if the person files a complaint not later than 20
days after the date of issuance of the ruling under
subsection (a)(4).
[[Page 711]]
(2) Process.--Service of process in a proceeding under
paragraph (1) may be made on the Secretary by delivering a
copy of the complaint to the Secretary.
(3) Remands.--If the court determines, under paragraph (1),
that a ruling issued under subsection (a)(4) is not in
accordance with applicable law, the court shall remand the
matter to the Secretary with directions--
(A) to make such ruling as the court shall determine to be
in accordance with law; or
(B) to take such further proceedings as, in the opinion of
the court, the law requires.
(c) Enforcement.--The pendency of proceedings instituted
under subsection (a) may not impede, hinder, or delay the
Secretary or the Attorney General from taking action under
section 578.
SEC. 578. ENFORCEMENT.
(a) In General.--The Secretary may issue an enforcement
order to restrain or prevent any person from violating an
order or regulation issued under this subtitle and may assess
a civil penalty of not more than $1,000 for each violation of
the enforcement order, after an opportunity for an
administrative hearing, if the Secretary determines that the
administration and enforcement of the order and this subtitle
would be adequately served by such a procedure.
(b) Jurisdiction.--The district courts of the United States
are vested with jurisdiction specifically to enforce, and to
prevent and restrain any person from violating, an order or
regulation issued under this subtitle.
(c) Referral to Attorney General.--A civil action
authorized to be brought under this section shall be referred
to the Attorney General for appropriate action.
SEC. 579. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) Investigations.--The Secretary may make such
investigations as the Secretary considers necessary--
(1) for the effective administration of this subtitle; and
(2) to determine whether any person subject to this
subtitle has engaged, or is about to engage, in an act that
constitutes or will constitute a violation of this subtitle
or of an order or regulation issued under this subtitle.
(b) Oaths, Affirmations, and Subpoenas.--For the purpose of
an investigation under subsection (a), the Secretary may
administer oaths and affirmations, subpoena witnesses, compel
the attendance of witnesses, take evidence, and require the
production of any records that are relevant to the inquiry.
The attendance of witnesses and the production of records may
be required from any place in the United States.
(c) Aid of Courts.--
(1) Request.--In the case of contumacy by, or refusal to
obey a subpoena issued to, any person, the Secretary may
request the aid of any court of the United States within the
jurisdiction of which the investigation or proceeding is
carried on, or where the person resides or carries on
business, in requiring the attendance and testimony of the
person and the production of records.
(2) Enforcement order of the court.--The court may issue an
enforcement order requiring the person to appear before the
Secretary to produce records or to give testimony concerning
the matter under investigation.
(3) Contempt.--A failure to obey an enforcement order of
the court under paragraph (2) may be punished by the court as
a contempt of the court.
(4) Process.--Process in a case under this subsection may
be served in the judicial district in which the person
resides or carries on business or wherever the person may be
found.
SEC. 580. RELATION TO OTHER PROGRAMS.
Nothing in this subtitle preempts or supersedes any other
program relating to popcorn promotion organized and operated
under the laws of the United States or any State.
SEC. 581. REGULATIONS.
The Secretary may issue such regulations as are necessary
to carry out this subtitle.
SEC. 582. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle. Amounts made available
under this section or otherwise made available to the
Department, and amounts made available under any other
marketing or promotion order, may not be used to pay any
administrative expense of the Board.
Subtitle F--Miscellaneous
SEC. 591. MAINTENANCE OF RECORDS FOR HONEY PROMOTION PROGRAM.
Section 9(f) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4608(f)) is amended by inserting
``producers,'' after ``importers,''.
TITLE VI--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 601. LIMITATION ON DIRECT FARM OWNERSHIP LOANS.
Section 302 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922) is amended by striking subsection (b) and
inserting the following:
``(b) Direct Loans.--
``(1) In general.--Subject to paragraph (3), the Secretary
may make a direct loan under this subtitle only to a farmer
or rancher who has operated a farm or ranch for not less than
3 years and--
``(A) is a qualified beginning farmer or rancher;
``(B) has not received a previous direct farm ownership
loan made under this subtitle; or
``(C) has not received a direct farm ownership loan under
this subtitle more than 10 years before the date the new loan
would be made.
``(2) Youth loans.--The operation of an enterprise by a
youth under section 311(b) shall not be considered the
operation of a farm or ranch for purposes of paragraph (1).
``(3) Transition rule.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary may make a direct loan under this subtitle to a
farmer or rancher who has a direct loan outstanding under
this subtitle on the date of enactment of this paragraph.
``(B) Less than 5 years.--If, as of the date of enactment
of this paragraph, a farmer or rancher has had a direct loan
outstanding under this subtitle for less than 5 years, the
Secretary shall not make a loan to the farmer or rancher
under subparagraph (A) after the date that is 10 years after
the date of enactment of this paragraph.
``(C) 5 years or more.--If, as of the date of enactment of
this paragraph, a farmer or rancher has had a direct loan
outstanding under this subtitle for 5 years or more, the
Secretary shall not make a loan to the farmer or rancher
under subparagraph (A) after the date that is 5 years after
the date of enactment of this paragraph.''.
SEC. 602. PURPOSES OF LOANS.
(a) In General.--Section 303 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1923) is amended to read as
follows:
``SEC. 303. PURPOSES OF LOANS.
``(a) Allowed Purposes.--
``(1) Direct loans.--A farmer or rancher may use a direct
loan made under this subtitle only for--
``(A) acquiring or enlarging a farm or ranch;
``(B) making capital improvements to a farm or ranch;
``(C) paying loan closing costs related to acquiring,
enlarging, or improving a farm or ranch; or
``(D) paying for activities to promote soil and water
conservation and protection described in section 304 on a
farm or ranch.
``(2) Guaranteed loans.--A farmer or rancher may use a loan
guaranteed under this subtitle only for--
``(A) acquiring or enlarging a farm or ranch;
``(B) making capital improvements to a farm or ranch;
``(C) paying loan closing costs related to acquiring,
enlarging, or improving a farm or ranch;
``(D) paying for activities to promote soil and water
conservation and protection described in section 304 on a
farm or ranch; or
``(E) refinancing indebtedness.
``(b) Preferences.--In making or guaranteeing a loan under
this subtitle for purchase of a farm or ranch, the Secretary
shall give preference to a person who--
``(1) has a dependent family;
``(2) to the extent practicable, is able to make an initial
down payment on the farm or ranch; or
``(3) is an owner of livestock or farm or ranch equipment
that is necessary to successfully carry out farming or
ranching operations.
``(c) Hazard Insurance Requirement.--
``(1) In general.--After the Secretary makes the
determination required by paragraph (2), the Secretary may
not make a loan to a farmer or rancher under this subtitle
unless the farmer or rancher has, or agrees to obtain, hazard
insurance on any real property to be acquired or improved
with the loan.
``(2) Determination.--Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
determine the appropriate level of insurance to be required
under paragraph (1).''.
(b) Transitional Provision.--Section 303(c)(1) of the
Consolidated Farm and Rural Development Act shall not apply
until the Secretary of Agriculture makes the determination
required by section 303(c)(2) of the Act.
SEC. 603. SOIL AND WATER CONSERVATION AND PROTECTION.
Section 304 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1924) is amended--
(1) by striking subsections (b) and (c);
(2) by striking ``Sec. 304. (a)(1) Loans'' and inserting
the following:
``SEC. 304. SOIL AND WATER CONSERVATION AND PROTECTION.
``(a) In General.--Loans'';
(3) by striking ``(2) In making or insuring'' and inserting
the following:
``(b) Priority.--In making or guaranteeing'';
(4) by striking ``(3) The Secretary'' and inserting the
following:
``(c) Loan Maximum.--The Secretary'';
(5) by redesignating subparagraphs (A) through (F) of
subsection (a) (as amended by paragraph (2)) as paragraphs
(1) through (6), respectively; and
(6) by redesignating subparagraphs (A) and (B) of
subsection (c) (as amended by paragraph (4)) as paragraphs
(1) and (2), respectively.
SEC. 604. INTEREST RATE REQUIREMENTS.
Section 307(a)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1927(a)(3)) is amended--
(1) in subparagraph (B), by inserting ``subparagraph (D)
and in'' after ``Except as provided in''; and
(2) by adding at the end the following:
``(D) Joint financing arrangement.--If a direct farm
ownership loan is made under
[[Page 712]]
this subtitle as part of a joint financing arrangement and
the amount of the direct farm ownership loan does not exceed
50 percent of the total principal amount financed under the
arrangement, the interest rate on the direct farm ownership
loan shall be at least 4 percent annually.''.
SEC. 605. INSURANCE OF LOANS.
Section 308 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1928) is amended to read as follows:
``SEC. 308. FULL FAITH AND CREDIT.
``(a) In General.--A contract of insurance or guarantee
executed by the Secretary under this title shall be an
obligation supported by the full faith and credit of the
United States.
``(b) Contestability.--A contract of insurance or guarantee
executed by the Secretary under this title shall be
incontestable except for fraud or misrepresentation that the
lender or any holder--
``(1) has actual knowledge of at the time the contract or
guarantee is executed; or
``(2) participates in or condones.''.
SEC. 606. LOANS GUARANTEED.
Section 309(h) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929(h)) is amended by adding at
the end the following:
``(4) Maximum guarantee of 90 percent.--Except as provided
in paragraphs (5) and (6), a loan guarantee under this title
shall be for not more than 90 percent of the principal and
interest due on the loan.
``(5) Refinanced loans guaranteed at 95 percent.--The
Secretary shall guarantee 95 percent of--
``(A) in the case of a loan that solely refinances a direct
loan made under this title, the principal and interest due on
the loan on the date of the refinancing; or
``(B) in the case of a loan that is used for multiple
purposes, the portion of the loan that refinances the
principal and interest due on a direct loan made under this
title that is outstanding on the date the loan is guaranteed.
``(6) Beginning farmer loans guaranteed up to 95 percent.--
The Secretary may guarantee not more than 95 percent of--
``(A) a farm ownership loan for acquiring a farm or ranch
to a borrower who is participating in the down payment loan
program under section 310E; or
``(B) an operating loan to a borrower who is participating
in the down payment loan program under section 310E that is
made during the period that the borrower has a direct loan
outstanding under this subtitle for acquiring a farm or
ranch.''.
Subtitle B--Operating Loans
SEC. 611. LIMITATION ON DIRECT OPERATING LOANS.
(a) In General.--Section 311 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1941) is amended by striking
subsection (c) and inserting the following:
``(c) Direct Loans.--
``(1) In general.--Subject to paragraph (3), the Secretary
may make a direct loan under this subtitle only to a farmer
or rancher who--
``(A) is a qualified beginning farmer or rancher who has
not operated a farm or ranch, or who has operated a farm or
ranch for not more than 5 years;
``(B) has not received a previous direct operating loan
made under this subtitle; or
``(C) has received a previous direct operating loan made
under this subtitle during 6 or fewer years.
``(2) Youth loans.--In this subsection, the term `direct
operating loan' shall not include a loan made to a youth
under subsection (b).
``(3) Transition rule.--If, as of the date of enactment of
this paragraph, a farmer or rancher has received a direct
operating loan under this subtitle during each of 4 or more
previous years, the borrower shall be eligible to receive a
direct operating loan under this subtitle during 3 additional
years after the date of enactment of this paragraph.''.
(b) Youth Enterprises Not Farming or Ranching.--Section
311(b) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1941(b)) is amended by adding at the end the
following:
``(4) Youth enterprises not farming or ranching.--The
operation of an enterprise by a youth under this subsection
shall not be considered the operation of a farm or ranch
under this title.''.
SEC. 612. PURPOSES OF OPERATING LOANS.
(a) In General.--Section 312 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1942) is amended to read as
follows:
``SEC. 312. PURPOSES OF LOANS.
``(a) In General.--A direct loan may be made under this
subtitle only for--
``(1) paying the costs incident to reorganizing a farm or
ranch for more profitable operation;
``(2) purchasing livestock, poultry, or farm or ranch
equipment;
``(3) purchasing feed, seed, fertilizer, insecticide, or
farm or ranch supplies, or to meet other essential farm or
ranch operating expenses, including cash rent;
``(4) financing land or water development, use, or
conservation;
``(5) paying loan closing costs;
``(6) assisting a farmer or rancher in changing the
equipment, facilities, or methods of operation of a farm or
ranch to comply with a standard promulgated under section 6
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655) or a standard adopted by a State under a plan approved
under section 18 of the Act (29 U.S.C. 667), if the Secretary
determines that without assistance under this paragraph the
farmer or rancher is likely to suffer substantial economic
injury in complying with the standard;
``(7) training a limited-resource borrower receiving a loan
under section 310D in maintaining records of farming and
ranching operations;
``(8) training a borrower under section 359;
``(9) refinancing the indebtedness of a borrower, if the
borrower--
``(A) has refinanced a loan under this subtitle not more
than 4 times previously; and
``(B)(i) is a direct loan borrower under this title at the
time of the refinancing and has suffered a qualifying loss
because of a natural disaster declared by the Secretary under
this title or a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
``(ii) is refinancing a debt obtained from a creditor other
than the Secretary; or
``(10) providing other farm, ranch, or home needs,
including family subsistence.
``(b) Guaranteed Loans.--A loan may be guaranteed under
this subtitle only for--
``(1) paying the costs incident to reorganizing a farm or
ranch for more profitable operation;
``(2) purchasing livestock, poultry, or farm or ranch
equipment;
``(3) purchasing feed, seed, fertilizer, insecticide, or
farm or ranch supplies, or to meet other essential farm or
ranch operating expenses, including cash rent;
``(4) financing land or water development, use, or
conservation;
``(5) refinancing indebtedness;
``(6) paying loan closing costs;
``(7) assisting a farmer or rancher in changing the
equipment, facilities, or methods of operation of a farm or
ranch to comply with a standard promulgated under section 6
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655) or a standard adopted by a State under a plan approved
under section 18 of the Act (29 U.S.C. 667), if the Secretary
determines that without assistance under this paragraph the
farmer or rancher is likely to suffer substantial economic
injury due to compliance with the standard;
``(8) training a borrower under section 359; or
``(9) providing other farm, ranch, or home needs, including
family subsistence.
``(c) Hazard Insurance Requirement.--
``(1) In general.--After the Secretary makes the
determination required by paragraph (2), the Secretary may
not make a loan to a farmer or rancher under this subtitle
unless the farmer or rancher has, or agrees to obtain, hazard
insurance on the property to be acquired with the loan.
``(2) Determination.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary shall
determine the appropriate level of insurance to be required
by paragraph (1).
``(d) Private Reserve.--
``(1) In general.--Notwithstanding any other provision of
this title, the Secretary may reserve a portion of any loan
made under this subtitle to be placed in an unsupervised bank
account that may be used at the discretion of the borrower
for the basic family needs of the borrower and the immediate
family of the borrower.
``(2) Limit on size of the reserve.--The size of the
reserve shall not exceed the least of--
``(A) 10 percent of the loan;
``(B) $5,000; or
``(C) the amount needed to provide for the basic family
needs of the borrower and the borrower's immediate family for
3 calendar months.''.
(b) Transitional Provision.--Section 312(c)(1) of the
Consolidated Farm and Rural Development Act shall not apply
until the Secretary of Agriculture makes the determination
required by section 312(c)(2) of the Act.
SEC. 613. PARTICIPATION IN LOANS.
Section 315 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1945) is repealed.
SEC. 614. LINE-OF-CREDIT LOANS.
Section 316 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1946) is amended by adding at the end the
following:
``(c) Line-of-Credit Loans.--
``(1) In general.--A loan made or guaranteed by the
Secretary under this subtitle may be in the form of a line-
of-credit loan.
``(2) Term.--A line-of-credit loan under paragraph (1)
shall terminate not later than 5 years after the date that
the loan is made or guaranteed.
``(3) Eligibility.--For purposes of determining eligibility
for a farm operating loan under this subtitle, each year
during which a farmer or rancher takes an advance or draws on
a line-of-credit loan the farmer or rancher shall be
considered to have received an operating loan for 1 year.
``(4) Termination of delinquent loans.--If a borrower does
not pay an installment on a line-of-credit loan on schedule,
the borrower may not take an advance or draw on the line-of-
credit, unless the Secretary determines that--
``(A) the borrower's failure to pay on schedule was due to
unusual conditions that the borrower could not control; and
``(B) the borrower will reduce the line-of-credit balance
to the scheduled level at the end of--
``(i) the production cycle; or
``(ii) the marketing of the borrower's agricultural
products.
``(5) Agricultural commodities.--A line-of-credit loan may
be used to finance the
[[Page 713]]
production or marketing of an agricultural commodity that--
``(A) is eligible for a price support program of the
Department of Agriculture; or
``(B) was eligible for a price support program of the
Department of Agriculture on the day before the date of
enactment of the Federal Agriculture Improvement and Reform
Act of 1996.''.
SEC. 615. INSURANCE OF OPERATING LOANS.
Section 317 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1947) is repealed.
SEC. 616. SPECIAL ASSISTANCE FOR BEGINNING FARMERS AND
RANCHERS.
(a) In General.--Section 318 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1948) is repealed.
(b) Conforming Amendment.--Section 310F of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1936) is repealed.
SEC. 617. LIMITATION ON PERIOD FOR WHICH BORROWERS ARE
ELIGIBLE FOR GUARANTEED ASSISTANCE.
Section 319 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1949) is amended by striking subsection (b) and
inserting the following:
``(b) Limitation on Period Borrowers Are Eligible for
Guaranteed Assistance.--
``(1) General rule.--Subject to paragraph (2), the
Secretary shall not guarantee a loan under this subtitle for
a borrower for any year after the 15th year that a loan is
made to, or a guarantee is provided with respect to, the
borrower under this subtitle.
``(2) Transition rule.--If, as of October 28, 1992, a
farmer or rancher has received a direct or guaranteed
operating loan under this subtitle during each of 10 or more
previous years, the borrower shall be eligible to receive a
guaranteed operating loan under this subtitle during 5
additional years after October 28, 1992.''.
Subtitle C--Emergency Loans
SEC. 621. HAZARD INSURANCE REQUIREMENT.
(a) In General.--Section 321 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961) is amended by striking
subsection (b) and inserting the following:
``(b) Hazard Insurance Requirement.--
``(1) In general.--After the Secretary makes the
determination required by paragraph (2), the Secretary may
not make a loan to a farmer or rancher under this subtitle to
cover a property loss unless the farmer or rancher had hazard
insurance that insured the property at the time of the loss.
``(2) Determination.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary shall
determine the appropriate level of insurance to be required
under paragraph (1).''.
(b) Transitional Provision.--Section 321(b)(1) of the
Consolidated Farm and Rural Development Act shall not apply
until the Secretary of Agriculture makes the determination
required by section 321(b)(2) of the Act.
SEC. 622. NARROWING OF AUTHORITY TO WAIVE APPLICATION OF THE
CREDIT ELSEWHERE TEST.
The second proviso of section 322(b) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1962(b)) is amended
by striking ``$300,000 or less'' and inserting ``$100,000 or
less''.
SEC. 623. LINKING OF EMERGENCY LOANS FOR CROP OR LIVESTOCK
CHANGES TO NATURAL DISASTERS.
Section 323 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1963) is amended by inserting ``that are
necessitated by a natural disaster, major disaster, or
emergency and that are'' after ``livestock changes''.
SEC. 624. MAXIMUM EMERGENCY LOAN INDEBTEDNESS.
Section 324 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1964) is amended by striking ``Sec. 324. (a) No
loan'' and all that follows through the end of subsection (a)
and inserting the following:
``SEC. 324. TERMS OF LOANS.
``(a) Maximum Amount of Loan.--The Secretary may not make a
loan under this subtitle to a borrower who has suffered a
loss in an amount that--
``(1) exceeds the actual loss caused by a disaster; or
``(2) would cause the total indebtedness of the borrower
under this subtitle to exceed $500,000.''.
SEC. 625. ESTABLISHMENT OF DATE FOR EMERGENCY LOAN ASSET
VALUATION.
The last sentence of section 324(d) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1964(d)) is amended
by striking ``value the assets'' and all that follows through
the period and inserting ``establish the value of the assets
as of the day before the occurrence of the natural disaster,
major disaster, or emergency that is the basis for a request
for assistance under this subtitle or the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).''.
SEC. 626. INSURANCE OF EMERGENCY LOANS.
Section 328 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1968) is repealed.
Subtitle D--Administrative Provisions
SEC. 631. TEMPORARY AUTHORITY TO ENTER INTO CONTRACTS.
Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981) is amended by adding at the end the
following:
``(d) Temporary Authority To Enter Into Contracts.--
``(1) Definitions.--In this subsection:
``(A) Eligible financial institution.--The term `eligible
financial institution' means a financial institution with
substantial experience in farm, ranch, or aquaculture lending
that is regulated by the Comptroller of the Currency, the
Farm Credit Administration, or a similar regulatory body.
``(B) Pilot project.--The term `pilot project' includes
services related to borrower loan documentation, financial
information, credit history, and appraisals of real estate
and chattel.
``(2) Authority.--The Secretary may enter into a contract
with an eligible financial institution for servicing a farmer
program loan under this title, including 1 or more pilot
projects.
``(3) Report.--Not later than September 30, 1997, and
September 30 of each year thereafter, the Secretary shall
report to Congress on--
``(A) the Secretary's experience in using contracts under
paragraph (2); and
``(B) recommendations for legislation related to this
subsection, if any.
``(4) Savings clause.--Nothing in this subsection shall
limit the authority of the Secretary or an eligible financial
institution to contract for any services under this Act or
any other law.
``(5) Sunset provision.--This subsection shall be effective
until September 30, 2002.''.
SEC. 632. USE OF COLLECTION AGENCIES.
Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981) (as amended by section 631) is amended by
adding at the end the following:
``(e) Private Collection Agency.--The Secretary may use a
private collection agency to collect a claim or obligation
described in subsection (b)(5).''.
SEC. 633. NOTICE OF LOAN SERVICE PROGRAMS.
Section 331D(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981d(a)) is amended by striking
``180 days delinquent in'' and inserting ``90 days past due
on''.
SEC. 634. CLARIFICATION OF WRITTEN STATEMENT REQUIRED OF
BORROWERS.
Section 333(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983(1)(B)) is amended by striking
``a written statement showing the applicant's net worth'' and
inserting ``an appropriate written financial statement''.
SEC. 635. ANNUAL REVIEW OF THE CREDIT HISTORY, BUSINESS
OPERATION, AND CONTINUED ELIGIBILITY OF A
BORROWER.
(a) In General.--Section 333 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) except with respect to a loan under section 306,
310B, or 314, the county or area committee established under
section 8(b)(5)(B) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(5)(B)) to certify in
writing--
``(A) that an annual review of the credit history and
business operation of the borrower has been conducted; and
``(B) that a review of the continued eligibility of the
borrower for the loan has been conducted;''.
(b) Conforming Amendment.--The third sentence of section
310B(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(a)) is amended by striking ``(3) of'' and
inserting ``(4) of''.
SEC. 636. EXTENSION OF VETERANS PREFERENCE.
Section 333 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983) (as amended by section 635(a)) is amended
by striking paragraph (5) and inserting the following:
``(5) the application of a person who is a veteran of any
war, as defined in section 101(12) of title 38, United States
Code, for a loan under subtitle A or B to be given preference
over a similar application from a person who is not a veteran
of any war, if the applications are on file in a county or
area office at the same time.''.
SEC. 637. VERIFICATION OF THE CREDIT ELSEWHERE TEST.
Section 333A(f)(4) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a(f)(4)) is amended--
(1) by striking ``(4) With'' and all that follows through
``seasoned'' and inserting the following:
``(4) Verification.--
``(A) In general.--The Secretary shall provide a prospectus
of a seasoned''; and
(2) by striking ``If the Secretary'' and inserting the
following:
``(B) Notification.--The Secretary shall notify each
borrower of a loan that a prospectus has been provided to a
lender under subparagraph (A).
``(C) Credit extended.--If the Secretary''.
SEC. 638. SALE OF PROPERTY.
Section 335 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1985) is amended--
(1) in subsection (b), by striking ``subsection (e)'' and
inserting ``subsections (c) and (e)'';
(2) by striking subsection (c) and inserting the following:
``(c) Sale of Property.--
``(1) In general.--Subject to this subsection and
subsection (e)(1)(A), the Secretary shall offer to sell real
property that is acquired by the Secretary under this title
using the following order and method of sale:
[[Page 714]]
``(A) Advertisement.--Not later than 15 days after
acquiring real property, the Secretary shall publicly
advertise the property for sale.
``(B) Beginning farmer or rancher.--
``(i) In general.--Not later than 75 days after acquiring
real property, the Secretary shall offer to sell the property
to a qualified beginning farmer or rancher at current market
value based on a current appraisal.
``(ii) Random selection.--If more than 1 qualified
beginning farmer or rancher offers to purchase the property,
the Secretary shall select between the qualified applicants
on a random basis.
``(iii) Appeal of random selection.--A random selection or
denial by the Secretary of a beginning farmer or rancher for
farm inventory property under this subparagraph shall be
final and not administratively appealable.
``(C) Public sale.--If no acceptable offer is received from
a qualified beginning farmer or rancher under subparagraph
(B) not later than 75 days after acquiring the real property,
the Secretary shall, not later than 30 days after the 75-day
period, sell the property after public notice at a public
sale, and, if no acceptable bid is received, by negotiated
sale, at the best price obtainable.
``(2) Transitional rules.--
``(A) Previous lease.--In the case of real property
acquired prior to the date of enactment of this subparagraph
that the Secretary leased prior to the date of enactment of
this subparagraph, not later than 60 days after the lease
expires, the Secretary shall offer to sell the property in
accordance with paragraph (1).
``(B) Previously in inventory.--In the case of real
property acquired prior to the date of enactment of this
subparagraph that the Secretary has not leased, not later
than 60 days after the date of enactment of this
subparagraph, the Secretary shall offer to sell the property
in accordance with paragraph (1).
``(3) Interest.--
``(A) In general.--Subject to subparagraph (B), any
conveyance of real property under this subsection shall
include all of the interest of the United States in the
property, including mineral rights.
``(B) Conservation.--The Secretary may for conservation
purposes grant or sell an easement, restriction, development
right, or similar legal right to real property to a State, a
political subdivision of a State, or a private nonprofit
organization separately from the underlying fee or other
rights to the property owned by the United States.
``(4) Other law.--The Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.) shall not apply
to any exercise of authority under this title.
``(5) Lease of property.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may not lease any real property acquired under this
title.
``(B) Exception.--
``(i) Beginning farmer or rancher.--The Secretary may lease
or contract to sell to a beginning farmer or rancher a farm
or ranch acquired by the Secretary under this title if the
beginning farmer or rancher qualifies for a credit sale or
direct farm ownership loan under subtitle A but credit sale
authority for loans or direct farm ownership loan funds,
respectively, are not available.
``(ii) Term.--The term of a lease or contract to sell to a
beginning farmer or rancher under clause (i) shall be until
the earlier of--
``(I) the date that is 18 months after the date of the
lease or sale; or
``(II) the date that direct farm ownership loan funds or
credit sale authority for loans becomes available to the
beginning farmer or rancher.
``(iii) Income-producing capability.--In determining the
rental rate on real property leased under this subparagraph,
the Secretary shall consider the income-producing capability
of the property during the term that the property is leased.
``(6) Expedited determination.--
``(A) In general.--On the request of an applicant, not
later than 30 days after denial of the applicant's
application, the appropriate State director shall provide an
expedited review and determination of whether the applicant
is a beginning farmer or rancher for the purpose of acquiring
farm inventory property.
``(B) Appeal.--The determination of a State Director under
subparagraph (A) shall be final and not administratively
appealable.
``(C) Effects of determinations.--
``(i) In general.--The Secretary shall maintain statistical
data on the number and results of determinations made under
subparagraph (A) and the effect of the determinations on--
``(I) selling farm inventory property to beginning farmers
and ranchers; and
``(II) disposing of real property in inventory.
``(ii) Notification.--The Secretary shall notify the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate if the Secretary determines that the review process
under subparagraph (A) is adversely affecting the selling of
farm inventory property to beginning farmers or ranchers or
the disposing of real property in inventory.''; and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) through (C);
(ii) by redesignating subparagraphs (D) through (G) as
subparagraphs (A) through (D), respectively;
(iii) in subparagraph (A) (as redesignated by clause
(ii))--
(I) in clause (i)--
(aa) in the matter preceding subclause (I), by striking
``(G)'' and inserting ``(D)'';
(bb) by striking subclause (I) and inserting the following:
``(I) the Secretary acquires property under this title that
is located within an Indian reservation; and'';
(cc) in subclause (II), by striking ``, and'' at the end
and inserting a semicolon; and
(dd) by striking subclause (III); and
(II) in clause (iii), by striking ``The Secretary shall''
and all that follows through ``of subparagraph (A),'' and
inserting ``Not later than 90 days after acquiring the
property, the Secretary shall''; and
(iv) in subparagraph (D) (as redesignated by clause (ii))--
(I) in clause (i), by striking ``(D)'' in the matter
following subclause (IV) and inserting ``(A)'';
(II) in clause (iii)(I), by striking ``subparagraphs
(C)(i), (C)(ii), and (D)'' and inserting ``subparagraph
(A)''; and
(III) by striking clause (v) and inserting the following:
``(v) Foreclosure procedures.--
``(I) Notice to borrower.--If an Indian borrower-owner does
not voluntarily convey to the Secretary real property
described in clause (i), not less than 30 days before a
foreclosure sale of the property, the Secretary shall provide
the Indian borrower-owner with the option of--
``(aa) requiring the Secretary to assign the loan and
security instruments to the Secretary of the Interior, if the
Secretary of the Interior agrees to an assignment releasing
the Secretary of Agriculture from all further responsibility
for collection of any amounts with regard to the loan secured
by the real property; or
``(bb) requiring the Secretary to assign the loan and
security instruments to the tribe having jurisdiction over
the reservation in which the real property is located, if the
tribe agrees to the assignment.
``(II) Notice to tribe.--If an Indian borrower-owner does
not voluntarily convey to the Secretary real property
described in clause (i), not less than 30 days before a
foreclosure sale of the property, the Secretary shall provide
written notice to the Indian tribe that has jurisdiction over
the reservation in which the real property is located of--
``(aa) the sale;
``(bb) the fair market value of the property; and
``(cc) the requirements of this subparagraph.
``(III) Assumed loans.--If an Indian tribe assumes a loan
under subclause (I)--
``(aa) the Secretary shall not foreclose the loan because
of any default that occurred prior to the date of the
assumption;
``(bb) the loan shall be for the lesser of the outstanding
principal and interest of the loan or the fair market value
of the property; and
``(cc) the loan shall be treated as though the loan was
made under Public Law 91-229 (25 U.S.C. 488 et seq.).'';
(B) by striking paragraph (3);
(C) in paragraph (4)--
(i) by striking subparagraph (B);
(ii) in subparagraph (A)--
(I) in clause (i), by striking ``(i)''; and
(II) by redesignating clause (ii) as subparagraph (B); and
(iii) in subparagraph (B) (as redesignated by clause
(ii)(II)), by striking ``clause (i)'' and inserting
``subparagraph (A)'';
(D) by striking paragraphs (5), (6), and (9); and
(E) by redesignating paragraphs (4), (7), (8), and (10) as
paragraphs (3), (4), (5), and (6), respectively.
SEC. 639. EASEMENTS ON INVENTORIED PROPERTY.
Section 335(g) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1985(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``(g)(1) Subject to paragraphs (2) through
(5)'' and inserting the following:
``(g) Easements on Inventoried Property.--
``(1) In general.--Subject to paragraph (2)''; and
(B) by striking ``, as determined'' and all that follows
through ``3801 et seq.)'';
(2) by striking paragraph (2) and inserting the following:
``(2) Limitation.--The Secretary shall not establish a
wetland conservation easement on an inventoried property
that--
``(A) was cropland on the date the property entered the
inventory of the Secretary; or
``(B) was used for farming at any time during the period
beginning on the date 5 years before the property entered the
inventory of the Secretary and ending on the date the
property entered the inventory of the Secretary.'';
(3) by striking paragraphs (3), (4), (5), and (8);
(4) by striking ``(6) The Secretary'' and inserting the
following:
``(3) Notification.--The Secretary''; and
(5) by striking ``(7) The appraised'' and inserting the
following:
``(4) Appraised value.--The appraised''.
SEC. 640. DEFINITIONS.
Section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)) is amended--
(1) in paragraph (11)--
(A) in the text preceding subparagraph (A), by striking
``applicant--'' and inserting ``ap
[[Page 715]]
plicant, regardless of whether the applicant is participating
in a program under section 310E--''; and
(B) in subparagraph (F)--
(i) by striking ``15 percent'' and inserting ``25
percent''; and
(ii) by inserting before the semicolon at the end the
following: ``, except that this subparagraph shall not apply
to a loan made or guaranteed under subtitle B''; and
(2) by adding at the end the following:
``(12) Debt forgiveness.--
``(A) In general.--Except as provided in subparagraph (B),
the term `debt forgiveness' means reducing or terminating a
farmer program loan made or guaranteed under this title, in a
manner that results in a loss to the Secretary, through--
``(i) writing down or writing off a loan under section 353;
``(ii) compromising, adjusting, reducing, or charging-off a
debt or claim under section 331;
``(iii) paying a loss on a guaranteed loan under section
357; or
``(iv) discharging a debt as a result of bankruptcy.
``(B) Loan restructuring.--The term `debt forgiveness' does
not include consolidation, rescheduling, reamortization, or
deferral.''.
SEC. 641. AUTHORIZATION FOR LOANS.
Section 346 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994) is amended--
(1) in the second sentence of subsection (a), by striking
``with or without'' and all that follows through
``administration''; and
(2) by striking subsection (b) and inserting the following:
``(b) Authorization for Loans.--
``(1) In general.--The Secretary may make or guarantee
loans under subtitles A and B from the Agricultural Credit
Insurance Fund provided for in section 309 in not more than
the following amounts:
``(A) Fiscal year 1996.--For fiscal year 1996,
$3,085,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,500,000,000 shall be for guaranteed loans, of
which--
``(I) $600,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $1,900,000,000 shall be for guarantees of operating
loans under subtitle B.
``(B) Fiscal year 1997.--For fiscal year 1997,
$3,165,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,580,000,000 shall be for guaranteed loans, of
which--
``(I) $630,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $1,950,000,000 shall be for guarantees of operating
loans under subtitle B.
``(C) Fiscal year 1998.--For fiscal year 1998,
$3,245,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,660,000,000 shall be for guaranteed loans, of
which--
``(I) $660,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $2,000,000,000 shall be for guarantees of operating
loans under subtitle B.
``(D) Fiscal year 1999.--For fiscal year 1999,
$3,325,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,740,000,000 shall be for guaranteed loans, of
which--
``(I) $690,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $2,050,000,000 shall be for guarantees of operating
loans under subtitle B.
``(E) Fiscal year 2000.--For fiscal year 2000,
$3,435,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,850,000,000 shall be for guaranteed loans, of
which--
``(I) $750,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $2,100,000,000 shall be for guarantees of operating
loans under subtitle B.
``(F) Fiscal year 2001.--For fiscal year 2001,
$3,435,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,850,000,000 shall be for guaranteed loans, of
which--
``(I) $750,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $2,100,000,000 shall be for guarantees of operating
loans under subtitle B.
``(G) Fiscal year 2002.--For fiscal year 2002,
$3,435,000,000, of which--
``(i) $585,000,000 shall be for direct loans, of which--
``(I) $85,000,000 shall be for farm ownership loans under
subtitle A; and
``(II) $500,000,000 shall be for operating loans under
subtitle B; and
``(ii) $2,850,000,000 shall be for guaranteed loans, of
which--
``(I) $750,000,000 shall be for guarantees of farm
ownership loans under subtitle A; and
``(II) $2,100,000,000 shall be for guarantees of operating
loans under subtitle B.
``(2) Beginning farmers and ranchers.--
``(A) Direct loans.--
``(i) Farm ownership loans.--
``(I) In general.--Of the amounts made available under
paragraph (1) for direct farm ownership loans, the Secretary
shall reserve 70 percent for qualified beginning farmers and
ranchers.
``(II) Down payment loans.--Of the amounts reserved for a
fiscal year under subclause (I), the Secretary shall reserve
60 percent for the down payment loan program under section
310E until April 1 of the fiscal year.
``(ii) Operating loans.--Of the amounts made available
under paragraph (1) for direct operating loans, the Secretary
shall reserve for qualified beginning farmers and ranchers--
``(I) for each of fiscal years 1996 through 1998, 25
percent;
``(II) for fiscal year 1999, 30 percent; and
``(III) for each of fiscal years 2000 through 2002, 35
percent.
``(iii) Funds reserved until september 1.--Except as
provided in clause (i)(II), funds reserved for qualified
beginning farmers or ranchers under this subparagraph for a
fiscal year shall be reserved only until September 1 of the
fiscal year.
``(B) Guaranteed loans.--
``(i) Farm ownership loans.--Of the amounts made available
under paragraph (1) for guarantees of farm ownership loans,
the Secretary shall reserve 25 percent for qualified
beginning farmers and ranchers.
``(ii) Operating loans.--Of the amounts made available
under paragraph (1) for guarantees of operating loans, the
Secretary shall reserve 40 percent for qualified beginning
farmers and ranchers.
``(iii) Funds reserved until april 1.--Funds reserved for
qualified beginning farmers or ranchers under this
subparagraph for a fiscal year shall be reserved only until
April 1 of the fiscal year.
``(C) Reserved funds for all qualified beginning farmers
and ranchers.--If a qualified beginning farmer or rancher
meets the eligibility criteria for receiving a direct or
guaranteed loan under section 302, 310E, or 311, the
Secretary shall make or guarantee the loan if sufficient
funds reserved under this paragraph are available to make or
guarantee the loan.
``(3) Transfer for down payment loans.--
``(A) In general.--Notwithstanding subsection (a), subject
to subparagraph (B)--
``(i) beginning on August 1 of each fiscal year, the
Secretary shall use available unsubsidized guaranteed farm
operating loan funds to provide direct farm ownership loans
approved by the Secretary to qualified beginning farmers and
ranchers under the down payment loan program established
under section 310E, if sufficient direct farm ownership loan
funds are not otherwise available; and
``(ii) beginning on September 1 of each fiscal year, the
Secretary shall use available unsubsidized guaranteed farm
operating loan funds to provide direct farm ownership loans
approved by the Secretary to qualified beginning farmers and
ranchers, if sufficient direct farm ownership loan funds are
not otherwise available.
``(B) Limitation.--The Secretary shall limit the transfer
of funds under subparagraph (A) so that all guaranteed farm
operating loans that have been approved, or will be approved,
by the Secretary during the fiscal year will be made to the
extent of available amounts.
``(4) Transfer for credit sales of farm inventory
property.--
``(A) In general.--Notwithstanding subsection (a), subject
to subparagraphs (B) and (C), beginning on September 1 of
each fiscal year, the Secretary may use available funds made
available under subtitle C for the fiscal year to fund the
credit sale of farm real estate in the inventory of the
Secretary.
``(B) Supplemental appropriations.--The transfer authority
provided under subparagraph (A) shall not apply to any funds
made available to the Secretary for any fiscal year under an
Act making supplemental appropriations.
``(C) Limitation.--The Secretary shall limit the transfer
of funds under subparagraph (A) so that all emergency
disaster loans that have been approved, or will be approved,
by the Secretary during the fiscal year will be made to the
extent of available amounts.''.
SEC. 642. CONTRACTS ON LOAN SECURITY PROPERTIES.
Section 349 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1997) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Contracts on Loan Security Properties.--Subject to
subsection (c), the Secretary may enter into a contract
related to real property for conservation, recreation, or
wildlife purposes.'';
(2) in subsection (c)--
(A) by striking ``(c) Such easement'' and all that follows
through ``if--'' and inserting the following:
``(c) Limitations.--The Secretary may enter into a contract
under subsection (b) if--'';
[[Page 716]]
(B) in paragraph (2), by adding ``and'' at the end;
(C) in paragraph (3)--
(i) by striking subparagraph (B);
(ii) by striking ``(3)(A)(i)'' and inserting ``(3)(A)'';
(iii) by striking ``Farmers Home Administration'' and
inserting ``Secretary'';
(iv) by striking ``(ii) such easement'' and inserting ``(B)
such contract''; and
(v) by striking ``; or'' and inserting a period; and
(D) by striking paragraph (4);
(3) in subsection (d), by striking ``easement'' each place
it appears and inserting ``contract'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``purchase any such easement from the borrower--'' and
inserting ``reduce or forgive the outstanding debt of a
borrower--'';
(ii) by striking ``easement'' each place it appears and
inserting ``contract''; and
(iii) by striking ``Farmers Home Administration'' each
place it appears and inserting ``Secretary''; and
(B) in paragraph (2)(A), by striking ``easement is
acquired'' and inserting ``contract is entered into'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``acquire easements'' and
inserting ``enter into contracts''; and
(B) in paragraphs (2) and (3), by striking ``easements''
each place it appears and inserting ``contracts''; and
(6) in subsection (g), by striking ``an easement acquired''
and inserting ``a contract entered into''.
SEC. 643. LIST OF CERTIFIED LENDERS AND INVENTORY PROPERTY
DEMONSTRATION PROJECT.
(a) In General.--Section 351 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1999) is amended--
(1) in subsection (f)--
(A) by striking ``Each Farmers Home Administration county
supervisor'' and inserting ``The Secretary'';
(B) by striking ``approved lenders'' and inserting
``lenders''; and
(C) by striking ``the Farmers Home Administration''; and
(2) by striking subsection (h).
(b) Technical Amendment.--Section 1320 of the Food Security
Act of 1985 (Public Law 99-198; 7 U.S.C. 1999 note) is
amended by striking ``Effective only'' and all that follows
through ``1995, the'' and inserting ``The''.
SEC. 644. HOMESTEAD PROPERTY.
Section 352(c) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2000(c)) is amended--
(1) in paragraph (1)(A), by striking ``90'' each place it
appears and inserting ``30''; and
(2) in paragraph (6)--
(A) in the first sentence, by striking ``Within 30'' and
all that follows through ``title,'' and insert ``Not later
than the date of acquisition of the property securing a loan
made under this title (or, in the case of real property in
inventory on the date of enactment of the Federal Agriculture
Improvement and Reform Act of 1996, not later than 5 days
after the date of enactment of the Act),''; and
(B) by striking the second sentence.
SEC. 645. RESTRUCTURING.
Section 353 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2001) is amended--
(1) in subsection (c)--
(A) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) Cash flow margin.--For the purpose of assessing under
subparagraph (A) the ability of a borrower to meet debt
obligations and continue farming operations, the Secretary
shall assume that the borrower needs up to 110 percent of the
amount indicated for payment of farm operating expenses, debt
service obligations, and family living expenses.''; and
(B) by striking paragraph (6) and inserting the following:
``(6) Termination of loan obligations.--The obligations of
a borrower to the Secretary under a loan shall terminate if--
``(A) the borrower satisfies the requirements of paragraphs
(1) and (2) of subsection (b);
``(B) the value of the restructured loan is less than the
recovery value; and
``(C) not later than 90 days after receipt of the
notification described in paragraph (4)(B), the borrower pays
(or obtains third-party financing to pay) the Secretary an
amount equal to the current market value.'';
(2) by striking subsection (k); and
(3) by redesignating subsections (l) through (p) as
subsections (k) through (o), respectively.
SEC. 646. TRANSFER OF INVENTORY LAND FOR CONSERVATION
PURPOSES.
Section 354 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2002) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary, without reimbursement,'' and inserting the
following:
``(a) In General.--Subject to subsection (b), the
Secretary'';
(2) by striking paragraph (2) and inserting the following:
``(2) that is eligible to be disposed of in accordance with
section 335; and''; and
(3) by adding at the end the following:
``(b) Conditions.--The Secretary may not transfer any
property or interest in property under subsection (a)
unless--
``(1) at least 2 public notices are given of the transfer;
``(2) if requested, at least 1 public meeting is held prior
to the transfer; and
``(3) the Governor and at least 1 elected county official
of the State and county where the property is located are
consulted prior to the transfer.''.
SEC. 647. IMPLEMENTATION OF TARGET PARTICIPATION RATES.
Section 355 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003) is amended by adding at the end the
following:
``(f) Implementation Consistent With Supreme Court
Holding.--Not later than 180 days after the date of enactment
of this subsection, the Secretary shall ensure that the
implementation of this section is consistent with the holding
of the Supreme Court in Adarand Constructors, Inc. v.
Federico Pena, Secretary of Transportation, 115 S. Ct. 2097
(1995).''.
SEC. 648. DELINQUENT BORROWERS.
(a) Payment of Interest as a Condition of Loan Servicing
for Borrowers.--The Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.) is amended by adding at the end
the following:
``SEC. 372. PAYMENT OF INTEREST AS A CONDITION OF LOAN
SERVICING FOR BORROWERS.
``The Secretary may not reschedule or reamortize a loan for
a borrower under this title who has not requested
consideration under section 331D(e) unless the borrower pays
a portion, as determined by the Secretary, of the interest
due on the loan.''.
(b) Loan and Loan Servicing Limitations.--The Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) (as
amended by subsection (a)) is amended by adding at the end
the following:
``SEC. 373. LOAN AND LOAN SERVICING LIMITATIONS.
``(a) Delinquent Borrowers Prohibited From Obtaining Direct
Operating Loans.--The Secretary may not make a direct
operating loan under subtitle B to a borrower who is
delinquent on any loan made or guaranteed under this title.
``(b) Loans Prohibited for Borrowers That Have Received
Debt Forgiveness.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may not make or guarantee a loan under this title
to a borrower who received debt forgiveness on a loan made or
guaranteed under this title.
``(2) Exception.--The Secretary may make a direct or
guaranteed farm operating loan for paying annual farm or
ranch operating expenses of a borrower who was restructured
with a write-down under section 353.
``(c) No More Than 1 Debt Forgiveness For A Borrower On A
Direct Loan.--The Secretary may not provide to a borrower
debt forgiveness on a direct loan made under this title if
the borrower has received debt forgiveness on another direct
loan made under this title.''.
SEC. 649. SHORT FORM CERTIFICATION OF FARM PROGRAM BORROWER
COMPLIANCE.
The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) (as amended by section 648) is amended by
adding at the end the following:
``SEC. 374. SHORT FORM CERTIFICATION OF FARM PROGRAM BORROWER
COMPLIANCE.
``The Secretary shall develop and utilize a consolidated
short form for farm program borrowers to use in certifying
compliance with any applicable provision of law (including a
regulation) that serves as an eligibility prerequisite for a
loan made under this title.''.
SEC. 650. CREDIT STUDY.
(a) In General.--The Secretary of Agriculture shall conduct
a study and report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate on the demand for and
availability of credit in rural areas for agriculture,
housing, and rural development.
(b) Purpose.--The purpose of the study shall be to ensure
that Congress has current and comprehensive information to
consider as Congress deliberates on rural credit needs and
the availability of credit to satisfy the needs of rural
areas of the United States.
(c) Items in Study.--In conducting the study, the Secretary
shall base the study on the most current available data and
analyze--
(1) rural demand for credit from the Farm Credit System,
the ability of the Farm Credit System to meet the demand, and
the extent to which the Farm Credit System provides loans to
satisfy the demand;
(2) rural demand for credit from the United States banking
system, the ability of banks to meet the demand, and the
extent to which banks provide loans to satisfy the demand;
(3) rural demand for credit from the Secretary, the ability
of the Secretary to meet the demand, and the extent to which
the Secretary provides loans to satisfy the demand;
(4) rural demand for credit from other Federal agencies,
the ability of the agencies to meet the demand, and the
extent to which the agencies provide loans to satisfy the
demand;
(5) what measure or measures exist to gauge the overall
demand for rural credit, the extent to which rural demand for
credit is satisfied, and what the measures have demonstrated;
(6) a comparison of the interest rates and terms charged by
the Farm Credit System
[[Page 717]]
Farm Credit Banks, production credit associations, and banks
for cooperatives with the rates and terms charged by the
banks of the United States for credit of comparable risk and
maturity;
(7) the advantages and disadvantages of the modernization
and expansion proposals of the Farm Credit System on the Farm
Credit System, the United States banking system, rural users
of credit, local rural communities, and the Federal
Government, including--
(A) any added risk to the safety and soundness of the Farm
Credit System that may result from approval of a proposal;
and
(B) any positive or adverse impacts on competition between
the Farm Credit System and the banks of the United States in
providing credit to rural users;
(8) the nature and extent of the unsatisfied rural credit
need that the Farm Credit System proposals are supposed to
address and what aspects of the present Farm Credit System
prevent the Farm Credit System from meeting the need;
(9) the advantages and disadvantages of the proposal by
commercial bankers to allow banks access to the Farm Credit
System as a funding source on the Farm Credit System, the
United States banking system, rural users of credit, local
rural communities, and the Federal Government, including--
(A) any added risk to the safety and soundness of the Farm
Credit System that may result from approval of the proposal;
and
(B) any positive or adverse impacts on competition between
the Farm Credit System and the banks of the United States in
providing credit to rural users; and
(10) problems that commercial banks have in obtaining
capital for lending in rural areas, how access to Farm Credit
System funds would improve the availability of capital in
rural areas in ways that cannot be achieved in the system in
existence on the date of enactment of this Act, and the
possible effects on the viability of the Farm Credit System
of granting banks access to Farm Credit System funds.
(d) Interagency Task Force.--In completing the study, the
Secretary shall use, among other things, data and information
obtained by the interagency task force on rural credit.
Subtitle E--General Provisions
SEC. 661. CONFORMING AMENDMENTS.
(a) Section 307(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1927(a)) is amended--
(1) in paragraph (4), by striking ``304(b), 306(a)(1), and
310B'' and inserting ``306(a)(1) and 310B''; and
(2) in paragraph (6)(B)--
(A) by striking clauses (i), (ii), (iv), and (vii);
(B) in clause (v), by adding ``and'' at the end;
(C) in clause (vi), by striking ``, and'' at the end and
inserting a period; and
(D) by redesignating clauses (iii), (v), and (vi) as
clauses (i), (ii), and (iii), respectively.
(b) The second sentence of section 309(g)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1929(g)(1)) is amended by striking ``section 308,''.
(c) Section 309A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929a) is amended--
(1) in the second sentence of subsection (a), by striking
``304(b), 306(a)(1), 306(a)(14), 310B, and 312(b)'' and
inserting ``306(a)(1), 306(a)(14), and 310B''; and
(2) in the first sentence of subsection (b), by striking
``and section 308''.
(d) Section 310B(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(d)) is amended--
(1) by striking ``sections 304(b), 310B, and 312(b)'' each
place it appears in paragraphs (2), (3), and (4) and
inserting ``this section''; and
(2) in paragraph (6), by striking ``this section, section
304, or section 312'' and inserting ``this section''.
(e) The first sentence of section 310D(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1934(a)) is amended by striking ``paragraphs (1) through (5)
of section 303(a), or subparagraphs (A) through (E) of
section 304(a)(1)'' and inserting ``section 303(a), or
paragraphs (1) through (5) of section 304(a)''.
(f) Section 311(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1941(b)(1)) is amended by striking
``and for the purposes specified in section 312''.
(g) Section 316(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1946(a)) is amended by striking
paragraph (3).
(h) Section 343 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991) is amended--
(1) in subsection (a)(10), by striking ``recreation loan
(RL) under section 304,''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``351(h),''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Preservation loan service program.--The term
``preservation loan service program'' means homestead
retention as authorized under section 352.''.
(i) The first sentence of section 344 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1992) is amended by
striking ``304(b), 306(a)(1), 310B, 312(b), or 312(c)'' and
inserting ``306(a)(1), 310B, or 312(c)''.
(j) Section 353(l) of the Consolidated Farm and Rural
Development Act (as redesignated by section 645(3)) is
amended by striking ``and subparagraphs (A)(i) and (C)(i) of
section 335(e)(1),''.
SEC. 662. ELECTRONIC FILING OF EFFECTIVE FINANCING STATEMENTS
UNDER THE CLEAR TITLE PROVISIONS OF THE FOOD
SECURITY ACT OF 1985.
Section 1324(c)(4) of the Food Security Act of 1985 (7
U.S.C. 1631(c)(4)) is amended--
(1) in subparagraph (A), by striking ``thereof'' and
inserting ``of the statement, or, in the case of a State
which (under the applicable State law provisions of the
Uniform Commercial Code) allows the electronic filing of
financing statements without the signature of the debtor, is
an electronically reproduced copy of the statement''; and
(2) in each of subparagraphs (B) and (C), by inserting
``other than in the case of an electronically reproduced copy
of the statement,'' before ``is''.
SEC. 663. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall become effective on the
date of enactment of this Act.
(b) Delayed Effective Dates.--The amendments made by
sections 601, 606, 611, 612, 622, 623, 625, 633, 640(1), 642,
645(1), 648(a), and 649 shall become effective 90 days after
the date of enactment of this Act.
(c) Transition Provision.--The amendments made by sections
638 and 644 shall not apply with respect to a complete
application to acquire inventory property submitted prior to
the date of enactment of this Act.
(d) Regulations.--Notwithstanding any other provision of
law, regulations to implement the amendments made by this
title shall be published as interim final rules with request
for comments and may be made effective immediately on
publication.
TITLE VII--RURAL DEVELOPMENT
Subtitle A--Amendments to the Food, Agriculture, Conservation, and
Trade Act of 1990
CHAPTER 1--GENERAL PROVISIONS
SEC. 701. RURAL INVESTMENT PARTNERSHIPS.
Subtitle B of title XXIII of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2007 et seq.)
is repealed.
SEC. 702. WATER AND WASTE FACILITY FINANCING.
Section 2322 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 1926-1) is repealed.
SEC. 703. RURAL WASTEWATER CIRCUIT RIDER PROGRAM.
Section 2324 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1926 note) is
repealed.
SEC. 704. TELEMEDICINE AND DISTANCE LEARNING SERVICES IN
RURAL AREAS.
Chapter 1 of subtitle D of title XXIII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa et seq.) is amended to read as follows:
``CHAPTER 1--TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL AREAS
``SEC. 2331. PURPOSE.
``The purpose of this chapter is to encourage and improve
telemedicine services and distance learning services in rural
areas through the use of telecommunications, computer
networks, and related advanced technologies by students,
teachers, medical professionals, and rural residents.
``SEC. 2332. DEFINITIONS.
``In this chapter:
``(1) Construct.--The term `construct' means to construct,
acquire, install, improve, or extend a facility or system.
``(2) Cost of money loan.--The term `cost of money loan'
means a loan made under this chapter bearing interest at a
rate equal to the then current cost to the Federal Government
of loans of similar maturity.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``SEC. 2333. TELEMEDICINE AND DISTANCE LEARNING SERVICES IN
RURAL AREAS.
``(a) Services to Rural Areas.--The Secretary may provide
financial assistance for the purpose of financing the
construction of facilities and systems to provide
telemedicine services and distance learning services in rural
areas.
``(b) Financial Assistance.--
``(1) In general.--Financial assistance shall consist of
grants or cost of money loans, or both.
``(2) Form.--The Secretary shall determine the portion of
the financial assistance provided to a recipient that
consists of grants and the portion that consists of cost of
money loans so as to result in the maximum feasible repayment
to the Federal Government of the financial assistance, based
on the ability to repay of the recipient and full utilization
of funds made available to carry out this chapter.
``(c) Recipients.--
``(1) In general.--The Secretary may provide financial
assistance under this chapter to--
``(A) entities using telemedicine services or distance
learning services; and
``(B) entities providing or proposing to provide
telemedicine service or distance learning service to other
persons at rates calculated to ensure that the benefit of the
financial assistance is passed through to the other persons.
``(2) Electric or telecommunications borrowers.--
``(A) Loans to borrowers.--Subject to subparagraph (B), the
Secretary may provide
[[Page 718]]
a cost of money loan under this chapter to a borrower of an
electric or telecommunications loan under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.). A
borrower receiving a cost of money loan under this paragraph
shall--
``(i) make the funds provided available to entities that
qualify under paragraph (1) for projects satisfying the
requirements of this chapter;
``(ii) use the funds provided to acquire, install, improve,
or extend a system referred to in subsection (a); or
``(iii) use the funds provided to install, improve, or
extend a facility referred to in subsection (a).
``(B) Limitations.--A borrower of an electric or
telecommunications loan under the Rural Electrification Act
of 1936 shall--
``(i) make a system or facility funded under subparagraph
(A) available to entities that qualify under paragraph (1);
and
``(ii) neither retain from the proceeds of a loan provided
under subparagraph (A), nor assess a qualifying entity under
paragraph (1), any amount except as may be required to pay
the actual costs incurred in administering the loan or making
the system or facility available.
``(3) Appeal.--If the Secretary rejects the application of
a borrower who applies for a cost of money loan or grant
under this section, the borrower may appeal the decision to
the Secretary not later than 10 days after the borrower is
notified of the rejection.
``(4) Assistance to provide or improve services.--Financial
assistance may be provided under this chapter for a facility
regardless of the location of the facility if the Secretary
determines that the assistance is necessary to provide or
improve telemedicine services or distance learning services
in a rural area.
``(d) Priority.--The Secretary shall establish procedures
to prioritize financial assistance under this chapter
considering--
``(1) the need for the assistance in the affected rural
area;
``(2) the financial need of the applicant;
``(3) the population sparsity of the affected rural area;
``(4) the local involvement in the project serving the
affected rural area;
``(5) geographic diversity among the recipients of
financial assistance;
``(6) the utilization of the telecommunications facilities
of any telecommunications provider serving the affected rural
area;
``(7) the portion of total project financing provided by
the applicant from the funds of the applicant;
``(8) the portion of project financing provided by the
applicant with funds obtained from non-Federal sources;
``(9) the joint utilization of facilities financed by other
financial assistance;
``(10) the coordination of the proposed project with
regional projects or networks;
``(11) service to the greatest practical number of persons
within the general geographic area covered by the financial
assistance;
``(12) conformity with the State strategic plan as prepared
under section 381D of the Consolidated Farm and Rural
Development Act; and
``(13) other factors determined appropriate by the
Secretary.
``(e) Maximum Amount of Assistance to Individual
Recipients.--The Secretary may establish the maximum amount
of financial assistance to be made available to an individual
recipient for each fiscal year under this chapter, by
publishing notice of the maximum amount in the Federal
Register not more than 45 days after funds are made available
for the fiscal year to carry out this chapter.
``(f) Use of Funds.--Financial assistance provided under
this chapter shall be used for--
``(1) the development and acquisition of instructional
programming;
``(2) the development and acquisition, through lease or
purchase, of computer hardware and software, audio and visual
equipment, computer network components, telecommunications
terminal equipment, telecommunications transmission
facilities, data terminal equipment, or interactive video
equipment, or other facilities that would further
telemedicine services or distance learning services;
``(3) providing technical assistance and instruction for
the development or use of the programming, equipment, or
facilities referred to in paragraphs (1) and (2); or
``(4) other uses that are consistent with this chapter, as
determined by the Secretary.
``(g) Salaries and Expenses.--Notwithstanding subsection
(f), financial assistance provided under this chapter shall
not be used for paying salaries or administrative expenses.
``(h) Expediting Coordinated Telephone Loans.--
``(1) In general.--The Secretary may establish and carry
out procedures to ensure that expedited consideration and
determination is given to applications for loans and advances
of funds submitted by local exchange carriers under this
chapter and the Rural Electrification Act of 1936 (7 U.S.C.
901 et seq.) to enable the exchange carriers to provide
advanced telecommunications services in rural areas in
conjunction with any other projects carried out under this
chapter.
``(2) Deadline imposed on secretary.--Not later than 45
days after the receipt of a completed application for an
expedited telephone loan under paragraph (1), the Secretary
shall notify the applicant in writing of the decision of the
Secretary regarding the application.
``(i) Notification of Local Exchange Carrier.--
``(1) Applicants.--Each applicant for a grant for a
telemedicine or distance learning project established under
this chapter shall notify the appropriate local telephone
exchange carrier regarding the application filed with the
Secretary for the grant.
``(2) Secretary.--The Secretary shall--
``(A) publish notice of applications received for grants
under this chapter for telemedicine or distance learning
projects; and
``(B) make the applications available for inspection.
``SEC. 2334. ADMINISTRATION.
``(a) Nonduplication.--The Secretary shall ensure that
facilities constructed using financial assistance provided
under this chapter do not duplicate adequate established
telemedicine services or distance learning services.
``(b) Loan Maturity.--The maturities of cost of money loans
shall be determined by the Secretary, based on the useful
life of the facility being financed, except that the loan
shall not be for a period of more than 10 years.
``(c) Loan Security and Feasibility.--The Secretary shall
make a cost of money loan only if the Secretary determines
that the security for the loan is reasonably adequate and
that the loan will be repaid within the period of the loan.
``(d) Encouraging Consortia.--The Secretary shall encourage
the development of consortia to provide telemedicine services
or distance learning services through telecommunications in
rural areas served by a telecommunications provider.
``(e) Coordination With Other Agencies.--The Secretary
shall coordinate, to the extent practicable, with other
Federal and State agencies with similar grant or loan
programs to pool resources for funding meritorious proposals
in rural areas.
``(f) Informational Efforts.--The Secretary shall establish
and implement procedures to carry out informational efforts
to advise potential end users located in rural areas of each
State about the program authorized by this chapter.
``SEC. 2335. REGULATIONS.
``Not later than 180 days after the date of enactment of
the Federal Agriculture Improvement and Reform Act of 1996,
the Secretary shall issue regulations to carry out this
chapter.
``SEC. 2335A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
chapter $100,000,000 for each of fiscal years 1996 through
2002.''.
SEC. 705. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR
RURAL TECHNOLOGY GRANTS.
Section 2347 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 104 Stat. 4034) is
amended--
(1) by striking ``(a) In General.--''; and
(2) by striking subsection (b).
SEC. 706. DEMONSTRATION PROJECTS.
Section 2348 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2662a) is repealed.
SEC. 707. MONITORING THE ECONOMIC PROGRESS OF RURAL AMERICA.
Section 2382 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 13 U.S.C. 141 note) is
repealed.
SEC. 708. ANALYSIS BY OFFICE OF TECHNOLOGY ASSESSMENT.
Section 2385 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 950aaa-4
note) is repealed.
SEC. 709. RURAL HEALTH INFRASTRUCTURE IMPROVEMENT.
Section 2391 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 2662 note) is
repealed.
SEC. 710. CENSUS OF AGRICULTURE.
Section 2392 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 104 Stat. 4057) is
repealed.
SEC. 711. STUDY OF THE TRANSPORTATION OF FERTILIZER AND
AGRICULTURAL CHEMICALS TO FARMERS.
Section 2517 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 104 Stat. 4077) is
repealed.
CHAPTER 2--ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION
SEC. 721. DEFINITIONS.
Section 1657(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5901(c)) is amended--
(1) by striking paragraphs (3) and (4);
(2) by redesignating paragraph (5) as paragraph (3);
(3) by redesignating paragraphs (6) through (12) as
paragraphs (7) through (13), respectively; and
(4) by inserting after paragraph (3) (as redesignated by
paragraph (2)) the following:
``(4) Corporate board.--The term `Corporate Board' means
the Board of Directors of the Corporation described in
section 1659.
``(5) Corporation.--The term `Corporation' means the
Alternative Agricultural Research and Commercialization
Corporation established under section 1658.
``(6) Executive director.--The term `Executive Director'
means the Executive Director of the Corporation appointed
under section 1659(e).''.
SEC. 722. ALTERNATIVE AGRICULTURAL RESEARCH AND
COMMERCIALIZATION CORPORATION.
(a) In General.--Section 1658 of the Food, Agriculture,
Conservation, and Trade Act of
[[Page 719]]
1990 (7 U.S.C. 5902) is amended to read as follows:
``SEC. 1658. ALTERNATIVE AGRICULTURAL RESEARCH AND
COMMERCIALIZATION CORPORATION.
``(a) Establishment.--To carry out this subtitle, there is
created a body corporate to be known as the Alternative
Agricultural Research and Commercialization Corporation,
which shall be an agency of the United States, within the
Department of Agriculture, subject to the general supervision
and direction of the Secretary, except as specifically
provided for in this subtitle.
``(b) Purpose.--The purpose of the Corporation is to--
``(1) expedite the development and market penetration of
industrial, nonfood, nonfeed products from agricultural and
forestry materials; and
``(2) assist the private sector in bridging the gap between
the results of research into nonfood, nonfeed products and
the commercialization of the research.
``(c) Place of Incorporation.--The Corporation shall be
incorporated in the District of Columbia.
``(d) Central Office.--The Secretary shall provide
facilities for the principal office of the Corporation within
the Washington, D.C., metropolitan area.
``(e) Wholly-Owned Government Corporation.--The Corporation
shall be considered a wholly-owned government corporation in
accordance with chapter 91 of title 31, United States Code.
``(f) General Powers.--In addition to any other powers
granted to the Corporation under this subtitle, the
Corporation--
``(1) shall have succession in its corporate name;
``(2) may adopt, alter, and rescind any bylaw and adopt and
alter a corporate seal, which shall be judicially noticed;
``(3) may enter into any agreement or contract with a
person or private or governmental agency, except that the
Corporation shall not provide any financial assistance unless
specifically authorized by this subtitle;
``(4) may lease, purchase, accept a gift or donation of, or
otherwise acquire, use, own, hold, improve, or otherwise deal
in or with, and sell, convey, mortgage, pledge, lease,
exchange, or otherwise dispose of, any property or interest
in property, as the Corporation considers necessary in the
transaction of the business of the Corporation, except that
this paragraph shall not provide authority for carrying out a
program of real estate investment;
``(5) may sue and be sued in the corporate name of the
Corporation, except that--
``(A) no attachment, injunction, garnishment, or similar
process shall be issued against the Corporation or property
of the Corporation; and
``(B) exclusive original jurisdiction shall reside in the
district courts of the United States, but the Corporation may
intervene in any court in any suit, action, or proceeding in
which the Corporation has an interest;
``(6) may independently retain legal representation;
``(7) may provide for and designate such committees, and
the functions of the committees, as the Corporate Board
considers necessary or desirable,
``(8) may indemnify the Executive Director and other
officers of the Corporation, as the Corporate Board considers
necessary and desirable, except that the Executive Director
and officers shall not be indemnified for an act outside the
scope of employment;
``(9) may, with the consent of any board, commission,
independent establishment, or executive department of the
Federal Government, including any field service, use
information, services, facilities, officials, and employees
in carrying out this subtitle, and pay for the use, which
payments shall be transferred to the applicable appropriation
account that incurred the expense;
``(10) may obtain the services and fix the compensation of
any consultant and otherwise procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code;
``(11) may use the United States mails on the same terms
and conditions as the Executive agencies of the Federal
Government;
``(12) shall have the rights, privileges, and immunities of
the United States with respect to the right to priority of
payment with respect to debts due from bankrupt, insolvent,
or deceased creditors;
``(13) may collect or compromise any obligations assigned
to or held by the Corporation, including any legal or
equitable rights accruing to the Corporation;
``(14) shall determine the character of, and necessity for,
obligations and expenditures of the Corporation and the
manner in which the obligations and expenditures shall be
incurred, allowed, and paid, subject to provisions of law
specifically applicable to Government corporations;
``(15) may make final and conclusive settlement and
adjustment of any claim by or against the Corporation or a
fiscal officer of the Corporation;
``(16) may sell assets, loans, and equity interests
acquired in connection with the financing of projects funded
by the Corporation; and
``(17) may exercise all other lawful powers necessarily or
reasonably related to the establishment of the Corporation to
carry out this subtitle and the powers, purposes, functions,
duties, and authorized activities of the Corporation.
``(g) Specific Powers.--To carry out this subtitle, the
Corporation may--
``(1) make grants to, and enter into cooperative agreements
and contracts with, eligible applicants for research,
development, and demonstration projects in accordance with
section 1660;
``(2) make loans and interest subsidy payments and invest
venture capital in accordance with section 1661;
``(3) collect and disseminate information concerning State,
regional, and local commercialization projects;
``(4) search for new nonfood, nonfeed products that may be
produced from agricultural commodities and for processes to
produce the products;
``(5) administer, maintain, and dispense funds from the
Fund to facilitate the conduct of activities under this
subtitle; and
``(6) engage in other activities incident to carrying out
the functions of the Corporation.''.
(b) Wholly-Owned Government Corporation.--Section 9101(3)
of title 31, United States Code, is amended--
(1) by redesignating subparagraph (N) (relating to the
Uranium Enrichment Corporation) as subparagraph (O); and
(2) by adding at the end the following:
``(Q) the Alternative Agricultural Research and
Commercialization Corporation.''.
(c) Conforming Amendment.--Section 211(b)(5) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C.
6911(b)(5)) is amended by striking ``Alternative Agricultural
Research and Commercialization Board'' and inserting
``Corporate Board of the Alternative Agricultural Research
and Commercialization Corporation''.
SEC. 723. BOARD OF DIRECTORS, EMPLOYEES, AND FACILITIES.
(a) In General.--Section 1659 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5903) is
amended to read as follows:
``SEC. 1659. BOARD OF DIRECTORS, EMPLOYEES, AND FACILITIES.
``(a) In General.--The powers of the Corporation shall be
vested in a Corporate Board.
``(b) Members of the Corporate Board.--The Corporate Board
shall consist of 11 members as follows:
``(1) The Under Secretary of Agriculture for Rural
Development.
``(2) The Under Secretary of Agriculture for Research,
Education, and Economics.
``(3) 5 members appointed by the Secretary, of whom--
``(A) at least 1 member shall be a representative of the
leading scientific disciplines relevant to the activities of
the Corporation;
``(B) at least 1 member shall be a producer or processor of
agricultural commodities;
``(C) at least 1 member shall be a person who is privately
engaged in the commercialization of new nonfood, nonfeed
products from agricultural commodities; and
``(D) at least 1 member shall have expertise in financial
management.
A different member shall be appointed pursuant to each
subparagraph of this paragraph.
``(4) 2 members appointed by the Secretary who--
``(A) have expertise in areas of applied research relating
to the development or commercialization of new nonfood,
nonfeed products; and
``(B) shall be appointed from a group of at least 4
individuals nominated by the Director of the National Science
Foundation if the nominations are made not later than 60 days
after the date a vacancy occurs.
``(5) 2 members appointed by the Secretary who--
``(A) have expertise in financial and managerial matters;
and
``(B) shall be appointed from a group of at least 4
individuals nominated by the Secretary of Commerce if the
nominations are made not later than 60 days after the date a
vacancy occurs.
``(c) Responsibilities of the Corporate Board.--
``(1) In general.--The Corporate Board shall--
``(A) be responsible for the general supervision of the
Corporation and Regional Centers established under section
1663;
``(B) determine (in consultation with Regional Centers)
high priority commercialization areas to receive assistance
under section 1663;
``(C) review any grant, contract, or cooperative agreement
to be made or entered into by the Corporation under section
1660 and any financial assistance to be provided under
section 1661;
``(D) make the final decision, by majority vote, on whether
and how to provide assistance to an applicant; and
``(E) develop and establish a budget plan and a long-term
operating plan to carry out this subtitle.
``(2) Authority of the secretary.--
``(A) In general.--The Secretary shall vacate and remand to
the Corporate Board for reconsideration any decision made
pursuant to paragraph (1)(D) if the Secretary determines that
there has been a violation of subsection (j), or any conflict
of interest provisions of the bylaws of the Corporate Board,
with respect to the decision.
``(B) Reasons.--In the case of any violation and referral
of a funding decision to the Corporate Board, the Secretary
shall inform the Corporate Board of the reasons for any
remand pursuant to subparagraph (A).
``(d) Chairperson.--The members of the Corporate Board
shall select a Chairperson from among the members of the
Corporate Board. The term of office of the Chairperson
[[Page 720]]
shall be 2 years. The members referred to in paragraphs (1)
and (2) of subsection (b) may not serve as Chairperson.
``(e) Executive Director.--
``(1) Appointment.--The Corporate Board shall appoint an
Executive Director, subject to the approval of the Secretary.
``(2) Duties.--The Executive Director shall be the chief
executive officer of the Corporation, with such power and
authority as may be conferred by the Corporate Board.
``(3) Compensation.--The Executive Director shall receive
basic pay at the rate provided for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
``(f) Officers.--The Corporate Board shall establish the
offices and appoint the officers of the Corporation,
including a Secretary, and define the duties of the officers
in a manner consistent with this subtitle.
``(g) Meetings.--The Corporate Board shall meet at least 3
times each fiscal year at the call of the Chairperson or at
the request of the Executive Director. The location of the
meetings shall be subject to approval of the Executive
Director. A quorum of the Corporate Board shall consist of a
majority of the members. The decisions of the Corporate Board
shall be made by majority vote.
``(h) Term; Vacancies.--
``(1) In general.--The term of office of a member of the
Corporate Board shall be 4 years, except that the members
initially appointed shall be appointed to serve staggered
terms. A member appointed to fill a vacancy for an unexpired
term may be appointed only for the remainder of the term. A
vacancy on the Corporate Board shall be filled in the same
manner as the original appointment. The Secretary may remove
a member of the Corporate Board only for cause.
``(2) Transition measure.--The Secretary may appoint to the
Corporate Board an individual who, on the day before the date
of enactment of the Federal Agriculture Improvement and
Reform Act of 1996, was serving on the former Alternative
Agricultural Research and Commercialization Board, for a term
that does not exceed the term for which the individual was
appointed to the former Board.
``(i) Compensation.--A member of the Corporate Board who is
an officer or employee of the United States shall not receive
any additional compensation by reason of service on the
Corporate Board. Any other member shall receive, for each day
(including travel time) the member is engaged in the
performance of the functions of the Corporate Board,
compensation at a rate not to exceed the daily equivalent of
the annual rate in effect for Level IV of the Executive
Schedule. A member of the Corporate Board shall be reimbursed
for travel, subsistence, and other necessary expenses
incurred by the member in the performance of the duties of
the member.
``(j) Conflict of Interest; Financial Disclosure.--
``(1) Conflict of interest.--Except as provided in
paragraph (3), no member of the Corporate Board shall vote on
any matter respecting any application, contract, claim, or
other particular matter pending before the Corporation, in
which, to the knowledge of the member, the member, spouse, or
child of the member, partner, or organization in which the
member is serving as officer, director, trustee, partner, or
employee, or any person or organization with whom the member
is negotiating or has any arrangement concerning prospective
employment, has a financial interest.
``(2) Violations.--Violation of paragraph (1) by a member
of the Corporate Board shall be cause for removal of the
member, but shall not impair or otherwise affect the validity
of any otherwise lawful action by the Corporation in which
the member participated.
``(3) Exceptions.--The prohibitions contained in paragraph
(1) shall not apply if a member of the Corporate Board
advises the Corporate Board of the nature of the particular
matter in which the member proposes to participate, and if
the member makes a full disclosure of the financial interest,
prior to any participation, and the Corporate Board
determines, by majority vote, that the financial interest is
too remote or too inconsequential to affect the integrity of
the member's services to the Corporation in that matter. The
member involved shall not vote on the determination.
``(4) Financial disclosure.--A Board member shall be
subject to the financial disclosure requirements set forth in
subchapter B of chapter XVI of title 5, Code of Federal
Regulations (or any corresponding or similar regulation or
ruling), applicable to a special Government employee (as
defined in section 202(a) of title 18, United States Code).
``(k) Delegation of Authority.--
``(1) In general.--The Corporate Board may, by resolution,
delegate to the Chairperson, the Executive Director, or any
other officer or employee any function, power, or duty
assigned to the Corporation under this subtitle, other than a
function, power, or duty expressly vested in the Corporate
Board by subsections (c) through (n).
``(2) Prohibition on delegation.--Notwithstanding any other
law, the Secretary and any other officer or employee of the
United States shall not make any delegation to the Corporate
Board, the Chairperson, the Executive Director, or the
Corporation of any power, function, or authority not
expressly authorized by this subtitle, unless the delegation
is made pursuant to an authority in law that expressly makes
reference to this section.
``(3) Reorganization act.--Notwithstanding any other law,
the President (through authorities provided under chapter 9
of title 5, United States Code) may not authorize the
transfer to the Corporation of any power, function, or
authority in addition to powers, functions, and authorities
provided by law.
``(l) Bylaws.--Notwithstanding section 1658(f)(2), the
Corporate Board shall adopt, and may from time to time amend,
any bylaw that is necessary for the proper management and
functioning of the Corporation. The Corporate Board shall not
adopt any bylaw that has not been reviewed and approved by
the Secretary.
``(m) Organization.--The Corporate Board shall provide a
system of organization to fix responsibility and promote
efficiency.
``(n) Personnel and Facilities of Corporation.--
``(1) Appointment and compensation of personnel.--The
Corporation may select and appoint officers, attorneys,
employees, and agents, who shall be vested with such powers
and duties as the Corporation may determine.
``(2) Use of facilities and services of the department of
agriculture.--Notwithstanding any other provision of law, to
perform the responsibilities of the Corporation under this
subtitle, the Corporation may partially or jointly utilize
the facilities of and the services of employees of the
Department of Agriculture, without cost to the Corporation.
``(3) Government employment laws.--An officer or employee
of the Corporation shall be subject to all laws of the United
States relating to governmental employment.''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Executive Director of the Alternative Agricultural
Research and Commercialization Corporation.''.
SEC. 724. RESEARCH AND DEVELOPMENT GRANTS, CONTRACTS, AND
AGREEMENTS.
Section 1660 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5904) is amended--
(1) by striking ``Center'' each place it appears and
inserting ``Corporation'';
(2) in subsection (c), by striking ``Board'' and inserting
``Corporate Board''; and
(3) in subsection (f), by striking ``non-Center'' and
inserting ``non-Corporation''.
SEC. 725. COMMERCIALIZATION ASSISTANCE.
Section 1661 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5905) is amended--
(1) by striking ``Center'' each place it appears and
inserting ``Corporation'';
(2) by striking ``Board'' each place it appears and
inserting ``Corporate Board'';
(3) by striking subsection (c);
(4) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively; and
(5) in subsection (c) (as so redesignated)--
(A) in the subsection heading of paragraph (1), by striking
``director'' and inserting ``executive director''; and
(B) by striking ``Director'' each place it appears and
inserting ``Executive Director''.
SEC. 726. GENERAL RULES REGARDING THE PROVISION OF
ASSISTANCE.
Section 1662 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5906) is amended--
(1) by striking ``Center'' each place it appears (except in
subsection (b)) and inserting ``Corporation'';
(2) by striking ``Board'' each place it appears and
inserting ``Corporate Board''; and
(3) in subsection (b)--
(A) in the second sentence, by striking ``Board, a Regional
Center, or the Advisory Council'' and inserting ``Board or a
Regional Center''; and
(B) by striking the third sentence.
SEC. 727. REGIONAL CENTERS.
Section 1663 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5907) is amended--
(1) by striking ``Board'' each place it appears and
inserting ``Corporate Board'';
(2) in subsection (e)(8), by striking ``Center'' and
inserting ``Corporation''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``in consultation with
the Advisory Council appointed under section 1661(c)''; and
(B) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Recommendation.--The Regional Director, based on the
comments of the reviewers, shall make and submit a
recommendation to the Board, which shall not be binding on
the Board.''.
SEC. 728. ALTERNATIVE AGRICULTURAL RESEARCH AND
COMMERCIALIZATION REVOLVING FUND.
Section 1664 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5908) is amended to read as
follows:
``SEC. 1664. ALTERNATIVE AGRICULTURAL RESEARCH AND
COMMERCIALIZATION REVOLVING FUND.
``(a) Establishment.--There is established in the Treasury
of the United States a revolving fund to be known as the
Alternative Agricultural Research and Commercialization
Revolving Fund. The Fund shall be available to the
Corporation, without fiscal year limitation, to carry out
this subtitle.
``(b) Contents of Fund.--There shall be deposited in the
Fund--
``(1) such amounts as may be appropriated or transferred to
support programs and activities of the Corporation;
[[Page 721]]
``(2) payments received from any source for products,
services, or property furnished in connection with the
activities of the Corporation;
``(3) fees and royalties collected by the Corporation from
licensing or other arrangements relating to commercialization
of products developed through projects funded in whole or
part by grants, contracts, or cooperative agreements executed
by the Corporation;
``(4) proceeds from the sale of assets, loans, and equity
interests made in furtherance of the purposes of the
Corporation;
``(5) donations or contributions accepted by the
Corporation to support authorized programs and activities;
and
``(6) any other funds acquired by the Corporation.
``(c) Funding Allocations.--Funding of projects and
activities under this subtitle shall be subject to the
following restrictions:
``(1) Of the total amount of funds made available for a
fiscal year under this subtitle--
``(A) not more than the lesser of 15 percent or $3,000,000
may be set aside to be used for authorized administrative
expenses of the Corporation;
``(B) not more than 1 percent may be set aside to be used
for generic studies and specific reviews of individual
proposals for financial assistance; and
``(C) except as provided in subsection (e), not less than
84 percent shall be set aside to be awarded to qualified
applicants who file project applications with, or respond to
requests for proposals from, the Corporation under sections
1660 and 1661.
``(2) Any funds remaining uncommitted at the end of a
fiscal year shall be credited to the Fund and added to the
total program funds available to the Corporation for the next
fiscal year.
``(d) Authorized Administrative Expenses.--For the purposes
of this section, authorized administrative expenses shall
include all ordinary and necessary expenses, including all
compensation for personnel and consultants, expenses for
computer usage, or space needs of the Corporation and similar
expenses. Funds authorized for administrative expenses shall
not be available for the acquisition of real property.
``(e) Project Monitoring.--The Corporate Board may
establish, in the bylaws of the Corporate Board, that a
percentage (which shall not exceed 1 percent) of the funds
provided under subsection (c) for any commercialization
project shall be expended to ensure that project funds are
being utilized in accordance with the project agreement.
``(f) Termination of the Fund.--On expiration of the
authority provided by this subtitle, all assets (after
payment of all outstanding obligations) of the Fund shall
revert to the general fund of the Treasury.
``(g) Authorization of Appropriations; Capitalization.--
``(1) Authorization of appropriation.--There are authorized
to be appropriated to the Fund $75,000,000 for each of fiscal
years 1996 through 2002.
``(2) Capitalization.--The Executive Director may pay in as
capital of the Corporation, out of dollar receipts made
available through annual appropriations, $75,000,000 for each
of fiscal years 1996 through 2002. On the payment of an
amount of capital by the Executive Director, the Corporation
shall issue an equivalent amount of capital stock to the
Secretary of the Treasury.
``(3) Transfer.--All obligations, assets, and related
rights and responsibilities of the former Alternative
Agricultural Research and Commercialization Center
established under former section 1658 of this Act (as in
effect on the day before the date of enactment of the Federal
Agriculture Improvement and Reform Act of 1996) are
transferred to the Corporation.''.
SEC. 729. PROCUREMENT PREFERENCES FOR PRODUCTS RECEIVING
CORPORATION ASSISTANCE.
Subtitle G of title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5901 et seq.)
is amended by adding at the end the following:
``SEC. 1665. PROCUREMENT OF ALTERNATIVE AGRICULTURAL RESEARCH
AND COMMERCIALIZATION PRODUCTS.
``(a) Definition of Executive Agency.--In this section, the
term `executive agency' has the meaning provided the term in
section 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1)).
``(b) Procurement.--To further the achievement of the
purposes specified in section 1657(b), an executive agency
may, for any procurement involving the acquisition of
property, establish set-asides and preferences for property
that has been commercialized with assistance provided under
this subtitle.
``(c) Set-Asides.--Procurements solely for property may be
set-aside exclusively for products developed with
commercialization assistance provided under section 1661.
``(d) Preferences.--Preferences for property developed with
assistance provided under this subtitle in procurements
involving the acquisition of property may be--
``(1) a price preference, if the procurement is solely for
property, of not greater than a percentage to be determined
within the sole discretion of the head of the procuring
agency; or
``(2) a technical evaluation preference included as an
award factor or subfactor as determined within the sole
discretion of the head of the procuring agency.
``(e) Notice.--Each competitive solicitation or invitation
for bids selected by an executive agency for a set-aside or
preference under this section shall contain a provision
notifying offerors where a list of products eligible for the
set aside or preference may be obtained.
``(f) Eligibility.--Offerors shall receive the set aside or
preference required under this section if, in the case of
products developed with financial assistance under--
``(1) section 1660, less than 10 years have elapsed since
the expiration of the grant, cooperative agreement, or
contract;
``(2) paragraph (1) or (2) of section 1661(a), less than 5
years have elapsed since the date the loan was made or
insured;
``(3) section 1661(a)(3), less than 5 years have elapsed
since the date of sale of any remaining government equity
interest in the company; or
``(4) section 1661(a)(4), less than 5 years have elapsed
since the date of the final payment on the repayable
grant.''.
SEC. 730. BUSINESS PLAN AND FEASIBILITY STUDY AND REPORT.
(a) Business Plan.--Not later than 180 days after the date
of enactment of this Act, the Alternative Agricultural
Research and Commercialization Corporation established by
section 1658 of the Food, Agriculture, Conservation, and
Trade Act of 1990 shall--
(1) develop a 5-year business plan pursuant to section
1659(c)(1)(E) of the Act; and
(2) submit the plan to the Secretary of Agriculture, the
Committee on Agriculture of the House of Representatives, and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(b) Feasibility Study and Report.--
(1) Study.--The Secretary of Agriculture shall conduct a
study of, and prepare a report on, the continued feasibility
of the Alternative Agricultural Research and
Commercialization Corporation. In conducting the study, the
Secretary shall examine options for privatizing the
Corporation and converting the Corporation to a Government-
sponsored enterprise.
(2) Report.--Not later than December 31, 2001, the
Secretary shall transmit the report required by paragraph (1)
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
Subtitle B--Amendments to the Consolidated Farm and Rural Development
Act
CHAPTER 1--GENERAL PROVISIONS
SEC. 741. WATER AND WASTE FACILITY LOANS AND GRANTS.
(a) In General.--Section 306(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926(a)) is amended--
(1) in the first sentence of paragraph (2), by striking
``$500,000,000'' and inserting ``$590,000,000'';
(2) by striking paragraph (7) and inserting the following:
``(7) Definition of rural and rural areas.--For the purpose
of water and waste disposal grants and direct and guaranteed
loans provided under paragraphs (1) and (2), the terms
`rural' and `rural area' mean a city, town, or unincorporated
area that has a population of no more than 10,000
inhabitants.'';
(3) by striking paragraphs (9), (10), and (11) and
inserting the following:
``(9) Conformity with state drinking water standards.--No
Federal funds shall be made available under this section for
a water system unless the Secretary determines that the water
system will make significant progress toward meeting the
standards established under title XIV of the Public Health
Service Act (commonly known as the `Safe Drinking Water Act')
(42 U.S.C. 300f et seq.).
``(10) Conformity with federal and state water pollution
control standards.--No Federal funds shall be made available
under this section for a water treatment discharge or waste
disposal system unless the Secretary determines that the
effluent from the system conforms with applicable Federal and
State water pollution control standards.
``(11) Rural business opportunity grants.--
``(A) In general.--The Secretary may make grants, not to
exceed $1,500,000 annually, to public bodies, private
nonprofit community development corporations or entities, or
such other agencies as the Secretary may select to enable the
recipients--
``(i) to identify and analyze business opportunities,
including opportunities in export markets, that will use
local rural economic and human resources;
``(ii) to identify, train, and provide technical assistance
to existing or prospective rural entrepreneurs and managers;
``(iii) to establish business support centers and otherwise
assist in the creation of new rural businesses, the
development of methods of financing local businesses, and the
enhancement of the capacity of local individuals and entities
to engage in sound economic activities;
``(iv) to conduct regional, community, and local economic
development planning and coordination, and leadership
development; and
``(v) to establish centers for training, technology, and
trade that will provide training to rural businesses in the
utilization of interactive communications technologies to
develop international trade opportunities and markets.
``(B) Criteria.--In awarding the grants, the Secretary
shall consider, among other criteria to be established by the
Secretary--
``(i) the extent to which the applicant provides
development services in the rural service area of the
applicant; and
[[Page 722]]
``(ii) the capability of the applicant to accomplish the
activities described in the relevant clauses of subparagraph
(A).
``(C) Coordination.--The Secretary shall ensure, to the
maximum extent practicable, that assistance provided under
this paragraph is coordinated with and delivered in
cooperation with similar services or assistance provided to
rural residents by the Cooperative State Research, Education,
and Extension Service or other Federal agencies.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$7,500,000 for each of fiscal years 1996 through 2002.'';
(4) by striking paragraphs (14) and (15);
(5) by redesignating paragraphs (16) through (20) as
paragraphs (14) through (18), respectively; and
(6) in paragraph (14) (as so redesignated)--
(A) by striking ``(14)(A) The'' and inserting the
following:
``(14) Rural water and wastewater technical assistance and
training programs.--
``(A) In general.--The'';
(B) in subparagraph (A)--
(i) by striking ``(i) identify'' and inserting the
following:
``(i) identify'';
(ii) by striking ``(ii) prepare'' and inserting the
following:
``(ii) prepare''; and
(iii) by striking ``(iii) improve'' and inserting the
following:
``(iii) improve'';
(C) in subparagraph (B), by striking ``(B) In'' and
inserting the following:
``(B) Selection priority.--In''; and
(D) in subparagraph (C)--
(i) by striking ``(C) Not'' and inserting the following:
``(C) Funding.--Not''; and
(ii) by striking ``2 per centum of any funds provided in
Appropriations Acts'' and inserting ``3 percent of any funds
appropriated''.
(b) Conforming Amendment.--The second sentence of section
309A(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1929a(a)) (as amended by section 661(c)(1)) is amended
by striking ``, 306(a)(14),''.
SEC. 742. EMERGENCY COMMUNITY WATER ASSISTANCE GRANT PROGRAM
FOR SMALL COMMUNITIES.
Section 306A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926a) is amended--
(1) in subsection (e)--
(A) in paragraph (1)(A), by striking ``15,000'' and
inserting ``10,000''; and
(B) in paragraph (2), by striking ``5,000'' and inserting
``3,000''; and
(2) by striking subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$35,000,000 for each of fiscal years 1996 through 2002.''.
SEC. 743. EMERGENCY COMMUNITY WATER ASSISTANCE GRANT PROGRAM
FOR SMALLEST COMMUNITIES.
Section 306B of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926b) is repealed.
SEC. 744. AGRICULTURAL CREDIT INSURANCE FUND.
Section 309(f) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929(f)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
SEC. 745. RURAL DEVELOPMENT INSURANCE FUND.
Section 309A(g) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929a(g)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
SEC. 746. INSURED WATERSHED AND RESOURCE CONSERVATION AND
DEVELOPMENT LOANS.
Section 310A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1931) is repealed.
SEC. 747. RURAL INDUSTRIALIZATION ASSISTANCE.
(a) In General.--Section 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932) is amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``and'' at the end of clause (2); and
(B) by inserting before the period the following: ``, and
(4) to facilitate economic opportunity for industries
undergoing adjustment from terminated Federal agricultural
price and income support programs or increased competition
from foreign trade'';
(2) in subsection (b), by striking ``(b)(1)'' and all that
follows through ``(2) The'' and inserting the following:
``(b) Solid Waste Management Grants.--The'';
(3) in subsection (c)--
(A) by striking ``(c)(1) The'' and inserting the following:
``(c) Rural Business Enterprise Grants.--
``(1) In general.--The'';
(B) in paragraph (1), by inserting ``(including nonprofit
entities)'' after ``private business enterprises'';
(C) in paragraph (2)--
(i) by striking ``(2) The'' and inserting the following:
``(2) Passenger transportation services or facilities.--
The''; and
(ii) by striking ``make grants'' and inserting ``award
grants on a competitive basis''; and
(D) by adding at the end the following:
``(3) Grants to aid industries in adjusting to terminated
federal agricultural programs or increased foreign
competition.--The Secretary may make grants under this
section to facilitate economic opportunity for industries
undergoing adjustment from terminated Federal agricultural
price and income support programs or increased competition
from foreign trade.'';
(4) by striking subsection (e) and inserting the following:
``(e) Rural Cooperative Development Grants.--
``(1) Definitions.--In this subsection:
``(A) Nonprofit institution.--The term `nonprofit
institution' means any organization or institution, including
an accredited institution of higher education, no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(B) United states.--The term `United States' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the other territories and possessions of the United States.
``(2) Grants.--The Secretary shall make grants under this
subsection to nonprofit institutions for the purpose of
enabling the institutions to establish and operate centers
for rural cooperative development.
``(3) Goals.--The goals of a center funded under this
subsection shall be to facilitate the creation of jobs in
rural areas through the development of new rural
cooperatives, value added processing, and rural businesses.
``(4) Application.--Any nonprofit institution seeking a
grant under paragraph (2) shall submit to the Secretary an
application containing a plan for the establishment and
operation by the institution of a center or centers for
cooperative development. The Secretary may approve the
application if the plan contains the following:
``(A) A provision that substantiates that the center will
effectively serve rural areas in the United States.
``(B) A provision that the primary objective of the center
will be to improve the economic condition of rural areas
through cooperative development.
``(C) A description of the activities that the center will
carry out to accomplish the objective. The activities may
include the following:
``(i) Programs for applied research and feasibility studies
that may be useful to individuals, cooperatives, small
businesses, and other similar entities in rural areas served
by the center.
``(ii) Programs for the collection, interpretation, and
dissemination of information that may be useful to
individuals, cooperatives, small businesses, and other
similar entities in rural areas served by the center.
``(iii) Programs providing training and instruction for
individuals, cooperatives, small businesses, and other
similar entities in rural areas served by the center.
``(iv) Programs providing loans and grants to individuals,
cooperatives, small businesses, and other similar entities in
rural areas served by the center.
``(v) Programs providing technical assistance, research
services, and advisory services to individuals, cooperatives,
small businesses, and other similar entities in rural areas
served by the center.
``(vi) Programs providing for the coordination of services
and sharing of information among the center.
``(D) A description of the contributions that the
activities are likely to make to the improvement of the
economic conditions of the rural areas for which the center
will provide services.
``(E) Provisions that the center, in carrying out the
activities, will seek, where appropriate, the advice,
participation, expertise, and assistance of representatives
of business, industry, educational institutions, the Federal
Government, and State and local governments.
``(F) Provisions that the center will take all practicable
steps to develop continuing sources of financial support for
the center, particularly from sources in the private sector.
``(G) Provisions for--
``(i) monitoring and evaluating the activities by the
nonprofit institution operating the center; and
``(ii) accounting for money received by the institution
under this section.
``(5) Awarding grants.--Grants made under paragraph (2)
shall be made on a competitive basis. In making grants under
paragraph (2), the Secretary shall give preference to grant
applications providing for the establishment of centers for
rural cooperative development that--
``(A) demonstrate a proven track record in administering a
nationally coordinated, regionally or State-wide operated
project;
``(B) demonstrate previous expertise in providing technical
assistance in rural areas;
``(C) demonstrate the ability to assist in the retention of
businesses, facilitate the establishment of cooperatives and
new cooperative approaches, and generate employment
opportunities that will improve the economic conditions of
rural areas;
``(D) demonstrate the ability to create horizontal linkages
among businesses within and among various sectors in rural
areas of the United States and vertical linkages to domestic
and international markets;
``(E) commit to providing technical assistance and other
services to underserved and
[[Page 723]]
economically distressed areas in rural areas of the United
States; and
``(F) commit to providing greater than a 25 percent
matching contribution with private funds and in-kind
contributions.
``(6) 1-year grants; authority to approve grant for 1
additional year without application.--The Secretary shall
make grants under this subsection for a period of 1 year. The
Secretary shall evaluate programs receiving assistance under
this subsection. If the Secretary determines it to be in the
best interest of the program, the Secretary may award an
additional grant to the program for the immediately
succeeding year without application for the grant.
``(7) Technical assistance to prevent excessive
unemployment or underemployment.--In carrying out this
subsection, the Secretary may provide technical assistance to
alleviate or prevent conditions of excessive unemployment,
underemployment, outmigration, or low employment growth in
economically distressed rural areas that the Secretary
determines have a substantial need for the assistance. The
assistance may include planning and feasibility studies,
management and operational assistance, and studies evaluating
the need for development potential of projects that increase
employment and improve economic growth in the areas.
``(8) Grants to defray administrative costs.--The Secretary
may make grants to defray not to exceed 75 percent of the
costs incurred by organizations and public bodies to carry
out projects for which grants or loans are made under this
subsection. For purposes of determining the non-Federal share
of the costs, the Secretary shall consider contributions in
cash and in kind, fairly evaluated, including premises,
equipment, and services.
``(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$50,000,000 for each of fiscal years 1996 through 2002.'';
(5) by striking subsections (f), (g), (h), and (i);
(6) by redesignating subsection (j) as subsection (f); and
(7) by adding at the end the following:
``(g) Loan Guarantees for the Purchase of Cooperative
Stock.--
``(1) Definition of farmer.--In this subsection, the term
`farmer' means any farmer that the Secretary determines is a
family farmer.
``(2) Loan guarantees.--The Secretary may guarantee loans
under this section to individual farmers for the purpose of
purchasing start-up capital stock of a farmer cooperative
established for the purpose of processing an agricultural
commodity.
``(3) Eligibility.--To be eligible for a loan guarantee
under this subsection, a farmer must produce the agricultural
commodity that will be processed by the cooperative.''.
(b) Conforming Amendments.--
(1) Clause (iii) of section 307(a)(6)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1927(a)(6)(B)) (as redesignated by section 661(a)(2)) is
amended by striking ``subsections (d) and (e) of section
310B'' and inserting ``section 310B(d)''.
(2) Section 232(c)(2) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6942(c)(2)) is amended--
(A) by striking ``310B(b)(2)'' and inserting ``310B(b)'';
and
(B) by striking ``1932(b)(2)'' and inserting ``1932(b)''.
(3) Section 233(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6943(b)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
SEC. 748. ADMINISTRATION.
Section 331(b)(4) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981(b)(4)) is amended--
(1) by inserting after ``claims'' the following:
``(including debts and claims arising from loan
guarantees)'';
(2) by striking ``Farmers Home Administration or'' and
inserting ``Consolidated Farm Service Agency, Rural Utilities
Service, Rural Housing Service, Rural Business-Cooperative
Service, or a successor agency, or''; and
(3) by inserting after ``activities under the Housing Act
of 1949.'' the following: ``In the case of a security
instrument entered into under the Rural Electrification Act
of 1936 (7 U.S.C. 901 et seq.), the Secretary shall notify
the Attorney General of the intent of the Secretary to
exercise the authority of the Secretary under this
paragraph.''.
SEC. 749. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 338 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1988) is amended--
(1) by striking subsections (b), (c), (d), and (e); and
(2) by redesignating subsection (f) as subsection (b).
(b) Conforming Amendments.--
(1) The first sentence of section 309(g)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1929(g)(1)) is amended by inserting after ``section 338(c)''
the following: ``(before the amendment made by section
749(a)(1) of the Federal Agriculture Improvement and Reform
Act of 1996)''.
(2) Section 343(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(b)) is amended by striking
``338(f),'' and inserting ``338(b),''.
SEC. 750. TESTIMONY BEFORE CONGRESSIONAL COMMITTEES.
Section 345 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1993) is repealed.
SEC. 751. PROHIBITION ON USE OF LOANS FOR CERTAIN PURPOSES.
Section 363 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2006e) is amended by adding at the end the
following: ``This section shall not apply to a loan made or
guaranteed under this title for a utility line.''.
SEC. 752. RURAL DEVELOPMENT CERTIFIED LENDERS PROGRAM.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 363 (7 U.S.C. 2006e) the
following:
``SEC. 364. RURAL DEVELOPMENT CERTIFIED LENDERS PROGRAM.
``(a) Certified Lenders Program.--
``(1) In general.--The Secretary may establish a program
under which the Secretary may guarantee a loan for any rural
development program that is made by a lender certified by the
Secretary.
``(2) Certification requirements.--The Secretary may
certify a lender if the lender meets such criteria as the
Secretary may prescribe in regulations, including the ability
of the lender to properly make, service, and liquidate the
guaranteed loans of the lender.
``(3) Condition of certification.--As a condition of
certification, the Secretary may require the lender to
undertake to service the guaranteed loan using standards that
are not less stringent than generally accepted banking
standards concerning loan servicing that are used by prudent
commercial or cooperative lenders.
``(4) Guarantee.--Notwithstanding any other provision of
law, the Secretary may guarantee not more than 80 percent of
a loan made by a certified lender described in paragraph (1),
if the borrower of the loan meets the eligibility
requirements and such other criteria for the loan guarantee
that are established by the Secretary.
``(5) Certifications.--With respect to loans to be
guaranteed, the Secretary may permit a certified lender to
make appropriate certifications (as provided in regulations
issued by the Secretary)--
``(A) relating to issues such as creditworthiness,
repayment ability, adequacy of collateral, and feasibility of
the operation; and
``(B) that the borrower is in compliance with all
requirements of law, including regulations issued by the
Secretary.
``(6) Relationship to other requirements.--This subsection
shall not affect the responsibility of the Secretary to
determine eligibility, review financial information, and
otherwise assess an application.
``(b) Preferred Certified Lenders Program.--
``(1) In general.--The Secretary may establish a preferred
certified lenders program for lenders who establish their--
``(A) knowledge of, and experience under, the program
established under subsection (a);
``(B) knowledge of the regulations concerning the
particular guaranteed loan program; and
``(C) proficiency related to the certified lender program
requirements.
``(2) Additional lending institutions.--The Secretary may
certify any lending institution as a preferred certified
lender if the institution meets such additional criteria as
the Secretary may prescribe by regulation.
``(3) Revocation of designation.--The designation of a
lender as a preferred certified lender shall be revoked if
the Secretary determines that the lender is not adhering to
the rules and regulations applicable to the program or if the
loss experiences of the preferred certified lender are
greater than other preferred certified lenders, except that
the suspension or revocation shall not affect any outstanding
guarantee.
``(4) Condition of certification.--As a condition of the
preferred certification, the Secretary shall require the
lender to undertake to service the loan guaranteed by the
Secretary under this subsection using generally accepted
banking standards concerning loan servicing employed by
prudent commercial or cooperative lenders. The Secretary
shall, at least annually, monitor the performance of each
preferred certified lender to ensure that the conditions of
the certification are being met.
``(5) Effect of preferred lender certification.--
Notwithstanding any other provision of law, the Secretary
may--
``(A) guarantee not more than 80 percent of any approved
loan made by a preferred certified lender as described in
this subsection, if the borrower meets the eligibility
requirements and such other criteria as may be applicable to
loans guaranteed by the Secretary; and
``(B) permit preferred certified lenders to make all
decisions, with respect to loans to be guaranteed by the
Secretary under this subsection relating to creditworthiness,
the closing, monitoring, collection, and liquidation of
loans, and to accept appropriate certifications, as provided
in regulations issued by the Secretary, that the borrower is
in compliance with all requirements of law and regulations
issued by the Secretary.''.
SEC. 753. SYSTEM FOR DELIVERY OF CERTAIN RURAL DEVELOPMENT
PROGRAMS.
(a) In General.--Section 365 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008) is repealed.
(b) Conforming Amendments.--
(1) Section 2375 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 6613) is amended--
[[Page 724]]
(A) in subsection (e), by striking ``, as defined in
section 365(b)(2) of the Consolidated Farm and Rural
Development Act,''; and
(B) by adding at the end the following:
``(g) Definition of Designated Rural Development Program.--
In this section, the term `designated rural development
program' means a program carried out under section 304(b),
306(a), or 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(b), 1926(a), and 1932(e)) for
which funds are available at any time during the fiscal
year.''.
(2) Paragraph (2) of section 233(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6943(b)) (as
redesignated by section 747(b)(3)(B)) is amended by striking
``sections 365 through 369 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008-2008d)'' and inserting
``section 369 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008d)''.
SEC. 754. STATE RURAL ECONOMIC DEVELOPMENT REVIEW PANEL.
Section 366 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008a) is repealed.
SEC. 755. LIMITED TRANSFER AUTHORITY OF LOAN AMOUNTS.
Section 367 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008b) is repealed.
SEC. 756. ALLOCATION AND TRANSFER OF LOAN GUARANTEE
AUTHORITY.
Section 368 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008c) is repealed.
SEC. 757. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 306C (7 U.S.C. 1926c) the
following:
``SEC. 306D. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
``(a) In General.--The Secretary may make grants to the
State of Alaska for the benefit of rural or Native villages
in Alaska to provide for the development and construction of
water and wastewater systems to improve the health and
sanitation conditions in those villages.
``(b) Matching Funds.--To be eligible to receive a grant
under subsection (a), the State of Alaska shall provide equal
matching funds from non-Federal sources.
``(c) Consultation With the State of Alaska.--The Secretary
shall consult with the State of Alaska on a method of
prioritizing the allocation of grants under subsection (a)
according to the needs of, and relative health and sanitation
conditions in, each village.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 1996 through 2002.''.
SEC. 758. APPLICATION REQUIREMENTS RELATING TO WATER AND
WASTE DISPOSAL LOAN AND GRANT PROGRAMS.
Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 926(a)) is amended by inserting
after paragraph (4) the following:
``(5) Application requirements.--Not earlier than 60 days
before a preliminary application is filed for a loan under
paragraph (1) or a grant under paragraph (2) for a water or
waste disposal purpose, a notice of the intent of the
applicant to apply for the loan or grant shall be published
in a general circulation newspaper. The selection of
engineers for a project design shall be done by a request for
proposals by the applicant.''.
SEC. 759. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
The Consolidated Farm and Rural Development Act (as amended
by section 649) is amended by adding at the end the
following:
``SEC. 375. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
``(a) Definitions.--In this section:
``(1) Board.--The term `Board' means the Board of Directors
established under subsection (f).
``(2) Center.--The term `Center' means the National Sheep
Industry Improvement Center established under subsection (b).
``(3) Eligible entity.--The term `eligible entity' means an
entity that promotes the betterment of the United States
sheep or goat industries and that is--
``(A) a public, private, or cooperative organization;
``(B) an association, including a corporation not operated
for profit;
``(C) a federally recognized Indian Tribe; or
``(D) a public or quasi-public agency.
``(4) Fund.--The term `Fund' means the National Sheep
Industry Improvement Center Revolving Fund established under
subsection (e).
``(b) Establishment of Center.--The Secretary shall
establish a National Sheep Industry Improvement Center.
``(c) Purposes.--The purposes of the Center shall be to--
``(1) promote strategic development activities and
collaborative efforts by private and State entities to
maximize the impact of Federal assistance to strengthen and
enhance production and marketing of sheep or goat products in
the United States;
``(2) optimize the use of available human capital and
resources within the sheep or goat industries;
``(3) provide assistance to meet the needs of the sheep or
goat industry for infrastructure development, business
development, production, resource development, and market and
environmental research;
``(4) advance activities that empower and build the
capacity of the United States sheep or goat industry to
design unique responses to the special needs of the sheep or
goat industries on both a regional and national basis; and
``(5) adopt flexible and innovative approaches to solving
the long-term needs of the United States sheep or goat
industry.
``(d) Strategic Plan.--
``(1) In general.--The Center shall submit to the Secretary
an annual strategic plan for the delivery of financial
assistance provided by the Center.
``(2) Requirements.--A strategic plan shall identify--
``(A) goals, methods, and a benchmark for measuring the
success of carrying out the plan and how the plan relates to
the national and regional goals of the Center;
``(B) the amount and sources of Federal and non-Federal
funds that are available for carrying out the plan;
``(C) funding priorities;
``(D) selection criteria for funding; and
``(E) a method of distributing funding.
``(e) Revolving Fund.--
``(1) Establishment.--There is established in the Treasury
the National Sheep Industry Improvement Center Revolving
Fund. The Fund shall be available to the Center, without
fiscal year limitation, to carry out the authorized programs
and activities of the Center under this section.
``(2) Contents of fund.--There shall be deposited in the
Fund--
``(A) such amounts as may be appropriated, transferred, or
otherwise made available to support programs and activities
of the Center;
``(B) payments received from any source for products,
services, or property furnished in connection with the
activities of the Center;
``(C) fees and royalties collected by the Center from
licensing or other arrangements relating to commercialization
of products developed through projects funded, in whole or
part, by grants, contracts, or cooperative agreements
executed by the Center;
``(D) proceeds from the sale of assets, loans, and equity
interests made in furtherance of the purposes of the Center;
``(E) donations or contributions accepted by the Center to
support authorized programs and activities; and
``(F) any other funds acquired by the Center.
``(3) Use of fund.--
``(A) In general.--The Center may use amounts in the Fund
to make grants and loans to eligible entities in accordance
with a strategic plan submitted under subsection (d).
``(B) Continued existence.--The Center shall manage the
Fund in a manner that ensures that sufficient amounts are
available in the Fund to carry out subsection (c).
``(C) Diverse area.--The Center shall, to the maximum
extent practicable, use the Fund to serve broad geographic
areas and regions of diverse production.
``(D) Variety of loans and grants.--The Center shall, to
the maximum extent practicable, use the Fund to provide a
variety of grants and intermediate- and long-term loans.
``(E) Administration.--The Center may not use more than 3
percent of the amounts in the Fund for a fiscal year for the
administration of the Center.
``(F) Influencing legislation.--None of the amounts in the
Fund may be used to influence legislation.
``(G) Accounting.--To be eligible to receive amounts from
the Fund, an entity must agree to account for the amounts
using generally accepted accounting principles.
``(H) Uses of fund.--The Center may use amounts in the Fund
to--
``(i) participate with Federal and State agencies in
financing activities that are in accordance with a strategic
plan submitted under subsection (d), including participation
with several States in a regional effort;
``(ii) participate with other public and private funding
sources in financing activities that are in accordance with
the strategic plan, including participation in a regional
effort;
``(iii) provide security for, or make principal or interest
payments on, revenue or general obligation bonds issued by a
State, if the proceeds from the sale of the bonds are
deposited in the Fund;
``(iv) accrue interest;
``(v) guarantee or purchase insurance for local obligations
to improve credit market access or reduce interest rates for
a project that is in accordance with the strategic plan; or
``(vi) sell assets, loans, and equity interests acquired in
connection with the financing of projects funded by the
Center.
``(4) Loans.--
``(A) Rate.--A loan from the Fund may be made at an
interest rate that is below the market rate or may be
interest free.
``(B) Term.--The term of a loan may not exceed the shorter
of--
``(i) the useful life of the activity financed; or
``(ii) 40 years.
``(C) Source of repayment.--The Center may not make a loan
from the Fund unless the recipient establishes an assured
source of repayment.
``(D) Proceeds.--All payments of principal and interest on
a loan made from the Fund shall be deposited into the Fund.
``(5) Maintenance of effort.--The Center shall use the Fund
only to supplement and not to supplant Federal, State, and
private funds expended for rural development.
``(6) Funding.--
[[Page 725]]
``(A) Deposit of funds.--All Federal and non-Federal
amounts received by the Center to carry out this section
shall be deposited in the Fund.
``(B) Mandatory funds.--Out of any moneys in the Treasury
not otherwise appropriated, the Secretary of the Treasury
shall provide to the Center not to exceed $20,000,000 to
carry out this section.
``(C) Additional funds.--In addition to any funds provided
under subparagraph (B), there is authorized to be
appropriated $30,000,000 to carry out this section.
``(D) Privatization.--No additional Federal funds shall be
used to carry out this section beginning on the earlier of--
``(i) the date that is 10 years after the date of enactment
of this section; or
``(ii) the day after a total of $50,000,000 has been made
available under subparagraphs (B) and (C) to carry out this
section.
``(f) Board of Directors.--
``(1) In general.--The management of the Center shall be
vested in a Board of Directors.
``(2) Powers.--The Board shall--
``(A) be responsible for the general supervision of the
Center;
``(B) review any grant, loan, contract, or cooperative
agreement to be made or entered into by the Center and any
financial assistance provided to the Center;
``(C) make the final decision, by majority vote, on whether
and how to provide assistance to an applicant; and
``(D) develop and establish a budget plan and a long-term
operating plan to carry out the goals of the Center.
``(3) Composition.--The Board shall be composed of--
``(A) 7 voting members, of whom--
``(i) 4 members shall be active producers of sheep or goats
in the United States;
``(ii) 2 members shall have expertise in finance and
management; and
``(iii) 1 member shall have expertise in lamb, wool, goat,
or goat product marketing; and
``(B) 2 nonvoting members, of whom--
``(i) 1 member shall be the Under Secretary of Agriculture
for Rural Development; and
``(ii) 1 member shall be the Under Secretary of Agriculture
for Research, Education, and Economics.
``(4) Nomination.--
``(A) Nominating body.--The Secretary shall appoint the
voting members of the Board from nominations submitted by
organizations described in subparagraph (B).
``(B) National organizations.--A national organization is
described in this subparagraph if the organization--
``(i) consists primarily of active sheep or goat producers
in the United States; and
``(ii) has as the primary interest of the organization the
production of sheep or goats in the United States.
``(5) Term of office.--
``(A) In general.--Subject to subparagraph (B), the term of
office of a voting member of the Board shall be 3 years.
``(B) Staggered initial terms.--The initial voting members
of the Board (other than the chairperson of the initially
established Board) shall serve for staggered terms of 1, 2,
and 3 years, as determined by the Secretary.
``(C) Reelection.--A voting member may be reelected for not
more than 1 additional term.
``(6) Vacancy.--
``(A) In general.--A vacancy on the Board shall be filled
in the same manner as the original Board.
``(B) Reelection.--A member elected to fill a vacancy for
an unexpired term may be reelected for 1 full term.
``(7) Chairperson.--
``(A) In general.--The Board shall select a chairperson
from among the voting members of the Board.
``(B) Term.--The term of office of the chairperson shall be
2 years.
``(8) Annual meeting.--
``(A) In general.--The Board shall meet not less than once
each fiscal year at the call of the chairperson or at the
request of the executive director appointed under subsection
(g)(1).
``(B) Location.--The location of a meeting of the Board
shall be established by the Board.
``(9) Voting.--
``(A) Quorum.--A quorum of the Board shall consist of a
majority of the voting members.
``(B) Majority vote.--A decision of the Board shall be made
by a majority of the voting members of the Board.
``(10) Conflicts of interest.--
``(A) In general.--Except as provided in subparagraph (D),
a member of the Board shall not vote on any matter respecting
any application, contract, claim, or other particular matter
pending before the Board in which, to the knowledge of the
member, an interest is held by--
``(i) the member;
``(ii) any spouse of the member;
``(iii) any child of the member;
``(iv) any partner of the member;
``(v) any organization in which the member is serving as an
officer, director, trustee, partner, or employee; or
``(vi) any person with whom the member is negotiating or
has any arrangement concerning prospective employment or with
whom the member has a financial interest.
``(B) Removal.--Any action by a member of the Board that
violates subparagraph (A) shall be cause for removal from the
Board.
``(C) Validity of action.--An action by a member of the
Board that violates subparagraph (A) shall not impair or
otherwise affect the validity of any otherwise lawful action
by the Board.
``(D) Disclosure.--
``(i) In general.--If a member of the Board makes a full
disclosure of an interest and, prior to any participation by
the member, the Board determines, by majority vote, that the
interest is too remote or too inconsequential to affect the
integrity of any participation by the member, the member may
participate in the matter relating to the interest, except as
provided in subparagraph (E)(iii).
``(ii) Vote.--A member that discloses an interest under
clause (i) shall not vote on a determination of whether the
member may participate in the matter relating to the
interest.
``(E) Remands.--
``(i) In general.--The Secretary may vacate and remand to
the Board for reconsideration any decision made pursuant to
subsection (e)(3)(H) if the Secretary determines that there
has been a violation of this paragraph or any conflict of
interest provision of the bylaws of the Board with respect to
the decision.
``(ii) Reasons.--In the case of any violation and remand of
a funding decision to the Board under clause (i), the
Secretary shall inform the Board of the reasons for the
remand.
``(iii) Conflicted members not to vote on remanded
decisions.--If a decision with respect to a matter is
remanded to the Board by reason of a conflict of interest
faced by a Board member, the member may not participate in
any subsequent decision with respect to the matter.
``(11) Compensation.--
``(A) In general.--A member of the Board shall not receive
any compensation by reason of service on the Board.
``(B) Expenses.--A member of the Board shall be reimbursed
for travel, subsistence, and other necessary expenses
incurred by the member in the performance of a duty of the
member.
``(12) Bylaws.--The Board shall adopt, and may from time to
time amend, any bylaw that is necessary for the proper
management and functioning of the Center.
``(13) Public hearings.--Not later than 1 year after the
date of enactment of this section, the Board shall hold
public hearings on policy objectives of the program
established under this section.
``(14) Organizational system.--The Board shall provide a
system of organization to fix responsibility and promote
efficiency in carrying out the functions of the Board.
``(15) Use of department of agriculture.--The Board may,
with the consent of the Secretary, utilize the facilities of
and the services of employees of the Department of
Agriculture, without cost to the Center.
``(g) Officers and Employees.--
``(1) Executive director.--
``(A) In general.--The Board shall appoint an executive
director to be the chief executive officer of the Center.
``(B) Tenure.--The executive director shall serve at the
pleasure of the Board.
``(C) Compensation.--Compensation for the executive
director shall be established by the Board.
``(2) Other officers and employees.--The Board may select
and appoint officers, attorneys, employees, and agents who
shall be vested with such powers and duties as the Board may
determine.
``(3) Delegation.--The Board may, by resolution, delegate
to the chairperson, the executive director, or any other
officer or employee any function, power, or duty of the Board
other than voting on a grant, loan, contract, agreement,
budget, or annual strategic plan.
``(h) Consultation.--To carry out this section, the Board
may consult with--
``(1) State departments of agriculture;
``(2) Federal departments and agencies;
``(3) nonprofit development corporations;
``(4) colleges and universities;
``(5) banking and other credit-related agencies;
``(6) agriculture and agribusiness organizations; and
``(7) regional planning and development organizations.
``(i) Oversight.--
``(1) In general.--The Secretary shall review and monitor
compliance by the Board and the Center with this section.
``(2) Sanctions.--If, following notice and opportunity for
a hearing, the Secretary finds that the Board or the Center
is not in compliance with this section, the Secretary may--
``(A) cease making deposits to the Fund;
``(B) suspend the authority of the Center to withdraw funds
from the Fund; or
``(C) impose other appropriate sanctions, including
recoupment of money improperly expended for purposes
prohibited or not authorized by this Act and disqualification
from receipt of financial assistance under this section.
``(3) Rescission of sanctions.--The Secretary shall rescind
sanctions imposed under paragraph (2) on a finding by the
Secretary that there is no longer any failure by the Board or
the Center to comply with this section or that the
noncompliance will be promptly corrected.''.
SEC. 759A. COOPERATIVE AGREEMENTS.
Section 607(b) of the Rural Development Act of 1972 (7
U.S.C. 2204b(b)) is amended by striking paragraph (4) and
inserting the following:
``(4) Cooperative agreements.--
[[Page 726]]
``(A) In general.--Notwithstanding chapter 63 of title 31,
United States Code, the Secretary may enter into cooperative
agreements with other Federal agencies, State and local
governments, and any other organization or individual to
improve the coordination and effectiveness of Federal
programs, services, and actions affecting rural areas,
including the establishment and financing of interagency
groups, if the Secretary determines that the objectives of
the agreement will serve the mutual interest of the parties
in rural development activities.
``(B) Cooperators.--Each cooperator, including each Federal
agency, to the extent that funds are otherwise available, may
participate in any cooperative agreement or working group
established pursuant to this paragraph by contributing funds
or other resources to the Secretary to carry out the
agreement or functions of the group.''.
SEC. 759B. ELIGIBILITY FOR GRANTS TO BROADCASTING SYSTEMS.
Section 310B(f) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(f)) (as redesignated by
section 747(a)(6))) is amended by striking ``Systems.--The''
and inserting ``Systems.--
``(1) Definition of statewide.--In this subsection, the
term `statewide' means having a coverage area of not less
than 90 percent of the population of a State and not less
than 80 percent of the rural land area of the State (as
determined by the Secretary).
``(2) Grants.--The''.
CHAPTER 2--RURAL COMMUNITY ADVANCEMENT PROGRAM
SEC. 761. RURAL COMMUNITY ADVANCEMENT PROGRAM.
The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended by adding at the end the following:
``Subtitle E--Rural Community Advancement Program
``SEC. 381A. DEFINITIONS.
``In this subtitle:
``(1) Rural and rural area.--The terms `rural' and `rural
area' mean, subject to section 306(a)(7), a city, town, or
unincorporated area that has a population of 50,000
inhabitants or less, other than an urbanized area immediately
adjacent to a city, town, or unincorporated area that has a
population in excess of 50,000 inhabitants.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Virgin Islands of the United States, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and the Federated
States of Micronesia.
``(3) State director.--The term `State director' means,
with respect to a State, the Director of the Rural Economic
and Community Development State Office.
``SEC. 381B. ESTABLISHMENT.
``The Secretary shall establish a rural community
advancement program to provide grants, loans, loan
guarantees, and other assistance to meet the rural
development needs of local communities in States and
federally recognized Indian tribes.
``SEC. 381C. NATIONAL OBJECTIVES.
``The national objectives of the program established under
this subtitle shall be to--
``(1) promote strategic development activities and
collaborative efforts by State and local communities, and
federally recognized Indian tribes, to maximize the impact of
Federal assistance;
``(2) optimize the use of resources;
``(3) provide assistance in a manner that reflects the
complexity of rural needs, including the needs for business
development, health care, education, infrastructure, cultural
resources, the environment, and housing;
``(4) advance activities that empower, and build the
capacity of, State and local communities to design unique
responses to the special needs of the State and local
communities, and federally recognized Indian tribes, for
rural development assistance; and
``(5) adopt flexible and innovative approaches to solving
rural development problems.
``SEC. 381D. STRATEGIC PLANS.
``(a) In General.--The Secretary shall direct each of the
Directors of Rural Economic and Community Development State
Offices to prepare a strategic plan--
``(1) for each State for the delivery of assistance under
this subtitle in the State; and
``(2) for each federally recognized Indian tribe for the
delivery of assistance under this subtitle to the Indian
tribe.
``(b) Assistance.--
``(1) In general.--Financial assistance for rural
development provided under this subtitle for a State or a
federally recognized Indian tribe shall be used only for
orderly community development that is consistent with the
strategic plan of the State or Indian tribe.
``(2) Rural area.--Assistance under this subtitle may only
be provided in a rural area.
``(3) Small communities.--In carrying out this subtitle in
a State, the Secretary shall give priority to communities
with the smallest populations and lowest per capita income.
``(c) Review.--The Secretary shall review the strategic
plan of each State and federally recognized Indian tribe not
later than 60 days after receiving the plan, and at least
once every 5 years thereafter.
``(d) Contents.--A strategic plan of a State or federally
recognized Indian tribe under this section shall be a plan
that--
``(1) coordinates economic, human, and community
development plans and related activities proposed for an
affected area;
``(2) provides that the State or federally recognized
Indian tribe, as appropriate, and an affected community
(including local institutions and organizations that have
contributed to the planning process) shall act as full
partners in the process of developing and implementing the
plan;
``(3) identifies goals, methods, and benchmarks for
measuring the success of carrying out the plan and how the
plan relates to local or regional ecosystems;
``(4) in the case of a State, provides for the involvement,
in the preparation of the plan, of State, local, private, and
public persons, State rural development councils, federally
recognized Indian tribes in the State, and community-based
organizations;
``(5) identifies the amount and source of Federal and non-
Federal resources that are available for carrying out the
plan; and
``(6) includes such other information as may be required by
the Secretary.
``SEC. 381E. RURAL DEVELOPMENT TRUST FUND.
``(a) Establishment.--There is established in the Treasury
of the United States a trust fund which shall be known as the
Rural Development Trust Fund (in this subtitle referred to as
the `Trust Fund').
``(b) Accounts.--There are established in the Trust Fund
the following accounts:
``(1) The rural community facilities account.
``(2) The rural utilities account.
``(3) The rural business and cooperative development
account.
``(4) The national reserve account.
``(5) The federally recognized Indian tribe account.
``(c) Deposits Into Accounts.--Notwithstanding any other
provision of law, each fiscal year--
``(1) all amounts made available to carry out the
authorities described in subsection (d)(1) for the fiscal
year shall be deposited into the rural community facilities
account of the Trust Fund;
``(2) all amounts made available to carry out the
authorities described in subsection (d)(2) for the fiscal
year shall be deposited into the rural utilities account of
the Trust Fund; and
``(3) all amounts made available to carry out the
authorities described in subsection (d)(3) for the fiscal
year shall be deposited into the rural business and
cooperative development account of the Trust Fund.
``(d) Function Categories.--The function categories
described in this subsection are the following:
``(1) Rural community facilities.--The rural community
development category consists of all amounts made available
for--
``(A) community facility direct and guaranteed loans under
section 306(a)(1); or
``(B) community facility grants under section 306(a)(19).
``(2) Rural utilities.--The rural utilities category
consists of all amounts made available for--
``(A) water or waste disposal grants or direct or
guaranteed loans under paragraph (1) or (2) of section
306(a);
``(B) rural water or wastewater technical assistance and
training grants under section 306(a)(14);
``(C) emergency community water assistance grants under
section 306A; or
``(D) solid waste management grants under section 310B(b).
``(3) Rural business and cooperative development.--The
rural business and cooperative development category consists
of all amounts made available for--
``(A) rural business opportunity grants under section
306(a)(11)(A);
``(B) business and industry guaranteed loans under section
310B(a)(1); or
``(C) rural business enterprise grants or rural educational
network grants under section 310B(c).
``(e) National Reserve Account.--
``(1) Transfers into account.--
``(A) Initial transfer.--Each fiscal year, the Secretary
shall transfer to the national reserve account of the Trust
Fund from each account specified in subsection (c) not more
than the applicable percentage of the amount deposited in
each such account for the fiscal year under subsection (c).
``(B) Repooling of unobligated funds allocated among the
states.--Not earlier than July 15 of each fiscal year, the
Secretary shall transfer to the national reserve account from
each account specified in subsection (c) any amount in the
account that is allocated for any State, and has not been
obligated by the State director or obligated for specific
approved projects in the State.
``(2) Use.--The Secretary may use amounts in the national
reserve account of the Trust Fund, pursuant to any authority
described in subsection (d)--
``(A) in the case of a fiscal year other than fiscal year
2001 or 2002--
``(i) to meet situations of exceptional need;
``(ii) to meet emergency situations; or
``(iii) to provide funds to entities whose applications for
funds provided under this subtitle have been approved and who
have not received funds sufficient to meet the needs of the
projects described in the applications; or
``(B) in the case of fiscal years 2001 and 2002--
``(i) to meet situations of exceptional need; or
``(ii) to meet emergency situations.
``(3) Applicable percentage defined.--In paragraph (1), the
term `applicable percentage' means, with respect to a fiscal
year--
``(A) 15 percent for fiscal year 1997;
``(B) 12.5 percent for fiscal year 1998;
``(C) 10 percent for fiscal year 1999;
[[Page 727]]
``(D) 7.5 percent for fiscal year 2000;
``(E) 5 percent for fiscal year 2001; and
``(F) 5 percent for fiscal year 2002.
``(f) Federally Recognized Indian Tribe Account.--
``(1) Transfers into account.--Each fiscal year, the
Secretary shall transfer to the federally recognized Indian
tribe account of the Trust Fund 3 percent of the amount
deposited into the Trust Fund for the fiscal year under
subsection (d).
``(2) Use of funds.--The Secretary shall make available to
federally recognized Indian tribes the amounts in the
federally recognized Indian tribe account for use pursuant to
any authority described in subsection (d).
``(g) Allocation Among States.--The Secretary shall
allocate the amounts in each account specified in subsection
(c) among the States in a fair, reasonable, and appropriate
manner that takes into consideration rural population, levels
of income, unemployment, and other relevant factors, as
determined by the Secretary.
``(h) Availability of Funds Allocated for States.--The
Secretary shall make available to each State the total amount
allocated for the State under subsection (g) of this section
that remains after applying section 381G.
``SEC. 381F. TRANSFERS OF FUNDS.
``(a) General Authority.--Subject to subsection (b) of this
section, the State Director of any State may, during any
fiscal year, transfer from each account specified in section
381E(c) a total of not more than 25 percent of the amount in
the account that is allocated for the State for the fiscal
year to any other account in which amounts are allocated for
the State for the fiscal year.
``(b) Limitation.--Except as provided in subsection (c) of
this section, a transfer otherwise authorized by subsection
(a) of this section to be made during a fiscal year may not
be made to the extent that the sum of the amount to be
transferred and all amounts so transferred by State directors
under subsection (a) of this section during the fiscal year
exceeds 10 percent of the total amount made available to
carry out the authorities described in section 381E(d) for
the fiscal year.
``(c) Exceptions.--Subsections (a) and (b) shall not apply
to a transfer of funds by a State director if the State
director certifies to the Secretary that--
``(1) there is an approved application for a project in the
function category to which the funds are to be transferred
but funds are not available for the project in the function
category; and
``(2)(A) there is no such approved application in the
function category from which the funds are to be transferred;
or
``(B) the community that would benefit from the project has
a smaller population and a lesser per capita income than any
community that would benefit from a project in the function
category from which the funds are to be transferred.
``SEC. 381G. GRANTS TO STATES.
``(a) Simple Grants.--
``(1) Mandatory grant.--The Secretary shall make a grant to
any eligible State for any fiscal year for which the State
requests a grant under this section in an amount equal to 5
percent of the total amount allocated for the State under
section 381E(g)
``(2) Permissive grant.--Before July 15 of each fiscal
year, the Secretary may make a grant to any State to defray
the cost of any subsidy associated with a guarantee provided
by an eligible public entity of the State under section 381H
in an amount that does not exceed 5 percent of the total
amount allocated for the State under section 381E(g).
``(3) Source of funds.--The Secretary shall make grants to
a State under paragraphs (1) and (2) from amounts allocated
for the State in the accounts specified in section 381E(c),
by reducing each such allocated amount by the same
percentage.
``(b) Matching Grants.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall make a grant to any eligible State for any fiscal year
for which the State requests a grant under this section in an
amount equal to 5 percent of the amount allocated for the
State for the fiscal year under section 381E(h).
``(2) Eligibility.--A State shall be eligible for a grant
under paragraph (1) if the State makes commitments to the
Secretary to--
``(A) expend from non-Federal sources in accordance with
subsection (c) an amount that is not less than 200 percent of
the amount of the grant; and
``(B) maintain the amounts paid to the State under this
subsection and the amount referred to in subparagraph (A) in
an account separate from all other State funds until expended
in accordance with subsection (c).
``(3) Source of funds.--If the Secretary makes a grant
under paragraph (1) before July 15 of the fiscal year, the
grant shall be made from amounts allocated for the State in
the accounts specified in section 381E(c) for the fiscal
year, by reducing each allocated amount by the same
percentage.
``(c) Use of Funds.--A State to which funds are provided
under this section shall use the funds in rural areas for any
activity authorized under the authorities described in
section 381E(d) in accordance with the State strategic plan
referred to in section 381D.
``(d) Maintenance of Effort.--The State shall provide
assurances to the Secretary that funds provided to the State
under this section will be used only to supplement, not to
supplant, the amount of Federal, State, and local funds
otherwise expended for rural development assistance in the
State.
``(e) Appeals.--The Secretary shall provide to a State an
opportunity to appeal any action taken with respect to the
State under this section.
``(f) Administrative Costs.--Federal funds shall not be
used for any administrative costs incurred by a State in
carrying out this subtitle.
``(g) Expenditure of Funds by State.--
``(1) In general.--Payments to a State from a grant under
this section for a fiscal year shall be obligated by the
State in the fiscal year or in the succeeding fiscal year. A
State shall obligate funds under this section to provide
assistance to rural areas.
``(2) Failure to obligate.--If a State fails to obligate
payments in accordance with paragraph (1), the Secretary
shall make an equal reduction in the amount of payments
provided to the State under this section for the immediately
succeeding fiscal year.
``(3) Noncompliance.--
``(A) Review.--The Secretary shall review and monitor State
compliance with this section.
``(B) Penalty.--If the Secretary finds that there has been
misuse of grant funds provided under this section, or
noncompliance with any of the terms and conditions of a
grant, after reasonable notice and opportunity for a
hearing--
``(i) the Secretary shall notify the State of the finding;
and
``(ii) no further payments to the State shall be made with
respect to the programs funded under this section until the
Secretary is satisfied that there is no longer any failure to
comply or that the noncompliance will be promptly corrected.
``(C) Other sanctions.--In the case of a finding of
noncompliance made pursuant to subparagraph (B), the
Secretary may, in addition to, or in lieu of, imposing the
sanctions described in subparagraph (B), impose other
appropriate sanctions, including recoupment of money
improperly expended for purposes prohibited or not authorized
by this section and disqualification from the receipt of
financial assistance under this section.
``(h) No Entitlement to Contract, Grant, or Assistance.--
Nothing in this subtitle--
``(1) entitles any person to assistance or a contract or
grant; or
``(2) limits the right of a State to impose additional
limitations or conditions on assistance or a contract or
grant under this section.
``SEC. 381H. GUARANTEE AND COMMITMENT TO GUARANTEE LOANS.
``(a) Definition of Eligible Public Entity.--In this
section, the term `eligible public entity' means any unit of
general local government.
``(b) Guarantee and Commitment.--The Secretary, on such
terms and conditions as the Secretary may prescribe, may
guarantee and make commitments to guarantee notes or other
obligations issued by eligible public entities, or by public
agencies designated by the eligible public entities, for the
purposes of financing rural development activities authorized
and funded under section 381G.
``(c) Limitation.--The Secretary may not make a guarantee
or commitment to guarantee with respect to a note or other
obligation if the total amount of outstanding notes or
obligations guaranteed under this section (excluding any
amount repaid under the contract entered into under
subsection (e)(1)(A)) for issuers in the State would exceed
an amount equal to 5 times the sum of the total amount of
grants made to the State under section 381G.
``(d) Payment of Principal, Interest, and Costs.--
Notwithstanding any other provision of this subtitle, a State
to which a grant is made under section 381G may use the grant
(including program income derived from the grant) to pay
principal and interest due (including such servicing,
underwriting, or other costs as may be specified in
regulations of the Secretary) on any note or other obligation
guaranteed under this section.
``(e) Repayment Contract; Security.--
``(1) In general.--To ensure the repayment of notes or
other obligations and charges incurred under this section and
as a condition for receiving the guarantees, the Secretary
shall require the issuer to--
``(A) enter into a contract, in a form acceptable to the
Secretary, for repayment of notes or other obligations
guaranteed under this section;
``(B) pledge any grant for which the issuer may become
eligible under this subtitle; and
``(C) furnish, at the discretion of the Secretary, such
other security as may be considered appropriate by the
Secretary in making the guarantees.
``(2) Security.--To assist in ensuring the repayment of
notes or other obligations and charges incurred under this
section, a State shall pledge any grant for which the State
may become eligible under this subtitle as security for notes
or other obligations and charges issued under this section by
any eligible public entity in the State.
``(f) Pledged Grants for Repayments.--Notwithstanding any
other provision of this subtitle, the Secretary may apply
grants pledged pursuant to paragraphs (1)(B) and (2) of
subsection (e) to any repayments due the United States as a
result of the guarantees.
``(g) Outstanding Obligations.--The total amount of
outstanding obligations guaranteed on a cumulative basis by
the Secretary pursuant to subsection (b) shall not at any
time exceed such amount as may be authorized to be
appropriated for such purpose for any fiscal year.
``(h) Purchase of Guaranteed Obligations by Federal
Financing Bank.--Notes
[[Page 728]]
or other obligations guaranteed under this section may not be
purchased by the Federal Financing Bank.
``(i) Full Faith and Credit.--The full faith and credit of
the United States is pledged to the payment of all guarantees
made under this section. Any such guarantee made by the
Secretary shall be conclusive evidence of the eligibility of
the obligations for the guarantee with respect to principal
and interest. The validity of the guarantee shall be
incontestable in the hands of a holder of the guaranteed
obligations.
``SEC. 381I. LOCAL INVOLVEMENT.
``An application for assistance under this subtitle shall
include evidence of significant community support for the
project for which the assistance is requested. In the case of
assistance for a community facilities or infrastructure
project, the evidence shall be in the form of a certification
of support for the project from each affected general purpose
local government.
``SEC. 381J. INTERSTATE COLLABORATION.
``The Secretary shall permit the establishment of voluntary
pooling arrangements among States, and regional fund-sharing
agreements, to carry out projects receiving assistance under
this subtitle.
``SEC. 381K. ANNUAL REPORT.
``(a) In General.--The Secretary, in collaboration with
State, local, public, and private entities, State rural
development councils, and community-based organizations,
shall prepare an annual report that contains evaluations,
assessments, and performance outcomes concerning the rural
community advancement programs carried out under this
subtitle.
``(b) Submission.--Not later than March 1 of each year, the
Secretary shall--
``(1) submit the report required by subsection (a) to
Congress and the chief executives of the States participating
in the program established under this subtitle; and
``(2) make the report available to State and local
participants.
``SEC. 381L. RURAL DEVELOPMENT INTERAGENCY WORKING GROUP.
``(a) In General.--The Secretary shall provide leadership
within the Executive branch for, and assume responsibility
for, establishing an interagency working group chaired by the
Secretary.
``(b) Duties.--The working group shall establish policy
for, coordinate, make recommendations with respect to, and
evaluate the performance of, all Federal rural development
efforts.
``SEC. 381M. DUTIES OF RURAL ECONOMIC AND COMMUNITY
DEVELOPMENT STATE OFFICES.
``In carrying out this subtitle, the Director of a Rural
Economic and Community Development State Office shall--
``(1) to the maximum extent practicable, ensure that the
State strategic plan referred to in section 381D is
implemented;
``(2) coordinate community development objectives within
the State;
``(3) establish links between local, State, and field
office program administrators of the Department of
Agriculture;
``(4) ensure that recipient communities comply with
applicable Federal and State laws and requirements; and
``(5) integrate State development programs with assistance
under this subtitle.
``SEC. 381N. ELECTRONIC TRANSFER.
``The Secretary shall transfer funds in accordance with
this subtitle through electronic transfer as soon as
practicable after the date of enactment of this subtitle.
``SEC. 381O. RURAL VENTURE CAPITAL DEMONSTRATION PROGRAM.
``(a) In General.--The Secretary may designate for each
fiscal year up to 10 community development venture capital
organizations to demonstrate the utility of guarantees to
attract increased private investment in rural private
business enterprises.
``(b) Rural Business Investment Pool.--
``(1) Establishment.--To be eligible to participate in the
demonstration program, an organization referred to in
subsection (a) shall establish a rural business private
investment pool (referred to in this subsection as a `pool')
for the purpose of making equity investments in rural private
business enterprises.
``(2) Guarantee.--From amounts in the national reserve
account of the Trust Fund, the Secretary shall guarantee the
funds in a pool against loss, except that the guarantee shall
not exceed an amount equal to 30 percent of the total funds
in the pool.
``(3) Amount.--The Secretary shall issue guarantees
covering not more than $15,000,000 of contingent liabilities
for each of fiscal years 1996 through 2002.
``(4) Term.--The term of a guarantee provided under this
subsection shall not exceed 10 years.
``(5) Submission of plan.--To be eligible to participate in
the demonstration program, an organization referred to in
subsection (a) shall submit a plan that describes--
``(A) potential sources and uses of the pool to be
established by the organization;
``(B) the utility of the guarantee authority in attracting
capital for the pool; and
``(C) on selection, mechanisms for notifying State, local,
and private nonprofit business development organizations and
businesses of the existence of the pool.
``(6) Competition.--
``(A) In general.--The Secretary shall conduct a
competition for the designation and establishment of pools.
``(B) Priority.--In conducting the competition, the
Secretary shall give priority to organizations that--
``(i) have a demonstrated record of performance, or have a
board and executive director with experience, in venture
capital, small business equity investment, or community
development finance;
``(ii) propose to serve low-income communities;
``(iii) propose to maintain an average investment of not
more than $500,000 from the pool of the organization;
``(iv) invest funds statewide or in a multicounty region;
and
``(v) propose to target job opportunities resulting from
the investments primarily to economically disadvantaged
individuals, as determined by the Secretary.
``(C) Geographic diversity.--To the extent practicable, the
Secretary shall designate organizations in diverse geographic
areas.''.
SEC. 762. SIMPLIFIED, UNIFORM APPLICATION FOR ASSISTANCE FROM
ALL FEDERAL RURAL DEVELOPMENT PROGRAMS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Agriculture shall develop a
streamlined, simplified, and uniform application which shall
be used in applying for assistance under all of the
following:
(1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375
and subtitle E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1924(b), 1926, 1926a, 1926c, 1926d, and 1932).
(2) Subtitle G of title XVI and sections 2281, 2333, and
2381 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5901-5908, 5177a, 950aaa-2, and 3125b).
(3) Subtitle C of title IX of the Food, Agriculture,
Conservation, and Trade Act Amendments of 1991 (Public Law
102-237: 7 U.S.C. 5930 note).
(4) Section 1323(b) of the Food Security Act of 1985
(Public Law 99-198; 7 U.S.C. 1932 note).
(5) Title V and section 603(c) of the Rural Development Act
of 1972 (7 U.S.C. 26661-2669 and 2204a(c)).
(6) Sections 5 and 311 and title IV of the Rural
Electrification Act of 1936 (7 U.S.C. 905, 940a, and 941-
950b).
SEC. 763. COMMUNITY FACILITIES GRANT PROGRAM.
Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) (as amended by section
741(a)(5)) is amended by adding at the end the following:
``(19) Community facilities grant program.--
``(A) In general.--The Secretary may make grants, in a
total amount not to exceed $10,000,000 for any fiscal year,
to associations, units of general local government, nonprofit
corporations, and federally recognized Indian tribes to
provide the Federal share of the cost of developing specific
essential community facilities in rural areas.
``(B) Federal share.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the Secretary shall, by regulation, establish the
amount of the Federal share of the cost of the facility under
this paragraph.
``(ii) Maximum amount.--The amount of a grant provided
under this paragraph for a facility shall not exceed 75
percent of the cost of developing the facility.
``(iii) Graduated scale.--The Secretary shall provide for a
graduated scale for the amount of the Federal share provided
under this paragraph, with higher Federal shares for
facilities in communities that have lower community
population and income levels, as determined by the
Secretary.''.
Subtitle C--Amendments to the Rural Electrification Act of 1936
SEC. 771. PURPOSES; INVESTIGATIONS AND REPORTS.
Section 2 of the Rural Electrification Act of 1936 (7
U.S.C. 902) is amended--
(1) by striking ``Sec. 2. (a) The Secretary of Agriculture
is'' and inserting the following:
``SEC. 2. GENERAL AUTHORITY OF THE SECRETARY OF AGRICULTURE.
``(a) Loans.--The Secretary of Agriculture (referred to in
this Act as the `Secretary') is'';
(2) in subsection (a)--
(A) by striking ``and the furnishing'' the first place it
appears and all that follows through ``central station
service''; and
(B) by striking ``systems; to make'' and all that follows
and inserting ``systems.''; and
(3) by striking subsection (b) and inserting the following:
``(b) Investigations and Reports.--The Secretary may make,
or cause to be made, studies, investigations, and reports
regarding matters, including financial, technological, and
regulatory matters, affecting the condition and progress of
electric, telecommunications, and economic development in
rural areas, and publish and disseminate information with
respect to the matters.''.
SEC. 772. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 3 of the Rural Electrification Act
of 1936 (7 U.S.C. 903) is amended to read as follows:
``SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
(b) Conforming Amendments.--
(1) Section 301(a) of the Rural Electrification Act of 1936
(7 U.S.C. 931(a)) is amended--
(A) by striking ``(a)'' the first place the term appears;
and
(B) in paragraph (3), by striking ``notwithstanding section
3(a) of title I,''.
(2) Section 302(b)(2) of the Rural Electrification Act of
1936 (7 U.S.C. 932(b)(2)) is amended by striking ``pursuant
to section 3(a) of this Act''.
[[Page 729]]
(3) The last sentence of section 406(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 946(a)) is amended by
striking ``pursuant to section 3(a) of this Act''.
SEC. 773. LOANS FOR ELECTRICAL PLANTS AND TRANSMISSION LINES.
Section 4 of the Rural Electrification Act of 1936 (7
U.S.C. 904) is amended--
(1) in the first sentence--
(A) by striking ``for the furnishing of'' and all that
follows through ``central station service and''; and
(B) by striking ``the provisions of sections 3(d) and 3(e)
but without regard to the 25 per centum limitation therein
contained,'' and inserting ``section 3,'';
(2) in the second sentence, by striking ``: Provided
further, That all'' and all that follows through ``loan: And
provided further, That'' and inserting ``, except that''; and
(3) in the third sentence, by striking ``and section 5''.
SEC. 774. LOANS FOR ELECTRICAL AND PLUMBING EQUIPMENT.
(a) In General.--Section 5 of the Rural Electrification Act
of 1936 (7 U.S.C. 905) is repealed.
(b) Conforming Amendments.--Section 12(a) of the Rural
Electrification Act of 1936 (7 U.S.C. 912(a)) is amended--
(1) by striking ``: Provided, however, That'' and inserting
``, except that,''; and
(2) by striking ``, and with respect to any loan made under
section 5,'' and all that follows through ``section 3''.
SEC. 775. TESTIMONY ON BUDGET REQUESTS.
Section 6 of the Rural Electrification Act of 1936 (7
U.S.C. 906) is amended by striking the second sentence.
SEC. 776. TRANSFER OF FUNCTIONS OF ADMINISTRATION CREATED BY
EXECUTIVE ORDER.
Section 8 of the Rural Electrification Act of 1936 (7
U.S.C. 908) is repealed.
SEC. 777. ANNUAL REPORT.
Section 10 of the Rural Electrification Act of 1936 (7
U.S.C. 910) is repealed.
SEC. 778. PROHIBITION ON RESTRICTING WATER AND WASTE FACILITY
SERVICES TO ELECTRIC CUSTOMERS.
The Rural Electrification Act of 1936 is amended by
inserting after section 16 (7 U.S.C. 916) the following:
``SEC. 17. PROHIBITION ON RESTRICTING WATER AND WASTE
FACILITY SERVICES TO ELECTRIC CUSTOMERS.
``(a) Prohibition.--Assistance under any rural development
program administered by the Secretary or any agency of the
Department of Agriculture shall not be conditioned on any
requirement that the recipient of the assistance accept or
receive electric service from any particular utility,
supplier, or cooperative.
``(b) Ensuring Compliance.--The Secretary shall establish,
by regulation, adequate safeguards to ensure that assistance
under any rural development program is not subject to such a
condition. The safeguards shall include periodic
certifications and audits, and appropriate measures and
sanctions against any person violating, or attempting to
violate subsection (a).
``(c) Definition of Rural Development Programs.--In this
section, the term `rural development program' means the
following:
``(1) Sections 304(b), 306, 306A, 306C, 306D, 310B, and 375
and subtitle E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1924(b), 1926, 1926a, 1926c, 1926d, and 1932).
``(2) Subtitle G of title XVI and sections 2281, 2333, and
2381 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5901-5908, 5177a, 950aaa-2, and 3125b).
``(3) Subtitle C of title IX of the Food, Agriculture,
Conservation, and Trade Act Amendments of 1991 (Public Law
102-237: 7 U.S.C. 5930 note).
``(4) Section 1323(b) of the Food Security Act of 1985
(Public Law 99-198; 7 U.S.C. 1932 note).
``(5) Title V and section 603(c) of the Rural Development
Act of 1972 (7 U.S.C. 26661-2669 and 2204a(c)).
``(6) Sections 5 and 311 and title IV of this Act (7 U.S.C.
905, 940a, and 941-950b).
``(d) Regulations.--Not later than 60 days after the date
of enactment of the Federal Agriculture Improvement and
Reform Act of 1996, the Secretary shall issue final
regulations to ensure compliance with subsection (a).''
SEC. 779. TELEPHONE LOAN TERMS AND CONDITIONS.
Section 309 of the Rural Electrification Act of 1936 (7
U.S.C. 939) is amended--
(1) in subsection (a), by striking ``(a) In General.--'';
and
(2) by striking subsection (b).
SEC. 780. PRIVATIZATION PROGRAM.
Section 311 of the Rural Electrification Act of 1936 (7
U.S.C. 940a) is repealed.
SEC. 781. RURAL BUSINESS INCUBATOR FUND.
(a) In General.--Section 502 of the Rural Electrification
Act of 1936 (7 U.S.C. 950aa-1) is repealed.
(b) Conforming Amendments.--Section 501 of the Rural
Electrification Act of 1936 (7 U.S.C. 950aa) is amended--
(1) in paragraph (5), by inserting ``and'' at the end;
(2) in paragraph (6), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (7).
Subtitle D--Miscellaneous Rural Development Provisions
SEC. 791. INTEREST RATE FORMULA.
(a) Bankhead-Jones Farm Tenant Act.--Section 32(e) of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011) is amended by
striking the fifth sentence and inserting the following: ``A
loan under this subsection shall be made under a contract
that provides, under such terms and conditions as the
Secretary considers appropriate, for the repayment of the
loan in not more than 30 years, with interest at a rate not
to exceed the current market yield for outstanding municipal
obligations with remaining periods to maturity comparable to
the average maturity for the loan, adjusted to the nearest
\1/8\ of 1 percent.''.
(b) Watershed Protection and Flood Prevention Act.--Section
8 of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1006a) is amended by striking the second sentence and
inserting the following: ``A loan or advance under this
section shall be made under a contract or agreement that
provides, under such terms and conditions as the Secretary
considers appropriate, for the repayment of the loan or
advance in not more than 50 years from the date when the
principal benefits of the works of improvement first become
available, with interest at a rate not to exceed the current
market yield for outstanding municipal obligations with
remaining periods to maturity comparable to the average
maturity for the loan, adjusted to the nearest \1/8\ of 1
percent.''.
SEC. 792. GRANTS FOR FINANCIALLY STRESSED FARMERS, DISLOCATED
FARMERS, AND RURAL FAMILIES.
(a) In General.--Section 502 of the Rural Development Act
of 1972 (7 U.S.C. 2662) is amended by striking subsection
(f).
(b) Conforming Amendments.--
(1) Section 2389 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 2662
note) is amended by striking subsection (d).
(2) Section 503(c) of the Rural Development Act of 1972 (7
U.S.C. 2663(c)) is amended--
(A) in paragraph (1)--
(i) by striking ``(1)'';
(ii) by striking ``section 502(e)'' and all that follows
through ``shall be distributed'' and inserting ``subsections
(e), (h), and (i) of section 502 shall be distributed''; and
(iii) by striking ``objectives of'' and all that follows
through ``title'' and inserting ``objectives of subsections
(e), (h), and (i) of section 502''; and
(B) by striking paragraph (2).
SEC. 793. FUND FOR RURAL AMERICA.
(a) In General.--There is established in the Treasury of
the United States an account to be known as the Fund for
Rural America (referred to in this section as the
``Account'') to provide funds for activities described in
subsection (c).
(b) Funding.--
(1) In general.--On January 1, 1997, October 1, 1998, and
October 1, 1999, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer $100,000,000 to the Account.
(2) Entitlement.-- The Secretary of Agriculture (referred
to in this section as the ``Secretary'')--
(A) shall be entitled to receive the funds transferred to
the Account under paragraph (1);
(B) shall accept the funds; and
(C) shall use the funds to carry out this section.
(3) Purposes.--Subject to subsection (d), of the amounts
transferred to the Account for a fiscal year, the Secretary
shall make available--
(A) for activities described in subsection (c)(1), not less
than \1/3\ and not more than \2/3\ of the funds in the
Account; and
(B) for activities described in subsection (c)(2), all
funds in the Account not made available by the Secretary for
activities described in subsection (c)(1).
(c) Activities.--
(1) Rural development.--
(A) In general.--The Secretary may use the funds in the
Account for a rural development activity--
(i) authorized under the Housing Act of 1949 for--
(I) direct loans to low-income borrowers under section 502
(42 U.S.C. 1472);
(II) loans for financial assistance for housing for
domestic farm laborers under section 514 (42 U.S.C. 1484);
(III) financial assistance for housing for domestic farm
laborers under section 516 (42 U.S.C. 1486);
(IV) payments for elderly who are not now receiving rental
assistance under section 521 (42 U.S.C. 1490a);
(V) grants and contracts for mutual and self-help housing
under section 523(b)(1)(A) (42 U.S.C. 1490c(b)(1)(A)); or
(VI) grants for rural housing preservation under section
533 (42 U.S.C. 1490m); or
(ii) conducted under any rural development program,
including a program authorized under--
(I) the Consolidated Farm and Rural Development Act (7
U.S.C. 1921 et seq.);
(II) subtitle G of title XVI and title XXIII of the Food,
Agriculture, Conservation, and Trade Act of 1990;
(III) title V of the Rural Development Act of 1971 (7
U.S.C. 2661 et seq.); or
(IV) section 1323(b) of the Food Security Act of 1985
(Public Law 99-198; 7 U.S.C. 1932 note).
(B) Limitation on programs funded.--The Secretary may not
expend funds made available to carry out activities described
in subparagraph (A) for any activity that did not receive
appropriations for fiscal year 1995. Funds expended under
this section for any program purpose shall be spent in
accordance with and subject to the applicable program
limitations, restrictions, and priorities found in the
underlying program authority and this Act.
[[Page 730]]
(C) Limitation on housing assistance.--Not more than 20
percent of the funds made available to carry out activities
described in subparagraph (A) shall be made available to
carry out activities described in subparagraph (A)(i).
(D) Disclosure of allocation.--For any fiscal year, the
Secretary shall not disclose the allocation of funds under
this section for any activity described in subparagraph (A)
until the date that is 1 day after the date of enactment of
legislation authorizing appropriations for the Department of
Agriculture for any period in the fiscal year.
(2) Research.--
(A) In general.--The Secretary may use the funds in the
Account for research, extension, and education grants to--
(i) increase international competitiveness, efficiency, and
farm profitability;
(ii) reduce economic and health risks;
(iii) conserve and enhance natural resources;
(iv) develop new crops, new crop uses, and new agricultural
applications of biotechnology;
(v) enhance animal agricultural resources;
(vi) preserve plant and animal germplasm;
(vii) increase economic opportunities in farming and rural
communities; and
(viii) expand locally-owned value-added processing.
(B) Eligible grantee.--The Secretary may make a grant under
this paragraph to--
(i) a Federal research agency;
(ii) a national laboratory;
(iii) a college or university or a research foundation
maintained by a college or university; or
(iv) a private research organization with an established
and demonstrated capacity to perform research or technology
transfer.
(C) Use of grant.--
(i) In general.--A grant made under this paragraph may be
used by a grantee for 1 or more of the following uses:
(I) Outcome-oriented research at the discovery end of the
spectrum to provide breakthrough results.
(II) Exploratory and advanced development and technology
with well-identified outcomes.
(III) A national, regional, or multi-State program oriented
primarily toward extension programs and education programs
demonstrating and supporting the competitiveness of United
States agriculture.
(ii) Smaller institutions.--Of the amounts made available
for activities described in this paragraph, not less than 15
percent shall be awarded to colleges, universities, or
research foundations eligible for a grant under subparagraph
(B)(iii) that rank in the lowest \1/3\ of such colleges,
universities, and foundations on the basis of Federal
research funds received under a provision of law other than
this section.
(D) Administration.--
(i) Priority.--In administering this paragraph, the
Secretary shall--
(I) establish criteria for allocating grants based on the
priorities in subparagraph (A) and in consultation with the
National Agricultural Research, Extension, Education, and
Economics Advisory Board established under section 1408 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123);
(II) seek and accept proposals for grants;
(III) determine the relevance and merit of proposals
through a system of peer review and review by the National
Agricultural Research, Extension, Education, and Economics
Advisory Board; and
(IV) award grants on the basis of merit, quality, and
relevance to advancing the purposes of federally supported
agricultural research, extension, and education provided in
section 1402 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101).
(ii) Competitive basis.--A grant under this paragraph shall
be awarded on a competitive basis.
(iii) Terms.--A grant under this paragraph shall have a
term that does not exceed 5 years.
(iv) Matching funds.--As a condition of making a grant
under this paragraph, the Secretary shall require the funding
of the grant with equal matching funds from a non-Federal
source if the grant is--
(I) for applied research that is commodity-specific; and
(II) not of national scope.
(v) Delegation.--The Secretary shall administer this
section through the Cooperative State Research, Education,
and Extension Service of the Department of Agriculture.
(vi) Availability of funds.--Funds shall be available for
obligation under this paragraph for a 2-year period.
(vii) Administrative costs.--The Secretary may use not more
than 4 percent of the funds made available for activities
described in this paragraph for administrative costs incurred
by the Secretary in carrying out this paragraph.
(viii) Buildings.--Funds made available for activities
described in this paragraph shall not be used for the
construction of a new building or the acquisition, expansion,
remodeling, or alteration of an existing building (including
site grading and improvement and architect fees).
(d) Limitations.--Amounts in the Account may not be used
for an activity described in subsection (c) for a fiscal year
if the program funding level for the fiscal year for the
activity is less than 90 percent of the amount appropriated
for the activity for fiscal year 1996, adjusted for
inflation.
SEC. 794. UNDER SECRETARY OF AGRICULTURE FOR RURAL ECONOMIC
AND COMMUNITY DEVELOPMENT RENAMED THE UNDER
SECRETARY OF AGRICULTURE FOR RURAL DEVELOPMENT.
(a) In General.--Section 231 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6941) is
amended--
(1) in the section heading, by striking ``ECONOMIC AND
COMMUNITY''; and
(2) by striking ``Economic and Community'' each place such
term appears in subsections (a), (b), and (c).
(b) Conforming Amendment.--Section 5314 of title 5, United
States Code, is amended by striking ``Economic and
Community''.
TITLE VIII--RESEARCH, EXTENSION, AND EDUCATION
Subtitle A--Modification and Extension of Activities Under 1977 Act
SEC. 801. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Section 1402 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is
amended to read as follows:
``SEC. 1402. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION,
AND EDUCATION.
``The purposes of federally supported agricultural
research, extension, and education are to--
``(1) enhance the competitiveness of the United States
agriculture and food industry in an increasingly competitive
world environment;
``(2) increase the long-term productivity of the United
States agriculture and food industry while maintaining and
enhancing the natural resource base on which rural America
and the United States agricultural economy depend;
``(3) develop new uses and new products for agricultural
commodities, such as alternative fuels, and develop new
crops;
``(4) support agricultural research and extension to
promote economic opportunity in rural communities and to meet
the increasing demand for information and technology transfer
throughout the United States agriculture industry;
``(5) improve risk management in the United States
agriculture industry;
``(6) improve the safe production and processing of, and
adding of value to, United States food and fiber resources
using methods that maintain the balance between yield and
environmental soundness;
``(7) support higher education in agriculture to give the
next generation of Americans the knowledge, technology, and
applications necessary to enhance the competitiveness of
United States agriculture; and
``(8) maintain an adequate, nutritious, and safe supply of
food to meet human nutritional needs and requirements.''.
SEC. 802. NATIONAL AGRICULTURAL RESEARCH, EXTENSION,
EDUCATION, AND ECONOMICS ADVISORY BOARD.
(a) In General.--Section 1408 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123) is amended to read as follows:
``SEC. 1408. NATIONAL AGRICULTURAL RESEARCH, EXTENSION,
EDUCATION, AND ECONOMICS ADVISORY BOARD.
``(a) Establishment.--The Secretary shall establish within
the Department of Agriculture a board to be known as the
`National Agricultural Research, Extension, Education, and
Economics Advisory Board'.
``(b) Membership.--
``(1) In general.--The Advisory Board shall consist of 30
members, appointed by the Secretary.
``(2) Selection of members.--The Secretary shall appoint
members of the Advisory Board from nominations submitted by
organizations, associations, societies, councils,
federations, groups, and companies fitting the criteria
specified in paragraph (3).
``(3) Membership categories.--The Advisory Board shall
consist of members from each of the following categories:
``(A) 1 member representing a national farm organization.
``(B) 1 member representing farm cooperatives.
``(C) 1 member actively engaged in the production of a food
animal commodity.
``(D) 1 member actively engaged in the production of a
plant commodity.
``(E) 1 member representing a national animal commodity
organization.
``(F) 1 member representing a national crop commodity
organization.
``(G) 1 member representing a national aquaculture
association.
``(H) 1 member representing a national food animal science
society.
``(I) 1 member representing a national crop, soil,
agronomy, horticulture, or weed science society.
``(J) 1 member representing a national food science
organization.
``(K) 1 member representing a national human health
association.
``(L) 1 member representing a national nutritional science
society.
``(M) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of July
2, 1862 (7 U.S.C. 301 et seq.).
``(N) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee
University.
``(O) 1 member representing the 1994 Institutions (as
defined in section 532 of the Equity in Educational Land-
Grant Status Act
[[Page 731]]
of 1994 (Public Law 103-382; 7 U.S.C. 301 note)).
``(P) 1 member representing Hispanic-serving institutions.
``(Q) 1 member representing the American Colleges of
Veterinary Medicine.
``(R) 1 member representing that portion of the scientific
community not closely associated with agriculture.
``(S) 1 member engaged in the transportation of food and
agricultural products to domestic and foreign markets.
``(T) 1 member representing food retailing and marketing
interests.
``(U) 1 member representing food and fiber processors.
``(V) 1 member actively engaged in rural economic
development.
``(W) 1 member representing a national consumer interest
group.
``(X) 1 member representing a national forestry group.
``(Y) 1 member representing a national conservation or
natural resource group.
``(Z) 1 member representing private sector organizations
involved in international development.
``(AA) 1 member representing an agency within the
Department of Agriculture that lacks research capabilities.
``(BB) 1 member representing a research agency of the
Federal Government (other than the Department of
Agriculture).
``(CC) 1 member representing a national social science
association.
``(DD) 1 member representing national organizations
directly concerned with agricultural research, education, and
extension.
``(4) Ex officio members.--The Secretary, the Under
Secretary of Agriculture for Research, Education, and
Economics, the Administrator of the Agricultural Research
Service, the Administrator of the Cooperative State Research,
Education, and Extension Service, the Administrator of the
Economic Research Service, and the Administrator of the
National Agricultural Statistics Service shall serve as ex
officio members of the Advisory Board.
``(5) Officers.--At the first meeting of the Advisory Board
each year, the members shall elect from among the members of
the Advisory Board a chairperson, vice chairperson, and 7
additional members to serve on the executive committee
established under paragraph (6).
``(6) Executive committee.--The Advisory Board shall
establish an executive committee charged with the
responsibility of working with the Secretary and officers and
employees of the Department of Agriculture to summarize and
disseminate the recommendations of the Advisory Board.
``(c) Duties.--The Advisory Board shall--
``(1) review and provide consultation to the Secretary and
land-grant colleges and universities on long-term and short-
term national policies and priorities, as set forth in
section 1402, relating to agricultural research, extension,
education, and economics;
``(2) evaluate the results and effectiveness of
agricultural research, extension, education, and economics
with respect to the policies and priorities;
``(3) review and make recommendations to the Under
Secretary of Agriculture for Research, Education, and
Economics on the research, extension, education, and
economics portion of the draft strategic plan required under
section 306 of title 5, United States Code; and
``(4) review the mechanisms of the Department of
Agriculture for technology assessment (which should be
conducted by qualified professionals) for the purposes of--
``(A) performance measurement and evaluation of the
implementation by the Secretary of the strategic plan
required under section 306 of title 5, United States Code;
``(B) implementation of the national research policies and
priorities set forth in section 1402; and
``(C) the development of mechanisms for the assessment of
emerging public and private agricultural research and
technology transfer initiatives.
``(d) Consultation.--In carrying out this section, the
Advisory Board shall solicit opinions and recommendations
from persons who will benefit from and use federally funded
agricultural research, extension, education, and economics.
``(e) Appointment.--A member of the Advisory Board shall be
appointed by the Secretary for a term of up to 3 years. The
members of the Advisory Board shall be appointed to serve
staggered terms.
``(f) Federal Advisory Committee Act.--The Advisory Board
shall be deemed to have filed a charter for the purpose of
section 9(c) of the Federal Advisory Committee Act (5 U.S.C.
App.).
``(g) Termination.--The Advisory Board shall remain in
existence until September 30, 2002.''.
(b) Conforming Amendments.--
(1) Section 1404(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(1))
is amended by striking ``National Agricultural Research and
Extension Users Advisory Board'' and inserting ``National
Agricultural Research, Extension, Education, and Economics
Advisory Board''.
(2) Section 1410(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3125(2))
is amended by striking ``the recommendations of the Advisory
Board developed under section 1408(g),'' and inserting ``any
recommendations of the Advisory Board''.
(3) The last sentence of section 4(a) of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1673(a)) is
amended by striking ``National Agricultural Research and
Extension Users Advisory Board'' and inserting ``National
Agricultural Research, Extension, Education, and Economics
Advisory Board''.
SEC. 803. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION FOR
FEDERAL-STATE COOPERATIVE PROGRAMS.
Section 1409A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3124a)
is amended by adding at the end the following:
``(e) Applicability of Federal Advisory Committee Act.--
``(1) Public meetings.--All meetings of any entity
described in paragraph (3) shall be publicly announced in
advance and shall be open to the public. Detailed minutes of
meetings and other appropriate records of the activities of
such an entity shall be kept and made available to the public
on request.
``(2) Exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) and title XVIII of this Act shall not apply to
any entity described in paragraph (3).
``(3) Entities described.--This subsection shall apply to
any committee, board, commission, panel, or task force, or
similar entity that--
``(A) is created for the purpose of cooperative efforts in
agricultural research, extension, or teaching; and
``(B) consists entirely of--
``(i) full-time Federal employees; and
``(ii) one or more individuals who are employed by, or are
officials of--
``(I) a State cooperative institution or State cooperative
agency; or
``(II) a public college or university or other
postsecondary institution.''.
SEC. 804. COORDINATION AND PLANNING OF AGRICULTURAL RESEARCH,
EXTENSION, AND EDUCATION.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1413
(7 U.S.C. 3128) the following:
``SEC. 1413A. ACCOUNTABILITY.
``(a) Review of Information Technology Systems.--The
Secretary shall conduct a comprehensive review of state-of-
the-art information technology systems that are available for
use in developing the system required by subsection (b).
``(b) Monitoring and Evaluation System.--The Secretary
shall develop and carry out a system to monitor and evaluate
agricultural research and extension activities conducted or
supported by the Department of Agriculture that will enable
the Secretary to measure the impact and effectiveness of
research, extension, and education programs according to
priorities, goals, and mandates established by law. In
developing the system, the Secretary shall incorporate
information transfer technologies to optimize public access
to research information.
``(c) Consistency With Other Requirements.--The Secretary
shall develop and implement the system in a manner consistent
with the Government Performance and Results Act of 1993
(Public Law 103-62; 107 Stat. 285) and amendments made by the
Act.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``SEC. 1413B. FEDERAL ADVISORY COMMITTEE ACT EXEMPTION FOR
COMPETITIVE RESEARCH, EXTENSION, AND EDUCATION
PROGRAMS.
``The Federal Advisory Committee Act (5 U.S.C. App.) and
title XVIII of this Act shall not apply to any committee,
board, commission, panel, or task force, or similar entity,
created solely for the purpose of reviewing applications or
proposals requesting funding under any competitive research,
extension, or education program carried out by the
Secretary.''.
SEC. 805. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURAL
SCIENCES EDUCATION.
(a) Purpose of Grants.--Section 1417(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3152(b)) is amended by striking paragraph (4)
and inserting the following:
``(4) to design and implement food and agricultural
programs to build teaching and research capacity at colleges
and universities having significant minority enrollments;''.
(b) Research Foundations.--Section 1417(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3152(c)) is amended by adding at the end the
following:
``(3) Research foundations.--An eligible college or
university under subsection (b) includes a research
foundation maintained by the college or university.''.
(c) Extension of Program.--Section 1417(i) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3152(i)) is amended by striking ``1995'' and
inserting ``1997''.
(d) Secondary Education and 2-Year Postsecondary Education
Teaching Programs.--Section 1417 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3152) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Secondary Education and 2-Year Postsecondary
Education Teaching Programs.--
``(1) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section
[[Page 732]]
1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
``(B) Secondary school.--The term `secondary school' has
the meaning given the term in section 14101(25) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(25)).
``(2) Agriscience and agribusiness education.--The
Secretary shall--
``(A) promote and strengthen secondary education and 2-year
postsecondary education in agriscience and agribusiness in
order to help ensure the existence in the United States of a
qualified workforce to serve the food and agricultural
sciences system; and
``(B) promote complementary and synergistic linkages among
secondary, 2-year postsecondary, and higher education
programs in the food and agricultural sciences in order to
promote excellence in education and encourage more young
Americans to pursue and complete a baccalaureate or higher
degree in the food and agricultural sciences.
``(3) Grants.--The Secretary may make competitive or
noncompetitive grants, for grant periods not to exceed 5
years, to public secondary schools, and institutions of
higher education that award an associate's degree, that the
Secretary determines have made a commitment to teaching
agriscience and agribusiness--
``(A) to enhance curricula in agricultural education;
``(B) to increase faculty teaching competencies;
``(C) to interest young people in pursuing higher education
in order to prepare for scientific and professional careers
in the food and agricultural sciences;
``(D) to promote the incorporation of agriscience and
agribusiness subject matter into other instructional
programs, particularly classes in science, business, and
consumer education;
``(E) to facilitate joint initiatives by the grant
recipient with other secondary schools, institutions of
higher education that award an associate's degree, and
institutions of higher education that award a bachelor's
degree to maximize the development and use of resources, such
as faculty, facilities, and equipment, to improve agriscience
and agribusiness education; and
``(F) to support other initiatives designed to meet local,
State, regional, or national needs related to promoting
excellence in agriscience and agribusiness education.''.
SEC. 806. GRANTS FOR RESEARCH ON THE PRODUCTION AND MARKETING
OF ALCOHOLS AND INDUSTRIAL HYDROCARBONS FROM
AGRICULTURAL COMMODITIES AND FOREST PRODUCTS.
Section 1419(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3154(d))
is amended by striking ``1995'' and inserting ``1997''.
SEC. 807. POLICY RESEARCH CENTERS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1419
(7 U.S.C. 3154) the following:
``SEC. 1419A. POLICY RESEARCH CENTERS.
``(a) In General.--Consistent with this section, the
Secretary may make grants, competitive grants, and special
research grants to, and enter into cooperative agreements and
other contracting instruments with, policy research centers
described in subsection (b) to conduct research and education
programs that are objective, operationally independent, and
external to the Federal Government and that concern the
effect of public policies on--
``(1) the farm and agricultural sectors;
``(2) the environment;
``(3) rural families, households, and economies; and
``(4) consumers, food, and nutrition.
``(b) Eligible Recipients.--State agricultural experiment
stations, colleges and universities, other research
institutions and organizations, private organizations,
corporations, and individuals shall be eligible to apply for
funding under subsection (a).
``(c) Activities.--Under this section, funding may be
provided for disciplinary and interdisciplinary research and
education concerning policy research activities consistent
with this section, including activities that--
``(1) quantify the implications of public policies and
regulations;
``(2) develop theoretical and research methods;
``(3) collect and analyze data for policymakers, analysts,
and individuals; and
``(4) develop programs to train analysts.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section for fiscal years 1996 and 1997.''.
SEC. 808. HUMAN NUTRITION INTERVENTION AND HEALTH PROMOTION
RESEARCH PROGRAM.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by striking section 1424 (7
U.S.C. 3174) and inserting the following:
``SEC. 1424. HUMAN NUTRITION INTERVENTION AND HEALTH
PROMOTION RESEARCH PROGRAM.
``(a) Authority of Secretary.--The Secretary may establish,
and award grants for projects for, a multi-year research
initiative on human nutrition intervention and health
promotion.
``(b) Emphasis of Initiative.--In administering human
nutrition research projects under this section, the Secretary
shall give specific emphasis to--
``(1) coordinated longitudinal research assessments of
nutritional status; and
``(2) the implementation of unified, innovative
intervention strategies,
to identify and solve problems of nutritional inadequacy and
contribute to the maintenance of health, well-being,
performance, and productivity of individuals, thereby
reducing the need of the individuals to use the health care
system and social programs of the United States.
``(c) Administration of Funds.--The Administrator of the
Agricultural Research Service shall administer funds made
available to carry out this section to ensure a coordinated
approach to health and nutrition research efforts.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section for fiscal years 1996 and 1997.
``SEC. 1424A. PILOT RESEARCH PROGRAM TO COMBINE MEDICAL AND
AGRICULTURAL RESEARCH.
``(a) Findings.--Congress finds the following:
``(1) Although medical researchers in recent years have
demonstrated that there are several naturally occurring
compounds in many vegetables and fruits that can aid in the
prevention of certain forms of cancer, coronary heart
disease, stroke, and atherosclerosis, there has been almost
no research conducted to enhance these compounds in food
plants by modern breeding and molecular genetic methods.
``(2) By linking the appropriate medical and agricultural
research scientists in a highly-focused, targeted research
program, it should be possible to develop new varieties of
vegetables and fruits that would provide greater prevention
of diet-related diseases that are a major cause of death in
the United States.
``(b) Pilot Research Program.--The Secretary shall conduct,
through the Cooperative State Research, Education, and
Extension Service, a pilot research program to link major
cancer and heart and other circulatory disease research
efforts with agricultural research efforts to identify
compounds in vegetables and fruits that prevent these
diseases. Using information derived from such combined
research efforts, the Secretary shall assist in the
development of new varieties of vegetables and fruits having
enhanced therapeutic properties for disease prevention.
``(c) Agreements.--The Secretary shall carry out the pilot
program through agreements entered into with land-grant
colleges or universities, other universities, State
agricultural experiment stations, the State cooperative
extension services, nonprofit organizations with demonstrable
expertise, or Federal or State governmental entities. The
Secretary shall enter into the agreements on a competitive
basis.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 for fiscal year
1997 to carry out the pilot program.''.
SEC. 809. FOOD AND NUTRITION EDUCATION PROGRAM.
Section 1425(c)(3) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3175(c)(3)) is amended by striking ``$63,000,000'' and all
that follows through ``fiscal year 1995'' and inserting ``,
$83,000,000 for each of fiscal years 1996 and 1997''.
SEC. 810. PURPOSES AND FINDINGS RELATING TO ANIMAL HEALTH AND
DISEASE RESEARCH.
Section 1429 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3191) is
amended to read as follows:
``SEC. 1429. PURPOSES AND FINDINGS RELATING TO ANIMAL HEALTH
AND DISEASE RESEARCH.
``(a) Purposes.--The purposes of this subtitle are to--
``(1) promote the general welfare through the improved
health and productivity of domestic livestock, poultry,
aquatic animals, and other income-producing animals that are
essential to the food supply of the United States and the
welfare of producers and consumers of animal products;
``(2) improve the health of horses;
``(3) facilitate the effective treatment of, and, to the
extent possible, prevent animal and poultry diseases in both
domesticated and wild animals that, if not controlled, would
be disastrous to the United States livestock and poultry
industries and endanger the food supply of the United States;
``(4) improve methods for the control of organisms and
residues in food products of animal origin that could
endanger the human food supply;
``(5) improve the housing and management of animals to
improve the well-being of livestock production species;
``(6) minimize livestock and poultry losses due to
transportation and handling;
``(7) protect human health through control of animal
diseases transmissible to humans;
``(8) improve methods of controlling the births of
predators and other animals; and
``(9) otherwise promote the general welfare through
expanded programs of research and extension to improve animal
health.
``(b) Findings.--Congress finds that--
``(1) the total animal health and disease research and
extension efforts of State colleges and universities and of
the Federal Government would be more effective if there were
close coordination between the efforts; and
``(2) colleges and universities having accredited schools
or colleges of veterinary
[[Page 733]]
medicine and State agricultural experiment stations that
conduct animal health and disease research are especially
vital in training research workers in animal health and
related disciplines.''.
SEC. 811. ANIMAL HEALTH AND DISEASE CONTINUING RESEARCH.
Section 1433 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195) is
amended--
(1) in the first sentence of subsection (a), by striking
``1995'' and inserting ``1997'';
(2) in subsection (b)(2)--
(A) by striking ``domestic livestock and poultry'' each
place it appears and inserting ``domestic livestock, poultry,
and commercial aquaculture species''; and
(B) in the second sentence, by striking ``horses, and
poultry'' and inserting ``horses, poultry, and commercial
aquaculture species'';
(3) in subsection (d), by striking ``domestic livestock and
poultry'' and inserting ``domestic livestock, poultry, and
commercial aquaculture species''; and
(4) in subsection (f), by striking ``domestic livestock and
poultry'' and inserting ``domestic livestock, poultry, and
commercial aquaculture species''.
SEC. 812. ANIMAL HEALTH AND DISEASE NATIONAL OR REGIONAL
RESEARCH.
Section 1434 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196) is
amended--
(1) in subsection (a)--
(A) by inserting ``or national or regional problems
relating to pre-harvest, on-farm food safety, or animal well-
being,'' after ``problems,''; and
(B) by striking ``1995'' and inserting ``1997'';
(2) in subsection (b), by striking ``eligible
institutions'' and inserting ``State agricultural experiment
stations, colleges and universities, other research
institutions and organizations, Federal agencies, private
organizations or corporations, and individuals'';
(3) in subsection (c)--
(A) in the first sentence, by inserting ``, food safety,
and animal well-being'' after ``animal health and disease'';
and
(B) in the fourth sentence--
(i) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(ii) by inserting after paragraph (1) the following:
``(2) any food safety problem that has a significant pre-
harvest (on-farm) component and is recognized as posing a
significant health hazard to the consuming public;
``(3) issues of animal well-being related to production
methods that will improve the housing and management of
animals to improve the well-being of livestock production
species;'';
(4) in the first sentence of subsection (d), by striking
``to eligible institutions''; and
(5) by adding at the end the following:
``(f) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) and title
XVIII of this Act shall not apply to a panel or board created
solely for the purpose of reviewing applications or proposals
submitted under this subtitle.''.
SEC. 813. GRANT PROGRAM TO UPGRADE AGRICULTURAL AND FOOD
SCIENCES FACILITIES AT 1890 LAND-GRANT
COLLEGES.
Section 1447(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222b(b)) is amended by striking ``$8,000,000 for each of the
fiscal years 1991 through 1995'' and inserting ``,
$15,000,000 for each of fiscal years 1996 and 1997''.
SEC. 814. NATIONAL RESEARCH AND TRAINING CENTENNIAL CENTERS.
Section 1448 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222c)
is amended--
(1) in subsection (a)(1), by inserting ``, or fiscal years
1996 and 1997,'' after ``1995''; and
(2) in subsection (f), by striking ``1995'' and inserting
``1997''.
SEC. 815. PROGRAMS FOR HISPANIC-SERVING INSTITUTIONS.
(a) In General.--The National Agricultural Research,
Extension, and Teaching Policy Act of 1977 is amended by
inserting after section 1448 (7 U.S.C. 3222c) the following:
``Subtitle H--Programs for Hispanic-Serving Institutions
``SEC. 1455. EDUCATION GRANTS PROGRAMS FOR HISPANIC-SERVING
INSTITUTIONS.
``(a) Grant Authority.--The Secretary may make competitive
grants (or grants without regard to any requirement for
competition) to Hispanic-serving institutions for the purpose
of promoting and strengthening the ability of Hispanic-
serving institutions to carry out education, applied
research, and related community development programs.
``(b) Use of Grant Funds.--Grants made under this section
shall be used--
``(1) to support the activities of consortia of Hispanic-
serving institutions to enhance educational equity for
underrepresented students;
``(2) to strengthen institutional educational capacities,
including libraries, curriculum, faculty, scientific
instrumentation, instruction delivery systems, and student
recruitment and retention, in order to respond to identified
State, regional, national, or international educational needs
in the food and agricultural sciences;
``(3) to attract and support undergraduate and graduate
students from underrepresented groups in order to prepare
them for careers related to the food, agricultural, and
natural resource systems of the United States, beginning with
the mentoring of students at the high school level and
continuing with the provision of financial support for
students through their attainment of a doctoral degree; and
``(4) to facilitate cooperative initiatives between 2 or
more Hispanic-serving institutions, or between Hispanic-
serving institutions and units of State government or the
private sector, to maximize the development and use of
resources, such as faculty, facilities, and equipment, to
improve food and agricultural sciences teaching programs.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to make grants under this
section $20,000,000 for fiscal year 1997.''.
(b) Hispanic-Serving Institution Defined.--Paragraph (9) of
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is
amended to read as follows:
``(9) the term `Hispanic-serving institution' has the
meaning given the term by section 316(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)(1));''.
SEC. 816. INTERNATIONAL AGRICULTURAL RESEARCH AND EXTENSION.
Section 1458(a)(8) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3291(a)(8)) is amended--
(1) by striking ``establish'' and inserting ``continue'';
and
(2) by striking ``to be''.
SEC. 817. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL
RESEARCH PROGRAMS.
Section 1463 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is
amended by striking ``1995'' both places it appears and
inserting ``1997''.
SEC. 818. AUTHORIZATION OF APPROPRIATIONS FOR EXTENSION
EDUCATION.
Section 1464 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is
amended by striking ``fiscal year 1995'' and inserting ``each
of fiscal years 1995 through 1997''.
SEC. 819. SUPPLEMENTAL AND ALTERNATIVE CROPS RESEARCH.
(a) Extension of Program.--Section 1473D(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3319d(a)) is amended by striking ``1995'' and
inserting ``1997''.
(b) Elimination of Pilot Nature of Program.--Section 1473D
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a), by striking ``and pilot'';
(2) in subsection (c)(2)(B), by striking ``at pilot sites''
and all that follows through ``the area'';
(3) in subsection (c)(2)(C), by striking ``from pilot
sites'';
(4) in subsection (c)(2)(D)--
(A) by striking ``near such pilot sites''; and
(B) by striking ``successful pilot program'' and inserting
``successful program''; and
(5) in paragraph (3), by striking ``pilot''.
(c) Additional Authority.--Section 1473D(c)(3) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3319d(c)(3)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) to conduct fundamental and applied research related
to the development of new commercial products derived from
natural plant material for industrial, medical, and
agricultural applications; and
``(F) to participate with colleges and universities, other
Federal agencies, and private sector entities in conducting
research described in subparagraph (E).''
SEC. 820. AQUACULTURE ASSISTANCE PROGRAMS.
(a) Definition.--Section 1404(3) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103(3)) is amended by inserting ``ornamental
fish,'' after ``reptile,''.
(b) Reports.--Section 1475 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3322) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(c) Authorization of Appropriations for Aquaculture
Research Facilities.--Section 1476(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3323(b)) is amended by striking ``1995'' and
inserting ``1997''.
(d) Authorization of Appropriations for Research and
Extension.--Section 1477 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3324) is amended by striking ``1995'' and inserting
``1997''.
SEC. 821. AUTHORIZATION OF APPROPRIATIONS FOR RANGELAND
RESEARCH.
Section 1483(a) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a))
is amended by striking ``1995'' and inserting ``1997''.
[[Page 734]]
Subtitle B--Modification and Extension of Activities Under 1990 Act
SEC. 831. WATER QUALITY RESEARCH, EDUCATION, AND
COORDINATION.
Section 1481(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5501(d)) is amended by striking
``1995'' and inserting ``1997''.
SEC. 832. NATIONAL GENETICS RESOURCES PROGRAM.
(a) Functions.--Section 1632(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is
amended by striking paragraph (4) and inserting the
following:
``(4) unless otherwise prohibited by law, have the right to
make available on request, without charge and without regard
to the country from which the request originates, the genetic
material that the program assembles;''.
(b) Authorization of Appropriations.--Section 1635(b) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5844(b)) is amended by striking ``1995'' and inserting
``1997''.
SEC. 833. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking
``1995'' and inserting ``1997''.
SEC. 834. LIVESTOCK PRODUCT SAFETY AND INSPECTION PROGRAM.
Section 1670(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5923(e)) is amended by striking
``1995'' and inserting ``1997''.
SEC. 835. PLANT GENOME MAPPING PROGRAM.
Section 1671(g) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924(g)) is amended by inserting
``for fiscal years 1996 and 1997'' after ``appropriated''.
SEC. 836. CERTAIN SPECIALIZED RESEARCH PROGRAMS.
Subsections (d)(4), (e)(4), and (i) of section 1672 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925) are each amended by striking ``1995'' and
inserting ``1997''.
SEC. 837. AGRICULTURAL TELECOMMUNICATIONS PROGRAM.
Section 1673(h) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5926(h)) is amended by striking
``1995'' and inserting ``1997''.
SEC. 838. NATIONAL CENTERS FOR AGRICULTURAL PRODUCT QUALITY
RESEARCH.
(a) Purposes of National Centers.--Section 1675(a) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5928(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) enhance agricultural competitiveness through product
quality research and technology implementation;''.
(b) Regional Basis of Centers.--Section 1675(b) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5928(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) Regional basis.--The centers shall be regionally
based units that conduct a broad spectrum of research,
development, and education programs to enhance the
competitiveness, quality, safety and wholesomeness of
agricultural products.''.
(c) Program Plan and Review.--Section 1675(d) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5928(b)) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) in paragraph (2), by striking ``, but not less'' and
all that follows through ``the Secretary''.
(d) Authorization of Appropriations.--Section 1675(g)(1) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5928(g)(1)) is amended by striking ``1995'' and
inserting ``1997''.
SEC. 839. RED MEAT SAFETY RESEARCH CENTER.
Section 1676 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5929) is amended to read as
follows:
``SEC. 1676. RED MEAT SAFETY RESEARCH CENTER.
``(a) Establishment of Center.--The Secretary of
Agriculture shall award a grant, on a competitive basis, to a
research facility described in subsection (b) to establish a
red meat safety research center.
``(b) Eligible Research Facility Described.--A research
facility eligible for a grant under subsection (a) is a
research facility that--
``(1) is part of a land-grant college or university, or
other federally supported agricultural research facility,
located in close proximity to a livestock slaughter and
processing facility; and
``(2) is staffed by professionals with a wide diversity of
scientific expertise covering all aspects of meat science.
``(c) Research Conducted.--The red meat safety research
center established under subsection (a) shall carry out
research related to general food safety, including--
``(1) the development of intervention strategies that
reduce microbiological contamination of carcass surfaces;
``(2) research regarding microbiological mapping of carcass
surfaces; and
``(3) the development of model hazard analysis and critical
control point plans.
``(d) Administration of Funds.--The Secretary of
Agriculture shall administer funds appropriated to carry out
this section.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary for
fiscal year 1997 to carry out this section.''.
SEC. 840. INDIAN RESERVATION EXTENSION AGENT PROGRAM.
Section 1677 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5930) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Reduced Regulatory Burden.--On a determination by the
Secretary of Agriculture that a program carried out under
this section has been satisfactorily administered for not
less than 2 years, the Secretary shall implement a reduced
reapplication process for the continued operation of the
program in order to reduce regulatory burdens on
participating university and tribal entities.''.
SEC. 841. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH
DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a)(6)(B), by striking ``1996'' and
inserting ``1997''; and
(2) in subsection (b)(2), by striking ``1996'' and
inserting ``1997''.
SEC. 842. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking
``1995'' and inserting ``1997''.
SEC. 843. GLOBAL CLIMATE CHANGE.
Section 2412 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6710) is amended by striking
``1996'' and inserting ``1997''.
Subtitle C--Repeal of Certain Activities and Authorities
SEC. 851. SUBCOMMITTEE ON FOOD, AGRICULTURAL, AND FORESTRY
RESEARCH.
Section 401(h) of the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6651(h)) is amended by striking the second through fifth
sentences.
SEC. 852. JOINT COUNCIL ON FOOD AND AGRICULTURAL SCIENCES.
(a) Repeal.--Section 1407 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3122) is repealed.
(b) Conforming Amendments.--
(1) Section 1405 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3121) is
amended--
(A) in paragraph (5), by striking ``Joint Council, Advisory
Board,'' and inserting ``Advisory Board''; and
(B) in paragraph (11), by striking ``the Joint Council,''.
(2) Section 1410(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3125(2))
is amended by striking ``the recommendations of the Joint
Council developed under section 1407(f),''.
(3) Section 1412 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3127) is
amended--
(A) in the section heading, by striking ``THE JOINT
COUNCIL, ADVISORY BOARD,'' and inserting ``ADVISORY BOARD'';
(B) in subsection (a)--
(i) by striking ``Joint Council, the Advisory Board,'' and
inserting ``Advisory Board'';
(ii) by striking ``the cochairpersons of the Joint Council
and'' each place it appears; and
(iii) in paragraph (2), by striking ``one shall serve as
the executive secretary to the Joint Council, one shall serve
as the executive secretary to the Advisory Board,'' and
inserting ``one shall serve as the executive secretary to the
Advisory Board''; and
(C) in subsections (b) and (c), by striking ``Joint
Council, Advisory Board,'' each place it appears and
inserting ``Advisory Board''.
(4) Section 1413 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128) is
amended--
(A) in subsection (a), by striking ``Joint Council, the
Advisory Board,'' and inserting ``Advisory Board''; and
(B) in subsection (b), by striking ``Joint Council,
Advisory Board,'' and inserting ``Advisory Board''.
(5) Section 1434(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3196(c))
is amended--
(A) in the second sentence, by striking ``Joint Council,
the Advisory Board,'' and inserting ``Advisory Board''; and
(B) in the fourth sentence, by striking ``the Joint
Council,''.
SEC. 853. AGRICULTURAL SCIENCE AND TECHNOLOGY REVIEW BOARD.
(a) Repeal.--Section 1408A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123a) is repealed.
(b) Conforming Amendments.--
(1) Section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103) is
amended--
(A) in paragraph (16)(F), by adding ``and'' at the end;
(B) in paragraph (17), by striking ``; and'' at the end and
inserting a period; and
[[Page 735]]
(C) by striking paragraph (18).
(2) Section 1405(12) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3121(12)) is amended by striking ``, after coordination with
the Technology Board,''.
(3) Section 1410(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3125(2))
(as amended by section 802(b)(2)) is amended by striking
``and the recommendations of the Technology Board developed
under section 1408A(d)''.
(4) Section 1412 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3127)
(as amended by section 852(b)(3)) is amended--
(A) in the section heading, by striking ``AND TECHNOLOGY
BOARD'';
(B) in subsection (a)--
(i) by striking ``and the Technology Board'' each place it
appears; and
(ii) in paragraph (2), by striking ``and one shall serve as
the executive secretary to the Technology Board''; and
(C) in subsections (b) and (c), by striking ``and
Technology Board'' each place it appears.
(5) Section 1413 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128)
(as amended by section 852(b)(4)) is amended--
(A) in subsection (a), by striking ``or the Technology
Board''; and
(B) in subsection (b), by striking ``and the Technology
Board''.
SEC. 854. ANIMAL HEALTH SCIENCE RESEARCH ADVISORY BOARD.
Section 1432 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3194) is
repealed.
SEC. 855. RESIDENT INSTRUCTION PROGRAM AT 1890 LAND-GRANT
COLLEGES.
Section 1446 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a)
is repealed.
SEC. 856. GRANTS TO STATES FOR INTERNATIONAL TRADE
DEVELOPMENT CENTERS.
Section 1458A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292) is
repealed.
SEC. 857. RANGELAND RESEARCH.
(a) Reports.--Section 1481 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3334) is repealed.
(b) Advisory Board.--Section 1482 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3335) is repealed.
SEC. 858. COMPOSTING RESEARCH AND EXTENSION PROGRAM.
Section 1456 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3130) is repealed.
SEC. 859. EDUCATION PROGRAM REGARDING HANDLING OF
AGRICULTURAL CHEMICALS AND AGRICULTURAL
CHEMICAL CONTAINERS.
(a) Repeal.--Section 1499A of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3125c) is
repealed.
(b) Conforming Amendment.--Section 1499(b) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5506(b)) is amended by striking ``and section 1499A''.
SEC. 860. PROGRAM ADMINISTRATION REGARDING SUSTAINABLE
AGRICULTURE RESEARCH AND EDUCATION.
(a) Reporting Requirement.--Section 1622 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5812) is amended by striking subsection (b).
(b) Advisory Council.--Section 1622 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5812) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2);
(B) in paragraph (3), by striking ``subsection (e)'' and
inserting ``subsection (b)''; and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(2) by striking subsections (c) and (d);
(3) by redesignating subsection (e) as subsection (b); and
(4) in subsection (b)(2) (as so redesignated)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (F) as
subparagraphs (A) through (E), respectively.
(c) Conforming Amendments.--
(1) Section 1619(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5801(b)) is amended--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(2) Section 1621(c) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5811(c)) is amended--
(A) in paragraph (1)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(B) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (F) as
subparagraphs (A) through (E), respectively.
(3) Section 1628(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5831(b)) is amended by
striking ``Advisory Council, the Soil Conservation Service,''
and inserting ``Natural Resources Conservation Service''.
SEC. 861. RESEARCH REGARDING PRODUCTION, PREPARATION,
PROCESSING, HANDLING, AND STORAGE OF
AGRICULTURAL PRODUCTS.
Subtitle E of title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5871 et seq.)
is repealed.
SEC. 862. PLANT AND ANIMAL PEST AND DISEASE CONTROL PROGRAM.
(a) Repeal.--Subtitle F of title XVI of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5881 et seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 28(b)(2)(A) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-3(b)(2)(A)) is
amended by striking ``and the information required by section
1651 of the Food, Agriculture, Conservation, and Trade Act of
1990''.
(2) Section 1627(a)(3) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5821(a)(3)) is
amended by striking ``and section 1650''.
(3) Section 1628 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5831) is amended by striking
``section 1650,'' each place it appears in subsections (a)
and (d).
(4) Section 1629 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5832) is amended by striking
``section 1650,'' each place it appears in subsections (f)
and (g)(11).
SEC. 863. CERTAIN SPECIALIZED RESEARCH PROGRAMS.
Section 1672 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925) is amended--
(1) by striking subsections (a), (f), (g), (h), and (j);
and
(2) by redesignating subsections (i) and (k) as subsections
(f) and (g), respectively.
SEC. 864. COMMISSION ON AGRICULTURAL RESEARCH FACILITIES.
Section 1674 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5927) is repealed.
SEC. 865. SPECIAL GRANT TO STUDY CONSTRAINTS ON AGRICULTURAL
TRADE.
Section 1678 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5931) is repealed.
SEC. 866. PILOT PROJECT TO COORDINATE FOOD AND NUTRITION
EDUCATION PROGRAMS.
Section 1679 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5932) is repealed.
SEC. 867. DEMONSTRATION AREAS FOR RURAL ECONOMIC DEVELOPMENT.
Section 2348 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2662a) is repealed.
SEC. 868. TECHNICAL ADVISORY COMMITTEE REGARDING GLOBAL
CLIMATE CHANGE.
Section 2404 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6703) is repealed.
SEC. 869. COMMITTEE OF NINE UNDER HATCH ACT OF 1887.
Section 3(c)3 of the Act of March 2, 1887 (commonly known
as the ``Hatch Act of 1887''; 7 U.S.C. 361c(c)3) is amended
by striking ``, and shall be used'' and all that follows
through ``by this paragraph''.
SEC. 870. COTTON CROP REPORTS.
The Act of May 3, 1924 (43 Stat. 115, chapter 149; 7 U.S.C.
475), is repealed.
SEC. 871. RURAL ECONOMIC AND BUSINESS DEVELOPMENT AND
ADDITIONAL RESEARCH GRANTS UNDER TITLE V OF
RURAL DEVELOPMENT ACT OF 1972.
Section 502 of the Rural Development Act of 1972 (7 U.S.C.
2662) is amended by striking subsections (g) and (j).
SEC. 872. HUMAN NUTRITION RESEARCH.
Section 1452 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1985 (Public
Law 99-198; 7 U.S.C. 3173 note) is repealed.
SEC. 873. GRANTS TO UPGRADE 1890 LAND-GRANT COLLEGE EXTENSION
FACILITIES.
Section 1416 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1981 (7
U.S.C. 3224) is repealed.
SEC. 874. INDIAN SUBSISTENCE FARMING DEMONSTRATION GRANT
PROGRAM.
Subtitle C of title IX of the Food, Agriculture,
Conservation, and Trade Act Amendments of 1991 (Public Law
102-237; 7 U.S.C. 5930 note) is repealed.
Subtitle D--Miscellaneous Research Provisions
SEC. 881. CRITICAL AGRICULTURAL MATERIALS RESEARCH.
(a) Reports.--Section 4 of the Critical Agricultural
Materials Act (7 U.S.C. 178b) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(b) Authorization of Appropriations.--Section 16(a) of the
Critical Agricultural Materials Act (7 U.S.C. 178n(a)) is
amended by striking ``1995'' and inserting ``1997''.
SEC. 882. MEMORANDUM OF AGREEMENT REGARDING 1994
INSTITUTIONS.
Section 533 of the Equity in Educational Land-Grant Status
Act of 1994 (Public Law 103-382; 7 U.S.C. 301 note) is
amended by adding at the end the following:
``(d) Memorandum of Agreement.--Not later than January 6,
1997, the Secretary shall develop and implement a formal
memorandum of agreement with the 1994 Institutions to
establish programs to ensure that tribally controlled
colleges and Native American communities equitably
participate in Department of Agriculture employment,
programs, services, and resources.''.
[[Page 736]]
SEC. 883. SMITH-LEVER ACT FUNDING FOR 1890 LAND-GRANT
COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
(a) Eligibility for Funds.--Section 3(d) of the Act of May
8, 1914 (commonly known as the ``Smith-Lever Act''; 7 U.S.C.
343(d)), is amended by adding at the end the following: ``A
college or university eligible to receive funds under the Act
of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee
University, may apply for and receive directly from the
Secretary of Agriculture--
``(1) amounts made available under this subsection after
September 30, 1995, to carry out programs or initiatives for
which no funds were made available under this subsection for
fiscal year 1995, or any previous fiscal year, as determined
by the Secretary; and
``(2) amounts made available after September 30, 1995, to
carry out programs or initiatives funded under this
subsection prior to that date that are in excess of the
highest amount made available for the programs or initiatives
under this subsection for fiscal year 1995, or any previous
fiscal year, as determined by the Secretary.''.
(b) Conforming Amendment.--The third sentence of section
1444(a) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is amended by
inserting before the period at the end the following: ``,
except that for the purpose of this calculation, the total
appropriations shall not include amounts made available after
September 30, 1995, under section 3(d) of that Act (7 U.S.C.
343(d)), to carry out programs or initiatives for which no
funds were made available under section 3(d) of that Act for
fiscal year 1995, or any previous fiscal year, as determined
by the Secretary, and shall not include amounts made
available after September 30, 1995, to carry out programs or
initiatives funded under section 3(d) of that Act prior to
that date that are in excess of the highest amount made
available for the programs or initiatives for fiscal year
1995, or any previous fiscal year, as determined by the
Secretary''.
SEC. 884. AGRICULTURAL RESEARCH FACILITIES.
(a) Research Facilities.--The Research Facilities Act (7
U.S.C. 390 et seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Research Facilities Act'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Agricultural research facility.--The term
`agricultural research facility' means a proposed facility
for research in food and agricultural sciences for which
Federal funds are requested by a college, university, or
nonprofit institution to assist in the construction,
alteration, acquisition, modernization, renovation, or
remodeling of the facility.
``(2) Congressional agriculture committees.--The term
`congressional agriculture committees' means the Committee on
Appropriations and the Committee on Agriculture of the House
of Representatives and the Committee on Appropriations and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
``(3) Food and agricultural sciences.--The term `food and
agricultural sciences' means--
``(A) agriculture, including soil and water conservation
and use, the use of organic materials to improve soil tilth
and fertility, plant and animal production and protection,
and plant and animal health;
``(B) the processing, distribution, marketing, and
utilization of food and agricultural products;
``(C) forestry, including range management, production of
forest and range products, multiple use of forests and
rangelands, and urban forestry;
``(D) aquaculture (as defined in section 1404(3) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(3));
``(E) human nutrition;
``(F) production inputs, such as energy, to improve
productivity; and
``(G) germ plasm collection and preservation.
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(5) Task force.--The term `task force' means the
Strategic Planning Task Force established under section 4.
``SEC. 3. REVIEW PROCESS.
``(a) Submission to Secretary.--Each proposal for an
agricultural research facility shall be submitted to the
Secretary for review. The Secretary shall review the
proposals in the order in which the proposals are received.
``(b) Application Process.--In consultation with the
congressional agriculture committees, the Secretary shall
establish an application process for the submission of
proposals for agricultural research facilities.
``(c) Criteria for Approval.--
``(1) Determination by secretary.--With respect to each
proposal for an agricultural research facility submitted
under subsection (a), the Secretary shall determine whether
the proposal meets the criteria set forth in paragraph (2).
``(2) Criteria.--A proposal for an agricultural research
facility shall meet the following criteria:
``(A) Non-federal share.--The proposal shall certify the
availability of at least a 50 percent non-Federal share of
the cost of the facility. The non-Federal share shall be paid
in cash and may include funding from private sources or from
units of State or local government.
``(B) Nonduplication of facilities.--The proposal shall
demonstrate how the agricultural research facility would be
complementary to, and not duplicative of, facilities of
colleges, universities, and nonprofit institutions, and
facilities of the Agricultural Research Service, within the
State and region.
``(C) National research priorities.--The proposal shall
demonstrate how the agricultural research facility would
serve--
``(i) 1 or more of the national research policies and
priorities set forth in section 1402 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3101); and
``(ii) regional needs.
``(D) Long-term support.--The proposal shall demonstrate
that the recipient college, university, or nonprofit
institution has the ability and commitment to support the
long-term, ongoing operating costs of--
``(i) the agricultural research facility after the facility
is completed; and
``(ii) each program to be based at the facility.
``(d) Evaluation of Proposals.--Not later than 90 days
after receiving a proposal under subsection (a), the
Secretary shall--
``(1) evaluate and assess the merits of the proposal,
including the extent to which the proposal meets the criteria
set forth in subsection (c); and
``(2) report to the congressional agriculture committees on
the results of the evaluation and assessment.
``SEC. 4. TASK FORCE ON 10-YEAR STRATEGIC PLAN FOR
AGRICULTURAL RESEARCH FACILITIES.
``(a) Establishment.--Not later than 6 months after the
date of enactment of the Federal Agriculture Improvement and
Reform Act of 1996, the Secretary shall establish a task
force, to be known as the `Strategic Planning Task Force'.
The task force shall be comprised of 15 members.
``(b) Composition.--The Secretary shall select the members
of the task force from a list of individuals recommended by
the Advisory Board established under section 1408 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123). In submitting the list to
the Secretary, the board may recommend for selection
individuals (including members of the Advisory Board) who
have expertise in facilities development, modernization,
construction, consolidation, and closure.
``(c) Duties.--The task force shall review all currently
operating agricultural research facilities constructed in
whole or in part with Federal funds, and all planned
agricultural research facilities proposed to be constructed
with Federal funds, pursuant to criteria established by the
Secretary, to ensure that a comprehensive research capacity
is maintained.
``(d) 10-Year Strategic Plan.--Not later than 2 years after
the task force is established, the task force shall prepare
and submit to the Secretary and the congressional agriculture
committees a 10-year strategic plan, reflecting both national
and regional perspectives, for development, modernization,
construction, consolidation, and closure of Federal
agricultural research facilities and agricultural research
facilities proposed to be constructed with Federal funds.
``(e) Applicability of Federal Advisory Committee Act.--
``(1) Public meetings.--All meetings of the task force
shall be publicly announced in advance and shall be open to
the public. Detailed minutes of meetings and other
appropriate records of the activities of the task force shall
be kept and made available to the public on request.
``(2) Exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) and title XVIII of the Food and Agriculture Act
of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the task
force.
``(f) Definition of Agricultural Research Facility.--
Notwithstanding section 2(1), in this section the term
`agricultural research facility' means a facility for
research in food and agricultural sciences.
``SEC. 5. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
``The Federal Advisory Committee Act (5 U.S.C. App.) and
title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C.
2281 et seq.) shall not apply to a panel or board created
solely for the purpose of reviewing applications or proposals
submitted under this Act.
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--Subject to subsection (b), there are
authorized to be appropriated such sums as are necessary for
fiscal years 1996 and 1997 for the study, plan, design,
structure, and related costs of agricultural research
facilities under this Act.
``(b) Allowable Administrative Costs.--Not more than 3
percent of the funds made available for any project for an
agricultural research facility shall be available for
administration of the project.''.
(b) Application of Amendment.--The amendment made by
subsection (a), other than section 4 of the Research
Facilities Act (as amended by subsection (a)), shall not
apply to any project for an agricultural research facility
for which funds have been made available for a feasibility
study or for any phase of the project prior to October 1,
1995.
(c) Authorization of Appropriations for Federal
Facilities.--Section 1431 of the National Agricultural
Research, Extension, and Teaching Policy Act Amendments of
1985 (Public Law 99-198; 99 Stat. 1556) is amended--
[[Page 737]]
(1) in subsection (a)--
(A) by striking ``(a)''; and
(B) by striking ``1995'' and inserting ``1997''; and
(2) by striking subsection (b).
(d) Conforming Amendment.--Section 1463(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3311(a)) is amended by striking ``1416,''.
SEC. 885. NATIONAL COMPETITIVE RESEARCH INITIATIVE.
(a) Authorization of Appropriations for Competitive
Grants.--Subsection (b)(10) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i(b)(10)) is
amended--
(1) by striking ``fiscal year 1995'' and inserting ``each
of fiscal years 1995 through 1997''; and
(2) in subparagraph (B), by striking ``20 percent'' and
inserting ``40 percent''.
(b) Availability of Funds.--Subsection (b) of the
Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 450i(b)) is amended by adding at the end the
following:
``(11) Availability of Funds.--Funds made available under
paragraph (10) shall be available for obligation for a 2-year
period beginning on October 1 of the fiscal year for which
the funds are made available.''.
SEC. 886. RURAL DEVELOPMENT RESEARCH AND EDUCATION.
Section 502(a) of the Rural Development Act of 1972 (7
U.S.C. 2662(a)) is amended by inserting after the first
sentence the following: ``The rural development extension
programs shall also promote coordinated and integrated rural
community initiatives that advance and empower capacity
building through leadership development, entrepreneurship,
business development and management training, and strategic
planning to increase jobs, income, and quality of life in
rural communities.''.
SEC. 887. DAIRY GOAT RESEARCH PROGRAM.
Section 1432(b)(5) of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1981 (Public
Law 97-98; 7 U.S.C. 3222 note) is amended by striking
``1995'' and inserting ``1997''.
SEC. 888. COMPETITIVE GRANTS FOR RESEARCH TO ERADICATE AND
CONTROL BROWN CITRUS APHID AND CITRUS TRISTEZA
VIRUS.
Section 1672 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925) (as amended by section 863)
is amended by inserting before subsection (b) the following:
``(a) Brown Citrus Aphid and Citrus Tristeza Virus.--
``(1) Research grants authorized.--The Secretary of
Agriculture may make competitive grants available to support
research for the purpose of--
``(A) developing methods to eradicate the brown citrus
aphid and the citrus tristeza virus from citrus crops grown
in the United States; or
``(B) adapting citrus crops grown in the United States to
the brown citrus aphid and the citrus tristeza virus.
``(2) Method of providing grants.--Grants authorized under
this subsection shall be made in the same manner, and shall
be subject to the same conditions, as provided for
competitive grants under the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 450i).
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$3,000,000 for fiscal year 1997.''.
SEC. 889. STUTTGART NATIONAL AQUACULTURE RESEARCH CENTER.
(a) Transfer of Functions to Secretary of Agriculture.--
(1) Purpose.--The first section of Public Law 85-342 (16
U.S.C. 778) is amended--
(A) by striking ``Secretary of the Interior'' and all that
follows through ``directed to'' and inserting ``Secretary of
Agriculture shall'';
(B) by striking ``an experiment station or stations'' and
inserting ``1 or more centers''; and
(C) in paragraph (5), by striking ``Department of
Agriculture'' and inserting ``Secretary of the Interior''.
(2) Authority.--Section 2 of Public Law 85-342 (16 U.S.C.
778a) is amended by striking ``, the Secretary'' and all that
follows through ``authorized'' and inserting ``, the
Secretary of Agriculture is authorized''.
(3) Assistance.--Section 3 of Public Law 85-342 (16 U.S.C.
778b) is amended--
(A) by striking ``Secretary of the Interior'' and inserting
``Secretary of Agriculture''; and
(B) by striking ``Department of Agriculture'' and inserting
``Secretary of the Interior''.
(b) Transfer of Fish Farming Experimental Laboratory to
Department of Agriculture.--
(1) Designation of stuttgart national aquaculture research
center.--
(A) In general.--The Fish Farming Experimental Laboratory
in Stuttgart, Arkansas (including the facilities in Kelso,
Arkansas), shall be known and designated as the ``Stuttgart
National Aquaculture Research Center''.
(B) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
laboratory referred to in subparagraph (A) shall be deemed to
be a reference to the ``Stuttgart National Aquaculture
Research Center''.
(2) Transfer of laboratory to department of agriculture.--
Subject to section 1531 of title 31, United States Code, not
later than 90 days after the date of enactment of this Act,
there are transferred to the Department of Agriculture--
(A) the personnel employed in connection with the
laboratory referred to in paragraph (1)(A);
(B) the assets, liabilities, contracts, and real and
personal property of the laboratory;
(C) the records of the laboratory; and
(D) the unexpended balance of appropriations,
authorizations, allocations, and other funds employed in
connection with, held in connection with, arising from,
available to, or to be made available in connection with the
laboratory.
(3) Nonduplication of facilities.--The research center
referred to in paragraph (1)(A) shall be complementary to,
and not duplicative of, facilities of colleges, universities,
and nonprofit institutions, and facilities of the
Agricultural Research Service, within the State and region,
as determined by the Administrator of the Service.
SEC. 890. EXPANSION OF AUTHORITIES RELATED TO NATIONAL
ARBORETUM.
(a) Solicitation of Gifts, Benefits, and Devises.--The
first sentence of section 5 of the Act of March 4, 1927 (20
U.S.C. 195), is amended by inserting ``solicit,'' after
``authorized to''.
(b) Concessions, Fees, and Voluntary Services.--The Act of
March 4, 1927 (20 U.S.C. 191 et seq.), is amended by adding
at the end the following:
``SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES.
``(a) In General.--Notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)
and section 321 of the Act of June 30, 1932 (40 U.S.C. 303b),
the Secretary of Agriculture, in furtherance of the mission
of the National Arboretum, may--
``(1) negotiate agreements granting concessions at the
National Arboretum to nonprofit scientific or educational
organizations the interests of which are complementary to the
mission of the National Arboretum, except that the net
proceeds of the organizations from the concessions shall be
used exclusively for research and educational work for the
benefit of the National Arboretum;
``(2) provide by concession, on such terms as the Secretary
of Agriculture considers appropriate and necessary, for
commercial services for food, drink, and nursery sales, if an
agreement for a permanent concession under this paragraph is
negotiated with a qualified person submitting a proposal
after due consideration of all proposals received after the
Secretary of Agriculture provides reasonable public notice of
the intent of the Secretary to enter into such an agreement;
``(3) dispose of excess property, including excess plants
and fish, in a manner designed to maximize revenue from any
sale of the property, including by way of public auction,
except that this paragraph shall not apply to the free
dissemination of new varieties of seeds and germ plasm in
accordance with section 520 of the Revised Statutes (commonly
known as the `Department of Agriculture Organic Act of 1862')
(7 U.S.C. 2201);
``(4) charge such fees as the Secretary of Agriculture
considers reasonable for temporary use by individuals or
groups of National Arboretum facilities and grounds for any
purpose consistent with the mission of the National
Arboretum;
``(5) charge such fees as the Secretary of Agriculture
considers reasonable for the use of the National Arboretum
for commercial photography or cinematography;
``(6) publish, in print and electronically and without
regard to laws relating to printing by the Federal
Government, informational brochures, books, and other
publications concerning the National Arboretum or the
collections of the Arboretum; and
``(7) license use of the National Arboretum name and logo
for public service or commercial uses.
``(b) Use of Funds.--Any funds received or collected by the
Secretary of Agriculture as a result of activities described
in subsection (a) shall be retained in a special fund in the
Treasury for the use and benefit of the National Arboretum as
the Secretary of Agriculture considers appropriate.
``(c) Acceptance of Voluntary Services.--The Secretary of
Agriculture may accept the voluntary services of
organizations described in subsection (a)(1), and the
voluntary services of individuals (including employees of the
National Arboretum), for the benefit of the National
Arboretum.''.
SEC. 891. TRANSFER OF AQUACULTURAL RESEARCH CENTER.
(a) Transfer of Fish Culture Laboratory to Department of
Agriculture.--
(1) Designation of claude harris national aquacultural
research center.--
(A) In general.--The Southeastern Fish Culture Laboratory
in Marion, Alabama, shall be known and designated as the
``Claude Harris National Aquacultural Research Center''.
(B) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
laboratory referred to in subparagraph (A) shall be deemed to
be a reference to the ``Claude Harris National Aquacultural
Research Center''.
(2) Transfer of laboratory to department of agriculture.--
Subject to section 1531 of title 31, United States Code, not
later than 90 days after the date of enactment of this Act,
the Secretary of the Interior may transfer, in whole or in
part, to the Department of Agriculture, with the consent of
the Secretary of Agriculture--
[[Page 738]]
(A) the personnel employed in connection with the
laboratory referred to in paragraph (1);
(B) the assets, liabilities, contracts, and real and
personal property of the laboratory;
(C) the records of the laboratory; and
(D) the unexpended balance of appropriations,
authorizations, allocations, and other funds employed in
connection with, held in connection with, arising from,
available to, or to be made available in connection with the
laboratory.
(b) Nonduplication of Facilities.--The research center
designated by subsection (a) shall be complementary to, and
not duplicative of, facilities of colleges, universities, and
nonprofit institutions, and facilities of the Agricultural
Research Service, within the State and region, as determined
by the Secretary of Agriculture.
SEC. 892. USE OF REMOTE SENSING DATA AND OTHER DATA TO
ANTICIPATE POTENTIAL FOOD, FEED, AND FIBER
SHORTAGES OR EXCESSES AND TO PROVIDE TIMELY
INFORMATION TO ASSIST FARMERS WITH PLANTING
DECISIONS.
(a) Findings.--Congress finds that--
(1) remote sensing data can be useful to predict impending
famine problems and forest infestations in time to allow
remedial action;
(2) remote sensing data can inform the agricultural
community as to the condition of crops and the land that
sustains those crops; and
(3) remote sensing data and other data can be valuable,
when received on a timely basis, in determining the need for
additional plantings of a particular crop or a substitute
crop.
(b) Information Development.--The Secretary of Agriculture
and the Administrator of the National Aeronautics and Space
Administration, maximizing private funding and involvement,
shall provide farmers and other interested persons with
timely information, through remote sensing, on crop
conditions, fertilization and irrigation needs, pest
infiltration, soil conditions, projected food, feed, and
fiber production, and any other information available through
remote sensing.
(c) Coordination.--The Secretary of Agriculture and the
Administrator of the National Aeronautics and Space
Administration shall jointly develop a proposal to provide
farmers and other prospective users with supply and demand
information for food and fibers.
(d) Sunset.--The authorities provided by this section shall
expire 5 years after the date of enactment of this Act.
SEC. 893. SENSE OF SENATE REGARDING METHYL BROMIDE
ALTERNATIVE RESEARCH AND EXTENSION ACTIVITIES.
It is the sense of the Senate that--
(1) the Department of Agriculture should continue to make
methyl bromide alternative research and extension activities
a high priority of the Department; and
(2) the Department of Agriculture, the Environmental
Protection Agency, producer and processor organizations,
environmental organizations, and State agencies should
continue their dialogue on the risks and benefits of
extending the 2001 phaseout deadline.
Subtitle E--Research Authority After Fiscal Year 1997
SEC. 897. AUTHORIZATION OF APPROPRIATIONS.
Subject to section 898, there are authorized to be
appropriated for fiscal years 1998 through 2002 such sums as
are necessary to carry out the agricultural research,
extension, and education activities and initiatives of the
Department of Agriculture.
SEC. 898. ACTIVITIES SUBJECT TO AVAILABILITY OF
APPROPRIATIONS.
During each of fiscal years 1998 through 2002, the
Secretary of Agriculture shall conduct only those
agricultural research, extension, and education activities
and initiatives of the Department of Agriculture for which
funds are specifically provided for the fiscal year in an
appropriation Act.
TITLE IX--MISCELLANEOUS
Subtitle A--Commercial Transportation of Equine for Slaughter
SEC. 901. FINDINGS.
Because of the unique and special needs of equine being
transported to slaughter, Congress finds that it is
appropriate for the Secretary of Agriculture to issue
guidelines for the regulation of the commercial
transportation of equine for slaughter by persons regularly
engaged in that activity within the United States.
SEC. 902. DEFINITIONS.
In this subtitle:
(1) Commercial transportation.--The term ``commercial
transportation'' means the regular operation for profit of a
transport business that uses trucks, tractors, trailers, or
semitrailers, or any combination thereof, propelled or drawn
by mechanical power on any highway or public road.
(2) Equine for slaughter.--The term ``equine for
slaughter'' means any member of the Equidae family being
transferred to a slaughter facility, including an assembly
point, feedlot, or stockyard.
(3) Person.--The term ``person''--
(A) means any individual, partnership, corporation, or
cooperative association that regularly engages in the
commercial transportation of equine for slaughter; but
(B) does not include any individual or other entity
referred to in subparagraph (A) that occasionally transports
equine for slaughter incidental to the principal activity of
the individual or other entity in production agriculture.
SEC. 903. REGULATION OF COMMERCIAL TRANSPORTATION OF EQUINE
FOR SLAUGHTER.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Agriculture may issue
guidelines for the regulation of the commercial
transportation of equine for slaughter by persons regularly
engaged in that activity within the United States.
(b) Issues for Review.--In carrying out this section, the
Secretary of Agriculture shall review the food, water, and
rest provided to equine for slaughter in transit, the
segregation of stallions from other equine during transit,
and such other issues as the Secretary considers appropriate.
(c) Additional Authority.--In carrying out this section,
the Secretary of Agriculture may--
(1) require any person to maintain such records and reports
as the Secretary considers necessary;
(2) conduct such investigations and inspections as the
Secretary considers necessary; and
(3) establish and enforce appropriate and effective civil
penalties.
SEC. 904. LIMITATION OF AUTHORITY TO EQUINE FOR SLAUGHTER.
Nothing in this subtitle authorizes the Secretary of
Agriculture to regulate the routine or regular
transportation, to slaughter or elsewhere, of--
(1) livestock other than equine; or
(2) poultry.
SEC. 905. EFFECTIVE DATE.
This subtitle shall become effective on the first day of
the first month that begins 30 days or more after the date of
enactment of this Act.
Subtitle B--General Provisions
SEC. 911. INTERSTATE QUARANTINE.
The fourth sentence of section 8 of the Act of August 20,
1912 (7 U.S.C. 161), is amended by inserting after
``Provided, That'' the following: ``if the Secretary of
Agriculture determines under this section that it is
necessary to quarantine a State entirely comprised of
islands, the Secretary of Agriculture, in implementing the
restrictions authorized under this section, shall give
consideration to enhancing passenger movement and commerce on
and between islands in the State: Provided further, That''.
SEC. 912. COTTON CLASSIFICATION SERVICES.
(a) Extension of Authorization.--The first sentence of
section 3a of the Act of March 3, 1927 (commonly known as the
``Cotton Statistics and Estimates Act'') (7 U.S.C. 473a), is
amended by striking ``1996'' and inserting ``2002''.
(b) Cotton Classing Office Locations.--Section 4 of the Act
of March 3, 1927 (commonly known as the ``Cotton Statistics
and Estimates Act'') (7 U.S.C. 474), is amended by adding at
the end the following: ``The Secretary of Agriculture shall
maintain until at least January 1, 1999, all cotton classing
office locations in the State of Missouri that existed on
January 1, 1996.''.
SEC. 913. PLANT VARIETY PROTECTION FOR CERTAIN TUBER
PROPAGATED PLANT VARIETIES.
(a) In General.--Section 42(a)(1)(B)(i) of the Plant
Variety Protection Act (7 U.S.C. 2402(a)(1)(B)(i)) is amended
by inserting after ``filing'' the following: ``, except that
in the case of a tuber propagated plant variety the Secretary
may waive the 4-year limitation for a period ending 1 year
after the date of enactment of the Federal Agriculture
Improvement and Reform Act of 1996''.
(b) Term of Protection.--Section 83(b) of the Plant Variety
Protection Act (7 U.S.C. 2483(b)) is amended--
(1) by striking ``(b) The term'' and inserting the
following:
``(b) Term.--
``(1) In general.--Except as provided in paragraph (2), the
term'';
(2) in the second sentence, by striking ``If the
certificate'' and inserting the following:
``(2) Exceptions.--If the certificate''; and
(3) in paragraph (2) (as so designated), by striking
``except that, in the case'' and inserting the following:
``except that--
``(A) in the case of a tuber propagated plant variety
subject to a waiver granted under section 42(a)(1)(B)(i), the
term of the plant variety protection shall expire 20 years
after the date of the original grant of the plant breeder's
rights to the variety outside the United States; and
``(B) in the case''.
SEC. 914. SWINE HEALTH PROTECTION.
(a) Termination of State Primary Enforcement
Responsibility.--Section 10 of the Swine Health Protection
Act (7 U.S.C. 3809) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Request of State Official.--
``(1) In general.--On request of the Governor or other
appropriate official of a State, the Secretary may terminate,
effective as soon as the Secretary determines is practicable,
the primary enforcement responsibility of a State under
subsection (a). In terminating the primary enforcement
responsibility under this subsection, the Secretary shall
work with the appropriate State official to determine the
level of support to be provided to the Secretary by the State
under this Act.
``(2) Reassumption.--Nothing in this subsection shall
prevent a State from reassuming primary enforcement
responsibility if the Secretary determines that the State
meets the requirements of subsection (a).''.
[[Page 739]]
(b) Advisory Committee.--The Swine Health Protection Act is
amended--
(1) by striking section 11 (7 U.S.C. 3810); and
(2) by redesignating sections 12, 13, and 14 (7 U.S.C.
3811, 3812, and 3813) as sections 11, 12, and 13,
respectively.
SEC. 915. DESIGNATION OF MOUNT PLEASANT NATIONAL SCENIC AREA.
Sections 1, 2, and 3(a)(1) of the George Washington
National Forest Mount Pleasant Scenic Area Act (Public Law
103-314; 16 U.S.C. 545 note) are each amended by striking
``George Washington National Forest Mount Pleasant Scenic
Area'' and inserting ``Mount Pleasant National Scenic Area''.
SEC. 916. PSEUDORABIES ERADICATION PROGRAM.
Section 2506(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 114i(d)) is amended by striking
``1995'' and inserting ``2002''.
SEC. 917. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND
INSPECTION FEES.
Section 2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136a) is amended by striking
subsection (a) and inserting the following:
``(a) Quarantine and Inspection Fees.--
``(1) Fees authorized.--The Secretary of Agriculture may
prescribe and collect fees sufficient--
``(A) to cover the cost of providing agricultural
quarantine and inspection services in connection with the
arrival at a port in the customs territory of the United
States, or the preclearance or preinspection at a site
outside the customs territory of the United States, of an
international passenger, commercial vessel, commercial
aircraft, commercial truck, or railroad car;
``(B) to cover the cost of administering this subsection;
and
``(C) through fiscal year 2002, to maintain a reasonable
balance in the Agricultural Quarantine Inspection User Fee
Account established under paragraph (5).
``(2) Limitation.--In setting the fees under paragraph (1),
the Secretary shall ensure that the amount of the fees is
commensurate with the costs of agricultural quarantine and
inspection services with respect to the class of persons or
entities paying the fees. The costs of the services with
respect to passengers as a class includes the costs of
related inspections of the aircraft or other vehicle.
``(3) Status of fees.--Fees collected under this subsection
by any person on behalf of the Secretary are held in trust
for the United States and shall be remitted to the Secretary
in such manner and at such times as the Secretary may
prescribe.
``(4) Late payment penalties.--If a person subject to a fee
under this subsection fails to pay the fee when due, the
Secretary shall assess a late payment penalty, and the
overdue fees shall accrue interest, as required by section
3717 of title 31, United States Code.
``(5) Agricultural quarantine inspection user fee
account.--
``(A) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `Agricultural
Quarantine Inspection User Fee Account', which shall contain
all of the fees collected under this subsection and late
payment penalties and interest charges collected under
paragraph (4) through fiscal year 2002.
``(B) Use of account.--For each of fiscal years 1996
through 2002, funds in the Agricultural Quarantine Inspection
User Fee Account shall be available, in such amounts as are
provided in advance in appropriations Acts, to cover the
costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. Amounts made available under this
subparagraph shall be available until expended.
``(C) Excess fees.--Fees and other amounts collected under
this subsection in any of fiscal years 1996 through 2002 in
excess of $100,000,000 shall be available for the purposes
specified in subparagraph (B) until expended, without further
appropriation.
``(6) Use of amounts collected after fiscal year 2002.--
After September 30, 2002, the unobligated balance in the
Agricultural Quarantine Inspection User Fee Account and fees
and other amounts collected under this subsection shall be
credited to the Department of Agriculture accounts that incur
the costs associated with the provision of agricultural
quarantine and inspection services and the administration of
this subsection. The fees and other amounts shall remain
available to the Secretary until expended without fiscal year
limitation.
``(7) Staff years.--The number of full-time equivalent
positions in the Department of Agriculture attributable to
the provision of agricultural quarantine and inspection
services and the administration of this subsection shall not
be counted toward the limitation on the total number of full-
time equivalent positions in all agencies specified in
section 5(b) of the Federal Workforce Restructuring Act of
1994 (Public Law 103-226; 5 U.S.C. 3101 note) or other
limitation on the total number of full-time equivalent
positions.''.
SEC. 918. MEAT AND POULTRY INSPECTION.
(a) Establishment of Safe Meat and Poultry Inspection
Panel.--
(1) In general.--The Federal Meat Inspection Act is
amended--
(A) by redesignating section 410 (21 U.S.C. 680) as section
411; and
(B) by inserting after section 409 (21 U.S.C. 679) the
following:
``SEC. 410. SAFE MEAT AND POULTRY INSPECTION PANEL.
``(a) Establishment.--There is established in the
Department of Agriculture a permanent advisory panel to be
known as the `Safe Meat and Poultry Inspection Panel'
(referred to in this section as the `panel').
``(b) Duties.--
``(1) Review and evaluation.--The panel shall review and
evaluate, as the panel considers necessary, the adequacy,
necessity, safety, cost-effectiveness, and scientific merit
of--
``(A) inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act;
``(B) informal petitions or proposals for changes in
inspection procedures, processes, and techniques of plants
inspected under this Act;
``(C) formal changes in meat inspection regulations
promulgated under this Act, whether in notice, proposed, or
final form; and
``(D) such other matters as may be referred to the panel by
the Secretary regarding the quality or effectiveness of a
safe and cost-effective meat inspection system under this
Act.
``(2) Reports.--
``(A) In general.--The panel shall submit to the Secretary
a report on the results of each review and evaluation carried
out under paragraph (1), including such recommendations as
the panel considers appropriate.
``(B) Reports on formal changes.--In the case of a report
concerning a formal change in meat inspection regulations,
the report shall be made within the time limits prescribed
for formal comments on such changes.
``(C) Publication in federal register.--Each report of the
panel to the Secretary shall be published in the Federal
Register.
``(c) Secretarial Response.--Not later than 90 days after
the publication of a panel report under subsection (b)(2)(C),
the Secretary shall publish in the Federal Register any
response required of the Secretary to the report.
``(d) Composition of Panel.--The panel shall be composed of
7 members, not fewer than 5 of whom shall be from the food
science, meat science, or poultry science profession,
appointed to staggered terms not to exceed 3 years by the
Secretary from nominations received from the National
Institutes of Health and the Federation of American Societies
of Food Animal Science and based on the professional
qualifications of the nominees.
``(e) Nominations.--
``(1) Initial panel.--In constituting the initial panel,
the Secretary shall solicit 6 nominees from the National
Institutes of Health and 6 nominees from the Federation of
American Societies of Food Animal Science for membership on
the panel.
``(2) Vacancies.--Any subsequent vacancy on the panel shall
be filled by the Secretary after soliciting 2 nominees from
the National Institutes of Health and 2 nominees from the
Federation of American Societies of Food Animal Science.
``(3) Requirements for nominees.--
``(A) In general.--Each nominee provided under paragraph
(1) or (2) shall have a background in public health issues
and a scientific expertise in food, meat, or poultry science
or in veterinary science.
``(B) Submission of information.--The Secretary may require
nominees to submit such information as the Secretary
considers necessary prior to completing the selection
process.
``(4) Additional nominees.--If any list of nominees
provided under paragraph (1) or (2) is unsatisfactory to the
Secretary, the Secretary may request the nominating entities
to submit an additional list of nominees.
``(f) Travel Expenses.--While away from the home or regular
place of business of a member of the panel in the performance
of services for the panel, the member shall be allowed travel
expenses, including per diem in lieu of subsistence, at the
same rate as a person employed intermittently in the
Government service would be allowed under section 5703 of
title 5, United States Code.
``(g) Conflicts of Interest.--The Secretary shall
promulgate regulations regarding conflicts of interest with
respect to the members of the panel.
``(h) Exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) and title XVIII of the Food and Agriculture Act
of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the panel.
``(i) Funding.--From funds available to the Secretary to
carry out this Act and the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.), the Secretary shall allocate such
sums as may be necessary to carry out this section.''.
(2) Cross reference in poultry products inspection act.--
The Poultry Products Inspection Act (21 U.S.C. 451 et seq.)
is amended by adding at the end the following:
``SEC. 30. SAFE MEAT AND POULTRY INSPECTION PANEL.
``(a) Review and Evaluation.--The advisory panel known as
the `Safe Meat and Poultry Inspection Panel' established by
section 410 of the Federal Meat Inspection Act shall review
and evaluate, as the panel considers necessary, the adequacy,
necessity, safety, cost-effectiveness, and scientific merit
of--
``(1) inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act;
[[Page 740]]
``(2) informal petitions or proposals for changes in
inspection procedures, processes, and techniques of plants
inspected under this Act;
``(3) formal changes in poultry inspection regulations
promulgated under this Act, whether in notice, proposed, or
final form; and
``(4) such other matters as may be referred to the panel by
the Secretary regarding the quality or effectiveness of a
safe and cost-effective poultry inspection system under this
Act.
``(b) Reports.--
``(1) In general.--The Safe Meat and Poultry Inspection
Panel shall submit to the Secretary a report on the results
of each review and evaluation carried out under paragraph
(1), including such recommendations as the panel considers
appropriate.
``(2) Reports on formal changes.--In the case of a report
concerning a formal change in poultry inspection regulations,
the report shall be made within the time limits prescribed
for formal comments on such changes.''.
(b) Interstate Shipment of State-Inspected Meat and
Poultry.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture shall submit to
Congress recommendations concerning the steps necessary to
achieve interstate shipment of--
(1) meat inspected under a State meat inspection program
developed and administered under section 301 of the Federal
Meat Inspection Act (21 U.S.C. 661); and
(2) poultry inspected under a State poultry product
inspection program developed and administered under section 5
of the Poultry Products Inspection Act (21 U.S.C. 454).
SEC. 919. REIMBURSABLE AGREEMENTS.
(a) In General.--The Secretary of Agriculture (referred to
in this section as the ``Secretary'') may enter into
reimbursable fee agreements with persons for preclearance at
locations outside the United States of plants, plant
products, animals, and articles for movement into the United
States.
(b) Overtime, Night, and Holiday Work.--Notwithstanding any
other provision of law, the Secretary may pay an employee of
the Department of Agriculture performing services relating to
imports into and exports from the United States for overtime,
night, and holiday work performed by the employee at a rate
of pay established by the Secretary.
(c) Reimbursement.--
(1) In general.--The Secretary may require persons for whom
preclearance services are performed to reimburse the
Secretary for any amounts paid by the Secretary for
performance of the services.
(2) Crediting of funds.--All funds collected under
paragraph (1) shall be credited to the account that incurs
the costs and shall remain available until expended without
fiscal year limitation.
(3) Late payment penalty.--
(A) In general.--On failure of a person to reimburse the
Secretary for the costs of performance of preclearance
services--
(i) the Secretary may assess a late payment penalty; and
(ii) the overdue funds shall accrue interest in accordance
with section 3717 of title 31, United States Code.
(B) Crediting of funds.--Any late payment penalty and any
accrued interest collected under this paragraph shall be
credited to the account that incurs the costs and shall
remain available until expended without fiscal year
limitation.
SEC. 920. OVERSEAS TORT CLAIMS.
(a) In General.--The Secretary of Agriculture may pay a
tort claim in the manner authorized by section 2672 of title
28, United States Code, if the claim arises outside the
United States in connection with activities of individuals
who are performing services for the Secretary.
(b) Period for Presentation of Claim.--A claim may not be
allowed under this section unless the claim is presented in
writing to the Secretary of Agriculture within 2 years after
the date on which the claim accrues.
(c) Finality.--Notwithstanding any other provision of law,
an award or denial of a claim by the Secretary of Agriculture
under this section is final.
SEC. 921. OPERATION OF GRADUATE SCHOOL OF DEPARTMENT OF
AGRICULTURE AS NONAPPROPRIATED FUND
INSTRUMENTALITY.
(a) Definitions.--In this section:
(1) Graduate school.--The term ``Graduate School'' means
the Graduate School of the Department of Agriculture.
(2) Board.--The term ``Board'' means the General
Administration Board of the Graduate School.
(3) Director.--The term ``Director'' means the Director of
the Graduate School.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Operation as Nonappropriated Fund Instrumentality.--On
and after the date of enactment of this Act, the Graduate
School of the Department of Agriculture shall continue to
operate as a nonappropriated fund instrumentality of the
United States under the jurisdiction of the Department of
Agriculture.
(c) Activities of Graduate School.--Under the general
supervision of the Secretary, the Graduate School shall
develop, administer, and provide educational, training, and
professional development activities, including educational
activities for Federal agencies, Federal employees, nonprofit
organizations, other entities, and members of the general
public.
(d) Fees and Donations.--
(1) Collection of fees.--The Graduate School may charge and
retain fair and reasonable fees for the activities provided
by the Graduate School. The amount of the fees shall be based
on the cost of the activities to the Graduate School.
(2) Acceptance of donations.--
(A) Acceptance and use authorized.--The Graduate School may
accept, use, hold, dispose, and administer gifts, bequests,
and devises of money, securities, and other real or personal
property made for the benefit of, or in connection with, the
Graduate School.
(B) Exception.--The Graduate School shall not accept a
donation from a person that is actively engaged in a
procurement activity with the Graduate School or has an
interest that may be substantially affected by the
performance or nonperformance of an official duty of a member
of the Board or an employee of the Graduate School.
(3) Not federal funds.--Fees collected under paragraph (1)
and amounts received under paragraph (2) shall not be
considered to be Federal funds and shall not be required to
be deposited in the Treasury of the United States.
(e) General Administration Board and Director.--
(1) Appointment as governing board.--The Secretary shall
appoint a General Administration Board to serve as a
governing board for the Graduate School and to supervise and
direct the activities of the Graduate School. The Board shall
be subject to regulation by the Secretary.
(2) Duties of board.--The Board shall--
(A) formulate broad policies in accordance with which the
Graduate School shall be administered;
(B) take all steps necessary to ensure that the highest
possible educational standards are maintained by the Graduate
School;
(C) exercise general supervision over the administration of
the Graduate School; and
(D) establish such bylaws, rules, and procedures as may be
necessary for the fulfillment of the duties described in
subparagraphs (A), (B), and (C).
(3) Appointment of director and other officers.--The Board
shall select a Director and such other officers as the Board
considers necessary to administer the Graduate School. The
Director and other officers shall serve on such terms and
perform such duties as the Board may prescribe.
(4) Duties of director.--The Director shall be responsible,
subject to the supervision and direction of the Board, for
carrying out the functions of the Graduate School.
(5) Borrowing and investment authority.--The Board may
authorize the Director--
(A) to borrow money on the credit of the Graduate School;
and
(B) to invest funds held in excess of the current operating
requirements of the Graduate School for purposes of
maintaining a reasonable reserve.
(6) Liability.--The Director and the members of the Board
shall not be held personally liable for any loss or damage
that may accrue to the funds of the Graduate School as the
result of any act or exercise of discretion performed in
carrying out their duties under this section.
(f) Employees.--Employees of the Graduate School are
employees of a nonappropriated fund instrumentality and shall
not be considered to be Federal employees.
(g) Not a Federal Agency.--The Graduate School shall not be
considered to be a Federal agency for purposes of--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) section 552 or 552a of title 5, United States Code; or
(3) chapter 171 of title 28, United States Code;
(h) Acquisition and Disposal of Property.--In order to
carry out the activities of the Graduate School, the Graduate
School may--
(1) acquire real property in the District of Columbia and
in other places by lease, purchase, or otherwise;
(2) maintain, enlarge, or remodel any such property;
(3) have sole control of any such property; and
(4) dispose of real and personal property without regard to
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.).
(i) Contract Authority.--The Graduate School may enter into
contracts without regard to the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)
or any other law that prescribes procedures for the
procurement of property or services by an executive agency.
(j) Use of Department Facilities and Resources.--The
Graduate School may use the facilities and resources of the
Department of Agriculture, on the condition that any costs
incurred by the Department that are attributable solely to
Graduate School operations and all costs incurred by the
Graduate School arising out of such operations shall be paid
using funds of the Graduate School. Federal funds may not be
used to pay the costs.
SEC. 922. STUDENT INTERNSHIP PROGRAMS.
(a) Student Intern Subsistence Program.--
(1) Definition of student intern.--In this subsection, the
term ``student intern'' means a person who--
(A) is employed by the Department of Agriculture (referred
to in this section as the ``Department'') to assist
scientific, professional, administrative, or technical
employees of the Department; and
[[Page 741]]
(B) is a student in good standing at an institution of
higher education (as defined in section 1201 of the Higher
Education Act of 1965 (20 U.S.C. 1141)) pursuing a course of
study related to the field in which the person is employed by
the Department.
(2) Payment of certain expenses by the secretary.--The
Secretary of Agriculture (referred to in this section as the
``Secretary'') may, out of user fee funds or funds
appropriated to any agency of the Department, pay for lodging
expenses, subsistence expenses, and transportation expenses
of a student intern at the agency (including expenses of
transportation to and from the student intern's residence at
or near the institution of higher education attended by the
student intern and the official duty station at which the
student intern is employed).
(b) Cooperation With Associations of Colleges and
Universities.--
(1) Authority to cooperate.--Notwithstanding chapter 63 of
title 31, United States Code, the Secretary may enter into
cooperative agreements on an annual basis with 1 or more
associations of institutions of higher education (as defined
in section 1201 of the Higher Education Act of 1965 (20
U.S.C. 1141)) for the purpose of providing for Department
participation in internship programs for graduate and
undergraduate students who are selected by the associations
from students attending member institutions of the
associations and other institutions of higher education.
(2) Internship program.--An internship program supported
under this subsection (referred to in this subsection as an
``internship program'') shall provide work assignments for
students within the Department and such other activities as
the association that enters into the cooperative agreement
under paragraph (1) with respect to the internship program
(referred to in this subsection as the ``cooperating
association'') and the Secretary shall determine. The nature
of Department participation in an internship program shall be
developed jointly by the Secretary and the cooperating
association.
(3) Program coordination.--The cooperating association
shall coordinate an internship program, including--
(A) the recruitment of students;
(B) arrangements for travel of the students to Washington,
District of Columbia, and to agency field locations;
(C) the provision of housing for students, if required; and
(D) all activities for the students that take place outside
the Department work assignments of the students.
(4) Number and selection of students.--
(A) Number.--A cooperative agreement entered into under
paragraph (1) shall specify the number of students that the
Department will host each year and a list of work assignments
to be provided for the students.
(B) Selection.--The cooperating association shall provide
the Department with a pool of student candidates meeting the
requirements for each work assignment identified by the
Secretary. Final selection of the students for Department
internship positions shall be made by the Secretary.
(5) Cost reimbursement.--From such amounts as the Secretary
determines are available each fiscal year for internship
programs, and subject to such regulations as the Secretary
may issue, the Secretary may reimburse a cooperating
association for the Department share of all direct and
indirect costs of an internship program, including student
stipends, transportation costs to the internship site, and
other costs of an internship program.
(6) Lead agency.--The Secretary may designate a lead agency
within the Department to carry out this subsection.
(7) Interagency agreements.--Agencies and offices within
the Department other than the lead agency--
(A) may enter into interagency agreements with the lead
agency to provide work assignments for students participating
in an internship program; and
(B) shall reimburse the lead agency for the direct and
indirect costs of each student assigned to the agency under
an internship program.
(8) Federal employee status.--A student who participates in
an internship program shall not be considered a Federal
employee, except for purposes of chapter 81 of title 5, and
chapter 171 of title 28, United States Code.
SEC. 923. CONVEYANCE OF EXCESS FEDERAL PERSONAL PROPERTY.
Notwithstanding any other provision of law, the Secretary
of Agriculture may--
(1) convey title to excess Federal personal property owned
by the Department of Agriculture, with or without monetary
compensation and for such purposes as are determined by the
Secretary, to--
(A) any of the 1994 Institutions (as defined in section 532
of the Equity in Educational Land-Grant Status Act of 1994
(Public Law 103-382; 7 U.S.C. 301 note));
(B) any Hispanic-serving institution (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))); and
(C) any college or university eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321 et seq.),
including Tuskegee University; and
(2) acquire from, exchange with, or dispose of personal
property to other Federal departments and agencies without
monetary compensation in furtherance of the purposes of this
section.
SEC. 924. CONVEYANCE OF LAND TO WHITE OAK CEMETERY.
(a) In General.--
(1) Release of interest.--After execution of the agreement
described in subsection (b), the Secretary of Agriculture
shall release the condition stated in the deed on the land
described in subsection (c) that the land be used for public
purposes, and that if the land is not so used, that the land
revert to the United States. The release shall be on the
condition that the land be used exclusively for cemetery
purposes, and that if the land is not so used, that the land
revert to the United States.
(2) Bankhead-jones farm tenant act.--Section 32(c) of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) shall not
apply to the release under paragraph (1).
(b) Agreement.--The Secretary of Agriculture shall make the
release under subsection (a) on execution by the Board of
Trustees of the University of Arkansas, in consideration of
the release, of an agreement, satisfactory to the Secretary
of Agriculture, that--
(1) the Board of Trustees will not sell, lease, exchange,
or otherwise dispose of the land described in subsection (c)
except to the White Oak Cemetery Association of Washington
County, Arkansas, or a successor organization, for exclusive
use for an expansion of the cemetery maintained by the
Association or successor organization; and
(2) the proceeds of such a disposition of the land will be
deposited and held in an account open to inspection by the
Secretary of Agriculture, and used, if withdrawn from the
account, for public purposes.
(c) Land Description.--The land described in this
subsection is the land conveyed to the Board of Trustees of
the University of Arkansas, with certain other land, by deed
dated November 18, 1953, comprising approximately 2.2 acres
located within property of the University of Arkansas in
Washington County, Arkansas, commonly known as the ``Savor
property'' and described as follows:
The part of Section 20, Township 17 north, range 31 west,
beginning at the north corner of the White Oak Cemetery and
the University of Arkansas Agricultural Experiment Station
farm at Washington County road #874, running west
approximately 330 feet, thence south approximately 135 feet,
thence southeast approximately 384 feet, thence north
approximately 330 feet to the point of beginning.
SEC. 925. SALE OF LAND BY THE UNIVERSITY OF ARKANSAS.
The Act of March 2, 1887 (commonly known as the ``Hatch Act
of 1887'') (7 U.S.C. 361a et seq.) shall not apply to the
sale by the University of Arkansas of the approximately
103.52 acres of land in Washington County, Arkansas, owned by
the University and commonly known as the ``Walker Tract'', if
the sale is made on the condition that all of the proceeds of
the sale are used for agricultural research facilities and
programs of the University of Arkansas.
SEC. 926. DESIGNATION OF DALE BUMPERS SMALL FARMS RESEARCH
CENTER.
(a) In General.--The small farms research facility of the
Agricultural Research Service located near Booneville,
Arkansas, shall be known and designated as the ``Dale Bumpers
Small Farms Research Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
research facility referred to in subsection (a) shall be
deemed to be a reference to the ``Dale Bumpers Small Farms
Research Center''.
SEC. 927. DEPARTMENT OF AGRICULTURE WASHINGTON AREA STRATEGIC
SPACE PLAN.
The Secretary of Agriculture may obligate not more than
$5,000,000, from funds appropriated for agriculture buildings
and facilities and rental payments, for the improvement of
State and local roads relating to the construction of an
office complex at the Beltsville Agriculture Research Center,
Maryland, as part of the implementation of the Department of
Agriculture Washington Area Strategic Space Plan.
SEC. 928. SEVERABILITY.
If any provision of this Act or the application thereof to
any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this Act
that can be given effect without regard to the invalid
provision or application, and to this end the provisions of
this Act are severable.
And the Senate agree to the same.
Pat Roberts,
Bill Emerson,
Steve Gunderson,
Thomas W. Ewing,
Bill Barrett,
Wayne Allard,
John Boehner,
Richard Pombo,
E de la Garza,
Charlie Rose,
Charlie Stenholm,
Gary Condit,
Managers on the Part of the House.
Richard G. Lugar,
Bob Dole,
Jesse Helms,
Thad Cochran,
Mitch McConnell,
Larry E. Craig,
Patrick Leahy,
Howell Heflin,
Managers on the Part of the Senate.
Pending consideration of the conference report,
On demand of Mr. VOLKMER, pursuant to clause 2, rule XXVIII,
[[Page 742]]
Ordered, That time for debate be equally divided among Messrs.
ROBERTS, de la GARZA, and VOLKMER.
When said conference report was considered.
After debate,
FRIDAY, MARCH 29 (LEGISLATIVE DAY OF MARCH 28), 1996
On motion of Mr. ROBERTS, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. OXLEY, announced that the yeas had it.
Mr. VOLKMER demanded a recorded vote on agreeing to said conference
report, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
318
<3-line {>
affirmative
Nays
89
para.37.30 [Roll No. 107]
AYES--318
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foley
Forbes
Franks (CT)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Maloney
Manton
Manzullo
Mascara
Matsui
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Mink
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Olver
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Royce
Rush
Salmon
Sanders
Sawyer
Schaefer
Schiff
Schumer
Scott
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Upton
Vucanovich
Waldholtz
Walker
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
NOES--89
Andrews
Baesler
Barrett (WI)
Becerra
Blute
Bonior
Borski
Brown (CA)
Cardin
Chabot
Clay
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dicks
Doggett
Dooley
Doyle
Engel
Fattah
Filner
Foglietta
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Gephardt
Goss
Green
Gutierrez
Hoke
Jackson (IL)
Jacobs
Johnson (SD)
Johnston
Kaptur
Kennedy (MA)
Kleczka
Levin
Lincoln
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Markey
Martini
McCarthy
McDermott
McKinney
Menendez
Miller (CA)
Miller (FL)
Minge
Moakley
Moran
Nadler
Oberstar
Obey
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (MN)
Pomeroy
Rivers
Roybal-Allard
Sabo
Sanford
Saxton
Scarborough
Sensenbrenner
Serrano
Skaggs
Stark
Taylor (MS)
Torkildsen
Traficant
Velazquez
Vento
Visclosky
Volkmer
Wamp
Waters
Williams
Zimmer
NOT VOTING--24
Beilenson
Bryant (TX)
Coleman
Collins (IL)
Eshoo
Fowler
Gibbons
Hayes
Lantos
Martinez
McNulty
Meehan
Neal
Ros-Lehtinen
Rose
Roukema
Schroeder
Smith (TX)
Smith (WA)
Stokes
Studds
Waxman
Weldon (PA)
Yates
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.37.31 enrolled bill and joint resolution signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill and joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 2969. An Act to eliminate the Board of Tea Experts by
repealing the Tea Importation Act of 1897.
H.J. Res. 168. Joint resolution waiving certain enrollment
requirements with respect to two bills of the 104th Congress.
para.37.32 senate enrolled bill signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 4. An Act to give the President line item veto authority
with respect to appropriations, new direct spending, and
limited tax benefits.
para.37.33 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. McNULTY, for today after 2:15 p.m. and balance of the week;
To Ms. ESHOO, for today after 8:30 p.m. and balance of the week; and
To Mrs. SMITH of Washington, for today;
And then,
para.37.34 adjournment
On motion of Mr. HAYWORTH, at 12 o'clock and 42 minutes a.m., Friday,
March 29 (legislative day of Thursday, March 28), 1996, the House
adjourned.
para.37.35 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 3055. A bill to amend section 326 of the
Higher Education Act of 1965 to permit continued
participation by Historically Black Graduate Professional
Schools in the grant program authorized by that section
(Rept. No. 104-504). Referred to the Committee of the Whole
House on the State of the Union.
Mr. GOODLING. Committee on Economic and Educational
Opportunities. H.R. 3049. A bill to amend section 1505 of the
Higher Education Act of 1965 to provide for the continuity of
the Board of Trustees of the Institute of American Indian and
Alaska Native Culture and Arts Development (Rept. No 104-
505). Referred to the Committee of the Whole House of the
State of the Union.
Mr. ARCHER: Committee on Ways and Means. H.R. 2337. A bill
to amend the Internal Revenue Code of 1986 to provide for
increased taxpayer protections; with an amendment (Rept. No.
104-506). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2501. A bill to
extend the deadline under the Federal Power Act applicable to
the construction of a hydroelectric project in Kentucky, and
for other purposes; with an amendment (Rept. No. 104-507).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2630. A bill to
extend the deadline for
[[Page 743]]
commencement of construction of a hydroelectric project in
the State of Illinois; with an amendment (Rept. No. 104-508).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2695. A bill to
extend the deadline under the Federal Power Act applicable to
the construction of certain hydroelectric projects in the
State of Pennsylvania; with an amendment (Rept. No. 104-509).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2773. A bill to
extend the deadline under the Federal Power Act applicable to
the construction of 2 hydroelectric projects in North
Carolina, and for other purposes; with an amendment (Rept.
No. 104-510). Referred to the Committee of the Whole House on
the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2816. A bill to
reinstate the license for, and extend the deadline under the
Federal Power Act applicable to the construction of, a
hydroelectric project in Ohio, and for other purposes (Rept.
No. 104-511). Referred to the Committee of the Whole House on
the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2869. A bill to
extend the deadline for commencement of construction of a
hydroelectric project in the State of Kentucky; with an
amendment (Rept. No. 104-512). Referred to the Committee of
the Whole House on the State of the Union.
para.37.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FROST:
H.R. 3180. A bill to increase penalties for sex offenses
against children; to the Committee on the Judiciary.
By Ms. ESHOO:
H.R. 3181. A bill to prohibit providers of cellular and
other mobile radio services from blocking access to 911
emergency services; to the Committee on Commerce.
By Mr. EWING (for himself, Mr. Poshard, Mr. Weller, Mr.
LaHood, and Mr. Emerson):
H.R. 3182. A bill to amend title 49, United States Code,
relating to alcohol and controlled substances testing of
operators of motor vehicles used to transport agricultural
commodities and property for small local governments; to the
Committee on Transportation and Infrastructure.
By Mr. MONTGOMERY:
H.R. 3183. A bill to amend title 38, United States Code, to
limit the amount of recoupment from veterans' disability
compensation that is required in the case of veterans who
have received certain separation payments from the Department
of Defense; to the Committee on Veterans' Affairs.
By Mr. HORN (for himself, Mr. Clinger, Mr. Davis, Mrs.
Maloney, and Mr. Peterson of Minnesota):
H.R. 3184. A bill to streamline and improve the
effectiveness of chapter 75 of title 31, United States Code--
commonly referred to as the Single Audit Act; to the
Committee on Government Reform and Oversight.
By Mr. DINGELL (for himself, Mr. Bentsen, and Mr.
Spratt):
H.R. 3185. A bill to provide increased access to health
care benefits, to provide increased portability of health
care benefits, to provide increased security of health care
benefits, to increase the purchasing power of individuals and
small employers, to increase the deduction for health
insurance costs of self-employed individuals, and for other
purposes; to the Committee on Ways and Means, and in addition
to the Committees on Commerce, and Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CLAY:
H.R. 3186. A bill to designate the Federal building located
at 1655 Woodson Road in Overland, MO, as the ``Sammy L. Davis
Federal Building''; to the Committee on Transportation and
Infrastructure.
By Mr. CLYBURN:
H.R. 3187. A bill to amend title 49, United States Code, to
provide protection for airline employees who provide certain
air safety information; to the Committee on Transportation
and Infrastructure.
By Mr. COMBEST:
H.R. 3188. A bill to amend title 49, United States Code, to
limit the applicability of hazardous material transportation
registration and fee requirements for persons who offer crude
oil and condensate for transport in commerce, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. DAVIS (for himself, Mr. English of Pennsylvania,
and Mr. Moran):
H.R. 3189. A bill to delay the privatization of the Office
of Federal Investigations of the Office of Personnel
Management in order to allow sufficient time for a thorough
review to be conducted as to the feasibility and desirability
of any such privatization, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. FRANKS of Connecticut:
H.R. 3190. A bill to prohibit Federal agencies to require
or encourage preferences based on race, sex, or ethnic
origin, in connection with Federal contracts; to the
Committee on Government Reform and Oversight.
By Mr. KLINK:
H.R. 3191. A bill to authorize a program of grants to
improve the quality of technical education in manufacturing
and other vocational technologies; to the Committee on
Economic and Educational Opportunities.
By Mr. MOORHEAD:
H.R. 3192. A bill to make amendments to section 119 of
title 17 of the United States Code; to the Committee on the
Judiciary.
By Ms. PELOSI:
H.R. 3193. A bill to recognize the significance of the AIDS
Memorial Grove, located in Golden Gate Park in San Francisco,
CA, and to direct the Secretary of the Interior to designate
the AIDS Memorial Grove as a national memorial; to the
Committee on Resources.
By Mr. PICKETT:
H.R. 3194. A bill to provide that the property of innocent
owners is not subject to forfeiture under the laws of the
United States; to the Committee on the Judiciary.
By Mr. SANFORD (for himself, Mr. Brewster, and Mr.
Largent):
H.R. 3195. A bill to amend title 23, United States Code, to
modify the minimum allocation formula under the Federal-aid
highway program, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. SHAYS:
H.R. 3196. A bill to increase the penalty for trafficking
in powdered cocaine to the same level as the penalty for
trafficking in crack cocaine, and for other purposes; to the
Committee on the Judiciary, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BARTON of Texas (for himself, Mr. Pete Geren of
Texas, Mr. Archer, Mr. Shadegg, and Mr. Hall of
Texas):
H.J. Res. 169. Joint resolution proposing an amendment to
the Constitution of the United States relating to taxes; to
the Committee on the Judiciary.
para.37.37 private bills and resolutions
Under clause I of rule XXII,
Mr. PICKETT introduced a bill (H.R. 3197) for the relief of
Emma W. Todd; which was referred to the Committee on the
Judiciary.
para.37.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 244: Mr. Hoke.
H.R. 452: Mr. Inglis of South Carolina.
H.R. 580: Mr. Cox.
H.R. 894: Mr. Ackerman.
H.R. 895: Mr. Bonilla, Mr. Gene Green of Texas, Mr. Duncan,
Mr. Hoekstra, Mr. Neal of Massachusetts, Mr. Bono, Mr.
Cunningham, Mr. Stupak, Ms. Pryce, Mr. DeFazio, Mr.
Thornberry, and Mr. Visclosky.
H.R. 1044: Mrs. Myrick.
H.R. 1363: Mr. Bryant of Tennessee and Mr. Heineman.
H.R. 1496: Mr. Saxton.
H.R. 1560: Mr. Menendez and Mrs. Thurman.
H.R. 1619: Mr. Torres.
H.R. 1625: Mr. Quillen.
H.R. 1627: Mrs. Roukema.
H.R. 1755: Mr. Camp and Mr. Barcia of Michigan.
H.R. 1893: Mr. Rahall, Mr. Evans, Mr. Ehrlich, and Ms.
DeLauro.
H.R. 1963: Mr. Hilliard.
H.R. 2089: Mr. White, Mr. McDermott, Mr. Dicks, and Mr.
Peterson of Minnesota.
H.R. 2200: Mr. Zeliff, Mr. Bonior, Mr. Hostettler, and Mr.
Montgomery.
H.R. 2240: Mr. Reed.
H.R. 2320: Mr. Martini, Mr. McKeon, Mr. English of
Pennsylvania, Mr. Nussle, Mr. Matsui, Mr. Thomas, and Mr.
Manton.
H.R. 2471: Mr. Barrett of Wisconsin.
H.R. 2508: Mr. Kildee, Mr. Livingston, Mr. Barr, Mr.
Callahan, Mr. Canady, and Mr. Wise.
H.R. 2531: Mr. Weller and Mr. Schaefer.
H.R. 2566: Mr. Kleczka.
H.R. 2579: Mr. Sawyer, Mr. Burr, and Mr. White.
H.R. 2651: Mr. Bilirakis, Mr. McHale, and Mr. Solomon.
H.R. 2697: Mr. Gutierrez and Mr. Abercrombie.
H.R. 2745: Mr. Kasich.
H.R. 2820: Mr. Collins of Georgia, Mr. Laughlin, Mr.
Talent, and Mr. McCrery.
H.R. 2864: Mr. Vento.
H.R. 2892: Mr. Clement, Mr. Calvert, Mr. Olver, Mr.
Abercrombie, Mr. Baker of Louisiana, and Mr. Lipinski.
H.R. 2912: Mr. Kleczka, Mr. Hilliard, Mr. Rahall, Mrs.
Thurman, and Mr. Kildee.
H.R. 2925: Mr. Bonilla.
H.R. 2928: Mr. Metcalf, Mr. Weller, and Mr. Coburn.
H.R. 2930: Mr. Watts of Oklahoma.
H.R. 2938: Mr. Durbin, Mr. Ehlers, Mr. Smith of New Jersey,
Mrs. Johnson of Connecticut, and Mr. Bilbray.
H.R. 2959: Mr. Leach.
H.R. 3011: Mr. Tate Mr. McIntosh, and Mr. Frank,
Massachusetts.
H.R. 3067: Mr. Condit, Mr. Manton, Mrs. Thurman, and Ms.
Danner.
H.R. 3095: Mr. Kolbe.
H.R. 3142: Mr. Stearns, Mrs. Seastrand, Mr. Sawyer, Mr.
Gordon, Mr. Cox, Mr. Dornan, Mr. Farr, Mr. Oberstar, and Mrs.
Smith of Washington.
[[Page 744]]
H.R. 3159: Ms. Brown of Florida.
H.J. Res. 70: Mr. Tejeda, Mr. Berman, and Mr. Sanders.
H. Con. Res. 26: Ms. Molinari.
H. Con. Res. 47: Mr. Hunter.
H. Con. Res. 152: Mr. Nethercutt, Mr. Ortiz, Mr. McHugh,
Mr. Bonilla, and Mr. Stupak.
H. Con. Res. 155: Mr. Payne of New Jersey, Mrs. Clayton,
and Mr. Gilman.
H. Res. 123: Mr. Rahall,Mr. Packard, and Mr. Dornan.
H. Res. 285: Mr. Bonior.
H. Res. 359: Mr. Frazer, Ms. Molinari, Mr. Andrews, Mrs.
Kennelly, Mrs. Meek of Florida, Mr. Vento, and Mr. McInnis.
H. Res. 381: Mr. DeFazio, Mr. Kennedy of Rhode Island, Mr.
Underwood, Mrs. Seastrand, Mr. Horn, and Mr. Stockman.
H. Res. 385: Mrs. Morella, Mr. Rangel, and Mr. Orton.
.
FRIDAY, MARCH 29, 1996 (38)
para.38.1 designation of speaker pro tempore
The House was called to order by the Speaker pro tempore, Mr.
GUNDERSON, who laid before the House the following communication:
Washington, DC,
March 29, 1996.
I hereby designate the Honorable Steve Gunderson to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.38.2 approval of the journal
The SPEAKER pro tempore, Mr. GUNDERSON, announced he had examined and
approved the Journal of the proceedings of Thursday, March 28, 1996.
Mr. GREEN, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that the yeas had
it.
Mr. GREEN objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. GUNDERSON, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.38.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2316. A letter from the Director, Test, Systems Engineering
and Evaluations, Department of Defense, transmitting a letter
notifying Congress of the intent to obligate funds for fiscal
year 1996 Foreign Comparative Testing [FCT] Program, pursuant
to 10 U.S.C. 2350a(g); to the Committee on National Security.
2317. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 11th monthly report as required by
the Mexican Debt Disclosure Act, pursuant to Public Law 104-
6, section 404(a) (109 Stat. 90); to the Committee on Banking
and Financial Services.
2318. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Turkey (Transmittal No.
16-96), pursuant to 22 U.S.C. 2796a(a); to the Committee on
International Relations.
2319. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-238,
``Retirement Reform Temporary Amendment Act of 1996,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
2320. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-233,
``Insurance Demutualization Act of 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
2321. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-238,
``Insurance Redomestication Act of 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
2322. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-237, ``Safe
Streets Anti-Prostitution Amendment Act of 1996,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2323. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-236, ``Human
Remains Decisions Amendment Act of 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
2324. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-232,
``Anatomical Gift Amendment Act of 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
2325. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-231,
``Learner's Permit Amendment Act 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
2326. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-230,
``Insurance Industry Material Transactions Disclosure Act of
1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2327. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-229, ``Merit
Personnel Early Out Retirement Revisions Amendment Act of
1996,'' pursuant to D.C. Code, Section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2328. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-228,
``Insurance Confidentiality of Information Act of 1996,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
2329. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-227, ``Henry
J. Daly Building Designation Act of 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
2330. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-235,
``Insurance State of Entry Act of Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2331. A letter from the Secretary of Veterans Affairs
transmitting a report of activities under the Freedom of
Information Act for the calendar year 1995, pursuant to 5
U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2332. A letter from the Chairman, Federal Election
Commission, transmitting proposed FEC form 5, the form to be
used by persons other than political committees to report
independent expenditures, pursuant to 2 U.S.C. 438(d); to the
Committee on House Oversight.
2333. A letter from the Administrator, Federal Aviation
Administration, transmitting a copy of the updated aviation
system capital investment plan [CIP], pursuant to 49 U.S.C.
app. 2203(b)(1); to the Committee on Transportation and
Infrastructure.
2334. A letter from the Chairman, Federal Election
Commission, transmitting the Commission's fiscal year 1997
budget request justification and its fiscal year 1996
supplemental appropriation request, pursuant to 2 U.S.C.
437d(d)(1); jointly, to the Committees on Appropriations and
House Oversight.
para.38.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 1561), an act to consolidate the foreign
affairs agencies of the United States; to authorize appropriations for
the Department of State and related agencies for fiscal years 1996 and
1997; to responsibly reduce the authorizations of appropriations for
U.S. foreign assistance programs for fiscal years 1996 and 1997, and for
other purposes.
para.38.5 order of business--consideration of h.j. res. 170
On motion of Mr. LIVINGSTON, by unanimous consent,
Ordered, That the Committee on Appropriations be discharged from
further consideration of the joint resolution (H.J. Res. 170) making
further continuing appropriations for the fiscal year 1996, and for
other purposes, when said joint resolution is called up; and
Ordered further, That it be in order at any time to consider the joint
resolution in the House; that the joint resolution be debatable for not
to exceed one hour, to be equally divided and controlled by Mr.
Livingston and Mr. Obey; that all points of order against the joint
resolution and against its consideration be waived; and that the
previous question be considered as ordered on the joint resolution to
final passage without intervening motion, except one motion to recommit,
with or without instructions.
para.38.6 waiving points of order against the conference report on h.r.
956
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 394):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 956) to establish legal standards and procedures
for product liability litigation, and for other purposes. All
points of order against the conference report and against its
consideration are waived.
[[Page 745]]
When said resolution was considered.
After debate,
Mr. LINDER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that the yeas had
it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
237
When there appeared
<3-line {>
Nays
173
para.38.7 [Roll No. 108]
YEAS--237
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
Zimmer
NAYS--173
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gibbons
Gonzalez
Green
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--21
Bryant (TX)
Collins (IL)
Coyne
de la Garza
Eshoo
Fields (TX)
Ford
Fowler
Gephardt
Goodling
Gutierrez
Hayes
McNulty
Serrano
Smith (TX)
Stokes
Torres
Velazquez
Weldon (PA)
Williams
Young (AK)
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that the yeas had
it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.38.8 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. GUNDERSON, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Thursday, March 28, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that the yeas had
it.
Mr. VOLKMER demanded a recorded vote on agreeing to the Chair's
approval of the Journal, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
323
It was decided in the
Nays
83
<3-line {>
affirmative
Answered present
1
para.38.9 [Roll No. 109]
AYES--323
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Dellums
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Flake
Flanagan
Foglietta
Foley
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
McCarthy
[[Page 746]]
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torricelli
Traficant
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Young (FL)
Zeliff
NOES--83
Abercrombie
Baldacci
Becerra
Bonior
Borski
Brown (CA)
Brown (FL)
Clay
Clayton
Coleman
Collins (MI)
DeFazio
Deutsch
Dingell
Durbin
Edwards
Engel
Fazio
Filner
Frost
Gephardt
Gibbons
Gillmor
Green
Gutknecht
Hall (OH)
Hastings (FL)
Hefley
Hilliard
Hinchey
Jacobs
Johnson, E. B.
Johnston
Kennedy (RI)
Kildee
LaFalce
Levin
Lewis (GA)
Markey
Matsui
McDermott
McHale
Meek
Menendez
Miller (CA)
Mink
Nadler
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Peterson (MN)
Pickett
Pombo
Richardson
Rush
Sabo
Sawyer
Schroeder
Scott
Skaggs
Slaughter
Spratt
Stark
Studds
Taylor (MS)
Thompson
Thurman
Torkildsen
Towns
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Wise
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--24
Bryant (TX)
Collins (IL)
de la Garza
Doggett
Eshoo
Fields (TX)
Ford
Fowler
Goodling
Gutierrez
Hayes
Kolbe
McNulty
Pelosi
Sanders
Seastrand
Serrano
Smith (TX)
Stokes
Torres
Velazquez
Weldon (PA)
Williams
Young (AK)
So the Journal was approved.
para.38.10 providing for the consideration of h.j. res. 159
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-513) the resolution (H. Res. 395) providing for the consideration of
the joint resolution (H.J. Res. 159) proposing an amendment to the
Constitution of the United States to require two-thirds majorities for
bills increasing taxes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.38.11 providing for the consideration of h.r. 842
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-514) the resolution (H. Res. 396) providing for the consideration of
the bill (H.R. 842) to provide off-budget treatment for the Highway
Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways
Trust Funds, and the Harbor Maintenance Trust Fund.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.38.12 product liability reform
Mr. HYDE, pursuant to House Resolution 394, called up the following
conference report (Rept. No. 104-481):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
956), to establish legal standards and procedures for product
liability litigation, and for other purposes, having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Common
Sense Product Liability Legal Reform Act of 1996''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
TITLE I--PRODUCT LIABILITY REFORM
Sec. 101. Definitions.
Sec. 102. Applicability; preemption.
Sec. 103. Liability rules applicable to product sellers, renters, and
lessors.
Sec. 104. Defense based on claimant's use of intoxicating alcohol or
drugs.
Sec. 105. Misuse or alteration.
Sec. 106. Uniform time limitations on liability.
Sec. 107. Alternative dispute resolution procedures.
Sec. 108. Uniform standards for award of punitive damages.
Sec. 109. Liability for certain claims relating to death.
Sec. 110. Several liability for noneconomic loss.
Sec. 111. Workers' compensation subrogation.
TITLE II--BIOMATERIALS ACCESS ASSURANCE
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. General requirements; applicability; preemption.
Sec. 205. Liability of biomaterials suppliers.
Sec. 206. Procedures for dismissal of civil actions against
biomaterials suppliers.
TITLE III--LIMITATIONS ON APPLICABILITY; EFFECTIVE DATE
Sec. 301. Effect of court of appeals decisions.
Sec. 302. Federal cause of action precluded.
Sec. 303. Effective date.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) our Nation is overly litigious, the civil justice
system is overcrowded, sluggish, and excessively costly and
the costs of lawsuits, both direct and indirect, are
inflicting serious and unnecessary injury on the national
economy;
(2) excessive, unpredictable, and often arbitrary damage
awards and unfair allocations of liability have a direct and
undesirable effect on interstate commerce by increasing the
cost and decreasing the availability of goods and services;
(3) the rules of law governing product liability actions,
damage awards, and allocations of liability have evolved
inconsistently within and among the States, resulting in a
complex, contradictory, and uncertain regime that is
inequitable to both plaintiffs and defendants and unduly
burdens interstate commerce;
(4) as a result of excessive, unpredictable, and often
arbitrary damage awards and unfair allocations of liability,
consumers have been adversely affected through the withdrawal
of products, producers, services, and service providers from
the marketplace, and from excessive liability costs passed on
to them through higher prices;
(5) excessive, unpredictable, and often arbitrary damage
awards and unfair allocations of liability jeopardize the
financial well-being of many individuals as well as entire
industries, particularly the Nation's small businesses and
adversely affects government and taxpayers;
(6) the excessive costs of the civil justice system
undermine the ability of American companies to compete
internationally, and serve to decrease the number of jobs and
the amount of productive capital in the national economy;
(7) the unpredictability of damage awards is inequitable to
both plaintiffs and defendants and has added considerably to
the high cost of liability insurance, making it difficult for
producers, consumers, volunteers, and nonprofit organizations
to protect themselves from liability with any degree of
confidence and at a reasonable cost;
(8) because of the national scope of the problems created
by the defects in the civil justice system, it is not
possible for the States to enact laws that fully and
effectively respond to those problems;
(9) it is the constitutional role of the national
government to remove barriers to interstate commerce and to
protect due process rights; and
(10) there is a need to restore rationality, certainty, and
fairness to the civil justice system in order to protect
against excessive, arbitrary, and uncertain damage awards and
to reduce the volume, costs, and delay of litigation.
(b) Purposes.--Based upon the powers contained in Article
I, Section 8, Clause 3 and the Fourteenth Amendment of the
United States Constitution, the purposes of this Act are to
promote the free flow of goods and services and to lessen
burdens on interstate commerce and to uphold constitutionally
protected due process rights by--
(1) establishing certain uniform legal principles of
product liability which provide a fair balance among the
interests of product users, manufacturers, and product
sellers;
(2) placing reasonable limits on damages over and above the
actual damages suffered by a claimant;
(3) ensuring the fair allocation of liability in civil
actions;
(4) reducing the unacceptable costs and delays of our civil
justice system caused by excessive litigation which harm both
plaintiffs and defendants; and
[[Page 747]]
(5) establishing greater fairness, rationality, and
predictability in the civil justice system.
TITLE I--PRODUCT LIABILITY REFORM
SEC. 101. DEFINITIONS.
For purposes of this title--
(1) Actual malice.--The term ``actual malice'' means
specific intent to cause serious physical injury, illness,
disease, death, or damage to property.
(2) Claimant.--The term ``claimant'' means any person who
brings an action covered by this title and any person on
whose behalf such an action is brought. If such an action is
brought through or on behalf of an estate, the term includes
the claimant's decedent. If such an action is brought through
or on behalf of a minor or incompetent, the term includes the
claimant's legal guardian.
(3) Claimant's benefits.--The term ``claimant's benefits''
means the amount paid to an employee as workers' compensation
benefits.
(4) Clear and convincing evidence.--The term ``clear and
convincing evidence'' is that measure or degree of proof that
will produce in the mind of the trier of fact a firm belief
or conviction as to the truth of the allegations sought to be
established. The level of proof required to satisfy such
standard is more than that required under preponderance of
the evidence, but less than that required for proof beyond a
reasonable doubt.
(5) Commercial loss.--The term ``commercial loss'' means
any loss or damage solely to a product itself, loss relating
to a dispute over its value, or consequential economic loss,
the recovery of which is governed by the Uniform Commercial
Code or analogous State commercial or contract law.
(6) Compensatory damages.--The term ``compensatory
damages'' means damages awarded for economic and non-economic
loss.
(7) Durable good.--The term ``durable good'' means any
product, or any component of any such product, which has a
normal life expectancy of 3 or more years, or is of a
character subject to allowance for depreciation under the
Internal Revenue Code of 1986 and which is--
(A) used in a trade or business;
(B) held for the production of income; or
(C) sold or donated to a governmental or private entity for
the production of goods, training, demonstration, or any
other similar purpose.
(8) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment
opportunities) to the extent recovery for such loss is
allowed under applicable State law.
(9) Harm.--The term ``harm'' means any physical injury,
illness, disease, or death or damage to property caused by a
product. The term does not include commercial loss.
(10) Insurer.--The term ``insurer'' means the employer of a
claimant if the employer is self-insured or if the employer
is not self-insured, the workers' compensation insurer of the
employer.
(11) Manufacturer.--The term ``manufacturer'' means--
(A) any person who is engaged in a business to produce,
create, make, or construct any product (or component part of
a product) and who (i) designs or formulates the product (or
component part of the product), or (ii) has engaged another
person to design or formulate the product (or component part
of the product);
(B) a product seller, but only with respect to those
aspects of a product (or component part of a product) which
are created or affected when, before placing the product in
the stream of commerce, the product seller produces, creates,
makes or constructs and designs, or formulates, or has
engaged another person to design or formulate, an aspect of
the product (or component part of the product) made by
another person; or
(C) any product seller not described in subparagraph (B)
which holds itself out as a manufacturer to the user of the
product.
(12) Noneconomic loss.--The term ``noneconomic loss'' means
subjective, nonmonetary loss resulting from harm, including
pain, suffering, inconvenience, mental suffering, emotional
distress, loss of society and companionship, loss of
consortium, injury to reputation, and humiliation.
(13) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership,
society, joint stock company, or any other entity (including
any governmental entity).
(14) Product.--
(A) In general.--The term ``product'' means any object,
substance, mixture, or raw material in a gaseous, liquid, or
solid state which--
(i) is capable of delivery itself or as an assembled whole,
in a mixed or combined state, or as a component part or
ingredient;
(ii) is produced for introduction into trade or commerce;
(iii) has intrinsic economic value; and
(iv) is intended for sale or lease to persons for
commercial or personal use.
(B) Exclusion.--The term does not include--
(i) tissue, organs, blood, and blood products used for
therapeutic or medical purposes, except to the extent that
such tissue, organs, blood, and blood products (or the
provision thereof) are subject, under applicable State law,
to a standard of liability other than negligence; or
(ii) electricity, water delivered by a utility, natural
gas, or steam except to the extent that electricity, water
delivered by a utility, natural gas, or steam, is subject,
under applicable State law, to a standard of liability other
than negligence.
(15) Product liability action.--The term ``product
liability action'' means a civil action brought on any theory
for harm caused by a product.
(16) Product seller.--
(A) In general.--The term ``product seller'' means a person
who in the course of a business conducted for that purpose--
(i) sells, distributes, rents, leases, prepares, blends,
packages, labels, or otherwise is involved in placing a
product in the stream of commerce; or
(ii) installs, repairs, refurbishes, reconditions, or
maintains the harm-causing aspect of the product.
(B) Exclusion.--The term ``product seller'' does not
include--
(i) a seller or lessor of real property;
(ii) a provider of professional services in any case in
which the sale or use of a product is incidental to the
transaction and the essence of the transaction is the
furnishing of judgment, skill, or services; or
(iii) any person who--
(I) acts in only a financial capacity with respect to the
sale of a product; or
(II) leases a product under a lease arrangement in which
the lessor does not initially select the leased product and
does not during the lease term ordinarily control the daily
operations and maintenance of the product.
(17) Punitive damages.--The term ``punitive damages'' means
damages awarded against any person or entity to punish or
deter such person or entity, or others, from engaging in
similar behavior in the future.
(18) State.--The term ``State'' means any State of the
United States, the District of Columbia, Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, and any other territory or
possession of the United States or any political subdivision
of any of the foregoing.
SEC. 102. APPLICABILITY; PREEMPTION.
(a) Preemption.--
(1) In general.--This Act governs any product liability
action brought in any State or Federal court on any theory
for harm caused by a product.
(2) Actions excluded.--A civil action brought for
commercial loss shall be governed only by applicable
commercial or contract law.
(b) Relationship to State Law.--This title supersedes State
law only to the extent that State law applies to an issue
covered by this title. Any issue that is not governed by this
title, including any standard of liability applicable to a
manufacturer, shall be governed by otherwise applicable State
or Federal law.
(c) Effect on Other Law.--Nothing in this Act shall be
construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any law;
(2) supersede or alter any Federal law;
(3) waive or affect any defense of sovereign immunity
asserted by the United States;
(4) affect the applicability of any provision of chapter 97
of title 28, United States Code;
(5) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation;
(6) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum; or
(7) supersede or modify any statutory or common law,
including any law providing for an action to abate a
nuisance, that authorizes a person to institute an action for
civil damages or civil penalties, cleanup costs, injunctions,
restitution, cost recovery, punitive damages, or any other
form of relief for remediation of the environment (as defined
in section 101(8) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(8)).
SEC. 103. LIABILITY RULES APPLICABLE TO PRODUCT SELLERS,
RENTERS, AND LESSORS.
(a) General Rule.--
(1) In general.--In any product liability action, a product
seller other than a manufacturer shall be liable to a
claimant only if the claimant establishes--
(A) that--
(i) the product that allegedly caused the harm that is the
subject of the complaint was sold, rented, or leased by the
product seller;
(ii) the product seller failed to exercise reasonable care
with respect to the product; and
(iii) the failure to exercise reasonable care was a
proximate cause of harm to the claimant;
(B) that--
(i) the product seller made an express warranty applicable
to the product that allegedly caused the harm that is the
subject of the complaint, independent of any express warranty
made by a manufacturer as to the same product;
(ii) the product failed to conform to the warranty; and
(iii) the failure of the product to conform to the warranty
caused harm to the claimant; or
(C) that--
(i) the product seller engaged in intentional wrongdoing,
as determined under applicable State law; and
[[Page 748]]
(ii) such intentional wrongdoing was a proximate cause of
the harm that is the subject of the complaint.
(2) Reasonable opportunity for inspection.--For purposes of
paragraph (1)(A)(ii), a product seller shall not be
considered to have failed to exercise reasonable care with
respect to a product based upon an alleged failure to inspect
the product--
(A) if the failure occurred because there was no reasonable
opportunity to inspect the product; or
(B) if the inspection, in the exercise of reasonable care,
would not have revealed the aspect of the product which
allegedly caused the claimant's harm.
(b) Special Rule.--
(1) In general.--A product seller shall be deemed to be
liable as a manufacturer of a product for harm caused by the
product if--
(A) the manufacturer is not subject to service of process
under the laws of any State in which the action may be
brought; or
(B) the court determines that the claimant would be unable
to enforce a judgment against the manufacturer.
(2) Statute of limitations.--For purposes of this
subsection only, the statute of limitations applicable to
claims asserting liability of a product seller as a
manufacturer shall be tolled from the date of the filing of a
complaint against the manufacturer to the date that judgment
is entered against the manufacturer.
(c) Rented or Leased Products.--
(1) Notwithstanding any other provision of law, any person
engaged in the business of renting or leasing a product
(other than a person excluded from the definition of product
seller under section 101(16)(B)) shall be subject to
liability in a product liability action under subsection (a),
but any person engaged in the business of renting or leasing
a product shall not be liable to a claimant for the tortious
act of another solely by reason of ownership of such product.
(2) For purposes of paragraph (1), and for determining the
applicability of this title to any person subject to
paragraph (1), the term ``product liability action'' means a
civil action brought on any theory for harm caused by a
product or product use.
(d) Actions for Negligent Entrustment.--A civil action for
negligent entrustment shall not be subject to the provisions
of this section, but shall be subject to any applicable State
law.
SEC. 104. DEFENSE BASED ON CLAIMANT'S USE OF INTOXICATING
ALCOHOL OR DRUGS.
(a) General Rule.--In any product liability action, it
shall be a complete defense to such action if--
(1) the claimant was intoxicated or was under the influence
of intoxicating alcohol or any drug when the accident or
other event which resulted in such claimant's harm occurred;
and
(2) the claimant, as a result of the influence of the
alcohol or drug, was more than 50 percent responsible for
such accident or other event.
(b) Construction.--For purposes of subsection (a)--
(1) the determination of whether a person was intoxicated
or was under the influence of intoxicating alcohol or any
drug shall be made pursuant to applicable State law; and
(2) the term ``drug'' means any controlled substance as
defined in the Controlled Substances Act (21 U.S.C. 802(6))
that was not legally prescribed for use by the claimant or
that was taken by the claimant other than in accordance with
the terms of a lawfully issued prescription.
SEC. 105. MISUSE OR ALTERATION.
(a) General Rule.--
(1) In general.--In a product liability action, the damages
for which a defendant is otherwise liable under Federal or
State law shall be reduced by the percentage of
responsibility for the claimant's harm attributable to misuse
or alteration of a product by any person if the defendant
establishes that such percentage of the claimant's harm was
proximately caused by a use or alteration of a product--
(A) in violation of, or contrary to, a defendant's express
warnings or instructions if the warnings or instructions are
adequate as determined pursuant to applicable State law; or
(B) involving a risk of harm which was known or should have
been known by the ordinary person who uses or consumes the
product with the knowledge common to the class of persons who
used or would be reasonably anticipated to use the product.
(2) Use intended by a manufacturer is not misuse or
alteration.--For the purposes of this Act, a use of a product
that is intended by the manufacturer of the product does not
constitute a misuse or alteration of the product.
(b) Workplace Injury.--Notwithstanding subsection (a), and
except as otherwise provided in section 111, the damages for
which a defendant is otherwise liable under State law shall
not be reduced by the percentage of responsibility for the
claimant's harm attributable to misuse or alteration of the
product by the claimant's employer or any coemployee who is
immune from suit by the claimant pursuant to the State law
applicable to workplace injuries.
SEC. 106. UNIFORM TIME LIMITATIONS ON LIABILITY.
(a) Statute of Limitations.--
(1) In general.--Except as provided in paragraph (2) and
subsection (b), a product liability action may be filed not
later than 2 years after the date on which the claimant
discovered or, in the exercise of reasonable care, should
have discovered--
(A) the harm that is the subject of the action; and
(B) the cause of the harm.
(2) Exception.--A person with a legal disability (as
determined under applicable law) may file a product liability
action not later than 2 years after the date on which the
person ceases to have the legal disability.
(b) Statute of Repose.--
(1) In general.--Subject to paragraphs (2) and (3), no
product liability action that is subject to this Act
concerning a product, that is a durable good, alleged to have
caused harm (other than toxic harm) may be filed after the
15-year period beginning at the time of delivery of the
product to the first purchaser or lessee.
(2) State law.--Notwithstanding paragraph (1), if pursuant
to an applicable State law, an action described in such
paragraph is required to be filed during a period that is
shorter than the 15-year period specified in such paragraph,
the State law shall apply with respect to such period.
(3) Exceptions.--
(A) A motor vehicle, vessel, aircraft, or train, that is
used primarily to transport passengers for hire, shall not be
subject to this subsection.
(B) Paragraph (1) does not bar a product liability action
against a defendant who made an express warranty in writing
as to the safety or life expectancy of the specific product
involved which was longer than 15 years, but it will apply at
the expiration of that warranty.
(C) Paragraph (1) does not affect the limitations period
established by the General Aviation Revitalization Act of
1994 (49 U.S.C. 40101 note).
(c) Transitional Provision Relating to Extension of Period
for Bringing Certain Actions.--If any provision of subsection
(a) or (b) shortens the period during which a product
liability action could be otherwise brought pursuant to
another provision of law, the claimant may, notwithstanding
subsections (a) and (b), bring the product liability action
not later than 1 year after the date of enactment of this
Act.
SEC. 107. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) Service of Offer.--A claimant or a defendant in a
product liability action may, not later than 60 days after
the service of--
(1) the initial complaint; or
(2) the applicable deadline for a responsive pleading;
whichever is later, serve upon an adverse party an offer to
proceed pursuant to any voluntary, nonbinding alternative
dispute resolution procedure established or recognized under
the law of the State in which the product liability action is
brought or under the rules of the court in which such action
is maintained.
(b) Written Notice of Acceptance or Rejection.--Except as
provided in subsection (c), not later than 10 days after the
service of an offer to proceed under subsection (a), an
offeree shall file a written notice of acceptance or
rejection of the offer.
(c) Extension.--The court may, upon motion by an offeree
made prior to the expiration of the 10-day period specified
in subsection (b), extend the period for filling a written
notice under such subsection for a period of not more than 60
days after the date of expiration of the period specified in
subsection (b). Discovery may be permitted during such
period.
SEC. 108. UNIFORM STANDARDS FOR AWARD OF PUNITIVE DAMAGES.
(a) General Rule.--Punitive damages may, to the extent
permitted by applicable State law, be awarded against a
defendant if the claimant establishes by clear and convincing
evidence that conduct carried out by the defendant with a
conscious, flagrant indifference to the rights or safety of
others was the proximate cause of the harm that is the
subject of the action in any product liability action.
(b) Limitation on Amount.--
(1) In general.--The amount of punitive damages that may be
awarded in an action described in subsection (a) may not
exceed the greater of--
(A) 2 times the sum of the amount awarded to the claimant
for economic loss and noneconomic loss; or
(B) $250,000.
(2) Special rule.--Notwithstanding paragraph (1), in any
action described in subsection (a) against an individual
whose net worth does not exceed $500,000 or against an owner
of an unincorporated business, or any partnership,
corporation, association, unit of local government, or
organization which has fewer that 25 full-time employees, the
punitive damages shall not exceed the lesser of--
(A) 2 times the sum of the amount awarded to the claimant
for economic loss and noneconomic loss; or
(B) $250,000.
For the purpose of determining the applicability of this
paragraph to a corporation, the number of employees of a
subsidiary or wholly-owned corporation shall include all
employees of a parent or sister corporation.
(3) Exception for insufficient award in cases of egregious
conduct.--
(A) Determination by court.--If the court makes a
determination, after considering each of the factors in
subparagraph (B), that the application of paragraph (1) would
result in an award of punitive damages that is insufficient
to punish the egregious conduct of the defendant against whom
the punitive damages are to be awarded or to deter such
conduct in the future, the court shall deter
[[Page 749]]
mine the additional amount of punitive damages (referred to
in this paragraph as the ``additional amount'') in excess of
the amount determined in accordance with paragraph (1) to be
awarded against the defendant in a separate proceeding in
accordance with this paragraph.
(B) Factors for consideration.--In any proceeding under
paragraph (A), the court shall consider--
(i) the extent to which the defendant acted with actual
malice;
(ii) the likelihood that serious harm would arise from the
conduct of the defendant;
(iii) the degree of the awareness of the defendant of that
likelihood;
(iv) the profitability of the misconduct to the defendant;
(v) the duration of the misconduct and any concurrent or
subsequent concealment of the conduct by the defendant;
(vi) the attitude and conduct of the defendant upon the
discovery of the misconduct and whether the misconduct has
terminated;
(vii) the financial condition of the defendant; and
(viii) the cumulative deterrent effect of other losses,
damages, and punishment suffered by the defendant as a result
of the misconduct, reducing the amount of punitive damages on
the basis of the economic impact and severity of all measures
to which the defendant has been or may be subjected,
including--
(I) compensatory and punitive damage awards to similarly
situated claimants;
(II) the adverse economic effect of stigma or loss of
reputation;
(III) civil fines and criminal and administrative
penalties; and
(IV) stop sale, cease and desist, and other remedial or
enforcement orders.
(C) Requirements for awarding additional amount.---If the
court awards an additional amount pursuant to this
subsection, the court shall state its reasons for setting the
amount of the additional amount in findings of fact and
conclusions of law.
(D) Preemption.--This section does not create a cause of
action for punitive damages and does not preempt or supersede
any State or Federal law to the extent that such law would
further limit the award of punitive damages. Nothing in this
subsection shall modify or reduce the ability of courts to
order remittiturs.
(4) Application by court.--This subsection shall be applied
by the court and application of this subsection shall not be
disclosed to the jury. Nothing in this subsection shall
authorize the court to enter an award of punitive damages in
excess of the jury's initial award of punitive damages.
(c) Bifurcation at Request of Any Party.--
(1) In general.--At the request of any party the trier of
fact in any action that is subject to this section shall
consider in a separate proceeding, held subsequent to the
determination of the amount of compensatory damages, whether
punitive damages are to be awarded for the harm that is the
subject of the action and the amount of the award.
(2) Inadmissibility of evidence relative only to a claim of
punitive damages in a proceeding concerning compensatory
damages.--If any party requests a separate proceeding under
paragraph (1), in a proceeding to determine whether the
claimant may be awarded compensatory damages, any evidence,
argument, or contention that is relevant only to the claim of
punitive damages, as determined by applicable State law,
shall be inadmissible.
SEC. 109. LIABILITY FOR CERTAIN CLAIMS RELATING TO DEATH.
In any civil action in which the alleged harm to the
claimant is death and, as of the effective date of this Act,
the applicable State law provides, or has been construed to
provide, for damages only punitive in nature, a defendant may
be liable for any such damages without regard to section 108,
but only during such time as the State law so provides. This
section shall cease to be effective September 1, 1996.
SEC. 110. SEVERAL LIABILITY FOR NONECONOMIC LOSS.
(a) General Rule.--In a product liability action, the
liability of each defendant for noneconomic loss shall be
several only and shall not be joint.
(b) Amount of Liability.--
(1) In general.--Each defendant shall be liable only for
the amount of noneconomic loss allocated to the defendant in
direct proportion to the percentage of responsibility of the
defendant (determined in accordance with paragraph (2)) for
the harm to the claimant with respect to which the defendant
is liable. The court shall render a separate judgment against
each defendant in an amount determined pursuant to the
preceding sentence.
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant under this section, the trier of fact shall
determine the percentage of responsibility of each person
responsible for the claimant's harm, whether or not such
person is a party to the action.
SEC. 111. WORKERS' COMPENSATION SUBROGATION.
(a) General Rule.--
(1) Right of subrogation.--
(A) In general.--An insurer shall have a right of
subrogation against a manufacturer or product seller to
recover any claimant's benefits relating to harm that is the
subject of a product liability action that is subject to this
Act.
(B) Written notification.--To assert a right of subrogation
under subparagraph (A), the insurer shall provide written
notice to the court in which the product liability action is
brought.
(C) Insurer not required to be a party.--An insurer shall
not be required to be a necessary and proper party in a
product liability action covered under subparagraph (A).
(2) Settlements and other legal proceedings.--
(A) In general.--In any proceeding relating to harm or
settlement with the manufacturer or product seller by a
claimant who files a product liability action that is subject
to this Act, an insurer may participate to assert a right of
subrogation for claimant's benefits with respect to any
payment made by the manufacturer or product seller by reason
of such harm, without regard to whether the payment is made--
(i) as part of a settlement;
(ii) in satisfaction of judgment;
(iii) as consideration for a covenant not to sue; or
(iv) in another manner.
(B) Written notification.--Except as provided in
subparagraph (C), an employee shall not make any settlement
with or accept any payment from the manufacturer or product
seller without written notification to the insurer.
(C) Exemption.--Subparagraph (B) shall not apply in any
case in which the insurer has been compensated for the full
amount of the claimant's benefits.
(3) Harm resulting from action of employer or coemployee.--
(A) In general.--If, with respect to a product liability
action that is subject to this Act, the manufacturer or
product seller attempts to persuade the trier of fact that
the harm to the claimant was caused by the fault of the
employer of the claimant or any coemployee of the claimant,
the issue of that fault shall be submitted to the trier of
fact, but only after the manufacturer or product seller has
provided timely written notice to the insurer.
(B) Rights of insurer.--
(i) In general.--Notwithstanding any other provision of
law, with respect to an issue of fault submitted to a trier
of fact pursuant to subparagraph (A), an insurer shall, in
the same manner as any party in the action (even if the
insurer is not a named party in the action), have the right
to--
(I) appear;
(II) be represented;
(III) introduce evidence;
(IV) cross-examine adverse witnesses; and
(V) present arguments to the trier of fact.
(ii) Last issue.--The issue of harm resulting from an
action of an employer or coemployee shall be the last issue
that is submitted to the trier of fact.
(C) Reduction of damages.--If the trier of fact finds by
clear and convincing evidence that the harm to the claimant
that is the subject of the product liability action was
caused by the fault of the employer or a coemployee of the
claimant--
(i) the court shall reduce by the amount of the claimant's
benefits--
(I) the damages awarded against the manufacturer or product
seller; and
(II) any corresponding insurer's subrogation lien; and
(ii) the manufacturer or product seller shall have no
further right by way of contribution or otherwise against the
employer.
(D) Certain rights of subrogation not affected.--
Notwithstanding a finding by the trier of fact described in
subparagraph (C), the insurer shall not lose any right of
subrogation related to any--
(i) intentional tort committed against the claimant by a
coemployee; or
(ii) act committed by a coemployee outside the scope of
normal work practices.
(b) Attorney's Fees.--If, in a product liability action
that is subject to this section, the court finds that harm to
a claimant was not caused by the fault of the employer or a
coemployee of the claimant, the manufacturer or product
seller shall reimburse the insurer for reasonable attorney's
fees and court costs incurred by the insurer in the action,
as determined by the court.
TITLE II--BIOMATERIALS ACCESS ASSURANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Biomaterials Access
Assurance Act of 1996''.
SEC. 202. FINDINGS.
Congress finds that--
(1) each year millions of citizens of the United States
depend on the availability of lifesaving or life enhancing
medical devices, many of which are permanently implantable
within the human body;
(2) a continued supply of raw materials and component parts
is necessary for the invention, development, improvement, and
maintenance of the supply of the devices;
(3) most of the medical devices are made with raw materials
and component parts that--
(A) are not designed or manufactured specifically for use
in medical devices; and
(B) come in contact with internal human tissue;
(4) the raw materials and component parts also are used in
a variety of nonmedical products;
(5) because small quantities of the raw materials and
component parts are used for medical devices, sales of raw
materials and component parts for medical devices constitute
an extremely small portion of the overall market for the raw
materials and medical devices;
[[Page 750]]
(6) under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), manufacturers of medical devices are
required to demonstrate that the medical devices are safe and
effective, including demonstrating that the products are
properly designed and have adequate warnings or instructions;
(7) notwithstanding the fact that raw materials and
component parts suppliers do not design, produce, or test a
final medical device, the suppliers have been the subject of
actions alleging inadequate--
(A) design and testing of medical devices manufactured with
materials or parts supplied by the suppliers; or
(B) warnings related to the use of such medical devices;
(8) even though suppliers of raw materials and component
parts have very rarely been held liable in such actions, such
suppliers have ceased supplying certain raw materials and
component parts for use in medical devices because the costs
associated with litigation in order to ensure a favorable
judgment for the suppliers far exceeds the total potential
sales revenues from sales by such suppliers to the medical
device industry;
(9) unless alternate sources of supply can be found, the
unavailability of raw materials and component parts for
medical devices will lead to unavailability of lifesaving and
life-enhancing medical devices;
(10) because other suppliers of the raw materials and
component parts in foreign nations are refusing to sell raw
materials or component parts for use in manufacturing certain
medical devices in the United States, the prospects for
development of new sources of supply for the full range of
threatened raw materials and component parts for medical
devices are remote;
(11) it is unlikely that the small market for such raw
materials and component parts in the United States could
support the large investment needed to develop new suppliers
of such raw materials and component parts;
(12) attempts to develop such new suppliers would raise the
cost of medical devices;
(13) courts that have considered the duties of the
suppliers of the raw materials and component parts have
generally found that the suppliers do not have a duty--
(A) to evaluate the safety and efficacy of the use of a raw
material or component part in a medical device; and
(B) to warn consumers concerning the safety and
effectiveness of a medical device;
(14) attempts to impose the duties referred to in
subparagraphs (A) and (B) of paragraph (13) on suppliers of
the raw materials and component parts would cause more harm
than good by driving the suppliers to cease supplying
manufacturers of medical devices; and
(15) in order to safeguard the availability of a wide
variety of lifesaving and life-enhancing medical devices,
immediate action is needed--
(A) to clarify the permissible bases of liability for
suppliers of raw materials and component parts for medical
devices; and
(B) to provide expeditious procedures to dispose of
unwarranted suits against the suppliers in such manner as to
minimize litigation costs.
SEC. 203. DEFINITIONS.
As used in this title:
(1) Biomaterials supplier.--
(A) In general.--The term ``biomaterials supplier'' means
an entity that directly or indirectly supplies a component
part or raw material for use in the manufacture of an
implant.
(B) Persons included.--Such term includes any person who--
(i) has submitted master files to the Secretary for
purposes of premarket approval of a medical device; or
(ii) licenses a biomaterials supplier to produce component
parts or raw materials.
(2) Claimant.--
(A) In general.--The term ``claimant'' means any person who
brings a civil action, or on whose behalf a civil action is
brought, arising from harm allegedly caused directly or
indirectly by an implant, including a person other than the
individual into whose body, or in contact with whose blood or
tissue, the implant is placed, who claims to have suffered
harm as a result of the implant.
(B) Action brought on behalf of an estate.--With respect to
an action brought on behalf of or through the estate of an
individual into whose body, or in contact with whose blood or
tissue the implant is placed, such term includes the decedent
that is the subject of the action.
(C) Action brought on behalf of a minor or incompetent.--
With respect to an action brought on behalf of or through a
minor or incompetent, such term includes the parent or
guardian of the minor or incompetent.
(D) Exclusions.--Such term does not include--
(i) a provider of professional health care services, in any
case in which--
(I) the sale or use of an implant is incidental to the
transaction; and
(II) the essence of the transaction is the furnishing of
judgment, skill, or services; or
(ii) a person acting in the capacity of a manufacturer,
seller, or biomaterials supplier.
(3) Component part.--
(A) In general.--The term ``component part'' means a
manufactured piece of an implant.
(B) Certain components.--Such term includes a manufactured
piece of an implant that--
(i) has significant non-implant applications; and
(ii) alone, has no implant value or purpose, but when
combined with other component parts and materials,
constitutes an implant.
(4) Harm.--
(A) In general.--The term ``harm'' means--
(i) any injury to or damage suffered by an individual;
(ii) any illness, disease, or death of that individual
resulting from that injury or damage; and
(iii) any loss to that individual or any other individual
resulting from that injury or damage.
(B) Exclusion.--The term does not include any commercial
loss or loss of or damage to an implant.
(5) Implant.--The term ``implant'' means--
(A) a medical device that is intended by the manufacturer
of the device--
(i) to be placed into a surgically or naturally formed or
existing cavity of the body for a period of at least 30 days;
or
(ii) to remain in contact with bodily fluids or internal
human tissue through a surgically produced opening for a
period of less than 30 days; and
(B) suture materials used in implant procedures.
(6) Manufacturer.--The term ``manufacturer'' means any
person who, with respect to an implant--
(A) is engaged in the manufacture, preparation,
propagation, compounding, or processing (as defined in
section 510(a)(1)) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360(a)(1)) of the implant; and
(B) is required--
(i) to register with the Secretary pursuant to section 510
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360)
and the regulations issued under such section; and
(ii) to include the implant on a list of devices filed with
the Secretary pursuant to section 510(j) of such Act (21
U.S.C. 360(j)) and the regulations issued under such section.
(7) Medical device.--The term ``medical device'' means a
device, as defined in section 201(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(h)) and includes any
device component of any combination product as that term is
used in section 503(g) of such Act (21 U.S.C. 353(g)).
(8) Raw material.--The term ``raw material'' means a
substance or product that--
(A) has a generic use; and
(B) may be used in an application other than an implant.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(10) Seller.--
(A) In general.--The term ``seller'' means a person who, in
the course of a business conducted for that purpose, sells,
distributes, leases, packages, labels, or otherwise places an
implant in the stream of commerce.
(B) Exclusions.--The term does not include--
(i) a seller or lessor of real property;
(ii) a provider of professional services, in any case in
which the sale or use of an implant is incidental to the
transaction and the essence of the transaction is the
furnishing of judgment, skill, or services; or
(iii) any person who acts in only a financial capacity with
respect to the sale of an implant.
SEC. 204. GENERAL REQUIREMENTS; APPLICABILITY; PREEMPTION.
(a) General Requirements.--
(1) In general.--In any civil action covered by this title,
a biomaterials supplier may raise any defense set forth in
section 205.
(2) Procedures.--Notwithstanding any other provision of
law, the Federal or State court in which a civil action
covered by this title is pending shall, in connection with a
motion for dismissal or judgment based on a defense described
in paragraph (1), use the procedures set forth in section
206.
(b) Applicability.--
(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, this title
applies to any civil action brought by a claimant, whether in
a Federal or State court, against a manufacturer, seller, or
biomaterials supplier, on the basis of any legal theory, for
harm allegedly caused by an implant.
(2) Exclusion.--A civil action brought by a purchaser of a
medical device for use in providing professional services
against a manufacturer, seller, or biomaterials supplier for
loss or damage to an implant or for commercial loss to the
purchaser--
(A) shall not be considered an action that is subject to
this title; and
(B) shall be governed by applicable commercial or contract
law.
(c) Scope of Preemption.--
(1) In general.--This title supersedes any State law
regarding recovery for harm caused by an implant and any rule
of procedure applicable to a civil action to recover damages
for such harm only to the extent that this title establishes
a rule of law applicable to the recovery of such damages.
(2) Applicability of other laws.--Any issue that arises
under this title and that is not governed by a rule of law
applicable to the recovery of damages described in paragraph
(1) shall be governed by applicable Federal or State law.
(d) Statutory Construction.--Nothing in this title may be
construed--
(1) to affect any defense available to a defendant under
any other provisions of Federal or State law in an action
alleging harm caused by an implant; or
[[Page 751]]
(2) to create a cause of action or Federal court
jurisdiction pursuant to section 1331 or 1337 of title 28,
United States Code, that otherwise would not exist under
applicable Federal or State law.
SEC. 205. LIABILITY OF BIOMATERIALS SUPPLIERS.
(a) In General.--
(1) Exclusion from liability.--Except as provided in
paragraph (2), a biomaterials supplier shall not be liable
for harm to a claimant caused by an implant.
(2) Liability.--A biomaterials supplier that--
(A) is a manufacturer may be liable for harm to a claimant
described in subsection (b);
(B) is a seller may be liable for harm to a claimant
described in subsection (c); and
(C) furnishes raw materials or component parts that fail to
meet applicable contractual requirements or specifications
may be liable for a harm to a claimant described in
subsection (d).
(b) Liability as Manufacturer.--
(1) In general.--A biomaterials supplier may, to the extent
required and permitted by any other applicable law, be liable
for harm to a claimant caused by an implant if the
biomaterials supplier is the manufacturer of the implant.
(2) Grounds for liability.--The biomaterials supplier may
be considered the manufacturer of the implant that allegedly
caused harm to a claimant only if the biomaterials supplier--
(A)(i) has registered with the Secretary pursuant to
section 510 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360) and the regulations issued under such section;
and
(ii) included the implant on a list of devices filed with
the Secretary pursuant to section 510(j) of such Act (21
U.S.C. 360(j)) and the regulations issued under such section;
(B) is the subject of a declaration issued by the Secretary
pursuant to paragraph (3) that states that the supplier, with
respect to the implant that allegedly caused harm to the
claimant, was required to--
(i) register with the Secretary under section 510 of such
Act (21 U.S.C. 360), and the regulations issued under such
section, but failed to do so; or
(ii) include the implant on a list of devices filed with
the Secretary pursuant to section 510(j) of such Act (21
U.S.C. 360(j)) and the regulations issued under such section,
but failed to do so; or
(C) is related by common ownership or control to a person
meeting all the requirements described in subparagraph (A) or
(B), if the court deciding a motion to dismiss in accordance
with section 206(c)(3)(B)(i) finds, on the basis of
affidavits submitted in accordance with section 206, that it
is necessary to impose liability on the biomaterials supplier
as a manufacturer because the related manufacturer meeting
the requirements of subparagraph (A) or (B) lacks sufficient
financial resources to satisfy any judgment that the court
feels it is likely to enter should the claimant prevail.
(3) Administrative procedures.--
(A) In general.--The Secretary may issue a declaration
described in paragraph (2)(B) on the motion of the Secretary
or on petition by any person, after providing--
(i) notice to the affected persons; and
(ii) an opportunity for an informal hearing.
(B) Docketing and final decision.--Immediately upon receipt
of a petition filed pursuant to this paragraph, the Secretary
shall docket the petition. Not later than 180 days after the
petition is filed, the Secretary shall issue a final decision
on the petition.
(C) Applicability of statute of limitations.--Any
applicable statute of limitations shall toll during the
period during which a claimant has filed a petition with the
Secretary under this paragraph.
(c) Liability as Seller.--A biomaterials supplier may, to
the extent required and permitted by any other applicable
law, be liable as a seller for harm to a claimant caused by
an implant if--
(1) the biomaterials supplier--
(A) held title to the implant that allegedly caused harm to
the claimant as a result of purchasing the implant after--
(i) the manufacture of the implant; and
(ii) the entrance of the implant in the stream of commerce;
and
(B) subsequently resold the implant; or
(2) the biomaterials supplier is related by common
ownership or control to a person meeting all the requirements
described in paragraph (1), if a court deciding a motion to
dismiss in accordance with section 206(c)(3)(B)(ii) finds, on
the basis of affidavits submitted in accordance with section
206, that it is necessary to impose liability on the
biomaterials supplier as a seller because the related seller
meeting the requirements of paragraph (1) lacks sufficient
financial resources to satisfy any judgment that the court
feels it is likely to enter should the claimant prevail.
(d) Liability for Violating Contractual Requirements or
Specifications.--A biomaterials supplier may, to the extent
required and permitted by any other applicable law, be liable
for harm to a claimant caused by an implant, if the claimant
in an action shows, by a preponderance of the evidence,
that--
(1) the raw materials or component parts delivered by the
biomaterials supplier either--
(A) did not constitute the product described in the
contract between the biomaterials supplier and the person who
contracted for delivery of the product; or
(B) failed to meet any specifications that were--
(i) provided to the biomaterials supplier and not expressly
repudiated by the biomaterials supplier prior to acceptance
of delivery of the raw materials or component parts;
(ii)(I) published by the biomaterials supplier;
(II) provided to the manufacturer by the biomaterials
supplier; or
(III) contained in a master file that was submitted by the
biomaterials supplier to the Secretary and that is currently
maintained by the biomaterials supplier for purposes of
premarket approval of medical devices; or
(iii) included in the submissions for purposes of premarket
approval or review by the Secretary under section 510, 513,
515, or 520 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360, 360c, 360e, or 360j), and received clearance from
the Secretary if such specifications were provided by the
manufacturer to the biomaterials supplier and were not
expressly repudiated by the biomaterials supplier prior to
the acceptance by the manufacturer of delivery of the raw
materials or component parts; and
(2) such conduct was an actual and proximate cause of the
harm to the claimant.
SEC. 206. PROCEDURES FOR DISMISSAL OF CIVIL ACTIONS AGAINST
BIOMATERIALS SUPPLIERS.
(a) Motion To Dismiss.--In any action that is subject to
this title, a biomaterials supplier who is a defendant in
such action may, at any time during which a motion to dismiss
may be filed under an applicable law, move to dismiss the
action against it on the grounds that--
(1) the defendant is a biomaterials supplier; and
(2)(A) the defendant should not, for the purposes of--
(i) section 205(b), be considered to be a manufacturer of
the implant that is subject to such section; or
(ii) section 205(c), be considered to be a seller of the
implant that allegedly caused harm to the claimant; or
(B)(i) the claimant has failed to establish, pursuant to
section 205(d), that the supplier furnished raw materials or
component parts in violation of contractual requirements or
specifications; or
(ii) the claimant has failed to comply with the procedural
requirements of subsection (b).
(b) Manufacturer of Implant Shall Be Named a Party.--The
claimant shall be required to name the manufacturer of the
implant as a party to the action, unless--
(1) the manufacturer is subject to service of process
solely in a jurisdiction in which the biomaterials supplier
is not domiciled or subject to a service of process; or
(2) an action against the manufacturer is barred by
applicable law.
(c) Proceeding on Motion To Dismiss.--The following rules
shall apply to any proceeding on a motion to dismiss filed
under this section:
(1) Affidavits relating to listing and declarations.--
(A) In general.--The defendant in the action may submit an
affidavit demonstrating that defendant has not included the
implant on a list, if any, filed with the Secretary pursuant
to section 510(j) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360(j)).
(B) Response to motion to dismiss.--In response to the
motion to dismiss, the claimant may submit an affidavit
demonstrating that--
(i) the Secretary has, with respect to the defendant and
the implant that allegedly caused harm to the claimant,
issued a declaration pursuant to section 205(b)(2)(B); or
(ii) the defendant who filed the motion to dismiss is a
seller of the implant who is liable under section 205(c).
(2) Effect of motion to dismiss on discovery.--
(A) In general.--If a defendant files a motion to dismiss
under paragraph (1) or (2) of subsection (a), no discovery
shall be permitted in connection to the action that is the
subject of the motion, other than discovery necessary to
determine a motion to dismiss for lack of jurisdiction, until
such time as the court rules on the motion to dismiss in
accordance with the affidavits submitted by the parties in
accordance with this section.
(B) Discovery.--If a defendant files a motion to dismiss
under subsection (a)(2)(B)(i) on the grounds that the
biomaterials supplier did not furnish raw materials or
component parts in violation of contractual requirements or
specifications, the court may permit discovery, as ordered by
the court. The discovery conducted pursuant to this
subparagraph shall be limited to issues that are directly
relevant to--
(i) the pending motion to dismiss; or
(ii) the jurisdiction of the court.
(3) Affidavits relating status of defendant.--
(A) In general.--Except as provided in clauses (i) and (ii)
of subparagraph (B), the court shall consider a defendant to
be a biomaterials supplier who is not subject to an action
for harm to a claimant caused by an implant, other than an
action relating to liability for a violation of contractual
requirements or specifications described in subsection (d).
(B) Responses to motion to dismiss.--The court shall grant
a motion to dismiss any action that asserts liability of the
defendant under subsection (b) or (c) of section 205 on the
grounds that the defendant is not a manufacturer subject to
such section 205(b) or
[[Page 752]]
seller subject to section 205(c), unless the claimant submits
a valid affidavit that demonstrates that--
(i) with respect to a motion to dismiss contending the
defendant is not a manufacturer, the defendant meets the
applicable requirements for liability as a manufacturer under
section 205(b); or
(ii) with respect to a motion to dismiss contending that
the defendant is not a seller, the defendant meets the
applicable requirements for liability as a seller under
section 205(c).
(4) Basis of ruling on motion to dismiss.--
(A) In general.--The court shall rule on a motion to
dismiss filed under subsection (a) solely on the basis of the
pleadings of the parties made pursuant to this section and
any affidavits submitted by the parties pursuant to this
section.
(B) Motion for summary judgment.--Notwithstanding any other
provision of law, if the court determines that the pleadings
and affidavits made by parties pursuant to this section raise
genuine issues as concerning material facts with respect to a
motion concerning contractual requirements and
specifications, the court may deem the motion to dismiss to
be a motion for summary judgment made pursuant to subsection
(d).
(d) Summary Judgment.--
(1) In general.--
(A) Basis for entry of judgment.--A biomaterials supplier
shall be entitled to entry of judgment without trial if the
court finds there is no genuine issue as concerning any
material fact for each applicable element set forth in
paragraphs (1) and (2) of section 205(d).
(B) Issues of material fact.--With respect to a finding
made under subparagraph (A), the court shall consider a
genuine issue of material fact to exist only if the evidence
submitted by claimant would be sufficient to allow a
reasonable jury to reach a verdict for the claimant if the
jury found the evidence to be credible.
(2) Discovery made prior to a ruling on a motion for
summary judgment.--If, under applicable rules, the court
permits discovery prior to a ruling on a motion for summary
judgment made pursuant to this subsection, such discovery
shall be limited solely to establishing whether a genuine
issue of material fact exists as to the applicable elements
set forth in paragraphs (1) and (2) of section 205(d).
(3) Discovery with respect to a biomaterials supplier.--A
biomaterials supplier shall be subject to discovery in
connection with a motion seeking dismissal or summary
judgment on the basis of the inapplicability of section
205(d) or the failure to establish the applicable elements of
section 205(d) solely to the extent permitted by the
applicable Federal or State rules for discovery against
nonparties.
(e) Stay Pending Petition for Declaration.--If a claimant
has filed a petition for a declaration pursuant to section
205(b)(3)(A) with respect to a defendant, and the Secretary
has not issued a final decision on the petition, the court
shall stay all proceedings with respect to that defendant
until such time as the Secretary has issued a final decision
on the petition.
(f) Manufacturer Conduct of Proceeding.--The manufacturer
of an implant that is the subject of an action covered under
this title shall be permitted to file and conduct a
proceeding on any motion for summary judgment or dismissal
filed by a biomaterials supplier who is a defendant under
this section if the manufacturer and any other defendant in
such action enter into a valid and applicable contractual
agreement under which the manufacturer agrees to bear the
cost of such proceeding or to conduct such proceeding.
(g) Attorney Fees.--The court shall require the claimant to
compensate the biomaterials supplier (or a manufacturer
appearing in lieu of a supplier pursuant to subsection (f))
for attorney fees and costs, if--
(1) the claimant named or joined the biomaterials supplier;
and
(2) the court found the claim against the biomaterials
supplier to be without merit and frivolous.
TITLE III--LIMITATIONS ON APPLICABILITY; EFFECTIVE DATE
SEC. 301. EFFECT OF COURT OF APPEALS DECISIONS.
A decision by a Federal circuit court of appeals
interpreting a provision of this Act (except to the extent
that the decision is overruled or otherwise modified by the
Supreme Court) shall be considered a controlling precedent
with respect to any subsequent decision made concerning the
interpretation of such provision by any Federal or State
court within the geographical boundaries of the area under
the jurisdiction of the circuit court of appeals.
SEC. 302. FEDERAL CAUSE OF ACTION PRECLUDED.
The district courts of the United States shall not have
jurisdiction pursuant to this Act based on section 1331 or
1337 of title 28, United States Code.
SEC. 303. EFFECTIVE DATE.
This Act shall apply with respect to any action commenced
on or after the date of the enactment of this Act without
regard to whether the harm that is the subject of the action
or the conduct that caused the harm occurred before such date
of enactment.
And the Senate agree to the same.
From the Committee on the Judiciary, for consideration of the
House bill, and the Senate amendment, and modifications
committed to conference:
Henry Hyde,
James Sensenbrenner, Jr.,
George W. Gekas,
Bob Inglis,
Ed Bryant,
From the Committee on Commerce, for consideration of the
House bill, and the Senate amendment, and modifications
committed to conference:
Tom Bliley,
Michael Oxley,
Christopher Cox,
Managers on the Part of the House.
Larry Pressler,
Slade Gorton,
Trent Lott,
Ted Stevens,
Olympia Snowe,
John Ashcroft,
J.J. Exon,
John D. Rockefeller,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that the yeas had
it.
Mr. HYDE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken
by electronic device.
Yeas
259
When there appeared
<3-line {>
Nays
158
para.38.13 [Roll No. 110]
YEAS--259
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Waldholtz
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--158
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Brown (CA)
[[Page 753]]
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clyburn
Coble
Coleman
Collins (MI)
Conyers
Costello
Coyne
Danner
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Doyle
Durbin
Engel
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Green
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Miller (CA)
Mink
Moakley
Mollohan
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Pomeroy
Poshard
Rahall
Rangel
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Stark
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--14
Bryant (TX)
Collins (IL)
de la Garza
Eshoo
Fields (TX)
Ford
Fowler
Hayes
McNulty
Smith (TX)
Stokes
Torres
Weldon (PA)
Weller
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.38.14 further continuing appropriations for 1996
Mr. LIVINGSTON, pursuant to the special order of the House of
heretofore agreed to, called up the joint resolution (H.J. Res. 170)
making further continuing appropriations for fiscal year 1996, and for
other purposes.
When said joint resolution was considered and read twice.
After debate,
The previous question having been ordered by said special order.
The joint resolution was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that the yeas had
it.
So the joint resolution was passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.38.15 adjournment of the two houses
Mr. ARMEY submitted the following privileged concurrent resolution (H.
Con. Res. 157):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Friday, March 29, 1996, it stand adjourned until 12:30
p.m. on Monday, April 15, 1996, or until noon on the second
day after Members are notified to reassemble pursuant to
section 2 of this concurrent resolution, whichever occurs
first; and that when the Senate recesses or adjourns at the
close of business on Friday, March 29, 1996, Saturday, March
30, 1996, or Sunday, March 31, 1996, pursuant to a motion
made by the Majority Leader or his designee in accordance
with this resolution, it stand recessed or adjourned until
noon on Monday, April 15, 1996, or until such time on that
day as may be specified by the Majority Leader or his
designee in the motion to recess or adjourn, or until noon on
the second day after Members are notified to reassemble
pursuant to section 2 of this concurrent resolution,
whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by uanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.38.16 committee election--majority
Mr. ARMEY, by direction of the Republican Conference, submitted the
following privileged resolution (H. Res. 397):
Resolved, that the following named Member be, and he is
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Ways and Means: Mr. Hayes of Louisiana, to
rank following Mr. Portman of Ohio.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.38.17 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Monday, April 15, 1996, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments authorized by
law or by the House.
para.38.18 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, April
17, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.38.19 designation of speaker pro tempore to sign enrollments
The SPEAKER laid before the House a communication, which was read as
follows:
Washington, DC,
March 29, 1996.
I hereby designate the Honorable Bill Emerson to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through Monday, April 15, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.38.20 subpoena
The SPEAKER pro tempore, Mr. GUTKNECHT, laid before the House the
following communication from Mr. BENTSEN:
House of Representatives,
Washington, DC, March 26, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, The Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the United
States District Court for the District of Columbia. This
subpoena relates to her employment by a former Member of the
House.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and procedures of the House.
With kindest personal regards,
Sincerely,
Kenneth E. Bentsen, Jr.,
Member of Congress.
para.38.21 british-american interparliamentary group
The SPEAKER pro tempore, Mr. GUTKNECHT, by unanimous consent,
announced that pursuant to section 168(b) of Public Law 102-138, the
Speaker appointed to the British-American Interparliamentary Group, on
the part of the House, the following Members: Messrs. Clinger, Vice
Chair, Brownback, Emerson, Linder, Ms. Molinari, Mr. Petri, and Ms.
Pryce.
para.38.22 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.J. Res. 170. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; and
H. Con. Res. 157. Concurrent resolution providing for an
adjournment or recess of the two Houses.
The message also announced that pursuant to Public Law 103-432, upon
[[Page 754]]
the recommendation of the majority leader, Jo Anne B. Barnhart of
Virginia, Martin H. Gerry of Kansas, Gerald H. Miller of Michigan; and
upon the recommendation of the minority leader, Paul E. Barton of New
Jersey are named to the Advisory Board on Welfare Indicators.
para.38.23 enrolled joint resolution signed
The SPEAKER pro tempore, Mr. BARTLETT, announced that pursuant to
clause 4, rule I, the Speaker signed the following enrolled joint
resolution today:
H.J. Res. 170. A joint resolution making further
continuation appropriations for the fiscal year 1996, and for
other purposes.
para.38.24 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 3136. An Act to provide for enactment of the Senior
Citizen's Right to Work Act of 1996, the Line Item Veto Act,
And the Small Business Growth and Fairness Act of 1996, and
to provide for a permanent increase in the public debt limit;
and
para.38.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GOODLING, until 1 p.m. today; and
To Mr. UNDERWOOD, for today.
And then,
para.38.26 adjournment
On motion of Mr. DORNAN, pursuant to the provisions of House
Concurrent Resolution 157, at 5 o'clock p.m., the House adjourned until
12:30 p.m. on Monday, April 15, 1996.
para.38.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. KASICH: Committee on the Budget. H.R. 842. A bill to
provide off-budget treatment for the Highway Trust Fund, the
Airport and Airway Trust Fund, the Inland Waterways Trust
Fund, and the Harbor Maintenance Trust Fund; adversely (Rept.
No. 104-499, Pt. 2). Referred to the Committee of the Whole
House on the State of the Union.
Mr. McINNIS: Committee on Rules. House Resolution 395.
Resolution providing for consideration of the joint
resolution (H.J. Res. 159) proposing an amendment to the
Constitution of the United States to require two-thirds
majorities for bills increasing taxes (Rept. No. 104-513).
Referred to the House Calendar.
Mr. QUILLEN: Committee on Rules. House Resolution 396.
Resolution providing for consideration of the bill (H.R. 842)
to provide off-budget treatment for the Highway Trust Fund,
the Airport and Airway Trust Fund, the Inland Waterways Trust
Fund, and the Harbor Maintenance Trust Fund (Rept. No. 104-
514). Referred to the House Calendar.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 2747. A bill to direct the Administrator
of the Environmental Protection Agency to make grants to
States for the purpose of financing the construction,
rehabilitation, and improvement of water supply systems, and
for other purposes; with an amendment (Rept. No. 104-515).
Referred to the Committee of the Whole House on the State of
the Union.
para.38.28 subsequent action on bills initially referred under time
limitations
Under clause 5 of rule X, the following actions were taken by the
Speaker:
H.R. 995. The Committee on Commerce discharged from further
consideration. Referred to the Committee of the Whole House
on the State of the Union.
H.R. 3070. The Committees on Ways and Means, the Judiciary,
and Economic and Educational Opportunities discharged from
further consideration. Referred to the Committee of the Whole
House on the State of the Union.
para.38.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CALVERT:
H.R. 3198. A bill to reauthorize and amend the National
Geologic Mapping Act of 1992, and for other purposes; to the
Committee on Resources.
By Mr. BURR (for himself, Mr. Greenwood, Mr.
Richardson, Mr. Bilirakis, Mr. Towns, Mr. Barton of
Texas, Mr. Hall of Texas, Mr. Klug, Ms. Eshoo, Mr.
Upton, Mr. Gordon, Mr. Bilbray, Mr. Brewster, Mr.
Coburn, Mr. Dooley, Mr. Ganske, Mr. McHale, Mr.
Oxley, Mr. Payne of Virginia, Mr. Fields of Texas,
Mr. Rose, Mr. Paxon, Mr. Holden, Mr. Tauzin, Mr.
Schaefer, Mr. Fox, Mr. Funderburk, Mr. Campbell, Mr.
McIntosh, Mr. Cox, Mr. Dreier, Mr. Heineman, Mr.
Weldon of Florida, Mr. Shays, Mr. Hastert, Mr.
Norwood, Mr. Burton of Indiana, Mr. Frazer, Mr.
Stearns, Mr. Frisa, Mr. Ramstad, Mr. Martini, and Ms.
Dunn of Washington):
H.R. 3199. A bill to amend the Federal Food, Drug, and
Cosmetic Act and the Public Health Service Act to facilitate
the development and approval of new drugs and biological
products, and for other purposes; to the Committee on
Commerce.
By Mr. KLUG (for himself, Mr. Greenwood, Mr. Towns, Mr.
Bilirakis, Mr. Richardson, Mr. Burr, Mr. Hall of
Texas, Mr. Barton of Texas, Mr. Gordon, Mr. Upton,
Mr. Brewster, Mr. Bilbray, Mr. Payne of Virginia, Mr.
Coburn, Mr. Dooley, Mr. Ganske, Mr. McHale, Mr.
Oxley, Mr. Holden, Mr. Fields of Texas, Mr. Paxon,
Mr. Whitfield, Mr. Schaefer, Mr. Tauzin, Mr. Fox, Mr.
Campbell, Mr. McIntosh, Mr. Cox, Mr. Dreier, Mr.
Heineman, Mr. Funderburk, Mr. Weldon of Florida, Mr.
Shays, Mr. Hastert, Mr. Norwood, Mr. Frazer, Mr.
Stearns, Mr. Frisa, Mr. Ramstad, Mr. Martini, and Ms.
Dunn of Washington):
H.R. 3200. A bill to amend the Federal Food, Drug, and
Cosmetic Act to increase access to nutritional information
about foods, to increase the availability of safe food
products, and for other purposes; to the Committee on
Commerce.
By Mr. BARTON of Texas (for himself, Mr. Greenwood, Mr.
Richardson, Mr. Bilirakis, Mr. Hall of Texas, Mr.
Gordon, Mr. Burr, Ms. Eshoo, Mr. Coburn, Mr.
Brewster, Mr. Klug, Mr. Dooley, Mr. Ganske, Mr.
McHale, Mr. Bilbray, Mr. Payne of Virginia, Mr.
Oxley, Mr. Holden, Mr. Fields of Texas, Mr. Paxon,
Mr. Schaefer, Mr. Tauzin, Mr. Fox, Mr. Upton, Mr.
Campbell, Mr. McIntosh, Mr. Cox, Mr. Dreier, Mr.
Heineman, Mr. Funderburk, Mr. Weldon of Florida, Mr.
Hostettler, Mr. Shays, Mr. Hastert, Mr. Norwood, Mr.
Burton of Indiana, Mr. Frazer, Mr. Stearns, Mr.
Frisa, Mr. Ramstad, Mr. Martini, and Ms. Dunn of
Washington):
H.R. 3201. A bill to amend the Federal Food, Drug, and
Cosmetic Act to facilitate the development, clearance, and
use of devices to maintain and improve the public health and
quality of life of the citizens of the United States; to the
Committee on Commerce.
By Mr. DeFAZIO:
H.R. 3202. A bill to decrease military spending to a
sensible level by reducing force structure, major weapons
system procurement, and other programs; to the Committee on
National Security.
By Mr. BILBRAY (for himself and Ms. Dunn of
Washington):
H.R. 3203. A bill to require the administrative agency
responsible for adjudicating claims under the workers'
compensation provisions of title 5, United States Code, to
follow certain procedures in seeking medical opinions; to the
Committee on Economic and Educational Opportunities.
H.R. 3204. A bill to require the administrative agency
responsible for adjudicating claims under the workers'
compensation provisions of title 5, United States Code, to
select board certified physicians to provide second opinions;
to the Committee on Economic and Educational Opportunities.
H.R. 3205. A bill to change the appeals process in the
workers' compensation provisions of title 5, United States
Code; to the Committee on Economic and Educational
Opportunities.
By Mr. CHRISTENSEN (for himself, Mr. Hayes, Mr.
Neumann, Mrs. Myrick, and Mr. Fox):
H.R. 3206. A bill to amend title 18, United States Code,
with respect to Federal prisoners, and for other purposes; to
the Committee on the Judiciary.
By Mr. BAKER of California (for himself, Mr. Bereuter,
Mr. Brown of California, Mr. Calvert, Mrs. Clayton,
Mr. Cox, Mr. Dicks, Mr. Dellums, Mr. Ehlers, Ms.
Eshoo, Mr. Farr, Mr. Funderburk, Mr. Gene Green of
Texas, Mr. Hastert, Mr. Jacobs, Mr. Parker, Mr.
Rogers, Mr. Royce, Mr. Roth, Mr. Taylor of North
Carolina, Mr. Towns, Mr. Weldon of Florida, Mr.
Wilson, and Mr. Wise):
H.R. 3207. A bill to amend the Communications Act of 1934
to facilitate utilization of volunteer resources on behalf of
the amateur radio service; to the Committee on Commerce.
By Mr. BASS:
H.R. 3208. A bill to amend the Federal Election Campaign
Act of 1971 to strengthen certain provisions relating to
independent expenditures, and for other purposes; to the
Committee on House Oversight.
By Mr. BEREUTER:
H.R. 3209. A bill to amend the Internal Revenue Code of
1986 to increase the maximum amount deferrable under a 457
plan for any year to the amount deferrable for such year
under a 401(k) plan, and to require that amounts in 457 plans
be held in trust; to the Committee on Ways and Means.
[[Page 755]]
By Mr. CAMPBELL:
H.R. 3210. A bill to amend the Bank Holding Company Act of
1956 to clarify that the Board of Governors of the Federal
Reserve System has full discretion with regard to the type
and amount of information required to be included in an
application to become a bank holding company or to acquire a
bank, and for other purposes; to the Committee on Banking and
Financial Services.
By Mr. FAWELL:
H.R. 3211. A bill to amend the National Labor Relations Act
to protect employer rights; to the Committee on Economic and
Educational Opportunities.
H.R. 3212. A bill to amend the Fair Labor Standards Act of
1938 to provide a limited overtime exemption for employees
performing emergency medical services; to the Committee on
Economic and Educational Opportunities.
By Mr. FORBES:
H.R. 3213. A bill to amend the Marine Protection, Research,
and Sanctuaries Act of 1972 relating to the dumping of
dredged material in Long Island Sound, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. FRANKS of Connecticut:
H.R. 3214. A bill to amend the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 to
establish a brownfield cleanup loan program; to the Committee
on Commerce, and in addition to the Committee on
Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HAYWORTH:
H.R. 3215. A bill to amend title 18, United States Code, to
repeal the provision relating to Federal employees
contracting or trading with Indians; to the Committee on the
Judiciary.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Shays,
Mr. Franks of New Jersey, and Mr. Horn):
H.R. 3216. A bill to amend the Occupational Safety and
Health Act of 1970 to require that inspections of
construction sites carried out under that act shall be
conducted by inspectors who have been trained pursuant to
standards established by the Secretary of Labor; to the
Committee on Economic and Educational Opportunities.
By Mr. LaTOURETTE (for himself, Mr. Saxton, Ms.
Lofgren, Ms. Rivers, Ms. Kaptur, Mr. Gilchrest, Mr.
Stupak, Mr. Quinn, Mr. Ramstad, Mr. Miller of
California, Mr. Oberstar, Mr. Meehan, Mr. Franks of
New Jersey, Mr. Petri, Mr. Hoke, Mr. Ehlers, Mr.
Dingell, Mr. English of Pennsylvania, and Mrs.
Morella):
H.R. 3217. A bill to provide for ballast water management
to prevent the introduction and spread of nonindigenous
species into the waters of the United States, and for other
purposes; to the Committee on Transportation and
Infrastructure, and in addition to the Committee on
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. LaTOURETTE:
H.R. 3218. A bill to amend the Internal Revenue Code of
1986 to allow taxpayers to designate that a portion of their
income tax refunds be retained by the United States for use
for certain public purposes; to the Committee on Ways and
Means, and in addition to the Committees on the Judiciary,
Commerce, and Economic and Educational Opportunities, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LAZIO of New York (for himself, Mr. Bereuter,
Mr. Hayworth, and Mr. Johnson of South Dakota):
H.R. 3219. A bill to provide Federal assistance for Indian
tribes in a manner that recognizes the right of tribal self-
governance, and for other purposes; to the Committee on
Banking and Financial Services.
By Mr. SALMON (for himself and Mr. Stearns):
H.R. 3220. A bill to provide for the opportunity for the
families of murder victims to attend the execution of the
murderers; to the Committee on the Judiciary.
By Mr. SANDERS:
H.R. 3221. A bill to amend the Electronic Fund Transfer Act
to prohibit the imposition of certain additional fees on
consumers in connection with any electronic fund transfer
which is initiated by the consumer from an electronic
terminal operated by a person other than the financial
institution holding the consumer's account and which utilizes
a national or regional communication network; to the
Committee on Banking and Financial Services.
By Mr. SANDERS (for himself, Mr. Stark, Ms. McKinney,
Mr. Dellums, Mr. Hilliard, and Mr. Frazer):
H.R. 3222. A bill to prohibit gag rule clauses, improper
incentive programs, and indemnification clauses in health
care insurance contracts and health care employment
contracts, and for other purposes; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, and Economic and Educational Opportunities, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SCHIFF (for himself, Mr. McCollum, Mr. Coble,
Mr. Skeen, Mr. Frost, Mrs. Myrick, and Mr.
LaTourette):
H.R. 3223. A bill to amend title 18, United States Code, to
provide mandatory life imprisonment for persons convicted of
a second serious violent felony or serious drug offense; to
the Committee on the Judiciary.
By Mr. SCHIFF (for himself and Mr. Shays):
H.R. 3224. A bill to improve Federal efforts to combat
fraud and abuse against health care programs, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committees on Government Reform and Oversight, Ways
and Means, and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SHAYS (for himself, Mr. Schiff, and Mr. Barrett
of Wisconsin):
H.R. 3225. A bill to amend title XVIII of the Social
Security Act to expedite payment adjustments for durable
medical equipment under part B of the Medicare Program based
upon inherent reasonableness; to the Committee on Commerce,
and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SOLOMON (for himself and Mr. Miller of
California):
H.R. 3226. A bill to require that health plans provide
coverage for a minimum hospital stay for a mother and child
following the birth of the child, and for other purposes; to
the Committee on Commerce, and in addition to the Committee
on Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STUPAK:
H.R. 3227. A bill to amend title 23, United States Code,
relating to the statewide planning process to provide for
greater participation by elected officials having
jurisdiction over transportation in nonmetropolitan areas,
and for other purposes; to the Committee on Transportation
and Infrastructure.
By Ms. VELAZQUEZ (for herself, Mr. Gutierrez, Mrs.
Kennelly, Mr. Kennedy of Massachusetts, Mr. Serrano,
Mr. Menendez, Ms. Roybal-Allard, and Ms. Ros-
Lehtinen):
H.R. 3228. A bill to require the Secretary of the Treasury
to mint coins in commemoration of all the brave and gallant
Puerto Ricans in the 65th Infantry Regiment of the United
States Army who fought in the Korean conflict; to the
Committee on Banking and Financial Services.
By Mr. VENTO:
H.R. 3229. A bill to require that wages paid under a
Federal contract are greater than the local poverty line, and
for other purposes; to the Committee on Government Reform and
Oversight.
By Mr. LIVINGSTON:
H.J. Res. 170. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations.
By Mr. LANTOS:
H.J. Res. 171. Joint resolution proposing an amendment to
the Constitution to permit the Congress to limit
contributions and expenditures in elections for Federal
office; to the Committee on the Judiciary.
By Mr. ARMEY:
H. Con. Res. 157. Concurrent resolution providing for
an adjournment or recess of the two Houses;
considered and agreed to.
By Mr. BROWDER:
H. Con. Res. 158. Concurrent resolution instructing the
Architect of the Capitol to recommend measures to recognize,
through the National Statuary Hall, the ongoing contributions
of all American citizens, including women; to the Committee
on House Oversight.
By Ms. VELAZQUEZ (for herself, Mr. Gutierrez, Mrs.
Kennelly, Mr. Kennedy of Massachusetts, Mr. Serrano,
Mr. Menendez, Ms. Roybal-Allard, Ms. Ros-Lehtinen,
and Mr. Underwood):
H. Con. Res. 159. Concurrent resolution expressing the
sense of the Congress that the heroism of the brave and
gallant Puerto Ricans in the 65th Infantry Regiment of the
United States Army who fought in the Korean conflict should
be commemorated; to the Committee on Veterans' Affairs, and
in addition to the Committee on National Security, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ARMEY:
H. Res. 397. Resolution electing Representative James A.
Hayes of Louisiana to the Committee on Ways and Means;
considered and agreed to.
By Mr. ENGEL (for himself, Mr. Gilman, Mr. Nadler, Mr.
Saxton, Mr. Deutsch, and Mr. McNulty):
H. Res. 398. Resolution condemning the construction of a
shopping center within the internationally protected zone
around the Auschwitz death camp in Poland; to the Committee
on International Relations.
By Mr. PAYNE of New Jersey (for himself, Mr. Chabot,
Mrs. Clayton, Mr. Conyers, Ms. McKinney, Mr.
Bereuter, Mr. Owens, and Mr. Wynn):
H. Res. 399. Resolution expressing the sense of the House
of Representatives with respect
[[Page 756]]
to the promotion of democracy and civil society in Zaire; to
the Committee on International Relations.
para.38.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 28: Mr. Schaefer.
H.R. 103: Mr. Klink, Mr. Diaz-Balart, and Mr. Bryant of
Texas.
H.R. 294: Mr. Fattah and Ms. Pelosi.
H.R. 324: Mr. Luther and Mrs. Clayton.
H.R. 452: Mr. Diaz-Balart and Mr. Stupak.
H.R. 468: Mr. Regula.
H.R. 500: Mr. Dickey.
H.R. 528: Mr. Tiahrt.
H.R. 820: Mr. Goodling and Mr. Traficant.
H.R. 1023: Mr. Dornan and Mr. Latham.
H.R. 1119: Mr. Sanders.
H.R. 1171: Mr. McCollum and Mr. Cox.
H.R. 1297: Mr. Quillen.
H.R. 1386: Mr. Schaefer, Mr. Bonilla, and Mr. Bryant of
Tennessee.
H.R. 1406: Mr. Spence.
H.R. 1492: Mr. Weldon of Florida.
H.R. 1514: Mr. Bateman, Mr. Costello, Mr. Smith of Texas,
Mr. McDade, Mr. Porter, Mr. Barrett of Nebraska, Mr. Lewis of
Georgia, Mr. Torres, and Mr. Allard.
H.R. 1552: Mr. Frelinghuysen, Mr. Bryant of Texas, Mrs.
Lowey, Ms. McKinney, Ms. Norton, Mr. Cunningham, and Ms.
Woolsey.
H.R. 1661: Mr. Hostettler, Mr. Gordon, Mr. Zeliff, and Mr.
Weldon of Pennsylvania.
H.R. 1662: Mrs. Meek of Florida and Mr. Cramer.
H.R. 1684: Mr. Parker, Mr. Gephardt, and Mr. English of
Pennsylvania.
H.R. 1711: Mr. Doolittle.
H.R. 1802: Mr. Beilenson.
H.R. 1953: Mr. Bateman.
H.R. 1972: Mr. Young of Florida and Mr. Costello.
H.R. 2011: Mr. Brown of Ohio.
H.R. 2019: Mr. Hutchinson.
H.R. 2026: Ms. Pelosi, Mr. Beilenson, Mr. Gingrich, Mr.
Mascara, and Mr. Faleomavaega.
H.R. 2086: Mr. Bereuter.
H.R. 2087: Mrs. Cubin.
H.R. 2143: Ms. Eshoo and Mr. Berman.
H.R. 2178: Mr. Gejdenson.
H.R. 2192: Mr. Costello.
H.R. 2193: Mr. Pete Geren of Texas, Ms. McKinney, Mr. Fox,
Mr. Faleomavaega, Mr. Bonilla, and Mr. Stenholm.
H.R. 2247: Mrs. Clayton, Mr. Frank of Massachusetts. Mr.
Frazer, Ms. Roybal-Allard, and Mr. Williams.
H.R. 2250: Mr. Riggs.
H.R. 2391: Mr. Solomon and Mr. Shadegg.
H.R. 2400: Mr. Spence.
H.R. 2421: Mr. Torkildsen, Mr. Flake, Ms. Molinari, Mr.
Quinn, Mr. LaFalce, and Mr. Rangel.
H.R. 2470: Mr. Coburn.
H.R. 2489: Mr. Beilenson, Ms. Brown of Florida, Mr. Burton
of Indiana, Mr. Coburn, Mr. Fox, Ms. Eddie Bernice Johnson of
Texas, Mrs. Johnson of Connecticut, Mrs. Lowey, Mrs. Maloney,
Ms. Molinari, Mr. Oberstar, Mr. Petri, Mr. Smith of New
Jersey, Mr. Taylor of North Carolina, Mr. Thornberry, Ms.
Waters, and Mr. Weller.
H.R. 2548: Mr. Payne of New Jersey and Mr. Bilbray.
H.R. 2579: Mr. Spence.
H.R. 2690: Mr. Foglietta, Mr. Berman, Mr. Faleomavaega, Mr.
Watt of North Carolina, Ms. Woolsey, Mr. Waxman, Mr. Nadler,
Mr. Oberstar, Mr. Davis, Ms. Lofgren, and Mr. Luther.
H.R. 2699: Mr. Dicks, Ms. Jackson-Lee, Mr. Faleomavaega,
Ms. Norton, Mr. Doyle, Mr. Jefferson, Mrs. Clayton, Mr. Payne
of New Jersey, Mrs. Meek of Florida, Mr. Towns, Mr. Clay, Mr.
Thompson, Mr. Bishop, and Mr. Chabot.
H.R. 2727: Mr. Hostettler.
H.R. 2741: Mr. Burr, Mr. Packard, and Mr. Moorhead.
H.R. 2757: Mr. Payne of Virginia, Mr. Thornberry, Mr.
Metcalf, and Mrs. Clayton.
H.R. 2823: Mr. Traficant, Mr. Riggs, Mr. Ackerman, and Mr.
Allard.
H.R. 2875: Mr. Weller and Mr. Rangel.
H.R. 2900: Mr. Fields of Texas, Mr. Everett, Mr. Upton,
Mrs. Smith of Washington, Mr. Burton of Indiana, Mr. Rahall,
and Mr. Schiff.
H.R. 2919: Mr. Lipinski.
H.R. 2922: Mrs. Thurman.
H.R. 2959: Mr. Quinn.
H.R. 2986: Mr. Vento, Mr. Ney, and Mr. Hinchey.
H.R. 3004: Mr. Thornton and Mrs. Clayton.
H.R. 3022: Mr. Frazer, Ms. Norton, Mr. Hilliard, Mr. Payne
of New Jersey, Mr. Yates, Ms. McKinney, and Mr. Pallone.
H.R. 3030: Ms. Woolsey, Ms. McKinney, Mr. Hilliard, Mr.
Waxman, Mr. Torres, Mr. Matsui, Mr. Moran, Mr. Dellums, and
Ms. Lofgren.
H.R. 3050: Mrs. Clayton.
H.R. 3052: Mrs. Lowey, Ms. Norton, Mr. Hilliard, Mr.
Faleomavaega, Mr. Dellums, Mr. Frost, Mr. Quinn, Mr. Fox, Ms.
McKinney, Mr. Frazer, Mr. Borski, Mr. Fazio of California,
Ms. Lofgren, Mr. Farr, Mr. Thompson, Mr. Wilson, Mr. Torres,
Mr. Gejdenson, and Mr. Evans.
H.R. 3067: Mr. DeFazio.
H.R. 3079: Mr. Kleczka.
H.R. 3081: Mrs. Clayton, Mr. Farr, Mr. Payne of New Jersey,
and Mr. Frost.
H.R. 3089: Mrs. Morella, Mr. Pallone, Mr. Matsui, Mr.
Miller of California, and Mr. Klink.
H.R. 3104: Mr. Ensign and Mr. Gene Green of Texas.
H.R. 3119: Mr. Edwards.
H.R. 3130: Mr. Evans and Mrs. Clayton.
H.R. 3149: Mr. Ramstad and Mr. Herger.
H.R. 3152: Ms. Woolsey, Mr. Riggs, Mr. Fazio of California,
and Mr. Rohrabacher.
H.R. 3170: Mr. Martini and Ms. Molinari.
H.R. 3173: Mr. Kildee, Ms. Roybal-Allard, and Mr. Klink.
H.R. 3177: Mr. Klug, Mr. Roth, Mr. Petri, Mr. Oberstar, Mr.
Miller of Florida, Mr. Barrett of Wisconsin, and Mr. Frank of
Massachusetts.
H.R. 3195: Mr. Graham and Mr. Spence.
H.J. Res. 70: Mr. Frazer.
H. Con. Res. 47: Mr. DeFazio, Mr. Moran, Mr. Towns, Mr.
Weller, and Mr. Stockman.
H. Con. Res. 95: Mr. Watts of Oklahoma, Ms. Pelosi, and Ms.
Norton.
H. Res. 30: Mr. Peterson of Florida, Mr. Bryant of Texas,
Ms. Waters, Mr. Schiff, Mr. Schaefer, Mr. Kildee, and Mr.
Becerra.
H. Res. 359: Mr. Barrett of Wisconsin, Mr. Rangel, and Mr.
Dellums.
H. Res. 374: Ms. DeLauro, Mr. Greenwood, Mrs. Roukema, and
Mr. McCollum.
H. Res. 378: Mr. Manton and Mr. Lipinski.
H. Res. 385: Mr. Bereuter.
para.38.31 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.J. Res. 159: Mr. Goss.
.
MONDAY, APRIL 15, 1996 (39)
para.39.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. BARTON, who laid before the House the following
communication:
Washington, DC,
April 15, 1996.
I hereby designate the Honorable Joe Barton to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.39.2 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries, who also informed the House that on the following dates the
President approved and signed bills and joint resolutions of the House
of the following titles:
On March 7, 1996:
H.R. 2196. An Act to amend the Stevenson-Wydler Technology
Innovation Act of 1980 with respect to inventions made under
cooperative research and development agreements, and for
other purposes.
On March 12, 1996:
H.R. 927. An Act to seek international sanctions against
the Castro government in Cuba, to plan for support of a
transition government leading to a democratically elected
government in Cuba, and for other purposes.
H.R. 3021. An Act to guarantee the continuing full
investment of Social Security and other Federal funds in
obligations of the United States.
On March 15, 1996:
H.J. Res. 163. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
On March 20, 1996:
H.R. 2778. An Act to provide that members of the Armed
Forces performing services for the peacekeeping efforts in
Bosnia and Herzegovina, Croatia, and Macedonia shall be
entitled to tax benefits in the same manner as if such
services were performed in a combat zone, and for other
purposes.
On March 22, 1996:
H.J. Res. 165. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
On March 26, 1996:
H.R. 2036. An Act to amend the Solid Waste Disposal Act to
make certain adjustments in the land disposal program to
provide needed flexibility, and for other purposes.
On March 29, 1996:
H.J. Res. 170. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
H.R. 3136. An Act to provide for enactment for the Senior
Citizens' Right to Work Act of 1996, the Line Item Veto Act,
and the Small Business Growth and Fairness Act of 1996, and
to provide for a permanent increase in the public debt limit.
On April 1, 1996:
H.J. Res. 78. Joint resolution to grant the consent of the
Congress to certain additional powers conferred upon the Bi-
State Development Agency by the States of Missouri and
Illinois.
H.R. 1266. An Act to provide for the exchange of lands
within Admiralty Island National Monument, and for other
purposes.
H.R. 1787. An Act to amend the Federal Food, Drug, and
Cosmetic Act to repeal the saccharin notice requirement.
On April 4, 1996:
H.R. 2854. An Act to modify the operation of certain
agricultural programs.
On April 9, 1996:
H.J. Res. 168. Joint resolution waiving certain enrollment
requirements with respect to two bills of the One Hundred
Fourth Congress.
[[Page 757]]
H.R. 2969. An Act to eliminate the Board of Tea Experts by
repealing the Tea Importation Act of 1897.
The message further announced that on the following dates the
President approved and signed bills and a joint resolution of the Senate
of the following titles:
On March 28, 1996:
S. 1494. An Act to provide an extension for fiscal year
1996 for certain programs administered by the Secretary of
Housing and Urban Development and the Secretary of
Agriculture, and for other purposes.
On April 1, 1996:
S.J. Res. 38. Joint resolution granting the consent of
Congress to the Vermont-New Hampshire Interstate Public Water
Supply Compact.
On April 9, 1996:
S. 4. An Act to give the President line-item veto authority
with respect to appropriations, new direct spending, and
limited tax benefits.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.39.3 recess--1:20 p.m.
The SPEAKER pro tempore, Mr. HOBSON, pursuant to clause 12 of rule I,
declared the House in recess until 2 p.m.
para.39.4 after recess--2 p.m.
The SPEAKER pro tempore, Mr. EWING, called the House to order.
para.39.5 approval of the journal
The SPEAKER pro tempore, Mr. EWING, announced he had examined and
approved the Journal of the proceedings of March 29, 1996.
Mr. SKAGGS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.39.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2335. A communication from the President of the United
States, transmitting his requests for fiscal year 1996
supplemental appropriations totaling $250 million to
intensify our Nation's drug law enforcement, treatment, and
prevention efforts, and to designate the amount made
available as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, pursuant to 31 U.S.C. 1107
(H. Doc. No. 104-193); to the Committee on Appropriations and
ordered to be printed.
2336. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $13,025,000 in budgetary authority
for the Department of Health and Human Services, in addition
a request to redirect appropriations totaling $3,700,000 in
budget authority to the Department of Health and Human
Services, and to designate the amounts made available as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, pursuant to 31 U.S.C. 1107 (H. Doc. No.
104-194); to the Committee on Appropriations and ordered to
be printed.
2337. A communication from the President of the United
States transmitting a report of 10 proposed rescissions of
budgetary resources, totaling $400.4 million affecting the
Department of Defense, pursuant to 2 U.S.C. 683(a)(1) (H.
Doc. No. 104-195); to the Committee on Appropriations and
ordered to be printed.
2338. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of April 1, 1996,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 104-192); to the
Committee on Appropriations and ordered to be printed.
2339. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to transfer by sale the ship
U.S.S. Recovery to the Taipei Economic and Cultural
Representative Office, pursuant to 10 U.S.C. 7307(b)(2); to
the Committee on National Security.
2340. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a
report on the transfer of property to the Republic of Panama
under the Panama Canal Treaty of 1977 and related agreements,
pursuant to 22 U.S.C. 3784(b); to the Committee on National
Security.
2341. A letter from the Comptroller General of the United
States, transmitting a report entitled, ``Financial Audit:
Panama Canal Commission's 1995 and 1994 Financial
Statements'' (GAO/AIMD-96-61) March 1996, pursuant to 31
U.S.C. 9106(a); to the Committee on National Security.
2342. A letter from the General Counsel of the Department
of Defense, transmitting a draft of proposed legislation
entitled the ``National Defense Authorization Act for Fiscal
Year 1997,'' pursuant to 31 U.S.C. 1110; to the Committee on
National Security.
2343. A letter from the Chairman, Federal Financial
Institutions Examination Council, transmitting the Council's
1995 annual report to the Congress, pursuant to 12 U.S.C.
3305; to the Committee on Banking and Financial Services.
2344. A letter from the Chairman, National Credit Union
Administration, transmitting the 1995 annual report of the
National Credit Union Administration, pursuant to 12 U.S.C.
1256; to the Committee on Banking and Financial Services.
2345. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year--if any--and the budget year provided by House
Joint Resolution 170, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-578); to the Committee on the
Budget.
2346. A letter from the National Foundation on the Arts and
the Humanities, transmitting the Federal Council on the Arts
and the Humanities' 20th annual report on the Arts and
Artifacts Indemnity Program for fiscal year 1995, pursuant to
20 U.S.C. 959(c); to the Committee on Economic and
Educational Opportunities.
2347. A letter from the Secretary of Transportation,
transmitting the Department's 20th annual report to Congress
entitled ``Automotive Fuel Economy Program,'' pursuant to 49
U.S.C. 32916; to the Committee on Commerce.
2348. A letter from the Chairman, Federal Trade Commission,
transmitting the Commission's 80th annual report covering its
accomplishments during the fiscal year ended September 30,
1994, pursuant to 15 U.S.C. 46(f); to the Committee on
Commerce.
2349. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
semiannual report for the combined periods October 1, 1994 to
September 30, 1995 listing voluntary contributions made by
the U.S. Government to International Organizations, pursuant
to 22 U.S.C. 2226(b)(1); to the Committee on International
Relations.
2350. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a
report on chemical and biological weapons proliferation
control efforts for the period of February 1, 1995 to January
31, 1996, pursuant to Public Law 102-182, section 308(a) (105
Stat. 1257); to the Committee on International Relations.
2351. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
2352. A communication from the President of the United
States, transmitting a report on the evaluation from Liberia
of private United States citizens and certain third-country
nationals who have taken refuge in the United States Embassy
compound wishing to leave. (H. Doc. No. 104-196); to the
Committee on International Relations and ordered to be
printed.
2353. A letter from the Chair, Foreign Claims Settlement
Commission, Department of Justice, transmitting a copy of the
annual report in compliance with the Government in the
Sunshine Act during the calendar year 1995, pursuant to 5
U.S.C. 552b(j); to the Committee on Government Reform and
Oversight.
2354. A letter from the Executive Director, District of
Columbia Financial Responsibility and Management Assistance
Authority, transmitting the Authority's report on procedures
for hiring experts and consultants, pursuant to Public Law
104-8, section 101(e)(1) (109 Stat. 101); to the Committee on
Government Reform and Oversight.
2355. A letter from the Executive Director, District of
Columbia Financial Responsibility and Management Assistance
Authority, transmitting the Authority's report entitled
``Report on Final Allocations of the District of Columbia's
Fiscal Year 1996 Budget,'' pursuant to Public Law 104-8,
section 202(d) (109 Stat. 113); to the Committee on
Government Reform and Oversight.
2356. A letter from the Executive Director, Interstate
Commission on the Potomac River Basin, transmitting the
annual report under the Federal Managers' Financial Integrity
Act for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3);
to the Committee on Government Reform and Oversight.
2357. A letter from the Chairman, National Endowment for
the Arts, transmitting a report of activities under the
Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2358. A letter from the Director, Office of Government
Ethics, transmitting a report of activities under the Freedom
of Information Act for the calendar year 1995, pursuant to 5
U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
2359. A letter from the Special Counsel, Office of Special
Counsel, transmitting the an
[[Page 758]]
nual report of the Office of the Special Counsel [OSC] for
fiscal year [FY] 1995, pursuant to Public Law 101-12, section
3(a)(11) (103 Stat. 29); to the Committee on Government
Reform and Oversight.
2360. A letter from the President and CEO, Overseas Private
Investment Corporation, transmitting the Corporation's fifth
annual management report, pursuant to Public Law 101-576,
section 306(a) (104 Stat. 2854); to the Committee on
Government Reform and Oversight.
2361. A letter from the Chairman, Railroad Retirement
Board, transmitting a copy of the annual report in compliance
with the Government in the Sunshine Act during the calender
year 1995, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Reform and Oversight.
2362. A letter from the Chairman, Federal Election
Commission, transmitting 50 recommendations for legislative
action, pursuant to 2 U.S.C. 438(a)(9); to the Committee on
House Oversight.
2363. A letter from the Clerk, U.S. House of
Representatives, transmitting the quarterly report of
receipts and expenditures of appropriations and other funds
for the period October 1, 1995, through December 31, 1995, as
compiled by the Chief Administrative Officer, pursuant to 2
U.S.C. 104a (H. Doc. No. 104-191); to the Committee on House
Oversight and ordered to be printed.
2364. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2365. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2366. A letter from the Attorney General of the United
States, transmitting the 1995 annual report of the Federal
Prison Industries, Inc. [FPI], pursuant to 18 U.S.C. 4127; to
the Committee on the Judiciary.
2367. A letter from the Director, Federal Judicial Center,
transmitting the Federal Judicial Center's annual report for
1995, pursuant to 28 U.S.C. 623(b); to the Committee on the
Judiciary.
2368. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Remote
Alcohol Testing Program for Masters and Pilots,'' pursuant to
Public Law. 101-380, section 4111(c) (104 Stat. 516); to the
Committee on Transportation and Infrastructure.
2369. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Tanker
Navigation Equipment, Systems, and Procedures Report,''
pursuant to Public Law 101-380, section 4111(c) (104 Stat.
516); to the Committee on Transportation and Infrastructure.
2370. A letter from the Chairman, Federal Maritime
Commission, transmitting the 34th annual report of the
Federal Maritime Commission for fiscal year 1995, pursuant to
46 U.S.C. 1118; to the Committee on Transportation and
Infrastructure.
2371. A letter from the Acting Administrator, General
Services Administration, transmitting an informational copy
of the fiscal year 1997 Capital Investment and Leasing
Program of the General Services Administration's Public
Buildings Service, pursuant to 40 U.S.C. 606(a); to the
Committee on Transportation and Infrastructure.
2372. A letter from the Secretary of Veterans Affairs,
transmitting a report covering the disposition of cases
granted relief from administrative error, overpayment, and
forfeiture by the Administrator in 1995, pursuant to 38
U.S.C. 503; to the Committee on Veterans' Affairs.
2373. A letter from the Chairman, U.S. International Trade
Commission, transmitting a draft of proposed legislation to
provide authorization of appropriations for the U.S.
International Trade Commission for fiscal year 1997, pursuant
to 31 U.S.C. 1110; to the Committee on Ways and Means.
2374. A letter from the Director, Office of Government
Ethics, transmitting the Office's fourth biennial report to
the Congress, pursuant to Public Law 95-452, section 408 (102
Stat. 3032); jointly, to the Committees on the Judiciary and
Government Reform and Oversight.
2375. A letter from the Administrator, Federal Aviation
Administration, transmitting the Administration's report of
progress on developing and certifying the traffic alert and
collision avoidance system [TCAS] for the period October
through December 1995, pursuant to Public Law 100-223,
section 203(b) (101 Stat. 1518); jointly, to the Committees
on Transportation and Infrastructure and Science.
2376. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled the
``Department of Transportation Regulatory Reform Act of
1996''; jointly, to the Committees on Transportation and
Infrastructure and Commerce.
2377. A letter from the Secretary of Commerce, transmitting
the annual report of the National Technical Information
Service [NTIS] for fiscal year 1994, pursuant to Public Law
100-519, section 212(f)(3) (102 Stat. 2596); jointly, to the
Committee on Science and Commerce.
para.39.7 enrolled bills signed
The SPEAKER pro tempore, Mr. EWING, announced that pursuant to clause
4, rule I, the Speaker pro tempore, Mr. EMERSON, had signed the
following enrolled bills on Tuesday, April 2, 1996:
H.R. 956. An Act to establish legal standards and
procedures for product liability litigation, and for other
purposes.
H.R. 1561. An Act to consolidate the foreign affairs
agencies of the United States; to authorize appropriations
for the Department of State and related agencies for fiscal
years 1996 and 1997; to responsibly reduce the authorizations
of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other
purposes.
H.R. 1833. An Act to amend title 18, United States Code, to
ban partial-birth abortions.
H.R. 2854. An Act to modify the operation of certain
agricultural programs.
para.39.8 advisory commission on governmental relations
The SPEAKER pro tempore, Mr. EWING, by unanimous consent, announced
that pursuant to the provisions of section 3(a) of Public Law 86-380,
and the order of the House of Friday, March 29, 1996, authorizing the
Speaker and the Minority Leader to appoint commissions, boards and
committees authorized by law or by the House, the SPEAKER did on April
2, 1996, appoint to the Advisory Commission on Intergovernmental
Relations, the following Member, Mr. Payne, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
para.39.9 providing for the consideration of h.j. res. 159
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 395):
Resolved, That upon the adoption of this resolution it
shall be in order without intervention of any point of order
to consider in the House the joint resolution (H.J. Res. 159)
proposing an amendment to the Constitution of the United
States to require two-thirds majorities for bills increasing
taxes. An amendment in the nature of a substitute consisting
of the text of House Joint Resolution 169 shall be considered
as adopted. The previous question shall be considered as
ordered on the joint resolution, as amended, and on any
further amendment thereto to final passage without
intervening motion except: (1) three hours of debate on the
joint resolution, as amended, which shall be equally divided
and controlled by the chairman and ranking minority member of
the Committee on the Judiciary; (2) one motion to amend, if
offered by the minority leader or his designee, which shall
be considered as read and shall be separately debatable for
one hour equally divided and controlled by the proponent and
an opponent; and (3) one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
Mr. McINNIS moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
232
When there appeared
<3-line {>
Nays
168
para.39.10 [Roll No. 111]
YEAS--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kelly
Kim
King
Kingston
Klug
Knollenberg
[[Page 759]]
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--168
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Woolsey
Wynn
Yates
NOT VOTING--31
Borski
Brown (CA)
Brown (FL)
Calvert
Chapman
Cremeans
de la Garza
Engel
Fattah
Fields (LA)
Fields (TX)
Ford
Frost
Gallegly
Hunter
Jackson-Lee (TX)
Kasich
Lewis (CA)
Lightfoot
Lipinski
Ney
Ortiz
Oxley
Pelosi
Stockman
Tauzin
Thornton
Towns
Williams
Wilson
Wise
So the previous question on the resolution was ordered.
Mr. SKAGGS moved to reconsider the vote on ordering the previous
question on House Resolution 395.
Mr. McINNIS moved to lay on the table the motion to reconsider the
vote whereby the House ordered the previous question.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
169
para.39.11 [Roll No. 112]
YEAS--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--169
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Woolsey
Wynn
Yates
NOT VOTING--30
Borski
Brown (CA)
Brown (FL)
Calvert
Chapman
Cremeans
de la Garza
Engel
Fattah
Fields (LA)
Fields (TX)
Ford
Frost
Hunter
Jackson-Lee (TX)
Kasich
Lewis (CA)
Lightfoot
Lipinski
Ney
Ortiz
Oxley
Pelosi
Stockman
Tauzin
Thornton
Towns
Williams
Wilson
Wise
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
The question being put, viva voce,
[[Page 760]]
Will the House agree to House Resolution 395?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
234
<3-line {>
affirmative
Nays
162
para.39.12 [Roll No. 113]
AYES--234
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--162
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Costello
Coyne
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Slaughter
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Woolsey
Wynn
Yates
NOT VOTING--35
Borski
Brown (CA)
Brown (FL)
Calvert
Chapman
Conyers
Cremeans
de la Garza
Fattah
Fields (LA)
Fields (TX)
Ford
Frost
Hunter
Jackson-Lee (TX)
Kasich
Lewis (CA)
Lightfoot
Lipinski
McKinney
Ney
Ortiz
Oxley
Pelosi
Rose
Scarborough
Studds
Tauzin
Thornton
Tiahrt
Towns
Waxman
Williams
Wilson
Wise
So the resolution was agreed to.
Mr. SKAGGS moved to reconsider the vote whereby the House agreed to
House Resolution 395.
Mr. McINNIS moved to lay on the table the motion to reconsider the
vote whereby the House agreed to said resolution.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
233
<3-line {>
affirmative
Nays
164
para.39.13 [Roll No. 114]
AYES--233
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--164
Abercrombie
Ackerman
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
[[Page 761]]
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Torricelli
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Woolsey
Wynn
Yates
NOT VOTING--34
Baesler
Bateman
Berman
Borski
Brown (FL)
Calvert
Chapman
Clinger
de la Garza
English
Fattah
Fields (LA)
Ford
Frost
Hunter
Jackson-Lee (TX)
Lewis (CA)
Lightfoot
Lipinski
McKinney
Ortiz
Oxley
Pelosi
Rose
Scarborough
Schiff
Talent
Tauzin
Thornton
Towns
Waxman
Williams
Wilson
Wise
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
para.39.14 constitutional amendment on taxes
Mr. CANADY, pursuant to House Resolution 395, called up the joint
resolution (H.J. Res. 159) proposing an amendment to the Constitution of
the United States requiring two-thirds majorities for bills increasing
taxes.
When said joint resolution was read twice.
Mr. SKAGGS raised the question of consideration of said joint
resolution.
The question being put, viva voce,
Will the House now consider said joint resolution, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS demanded a recorded vote on the question of consideration,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
241
<3-line {>
affirmative
Nays
157
para.39.15 [Roll No. 115]
AYES--241
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bono
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Pallone
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--157
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Brown (CA)
Brown (OH)
Bryant (TX)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Danner
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Woolsey
Wynn
Yates
NOT VOTING--33
Bonilla
Borski
Brown (FL)
Calvert
Chapman
Clay
Clinger
de la Garza
DeFazio
Fattah
Fields (LA)
Ford
Frost
Hunter
Jackson-Lee (TX)
LaFalce
Lewis (CA)
Lightfoot
Lipinski
Martinez
McKinney
Ortiz
Oxley
Pelosi
Rose
Scarborough
Tauzin
Thornton
Towns
Waxman
Williams
Wilson
Wise
So, the question of consideration was decided in the affirmative.
Mr. SKAGGS moved to reconsider the vote whereby the House decided to
consider House Joint Resolution 159.
Mr. CANADY moved to lay on the table the motion to reconsider the
vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. SKAGGS demanded a recorded vote on said motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
236
<3-line {>
affirmative
Nays
157
para.39.16 [Roll No. 116]
AYES--236
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
[[Page 762]]
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (KY)
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Pallone
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--157
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Browder
Brown (CA)
Brown (OH)
Bryant (TX)
Cardin
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Danner
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Woolsey
Wynn
Yates
NOT VOTING--38
Becerra
Bonilla
Borski
Brown (FL)
Calvert
Chapman
Clay
Clinger
de la Garza
DeFazio
Fattah
Fawell
Fields (LA)
Ford
Frost
Hayes
Hunter
Jackson-Lee (TX)
LaFalce
Laughlin
Lewis (CA)
Lightfoot
Lipinski
Martinez
Ortiz
Oxley
Pelosi
Rose
Schumer
Stockman
Tauzin
Thornton
Towns
Waters
Waxman
Williams
Wilson
Wise
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
Pursuant to House Resolution 395, the following amendment in the
nature of a substitute consisting of the text of House Joint Resolution
169, was considered as adopted:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as
part of the Constitution when ratified by the legislatures of
three-fourths of the several States within seven years after
the date of its submission for ratification:
``Article --
``Section 1. Any bill, resolution, or other legislative
measure changing the internal revenue laws shall require for
final adoption in either House the concurrence of two-thirds
the members present, unless that bill, resolution, or measure
is determined at the time of adoption, in a reasonable manner
prescribed by law, not to increase the internal revenue by
more than a de minimis amount.
``Section 2. The Congress may waive section 1 when a
declaration of war is in effect. The Congress may also waive
section 1 when the United States is engaged in military
conflict which causes an imminent and serious threat to
national security and is so declared by a joint resolution,
adopted by a majority of the whole number of each House,
which becomes law. Any provision of law which would, standing
alone, be subject to section 1 but for this section and which
becomes law pursuant to such a waiver shall be effective for
not longer than 2 years.
``Section 3. All votes taken by the House of
Representatives or the Senate under this article shall be
determined by yeas and nays and the names of persons voting
for and against shall be entered on the Journal of each House
respectively.''.
After debate,
The previous question having been ordered by said resolution.
The joint resolution was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. STENHOLM moved to recommit the bill to the Committee on the
Judiciary with instructions to report the bill back to the House
forthwith with instructions that the Committee conduct hearings and a
necessary study on the joint resolution.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. RIGGS, announced that the nays had it.
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. RIGGS, announced that two-thirds of the
Members present having not voted in the affirmative, the joint
resolution was not passed.
Mr. CANADY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
243
When there appeared
<3-line {>
Nays
177
para.39.17 [Roll No. 117]
YEAS--243
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greene
Greenwood
Gutknecht
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
[[Page 763]]
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Pallone
Parker
Paxon
Petri
Pombo
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--177
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (WI)
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bishop
Boehlert
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gillmor
Gonzalez
Gunderson
Gutierrez
Hall (OH)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Hostettler
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Porter
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Thomas
Thompson
Thurman
Torres
Torricelli
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
NOT VOTING--12
Becerra
Chapman
Fields (LA)
Flake
Ford
McDade
Rose
Schroeder
Thornton
Towns
Wilson
Yates
So, two-thirds of those present not having voted in the affirmative,
the joint resolution was not passed.
A motion to reconsider the vote whereby said joint resolution was not
passed was, by unanimous consent, laid on the table.
para.39.18 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. RIGGS, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Friday, March 29, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
So the Journal was approved.
para.39.19 message from the president--veto of h.r. 1561
The SPEAKER pro tempore, Mr. RIGGS, laid before the House a message
from the President, which was read as follows:
To the House of Representatives:
I am returning herewith without my approval H.R. 1561, the ``Foreign
Relations Authorization Act, Fiscal Years 1996 and 1997.''
This legislation contains many unacceptable provisions that would
undercut U.S. leadership abroad and damage our ability to assure the
future security and prosperity of the American people. It would
unacceptably restrict the President's ability to address the complex
international challenges and opportunities of the post-Cold War era. It
would also restrict Presidential authority needed to conduct foreign
affairs and to control state secrets, thereby raising serious
constitutional concerns.
First, the bill contains foreign policy provisions, particularly those
involving East Asia, that are of serious concern. It would amend the
Taiwan Relations Act (TRA) to state that the TRA supersedes the
provisions of the 1982 Joint Communique between the United States and
China. The 1982 Communique has been one of the cornerstones of our
bipartisan policy toward China for over 13 years. The ongoing management
of our relations with China is one of the central challenges of United
States foreign policy, but this bill would complicate, not facilitate
that task. The bill would also sharply restrict the use of funds to
further normalize relations with Vietnam, hampering the President's
ability to pursue our national interests there and potentially
jeopardizing further progress on POW/MIA issues. If read literally, this
restriction would also raise constitutional concerns.
Second, the bill would seriously impede the President's authority to
organize and administer foreign affairs agencies to best serve the
Nation's interests and the Administration's foreign policy priorities. I
am a strong supporter of appropriate reform and, building on bipartisan
support, my Administration has already implemented significant steps to
reinvent our international operations in a way that has allowed us to
reduce funding significantly, eliminate positions, and close embassies,
consulates, and other posts overseas. But this bill proceeds in an
improvident fashion, mandating the abolition of at least one of three
important foreign affairs agencies, even though each agency has a
distinct and important mission that warrants a separate existence.
Moreover, the inflexible, detailed mandates and artificial deadlines
included in this section of the bill should not be imposed on any
President.
Third, the appropriations authorizations included in the bill, for
fiscal years 1996 and 1997, fall unacceptably below the levels necessary
to conduct the Nation's foreign policy and to protect U.S. interests
abroad. These inadequate levels would adversely affect the operation of
overseas posts of the foreign affairs agencies and weaken critical U.S.
efforts to promote arms control and nonproliferation, reform
international organizations and peacekeeping, streamline public
diplomacy, and implement sustainable development activities. These
levels would cause undue reductions in force of highly skilled personnel
at several foreign affairs agencies at a time when they face
increasingly complex challenges.
Fourth, this bill contains a series of objectionable provisions that
limit U.S. participation in international organizations, particularly
the United Nations (U.N.). For example, a provision on intelligence
sharing with the U.N. would unconstitutionally infringe on the
President's power to conduct diplomatic relations and limit Presidential
control over the use of state secrets. Other provisions contain
problematic notification, withholding, and certification requirements.
These limits on participation in international organizations,
particularly when combined with the low appropriation authorization
levels, would undermine current U.S. diplomatic efforts--which enjoy
bipartisan support--to reform the U.N. budget. The provisions included
in the bill are also at odds with ongoing discussions between the
Administration and the Congress aimed at achieving consensus on these
issues.
Fifth, the bill fails to remedy the severe limitations placed on U.S.
population assistance programs by the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107). That law imposes unacceptable spending restrictions pending
authorization for U.S. bilateral and multilateral population assistance
programs. But H.R. 1561 does not authorize these programs. Con
[[Page 764]]
sequently, these restrictions will remain in place and will have a
significant, adverse impact on women and families in the developing
world. It is estimated that nearly 7 million couples in developing
countries will have no access to safe, voluntary family planning
services. The result will be millions of unwanted pregnancies and an
increase in the number of abortions.
Finally, the bill contains a number of other objectionable
provisions. Some of the most problematic would: (1) abruptly terminate
the Agency for International Development's housing guaranty (HG)
program, as well as abrogate existing HG agreements, except for South
Africa, and prohibit foreign assistance to any country that fails to
make timely payments or reimbursements on HG loans; (2) hinder
negotiations aimed at resolving the plight of Vietnamese boat people;
(3) unduly restrict the ability of the United States to participate in
the United Nations Human Rights Committee; and (4) extend provisions of
the Nuclear Proliferation Prevention Act that I have objected to in the
past. I am also concerned that the bill, by restricting the time period
during which economic assistance funds can be expended for longer-term
development projects, would diminish the effectiveness of U.S.
assistance programs.
In returning H.R. 1561, I recognize that the bill contains a number
of important authorities for the Department of State and the United
States Information Agency. In its current form, however, the bill is
inconsistent with the decades-long tradition of bipartisanship in U.S.
foreign policy. It unduly interferes with the constitutional
prerogatives of the President and would seriously impair the conduct of
U.S. foreign affairs.
For all these reasons, I am compelled to return H.R. 1561 without my
approval.
William J. Clinton.
The White House, April 12, 1996.
The SPEAKER pro tempore, Mr. RIGGS, by unanimous consent, ordered
that the veto message, together with the accompanying bill, be printed
(H. Doc. 104-197) and spread upon the pages of the Journal of the
House.
On motion of Mr. GILMAN, by unanimous consent, further consideration
of the veto message was postponed until Tuesday, April 23, 1996.
para.39.20 submission of conference report--s. 735
Mr. HYDE submitted a conference report (Rept. No. 104-518) on the bill
of the Senate (S. 735) to prevent and punish acts of terrorism, and for
other purposes; together with a statement thereon, for printing in the
Record under the rule.
para.39.21 message from the president--veto of h.r. 1833
The SPEAKER pro tempore, Mr. RIGGS, laid before the House a message
from the President, which was read as follows:
To the House of Representatives:
I am returning herewith without any approval H.R. 1833, which would
prohibit doctors from performing a certain kind of abortion. I do so
because the bill does not allow women to protect themselves from serious
threats to their health. By refusing to permit women, in reliance on
their doctors' best medical judgment, to use their procedure when their
lives are threatened or when their health is put in serious jeopardy,
the Congress has fashioned a bill that is consistent neither with the
Constitution nor with sound public policy.
I have always believed that the decision to have an abortion generally
should be between a woman, her doctor, her conscience, and her God. I
support the decision in Roe v. Wade protecting a woman's right to
choose, and I believe that the abortions protected by that decision
should be safe and rare. Consistent with that decision, I have long
opposed late-term abortions except where necessary to protect the life
or health of the mother. In fact, as Governor of Arkansas, I signed into
law a bill that barred third trimester abortions, with an appropriate
exception for life or health.
The procedure described in H.R. 1833 has troubled me deeply, as it has
many people. I cannot support use of that procedure on an elective
basis, where the abortion is being performed for non-health related
reasons and there are equally safe medical procedures available.
There are, however, rare and tragic situations that can occur in a
woman's pregnancy in which, in a doctor's medical judgment, the use of
this procedure may be necessary to save a woman's life or to protect her
against serious injury to her health. In these situations, in which a
woman and her family must make an awful choice, the Constitution
requires, as it should, that the ability to choose this procedure be
protected.
In the past several months, I have heard from women who desperately
wanted to have their babies, who were devastated to learn that their
babies had fatal conditions and would not live, who wanted anything
other than an abortion, but who were advised by their doctors that this
procedure was their best chance to avert the risk of death or grave
harm which, in some cases, would have included an inability to ever
bear children again. For these women, this was not about choice--not
about deciding against having a child. These babies were certain to
perish before, during or shortly after birth, and the only question was
how much grave damage was going to be done to the woman.
I cannot sign H.R. 1833, as passed, because it fails to protect women
in such dire circumstances--because by treating doctors who perform the
procedure in these tragic cases as criminals, the bill poses a danger
of serious harm to women. This bill, in curtailing the ability of women
and their doctors to choose the procedure for sound medical reasons,
violates the constitutional command that any law regulating abortion
protect both the life and the health of the woman. The bill's overbroad
criminal prohibition risks that women will suffer serious injury.
That is why I implored Congress to add an exemption for the small
number of compelling cases where selection of the procedure, in the
medical judgment of the attending physician, was necessary to preserve
the life of the woman or avert serious adverse consequences to her
health. The life exception in the current bill only covers cases where
the doctor believes that the woman will die. It fails to cover cases
where, absent the procedure, serious physical harm, often including
losing the ability to have more children, is very likely to occur. I
told Congress that I would sign H.R. 1833 if it were amended to add an
exception for serious health consequences. A bill amended in this way
would strike a proper balance, remedying the constitutional and human
defect of H.R. 1833. If such a bill were presented to me, I would sign
it now.
I understand the desire to eliminate the use of a procedure that
appears inhumane. But to eliminate it without taking into consideration
the rare and tragic circumstances in which its use may be necessary
would be even more inhumane.
The Congress chose not to adopt the sensible and constitutionally
appropriate proposal I made, instead leaving women unprotected against
serious health risks. As a result of this Congressional indifference to
women's health, I cannot, in good conscience and consistent with my
responsibility to uphold the law, sign this legislation.
William J. Clinton.
The White House, April 10, 1996.
The SPEAKER pro tempore, Mr. RIGGS, by unanimous consent, ordered
that the veto message, together with the accompanying bill, be printed
(H. Doc. 104-198) and spread upon the pages of the Journal of the
House.
On motion of Mr. CANADY, by unanimous consent, the veto message and
accompanying bill were referred to the Committee on the Judiciary.
para.39.22 congressional accountability with respect to house employees
Mr. THOMAS moved to suspend the rules and agree to the following
resolution (H. Res. 400):
Resolved,
SECTION 1. APPROVAL OF REGULATIONS.
(a) In General.--The regulations listed in subsection (b)
are hereby approved, insofar as such regulations apply to
employing offices and covered employees of the House of
Representatives.
(b) Regulations Approved.--The regulations referred to in
subsection (a) are the following regulations issued by the
Office of Compliance on January 22, 1996, as published in the
Congressional Record on January 22, 1996 (Volume 142, daily
edition), each beginning on the page indicated:
(1) Regulation on rights and protections under the Family
and Medical Leave Act of 1993, page S200.
[[Page 765]]
(2) Regulation on rights and protections under the Fair
Labor Standards Act of 1938, page S238.
(3) Regulation on use of lie detector tests by the
Capitol Police, page S261.
(4) Regulation on rights and protections under the
Employee Polygraph Protection Act of 1988, page S263.
(5) Regulation on rights and protections under the Worker
Adjustment and Retraining Notification Act, page S271.
The SPEAKER pro tempore, M. RIGGS, recognized Mr. THOMAS and Mr.
FAZIO, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. RIGGS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
para.39.23 educational assistance through office of compliance for
house employees
Mr. THOMAS moved to suspend the rules and agree to the following
resolution (H. Res. 401):
Resolved,
SECTION 1. INTERPRETATION AND ADVICE BY OFFICE OF COMPLIANCE.
In carrying out its duties under section 301(h) of the
Congressional Accountability Act of 1995, the Office of
Compliance shall, through interpretive bulletins, advisory
opinions, and other methods, provide educational assistance
to employing offices of the House of Representatives in the
same manner as, and to no lesser extent than, such assistance
is provided to other employers through the Department of
Labor with respect to laws made applicable to such offices
under that Act, except that any employees of the Office of
Compliance who provide such assistance may not participate in
deciding complaints filed under section 405 of the Act or in
deciding petitions for review filed under section 406 of the
Act.
SEC. 2. APPROVAL OF AMOUNT OF SETTLEMENT PAYMENTS.
No employing office of the House of Representatives may
enter into any settlement of a compliant under the
Congressional Accountability Act of 1995 which includes the
payment of funds unless the office has obtained the prior
approval of the chairman and the ranking minority party
member of the Committee on House Oversight of the House of
Representatives, acting jointly, regarding the amount of
funds to be paid.
The SPEAKER pro tempore, Mr. RIGGS, recognized Mr. THOMAS and Mr.
FAZIO, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. RIGGS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
TUESDAY, APRIL 16 (LEGISLATIVE DAY OF APRIL 15), 1996
para.39.24 final employment regulations for house and senate employees
Mr. THOMAS moved to suspend the rules and agree to the following
concurrent resolution of the Senate (S. Con. Res. 51):
Resolved by the Senate (the House of Representatives
concurring), That the following regulations issued by the
Office of Compliance on January 22, 1996, and applicable to
employing offices that are not employing offices of the House
of Representatives or the Senate, and to covered employees
who are not employees of the House of Representatives or the
Senate, are hereby approved as follows:
Part 825--Family and Medical Leave
825.1 Purpose and scope
825.2 [Reserved]
Subpart A--What is the Family and Medical Leave Act, and to Whom Does
it Apply under the Congressional Accountability Act?
825.100 What is the Family and Medical Leave Act?
825.101 What is the purpose of the FMLA?
825.102 When are the FMLA and the CAA effective for covered
employees and employing offices?
825.103 How does the FMLA, as made applicable by the CAA,
affect leave in progress on, or taken before, the
effective date of the CAA?
825.104 What employing offices are covered by the FMLA, as
made applicable by the CAA?
825.105 [Reserved]
825.106 How is ``joint employment'' treated under the FMLA
as made applicable by the CAA?
825.107--825.109 [Reserved]
825.110 Which employees are ``eligible'' to take FMLA leave
under these regulations?
825.111 [Reserved]
825.112 Under what kinds of circumstances are employing
offices required to grant family or medical leave?
825.113 What do ``spouse,'' ``parent,'' and ``son or
daughter'' mean for purposes of an employee qualifying to
take FMLA leave?
825.114 What is a ``serious health condition'' entitling an
employee to FMLA leave?
825.115 What does it mean that ``the employee is unable to
perform the functions of the position of the employee''?
825.116 What does it mean that an employee is ``needed to
care for'' a family member?
825.117 For an employee seeking intermittent FMLA leave or
leave on a reduced leave schedule, what is meant by ``the
medical necessity for'' such leave?
825.118 What is a ``health care provider''?
Subpart B--What Leave Is an Employee Entitled To Take Under The Family
and Medical Leave Act, as Made Applicable by the Congressional
Accountability Act?
825.200 How much leave may an employee take?
825.201 If leave is taken for the birth of a child, or for
placement of a child for adoption or foster care, when
must the leave be concluded?
825.202 How much leave may a husband and wife take if they
are employed by the same employing office?
825.203 Does FMLA leave have to be taken all at once, or can
it be taken in parts?
825.204 May an employing office transfer an employee to an
``alternative position'' in order to accommodate
intermittent leave or a reduced leave schedule?
825.205 How does one determine the amount of leave used
where an employee takes leave intermittently or on a
reduced leave schedule?
825.206 May an employing office deduct hourly amounts from
an employee's salary, when providing unpaid leave under
FMLA, as made applicable by the CAA, without affecting
the employee's qualification for exemption as an
executive, administrative, or professional employee, or
when utilizing the fluctuating workweek method for
payment of overtime, under the Fair Labor Standards Act?
825.207 Is FMLA leave paid or unpaid?
825.208 Under what circumstances may an employing office
designate leave, paid or unpaid, as FMLA leave and, as a
result, enable leave to be counted against the employee's
total FMLA leave entitlement?
825.209 Is an employee entitled to benefits while using FMLA
leave?
825.210 How may employees on FMLA leave pay their share of
group health benefit premiums?
825.211 What special health benefits maintenance rules apply
to multi-employer health plans?
825.212 What are the consequences of an employee's failure
to make timely health plan premium payments?
825.213 May an employing office recover costs it incurred
for maintaining ``group health plan'' or other non-health
benefits coverage during FMLA leave?
825.214 What are an employee's rights on returning to work
from FMLA leave?
825.215 What is an equivalent position?
825.216 Are there any limitations on an employing office's
obligation to reinstate an employee?
825.217 What is a ``key employee''?
825.218 What does ``substantial and grievous economic
injury'' mean?
825.219 What are the rights of a key employee?
825.220 How are employees protected who request leave or
otherwise assert FMLA rights?
Subpart C--How Do Employees Learn of Their Rights and Obligations under
the FMLA, as Made Applicable by the CAA, and What Can an Employing
Office Require of an Employee?
825.300 [Reserved]
825.301 What notices to employees are required of employing
offices under the FMLA as made applicable by the CAA?
825.302 What notice does an employee have to give an
employing office when the need for FMLA leave is
foreseeable?
825.303 What are the requirements for an employee to furnish
notice to an employing office where the need for FMLA
leave is not foreseeable?
825.304 What recourse do employing offices have if employees
fail to provide the required notice?
825.305 When must an employee provide medical certification
to support FMLA leave?
825.306 How much information may be required in medical
certifications of a serious health condition?
825.307 What may an employing office do if it questions the
adequacy of a medical certification?
825.308 Under what circumstances may an employing office
request subsequent recertifications of medical
conditions?
[[Page 766]]
825.309 What notice may an employing office require
regarding an employee's intent to return to work?
825.310 Under what circumstances may an employing office
require that an employee submit a medical certification
that the employee is able (or unable) to return to work
(i.e., a ``fitness-for-duty'' report)?
825.311 What happens if an employee fails to satisfy the
medical certification and/or recertification
requirements?
825.312 Under what circumstances may an employing office
refuse to provide FMLA leave or reinstatement to eligible
employees?
Subpart D--What Enforcement Mechanisms Does the CAA Provide?
825.400 What can employees do who believe that their rights
under the FMLA as made applicable by the CAA have been
violated?
825.401--825.404 [Reserved]
Subpart E--[Reserved]
Subpart F--What Special Rules Apply to Employees of Schools?
825.600 To whom do the special rules apply?
825.601 What limitations apply to the taking of intermittent
leave or leave on a reduced leave schedule?
825.602 What limitations apply to the taking of leave near
the end of an academic term?
825.603 Is all leave taken during ``periods of a particular
duration'' counted against the FMLA leave entitlement?
825.604 What special rules apply to restoration to ``an
equivalent position?''
Subpart G--How Do Other Laws, Employing Office Practices, and
Collective Bargaining Agreements Affect Employee Rights Under the FMLA
as Made Applicable by the CAA?
825.700 What if an employing office provides more generous
benefits than required by FMLA as Made Applicable by the
CAA?
825.701 [Reserved]
825.702 How does FMLA affect anti-discrimination laws as
applied by section 201 of the CAA?
Subpart H--Definitions
825.800 Definitions
Appendix A to Part 825--[Reserved]
Appendix B to Part 825--Certification of Physician or
Practitioner
Appendix C to Part 825--[Reserved]
Appendix D to Part 825--Prototype Notice: Employing Office
Response to Employee Request for Family and Medical Leave
Appendix E to Part 825--[Reserved]
Sec. 825.1 Purpose and scope
(a) Section 202 of the Congressional Accountability Act
(CAA) (2 U.S.C. 1312) applies the rights and protections of
sections 101 through 105 of the Family and Medical Leave Act
of 1993 (FMLA) (29 U.S.C. 2611-2615) to covered employees.
(The term ``covered employee'' is defined in section 101(3)
of the CAA (2 U.S.C. 1301(3)). See Sec. 825.800 of these
regulations for that definition.) The purpose of this part is
to set forth the regulations to carry out the provisions of
section 202 of the CAA.
(b) These regulations are issued by the Board of Directors,
Office of Compliance, pursuant to sections 202(d) and 304 of
the CAA, which direct the Board to promulgate regulations
implementing section 202 that are ``the same as substantive
regulations promulgated by the Secretary of Labor to
implement the statutory provisions referred to in subsection
(a) [of section 202 of the CAA] except insofar as the Board
may determine, for good cause shown . . . that a modification
of such regulations would be more effective for the
implementation of the rights and protections under this
section.'' The regulations issued by the Board herein are on
all matters for which section 202 of the CAA requires
regulations to be issued. Specifically, it is the Board's
considered judgment, based on the information available to it
at the time of the promulgation of these regulations, that,
with the exception of regulations adopted and set forth
herein, there are no other ``substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) [of
section 202 of the CAA].
(c) In promulgating these regulations, the Board has made
certain technical and nomenclature changes to the regulations
as promulgated by the Secretary. Such changes are intended to
make the provisions adopted accord more naturally to
situations in the legislative branch. However, by making
these changes, the Board does not intend a substantive
difference between these regulations and those of the
Secretary from which they are derived. Moreover, such
changes, in and of themselves, are not intended to constitute
an interpretation of the regulation or of the statutory
provisions of the CAA upon which they are based.
Sec. 825.2 [Reserved]
Subpart A--What is the Family and Medical Leave Act, and to Whom Does
it Apply under the Congressional Accountability Act?
Sec. 825.100 What is the Family and Medical Leave Act?
(a) The Family and Medical Leave Act of 1993 (FMLA), as
made applicable by the Congressional Accountability Act
(CAA), allows ``eligible'' employees of an employing office
to take job-protected, unpaid leave, or to substitute
appropriate paid leave if the employee has earned or accrued
it, for up to a total of 12 workweeks in any 12 months
because of the birth of a child and to care for the newborn
child, because of the placement of a child with the employee
for adoption or foster care, because the employee is needed
to care for a family member (child, spouse, or parent) with a
serious health condition, or because the employee's own
serious health condition makes the employee unable to perform
the functions of his or her job (see Sec. 825.306(b)(4)). In
certain cases, this leave may be taken on an intermittent
basis rather than all at once, or the employee may work a
part-time schedule.
(b) An employee on FMLA leave is also entitled to have
health benefits maintained while on leave as if the employee
had continued to work instead of taking the leave. If an
employee was paying all or part of the premium payments prior
to leave, the employee would continue to pay his or her share
during the leave period. The employing office, or a
disbursing or other financial office of the House of
Representatives or the Senate may recover its share only if
the employee does not return to work for a reason other than
the serious health condition of the employee or the
employee's immediate family member, or another reason beyond
the employee's control.
(c) An employee generally has a right to return to the same
position or an equivalent position with equivalent pay,
benefits and working conditions at the conclusion of the
leave. The taking of FMLA leave cannot result in the loss of
any benefit that accrued prior to the start of the leave.
(d) The employing office has a right to 30 days advance
notice from the employee where practicable. In addition, the
employing office may require an employee to submit
certification from a health care provider to substantiate
that the leave is due to the serious health condition of the
employee or the employee's immediate family member. Failure
to comply with these requirements may result in a delay in
the start of FMLA leave. Pursuant to a uniformly applied
policy, the employing office may also require that an
employee present a certification of fitness to return to work
when the absence was caused by the employee's serious health
condition (see Sec. 825.311(c)). The employing office may
delay restoring the employee to employment without such
certificate relating to the health condition which caused the
employee's absence.
Sec. 825.101 What is the purpose of the FMLA?
(a) FMLA is intended to allow employees to balance their
work and family life by taking reasonable unpaid leave for
medical reasons, for the birth or adoption of a child, and
for the care of a child, spouse, or parent who has a serious
health condition. The FMLA is intended to balance the demands
of the workplace with the needs of families, to promote the
stability and economic security of families, and to promote
national interests in preserving family integrity. It was
intended that the FMLA accomplish these purposes in a manner
that accommodates the legitimate interests of employers, and
in a manner consistent with the Equal Protection Clause of
the Fourteenth Amendment in minimizing the potential for
employment discrimination on the basis of sex, while
promoting equal employment opportunity for men and women.
(b) The enactment of FMLA was predicated on two fundamental
concerns ``the needs of the American workforce, and the
development of high-performance organizations. Increasingly,
America's children and elderly are dependent upon family
members who must spend long hours at work. When a family
emergency arises, requiring workers to attend to seriously-
ill children or parents, or to newly-born or adopted infants,
or even to their own serious illness, workers need
reassurance that they will not be asked to choose between
continuing their employment, and meeting their personal and
family obligations or tending to vital needs at home.
(c) The FMLA is both intended and expected to benefit
employers as well as their employees. A direct correlation
exists between stability in the family and productivity in
the workplace. FMLA will encourage the development of high-
performance organizations. When workers can count on durable
links to their workplace they are able to make their own full
commitments to their jobs. The record of hearings on family
and medical leave indicate the powerful productive advantages
of stable workplace relationships, and the comparatively
small costs of guaranteeing that those relationships will not
be dissolved while workers attend to pressing family health
obligations or their own serious illness.
Sec. 825.102 When are the FMLA and the CAA effective for
covered employees and employing offices?
(a) The rights and protection of sections 101 through 105
of the FMLA have applied to certain Senate employees and
certain employing offices of the Senate since August 5, 1993
(see section 501 of FMLA).
(b) The rights and protection of sections 101 through 105
of the FMLA have applied to any employee in an employment
position and any employment authority of the House of
Representatives since August 5, 1993 (see section 502 of
FMLA).
(c) The rights and protections of sections 101 through 105
of the FMLA have applied to certain employing offices and
covered employees other than those referred to in paragraphs
(a) and (b) of this section for certain periods since August
5, 1993 (see, e.g., Title V of the FMLA, sections 501 and
502).
(d) The provisions of section 202 of the CAA that apply
rights and protections of the
[[Page 767]]
FMLA to covered employees are effective on January 23, 1996.
(e) The period prior to the effective date of the
application of FMLA rights and protections under the CAA must
be considered in determining employee eligibility.
Sec. 825.103 How does the FMLA, as made applicable by the
CAA, affect leave in progress on, or taken before, the
effective date of the CAA?
(a) An eligible employee's right to take FMLA leave began
on the date that the rights and protections of the FMLA first
went into effect for the employing office and employee (see
Sec. 825.102(a)). Any leave taken prior to the date on which
the rights and protections of the FMLA first became effective
for the employing office from which the leave was taken may
not be counted for purposes of the FMLA as made applicable by
the CAA. If leave qualifying as FMLA leave was underway prior
to the effective date of the FMLA for the employing office
from which the leave was taken and continued after the FMLA's
effective date for that office, only that portion of leave
taken on or after the FMLA's effective date may be counted
against the employee's leave entitlement under the FMLA, as
made applicable by the CAA.
(b) If an employing office-approved leave is underway when
the application of the FMLA by the CAA takes effect, no
further notice would be required of the employee unless the
employee requests an extension of the leave. For leave which
commenced on the effective date or shortly thereafter, such
notice must have been given which was practicable,
considering the foreseeability of the need for leave and the
effective date.
(c) Starting on January 23, 1996, an employee is entitled
to FMLA leave under these regulations if the reason for the
leave is qualifying under the FMLA, as made applicable by the
CAA, even if the event occasioning the need for leave (e.g.,
the birth of a child) occurred before such date (so long as
any other requirements are satisfied).
Sec. 825.104 What employing offices are covered by the FMLA,
as made applicable by the CAA?
(a) The FMLA, as made applicable by the CAA, covers all
employing offices. As used in the CAA, the term ``employing
office'' means--
(1) the personal office of a Member of the House of
Representatives or of a Senator;
(2) a committee of the House of Representatives or the
Senate or a joint committee;
(3) any other office headed by a person with the final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an employee of
the House of Representatives or the Senate; or
(4) the Capitol Guide Board, the Capitol Police Board, the
Congressional Budget Office, the Office of the Architect of
the Capitol, the Office of the Attending Physician, the
Office of Compliance, and the Office of Technology
Assessment.
(b) [Reserved]
(c) Separate entities will be deemed to be parts of a
single employer for purposes of the FMLA, as made applicable
by the CAA, if they meet the ``integrated employer'' test. A
determination of whether or not separate entities are an
integrated employer is not determined by the application of
any single criterion, but rather the entire relationship is
to be reviewed in its totality. Factors considered in
determining whether two or more entities are an integrated
employer include:
(i) Common management;
(ii) Interrelation between operations;
(iii) Centralized control of labor relations; and
(iv) Degree of common financial control.
Sec. 825.105 [Reserved]
Sec. 825.106 How is ``joint employment'' treated under the
FMLA as made applicable by the CAA?
(a) Where two or more employing offices exercise some
control over the work or working conditions of the employee,
the employing offices may be joint employers under FMLA, as
made applicable by the CAA. Where the employee performs work
which simultaneously benefits two or more employing offices,
or works for two or more employing offices at different times
during the workweek, a joint employment relationship
generally will be considered to exist in situations such as:
(1) Where there is an arrangement between employing offices
to share an employee's services or to interchange employees;
(2) Where one employing office acts directly or indirectly
in the interest of the other employing office in relation to
the employee; or
(3) Where the employing offices are not completely
disassociated with respect to the employee's employment and
may be deemed to share control of the employee, directly or
indirectly, because one employing office controls, is
controlled by, or is under common control with the other
employing office.
(b) A determination of whether or not a joint employment
relationship exists is not determined by the application of
any single criterion, but rather the entire relationship is
to be viewed in its totality. For example, joint employment
will ordinarily be found to exist when: (1) an employee, who
is employed by an employing office other than the personal
office of a Member of the House of Representatives or of a
Senator, is under the actual direction and control of the
Member of the House of Representatives or Senator; or
(2) two or more employing offices employ an individual to
work on common issues or other matters for both or all of
them.
(c) When employing offices employ a covered employee
jointly, they may designate one of themselves to be the
primary employing office, and the other or others to be the
secondary employing office(s). Such a designation shall be
made by written notice to the covered employee.
(d) If an employing office is designated a primary
employing office pursuant to paragraph (c) of this section,
only that employing office is responsible for giving required
notices to the covered employee, providing FMLA leave, and
maintenance of health benefits. Job restoration is the
primary responsibility of the primary employing office, and
the secondary employing office(s) may, subject to the
limitations in Sec. 825.216, be responsible for accepting the
employee returning from FMLA leave.
(e) If employing offices employ an employee jointly, but
fail to designate a primary employing office pursuant to
paragraph (c) of this section, then all of these employing
offices shall be jointly and severally liable for giving
required notices to the employee, for providing FMLA leave,
for assuring that health benefits are maintained, and for job
restoration. The employee may give notice of need for FMLA
leave, as described in Sec. Sec. 825.302 and 825.303, to
whichever of these employing offices the employee chooses. If
the employee makes a written request for restoration to one
of these employing offices, that employing office shall be
primarily responsible for job restoration, and the other
employing office(s) may, subject to the limitations in
Sec. 825.216, be responsible for accepting the employee
returning from FMLA leave.
Sec. 825.107 [Reserved]
Sec. 825.108 [Reserved]
Sec. 825.109 [Reserved]
Sec. 825.110 Which employees are ``eligible'' to take FMLA
leave under these regulations?
(a) An ``eligible employee'' under these regulations means
a covered employee who has been employed in any employing
office for 12 months and for at least 1,250 hours of
employment during the previous 12 months.
(b) The 12 months an employee must have been employed by
any employing office need not be consecutive months. If an
employee worked for two or more employing offices
sequentially, the time worked will be aggregated to determine
whether it equals 12 months. If an employee is maintained on
the payroll for any part of a week, including any periods of
paid or unpaid leave (sick, vacation) during which other
benefits or compensation are provided by the employer (e.g.,
workers' compensation, group health plan benefits, etc.), the
week counts as a week of employment. For purposes of
determining whether intermittent/occasional/casual employment
qualifies as ``at least 12 months,'' 52 weeks is deemed to be
equal to 12 months.
(c) If an employee was employed by two or more employing
offices, either sequentially or concurrently, the hours of
service will be aggregated to determine whether the minimum
of 1,250 hours has been reached. Whether an employee has
worked the minimum 1,250 hours of service is determined
according to the principles established under the Fair Labor
Standards Act (FLSA) , as applied by section 203 of the CAA
(2 U.S.C. 1313), for determining compensable hours of work.
The determining factor is the number of hours an employee has
worked for one or more employing offices. The determination
is not limited by methods of record-keeping, or by
compensation agreements that do not accurately reflect all of
the hours an employee has worked for or been in service to
the employing office. Any accurate accounting of actual hours
worked may be used. For this purpose, full-time teachers (see
Sec. 825.800 for definition) of an elementary or secondary
school system, or institution of higher education, or other
educational establishment or institution are deemed to meet
the 1,250 hour test. An employing office must be able to
clearly demonstrate that such an employee did not work 1,250
hours during the previous 12 months in order to claim that
the employee is not ``eligible'' for FMLA leave.
(d) The determinations of whether an employee has worked
for any employing office for at least 1,250 hours in the
previous 12 months and has been employed by any employing
office for a total of at least 12 months must be made as of
the date leave commences. The ``previous 12 months'' means
the 12 months immediately preceding the commencement of the
leave. If an employee notifies the employing office of need
for FMLA leave before the employee meets these eligibility
criteria, the employing office must either confirm the
employee's eligibility based upon a projection that the
employee will be eligible on the date leave would commence or
must advise the employee when the eligibility requirement is
met. If the employing office confirms eligibility at the time
the notice for leave is received, the employing office may
not subsequently challenge the employee's eligibility. In the
latter case, if the employing office does not advise the
employee whether the employee is eligible as soon as
practicable (i.e., two business days absent extenuating
circumstances) after the date employee eligibility is
determined, the employee will have satisfied the notice
requirements and the notice of leave is considered current
and out
[[Page 768]]
standing until the employing office does advise. If the
employing office fails to advise the employee whether the
employee is eligible prior to the date the requested leave is
to commence, the employee will be deemed eligible. The
employing office may not, then, deny the leave. Where the
employee does not give notice of the need for leave more than
two business days prior to commencing leave, the employee
will be deemed to be eligible if the employing office fails
to advise the employee that the employee is not eligible
within two business days of receiving the employee's notice.
(e) The period prior to the effective date of the
application of FMLA rights and protections under the CAA must
be considered in determining employee's eligibility.
(f) [Reserved]
Sec. 825.111 [Reserved]
Sec. 825.112 Under what kinds of circumstances are employing
offices required to grant family or medical leave?
(a) Employing offices are required to grant leave to
eligible employees:
(1) For birth of a son or daughter, and to care for the
newborn child;
(2) For placement with the employee of a son or daughter
for adoption or foster care;
(3) To care for the employee's spouse, son, daughter, or
parent with a serious health condition; and
(4) Because of a serious health condition that makes the
employee unable to perform the functions of the employee's
job.
(b) The right to take leave under FMLA as made applicable
by the CAA applies equally to male and female employees. A
father, as well as a mother, can take family leave for the
birth, placement for adoption or foster care of a child.
(c) Circumstances may require that FMLA leave begin before
the actual date of birth of a child. An expectant mother may
take FMLA leave pursuant to paragraph (a)(4) of this section
before the birth of the child for prenatal care or if her
condition makes her unable to work.
(d) Employing offices are required to grant FMLA leave
pursuant to paragraph (a)(2) of this section before the
actual placement or adoption of a child if an absence from
work is required for the placement for adoption or foster
care to proceed. For example, the employee may be required to
attend counseling sessions, appear in court, consult with his
or her attorney or the doctor(s) representing the birth
parent, or submit to a physical examination. The source of an
adopted child (e.g., whether from a licensed placement agency
or otherwise) is not a factor in determining eligibility for
leave for this purpose.
(e) Foster care is 24-hour care for children in
substitution for, and away from, their parents or guardian.
Such placement is made by or with the agreement of the State
as a result of a voluntary agreement between the parent or
guardian that the child be removed from the home, or pursuant
to a judicial determination of the necessity for foster care,
and involves agreement between the State and foster family
that the foster family will take care of the child. Although
foster care may be with relatives of the child, State action
is involved in the removal of the child from parental
custody.
(f) In situations where the employer/employee relationship
has been interrupted, such as an employee who has been on
layoff, the employee must be recalled or otherwise be re-
employed before being eligible for FMLA leave. Under such
circumstances, an eligible employee is immediately entitled
to further FMLA leave for a qualifying reason.
(g) FMLA leave is available for treatment for substance
abuse provided the conditions of Sec. 825.114 are met.
However, treatment for substance abuse does not prevent an
employing office from taking employment action against an
employee. The employing office may not take action against
the employee because the employee has exercised his or her
right to take FMLA leave for treatment. However, if the
employing office has an established policy, applied in a non-
discriminatory manner that has been communicated to all
employees, that provides under certain circumstances an
employee may be terminated for substance abuse, pursuant to
that policy the employee may be terminated whether or not the
employee is presently taking FMLA leave. An employee may also
take FMLA leave to care for an immediate family member who is
receiving treatment for substance abuse. The employing office
may not take action against an employee who is providing care
for an immediate family member receiving treatment for
substance abuse.
Sec. 825.113 What do ``spouse,'' ``parent,'' and ``son or
daughter'' mean for purposes of an employee qualifying to
take FMLA leave?
(a) Spouse means a husband or wife as defined or recognized
under State law for purposes of marriage in the State where
the employee resides, including common law marriage in States
where it is recognized.
(b) Parent means a biological parent or an individual who
stands or stood in loco parentis to an employee when the
employee was a son or daughter as defined in (c) below. This
term does not include parents ``in law''.
(c) Son or daughter means a biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a person
standing in loco parentis, who is either under age 18, or age
18 or older and ``incapable of self-care because of a mental
or physical disability.''
(1) ``Incapable of self-care'' means that the individual
requires active assistance or supervision to provide daily
self-care in three or more of the ``activities of daily
living'' (ADLs) or ``instrumental activities of daily
living'' (IADLs). Activities of daily living include adaptive
activities such as caring appropriately for one's grooming
and hygiene, bathing, dressing and eating. Instrumental
activities of daily living include cooking, cleaning,
shopping, taking public transportation, paying bills,
maintaining a residence, using telephones and directories,
using a post office, etc.
(2) ``Physical or mental disability'' means a physical or
mental impairment that substantially limits one or more of
the major life activities of an individual. See the Americans
with Disabilities Act (ADA), as made applicable by section
201(a)(3) of the CAA (2 U.S.C. 1311(a)(3)).
(3) Persons who are ``in loco parentis'' include those with
day-to-day responsibilities to care for and financially
support a child or, in the case of an employee, who had such
responsibility for the employee when the employee was a
child. A biological or legal relationship is not necessary.
(d) For purposes of confirmation of family relationship,
the employing office may require the employee giving notice
of the need for leave to provide reasonable documentation or
statement of family relationship. This documentation may take
the form of a simple statement from the employee, or a
child's birth certificate, a court document, etc. The
employing office is entitled to examine documentation such as
a birth certificate, etc., but the employee is entitled to
the return of the official document submitted for this
purpose.
Sec. 825.114 What is a ``serious health condition''
entitling an employee to FMLA leave?
(a) For purposes of FMLA, ``serious health condition''
entitling an employee to FMLA leave means an illness, injury,
impairment, or physical or mental condition that involves:
(1) Inpatient care (i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any
period of incapacity (for purposes of this section, defined
to mean inability to work, attend school or perform other
regular daily activities due to the serious health condition,
treatment therefor, or recovery therefrom), or any subsequent
treatment in connection with such inpatient care; or
(2) Continuing treatment by a health care provider. A
serious health condition involving continuing treatment by a
health care provider includes any one or more of the
following:
(i) A period of incapacity (i.e., inability to work, attend
school or perform other regular daily activities due to the
serious health condition, treatment therefor, or recovery
therefrom) of more than three consecutive calendar days, and
any subsequent treatment or period of incapacity relating to
the same condition, that also involves:
(A) Treatment two or more times by a health care provider,
by a nurse or physician's assistant under direct supervision
of a health care provider, or by a provider of health care
services (e.g., physical therapist) under orders of, or on
referral by, a health care provider; or
(B) Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
under the supervision of the health care provider.
(ii) Any period of incapacity due to pregnancy, or for
prenatal care.
(iii) Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A
chronic serious health condition is one which:
(A) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(B) Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
(C) May cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.).
(iv) A period of incapacity which is permanent or long-term
due to a condition for which treatment may not be effective.
The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment
by, a health care provider. Examples include Alzheimer's, a
severe stroke, or the terminal stages of a disease.
(v) Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care
provider or by a provider of health care services under
orders of, or on referral by, a health care provider, either
for restorative surgery after an accident or other injury, or
for a condition that would likely result in a period of
incapacity of more than three consecutive calendar days in
the absence of medical intervention or treatment, such as
cancer (chemotherapy, radiation, etc.), severe arthritis
(physical therapy), kidney disease (dialysis).
(b) Treatment for purposes of paragraph (a) of this section
includes (but is not limited to) examinations to determine if
a serious health condition exists and evaluations of the
condition. Treatment does not include routine physical
examinations, eye examinations, or dental examinations. Under
paragraph (a)(2)(i)(B), a regimen of continuing treatment
includes, for example, a course of prescription medication
(e.g., an antibiotic) or therapy requiring special equipment
to resolve or alleviate the health condition (e.g., oxygen).
A regimen of continuing treatment that includes the taking of
over-the-counter
[[Page 769]]
medications such as aspirin, antihistamines, or salves; or
bed-rest, drinking fluids, exercise, and other similar
activities that can be initiated without a visit to a health
care provider, is not, by itself, sufficient to constitute a
regimen of continuing treatment for purposes of FMLA leave.
(c) Conditions for which cosmetic treatments are
administered (such as most treatments for acne or plastic
surgery) are not ``serious health conditions'' unless
inpatient hospital care is required or unless complications
develop. Ordinarily, unless complications arise, the common
cold, the flu, ear aches, upset stomach, minor ulcers,
headaches other than migraine, routine dental or orthodontia
problems, periodontal disease, etc., are examples of
conditions that do not meet the definition of a serious
health condition and do not qualify for FMLA leave.
Restorative dental or plastic surgery after an injury or
removal of cancerous growths are serious health conditions
provided all the other conditions of this regulation are met.
Mental illness resulting from stress or allergies may be
serious health conditions, but only if all the conditions of
this section are met.
(d) Substance abuse may be a serious health condition if
the conditions of this section are met. However, FMLA leave
may only be taken for treatment for substance abuse by a
health care provider or by a provider of health care services
on referral by a health care provider. On the other hand,
absence because of the employee's use of the substance,
rather than for treatment, does not qualify for FMLA leave.
(e) Absences attributable to incapacity under paragraphs
(a)(2)(ii) or (iii) qualify for FMLA leave even though the
employee or the immediate family member does not receive
treatment from a health care provider during the absence, and
even if the absence does not last more than three days. For
example, an employee with asthma may be unable to report for
work due to the onset of an asthma attack or because the
employee's health care provider has advised the employee to
stay home when the pollen count exceeds a certain level. An
employee who is pregnant may be unable to report to work
because of severe morning sickness.
Sec. 825.115 What does it mean that ``the employee is unable
to perform the functions of the position of the
employee''?
An employee is ``unable to perform the functions of the
position'' where the health care provider finds that the
employee is unable to work at all or is unable to perform any
one of the essential functions of the employee's position
within the meaning of the Americans with Disabilities Act
(ADA), as made applicable by section 201(a)(3) of the CAA (2
U.S.C. 1311(a)(3)). An employee who must be absent from work
to receive medical treatment for a serious health condition
is considered to be unable to perform the essential functions
of the position during the absence for treatment. An
employing office has the option, in requiring certification
from a health care provider, to provide a statement of the
essential functions of the employee's position for the health
care provider to review. For purposes of FMLA, the essential
functions of the employee's position are to be determined
with reference to the position the employee held at the time
notice is given or leave commenced, whichever is earlier.
Sec. 825.116 What does it mean that an employee is ``needed
to care for'' a family member?
(a) The medical certification provision that an employee is
``needed to care for'' a family member encompasses both
physical and psychological care. It includes situations
where, for example, because of a serious health condition,
the family member is unable to care for his or her own basic
medical, hygienic, or nutritional needs or safety, or is
unable to transport himself or herself to the doctor, etc.
The term also includes providing psychological comfort and
reassurance which would be beneficial to a child, spouse or
parent with a serious health condition who is receiving
inpatient or home care.
(b) The term also includes situations where the employee
may be needed to fill in for others who are caring for the
family member, or to make arrangements for changes in care,
such as transfer to a nursing home.
(c) An employee's intermittent leave or a reduced leave
schedule necessary to care for a family member includes not
only a situation where the family member's condition itself
is intermittent, but also where the employee is only needed
intermittently ``such as where other care is normally
available, or care responsibilities are shared with another
member of the family or a third party.
Sec. 825.117 For an employee seeking intermittent FMLA leave
or leave on a reduced leave schedule, what is meant by
``the medical necessity for'' such leave?
For intermittent leave or leave on a reduced leave
schedule, there must be a medical need for leave (as
distinguished from voluntary treatments and procedures) and
it must be that such medical need can be best accommodated
through an intermittent or reduced leave schedule. The
treatment regimen and other information described in the
certification of a serious health condition (see
Sec. 825.306) meets the requirement for certification of the
medical necessity of intermittent leave or leave on a reduced
leave schedule. Employees needing intermittent FMLA leave or
leave on a reduced leave schedule must attempt to schedule
their leave so as not to disrupt the employing office's
operations. In addition, an employing office may assign an
employee to an alternative position with equivalent pay and
benefits that better accommodates the employee's intermittent
or reduced leave schedule.
Sec. 825.118 What is a ``health care provider''?
(a)(1) The term ``health care provider'' means:
(i) A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery (as appropriate) by the State in
which the doctor practices; or
(ii) Any other person determined by the Office of
Compliance to be capable of providing health care services.
(2) In making a determination referred to in subparagraph
(1)(ii), and absent good cause shown to do otherwise, the
Office of Compliance will follow any determination made by
the Secretary of Labor (under section 101(6)(B) of the FMLA,
29 U.S.C. 2611(6)(B)) that a person is capable of providing
health care services, provided the Secretary's determination
was not made at the request of a person who was then a
covered employee.
(b) Others ``capable of providing health care services''
include only:
(1) Podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors (limited to treatment
consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized to
practice in the State and performing within the scope of
their practice as defined under State law;
(2) Nurse practitioners, nurse-midwives and clinical social
workers who are authorized to practice under State law and
who are performing within the scope of their practice as
defined under State law;
(3) Christian Science practitioners listed with the First
Church of Christ, Scientist in Boston, Massachusetts. Where
an employee or family member is receiving treatment from a
Christian Science practitioner, an employee may not object to
any requirement from an employing office that the employee or
family member submit to examination (though not treatment) to
obtain a second or third certification from a health care
provider other than a Christian Science practitioner except
as otherwise provided under applicable State or local law or
collective bargaining agreement.
(4) Any health care provider from whom an employing office
or the employing office's group health plan's benefits
manager will accept certification of the existence of a
serious health condition to substantiate a claim for
benefits; and
(5) A health care provider listed above who practices in a
country other than the United States, who is authorized to
practice in accordance with the law of that country, and who
is performing within the scope of his or her practice as
defined under such law.
(c) The phrase ``authorized to practice in the State'' as
used in this section means that the provider must be
authorized to diagnose and treat physical or mental health
conditions without supervision by a doctor or other health
care provider.
Subpart B--What Leave Is an Employee Entitled To Take Under the Family
and Medical Leave Act, as Made Applicable by the Congressional
Accountability Act?
Sec. 825.200 How much leave may an employee take?
(a) An eligible employee's FMLA leave entitlement is
limited to a total of 12 workweeks of leave during any 12-
month period for any one, or more, of the following reasons:
(1) The birth of the employee's son or daughter, and to
care for the newborn child;
(2) The placement with the employee of a son or daughter
for adoption or foster care, and to care for the newly placed
child;
(3) To care for the employee's spouse, son, daughter, or
parent with a serious health condition; and,
(4) Because of a serious health condition that makes the
employee unable to perform one or more of the essential
functions of his or her job.
(b) An employing office is permitted to choose any one of
the following methods for determining the ``12-month period''
in which the 12 weeks of leave entitlement occurs:
(1) The calendar year;
(2) Any fixed 12-month ``leave year,'' such as a fiscal
year or a year starting on an employee's ``anniversary''
date;
(3) The 12-month period measured forward from the date any
employee's first FMLA leave begins; or
(4) A ``rolling'' 12-month period measured backward from
the date an employee uses any FMLA leave (except that such
measure may not extend back before the date on which the
application of FMLA rights and protections first becomes
effective for the employing office; see Sec. 825.102).
(c) Under methods in paragraphs (b)(1) and (b)(2) of this
section an employee would be entitled to up to 12 weeks of
FMLA leave at any time in the fixed 12-month period selected.
An employee could, therefore, take 12 weeks of leave at the
end of the year and 12 weeks at the beginning of the
following year. Under the method in paragraph (b)(3) of this
section, an employee would be entitled to 12 weeks of leave
during the year beginning on the first date FMLA leave is
taken; the next 12-month period would begin the first time
FMLA leave is taken after completion of any previous 12-month
period. Under the method in paragraph (b)(4) of this section,
the ``rolling'' 12-month period, each time an employee takes
FMLA leave the remaining leave entitlement would be any
balance of the 12 weeks which has not been used during the
immediately preceding 12 months. For exam
[[Page 770]]
ple, if an employee has taken eight weeks of leave during the
past 12 months, an additional four weeks of leave could be
taken. If an employee used four weeks beginning February 1,
1997, four weeks beginning June 1, 1997, and four weeks
beginning December 1, 1997, the employee would not be
entitled to any additional leave until February 1, 1998.
However, beginning on February 1, 1998, the employee would be
entitled to four weeks of leave, on June 1 the employee would
be entitled to an additional four weeks, etc.
(d)(1) Employing offices will be allowed to choose any one
of the alternatives in paragraph (b) of this section provided
the alternative chosen is applied consistently and uniformly
to all employees. An employing office wishing to change to
another alternative is required to give at least 60 days
notice to all employees, and the transition must take place
in such a way that the employees retain the full benefit of
12 weeks of leave under whichever method affords the greatest
benefit to the employee. Under no circumstances may a new
method be implemented in order to avoid the CAA's FMLA leave
requirements.
(2) [Reserved]
(e) If an employing office fails to select one of the
options in paragraph (b) of this section for measuring the
12-month period, the option that provides the most beneficial
outcome for the employee will be used. The employing office
may subsequently select an option only by providing the 60-
day notice to all employees of the option the employing
office intends to implement. During the running of the 60-day
period any other employee who needs FMLA leave may use the
option providing the most beneficial outcome to that
employee. At the conclusion of the 60-day period the
employing office may implement the selected option.
(f) For purposes of determining the amount of leave used by
an employee, the fact that a holiday may occur within the
week taken as FMLA leave has no effect; the week is counted
as a week of FMLA leave. However, if for some reason the
employing office's activity has temporarily ceased and
employees generally are not expected to report for work for
one or more weeks (e.g., a school closing two weeks for the
Christmas/New Year holiday or the summer vacation or an
employing office closing the office for repairs), the days
the employing office's activities have ceased do not count
against the employee's FMLA leave entitlement. Methods for
determining an employee's 12-week leave entitlement are also
described in Sec. 825.205.
(g)(1) If employing offices jointly employ an employee, and
if they designate a primary employer pursuant to
Sec. 825.106(c), the primary employer may choose any one of
the alternatives in paragraph (b) of this section for
measuring the 12-month period, provided that the alternative
chosen is applied consistently and uniformly to all employees
of the primary employer including the jointly employed
employee.
(2) If employing offices fail to designated a primary
employer pursuant to Sec. 825.106(c), an employee jointly
employed by the employing offices may, by so notifying one of
the employing offices, select that employing office to be the
primary employer of the employee for purposes of the
application of paragraphs (d) and (e) of this section.
Sec. 825.201 If leave is taken for the birth of a child, or
for placement of a child for adoption or foster care,
when must the leave be concluded?
An employee's entitlement to leave for a birth or placement
for adoption or foster care expires at the end of the 12-
month period beginning on the date of the birth or placement,
unless the employing office permits leave to be taken for a
longer period. Any such FMLA leave must be concluded within
this one-year period.
Sec. 825.202 How much leave may a husband and wife take if
they are employed by the same employing office?
(a) A husband and wife who are eligible for FMLA leave and
are employed by the same employing office may be limited to a
combined total of 12 weeks of leave during any 12-month
period if the leave is taken:
(1) for birth of the employee's son or daughter or to care
for the child after birth;
(2) for placement of a son or daughter with the employee
for adoption or foster care, or to care for the child after
placement; or
(3) to care for the employee's parent with a serious health
condition.
(b) This limitation on the total weeks of leave applies to
leave taken for the reasons
(c) Where the husband and wife both use a portion of the
total 12-week FMLA leave entitlement for one of the purposes
in paragraph (a) of this section, the husband and wife would
each be entitled to the difference between the amount he or
she has taken individually and 12 weeks for FMLA leave for a
purpose other than those contained in paragraph (a) of this
section. For example, if each spouse took 6 weeks of leave to
care for a healthy, newborn child, each could use an
additional 6 weeks due to his or her own serious health
condition or to care for a child with a serious health
condition.
Sec. 825.203 Does FMLA leave have to be taken all at once,
or can it be taken in parts?
(a) FMLA leave may be taken ``intermittently or on a
reduced leave schedule'' under certain circumstances.
Intermittent leave is FMLA leave taken in separate blocks of
time due to a single qualifying reason. A reduced leave
schedule is a leave schedule that reduces an employee's usual
number of working hours per work week, or hours per workday.
A reduced leave schedule is a change in the employee's
schedule for a period of time, normally from full-time to
part-time.
(b) When leave is taken after the birth or placement of a
child for adoption or foster care, an employee may take leave
intermittently or on a reduced leave schedule only if the
employing office agrees. Such a schedule reduction might
occur, for example, where an employee, with the employing
office's agreement, works part-time after the birth of a
child, or takes leave in several segments. The employing
office's agreement is not required, however, for leave during
which the mother has a serious health condition in connection
with the birth of her child or if the newborn child has a
serious health condition.
(c) Leave may be taken intermittently or on a reduced leave
schedule when medically necessary for planned and/or
unanticipated medical treatment of a related serious health
condition by or under the supervision of a health care
provider, or for recovery from treatment or recovery from a
serious health condition. It may also be taken to provide
care or psychological comfort to an immediate family member
with a serious health condition.
(1) Intermittent leave may be taken for a serious health
condition which requires treatment by a health care provider
periodically, rather than for one continuous period of time,
and may include leave of periods from an hour or more to
several weeks. Examples of intermittent leave would include
leave taken on an occasional basis for medical appointments,
or leave taken several days at a time spread over a period of
six months, such as for chemotherapy. A pregnant employee may
take leave intermittently for prenatal examinations or for
her own condition, such as for periods of severe morning
sickness. An example of an employee taking leave on a reduced
leave schedule is an employee who is recovering from a
serious health condition and is not strong enough to work a
full-time schedule.
(2) Intermittent or reduced schedule leave may be taken for
absences where the employee or family member is incapacitated
or unable to perform the essential functions of the position
because of a chronic serious health condition even if he or
she does not receive treatment by a health care provider.
(d) There is no limit on the size of an increment of leave
when an employee takes intermittent leave or leave on a
reduced leave schedule. However, an employing office may
limit leave increments to the shortest period of time that
the employing office's payroll system uses to account for
absences or use of leave, provided it is one hour or less.
For example, an employee might take two hours off for a
medical appointment, or might work a reduced day of four
hours over a period of several weeks while recuperating from
an illness. An employee may not be required to take more FMLA
leave than necessary to address the circumstance that
precipitated the need for the leave, except as provided in
Sec. Sec. 825.601 and 825.602.
Sec. 825.204 May an employing office transfer an employee to
an ``alternative position'' in order to accommodate
intermittent leave or a reduced leave schedule?
(a) If an employee needs intermittent leave or leave on a
reduced leave schedule that is foreseeable based on planned
medical treatment for the employee or a family member,
including during a period of recovery from a serious health
condition, or if the employing office agrees to permit
intermittent or reduced schedule leave for the birth of a
child or for placement of a child for adoption or foster
care, the employing office may require the employee to
transfer temporarily, during the period the intermittent or
reduced leave schedule is required, to an available
alternative position for which the employee is qualified and
which better accommodates recurring periods of leave than
does the employee's regular position. See Sec. 825.601 for
special rules applicable to instructional employees of
schools.
(b) Transfer to an alternative position may require
compliance with any applicable collective bargaining
agreement and any applicable law (such as the Americans with
Disabilities Act, as made applicable by the CAA). Transfer to
an alternative position may include altering an existing job
to better accommodate the employee's need for intermittent or
reduced leave.
(c) The alternative position must have equivalent pay and
benefits. An alternative position for these purposes does not
have to have equivalent duties. The employing office may
increase the pay and benefits of an existing alternative
position, so as to make them equivalent to the pay and
benefits of the employee's regular job. The employing office
may also transfer the employee to a part-time job with the
same hourly rate of pay and benefits, provided the employee
is not required to take more leave than is medically
necessary. For example, an employee desiring to take leave in
increments of four hours per day could be transferred to a
half-time job, or could remain in the employee's same job on
a part-time schedule, paying the same hourly rate as the
employee's previous job and enjoying the same benefits. The
employing office may not eliminate benefits which otherwise
would not be provided to part-time employees; however, an
employing office may proportionately reduce benefits such as
vacation leave where an employing office's normal practice is
to base such benefits on the number of hours worked.
(d) An employing office may not transfer the employee to an
alternative position in
[[Page 771]]
order to discourage the employee from taking leave or
otherwise work a hardship on the employee. For example, a
white collar employee may not be assigned to perform
laborer's work; an employee working the day shift may not be
reassigned to the graveyard shift; an employee working in the
headquarters facility may not be reassigned to a branch a
significant distance away from the employee's normal job
location. Any such attempt on the part of the employing
office to make such a transfer will be held to be contrary to
the prohibited-acts provisions of the FMLA, as made
applicable by the CAA.
(e) When an employee who is taking leave intermittently or
on a reduced leave schedule and has been transferred to an
alternative position no longer needs to continue on leave and
is able to return to full-time work, the employee must be
placed in the same or equivalent job as the job he/she left
when the leave commenced. An employee may not be required to
take more leave than necessary to address the circumstance
that precipitated the need for leave.
Sec. 825.205 How does one determine the amount of leave used
where an employee takes leave intermittently or on a
reduced leave schedule?
(a) If an employee takes leave on an intermittent or
reduced leave schedule, only the amount of leave actually
taken may be counted toward the 12 weeks of leave to which an
employee is entitled. For example, if an employee who
normally works five days a week takes off one day, the
employee would use 1/5 of a week of FMLA leave. Similarly, if
a full-time employee who normally works 8-hour days works 4-
hour days under a reduced leave schedule, the employee would
use \1/2\ week of FMLA leave each week.
(b) Where an employee normally works a part-time schedule
or variable hours, the amount of leave to which an employee
is entitled is determined on a pro rata or proportional basis
by comparing the new schedule with the employee's normal
schedule. For example, if an employee who normally works 30
hours per week works only 20 hours a week under a reduced
leave schedule, the employee's ten hours of leave would
constitute one-third of a week of FMLA leave for each week
the employee works the reduced leave schedule.
(c) If an employing office has made a permanent or long-
term change in the employee's schedule (for reasons other
than FMLA, and prior to the notice of need for FMLA leave),
the hours worked under the new schedule are to be used for
making this calculation.
(d) If an employee's schedule varies from week to week, a
weekly average of the hours worked over the 12 weeks prior to
the beginning of the leave period would be used for
calculating the employee's normal workweek.
Sec. 825.206 May an employing office deduct hourly amounts
from an employee's salary, when providing unpaid leave
under FMLA, as made applicable by the CAA, without
affecting the employee's qualification for exemption as
an executive, administrative, or professional employee,
or when utilizing the fluctuating workweek method for
payment of overtime, under the Fair Labor Standards Act?
(a) Leave taken under FMLA, as made applicable by the CAA,
may be unpaid. If an employee is otherwise exempt from
minimum wage and overtime requirements of the Fair Labor
Standards Act (FLSA), as made applicable by the CAA, as a
salaried executive, administrative, or professional employee
(under regulations issued by the Board, at part 541),
providing unpaid FMLA-qualifying leave to such an employee
will not cause the employee to lose the FLSA exemption. This
means that under regulations currently in effect, where an
employee meets the specified duties test, is paid on a salary
basis, and is paid a salary of at least the amount specified
in the regulations, the employing office may make deductions
from the employee's salary for any hours taken as
intermittent or reduced FMLA leave within
(b) For an employee paid in accordance with a fluctuating
workweek method of payment for overtime, where permitted by
section 203 of the CAA (2 U.S.C. 1313), the employing office,
during the period in which intermittent or reduced schedule
FMLA leave is scheduled to be taken, may compensate an
employee on an hourly basis and pay only for the hours the
employee works, including time and one-half the employee's
regular rate for overtime hours. The change to payment on an
hourly basis would include the entire period during which the
employee is taking intermittent leave, including weeks in
which no leave is taken. The hourly rate shall be determined
by dividing the employee's weekly salary by the employee's
normal or average schedule of hours worked during weeks in
which FMLA leave is not being taken. If an employing office
chooses to follow this exception from the fluctuating
workweek method of payment, the employing office must do so
uniformly, with respect to all employees paid on a
fluctuating workweek basis for whom FMLA leave is taken on an
intermittent or reduced leave schedule basis. If an employing
office does not elect to convert the employee's compensation
to hourly pay, no deduction may be taken for FMLA leave
absences. Once the need for intermittent or reduced scheduled
leave is over, the employee may be restored to payment on a
fluctuating work week basis.
(c) This special exception to the ``salary basis''
requirements of the FLSA exemption or fluctuating workweek
payment requirements applies only to employees of employing
offices who are eligible for FMLA leave, and to leave which
qualifies as (one of the four types of) FMLA leave. Hourly or
other deductions which are not in accordance with the Board's
regulations at part 541 or with a permissible fluctuating
workweek method of payment for overtime may not be taken, for
example, where the employee has not worked long enough to be
eligible for FMLA leave without potentially affecting the
employee's eligibility for exemption. Nor may deductions
which are not permitted by the Board's regulations at part
541 or by a permissible fluctuating workweek method of
payment for overtime be taken from such an employee's salary
for any leave which does not qualify as FMLA leave, for
example, deductions from an employee's pay for leave required
under an employing office's policy or practice for a reason
which does not qualify as FMLA leave, e.g., leave to care for
a grandparent or for a medical condition which does not
qualify as a serious health condition; or for leave which is
more generous than provided by FMLA as made applicable by the
CAA, such as leave in excess of 12 weeks in a year. The
employing office may comply with the employing office's own
policy/practice under these circumstances and maintain the
employee's eligibility for exemption or for the fluctuating
workweek method of pay by not taking hourly deductions from
the employee's pay, in accordance with FLSA requirements, or
may take such deductions, treating the employee as an
``hourly'' employee and pay overtime premium pay for hours
worked over 40 in a workweek.
Sec. 825.207 Is FMLA leave paid or unpaid?
(a) Generally, FMLA leave is unpaid. However, under the
circumstances described in this section, FMLA, as made
applicable by the CAA, permits an eligible employee to choose
to substitute paid leave for FMLA leave. If an employee does
not choose to substitute accrued paid leave, the employing
office may require the employee to substitute accrued paid
leave for FMLA leave.
(b) Where an employee has earned or accrued paid vacation,
personal or family leave, that paid leave may be substituted
for all or part of any (otherwise) unpaid FMLA leave relating
to birth, placement of a child for adoption or foster care,
or care for a spouse, child or parent who has a serious
health condition. The term ``family leave'' as used in FMLA
refers to paid leave provided by the employing office
covering the particular circumstances for which the employee
seeks leave for either the birth of a child and to care for
such child, placement of a child for adoption or foster care,
or care for a spouse, child or parent with a serious health
condition. For example, if the employing office's leave plan
allows use of family leave to care for a child but not for a
parent, the employing office is not required to allow accrued
family leave to be substituted for FMLA leave used to care
for a parent.
(c) Substitution of paid accrued vacation, personal, or
medical/sick leave may be made for any (otherwise) unpaid
FMLA leave needed to care for a family member or the
employee's own serious health condition. Substitution of paid
sick/medical leave may be elected to the extent the
circumstances meet the employing office's usual requirements
for the use of sick/medical leave. An employing office is not
required to allow substitution of paid sick or medical leave
for unpaid FMLA leave ``in any situation'' where the
employing office's uniform policy would not normally allow
such paid leave. An employee, therefore, has a right to
substitute paid medical/sick leave to care for a seriously
ill family member only if the employing office's leave plan
allows paid leave to be used for that purpose. Similarly, an
employee does not have a right to substitute paid medical/
sick leave for a serious health condition which is not
covered by the employing office's leave plan.
(d)(1) Disability leave for the birth of a child would be
considered FMLA leave for a serious health condition and
counted in the 12 weeks of leave permitted under FMLA as made
applicable by the CAA. Because the leave pursuant to a
temporary disability benefit plan is not unpaid, the
provision for substitution of paid leave is inapplicable.
However, the employing office may designate the leave as FMLA
leave and count the leave as running concurrently for
purposes of both the benefit plan and the FMLA leave
entitlement. If the requirements to qualify for payments
pursuant to the employing office's temporary disability plan
are more stringent than those of FMLA as made applicable by
the CAA, the employee must meet the more stringent
requirements of the plan, or may choose not to meet the
requirements of the plan and instead receive no payments from
the plan and use unpaid FMLA leave or substitute available
accrued paid leave.
(2) The FMLA as made applicable by the CAA provides that a
serious health condition may result from injury to the
employee ``on or off'' the job. If the employing office
designates the leave as FMLA leave in accordance with
Sec. 825.208, the employee's FMLA 12-week leave entitlement
may run concurrently with a workers' compensation absence
when the injury is one that meets the criteria for a serious
health condition. As the workers' compensation absence is not
unpaid leave, the provision for substitution of the
employee's accrued paid leave is not applicable. However, if
the health care provider treating the employee for the
workers' compensation injury certifies the employee is able
to return to a ``light duty job'' but is
[[Page 772]]
unable to return to the same or equivalent job, the employee
may decline the employing office's offer of a ``light duty
job''. As a result the employee may lose workers'
compensation payments, but is entitled to remain on unpaid
FMLA leave until the 12-week entitlement is exhausted. As of
the date workers' compensation benefits cease, the
substitution provision becomes applicable and either the
employee may elect or the employing office may require the
use of accrued paid leave. See also Sec. Sec. 825.210(f),
825.216(d), 825.220(d), 825.307(a)(1) and 825.702 (d) (1) and
(2) regarding the relationship between workers' compensation
absences and FMLA leave.
(e) Paid vacation or personal leave, including leave earned
or accrued under plans allowing ``paid time off,'' may be
substituted, at either the employee's or the employing
office's option, for any qualified FMLA leave. No limitations
may be placed by the employing office on substitution of paid
vacation or personal leave for these purposes.
(f) If neither the employee nor the employing office elects
to substitute paid leave for unpaid FMLA leave under the
above conditions and circumstances, the employee will remain
entitled to all the paid leave which is earned or accrued
under the terms of the employing office's plan.
(g) If an employee uses paid leave under circumstances
which do not qualify as FMLA leave, the leave will not count
against the 12 weeks of FMLA leave to which the employee is
entitled. For example, paid sick leave used for a medical
condition which is not a serious health condition does not
count against the 12 weeks of FMLA leave entitlement.
(h) When an employee or employing office elects to
substitute paid leave (of any type) for unpaid FMLA leave
under circumstances permitted by these regulations, and the
employing office's procedural requirements for taking that
kind of leave are less stringent than the requirements of
FMLA as made applicable by the CAA (e.g., notice or
certification requirements), only the less stringent
requirements may be imposed. An employee who complies with an
employing office's less stringent leave plan requirements in
such cases may not have leave for an FMLA purpose delayed or
denied on the grounds that the employee has not complied with
stricter requirements of FMLA as made applicable by the CAA.
However, where accrued paid vacation or personal leave is
substituted for unpaid FMLA leave for a serious health
condition, an employee may be required to comply with any
less stringent medical certification requirements of the
employing office's sick leave program. See
Sec. Sec. 825.302(g), 825.305(e) and 825.306(c).
(i) Compensatory time off, if any is authorized under
applicable law, is not a form of accrued paid leave that an
employing office may require the employee to substitute for
unpaid FMLA leave. The employee may request to use his/her
balance of compensatory time for an FMLA reason. If the
employing office permits the accrual of compensatory time to
be used in compliance with applicable Board regulations, the
absence which is paid from the employee's accrued
compensatory time ``account'' may not be counted against the
employee's FMLA leave entitlement.
Sec. 825.208 Under what circumstances may an employing office
designate leave, paid or unpaid, as FMLA leave and, as a
result, enable leave to be counted against the employee's
total FMLA leave entitlement?
(a) In all circumstances, it is the employing office's
responsibility to designate leave, paid or unpaid, as FMLA-
qualifying, and to give notice of the designation to the
employee as provided in this section. In the e.g., if the
employee is incapacitated, the employee's spouse, adult
child, parent, doctor, etc., may provide notice to the
employing office of the need to take FMLA leave). In any
circumstance where the employing office does not have
sufficient information about the reason for an employee's use
of paid leave, the employing office should inquire further of
the employee or the spokesperson to ascertain whether the
paid leave is potentially FMLA-qualifying.
(1) An employee giving notice of the need for unpaid FMLA
leave must explain the reasons for the needed leave so as to
allow the employing office to determine that the leave
qualifies under the FMLA, as made applicable by the CAA. If
the employee fails to explain the reasons, leave may be
denied. In many cases, in explaining the reasons for a
request to use paid leave, especially when the need for the
leave was unexpected or unforeseen, an employee will provide
sufficient information for the employing office to designate
the paid leave as FMLA leave. An employee using accrued paid
leave, especially vacation or personal leave, may in some
cases not spontaneously explain the reasons or their plans
for using their accrued leave.
(2) As noted in Sec. 825.302(c), an employee giving notice
of the need for unpaid FMLA leave does not need to expressly
assert rights under the FMLA as made applicable by the CAA or
even mention the FMLA to meet his or her obligation to
provide notice, though the employee would need to state a
qualifying reason for the needed leave. An employee
requesting or notifying the employing office of an intent to
use accrued paid leave, even if for a purpose covered by
FMLA, would not need to assert such right either. However, if
an employee requesting to use paid leave for an FMLA-
qualifying purpose does not explain the reason for the
leave--consistent with the employing office's established
policy or practice--and the employing office denies the
employee's request, the employee will need to provide
sufficient information to establish an FMLA-qualifying reason
for the needed leave so that the employing office is aware of
the employee's entitlement (i.e., that the leave may not be
denied) and, then, may designate that the paid leave be
appropriately counted against (substituted for) the
employee's 12-week entitlement. Similarly, an employee using
accrued paid vacation leave who seeks an extension of unpaid
leave for an FMLA-qualifying purpose will need to state the
reason. If this is due to an event which occurred during the
period of paid leave, the employing office may count the
leave used after the FMLA-qualifying event against the
employee's 12-week entitlement.
(b)(1) Once the employing office has acquired knowledge
that the leave is being taken for an FMLA required reason,
the employing office must promptly (within two business days
absent extenuating circumstances) notify the employee that
the paid leave is designated and will be counted as FMLA
leave. If there is a dispute between an employing office and
an employee as to whether paid leave qualifies as FMLA leave,
it should be resolved through discussions between the
employee and the employing office. Such discussions and the
decision must be documented.
(2) The employing office's notice to the employee that the
leave has been designated as FMLA leave may be orally or in
writing. If the notice is oral, it shall be confirmed in
writing, no later than the following payday (unless the
payday is less than one week after the oral notice, in which
case the notice must be no later than the subsequent payday).
The written notice may be in any form, including a notation
on the employee's pay stub.
(c) If the employing office requires paid leave to be
substituted for unpaid leave, or that paid leave taken under
an existing leave plan be counted as FMLA leave, this
decision must be made by the employing office within two
business days of the time the employee gives notice of the
need for leave, or, where the employing office does not
initially have sufficient information to make a
determination, when the employing office determines that the
leave qualifies as FMLA leave if this happens later. The
employing office's designation must be made before the leave
starts, unless the employing office does not have sufficient
information as to the employee's reason for taking the leave
until after the leave commenced. If the employing office has
the requisite knowledge to make a determination that the paid
leave is for an FMLA reason at the time the employee either
gives notice of the need for leave or commences leave and
fails to designate the leave as FMLA leave (and so notify the
employee in accordance with paragraph (b)), the employing
office may not designate leave as FMLA leave retroactively,
and may designate only prospectively as of the date of
notification to the employee of the designation. In such
circumstances, the employee is subject to the full
protections of the FMLA, as made applicable by the CAA, but
none of the absence preceding the notice to the employee of
the designation may be counted against the employee's 12-week
FMLA leave entitlement.
(d) If the employing office learns that leave is for an
FMLA purpose after leave has begun, such as when an employee
gives notice of the need for an extension of the paid leave
with unpaid FMLA leave, the entire or some portion of the
paid leave period may be retroactively counted as FMLA leave,
to the extent that the leave period qualified as FMLA leave.
For example, an employee is granted two weeks paid vacation
leave for a skiing trip. In mid-week of the second week, the
employee contacts the employing office for an extension of
leave as unpaid leave and advises that at the beginning of
the second week of paid vacation leave the employee suffered
a severe accident requiring hospitalization. The employing
office may notify the employee that both the extension and
the second week of paid vacation leave (from the date of the
injury) is designated as FMLA leave. On the other hand, when
the employee takes sick leave that turns into a serious
health condition (e.g., bronchitis that turns into bronchial
pneumonia) and the employee gives notice of the need for an
extension of leave, the entire period of the serious health
condition may be counted as FMLA leave.
(e) Employing offices may not designate leave as FMLA leave
after the employee has returned to work with two exceptions:
(1) If the employee was absent for an FMLA reason and the
employing office did not learn the reason for the absence
until the employee's return (e.g., where the employee was
absent for only a brief period), the employing office may,
upon the employee's return to work, promptly (within two
business days of the employee's return to work) designate the
leave retroactively with appropriate notice to the employee.
If leave is taken for an FMLA reason but the employing office
was not aware of the reason, and the employee desires that
the leave be counted as FMLA leave, the employee must notify
the employing office within two business days of returning to
work of the reason for the leave. In the absence of such
timely notification by the employee, the employee may not
subsequently assert FMLA protections for the absence.
(2) If the employing office knows the reason for the leave
but has not been able to confirm that the leave qualifies
under
[[Page 773]]
FMLA, or where the employing office has requested medical
certification which has not yet been received or the parties
are in the process of obtaining a second or third medical
opinion, the employing office should make a preliminary
designation, and so notify the employee, at the time leave
begins, or as soon as the reason for the leave becomes known.
Upon receipt of the requisite information from the employee
or of the medical certification which confirms the leave is
for an FMLA reason, the preliminary designation becomes
final. If the medical certifications fail to confirm that the
reason for the absence was an FMLA reason, the employing
office must withdraw the designation (with written notice to
the employee).
(f) If, before beginning employment with an employing
office, an employee had been employed by another employing
office, the subsequent employing office may count against the
employee's FMLA leave entitlement FMLA leave taken from the
prior employing office, except that, if the FMLA leave began
after the effective of these regulations (or if the FMLA
leave was subject to other applicable requirement under which
the employing office was to have designated the leave as FMLA
leave), the prior employing office must have properly
designated the leave as FMLA under these regulations or other
applicable requirement.
Sec. 825.209 Is an employee entitled to benefits while using
FMLA leave?
(a) During any FMLA leave, the employing office must
maintain the employee's coverage under the Federal Employees
Health Benefits Program or any group health plan (as defined
in the Internal Revenue Code of 1986 at 26 U.S.C. 5000(b)(1))
on the same conditions as coverage would have been provided
if the employee had been continuously employed during the
entire leave period. All employing offices are subject to the
requirements of the FMLA, as made applicable by the CAA, to
maintain health coverage. The definition of ``group health
plan'' is set forth in Sec. 825.800. For purposes of FMLA,
the term ``group health plan'' shall not include an insurance
program providing health coverage under which employees
purchase individual policies from insurers provided that:
(1) no contributions are made by the employing office;
(2) participation in the program is completely voluntary
for employees;
(3) the sole functions of the employing office with respect
to the program are, without endorsing the program, to permit
the insurer to publicize the program to employees, to collect
premiums through payroll deductions and to remit them to the
insurer;
(4) the employing office receives no consideration in the
form of cash or otherwise in connection with the program,
other than reasonable compensation, excluding any profit, for
administrative services actually rendered in connection with
payroll deduction; and,
(5) the premium charged with respect to such coverage does
not increase in the event the employment relationship
terminates.
(b) The same group health plan benefits provided to an
employee prior to taking FMLA leave must be maintained during
the FMLA leave. For example, if family member coverage is
provided to an employee, family member coverage must be
maintained during the FMLA leave. Similarly, benefit coverage
(c) If an employing office provides a new health plan or
benefits or changes health benefits or plans while an
employee is on FMLA leave, the employee is entitled to the
new or changed plan/benefits to the same extent as if the
employee were not on leave. For example, if an employing
office changes a group health plan so that dental care
becomes covered under the plan, an employee on FMLA leave
must be given the same opportunity as other employees to
receive (or obtain) the dental care coverage. Any other plan
changes (e.g., in coverage, premiums, deductibles, etc.)
which apply to all employees of the workforce would also
apply to an employee on FMLA leave.
(d) Notice of any opportunity to change plans or benefits
must also be given to an employee on FMLA leave. If the group
health plan permits an employee to change from single to
family coverage upon the birth of a child or otherwise add
new family members, such a change in benefits must be made
available while an employee is on FMLA leave. If the employee
requests the changed coverage it must be provided by the
employing office.
(e) An employee may choose not to retain group health plan
coverage during FMLA leave. However, when an employee returns
from leave, the employee is entitled to be reinstated on the
same terms as prior to taking the leave, including family or
dependent coverages, without any qualifying period, physical
examination, exclusion of pre-existing conditions, etc. See
Sec. 825.212(c).
(f) Except as required by the Consolidated Omnibus Budget
Reconciliation Act of 1986 (COBRA) or 5 U.S.C. 8905a,
whichever is applicable, and for ``key'' employees (as
discussed below), an employing office's obligation to
maintain health benefits during leave (and to restore the
employee to the same or equivalent employment) under FMLA
ceases if and when the employment relationship would have
terminated if the employee had not taken FMLA leave (e.g., if
the employee's position is eliminated as part of a
nondiscriminatory reduction in force and the employee would
not have been transferred to another position); an employee
informs the employing office of his or her intent not to
return from leave (including before starting the leave if the
employing office is so informed before the leave starts); or
the employee fails to return from leave or continues on leave
after exhausting his or her FMLA leave entitlement in the 12-
month period.
(g) If a ``key employee'' (see Sec. 825.218) does not
return from leave when notified by the employing office that
substantial or grievous economic injury will result from his
or her reinstatement, the employee's entitlement to group
health plan benefits continues unless and until the employee
advises the employing office that the employee does not
desire restoration to employment at the end of the leave
period, or FMLA leave entitlement is exhausted, or
reinstatement is actually denied.
(h) An employee's entitlement to benefits other than group
health benefits during a period of FMLA leave (e.g., holiday
pay) is to be determined by the employing office's
established policy for providing such benefits when the
employee is on other forms of leave (paid or unpaid, as
appropriate).
Sec. 825.210 How may employees on FMLA leave pay their share
of group health benefit premiums?
(a) Group health plan benefits must be maintained on the
same basis as coverage would have been provided if the
employee had been continuously employed during the FMLA leave
period. Therefore, any share of group health plan premiums
which had been paid by the employee prior to FMLA leave must
continue to be paid by the employee during the FMLA leave
period. If premiums are raised or lowered, the employee would
be required to pay the new premium rates. Maintenance of
health insurance policies which are not a part of the
employing office's group health plan, as described in
Sec. 825.209(a), are the sole responsibility of the employee.
The employee and the insurer should make necessary
arrangements for payment of premiums during periods of unpaid
FMLA leave.
(b) If the FMLA leave is substituted paid leave, the
employee's share of premiums must be paid by the method
normally used during any paid leave, presumably as a payroll
deduction.
(c) If FMLA leave is unpaid, the employing office has a
number of options for obtaining payment from the employee.
The employing office may require that payment be made to the
employing office or to the insurance carrier, but no
additional charge may be added to the employee's premium
payment for administrative expenses. The employing office may
require employees to pay their share of premium payments in
any of the following ways:
(1) Payment would be due at the same time as it would be
made if by payroll deduction;
(2) Payment would be due on the same schedule as payments
are made under COBRA or 5 U.S.C. 8905a, whichever is
applicable;
(3) Payment would be prepaid pursuant to a cafeteria plan
at the employee's option;
(4) The employing office's existing rules for payment by
employees on ``leave without pay'' would be followed,
provided that such rules do not require prepayment (i.e.,
prior to the commencement of the leave) of the premiums that
will become due during a period of unpaid FMLA leave or
payment of higher premiums than if the employee had continued
to work instead of taking leave; or,
(5) Another system voluntarily agreed to between the
employing office and the employee, which may include
prepayment of premiums (e.g., through increased payroll
deductions when the need for the FMLA leave is foreseeable).
(d) The employing office must provide the employee with
advance written notice of the terms and conditions under
which these payments must be made. (See Sec. 825.301.)
(e) An employing office may not require more of an employee
using FMLA leave than the employing office requires of other
employees on ``leave without pay.''
(f) An employee who is receiving payments as a result of a
workers' compensation injury must make arrangements with the
employing office for payment of group health plan benefits
when simultaneously taking unpaid FMLA leave. See paragraph
(c) of this section and Sec. 825.207(d)(2).
Sec. 825.211 What special health benefits maintenance rules
apply to multi-employer health plans?
(a) A multi-employer health plan is a plan to which more
than one employer is required to contribute, and which is
maintained pursuant to one or more collective bargaining
agreements between employee organization(s) and the
employers.
(b) An employing office under a multi-employer plan must
continue to make contributions on behalf of an employee using
FMLA leave as though the employee had been continuously
employed, unless the plan contains an explicit FMLA provision
for maintaining coverage such as through pooled contributions
by all employers party to the plan.
(c) During the duration of an employee's FMLA leave,
coverage by the group health plan, and benefits provided
pursuant to the plan, must be maintained at the level of
coverage and benefits which were applicable to the employee
at the time FMLA leave commenced.
(d) An employee using FMLA leave cannot be required to use
``banked'' hours or pay a greater premium than the employee
would have been required to pay if the employee had been
continuously employed.
(e) As provided in Sec. 825.209(f), group health plan
coverage must be maintained for an employee on FMLA leave
until:
[[Page 774]]
(1) the employee's FMLA leave entitlement is exhausted;
(2) the employing office can show that the employee would
have been laid off and the employment relationship
terminated; or,
(3) the employee provides unequivocal notice of intent not
to return to work.
Sec. 825.212 What are the consequences of an employee's
failure to make timely health plan premium payments?
(a)(1) In the absence of an established employing office
policy providing a longer grace period, an employing office's
obligations to maintain health insurance coverage cease under
FMLA if an employee's premium payment is more than 30 days
late. In order to drop the coverage for an employee whose
premium payment is late, the employing office must provide
written notice to the employee that the payment has not been
received. Such notice must be mailed to the employee at least
15 days before coverage is to cease, advising that coverage
will be dropped on a specified date at least 15 days after
the date of the letter unless the payment has been received
by that date. If the employing office has established
policies regarding other forms of unpaid leave that provide
for the employing office to cease coverage retroactively to
the date the unpaid premium payment was due, the employing
office may drop the employee from coverage retroactively in
accordance with that policy, provided the 15-day notice was
given. In the absence of such a policy, coverage for the
employee may be terminated at the end of the 30-day grace
period, where the required 15-day notice has been provided.
(2) An employing office has no obligation regarding the
maintenance of a health insurance policy which is not a
``group health plan.'' See Sec. 825.209(a).
(3) All other obligations of an employing office under FMLA
would continue; for example, the employing office continues
to have an obligation to reinstate an employee upon return
from leave.
(b) The employing office may recover the employee's share
of any premium payments missed by the employee for any FMLA
leave period during which the employing office maintains
health coverage by paying the employee's share after the
premium payment is missed.
(c) If coverage lapses because an employee has not made
required premium payments, upon the employee's return from
FMLA leave the employing office must still restore the
employee to coverage/benefits equivalent to those the
employee would have had if leave had not been taken and the
premium payment(s) had not been missed, including family or
dependent coverage. See Sec. 825.215(d)(1)-(5). In such case,
an employee may not be required to meet any qualification
requirements imposed by the plan, including any new
preexisting condition waiting period, to wait for an open
season, or to
Sec. 825.213 May an employing office recover costs it
incurred for maintaining ``group health plan'' or other
non-health benefits coverage during FMLA leave?
(a) In addition to the circumstances discussed in
Sec. 825.212(b), the share of health plan premiums paid by or
on behalf of the employing office during a period of unpaid
FMLA leave may be recovered from an employee if the employee
fails to return to work after the employee's FMLA leave
entitlement has been exhausted or expires, unless the reason
the employee does not return is due to:
(1) The continuation, recurrence, or onset of a serious
health condition of the employee or the employee's family
member which would otherwise entitle the employee to leave
under FMLA; or
(2) Other circumstances beyond the employee's control.
Examples of ``other circumstances beyond the employee's
control'' are necessarily broad. They include such situations
as where a parent chooses to stay home with a newborn child
who has a serious health condition; an employee's spouse is
unexpectedly transferred to a job location more than 75 miles
from the employee's worksite; a relative or individual other
than an immediate family member has a serious health
condition and the employee is needed to provide care; the
employee is laid off while on leave; or, the employee is a
``key employee'' who decides not to return to work upon being
notified of the employing office's intention to deny
restoration because of substantial and grievous economic
injury to the employing office's operations and is not
reinstated by the employing office. Other circumstances
beyond the employee's control would not include a situation
where an employee desires to remain with a parent in a
distant city even though the parent no longer requires the
employee's care, or a parent chooses not to return to work to
stay home with a well, newborn child.
(3) When an employee fails to return to work because of the
continuation, recurrence, or onset of a serious health
condition, thereby precluding the employing office from
recovering its (share of) health benefit premium payments
made on the employee's behalf during a period of unpaid FMLA
leave, the employing office may require medical certification
of the employee's or the family member's serious health
condition. Such certification is not required unless
requested by the employing office. The employee is required
to provide medical certification in a timely manner which,
for purposes of this section, is within 30 days from the date
of the employing office's request. For purposes of medical
certification, the employee may use the optional form
developed for this purpose (see Sec. 825.306(a) and Appendix
B of this part). If the employing office requests medical
certification and the employee does not provide such
certification in a timely manner (within 30 days), or the
reason for not returning to work does not meet the test of
other circumstances beyond the employee's control, the
employing office may recover 100% of the health benefit
premiums it paid during the period of unpaid FMLA leave.
(b) Under some circumstances an employing office may elect
to maintain other benefits, e.g., life insurance, disability
insurance, etc., by paying the employee's (share of) premiums
during periods of unpaid FMLA leave. For example, to ensure
the employing office can meet its responsibilities to provide
equivalent benefits to the employee upon return from unpaid
FMLA leave, it may be necessary that premiums be paid
continuously to avoid a lapse of coverage. If the employing
office elects to maintain such benefits during the leave, at
the conclusion of leave, the employing office is entitled to
recover only the costs incurred for paying the employee's
share of any premiums whether or not the employee returns to
work.
(c) An employee who returns to work for at least 30
calendar days is considered to have ``returned'' to work. An
employee who transfers directly from taking FMLA leave to
retirement, or who retires during the first 30 days after the
employee returns to work, is deemed to have returned to work.
(d) When an employee elects or an employing office requires
paid leave to be substituted for FMLA leave, the employing
office may not recover its (share of) health insurance or
other non-health benefit premiums for any period of FMLA
leave covered by paid leave. Because paid leave provided
under a plan covering temporary disabilities (including
workers' compensation) is not unpaid, recovery of health
insurance premiums does not apply to such paid leave.
(e) The amount that self-insured employing offices may
recover is limited to only the employing office's share of
allowable ``premiums'' as would be calculated under COBRA,
excluding the 2 percent fee for administrative costs.
(f) When an employee fails to return to work, any health
and non-health benefit premiums which this section of the
regulations permits an employing office to recover are a debt
owed by the non-returning employee to the employing office.
The existence of this debt caused by the employee's failure
to return to work does not alter the employing office's
responsibilities for health benefit coverage and, under a
self-insurance plan, payment of claims incurred during the
period of FMLA leave. To the extent recovery is allowed, the
employing office may recover the costs through deduction from
any sums due to the employee (e.g., unpaid wages, vacation
pay, etc.), provided such deductions do not otherwise violate
applicable wage payment or other laws. Alternatively, the
employing office may initiate legal action against the
employee to recover such costs.
Sec. 825.214 What are an employee's rights on returning to
work from FMLA leave?
(a) On return from FMLA leave, an employee is entitled to
be returned to the same position the employee held when leave
commenced, or to an equivalent position with equivalent
benefits, pay, and other terms and conditions of employment.
An employee is entitled to such reinstatement even if the
employee has been replaced or his or her position has been
restructured to accommodate the employee's absence. See also
Sec. 825.106(e) for the obligations of employing offices that
are joint employing offices.
(b) If the employee is unable to perform an essential
function of the position because of a physical or mental
condition, including the continuation of a serious health
condition, the employee has no right to restoration to
another position under the FMLA. However, the employing
office's obligations may be governed by the Americans with
Disabilities Act (ADA), as made applicable by the CAA. See
Sec. 825.702.
Sec. 825.215 What is an equivalent position?
(a) An equivalent position is one that is virtually
identical to the employee's former position in terms of pay,
benefits and working conditions, including privileges,
perquisites and status. It must involve the same or
substantially similar duties and responsibilities, which must
entail substantially equivalent skill, effort,
responsibility, and authority.
(b) If an employee is no longer qualified for the position
because of the employee's inability to attend a necessary
course, renew a license, fly a minimum number of hours, etc.,
as a result of the leave, the employee shall be given a
reasonable opportunity to fulfill those conditions upon
return to work.
(c) Equivalent Pay. (1) An employee is entitled to any
unconditional pay increases which may have occurred during
the FMLA leave period, such as cost of living increases. Pay
increases conditioned upon seniority, length of service, or
work performed would not have to be granted unless it is the
employing office's policy or practice to do so with respect
to other employees on ``leave without pay.'' In such case,
any pay increase would be granted based on the employee's
seniority, length of service, work performed, etc., excluding
the period of unpaid FMLA leave. An employee is entitled to
be restored to a position with the same or equivalent pay
premiums, such as a shift differential. If an employee
departed from a position averaging ten hours of overtime (and
corresponding overtime pay) each week, an employee is
ordinarily entitled to such a position on return from FMLA
leave.
[[Page 775]]
(2) Many employing offices pay bonuses in different forms
to employees for job-related performance such as for perfect
attendance, safety (absence of injuries or accidents on the
job) and exceeding production goals. Bonuses for perfect
attendance and safety do not require performance by the
employee but rather contemplate the absence of occurrences.
To the extent an employee who takes FMLA leave had met all
the requirements for either or both of these bonuses before
FMLA leave began, the employee is entitled to continue this
entitlement upon return from FMLA leave, that is, the
employee may not be disqualified for the bonus(es) for the
taking of FMLA leave. See Sec. 825.220 (b) and (c). A monthly
production bonus, on the other hand, does require performance
by the employee. If the employee is on FMLA leave during any
part of the period for which the bonus is computed, the
employee is entitled to the same consideration for the bonus
as other employees on paid or unpaid leave (as appropriate).
See paragraph (d)(2) of this section.
(d) Equivalent Benefits. ``Benefits'' include all benefits
provided or made available to employees by an employing
office, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits
are provided by a practice or written policy of an employing
office through an employee benefit plan.
(1) At the end of an employee's FMLA leave, benefits must
be resumed in the same manner and at the same levels as
provided when the leave began, and subject to any changes in
benefit levels that may have taken place during the period of
FMLA leave affecting the entire workforce, unless otherwise
elected by the employee. Upon return from FMLA leave, an
employee cannot be required to requalify for any benefits the
employee enjoyed before FMLA leave began (including family or
dependent coverages). For example, if an employee was covered
by a life insurance policy before taking leave but is not
covered or coverage lapses during the period of unpaid FMLA
leave, the employee cannot be required to meet any
qualifications, such as taking a physical examination, in
order to requalify for life insurance upon return from leave.
Accordingly, some employing offices may find it necessary to
modify life insurance and other benefits programs in order to
restore employees to equivalent benefits upon return from
FMLA leave, make arrangements for continued payment of costs
to maintain such benefits during unpaid FMLA leave, or pay
these costs subject to recovery from the employee on return
from leave. See Sec. 825.213(b).
(2) An employee may, but is not entitled to, accrue any
additional benefits or seniority during unpaid FMLA leave.
Benefits accrued at the time leave began, however, (e.g.,
paid vacation, sick or personal leave to the extent not
substituted for FMLA leave) must be available to an employee
upon return from leave.
(3) If, while on unpaid FMLA leave, an employee desires to
continue life insurance, disability insurance, or other types
of benefits for which he or she typically pays, the employing
office is required to follow established policies or
practices for continuing such benefits for other instances of
leave without pay. If the employing office has no established
policy, the employee and the employing office are encouraged
to agree upon arrangements before FMLA leave begins.
(4) With respect to pension and other retirement plans, any
period of unpaid FMLA leave shall not be treated as or
counted toward a break in service for purposes of vesting and
eligibility to participate. Also, if the plan requires an
employee to be employed on a specific date in order to be
credited with a year of service for vesting, contributions or
participation purposes, an employee on unpaid FMLA leave on
that date shall be deemed to have been employed on that date.
However, unpaid FMLA leave periods need not be treated as
credited service for purposes of benefit accrual, vesting and
eligibility to participate.
(5) Employees on unpaid FMLA leave are to be treated as if
they continued to work for purposes of changes to benefit
plans. They are entitled to changes in benefits plans, except
those which may be dependent upon seniority or accrual during
the leave period, immediately upon return from leave or to
the same extent they would have qualified if no leave had
been taken. For example if the benefit plan is predicated on
a pre-established number of hours worked each year and the
employee does not have sufficient hours as a result of taking
unpaid FMLA leave, the benefit is lost. (In this regard,
Sec. 825.209 addresses health benefits.)
(e) Equivalent Terms and Conditions of Employment. An
equivalent position must have substantially similar duties,
conditions, responsibilities, privileges and status as the
employee's original position.
(1) The employee must be reinstated to the same or a
geographically proximate worksite (i.e., one that does not
involve a significant increase in commuting time or distance)
from where the employee had previously been employed. If the
employee's original worksite has been closed, the employee is
entitled to the same rights as if the employee had not been
on leave when the worksite closed. For example, if an
employing office transfers all employees from a closed
worksite to a new worksite in a different city, the employee
on leave is also entitled to transfer under the same
conditions as if he or she had continued to be employed.
(2) The employee is ordinarily entitled to return to the
same shift or the same or an equivalent work schedule.
(3) The employee must have the same or an equivalent
opportunity for bonuses and other similar discretionary and
non-discretionary payments.
(4) FMLA does not prohibit an employing office from
accommodating an employee's request to be restored to a
different shift, schedule, or position which better suits the
employee's personal needs on return from leave, or to offer a
promotion to a better position. However, an employee cannot
be induced by the employing office to accept a different
position against the employee's wishes.
(f) The requirement that an employee be restored to the
same or equivalent job with the same or equivalent pay,
benefits, and terms and conditions of employment does not
extend to de minimis or intangible, unmeasurable aspects of
the job. However, restoration to a job slated for lay-off,
when the employee's original position is not, would not meet
the requirements of an equivalent position.
Sec. 825.216 Are there any limitations on an employing
office's obligation to reinstate an employee?
(a) An employee has no greater right to reinstatement or to
other benefits and conditions of employment than if the
employee had been continuously employed during the FMLA leave
period. An employing office must be able to show that an
employee would not otherwise have been employed at the time
reinstatement is requested in order to deny restoration to
employment. For example:
(1) If an employee is laid off during the course of taking
FMLA leave and employment is terminated, the employing
office's responsibility to continue FMLA leave, maintain
group health plan benefits and restore the employee ceases at
the time the employee is laid off, provided the employing
office has no continuing obligations under a collective
bargaining agreement or otherwise. An employing office would
have the burden of proving that an employee would have been
laid off during the FMLA leave period and, therefore, would
not be entitled to restoration.
(2) If a shift has been eliminated, or overtime has been
decreased, an employee would not be entitled to return to
work that shift or the original overtime hours upon
restoration. However, if a position on, for example, a night
shift has been filled by another employee, the employee is
entitled to return to the same shift on which employed before
taking FMLA leave.
(b) If an employee was hired for a specific term or only to
perform work on a discrete project, the employing office has
no obligation to restore the employee if the employment term
or project is over and the employing office would not
otherwise have continued to employ the employee.
(c) In addition to the circumstances explained above, an
employing office may deny job restoration to salaried
eligible employees (``key employees,'' as defined in
paragraph (c) of Sec. 825.217) if such denial is necessary to
prevent substantial and grievous economic injury to the
operations of the employing office; or may delay restoration
to an employee who fails to provide a fitness for duty
certificate to return to work under the conditions described
in Sec. 825.310.
(d) If the employee has been on a workers' compensation
absence during which FMLA leave has been taken concurrently,
and after 12 weeks of FMLA leave the employee is unable to
return to work, the employee no longer has the protections of
FMLA and must look to the workers' compensation statute or
ADA, as made applicable by the CAA, for any relief or
protections.
Sec. 825.217 What is a ``key employee''?
(a) A ``key employee'' is a salaried FMLA-eligible employee
who is among the highest paid 10 percent of all the employees
employed by the employing office within 75 miles of the
employee's worksite.
(b) The term ``salaried'' means paid on a salary basis,
within the meaning of the Board's regulations at part 541,
implementing section 203 of the CAA (2 U.S.C. 1313)
(regarding employees who may qualify as exempt from the
minimum wage and overtime requirements of the FLSA, as made
applicable by the CAA, as executive, administrative, and
professional employees).
(c) A ``key employee'' must be ``among the highest paid 10
percent'' of all the employees ``both salaried and non-
salaried, eligible and ineligible ``who are employed by the
employing office within 75 miles of the worksite.
(1) In determining which employees are among the highest
paid 10 percent, year-to-date earnings are divided by weeks
worked by the employee (including weeks in which paid leave
was taken). Earnings include wages, premium pay, incentive
pay, and non-discretionary and discretionary bonuses.
Earnings do not include incentives whose value is determined
at some future date, e.g., benefits or perquisites.
(2) The determination of whether a salaried employee is
among the highest paid 10 percent shall be made at the time
the employee gives notice of the need for leave. No more than
10 percent of the employing office's employees within 75
miles of the worksite may be ``key employees.''
Sec. 825.218 What does ``substantial and grievous economic
injury'' mean?
(a) In order to deny restoration to a key employee, an
employing office must determine that the restoration of the
employee to employment will cause ``substantial and grievous
economic injury'' to the operations
[[Page 776]]
of the employing office, not whether the absence of the
employee will cause such substantial and grievous injury.
(b) An employing office may take into account its ability
to replace on a temporary basis (or temporarily do without)
the employee on FMLA leave. If permanent replacement is
unavoidable, the cost of then reinstating the employee can be
considered in evaluating whether substantial and grievous
economic injury will occur from restoration; in other words,
the effect on the operations of the employing office of
reinstating the employee in an equivalent position.
(c) A precise test cannot be set for the level of hardship
or injury to the employing office which must be sustained. If
the reinstatement of a ``key employee'' threatens the
economic viability of the employing office, that would
constitute ``substantial and grievous economic injury.'' A
lesser injury which causes substantial, long-term economic
injury would also be sufficient. Minor inconveniences and
costs that the employing office would experience in the
normal course would certainly not constitute ``substantial
and grievous economic injury.''
(d) FMLA's ``substantial and grievous economic injury''
standard is different from and more stringent than the
``undue hardship'' test under the ADA (see, also
Sec. 825.702).
Sec. 825.219 What are the rights of a key employee?
(a) An employing office which believes that reinstatement
may be denied to a key employee, must give written notice to
the employee at the time the employee gives notice of the
need for FMLA leave (or when FMLA leave commences, if
earlier) that he or she qualifies as a key employee. At the
same time, the employing office must also fully inform the
employee of the potential consequences with respect to
reinstatement and maintenance of health benefits if the
employing office should determine that substantial and
grievous economic injury to the employing office's operations
will result if the employee is reinstated from FMLA leave. If
such notice cannot be given immediately because of the need
to determine whether the employee is a key employee, it shall
be given as soon as practicable after being notified of a
need for leave (or the commencement of leave, if earlier). It
is expected that in most circumstances there will be no
desire that an employee be denied restoration after FMLA
leave and, therefore, there would be no need to provide such
notice. However, an employing office who fails to provide
such timely notice will lose its right to deny restoration
even if substantial and grievous economic injury will result
from reinstatement.
(b) As soon as an employing office makes a good faith
determination, based on the facts available, that substantial
and grievous economic injury to its operations will result if
a key employee who has given notice of the need for FMLA
leave or is using FMLA leave is reinstated, the employing
office shall notify the employee in writing of its
determination, that it cannot deny FMLA leave, and that it
intends to deny restoration to employment on completion of
the FMLA leave. It is anticipated that an employing office
will ordinarily be able to give such notice prior to the
employee starting leave. The employing office must serve this
notice either in person or by certified mail. This notice
must explain the basis for the employing office's finding
that substantial and grievous economic injury will result,
and, if leave has commenced, must provide the employee a
reasonable time in which to return to work, taking into
account the circumstances, such as the length of the leave
and the urgency of the need for the employee to return.
(c) If an employee on leave does not return to work in
response to the employing office's notification of intent to
deny restoration, the employee continues to be entitled to
maintenance of health benefits and the employing office may
not recover its cost of health benefit premiums. A key
employee's rights under FMLA continue unless and until either
the employee gives notice that he or she no longer wishes to
return to work, or the employing office actually denies
reinstatement at the conclusion of the leave period.
(d) After notice to an employee has been given that
substantial and grievous economic injury will result if the
employee is reinstated to employment, an employee is still
entitled to request reinstatement at the end of the leave
period even if the employee did not return to work in
response to the employing office's notice. The employing
office must then again determine whether there will be
substantial and grievous economic injury from reinstatement,
based on the facts at that time. If it is determined that
substantial and grievous economic injury will result, the
employing office shall notify the employee in writing (in
person or by certified mail) of the denial of restoration.
Sec. 825.220 How are employees protected who request leave or
otherwise assert FMLA rights?
(a) The FMLA, as made applicable by the CAA, prohibits
interference with an employee's rights under the law, and
with legal proceedings or inquiries relating to an employee's
rights. More specifically, the law contains the following
employee protections:
(1) An employing office is prohibited from interfering
with, restraining, or denying the exercise of (or attempts to
exercise) any rights provided by the FMLA as made applicable
by the CAA.
(2) An employing office is prohibited from discharging or
in any other way discriminating against any covered employee
(whether or not an eligible employee) for opposing or
complaining about any unlawful practice under the FMLA as
made applicable by the CAA.
(3) All employing offices are prohibited from discharging
or in any other way discriminating against any covered
employee (whether or not an eligible employee) because that
covered employee has--
(i) Filed any charge, or has instituted (or caused to be
instituted) any proceeding under or related to the FMLA, as
made applicable by the CAA;
(ii) Given, or is about to give, any information in
connection with an inquiry or proceeding relating to a right
under the FMLA, as made applicable by the CAA;
(iii) Testified, or is about to testify, in any inquiry or
proceeding relating to a right under the FMLA, as made
applicable by the CAA.
(b) Any violations of the FMLA, as made applicable by the
CAA, or of these regulations constitute interfering with,
restraining, or denying the exercise of rights provided by
the FMLA as made applicable by the CAA. ``Interfering with''
the exercise of an employee's rights would include, for
example, not only refusing to authorize FMLA leave, but
discouraging an employee from using such leave. It would also
include manipulation by covered an employing office to avoid
responsibilities under FMLA, for example:
(1) [Reserved];
(2) changing the essential functions of the job in order to
preclude the taking of leave;
(3) reducing hours available to work in order to avoid
employee eligibility.
(c) An employing office is prohibited from discriminating
against employees or prospective employees who have used FMLA
leave. For example, if an employee on leave without pay would
otherwise be entitled to full benefits (other than health
benefits), the same benefits would be required to be provided
to an employee on unpaid FMLA leave. By the same token,
employing offices cannot use the taking of FMLA leave as a
negative factor in employment actions, such as hiring,
promotions or disciplinary actions; nor can FMLA leave be
counted under ``no fault'' attendance policies.
(d) Employees cannot waive, nor may employing offices
induce employees to waive, their rights under FMLA. For
example, employees (or their collective bargaining
representatives) cannot ``trade off'' the right to take FMLA
leave against some other benefit offered by the employing
office. This does not prevent an employee's voluntary and
uncoerced acceptance (not as a condition of employment) of a
``light duty'' assignment while recovering from a serious
health condition (see Sec. 825.702(d)). In such a
circumstance the employee's right to restoration to the same
or an equivalent position is available until 12 weeks have
passed within the 12-month period, including all FMLA leave
taken and the period of ``light duty.''
(e) Covered employees, and not merely eligible employees,
are protected from retaliation for opposing (e.g., file a
complaint about) any practice which is unlawful under the
FMLA, as made applicable by the CAA. They are similarly
protected if they oppose any practice which they reasonably
believe to be a violation of the FMLA, as made applicable by
the CAA or regulations.
Subpart C--How do Employees Learn of Their Rights and Obligations under
the FMLA, as Made Applicable by the CAA, and What Can an Employing
Office Require of an Employee?
Sec. 825.300 [Reserved]
Sec. 825.301 What notices to employees are required of
employing offices under the FMLA as made applicable by
the CAA?
(a)(1) If an employing office has any eligible employees
and has any written guidance to employees concerning employee
benefits or leave rights, such as in an employee handbook,
information concerning both entitlements and employee
obligations under the FMLA, as made applicable by the CAA,
must be included in the handbook or other document. For
example, if an employing office provides an employee handbook
to all employees that describes the employing office's
policies regarding leave, wages, attendance, and similar
matters, the handbook must incorporate information on FMLA
rights and responsibilities and the employing office's
policies regarding the FMLA, as made applicable by the CAA.
Informational publications describing the provisions of the
FMLA as made applicable by the CAA are available from the
Office of Compliance and may be incorporated in such
employing office handbooks or written policies.
(2) If such an employing office does not have written
policies, manuals, or handbooks describing employee benefits
and leave provisions, the employing office shall provide
written guidance to an employee concerning all the employee's
rights and obligations under the FMLA as made applicable by
the CAA. This notice shall be provided to employees each time
notice is given pursuant to paragraph (b), and in accordance
with the provisions of that paragraph. Employing offices may
duplicate and provide the employee a copy of the FMLA Fact
Sheet available from the Office of Compliance to provide such
guidance.
(b)(1) The employing office shall also provide the employee
with written notice detailing the specific expectations and
obligations of the employee and explaining any consequences
of a failure to meet these obligations. The written notice
must be provided to the employee in a language in which the
[[Page 777]]
employee is literate. Such specific notice must include, as
appropriate:
(i) that the leave will be counted against the employee's
annual FMLA leave entitlement (see Sec. 825.208);
(ii) any requirements for the employee to furnish medical
certification of a serious health condition and the
consequences of failing to do so (see Sec. 825.305);
(iii) the employee's right to substitute paid leave and
whether the employing office will require the substitution of
paid leave, and the conditions related to any substitution;
(iv) any requirement for the employee to make any premium
payments to maintain health benefits and the arrangements for
making such payments (see Sec. 825.210), and the possible
consequences of failure to make such payments on a timely
basis (i.e., the circumstances under which coverage may
lapse);
(v) any requirement for the employee to present a fitness-
for-duty certificate to be restored to employment (see
Sec. 825.310);
(vi) the employee's status as a ``key employee'' and the
potential consequence that restoration may be denied
following FMLA leave, explaining the conditions required for
such denial (see Sec. 825.218);
(vii) the employee's right to restoration to the same or an
equivalent job upon return from leave (see Sec. Sec. 825.214
and 825.604); and,
(viii) the employee's potential liability for payment of
health insurance premiums paid by the employing office during
the employee's unpaid FMLA leave if the employee fails to
return to work after taking FMLA leave (see Sec. 825.213).
(2) The specific notice may include other information--
e.g., whether the employing office will require periodic
reports of the employee's status and intent to return to
work, but is not required to do so. A prototype notice is
contained in Appendix D of this part, or may be obtained from
the Office of Compliance, which employing offices may adapt
for their use to meet these specific notice requirements.
(c) Except as provided in this subparagraph, the written
notice required by paragraph (b) (and by subparagraph (a)(2)
where applicable) must be provided to the employee no less
often than the first time in each six-month period that an
employee gives notice of the need for FMLA leave (if FMLA
leave is taken during the six-month period). The notice shall
be given within a reasonable time after notice of the need
for leave is given by the employee--within one or two
business days if feasible. If leave has already begun, the
notice should be mailed to the employee's address of record.
(1) If the specific information provided by the notice
changes with respect to a subsequent period of FMLA leave
during the six-month period, the employing office shall,
within one or two business days of receipt of the employee's
notice of need for leave, provide written notice referencing
the prior notice and setting forth any of the information in
subparagraph (b) which has changed. For example, if the
initial leave period were paid leave and the subsequent leave
period would be unpaid leave, the employing office may need
to give notice of the arrangements for making premium
payments.
(2)(i) Except as provided in subparagraph (ii), if the
employing office is requiring medical certification or a
``fitness-for-duty'' report, written notice of the
requirement shall be given with respect to each employee
notice of a need for leave.
(ii) Subsequent written notification shall not be required
if the initial notice in the six-month period and the
employing office handbook or other written documents (if any)
describing the employing office's leave policies, clearly
provided that certification or a ``fitness-for-duty'' report
would be required (e.g., by stating that certification would
be required in all cases, by stating that certification would
be required in all cases in which leave of more than a
specified number of days is taken, or by stating that a
``fitness-for-duty'' report would be required in all cases
for back injuries for employees in a certain occupation).
Where subsequent written notice is not required, at least
oral notice shall be provided. (See Sec. 825.305(a).)
(d) Employing offices are also expected to responsively
answer questions from employees concerning their rights and
responsibilities under the FMLA as made applicable under the
CAA.
(e) Employing offices furnishing FMLA-required notices to
sensory impaired individuals must also comply with all
applicable requirements under law.
(f) If an employing office fails to provide notice in
accordance with the provisions of this section, the employing
office may not take action against an employee for failure to
comply with any provision required to be set forth in the
notice.
Sec. 825.302 What notice does an employee have to give an
employing office when the need for FMLA leave is
foreseeable?
(a) An employee must provide the employing office at least
30 days advance notice before FMLA leave is to begin if the
need for the leave is foreseeable based on an expected birth,
placement for adoption or foster care, or planned medical
treatment for a serious health condition of the employee or
of a family member. If 30 days notice is not practicable,
such as because of a lack of knowledge of approximately when
leave will be required to begin, a change in circumstances,
or a medical emergency, notice must be given as soon as
practicable. For example, an employee's health condition may
require leave to commence earlier than anticipated before the
birth of a child. Similarly, little opportunity for notice
may be given before placement for adoption. Whether the leave
is to be continuous or is to be taken intermittently or on a
reduced schedule basis, notice need only be given one time,
but the employee shall advise the employing office as soon as
practicable if dates of scheduled leave change or are
extended, or were initially unknown.
(b) ``As soon as practicable'' means as soon as both
possible and practical, taking into account all of the facts
and circumstances in the individual case. For foreseeable
leave where it is not possible to give as much as 30 days
notice, ``as soon as practicable'' ordinarily would mean at
least verbal notification to the employing office within one
or two business days of when the need for leave becomes known
to the employee.
(c) An employee shall provide at least verbal notice
sufficient to make the employing office aware that the
employee needs FMLA-qualifying leave, and the anticipated
timing and duration of the leave. The employee need not
expressly assert rights under the FMLA as made applicable by
the CAA, or even mention the FMLA, but may only state that
leave is needed for an expected birth or adoption, for
example. The employing office should inquire further of the
employee if it is necessary to have more information about
whether FMLA leave is being sought by the employee, and
obtain the necessary details of the leave to be taken. In the
case of medical conditions, the employing office may find it
necessary to inquire further to determine if the leave is
because of a serious health condition and may request medical
certification to support the need for such leave (see
Sec. 825.305).
(d) An employing office may also require an employee to
comply with the employing office's usual and customary notice
and procedural requirements for requesting leave. For
example, an employing office may require that written notice
set forth the reasons for the requested leave, the
anticipated duration of the leave, and the anticipated start
of the leave. However, failure to follow such internal
employing office procedures will not permit an employing
office to disallow or delay an employee's taking FMLA leave
if the employee gives timely verbal or other notice.
(e) When planning medical treatment, the employee must
consult with the employing office and make a reasonable
effort to schedule the leave so as not to disrupt unduly the
employing office's operations, subject to the approval of the
health care provider. Employees are ordinarily expected to
consult with their employing offices prior to the scheduling
of treatment in order to work out a treatment schedule which
best suits the needs of both the employing office and the
employee. If an employee who provides notice of the need to
take FMLA leave on an intermittent basis for planned medical
treatment neglects to consult with the employing office to
make a reasonable attempt to arrange the schedule of
treatments so as not to unduly disrupt the employing office's
operations, the employing office may initiate discussions
with the employee and require the employee to attempt to make
such arrangements, subject to the approval of the health care
provider.
(f) In the case of intermittent leave or leave on a reduced
leave schedule which is medically necessary, an employee
shall advise the employing office, upon request, of the
reasons why the intermittent/reduced leave schedule is
necessary and of the schedule for treatment, if applicable.
The employee and employing office shall attempt to work out a
schedule which meets the employee's needs without unduly
disrupting the employing office's operations, subject to the
approval of the health care provider.
(g) An employing office may waive employees' FMLA notice
requirements. In addition, an employing office may not
require compliance with stricter FMLA notice requirements
where the provisions of a collective bargaining agreement or
applicable leave plan allow less advance notice to the
employing office. For example, if an employee (or employing
office) elects to substitute paid vacation leave for unpaid
FMLA leave (see Sec. 825.207), and the employing office's
paid vacation leave plan imposes no prior notification
requirements for taking such vacation leave, no advance
notice may be required for the FMLA leave taken in these
circumstances. On the other hand, FMLA notice requirements
would apply to a period of unpaid FMLA leave, unless the
employing office imposes lesser notice requirements on
employees taking leave without pay.
Sec. 825.303 What are the requirements for an employee to
furnish notice to an employing office where the need for
FMLA leave is not foreseeable?
(a) When the approximate timing of the need for leave is
not foreseeable, an employee should give notice to the
employing office of the need for FMLA leave as soon as
practicable under the facts and circumstances of the
particular case. It is expected that an employee will give
notice to the employing office within no more than one or two
working days of learning of the need for leave, except in
extraordinary circumstances where such notice is not
feasible. In the case of a medical emergency requiring leave
because of an employee's own serious health condition or to
care for a family member with a serious health condition,
written advance notice pursuant to an employing office's
internal rules and procedures may not be required when FMLA
leave is involved.
[[Page 778]]
(b) The employee should provide notice to the employing
office either in person or by telephone, telegraph, facsimile
(``fax'') machine or other electronic means. Notice may be
given by the employee's spokesperson (e.g., spouse, adult
family member or other responsible party) if the employee is
unable to do so personally. The employee need not expressly
assert rights under the FMLA, as made applicable by the CAA,
or even mention the FMLA, but may only state that leave is
needed. The employing office will be expected to obtain any
additional required information through informal means. The
employee or spokesperson will be expected to provide more
information when it can readily be accomplished as a
practical matter, taking into consideration the exigencies of
the situation.
Sec. 825.304 What recourse do employing offices have if
employees fail to provide the required notice?
(a) An employing office may waive employees' FMLA notice
obligations or the employing office's own internal rules on
leave notice requirements.
(b) If an employee fails to give 30 days notice for
foreseeable leave with no reasonable excuse for the delay,
the employing office may delay the taking of FMLA leave until
at least 30 days after the date the employee provides notice
to the employing office of the need for FMLA leave.
(c) In all cases, in order for the onset of an employee's
FMLA leave to be delayed due to lack of required notice, it
must be clear that the employee had actual notice of the FMLA
notice requirements. This condition would be satisfied by the
employing office's proper posting, at the worksite where the
employee is employed, of the information regarding the FMLA
provided (pursuant to section 301(h)(2) of the CAA, 2 U.S.C.
1381(h)(2)) by the Office of Compliance to the employing
office in a manner suitable for posting. Furthermore, the
need for leave and the approximate date leave would be taken
must have been clearly foreseeable to the employee 30 days in
advance of the leave. For example, knowledge that an employee
would receive a telephone call about the availability of a
child for adoption at some unknown point in the future would
not be sufficient.
Sec. 825.305 When must an employee provide medical
certification to support FMLA leave?
(a) An employing office may require that an employee's
leave to care for the employee's seriously ill spouse, son,
daughter, or parent, or due to the employee's own serious
health condition that makes the employee unable to perform
one or more of the essential functions of the employee's
position, be supported by a certification issued by the
health care provider of the employee or the employee's ill
family member. An employing office must give notice of a
requirement for medical certification each time a
certification is required; such notice must be written notice
whenever required by Sec. 825.301. An employing office's oral
request to an employee to furnish any subsequent medical
certification is sufficient.
(b) When the leave is foreseeable and at least 30 days
notice has been provided, the employee should provide the
medical certification before the leave begins. When this is
not possible, the employee must provide the requested
certification to the employing office within the time frame
requested by the employing office (which must allow at least
15 calendar days after the employing office's request),
unless it is not practicable under the particular
circumstances to do so despite the employee's diligent, good
faith efforts.
(c) In most cases, the employing office should request that
an employee furnish certification from a health care provider
at the time the employee gives notice of the need for leave
or within two business days thereafter, or, in the case of
unforeseen leave, within two business days after the leave
commences. The employing office may request certification at
some later date if the employing office later has reason to
question the appropriateness of the leave or its duration.
(d) At the time the employing office requests
certification, the employing office must also advise an
employee of the anticipated consequences of an employee's
failure to provide adequate certification. The employing
office shall advise an employee whenever the employing office
finds a certification incomplete, and provide the employee a
reasonable opportunity to cure any such deficiency.
(e) If the employing office's sick or medical leave plan
imposes medical certification requirements that are less
stringent than the certification requirements of these
regulations, and the employee or employing office elects to
substitute paid sick, vacation, personal or family leave for
unpaid FMLA leave where authorized (see Sec. 825.207), only
the employing office's less stringent sick leave
certification requirements may be imposed.
Sec. 825.306 How much information may be required in medical
certifications of a serious health condition?
(a) The Office of Compliance has made available an
optional form (''Certification of Physician or
Practitioner'') for employees' (or their family members') use
in obtaining medical certification, including second and
third opinions, from health care providers that meets FMLA's
certification requirements. (See Appendix B to these
regulations.) This optional form reflects certification
requirements so as to permit the health care provider to
furnish appropriate medical information within his or her
knowledge.
(b) The Certification of Physician or Practitioner form is
modeled closely on Form WH-380, as revised, which was
developed by the Department of Labor (see 29 C.F.R. Part 825,
Appendix B). The employing office may use the Office of
Compliance's form, or Form WH-380, as revised, or another
form containing the same basic information; however, no
additional information may be required. In all instances the
information on the form must relate only to the serious
health condition for which the current need for leave exists.
The form identifies the health care provider and type of
medical practice (including pertinent specialization, if
any), makes maximum use of checklist entries for ease in
completing the form, and contains required entries for:
(1) A certification as to which part of the definition of
``serious health condition'' (see Sec. 825.114), if any,
applies to the patient's condition, and the medical facts
which support the certification, including a brief statement
as to how the medical facts meet the criteria of the
definition.
(2)(i) The approximate date the serious health condition
commenced, and its probable duration, including the probable
duration of the patient's present incapacity (defined to mean
inability to work, attend school or perform other regular
daily activities due to the serious health condition,
treatment therefor, or recovery therefrom) if different.
(ii) Whether it will be necessary for the employee to take
leave intermittently or to work on a reduced leave schedule
basis (i.e., part-time) as a result of the serious health
condition (see Sec. 825.117 and Sec. 825.203), and if so, the
probable duration of such schedule.
(iii) If the condition is pregnancy or a chronic condition
within the meaning of Sec. 825.114(a)(2)(iii), whether the
patient is presently incapacitated and the likely duration
and frequency of episodes of incapacity.
(3)(i)(A) If additional treatments will be required for the
condition, an estimate of the probable number of such
treatments.
(B) If the patient's incapacity will be intermittent, or
will require a reduced leave schedule, an estimate of the
probable number and interval between such treatments, actual
or estimated dates of treatment if known, and period required
for recovery if any.
(ii) If any of the treatments referred to in subparagraph
(i) will be provided by another provider of health services
(e.g., physical therapist), the nature of the treatments.
(iii) If a regimen of continuing treatment by the patient
is required under the supervision of the health care
provider, a general description of the regimen (see
Sec. 825.114(b)).
(4) If medical leave is required for the employee's absence
from work because of the employee's own condition (including
absences due to pregnancy or a chronic condition), whether
the employee:
(i) is unable to perform work of any kind;
(ii) is unable to perform any one or more of the essential
functions of the employee's position, including a statement
of the essential functions the employee is unable to perform
(see Sec. 825.115), based on either information provided on a
statement from the employing office of the essential
functions of the position or, if not provided, discussion
with the employee about the employee's job functions; or
(iii) must be absent from work for treatment.
(5)(i) If leave is required to care for a family member of
the employee with a serious health condition, whether the
patient requires assistance for basic medical or personal
needs or safety, or for transportation; or if not, whether
the employee's presence to provide psychological comfort
would be beneficial to the patient or assist in the patient's
recovery. The employee is required to indicate on the form
the care he or she will provide and an estimate of the time
period.
(ii) If the employee's family member will need care only
intermittently or on a reduced leave schedule basis (i.e.,
part-time), the probable duration of the need.
(c) If the employing office's sick or medical leave plan
requires less information to be furnished in medical
certifications than the certification requirements of these
regulations, and the employee or employing office elects to
substitute paid sick, vacation, personal or family leave for
unpaid FMLA leave where authorized (see Sec. 825.207), only
the employing office's lesser sick leave certification
requirements may be imposed.
Sec. 825.307 What may an employing office do if it questions
the adequacy of a medical certification?
(a) If an employee submits a complete certification signed
by the health care provider, the employing office may not
request additional information from the employee's health
care provider. However, a health care provider representing
the employing office may contact the employee's health care
provider, with the employee's permission, for purposes of
clarification and authenticity of the medical certification.
(1) If an employee is on FMLA leave running concurrently
with a workers' compensation absence, and the provisions of
the workers' compensation statute permit the employing office
or the employing office's representative to have direct
contact with the employee's workers' compensation health care
provider, the employing office may follow the workers'
compensation provisions.
(2) An employing office that has reason to doubt the
validity of a medical certification may require the employee
to obtain a second
[[Page 779]]
opinion at the employing office's expense. Pending receipt of
the second (or third) medical opinion, the employee is
provisionally entitled to the benefits of the FMLA as made
applicable by the CAA, including maintenance of group health
benefits. If the certifications do not ultimately establish
the employee's entitlement to FMLA leave, the leave shall not
be designated as FMLA leave and may be treated as paid or
unpaid leave under the employing office's established leave
policies. The employing office is permitted to designate the
health care provider to furnish the second opinion, but the
selected health care provider may not be employed on a
regular basis by the employing office. See also paragraphs
(e) and (f) of this section.
(b) The employing office may not regularly contract with or
otherwise regularly utilize the services of the health care
provider furnishing the second opinion unless the employing
office is located in an area where access to health care is
extremely limited (e.g., a rural area where no more than one
or two doctors practice in the relevant specialty in the
vicinity).
(c) If the opinions of the employee's and the employing
office's designated health care providers differ, the
employing office may require the employee to obtain
certification from a third health care provider, again at the
employing office's expense. This third opinion shall be final
and binding. The third health care provider must be
designated or approved jointly by the employing office and
the employee. The employing office and the employee must each
act in good faith to attempt to reach agreement on whom to
select for the third opinion provider. If the employing
office does not attempt in good faith to reach agreement, the
employing office will be bound by the first certification. If
the employee does not attempt in good faith to reach
agreement, the employee will be bound by the second
certification. For example, an employee who refuses to agree
to see a doctor in the specialty in question may be failing
to act in good faith. On the other hand, an employing office
that refuses to agree to any doctor on a list of specialists
in the appropriate field provided by the employee and whom
the employee has not previously consulted may be failing to
act in good faith.
(d) The employing office is required to provide the
employee with a copy of the second and third medical
opinions, where applicable, upon request by the employee.
Requested copies are to be provided within two business days
unless extenuating circumstances prevent such action.
(e) If the employing office requires the employee to obtain
either a second or third opinion the employing office must
reimburse an employee or family member for any reasonable
``out of pocket'' travel expenses incurred to obtain the
second and third medical opinions. The employing office may
not require the employee or family member to travel outside
normal commuting distance for purposes of obtaining the
second or third medical opinions except in very unusual
circumstances.
(f) In circumstances when the employee or a family member
is visiting in another country, or a family member resides in
a another country, and a serious health condition develops,
the employing office shall accept a medical certification as
well as second and third opinions from a health care provider
who practices in that country.
Sec. 825.308 Under what circumstances may an employing office
request subsequent recertifications of medical
conditions?
(a) For pregnancy, chronic, or permanent/long-term
conditions under continuing supervision of a health care
provider (as defined in Sec. 825.114(a) (2)(ii), (iii) or
(iv)), an employing office may request recertification no
more often than every 30 days and only in connection with an
absence by the employee, unless:
(1) Circumstances described by the previous certification
have changed significantly (e.g., the duration or frequency
of absences, the severity of the condition, complications);
or
(2) The employing office receives information that casts
doubt upon the employee's stated reason for the absence.
(b)(1) If the minimum duration of the period of incapacity
specified on a certification furnished by the health care
provider is more than 30 days, the employing office may not
request recertification until that minimum duration has
passed unless one of the conditions set forth in paragraph
(c)(1), (2) or (3) of this section is met.
(2) For FMLA leave taken intermittently or on a reduced
leave schedule basis, the employing office may not request
recertification in less than the minimum period specified on
the certification as necessary for such leave (including
treatment) unless one of the conditions set forth in
paragraph (c)(1), (2) or (3) of this section is met.
(c) For circumstances not covered by paragraphs (a) or (b)
of this section, an employing office may request
recertification at any reasonable interval, but not more
often than every 30 days, unless:
(1) The employee requests an extension of leave;
(2) Circumstances described by the previous certification
have changed significantly (e.g., the duration of the
illness, the nature of the illness, complications); or
(3) The employing office receives information that casts
doubt upon the continuing validity of the certification.
(d) The employee must provide the requested recertification
to the employing office within the time frame requested by
the employing office (which must allow at least 15 calendar
days after the employing office's request), unless it is not
practicable under the particular circumstances to do so
despite the employee's diligent, good faith efforts.
(e) Any recertification requested by the employing office
shall be at the employee's expense unless the employing
office provides otherwise. No second or third opinion on
recertification may be required.
Sec. 825.309 What notice may an employing office require
regarding an employee's intent to return to work?
(a) An employing office may require an employee on FMLA
leave to report periodically on the employee's status and
intent to return to work. The employing office's policy
regarding such reports may not be discriminatory and must
take into account all of the relevant facts and circumstances
related to the individual employee's leave situation.
(b) If an employee gives unequivocal notice of intent not
to return to work, the employing office's obligations under
FMLA, as made applicable by the CAA, to maintain health
benefits (subject to requirements of COBRA or 5 U.S.C. 8905a,
whichever is applicable) and to restore the employee cease.
However, these obligations continue if an employee indicates
he or she may be unable to return to work but expresses a
continuing desire to do so.
(c) It may be necessary for an employee to take more leave
than originally anticipated. Conversely, an employee may
discover after beginning leave that the circumstances have
changed and the amount of leave originally anticipated is no
longer necessary. An employee may not be required to take
more FMLA leave than necessary to resolve the circumstance
that precipitated the need for leave. In both of these
situations, the employing office may require that the
employee provide the employing office reasonable notice
(i.e., within two business days) of the changed circumstances
where foreseeable. The employing office may also obtain
information on such changed circumstances through requested
status reports.
Sec. 825.310 Under what circumstances may an employing office
require that an employee submit a medical certification
that the employee is able (or unable) to return to work
(i.e., a ``fitness-for-duty'' report)?
(a) As a condition of restoring an employee whose FMLA
leave was occasioned by the employee's own serious health
condition that made the employee unable to perform the
employee's job, an employing office may have a uniformly-
applied policy or practice that requires all similarly-
situated employees (i.e., same occupation, same serious
health condition) who take leave for such conditions to
obtain and present certification from the employee's health
care provider that the employee is able to resume work.
(b) If the terms of a collective bargaining agreement
govern an employee's return to work, those provisions shall
be applied. Similarly, requirements under the Americans with
Disabilities Act (ADA), as made applicable by the CAA, that
any return-to-work physical be job-related and consistent
with business necessity apply. For example, an attorney could
not be required to submit to a medical examination or inquiry
just because her leg had been amputated. The essential
functions of an attorney's job do not require use of both
legs; therefore such an inquiry would not be job related. An
employing office may require a warehouse laborer, whose back
impairment affects the ability to lift, to be examined by an
orthopedist, but may not require this employee to submit to
an HIV test where the test is not related to either the
essential functions of his/her job or to his/her impairment.
(c) An employing office may seek fitness-for-duty
certification only with regard to the particular health
condition that caused the employee's need for FMLA leave. The
certification itself need only be a simple statement of an
employee's ability to return to work. A health care provider
employed by the employing office may contact the employee's
health care provider with the employee's permission, for
purposes of clarification of the employee's fitness to return
to work. No additional information may be acquired, and
clarification may be requested only for the serious health
condition for which FMLA leave was taken. The employing
office may not delay the employee's return to work while
contact with the health care provider is being made.
(d) The cost of the certification shall be borne by the
employee and the employee is not entitled to be paid for the
time or travel costs spent in acquiring the certification.
(e) The notice that employing offices are required to give
to each employee giving notice of the need for FMLA leave
regarding their FMLA rights and obligations as made
applicable by the CAA (see Sec. 825.301) shall advise the
employee if the employing office will require fitness-for-
duty certification to return to work. If the employing office
has a handbook explaining employment policies and benefits,
the handbook should explain the employing office's general
policy regarding any requirement for fitness-for-duty
certification to return to work. Specific notice shall also
be given to any employee from whom fitness-for-duty
certification will be required either at the time notice of
the need for leave is given or immediately after leave
commences and the employing office is advised of the medical
circumstances requiring
[[Page 780]]
the leave, unless the employee's condition changes from one
that did not previously require certification pursuant to the
employing office's practice or policy. No second or third
fitness-for-duty certification may be required.
(f) An employing office may delay restoration to employment
until an employee submits a required fitness-for-duty
certification unless the employing office has failed to
provide the notices required in paragraph (e) of this
section.
(g) An employing office is not entitled to certification of
fitness to return to duty when the employee takes
intermittent leave as described in Sec. 825.203.
(h) When an employee is unable to return to work after FMLA
leave because of the continuation, recurrence, or onset of
the employee's or family member's serious health condition,
thereby preventing the employing office from recovering its
share of health benefit premium payments made on the
employee's behalf during a period of unpaid FMLA leave, the
employing office may require medical certification of the
employee's or the family member's serious health condition.
(See Sec. 825.213(a)(3).) The cost of the certification shall
be borne by the employee and the employee is not entitled to
be paid for the time or travel costs spent in acquiring the
certification.
Sec. 825.311 What happens if an employee fails to satisfy the
medical certification and/or recertification
requirements?
(a) In the case of foreseeable leave, an employing office
may delay the taking of FMLA leave to an employee who fails
to provide timely certification after being requested by the
employing office to furnish such certification (i.e., within
15 calendar days, if practicable), until the required
certification is provided.
(b) When the need for leave is not foreseeable, or in the
case of recertification, an employee must provide
certification (or recertification) within the time frame
requested by the employing office (which must allow at least
15 days after the employing office's request) or as soon as
reasonably possible under the particular facts and
circumstances. In the case of a medical emergency, it may not
be practicable for an employee to provide the required
certification within 15 calendar days. If an employee fails
to provide a medical certification within a reasonable time
under the pertinent circumstances, the employing office may
delay the employee's continuation of FMLA leave. If the
employee never produces the certification, the leave is not
FMLA leave.
(c) When requested by the employing office pursuant to a
uniformly applied policy for similarly-situated employees,
the employee must provide medical certification at the time
the employee seeks reinstatement at the end of FMLA leave
taken for the employee's serious health condition, that the
employee is fit for duty and able to return to work (see
Sec. 825.310(a)) if the employing office has provided the
required notice (see Sec. 825.301(c); the employing office
may delay restoration until the certification is provided. In
this situation, unless the employee provides either a
fitness-for-duty certification or a new medical certification
for a serious health condition at the time FMLA leave is
concluded, the employee may be terminated. See also
Sec. 825.213(a)(3).
Sec. 825.312 Under what circumstances may an employing office
refuse to provide FMLA leave or reinstatement to eligible
employees?
(a) If an employee fails to give timely advance notice when
the need for FMLA leave is foreseeable, the employing office
may delay the taking of FMLA leave until 30 days after the
date the employee provides notice to the employing office of
the need for FMLA leave. (See Sec. 825.302.)
(b) If an employee fails to provide in a timely manner a
requested medical certification to substantiate the need for
FMLA leave due to a serious health condition, an employing
office may delay continuation of FMLA leave until an employee
submits the certificate. (See Sec. Sec. 825.305 and
825.311.) If the employee never produces the certification,
the leave is not FMLA leave.
(c) If an employee fails to provide a requested fitness-
for-duty certification to return to work, an employing office
may delay restoration until the employee submits the
certificate. (See Sec. Sec. 825.310 and 825.311.)
(d) An employee has no greater right to reinstatement or to
other benefits and conditions of employment than if the
employee had been continuously employed during the FMLA leave
period. Thus, an employee's rights to continued leave,
maintenance of health benefits, and restoration cease under
FMLA, as made applicable by the CAA, if and when the
employment relationship terminates (e.g., layoff), unless
that relationship continues, for example, by the employee
remaining on paid FMLA leave. If the employee is recalled or
otherwise re-employed, an eligible employee is immediately
entitled to further FMLA leave for an FMLA-qualifying reason.
An employing office must be able to show, when an employee
requests restoration, that the employee would not otherwise
have been employed if leave had not been taken in order to
deny restoration to employment. (See Sec. 825.216.)
(e) An employing office may require an employee on FMLA
leave to report periodically on the employee's status and
intention to return to work. (See Sec. 825.309.) If an
employee unequivocally advises the employing office either
before or during the taking of leave that the employee does
not intend to return to work, and the employment relationship
is terminated, the employee's entitlement to continued leave,
maintenance of health benefits, and restoration ceases unless
the employment relationship continues, for example, by the
employee remaining on paid leave. An employee may not be
required to take more leave than necessary to address the
circumstances for which leave was taken. If the employee is
able to return to work earlier than anticipated, the employee
shall provide the employing office two business days notice
where feasible; the employing office is required to restore
the employee once such notice is given, or where such prior
notice was not feasible.
(f) An employing office may deny restoration to employment,
but not the taking of FMLA leave and the maintenance of
health benefits, to an eligible employee only under the terms
of the ``key employee'' exemption. Denial of reinstatement
must be necessary to prevent ``substantial and grievous
economic injury'' to the employing office's operations. The
employing office must notify the employee of the employee's
status as a ``key employee'' and of the employing office's
intent to deny reinstatement on that basis when the employing
office makes these determinations. If leave has started, the
employee must be given a reasonable opportunity to return to
work after being so notified. (See Sec. 825.219.)
(g) An employee who fraudulently obtains FMLA leave from an
employing office is not protected by job restoration or
maintenance of health benefits provisions of the FMLA as made
applicable by the CAA.
(h) If the employing office has a uniformly-applied policy
governing outside or supplemental employment, such a policy
may continue to apply to an employee while on FMLA leave. An
employing office which does not have such a policy may not
deny benefits to which an employee is entitled under FMLA as
made applicable by the CAA on this basis unless the FMLA
leave was fraudulently obtained as in paragraph (g) of this
section.
Subpart D--What Enforcement Mechanisms Does the CAA Provide?
Sec. 825.400 What can employees do who believe that their
rights under the FMLA as made applicable by the CAA have
been violated?
(a) To commence a proceeding, a covered employee alleging a
violation of the rights and protections of the FMLA made
applicable by the CAA must request counseling by the Office
of Compliance not later than 180 days after the date of the
alleged violation. If a covered employee misses this
deadline, the covered employee will be unable to obtain a
remedy under the CAA.
(b) The following procedures are available under title IV
of the CAA for covered employees who believe that their
rights under FMLA as made applicable by the CAA have been
violated:
(1) counseling;
(2) mediation; and
(3) election of either--
(A) a formal complaint, filed with the Office of
Compliance, and a hearing before a hearing officer, subject
to review by the Board of Directors of the Office of
Compliance, and judicial review in the United States Court of
Appeals for the Federal Circuit; or
(B) a civil action in a district court of the United
States.
(c) Regulations of the Office of Compliance describing and
governing these procedures are found at [proposed rules can
be found at 141 Cong. Rec. S17012 (November 14, 1995)].
Sec. 825.401 [Reserved]
Sec. 825.402 [Reserved]
Sec. 825.403 [Reserved]
Sec. 825.404 [Reserved]
Subpart E--[Reserved]
Subpart F--What Special Rules Apply to Employees of Schools?
Sec. 825.600 To whom do the special rules apply?
(a) Certain special rules apply to employees of ``local
educational agencies,'' including public school boards and
elementary schools under their jurisdiction, and private
elementary and secondary schools. The special rules do not
apply to other kinds of educational institutions, such as
colleges and universities, trade schools, and preschools.
(b) Educational institutions are covered by FMLA as made
applicable by the CAA (and these special rules). The usual
requirements for employees to be ``eligible'' apply.
(c) The special rules affect the taking of intermittent
leave or leave on a reduced leave schedule, or leave near the
end of an academic term (semester), by instructional
employees. ``Instructional employees'' are those whose
principal function is to teach and instruct students in a
class, a small group, or an individual setting. This term
includes not only teachers, but also athletic coaches,
driving instructors, and special education assistants such as
signers for the hearing impaired. It does not include, and
the special rules do not apply to, teacher assistants or
aides who do not have as their principal job actual teaching
or instructing, nor does it include auxiliary personnel such
as counselors, psychologists, or curriculum specialists. It
also does not include cafeteria workers, maintenance workers,
or bus drivers.
(d) Special rules which apply to restoration to an
equivalent position apply to all employees of local
educational agencies.
Sec. 825.601 What limitations apply to the taking of
intermittent leave or leave on a reduced leave schedule?
(a) Leave taken for a period that ends with the school year
and begins the next semester
[[Page 781]]
is leave taken consecutively rather than intermittently. The
period during the summer vacation when the employee would not
have been required to report for duty is not counted against
the employee's FMLA leave entitlement. An instructional
employee who is on FMLA leave at the end of the school year
must be provided with any benefits over the summer vacation
that employees would normally receive if they had been
working at the end of the school year.
(1) If an eligible instructional employee needs
intermittent leave or leave on a reduced leave schedule to
care for a family member, or for the employee's own serious
health condition, which is foreseeable based on planned
medical treatment, and the employee would be on leave for
more than 20 percent of the total number of working days over
the period the leave would extend, the employing office may
require the employee to choose either to:
(i) Take leave for a period or periods of a particular
duration, not greater than the duration of the planned
treatment; or
(ii) Transfer temporarily to an available alternative
position for which the employee is qualified, which has
equivalent pay and benefits and which better accommodates
recurring periods of leave than does the employee's regular
position.
(2) These rules apply only to a leave involving more than
20 percent of the working days during the period over which
the leave extends. For example, if an instructional employee
who normally works five days each week needs to take two days
of FMLA leave per week over a period of several weeks, the
special rules would apply. Employees taking leave which
constitutes 20 percent or less of the working days during the
leave period would not be subject to transfer to an
alternative position. ``Periods of a particular duration''
means a block, or blocks, of time beginning no earlier than
the first day for which leave is needed and ending no later
than the last day on which leave is needed, and may include
one uninterrupted period of leave.
(b) If an instructional employee does not give required
notice of foreseeable FMLA leave (see Sec. 825.302) to be
taken intermittently or on a reduced leave schedule, the
employing office may require the employee to take leave of a
particular duration, or to transfer temporarily to an
alternative position. Alternatively, the employing office may
require the employee to delay the taking of leave until the
notice provision is met. See Sec. 825.207(h).
Sec. 825.602 What limitations apply to the taking of leave
near the end of an academic term?
(a) There are also different rules for instructional
employees who begin leave more than five weeks before the end
of a term, less than five weeks before the end of a term, and
less than three weeks before the end of a term. Regular rules
apply except in circumstances when:
(1) An instructional employee begins leave more than five
weeks before the end of a term. The employing office may
require the employee to continue taking leave until the end
of the term if--
(i) The leave will last at least three weeks, and
(ii) The employee would return to work during the three-
week period before the end of the term.
(2) The employee begins leave for a purpose other than the
employee's own serious health condition during the five-week
period before the end of a term. The employing office may
require the employee to continue taking leave until the end
of the term if --
(i) The leave will last more than two weeks, and
(ii) The employee would return to work during the two-week
period before the end of the term.
(3) The employee begins leave for a purpose other than the
employee's own serious health condition during the three-week
period before the end of a term, and the leave will last more
than five working days. The employing office may require the
employee to continue taking leave until the end of the term.
(b) For purposes of these provisions, ``academic term''
means the school semester, which typically ends near the end
of the calendar year and the end of spring each school year.
In no case may a school have more than two academic terms or
semesters each year for purposes of FMLA as made applicable
by the CAA. An example of leave falling within these
provisions would be where an employee plans two weeks of
leave to care for a family member which will begin three
weeks before the end of the term. In that situation, the
employing office could require the employee to stay out on
leave until the end of the term.
Sec. 825.603 Is all leave taken during ``periods of a
particular duration'' counted against the FMLA leave
entitlement?
(a) If an employee chooses to take leave for ``periods of
a particular duration'' in the case of intermittent or
reduced schedule leave, the entire period of leave taken will
count as FMLA leave.
(b) In the case of an employee who is required to take
leave until the end of an academic term, only the period of
leave until the employee is ready and able to return to work
shall be charged against the employee's FMLA leave
entitlement. The employing office has the option not to
require the employee to stay on leave until the end of the
school term. Therefore, any additional leave required by the
employing office to the end of the school term is not counted
as FMLA leave; however, the employing office shall be
required to maintain the employee's group health insurance
and restore the employee to the same or equivalent job
including other benefits at the conclusion of the leave.
Sec. 825.604 What special rules apply to restoration to ``an
equivalent position?''
The determination of how an employee is to be restored to
``an equivalent position'' upon return from FMLA leave will
be made on the basis of ``established school board policies
and practices, private school policies and practices, and
collective bargaining agreements.'' The ``established
policies'' and collective bargaining agreements used as a
basis for restoration must be in writing, must be made known
to the employee prior to the taking of FMLA leave, and must
clearly explain the employee's restoration rights upon return
from leave. Any established policy which is used as the basis
for restoration of an employee to ``an equivalent position''
must provide substantially the same protections as provided
in the FMLA, as made applicable by the CAA, for reinstated
employees. See Sec. 825.215. In other words, the policy or
collective bargaining agreement must provide for restoration
to an ``equivalent position'' with equivalent employment
benefits, pay, and other terms and conditions of employment.
For example, an employee may not be restored to a position
requiring additional licensure or certification.
Subpart G--How Do Other Laws, Employing Office Practices, and
Collective Bargaining Agreements Affect Employee Rights Under the FMLA
as Made Applicable by the CAA?
Sec. 825.700 What if an employing office provides more
generous benefits than required by FMLA as made
applicable by the CAA?
(a) An employing office must observe any employment benefit
program or plan that provides greater family or medical leave
rights to employees than the rights established by the FMLA.
Conversely, the rights established by the FMLA, as made
applicable by the CAA, may not be diminished by any
employment benefit program or plan. For example, a provision
of a collective bargaining agreement (CBA) which provides for
reinstatement to a position that is not equivalent because of
seniority (e.g., provides lesser pay) is superseded by FMLA.
If an employing office provides greater unpaid family leave
rights than are afforded by FMLA, the employing office is not
required to extend additional rights afforded by FMLA, such
as maintenance of health benefits (other than through COBRA
or 5 U.S.C. 8905a, whichever is applicable), to the
additional leave period not covered by FMLA. If an employee
takes paid or unpaid leave and the employing office does not
designate the leave as FMLA leave, the leave taken does not
count against an employee's FMLA entitlement.
(b) Nothing in the FMLA, as made applicable by the CAA,
prevents an employing office from amending existing leave and
employee benefit programs, provided they comply with FMLA as
made applicable by the CAA. However, nothing in the FMLA, as
made applicable by the CAA, is intended to discourage
employing offices from adopting or retaining more generous
leave policies.
(c) [Reserved]
Sec. 825.701 [Reserved]
Sec. 825.702 How does FMLA affect anti-discrimination laws as
applied by section 201 of the CAA?
(a) Nothing in FMLA modifies or affects any applicable law
prohibiting discrimination on the basis of race, religion,
color, national origin, sex, age, or disability (e.g., Title
VII of the Civil Rights Act of 1964, as amended by the
Pregnancy Discrimination Act), as made applicable by the CAA.
FMLA's legislative history explains that FMLA is ``not
intended to modify or affect the Rehabilitation Act of 1973,
as amended, the regulations concerning employment which have
been promulgated pursuant to that statute, or the Americans
with Disabilities Act of 1990, or the regulations issued
under that act. Thus, the leave provisions of the [FMLA] are
wholly distinct from the reasonable accommodation obligations
of employers covered under the [ADA] * * * or the Federal
government itself. The purpose of the FMLA is to make leave
available to eligible employees and employing offices within
its coverage, and not to limit already existing rights and
protection.'' S. Rep. No. 3, 103d Cong., 1st Sess. 38 (1993).
An employing office must therefore provide leave under
whichever statutory provision provides the greater rights to
employees.
(b) If an employee is a qualified individual with a
disability within the meaning of the Americans with
Disabilities Act (ADA), the employing office must make
reasonable accommodations, etc., barring undue hardship, in
accordance with the ADA. At the same time, the employing
office must afford an employee his or her FMLA rights. ADA's
``disability'' and FMLA's ``serious health condition'' are
different concepts, and must be analyzed separately. FMLA
entitles eligible employees to 12 weeks of leave in any 12-
month period, whereas the ADA allows an indeterminate amount
of leave, barring undue hardship, as a reasonable
accommodation. FMLA requires employing offices to maintain
employees' group health plan coverage during FMLA leave on
the same conditions as coverage would have been provided if
the employee had been continuously employed during the leave
period, whereas ADA does not require maintenance of health
insurance unless other employees receive health insurance
during leave under the same circumstances.
[[Page 782]]
(c)(1) A reasonable accommodation under the ADA might be
accomplished by providing an individual with a disability
with a part-time job with no health benefits, assuming the
employing office did not ordinarily provide health insurance
for part-time employees. However, FMLA would permit an
employee to work a reduced leave schedule until the
equivalent of 12 workweeks of leave were used, with group
health benefits maintained during this period. FMLA permits
an employing office to temporarily transfer an employee who
is taking leave intermittently or on a reduced leave schedule
to an alternative position, whereas the ADA allows an
accommodation of reassignment to an equivalent, vacant
position only if the employee cannot perform the essential
functions of the employee's present position and an
accommodation is not possible in the employee's present
position, or an accommodation in the employee's present
position would cause an undue hardship. The examples in the
following paragraphs of this section demonstrate how the two
laws would interact with respect to a qualified individual
with a disability.
(2) A qualified individual with a disability who is also an
``eligible employee'' entitled to FMLA leave requests 10
weeks of medical leave as a reasonable accommodation, which
the employing office grants because it is not an undue
hardship. The employing office advises the employee that the
10 weeks of leave is also being designated as FMLA leave and
will count towards the employee's FMLA leave entitlement.
This designation does not prevent the parties from also
treating the leave as a reasonable accommodation and
reinstating the employee into the same job, as required by
the ADA, rather than an equivalent position under FMLA, if
that is the greater right available to the employee. At the
same time, the employee would be entitled under FMLA to have
the employing office maintain group health plan coverage
during the leave, as that requirement provides the greater
right to the employee.
(3) If the same employee needed to work part-time (a
reduced leave schedule) after returning to his or her same
job, the employee would still be entitled under FMLA to have
group health plan coverage maintained for the remainder of
the two-week equivalent of FMLA leave entitlement,
notwithstanding an employing office policy that part-time
employees do not receive health insurance. This employee
would be entitled under the ADA to reasonable accommodations
to enable the employee to perform the essential functions of
the part-time position. In addition, because the employee is
working a part-time schedule as a reasonable accommodation,
the employee would be shielded from FMLA's provision for
temporary assignment to a different alternative position.
Once the employee has exhausted his or her remaining FMLA
leave entitlement while working the reduced (part-time)
schedule, if the employee is a qualified individual with a
disability, and if the employee is unable to return to the
same full-time position at that time, the employee might
continue to work part-time as a reasonable accommodation,
barring undue hardship; the employee would then be entitled
to only those employment benefits ordinarily provided by the
employing office to part-time employees.
(4) At the end of the FMLA leave entitlement, an employing
office is required under FMLA to reinstate the employee in
the same or an equivalent position, with equivalent pay and
benefits, to that which the employee held when leave
commenced. The employing office's FMLA obligations would be
satisfied if the employing office offered the employee an
equivalent full-time position. If the employee were unable to
perform the essential functions of that equivalent position
even with reasonable accommodation, because of a disability,
the ADA may require the employing office to make a reasonable
accommodation at that time by allowing the employee to work
part-time or by reassigning the employee to a vacant
position, barring undue hardship.
(d)(1) If FMLA entitles an employee to leave, an employing
office may not, in lieu of FMLA leave entitlement, require an
employee to take a job with a reasonable accommodation.
However, ADA may require that an employing office offer an
employee the opportunity to take such a position. An
employing office may not change the essential functions of
the job in order to deny FMLA leave. See Sec. 825.220(b).
(2) An employee may be on a workers' compensation absence
due to an on-the-job injury or illness which also qualifies
as a serious health condition under FMLA. The workers'
compensation absence and FMLA leave may run concurrently
(subject to proper notice and designation by the employing
office). At some point the health care provider providing
medical care pursuant to the workers' compensation injury may
certify the employee is able to return to work in a ``light
duty'' position. If the employing office offers such a
position, the employee is permitted but not required to
accept the position (see Sec. 825.220(d)). As a result, the
employee may no longer qualify for payments from the workers'
compensation benefit plan, but the employee is entitled to
continue on unpaid FMLA leave either until the employee is
able to return to the same or equivalent job the employee
left or until the 12-week FMLA leave entitlement is
exhausted. See Sec. 825.207(d)(2). If the employee returning
from the workers' compensation injury is a qualified
individual with a disability, he or she will have rights
under the ADA.
(e) If an employing office requires certifications of an
employee's fitness for duty to return to work, as permitted
by FMLA under a uniform policy, it must comply with the ADA
requirement that a fitness for duty physical be job-related
and consistent with business necessity.
(f) Under Title VII of the Civil Rights Act of 1964, as
amended by the Pregnancy Discrimination Act, and as made
applicable by the CAA, an employing office should provide the
same benefits for women who are pregnant as the employing
office provides to other employees with short-term
disabilities. Because Title VII does not require employees to
be employed for a certain period of time to be protected, an
employee employed for less than 12 months by any employing
office (and, therefore, not an ``eligible'' employee under
FMLA, as made applicable by the CAA) may not be denied
maternity leave if the employing office normally provides
short-term disability benefits to employees with the same
tenure who are experiencing other short-term disabilities.
(g) For further information on Federal anti-discrimination
laws applied by section 201 of the CAA (2 U.S.C. 1311),
including Title VII, the Rehabilitation Act, and the ADA,
individuals are encouraged to contact the Office of
Compliance.
Subpart H--Definitions
Sec. 825.800 Definitions.
For purposes of this part:
ADA means the Americans With Disabilities Act (42 U.S.C.
12101 et seq.).
CAA means the Congressional Accountability Act of 1995
(Pub. Law 104-1, 109 Stat. 3, 2 U.S.C. 1301 et seq.).
COBRA means the continuation coverage requirements of Title
X of the Consolidated Omnibus Budget Reconciliation Act of
1986 (Pub. Law 99-272, title X, section 10002; 100 Stat. 227;
as amended; 29 U.S.C. 1161-1168).
Continuing treatment means: A serious health condition
involving continuing treatment by a health care provider
includes any one or more of the following:
(1) A period of incapacity (i.e., inability to work, attend
school or perform other regular daily activities due to the
serious health condition, treatment therefor, or recovery
therefrom) of more than three consecutive calendar days, and
any subsequent treatment or period of incapacity relating to
the same condition, that also involves:
(i) Treatment two or more times by a health care provider,
by a nurse or physician's assistant under direct supervision
of a health care provider, or by a provider of health care
services (e.g., physical therapist) under orders of, or on
referral by, a health care provider; or
(ii) Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
under the supervision of the health care provider.
(2) Any period of incapacity due to pregnancy, or for
prenatal care.
(3) Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A
chronic serious health condition is one which:
(i) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(ii) Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
(iii) May cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.).
(4) A period of incapacity which is permanent or long-term
due to a condition for which treatment may not be effective.
The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment
by, a health care provider. Examples include Alzheimer's, a
severe stroke, or the terminal stages of a disease.
(5) Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care
provider or by a provider of health care services under
orders of, or on referral by, a health care provider, either
for restorative surgery after an accident or other injury, or
for a condition that would likely result in a period of
incapacity of more than three consecutive calendar days in
the absence of medical intervention or treatment, such as
cancer (chemotherapy, radiation, etc.), severe arthritis
(physical therapy), kidney disease (dialysis).
Covered employee--The term ``covered employee'', as defined
in the CAA, means any employee of--(1) the House of
Representatives; (2) the Senate; (3) the Capitol Guide
Service; (4) the Capitol Police; (5) the Congressional Budget
Office; (6) the Office of the Architect of the Capitol; (7)
the Office of the Attending Physician; (8) the Office of
Compliance; or (9) the Office of Technology Assessment.
Eligible employee--The term ``eligible employee'', as
defined in the CAA, means a covered employee who has been
employed in any employing office for 12 months and for at
least 1,250 hours of employment during the previous 12
months.
Employ means to suffer or permit to work.
Employee means an employee as defined in the CAA and
includes an applicant for employment and a former employee.
Employee employed in an instructional capacity. See
Teacher.
Employee of the Capitol Police--The term ``employee of the
Capitol Police'' includes any member or officer of the
Capitol Police.
Employee of the House of Representatives--The term
``employee of the House of
[[Page 783]]
Representatives'' includes an individual occupying a position
the pay for which is disbursed by the Clerk of the House of
Representatives, or another official designated by the House
of Representatives, or any employment position in an entity
that is paid with funds derived from the clerk-hire allowance
of the House of Representatives but not any such individual
employed by any entity listed in subparagraphs (3) through
(9) under ``covered employee'' above.
Employee of the Office of the Architect of the Capitol--The
term ``employee of the Office of the Architect of the
Capitol'' includes any employee of the Office of the
Architect of the Capitol, the Botanic Garden, or the Senate
Restaurants.
Employee of the Senate--The term ``employee of the Senate''
includes any employee whose pay is disbursed by the Secretary
of the Senate, but not any such individual employed by any
entity listed in subparagraphs (3) through (9) under
``covered employee'' above.
Employing Office--The term ``employing office'', as defined
in the CAA, means:
(1) the personal office of a Member of the House of
Representatives or of a Senator;
(2) a committee of the House of Representatives or the
Senate or a joint committee;
(3) any other office headed by a person with the final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an employee of
the House of Representatives or the Senate; or
(4) the Capitol Guide Board, the Capitol Police Board, the
Congressional Budget Office, the Office of the Architect of
the Capitol, the Office of the Attending Physician, the
Office of Compliance, and the Office of Technology
Assessment.
Employment benefits means all benefits provided or made
available to employees by an employing office, including
group life insurance, health insurance, disability insurance,
sick leave, annual leave, educational benefits, and pensions,
regardless of whether such benefits are provided by a
practice or written policy of an employing office or through
an employee benefit plan. The term does not include non-
employment related obligations paid by employees through
voluntary deductions such as supplemental insurance coverage.
(See Sec. 825.209(a)).
FLSA means the Fair Labor Standards Act (29 U.S.C. 201 et
seq.).
FMLA means the Family and Medical Leave Act of 1993, Public
Law 103-3 (February 5, 1993), 107 Stat. 6 (29 U.S.C. 2601 et
seq.).
Group health plan means the Federal Employees Health
Benefits Program and any other plan of, or contributed to by,
an employing office (including a self-insured plan) to
provide health care (directly or otherwise) to the employing
office's employees, former employees, or the families of such
employees or former employees. For purposes of FMLA, as made
applicable by the CAA, the term ``group health plan'' shall
not include an insurance program providing health coverage
under which employees purchase individual policies from
insurers provided that:
(1) no contributions are made by the employing office;
(2) participation in the program is completely voluntary
for employees;
(3) the sole functions of the employing office with respect
to the program are, without endorsing the program, to permit
the insurer to publicize the program to employees, to collect
premiums through payroll deductions and to remit them to the
insurer;
(4) the employing office receives no consideration in the
form of cash or otherwise in connection with the program,
other than reasonable compensation, excluding any profit, for
administrative services actually rendered in connection with
payroll deduction; and,
(5) the premium charged with respect to such coverage does
not increase in the event the employment relationship
terminates.
Health care provider means:
(1) A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery by the State in which the doctor
practices; or
(2) Podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors (limited to treatment
consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized to
practice in the State and performing within the scope of
their practice as defined under State law; and
(3) Nurse practitioners, nurse-midwives and clinical social
workers who are authorized to practice under State law and
who are performing within the scope of their practice as
defined under State law; and
(4) Christian Science practitioners listed with the First
Church of Christ, Scientist in Boston, Massachusetts.
(5) Any health care provider from whom an employing office
or a group health plan's benefits manager will accept
certification of the existence of a serious health condition
to substantiate a claim for benefits.
(6) A health care provider as defined above who practices
in a country other than the United States, who is licensed to
practice in accordance with the laws and regulations of that
country.
``Incapable of self-care'' means that the individual
requires active assistance or supervision to provide daily
self-care in several of the ``activities of daily living''
(ADLs) or ``instrumental activities of daily living''
(IADLs). Activities of daily living include adaptive
activities such as caring appropriately for one's grooming
and hygiene, bathing, dressing and eating. Instrumental
activities of daily living include cooking, cleaning,
shopping, taking public transportation, paying bills,
maintaining a residence, using telephones and directories,
using a post office, etc.
Instructional employee: See Teacher.
Intermittent leave means leave taken in separate periods of
time due to a single illness or injury, rather than for one
continuous period of time, and may include leave of periods
from an hour or more to several weeks. Examples of
intermittent leave would include leave taken on an occasional
basis for medical appointments, or leave taken several days
at a time spread over a period of six months, such as for
chemotherapy.
Mental disability: See Physical or mental disability.
Office of Compliance means the independent office
established in the legislative branch under section 301 of
the CAA (2 U.S.C. 1381).
Parent means the biological parent of an employee or an
individual who stands or stood in loco parentis to an
employee when the employee was a child.
Physical or mental disability means a physical or mental
impairment that substantially limits one or more of the major
life activities of an individual. See the Americans with
Disabilities Act (ADA), as made applicable by section
201(a)(3) of the CAA (2 U.S.C. 1311(a)(3)).
Reduced leave schedule means a leave schedule that reduces
the usual number of hours per workweek, or hours per workday,
of an employee.
Secretary means the Secretary of Labor or authorized
representative.
Serious health condition entitling an employee to FMLA
leave means:
(1) an illness, injury, impairment, or physical or mental
condition that involves:
(i) Inpatient care (i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any
period of incapacity (for purposes of this section, defined
to mean inability to work, attend school or perform other
regular daily activities due to the serious health condition,
treatment therefor, or recovery therefrom), or any subsequent
treatment in connection with such inpatient care; or
(ii) Continuing treatment by a health care provider. A
serious health condition involving continuing treatment by a
health care provider includes:
(A) A period of incapacity (i.e., inability to work, attend
school or perform other regular daily activities due to the
serious health condition, treatment therefor, or recovery
therefrom) of more than three consecutive calendar days,
including any subsequent treatment or period of incapacity
relating to the same condition, that also involves:
(1) Treatment two or more times by a health care provider,
by a nurse or physician's assistant under direct supervision
of a health care provider, or by a provider of health care
services (e.g., physical therapist) under orders of, or on
referral by, a health care provider; or
(2) Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
under the supervision of the health care provider.
(B) Any period of incapacity due to pregnancy, or for
prenatal care.
(C) Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A
chronic serious health condition is one which:
(1) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(2) Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.).
(D) A period of incapacity which is permanent or long-term
due to a condition for which treatment may not be effective.
The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment
by, a health care provider. Examples include Alzheimer's, a
severe stroke, or the terminal stages of a disease.
(E) Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care
provider or by a provider of health care services under
orders of, or on referral by, a health care provider, either
for restorative surgery after an accident or other injury, or
for a condition that would likely result in a period of
incapacity of more than three consecutive calendar days in
the absence of medical intervention or treatment, such as
cancer (chemotherapy, radiation, etc.), severe arthritis
(physical therapy), kidney disease (dialysis).
(2) Treatment for purposes of paragraph (1) of this
definition includes (but is not limited to) examinations to
determine if a serious health condition exists and
evaluations of the condition. Treatment does not include
routine physical examinations, eye examinations, or dental
examinations. Under paragraph (1)(ii)(A)(2) of this
definition, a regimen of continuing treatment includes, for
example, a course of prescription medication (e.g., an
antibiotic) or therapy requiring special equipment to resolve
or alleviate the health condition (e.g., oxygen). A regimen
of continuing treatment that includes the taking of over-the-
counter medications such as aspirin, antihistamines, or
salves; or bed-rest, drinking fluids, exercise, and other
similar activities that can be initiated without a visit to a
health care provider, is not,
[[Page 784]]
by itself, sufficient to constitute a regimen of continuing
treatment for purposes of FMLA leave.
(3) Conditions for which cosmetic treatments are
administered (such as most treatments for acne or plastic
surgery) are not ``serious health conditions'' unless
inpatient hospital care is required or unless complications
develop. Ordinarily, unless complications arise, the common
cold, the flu, ear aches, upset stomach, minor ulcers,
headaches other than migraine, routine dental or orthodontia
problems, periodontal disease, etc., are examples of
conditions that do not meet the definition of a serious
health condition and do not qualify for FMLA leave.
Restorative dental or plastic surgery after an injury or
removal of cancerous growths are serious health conditions
provided all the other conditions of this regulation are met.
Mental illness resulting from stress or allergies may be
serious health conditions, but only if all the conditions of
this section are met.
(4) Substance abuse may be a serious health condition if
the conditions of this section are met. However, FMLA leave
may only be taken for treatment for substance abuse by a
health care provider or by a provider of health care services
on referral by a health care provider. On the other hand,
absence because of the employee's use of the substance,
rather than for treatment, does not qualify for FMLA leave.
(5) Absences attributable to incapacity under paragraphs
(1)(ii)(B) or (C) of this definition qualify for FMLA leave
even though the employee or the immediate family member does
not receive treatment from a health care provider during the
absence, and even if the absence does not last more than
three days. For example, an employee with asthma may be
unable to report for work due to the onset of an asthma
attack or because the employee's health care provider has
advised the employee to stay home when the pollen count
exceeds a certain level. An employee who is pregnant may be
unable to report to work because of severe morning sickness.
Son or daughter means a biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a person
standing in loco parentis, who is under 18 years of age or 18
years of age or older and incapable of self-care because of a
mental or physical disability.
Spouse means a husband or wife as defined or recognized
under State law for purposes of marriage in the State where
the employee resides, including common law marriage in States
where it is recognized.
State means any State of the United States or the District
of Columbia or any Territory or possession of the United
States.
Teacher (or employee employed in an instructional capacity,
or instructional employee) means an employee employed
principally in an instructional capacity by an educational
agency or school whose principal function is to teach and
instruct students in a class, a small group, or an individual
setting, and includes athletic coaches, driving instructors,
and special education assistants such as signers for the
hearing impaired. The term does not include teacher
assistants or aides who do not have as their principal
function actual teaching or instructing, nor auxiliary
personnel such as counselors, psychologists, curriculum
specialists, cafeteria workers, maintenance workers, bus
drivers, or other primarily noninstructional employees.
Appendix A to Part 825--[Reserved]
Appendix B to Part 825--Certification of Physician or Practitioner
Certification of Health Care Provider
(Family and Medical Leave Act of 1993 as Made Applicable by the
Congressional Accountability Act of 1995)
1. Employee's Name:
2. Patient's Name (if different from employee):
3. The attached sheet describes what is meant by a
``serious health condition'' under the Family and Medical
Leave Act as made applicable by the Congressional
Accountability Act. Does the patient's condition \1\ qualify
under any of the categories described? If so, please check
the applicable category.
---------------------------------------------------------------------------
\1\ Footnotes at the end of appendix B.
---------------------------------------------------------------------------
(1) ________ (2) ________ (3) ________ (4) ________ (5)
________ (6) ________, or None of the above ________
4. Describe the medical facts which support your
certification, including a brief statement as to how the
medical facts meet the criteria of one of these categories:
5.a. State the approximate date the condition commenced,
and the probable duration of the condition (and also the
probable duration of the patient's present incapacity
2 if different):
b. Will it be necessary for the employee to take work only
intermittently or to work on a less than full schedule as a
result of the condition (including for treatment described in
Item 6 below)? ________
If yes, give probable duration:
c. If the condition is a chronic condition (condition #4)
or pregnancy, state whether the patient is presently
incapacitated \2\ and the likely duration and frequency of
episodes of incapacity \2\:
6.a. If additional treatments will be required for the
condition, provide an estimate of the probable number of such
treatments:
If the patient will be absent from work or other daily
activities because of treatment on an intermittent or part-
time basis, also provide an estimate of the probable number
and interval between such treatments, actual or estimated
dates of treatment if known, and period required for recovery
if any:
b. If any of these treatments will be provided by another
provider of health services (e.g., physical therapist),
please state the nature of the treatments:
c. If a regimen of continuing treatment by the patient is
required under your supervision, provide a general
description of such regimen (e.g., prescription drugs,
physical therapy requiring special equipment):
7.a. If medical leave is required for the employee's
absence from work because of the employee's own condition
(including absences due to pregnancy or a chronic condition),
is the employee unable to perform work of any kind? ________
b. If able to perform some work, is the employee unable to
perform any one or more of the essential functions of the
employee's job (the employee or the employer should supply
you with information about the essential job functions)?
________ If yes, please list the essential functions the
employee is unable to perform: ________
c. If neither a. nor b. applies, is it necessary for the
employee to be absent from work for treatment? ________
8.a. If leave is required to care for a family member of
the employee with a serious health condition, does the
patient require assistance for basic medical or personal
needs or safety, or for transportation? ________
b. If no, would the employee's presence to provide
psychological comfort be beneficial to the patient or assist
in the patient's recovery? ________
c. If the patient will need care only intermittently or on
a part-time basis, please indicate the probable duration of
this need:
(Signature of Health Care Provider)
(Type of Practice)
(Address)
(Telephone number)
To be completed by the employee needing family leave to
care for a family member:
State the care you will provide and an estimate of the
period during which care will be provided, including a
schedule if leave is to be taken intermittently or if it will
be necessary for you to work less than a full schedule:
(Employee signature)
(Date)
A ``Serious Health Condition'' means an illness, injury,
impairment, or physical or mental condition that involves one
of the following:
1. Hospital Care.--Inpatient care (i.e., an overnight stay)
in a hospital, hospice, or residential medical care facility,
including any period of incapacity \1\ or subsequent
treatment in connection with or consequent to such inpatient
care.
2. Absence Plus Treatment.--(a) A period of incapacity \2\
of more than three consecutive calendar days (including any
subsequent treatment or period of incapacity \2\ relating to
the same condition), that also involves:
(1) Treatment \3\ two or more times by a health care
provider, by a nurse or physician's assistant under direct
supervision of a health care provider, or by a provider of
health care services (e.g., physical therapist) under orders
of, or on referral by, a health care provider: or
(2) Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
4 under the supervision of the health care
provider.
3. Pregnancy.--Any period of incapacity due to pregnancy,
or for prenatal care.
4. Chronic Conditions Requiring Treatments.--A chronic
condition which:
(1) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(2) Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of
incapacity \2\ (e.g., asthma, diabetes, epilepsy, etc.)
5. Permanent/Long-term Conditions Requiring Supervision.--A
period of incapacity \2\ which is permanent or long-term due
to a condition for which treatment may not be effective. The
employee or family member must be under the continuing
supervision of, but need not be receiving active treatment
by, a health care provider. Examples include Alzheimer's, a
severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-Chronic Conditions).--Any
period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider
or by a provider of health care services under orders of, or
on referral by, a health care provider, either for
restorative surgery after an accident or other injury, or for
a condition that would likely result in a period of
incapacity \2\ of more than three consecutive calendar days
in the absence of medical intervention or treatment, such as
cancer (chemotherapy, radiation, etc.), severe arthritis
(physical therapy), kidney disease (dialysis).
Footnotes
\1\ Here and elsewhere on this form, the information sought
relates only to the condition for which the employee is
taking FMLA leave.
[[Page 785]]
\2\ ``Incapacity,'' for purposes of FMLA as make applicable
by the CAA, is defined to mean inability to work, attend
school or perform other regular daily activities due to the
serious health condition, treatment therefore, or recovery
therefrom.
3 Treatment includes examinations to determine if
a serious health condition exists and evaluations of the
condition. Treatment does not include routine physical
examinations, eye examinations, or dental examinations.
4 A regimen of continuing treatment includes, for
example, a course of prescription medication (e.g., an
antibiotic) or therapy requiring special equipment to resolve
or alleviate the health condition. A regimen of treatment
does not include the taking of over-the-counter medications
such as aspirin, antihistamines, or salves; or bed-rest,
drinking fluids, exercise, and other similar activities that
can be initiated without a visit to a health care provider.
Appendix C to Part 825--[Reserved]
Appendix D to Part 825--Prototype Notice: Employing Office Response to
Employee Request for Family and Medical Leave
Employing office response to employee request for family or medical
leave
(Optional use form--see Sec. 825.301(b)(1) of the regulations of the
Office of Compliance)
(Family and Medical Leave Act of 1993, as made applicable by the
Congressional Accountability Act of 1995)
(Date)
To:____________________
(Employee's name)
From:____________________
(Name of appropriate employing office representative)
Subject: Request for Family/Medical Leave
On________, (date) you notified us of your need to take
family/medical leave due to: (date)
the birth of your child, or the placement of a child with
you for adoption or foster care; or
a serious health condition that makes you unable to
perform the essential functions of your job; or
a serious health condition affecting your ``spouse,
``child, ``parent, for which you are needed to provide care.
You notified us that you need this leave beginning on
________(date) and that you expect leave to continue until on
or about________ (date).
Except as explained below, you have a right under the FMLA,
as made applicable by the CAA, for up to 12 weeks of unpaid
leave in a 12-month period for the reasons listed above.
Also, your health benefits must be maintained during any
period of unpaid leave under the same conditions as if you
continued to work, and you must be reinstated to the same or
an equivalent job with the same pay, benefits, and terms and
conditions of employment on your return from leave. If you do
not return to work following FMLA leave for a reason other
than: (1) the continuation, recurrence, or onset of a serious
health condition which would entitle you to FMLA leave; or
(2) other circumstances beyond your control, you may be
required to reimburse us for our share of health insurance
premiums paid on your behalf during your FMLA leave.
This is to inform you that: (check appropriate boxes;
explain where indicated)
1. You are {time} eligible {time} not eligible for leave
under the FMLA as made applicable by the CAA.
2. The requested leave {time} will {time} will not be
counted against your annual FMLA leave entitlement.
3. You {time} will {time} will not be required to furnish
medical certification of a serious health condition. If
required, you must furnish certification by________ (insert
date) (must be at least 15 days after you are notified of
this requirement) or we may delay the commencement of your
leave until the certification is submitted.
4. You may elect to substitute accrued paid leave for
unpaid FMLA leave. We {time} will {time} will not require
that you substitute accrued paid leave for unpaid FMLA leave.
If paid leave will be used the following conditions will
apply: (Explain)
5(a). If you normally pay a portion of the premiums for
your health insurance, these payments will continue during
the period of FMLA leave. Arrangements for payment have been
discussed with you and it is agreed that you will make
premium payments as follows: (Set forth dates, e.g., the 10th
of each month, or pay periods, etc. that specifically cover
the agreement with the employee.)
(b). You have a minimum 30-day (or, indicate longer period,
if applicable) grace period in which to make premium
payments. If payment is not made timely, your group health
insurance may be cancelled, provided we notify you in writing
at least 15 days before the date that your health coverage
will lapse, or, at our option, we may pay your share of the
premiums during FMLA leave, and recover these payments from
you upon your return to work. We {time} will {time} will
not pay your share of health insurance premiums while you are
on leave.
(c). We {time} will {time} will not do the same with
other benefits (e.g., life insurance, disability insurance,
etc.) while you are on FMLA leave. If we do pay your premiums
for other benefits, when you return from leave you {time}
will {time} will not be expected to reimburse us for the
payments made on your behalf.
6. You {time} will {time} will not be required to present
a fitness-for-duty certificate prior to being restored to
employment. If such certification is required but not
received, your return to work may be delayed until the
certification is provided.
7(a). You {time} are {time} are not a ``key employee'' as
described in Sec. 825.218 of the Office of Compliance's FMLA
regulations. If you are a ``key employee,'' restoration to
employment may be denied following FMLA leave on the grounds
that such restoration will cause substantial and grievous
economic injury to us.
(b). We {time} have {time} have not determined that
restoring you to employment at the conclusion of FMLA leave
will cause substantial and grievous economic harm to us.
(Explain (a) and/or (b) below. See Sec. 825.219 of the Office
of Compliance's FMLA regulations.)
8. While on leave, you {time} will {time} will not be
required to furnish us with periodic reports every ________
(indicate interval of periodic reports, as appropriate for
the particular leave situation) of your status and intent to
return to work (see Sec. 825.309 of the Office of
Compliance's FMLA regulations). If the circumstances of your
leave change and you are able to return to work earlier than
the date indicated on the reverse side of this form, you
{time} will {time} will not be required to notify us at
least two work days prior to the date you intend to report
for work.
9. You {time} will {time} will not be required to furnish
recertification relating to a serious health condition.
(Explain below, if necessary, including the interval between
certifications as prescribed in Sec. 825.308 of the Office of
Compliance's FMLA regulations.)
Subtitle C--Regulations relating to the employing offices other than
those of the Senate and the House of Representatives--C series
Chapter III--Regulations Relating to the Rights and Protections Under
the Fair Labor Standards Act of 1938
Part C501--General provisions
Sec.
C501.00 Corresponding section table of the FLSA regulations
of the Labor Department and the CAA regulations of the
Office of Compliance.
C501.101 Purpose and scope.
C501.102 Definitions.
C501.103 Coverage.
C501.104 Administrative authority.
C501.105 Effect of Interpretations of the Labor Department.
C501.106 Application of the Portal-to-Portal Act of 1947.
C501.107 [Reserved]
Sec. C501.00 Corresponding section table of the FLSA
regulations of the Labor Department and the CAA
regulations of the Office of Compliance
The following table lists the parts of the Secretary of
Labor Regulations at Title 29 of the Code of Federal
Regulations under the FLSA with the corresponding parts of
the Office of Compliance (OC) Regulations under Section 203
of the CAA:
Secretary of Labor regulations OC regulations
Part 531 Wage payments under the Fair Labor Standards Act of 1Part C531
Part 541 Defining and delimiting the terms ``bona fide executive,''
``administrative,'' and ``professional'' employees..........Part C541
Part 547 Requirements of a ``Bona fide thrift or savings plan'Part C547
Part 553 Application of the FLSA to employees of public agenciPart C553
Part 570 Child labor..........................................Part C570
Subpart A--Matters of general applicability
Sec. C501.101 Purpose and scope
(a) Section 203 of the Congressional Accountability Act
(CAA) provides that the rights and protections of subsections
(a)(1) and (d) of section 6, section 7, and section 12(c) of
the Fair Labor Standards Act of 1938 (FLSA) (29 U.S.C.
Sec. Sec. 206(a)(1) & (d), 207, 212(c)) shall apply to
covered employees of the legislative branch of the Federal
government. Section 301 of the CAA creates the Office of
Compliance as an independent office in the legislative branch
for enforcing the rights and protections of the FLSA, as
applied by the CAA.
(b) The FLSA as applied by the CAA provides for minimum
standards for both wages and overtime entitlements, and
delineates administrative procedures by which covered
worktime must be compensated. Included also in the FLSA are
provisions related to child labor, equal pay, and portal-to-
portal activities. In addition, the FLSA exempts specified
employees or groups of employees from the application of
certain of its provisions.
(c) This chapter contains the substantive regulations with
respect to the FLSA that the Board of Directors of the Office
of Compliance has adopted pursuant to Sections 203(c) and 304
of the CAA, which requires that the Board promulgate
regulations that are ``the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) [of
Sec. 203 of the CAA] except insofar as the Board may
determine, for good cause shown . . . That a modification of
such regulations would be more effective for the
implementation of the rights and protections under this
section.''
(d) These regulations are issued by the Board of Directors,
Office of Compliance, pursuant to sections 203(c) and 304 of
the CAA, which directs the Board to promulgate regulations
implementing section 203 that are ``the same as substantive
regulations promulgated by the Secretary of Labor to
implement the statutory provisions referred to in subsection
a [of section 203 of the CAA] except insofar as the Board may
determine, for good cause shown . . . that a modification
[[Page 786]]
of such regulations would be more effective for the
implementation of the rights and protections under this
section.'' The regulations issued by the Board herein are on
all matters for which section 203 of the CAA requires a
regulations to be issued. Specifically, it is the Board's
considered judgment, based on the information available to it
at the time of the promulgation of these regulations, that,
with the exception of regulations adopted and set forth
herein, there are no other ``substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsection (a) [of
section 203 of the CAA].''
(e) In promulgating these regulations, the Board has made
certain technical and nomenclature changes to the regulations
as promulgated by the Secretary. Such changes are intended to
make the provisions adopted accord more naturally to
situations in the legislative branch. However, by making
these changes, the Board does not intend a substantive
difference between these regulations and those of the
Secretary from which they are derived. Moreover, such
changes, in and of themselves, are not intended to constitute
an interpretation of the regulation or of the statutory
provisions of the CAA upon which they are based.
Sec. C501.102 Definitions
For purposes of this chapter:
(a) CAA means the Congressional Accountability Act of 1995
(P.L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-1438).
(b) FLSA or Act means the Fair Labor Standards Act of 1938,
as amended (29 U.S.C. Sec. 201 et seq.), as applied by
section 203 of the CAA to covered employees and employing
offices.
(c) Covered employee means any employee, including an
applicant for employment and a former employee, of the (1)
the Capitol Guide Service; (2) the Capitol Police; (3) the
Congressional Budget Office; (4) the Office of the Architect
of the Capitol; (5) the Office of the Attending Physician;
(6) the Office of Compliance; or (7) the Office of Technology
Assessment, but shall not include an intern.
(d)(1) Employee of the Office of the Architect of the
Capitol includes any employee of the Architect of the
Capitol, the Botanic Garden, or the Senate Restaurants;
(2) Employee of the Capitol Police includes any member or
officer of the Capitol Police.
(e) Employing office and employer mean (1) the Capitol
Guide Service; (2) the Capitol Police; (3) the Congressional
Budget Office; (4) the Office of the Architect of the
Capitol; (5) the Office of the Attending Physician; (6) the
Office of Compliance; or (7) the Office of Technology
Assessment.
(f) Board means the Board of Directors of the Office of
Compliance.
(g) Office means the Office of Compliance.
(h) Intern is an individual who (a) is performing services
in an employing office as part of a demonstrated educational
plan, and (b) is appointed on a temporary basis for a period
not to exceed 12 months; provided that if an intern is
appointed for a period shorter than 12 months, the intern may
be reappointed for additional periods as long as the total
length of the internship does not exceed 12 months; provided
further that the defintion of intern does not include
volunteers, fellows or pages.
Sec. C501.103 Coverage
The coverage of Section 203 of the CAA extends to any
covered employee of an employing office without regard to
whether the covered employee is engaged in commerce or the
production of goods for interstate commerce and without
regard to size, number of employees, amount of business
transacted, or other measure.
Sec. C501.104 Administrative authority
(a) The Office of Compliance is authorized to administer
the provisions of Section 203 of the Act with respect to any
covered employee or covered employer.
(b) The Board is authorized to promulgate substantive
regulations in accordance with the provisions of Sections
203(c) and 304 of the CAA.
Sec. C501.105 Effect of interpretations of the Department of
Labor
(a) In administering the FLSA, the Wage and Hour Division
of the Department of Labor has issued not only substantive
regulations but also interpretative bulletins. Substantive
regulations represent an exercise of statutorily-delegated
lawmaking authority from the legislative branch to an
administrative agency. Generally, they are proposed in
accordance with the notice-and-comment procedures of the
Administrative Procedure Act (APA), 5 U.S.C. Sec. 553. Once
promulgated, such regulations are considered to have the
force and effect of law, unless set aside upon judicial
review as arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law. See Batterton v.
Francis, 432 U.S. 416, 425 n.9 (1977). See also 29 C.F.R.
Sec. 790.17(b) (1994). Unlike substantive regulations,
interpretative statements, including bulletins and other
releases of the Wage and Hour Division, are not issued
pursuant to the provisions of the APA and may not have the
force and effect of law. Rather, they may only constitute
official interpretations of the Department of Labor with
respect to the meaning and application of the minimum wage,
maximum hour, and overtime pay requirements of the FLSA. See
29 C.F.R. Sec. 790.17(c) (citing Final Report of the Attorney
General's Committee on Administrative Procedure, Senate
Document No.8, 77th Cong., 1st Sess., at p. 27 (1941)). The
purpose of such statements is to make available in one place
the interpretations of the FLSA which will guide the
Secretary of Labor and the Wage and Hour Administrator in the
performance of their duties unless and until they are
otherwise directed by authoritative decisions of the courts
or conclude, upon reexamination of an interpretation, that it
is incorrect. The Supreme Court has observed: ``[T]he
rulings, interpretations and opinions of the Administrator
under this Act, while not controlling upon the courts by
reason of their authority, do constitute a body of experience
and informed judgment to which courts and litigants may
properly resort for guidance. The weight of such a judgment
in a particular case will depend upon the thoroughness
evident in the consideration, the validity of its reasoning,
its consistency with earlier and later pronouncements, and
all those factors which give it power to persuade, if lacking
power to control.'' Skidmore v. Swift, 323 U.S. 134, 140
(1944).
(b) Section 203(c) of the CAA provides that the substantive
regulations implementing Section 203 of the CAA shall be
``the same as substantive regulations promulgated by the
Secretary of Labor'' except where the Board finds, for good
cause shown, that a modification would more effectively
implement the rights and protections established by the FLSA.
Thus, the CAA by its terms does not mandate that the Board
adopt the interpretative statements of the Department of
Labor or its Wage and Hour Division. The Board is thus not
adopting such statements as part of its substantive
regulations.
Sec. C501.106 Application of the Portal-to-Portal Act of
1947
(a) Consistent with Section 225 of the CAA, the Portal to
Portal Act (PPA), 29 U.S.C. Sec. Sec. 216 and 251 et seq., is
applicable in defining and delimiting the rights and
protections of the FLSA that are prescribed by the CAA.
Section 10 of the PPA, 29 U.S.C. Sec. 259, provides in
pertinent part: ``[N]o employer shall be subject to any
liability or punishment for or on account of the failure of
the employer to pay minimum wages or overtime compensation
under the Fair Labor Standards Act of 1938, as amended, . . .
if he pleads and proves that the act or omission complained
of was in good faith in conformity with and reliance on any
written administrative regulation, order, ruling, approval or
interpretation of [the Administrator of the Wage and Hour
Division of the Department of Labor] . . . or any
administrative practice or enforcement policy of such agency
with respect to the class of employers to which he belonged.
Such a defense, if established shall be a bar to the action
or proceeding, notwithstanding that after such act or
omission, such administrative regulation, order, ruling,
approval, interpretation, practice or enforcement policy is
modified or rescinded or is determined by judicial authority
to be invalid or of no legal effect.''
(b) In defending any action or proceeding based on any act
or omission arising out of section 203 of the CAA, an
employing office may satisfy the standards set forth in
subsection (a) by pleading and proving good faith reliance
upon any written administrative regulation, order, ruling,
approval or interpretation, of the Administrator of the Wage
and Hour Division of the Department of Labor: Provided, that
such regulation, order, ruling approval or interpretation had
not been superseded at the time of reliance by any
regulation, order, decision, or ruling of the Board or the
courts.
Sec. C501.107 [Reserved]
Part C531--Wage Payments Under the Fair Labor Standards Act of 1938
Subpart A--Preliminary Matters
Sec.
C531.00 Corresponding section table of the FLSA regulations
of the Labor Department and the CAA regulations of the
Office of Compliance.
C531.1 Definitions.
C531.2 Purpose and scope.
Subpart B--Determinations of ``reasonable cost'' and ``fair value'';
effects of collective bargaining agreements
C531.3 General determinations of ``reasonable cost''.
C531.6 Effects of collective bargaining agreements.
A--Preliminary matters
Sec. C531.00 Corresponding section table of the FLSA
regulations of the Labor Department and the CAA
regulations of the Office of Compliance
The following table lists the sections of the Secretary of
Labor Regulations at Title 29 of the Code of Federal
Regulations under the FLSA with the corresponding sections of
the Office of Compliance (OC) Regulations under Section 203
of the CAA:
Secretary of Labor regulations OC regulations
531.1 Definitions................................................C531.1
531.2 Purpose and scope..........................................C531.2
531.3 General determinations of ``reasonable cost''..............C531.3
Effects of collective bargaining agreements.....................C531.6
Sec. C531.1 Definitions
(a) Administrator means the Administrator of the Wage and
Hour Division or his authorized representative. The Secretary
of Labor has delegated to the Administrator the functions
vested in him under section 3(m) of the Act.
(b) Act means the Fair Labor Standards Act of 1938, as
amended.
Sec. C531.2 Purpose and scope
(a) Section 3(m) of the Act defines the term 'wage' to
include the 'reasonable cost', as de
[[Page 787]]
termined by the Secretary of Labor, to an employer of
furnishing any employee with board, lodging, or other
facilities, if such board, lodging, or other facilities are
customarily furnished by the employer to his employees. In
addition, section 3(m) gives the Secretary authority to
determine the `fair value' of such facilities on the basis of
average cost to the employer or to groups of employers
similarly situated, on average value to groups of employees,
or other appropriate measures of `fair value.' Whenever so
determined and when applicable and pertinent, the `fair
value' of the facilities involved shall be includable as part
of `wages' instead of the actual measure of the costs of
those facilities. The section provides, however, that the
cost of board, lodging, or other facilities shall not be
included as part of `wages' if excluded therefrom by a bona
fide collective bargaining agreement. Section 3(m) also
provides a method for determining the wage of a tipped
employee.
(b) This part 531 contains any determinations made as to
the `reasonable cost' and `fair value' of board, lodging, or
other facilities having general application.
Subpart B--Determinations of ``reasonable cost'' and ``fair value'';
effects of collective bargaining agreements
Sec. C531.3 General determinations of `reasonable cost'
(a) The term reasonable cost as used in section 3(m) of the
Act is hereby determined to be not more than the actual cost
to the employer of the board, lodging, or other facilities
customarily furnished by him to his employees.
(b) Reasonable cost does not include a profit to the
employer or to any affiliated person.
(c) The reasonable cost to the employer of furnishing the
employee with board, lodging, or other facilities (including
housing) is the cost of operation and maintenance including
adequate depreciation plus a reasonable allowance (not more
than 5\1/2\ percent) for interest on the depreciated amount
of capital invested by the employer: Provided, That if the
total so computed is more than the fair rental value (or the
fair price of the commodities or facilities offered for
sale), the fair rental value (or the fair price of the
commodities or facilities offered for sale) shall be the
reasonable cost. The cost of operation and maintenance, the
rate of depreciation, and the depreciated amount of capital
invested by the employer shall be those arrived at under good
accounting practices. As used in this paragraph, the term
good accounting practices does not include accounting
practices which have been rejected by the Internal Revenue
Service for tax purposes, and the term depreciation includes
obsolescence.
(d)(1) The cost of furnishing `facilities' found by the
Administrator to be primarily for the benefit or convenience
of the employer will not be recognized as reasonable and may
not therefore be included in computing wages.
(2) The following is a list of facilities found by the
Administrator to be primarily for the benefit of convenience
of the employer. The list is intended to be illustrative
rather than exclusive: (i) Tools of the trade and other
materials and services incidental to carrying on the
employer's business; (ii) the cost of any construction by and
for the employer; (iii) the cost of uniforms and of their
laundering, where the nature of the business requires the
employee to wear a uniform.
Sec. C531.6 Effects of collective bargaining agreements
(a) The cost of board, lodging, or other facilities shall
not be included as part of the wage paid to any employee to
the extent it is excluded therefrom under the terms of a bona
fide collective bargaining agreement applicable to the
particular employee.
(b) A collective bargaining agreement shall be deemed to be
``bona fide'' when pursuant to the provisions of section
7(b)(1) or 7(b)(2) of the FLSA it is made with the certified
representative of the employees under the provisions of the
CAA.
Part C541--Defing and Delimiting the Terms ``Bona Fide Executive,''
``Administrative,'' or ``Professional'' Capacity (Including Any
Employee Employed in the Capacity of Academic Administrative Personnel
or Teacher in Secondary School)
Subpart A--General regulations
Sec.
C541.00 Corresponding section table of the FLSA regulations
of the Labor Department and the CAA regulations of the
Office of Compliance.
C541.01 Application of the exemptions of section 13(a)(1) of
the FLSA.
C541.1 Executive.
C541.2 Administrative.
C541.3 Professional.
C541.5b Equal pay provisions of section 6(d) of the FLSA as
applied by the CAA extend to executive, administrative,
and professional employees.
C541.5d Special provisions applicable to employees of public
agencies.
Subpart A--General regulations
Sec. C541.00 Corresponding section table of the FLSA
regulations of the Labor Department and the CAA
regulations of the Office of Compliance
The following table lists the sections of the Secretary of
Labor Regulations at Title 29 of the Code of Federal
Regulations under the FLSA with the corresponding sections of
the Office of Compliance (OC) Regulations under Section 203
of the CAA:
Secretary of Labor Regulations OC Regulations
541.1 Executive..................................................C541.1
541.2 Administrative.............................................C541.2
541.3 Professional...............................................C541.3
541.5b Equal pay provisions of section 6(d) of the FLSA apply to
executive, administrative, and professional employees.........C541.5b
541.5d Special provisions applicable to employees of public agenC541.5d
Sec. C541.01 Application of the exemptions of section 13
(a)(1) of the FLSA
(a) Section 13(a)(1) of the FLSA, which provides certain
exemptions for employees employed in a bona fide executive,
administrative, or professional capacity (including any
employee employed in the capacity of academic administrative
personnel or teacher in a secondary school), applies to
covered employees by virtue of Section 225(f)(1) of the CAA.
(b) The substantive regulations set forth in this part are
promulgated under the authority of sections 203(c)and 304 of
the CAA, which require that such regulations be the same as
the substantive regulations promulgated by the Secretary of
Labor except where the Board determines for good cause shown
that modifications would be more effective for the
implementation of the rights and protections under Sec. 203.
Sec. C541.1 Executive
The term employee employed in a bona fide executive * * *
capacity in section 13(a) (1) of the FLSA as applied by the
CAA shall mean any employee:
(a) Whose primary duty consists of the management of an
employing office in which he is employed or of a customarily
recognized department of subdivision thereof; and
(b) Who customarily and regularly directs the work of two
or more other employees therein; and
(c) Who has the authority to hire or fire other employees
or whose suggestions and recommendations as to the hiring or
firing and as to the advancement and promotion or any other
change of status of other employees will be given particular
weight; and
(d) Who customarily and regularly exercises discretionary
powers; and
(e) Who does not devote more than 20 percent, or, in the
case of an employee of a retail or service establishment who
does not devote as much as 40 percent, of his hours of work
in the workweek to activities which are not directly and
closely related to the performance of the work described in
paragraphs (a) through (d) of this section: Provided, That
this paragraph shall not apply in the case of an employee who
is in sole charge of an independent establishment or a
physically separated branch establishment; and
(f) Who is compensated for his services on a salary basis
at a rate of not less than $155 per week, exclusive of board,
lodging or other facilities: Provided, That an employee who
is compensated on a salary basis at a rate of not less than
$250 per week, exclusive of board, lodging or other
facilities, and whose primary duty consists of the management
of the employing office in which the employee is employed or
of a customarily recognized department or subdivision
thereof, and includes the customary and regular direction of
the work of two or more other employees therein, shall be
deemed to meet all the requirements of this section
Sec. C541.2 Administrative
The term employee employed in a bona fide * * *
administrative * * * capacity in section 13(a)(1) of the FLSA
as applied by the CAA shall mean any employee:
(a) Whose primary duty consists of either:
(1) The performance of office or nonmanual work directly
related to management policies or general operations of his
employer or his employer's customers, or
(2) The performance of functions in the administration of a
school system, or educational establishment or institution,
or of a department or subdivision thereof, in work directly
related to the academic instruction or training carried on
therein; and
(b) Who customarily and regularly exercises discretion and
independent judgment; and
(c)(1) Who regularly and directly assists the head of an
employing office, or an employee employed in a bona fide
executive or administrative capacity (as such terms are
defined in the regulations of this subpart), or
(2) Who performs under only general supervision work along
specialized or technical lines requiring special training,
experience, or knowledge, or
(3) Who executes under only general supervision special
assignments and tasks; and
(d) Who does not devote more than 20 percent, or, in the
case of an employee of a retail or service establishment who
does not devote as much as 40 percent, of his hours worked in
the workweek to activities which are not directly and closely
related to the performance of the work described in
paragraphs (a) through (c) of this section; and
(e)(1) Who is compensated for his services on a salary or
fee basis at a rate of not less than $155 per week, exclusive
of board, lodging or other facilities, or
(2) Who, in the case of academic administrative personnel,
is compensated for services as required by paragraph (e)(1)
of this section, or on a salary basis which is at least equal
to the entrance salary for teachers of in the school system,
educational establishment or institution by which employed:
Provided, That an employee who is compensated
[[Page 788]]
on a salary or fee basis at a rate of not less than $250 per
week, exclusive of board, lodging or other facilities, and
whose primary duty consists of the performance of work
described in paragraph (a) of this section, which includes
work requiring the exercise of discretion and independent
judgment, shall be deemed to meet all the requirements of
this section.
Sec. C541.3 Professional
The term employee employed in a bona fide * * *
professional capacity in section 13(a)(1) of the FLSA as
applied by the CAA shall mean any employee:
(a) Whose primary duty consists of the performance of:
(1) Work requiring knowledge of an advance type in a field
of science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and study, as
distinguished from a general academic education and from an
apprenticeship, and from training in the performance of
routine mental, manual, or physical processes, or
(2) Work that is original and creative in character in a
recognized field of artistic endeavor (as opposed to work
which can be produced by a person endowed with general manual
or intellectual ability and training), and the result of
which depends primarily on the invention, imagination, or
talent of the employee, or
(3) Teaching, tutoring, instructing, or lecturing in the
activity of imparting knowledge and who is employed and
engaged in this activity as a teacher in school system,
educational establishment or institution by which employed,
or
(4) Work that requires theoretical and practical
application of highly-specialized knowledge in computer
systems analysis, programming, and software engineering, and
who is employed and engaged in these activities as a computer
systems analyst, computer programmer, software engineer, or
other similarly skilled worker in the computer software
field; and
(b) Whose work requires the consistent exercise of
discretion and judgment in its performance; and
(c) Whose work is predominantly intellectual and varied in
character (as opposed to routine mental, manual, mechanical,
or physical work) and is of such character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and
(d) Who does not devote more than 20 percent of his hours
worked in the workweek to activities which are not an
essential part of and necessarily incident to the work
described in paragraphs (a) through (c) of this section; and
(e) Who is compensated for services on a salary or fee
basis at a rate of not less than $170 per week, exclusive of
board, lodging or other facilities: Provided, That this
paragraph shall not apply in the case of an employee who is
the holder of a valid license or certificate permitting the
practice of law or medicine or any of their branches and who
is actually engaged in the practice thereof, nor in the case
of an employee who is the holder of the requisite academic
degree for the general practice of medicine and is engaged in
an internship or resident program pursuant to the practice of
medicine or any of its branches, nor in the case of an
employee employed and engaged as a teacher as provided in
paragraph (a)(3) of this section: Provided further, That an
employee who is compensated on a salary or fee basis at a
rate of not less than $250 per week, exclusive of board,
lodging or other facilities, and whose primary duty consists
of the performance either of work described in paragraph (a)
(1), (3), or (4) of this section, which includes work
requiring the consistent exercise of discretion and judgment,
or of work requiring invention, imagination, or talent in a
recognized field of artistic endeavor, shall be deemed to
meet all of the requirements of this section: Provided
further, That the salary or fee requirements of this
paragraph shall not apply to an employee engaged in computer-
related work within the scope of paragraph (a)(4) of this
section and who is compensated on an hourly basis at a rate
in excess of 6 1/2 times the minimum wage provided by section
6 of the FLSA as applied by the CAA.
Sec. C541.5b Equal pay provisions of section 6(d) of the
FLSA as applied by the CAA extend to executive,
administrative, and professional employees
The FLSA, as amended and as applied by the CAA, includes
within the protection of the equal pay provisions those
employees exempt from the minimum wage and overtime pay
provisions as bona fide executive, administrative, and
professional employees (including any employee employed in
the capacity of academic administrative personnel or teacher
in elementary or secondary schools) under section 13(a)(1) of
the FLSA. Thus, for example, where an exempt administrative
employee and another employee of the employing office are
performing substantially ``equal work,'' the sex
discrimination prohibitions of section 6(d) are applicable
with respect to any wage differential between those two
employees.
Sec. C541.5d Special provisions applicable to employees of
public agencies
(a) An employee of a public agency who otherwise meets the
requirement of being paid on a salary basis shall not be
disqualified from exemption under Sec. C541.1, C541.2, or
C541.3 on the basis that such employee is paid according to a
pay system established by statute, ordinance, or regulation,
or by a policy or practice established pursuant to principles
of public accountability, under which the employee accrues
personal leave and sick leave and which requires the public
agency employee's pay to be reduced or such employee to be
placed on leave without pay for absences for personal reasons
or because of illness or injury of less than one work-day
when accrued leave is not used by an employee because--(1)
permission for its use has not been sought or has been sought
and denied; (2) accrued leave has been exhausted; or (3) the
employee chooses to use leave without pay.
(b) Deductions from the pay of an employee of a public
agency for absences due to a budget-required furlough shall
not disqualify the employee from being paid `on a salary
basis' except in the workweek in which the furlough occurs
and for which the employee's pay is accordingly reduced.
Part C547--Requirements of a ``Bona Fide Thrift or Savings Plan
Sec.
C547.00 Corresponding section table of the FLSA regulations
of the Labor Department and the CAA regulations of the
Office of Compliance
C547.0 Scope and effect of part.
C547.1 Essential requirements of qualifications.
C547.2 Disqualifying provisions.
Sec. C547.00 Corresponding section table of the FLSA
regulations of the Labor Department and the CAA
regulations of the Office of Compliance.
The following table lists the sections of the Secretary of
Labor Regulations under the FLSA with the corresponding
sections of the Office of Compliance (OC) Regulations under
Section 203 of the CAA:
Secretary of Labor regulations OC regulations
547.0 Scope and effect of part...................................C547.0
547.1 Essential requirements of qualifications...................C547.1
547.2 Disqualifying provisions...................................C547.2
Sec. C547.0 Scope and effect of part
(a) The regulations in this part set forth the requirements
of a ``bona fide thrift or savings plan'' under section
7(e)(3)(b) of the Fair Labor Standards Act of 1938, as
amended (FLSA), as applied by the CAA. In determining the
total remuneration for employment which section 7(e) of the
FLSA requires to be included in the regular rate at which an
employee is employed, it is not necessary to include any sums
paid to or on behalf of such employee, in recognition of
services performed by him during a given period, which are
paid pursuant to a bona fide thrift or savings plan meeting
the requirements set forth herein. In the formulation of
these regulations due regard has been given to the factors
and standards set forth in section 7(e)(3)(b) of the Act.
(b) Where a thrift or savings plan is combined in a single
program (whether in one or more documents) with a plan or
trust for providing old age, retirement, life, accident or
health insurance or similar benefits for employees,
contributions made by the employer pursuant to such thrift or
savings plan may be excluded from the regular rate if the
plan meets the requirements of the regulation in this part
and the contributions made for the other purposes may be
excluded from the regular rate if they meet the tests set
forth in regulations.
Sec. C547.1 Essential requirements for qualifications
(a) A ``bona fide thrift or savings plan'' for the purpose
of section 7(e)(3)(b) of the FLSA as applied by the CAA is
required to meet all the standards set forth in paragraphs
(b) through (f) of this section and must not contain the
disqualifying provisions set forth in Sec. 547.2.
(b) The thrift or savings plan constitutes a definite
program or arrangement in writing, adopted by the employer or
by contract as a result of collective bargaining and
communicated or made available to the employees, which is
established and maintained, in good faith, for the purpose of
encouraging voluntary thrift or savings by employees by
providing an incentive to employees to accumulate regularly
and retain cash savings for a reasonable period of time or to
save through the regular purchase of public or private
securities.
(c) The plan specifically shall set forth the category or
categories of employees participating and the basis of their
eligibility. Eligibility may not be based on such factors as
hours of work, production, or efficiency of the employees:
Provided, however, That hours of work may be used to
determine eligibility of part-time or casual employees.
(d) The amount any employee may save under the plan shall
be specified in the plan or determined in accordance with a
definite formula specified in the plan, which formula may be
based on one or more factors such as the straight-time
earnings or total earnings, base rate of pay, or length of
service of the employee.
(e) The employer's total contribution in any year may not
exceed 15 percent of the participating employees' total
earnings during that year. In addition, the employer's total
contribution in any year may not exceed the total amount
saved or invested by the participating employees during that
year.
(f) The employer's contributions shall be apportioned among
the individual employees in accordance with a definite
formula or
[[Page 789]]
method of calculation specified in the plan, which formula or
method of calculation is based on the amount saved or the
length of time the individual employee retains his savings or
investment in the plan: Provided, That no employee's share
determined in accordance with the plan may be diminished
because of any other remuneration received by him.
Sec. C547.2 Disqualifying provisions
(a) No employee's participation in the plan shall be on
other than a voluntary basis.
(b) No employee's wages or salary shall be dependent upon
or influenced by the existence of such thrift or savings plan
or the employer's contributions thereto.
(c) The amounts any employee may save under the plan, or
the amounts paid by the employer under the plan may not be
based upon the employee's hours of work, production or
efficiency.
Part C553--Overtime Compensation: Partial Exemption for Employees
Engaged in Law Enforcement and Fire Protection; Overtime and
Compensatory Time-Off for Employees Whose Work Schedule Directly
Depends Upon the Schedule of the House
Introduction
Sec.
C553.00 Corresponding section table of the FLSA regulations
of the Labor Department and the CAA regulations of the
Office of Compliance.
C553.1 Definitions.
C553.2 Purpose and scope.
Subpart C--Partial exemption for employees engaged in law enforcement
and fire protection
C553.201 Statutory provisions: section 7(k).
C553.202 Limitations.
C553.211 Law enforcement activities.
C553.212 Twenty percent limitation on nonexempt work.
C553.213 Public agency employees engaged in both fire
protection and law enforcement activities.
C553.214 Trainees.
C553.215 Ambulance and rescue service employees.
C553.216 Other exemptions.
C553.220 ``Tour of duty'' defined.
C553.221 Compensable hours of work.
C553.222 Sleep time.
C553.223 Meal time.
C553.224 ``Work period'' defined.
C553.225 Early relief.
C553.226 Training time.
C553.227 Outside employment.
C553.230 Maximum hours standards for work periods of 7 to 28 days--
section 7(k).
C553.231 Compensatory time off.
C553.232 Overtime pay requirements.
C553.233 ``Regular rate'' defined.
Subpart D--Compensatory time-off for overtime earned by employees whose
work schedule directly depends upon the schedule of the House
C553.301 Definition of ``directly depends.''
C553.302 Overtime compensation and compensatory time off for an
employee whose work schedule directly depends upon the
schedule of the House.
C553.303 Using compensatory time off.
C553.304 Payment of overtime compensation for accrued compensatory time
off as of termination of service.
Introduction
Sec. C553.00 Corresponding section table of the FLSA
regulations of the Labor Department and the CAA
regulations of the Office of Compliance
The following table lists the sections of the Secretary of
Labor Regulations under the FLSA with the corresponding
sections of the Office of Compliance (OC) Regulations under
Section 203 of the CAA:
Secretary of Labor regulations OC regulations
553.1 Definitions................................................C553.1
553.2 Purpose and scope..........................................C553.2
553.201 Statutory provisions: section 7(k).....................C553.201
553.202 Limitations............................................C553.202
553.211 Law enforcement activities.............................C553.211
553.212 Twenty percent limitation on nonexempt work............C553.212
553.213 Public agency employees engaged in both fire protection and
law enforcement activities...................................C553.213
553.214 Trainees...............................................C553.214
553.215 Ambulance and rescue service employees.................C553.215
553.216 Other exemptions.......................................C553.216
553.220 ``Tour of duty'' defined...............................C553.220
553.221 Compensable hours of work..............................C553.221
553.222 Sleep time.............................................C553.222
553.223 Meal time..............................................C553.223
553.224 ``Work period'' defined................................C553.224
553.225 Early relief...........................................C553.225
553.226 Training time..........................................C553.226
553.227 Outside employment.....................................C553.227
553.230 Maximum hours standards for work periods of 7 to 28 days--
section 7(k).................................................C553.230
553.231 Compensatory time off..................................C553.231
553.232 Overtime pay requirements..............................C553.232
553.233 ``Regular rate'' defined...............................C553.233
Introduction
Sec. C553.1 Definitions
(a) Act or FLSA means the Fair Labor Standards Act of 1938,
as amended (52 Stat. 1060, as amended; 29 U.S.C. 201-219), as
applied by the CAA.
(b) 1985 Amendments means the Fair Labor Standards
Amendments of 1985 (Pub. L. 99-150).
(c) Public agency means an employing office as the term is
defined in Sec. 501.102 of this chapter, including the
Capitol Police.
(d) Section 7(k) means the provisions of Sec. 7(k) of the
FLSA as applied to covered employees and employing offices by
Sec. 203 of the CAA.
Sec. C553.2 Purpose and scope
The purpose of part C553 is to adopt with appropriate
modifications the regulations of the Secretary of Labor to
carry out those provisions of the FLSA relating to public
agency employees as they are applied to covered employees and
employing offices of the CAA. In particular, these
regulations apply section 7(k) as it relates to fire
protection and law enforcement employees of public agencies.
Subpart C--Partial exemption for employees engaged in law enforcement
and fire protection
Sec. C553.201 Statutory provisions: section 7(k).
Section 7(k) of the Act provides a partial overtime pay
exemption for fire protection and law enforcement personnel
(including security personnel in correctional institutions)
who are employed by public agencies on a work period basis.
This section of the Act formerly permitted public agencies to
pay overtime compensation to such employees in work periods
of 28 consecutive days only after 216 hours of work. As
further set forth in Sec. C553.230 of this part, the 216-hour
standard has been replaced, pursuant to the study mandated by
the statute, by 212 hours for fire protection employees and
171 hours for law enforcement employees. In the case of such
employees who have a work period of at least 7 but less than
28 consecutive days, overtime compensation is required when
the ratio of the number of hours worked to the number of days
in the work period exceeds the ratio of 212 (or 171) hours to
28 days.
Sec. C553.202 Limitations
The application of Sec. 7(k), by its terms, is limited to
public agencies, and does not apply to any private
organization engaged in furnishing fire protection or law
enforcement services. This is so even if the services are
provided under contract with a public agency.
Exemption requirements
Sec. C553.211 Law enforcement activities
(a) As used in Sec. 7(k) of the Act, the term `any employee
. . . in law enforcement activities' refers to any employee
(1) who is a uniformed or plainclothed member of a body of
officers and subordinates who are empowered by law to enforce
laws designed to maintain public peace and order and to
protect both life and property from accidental or willful
injury, and to prevent and detect crimes, (2) who has the
power to arrest, and (3) who is presently undergoing or has
undergone or will undergo on-the-job training and/or a course
of instruction and study which typically includes physical
training, self-defense, firearm proficiency, criminal and
civil law principles, investigative and law enforcement
techniques, community relations, medical aid and ethics.
(b) Employees who meet these tests are considered to be
engaged in law enforcement activities regardless of their
rank, or of their status as `trainee,' `probationary,' or
`permanent,' and regardless of their assignment to duties
incidental to the performance of their law enforcement
activities such as equipment maintenance, and lecturing, or
to support activities of the type described in paragraph (g)
of this section, whether or not such assignment is for
training or familiarization purposes, or for reasons of
illness, injury or infirmity. The term would also include
rescue and ambulance service personnel if such personnel form
an integral part of the public agency's law enforcement
activities. See Sec. C553.215.
(c) Typically, employees engaged in law enforcement
activities include police who are regularly employed and paid
as such. Other agency employees with duties not specifically
mentioned may, depending upon the particular facts and
pertinent statutory provisions in that jurisdiction, meet the
three tests described above. If so, they will also qualify as
law enforcement officers. Such employees might include, for
example, any law enforcement employee within the legislative
branch concerned with keeping public peace and order and
protecting life and property.
(d) Employees who do not meet each of the three tests
described above are not engaged in (law enforcement
activities' as that term is used in sections 7(k). Employees
who normally would not meet each of these tests include:
(1) Building inspectors (other than those defined in Sec.
C553.213(a)),
(2) Health inspectors,
(3) Sanitarians,
(4) civilian traffic employees who direct vehicular and
pedestrian traffic at specified intersections or other
control points,
(5) Civilian parking checkers who patrol assigned areas for
the purpose of discovering parking violations and issuing
appropriate warnings or appearance notices,
(6) Wage and hour compliance officers,
(7) Equal employment opportunity compliance officers, and
(8) Building guards whose primary duty is to protect the
lives and property of persons within the limited area of the
building.
(e) The term `any employee in law enforcement activities'
also includes, by express ref
[[Page 790]]
erence, `security personnel in correctional institutions.'
Typically, such facilities may include precinct house
lockups. Employees of correctional institutions who qualify
as security personnel for purposes of the section 7(k)
exemption are those who have responsibility for controlling
and maintaining custody of inmates and of safeguarding them
from other inmates or for supervising such functions,
regardless of whether their duties are performed inside the
correctional institution or outside the institution. These
employees are considered to be engaged in law enforcement
activities regardless of their rank or of their status as
`trainee,' `probationary,' or `permanent,' and regardless of
their assignment to duties incidental to the performance of
their law enforcement activities, or to support activities of
the type described in paragraph (f) of this section, whether
or not such assignment is for training or familiarization
purposes or for reasons of illness, injury or infirmity.
(f) Not included in the term `employee in law enforcement
activities' are the so-called `civilian' employees of law
enforcement agencies or correctional institutions who engage
in such support activities as those performed by dispatcher,
radio operators, apparatus and equipment maintenance and
repair workers, janitors, clerks and stenographers. Nor does
the term include employees in correctional institutions who
engage in building repair and maintenance, culinary services,
teaching, or in psychological, medical and paramedical
services. This is so even though such employees may, when
assigned to correctional institutions, come into regular
contact with the inmates in the performance of their duties.
Sec. C553.212 Twenty percent limitation on nonexempt work
(a) Employees engaged in fire protection or law enforcement
activities as described in Sec. C553.210 and C553.211, may
also engage in some nonexempt work which is not performed as
an incident to or in conjunction with their fire protection
or law enforcement activities. For example, firefighters who
work for forest conservation agencies may, during slack
times, plant trees and perform other conservation activities
unrelated to their firefighting duties. The performance of
such nonexempt work will not defeat the Sec. 7(k) exemption
unless it exceeds 20 percent of the total hours worked by
that employee during the workweek or applicable work period.
A person who spends more than 20 percent of his/her working
time in nonexempt activities is not considered to be an
employee engaged in fire protection or law enforcement
activities for purposes of this part.
(b) Public agency fire protection and law enforcement
personnel may, at their own option, undertake employment for
the same employer on an occasional or sporadic and part-time
basis in a different capacity from their regular employment.
The performance of such work does not affect the application
of the Sec. 7(k) exemption with respect to the regular
employment. In addition, the hours of work in the different
capacity need not be counted as hours worked for overtime
purposes on the regular job, nor are such hours counted in
determining the 20 percent tolerance for nonexempt work
discussed in paragraph (a) of this section.
Sec. C553.213 Public agency employees engaged in both fire
protection and law enforcement activities
(a) Some public agencies have employees (often called
`public safety officers') who engage in both fire protection
and law enforcement activities, depending on the agency needs
at the time. This dual assignment would not defeat the
section 7(k) exemption, provided that each of the activities
performed meets the appropriate tests set forth in Sec.
C553.210 and C553.211. This is so regardless of how the
employee's time is divided between the two activities.
However, all time spent in nonexempt activities by public
safety officers within the work period, whether performed in
connection with fire protection or law enforcement functions,
or with neither, must be combined for purposes of the 20
percent limitation on nonexempt work discussed in
Sec.C553.212.
(b) As specified in Sec.C553.230, the maximum hours
standards under section 7(k) are different for employees
engaged in fire protection and for employees engaged in law
enforcement. For those employees who perform both fire
protection and law enforcement activities, the applicable
standard is the one which applies to the activity in which
the employee spends the majority of work time during the work
period.
Sec. C553.214 Trainees
The attendance at a bona fide fire or police academy or
other training facility, when required by the employing
agency, constitutes engagement in activities under section
7(k) only when the employee meets all the applicable tests
described in Sec. C553.210 or Sec. C553.211 (except for the
power of arrest for law enforcement personnel), as the case
may be. If the applicable tests are met, then basic training
or advanced training is considered incidental to, and part
of, the employee's fire protection or law enforcement
activities.
Sec. C553.215 Ambulance and rescue service employees
Ambulance and rescue service employees of a public agency
other than a fire protection or law enforcement agency may be
treated as employees engaged in fire protection or law
enforcement activities of the type contemplated by Sec. 7(k)
if their services are substantially related to firefighting
or law enforcement activities in that (1) the ambulance and
rescue service employees have received training in the rescue
of fire, crime, and accident victims or firefighters or law
enforcement personnel injured in the performance of their
respective duties, and (2) the ambulance and rescue service
employees are regularly dispatched to fires, crime scenes,
riots, natural disasters and accidents. As provided in Sec.
C553.213(b), where employees perform both fire protection and
law enforcement activities, the applicable standard is the
one which applies to the activity in which the employee
spends the majority of work time during the work period.
Sec. C553.216 Other exemptions
Although the 1974 Amendments to the FLSA as applied by the
CAA provide special exemptions for employees of public
agencies engaged in fire protection and law enforcement
activities, such workers may also be subject to other
exemptions in the Act, and public agencies may claim such
other applicable exemptions in lieu of Sec. 7(k). For
example, section 13(a)(1) as applied by the CAA provides a
complete minimum wage and overtime pay exemption for any
employee employed in a bona fide executive, administrative,
or professional capacity, as those terms are defined and
delimited in Part C541. The section 13(a)(1) exemption can be
claimed for any fire protection or law enforcement employee
who meets all of the tests specified in part C541 relating to
duties, responsibilities, and salary. Thus, high ranking
police officials who are engaged in law enforcement
activities, may also, depending on the facts, qualify for the
section 13(a)(1) exemption as ``executive'' employees.
Similarly, certain criminal investigative agents may qualify
as ``administrative'' employees under section 13(a)(1).
Tour of duty and compensable hours of work rules
Sec. C553.220 ``Tour of duty'' defined
(a) The term ``tour of duty'' is a unique concept
applicable only to employees for whom the section 7(k)
exemption is claimed. This term, as used in section 7(k),
means the period of time during which an employee is
considered to be on duty for purposes of determining
compensable hours. It may be a scheduled or unscheduled
period. Such periods include ``shifts'' assigned to employees
often days in advance of the performance of the work.
Scheduled periods also include time spent in work outside
the``shift'' which the public agency employer assigns. For
example, a police officer may be assigned to crowd control
during a parade or other special event outside of his or her
shift.
(b) Unscheduled periods include time spent in court by
police officers, time spent handling emergency situations,
and time spent working after a shift to complete an
assignment. Such time must be included in the compensable
tour of duty even though the specific work performed may not
have been assigned in advance.
(c) The tour of duty does not include time spent working
for a separate and independent employer in certain types of
special details as provided in Sec. C553.227.
Sec. C553.221 Compensable hours of work
(a) The rules under the FLSA as applied by the CAA on
compensable hours of work are applicable to employees for
whom the section 7(k) exemption is claimed. Special rules for
sleep time (Sec. C553.222) apply to both law enforcement and
firefighting employees for whom the section 7(k) exemption is
claimed. Also, special rules for meal time apply in the case
of firefighters (Sec. C553.223).
(b) Compensable hours of work generally include all of the
time during which an employee is on duty on the employer's
premises or at a prescribed workplace, as well as all other
time during which the employee is suffered or permitted to
work for the employer. Such time includes all pre-shift and
post-shift activities which are an integral part of the
employee's principal activity or which are closely related to
the performance of the principal activity, such as attending
roll call, writing up and completing tickets or reports, and
washing and re-racking fire hoses.
(c) Time spent away from the employer's premises under
conditions that are so circumscribed that they restrict the
employee from effectively using the time for personal
pursuits also constitutes compensable hours of work. For
example, where a police station must be evacuated because of
an electrical failure and the employees are expected to
remain in the vicinity and return to work after the emergency
has passed, the entire time spent away from the premises is
compensable. The employees in this example cannot use the
time for their personal pursuits.
(d) An employee who is not required to remain on the
employer's premises but is merely required to leave word at
home or with company officials where he or she may be reached
is not working while on call. Time spent at home on call may
or may not be compensable depending on whether the
restrictions placed on the employee preclude using the time
for personal pursuits. Where, for example, a firefighter has
returned home after the shift, with the understanding that he
or she is expected to return to work in the event of an
emergency in the night, such time spent at home is normally
not compensable. On the other hand, where the conditions
placed on the employee's activities are so restrictive that
the employee cannot use the time effectively for personal
pursuits, such time spent on call is compensable.
(e) Normal home to work travel is not compensable, even
where the employee is ex
[[Page 791]]
pected to report to work at a location away from the location
of the employer's premises.
(f) A police officer, who has completed his or her tour of
duty and who is given a patrol car to drive home and use on
personal business, is not working during the travel time even
where the radio must be left on so that the officer can
respond to emergency calls. Of course, the time spent in
responding to such calls is compensable.
Sec. C553.222 Sleep time
(a) Where a public agency elects to pay overtime
compensation to firefighters and/or law enforcement personnel
in accordance with section 7(a)(1) of the Act, the public
agency may exclude sleep time from hours worked if all the
conditions for the exclusion of such time are met.
(b) Where the employer has elected to use the section 7(k)
exemption, sleep time cannot be excluded from the compensable
hours of work where
(1) The employee is on a tour of duty of less than 24
hours, and
(2) Where the employee is on a tour of duty of exactly 24
hours.
(c) Sleep time can be excluded from compensable hours of
work, however, in the case of police officers or firefighters
who are on a tour of duty of more than 24 hours, but only if
there is an expressed or implied agreement between the
employer and the employees to exclude such time. In the
absence of such an agreement, the sleep time is compensable.
In no event shall the time excluded as sleep time exceed 8
hours in a 24-hour period. If the sleep time is interrupted
by a call to duty, the interruption must be counted as hours
worked. If the sleep period is interrupted to such an extent
that the employee cannot get a reasonable night's sleep
(which, for enforcement purposes means at least 5 hours), the
entire time must be counted as hours of work.
Sec. C553.223 Meal time
(a) If a public agency elects to pay overtime compensation
to firefighters and law enforcement personnel in accordance
with section 7(a)(1) of the Act, the public agency may
exclude meal time from hours worked if all the statutory
tests for the exclusion of such time are met.
(b) If a public agency elects to use the section 7(k)
exemption, the public agency may, in the case of law
enforcement personnel, exclude meal time from hours worked on
tours of duty of 24 hours or less, provided that the employee
is completely relieved from duty during the meal period, and
all the other statutory tests for the exclusion of such time
are met. On the other hand, where law enforcement personnel
are required to remain on call in barracks or similar
quarters, or are engaged in extended surveillance activities
(e.g., stakeouts'), they are not considered to be completely
relieved from duty, and any such meal periods would be
compensable.
(c) With respect to firefighters employed under section
7(k), who are confined to a duty station, the legislative
history of the Act indicates Congressional intent to mandate
a departure from the usual FLSA `hours of work' rules and
adoption of an overtime standard keyed to the unique concept
of `tour of duty' under which firefighters are employed.
Where the public agency elects to use the section 7(k)
exemption for firefighters, meal time cannot be excluded from
the compensable hours of work where (1) the firefighter is on
a tour of duty of less than 24 hours, and (2) where the
firefighter is on a tour of duty of exactly 24 hours.
(d) In the case of police officers or firefighters who are
on a tour of duty of more than 24 hours, meal time may be
excluded from compensable hours of work provided that the
statutory tests for exclusion of such hours are met.
Sec. C553.224 ``Work period'' defined
(a) As used in section 7(k), the term `work period' refers
to any established and regularly recurring period of work
which, under the terms of the Act and legislative history,
cannot be less than 7 consecutive days nor more than 28
consecutive days. Except for this limitation, the work period
can be of any length, and it need not coincide with the duty
cycle or pay period or with a particular day of the week or
hour of the day. Once the beginning and ending time of an
employee's work period is established, however, it remains
fixed regardless of how many hours are worked within the
period. The beginning and ending of the work period may be
changed, provided that the change is intended to be permanent
and is not designed to evade the overtime compensation
requirements of the Act.
(b) An employer may have one work period applicable to all
employees, or different work periods for different employees
or groups of employees.
Sec. C553.225 Early relief
It is a common practice among employees engaged in fire
protection activities to relieve employees on the previous
shift prior to the scheduled starting time. Such early relief
time may occur pursuant to employee agreement, either
expressed or implied. This practice will not have the effect
of increasing the number of compensable hours of work for
employees employed under section 7(k) where it is voluntary
on the part of the employees and does not result, over a
period of time, in their failure to receive proper
compensation for all hours actually worked. On the other
hand, if the practice is required by the employer, the time
involved must be added to the employee's tour of duty and
treated as compensable hours of work.
Sec. C553.226 Training time
(a) The general rules for determining the compensability of
training time under the FLSA apply to employees engaged in
law enforcement or fire protection activities.
(b) While time spent in attending training required by an
employer is normally considered compensable hours of work,
following are situations where time spent by employees in
required training is considered to be noncompensable:
(1) Attendance outside of regular working hours at
specialized or follow-up training, which is required by law
for certification of public and private sector employees
within a particular governmental jurisdiction (e.g.,
certification of public and private emergency rescue
workers), does not constitute compensable hours of work for
public employees within that jurisdiction and subordinate
jurisdictions.
(2) Attendance outside of regular working hours at
specialized or follow-up training, which is required for
certification of employees of a governmental jurisdiction by
law of a higher level of government, does not constitute
compensable hours of work.
(3) Time spent in the training described in paragraphs (b)
(1) or (2) of this section is not compensable, even if all or
part of the costs of the training is borne by the employer.
(c) Police officers or firefighters, who are in attendance
at a police or fire academy or other training facility, are
not considered to be on duty during those times when they are
not in class or at a training session, if they are free to
use such time for personal pursuits. Such free time is not
compensable.
Sec. C553.227 Outside employment
(a) Section 7(p)(1) makes special provision for fire
protection and law enforcement employees of public agencies
who, at their own option, perform special duty work in fire
protection, law enforcement or related activities for a
separate and independent employer (public or private) during
their off-duty hours. The hours of work for the separate and
independent employer are not combined with the hours worked
for the primary public agency employer for purposes of
overtime compensation.
(b) Section 7(p)(1) applies to such outside employment
provided (1) the special detail work is performed solely at
the employee's option, and (2) the two employers are in fact
separate and independent.
(c) Whether two employers are, in fact, separate and
independent can only be determined on a case-by-case basis.
(d) The primary employer may facilitate the employment or
affect the conditions of employment of such employees. For
example, a police department may maintain a roster of
officers who wish to perform such work. The department may
also select the officers for special details from a list of
those wishing to participate, negotiate their pay, and retain
a fee for administrative expenses. The department may require
that the separate and independent employer pay the fee for
such services directly to the department, and establish
procedures for the officers to receive their pay for the
special details through the agency's payroll system. Finally,
the department may require that the officers observe their
normal standards of conduct during such details and take
disciplinary action against those who fail to do so.
(e) Section 7(p)(1) applies to special details even where a
State law or local ordinance requires that such work be
performed and that only law enforcement or fire protection
employees of a public agency in the same jurisdiction perform
the work. For example, a city ordinance may require the
presence of city police officers at a convention center
during concerts or sports events. If the officers perform
such work at their own option, the hours of work need not be
combined with the hours of work for their primary employer in
computing overtime compensation.
(f) The principles in paragraphs (d) and (e) of this
section with respect to special details of public agency fire
protection and law enforcement employees under section
7(p)(1) are exceptions to the usual rules on joint employment
set forth in part 791 of this title.
(g) Where an employee is directed by the public agency to
perform work for a second employer, section 7(p)(1) does not
apply. Thus, assignments of police officers outside of their
normal work hours to perform crowd control at a parade, where
the assignments are not solely at the option of the officers,
would not qualify as special details subject to this
exception. This would be true even if the parade organizers
reimburse the public agency for providing such services.
(h) Section 7(p)(1) does not prevent a public agency from
prohibiting or restricting outside employment by its
employees.
Overtime compensation rules
Sec. C553.230 Maximum hours standards for work periods of 7
to 28 days--section 7(k)
(a) For those employees engaged in fire protection
activities who have a work period of at least 7 but less than
28 consecutive days, no overtime compensation is required
under section 7(k) until the number of hours worked exceeds
the number of hours which bears the same relationship to 212
as the number of days in the work period bears to 28.
(b) For those employees engaged in law enforcement
activities (including security personnel in correctional
institutions) who have a work period of at least 7 but less
than 28 consecutive days, no overtime compensation is
required under section 7(k) until the num
[[Page 792]]
ber of hours worked exceeds the number of hours which bears
the same relationship to 171 as the number of days in the
work period bears to 28.
(c) The ratio of 212 hours to 28 days for employees engaged
in fire protection activities is 7.57 hours per day (rounded)
and the ratio of 171 hours to 28 days for employees engaged
in law enforcement activities is 6.11 hours per day
(rounded). Accordingly, overtime compensation (in premium pay
or compensatory time) is required for all hours worked in
excess of the following maximum hours standards (rounded to
the nearest whole hour):
MAXIMUM HOURS STANDARDS
------------------------------------------------------------------------
Fire Law
Work period (days) protection enforcement
------------------------------------------------------------------------
28............................................ 212 171
27............................................ 204 165
26............................................ 197 159
25............................................ 189 153
24............................................ 182 147
23............................................ 174 141
22............................................ 167 134
21............................................ 159 128
20............................................ 151 122
19............................................ 144 116
18............................................ 136 110
17............................................ 129 104
16............................................ 121 98
15............................................ 114 92
14............................................ 106 86
13............................................ 98 79
12............................................ 91 73
11............................................ 83 67
10............................................ 76 61
9............................................. 68 55
8............................................. 61 49
7............................................. 53 43
------------------------------------------------------------------------
Sec. C553.231 Compensatory time off
(a) Law enforcement and fire protection employees who are
subject to the section 7(k) exemption may receive
compensatory time off in lieu of overtime pay for hours
worked in excess of the maximum for their work period as set
forth in Sec. C553.230.
(b) Section 7(k) permits public agencies to balance the
hours of work over an entire work period for law enforcement
and fire protection employees. For example, if a
firefighter's work period is 28 consecutive days, and he or
she works 80 hours in each of the first two weeks, but only
52 hours in the third week, and does not work in the fourth
week, no overtime compensation (in cash wages or compensatory
time) would be required since the total hours worked do not
exceed 212 for the work period. If the same firefighter had a
work period of only 14 days, overtime compensation or
compensatory time off would be due for 54 hours (160 minus
106 hours) in the first 14 day work period.
Sec. C553.232 Overtime pay requirements
If a public agency pays employees subject to section 7(k)
for overtime hours worked in cash wages rather than
compensatory time off, such wages must be paid at one and
one-half times the employees' regular rates of pay.
Sec. C553.233 `Regular rate' defined
The statutory rules for computing an employee's `regular
rate', for purposes of the Act's overtime pay requirements
are applicable to employees or whom the section 7(k)
exemption is claimed when overtime compensation is provided
in cash wages.
Subpart D--Compensatory time-off for overtime earned by employees whose
work schedule directly depends upon the schedule of the House and the
Senate
Sec. C553.301 Definition of ``directly depends''
For the purposes of this Part, a covered employee's work
schedule ``directly depends'' on the schedule of the House of
Representatives and the Senate only if the eligible employee
performs work that directly supports the conduct of
legislative or other business in the chamber and works hours
that regularly change in response to the schedule of the
House and the Senate.
Sec. C553.302 Overtime compensation and compensatory time off
for an employee whose work schedule directly depends upon
the schedule of the House and Senate
No employing office shall be deemed to have violated
section 203(a)(1) of the CAA, which applies the protections
of section 7(a) of the Fair Labor Standards Act (``FLSA'') to
covered employees and employing office, by employing any
employee for a workweek in excess of the maximum workweek
applicable to such employee under section 7(a) of the FLSA
where the employee's work schedule directly depends on the
schedule of the House of Representatives or the Senate within
the meaning of Sec. C553.301, and: (a) the employee is
compensated at the rate of time-and-a-half in pay for all
hours in excess of 40 and up to 60 hours in a workweek, and
(b) the employee is compensated at the rate of time-and-a-
half in either pay or in time off for all hours in excess of
60 hours in a workweek.
Sec. C553.303 Using compensatory time off
An employee who has accrued compensatory time off under
Sec. C553.302 upon his or her request, shall be permitted by
the employing office to use such time within a reasonable
period after making the request, unless the employing office
makes a bona fide determination that the needs of the
operations of the office do not allow the taking of
compensatory time off at the time of the request. An employee
may renew the request at a subsequent time. An employing
office may also, upon reasonable notice, require an employee
to use accrued compensatory time-off.
Sec. C553.304 Payment of overtime compensation for accrued
compensatory time off as of termination of service
An employee who has accrued compensatory time authorized by
this regulation shall, upon termination of employment, be
paid for the unused compensatory time at the rate earned by
the employee at the time the employee receives such payment.
Part C570--Child Labor Regulations
Subpart A--General
Sec.
C570.00 Corresponding section table of the FLSA regulations
of the Labor Department and the CAA regulations of the
Office of Compliance.
C570.1 Definitions.
C570.2 Minimum age standards.
Subpart C--Employment of minors between 14 and 16 years of age (child
labor reg. 3)
C570.31 Determination.
C570.32 Effect of this subpart.
C570.33 Occupations.
C570.35 Periods and conditions of employment.
Subpart E--Occupations particularly hazardous for the employment of
minors between 16 and 18 years of age or detrimental to their health or
well-being
C570.50 General.
C570.51 Occupations in or about plants or establishments
manufacturing or storing explosives or articles
containing explosive components (Order 1).
C570.52 Occupations of motor-vehicle driver and outside
helper (Order 2).
C570.55 Occupations involved in the operation of power-driven
woodworking machines (Order 5).
C570.58 Occupations involved in the operation of power-driven
hoisting apparatus (Order 7).
C570.59 Occupations involved in the operations of power-
driven metal forming, punching, and shearing machines
(Order 8).
C570.62 Occupations involved in the operation of bakery
machines (Order 11).
C570.63 Occupations involved in the operation of paper-
products machines (Order 12).
C570.65 Occupations involved in the operations of circular
saws, band saws, and guillotine shears (Order 14).
C570.66 Occupations involved in wrecking and demolition
operations (Order 15).
C570.67 Occupations in roofing operations (Order 16).
C570.68 Occupations in excavation operations (Order 17).
Subpart A--General
Sec. C570.00 Corresponding section table of the FLSA
regulations of the Labor Department and the CAA
regulations of the Office of Compliance
The following table lists the sections of the Secretary of
Labor Regulations under the FLSA with the corresponding
sections of the Office of Compliance Regulations under
Section 202 of the CAA:
Secretary of Labor regulations OC regulations
570.1 Definitions................................................C570.1
570.2 Minimum age standards......................................C570.2
570.31 Determinations...........................................C570.31
570.32 Effect of this subpart...................................C570.32
570.33 Occupations..............................................C570.33
570.35 Periods and conditions of employment.....................C570.35
570.50 General..................................................C570.50
570.51 Occupations in or about plants or establishments manufacturing
or storing explosives or articles containing explosive components
(Order 1).....................................................C570.51
570.52 Occupations of motor-vehicle driver and outside helper (OC570.52
570.55 Occupations involved in the operation of power-driven
woodworking machines (Order 5)................................C570.55
570.58 Occupations involved in the operation of power-driven hoisting
apparatus (Order 7)...........................................C570.58
570.59 Occupations involved in the operations of power-driven metal
forming, punching, and shearing machines (Order 8)............C570.59
570.62 Occupations involved in the operation of bakery machines (Order
11)...........................................................C570.62
570.63 Occupations involved in the operation of paper-products machines
(Order 12)....................................................C570.63
570.65 Occupations involved in the operations of circular saws, band
saws, and guillotine shears (Order 14)........................C570.65
Secretary of Labor regulations OC regulations
570.66 Occupations involved in wrecking and demolition operations
(Order 15)....................................................C570.66
570.67 Occupations in roofing operations (Order 16).............C570.67
570.68 Occupations in excavation operations (Order 17)..........C570.68
Sec. C570.1 Definitions
As used in this part:
[[Page 793]]
(a) Act means the Fair Labor Standards Act of 1938, as
amended (52 Stat. 1060, as amended; 29 U.S.C. 201-219).
(b) Oppressive child labor means employment of a minor in
an occupation for which he does not meet the minimum age
standards of the Act, as set forth in Sec. 570.2 of this
subpart.
(c) Oppressive child labor age means an age below the
minimum age established under the Act for the occupation in
which a minor is employed or in which his employment is
contemplated.
(d) [Reserved]
(e) [Reserved]
(f) Secretary or Secretary of Labor means the Secretary of
Labor, United States Department of Labor, or his authorized
representative.
(g) Wage and Hour Division means the Wage and Hour
Division, Employment Standards Administration, United States
Department of Labor.
(h) Administrator means the Administrator of the Wage and
Hour Division or his authorized representative.
Sec. C570.2 Minimum age standards
(a) All occupations except in agriculture. (1) The Act, in
section 3(1), sets a general 16-year minimum age which
applies to all employment subject to its child labor
provisions in any occupation other than in agriculture, with
the following exceptions:
(i) The Act authorizes the Secretary of Labor to provide by
regulation or by order that the employment of employees
between the ages of 14 and 16 years in occupations other than
manufacturing and mining shall not be deemed to constitute
oppressive child labor, if and to the extent that the
Secretary of Labor determines that such employment is
confined to periods which will not interfere with their
schooling and to conditions which will not interfere with
their health and well-being (see subpart C of this part); and
(ii) The Act sets an 18-year minimum age with respect to
employment in any occupation found and declared by the
Secretary of Labor to be particularly hazardous for the
employment of minors of such age or detrimental to their
health or well-being.
(2) The Act exempts from its minimum age requirements the
employment by a parent of his own child, or by a person
standing in place of a parent of a child in his custody,
except in occupations to which the 18-year age minimum
applies and in manufacturing and mining occupations.
Subpart B [reserved]
Subpart C--Employment of minors between 14 and 16 years of age (child
labor reg. 3)
Sec. C570.31 Determination
The employment of minors between 14 and 16 years of age in
the occupations, for the periods, and under the conditions
hereafter specified does not interfere with their schooling
or with their health and well-being and shall not be deemed
to be oppressive child labor.
Sec. C570.32 Effect of this subpart
In all occupations covered by this subpart the employment
(including suffering or permitting to work) by an employer of
minor employees between 14 and 16 years of age for the
periods and under the conditions specified in Sec. 570.35
shall not be deemed to be oppressive child labor within the
meaning of the Fair Labor Standards Act of 1938.
Sec. C570.33 Occupations
This subpart shall apply to all occupations other than the
following:
(a) Manufacturing, mining, or processing occupations,
including occupations requiring the performance of any duties
in work rooms or work places where goods are manufactured,
mined, or otherwise processed;
(b) Occupations which involve the operation or tending of
hoisting apparatus or of any power-driven machinery other
than office machines;
(c) The operation of motor vehicles or service as helpers
on such vehicles;
(d) Public messenger service;
(e) Occupations which the Secretary of Labor may, pursuant
to section 3(1) of the Fair Labor Standards Act and
Reorganization Plan No. 2, issued pursuant to the
Reorganization Act of 1945, find and declare to be hazardous
for the employment of minors between 16 and 18 years of age
or detrimental to their health or well-being;
(f) Occupations in connection with:
(1) Transportation of persons or property by rail, highway,
air, water, pipeline, or other means;
(2) Warehousing and storage;
(3) Communications and public utilities;
(4) Construction (including demolition and repair); except
such office (including ticket office) work, or sales work, in
connection with paragraphs (f)(1), (2), (3), and (4) of this
section, as does not involve the performance of any duties on
trains, motor vehicles, aircraft, vessels, or other media of
transportation or at the actual site of construction
operations.
Sec. C570.35 Periods and conditions of employment
(a) Except as provided in paragraph (b) of this section,
employment in any of the occupations to which this subpart is
applicable shall be confined to the following periods:
(1) Outside school hours;
(2) Not more than 40 hours in any 1 week when school is not
in session;
(3) Not more than 18 hours in any 1 week when school is in
session;
(4) Not more than 8 hours in any 1 day when school is not
in session;
(5) Not more than 3 hours in any 1 day when school is in
session;
(6) Between 7 a.m. and 7 p.m. in any 1 day, except during
the summer (June 1 through Labor Day) when the evening hour
will be 9 p.m.
Subpart D [reserved]
Subpart E--Occupations particularly hazardous for the employment of
minors between 16 and 18 years of age or detrimental to their health or
well-being
Sec. C570.50 General
(a) Higher standards. Nothing in this subpart shall
authorize non-compliance with any Federal law or regulation
establishing a higher standard. If more than one standard
within this subpart applies to a single activity the higher
standard shall be applicable.
(b) Apprentices. Some sections in this subpart contain an
exemption for the employment of apprentices. Such an
exemption shall apply only when: (1) The apprentice is
employed in a craft recognized as an apprenticeable trade;
(2) the work of the apprentice in the occupations declared
particularly hazardous is incidental to his training; (3)
such work is intermittent and for short periods of time and
is under the direct and close supervision of a journeyman as
a necessary part of such apprentice training; and (4) the
apprentice is registered by the Executive Director of the
Office of Compliance as employed in accordance with the
standards established by the Bureau of Apprenticeship and
Training of the United States Department of Labor.
(c) Student-learners. Some sections in this subpart contain
an exemption for the employment of student-learners. Such an
exemption shall apply when:
(1) The student-learner is enrolled in a course of study
and training in a cooperative vocational training program
under a recognized State or local educational authority or in
a course of study in a substantially similar program
conducted by a private school and;
(2) Such student-learner is employed under a written
agreement which provides:
(i) That the work of the student-learner in the occupations
declared particularly hazardous shall be incidental to his
training;
(ii) That such work shall be intermittent and for short
periods of time, and under the direct and close supervision
of a qualified and experienced person;
(iii) That safety instructions shall be given by the school
and correlated by the employer with on-the-job training; and
(iv) That a schedule of organized and progressive work
processes to be performed on the job shall have been
prepared. Each such written agreement shall contain the name
of student-learner, and shall be signed by the employer and
the school coordinator or principal. Copies of each agreement
shall be kept on file by both the school and the employer.
This exemption for the employment of student-learners may be
revoked in any individual situation where it is found that
reasonable precautions have not been observed for the safety
of minors employed thereunder. A high school graduate may be
employed in an occupation in which he has completed training
as provided in this paragraph as a student-learner, even
though he is not yet 18 years of age.
Sec. C570.51 Occupations in or about plants or establishments
manufacturing or storing explosives or articles
containing explosive components (Order 1)
(a) Finding and declaration of fact. The following
occupations in or about plants or establishments
manufacturing or storing explosives or articles containing
explosive components are particularly hazardous for minors
between 16 and 18 years of age or detrimental to their health
or well-being:
(1) All occupations in or about any plant or establishment
(other than retail establishments or plants or establishments
of the type described in paragraph (a)(2) of this section)
manufacturing or storing explosives or articles containing
explosive components except where the occupation is performed
in a 'nonexplosives area' as defined in paragraph (b)(3) of
this section.
(2) The following occupations in or about any plant or
establishment manufacturing or storing small-arms ammunition
not exceeding .60 caliber in size, shotgun shells, or
blasting caps when manufactured or stored in conjunction with
the manufacture of small-arms ammunition:
(i) All occupations involved in the manufacturing, mixing,
transporting, or handling of explosive compounds in the
manufacture of small-arms ammunition and all other
occupations requiring the performance of any duties in the
explosives area in which explosive compounds are manufactured
or mixed.
(ii) All occupations involved in the manufacturing,
transporting, or handling of primers and all other
occupations requiring the performance of any duties in the
same building in which primers are manufactured.
(iii) All occupations involved in the priming of cartridges
and all other occupations requiring the performance of any
duties in the same workroom in which rim-fire cartridges are
primed.
(iv) All occupations involved in the plate loading of
cartridges and in the operation of automatic loading
machines.
(v) All occupations involved in the loading, inspecting,
packing, shipping and storage of blasting caps.
(b) Definitions. For the purpose of this section:
(1) The term plant or establishment manufacturing or
storing explosives or articles containing explosive component
means the
[[Page 794]]
land with all the buildings and other structures thereon used
in connection with the manufacturing or processing or storing
of explosives or articles containing explosive components.
(2) The terms explosives and articles containing explosive
components mean and include ammunition, black powder,
blasting caps, fireworks, high explosives, primers, smokeless
powder, and all goods classified and defined as explosives by
the Interstate Commerce Commission in regulations for the
transportation of explosives and other dangerous substances
by common carriers (49 CFR parts 71 to 78) issued pursuant to
the Act of June 25, 1948 (62 Stat.739; 18 U.S.C. 835).
(3) An area meeting all of the criteria in paragraphs
(b)(3) (i) through (iv) of this section shall be deemed a
``nonexplosives area'':
(i) None of the work performed in the area involves the
handling or use of explosives;
(ii) The area is separated from the explosives area by a
distance not less than that prescribed in the American Table
of Distances for the protection of inhabited buildings;
(iii) The area is separated from the explosives area by a
fence or is otherwise located so that it constitutes a
definite designated area; and
(iv) Satisfactory controls have been established to prevent
employees under 18 years of age within the area from entering
any area in or about the plant which does not meet criteria
of paragraphs (b)(3) (i) through (iii) of this section.
Sec. C570.52 Occupations of motor-vehicle driver and outside
helper (Order 2)
(a) Findings and declaration of fact. Except as provided in
paragraph (b) of this section, the occupations of motor-
vehicle driver and outside helper on any public road,
highway, in or about any mine (including open pit mine or
quarry), place where logging or sawmill operations are in
progress, or in any excavation of the type identified in
Sec. C570.68(a) are particularly hazardous for the employment
of minors between 16 and 18 years of age.
(b) Exemption--Incidental and occasional driving. The
findings and declaration in paragraph (a) of this section
shall not apply to the operation of automobiles or trucks not
exceeding 6,000 pounds gross vehicle weight if such driving
is restricted to daylight hours; provided, such operation is
only occasional and incidental to the minor's employment;
that the minor holds a State license valid for the type of
driving involved in the job performed and has completed a
State approved driver education course; and provided further,
that the vehicle is equipped with a seat belt or similar
restraining device for the driver and for each helper, and
the employer has instructed each minor that such belts or
other devices must be used. This paragraph shall not be
applicable to any occupation of motor-vehicle driver which
involves the towing of vehicles.
(c) Definitions. For the purpose of this section:
(1) The term motor vehicle shall mean any automobile,
truck, truck-tractor, trailer, semitrailer, motorcycle, or
similar vehicle propelled or drawn by mechanical power and
designed for use as a means of transportation but shall not
include any vehicle operated exclusively on rails.
(2) The term driver shall mean any individual who, in the
course of employment, drives a motor vehicle at any time.
(3) The term outside helper shall mean any individual,
other than a driver, whose work includes riding on a motor
vehicle outside the cab for the purpose of assisting in
transporting or delivering goods.
(4) The term gross vehicle weight includes the truck
chassis with lubricants, water and a full tank or tanks of
fuel, plus the weight of the cab or driver's compartment,
body and special chassis and body equipment, and payload.
Sec. C570.55 Occupations involved in the operation of power-
driven woodworking machines (Order 5)
(a) Finding and declaration of fact. The following
occupations involved in the operation of power-driven wood-
working machines are particularly hazardous for minors
between 16 and 18 years of age:
(1) The occupation of operating power-driven woodworking
machines, including supervising or controlling the operation
of such machines, feeding material into such machines, and
helping the operator to feed material into such machines but
not including the placing of material on a moving chain or in
a hopper or slide for automatic feeding.
(2) The occupations of setting up, adjusting, repairing,
oiling, or cleaning power-driven woodworking machines.
(3) The occupations of off-bearing from circular saws and
from guillotine-action veneer clippers.
(b) Definitions. As used in this section:
(1) The term power-driven woodworking machines shall mean
all fixed or portable machines or tools driven by power and
used or designed for cutting, shaping, forming, surfacing,
nailing, stapling, wire stitching, fastening, or otherwise
assembling, pressing, or printing wood or veneer.
(2) The term off-bearing shall mean the removal of material
or refuse directly from a saw table or from the point of
operation. Operations not considered as off-bearing within
the intent of this section include: (i) The removal of
material or refuse from a circular saw or guillotine-action
veneer clipper where the material or refuse has been conveyed
away from the saw table or point of operation by a gravity
chute or by some mechanical means such as a moving belt or
expulsion roller, and (ii) the following operations when they
do not involve the removal of material or refuse directly
from a saw table or from the point of operation: The
carrying, moving, or transporting of materials from one
machine to another or from one part of a plant to another;
the piling, stacking, or arranging of materials for feeding
into a machine by another person; and the sorting, tying,
bundling, or loading of materials.
(c) Exemptions. This section shall not apply to the
employment of apprentices or student-learners under the
conditions prescribed in Sec. 570.50 (b) and (c).
Sec. C570.58 Occupations involved in the operation of power-
driven hoisting apparatus (Order 7)
(a) Finding and declaration of fact. The following
occupations involved in the operation of power-driven
hoisting apparatus are particularly hazardous for minors
between 16 and 18 years of age:
(1) Work of operating an elevator, crane, derrick, hoist,
or high-lift truck, except operating an unattended automatic
operation passenger elevator or an electric or air-operated
hoist not exceeding one ton capacity.
(2) Work which involves riding on a manlift or on a freight
elevator, except a freight elevator operated by an assigned
operator.
(3) Work of assisting in the operation of a crane, derrick,
or hoist performed by crane hookers, crane chasers, hookers-
on, riggers, rigger helpers, and like occupations.
(b) Definitions. As used in this section:
(1) The term elevator shall mean any power-driven hoisting
or lowering mechanism equipped with a car or platform which
moves in guides in a substantially vertical direction. The
term shall include both passenger and freight elevators
(including portable elevators or tiering machines), but shall
not include dumbwaiters.
(2) The term crane shall mean a power-driven machine for
lifting and lowering a load and moving it horizontally, in
which the hoisting mechanism is an integral part of the
machine. The term shall include all types of cranes, such as
cantilever gantry, crawler, gantry, hammerhead, ingot-
pouring, jib, locomotive, motor-truck, overhead traveling,
pillar jib, pintle, portal, semi-gantry, semi-portal, storage
bridge, tower, walking jib, and wall cranes.
(3) The term derrick shall mean a power-driven apparatus
consisting of a mast or equivalent members held at the top by
guys or braces, with or without a boom, for use with an
hoisting mechanism or operating ropes. The term shall include
all types of derricks, such as A-frame, breast, Chicago boom,
gin-pole, guy and stiff-leg derrick.
(4) The term hoist shall mean a power-driven apparatus for
raising or lowering a load by the application of a pulling
force that does not include a car or platform running in
guides. The term shall include all types of hoists, such as
base mounted electric, clevis suspension, hook suspension,
monorail, overhead electric, simple drum and trolley
suspension hoists.
(5) The term high-lift truck shall mean a power-driven
industrial type of truck used for lateral transportation that
is equipped with a power-operated lifting device usually in
the form of a fork or platform capable of tiering loaded
pallets or skids one above the other. Instead of a fork or
platform, the lifting device may consist of a ram, scoop,
shovel, crane, revolving fork, or other attachments for
handling specific loads. The term shall mean and include
highlift trucks known under such names as fork lifts, fork
trucks, fork-lift trucks, tiering trucks, or stacking trucks
but shall not mean low-lift trucks or low-lift platform
trucks that are designed for the transportation of but not
the tiering of material.
(6) The term manlift shall mean a device intended for the
conveyance of persons which consists of platforms or brackets
mounted on, or attached to, an endless belt, cable, chain or
similar method of suspension; such belt, cable or chain
operating in a substantially vertical direction and being
supported by and driven through pulleys, sheaves or sprockets
at the top and bottom.
(c) Exception. (1) This section shall not prohibit the
operation of an automatic elevator and an automatic signal
operation elevator provided that the exposed portion of the
car interior (exclusive of vents and other necessary small
openings), the car door, and the hoistway doors are
constructed of solid surfaces without any opening through
which a part of the body may extend; all hoistway openings at
floor level have doors which are interlocked with the car
door so as to prevent the car from starting until all such
doors are closed and locked; the elevator (other than
hydraulic elevators) is equipped with a device which will
stop and hold the car in case of overspeed or if the cable
slackens or breaks; and the elevator is equipped with upper
and lower travel limit devices which will normally bring the
car to rest at either terminal and a final limit switch which
will prevent the movement in either direction and will open
in case of excessive over travel by the car.
(2) For the purpose of this exception the term automatic
elevator shall mean a passenger elevator, a freight elevator,
or a combination passenger-freight elevator, the operation of
which is controlled by pushbuttons in such a manner that the
starting, going to the landing selected, leveling and
holding, and the opening and closing of the car and hoistway
doors are entirely automatic.
(3) For the purpose of this exception, the term automatic
signal operation elevator
[[Page 795]]
shall mean an elevator which is started in response to the
operation of a switch (such as a lever or pushbutton) in the
car which when operated by the operator actuates a starting
device that automatically closes the car and hoistway doors-
from this point on, the movement of the car to the landing
selected, leveling and holding when it gets there, and the
opening of the car and hoistway doors are entirely automatic.
Sec. C570.59 Occupations involved in the operations of power-
driven metal forming, punching, and shearing machines
(Order 8)
(a) Finding and declaration of fact. The following
occupations are particularly hazardous for the employment of
minors between 16 and 18 years of age:
(1) The occupations of operator of or helper on the
following power-driven metal forming, punching, and shearing
machines:
(i) All rolling machines, such as beading, straightening,
corrugating, flanging, or bending rolls; and hot or cold
rolling mills.
(ii) All pressing or punching machines, such as punch
presses except those provided with full automatic feed and
ejection and with a fixed barrier guard to prevent the hands
or fingers of the operator from entering the area between the
dies; power presses; and plate punches.
(iii) All bending machines, such as apron brakes and press
brakes.
(iv) All hammering machines, such as drop hammers and power
hammers.
(v) All shearing machines, such as guillotine or squaring
shears; alligator shears; and rotary shears.
(2) The occupations of setting up, adjusting, repairing,
oiling, or cleaning these machines including those with
automatic feed and ejection.
(b) Definitions. (1) The term operator shall mean a person
who operates a machine covered by this section by performing
such functions as starting or stopping the machine, placing
materials into or removing them from the machine, or any
other functions directly involved in operation of the
machine.
(2) The term helper shall mean a person who assists in the
operation of a machine covered by this section by helping
place materials into or remove them from the machine.
(3) The term forming, punching, and shearing machines shall
mean power-driven metal-working machines, other than machine
tools, which change the shape of or cut metal by means of
tools, such as dies, rolls, or knives which are mounted on
rams, plungers, or other moving parts. Types of forming,
punching, and shearing machines enumerated in this section
are the machines to which the designation is by custom
applied.
(c) Exemptions. This section shall not apply to the
employment of apprentices or student-learners under the
conditions prescribed in Sec. 570.50 (b) and (c).
Sec. C570.62 Occupations involved in the operation of bakery
machines (Order 11)
(a) Finding and declaration of fact. The following
occupations involved in the operation of power-driven bakery
machines are particularly hazardous for the employment of
minors between 16 and 18 years of age:
(1) The occupations of operating, assisting to operate, or
setting up, adjusting, repairing, oiling, or cleaning any
horizontal or vertical dough mixer; batter mixer; bread
dividing, rounding, or molding machine; dough brake; dough
sheeter; combination bread slicing and wrapping machine; or
cake cutting band saw.
(2) The occupation of setting up or adjusting a cookie or
cracker machine.
Sec. C570.63 Occupations involved in the operation of paper-
products machines (Order 12)
(a) Findings and declaration of fact. The following
occupations are particularly hazardous for the employment of
minors between 16 and 18 years of age:
(1) The occupations of operation or assisting to operate
any of the following power-driven paper products machines:
(i) Arm-type wire stitcher or stapler, circular or band
saw, corner cutter or mitering machine, corrugating and
single-or-double-facing machine, envelope die-cutting press,
guillotine paper cutter or shear, horizontal bar scorer,
laminating or combining machine, sheeting machine, scrap-
paper baler, or vertical slotter.
(ii) Platen die-cutting press, platen printing press, or
punch press which involves hand feeding of the machine.
(2) The occupations of setting up, adjusting, repairing,
oiling, or cleaning these machines including those which do
not involve hand feeding.
(b) Definitions. (1) The term operating or assisting to
operate shall mean all work which involves starting or
stopping a machine covered by this section, placing or
removing materials into or from the machine, or any other
work directly involved in operating the machine. The term
does not include the stacking of materials by an employee in
an area nearby or adjacent to the machine where such employee
does not place the materials into the machine.
(2) The term paper products machine shall mean all power-
driven machines used in:
(i) The remanufacture or conversion of paper or pulp into a
finished product, including the preparation of such materials
for re-cycling; or
(ii) The preparation of such materials for disposal. The
term applies to such machines whether they are used in
establishments that manufacture converted paper or pulp
products, or in any other type of manufacturing or
nonmanufacturing establishment.
(c) Exemptions. This section shall not apply to the
employment of apprentices or student-learners under the
conditions prescribed in Sec. 570.50 (b) and (c).
Sec. C570.65 Occupations involved in the operations of
circular saws, band saws, and guillotine shears (Order
14)
(a) Findings and declaration of fact. The following
occupations are particularly hazardous for the employment of
minors between 16 and 18 years of age:
(1) The occupations of operator of or helper on the
following power-driven fixed or portable machines except
machines equipped with full automatic feed and ejection:
(i) Circular saws.
(ii) Band saws.
(iii) Guillotine shears.
(2) The occupations of setting-up, adjusting, repairing,
oiling, or cleaning circular saws, band saws, and guillotine
shears.
(b) Definitions. (1) The term operator shall mean a person
who operates a machine covered by this section by performing
such functions as starting or stopping the machine, placing
materials into or removing them from the machine, or any
other functions directly involved in operation of the
machine.
(2) The term helper shall mean a person who assists in the
operation of a machine covered by this section by helping
place materials into or remove them from the machine.
(3) The term machines equipped with full automatic feed and
ejection shall mean machines covered by this Order which are
equipped with devices for full automatic feeding and ejection
and with a fixed barrier guard to prevent completely the
operator or helper from placing any part of his body in the
point-of-operation area.
(4) The term circular saw shall mean a machine equipped
with a thin steel disc having a continuous series of notches
or teeth on the periphery, mounted on shafting, and used for
sawing materials.
(5) The term band saw shall mean a machine equipped with an
endless steel band having a continuous series of notches or
teeth, running over wheels or pulleys, and used for sawing
materials.
(6) The term guillotine shear shall mean a machine equipped
with a movable blade operated vertically and used to shear
materials. The term shall not include other types of shearing
machines, using a different form of shearing action, such as
alligator shears or circular shears.
(c) Exemptions. This section shall not apply to the
employment of apprentices or student-learners under the
conditions prescribed in Sec. 570.50 (b) and (c).
Sec. C570.66 Occupations involved in wrecking and demolition
operations (Order 15)
(a) Finding and declaration of fact. All occupations in
wrecking and demolition operations are particularly hazardous
for the employment of minors between 16 and 18 years of age
and detrimental to their health and well-being.
(b) Definition. The term wrecking and demolition operations
shall mean all work, including clean-up and salvage work,
performed at the site of the total or partial razing
demolishing or dismantling of a building, bridge, steeple,
tower, chimney, other structure.
Sec. C570.67 Occupations in roofing operations (Order 16)
(a) Finding and declaration of fact. All occupations in
roofing operations are particularly hazardous for the
employment of minors between 16 and 18 years of age or
detrimental to their health.
(b) Definition of roofing operations. The term roofing
operations shall mean all work performed in connection with
the application of weatherproofing materials and substances
(such as tar or pitch, asphalt prepared paper, tile, slate,
metal, translucent materials, and shingles of asbestos,
asphalt or wood) to roofs of buildings or other structures.
The term shall also include all work performed in connection
with: (1) The installation of roofs, including related metal
work such as flashing and (2) alterations, additions,
maintenance, and repair, including painting and coating, of
existing roofs. The term shall not include gutter and
downspout work; the construction of the sheathing or base of
roofs; or the installation of television antennas, air
conditioners, exhaust and ventilating equipment, or similar
appliances attached to roofs.
(c) Exemptions. This section shall not apply to the
employment of apprentices or student-learners under the
conditions prescribed in Sec. 570.50 (b) and (c).
Sec. C570.68 Occupations in excavation operations (Order 17)
(a) Finding and declaration of fact. The following
occupations in excavation operations are particularly
hazardous for the employment of persons between 16 and 18
years of age: (1) Excavating, working in, or backfilling
(refilling) trenches, except (i) manually excavating or
manually backfilling trenches that do not exceed four feet in
depth at any point, or (ii) working in trenches that do not
exceed four feet in depth at any point.
(2) Excavating for buildings or other structures or working
in such excavations, except: (i) Manually excavating to a
depth not exceeding four feet below any ground surface
adjoining the excavation, or (ii) working in an excavation
not exceeding such depth, or (iii) working in an excavation
where the side walls are shored or sloped to the angle of
repose.
[[Page 796]]
(3) Working within tunnels prior to the completion of all
driving and shoring operations.
(4) Working within shafts prior to the completion of all
sinking and shoring operations.
(b) Exemptions. This section shall not apply to the
employment of apprentices or student-learners under the
conditions prescribed in Sec.C570.50 (b) and (c).
Exclusion for employees of the Capitol Police
None of the limitations on the use of lie detector tests by
employing offices set forth in Section 204 of the CAA apply
to the Capitol Police. This exclusion from the limitations of
Section 204 of the CAA applies only with respect to Capitol
Police employees. Except as otherwise provided by law or
these regulations, this exclusion does not extend to
contractors or nongovernmental agents of the Capitol Police;
nor does it extend to the Capitol Police with respect to
employees of a private employer or an otherwise covered
employing office with which the Capitol Police has a
contractual or other business relationship.
Scope of regulations
These regulations are issued by the Board of Directors,
Office of Compliance, pursuant to sections 204(a)(3) and 304
of the CAA, which authorize the Board to issue regulations
governing the use of lie detector tests by the Capitol
Police. The regulations issued by the Board herein are on all
matters for which section 204(a)(3) of the CAA requires a
regulation to be issued.
Office of Compliance--The Congressional Accountability Act of 1995:
Extension of Rights and Protections Under the Employee Polygraph
Protection Act of 1988
NOTICE OF ADOPTION OF REGULATION AND SUBMISSION FOR APPROVAL AND
ISSUANCE OF INTERIM REGULATIONS
Summary: The Board of Directors, Office of Compliance,
after considering comments to its Notice of Proposed
Rulemaking published November 28, 1995 in the Congressional
Record, has adopted, and is submitting for approval by the
Congress, final regulations implementing Sections 204(a) and
(b) of the Congressional Accountability Act of 1995
(``CAA''). The Board is also adopting and issuing such
regulations as interim regulations for the House of
Representatives, the Senate and the employing offices of the
instrumentalities effective on January 23, 1996 or on the
dates upon which appropriate resolutions of approval are
passed, whichever is later. The interim regulations shall
expire on April 15, 1996 or on the dates on which appropriate
resolutions concerning the Board's final regulations are
passed by the House and the Senate, respectively, whichever
is earlier.
For Further Information Contact: Executive Director, Office
of Compliance, Room LA 200, Library of Congress, Washington,
D.C. 20540-1999. Telephone: (202) 724-9250.
Background and Summary
Supplementary Information: The Congressional Accountability
Act of 1995 (``CAA''), P.L. 104-1, 109 Stat. 3, was enacted
on January 23, 1995. 2 U.S.C. Sec. Sec. 1301-1438. In
general, the CAA applies the rights and protections of eleven
federal labor and employment statutes to covered employees
and employing offices within the legislative branch. Section
204(a) of the CAA provides that no employing office may
require any covered employee (including a covered employee
who does not work in that employing office) to take a lie
detector test where such test would be prohibited if required
by an employer under paragraphs (1), (2) or (3) of section 3
of the Employee Polygraph Protection Act of 1988, 29 U.S.C.
Sec. 2002(1), (2) or (3) (``EPPA''). 2 U.S.C. Sec. 1314(a).
Section 204(a) of the EPPA also applies the waiver provisions
of section 6(d) of the EPPA (29 U.S.C. Sec. 2005(d)) to
covered employees. Id. Section 225(f) of the CAA provides
that, ``[e]xcept where inconsistent with definitions and
exemptions provided in this Act, the definitions and
exemptions [of the EPPA] shall apply under this Act.'' 2
U.S.C. Sec. 1361(f)(1).
Section 204(c) of the CAA requires the Board of Directors
of the Office of Compliance issue regulations implementing
the section. 2 U.S.C. Sec. 1314(c). Section 204(c) further
states that such regulations ``shall be the same as
substantive regulations promulgated by the Secretary of Labor
to implement the statutory provisions referred to in
subsections (a) and (b) except insofar as the Board may
determine, for good cause shown and stated together with the
regulation, that a modification of such regulations would be
more effective for the implementation of the rights and
protections under this section.'' Id.
To obtain input from interested persons on the content of
these regulations, the Board published for comment a Notice
of Proposed Rulemaking in the Congressional Record 141 Cong.
Rec. S17656 (daily ed., Nov. 28, 1995) (``NPR''), inviting
comments from interested parties regarding the proposed
regulations. The Board received three comments on the
proposed regulations from interested parties. Two of the
comments, without elaboration, supported the regulations as
proposed. Only one commenter took issue with certain sections
of the proposed regulations and the Board's resolution of
certain issues raised in the NPR. In addition, the Office has
sought consultations with the Secretary of Labor regarding
the proposed regulations, pursuant to section 304(g) of the
CAA.
After full consideration of the comments received in
response to the proposed rule, the Board has adopted and is
submitting these final regulations for approval by the
Congress. Moreover, pursuant to sections 411 and 304, the
Board is also adopting and issuing such regulations as
interim regulations for the House, the Senate and the
employing offices of the instrumentalities effective on
January 23, 1996 or on the dates upon which appropriate
resolutions of approval are passed, whichever is later. The
interim regulations shall expire on April 15, 1996 or on the
dates on which appropriate resolutions concerning the Board's
final regulations are passed by the House and the Senate,
respectively, whichever is earlier.
I. Summary of Comments and Board's Final Rules
A. Exemption for national defense and security
One commenter suggested that proposed section 1.11,
implementing the national defense and security exemption, be
modified. The commenter suggested that, as proposed, the
regulatory exemption for national defense and security could
be construed to permit claims by employees that an employing
office violated section 204 of the CAA by conveying
information that ultimately led to a lie detector test, even
though the subsequent law enforcement investigation was
outside of that employing office's control. Moreover, the
commenter argued that proposed section 1.11(d), which states
that the Executive Branch must administer the tests ``in
accordance with applicable Department of Defense directives
and regulations,'' should be deleted since administration of
such tests by the Executive Branch is outside of the control
of employing offices. Finally, this commenter argued that
proposed section 1.11 should refer to all of the exemptions
under section 7(b) of the EPPA, not just to subsection (b)(2)
of section 7 of the EPPA.
Contrary to the commenter's concern, section 1.11(d) cannot
reasonably be construed to permit claims by employees that
the employing office has violated section 204 of the CAA
merely by conveying information to law enforcement
authorities. Section 1.11 of the regulation states that lie
detector tests performed by the Federal Government in the
performance of any intelligence or counterintelligence
function are not within any of the prohibitions of section
204 of the CAA. Thus, if the conditions of section 1.11 are
met, no employing office should be held liable under section
204 of the CAA for indirectly causing the Executive Branch to
perform such tests by conveying a report to Federal
Government intelligence or counterintelligence officers.
Moreover, section 1.4(b) of the regulations makes it clear
that employing offices will ordinarily not be liable under
section 204 of the CAA for making reports to law enforcement
authorities or for cooperating in law enforcement
investigations.
Nor is the Board inclined to modify the requirement in
section 1.11(d) that any tests administered under the
national security exemption be in accordance with applicable
Department of Defense directives and regulations. That
requirement is taken verbatim from the identical Executive
Branch regulations that are applicable to private sector
employers who also have no control over the requirements of
the Department of Defense directives and regulations. The
Board has not been presented with any reason that would
constitute good cause to deviate from these provisions.
Finally, the Board was not provided with sufficient
information to determine whether the portions of the
Secretary's regulation implementing section 7(b) of the EPPA
that were not included in proposed section 1.11 are
applicable to the legislative branch. However, out of an
abundance of caution, the Board's final regulation shall
include, with appropriate modifications, the entirety of the
implementing regulation, as suggested by the commenter.
B. Exemption for employees of the Capitol Police
The commenter also stated that section 1.4(e) of the
regulations, which provides that the Capitol Police may
administer lie detector tests to non-Capitol Police employees
only during the course of an ``ongoing investigation'' by the
Capitol Police, is not authorized by the CAA. The Board
disagrees.
Section 204(a)(3) gives the Board authority to adopt
limitations on the nature and scope of lie detector use by
the Capitol Police. This is such a provision.
Contrary to the commenter's suggestion, this regulation
strikes an appropriate balance between giving the Capitol
Police authority to use lie detector tests for legitimate law
enforcement purposes and protecting against overbroad and
unreasonable use of lie detector tests by the Capitol Police
with respect to covered employees not employed by it.
Specifically, section 1.4(e) of the regulation makes it clear
that the regulation excluding the Capitol Police from section
204 of the CAA with respect to its own employees is not a
total exemption of the Capitol Police from the prohibitions
on the employment-related use of lie detector tests. It
prohibits employing offices other than the Capitol Police
from avoiding the prohibitions of section 204 of the CAA by
administering lie detector tests on their covered employees
indirectly through the Capitol Police under circumstances
where such tests would not be warranted by legitimate law
enforcement investigative considerations.
Application of Rights and Protections of the Employee Polygraph
Protection Act of 1988
Subpart A--General
Section
[[Page 797]]
1.1 Purpose and scope.
1.2 Definitions.
1.3 Coverage.
1.4 Prohibitions on lie detector use.
1.5 Effect on other laws or agreements.
1.6 Notice of protection.
1.7 Authority of the Board.
1.8 Employment relationship.
Subpart B--Exemptions
1.10 Exclusion for employees of the Capitol Police.
[Reserved]
1.11 Exemption for national defense and security.
1.12 Exemption for employing offices conducting
investigations of economic loss or injury.
1.13 Exemption for employing offices authorized to
manufacture, distribute, or dispense controlled
substances. Subpart C--Restrictions on polygraph usage
under exemptions
1.20 Adverse employment action under ongoing investigation
exemption.
1.21 Adverse employment action under controlled substance
exemption.
1.22 Rights of examinee--general.
1.23 Rights of examinee--pretest phase.
1.24 Rights of examinee--actual testing phase.
1.25 Rights of examinee--post-test phase.
1.26 Qualifications of and requirements for examiners.
Subpart D--Recordkeeping and disclosure requirements
1.30 Records to be preserved for 3 years.
1.35 Disclosure of test information.
Subpart E--Duration of interim rules
1.40 [Reserved]
Appendix A--Notice to Examinee
Authority: Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. 1314(c)
Subpart A--General
Sec. 1.1 Purpose and scope.
Enacted into law on January 23, 1995, the Congressional
Accountability Act (``CAA'') directly applies the rights and
protections of eleven federal labor and employment law
statutes to covered employees and employing offices within
the legislative branch. Section 204(a) of the CAA, 2 U.S.C.
Sec. 1314(a) provides that no employing office may require
any covered employee (including a covered employee who does
not work in that employing office) to take a lie detector
test where such test would be prohibited if required by an
employer under paragraphs (1), (2) or (3) of section 3 of the
Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C.
Sec. 2002(1), (2) or (3). The purpose of this part is to set
forth the regulations to carry out the provisions of Section
204 of the CAA.
Subpart A contains the provisions generally applicable to
covered employers, including the requirements relating to the
prohibitions on lie detector use. Subpart B sets forth rules
regarding the statutory exemptions from application of
section 204 of the CAA. Subpart C sets forth the restrictions
on polygraph usage under such exemptions. Subpart D sets
forth the rules on recordkeeping and the disclosure of
polygraph test information.
Sec. 1.2 Definitions.
For purposes of this part:
(a) Act or CAA means the Congressional Accountability Act
of 1995 (P.L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-
1438).
(b) EPPA means the Employee Polygraph Protection Act of
1988 (Pub. L. 100-347, 102 Stat. 646, 29 U.S.C.
Sec. Sec. 2001-2009) as applied to covered employees and
employing offices by Section 204 of the CAA.
(c) The term covered employee means any employee of (1) the
House of Representatives; (2) the Senate; (3) the Capitol
Guide Service; (4) the Congressional Budget Office; (5) the
Office of the Architect of the Capitol; (6) the Office of the
Attending Physician; (7) the Office of Compliance; or (8) the
Office of Technology Assessment.
(d) The term employee includes an applicant for employment
and a former employee.
(e) The term employee of the Office of the Architect of the
Capitol includes any employee of the Office of the Architect
of the Capitol, the Botanic Gardens, or the Senate
Restaurants.
(f) The term employee of the Capitol Police includes any
member or officer of the Capitol Police.
(g) The term employee of the House of Representatives
includes an individual occupying a position the pay for which
is disbursed by the Clerk of the House of Representatives, or
another official designated by the House of Representatives,
or any employment position in an entity that is paid with
funds derived from the clerk-hire allowance of the House of
Representatives but not any such individual employed by any
entity listed in subparagraphs (3) through (8) of paragraph
(c) above.
(h) The term employee of the Senate includes any employee
whose pay is disbursed by the Secretary of the Senate, but
not any such individual employed by any entity listed in
subparagraphs (3) through (8) of paragraph (c) above.
(i) The term employing office means (1) the personal office
of a Member of the House of Representatives or of a Senator;
(2) a committee of the House of Representatives or the Senate
or a joint committee; (3) any other office headed by a person
with the final authority to appoint, hire, discharge, and set
the terms, conditions, or privileges of the employment of an
employee of the House of Representatives or the Senate; or
(4) the Capitol Guide Board, the Congressional Budget Office,
the Office of the Architect of the Capitol, the Office of the
Attending Physician, the Office of Compliance, and the Office
of Technology Assessment. The term employing office includes
any person acting directly or indirectly in the interest of
an employing office in relation to an employee or prospective
employee. A polygraph examiner either employed for or whose
services are retained for the sole purpose of administering
polygraph tests ordinarily would not be deemed an employing
office with respect to the examinees. Any reference to
``employer'' in these regulations includes employing offices.
(j)(1) The term lie detector means a polygraph,
deceptograph, voice stress analyzer, psychological stress
evaluator, or any other similar device (whether mechanical or
electrical) that is used, or the results of which are used,
for the purpose of rendering a diagnostic opinion regarding
the honesty or dishonesty of an individual. Voice stress
analyzers, or psychological stress evaluators, include any
systems that utilize voice stress analysis, whether or not an
opinion on honesty or dishonesty is specifically rendered.
(2) The term lie detector does not include medical tests
used to determine the presence or absence of controlled
substances or alcohol in bodily fluids. Also not included in
the definition of lie detector are written or oral tests
commonly referred to as ``honesty'' or ``paper and pencil''
tests, machine-scored or otherwise; and graphology tests
commonly referred to as handwriting tests.
(k) The term polygraph means an instrument that--
(1) Records continuously, visually, permanently, and
simultaneously changes in cardiovascular, respiratory, and
electrodermal patterns as minimum instrumentation standards;
and
(2) Is used, or the results of which are used, for the
purpose of rendering a diagnostic opinion regarding the
honesty or dishonesty of an individual.
(l) Board means the Board of Directors of the Office of
Compliance.
(m) Office means the Office of Compliance.
Sec. 1.3 Coverage
The coverage of Section 204 of the Act extends to any
``covered employee'' or ``covered employing office'' without
regard to the number of employees or the employing office's
effect on interstate commerce.
Sec. 1.4 Prohibitions on lie detector use
(a) Section 204 of the CAA provides that, subject to the
exemptions of the EPPA incorporated into the CAA under
section 225(f) of the CAA, as set forth in Sec. 1.10 through
1.12 of this Part, employing offices are prohibited from:
(1) Requiring, requesting, suggesting or causing, directly
or indirectly, any covered employee or prospective employee
to take or submit to a lie detector test;
(2) Using, accepting, or inquiring about the results of a
lie detector test of any covered employee or prospective
employee; and
(3) Discharging, disciplining, discriminating against,
denying employment or promotion, or threatening any covered
employee or prospective employee to take such action for
refusal or failure to take or submit to such test, or on the
basis of the results of a test.
The above prohibitions apply irrespective of whether the
covered employee referred to in paragraphs (1), (2) or (3),
above, works in that employing office.
(b) An employing office that reports a theft or other
incident involving economic loss to police or other law
enforcement authorities is not engaged in conduct subject to
the prohibitions under paragraph (a) of this section if,
during the normal course of a subsequent investigation, such
authorities deem it necessary to administer a polygraph test
to a covered employee(s) suspected of involvement in the
reported incident. Employing offices that cooperate with
police authorities during the course of their investigations
into criminal misconduct are likewise not deemed engaged in
prohibitive conduct provided that such cooperation is passive
in nature. For example, it is not uncommon for police
authorities to request employees suspected of theft or
criminal activity to submit to a polygraph test during the
employee's tour of duty since, as a general rule, suspect
employees are often difficult to locate away from their place
of employment. Allowing a test on the employing office's
premises, releasing a covered employee during working hours
to take a test at police headquarters, and other similar
types of cooperation at the request of the police authorities
would not be construed as ``requiring, requesting,
suggesting, or causing, directly or indirectly, any covered
employee * * * to take or submit to a lie detector test.''
Cooperation of this type must be distinguished from actual
participation in the testing of employees suspected of
wrongdoing, either through the administration of a test by
the employing office at the request or direction of police
authorities, or through reimbursement by the employing office
of tests administered by police authorities to employees. In
some communities, it may be a practice of police authorities
to request testing by employing offices of employees before a
police investigation is initiated on a reported incident. In
other communities, police examiners are available to covered
employing offices, on a cost reimbursement basis, to conduct
tests on employees suspected by an employing office of
wrongdoing. All such conduct on the part of employing offices
is deemed within the prohibitions of section 204 of the CAA.
(c) The receipt by an employing office of information from
a polygraph test administered by police authorities pursuant
to an in
[[Page 798]]
vestigation is prohibited by section 3(2) of the EPPA. (See
paragraph (a)(2) of this section.)
(d) The simulated use of a polygraph instrument so as to
lead an individual to believe that an actual test is being or
may be performed (e.g., to elicit confessions or admissions
of guilt) constitutes conduct prohibited by paragraph (a) of
this section. Such use includes the connection of a covered
employee or prospective employee to the instrument without
any intention of a diagnostic purpose, the placement of the
instrument in a room used for interrogation unconnected to
the covered employee or prospective employee, or the mere
suggestion that the instrument may be used during the course
of the interview.
(e) The Capitol Police may not require a covered employee
not employed by the Capitol Police to take a lie detector
test (on its own initiative or at the request of another
employing office) except where the Capitol Police administers
such lie detector test as part of an ``ongoing
investigation'' by the Capitol Police. For the purpose of
this subsection, the definition of ``ongoing investigation''
contained section 1.12(b) shall apply.
Sec. 1.5 Effect on other laws or agreements
(a) Section 204 of the CAA does not preempt any otherwise
applicable provision of federal law or any rule or regulation
of the House or Senate or any negotiated collective
bargaining agreement that prohibits lie detector tests or is
more restrictive with respect to the use of lie detector
tests.
(b)(1) This provision applies to all aspects of the use of
lie detector tests, including procedural safeguards, the use
of test results, the rights and remedies provided examinees,
and the rights, remedies, and responsibilities of examiners
and employing offices.
(2) For example, a collective bargaining agreement that
provides greater protection to an examinee would apply in
addition to the protection provided in section 204 of the
CAA.
Sec. 1.6 Notice of protection
Pursuant to section 301(h) of the CAA, the Office shall
prepare, in a manner suitable for posting, a notice
explaining the provisions of section 204 of the CAA. Copies
of such notice may be obtained from the Office of Compliance.
Sec. 1.7 Authority of the Board
Pursuant to sections 204 and 304 of the CAA, the Board is
authorized to issue regulations to implement the rights and
protections of the EPPA. Section 204(c) directs the Board to
promulgate regulations implementing section 204 that are
``the same as substantive regulations promulgated by the
Secretary of Labor to implement the statutory provisions
referred to in subsections (a) and (b) [of section 204 of the
CAA] except insofar as the Board may determine, for good
cause shown . . . that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this section.'' The regulations issued
by the Board herein are on all matters for which section 204
of the CAA requires a regulation to be issued. Specifically,
it is the Board's considered judgment, based on the
information available to it at the time of promulgation of
these regulations, that, with the exception of the
regulations adopted and set forth herein, there are no other
``substantive regulations promulgated by the Secretary of
Labor to implement the statutory provisions referred to in
subsections (a) and (b) [of section 204 of the CAA].''
In promulgating these regulations, the Board has made
certain technical and nomenclature changes to the regulations
as promulgated by the Secretary. Such changes are intended to
make the provisions adopted accord more naturally to
situations in the legislative branch. However, by making
these changes, the Board does not intend a substantive
difference between these regulations and those of the
Secretary from which they are derived. Moreover such changes,
in and of themselves, are not intended to constitute an
interpretation of the regulation or of the statutory
provisions of the CAA upon which they are based.
Sec. 1.8 Employment relationship
Subject to the exemptions incorporated into the CAA by
section 225(f), section 204 applies the prohibitions on the
use of lie detectors by employing offices with respect to
covered employees irrespective of whether a covered employee
works in that employing office. Sections 101 (3), (4) and 204
of the CAA also apply EPPA prohibitions against
discrimination to applicants for employment and former
employees of a covered employing office. For example, an
employee may quit rather than take a lie detector test. The
employing office cannot discriminate or threaten to
discriminate in any manner against that person (such as by
providing bad references in the future) because of that
person's refusal to be tested. Similarly, an employing office
cannot discriminate or threaten to discriminate in any manner
against that person because that person files a complaint,
institutes a proceeding, testifies in a proceeding, or
exercises any right under section 204 of the CAA. (See
section 207 of the CAA.)
Subpart B--Exemptions
Sec. 1.10 Exclusion for employees of the Capitol Police
[Reserved]
Sec. 1.11 Exemption for national defense and security
(a) The exemptions allowing for the administration of lie
detector tests in the following paragraphs (b) through (e) of
this section apply only to the Federal Government; they do
not allow covered employing offices to administer such tests.
For the purposes of this section, the term ``Federal
Government'' means any agency or entity within the Federal
Government authorized to administer polygraph examinations
which is otherwise exempt from coverage under section 7(a) of
the EPPA, 29 U.S.C. Sec. 2006(a).
(b) Section 7(b)(1) of the EPPA, incorporated into the CAA
under section 225(f) of the CAA, provides that nothing in the
EPPA shall be construed to prohibit the administration of any
lie detector test by the Federal Government, in the
performance of any counterintelligence function, to any
expert, consultant or employee of any contractor under
contract with the Department of Defense; or with the
Department of Energy, in connection with the atomic energy
defense activities of such Department.
(c) Section 7(b)(2)(A) of the EPPA, incorporated into the
CAA under section 225(f) of the CAA, provides that nothing in
the EPPA shall be construed to prohibit the administration of
any lie detector test by the Federal Government, in the
performance of any intelligence or counterintelligence
function of the National Security Agency, the Defense
Intelligence Agency, or the Central Intelligence Agency, to
any individual employed by, assigned to, or detailed to any
such agency; or any expert or consultant under contract to
any such agency; or any employee of a contractor to such
agency; or any individual applying for a position in any such
agency; or any individual assigned to a space where sensitive
cryptologic information is produced, processed, or stored for
any such agency.
(d) Section 7(b)(2)(B) of the EPPA, incorporated into the
CAA under section 225(f) of the CAA, provides that nothing in
the EPPA shall be construed to prohibit the administration of
any lie detector test by the Federal Government, in the
performance of any intelligence or counterintelligence
function, to any covered employee whose duties involve access
to information that has been classified at the level of top
secret or designated as being within a special access program
under section 4.2 (a) of Executive Order 12356 (or a
successor Executive Order).
(c) Counterintelligence for purposes of the above
paragraphs means information gathered and activities
conducted to protect against espionage and other clandestine
intelligence activities, sabotage, terrorist activities, or
assassinations conducted for or on behalf of foreign
governments, or foreign or domestic organizations or persons.
(d) Lie detector tests of persons described in the above
paragraphs will be administered in accordance with applicable
Department of Defense directives and regulations, or other
regulations and directives governing the use of such tests by
the United States Government, as applicable.
Sec. 1.12 Exemption for Employing Offices Conducting
Investigations of Economic Loss or Injury
(a) Section 7(d) of the EPPA, incorporated into the CAA
under section 225(f) of the CAA, provides a limited exemption
from the general prohibition on lie detector use for
employers conducting ongoing investigations of economic loss
or injury to the employer's business. An employing office may
request an employee, subject to the conditions set forth in
sections 8 and 10 of the EPPA and Secs. 1.20, 1.22, 1.23,
1.24, 1.25, 1.26 and 1.35 of this part, to submit to a
polygraph test, but no other type of lie detector test, only
if--
(1) The test is administered in connection with an ongoing
investigation involving economic loss or injury to the
employing office's operations, such as theft, embezzlement,
misappropriation or an act of unlawful industrial espionage
or sabotage;
(2) The employee had access to the property that is the
subject of the investigation;
(3) The employing office has a reasonable suspicion that
the employee was involved in the incident or activity under
investigation;
(4) The employing office provides the examinee with a
statement, in a language understood by the examinee, prior to
the test which fully explains with particularity the specific
incident or activity being investigated and the basis for
testing particular employees and which contains, at a
minimum:
(i) An identification with particularity of the specific
economic loss or injury to the operations of the employing
office;
(ii) A description of the employee's access to the property
that is the subject of the investigation;
(iii) A description in detail of the basis of the employing
office's reasonable suspicion that the employee was involved
in the incident or activity under investigation; and
(iv) Signature of a person (other than a polygraph
examiner) authorized to legally bind the employing office;
and
(5) The employing office retains a copy of the statement
and proof of service described in paragraph (a)(4) of this
section for at least 3 years.
(b) For the exemption to apply, the condition of an
``ongoing investigation'' must be met. As used in section
7(d) of the EPPA, the ongoing investigation must be of a
specific incident or activity. Thus, for example, an
employing office may not request that an employee or
employees submit to a polygraph test in an effort to
determine whether or not any thefts have occurred. Such
random testing by an employing office is precluded by the
EPPA. Further, because the exemption is limited to a specific
incident or activity, an employing office is precluded
[[Page 799]]
(c)(1)(i) The terms economic loss or injury to the
employing office's operations include both direct and
indirect economic loss or injury.
(ii) Direct loss or injury includes losses or injuries
resulting from theft, embezzlement, misappropriation,
espionage or sabotage. These examples, cited in the EPPA, are
intended to be illustrative and not exhaustive. Another
specific incident which would constitute direct economic loss
or injury is the misappropriation of confidential or trade
secret information.
(iii) Indirect loss or injury includes the use of an
employing office's operations to commit a crime, such as
check-kiting or money laundering. In such cases, the ongoing
investigation must be limited to criminal activity that has
already occurred, and to use of the employing office's
operations (and not simply the use of the premises) for such
activity. For example, the use of an employing office's
vehicles, warehouses, computers or equipment to smuggle or
facilitate the importing of illegal substances constitutes an
indirect loss or injury to the employing office's business
operations. Conversely, the mere fact that an illegal act
occurs on the employing office's premises (such as a drug
transaction that takes place in the employing office's
parking lot or rest room) does not constitute an indirect
economic loss or injury to the employing office.
(iv) Indirect loss or injury also includes theft or injury
to property of another for which the employing office
exercises fiduciary, managerial or security responsibility,
or where the office has custody of the property (but not
property of other offices to which the employees have access
by virtue of the employment relationship). For example, if a
maintenance employee of the manager of an apartment building
steals jewelry from a tenant's apartment, the theft results
in an indirect economic loss or injury to the employer
because of the manager's management responsibility with
respect to the tenant's apartment. A messenger on a delivery
of confidential business reports for a client firm who steals
the reports causes an indirect economic loss or injury to the
messenger service because the messenger service is custodian
of the client firm's reports, and therefore is responsible
for their security. Similarly, the theft of property
protected by a security service employer is considered an
economic loss or injury to that employer.
(v) A theft or injury to a client firm does not constitute
an indirect loss or injury to an employing office unless that
employing office has custody of, or management, or security
responsibility for, the property of the client that was lost
or stolen or injured. For example, a cleaning contractor has
no responsibility for the money at a client bank. If money is
stolen from the bank by one of the cleaning contractor's
employees, the cleaning contractor does not suffer an
indirect loss or injury.
(vi) Indirect loss or injury does not include loss or
injury which is merely threatened or potential, e.g., a
threatened or potential loss of an advantageous business
relationship.
(2) Economic losses or injuries which are the result of
unintentional or lawful conduct would not serve as a basis
for the administration of a polygraph test. Thus, apparently
unintentional losses or injuries stemming from truck, car,
workplace, or other similar type accidents or routine
inventory or cash register shortages would not meet the
economic loss or injury requirement. Any economic loss
incident to lawful union or employee activity also would not
satisfy this requirement.
(3) It is the operations of the employing office which must
suffer the economic loss or injury. Thus, a theft committed
by one employee against another employee of the same
employing office would not satisfy the requirement.
(d) While nothing in the EPPA as applied by the CAA
prohibits the use of medical tests to determine the presence
of controlled substances or alcohol in bodily fluids, the
section 7(d) exemption of the EPPA does not permit the use of
a polygraph test to learn whether an employee has used drugs
or alcohol, even where such possible use may have contributed
to an economic loss to the employing office (e.g., an
accident involving an employing office's vehicle).
(e) Section 7(d)(2) of the EPPA provides that, as a
condition for the use of the exemption, the employee must
have had access to the property that is the subject of the
investigation.
(1) The word access, as used in section 7(d)(2), refers to
the opportunity which an employee had to cause, or to aid or
abet in causing, the specific economic loss or injury under
investigation. The term ``access'', thus, includes more than
direct or physical contact during the course of employment.
For example, as a general matter, all employees working in or
with authority to enter a property storage area have
``access'' to unsecured property in the area. All employees
with the combination to a safe have ``access'' to the
property in a locked safe. Employees also have ``access'' who
have the ability to divert possession or otherwise affect the
disposition of the property that is the subject of
investigation. For example, a bookkeeper in a jewelry store
with access to inventory records may aid or abet a clerk who
steals an expensive watch by removing the watch from the
employing office's inventory records. In such a situation, it
is clear that the bookkeeper effectively has ``access'' to
the property that is the subject of the investigation.
(2) As used in section 7(d)(2), property refers to
specifically identifiable property, but also includes such
things of value as security codes and computer data, and
proprietary, financial or technical information, such as
trade secrets, which by its availability to competitors or
others would cause economic harm to the employing office.
(f)(1) As used in section 7(d)(3), the term reasonable
suspicion refers to an observable, articulable basis in fact
which indicates that a particular employee was involved in,
or responsible for, an economic loss. Access in the sense of
possible or potential opportunity, standing alone, does not
constitute a basis for ``reasonable suspicion.'' Information
from a co-worker, or an employee's behavior, demeanor, or
conduct may be factors in the basis for reasonable suspicion.
Likewise, inconsistencies between facts, claims, or
statements that surface during an investigation can serve as
a sufficient basis for reasonable suspicion. While access or
opportunity, standing alone, does not constitute a basis for
reasonable suspicion, the totality of circumstances
surrounding the access or opportunity (such as its
unauthorized or unusual nature or the fact that access was
limited to a single individual) may constitute a factor in
determining whether there is a reasonable suspicion.
(2) For example, in an investigation of a theft of an
expensive piece of jewelry, an employee authorized to open
the establishment's safe no earlier than 9 a.m., in order to
place the jewelry in a window display case, is observed
opening the safe at 7:30 a.m. In such a situation, the
opening of the safe by the employee one and one-half hours
prior to the specified time may serve as the basis for
reasonable suspicion. On the other hand, in the example
given, if the employee is asked to bring the piece of jewelry
to his or her office at 7:30 a.m., and the employee then
opened the safe and reported the jewelry missing, such
access, standing alone, would not constitute a basis for
reasonable suspicion that the employee was involved in the
incident unless access to the safe was limited solely to the
employee. If no one other than the employee possessed the
combination to the safe, and all other possible explanations
for the loss are ruled out, such as a break-in, a basis for
reasonable suspicion may be formulated based on sole access
by one employee.
(3) The employing office has the burden of establishing
that the specific individual or individuals to be tested are
``reasonably suspected'' of involvement in the specific
economic loss or injury for the requirement in section
7(d)(3) of the EPPA to be met.
(g)(1) As discussed in paragraph (a)(4) of this section,
section 7(d)(4) of the EPPA sets forth what information, at a
minimum, must be provided to an employee if the employing
office wishes to claim the exemption.
(2) The statement required under paragraph (a)(4) of this
section must be received by the employee at least 48 hours,
excluding weekend days and holidays, prior to the time of the
examination. The statement must set forth the time and date
of receipt by the employee and be verified by the employee's
signature. This will provide the employee with adequate pre-
test notice of the specific incident or activity being
investigated and afford the employee sufficient time prior to
the test to obtain and consult with legal counsel or an
employee representative.
(3) The statement to be provided to the employee must set
forth with particularity the specific incident or activity
being investigated and the basis for testing particular
employees. Section 7(d)(4)(A) of the EPPA requires
specificity beyond the mere assertion of general statements
regarding economic loss, employee access, and reasonable
suspicion. For example, an employing office's assertion that
an expensive watch was stolen, and that the employee had
access to the watch and is therefore a suspect, would not
meet the ``with particularity'' criterion. If the basis for
an employing office's requesting an employee (or employees)
to take a polygraph test is not articulated with
particularity, and reduced to writing, then the standard is
not met. The identity of a co-worker or other individual
providing information used to establish reasonable suspicion
need not be revealed in the statement.
(4) It is further required that the statement provided to
the examinee be signed by the employing office, or an
employee or other representative of the employing office
(h) Polygraph tests administered pursuant to this exemption
are subject to the limitations set forth in sections 8 and 10
of the EPPA, as discussed in Secs. 1.20, 1.22, 1.23, 1.24,
1.25, 1.26, and 1.35 of this part. As provided in these
sections, the exemption will apply only if certain
requirements are met. Failure to satisfy any of the specified
requirements nullifies the statutory authority for polygraph
test administration and may subject the employing office to
remedial actions, as provided for in section 6(c) of the
EPPA.
Sec. 1.13 Exemption of Employing Offices Authorized to
Manufacture, Distribute, or Dispense Controlled
Substances
(a) Section 7(f) of the EPPA, incorporated into the CAA by
section 225(f) of the CAA, provides an exemption from the
EPPA's general prohibition regarding the use of polygraph
tests for employers authorized to manufacture, distribute, or
dispense a controlled substance listed in schedule I, II,
III, or IV of section 202 of the Controlled Substances Act
(21 U.S.C. Sec. 812). This exemption permits the
administration of polygraph tests, subject to the conditions
set forth in sections 8 and 10 of the EPPA and Sec. 1.21,
1.22, 1.23, 1.24, 1.25, 1.26, and 1.35 of this part, to:
(1) A prospective employee who would have direct access to
the manufacture, storage,
[[Page 800]]
distribution, or sale of any such controlled substance; or
(2) A current employee if the following conditions are met:
(i) The test is administered in connection with an ongoing
investigation of criminal or other misconduct involving, or
potentially involving, loss or injury to the manufacture,
distribution, or dispensing of any such controlled substance
by such employing office; and
(ii) The employee had access to the person or property that
is the subject of the investigation.
(b)(1) The terms manufacture, distribute, distribution,
dispense, storage, and sale, for the purposes of this
exemption, are construed within the meaning of the Controlled
Substances Act (21 U.S.C. Sec. 812 et seq.), as administered
by the Drug Enforcement Administration (DEA), U.S. Department
of Justice.
(2) The exemption in section 7(f) of the EPPA applies only
to employing offices that are authorized by DEA to
manufacture, distribute, or dispense a controlled substance.
Section 202 of the Controlled Substances Act (21 U.S.C.
Sec. 812) requires every person who manufactures,
distributes, or dispenses any controlled substance to
register with the Attorney General (i.e., with DEA). Common
or contract carriers and warehouses whose possession of the
controlled substance is in the usual course of their business
or employment are not required to register. Truck drivers and
warehouse employees of the persons or entities registered
with DEA and authorized to manufacture, distribute, or
dispense controlled substances, are within the scope of the
exemption where they have direct access or access to the
controlled substances, as discussed below.
(c) In order for a polygraph examination to be performed,
section 7(f) of the Act requires that a prospective employee
have ``direct access'' to the controlled substance(s)
manufactured, dispensed, or distributed by the employing
office. Where a current employee is to be tested as a part of
an ongoing investigation, section 7(f) requires that the
employee have ``access'' to the person or property that is
the subject of the investigation.
(1) A prospective employee would have ``direct access'' if
the position being applied for has responsibilities which
include contact with or which affect the disposition of a
controlled substance, including participation in the process
of obtaining, dispensing, or otherwise distributing a
controlled substance. This includes contact or direct
involvement in the manufacture, storage, testing,
distribution, sale or dispensing of a controlled substance
and may include, for example, packaging, repackaging,
ordering, licensing, shipping, receiving, taking inventory,
providing security, prescribing, and handling of a controlled
substance. A prospective employee would have ``direct
access'' if the described job duties would give such person
access to the products in question, whether such employee
would be in physical proximity to controlled substances or
engaged in activity which would permit the employee to divert
such substances to his or her possession.
(2) A current employee would have ``access'' within the
meaning of section 7(f) if the employee had access to the
specific person or property which is the subject of the on-
going investigation, as discussed in Sec. 1.12(e) of this
part. Thus, to test a current employee, the employee need not
have had ``direct'' access to the controlled substance, but
may have had only infrequent, random, or opportunistic
access. Such access would be sufficient to test the employee
if the employee could have caused, or could have aided or
abetted in causing, the loss of the specific property which
is the subject of the investigation. For example, a
maintenance worker in a drug warehouse, whose job duties
include the cleaning of areas where the controlled substances
which are the subject of the investigation were present, but
whose job duties do not include the handling of controlled
substances, would be deemed to have ``access'', but normally
not ``direct access'', to the controlled substances. On the
other hand, a drug warehouse truck loader, whose job duties
include the handling of outgoing shipment orders which
contain controlled substances, would have ``direct access''
to such controlled substances. A pharmacy department in a
supermarket is another common situation which is useful in
illustrating the distinction between ``direct access'' and
``access.'' Store personnel receiving pharmaceutical orders,
i.e., the pharmacist, pharmacy intern, and other such
employees working in the pharmacy department, would
ordinarily have ``direct access'' to controlled substances.
Other store personnel whose job duties and responsibilities
do not include the handling of controlled substances but who
had occasion to enter the pharmacy department where the
controlled substances which are the subject of the
investigation were stored, such as maintenance personnel or
pharmacy cashiers, would have ``access.'' Certain other store
personnel whose job duties do not permit or require entrance
into the pharmacy department for any reason, such as produce
or meat clerks, checkout cashiers, or baggers, would not
ordinarily have ``access.'' However, any current employee,
regardless of described job duties, may be polygraphed if the
employing office's investigation of criminal or other
misconduct discloses that such employee in fact took action
to obtain ``access'' to the person or property that is the
subject of the investigation--e.g., by actually entering the
drug storage area in violation of company rules. In the case
of ``direct access'', the prospective employee's access to
controlled substances would be as a part of the
manufacturing, dispensing or distribution process, while a
current employee's ``access'' to the controlled substances
which are the subject of the investigation need only be
opportunistic.
(d) The term prospective employee, for the purposes of this
section, includes a current employee who presently holds a
position which does not entail direct access to controlled
substances, and therefore is outside the scope of the
exemption's provisions for preemployment polygraph testing,
provided the employee has applied for and is being considered
for transfer or promotion to another position which entails
such direct access. For example, an office secretary may
apply for promotion to a position in the vault or cage areas
of a drug warehouse, where controlled substances are kept. In
such a situation, the current employee would be deemed a
``prospective employee'' for the purposes of this exemption,
and thus could be subject to preemployment polygraph
screening, prior to such a change in position. However, any
adverse action which is based in part on a polygraph test
against a current employee who is considered a ``prospective
employee'' for purposes of this section may be taken only
with respect to the prospective position and may not affect
the employee's employment in the current position.
(e) Section 7(f) of the EPPA, as applied by the CAA, makes
no specific reference to a requirement that employing offices
provide current employees with a written statement prior to
polygraph testing. Thus, employing offices to whom this
exemption is available are not required to furnish a written
statement such as that specified in section 7(d) of the EPPA
and Sec. 1.12(a)(4) of this part.
(f) For the section 7(f) exemption to apply, the polygraph
testing of current employees must be administered in
connection with an ongoing investigation of criminal or other
misconduct involving, or potentially involving, loss or
injury to the manufacture, distribution, or dispensing of any
such controlled substance by such employing office.
(1) Current employees may only be administered polygraph
tests in connection with an ongoing investigation of criminal
or other misconduct, relating to a specific incident or
activity, or potential incident or activity. Thus, an
employing office is precluded from using the exemption in
connection with continuing investigations or on a random
basis to determine if thefts are occurring. However, unlike
the exemption in section 7(d) of the EPPA for employing
offices conducting ongoing investigations of economic loss or
injury, the section 7(f) exemption includes ongoing
investigations of misconduct involving potential drug losses.
Nor does the latter exemption include the requirement for
``reasonable suspicion'' contained in the section 7(d)
exemption. Thus, a drug store operator is permitted to
polygraph all current employees who have access to a
controlled substance stolen from the inventory, or where
there is evidence that such a theft is planned. Polygraph
testing based on an inventory shortage of the drug during a
particular accounting period would not be permitted unless
there is extrinsic evidence of misconduct.
(2) In addition, the test must be administered in
connection with loss or injury, or potential loss or injury,
to the manufacture, distribution, or dispensing of a
controlled substance.
(i) Retail drugstores and wholesale drug warehouses
typically carry inventory of so-called health and beauty
aids, cosmetics, over-the-counter drugs, and a variety of
other similar products, in addition to their product lines of
controlled drugs. The noncontrolled products usually
constitute
(ii) Polygraph testing, with respect to an ongoing
investigation concerning products other than controlled
substances might be initiated under section 7(d) of the EPPA
and Sec. 1.12 of this part. However, the exemption in section
7(f) of the EPPA and this section is limited solely to losses
or injury associated with controlled substances.
(g) Polygraph tests administered pursuant to this exemption
are subject to the limitations set forth in sections 8 and 10
of the EPPA, as discussed in Secs. 1.21, 1.22, 1.23, 1.24,
1.25, 1.26, and 1.35 of this part. As provided in these
sections, the exemption will apply only if certain
requirements are met. Failure to satisfy any of the specified
requirements nullifies the statutory authority for polygraph
test administration and may subject the employing office to
the remedies authorized in section 204 of the CAA. The
administration of such tests is also subject to collective
bargaining agreements, which may either prohibit lie detector
tests, or contain more restrictive provisions with respect to
polygraph testing.
Subpart C--Restrictions on polygraph usage under exemptions
Sec. 1.20 Adverse employment action under ongoing
investigation exemption.
(a) Section 8(a)(1) of the EPPA provides that the limited
exemption in section 7(d) of the EPPA and Sec. 1.12 of this
part for ongoing investigations shall not apply if an
employing office discharges, disciplines, denies employment
or promotion or otherwise discriminates in any manner against
a current employee based upon the analysis of a polygraph
test chart or the refusal to take a polygraph test, without
additional supporting evidence.
(b) ``Additional supporting evidence'', for purposes of
section 8(a) of the EPPA, includes, but is not limited to,
the following:
(1)(i) Evidence indicating that the employee had access to
the missing or damaged
[[Page 801]]
property that is the subject of an ongoing investigation; and
(ii) Evidence leading to the employing office's reasonable
suspicion that the employee was involved in the incident or
activity under investigation; or
(2) Admissions or statements made by an employee before,
during or following a polygraph examination.
(c) Analysis of a polygraph test chart or refusal to take a
polygraph test may not serve as a basis for adverse
employment action, even with additional supporting evidence,
unless the employing office observes all the requirements of
sections 7(d) and 8(b) of the EPPA, as applied by the CAA and
described in Secs. 1.12, 1.22, 1.23, 1.24 and 1.25 of this
part.
Sec. 1.21 Adverse employment action under controlled
substance exemption.
(a) Section 8(a)(2) of the EPPA provides that the
controlled substance exemption in section 7(f) of the EPPA
and section 1.13 of this part shall not apply if an employing
office discharges, disciplines, denies employment or
promotion, or otherwise discriminates in any manner against a
current employee or prospective employee based solely on the
analysis of a polygraph test chart or the refusal to take a
polygraph test.
(b) Analysis of a polygraph test chart or refusal to take a
polygraph test may serve as one basis for adverse employment
actions of the type described in paragraph (a) of this
section, provided that the adverse action was also based on
another bona fide reason, with supporting evidence therefor.
For example, traditional factors such as prior employment
experience, education, job performance, etc. may be used as a
basis for employment decisions. Employment decisions based on
admissions or statements made by an employee or prospective
employee before, during or following a polygraph examination
may, likewise, serve as a basis for such decisions.
(c) Analysis of a polygraph test chart or the refusal to
take a polygraph test may not serve as a basis for adverse
employment action, even with another legitimate basis for
such action, unless the employing office observes all the
requirements of section 7(f) of the EPPA, as appropriate, and
section 8(b) of the EPPA, as described in sections 1.13,
1.22, 1.23, 1.24 and 1.25 of this part.
Sec. 1.22 Rights of examinee--general.
(a) Pursuant to section 8(b) of the EPPA, the limited
exemption in section 7(d) of the EPPA for ongoing
investigations (described in Secs. 1.12 and 1.13 of this
part) shall not apply unless all of the requirements set
forth in this section and Secs. 1.23 through 1.25 of this
part are met.
(b) During all phases of the polygraph testing the person
being examined has the following rights:
(1) The examinee may terminate the test at any time.
(2) The examinee may not be asked any questions in a
degrading or unnecessarily intrusive manner.
(3) The examinee may not be asked any questions dealing
with:
(i) Religious beliefs or affiliations;
(ii) Beliefs or opinions regarding racial matters;
(iii) Political beliefs or affiliations;
(iv) Sexual preferences or behavior; or
(v) Beliefs, affiliations, opinions, or lawful activities
concerning unions or labor organizations.
(4) The examinee may not be subjected to a test when there
is sufficient written evidence by a physician that the
examinee is suffering from any medical or psychological
condition or undergoing any treatment that might cause
abnormal responses during the actual testing phase.
``Sufficient written evidence'' shall constitute, at a
minimum, a statement by a physician specifically describing
the examinee's medical or psychological condition or
treatment and the basis for the physician's opinion that the
condition or treatment might result in such abnormal
responses.
(5) An employee or prospective employee who exercises the
right to terminate the test, or who for medical reasons with
sufficient supporting evidence is not administered the test,
shall be subject to adverse employment action only on the
same basis as one who refuses to take a polygraph test, as
described in Secs. 1.20 and 1.21 of this part.
(c) Any polygraph examination shall consist of one or more
pretest phases, actual testing phases, and post-test phases,
which must be conducted in accordance with the rights of
examinees described in Secs. 1.23 through 1.25 of this part.
Sec. 1.23 Rights of examinee--pretest phase.
(a) The pretest phase consists of the questioning and other
preparation of the prospective examinee before the actual use
of the polygraph instrument. During the initial pretest
phase, the examinee must be:
(1) Provided with written notice, in a language understood
by the examinee, as to when and where the examination will
take place and that the examinee has the right to consult
with counsel or an employee representative before each phase
of the test. Such notice shall be received by the examinee at
least forty-eight hours, excluding weekend days and holidays,
before the time of the examination, except that a prospective
employee may, at the employee's option, give written consent
to administration of a test anytime within 48 hours but no
earlier than 24 hours after receipt of the written notice.
The written notice or proof of service must set forth the
time and date of receipt by the employee or prospective
employee and be verified by his or her signature. The purpose
of this requirement is to provide a sufficient opportunity
prior to the examination for the examinee to consult with
counsel or an employee representative. Provision shall also
be made for a convenient place on the premises where the
examination will take place at which the examinee may consult
privately with an attorney or an employee representative
before each phase of the test. The attorney or representative
may be excluded from the room where the examination is
administered during the actual testing phase.
(2) Informed orally and in writing of the nature and
characteristics of the polygraph instrument and examination,
including an explanation of the physical operation of the
polygraph instrument and the procedure used during the
examination.
(3) Provided with a written notice prior to the testing
phase, in a language understood by the examinee, which shall
be read to and signed by the examinee. Use of Appendix A to
this part, if properly completed, will constitute compliance
with the contents of the notice requirement of this
paragraph. If a format other than in Appendix A is used, it
must contain at least the following information:
(i) Whether or not the polygraph examination area contains
a two-way mirror, a camera, or other device through which the
examinee may be observed;
(ii) Whether or not any other device, such as those used in
conversation or recording will be used during the
examination;
(iii) That both the examinee and the employing office have
the right, with the other's knowledge, to make a recording of
the entire examination;
(iv) That the examinee has the right to terminate the test
at any time;
(v) That the examinee has the right, and will be given the
opportunity, to review all questions to be asked during the
test;
(vi) That the examinee may not be asked questions in a
manner which degrades, or needlessly intrudes;
(vii) That the examinee may not be asked any questions
concerning religious beliefs or opinions; beliefs regarding
racial matters; political beliefs or affiliations; matters
relating to sexual behavior; beliefs, affiliations, opinions,
or lawful activities regarding unions or labor organizations;
(viii) That the test may not be conducted if there is
sufficient written evidence by a physician that the examinee
is suffering from a medical or psychological condition or
undergoing treatment that might cause abnormal responses
during the examination;
(ix) That the test is not and cannot be required as a
condition of employment;
(x) That the employing office may not discharge, dismiss,
discipline, deny employment or promotion, or otherwise
discriminate against the examinee based on the analysis of a
polygraph test, or based on the examinee's refusal to take
such a test, without additional evidence which would support
such action;
(xi)(A) In connection with an ongoing investigation, that
the additional evidence required for the employing office to
take adverse action against the examinee, including
(B) That any statement made by the examinee before or
during the test may serve as additional supporting evidence
for an adverse employment action, as described in paragraph
(a)(3)(x) of this section, and that any admission of criminal
conduct by the examinee may be transmitted to an appropriate
government law enforcement agency;
(xii) That information acquired from a polygraph test may
be disclosed by the examiner or by the employing office only:
(A) To the examinee or any other person specifically
designated in writing by the examinee to receive such
information;
(B) To the employing office that requested the test;
(C) To a court, governmental agency, arbitrator, or
mediator pursuant to a court order;
(D) By the employing office, to an appropriate governmental
agency without a court order where, and only insofar as, the
information disclosed is an admission of criminal conduct;
(xiii) That if any of the examinee's rights or protections
under the law are violated, the examinee has the right to
take action against the employing office under sections 401-
404 of the CAA. Employing offices that violate this law are
liable to the affected examinee, who may recover such legal
or equitable relief as may be appropriate, including, but not
limited to, employment, reinstatement, and promotion, payment
of lost wages and benefits, and reasonable costs, including
attorney's fees;
(xiv) That the examinee has the right to obtain and consult
with legal counsel or other representative before each phase
of the test, although the legal counsel or representative may
be excluded from the room where the test is administered
during the actual testing phase.
(xv) That the employee's rights under the CAA may not be
waived, either voluntarily or involuntarily, by contract or
otherwise, except as part of a written settlement to a
pending action or complaint under the CAA, agreed to and
signed by the parties.
(b) During the initial or any subsequent pretest phases,
the examinee must be given the opportunity, prior to the
actual testing phase, to review all questions in writing that
the examiner will ask during each testing phase. Such
questions may be presented at any point in time prior to the
testing phase.
Sec. 1.24 Rights of examinee--actual testing phase
(a) The actual testing phase refers to that time during
which the examiner administers
[[Page 802]]
the examination by using a polygraph instrument with respect
to the examinee and then analyzes the charts derived from the
test. Throughout the actual testing phase, the examiner shall
not ask any question that was not presented in writing for
review prior to the testing phase. An examiner may, however,
recess the testing phase and return to the pre-test phase to
review additional relevant questions with the examinee. In
the case of an ongoing investigation, the examiner shall
ensure that all relevant questions (as distinguished from
technical baseline questions) pertain to the investigation.
(b) No testing period subject to the provisions of the Act
shall be less than ninety minutes in length. Such ``test
period'' begins at the time that the examiner begins
informing the examinee of the nature and characteristics of
the examination and the instruments involved, as prescribed
in section 8(b)(2)(B) of the EPPA and Sec. 1.23(a)(2) of this
part, and ends when the examiner completes the review of the
test results with the examinee as provided in Sec. 1.25 of
this part. The ninety-minute minimum duration shall not apply
if the examinee voluntarily acts to terminate the test before
the completion thereof, in which event the examiner may not
render an opinion regarding the employee's truthfulness.
Sec. 1.25 Rights of examinee--post-test phase
(a) The post-test phase refers to any questioning or other
communication with the examinee following the use of the
polygraph instrument, including review of the results of the
test with the examinee. Before any adverse employment action,
the employing office must:
(1) Further interview the examinee on the basis of the test
results; and
(2) Give to the examinee a written copy of any opinions or
conclusions rendered in response to the test, as well as the
questions asked during the test, with the corresponding
charted responses. The term ``corresponding charted
responses'' refers to copies of the entire examination charts
recording the employee's physiological responses, and not
just the examiner's written report which describes the
examinee's responses to the questions as ``charted'' by the
instrument.
Sec. 1.26 Qualifications of and requirements for examiners
(a) Section 8 (b) and (c) of the EPPA provides that the
limited exemption in section 7(d) of the EPPA for ongoing
investigations shall not apply unless the person conducting
the polygraph examination meets specified qualifications and
requirements.
(b) An examiner must meet the following qualifications:
(1) Have a valid current license, if required by the State
in which the test is to be conducted; and
(2) Carry a minimum bond of $50,000 provided by a surety
incorporated under the laws of the United States or of any
State, which may under those laws guarantee the fidelity of
persons holding positions of trust, or carry an equivalent
amount of professional liability coverage.
(c) An examiner must also, with respect to examinees
identified by the employing office pursuant to Sec. 1.30(c)
of this part:
(1) Observe all rights of examinees, as set out in Secs.
1.22, 1.23, 1.24, and 1.25 of this part;
(2) Administer no more than five polygraph examinations in
any one calendar day on which a test or tests subject to the
provisions of EPPA are administered, not counting those
instances where an examinee voluntarily terminates an
examination prior to the actual testing phase;
(3) Administer no polygraph examination subject to the
provisions of the EPPA which is less than ninety minutes in
duration, as described in Sec. 1.24(b) of this part; and
(4) Render any opinion or conclusion regarding truthfulness
or deception in writing. Such opinion or conclusion must be
based solely on the polygraph test results. The written
report shall not contain any information other than
admissions, information, case facts, and interpretation of
the charts relevant to the stated purpose of the polygraph
test and shall not include any recommendation concerning the
employment of the examinee.
(5) Maintain all opinions, reports, charts, written
questions, lists, and other records relating to the test,
including, statements signed by examinees advising them of
rights under the CAA (as described in section 1.23(a)(3) of
this part) and any electronic recordings of examinations, for
at least three years from the date of the administration of
the test. (See section 1.30 of this part for recordkeeping
requirements.)
Subpart D--Recordkeeping and disclosure requirements
Sec. 1.30 Records to be preserved for 3 years
(a) The following records shall be kept for a minimum
period of three years from the date the polygraph examination
is conducted (or from the date the examination is requested
if no examination is conducted):
(1) Each employing office that requests an employee to
submit to a polygraph examination in connection with an
ongoing investigation involving economic loss or injury shall
retain a copy of the statement that sets forth the specific
incident or activity under investigation and the basis for
testing that particular covered employee, as required by
section 7(d)(4) of the EPPA and described in 1.12(a)(4) of
this part.
(2) Each examiner retained to administer examinations
pursuant to any of the exemptions under section 7(d), (e) or
(f) of the EPPA (described in sections 1.12 and 1.13 of this
part) shall maintain all opinions, reports, charts, written
questions, lists, and other records relating to polygraph
tests of such persons.
Sec. 1.35 Disclosure of test information
This section prohibits the unauthorized disclosure of any
information obtained during a polygraph test by any person,
other than the examinee, directly or indirectly, except as
follows:
(a) A polygraph examiner or an employing office (other than
an employing office exempt under section 7 (a), or (b) of the
EPPA (described in Secs. 1.10 and 1.11 of this part)) may
disclose information acquired from a polygraph test only to:
(1) The examinee or an individual specifically designated
in writing by the examinee to receive such information;
(2) The employing office that requested the polygraph test
pursuant to the provisions of the EPPA (including management
personnel of the employing office where the disclosure is
relevant to the carrying out of their job responsibilities);
(3) Any court, governmental agency, arbitrator, or mediator
pursuant to an order from a court of competent jurisdiction
requiring the production of such information;
(b) An employing office may disclose information from the
polygraph test at any time to an appropriate governmental
agency without the need of a court order where, and only
insofar as, the information disclosed is an admission of
criminal conduct.
(c) A polygraph examiner may disclose test charts, without
identifying information (but not other examination materials
and records), to another examiner(s) for examination and
analysis, provided that such disclosure is for the sole
purpose of consultation and review of the initial examiner's
opinion concerning the indications of truthfulness or
deception. Such action would not constitute disclosure under
this part provided that the other examiner has no direct or
indirect interest in the matter.
Subpart E--Duration of Interim Regulations
Sec. 1.40 [Reserved]
Appendix A to Part 801--Notice to Examinee
Section 204 of the Congressional Accountability Act, which
applies the rights and protections of section 8(b) of the
Employee Polygraph Protection Act to covered employees and
employing offices, and the regulations of the Board of
Directors of the Office of Compliance (Sections 1.22, 1.23,
1.24, and 1.25), require that you be given the following
information before taking a polygraph examination:
1. (a) The polygraph examination area [does] [does not]
contain a two-way mirror, a camera, or other device through
which you may be observed.
(b) Another device, such as those used in conversation or
recording, [will] [will not] be used during the examination.
(c) Both you and the employing office have the right, with
the other's knowledge, to record electronically the entire
examination.
2. (a) You have the right to terminate the test at any
time.
(b) You have the right, and will be given the opportunity,
to review all questions to be asked during the test.
(c) You may not be asked questions in a manner which
degrades, or needlessly intrudes.
(d) You may not be asked any questions concerning:
Religious beliefs or opinions; beliefs regarding racial
matters; political beliefs or affiliations; matters relating
to sexual preference or behavior; beliefs, affiliations,
opinions, or lawful activities regarding unions or labor
organizations.
(e) The test may not be conducted if there is sufficient
written evidence by a physician that you are suffering from a
medical or psychological condition or undergoing treatment
that might cause abnormal responses during the examination.
(f) You have the right to consult with legal counsel or
other representative before each phase of the test, although
the legal counsel or other representative may be excluded
from the room where the test is administered during the
actual testing phase.
3. (a) The test is not and cannot be required as a
condition of employment.
(b) The employing office may not discharge, dismiss,
discipline, deny employment or promotion, or otherwise
discriminate against you based on the analysis of a polygraph
test, or based on your refusal to take such a test without
additional evidence which would support such action.
(c)(1) In connection with an ongoing investigation, the
additional evidence required for an employing office to take
adverse action against you, including termination, may be (A)
evidence that you had access to the property that is the
subject of the investigation, together with (B) the evidence
supporting the employing office's reasonable suspicion that
you were involved in the incident or activity under
investigation.
(2) Any statement made by you before or during the test may
serve as additional supporting evidence for an adverse
employment action, as described in 3(b) above, and any
admission of criminal conduct by you may be transmitted to an
appropriate government law enforcement agency.
4. (a) Information acquired from a polygraph test may be
disclosed by the examiner or by the employing office only:
(1) To you or any other person specifically designated in
writing by you to receive such information;
(2) To the employing office that requested the test;
[[Page 803]]
(3) To a court, governmental agency, arbitrator, or
mediator that obtains a court order.
(b) Information acquired from a polygraph test may be
disclosed by the employing office to an appropriate
governmental agency without a court order where, and only
insofar as, the information disclosed is an admission of
criminal conduct.
5. If any of your rights or protections under the law are
violated, you have the right to take action against the
employing office by filing a request for counseling with the
Office of Compliance under section 402 of the Congressional
Accountability Act. Employing offices that violate this law
are liable to the affected examinee, who may recover such
legal or equitable relief as may be appropriate, including,
but not limited to, employment, reinstatement, and promotion,
payment of lost wages and benefits, and reasonable costs,
including attorney's fees.
6. Your rights under the CAA may not be waived, either
voluntarily or involuntarily, by contract or otherwise,
except as part of a written settlement to a pending action or
complaint under the CAA, and agreed to and signed by the
parties.
I acknowledge that I have received a copy of the above
notice, and that it has been read to me.
________________________________________
(Date)
________________________________________
(Signature)
Application of Rights and Protections of the Worker Adjustment
Retraining and Notification Act of 1988 (Implementing Section 204 of
the CAA)
Sec.
639.1 Purpose and scope.
639.2 What does WARN require?
639.3 Definitions.
639.4 Who must give notice?
639.5 When must notice be given?
639.6 Who must receive notice?
639.7 What must the notice contain?
639.8 How is the notice served?
639.9 When may notice be given less than 60 days in advance?
639.10 When may notice be extended?
639.11 [Reserved]
Sec. 639.1 Purpose and scope
(a) Purpose of WARN as applied by the CAA. Section 205 of
the Congressional Accountability Act, P.L. 104-1 (``CAA''),
provides protection to covered employees and their families
by requiring employing offices to provide notification 60
calendar days in advance of office closings and mass layoffs
within the meaning of section 3 of the Worker Adjustment and
Retraining Notification Act of 1988, 29 U.S.C. Sec. 2102.
Advance notice provides workers and their families some
transition time to adjust to the prospective loss of
employment, to seek and obtain alternative jobs and, if
necessary, to enter skill training or retraining that will
allow these workers to successfully compete in the job
market. As used in these regulations. WARN shall refer to the
provisions of WARN applied to covered employing offices by
section 305 of the CAA
(b) Scope of these regulations. These regulations are
issued by the Board of Directors, Office of Compliance,
pursuant to sections 205(c) and 304 of the CAA, which directs
the Board to promulgate regulations implementing section 205
that are ``the same as substantive regulations promulgated by
the Secretary of Labor to implement the statutory provisions
referred to in subsection (a) [of section 205 of the CAA]
except insofar as the Board may determine, for good cause
shown . . . that a modification of such regulations would be
more effective for the implementation of the rights and
protections under this section.'' The regulations issued by
the Board herein are on all matters for which section 205 of
the CAA requires a regulation to be issued. Specifically, it
is the Board's considered judgment, based on the information
available to it at the time of promulgation of these
regulations, that, with the exception of regulations adopted
and set forth herein, there are no other ``substantive
regulations promulgated by the Secretary of Labor to
implement the statutory provisions referred to in subsection
(a) [of section 205 of the CAA].''
In promulgating these regulations, the Board has made
certain technical and nomenclature changes to the regulations
as promulgated by the Secretary. Such changes are intended to
make the provisions adopted accord more naturally to
situations in the legislative branch. However, by making
these changes, the Board does not intend a substantive
difference between these sections and those of the Secretary
from which they are derived. Moreover, such changes, in and
of themselves, are not intended to constitute an
interpretation of the regulation or of the statutory
provisions of the CAA upon which they are based.
These regulations establish basic definitions and rules for
giving notice, implementing the provisions of WARN. The
objective of these regulations is to establish clear
principles and broad guidelines which can be applied in
specific circumstances. However, it is recognized that
rulemaking cannot address the multitude of employing office-
specific situations in which advance notice will be given.
(c) Notice in ambiguous situations. It is civically
desirable and it would appear to be good business practice
for an employing office to provide advance notice, where
reasonably possible, to its workers or unions when
terminating a significant number of employees. The Office
encourages employing offices to give notice in such
circumstances.
(d) WARN not to supersede other laws and contracts. The
provisions of WARN do not supersede any otherwise applicable
laws or collective bargaining agreements that provide for
additional notice or additional rights and remedies. If such
law or agreement provides for a longer notice period, WARN
notice shall run concurrently with that additional notice
period. Collective bargaining agreements may be used to
clarify or amplify the terms and conditions of WARN, but may
not reduce WARN rights.
Sec. 639.2 What does WARN require?
WARN requires employing offices that are planning an office
closing or a mass layoff to give affected employees at least
60 days' notice of such an employment action. While the 60-
day period is the minimum for advance notice, this provision
is not intended to discourage employing offices from
voluntarily providing longer periods of advance notice. Not
all office closings and layoffs are subject to WARN, and
certain employment thresholds must be reached before WARN
applies. WARN sets out specific exemptions, and provides for
a reduction in the notification period in particular
circumstances. Remedies authorized under section 205 of the
CAA may be assessed against employing offices that violate
WARN requirements.
Sec. 639.3 Definitions
(a) Employing office. (1) The term ``employing office''
means any of the entities listed in section 101(9) of the
CAA, 2 U.S.C. Sec. 1301(9) that employs--
(i) 100 or more employees, excluding part-time employees;
or
(ii) employs 100 or more employees, including part-time
employees, who in the aggregate work at least 4,000 hours per
week, exclusive of overtime.
Workers on temporary layoff or on leave who have a reasonable
expectation of recall are counted as employees. An employee
has a ``reasonable expectation of recall'' when he/she
understands, through notification or through common practice,
that his/her employment with the employing office has been
temporarily interrupted and that he/she will be recalled to
the same or to a similar job.
(2) Workers, other than part-time workers, who are exempt
from notice under section 4 of WARN, are nonetheless counted
as employees for purposes of determining coverage as an
employing office.
(3) An employing office may have one or more sites of
employment under common control.
(b) Office closing. The term ``office closing'' means the
permanent or temporary shutdown of a ``single site of
employment'', or one or more ``facilities or operating
units'' within a single site of employment, if the shutdown
results in an ``employment loss'' during any 30-day period at
the single site of employment for 50 or more employees,
excluding any part-time employees. An employment action that
results in the effective cessation of the work performed by a
unit, even if a few employees remain, is a shutdown. A
``temporary shutdown'' triggers the notice requirement only
if there are a sufficient number of terminations, layoffs
exceeding 6 months, or reductions in hours of work as
specified under the definition of ``employment loss.''
(c) Mass layoff. (1) The term ``mass layoff'' means a
reduction in force which first, is not the result of an
office closing, and second, results in an employment loss at
the single site of employment during any 30-day period for:
(i) At least 33 percent of the active employees, excluding
part-time employees, and
(ii) At least 50 employees, excluding part-time employees.
Where 500 or more employees (excluding part-time employees)
are affected, the 33% requirement does not apply, and notice
is required if the other criteria are met. Office closings
involve employment loss which results from the shutdown of
one or more distinct units within a single site or the entire
site. A mass layoff involves employment loss, regardless of
whether one or more units are shut down at the site.
(2) Workers, other than part-time workers, who are exempt
from notice under section 4 of WARN are nonetheless counted
as employees for purposes of determining coverage as an
office closing or mass layoff. For example, if an employing
office closes a temporary project on which 10 permanent and
40 temporary workers are employed, a covered office closing
has occurred although only 10 workers are entitled to notice.
(d) Representative. The term ``representative'' means an
exclusive representative of employees within the meaning of 5
U.S.C. Sec. Sec. 7101 et seq., as applied to covered
employees and employing offices by section 220 of the CAA, 2
U.S.C. Sec. 1351.
(e) Affected employees. The term ``affected employees''
means employees who may reasonably be expected to experience
an employment loss as a consequence of a proposed office
closing or mass layoff by their employing office. This
includes individually identifiable employees who will likely
lose their jobs because of bumping rights or other factors,
to the extent that such individual workers reasonably can be
identified at the time notice is required to be given. The
term affected employees includes managerial and supervisory
employees. Consultant or contract employees who have a
separate employment relationship with another employing
office or employer and are paid by that other employing
office or employer, or who
[[Page 804]]
are self-employed, are not ``affected employees'' of the
operations to which they are assigned. In addition, for
purposes of determining whether coverage thresholds are met,
either incumbent workers in jobs being eliminated or, if
known 60 days in advance, the actual employees who suffer an
employment loss may be counted.
(f) Employment loss. (1) The term employment loss means (i)
an employment termination, other than a discharge for cause,
voluntary departure, or retirement, (ii) a layoff exceeding 6
months, or (iii) a reduction in hours of work of individual
employees of more than 50% during each month of any 6-month
period.
(2) Where a termination or a layoff (see paragraphs (f)(1)
(i) and (ii) of this section) is involved, an employment loss
does not occur when an employee is reassigned or transferred
to employing office-sponsored programs, such as retraining or
job search activities, as long as the reassignment does not
constitute a constructive discharge or other involuntary
termination.
(3) An employee is not considered to have experienced an
employment loss if the closing or layoff is the result of the
relocation or consolidation of part or all of the employing
office's operations and, prior to the closing or layoff--
(i) The employing office offers to transfer the employee to
a different site of employment within a reasonable commuting
distance with no more than a 6-month break in employment, or
(ii) The employing office offers to transfer the employee
to any other site of employment regardless of distance with
no more than a 6-month break in employment, and the employee
accepts within 30 days of the offer or of the closing or
layoff, whichever is later.
(4) A ``relocation or consolidation'' of part or all of an
employing office's operations, for purposes of paragraph
Sec. 639.3(f)(3), means that some definable operations are
transferred to a different site of employment and that
transfer results in an office closing or mass layoff.
(g) Part-time employee. The term ``part-time'' employee
means an employee who is employed for an average of fewer
than 20 hours per week or who has been employed for fewer
than 6 of the 12 months preceding the date on which notice is
required, including workers who work full-time. This term may
include workers who would traditionally be understood as
``seasonal'' employees. The period to be used for calculating
whether a worker has worked ``an average of fewer than 20
hours per week'' is the shorter of the actual time the worker
has been employed or the most recent 90 days.
(h) Single site of employment. (1) A single site of
employment can refer to either a single location or a group
of contiguous locations. Separate facilities across the
street from one another may be considered a single site of
employment.
(2) There may be several single sites of employment within
a single building, such as an office building, if separate
employing offices conduct activities within such a building.
For example, an office building housing 50 different
employing offices will contain 50 single sites of employment.
The offices of each employing office will be its single site
of employment.
(3) Separate buildings or areas which are not directly
connected or in immediate proximity may be considered a
single site of employment if they are in reasonable
geographic proximity, used for the same purpose, and share
the same staff and equipment.
(4) Non-contiguous sites in the same geographic area which
do not share the same staff or operational purpose should not
be considered a single site.
(5) Contiguous buildings operated by the same employing
office which have separate management and have separate
workforces are considered separate single sites of
employment.
(6) For workers whose primary duties require travel from
point to point, who are outstationed, or whose primary duties
involve work outside any of the employing office's regular
employment sites (e.g., railroad workers, bus drivers,
salespersons), the single site of employment to which they
are assigned as their home base, from which their work is
assigned, or to which they report will be the single site in
which they are covered for WARN purposes.
(7) Foreign sites of employment are not covered under WARN.
U.S. workers at such sites are counted to determine whether
an employing office is covered as an employing office under
Sec. 639.3(a).
(8) The term ``single site of employment'' may also apply
to truly unusual organizational situations where the above
criteria do not reasonably apply. The application of this
definition with the intent to evade the purpose of WARN to
provide notice is not acceptable.
(i) Facility or operating unit. The term ``facility''
refers to a building or buildings. The term ``operating
unit'' refers to an organizationally or operationally
distinct product, operation, or specific work function within
or across facilities at the single site.
Sec. 639.4 Who must give notice?
Section 205(a)(1) of the CAA states that ``[n]o employing
office shall be closed or a mass layoff ordered within the
meaning of section 3 of [WARN] until the end of a 60-day
period after the employing office serves written notice of
such prospective closing or layoff. . .'' Therefore, an
employing office that is anticipating carrying out an office
closing or mass layoff is required to give notice to affected
employees or their representa- tive(s). (See definitions in
Sec. 639.3 of this part.).
(a) It is the responsibility of the employing office to
decide the most appropriate person within the employing
office's organization to prepare and deliver the notice to
affected employees or their representative(s). In most
instances, this may be the local site office manager, the
local personnel director or a labor relations officer.
(b) An employing office that has previously announced and
carried out a short-term layoff (6 months or less) which is
being extended beyond 6 months due to circumstances not
reasonably foreseeable at the time of the initial layoff is
required to give notice when it becomes reasonably
foreseeable that the extension is required. A layoff
extending beyond 6 months from the date the layoff commenced
for any other reason shall be treated as an employment loss
from the date of its commencement.
(c) In the case of the privatization or sale of part or all
of an employing office's operations, the employing office is
responsible for providing notice of any office closing or
mass layoff which takes place up to and including the
effective date (time) of the privatization or sale, and the
contractor or buyer is responsible for providing any required
notice of any office closing or mass layoff that takes place
thereafter.
(1) If the employing office is made aware of any definite
plans on the part of the buyer or contractor to carry out an
office closing or mass layoff within 60 days of purchase, the
employing office may give notice to affected employees as an
agent of the buyer or contractor, if so empowered. If the
employing office does not give notice, the buyer or
contractor is, nevertheless, responsible to give notice. If
the employing office gives notice as the agent of the buyer
or contractor, the responsibility for notice still remains
with the buyer or contractor.
(2) It may be prudent for the buyer or contractor and
employing office to determine the impacts of the
privatization or sale on workers, and to arrange between them
for advance notice to be given to affected employees or their
representative(s), if a mass layoff or office closing is
planned.
Sec. 639.5 When must notice be given?
(a) General rule. (1) With certain exceptions discussed in
paragraphs (b) and (c) of this section and in Sec. 639.9 of
this part, notice must be given at least 60 calendar days
prior to any planned office closing or mass layoff, as
defined in these regulations. When all employees are not
terminated on the same date, the date of the first individual
termination within the statutory 30-day or 90-day period
triggers the 60-day notice requirement. A worker's last day
of employment is considered the date of that worker's layoff.
The first and each subsequent group of terminees are entitled
to a full 60 days' notice. In order for an employing office
to decide whether issuing notice is required, the employing
office should--
(i) Look ahead 30 days and behind 30 days to determine
whether employment actions both taken and planned will, in
the aggregate for any 30-day period, reach the minimum
numbers for an office closing or a mass layoff and thus
trigger the notice requirement; and
(ii) Look ahead 90 days and behind 90 days to determine
whether employment actions both taken and planned each of
which separately is not of sufficient size to trigger WARN
coverage will, in the aggregate for any 90-day period, reach
the minimum numbers for an office closing or a mass layoff
and thus trigger the notice requirement. An employing office
is not, however, required under section 3(d) to give notice
if the employing office demonstrates that the separate
employment losses are the result of separate and distinct
actions and causes, and are not an attempt to evade the
requirements of WARN.
(2) The point in time at which the number of employees is
to be measured for the purpose of determining coverage is the
date the first notice is required to be given. If this
``snapshot'' of the number of employees employed on that date
is clearly unrepresentative of the ordinary or average
employment level, then a more representative number can be
used to determine coverage. Examples of unrepresentative
employment levels include cases when the level is near the
peak or trough of an employment cycle or when large upward or
downward shifts in the number of employees occur around the
time notice is to be given. A more representative number may
be an average number of employees over a recent period of
time or the number of employees on an alternative date which
is more representative of normal employment levels.
Alternative methods cannot be used to evade the purpose of
WARN, and should only be used in unusual circumstances.
(b) Transfers. (1) Notice is not required in certain cases
involving transfers, as described under the definition of
``employment loss'' at Sec. 639.3(f) of this part.
(2) An offer of reassignment to a different site of
employment should not be deemed to be a ``transfer'' if the
new job constitutes a constructive discharge.
(3) The meaning of the term ``reasonable commuting
distance'' will vary with local conditions. In determining
what is a ``reasonable commuting distance,'' consideration
should be given to the following factors: geographic
accessibility of the place of work, the quality of the roads,
customarily available transportation, and the usual travel
time.
[[Page 805]]
(4) In cases where the transfer is beyond reasonable
commuting distance, the employing office may become liable
for failure to give notice if an offer to transfer is not
accepted within 30 days of the offer or of the closing or
layoff (whichever is later). Depending upon when the offer of
transfer was made by the employing office, the normal 60-day
notice period may have expired and the office closing or mass
layoff may have occurred. An employing office is, therefore,
well advised to provide 60-day advance notice as part of the
transfer offer.
(c) Temporary employment. (1) No notice is required if the
closing is of a temporary facility, or if the closing or
layoff is the result of the completion of a particular
project or undertaking, and the affected employees were hired
with the understanding that their employment was limited to
the duration of the facility or the project or undertaking.
(2) Employees must clearly understand at the time of hire
that their employment is temporary. When such understandings
exist will be determined by reference to employment
contracts, collective bargaining agreements, or employment
practices of other employing offices or a locality, but the
burden of proof will lie with the employing office to show
that the temporary nature of the project or facility was
clearly communicated should questions arise regarding the
temporary employment understandings.
Sec. 639.6 Who must receive notice?
Section 3(a) of WARN provides for notice to each
representative of the affected employees as of the time
notice is required to be given or, if there is no such
representative at that time, to each affected employee.
(a) Representative(s) of affected employees. Written notice
is to be served upon the chief elected officer of the
exclusive representative(s) or bargaining agent(s) of
affected employees at the time of the notice. If this person
is not the same as the officer of the local union(s)
representing affected employees, it is recommended that a
copy also be given to the local union official(s).
(b) Affected employees. Notice is required to be given to
employees who may reasonably be expected to experience an
employment loss. This includes employees who will likely lose
their jobs because of bumping rights or other factors, to the
extent that such workers can be identified at the time notice
is required to be given. If, at the time notice is required
to be given, the employing office cannot identify the
employee who may reasonably be expected to experience an
employment loss due to the elimination of a particular
position, the employing office must provide notice to the
incumbent in that position. While part-time employees are not
counted in determining whether office closing or mass layoff
thresholds are reached, such workers are due notice.
Sec. 639.7 What must the notice contain?
(a) Notice must be specific. (1) All notice must be
specific.
(2) Where voluntary notice has been given more than 60 days
in advance, but does not contain all of the required elements
set out in this section, the employing office must ensure
that all of the information required by this section is
provided in writing to the parties listed in Sec. 639.6 at
least 60 days in advance of a covered employment action.
(3) Notice may be given conditional upon the occurrence or
nonoccurrence of an event only when the event is definite and
the consequences of its occurrence or nonoccurrence will
necessarily, in the normal course of operations, lead to a
covered office closing or mass layoff less than 60 days after
the event. The notice must contain each of the elements set
out in this section.
(4) The information provided in the notice shall be based
on the best information available to the employing office at
the time the notice is served. It is not the intent of the
regulations that errors in the information provided in a
notice that occur because events subsequently change or that
are minor, inadvertent errors are to be the basis for finding
a violation of WARN.
(b) As used in this section, the term ``date'' refers to a
specific date or to a 14-day period during which a separation
or separations are expected to occur. If separations are
planned according to a schedule, the schedule should indicate
the specific dates on which or the beginning date of each 14-
day period during which any separations are expected to
occur. Where a 14-day period is used, notice must be given at
least 60 days in advance of the first day of the period.
(c) Notice to each representative of affected employees is
to contain:
(1) The name and address of the employment site where the
office closing or mass layoff will occur, and the name and
telephone number of an employing office official to contact
for further information;
(2) A statement as to whether the planned action is
expected to be permanent or temporary and, if the entire
office is to be closed, a statement to that effect;
(3) The expected date of the first separation and the
anticipated schedule for making separations;
(4) The job titles of positions to be affected and the
names of the workers currently holding affected jobs.
The notice may include additional information useful to the
employees such as information on available dislocated worker
assistance, and, if the planned action is expected to be
temporary, the estimated duration, if known.
(d) Notice to each affected employee who does not have a
representative is to be written in language understandable to
the employees and is to contain:
(1) A statement as to whether the planned action is
expected to be permanent or temporary and, if the entire
office is to be closed, a statement to that effect;
(2) The expected date when the office closing or mass
layoff will commence and the expected date when the
individual employee will be separated;
(3) An indication whether or not bumping rights exist;
(4) The name and telephone number of an employing office
official to contact for further information.
The notice may include additional information useful to the
employees such as information on available dislocated worker
assistance, and, if the planned action is expected to be
temporary, the estimated duration, if known.
Sec. 639.8 How is the notice served?
Any reasonable method of delivery to the parties listed
under Sec. 639.6 of this part which is designed to ensure
receipt of notice of at least 60 days before separation is
acceptable (e.g., first class mail, personal delivery with
optional signed receipt). In the case of notification
directly to affected employees, insertion of notice into pay
envelopes is another viable option. A ticketed notice, i.e.,
preprinted notice regularly included in each employee's pay
check or pay envelope, does not meet the requirements of
WARN.
Sec. 639.9 When may notice be given less than 60 days in
advance?
Section 3(b) of WARN, as applied by section 205 of the CAA,
sets forth two conditions under which the notification period
may be reduced to less than 60 days. The employing office
bears the burden of proof that conditions for the exceptions
have been met. If one of the exceptions is applicable, the
employing office must give as much notice as is practicable
to the union and non-represented employees and this may, in
some circumstances, be notice after the fact. The employing
office must, at the time notice actually is given, provide a
brief statement of the reason for reducing the notice period,
in addition to the other elements set out in Sec. 639.7.
(a) The ``unforeseeable business circumstances'' exception
under section 3(b)(2)(A) of WARN, as applied under the CAA,
applies to office closings and mass layoffs caused by
circumstances that were not reasonably foreseeable at the
time that 60-day notice would have been required.
(1) An important indicator of a circumstance that is not
reasonably foreseeable is that the circumstance is caused by
some sudden, dramatic, and unexpected action or condition
outside the employing office's control.
(2) The test for determining when circumstances are not
reasonably foreseeable focuses on an employing office's
business judgment. The employing office must exercise such
reasonable business judgment as would a similarly situated
employing office in predicting the demands of its operations.
The employing office is not required, however, to accurately
predict general economic conditions that also may affect its
operations.
(b) The ``natural disaster'' exception in section
3(b)(2)(B) of WARN applies to office closings and mass
layoffs due to any form of a natural disaster.
(1) Floods, earthquakes, droughts, storms, tidal waves or
tsunamis and similar effects of nature are natural disasters
under this provision.
(2) To qualify for this exception, an employing office must
be able to demonstrate that its office closing or mass layoff
is a direct result of a natural disaster.
(3) While a disaster may preclude full or any advance
notice, such notice as is practicable, containing as much of
the information required in Sec. 639.7 as is available in the
circumstances of the disaster still must be given, whether in
advance or after the fact of an employment loss caused by a
natural disaster.
(4) Where an office closing or mass layoff occurs as an
indirect result of a natural disaster, the exception does not
apply but the ``unforeseeable business circumstance''
exception described in paragraph (a) of this section may be
applicable.
Sec. 639.10 When may notice be extended?
Additional notice is required when the date or schedule of
dates of a planned office closing or mass layoff is extended
beyond the date or the ending date of any 14-day period
announced in the original notice as follows:
(a) If the postponement is for less than 60 days, the
additional notice should be given as soon as possible to the
parties identified in Sec. 639.6 and should include reference
to the earlier notice, the date (or 14-day period) to which
the planned action is postponed, and the reasons for the
postponement. The notice should be given in a manner which
will provide the information to all affected employees.
(b) If the postponement is for 60 days or more, the
additional notice should be treated as new notice subject to
the provisions of Sec. Sec. 639.5, 639.6 and 639.7 of this
part. Rolling notice, in the sense of routine periodic
notice, given whether or not an office closing or mass layoff
is impending, and with the intent to evade the purpose of the
Act rather than give specific notice as required by WARN, is
not acceptable.
Sec. 639.11 [Reserved]
The SPEAKER pro tempore, Mr. RIGGS, recognized Mr. THOMAS and Mr.
FAZIO, each for 20 minutes.
After debate,
[[Page 806]]
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. RIGGS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk notify the Senate thereof.
para.39.25 leave of absence
By unanimous consent, leave of absence was granted to Ms. JACKSON-LEE,
for today.
And then,
para.39.26 adjournment
On motion of Mr. HAYWORTH, at 12 o'clock and 7 minutes a.m., Tuesday,
April 16 (legislative day of April 15), 1996, the House adjourned.
para.39.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1527. A
bill to amend the National Forest Ski Area Permit Act of 1986
to clarify the authorities and duties of the Secretary of
Agriculture in issuing ski area permits on National Forest
System lands and to withdraw lands within ski area permit
boundaries from the operation of the mining and mineral
leasing laws; with amendments (Rept. No. 104-516 Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2160. A
bill to authorize appropriations to carry out the
Interjurisdictional Fisheries Act of 1986 and the Anadromous
Fish Conservation Act; with an amendment (Rept. No. 104-517).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. HYDE: Committee of Conference. Conference report on S.
735. An Act to prevent and punish acts of terrorism, and for
other purposes (Rept. No. 104-518). Ordered to be printed.
para.39.28 subsequent action on bills initially referred under time
limitations
Under clause 5 of rule X, the following actions were taken by the
Speaker.
H.R. 1527. Referral to the Committee on Agriculture
extended for a period ending not later than April 15, 1996.
H.R. 1527. The Committee on Agriculture discharged from
further consideration. Referred to the Committee of the Whole
House on the State of the Union.
para.39.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SPENCE (for himself and Mr. Dellums) (both by
request):
H.R. 3230. A bill to authorize appropriations for fiscal
year 1997 for military activities of the Department of
Defense, to prescribe military personnel strengths for fiscal
year 1997, and for other purposes; to the Committee on
National Security.
By Mr. HEFLEY (for himself and Mr. Ortiz) (both by
request):
H.R. 3231. A bill to authorize certain construction at
military installations for fiscal year 1997, and for other
purposes; to the Committee on National Security.
By Mr. EHRLICH:The preadmission screening and resident
review [PASARR] requirement for nursing facilities
under the Medicaid Program; to the Committee on
Commerce.
H.R. 3233. A bill to amend titles XVIII and XIX of the
Social Security Act to repeal denial of approval of nurse
aide training programs based on reasons not associated with
quality or operation; to the Committee on Ways and Means, and
in addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BALLENGER (for himself, Mrs. Meyers of Kansas,
Mr. Barrett of Nebraska, Mr. Hoekstra, Mr. Norwood,
Mr. Stenholm, Mr. Graham, Mr. Hayes, Mr. Hutchinson,
Mr. Hall of Texas, and Mr. Brewster):
H.R. 3234. A bill to amend the Occupational Safety and
Health Act of 1970; to the Committee on Economic and
Educational Opportunities.
By Mr. CANADY (for himself and Mr. Hyde):
H.R. 3235. A bill to amend the Ethics in Government Act of
1978, to extend the authorization of appropriations for the
Office of Government Ethics for 3 years, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committee on Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. COMBEST (for himself and Mr. Thornberry):
H.R. 3236. A bill to amend the Consolidated Farm and Rural
Development Act to provide a grace period for the prohibition
on Consolidated Farm Service Agency [CFSA] lending to
delinquent borrowers; to the Committee on Agriculture.
By Mr. COMBEST:
H.R. 3237. A bill to provide for improved management and
operation of intelligence activities of the Government by
providing for a more corporate approach to intelligence, to
reorganize the agencies of the Government engaged in
intelligence activities so as to provide an improved
Intelligence Community for the 21st century, and for other
purposes; to the Committee on Intelligence (Permanent
Select), and in addition to the Committee on National
Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. DEUTSCH (for himself, Ms. Ros-Lehtinen, Mr.
Diaz-Balart, Mr. Johnston of Florida, Mrs. Meek of
Florida, Mr. Hastings of Florida, Mr. Gibbons, Mr.
Foley, Ms. Woolsey, Mr. Bryant of Texas, Mr. Ward,
Mr. Gordon, and Mr. Manton):
H.R. 3238. A bill to amend the Juvenile Justice and
Delinquency Prevention Act of 1974 to establish a national
resource center and clearinghouse to carry out, through the
Jimmy Ryce Law Enforcement Training Center for the Recovery
of Missing Children, training of State and local law
enforcement personnel to more effectively respond to cases
involving missing or exploited children, and for other
purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. DICKEY (for himself. Mr. Shays, Mr. Inglis of
South Carolina, Mr. Bonilla, Mr. Stump, Mr. Taylor of
North Carolina, Mr. Hefley, Mr. Baker of California,
Mr. Thornton, Mr. Packard, Mr. Green of Texas, and
Mr. King):
H.R. 3239. A bill to reform the independent counsel
statute, and for other purposes; to the Committee on the
Judiciary.
By Mr. DORNAN (for himself and Mr. Wolf):
H.R. 3240. A bill to amend the Internal Revenue Code of
1986 to clarify the prohibition against lobbying; to the
Committee on Ways and Means.
By Mr. FOGLIETTA (for himself, Mr. Barrett of
Wisconsin, Mr. Dellums, Ms. Eddie Bernice Johnson of
Texas, Mr. Green of Texas, Mr. Clyburn, Mr. Hinchey,
Ms. Norton, Mr. Hastings of Florida, Miss Collins of
Michigan, and Ms. McKinney):
H.R. 3241. A bill to amend the Internal Revenue Code to
allow the designation of additional empowerment zones and
provide additional incentives for empowerment zones and
enterprise communities, and for other purposes; to the
Committee on Ways and Means, and in addition to the
Committees on Banking and Financial Services, Government
Reform and Oversight, Transportation and Infrastructure,
Economic and Educational Opportunities, International
Relations, Commerce, the Judiciary, National Security, and
Small Business, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. HUTCHINSON (for himself and Mr. Scott):
H.R. 3242. A bill to provide for the reporting of deaths of
persons in custody; to the Committee on the Judiciary.
By Mr. JACOBS:
H.R. 3243. A bill to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to reduce certain funds if eligible
States do not enact certain laws; to the Committee on the
Judiciary.
By Ms. NORTON:
H.R. 3244. A bill to amend the Internal Revenue Code of
1986 to provide for individuals who are residents of the
District of Columbia a maximum rate of tax of 15 percent on
income from sources within the District of Columbia; to the
Committee on Ways and Means.
By Mr. POMEROY:
H.R. 3245. A bill to amend the Internal Revenue Code of
1986 to provide a deduction for higher education expenses; to
the Committee on Ways and Means.
By Mr. SCHUMER (for himself, Mr. Kennedy of
Massachusetts, and Mrs. Maloney):
H.R. 3246. A bill to amend the Electronic Fund Transfer Act
to protect the consumer with regard to fees imposed in
connection with an electronic fund transfer initiated by a
consumer, and for other purposes; to the Committee on Banking
and Financial Services.
By Mr. THOMPSON (for himself, Mr. Clyburn, Mr.
Hilliard, and Ms. Eddie Bernice Johnson of Texas):
H.R. 3247. A bill to redesignate the Herbert Clark Hoover
Department of Commerce Building located at 14th Street and
Constitution Avenue, NW, in Washington, DC, as the
[[Page 807]]
``Ronald H. Brown Commerce Building''; to the Committee on
Transportation and Infrastructure.
By Mr. HOUGHTON (for himself, Mr. Watt of North
Carolina, Mr. Chabot, Mr. Ackerman, Mr. Payne of New
Jersey, Mr. Hastings of Florida, Mr. Engel, and Mr.
Frazer):
H. Con. Res. 160. Concurrent resolution congratulating the
people of the Republic of Sierra Leone on the success of
their recent democratic multiparty elections; to the
Committee on International Relations.
By Mr. STOCKMAN:
H. Con. Res. 161. Concurrent resolution authorizing the use
of the Capitol Grounds for the Washington for Jesus 1996
prayer rally; to the Committee on Transportation and
Infrastructure.
By Mr. THOMAS:
H. Res. 400. Resolution approving regulations to implement
the Congressional Accountability Act of 1995 with respect to
employing offices and covered employees of the House of
Representatives; to the Committee on House Oversight.
H. Res. 401. Resolution directing the Office of Compliance
to provide educational assistance to employing offices of the
House of Representatives regarding compliance with the
Congressional Accountability Act of 1995 and requiring
employing offices of the House of Representatives to obtain
the prior approval of the chairman and the ranking minority
party member of the Committee on House Oversight of the House
of Representatives of the amount of any settlement payments
made under such Act; to the Committee on House Oversight.
para.39.30 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
214. By the SPEAKER: Memorial of the House of
Representatives of the State of Idaho, relative to the
training range at Mountain Home Air Force Base, ID; to the
Committee on National Security.
215. Also, memorial of the Senate of the State of Idaho,
relative to opposition to any legislation seeking to
authorize the United Nations to levy taxes on the people and
corporations of the United States directly or indirectly for
U.N. purposes; to the Committee on International Relations.
216. Also, memorial of the House of Representatives of the
State of Idaho, relative to the reintroduction of grizzly
bears to Idaho; to the Committee on Resources.
para.39.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 26: Mr. Salmon.
H.R. 28: Mr. Salmon.
H.R. 123: Mr. Brownback.
H.R. 209: Mr. Salmon.
H.R. 218: Mr. Hefner.
H.R. 246: Mr. Bateman.
H.R. 248: Ms. Norton, Ms. Eshoo, and Mr. Gutierrez.
H.R. 351: Mr. Rohrabacher, Mr. Ney, Mr. Bono, Mr. Weldon of
Florida, Mr. Doolittle, Mr. Horn, Mr. Hutchinson, Mr.
Callahan, Mr. Baker of California, and Mr. King.
H.R. 392: Mr. Ney.
H.R. 452: Ms. Norton.
H.R. 580: Mr. Scott, Mr. Brown of California, and Mr.
Romero-Barcelo.
H.R. 773: Mr. Payne of New Jersey, Mr. Cunningham, Mrs.
Morella, and Mr. Chabot.
H.R. 777: Mr. Faleomavaega, Ms. Jackson-Lee, Mr. Saxton,
and Mr. Cramer.
H.R. 778: Mr. Faleomavaega, Ms. Jackson-Lee, Mr. Saxton,
and Mr. Cramer.
H.R. 779: Ms. Molinari.
H.R. 780: Ms. Molinari.
H.R. 784: Mrs. Chenoweth and Mrs. Seastrand.
H.R. 791: Mr. Bateman.
H.R. 820: Mrs. Meyers of Kansas.
H.R. 833: Mr. Becerra.
H.R. 835: Ms. McKinney, Mrs. Clayton, Mr. Conyers, Mrs.
Maloney, Mr. Frazer, Mr. Owens, and Mr. Clyburn.
H.R. 858: Mr. Payne of New Jersey, Mr. Barcia of Michigan,
Mr. Kennedy of Rhode Island, Mr. Doyle, Mr. Klink, Mr.
Bonior, Mr. English of Pennsylvania, Mr. Hinchey, Mr.
Shuster, Mr. Skelton, Mr. Gonzalez, Mr. Frost, Mr. Peterson
of Minnesota, Mr. Hefley, Mr. Kleczka, Mr. LaTourette, Mr.
Bryant of Texas, Mr. Thorton, Mr. Wise, Ms. Brown of Florida,
and Mrs. Lowey.
H.R. 885: Mr. Forbes.
H.R. 911: Mrs. Smith of Washington, Mr. Watts of Oklahoma,
Mr. Cunningham, Ms. Norton, Ms. Pelosi, and Mr. Hastings of
Florida.
H.R. 941: Mr. Sawyer.
H.R. 958: Mr. Wolf, Mr. Owens, Mr. Stupak, Mr. Torricelli,
Mr. Gene Green of Texas, Mr. Filner, Mr. Fazio of California,
Mr. Kildee, Mr. Gutierrez, and Mr. Clyburn.
H.R. 1005: Mr. Salmon.
H.R. 1023: Mr. Dixon, Mr. Knollenberg, Mr. Skelton, Mr.
Cardin, Mr. Nussle, Ms. Dunn of Washington, Ms. Eshoo, Mr.
Pete Geren of Texas, and Mr. Norwood.
H.R. 1033: Mr. Davis.
H.R. 1073: Mr. Ward, Mr. Smith of Texas, Mr. Torkildsen,
and Mrs. Thurman.
H.R. 1074: Mr. Ward, Mr. Smith of Texas, Mr. Torkildsen,
and Mrs. Thurman.
H.R. 1131: Mr. Salmon.
H.R. 1210: Mr. Cramer and Mr. Traficant.
H.R. 1227: Mr. Walsh, Mr. Weldon of Florida, and Mr.
Cramer.
H.R. 1355: Ms. Kaptur.
H.R. 1386: Mr. Hall of Texas, Mr. Peterson of Minnesota,
Mr. Davis, Mr. Ehrlich, and Mrs. Fowler.
H.R. 1402: Mr. Moran.
H.R. 1483: Mr. Walsh.
H.R. 1484: Mr. Watt of North Carolina, Mr. Klink, Mr. Wynn,
Mr. Green of Texas, and Mrs. Lowey.
H.R. 1496: Mr. Frank of Massachusetts.
H.R. 1501: Mr. Bateman and Mr. Zimmer.
H.R. 1507: Mr. Engel, Mr. Waxman, Mr. Johnston of Florida,
Mr. Williams, Mr. Jackson, Mrs. Morella, Mr. Sanders, Mr.
Ward, and Ms. Lofgren.
H.R. 1527: Mr. Skaggs and Mr. Zeliff.
H.R. 1547: Mr. Nadler.
H.R. 1619: Mr. Tejeda, Mr. Smith of Texas, Mr. Quinn, and
Mr. Dellums.
H.R. 1711: Mr. Funderburk, Mr. Duncan, and Mr. McIntosh.
H.R. 1776: Mr. Sisisky, Mr. Flanagan, Mr. Hobson, Mr.
Kasich, Mr. Matsui, Mrs. Myrick, Mr. Shays, Mr. Hoyer, Miss
Collins of Michigan, Mr. Abercrombie, Mrs. Lincoln, Mr.
Moakley Mr. Gillmor, Mrs. Morella, Mrs. Maloney, Ms. Pryce,
Mr. Gejdenson, Mr. Waxman, and Mr. Baker of California.
H.R. 1810: Mr. Salmon.
H.R. 1893: Mr. Filner.
H.R. 1981: Mr. Salmon.
H.R. 2024: Mr. White.
H.R. 2137: Mr. McIntosh.
H.R. 2167: Mr. Ney, Mr. Brown of California, Mr. Emerson,
and Mr. Manton.
H.R. 2214: Mr. Stark, Mr. Brown of California, Mr.
English of Pennsylvania, Mr. Emerson, and Mr. Rahall.
H.R. 2240: Mr. Martinez.
H.R. 2244: Mr. Martini.
H.R. 2270: Mr. Emerson and Mr. Pombo.
H.R. 2450: Mr. Barcia of Michigan, Mr. Faleomavaega, Mr.
Green of Texas, Mr. Hoke, Mr. Solomon, Mr. Clay, Mr. Deal of
Georgia, Mr. Hastings of Florida, and Mr. Gonzalez.
H.R. 2566: Mr. Markey, Mr. Greenwood, and Mr. Durbin.
H.R. 2579: Mr. Graham, Mr. Rush, Mr. Collins of Georgia,
Mr. Talent, Mr. Davis, Mr. Hamilton, Mr. Laughlin, Mr.
Zimmer, and Mr. Torkildsen.
H.R. 2585: Mr. Olver.
H.R. 2618: Mr. Sanders and Mr. Brown of California.
H.R. 2651: Mr. Peterson of Minnesota and Mr. Yates.
H.R. 2655: Mr. Martini.
H.R. 2683: Ms. Woolsey, Mr. Gilman, Mr. Hutchinson, Mr.
Young of Florida, Mr. Barton of Texas, Mrs. Fowler, and Mr.
Talent.
H.R. 2701: Mr. Montgomery, Mr. Gejdenson, Mr. Schiff, Mr.
Fattah, and Mr. Diaz-Balart.
H.R. 2745: Mr. Leach.
H.R. 2757: Mr. Forbes, Mr. Cramer, and Mr. Roberts.
H.R. 2779: Mr. Lewis of Kentucky, Mr. Payne of Virginia,
Mr. Paxon, and Mr. Hobson.
H.R. 2796: Mr. Bentsen.
H.R. 2820: Mr. Hutchinson, Mr. Dickey, Mr. Emerson, Mr.
Hayes, Mr. Baker of Louisiana, Mr. Ney, Mr. Upton, Mr.
Tiahrt, and Mr. Duncan.
H.R. 2875: Mr. Baker of Louisiana, Mr. Calvert, and Mr.
Romero-Barcelo.
H.R. 2911: Mr. LaHood.
H.R. 2912: Ms. Furse.
H.R. 2959: Mr. Scott, Mr. Fawell, Mr. Ford, and Mr. Frost.
H.R. 2994: Mr. Oberstar, Mr. Frank of Massachusetts, Mr.
Clement, Mr. Fazio of California, Mr. Evans, Mr. Bereuter,
Mr. Hinchey, and Mr. Wynn.
H.R. 3002: Mr. McIntosh and Mrs. Meyers of Kansas.
H.R. 3050: Mr. Evans, Mr. Bonior, and Mr. Bereuter.
H.R. 3059: Mr. Hilliard and Mr. Stark.
H.R. 3065: Mr. Deutsch and Mr. Crapo.
H.R. 3067: Ms. Rivers, Mr. Foglietta, Ms. Pryce, and Mr.
Miller of California.
H.R. 3085: Mr. Camp.
H.R. 3086: Mr. Weldon of Florida and Mr. Hilleary.
H.R. 3102: Mr. Klink, Mr. Barrett of Wisconsin, Mr.
Lipinski, and Mrs. Schroeder.
H.R. 3104: Mr. Calvert, Mr. Barrett of Nebraska, Ms.
Norton, and Mr. Pomeroy.
H.R. 3118: Mr. Frost, Mr. Moakley, Mr. Solomon, Mr.
Mascara, Mr. Hall of Texas, and Mr. Tejeda.
H.R. 3119: Mr. Moakley, Ms. Roybal-Allard, Mr. Mascara, Mr.
Dornan, Mr. Tejeda, Mr. Hall of Texas, and Mr. Volkmer.
H.R. 3123: Mr. Smith of New Jersey, Mr. Solomon, and Mr.
Calvert.
H.R. 3139: Mr. Lazio of New York, Mr. Ackerman, Mr. Flake,
Mr. Manton, Mr. Serrano, Mrs. Kelly, Mr. Gilman, Mr. Solomon,
Mr. Boehlert, Mr. McHugh, and Mr. Walsh.
H.R. 3141: Ms. Lofgren.
H.R. 3142: Mr. Norwood, Mr. Watts of Oklahoma, Mr. Kim, Mr.
Ortiz, Mr. Riggs, Mr. Rahall, Mr. Green of Texas, Mr.
Bilbray, Mr. Hutchinson, Mr. Bereuter, Mr. Peterson of
Florida, Mr. Hefner, Mr. Ehrlich, Mr. Hobson, Mr. Martinez,
Mr. Whitfield, Mr. Emerson, Mr. Ward, Mr. Evans, Mr.
Kingston, Mr. Sisisky, Mr. Baker of California, Mr. Wolf, Mr.
McHugh, Ms. Brown of Florida, Mrs. Fowler, Mr. Cooley, Mr.
Olver, Mr. Hastings of Florida, Mr. Stump, Mr. Skeen, Mr.
Brown of California, Mr. Torkildsen, Mr. Romero-Barcelo, and
Mr. Nethercutt.
H.R. 3153: Mr. Hilliard, Mr. Mica, Mr. Bunning of Kentucky,
Mr. Baker of Louisiana, Mr. Crapo, Mr. Holden, Mr. Tanner,
[[Page 808]]
Mr. Bereuter, Mr. Burr, Mr. Duncan, Mr. Hoke, Mr. Chapman,
and Mrs. Chenoweth.
H.R. 3165: Mr. Riggs, Mr. Stupak, and Mr. Romero-Barcelo.
H.R. 3195: Mr. Green of Texas, Mr. Coburn, Mr. Frost, Mr.
Hefley, Mr. Lucas, and Mr. Hutchinson.
H.R. 3226: Ms. Molinari.
H.J. Res. 114: Mr. Reed.
H.J. Res. 159: Mrs. Vucanovich, Mr. Bass, Mrs. Meyers of
Kansas, and Ms. Ros-Lehtinen.
H. Con. Res. 47: Mr. Stupak, Mr. Neumann, Mr. Hoyer, Mr.
Hall of Ohio, Mr. Gonzalez, and Mr. Fattah.
H. Con. Res. 50: Mr. Watt of North Carolina.
H. Con. Res. 128: Mrs. Meek of Florida, Ms. Velazquez, Ms.
Pelosi, Mrs. Maloney, and Ms. Norton.
H. Con. Res. 145: Mr. Lipinski.
H. Con. Res. 151: Mr. Mascara and Mr. Cramer.
H. Res. 30: Mr. Fox, Mr. Collins of Georgia, Mrs.
Schroeder, Mr. Smith of Texas, Mr. Lantos, and Mr. DeLay.
H. Res. 49: Mr. DeFazio and Ms. Slaughter.
H. Res. 348: Mr. English of Pennsylvania, Mr. Flanagan, Mr.
Burr, Mr. Manzullo, Mr. Moorhead, Mr. McKeon, and Mr. Hunter.
para.39.32 petitions, etc.
Under clause 1 of rule XXII.
70. The SPEAKER presented a petition of the Dutchess County
Legislature, NY, relative to flow control; which was referred
to the Committee on Commerce.
para.39.33 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1972: Mr. Peterson of Minnesota.
.
TUESDAY, APRIL 16, 1996 (40)
para.40.1 designation of speaker pro tempore
The House was called to order at 9:30 a.m. by the SPEAKER pro tempore,
Mr. DICKEY, who laid before the House the following communication:
Washington, DC,
April 16, 1996.
I hereby designate the Honorable Jay Dickey to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.40.2 recess--10:10 a.m.
The SPEAKER pro tempore, Mr. DICKEY, pursuant to clause 12 of rule I,
declared the House in recess until 11:00 a.m.
para.40.3 after recess--11:00 a.m.
The SPEAKER called the House to order.
para.40.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, April 15, 1996.
Mr. DIXON, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. DIXON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
335
Nays
67
When there appeared
<3-line {>
Answered present
1
para.40.5 [Roll No. 118]
YEAS--335
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Eshoo
Evans
Ewing
Fawell
Fields (TX)
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefner
Herger
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Lantos
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manzullo
Martinez
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Torres
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Young (FL)
Zeliff
NAYS--67
Abercrombie
Ackerman
Baldacci
Borski
Brown (CA)
Brown (FL)
Clayton
Clyburn
Collins (IL)
DeFazio
Durbin
Engel
Ensign
Everett
Fazio
Filner
Foglietta
Frank (MA)
Gephardt
Geren
Gutierrez
Gutknecht
Hall (OH)
Hastings (FL)
Hefley
Heineman
Hilleary
Hilliard
Jacobs
Klink
LaFalce
Latham
Levin
Lewis (GA)
Longley
Manton
Martini
McDermott
Menendez
Neal
Oberstar
Olver
Pallone
Pastor
Pelosi
Pickett
Pombo
Pomeroy
Rush
Sabo
Schroeder
Sisisky
Skaggs
Stark
Stockman
Tanner
Taylor (MS)
Thompson
Torkildsen
Velazquez
Visclosky
Volkmer
Watt (NC)
Weller
Wynn
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--28
Becerra
Boehner
Buyer
Chapman
Clay
Dornan
Farr
Fattah
Fields (LA)
Ford
Gibbons
Greenwood
Largent
LaTourette
Markey
McDade
Meek
Myrick
Owens
Richardson
Riggs
Rose
Thornton
Tiahrt
Towns
Vento
Wilson
Young (AK)
So the Journal was approved.
para.40.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2378. A letter from the Assistant Secretary of Defense,
transmitting the Department's report on automated information
systems of DOD, pursuant to Public Law 104-106, section
366(c)(1) (110 Stat. 276); to the Committee on National
Security.
2379. A letter from the Deputy Secretary of Defense,
transmitting three reports pursuant to the National Defense
Authorization Act for fiscal year 1996, the report are as
follows: ``Improving the Combat Edge Through
[[Page 809]]
Outsourcing,'' in response to section 357; ``Policy Regarding
Performance of Depot-Level Maintenance and Repair,'' in
response to section 311(c); and ``Depot-Level Maintenance and
Repair Workload,'' in response to section 311(i); to the
Committee on National Security.
2380. A letter from the Secretary of Defense, transmitting
the Department's report to the Congress entitled ``Nonlethal
Weapons,'' pursuant to Public Law 104-106, section 219(c)
(110 Stat. 223); to the Committee on National Security.
2381. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Indonesia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
2382. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the 1994 report required by section
918 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989, pursuant to 12 U.S.C. 1833; to the
Committee on Banking and Financial Services.
2383. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmittng the 1995 report required by section
918 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989, pursuant to 12 U.S.C. 1833; to the
Committee on Banking and Financial Services.
2384. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting the Board's report on
finance charges under the Truth in Lending Act, pursuant to
section 2(f) of the Truth in Lending Act Amendments of 1995;
to the Committee on Banking and Financial Services.
2385. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
2969, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
2386. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
2854, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
2387. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
3136 and H.R. 1266, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
2388. A letter from the Secretary, Nuclear Regulatory
Commission, transmitting the Commission's major rule--
revision of fee schedules; 100 percent fee recovery, fiscal
year 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2389. A letter from the Secretary of Health and Human
Services, transmitting the Department's annual report
entitled ``Public Housing Primary Care Program,'' pursuant to
section 340A of the Public Health Service Act; to the
Committee on Commerce.
2390. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-20: Suspending
Restrictions on United States Relations with the Palestine
Liberation Organization, pursuant to Public Law 104-107,
section 604(b)(1) (110 Stat. 756); to the Committee on
International Relations.
2391. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report entitled ``Assistance Related to International
Terrorism Provided by the U.S. Government to Foreign
Countries,'' pursuant to 22 U.S.C. 2349aa-7(b); to the
Committee on International Relations.
2392. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-216, ``Early
Intervention Services Sliding Fee Scale Establishment
Temporary Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2393. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-240, ``Health
Services Planning and Certificate of Need Program Temporary
Amendment Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2394. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-242,
``Business Improvement Districts Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2395. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-243, ``Public
Charter Schools Act of 1996,'' pursuant to D.C. Code, section
1-233(c)(1); to the Committee on Government Reform and
Oversight.
2396. A letter from the U.S. Commissioner, Delaware River
Basin Commission, transmitting the Commission's report in
compliance with the Inspector General Act of 1978, pursuant
to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the
Committee on Government Reform and Oversight.
2397. A letter from the Chairman, Farm Credit
Administration, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2398. A letter from the Chairman, Farm Credit
Administration, transmitting a report of activities under the
Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2399. A letter from the Acting Administrator, General
Services Administration, transmitting a report of activities
under the Freedom of Information Act for the calendar year
1995, pursuant to 5 U.S.C. 552(e); to the Committee on
Government Reform and Oversight.
2400. A letter from the Executive Director, Japan-United
States Friendship Commission, transmitting the 1995 annual
report in compliance with the Inspector General Act
Amendments of 1988, pursuant to Public Law 100-504, section
104(a) (102 Stat. 2525); to the Committee on Government
Reform and Oversight.
2401. A letter from the U.S. Commissioner, Susquehanna
River Basin Commission, transmitting the Commission's report
in compliance with the Inspector General Act of 1978,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to
the Committee on Government Reform and Oversight.
2402. A letter from the Administrator, Federal Aviation
Administration, transmitting the Administration's list of the
foreign aviation authorities to which the Administrator
provided services in the preceding fiscal year, pursuant to
Public Law 103-305, section 202 (108 Stat. 1582); to the
Committee on Transportation and Infrastructure.
2403. A letter from the Secretary of Transportation,
transmitting the Department's second annual report on the
activities of the Department regarding the guarantee of
obligations issued to finance the construction,
reconstruction, or reconditioning of eligible export vessels,
pursuant to section 1111(b)(4) of the Merchant Marine Act of
1936, as amended; to the Committee on Transportation and
Infrastructure.
2404. A letter from the Secretary of Veterans Affairs,
transmitting the Department's report on the evaluation of
health status of spouses and children of Persian Gulf war
veterans, pursuant to 38 U.S.C. 1117 note; to the Committee
on Veterans' Affairs.
2405. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final rules
on statement of earnings and benefit estimates (RIN 0960-
AD74), pursuant to 5 U.S.C. 801a); to the Committee on Ways
and Means.
2406. A letter from the Secretary of Health and Human
Services, transmitting notification that the Department is
allotting to States, the District of Columbia, Indian tribes,
and territories emergency funds made available under section
2602(e), of the Low--Income Home Energy Assistance Act of
1981, pursuant to 42 U.S.C. 8623(g); jointly, to the
Committees on Commerce and Economic and Educational
Opportunities.
2407. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-19: Determination Pursuant
to Section 523 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law
104-107), pursuant to Public Law 104-107, section 523 (110
Stat. 729); jointly, to the Committees on International
Relations and Appropriations.
2408. A letter from the President, U.S. Institute of Peace,
transmitting a report of the audit of the Institute's
accounts for fiscal year 1995, pursuant to 22 U.S.C. 4607(h);
jointly, to the Committees on International Relations and
Economic and Educational Opportunities.
para.40.7 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, April 16, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
copy of the certificate of election received from the
Honorable Bill Jones, Secretary of State, State of
California, certifying that, according to the semi-official
returns of the Special Election held on the 26th day of
March, 1996, the Honorable Juanita M. McDonald was elected to
the Office of Member of the Congress from the Thirty-seventh
Congressional District of California.
With warm regards,
Robin H. Carle.
para.40.8 member-elect sworn in
Ms. Juanita Millender-McDonald of the 37th District of California,
presented herself at the bar of the House and took the oath of office
prescribed by law.
para.40.9 subpoena
The SPEAKER pro tempore, Mr. CAMP, laid before the House the following
communication from Mr. Schiff:
[[Page 810]]
Congress of the United States,
House of Representatives,
Washington, DC, April 4, 1996.
Hon. Newt Gingrich,
Speaker of the House, The Capitol, Washington, DC.
Dear Mr. Speaker: this is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that four members of my Albuquerque District Office have been
served with subpoenas issued by the Second Judicial District
Court (Bernalillo County, New Mexico) in the case of New
Mexico v. Martin.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Steven Schiff.
para.40.10 taxpayer bill of rights
Mrs. JOHNSON of Connecticut moved to suspend the rules and pass the
bill (H.R. 2337) to amend the Internal Revenue Code of 1986 to provide
for increased protections; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mrs. JOHNSON of
Connecticut and Mr. MATSUI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
Mrs. JOHNSON of Connecticut objected to the vote on the ground that a
quorum was not present and not voting.
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.40.11 extend u.s.-israel free trade to west bank and gaza
Mr. SHAW moved to suspend the rules and pass the bill (H.R. 3074) to
amend the United States-Israel Free Trade Area Implementation Act of
1985 to provide the President with additional proclamation authority
with respect to articles of the West Bank or Gaza Strip or a qualifying
industrial zone.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SHAW and Mr. RANGEL,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.12 privileges of the house--return of bill to senate
Mr. SHAW rose to a question of the privileges of the House and
submitted the following privileged resolution (H. Res. 402):
Resolved, That the bill of the Senate (S. 1463) to amend
the Trade Act of 1974 to clarify the definitions of domestic
industry and like articles in certain investigations
involving perishable agricultural products, and for other
purposes, in the opinion of this House, contravenes the first
clause of the seventh section of the first article of the
Constitution of the United States and is an infringement of
the privileges of this House and that such bill be
respectfully returned to the Senate with a message
communicating this resolution.
When said resolution was considered,
After debate,
On motion of Mr. SHAW, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby the resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.40.13 hydroelectric project in kentucky
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2501)
to extend the deadline under the Federal Power Act applicable to the
construction of a hydroelectric project in Kentucky, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.14 hydroelectric project in Illinois
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2630)
to extend the deadline for commencement of construction of a
hydroelectric project in the State of Illinois; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.15 hydroelectric projects in pennsylvania
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2695)
to extend the deadline under the Federal Power Act applicable to the
construction of certain hydroelectric projects in the State of
Pennsylvania; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.16 hydroelectric projects in north carolina
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2773)
to extend the deadline under the Federal Power Act applicable to the
construction of 2 hydroelectric projects in North Carolina, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 811]]
para.40.17 hydroelectric project in ohio
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2816)
to reinstate the license for, and extend the deadline under the Federal
Power Act applicable to the construction of, a hydroelectric project in
Ohio, and for other purposes.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill.
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.18 hydroelectric project in kentucky
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2869)
to extend the deadline for commencement of construction of a
hydroelectric project in the State of Kentucky; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.19 holocaust memorial museum
Mr. HANSEN moved to suspend the rules and agree to the following
resolution (H. Res. 316):
Whereas the Holocaust is a basic fact of history, the
denial of which is no less absurd than the denial of the
occurrence of the Second World War;
Whereas the Holocaust--the systematic, state-sponsored mass
murders by Nazi Germany of 6,000,000 Jews, alongside millions
of others, in the name of a perverse racial theory--stands as
one of the most ferociously heinous state acts the world has
ever known; and
Whereas those who promote the denial of the Holocaust do so
out of profound ignorance or for the purpose of furthering
anti-Semitism and racism: Now, therefore, be it
Resolved, That the House of Representatives--
(1) deplores the persistent, ongoing and malicious efforts
by some persons in this country and abroad to deny the
historical reality of the Holocaust; and
(2) commends the vital, ongoing work of the United States
Holocaust Memorial Museum, which memorializes the victims of
the Holocaust and teaches all who are willing to learn
profoundly compelling and universally resonant moral lessons.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. ENSIGN and Mr.
LANTOS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. LANTOS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.40.20 indian self-determination and education assistance
On motion of Mr. ENSIGN, by unanimous consent, the Committee on
Resources was discharged from further consideration of the bill (H.R.
3034) to amend the Indian Self-Determination and Education Assistance
Act to extend for two months the authority for promulgating regulations
under the Act.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.21 naval vessels transfer
Mr. GILMAN moved to suspend the rules and pass the bill (H.R. 3121) to
amend the Foreign Assistance Act of 1961 and the Arms Export Control Act
to make improvements to certain defense and security assistance
provisions under those Acts, to authorize the transfer of naval vessels
to certain foreign countries, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. CAMP, recognized Mr. GILMAN and Mr.
LANTOS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.22 h.r. 2337--unfinished business
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 2337) to amend the Internal Revenue Code of 1986
to provide for increased protections; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CAMP, announced that two-thirds of those
present had voted in the affirmative.
Mrs. JOHNSON of Connecticut objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
425
When there appeared
<3-line {>
Nays
0
para.40.23 [Roll No. 119]
YEAS--425
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
[[Page 812]]
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--7
Becerra
Gutierrez
Hunter
Richardson
Tiahrt
Torres
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.40.24 h. res. 316--unfinished business
The SPEAKER pro tempore, Mr. CAMP, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the resolution (H. Res. 316) deploring
individuals who deny the historical reality of the Holocaust and
commending the vital, ongoing work of the United States Holocaust
Memorial Museum.
The question being put,
Will the House suspend the rules and agree to said resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
420
<3-line {>
affirmative
Nays
0
para.40.25 [Roll No. 120]
YEAS--420
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Becerra
Brewster
Gutierrez
Horn
Hunter
Myers
Richardson
Ros-Lehtinen
Roth
Tiahrt
Torres
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
para.40.26 bills and joint resolutions presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
[[Page 813]]
committee did on the following dates present to the President, for his
approval, bills and joint resolutions of the House of the following
title:
On March 20, 1996:
H.J. Res. 78. Joint resolution to grant the consent of the
Congress to certain additional powers conferred upon the Bi-
State Development Agency by the States of Missouri and
Illinois.
On March 28, 1996:
H.J. Res. 168. Joint resolution waiving certain enrollment
requirements with respect to two bills of the 104th Congress.
H.R. 2969. An Act to eliminate the Board of Tea Experts by
repealing the Tea Importation Act of 1897.
On March 29, 1996:
H.R. 3136. An Act to provide for enactment of the Senior
Citizen's Right to Work Act of 1996, the Line-Item Veto Act,
and the Small Business Growth and Fairness Act of 1996, and
to provide for a permanent increase in the public debt limit.
H.J. Res. 170. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
On April 3, 1996:
H.R. 2854. An Act to modify the operation of certain
agricultural programs.
On April 5, 1996:
H.R. 1833. An Act to amend title 18, United States Code, to
ban partial-birth abortions.
H.R. 1561. An Act to consolidate the foreign affairs
agencies of the United States; to authorize appropriations
for the Department of State and related agencies for fiscal
years 1996 and 1997; to responsibly reduce the authorizations
of appropriations for U.S. foreign assistance programs for
fiscal years 1996 and 1997, and for other purposes.
And then,
para.40.27 adjournment
On motion of Mr. KINGSTON, at 10 o'clock and 47 minutes p.m., the
House adjourned.
para.40.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GILMAN: Committee on International Relations. H.R.
3121. A bill to amend the Foreign Assistance Act of 1961 and
the Arms Export Control Act to make improvements to certain
defense and security assistance provisions under those acts,
to authorize the transfer of naval vessels to certain foreign
countries, and for other purposes (Rept. No. 104-519 Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mrs. MEYERS: Committee on Small Business. H.R. 2715. A bill
to amend chapter 35 of title 44, United States Code,
popularly known as the Paperwork Reduction Act, to minimize
the burden of Federal paperwork demands upon small
businesses, educational and nonprofit institutions, Federal
contractors, State and local governments, and other persons
through the sponsorship and use of alternative information
technologies; with an amendment (Rept. No. 104-520 Pt. 1).
Ordered to be printed.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1965. A
bill to reauthorize the Coastal Zone Management Act of 1972,
and for other purposes; with an amendment (Rept. No. 104-
521). Referred to the Committee of the Whole House on the
State of the Union.
discharge of committee
Pursuant to clause 5 of rule X the Committee on Rules
discharged from further consideration. H.R. 3121 referred to
the Committee of the Whole House on the State of the Union.
para.40.29 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was
taken by the Speaker:
H.R. 3121. Referral to the Committee on Rules extended for
a period ending not later than April 16, 1996.
para.40.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. EVERETT (for himself and Mr. Evans):
H.R. 3248. A bill to amend title 38, United States Code, to
revise and improve certain veterans programs and benefits, to
authorize the American Battle Monuments Commission to enter
into arrangements for the repair and long-term maintenance of
war memorials for which the Commission assumes
responsibility, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. ABERCROMBIE (for himself and Mr. Wicker):
H.R. 3249. A bill to authorize appropriations for a mining
institute to develop domestic technological capabilities for
the recovery of minerals from the Nation's seabed, and for
other purposes; to the Committee on Resources.
By Mr. BEREUTER (for himself, for Mr. Ford, Ms.
Lofgren, Mr. McIntosh, Mr. Pickett, Mr. Dellums, Ms.
Woolsey, Mr. Stark, Mr. Fazio of California, Mr.
Costello, Mrs. Meyers of Kansas, Mr. Ehlers, Mr.
Schaefer, Mr. Mollohan, Mr. Leach, Mr. Gilchrest, Mr.
Boehlert, Mr. Castle, Mr. Clay, Mr. Vento, Mr.
Skelton, Mr. Evans, Mrs. Morella, Mr. Rahall, Mr.
Skaggs, Ms. McCarthy, Mr. Hefley, Mr. Weller, Mrs.
Vucanovich, Mr. Bunning of Kentucky, Mr. Baker of
California, Mr. Beilenson, Ms. Norton, Mr. Hastings
of Florida, Mr. Hamilton, Mr. Frost, Mr. Waxman, Mr.
Barrett of Nebraska, Mr. Orton, Mr. Ney, Mr. Lantos,
Mr. Fawell, and Mr. Miller of California):
H.R. 3250. A bill to amend the National Trails System Act
to create a new category of long-distance trails to be known
as National Discovery Trails, to authorize the American
Discovery Trail as the first national trail in that category,
and for other purposes; to the Committee on Resources.
By Mr. LIGHTFOOT (for himself, Mr. Leach, Mr. Nussle,
Mr. Ganske, and Mr. Latham):
H.R. 3251. A bill to amend the Internal Revenue Code of
1986 to expand the applicability of the first-time farmer
exception; to the Committee on Ways and Means.
By Ms. McKINNEY:
H.R. 3252. A bill to amend the Internal Revenue Code of
1986 to discourage American businesses from moving jobs
overseas and to encourage the creation of new jobs in the
United States, and for other purposes; to the Committee on
Ways and Means.
By Mr. PARKER (for himself, Mr. Wicker, Mr. Taylor of
Mississippi, Mr. Thompson, Mr. Edwards, Mr. Cooley,
Mr. Everett, Mr. Doyle, Mr. Hutchinson, Mr. Clement,
Mr. Smith of New Jersey, Mr. Evans, Mr. Mascara, Ms.
Brown of Florida, Mr. Filner, Mr. Kennedy of
Massachusetts, Mr. Tejeda, Ms. Waters, Mr. Ney, Mr.
Clyburn, and Mr. Emerson):
H.R. 3253. A bill to name the Department of Veterans
Affairs medical center in Jackson, MS, as the ``G.V. (Sonny)
Montgomery Department of Veterans Affairs Medical Center'';
to the Committee on Veterans' Affairs.
By Mr. QUILLEN:
H.R. 3254. A bill to suspend until January 1, 1998, the
duty on Fybrel [SWP]; to the Committee on Ways and Means.
H.R. 3255. A bill to amend the Harmonized Tariff Schedule
of the United States to correct the tariff treatment of
certain iron and steel pipe and tube products; to the
Committee on Ways and Means.
By Mr. ROBERTS:
H.R. 3256. A bill to establish the Nicodemus National
Historic Site in Kansas, and for other purposes; to the
Committee on Resources.
By Mr. ZIMMER (for himself and Mr. Frelinghuysen):
H.R. 3257. A bill to develop model curricula appropriate
for elementary and secondary students; to the Committee on
Economic and Educational Opportunities.
By Mr. MILLER of California:
H. Con. Res. 162. Concurrent resolution recommending the
entities which were instrumental in developing the ``Friday
Night Live'' and ``Club Live'' programs and which have
created, are operating, and are working to expand the
``Rotary Life Club'' program; to the Committee on Economic
and Educational Opportunities.
By Mr. ARCHER:
H. Res. 402. Resolution returning to the Senate the bill S.
1463; considered and agreed to.
By Mr. GEPHARDT:
H. Res. 403. Resolution in tribute to Secretary of Commerce
Ronald H. Brown and other Americans who lost their lives on
April 3, 1996, while in service to their country on a mission
to Bosnia; to the Committee on Commerce.
By Mrs. MEEK of Florida:
H. Res. 404. Resolution in tribute to Secretary of Commerce
Ronald H. Brown and other Americans who lost their lives on
April 3, 1996, while in service to their country on a mission
to Bosnia; to the Committee on Commerce.
para.40.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 99: Ms. Woolsey.
H.R. 118: Mr. Salmon.
H.R. 188: Mr. Sanders.
H.R. 248: Mr. Upton.
H.R. 491: Mr. Taylor of Mississippi, Mr. Stockman, Mr.
Peterson of Minnesota, Mr. Deal of Georgia, Mr. Funderburk,
Mr. Greenwood, and Mr. Hall of Texas.
H.R. 822: Mr. Salmon.
H.R. 833: Mr. Barrett of Wisconsin and Mr. Gunderson.
H.R. 1110: Mr. Salmon.
H.R. 1462: Mr. Payne of New Jersey.
H.R. 1483: Mr. Minge, Mr. Watts of Oklahoma, Mr. Andrews,
and Mr. Stearns.
H.R. 1757: Mrs. Thurman.
H.R. 1776: Mr. Regula, Mr. Barcia of Michigan, Mr. Lantos,
Ms. Lofgren, Mr. Oberstar, Mr. Clay, and Mr. Schumer.
H.R. 1791: Mr. Olver.
H.R. 1797: Mrs. Meek of Florida, Mr. Foglietta, Mr. Fox,
Ms. Waters, Mr. Frost, Ms. Norton, and Mr. Deutsch.
H.R. 1819: Mr. Gephardt.
H.R. 1856: Mr. Radanovich.
H.R. 2011: Ms. Jackson-Lee, Mr. Becerra, and Mr. Dingell.
H.R. 2270: Mr. Hutchinson.
H.R. 2272: Mr. Bonior and Mr. Brown of California.
[[Page 814]]
H.R. 2306: Mr. Kildee and Mr. Wise.
H.R. 2391: Mr. Stenholm.
H.R. 2508: Mrs. Meyers of Kansas.
H.R. 2531: Mr. Whitfield.
H.R. 2566: Mr. Kennedy of Massachusetts and Mr. Richardson.
H.R. 2740: Mr. Gekas.
H.R. 2741: Mrs. Fowler, Mr. Hobson, and Mr. Royce.
H.R. 2746: Mr. Reed, Mr. Smith of New Jersey, Mr. Pombo,
Mr. Dellums, Mr. Oberstar, Mr. Underwood, Mr. Lantos, Mr.
Abercrombie, Mr. Brown of Ohio, Ms. Norton, Mr. Frank of
Massachusetts, Ms. Slaughter, Mr. Conyers, Mr. Hall of Ohio,
Mr. Manton, Mr. Romero-Barcelo, and Ms. Furse.
H.R. 2777: Mr. Scott.
H.R. 2798: Mr. Luther and Mr. Pombo.
H.R. 2834: Mr. Andrews.
H.R. 2900: Ms. Furse, Mr. Cox, Mr. Parker, Mr. Wynn, Mr.
Ganske, Mr. Browder, Mr. Neumann, and Mr. Pallone.
H.R. 2925: Mr. Forbes, Mr. Chrysler, Mr. Wamp, Mr. Castle,
Mr. Callahan, Mr. Tejeda, Mr. McKeon, Mr. Lazio of New York,
and Mr. Montgomery.
H.R. 2943: Mr. Obey, Mr. Emerson, Mr. Romero-Barcelo, and
Mr. Shays.
H.R. 3059: Mr. Olver, and Mrs. Thurman.
H.R. 3084: Mr. Ackerman, Mr. Frost, Mr. Dornan, and Mr.
Tejeda.
H.R. 3108: Mr. Frost.
H.R. 3114: Mr. Engel, Ms. Norton, Mr. Barrett of Nebraska,
and Mr. Ballenger.
H.R. 3161: Mr. Houghton.
H.R. 3170: Mr. Torricelli and Mr. Manton.
H.R. 3180: Mr. Chapman, Mr. Foglietta, Mr. Green of Texas,
Mrs. Maloney, and Mr. Deutsch.
H.R. 3201: Mr. Rose, Mr. Myers of Indiana, and Mr. Pete
Geren of Texas.
H.R. 3217: Mr. Pallone, Mr. Hinchey, Mr. Vento, Mr. Cardin,
and Mr. Farr.
H.R. 3236: Mr. Johnson of South Dakota, Mr. Peterson of
Minnesota, Mr. Stenholm, Mr. Hilliard, Mrs. Clayton, Mr.
Holden, Mr. Baldacci, and Mr. Pomeroy.
H. Con. Res. 47: Mr. Hamilton.
H. Con. Res. 50: Ms. Norton.
H. Con. Res. 103: Mr. Engel, Ms. Molinari, Mr. Miller of
California, and Mr. Torricelli.
H. Con. Res. 156: Mr. Hilliard, Mrs. Clayton, Mr. Frost,
Mr. McDermott, Mr. Frazer, Ms. Pelosi, Mrs. Maloney, Mrs.
Meek of Florida, Mr. Owens, Mr. Payne of New Jersey, Mr.
Foglietta, Mr. Fox, Mr. Green of Texas, Ms. Waters, Mr.
Romero-Barcelo, Mr. Faleomavaega, Ms. Norton, and Mr. Filner.
H. Con. Res. 160: Mr. Campbell and Mr. Johnston of Florida.
H. Res. 282: Mrs. Lowey, Mr. Smith of New Jersey, Mr.
Yates, and Mr. Levin.
H. Res. 316: Mr. Lazio of New York and Mr. Zimmer.
H. Res. 381: Mr. Levin, Mr. Stark, Mr. Bryant of Texas, Mr.
Lipinski, Mr. Romero-Barcelo, and Mr. Manton.
para.40.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 789: Mr. Durbin.
H.R. 1202: Mr. Shaw.
H.R. 1963: Mr. Shays.
H.R. 1972: Mr. Quinn.
.
WEDNESDAY, APRIL 17, 1996 (41)
para.41.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. GILLMOR,
who laid before the House the following communication:
Washington, DC,
April 17, 1996.
I hereby designate the Honorable Paul E. Gillmor to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.41.2 approval of the journal
The SPEAKER pro tempore, Mr. GILLMOR, announced he had examined and
approved the Journal of the proceedings of Tuesday, April 16, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.41.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2409. A letter from the Secretary of the Navy, transmitting
notification that the joint tactical unmanned aerial vehicle-
hunter and standard missile 2 block IV have breached the unit
cost threshold, pursuant to 10 U.S.C. 2433(e)(1); to the
Committee on National Security.
2410. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the transfer of defense articles or defense
services sold commercially to Japan (Transmittal No. DTC-13-
96), pursuant to 22 U.S.C. 2776(c); to the Committee on
International Relations.
2411. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the transfer of defense articles or defense
services sold commercially to the Republic of Korea
(Transmittal No. DTC-15-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
2412. A letter from the Chairman, Merit Systems Protection
Board, transmitting annual report of the Merit Systems
Protection Board and review of OPM, pursuant to 5 U.S.C.
1206; to the Committee on Government Reform and Oversight.
2413. A letter from the Chairman, Pennsylvania Avenue
Development Corporation, transmitting the Corporation's
audited financial statements for fiscal year 1995; to the
Committee on Government Reform and Oversight.
2414. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's summary by country program of the fiscal year
1996 budget allocation for the International Narcotics
Control Program, pursuant to 22 U.S.C. 2291(b)(1); jointly,
to the Committees on International Relations and
Appropriations.
2415. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of intended reprograming of foreign aid funds,
pursuant to 22 U.S.C. 2394-1(a); jointly, to the Committees
on International Relations and Appropriations.
2416. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of foreign aid program changes, pursuant to 22
U.S.C. 2394-1(a); jointly, to the Committees on International
Relations and Appropriations.
2417. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of foreign aid program changes, pursuant to 22
U.S.C. 2394-1(a); jointly, to the Committees on International
Relations and Appropriations.
2418. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance Corporation, transmitting
the Corporation's listing of FDIC properties covered by the
Coastal Barrier Improvement Act; jointly, to the Committees
on Resources and Banking and Financial Services.
para.41.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 255. An Act to designate the Federal Justice Building
in Miami, Florida, as the ``James Lawrence King Federal
Justice Building'';
H.R. 869. An Act to designate the Federal building and
United States courthouse located at 125 Market Street in
Youngstown, Ohio, as the ``Thomas D. Lambros Federal Building
and United States Courthouse'';
H.R. 1804. An Act to designate the United States Post
Office-Courthouse located at South 6th and Rogers Avenue,
Fort Smith, Arkansas, as the ``Judge Isaac C. Parker Federal
Building'';
H.R. 2415. An Act to designate the United States Customs
Administrative Building at the Ysleta/Zaragosa Port of Entry
located at 797 South Zaragosa Road in El Paso, Texas, as the
``Timothy C. McCaghren Customs Administrative Building''; and
H.R. 2556. An Act to designate the Federal building located
at 345 Middlefield Road in Menlo Park, California, and known
as the Earth Sciences and Library Building, as the ``Vincent
E. McKelvey Federal Building.''
para.41.5 committees and subcommittees to sit
On motion of Mr. DREIER, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Economic and
Educational Opportunities, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Resources, the Committee on
Small Business, the Committee on Transportation and Infrastructure, the
Committee on Veterans' Affairs, and the Permanent Select Committee on
Intelligence.
para.41.6 providing for the consideration of h.r. 994
On motion of Mr. QUILLEN, by unanimous consent,
Ordered, That House Resolution 368, providing for the consideration of
H.R. 994, the Small Business Growth and Administrative Accountability
Act of 1996, be laid on the table.
para.41.7 providing for the consideration of h.r. 842
Mr. QUILLEN, by direction of the Committee on Rules, called up the
following resolution (H. Res. 396):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 842) to provide
[[Page 815]]
off-budget treatment for the Highway Trust Fund, the Airport
and Airway Trust Fund, the Inland Waterways Trust Fund, and
the Harbor Maintenance Trust Fund. The first reading of the
bill shall be dispensed with. General debate shall be
confined to the bill and shall not exceed two hours equally
divided among and controlled by the chairmen and ranking
minority members of the Committee on Transportation and
Infrastructure and the Committee on the Budget. After general
debate the bill shall be considered for amendment under the
five-minute rule. It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
recommended by the Committee on Transportation and
Infrastructure now printed in the bill. Each section of the
committee amendment in the nature of a substitute shall be
considered as read. During consideration of the bill for
amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an amendment has caused it to be printed in
the portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. QUILLEN, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.41.8 transportation trust funds off-budget
The SPEAKER pro tempore, Mr. GILLMOR, pursuant to House Resolution 396
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 842) to provide off-budget treatment for the Highway Trust Fund,
the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and
the Harbor Maintenance Trust Fund.
The SPEAKER pro tempore, Mr. GILLMOR, by unanimous consent, designated
Mr. DREIER as Chairman of the Committee of the Whole; and after some
time spent therein,
The Committee rose informally to receive messages from the President.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
para.41.9 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
para.41.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MINGE:
At the end of Section 2 insert the following:
(c) Prohibition on Earmarking of Highway Trust Fund
Amounts.--Subsection (a) shall no longer apply with respect
to the Highway Trust Fund after the last day of any fiscal
year in which amounts are made available for obligation from
the Highway Trust Fund for any highway construction project
or activity that is specifically designated in a Federal law,
a report of a committee accompanying a bill enacted into law,
or a joint explanatory statement of conferees accompanying a
conference report, as determined by the Director of the
Office of Management and Budget.
It was decided in the
Yeas
129
<3-line {>
negative
Nays
298
para.41.11 [Roll No. 121]
AYES--129
Allard
Andrews
Archer
Armey
Ballenger
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Bereuter
Bilbray
Boehner
Bonilla
Brownback
Bunn
Bunning
Burr
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clayton
Coleman
Cooley
Cox
Crane
Cubin
Cunningham
Deal
DeLay
Dicks
Dixon
Doggett
Everett
Foglietta
Foley
Franks (CT)
Frelinghuysen
Funderburk
Furse
Gallegly
Goss
Graham
Gunderson
Gutknecht
Hall (TX)
Hancock
Harman
Hayworth
Hefley
Herger
Hilleary
Hoekstra
Hoke
Inglis
Johnson, Sam
Johnston
Jones
Kasich
Kennedy (MA)
Klug
Knollenberg
Kolbe
Largent
Leach
Lightfoot
Linder
Livingston
Luther
Maloney
Manzullo
McCrery
McInnis
Meehan
Meyers
Miller (FL)
Minge
Morella
Myrick
Nethercutt
Neumann
Nussle
Obey
Orton
Packard
Pelosi
Peterson (FL)
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Roemer
Rohrabacher
Roukema
Royce
Salmon
Sanford
Sensenbrenner
Shadegg
Shaw
Shays
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Stark
Stearns
Stenholm
Stockman
Stump
Taylor (NC)
Thornberry
Thurman
Tiahrt
Torkildsen
Walker
Watt (NC)
Waxman
White
Wolf
Yates
Young (FL)
Zimmer
NOES--298
Abercrombie
Ackerman
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Barcia
Barr
Bateman
Beilenson
Bentsen
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Chapman
Chrysler
Clay
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Crapo
Cremeans
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frisa
Frost
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Hall (OH)
Hamilton
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Hilliard
Hinchey
Hobson
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Ney
Norwood
Oberstar
Olver
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Poshard
Quillen
Quinn
Rahall
Rangel
Reed
Richardson
Riggs
Rivers
Roberts
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Spence
Spratt
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Young (AK)
Zeliff
NOT VOTING--5
Fattah
Jackson-Lee (TX)
Nadler
Neal
Wilson
So the amendment was not agreed to.
After some further time spent therein,
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, assumed the Chair.
When Mr. DREIER, Chairman, pursuant to House Resolution 396, reported
the bill back to the House with an amendment adopted by the Committee.
[[Page 816]]
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Budgeting Act''.
SEC. 2. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT
AND AIRWAY TRUST FUND, INLAND WATERWAYS TRUST
FUND, AND HARBOR MAINTENANCE TRUST FUND.
(a) In General.--Notwithstanding any other provision of law
except the Line Item Veto Act of 1996, the receipts and
disbursements of the Highway Trust Fund, the Airport and
Airway Trust Fund, the Inland Waterways Trust Fund, and the
Harbor Maintenance Trust Fund--
(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(A) the budget of the United States Government as submitted
by the President,
(B) the congressional budget (including allocations of
budget authority and outlays provided therein), or
(C) the Balanced Budget and Emergency Deficit Control Act
of 1985; and
(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
(b) Limitation on Interest Paid to Trust Funds.--
(1) In general.--Paragraph (3) of section 9602(b) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new sentence: ``The amount of interest credited
to the Airport and Airway Trust Fund, the Highway Trust Fund,
the Harbor Maintenance Trust Fund, or the Inland Waterways
Trust Fund for any fiscal year shall not exceed the amount of
interest which would be credited to such Fund if such
interest were determined at the average interest rate on 52-
week Treasury securities sold to the public during such
fiscal year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to fiscal years beginning after the date of the
enactment of this Act.
SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT
AND AIRWAY TRUST FUND.
(a) In General.--Chapter 471 of title 49, United States
Code, is amended--
(1) by redesignating section 47131 as section 47132; and
(2) by inserting after section 47130 the following new
section:
``Sec. 47131. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the
Treasury, shall estimate--
``(1) the amount which would (but for this section) be the
unfunded aviation authorizations at the close of the first
fiscal year that begins after that Mach 31, and
``(2) the net aviation receipts at the close of such fiscal
year.
``(b) Procedure if Excess Unfunded Aviation
Authorizations.--If the Secretary determines for any fiscal
year that the amount described in subsection (a)(1) exceeds
the amount described in subsection (a)(2), the Secretary
shall determine the amount of such excess.
``(c) Adjustment of Authorizations if Unfunded
Authorizations Exceed Receipts.--
``(1) Determination of percentage.--If the Secretary
determines that there is an excess referred to in subsection
(b) for a fiscal year, the Secretary shall determine the
percentage which--
``(A) such excess, is of
``(B) the total of the amounts authorized to be
appropriated from the Airport and Airway Trust Fund for the
next fiscal year.
``(2) Adjustment of authorizations.--If the Secretary
determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Airport and Airway
Trust Fund for the next fiscal year shall be reduced by such
percentage.
``(d) Availability of Amounts Previously Withheld.--
``(1) Adjustment of authorizations.--If, after a reduction
has been made under subsection (c)(2), the Secretary
determines that the amount described in subsection (a)(1)
does not exceed the amount described in subsection (a)(2) or
that the excess referred to in subsection (b) is less than
the amount previously determined, each amount authorized to
be appropriated that was reduced under subsection (c)(2)
shall be increased, by an equal percentage, to the extent the
Secretary determines that it may be so increased without
causing the amount described in subsection (a)(1) to exceed
the amount described in subsection (a)(2) (but not by more
than the amount of the reduction).
``(2) Apportionment.--The Secretary shall apportion amounts
made available for apportionment by paragraph (1).
``(3) Period of availability.--Any funds apportioned under
paragraph (2) shall remain available for the period for which
they would be available if such apportionment took effect
with the fiscal year in which they are apportioned under
paragraph (2).
``(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be
reported by the Secretary to Congress.
``(f) Definitions.--For purposes of this section, the
following definitions apply:
``(1) Net aviation receipts.--The term `net aviation
receipts' means, with respect to any period, the excess of--
``(A) the receipts (including interest) of the Airport and
Airway Trust Fund during such period, over
``(B) the amounts to be transferred during such period from
the Airport and Airway Trust Fund under section 9502(d) of
the Internal Revenue Code of 1986 (other than paragraph (1)
thereof).
``(2) Unfunded aviation authorizations.--The term `unfunded
aviation authorization' means, at any time, the excess (if
any) of--
``(A) the total amount authorized to be appropriated from
the Airport and Airway Trust Fund which has not been
appropriated, over
``(B) the amount available in the Airport and Airway Trust
Fund at such time to make such appropriation (after all other
unliquidated obligations at such time which are payable from
the Airport and Airway Trust Fund have been liquidated).''.
(b) Conforming Amendment.--The analysis for chapter 471 of
title 49, United States Code, is amended by striking
``47131. Annual report.''
and inserting the following:
``47131. Safeguards against deficit spending.
``47132. Annual report.''.
SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND
WATERWAYS TRUST FUND AND HARBOR MAINTENANCE
TRUST FUND.
(a) Estimates of Unfunded Inland Waterways Authorizations
and Net Inland Waterways Receipts.--Not later than March 31
of each year, the Secretary of the Army, in consultation with
the Secretary of the Treasury, shall estimate--
(1) the amount which would (but for this section) be the
unfunded inland waterways authorizations and unfunded harbor
maintenance authorizations at the close of the first fiscal
year that begins after that March 31; and
(2) the net inland waterways receipts and net harbor
maintenance receipts at the close of such fiscal year.
(b) Procedure If Excess Unfunded Inland Waterways
Authorizations.--If the Secretary of the Army determines with
respect to the Inland Waterways Trust Fund or the Harbor
Maintenance Trust Fund for any fiscal year that the amount
described in subsection (a)(1) exceeds the amount described
in subsection (a)(2), the Secretary shall determine the
amount of such excess.
(c) Adjustment of Authorizations if Unfunded Authorizations
Exceed Receipts.--
(1) Determination of percentage.--If the Secretary of the
Army determines that there is an excess referred to in
subsection (b) for a fiscal year, the Secretary of the Army
shall determine the percentage which--
(A) such excess, is of
(B) the total of the amounts authorized to be appropriated
from the Inland Waterways Trust Fund or the Harbor
Maintenance Trust Fund, as the case may be, for the next
fiscal year.
(2) Adjustment of authorizations.--If the Secretary of the
Army determines a percentage under paragraph (1), each amount
authorized to be appropriated from the Trust Fund for the
next fiscal year shall be reduced by such percentage.
(d) Availability of Amounts Previously Withheld.--If, after
an adjustment has been made under subsection (c)(2), the
Secretary of the Army determines with respect to the Inland
Waterways Trust Fund or the Harbor Maintenance Trust Fund
that the amount described in subsection (a)(1) does not
exceed the amount described in subsection (a)(2) or that the
excess referred to in subsection (b) with respect to the
Trust Fund is less than the amount previously determined,
each amount authorized to be appropriated that was reduced
under subsection (c)(2) with respect to the Trust Fund shall
be increased, by an equal percentage, to the extent the
Secretary of the Army determines that it may be so increased
without causing the amount described in subsection (a)(1) to
exceed with respect to the Trust Fund the amount described in
subsection (a)(2) (but not by more than the amount of the
reduction).
(e) Reports.--Any estimate under subsection (a) and any
determination under subsection (b), (c), or (d) shall be
reported by the Secretary of the Army to Congress.
(f) Definitions.--For purposes of this section the
following definitions apply:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
(2) Harbor maintenance trust fund.--The term ``Harbor
Maintenance Trust Fund'' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.
(3) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503 of
the Internal Revenue Code of 1986.
(4) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506 of the Internal Revenue Code of
1986.
(5) Net harbor maintenance receipts.--The term ``net harbor
maintenance receipts'' means, with respect to any period, the
re
[[Page 817]]
ceipts (including interest) of the Harbor Maintenance Trust
Fund during such period.
(6) Net inland waterways receipts.--The term ``net inland
waterways receipts'' means, with respect to any period, the
receipts (including interest) of the Inland Waterways Trust
Fund during such period.
(7) Unfunded inland waterways authorizations.--The term
``unfunded inland waterways authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated from the
Inland Waterways Trust Fund which has not been appropriated,
over
(B) the amount available in the Inland Waterways Trust Fund
at such time to make such appropriations.
(8) Unfunded harbor maintenance authorizations.--The term
``unfunded harbor maintenance authorizations'' means, at any
time, the excess (if any) of--
(A) the total amount authorized to be appropriated from the
Harbor Maintenance Trust Fund which has not been
appropriated, over
(B) the amount available in the Harbor Maintenance Trust
Fund at such time to make such appropriations.
SEC. 5. APPLICABILITY.
This Act (including the amendments made by this Act) shall
apply to fiscal years beginning after September 30, 1995.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
nays had it.
Mr. SHUSTER demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
284
<3-line {>
affirmative
Nays
143
para.41.12 [Roll No. 122]
AYES--284
Abercrombie
Ackerman
Allard
Andrews
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bunn
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Chambliss
Chapman
Chenoweth
Chrysler
Clay
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Conyers
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
de la Garza
Deal
DeFazio
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (TX)
Filner
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (NJ)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hefley
Heineman
Herger
Hilleary
Hilliard
Hinchey
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kelly
Kildee
Kim
King
Kleczka
Klink
Klug
LaHood
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Manton
Martinez
Martini
Mascara
McCarthy
McCollum
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Mica
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Myers
Neumann
Ney
Norwood
Oberstar
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Poshard
Quillen
Quinn
Rahall
Richardson
Riggs
Rivers
Roberts
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Rush
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Tiahrt
Torricelli
Towns
Traficant
Upton
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Young (AK)
Zeliff
NOES--143
Archer
Armey
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Berman
Boehner
Bonilla
Bonior
Brown (OH)
Brownback
Bryant (TX)
Bunning
Burr
Castle
Chabot
Christensen
Clayton
Coleman
Collins (IL)
Condit
Cox
Cunningham
Davis
DeLauro
DeLay
Dellums
Dicks
Dingell
Dixon
Doggett
Dooley
Eshoo
Fazio
Fields (LA)
Flake
Foglietta
Frank (MA)
Franks (CT)
Frelinghuysen
Furse
Goss
Hall (OH)
Hancock
Hayworth
Hefner
Hobson
Hoekstra
Hoke
Houghton
Hoyer
Inglis
Jefferson
Johnson, Sam
Johnston
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kingston
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Lazio
Levin
Livingston
Luther
Maloney
Manzullo
Markey
Matsui
McDade
McInnis
Meehan
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moran
Morella
Murtha
Myrick
Neal
Nethercutt
Nussle
Obey
Olver
Orton
Packard
Pelosi
Peterson (FL)
Porter
Portman
Pryce
Radanovich
Ramstad
Reed
Regula
Roemer
Rogers
Roukema
Royce
Sabo
Salmon
Sanford
Schroeder
Sensenbrenner
Shadegg
Shays
Skaggs
Smith (MI)
Smith (TX)
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Taylor (NC)
Thornberry
Thurman
Torkildsen
Torres
Velazquez
Vento
Visclosky
Walker
Watt (NC)
Waxman
White
Wolf
Yates
Young (FL)
Zimmer
NOT VOTING--5
Jackson-Lee (TX)
McCrery
Nadler
Rangel
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.41.13 waiving points of order against the conference report on s.
735
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-552) the resolution (H. Res. 405) waiving points of order against
the conference report to accompany the bill (S. 735) to prevent and
punish acts of terrorism, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.41.14 message from the president--alaska resources
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
I transmit herewith the 1995 Annual Report on Alaska's Mineral
Resources, as required by section 1011 of the Alaska National Interest
Lands Conservation Act (Public Law 96-487; 16 U.S.C. 3151). This report
contains pertinent public information relating to minerals in Alaska
gathered by the U.S. Geological Survey, the U.S. Bureau of Mines, and
other Federal agencies.
William J. Clinton.
The White House, April 17, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Resources.
para.41.15 message from the president--national endowment for the
humanities
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
I am pleased to present to you the 1995 Annual Report of the National
Endowment for the Humanities (NEH). For 30 years, this Federal agency
has given Americans great opportunities to explore and share with each
other our country's vibrant and diverse cultural heritage. Its work
supports an impressive array of humanities projects.
These projects have mined every corner of our tradition, unearthing
all the distinct and different voices, emotions, and ideas that together
make up what is a uniquely American culture. In 1995, they ranged from
an award-winning
[[Page 818]]
television documentary on President Franklin Delano Roosevelt, the radio
production Wade in the Water, to preservation projects that will rescue
750,000 important books from obscurity and archive small community
newspapers from every State in the Union. Pandora's Box, a traveling
museum exhibit of women and myth in classical Greece, drew thousands of
people.
The humanities have long helped Americans bridge differences, learn to
appreciate one another, shore up the foundations of our democracy, and
build strong and vital institutions across our country. At a time when
our society faces new and profound challenges, when so many Americans
feel insecure in the face of change, the presence and accessibility of
the humanities in all our lives can be a powerful source of our renewal
and our unity as we move forward into the 21st century.
William J. Clinton.
The White House, April 17, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Economic and Educational
Opportunities.
para.41.16 leave of absence
By unanimous consent, leave of absence was granted to Ms. JACKSON-LEE,
for today and balance of the week.
And then,
para.41.17 adjournment
On motion of Mrs. CLAYTON, at 8 o'clock and 35 minutes p.m., the House
adjourned.
para.41.18 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Ms. PRYCE: Committee on Rules. House Resolution 405.
Resolution waiving points of order against the conference
report to accompany the bill (S. 735) to prevent and punish
acts of terrorism, and for other purposes (Rept. No. 104-
522). Referred to the House Calendar.
Mr. GILMAN: Committee on International Relations. H.R.
3107. A bill to impose sanctions on persons exporting certain
goods or technology that would enhance Iran's ability to
explore for, extract, refine, or transport by pipeline
petroleum resources, and for other purposes; with amendments
(Rept. No. 104-523 Pt. 1). Ordered to be printed.
para.41.19 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3107. Referral to the Committees on Banking and
Financial Services, Government Reform and Oversight, and Ways
and Means for a period ending not later than May 3, 1996.
para.41.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SKEEN:
H.R. 3258. A bill to direct the Secretary of the Interior
to convey certain real property located within the Carlsbad
project in New Mexico to Carlsbad Irrigation District; to the
Committee on Resources.
By Mr. COMBEST:
H.R. 3259. A bill to authorize appropriations for fiscal
year 1997 for intelligence and intelligence-related
activities of the U.S. Government, the community management
account, and the Central Intelligence Agency retirement and
disability system, for other purposes; to the Committee on
Intelligence (Permanent Select).
By Mr. CRAPO:
H.R. 3260. A bill to amend the Federal Food, Drug, and
Cosmetic Act relating to proposed regulation of pharmacists;
to the Committee on Commerce.
By Mr. FRANK of Massachusetts (for himself, Mr. Dickey,
Mr. Cardin, Mr. Kennedy of Massachusetts, Mrs.
Maloney, Mr. Meehan, Mr. Neal of Massachusetts, Mr.
Pomeroy, and Mr. Rahall):
H.R. 3261. A bill to provide for annual payments from the
surplus funds of the Federal Reserve System to cover the
interest on obligations issued by the Financing Corporation;
to the Committee on Banking and Financial Services.
By Mrs. GREENE of Utah:
H.R. 3262. A bill to amend title XVIII of the Social
Security Act to expand coverage under part B of the Medicare
Program of certain antibiotics which are parenterally
administered in a home setting, and for other purposes; to
the Committee on Commerce, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. JOHNSTON of Florida (for himself, Mr. Frost, Ms.
Lofgren, Mr. McDermott, Mr. Thompson, Mrs. Thurman,
Mrs. Meek of Florida, Mr. Shaw, Mrs. Mink of Hawaii,
Mr. Canady, Mr. Rahall, Mr. Bryant of Texas, Ms.
Norton, and Mr. Frazier):
H.R. 3263. A bill to amend the Omnibus Crime Control and
Safe Street Act of 1968 to establish a national clearinghouse
to assist in background checks of law enforcement applicants;
to the Committee on the Judiciary.
By Ms. NORTON:
H.R. 3264. A bill to waive the Medicaid enrollment
composition rule for D.C. Chartered Health Plan; to the
Committee on Commerce.
By Mr. QUINN (for himself, Mr. English of Pennsylvania,
Mr. Shays, Mr. Gilman, Mr. Walsh, Mr. Horn, Mr.
Houghton, Mr. Boehlert, Mr. Torkildsen, Mrs. Johnson
of Connecticut, Mr. Leach, Mr. Martini, Mr. Lazio of
New York, Mr. Franks of New Jersey, Mr. Forbes, Mr.
Diaz-Balart, Mr. Riggs, Mr. Cremeans, Mr. LaTourette,
and Mr. Blute):
H.R. 3265. A bill to amend the Fair Labor Standards Act of
1938 to increase the minimum wage rate under the act; to the
Committee on Economic and Educational Opportunities.
By Mr. TANNER (for himself, Mr. Castle, Mrs. Lincoln,
Mr. Shays, Mr. Stenholm, Mrs. Morella, Mr. Payne of
Virginia, Mrs. Johnson of Connecticut, Mr. Orton, Mr.
Campbell, Mr. Minge, Mr. Houghton, Mr. Browder, Mr.
Fox, Mr. Cramer, Mr. Boehlert, Mr. Baesler, Mr.
Ramstad, Mr. Holden, Mr. Frelinghuysen, Mr. Lipinski,
Mr. Horn, Mr. Rose, Mr. Fawell, Mrs. Thurman, Mr.
Lazio of New York, Mr. Roemer, Mr. Kolbe, Mr.
Clement, and Mr. Gordon):
H.R. 3266. A bill to restore the American family, enhance
support and work opportunities for families with children,
reduce out-of-wedlock pregnancies, reduce welfare dependence,
and control welfare spending; to the Committee on Ways and
Means, and in addition to the Committees on Agriculture,
Banking and Financial Services, Commerce, Economic and
Educational Opportunities, Government Reform and Oversight,
and the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. PALLONE:
H. Con. Res. 163. Concurrent resolution expressing the
sense of Congress that March 25 be recognized as the
anniversary of the Proclamation of Belarusan Independence,
expressing concern over the Belarusan Government's
infringement on freedom of the press in direct violation of
the Helsinki Accords and the Constitution of Belarus, and
expressing concern about the proposed union between Russia
and Belarus; to the Committee on International Relations.
para.41.21 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Kennedy of Massachusetts and Ms. Woolsey.
H.R. 218: Mr. Hansen.
H.R. 350: Mr. Walsh, Mr. Hayworth, and Mr. Tate.
H.R. 351: Mr. Pickett, Mr. Bryant of Tennessee, Mr. Saxton,
Mr. Ewing, Mrs. Seastrand, and Mr. Hunter.
H.R. 403: Mr. Shays.
H.R. 573: Mr. Bonior and Mr. Andrews.
H.R. 582: Mr. Knollenberg.
H.R. 973: Mr. Lewis of Georgia.
H.R. 1023: Mr. Shuster, Mr. Stokes, and Mr. Largent.
H.R. 1073: Mr. Dingell and Mr. Brown of California.
H.R. 1074: Mr. Dingell and Mr. Brown of California.
H.R. 1127: Mr. Calvert.
H.R. 1179: Ms. Norton, Ms. E. B. Johnson of Texas, Mr. Sam
Johnson, Mr. Jefferson, and Mr. Stokes.
H.R. 1202: Mr. Pickett, Mr. Evans, and Mr. Clyburn.
H.R. 1462: Mr. Menendez, Mr. Gutierrez, and Mr. Smith of
New Jersey.
H.R. 1496: Mr. Scott.
H.R. 1950: Mr. Filner.
H.R. 2214: Mr. Bryant of Tennessee.
H.R. 2335: Mr. Largent, Mr. Pete Geren of Texas, Mr.
Sisisky, Mr. Cramer, Mr. McIntosh, Mr. Bateman, Mr. Camp, Mr.
Skelton, Mr. Rogers, Mr. Ballenger, and Mr. Burr.
H.R. 2579: Mr. Ehrlich, Mr. Manzullo, Mr. Linder, Mr.
Everett, Mr. Taylor of Mississippi, and Mr. Visclosky.
H.R. 2654: Mr. Gutierrez.
H.R. 2655: Mr. Hinchey, Mrs. Lowey, and Mr. LoBiondo.
H.R. 2665: Mr. Frazer, Mr. Levin, Mr. Green of Texas, Mr.
Deutsch, and Mr. Farr.
H.R. 2827: Mr. Hinchey and Mr. Serrano.
H.R. 2834: Mr. Kildee and Mr. Graham.
H.R. 2914: Mr. Gutierrez.
H.R. 2925: Mr. Lightfoot, Mr. Peterson of Minnesota, and
Mr. Payne of Virginia.
H.R. 2959: Mr. Weller.
H.R. 2976: Mrs. Clayton, Mr. Gutierrez, Ms. Jackson-Lee,
Mr. Matsui, Mr. Menendez, and Ms. Woolsey.
H.R. 2996: Mr. Heineman.
H.R. 3004: Mr. Ramstad.
[[Page 819]]
H.R. 3024: Mr. Bishop, Mr. Clyburn, Mr. Williams, Mr.
Owens, Ms. Norton, Mr. Wynn, Mr. Hastings of Florida, Mr.
Frazer, Mr. Engel, Mr. Hall of Ohio, Mr. Hinchey, Mr. Payne
of New Jersey, Mr. Ackerman, Mr. Filner, Ms. McKinney, Mr.
Ortiz, Mr. Lewis of Georgia, Mr. Davis, Ms. Woolsey, Mr.
Hyde, Mr. Gibbons, Mr. Barcia of Michigan, Mr. Farr, Mr.
Pombo, Mr. Towns, Mr. Stump, Mr. Forbes, Mr. Sawyer, Mr.
Torres, Ms. Lofgren, Ms. Slaughter, Mr. Gilchrest, Mr.
Richardson, Mr. Kim, Mr. Pickett, and Mr. Doyle.
H.R. 3039: Mr. Hall of Texas.
H.R. 3060: Mr. Doyle.
H.R. 3067: Mr. Walsh, Mr. Levin, and Ms. Harman.
H.R. 3118: Mr. Faleomavaega and Mr. Manton.
H.R. 3152: Ms. Lofgren.
H.R. 3156: Mr. Nethercutt.
H.R. 3177: Mr. Ramstad, Mrs. Meyers of Kansas, and Mr.
Vento.
H.R. 3180: Mr. Hutchinson, Mr. Holden, Ms. McKinney, and
Ms. Lofgren.
H.R. 3195: Mr. Bunning of Kentucky.
H.R. 3224: Mr. Clement, Mr. Frost, Mr. Clinger, and Mr.
Smith of New Jersey.
H.R. 3238: Ms. Lofgren and Mr. Frost.
H. Con. Res. 105: Mr. Baker of Louisiana.
H. Con. Res. 135: Ms. Slaughter and Ms. Furse.
H. Con. Res. 136: Mr. Hoke, Ms. Pelosi, Mr. Funderburk, Mr.
Lipinski, Mr. Bryant of Texas, Mr. Cardin, Mr. Calvert, and
Mr. Romero-Barcelo.
H. Con. Res. 158: Mrs. Lowey.
H. Res. 347: Mr. Lipinski, Ms. Slaughter, Mr. Dellums, Mr.
Bonior, and Mrs. Lowey.
H. Res. 404: Mr. Conyers, Mr. Ford, Mrs. Collins of
Illinois, Mrs. Clayton, Mr. Rangel, Mr. Owens, Mr. Fields of
Louisiana, Mr. Hilliard, Mr. Frazer, Ms. Norton, Mr. Wynn,
Mr. Dellums, Mr. Jefferson, Mr. Dixon, Mr. Rush, Ms.
McKinney, Mr. Clay, Ms. Jackson-Lee, and Mr. Bishop.
.
THURSDAY, APRIL 18, 1996 (42)
para.42.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. QUINN,
who laid before the House the following communication:
Washington, DC,
April 18, 1996.
I hereby designate the Honorable Jack Quinn to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.42.2 approval of the journal
The SPEAKER pro tempore, Mr. QUINN, announced he had examined and
approved the Journal of the proceedings of Wednesday, April 17, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.42.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2419. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's report on conditions in Hong Kong of interest to
the United States for the period ending March 31, 1996,
pursuant to 22 U.S.C. 5731; to the Committee on International
Relations.
2420. A letter from the Secretary of Veterans Affairs,
transmitting the annual report under the Federal Managers'
Financial Integrity Act for fiscal year 1995, pursuant to 31
U.S.C. 3512(c)(3); to the Committee on Government Reform and
Oversight.
para.42.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the House to the bill (S. 735) ``An Act to prevent and punish acts of
terrorism, and for other purposes.''
The message also announced that pursuant to Public Law 70-770, the
Chair, on behalf of the Vice President, appoints Mr. Breaux to the
Migratory Bird Conservation Commission, vice Mr. Pryor.
para.42.5 tribute to victims of bosnia mission
Mr. GEPHARDT, by unanimous consent, submitted the following resolution
(H. Res. 406):
Whereas Ronald H. Brown served the United States of America
with patriotism and skill as a soldier, a civil rights
leader, and attorney;
Whereas Ronald H. Brown devoted his life to opening doors,
building bridges, and helping those in need;
Whereas Ronald H. Brown lost his life in a tragic airplane
accident on April 3, 1996, while in service to his country on
a mission in Bosnia; and
Whereas thirty-two other Americans from government and
industry who served the Nation with great courage,
achievement, and dedication also lost their lives in the
accident: Now, therefore, be it
Resolved, That the House of Representatives pays tribute to
the remarkable life and career of Ronald H. Brown, and it
extends condolences to his family.
Be it further resolved, That the House of Representatives
also pays tribute to the contributions of all those who
perished, and that we extend our condolences to the families
of: Staff Sergeant Gerald Aldrich, Duane Christian, Barry
Conrad, Paul Cushman III, Adam Darling, Captain Ashley James
Davis, Gail Dobert, Robert Donovan, Claudio Elia, Staff
Sergeant Robert Farrington, Jr., David Ford, Carol Hamilton,
Kathryn Hoffman, Lee Jackson, Steven Kaminiski, Katheryn
Kellogg, Technical Sergeant Shelley Kelly, James Lewek, Frank
Maier, Charles Meissner, William Morton, Walter Murphy,
Mathanial Nash, Lawrence Payne, Leonard Pieroni, Captain
Timothy Shafer, John Scoville, I. Donald Terner, P. Stuart
Tholan, Technical Sergeant Cheryl Ann Turnage, Naomi
Warbasse, and Robert Whittaker.
Sec. 2. The Clerk of the House shall transmit a copy of the
resolution to each of the families.
When said resolution was considered.
After debate,
On motion of Mr. DINGELL, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. SHAW, announced that the yeas had it.
Mr. DINGELL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
423
When there appeared
<3-line {>
Nays
0
para.42.6 [Roll No. 123]
YEAS--423
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
[[Page 820]]
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Fields (TX)
Geren
Gibbons
Hayes
Hinchey
Jackson-Lee (TX)
Kasich
Lantos
Rose
Tanner
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.42.7 waiving points of order against the conference report to
accompany s. 735
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 405):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 735) to prevent and punish acts of terrorism, and
for other purposes. All points of order against the
conference report and against its consideration are waived.
When said resolution was considered.
After debate,
Ms. PRYCE moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question on the resolution?
The SPEAKER pro tempore, Mr. GILLMOR, announced that the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
274
When there appeared
<3-line {>
Nays
148
para.42.8 [Roll No. 124]
YEAS--274
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--148
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Danner
de la Garza
DeLauro
Dellums
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Peterson (FL)
Pomeroy
Radanovich
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Slaughter
Stark
Stokes
Studds
Stupak
Thompson
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Weller
Wilson
Woolsey
Wynn
Yates
NOT VOTING--10
Bartlett
Dingell
Fields (TX)
Gibbons
Hayes
Jackson-Lee (TX)
McIntosh
Skaggs
Souder
Tanner
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. GILLMOR, announced that the yeas had it.
Mr. DICKS demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
289
<3-line {>
affirmative
Nays
125
para.42.9 [Roll No. 125]
AYES--289
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
[[Page 821]]
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crapo
Cremeans
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kennelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanford
Saxton
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--125
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Berman
Bishop
Bonior
Brown (CA)
Brown (OH)
Bryant (TX)
Chapman
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Danner
Dellums
Dixon
Doggett
Dooley
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Klink
LaHood
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McDermott
McKinney
Meehan
Meek
Miller (CA)
Minge
Mink
Mollohan
Myers
Nadler
Neal
Oberstar
Obey
Olver
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Rahall
Rangel
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Scarborough
Schroeder
Scott
Serrano
Skaggs
Slaughter
Souder
Spratt
Stark
Stokes
Studds
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weller
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--18
Crane
Cubin
DeFazio
Dingell
Fields (TX)
Forbes
Greenwood
Hayes
Hunter
Jackson-Lee (TX)
Largent
McIntosh
Millender-McDonald
Owens
Reed
Salmon
Tanner
Thompson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.42.10 anti-terorrism
Mr. HYDE, pursuant to House Resolution 405, called up the following
conference report (Rept. No. 104-518):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
735), to prevent and punish acts of terrorism, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antiterrorism and Effective
Death Penalty Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--HABEAS CORPUS REFORM
Sec. 101. Filing deadlines.
Sec. 102. Appeal.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Sec. 201. Short title.
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Sec. 221. Jurisdiction for lawsuits against terrorist states.
Subtitle C--Assistance to Victims of Terrorism
Sec. 231. Short title.
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of
crime.
Sec. 236. Technical correction.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
Sec. 301. Findings and purpose.
Sec. 302. Designation of foreign terrorist organizations.
Sec. 303. Prohibition on terrorist fundraising.
Subtitle B--Prohibition on Assistance to Terrorist States
Sec. 321. Financial transactions with terrorists.
Sec. 322. Foreign air travel safety.
Sec. 323. Modification of material support provision.
Sec. 324. Findings.
Sec. 325. Prohibition on assistance to countries that aid terrorist
states.
Sec. 326. Prohibition on assistance to countries that provide military
equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial
institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for
countries not cooperating fully with United States
antiterrorism efforts.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
Sec. 401. Alien terrorist removal.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations
Sec. 411. Exclusion of alien terrorists.
Sec. 412. Waiver authority concerning notice of denial of application
for visas.
Sec. 413. Denial of other relief for alien terrorists.
Sec. 414. Exclusion of aliens who have not been inspected and admitted.
Subtitle C--Modification to Asylum Procedures
Sec. 421. Denial of asylum to alien terrorists.
Sec. 422. Inspection and exclusion by immigration officers.
Sec. 423. Judicial review.
Subtitle D--Criminal Alien Procedural Improvements
Sec. 431. Restricting the defense to exclusion based on 7 years
permanent residence for certain criminal aliens.
Sec. 432. Access to certain confidential immigration and naturalization
files through court order.
[[Page 822]]
Sec. 433. Criminal alien identification system.
Sec. 434. Establishing certain alien smuggling-related crimes as RICO-
predicate offenses.
Sec. 435. Authority for alien smuggling investigations.
Sec. 436. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 437. Miscellaneous provisions.
Sec. 438. Interior repatriation program.
Sec. 439. Deportation of nonviolent offenders prior to completion of
sentence of imprisonment.
Sec. 440. Authorizing State and local law enforcement officials to
arrest and detain certain illegal aliens.
Sec. 441. Criminal alien removal.
Sec. 442. Limitation on collateral attacks on underlying deportation
order.
Sec. 443. Deportation procedures for certain criminal aliens who are
not permanent residents.
Sec. 444. Extradition of aliens.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear
materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from
armories.
Subtitle B--Biological Weapons Restrictions
Sec. 511. Enhanced penalties and control of biological agents.
Subtitle C--Chemical Weapons Restrictions
Sec. 521. Chemical weapons of mass destruction; study of facility for
training and evaluation of personnel who respond to use
of chemical or biological weapons in urban and suburban
areas.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
Sec. 601. Findings and purposes.
Sec. 602. Definitions.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 605. Exceptions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
Sec. 701. Increased penalty for conspiracies involving explosives.
Sec. 702. Acts of terrorism transcending national boundaries.
Sec. 703. Expansion of provision relating to destruction or injury of
property within special maritime and territorial
jurisdiction.
Sec. 704. Conspiracy to harm people and property overseas.
Sec. 705. Increased penalties for certain terrorism crimes.
Sec. 706. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of
violence.
Sec. 707. Possession of stolen explosives prohibited.
Sec. 708. Enhanced penalties for use of explosives or arson crimes.
Sec. 709. Determination of constitutionality of restricting the
dissemination of bomb-making instructional materials.
Subtitle B--Criminal Procedures
Sec. 721. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 722. Clarification of maritime violence jurisdiction.
Sec. 723. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 724. Clarification of Federal jurisdiction over bomb threats.
Sec. 725. Expansion and modification of weapons of mass destruction
statute.
Sec. 726. Addition of terrorism offenses to the money laundering
statute.
Sec. 727. Protection of Federal employees; protection of current or
former officials, officers, or employees of the United
States.
Sec. 728. Death penalty aggravating factor.
Sec. 729. Detention hearing.
Sec. 730. Directions to Sentencing Commission.
Sec. 731. Exclusion of certain types of information from definitions.
Sec. 732. Marking, rendering inert, and licensing of explosive
materials.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
Sec. 801. Overseas law enforcement training activities.
Sec. 802. Sense of Congress.
Sec. 803. Protection of Federal Government buildings in the District of
Columbia.
Sec. 804. Requirement to preserve record evidence.
Sec. 805. Deterrent against terrorist activity damaging a Federal
interest computer.
Sec. 806. Commission on the Advancement of Federal Law Enforcement.
Sec. 807. Combatting international counterfeiting of United States
currency.
Sec. 808. Compilation of statistics relating to intimidation of
Government employees.
Sec. 809. Assessing and reducing the threat to law enforcement officers
from the criminal use of firearms and ammunition.
Sec. 810. Study and report on electronic surveillance.
Subtitle B--Funding Authorizations for Law Enforcement
Sec. 811. Federal Bureau of Investigation.
Sec. 812. United States Customs Service.
Sec. 813. Immigration and Naturalization Service.
Sec. 814. Drug Enforcement Administration.
Sec. 815. Department of Justice.
Sec. 816. Department of the Treasury.
Sec. 817. United States Park Police.
Sec. 818. The Judiciary.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive
detection devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism
technologies.
Sec. 822. Grants to State and local law enforcement for training and
equipment.
Sec. 823. Funding source.
TITLE IX--MISCELLANEOUS
Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
Sec. 904. Severability.
TITLE I--HABEAS CORPUS REFORM
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of--
``(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, if the
applicant was prevented from filing by such State action;
``(C) the date on which the constitutional right asserted
was initially recognized by the Supreme Court, if the right
has been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
``(D) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``(2) The time during which a properly filed application
for State post-conviction or other collateral review with
respect to the pertinent judgment or claim is pending shall
not be counted toward any period of limitation under this
subsection.''.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is amended to
read as follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under
section 2255 before a district judge, the final order shall
be subject to review, on appeal, by the court of appeals for
the circuit in which the proceeding is held.
``(b) There shall be no right of appeal from a final order
in a proceeding to test the validity of a warrant to remove
to another district or place for commitment or trial a person
charged with a criminal offense against the United States, or
to test the validity of such person's detention pending
removal proceedings.
``(c)(1) Unless a circuit justice or judge issues a
certificate of appealability, an appeal may not be taken to
the court of appeals from--
``(A) the final order in a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court; or
``(B) the final order in a proceeding under section 2255.
``(2) A certificate of appealability may issue under
paragraph (1) only if the applicant has made a substantial
showing of the denial of a constitutional right.
``(3) The certificate of appealability under paragraph (1)
shall indicate which specific issue or issues satisfy the
showing required by paragraph (2).''.
SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is
amended to read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application
for a writ of habeas corpus shall be made to the appropriate
district court. If application is made to a circuit judge,
the application shall be transferred to the appropriate
district court. If an application is made to or transferred
to the district court and denied, renewal of the application
before a circuit judge shall not be permitted. The applicant
may, pursuant to section 2253
[[Page 823]]
of title 28, United States Code, appeal to the appropriate
court of appeals from the order of the district court denying
the writ.
``(b) Certificate of Appealability.--In a habeas corpus
proceeding in which the detention complained of arises out of
process issued by a State court, an appeal by the applicant
for the writ may not proceed unless a district or a circuit
judge issues a certificate of appealability pursuant to
section 2253(c) of title 28, United States Code. If an appeal
is taken by the applicant, the district judge who rendered
the judgment shall either issue a certificate of
appealability or state the reasons why such a certificate
should not issue. The certificate or the statement shall be
forwarded to the court of appeals with the notice of appeal
and the file of the proceedings in the district court. If the
district judge has denied the certificate, the applicant for
the writ may then request issuance of the certificate by a
circuit judge. If such a request is addressed to the court of
appeals, it shall be deemed addressed to the judges thereof
and shall be considered by a circuit judge or judges as the
court deems appropriate. If no express request for a
certificate is filed, the notice of appeal shall be deemed to
constitute a request addressed to the judges of the court of
appeals. If an appeal is taken by a State or its
representative, a certificate of appealability is not
required.''.
SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on
behalf of a person in custody pursuant to the judgment of a
State court shall not be granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be
denied on the merits, notwithstanding the failure of the
applicant to exhaust the remedies available in the courts of
the State.
``(3) A State shall not be deemed to have waived the
exhaustion requirement or be estopped from reliance upon the
requirement unless the State, through counsel, expressly
waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not be granted with respect to any claim that was
adjudicated on the merits in State court proceedings unless
the adjudication of the claim--
``(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a
writ of habeas corpus by a person in custody pursuant to the
judgment of a State court, a determination of a factual issue
made by a State court shall be presumed to be correct. The
applicant shall have the burden of rebutting the presumption
of correctness by clear and convincing evidence.
``(2) If the applicant has failed to develop the factual
basis of a claim in State court proceedings, the court shall
not hold an evidentiary hearing on the claim unless the
applicant shows that--
``(A) the claim relies on--
``(i) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable; or
``(ii) a factual predicate that could not have been
previously discovered through the exercise of due diligence;
and
``(B) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have
found the applicant guilty of the underlying offense.''; and
(5) by adding at the end the following new subsections:
``(h) Except as provided in section 408 of the Controlled
Substances Act, in all proceedings brought under this
section, and any subsequent proceedings on review, the court
may appoint counsel for an applicant who is or becomes
financially unable to afford counsel, except as provided by a
rule promulgated by the Supreme Court pursuant to statutory
authority. Appointment of counsel under this section shall be
governed by section 3006A of title 18.
``(i) The ineffectiveness or incompetence of counsel during
Federal or State collateral post-conviction proceedings shall
not be a ground for relief in a proceeding arising under
section 2254.''.
SEC. 105. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new undesignated
paragraphs:
``A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the
Constitution or laws of the United States is removed, if the
movant was prevented from making a motion by such
governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``Except as provided in section 408 of the Controlled
Substances Act, in all proceedings brought under this
section, and any subsequent proceedings on review, the court
may appoint counsel, except as provided by a rule promulgated
by the Supreme Court pursuant to statutory authority.
Appointment of counsel under this section shall be governed
by section 3006A of title 18.
``A second or successive motion must be certified as
provided in section 2244 by a panel of the appropriate court
of appeals to contain--
``(1) newly discovered evidence that, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that no reasonable
factfinder would have found the movant guilty of the offense;
or
``(2) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable.''.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section
2244(a) of title 28, United States Code, is amended by
striking ``and the petition'' and all that follows through
``by such inquiry.'' and inserting ``, except as provided in
section 2255.''.
(b) Limits on Second or Successive Applications.--Section
2244(b) of title 28, United States Code, is amended to read
as follows:
``(b)(1) A claim presented in a second or successive habeas
corpus application under section 2254 that was presented in a
prior application shall be dismissed.
``(2) A claim presented in a second or successive habeas
corpus application under section 2254 that was not presented
in a prior application shall be dismissed unless--
``(A) the applicant shows that the claim relies on a new
rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court, that was previously
unavailable; or
``(B)(i) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have
found the applicant guilty of the underlying offense.
``(3)(A) Before a second or successive application
permitted by this section is filed in the district court, the
applicant shall move in the appropriate court of appeals for
an order authorizing the district court to consider the
application.
``(B) A motion in the court of appeals for an order
authorizing the district court to consider a second or
successive application shall be determined by a three-judge
panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a
second or successive application only if it determines that
the application makes a prima facie showing that the
application satisfies the requirements of this subsection.
``(D) The court of appeals shall grant or deny the
authorization to file a second or successive application not
later than 30 days after the filing of the motion.
``(E) The grant or denial of an authorization by a court of
appeals to file a second or successive application shall not
be appealable and shall not be the subject of a petition for
rehearing or for a writ of certiorari.
``(4) A district court shall dismiss any claim presented in
a second or successive application that the court of appeals
has authorized to be filed unless the applicant shows that
the claim satisfies the requirements of this section.''.
SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--
Title 28, United States Code, is amended by inserting after
chapter 153 the following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
[[Page 824]]
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital
sentence; appointment of counsel; requirement of rule of
court or statute; procedures for appointment
``(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who are
subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
``(b) This chapter is applicable if a State establishes by
statute, rule of its court of last resort, or by another
agency authorized by State law, a mechanism for the
appointment, compensation, and payment of reasonable
litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose
capital convictions and sentences have been upheld on direct
appeal to the court of last resort in the State or have
otherwise become final for State law purposes. The rule of
court or statute must provide standards of competency for the
appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must
offer counsel to all State prisoners under capital sentence
and must provide for the entry of an order by a court of
record--
``(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and
(c) to represent a State prisoner under capital sentence
shall have previously represented the prisoner at trial or on
direct appeal in the case for which the appointment is made
unless the prisoner and counsel expressly request continued
representation.
``(e) The ineffectiveness or incompetence of counsel during
State or Federal post-conviction proceedings in a capital
case shall not be a ground for relief in a proceeding arising
under section 2254. This limitation shall not preclude the
appointment of different counsel, on the court's own motion
or at the request of the prisoner, at any phase of State or
Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such
proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on
stays of execution; successive petitions
``(a) Upon the entry in the appropriate State court of
record of an order under section 2261(c), a warrant or order
setting an execution date for a State prisoner shall be
stayed upon application to any court that would have
jurisdiction over any proceedings filed under section 2254.
The application shall recite that the State has invoked the
post-conviction review procedures of this chapter and that
the scheduled execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection
(a) shall expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
``(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised
of the consequences, a State prisoner under capital sentence
waives the right to pursue habeas corpus review under section
2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and
fails to make a substantial showing of the denial of a
Federal right or is denied relief in the district court or at
any subsequent stage of review.
``(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the
authority to enter a stay of execution in the case, unless
the court of appeals approves the filing of a second or
successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time
requirements; tolling rules
``(a) Any application under this chapter for habeas corpus
relief under section 2254 must be filed in the appropriate
district court not later than 180 days after final State
court affirmance of the conviction and sentence on direct
review or the expiration of the time for seeking such review.
``(b) The time requirements established by subsection (a)
shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of
the petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until
the final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days,
if--
``(A) a motion for an extension of time is filed in the
Federal district court that would have jurisdiction over the
case upon the filing of a habeas corpus application under
section 2254; and
``(B) a showing of good cause is made for the failure to
file the habeas corpus application within the time period
established by this section.
``Sec. 2264. Scope of Federal review; district court
adjudications
``(a) Whenever a State prisoner under capital sentence
files a petition for habeas corpus relief to which this
chapter applies, the district court shall only consider a
claim or claims that have been raised and decided on the
merits in the State courts, unless the failure to raise the
claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court's recognition of a
new Federal right that is made retroactively applicable; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction
review.
``(b) Following review subject to subsections (a), (d), and
(e) of section 2254, the court shall rule on the claims
properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review'
procedure means a State procedure that authorizes a person
under sentence of death to raise, in the course of direct
review of the judgment, such claims as could be raised on
collateral attack. This chapter shall apply, as provided in
this section, in relation to a State unitary review procedure
if the State establishes by rule of its court of last resort
or by statute a mechanism for the appointment, compensation,
and payment of reasonable litigation expenses of competent
counsel in the unitary review proceedings, including expenses
relating to the litigation of collateral claims in the
proceedings. The rule of court or statute must provide
standards of competency for the appointment of such counsel.
``(b) To qualify under this section, a unitary review
procedure must include an offer of counsel following trial
for the purpose of representation on unitary review, and
entry of an order, as provided in section 2261(c), concerning
appointment of counsel or waiver or denial of appointment of
counsel for that purpose. No counsel appointed to represent
the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for
which the appointment is made unless the prisoner and counsel
expressly request continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in
relation to cases involving a sentence of death from any
State having a unitary review procedure that qualifies under
this section. References to State `post-conviction review'
and `direct review' in such sections shall be understood as
referring to unitary review under the State procedure. The
reference in section 2262(a) to `an order under section
2261(c)' shall be understood as referring to the post-trial
order under subsection (b) concerning representation in the
unitary review proceedings, but if a transcript of the trial
proceedings is unavailable at the time of the filing of such
an order in the appropriate State court, then the start of
the 180-day limitation period under section 2263 shall be
deferred until a transcript is made available to the prisoner
or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications
and motions
``(a) The adjudication of any application under section
2254 that is subject to this chapter, and the adjudication of
any motion under section 2255 by a person under sentence of
death, shall be given priority by the district court and by
the court of appeals over all noncapital matters.
``(b)(1)(A) A district court shall render a final
determination and enter a final judgment on any application
for a writ of habeas corpus brought under this chapter in a
capital case not later than 180 days after the date on which
the application is filed.
``(B) A district court shall afford the parties at least
120 days in which to complete all actions, including the
preparation of all pleadings and briefs, and if necessary, a
hearing, prior to the submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in
subparagraph (A), the rendering of a determination of an
application for a writ of habeas corpus if the court issues a
written order making a finding, and stating the reasons for
the finding, that the ends of justice that would be served by
allowing the delay outweigh the best interests of the public
and the applicant in a speedy disposition of the application.
``(ii) The factors, among others, that a court shall
consider in determining whether a delay in the disposition of
an application is warranted are as follows:
``(I) Whether the failure to allow the delay would be
likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or
the existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
[[Page 825]]
``(III) Whether the failure to allow a delay in a case
that, taken as a whole, is not so unusual or so complex as
described in subclause (II), but would otherwise deny the
applicant reasonable time to obtain counsel, would
unreasonably deny the applicant or the government continuity
of counsel, or would deny counsel for the applicant or the
government the reasonable time necessary for effective
preparation, taking into account the exercise of due
diligence.
``(iii) No delay in disposition shall be permissible
because of general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued
under clause (i) to the Director of the Administrative Office
of the United States Courts for inclusion in the report under
paragraph (5).
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or
the Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3)(A) The time limitations under this section shall not
be construed to entitle an applicant to a stay of execution,
to which the applicant would otherwise not be entitled, for
the purpose of litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas
corpus under this chapter shall be permitted after the filing
of the answer to the application, except on the grounds
specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by petitioning for a writ of mandamus to the court of
appeals. The court of appeals shall act on the petition for a
writ of mandamus not later than 30 days after the filing of
the petition.
``(5)(A) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance
by the district courts with the time limitations under this
section.
``(B) The report described in subparagraph (A) shall
include copies of the orders submitted by the district courts
under paragraph (1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a
final determination of any appeal of an order granting or
denying, in whole or in part, an application brought under
this chapter in a capital case not later than 120 days after
the date on which the reply brief is filed, or if no reply
brief is filed, not later than 120 days after the date on
which the answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc
not later than 30 days after the date on which the petition
for rehearing is filed unless a responsive pleading is
required, in which case the court shall decide whether to
grant the petition not later than 30 days after the date on
which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is
granted, the court of appeals shall hear and render a final
determination of the appeal not later than 120 days after the
date on which the order granting rehearing or rehearing en
banc is entered.
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the
court of appeals en banc or the Supreme Court for further
proceedings, in which case the limitation period shall run
from the date the remand is ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to
which the applicant would otherwise not be entitled, for the
purpose of litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by applying for a writ of mandamus to the Supreme
Court.
``(5) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance
by the courts of appeals with the time limitations under this
section.''.
(b) Technical Amendment.--The part analysis for part IV of
title 28, United States Code, is amended by adding after the
item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases
2261.''.
(c) Effective Date.--Chapter 154 of title 28, United States
Code (as added by subsection (a)) shall apply to cases
pending on or after the date of enactment of this Act.
SEC. 108. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C.
848(q)) is amended by amending paragraph (9) to read as
follows:
``(9) Upon a finding that investigative, expert, or other
services are reasonably necessary for the representation of
the defendant, whether in connection with issues relating to
guilt or the sentence, the court may authorize the
defendant's attorneys to obtain such services on behalf of
the defendant and, if so authorized, shall order the payment
of fees and expenses therefor under paragraph (10). No ex
parte proceeding, communication, or request may be considered
pursuant to this section unless a proper showing is made
concerning the need for confidentiality. Any such proceeding,
communication, or request shall be transcribed and made a
part of the record available for appellate review.''.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Mandatory Victims
Restitution Act of 1996''.
SEC. 202. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``sections 3663 and 3664.'' and inserting
``section 3663A, and may order restitution in accordance with
section 3663. The procedures under section 3664 shall apply
to all orders of restitution under this section.''.
SEC. 203. CONDITIONS OF PROBATION.
Section 3563 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in the first paragraph (4) (relating to conditions of
probation for a domestic crime of violence), by striking the
period and inserting a semicolon;
(C) by redesignating the second paragraph (4) (relating to
conditions of probation concerning drug use and testing) as
paragraph (5);
(D) in paragraph (5), as redesignated, by striking the
period at the end and inserting a semicolon; and
(E) by inserting after paragraph (5), as redesignated, the
following new paragraphs:
``(6) that the defendant--
``(A) make restitution in accordance with sections 2248,
2259, 2264, 2327, 3663, 3663A, and 3664; and
``(B) pay the assessment imposed in accordance with section
3013; and
``(7) that the defendant will notify the court of any
material change in the defendant's economic circumstances
that might affect the defendant's ability to pay restitution,
fines, or special assessments.''; and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (22) as
paragraphs (2) through (21), respectively; and
(C) by amending paragraph (2), as redesignated, to read as
follows:
``(2) make restitution to a victim of the offense under
section 3556 (but not subject to the limitation of section
3663(a) or 3663A(c)(1)(A));''.
SEC. 204. MANDATORY RESTITUTION.
(a) In General.--Chapter 232 of title 18, United States
Code, is amended by inserting immediately after section 3663
the following new section:
``Sec. 3663A. Mandatory restitution to victims of certain
crimes
``(a)(1) Notwithstanding any other provision of law, when
sentencing a defendant convicted of an offense described in
subsection (c), the court shall order, in addition to, or in
the case of a misdemeanor, in addition to or in lieu of, any
other penalty authorized by law, that the defendant make
restitution to the victim of the offense or, if the victim is
deceased, to the victim's estate.
``(2) For the purposes of this section, the term `victim'
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's
estate, another family member, or any other person appointed
as suitable by the court, may assume the victim's rights
under this section, but in no event shall the defendant be
named as such representative or guardian.
``(3) The court shall also order, if agreed to by the
parties in a plea agreement, restitution to persons other
than the victim of the offense.
``(b) The order of restitution shall require that such
defendant--
``(1) in the case of an offense resulting in damage to or
loss or destruction of property of a victim of the offense--
``(A) return the property to the owner of the property or
someone designated by the owner; or
``(B) if return of the property under subparagraph (A) is
impossible, impracticable, or inadequate, pay an amount equal
to--
``(i) the greater of--
``(I) the value of the property on the date of the damage,
loss, or destruction; or
``(II) the value of the property on the date of sentencing,
less
[[Page 826]]
``(ii) the value (as of the date the property is returned)
of any part of the property that is returned;
``(2) in the case of an offense resulting in bodily injury
to a victim--
``(A) pay an amount equal to the cost of necessary medical
and related professional services and devices relating to
physical, psychiatric, and psychological care, including
nonmedical care and treatment rendered in accordance with a
method of healing recognized by the law of the place of
treatment;
``(B) pay an amount equal to the cost of necessary physical
and occupational therapy and rehabilitation; and
``(C) reimburse the victim for income lost by such victim
as a result of such offense;
``(3) in the case of an offense resulting in bodily injury
that results in the death of the victim, pay an amount equal
to the cost of necessary funeral and related services; and
``(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
incurred during participation in the investigation or
prosecution of the offense or attendance at proceedings
related to the offense.
``(c)(1) This section shall apply in all sentencing
proceedings for convictions of, or plea agreements relating
to charges for, any offense--
``(A) that is--
``(i) a crime of violence, as defined in section 16;
``(ii) an offense against property under this title,
including any offense committed by fraud or deceit; or
``(iii) an offense described in section 1365 (relating to
tampering with consumer products); and
``(B) in which an identifiable victim or victims has
suffered a physical injury or pecuniary loss.
``(2) In the case of a plea agreement that does not result
in a conviction for an offense described in paragraph (1),
this section shall apply only if the plea specifically states
that an offense listed under such paragraph gave rise to the
plea agreement.
``(3) This section shall not apply in the case of an
offense described in paragraph (1)(A)(ii) if the court finds,
from facts on the record, that--
``(A) the number of identifiable victims is so large as to
make restitution impracticable; or
``(B) determining complex issues of fact related to the
cause or amount of the victim's losses would complicate or
prolong the sentencing process to a degree that the need to
provide restitution to any victim is outweighed by the burden
on the sentencing process.
``(d) An order of restitution under this section shall be
issued and enforced in accordance with section 3664.''.
(b) Clerical Amendment.--The analysis for chapter 232 of
title 18, United States Code, is amended by inserting
immediately after the matter relating to section 3663 the
following:
``3663A. Mandatory restitution to victims of certain crimes.''.
SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.
(a) In General.--Section 3663 of title 18, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``(a)(1) The court'' and inserting
``(a)(1)(A) The court'';
(B) by inserting ``, section 401, 408(a), 409, 416, 420, or
422(a) of the Controlled Substances Act (21 U.S.C. 841,
848(a), 849, 856, 861, 863) (but in no case shall a
participant in an offense under such sections be considered a
victim of such offense under this section),'' before ``or
section 46312,'';
(C) by inserting ``other than an offense described in
section 3663A(c),'' after ``title 49,'';
(D) by inserting before the period at the end the
following: ``, or if the victim is deceased, to the victim's
estate'';
(E) by adding at the end the following new subparagraph:
``(B)(i) The court, in determining whether to order
restitution under this section, shall consider--
``(I) the amount of the loss sustained by each victim as a
result of the offense; and
``(II) the financial resources of the defendant, the
financial needs and earning ability of the defendant and the
defendant's dependents, and such other factors as the court
deems appropriate.
``(ii) To the extent that the court determines that the
complication and prolongation of the sentencing process
resulting from the fashioning of an order of restitution
under this section outweighs the need to provide restitution
to any victims, the court may decline to make such an
order.''; and
(F) by amending paragraph (2) to read as follows:
``(2) For the purposes of this section, the term `victim'
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's
estate, another family member, or any other person appointed
as suitable by the court, may assume the victim's rights
under this section, but in no event shall the defendant be
named as such representative or guardian.'';
(2) by striking subsections (c) through (i); and
(3) by adding at the end the following new subsections:
``(c)(1) Notwithstanding any other provision of law (but
subject to the provisions of subsections (a)(1)(B) (i)(II)
and (ii), when sentencing a defendant convicted of an offense
described in section 401, 408(a), 409, 416, 420, or 422(a) of
the Controlled Substances Act (21 U.S.C. 841, 848(a), 849,
856, 861, 863), in which there is no identifiable victim, the
court may order that the defendant make restitution in
accordance with this subsection.
``(2)(A) An order of restitution under this subsection
shall be based on the amount of public harm caused by the
offense, as determined by the court in accordance with
guidelines promulgated by the United States Sentencing
Commission.
``(B) In no case shall the amount of restitution ordered
under this subsection exceed the amount of the fine ordered
for the offense charged in the case.
``(3) Restitution under this subsection shall be
distributed as follows:
``(A) 65 percent of the total amount of restitution shall
be paid to the State entity designated to administer crime
victim assistance in the State in which the crime occurred.
``(B) 35 percent of the total amount of restitution shall
be paid to the State entity designated to receive Federal
substance abuse block grant funds.
``(4) The court shall not make an award under this
subsection if it appears likely that such award would
interfere with a forfeiture under chapter 46 of this title or
under the Controlled Substances Act (21 U.S.C. 801 et seq.).
``(5) Notwithstanding section 3612(c) or any other
provision of law, a penalty assessment under section 3013 or
a fine under subchapter C of chapter 227 shall take
precedence over an order of restitution under this
subsection.
``(6) Requests for community restitution under this
subsection may be considered in all plea agreements
negotiated by the United States.
``(7)(A) The United States Sentencing Commission shall
promulgate guidelines to assist courts in determining the
amount of restitution that may be ordered under this
subsection.
``(B) No restitution shall be ordered under this subsection
until such time as the Sentencing Commission promulgates
guidelines pursuant to this paragraph.
``(d) An order of restitution made pursuant to this section
shall be issued and enforced in accordance with section
3664.''.
(b) Sexual Abuse.--Section 2248 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay to the victim
(through the appropriate court mechanism) the full amount of
the victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with
section 3664 in the same manner as an order under section
3663A.'';
(C) in paragraph (4), by striking subparagraphs (C) and
(D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
(c) Sexual Exploitation and Other Abuse of Children.--
Section 2259 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the
victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with
section 3664 in the same manner as an order under section
3663A.'';
(C) in paragraph (4), by striking subparagraphs (C) and
(D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (e).
(d) Domestic Violence.--Section 2264 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the
victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with
section 3664 in the
[[Page 827]]
same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C) and
(D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new subsection (c):
``(c) Victim Defined.--For purposes of this section, the
term `victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim
or representative of the victim's estate, another family
member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.''.
(e) Telemarketing Fraud.--Section 2327 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay to the victim
(through the appropriate court mechanism) the full amount of
the victim's losses as determined by the court pursuant to
paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with
section 3664 in the same manner as an order under section
3663A.'';
(C) in paragraph (4), by striking subparagraphs (C) and
(D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.
(a) In General.--Section 3664 of title 18, United States
Code, is amended to read as follows:
``Sec. 3664. Procedure for issuance and enforcement of order
of restitution
``(a) For orders of restitution under this title, the court
shall order the probation officer to obtain and include in
its presentence report, or in a separate report, as the court
may direct, information sufficient for the court to exercise
its discretion in fashioning a restitution order. The report
shall include, to the extent practicable, a complete
accounting of the losses to each victim, any restitution owed
pursuant to a plea agreement, and information relating to the
economic circumstances of each defendant. If the number or
identity of victims cannot be reasonably ascertained, or
other circumstances exist that make this requirement clearly
impracticable, the probation officer shall so inform the
court.
``(b) The court shall disclose to both the defendant and
the attorney for the Government all portions of the
presentence or other report pertaining to the matters
described in subsection (a) of this section.
``(c) The provisions of this chapter, chapter 227, and Rule
32(c) of the Federal Rules of Criminal Procedure shall be the
only rules applicable to proceedings under this section.
``(d)(1) Upon the request of the probation officer, but not
later than 60 days prior to the date initially set for
sentencing, the attorney for the Government, after
consulting, to the extent practicable, with all identified
victims, shall promptly provide the probation officer with a
listing of the amounts subject to restitution.
``(2) The probation officer shall, prior to submitting the
presentence report under subsection (a), to the extent
practicable--
``(A) provide notice to all identified victims of--
``(i) the offense or offenses of which the defendant was
convicted;
``(ii) the amounts subject to restitution submitted to the
probation officer;
``(iii) the opportunity of the victim to submit information
to the probation officer concerning the amount of the
victim's losses;
``(iv) the scheduled date, time, and place of the
sentencing hearing;
``(v) the availability of a lien in favor of the victim
pursuant to subsection (m)(1)(B); and
``(vi) the opportunity of the victim to file with the
probation officer a separate affidavit relating to the amount
of the victim's losses subject to restitution; and
``(B) provide the victim with an affidavit form to submit
pursuant to subparagraph (A)(vi).
``(3) Each defendant shall prepare and file with the
probation officer an affidavit fully describing the financial
resources of the defendant, including a complete listing of
all assets owned or controlled by the defendant as of the
date on which the defendant was arrested, the financial needs
and earning ability of the defendant and the defendant's
dependents, and such other information that the court
requires relating to such other factors as the court deems
appropriate.
``(4) After reviewing the report of the probation officer,
the court may require additional documentation or hear
testimony. The privacy of any records filed, or testimony
heard, pursuant to this section shall be maintained to the
greatest extent possible, and such records may be filed or
testimony heard in camera.
``(5) If the victim's losses are not ascertainable by the
date that is 10 days prior to sentencing, the attorney for
the Government or the probation officer shall so inform the
court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers
further losses, the victim shall have 60 days after discovery
of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a
showing of good cause for the failure to include such losses
in the initial claim for restitutionary relief.
``(6) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate judge or
special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo
determination of the issue by the court.
``(e) Any dispute as to the proper amount or type of
restitution shall be resolved by the court by the
preponderance of the evidence. The burden of demonstrating
the amount of the loss sustained by a victim as a result of
the offense shall be on the attorney for the Government. The
burden of demonstrating the financial resources of the
defendant and the financial needs of the defendant's
dependents, shall be on the defendant. The burden of
demonstrating such other matters as the court deems
appropriate shall be upon the party designated by the court
as justice requires.
``(f)(1)(A) In each order of restitution, the court shall
order restitution to each victim in the full amount of each
victim's losses as determined by the court and without
consideration of the economic circumstances of the defendant.
``(B) In no case shall the fact that a victim has received
or is entitled to receive compensation with respect to a loss
from insurance or any other source be considered in
determining the amount of restitution.
``(2) Upon determination of the amount of restitution owed
to each victim, the court shall, pursuant to section 3572,
specify in the restitution order the manner in which, and the
schedule according to which, the restitution is to be paid,
in consideration of--
``(A) the financial resources and other assets of the
defendant, including whether any of these assets are jointly
controlled;
``(B) projected earnings and other income of the defendant;
and
``(C) any financial obligations of the defendant; including
obligations to dependents.
``(3)(A) A restitution order may direct the defendant to
make a single, lump-sum payment, partial payments at
specified intervals, in-kind payments, or a combination of
payments at specified intervals and in-kind payments.
``(B) A restitution order may direct the defendant to make
nominal periodic payments if the court finds from facts on
the record that the economic circumstances of the defendant
do not allow the payment of any amount of a restitution
order, and do not allow for the payment of the full amount of
a restitution order in the foreseeable future under any
reasonable schedule of payments.
``(4) An in-kind payment described in paragraph (3) may be
in the form of--
``(A) return of property;
``(B) replacement of property; or
``(C) if the victim agrees, services rendered to the victim
or a person or organization other than the victim.
``(g)(1) No victim shall be required to participate in any
phase of a restitution order.
``(2) A victim may at any time assign the victim's interest
in restitution payments to the Crime Victims Fund in the
Treasury without in any way impairing the obligation of the
defendant to make such payments.
``(h) If the court finds that more than 1 defendant has
contributed to the loss of a victim, the court may make each
defendant liable for payment of the full amount of
restitution or may apportion liability among the defendants
to reflect the level of contribution to the victim's loss and
economic circumstances of each defendant.
``(i) If the court finds that more than 1 victim has
sustained a loss requiring restitution by a defendant, the
court may provide for a different payment schedule for each
victim based on the type and amount of each victim's loss and
accounting for the economic circumstances of each victim. In
any case in which the United States is a victim, the court
shall ensure that all other victims receive full restitution
before the United States receives any restitution.
``(j)(1) If a victim has received compensation from
insurance or any other source with respect to a loss, the
court shall order that restitution be paid to the person who
provided or is obligated to provide the compensation, but the
restitution order shall provide that all restitution of
victims required by the order be paid to the victims before
any restitution is paid to such a provider of compensation.
``(2) Any amount paid to a victim under an order of
restitution shall be reduced by any amount later recovered as
compensatory damages for the same loss by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(k) A restitution order shall provide that the defendant
shall notify the court and the Attorney General of any
material change in the defendant's economic circumstances
that might affect the defendant's ability to pay restitution.
The court may also accept notification of a material change
in the defendant's economic circumstances from the United
States or from the victim. The Attorney General shall certify
to the court that the victim or victims owed restitution by
[[Page 828]]
the defendant have been notified of the change in
circumstances. Upon receipt of the notification, the court
may, on its own motion, or the motion of any party, including
the victim, adjust the payment schedule, or require immediate
payment in full, as the interests of justice require.
``(l) A conviction of a defendant for an offense involving
the act giving rise to an order of restitution shall estop
the defendant from denying the essential allegations of that
offense in any subsequent Federal civil proceeding or State
civil proceeding, to the extent consistent with State law,
brought by the victim.
``(m)(1)(A)(i) An order of restitution may be enforced by
the United States in the manner provided for in subchapter C
of chapter 227 and subchapter B of chapter 229 of this title;
or
``(ii) by all other available and reasonable means.
``(B) At the request of a victim named in a restitution
order, the clerk of the court shall issue an abstract of
judgment certifying that a judgment has been entered in favor
of such victim in the amount specified in the restitution
order. Upon registering, recording, docketing, or indexing
such abstract in accordance with the rules and requirements
relating to judgments of the court of the State where the
district court is located, the abstract of judgment shall be
a lien on the property of the defendant located in such State
in the same manner and to the same extent and under the same
conditions as a judgment of a court of general jurisdiction
in that State.
``(2) An order of in-kind restitution in the form of
services shall be enforced by the probation officer.
``(n) If a person obligated to provide restitution, or pay
a fine, receives substantial resources from any source,
including inheritance, settlement, or other judgment, during
a period of incarceration, such person shall be required to
apply the value of such resources to any restitution or fine
still owed.
``(o) A sentence that imposes an order of restitution is a
final judgment notwithstanding the fact that--
``(1) such a sentence can subsequently be--
``(A) corrected under Rule 35 of the Federal Rules of
Criminal Procedure and section 3742 of chapter 235 of this
title;
``(B) appealed and modified under section 3742;
``(C) amended under section 3664(d)(3); or
``(D) adjusted under section 3664(k), 3572, or 3613A; or
``(2) the defendant may be resentenced under section 3565
or 3614.
``(p) Nothing in this section or sections 2248, 2259, 2264,
2327, 3663, and 3663A and arising out of the application of
such sections, shall be construed to create a cause of action
not otherwise authorized in favor of any person against the
United States or any officer or employee of the United
States.''.
(b) Technical Amendment.--The item relating to section 3664
in the analysis for chapter 232 of title 18, United States
Code, is amended to read as follows:
``3664. Procedure for issuance and enforcement of order of
restitution.''.
SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION
ORDER.
(a) Amendment of Federal Rules of Criminal Procedure.--Rule
32(b) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by adding at the end the following:
``Notwithstanding the preceding sentence, a presentence
investigation and report, or other report containing
information sufficient for the court to enter an order of
restitution, as the court may direct, shall be required in
any case in which restitution is required to be ordered.'';
and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting after subparagraph (E), the following new
subparagraph:
``(F) in appropriate cases, information sufficient for the
court to enter an order of restitution;''.
(b) Fines.--Section 3572 of title 18, United States Code,
is amended--
(1) in subsection (b) by inserting ``other than the United
States,'' after ``offense,'';
(2) in subsection (d)--
(A) in the first sentence, by striking ``A person sentenced
to pay a fine or other monetary penalty'' and inserting ``(1)
A person sentenced to pay a fine or other monetary penalty,
including restitution,'';
(B) by striking the third sentence; and
(C) by adding at the end the following:
``(2) If the judgment, or, in the case of a restitution
order, the order, permits other than immediate payment, the
length of time over which scheduled payments will be made
shall be set by the court, but shall be the shortest time in
which full payment can reasonably be made.
``(3) A judgment for a fine which permits payments in
installments shall include a requirement that the defendant
will notify the court of any material change in the
defendant's economic circumstances that might affect the
defendant's ability to pay the fine. Upon receipt of such
notice the court may, on its own motion or the motion of any
party, adjust the payment schedule, or require immediate
payment in full, as the interests of justice require.'';
(3) in subsection (f), by inserting ``restitution'' after
``special assessment,'';
(4) in subsection (h), by inserting ``or payment of
restitution'' after ``A fine''; and
(5) in subsection (i)--
(A) in the first sentence, by inserting ``or payment of
restitution'' after ``A fine''; and
(B) by amending the second sentence to read as follows:
``Notwithstanding any installment schedule, when a fine or
payment of restitution is in default, the entire amount of
the fine or restitution is due within 30 days after
notification of the default, subject to the provisions of
section 3613A.''.
(c) Postsentence Administration.--
(1) Payment of a fine or restitution.--Section 3611 of
title 18, United States Code, is amended--
(A) by amending the heading to read as follows:
``Sec. 3611. Payment of a fine or restitution'';
and
(B) by striking ``or assessment shall pay the fine or
assessment'' and inserting ``, assessment, or restitution,
shall pay the fine, assessment, or restitution''.
(2) Collection.--Section 3612 of title 18, United States
Code, is amended--
(A) by amending the heading to read as follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by inserting
``or restitution order'' after ``fine'';
(ii) in subparagraph (C), by inserting ``or restitution
order'' after ``fine'';
(iii) in subparagraph (E), by striking ``and'';
(iv) in subparagraph (F)--
(I) by inserting ``or restitution order'' after ``fine'';
and
(II) by striking the period at the end and inserting ``;
and''; and
(v) by adding at the end the following new subparagraph:
``(G) in the case of a restitution order, information
sufficient to identify each victim to whom restitution is
owed. It shall be the responsibility of each victim to notify
the Attorney General, or the appropriate entity of the court,
by means of a form to be provided by the Attorney General or
the court, of any change in the victim's mailing address
while restitution is still owed the victim. The
confidentiality of any information relating to a victim shall
be maintained.'';
(C) in subsection (c)--
(i) in the first sentence, by inserting ``or restitution''
after ``fine''; and
(ii) by adding at the end the following: ``Any money
received from a defendant shall be disbursed so that each of
the following obligations is paid in full in the following
sequence:
``(1) A penalty assessment under section 3013 of title 18,
United States Code.
``(2) Restitution of all victims.
``(3) All other fines, penalties, costs, and other payments
required under the sentence.'';
(D) in subsection (d)--
(i) by inserting ``or restitution'' after ``fine''; and
(ii) by striking ``is delinquent, to inform him that the
fine is delinquent'' and inserting ``or restitution is
delinquent, to inform the person of the delinquency'';
(E) in subsection (e)--
(i) by inserting ``or restitution'' after ``fine''; and
(ii) by striking ``him that the fine is in default'' and
inserting ``the person that the fine or restitution is in
default'';
(F) in subsection (f)--
(i) in the heading, by inserting ``and restitution'' after
``on fines''; and
(ii) in paragraph (1), by inserting ``or restitution''
after ``any fine'';
(G) in subsection (g), by inserting ``or restitution''
after ``fine'' each place it appears; and
(H) in subsection (i), by inserting ``and restitution''
after ``fines''.
(3) Civil remedies.--Section 3613 of title 18, United
States Code, is amended to read as follows:
``Sec. 3613. Civil remedies for satisfaction of an unpaid
fine
``(a) Enforcement.--The United States may enforce a
judgment imposing a fine in accordance with the practices and
procedures for the enforcement of a civil judgment under
Federal law or State law. Notwithstanding any other Federal
law (including section 207 of the Social Security Act), a
judgment imposing a fine may be enforced against all property
or rights to property of the person fined, except that--
``(1) property exempt from levy for taxes pursuant to
section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10),
and (12) of the Internal Revenue Code of 1986 shall be exempt
from enforcement of the judgment under Federal law;
``(2) section 3014 of chapter 176 of title 28 shall not
apply to enforcement under Federal law; and
``(3) the provisions of section 303 of the Consumer Credit
Protection Act (15 U.S.C. 1673) shall apply to enforcement of
the judgment under Federal law or State law.
``(b) Termination of Liability.--The liability to pay a
fine shall terminate the later of 20 years from the entry of
judgment or 20 years after the release from imprisonment of
the person fined, or upon the death of the individual fined.
``(c) Lien.--A fine imposed pursuant to the provisions of
subchapter C of chapter 227 of this title, or an order of
restitution made pursuant to sections 2248, 2259, 2264, 2327,
3663, 3663A, or 3664 of this title, is a lien in favor of the
United States on all property
[[Page 829]]
and rights to property of the person fined as if the
liability of the person fined were a liability for a tax
assessed under the Internal Revenue Code of 1986. The lien
arises on the entry of judgment and continues for 20 years or
until the liability is satisfied, remitted, set aside, or is
terminated under subsection (b).
``(d) Effect of Filing Notice of Lien.--Upon filing of a
notice of lien in the manner in which a notice of tax lien
would be filed under section 6323(f) (1) and (2) of the
Internal Revenue Code of 1986, the lien shall be valid
against any purchaser, holder of a security interest,
mechanic's lienor or judgment lien creditor, except with
respect to properties or transactions specified in subsection
(b), (c), or (d) of section 6323 of the Internal Revenue Code
of 1986 for which a notice of tax lien properly filed on the
same date would not be valid. The notice of lien shall be
considered a notice of lien for taxes payable to the United
States for the purpose of any State or local law providing
for the filing of a notice of a tax lien. A notice of lien
that is registered, recorded, docketed, or indexed in
accordance with the rules and requirements relating to
judgments of the courts of the State where the notice of lien
is registered, recorded, docketed, or indexed shall be
considered for all purposes as the filing prescribed by this
section. The provisions of section 3201(e) of chapter 176 of
title 28 shall apply to liens filed as prescribed by this
section.
``(e) Discharge of Debt Inapplicable.--No discharge of
debts in a proceeding pursuant to any chapter of title 11,
United States Code, shall discharge liability to pay a fine
pursuant to this section, and a lien filed as prescribed by
this section shall not be voided in a bankruptcy proceeding.
``(f) Applicability to Order of Restitution.--In accordance
with section 3664(m)(1)(A) of this title, all provisions of
this section are available to the United States for the
enforcement of an order of restitution.''.
(4) Default.--Chapter 229 of title 18, United States Code,
is amended by inserting after section 3613 the following new
section:
``Sec. 3613A. Effect of default
``(a)(1) Upon a finding that the defendant is in default on
a payment of a fine or restitution, the court may, pursuant
to section 3565, revoke probation or a term of supervised
release, modify the terms or conditions of probation or a
term of supervised release, resentence a defendant pursuant
to section 3614, hold the defendant in contempt of court,
enter a restraining order or injunction, order the sale of
property of the defendant, accept a performance bond, enter
or adjust a payment schedule, or take any other action
necessary to obtain compliance with the order of a fine or
restitution.
``(2) In determining what action to take, the court shall
consider the defendant's employment status, earning ability,
financial resources, the willfulness in failing to comply
with the fine or restitution order, and any other
circumstances that may have a bearing on the defendant's
ability or failure to comply with the order of a fine or
restitution.
``(b)(1) Any hearing held pursuant to this section may be
conducted by a magistrate judge, subject to de novo review by
the court.
``(2) To the extent practicable, in a hearing held pursuant
to this section involving a defendant who is confined in any
jail, prison, or other correctional facility, proceedings in
which the prisoner's participation is required or permitted
shall be conducted by telephone, video conference, or other
communications technology without removing the prisoner from
the facility in which the prisoner is confined.''.
(5) Resentencing.--Section 3614 of title 18, United States
Code, is amended--
(A) in the heading, by inserting ``or restitution'' after
``fine'';
(B) in subsection (a), by inserting ``or restitution''
after ``fine''; and
(C) by adding at the end the following new subsection:
``(c) Effect of Indigency.--In no event shall a defendant
be incarcerated under this section solely on the basis of
inability to make payments because the defendant is
indigent.''.
(d) Clerical Amendment.--The table of sections at the
beginning of subchapter B of chapter 229 of title 18, United
States Code, is amended to read as follows:
``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.
SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.
Pursuant to section 994 of title 28, United States Code,
the United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines to reflect this
subtitle and the amendments made by this subtitle.
SEC. 209. JUSTICE DEPARTMENT REGULATIONS.
Not later than 90 days after the date of enactment of this
subtitle, the Attorney General shall promulgate guidelines,
or amend existing guidelines, to carry out this subtitle and
the amendments made by this subtitle and to ensure that--
(1) in all plea agreements negotiated by the United States,
consideration is given to requesting that the defendant
provide full restitution to all victims of all charges
contained in the indictment or information, without regard to
the counts to which the defendant actually pleaded; and
(2) orders of restitution made pursuant to the amendments
made by this subtitle are enforced to the fullest extent of
the law.
SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
Section 3013(a)(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$50'' and inserting
``not less than $100''; and
(2) in subparagraph (B), by striking ``$200'' and inserting
``not less than $400''.
SEC. 211. EFFECTIVE DATE.
The amendments made by this subtitle shall, to the extent
constitutionally permissible, be effective for sentencing
proceedings in cases in which the defendant is convicted on
or after the date of enactment of this Act.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain
Cases.--Section 1605 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(7) not otherwise covered by paragraph (2), in which
money damages are sought against a foreign state for personal
injury or death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or
the provision of material support or resources (as defined in
section 2339A of title 18) for such an act if such act or
provision of material support is engaged in by an official,
employee, or agent of such foreign state while acting within
the scope of his or her office, employment, or agency, except
that the court shall decline to hear a claim under this
paragraph--
``(A) if the foreign state was not designated as a state
sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
at the time the act occurred, unless later so designated as a
result of such act; and
``(B) even if the foreign state is or was so designated,
if--
``(i) the act occurred in the foreign state against which
the claim has been brought and the claimant has not afforded
the foreign state a reasonable opportunity to arbitrate the
claim in accordance with accepted international rules of
arbitration; or
``(ii) the claimant or victim was not a national of the
United States (as that term is defined in section 101(a)(22)
of the Immigration and Nationality Act) when the act upon
which the claim is based occurred.''; and
(2) by adding at the end the following:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression
of Unlawful Acts Against the Safety of Civil Aviation.
``(f) No action shall be maintained under subsection (a)(7)
unless the action is commenced not later than 10 years after
the date on which the cause of action arose. All principles
of equitable tolling, including the period during which the
foreign state was immune from suit, shall apply in
calculating this limitation period.
``(g) Limitation on Discovery.--If an action is filed that
would otherwise be barred by section 1604, but for subsection
(a)(7), the court, upon request of the Attorney General shall
stay any request, demand, or order for discovery that the
Attorney General certifies will interfere with a criminal
investigation or prosecution, or a national security
operation, related to the incident that gave rise to the
cause of action, until such time as the Attorney General
advises the court that such request, demand, or order will
not longer so interfere.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ``, or''; and
(B) by adding at the end the following new paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon
which the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of title
28, United States Code, is amended--
(A) by striking ``or (5)'' and inserting ``(5), or (7)'';
and
(B) by striking ``used for the activity'' and inserting
``involved in the act''.
(c) Applicability.--The amendments made by this subtitle
shall apply to any cause of action arising before, on, or
after the date of the enactment of this Act.
[[Page 830]]
Subtitle C--Assistance to Victims of Terrorism
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Justice for Victims of
Terrorism Act of 1996''.
SEC. 232. VICTIMS OF TERRORISM ACT.
(a) Authority To Provide Assistance and Compensation to
Victims of Terrorism.--The Victims of Crime Act of 1984 (42
U.S.C. 10601 et seq.) is amended by inserting after section
1404A the following new section:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF
TERRORISM OR MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United
States.--The Director may make supplemental grants as
provided in section 1404(a) to States to provide compensation
and assistance to the residents of such States who, while
outside of the territorial boundaries of the United States,
are victims of a terrorist act or mass violence and are not
persons eligible for compensation under title VIII of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986.
``(b) Victims of Terrorism Within the United States.--The
Director may make supplemental grants as provided in section
1404(d)(4)(B) to States for eligible crime victim
compensation and assistance programs to provide emergency
relief, including crisis response efforts, assistance,
training, and technical assistance, for the benefit of
victims of terrorist acts or mass violence occurring within
the United States and may provide funding to United States
Attorney's Offices for use in coordination with State victim
compensation and assistance efforts in providing emergency
relief.''.
(b) Funding of Compensation and Assistance to Victims of
Terrorism, Mass Violence, and Crime.--Section 1402(d)(4) of
the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is
amended to read as follows:
``(4)(A) If the sums available in the Fund are sufficient
to fully provide grants to the States pursuant to section
1403(a)(1), the Director may retain any portion of the Fund
that was deposited during a fiscal year that was in excess of
110 percent of the total amount deposited in the Fund during
the preceding fiscal year as an emergency reserve. Such
reserve shall not exceed $50,000,000.
``(B) The emergency reserve referred to in subparagraph (A)
may be used for supplemental grants under section 1404B and
to supplement the funds available to provide grants to States
for compensation and assistance in accordance with sections
1403 and 1404 in years in which supplemental grants are
needed.''.
(c) Crime Victims Fund Amendments.--
(1) Unobligated funds.--Section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking ``subsection'' and
inserting ``chapter''; and
(B) by amending subsection (e) to read as follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as
part of a grant under this chapter that remains unspent at
the end of a fiscal year in which the grant is made may be
expended for the purpose for which the grant is made at any
time during the 2 succeeding fiscal years, at the end of
which period, any remaining unobligated sums in excess of
$500,000 shall be returned to the Treasury. Any remaining
unobligated sums in an amount less than $500,000 shall be
returned to the Fund.''.
(2) Base amount.--Section 1404(a)(5) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read
as follows:
``(5) As used in this subsection, the term `base amount'
means--
``(A) except as provided in subparagraph (B), $500,000; and
``(B) for the territories of the Northern Mariana Islands,
Guam, American Samoa, and the Republic of Palau, $200,000,
with the Republic of Palau's share governed by the Compact of
Free Association between the United States and the Republic
of Palau.''.
SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.
(a) Requiring Compensation for Terrorist Crimes.--Section
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(d)(3)) is amended--
(1) by inserting ``crimes involving terrorism,'' before
``driving while intoxicated''; and
(2) by inserting a comma after ``driving while
intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is
amended by inserting ``are outside of the United States (if
the compensable crime is terrorism, as defined in section
2331 of title 18, United States Code), or'' before ``are
States not having''.
(c) Designation of Cartney McRaven Child Development
Center.--
(1) Designation.--
(A) In general.--The Federal building at 1314 LeMay
Boulevard, Ellsworth Air Force Base, South Dakota, shall be
known as the ``Cartney McRaven Child Development Center''.
(B) Replacement building.--If, after the date of enactment
of this Act, a new Federal building is built at the location
described in subparagraph (A) to replace the building
described in the paragraph, the new Federal building shall be
known as the ``Cartney McRaven Child Development Center''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to a
Federal building referred to in paragraph (1) shall be deemed
to be a reference to the ``Cartney McRaven Child Development
Center''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect 1 year after the date of
enactment of this Act.
SEC. 234. CRIME VICTIMS FUND.
(a) Prohibition of Payments to Delinquent Criminal Debtors
by State Crime Victim Compensation Programs.--
(1) In general.--Section 1403(b) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following new
paragraph:
``(8) such program does not provide compensation to any
person who has been convicted of an offense under Federal law
with respect to any time period during which the person is
delinquent in paying a fine, other monetary penalty, or
restitution imposed for the offense; and''.
(2) Application of amendment.--Section 1403(b)(8) of the
Victims of Crime Act of 1984, as added by paragraph (1) of
this section, shall not be applied to deny victims
compensation to any person until the date on which the
Attorney General, in consultation with the Director of the
Administrative Office of the United States Courts, issues a
written determination that a cost-effective, readily
available criminal debt payment tracking system operated by
the agency responsible for the collection of criminal debt
has established cost-effective, readily available
communications links with entities that administer Federal
victim compensation programs that are sufficient to ensure
that victim compensation is not denied to any person except
as authorized by law.
(b) Exclusion From Income for Purposes of Means Tests.--
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.
10602) is amended by inserting after subsection (b) the
following new subsection:
``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum
allowed income eligibility requirement in any Federal, State,
or local government program using Federal funds that provides
medical or other assistance (or payment or reimbursement of
the cost of such assistance) that becomes necessary to an
applicant for such assistance in full or in part because of
the commission of a crime against the applicant, as
determined by the Director, any amount of crime victim
compensation that the applicant receives through a crime
victim compensation program under this section shall not be
included in the income of the applicant until the total
amount of assistance that the applicant receives from all
such programs is sufficient to fully compensate the applicant
for losses suffered as a result of the crime.''.
SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR
VICTIMS OF CRIME.
(a) In General.--Notwithstanding any provision of the
Federal Rules of Criminal Procedure to the contrary, in order
to permit victims of crime to watch criminal trial
proceedings in cases where the venue of the trial is
changed--
(1) out of the State in which the case was initially
brought; and
(2) more than 350 miles from the location in which those
proceedings originally would have taken place;
the trial court shall order closed circuit televising of the
proceedings to that location, for viewing by such persons the
court determines have a compelling interest in doing so and
are otherwise unable to do so by reason of the inconvenience
and expense caused by the change of venue.
(b) Limited Access.--
(1) Generally.--No other person, other than official court
and security personnel, or other persons specifically
designated by the court, shall be permitted to view the
closed circuit televising of the proceedings.
(2) Exception.--The court shall not designate a person
under paragraph (1) if the presiding judge at the trial
determines that testimony by that person would be materially
affected if that person heard other testimony at the trial.
(c) Restrictions.--
(1) The signal transmitted pursuant to subsection (a) shall
be under the control of the court at all times and shall only
be transmitted subject to the terms and conditions imposed by
the court.
(2) No public broadcast or dissemination shall be made of
the signal transmitted pursuant to subsection (a). In the
event any tapes are produced in carrying out subsection (a),
such tapes shall be the property of the court and kept under
seal.
(3) Any violations of this subsection, or any rule or order
made pursuant to this section, shall be punishable as
contempt of court as described in section 402 of title 18,
United States Code.
(d) Donations.--The Administrative Office of the United
States Courts may accept donations to enable the courts to
carry out subsection (a).
(e) Construction.--
(1) Nothing in this section shall be construed--
(i) to create in favor of any person a cause of action
against the United States or any officer or employees
thereof, or
(ii) to provide any person with a defense in any action in
which application of this section is made.
[[Page 831]]
(f) Definition.--As used in this section, the term
``State'' means any State, the District of Columbia, or any
possession or territory of the United States.
(g) Rules.--The Judicial Conference of the United States,
pursuant to its rule making authority under section 331 of
title 28, United States Code, may promulgate and issue rules,
or amend existing rules, to effectuate the policy addressed
by this section. Upon the implementation of such rules, this
section shall cease to be effective.
(h) Effective Date.--This section shall only apply to cases
filed after January 1, 1995.
SEC. 236. TECHNICAL CORRECTION.
Section 1402(d)(3)(B) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)(3)(B)) is amended by striking ``1404A''
and inserting ``1404(a)''.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
SEC. 301. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) international terrorism is a serious and deadly problem
that threatens the vital interests of the United States;
(2) the Constitution confers upon Congress the power to
punish crimes against the law of nations and to carry out the
treaty obligations of the United States, and therefore
Congress may by law impose penalties relating to the
provision of material support to foreign organizations
engaged in terrorist activity;
(3) the power of the United States over immigration and
naturalization permits the exclusion from the United States
of persons belonging to international terrorist
organizations;
(4) international terrorism affects the interstate and
foreign commerce of the United States by harming
international trade and market stability, and limiting
international travel by United States citizens as well as
foreign visitors to the United States;
(5) international cooperation is required for an effective
response to terrorism, as demonstrated by the numerous
multilateral conventions in force providing universal
prosecutive jurisdiction over persons involved in a variety
of terrorist acts, including hostage taking, murder of an
internationally protected person, and aircraft piracy and
sabotage;
(6) some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
within the United States, or use the United States as a
conduit for the receipt of funds raised in other nations; and
(7) foreign organizations that engage in terrorist activity
are so tainted by their criminal conduct that any
contribution to such an organization facilitates that
conduct.
(b) Purpose.--The purpose of this subtitle is to provide
the Federal Government the fullest possible basis, consistent
with the Constitution, to prevent persons within the United
States, or subject to the jurisdiction of the United States,
from providing material support or resources to foreign
organizations that engage in terrorist activities.
SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate
an organization as a terrorist organization in accordance
with this subsection if the Secretary finds that--
``(A) the organization is a foreign organization;
``(B) the organization engages in terrorist activity (as
defined in section 212(a)(3)(B)); and
``(C) the terrorist activity of the organization threatens
the security of United States nationals or the national
security of the United States.
``(2) Procedure.--
``(A) Notice.--Seven days before making a designation under
this subsection, the Secretary shall, by classified
communication--
``(i) notify the Speaker and Minority Leader of the House
of Representatives, the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the members of
the relevant committees, in writing, of the intent to
designate an organization under this subsection, together
with the findings made under paragraph (1) with respect to
that organization, and the factual basis therefor; and
``(ii) seven days after such notification, publish the
designation in the Federal Register.
``(B) Effect of designation.--
``(i) For purposes of section 2339B of title 18, United
States Code, a designation under this subsection shall take
effect upon publication under subparagraph (A).
``(ii) Any designation under this subsection shall cease to
have effect upon an Act of Congress disapproving such
designation.
``(C) Freezing of assets.--Upon notification under
paragraph (2), the Secretary of the Treasury may require
United States financial institutions possessing or
controlling any assets of any organization included in the
notification to block all financial transactions involving
those assets until further directive from either the
Secretary of the Treasury, Act of Congress, or order of
court.
``(3) Record.--
``(A) In general.--In making a designation under this
subsection, the Secretary shall create an administrative
record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except
that such information may be disclosed to a court ex parte
and in camera for purposes of judicial review under
subsection (c).
``(4) Period of designation.--
``(A) In general.--Subject to paragraphs (5) and (6), a
designation under this subsection shall be effective for all
purposes for a period of 2 years beginning on the effective
date of the designation under paragraph (2)(B).
``(B) Redesignation.--The Secretary may redesignate a
foreign organization as a terrorist organization for an
additional 2-year period at the end of the 2-year period
referred to in subparagraph (A) (but not sooner than 60 days
prior to the termination of such period) upon a finding that
the relevant circumstances described in paragraph (1) still
exist. The procedural requirements of paragraphs (2) and (3)
shall apply to a redesignation under this subparagraph.
``(5) Revocation by act of congress.--The Congress, by an
Act of Congress, may block or revoke a designation made under
paragraph (1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) if the Secretary finds that--
``(i) the circumstances that were the basis for the
designation have changed in such a manner as to warrant
revocation of the designation; or
``(ii) the national security of the United States warrants
a revocation of the designation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) through (4) shall apply to a revocation under this
paragraph.
``(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6) shall not affect any
action or proceeding based on conduct committed prior to the
effective date of such revocation.
``(8) Use of designation in trial or hearing.--If a
designation under this subsection has become effective under
paragraph (1)(B), a defendant in a criminal action shall not
be permitted to raise any question concerning the validity of
the issuance of such designation as a defense or an objection
at any trial or hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
of the designation in the Federal Register, an organization
designated as a foreign terrorist organization may seek
judicial review of the designation in the United States Court
of Appeals for the District of Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that
the Government may submit, for ex parte and in camera review,
classified information used in making the designation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation the court finds to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
``(B) contrary to constitutional right, power, privilege,
or immunity; or
``(C) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation shall not affect the
application of this section, unless the court issues a final
order setting aside the designation.
``(c) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the
United States;
``(3) the term `relevant committees' means the Committees
on the Judiciary, Intelligence, and Foreign Relations of the
Senate and the Committees on the Judiciary, Intelligence, and
International Relations of the House of Representatives; and
``(4) the term `Secretary' means the Secretary of State, in
consultation with the Secretary of the Treasury and the
Attorney General.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act, relating to terrorism, is
amended by inserting after the item relating to section 218
the following new item:
``Sec. 219. Designation of foreign terrorist organizations.''.
SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339B. Providing material support or resources to
designated foreign terrorist organizations
``(a) Prohibited Activities.--
``(1) Unlawful conduct.--Whoever, within the United States
or subject to the jurisdic
[[Page 832]]
tion of the United States, knowingly provides material
support or resources to a foreign terrorist organization, or
attempts or conspires to do so, shall be fined under this
title or imprisoned not more than 10 years, or both.
``(2) Financial institutions.--Except as authorized by the
Secretary, any financial institution that becomes aware that
it has possession of, or control over, any funds in which a
foreign terrorist organization, or its agent, has an
interest, shall--
``(A) retain possession of, or maintain control over, such
funds; and
``(B) report to the Secretary the existence of such funds
in accordance with regulations issued by the Secretary.
``(b) Civil Penalty.--Any financial institution that
knowingly fails to comply with subsection (a)(2) shall be
subject to a civil penalty in an amount that is the greater
of--
``(A) $50,000 per violation; or
``(B) twice the amount of which the financial institution
was required under subsection (a)(2) to retain possession or
control.
``(c) Injunction.--Whenever it appears to the Secretary or
the Attorney General that any person is engaged in, or is
about to engage in, any act that constitutes, or would
constitute, a violation of this section, the Attorney General
may initiate civil action in a district court of the United
States to enjoin such violation.
``(d) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(e) Investigations.--
``(1) In general.--The Attorney General shall conduct any
investigation of a possible violation of this section, or of
any license, order, or regulation issued pursuant to this
section.
``(2) Coordination with the department of the treasury.--
The Attorney General shall work in coordination with the
Secretary in investigations relating to--
``(A) the compliance or noncompliance by a financial
institution with the requirements of subsection (a)(2); and
``(B) civil penalty proceedings authorized under subsection
(b).
``(3) Referral.--Any evidence of a criminal violation of
this section arising in the course of an investigation by the
Secretary or any other Federal agency shall be referred
immediately to the Attorney General for further
investigation. The Attorney General shall timely notify the
Secretary of any action taken on referrals from the
Secretary, and may refer investigations to the Secretary for
remedial licensing or civil penalty action.
``(f) Classified Information in Civil Proceedings Brought
by the United States.--
``(1) Discovery of classified information by defendants.--
``(A) Request by united states.--In any civil proceeding
under this section, upon request made ex parte and in writing
by the United States, a court, upon a sufficient showing, may
authorize the United States to--
``(i) redact specified items of classified information from
documents to be introduced into evidence or made available to
the defendant through discovery under the Federal Rules of
Civil Procedure;
``(ii) substitute a summary of the information for such
classified documents; or
``(iii) substitute a statement admitting relevant facts
that the classified information would tend to prove.
``(B) Order granting request.--If the court enters an order
granting a request under this paragraph, the entire text of
the documents to which the request relates shall be sealed
and preserved in the records of the court to be made
available to the appellate court in the event of an appeal.
``(C) Denial of request.--If the court enters an order
denying a request of the United States under this paragraph,
the United States may take an immediate, interlocutory appeal
in accordance with paragraph (5). For purposes of such an
appeal, the entire text of the documents to which the request
relates, together with any transcripts of arguments made ex
parte to the court in connection therewith, shall be
maintained under seal and delivered to the appellate court.
``(2) Introduction of classified information; precautions
by court.--
``(A) Exhibits.--To prevent unnecessary or inadvertent
disclosure of classified information in a civil proceeding
brought by the United States under this section, the United
States may petition the court ex parte to admit, in lieu of
classified writings, recordings, or photographs, one or more
of the following:
``(i) Copies of items from which classified information has
been redacted.
``(ii) Stipulations admitting relevant facts that specific
classified information would tend to prove.
``(iii) A declassified summary of the specific classified
information.
``(B) Determination by court.--The court shall grant a
request under this paragraph if the court finds that the
redacted item, stipulation, or summary is sufficient to allow
the defendant to prepare a defense.
``(3) Taking of trial testimony.--
``(A) Objection.--During the examination of a witness in
any civil proceeding brought by the United States under this
subsection, the United States may object to any question or
line of inquiry that may require the witness to disclose
classified information not previously found to be admissible.
``(B) Action by court.--In determining whether a response
is admissible, the court shall take precautions to guard
against the compromise of any classified information,
including--
``(i) permitting the United States to provide the court, ex
parte, with a proffer of the witness's response to the
question or line of inquiry; and
``(ii) requiring the defendant to provide the court with a
proffer of the nature of the information that the defendant
seeks to elicit.
``(C) Obligation of defendant.--In any civil proceeding
under this section, it shall be the defendant's obligation to
establish the relevance and materiality of any classified
information sought to be introduced.
``(4) Appeal.--If the court enters an order denying a
request of the United States under this subsection, the
United States may take an immediate interlocutory appeal in
accordance with paragraph (5).
``(5) Interlocutory appeal.--
``(A) Subject of appeal.--An interlocutory appeal by the
United States shall lie to a court of appeals from a decision
or order of a district court--
``(i) authorizing the disclosure of classified information;
``(ii) imposing sanctions for nondisclosure of classified
information; or
``(iii) refusing a protective order sought by the United
States to prevent the disclosure of classified information.
``(B) Expedited consideration.--
``(i) In general.--An appeal taken pursuant to this
paragraph, either before or during trial, shall be expedited
by the court of appeals.
``(ii) Appeals prior to trial.--If an appeal is of an order
made prior to trial, an appeal shall be taken not later than
10 days after the decision or order appealed from, and the
trial shall not commence until the appeal is resolved.
``(iii) Appeals during trial.--If an appeal is taken during
trial, the trial court shall adjourn the trial until the
appeal is resolved, and the court of appeals--
``(I) shall hear argument on such appeal not later than 4
days after the adjournment of the trial;
``(II) may dispense with written briefs other than the
supporting materials previously submitted to the trial court;
``(III) shall render its decision not later than 4 days
after argument on appeal; and
``(IV) may dispense with the issuance of a written opinion
in rendering its decision.
``(C) Effect of ruling.--An interlocutory appeal and
decision shall not affect the right of the defendant, in a
subsequent appeal from a final judgment, to claim as error
reversal by the trial court on remand of a ruling appealed
from during trial.
``(6) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective orders or
asserting privileges ordinarily available to the United
States to protect against the disclosure of classified
information, including the invocation of the military and
State secrets privilege.
``(g) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `financial institution' has the same meaning
as in section 5312(a)(2) of title 31, United States Code;
``(3) the term `funds' includes coin or currency of the
United States or any other country, traveler's checks,
personal checks, bank checks, money orders, stocks, bonds,
debentures, drafts, letters of credit, any other negotiable
instrument, and any electronic representation of any of the
foregoing;
``(4) the term `material support or resources' has the same
meaning as in section 2339A;
``(5) the term `representative' includes an officer,
official, or spokesperson of an organization and any person
who directs, counsels, commands, or induces an organization
or its members to engage in terrorist activity;
``(6) the term `Secretary' means the Secretary of the
Treasury; and
``(7) the term `terrorist organization' means an
organization designated as a terrorist organization under
section 219 of the Immigration and Nationality Act.''.
(b) Clerical Amendment to table of sections.--The table of
sections at the beginning of chapter 113B of title 18, United
States Code, is amended by adding at the end the following
new item:
``2339B. Providing material support or resources to designated foreign
terrorist organizations.''.
(c) Technical Amendment.--
(1) New item.--Chapter 113B of title 18, United States
Code, relating to torture, is redesignated as chapter 113C.
(2) Table of chapters.--The table of chapters for part I of
title 18, United States Code, is amended by striking ``113B.
Torture'' and inserting ``113C. Torture''.
Subtitle B--Prohibition on Assistance to Terrorist States
SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States
Code, relating to terrorism, is amended by inserting after
the section 2332c added by section 521 of this Act the
following new section:
``Sec. 2332d. Financial transactions
``(a) Offense.--Except as provided in regulations issued by
the Secretary of State, in consultation with the Secretary of
the Treasury, whoever, being a United States person, knowing
or having reasonable cause
[[Page 833]]
to know that a country is designated under section 6(j) of
the Export Administration Act (50 U.S.C. App. 2405) as a
country supporting international terrorism, engages in a
financial transaction with that country, shall be fined under
this title, imprisoned for not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `financial transaction' has the same meaning
as in section 1956(c)(4); and
``(2) the term `United States person' means any--
``(A) United States citizen or national;
``(B) permanent resident alien;
``(C) juridical person organized under the laws of the
United States; or
``(D) any person in the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the item
added by section 521 of this Act the following new item:
``2332d. Financial transactions.''.
SEC. 322. FOREIGN AIR TRAVEL SAFETY.
Section 44906 of title 49, United States Code, is amended
to read as follows:
``Sec. 44906. Foreign air carrier security programs
``The Administrator of the Federal Aviation Administration
shall continue in effect the requirement of section 129.25 of
title 14, Code of Federal Regulations, that a foreign air
carrier must adopt and use a security program approved by the
Administrator. The Administrator shall not approve a security
program of a foreign air carrier under section 129.25, or any
successor regulation, unless the security program requires
the foreign air carrier in its operations to and from
airports in the United States to adhere to the identical
security measures that the Administrator requires air
carriers serving the same airports to adhere to. The
foregoing requirement shall not be interpreted to limit the
ability of the Administrator to impose additional security
measures on a foreign air carrier or an air carrier when the
Administrator determines that a specific threat warrants such
additional measures. The Administrator shall prescribe
regulations to carry out this section.''.
SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended
to read as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for, or in carrying out, a violation of section
32, 37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i),
956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 2155,
2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title
or section 46502 of title 49, or in preparation for, or in
carrying out, the concealment from the commission of any such
violation, shall be fined under this title, imprisoned not
more than 10 years, or both.
``(b) Definition.--In this section, the term `material
support or resources' means currency or other financial
securities, financial services, lodging, training,
safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other
physical assets, except medicine or religious materials.''.
SEC. 324. FINDINGS.
The Congress finds that--
(1) international terrorism is among the most serious
transnational threats faced by the United States and its
allies, far eclipsing the dangers posed by population growth
or pollution;
(2) the President should continue to make efforts to
counter international terrorism a national security priority;
(3) because the United Nations has been an inadequate forum
for the discussion of cooperative, multilateral responses to
the threat of international terrorism, the President should
undertake immediate efforts to develop effective multilateral
responses to international terrorism as a complement to
national counter terrorist efforts;
(4) the President should use all necessary means, including
covert action and military force, to disrupt, dismantle, and
destroy international infrastructure used by international
terrorists, including overseas terrorist training facilities
and safe havens;
(5) the Congress deplores decisions to ease, evade, or end
international sanctions on state sponsors of terrorism,
including the recent decision by the United Nations Sanctions
Committee to allow airline flights to and from Libya despite
Libya's noncompliance with United Nations resolutions; and
(6) the President should continue to undertake efforts to
increase the international isolation of state sponsors of
international terrorism, including efforts to strengthen
international sanctions, and should oppose any future
initiatives to ease sanctions on Libya or other state
sponsors of terrorism.
SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)
is amended by adding immediately after section 620F the
following new section:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
``(a) Withholding of Assistance.--The President may
withhold assistance under this Act to the government of any
country that provides assistance to the government of any
other country for which the Secretary of State has made a
determination under section 620A.
``(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a)
if the President determines that furnishing such assistance
is important to the national interests of the United States
and, not later than 15 days before obligating such
assistance, furnishes a report to the appropriate committees
of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.
SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)
is amended by adding immediately after section 620G the
following new section:
``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT
PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES.
``(a) Prohibition.--
``(1) In general.--The President may withhold assistance
under this Act shall be provided to the government of any
country that provides lethal military equipment to a country
the government of which the Secretary of State has determined
is a terrorist government for the purposes of 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),
or 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371).
``(2) Applicability.--The prohibition under this section
with respect to a foreign government shall terminate 1 year
after that government ceases to provide lethal military
equipment. This section applies with respect to lethal
military equipment provided under a contract entered into
after the date of enactment of this Act.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described
in subsection (a) if the President determines that furnishing
such assistance is important to the national interests of the
United States and, not later than 15 days before obligating
such assistance, furnishes a report to the appropriate
committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.
SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
The International Financial Institutions Act (22 U.S.C.
262c et seq.) is amended by inserting after section 1620 the
following new section:
``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL
FINANCIAL INSTITUTIONS TO TERRORIST STATES.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other use of the
funds of the respective institution to or for a country for
which the Secretary of State has made a determination under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) or section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371).
``(b) Definition.--For purposes of this section, the term
`international financial institution' includes--
``(1) the International Bank for Reconstruction and
Development, the International Development Association, and
the International Monetary Fund;
``(2) wherever applicable, the Inter-American Bank, the
Asian Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the
African Development Fund; and
``(3) any similar institution established after the date of
enactment of this section.''.
SEC. 328. ANTITERRORISM ASSISTANCE.
(a) Foreign Assistance Act.--Section 573 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended--
(1) in subsection (c), by striking ``development and
implementation of the antiterrorism assistance program under
this chapter, including'';
(2) by amending subsection (d) to read as follows:
``(d)(1) Arms and ammunition may be provided under this
chapter only if they are directly related to antiterrorism
assistance.
``(2) The value (in terms of original acquisition cost) of
all equipment and commodities provided under this chapter in
any fiscal year shall not exceed 30 percent of the funds made
available to carry out this chapter for that fiscal year.'';
and
(3) by striking subsection (f).
(b) Assistance to Foreign Countries To Procure Explosives
Detection Devices and Other Counterterrorism Technology.--(1)
Subject to section 575(b), up to $3,000,000 in any fiscal
year may be made available--
(A) to procure explosives detection devices and other
counterterrorism technology; and
[[Page 834]]
(B) for joint counterterrorism research and development
projects on such technology conducted with NATO and major
non-NATO allies under the auspices of the Technical Support
Working Group of the Department of State.
(2) As used in this subsection, the term ``major non-NATO
allies'' means those countries designated as major non-NATO
allies for purposes of section 2350a(i)(3) of title 10,
United States Code.
(c) Assistance to Foreign Countries.--Notwithstanding any
other provision of law (except section 620A of the Foreign
Assistance Act of 1961) up to $1,000,000 in assistance may be
provided to a foreign country for counterterrorism efforts in
any fiscal year if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government or
the life and property of any United States citizen, or
furthering the apprehension of any individual involved in any
act of terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not
later than 15 days prior to the provision of such assistance.
SEC. 329. DEFINITION OF ASSISTANCE.
For purposes of this title--
(1) the term ``assistance'' means assistance to or for the
benefit of a government of any country that is provided by
grant, concessional sale, guaranty, insurance, or by any
other means on terms more favorable than generally available
in the applicable market, whether in the form of a loan,
lease, credit, debt relief, or otherwise, including subsidies
for exports to such country and favorable tariff treatment of
articles that are the growth, product, or manufacture of such
country; and
(2) the term ``assistance'' does not include assistance of
the type authorized under chapter 9 of part 1 of the Foreign
Assistance Act of 1961 (relating to international disaster
assistance).
SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL
ACT FOR COUNTRIES NOT COOPERATING FULLY WITH
UNITED STATES ANTITERRORISM EFFORTS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et
seq.) is amended by adding at the end the following:
``Sec. 40A. Transactions With Countries Not Fully
Cooperating With United States Antiterrorism Efforts.--
``(a) Prohibited Transactions.--No defense article or
defense service may be sold or licensed for export under this
Act in a fiscal year to a foreign country that the President
determines and certifies to Congress, by May 15 of the
calendar year in which that fiscal year begins, is not
cooperating fully with United States antiterrorism efforts.
``(b) Waiver.--The President may waive the prohibition set
forth in subsection (a) with respect to a specific
transaction if the President determines that the transaction
is essential to the national security interests of the United
States.''.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
SEC. 401. ALIEN TERRORIST REMOVAL.
(a) In General.--The Immigration and Nationality Act is
amended by adding at the end the following new title:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``SEC. 501. DEFINITIONS.
``As used in this title--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(3) the term `national security' has the same meaning as
in section 1(b) of the Classified Information Procedures Act
(18 U.S.C. App.);
``(4) the term `removal court' means the court described in
section 502;
``(5) the term `removal hearing' means the hearing
described in section 504; and
``(6) the term `removal proceeding' means a proceeding
under this title.
``SEC. 502. ESTABLISHMENT OF REMOVAL COURT.
``(a) Designation of Judges.--The Chief Justice of the
United States shall publicly designate 5 district court
judges from 5 of the United States judicial circuits who
shall constitute a court that shall have jurisdiction to
conduct all removal proceedings. The Chief Justice may, in
the Chief Justice's discretion, designate the same judges
under this section as are designated pursuant to section
103(a) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1803(a)).
``(b) Terms.--Each judge designated under subsection (a)
shall serve for a term of 5 years and shall be eligible for
redesignation, except that of the members first designated--
``(1) 1 member shall serve for a term of 1 year;
``(2) 1 member shall serve for a term of 2 years;
``(3) 1 member shall serve for a term of 3 years; and
``(4) 1 member shall serve for a term of 4 years.
``(c) Chief Judge.--
``(1) Designation.--The Chief Justice shall publicly
designate one of the judges of the removal court to be the
chief judge of the removal court.
``(2) Responsibilities.--The chief judge shall--
``(A) promulgate rules to facilitate the functioning of the
removal court; and
``(B) assign the consideration of cases to the various
judges on the removal court.
``(d) Expeditious and Confidential Nature of Proceedings.--
The provisions of section 103(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
removal proceedings in the same manner as they apply to
proceedings under that Act.
``SEC. 503. REMOVAL COURT PROCEDURE.
``(a) Application.--
``(1) In general.--In any case in which the Attorney
General has classified information that an alien is an alien
terrorist, the Attorney General may seek removal of the alien
under this title by filing an application with the removal
court that contains--
``(A) the identity of the attorney in the Department of
Justice making the application;
``(B) a certification by the Attorney General or the Deputy
Attorney General that the application satisfies the criteria
and requirements of this section;
``(C) the identity of the alien for whom authorization for
the removal proceeding is sought; and
``(D) a statement of the facts and circumstances relied on
by the Department of Justice to establish probable cause
that--
``(i) the alien is an alien terrorist;
``(ii) the alien is physically present in the United
States; and
``(iii) with respect to such alien, removal under title II
would pose a risk to the national security of the United
States.
``(2) Filing.--An application under this section shall be
submitted ex parte and in camera, and shall be filed under
seal with the removal court.
``(b) Right To Dismiss.--The Attorney General may dismiss a
removal action under this title at any stage of the
proceeding.
``(c) Consideration of Application.--
``(1) Basis for decision.--In determining whether to grant
an application under this section, a single judge of the
removal court may consider, ex parte and in camera, in
addition to the information contained in the application--
``(A) other information, including classified information,
presented under oath or affirmation; and
``(B) testimony received in any hearing on the application,
of which a verbatim record shall be kept.
``(2) Approval of order.--The judge shall issue an order
granting the application, if the judge finds that there is
probable cause to believe that--
``(A) the alien who is the subject of the application has
been correctly identified and is an alien terrorist present
in the United States; and
``(B) removal under title II would pose a risk to the
national security of the United States.
``(3) Denial of order.--If the judge denies the order
requested in the application, the judge shall prepare a
written statement of the reasons for the denial, taking all
necessary precautions not to disclose any classified
information contained in the Government's application.
``(d) Exclusive Provisions.--If an order is issued under
this section granting an application, the rights of the alien
regarding removal and expulsion shall be governed solely by
this title, and except as they are specifically referenced in
this title, no other provisions of this Act shall be
applicable.
``SEC. 504. REMOVAL HEARING.
``(a) In General.--
``(1) Expeditious hearing.--In any case in which an
application for an order is approved under section 503(c)(2),
a removal hearing shall be conducted under this section as
expeditiously as practicable for the purpose of determining
whether the alien to whom the order pertains should be
removed from the United States on the grounds that the alien
is an alien terrorist.
``(2) Public hearing.--The removal hearing shall be open to
the public.
``(b) Notice.--An alien who is the subject of a removal
hearing under this title shall be given reasonable notice
of--
``(1) the nature of the charges against the alien,
including a general account of the basis for the charges; and
``(2) the time and place at which the hearing will be held.
``(c) Rights in Hearing.--
``(1) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled
to have counsel assigned to represent the alien. Such counsel
shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable
to obtain adequate representation for the district in which
the hearing is conducted, as provided for in section 3006A of
title 18, United States Code. All provisions of that section
shall apply and, for purposes of determining the maximum
amount of compensation, the matter shall be treated as if a
felony was charged.
``(2) Introduction of evidence.--Subject to the limitations
in subsection (e), the alien shall have a reasonable
opportunity to introduce evidence on the alien's own behalf.
``(3) Examination of witnesses.--Subject to the limitations
in subsection (e), the alien shall have a reasonable
opportunity to examine the evidence against the alien and to
cross-examine any witness.
``(4) Record.--A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a
hearing shall be kept.
[[Page 835]]
``(5) Removal decision based on evidence at hearing.--The
decision of the judge regarding removal shall be based only
on that evidence introduced at the removal hearing.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
removal hearing, either the alien or the Department of
Justice may request the judge to issue a subpoena for the
presence of a named witness (which subpoena may also command
the person to whom it is directed to produce books, papers,
documents, or other objects designated therein) upon a
satisfactory showing that the presence of the witness is
necessary for the determination of any material matter. Such
a request may be made ex parte except that the judge shall
inform the Department of Justice of any request for a
subpoena by the alien for a witness or material if compliance
with such a subpoena would reveal classified evidence or the
source of that evidence. The Department of Justice shall be
given a reasonable opportunity to oppose the issuance of such
a subpoena.
``(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the alien is
financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the
process and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this subsection
may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as a
witness subpoenaed in connection with a civil proceeding in a
court of the United States.
``(5) No access to classified information.--Nothing in this
subsection is intended to allow an alien to have access to
classified information.
``(e) Discovery.--
``(1) In general.--For purposes of this title--
``(A) discovery of information derived pursuant to the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), or otherwise collected for national security
purposes, shall not be authorized if disclosure would present
a risk to the national security of the United States;
``(B) an alien subject to removal under this title shall
not be entitled to suppress evidence that the alien alleges
was unlawfully obtained; and
``(C) section 3504 of title 18, United States Code, and
section 1806(c) of title 50, United States Code, shall not
apply if the Attorney General determines that public
disclosure would pose a risk to the national security of the
United States because it would disclose classified
information or otherwise threaten the integrity of a pending
investigation.
``(2) Protective orders.--Nothing in this title shall
prevent the United States from seeking protective orders and
from asserting privileges ordinarily available to the United
States to protect against the disclosure of classified
information, including the invocation of the military and
state secrets privileges.
``(3) Treatment of classified information.--
``(A) Use.--The judge shall examine, ex parte and in
camera, any evidence for which the Attorney General
determines that public disclosure would pose a risk to the
national security of the United States or to the security of
any individual because it would disclose classified
information.
``(B) Submission.--With respect to such information, the
Government shall submit to the removal court an unclassified
summary of the specific evidence that does not pose that
risk.
``(C) Approval.--Not later than 15 days after submission,
the judge shall approve the summary if the judge finds that
it is sufficient to enable the alien to prepare a defense.
The Government shall deliver to the alien a copy of the
unclassified summary approved under this subparagraph.
``(D) Disapproval.--
``(i) In general.--If an unclassified summary is not
approved by the removal court under subparagraph (C), the
Government shall be afforded 15 days to correct the
deficiencies identified by the court and submit a revised
unclassified summary.
``(ii) Revised summary.--If the revised unclassified
summary is not approved by the court within 15 days of its
submission pursuant to subparagraph (C), the removal hearing
shall be terminated.
``(f) Arguments.--Following the receipt of evidence, the
Government and the alien shall be given fair opportunity to
present argument as to whether the evidence is sufficient to
justify the removal of the alien. The Government shall open
the argument. The alien shall be permitted to reply. The
Government shall then be permitted to reply in rebuttal.
``(g) Burden of Proof.--In the hearing, it is the
Government's burden to prove, by the preponderance of the
evidence, that the alien is subject to removal because the
alien is an alien terrorist.
``(h) Rules of Evidence.--The Federal Rules of Evidence
shall not apply in a removal hearing.
``(i) Determination of Deportation.--If the judge, after
considering the evidence on the record as a whole, finds that
the Government has met its burden, the judge shall order the
alien removed and detained pending removal from the United
States. If the alien was released pending the removal
hearing, the judge shall order the Attorney General to take
the alien into custody.
``(j) Written Order.--At the time of issuing a decision as
to whether the alien shall be removed, the judge shall
prepare a written order containing a statement of facts found
and conclusions of law.
``(k) No Right to Ancillary Relief.--At no time shall the
judge consider or provide for relief from removal based on--
``(1) asylum under section 208;
``(2) withholding of deportation under section 243(h);
``(3) suspension of deportation under subsection (a) or (e)
of section 244;
``(4) adjustment of status under section 245; or
``(5) registry under section 249.
``SEC. 505. APPEALS.
``(a) Appeal of Denial of Application for Removal
Proceedings.--
``(1) In general.--The Attorney General may seek a review
of the denial of an order sought in an application filed
pursuant to section 503. The appeal shall be filed in the
United States Court of Appeals for the District of Columbia
Circuit by notice of appeal filed not later than 20 days
after the date of such denial.
``(2) Record on appeal.--The entire record of the
proceeding shall be transmitted to the Court of Appeals under
seal, and the Court of Appeals shall hear the matter ex
parte.
``(3) Standard of review.--The Court of Appeals shall--
``(A) review questions of law de novo; and
``(B) set aside a finding of fact only if such finding was
clearly erroneous.
``(b) Appeal of Determination Regarding Summary of
Classified Information.--
``(1) In general.--The United States may take an
interlocutory appeal to the United States Court of Appeals
for the District of Columbia Circuit of--
``(A) any determination by the judge pursuant to section
504(e)(3); or
``(B) the refusal of the court to make the findings
permitted by section 504(e)(3).
``(2) Record.--In any interlocutory appeal taken pursuant
to this subsection, the entire record, including any proposed
order of the judge, any classified information and the
summary of evidence, shall be transmitted to the Court of
Appeals. The classified information shall be transmitted
under seal. A verbatim record of such appeal shall be kept
under seal in the event of any other judicial review.
``(c) Appeal of Decision in Hearing.--
``(1) In general.--The decision of the judge after a
removal hearing may be appealed by either the alien or the
Attorney General to the United States Court of Appeals for
the District of Columbia Circuit by notice of appeal filed
not later than 20 days after the date on which the order is
issued. The order shall not be enforced during the pendency
of an appeal under this subsection.
``(2) Transmittal of record.--In an appeal or review to the
Court of Appeals pursuant to this subsection--
``(A) the entire record shall be transmitted to the Court
of Appeals; and
``(B) information received in camera and ex parte, and any
portion of the order that would reveal the substance or
source of such information, shall be transmitted under seal.
``(3) Expedited appellate proceeding.--In an appeal or
review to the Court of Appeals under this subsection--
``(A) the appeal or review shall be heard as expeditiously
as practicable and the court may dispense with full briefing
and hear the matter solely on the record of the judge of the
removal court and on such briefs or motions as the court may
require to be filed by the parties;
``(B) the Court of Appeals shall issue an opinion not later
than 60 days after the date of the issuance of the final
order of the district court;
``(C) the court shall review all questions of law de novo;
and
``(D) a finding of fact shall be accorded deference by the
reviewing court and shall not be set aside unless such
finding was clearly erroneous.
``(d) Certiorari.--Following a decision by the Court of
Appeals pursuant to subsection (c), the alien or the Attorney
General may petition the Supreme Court for a writ of
certiorari. In any such case, any information transmitted to
the Court of Appeals under seal shall, if such information is
also submitted to the Supreme Court, be transmitted under
seal. Any order of removal shall not be stayed pending
disposition of a writ of certiorari, except as provided by
the Court of Appeals or a Justice of the Supreme Court.
``(e) Appeal of Detention Order.--
``(1) In general.--Sections 3145 through 3148 of title 18,
United States Code, pertaining to review and appeal of a
release or detention order, penalties for failure to appear,
penalties for an offense committed while on release, and
sanctions for violation of a release condition shall apply to
an alien to whom section 507(b)(1) applies. In applying the
previous sentence--
``(A) for purposes of section 3145 of such title an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit; and
``(B) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of
an offense punishable by life imprisonment.
``(2) No review of continued detention.--The determinations
and actions of the Attorney General pursuant to section
507(b)(2)(C) shall not be subject to judicial review,
including application for a writ of habeas corpus, except for
a claim by the alien that continued detention violates the
alien's rights under the Constitution. Jurisdiction over
[[Page 836]]
any such challenge shall lie exclusively in the United States
Court of Appeals for the District of Columbia Circuit.
``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.
``(a) Upon Filing Application.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Attorney General may--
``(A) take into custody any alien with respect to whom an
application under section 503 has been filed; and
``(B) retain such an alien in custody in accordance with
the procedures authorized by this title.
``(2) Special rules for permanent resident aliens.--
``(A) Release hearing.--An alien lawfully admitted for
permanent residence shall be entitled to a release hearing
before the judge assigned to hear the removal hearing. Such
an alien shall be detained pending the removal hearing,
unless the alien demonstrates to the court that the alien--
``(i) is a person lawfully admitted for permanent residence
in the United States;
``(ii) if released upon such terms and conditions as the
court may prescribe (including the posting of any monetary
amount), is not likely to flee; and
``(iii) will not endanger national security, or the safety
of any person or the community, if released.
``(B) Information considered.--The judge may consider
classified information submitted in camera and ex parte in
making a determination whether to release an alien pending
the removal hearing.
``(3) Release if order denied and no review sought.--
``(A) In general.--Subject to subparagraph (B), if a judge
of the removal court denies the order sought in an
application filed pursuant to section 503, and the Attorney
General does not seek review of such denial, the alien shall
be released from custody.
``(B) Application of regular procedures.--Subparagraph (A)
shall not prevent the arrest and detention of the alien
pursuant to title II.
``(b) Conditional Release if Order Denied and Review
Sought.--
``(1) In general.--If a judge of the removal court denies
the order sought in an application filed pursuant to section
503 and the Attorney General seeks review of such denial, the
judge shall release the alien from custody subject to the
least restrictive condition, or combination of conditions, of
release described in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United States
Code, that--
``(A) will reasonably assure the appearance of the alien at
any future proceeding pursuant to this title; and
``(B) will not endanger the safety of any other person or
the community.
``(2) No release for certain aliens.--If the judge finds no
such condition or combination of conditions, as described in
paragraph (1), the alien shall remain in custody until the
completion of any appeal authorized by this title.
``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.
``(a) Release.--
``(1) In general.--Subject to paragraph (2), if the judge
decides that an alien should not be removed, the alien shall
be released from custody.
``(2) Custody pending appeal.--If the Attorney General
takes an appeal from such decision, the alien shall remain in
custody, subject to the provisions of section 3142 of title
18, United States Code.
``(b) Custody and Removal.--
``(1) Custody.--If the judge decides that an alien shall be
removed, the alien shall be detained pending the outcome of
any appeal. After the conclusion of any judicial review
thereof which affirms the removal order, the Attorney General
shall retain the alien in custody and remove the alien to a
country specified under paragraph (2).
``(2) Removal.--
``(A) In general.--The removal of an alien shall be to any
country which the alien shall designate if such designation
does not, in the judgment of the Attorney General, in
consultation with the Secretary of State, impair the
obligation of the United States under any treaty (including a
treaty pertaining to extradition) or otherwise adversely
affect the foreign policy of the United States.
``(B) Alternate countries.--If the alien refuses to
designate a country to which the alien wishes to be removed
or if the Attorney General, in consultation with the
Secretary of State, determines that removal of the alien to
the country so designated would impair a treaty obligation or
adversely affect United States foreign policy, the Attorney
General shall cause the alien to be removed to any country
willing to receive such alien.
``(C) Continued detention.--If no country is willing to
receive such an alien, the Attorney General may,
notwithstanding any other provision of law, retain the alien
in custody. The Attorney General, in coordination with the
Secretary of State, shall make periodic efforts to reach
agreement with other countries to accept such an alien and at
least every 6 months shall provide to the attorney
representing the alien at the removal hearing a written
report on the Attorney General's efforts. Any alien in
custody pursuant to this subparagraph shall be released from
custody solely at the discretion of the Attorney General and
subject to such conditions as the Attorney General shall deem
appropriate.
``(D) Fingerprinting.--Before an alien is removed from the
United States pursuant to this subsection, or pursuant to an
order of exclusion because such alien is excludable under
section 212(a)(3)(B), the alien shall be photographed and
fingerprinted, and shall be advised of the provisions of
section 276(b).
``(c) Continued Detention Pending Trial.--
``(1) Delay in removal.--The Attorney General may hold in
abeyance the removal of an alien who has been ordered
removed, pursuant to this title, to allow the trial of such
alien on any Federal or State criminal charge and the service
of any sentence of confinement resulting from such a trial.
``(2) Maintenance of custody.--Pending the commencement of
any service of a sentence of confinement by an alien
described in paragraph (1), such an alien shall remain in the
custody of the Attorney General, unless the Attorney General
determines that temporary release of the alien to the custody
of State authorities for confinement in a State facility is
appropriate and would not endanger national security or
public safety.
``(3) Subsequent removal.--Following the completion of a
sentence of confinement by an alien described in paragraph
(1), or following the completion of State criminal
proceedings which do not result in a sentence of confinement
of an alien released to the custody of State authorities
pursuant to paragraph (2), such an alien shall be returned to
the custody of the Attorney General who shall proceed to the
removal of the alien under this title.
``(d) Application of Certain Provisions Relating to Escape
of Prisoners.--For purposes of sections 751 and 752 of title
18, United States Code, an alien in the custody of the
Attorney General pursuant to this title shall be subject to
the penalties provided by those sections in relation to a
person committed to the custody of the Attorney General by
virtue of an arrest on a charge of a felony.
``(e) Rights of Aliens in Custody.--
``(1) Family and attorney visits.--An alien in the custody
of the Attorney General pursuant to this title shall be given
reasonable opportunity, as determined by the Attorney
General, to communicate with and receive visits from members
of the alien's family, and to contact, retain, and
communicate with an attorney.
``(2) Diplomatic contact.--An alien in the custody of the
Attorney General pursuant to this title shall have the right
to contact an appropriate diplomatic or consular official of
the alien's country of citizenship or nationality or of any
country providing representation services therefore. The
Attorney General shall notify the appropriate embassy,
mission, or consular office of the alien's detention.''.
(b) Jurisdiction Over Exclusion Orders for Alien
Terrorists.--Section 106(b) of the Immigration and
Nationality Act (8 U.S.C. 1105a(b)) is amended by adding at
the end the following sentence: ``Jurisdiction to review an
order entered pursuant to the provisions of section 235(c)
concerning an alien excludable under section 212(a)(3)(B)
shall rest exclusively in the United States Court of Appeals
for the District of Columbia Circuit.''.
(c) Criminal Penalty for Reentry of Alien Terrorists.--
Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under
section 212(a)(3)(B) or who has been removed from the United
States pursuant to the provisions of title V, and who
thereafter, without the permission of the Attorney General,
enters the United States, or attempts to do so, shall be
fined under title 18, United States Code, and imprisoned for
a period of 10 years, which sentence shall not run
concurrently with any other sentence.''.
(d) Table of Contents.--The Immigration and Nationality Act
is amended by adding at the end of the table of contents the
following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.
(e) Elimination of Custody Review by Habeas Corpus.--
Section 106(a) of the Immigration and Nationality Act (8
U.S.C. 1105a(a)) is amended--
(1) in paragraph (8), by adding ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (10).
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply to all aliens without regard to the date of entry
or attempted entry into the United States.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations
SEC. 411. EXCLUSION OF ALIEN TERRORISTS.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
[[Page 837]]
(1) in clause (i)--
(A) in subclause (I), by striking ``or'' at the end;
(B) in subclause (II), by inserting ``is engaged in or''
after ``believe,''; and
(C) by inserting after subclause (II) the following:
``(III) is a representative (as defined in clause (iv)) of
a foreign terrorist organization, as designated by the
Secretary under section 219, or
``(IV) is a member of a foreign terrorist organization, as
designated by the Secretary under section 219,''; and
(2) by adding at the end the following:
``(iv) Representative defined.--As used in this paragraph,
the term `representative' includes an officer, official, or
spokesman of an organization, and any person who directs,
counsels, commands, or induces an organization or its members
to engage in terrorist activity.''.
SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF
APPLICATION FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8
U.S.C. 1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting each
new subparagraph 2 ems to the right;
(2) by striking ``If'' and inserting ``(1) Subject to
paragraphs (2) and (3), if''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary of State may waive the requirements of
paragraph (1) with respect to a particular alien or any class
or classes of excludable aliens.
``(3) Paragraph (1) does not apply to any alien excludable
under paragraph (2) or (3) of subsection (a).''.
SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.
(a) Withholding of Deportation.--Section 243(h)(2) of the
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is
amended by adding at the end the following new sentence:
``For purposes of subparagraph (D), an alien who is described
in section 241(a)(4)(B) shall be considered to be an alien
for whom there are reasonable grounds for regarding as a
danger to the security of the United States.''.
(b) Suspension of Deportation.--Section 244(a) of such Act
(8 U.S.C. 1254(a)) is amended by striking ``section
241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of
section 241(a)(4)''.
(c) Voluntary Departure.--Section 244(e)(2) of such Act (8
U.S.C. 1254(e)(2)) is amended by inserting ``under section
241(a)(4)(B) or'' after ``who is deportable''.
(d) Adjustment of Status.--Section 245(c) of such Act (8
U.S.C. 1255(c)) is amended--
(1) by striking ``or'' before ``(5)'', and
(2) by inserting before the period at the end the
following: ``, or (6) an alien who is deportable under
section 241(a)(4)(B)''.
(e) Registry.--Section 249(d) of such Act (8 U.S.C.
1259(d)) is amended by inserting ``and is not deportable
under section 241(a)(4)(B)'' after ``ineligible to
citizenship''.
(f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h))
is amended by adding at the end the following:
``(3) Notwithstanding any other provision of law, paragraph
(1) shall apply to any alien if the Attorney General
determines, in the discretion of the Attorney General, that--
``(A) such alien's life or freedom would be threatened, in
the country to which such alien would be deported or
returned, on account of race, religion, nationality,
membership in a particular social group, or political
opinion; and
``(B) the application of paragraph (1) to such alien is
necessary to ensure compliance with the 1967 United Nations
Protocol Relating to the Status of Refugees.''.
(g) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to applications filed before, on, or after
such date if final action has not been taken on them before
such date.
SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND
ADMITTED.
(a) In General.--Section 241 of the Immigration and
Nationality Act (8 U.S.C. 1251) is amended by adding at the
end the following new subsection:
``(d) Notwithstanding any other provision of this title, an
alien found in the United States who has not been admitted to
the United States after inspection in accordance with section
235 is deemed for purposes of this Act to be seeking entry
and admission to the United States and shall be subject to
examination and exclusion by the Attorney General under
chapter 4. In the case of such an alien the Attorney General
shall provide by regulation an opportunity for the alien to
establish that the alien was so admitted.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning more than 90 days after the date of the enactment
of this Act.
Subtitle C--Modification to Asylum Procedures
SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) In General.--Section 208(a) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)) is amended by adding at
the end the following: ``The Attorney General may not grant
an alien asylum if the Attorney General determines that the
alien is excludable under subclause (I), (II), or (III) of
section 212(a)(3)(B)(i) or deportable under section
241(a)(4)(B), unless the Attorney General determines, in the
discretion of the Attorney General, that there are not
reasonable grounds for regarding the alien as a danger to the
security of the United States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply to asylum determinations made on or after such
date.
SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(a) In General.--Subsection (b) of section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225) is amended to
read as follows:
``(b)(1)(A) If the examining immigration officer determines
that an alien seeking entry--
``(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
``(ii) does not indicate either an intention to apply for
asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United
States without further hearing or review.
``(B) The examining immigration officer shall refer for an
interview by an asylum officer under subparagraph (C) any
alien who is excludable under section 212(a)(6)(C) or
212(a)(7) and has indicated an intention to apply for asylum
under section 208 or a fear of persecution.
``(C)(i) An asylum officer shall promptly conduct
interviews of aliens referred under subparagraph (B).
``(ii) If the officer determines at the time of the
interview that an alien has a credible fear of persecution
(as defined in clause (v)), the alien shall be detained for
an asylum hearing before an asylum officer under section 208.
``(iii)(I) Subject to subclause (II), if the officer
determines that the alien does not have a credible fear of
persecution, the officer shall order the alien excluded from
the United States without further hearing or review.
``(II) The Attorney General shall promulgate regulations to
provide for the immediate review by a supervisory asylum
office at the port of entry of a determination under
subclause (I).
``(iv) The Attorney General shall provide information
concerning the asylum interview described in this
subparagraph to aliens who may be eligible. An alien who is
eligible for such interview may consult with a person or
persons of the alien's choosing prior to the interview or any
review thereof, according to regulations prescribed by the
Attorney General. Such consultation shall be at no expense to
the Government and shall not delay the process.
``(v) For purposes of this subparagraph, the term `credible
fear of persecution' means (I) that it is more probable than
not that the statements made by the alien in support of the
alien's claim are true, and (II) that there is a significant
possibility, in light of such statements and of such other
facts as are known to the officer, that the alien could
establish eligibility for asylum under section 208.
``(D) As used in this paragraph, the term `asylum officer'
means an immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques; and
``(ii) is supervised by an officer who meets the condition
in clause (i).
``(E)(i) An exclusion order entered in accordance with
subparagraph (A) is not subject to administrative appeal,
except that the Attorney General shall provide by regulation
for prompt review of such an order against an alien who
claims under oath, or as permitted under penalty of perjury
under section 1746 of title 28, United States Code, after
having been warned of the penalties for falsely making such
claim under such conditions, to have been lawfully admitted
for permanent residence.
``(ii) In any action brought against an alien under section
275(a) or section 276, the court shall not have jurisdiction
to hear any claim attacking the validity of an order of
exclusion entered under subparagraph (A).
``(2)(A) Except as provided in subparagraph (B), if the
examining immigration officer determines that an alien
seeking entry is not clearly and beyond a doubt entitled to
enter, the alien shall be detained for a hearing before a
special inquiry officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
``(iii) if the conditions described in section 273(d)
exist.
``(3) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to
challenge by any other immigration officer and such challenge
shall operate to take the alien whose privilege to enter is
so challenged, before a special inquiry officer for a hearing
on exclusion of the alien.''.
(b) Conforming Amendment.--Section 237(a) of such Act (8
U.S.C. 1227(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Deportation'' and inserting ``Subject to section 235(b)(1),
deportation'', and
(2) in the first sentence of paragraph (2), by striking
``If'' and inserting ``Subject to section 235(b)(1), if''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month that
begins more than 90 days after the date of the enactment of
this Act.
[[Page 838]]
SEC. 423. JUDICIAL REVIEW.
(a) Preclusion of Judicial Review.--Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion, and special
exclusion''; and
(2) by adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and
except as provided in this subsection, no court shall have
jurisdiction to review any individual determination, or to
entertain any other cause or claim, arising from or relating
to the implementation or operation of section 235(b)(1).
Regardless of the nature of the action or claim, or the party
or parties bringing the action, no court shall have
jurisdiction or authority to enter declaratory, injunctive,
or other equitable relief not specifically authorized in this
subsection nor to certify a class under Rule 23 of the
Federal Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be
available in habeas corpus proceedings, and shall be limited
to determinations of--
``(A) whether the petitioner is an alien, if the petitioner
makes a showing that the petitioner's claim of United States
nationality is not frivolous;
``(B) whether the petitioner was ordered specially excluded
under section 235(b)(1)(A); and
``(C) whether the petitioner can prove by a preponderance
of the evidence that the petitioner is an alien lawfully
admitted for permanent residence and is entitled to such
review as is provided by the Attorney General pursuant to
section 235(b)(1)(E)(i).
``(3) In any case where the court determines that an alien
was not ordered specially excluded, or was not properly
subject to special exclusion under the regulations adopted by
the Attorney General, the court may order no relief beyond
requiring that the alien receive a hearing in accordance with
section 236, or a determination in accordance with section
235(c) or 273(d).
``(4) In determining whether an alien has been ordered
specially excluded, the court's inquiry shall be limited to
whether such an order was in fact issued and whether it
relates to the petitioner.''.
(b) Preclusion of Collateral Attacks.--Section 235 of such
Act (8 U.S.C. 1225) is amended by adding at the end the
following new subsection:
``(d) In any action brought for the assessment of penalties
for improper entry or re-entry of an alien under section 275
or section 276, no court shall have jurisdiction to hear
claims collaterally attacking the validity of orders of
exclusion, special exclusion, or deportation entered under
this section or sections 236 and 242.''.
(c) Clerical Amendment.--The item relating to section 106
in the table of contents of such Act is amended to read as
follows:
``Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.''.
Subtitle D--Criminal Alien Procedural Improvements
SEC. 431. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7
YEARS PERMANENT RESIDENCE FOR CERTAIN CRIMINAL
ALIENS.
The last sentence of section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)) is amended by striking
``has served for such felony or felonies'' and all that
follows through the period and inserting ``has been sentenced
for such felony or felonies to a term of imprisonment of at
least 5 years, if the time for appealing such conviction or
sentence has expired and the sentence has become final.''.
SEC. 432. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND
NATURALIZATION FILES THROUGH COURT ORDER.
(a) Confidentiality of Information.--Section 245A(c)(5) of
the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is
amended--
(1) by inserting ``(i)'' after ``except the Attorney
General''; and
(2) by inserting after ``Title 13'' the following: ``and
(ii) may authorize an application to a Federal court of
competent jurisdiction for, and a judge of such court may
grant, an order authorizing disclosure of information
contained in the application of the alien to be used--
``(I) for identification of the alien when there is reason
to believe that the alien has been killed or severely
incapacitated; or
``(II) for criminal law enforcement purposes against the
alien whose application is to be disclosed.''.
(b) Applications for Adjustment of Status.--Section 210(b)
of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is
amended--
(1) in paragraph (5), by inserting ``, except as allowed by
a court order issued pursuant to paragraph (6) of this
subsection'' after ``consent of the alien''; and
(2) in paragraph (6), by inserting the following sentence
before ``Anyone who uses'': ``Notwithstanding the preceding
sentence, the Attorney General may authorize an application
to a Federal court of competent jurisdiction for, and a judge
of such court may grant an order authorizing, disclosure of
information contained in the application of the alien to be
used for identification of the alien when there is reason to
believe that the alien has been killed or severely
incapacitated, or for criminal law enforcement purposes
against the alien whose application is to be disclosed or to
discover information leading to the location or identity of
the alien.''.
SEC. 433. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) is amended to
read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
(8 U.S.C. 1252(a)(3)(A)), operate a criminal alien
identification system. The criminal alien identification
system shall be used to assist Federal, State, and local law
enforcement agencies in identifying and locating aliens who
may be subject to deportation by reason of their conviction
of aggravated felonies.''.
SEC. 434. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES
AS RICO-PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is
amended--
(1) by inserting ``section 1028 (relating to fraud and
related activity in connection with identification documents)
if the act indictable under section 1028 was committed for
the purpose of financial gain,'' before ``section 1029'';
(2) by inserting ``section 1542 (relating to false
statement in application and use of passport) if the act
indictable under section 1542 was committed for the purpose
of financial gain, section 1543 (relating to forgery or false
use of passport) if the act indictable under section 1543 was
committed for the purpose of financial gain, section 1544
(relating to misuse of passport) if the act indictable under
section 1544 was committed for the purpose of financial gain,
section 1546 (relating to fraud and misuse of visas, permits,
and other documents) if the act indictable under section 1546
was committed for the purpose of financial gain, sections
1581-1588 (relating to peonage and slavery),'' after
``section 1513 (relating to retaliating against a witness,
victim, or an informant),'';
(3) by striking ``or'' before ``(E)''; and
(4) by inserting before the period at the end the
following: ``, or (F) any act which is indictable under the
Immigration and Nationality Act, section 274 (relating to
bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation of
alien for immoral purpose) if the act indictable under such
section of such Act was committed for the purpose of
financial gain''.
SEC. 435. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (n),
(2) by redesignating paragraph (o) as paragraph (p), and
(3) by inserting after paragraph (n) the following new
paragraph:
``(o) a felony violation of section 1028 (relating to
production of false identification documents), section 1542
(relating to false statements in passport applications),
section 1546 (relating to fraud and misuse of visas, permits,
and other documents) of this title or a violation of section
274, 277, or 278 of the Immigration and Nationality Act
(relating to the smuggling of aliens); or''.
SEC. 436. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF
MORAL TURPITUDE.
(a) In General.--Section 241(a)(2)(A)(i)(II) of the
Immigration and Nationality Act (8 U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
``(II) is convicted of a crime for which a sentence of one
year or longer may be imposed,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens against whom deportation proceedings
are initiated after the date of the enactment of this Act.
SEC. 437. MISCELLANEOUS PROVISIONS.
(a) Use of Electronic and Telephonic Media in Deportation
Hearings.--The second sentence of section 242(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended
by inserting before the period the following: ``; except that
nothing in this subsection shall preclude the Attorney
General from authorizing proceedings by electronic or
telephonic media (with the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien''.
(b) Codification.--
(1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is
amended by adding at the end the following: ``Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by
any party against the United States or its agencies or
officers or any other person.''.
(2) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) is
amended by striking ``and nothing in'' and all that follows
through ``1252(i))''.
(3) The amendments made by this subsection shall take
effect as if included in the enactment of the Immigration and
Nationality Technical Corrections Act of 1994 (Public Law
103-416).
SEC. 438. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Attorney General
[[Page 839]]
and the Commissioner of Immigration and Naturalization shall
develop and implement a program in which aliens who
previously have illegally entered the United States not less
than 3 times and are deported or returned to a country
contiguous to the United States will be returned to locations
not less than 500 kilometers from that country's border with
the United States.
SEC. 439. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO
COMPLETION OF SENTENCE OF IMPRISONMENT.
(a) In General.--Section 242(h) of the Immigration and
Nationality Act (8 U.S.C. 1252(h)) is amended to read as
follows:
``(h)(1) Except as provided in paragraph (2), an alien
sentenced to imprisonment may not be deported until such
imprisonment has been terminated by the release of the alien
from confinement. Parole, supervised release, probation, or
possibility of rearrest or further confinement in respect of
the same offense shall not be a ground for deferral of
deportation.
``(2) The Attorney General is authorized to deport an alien
in accordance with applicable procedures under this Act prior
to the completion of a sentence of imprisonment--
``(A) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that (i)
the alien is confined pursuant to a final conviction for a
nonviolent offense (other than alien smuggling), and (ii)
such deportation of the alien is appropriate and in the best
interest of the United States; or
``(B) in the case of an alien in the custody of a State (or
a political subdivision of a State), if the chief State
official exercising authority with respect to the
incarceration of the alien determines that (i) the alien is
confined pursuant to a final conviction for a nonviolent
offense (other than alien smuggling), (ii) such deportation
is appropriate and in the best interest of the State, and
(iii) submits a written request to the Attorney General that
such alien be so deported.
``(3) Any alien deported pursuant to this subsection shall
be notified of the penalties under the laws of the United
States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens deported under
paragraph (2).''.
(b) Reentry of Alien Deported Prior to Completion of Term
of Imprisonment.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended by adding at the
end the following new subsection:
``(c) Any alien deported pursuant to section 242(h)(2) who
enters, attempts to enter, or is at any time found in, the
United States (unless the Attorney General has expressly
consented to such alien's reentry) shall be incarcerated for
the remainder of the sentence of imprisonment which was
pending at the time of deportation without any reduction for
parole or supervised release. Such alien shall be subject to
such other penalties relating to the reentry of deported
aliens as may be available under this section or any other
provision of law.''.
SEC. 440. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT
OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL
ALIENS.
(a) In General.--Notwithstanding any other provision of
law, to the extent permitted by relevant State and local law,
State and local law enforcement officials are authorized to
arrest and detain an individual who--
(1) is an alien illegally present in the United States; and
(2) has previously been convicted of a felony in the United
States and deported or left the United States after such
conviction,
but only after the State or local law enforcement officials
obtain appropriate confirmation from the Immigration and
Naturalization Service of the status of such individual and
only for such period of time as may be required for the
Service to take the individual into Federal custody for
purposes of deporting or removing the alien from the United
States.
(b) Cooperation.--The Attorney General shall cooperate with
the States to assure that information in the control of the
Attorney General, including information in the National Crime
Information Center, that would assist State and local law
enforcement officials in carrying out duties under subsection
(a) is made available to such officials.
SEC. 441. CRIMINAL ALIEN REMOVAL.
(a) Judicial Review.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as
follows:
``(10) Any final order of deportation against an alien who
is deportable by reason of having committed a criminal
offense covered in section 241(a)(2) (A)(iii), (B), (C), or
(D), or any offense covered by section 241(a)(2)(A)(ii) for
which both predicate offenses are covered by section
241(a)(2)(A)(i), shall not be subject to review by any
court.''.
(b) Final Order of Deportation Defined.--Section 101(a) of
such Act (8 U.S.C. 1101(a)) is amended by adding at the end
the following new paragraph:
``(47)(A) The term `order of deportation' means the order
of the special inquiry officer, or other such administrative
officer to whom the Attorney General has delegated the
responsibility for determining whether an alien is
deportable, concluding that the alien is deportable or
ordering deportation.
``(B) The order described under subparagraph (A) shall
become final upon the earlier of--
``(i) a determination by the Board of Immigration Appeals
affirming such order; or
``(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of
Immigration Appeals.''.
(c) Arrest and Custody.--Section 242(a)(2) of such Act is
amended--
(1) in subparagraph (A)--
(A) by striking ``(2)(A) The Attorney'' and inserting ``(2)
The Attorney'';
(B) by striking ``an aggravated felony upon'' and all that
follows through ``of the same offense)'' and inserting ``any
criminal offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i), upon release of the alien
from incarceration, shall deport the alien as expeditiously
as possible''; and
(C) by striking ``but subject to subparagraph (B)''; and
(2) by striking subparagraph (B).
(d) Classes of Excludable Aliens.--Section 212(c) of such
Act (8 U.S.C. 1182(c)) is amended--
(1) by striking ``The first sentence of this'' and
inserting ``This''; and
(2) by striking ``has been convicted of one or more
aggravated felonies'' and all that follows through the end
and inserting ``is deportable by reason of having committed
any criminal offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i).''.
(e) Aggravated Felony Defined.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416), is
amended--
(1) in subparagraph (J), by inserting ``, or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling
offenses),'' after ``corrupt organizations)'';
(2) in subparagraph (K)--
(A) by striking ``or'' at the end of clause (i),
(B) by redesignating clause (ii) as clause (iii), and
(C) by inserting after clause (i) the following new clause:
``(ii) is described in section 2421, 2422, or 2423 of title
18, United States Code (relating to transportation for the
purpose of prostitution) for commercial advantage; or'';
(3) by amending subparagraph (N) to read as follows:
``(N) an offense described in paragraph (1)(A) or (2) of
section 274(a) (relating to alien smuggling) for which the
term of imprisonment imposed (regardless of any suspension of
imprisonment) is at least 5 years;'';
(4) by amending subparagraph (O) to read as follows:
``(O) an offense (i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport
or instrument in violation of section 1543 of title 18,
United States Code, or is described in section 1546(a) of
such title (relating to document fraud) and (ii) for which
the term of imprisonment imposed (regardless of any
suspension of such imprisonment) is at least 18 months;''
(5) in subparagraph (P), by striking ``15 years'' and
inserting ``5 years'', and by striking ``and'' at the end;
(6) by redesignating subparagraphs (O), (P), and (Q) as
subparagraphs (P), (Q), and (U), respectively;
(7) by inserting after subparagraph (N) the following new
subparagraph:
``(O) an offense described in section 275(a) or 276
committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph;''; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for which a
sentence of 5 years' imprisonment or more may be imposed;
``(S) an offense relating to obstruction of justice,
perjury or subornation of perjury, or bribery of a witness,
for which a sentence of 5 years' imprisonment or more may be
imposed;
``(T) an offense relating to a failure to appear before a
court pursuant to a court order to answer to or dispose of a
charge of a felony for which a sentence of 2 years'
imprisonment or more may be imposed; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to convictions entered on or after the date of
the enactment of this Act, except that the amendment made by
subsection (a)(3) shall take effect as if included in the
enactment of section 222 of the Immigration and Nationality
Technical Corrections Act of 1994.
(f) Deportation of Criminal Aliens.--Section 242A(a) of
such Act (8 U.S.C. 1252a) is amended--
(1) in paragraph (1)--
(A) by striking ``aggravated felonies (as defined in
section 101(a)(43) of this title)'' and inserting ``any
criminal offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i).''; and
(B) by striking ``, where warranted,'';
(2) in paragraph (2), by striking ``aggravated felony'' and
all that follows through ``before any scheduled hearings.''
and inserting ``any criminal offense covered in section
241(a)(2) (A)(iii), (B), (C), or (D), or any of
[[Page 840]]
fense covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section 241(a)(2)(A)(i).''.
(g) Deadlines for Deporting Alien.--Section 242(c) of such
Act (8 U.S.C. 1252(c)) is amended--
(1) by striking ``(c) When a final order'' and inserting
``(c)(1) Subject to paragraph (2), when a final order''; and
(2) by inserting at the end the following new paragraph:
``(2) When a final order of deportation under
administrative process is made against any alien who is
deportable by reason of having committed a criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or
any offense covered by section 241(a)(2)(A)(ii) for which
both predicate offenses are covered by section
241(a)(2)(A)(i), the Attorney General shall have 30 days from
the date of the order within which to effect the alien's
departure from the United States. The Attorney General shall
have sole and unreviewable discretion to waive the foregoing
provision for aliens who are cooperating with law enforcement
authorities or for purposes of national security.''.
SEC. 442. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING
DEPORTATION ORDER.
(a) In General.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended by adding at the
end the following new subsection:
``(d) In a criminal proceeding under this section, an alien
may not challenge the validity of the deportation order
described in subsection (a)(1) or subsection (b) unless the
alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to criminal proceedings initiated after the date
of enactment of this Act.
SEC. 443. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS
WHO ARE NOT PERMANENT RESIDENTS.
(a) Administrative Hearings.--Section 242A(b) of the
Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added
by section 130004(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (A) and
inserting ``or'', and
(B) by amending subparagraph (B) to read as follows:
``(B) had permanent resident status on a conditional basis
(as described in section 216) at the time that proceedings
under this section commenced.'';
(2) in paragraph (3), by striking ``30 calendar days'' and
inserting ``14 calendar days'';
(3) in paragraph (4)(B), by striking ``proccedings'' and
inserting ``proceedings'';
(4) in paragraph (4)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(B) by adding after subparagraph (C) the following new
subparagraphs:
``(D) such proceedings are conducted in, or translated for
the alien into, a language the alien understands;
``(E) a determination is made for the record at such
proceedings that the individual who appears to respond in
such a proceeding is an alien subject to such an expedited
proceeding under this section and is, in fact, the alien
named in the notice for such proceeding;''.
(5) by adding at the end the following new paragraph:
``(5) No alien described in this section shall be eligible
for any relief from deportation that the Attorney General may
grant in the Attorney General's discretion.''.
(b) Limit on Judicial Review.--Subsection (d) of section
106 of the Immigration and Nationality Act (8 U.S.C. 1105a),
as added by section 130004(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), is
amended to read as follows:
``(d) Notwithstanding subsection (c), a petition for review
or for habeas corpus on behalf of an alien described in
section 242A(c) may only challenge whether the alien is in
fact an alien described in such section, and no court shall
have jurisdiction to review any other issue.''.
(c) Presumption of Deportability.--Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is amended
by inserting after subsection (b) the following new
subsection:
``(c) Presumption of Deportability.--An alien convicted of
an aggravated felony shall be conclusively presumed to be
deportable from the United States.''.
(d) Effective Date.--The amendments made by this section
shall apply to all aliens against whom deportation
proceedings are initiated after the date of the enactment of
this Act.
SEC. 444. EXTRADITION OF ALIENS.
(a) Scope.--Section 3181 of title 18, United States Code,
is amended--
(1) by inserting ``(a)'' before ``The provisions of this
chapter''; and
(2) by adding at the end the following new subsections:
``(b) The provisions of this chapter shall be construed to
permit, in the exercise of comity, the surrender of persons,
other than citizens, nationals, or permanent residents of the
United States, who have committed crimes of violence against
nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with
such foreign government if the Attorney General certifies, in
writing, that--
``(1) evidence has been presented by the foreign government
that indicates that had the offenses been committed in the
United States, they would constitute crimes of violence as
defined under section 16 of this title; and
``(2) the offenses charged are not of a political nature.
``(c) As used in this section, the term `national of the
United States' has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Fugitives.--Section 3184 of title 18, United States
Code, is amended--
(1) in the first sentence by inserting after ``United
States and any foreign government,'' the following: ``or in
cases arising under section 3181(b),'';
(2) in the first sentence by inserting after ``treaty or
convention,'' the following: ``or provided for under section
3181(b),''; and
(3) in the third sentence by inserting after ``treaty or
convention,'' the following: ``or under section 3181(b),''.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
SEC. 501. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) nuclear materials, including byproduct materials, can
be used to create radioactive dispersal devices that are
capable of causing serious bodily injury as well as
substantial damage to property and to the environment;
(2) the potential use of nuclear materials, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect on the security
interests of the United States;
(3) due to the widespread hazards presented by the threat
of nuclear contamination, as well as nuclear bombs, the
United States has a strong interest in ensuring that persons
who are engaged in the illegal acquisition and use of nuclear
materials, including byproduct materials, are prosecuted for
their offenses;
(4) the threat that nuclear materials will be obtained and
used by terrorist and other criminal organizations has
increased substantially since the enactment in 1982 of the
legislation that implemented the Convention on the Physical
Protection of Nuclear Material, codified at section 831 of
title 18, United States Code;
(5) the successful efforts to obtain agreements from other
countries to dismantle nuclear weapons have resulted in
increased packaging and transportation of nuclear materials,
thereby decreasing the security of such materials by
increasing the opportunity for unlawful diversion and theft;
(6) the trafficking in the relatively more common,
commercially available, and usable nuclear and byproduct
materials creates the potential for significant loss of life
and environmental damage;
(7) report trafficking incidents in the early 1990's
suggest that the individuals involved in trafficking in these
materials from Eurasia and Eastern Europe frequently
conducted their black market sales of these materials within
the Federal Republic of Germany, the Baltic States, the
former Soviet Union, Central Europe, and to a lesser extent
in the Middle European countries;
(8) the international community has become increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials;
(9) the potentially disastrous ramifications of increased
access to nuclear and nuclear byproduct materials pose such a
significant threat that the United States must use all lawful
methods available to combat the illegal use of such
materials;
(10) the United States has an interest in encouraging
United States corporations to do business in the countries
that comprised the former Soviet Union, and in other
developing democracies;
(11) protection of such United States corporations from
threats created by the unlawful use of nuclear materials is
important to the success of the effort to encourage business
ventures in these countries, and to further the foreign
relations and commerce of the United States;
(12) the nature of nuclear contamination is such that it
may affect the health, environment, and property of United
States nationals even if the acts that constitute the illegal
activity occur outside the territory of the United States,
and are primarily directed toward foreign nationals; and
(13) there is presently no Federal criminal statute that
provides adequate protection to United States interests from
nonweapons grade, yet hazardous radioactive material, and
from the illegal diversion of nuclear materials that are held
for other than peaceful purposes.
(b) Purpose.--The purpose of this title is to provide
Federal law enforcement agencies with the necessary means and
the maximum authority permissible under the Constitution to
combat the threat of nuclear contamination and proliferation
that may result from the illegal possession and use of
radioactive materials.
[[Page 841]]
SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF
NUCLEAR MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``nuclear material'' each place it appears
and inserting ``nuclear material or nuclear byproduct
material'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or to the
environment'' after ``property''; and
(ii) so that subparagraph (B) reads as follows:
``(B) circumstances exist, or have been represented to the
defendant to exist, that are likely to cause the death or
serious bodily injury to any person, or substantial damage to
property or to the environment;''; and
(C) in paragraph (6), by inserting ``or to the
environment'' after ``property'';
(2) in subsection (c)--
(A) so that paragraph (2) reads as follows:
``(2) an offender or a victim is--
``(A) a national of the United States; or
``(B) a United States corporation or other legal entity;'';
(B) in paragraph (3)--
(i) by striking ``at the time of the offense the nuclear
material is in use, storage, or transport, for peaceful
purposes, and''; and
(ii) by striking ``or'' at the end of the paragraph;
(C) in paragraph (4)--
(i) by striking ``nuclear material for peaceful purposes''
and inserting ``nuclear material or nuclear byproduct
material''; and
(ii) by striking the period at the end of the paragraph and
inserting ``; or''; and
(D) by adding at the end the following new paragraph:
``(5) either--
``(A) the governmental entity under subsection (a)(5) is
the United States; or
``(B) the threat under subsection (a)(6) is directed at the
United States.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``with an isotopic
concentration not in excess of 80 percent plutonium 238'';
and
(ii) in subparagraph (C), by striking ``uranium'' and
inserting ``enriched uranium, defined as uranium'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through
an irradiation process in the operation of a nuclear reactor
or accelerator;'';
(D) in paragraph (4), as redesignated, by striking ``and''
at the end;
(E) in paragraph (5), as redesignated, by striking the
period at the end and inserting a semicolon; and
(F) by adding at the end the following new paragraphs:
``(6) the term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, Commonwealth,
territory, possession, or district of the United States.''.
SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS
FROM ARMORIES.
(a) Study.--The Attorney General and the Secretary of
Defense shall jointly conduct a study of the number and
extent of thefts from military arsenals (including National
Guard armories) of firearms, explosives, and other materials
that are potentially useful to terrorists.
(b) Report to the Congress.--Not later than 6 months after
the date of enactment of this Act, the Attorney General and
the Secretary of Defense shall jointly prepare and transmit
to the Congress a report on the findings of the study
conducted under subsection (a).
Subtitle B--Biological Weapons Restrictions
SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL
AGENTS.
(a) Findings.--The Congress finds that--
(1) certain biological agents have the potential to pose a
severe threat to public health and safety;
(2) such biological agents can be used as weapons by
individuals or organizations for the purpose of domestic or
international terrorism or for other criminal purposes;
(3) the transfer and possession of potentially hazardous
biological agents should be regulated to protect public
health and safety; and
(4) efforts to protect the public from exposure to such
agents should ensure that individuals and groups with
legitimate objectives continue to have access to such agents
for clinical and research purposes.
(b) Criminal Enforcement.--Chapter 10 of title 18, United
States Code, is amended--
(1) in section 175(a), by inserting ``or attempts,
threatens, or conspires to do the same,'' after ``to do
so,'';
(2) in section 177(a)(2), by inserting ``threat,'' after
``attempt,''; and
(3) in section 178--
(A) in paragraph (1), by striking ``or infectious
substance'' and inserting ``infectious substance, or
biological product that may be engineered as a result of
biotechnology, or any naturally occurring or bioengineered
component of any such microorganism, virus, infectious
substance, or biological product'';
(B) in paragraph (2)--
(i) by inserting ``the toxic material of plants, animals,
microorganisms, viruses, fungi, or infectious substances, or
a recombinant molecule'' after ``means'';
(ii) by striking ``production--'' and inserting
``production, including--'';
(iii) in subparagraph (A), by inserting ``or biological
product that may be engineered as a result of biotechnology''
after ``substance''; and
(v) in subparagraph (B), by inserting ``or biological
product'' after ``isomer''; and
(C) in paragraph (4), by inserting ``, or molecule,
including a recombinant molecule, or biological product that
may be engineered as a result of biotechnology,'' after
``organism''.
(c) Terrorism.--Section 2332a(a) of title 18, United States
Code, is amended--
(1) by inserting ``, threatens,'' after ``attempts''; and
(2) by inserting ``, including any biological agent, toxin,
or vector (as those terms are defined in section 178)'' after
``destruction''.
(d) Regulatory Control of Biological Agents.--
(1) List of biological agents.--
(A) In general.--The Secretary shall, through regulations
promulgated under subsection (f), establish and maintain a
list of each biological agent that has the potential to pose
a severe threat to public health and safety.
(B) Criteria.--In determining whether to include an agent
on the list under subparagraph (A), the Secretary shall--
(i) consider--
(I) the effect on human health of exposure to the agent;
(II) the degree of contagiousness of the agent and the
methods by which the agent is transferred to humans;
(III) the availability and effectiveness of immunizations
to prevent and treatments for any illness resulting from
infection by the agent; and
(IV) any other criteria that the Secretary considers
appropriate; and
(ii) consult with scientific experts representing
appropriate professional groups.
(e) Regulation of Transfers of Listed Biological Agents.--
The Secretary shall, through regulations promulgated under
subsection (f), provide for--
(1) the establishment and enforcement of safety procedures
for the transfer of biological agents listed pursuant
subsection (d)(1), including measures to ensure--
(A) proper training and appropriate skills to handle such
agents; and
(B) proper laboratory facilities to contain and dispose of
such agents;
(2) safeguards to prevent access to such agents for use in
domestic or international terrorism or for any other criminal
purpose;
(3) the establishment of procedures to protect the public
safety in the event of a transfer or potential transfer of a
biological agent in violation of the safety procedures
established under paragraph (1) or the safeguards established
under paragraph (2); and
(4) appropriate availability of biological agents for
research, education, and other legitimate purposes.
(f) Regulations.--The Secretary shall carry out this
section by issuing--
(1) proposed rules not later than 60 days after the date of
enactment of this Act; and
(2) final rules not later than 120 days after the date of
enactment of this Act.
(g) Definitions.--For purposes of this section--
(1) the term ``biological agent'' has the same meaning as
in section 178 of title 18, United States Code; and
(2) the term ``Secretary'' means the Secretary of Health
and Human Services.
Subtitle C--Chemical Weapons Restrictions
SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF
FACILITY FOR TRAINING AND EVALUATION OF
PERSONNEL WHO RESPOND TO USE OF CHEMICAL OR
BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN AREAS.
(a) Chemical Weapons of Mass Destruction.--Chapter 113B of
title 18, United States Code, relating to terrorism, is
amended by inserting after section 2332b as added by section
702 of this Act the following new section:
``Sec. 2332c. Use of chemical weapons
``(a) Prohibited Acts.--
``(1) Offense.--A person shall be punished under paragraph
(2) if that person, without lawful authority, uses, or
attempts or conspires to use, a chemical weapon against--
``(A) a national of the United States while such national
is outside of the United States;
``(B) any person within the United States; or
``(C) any property that is owned, leased, or used by the
United States or by any department or agency of the United
States, whether the property is within or outside of the
United States.
``(2) Penalties.--A person who violates paragraph (1)--
``(A) shall be imprisoned for any term of years or for
life; or
``(B) if death results from that violation, shall be
punished by death or imprisoned for any term of years or for
life.
``(b) Definitions.--As used in this section--
``(1) the term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term `chemical weapon' means any weapon that is
designed or intended to cause
[[Page 842]]
widespread death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals or precursors of toxic or poisonous chemicals.
(b) Study of Facility for Training and Evaluation of
Personnel Who Respond To Use of Chemical or Biological
Weapons in Urban and Suburban Areas.--
(1) Findings.--The Congress finds that--
(A) the threat of the use of chemical and biological
weapons by Third World countries and by terrorist
organizations has increased in recent years and is now a
problem of worldwide significance;
(B) the military and law enforcement agencies in the United
States that are responsible for responding to the use of such
weapons require additional testing, training, and evaluation
facilities to ensure that the personnel of such agencies
discharge their responsibilities effectively; and
(C) a facility that recreates urban and suburban locations
would provide an especially effective environment in which to
test, train, and evaluate such personnel for that purpose.
(2) Study of facility.--
(A) In general.--The President shall establish an
interagency task force to determine the feasibility and
advisability of establishing a facility that recreates both
an urban environment and a suburban environment in such a way
as to permit the effective testing, training, and evaluation
in such environments of government personnel who are
responsible for responding to the use of chemical and
biological weapons in the United States.
(B) Description of facility.--The facility considered under
subparagraph (A) shall include--
(i) facilities common to urban environments (including a
multistory building and an underground rail transit system)
and to suburban environments;
(ii) the capacity to produce controllable releases of
chemical and biological agents from a variety of urban and
suburban structures, including laboratories, small buildings,
and dwellings;
(iii) the capacity to produce controllable releases of
chemical and biological agents into sewage, water, and air
management systems common to urban areas and suburban areas;
(iv) chemical and biocontaminant facilities at the P3 and
P4 levels;
(v) the capacity to test and evaluate the effectiveness of
a variety of protective clothing and facilities and survival
techniques in urban areas and suburban areas; and
(vi) the capacity to test and evaluate the effectiveness of
variable sensor arrays (including video, audio,
meteorological, chemical, and biosensor arrays) in urban
areas and suburban areas.
(C) Sense of congress.--It is the sense of Congress that
the facility considered under subparagraph (A) shall, if
established--
(i) be under the jurisdiction of the Secretary of Defense;
and
(ii) be located at a principal facility of the Department
of Defense for the testing and evaluation of the use of
chemical and biological weapons during any period of armed
conflict.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the item
added by section 702 of this Act that relates to section
2332b the following new item:
``2332c. Use of chemical weapons.''.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
SEC. 601. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) plastic explosives were used by terrorists in the
bombings of Pan American Airlines flight number 103 in
December 1988 and UTA flight number 722 in September 1989;
(2) plastic explosives can be used with little likelihood
of detection for acts of unlawful interference with civil
aviation, maritime navigation, and other modes of
transportation;
(3) the criminal use of plastic explosives places innocent
lives in jeopardy, endangers national security, affects
domestic tranquility, and gravely affects interstate and
foreign commerce;
(4) the marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention
and punishment of such unlawful acts; and
(5) for the purpose of deterring and detecting such
unlawful acts, the Convention on the Marking of Plastic
Explosives for the Purpose of Detection, Done at Montreal on
1 March 1991, requires each contracting State to adopt
appropriate measures to ensure that plastic explosives are
duly marked and controlled.
(b) Purpose.--The purpose of this title is to fully
implement the Convention on the Marking of Plastic Explosives
for the Purpose of Detection, Done at Montreal on 1 March
1991.
SEC. 602. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by
adding at the end the following new subsections:
``(o) `Convention on the Marking of Plastic Explosives'
means the Convention on the Marking of Plastic Explosives for
the Purpose of Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve
homogeneous distribution in the finished explosive,
including--
``(1) Ethylene glycol dinitrate (EGDN),
C2H4(NO3)2,
molecular weight 152, when the minimum concentration in the
finished explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C6H12(NO2)2,
molecular weight 176, when the minimum concentration in the
finished explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C7H7NO2, molecular weight
137, when the minimum concentration in the finished explosive
is 0.5 percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C7H7NO2, molecular weight
137, when the minimum concentration in the finished explosive
is 0.5 percent by mass; and
``(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, that has been added to the
table in part 2 of the Technical Annex to the Convention on
the Marking of Plastic Explosives.
``(q) `Plastic explosive' means an explosive material in
flexible or elastic sheet form formulated with one or more
high explosives which in their pure form has a vapor pressure
less than 10-4 Pa at a temperature of 25 deg.C.,
is formulated with a binder material, and is as a mixture
malleable or flexible at normal room temperature.''.
SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC
EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by
adding at the end the following new subsections:
``(l) It shall be unlawful for any person to manufacture
any plastic explosive that does not contain a detection
agent.
``(m)(1) It shall be unlawful for any person to import or
bring into the United States, or export from the United
States, any plastic explosive that does not contain a
detection agent.
``(2) This subsection does not apply to the importation or
bringing into the United States, or the exportation from the
United States, of any plastic explosive that was imported or
brought into, or manufactured in the United States prior to
the date of enactment of this subsection by or on behalf of
any agency of the United States performing military or police
functions (including any military reserve component) or by or
on behalf of the National Guard of any State, not later than
15 years after the date of entry into force of the Convention
on the Marking of Plastic Explosives, with respect to the
United States.
``(n)(1) It shall be unlawful for any person to ship,
transport, transfer, receive, or possess any plastic
explosive that does not contain a detection agent.
``(2) This subsection does not apply to--
``(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or
brought into, or manufactured in the United States prior to
the date of enactment of this subsection by any person during
the period beginning on that date and ending 3 years after
that date of enactment; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or
brought into, or manufactured in the United States prior to
the date of enactment of this subsection by or on behalf of
any agency of the United States performing a military or
police function (including any military reserve component) or
by or on behalf of the National Guard of any State, not later
than 15 years after the date of entry into force of the
Convention on the Marking of Plastic Explosives, with respect
to the United States.
``(o) It shall be unlawful for any person, other than an
agency of the United States (including any military reserve
component) or the National Guard of any State, possessing any
plastic explosive on the date of enactment of this
subsection, to fail to report to the Secretary within 120
days after such date of enactment the quantity of such
explosives possessed, the manufacturer or importer, any marks
of identification on such explosives, and such other
information as the Secretary may prescribe by regulation.''.
SEC. 604. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended
to read as follows:
``(a) Any person who violates any of subsections (a)
through (i) or (l) through (o) of section 842 shall be fined
under this title, imprisoned for not more than 10 years, or
both.''.
SEC. 605. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(l), (m), (n), or (o) of section 842 and
subsections'' after ``subsections''; and
(B) in paragraph (1), by inserting before the semicolon ``,
and which pertain to safety''; and
(2) by adding at the end the following new subsection:
``(c) It is an affirmative defense against any proceeding
involving subsections (l) through (o) of section 842 if the
proponent proves by a preponderance of the evidence that the
plastic explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or modified
explosive materials;
[[Page 843]]
``(B) training in explosives detection or development or
testing of explosives detection equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive that, within 3 years after the
date of enactment of the Antiterrorism and Effective Death
Penalty Act of 1996, will be or is incorporated in a military
device within the territory of the United States and remains
an integral part of such military device, or is intended to
be, or is incorporated in, and remains an integral part of a
military device that is intended to become, or has become,
the property of any agency of the United States performing
military or police functions (including any military reserve
component) or the National Guard of any State, wherever such
device is located.
``(3) For purposes of this subsection, the term `military
device' includes, but is not restricted to, shells, bombs,
projectiles, mines, missiles, rockets, shaped charges,
grenades, perforators, and similar devices lawfully
manufactured exclusively for military or police purposes.''.
SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.
Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C.
1595a(c)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) is a plastic explosive, as defined in section 841(q)
of title 18, United States Code, which does not contain a
detection agent, as defined in section 841(p) of such
title.''.
SEC. 607. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and
the amendments made by this title shall take effect 1 year
after the date of enactment of this Act.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING
EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(n) Except as otherwise provided in this section, a
person who conspires to commit any offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as the penalties prescribed for the
offense the commission of which was the object of the
conspiracy.''.
SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense.--Chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after section
2332a the following new section:
``Sec. 2332b. Acts of terrorism transcending national
boundaries
``(a) Prohibited Acts.--
``(1) Offenses.--Whoever, involving conduct transcending
national boundaries and in a circumstance described in
subsection (b)--
``(A) kills, kidnaps, maims, commits an assault resulting
in serious bodily injury, or assaults with a dangerous weapon
any person within the United States; or
``(B) creates a substantial risk of serious bodily injury
to any other person by destroying or damaging any structure,
conveyance, or other real or personal property within the
United States or by attempting or conspiring to destroy or
damage any structure, conveyance, or other real or personal
property within the United States, in violation of the laws
of any State, or the United States, shall be punished as
prescribed in subsection (c).
``(2) Treatment of threats, attempts and conspiracies.--
Whoever threatens to commit an offense under paragraph (1),
or attempts or conspires to do so, shall be punished under
subsection (c).
``(b) Jurisdictional Bases.--
``(1) Circumstances.--The circumstances referred to in
subsection (a) are--
``(A) any of the offenders uses the mail or any facility of
interstate or foreign commerce in furtherance of the offense;
``(B) the offense obstructs, delays, or affects interstate
or foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had
been consummated;
``(C) the victim, or intended victim, is the United States
Government, a member of the uniformed services, or any
official, officer, employee, or agent of the legislative,
executive, or judicial branches, or of any department or
agency, of the United States;
``(D) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, or leased
to the United States, or any department or agency of the
United States;
``(E) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil
below, and artificial islands and fixed structures erected
thereon) of the United States; or
``(F) the offense is committed within the special maritime
and territorial jurisdiction of the United States.
``(2) Co-conspirators and accessories after the fact.--
Jurisdiction shall exist over all principals and co-
conspirators of an offense under this section, and
accessories after the fact to any offense under this section,
if at least one of the circumstances described in
subparagraphs (A) through (F) of paragraph (1) is applicable
to at least one offender.
``(c) Penalties.--
``(1) Penalties.--Whoever violates this section shall be
punished--
``(A) for a killing, or if death results to any person from
any other conduct prohibited by this section, by death, or by
imprisonment for any term of years or for life;
``(B) for kidnapping, by imprisonment for any term of years
or for life;
``(C) for maiming, by imprisonment for not more than 35
years;
``(D) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 30 years;
``(E) for destroying or damaging any structure, conveyance,
or other real or personal property, by imprisonment for not
more than 25 years;
``(F) for attempting or conspiring to commit an offense,
for any term of years up to the maximum punishment that would
have applied had the offense been completed; and
``(G) for threatening to commit an offense under this
section, by imprisonment for not more than 10 years.
``(2) Consecutive sentence.--Notwithstanding any other
provision of law, the court shall not place on probation any
person convicted of a violation of this section; nor shall
the term of imprisonment imposed under this section run
concurrently with any other term of imprisonment.
``(d) Proof Requirements.--The following shall apply to
prosecutions under this section:
``(1) Knowledge.--The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base alleged
in the indictment.
``(2) State law.--In a prosecution under this section that
is based upon the adoption of State law, only the elements of
the offense under State law, and not any provisions
pertaining to criminal procedure or evidence, are adopted.
``(e) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction--
``(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
``(2) over conduct which, under section 3, renders any
person an accessory after the fact to an offense under
subsection (a).
``(f) Investigative Authority.--In addition to any other
investigative authority with respect to violations of this
title, the Attorney General shall have primary investigative
responsibility for all Federal crimes of terrorism, and the
Secretary of the Treasury shall assist the Attorney General
at the request of the Attorney General. Nothing in this
section shall be construed to interfere with the authority of
the United States Secret Service under section 3056.
``(g) Definitions.--As used in this section--
``(1) the term `conduct transcending national boundaries'
means conduct occurring outside of the United States in
addition to the conduct occurring in the United States;
``(2) the term `facility of interstate or foreign commerce'
has the meaning given that term in section 1958(b)(2);
``(3) the term `serious bodily injury' has the meaning
given that term in section 1365(g)(3);
``(4) the term `territorial sea of the United States' means
all waters extending seaward to 12 nautical miles from the
baselines of the United States, determined in accordance with
international law; and
``(5) the term `Federal crime of terrorism' means an
offense that--
``(A) is calculated to influence or affect the conduct of
government by intimidation or coercion, or to retaliate
against government conduct; and
``(B) is a violation of--
``(i) section 32 (relating to destruction of aircraft or
aircraft facilities), 37 (relating to violence at
international airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175 (relating to
biological weapons), 351 (relating to congressional, cabinet,
and Supreme Court assassination, kidnapping, and assault),
831 (relating to nuclear materials), 842 (m) or (n) (relating
to plastic explosives), 844(e) (relating to certain
bombings), 844 (f) or (i) (relating to arson and bombing of
certain property), 956 (relating to conspiracy to injure
property of a foreign government), 1114 (relating to
protection of officers and employees of the United States),
1116 (relating to murder or manslaughter of foreign
officials, official guests, or internationally protected
persons), 1203 (relating to hostage taking), 1361 (relating
to injury of Government property or contracts), 1362
(relating to destruction of communication lines, stations, or
systems), 1363 (relating to injury to buildings or property
within special maritime and territorial jurisdiction of the
United States), 1366 (relating to destruction of an energy
facility), 1751 (relating to Presidential and Presidential
staff assassination, kidnapping, and assault), 2152 (relating
to injury of fortifications, harbor defenses, or defensive
sea areas), 2155 (relating to destruction of national defense
materials, premises, or utilities), 2156 (relating to
production of defective national defense materials, premises,
or utilities), 2280 (relating to violence against maritime
navigation), 2281 (relating to violence against maritime
fixed platforms), 2332 (relating to certain homicides and
other violence against United States nationals occurring
outside of the United States), 2332a (relating to use of
weapons of mass destruction), 2332b (relating to acts of
terrorism transcending national boundaries), 2339A (relating
to providing material support to terrorists), 2339B (relating
to providing material support to terrorist organizations), or
2340A (relating to torture);
[[Page 844]]
``(ii) section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
``(iii) section 46502 (relating to aircraft piracy) or
section 60123(b) (relating to destruction of interstate gas
or hazardous liquid pipeline facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the item
relating to section 2332a the following new item:
``2332b. Acts of terrorism transcending national boundaries.''.
(c) Statute of Limitations Amendment.--Section 3286 of
title 18, United States Code, is amended--
(1) by striking ``any offense'' and inserting ``any non-
capital offense'';
(2) by striking ``36'' and inserting ``37'';
(3) by striking ``2331'' and inserting ``2332'';
(4) by striking ``2339'' and inserting ``2332a''; and
(5) by inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18,
United States Code, is amended by inserting ``, 956(a), or
2332b'' after ``section 924(c)''.
SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR
INJURY OF PROPERTY WITHIN SPECIAL MARITIME AND
TERRITORIAL JURISDICTION.
Section 1363 of title 18, United States Code, is amended by
striking ``any building,'' and all that follows through
``shipping'' and inserting ``any structure, conveyance, or
other real or personal property''.
SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18,
United States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure
persons or damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United
States, conspires with one or more other persons, regardless
of where such other person or persons are located, to commit
at any place outside the United States an act that would
constitute the offense of murder, kidnapping, or maiming if
committed in the special maritime and territorial
jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be
punished as provided in subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1)
of this section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the
offense is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United
States, conspires with one or more persons, regardless of
where such other person or persons are located, to damage or
destroy specific property situated within a foreign country
and belonging to a foreign government or to any political
subdivision thereof with which the United States is at peace,
or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or
any religious, educational, or cultural property so situated,
shall, if any of the conspirators commits an act within the
jurisdiction of the United States to effect any object of the
conspiracy, be imprisoned not more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956
in the table of sections at the beginning of chapter 45 of
title 18, United States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 114, by striking ``maim or disfigure'' and
inserting ``torture (as defined in section 2340), maim, or
disfigure'';
(2) in section 755, by striking ``two years'' and inserting
``5 years'';
(3) in section 756, by striking ``one year'' and inserting
``five years'';
(4) in section 878(a), by striking ``by killing,
kidnapping, or assaulting a foreign official, official guest,
or internationally protected person'';
(5) in section 1113, by striking ``three years'' and
inserting ``seven years''; and
(6) in section 2332(c), by striking ``five'' and inserting
``ten''.
(b) Penalty for Carrying Weapons or Explosives on an
Aircraft.--Section 46505 of title 49, United States Code, is
amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``10 years''; and
(2) in subsection (c), by striking ``5'' and inserting
``15''.
SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE
MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT
A CRIME OF VIOLENCE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(o) Whoever knowingly transfers any explosive materials,
knowing or having reasonable cause to believe that such
explosive materials will be used to commit a crime of
violence (as defined in section 924(c)(3)) or drug
trafficking crime (as defined in section 924(c)(2)) shall be
subject to the same penalties as may be imposed under
subsection (h) for a first conviction for the use or carrying
of an explosive material.''.
SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended
to read as follows:
``(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store, barter, sell,
dispose of, or pledge or accept as security for a loan, any
stolen explosive materials which are moving as, which are
part of, which constitute, or which have been shipped or
transported in, interstate or foreign commerce, either before
or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were
stolen.''.
SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON
CRIMES.
(a) In General.--Section 844 of title 18, United States
Code, is amended--
(1) in subsection (e), by striking ``five'' and inserting
``10'';
(2) by amending subsection (f) to read as follows:
``(f)(1) Whoever maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other personal or real
property in whole or in part owned or possessed by, or leased
to, the United States, or any department or agency thereof,
shall be imprisoned for not less than 5 years and not more
than 20 years, fined under this title, or both.
``(2) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct, directly or
proximately causes personal injury or creates a substantial
risk of injury to any person, including any public safety
officer performing duties, shall be imprisoned for not less
than 7 years and not more than 40 years, fined under this
title, or both.
``(3) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes the death of any person, including any
public safety officer performing duties, shall be subject to
the death penalty, or imprisoned for not less than 20 years
or for life, fined under this title, or both.'';
(3) in subsection (h)--
(A) in the first sentence, by striking ``5 years but not
more than 15 years'' and inserting ``10 years''; and
(B) in the second sentence, by striking ``10 years but not
more than 25 years'' and inserting ``20 years''; and
(4) in subsection (i)--
(A) by striking ``not more than 20 years, fined the greater
of the fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'' and
inserting ``not less than 5 years and not more than 20 years,
fined under this title''; and
(B) by striking ``not more than 40 years, fined the greater
of a fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'' and
inserting ``not less than 7 years and not more than 40 years,
fined under this title''.
(b) Conforming Amendment.--Section 81 of title 18, United
States Code, is amended by striking ``fined under this title
or imprisoned not more than five years, or both'' and
inserting ``imprisoned for not more than 25 years, fined the
greater of the fine under this title or the cost of repairing
or replacing any property that is damaged or destroyed, or
both''.
(c) Statute of Limitation for Arson Offenses.--
(1) In general.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any
non-capital offense under section 81 or subsection (f), (h),
or (i) of section 844 unless the indictment is found or the
information is instituted not later than 10 years after the
date on which the offense was committed.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 213 of title 18, United States Code, is
amended by adding at the end the following new item:
``3295. Arson offenses.''.
(3) Conforming amendment.--Section 844(i) of title 18,
United States Code, is amended by striking the last sentence.
SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING
THE DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL
MATERIALS.
(a) Study.--The Attorney General, in consultation with such
other officials and individuals as the Attorney General
considers appropriate, shall conduct a study concerning--
(1) the extent to which there is available to the public
material in any medium (including print, electronic, or film)
that provides instruction on how to make bombs, destructive
devices, or weapons of mass destruction;
(2) the extent to which information gained from such
material has been used in incidents of domestic or
international terrorism;
(3) the likelihood that such information may be used in
future incidents of terrorism;
(4) the application of Federal laws in effect on the date
of enactment of this Act to such material;
(5) the need and utility, if any, for additional laws
relating to such material; and
(6) an assessment of the extent to which the first
amendment protects such material and its private and
commercial distribution.
(b) Report.--
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the
[[Page 845]]
Attorney General shall submit to the Congress a report that
contains the results of the study required by this section.
(2) Availability.--The Attorney General shall make the
report submitted under this subsection available to the
public.
Subtitle B--Criminal Procedures
SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL
JURISDICTION OVER CERTAIN TERRORISM OFFENSES
OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``and later found in the
United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph
(1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national
of the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--
Section 32(b) of title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by inserting at the end the following: ``There is
jurisdiction over an offense under this subsection if a
national of the United States was on board, or would have
been on board, the aircraft; an offender is a national of the
United States; or an offender is afterwards found in the
United States. For purposes of this subsection, the term
`national of the United States' has the meaning prescribed in
section 101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other
Persons.--Section 1116 of title 18, United States Code, is
amended--
(1) in subsection (b), by adding at the end the following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United
States.''.
(d) Protection of Foreign Officials and Certain Other
Persons.--Section 112 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting `` `national of the
United States','' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United
States.''.
(e) Threats and Extortion Against Foreign Officials and
Certain Other Persons.--Section 878 of title 18, United
States Code, is amended--
(1) in subsection (c), by inserting `` `national of the
United States','' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United
States.''.
(f) Kidnapping of Internationally Protected Persons.--
Section 1201(e) of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under subsection (a)
is an internationally protected person outside the United
States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is
afterwards found in the United States.''; and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2)
of title 18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later
found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' after ``the offender is later found in the
United States''.
(h) Biological Weapons.--Section 178 of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is
amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity
takes place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.
SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR
TERRORISM OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
18, United States Code, are each amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking ``or attempted kidnapping'' both places
it appears and inserting ``, attempted kidnapping, or
conspiracy to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States Code,
is amended by striking ``or attempted murder'' and inserting
``, attempted murder, or conspiracy to murder''.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``and 1113'' and inserting ``, 1113, and
1117''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is
amended by inserting ``or conspiring to commit'' after
``committing''.
SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB
THREATS.
Section 844(e) of title 18, United States Code, is amended
by striking ``commerce,'' and inserting ``interstate or
foreign commerce, or in or affecting interstate or foreign
commerce,''.
SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS
DESTRUCTION STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``Against a
National of the United States or Within the United States''
after ``Offense'';
(B) by striking ``uses, or attempts'' and inserting ``,
without lawful authority, uses, threatens, or attempts''; and
(C) in paragraph (2), by inserting ``, and the results of
such use affect interstate or foreign commerce or, in the
case of a threat, attempt, or conspiracy, would have affected
interstate or foreign commerce'' before the semicolon at the
end;
(2) in subsection (b), by striking subparagraph (B) and
inserting the following:
``(B) any weapon that is designed or intended to cause
death or serious bodily injury through the release,
dissemination, or impact of toxic or poisonous chemicals, or
their precursors;'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Offense by National of the United States Outside of
the United States.--Any national of the United States who,
without lawful authority, uses, or threatens, attempts, or
conspires to use, a weapon of mass destruction outside of the
United States shall be imprisoned for any term of years or
for life, and if death results, shall be punished by death,
or by imprisonment for any term of years or for life.''.
SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY
LAUNDERING STATUTE.
Section 1956(c)(7) of title 18, United States Code, is
amended--
(1) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) murder, kidnapping, robbery, extortion, or
destruction of property by means of explosive or fire;''; and
(2) in subparagraph (D)--
(A) by inserting after ``an offense under'' the following:
``section 32 (relating to the destruction of aircraft),
section 37 (relating to violence at international airports),
section 115 (relating to influencing, impeding, or
retaliating against a Federal official by threatening or
injuring a family member),'';
(B) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the following:
``section 351 (relating to congressional or Cabinet officer
assassination),'';
(C) by inserting after ``section 798 (relating to
espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials), section
844 (f) or (i) (relating to destruction by explosives or fire
of Government property or property affecting interstate or
foreign commerce),'';
(D) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section 956
(relating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),'';
[[Page 846]]
(E) by inserting after ``section 1032 (relating to
concealment of assets from conservator, receiver, or
liquidating agent of financial institution),'' the following:
``section 1111 (relating to murder), section 1114 (relating
to murder of United States law enforcement officials),
section 1116 (relating to murder of foreign officials,
official guests, or internationally protected persons),'';
(F) by inserting after ``section 1203 (relating to hostage
taking),'' the following: ``section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),'';
(G) by inserting after ``section 1708 (relating to theft
from the mail),'' the following: ``section 1751 (relating to
Presidential assassination),'';
(H) by inserting after ``2114 (relating to bank and postal
robbery and theft),'' the following: ``section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),'';
(I) by striking ``or section 2320'' and inserting ``section
2320''; and
(J) by striking ``of this title'' and inserting the
following: ``, section 2332 (relating to terrorist acts
abroad against United States nationals), section 2332a
(relating to use of weapons of mass destruction), section
2332b (relating to international terrorist acts transcending
national boundaries), or section 2339A (relating to providing
material support to terrorists) of this title, section 46502
of title 49, United States Code,''.
SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF
CURRENT OR FORMER OFFICIALS, OFFICERS, OR
EMPLOYEES OF THE UNITED STATES.
(a) Homicide.--Section 1114 of title 18, United States
Code, is amended to read as follows:
``Sec. 1114. Protection of officers and employees of the
United States
``Whoever kills or attempts to kill any officer or employee
of the United States or of any agency in any branch of the
United States Government (including any member of the
uniformed services) while such officer or employee is engaged
in or on account of the performance of official duties, or
any person assisting such an officer or employee in the
performance of such duties or on account of that assistance,
shall be punished--
``(1) in the case of murder, as provided under section
1111;
``(2) in the case of manslaughter, as provided under
section 1112; or
``(3) in the case of attempted murder or manslaughter, as
provided in section 1113.''.
(b) Threats Against Former Officers and Employees.--
(1) In General.--Section 115(a)(2) of title 18, United
States Code, is amended by inserting ``, or threatens to
assault, kidnap, or murder, any person who formerly served as
a person designated in paragraph (1), or'' after ``assaults,
kidnaps, or murders, or attempts to kidnap or murder''.
(2) Limitation.--Section 115 of title 18, United States
Code, is amended by adding at the end the following:
``(d) This section shall not interfere with the
investigative authority of the United States Secret Service,
as provided under section 3056, 871, and 879 of this
title.''.
(c) Amendment To Clarify the Meaning of the Term Deadly or
Dangerous Weapon in the Prohibition on Assault on Federal
Officers or Employees.--Section 111(b) of title 18, United
States Code, is amended by inserting ``(including a weapon
intended to cause death or danger but that fails to do so by
reason of a defective component)'' after ``deadly or
dangerous weapon''.
SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.
Section 3592(c) of title 18, United States Code, is amended
by inserting after paragraph (15) the following new
paragraph:
``(16) Multiple killings or attempted killings.--The
defendant intentionally killed or attempted to kill more than
one person in a single criminal episode.''.
SEC. 729. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended
by inserting ``(not including any intermediate Saturday,
Sunday, or legal holiday)'' after ``five days'' and after
``three days''.
SEC. 730. DIRECTIONS TO SENTENCING COMMISSION.
The United States Sentencing Commission shall forthwith, in
accordance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that section had not expired, amend the sentencing guidelines
so that the chapter 3 adjustment relating to international
terrorism only applies to Federal crimes of terrorism, as
defined in section 2332b(g) of title 18, United States Code.
SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM
DEFINITIONS.
Section 2510 of title 18, United States Code, is amended--
(1) in paragraph (12)--
(A) by striking ``or'' at the end of subparagraph (B);
(B) by adding ``or'' at the end of subparagraph (C); and
(C) by adding at the end the following new subparagraph:
``(D) electronic funds transfer information stored by a
financial institution in a communications system used for the
electronic storage and transfer of funds;''; and
(2) in paragraph (16)--
(A) by adding ``or'' at the end of subparagraph (D);
(B) by striking ``or'' at the end of subparagraph (E); and
(C) by striking subparagraph (F).
SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF
EXPLOSIVE MATERIALS.
(a) Study.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of the Treasury
(referred to in this section as the ``Secretary'') shall
conduct a study of--
(A) the tagging of explosive materials for purposes of
detection and identification;
(B) the feasibility and practicability of rendering common
chemicals used to manufacture explosive materials inert;
(C) the feasibility and practicability of imposing controls
on certain precursor chemicals used to manufacture explosive
materials; and
(D) State licensing requirements for the purchase and use
of commercial high explosives, including--
(i) detonators;
(ii) detonating cords;
(iii) dynamite;
(iv) water gel;
(v) emulsion;
(vi) blasting agents; and
(vii) boosters.
(2) Exclusion.--No study conducted under this subsection or
regulation proposed under subsection (a) shall include black
or smokeless powder among the explosive materials considered.
(b) Consultation.--
(1) In general.--In conducting the study under subsection
(a), the Secretary shall consult with--
(A) Federal, State, and local officials with expertise in
the area of chemicals used to manufacture explosive
materials; and
(B) such other individuals as the Secretary determines are
necessary.
(2) Fertilizer research centers.--In conducting any portion
of the study under subsection (a) relating to the regulation
and use of fertilizer as a pre-explosive material, the
Secretary of the Treasury shall consult with and receive
input from non-profit fertilizer research centers.
(c) Report.--Not later than 30 days after the completion of
the study conducted under subsection (a), the Secretary shall
submit a report to the Congress, which shall be made public,
that contains--
(1) the results of the study;
(2) any recommendations for legislation; and
(3) any opinions and findings of the fertilizer research
centers.
(d) Hearings.--Congress shall have not less than 90 days
after the submission of the report under subsection (c) to--
(1) review the results of the study; and
(2) hold hearings and receive testimony regarding the
recommendations of the Secretary.
(e) Regulations.--
(1) In general.--Not later than 6 months after the
submission of the report required by subsection (c), the
Secretary may submit to Congress and publish in the Federal
Register draft regulations for the addition of tracer
elements to explosive materials manufactured in or imported
into the United States, of such character and in such
quantity as the Secretary may authorize or require, if the
results of the study conducted under subsection (a) indicate
that the tracer elements--
(A) will not pose a risk to human life or safety;
(B) will substantially assist law enforcement officers in
their investigative efforts;
(C) will not substantially impair the quality of the
explosive materials for their intended lawful use;
(D) will not have a substantially adverse effect on the
environment; and
(E) the costs associated with the addition of the tracers
will not outweigh benefits of their inclusion.
(2) Effective date.--The regulations under paragraph (1)
shall take effect 270 days after the Secretary submits
proposed regulations to Congress pursuant to paragraph (1),
except to the extent that the effective date is revised or
the regulation is otherwise modified or disapproved by an Act
of Congress.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.
The Attorney General and the Secretary of the Treasury are
authorized to support law enforcement training activities in
foreign countries, subject to the concurrence of the
Secretary of State, for the purpose of improving the
effectiveness of the United States in investigating and
prosecuting transnational offenses.
SEC. 802. SENSE OF CONGRESS.
It is the sense of the Congress that, whenever practicable,
each recipient of any sum authorized to be appropriated by
this Act, should use the money to purchase American-made
products.
SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE
DISTRICT OF COLUMBIA.
The Attorney General and the Secretary of the Treasury may
prohibit--
(1) any vehicles from parking or standing on any street or
roadway adjacent to any building in the District of Columbia
used by law enforcement authorities subject to their
jurisdiction, that is in whole or in part
[[Page 847]]
owned, possessed, or leased to the Federal Government; and
(2) any person or entity from conducting business on any
property immediately adjacent to any building described in
paragraph (1).
SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(f) Requirement To Preserve Evidence.--
``(1) In general.--A provider of wire or electronic
communication services or a remote computing service, upon
the request of a governmental entity, shall take all
necessary steps to preserve records, and other evidence in
its possession pending the issuance of a court order or other
process.
``(2) Period of retention.--Records referred to in
paragraph (1) shall be retained for a period of 90 days,
which shall be extended for an additional 90-day period upon
a renewed request by the governmental entity.''.
SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A
FEDERAL INTEREST COMPUTER.
(a) Review.--Not later than 60 calendar days after the date
of enactment of this Act, the United States Sentencing
Commission shall review the deterrent effect of existing
guideline levels as they apply to paragraphs (4) and (5) of
section 1030(a) of title 18, United States Code.
(b) Report.--The United States Sentencing Commission shall
prepare and transmit a report to the Congress on the findings
under the study conducted under subsection (a).
(c) Amendment of Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the
sentencing guidelines to ensure any individual convicted of a
violation of paragraph (4) or (5) of section 1030(a) of title
18, United States Code, is imprisoned for not less than 6
months.
SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW
ENFORCEMENT.
(a) Establishment.--There is established a commission to be
known as the ``Commission on the Advancement of Federal Law
Enforcement'' (hereinafter in this section referred to as the
``Commission'').
(b) Duties.--The Commission shall review, ascertain,
evaluate, report, and recommend action to the Congress on the
following matters:
(1) The Federal law enforcement priorities for the 21st
century, including Federal law enforcement capability to
investigate and deter adequately the threat of terrorism
facing the United States.
(2) In general, the manner in which significant Federal
criminal law enforcement operations are conceived, planned,
coordinated, and executed.
(3) The standards and procedures used by Federal law
enforcement to carry out significant Federal criminal law
enforcement operations, and their uniformity and
compatibility on an interagency basis, including standards
related to the use of deadly force.
(4) The investigation and handling of specific Federal
criminal law enforcement cases by the United States
Government and the Federal law enforcement agencies
therewith, selected at the Commission's discretion.
(5) The necessity for the present number of Federal law
enforcement agencies and units.
(6) The location and efficacy of the office or entity
directly responsible, aside from the President of the United
States, for the coordination on an interagency basis of the
operations, programs, and activities of all of the Federal
law enforcement agencies.
(7) The degree of assistance, training, education, and
other human resource management assets devoted to increasing
professionalism for Federal law enforcement officers.
(8) The independent accountability mechanisms that exist,
if any, and their efficacy to investigate, address, and to
correct Federal law enforcement abuses.
(9) The degree of coordination among law enforcement
agencies in the area of international crime and the extent to
which deployment of resources overseas diminishes domestic
law enforcement.
(10) The extent to which Federal law enforcement agencies
coordinate with State and local law enforcement agencies on
Federal criminal enforcement operations and programs that
directly affect a State or local law enforcement agency's
geographical jurisdiction.
(11) Such other related matters as the Commission deems
appropriate.
(c) Membership and Administrative Provisions.--
(1) Number and appointment.--The Commission shall be
composed of 5 members appointed as follows:
(A) 1 member appointed by the President pro tempore of the
Senate.
(B) 1 member appointed by the minority leader of the
Senate.
(C) 1 member appointed by the Speaker of the House of
Representatives.
(D) 1 member appointed by the minority leader of the House
of Representatives.
(E) 1 member (who shall chair the Commission) appointed by
the Chief Justice of the Supreme Court.
(2) Disqualification.--A person who is an officer or
employee of the United States shall not be appointed a member
of the Commission.
(3) Terms.--Each member shall be appointed for the life of
the Commission.
(4) Quorum.--3 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(5) Meetings.--The Commission shall meet at the call of the
Chair of the Commission.
(6) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day, including travel time, during
which the member is engaged in the performance of the duties
of the Commission.
(d) Staffing and Support Functions.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chair of the Commission.
(2) Staff.--Subject to rules prescribed by the Commission,
the Director may appoint additional personnel as the
Commission considers appropriate.
(3) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall
be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purposes of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing
before it. The Commission may establish rules for its
proceedings.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission, unless doing so would threaten the national
security, the health or safety of any individual, or the
integrity of an ongoing investigation.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this title.
(f) Report.--The Commission shall transmit a report to the
Congress and the public not later than 2 years after a quorum
of the Commission has been appointed. The report shall
contain a detailed statement of the findings and conclusions
of the Commission, together with the Commission's
recommendations for such actions as the Commission considers
appropriate.
(g) Termination.--The Commission shall terminate 30 days
after submitting the report required by this section.
SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED
STATES CURRENCY.
(a) In General.--The Secretary of the Treasury (hereafter
in this section referred to as the ``Secretary''), in
consultation with the advanced counterfeit deterrence
steering committee, shall--
(1) study the use and holding of United States currency in
foreign countries; and
(2) develop useful estimates of the amount of counterfeit
United States currency that circulates outside the United
States each year.
(b) Evaluation Audit Plan.--
(1) In general.--The Secretary shall develop an effective
international evaluation audit plan that is designed to
enable the Secretary to carry out the duties described in
subsection (a) on a regular and thorough basis.
(2) Submission of detailed written summary.--The Secretary
shall submit a detailed written summary of the evaluation
audit plan developed pursuant to paragraph (1) to the
Congress before the end of the 6-month period beginning on
the date of the enactment of this Act.
(3) 1st evaluation audit under plan.--The Secretary shall
begin the first evaluation audit pursuant to the evaluation
audit plan no later than the end of the 1-year period
beginning on the date of the enactment of this Act.
(4) Subsequent evaluation audits.--At least 1 evaluation
audit shall be performed pursuant to the evaluation audit
plan during each 3-year period beginning after the date of
the commencement of the evaluation audit referred to in
paragraph (3).
(c) Reports.--
(1) In general.--The Secretary shall submit a written
report to the Committee on Banking and Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the results of
each evaluation audit conducted pursuant to subsection (b)
within 90 days after the completion of the evaluation audit.
(2) Contents.--In addition to such other information as the
Secretary may determine to be appropriate, each report
submitted to
[[Page 848]]
the Congress pursuant to paragraph (1) shall include the
following information:
(A) A detailed description of the evaluation audit process
and the methods used to develop estimates of the amount of
counterfeit United States currency in circulation outside the
United States.
(B) The method used to determine the currency sample
examined in connection with the evaluation audit and a
statistical analysis of the sample examined.
(C) A list of the regions of the world, types of financial
institutions, and other entities included.
(D) An estimate of the total amount of United States
currency found in each region of the world.
(E) The total amount of counterfeit United States currency
and the total quantity of each counterfeit denomination found
in each region of the world.
(3) Classification of information.--
(A) In general.--To the greatest extent possible, each
report submitted to the Congress under this subsection shall
be submitted in an unclassified form.
(B) Classified and unclassified forms.--If, in the interest
of submitting a complete report under this subsection, the
Secretary determines that it is necessary to include
classified information in the report, the report shall be
submitted in a classified and an unclassified form.
(d) Sunset Provision.--This section shall cease to be
effective as of the end of the 10-year period beginning on
the date of the enactment of this Act.
(e) Rule of Construction.--No provision of this section
shall be construed as authorizing any entity to conduct
investigations of counterfeit United States currency.
(f) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited outside
the United States.
(2) The 103d Congress enacted, with the approval of the
President on September 13, 1994, section 470 of title 18,
United States Code, making such activity a crime under the
laws of the United States.
(3) The expeditious posting of agents of the United States
Secret Service to overseas posts, which is necessary for the
effective enforcement of section 470 and related criminal
provisions, has been delayed.
(4) While section 470 of title 18, United States Code,
provides for a maximum term of imprisonment of 20 years as
opposed to a maximum term of 15 years for domestic
counterfeiting, the United States Sentencing Commission has
failed to provide, in its sentencing guidelines, for an
appropriate enhancement of punishment for defendants
convicted of counterfeiting United States currency outside
the United States.
(g) Timely Consideration of Requests for Concurrence in
Creation of Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request by the
Secretary of the Treasury for the placement of such number of
agents of the United States Secret Service as the Secretary
of the Treasury considers appropriate in posts in overseas
embassies; and
(B) reach an agreement with the Secretary of the Treasury
on such posts as soon as possible and, in any event, not
later than December 31, 1996.
(2) Cooperation of treasury required.--The Secretary of the
Treasury shall promptly provide any information requested by
the Secretary of State in connection with such requests.
(3) Reports required.--The Secretary of the Treasury and
the Secretary of State shall each submit, by February 1,
1997, a written report to the Committee on Banking and
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate explaining the reasons for the rejection, if any, of
any proposed post and the reasons for the failure, if any, to
fill any approved post by such date.
(h) Enhanced Penalties for International Counterfeiting of
United States Currency.--Pursuant to the authority of the
United States Sentencing Commission under section 994 of
title 28, United States Code, the Commission shall amend the
sentencing guidelines prescribed by the Commission to provide
an appropriate enhancement of the punishment for a defendant
convicted under section 470 of title 18 of such Code.
SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION
OF GOVERNMENT EMPLOYEES.
(a) Findings.--The Congress finds that--
(1) threats of violence and acts of violence against
Federal, State, and local government employees and their
families are increasing as the result of attempts to stop
public servants from performing their lawful duties;
(2) these acts are a danger to the constitutional form of
government of the United States; and
(3) more information is needed relating to the extent and
nature of the danger to these employees and their families so
that actions can be taken to protect public servants at all
levels of government in the performance of their duties.
(b) Statistics.--The Attorney General shall collect data,
for the calendar year 1990 and each succeeding calendar year
thereafter, relating to crimes and incidents of threats of
violence and acts of violence against Federal, State, and
local government employees and their families in the
performance of their lawful duties. Such data shall include--
(1) in the case of crimes against such employees and their
families, the nature of the crime; and
(2) in the case of incidents of threats of violence and
acts of violence, including verbal and implicit threats
against such employees and their families, the deterrent
effect on the performance of their jobs.
(c) Guidelines.--The Attorney General shall establish
guidelines for the collection of the data under subsection
(b), including a definition of the sufficiency of evidence of
noncriminal incidents required to be reported.
(d) Use of Data.--
(1) Annual publishing.--The Attorney General shall publish
an annual summary of the data collected under this section.
(2) Use of data.--Except with respect to the summary
published under paragraph (1), data collected under this
section shall be used only for research and statistical
purposes.
(e) Exemption.--The Attorney General, the Secretary of
State, and the United States Secret Service is not required
to participate in any statistical reporting activity under
this section with respect to any direct or indirect threat
made against any individual for whom that official or Service
is authorized to provide protection.
SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW
ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF
FIREARMS AND AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the
Attorney General, shall conduct a study and make
recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade, for law
enforcement officers, including--
(A) those officers who were feloniously killed or seriously
injured and those that died or were seriously injured as a
result of accidents or other non-felonious causes;
(B) those officers feloniously killed or seriously injured
with firearms, those killed or seriously injured with,
separately, handguns firing handgun caliber ammunition,
handguns firing rifle caliber ammunition, rifles firing rifle
caliber ammunition, rifles firing handgun caliber ammunition
and shotguns;
(C) those officers feloniously killed or seriously injured
with firearms, and killings or serious injuries committed
with firearms taken by officers' assailants from officers,
and those committed with other officers' firearms; and
(D) those killed or seriously injured because shots
attributable to projectiles defined as ``armor piercing
ammunition'' under section 921(a)(17)(B) (i) and (ii) of
title 18, United States Code, pierced the protective material
of bullet resistant vests and bullet resistant headgear;
(2) whether current passive defensive strategies, such as
body armor, are adequate to counter the criminal use of
firearms against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities;
(B) their common uses, according to consultations with
industry, sporting organizations and law enforcement;
(C) the calibers commonly used for civilian defensive or
sporting uses that would be affected by any prohibition on
non-law enforcement sales of such ammunition, if such
ammunition is capable of penetrating minimum level bullet
resistant vests; and
(D) recommendations for increase in body armor capabilities
to further protect law enforcement from threat.
(b) In conducting the study, the Secretary shall consult
with other Federal, State and local officials, non-
governmental organizations, including all national police
organizations, national sporting organizations and national
industry associations with expertise in this area and such
other individuals as shall be deemed necessary. Such study
shall be presented to Congress twelve months after the
enactment of this Act and made available to the public,
including any data tapes or data used to form such
recommendations.
(c) There are authorized to be appropriated for the study
and recommendations such sums as may be necessary.
SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.
(a) Study.--The Attorney General and the Director of the
Federal Bureau of Investigation shall study all applicable
laws and guidelines relating to electronic surveillance and
the use of pen registers and other trap and trace devices.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit a
report to the Congress that includes--
(1) the findings of the study conducted pursuant to
subsection (a);
(2) recommendations for the use of electronic devices in
conducting surveillance of terrorist or other criminal
organizations, and for any modifications in the law necessary
to enable the Federal Government to fulfill its law
enforcement responsibilities within appropriate
constitutional parameters;
(3) a summary of instances in which Federal law enforcement
authorities may have abused electronic surveillance powers
and recommendations, if needed, for constitutional safeguards
relating to the use of such powers; and
(4) a summary of efforts to use current wiretap authority,
including detailed examples of situations in which expanded
authority would have enabled law enforcement authorities to
fulfill their responsibilities.
[[Page 849]]
Subtitle B--Funding Authorizations for Law Enforcement
SEC. 811. FEDERAL BUREAU OF INVESTIGATION.
(a) In General.--With funds made available pursuant to
subsection (c)--
(1) the Attorney General shall--
(A) provide support and enhance the technical support
center and tactical operations of the Federal Bureau of
Investigation;
(B) create a Federal Bureau of Investigation
counterterrorism and counterintelligence fund for costs
associated with the investigation of cases involving cases of
terrorism;
(C) expand and improve the instructional, operational
support, and construction of the Federal Bureau of
Investigation Academy;
(D) construct a Federal Bureau of Investigation laboratory,
provide laboratory examination support, and provide for a
command center;
(E) make grants to States to carry out the activities
described in subsection (b); and
(F) increase personnel to support counterterrorism
activities; and
(2) the Director of the Federal Bureau of Investigation may
expand the combined DNA Identification System (CODIS) to
include Federal crimes and crimes committed in the District
of Columbia.
(b) State Grants.--
(1) Authorization.--The Attorney General, in consultation
with the Director of the Federal Bureau of Investigation, may
make grants to each State eligible under paragraph (2) to be
used by the chief executive officer of the State, in
conjunction with units of local government, other States, or
any combination thereof, to carry out all or part of a
program to establish, develop, update, or upgrade--
(A) computerized identification systems that are compatible
and integrated with the databases of the National Crime
Information Center of the Federal Bureau of Investigation;
(B) the capability to analyze deoxyribonucleic acid (DNA)
in a forensic laboratory in ways that are compatible and
integrated with the combined DNA Identification System
(CODIS) of the Federal Bureau of Investigation; and
(C) automated fingerprint identification systems that are
compatible and integrated with the Integrated Automated
Fingerprint Identification System (IAFIS) of the Federal
Bureau of Investigation.
(2) Eligibility.--To be eligible to receive a grant under
this subsection, a State shall require that each person
convicted of a felony of a sexual nature shall provide to
appropriate State law enforcement officials, as designated by
the chief executive officer of the State, a sample of blood,
saliva, or other specimen necessary to conduct a DNA analysis
consistent with the standards established for DNA testing by
the Director of the Federal Bureau of Investigation.
(3) Interstate compacts.--A State may enter into a compact
or compacts with another State or States to carry out this
subsection.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for the activities of the Federal Bureau of Investigation, to
help meet the increased demands for activities to combat
terrorism--
(A) $114,000,000 for fiscal year 1997;
(B) $166,000,000 for fiscal year 1998;
(C) $96,000,000 for fiscal year 1999; and
(D) $92,000,000 for fiscal year 2000.
(2) Availability of funds.--Funds made available pursuant
to paragraph (1), in any fiscal year, shall remain available
until expended.
(3) Allocation.--
(A) In general.--Of the total amount appropriated to carry
out subsection (b) in a fiscal year--
(i) the greater of 0.25 percent of such amount or $500,000
shall be allocated to each eligible State; and
(ii) of the total funds remaining after the allocation
under clause (i), there shall be allocated to each State an
amount which bears the same ratio to the amount of remaining
funds described in this subparagraph as the population of
such State bears to the population of all States.
(B) Definition.--For purposes of this paragraph, the term
``State'' means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands, except that for purposes of the
allocation under this subparagraph, American Samoa and the
Commonwealth of the Northern Mariana Islands shall be
considered as one State and that for these purposes, 67
percent of the amounts allocated shall be allocated to
American Samoa, and 33 percent to the Commonwealth of the
Northern Mariana Islands.
SEC. 812. UNITED STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated
for the activities of the United States Customs Service, to
help meet the increased needs of the United States Customs
Service--
(1) $8,000,000 for fiscal year 1997;
(2) $8,000,000 for fiscal year 1998;
(3) $8,000,000 for fiscal year 1999; and
(4) $7,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any fiscal year, shall remain available
until expended.
SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--There are authorized to be appropriated
for the activities of the Immigration and Naturalization
Service, to help meet the increased needs of the Immigration
and Naturalization Service, including the detention and
removal of alien terrorists, $5,000,000 for each of the
fiscal years 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any fiscal year, shall remain available
until expended.
SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration.--The
Attorney General shall use funds made available pursuant to
subsection (b) to--
(1) fund antiviolence crime initiatives;
(2) fund initiatives to address major violators of Federal
antidrug statutes; and
(3) enhance or replace infrastructure of the Drug
Enforcement Administration.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Drug Enforcement Administration, to
help meet the increased needs of the Drug Enforcement
Administration--
(1) $35,000,000 for fiscal year 1997;
(2) $40,000,000 for fiscal year 1998;
(3) $45,000,000 for fiscal year 1999; and
(4) $52,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 815. DEPARTMENT OF JUSTICE.
(a) In General.--The Attorney General shall use funds made
available pursuant to subsection (b) to--
(1) hire additional Assistant United States Attorneys and
attorneys within the Criminal Division of the Department of
Justice; and
(2) provide for increased security at courthouses and other
facilities in which Federal workers are employed.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to carry out this section--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $11,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
(d) Exemption Authority.--Notwithstanding any other
provision of law, section 102(b) of the Department of Justice
and Related Agencies Appropriations Act, 1993 (Public Law
102-395), shall remain in effect until specifically repealed,
subject to any limitation on appropriations contained in any
Department of Justice Appropriation Authorization Act.
(e) General Reward Authority of the Attorney General.--
(1) In general.--Chapter 203 of title 18, United States
Code, is amended by adding immediately after section 3059A
the following section:
``Sec. 3059B. General reward authority
``(a) Notwithstanding any other provision of law, the
Attorney General may pay rewards and receive from any
department or agency funds for the payment of rewards under
this section to any individual who assists the Department of
Justice in performing its functions.
``(b) Not later than 30 days after authorizing a reward
under this section that exceeds $100,000, the Attorney
General shall give notice to the respective chairmen of the
Committees on Appropriations and the Committees on the
Judiciary of the Senate and the House of Representatives.
``(c) A determination made by the Attorney General to
authorize an award under this section and the amount of any
reward authorized shall be final and conclusive, and not
subject to judicial review.''.
SEC. 816. DEPARTMENT OF THE TREASURY.
(a) In General.--There are authorized to be appropriated
for Department of Treasury law enforcement agencies engaged
in counterterrorism efforts to augment those efforts--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $10,000,000 for fiscal year 2000.
(b) United States Secret Service.--There are authorized to
be appropriated for the activities of the United States
Secret Service, to augment White House security and expand
Presidential protection activities--
(1) $11,000,000 for fiscal year 1997;
(2) $11,000,000 for fiscal year 1998;
(3) $13,000,000 for fiscal year 1999; and
(4) $15,000,000 for fiscal year 2000.
SEC. 817. UNITED STATES PARK POLICE.
(a) In General.--There are authorized to be appropriated
for the activities of the United States Park Police, to help
meet the increased needs of the United States Park Police,
$500,000 for each of the fiscal years 1997, 1998, 1999, and
2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 818. THE JUDICIARY.
(a) In General.--There are authorized to be appropriated to
the Federal judiciary, to help meet the increased demands for
judicial branch activities, including supervised release, and
pretrial and probation services, resulting from the enactment
of this Act--
(1) $10,000,000 for fiscal year 1997;
[[Page 850]]
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $11,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.
(a) Grant Authorization.--The Attorney General, in
consultation with the Director of the Federal Emergency
Management Agency, may make grants to provide specialized
training and equipment to enhance the capability of
metropolitan fire and emergency service departments to
respond to terrorist attacks.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 1997, $5,000,000 to carry
out this section.
SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE
EXPLOSIVE DETECTION DEVICES AND OTHER
COUNTERTERRORISM TECHNOLOGY.
There are authorized to be appropriated to the National
Institute of Justice Office of Science and Technology not
more than $10,000,000 for each of the fiscal years 1997 and
1998 to provide assistance to foreign countries facing an
imminent danger of terrorist attack that threatens the
national interest of the United States, or puts United States
nationals at risk, in--
(1) obtaining explosive detection devices and other
counterterrorism technology;
(2) conducting research and development projects on such
technology; and
(3) testing and evaluating counterterrorism technologies in
those countries.
SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT
COUNTERTERRORISM TECHNOLOGIES.
There are authorized to be appropriated to the National
Institute of Justice Office of Science and Technology not
more than $10,000,000 for fiscal year 1997, to--
(1) develop technologies that can be used to combat
terrorism, including technologies in the areas of--
(A) detection of weapons, explosives, chemicals, and
persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) develop standards to ensure the adequacy of products
produced and compatibility with relevant national systems;
and
(3) identify and assess requirements for technologies to
assist State and local law enforcement in the national
program to combat terrorism.
SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR
TRAINING AND EQUIPMENT.
(a) Amendment of Byrne Grant Program.--Section 501(b) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3751(b)) is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) to develop and implement antiterrorism training
programs and to procure equipment for use by local law
enforcement authorities.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $25,000,000 for each of fiscal years 1997
through 2000 for grants under section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(b)) to be used for the development and implementation of
antiterrorism training programs and to procure equipment for
use by local law enforcement authorities.
SEC. 823. FUNDING SOURCE.
Appropriations for activities authorized in this subtitle
may be made from the Violent Crime Reduction Trust Fund.
TITLE IX--MISCELLANEOUS
SEC. 901. EXPANSION OF TERRITORIAL SEA.
(a) Territorial Sea Extending to Twelve Miles Included in
Special Maritime and Territorial Jurisdiction.--The Congress
declares that all the territorial sea of the United States,
as defined by Presidential Proclamation 5928 of December 27,
1988, for purposes of Federal criminal jurisdiction is part
of the United States, subject to its sovereignty, and is
within the special maritime and territorial jurisdiction of
the United States for the purposes of title 18, United States
Code.
(b) Assimilated Crimes in Extended Territorial Sea.--
Section 13 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after ``title,'' the
following: ``or on, above, or below any portion of the
territorial sea of the United States not within the
jurisdiction of any State, Commonwealth, territory,
possession, or district''; and
(2) by adding at the end the following new subsection:
``(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State,
Commonwealth, territory, possession, or district, such waters
(including the airspace above and the seabed and subsoil
below, and artificial islands and fixed structures erected
thereon) shall be deemed, for purposes of subsection (a), to
lie within the area of the State, Commonwealth, territory,
possession, or district that it would lie within if the
boundaries of such State, Commonwealth, territory,
possession, or district were extended seaward to the outer
limit of the territorial sea of the United States.''.
SEC. 902. PROOF OF CITIZENSHIP.
Notwithstanding any other provision of law, a Federal,
State, or local government agency may not use a voter
registration card (or other related document) that evidences
registration for an election for Federal office, as evidence
to prove United States citizenship.
SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.
(a) In General.--Section 3006A of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (4), (5) and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Disclosure of fees.--The amounts paid under this
subsection, for representation in any case, shall be made
available to the public.''; and
(2) in subsection (e) by adding at the end of the
following:
``(4) Disclosure of fees.--The amounts paid under this
subsection for services in any case shall be made available
to the public.''.
(b) Fees and Expenses and Capital Cases.--Section
408(q)(10) of the Controlled Substances Act (21 U.S.C.
848(q)(10)) is amended to read as follows:
``(10)(A) Compensation shall be paid to attorneys appointed
under this subsection at a rate of not more than $125, per
hour for in-court and out-of-court time. Not less than 3
years after the date of the enactment of the Antiterrorism
and Effective Death Penalty Act of 1996, the Judicial
Conference is authorized to raise the maximum for hourly
payment specified in the paragraph up to the aggregate of the
overall average percentages of the adjustments in the rates
of pay for the General Schedule made pursuant to section 5305
of title 5 on or after such date. After the rates are raised
under the preceding sentence, such hourly range may be raised
at intervals of not less than one year, up to the aggregate
of the overall average percentages of such adjustments made
since the last raise under this paragraph.
``(B) Fees and expenses paid for investigative, expert, and
other reasonably necessary services authorized under
paragraph (9) shall not exceed $7,500 in any case, unless
payment in excess of that limit is certified by the court, or
by the United States magistrate judge, if the services were
rendered in connection with the case disposed of entirely
before such magistrate judge, as necessary to provide fair
compensation for services of an unusual character or
duration, and the amount of the excess payment is approved by
the chief judge of the circuit. The chief judge of the
circuit may delegate such approval authority to an active
circuit judge.
``(C) The amounts paid under this paragraph for services in
any case shall be disclosed to the public, after the
disposition of the petition.''.
(c) Effective Date.--The amendments made by this section
apply to--
(1) cases commenced on or after the date of the enactment
of this Act; and
(2) to appellate proceedings, in which an appeal is
perfected, on or after the date of the enactment of this Act.
SEC. 904. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any person or
circumstance shall not be affected thereby.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
amendment of the House to the title of the bill, insert the
following: ``An Act to deter terrorism, provide justice for
victims, provide for an effective death penalty, and for
other purposes.''.
And the House agree to the same.
Henry Hyde,
Bill McCollum,
Steven Schiff,
Steve Buyer,
Bob Barr,
Charles Schumer,
Managers on the part of the House.
Orrin G. Hatch,
Strom Thurmond,
Alan K. Simpson,
Managers on the part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LINDER, announced that the yeas had it.
Mr. HYDE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 851]]
Yeas
293
When there appeared
<3-line {>
Nays
133
para.42.11 [Roll No. 126]
YEAS--293
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Cremeans
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Everett
Ewing
Fawell
Fazio
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hefley
Hefner
Heineman
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kasich
Kelly
Kennelly
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Ramstad
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sawyer
Saxton
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stupak
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Volkmer
Vucanovich
Walker
Ward
Watts (OK)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zimmer
NAYS--133
Abercrombie
Barcia
Barrett (WI)
Bass
Becerra
Beilenson
Berman
Bonilla
Bonior
Brown (OH)
Bryant (TX)
Bunn
Burr
Campbell
Chenoweth
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Cooley
Coyne
Crane
Crapo
Cubin
DeFazio
Dellums
Dickey
Doggett
Duncan
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Funderburk
Furse
Graham
Gutierrez
Hancock
Hastings (WA)
Hayworth
Herger
Hilleary
Hilliard
Hinchey
Hoekstra
Hostettler
Hutchinson
Jackson (IL)
Jacobs
Johnston
Jones
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
King
LaFalce
LaHood
Lewis (GA)
Lewis (KY)
Lofgren
Manzullo
Markey
Martinez
McCarthy
McDermott
McKinney
Meek
Metcalf
Millender-McDonald
Minge
Mollohan
Myers
Nethercutt
Neumann
Ney
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pombo
Radanovich
Rahall
Rangel
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Scarborough
Schroeder
Scott
Serrano
Shadegg
Skaggs
Skeen
Slaughter
Souder
Stark
Stockman
Stokes
Studds
Stump
Tate
Torres
Towns
Velazquez
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Waxman
Weldon (FL)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zeliff
NOT VOTING--7
Coleman
Fields (TX)
Hayes
Jackson-Lee (TX)
Rose
Tanner
Thompson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.42.12 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Friday, April 19, 1996 it
adjourn to meet on Monday, April 22, 1996 at 2:00 o'clock p.m.
para.42.13 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Monday, April 22, 1996 it
adjourn to meet at 12:30 p.m. on Tuesday, April 23, 1996 for ``morning
hour'' debates.
para.42.14 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, April
24, under clause 7, rule XXIV, the Calendar Wednesday rule, be dispensed
with.
para.42.15 subpoena
The SPEAKER pro tempore, Mr. PETRI, laid before the House the
following communication, which was read as follows:
U.S. House of Representatives,
April 15, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This letter notifies you, pursuant to
Rule L [50] of the Rules of the House of Representatives,
that a subpoena issued by the U.S. District Court for the
District of Colorado in the case of United States v. Abbey
was mailed to me at my Westminster, Colorado, district
office.
I have been advised by the Office of the General Counsel of
the House that the method of service of the subpoena did not
comply with Rule 17(d) of the Federal Rules of Criminal
Procedure. I have asked the Office of General Counsel to so
advise the attorney who mailed the subpoena to me.
Sincerely yours,
David E. Skaggs.
para.42.16 subpoena
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, laid before the
House a communication, which was read as follows:
House of Representatives,
Committee on Appropriations,
Washington, DC, April 18, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my committee
has been served with a subpoena issued by the United States
District Court for the District of Columbia.
After consultation with the General Counsel, I will make
the determinations required by the Rule.
Sincerely,
Bob Livingston,
Chairman.
para.42.17 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 255. An Act to designate the Federal Justice Building
in Miami, Florida, as the ``James Lawrence King Federal
Justice Building'';
H.R. 869. An Act to designate the Federal building and
United States courthouse located at 125 Market Street in
Youngstown, Ohio, as the ``Thomas D. Lambros Federal Building
and United States Courthouse'';
H.R. 1804. An Act to designate the United States Post
Office-Courthouse located at South 6th and Rogers Avenue,
Fort Smith, Arkansas, as the ``Judge Isaac C. Parker Federal
Building'';
H.R. 2556. An Act to redesignate the Federal building
located at 345 Middlefield Road in Menlo Park, California,
and known as the Earth Sciences and Library Building, as the
``Vincent E. McKelvey Federal Building''; and
H.R. 2415. An Act to designate the United States Customs
Administrative Building at the Ysleta/Zaragoss Port of Entry
located at 797 South Zaragosa Road in El Paso, Texas, as the
``Timothy C. McCaghren Customs Administrative Building.''
And then,
[[Page 852]]
para.42.18 adjournment
On motion of Mr. DORNAN, at 7 o'clock and 8 minutes p.m., the House
adjourned.
para.42.19 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ARCHER: Committee on Ways and Means. H.R. 2754. A bill
to approve and implement the OECD Shipbuilding Trade
Agreement; with an amendment (Rept. No. 104-524 Pt. 1).
Ordered to be printed.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 2594. A bill to amend the Railroad
Unemployment Insurance Act to reduce the waiting period for
benefits payable under that act, and for other purposes
(Rept. No. 104-525). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2660. A
bill to increase the amount authorized to be appropriated to
the Department of the Interior for the Tensas River National
Wildlife Refuge (Rept. No. 104-526). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2679. A
bill to revise the boundary of the North Platte National
Wildlife Refuge (Rept. No. 104-527). Referred to the
Committee of the Whole House on the State of the Union.
para.42.20 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2754. Referral to the Committee on National Security
extended for a period ending not later than May 30, 1996.
para.42.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DUNCAN (for himself, Mr. Shuster, Mr. Lipinski,
Mr. Weller, Mr. Clinger, Mr. Lightfoot, Mr. Paxon,
and Mr. Martini):
H.R. 3267. A bill to amend title 49, United States Code, to
prohibit individuals who do not hold a valid private pilots
certificate from manipulating the controls of aircraft in an
attempt to set a record or engage in an aeronautical
competition or aeronautical feat, and for other purposes; to
the Committee on Transportation and Infrastructure.
By Mr. CUNNINGHAM:
H.R. 3268 A bill to amend the Individuals with Disabilities
Education Act, to reauthorize and make improvements to that
act, and for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. CUNNINGHAM (for himself, Mrs. Mink of Hawaii,
and Mr. Bilbray):
H.R. 3269. A bill to amend the Impact Aid Program to
provide for a hold-harmless with respect to amounts for
payments relating to the Federal acquisition of real property
and for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. DOOLITTLE (for himself, Mr. Matsui, Mr. Fazio of
California, Mr. Pombo, Mr. Herger, Mr. Radanovich,
Mr. Condit, and Mr. Dooley):
H.R. 3270. A bill to authorize and direct the Secretary of
the Army to expeditiously construct a project for flood
control on the Sacramento and American Rivers, CA, and to
authorize and direct the Secretary of the Interior and the
Secretary of the Army to enter into agreements that allow the
State of California or other non-Federal sponsors to
construct, without cost to the United States, a multipurpose
dam and related facilities at Auburn on the American River;
to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Houghton, Mr. Traficant, Mr. Holden, Mr. Green of
Texas, Mr. Rahall, Ms. McKinney, Mr. Spratt, Mr.
Lipinski, Mr. Kennedy of Massachusetts, Mr. Klink,
Mr. Calvert, and Mr. Ney):
H.R. 3271. A bill to amend the Trade Act of 1974 to extend
the period of time within which workers may file a petition
for trade adjustment assistance; to the Committee on Ways and
Means.
By Mr. GILLMOR (for himself, Mr. Fields of Texas, Mr.
Boucher, Mr. Oxley, Mr. Manton, and Mr. Stearns):
H.R. 3272. A bill to amend the Securities Exchange Act of
1934 to require improved disclosure of corporate charitable
contributions, and for other purposes; to the Committee on
Commerce.
By Mr. GILLMOR:
H.R. 3273. A bill to amend the Securities Exchange Act of
1934 to require corporations to obtain the views of
shareholders concerning corporate charitable contributions;
to the Committee on Commerce.
By Mr. GOSS:
H.R. 3274. A bill to amend the Federal Election Campaign
Act of 1971 to reform House of Representatives campaign
finance laws, and for other purposes; to the Committee on
House Oversight, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. PRYCE (for herself and Mr. Tiahrt):
H.R. 3275. A bill to amend the Indian Child Welfare Act to
exempt from coverage of the act child custody proceedings
involving a child whose parents do not maintain significant
social, cultural, or political affiliation with the tribe of
which the parents are members, and for other purposes; to the
Committee on Resources.
By Mr. RIGGS (for himself, Mrs. Kelly, Ms. Lofgren, Mr.
Poshard, and Mr. Norwood):
H.R. 3276. A bill to provide that, to receive their pay,
Members of Congress are required to certify that they have
performed their congressional duties, and for other purposes;
to the Committee on House Oversight.
By Mr. SMITH of Texas (for himself, Mr. Condit, Mr.
DeLay, Mr. Clinger, Mr. McIntosh, Mr. Pete Geren of
Texas, Mr. Hastert, Mr. Peterson of Minnesota, Mr.
Miller of Florida, Mr. Wicker, Mr. Stockman, Mr.
Herger, Mr. Rohrabacher, Mr. Funderburk, Mr. Weller,
Mr. Coble, Mr. Parker, Mrs. Chenoweth, Mr. Bunning of
Kentucky, Mr. Laughlin, Mr. Lewis of Kentucky, Mr.
Largent, Mr. Emerson, Mr. Deal of Georgia, Mr.
Norwood, Mr. Thornberry, Mr. Duncan, Mr. Hostettler,
Mr. Gutknecht, Mr. Coburn, Mr. Cooley, Mr. Fields of
Texas, Mr. Gekas, Mr. Barton of Texas, Mr. Combest,
Mr. Archer, Mr. Tauzin, and Mr. Davis):
H.R. 3277. A bill to ensure congressional approval of the
amount of compliance costs imposed on the private sector by
regulations issued under new or reauthorized Federal laws; to
the Committee on Government Reform and Oversight, and in
addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STUPAK:
H.R. 3278. A bill to direct the Secretary of Transportation
to convey the St. Helena Island Light Station to the Great
Lakes Lighthouse Keepers Association; to the Committee on
Transportation and Infrastructure.
By Mr. WARD (for himself, Mr. Hamilton, Mr. Fazio of
California, Mr. Matsui, Mr. Jacobs, Mr. Myers of
Indiana, Mr. Tejeda, Mr. Lewis of Kentucky, and Mr.
Shuster):
H.R. 3279. A bill to provide for early deferred annuities
under chapter 83 of title 5, United States Code, for certain
former Department of Defense employees who are separated from
service by reason of certain defense base closures, and for
other purposes; to the Committee on Government Reform and
Oversight.
By Mr. WAXMAN:
H.R. 3280. A bill to amend the Safe Drinking Water Act to
guarantee the public's right to know about contaminants in
their drinking water; to the Committee on Commerce.
By Mr. ENGLISH of Pennsylvania:
H.J. Res. 172. Joint resolution proposing an amendment to
the Constitution of the United States relating to
contributions and expenditures intended to affect elections;
to the Committee on the Judiciary.
By Mr. BREWSTER (for himself, Mr. Burr, Mr. Franks of
New Jersey, Mr. Frazer, Mr. Frost, Mr. Waxman, Mr.
Watts of Oklahoma, and Mr. Coburn):
H. Con. Res. 164. Concurrent resolution honoring the
national organization of Future Business Leaders of America--
Phi Beta Lambda; to the Committee on Economic and Educational
Opportunities.
By Mr. QUINN (for himself, Mr. Borski, Mr. Flanagan,
Mr. Kleczka, Mr. Hoke, and Mrs. Johnson of
Connecticut):
H. Con. Res. 165. Concurrent resolution saluting and
congratulating Polish people around the world as, on May 3,
1996, they commemorate the 205th anniversary of the adoption
of Poland's first constitution; to the Committee on
International Relations, and in addition to the Committee on
Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STOCKMAN:
H. Con. Res. 166. Concurrent resolution authorizing the use
of the Capitol Grounds for the Washington for Jesus 1996
prayer rally; to the Committee on Transportation and
Infrastructure.
By Mr. Gephardt (for himself, Mr. Gingrich, Mrs. Meek
of Florida, Mr. Dingell, Mr.Payne of New Jersey, Mr.
Conyers, Mr. Ford, Mrs. Collins of Illinois, Mrs.
Clayton, Mr. Rangel, Mr. Owens, Mr. Fields of
Louisiana, Mr. Hilliard, Mr. Frazer, Ms. Norton, Mr.
Wynn, Mr. Dellums, Mr. Jefferson, Mr. Dixon, Mr.
Rush, Ms. McKinney, Mr. Clay, Ms. Jackson-Lee, Mr.
Bishop, Mr. Hoyer, Mr. Matsui, Mrs. Mink of Hawaii,
Mr. Rahall, Mr. Barrett of Wisconsin, Mr. Gejdenson,
Mr. Coleman, Mr. Gordon, Mr. Brown of California,
Ms. Harman, Mrs. Kennelly, Mr. Sawyer, Ms. Lofgren,
Mr. Bonior, Mr. Fazio of California, Mr. Frost, Mr.
Lewis of Georgia, Ms. DeLauro, Mr. Edwards, Mr.
Cardin, Mr. Pallone, Mr. Stenholm, Mr. Levin, Mr.
Stupak, Mr. Schumer, Mr. Johnston of Florida, Ms.
Pelosi, Mr. Reed, Mr. Berman, Mr. Miller of
California, Mr. Sabo, Mr. Volkmer, Mr. Oberstar, Mr.
Skaggs, Mr. Durbin, Mr. Neal of Massachusetts, Mr.
Frank of Massachusetts, Ms. Woolsey,
[[Page 853]]
Mr.Bentsen, Ms. Eddie Bernice Johnson of Texas, Mr.
Obey, Mr. Olver, Mr. Abercrombie, Mr. Borski, Mr.
Studds, Mr. Stokes, Mr. Meehan, Mr. Baldacci, Mr.
McHale, Mr. Skelton, Mr. Mascara, Mr. Clyburn, Mr.
Filner, Mr. Barcia of Michigan, Mr. Kleczka, Mr.
Ackerman, Mr. Hinchey, Mr. Deutsch, Mrs. Maloney, Mr.
Jackson, Mr. Doyle, Ms. Brown of Florida, Mr. Taylor
of Mississippi, Miss Collins of Michigan, Mr. Fattah,
Mr. Traficant, Mr. Towns, Mr. Yates, Mr. Thornton,
Mr. Scott, Mr. Kanjorski, Mr. Poshard, Mr. Lantos,
Mr. Evans, Mr. Martinez, Mr. Hall of Ohio, Mr.
Andrews, Mr. Boucher, Mr. Nadler, Mr. Romero-Barcelo,
Mr. Markey, Mr. Stark, Mr. Manton, Mr. Coyne, Mr.
Watt of North Carolina, Mr. Moakley, Mr. Green of
Texas, Mr. Underwood, Mr. Klink, Ms. Eshoo, Mr.
Richardson, Mr. Ward, Mr. Costello, Mr. Spratt, Mr.
Engel, Mr. Visclosky, Ms. Waters, Mr. Luther, Mr.
Kennedy of Massachusetts, Mr. Farr, Mr. Waxman, Ms.
Furse, Mr. Thompson, Mr. de la Garza, Mr. Flake, Ms.
Millender-McDonald, and Mr. Forbes):
H. Res. 406. Resolution in tribute to Secretary of Commerce
Ronald H. Brown and other Americans who lost their lives on
April 3, 1996, while in service to their country on a mission
to Bosnia; considered and agreed to.
By Mr. SCHUMER:
H. Res. 407. Resolution condemning the National Rifle
Association for holding its annual convention on the
anniversary of the bombing of the Alfred P. Murrah Federal
Building in Oklahoma City, OK; to the Committee on Government
Reform and Oversight.
para.42.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Baker of California and Mr. Dickey.
H.R. 103: Mr. Bishop.
H.R. 109: Mr. Stark.
H.R. 303: Mr. Baker of California, Mr. Coburn, and Mr.
Dickey.
H.R. 488: Mr. Gutierrez.
H.R. 598: Mr. Pomeroy, Mr. Luther, Mr. Callahan, and Mr.
Bryant of Tennessee.
H.R. 739: Mr. Laughlin and Mr. Montgomery.
H.R. 820: Mr. Miller of California and Mr. Cremeans.
H.R. 885: Mr. Lazio of New York and Mr. Frisa.
H.R. 940: Mr. McHale.
H.R. 941: Mr. Smith of New Jersey and Mr. Olver.
H.R. 997: Mr. Frank of Massachusetts.
H.R. 1000: Mr. Andrews and Mr. Porter.
H.R. 1078: Mr. DeFazio.
H.R. 1363: Mr. Sam Johnson.
H.R. 1386: Mr. Heineman, Mr. Latham, and Mr. Cooley.
H.R. 1462: Mr. Stupak, Mr. Holden, Mr. McHale, Mrs.
Schroeder, Mr. Kanjorski, Mr. McDade, and Mr. Longley.
H.R. 1484: Ms. McKinney.
H.R. 1684: Mr. Gekas, Mr. Goss, Mr. McCollum, Mr. Miller of
Florida, Mr. Packard, Ms. Ros-Lehtinen, Mr. Thomas, Mr.
Walker, Mr. Young of Florida, and Mr. Traficant.
H.R. 1713: Mr. Thornberry and Mr. Lewis of Kentucky.
H.R. 1776: Ms. Pelosi, Mr. Olver, Mr. Gutierrez, Mr.
Tejeda, Mr. Heineman, Mrs. Mink of Hawaii, Mr. Frank of
Massachusetts, Mr. Cunningham, Mr. Leach, and Mr. Hunter.
H.R. 1797: Ms. Roybal-Allard, Ms. Lofgren, and Mr. Stupak.
H.R. 1841: Mr. Latham.
H.R. 1957: Mr. Gutierrez.
H.R. 2011: Ms. Roybal-Allard.
H.R. 2019: Mr. Saxton, Mr. Gilman, and Mr. Bartlett of
Maryland.
H.R. 2134: Mr. McKeon.
H.R. 2185: Mr. Rahall, Mr. Deutsch, Mr. Olver, Mrs.
Maloney, Mr. Moran, Mr. Boucher, Mrs. Kelly, Mr. Coyne, and
Mr. Kildee.
H.R. 2244: Mr. Salmon.
H.R. 2247: Mr. Engel, Mr. Gordon, Mr. Hastings of Florida,
Mr. Oberstar, and Mr. Owens.
H.R. 2271: Mr. Dellums, Mr. Engel, and Mr. Lipinski.
H.R. 2320: Mrs. Meyers of Kansas, Mr. Pomeroy, Mr. Talent,
Mr. Gallegly, and Mrs. Seastrand.
H.R. 2472: Mr. Lewis of Georgia, Mr. Mascara, Mr.
Abercrombie, Mr. Pallone, and Mr. Hinchey.
H.R. 2508: Mr. Matsui, Mr. Bevill, and Mr. Traficant.
H.R. 2531: Mr. Bunning of Kentucky.
H.R. 2548: Mr. LaTourette, Mr. Cremeans, and Mr.
Nethercutt.
H.R. 2579: Mr. Kim and Ms. Roybal-Allard.
H.R. 2602: Mr. Hastings of Florida.
H.R. 2634: Mr. Rahall.
H.R. 2724: Mr. Abercrombie, Mr. Olver, Mr. Conyers, Mr.
Klink, and Mr. Borski.
H.R. 2725: Mr. Abercrombie, Mr. Olver, Mr. Conyers, Mr.
Klink, and Mr. Borski.
H.R. 2757: Mrs. Thurman and Mr. Lucas.
H.R. 2807: Mr. Lewis of Georgia and Mr. Dooley.
H.R. 2843: Mr. Bilirakis.
H.R. 2856: Mr. Pallone, Mrs. Maloney, and Ms. Eddie Bernice
Johnson of Texas.
H.R. 2931: Ms. Velazquez.
H.R. 2938: Mr. Camp, Mrs. Fowler, Mr. Upton, Mr. Largent,
Mr. Quinn, Mr. Gunderson, Mr. Crapo, Mr. Thornberry, Mr.
LaHood, Mr. Foley, and Mr. Hall of Ohio.
H.R. 3012: Mr. Scarborough, Mr. Brown of California, Mr.
Lipinski, Mr. Stupak, Mr. Abercrombie, Mr. Rahall, Mr. Wolf,
Mr. Ortiz, Mr. Hall of Texas, Mr. Ehrlich, Mr. Volkmer, Mr.
Gonzalez, Mr. Torres, and Mr. Olver.
H.R. 3050: Mr. Skelton.
H.R. 3059: Mr. Filner, Mr. Dellums, and Mr. Yates.
H.R. 3060: Mr. Sensenbrenner, Mr. Bartlett of Maryland,
and Mr. Weldon of Florida.
H.R. 3078: Mr. English of Pennsylvania, Mr. Ballenger, Mrs.
Kelly, Mr. Blute, and Mr. Pickett.
H.R. 3081: Mr. Stark, Mr. Frazer, Ms. Pelosi, Mr.
Underwood, Mr. Fattah, Mr. Dellums, Mr. Blute, Ms. Lofgren,
Mr. Torres, Mr. thompson, and Mr. Dooley.
H.R. 3119: Mr. Faleomavaega and Mr. Manton.
H.R. 3142: Mr. Hoyer, Mr. Fazio of California, Mr. Spratt,
Mrs. Vucanovich, Mr. Miller of Florida, Mr. Schaefer, Mrs.
Morella, and Mrs. Schroeder.
H.R. 3152: Mr. Campbell.
H.R. 3161: Mr. Bereuter.
H.R. 3167: Mrs. Maloney.
H.R. 3168: Ms. Pelosi.
H.R. 3173: Mr. Evans, Mr. Regula, Mr. Gutierrez, Mr.
Nadler, and Mr. Weldon of Pennsylvania.
H.R. 3174: Mrs. Johnson of Connecticut, Mr. McDermott, Ms.
Pelosi, Mrs. Clayton, Ms. Danner, Mr. Filner, Mr. Hilliard,
Mr. Frost, Ms. Norton, Mr. Studds, Mr. Frazer, Mr. Hinchey,
Ms. Waters, Ms. Lofgren, and Ms. Roybal-Allard.
H.R. 3176: Mrs. Johnson of Connecticut, Mr. McDermott, Ms.
Pelosi, Mrs. Clayton, Ms. Brown of Florida, Ms. Danner, Mr.
Filner, Mr. Hilliard, Mr. Frost, Ms. Norton, Mr. Studds, Mr.
Frazer, Mr. Hinchey, Ms. Waters, Ms. Lofgren, and Ms. Roybal-
Allard.
H.R. 3187: Mr. Traficant, Ms. Brown of Florida, Mr. Rahall,
Ms. Eddie Bernice Johnson of Texas, Mr. Thompson, and Mr.
Hilliard.
H.R. 3195: Mr. Parker.
H.R. 3223: Mr. Bereuter.
H.R. 3224: Mr. Fox and Mr. Skeen.
H.R. 3236: Mr. Bryant of Tennessee, Mr. McCrery, Mr.
Thompson, Mr. McHugh, and Mr. Walsh.
H.R. 3238: Mr. Thompson.
H.R. 3246: Mr. Meehan, Ms. Lofgren, Mr. Miller of
California, Mr. Barrett of Wisconsin, Mr. Frost, and Mr.
Lipinski.
H.R. 3248: Mr. Bilirakis.
H.R. 3250: Mr. Lipinski and Mr. Poshard.
H.J. Res. 167: Mr. Hancock, Mr. Hoke, Mr. Lipinski, and Mr.
Calvert.
H. Con. Res. 47: Mr. Barcia of Michigan and Mr. Thompson.
H. Con. Res. 83: Mr. Green of Texas.
H. Con. Res. 154: Mr. Armey, Mr. Baker of Louisiana, Mr.
Barr, Mr. Barrett of Nebraska, Mr. Bartlett of Maryland, Mr.
Bentsen, Mr. Bilbray, Mr. Boehlert, Mr. Bonilla, Mr.
Brownback, Mr. Bryant of Tennessee, Mr. Burr, Mr. Calvert,
Mr. Campbell, Mr. Canady, Mr. Chabot, Mr. Chambliss, Mr.
Christensen, Mr. Chrysler, Mrs. Clayton, Mr. Coburn, Mr.
Collins of Georgia, Mr. Combest, Mr. Condit, Mr. Costello,
Mr. Crane, Mr. Crapo, Mr. Cremeans, Mr. Cunningham, Mr.
Davis, Mr. DeLay, Mr. Diaz-Balart, Mr. Dickey, Mr. Dicks, Mr.
Doolittle, Mr. Dornan, Mr. Dreier, Mr. Duncan, Ms. Dunn of
Washington, Mr. Ehlers, Mr. Emerson, Mr. English of
Pennsylvania, Mr. Ensign, Ms. Eshoo, Mr. Ewing, Mr.
Faleomavaega, Mr. Flanagan, Mr. Fox, Mr. Frank of
Massachusetts, Mr. Frelinghuysen, Mr. Frisa, Mr. Gallegly,
Mr. Ganske, Mr. Gejdenson, Mr. Gekas, Mr. Gilchrest, Mr.
Gilman, Mr. Green of Texas, Mr. Gunderson, Mr. Hall of Texas,
Mr. Hancock, Mr. Hayworth, Mr. Heineman, Mr. Herger, Mr.
Hoekstra, Mr. Hoke, Mr. Horn, Mr. Hostettler, Mr. Houghton,
Mr. Hunter, Mr. Hutchinson, Mr. Sam Johnson, Mr. Kasich, Mr.
Kim, Mr. LaHood, Mr. Lantos, Mr. Largent, Mr. Latham, Mr.
LaTourette, Mr. Laughlin, Mr. Lewis of Kentucky, Mr. Linder,
Mr. Livingston, Mr. LoBiondo, Mr. Longley, Mr. Manzullo, Mr.
McCrery, Mr. McIntosh, Mr. McKeon, Mrs. Meek of Florida, Mr.
Metcalf, Mrs. Meyers of Kansas, Mr. Mica, Mr. Montgomery, Mr.
Nethercutt, Mr. Neumann, Mr. Norwood, Mr. Nussle, Mr. Ortiz,
Mr. Parker, Mr. Portman, Ms. Pryce, Mr. Quillen, Mr.
Radanovich, Mr. Roberts, Ms. Ros-Lehtinen, Mr. Rose, Mr.
Roth, Mr. Royce, Mr. Sabo, Mr. Sanford, Mrs. Seastrand, Mr.
Shadegg, Mr. Smith of Michigan, Mr. Souder, Mr. Stearns, Mr.
Stenholm, Mr. Stockman, Mr. Stump, Mr. Talent, Mr. Taylor of
Mississippi, Mr. Thomas, Mr. Thornberry, Mr. Thornton, Mr.
Tiahrt, Mr. Torkildsen, Mr. Towns, Mr. Traficant, Mr.
Volkmer, Mrs. Vucanovich, Mrs. Greene of Utah, Mr. Wamp, Mr.
Watts of Oklahoma, Mr. Weldon of Florida, Mr. Weller, Mr.
White, Mr. Whitfield, Mr. Wicker, Mr. Wolf, Mr. Young of
Alaska, and Mr. Zimmer.
H. Con. Res. 156: Ms. Lofgren, Mr. Torres, Ms. Roybal-
Allard, Mr. Stupak, Mr. Thompson, Mr. Watt of North Carolina,
and Mr. Coburn.
H. Res. 49: Mr. Bonior, Ms. Velazquez, Mr. Reed, and Mr.
Dellums.
para.42.23 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
[[Page 854]]
H.R. 789: Mr. Riggs.
H.R. 2060: Mr. Burton of Indiana.
H.R. 2472: Mr. Riggs.
H.R. 2823: Mr. DeFazio.
.
FRIDAY, APRIL 19, 1996 (43)
The House was called to order by the SPEAKER.
para.43.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, April 18, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.43.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2421. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule and interim rules--amending the Defense Federal
Acquisition Regulation Supplement [DFARS], pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on National Security.
2422. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the People's Republic of
China (China), pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking and Financial Services.
2423. A letter from the Director, Financial Crimes
Enforcement Network, transmitting the Network's interim
rule--exemptions from the requirement to report large
currency transactions pursuant to the Bank Secrecy Act,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
2424. A letter from the Director, Audit Oversight and
Liaison, General Accounting Office, transmitting a report
entitled, ``Financial Audit: U.S. Government Printing
Office's Financial Statements for Fiscal Year 1995'' (GAO/
AIMD-96-52) April 1996, pursuant to 31 U.S.C. 9106(a); to the
Committee on Government Reform and Oversight.
2425. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
2426. A letter from the Postmaster General, CEO, U.S.
Postal Service, transmitting a report of activities under the
Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
2427. A letter from the Chairman, Federal Election
Commission, transmitting proposed regulations governing news
stories and candidate debates staged by cable television
organizations (11 CFR Parts 100, 110, and 114), pursuant to 2
U.S.C. 438(d)(1); to the Committee on House Oversight.
2428. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2429. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals for the District of Columbia Circuit
(No. 95-7051--Fawn Mining v. Hudson) April 5, 1996; to the
Committee on Ways and Means.
2430. A letter from the Director, Audit Oversight and
Liaison, General Accounting Office, transmitting a report
entitled, ``Financial Audit: Independent Counsel Expenditures
for the Six Months Ended September 30, 1995'' (GAO/AIMD-96-
67) March 1996, pursuant to 31 U.S.C. 9106(a); jointly, to
the Committees on Government Reform and Oversight and the
Judiciary.
2431. A letter from the Chief, Drug and Chemical Evaluation
Section, Drug Enforcement Administration, transmitting the
Administration's final rule--implementing provisions of the
Domestic Chemical Diversion Control Act of 1993, pursuant to
5 U.S.C. 801(a)(1)(A); jointly, to the Committees on the
Judiciary and Commerce.
2432. A letter from the Secretary of Veterans Affairs,
transmitting the Department's sixth report describing the
administration of the Montgomery GI bill--active duty
educational assistance program, pursuant to 38 U.S.C. 3036;
jointly, to the Committees on Veterans' Affairs and National
Security.
2433. A letter from the General Counsel of the Department
of Defense, transmitting a draft of proposed legislation to
make various changes to laws affecting the management and
operations of the Department of Defense, and for other
purposes; jointly, to the Committees on National Security,
Ways and Means, Transportation and Infrastructure, Commerce,
and International Relations.
And then,
para.43.3 adjournment
On motion of Mrs. SCHROEDER, pursuant to the special order agreed to
on Thursday, April 18, 1996, at 10 o'clock and 29 minutes a.m., the
House adjourned until 2:00 o'clock p.m. on Monday, April 23, 1996.
para.43.4 memorials
Under clause 4 of rule XXII,
217. The SPEAKER presented a memorial of the House of
Representatives of the State of Georgia, relative to urging
the U.S. Congress to appropriate funds at the fully
authorized level for payments in lieu of taxes to local
governments; to the Committee on Resources.
para.43.5 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1050: Ms. Waters.
H.R. 2976: Mr. Nethercutt.
.
MONDAY, APRIL 22, 1996 (44)
para.44.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
FUNDERBURK, who laid before the House the following communication:
Washington, DC,
April 22, 1996.
I hereby designate the Honorable David Funderburk to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.44.2 approval of the journal
The SPEAKER pro tempore, Mr. FUNDERBURK, announced he had examined and
approved the Journal of the proceedings of Friday, April 19, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.44.3 communications
Under clause 2 of rule XXIV, executive communication was taken from
the Speaker's table and referred as follows:
2434. A letter from the Director, Defense Security
Assistance Agency, transmitting a report of enhancement or
upgrade of sensitivity of technology or capability for Saudi
Arabia (Transmittal No. D-96), pursuant to 22 U.S.C.
2776(b)(5)(A); to the Committee on International Relations.
para.44.4 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. FUNDERBURK, laid before the House a
communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, April 19, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, April 19, 1996 at
12:40 p.m.: That the Senate passed without amendment H.R.
3034.
With warm regards,
Robin H. Carle,
Clerk.
para.44.5 enrolled bill signed
The SPEAKER pro tempore, Mr. FUNDERBURK, announced that pursuant to
clause 4, rule I, the Speaker signed the following enrolled bill on
Friday, April 19, 1996:
H.R. 3034. An Act to amend the Indian Self-Determination
and Education Assistance Act of 1965 to extend for two months
the authority for promulgating regulations under the Act.
para.44.6 permission to file conference report
On motion of Mr. LIVINGSTON, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 104-537) on the bill (H.R. 3019) making
appropriations for fiscal year 1996 to make a further downpayment toward
a balanced budget, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.44.7 committees resignation--minority
The SPEAKER pro tempore, Mr. FUNDERBURK, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, April 22, 1996.
Hon. Newt Gingrich,
Speaker, the Capitol,
Washington, DC.
Dear Mr. Speaker: I hereby resign my position as a member
of the Economic and Educational Opportunities Committee and
the International Relations Committee effective upon
ratification by the full House of my membership on the House
Commerce Committee.
I wish to thank Chairman Gilman, Ranking Member Hamilton,
Chairman Goodling,
[[Page 855]]
Ranking Member Clay and all the members of these committees
for the many courtesies extended to me during my service on
these two panels.
While I am honored to serve as the newest member of the
Commerce Committee, I look forward to also returning to my
assignment on the International Relations Committee where I
have been a member for more than seven years.
Thank you for your assistance with this matter.
Sincerely,
Eliot L. Engel,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.44.8 committee resignation--minority
The SPEAKER pro tempore, Mr. FUNDERBURK, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, April 22, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Capitol Building,
Washington, DC.
Dear Mr. Speaker: This letter serves as my formal
resignation from the House Committee on Small Business. This
resignation is effective as of the date of this letter.
Sincerely,
Bennie G. Thompson,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.44.9 committees election--minority
Mr. FAZIO, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 408):
Resolved, That the following named Members be, and, that
they are hereby, elected to the following standing committees
of the House of Representatives:
To the Committee on the Budget, Sander Levin of Michigan;
Bennie Thompson of Mississippi; to the Committee on Commerce,
Eliot Engel of New York; to the Committee on Small Business,
Jesse Jackson, Jr. of Illinois; Juanita Millender-McDonald of
California; to the Committee on Transportation and
Infrastructure, Juanita Millender-McDonald of California.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.44.10 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, bills of the House of the following titles:
On April 19, 1996:
H.R. 255. An Act to designate the Federal Justice Building
in Miami, Florida, as the ``James Lawrence King Federal
Justice Building'';
H.R. 869. An Act to designate the Federal building and
United States courthouse located at 125 Market Street in
Youngstown, Ohio, as the ``Thomas D. Lambros Federal Building
and United States Courthouse'';
H.R. 1804. An Act to designate the United States Post
Office-Courthouse located at South 6th and Rogers Avenue,
Fort Smith, Arkansas, as the ``Judge Isaac C. Parker Federal
Building'';
H.R. 2415. An Act to designate the United States Customs
Administrative Building at the Yeleta/Zaragosa Port of Entry
located at 797 South Zaragosa Road in El Paso, Texas, as the
``Timothy C. McCaghren Customs Administrative Building''; and
H.R. 2556. An Act to designate the Federal building located
at 345 Middlefield Road in Menlo Park, California, and known
as the Earth Sciences and Library Building, as the ``Vincent
E. McKelvey Federal Building.''
On April 22, 1996:
H.R. 3034. An Act to designate the Indian Self-
Determination and Education Assistance Act to extend for two
months the authority for promulgating regulations under the
act.
And then,
para.44.11 adjournment
On motion of Mr. GOSS, pursuant to the special order agreed to on
Thursday, April 18, 1996, at 2 o'clock and 15 minutes p.m., the House
adjourned until 12:30 p.m., on Tuesday, April 23, 1996.
para.44.12 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1772. A
bill to authorize the Secretary of the Interior to acquire
certain interests in the Waihee Marsh for inclusion in the
Oahu National Wildlife Refuge Complex; with an amendment
(Rept. No. 104-528). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1836. A
bill to authorize the Secretary of the Interior to acquire
property in the town of East Hampton, Suffolk County, NY, for
inclusion in the Amagansett National Wildlife Refuge (Rept.
No. 104-529). Referred to the Committee of the Whole House on
the State of the Union.
para.44.13 public bills and resolutions
Under clause 5 of rule X an clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BATEMAN (for himself and Mr. Taylor of
Mississippi) (both by request):
H.R. 3281. A bill to authorize appropriations for fiscal
year 1997 for certain maritime programs of the Department of
Transportation, and for other purposes; to the committee on
National Security.
H.R. 3282. A bill to authorize expenditures for fiscal year
1997 for the operation and maintenance of the Panama Canal,
and for other purposes; to the Committee on National
Security, and in addition to the Committee on Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. MORAN (for himself, Mrs. Morella, and Mr.
Davis):
H.R. 3283. A bill to require the Administrator of the
Environmental Protection Agency to issue a regulation that
consolidates all environmental laws administered by the
Agency and health and safety laws applicable to the
construction, maintenance, and operation of aboveground
storage tanks, and for other purposes; to the Committee on
Commerce, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. HYDE:
H.J. Res. 173. Joint resolution proposing an amendment to
the Constitution of the United States to protect the rights
of victims of crime; to the Committee on the Judiciary.
H.J. Res. 174. Joint resolution proposing an amendment to
the Constitution of the United States to protect the rights
of victims of crime; to the Committee on the Judiciary.
By Mr. FAZIO of California:
H. Res. 408. Resolution designating minority membership on
certain standing committees of the House; considered and
agreed to.
para.44.14 private bill
Under clause 1 of rule XXII,
Mr. LONGLEY introduced a bill (H.R. 3284) for the relief of
Nancy B. Wilson; which was referred to the Committee on the
Judiciary.
para.44.15 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 324: Mr. Meehan.
H.R. 447: Ms. DeLauro.
H.R. 835: Mr. Watts of Oklahoma, Ms. Roybal-Allard, Mr.
Thompson, and Mrs. Collins of Illinois.
H.R. 1023: Mr. Hastert, Mr. Schaefer, and Mr. Montgomery.
H.R. 2745: Mr. Payne of Virginia and Mr. Clement.
H.R. 2749: Mr. Ney and Mr. Bliley.
H.R. 2996: Mr. Torkildsen.
H.R. 3002: Mr. Latham.
H.R. 3107: Mr. Ward, Mr. Lewis of Georgia, Mr.
Frelinghuysen, Ms. Furse, Mr. McCrery, Mr. Reed, Mr. LaHood,
Mr. Campbell, Ms. Slaughter, Mr. Bentsen, and Mrs. Roukema.
H.R. 3139: Mr. Schumer, Mr. Towns, Ms. Molinari, Mrs.
Maloney, Mr. Rangel, Mr. Engel, Mr. McNulty, and Mr. Hinchey.
H.R. 3213: Mr. Walsh.
H.R. 3246: Mr. Torres, Mr. Stark, Mr. Franks of New Jersey,
and Mr. Rangel.
H.R. 3265: Mr. McHale, Ms. Ros-Lehtinen, Mr. Metcalf, and
Mr. Hinchey.
.
TUESDAY, APRIL 23, 1996 (45)
para.45.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. FUNDERBURK, who laid before the House the following
communication:
Washington, DC,
April 23, 1996.
I hereby designate the Honorable David Funderburk to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.45.2 recess-1:25 p.m.
The SPEAKER pro tempore, Mr. FUNDERBURK, pursuant to clause 12 of rule
I, declared the House in recess until 2:00 p.m.
[[Page 856]]
para.45.3 after recess-2:00 p.m.
The SPEAKER pro tempore, Mr. UPTON, called the House to order.
para.45.4 approval of the journal
The SPEAKER pro tempore, Mr. UPTON, announced he had examined and
approved the Journal of the proceedings of Monday, April 22, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.45.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2435. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to offer transfers by grant of
two vessels to the Government of Greece, pursuant to 10
U.S.C. 7307(b)(2); to the Committee on National Security.
2436. A letter from the Chief of Legislative Affairs,
Department of the Navy, transmitting notification that the
Department of the Navy intends to offer transfer by grant of
one vessel to the Government of Portugal, pursuant to 10
U.S.C. 7307(b)(2); to the Committee on National Security.
2437. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled the
``Maritime Administration Authorization Act for Fiscal Year
1997,'' pursuant to 31 U.S.C. 1110; to the Committee on
National Security.
2438. A letter from the Comptroller of the Currency,
transmitting the Department's final rule--Uniform Rules of
Practice and Procedure (RIN: 1557-AB43), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2439. A letter from the Secretary of Education,
transmitting notice of final schedule of arbitration fees and
expenses--Vending Facility Program for the Blind on Federal
and Other Property, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Economic and Educational Opportunities.
2440. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--Title I, Part C--Education of
Migratory Children (RIN: 1830-ZA03), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
2441. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of selection criteria,
selection procedures, and application procedures for
challenge grants for technology in education, pursuant to 5
U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
2442. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for Jacob K. Javits Gifted and Talented Students Education
Program, pursuant to 5 U.S.C. 801(a)(1)(B); to the Committee
on Economic and Educational Opportunities.
2443. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for Fund for the Improvement of Education Program, pursuant
to 5 U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
2444. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
2445. A letter from the Comptroller General of the United
States, transmitting the list of all reports issued or
released in March 1996, pursuant to 31 U.S.C. 719(h); to the
Committee on Government Reform and Oversight.
2446. A letter from the Executive Director, Advisory
Council on Historic Preservation, transmitting the annual
report under the Federal Managers' Financial Integrity Act
for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Reform and Oversight.
2447. A letter from the Chairman, National Capital Planning
Commission, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2448. A letter from the Chairman, National Capital Planning
Commission, transmitting the 1995 annual report in compliance
with the Inspector General Act Amendments of 1988, pursuant
to Public Law 100-504, section 104(a) (102 Stat. 2525); to
the Committee on Government Reform and Oversight.
2449. A letter from the Executive Director, Neighborhood
Reinvestment Corporation, transmitting a copy of the annual
report in compliance with the Government in the Sunshine Act
during the calendar year 1995, pursuant to 5 U.S.C. 552b(j);
to the Committee on Government Reform and Oversight.
2450. A letter from the President and CEO, U.S. Enrichment
Corporation, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2451. A letter from the Clerk, U.S. House of
Representatives, transmitting list of reports pursuant to
clause 2, rule III of the Rules of the House of
Representatives, pursuant to Rule III, clause 2, of the Rules
of the House (H. Doc. No. 104-199); to the Committee on House
Oversight and ordered to be printed.
2452. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Electronic Filing of International Air Passenger Service
Rules (RIN: 2105-AC23), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2453. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Medals of Honor (RIN: 2105-AC41), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2454. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
National Security Information (RIN: 2105-AC40), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2455. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--Use
of the Official Seal (RIN: 2105-AC39), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2456. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Staff Assignments and Review of Actions Under Assignments
(RIN: 2105-AC38), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2457. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Release of Internal Staff Memoranda Relating to Public
Meetings of the Civil Aeronautics Board (RIN: 2105-AC42),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2458. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Aviation Economic Rules: Correcting Obsolete References (RIN:
2105-AC46), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2459. A letter from the Chief, Regulations Unit, Department
of the Treasury, transmitting the Department's final rule--
Revenue Procedure 96-30, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
2460. A letter from the Secretary of Labor, transmitting
the Department's report to Congress on the number of training
waivers issued under section 231(c)(1) of the Trade Act of
1974 to workers determined eligible for trade readjustment
allowances [TRA], pursuant to section 231(c)(3) of the Trade
Act of 1974, as amended; to the Committee on Ways and Means.
2461. A letter from the Chairman, Defense Nuclear
Facilities Safety Board, transmitting the Board's sixth
annual report to Congress on health and safety activities;
jointly, to the Committees on National Security and Commerce.
2462. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office's 1995 annual consumer
report to Congress, pursuant to public Law 101-73, Section
301, (103 Stat. 279); jointly, to the Committees on Banking
and Financial Services and Commerce.
2463. A letter from the Physician Payment Review
Commission, transmitting the Commission's 1996 annual report,
pursuant to 42 U.S.C. 1395w-1(c)(1)(D); jointly, to the
Committees on Ways and Means and Commerce.
2464. A letter from the Assistant Secretary of the Army,
transmitting a draft of proposed legislation entitled the
``Water Resources Development Act of 1996''; jointly, to the
Committees on Transportation and Infrastructure, Resources,
Commerce, and Banking and Financial Services.
para.45.6 order of business--consideration of the veto message on h.r.
1561
On motion of Mr. GILMAN, by unanimous consent,
Ordered, That further consideration of the veto message on the bill
(H.R. 1561) to consolidate the foreign affairs agencies of the United
States; to authorize appropriations for the Department of State and
related agencies for fiscal years 1996 and 1997; to responsibly reduce
the authorizations of appropriations for United States foreign
assistance programs for fiscal years 1996 and 1997, and for other
purposes; be postponed until Tuesday, April 30, 1996.
para.45.7 corrections calendar
Pursuant to clause 4, rule XIII,
The SPEAKER pro tempore, Mr. UPTON, directed the Corrections Calendar
to be called.
When,
para.45.8 american indian and alaska native culture
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 3049) to amend
section 1505 of the Higher Education Act of 1965 to provide for the
continuity of the Board of Trustees of the Institute of American Indian
and Alaska Native Culture and Arts Development.
[[Page 857]]
When said bill was considered and read twice.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 4 of rule XIII,
recognized Mr. NORWOOD and Mr. KILDEE, each for 30 minutes.
After debate,
Pursuant to clause 4 of rule XIII, the previous question on the bill
was considered as ordered.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. UPTON, announced that three-fifths of the
Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
By unanimous consent, the title was amended so as to read: ``An Act to
amend section 1505 of the Higher Education Amendments of 1986 to provide
for the continuity of the Board of Trustees of the Institute of American
Indian and Alaska Native Culture and Arts Development.''.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.9 historically black schools grant program
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 3055) to amend
section 326 of the Higher Education Act of 1965 to permit continued
participation by Historically Black Graduate Professional Schools in the
grant program authorized by that section.
When said bill was considered and read twice.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 4 of rule XIII,
recognized Mr. NORWOOD and Mr. CLAY, each for 30 minutes.
After debate,
Pursuant to clause 4 of rule XIII, the previous question on the bill
was considered as ordered.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. UPTON, announced that three-fifths of the
Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.10 conferee resignation--h.r. 3019
The SPEAKER pro tempore, Mr. UPTON, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, April 23, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I hereby resign as a conferee for the
entire bill, H.R. 3019, the omnibus appropriations measure
for Fiscal 1996. I intend to remain a conferee for the Labor,
Health and Human Services, and Education portion of the bill.
Thanking you and with best regards, I am
Sincerely yours,
Steny H. Hoyer.
By unanimous consent, the resignation was accepted.
para.45.11 change of conferee--h.r. 3019
The SPEAKER pro tempore, Mr. UPTON, by unanimous consent, appointed
Mr. Stokes as a conferee on the primary panel on the part of the House
to the conference with the Senate on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 3019) making
appropriations for fiscal year 1996 to make a further downpayment toward
a balanced budget, and for other purposes, vice, Mr. Hoyer, resigned;
and reappointed Mr. Stokes as a conferee on the part of the House for
consideration of section 101(c) of the House bill and section 101(d) of
the Senate amendment and modifications committed to conference.
Ordered, That the Clerk notify the Senate thereof.
para.45.12 mercury-containing and rechargeable battery management
Mr. OXLEY moved to suspend the rules and pass the bill (H.R. 2024) to
phase out the use of mercury in batteries and provide for the efficient
and cost-effective collection and recycling or proper disposal of used
nickel cadmium batteries, small sealed lead-acid batteries, and certain
other batteries, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. OXLEY and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.13 order of business--debate time--h.r. 1965
On motion of Mr. SAXTON, by unanimous consent,
Ordered, That during consideration today of the bill (H.R. 1965) to
reauthorize the Coastal Zone Management Act of 1972, and for other
purposes, under suspension of the rules, debate shall be limited to 60
minutes, equally divided and controlled by the chairman and ranking
minority member of the Committee on Resources, or their designees.
para.45.14 coastal zone management
Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 1965) to
reauthorize the Coastal Zone Management Act of 1972; as amended.
The SPEAKER pro tempore, Mr. UPTON, pursuant to the foregoing order,
recognized Mr. SAXTON and Mr. MILLER of California, each for 30 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. SAXTON objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.45.15 cooperative fisheries management
Mr. TORKIDLSEN moved to suspend the rules and pass the bill (H.R.
2160) to authorize appropriations to carry out the Interjurisdictional
Fisheries Act of 1986 and the Anadromous Fish Conservation Act; as
amended.
The SPEAKER pro tempore, MR. UPTON, recognized Mr. TORKILDSEN and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. TORKILDSEN objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.45.16 waihee marsh inclusion
Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 1772) to
authorize the Secretary of the Interior to acquire certain interests in
the Waihee Marsh for inclusion in the Oahu National Wildlife Refuge
Complex; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. SAXTON and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
[[Page 858]]
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. SAXTON objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.45.17 amagansett wildlife refuge
Mr. LONGLEY moved to suspend the rules and pass the bill (H.R. 1836)
to authorize the Secretary of the Interior to acquire property in the
town of East Hampton, Suffolk County, New York, for inclusion in the
Amangansett National Wildlife Refuge.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. LONGLEY and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.18 tensas river refuge funding
Mr. JONES moved to suspend the rules and pass the bill (H.R. 2660) to
increase the amount authorized to be appropriated to the Department of
the Interior for the Tensas River National Wildlife Refuge; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. JONES and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.19 north platte refuge boundaries
Mr. METCALF moved to suspend the rules and pass the bill (H.R. 2679)
to revise the boundary of the North Platte National Wildlife Refuge.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. METCALF and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.20 prayer rally
Mr. GILCHREST moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 166) authorizing the use of the
Capitol Grounds for the Washington for Jesus 1996 prayer rally:
Whereas One Nation Under God, Inc. has sponsored two
previous prayer rallies entitled Washington for Jesus in the
city of Washington and plans a third such event over a two-
day period on April 29 and 30, 1996;
Whereas public assembly for giving thanks and praying for
the United States is a tradition in this Nation dating from
before the Nation's founding and commemorated each year by a
national Thanksgiving holiday; and
Whereas the Washington for Jesus prayer rally provides for
the peaceable assembly and public expression of peoples of
all faiths to pray and give thanks for the United States:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
SECTION. 1. USE OF CAPITOL GROUNDS FOR WASHINGTON FOR JESUS
1996 PRAYER RALLY.
(a) In General.--One Nation Under God, Inc. (in this
resolution referred to as the ``sponsor'') shall be permitted
to sponsor a public event (in this resolution referred to as
the ``event'') over a two-day period on April 29 and 30, 1996
(plus one day before and one day after the event to fully
accommodate for setup, takedown, and cleanup).
(b) Terms and Conditions.--The event shall be free of any
admission charge to the public and arranged so as not to
interfere with the needs of Congress, subject to conditions
to be prescribed by the Architect of the Capitol and the
Capitol Police Board. The sponsor shall assume full
responsibility for all expenses and liabilities incident to
all activities associated with the event.
(c) Structures and Equipment.--For the purposes of this
resolution, the sponsor is authorized to erect upon the
Capitol Grounds such stage, sound amplification devices, and
related structures and equipment as may be required to
conduct the event, subject to approval of the Architect of
the Capitol.
(d) Additional Arrangements.--The Architect of the Capitol
and the Capitol Police Board are authorized to make any such
additional arrangements as may be necessary to carry out the
event consistent with good order, public health, safety, and
protection of the Capitol and the Capitol Grounds.
SEC. 2. SPONSORSHIP OR ENDORSEMENT.
Nothing contained in this resolution shall be construed as
an endorsement of the sponsor or the event (or any related
activities or expressions, religious or otherwise). The
sponsor shall not represent either directly or indirectly
that this resolution or any activity carried out under this
resolution in any way constitutes approval or endorsement by
the United States Government, or any of its agencies, of any
activity or expression, religious or otherwise, of the
sponsor or the event.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GILCHREST and Mr.
OBERSTAR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.45.21 h.r. 1965--unfinished business
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 1965) to reauthorize the Coastal Zone Management
Act of 1972; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of those
present had voted in the affirmative.
Mr. LONGLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
407
When there appeared
<3-line {>
Nays
0
para.45.22 [Roll No. 127]
YEAS--407
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
[[Page 859]]
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--25
Allard
Barr
Bryant (TX)
Collins (IL)
Coyne
de la Garza
Doyle
English
Fattah
Flake
Foglietta
Ford
Goodling
Greenwood
Hastings (WA)
Hutchinson
Inglis
Jefferson
McDade
Menendez
Rush
Shuster
Thompson
Torricelli
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.23 h.r. 2160--unfinished business
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2160) to authorize appropriations to
carry out the Interjurisdictional Fisheries Act of 1986 and the
Anadromous Fish Conservation Act; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of those
present had voted in the affirmative.
Mr. LONGLEY demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
406
<3-line {>
affirmative
Nays
0
para.45.24 [Roll No. 128]
AYES--406
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
[[Page 860]]
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--26
Allard
Bryant (TX)
Buyer
Collins (IL)
Coyne
de la Garza
Doyle
Fattah
Flake
Foglietta
Foley
Ford
Goodling
Greenwood
Hutchinson
Inglis
Jefferson
McDade
Menendez
Rush
Shuster
Smith (MI)
Smith (WA)
Thompson
Torricelli
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.25 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.45.26 h.r. 1772--unfinished business
The SPEAKER pro tempore, Mr. UPTON, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 1772) to authorize the Secretary of
the Interior to acquire certain interests in the Waihee Marsh for
inclusion in the Oahu National Wildlife Refuge Complex; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of those
present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.45.27 providing for the consideration of h.r. 2715
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-532) the resolution (H. Res. 409) providing for consideration of the
bill (H.R. 2715) to amend chapter 35 of title 44, United States Code,
popularly known as the Paperwork Reduction Act, to minimize the burden
of Federal paperwork demands upon small businesses, educational and
nonprofit institutions, Federal contractors, State and local
governments, and other persons through the sponsorship and use of
alternative information technologies.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.45.28 providing for the consideration of h.r. 1675
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-533) the resolution (H. Res. 410) providing for consideration of the
bill (H.R. 1675) to amend the National Wildlife Refuge System
Administration Act of 1966 to improve the management of the National
Wildlife Refuge System, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.45.29 message from the president--national emergency with respect
to drug trafficking in columbia
The SPEAKER pro tempore, Mr. UPTON, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments concerning the
national emergency with respect to significant narcotics traffickers
centered in Colombia that was declared in Executive Order No. 12978 of
October 21, 1995. This report is submitted pursuant to section 401(c) of
the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of
the International Emergency Economic Powers Act (IEEPA), 50 U.S.C.
1703(c).
1. On October 21, 1995, I signed Executive Order No. 12978, ``Blocking
Assets and Prohibiting Transactions with Significant Narcotics
Traffickers'' (the ``Order'') (60 Fed. Reg. 54579, October 24, 1995).
The Order blocks all property subject to U.S. jurisdiction in which
there is any interest of four significant foreign narcotics traffickers
who are principals in the so-called Cali drug cartel centered in
Colombia. They are listed in the annex to the Order. In addition, the
Order blocks the property and interests in property of foreign persons
determined by the Secretary of the Treasury, in consultation with the
Attorney General and the Secretary of State, (a) to play a significant
role in international narcotics trafficking centered in Colombia or (b)
to materially assist in or provide financial or technological support
for, or goods or services in support of, the narcotics trafficking
activities of persons designated in or pursuant to the Order. In
addition the Order blocks all property and interests in property subject
to U.S. jurisdiction of persons determined by the Secretary of the
Treasury in consultation with the Attorney General and the Secretary of
State, to be owned or controlled by, or to act for or on behalf of,
persons designated in or pursuant to the Order (collectively ``Specially
Designated Narcotics Traffickers'' or ``SDNTs'').
The Order further prohibits any transaction or dealing by a United
States person or within the United States in property or interests in
property of SDNTs, and any transaction that evades or avoids, has the
purpose of evading or avoiding, or attempts to violate, the prohibitions
contained in the Order.
Designations of foreign persons blocked pursuant to the Order are
effective upon the date of determination by the Director of the
Department of the Treasury's Office of Foreign Assets Control (FAC)
acting under authority delegated by the Secretary of the Treasury.
Public notice of blocking is effective upon the date of filing with the
Federal Register, or upon prior actual notice.
2. On October 24, 1995, the Department of the Treasury issued a notice
containing 76 additional names of persons determined to meet the
criteria set forth in Executive Order No. 12978 (60 Fed. Reg. 54582-84,
October 24, 1995). A copy of the notice is attached to this report.
The Department of the Treasury issued another notice adding the names
of one additional entity and three additional individuals, as well as
expanded information regarding addresses and pseudonyms, to the List of
SDNTs on November 29, 1995 (60 Fed. Reg. 61288-89). A copy of this
notice is attached to this report.
3. On March 8, 1996, FAC published a notice in the Federal Register
adding the names of 138 additional individuals and 60 entities
designated pursuant to the Order, and revising information for 8
individuals on the list of blocked persons contained in the notices
published on November 29, 1995, and October 24, 1995 (61 Fed. Reg. 9523-
28). A copy of the notice is attached to this report. The FAC, in
coordination with the Attorney General and the Secretary of State, is
continuing to expand the list of Specially Designated Narcotics
Traffickers, including both organizations and individuals, as additional
information is developed.
4. On October 22, 1995, FAC disseminated details of this program to
the financial, securities, and international trade communities by both
electronic and conventional media. This information was updated on
November 29, 1995, and again on March 5, 1996. In addition to bulletins
to banking institutions via the Federal Reserve System and the Clearing
House Inter-bank Payments System (CHIPS), individual notices were
provided to all State and Federal regulatory agencies, automated
clearing houses, and State and independent banking associations across
the country. The FAC contacted all major securities industry
associations and regulators, posted electronic notices to 10 computer
bulletin boards and 2 fax-on-demand services, and provided the same
material to the U.S. Embassy in Bogota for distribution to U.S.
companies operating in Colombia.
[[Page 861]]
5. There were no funds specifically appropriated to implement this
program. The expenses incurred by the Federal Government in the 6-month
period from October 21, 1995, through April 20, 1996, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the national emergency with respect to Significant
Narcotics Traffickers are estimated at approximately $500,000 from
previously appropriated funds. Personnel costs were largely centered in
the Department of the Treasury (particularly in the Office of Foreign
Assets Control, the Office of the General Counsel, and the U.S. Customs
Service), the Department of Justice, and the Department of State.
6. Executive Order No. 12978 provides this Administration with a new
tool for combating the actions of significant foreign narcotics
traffickers centered in Colombia, and the unparalleled violence,
corruption, and harm that they cause in the United States and abroad.
The Order is designed to deny these traffickers the benefit of any
assetts subject to the jurisdiction of the United States and to prevent
United States persons from engaging in any commercial dealings with
them, their front companies, and their agents. Executive Order No.
12978 demonstrates the U.S. commitment to end the scourge that such
traffickers have wrought upon society in the United States and beyond.
The magnitude and the dimension of the problem in Colombia--perhaps
the most pivotal country of all in terms of the world's cocaine trade--
is extremely grave. I shall continue to exercise the powers at my
disposal to apply economic sanctions against significant foreign
narcotics traffickers and their violent and corrupting activities as
long as these measures are appropriate, and will continue to report
periodically to the Congress on significant developments pursuant to 50
U.S.C. 1703(c).
William J. Clinton.
The White House, April 23, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-200).
para.45.30 providing for the consideration of h.j. res. 175
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-534) the resolution (H. Res. 411) providing for consideration of
the joint resolution (H.J. Res 175) making further continuing
appropriations for the fiscal year 1996, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.45.31 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. UNDERWOOD for today and balance of the week;
To Mrs. COLLINS of Illinois, for today; and
To Mr. FIELDS of Texas, for April 17.
And then,
para.45.32 adjournment
On motion of Mr. KINGSTON, at 10 o'clock and 45 minutes p.m., the
House adjourned.
para.45.33 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BLILEY: Committee on Commerce. H.R. 2024. A bill to
phase out the use of mercury in batteries and provide for the
efficient and cost-effective collection and recycling or
proper disposal of used nickel cadmium batteries, small
sealed lead-acid batteries, and certain other batteries, and
for other purposes; with an amendment (Rept. No. 104-530).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1823. A
bill to amend the Central Utah Project Completion Act to
direct the Secretary of the Interior to allow for prepayment
of repayment contracts between the United States and the
Central Utah Water Conservancy District dated December 28,
1965, and November 26, 1985, and for other purposes; with an
amendment (Rept. No. 104-531). Referred to the Committee of
the Whole House on the State of the Union.
Mr. LINDER: Committee on Rules. House Resolution 409.
Resolution providing for consideration of the bill (H.R.
2715) to amend chapter 35 of title 44, United States Code,
popularly known as the Paperwork Reduction Act, to minimize
the burden of Federal paperwork demands upon small
businesses, educational and nonprofit institutions, Federal
contractors, State and local governments, and other persons
through the sponsorship and use of alternative information
technologies (Rept. No. 104-532). Referred to the House
Calendar.
Mr. GOSS: Committee on Rules. House Resolution 410.
Resolution providing for consideration of the bill (H.R.
1675) to amend the National Wildlife Refuge System
Administration Act of 1966 to improve the management of the
National Wildlife Refuge System, and for other purposes
(Rept. No. 104-533). Referred to the House Calendar.
Mr. DREIER: Committee on Rules. House Resolution 411.
Resolution providing for consideration of the joint
resolution (H.J. Res. 175) making further continuing
appropriations for the fiscal year 1996, and for other
purposes (Rept. No. 104-534). Referred to the House Calendar.
para.45.34 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MONTGOMERY:
H.R. 3285. A bill to amend title 38, United States Code, to
restore the authority of the Secretary of Veterans Affairs to
establish research corporations at medical centers in the
Veterans Health Administration; to the Committee on Veterans'
Affairs.
By Ms. MOLINARI (for herself, Mr. Archer, Mr. Bunning
of Kentucky, Ms. Pryce, Mr. Solomon, Mr. Tiahrt, and
Mr. Shaw):
H.R. 3286. A bill to help families defray adoption costs,
and to promote the adoption of minority children; to the
Committee on Ways and Means for a period ending not later
than May 3, 1996, and in addition to the Committees on
Resources and Economic and Educational Opportunities for a
period ending not later than April 30, 1996, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BARRETT of Nebraska:
H.R. 3287. A bill to direct the Secretary of the Interior
to convey the Crawford National Fish Hatchery to the city of
Crawford, NE; to the Committee on Resources.
By Mr. BROWDER:
H.R. 3288. A bill to direct that funds appropriated to the
Department of Defense for fiscal year 1996 for certain
medical research relating to illnesses suffered by veterans
who served in the Persian Gulf war shall be obligated in
accordance with peer review procedures of the Food and Drug
Administration; to the Committee on National Security.
H.R. 3289. A bill to grant jurisdiction to the States over
new gambling activities conducted on Indian lands; to the
Committee on Resources.
By Mr. COOLEY (for himself, Mr. Young of Alaska, Mr.
Hansen, and Mr. Regula):
H.R. 3290. A bill to authorize appropriations for the
Bureau of Land Management for each of the fiscal years 1997
through 2002; to the Committee on Resources.
By Ms. DUNN of Washington:
H.R. 3291. A bill to require the President to submit a
separately identified appropriation request to provide
priority funding for the national parks of the United States,
and for other purposes; to the Committee on Government Reform
and Oversight.
By Mr. HINCHEY (for himself, Mr. Filner, Mr. DeFazio,
and Mr. Dellums):
H.R. 3292. A bill to amend title XVIII of the Social
Security Act to provide for coverage of qualified
acupuncturist services under part B of the Medicare Program,
and to amend title 5, United States Code, to provide for
coverage of such services under the Federal Employees Health
Benefits Program; to the Committee on Commerce, and in
addition to the Committees on Ways and Means, and Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mrs. LOWEY:
H.R. 3293. A bill to amend title XIV of the Public Health
Service Act (commonly known as the Safe Drinking Water Act)
to establish a screening program for estrogenic substances;
to the Committee on Commerce.
By Mr. MORAN (for himself, Mr. Kennedy of
Massachusetts, Mr. Frazer, Mr. Green of Texas, Ms.
Norton, Mr. Stupak, Mr. Bryant of Texas, Mr. Wilson,
Mr. Lipinski, Mr. Rangel, Ms. Kaptur, Mr. Sanders,
and Ms. McKinney):
H.R. 3294. A bill to amend the Foreign Assistance Act of
1961 to withhold U.S. assistance from countries determined to
be violating the human rights of working children, and for
other purposes; to the Committee on International Relations.
By Mrs. MORELLA:
H.R. 3295. A bill to amend title 5, United States Code, to
extend the treatment currently afforded to Federal judges
under the Federal Employees Group Life Insurance Program to
certain other judicial officials, and for other purposes; to
the Committee on the Judiciary, and in addition to the
Committee on Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NETHERCUTT (for himself, Mr. Calvert, Ms.
Lofgren, Mr. Weller, Ms. Dunn of Washington, Mr.
Bereuter, and Mr. Skeen):
[[Page 862]]
H.R. 3296. A bill to amend the Family and Medical Leave Act
of 1993 to apply the same employer requirements to all
persons; to the Committee on Economic and Educational
Opportunities, and in addition to the Committee on Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. OBERSTAR:
H.R. 3297. A bill to provide for improved access to and use
of the Boundary Waters Canoe Area Wilderness, and for other
purposes; to the Committee on Resources.
H.R. 3298. A bill to provide for the establishment of the
Voyageurs National Park Intergovernmental Council, and for
other purposes; to the Committee on Resources.
By Mr. ROMERO-BARCELO (for himself and Mr. Underwood):
H.R. 3299. A bill to amend the Federal Water Pollution
Control Act to allow certain States, including the
territories of the United States, to apply for waivers from
secondary treatment requirements for certain ocean
discharges, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. SMITH of New Jersey (for himself, Mr. Bartlett
of Maryland, and Mr. Dornan):
H.R. 3300. A bill to amend title 10, United States Code, to
prohibit the Department of Defense from selling, renting, or
otherwise providing sexually explicit material to any
individual; to the Committee on National Security.
By Ms. WATERS:
H.R. 3301. A bill to amend the Community Reinvestment Act
of 1977 to require consideration of a depository
institution's record with regard to the number and amount of
fees imposed by the institution on consumer accounts and
consumer transactions, and for other purposes; to the
Committee on Banking and Financial Services.
H.R. 3302. A bill to amend the Federal Deposit Insurance
Act to provide additional deposit insurance coverage for
accounts at depository institutions which reduce net fee
income in any year by 50 percent or more, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. WELDON of Pennsylvania (for himself and Mr.
Kennedy of Rhode Island):
H.R. 3303. A bill to establish a national oceanographic
partnership program to promote the national goals of assuring
national security, advancing economic development, protecting
quality of life, and strengthening science education through
oceanographic research and development; to the Committee on
Resources, and in addition to the Committees on National
Security, and Science, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. WELDON of Florida:
H.R. 3304. A bill to amend the Water Resources Development
Act of 1986 and the Internal Revenue Code of 1986 to
authorize expenditures from the harbor maintenance trust fund
for certain beach erosion projects; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. LIVINGSTON:
H.J. Res. 175. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes; to the Committee on Appropriations, and in addition
to the Committees on Banking and Financial Services, and the
Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
para.45.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 72: Mr. Gibbons.
H.R. 206: Mr. Farr.
H.R. 448: Mr. English of Pennsylvania.
H.R. 449: Mr. English of Pennsylvania.
H.R. 940: Mr. Hall of Ohio.
H.R. 973: Mr. Hayes.
H.R. 1202: Mr. Dornan.
H.R. 1210: Mr. DeFazio and Mr. Mascara.
H.R. 1500: Mr. Fawell.
H.R. 1627: Mr. Campbell.
H.R. 1692: Mr. Fox.
H.R. 1693: Mr. Fox.
H.R. 1694: Mr. Fox.
H.R. 1695: Mr. Fox.
H.R. 1713: Mr. Ney.
H.R. 1776: Mr. Foglietta, Mr. Condit, Ms. DeLauro, Mr.
Torricelli, Mr. McCrery, and Mr. Ehrlich.
H.R. 1889: Mr. Campbell, Ms. Woolsey, and Mrs. Lowey.
H.R. 1893: Mr. Engligh of Pennsylvania.
H.R. 2011: Mr. Ramstad and Mr. Jackson.
H.R. 2024: Mr. Weller.
H.R. 2026: Mr. Cardin, Mr. Manton, Mr. Brewster, Mrs.
Lowey, Mr. Oberstar, Ms. Furse, Mr. Ballenger, Mr. Herger,
Mr. Gibbons, and Mr. Moakley.
H.R. 2128: Mr. Sam Johnson and Mr. Bliley.
H.R. 2193: Mr. Coleman, Mr. McKeon, Mr. Dellums, Mr. Ortiz,
and Mr. Combest.
H.R. 2270: Mr. Calvert.
H.R. 2342: Mr. Rohrabacher.
H.R. 2548: Mr. Montgomery, Mr. Orton, Mr. Manzullo, and Mr.
Frelinghuysen.
H.R. 2651: Ms. Waters, Mr. Ensign, and Mr. Jackson.
H.R. 2724: Mr. Oberstar, Mr. Holden, Mr. Yates, Mr. Markey,
and Mr. Brown of Ohio.
H.R. 2725: Mr. Oberstar, Mr. Holden, Mr. Yates, Mr. Markey,
and Mr. Brown of Ohio.
H.R. 2795: Mr. English of Pennsylvania.
H.R. 2796: Mr. Green of Texas and Mr. Gordon.
H.R. 2803: Mr. Hamilton.
H.R. 2807: Mr. Manton, Mr. Frazer, and Mr. Gilman.
H.R. 2820: Mrs. Fowler and Mr. English of Pennsylvania.
H.R. 2910: Mr. Lipinski and Ms. Norton.
H.R. 2933: Mr. Johnson of South Dakota.
H.R. 2968: Mr. Baker of Louisiana.
H.R. 2978: Mr. Fazio of California.
H.R. 3059: Mr. Borski and Mr. Engel.
H.R. 3067: Mr. Brown of California, Mr. Deutsch, and Mr.
Bereuter.
H.R. 3119: Mr. Ney
H.R. 3142: Mr. Thornberry, Mr. Collins of Georgia, Mr.
Young of Alaska, Mr. Gilman, Mr. Herger, Mr. Everett, and Mr.
Pastor.
H.R. 3149: Mr. Camp.
H.R. 3195: Mr. Inglis of South Carolina, Mr. Calvert, Mr.
Clyburn, and Mr. Spratt.
H.R. 3226: Mrs. Morella.
H.R. 3246: Ms. DeLauro.
H.R. 3261: Ms. Furse and Mr. Orton.
H.R. 3267: Mrs. Kelly, Mr. Traficant, Mr. Nadler, Mr.
Boehlert, and Mr. Coble.
H.J. Res. 127: Mr. Allard.
H. Con. Res. 10: Mr. Johnson of South Dakota.
H. Con. Res. 47: Mr. Obey, Mr. Johnson of South Dakota, Mr.
Bryant of Texas, and Ms. DeLauro.
H. Con. Res. 50: Mr. Emerson.
H. Con. Res. 154: Mr. Lazio of New York, Mr. Kennedy of
Rhode Island, Mr. Gonzalez, Mr. Lewis of California, Mr.
Jackson, Mr. Ballenger, Mr. Tate, Mrs. Fowler, Mr. Kildee,
Mr. Stupak, Mr. Bilirakis, Mr. Andrews, Mr. Zeliff, Mr. Lewis
of Georgia, Mr. Blute, Mr. Barton of Texas, Mr. Taylor of
North Carolina, Mr. Moran, Mrs. Myrick, Mr. Orton, Ms.
Kaptur, Mr. Hastings of Florida, Mr. Hyde, Mr. Kennedy of
Massachusetts, Mr. Dellums, Mr. Payne of New Jersey, Ms.
Woolsey, Mr. DeFazio, Mr. Franks of New Jersey, and Ms.
DeLauro.
H. Res. 49: Mr. Waxman and Mr. Bereuter.
.
WEDNESDAY, APRIL 24, 1996 (46)
para.46.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
RADANOVICH, who laid before the House the following communication:
Washington, DC,
April 24, 1996.
I hereby designate the Honorable George P. Radanovich to
act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.46.2 approval of the journal
The SPEAKER pro tempore, Mr. RADANOVICH, announced he had examined and
approved the Journal of the proceedings of Tuesday, April 23, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.46.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2465. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Grading and Inspection, General Specification for Approved
Plants and Standards for Grades of Dairy Products; United
States Standards for Nonfat Dry Milk (DA-93-03 FR), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
2466. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Olives Grown in California and Imported Olives; Establishment
of Limited Use Olive Grade and Size Requirements During the
1995-96 Crop Year (FV-95-932-1), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2467. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Hazelnuts Grown in Oregon and Washington; Order Further
Amending Marketing Order (FV-94-982-1 FR), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
2468. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Milk in the Central Arizona Marketing Area; Suspension (DA-
96-03 FR), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
2469. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Limes and Avocados Grown in Florida; Suspension of Certain
Volume Regulations and Reporting Requirements (FV-95-911-2
IFR), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2470. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Winter Pears Grown in Oregon, Washington, and
[[Page 863]]
California Order Amending the Order (FV-92-065), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
2471. A letter from the Acting Under Secretary for Food
Safety, Food Safety and Inspection Service, transmitting the
Service's final rule--Use of Sodium Citrate Buffered with
Citric Acid in Certain Cured and Uncured Processed Meat and
Poultry Products (RIN: 0583-AB97), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2472. A letter from the Administrator, Grain Inspection,
Packers and Stockyards Administration, transmitting the
Administration's final rule--U.S. Standards for Barley (RIN:
0580-AA14), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
2473. A letter from the Comptroller General of the United
States, transmitting his review of the President's second,
third, and fourth special impoundment message for fiscal year
1996, pursuant to 2 U.S.C. 685 (H. Doc. No. 104-205); to the
Committee on Appropriations and ordered to be printed.
2474. A letter from the Director, Administration and
Management, Department of Defense, transmitting a letter
relative to a cost comprison study of cleaning services
performed at the Pentagon; to the Committee on National
Security.
2475. A letter from the Legislative and Regulatory
Activities Division, Comptroller of the Currency,
Administrator of National Banks, transmitting the
Department's final rule--International Banking Activities
(RIN: 1557-AB26), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
2476. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Uniform Rules of Practice and Procedure (RIN: 1550-AA79),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
2477. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office's 1996 compensation
plan, pursuant to Public Law 101-73, section 1206 (103 Stat.
523); to the Committee on Banking and Financial Services.
2478. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
cooperative program for extended air defense (Transmittal No.
08-96), pursuant to 22 U.S.C. 2767(f); to the Committee on
International Relations.
2479. A letter from the Senior Deputy Assistant
Administrator, Agency for International Development,
transmitting the Agency's report entitled ``Report on
Economic Conditions in Egypt 1994-95,'' pursuant to 22 U.S.C.
2346 note; to the Committee on International Relations.
2480. A letter from the Acting Administrator, Agency for
International Development, transmitting a quarterly update
report on development assistance program allocations as of
April 19, 1996, pursuant to 22 U.S.C. 2413(a); to the
Committee on International Relations.
2481. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-248,
``Judgement Lien on Property Amendment Act of 1996,''
pursuant to D.C. Code, Section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
2482. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-249,
``Closing of a Public Alley in Square 484, S.O. 90-272,
Covenant Filing Extension Temporary Act of 1996,'' pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and oversight.
2483. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-253,
``Washington Metropolitan Area Transit Regulation Compact
Amendment Act of 1996,'' pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
2484. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-255,
``Closing of a Portion of T Street, S.W., S.O., 92-56, Act of
1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2485. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-256,
``Closing of a Public Alley in Square 672, S.O., 89-105, Act
of 1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2486. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final comprehensive management plan,
environmental impact statement and record of decision for the
City of Rocks National Reserve, pursuant to Public Law 100-
696, section 202(b) (102 Stat. 4574); to the Committee on
Resources.
2487. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
Rules of Civil Procedure that have been adopted by the Court,
pursuant to 28 U.S.C. 2072 (H. Doc. No. 104-201); to the
Committee on the Judiciary and ordered to be printed.
2488. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
Rules of Criminal Procedure that have been adopted by the
Court, pursuant to 28 U.S.C. 2072 (H. Doc. No. 104-202); to
the Committee on the Judiciary and ordered to be printed.
2489. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
Rules of Appellate Procedure that have been adopted by the
Court, pursuant to 28 U.S.C. 2072 (H. Doc. No. 104-203); to
the Committee on the Judiciary and ordered to be printed.
2490. A letter from the Chief Justice, the Supreme Court of
the United States, transmitting amendments to the Federal
Rules of Bankruptcy Procedure that have been adopted by the
Court, pursuant to 28 U.S.C. 2075 (H. Doc. No. 104-204); to
the Committee on the Judiciary and ordered to be printed.
2491. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zones: Elizabeth River and York River, VA (RIN: 2115-
AA97), pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee
on Transportation and Infrastructure.
2492. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulation; Little Potato Slough (RIN:
2115-AE47), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2493. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations; San Leondro Bay, CA (RIN:
2115-AE47), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2494. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Vessel Rebuilt Determinations (RIN: 2115-AE85), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2495. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: City of Lake Worth, FL (RIN: 2115-
AE46), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2496. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; River Race Augusta, GA (RIN: 2115-
AE46), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2497. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F25 Mark 0100 Series
Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2498. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F27 Mark 050 and Model
F28 Mark 0100 Series Airplanes (RIN: 2120-AA64), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2499. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Constructiones Aeronauticas, S.A.
(CASA), Model C-212-CB, -CC, -CD, -CE, and -CF Series
Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2500. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Hamilton Standard Model 14RF-9
Propellers (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2501. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9 Series
Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2502. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McCauley Accessory Division, The
Cessna Aircraft Co. Model C35, C72, C75, C80, C86, C87, C92,
and C93 Series Propellers (RIN: 2120-AA64), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2503. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(RIN: 2120-AA64), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2504. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A320-111 Series
Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2505. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9, DC-9-
8, and MD-90-30 Series Airplanes, Model MD-88 Airplanes, and
C-9 (Military) Series Airplanes (RIN: 2120-AA64), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2506. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Flight Trails Helicopters, Inc.,
Hardpoint Assemblies Installed on McDonnell Douglas
Helicopter Systems Model 369D, 369E, 369F, 369FF, and 500N
Helicopters (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2507. A letter from the General Counsel, Department of
Transportation, transmitting
[[Page 864]]
the Department's final rule--Airworthiness Directives; Bell
Helicopter Textron, Inc., Model 214ST Helicopters (RIN: 2120-
AA64), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2508. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 747-100, 747-200, and
747-300 Series Airplanes (RIN: 2120-AA64), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2509. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (RIN: 2120-AA65), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2510. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Dornier Model 328-100 Series
Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2511. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Eurocopter Deutschland Gmbh (ECD)
Model BO-105, BO-105A, BO-105C, BO-105S, and BO-105LS A-1
Helicopters (RIN: 2120-AA64) pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2512. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Equal Employment Opportunity on Federal and Federal-Aid
Construction Contracts (Including Supportive Services);
Report Requirements (RIN: 2125-AB15), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2513. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (RIN: 2120-AA65), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2514. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Lockheed Model L-1011-385 Series
Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2515. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 747-400, 757, and 767
Series Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2516. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
General Material Requirements; Warranty Clauses (RIN: 2125-
AD61), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2517. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Design Standards for Highways; Geometric Design of Highways
and Streets (RIN: 2125-AD38), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2518. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (RIN: 2120-AS65), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2519. A letter from the Secretary of Health and Human
Services, transmitting the Department's report on Federal
agency drug-free workplace plans, pursuant to Public Law 100-
71, section 503 (a)(1)(A) (101 Stat. 468); jointly, to the
Committees on Government Reform and Oversight and
Appropriations.
para.46.4 committees to sit
On motion of Mr. GOSS, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Agriculture, the Committee on Banking
and Financial Services, the Committee on Commerce, the Committee on
Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on National Security, the
Committee on Resources, the Committee on Science, the Committee on
Transportation and Infrastructure, and the Committee on Veterans'
Affairs.
para.46.5 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed bills of the following titles in
which the concurrence of the House is requested:
S. Con. Res. 54. Concurrent resolution to correct the
enrollment of the bill S. 735, to prevent and punish acts of
terrorism, and for other purposes; and
S. Con. Res. 55. Concurrent resolution to correct the
enrollment of the bill S. 735, to prevent and punish acts of
terrorism, and for other purposes.
para.46.6 providing for the consideration of h.j. res. 175
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 411):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the joint
resolution (H.J. Res. 175) making further continuing
appropriations for the fiscal year 1996, and for other
purposes, modified by striking title II of the joint
resolution. The joint resolution as modified shall be
debatable for one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations. The previous question shall be considered as
ordered on the joint resolution as modified to final passage
without intervening motion except one motion to recommit. The
motion to recommit may include instructions only if offered
by the minority leader or his designee.
When said resolution was considered.
After debate,
On motion of Mr. DREIER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.46.7 correct enrollment--s. 735
On motion of Mr. LUCAS, by unanimous consent, the Committee on the
Judiciary was discharged from further consideration of the following
concurrent resolution of the Senate (S. Con. Res. 55):
Resolved by the Senate (the House of Representatives
concurring), That the Secretary of the Senate, in the
enrollment of the bill (S. 735) shall make the following
corrections:
(a) In the table of contents of the bill, strike the item
relating to section 431 and redesignate the items relating to
sections 432 through 444 as relating to sections 431 through
443 respectively.
(b) Strike section 1605(g) of title 28, United States Code,
proposed to be added by section 221 of the bill, and insert
the following:
``(g) Limitation on Discovery.--
``(1) In general.--(A) Subject to paragraph (2), if an
action is filed that would otherwise be barred by section
1604, but for subsection (a)(7), the court, upon request of
the Attorney General, shall stay any request, demand, or
order for discovery on the United States that the Attorney
General certifies would significantly interfere with a
criminal investigation or prosecution, or a national security
operation, related to the incident that gave rise to the
cause of action, until such time as the Attorney General
advises the court that such request, demand, or order will no
longer so interfere.
``(B) A stay under this paragraph shall be in effect during
the 12-month period beginning on the date on which the court
issues the order to stay discovery. The court shall renew the
order to stay discovery for additional 12-month periods upon
motion by the United States if the Attorney General certifies
that discovery would significantly interfere with a criminal
investigation or prosecution, or a national security
operation, related to the incident that gave rise to the
cause of action.
``(2) Sunset.--(A) Subject to subparagraph (B), no stay
shall be granted or continued in effect under paragraph (1)
after the date that is 10 years after the date on which the
incident that gave rise to the cause of action occurred.
``(B) After the period referred to in subparagraph (A), the
court, upon request of the Attorney General, may stay any
request, demand, or order for discovery on the United States
that the court finds a substantial likelihood would--
``(i) create a serious threat of death or serious bodily
injury to any person;
``(ii) adversely affect the ability of the United States to
work in cooperation with foreign and international law
enforcement agencies in investigating violations of United
States law; or
``(iii) obstruct the criminal case related to the incident
that gave rise to the cause of action or undermine the
potential for a conviction in such case.
``(3) Evaluation of evidence.--The court's evaluation of
any requst for a stay under this subsection filed by the
Attorney General shall be conducted ex parte and in camera.
``(4) Bar on motions to dismiss.--A Stay of discovery under
this subsection shall constitute a bar to the granting of a
motion to dismiss under rules 12(b)(6) and 56 of the Federal
Rules of Civil Procedure.
``(5) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective orders or
asserting privileges ordinarily available to the United
States.''.
(c) In section 620G(a), proposed to be inserted after
section 620F of the foreign Assistance Act of 1961, by
section 325 of the bill, strike ``may'' and insert ``shall''.
(d) In section 620H(a), proposed to be inserted after
section 620G of the Foreign Assistance Act of 1961, by
section 326 of the bill--
[[Page 865]]
(1) strike ``may'' and insert ``shall'';
(2) strike ``shall be provided''; and
(3) insert ``section'' before ``6(j)''.
(e) In section 219, proposed to be inserted in title II of
the Immigration and Nationality Act, by section 302 of the
bill--
(1) in subsection (a)(1), insert ``foreign'' before
``terrorist organization'';
(2) in subsection (a)(2)(A)(i), strike ``an'' before
``organization under'' and insert ``a foreign'';
(3) in subsection (a)(2)(C), insert ``foreign'' before
``organization''; and
(4) in subsection (a)(4)(B), insert ``foreign'' before
``terrorist organization''.
(f) In section 2339B(g), proposed to be added at the end of
chapter 113B of tile 18, United States Code, by section 303
of the bill, strike paragraph (5) and redesignate paragraphs
(6) and (7) as paragraphs (5) and (6), respectively.
(g) In section 2332d(a), proposed to be added to chapter
113B of title 18, United States Code, by section 321(a) of
the bill--
(1) strike ``by the Secretary of State'' and insert ``by
the Secretary of the Treasury'';
(2) strike ``with the Secretary of the Treasury'' and
insert ``with the Secretary of State''; and
(3) add the words ``the government of'' after ``engaged in
a financial transaction with''.
(h) At the end of section 321 of the bill, add the
following:
``(c) Effective Date.--The amendments made by this section
shall become effective 120 days after the date of enactment
of this Act.''.
(i) In sections 414(b) and 422(c) of the bill, strike
``90'' and insert ``180''.
(j) In section 40A(b), proposed to be added to chapter 3 of
the Arms Export Control Act, by section 330 of the bill
strike ``essential'' and insert ``important''.
(k) In section 40A(b), proposed to be added to chapter 3 of
the Arms Export Control Act, by section 330 of the bill,
strike ``security''.
(l) Strike section 431 of the bill and redesignate sections
432 through 444 as sections 431 through 443, respectively.
(m) In section 511(c) of the bill, strike ``amended--'' and
all that follows through ``(2)'' and insert ``amended''.
(n) In section 801 of the bill, strike ``subject to the
concurrence of'' and insert ``in consultation with''.
(o) In section 443, by striking subsection (d) in its
entirety and inserting:
``(d) Effective Date.--The amendments made by this section
shall become effective no later than 60 days after the
publication by the Attorney General of implementing
regulations that shall be published on or before January 1,
1997.''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.46.8 further continuing appropriations, fy 1996
Mr. LIVINGSTON, pursuant to House Resolution 411, called up the joint
resolution (H.J. Res. 129) making further continuing appropriations for
fiscal year 1996, and for other purposes.
When said joint resolution was read twice.
Pursuant to House Resolution 411, the joint resolution was modified by
striking title II.
When said joint resolution, as modified, was considered.
After debate,
Pursuant to House Resolution 411, the previous question was ordered on
said joint resolution, as modified.
The joint resolution, as modified, was ordered to be engrossed and
read a third time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. RADANOVICH, announced that the yeas had
it.
Mr. OBEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
400
<3-line {>
affirmative
Nays
14
para.46.9 [Roll No. 129]
YEAS--400
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--14
Barton
Becerra
Clyburn
Coble
Gibbons
Hastings (FL)
Hyde
McHale
Owens
Scarborough
Stearns
Thurman
Velazquez
Williams
NOT VOTING--18
Allard
Berman
Bryant (TX)
Coyne
Fazio
Foglietta
Johnston
Laughlin
McDade
Menendez
Oxley
Parker
Riggs
Schaefer
Schroeder
Towns
Vento
Wilson
So the joint resolution was passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.46.10 clerk to correct engrossment
On motion of Mr. PACKARD, by unanimous consent,
Ordered, That in the engrossment of the foregoing joint resolution the
Clerk
[[Page 866]]
be directed to make the following technical change:
Strike the matter designating title I and section 101 and
insert in lieu thereof ``That''.
para.46.11 providing for the consideration of h.r. 2715
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 409):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2715) to amend chapter 35 of title 44, United
States Code, popularly known as the Paperwork Reduction Act,
to minimize the burden of Federal paperwork demands upon
small businesses, educational and nonprofit institutions,
Federal contractors, State and local governments, and other
persons through the sponsorship and use of alternative
information technologies. The first reading of the bill shall
be dispensed with. General debate shall be confined to the
bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Small Business. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Small Business now printed in the bill. Each section of the
committee amendment in the nature of a substitute shall be
considered as read. During consideration of the bill for
amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an amendment has caused it to be printed in
the portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.46.12 paperwork elimination
The SPEAKER pro tempore, Mr. REGULA, pursuant to House Resolution 409
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2715) to amend chapter 35 of title 44, United States Code,
popularly known as the Paperwork Reduction Act, to minimize the burden
of Federal paperwork demands upon small businesses, educational and
nonprofit institutions, Federal contractors, State and local
governments, and other persons through the sponsorship and use of
alternative information technologies.
The SPEAKER pro tempore, Mr. REGULA, by unanimous consent, designated
Mr. TAYLOR of North Carolina as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. BURTON assumed the Chair; and after some time
spent therein,
The SPEAKER pro tempore, Mr. BURTON, assumed the Chair.
When Mr. TAYLOR of North Carolina, Chairman, pursuant to House
Resolution 409, reported the bill back to the House with an amendment
adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Elimination Act of
1996''.
SEC. 2. PURPOSES.
The purpose of this Act is to--
(1) minimize the burden of Federal paperwork demands upon
small businesses, educational and nonprofit institutions,
Federal contractors, State and local governments, and other
persons through the sponsorship and use of alternative
information technologies, including the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper; and
(2) more effectively enable Federal agencies to achieve the
purposes of chapter 35 of title 44, United States Code,
popularly known as the ``Paperwork Reduction Act''.
SEC. 3. AUTHORITY AND FUNCTIONS OF THE DIRECTOR OF THE OFFICE
OF MANAGEMENT AND BUDGET.
(a) Direction and Oversight of Information Technology.--
Section 3504(a)(1)(B)(vi) of title 44, United States Code, is
amended to read as follows:
``(vi) the acquisition and use of information technology,
including the use of alternative information technologies,
such as the use of electronic submission, maintenance, or
disclosure of information to substitute for paper.''.
(b) Promotion of Use of Electronic Information
Technology.--Section 3504(h) of title 44, United States Code,
is amended by striking ``and'' after the semicolon at the end
of paragraph (4), by striking the period at the end of
paragraph (5) and inserting ``; and'', and by adding at the
end the following:
``(6) specifically promote the optional use of electronic
maintenance, submission, or disclosure of information where
appropriate, as an alternative information technology to
substitute for paper.''.
SEC. 4. ASSIGNMENT OF TASKS AND DEADLINES.
Section 3505(a)(3) of title 44, United States Code, is
amended by striking ``and'' after the semicolon at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``; and'', and by adding at
the end the following:
``(D) a description of progress in providing for the use of
electronic submission, maintenance, or disclosure of
information to substitute for paper, including the extent to
which such progress accomplishes reduction of burden on small
businesses or other persons.''.
SEC. 5. FEDERAL AGENCY RESPONSIBILITIES.
(a) Providing for Use of Electronic Information
Management.--Section 3506(c)(1)(B) of title 44, United States
Code, is amended by striking ``and'' after the semicolon at
the end of clause (ii) and by adding at the end the
following:
``(iv) provides for the optional use, where appropriate, of
electronic maintenance, submission, or disclosure of
information; and''.
(b) Promotion of Electronic Information Management.--
Section 3506(c)(3)(C) of title 44, United States Code, is
amended by striking ``or'' after the semicolon at the end of
clause (ii), by adding ``or'' after the semicolon at the end
of clause (iii), and by adding at the end the following:
``(iv) the promotion and optional use, where appropriate,
of electronic maintenance, submission, or disclosure of
information.''.
(c) Use of Alternative Information Technologies.--Section
3506(c)(3)(J) of title 44, United States Code, is amended to
read as follows:
``(J) to the maximum extent practicable, uses alternative
information technologies, including the use of electronic
maintenance, submission, or disclosure of information, to
reduce burden and improve data quality, agency efficiency and
responsiveness to the public.''.
SEC. 6. PUBLIC INFORMATION COLLECTION ACTIVITIES; SUBMISSION
TO DIRECTOR; APPROVAL AND DELEGATION.
Section 3507(a)(1)(D)(ii) of title 44, United States Code,
is amended by striking ``and'' after the semicolon at the end
of subclause (V), by adding ``and'' after the semicolon at
the end of subclause (VI), and by adding at the end the
following:
``(VII) a description of how respondents may, if
appropriate, electronically maintain, submit, or disclose
information under the collection of information.''.
SEC. 7. RESPONSIVENESS TO CONGRESS.
Section 3514(a)(2) of title 44, United States Code, is
amended by striking ``and'' after the semicolon at the end of
subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting ``; and'', and by adding at
the end the following:
``(E) reduced the collection of information burden on small
businesses and other persons through the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper maintenance, submission, or disclosure
of information, including--
``(i) a description of instances where such substitution
has added to burden; and
``(ii) specific identification of such instances relating
to the Internal Revenue Service.''.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect October 1, 1997.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
Mr. TORKILDSEN objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 867]]
Yeas
418
When there appeared
<3-line {>
Nays
0
para.46.13 [Roll No. 130]
YEAS--418
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--14
Dicks
Fields (TX)
Foglietta
Hastings (FL)
Houghton
Kasich
Laughlin
Livingston
McDade
Menendez
Parker
Schroeder
Whitfield
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.46.14 providing for the consideration of h.r. 1675
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 410):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 1675) to amend the National Wildlife Refuge
System Administration Act of 1966 to improve the management
of the National Wildlife Refuge System, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Resources. After general debate the bill shall be considered
for amendment under the five-minute rule. In lieu of the
amendment recommended by the Committee on Resources now
printed in the bill, it shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
printed in the Congressional Record on April 16, 1996 and
numbered 1 pursuant to clause 6 of rule XXIII. Each section
of that amendment in the nature of a substitute shall be
considered as read. Points of order against that amendment in
the nature of a substitute for failure to comply with clause
7 of rule XVI are waived. During consideration of the bill
for amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an amendment has caused it to be printed in
the portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the amendment in the nature of a
substitute made in order as original text. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.46.15 recess--1:47 p.m.
The SPEAKER pro tempore, Mr. BURTON, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 47 minutes p.m., until
2:30 p.m.
para.46.16 after recess--2:30 p.m.
The SPEAKER pro tempore, Mr. McCRERY, called the House to order.
para.46.17 national wildlife refuge improvement
The SPEAKER pro tempore, Mr. McCRERY, pursuant to House Resolution 410
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 1675) to amend the National Wildlife Refuge System Administration
Act of 1966 to improve the management of the National Wildlife Refuge
System, and for other purposes.
The SPEAKER pro tempore, Mr. McCRERY, by unanimous consent, designated
Mr. GILLMOR as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. PETRI, assumed the Chair.
When Mr. GILLMOR, Chairman, pursuant to House Resolution 410, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
[[Page 868]]
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National
Wildlife Refuge Improvement Act of 1996''.
(b) References.--Whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be
considered to be made to a section or provision of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd et seq.).
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds the following:
(1) The National Wildlife Refuge System is comprised of
over 91,000,000 acres of Federal lands that have been
incorporated within 508 individual units located in all 50
States and our territories.
(2) The System was created to conserve fish, wildlife, and
other habitats and this conservation mission has been
facilitated by providing Americans opportunities to
participate in wildlife-dependent recreation, including
fishing and hunting, on System lands and to better appreciate
the value of and need for fish and wildlife conservation.
(3) The System is comprised of lands purchased not only
through the use of tax dollars but also through the sale of
Duck Stamps and refuge entrance fees. It is a System paid for
by those utilizing it.
(4) On March 25, 1996, the President issued Executive Order
12996 which recognized ``wildlife-dependent recreational
activities involving hunting, fishing, wildlife observation
and photography, and environmental education and
interpretation as priority general public uses of the Refuge
System''.
(5) Executive Order 12996 is a positive step in the right
direction and will serve as the foundation for the permanent
statutory changes made by this Act.
SEC. 3. DEFINITIONS.
(a) In General.--Section 5 (16 U.S.C. 668ee)--
(1) is redesignated as section 4; and
(2) as so redesignated is amended to read as follows:
``SEC. 4. DEFINITIONS.
``For purposes of this Act:
``(1) The term `compatible use' means a use that will not
materially interfere with or detract from the fulfillment of
the purposes of a refuge or the overall mission and purposes
of the System specified in sections 4(a)(2) and (3),
respectively, as determined by sound resource management, and
based on reliable scientific information.
``(2) The terms `conserving', `conservation', `manage',
`managing', and `management', when used with respect to fish
and wildlife, mean to use, in accordance with applicable
Federal and State laws, methods and procedures associated
with modern scientific resource programs including
protection, research, census, law enforcement, habitat
management, propagation, live trapping and transplantation,
and regulated taking.
``(3) The term `Coordination Area' means a wildlife
management area that is acquired by the Federal Government
and subsequently made available to a State--
``(A) by cooperative agreement between the United States
Fish and Wildlife Service and the State fish and game agency
pursuant to the Fish and Wildlife Coordination Act (16 U.S.C.
661-666c); or
``(B) by long-term leases or agreements pursuant to the
Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010
et seq.).
``(4) The term `Director' means the Director of the United
States Fish and Wildlife Service.
``(5) The terms `fish', `wildlife', and `fish and wildlife'
mean any wild member of the animal kingdom whether alive or
dead, and regardless of whether the member was bred, hatched,
or born in captivity, including a part, product, egg, or
offspring of the member.
``(6) The term `hunt' and `hunting' do not include any
taking of the American alligator (Alligator mississippiensis)
or its eggs.
``(7) The term `person' means any individual, partnership,
corporation or association.
``(8) The term `plant' means any member of the plant
kingdom in a wild, unconfined state, including any plant
community, seed, root, or other part of a plant.
``(9) The terms `purposes of the refuge' and `purposes of
each refuge' mean the purposes specified in or derived from
the law, proclamation, executive order, agreement, public
land order, donation document, or administrative memorandum
establishing, authorizing, or expanding a refuge, refuge
unit, or refuge subunit.
``(10) The term `refuge' means a designated area of land,
water, or an interest in land or water within the System, but
does not include navigational servitudes, or Coordination
Areas.
``(11) The term `Secretary' means the Secretary of the
Interior.
``(12) The terms `State' and `United States' mean the
several States of the United States, Puerto Rico, American
Samoa, the Virgin Islands, Guam, and the insular possessions
of the United States.
``(13) The term `System' means the National Wildlife Refuge
System designated under section 4(a)(1).
``(14) The terms `take', `taking', or `taken' mean to
pursue, hunt, shoot, capture, collect, or kill, or to attempt
to pursue, hunt, shoot, capture, collect, or kill.''.
(b) Conforming Amendment.--Section 4 (16 U.S.C. 668dd) is
amended by striking ``Secretary of the Interior'' each place
it appears and inserting ``Secretary''.
SEC. 4. MISSION AND PURPOSES OF THE SYSTEM.
Section 4(a) (16 U.S.C. 668dd(a)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(2) in clause (i) of paragraph (6) (as so redesignated), by
striking ``paragraph (2)'' and inserting ``paragraph (5)'';
and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The overall mission of the System is to conserve and
manage fish, wildlife, and plants and their habitats within
the System for the benefit of present and future generations
of the people of the United States.
``(3) The purposes of the System are--
``(A) to provide a national network of lands and waters
designed to conserve and manage fish, wildlife, and plants
and their habitats;
``(B) to conserve, manage, and where appropriate restore
fish and wildlife populations, plant communities, and refuge
habitats within the System;
``(C) to conserve and manage migratory birds, anadromous or
interjurisdictional fish species, and marine mammals within
the System;
``(D) to provide opportunities for compatible uses of
refuges consisting of fish- and wildlife-dependent
recreation, including fishing and hunting, wildlife
observation, and environmental education;
``(E) to preserve, restore, and recover fish, wildlife, and
plants within the System that are listed or are candidates
for threatened species or endangered species under section 4
of the Endangered Species Act of 1973 (16 U.S.C. 1533) and
the habitats on which these species depend; and
``(F) to fulfill as appropriate international treaty
obligations of the United States with respect to fish,
wildlife, and plants, and their habitats.''.
SEC. 5. ADMINISTRATION OF THE SYSTEM.
(a) Administration, Generally.--Section 4(a) (16 U.S.C.
668dd(a)) (as amended by section 3 of this Act) is further
amended by inserting after new paragraph (3) the following
new paragraph:
``(4) In administering the System, the Secretary shall--
``(A) ensure that the mission and purposes of the System
described in paragraphs (2) and (3), respectively, and the
purposes of each refuge are carried out, except that if a
conflict exists between the purposes of a refuge and any
purpose of the System, the conflict shall be resolved in a
manner that first protects the purposes of the refuge, and,
to the extent practicable, that also achieves the purposes of
the System;
``(B) provide for conservation of fish and wildlife and
their habitats within the System;
``(C) ensure effective coordination, interaction, and
cooperation with owners of land adjoining refuges and the
fish and wildlife agency of the States in which the units of
the System are located;
``(D) assist in the maintenance of adequate water quantity
and water quality to fulfill the purposes of the System and
the purposes of each refuge;
``(E) acquire under State law through purchase, exchange,
or donation water rights that are needed for refuge purposes;
``(F) plan, propose, and direct appropriate expansion of
the System in the manner that is best designed to accomplish
the purposes of the System and the purposes of each refuge
and to complement efforts of States and other Federal
agencies to conserve fish and wildlife and their habitats;
``(G) recognize compatible uses of refuges consisting of
wildlife-dependent recreational activities involving hunting,
fishing, wildlife observation and photography, and
environmental education and interpretation as priority
general public uses of the System through which the American
public can develop an appreciation for fish and wildlife;
``(H) provide expanded opportunities for these priority
public uses within the System when they are compatible and
consistent with sound principles of fish and wildlife
management;
``(I) ensure that such priority public uses receive
enhanced attention in planning and management within the
System;
``(J) provide increased opportunities for families to
experience wildlife-dependent recreation, particularly
opportunities for parents and their children to safely engage
in traditional outdoor activities, such as fishing and
hunting;
``(K) ensure that the biological integrity and
environmental health of the System is maintained for the
benefit of present and future generations of Americans;
``(L) continue, consistent with existing laws and
interagency agreements, authorized or permitted uses of units
of the System by other Federal agencies, including those
necessary to facilitate military preparedness;
``(M) plan and direct the continued growth of the System in
a manner that is best designed to accomplish the mission of
the System, to contribute to the conservation of the
ecosystems of the United States, and to increase support for
the System and participation from conservation partners and
the public;
``(N) ensure timely and effective cooperation and
collaboration with Federal agencies and State fish and
wildlife agencies during the course of acquiring and managing
refuges;
``(O) ensure appropriate public involvement opportunities
will be provided in conjunction with refuge planning and
management activities; and
[[Page 869]]
``(P) identify, prior to acquisition, existing wildlife-
dependent compatible uses of new refuge lands that shall be
permitted to continue on an interim basis pending completion
of comprehensive planning.''.
(b) Powers.--Section 4(b) (16 U.S.C. 668dd(b)) is amended--
(1) in the matter preceding paragraph (1) by striking
``authorized--'' and inserting ``authorized to take the
following actions:'';
(2) in paragraph (1) by striking ``to enter'' and inserting
``Enter'';
(3) in paragraph (2)--
(A) by striking ``to accept'' and inserting ``Accept''; and
(B) by striking ``, and'' and inserting a period;
(4) in paragraph (3) by striking ``to acquire'' and
inserting ``Acquire''; and
(5) by adding at the end the following new paragraph:
``(4) Subject to standards established by and the overall
management oversight of the Director, and consistent with
standards established by this Act, enter into cooperative
agreements with State fish and wildlife agencies and other
entities for the management of programs on, or parts of, a
refuge.''.
SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.
Section 4(d) (16 U.S.C. 668dd(d)) is amended by adding at
the end the following new paragraph:
``(3)(A)(i) Except as provided in clause (ii), on and after
the date that is 3 years after the date of the enactment of
the National Wildlife Refuge Improvement Act of 1996, the
Secretary shall not initiate or permit a new use of a refuge
or expand, renew, or extend an existing use of a refuge,
unless the Secretary has determined that the use is a
compatible use.
``(ii) On lands added to the System after the date of the
enactment of the National Wildlife Refuge Improvement Act of
1996, any existing fish or wildlife-dependent use of a
refuge, including fishing, hunting, wildlife observation, and
environmental education, shall be permitted to continue on an
interim basis unless the Secretary determines that the use is
not a compatible use.
``(iii) The Secretary shall permit fishing and hunting on a
refuge if the Secretary determines that the activities are
consistent with the principles of sound fish and wildlife
management, are compatible uses (consistent with the purposes
of the System under subsection (a)(3)), and are consistent
with public safety. No other determinations or findings,
except the determination of consistency with State laws and
regulations provided for in subsection (m), are required to
be made for fishing and hunting to occur. The Secretary may
make the determination referred to in this paragraph for a
refuge concurrently with the development of a conservation
plan for the refuge under subsection (e).
``(iv) A new use of a Coordination Area first made
available to a State after the date of enactment of the
National Wildlife Refuge Improvement Act of 1996 may not be
initiated or permitted unless the Secretary determines that
the use is a compatible use.
``(B) Not later than 24 months after the date of the
enactment of the National Wildlife Refuge Improvement Act of
1996, the Secretary shall issue final regulations
establishing the process for determining under subparagraph
(A) whether a use of a refuge is a compatible use, that--
``(i) designate the refuge officer responsible for making
initial compatibility determinations;
``(ii) require an estimate of the timeframe, location,
manner, and purpose of each use;
``(iii) identify the effects of each use on refuge
resources and purposes of each refuge;
``(iv) require that compatibility determinations be made in
writing and consider the best professional judgment of the
refuge officer designated under clause (i);
``(v) provide for the expedited consideration of uses that
will likely have no detrimental effect on the fulfillment of
the purposes of a refuge or the purposes of the System
specified in subsection (a)(3);
``(vi) provide for the elimination or modification of any
use as expeditiously as practicable after a determination is
made that the use is not a compatible use;
``(vii) require, after an opportunity for public comment,
reevaluation of each existing use, other than those uses
specified in clause (viii), when conditions under which the
use is permitted change significantly or when there is
significant new information regarding the effects of the use,
but not less frequently than once every 10 years, to ensure
that the use remains a compatible use;
``(viii) require after an opportunity for public comment
reevaluation of each fish and wildlife-dependent recreational
use when conditions under which the use is permitted change
significantly or when there is significant new information
regarding the effects of the use, but not less frequently
than in conjunction with each preparation or revision of a
conservation plan under subsection (e) or at least every 15
years;
``(ix) provide an opportunity for public review and comment
on each evaluation of a use, unless an opportunity for public
review and comment on the evaluation of the use has already
been provided during the development or revision of a
conservation plan for the refuge under subsection (e) or has
otherwise been provided during routine, periodic
determinations of compatibility for fish- and wildlife-
dependent recreational uses; and
``(x) provide that when managed in accordance with
principles of sound fish and wildlife management, fishing,
hunting, wildlife observation, and environmental education in
a refuge are generally compatible uses.
``(4) The provisions of this Act relating to determinations
of the compatibility of a use shall not apply to--
``(A) overflights above a refuge; and
``(B) activities authorized, funded, or conducted by a
Federal agency (other than the United States Fish and
Wildlife Service) which has primary jurisdiction over the
refuge or a portion of the refuge, if the management of those
activities is in accordance with a memorandum of
understanding between the Secretary or the Director and the
head of the Federal agency with primary jurisdiction over the
refuge governing the use of the refuge.
``(5) Overflights above a refuge may be governed by any
memorandum of understanding entered into by the Secretary
that applies to the refuge.''.
SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM.
(a) In General.--Section 4 (16 U.S.C. 668dd) is amended--
(1) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e)(1)(A) Except with respect to refuge lands in Alaska
(which shall be governed by the refuge planning provisions of
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.)), the Secretary shall--
``(i) propose a comprehensive conservation plan for each
refuge or related complex of refuges (referred to in this
subsection as a `planning unit') in the System;
``(ii) publish a notice of opportunity for public comment
in the Federal Register on each proposed conservation plan;
``(iii) issue a final conservation plan for each planning
unit consistent with the provisions of this Act and, to the
extent practicable, consistent with fish and wildlife
conservation plans of the State in which the refuge is
located; and
``(iv) not less frequently than 15 years after the date of
issuance of a conservation plan under clause (iii) and every
15 years thereafter, revise the conservation plan as may be
necessary.
``(B) The Secretary shall prepare a comprehensive
conservation plan under this subsection for each refuge
within 15 years after the date of enactment of the National
Wildlife Refuge Improvement Act of 1996.
``(C) The Secretary shall manage each refuge or planning
unit under plans in effect on the date of enactment of the
National Wildlife Refuge Improvement Act of 1996, to the
extent such plans are consistent with this Act, until such
plans are revised or superseded by new comprehensive
conservation plans issued under this subsection.
``(D) Uses or activities consistent with this Act may occur
on any refuge or planning unit before existing plans are
revised or new comprehensive conservation plans are issued
under this subsection.
``(E) Upon completion of a comprehensive conservation plan
under this subsection for a refuge or planning unit, the
Secretary shall manage the refuge or planning unit in a
manner consistent with the plan and shall revise the plan at
any time if the Secretary determines that conditions that
affect the refuge or planning unit have changed
significantly.
``(2) In developing each comprehensive conservation plan
under this subsection for a planning unit, the Secretary,
acting through the Director, shall identify and describe--
``(A) the purposes of each refuge comprising the planning
unit and the purposes of the System applicable to those
refuges;
``(B) the distribution, migration patterns, and abundance
of fish, wildlife, and plant populations and related habitats
within the planning unit;
``(C) the archaeological and cultural values of the
planning unit;
``(D) such areas within the planning unit that are suitable
for use as administrative sites or visitor facilities;
``(E) significant problems that may adversely affect the
populations and habitats of fish, wildlife, and plants within
the planning unit and the actions necessary to correct or
mitigate such problems; and
``(F) the opportunities for fish- and wildlife-dependent
recreation, including fishing and hunting, wildlife
observation, environmental education, interpretation of the
resources and values of the planning unit, and other uses
that may contribute to refuge management.
``(3) In preparing each comprehensive conservation plan
under this subsection, and any revision to such a plan, the
Secretary, acting through the Director, shall, to the maximum
extent practicable and consistent with this Act--
``(A) consult with adjoining Federal, State, local, and
private landowners and affected State conservation agencies;
and
``(B) coordinate the development of the conservation plan
or revision of the plan with relevant State conservation
plans for fish and wildlife and their habitats.
``(4)(A) In accordance with subparagraph (B), the Secretary
shall develop and implement a process to ensure an
opportunity for active public involvement in the preparation
and revision of comprehensive conservation plans under this
subsection. At a minimum, the Secretary shall require that
publication of any final plan shall include a summary of the
comments made by States, adjacent or potentially affected
landowners, local governments, and any other affected
parties, to
[[Page 870]]
gether with a statement of the disposition of concerns
expressed in those comments.
``(B) Prior to the adoption of each comprehensive
conservation plan under this subsection, the Secretary shall
issue public notice of the draft proposed plan, make copies
of the plan available at the affected field and regional
offices of the United States Fish and Wildlife Service, and
provide opportunity for public comment.''.
SEC. 8. EMERGENCY POWER; PRESIDENTIAL EXEMPTION; STATE
AUTHORITY; WATER RIGHTS; COORDINATION.
(a) In General.--Section 4 (16 U.S.C. 668dd) is further
amended by adding at the end the following new subsections:
``(k) Notwithstanding any other provision of this Act the
Secretary may temporarily suspend, allow, or initiate any
activity in a refuge in the System in the event of any
emergency that constitutes an imminent danger to the health
and safety of the public or any fish or wildlife population,
including any activity to control or eradicate sea lampreys,
zebra mussels, or any other aquatic nuisance species (as that
term is defined in section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4702)).
``(l)(1) The President may exempt from any provision of
this Act any activity conducted by the Department of Defense
on a refuge within the System if the President finds that--
``(A) the activity is in the paramount interest of the
United States for reasons of national security; and
``(B) there is no feasible and prudent alternative location
on public lands for the activity.
``(2) After the President authorizes an exemption under
paragraph (1), the Secretary of Defense shall undertake, with
the concurrence of the Secretary of the Interior, appropriate
steps to mitigate the effect of the exempted activity on the
refuge.
``(m) Nothing in this Act shall be construed to authorize
the Secretary to control or regulate hunting or fishing of
fish and resident wildlife on lands or waters not within the
System.
``(n) Nothing in this Act shall be construed as affecting
the authority, jurisdiction, or responsibility of the several
States to manage, control, or regulate fish and resident
wildlife under State law or regulations in any area within
the System. Regulations permitting hunting or fishing of fish
and resident wildlife within the System shall be, to the
extent practicable, consistent with State fish and wildlife
laws, regulations, or management plans.
``(o)(1) Nothing in this Act shall--
``(A) create a reserved water right, express or implied, in
the United States for any purpose;
``(B) affect any water right in existence on the date of
enactment of the National Wildlife Refuge Improvement Act of
1996; or
``(C) affect any Federal or State law in existence on the
date of the enactment of the National Wildlife Refuge
Improvement Act of 1996 regarding water quality or water
quantity.
``(2) Nothing in this Act shall diminish or affect the
ability to join the United States in the adjudication of
rights to the use of water pursuant to the McCarran Act (43
U.S.C. 666).
``(p) Coordination with State fish and wildlife agency
personnel or with personnel of other affected State agencies
pursuant to this Act shall not be subject to the Federal
Advisory Committee Act.
``(q) Nothing in this Act shall be construed as requiring
or prohibiting fishing or hunting on any particular refuge
except pursuant to a determination by the Secretary in
accordance with this Act.''.
(b) Conforming Amendment.--Section 4(c) (16 U.S.C.
668dd(c)) is amended by striking the last sentence.
SEC. 9. STATUTORY CONSTRUCTION.
Nothing in this Act is intended to affect--
(1) the provisions for subsistence uses in Alaska set forth
in the Alaska National Interest Lands Conservation Act
(Public Law 96-487), including those in titles III and VIII
of that Act;
(2) the provisions of section 102 of the Alaska National
Interest Lands Conservation Act, the jurisdiction over
subsistence uses in Alaska, or any assertion of subsistence
uses in the Federal courts; and
(3) the manner in which section 810 of the Alaska National
Interest Lands Conservation Act is implemented in refuges in
Alaska, and the determination of compatible use as it relates
to subsistence uses in these refuges.
SEC. 10. NEW REFUGES.
Nothwithstanding any other provision of law, no funds may
be expended from the Land and Water Conservation Fund
established by Public Law 88-578, for the creation of a new
refuge having a total area greater than 500 acres or the
expansion of a new refuge of any acreage that would result in
the new refuge having a total of more than 500 acres within
the National Wildlife Refuge System without specific
authorization of Congress pursuant to a recommendation of the
United States Fish and Wildlife Service, to create or expand
that new refuge. For purposes of this section, a new refuge
is a refuge created after the date of enactment of this Act.
SEC. 11. REORGANIZATIONAL TECHNICAL AMENDMENTS.
(a) Reorganizational Amendments.--The Act of October 15,
1966 (16 U.S.C. 668dd et seq.) is amended--
(1) by adding before section 4 the following new section:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Wildlife Refuge
System Administration Act of 1966'.'';
(2) by striking sections 6, 7, 8, 9, and 10; and
(3) in section 4 (16 U.S.C. 668dd), as in effect
immediately before the enactment of this Act--
(A) by redesignating that section as section 2;
(B) by striking ``Sec. 4.''; and
(C) by inserting before and immediately above the text of
the section the following new heading:
``SEC. 4. NATIONAL WILDLIFE REFUGE SYSTEM.''.
(b) Conforming Amendment.--Section 12(f) of the Act of
December 5, 1969 (83 Stat. 283) is repealed.
(c) References.--Any reference in any law, regulation, or
other document of the United States to section 4 of the
National Wildlife Refuge System Administration Act of 1966 is
deemed to refer to section 2 of that Act, as redesignated by
subsection (a)(4) of this section.
SEC. 12. AUTHORITY OF SECRETARY OF THE INTERIOR TO ACCEPT
STATE DONATIONS OF STATE EMPLOYEE SERVICES
DURING GOVERNMENT BUDGETARY SHUTDOWN.
After section 2 of the Act, as redesignated by section
11(a)(3) of this Act, add the following new section:
``SEC. 3. AUTHORITY OF SECRETARY OF THE INTERIOR TO ACCEPT
STATE DONATIONS OF STATE EMPLOYEE SERVICES
DURING GOVERNMENT BUDGETARY SHUTDOWN.
``(a) In General.--The Secretary shall accept from any
qualified State donations of services of State employees to
perform in a refuge, in a period of Government budgetary
shutdown, fish- and wildlife-dependent recreation management
functions otherwise authorized to be performed by Department
of Interior personnel.
``(b) Limitations.--An employee of a State may perform
functions under this section only--
``(1) within areas of a refuge that are located in the
State; and
``(2) in accordance with an agreement entered into by the
Secretary and the Governor of the State under subsection (c).
``(c) Agreements.--
``(1) In general.--For purposes of this section, the
Secretary may enter into an agreement in accordance with this
subsection with the Governor of any State in which is located
any part of a refuge.
``(2) Terms conditions.--An agreement under this subsection
shall--
``(A) contain provisions to ensure resource and visitor
protection acceptable under the standards of the United
States Fish and Wildlife Service;
``(B) require that each individual performing functions
under the agreement shall have--
``(i) adequate safety training;
``(ii) knowledge of the terrain in which the individual
will perform those functions; and
``(iii) knowledge of and adherence to Federal regulations
relating to those functions; and
``(C) specify other terms and conditions under which a
State employee may perform such functions.
``(d) Exclusion from Treatment as Federal Employees.--A
State employee who performs functions under this section
shall not be treated as a Federal employee for purposes of
any Federal law relating to pay or benefits for Federal
employees.
``(e) Anti-Deficiency Act Not Applicable.--Section 1341(a)
of title 31, United States Code, shall not apply with respect
to the acceptance of services of, and the performance of
functions by, State employees under this section.
``(f) Definitions.--In this section--
``(1) the term `Government budgetary shutdown' means a
period during which there are no amounts available for the
operation of the System, because of--
``(A) a failure to enact an annual appropriations bill for
the period for the Department of the Interior; and
``(B) a failure to enact a bill (or joint resolution)
continuing the availability of appropriations for the
Department of the Interior for a temporary period pending the
enactment of such an annual appropriations bill; and
``(2) the term `qualified State' means a State that has
entered into an agreement with the Secretary in accordance
with subsection (c).''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. PETRI, announced that the yeas had it.
Mr. YOUNG of Alaska, objected to the vote on the ground that a quorum
was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 871]]
Yeas
287
When there appeared
<3-line {>
Nays
138
para.46.18 [Roll No. 131]
YEAS--287
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flake
Flanagan
Foley
Fowler
Fox
Franks (CT)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Martinez
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--138
Abercrombie
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gibbons
Gilman
Gonzalez
Gutierrez
Hall (OH)
Hastings (FL)
Hinchey
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Maloney
Markey
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Morella
Nadler
Neal
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Smith (NJ)
Stark
Stokes
Studds
Thompson
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
White
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--7
Ackerman
Foglietta
Hansen
McDade
Parker
Schroeder
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.46.19 clerk to correct engrossment
On motion of Mr. YOUNG of Alaska, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized to make such technical and conforming changes as may be
necessary to reflect the actions of the House.
para.46.20 waiving clause 4(b) of rule xi with respect to certain
resolutions
Mr. McINNIS, by direction of the Committee on Rules, reported (Rept.
No. 104-535) the resolution (H. Res. 412) waiving a requirement of
clause 4(b) of rule XI with respect to consideration of certain
resolutions reported from the Committee on Rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.46.21 further message from the senate
A further message from the Senate by Mr. Lundergan, one of its clerks,
announced that the Senate had passed without amendment a joint
resolution of the House of the following title:
H.J. Res. 175. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.46.22 senate enrolled bill signed
The SPEAKER pro tempore, Mr. PETRI, announced that pursuant to clause
4, rule I, the Speaker signed the following enrolled bill earlier today:
S. 735. An Act to deter terrorism, provide justice for
victims, provide for an effective death penalty, and for
other purposes.
para.46.23 enrolled joint resolution signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a joint resolution of
the House of the following title, which was thereupon signed by the
Speaker:
H.J. Res. 175. Joint resolution making further continuing
appropriations for the fiscal year 1966, and for other
purposes.
para.46.24 leave of absence
By unanimous consent, leave of absence was granted to Mr. MENENDEZ,
for April 23 and 24.
And then,
para.46.25 adjournment
On motion of Mr. OWENS, at 10 o'clock and 9 minutes p.m., the House
adjourned.
para.46.26 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. McINNIS: Committee on Rules. House Resolution 412.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of certain resolutions reported
from the Committee on Rules (Rept. No. 104-535). Referred to
the House Calendar.
Mr. BLILEY: Committee on Commerce. H.R. 2967. A bill to
extend the authorization of the Uranium Mill Tailings
Radiation Control Act of 1978, and for other purposes; with
an amendment (Rept. No. 104-536). Referred to the Committee
of the Whole House on the State of the Union.
para.46.27 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HEFLEY:
H.R. 3305. A bill to recognize the heritage of certain
areas of the United States, and for other purposes; to the
Committee on Resources.
By Mr. GEKAS:
H.R. 3306. A bill to amend the Internal Revenue Code of
1986 to provide that the compensation of certain election
officials and election workers which is exempt from Social
Security taxes shall also be exempt from income taxes, and
for other purposes; to the Committee on Ways and Means.
By Mr. GEKAS (for himself, Mr. Moorhead, Mr.
Sensenbrenner, Mr. Coble, Mr. Smith of Texas, Mr.
Inglis of South Carolina, Mr. Hoke, Mr. Bono, Mr.
Bryant of Tennessee, Mr. Barr, Mr. Talent, Mr.
Tauzin, and Mr. Zeliff):
[[Page 872]]
H.R. 3307. A bill to amend title 5, United States Code, to
provide for a limitation on sanctions imposed by agencies and
for other purposes; to the Committee on the Judiciary.
By Mr. LONGLEY (for himself, Mr. Armey, Mr. DeLay, Mr.
Cox, Mr. Spence, Mr. Gilman, Mr. Buyer, Mr.
Chambliss, Mr. Cunningham, Mr. Dornan, Mr. Everett,
Mr. Hansen, Mr. Hefley, Mr. Herger, Mr. Hilleary, Mr.
Hoke, Mr. Hostettler, Mr. Hunter, Mr. Jones, Mr. Kim,
Mr. McKeon, Mr. Metcalf, Mr. Radanovich, Mr. Saxton,
Mr. Talent, Mr. Thornberry, Mr. Tiahrt, Mr.
Torkildsen, Mr. Watts of Oklahoma, and Mr. Weldon of
Pennsylvania):
H.R. 3308. A bill to amend title 10, United States Code, to
limit the placement of U.S. forces under U.N. operational or
tactical control, and for other purposes; to the Committee on
National Security, and in addition to the Committee on
International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BATEMAN:
H.R. 3309. A bill to authorize the establishment of a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. DICKEY:
H.R. 3310. A bill to amend title 5, United States Code, to
deny Federal retirement annuities to Members of Congress
convicted of any felony, and for other purposes; to the
Committee on House Oversight.
By Mr. EVANS:
H.R. 3311. A bill to amend title 5, United States Code, to
provide that civilian employees of the National Guard may not
be required to wear military uniforms while performing
civilian service; to the Committee on Government Reform and
Oversight, and in addition to the Committee on National
Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. HARMAN:
H.R. 3312. A bill to expand the authority of the Department
of Defense to donate unusable food; to the Committee on
National Security.
By Mr. MORAN (for himself, Mr. Payne of Virginia, Mr.
Scott, Mr. Boucher, Mr. Pickett, Mr. Williams, Mr.
Martinez, Ms. Pelosi, Mr. Browder, Ms. Woolsey, and
Mr. Miller of California):
H.R. 3313. A bill to amend the Goals 2000: Educate America
Act to allow local educational agencies to participate in
certain programs if the State in which the agency is located
does not participate; to the Committee on Economic and
Educational Opportunities.
By Mr. REGULA:
H.R. 3314. A bill to assess the impact of the NAFTA, to
require further negotiation of certain provisions of the
NAFTA, to establish a commission to review the dispute
settlement reports of the World Trade Organization, and for
other purposes; to the Committee on Ways and Means, and in
addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. THORNBERRY:
H.R. 3315. A bill to amend the Internal Revenue Code of
1986 to provide that the rate of tax on liquefied natural gas
shall be equivalent to the rate of tax on compressed natural
gas; to the Committee on Ways and Means.
By Mr. VENTO:
H.R. 3316. A bill to amend the Internal Revenue Code of
1986 to revise the treatment of deferred compensation plans
of State and local governments, and for other purposes; to
the Committee on Ways and Means.
By Mr. WILLIAMS:
H.R. 3317. A bill to establish the Yellowstone River Valley
Heritage Area in the States of Montana, North Dakota, and
Wyoming; to the Committee on Resources.
H.R. 3318. A bill to establish the Southwest Montana
Heritage and Recreation Area in the State of Montana; to the
Committee on Resources.
By Mr. ZIMMER:
H.R. 3319. A bill to require that the United States
promptly sue for recovery of costs and damages for the
cleanup of the Stepan Property Superfund Site in Bergen
County, NJ; to the Committee on the Judiciary.
By Mr. SAM JOHNSON (for himself, Mr. Hastert, Mr.
Fields of Texas, Mr. Tauzin, Mr. Chrysler, Ms. Dunn
of Washington, Mr. Crane, Mr. Christensen, Mr.
Hancock, Mr. Cunningham, Mr. Bunning of Kentucky, Mr.
Bartlett of Maryland, Mr. Skeen, Mr. Hansen, Mrs.
Chenoweth, Mr. Laughlin, Mr. Rohrabacher, Mr.
Hayworth, Mr. Hunter, Mr. Young of Alaska, Mrs.
Seastrand, Mr. Ensign, Mr. Frisa, Mr. Bonilla, Mr.
Stockman, Mr. Graham, Mr. Burr, Mr. Goss, Mr.
Traficant, Mr. Collins of Georgia, Mr. Thomas, Mr.
Largent, Mr. Dornan, Mr. Bono, Mr. Dreier, Mrs.
Cubin, Mr. Hall of Texas, Mr. Dickey, Mr. Doolittle,
Mr. Knollenberg, Mr. Hostettler, and Mr. Norwood):
H.J. Res. 176. Joint resolution proposing an amendment to
the Constitution of the United States to abolish the Federal
income tax; to the Committee on the Judiciary.
By Mr. SMITH of New Jersey (for himself, Mr. Gilman,
Mr. Wolf, Mr. Cardin, Mr. Markey, Mr. Salmon, Mr.
Torricelli, Mr. Levin, Mr. Bonior, Mr. Durbin, and
Mr. Gutierrez):
H. Con. Res. 167. Concurrent resolution recognizing the
10th anniversary of the Choernobyl nuclear disaster, and
supporting the closing of the Choernobyl nuclear power plant;
to the Committee on International Relations.
By Mr. SMITH of Michigan (for himself, Mr. Hall of
Ohio, Mr. Emerson, Mr. Hamilton, Mr. Hyde, and Mr.
Moakley):
H. Res. 413. Resolution recognizing the importance of a
nationally designated ``Character Counts Week'' and of the
character development of young people to the present and
future of the United States, and encouraging community,
school, and youth organizations to integrate the ``six core
elements of character'' articulated in the Aspen Declaration
into programs for students and children; to the Committee on
Economic and Educational Opportunities.
para.46.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 240: Mr. LoBiondo.
H.R. 791: Mr. Salmon.
H.R. 878: Mr. Lipinski, Mr. Foglietta, Mrs. Roukema, Mr.
Hall of Ohio, and Mr. Torkildsen.
H.R. 940: Ms. Slaughter.
H.R. 1023: Mr. Durbin.
H.R. 1202: Mrs. Roukema.
H.R. 1210: Mr. Lipinski.
H.R. 1279: Mr. Graham and Ms. Greene of Utah.
H.R. 1386: Mr. Deutsch.
H.R. 1846: Mr. Brown of California.
H.R. 1998: Mr. Roth and Mr. Kingston.
H.R. 2009: Mr. Neal of Massachusetts.
H.R. 2019: Mr. Jackson.
H.R. 2092: Mr. Gallegly.
H.R. 2137: Ms. Jackson-Lee.
H.R. 2508: Mr. Abercrombie.
H.R. 2688: Mr. Fazio of California, Mr. Manton, and Mr.
Evans.
H.R. 2697: Mr. Kleczka and Mr. Evans.
H.R. 2715: Mr. Weller.
H.R. 2764: Ms. Rivers and Mr. Thornberry.
H.R. 2827: Mr. Campbell.
H.R. 2925: Mr. Heineman, Mr. English of Pennsylvania, Mr.
Gilman, Mr. Jones, and Mr. Burr.
H.R. 2939: Mr. Evans, Mr. Jacobs, Mr. Leach, Mr. Ward, Mr.
Thompson, Mr. Petri, and Mr. Ehlers.
H.R. 2951: Ms. Eshoo, Mr. Dellums, Mr. Brown of California,
Mr. Luther, and Mr. DeFazio.
H.R. 2976: Ms. DeLauro, Mr. Dingell, Mr. Evans, Mrs. Kelly,
and Mr. Yates.
H.R. 3004: Mr. Durbin and Mr. Pallone.
H.R. 3052: Mrs. Clayton, Mr. Owens, Mr. Becerra, Ms. Brown
of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Yates,
Mr. Lewis of Georiga, Ms. Danner, Mrs. Thurman, Mr. Lipinski,
and Mr. Fields of Louisiana.
H.R. 3114: Ms. Lofgren, Mr. Ganske, Mr. Gunderson, Mr.
Zimmer, Mr. Moakley, and Mr. Norwood.
H.R. 3142: Mr. Weldon of Florida, Mr. Lucas, Mr. Taylor of
Mississippi, Mr. Ramstad, and Mr. Lewis of Kentucky.
H.R. 3161: Mr. Moran.
H.R. 3173: Mr. Vento and Mr. Fox.
H.R. 3234: Mr. Bunning of Kentucky, Mr. Ewing, Mr.
Gutknecht, Mr. Baker of California, Mr. Istook, Mr. Barr, Mr.
Hancock, Mr. Boehner, Mr. Mica, Mr. Bass, Mr. Jones, Mr.
Scarborough, Mr. LaHood, and Ms. Dunn of Washington.
H.R. 3246: Mr. Gejdenson.
H.R. 3257: Mr. Franks of New Jersey.
H.R. 3260: Mr. Brewster, Mr. Cramer, Mr. Livingston, Mr.
Baker of Louisiana, and Mr. Lucas.
H.R. 3265: Mr. Green of Texas and Mr. Bachus.
H.R. 3303: Mr. Gilchrest, Mr. Farr, Mr. Abercrombie, Mr.
Gejdenson, Mr. Ortiz, Mr. Meehan, Mr. McHugh, and Mr. Weldon
of Florida.
H.J. Res. 16: Ms. Greene of Utah.
H. Con. Res. 51: Mr. Moorhead.
H. Con. Res. 105: Mr. Luther.
H. Con. Res. 120: Ms. DeLauro.
H. Con. Res. 152: Mr. Tejeda.
H. Res. 346: Mr. Livingston.
H. Res. 385: Mr. Murtha, Mrs. Meyers of Kansas, Ms. Brown
of Florida, Ms. Norton, and Mr. Visclosky.
H. Res. 399: Mr. Houghton, Mr. Dellums, Mr. Fattah, Mr.
Jackson, Ms. Waters, Mr. Yates, Mr. Porter, Ms. Lofgren, and
Ms. Slaughter.
para.46.29 deletion of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1202: Mr. Coble.
.
THURSDAY, APRIL 25, 1996 (47)
The House was called to order by the SPEAKER.
para.47.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of
[[Page 873]]
the proceedings of Wednesday, April 24, 1996.
Mr. CARDIN, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. CARDIN objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
338
Nays
56
When there appeared
<3-line {>
Answered present
1
para.47.2 [Roll No. 132]
YEAS--338
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flake
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Herger
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torricelli
Towns
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Wicker
Williams
Wise
Woolsey
Wynn
Young (FL)
Zeliff
NAYS--56
Abercrombie
Becerra
Borski
Clay
DeFazio
Dornan
Ensign
Everett
Fazio
Filner
Flanagan
Funderburk
Gephardt
Gibbons
Gillmor
Gutierrez
Gutknecht
Hall (OH)
Hefley
Heineman
Hilleary
Hilliard
Jacobs
Johnson, E. B.
LaFalce
Lantos
Latham
Levin
Lewis (GA)
Lipinski
Maloney
Markey
McDermott
Neal
Oberstar
Olver
Owens
Pallone
Pickett
Rush
Sabo
Skaggs
Stark
Talent
Tejeda
Thompson
Torkildsen
Velazquez
Vento
Visclosky
Volkmer
Waters
Weller
Wolf
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--37
Brown (CA)
Brown (FL)
Chapman
Coleman
Collins (IL)
Collins (MI)
Crane
Diaz-Balart
Ewing
Foglietta
Frank (MA)
Gunderson
Johnson, Sam
Kennedy (RI)
Largent
LaTourette
Lincoln
Livingston
Manton
McCrery
McDade
Menendez
Obey
Peterson (MN)
Pombo
Rangel
Roth
Saxton
Schroeder
Slaughter
Smith (NJ)
Stockman
Taylor (MS)
Torres
Whitfield
Wilson
Young (AK)
So the Journal was approved.
para.47.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2520. A letter from the general sales manager and vice
president, Commodity Credit Corporation, transmitting the
annual report on monetization programs for U.S. fiscal year
1994, pursuant to 7 U.S.C. 1431(b)(9)(B); to the Committee on
Agriculture.
2521. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred at the Tinker Air Force Base, OK, pursuant
to 31 U.S.C. 1517(b); to the Committee on Appropriations.
2522. A letter from the Assistant Secretary for
Installations and Environment, Department of the Navy,
transmitting notification of a Department of the Navy
outsourcing study, pursuant to 10 U.S.C. 2304 note; to the
Committee on National Security.
2523. A letter from the Secretary of Defense, transmitting
the annual report of the Reserve Forces Policy Board for
fiscal year 1995, pursuant to 10 U.S.C. 113(c), (e); to the
Committee on National Security.
2524. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Deletion of the Lee's
Lane Superfund Site from the National Priorities List (FRL-
5458-9), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
2525. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Deletion of the Kummer
Sanitary Landfill Superfund Site from the National Priorities
List (FRL-5460-1), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2526. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Deletion of the
Amnicola Dump Superfund Site from the National Priorities
List (FRL-5461-3), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2527. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Tennessee Request for
Approval of Section 112(1) Authority (FRL-5458-7), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2528. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Ohio SIP. Revision for
Ozone (FRL-5450-5), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2529. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Florida SIP. Amendments
to the Federally Enforceable State Operating Permit Program
for Perchloroethylene Dry Cleaning Facilities (FRL-5444-4),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2530. A letter from the Director, Office of Regulatory
Management and Information, Environmetal Protection Agency,
transmitting the Agency's final rule--California; San Joaquin
Valley Unified Air Pollution Control District (FRL-5460-9),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2531. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Alabama Authorization
of Revisions for Hazardous Waste Management Program (FRL-
5459-2), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
2532. A letter from the Director Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--North Carolina
Authorization of Revisions for Hazardous Waste Management
Program (FRL-5459-1), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2533. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Kentucky Au
[[Page 874]]
thorization of Revisions for Hazardous Waste Management
Program (FRL-5461-5), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2534. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--South Carolina
Authorization of Revisions for Hazardous Waste Management
Program (FRL-5461-1), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2535. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval of Volatile
Organic Compound Regulations for Oklahoma (FRL-5438-4),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2536. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Imports and Exports of
Hazardous Waste: Implementation of OECD Council Decision
C(92)39 Concerning the Control of Transfrontier Movements of
Wastes Destined for Recovery Operations (FRL-5447-1),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2537. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval Source-Specific VOC and NOX RACT and
Synthetic Minor Permit Conditions, and 1990 Baseyear
Emissions for One Source (FRL-5442-9), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2538. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Illinois
Motor Vehicle Inspection and Maintenance (FRL-5434-9),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2539. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting the Commission's major rules--
Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities
(Docket No. RM95-8-000), Recovery of Stranded Costs by Public
Utilities and Transmitting Utilities (Docket No. RM94-7-001),
and Open Access Same-time Information System [OASIS] and
Standards of Conduct (Docket No. RM95-9-000) also a proposed
rulemaking--Capacity Reservation Open Access Transmission
Tariffs (Docket No. RM96-11-000), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2540. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to the United
Kingdom (Transmittal No. DTC-16-96), pursuant to 22 U.S.C.
2776(c); to the Committee on International Relations.
2541. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification that the Department of State intends to provide
training to Bosnia and Herzegovina under the auspices of the
Antiterrorism Assistance Program [ATA], pursuant to 22 U.S.C.
2349aa-3(a)(1); to the Committee on International Relations.
2542. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Comparative
Analysis of Costs of Selected Programs of the District of
Columbia Government and Other Jurisdictions,'' pursuant to
D.C. Code, section 47-117(d); to the Committee on Government
Reform and Oversight.
2543. A letter from the Secretary of Energy, transmitting
the Department's annual report to the Congress on activities
of the Department of Energy in response to recommendations
and other interactions with the Defense Nuclear Facilities
Safety Board, pursuant to 42 U.S.C. 2286e(b); jointly, to the
Committees on National Security and Commerce.
2544. A letter from the Secretary of Treasury, transmitting
the Department's annual report on financial market
coordination and regulatory activities to reduce risks in the
financial system in 1994 and 1995, pursuant to Public Law
101-432, section 8(b) (104 Stat. 976); jointly, to the
Committees on Commerce, Banking and Financial Services, and
Agriculture.
para.47.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3055. An Act to amend section 326 of the Higher
Education Act of 1965 to permit continued participation by
Historically Black Graduate Professional Schools in the grant
program authorized by that section.
para.47.5 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, April 25, 1996.
Hon. Newt Gingrich,
The Speaker,
U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
copy of the unofficial election returns received from Julian
R. Manelli, Deputy Administrator, Maryland State
Administrative Board of Election Laws, indicating that,
according to the unofficial returns of the Special Election
held on April 16, 1996, the Honorable Elijah E. Cummings was
elected to the office of Representative in Congress, from the
Seventh Congressional District, State of Maryland.
With warm regards,
Robin H. Carle.
para.47.6 order of business--swearing in of member-elect
On motion of Mr. HOYER, by unanimous consent,
Ordered, That, notwithstanding the fact that the official certificate
of election of Mr. Elijah E. Cummings, 7th District of the State of
Maryland, has not been received by the Clerk of the House of
Representatives, Mr. Cummings be permitted to take the oath of office as
prescribed by law, there being no contest and no question with regard to
his election.
Mr. CUMMINGS then presented himself at the bar of the House and took
the oath of office prescribed by law.
para.47.7 committee resignation--minority
The SPEAKER pro tempore, Mr. LaHOOD, laid before the House the
following communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, April 22, 1996.
Hon. Newt Gingrich,
Speaker of the House,
Washington, DC.
Dear Mr. Speaker: I hereby resign my position on the
Committee on Veterans' Affairs.
Sincerely,
Maxine Waters,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.47.8 committee election--minority
Mr. FAZIO, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 414):
Resolved, That the following named Members be, and that
they are hereby, elected to the following standing committees
of the House of Representatives:
To the Committee on Government Reform and Oversight, Elijah
Cummings of Maryland; to the Committee on the Judiciary,
Maxine Waters of California; and to the Committee on
Transportation and Infrastructure, Elijah Cummings of
Maryland.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.47.9 waiving clause 4(b) of rule xi with respect to certain
resolutions
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 412):
Resolved, That the requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to any resolution reported from that
committee before April 27, 1996, and providing for
consideration or disposition of any of the following
measures:
(1) A bill making general appropriations for the fiscal
year ending September 30, 1996, any amendment thereto, any
conference report thereon, or any amendment reported in
disagreement from a conference thereon.
(2) A bill or joint resolution that includes provisions
making further continuing appropriations for the fiscal year
1996, any amendment thereto, any conference report thereon,
or any amendment reported in disagreement from a conference
thereon.
When said resolution was considered.
After debate,
Mr. McINNIS moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 875]]
Yeas
220
When there appeared
<3-line {>
Nays
200
para.47.10 [Roll No. 133]
YEAS--220
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--200
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--13
Baesler
Ewing
Ford
Gibbons
Hayes
Hunter
McDade
McIntosh
Peterson (MN)
Rangel
Schroeder
Watts (OK)
Wilson
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. McINNIS demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
286
<3-line {>
affirmative
Nays
135
para.47.11 [Roll No. 134]
AYES--286
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brown (CA)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Doyle
Dreier
Duncan
Ehlers
Ehrlich
Emerson
English
Everett
Fattah
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Martinez
Martini
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stockman
Studds
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--135
Abercrombie
Ackerman
Andrews
Barcia
Barrett (WI)
Becerra
Berman
Bishop
Bonior
Borski
Boucher
Brown (FL)
Brown (OH)
Bryant (TX)
Chapman
Clay
Clayton
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gonzalez
Gutierrez
Harman
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jefferson
[[Page 876]]
Johnson (SD)
Johnson, E. B.
Johnston
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Lewis (GA)
Lipinski
Lofgren
Lowey
Maloney
Manton
Markey
Mascara
Matsui
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Rahall
Reed
Richardson
Roybal-Allard
Rush
Sabo
Sanders
Schumer
Scott
Serrano
Skaggs
Slaughter
Souder
Spratt
Stark
Stenholm
Stokes
Stupak
Taylor (MS)
Thompson
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
NOT VOTING--12
Baesler
Dunn
Ewing
Frost
Gephardt
Gibbons
Hayes
Hunter
Peterson (MN)
Rangel
Schroeder
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.47.12 submission of conference report--h.r. 3019
Mr. LIVINGSTON submitted a conference report (Rept. No. 104-537) on
the bill (H.R. 3019) making appropriations for fiscal year 1996 to make
a further downpayment toward a balanced budget, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.47.13 waiving points of order against conference report to
accompany h.r. 3019
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-538) the resolution (H. Res. 415) waiving points of order
against the conference report to accompany the bill (H.R. 3019) making
appropriations for fiscal year 1996 to make a further downpayment toward
a balanced budget, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.47.14 waiving points of order against conference report to
accompany h.r. 3019
Mr. SOLOMON, by direction of the Committee on Rules and pursuant to
House Resolution 412, called up the following resolution (H. Res. 415):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3019) making appropriations for fiscal year 1996
to make a further downpayment toward a balanced budget, and
for other purposes. All points of order against the
conference report and against its consideration are waived.
The conference report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof
was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.47.15 omnibus appropriations, fy 1996
Mr. LIVINGSTON, pursuant to House Resolution 415, called up the
following conference report (Rept. No. 104-537):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3019) ``making appropriations for fiscal year 1996 to make a
further downpayment toward a balanced budget, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of the Government for the fiscal
year 1996, and for other purposes, namely:
Title I--Omnibus Appropriations
Sec. 101. (a) For programs, projects or activities in the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
An Act
Making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1996, and for other
purposes.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $74,282,000; including not to exceed
$3,317,000 for the Facilities Program 2000, and including
$5,000,000 for management and oversight of Immigration and
Naturalization Service activities, both sums to remain
available until expended: Provided, That not to exceed 48
permanent positions and 55 full-time equivalent workyears and
$7,477,000 shall be expended for the Department Leadership
Program, exclusive of augmentation that occurred in these
offices in fiscal year 1995: Provided further, That not to
exceed 76 permanent positions and 90 full-time equivalent
workyears and $9,487,000 shall be expended for the Offices of
Legislative Affairs, Public Affairs and Policy Development:
Provided further, That the latter three aforementioned
offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or
non-reimbursable basis or any other type of formal or
informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $16,898,000, to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of the bombing of the Alfred P. Murrah Federal
Building in Oklahoma City or any domestic or international
terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with
these activities, and (3) the costs of conducting a terrorism
threat assessment of Federal agencies and their facilities:
Provided, That funds provided under this section shall be
available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$38,886,000: Provided, That the obligated and unobligated
balances of funds previously appropriated to the General
Administration, Salaries and Expenses appropriation for the
Executive Office for Immigration Review and the Office of the
Pardon Attorney shall be merged with this appropriation.
violent crime reduction programs, administrative review and appeals
For activities authorized by sections 130005 and 130007 of
Public Law 103-322, $47,780,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund: Provided, That the obligated and
unobligated balances of funds previously appropriated to the
General Administration, Salaries and Expenses appropriation
under title VIII of Public Law 103-317 for the Executive
Office for Immigration Review shall be merged with this
appropriation.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $28,960,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance and
operation of motor vehicles without regard to the general
purchase price limitation.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,446,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $401,929,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $22,618,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be
[[Page 877]]
available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding 31 U.S.C. 1342, the
Attorney General may accept on behalf of the United States
and credit to this appropriation, gifts of money, personal
property and services, for the purpose of hosting the
International Criminal Police Organization's (INTERPOL)
American Regional Conference in the United States during
fiscal year 1996.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $4,028,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund, as authorized by section 6601 of the
Omnibus Budget Reconciliation Act, 1989, as amended by Public
Law 101-512 (104 Stat. 1289).
In addition, for Salaries and Expenses, General Legal
Activities, $12,000,000 shall be made available to be derived
by transfer from unobligated balances of the Working Capital
Fund in the Department of Justice.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of Public Law
103-322, $7,591,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $65,783,000: Provided, That notwithstanding any
other provision of law, not to exceed $48,262,000 of
offsetting collections derived from fees collected for
premeger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1996, so as to result in a
final fiscal year 1996 appropriation from the General Fund
estimated at not more than $17,521,000: Provided further,
That any fees received in excess of $48,262,000 in fiscal
year 1996, shall remain available until expended, but shall
not be available for obligation until October 1, 1996.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental agreements,
$895,509,000, of which not to exceed $2,500,000 shall be
available until September 30, 1997 for the purposes of (1)
providing training of personnel of the Department of Justice
in debt collection, (2) providing services to the Department
of Justice related to locating debtors and their property,
such as title searches, debtor skiptracing, asset searches,
credit reports and other investigations, (3) paying the costs
of the Department of Justice for the sale of property not
covered by the sale proceeds, such as auctioneers' fees and
expenses, maintenance and protection of property and
businesses, advertising and title search and surveying costs,
and (4) paying the costs of processing and tracking debts
owed to the United States Government: Provided, That of the
total amount appropriated, not to exceed $8,000 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $10,000,000 of those
funds available for automated litigation support contracts
and $4,000,000 for security equipment shall remain available
until expended: Provided further, That in addition to
reimbursable full-time equivalent workyears available to the
Office of the United States Attorneys, not to exceed 8,595
positions and 8,862 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the
United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 190001(d), 40114 and
130005 of Public Law 103-322, $30,000,000, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund, of which $20,269,000
shall be available to help meet increased demands for
litigation and related activities, $500,000 to implement a
program to appoint additional Federal Victim's Counselors,
and $9,231,000 for expeditious deportation of denied asylum
applicants.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, $102,390,000, as authorized by 28 U.S.C. 589a(a), to
remain available until expended, for activities authorized by
section 115 of the Bankruptcy Judges, United States Trustees,
and Family Farmer Bankruptcy Act of 1986 (Public Law 99-554),
which shall be derived from the United States Trustee System
Fund: Provided, That deposits to the Fund are available in
such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other
provision of law, not to exceed $44,191,000 of offsetting
collections derived from fees collected pursuant to section
589a(f) of title 28, United States Code, as amended, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That the $102,390,000 herein
appropriated from the United States Trustee System Fund shall
be reduced as such offsetting collections are received during
fiscal year 1996, so as to result in a final fiscal year 1996
appropriation from such Fund estimated at not more than
$58,199,000: Provided further, That any of the aforementioned
fees collected in excess of $44,191,000 in fiscal year 1996
shall remain available until expended, but shall not be
available for obligation until October 1, 1996.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $830,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use without regard
to the general purchase price limitation for the current
fiscal year; $423,248,000, as authorized by 28 U.S.C. 561(i),
of which not to exceed $6,000 shall be available for official
reception and representation expenses.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of Public
Law 103-322, $25,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund.
federal prisoner detention
(including transfer of funds)
For expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General; $252,820,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended.
In addition, for Federal Prisoner Detention, $9,000,000
shall be made available until expended to be derived by
transfer from unobligated balances of the Working Capital
Fund in the Department of Justice.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $85,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of buildings
and the purchase of equipment incident thereto for protected
witness safesites; of which not to exceed $1,000,000 may be
made available for the purchase and maintenance of armored
vehicles for transportation of protected witnesses; and of
which not to exceed $4,000,000 may be made available for the
purchase, installation and maintenance of a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney
General that emergent circumstances require additional
funding for conflict prevention and resolution activities of
the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to this section shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(C), (F), and (G), as amended, $30,000,000 to be derived from
the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,655,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $16,264,000, to become available on October 1, 1996.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $359,843,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation: Provided further, That any
unobligated balances remaining available at the end of the
fiscal year shall revert to the Attorney General for
[[Page 878]]
reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures
described in section 605 of this Act.
Federal Bureau of Investigation
salaries and expenses
(including transfer of funds)
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including
purchase for police-type use of not to exceed 1,815 passenger
motor vehicles of which 1,300 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; $2,189,183,000, of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and $1,000,000 for undercover operations shall remain
available until September 30, 1997; of which not less than
$102,345,000 shall be for counterterrorism investigations,
foreign counterintelligence, and other activities related to
our national security; of which not to exceed $98,400,000
shall remain available until expended; of which not to exceed
$10,000,000 is authorized to be made available for making
payments or advances for expenses arising out of contractual
or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities
related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be
available to maintain an independent program office dedicated
solely to the relocation of the Criminal Justice Information
Services Division and the automation of fingerprint
identification services: Provided, That not to exceed $45,000
shall be available for official reception and representation
expenses: Provided further, That $58,000,000 shall be made
available for NCIC 2000, of which not less than $35,000,000
shall be derived from ADP and Telecommunications unobligated
balances, in addition, $22,000,000 shall be derived by
transfer and available until expended from unobligated
balances in the Working Capital Fund of the Department of
Justice.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by Public Law 103-322,
$218,300,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund, of
which $208,800,000 shall be for activities authorized by
section 190001(c); $4,000,000 for Training and Investigative
Assistance authorized by section 210501(c)(2); and $5,500,000
for establishing DNA quality assurance and proficiency
testing standards, establishing an index to facilitate law
enforcement exchange of DNA identification information, and
related activities authorized by section 210306.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $97,589,000, to remain
available until expended.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,208 passenger motor vehicles, of which 1,178 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $750,168,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $4,000,000 for contracting for ADP
and telecommunications equipment, and not to exceed
$2,000,000 for technical and laboratory equipment shall
remain available until September 30, 1997, and of which not
to exceed $50,000 shall be available for official reception
and representation expenses.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b)
of Public Law 103-322, $60,000,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
Immigration and Naturalization Service
salaries and expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police-
type use (not to exceed 813 of which 177 are for replacement
only) without regard to the general purchase price limitation
for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of
aircraft; and research related to immigration enforcement;
$1,394,825,000, of which $36,300,000 shall remain available
until September 30, 1997; of which $506,800,000 is available
for the Border Patrol; of which not to exceed $400,000 for
research shall remain available until expended; and of which
not to exceed $10,000,000 shall be available for costs
associated with the training program for basic officer
training: Provided, That none of the funds available to the
Immigration and Naturalization Service shall be available for
administrative expenses to pay any employee overtime pay in
an amount in excess of $25,000 during the calendar year
beginning January 1, 1996: Provided further, That uniforms
may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $5,000 shall be available for official
reception and representation expenses: Provided further, That
the Attorney General may transfer to the Department of Labor
and the Social Security Administration not to exceed
$10,000,000 for programs to verify the immigration status of
persons seeking employment in the United States: Provided
further, That none of the funds provided in this or any other
Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless: (1) the checkpoints
are open and traffic is being checked on a continuous 24-hour
basis and (2) the Immigration and Naturalization Service
undertakes a commuter lane facilitation pilot program at the
San Clemente checkpoint within 90 days of enactment of this
Act: Provided further, That the Immigration and
Naturalization Service shall undertake the renovation and
improvement of the San Clemente checkpoint, to include the
addition of two to four lanes, and which shall be exempt from
Federal procurement regulations for contract formation, from
within existing balances in the Immigration and
Naturalization Service Construction account: Provided
further, That if renovation of the San Clemente checkpoint is
not completed by July 1, 1996, the San Clemente checkpoint
will close until such time as the renovations and
improvements are completed unless funds for the continued
operation of the checkpoint are provided and made available
for obligation and expenditure in accordance with procedures
set forth in section 605 of this Act, as the result of
certification by the Attorney General that exigent
circumstances require the checkpoint to be open and delays in
completion of the renovations are not the result of any
actions that are or have been in the control of the
Department of Justice: Provided further, That the Office of
Public Affairs at the Immigration and Naturalization Service
shall conduct its business in areas only relating to its
central mission, including: research, analysis, and
dissemination of information, through the media and other
communications outlets, relating to the activities of the
Immigration and Naturalization Service: Provided further,
That the Office of Congressional Relations at the Immigration
and Naturalization Service shall conduct business in areas
only relating to its central mission, including: providing
services to Members of Congress relating to constituent
inquiries and requests for information; and working with the
relevant congressional committees on proposed legislation
affecting immigration matters: Provided further, That in
addition to amounts otherwise made available in this title to
the Attorney General, the Attorney General is authorized to
accept and utilize, on behalf of the United States, the
$100,000 Innovation in American Government Award for 1995
from the Ford Foundation for the Immigration and
Naturalization Service's Operation Jobs program.
violent crime Reduction programs
For activities authorized by sections 130005, 130006, and
130007 of Public Law 103-322, $316,198,000, to remain
available until expended, which will be derived from the
Violent Crime Reduction Trust Fund, of which $38,704,000
shall be for expeditious deportation of denied asylum
applicants, $231,570,000 for improving border controls, and
$45,924,000 for expanded special deportation proceedings:
Provided, That of the amounts made available, $75,765,000
shall be for the Border Patrol.
construction
For planning, construction, renovation, equipping and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $25,000,000, to remain available
until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 853, of which
559 are for replacement only) and hire of law enforcement and
passenger motor vehicles; and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,567,578,000: Provided, That there may
be transferred to the Health Resources and Services
Administration such
[[Page 879]]
amounts as may be necessary, in the discretion of the
Attorney General, for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System (FPS), where
necessary, may enter into contracts with a fiscal agent/
fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of the FPS, furnish health
services to individuals committed to the custody of the FPS:
Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the
current fiscal year: Provided further, That not to exceed
$6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$50,000,000 for the activation of new facilities shall remain
available until September 30, 1997: Provided further, That of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980 for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That no funds appropriated in this Act
shall be used to privatize any Federal prison facilities
located in Forrest City, Arkansas, and Yazoo City,
Mississippi.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of Public Law 103-322,
$13,500,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$334,728,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That of the total amount
appropriated, not to exceed $22,351,000 shall be available
for the renovation and construction of United States Marshals
Service prisoner holding facilities.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,559,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, $99,977,000, to remain
available until expended, as authorized by section 1001 of
title I of the Omnibus Crime Control and Safe Streets Act, as
amended by Public Law 102-534 (106 Stat. 3524).
violent crime reduction programs, justice assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968, as amended (``the 1968 Act''); and the Victims of Child
Abuse Act of 1990, as amended (``the 1990 Act'');
$202,400,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $6,000,000 shall be for the Court Appointed Special
Advocate Program, as authorized by section 218 of the 1990
Act; $750,000 for Child Abuse Training Programs for Judicial
Personnel and Practitioners, as authorized by section 224 of
the 1990 Act; $130,000,000 for Grants to Combat Violence
Against Women to States, units of local governments and
Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act; $28,000,000 for Grants to
Encourage Arrest Policies to States, units of local
governments and Indian tribal governments, as authorized by
section 1001(a)(19) of the 1968 Act; $7,000,000 for Rural
Domestic Violence and Child Abuse Enforcement Assistance
Grants, as authorized by section 40295 of the 1994 Act;
$1,000,000 for training programs to assist probation and
parole officers who work with released sex offenders, as
authorized by section 40152(c) of the Violent Crime Control
and Law Enforcement Act of 1994; $50,000 for grants for
televised testimony, as authorized by section 1001(a)(7) of
the Omnibus Crime Control and Safe Streets Act of 1968;
$200,000 for the study of State databases on the incidence of
sexual and domestic violence, as authorized by section 40292
of the Violent Crime Control and Law Enforcement Act of 1994;
$1,500,000 for national stalker and domestic violence
reduction, as authorized by section 40603 of the 1994 Act;
$27,000,000 for grants for residential substance abuse
treatment for State prisoners authorized by section
1001(a)(17) of the 1968 Act; and $900,000 for the Missing
Alzheimer's Disease Patient Alert Program, as authorized by
section 240001(d) of the 1994 Act: Provided, That any
balances for these programs shall be transferred to and
merged with this appropriation.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $388,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $60,000,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I of
said Act, for discretionary grants under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs:
Provided, That balances of amounts appropriated prior to
fiscal year 1995 under the authorities of this account shall
be transferred to and merged with this account.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968, as amended (``the 1968 Act''); and the Victims of Child
Abuse Act of 1990, as amended (``the 1990 Act'');
$1,605,200,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund;
of which $503,000,000 shall be for Local Law Enforcement
Block Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act, the Commonwealth of Puerto Rico shall
be considered a ``unit of local government'' as well as a
``state'', for the purposes set forth in paragraphs (A), (B),
(D), (F), and (I) of section 101(a)(2) of H.R. 728 and for
establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That no funds provided
under this heading may be used as matching funds for any
other federal grant program: Provided further, That
notwithstanding any other provision of this title, the
Attorney General may transfer up to $18,000,000 of this
amount for drug courts pursuant to title V of the 1994 Act,
consistent with the reprogramming procedures outlined in
section 605 of this Act: Provided further, That in lieu of
any amount provided from the Local Law Enforcement Block
Grant for the District of Columbia, $15,000,000 shall be
deposited into an escrow account of the District of Columbia
Financial Responsibility and Management Assistance Authority,
pursuant to section 205 of Public Law 104-8, for the District
of Columbia Metropolitan Police Department for law
enforcement purposes and shall be disbursed from such escrow
account pursuant to the instructions of the Authority and in
accordance with a plan developed by the Chief of Police,
after consultation with the Committees on Appropriations and
Judiciary of the Senate and House of Representatives:
Provided further, That $11,000,000 of this amount shall be
for Boys & Girls Clubs of America for the establishment of
Boys & Girls Clubs in public housing facilities and other
areas in cooperation with State and local law enforcement:
Provided further, That funds may also be used to defray the
costs of indem
[[Page 880]]
nification insurance for law enforcement officers;
$25,000,000 for grants to upgrade criminal records, as
authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; $147,000,000 as
authorized by section 1001 of title I of the 1968 Act, which
shall be available to carry out the provisions of subpart 1,
part E of title I of the 1968 Act, notwithstanding section
511 of said Act, for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs; $300,000,000 for
the State Criminal Alien Assistance Program, as authorized by
section 242(j) of the Immigration and Nationality Act, as
amended; $617,500,000 for Violent Offender Incarceration and
Truth in Sentencing Incentive Grants pursuant to subtitle A
of title II of the Violent Crime Control and Law Enforcement
Act of 1994 (as amended by section 114 of this Act), of which
$200,000,000 shall be available for payments to States for
incarceration of criminal aliens, and of which $12,500,000
shall be available for the Cooperative Agreement Program;
$1,000,000 for grants to States and units of local government
for projects to improve DNA analysis, as authorized by
section 1001(a)(22) of the 1968 Act; $9,000,000 for Improved
Training and Technical Automation Grants, as authorized by
section 210501(c)(1) of the 1994 Act; $1,000,000 for Law
Enforcement Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; $500,000 for Motor Vehicle Theft
Prevention Programs, as authorized by section 220002(h) of
the 1994 Act; $1,000,000 for Gang Investigation Coordination
and Information Collection, as authorized by section 150006
of the 1994 Act; $200,000 for grants as authorized by section
32201(c)(3) of the 1994 Act: Provided further, That funds
made available in fiscal year 1996 under subpart 1 of part E
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, may be obligated for programs to assist
States in the litigation processing of death penalty Federal
habeas corpus petitions: Provided further, That any 1995
balances for these programs shall be transferred to and
merged with this appropriation: Provided further, That if a
unit of local government uses any of the funds made available
under this title to increase the number of law enforcement
officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform
nonadministrative public safety service.
Community Oriented Policing Services
Violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs); $1,400,000,000, to
remain available until expended, which shall be derived froim
the Violent Crime Reduction Trust Fund, for Public Safety and
Community Policing Grants pursuant to title I of the 1994
Act: Provided, That of this amount, $10,000,000 shall be
available for programs of Police Corps education, training
and service as set forth in sections 200101-200113 of the
1994 Act: Provided further, That not to exceed 130 permanent
positions and 130 full-time equivalent workyears and
$14,602,000 shall be expended for program management and
administration.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $28,500,000,
which shall be derived from discretionary grants provided
under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local
law enforcement agencies engaged in the investigation and
prosecution of violent crimes and drug offenses in ``Weed and
Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified
by the Attorney General to execute the ``Weed and Seed''
program strategy: Provided, That funds designated by Congress
through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the
use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after
the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, including salaries and
expenses in connection therewith to be transferred to and
merged with the appropriations for Justice Assistance,
$144,000,000, to remain available until expended, as
authorized by section 299 of part I of title II and section
506 of title V of the Act, as amended by Public Law 102-586,
of which: (1) $100,000,000 shall be available for expenses
authorized by parts A, B, and C of title II of the Act; (2)
$10,000,000 shall be available for expenses authorized by
sections 281 and 282 of part D of title II of the Act for
prevention and treatment programs relating to juvenile gangs;
(3) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $4,000,000
shall be available for expenses authorized by part G of title
II of the Act for juvenile mentoring programs; and (5)
$20,000,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local delinquency
prevention programs.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $4,500,000, to remain available
until expended, as authorized by section 214B, of the Act:
Provided, That balances of amounts appropriated prior to
fiscal year 1995 under the authorities of this account shall
be transferred to and merged with this account.
public safety officers benefits
For payments authorized by part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
as amended, such sums as are necessary, to remain available
until expended, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340), and, in addition, $2,134,000,
to remain available until expended, for payments as
authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 114. (a) Grant Program.--Subtitle A of title II of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended to read as follows:
``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
``SEC. 20101. DEFINITIONS.
``Unless otherwise provided, for purposes of this
subtitle--
``(1) the term `indeterminate sentencing' means a system by
which--
``(A) the court may impose a sentence of a range defined by
statute; and
``(B) an administrative agency, generally the parole board,
or the court, controls release within the statutory range;
``(2) the term `part 1 violent crime' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports; and
``(3) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
``SEC. 20102. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General shall provide
Violent Offender Incarceration grants under section 20103 and
Truth-in-Sentencing Incentive grants under section 20104 to
eligible States--
``(1) to build or expand correctional facilities to
increase the bed capacity for the confinement of persons
convicted of a part 1 violent crime or adjudicated delinquent
for an act which if committed by an adult, would be a part 1
violent crime;
``(2) to build or expand temporary or permanent
correctional facilities, including facilities on military
bases, prison barges, and boot camps, for the confinement of
convicted nonviolent offenders and criminal aliens, for the
purpose of freeing suitable existing prison space for the
confinement of persons convicted of a part 1 violent crime;
and
``(3) to build or expand jails.
``(b) Regional Compacts.--
``(1) In general.--Subject to paragraph (2), States may
enter into regional compacts to carry out this subtitle. Such
compacts shall be treated as States under this subtitle.
``(2) Requirement.--To be recognized as a regional compact
for eligibility for a grant under section 20103 or 20104,
each member State must be eligible individually.
``(3) Limitation on receipt of funds.--No State may receive
a grant under this subtitle both individually and as part of
a compact.
``(c) Applicability.--Notwithstanding the eligibility
requirements of section 20104, a State that certifies to the
Attorney General that, as of the date of enactment of the
Department of Justice Appropriations Act, 1996, such State
has enacted legislation in reliance on subtitle A of title II
of the Violent Crime Control and Law Enforcement Act, as
enacted on September 13, 1994, and would in fact qualify
under those provisions, shall be eligible to receive a grant
for fiscal year 1996 as though such State qualifies under
section 20104 of this subtitle.
``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
``(a) Eligibility for Minimum Grant.--To be eligible to
receive a minimum grant under this section, a State shall
submit an application to the Attorney General that provides
assurances that the State has implemented, or will implement,
correctional policies and programs, including truth-in-
sentencing laws that ensure that violent offenders serve a
substantial portion of the sentences imposed, that are
designed to provide sufficiently severe punishment for
violent offenders, including violent juvenile offenders, and
that the prison time served is appropriately related to the
determination that the inmate is a violent offender and for a
period of time deemed necessary to protect the public.
``(b) Additional Amount for Increased Percentage of Persons
Sentenced and Time Served.--A State that received a grant
under subsection (a) is eligible to receive additional grant
amounts if such State demonstrates that the State has, since
1993--
``(1) increased the percentage of persons arrested for a
part 1 violent crime sentenced to prison; or
[[Page 881]]
``(2) increased the average prison time actually served or
the average percent of sentence served by persons convicted
of a part 1 violent crime.
Receipt of grant amounts under this subsection does not
preclude eligibility for a grant under subsection (c).
``(c) Additional Amount for Increased Rate of Incarceration
and Percentage of Sentence Served.--A State that received a
grant under subsection (a) is eligible to receive additional
grant amounts if such State demonstrates that the State has--
``(1) since 1993, increased the percentage of persons
arrested for a part 1 violent crime sentenced to prison, and
has increased the average percent of sentence served by
persons convicted of a part 1 violent crime; or
``(2) has increased by 10 percent or more over the most
recent 3-year period the number of new court commitments to
prison of persons convicted of part 1 violent crimes.
Receipt of grant amounts under this subsection does not
preclude eligibility for a grant under subsection (b).
``SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.
``(a) Eligibility.--To be eligible to receive a grant award
under this section, a State shall submit an application to
the Attorney General that demonstrates that--
``(1) such State has implemented truth-in-sentencing laws
that--
``(A) require persons convicted of a part 1 violent crime
to serve not less than 85 percent of the sentence imposed
(without counting time not actually served, such as
administrative or statutory incentives for good behavior); or
``(B) result in persons convicted of a part 1 violent crime
serving on average not less than 85 percent of the sentence
imposed (without counting time not actually served, such as
administrative or statutory incentives for good behavior);
``(2) such State has truth-in-sentencing laws that have
been enacted, but not yet implemented, that require such
State, not later than 3 years after such State submits an
application to the Attorney General, to provide that persons
convicted of a part 1 violent crime serve not less than 85
percent of the sentence imposed (without counting time not
actually served, such as administrative or statutory
incentives for good behavior); or
``(3) in the case of a State that on the date of enactment
of the Departments of Commerce, Justice, and State, the
Judiciary and Related Agencies Appropriations Act, 1996,
practices indeterminate sentencing with regard to any part 1
violent crime--
``(A) persons convicted of a part 1 violent crime on
average serve not less than 85 percent of the prison term
established under the State's sentencing and release
guidelines; or
``(B) persons convicted of a part 1 violent crime on
average serve not less than 85 percent of the maximum prison
term allowed under the sentence imposed by the court (not
counting time not actually served such as administrative or
statutory incentives for good behavior).
``(b) Exception.--Notwithstanding subsection (a), a State
may provide that the Governor of the State may allow for the
earlier release of--
``(1) a geriatric prisoner; or
``(2) a prisoner whose medical condition precludes the
prisoner from posing a threat to the public, but only after a
public hearing in which representatives of the public and the
prisoner's victims have had an opportunity to be heard
regarding a proposed release.
``SEC. 20105. SPECIAL RULES.
``(a) Sharing of Funds With Counties and Other Units of
Local Government.--
``(1) Reservation.--Each State shall reserve not more than
15 percent of the amount of funds allocated in a fiscal year
pursuant to section 20106 for counties and units of local
government to construct, develop, expand, modify, or improve
jails and other correctional facilities.
``(2) Factors for determination of amount.--To determine
the amount of funds to be reserved under this subsection, a
State shall consider the burden placed on a county or unit of
local government that results from the implementation of
policies adopted by the State to carry out section 20103 or
20104.
``(b) Additional Requirement.--To be eligible to receive a
grant under section 20103 or 20104, a State shall provide
assurances to the Attorney General that the State has
implemented or will implement not later than 18 months after
the date of the enactment of this subtitle, policies that
provide for the recognition of the rights and needs of crime
victims.
``(c) Funds for Juvenile Offenders.--Notwithstanding any
other provision of this subtitle, if a State, or unit of
local government located in a State that otherwise meets the
requirements of section 20103 or 20104, certifies to the
Attorney General that exigent circumstances exist that
require the State to expend funds to build or expand
facilities to confine juvenile offenders other than juvenile
offenders adjudicated delinquent for an act which, if
committed by an adult, would be a part 1 violent crime, the
State may use funds received under this subtitle to build or
expand juvenile correctional facilities or pretrial detention
facilities for juvenile offenders.
``(d) Private Facilities.--A State may use funds received
under this subtitle for the privatization of facilities to
carry out the purposes of section 20102.
``(e) Definition.--For purposes of this subtitle, ``part 1
violent crime'' means a part 1 violent crime as defined in
section 20101(3), or a crime in a reasonably comparable class
of serious violent crimes as approved by the Attorney
General.
``SEC. 20106. FORMULA FOR GRANTS.
``(a) Allocation of violent offender incarceration grants
under section 20103.--
``(1) Formula allocation.--85 percent of the amount
available for grants under section 20103 for any fiscal year
shall be allocated as follows (except that a State may not
receive more than 9 percent of the total amount of funds made
available under this paragraph):
``(A) 0.75 percent shall be allocated to each State that
meets the requirements of section 20103(a), except that the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, if eligible
under section 20103(a), shall each be allocated 0.05 percent.
``(B) The amount remaining after application of
subparagraph (A) shall be allocated to each State that meets
the requirements of section 20103(b), in the ratio that the
number of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for the 3 years preceding the
year in which the determination is made, bears to the average
annual number of part 1 violent crimes reported by all States
that meet the requirements of section 20103(b) to the Federal
Bureau of Investigation for the 3 years preceding the year in
which the determination is made.
``(2) Additional allocation.--15 percent of the amount
available for grants under section 20103 for any fiscal year
shall be allocated to each State that meets the requirements
of section 20103(c) as follows:
``(A) 3.0 percent shall be allocated to each State that
meets the requirements of section 20103(c), except that the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, if eligible
under such subsection, shall each be allocated 0.03 percent.
``(B) The amount remaining after application of
subparagraph (A) shall be allocated to each State that meets
the requirements of section 20103(c), in the ratio that the
number of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for the 3 years preceding the
year in which the determination is made, bears to the average
annual number of part 1 violent crimes reported by all States
that meet the requirements of section 20102(c) to the Federal
Bureau of Investigation for the 3 years preceding the year in
which the determination is made.
``(b) Allocation of Truth-in-Sentencing Grants under
Section 20104.--The amounts available for grants for section
20104 shall be allocated to each State that meets the
requirements of section 20104 in the ratio that the average
annual number of part 1 violent crimes reported by such State
to the Federal Bureau of Investigation for the 3 years
preceding the year in which the determination is made bears
to the average annual number of part 1 violent crimes
reported by States that meet the requirements of section
20104 to the Federal Bureau of Investigation for the 3 years
preceding the year in which the determination is made, except
that a State may not receive more than 25 percent of the
total amount available for such grants.
``(c) Unavailable Data.--If data regarding part 1 violent
crimes in any State is substantially inaccurate or is
unavailable for the 3 years preceding the year in which the
determination is made, the Attorney General shall utilize the
best available comparable data regarding the number of
violent crimes for the previous year for the State for the
purposes of allocation of funds under this subtitle.
``(d) Regional Compacts.--In determining the amount of
funds that States organized as a regional compact may
receive, the Attorney General shall first apply the formula
in either subsection (a) or (b) and (c) of this section to
each member State of the compact. The States organized as a
regional compact may receive the sum of the amounts so
determined.
``SEC. 20107. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State that receives funds
under this subtitle shall use accounting, audit, and fiscal
procedures that conform to guidelines prescribed by the
Attorney General, and shall ensure that any funds used to
carry out the programs under section 20102(a) shall represent
the best value for the State governments at the lowest
possible cost and employ the best available technology.
``(b) Administrative Provisions.--The administrative
provisions of sections 801 and 802 of the Omnibus Crime
Control and Safe Streets Act of 1968 shall apply to the
Attorney General under this subtitle in the same manner that
such provisions apply to the officials listed in such
sections.
``SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--
``(1) Authorizations.--There are authorized to be
appropriated to carry out this subtitle--
``(A) $997,500,000 for fiscal year 1996;
``(B) $1,330,000,000 for fiscal year 1997;
``(C) $2,527,000,000 for fiscal year 1998;
``(D) $2,660,000,000 for fiscal year 1999; and
``(E) $2,753,100,000 for fiscal year 2000.
``(2) Distribution.--
``(A) In general.--Of the amounts remaining after the
allocation of funds for the purposes set forth under sections
20110, 20111, and 20109, the Attorney General shall, from
amounts authorized to be appropriated under paragraph (1) for
each fiscal year, distribute
[[Page 882]]
50 percent for incarceration grants under section 20103, and
50 percent for incentive grants under section 20104.
``(B) Distribution of minimum amounts.--The Attorney
General shall distribute minimum amounts allocated for
section 20103(a) to an eligible State not later than 30 days
after receiving an application that demonstrates that such
State qualifies for a Violent Offender Incarceration grant
under section 20103 or a Truth-in-Sentencing Incentive grant
under section 20104.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Except as provided in section 20110
and 20111, funds made available pursuant to this section
shall be used only to carry out the purposes described in
section 20102(a).
``(2) Nonsupplanting requirement.--Funds made available
pursuant to this section shall not be used to supplant State
funds, but shall be used to increase the amount of funds that
would, in the absence of Federal funds, be made available
from State sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds that remain available after carrying out sections
20109, 20110, and 20111 shall be available to the Attorney
General for purposes of--
``(A) administration;
``(B) research and evaluation, including assessment of the
effect on public safety and other effects of the expansion of
correctional capacity and sentencing reforms implemented
pursuant to this subtitle;
``(C) technical assistance relating to the use of grant
funds, and development and implementation of sentencing
reforms implemented pursuant to this subtitle; and
``(D) data collection and improvement of information
systems relating to the confinement of violent offenders and
other sentencing and correctional matters.
``(4) Carryover of appropriations.--Funds appropriated
pursuant to this section during any fiscal year shall remain
available until expended.
``(5) Matching funds.--The Federal share of a grant
received under this subtitle may not exceed 90 percent of the
costs of a proposal as described in an application approved
under this subtitle.
``SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.
``(a) Reservation of Funds.--Notwithstanding any other
provision of this subtitle other than section 20108(a)(2),
from amounts appropriated to carry out sections 20103 and
20104, the Attorney General shall reserve, to carry out this
section--
``(1) 0.3 percent in each of fiscal years 1996 and 1997;
and
``(2) 0.2 percent in each of fiscal years 1998, 1999, and
2000.
``(b) Grants to Indian Tribes.--From the amounts reserved
under subsection (a), the Attorney General may make grants to
Indian tribes for the purposes of constructing jails on
tribal lands for the incarceration of offenders subject to
tribal jurisdiction.
``(c) Applications.--To be eligible to receive a grant
under this section, an Indian tribe shall submit to the
Attorney General an application in such form and containing
such information as the Attorney General may by regulation
require.
``SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION
OF CRIMINAL ALIENS.
``(a) In General.--The Attorney General shall make a
payment to each State which is eligible under section 242(j)
of the Immigration and Nationality Act in such amount as is
determined under section 242(j), and for which payment is not
made to such State for such fiscal year under such section.
``(b) Authorization of Appropriations.--Notwithstanding any
other provision of this subtitle, there are authorized to be
appropriated to carry out this section from amounts
authorized under section 20108, an amount which when added to
amounts appropriated to carry out section 242(j) of the
Immigration and Nationality Act for fiscal year 1996 equals
$500,000,000 and for each of the fiscal years 1997 through
2000 does not exceed $650,000,000.
``(c) Administration.--The amounts appropriated to carry
out this section shall be reserved from the total amount
appropriated for each fiscal year and shall be added to the
other funds appropriated to carry out section 242(j) of the
Immigration and Nationality Act and administered under such
section.
``(d) Report to Congress.--Not later than May 15, 1999, the
Attorney General shall submit a report to the Congress which
contains the recommendation of the Attorney General
concerning the extension of the program under this section.
``SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.
``(a) In General.--The Attorney General may make payments
to States and units of local government for the purposes
authorized in section 4013 of title 18, United States Code.
``(b) Authorization of Appropriations.--Notwithstanding any
other provision of this subtitle other than section
20108(a)(2), there are authorized to be appropriated from
amounts authorized under section 20108 for each of fiscal
years 1996 through 2000 such sums as may be necessary to
carry out this section.
``SEC. 20112. REPORT BY THE ATTORNEY GENERAL.
``Beginning on October 1, 1996, and each subsequent July 1
thereafter, the Attorney General shall report to the Congress
on the implementation of this subtitle, including a report on
the eligibility of the States under sections 20103 and 20104,
and the distribution and use of funds under this subtitle.''.
(b) Conforming Amendments.--
(1) Omnibus crime control and safe streets act of 1968.--
(A) Part v.--Part V of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is repealed.
(B) Funding.--
(i) Section 1001(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by striking paragraph (20).
(ii) Notwithstanding the provisions of subparagraph (A),
any funds that remain available to an applicant under
paragraph (20) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 shall be used in accordance with
part V of such Act as if such Act was in effect on the day
preceding the date of enactment of this Act.
(2) Violent crime control and law enforcement act of
1994.--
(A) Table of contents.--The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking the matter relating to title V.
(B) Compliance.--Notwithstanding the provisions of
paragraph (1), any funds that remain available to an
applicant under title V of the Violent Crime Control and Law
Enforcement Act of 1994 shall be used in accordance with such
subtitle as if such subtitle was in effect on the day
preceding the date of enactment of this Act.
(C) Truth-in-sentencing.--The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking the matter relating to subtitle A of
title II and inserting the following:
``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
``Sec. 20101. Definitions.
``Sec. 20102. Authorization of Grants.
``Sec. 20103. Violent offender incarceration grants.
``Sec. 20104. Truth-in-sentencing incentive grants.
``Sec. 20105. Special rules.
``Sec. 20106. Formula for grants.
``Sec. 20107. Accountability.
``Sec. 20108. Authorization of appropriations.
``Sec. 20109. Payments for Incarceration on Tribal Lands.
``Sec. 20110. Payments to eligible States for incarceration of criminal
aliens.
``Sec. 20111. Support of Federal prisoners in non-Federal institutions.
``Sec. 20112. Report by the Attorney General.''.
Sec. 120. The pilot debt collection project authorized by
Public Law 99-578, as amended, is extended through September
30, 1997.
Sec. 121. The definition of ``educational expenses'' in
Section 200103 of the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 is amended to
read as follows: ``educational expenses'' means expenses that
are directly attributable to a course of education leading to
the award of either a baccalaureate or graduate degree in a
course of study which, in the judgment of the State or local
police force to which the participant will be assigned,
includes appropriate preparation for police service including
the cost of tuition, fees, books, supplies, transportation,
room and board and miscellaneous expenses.''
Sec. 122. Section 524(c) of title 28, United States Code,
is amended by striking subparagraph (8)(E), as added by
section 110 of the Department of Justice and Related Agencies
Appropriations Act, 1995 (P.L. 103-317, 108 Stat. 1735
(1994)).
This title may be cited as the ``Department of Justice
Appropriations Act, 1996''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $20,889,000, of which $2,500,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$40,000,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to
[[Page 883]]
49 U.S.C. 1517; employment of Americans and aliens by
contract for services; rental of space abroad for periods not
exceeding ten years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $30,000 per vehicle;
obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment; $264,885,000, to remain
available until expended: Provided, That the provisions of
the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities without regard to 15 U.S.C. 4912; and
that for the purpose of this Act, contributions under the
provisions of the Mutual Educational and Cultural Exchange
Act shall include payment for assessments for services
provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; rental
of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law;
$38,604,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91-304, and such laws that were in effect
immediately before September 30, 1982, and for trade
adjustment assistance, $328,500,000: Provided, That none of
the funds appropriated or otherwise made available under this
heading may be used directly or indirectly for attorneys' or
consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration:
Provided further, That, notwithstanding any other provision
of law, the Secretary of Commerce may provide financial
assistance for projects to be located on military
installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it
being required that the grantee have title or ability to
obtain a lease for the property, for the useful life of the
project, when in the opinion of the Secretary of Commerce,
such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary
of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to
land on military installations closed or scheduled for
closure or realignment.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$20,000,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$32,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $45,900,000, to remain available until September
30, 1997.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by 15
U.S.C. 1525-1527 and, notwithstanding 15 U.S.C. 4912, charge
fees necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $133,812,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$150,300,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration,
$17,000,000 to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce is authorized to charge Federal agencies for
spectrum management, analysis, and operations, and related
services: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all
funds transferred, or previously transferred, from other
Government agencies for spectrum management, analysis, and
operations, and related services and for all costs incurred
in telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
the NTIA in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,500,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $2,200,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,500,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support
activities as authorized by section 391 of the Act including
support of the Advisory Council on National Information
Infrastructure: Provided further, That of the funds
appropriated herein, not to exceed 5 percent may be available
for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That notwithstanding the
requirements of section 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of educational,
cultural, health care, public information, public safety or
other social services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted
against the Commissioner of Patents and Trademarks;
$82,324,000, to remain available until expended: Provided,
That the funds made available under this heading are to be
derived from deposits in the Patent and Trademark Office Fee
Surcharge Fund as authorized by law: Provided further, That
the amounts made available under the Fund shall not exceed
amounts deposited; and such fees as shall be collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall
remain available until expended.
Science and Technology
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $259,000,000, to remain available
until expended, of which not to exceed $8,500,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership and the Advanced Technology Program of the
National Institute of Standards and Technology, $301,000,000,
to remain available until expended, of which $80,000,000
shall be for the Manufacturing Extension Partnership, and of
which $221,000,000 shall be for the Ad
[[Page 884]]
vanced Technology Program: Provided, That not to exceed
$500,000 may be transferred to the ``Working Capital Fund''.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $60,000,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
aircraft; not to exceed 358 commissioned officers on the
active list; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and
alteration, modernization, and relocation of facilities as
authorized by 33 U.S.C. 883i; $1,795,677,000, to remain
available until expended: Provided, That notwithstanding 31
U.S.C. 3302 but consistent with other existing law, fees
shall be assessed, collected, and credited to this
appropriation as offsetting collections to be available until
expended, to recover the costs of administering aeronautical
charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
additional fees are received during fiscal year 1996, so as
to result in a final general fund appropriation estimated at
not more than $1,792,677,000: Provided further, That any such
additional fees received in excess of $3,000,000 in fiscal
year 1996 shall not be available for obligation until October
1, 1996: Provided further, That fees and donations received
by the National Ocean Service for the management of the
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in
addition, $63,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'': Provided
further, That grants to States pursuant to sections 306 and
306(a) of the Coastal Zone Management Act, as amended, shall
not exceed $2,000,000.
coastal zone management fund
Of amounts collected pursuant to 16 U.S.C. 1456a, not to
exceed $7,800,000, for purposes set forth in 16 U.S.C.
1456a(b)(2)(A), 16 U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C.
1461(e).
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for
facility planning and design and land acquisition not
otherwise provided for the National Oceanic and Atmospheric
Administration, $50,000,000, to remain available until
expended.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related
equipment to maintain and modernize the existing fleet and to
continue planning the modernization of the fleet, for the
National Oceanic and Atmospheric Administration, $8,000,000,
to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law
95-376, not to exceed $1,032,000, to be derived from receipts
collected pursuant to 22 U.S.C. 1980 (b) and (f), to remain
available until expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $999,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson Fishery Conservation and Management Act
of 1976, as amended (Public Law 100-627) and the American
Fisheries Promotion Act (Public Law 96-561), there are
appropriated from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$196,000, to remain available until expended.
fishing vessel obligations guarantees
For the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, of guaranteed loans authorized by
the Merchant Marine Act of 1936, as amended, $250,000:
Provided, That none of the funds made available under this
heading may be used to guarantee loans for any new fishing
vessel that will increase the harvesting capacity in any
United States fishery.
Technology Administration
Under Secretary for Technology/Office of Technology Policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $7,000,000.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $29,100,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $19,849,000.
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the unobligated balances available under this heading,
$75,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to
pay for any expenses paid before October 1, 1992, as
authorized by section 8501 of title 5, United States Code,
for services performed after April 20, 1990, by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of
Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate
a plan for transferring funds provided in this Act to the
appropriate successor organizations: Provided, That the plan
shall include a proposal for transferring or rescinding funds
appropriated herein for agencies or programs terminated under
such legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce to cover the costs of actions relating
to the abolishment, reorganization or transfer of functions
and any related personnel action, including voluntary
separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between
appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included
under section 205 of this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That no monies appropriated under this Act
or any other law shall be used by the Secretary of Commerce
to issue final determinations under subsections (a), (b),
(c), (e), (g) or (i) of section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533), until such time as legislation
reauthorizing the Act is enacted or until the end of fiscal
year 1996, whichever is earlier, except that monies
appropriated under this Act may be used to delist or
reclassify species pursuant to subsections 4(a)(2)(B),
4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species
Act, and may be used to issue emergency listings under
section 4(b)(7) of the Endangered Species Act.
Sec. 207. Notwithstanding any other provision of law
(including any regulation and including the Public Works and
Economic Development Act of 1965), the transfer of title to
the Rutland City Industrial Complex to Hilinex, Vermont (as
related to Economic Development Administration Project Number
01-11-01742) shall not require compensation to the Federal
Government for the fair share of the Federal Government of
that real property.
[[Page 885]]
Sec. 208. (a) In General.--The Secretary of Commerce,
acting through the Assistant Secretary for Economic
Development of the Department of Commerce, shall--
(1) not later than January 1, 1996, commence the demolition
of the structures on, and the cleanup and environmental
remediation on, the parcel of land described in subsection
(b);
(2) not later than March 31, 1996, complete the demolition,
cleanup, and environmental remediation under paragraph (1);
and
(3) not later than April 1, 1996, convey the parcel of land
described in subsection (b), in accordance with the
requirements of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)), to the Tuscaloosa County Industrial
Development Authority, on receipt of payment of the fair
market value for the parcel by the Authority, as agreed on by
the Secretary and the Authority.
(b) Land Parcel.--The parcel of land referred to in
subsection (a) is the parcel of land consisting of
approximately 41 acres in Holt, Alabama (in Tuscaloosa
County), that is generally known as the ``Central Foundry
Property'', as depicted on a map, and as described in a legal
description, that the Secretary, acting through the Assistant
Secretary for Economic Development, determines to be
satisfactory.
Sec. 209. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this provision is provided
in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 210. None of the funds appropriated under this Act or
any other Act may be used to develop new fishery management
plans, amendments or regulations which create new individual
fishing quota, individual transferable quota, or new
individual transferable effort allocation programs, or to
implement any such plans, amendments or regulations approved
by a Regional Fishery Management Council or the Secretary of
Commerce after January 4, 1995, until offsetting fees to pay
for the cost of administering such plans, amendments or
regulations are expressly authorized under the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.). This restriction shall not apply in any way to any
such programs approved by the Secretary of Commerce prior to
January 4, 1995.
Sec. 211. Section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended--
(1) in the heading, by striking ``Grants'' and inserting
``Assistance'';
(2) in paragraph (1), by striking ``award grants to persons
engaged in commercial fisheries, for uninsured losses
determined by the Secretary to have been suffered'' and
inserting ``help persons engaged in commercial fisheries,
either by providing assistance directly to those persons or
by providing assistance indirectly through States and local
government agencies and nonprofit organizations, for projects
or other measures to alleviate harm determined by the
Secretary to have been incurred'';
(3) in paragraph (3), by striking ``a grant'' and inserting
``direct assistance to a person'';
(4) in paragraph (3), by striking ``gross revenues
annually,'' and inserting ``net revenues annually from
commercial fishing,'';
(5) by striking paragraph (4) and inserting the following:
``(4)(A) Assistance may not be provided under this
subsection as part of a fishing capacity reduction program in
a fishery unless the Secretary determines that adequate
conservation and management measures are in place in that
fishery.
``(B) As a condition of awarding assistance with respect to
a vessel under a fishing capacity reduction program, the
Secretary shall--
``(i) prohibit the vessel from being used for fishing; and
``(ii) require that the vessel be--
``(I) scrapped or otherwise disposed of in a manner
approved by the Secretary; or
``(II) donated to a nonprofit organization and thereafter
used only for purposes of research, education, or training;
or
``(III) used for another non-fishing purpose provided the
Secretary determines that adequate measures are in place to
ensure that the vessel cannot reenter any fishery.
``(C) A vessel that is prohibited from fishing under
subparagraph (B) shall not be eligible for a fishery
endorsement under section 12108(a) of title 46, United States
Code, and any such endorsement for the vessel shall not be
effective.''; and
(6) in paragraph (5), by striking ``for awarding grants''
and all that follows through the end of the paragraph and
inserting ``for receiving assistance under this
subsection.''.
Sec. 212. The Secretary may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with Title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 1996''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance and
operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $25,834,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$3,313,000, of which $500,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $14,288,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $10,859,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular
active service, judges of the United States Court of Federal
Claims, bankruptcy judges, magistrate judges, and all other
officers and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,433,141,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; of which not to exceed $10,000,000 shall
remain available until expended for furniture and furnishings
related to new space alteration and construction projects;
and of which $500,000 is to remain available until expended
for acquisition of books, periodicals, and newspapers, and
all other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,318,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by
law, $30,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund,
as authorized by section 190001(a) of Public Law 103-322.
defender services
For the operation of Federal Public Defender and Community
Defender organizations, the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended, the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)), the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel, the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences, and the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28
U.S.C. 1875(d), $267,217,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i): Provided, That
none of the funds provided in this Act shall be available for
Death Penalty Resource Centers or Post-Conviction Defender
Organizations after April 1, 1996.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
[[Page 886]]
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702); $102,000,000, to
be expended directly or transferred to the United States
Marshals Service which shall be responsible for administering
elements of the Judicial Security Program consistent with
standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $47,500,000,
of which not to exceed $7,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,914,000; of which
$1,800,000 shall remain available through September 30, 1997,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,000,000, and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$8,500,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be
available for salaries and expenses of the Special Court
established under the Regional Rail Reorganization Act of
1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and other Judicial Services, Defender Services'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of
the Judicial Conference.
Sec. 305. Section 333 of title 28, United States Code, is
amended--
(1) in the first paragraph by striking ``shall'' the first,
second, and fourth place it appears and inserting ``may'';
and
(2) in the second paragraph--
(A) by striking ``shall'' the first place it appears and
inserting ``may''; and
(B) by striking ``, and unless excused by the chief judge,
shall remain throughout the conference''.
This title may be cited as ``The Judiciary Appropriations
Act, 1996''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Authorities
Act of 1956, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of
Congress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c) and 22 U.S.C. 2674; and for expenses of general
administration, $1,708,800,000: Provided, That
notwithstanding section 140(a)(5), and the second sentence of
section 140(a)(3) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236), not to
exceed $125,000,000 of fees may be collected during fiscal
year 1996 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the
preceding proviso shall be deposited in fiscal year 1996 as
an offsetting collection to appropriations made under this
heading to recover the costs of providing consular services
and shall remain available until expended: Provided further,
That starting in fiscal year 1997, a system shall be in place
that allocates to each department and agency the full cost of
its presence outside of the United States.
Of the funds provided under this heading, $24,856,000 shall
be available only for the Diplomatic Telecommunications
Service for operation of existing base services and not to
exceed $17,144,000 shall be available only for the
enhancement of the Diplomatic Telecommunications Service and
shall remain available until expended. Of the latter amount,
$2,500,000 shall not be made available until expiration of
the 15 day period beginning on the date when the Secretary of
State and the Director of the Diplomatic Telecommunications
Service submit the pilot program report required by section
507 of Public Law 103-317.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section 45 of
the State Department Basic Authorities Act of 1956, 22 U.S.C.
2717; and in addition not to exceed $1,223,000 shall be
derived from fees from other executive agencies for lease or
use of facilities located at the International Center in
accordance with section 4 of the International Center Act
(Public Law 90-553, as amended by section 120 of Public Law
101-246); and in addition not to exceed $15,000 which shall
be derived from reimbursements, surcharges, and fees for use
of Blair House facilities in accordance with section 46 of
the State of Department Basic Authorities Act of 1956 (22
U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20
percent of the amounts made available in this Act in the
appropriation accounts, ``Diplomatic and Consular Programs''
and ``Salaries and Expenses'' under the heading
``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
For an additional amount for security enhancements to
counter the threat of terrorism, $9,720,000, to remain
available until expended.
salaries and expenses
For expenses necessary for the general administration of
the Department of State and the Foreign Service, provided for
by law, including expenses authorized by section 9 of the Act
of August 31, 1964, as amended (31 U.S.C. 3721), and the
State Department Basic Authorities Act of 1956, as amended,
$363,276,000.
For an additional amount for security enhancements to
counter the threat of terrorism, $1,870,000, to remain
available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$16,400,000, to remain available until expended, as
authorized in Public Law 103-236: Provided, That section
135(e) of Public Law 103-236 shall not apply to funds
appropriated under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App.), $27,369,000,
notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980 (Public Law 96-465), as it relates to post
inspections: Provided, That notwithstanding any other
provision of law, (1) the Office of the Inspector General of
the United States Information Agency is hereby merged with
the Office of the Inspector General of the Department of
State; (2) the functions exercised and assigned to the Office
of the Inspector General of the United States Information
Agency before the effective date of this Act (including all
related functions) are transferred to the Office of the
Inspector General of the Department of State; and (3) the
Inspector General of the Department of State shall also serve
as the Inspector General of the United States Information
Agency.
representation allowances
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C.
4085), $4,500,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services in accordance with the provisions of section 214 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $8,579,000.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and
the Diplomatic Security Construction Program as au
[[Page 887]]
thorized by title IV of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4851), $385,760,000, to
remain available until expended as authorized by 22 U.S.C.
2696(c): Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of
furniture and furnishings and generators for other
departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service pursuant to the requirement of 31 U.S.C.
3526(e), $6,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c), of which not to exceed
$1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms
and conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by 22
U.S.C. 2671: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974. In addition, for
administrative expenses necessary to carry out the direct
loan program, $183,000 which may be transferred to and merged
with the Salaries and Expenses account under Administration
of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8 (93 Stat. 14), $15,165,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $125,402,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $892,000,000: Provided, That
any payment of arrearages shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That 20 percent of the funds appropriated in this
paragraph for the assessed contribution of the United States
to the United Nations shall be withheld from obligation and
expenditure until a certification is made under section
401(b) of Public Law 103-236 for fiscal year 1996: Provided
further, That certification under section 401(b) of Public
Law 103-236 for fiscal year 1996 may only be made if the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives are notified of the
steps taken, and anticipated, to meet the requirements of
section 401(b) of Public Law 103-236 at least 15 days in
advance of the proposed certification: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That of
the funds appropriated in this paragraph, $80,000,000 may be
made available only on a quarterly basis and only after the
Secretary of State certifies on a quarterly basis that the
United Nations has taken no action to increase funding for
any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget and cause the
United Nations to exceed its no growth budget for the
biennium 1996-1997 adopted in December, 1995.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $359,000,000: Provided, That none of the funds made
available under this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission
unless, at least fifteen days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency, as far in advance as is
practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers.
INTERNATIONAL CONFERENCES AND CONTINGENCIES
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, in addition to
funds otherwise available for these purposes, contributions
for the United States share of general expenses of
international organizations and conferences and
representation to such organizations and conferences as
provided for by 22 U.S.C. 2656 and 2672 and personal services
without regard to civil service and classification laws as
authorized by 5 U.S.C. 5102, $3,000,000, to remain available
until expended as authorized by 22 U.S.C. 2696(c), of which
not to exceed $200,000 may be expended for representation as
authorized by 22 U.S.C. 4085.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$12,058,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $6,644,000, to remain available until
expended as authorized by 22 U.S.C. 2696(c).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182; $5,800,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $14,669,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $5,000,000, to remain
available until expended as authorized by 22 U.S.C. 2696(c).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities,
$38,700,000, of which not to exceed $50,000 shall be for
official reception and representation expenses as authorized
by the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
United States Information Agency
salaries and expenses
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized by
the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451 et seq.), the United States
Information and Educational Exchange Act of 1948, as amended
(22 U.S.C. 1431 et seq.) and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to
carry out related activities authorized by law, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by 22
U.S.C. 1471, and entertainment, including official
receptions, within the United States, not to exceed $25,000
as authorized by 22 U.S.C. 1474(3); $445,645,000: Provided,
That not to exceed $1,400,000 may be used for representation
abroad as authorized by 22 U.S.C. 1452 and 4085: Provided
further, That not to exceed $7,615,000 to remain available
until expended, may be credited to this appropriation from
fees or other payments received from or in connection with
English teaching, library, motion pictures, and publication
programs as authorized by section 810 of the United States
Information and Educational Exchange Act of 1948, as amended:
Provided further, That not to exceed $1,700,000 to remain
available until expended may be used to carry out projects
involving security construction and related improvements for
agency facilities not physically located together with
Department of State facilities abroad.
technology fund
For expenses necessary to enable the United States
Information Agency to provide for the procurement of
information technology improvements, as authorized by the
United States Information and Educational Exchange Act of
1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and
[[Page 888]]
Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et
seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$5,050,000, to remain available until expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$200,000,000, to remain available until expended as
authorized by 22 U.S.C. 2455:
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
05), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 1996, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122 (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 1996, to remain
available until expended.
american studies collections endowment fund
For necessary expenses of American Studies Collections as
authorized by section 235 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, all interest
and earnings accruing to the American Studies Collections
Endowment Fund on or before September 30, 1996, to remain
available until expended.
international broadcasting operations
For expenses necessary to enable the United States
Information Agency, as authorized by the United States
Information and Educational Exchange Act of 1948, as amended,
the United States International Broadcasting Act of 1994, as
amended, and Reorganization Plan No. 2 of 1977, to carry out
international communication activities; $325,191,000, of
which $5,000,000 shall remain available until expended, not
to exceed $16,000 may be used for official receptions within
the United States as authorized by 22 U.S.C. 1474(3), not to
exceed $35,000 may be used for representation abroad as
authorized by 22 U.S.C. 1452 and 4085, and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
not to exceed $250,000 from fees as authorized by section 810
of the United States Information and Educational Exchange Act
of 1948, as amended, to remain available until expended for
carrying out authorized purposes; and in addition,
notwithstanding any other provision of law, not to exceed
$1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States
Information Agency from or in connection with broadcasting
resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized
purposes.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to
Cuba Act, as amended, the Television Broadcasting to Cuba
Act, and the International Broadcasting Act of 1994,
including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and
reception, $24,809,000 to remain available until expended:
Provided, That not later than April 1, 1996, the headquarters
of the Office of Cuba Broadcasting shall be relocated from
Washington, D.C. to south Florida, and that any funds
available under the headings ``International Broadcasting
Operations'', ``Broadcasting to Cuba'', and ``Radio
Construction'' may be available to carry out this relocation.
radio construction
For an additional amount for the purchase, rent,
construction, and improvement of facilities for radio
transmission and reception and purchase and installation of
necessary equipment for radio and television transmission and
reception as authorized by 22 U.S.C. 1471, $40,000,000, to
remain available until expended as authorized by 22 U.S.C.
1477b(a).
east-west center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the
Center for Cultural and Technical Interchange Between East
and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the
Center for Cultural and Technical Interchange Between East
and West in the State of Hawaii, $11,750,000: Provided, That
none of the funds appropriated herein shall be used to pay
any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
north/south center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the
North/South Center Act of 1991 (22 U.S.C. 2075), by grant to
an educational institution in Florida known as the North/
South Center, $2,000,000, to remain available until expended.
National Endowment for Democracy
For grants made by the United States Information Agency to
the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of 5 U.S.C.; for
services as authorized by 5 U.S.C. 3109; and hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds appropriated or otherwise made available
under this Act or any other Act may be expended for
compensation of the United States Commissioner of the
International Boundary Commission, United States and Canada,
only for actual hours worked by such Commissioner.
Sec. 404. (a) No later than 90 days after enactment of
legislation consolidating, reorganizing or downsizing the
functions of the Department of State, the United States
Information Agency, and the Arms Control and Disarmament
Agency, the Secretary of State, the Director of the United
States Information Agency and the Director of the Arms
Control and Disarmament Agency shall submit to the Committees
on Appropriations of the House and the Senate a proposal for
transferring or rescinding funds appropriated herein for
functions that are consolidated, reorganized or downsized
under such legislation: Provided, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of State, the Director of the United
States Information Agency, and the Director of the Arms
Control and Disarmament Agency, as appropriate, may use any
available funds to cover the costs of actions to consolidate,
reorganize or downsize the functions under their authority
required by such legislation, and of any related personnel
action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority
to transfer funds between appropriations accounts that may be
necessary to carry out this section is provided in addition
to authorities included under section 402 of this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 405. Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States
Information and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, section 53 of the Arms Control and Disarmament
Act, and section 15 of the State Department Basic Authorities
Act of 1956.
Sec. 406. Section 36(a)(1) of the State Department
Authorities Act of 1956, as amended (22 U.S.C. 2708), is
amended to delete ``may pay a reward'' and insert in lieu
thereof ``shall establish and publicize a program under which
rewards may be paid''.
Sec. 407. Sections 6(a) and 6(b) of Public Law 101-454 are
repealed. In addition, notwithstanding any other provision of
law, Eisenhower Exchange Fellowships, Incorporated, may use
one-third of any earned but unused trust income from the
period 1992 through 1995 for Fellowship purposes in each of
fiscal years 1996 through 1998.
Sec. 408. It is the sense of the Senate that none of the
funds appropriated or otherwise made available pursuant to
this Act should be used for the deployment of combat-equipped
forces of the Armed Forces of the United States for any
ground operations in Bosnia and Herzegovina unless--
(1) Congress approves in advance the deployment of such
forces of the Armed Forces; or
(2) the temporary deployment of such forces of the Armed
Forces of the United
[[Page 889]]
States into Bosnia and Herzegovina is necessary to evacuate
United Nations peacekeeping forces from a situation of
imminent danger, to undertake emergency air rescue
operations, or to provide for the airborne delivery of
humanitarian supplies, and the President reports as soon as
practicable to Congress after the initiation of the temporary
deployment, but in no case later than 48 hours after the
initiation of the deployment.
Sec. 409. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this provision is provided
in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 410. Section 235 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public Law
101-246) is amended by inserting ``Tinian,'' after ``Sao
Tome,''.
Sec. 411. The appropriation for the Arms Control and
Disarmament Agency in Public Law 103-317 (108 Stat. 1768) is
amended by deleting after ``until expended'' the following:
``only for activities related to the implementation of the
Chemical Weapons Convention'': Provided, That amounts made
available shall not be used to undertake new programs or to
increase employment above levels on board at the time of
enactment of this Act.
This title may be cited as the ``Department of State and
Related Agencies Appropriations Act, 1996''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-
differential subsidies as authorized by the Merchant Marine
Act, 1936, as amended, $162,610,000, to remain available
until expended.
maritime national security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States as determined by the Secretary of Defense in
consultation with the Secretary of Transportation,
$46,000,000, to remain available until expended: Provided,
That these funds will be available only upon enactment of an
authorization for this program.
operations and training
For necessary expenses of operations and training
activities authorized by law, $66,600,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, the Secretary of Transportation may
use proceeds derived from the sale or disposal of National
Defense Reserve Fleet vessels that are currently collected
and retained by the Maritime Administration, to be used for
facility and ship maintenance, modernization and repair,
conversion, acquisition of equipment, and fuel costs
necessary to maintain training at the United States Merchant
Marine Academy and State maritime academies and may be
transferred to the Secretary of the Interior for use as
provided in the National Maritime Heritage Act (Public Law
103-451): Provided further, That reimbursements may be made
to this appropriation from receipts to the ``Federal Ship
Financing Fund'' for administrative expenses in support of
that program in addition to any amount heretofore
appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act of 1936, $40,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,500,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy
for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which otherwise
would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $206,000, as authorized by Public
Law 99-83, section 1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,750,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the Chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $1,894,000, to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
Competitiveness Policy Council
salaries and expenses
For necessary expenses of the Competitiveness Policy
Council, $50,000: Provided, That this shall be the final
Federal payment to the Competitiveness Policy Council.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990 and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); nonmonetary awards to private citizens; not
to exceed $26,500,000, for payments to State and local
enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employment
Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $233,000,000: Provided, That the
Commission is authorized to make available for official
reception and representation expenses not to exceed $2,500
from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $185,709,000, of which not to
exceed $300,000 shall remain available until September 30,
1997, for research and policy studies: Provided, That
$126,400,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 1996
so as to result in a final fiscal year 1996 appropriation
estimated at $59,309,000: Provided further, That any
offsetting collections received in excess of $126,400,000 in
fiscal year 1996 shall remain available until expended, but
shall not be available for obligation until October 1, 1996:
Provided further, That the Commission shall amend its
schedule of regulatory fees set forth in section 1.1153 of
title 47, CFR, authorized by section 9 of title I of the
Communications Act of 1934, as amended by: (1) striking
``$22,420'' in the Annual Regulatory Fee column for VHF
Commercial Markets 1 through 10 and inserting ``$32,000'';
(2) striking ``$19,925'' in the Annual Regulatory Fee column
for VHF Commercial Markets 11 through 25 and inserting
``$26,000''; (3) striking ``$14,950'' in the Annual
Regulatory Fee column for VHF Commercial Markets 26 through
50 and inserting ``$17,000''; (4) striking ``$9,975'' in the
Annual Regulatory Fee column for VHF Commercial Markets 51
through 100 and inserting ``$9,000''; (5) striking ``$6,225''
in the Annual Regulatory Fee column for VHF Commercial
Remaining Markets and inserting ``$2,500''; and (6) striking
``$17,925'' in the Annual Regulatory Fee
[[Page 890]]
column for UHF Commercial Markets 1 through 10 and inserting
``$25,000''; (7) striking ``$15,950'' in the Annual
Regulatory Fee column for UHF Commercial Markets 11 through
25 and inserting ``$20,000''; (8) striking ``$11,950'' in the
Annual Regulatory Fee column for UHF Commercial Markets 26
through 50 and inserting ``$13,000''; (9) striking ``$7,975''
in the Annual Regulatory Fee column for UHF Commercial
Markets 51 through 100 and inserting ``$7,000''; and (10)
striking ``$4,975'' in the Annual Regulatory Fee column for
UHF Commercial Remaining Markets and inserting ``$2,000'':
Provided further, That the Federal Communications Commission
shall, not later than 30 days after receipt of a petition by
WQED, Pittsburgh, determine, without conducting a rulemaking
or other proceeding, whether to amend section 73.606 of Title
47l, Code of Federal Regulations, by deleting the asterisk
for the channel operating on 482-488 MHz in Pittsburgh,
Pennsylvania, based on the public interest, the existing
common ownership of two non-commercial broadcasting stations
in Pittsburgh, the financial distress of the licensee, and
the threat to the public of losing or impairing local public
broadcasting service in the area: Provided further, That the
Federal Communications Commission may solicit such comments
as it deems necessary in making this determination: Provided
further, That part of the determination, the Federal
Communications Commission shall not be required,
notwithstanding any other provision of law, to open the
channel to general application, and may determine that the
license therefor may be assigned by the licensee, subject to
prompt approval of the proposed assignee by the Federal
Communications Commission, and that the proceeds of the
initial assignment of the license for such channel, or any
portion thereof, shall be used solely in furtherance of
noncommercial broadcast operations, or for such other purpose
as the Federal Communications Commission may determine
appropriate.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 App. U.S.C. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-02;
$14,855,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses;
$79,568,000: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for
collection services in accordance with the terms of 31 U.S.C.
3718, as amended: Provided further, That notwithstanding any
other provision of law, not to exceed $48,262,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1996, so as to result in a
final fiscal year 1996 appropriation from the General Fund
estimated at not more than $31,306,000, to remain available
until expended: Provided further, That any fees received in
excess of $48,262,000 in fiscal year 1996 shall remain
available until expended, but shall not be available for
obligation until October 1, 1996: Provided further, That none
of the funds made available to the Federal Trade Commission
shall be available for obligation for expenses authorized by
section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-
2285).
Japan-United States Friendship Commission
japan-united states friendship trust fund
For expenses of the Japan-United States Friendship
Commission, as authorized by Public Law 94-118, as amended,
from the interest earned on the Japan-United States
Friendship Trust Fund, $1,247,000; and an amount of Japanese
currency not to exceed the equivalent of $1,420,000 based on
exchange rates at the time of payment of such amounts as
authorized by Public Law 94-118.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $278,000,000, of which $269,400,000 is for basic
field programs and required independent audits carried out in
accordance with section 509; $1,500,000 is for the Office of
the Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of
recipients in accordance with section 509 of this Act; and
$7,100,000 is for management and administration: Provided,
That $198,750,000 of the total amount provided under this
heading for basic field programs shall not be available
except for the competitive award of grants and contracts
under section 503 of this Act.
Administrative Provisions--Legal Services Corporation
Sec. 501. (a) Funds appropriated under this Act to the
Legal Services Corporation for basic field programs shall be
distributed as follows:
(1) The Corporation shall define geographic areas and make
the funds available for each geographic area on a per capita
basis relative to the number of individuals in poverty
determined by the Bureau of the Census to be within the
geographic area, except as provided in paragraph (2)(B).
Funds for such a geographic area may be distributed by the
Corporation to 1 or more persons or entities eligible for
funding under section 1006(a)(1)(A) of the Legal Services
Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to
sections 502 and 504.
(2) Funds for grants from the Corporation, and contracts
entered into by the Corporation for basic field programs,
shall be allocated so as to provide--
(A) except as provided in subparagraph (B), an equal figure
per individual in poverty for all geographic areas, as
determined on the basis of the most recent decennial census
of population conducted pursuant to section 141 of title 13,
United States Code (or, in the case of the Republic of Palau,
the Federated States of Micronesia, the Republic of the
Marshall Islands, Alaska, Hawaii, and the United States
Virgin Islands, on the basis of the adjusted population
counts historically used as the basis for such
determinations); and
(B) an additional amount for Native American communities
that received assistance under the Legal Services Corporation
Act for fiscal year 1995, so that the proportion of the funds
appropriated to the Legal Services Corporation for basic
field programs for fiscal year 1996 that is received by the
Native American communities shall be not less than the
proportion of such funds appropriated for fiscal year 1995
that was received by the Native American communities.
(b) As used in this section:
(1) The term ``individual in poverty'' means an individual
who is a member of a family (of 1 or more members) with an
income at or below the poverty line.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
Sec. 502. None of the funds appropriated in this Act to the
Legal Services Corporation shall be used by the Corporation
to make a grant, or enter into a contract, for the provision
of legal assistance unless the Corporation ensures that the
person or entity receiving funding to provide such legal
assistance is--
(1) a private attorney admitted to practice in a State or
the District of Columbia;
(2) a qualified nonprofit organization, chartered under the
laws of a State or the District of Columbia, that--
(A) furnishes legal assistance to eligible clients; and
(B) is governed by a board of directors or other governing
body, the majority of which is comprised of attorneys who--
(i) are admitted to practice in a State or the District of
Columbia; and
(ii) are appointed to terms of office on such board or body
by the governing body of a State, county, or municipal bar
association, the membership of which represents a majority of
the attorneys practicing law in the locality in which the
organization is to provide legal assistance;
(3) a State or local government (without regard to section
1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42
U.S.C. 2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination agency
that serves a substate area and whose governing board is
controlled by locally elected officials.
Sec. 503. (a)(1) Not later than April 1, 1996, the Legal
Services Corporation shall implement a system of competitive
awards of grants and contracts for all basic field programs,
which shall apply to all such grants and contracts awarded by
the Corporation after March 31, 1996, from funds appropriated
in this Act.
(2) Any grant or contract awarded before April 1, 1996, by
the Legal Services Corporation to a basic field program for
1996--
(A) shall not be for an amount greater than the amount
required for the period ending March 31, 1996;
(B) shall terminate at the end of such period; and
(C) shall not be renewable except in accordance with the
system implemented under paragraph (1).
(3) The amount of grants and contracts awarded before April
1, 1996, by the Legal Services Corporation for basic field
programs for 1996 in any geographic area described in section
501 shall not exceed an amount equal to \3/12\ of the total
amount to be distributed for such programs for 1996 in such
area.
(b) Not later than 60 days after the date of enactment of
this Act, the Legal Services Corporation shall promulgate
regulations to implement a competitive selection process for
the recipients of such grants and contracts.
(c) Such regulations shall specify selection criteria for
the recipients, which shall include--
(1) a demonstration of a full understanding of the basic
legal needs of the eligible clients
[[Page 891]]
to be served and a demonstration of the capability of serving
the needs;
(2) the quality, feasibility, and cost effectiveness of a
plan submitted by an applicant for the delivery of legal
assistance to the eligible clients to be served; and
(3) the experience of the Legal Services Corporation with
the applicant, if the applicant has previously received
financial assistance from the Corporation, including the
record of the applicant of past compliance with Corporation
policies, practices, and restrictions.
(d) Such regulations shall ensure that timely notice
regarding an opportunity to submit an application for such an
award is published in periodicals of local and State bar
associations and in at least 1 daily newspaper of general
circulation in the area to be served by the person or entity
receiving the award.
(e) No person or entity that was previously awarded a grant
or contract by the Legal Services Corporation for the
provision of legal assistance may be given any preference in
the competitive selection process.
(f) For the purposes of the funding provided in this Act,
rights under sections 1007(a)(9) and 1011 of the Legal
Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C.
2996j) shall not apply.
Sec. 504. (a) None of the funds appropriated in this Act to
the Legal Services Corporation may be used to provide
financial assistance to any person or entity (which may be
referred to in this section as a ``recipient'')--
(1) that makes available any funds, personnel, or equipment
for use in advocating or opposing any plan or proposal, or
represents any party or participates in any other way in
litigation, that is intended to or has the effect of
altering, revising, or reapportioning a legislative,
judicial, or elective district at any level of government,
including influencing the timing or manner of the taking of a
census;
(2) that attempts to influence the issuance, amendment, or
revocation of any executive order, regulation, or other
statement of general applicability and future effect by any
Federal, State, or local agency;
(3) that attempts to influence any part of any adjudicatory
proceeding of any Federal, State, or local agency if such
part of the proceeding is designed for the formulation or
modification of any agency policy of general applicability
and future effect;
(4) that attempts to influence the passage or defeat of any
legislation, constitutional amendment, referendum,
initiative, or any similar procedure of the Congress or a
State or local legislative body;
(5) that attempts to influence the conduct of oversight
proceedings of the Corporation or any person or entity
receiving financial assistance provided by the Corporation;
(6) that pays for any personal service, advertisement,
telegram, telephone communication, letter, printed or written
matter, administrative expense, or related expense,
associated with an activity prohibited in this section;
(7) that initiates or participates in a class action suit;
(8) that files a complaint or otherwise initiates or
participates in litigation against a defendant, or engages in
a precomplaint settlement negotiation with a prospective
defendant, unless--
(A) each plaintiff has been specifically identified, by
name, in any complaint filed for purposes of such litigation
or prior to the precomplaint settlement negotiation; and
(B) a statement or statements of facts written in English
and, if necessary, in a language that the plaintiffs
understand, that enumerate the particular facts known to the
plaintiffs on which the complaint is based, have been signed
by the plaintiffs, are kept on file by the recipient, and are
made available to any Federal department or agency that is
auditing or monitoring the activities of the Corporation or
of the recipient, and to any auditor or monitor receiving
Federal funds to conduct such auditing or monitoring,
including any auditor or monitor of the Corporation:
Provided, That upon establishment of reasonable cause that an
injunction is necessary to prevent probable, serious harm to
such potential plaintiff, a court of competent jurisdiction
may enjoin the disclosure of the identity of any potential
plaintiff pending the outcome of such litigation or
negotiations after notice and an opportunity for a hearing is
provided to potential parties to the litigation or the
negotiations: Provided further, That other parties to the
litigation or negotiation shall have access to the statement
of facts referred to in subparagraph (B) only through the
discovery process after litigation has begun;
(9) unless--
(A) prior to the provision of financial assistance--
(i) if the person or entity is a nonprofit organization,
the governing board of the person or entity has set specific
priorities in writing, pursuant to section 1007(a)(2)(C)(i)
of the Legal Services Corporation Act (42 U.S.C.
2996f(a)(2)(C)(i)), of the types of matters and cases to
which the staff of the nonprofit organization shall devote
time and resources; and
(ii) the staff of such person or entity has signed a
written agreement not to undertake cases or matters other
than in accordance with the specific priorities set by such
governing board, except in emergency situations defined by
such board and in accordance with the written procedures of
such board for such situations; and
(B) the staff of such person or entity provides to the
governing board on a quarterly basis, and to the Corporation
on an annual basis, information on all cases or matters
undertaken other than cases or matters undertaken in
accordance with such priorities;
(10) unless--
(A) prior to receiving the financial assistance, such
person or entity agrees to maintain records of time spent on
each case or matter with respect to which the person or
entity is engaged;
(B) any funds, including Interest on Lawyers Trust Account
funds, received from a source other than the Corporation by
the person or entity, and disbursements of such funds, are
accounted for and reported as receipts and disbursements,
respectively, separate and distinct from Corporation funds;
and
(C) the person or entity agrees (notwithstanding section
1006(b)(3) of the Legal Services Corporation Act (42 U.S.C.
2996e(b)(3)) to make the records described in this paragraph
available to any Federal department or agency that is
auditing or monitoring the activities of the Corporation or
of the recipient, and to any independent auditor or monitor
receiving Federal funds to conduct such auditing or
monitoring, including any auditor or monitor of the
Corporation;
(11) that provides legal assistance for or on behalf of any
alien, unless the alien is present in the United States and
is--
(A) an alien lawfully admitted for permanent residence as
defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20));
(B) an alien who--
(i) is married to a United States citizen or is a parent or
an unmarried child under the age of 21 years of such a
citizen; and
(ii) has filed an application to adjust the status of the
alien to the status of a lawful permanent resident under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
which application has not been rejected;
(C) an alien who is lawfully present in the United States
pursuant to an admission under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) (relating to refugee
admission) or who has been granted asylum by the Attorney
General under such Act;
(D) an alien who is lawfully present in the United States
as a result of withholding of deportation by the Attorney
General pursuant to section 243(h) of the Immigration and
Nationality Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Immigration Reform
and Control Act of 1986 (8 U.S.C. 1101 note) applies, but
only to the extent that the legal assistance provided is the
legal assistance described in such section; or
(F) an alien who is lawfully present in the United States
as a result of being granted conditional entry to the United
States before April 1, 1980, pursuant to section 203(a)(7) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as
in effect on March 31, 1980, because of persecution or fear
of persecution on account of race, religion, or political
calamity;
(12) that supports or conducts a training program for the
purpose of advocating a particular public policy or
encouraging a political activity, a labor or antilabor
activity, a boycott, picketing, a strike, or a demonstration,
including the dissemination of information about such a
policy or activity, except that this paragraph shall not be
construed to prohibit the provision of training to an
attorney or a paralegal to prepare the attorney or paralegal
to provide--
(A) adequate legal assistance to eligible clients; or
(B) advice to any eligible client as to the legal rights of
the client;
(13) that claims (or whose employee claims), or collects
and retains, attorneys' fees pursuant to any Federal or State
law permitting or requiring the awarding of such fees;
(14) that participates in any litigation with respect to
abortion;
(15) that participates in any litigation on behalf of a
person incarcerated in a Federal, State, or local prison;
(16) that initiates legal representation or participates in
any other way, in litigation, lobbying, or rulemaking,
involving an effort to reform a Federal or State welfare
system, except that this paragraph shall not be construed to
preclude a recipient from representing an individual eligible
client who is seeking specific relief from a welfare agency
if such relief does not involve an effort to amend or
otherwise challenge existing law in effect on the date of the
initiation of the representation;
(17) that defends a person in a proceeding to evict the
person from a public housing project if--
(A) the person has been charged with the illegal sale or
distribution of a controlled substance; and
(B) the eviction proceeding is brought by a public housing
agency because the illegal drug activity of the person
threatens the health or safety of another tenant residing in
the public housing project or employee of the public housing
agency;
(18) unless such person or entity agrees that the person or
entity, and the employees of the person or entity, will not
accept employment resulting from in-person unsolicited advice
to a nonattorney that such nonattorney should obtain counsel
or take legal action, and will not refer such nonattorney to
another person or entity or an employee of the person or
entity, that is receiving financial assistance provided by
the Corporation; or
[[Page 892]]
(19) unless such person or entity enters into a contractual
agreement to be subject to all provisions of Federal law
relating to the proper use of Federal funds, the violation of
which shall render any grant or contractual agreement to
provide funding null and void, and, for such purposes, the
Corporation shall be considered to be a Federal agency and
all funds provided by the Corporation shall be considered to
be Federal funds provided by grant or contract.
(b) Nothing in this section shall be construed to prohibit
a recipient from using funds from a source other than the
Legal Services Corporation for the purpose of contacting,
communicating with, or responding to a request from, a State
or local government agency, a State or local legislative body
or committee, or a member thereof, regarding funding for the
recipient, including a pending or proposed legislative or
agency proposal to fund such recipient.
(c) Not later than 30 days after the date of enactment of
this Act, the Legal Services Corporation shall promulgate a
suggested list of priorities that boards of directors may use
in setting priorities under subsection (a)(9).
(d)(1) The Legal Services Corporation shall not accept any
non-Federal funds, and no recipient shall accept funds from
any source other than the Corporation, unless the Corporation
or the recipient, as the case may be, notifies in writing the
source of the funds that the funds may not be expended for
any purpose prohibited by the Legal Services Corporation Act
or this title.
(2) Paragraph (1) shall not prevent a recipient from--
(A) receiving Indian tribal funds (including funds from
private nonprofit organizations for the benefit of Indians or
Indian tribes) and expending the tribal funds in accordance
with the specific purposes for which the tribal funds are
provided; or
(B) using funds received from a source other than the Legal
Services Corporation to provide legal assistance to a covered
individual if such funds are used for the specific purposes
for which such funds were received, except that such funds
may not be expended by recipients for any purpose prohibited
by this Act or by the Legal Services Corporation Act.
(e) Nothing in this section shall be construed to prohibit
a recipient from using funds derived from a source other than
the Legal Services Corporation to comment on public
rulemaking or to respond to a written request for information
or testimony from a Federal, State or local agency,
legislative body or committee, or a member of such an agency,
body, or committee, so long as the response is made only to
the parties that make the request and the recipient does not
arrange for the request to be made.
(f) As used in this section:
(1) The term ``controlled substance'' has the meaning given
the term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(2) The term ``covered individual'' means any person who--
(A) except as provided in subparagraph (B), meets the
requirements of this Act and the Legal Services Corporation
Act relating to eligibility for legal assistance; and
(B) may or may not be financially unable to afford legal
assistance.
(3) The term ``public housing project'' has the meaning as
used within, and the term ``public housing agency'' has the
meaning given the term, in section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a).
Sec. 505. None of the funds appropriated in this Act to the
Legal Services Corporation or provided by the Corporation to
any entity or person may be used to pay membership dues to
any private or nonprofit organization.
Sec. 506. None of the funds appropriated in this Act to the
Legal Services Corporation may be used by any person or
entity receiving financial assistance from the Corporation to
file or pursue a lawsuit against the Corporation.
Sec. 507. None of the funds appropriated in this Act to the
Legal Services Corporation may be used for any purpose
prohibited or contrary to any of the provisions of
authorization legislation for fiscal year 1996 for the Legal
Services Corporation that is enacted into law. Upon the
enactment of such Legal Services Corporation reauthorization
legislation, funding provided in this Act shall from that
date be subject to the provisions of that legislation and any
provisions in this Act that are inconsistent with that
legislation shall no longer have effect.
Sec. 508. (a) The requirements of section 504 shall apply
to the activities of a recipient described in section 504, or
an employee of such a recipient, during the provision of
legal assistance for a case or matter, if the recipient or
employee begins to provide the legal assistance on or after
the date of enactment of this Act.
(b) If the recipient or employee began to provide legal
assistance for the case or matter prior to the date of
enactment of this Act--
(1) each of the requirements of section 504 (other than
paragraphs (7), (11), (13), and (15) of subsection (a) of
such section) shall, beginning on the date of enactment of
this Act, apply to the activities of the recipient or
employee during the provision of legal assistance for the
case or matter;
(2) the requirements of paragraphs (7), (11), and (15) of
section 504(a) shall apply--
(A) beginning on the date of enactment of this Act, to the
activities of the recipient or employee during the provision
of legal assistance for any additional related claim for
which the recipient or employee begins to provide legal
assistance on or after such date; and
(B) beginning August 1, 1996, to all other activities of
the recipient or employee during the provision of legal
assistance for the case or matter; and
(3) the requirements of paragraph (13) of section 504(a)--
(A) shall apply beginning on the date of enactment of this
Act to the activities of the recipient or employee during the
provision of legal assistance for any additional related
claim for which the recipient or employee begins to provide
legal assistance on or after such date; and
(B) shall not apply to all other activities of the
recipient or employee during the provision of legal
assistance for the case or matter.
(c) The Legal Services Corporation shall, every 60 days,
submit to the Committees on Appropriations of the Senate and
House of Representatives a report setting forth the status of
cases and matters referred to in subsection (b)(2).
Sec. 509. (a) An audit of each person or entity receiving
financial assistance from the Legal Services Corporation
under this Act (referred to in this section as a
``recipient'') shall be conducted in accordance with
generally accepted government auditing standards and guidance
established by the Office of the Inspector General and shall
report whether--
(1) the financial statements of the recipient present
fairly its financial position and the results of its
financial operations in accordance with generally accepted
accounting principles;
(2) the recipient has internal control systems to provide
reasonable assurance that it is managing funds, regardless of
source, in compliance with Federal laws and regulations; and
(3) the recipient has complied with Federal laws and
regulations applicable to funds received, regardless of
source.
(b) In carrying out the requirements of subsection (a)(3),
the auditor shall select and test a representative number of
transactions and report all instances of noncompliance to the
recipient. The recipient shall report in writing any
noncompliance found by the auditor during the audit under
this section within 5 business days to the Office of the
Inspector General and shall provide a copy of the report
simultaneously to the auditor. If the recipient fails to
report the noncompliance, the auditor shall report the
noncompliance directly to the Office of the Inspector General
within 5 business days of the recipient's failure to report.
The auditor shall not be liable in a private action for any
finding, conclusion, or statement expressed in a report made
pursuant to this section.
(c) The audits required under this section shall be
provided for by the recipients and performed by independent
public accountants. The cost of such audits shall be shared
on a pro rata basis among all of the recipient's funding
providers and the appropriate share shall be an allowable
charge to the Federal funds provided by the Legal Services
Corporation. No audit costs may be charged to the Federal
funds when the audit required by this section has not been
made in accordance with the guidance promulgated by the
Office of the Inspector General.
If the recipient fails to have an acceptable audit in
accordance with the guidance promulgated by the Office of the
Inspector General, the following sanctions shall be available
to the Corporation as recommended by the Office of the
Inspector General:
(1) the withholding of a percentage of the recipient's
funding until the audit is completed satisfactorily.
(2) the suspension of recipient's funding until an
acceptable audit is completed.
(d) The Office of the Inspector General may remove,
suspend, or bar an independent public accountant, upon a
showing of good cause, from performing audit services
required by this section. Any such action to remove, suspend,
or bar an auditor shall be only after notice to the auditor
and an opportunity for hearing. The Office of the Inspector
General shall develop and issue rules of practice to
implement this paragraph.
(e) Any independent public accountant performing an audit
under this section who subsequently ceases to be the
accountant for the recipient shall promptly notify the Office
of the Inspector General pursuant to such rules as the Office
of the Inspector General shall prescribe.
(f) Audits conducted in accordance with this section shall
be in lieu of the financial audits otherwise required by
section 1009(c) of the Legal Services Corporation Act (42
U.S.C. 2996h(c)).
(g) The Office of the Inspector General is authorized to
conduct on-site monitoring, audits, and inspections in
accordance with Federal standards.
(h) Notwithstanding section 1006(b)(3) of the Legal
Services Corporation Act (42 U.S.C. 2996e(b)(3)), financial
records, time records, retainer agreements, client trust fund
and eligibility records, and client names, for each recipient
shall be made available to any auditor or monitor of the
recipient, including any Federal department or agency that is
auditing or monitoring the activities of the Corporation or
of the recipient, and any independent auditor or monitor
receiving Federal funds to conduct such auditing or
monitoring, including any auditor or monitor of the
Corporation, except for reports or records subject to the
attorney-client privilege.
(i) The Legal Services Corporation shall not disclose any
name or document referred to in subsection (h), except to--
[[Page 893]]
(1) a Federal, State, or local law enforcement official; or
(2) an official of an appropriate bar association for the
purpose of enabling the official to conduct an investigation
of a rule of professional conduct.
(j) The recipient management shall be responsible for
expeditiously resolving all reported audit reportable
conditions, findings, and recommendations, including those of
sub-recipients.
(k) The Legal Services Corporation shall--
(1) Follow up on significant reportable conditions,
findings, and recommendations found by the independent public
accountants and reported to Corporation management by the
Office of the Inspector General to ensure that instances of
deficiencies and noncompliance are resolved in a timely
manner, and
(2) Develop procedures to ensure effective follow-up that
meet at a minimum the requirements of Office of Management
and Budget Circular Number A-50.
(l) The requirements of this section shall apply to a
recipient for its first fiscal year beginning on or after
January 1, 1996.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,190,000.
Martin Luther King, Jr. Federal Holiday Commission
salaries and expenses
For necessary expenses of the Martin Luther King, Jr.
Federal Holiday Commission, as authorized by Public Law 98-
399, as amended, $350,000: Provided, That this shall be the
final Federal payment to the Martin Luther King, Jr. Federal
Holiday Commission for operations and necessary closing
costs.
Ounce of Prevention Council
For activities authorized by sections 30101 and 30102 of
Public Law 103-322 (including administrative costs),
$1,500,000, to remain available until expended, for the Ounce
of Prevention Grant Program: Provided, That the Council may
accept and use gifts and donations, both real and personal,
for the purpose of aiding or facilitating the authorized
activities of the Council, of which not to exceed $5,000 may
be used for official reception and representation expenses.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$287,738,000, of which $3,000,000 is for the Office of
Economic Analysis, to be headed by the Chief Economist of the
Commission, and of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (i)
such incidental expenses as meals taken in the course of such
attendance, (ii) any travel and transportation to or from
such meetings, and (iii) any other related lodging or
subsistence: Provided, That immediately upon enactment of
this Act, the rate of fees under section 6(b) of the
Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from
one-fiftieth of one percentum to one-twenty-ninth of one
percentum, and such increase shall be deposited as an
offsetting collection to this appropriation, to remain
available until expended, to recover costs of services of the
securities registration process: Provided further, That the
total amount appropriated for fiscal year 1996 under this
heading shall be reduced as such fees are deposited to this
appropriation so as to result in a final total fiscal year
1996 appropriation from the General Fund estimated at not
more than $103,445,000: Provided further, That any such fees
collected in excess of $184,293,000 shall remain available
until expended but shall not be available for obligation
until October 1, 1996: Provided further, That $1,000,000 of
the funds appropriated for the Commission shall be available
for the enforcement of the Investment Advisers Act of 1940 in
addition to any other appropriated funds designated by the
Commission for enforcement of such Act.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law
103-403, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344, and not to exceed
$3,500 for official reception and representation expenses,
$219,190,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan servicing
activities: Provided further, That notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further appropriations.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $8,500,000.
business loans program account
For the cost of direct loans, $4,500,000, and for the cost
of guaranteed loans, $156,226,000, as authorized by 15 U.S.C.
631 note, of which $1,216,000, to be available until
expended, shall be for the Microloan Guarantee Program, and
of which $40,510,000 shall remain available until September
30, 1997: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 1996, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized
under section 20(n)(2)(B) of the Small Business Act, as
amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $92,622,000, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $34,432,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan program, $71,578,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $2,530,000, to remain available without
fiscal year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 510. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by The State Justice Institute Authorization Act
of 1992 (Public Law 102-572 (106 Stat. 4515-4516)),
$5,000,000 to remain available until expended: Provided, That
not to exceed $2,500 shall be available for official
reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 605 (a) None of the funds provided under this Act, or
provided under previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1996, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous Appropria
[[Page 894]]
tions Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 1996,
or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that (1) augments
existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved
by Congress; or (3) results from any general savings from a
reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both Houses
of Congress are notified fifteen days in advance of such
reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for (1) opening or operating any United
States diplomatic or consular post in the Socialist Republic
of Vietnam that was not operating on July 11, 1995; (2)
expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was operating on July
11, 1995; or (3) increasing the total number of personnel
assigned to United States diplomatic or consular posts in the
Socialist Republic of Vietnam above the levels existing on
July 11, 1995, unless the President certifies within 60 days,
based upon all information available to the United States
Government that the Government of the Socialist Republic of
Vietnam is cooperating in full faith with the United States
in the following four areas:
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of POW/MLA's.
(4) Providing further assistance in implementing trilateral
investigations with Laos.
Sec. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds (1) that the United Nations undertaking is
a peacekeeping mission, (2) that such undertaking will
involve United States Armed Forces under the command or
operational control of a foreign national, and (3) that the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal
comforts in the Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration under the
heading ``Fleet Modernization, Shipbuilding and Conversion''
may be used to implement sections 603, 604, and 605 of Public
Law 102-567.
Sec. 613. None of the funds made available in this Act may
be used for ``USIA Television Marti Program'' under the
Television Broadcasting to Cuba Act or any other program of
United States Government television broadcasts to Cuba, when
it is made known to the Federal official having authority to
obligate or expend such funds that such use would be
inconsistent with the applicable provisions of the March 1995
Office of Cuba Broadcasting Reinventing Plan of the United
States Information Agency.
Sec. 614. (a)(1) Section 5002 of title 18, United States
Code, is repealed.
(2) The table of sections for chapter 401 of title 18,
United States Code, is amended by striking out the item
relating to the Advisory Corrections Council.
(b) This section shall take effect 30 days after the date
of the enactment of this Act.
Sec. 615. Any costs incurred by a Department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such Department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this provision is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 616. Notwithstanding section 106 of Public Law 104-91,
the general provisions for the Department of Justice that
were included in the conference report to accompany H.R. 2076
and were identified in the amendment to Public Law 104-91
made by section 211 of Public Law 104-99 shall continue to
remain in effect as enacted into law.
Sec. 617. Upon enactment of this Act, the provisions of
section 201(a) of Public Law 104-99 are superseded.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$65,000,000 are rescinded.
DEPARTMENT OF STATE
Administration of Foreign Affairs
acquisition and maintenance of buildings abroad
(rescission)
Of the unobligated balances available under this heading,
$64,500,000 are rescinded.
RELATED AGENCIES
United States Information Agency
radio construction
(rescission)
Of the unobligated balances available under this heading,
$7,400,000 are rescinded.
TITLE VIII--PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ``Prison Litigation Reform
Act of 1995''.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States
Code, is amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison
conditions
``(a) Requirements for Relief.--
``(1) Prospective relief.--(A) Prospective relief in any
civil action with respect to prison conditions shall extend
no further than necessary to correct the violation of the
Federal right of a particular plaintiff or plaintiffs. The
court shall not grant or approve any prospective relief
unless the court finds that such relief is narrowly drawn,
extends no further than necessary to correct the violation of
the Federal right, and is the least intrusive means necessary
to correct the violation of the Federal right. The court
shall give substantial weight to any adverse impact on public
safety or the operation of a criminal justice system caused
by the relief.
``(B) The court shall not order any prospective relief that
requires or permits a government official to exceed his or
her authority under State or local law or otherwise violates
State or local law, unless--
``(i) Federal law permits such relief to be ordered in
violation of State or local law;
``(ii) the relief is necessary to correct the violation of
a Federal right; and
``(iii) no other relief will correct the violation of the
Federal right.
``(C) Nothing in this section shall be construed to
authorize the courts, in exercising their remedial powers, to
order the construction of prisons or the raising of taxes, or
to repeal or detract from otherwise applicable limitations on
the remedial powers of the courts.
``(2) Preliminary injunctive relief.--In any civil action
with respect to prison conditions, to the extent otherwise
authorized by law, the court may enter a temporary
restraining order or an order for preliminary injunctive
relief. Preliminary injunctive relief must be narrowly drawn,
extend no further than necessary to correct the harm the
court finds requires preliminary relief, and be the least
intrusive means necessary to correct that harm. The court
shall give substantial weight to any adverse impact on public
safety or the operation of a criminal justice system caused
by the preliminary relief and shall respect the principles of
comity set out in paragraph (1)(B) in tailoring any
preliminary relief. Preliminary injunctive relief shall
automatically expire on the
[[Page 895]]
date that is 90 days after its entry, unless the court makes
the findings required under subsection (a)(1) for the entry
of prospective relief and makes the order final before the
expiration of the 90-day period.
``(3) Prisoner release order.--(A) In any civil action with
respect to prison conditions, no prisoner release order shall
be entered unless--
``(i) a court has previously entered an order for less
intrusive relief that has failed to remedy the deprivation of
the Federal right sought to be remedied through the prisoner
release order; and
``(ii) the defendant has had a reasonable amount of time to
comply with the previous court orders.
``(B) In any civil action in Federal court with respect to
prison conditions, a prisoner release order shall be entered
only by a three-judge court in accordance with section 2284
of title 28, if the requirements of subparagraph (E) have
been met.
``(C) A party seeking a prisoner release order in Federal
court shall file with any request for such relief, a request
for a three-judge court and materials sufficient to
demonstrate that the requirements of subparagraph (A) have
been met.
``(D) If the requirements under subparagraph (A) have been
met, a Federal judge before whom a civil action with respect
to prison conditions is pending who believes that a prison
release order should be considered may sua sponte request the
convening of a three-judge court to determine whether a
prisoner release order should be entered.
``(E) The three-judge court shall enter a prisoner release
order only if the court finds by clear and convincing
evidence that--
``(i) crowding is the primary cause of the violation of a
Federal right; and
``(ii) no other relief will remedy the violation of the
Federal right.
``(F) Any State or local official or unit of government
whose jurisdiction or function includes the appropriation of
funds for the construction, operation, or maintenance of
program facilities, or the prosecution or custody of persons
who may be released from, or not admitted to, a prison as a
result of a prisoner release order shall have standing to
oppose the imposition or continuation in effect of such
relief and to seek termination of such relief, and shall have
the right to intervene in any proceeding relating to such
relief.
``(b) Termination of Relief.--
``(1) Termination of prospective relief.--(A) In any civil
action with respect to prison conditions in which prospective
relief is ordered, such relief shall be terminable upon the
motion of any party or intervener--
``(i) 2 years after the date the court granted or approved
the prospective relief;
``(ii) 1 year after the date the court has entered an order
denying termination of prospective relief under this
paragraph; or
``(iii) in the case of an order issued on or before the
date of enactment of the Prison Litigation Reform Act, 2
years after such date of enactment.
``(B) Nothing in this section shall prevent the parties
from agreeing to terminate or modify relief before the relief
is terminated under subparagraph (A).
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant
or intervener shall be entitled to the immediate termination
of any prospective relief if the relief was approved or
granted in the absence of a finding by the court that the
relief is narrowly drawn, extends no further than necessary
to correct the violation of the Federal right, and is the
least intrusive means necessary to correct the violation of
the Federal right.
``(3) Limitation.--Prospective relief shall not terminate
if the court makes written findings based on the record that
prospective relief remains necessary to correct a current or
ongoing violation of the Federal right, extends no further
than necessary to correct the violation of the Federal right,
and that the prospective relief is narrowly drawn and the
least intrusive means to correct the violation.
``(4) Termination or modification of relief.--Nothing in
this section shall prevent any party or intervener from
seeking modification or termination before the relief is
terminable under paragraph (1) or (2), to the extent that
modification or termination would otherwise be legally
permissible.
``(c) Settlements.--
``(1) Consent decrees.--In any civil action with respect to
prison conditions, the court shall not enter or approve a
consent decree unless it complies with the limitations on
relief set forth in subsection (a).
``(2) Private settlement agreements.--(A) Nothing in this
section shall preclude parties from entering into a private
settlement agreement that does not comply with the
limitations on relief set forth in subsection (a), if the
terms of that agreement are not subject to court enforcement
other than the reinstatement of the civil proceeding that the
agreement settled.
``(B) Nothing in this section shall preclude any party
claiming that a private settlement agreement has been
breached from seeking in State court any remedy available
under State law.
``(d) State Law Remedies.--The limitations on remedies in
this section shall not apply to relief entered by a State
court based solely upon claims arising under State law.
``(e) Procedure for Motions Affecting Prospective Relief.--
``(1) Generally.--The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil
action with respect to prison conditions.
``(2) Automatic stay.--Any prospective relief subject to a
pending motion shall be automatically stayed during the
period--
``(A)(i) beginning on the 30th day after such motion is
filed, in the case of a motion made under paragraph (1) or
(2) of subsection (b); or
``(ii) beginning on the 180th day after such motion is
filed, in the case of a motion made under any other law; and
``(B) ending on the date the court enters a final order
ruling on the motion.
``(f) Special Masters.--
``(1) In general.--(A) In any civil action in a Federal
court with respect to prison conditions, the court may
appoint a special master who shall be disinterested and
objective and who will give due regard to the public safety,
to conduct hearings on the record and prepare proposed
findings of fact.
``(B) The court shall appoint a special master under this
subsection during the remedial phase of the action only upon
a finding that the remedial phase will be sufficiently
complex to warrant the appointment.
``(2) Appointment.--(A) If the court determines that the
appointment of a special master is necessary, the court shall
request that the defendant institution and the plaintiff each
submit a list of not more than 5 persons to serve as a
special master.
``(B) Each party shall have the opportunity to remove up to
3 persons from the opposing party's list.
``(C) The court shall select the master from the persons
remaining on the list after the operation of subparagraph
(B).
``(3) Interlocutory appeal.--Any party shall have the right
to an interlocutory appeal of the judge's selection of the
special master under this subsection, on the ground of
partiality.
``(4) Compensation.--The compensation to be allowed to a
special master under this section shall be based on an hourly
rate not greater than the hourly rate established under
section 3006A for payment of court-appointed counsel, plus
costs reasonably incurred by the special master. Such
compensation and costs shall be paid with funds appropriated
to the Judiciary.
``(5) Regular review of appointment.--In any civil action
with respect to prison conditions in which a special master
is appointed under this subsection, the court shall review
the appointment of the special master every 6 months to
determine whether the services of the special master continue
to be required under paragraph (1). In no event shall the
appointment of a special master extend beyond the termination
of the relief.
``(6) Limitations on powers and duties.--A special master
appointed under this subsection--
``(A) may be authorized by a court to conduct hearings and
prepare proposed findings of fact, which shall be made on the
record;
``(B) shall not make any findings or communications ex
parte;
``(C) may be authorized by a court to assist in the
development of remedial plans; and
``(D) may be removed at any time, but shall be relieved of
the appointment upon the termination of relief.
``(g) Definitions.--As used in this section--
``(1) the term `consent decree' means any relief entered by
the court that is based in whole or in part upon the consent
or acquiescence of the parties but does not include private
settlements;
``(2) the term `civil action with respect to prison
conditions' means any civil proceeding arising under Federal
law with respect to the conditions of confinement or the
effects of actions by government officials on the lives of
persons confined in prison, but does not include habeas
corpus proceedings challenging the fact or duration of
confinement in prison;
``(3) the term `prisoner' means any person subject to
incarceration, detention, or admission to any facility who is
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or
diversionary program;
``(4) the term `prisoner release order' includes any order,
including a temporary restraining order or preliminary
injunctive relief, that has the purpose or effect of reducing
or limiting the prison population, or that directs the
release from or nonadmission of prisoners to a prison;
``(5) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(6) the term `private settlement agreement' means an
agreement entered into among the parties that is not subject
to judicial enforcement other than the reinstatement of the
civil proceeding that the agreement settled;
``(7) the term `prospective relief' means all relief other
than compensatory monetary damages;
``(8) the term `special master' means any person appointed
by a Federal court pursuant to Rule 53 of the Federal Rules
of Civil Procedure or pursuant to any inherent power of the
court to exercise the powers of a master, regardless of the
title or description given by the court; and
``(9) the term `relief' means all relief in any form that
may be granted or approved by the court, and includes consent
decrees but does not include private settlement
agreements.''.
(b) Application of Amendment.--
[[Page 896]]
(1) In general.--Section 3626 of title 18, United States
Code, as amended by this section, shall apply with respect to
all prospective relief whether such relief was originally
granted or approved before, on, or after the date of the
enactment of this title.
(2) Technical amendment.--Subsections (b) and (d) of
section 20409 of the Violent Crime Control and Law
Enforcement Act of 1994 are repealed.
(c) Clerical Amendment.--The table of sections at the
beginning of subchapter C of chapter 229 of title 18, United
States Code, is amended to read as follows:
``3626. Appropriate remedies with respect to prison conditions.''.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED
PERSONS ACT.
(a) Initiation of Civil Actions.--Section 3(c) of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c))
(referred to in this section as the ``Act'') is amended to
read as follows:
``(c) The Attorney General shall personally sign any
complaint filed pursuant to this section.''.
(b) Certification Requirements.--Section 4 of the Act (42
U.S.C. 1997b) is amended--
(1) in subsection (a)--
(A) by striking ``he'' each place it appears and inserting
``the Attorney General''; and
(B) by striking ``his'' and inserting ``the Attorney
General's''; and
(2) by amending subsection (b) to read as follows:
``(b) The Attorney General shall personally sign any
certification made pursuant to this section.''.
(c) Intervention in Actions.--Section 5 of the Act (42
U.S.C. 1997c) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``he'' each place it
appears and inserting ``the Attorney General''; and
(B) by amending paragraph (2) to read as follows:
``(2) The Attorney General shall personally sign any
certification made pursuant to this section.''; and
(2) by amending subsection (c) to read as follows:
``(c) The Attorney General shall personally sign any motion
to intervene made pursuant to this section.''.
(d) Suits by Prisoners.--Section 7 of the Act (42 U.S.C.
1997e) is amended to read as follows:
``SEC. 7. SUITS BY PRISONERS.
``(a) Applicability of Administrative Remedies.--No action
shall be brought with respect to prison conditions under
section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983), or any other Federal law, by a prisoner
confined in any jail, prison, or other correctional facility
until such administrative remedies as are available are
exhausted.
``(b) Failure of State To Adopt or Adhere to Administrative
Grievance Procedure.--The failure of a State to adopt or
adhere to an administrative grievance procedure shall not
constitute the basis for an action under section 3 or 5 of
this Act.
``(c) Dismissal.--(1) The court shall on its own motion or
on the motion of a party dismiss any action brought with
respect to prison conditions under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983), or
any other Federal law, by a prisoner confined in any jail,
prison, or other correctional facility if the court is
satisfied that the action is frivolous, malicious, fails to
state a claim upon which relief can be granted, or seeks
monetary relief from a defendant who is immune from such
relief.
``(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is
immune from such relief, the court may dismiss the underlying
claim without first requiring the exhaustion of
administrative remedies.
``(d) Attorney's Fees.--(1) In any action brought by a
prisoner who is confined to any jail, prison, or other
correctional facility, in which attorney's fees are
authorized under section 2 of the Revised Statutes of the
United States (42 U.S.C. 1988), such fees shall not be
awarded, except to the extent that--
``(A) the fee was directly and reasonably incurred in
proving an actual violation of the plaintiff's rights
protected by a statute pursuant to which a fee may be awarded
under section 2 of the Revised Statutes; and
``(B)(i) the amount of the fee is proportionately related
to the court ordered relief for the violation; or
``(ii) the fee was directly and reasonably incurred in
enforcing the relief ordered for the violation.
``(2) Whenever a monetary judgment is awarded in an action
described in paragraph (1), a portion of the judgment (not to
exceed 25 percent) shall be applied to satisfy the amount of
attorney's fees awarded against the defendant. If the award
of attorney's fees is not greater than 150 percent of the
judgment, the excess shall be paid by the defendant.
``(3) No award of attorney's fees in an action described in
paragraph (1) shall be based on an hourly rate greater than
150 percent of the hourly rate established under section
3006A of title 18, United States Code, for payment of court-
appointed counsel.
``(4) Nothing in this subsection shall prohibit a prisoner
from entering into an agreement to pay an attorney's fee in
an amount greater than the amount authorized under this
subsection, if the fee is paid by the individual rather than
by the defendant pursuant to section 2 of the Revised
Statutes of the United States (42 U.S.C. 1988).
``(e) Limitation on Recovery.--No Federal civil action may
be brought by a prisoner confined in a jail, prison, or other
correctional facility, for mental or emotional injury
suffered while in custody without a prior showing of physical
injury.
``(f) Hearings.--(1) To the extent practicable, in any
action brought with respect to prison conditions in Federal
court pursuant to section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983), or any other Federal law, by
a prisoner confined in any jail, prison, or other
correctional facility, pretrial proceedings in which the
prisoner's participation is required or permitted shall be
conducted by telephone, video conference, or other
telecommunications technology without removing the prisoner
from the facility in which the prisoner is confined.
``(2) Subject to the agreement of the official of the
Federal, State, or local unit of government with custody over
the prisoner, hearings may be conducted at the facility in
which the prisoner is confined. To the extent practicable,
the court shall allow counsel to participate by telephone,
video conference, or other communications technology in any
hearing held at the facility.
``(g) Waiver of Reply.--(1) Any defendant may waive the
right to reply to any action brought by a prisoner confined
in any jail, prison, or other correctional facility under
section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) or any other Federal law. Notwithstanding any
other law or rule of procedure, such waiver shall not
constitute an admission of the allegations contained in the
complaint. No relief shall be granted to the plaintiff unless
a reply has been filed.
``(2) The court may require any defendant to reply to a
complaint brought under this section if it finds that the
plaintiff has a reasonable opportunity to prevail on the
merits.
``(h) Definition.--As used in this section, the term
`prisoner' means any person incarcerated or detained in any
facility who is accused of, convicted of, sentenced for, or
adjudicated delinquent for, violations of criminal law or the
terms and conditions of parole, probation, pretrial release,
or diversionary program.''.
(e) Report to Congress.--Section 8 of the Act (42 U.S.C.
1997f) is amended by striking ``his report'' and inserting
``the report''.
(f) Notice to Federal Departments.--Section 10 of the Act
(42 U.S.C. 1997h) is amended--
(1) by striking ``his action'' and inserting ``the
action''; and
(2) by striking ``he is satisfied'' and inserting ``the
Attorney General is satisfied''.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) Filing Fees.--Section 1915 of title 28, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Any'' and inserting ``(a)(1) Subject
to subsection (b), any'';
(B) by striking ``and costs'';
(C) by striking ``makes affidavit'' and inserting ``submits
an affidavit that includes a statement of all assets such
prisoner possesses'';
(D) by striking ``such costs'' and inserting ``such fees'';
(E) by striking ``he'' each place it appears and inserting
``the person'';
(F) by adding immediately after paragraph
(1), the following new paragraph:
``(2) A prisoner seeking to bring a civil action or appeal
a judgment in a civil action or proceeding without prepayment
of fees or security therefor, in addition to filing the
affidavit filed under paragraph (1), shall submit a certified
copy of the trust fund account statement (or institutional
equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice
of appeal, obtained from the appropriate official of each
prison at which the prisoner is or was confined.''; and
(G) by striking ``An appeal'' and inserting ``(3) An
appeal'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b)(1) Notwithstanding subsection (a), if a prisoner
brings a civil action or files an appeal in forma pauperis,
the prisoner shall be required to pay the full amount of a
filing fee. The court shall assess and, when funds exist,
collect, as a partial payment of any court fees required by
law, an initial partial filing fee of 20 percent of the
greater of--
``(A) the average monthly deposits to the prisoner's
account; or
``(B) the average monthly balance in the prisoner's account
for the 6-month period immediately preceding the filing of
the complaint or notice of appeal.
``(2) After payment of the initial partial filing fee, the
prisoner shall be required to make monthly payments of 20
percent of the preceding month's income credited to the
prisoner's account. The agency having custody of the prisoner
shall forward payments from the prisoner's account to the
clerk of the court each time the amount in the account
exceeds $10 until the filing fees are paid.
``(3) In no event shall the filing fee collected exceed the
amount of fees permitted by statute for the commencement of a
civil action or an appeal of a civil action or criminal
judgment.
``(4) In no event shall a prisoner be prohibited from
bringing a civil action or appealing a civil or criminal
judgment for the reason that the prisoner has no assets and
no means by which to pay the initial partial filing fee.'';
[[Page 897]]
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a) of this section'' and inserting
``subsections (a) and (b) and the prepayment of any partial
filing fee as may be required under subsection (b)''; and
(5) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) The court may request an attorney to represent any
person unable to afford counsel.
``(2) Notwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss the
case at any time if the court determines that--
``(A) the allegation of poverty is untrue; or
``(B) the action or appeal--
``(i) is frivolous or malicious;
``(ii) fails to state a claim on which relief may be
granted; or
``(iii) seeks monetary relief against a defendant who is
immune from such relief.''.
(b) Exception to Discharge of Debt in Bankruptcy
Proceeding.--Section 523(a) of title 11, United States Code,
is amended--
(1) in paragraph (16), by striking the period at the end
and inserting ``; or''; and
(2) by adding at the end the following new paragraph:
``(17) for a fee imposed by a court for the filing of a
case, motion, complaint, or appeal, or for other costs and
expenses assessed with respect to such filing, regardless of
an assertion of poverty by the debtor under section 1915 (b)
or (f) of title 28, or the debtor's status as a prisoner, as
defined in section 1915(h) of title 28.''.
(c) Costs.--Section 1915(f) of title 28, United States Code
(as redesignated by subsection (a)(2)), is amended--
(1) by striking ``(f) Judgment'' and inserting ``(f)(1)
Judgment'';
(2) by striking ``cases'' and inserting ``proceedings'';
and
(3) by adding at the end the following new paragraph:
``(2)(A) If the judgment against a prisoner includes the
payment of costs under this subsection, the prisoner shall be
required to pay the full amount of the costs ordered.
``(B) The prisoner shall be required to make payments for
costs under this subsection in the same manner as is provided
for filing fees under subsection (a)(2).
``(C) In no event shall the costs collected exceed the
amount of the costs ordered by the court.''.
(d) Successive Claims.--Section 1915 of title 28, United
States Code, is amended by adding at the end the following
new subsection:
``(g) In no event shall a prisoner bring a civil action or
appeal a judgment in a civil action or proceeding under this
section if the prisoner has, on 3 or more prior occasions,
while incarcerated or detained in any facility, brought an
action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious
physical injury.''.
(e) Definition.--Section 1915 of title 28, United States
Code, is amended by adding at the end the following new
subsection:
``(h) As used in this section, the term `prisoner' means
any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or
diversionary program.''.
SEC. 805. JUDICIAL SCREENING.
(a) In General.--Chapter 123 of title 28, United States
Code, is amended by inserting after section 1915 the
following new section:
``Sec. 1915A. Screening
``(a) Screening.--The court shall review, before docketing,
if feasible or, in any event, as soon as practicable after
docketing, a complaint in a civil action in which a prisoner
seeks redress from a governmental entity or officer or
employee of a governmental entity.
``(b) Grounds for Dismissal.--On review, the court shall
identify cognizable claims or dismiss the complaint, or any
portion of the complaint, if the complaint--
``(1) is frivolous, malicious, or fails to state a claim
upon which relief may be granted; or
``(2) seeks monetary relief from a defendant who is immune
from such relief.
``(c) Definition.--As used in this section, the term
`prisoner' means any person incarcerated or detained in any
facility who is accused of, convicted of, sentenced for, or
adjudicated delinquent for, violations of criminal law or the
terms and conditions of parole, probation, pretrial release,
or diversionary program.''.
(b) Technical Amendment.--The analysis for chapter 123 of
title 28, United States Code, is amended by inserting after
the item relating to section 1915 the following new item:
``1915A. Screening.''.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is
amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) No person convicted of a felony who is incarcerated
while awaiting sentencing or while serving a sentence may
bring a civil action against the United States or an agency,
officer, or employee of the Government, for mental or
emotional injury suffered while in custody without a prior
showing of physical injury.''.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING
RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in
connection with a civil action brought against any Federal,
State, or local jail, prison, or correctional facility or
against any official or agent of such jail, prison, or
correctional facility, shall be paid directly to satisfy any
outstanding restitution orders pending against the prisoner.
The remainder of any such award after full payment of all
pending restitution orders shall be forwarded to the
prisoner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.
Prior to payment of any compensatory damages awarded to a
prisoner in connection with a civil action brought against
any Federal, State, or local jail, prison, or correctional
facility or against any official or agent of such jail,
prison, or correctional facility, reasonable efforts shall be
made to notify the victims of the crime for which the
prisoner was convicted and incarcerated concerning the
pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT
REVOCATION.
(a) In General.--Chapter 123 of title 28, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1932. Revocation of earned release credit
``In any civil action brought by an adult convicted of a
crime and confined in a Federal correctional facility, the
court may order the revocation of such earned good time
credit under section 3624(b) of title 18, United States Code,
that has not yet vested, if, on its own motion or the motion
of any party, the court finds that--
``(1) the claim was filed for a malicious purpose;
``(2) the claim was filed solely to harass the party
against which it was filed; or
``(3) the claimant testifies falsely or otherwise knowingly
presents false evidence or information to the court.''.
(b) Technical Amendment.--The analysis for chapter 123 of
title 28, United States Code, is amended by inserting after
the item relating to section 1931 the following:
``1932. Revocation of earned release credit.''.
(c) Amendment of Section 3624 of Title 18.--Section 3624(b)
of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking the first sentence;
(B) in the second sentence--
(i) by striking ``A prisoner'' and inserting ``Subject to
paragraph (2), a prisoner'';
(ii) by striking ``for a crime of violence,''; and
(iii) by striking ``such'';
(C) in the third sentence, by striking ``If the Bureau''
and inserting ``Subject to paragraph (2), if the Bureau'';
(D) by striking the fourth sentence and inserting the
following: ``In awarding credit under this section, the
Bureau shall consider whether the prisoner, during the
relevant period, has earned, or is making satisfactory
progress toward earning, a high school diploma or an
equivalent degree.''; and
(E) in the sixth sentence, by striking ``Credit for the
last'' and inserting ``Subject to paragraph (2), credit for
the last''; and
(2) by amending paragraph (2) to read as follows:
``(2) Notwithstanding any other law, credit awarded under
this subsection after the date of enactment of the Prison
Litigation Reform Act shall vest on the date the prisoner is
released from custody.''.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by this
title, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional,
the remainder of this title, the amendments made by this
title, and the application of the provisions of such to any
person or circumstance shall not be affected thereby.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1996.''.
(b) For programs, projects or activities in the District of
Columbia Appropriations Act, 1996, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
An Act making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1996, and for other
purposes.
TITLE I--FISCAL YEAR 1996 APPROPRIATIONS
Federal Payment to the District of Columbia
For payment to the District of Columbia for the fiscal year
ending September 30, 1996, $660,000,000, as authorized by
section 502(a) of the District of Columbia Self-Government
and Governmental Reorganization Act, Public Law 93-198, as
amended (D.C. Code, sec. 47-3406.1).
Federal Contribution to Retirement Funds
For the Federal contribution to the Police Officers and
Fire Fighters', Teachers', and Judges' Retirement Funds, as
authorized by the District of Columbia Retirement Reform Act,
approved November 17, 1979 (93 Stat. 866; Public Law 96-122),
$52,070,000.
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided.
[[Page 898]]
Governmental Direction and Support
Governmental direction and support, $149,130,000 and 1,498
full-time equivalent positions (end of year) (including
$117,464,000 and 1,158 full-time equivalent positions from
local funds, $2,464,000 and 5 full-time equivalent positions
from Federal funds, $4,474,000 and 71 full-time equivalent
positions from other funds, and $24,728,000 and 264 full-time
equivalent positions from intra-District funds): Provided,
That not to exceed $2,500 for the Mayor, $2,500 for the
Chairman of the Council of the District of Columbia, and
$2,500 for the City Administrator shall be available from
this appropriation for expenditures for official purposes:
Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood
from its own locally-generated revenues: Provided further,
That $29,500,000 is for pay-as-you-go capital projects of
which $1,500,000 shall be for a capital needs assessment
study, and $28,000,000 shall be for a new financial
management system, if so determined following the evaluation
and review process subsequently described in this paragraph,
of which $2,000,000 shall be used to develop a needs analysis
and assessment of the existing financial management
environment, and the remaining $26,000,000 shall be used to
procure the necessary hardware and installation of new
software, conversion, testing and training: Provided further,
That the $26,000,000 shall not be obligated or expended
until: (1) the District of Columbia Financial Responsibility
and Management Assistance Authority submits a report to the
Committees on Appropriations of the House and the Senate, the
Committee on Governmental Reform and Oversight of the House,
and the Committee on Governmental Affairs of the Senate
reporting the results of a needs analysis and assessment of
the existing financial management environment, specifying the
deficiencies in, and recommending necessary improvements to
or replacement of the District's financial management system
including a detailed explanation of each recommendation and
its estimated cost; and (2) 30 days lapse after receipt of
the report by Congress: Provided further, That the District
of Columbia government shall enter into negotiations with
Gallaudet University to transfer, at a fair market value
rate, Hamilton School from the District of Columbia to
Gallaudet University with the proceeds, if such a sale takes
place, deposited into the general fund of the District and
used to improve public school facilities in the same ward as
the Hamilton School.
Economic Development and Regulation
Economic development and regulation, $140,983,000 and 1,692
full-time equivalent positions (end-of-year) (including
$68,203,000 and 698 full-time equivalent positions from local
funds, $38,792,000 and 509 full-time equivalent positions
from Federal funds, $17,658,000 and 258 full-time equivalent
positions from other funds, and $16,330,000 and 227 full-time
equivalent positions from intra-District funds): Provided,
That the District of Columbia Housing Finance Agency,
established by section 201 of the District of Columbia
Housing Finance Agency Act, effective March 3, 1979 (D.C. Law
2-135; D.C. Code, sec. 45-2111), based upon its capability of
repayments as determined each year by the Council of the
District of Columbia from the Housing Finance Agency's annual
audited financial statements to the Council of the District
of Columbia, shall repay to the general fund an amount equal
to the appropriated administrative costs plus interest at a
rate of four percent per annum for a term of 15 years, with a
deferral of payments for the first three years: Provided
further, That notwithstanding the foregoing provision, the
obligation to repay all or part of the amounts due shall be
subject to the rights of the owners of any bonds or notes
issued by the Housing Finance Agency and shall be repaid to
the District of Columbia government only from available
operating revenues of the Housing Finance Agency that are in
excess of the amounts required for debt service, reserve
funds, and operating expenses: Provided further, That upon
commencement of the debt service payments, such payments
shall be deposited into the general fund of the District of
Columbia.
Public Safety and Justice
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, including
130 for police-type use and five for fire-type use, without
regard to the general purchase price limitation for the
current fiscal year, $963,848,000 and 11,544 full-time
equivalent positions (end-of-year) (including $940,631,000
and 11,365 full-time equivalent positions from local funds,
$8,942,000 and 70 full-time equivalent positions from Federal
funds, $5,160,000 and 4 full-time equivalent positions from
other funds, and $9,115,000 and 105 full-time equivalent
positions from intra-District funds): Provided, That the
Metropolitan Police Department is authorized to replace not
to exceed 25 passenger-carrying vehicles and the Fire
Department of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles
annually whenever the cost of repair to any damaged vehicle
exceeds three-fourths of the cost of the replacement:
Provided further, That not to exceed $500,000 shall be
available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That
the Metropolitan Police Department shall provide quarterly
reports to the Committees on Appropriations of the House and
Senate on efforts to increase efficiency and improve the
professionalism in the department: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police Department
to submit to any other procurement review process, or to
obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: Provided further,
That $250,000 is used for the Georgetown Summer Detail;
$200,000 is used for East of the River Detail; $100,000 is
used for Adams Morgan Detail; and $100,000 is used for the
Capitol Hill Summer Detail: Provided further, That the
Metropolitan Police Department shall employ an authorized
level of sworn officers not to be less than 3,800 sworn
officers for the fiscal year ending September 30, 1996:
Provided further, That funds appropriated for expenses under
the District of Columbia Criminal Justice Act, approved
September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C.
Code, sec. 11-2601 et seq.), for the fiscal year ending
September 30, 1996, shall be available for obligations
incurred under the Act in each fiscal year since inception in
the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia
Neglect Representation Equity Act of 1984, effective March
13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the
fiscal year ending September 30, 1996, shall be available for
obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1985: Provided further, That
funds appropriated for expenses under the District of
Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986, effective February 27, 1987
(D.C. Law 6-204; D.C. Code, sec. 21-2060), for the fiscal
year ending September 30, 1996, shall be available for
obligations incurred under the Act in each fiscal year since
inception in fiscal year 1989: Provided further, That not to
exceed $1,500 for the Chief Judge of the District of Columbia
Court of Appeals, $1,500 for the Chief Judge of the Superior
Court of the District of Columbia, and $1,500 for the
Executive Officer of the District of Columbia Courts shall be
available from this appropriation for official purposes:
Provided further, That the District of Columbia shall operate
and maintain a free, 24-hour telephone information service
whereby residents of the area surrounding Lorton prison in
Fairfax County, Virginia, can promptly obtain information
from District of Columbia government officials on all
disturbances at the prison, including escapes, riots, and
similar incidents: Provided further, That the District of
Columbia government shall also take steps to publicize the
availability of the 24-hour telephone information service
among the residents of the area surrounding the Lorton
prison: Provided further, That not to exceed $100,000 of this
appropriation shall be used to reimburse Fairfax County,
Virginia, and Prince William County, Virginia, for expenses
incurred by the counties during the fiscal year ending
September 30, 1996, in relation to the Lorton prison complex:
Provided further, That such reimbursements shall be paid in
all instances in which the District requests the counties to
provide police, fire, rescue, and related services to help
deal with escapes, fires, riots, and similar disturbances
involving the prison: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for
expenses incurred in connection with services that are
performed in emergencies by the National Guard in a militia
status and are requested by the Mayor, in amounts that shall
be jointly determined and certified as due and payable for
these services by the Mayor and the Commanding General of the
District of Columbia National Guard: Provided further, That
such sums as may be necessary for reimbursement to the
District of Columbia National Guard under the preceding
proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting
payment in advance for emergency services involved.
Public Education System
Public education system, including the development of
national defense education programs, $795,201,000 and 11,670
full-time equivalent positions (end-of-year) (including
$676,251,000 and 9,996 full-time equivalent positions from
local funds, $87,385,000 and 1,227 full-time equivalent
positions from Federal funds, $21,719,000 and 234 full-time
equivalent positions from other funds, and $9,846,000 and 213
full-time equivalent positions from intra-District funds), to
be allocated as follows: $580,996,000 and 10,167 full-time
equivalent positions (including $498,310,000 and 9,014 full-
time equivalent positions from local funds, $75,786,000 and
1,058 full-time equivalent positions from Federal funds,
$4,343,000 and 44 full-time equivalent positions from other
funds, and $2,557,000 and 51 full-time equivalent positions
from intra-District funds), for the public schools of the
District of Columbia; $111,800,000 (including $111,000,000
from local funds and $800,000 from intra-District funds)
shall be allocated for the District of Columbia Teachers'
Retirement Fund;
[[Page 899]]
$79,396,000 and 1,079 full-time equivalent positions
(including $45,377,000 and 572 full-time equivalent positions
from local funds, $10,611,000 and 156 full-time equivalent
positions from Federal funds, $16,922,000 and 189 full-time
equivalent positions from other funds, and $6,486,000 and 162
full-time equivalent positions from intra-District funds) for
the University of the District of Columbia; $20,742,000 and
415 full-time equivalent positions (including $19,839,000 and
408 full-time equivalent positions from local funds, $446,000
and 6 full-time equivalent positions from Federal funds,
$454,000 and 1 full-time equivalent position from other
funds, and $3,000 from intra-District funds) for the Public
Library; $2,267,000 and 9 full-time equivalent positions
(including $1,725,000 and 2 full-time equivalent positions
from local funds and $542,000 and 7 full-time equivalent
positions from Federal funds) for the Commission on the Arts
and Humanities: Provided, That the public schools of the
District of Columbia are authorized to accept not to exceed
31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the
University of the District of Columbia, and $2,000 for the
Public Librarian shall be available from this appropriation
for expenditures for official purposes: Provided further,
That this appropriation shall not be available to subsidize
the education of nonresidents of the District of Columbia at
the University of the District of Columbia, unless the Board
of Trustees of the University of the District of Columbia
adopts, for the fiscal year ending September 30, 1996, a
tuition rate schedule that will establish the tuition rate
for nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public
institutions of higher education in the metropolitan area.
Human Support Services
Human support services, $1,855,014,000 and 6,469 full-time
equivalent positions (end-of-year) (including $1,076,856,000
and 3,650 full-time equivalent positions from local funds,
$726,685,000 and 2,639 full-time equivalent positions from
Federal funds, $46,799,000 and 66 full-time equivalent
positions from other funds, and $4,674,000 and 114 full-time
equivalent positions from intra-District funds): Provided,
That $26,000,000 of this appropriation, to remain available
until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided
further, That the District shall not provide free government
services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar
services to any legally constituted private nonprofit
organization (as defined in section 411(5) of Public Law 100-
77, approved July 22, 1987) providing emergency shelter
services in the District, if the District would not be
qualified to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Assistance Act, approved July 22, 1987 (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and purchase of passenger-carrying vehicles for replacement
only, $297,568,000 and 1,914 full-time equivalent positions
(end-of-year) (including $225,915,000 and 1,158 full-time
equivalent positions from local funds, $2,682,000 and 32
full-time equivalent positions from Federal funds,
$18,342,000 and 68 full-time equivalent positions from other
funds, and $50,629,000 and 656 full-time equivalent positions
from intra-District funds): Provided, That this appropriation
shall not be available for collecting ashes or miscellaneous
refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise
Fund, $5,400,000 from local funds.
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in
compliance with An Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the
District of Columbia, approved August 7, 1946 (60 Stat. 896;
Public Law 79-648); section 1 of An Act to authorize the
Commissioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs
of maintaining the Nation's Capital City, approved June 6,
1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
219); section 4 of An Act to authorize the Commissioners of
the District of Columbia to plan, construct, operate, and
maintain a sanitary sewer to connect the Dulles International
Airport with the District of Columbia system, approved June
12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and
743(f) of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973, approved December
24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C.
Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131;
D.C. Code, sec. 9-219, note), including interest as required
thereby, $327,787,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990,
$38,678,000 from local funds, as authorized by section 461(a)
of the District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973, as amended
(105 Stat. 540; Public Law 102-106; D.C. Code, sec. 47-
321(a)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $9,698,000
from local funds.
Pay Renegotiation or Reduction in Compensation
The Mayor shall reduce appropriations and expenditures for
personal services in the amount of $46,409,000, by decreasing
rates of compensation for District government employees; such
decreased rates are to be realized from employees who are
subject to collective bargaining agreements to the extent
possible through the renegotiation of existing collective
bargaining agreements: Provided, That, if a sufficient
reduction from employees who are subject to collective
bargaining agreements is not realized through renegotiating
existing agreements, the Mayor shall decrease rates of
compensation for such employees, notwithstanding the
provisions of any collective bargaining agreements: Provided
further, That the Congress hereby ratifies and approves
legislation enacted by the Council of the District of
Columbia during fiscal year 1995 to reduce the compensation
and benefits of all employees of the District of Columbia
government during that fiscal year: Provided further, That
notwithstanding any other provision of law, the legislation
enacted by the Council of the District of Columbia during
fiscal year 1995 to reduce the compensation and benefits of
all employees of the District of Columbia government during
that fiscal year shall be deemed to have been ratified and
approved by the Congress during fiscal year 1995.
Rainy Day Fund
For mandatory unavoidable expenditures within one or
several of the various appropriation headings of this Act, to
be allocated to the budgets for personal services and
nonpersonal services as requested by the Mayor and approved
by the Council pursuant to the procedures in section 4 of the
Reprogramming Policy Act of 1980, effective September 16,
1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $4,563,000
from local funds: Provided, That the District of Columbia
shall provide to the Committees on Appropriations of the
House of Representatives and the Senate quarterly reports by
the 15th day of the month following the end of the quarter
showing how monies provided under this fund are expended with
a final report providing a full accounting of the fund due
October 15, 1996 or not later than 15 days after the last
amount remaining in the fund is disbursed.
Incentive Buyout Program
For the purpose of funding costs associated with the
incentive buyout program, to be apportioned by the Mayor of
the District of Columbia within the various appropriation
headings in this Act from which costs are properly payable,
$19,000,000.
Outplacement Services
For the purpose of funding outplacement services for
employees who leave the District of Columbia government
involuntarily, $1,500,000.
Boards and Commissions
The Mayor shall reduce appropriations and expenditures for
boards and commissions under the various headings in this
title in the amount of $500,000: Provided, That this
provision shall not apply to any board or commission
established under title II of this Act.
Government Re-Engineering Program
The Mayor shall reduce appropriations and expenditures for
personal and nonpersonal services in the amount of
$16,000,000 within one or several of the various
appropriation headings in this Title.
Capital Outlay
(including rescissions)
For construction projects, $168,222,000 (including
$82,850,000 from local funds and $85,372,000 from Federal
funds), as authorized by An Act authorizing the laying of
water mains and service sewers in the District of Columbia,
the levying of assessments therefor, and for other purposes,
approved April 22, 1904 (33 Stat. 244; Public Law 58-140;
D.C. Code, secs. 43-1512 through 43-1519); the District of
Columbia Public Works Act of 1954, approved May 18, 1954 (68
Stat. 101; Public Law 83-364); An Act to authorize the
Commissioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs
of maintaining the Nation's Capital City, approved June 6,
1958 (72 Stat. 183; Public Law 85-451; including acquisition
of sites, preparation of plans and specifications, conducting
preliminary surveys, erection of structures, including
building improvement and alteration and treatment of grounds,
to remain available until expended: Provided, That
$105,660,000 from local funds appropriated under this heading
in prior fiscal years is rescinded: Provided further, That
funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all
procedures and limitations established under the Financial
Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the
specific projects and purposes intended: Provided further,
That notwithstanding the foregoing, all authorizations for
capital outlay projects,
[[Page 900]]
except those projects covered by the first sentence of
section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495;
D.C. Code, sec. 7-134, note), for which funds are provided by
this appropriation title, shall expire on September 30, 1997,
except authorizations for projects as to which funds have
been obligated in whole or in part prior to September 30,
1997: Provided further, That upon expiration of any such
project authorization the funds provided herein for the
project shall lapse.
Water and Sewer Enterprise Fund
For the Water and Sewer Enterprise Fund, $242,253,000 and
1,024 full-time equivalent positions (end-of-year) (including
$237,076,000 and 924 full-time equivalent positions from
local funds, $433,000 from other funds, and $4,744,000 and
100 full-time equivalent positions from intra-District
funds), of which $41,036,000 shall be apportioned and payable
to the debt service fund for repayment of loans and interest
incurred for capital improvement projects.
For construction projects, $39,477,000 from Federal funds,
as authorized by An Act authorizing the laying of water mains
and service sewers in the District of Columbia, the levying
of assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58-140; D.C. Code,
sec. 43-1512 et seq.): Provided, That the requirements and
restrictions that are applicable to general fund capital
improvement projects and set forth in this Act under the
Capital Outlay appropriation title shall apply to projects
approved under this appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act for
the fiscal year ending September 30, 1982, approved December
4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended,
for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective
March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et
seq. and 22-1516 et seq.), $229,950,000 and 88 full-time
equivalent positions (end-of-year) (including $7,950,000 and
88 full-time equivalent positions for administrative expenses
and $222,000,000 for non-administrative expenses from revenue
generated by the Lottery Board), to be derived from non-
Federal District of Columbia revenues: Provided, That the
District of Columbia shall identify the source of funding for
this appropriation title from the District's own locally-
generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by
the Cable Television Communications Act of 1981, effective
October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et
seq.), $2,351,000 and 8 full-time equivalent positions (end-
of-year) (including $2,019,000 and 8 full-time equivalent
positions from local funds and $332,000 from other funds), of
which $572,000 shall be transferred to the general fund of
the District of Columbia.
Starplex Fund
For the Starplex Fund, $6,580,000 from other funds for the
expenses incurred by the Armory Board in the exercise of its
powers granted by An Act To Establish A District of Columbia
Armory Board, and for other purposes, approved June 4, 1948
(62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the
District of Columbia Stadium Act of 1957, approved September
7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.): Provided, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C.
Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established
by Reorganization Order No. 57 of the Board of Commissioners,
effective August 15, 1953, $115,034,000, of which $56,735,000
shall be derived by transfer as intra-District funds from the
general fund, $52,684,000 is to be derived from the other
funds, and $5,615,000 is to be derived from intra-District
funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1989,
approved November 17, 1989 (93 Stat. 866; D.C. Code, sec. 1-
711), $13,440,000 and 11 full-time equivalent positions (end-
of-year) from the earnings of the applicable retirement funds
to pay legal, management, investment, and other fees and
administrative expenses of the District of Columbia
Retirement Board: Provided, That the District of Columbia
Retirement Board shall provide to the Congress and to the
Council of the District of Columbia a quarterly report of the
allocations of charges by fund and of expenditures of all
funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an item accounting
of the planned use of appropriated funds in time for each
annual budget submission and the actual use of such funds in
time for each annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment
Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
622), $10,516,000 and 66 full-time equivalent positions (end-
of-year) (including $3,415,000 and 22 full-time equivalent
positions from other funds and $7,101,000 and 44 full-time
equivalent positions from intra-District funds).
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$37,957,000, of which $5,400,000 shall be derived by transfer
from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section
101(a) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, approved April 17,
1995 (109 Stat. 97; Public Law 104-8), $3,500,000.
Personal and Nonpersonal Services Adjustments
Notwithstanding any other provision of law, the Chief
Financial Officer established under section 302 of Public Law
104-8, approved April 17, 1995 (109 Stat. 142) shall, on
behalf of the Mayor, adjust appropriations and expenditures
for personal and nonpersonal services, together with the
related full-time equivalent positions, in accordance with
the direction of the District of Columbia Financial
Responsibility and Management Assistance Authority such that
there is a net reduction of $150,907,000, within or among one
or several of the various appropriation headings in this
Title, pursuant to section 208 of Public Law 104-8, approved
April 17, 1995 (109 Stat. 134).
General Provisions
Sec. 101. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all
vouchers covering expenditures of appropriations contained in
this Act shall be audited before payment by the designated
certifying official and the vouchers as approved shall be
paid by checks issued by the designated disbursing official.
Sec. 103. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 104. Appropriations in this Act shall be available,
when authorized by the Mayor, for allowances for privately
owned automobiles and motorcycles used for the performance of
official duties at rates established by the Mayor: Provided,
That such rates shall not exceed the maximum prevailing rates
for such vehicles as prescribed in the Federal Property
Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without
authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have
been entered against the District of Columbia government:
Provided, That nothing contained in this section shall be
construed as modifying or affecting the provisions of section
11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the
requirement of section 544 of the District of Columbia Public
Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
101; D.C. Code, sec. 3-205.44), and for the non-Federal share
of funds necessary to qualify for Federal assistance under
the Juvenile Delinquency Prevention and Control Act of 1968,
approved July 31, 1968 (82 Stat. 462; Public Law 90-445, 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 110. The annual budget for the District of Columbia
government for the fiscal
[[Page 901]]
year ending September 30, 1997, shall be transmitted to the
Congress no later than April 15, 1996 or as provided for
under the provisions of Public Law 104-8, approved April 17,
1995.
Sec. 111. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees
on Appropriations, the House Committee on Government Reform
and Oversight, District of Columbia Subcommittee, the
Subcommittee on Oversight of Government Management, of the
Senate Committee on Governmental Affairs, and the Council of
the District of Columbia, or their duly authorized
representative: Provided, That none of the funds contained in
this Act shall be made available to pay the salary of any
employee of the District of Columbia government whose name
and salary are not available for public inspection.
Sec. 112. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia
Revenue Recovery Act of 1977, effective September 23, 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 113. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 114. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowings and spending progress compared with
projections.
Sec. 115. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from
the Council of the District of Columbia, by resolution,
identifying the projects and amounts to be financed with such
borrowings.
Sec. 116. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the
District of Columbia government.
Sec. 117. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to
the procedure set forth in the Joint Explanatory Statement of
the Committee of Conference (House Report No. 96-443), which
accompanied the District of Columbia Appropriation Act, 1980,
approved October 30, 1979 (93 Stat. 713; Public Law 96-93),
as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et
seq.): Provided, That for the fiscal year ending September
30, 1996 the above shall apply except as modified by Public
Law 104-8.
Sec. 118. None of the Federal funds provided in this Act
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
Sec. 119. None of the Federal Funds provided in this Act
shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency Act
of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection
Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply
to security, emergency rescue, or armored vehicles.
Sec. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973 (87
Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the
City Administrator shall be paid, during any fiscal year, a
salary at a rate established by the Mayor, not to exceed the
rate established for level IV of the Executive Schedule under
5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any
fiscal year, the highest rate of pay established by the Mayor
under subsection (a) of this section for any position for any
period during the last quarter of calendar year 1995 shall be
deemed to be the rate of pay payable for that position for
September 30, 1995.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August 2, 1946
(60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)),
the Board of Directors of the District of Columbia
Redevelopment Land Agency shall be paid, during any fiscal
year, per diem compensation at a rate established by the
Mayor.
Sec. 121. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of
Columbia Self-Government and Governmental Reorganization Act
of 1973, approved December 24, 1973 (87 Stat. 790; Public Law
93-198; D.C. Code, sec. 1-242(3)), shall apply with respect
to the compensation of District of Columbia employees:
Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5 of the United States Code.
Sec. 122. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve
rented premises, without regard to the provisions of section
322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C.
278a), upon a determination by the Director, that by reason
of circumstances set forth in such determination, the payment
of these rents and the execution of this work, without
reference to the limitations of section 322, is advantageous
to the District in terms of economy, efficiency, and the
District's best interest.
Sec. 123. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1996, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 1996 revenue
estimates as of the end of the first quarter of fiscal year
1996. These estimates shall be used in the budget request for
the fiscal year ending September 30, 1997. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 124. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3),
except that the District of Columbia Public Schools may renew
or extend sole source contracts for which competition is not
feasible or practical, provided that the determination as to
whether to invoke the competitive bidding process has been
made in accordance with duly promulgated Board of Education
rules and procedures.
Sec. 125. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99-177), as amended, the term
``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December 12,
1985 (99 Stat. 1037; Public Law 99-177), as amended.
Sec. 126. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, approved December 12, 1985 (99 Stat. 1037:
Public Law 99-177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary
of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99-177), as amended.
Sec. 127. For the fiscal year ending September 30, 1996,
the District of Columbia shall pay interest on its quarterly
payments to the United States that are made more than 60 days
from the date of receipt of an itemized statement from the
Federal Bureau of Prisons of amounts due for housing District
of Columbia convicts in Federal penitentiaries for the
preceding quarter.
Sec. 128. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursuant to
section 422(12) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C.
Code, sec. 1-242(12)) and the Governmental Reorganization
Procedures Act of 1981, effective October 17, 1981 (D.C. Law
4-42; D.C. Code, sec. 1-299.1 to 1-299.7). Appropriations
made by this Act for such programs or functions are
conditioned on the approval by the Council, prior to October
1, 1995, of the required reorganization plans.
Sec. 129. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1996 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by
the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which may, pursuant to the laws
and regulations of the District of Columbia, accept and use
gifts to the public schools without prior approval by the
Mayor.
Sec. 130. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses,
[[Page 902]]
or other costs associated with the offices of United States
Senator or United States Representative under section 4(d) of
the District of Columbia Statehood Constitutional Convention
Initiatives of 1979, effective March 10, 1981 (D.C. Law 3-
171; D.C. Code, sec. 1-113(d)).
Prohibition Against Use of Funds for Abortions
Sec. 131. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Prohibition on Domestic Partners Act
Sec. 132. No funds made available pursuant to any provision
of this Act shall be used to implement or enforce any system
of registration of unmarried, cohabiting couples whether they
are homosexual, lesbian, or heterosexual, including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant
to any provision of this Act otherwise be used to implement
or enforce D.C. Act 9-188, signed by the Mayor of the
District of Columbia on April 15, 1992.
Compensation for the Commission on Judicial Disabilities and Tenure and
for the Judicial Nomination Commission
Sec. 133. Sections 431(f) and 433(b)(5) of the District of
Columbia Self-Government and Governmental Reorganization Act,
approved December 24, 1973 (87 Stat. 813; Public Law 93-198;
D.C. Code, secs. 11-1524 and title 11, App. 433), are amended
to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11-1524) is amended to
read as follows:
``(f) Members of the Tenure Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.
(b) Section 433(b)(5) (title 11, App. 433) is amended to
read as follows:
``(5) Members of the Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.
Multiyear Contracts
Sec. 134. Section 451 of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973,
approved December 24, 1973 (87 Stat. 803; Public Law 93-198;
D.C. Code, sec. 1-1130), is amended by adding a new
subsection (c) to read as follows:
``(c)(1) The District may enter into multiyear contracts to
obtain goods and services for which funds would otherwise be
available for obligation only within the fiscal year for
which appropriated.
``(2) If the funds are not made available for the
continuation of such a contract into a subsequent fiscal
year, the contract shall be cancelled or terminated, and the
cost of cancellation or termination may be paid from--
``(A) appropriations originally available for the
performance of the contract concerned;
``(B) appropriations currently available for procurement of
the type of acquisition covered by the contract, and not
otherwise obligated; or
``(C) funds appropriated for those payments.
``(3) No contract entered into under this section shall be
valid unless the Mayor submits the contract to the Council
for its approval and the Council approves the contract (in
accordance with criteria established by act of the Council).
The Council shall be required to take affirmative action to
approve the contract within 45 days. If no action is taken to
approve the contract within 45 calendar days, the contract
shall be deemed disapproved.''.
Calculated Real Property Tax Rate Rescission and Real Property Tax
Freeze
Sec. 135. The District of Columbia Real Property Tax
Revision Act of 1974, approved September 3, 1974 (88 Stat.
1051; D.C. Code, sec. 47-801 et seq.), is amended as follows:
(1) Section 412 (D.C. Code, sec. 47-812) is amended as
follows:
(A) Subsection (a) is amended by striking the third and
fourth sentences and inserting the following sentences in
their place: ``If the Council does extend the time for
establishing the rates of taxation on real property, it must
establish those rates for the tax year by permanent
legislation. If the Council does not establish the rates of
taxation of real property by October 15, and does not extend
the time for establishing rates, the rates of taxation
applied for the prior year shall be the rates of taxation
applied during the tax year.''.
(B) A new subsection (a-2) is added to read as follows:
``(a-2) Notwithstanding the provisions of subsection (a) of
this section, the real property tax rates for taxable real
property in the District of Columbia for the tax year
beginning October 1, 1995, and ending September 30, 1996,
shall be the same rates in effect for the tax year beginning
October 1, 1993, and ending September 30, 1994.''.
(2) Section 413(c) (D.C. Code, sec. 47-815(c)) is repealed.
Prisons Industries
Sec. 136. Title 18 U.S.C. 1761(b) is amended by striking
the period at the end and inserting the phrase ``or not-for-
profit organizations.'' in its place.
Reports on Reductions
Sec. 137. Within 120 days of the effective date of this
Act, the Mayor shall submit to the Congress and the Council a
report delineating the actions taken by the executive to
effect the directives of the Council in this Act, including--
(1) negotiations with representatives of collective
bargaining units to reduce employee compensation;
(2) actions to restructure existing long-term city debt;
(3) actions to apportion the spending reductions
anticipated by the directives of this Act to the executive
for unallocated reductions; and
(4) a list of any position that is backfilled including
description, title, and salary of the position.
Monthly Reporting Requirements--Board of Education
Sec. 138. The Board of Education shall submit to the
Congress, Mayor, and Council of the District of Columbia no
later than fifteen (15) calendar days after the end of each
month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections vs. budget broken out on the basis of
control center, responsibility center, agency reporting code,
and object class, and for all funds, including captial
financing.
(2) a breakdown of FTE positions and staff for the most
current pay period broken out on the basis of control center,
responsibility center, and agency reporting code within each
responsibility center, for all funds, including capital
funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains; the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by the
D.C. Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(5) all reprogrammming requests and reports that are
required to be, and have been submitted to the Board of
Education; and
(6) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the
name of the staff member supervising each entity affected,
and the reasons for the structural change.
Monthly Reporting Requirements
university of the district of columbia
Sec. 139. The University of the District of Columbia shall
submit to the Congress, Mayor, and Council of the District of
Columbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections vs. budget broken out on the basis of
control center, responsibility center, and object class, and
for all funds, including capital financing;
(2) a breakdown of FTE positions and all employees for the
most current pay period broken out on the basis of control
center, responsibility center, for all funds, including
capital funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains; the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and
contract identifying codes used by the University of the
District of Columbia; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(5) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(6) changes in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Annual Reporting Requirements
Sec. 140. (a) The Board of Education of the District of
Columbia and the University of the District of Columbia shall
annually compile an accurate and verifiable report on the
positions and employees in the public school system and the
university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1995, fiscal year 1996,
and thereafter on full-time equivalent basis, including a
compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
[[Page 903]]
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control
number.
(b) Submission. The annual report required by subsection
(a) shall be submitted to the Congress, the Mayor, the
District of Columbia Council, the Consensus Commission, and
the Authority, not later than May 1, 1996, and each February
15 thereafter.
Annual Budgets and Budget Revisions
Sec. 141. (a) Not later than October 1, 1995, or within 15
calendar days after the date of the enactment of the District
of Columbia Appropriations Act, 1996, whichever occurs later,
and each succeeding year, the Board of Education and the
University of the District of Columbia shall submit to the
appropriate congressional committees, the Mayor, the District
of Columbia Council, the Consensus Commission, and the
Authority, a revised appropriated funds operating budget for
the public school system and the University of the District
of Columbia for such fiscal year that is in the total amount
of the approved appropriation and that realigns budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this
section shall be submitted in the format of the budget that
the Board of Education and the University of the District of
Columbia submit to the Mayor of the District of Columbia for
inclusion in the Mayor's budget submission to the Council of
the District of Columbia pursuant to section 442 of the
District of Columbia Self-Government and Governmental
Reorganization Act, Public Law 93-198, as amended (D.C. Code,
sec. 47-301).
Budget Approval
Sec. 142. The Board of Education, the Board of Trustees of
the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the D.C.
School of Law shall vote on and approve their respective
annual or revised budgets before submission to the Mayor of
the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act, Public Law
93-198, as amended (D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.
Public School Employee Evaluations
Sec. 143. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for
evaluating District of Columbia Public Schools employees
shall be a non-negotiable item for collective bargaining
purposes.
Position Vacancies
Sec. 144. (a) No agency, including an independent agency,
shall fill a position wholly funded by appropriations
authorized by this Act, which is vacant on October 1, 1995,
or becomes vacant between October 1, 1995, and September 30,
1996, unless the Mayor or independent agency submits a
proposed resolution of intent to fill the vacant position to
the Council. The Council shall be required to take
affirmative action on the Mayor's resolution within 30
legislative days. If the Council does not affirmatively
approve the resolution within 30 legislative days, the
resolution shall be deemed disapproved.
(b) No reduction in the number of full-time equivalent
positions or reduction-in-force due to privatization or
contracting out shall occur if the District of Columbia
Financial Responsibility and Management Assistance Authority,
established by section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-
8), disallows the full-time equivalent position reduction
provided in this act in meeting the maximum ceiling of 35,984
for the fiscal year ending September 30, 1996.
(c) This section shall not prohibit the appropriate
personnel authority from filling a vacant position with a
District government employee currently occupying a position
that is funded with appropriated funds.
(d) This section shall not apply to local school-based
teachers, school-based officers, or school-based teachers'
aides; or court personnel covered by title 11 of the D.C.
Code, except chapter 23.
Modifications of Board of Education Reduction-in-Force Procedures
Sec. 145. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, (D.C. Code, sec. 1-601.1 et
seq.) is amended--
(1) in section 301 (D.C. Code, sec. 1.603.1)--
(A) by inserting after paragraph (13), the following new
paragraph:
``(13A) The term `nonschool-based personnel' means any
employee of the District of Columbia public schools who is
not based at a local school or who does not provide direct
services to individual students.''; and
(B) by inserting after paragraph (15), the following new
paragraph:
``(15A) The term `school administrators' means principals,
assistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the
District of Columbia public schools.'';
(2) in section 801A(b)(2) (D.C. Code, sec. 1-
609.1(b)(2)(L)--
(A) by striking ``(L) reduction-in-force'' and inserting
``(L)(i) reduction-in-force''; and
(B) by inserting after subparagraph (L)(i), the following
new clause:
``(ii) Notwithstanding any other provision of law, the
Board of Education shall not issue rules that require or
permit nonschool-based personnel or school administrators to
be assigned or reassigned to the same competitive level as
classroom teachers;''; and
(3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at
the end the following new subsection:
``(f) Notwithstanding any other provision of law, the Board
of Education shall not require or permit nonschool-based
personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom
teachers.''.
Sec. 146. (a) Notwithstanding any other provision of law,
rule, or regulation, an employee of the District of Columbia
Public Schools shall be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall not
compete with school-based personnel for retention purposes.
Sec. 147. None of the funds provided in this Act may be
used directly or indirectly for the renovation of the
property located at 227 7th Street Southeast (commonly known
as Eastern Market), except that funds provided in this Act
may be used for the regular maintenance and upkeep of the
current structure and grounds located at such property.
Capital Project Employees
Sec. 148. (a) Not later than 15 days after the end of every
fiscal quarter (beginning October 1, 1995), the Mayor shall
submit to the Council of the District of Columbia, the
District of Columbia Financial Responsibility and Management
Assistance Authority, and the Committees on Appropriations of
the House of Representatives and the Senate a report with
respect to the employees on the capital project budget for
the previous quarter.
(b) Each report submitted pursuant to subsection (a) of
this section shall include the following information--
(1) a list of all employees by position, title, grade and
step;
(2) a job description, including the capital project for
which each employee is working;
(3) the date that each employee began working on the
capital project and the ending date that each employee
completed or is projected to complete work on the capital
project; and
(4) a detailed explanation justifying why each employee is
being paid with capital funds.
Modification of Reduction-in-Force Procedures
Sec. 149. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as
follows:
(a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by
amending the third sentence to read as follows: ``A personnel
authority may establish lesser competitive areas within an
agency on the basis of all or a clearly identifiable segment
of an agency's mission or a division or major subdivision of
an agency.''.
(b) A new section 2406 is added to read as follows:
``Sec. 2406. Abolishment of positions for Fiscal Year 1996.
``(a) Notwithstanding any other provision of law,
regulation, or collective bargaining agreement either in
effect or to be negotiated while this legislation is in
effect for the fiscal year ending September 30, 1996, each
agency head is authorized, within the agency head's
discretion, to identify positions for abolishment.
``(b) Prior to August 1, 1996, each personnel authority
shall make a final determination that a position within the
personnel authority is to be abolished.
``(c) Notwithstanding any rights or procedures established
by any other provision of this title, any District government
employee, regardless of date of hire, who encumbers a
position identified for abolishment shall be separated
without competition or assignment rights, except as provided
in this section.
``(d) An employee affected by the abolishment of a position
pursuant to this section who, but for this section would be
entitled to compete for retention, shall be entitled to 1
round of lateral competition pursuant to Chapter 24 of the
District of Columbia Personnel Manual, which shall be limited
to positions in the employee's competitive level.
``(e) Each employee who is a bona fide resident of the
District of Columbia shall have added 5 years to his or her
creditable service for reduction-in-force purposes. For
purposes of this subsection only, a nonresident District
employee who was hired by the District government prior to
January 1, 1980, and has not had a break in service since
that date, or a former employee of the U.S. Department of
Health and Human Services at Saint Elizabeths Hospital who
accepted employment with the District government on October
1, 1987, and has not had a break in service since that date,
shall be considered a District resident.
[[Page 904]]
``(f) Each employee selected for separation pursuant to
this section shall be given written notice of at least 30
days before the effective date of his or her separation.
``(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a specific
position is to be abolished, nor separation pursuant to this
section shall be subject to review except as follows--
``(1) an employee may file a complaint contesting a
determination or a separation pursuant to title XV of this
Act or section 303 of the Human Rights Act of 1977, effective
December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543);
and
``(2) an employee may file with the Office of Employee
Appeals an appeal contesting that the separation procedures
of subsections (d) and (f) of this section were not properly
applied.
``(h) An employee separated pursuant to this section shall
be entitled to severance pay in accordance with title XI of
this Act, except that the following shall be included in
computing creditable service for severance pay for employees
separated pursuant to this section--
``(1) four years for an employee who qualified for
veteran's preference under this act, and
``(2) three years for an employee who qualified for
residency preference under this act.
``(i) Separation pursuant to this section shall not affect
an employee's rights under either the Agency Reemployment
Priority Program or the Displaced Employee Program
established pursuant to Chapter 24 of the District Personnel
Manual.
``(j) The Mayor shall submit to the Council a listing of
all positions to be abolished by agency and responsibility
center by March 1, 1996, or upon the delivery of termination
notices to individual employees.
``(k) Notwithstanding the provisions of section 1708 or
section 2402(d), the provisions of this act shall not be
deemed negotiable.
``(l) A personnel authority shall cause a 30-day
termination notice to be served, no later than September 1,
1996, on any incumbent employee remaining in any position
identified to be abolished pursuant to subsection (b) of this
section''.
Operating Expenses and Grants
Sec. 150. (a) Ceiling on Total Operating Expenses.--
Notwithstanding any other provision of law, the total amount
appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 1996 under the caption
``Division of Expenses'' shall not exceed $4,994,000,000 of
which $165,339,000 shall be from intra-District funds.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor
of the District of Columbia may accept, obligate, and expend
Federal, private, and other grants received by the District
government that are not reflected in the amounts appropriated
in this Act.
(2) Requirement of chief financial officer report and
financial responsibility and management assistance authority
approval.--No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to paragraph (1)
until--
(A) the Chief Financial Officer of the District submits to
the District of Columbia Financial Responsibility and
Management Assistance Authority established by Public Law
104-8 (109 Stat. 97) a report setting forth detailed
information regarding such grant; and
(B) the District of Columbia Financial Responsibility and
Management Assistance Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures consistent
with the provisions of Public Law 104-8.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District shall prepare a monthly report setting forth
detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report
shall be submitted to the Council of the District of
Columbia, and to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 15
days after the end of the month covered by the report.
development of plans regarding district of columbia corrections
Sec. 151. (a) Plan for Short-Term Improvements.--
(1) In general.--Not later than July 1, 1996, the National
Institute of Corrections (acting for and on behalf of the
District of Columbia) shall enter into an agreement with a
private contractor to develop a plan for short-term
improvements in the administration of the District of
Columbia Department of Corrections (hereafter referred to as
the ``Department'') and the administration and physical plant
of the Lorton Correctional Complex (hereafter referred to as
the ``Complex'') which may be initiated during a period not
to exceed 5 months.
(2) Contents of plan.--The plan developed under paragraph
(1) shall address the following issues:
(A) The reorganization of the central office of the
Department, including the consolidation of units and the
redeployment of personnel.
(B) The establishment of a centralized inmate
classification unit.
(C) The implementation of a revised classification system
for sentenced inmates.
(D) The development of a projection for the number of
inmates under the authority of the Department over a 10-year
period.
(E) The improvement of Department security operations.
(F) Capital improvements.
(G) The preparation of a methodology for developing and
assessing options for the long-term status of the Complex and
the Department (consistent with the requirements for the
development of plans under subsection (b)).
(H) Other appropriate miscellaneous issues.
(3) Submission of plan.--Upon completing the plan under
paragraph (1) (but in no event later than September 30,
1996), the National Institute of Corrections shall submit the
plan to the Mayor of the District of Columbia, the President,
Congress, and the District of Columbia Financial
Responsibility and Management Assistance Authority.
(b) Optional Plans for Long-Term Treatment of Complex.--
(1) In general.--Not later than July 1, 1996, the National
Institute of Corrections (acting for and on behalf of the
District of Columbia) shall enter into an agreement with a
private contractor to develop a series of alternative plans
regarding the long-term status of the Complex and the future
operations of the Department, including the following:
(A) A separate plan under which the Complex will be closed
and inmates transferred to new facilities constructed and
operated by private entities.
(B) A separate plan under which the Complex will remain in
operation under the management of the District of Columbia
subject to such modifications as the District considers
appropriate.
(C) A separate plan under which the Federal government will
operate the Complex and inmates will be sentenced and treated
in accordance with guidelines applicable to Federal
prisoners.
(D) A separate plan under which the Complex will be
operated under private management.
(E) Such other plans as the District of Columbia consider
appropriate.
(2) Requirements for Plans.--Each of the alternative plans
developed under paragraph (1) shall meet the following
requirements:
(A) The plan shall provide for an appropriate transition
period for implementation (not to exceed 5 years) to begin
January 1, 1997.
(B) The plan shall specify the extent to which the
Department will utilize alternative and cost-effective
management methods, including the use of private management
and vendors for the operation of the facilities and
activities of the Department, including (where appropriate)
the Complex.
(C) The plan shall include an implementation schedule
specifying timetables for the completion of all significant
activities, including site selection for new facilities,
design, financing, construction, recruitment and hiring of
personnel, training, adoption of new policies and procedures,
and the establishment of essential administrative
organizational structures to carry out the plan.
(D) In determining the bed capacity required for the
Department through 2002, the plan shall use the population
projections developed under the plan under subsection (a).
(E) The plan shall identify any Federal or District
legislation which is required to be enacted, and any District
regulations, policies, or procedures which are required to be
adopted, in order for the plan to take effect.
(F) The plan shall take into account any court orders and
consent decrees in effect with respect to the Department and
shall describe how the plan will enable the District to
comply with such orders and decrees.
(G) The plan shall include estimates of the operating and
capital expenses for the Department for each year of the
plan's transition period, together with the primary
assumptions underlying such estimates.
(H) The plan shall require the Mayor of the District of
Columbia to submit a semi-annual report to the President,
Congress, and the District of Columbia Financial
Responsibility and Management Assistance Authority describing
the actions taken by the District under the plan, and in
addition shall require the Mayor to regularly report to the
President, Congress, and the District of Columbia Financial
Responsibility and Management Assistance Authority on all
measures taken under the plan as soon as such measures are
taken.
(I) For each year for which the plan is in effect, the plan
shall be consistent with the financial plan and budget for
the District of Columbia for the year under subtitle A of
title II of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995.
(3) Submission of plan.--Upon completing the development of
the alternative plans under paragraph (1) (but in no event
later than December 31, 1996), the National Institute of
Corrections shall submit the plan to the Mayor of the
District of Columbia, the President, Congress, and the
District of Columbia Financial Responsibility and Management
Assistance Authority.
[[Page 905]]
Chief Financial Officer Powers
Sec. 152. Notwithstanding any other provision of law, for
the fiscal years ending September 30, 1996 and September 30,
1997--
(a) the heads and all personnel of the following offices,
together with all other District of Columbia executive branch
accounting, budget, and financial management personnel, shall
be appointed by, shall serve at the pleasure of, and shall
act under the direction and control of the Chief Financial
Officer:
The Office of the Treasurer.
The Controller of the District of Columbia.
The Office of the Budget.
The Office of Financial Information Services.
The Department of Finance and Revenue.
The District of Columbia Financial Responsibility and
Management Assistance Authority established pursuant to
Public Law 104-8, approved April 17, 1995, may remove such
individuals from office for cause, after consultation with
the Mayor and the Chief Financial Officer.
(b) the Chief Financial Officer shall prepare and submit to
the Mayor, for inclusion in the annual budget of the District
of Columbia under part D of title IV of the District of
Columbia Self-Government and Governmental Reorganization Act
of 1993, approved December 24, 1973 (87 Stat. 774; Public Law
93-198), as amended, for fiscal years 1996, 1997 and 1998,
annual estimates of the expenditures and appropriations
necessary for the operation of the Office of the Chief
Financial Officer for the year. All such estimates shall be
forwarded by the Mayor to the Council of the District of
Columbia for its action pursuant to sections 446 and 603(c)
of such Act, without revision but subject to recommendations.
Notwithstanding any other provisions of such Act, the Council
may comment or make recommendations concerning such
estimates, but shall have no authority to revise such
estimates.
Technical Corrections to Financial Responsibility and Management
Assistance Act
Sec. 153. (a) Requiring GSA To Provide Support Services.--
Section 103(f) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 is
amended by striking ``may provide'' and inserting ``shall
promptly provide''.
(b) Availability of Certain Federal Benefits for
Individuals Who Become Employed by the Authority.--
(1) Former federal employees.--Subsection (e) of section
102 of such Act is amended to read as follows:
``(e) Preservation of Retirement and Certain Other Rights
of Federal Employees Who Become Employed by the Authority.--
``(1) In general.--Any Federal employee who becomes
employed by the Authority--
``(A) may elect, for the purposes set forth in paragraph
(2)(A), to be treated, for so long as that individual remains
continuously employed by the Authority, as if such individual
had not separated from service with the Federal Government,
subject to paragraph (3); and
``(B) shall, if such employee subsequently becomes
reemployed by the Federal Government, be entitled to have
such individual's service with the Authority treated, for
purposes of determining the appropriate leave accrual rate,
as if it had been service with the Federal Government.
``(2) Effect of an election.--An election made by an
individual under the provisions of paragraph (1)(A)--
``(A) shall qualify such individual for the treatment
described in such provisions for purposes of--
``(i) chapter 83 or 84 of title 5, United States Code, as
appropriate (relating to retirement), including the Thrift
Savings Plan;
``(ii) chapter 87 of such title (relating to life
insurance); and
``(iii) chapter 89 of such title (relating to health
insurance); and
``(B) shall disqualify such individual, while such election
remains in effect, from participating in the programs offered
by the government of the District of Columbia (if any)
corresponding to the respective programs referred to in
subparagraph (A).
``(3) Conditions for an election to be effective.--An
election made by an individual under paragraph (1)(A) shall
be ineffective unless--
``(A) it is made before such individual separates from
service with the Federal Government; and
``(B) such individual's service with the Authority
commences within 3 days after so separating (not counting any
holiday observed by the government of the District of
Columbia).
``(4) Contributions.--If an individual makes an election
under paragraph (1)(A), the Authority shall, in accordance
with applicable provisions of law referred to in paragraph
(2)(A), be responsible for making the same deductions from
pay and the same agency contributions as would be required if
it were a Federal agency.
``(5) Regulations.--Any regulations necessary to carry out
this subsection shall be prescribed in consultation with the
Authority by--
``(A) the Office of Personnel Management, to the extent
that any program administered by the office is involved;
``(B) the appropriate office or agency of the government of
the District of Columbia, to the extent that any program
administered by such office or agency is involved; and
``(C) the Executive Director referred to in section 8474 of
title 5, United States Code, to the extent that the Thrift
Savings Plan is involved.''.
(2) Other individuals.--Section 102 of such Act is further
amended by adding at the end the following:
``(f) Federal Benefits for Others.--
``(1) In general.--The Office of Personnel Management, in
conjunction with each corresponding office or agency of the
government of the District of Columbia and in consultation
with the Authority, shall prescribe regulations under which
any individual who becomes employed by the Authority (under
circumstances other than as described in subsection (e)) may
elect either--
``(A) to be deemed a Federal employee for purposes of the
programs referred to in subsection (e)(2)(A) (i)-(iii); or
``(B) to participate in 1 or more of the corresponding
programs offered by the government of the District of
Columbia.
``(2) Effect of an election.--An individual who elects the
option under subparagraph (A) or (B) of paragraph (1) shall
be disqualified, while such election remains in effect, from
participating in any of the programs referred to in the other
such subparagraph.
``(3) Definition of `corresponding office or agency'.--For
purposes of paragraph (1), the term `corresponding office or
agency of the government of the District of Columbia' means,
with respect to any program administered by the Office of
Personnel Management, the office or agency responsible for
administering the corresponding program (if any) offered by
the government of the District of Columbia.
``(4) Thrift savings plan.--To the extent that the Thrift
Savings Plan is involved, the preceding provisions of this
subsection shall be applied by substituting `the Executive
Director referred to in section 8474 of title 5, United
States Code' for `the Office of Personnel Management'.''.
(3) Effective date; additional election for former federal
employees serving on date of enactment; election for
employees appointed during interim period.--
(A) Effective date.--Not later than 6 months after the date
of enactment of this Act, there shall be prescribed in
consultation with the Authority (and take effect)--
(i) regulations to carry out the amendments made by this
subsection; and
(ii) any other regulations necessary to carry out this
subsection.
(B) Additional election for former federal employees
serving on date of enactment.--
(i) In general.--Any former Federal employee employed by
the Authority on the effective date of the regulations
referred to in subparagraph (A)(i) may, within such period as
may be provided for under those regulations, make an election
similar, to the maximum extent practicable, to the election
provided for under section 102(e) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995, as amended by this subsection. Such regulations shall
be prescribed jointly by the Office of Personnel Management
and each corresponding office or agency of the government of
the District of Columbia (in the same manner as provided for
in section 102(f) of such Act, as so amended).
(ii) Exception.--An election under this subparagraph may
not be made by any individual who--
(I) is not then participating in a retirement system for
Federal employees (disregarding Social Security); or
(II) is then participating in any program of the government
of the District of Columbia referred to in section
102(e)(2)(B) of such Act (as so amended).
(C) Election for employees appointed during interim
period.--
(i) From the federal government.--Subsection (e) of section
102 of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (as last in effect before
the date of enactment of this Act) shall be deemed to have
remained in effect for purposes of any Federal employee who
becomes employed by the District of Columbia Financial
Responsibility and Management Assistance Authority during the
period beginning on such date of enactment and ending on the
day before the effective date of the regulations prescribed
to carry out subparagraph (B).
(ii) Other individuals.--The regulations prescribed to
carry out subsection (f) of section 102 of the District of
Columbia Financial Responsibility and Management Assistance
Act of 1995 (as amended by this subsection) shall include
provisions under which an election under such subsection
shall be available to any individual who--
(I) becomes employed by the District of Columbia Financial
Responsibility and Management Assistance Authority during the
period beginning on the date of enactment of this Act and
ending on the day before the effective date of such
regulations;
(II) would have been eligible to make an election under
such regulations had those regulations been in effect when
such individual became so employed; and
(III) is not then participating in any program of the
government of the District of Columbia referred to in
subsection (f)(1)(B) of such section 102 (as so amended).
(c) Exemption From Liability for Claims for Authority
Employees.--Section 104 of such Act is amended--
(1) by striking ``the Authority and its members'' and
inserting ``the Authority, its members, and its employees'';
and
[[Page 906]]
(2) by striking ``the District of Columbia'' and inserting
``the Authority or its members or employees or the District
of Columbia''.
(d) Permitting Review of Emergency Legislation.--Section
203(a)(3) of such Act is amended by striking subparagraph
(C).
Establishment of Exclusive Accounts for Blue Plains Activities
Sec. 154. (a) Operation and Maintenance Account.--
(1) Contents of account.--There is hereby established
within the Water and Sewer Enterprise Fund the Operation and
Maintenance Account, consisting of all funds paid to the
District of Columbia on or after the date of the enactment of
this Act which are--
(A) attributable to waste water treatment user charges;
(B) paid by users jurisdictions for the operation and
maintenance of the Blue Plains Wastewater Treatment Facility
and related waste water treatment works; or
(C) appropriated or otherwise provided for the operation
and maintenance of the Blue Plains Wastewater Treatment
Facility and related waste water treatment works.
(2) Use of funds in account.--Funds in the Operation and
Maintenance Account shall be used solely for funding the
operation and maintenance of the Blue Plains Wastewater
Treatment Facility and related waste water treatment works
and may not be obligated or expended for any other purpose,
and may be used for related debt service and capital costs if
such funds are not attributable to user charges assessed for
purposes of section 204(b)(1) of the Federal Water Pollution
Control Act.
(b) EPA Grant Account.--
(1) Contents of account.--There is hereby established
within the Water and Sewer Enterprise Fund and EPA Grant
Account, consisting of all funds paid to the District of
Columbia on or after the date of the enactment of this Act
which are--
(A) attributable to grants from the Environmental
Protection Agency for construction at the Blue Plains
Wastewater Treatment Facility and related waste water
treatment works; or
(B) appropriated or otherwise provided for construction at
the Blue Plains Wastewater Treatment Facility and related
waste water treatment works.
(2) Use of funds in account.--Funds in the EPA Grant
Account shall be used solely for the purposes specified under
the terms of the grants and appropriations involved, and may
not be obligated or expended for any other purpose.
Police and Fire Fighter Disability Retirements
Sec. 155. (a) Up to 50 police officers and up to 50 Fire
and Emergency Medical Services members with less than 20
years of departmental service who were hired before February
14, 1980, and who retire on disability before the end of
calendar year 1996 shall be excluded from the computation of
the rate of disability retirements under subsection 145(a) of
the District of Columbia Retirement Reform Act of 1979 (93
Stat. 882; D.C. Code, sec. 1-725(a)), for purposes of
reducing the authorized Federal payment to the District of
Columbia Police Officers and Fire Fighters' Retirement Fund
pursuant to subsection 145(c) of the District of Columbia
Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of this
provision, shall engage an enrolled actuary, to be paid by
the District of Columbia Retirement Board, and shall comply
with the requirements of section 142(d) and section 144(d) of
the District of Columbia Retirement Reform Act of 1979
(Public Law 96-122, approved November 17, 1979; D.C. Code,
secs. 1-722(d) and 1-724(d)).
(c) This section shall not go into effect until 15 days
after the Mayor transmits the actuarial report required by
section 142(d) of the District of Columbia Retirement Reform
Act of 1979 (Public Law 96-122, approved November 17, 1979)
to the D.C. Retirement Board, the Speaker of the House of
Representatives, and the President pro tempore of the Senate.
Conveyance of Certain Property to Architect of the Capitol
Sec. 156. Pursuant to section 1(b)(2) of Public Law 98-340
and in accordance with the agreement entered into between the
Architect of the Capitol and the District of Columbia
pursuant to such Act (as executed on September 28, 1984), not
later than 30 days after the date of the enactment of this
Act the District of Columbia shall convey without
consideration by general warranty deed to the Architect of
the Capitol on behalf of the United States all right, title,
and interest of the District of Columbia in the real property
(including improvements and appurtenances thereon) within the
area known as ``D.C. Village'' and described in Attachment A
of the agreement.
This title may be cited as the ``District of Columbia
Appropriations Act, 1996''.
TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM
SEC. 2001. SHORT TITLE.
This title may be cited as the ``District of Columbia
School Reform Act of 1995''.
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate;
(B) the Committee on Economic and Educational Opportunities
of the House of Representatives and the Committee on Labor
and Human Resources of the Senate; and
(C) the Committee on Government Reform and Oversight of the
House of Representatives and the Committee on Governmental
Affairs of the Senate.
(2) Authority.--The term ``Authority'' means the District
of Columbia Financial Responsibility and Management
Assistance Authority established under section 101(a) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995 (Public Law 104-8).
(3) Average daily attendance.--The term ``average daily
attendance'' means the aggregate attendance of students of
the school during the period divided by the number of days
during the period in which--
(A) the school is in session; and
(B) the students of the school are under the guidance and
direction of teachers.
(4) Average daily membership.--The term ``average daily
membership'' means the aggregate enrollment of students of
the school during the period divided by the number of days
during the period in which--
(A) the school is in session; and
(B) the students of the school are under the guidance and
direction of teachers.
(5) Board of education.--The term ``Board of Education''
means the Board of Education of the District of Columbia.
(6) Board of trustees.--The term ``Board of Trustees''
means the governing board of a public charter school, the
members of which are selected pursuant to the charter granted
to the school and in a manner consistent with this title.
(7) Consensus commission.--The term ``Consensus
Commission'' means the Commission on Consensus Reform in
the District of Columbia public schools established under
subtitle H.
(8) Core curriculum.--The term ``core curriculum'' means
the concepts, factual knowledge, and skills that students in
the District of Columbia should learn in kindergarten through
grade 12 in academic content areas, including, at a minimum,
English, mathematics, science, and history.
(9) District of columbia council.--The term ``District of
Columbia Council'' means the Council of the District of
Columbia established pursuant to section 401 of the District
of Columbia Self-Government and Governmental Reorganization
Act (D.C. Code, sec. 1-221).
(10) District of columbia government.--
(A) In general.--The term ``District of Columbia
Government'' means the government of the District of
Columbia, including--
(i) any department, agency, or instrumentality of the
government of the District of Columbia;
(ii) any independent agency of the District of Columbia
established under part F of title IV of the District of
Columbia Self-Government and Governmental Reorganization Act;
(iii) any other agency, board, or commission established by
the Mayor or the District of Columbia Council;
(iv) the courts of the District of Columbia;
(v) the District of Columbia Council; and
(vi) any other agency, public authority, or public
nonprofit corporation that has the authority to receive
moneys directly or indirectly from the District of Columbia
(other than moneys received from the sale of goods, the
provision of services, or the loaning of funds to the
District of Columbia).
(B) Exception.--The term ``District of Columbia
Government'' neither includes the Authority nor a public
charter school.
(11) District of columbia government retirement system.--
The term ``District of Columbia Government retirement
system'' means the retirement programs authorized by the
District of Columbia Council or the Congress for employees of
the District of Columbia Government.
(12) District of columbia public school.--
(A) In general.--The term ``District of Columbia public
school'' means a public school in the District of Columbia
that offers classes--
(i) at any of the grade levels from prekindergarten through
grade 12; or
(ii) leading to a secondary school diploma, or its
recognized equivalent.
(B) Exception.--The term ``District of Columbia public
school'' does not include a public charter school.
(13) Districtwide assessments.--The term ``districtwide
assessments'' means a variety of assessment tools and
strategies (including individual student assessments under
subparagraph (E)(ii)) administered by the Superintendent to
students enrolled in District of Columbia public schools and
public charter schools that--
(A) are aligned with the District of Columbia's content
standards and core curriculum;
(B) provide coherent information about student attainment
of such standards;
(C) are used for purposes for which such assessments are
valid, reliable, and unbiased, and are consistent with
relevant nationally recognized professional and technical
standards for such assessments;
(D) involve multiple up-to-date measures of student
performance, including measures that assess higher order
thinking skills and understanding; and
(E) provide for--
(i) the participation in such assessments of all students;
(ii) individual student assessments for students that fail
to reach minimum acceptable levels of performance;
(iii) the reasonable adaptations and accommodations for
students with special needs (as defined in paragraph (32))
necessary to meas
[[Page 907]]
ure the achievement of such students relative to the District
of Columbia's content standards; and
(iv) the inclusion of limited-English proficient students,
who shall be assessed, to the extent practicable, in the
language and form most likely to yield accurate and reliable
information regarding such students' knowledge and abilities.
(14) Electronic data transfer system.--The term
``electronic data transfer system'' means a computer-based
process for the maintenance and transfer of student records
designed to permit the transfer of individual student records
among District of Columbia public schools and public charter
schools.
(15) Elementary school.--The term ``elementary school''
means an institutional day or residential school that
provides elementary education, as determined under District
of Columbia law.
(16) Eligible applicant.--The term ``eligible applicant''
means a person, including a private, public, or quasi-public
entity, or an institution of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a))), that seeks to establish a public charter
school in the District of Columbia.
(17) Eligible chartering authority.--The term ``eligible
chartering authority'' means any of the following:
(A) The Board of Education.
(B) The Public Charter School Board.
(C) Any one entity designated as an eligible chartering
authority by enactment of a bill by the District of Columbia
Council after the date of the enactment of this Act.
(18) Family resource center.--The term ``family resource
center'' means an information desk--
(A) located in a District of Columbia public school or a
public charter school serving a majority of students whose
family income is not greater than 185 percent of the income
official poverty line (as defined by the Office of Management
and Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act applicable
to a family of the size involved (42 U.S.C. 9902(3))); and
(B) which links students and families to local resources
and public and private entities involved in child care, adult
education, health and social services, tutoring, mentoring,
and job training.
(19) Individual career path.--The term ``individual career
path'' means a program of study that provides a secondary
school student the skills necessary to compete in the 21st
century workforce.
(20) Literacy.--The term ``literacy'' means--
(A) in the case of a minor student, such student's ability
to read, write, and speak in English, and compute and solve
problems at levels of proficiency necessary to function in
society, to achieve such student's goals, and develop such
student's knowledge and potential; and
(B) in the case of an adult, such adult's ability to read,
write, and speak in English, and compute and solve problems
at levels of proficiency necessary to function on the job and
in society, to achieve such adult's goals, and develop such
adult's knowledge and potential.
(21) Long-term reform plan.--The term ``long-term reform
plan'' means the plan submitted by the Superintendent under
section 2101.
(22) Mayor.--The term ``Mayor'' means the Mayor of the
District of Columbia.
(23) Metrobus and metrorail transit system.--The term
``Metrobus and Metrorail Transit System'' means the bus and
rail systems administered by the Washington Metropolitan Area
Transit Authority.
(24) Minor student.--The term ``minor student'' means an
individual who--
(A) is enrolled in a District of Columbia public school or
a public charter school; and
(B) is not beyond the age of compulsory school attendance,
as prescribed in section 1 of article I, and section 1 of
article II, of the Act of February 4, 1925 (sections 31-401
and 31-402, D.C. Code).
(25) Nonresident student.--The term ``nonresident student''
means--
(A) an individual under the age of 18 who is enrolled in a
District of Columbia public school or a public charter
school, and does not have a parent residing in the District
of Columbia; or
(B) an individual who is age 18 or older and is enrolled in
a District of Columbia public school or public charter
school, and does not reside in the District of Columbia.
(26) Parent.--The term ``parent'' means a person who has
custody of a child, and who--
(A) is a natural parent of the child;
(B) is a stepparent of the child;
(C) has adopted the child; or
(D) is appointed as a guardian for the child by a court of
competent jurisdiction.
(27) Petition.--The term ``petition'' means a written
application.
(28) Promotion gate.--The term ``promotion gate'' means the
criteria, developed by the Superintendent and approved by the
Board of Education, that are used to determine student
promotion at different grade levels. Such criteria shall
include student achievement on districtwide assessments
established under subtitle C.
(29) Public charter school.--The term ``public charter
school'' means a publicly funded school in the District of
Columbia that--
(A) is established pursuant to subtitle B; and
(B) except as provided under sections 2212(d)(5) and
2213(c)(5) is not a part of the District of Columbia public
schools.
(30) Public charter school board.--The term ``Public
Charter School Board'' means the Public Charter School Board
established under section 2214.
(31) Secondary school.--The term ``secondary school'' means
an institutional day or residential school that provides
secondary education, as determined by District of Columbia
law, except that such term does not include any education
beyond grade 12.
(32) Student with special needs.--The term ``student with
special needs'' means a student who is a child with a
disability as provided in section 602(a)(1) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(a)(1)) or a student who is an individual with a
disability as provided in section 7(8) of the Rehabilitation
Act of 1973 (29 U.S.C. 706(8)).
(33) Superintendent.--The term ``Superintendent'' means the
Superintendent of the District of Columbia public schools.
(34) Teacher.--The term ``teacher'' means any person
employed as a teacher by the Board of Education or by a
public charter school.
SEC. 2003. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title
shall be effective during the period beginning on the date of
enactment of this Act and ending 5 years after such date.
Subtitle A--District of Columbia Reform Plan
SEC. 2101. LONG-TERM REFORM PLAN.
(a) In General.--
(1) Plan.--The Superintendent, with the approval of the
Board of Education, shall submit to the Mayor, the District
of Columbia Council, the Authority, the Consensus Commission,
and the appropriate congressional committees, a long-term
reform plan, not later than 90 days after the date of
enactment of this Act, and each February 15 thereafter. The
long-term reform plan shall be consistent with the financial
plan and budget for the District of Columbia for fiscal year
1996, and each financial plan and budget for a subsequent
fiscal year, as the case may be, required under section 201
of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(2) Consultation.--
(A) In general.--In developing the long-term reform plan,
the Superintendent--
(i) shall consult with the Board of Education, the Mayor,
the District of Columbia Council, the Authority, and the
Consensus Commission; and
(ii) shall afford the public, interested organizations, and
groups an opportunity to present their views and make
recommendations regarding the long-term reform plan.
(B) Summary of recommendations.--The Superintendent shall
include in the long-term plan a summary of the
recommendations made under subparagraph (A)(ii) and the
response of the Superintendent to the recommendations.
(b) Contents.--
(1) Areas to be addressed.--The long-term reform plan shall
describe how the District of Columbia public schools will
become a world-class education system that prepares students
for lifetime learning in the 21st century and which is on a
par with the best education systems of other cities, States,
and nations. The long-term reform plan shall include a
description of how the District of Columbia public schools
will accomplish the following:
(A) Achievement at nationally and internationally
competitive levels by students attending District of Columbia
public schools.
(B) The preparation of students for the workforce,
including--
(i) providing special emphasis for students planning to
obtain a postsecondary education; and
(ii) the development of individual career paths.
(C) The improvement of the health and safety of students in
District of Columbia public schools.
(D) Local school governance, decentralization, autonomy,
and parental choice among District of Columbia public
schools.
(E) The implementation of a comprehensive and effective
adult education and literacy program.
(F) The identification, beginning in grade 3, of each
student who does not meet minimum standards of academic
achievement in reading, writing, and mathematics in order to
ensure that such student meets such standards prior to grade
promotion.
(G) The achievement of literacy, and the possession of the
knowledge and skills necessary to think critically,
communicate effectively, and perform competently on
districtwide assessments, by students attending District of
Columbia public schools prior to such student's completion of
grade 8.
(H) The establishment of after-school programs that promote
self-confidence, self-discipline, self-respect, good
citizenship, and respect for leaders, through such activities
as arts classes, physical fitness programs, and community
service.
(I) Steps necessary to establish an electronic data
transfer system.
(J) Encourage parental involvement in all school
activities, particularly parent teacher conferences.
(K) Development and implementation, through the Board of
Education and the Superintendent, of a uniform dress code for
the District of Columbia public schools, that--
(i) shall include a prohibition of gang membership symbols;
(ii) shall take into account the relative costs of any such
code for each student; and
[[Page 908]]
(iii) may include a requirement that students wear
uniforms.
(L) The establishment of classes, beginning not later than
grade 3, to teach students how to use computers effectively.
(M) The development of community schools that enable
District of Columbia public schools to collaborate with other
public and nonprofit agencies and organizations, local
businesses, recreational, cultural, and other community and
human service entities, for the purpose of meeting the needs
and expanding the opportunities available to residents of the
communities served by such schools.
(N) The establishment of programs which provide counseling,
mentoring (especially peer mentoring), academic support,
outreach, and supportive services to elementary, middle, and
secondary school students who are at risk of dropping out of
school.
(O) The establishment of a comprehensive remedial education
program to assist students who do not meet basic literacy
standards, or the criteria of promotion gates established in
section 2321.
(P) The establishment of leadership development projects
for middle school principals, which projects shall increase
student learning and achievement and strengthen such
principals as instructional school leaders.
(Q) The implementation of a policy for performance-based
evaluation of principals and teachers, after consultation
with the Superintendent and unions (including unions that
represent teachers and unions that represent principals).
(R) The implementation of policies that require competitive
appointments for all District of Columbia public school
positions.
(S) The implementation of policies regarding alternative
teacher certification requirements.
(T) The implementation of testing requirements for teacher
licensing renewal.
(U) A review of the District of Columbia public school
central office budget and staffing reductions for each fiscal
year compared to the level of such budget and reductions at
the end of fiscal year 1995.
(V) The implementation of the discipline policy for the
District of Columbia public schools in order to ensure a
safe, disciplined environment conducive to learning.
(2) Other information.--For each of the items described in
subparagraphs (A) through (V) of paragraph (1), the long-term
reform plan shall include--
(A) a statement of measurable, objective performance goals;
(B) a description of the measures of performance to be used
in determining whether the Superintendent and Board of
Education have met the goals;
(C) dates by which the goals shall be met;
(D) plans for monitoring and reporting progress to District
of Columbia residents, the Mayor, the District of Columbia
Council, the Authority, the Consensus Commission, and the
appropriate congressional committees regarding the carrying
out of the long-term reform plan; and
(E) the title of the management employee of the District of
Columbia public schools most directly responsible for the
achievement of each goal and, with respect to each such
employee, the title of the employee's immediate supervisor or
superior.
(c) Amendments.--The Superintendent, with the approval of
the Board of Education, shall submit any amendment to the
long-term reform plan to the Mayor, the District of Columbia
Council, the Authority, the Consensus Commission, and the
appropriate congressional committees. Any amendment to the
long-term reform plan shall be consistent with the financial
plan and budget for fiscal year 1996, and each financial plan
and budget for a subsequent fiscal year, as the case may be,
for the District of Columbia required under section 201 of
the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
SEC. 2102. SUPERINTENDENT'S REPORT ON REFORMS.
Not later than December 1, 1996, the Superintendent shall
submit to the appropriate congressional committees, the Board
of Education, the Mayor, the Consensus Commission, and the
District of Columbia Council a report regarding the progress
of the District of Columbia public schools toward achieving
the goals of the long-term reform plan.
SEC. 2103. DISTRICT OF COLUMBIA COUNCIL REPORT.
Not later than April 1, 1997, the Chairperson of the
District of Columbia Council shall submit to the appropriate
congressional committees a report describing legislative and
other actions the District of Columbia Council has taken or
will take to facilitate the implementation of the goals of
the long-term reform plan.
Subtitle B--Public Charter Schools
SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.
(a) Existing Public School.--An eligible applicant seeking
to convert a District of Columbia public school into a public
charter school--
(1) shall prepare a petition to establish a public charter
school that meets the requirements of section 2202;
(2) shall provide a copy of the petition to--
(A) the parents of minor students attending the existing
school;
(B) adult students attending the existing school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible chartering
authority for approval after the petition--
(A) is signed by two-thirds of the sum of--
(i) the total number of parents of minor students attending
the school; and
(ii) the total number of adult students attending the
school; and
(B) is endorsed by at least two-thirds of full-time
teachers employed in the school.
(b) Private or Independent School.--An eligible applicant
seeking to convert an existing private or independent school
in the District of Columbia into a public charter school--
(1) shall prepare a petition to establish a public charter
school that is approved by the Board of Trustees or authority
responsible for the school and that meets the requirements of
section 2202;
(2) shall provide a copy of the petition to--
(A) the parents of minor students attending the existing
school;
(B) adult students attending the existing school; and
(C) employees of the existing school; and
(3) shall file the petition with an eligible chartering
authority for approval after the petition--
(A) is signed by two-thirds of the sum of--
(i) the total number of parents of minor students attending
the school; and
(ii) the total number of adult students attending the
school; and
(B) is endorsed by at least two-thirds of full-time
teachers employed in the school.
(c) New School.--An eligible applicant seeking to establish
in the District of Columbia a public charter school, but not
seeking to convert a District of Columbia public school or a
private or independent school into a public charter school,
shall file with an eligible chartering authority for approval
a petition to establish a public charter school that meets
the requirements of section 2202.
SEC. 2202. CONTENTS OF PETITION.
A petition under section 2201 to establish a public charter
school shall include the following:
(1) A statement defining the mission and goals of the
proposed school and the manner in which the school will
conduct any districtwide assessments.
(2) A statement of the need for the proposed school in the
geographic area of the school site.
(3) A description of the proposed instructional goals and
methods for the proposed school, which shall include, at a
minimum--
(A) the area of focus of the proposed school, such as
mathematics, science, or the arts, if the school will have
such a focus;
(B) the methods that will be used, including classroom
technology, to provide students with the knowledge,
proficiency, and skills needed--
(i) to become nationally and internationally competitive
students and educated individuals in the 21st century; and
(ii) to perform competitively on any districtwide
assessments; and
(C) the methods that will be used to improve student self-
motivation, classroom instruction, and learning for all
students.
(4) A description of the scope and size of the proposed
school's program that will enable students to successfully
achieve the goals established by the school, including the
grade levels to be served by the school and the projected and
maximum enrollment of each grade level.
(5) A description of the plan for evaluating student
academic achievement at the proposed school and the
procedures for remedial action that will be used by the
school when the academic achievement of a student falls below
the expectations of the school.
(6) An operating budget for the first 2 years of the
proposed school that is based on anticipated enrollment and
contains--
(A) a description of the method for conducting annual
audits of the financial, administrative, and programmatic
operations of the school;
(B) either--
(i) an identification of the site where the school will be
located, including a description of any buildings on the site
and any buildings proposed to be constructed on the site; or
(ii) a timetable by which such an identification will be
made;
(C) a description of any major contracts planned, with a
value equal to or exceeding $10,000, for equipment and
services, leases, improvements, purchases of real property,
or insurance; and
(D) a timetable for commencing operations as a public
charter school.
(7) A description of the proposed rules and policies for
governance and operation of the proposed school.
(8) Copies of the proposed articles of incorporation and
bylaws of the proposed school.
(9) The names and addresses of the members of the proposed
Board of Trustees and the procedures for selecting trustees.
(10) A description of the student enrollment, admission,
suspension, expulsion, and other disciplinary policies and
procedures of the proposed school, and the criteria for
making decisions in such areas.
(11) A description of the procedures the proposed school
plans to follow to ensure the health and safety of students,
employees, and guests of the school and to comply with
applicable health and safety laws, and all applicable civil
rights statutes and regulations of the Federal Government and
the District of Columbia.
(12) An explanation of the qualifications that will be
required of employees of the proposed school.
[[Page 909]]
(13) An identification, and a description, of the
individuals and entities submitting the petition, including
their names and addresses, and the names of the organizations
or corporations of which such individuals are directors or
officers.
(14) A description of how parents, teachers, and other
members of the community have been involved in the design and
will continue to be involved in the implementation of the
proposed school.
(15) A description of how parents and teachers will be
provided an orientation and other training to ensure their
effective participation in the operation of the public
charter school.
(16) An assurance the proposed school will seek, obtain,
and maintain accreditation from at least one of the
following:
(A) The Middle States Association of Colleges and Schools.
(B) The Association of Independent Maryland Schools.
(C) The Southern Association of Colleges and Schools.
(D) The Virginia Association of Independent Schools.
(E) American Montessori Internationale.
(F) The American Montessori Society.
(G) The National Academy of Early Childhood Programs.
(H) Any other accrediting body deemed appropriate by the
eligible chartering authority that granted the charter to the
school.
(17) In the case that the proposed school's educational
program includes preschool or prekindergarten, an assurance
the proposed school will be licensed as a child development
center by the District of Columbia Government not later than
the first date on which such program commences.
(18) An explanation of the relationship that will exist
between the public charter school and the school's employees.
(19) A statement of whether the proposed school elects to
be treated as a local educational agency or a District of
Columbia public school for purposes of part B of the
Individuals With Disabilities Education Act (20 U.S.C. 1411
et seq.) and section 504 of the Rehabilitation Act of 1973
(20 U.S.C. 794), and notwithstanding any other provision of
law the eligible chartering authority shall not have the
authority to approve or disapprove such election.
SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER
SCHOOL PETITIONS.
(a) Schedule.--An eligible chartering authority shall
establish a schedule for receiving petitions to establish a
public charter school and shall publish any such schedule in
the District of Columbia Register and newspapers of general
circulation.
(b) Public Hearing.--Not later than 45 days after a
petition to establish a public charter school is filed with
an eligible chartering authority, the eligible chartering
authority shall hold a public hearing on the petition to
gather the information that is necessary for the eligible
chartering authority to make the decision to approve or deny
the petition.
(c) Notice.--Not later than 10 days prior to the scheduled
date of a public hearing on a petition to establish a
public charter school, an eligible chartering
authority--
(1) shall publish a notice of the hearing in the District
of Columbia Register and newspapers of general circulation;
and
(2) shall send a written notification of the hearing date
to the eligible applicant who filed the petition.
(d) Approval.--Subject to subsection (i), an eligible
chartering authority may approve a petition to establish a
public charter school, if--
(1) the eligible chartering authority determines that the
petition satisfies the requirements of this subtitle;
(2) the eligible applicant who filed the petition agrees to
satisfy any condition or requirement, consistent with this
subtitle and other applicable law, that is set forth in
writing by the eligible chartering authority as an amendment
to the petition; and
(3) the eligible chartering authority determines that the
public charter school has the ability to meet the educational
objectives outlined in the petition.
(e) Timetable.--An eligible chartering authority shall
approve or deny a petition to establish a public charter
school not later than 45 days after the conclusion of the
public hearing on the petition.
(f) Extension.--An eligible chartering authority and an
eligible applicant may agree to extend the 45-day time period
referred to in subsection (e) by a period that shall not
exceed 30 days.
(g) Denial Explanation.--If an eligible chartering
authority denies a petition or finds the petition to be
incomplete, the eligible chartering authority shall specify
in writing the reasons for its decision and indicate, when
the eligible chartering authority determines appropriate, how
the eligible applicant who filed the petition may revise the
petition to satisfy the requirements for approval.
(h) Approved Petition.--
(1) Notice.--Not later than 10 days after an eligible
chartering authority approves a petition to establish a
public charter school, the eligible chartering authority
shall provide a written notice of the approval, including a
copy of the approved petition and any conditions or
requirements agreed to under subsection (d)(2), to the
eligible applicant and to the Chief Financial Officer of the
District of Columbia. The eligible chartering authority shall
publish a notice of the approval of the petition in the
District of Columbia Register and newspapers of general
circulation.
(2) Charter.--The provisions described in paragraphs (1),
(7), (8), (11), (16), (17), and (18) of section 2202 of a
petition to establish a public charter school that are
approved by an eligible chartering authority, together with
any amendments to such provisions in the petition containing
conditions or requirements agreed to by the eligible
applicant under subsection (d)(2), shall be considered a
charter granted to the school by the eligible chartering
authority.
(i) Number of Petitions.--
(1) First year.--For academic year 1996-1997, not more than
10 petitions to establish public charter schools may be
approved under this subtitle.
(2) Subsequent years.--For academic year 1997-1998 and each
academic year thereafter each eligible chartering authority
shall not approve more than 5 petitions to establish a public
charter school under this subtitle.
(j) Exclusive Authority of the Eligible Chartering
Authority.--No governmental entity, elected official, or
employee of the District of Columbia shall make, participate
in making, or intervene in the making of, the decision to
approve or deny a petition to establish a public charter
school, except for officers or employees of the eligible
chartering authority with which the petition is filed.
SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC
CHARTER SCHOOLS.
(a) Duties.--A public charter school shall comply with all
of the terms and provisions of its charter.
(b) Powers.--A public charter school shall have the
following powers:
(1) To adopt a name and corporate seal, but only if the
name selected includes the words ``public charter school''.
(2) To acquire real property for use as the public charter
school's facilities, from public or private sources.
(3) To receive and disburse funds for public charter school
purposes.
(4) Subject to subsection (c)(1), to secure appropriate
insurance and to make contracts and leases, including
agreements to procure or purchase services, equipment, and
supplies.
(5) To incur debt in reasonable anticipation of the receipt
of funds from the general fund of the District of Columbia or
the receipt of Federal or private funds.
(6) To solicit and accept any grants or gifts for public
charter school purposes, if the public charter school--
(A) does not accept any grants or gifts subject to any
condition contrary to law or contrary to its charter; and
(B) maintains for financial reporting purposes separate
accounts for grants or gifts.
(7) To be responsible for the public charter school's
operation, including preparation of a budget and personnel
matters.
(8) To sue and be sued in the public charter school's own
name.
(c) Prohibitions and Other Requirements.--
(1) Contracting authority.--
(A) Notice requirement.--Except in the case of an emergency
(as determined by the eligible chartering authority of a
public charter school), with respect to any contract proposed
to be awarded by the public charter school and having a value
equal to or exceeding $10,000, the school shall publish a
notice of a request for proposals in the District of Columbia
Register and newspapers of general circulation not less than
30 days prior to the award of the contract.
(B) Submission to the authority.--
(i) Deadline for submission.--With respect to any contract
described in subparagraph (A) that is awarded by a public
charter school, the school shall submit to the Authority, not
later than 3 days after the date on which the award is made,
all bids for the contract received by the school, the name of
the contractor who is awarded the contract, and the rationale
for the award of the contract.
(ii) Effective date of contract.--
(I) In general.--Subject to subclause (II), a contract
described in subparagraph (A) shall become effective on the
date that is 15 days after the date the school makes the
submission under clause (i) with respect to the contract, or
the effective date specified in the contract, whichever is
later.
(II) Exception.--A contract described in subparagraph (A)
shall be considered null and void if the Authority
determines, within 12 days of the date the school makes the
submission under clause (i) with respect to the contract,
that the contract endangers the economic viability of the
public charter school.
(2) Tuition.--A public charter school may not charge
tuition, fees, or other mandatory payments, except to
nonresident students, or for field trips or similar
activities.
(3) Control.--A public charter school--
(A) shall exercise exclusive control over its expenditures,
administration, personnel, and instructional methods, within
the limitations imposed in this subtitle; and
(B) shall be exempt from District of Columbia statutes,
policies, rules, and regulations established for the District
of Columbia public schools by the Superintendent, Board of
Education, Mayor, District of Columbia Council, or Authority,
except as otherwise provided in the school's charter or this
subtitle.
(4) Health and safety.--A public charter school shall
maintain the health and safety of all students attending such
school.
[[Page 910]]
(5) Civil rights and idea.--The Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall
apply to a public charter school.
(6) Governance.--A public charter school shall be governed
by a Board of Trustees in a manner consistent with the
charter granted to the school and the provisions of this
subtitle.
(7) Other staff.--No employee of the District of Columbia
public schools may be required to accept employment with, or
be assigned to, a public charter school.
(8) Other students.--No student enrolled in a District of
Columbia public school may be required to attend a public
charter school.
(9) Taxes or bonds.--A public charter school shall not levy
taxes or issue bonds.
(10) Charter revision.--A public charter school seeking to
revise its charter shall prepare a petition for approval of
the revision and file the petition with the eligible
chartering authority that granted the charter. The provisions
of section 2203 shall apply to such a petition in the same
manner as such provisions apply to a petition to establish a
public charter school.
(11) Annual report.--
(A) In general.--A public charter school shall submit an
annual report to the eligible chartering authority that
approved its charter. The school shall permit a member of the
public to review any such report upon request.
(B) Contents.--A report submitted under subparagraph (A)
shall include the following data:
(i) A report on the extent to which the school is meeting
its mission and goals as stated in the petition for the
charter school.
(ii) Student performance on any districtwide assessments.
(iii) Grade advancement for students enrolled in the public
charter school.
(iv) Graduation rates, college admission test scores, and
college admission rates, if applicable.
(v) Types and amounts of parental involvement.
(vi) Official student enrollment.
(vii) Average daily attendance.
(viii) Average daily membership.
(ix) A financial statement audited by an independent
certified public accountant in accordance with Government
auditing standards for financial audits issued by the
Comptroller General of the United States.
(x) A report on school staff indicating the qualifications
and responsibilities of such staff.
(xi) A list of all donors and grantors that have
contributed monetary or in-kind donations having a value
equal to or exceeding $500 during the year that is the
subject of the report.
(C) Nonidentifying data.--Data described in clauses (i)
through (ix) of subparagraph (B) that are included in an
annual report shall not identify the individuals to whom the
data pertain.
(12) Census.--A public charter school shall provide to the
Board of Education student enrollment data necessary for the
Board of Education to comply with section 3 of article II of
the Act of February 4, 1925 (D.C. Code, sec. 31-404)
(relating to census of minors).
(13) Complaint resolution process.--A public charter school
shall establish an informal complaint resolution process.
(14) Program of education.--A public charter school shall
provide a program of education which shall include one or
more of the following:
(A) Preschool.
(B) Prekindergarten.
(C) Any grade or grades from kindergarten through grade 12.
(D) Residential education.
(E) Adult, community, continuing, and vocational education
programs.
(15) Nonsectarian nature of schools.--A public charter
school shall be nonsectarian and shall not be affiliated with
a sectarian school or religious institution.
(16) Nonprofit status of school.--A public charter school
shall be organized under the District of Columbia Nonprofit
Corporation Act (D.C. Code, sec. 29-501 et seq.).
(17) Immunity from civil liability.--
(A) In general.--A public charter school, and its
incorporators, Board of Trustees, officers, employees, and
volunteers, shall be immune from civil liability, both
personally and professionally, for any act or omission within
the scope of their official duties unless the act or
omission--
(i) constitutes gross negligence;
(ii) constitutes an intentional tort; or
(iii) is criminal in nature.
(B) Common law immunity preserved.--Subparagraph (A) shall
not be construed to abrogate any immunity under common law of
a person described in such subparagraph.
SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.
(a) Board of Trustees.--The members of a Board of Trustees
of a public charter school shall be elected or selected
pursuant to the charter granted to the school. Such Board of
Trustees shall have an odd number of members that does not
exceed 7, of which--
(1) a majority shall be residents of the District of
Columbia; and
(2) at least 2 shall be parents of a student attending the
school.
(b) Eligibility.--An individual is eligible for election or
selection to the Board of Trustees of a public charter school
if the person--
(1) is a teacher or staff member who is employed at the
school;
(2) is a parent of a student attending the school; or
(3) meets the election or selection criteria set forth in
the charter granted to the school.
(c) Election or Selection of Parents.--In the case of the
first Board of Trustees of a public charter school to be
elected or selected after the date on which the school is
granted a charter, the election or selection of the members
under subsection (a)(2) shall occur on the earliest
practicable date after classes at the school have commenced.
Until such date, any other members who have been elected or
selected shall serve as an interim Board of Trustees. Such an
interim Board of Trustees may exercise all of the powers, and
shall be subject to all of the duties, of a Board of
Trustees.
(d) Fiduciaries.--The Board of Trustees of a public charter
school shall be fiduciaries of the school and shall set
overall policy for the school. The Board of Trustees may make
final decisions on matters related to the operation of the
school, consistent with the charter granted to the school,
this subtitle, and other applicable law.
SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.
(a) Open Enrollment.--Enrollment in a public charter school
shall be open to all students who are residents of the
District of Columbia and, if space is available, to
nonresident students who meet the tuition requirement in
subsection (e).
(b) Criteria for Admission.--A public charter school may
not limit enrollment on the basis of a student's race, color,
religion, national origin, language spoken, intellectual or
athletic ability, measures of achievement or aptitude, or
status as a student with special needs. A public charter
school may limit enrollment to specific grade levels.
(c) Random Selection.--If there are more applications to
enroll in a public charter school from students who are
residents of the District of Columbia than there are spaces
available, students shall be admitted using a random
selection process.
(d) Admission to an Existing School.--During the 5-year
period beginning on the date that a petition, filed by an
eligible applicant seeking to convert a District of Columbia
public school or a private or independent school into a
public charter school, is approved, the school may give
priority in enrollment to--
(1) students enrolled in the school at the time the
petition is granted;
(2) the siblings of students described in paragraph (1);
and
(3) in the case of the conversion of a District of Columbia
public school, students who reside within the attendance
boundaries, if any, in which the school is located.
(e) Nonresident Students.--Nonresident students shall pay
tuition to attend a public charter school at the applicable
rate established for District of Columbia public schools
administered by the Board of Education for the type of
program in which the student is enrolled.
(f) Student Withdrawal.--A student may withdraw from a
public charter school at any time and, if otherwise eligible,
enroll in a District of Columbia public school administered
by the Board of Education.
(g) Expulsion and Suspension.--The principal of a public
charter school may expel or suspend a student from the school
based on criteria set forth in the charter granted to the
school.
SEC. 2207. EMPLOYEES.
(a) Extended Leave of Absence Without Pay.--
(1) Leave of absence from district of columbia public
schools.--The Superintendent shall grant, upon request, an
extended leave of absence, without pay, to an employee of the
District of Columbia public schools for the purpose of
permitting the employee to accept a position at a public
charter school for a 2-year term.
(2) Request for extension.--At the end of a 2-year term
referred to in paragraph (1), an employee granted an extended
leave of absence without pay under such paragraph may submit
a request to the Superintendent for an extension of the leave
of absence for an unlimited number of 2-year terms. The
Superintendent may not unreasonably (as determined by the
eligible chartering authority) withhold approval of the
request.
(3) Rights upon termination of leave.--An employee granted
an extended leave of absence without pay for the purpose
described in paragraph (1) or (2) shall have the same rights
and benefits under law upon termination of such leave of
absence as an employee of the District of Columbia public
schools who is granted an extended leave of absence without
pay for any other purpose.
(b) Retirement System.--
(1) Creditable service.--An employee of a public charter
school who has received a leave of absence under subsection
(a) shall receive creditable service, as defined in section
2604 of D.C. Law 2-139, effective March 3, 1979 (D.C. Code,
sec. 1-627.4) and the rules established under such section,
for the period of the employee's employment at the public
charter school.
(2) Authority to establish separate system.--A public
charter school may establish a retirement system for
employees under its authority.
[[Page 911]]
(3) Election of retirement system.--A former employee of
the District of Columbia public schools who becomes an
employee of a public charter school within 60 days after the
date the employee's employment with the District of Columbia
public schools is terminated may, at the time the employee
commences employment with the public charter school, elect--
(A) to remain in a District of Columbia Government
retirement system and continue to receive creditable service
for the period of their employment at a public charter
school; or
(B) to transfer into a retirement system established by the
public charter school pursuant to paragraph (2).
(4) Prohibited employment conditions.--No public charter
school may require a former employee of the District of
Columbia public schools to transfer to the public charter
school's retirement system as a condition of employment.
(5) Contributions.--
(A) Employees electing not to transfer.--In the case of a
former employee of the District of Columbia public schools
who elects to remain in a District of Columbia Government
retirement system pursuant to paragraph (3)(A), the public
charter school that employs the person shall make the same
contribution to such system on behalf of the person as the
District of Columbia would have been required to make if the
person had continued to be an employee of the District of
Columbia public schools.
(B) Employees electing to transfer.--In the case of a
former employee of the District of Columbia public schools
who elects to transfer into a retirement system of a public
charter school pursuant to paragraph (3)(B), the applicable
District of Columbia Government retirement system from which
the former employee is transferring shall compute the
employee's contribution to that system and transfer this
amount, to the retirement system of the public charter
school.
(c) Employment Status.--Notwithstanding any other provision
of law and except as provided in this section, an employee of
a public charter school shall not be considered to be an
employee of the District of Columbia Government for any
purpose.
SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.
A student attending a public charter school shall be
eligible for reduced fares on the Metrobus and Metrorail
Transit System on the same terms and conditions as are
applicable under section 2 of D.C. Law 2-152, effective March
9, 1979 (D.C. Code, sec. 44-216 et seq.), to a student
attending a District of Columbia public school.
SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO
PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services, such as facilities
maintenance, to public charter schools. All compensation for
costs of such services shall be subject to negotiation and
mutual agreement between a public charter school and the
Superintendent.
SEC. 2210. APPLICATION OF LAW.
(a) Elementary and Secondary Education Act of 1965.--
(1) Treatment as local educational agency.--
(A) In general.--For any fiscal year, a public charter
school shall be considered to be a local educational agency
for purposes of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), and
shall be eligible for assistance under such part, if the
fraction the numerator of which is the number of low-income
students enrolled in the public charter school during the
fiscal year preceding the fiscal year for which the
determination is made and the denominator of which is the
total number of students enrolled in such public charter
school for such preceding year, is equal to or greater than
the lowest fraction determined for any District of Columbia
public school receiving assistance under such part A where
the numerator is the number of low-income students enrolled
in such public school for such preceding year and the
denominator is the total number of students enrolled in such
public school for such preceding year.
(B) Definition.--For the purposes of this subsection, the
term ``low-income student'' means a student from a low-income
family determined according to the measure adopted by the
District of Columbia to carry out the provisions of part A of
title I of the Elementary and Secondary Education Act of 1965
that is consistent with the measures described in section
1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the fiscal
year for which the determination is made.
(2) Allocation for fiscal years 1996 through 1998.--
(A) Public charter schools.--For fiscal years 1996 through
1998, each public charter school that is eligible to receive
assistance under part A of title I of the Elementary and
Secondary Education Act of 1965 shall receive a portion of
the District of Columbia's total allocation under such part
which bears the same ratio to such total allocation as the
number described in subparagraph (C) bears to the number
described in subparagraph (D).
(B) District of columbia public schools.--For fiscal years
1996 through 1998, the District of Columbia public schools
shall receive a portion of the District of Columbia's total
allocation under part A of title I of the Elementary and
Secondary Education Act of 1965 which bears the same ratio to
such total allocation as the total of the numbers described
in clauses (ii) and (iii) of subparagraph (D) bears to the
aggregate total described in subparagraph (D).
(C) Number of eligible students enrolled in the public
charter school.--The number described in this subparagraph is
the number of low-income students enrolled in the public
charter school during the fiscal year preceding the fiscal
year for which the determination is made.
(D) Aggregate number of eligible students.--The number
described in this subparagraph is the aggregate total of the
following numbers:
(i) The number of low-income students who, during the
fiscal year preceding the fiscal year for which the
determination is made, were enrolled in a public charter
school.
(ii) The number of low-income students who, during the
fiscal year preceding the fiscal year for which the
determination is made, were enrolled in a District of
Columbia public school selected to provide services under
part A of title I of the Elementary and Secondary Education
Act of 1965.
(iii) The number of low-income students who, during the
fiscal year preceding the fiscal year for which the
determination is made--
(I) were enrolled in a private or independent school; and
(II) resided in an attendance area of a District of
Columbia public school selected to provide services under
part A of title I of the Elementary and Secondary Education
Act of 1965.
(3) Allocation for fiscal year 1999 and thereafter.--
(A) Calculation by secretary.--Notwithstanding sections
1124(a)(2), 1124A(a)(4), and 1125(d) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 0634(a)(2),
6334(a)(4), and 6335(d)), for fiscal year 1999 and each
fiscal year thereafter, the total allocation under part A of
title I of such Act for all local educational agencies in the
District of Columbia, including public charter schools that
are eligible to receive assistance under such part, shall be
calculated by the Secretary of Education. In making such
calculation, such Secretary shall treat all such local
educational agencies as if such agencies were a single local
educational agency for the District of Columbia.
(B) Allocation.--
(i) Public charter schools.--For fiscal year 1999 and each
fiscal year thereafter, each public charter school that is
eligible to receive assistance under part A of title I of the
Elementary and Secondary Education Act of 1965 shall receive
a portion of the total allocation calculated under
subparagraph (A) which bears the same ratio to such total
allocation as the number described in paragraph (2)(C) bears
to the aggregate total described in paragraph (2)(D).
(ii) District of columbia public school.--For fiscal year
1999 and each fiscal year thereafter, the District of
Columbia public schools shall receive a portion of the total
allocation calculated under subparagraph (A) which bears the
same ratio to such total allocation as the total of the
numbers described in clauses (ii) and (iii) of paragraph
(2)(D) bears to the aggregate total described in paragraph
(2)(D).
(4) Use of esea funds.--The Board of Education may not
direct a public charter school in the school's use of funds
under part A of title I of the Elementary and Secondary
Education Act of 1965.
(5) ESEA requirements.--Except as provided in paragraph
(6), a public charter school receiving funds under part A of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) shall comply with all requirements
applicable to schools receiving such funds.
(6) Inapplicability of certain esea provisions.--The
following provisions of the Elementary and Secondary
Education Act of 1965 shall not apply to a public charter
school:
(A) Paragraphs (5) and (8) of section 1112(b) (20 U.S.C.
6312(b)).
(B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), (1)(F),
(1)(H), and (3) of section 1112(c) (20 U.S.C. 6312(c)).
(C) Section 1113 (20 U.S.C. 6313).
(D) Section 1115A (20 U.S.C. 6316).
(E) Subsections (a), (b), and (c) of section 1116 (20
U.S.C. 6317).
(F) Subsections (d) and (e) of section 1118 (20 U.S.C.
6319).
(G) Section 1120 (20 U.S.C. 6321).
(H) Subsections (a) and (c) of section 1120A (20 U.S.C.
6322).
(I) Section 1126 (20 U.S.C. 6337).
(b) Property and Sales Taxes.--A public charter school
shall be exempt from District of Columbia property and sales
taxes.
(c) Education of Children With Disabilities.--
Notwithstanding any other provision of this title, each
public charter school shall elect to be treated as a local
educational agency or a District of Columbia public school
for the purpose of part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.) and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794).
SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING
AUTHORITIES.
(a) Oversight.--
(1) In general.--An eligible chartering authority--
(A) shall monitor the operations of each public charter
school to which the eligible chartering authority has granted
a charter;
(B) shall ensure that each such school complies with
applicable laws and the provisions of the charter granted to
such school; and
(C) shall monitor the progress of each such school in
meeting student academic achieve
[[Page 912]]
ment expectations specified in the charter granted to such
school.
(2) Production of books and records.--An eligible
chartering authority may require a public charter school to
which the eligible chartering authority has granted a charter
to produce any book, record, paper, or document, if the
eligible chartering authority determines that such production
is necessary for the eligible chartering authority to carry
out its functions under this subtitle.
(b) Fees.--
(1) Application fee.--An eligible chartering authority may
charge an eligible applicant a fee, not to exceed $150, for
processing a petition to establish a public charter school.
(2) Administration fee.--In the case of an eligible
chartering authority that has granted a charter to a public
charter school, the eligible chartering authority may charge
the school a fee, not to exceed one-half of one percent of
the annual budget of the school, to cover the cost of
undertaking the ongoing administrative responsibilities of
the eligible chartering authority with respect to the school
that are described in this subtitle. The school shall pay the
fee to the eligible chartering authority not later than
November 15 of each year.
(c) Immunity From Civil Liability.--
(1) In general.--An eligible chartering authority, the
Board of Trustees of such an eligible chartering authority,
and a director, officer, employee, or volunteer of such an
eligible chartering authority, shall be immune from civil
liability, both personally and professionally, for any act or
omission within the scope of their official duties unless the
act or omission--
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
(C) is criminal in nature.
(2) Common law immunity preserved.--Paragraph (1) shall not
be construed to abrogate any immunity under common law of a
person described in such paragraph.
(d) Annual Report.--On or before July 30 of each year, each
eligible chartering authority that issues a charter under
this subtitle shall submit a report to the Mayor, the
District of Columbia Council, the Board of Education, the
Secretary of Education, the appropriate congressional
committees, and the Consensus Commission that includes the
following information:
(1) A list of the members of the eligible chartering
authority and the addresses of such members.
(2) A list of the dates and places of each meeting of the
eligible chartering authority during the year preceding the
report.
(3) The number of petitions received by the eligible
chartering authority for the conversion of a District of
Columbia public school or a private or independent school to
a public charter school, and for the creation of a new school
as a public charter school.
(4) The number of petitions described in paragraph (3) that
were approved and the number that were denied, as well as a
summary of the reasons for which such petitions were denied.
(5) A description of any new charters issued by the
eligible chartering authority during the year preceding the
report.
(6) A description of any charters renewed by the eligible
chartering authority during the year preceding the report.
(7) A description of any charters revoked by the eligible
chartering authority during the year preceding the report.
(8) A description of any charters refused renewal by the
eligible chartering authority during the year preceding the
report.
(9) Any recommendations the eligible chartering authority
has concerning ways to improve the administration of public
charter schools.
SEC. 2212. CHARTER RENEWAL.
(a) Term.--A charter granted to a public charter school
shall remain in force for a 5-year period, but may be renewed
for an unlimited number of times, each time for a 5-year
period.
(b) Application for Charter Renewal.--In the case of a
public charter school that desires to renew its charter, the
Board of Trustees of the school shall file an application to
renew the charter with the eligible chartering authority that
granted the charter not later than 120 days nor earlier than
365 days before the expiration of the charter. The
application shall contain the following:
(1) A report on the progress of the public charter school
in achieving the goals, student academic achievement
expectations, and other terms of the approved charter.
(2) All audited financial statements for the public charter
school for the preceding 4 years.
(c) Approval of Charter Renewal Application.--The eligible
chartering authority that granted a charter shall approve an
application to renew the charter that is filed in accordance
with subsection (b), except that the eligible chartering
authority shall not approve such application if the eligible
chartering authority determines that--
(1) the school committed a material violation of applicable
laws or a material violation of the conditions, terms,
standards, or procedures set forth in its charter, including
violations relating to the education of children with
disabilities; or
(2) the school failed to meet the goals and student
academic achievement expectations set forth in its charter.
(d) Procedures for Consideration of Charter Renewal.--
(1) Notice of right to hearing.--An eligible chartering
authority that has received an application to renew a charter
that is filed by a Board of Trustees in accordance with
subsection (b) shall provide to the Board of Trustees written
notice of the right to an informal hearing on the
application. The eligible chartering authority shall provide
the notice not later than 15 days after the date on which the
eligible chartering authority received the application.
(2) Request for hearing.--Not later than 15 days after the
date on which a Board of Trustees receives a notice under
paragraph (1), the Board of Trustees may request, in writing,
an informal hearing on the application before the eligible
chartering authority.
(3) Date and time of hearing.--
(A) Notice.--Upon receiving a timely written request for a
hearing under paragraph (2), an eligible chartering authority
shall set a date and time for the hearing and shall provide
reasonable notice of the date and time, as well as the
procedures to be followed at the hearing, to the Board of
Trustees.
(B) Deadline.--An informal hearing under this subsection
shall take place not later than 30 days after an eligible
chartering authority receives a timely written request for
the hearing under paragraph (2).
(4) Final decision.--
(A) Deadline.--An eligible chartering authority shall
render a final decision, in writing, on an application to
renew a charter--
(i) not later than 30 days after the date on which the
eligible chartering authority provided the written notice of
the right to a hearing, in the case of an application with
respect to which such a hearing is not held; and
(ii) not later than 30 days after the date on which the
hearing is concluded, in the case of an application with
respect to which a hearing is held.
(B) Reasons for nonrenewal.--An eligible chartering
authority that denies an application to renew a charter shall
state in its decision the reasons for denial.
(5) Alternatives upon nonrenewal.--If an eligible
chartering authority denies an application to renew a charter
granted to a public charter school, the Board of Education
may--
(A) manage the school directly until alternative
arrangements can be made for students at the school; or
(B) place the school in a probationary status that requires
the school to take remedial actions, to be determined by the
Board of Education, that directly relate to the grounds for
the denial.
(6) Judicial review.--
(A) Availability of review.--A decision by an eligible
chartering authority to deny an application to renew a
charter shall be subject to judicial review by an appropriate
court of the District of Columbia.
(B) Standard of review.--A decision by an eligible
chartering authority to deny an application to renew a
charter shall be upheld unless the decision is arbitrary and
capricious or clearly erroneous.
SEC. 2213. CHARTER REVOCATION.
(a) Charter or Law Violations.--An eligible chartering
authority that has granted a charter to a public charter
school may revoke the charter if the eligible chartering
authority determines that the school has committed a
violation of applicable laws or a material violation of the
conditions, terms, standards, or procedures set forth in the
charter, including violations relating to the education of
children with disabilities.
(b) Fiscal Mismanagement.--An eligible chartering authority
that has granted a charter to a public charter school shall
revoke the charter if the eligible chartering authority
determines that the school--
(1) has engaged in a pattern of nonadherence to generally
accepted accounting principles;
(2) has engaged in a pattern of fiscal mismanagement; or
(3) is no longer economically viable.
(c) Procedures for Consideration of Revocation.--
(1) Notice of right to hearing.--An eligible chartering
authority that is proposing to revoke a charter granted to a
public charter school shall provide to the Board of Trustees
of the school a written notice stating the reasons for the
proposed revocation. The notice shall inform the Board of
Trustees of the right of the Board of Trustees to an informal
hearing on the proposed revocation.
(2) Request for hearing.--Not later than 15 days after the
date on which a Board of Trustees receives a notice under
paragraph (1), the Board of Trustees may request, in writing,
an informal hearing on the proposed revocation before the
eligible chartering authority.
(3) Date and time of hearing.--
(A) Notice.--Upon receiving a timely written request for a
hearing under paragraph (2), an eligible chartering authority
shall set a date and time for the hearing and shall provide
reasonable notice of the date and time, as well as the
procedures to be followed at the hearing, to the Board of
Trustees.
(B) Deadline.--An informal hearing under this subsection
shall take place not later than 30 days after an eligible
chartering authority receives a timely written request for
the hearing under paragraph (2).
(4) Final decision.--
(A) Deadline.--An eligible chartering authority shall
render a final decision, in writing, on the revocation of a
charter--
(i) not later than 30 days after the date on which the
eligible chartering authority provided the written notice of
the right to a hearing, in the case of a proposed revocation
with respect to which such a hearing is not held; and
(ii) not later than 30 days after the date on which the
hearing is concluded, in the case
[[Page 913]]
of a proposed revocation with respect to which a hearing is
held.
(B) Reasons for revocation.--An eligible chartering
authority that revokes a charter shall state in its decision
the reasons for the revocation.
(5) Alternatives upon revocation.--If an eligible
chartering authority revokes a charter granted to a public
charter school, the Board of Education may manage the school
directly until alternative arrangements can be made for
students at the school.
(6) Judicial review.--
(A) Availability of review.--A decision by an eligible
chartering authority to revoke a charter shall be subject to
judicial review by an appropriate court of the District of
Columbia.
(B) Standard of review.--A decision by an eligible
chartering authority to revoke a charter shall be upheld
unless the decision is arbitrary and capricious or clearly
erroneous.
SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.
(a) Establishment.--
(1) In general.--There is established within the District
of Columbia Government a Public Charter School Board (in this
section referred to as the ``Board'').
(2) Membership.--The Secretary of Education shall present
the Mayor a list of 15 individuals the Secretary determines
are qualified to serve on the Board. The Mayor, in
consultation with the District of Columbia Council, shall
appoint 7 individuals from the list to serve on the Board.
The Secretary of Education shall recommend, and the Mayor
shall appoint, members to serve on the Board so that a
knowledge of each of the following areas is represented on
the Board:
(A) Research about and experience in student learning,
quality teaching, and evaluation of and accountability in
successful schools.
(B) The operation of a financially sound enterprise,
including leadership and management techniques, as well as
the budgeting and accounting skills critical to the startup
of a successful enterprise.
(C) The educational, social, and economic development needs
of the District of Columbia.
(D) The needs and interests of students and parents in the
District of Columbia, as well as methods of involving parents
and other members of the community in individual schools.
(3) Vacancies.--Any time there is a vacancy in the
membership of the Board, the Secretary of Education shall
present the Mayor a list of 3 individuals the Secretary
determines are qualified to serve on the Board. The Mayor, in
consultation with the District of Columbia Council, shall
appoint 1 individual from the list to serve on the Board. The
Secretary shall recommend and the Mayor shall appoint, such
member of the Board taking into consideration the criteria
described in paragraph (2). Any member appointed to fill a
vacancy occurring prior to the expiration of the term of a
predecessor shall be appointed only for the remainder of the
term.
(4) Time limit for appointments.--If, at any time, the
Mayor does not appoint members to the Board sufficient to
bring the Board's membership to 7 within 30 days of receiving
a recommendation from the Secretary of Education under
paragraph (2) or (3), the Secretary shall make such
appointments as are necessary to bring the membership of the
Board to 7.
(5) Terms of members.--
(A) In general.--Members of the Board shall serve for terms
of 4 years, except that, of the initial appointments made
under paragraph (2), the Mayor shall designate--
(i) 2 members to serve terms of 3 years;
(ii) 2 members to serve terms of 2 years; and
(iii) 1 member to serve a term of 1 year.
(B) Reappointment.--Members of the Board shall be eligible
to be reappointed for one 4-year term beyond their initial
term of appointment.
(6) Independence.--No person employed by the District of
Columbia public schools or a public charter school shall be
eligible to be a member of the Board or to be employed by the
Board.
(b) Operations of the Board.--
(1) Chair.--The members of the Board shall elect from among
their membership 1 individual to serve as Chair. Such
election shall be held each year after members of the Board
have been appointed to fill any vacancies caused by the
regular expiration of previous members' terms, or when
requested by a majority vote of the members of the Board.
(2) Quorum.--A majority of the members of the Board, not
including any positions that may be vacant, shall constitute
a quorum sufficient for conducting the business of the Board.
(3) Meetings.--The Board shall meet at the call of the
Chair, subject to the hearing requirements of sections 2203,
2212(d)(3), and 2213(c)(3).
(c) No Compensation for Service.--Members of the Board
shall serve without pay, but may receive reimbursement for
any reasonable and necessary expenses incurred by reason of
service on the Board.
(d) Personnel and Resources.--
(1) In general.--Subject to such rules as may be made by
the Board, the Chair shall have the power to appoint,
terminate, and fix the pay of an Executive Director and such
other personnel of the Board as the Chair considers
necessary, but no individual so appointed shall be paid in
excess of the rate payable for level EG-16 of the Educational
Service of the District of Columbia.
(2) Special rule.--The Board is authorized to use the
services, personnel, and facilities of the District of
Columbia.
(e) Expenses of Board.--Any expenses of the Board shall be
paid from such funds as may be available to the Mayor:
Provided, That within 45 days of the enactment of this Act
the Mayor shall make available not less than $130,000 to the
Board.
(f) Audit.--The Board shall provide for an audit of the
financial statements of the Board by an independent certified
public accountant in accordance with Government auditing
standards for financial audits issued by the Comptroller
General of the United States.
(g) Authorization of Appropriations.--For the purpose of
carrying out the provisions of this section and conducting
the Board's functions required by this subtitle, there are
authorized to be appropriated $300,000 for fiscal year 1997
and such sums as may be necessary for each of the 3
succeeding fiscal years.
SEC. 2215. FEDERAL ENTITIES.
(a) In General.--The following Federal agencies and
federally established entities are encouraged to explore
whether it is feasible for the agency or entity to establish
one or more public charter schools:
(1) The Library of Congress.
(2) The National Aeronautics and Space Administration.
(3) The Drug Enforcement Administration.
(4) The National Science Foundation.
(5) The Department of Justice.
(6) The Department of Defense.
(7) The Department of Education.
(8) The Smithsonian Institution, including the National
Zoological Park, the National Museum of American History, the
John F. Kennedy Center for the Performing Arts, and the
National Gallery of Art.
(b) Report.--Not later than 120 days after date of
enactment of this Act, any agency or institution described in
subsection (a) that has explored the feasibility of
establishing a public charter school shall report its
determination on the feasibility to the appropriate
congressional committees.
Subtitle C--World Class Schools Task Force, Core Curriculum, Content
Standards, Assessments, and Promotion Gates
PART 1--WORLD CLASS SCHOOLS TASK FORCE, CORE CURRICULUM, CONTENT
STANDARDS, AND ASSESSMENTS
SEC. 2311. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.
(a) Grant Authorized.--
(1) In general.--The Superintendent is authorized to award
a grant to a World Class Schools Task Force to enable such
task force to make the recommendation described in subsection
(b).
(2) Definition.--For the purpose of this subtitle, the term
``World Class Schools Task Force'' means 1 nonprofit
organization located in the District of Columbia that--
(A) has a national reputation for advocating content
standards;
(B) has a national reputation for advocating a strong
liberal arts curriculum;
(C) has experience with at least 4 urban school districts
for the purpose of establishing content standards;
(D) has developed and managed professional development
programs in science, mathematics, the humanities and the
arts; and
(E) is governed by an independent board of directors
composed of citizens with a variety of experiences in
education and public policy.
(b) Recommendation Required.--
(1) In general.--The World Class Schools Task Force shall
recommend to the Superintendent, the Board of Education, and
the District of Columbia Goals Panel the following:
(A) Content standards in the core academic subjects that
are developed by working with the District of Columbia
community, which standards shall be developed not later than
12 months after the date of enactment of this Act.
(B) A core curriculum developed by working with the
District of Columbia community, which curriculum shall
include the teaching of computer skills.
(C) Districtwide assessments for measuring student
achievement in accordance with content standards developed
under subparagraph (A). Such assessments shall be developed
at several grade levels, including at a minimum, the grade
levels with respect to which the Superintendent establishes
promotion gates under section 2321. To the extent feasible,
such assessments shall, at a minimum, be designed to provide
information that permits comparisons between--
(i) individual District of Columbia public schools and
public charter schools; and
(ii) individual students attending such schools.
(D) Model professional development programs for teachers
using the standards and curriculum developed under
subparagraphs (A) and (B).
(2) Special rule.--The World Class Schools Task Force is
encouraged, to the extent practicable, to develop
districtwide assessments described in paragraph (1)(C) that
permit comparisons among--
(A) individual District of Columbia public schools and
public charter schools, and individual students attending
such schools; and
(B) students of other nations.
(c) Content.--The content standards and assessments
recommended under subsection (b) shall be judged by the World
Class Schools Task Force to be world class, includ
[[Page 914]]
ing having a level of quality and rigor, or being analogous
to content standards and assessments of other States or
nations (including nations whose students historically score
high on international studies of student achievement).
(d) Submission to Board of Education for Adoption.--If the
content standards, curriculum, assessments, and programs
recommended under subsection (b) are approved by the
Superintendent, the Superintendent may submit such content
standards, curriculum, assessments, and programs to the Board
of Education for adoption.
SEC. 2312. CONSULTATION.
The World Class Schools Task Force shall conduct its duties
under this part in consultation with--
(1) the District of Columbia Goals Panel;
(2) officials of the District of Columbia public schools
who have been identified by the Superintendent as having
responsibilities relevant to this part, including the Deputy
Superintendent for Curriculum;
(3) the District of Columbia community, with particular
attention given to educators, and parent and business
organizations; and
(4) any other persons or groups that the task force deems
appropriate.
SEC. 2313. ADMINISTRATIVE PROVISIONS.
The World Class Schools Task Force shall ensure public
access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) that are relevant to its duties under
this part and shall make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 2314. CONSULTANTS.
Upon the request of the World Class Schools Task Force, the
head of any department or agency of the Federal Government
may detail any of the personnel of such agency to such task
force to assist such task force in carrying out such task
force's duties under this part.
SEC. 2315. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for
fiscal year 1997 to carry out this part. Such funds shall
remain available until expended.
PART 2--PROMOTION GATES
SEC. 2321. PROMOTION GATES.
(a) Kindergarten Through 4th Grade.--Not later than one
year after the date of adoption in accordance with section
2311(d) of the assessments described in section
2311(b)(1)(C), the Superintendent shall establish and
implement promotion gates for mathematics, reading, and
writing, for not less than 1 grade level from kindergarten
through grade 4, including at least grade 4, and shall
establish dates for establishing such other promotion gates
for other subject areas.
(b) 5th Through 8th Grades.--Not later than one year after
the adoption in accordance with section 2311(d) of the
assessments described in section 2311(b)(1)(C), the
Superintendent shall establish and implement promotion gates
with respect to not less than one grade level from grade 5
through grade 8, including at least grade 8.
(c) 9th Through 12th Grades.--Not later than one year after
the adoption in accordance with section 2311(d) of the
assessments described in section 2311(b)(1)(C), the
Superintendent shall establish and implement promotion gates
with respect to not less than one grade level from grade 9
through grade 12, including at least grade 12.
Subtitle D--Per Capita District of Columbia Public School and Public
Charter School Funding
SEC. 2401. ANNUAL BUDGETS FOR SCHOOLS.
(a) In General.--For fiscal year 1997 and for each
subsequent fiscal year, the Mayor shall make annual payments
from the general fund of the District of Columbia in
accordance with the formula established under subsection (b).
(b) Formula.--
(1) In general.--The Mayor and the District of Columbia
Council, in consultation with the Board of Education and the
Superintendent, shall establish not later than 90 days after
enactment of this Act, a formula to determine the amount of--
(A) the annual payment to the Board of Education for the
operating expenses of the District of Columbia public
schools, which for purposes of this paragraph includes the
operating expenses of the Board of Education and the Office
of the Superintendent; and
(B) the annual payment to each public charter school for
the operating expenses of each public charter school.
(2) Formula calculation.--Except as provided in paragraph
(3), the amount of the annual payment under paragraph (1)
shall be calculated by multiplying a uniform dollar amount
used in the formula established under such paragraph by--
(A) the number of students calculated under section 2402
that are enrolled at District of Columbia public schools, in
the case of the payment under paragraph (1)(A); or
(B) the number of students calculated under section 2402
that are enrolled at each public charter school, in the case
of a payment under paragraph (1)(B).
(3) Exceptions.--
(A) Formula.--Notwithstanding paragraph (2), the Mayor and
the District of Columbia Council, in consultation with the
Board of Education and the Superintendent, may adjust the
formula to increase or decrease the amount of the annual
payment to the District of Columbia public schools or each
public charter school based on a calculation of--
(i) the number of students served by such schools in
certain grade levels; and
(ii) the cost of educating students at such certain grade
levels.
(B) Payment.--Notwithstanding paragraph (2), the Mayor and
the District of Columbia Council, in consultation with the
Board of Education and the Superintendent, may adjust the
amount of the annual payment under paragraph (1) to increase
the amount of such payment if a District of Columbia public
school or a public charter school serves a high number of
students--
(i) with special needs; or
(ii) who do not meet minimum literacy standards.
SEC. 2402. CALCULATION OF NUMBER OF STUDENTS.
(a) School Reporting Requirement.--
(1) In general.--Not later than September 15, 1996, and not
later than September 15 of each year thereafter, each
District of Columbia public school and public charter school
shall submit a report to the Mayor and the Board of Education
containing the information described in subsection (b) that
is applicable to such school.
(2) Special rule.--Not later than April 1, 1997, and not
later than April 1 of each year thereafter, each public
charter school shall submit a report in the same form and
manner as described in paragraph (1) to ensure accurate
payment under section 2403(a)(2)(B)(ii).
(b) Calculation of Number of Students.--Not later than 30
days after the date of the enactment of this Act, and not
later than October 15 of each year thereafter, the Board of
Education shall calculate the following:
(1) The number of students, including nonresident students
and students with special needs, enrolled in each grade from
kindergarten through grade 12 of the District of Columbia
public schools and in public charter schools, and the number
of students whose tuition for enrollment in other schools is
paid for with funds available to the District of Columbia
public schools.
(2) The amount of fees and tuition assessed and collected
from the nonresident students described in paragraph (1).
(3) The number of students, including nonresident students,
enrolled in preschool and prekindergarten in the District of
Columbia public schools and in public charter schools.
(4) The amount of fees and tuition assessed and collected
from the nonresident students described in paragraph (3).
(5) The number of full time equivalent adult students
enrolled in adult, community, continuing, and vocational
education programs in the District of Columbia public schools
and in public charter schools.
(6) The amount of fees and tuition assessed and collected
from resident and nonresident adult students described in
paragraph (5).
(7) The number of students, including nonresident students,
enrolled in nongrade level programs in District of Columbia
public schools and in public charter schools.
(8) The amount of fees and tuition assessed and collected
from nonresident students described in paragraph (7).
(c) Annual Reports.--Not later than 30 days after the date
of the enactment of this Act, and not later than October 15
of each year thereafter, the Board of Education shall prepare
and submit to the Authority, the Mayor, the District of
Columbia Council, the Consensus Commission, the Comptroller
General of the United States, and the appropriate
congressional committees a report containing a summary of the
most recent calculations made under subsection (b).
(d) Audit of Initial Calculations.--
(1) In general.--The Board of Education shall arrange with
the Authority to provide for the conduct of an independent
audit of the initial calculations described in subsection
(b).
(2) Conduct of audit.--In conducting the audit, the
independent auditor--
(A) shall provide an opinion as to the accuracy of the
information contained in the report described in subsection
(c); and
(B) shall identify any material weaknesses in the systems,
procedures, or methodology used by the Board of Education--
(i) in determining the number of students, including
nonresident students, enrolled in the District of Columbia
public schools and in public charter schools, and the number
of students whose tuition for enrollment in other school
systems is paid for by funds available to the District of
Columbia public schools; and
(ii) in assessing and collecting fees and tuition from
nonresident students.
(3) Submission of audit.--Not later than 45 days, or as
soon thereafter as is practicable, after the date on which
the Authority receives the initial annual report from the
Board of Education under subsection (c), the Authority shall
submit to the Board of Education, the Mayor, the District of
Columbia Council, and the appropriate congressional
committees, the audit conducted under this subsection.
(4) Cost of the audit.--The Board of Education shall
reimburse the Authority for the cost of the independent
audit, solely from amounts appropriated to the Board of
Education for staff, stipends, and other-than-personal-
services of the Board of Education by an Act making
appropriations for the District of Columbia.
SEC. 2403. PAYMENTS.
(a) In General.--
(1) Escrow for public charter schools.--Except as provided
in subsection (b), for any fiscal year, not later than 10
days after the date of enactment of an Act making appro
[[Page 915]]
priations for the District of Columbia for such fiscal year,
the Mayor shall place in escrow an amount equal to the
aggregate of the amounts determined under section
2401(b)(1)(B) for use only by District of Columbia public
charter schools.
(2) Transfer of escrow funds.--
(A) Initial payment.--Not later than October 15, 1996, and
not later than October 15 of each year thereafter, the Mayor
shall transfer, by electronic funds transfer, an amount equal
to 75 percent of the amount of the annual payment for each
public charter school determined by using the formula
established pursuant to section 2401(b) to a bank designated
by such school.
(B) Final payment.--
(i) Except as provided in clause (ii), not later than May
1, 1997, and not later than May 1 of each year thereafter,
the Mayor shall transfer the remainder of the annual payment
for a public charter school in the same manner as the initial
payment was made under subparagraph (A).
(ii) Not later than March 15, 1997, and not later than
March 15 of each year thereafter, if the enrollment number of
a public charter school has changed from the number reported
to the Mayor and the Board of Education, as required under
section 2402(a), the Mayor shall increase the payment in an
amount equal to 50 percent of the amount provided for each
student who has enrolled in such school in excess of such
enrollment number, or shall reduce the payment in an amount
equal to 50 percent of the amount provided for each student
who has withdrawn or dropped out of such school below such
enrollment number.
(C) Pro rata reduction or increase in payments.--
(i) Pro rata reduction.--If the funds made available to the
District of Columbia Government for the District of Columbia
public school system and each public charter school for any
fiscal year are insufficient to pay the full amount that such
system and each public charter school is eligible to receive
under this subtitle for such year, the Mayor shall ratably
reduce such amounts for such year on the basis of the formula
described in section 2401(b).
(ii) Increase.--If additional funds become available for
making payments under this subtitle for such fiscal year,
amounts that were reduced under subparagraph (A) shall be
increased on the same basis as such amounts were reduced.
(D) Unexpended funds.--Any funds that remain in the escrow
account for public charter schools on September 30 of a
fiscal year shall revert to the general fund of the District
of Columbia.
(b) Exception for New Schools.--
(1) Authorization.--There are authorized to be appropriated
$200,000 for each fiscal year to carry out this subsection.
(2) Disbursement to mayor.--The Secretary of the Treasury
shall make available and disburse to the Mayor, not later
than August 1 of each of the fiscal years 1996 through 2000,
such funds as have been appropriated under paragraph (1).
(3) Escrow.--The Mayor shall place in escrow, for use by
public charter schools, any sum disbursed under paragraph (2)
and not paid under paragraph (4).
(4) Payments to schools.--The Mayor shall pay to public
charter schools described in paragraph (5), in accordance
with this subsection, any sum disbursed under paragraph (2).
(5) Schools described.--The schools referred to in
paragraph (4) are public charter schools that--
(A) did not operate as public charter schools during any
portion of the fiscal year preceding the fiscal year for
which funds are authorized to be appropriated under paragraph
(1); and
(B) operated as public charter schools during the fiscal
year for which funds are authorized to be appropriated under
paragraph (1).
(6) Formula.--
(A) 1996.--The amount of the payment to a public charter
school described in paragraph (5) that begins operation in
fiscal year 1996 shall be calculated by multiplying $6,300 by
\1/12\ of the total anticipated enrollment as set forth in
the petition to establish the public charter school; and
(B) 1997 through 2000.--The amount of the payment to a
public charter school described in paragraph (5) that begins
operation in any of fiscal years 1997 through 2000 shall be
calculated by multiplying the uniform dollar amount used in
the formula established under section 2401(b) by \1/12\ of
the total anticipated enrollment as set forth in the petition
to establish the public charter school.
(7) Payment to schools.--
(A) Transfer.--On September 1 of each of the years 1996
through 2000, the Mayor shall transfer, by electronic funds
transfer, the amount determined under paragraph (6) for each
public charter school from the escrow account established
under subsection (a) to a bank designated by each such
school.
(B) Pro rata and remaining funds.--Subparagraphs (C) and
(D) of subsection (a)(2) shall apply to payments made under
this subsection, except that for purposes of this
subparagraph references to District of Columbia public
schools in such subparagraphs (C) and (D) shall be read to
refer to public charter schools.
Subtitle E--School Facilities Repair and Improvement
SEC. 2550. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``facilities'' means buildings, structures,
and real property of the District of Columbia public schools,
except that such term does not include any administrative
office building that is not located in a building containing
classrooms; and
(2) the term ``repair and improvement'' includes
administration, construction, and renovation.
PART 1--SCHOOL FACILITIES
SEC. 2551. TECHNICAL ASSISTANCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act the Administrator of the General
Services Administration shall enter into a Memorandum of
Agreement or Understanding (referred to in this subtitle as
the ``Agreement'') with the Superintendent regarding the
terms under which the Administrator will provide technical
assistance and related services with respect to District of
Columbia public schools facilities management in accordance
with this section.
(b) Technical Assistance and Related Services.--The
technical assistance and related services described in
subsection (a) shall include--
(1) the Administrator consulting with and advising District
of Columbia public school personnel responsible for public
schools facilities management, including repair and
improvement with respect to facilities management of such
schools;
(2) the Administrator assisting the Superintendent in
developing a systemic and comprehensive facilities
revitalization program, for the repair and improvement of
District of Columbia public school facilities, which program
shall--
(A) include a list of facilities to be repaired and
improved in a recommended order of priority;
(B) provide the repair and improvement required to support
modern technology; and
(C) take into account the Preliminary Facilities Master
Plan 2005 (prepared by the Superintendent's Task Force on
Education Infrastructure for the 21st Century);
(3) the method by which the Superintendent will accept
donations of private goods and services for use by the
District of Columbia public schools without regard to any law
or regulation of the District of Columbia;
(4) the Administrator recommending specific repair and
improvement projects in District of Columbia public school
facilities to the Superintendent that are appropriate for
completion by members and units of the National Guard and the
Reserves in accordance with the program developed under
paragraph (2);
(5) upon the request of the Superintendent, the
Administrator assisting the appropriate District of Columbia
public school officials in the preparation of an action plan
for the performance of any repair and improvement recommended
in the program developed under paragraph (2), which action
plan shall detail the technical assistance and related
services the Administrator proposes to provide in the
accomplishment of the repair and improvement;
(6) upon the request of the Superintendent, and if
consistent with the efficient use of resources as determined
by the Administrator, the coordination of the accomplishment
of any repair and improvement in accordance with the action
plan prepared under paragraph (5), except that in carrying
out this paragraph, the Administrator shall not be subject to
the requirements of title III of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.,
and 41 U.S.C. 251 et seq.), the Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.), nor shall such action
plan be subject to review under the bid protest procedures
described in sections 3551 through 3556 of title 31, United
States Code, or the Contract Disputes Act of 1978 (41 U.S.C.
601 et seq.);
(7) providing access for the Administrator to all District
of Columbia public school facilities as well as permitting
the Administrator to request and obtain any record or
document regarding such facilities as the Administrator
determines necessary, except that any such record or document
shall not become a record (as defined in section 552a of
title 5, United States Code) of the General Services
Administration; and
(8) the Administrator making recommendations regarding how
District of Columbia public school facilities may be used by
the District of Columbia community for multiple purposes.
(c) Agreement Provisions.--The Agreement shall include--
(1) the procedures by which the Superintendent and
Administrator will consult with respect to carrying out this
section, including reasonable time frames for such
consultation;
(2) the scope of the technical assistance and related
services to be provided by the General Services
Administration in accordance with this section;
(3) assurances by the Administrator and the Superintendent
to cooperate with each other in any way necessary to ensure
implementation of the Agreement, including assurances that
funds available to the District of Columbia shall be used to
pay the obligations of the District of Columbia public school
system that are incurred as a result of actions taken under,
or in furtherance of, the Agreement, in addition to funds
available to the Administrator for purposes of this section;
and
(4) the duration of the Agreement, except that in no event
shall the Agreement remain in effect later than the day that
is 24 months after the date that the Agreement is signed,
[[Page 916]]
or the day that the agency designated pursuant to section
2552(a)(2) assumes responsibility for the District of
Columbia public school facilities, whichever day is earlier.
(d) Limitation on Administrator's Liability.--No claim,
suit, or action may be brought against the Administrator in
connection with the discharge of the Administrator's
responsibilities under this subtitle.
(e) Special Rule.--Notwithstanding any other provision of
law, the Administrator is authorized to accept and use a
conditioned gift made for the express purpose of repairing or
improving a District of Columbia public school, except that
the Administrator shall not be required to carry out any
repair or improvement under this section unless the
Administrator accepts a donation of private goods or services
sufficient to cover the costs of such repair or improvement.
(f) Effective Date.--This subtitle shall cease to be
effective on the earlier day specified in subsection (c)(4).
SEC. 2552. FACILITIES REVITALIZATION PROGRAM.
(a) Program.--Not later than 12 months after the date of
enactment of this Act, the Mayor and the District of Columbia
Council in consultation with the Administrator, the
Authority, the Board of Education, and the Superintendent,
shall--
(1) design and implement a comprehensive long-term program
for the repair and improvement, and maintenance and
management, of the District of Columbia public school
facilities, which program shall incorporate the work
completed in accordance with the program described in section
2551(b)(2); and
(2) designate a new or existing agency or authority within
the District of Columbia Government to administer such
program.
(b) Proceeds.--Such program shall include--
(1) identifying short-term funding for capital and
maintenance of facilities, which may include retaining
proceeds from the sale or lease of a District of Columbia
public school facility; and
(2) identifying and designating long-term funding for
capital and maintenance of facilities.
(c) Implementation.--Upon implementation of such program,
the agency or authority created or designated pursuant to
subsection (a)(2) shall assume authority and responsibility
for the repair and improvement, and maintenance and
management, of District of Columbia public schools.
PART 2--WAIVERS
SEC. 2561. WAIVERS.
(a) In General.--
(1) Requirements waived.--Subject to subsection (b), all
District of Columbia fees and all requirements contained in
the document entitled ``District of Columbia Public Schools
Standard Contract Provisions'' (as such document was in
effect on November 2, 1995 and including any revisions or
modifications to such document) published by the District of
Columbia public schools for use with construction or
maintenance projects, are waived, for purposes of repair and
improvement of District of Columbia public schools facilities
for a period beginning on the date of enactment of this Act
and ending 24 months after such date.
(2) Donations.--Any individual may volunteer his or her
services or may donate materials to a District of Columbia
public school facility for the repair and improvement of such
facility provided that the provision of voluntary services
meets the requirements of 29 U.S.C. 203(e)(4).
(b) Limitation.--A waiver under subsection (a) shall not
apply to requirements under 40 U.S.C. 276a-276a-7.
PART 3--GIFTS, DONATIONS, BEQUESTS, AND DEVISES
SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.
(a) In General.--A District of Columbia public school or a
public charter school may accept directly from any person a
gift, donation, bequest, or devise of any property, real or
personal, without regard to any law or regulation of the
District of Columbia.
(b) Tax Laws.--For the purposes of the income tax, gift
tax, and estate tax laws of the Federal Government, any money
or other property given, donated, bequeathed, or devised to a
District of Columbia public school or a public charter
school, shall be deemed to have been given, donated,
bequeathed, or devised to or for the use of the District of
Columbia.
Subtitle F--Partnerships With Business
SEC. 2601. PURPOSE.
The purpose of this subtitle is--
(1) to leverage private sector funds utilizing initial
Federal investments in order to provide students and teachers
within the District of Columbia public schools and public
charter schools with access to state-of-the-art educational
technology;
(2) to establish a regional job training and employment
center;
(3) to strengthen workforce preparation initiatives for
students within the District of Columbia public schools and
public charter schools;
(4) to coordinate private sector investments in carrying
out this title; and
(5) to assist the Superintendent with the development of
individual career paths in accordance with the long-term
reform plan.
SEC. 2602. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF
COLUMBIA PUBLIC SCHOOLS.
The Superintendent is authorized to provide a grant to a
private, nonprofit corporation that meets the eligibility
criteria under section 2603 for the purposes of carrying out
the duties under sections 2604 and 2607.
SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT
CORPORATION.
A private, nonprofit corporation shall be eligible to
receive a grant under section 2602 if the corporation is a
national business organization incorporated in the District
of Columbia, that--
(1) has a board of directors which includes members who are
also chief executive officers of technology-related
corporations involved in education and workforce development
issues;
(2) has extensive practical experience with initiatives
that link business resources and expertise with education and
training systems;
(3) has experience in working with State and local
educational agencies throughout the United States with
respect to the integration of academic studies with workforce
preparation programs; and
(4) has a nationwide structure through which additional
resources can be leveraged and innovative practices
disseminated.
SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.
(a) District Education and Learning Technologies
Advancement Council.--
(1) Establishment--The private, nonprofit corporation shall
establish a council to be known as the ``District Education
and Learning Technologies Advancement Council'' (in this
subtitle referred to as the ``council'').
(2) Membership.--
(A) In general.--The private, nonprofit corporation shall
appoint members to the council. An individual shall be
appointed as a member to the council on the basis of the
commitment of the individual, or the entity which the
individual is representing, to providing time, energy, and
resources to the council.
(B) Compensation.--Members of the council shall serve
without compensation.
(3) Duties.--The council--
(A) shall advise the private, nonprofit corporation with
respect to the duties of the corporation under subsections
(b) through (d) of this section; and
(B) shall assist the corporation in leveraging private
sector resources for the purpose of carrying out such duties.
(b) Access to State-of-the-Art Educational Technology.--
(1) In general.--The private, nonprofit corporation, in
conjunction with the Superintendent, students, parents, and
teachers, shall establish and implement strategies to ensure
access to state-of-the-art educational technology within the
District of Columbia public schools and public charter
schools.
(2) Electronic data transfer system.--The private,
nonprofit corporation shall assist the Superintendent in
acquiring the necessary equipment, including computer
hardware and software, to establish an electronic data
transfer system. The private, nonprofit corporation shall
also assist in arranging for training of District of Columbia
public school employees in using such equipment.
(3) Technology assessment.--
(A) In general.--In establishing and implementing the
strategies under paragraph (1), the private, nonprofit
corporation, not later than September 1, 1996, shall provide
for an assessment of the availability, on the date of
enactment of this Act, of state-of-the-art educational
technology within the District of Columbia public schools and
public charter schools.
(B) Conduct of assessment.--In providing for the assessment
under subparagraph (A), the private, nonprofit corporation--
(i) shall provide for onsite inspections of the state-of-
the-art educational technology within a minimum sampling of
District of Columbia public schools and public charter
schools; and
(ii) shall ensure proper input from students, parents,
teachers, and other school officials through the use of focus
groups and other appropriate mechanisms.
(C) Results of assessment.--The private, nonprofit
corporation shall ensure that the assessment carried out
under this paragraph provides, at a minimum, necessary
information on state-of-the-art educational technology within
the District of Columbia public schools and public charter
schools, including--
(i) the extent to which typical District of Columbia public
schools have access to such state-of-the-art educational
technology and training for such technology;
(ii) how such schools are using such technology;
(iii) the need for additional technology and the need for
infrastructure for the implementation of such additional
technology;
(iv) the need for computer hardware, software, training,
and funding for such additional technology or infrastructure;
and
(v) the potential for computer linkages among District of
Columbia public schools and public charter schools.
(4) Short-term technology plan.--
(A) In general.--Based upon the results of the technology
assessment under paragraph (3), the private, nonprofit
corporation shall develop a 3-year plan that includes goals,
priorities, and strategies for obtaining the resources
necessary to implement strategies to ensure access to state-
of-the-art educational technology within the District of
Columbia public schools and public charter schools.
(B) Implementation.--The private, nonprofit corporation, in
conjunction with
[[Page 917]]
schools, students, parents, and teachers, shall implement the
plan developed under subparagraph (A).
(5) Long-term technology plan.--Prior to the completion of
the implementation of the short-term technology plan under
paragraph (4), the private, nonprofit corporation shall
develop a plan under which the corporation will continue to
coordinate the donation of private sector resources for
maintaining the continuous improvement and upgrading of
state-of-the-art educational technology within the District
of Columbia public schools and public charter schools.
(c) District Employment and Learning Center.--
(1) Establishment.--The private, nonprofit corporation
shall establish a center to be known as the ``District
Employment and Learning Center'' (in this subtitle referred
to as the ``center''), which shall serve as a regional
institute providing job training and employment assistance.
(2) Duties.--
(A) Job training and employment assistance program.--The
center shall establish a program to provide job training and
employment assistance in the District of Columbia and shall
coordinate with career preparation programs in existence on
the date of enactment of this Act, such as vocational
education, school-to-work, and career academies in the
District of Columbia public schools.
(B) Conduct of program.--In carrying out the program
established under subparagraph (A), the center--
(i) shall provide job training and employment assistance to
youths who have attained the age of 18 but have not attained
the age of 26, who are residents of the District of Columbia,
and who are in need of such job training and employment
assistance for an appropriate period not to exceed 2 years;
(ii) shall work to establish partnerships and enter into
agreements with appropriate agencies of the District of
Columbia Government to serve individuals participating in
appropriate Federal programs, including programs under the
Job Training Partnership Act (29 U.S.C. 1501 et seq.), the
Job Opportunities and Basic Skills Training Program under
part F of title IV of the Social Security Act (42 U.S.C. 681
et seq.), the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.), and the
School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et
seq.);
(iii) shall conduct such job training, as appropriate,
through a consortium of colleges, universities, community
colleges, businesses, and other appropriate providers, in the
District of Columbia metropolitan area;
(iv) shall design modular training programs that allow
students to enter and leave the training curricula depending
on their opportunities for job assignments with employers;
and
(v) shall utilize resources from businesses to enhance
work-based learning opportunities and facilitate access by
students to work-based learning and work experience through
temporary work assignments with employers in the District of
Columbia metropolitan area.
(C) Compensation.--The center may provide compensation to
youths participating in the program under this paragraph for
part-time work assigned in conjunction with training. Such
compensation may include need-based payments and
reimbursement of expenses.
(d) Workforce Preparation Initiatives.--
(1) In general.--The private, nonprofit corporation shall
establish initiatives with the District of Columbia public
schools, and public charter schools, appropriate governmental
agencies, and businesses and other private entities, to
facilitate the integration of rigorous academic studies with
workforce preparation programs in District of Columbia public
schools and public charter schools.
(2) Conduct of initiatives.--In carrying out the
initiatives under paragraph (1), the private, nonprofit
corporation shall, at a minimum, actively develop, expand,
and promote the following programs:
(A) Career academy programs in secondary schools, as such
programs are established in certain District of Columbia
public schools, which provide a school-within-a-school
concept, focusing on career preparation and the integration
of the academy programs with vocational and technical
curriculum.
(B) Programs carried out in the District of Columbia that
are funded under the School-to-Work Opportunities Act of 1994
(20 U.S.C. 6101 et seq.).
SEC. 2605. MATCHING FUNDS.
The private, nonprofit corporation, to the extent
practicable, shall provide matching funds, or in-kind
contributions, or a combination thereof, for the purpose of
carrying out the duties of the corporation under section
2604, as follows:
(1) For fiscal year 1997, the nonprofit corporation shall
provide matching funds or in-kind contributions of $1 for
every $1 of Federal funds provided under this subtitle for
such year for activities under section 2604.
(2) For fiscal year 1998, the nonprofit corporation shall
provide matching funds or in-kind contributions of $3 for
every $1 of Federal funds provided under this subtitle for
such year for activities under section 2604.
(3) For fiscal year 1999, the nonprofit corporation shall
provide matching funds or in-kind contributions of $5 for
every $1 of Federal funds provided under this subtitle for
such year for activities under section 2604.
SEC. 2606. REPORT.
The private, nonprofit corporation shall prepare and submit
to the appropriate congressional committees on a quarterly
basis, or, with respect to fiscal year 1997, on a semiannual
basis, a report which shall contain--
(1) the activities the corporation has carried out,
including the duties of the corporation described in section
2604, for the 3-month period ending on the date of the
submission of the report, or, with respect to fiscal year
1997, the 6-month period ending on the date of the submission
of the report;
(2) an assessment of the use of funds or other resources
donated to the corporation;
(3) the results of the assessment carried out under section
2604(b)(3); and
(4) a description of the goals and priorities of the
corporation for the 3-month period beginning on the date of
the submission of the report, or, with respect to fiscal year
1997, the 6-month period beginning on the date of the
submission of the report.
SEC. 2607. JOBS FOR D.C. GRADUATES PROGRAM.
(a) In General.--The nonprofit corporation shall establish
a program, to be known as the ``Jobs for D.C. Graduates
Program'', to assist District of Columbia public schools and
public charter schools in organizing and implementing a
school-to-work transition system, which system shall give
priority to providing assistance to at-risk youths and
disadvantaged youths.
(b) Conduct of Program.--In carrying out the program
established under subsection (a), the nonprofit corporation,
consistent with the policies of the nationally recognized
Jobs for America's Graduates, Inc., shall--
(1) establish performance standards for such program;
(2) provide ongoing enhancement and improvements in such
program;
(3) provide research and reports on the results of such
program; and
(4) provide preservice and inservice training.
SEC. 2608. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) Delta council; access to state-of-the-art educational
technology; and workforce preparation initiatives.--There are
authorized to be appropriated to carry out subsections (a),
(b), and (d) of section 2604, $1,000,000 for each of the
fiscal years 1997, 1998, and 1999.
(2) Deal center.--There are authorized to be appropriated
to carry out section 2604(c), $2,000,000 for each of the
fiscal years 1997, 1998, and 1999.
(3) Jobs for d.c. graduates program.--There are authorized
to be appropriated to carry out section 2607--
(A) $2,000,000 for fiscal year 1997; and
(B) $3,000,000 for each of the fiscal years 1998 through
2001.
(b) Availability.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until
expended.
SEC. 2609. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE
CONGRESS RELATING TO CONTINUATION OF
ACTIVITIES.
(a) Termination of Federal Support.--The authority under
this subtitle to provide assistance to the private, nonprofit
corporation or any other entity established pursuant to this
subtitle shall terminate on October 1, 1999.
(b) Sense of the Congress Relating to Continuation of
Activities.--It is the sense of the Congress that--
(1) the activities of the private, nonprofit corporation
under section 2604 should continue to be carried out after
October 1, 1999, with resources made available from the
private sector; and
(2) the corporation should provide oversight and
coordination for such activities after such date.
Subtitle G--Management and Fiscal Accountability; Preservation of
School-Based Resources
SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.
(a) Food Services and Security Services.--Notwithstanding
any other law, rule, or regulation, the Board of Education
shall enter into a contract for academic year 1995-1996 and
each succeeding academic year, for the provision of all food
services operations and security services for the District of
Columbia public schools, unless the Superintendent determines
that it is not feasible and provides the Superintendent's
reasons in writing to the Board of Education and the
Authority.
(b) Development of New Management and Data Systems.--
Notwithstanding any other law, rule, or regulation, the Board
of Education shall, in academic year 1995-1996, consult with
the Authority on the development of new management and data
systems, as well as training of personnel to use and manage
the systems in areas of budget, finance, personnel and human
resources, management information services, procurement,
supply management, and other systems recommended by the
Authority. Such plans shall be consistent with, and
contemporaneous to, the District of Columbia Government's
development and implementation of a replacement for the
financial management system for the District of Columbia
Government in use on the date of enactment of this Act.
SEC. 2752. ACCESS TO FISCAL AND STAFFING DATA.
(a) In General.--The budget, financial-accounting,
personnel, payroll, procurement, and management information
systems of the District of Columbia public schools shall be
coordinated and interface with related systems of the
District of Columbia Government.
(b) Access.--The Board of Education shall provide read-only
access to its internal financial management systems and all
other data bases to designated staff of the Mayor,
[[Page 918]]
the Council, the Authority, and appropriate congressional
committees.
SEC. 2753. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.
(a) In General.--The Board of Education shall develop its
fiscal year 1997 gross operating budget and its fiscal year
1997 appropriated funds budget request in accordance with
this section.
(b) Fiscal Year 1996 Budget Revision.--Not later than 60
days after enactment of this Act, the Board of Education
shall develop, approve, and submit to the Mayor, the District
of Columbia Council, the Authority, and appropriate
congressional committees, a revised fiscal year 1996 gross
operating budget that reflects the amount appropriated in the
District of Columbia Appropriations Act, 1996, and which--
(1) is broken out on the basis of appropriated funds and
nonappropriated funds, control center, responsibility center,
agency reporting code, object class, and object; and
(2) indicates by position title, grade, and agency
reporting code, all staff allocated to each District of
Columbia public school as of October 15, 1995, and indicates
on an object class basis all other-than-personal-services
financial resources allocated to each school.
(c) Zero-Base Budget.--For fiscal year 1997, the Board of
Education shall build its gross operating budget and
appropriated funds request from a zero-base, starting from
the local school level through the central office level.
(d) School-by-School Budgets.--The Board of Education's
initial fiscal year 1997 gross operating budget and
appropriated funds budget request submitted to the Mayor, the
District of Columbia Council, and the Authority shall contain
school-by-school budgets and shall also--
(1) be broken out on the basis of appropriated funds and
nonappropriated funds, control center, responsibility center,
agency reporting code, object class, and object;
(2) indicate by position title, grade, and agency reporting
code all staff budgeted for each District of Columbia public
school, and indicate on an object class basis all other-than-
personal-services financial resources allocated to each
school; and
(3) indicate the amount and reason for all changes made to
the initial fiscal year 1997 gross operating budget and
appropriated funds request from the revised fiscal year 1996
gross operating budget required by subsection (b).
SEC. 2754. TECHNICAL AMENDMENTS.
Section 1120A of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6322) is amended--
(1) in subsection (b)(1), by--
(A) striking ``(A) Except as provided in subparagraph (B),
a State'' and inserting ``A State''; and
(B) striking subparagraph (B); and
(2) by adding at the end thereof the following new
subsection:
``(d) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State or local educational
agency may exclude supplemental State or local funds expended
in any school attendance area or school for programs that
meet the intent and purposes of this part.''.
SEC. 2755. EVEN START FAMILY LITERACY PROGRAMS.
Part B of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6361 et seq.) is amended--
(a) in section 1204(a) (20 U.S.C. 6364(a)), by inserting
``intensive'' after ``cost of providing''; and
(b) in section 1205(4) (20 U.S.C. 6365(4)), by inserting
``, intensive'' after ``high-quality''.
SEC. 2756. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.
(a) Restrictions on Reductions of School-Based Employees.--
To the extent that a reduction in the number of full-time
equivalent positions for the District of Columbia public
schools is required to remain within the number of full-time
equivalent positions established for the public schools in
appropriations Acts, no reductions shall be made from the
full-time equivalent positions for school-based teachers,
principals, counselors, librarians, or other school-based
educational positions that were established as of the end of
fiscal year 1995, unless the Authority makes a determination
based on student enrollment that--
(1) fewer school-based positions are needed to maintain
established pupil-to-staff ratios; or
(2) reductions in positions for other than school-based
employees are not practicable.
(b) Definition.--The term ``school-based educational
position'' means a position located at a District of Columbia
public school or other position providing direct support to
students at such a school, including a position for a
clerical, stenographic, or secretarial employee, but not
including any part-time educational aide position.
Subtitle H--Establishment and Organization of the Commission on
Consensus Reform in the District of Columbia Public Schools
SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF
COLUMBIA PUBLIC SCHOOLS.
(a) Establishment.--
(1) In general.--There is established within the District
of Columbia Government a Commission on Consensus Reform in
the District of Columbia Public Schools, consisting of 7
members to be appointed in accordance with paragraph (2).
(2) Membership.--The Consensus Commission shall consist of
the following members:
(A) 1 member to be appointed by the President chosen from a
list of 3 proposed members submitted by the Majority Leader
of the Senate.
(B) 1 member to be appointed by the President chosen from a
list of 3 proposed members submitted by the Speaker of the
House of Representatives.
(C) 2 members to be appointed by the President, of which 1
shall represent the local business community and 1 of which
shall be a teacher in a District of Columbia public school.
(D) The President of the District of Columbia Congress of
Parents and Teachers.
(E) The President of the Board of Education.
(F) The Superintendent.
(G) The Mayor and District of Columbia Council Chairman
shall each name 1 nonvoting ex officio member.
(H) The Chief of the National Guard Bureau who shall be an
ex officio member.
(3) Terms of service.--The members of the Consensus
Commission shall serve for a term of 3 years.
(4) Vacancies.--Any vacancy in the membership of the
Consensus Commission shall be filled by the appointment of a
new member in the same manner as provided for the vacated
membership. A member appointed under this paragraph shall
serve the remaining term of the vacated membership.
(5) Qualifications.--Members of the Consensus Commission
appointed under subparagraphs (A), (B), and (C) of paragraph
(2) shall be residents of the District of Columbia and shall
have a knowledge of public education in the District of
Columbia.
(6) Chair.--The Chair of the Consensus Commission shall be
chosen by the Consensus Commission from among its members,
except that the President of the Board of Education and the
Superintendent shall not be eligible to serve as Chair.
(7) No compensation for service.--Members of the Consensus
Commission shall serve without pay, but may receive
reimbursement for any reasonable and necessary expenses
incurred by reason of service on the Consensus Commission.
(b) Executive Director.--The Consensus Commission shall
have an Executive Director who shall be appointed by the
Chair with the consent of the Consensus Commission. The
Executive Director shall be paid at a rate determined by the
Consensus Commission, except that such rate may not exceed
the highest rate of pay payable for level EG-16 of the
Educational Service of the District of Columbia.
(c) Staff.--With the approval of the Chair and the
Authority, the Executive Director may appoint and fix the pay
of additional personnel as the Executive Director considers
appropriate, except that no individual appointed by the
Executive Director may be paid at a rate greater than the
rate of pay for the Executive Director.
(d) Special Rule.--The Board of Education, or the
Authority, shall reprogram such funds, as the Chair of the
Consensus Commission shall in writing request, subject to the
approval of the Authority from amounts available to the Board
of Education.
SEC. 2852. PRIMARY PURPOSE AND FINDINGS.
(a) Purpose.--The primary purpose of the Consensus
Commission is to assist in developing a long-term reform plan
that has the support of the District of Columbia community
through the participation of representatives of various
critical segments of such community in helping to develop and
approve the plan.
(b) Findings.--The Congress finds that--
(1) experience has shown that the failure of the District
of Columbia educational system has been due more to the
failure to implement a plan than the failure to develop a
plan;
(2) national studies indicate that 50 percent of secondary
school graduates lack basic literacy skills, and over 30
percent of the 7th grade students in the District of Columbia
public schools drop out of school before graduating;
(3) standard student assessments indicate only average
performance for grade level and fail to identify individual
students who lack basic skills, allowing too many students to
graduate lacking these basic skills and diminishing the worth
of a diploma;
(4) experience has shown that successful schools have good
community, parent, and business involvement;
(5) experience has shown that reducing dropout rates in the
critical middle and secondary school years requires
individual student involvement and attention through such
activities as arts or athletics; and
(6) experience has shown that close coordination between
educators and business persons is required to provide
noncollege-bound students the skills necessary for
employment, and that personal attention is vitally important
to assist each student in developing an appropriate career
path.
SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.
(a) Primary Responsibility.--The Board of Education and the
Superintendent shall have primary responsibility for
developing and implementing the long-term reform plan for
education in the District of Columbia.
(b) Duties.--The Consensus Commission shall--
(1) identify any obstacles to implementation of the long-
term reform plan and suggest ways to remove such obstacles;
(2) assist in developing programs that--
[[Page 919]]
(A) ensure every student in a District of Columbia public
school achieves basic literacy skills;
(B) ensure every such student possesses the knowledge and
skills necessary to think critically and communicate
effectively by the completion of grade 8; and
(C) lower the dropout rate in the District of Columbia
public schools;
(3) assist in developing districtwide assessments,
including individual assessments, that identify District of
Columbia public school students who lack basic literacy
skills, with particular attention being given to grade 4 and
the middle school years, and establish procedures to ensure
that a teacher is made accountable for the performance of
every such student in such teacher's class;
(4) make recommendations to improve community, parent, and
business involvement in District of Columbia public schools
and public charter schools;
(5) assess opportunities in the District of Columbia to
increase individual student involvement and attention through
such activities as arts or athletics, and make
recommendations on how to increase such involvement; and
(6) assist in the establishment of procedures that ensure
every District of Columbia public school student is provided
the skills necessary for employment, including the
development of individual career paths.
(c) Powers.--The Consensus Commission shall have the
following powers:
(1) To monitor and comment on the development and
implementation of the long-term reform plan.
(2) To exercise its authority, as provided in this
subtitle, as necessary to facilitate implementation of the
long-term reform plan.
(3) To review and comment on the budgets of the Board of
Education, the District of Columbia public schools and public
charter schools.
(4) To recommend rules concerning the management and
direction of the Board of Education that address obstacles to
the development or implementation of the long-term reform
plan.
(5) To review and comment on the core curriculum for
kindergarten through grade 12 developed under subtitle C.
(6) To review and comment on a core curriculum for
prekindergarten, vocational and technical training, and adult
education.
(7) To review and comment on all other educational programs
carried out by the Board of Education and public charter
schools.
(8) To review and comment on the districtwide assessments
for measuring student achievement in the core curriculum
developed under subtitle C.
(9) To review and comment on the model professional
development programs for teachers using the core curriculum
developed under subtitle C.
(d) Limitations.--
(1) In general.--Except as otherwise provided in this
subtitle, the Consensus Commission shall have no powers to
involve itself in the management or operation of the Board of
Education with respect to the implementation of the long-term
reform plan.
SEC. 2854. IMPROVING ORDER AND DISCIPLINE.
(a) Community Service Requirement for Suspended Students.--
(1) In general.--Any student suspended from classes at a
District of Columbia public school who is required to serve
the suspension outside the school shall perform community
service for the period of suspension. The community service
required by this subsection shall be subject to rules and
regulations promulgated by the Mayor.
(2) Effective date.--This subsection shall take effect on
the first day of the 1996-1997 academic year.
(b) Expiration Date.--This section, and sections
2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective
on the last day of the 1997-1998 academic year.
(c) Report.--The Consensus Commission shall study the
effectiveness of the policies implemented pursuant to this
section in improving order and discipline in District of
Columbia public schools and report its findings to the
appropriate congressional committees not later than 60 days
prior to the last day of the 1997-1998 academic year.
SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.
(a) In General.--The Consensus Commission may examine and
request the Inspector General of the District of Columbia or
the Authority to audit the records of the Board of Education
to ensure, monitor, and evaluate the performance of the Board
of Education with respect to compliance with the long-term
reform plan and such plan's overall educational achievement.
The Consensus Commission shall conduct an annual review of
the educational performance of the Board of Education with
respect to meeting the goals of such plan for such year. The
Board of Education shall cooperate and assist in the review
or audit as requested by the Consensus Commission.
(b) Audit.--The Consensus Commission may examine and
request the Inspector General of the District of Columbia or
the Authority to audit the records of any public charter
school to assure, monitor, and evaluate the performance of
the public charter school with respect to the content
standards and districtwide assessments described in section
2311(b). The Consensus Commission shall receive a copy of
each public charter school's annual report.
SEC. 2856. INVESTIGATIVE POWERS.
The Consensus Commission may investigate any action or
activity which may hinder the progress of any part of the
long-term reform plan. The Board of Education shall cooperate
and assist the Consensus Commission in any investigation.
Reports of the findings of any such investigation shall be
provided to the Board of Education, the Superintendent, the
Mayor, the District of Columbia Council, the Authority, and
the appropriate congressional committees.
SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.
(a) In General.--The Consensus Commission may at any time
submit recommendations to the Board of Education, the Mayor,
the District of Columbia Council, the Authority, the Board of
Trustees of any public charter school and the Congress with
respect to actions the District of Columbia Government or the
Federal Government should take to ensure implementation of
the long-term reform plan.
(b) Authority Actions.--Pursuant to the District of
Columbia Financial Responsibility and Management Assistance
Act of 1995 or upon the recommendation of the Consensus
Commission, the Authority may take whatever actions the
Authority deems necessary to ensure the implementation of the
long-term reform plan.
SEC. 2858. EXPIRATION DATE.
Except as otherwise provided in this subtitle, this
subtitle shall be effective during the period beginning on
the date of enactment of this Act and ending 7 years after
such date.
Subtitle I--Parent Attendance at Parent-Teacher Conferences
SEC. 2901. POLICY.
Notwithstanding any other provision of law, the Mayor is
authorized to develop and implement a policy encouraging all
residents of the District of Columbia with children attending
a District of Columbia public school to attend and
participate in at least one parent-teacher conference every
90 days during the academic year.
This title may be cited as the ``District of Columbia
School Reform Act of 1995''.
(c) For programs, projects or activities in the Department
of the Interior and Related Agencies Appropriations Act,
1996, provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
An Act making appropriations for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 1996, and for other purposes
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$567,453,000, to remain available until expended, of which
$2,000,000 shall be available for assessment of the mineral
potential of public lands in Alaska pursuant to section 1010
of Public Law 96-487 (16 U.S.C. 3150), and of which
$4,000,000 shall be derived from the special receipt account
established by section 4 of the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)):
Provided, That appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors; and in addition, $27,650,000 for Mining Law
Administration program operations, to remain available until
expended, to be reduced by amounts collected by the Bureau of
Land Management and credited to this appropriation from
annual mining claim fees so as to result in a final
appropriation estimated at not more than $567,453,000:
Provided further, That in addition to funds otherwise
available, and to remain available until expended, not to
exceed $5,000,000 from annual mining claim fees shall be
credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from communication
site rental fees established by the Bureau.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, emergency presuppression, suppression
operations, emergency rehabilitation, and renovation or
construction of fire facilities in the Department of the
Interior, $235,924,000, to remain available until expended,
of which not to exceed $5,025,000, shall be available for the
renovation or construction of fire facilities: Provided, That
notwithstanding any other provision of law, persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That unobligated balances of
amounts previously appropriated to the Fire Protection and
Emergency Department of the Interior Firefighting Fund may be
transferred or merged with this appropriation.
central hazardous materials fund
For expenses necessary for use by the Department of the
Interior and any of its component offices and bureaus for the
remedial
[[Page 920]]
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided,
That, notwithstanding 31 U.S.C. 3302, sums recovered from or
paid by a party in advance of or as reimbursement for
remedial action or response activities conducted by the
Department pursuant to sections 107 or 113(f) of the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall
be credited to this account and shall be available without
further appropriation and shall remain available until
expended: Provided further, That such sums recovered from or
paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of
by the Secretary of the Interior and which shall be credited
to this account.
construction and access
For acquisition of lands and interests therein, and
construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $3,115,000, to remain
available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-07), $113,500,000, of which
not to exceed $400,000 shall be available for administrative
expenses.
land acquisition
For expenses necessary to carry out the provisions of
sections 205, 206, and 318(d) of Public Law 94-579 including
administrative expenses and acquisition of lands or waters,
or interests therein, $12,800,000 to be derived from the Land
and Water Conservation Fund, to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $97,452,000, to remain available until expended:
Provided, That 25 per centum of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge
against the Oregon and California land-grant fund and shall
be transferred to the General Fund in the Treasury in
accordance with the provisions of the second paragraph of
subsection (b) of title II of the Act of August 28, 1937 (50
Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 per centum of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $9,113,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under sections 209(b), 304(a), 304(b), 305(a), and
504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701),
and sections 101 and 203 of Public Law 93-153, to be
immediately available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),
any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise,
or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be
available and may be expended under the authority of this or
subsequent appropriations Acts by the Secretary to improve,
protect, or rehabilitate any public lands administered
through the Bureau of Land Management which have been damaged
by the action of a resource developer, purchaser, permittee,
or any unauthorized person, without regard to whether all
moneys collected from each such forfeiture, compromise, or
settlement are used on the exact lands damage to which led to
the forfeiture, compromise, or settlement: Provided further,
That such moneys are in excess of amounts needed to repair
damage to the exact land for which collected.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing law, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau of
Land Management; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the
Secretary and to be accounted for solely on his certificate,
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-sharing
and partnership arrangements authorized by law, procure
printing services from cooperators in connection with
jointly-produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the
general administration of the United States Fish and Wildlife
Service; and for maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge; and not less
than $1,000,000 for high priority projects within the scope
of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August
13, 1970, as amended by Public Law 93-408, $501,010,000, to
remain available for obligation until September 30, 1997, of
which $4,000,000 shall be available for activities under
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533), of which $11,557,000 shall be available until expended
for operation and maintenance of fishery mitigation
facilities constructed by the Corps of Engineers under the
Lower Snake River Compensation Plan, authorized by the Water
Resources Development Act of 1976 (90 Stat. 2921), to
compensate for loss of fishery resources from water
development projects on the Lower Snake River: Provided, That
unobligated and unexpended balances in the Resource
Management account at the end of fiscal year 1995, shall be
merged with and made a part of the fiscal year 1996 Resource
Management appropriation, and shall remain available for
obligation until September 30, 1997: Provided further, That
no monies appropriated under this or any other Act shall be
used by the Secretary of the Interior or by the Secretary of
Commerce to implement subsections (a), (b), (c), (e), (g) or
(i) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533), until such time as legislation reauthorizing
the Act is enacted or until the end of fiscal year 1996,
whichever is earlier, except that monies may be used to
delist or reclassify species pursuant to sections 4(a)(2)(B),
4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species
Act, and to issue emergency listings under section 4(b)(7) of
the Endangered Species Act: Provided further, That the
President is authorized to suspend the provisions of the
preceeding proviso if he determines that such suspension is
appropriate based upon the public interest in sound
environmental management, sustainable resource use,
protection of national or locally-affected interests, or
protection of any cultural, biological or historic resources.
Any suspension by the President shall take effect on such
date, and continue in effect for such period (not to extend
beyond the period in which the preceeding proviso would
otherwise be in effect), as the President may determine, and
shall be reported to the Congress.
construction
For construction and acquisition of buildings and other
facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and
interests therein; $37,655,000, to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601,
et seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380), and the Act of July 27, 1990 (Public Law 101-
337); $4,000,000, to remain available until expended:
Provided, That sums provided by any party in fiscal year 1996
and thereafter are not limited to monetary payments and may
include stocks, bonds or other personal or real property,
which may be retained, liquidated or otherwise disposed of by
the Secretary and such sums or properties shall be utilized
for the restoration of injured resources, and to conduct new
damage assessment activities.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conserva
[[Page 921]]
tion Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and
Wildlife Service, $36,900,000, to be derived from the Land
and Water Conservation Fund, to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended by Public Law 100-478, $8,085,000 for grants to
States, to be derived from the Cooperative Endangered Species
Conservation Fund, and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the
African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-
4213, 4221-4225, 4241-4245, and 1538), $600,000, to remain
available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
$6,750,000, to remain available until expended.
lahontan valley and pyramid lake fish and wildlife fund
For carrying out section 206(f) of Public Law 101-618, such
sums as have previously been credited or may be credited
hereafter to the Lahontan Valley and Pyramid Lake Fish and
Wildlife Fund, to be available until expended without further
appropriation.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund,
$200,000, to remain available until expended, to be available
to carry out the provisions of the Rhinoceros and Tiger
Conservation Act of 1994 (Public Law 103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 113 passenger motor vehicles; not to exceed
$400,000 for payment, at the discretion of the Secretary, for
information, rewards, or evidence concerning violations of
laws administered by the United States Fish and Wildlife
Service, and miscellaneous and emergency expenses of
enforcement activities, authorized or approved by the
Secretary and to be accounted for solely on his certificate;
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the United States
Fish and Wildlife Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the United States Fish and Wildlife
Service and to which the United States has title, and which
are utilized pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly-produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That the United States Fish and Wildlife
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding any
other provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Report
103-551: Provided further, That none of the funds made
available in this Act may be used by the U. S. Fish and
Wildlife Service to impede or delay the issuance of a
wetlands permit by the U. S. Army Corps of Engineers to the
City of Lake Jackson, Texas, for the development of a public
golf course west of Buffalo Camp Bayou between the Brazos
River and Highway 332: Provided further, That the Director of
the Fish and Wildlife Service may charge reasonable fees for
expenses to the Federal Government for providing training by
the National Education and Training Center: Provided further,
That all training fees collected shall be available to the
Director, until expended, without further appropriation, to
be used for the costs of training and education provided by
the National Education and Training Center: Provided further,
That with respect to lands leased for farming pursuant to
Public Law 88-567, if for any reason the Secretary
disapproves for use in 1996 or does not finally approve for
use in 1996 any pesticide or chemical which was approved for
use in 1995 or had been requested for use in 1996 by the
submission of a pesticide use proposal as of September 19,
1995, none of the funds in this Act may be used to develop,
implement, or enforce regulations or policies (including
pesticide use proposals) related to the use of chemicals and
pest management that are more restrictive than the
requirements of applicable State and Federal laws related to
the use of chemicals and pest management practices on non-
Federal lands.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
including not to exceed $1,593,000 for the Volunteers-in-
Parks program, and not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall
be carried out by the Youth Conservation Corps as authorized
by the Act of August 13, 1970, as amended by Public Law 93-
408, $1,082,481,000, without regard to the Act of August 24,
1912, as amended (16 U.S.C. 451), of which not to exceed
$72,000,000, to remain available until expended is to be
derived from the special fee account established pursuant to
title V, section 5201, of Public Law 100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, environmental compliance
and review, international park affairs, statutory or
contractual aid for other activities, and grant
administration, not otherwise provided for, $37,649,000:
Provided, That $236,000 of the funds provided herein are for
the William O. Douglas Outdoor Education Center, subject to
authorization.
historic preservation fund
For expenses necessary in carrying out the provisions of
the Historic Preservation Act of 1966 (80 Stat. 915), as
amended (16 U.S.C. 470), $36,212,000, to be derived from the
Historic Preservation Fund, established by section 108 of
that Act, as amended, to remain available for obligation
until September 30, 1997.
construction
For construction, improvements, repair or replacement of
physical facilities, $143,225,000, to remain available until
expended: Provided, That not to exceed $4,500,000 of the
funds provided herein shall be paid to the Army Corps of
Engineers for modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of
1989: Provided further, That funds provided under this head,
derived from the Historic Preservation Fund, established by
the Historic Preservation Act of 1966 (80 Stat. 915), as
amended (16 U.S.C. 470), may be available until expended to
render sites safe for visitors and for building
stabilization.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 1996 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4-11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with statutory authority applicable to the
National Park Service, $49,100,000, to be derived from the
Land and Water Conservation Fund, to remain available until
expended, and of which $1,500,000 is to administer the State
assistance program: Provided, That any funds made available
for the purpose of acquisition of the Elwha and Glines dams
shall be used solely for acquisition, and shall not be
expended until the full purchase amount has been appropriated
by the Congress.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 518 passenger
motor vehicles, of which 323 shall be for replacement only,
including not to exceed 411 for police-type use, 12 buses,
and 5 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913: Provided further, That none of
the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day
in which either House of Congress is not in session because
of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may enter into cooperative
agreements that involve the transfer of National Park Service
appro
[[Page 922]]
priated funds to State, local and tribal governments, other
public entities, educational institutions, and private
nonprofit organizations for the public purpose of carrying
out National Park Service programs.
The National Park Service shall, within existing funds,
conduct a Feasibility Study for a northern access route into
Denali National Park and Preserve in Alaska, to be completed
within one year of the enactment of this Act and submitted to
the House and Senate Committees on Appropriations and to the
Senate Committee on Energy and Natural Resources and the
House Committee on Resources. The Feasibility Study shall
ensure that resource impacts from any plan to create such
access route are evaluated with accurate information and
according to a process that takes into consideration park
values, visitor needs, a full range of alternatives, the
viewpoints of all interested parties, including the tourism
industry and the State of Alaska, and potential needs for
compliance with the National Environmental Policy Act. The
Study shall also address the time required for development of
alternatives and identify all associated costs.
This Feasibility Study shall be conducted solely by the
National Park Service planning personnel permanently assigned
to National Park Service offices located in the State of
Alaska in consultation with the State of Alaska Department of
Transportation.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and
possessions, and other areas as authorized by law (43 U.S.C.
31, 1332 and 1340); classify lands as to their mineral and
water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $730,163,000, of which $62,130,000 shall be
available for cooperation with States or municipalities for
water resources investigations, and of which $137,000,000 for
resource research and the operations of Cooperative Research
Units shall remain available until September 30, 1997, and of
which $16,000,000 shall remain available until expended for
conducting inquiries into the economic conditions affecting
mining and materials processing industries: Provided, That no
part of this appropriation shall be used to pay more than
one-half the cost of any topographic mapping or water
resources investigations carried on in cooperation with any
State or municipality: Provided further, That funds available
herein for resource research may be used for the purchase of
not to exceed 61 passenger motor vehicles, of which 55 are
for replacement only: Provided further, That none of the
funds available under this head for resource research shall
be used to conduct new surveys on private property, including
new aerial surveys for the designation of habitat under the
Endangered Species Act, except when it is made known to the
Federal official having authority to obligate or expend such
funds that the survey or research has been requested and
authorized in writing by the property owner or the owner's
authorized representative: Provided further, That none of the
funds provided herein for resource research may be used to
administer a volunteer program when it is made known to the
Federal official having authority to obligate or expend such
funds that the volunteers are not properly trained or that
information gathered by the volunteers is not carefully
verified: Provided further, That no later than April 1, 1996,
the Director of the United States Geological Survey shall
issue agency guidelines for resource research that ensure
that scientific and technical peer review is utilized as
fully as possible in selection of projects for funding and
ensure the validity and reliability of research and data
collection on Federal lands: Provided further, That no funds
available for resource research may be used for any activity
that was not authorized prior to the establishment of the
National Biological Survey: Provided further, That once every
five years the National Academy of Sciences shall review and
report on the resource research activities of the Survey:
Provided further, That if specific authorizing legislation is
enacted during or before the start of fiscal year 1996, the
resource research component of the Survey should comply with
the provisions of that legislation: Provided further, That
unobligated and unexpended balances in the National
Biological Survey, Research, inventories and surveys account
at the end of fiscal year 1995, shall be merged with and made
a part of the United States Geological Survey, Surveys,
investigations, and research account and shall remain
available for obligation until September 30, 1996: Provided
further, That the authority granted to the United States
Bureau of Mines to conduct mineral surveys and to determine
mineral values by section 603 of Public Law 94-579 is hereby
transferred to, and vested in, the Director of the United
States Geological Survey.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for purchase of not to exceed 22
passenger motor vehicles, for replacement only; reimbursement
to the General Services Administration for security guard
services; contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized
surveys when it is administratively determined that such
procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National
Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the United States
Geological Survey appointed, as authorized by law, to
represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302, et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only; $182,555,000, of which not less than
$70,105,000 shall be available for royalty management
activities; and an amount not to exceed $15,400,000 for the
Technical Information Management System and Related
Activities of the Outer Continental Shelf (OCS) Lands
Activity, to be credited to this appropriation and to remain
available until expended, from additions to receipts
resulting from increases to rates in effect on August 5,
1993, from rate increases to fee collections for OCS
administrative activities performed by the Minerals
Management Service over and above the rates in effect on
September 30, 1993, and from additional fees for OCS
administrative activities established after September 30,
1993: Provided, That beginning in fiscal year 1996 and
thereafter, fees for royalty rate relief applications shall
be established (and revised as needed) in Notices to Lessees,
and shall be credited to this account in the program areas
performing the function, and remain available until expended
for the costs of administering the royalty rate relief
authorized by 43 U.S.C. 1337(a)(3): Provided further, That
$1,500,000 for computer acquisitions shall remain available
until September 30, 1997: Provided further, That funds
appropriated under this Act shall be available for the
payment of interest in accordance with 30 U.S.C. 1721 (b) and
(d): Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this head shall be available for refunds of
overpayments in connection with certain Indian leases in
which the Director of the Minerals Management Service
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or Tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That beginning in
fiscal year 1996 and thereafter, the Secretary shall take
appropriate action to collect unpaid and underpaid royalties
and late payment interest owed by Federal and Indian mineral
lessees and other royalty payors on amounts received in
settlement or other resolution of disputes under, and for
partial or complete termination of, sales agreements for
minerals from Federal and Indian leases.
oil spill research
For necessary expenses to carry out the purposes of title
I, section 1016, title IV, sections 4202 and 4303, title VII,
and title VIII, section 8201 of the Oil Pollution Act of
1990, $6,440,000, which shall be derived from the Oil Spill
Liability Trust Fund, to remain available until expended.
Bureau of Mines
mines and minerals
For expenses necessary for, and incidental to, the closure
of the United States Bureau of Mines, $64,000,000, to remain
available until expended, of which not to exceed $5,000,000
may be used for the completion and/or transfer of certain
ongoing projects within the United States Bureau of Mines,
such projects to be identified by the Secretary of the
Interior within 90 days of enactment of this Act: Provided,
That there hereby are transferred to, and vested in, the
Secretary of Energy: (1) the functions pertaining to the
promotion of health and safety in mines and the mineral
industry through research vested by law in the Secretary of
the Interior or the United States Bureau of Mines and
performed in fiscal year 1995 by the United States Bureau of
Mines at its Pittsburgh Research Center in Pennsylvania, and
at its Spokane Research Center in Washington; (2) the
functions pertaining to the conduct of inquiries,
technological investigations and research concerning the
extraction, processing, use and disposal of mineral
substances vested by law in the Secretary of the Interior or
the United States Bureau of Mines and performed in fiscal
year 1995 by the United States Bureau of Mines under the
minerals and materials science
[[Page 923]]
programs at its Pittsburgh Research Center in Pennsylvania,
and at its Albany Research Center in Oregon; and (3) the
functions pertaining to mineral reclamation industries and
the development of methods for the disposal, control,
prevention, and reclamation of mineral waste products vested
by law in the Secretary of the Interior or the United States
Bureau of Mines and performed in fiscal year 1995 by the
United States Bureau of Mines at its Pittsburgh Research
Center in Pennsylvania: Provided further, That, if any of the
same functions were performed in fiscal year 1995 at
locations other than those listed above, such functions shall
not be transferred to the Secretary of Energy from those
other locations: Provided further, That the Director of the
Office of Management and Budget, in consultation with the
Secretary of Energy and the Secretary of the Interior, is
authorized to make such determinations as may be necessary
with regard to the transfer of functions which relate to or
are used by the Department of the Interior, or component
thereof affected by this transfer of functions, and to make
such dispositions of personnel, facilities, assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to or to be
made available in connection with, the functions transferred
herein as are deemed necessary to accomplish the purposes of
this transfer: Provided further, That all reductions in
personnel complements resulting from the provisions of this
Act shall, as to the functions transferred to the Secretary
of Energy, be done by the Secretary of the Interior as though
these transfers had not taken place but had been required of
the Department of the Interior by all other provisions of
this Act before the transfers of function became effective:
Provided further, That the transfers of function to the
Secretary of Energy shall become effective on the date
specified by the Director of the Office of Management and
Budget, but in no event later than 90 days after enactment
into law of this Act: Provided further, That the reference to
``function'' includes, but is not limited to, any duty,
obligation, power, authority, responsibility, right,
privilege, and activity, or the plural thereof, as the case
may be.
administrative provisions
The Secretary is authorized to accept lands, buildings,
equipment, other contributions, and fees from public and
private sources, and to prosecute projects using such
contributions and fees in cooperation with other Federal,
State or private agencies: Provided, That the Bureau of Mines
is authorized, during the current fiscal year, to sell
directly or through any Government agency, including
corporations, any metal or mineral products that may be
manufactured in pilot plants operated by the Bureau of Mines,
and the proceeds of such sales shall be covered into the
Treasury as miscellaneous receipts: Provided further, That
notwithstanding any other provision of law, the Secretary is
authorized to convey, without reimbursement, title and all
interest of the United States in property and facilities of
the United States Bureau of Mines in Juneau, Alaska, to the
City and Borough of Juneau, Alaska; in Tuscaloosa, Alabama,
to the University of Alabama; in Rolla, Missouri, to the
University of Missouri-Rolla; and in other localities to such
university or government entities as the Secretary deems
appropriate.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 15 passenger motor vehicles for replacement only;
$95,470,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to
remain available until expended, from performance bond
forfeitures in fiscal year 1996: Provided, That
notwithstanding any other provision of law, the Secretary of
the Interior, pursuant to regulations, may utilize directly
or through grants to States, moneys collected in fiscal year
1996 pursuant to the assessment of civil penalties under
section 518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected
by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That
notwithstanding any other provision of law, appropriations
for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out the provisions of title
IV of the Surface Mining Control and Reclamation Act of 1977,
Public Law 95-87, as amended, including the purchase of not
more than 22 passenger motor vehicles for replacement only,
$173,887,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That grants to minimum program States will be
$1,500,000 per State in fiscal year 1996: Provided further,
That of the funds herein provided up to $18,000,000 may be
used for the emergency program authorized by section 410 of
Public Law 95-87, as amended, of which no more than 25 per
centum shall be used for emergency reclamation projects in
any one State and funds for Federally-administered emergency
reclamation projects under this proviso shall not exceed
$11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program
shall not be subject to the 25 per centum limitation per
State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to
utilize up to 20 per centum from the recovery of the
delinquent debt owed to the United States Government to pay
for contracts to collect these debts: Provided further, That
funds made available to States under title IV of Public Law
95-87 may be used, at their discretion, for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants
including expenses necessary to provide education and welfare
services for Indians, either directly or in cooperation with
States and other organizations, including payment of care,
tuition, assistance, and other expenses of Indians in
boarding homes, or institutions, or schools; grants and other
assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of
resources and appurtenant facilities under the jurisdiction
of the Bureau of Indian Affairs, including payment of
irrigation assessments and charges; acquisition of water
rights; advances for Indian industrial and business
enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as authorized
by law; for the general administration of the Bureau of
Indian Affairs, including such expenses in field offices;
maintaining of Indian reservation roads as defined in section
101 of title 23, United States Code; and construction,
repair, and improvement of Indian housing, $1,384,434,000, of
which not to exceed $100,255,000 shall be for welfare
assistance grants and not to exceed $104,626,000 shall be for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts or grants or
compacts entered into with the Bureau of Indian Affairs prior
to fiscal year 1996, as authorized by the Indian Self-
Determination Act of 1975, as amended, and up to $5,000,000
shall be for the Indian Self-Determination Fund, which shall
be available for the transitional cost of initial or expanded
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act; and of which not to exceed
$330,711,000 for school operations costs of Bureau-funded
schools and other education programs shall become available
for obligation on July 1, 1996, and shall remain available
for obligation until September 30, 1997; and of which not to
exceed $68,209,000 for higher education scholarships, adult
vocational training, and assistance to public schools under
the Act of April 16, 1934 (48 Stat. 596), as amended (25
U.S.C. 452 et seq.), shall remain available for obligation
until September 30, 1997; and of which not to exceed
$71,854,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, self-governance grants, the Indian Self-
Determination Fund, and the Navajo-Hopi Settlement Program:
Provided, That tribes and tribal contractors may use their
tribal priority allocations for unmet indirect costs of
ongoing contracts, grants or compact agreements: Provided
further, That funds made available to tribes and tribal
organizations through contracts or grants obligated during
fiscal year 1996, as authorized by the Indian Self-
Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et
seq.), or grants authorized by the Indian Education
Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain
available until expended by the contractor or grantee:
Provided further, That to provide funding uniformity within a
Self-Governance Compact, any funds provided in this Act with
availability for more than one year may be reprogrammed to
one year availability but shall remain available within the
Compact until expended: Provided further, That
notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility
criteria or by other means, change eligibility for general
assistance or change the amount of general assistance
payments for individuals within the service area of such
tribe who are otherwise deemed eligible for general
assistance payments so long as such changes are applied in a
consistent manner to individuals similarly situated: Provided
further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes:
Provided further, That any net increase in costs to the
Federal Government which result solely from tribally
increased payment levels for general assistance shall be met
exclusively from funds available to the tribe from within its
tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated
as of September 30, 1996, may be transferred during fiscal
year 1997 to an Indian forest land assistance account
established for the benefit of such tribe within the
[[Page 924]]
tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 1997: Provided further, That notwithstanding
any other provision of law, no funds available to the Bureau
of Indian Affairs, other than the amounts provided herein for
assistance to public schools under the Act of April 16, 1934
(48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall be
available to support the operation of any elementary or
secondary school in the State of Alaska in fiscal year 1996:
Provided further, That funds made available in this or any
other Act for expenditure through September 30, 1997 for
schools funded by the Bureau of Indian Affairs shall be
available only to the schools which are in the Bureau of
Indian Affairs school system as of September 1, 1995:
Provided further, That no funds available to the Bureau of
Indian Affairs shall be used to support expanded grades for
any school beyond the grade structure in place at each school
in the Bureau of Indian Affairs school system as of October
1, 1995: Provided further, That notwithstanding the
provisions of 25 U.S.C. 2011(h)(1)(B) and (c), upon the
recommendation of a local school board for a Bureau of Indian
Affairs operated school, the Secretary shall establish rates
of basic compensation or annual salary rates for the
positions of teachers and counselors (including dormitory and
homeliving counselors) at the school at a level not less than
that for comparable positions in public school districts in
the same geographic area, to become effective on July 1,
1997: Provided further, That of the funds available only
through September 30, 1995, not to exceed $8,000,000 in
unobligated and unexpended balances in the Operation of
Indian Programs account shall be merged with and made a part
of the fiscal year 1996 Operation of Indian Programs
appropriation, and shall remain available for obligation for
employee severance, relocation, and related expenses, until
September 30, 1996.
construction
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands and interests in lands; and
preparation of lands for farming, $100,833,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian
Irrigation Project and for other water resource development
activities related to the Southern Arizona Water Rights
Settlement Act may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per
centum of contract authority available to the Bureau of
Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau
of Indian Affairs: Provided further, That any funds provided
for the Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided
further, That for the fiscal year ending September 30, 1996,
in implementing new construction or facilities improvement
and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public
Law 100-297, as amended, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part
12 as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $80,645,000, to
remain available until expended; of which $78,600,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 87-483, 97-
293, 101-618, 102-374, 102-441, 102-575, and 103-116, and for
implementation of other enacted water rights settlements,
including not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Carolina
Claims Settlement, as authorized by section 5(a) of Public
Law 103-116; and of which $1,045,000 shall be available
pursuant to Public Laws 98-500, 99-264, and 100-580; and of
which $1,000,000 shall be available (1) to liquidate
obligations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competitive
Equality Banking Act of 1987 (Public Law 100-86 (101 Stat.
659)), 31 U.S.C. 3334(b), (2) to restore to Individual Indian
Monies trust funds, Indian Irrigation Systems, and Indian
Power Systems accounts amounts invested in credit unions or
defaulted savings and loan associations and which were not
Federally insured, and (3) to reimburse Indian trust fund
account holders for losses to their respective accounts where
the claim for said loss(es) has been reduced to a judgment or
settlement agreement approved by the Department of Justice.
technical assistance of indian enterprises
For payment of management and technical assistance requests
associated with loans and grants approved under the Indian
Financing Act of 1974, as amended, $500,000.
indian guaranteed loan program account
For the cost of guaranteed loans $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these
funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $35,914,000.
In addition, for administrative expenses necessary to carry
out the guaranteed loan program, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs shall be
available for expenses of exhibits, and purchase of not to
exceed 275 passenger carrying motor vehicles, of which not to
exceed 215 shall be for replacement only.
Territorial and International Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,661,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $3,527,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or utilized by such
governments, may be audited by the General Accounting Office,
at its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the
Northern Mariana Islands Covenant grant funding: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Commonwealth of
the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of
Micronesia through assessments of long-range operations and
maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including
management and vocational education training), and project-
specific maintenance (with territorial participation and cost
sharing to be determined by the Secretary based on the
individual territory's commitment to timely maintenance of
its capital assets): Provided further, That any appropriation
for disaster assistance under this head in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 122, 221, 223,
232, and 233 of the Compacts of Free Association, and for
economic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232, and
233 of the Compact of Free Association, $24,938,000, to
remain available until expended, as authorized by Public Law
99-239 and Public Law 99-658: Provided, That notwithstanding
section 112 of Public Law 101-219 (103 Stat. 1873), the
Secretary of the Interior may agree to technical changes in
the specifications for the project described in the
subsidiary agreement negotiated under section 212(a) of the
Compact of Free Association, Public Law 99-658, or its annex,
if the changes do not result in increased costs to the United
States.
Departmental Offices
Departmental Management
Salaries and Expenses
For necessary expenses for management of the Department of
the Interior, $56,912,000, of
[[Page 925]]
which not to exceed $7,500 may be for official reception and
representation expenses.
Office of the Solicitor
Salaries and Expenses
For necessary expenses of the Office of the Solicitor,
$34,427,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$23,939,000.
Construction Management
salaries and expenses
For necessary expenses of the Office of Construction
Management, $500,000.
National Indian Gaming Commission
Salaries and Expenses
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100-497, $1,000,000:
Provided, That on March 1, 1996, the Chairman shall submit to
the Secretary a report detailing those Indian tribes or
tribal organizations with gaming operations that are in full
compliance, partial compliance, or non-compliance with the
provisions of the Indian Gaming Regulatory Act (25 U.S.C.
2701, et seq.): Provided further, That the information
contained in the report shall be updated on a continuing
basis.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $16,338,000, of which $15,891,000 shall remain
available until expended for trust funds management:
Provided, That funds made available to tribes and tribal
organizations through contracts or grants obligated during
fiscal year 1996, as authorized by the Indian Self-
Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim in
litigation pending on the date of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe
or individual Indian has been furnished with the accounting
of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That
obligated and unobligated balances provided for trust funds
management within ``Operation of Indian programs'', Bureau of
Indian Affairs are hereby transferred to and merged with this
appropriation.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and must be replenished by a supplemental
appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage
assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for fire suppression purposes shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for fire suppression purposes, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression
activities, no funds shall be made available under this
authority until funds appropriated to the ``Emergency
Department of the Interior Firefighting Fund'' shall have
been exhausted: Provided further, That all funds used
pursuant to this section are hereby designated by Congress to
be ``emergency requirements'' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and must be replenished by a supplemental
appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
Sec. 107. Appropriations made in this title from the Land
and Water Conservation Fund for acquisition of lands and
waters, or interests therein, shall be available for
transfer, with the approval of the Secretary, between the
following accounts: Bureau of Land Management, Land
acquisition, United States Fish and Wildlife Service, Land
acquisition, and National Park Service, Land acquisition and
State assistance. Use of such funds are subject to the
reprogramming guidelines of the House and Senate Committees
on Appropriations.
Sec. 108. Prior to the transfer of Presidio properties to
the Presidio Trust, when authorized, the Secretary may not
obligate in any calendar month more than \1/12\ of the fiscal
year 1996 appropriation for operation of the Presidio:
Provided, That this section shall expire on December 31,
1995.
Sec. 109. Section 6003 of Public Law 101-380 is hereby
repealed.
Sec. 110. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Secretary of the Interior for developing, promulgating, and
thereafter implementing a rule concerning rights-of-way under
section 2477 of the Revised Statutes.
Sec. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in
the President's moratorium statement of June 26, 1990, in the
areas of Northern, Central, and Southern California; the
North Atlantic; Washington and Oregon; and the Eastern Gulf
of Mexico south of 26 degrees north latitude and east of 86
degrees west longitude.
Sec. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing,
or the approval or permitting of any drilling or other
exploration activity, on lands within the North Aleutian
Basin planning area.
Sec. 113. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992-1997.
Sec. 114. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Atlantic for Outer
Continental Shelf Lease Sale 164 in the Outer Continental
Shelf Natural Gas and Oil Resource Management Comprehensive
Program, 1992-1997.
Sec. 115. (a) Of the funds appropriated by this Act or any
subsequent Act providing for
[[Page 926]]
appropriations in fiscal years 1996 and 1997, not more than
50 percent of any self-governance funds that would otherwise
be allocated to each Indian tribe in the State of Washington
shall actually be paid to or on account of such Indian tribe
from and after the time at which such tribe shall--
(1) take unilateral action that adversely impacts the
existing rights to and/or customary uses of, nontribal member
owners of fee simple land within the exterior boundary of the
tribe's reservation to water, electricity, or any other
similar utility or necessity for the nontribal members'
residential use of such land; or
(2) restrict or threaten to restrict said owners use of or
access to publicly maintained rights-of-way necessary or
desirable in carrying the utilities or necessities described
above.
(b) Such penalty shall not attach to the initiation of any
legal actions with respect to such rights or the enforcement
of any final judgments, appeals from which have been
exhausted, with respect thereto.
Sec. 116. Within 30 days after the enactment of this Act,
the Department of the Interior shall issue a specific
schedule for the completion of the Lake Cushman Land Exchange
Act (Public Law 102-436) and shall complete the exchange not
later than September 30, 1996.
Sec. 117. Notwithstanding Public Law 90-544, as amended,
the National Park Service is authorized to expend
appropriated funds for maintenance and repair of the Company
Creek Road in the Lake Chelan National Recreation Area:
Provided, That appropriated funds shall not be expended for
the purpose of improving the property of private individuals
unless specifically authorized by law.
Sec. 118. Section 4(b) of Public Law 94-241 (90 Stat. 263)
as added by section 10 of Public Law 99-396 is amended by
deleting ``until Congress otherwise provides by law.'' and
inserting in lieu thereof: ``except that, for fiscal years
1996 through 2002, payments to the Commonwealth of the
Northern Mariana Islands pursuant to the multi-year funding
agreements contemplated under the Covenant shall be
$11,000,000 annually, subject to an equal local match and all
other requirements set forth in the Agreement of the Special
Representatives on Future Federal Financial Assistance of the
Northern Mariana Islands, executed on December 17, 1992
between the special representative of the President of the
United States and special representatives of the Governor of
the Northern Mariana Islands with any additional amounts
otherwise made available under this section in any fiscal
year and not required to meet the schedule of payments in
this subsection to be provided as set forth in subsection (c)
until Congress otherwise provides by law.
``(c) The additional amounts referred to in subsection (b)
shall be made available to the Secretary for obligation as
follows:
``(1) for fiscal years 1996 through 2001, $4,580,000
annually for capital infrastructure projects as Impact Aid
for Guam under section 104(c)(6) of Public Law 99-239;
``(2) for fiscal year 1996, $7,700,000 shall be provided
for capital infrastructure projects in American Samoa;
$4,420,000 for resettlement of Rongelap Atoll; and
``(3) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infrastructure
projects in Guam, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
Palau, the Federated States of Micronesia and the Republic of
the Marshall Islands: Provided, That, in fiscal year 1997,
$3,000,000 of such amounts shall be made available to the
College of the Northern Marianas and beginning in fiscal year
1997, and in each year thereafter, not to exceed $3,000,000
may be allocated, as provided in appropriations Acts, to the
Secretary of the Interior for use by Federal agencies or the
Commonwealth of the Northern Mariana Islands to address
immigration, labor, and law enforcement issues in the
Northern Mariana Islands. The specific projects to be funded
in American Samoa shall be set forth in a five-year plan for
infrastructure assistance developed by the Secretary of the
Interior in consultation with the American Samoa Government
and updated annually and submitted to the Congress concurrent
with the budget justifications for the Department of the
Interior. In developing budget recommendations for capital
infrastructure funding, the Secretary shall indicate the
highest priority projects, consider the extent to which
particular projects are part of an overall master plan,
whether such project has been reviewed by the Corps of
Engineers and any recommendations made as a result of such
review, the extent to which a set-aside for maintenance would
enhance the life of the project, the degree to which a local
cost-share requirement would be consistent with local
economic and fiscal capabilities, and may propose an
incremental set-aside, not to exceed $2,000,000 per year, to
remain available without fiscal year limitation, as an
emergency fund in the event of natural or other disasters to
supplement other assistance in the repair, replacement, or
hardening of essential facilities: Provided further, That the
cumulative amount set aside for such emergency fund may not
exceed $10,000,000 at any time.
``(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific
allocations made in subsection (c), additional contributions
may be made, as set forth in appropriations Acts, to assist
in the resettlement of Rongelap Atoll: Provided, That the
total of all contributions from any Federal source after
enactment of this Act may not exceed $32,000,000 and shall be
contingent upon an agreement, satisfactory to the President,
that such contributions are a full and final settlement of
all obligations of the United States to assist in the
resettlement of Rongelop Atoll and that such funds will be
expended solely on resettlement activities and will be
properly audited and accounted for. In order to provide such
contributions in a timely manner, each Federal agency
providing assistance or services, or conducting activities,
in the Republic of the Marshall Islands, is authorized to
make funds available through the Secretary of the Interior,
to assist in the resettlement of Rongelap. Nothing in this
subsection shall be construed to limit the provision of ex
gratia assistance pursuant to section 105(c)(2) of the
Compact of Free Association Act of 1985 (Public Law 99-239,
99 Stat. 1770, 1792) including for individuals choosing not
to resettle at Rongelap, except that no such assistance for
such individuals may be provided until the Secretary notifies
the Congress that the full amount of all funds necessary for
resettlement at Rongelap has been provided.''.
Sec. 119. (a) Until the National Park Service has prepared
a final conceptual management plan for the Mojave National
Preserve that incorporates traditional multiple uses of the
region, the Secretary of the Interior shall not take any
action to change the management of the area which differs
from the historical management practices of the Bureau of
Land Management. Prior to using any funds in excess of
$1,100,000 for operation of the Preserve in fiscal year 1996,
the Secretary must obtain the approval of the House and
Senate Committees on Appropriations. This provision expires
on September 30, 1996.
(b) The President is authorized to suspend the provisions
of subsection (a) of this section if he determines that such
suspension is appropriate based upon the public interest in
sound environmental management, sustainable resource use,
protection of national or locally-affected interests, or
protection of any cultural, biological or historic resources.
Any suspension by the President shall take effect on such
date, and continue in effect for such period (not to extend
beyond the period in which subsection (a) would otherwise be
in effect), as the President may determine, and shall be
reported to the Congress.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest research
For necessary expenses of forest research as authorized by
law, $178,000,000, to remain available until September 30,
1997.
state and private forestry
For necessary expenses of cooperating with, and providing
technical and financial assistance to States, Territories,
possessions, and others and for forest pest management
activities, cooperative forestry and education and land
conservation activities, $136,884,000, to remain available
until expended, as authorized by law: Provided, That of funds
available under this heading for Pacific Northwest Assistance
in this or prior appropriations Acts, $200,000 shall be
provided to the World Forestry Center for purposes of
continuing scientific research and other authorized efforts
regarding the land exchange efforts in the Umpqua River Basin
Region.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, for ecosystem
planning, inventory, and monitoring, and for administrative
expenses associated with the management of funds provided
under the heads ``Forest Research'', ``State and Private
Forestry'', ``National Forest System'', ``Construction'',
``Fire Protection and Emergency Suppression'', and ``Land
Acquisition'', $1,257,057,000, to remain available for
obligation until September 30, 1997, and including 65 per
centum of all monies received during the prior fiscal year as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated and
unexpended balances in the National Forest System account at
the end of fiscal year 1995, shall be merged with and made a
part of the fiscal year 1996 National Forest System
appropriation, and shall remain available for obligation
until September 30, 1997: Provided further, That up to
$5,000,000 of the funds provided herein for road maintenance
shall be available for the planned obliteration of roads
which are no longer needed.
wildland fire management
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to National Forest System
lands or other lands under fire protection agreement, and for
emergency rehabilitation of burned over National Forest
System lands, $385,485,000, to remain available until
expended: Provided, That unexpended balances of amounts
previously appropriated under any other headings for Forest
Service fire activities may be transferred to and merged with
this appropriation: Provided further, That such funds are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes.
construction
For necessary expenses of the Forest Service, not otherwise
provided for, $163,600,000,
[[Page 927]]
to remain available until expended, for construction and
acquisition of buildings and other facilities, and for
construction and repair of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 1996 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
of the United States: Provided further, That not to exceed
$50,000,000, to remain available until expended, may be
obligated for the construction of forest roads by timber
purchasers: Provided further, That $2,500,000 of the funds
appropriated herein shall be available for a grant to the
``Non-Profit Citizens for the Columbia Gorge Discovery
Center'' for the construction of the Columbia Gorge Discovery
Center: Provided further, That the Forest Service is
authorized to grant the unobligated balance of funds
appropriated in fiscal year 1995 for the construction of the
Columbia Gorge Discovery Center and related trail
construction funds to the ``Non-Profit Citizens for the
Columbia Gorge Discovery Center'' to be used for the same
purpose: Provided further, That the Forest Service is
authorized to convey the land needed for the construction of
the Columbia Gorge Discovery Center without cost to the
``Non-Profit Citizens for the Columbia Gorge Discovery
Center'': Provided further, That notwithstanding any other
provision of law, funds originally appropriated under this
head in Public Law 101-512 for the Forest Service share of a
new research facility at the University of Missouri,
Columbia, shall be available for a grant to the University of
Missouri, as the Federal share in the construction of the new
facility: Provided further, That agreed upon lease of space
in the new facility shall be provided to the Forest Service
without charge for the life of the building.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4-11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $39,400,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended:
Provided, That funding for specific land acquisition are
subject to the approval of the House and Senate Committees on
Appropriations.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, to be derived from funds
deposited by State, county, or municipal governments, public
school districts, or other public school authorities pursuant
to the Act of December 4, 1967, as amended (16 U.S.C. 484a),
to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 per centum of all moneys received during
the prior fiscal year, as fees for grazing domestic livestock
on lands in National Forests in the sixteen Western States,
pursuant to section 401(b)(1) of Public Law 94-579, as
amended, to remain available until expended, of which not to
exceed 6 per centum shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
SOUTHEAST ALASKA ECONOMIC DISASTER FUND
(a) There is hereby established in the Treasury a Southeast
Alaska Economic Disaster Fund. There are hereby appropriated
$110,000,000, which shall be deposited into this account,
which shall be available without further appropriation or
fiscal year limitation. All monies from the Fund shall be
distributed by the Secretary of Agriculture in accordance
with the provisions set forth herein.
(b) None of the funds provided under this heading shall be
available unless the President exercises the authority
provided in section 325(c) of this Act.
(c)(1) The Secretary shall provide $40,000,000 in direct
grants from the Fund for fiscal year 1996 and $10,000,000 in
each of fiscal years 1997, 1998, and 1999 to communities in
Alaska as follows:
(A) to the City and Borough of Sitka, $8,000,000 in fiscal
year 1996 and $2,000,000 in each of fiscal years 1997, 1998,
and 1999;
(B) to the City of Wrangell, $18,700,000 in fiscal year
1996 and $4,700,000 in each of fiscal years 1997, 1998, and
1999; and
(C) to the City of Borough of Ketchikan, $13,3000,000 in
fiscal year 1996 and $3,300,000 in each of fiscal years 1997,
1998, and 1999.
(2) The funds provided under paragraph (1) shall be used to
employ former timber workers in Wrangell and Sitka, and for
related community development projects in Sitka, Wrangell,
and Ketchikan.
(3) The Secretary shall allocate an additional $10,000,000
from the Fund for each of fiscal years 1996, 1997, 1998, and
1999 to communities in Alaska according to the following
percentage:
(A) the Borough of Haines, 5.5 percent;
(B) the City of Borough of Juneau, 10.3 percent;
(C) the Ketchikan Gateway of Borough, 4.5 percent;
(D) the City of Borough of Sitka, 10.8 percent;
(E) the City of Borough of Yakutat, 7.4 percent; and
(F) the unorganized Boroughs within the Tongass National
Forest, 61.5 percent.
(4) Funds provided pursuant to paragraph (3)(F) shall be
allocated by the Secretary of Agriculture to the unorganized
Boroughs in the Tongass National Forest in the same
proportion as timber receipts were made available to such
Boroughs in fiscal year 1995, and shall be in addition to any
other monies provided to such Boroughs under this Act or any
other law.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (a) purchase of not to exceed
183 passenger motor vehicles of which 32 will be used
primarily for law enforcement purposes and of which 151 shall
be for replacement; acquisition of 22 passenger motor
vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20
aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) services
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (c) purchase,
erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (d) acquisition of land,
waters, and interests therein, pursuant to the Act of August
3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C.
558a, 558d, 558a note); and (f) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office
for research, State and private forestry, or National Forest
System administration of the Forest Service, Department of
Agriculture, or to implement any reorganization,
``reinvention'' or other type of organizational restructuring
of the Forest Service, other than the relocation of the
Regional Office for Region 5 of the Forest Service from San
Francisco to excess military property at Mare Island,
Vallejo, California, without the consent of the House and
Senate Committees on Appropriations and the Committee on
Agriculture, Nutrition, and Forestry and the Committee on
Energy and Natural Resources in the United States Senate and
the Committee on Agriculture and the Committee on Resources
in the United States House of Representatives.
Any appropriations or funds available to the Forest Service
may be advanced to the Fire and Emergency Suppression
appropriation and may be used for forest firefighting and the
emergency rehabilitation of burned-over lands under its
jurisdiction: Provided, That no funds shall be made available
under this authority until funds appropriated to the
``Emergency Forest Service Firefighting Fund'' shall have
been exhausted.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come from
funds otherwise available to Region 5: Provided further, That
any funds to be provided for such purposes shall only be
available upon approval of the House and Senate Committees on
Appropriations.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture without the approval of the Chief of the Forest
Service.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service may
be used to disseminate program information to private and
public individuals and organizations through the use of
nonmonetary items of nominal value and to provide nonmonetary
awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of
[[Page 928]]
private individuals and organizations that make contributions
to Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93-153 (30
U.S.C. 185(1)) as reimbursement of administrative and other
costs incurred in processing pipeline right-of-way or permit
applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any
pipeline and related facilities, may be used to reimburse the
applicable appropriation to which such costs were originally
charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended by
Public Law 93-408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands
in excess of 25 percent of the fiscal year 1989 harvested
volume in the Wayne National Forest, Ohio: Provided, That
this limitation shall not apply to hardwood stands damaged by
natural disaster: Provided further, That landscape architects
shall be used to maintain a visually pleasing forest.
Any money collected from the States for fire suppression
assistance rendered by the Forest Service on non-Federal
lands not in the vicinity of National Forest System lands
shall be used to reimburse the applicable appropriation and
shall remain available until expended as the Secretary may
direct in conducting activities authorized by 16 U.S.C. 2101
(note), 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the Forest
Service is authorized to employ or otherwise contract with
persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such as
fires, storms, floods, earthquakes or any other unavoidable
cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation
of timber sales using clearcutting or other forms of even
aged management in hardwood stands in the Shawnee National
Forest, Illinois.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, eighty percent
of the funds appropriated to the Forest Service in the
National Forest System and Construction accounts and planned
to be allocated to activities under the ``Jobs in the Woods''
program for projects on National Forest land in the State of
Washington may be granted directly to the Washington State
Department of Fish and Wildlife for accomplishment of planned
projects. Twenty percent of said funds shall be retained by
the Forest Service for planning and administering projects.
Project selection and prioritization shall be accomplished by
the Forest Service with such consultation with the State of
Washington as the Forest Service deems appropriate.
For one year after enactment of this Act, the Secretary
shall continue the current Tongass Land Management Plan
(TLMP) and may accommodate commercial tourism (if an
agreement is signed between the Forest Service and the Alaska
Visitors' Association) except that during this period, the
Secretary shall maintain at least the number of acres of
suitable available and suitable scheduled timber lands, and
Allowable Sale Quantity as identified in the Preferred
Alternative (Alternative P) in the Tongass Land and Resources
Management Plan and Final Environmental Impact Statement
(dated October 1992) as selected in the Record of Decision
Review Draft #3-2/93. Nothing in this paragraph shall be
interpreted to mandate clear-cutting or require the sale of
timber and nothing in this paragraph, including the ASQ
identified in Alternative P, shall be construed to limit the
Secretary's consideration of new information or to prejudice
future revision, amendment or modification of TLMP based upon
sound, verifiable scientific data.
If the Forest Service determines in a Supplemental
Evaluation to an Environmental Impact Statement that no
additional analysis under the National Environmental Policy
Act or section 810 of the Alaska National Interest Lands
Conservation Act is necessary for any timber sale or offering
which has been prepared for acceptance by, or award to, a
purchaser after December 31, 1988, that has been subsequently
determined by the Forest Service to be available for sale or
offering to one or more other purchaser, the change of
purchasers for whatever reason shall not be considered a
significant new circumstance, and the Forest Service may
offer or award such timber sale or offering to a different
purchaser or offeree, notwithstanding any other provision of
law. A determination by the Forest Service pursuant to this
paragraph shall not be subject to judicial review.
None of the funds appropriated under this Act for the
Forest Service shall be made available for the purpose of
applying paint to rocks, or rock colorization: Provided, That
notwithstanding any other provision of law, the Forest
Service shall not require of any individual or entity, as
part of any permitting process under its authority, or as a
requirement of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4231 et seq.), the painting or
colorization of rocks.
DEPARTMENT OF ENERGY
fossil energy research and development
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
promoting health and safety in mines and the mineral industry
through research (30 U.S.C. 3, 861(b), and 951(a)), for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603), and
for the development of methods for the disposal, control,
prevention, and reclamation of waste products in the mining,
minerals, metal, and mineral reclamation industries (30
U.S.C. 3 and 21a), $417,018,000, to remain available until
expended: Provided, That no part of the sum herein made
available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas.
alternative fuels production
(including transfer of funds)
Monies received as investment income on the principal
amount in the Great Plains Project Trust at the Norwest Bank
of North Dakota, in such sums as are earned as of October 1,
1995, shall be deposited in this account and immediately
transferred to the General Fund of the Treasury. Monies
received as revenue sharing from the operation of the Great
Plains Gasification Plant shall be immediately transferred to
the General Fund of the Treasury.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $148,786,000, to remain
available until expended: Provided, That the requirements of
10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1996:
Provided further, That section 501 of Public Law 101-45 is
hereby repealed.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $553,189,000, to remain available until expended,
including, notwithstanding any other provision of law, the
excess amount for fiscal year 1996 determined under the
provisions of section 3003(d) of Public Law 99-509 (15 U.S.C.
4502), and of which $16,000,000 shall be derived from
available unobligated balances in the Biomass Energy
Development account: Provided, That $140,696,000 shall be for
use in energy conservation programs as defined in section
3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not
be available until excess amounts are determined under the
provisions of section 3003(d) of Public Law 99-509 (15 U.S.C.
4502): Provided further, That notwithstanding section
3003(d)(2) of Public Law 99-509 such sums shall be allocated
to the eligible programs as follows: $114,196,000 for the
weatherization assistance program and $26,500,000 for the
State energy conservation program.
economic regulation
For necessary expenses in carrying out the activities of
the Economic Regulatory Administration and the Office of
Hearings and Appeals, $6,297,000, to remain available until
expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $287,000,000,
to remain available until expended, of which $187,000,000
shall be derived by transfer of unobligated balances from the
``SPR petroleum account'' and $100,000,000 shall be derived
by transfer from the ``SPR Decommissioning Fund'': Provided,
That notwithstanding section 161 of the Energy Policy and
Conservation Act, the Secretary shall draw down and sell up
to seven million barrels of oil from the Strategic Petroleum
Reserve: Provided further, That the proceeds from the sale
shall be deposited into a special account in the Treasury, to
be established and known as the ``SPR Decommissioning Fund'',
and shall be available for the purpose of removal of oil from
and decommissioning of the Weeks Island site and for other
purposes related to the operations of the Strategic Petroleum
Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk
Hills) may be sold or otherwise disposed of to other than the
Strategic Petroleum Reserve: Provided, That outlays in fiscal
year 1996 resulting from the use of funds in this account
shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $72,266,000, to remain
available
[[Page 929]]
until expended: Provided, That notwithstanding section 4(d)
of the Service Contract Act of 1965 (41 U.S.C. 353(d)) or any
other provision of law, funds appropriated under this heading
hereafter may be used to enter into a contract for end use
consumption surveys for a term not to exceed eight years:
Provided further, That notwithstanding any other provision of
law, hereafter the Manufacturing Energy Consumption Survey
shall be conducted on a triennial basis.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase,
repair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private, or foreign: Provided, That
revenues and other moneys received by or for the account of
the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department
appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-
sharing entities as provided in appropriate cost-sharing
contracts or agreements: Provided further, That the remainder
of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided
further, That any contract, agreement, or provision thereof
entered into by the Secretary pursuant to this authority
shall not be executed prior to the expiration of 30 calendar
days (not including any day in which either House of Congress
is not in session because of adjournment of more than three
calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of
the Senate of a full comprehensive report on such project,
including the facts and circumstances relied upon in support
of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process
procurement documents for programs or projects for which
appropriations have not been made.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $1,747,842,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 300aaa-
2 for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (88 Stat.
2203; 25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That $12,000,000
shall remain available until expended, for the Indian
Catastrophic Health Emergency Fund: Provided further, That
$350,564,000 for contract medical care shall remain available
for obligation until September 30, 1997: Provided further,
That of the funds provided, not less than $11,306,000 shall
be used to carry out the loan repayment program under section
108 of the Indian Health Care Improvement Act, as amended:
Provided further, That funds provided in this Act may be used
for one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated:
Provided further, That the amounts collected by the Secretary
of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall be available
for two fiscal years after the fiscal year in which they were
collected, for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and
XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further,
That of the funds provided, $7,500,000 shall remain available
until expended, for the Indian Self-Determination Fund, which
shall be available for the transitional costs of initial or
expanded tribal contracts, grants or cooperative agreements
with the Indian Health Service under the provisions of the
Indian Self-Determination Act: Provided further, That funding
contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available for obligation
until September 30, 1997: Provided further, That amounts
received by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act, as amended, shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act and the Indian Health Care Improvement Act,
and for expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to environmental
health and facilities support activities of the Indian Health
Service, $238,958,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by law (5 U.S.C. 5901-
5902); and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities: Provided, That in accordance with the provisions
of the Indian Health Care Improvement Act, non-Indian
patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53)
shall be credited to the account of the facility providing
the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other
law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service
shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended:
Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for
administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel
and transportation: Provided further, That the Indian Health
Service shall neither bill nor charge those Indians who may
have the economic means to pay unless and until such time as
Congress has agreed upon a specific policy to do so and has
directed the Indian Health Service to implement such a
policy: Provided further, That, notwithstanding any other
provision of law, funds previously or herein made available
to a tribe or tribal organization through a contract, grant
or agreement authorized by title I of the Indian Self-
Determination and Education Assistance Act of 1975 (88 Stat.
2203; 25 U.S.C. 450), may be deobligated and reobligated to a
self-governance funding agreement under title III of the
Indian Self-Determination and Education Assistance Act of
1975 and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September 16,
1987, by the Department of Health and Human Services,
relating to eligibility for the health care services of the
Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has
been included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act are
to be apportioned to the Indian Health Service as
appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act: Provided
further, That the appropriation structure for the Indian
Health Service may not be altered without advance approval of
the House and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not
otherwise provided, title IX, part A, subpart 1 of the
Elementary and Secondary Education Act of 1965, as amended,
[[Page 930]]
and section 215 of the Department of Education Organization
Act, $52,500,000.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$20,345,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498 (20 U.S.C. 4401 et seq.), $5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; up to 5
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees; $311,188,000, of which
not to exceed $3,000,000 for voluntary incentive payments and
other costs associated with employee separations pursuant to
section 339 of this Act shall remain available until
expended, and of which not to exceed $30,472,000 for the
instrumentation program, collections acquisition, Museum
Support Center equipment and move, exhibition reinstallation,
the National Museum of the American Indian, the repatriation
of skeletal remains program, research equipment, information
management, and Latino programming shall remain available
until expended and, including such funds as may be necessary
to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction,
remodeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$3,250,000, to remain available until expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institution,
by contract or otherwise, as authorized by section 2 of the
Act of August 22, 1949 (63 Stat. 623), including not to
exceed $10,000 for services as authorized by 5 U.S.C. 3109,
$33,954,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection
systems, and exterior repair or restoration of buildings of
the Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
construction
For necessary expenses for construction, $27,700,000, to
remain available until expended.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $51,844,000,
of which not to exceed $3,026,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $6,442,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $10,323,000: Provided, That 40 U.S.C. 193n is hereby
amended by striking the word ``and'' after the word
``Institution'' and inserting in lieu thereof a comma, and by
inserting ``and the Trustees of the John F. Kennedy Center
for the Performing Arts,'' after the word ``Art,''.
construction
For necessary expenses of capital repair and rehabilitation
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $8,983,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$82,259,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to groups and individuals pursuant to
section 5(c) of the Act, and for administering the functions
of the Act, to remain available until September 30, 1997.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $17,235,000, to remain available until
September 30, 1997, to the National Endowment for the Arts,
of which $7,500,000 shall be available for purposes of
section 5(p)(1): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of section
10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during the
current and preceding fiscal years for which equal amounts
have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$94,000,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering
the functions of the Act, to remain available until September
30, 1997.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $16,000,000, to remain available until
September 30, 1997, of which $10,000,000 shall be available
to the National Endowment for the Humanities for the purposes
of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Institute of Museum Services
grants and administration
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000, to
remain available until September 30, 1997.
[[Page 931]]
administrative provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $834,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $6,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For expenses necessary for the Advisory Council on Historic
Preservation, $2,500,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $5,090,000:
Provided, That all appointed members will be compensated at a
rate not to exceed the rate for Executive Schedule Level IV.
Franklin Delano Roosevelt Memorial Commission
salaries and expenses
For necessary expenses of the Franklin Delano Roosevelt
Memorial Commission, established by the Act of August 11,
1955 (69 Stat. 694), as amended by Public Law 92-332 (86
Stat. 401), $147,000, to remain available until September 30,
1997.
Pennsylvania Avenue Development Corporation
public development
Funds made available under this heading in prior years
shall be available for operating and administrative expenses
and for the orderly closure of the Corporation, as well as
operating and administrative expenses for the functions
transferred to the General Services Administration.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96-388, as amended, $28,707,000; of
which $1,575,000 for the Museum's repair and rehabilitation
program and $1,264,000 for the Museum's exhibition program
shall remain available until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the
Secretary of Agriculture for the leasing of oil and natural
gas by noncompetitive bidding on publicly owned lands within
the boundaries of the Shawnee National Forest, Illinois:
Provided, That nothing herein is intended to inhibit or
otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 304. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are
approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds
the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the
``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 1995.
Sec. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects
under self-determination contracts, compacts, or grants,
pursuant to Public Laws 93-638, 103-413, or 100-297, are less
than the estimated costs thereof, use of the resulting excess
funds shall be determined by the appropriate Secretary after
consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly
payments of funds to tribes and tribal organizations under
annual funding agreements pursuant to section 108 of Public
Law 93-638, as amended, may be made on the first business day
following the first day of a fiscal quarter.
Sec. 312. None of funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the
Interior and/or Agriculture follow appropriate reprogramming
guidelines: Provided, That if no funds are provided for the
AmeriCorps program by the VA-HUD and Independent Agencies
fiscal year 1996 appropriations bill, then none of the funds
appropriated or otherwise made available by this Act may be
used for the AmeriCorps programs.
Sec. 313. (a) On or before April 1, 1996, the Pennsylvania
Avenue Development Corporation shall--
(1) transfer and assign in accordance with this section all
of its rights, title, and interest in and to all of the
leases, covenants, agreements, and easements it has executed
or will execute by March 31, 1996, in carrying out its powers
and duties under the Pennsylvania Avenue Development
Corporation Act (40 U.S.C. 871-885) and the Federal Triangle
Development Act (40 U.S.C. 1101-1109) to the General Services
Administration, National Capital Planning Commission, or the
National Park Service; and
(2) except as provided by subsection (d), transfer all
rights, title, and interest in and to all property, both real
and personal, held in the name of the Pennsylvania Avenue
Development Corporation to the General Services
Administration.
(b) The responsibilities of the Pennsylvania Avenue
Development Corporation transferred to the General Services
Administration under subsection (a) include, but are not
limited to, the following:
(1) Collection of revenue owed the Federal Government as a
result of real estate sales or lease agreements entered into
by the Pennsylvania Avenue Development Corporation and
private parties, including, at a minimum, with respect to the
following projects:
(A) The Willard Hotel property on Square 225.
(B) The Gallery Row project on Square 457.
(C) The Lansburgh's project on Square 431.
(D) The Market Square North project on Square 407.
(2) Collection of sale or lease revenue owed the Federal
Government (if any) in the event two undeveloped sites owned
by the Pennsylvania Avenue Development Corporation on Squares
457 and 406 are sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay United States
Treasury debt incurred by the Pennsylvania Avenue Development
Corporation in the course of acquiring real estate.
(4) Performing financial audits for projects in which the
Pennsylvania Avenue Development Corporation has actual or
potential revenue expectation, as identified in paragraphs
(1) and (2), in accordance with procedures described in
applicable sale or lease agreements.
(5) Disposition of real estate properties which are or
become available for sale and lease or other uses.
(6) Payment of benefits in accordance with the Uniform
Relocation Assistance and Real Property Acquisitions Policies
Act of 1970 to which persons in the project area squares are
entitled as a result of the Pennsylvania Avenue Development
Corporation's acquisition of real estate.
[[Page 932]]
(7) Carrying out the responsibilities of the Pennsylvania
Avenue Development Corporation under the Federal Triangle
Development Act (40 U.S.C. 1101-1109), including
responsibilities for managing assets and liabilities of the
Corporation under such Act.
(c) In carrying out the responsibilities of the
Pennsylvania Avenue Development Corporation transferred under
this section, the Administrator of the General Services
Administration shall have the following powers:
(1) To acquire lands, improvements, and properties by
purchase, lease or exchange, and to sell, lease, or otherwise
dispose of real or personal property as necessary to complete
the development plan developed under section 5 of the
Pennsylvania Avenue Development Corporation Act of 1972 (40
U.S.C. 874) if a notice of intention to carry out such
acquisition or disposal is first transmitted to the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Environment and Public Works and the Committee
on Appropriations of the Senate and at least 60 days elapse
after the date of such transmission.
(2) To modify from time to time the plan referred to in
paragraph (1) if such modification is first transmitted to
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives
and the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate and at least 60
days elapse after the date of such transmission.
(3) To maintain any existing Pennsylvania Avenue
Development Corporation insurance programs.
(4) To enter into and perform such leases, contracts, or
other transactions with any agency or instrumentality of the
United States, the several States, or the District of
Columbia or with any person, firm, association, or
corporation as may be necessary to carry out the
responsibilities of the Pennsylvania Avenue Development
Corporation under the Federal Triangle Development Act (40
U.S.C. 1101-1109).
(5) To request the Council of the District of Columbia to
close any alleys necessary for the completion of development
in Square 457.
(6) To use all of the funds transferred from the
Pennsylvania Avenue Development Corporation or income earned
on Pennsylvania Avenue Development Corporation property to
complete any pending development projects.
(d)(1)(A) On or before April 1, 1996, the Pennsylvania
Avenue Development Corporation shall transfer all its right,
title, and interest in and to the property described in
subparagraph (B) to the National Park Service, Department of
the Interior.
(B) The property referred to in subparagraph (A) is the
property located within the Pennsylvania Avenue National
Historic Site depicted on a map entitled ``Pennsylvania
Avenue National Historic Park'', dated June 1, 1995, and
numbered 840-82441, which shall be on file and available for
public inspection in the offices of the National Park
Service, Department of the Interior. The Pennsylvania Avenue
National Historic Site includes the parks, plazas, sidewalks,
special lighting, trees, sculpture, and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other
roadways from curb to curb shall remain with the District of
Columbia but vendors shall not be permitted to occupy street
space except during temporary special events.
(3) The National Park Service shall be responsible for
management, administration, maintenance, law enforcement,
visitor services, resource protection, interpretation, and
historic preservation at the Pennsylvania Avenue National
Historic Site.
(4) The National Park Service may enter into contracts,
cooperative agreements, or other transactions with any agency
or instrumentality of the United States, the several States,
or the District of Columbia or with any person, firm,
association, or corporation as may be deemed necessary or
appropriate for the conduct of special events, festivals,
concerts, or other art and cultural programs at the
Pennsylvania Avenue National Historic Site or may establish a
nonprofit foundation to solicit funds for such activities.
(e) Notwithstanding any other provision of law, the
responsibility for ensuring that development or redevelopment
in the Pennsylvania Avenue area is carried out in accordance
with the Pennsylvania Avenue Development Corporation Plan--
1974, as amended, is transferred to the National Capital
Planning Commission or its successor commencing April 1,
1996.
(f) Savings Provisions.--
(1) Regulations.--Any regulations prescribed by the
Corporation in connection with the Pennsylvania Avenue
Development Corporation Act of 1972 (40 U.S.C. 871-885) and
the Federal Triangle Development Act (40 U.S.C. 1101-1109)
shall continue in effect until suspended by regulations
prescribed by the Administrator of the General Services
Administration.
(2) Existing rights, duties, and obligations not
affected.--Subsection (a) shall not be construed as affecting
the validity of any right, duty, or obligation of the United
States or any other person arising under or pursuant to any
contract, loan, or other instrument or agreement which was in
effect on the day before the date of the transfers under
subsection (a).
(3) Continuation of suits.--No action or other proceeding
commenced by or against the Corporation in connection with
administration of the Pennsylvania Avenue Development
Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal
Triangle Development Act (40 U.S.C. 1101-1109) shall abate by
reason of enactment and implementation of this Act, except
that the General Services Administration shall be substituted
for the Corporation as a party to any such action or
proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Development
Corporation Act of 1972 (40 U.S.C. 872(b)) is amended as
follows:
``(b) The Corporation shall be dissolved on or before April
1, 1996. Upon dissolution, assets, obligations, indebtedness,
and all unobligated and unexpended balances of the
Corporation shall be transferred in accordance with the
Department of the Interior and Related Agencies
Appropriations Act, 1996.''.
Sec. 314. No part of any appropriation contained in this
Act shall be obligated or expended to implement regulations
or requirements that regulate the use of, or actions
occurring on, non-federal lands as a result of the draft or
final environmental impact statements or records of decision
for the Interior Columbia Basin Ecosystem Management Project.
Columbia Basin Ecosystem Management Project records of
decision will not provide the legal authority for any new
formal rulemaking by any federal regulatory agency on the use
of private property.
Sec. 315. Recreational Fee Demonstration Program.--(a) The
Secretary of the Interior (acting through the Bureau of Land
Management, the National Park Service and the United States
Fish and Wildlife Service) and the Secretary of Agriculture
(acting through the Forest Service) shall each implement a
fee program to demonstrate the feasibility of user-generated
cost recovery for the operation and maintenance of recreation
areas or sites and habitat enhancement projects on Federal
lands.
(b) In carrying out the pilot program established pursuant
to this section, the appropriate Secretary shall select from
areas under the jurisdiction of each of the four agencies
referred to in subsection (a) no fewer than 10, but as many
as 50, areas, sites or projects for fee demonstration. For
each such demonstration, the Secretary, notwithstanding any
other provision of law--
(1) shall charge and collect fees for admission to the area
or for the use of outdoor recreation sites, facilities,
visitor centers, equipment, and services by individuals and
groups, or any combination thereof;
(2) shall establish fees under this section based upon a
variety of cost recovery and fair market valuation methods to
provide a broad basis for feasibility testing;
(3) may contract, including provisions for reasonable
commissions, with any public or private entity to provide
visitor services, including reservations and information, and
may accept services of volunteers to collect fees charged
pursuant to paragraph (1);
(4) may encourage private investment and partnerships to
enhance the delivery of quality customer services and
resource enhancement, and provide appropriate recognition to
such partners or investors; and
(5) may assess a fine of not more than $100 for any
violation of the authority to collect fees for admission to
the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services.
(c)(1) Amounts collected at each fee demonstration area,
site or project shall be distributed as follows:
(A) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward
by 4%, eighty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditures in
accordance with paragraph (2)(A).
(B) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward
by 4%, twenty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(B).
(C) For agencies other than the Fish and Wildlife Service,
up to 15% of current year collections of each agency, but not
greater than fee collection costs for that fiscal year, to
remain available for expenditure without further
appropriation in accordance with paragraph (2)(C).
(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
subparagraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act, as amended.
(E) For the Fish and Wildlife Service, the balance shall be
distributed in accordance with section 201(c) of the
Emergency Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds shall
be for further activities of the area, site or project from
which funds are collected, and shall be accounted for
separately.
(B) Expenditures from agency specific special funds shall
be for use on an agency-wide basis and shall be accounted for
separately.
(C) Expenditures from the fee collection support fund shall
be used to cover fee collection costs in accordance with
section 4(i)(1)(B) of the Land and Water Conservation Fund
Act, as amended: Provided, That funds unexpended and
unobligated at the end of the fiscal year shall not be
deposited into the special account established pursuant to
section 4(i)(1)(A) of said Act and shall remain
[[Page 933]]
available for expenditure without further appropriation.
(3) In order to increase the quality of the visitor
experience at public recreational areas and enhance the
protection of resources, amounts available for expenditure
under this section may only be used for the area, site or
project concerned, for backlogged repair and maintenance
projects (including projects relating to health and safety)
and for interpretation, signage, habitat or facility
enhancement, resource preservation, annual operation
(including fee collection), maintenance, and law enforcement
relating to public use. The agencywide accounts may be used
for the same purposes set forth in the preceding sentence,
but for areas, sites or projects selected at the discretion
of the respective agency head.
(d)(1) Amounts collected under this section shall not be
taken into account for the purposes of the Act of May 23,
1908 and the Act of March 1, 1911 (16 U.S.C. 500), the Act of
March 4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7
U.S.C. 1012), the Act of August 8, 1937 and the Act of May
24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14, 1926
(43 U.S.C. 869-4), chapter 69 of title 31, United States
Code, section 401 of the Act of June 15, 1935 (16 U.S.C.
715s), the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l), and any other provision of law relating to
revenue allocation.
(2) Fees charged pursuant to this section shall be in lieu
of fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgating
regulations.
(f) The authority to collect fees under this section shall
commence on October 1, 1995, and end on September 30, 1998.
Funds in accounts established shall remain available through
September 30, 2001.
Sec. 316. Section 2001(a)(2) of Public Law 104-19 is
amended as follows: Strike ``September 30, 1997'' and insert
in lieu thereof ``December 31, 1996''.
Sec. 317. None of the funds made available in this Act may
be used for any program, project, or activity when it is made
known to the Federal entity or official to which the funds
are made available that the program, project, or activity is
not in compliance with any applicable Federal law relating to
risk assessment, the protection of private property rights,
or unfunded mandates.
Sec. 318. None of the funds provided in this Act may be
made available for the Mississippi River Corridor Heritage
Commission.
Sec. 319. Great Basin National Park.--Section 3 of the
Great Basin National Park Act of 1986 (16 U.S.C. 410mm-1) is
amended--
(1) in the first sentence of subsection (e) by striking
``shall'' and inserting ``may''; and
(2) in subsection (f)--
(A) by striking ``At the request'' and inserting the
following:
``(1) Exchanges.--At the request'';
(B) by striking ``grazing permits'' and inserting ``grazing
permits and grazing leases''; and
(C) by adding after ``Federal lands.'' the following:
``(2) Acquisition by donation.--
(A) In general.--The Secretary may acquire by donation
valid existing permits and grazing leases authorizing grazing
on land in the park.
(B) Termination.--The Secretary shall terminate a grazing
permit or grazing lease acquired under subparagraph (A) so as
to end grazing previously authorized by the permit or
lease.''.
Sec. 320. None of the funds made available in this Act
shall be used by the Department of Energy in implementing the
Codes and Standards Program to propose, issue, or prescribe
any new or amended standard: Provided, That this section
shall expire on September 30, 1996: Provided further, That
nothing in this section shall preclude the Federal Government
from promulgating rules concerning energy efficiency
standards for the construction of new federally-owned
commercial and residential buildings.
Sec. 321. None of the funds made available in this Act may
be used (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when it is made known to the Federal official
having authority to obligate or expend such funds that such
pedestrian use is consistent with generally accepted safety
standards.
Sec. 322. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for
any mining or mill site claim located under the general
mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994, and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Processing Schedule.--For those applications for
patents pursuant to subsection (b) which were filed with the
Secretary of the Interior, prior to September 30, 1994, the
Secretary of the Interior shall--
(1) Within three months of the enactment of this Act, file
with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
United States Senate a plan which details how the Department
of the Interior will make a final determination as to whether
or not an applicant is entitled to a patent under the general
mining laws on at least 90 percent of such applications
within five years of the enactment of this Act and file
reports annually thereafter with the same committees
detailing actions taken by the Department of the Interior to
carry out such plan; and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 323. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of
acquiring lands in the counties of Lawrence, Monroe, or
Washington, Ohio, for the Wayne National Forest.
Sec. 324. No part of any appropriation contained in this
Act or any other Act shall be expended or obligated to fund
the activities of the Office of Forestry and Economic
Development after December 31, 1995.
Sec. 325. (a) For one year after enactment of this Act, the
Secretary shall continue the current Tongass Land Management
Plan (TLMP) and may accommodate commercial tourism (if an
agreement is signed between the Forest Service and the Alaska
Visitors' Association) except that during this period, the
Secretary shall maintain at least the number of acres of
suitable available and suitable scheduled timber lands, and
Allowable Sale Quantity as identified in the Preferred
Alternative (Alternative P) in the Tongass Land and Resources
Management Plan and Final Environmental Impact Statement
(dated October 1992) as selected in the Record of Decision
Review Draft #3-2/93. Nothing in this paragraph shall be
interpreted to mandate clear-cutting or require the sale of
timber and nothing in this paragraph, including the ASQ
identified in Alternative P, shall be construed to limit the
Secretary's consideration of new information or to prejudice
future revision, amendment or modification of TLMP based upon
sound, verifiable scientific data.
(b) If the Forest Service determines in a Supplemental
Evaluation to an Environmental Impact Statement that no
additional analysis under the National Environmental Policy
Act or section 810 of the Alaska National Interest Lands
Conservation Act is necessary for any timber sale or offering
which has been prepared for acceptance by, or award to, a
purchaser after December 31, 1988, that has been subsequently
determined by the Forest Service to be available for sale or
offering to one or more other purchaser, the change of
purchasers for whatever reason shall not be considered a
significant new circumstance, and the Forest Service may
offer or award such timber sale or offering to a different
purchaser or offeree, notwithstanding any other provision of
law. A determination by the Forest Service pursuant to this
paragraph shall not be subject to judicial review.
(c) The President is authorized to suspend the provisions
of subsections (a) or (b), or both, if he determines that
such suspension is appropriate based upon the public interest
in sound environmental management, or protection of any
cultural, biological, or historic resources. Any suspension
by the President shall take effect on the date of execution,
and continue in effect for such period, not to extend beyond
the period in which this section would otherwise be in
effect, as the President may determine, and shall be reported
to the Congress prior to public release by the President. If
the President suspends the provisions of subsections (a) or
(b) or both, then such provisions shall have no legal force
or effect during such suspension.
Sec. 326. (a) Land Exchange.--The Secretary of the Interior
(hereinafter referred to as the ``Secretary'') is authorized
to convey to the Boise Cascade Corporation (hereinafter
referred to as the ``Corporation''), a corporation formed
under the statutes of the State of Delaware, with its
principal place of business at Boise, Idaho, title to
approximately seven acres of land, more or less, located in
sections 14 and 23, township 36 north, range 37 east,
Willamette Meridian, Stevens County, Washington, further
identified in the records of the Bureau of Reclamation,
Department of the Interior, as Tract No. GC-19860, and to
accept from the Corporation in exchange therefor, title to
approximately one hundred and thirty-six acres of land
located in section 19, township 37 north, range 38 east and
section 33, township 38 north, range 37 east, Willamette
Meridian, Stevens County, Washington, and further identified
in the records of the Bureau of Reclamation, Department of
the Interior, as Tract No. GC-19858 and Tract No. GC-19859,
respectively.
(b) Appraisal.--The properties so exchanged either shall be
approximately equal in fair market value or if they are not
approximately equal, shall be equalized by the payment of
cash to the Corporation or to the
[[Page 934]]
Secretary as required or in the event the value of the
Corporation's lands is greater, the acreage may be reduced so
that the fair market value is approximately equal: Provided,
That the Secretary shall order appraisals made of the fair
market value of each tract of land included in the exchange
without consideration for improvements thereon: Provided
further, That any cash payment received by the Secretary
shall be covered in the Reclamation Fund and credited to the
Columbia Basin project.
(c) Administrative Costs.--Costs of conducting the
necessary land surveys, preparing the legal descriptions of
the lands to be conveyed, performing the appraisals, and
administrative costs incurred in completing the exchange
shall be borne by the Corporation.
(d) Liability for Hazardous Substances.--(1) The Secretary
shall not acquire any lands under this Act if the Secretary
determines that such lands, or any portion thereof, have
become contaminated with hazardous substances (as defined in
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect
to any hazardous wastes or other substances placed on any of
the lands covered by this Act after their transfer to the
ownership of any party, but nothing in this Act shall be
construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party. The Corporation shall indemnify
the United States for liabilities arising under the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601), and the Resource Conservation
Recovery Act (42 U.S.C. 6901 et seq.).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this Act.
Sec. 327. Timber Sales Pipeline Restoration Funds.--(a) The
Secretary of Agriculture and the Secretary of the Interior
shall each establish a Timber Sales Pipeline Restoration Fund
(hereinafter ``Agriculture Fund'' and ``Interior Fund'' or
``Funds''). Any revenues received from sales released under
section 2001(k) of the fiscal year 1995 Supplemental
Appropriations for Disaster Assistance and Rescissions Act,
minus the funds necessary to make payments to States or local
governments under other law concerning the distribution of
revenues derived from the affected lands, which are in excess
of $37,500,000 (hereinafter ``excess revenues'') shall be
deposited into the Funds. The distribution of excess revenues
between the Agriculture Fund and Interior Fund shall be
calculated by multiplying the total of excess revenues times
a fraction with a denominator of the total revenues received
from all sales released under such section 2001(k) and
numerators of the total revenues received from such sales on
lands within the National Forest System and the total
revenues received from such sales on lands administered by
the Bureau of Land Management, respectively: Provided, That
revenues or portions thereof from sales released under such
section 2001(k), minus the amounts necessary for State and
local government payments and other necessary deposits, may
be deposited into the Funds immediately upon receipt thereof
and subsequently redistributed between the Funds or paid into
the United States Treasury as miscellaneous receipts as may
be required when the calculation of excess revenues is made.
(b)(1) From the funds deposited into the Agriculture Fund
and into the Interior Fund pursuant to subsection (a)--
(A) seventy-five percent shall be available, without fiscal
year limitation or further appropriation, for preparation of
timber sales, other than salvage sales as defined in section
2001(a)(3) of the fiscal year 1995 Supplemental
Appropriations for Disaster Assistance and Rescissions Act,
which--
(i) are situated on lands within the National Forest System
and lands administered by the Bureau of Land Management,
respectively; and
(ii) are in addition to timber sales for which funds are
otherwise available in this Act or other appropriations Acts;
and
(B) twenty-five percent shall be available, without fiscal
year limitation or further appropriation, to expend on the
backlog of recreation projects on lands within the National
Forest System and lands administered by the Bureau of Land
Management, respectively.
(2) Expenditures under this subsection for preparation of
timber sales may include expenditures for Forest Service
activities within the forest land management budget line item
and associated timber roads, and Bureau of Land Management
activities within the Oregon and California grant lands
account and the forestry management area account, as
determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared under
subsection (b) or under this subsection, minus the amounts
necessary for State and local government payments and other
necessary deposits, shall be deposited into the Fund from
which funds were expended on such sale. Such deposited
revenues shall be available for preparation of additional
timber sales and completion of additional recreation projects
in accordance with the requirements set forth in subsection
(b).
(d) The Secretary concerned shall terminate all payments
into the Agriculture Fund or the Interior Fund, and pay any
unobligated funds in the affected Fund into the United States
Treasury as miscellaneous receipts, whenever the Secretary
concerned makes a finding, published in the Federal Register,
that sales sufficient to achieve the total allowable sales
quantity of the National Forest System for the Forest Service
or the allowable sales level for the Oregon and California
grant lands for the Bureau of Land Management, respectively,
have been prepared.
(e) Any timber sales prepared and recreation projects
completed under this section shall comply with all applicable
environmental and natural resource laws and regulations.
(f) The Secretary concerned shall report annually to the
Committees on Appropriations of the United States Senate and
the House of Representatives on expenditures made from the
Fund for timber sales and recreation projects, revenues
received into the Fund from timber sales, and timber sale
preparation and recreation project work undertaken during the
previous year and projected for the next year under the Fund.
Such information shall be provided for each Forest Service
region and Bureau of Land Management State office.
(g) The authority of this section shall terminate upon the
termination of both Funds in accordance with the provisions
of subsection (d).
Sec. 328. Of the funds provided to the National Endowment
for the Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or regional group, may be used to make a grant to
any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods
and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 329. Delay in Implementation of the Administration's
Rangeland Reform Program.--None of the funds made available
under this or any other Act may be used to implement or
enforce the final rule published by the Secretary of the
Interior on February 22, 1995 (60 Fed. Reg. 9894), making
amendments to parts 4, 1780, and 4100 of title 43, Code of
Federal Regulations, to take effect August 21, 1995, until
November 21, 1995. None of the funds made available under
this or any other Act may be used to publish proposed or
enforce final regulations governing the management of
livestock grazing on lands administered by the Forest Service
until November 21, 1995.
Sec. 330. Section 1864 of title 18, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``twenty'' and inserting
``40'';
(B) in paragraph (3), by striking ``ten'' and inserting
``20'';
(C) in paragraph (4), by striking ``if damage exceeding
$10,000 to the property of any individual results,'' and
inserting ``if damage to the property of any individual
results or if avoidance costs have been incurred exceeding
$10,000, in the aggregate,''; and
(D) in paragraph (4), by striking ``ten'' and inserting
``20'';
(2) in subsection (c) by striking ``ten'' and inserting
``20'';
(3) in subsection (d), by--
(A) striking ``and'' at the end of paragraph (2);
(B) striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) adding at the end the following:
``(4) the term `avoidance costs' means costs incurred by
any individual for the purpose of--
``(A) detecting a hazardous or injurious device; or
``(B) preventing death, serious bodily injury, bodily
injury, or property damage likely to result from the use of a
hazardous or injurious device in violation of subsection
(a).''; and
(4) by adding at the end thereof the following:
``(e) Any person injured as the result of a violation of
subsection (a) may commence a civil action on his own behalf
against any person who is alleged to be in violation of
subsection (a). The district courts shall have jurisdiction,
without regard to the amount in controversy or the
citizenship of the parties, in such civil actions. The court
may award, in addition to monetary damages for any injury
resulting from an alleged violation of subsection (a), costs
of litigation, including reasonable attorney and expert
witness fees, to any prevailing or substantially prevailing
party, whenever the court determines such award is
appropriate.''.
Sec. 331. (a) Purposes of National Endowment for the
Arts.--Section 2 of the National Foundation on the Arts and
the Humanities Act of 1965, as amended (20 U.S.C. 951), sets
out findings and purposes for which the National Endowment
for the Arts was established, among which are--
(1) ``The arts and humanities belong to all the people of
the United States'';
[[Page 935]]
(2) ``The arts and humanities reflect the high place
accorded by the American people . . . to the fostering of
mutual respect for the diverse beliefs and values of all
persons and groups'';
(3) ``Public funding of the arts and humanities is subject
to the conditions that traditionally govern the use of public
money [and] such funding should contribute to public support
and confidence in the use of taxpayer funds''; and
(4) ``Public funds provided by the Federal Government must
ultimately serve public purposes the Congress defines''.
(b) Additional Congressional Findings.--Congress further
finds and declares that the use of scarce funds, which have
been taken from all taxpayers of the United States, to
promote, disseminate, sponsor, or produce any material or
performance that--
(1) denigrates the religious objects or religious beliefs
of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way,
sexual or excretory activities or organs,
is contrary to the express purposes of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended.
(c) Prohibition on Funding That Is Not Consistent With the
Purposes of the Act.--Notwithstanding any other provision of
law, none of the scarce funds which have been taken from all
taxpayers of the United States and made available under this
Act to the National Endowment for the Arts may be used to
promote, disseminate, sponsor, or produce any material or
performance that--
(1) denigrates the religious objects or religious beliefs
of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way,
sexual or excretory activities or organs,
and this prohibition shall be strictly applied without regard
to the content or viewpoint of the material or performance.
(d) Section Not To Affect Other Works.--Nothing in this
section shall be construed to affect in any way the freedom
of any artist or performer to create any material or
performance using funds which have not been made available
under this Act to the National Endowment for the Arts.
Sec. 332. For purposes related to the closure of the Bureau
of Mines, funds made available to the United States
Geological Survey, the United States Bureau of Mines, and the
Bureau of Land Management shall be available for transfer,
with the approval of the Secretary of the Interior, among the
following accounts: United States Geological Survey, Surveys,
investigations, and research; Bureau of Mines, Mines and
minerals; and Bureau of Land Management, Management of lands
and resources. The Secretary of Energy shall reimburse the
Secretary of the Interior, in an amount to be determined by
the Director of the Office of Management and Budget, for the
expenses of the transferred functions between October 1, 1995
and the effective date of the transfers of function. Such
transfers shall be subject to the reprogramming guidelines of
the House and Senate Committees on Appropriations.
Sec. 333. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously
approved under section 490(c)(3) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (Public Law 101-
382) or to enforce or implement Federal regulations 36 CFR
part 223 promulgated on September 8, 1995. The regulations
and interim rules in effect prior to September 8, 1995 (36
CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223
Subpart F, and 36 CFR 261.6) shall remain in effect. The
Secretary of Agriculture or the Secretary of the Interior
shall not adopt any policies concerning Public Law 101-382 or
existing regulations that would restrain domestic
transportation or processing of timber from private lands or
impose additional accountability requirements on any timber.
The Secretary of Commerce shall extend until September 30,
1996, the order issued under section 491(b)(2)(A) of Public
Law 101-382 and shall issue an order under section
491(b)(2)(B) of such law that will be effective October 1,
1996.
Sec. 334. The National Park Service, in accordance with the
Memorandum of Agreement between the United States National
Park Service and the City of Vancouver dated November 4,
1994, shall permit general aviation on its portion of Pearson
Field in Vancouver, Washington until the year 2022, during
which time a plan and method for transitioning from general
aviation aircraft to historic aircraft shall be completed;
such transition to be accomplished by that date. This action
shall not be construed to limit the authority of the Federal
Aviation Administration over air traffic control or aviation
activities at Pearson Field or limit operations and airspace
of Portland International Airport.
Sec. 335. The United States Forest Service approval of
Alternative site 2 (ALT 2), issued on December 6, 1993, is
hereby authorized and approved and shall be deemed to be
consistent with, and permissible under, the terms of Public
Law 100-696 (the Arizona-Idaho Conservation Act of 1988).
Sec. 336. None of the funds made available to the
Department of the Interior or the Department of Agriculture
by this or any other Act may be used to issue or implement
final regulations, rules, or policies pursuant to Title VIII
of the Alaska National Interest Lands Conservation Act to
assert jurisdiction, management, or control over navigable
waters transferred to the State of Alaska pursuant to the
Submerged Lands Act of 1953 or the Alaska Statehood Act of
1959.
Section 337. Directs the Department of the Interior to
transfer to the Daughters of the American Colonists a plaque
in the possession of the National Park Service. The Park
Service currently has this plaque in storage and this
provision provides for its return to the organization that
originally placed the plaque on the Great Southern Hotel in
Saint Louis, Missouri in 1933 to mark the site of Fort San
Carlos.
Sec. 338. Upon enactment of this Act, all funds obligated
in fiscal year 1996 under ``Salaries and expenses'',
Pennsylvania Avenue Development Corporation are to be offset
by unobligated balances made available under this Act under
the account ``Public development'', Pennsylvania Avenue
Development Corporation and all funds obligated in fiscal
year 1996 under ``International forestry'', Forest Service
are to be offset, as appropriate by funds made available
under this Act under the accounts ``Forest research'' ``State
and private forestry'', ``National forest system'', and
``Construction'' in the Forest Service.
Sec. 339. (a) Notwithstanding any other provision of law,
in order to avoid or minimize the need for involuntary
separations due to a reduction in force, reorganizations,
transfer of function, or other similar action, the Secretary
of the Smithsonian Institution may pay, or authorize the
payment of, voluntary separation incentive payments to
Smithsonian Institution employees who separate from Federal
service voluntarily through October 1, 1996 (whether by
retirement or resignation).
(b) A voluntary separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation in an amount to be determined by the Secretary,
but shall not exceed $25,000; and
(2) shall not be a basis for payment, and shall not be
included in the computation, of any other type of benefit.
(c)(1) An employee who has received a voluntary separation
incentive payment under this section and accepts employment
with any agency or instrumentality of the United States
within 5 years after the date of the separation on which the
payment is based shall be required to repay the entire amount
of the incentive payment to the Smithsonian Institution.
(2) The repayment required by paragraph (1) may be waived
only by the Secretary.
(d) In addition to any other payments which it is required
to make under subchapter III of chapter 83 of title 5, United
States Code, the Smithsonian shall remit to the Office of
Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee of the Smithsonian to whom a
voluntary separation incentive payment has been paid.
This Act may be cited as the ``Department of the Interior
and Related Agencies Appropriations Act, 1996''.
(d) For programs, projects or activities for in the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1996,
provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
An Act making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related
agencies, for the fiscal year ending September 30, 1996 and
for other purposes.
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For expenses necessary to carry into effect the Job
Training Partnership Act, as amended, including the purchase
and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and
the purchase of real property for training centers as
authorized by the Job Training Partnership Act; title II of
the Civil Rights Act of 1991; the Women in Apprenticeship and
Nontraditional Occupations Act; National Skill Standards Act
of 1994; and the School-to-Work Opportunities Act;
$4,146,278,000 plus reimbursements, of which $3,226,559,000
is available for obligation for the period July 1, 1996
through June 30, 1997; of which $121,467,000 is available for
the period July 1, 1996 through June 30, 1999 for necessary
expenses of construction, rehabilitation, and acquisition of
Job Corps centers; and of which $170,000,000 shall be
available from July 1, 1996 through September 30, 1997, for
carrying out activities of the School-to-Work Opportunities
Act: Provided, That $52,502,000 shall be for carrying out
section 401 of the Job Training Partnership Act, $69,285,000
shall be for carrying out section 402 of such Act, $7,300,000
shall be for carrying out section 441 of such Act, $8,000,000
shall be for all activities conducted by and through the
National Occupational Information Coordinating Committee
under such Act, $850,000,000 shall be for carrying out title
II, part A of such Act, $126,672,000 shall be for carrying
out title II, part C of such Act and $2,500,000 shall be
available for obligation from October 1, 1995 through
September 30, 1996 to support short-term training and
employment-related activities incurred by the organizer of
the 1996 Paralympic Games: Provided further, That no funds
from any other appropriation shall be used to provide meal
services at or for Job Corps centers: Provided further, That
notwithstanding any other provision of law, the
[[Page 936]]
Secretary of Labor may waive any of the requirements
contained in sections 4, 104, 105, 107, 108, 121, 164, 204,
253, 254, 264, 301, 311, 313, 314, and 315 of the Job
Training Partnership Act in order to assist States in
improving State workforce development systems, pursuant to a
request submitted by a State that has prior to the date of
enactment of this Act executed a Memorandum of Understanding
with the United States requiring such State to meet agreed
upon outcomes: Provided further, That funds used from this
Act to carry out title III of the Job Training Partnership
Act shall not be subject to the limitation contained in
subsection (b) of section 315 of such Act; that the waiver
allowing a reduction in the cost limitation relating to
retraining services described in subsection (a)(2) of such
section 315 may be granted with respect to funds from this
Act if a substate grantee demonstrates to the Governor that
such waiver is appropriate due to the availability of low-
cost retraining services, is necessary to facilitate the
provision of needs-related payments to accompany long-term
training, or is necessary to facilitate the provision of
appropriate basic readjustment services and that funds used
from this Act to carry out the Secretary's discretionary
grants under part B of such title III may be used to provide
needs-related payments to participants who, in lieu of
meeting the requirements relating to enrollment in training
under section 314(e) of such Act, are enrolled in training by
the end of the sixth week after funds have been awarded:
Provided further, That service delivery areas may transfer
funding provided herein under authority of titles II-B and
II-C of the Job Training Partnership Act between the programs
authorized by those titles of that Act, if such transfer is
approved by the Governor: Provided further, That service
delivery areas and substate areas may transfer funding
provided herein under authority of title II-A and title III
of the Job Training Partnership Act between the programs
authorized by those titles of the Act, if such transfer is
approved by the Governor: Provided further, That,
notwithstanding any other provision of law, any proceeds from
the sale of Job Corps Center facilities shall be retained by
the Secretary of Labor to carry out the Job Corps program.
community service employment for older americans
To carry out the activities for national grants or
contracts with public agencies and public or private
nonprofit organizations under paragraph (1)(A) of section
506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as
subsequently authorized, $290,940,000.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older
worker activities as subsequently authorized, $82,060,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I, and
for training, for allowances for job search and relocation,
and for related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act of
1974, as amended, $346,100,000, together with such amounts as
may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15 of the current year.
state unemployment insurance and employment service operations
For activities authorized by the Act of June 6, 1933, as
amended (29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title
III of the Social Security Act, as amended (42 U.S.C. 502-
504); necessary administrative expenses for carrying out 5
U.S.C. 8501-8523, and sections 225, 231-235, 243-244, and
250(d)(1), 250(d)(3), title II of the Trade Act of 1974, as
amended; as authorized by section 7c of the Act of June 6,
1933, as amended, necessary administrative expenses under
sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3),
(n)(1), and 218(g) (1), (2), and (3), and 258(c) of the
Immigration and Nationality Act, as amended (8 U.S.C. 1101 et
seq.); necessary administrative expenses to carry out section
221(a) of the Immigration Act of 1990, $135,328,000, together
with not to exceed $3,102,194,000 (including not to exceed
$1,653,000 which may be used for amortization payments to
States which had independent retirement plans in their State
employment service agencies prior to 1980, and including not
to exceed $2,000,000 which may be obligated in contracts with
non-State entities for activities such as occupational and
test research activities which benefit the Federal-State
Employment Service System), which may be expended from the
Employment Security Administration account in the
Unemployment Trust Fund, and of which the sums available in
the allocation for activities authorized by title III of the
Social Security Act, as amended (42 U.S.C. 502-504), and the
sums available in the allocation for necessary administrative
expenses for carrying out 5 U.S.C. 8501-8523, shall be
available for obligation by the States through December 31,
1996, except that funds used for automation acquisitions
shall be available for obligation by States through September
30, 1998; and of which $133,452,000, together with not to
exceed $738,283,000 of the amount which may be expended from
said trust fund shall be available for obligation for the
period July 1, 1996, through June 30, 1997, to fund
activities under the Act of June 6, 1933, as amended,
including the cost of penalty mail made available to States
in lieu of allotments for such purpose, and of which
$216,333,000 shall be available only to the extent necessary
for additional State allocations to administer unemployment
compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or
changes in a State law: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year
1996 is projected by the Department of Labor to exceed 2.785
million, an additional $28,600,000 shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) from the Employment Security Administration Account
of the Unemployment Trust Fund: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center network may be obligated in
contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for
activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding
cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund
as authorized by section 9501(c)(1) of the Internal Revenue
Code of 1954, as amended; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section 8509 of
title 5, United States Code, and section 104(d) of Public Law
102-164, and section 5 of Public Law 103-6, and to the
``Federal unemployment benefits and allowances'' account, to
remain available until September 30, 1997, $369,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 1996, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums
as may be necessary.
advances to the employment security administration account of the
unemployment trust fund
(rescission)
Amounts remaining unobligated under this heading as of
September 30, 1995, are hereby rescinded.
payments to the unemployment trust fund and other funds
(rescission)
Of the amounts remaining unobligated under this heading as
of September 30, 1995, $266,000,000 are hereby rescinded.
program administration
For expenses of administering employment and training
programs and for carrying out section 908 of the Social
Security Act, $83,054,000, together with not to exceed
$40,793,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for Pension and Welfare Benefits
Administration, $67,497,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program through September
30, 1996, for such Corporation: Provided, That not to exceed
$10,603,000 shall be available for administrative expenses of
the Corporation: Provided further, That expenses of such
Corporation in connection with the collection of premiums,
the termination of pension plans, for the acquisition,
protection or management, and investment of trust assets, and
for benefits administration services shall be considered as
non-administrative expenses for the purposes hereof, and
excluded from the above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection
services rendered, $265,637,000, together with $1,007,000
which may be expended from the Special Fund in accordance
with sections 39(c) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That the Secretary of
Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department of Labor, all sums of
money ordered to be paid to the Secretary of Labor, in
accordance with the terms of the Consent Judgment in Civil
Action No. 91-0027 of the United States District Court for
the District of the Northern Mar
[[Page 937]]
iana Islands (May 21, 1992): Provided further, That the
Secretary of Labor is authorized to establish and, in
accordance with 31 U.S.C. 3302, collect and deposit in the
Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214)
and for processing applications and issuing registrations
under Title I of the Migrant and Seasonal Agricultural Worker
Protection Act, 29 U.S.C. 1801 et seq.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by title 5, chapter 81 of
the United States Code; continuation of benefits as provided
for under the head ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; and sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App.
2012); and 50 per centum of the additional compensation and
benefits required by section 10(h) of the Longshore and
Harbor Workers' Compensation Act, as amended, $218,000,000
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That such sums as
are necessary may be used under section 8104 of title 5,
United States Code, by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a reemployed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated
on September 30, 1995, shall remain available until expended
for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount for
its fair share of the cost of administration, such sums as
the Secretary of Labor determines to be the cost of
administration for employees of such fair share entities
through September 30, 1996: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration, $19,383,000 shall
be made available to the Secretary of Labor for expenditures
relating to capital improvements in support of Federal
Employees' Compensation Act administration, and the balance
of such funds shall be paid into the Treasury as
miscellaneous receipts: Provided further, That the Secretary
may require that any person filing a notice of injury or a
claim for benefits under Subchapter 5, U.S.C., chapter 81, or
under subchapter 33, U.S.C. 901, et seq. (the Longshore and
Harbor Workers' Compensation Act, as amended), provide as
part of such notice and claim, such identifying information
(including Social Security account number) as such
regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$996,763,000, of which $949,494,000 shall be available until
September 30, 1997, for payment of all benefits as authorized
by section 9501(d) (1), (2), (4), and (7), of the Internal
Revenue Code of 1954, as amended, and interest on advances as
authorized by section 9501(c)(2) of that Act, and of which
$27,350,000 shall be available for transfer to Employment
Standards Administration, Salaries and Expenses, and
$19,621,000 for transfer to Departmental Management, Salaries
and Expenses, and $298,000 for transfer to Departmental
Management, Office of Inspector General, for expenses of
operation and administration of the Black Lung Benefits
program as authorized by section 9501(d)(5)(A) of that Act:
Provided, That in addition, such amounts as may be necessary
may be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for any
period subsequent to August 15 of the current year: Provided
further, That in addition such amounts shall be paid from
this fund into miscellaneous receipts as the Secretary of the
Treasury determines to be the administrative expenses of the
Department of the Treasury for administering the fund during
the current fiscal year, as authorized by section
9501(d)(5)(B) of that Act.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $304,984,000 including not to exceed
$68,295,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act, which grants shall be no less than
fifty percent of the costs of State occupational safety and
health programs required to be incurred under plans approved
by the Secretary under section 18 of the Occupational Safety
and Health Act of 1970; and, in addition, notwithstanding 31
U.S.C. 3302, the Occupational Safety and Health
Administration may retain up to $750,000 per fiscal year of
training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or
order under the Occupational Safety and Health Act of 1970
which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and
employs ten or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health
Act of 1970 with respect to any employer of ten or fewer
employees who is included within a category having an
occupational injury lost workday case rate, at the most
precise Standard Industrial Classification Code for which
such data are published, less than the national average rate
as such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs ten or
fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $196,673,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles;
the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety
associations; and any funds available to the Department may
be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event
of a major disaster: Provided, That none of the funds
appropriated under this paragraph shall be obligated or
expended to carry out section 115 of the Federal Mine Safety
and Health Act of 1977 or to carry out that portion of
section 104(g)(1) of such Act relating to the enforcement of
any training requirements, with respect to shell dredging, or
with respect to any sand, gravel, surface stone, surface
clay, colloidal phosphate, or surface limestone mine.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$293,181,000, of which $11,549,000 shall be for expenses of
revising the Consumer Price Index and shall remain available
until September 30, 1997, together with not to exceed
$51,278,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management,
including the hire of three sedans, and including up to
$4,358,000 for the President's Committee on Employment of
People With Disabilities, $141,047,000; together with not to
exceed $303,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund: Provided, That no funds made available by this Act may
be used by the Solicitor of Labor to participate in a review
in any United States court of appeals of any decision made by
the Benefits Review Board under Section 21 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278, (1995): Provided further, That no funds made
available by this Act may be used by the Secretary of Labor
after September 12, 1996, to review a decision under the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) that has been appealed and that has been pending
before the Benefits
[[Page 938]]
Review Board for more than 12 months, except as otherwise
specified herein: Provided further, That any such decision
pending a review by the Benefits Review Board for more than
one year shall, if not acted upon by the Board before
September 12, 1996, be considered affirmed by the Benefits
Review Board on that date, and shall be considered the final
order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That
beginning on September 13, 1996, the Benefits Review Board
shall make a decision on an appeal of a decision under the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) not later than 1 year after the date the appeal to
the Benefits Review Board was filed; however, if the Benefits
Review Board fails to make a decision within the 1-year
period, the decision under review shall be considered the
final order of the Board for purposes of obtaining a review
in the United States courts of appeals: Provided further,
That these provisions shall not be applicable to the review
of any decision issued under the Black Lung Benefits Act (30
U.S.C. 901 et seq.).
Beginning on September 13, 1996, in any appeal to the
Benefits Review Board that has been pending for one year, the
petitioner may elect to maintain the proceeding before the
Benefits Review Board for a period of 60 days. Such election
shall be filed with the Board no later than 30 days prior to
the end of the one-year period. If no decision is rendered
during this 60-day period, the decision under review shall be
considered affirmed by the Board on the last day of such
period, and shall be considered the final order of the Board
for purposes of obtaining a review in the United States
courts of appeals.
working capital fund
The language under this heading in Public Law 85-67, as
amended, is further amended by adding the following before
the last period: ``: Provided further, That within the
Working Capital Fund, there is established an Investment in
Reinvention Fund (IRF), which shall be available to invest in
projects of the Department designed to produce measurable
improvements in agency efficiency and significant taxpayer
savings. Notwithstanding any other provision of law, the
Secretary of Labor may retain up to $3,900,000 of the
unobligated balances in the Department's annual Salaries and
Expenses accounts as of September 30, 1995, and transfer
those amounts to the IRF to provide the initial capital for
the IRF, to remain available until expended, to make loans to
agencies of the Department for projects designed to enhance
productivity and generate cost savings. Such loans shall be
repaid to the IRF no later than September 30 of the fiscal
year following the fiscal year in which the project is
completed. Such repayments shall be deposited in the IRF, to
be available without further appropriation action.''
assistant secretary for veterans employment and training
Not to exceed $170,390,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4110A and 4321-4327, and Public Law 103-353, and
which shall be available for obligation by the States through
December 31, 1996.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $44,426,000, together with
not to exceed $3,615,000, which may be expended from the
Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of $125,000.
Sec. 102. None of the funds made available in this Act may
be used by the Occupational Safety and Health Administration
directly or through section 23(g) of the Occupational Safety
and Health Act to promulgate or issue any proposed or final
standard or guideline regarding ergonomic protection. Nothing
in this section shall be construed to limit the Occupational
Safety and Health Administration from conducting any peer
reviewed risk assessment activity regarding ergonomics,
including conducting peer reviews of the scientific basis for
establishing any standard or guideline, direct or contracted
research, or other activity necessary to fully establish the
scientific basis for promulgating any standard or guideline
on ergonomic protection.
(transfer of funds)
Sec. 103. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of
Labor in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfers: Provided, That
the Appropriations Committees of both Houses of Congress are
notified at least fifteen days in advance of any transfers.
Sec. 104. Funds shall be available for carrying out title
IV-B of the Job Training Partnership Act, notwithstanding
section 427(c) of that Act, if a Job Corps center fails to
meet national performance standards established by the
Secretary.
This title may be cited as the ``Department of Labor
Appropriations Act, 1996''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XVI, XIX,
and XXVI of the Public Health Service Act, section 427(a) of
the Federal Coal Mine Health and Safety Act, title V of the
Social Security Act, the Health Care Quality Improvement Act
of 1986, as amended, Public Law 101-527, and the Native
Hawaiian Health Care Act of 1988, as amended, $3,077,857,000,
of which $391,700,000 shall be for a part A of title XXVI of
the Public Health Service Act and $260,847,000 shall be for
Part B of title XXVI of the Public Health Service Act, and of
which $411,000 shall remain available until expended for
interest subsidies on loan guarantees made prior to fiscal
year 1981 under part B of title VII of the Public Health
Service Act: Provided, That the Division of Federal
Occupational Health may utilize personal services contracting
to employ professional management/administrative, and
occupational health professionals: Provided further, That of
the funds made available under this heading, $858,000 shall
be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided further,
That in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the
Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available
until expended to carry out that Act: Provided further, That
no more than $5,000,000 is available for carrying out the
provisions of Public Law 104-73: Provided further, That of
the funds made available under this heading, $193,349,000
shall be for the program under title X of the Public Health
Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That notwithstanding any
other provision of law, funds made available under this
heading may be used to continue operating the Council on
Graduate Medical Education established by section 301 of
Public Law 102-408: Provided further, That the Secretary
shall use amounts available for section 2603(b) of the Public
Health Service Act as necessary to ensure that fiscal year
1996 grant awards made under section 2603(a) of such Act to
eligible areas that received such grants in fiscal year 1995
are not less than 99 percent of the fiscal year 1995 level:
Provided further,That funds made available under this heading
for activities authorized by part A of title XXVI of the
Public Health Service Act are available only for those
metropolitan areas previously funded under Public Law 103-333
or with a cumulative total of more than 2,000 cases of AIDS,
as reported to the Centers for Disease Control and Prevention
as of March 31, 1995, and have a population of 500,000 or
more: Provided further, That of the amounts provided for part
B of title XXVI of the Public Health Service Act $52,000,000
shall be used only for State AIDS Drug Assistance Programs
authorized by section 2616 of the Health Service Act and
shall be distributed to States as authorized by section
2618(b)(2) of such Act.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $8,000,000, together with any
amounts received by the Secretary in connection with loans
and loan guarantees under title VI of the Public Health
Service Act, to be available without fiscal year limitation
for the payment of interest subsidies. During the fiscal
year, no commitments for direct loans or loan guarantees
shall be made.
health education assistance loans program
For the cost of guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as
authorized by title VII of the Public Health Service Act, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the total loan principal any part of which is to be
guaranteed at not to exceed $210,000,000. In addition, for
administrative expenses to carry out the guaranteed loan
program, $2,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death with respect
to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the Public Health Service Act,
to remain available until expended: Provided, That for
necessary administrative expenses, not to exceed $3,000,000
shall be available from the Trust Fund to the Secretary of
Health and Human Services.
vaccine injury compensation
For payment of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines
be
[[Page 939]]
fore October 1, 1988, $110,000,000, to remain available until
expended.
Centers for Disease Control and Prevention
disease control, research, and training
(rescission)
Of the amounts made available under this heading in Public
Law 103-333, Public Law 103-112, and Public Law 102-394 for
immunization activities, $53,000,000 are hereby rescinded:
Provided, That the Director may redirect the total amount
made available under authority of Public Law 101-502, section
3, dated November 3, 1990, to activities the Director may so
designate: Provided further, That the Congress is to be
notified promptly of any such transfer.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health
services, the Protection and Advocacy for Mentally Ill
Individuals Act of 1986, and section 301 of the Public Health
Service Act with respect to program management,
$1,883,715,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, and for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during the
current fiscal year.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $65,186,000; in addition, amounts received from Freedom
of Information Act fees, reimbursable and interagency
agreements, and the sale of data tapes shall be credited to
this appropriation and shall remain available until expended:
Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed
$60,124,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $55,094,355,000, to
remain available until expended.
For making, after May 31, 1996, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 1996 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1997,
$26,155,350,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under sections 217(g) and 1844 of the Social
Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $63,313,000,000.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, and XIX of the Social Security Act, and title XIII of
the Public Health Service Act, the Clinical Laboratory
Improvement Amendments of 1988, and section 4005(e) of Public
Law 100-203, not to exceed $1,734,810,000, together with all
funds collected in accordance with section 353 of the Public
Health Service Act, the latter funds to remain available
until expended, together with such sums as may be collected
from authorized user fees and the sale of data, which shall
remain available until expended, the $1,734,810,000, to be
transferred to this appropriation as authorized by section
201(g) of the Social Security Act, from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance
Trust Funds: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act are to be
credited to this appropriation.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 1996, no commitments for
direct loans or loan guarantees shall be made.
Administration for Children and Families
family support payments to states
For making payments to States or other non-Federal
entities, except as otherwise provided, under titles I, IV-A
(other than section 402(g)(6)) and D, X, XI, XIV, and XVI of
the Social Security Act, and the Act of July 5, 1960 (24
U.S.C. ch. 9), $13,614,307,000, to remain available until
expended.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-A and D, X, XI, XIV, and XVI of the Social Security
Act, for the last three months of the current year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
For making payments to States or other non-Federal entities
under titles I, IV-A (other than section 402(g)(6)) and D, X,
XI, XIV, and XVI of the Social Security Act and the Act of
July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of
fiscal year 1997, $4,800,000,000, to remain available until
expended.
job opportunities and basic skills
For carrying out aid to families with dependent children
work programs, as authorized by part F of title IV of the
Social Security Act, $1,000,000,000.
low income home energy assistance
(including rescission)
Of the funds made available beginning on October 1, 1995
under this heading in Public Law 103-333, $100,000,000 are
hereby rescinded.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $300,000,000 to be available for
obligation in the period October 1, 1996 through September
30, 1997: Provided, That all of the funds available under
this paragraph are hereby designated by Congress to be
emergency requirements pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That these funds shall be made
available only after submission to Congress of a formal
budget request by the President that includes designation of
the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985.
Funds made available in the fourth paragraph under this
heading in Public Law 103-333 that remain unobligated as of
September 30, 1996 shall remain available until September 30,
1997.
refugee and entrant assistance
For making payments for refugee and entrant assistance
activities authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-422), $402,172,000:
Provided, That funds appropriated pursuant to section 414(a)
of the Immigration and Nationality Act under Public Law 103-
112 for fiscal year 1994 shall be available for the costs of
assistance provided and other activities conducted in such
year and in fiscal years 1995 and 1996.
child care and development block grant
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $934,642,000, which
shall be available for obligation under the same statutory
terms and conditions applicable in the prior fiscal year.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $2,381,000,000: Provided, That
notwithstanding section 2003(c) of such Act, the amount
specified for allocation under such section for fiscal year
1996 shall be $2,381,000,000.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, the Family Violence
Prevention and Services Act, the Native American Programs Act
of 1974, title II of Public Law 95-266 (adoption
opportunities), the Temporary Child Care for Children with
Disabilities and Crisis Nurseries Act of 1986, the Abandoned
Infants Assistance Act of 1988, and part B(1) of title IV of
the Social Security Act; for making payments under the
Community Services Block Grant Act; and for necessary
administrative expenses to carry out said Acts and titles I,
IV, X, XI, XIV, XVI, and XX of the Social Security Act, the
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and
Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and section 126 and titles IV and V
of Public Law 100-485, $4,767,006,000, of which $435,463,000
shall be for making payments under the Community Services
Block Grant Act: Provided, That to the extent Community
Services Block Grant funds are distributed as grant funds by
a State to an eligible entity as provided under the Act, and
have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes.
In addition, $21,358,000, to be derived from the Violent
Crime Reduction Trust Fund, for carrying out sections 40155,
40211, 40241, and 40251 of Public Law 103-322.
family preservation and support
For carrying out section 430 of the Social Security Act,
$225,000,000.
[[Page 940]]
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal
entities, under title IV-E of the Social Security Act,
$4,322,238,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965, as amended, $829,393,000 of
which $4,449,000 shall be for section 712 and $4,732,000
shall be for section 721: Provided, That notwithstanding
section 308(b)(1) of such Act, the amounts available to each
State for administration of the State plan under title III of
such Act shall be reduced not more than 5 percent below the
amount that was available to such State for such purpose for
fiscal year 1995.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six medium sedans,
and for carrying out titles III, XVII, XX of the Public
Health Service Act, $139,499,000, together with $6,628,000,
to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under
this heading for carrying out title XVII of the Public Health
Service Act, $7,500,000 shall be available until expended for
extramural construction.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $36,162,000, together with any funds, to
remain available until expended, that represent the equitable
share from the forfeiture of property in investigations in
which the Office of Inspector General participated, and which
are transferred to the Office of the Inspector General by the
Department of Justice, the Department of the Treasury, or the
United States Postal Service.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$16,153,000, together with not to exceed $3,314,000, to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act, $9,000,000.
public health and social services emergency fund
For expenses necessary to prepare to respond to the health
and medical consequences of nuclear, chemical, or biologic
attack in the United States, $7,000,000, to remain available
until expended and, in addition, for clinical trials,
applying imaging technology used for missile guidance and
target recognition to new uses improving the early detection
of breast cancer, $2,000,000, to remain available until
expended.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds made available by this Act may
be used to withhold payment to any State under the Child
Abuse Prevention and Treatment Act by reason of a
determination that the State is not in compliance with
section 1340.2(d)(2)(ii) of title 45 of the Code of Federal
Regulations. This provision expires upon the date of
enactment of the reauthorization of the Child Abuse
Prevention and Treatment Act or upon September 30, 1996,
whichever occurs first.
Sec. 205. None of the funds appropriated in this or any
other Act for the National Institutes of Health and the
Substance Abuse and Mental Health Services Administration
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
$125,000 per year.
Sec. 206. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
(transfer of funds)
Sec. 207. Of the funds appropriated or otherwise made
available for the Department of Health and Human Services,
General Departmental Management, for fiscal year 1996, the
Secretary of Health and Human Services shall transfer to the
Office of the Inspector General such sums as may be necessary
for any expenses with respect to the provision of security
protection for the Secretary of Health and Human Services.
Sec. 208. Notwithstanding section 106 of Public Law 104-91
and section 106 of Public law 104-99, appropriations for the
National Institutes of Health and the Centers for Disease
Control and Prevention shall be available for fiscal year
1996 as specified in section 101 of Public Law 104-91 and
section 128 of Public Law 104-99.
Sec. 209. None of the funds appropriated in this Act may be
obligated or expended for the Federal Council on Aging under
the Older Americans Act or the Advisory Board on Child Abuse
and Neglect under the Child Abuse Prevention and Treatment
Act.
Sec. 210. Of the funds provided for the account heading
``Disease Control, Research, and Training'' in Public Law
104-91, $31,642,000, to be derived from the Violent Crime
Reduction Trust Fund, is hereby available for carrying out
sections 40151, 40261, and 40293 of Public Law 103-322
notwithstanding any provision of Public Law 104-91.
(transfer of funds)
Sec. 211. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of
Health and Human Services in this Act may be transferred
between such appropriations, but not such appropriation shall
be increased by more than 3 percent by any such transfers:
Provided, That the Appropriations Committees of both Houses
of Congress are notified at least fifteen days in advance of
any transfers.
(transfer of funds)
Sec. 212. The Director, National Institutes of Health,
jointly with the Director, Office of AIDS Research, may
transfer up to 3 percent among Institutes, Centers, and the
National Library of Medicine from the total amounts
identified in the apportionment for each Institute, Center,
or the National Library of Medicine for AIDS research:
Provided, That such transfers shall be within 30 days of
enactment of this Act and be based on the scientific
priorities established in the plan developed by the Director,
Office of AIDS Research, in accordance with section 2353 of
the Public Health Service Act: Provided further, That the
Congress is promptly notified of the transfer.
Sec. 213. In fiscal year 1996, the National Library of
Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes
of Health.
Sec. 214. (a) Reimbursement of Certain Claims Under the
Medicaid Program.--Notwithstanding any other provision of
law, and subject to subsection (b), in the case where payment
has been made by a State under title XIX of the Social
Security Act between December 31, 1993, and December 31,
1995, to a State-operated psychiatric hospital for services
provided directly by the hospital or by providers under
contract or agreement with the hospital, and the Secretary of
Health and Human Services has notified the State that the
Secretary intends to defer the determination of claims for
reimbursement related to such payment but for which a
deferral of such claims has not been taken as of March 1,
1996, (or, if such claims have been deferred as of such date,
such claims have not been disallowed by such date), the
Secretary shall--
(1) if, as of the date of the enactment of this title, such
claims have been formally deferred or disallowed, discontinue
any such action, and if a disallowance of such claims has
been taken as of such date, rescind any payment reductions
effected;
(2) not initiate any deferral or disallowance proceeding
related to such claims; and
(3) allow reimbursement of such claims.
(b) Limitation on Rescission or Reimbursement of Claims.--
The total amount of payment reductions rescinded or
reimbursement of claims allowed under subsection (a) shall
not exceed $54,000,000.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 1996''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by titles III and IV
of the Goals 2000: Educate America Act and the School-to-Work
Opportunities Act, $530,000,000, of which $340,000,000 for
the Goals 2000: Educate America Act and $180,000,000 for the
School-to-Work Opportunities Act shall become available on
July 1, 1996, and remain available through September 30,
1997: Provided, That notwithstanding section 311(e) of Public
Law 103-227, the Secretary is authorized to grant up to six
additional State education agencies authority to waive
Federal statutory or regulatory requirements for fiscal year
1996 and succeeding fiscal years: Provided further, That none
of the funds appropriated under this heading shall be
obligated or expended to carry out section 304(a)(2)(A) of
the Goals 2000: Educate America Act.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965, and section 418A of the Higher
Education Act, $7,228,116,000, of which $5,913,391,000 shall
become available on July 1, 1996 and shall re
[[Page 941]]
main available through September 30, 1997 and of which
$1,298,386,000 shall become available on October 1, 1996 and
shall remain available through September 30, 1997 for
academic year 1996-1997: Provided, That $5,985,839,000 shall
be available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be
available to the Secretary on October 1, 1995, to obtain
updated local-educational-agency-level census poverty data
from the Bureau of the Census: Provided further, That
$677,241,000 shall be available for concentration grants
under section 1124(A) and $3,370,000 shall be available for
evaluations under section 1501.
impact aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965, $693,000,000,
of which $581,707,000 shall be for basic support payments
under section 8003(b), $40,000,000 shall be for payments for
children with disabilities under section 8003(d),
$50,000,000, to remain available until expended, shall be for
payments under section 8003(f), $5,000,000 shall be for
construction under section 8007, and $16,293,000 shall be for
Federal property payments under section 8002.
school improvement programs
For carrying out school improvement activities authorized
by titles II, IV-A-1 and 2, V-A, VI, section 7203, and titles
IX, X and XIII of the Elementary and Secondary Education Act
of 1965; the Stewart B. McKinney Homeless Assistance Act; and
the Civil Rights Act of 1964; $1,223,708,000 of which
$1,015,481,000 shall become available on July 1, 1996, and
remain available through September 30, 1997: Provided, That
of the amount appropriated, $275,000,000 shall be for
Eisenhower professional development State grants under title
II-B and $275,000,000 shall be for innovative education
program strategies State grants under title VI-A: Provided
further, That not less than $3,000,000 shall be for
innovative programs under section 5111.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided,
bilingual and immigrant education activities authorized by
title VII of the Elementary and Secondary Education Act,
without regard to section 7103(b), $178,000,000 of which
$50,000,000 shall be for immigrant education programs
authorized by part C: Provided, That State educational
agencies may use all, or any part of, their part C allocation
for competitive grants to local educational agencies:
Provided further, That the Department of Education should
only support instructional programs which ensure that
students completely master English in a timely fashion (a
period of three to five years) while meeting rigorous
achievement standards in the academic content areas.
special education
For carrying out parts B, C, D, E, F, G, and H and section
610(j)(2)(C) of the Individuals with Disabilities Education
Act, $3,245,447,000, of which $3,000,000,000 shall become
available for obligation on July 1, 1996, and shall remain
available through September 30, 1997: Provided, That
notwithstanding section 621(e), funds made available for
section 621 shall be distributed among each of the regional
centers and the Federal center in proportion to the amount
that each such center received in fiscal year 1995: Provided
further, That the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau
shall be considered public or private nonprofit entities or
organizations for the purpose of parts C,D,E,F, and G of the
Individuals with Disabilities Education Act: Provided
further, That, from the funds available under section 611 of
the Act, the Secretary shall award grants, for which Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, The Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau shall be
eligible, to carry out the purposes set forth in section
601(c) of the Act, and that the amount of funds available for
such grants shall be equal to the amount that the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau would be eligible to receive if they
were considered jurisdictions for the purpose of section
611(e) of the Act: Provided further, That the Secretary shall
award grants in accordance with the recommendations of the
entity specified in section 1121(b)(2)(A) of the Elementary
and Secondary Education Act, including the provision of
administrative costs to such entity not to exceed five
percent: Provided further, That to be eligible for a
competitive award under the Individuals with Disabilities
Education Act, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau
must meet the conditions applicable to States under part B of
the Act.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance
for Individuals with Disabilities Act, and the Helen Keller
National Center Act, as amended, and the 1996 Paralympics
Games, $2,456,120,000 of which $7,000,000 will be used to
support the Paralympics Games: Provided, That $1,000,000 of
the funds provided for Special Demonstrations shall be used
to continue the two head injury centers that were first
funded under this program in fiscal year 1992.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $6,680,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $42,180,000: Provided, That from the
amount available, the Institute may at its discretion use
funds for the endowment program as authorized under section
207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$77,629,000: Provided, That from the amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education
Act, the Adult Education Act, and the National Literacy Act
of 1991, $1,340,261,000, of which $4,869,000 shall be for the
National Institute for Literacy; and of which $1,337,342,000
shall become available on July 1, 1996 and shall remain
available thorugh September 30, 1997: Provided, That of the
amounts made available under the Carl D. Perkins Vocational
and Applied Technology Education Act, $5,000,000 shall be for
national programs under title IV without regard to section
451 and $350,000 shall be for evaluations undre section 451
and $350,000 shall be for evaluations under section 346(b) of
the Act and no funds shall be awarded to a State Council
under section 112(f), and no State shall be required to
operate such a Council.
student financial assistance
For carrying out subparts 1, 3, and 4 of part A, part C,
and part E of title IV of the Higher Education Act of 1965,
as amended, $6,312,033,000, which shall remain available
through September 30, 1997: Provided, That notwithstanding
section 401(a)(1) of the Act, there shall be not to exceed
$3,650,000 Pell Grant recipients in award year 1995-1996.
The maximum Pell Grant for which a student shall be
eligible during award year 1996-1997 shall be $2,470:
Provided, That notwithstanding section 401(g) of the Act, as
amended, if the Secretary determines, prior to publication of
the payment schedule for award year 1996-1997, that the
$4,967,446,000 included within this appropriation for Pell
Grant awards for award year 1996-1997, and any funds
available from the fiscal year 1995 appropriation for Pell
Grant awards, are insufficient to satisfy fully all such
awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such
award shall be reduced by either a fixed or variable
percentage, or by a fixed dollar amount, as determined in
accordance with a schedule of reductions established by the
Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher
Education Act, as amended, $30,066,000.
higher education
For carrying out, to the extent not otherwise provided,
parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and
subpart 1 of part B of title X, and title XI of the Higher
Education Act of 1965, as amended, Public Law 102-423, and
the Mutual Educational and Cultural Exchange Act of 1961;
$836,964,000, of which $16,712,000 for interest subsidies
under title VII of the Higher Education Act, as amended,
shall remain available until expended: Provided, That
notwithstanding sections 419D, 419E, and 419H of the Higher
Education Act, as amended, scholarships made under title IV,
part A, subpart 6 shall be prorated to maintain the same
number of new scholarships in fiscal year 1996 as in fiscal
year 1995.
howard university
For partial support of Howard University (20 U.S.C. 121 et
seq.), $182,348,000: Provided, That from the amount
available, the University may at its discretion use funds for
the endowment program as authorized under the Howard
University Endowment Act (Public Law 98-480).
higher education facilities loans
The Secretary is hereby authorized to make such
expenditures, within the limits of funds available under this
heading and in accord with law, and to make such contracts
and commitments without regard to fiscal year limitation, as
provided by section 104 of the Government Corporation Control
Act (31 U.S.C. 9104), as may be necessary in carrying out the
program for the current fiscal year.
college housing and academic facilities loans program
For administrative expenses to carry out the existing
direct loan program of college housing and academic
facilities loans entered into pursuant to title VII, part C,
of the Higher Education Act, as amended, $700,000.
college housing loans
Pursuant to title VII, part C of the Higher Education Act,
as amended, for necessary expenses of the college housing
loans program, previously carried out under title IV of the
Housing Act of 1950, the Secretary shall
[[Page 942]]
make expenditures and enter into contracts without regard to
fiscal year limitation using loan repayments and other
resources available to this account. Any unobligated balances
becoming available from fixed fees paid into this account
pursuant to 12 U.S.C. 1749d, relating to payment of costs for
inspections and site visits, shall be available for the
operating expenses of this account.
historically black college and university capital financing, program
account
The total amount of bonds insured pursuant to section 724
of title VII, part B of the Higher Education Act shall not
exceed $357,000,000, and the cost, as defined in section 502
of the Congressional Budget Act of 1974, of such bonds shall
not exceed zero.
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program
entered into pursuant to title VII, part B of the Higher
Education Act, as amended, $166,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act;
the National Education Statistics Act; sections 2102, 3136,
3141, and parts B, C, and D of title III, parts A, B, I, and
K, and section 10601 of title X, part C of title XIII of the
Elementary and Secondary Education Act of 1965, as amended,
and title VI of the Goals 2000: Educate America Act,
$351,268,000: Provided, That $48,000,000 shall be for
sections 3136 and 3141 of the Elementary and Secondary
Education Act: Provided further, That $3,000,000 shall be for
the elementary mathematics and science equipment projects
under the fund for the improvement of education: Provided
further, That funds shall be used to extend star schools
partnership projects that received continuation grants in
fiscal year 1995: Provided further, That none of the funds
appropriated in this paragraph may be obligated or expended
for the Goals 2000 Communnity Partnerships Program: Provided
further, That funds for International Education Exchange
shall be used to extend the two grants awarded in fiscal year
1995.
libraries
For carrying out, to the extent not otherwise provided,
titles I, II, III, and IV of the Library Services and
Construction Act, and title II-B of the Higher Education Act,
$132,505,000, of which $16,369,000 shall be used to carry out
the provisions of title II of the Library Services and
Construction Act and shall remain available until expended;
and $2,500,000 shall be for section 222 and $3,000,000 shall
be for section 223 of the Higher Education Act: Provided,
That $1,000,000 shall be awarded to the Survivors of the
Shoak Vianal History Foundation to document and archive
holocaust survivors' testimony: Provided further, That
$1,000,000 shall be for the continued funding of an existing
demonstration project making information available for public
use by connecting Internet to a multistate consortium:
Provided further, That $1,000,000 shall be awarded to the
National Museum of Women in the Arts.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two
passenger motor vehicles, $327,319,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $55,451,000.
office of the inspector general
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $28,654,000.
Headquarters Renovation
For necessary expenses for the renovation of the Department
of Education headquarters building, $7,000,000, to remain
available until September 30, 1998.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
Sec. 304. No funds appropriated under this Act shall be
made available for opportunity to learn standards or
strategies.
Sec. 305. Notwithstanding any other provision of law, funds
available under section 458 of the Higher Education Act shall
not exceed $436,000,000 for fiscal year 1996. The Department
of Education shall pay administrative cost allowances owed to
guaranty agencies for fiscal year 1995 estimated to be
$95,000,000 and administrative cost allowances owed to
guaranty agencies for fiscal year 1996 estimated to be
$81,000,000. The Department of Education shall pay
administrative cost allowances to guaranty agencies, to be
paid quarterly, calculated on the basis of 0.85 percent of
the total principal amount of loans upon which insurance was
issued on or after October 1, 1995 by such guaranty agencies.
Receipt of such funds and uses of such funds by guaranty
agencies shall be in accordance with section 428(f) of the
Higher Education Act.
Notwithstanding section 458 of the Higher Education Act,
the Secretary may not use funds available under that section
or any other section for subsequent fiscal years for
administrative expenses of the William D. Ford Direct Loan
Program. The Secretary may not require the return of guaranty
agency reserve funds during fiscal year 1996, except after
consultation with both the Chairmen and Ranking Members of
the House Economic and Educational Opportunities Committee
and the Senate Labor and Human Resources Committee. Any
reserve funds recovered by the Secretary shall be returned to
the Treasury of the United States for purposes of reducing
the Federal deficit.
No funds available to the Secretary may be used for (1) the
hiring of advertising agencies or other third parties to
provide advertising services for student loan programs, or
(2) payment of administrative fees relating to the William D.
Ford Direct Loan Program to institutions of higher education.
Sec. 306. From any unobligated funds that are available to
the Secretary of Education to carry out sections 5 or 14 of
the Act of September 23, 1950 (Public Law 815, 81st Congress)
(as such Act was in effect on September 30, 1994)--
(1) half of the funds shall be available to the Secretary
of Education to carry out subsection (c) of this section; and
(2) half of the funds shall be available to the Secretary
of Education to carry out subparagraphs (B), (C), and (D) of
section 8007(a)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7707(a)(2)), as amended by subsection
(b) of this section.
(b) Subparagraph (B) of section 8007(a)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707(a)(2)) is amended by striking ``and in which the
agency'' and all that follows through ``renovation''.
(c)(1) The Secretary of Education shall award the funds
described in subsection (a)(1) to local educational agencies,
under such terms and conditions as the Secretary of Education
determines appropriate, for the construction of public
elementary or secondary schools on Indian reservations or in
school districts that--
(A) the Secretary of Education determines are in dire need
of construction funding;
(B) contain a public elementary or secondary school that
serves a student population which is 90 percent Indian
students; and
(C) serve students who are taught in inadequate or unsafe
structures, or in a public elementary or secondary school
that has been condemned.
(2) A local educational agency that receives construction
funding under this subsection for fiscal year 1996 shall not
be eligible to receive any funds under section 8007 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707) for school construction for fiscal years 1996 and 1997.
(3) As used in this subsection, the term ``construction''
has the meaning given that term in section 8013(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(3)).
(4) No request for construction funding under this
subsection shall be approved unless the request is received
by the Secretary of Education not later than 30 days after
the date of enactment of this Act.
(d) The Secretary of Education shall report to the House
and Senate Appropriations Committees on the total amounts
available pursuant to subsections (a)(1) and (a)(2) within 30
days of enactment of this Act.
Sec. 307. None of the funds appropriated in this Act may be
obligated or expended to carry out sections 727, 932, and
1002 of the Higher Education Act of 1965, and section 621(b)
of Public Law 101-589.
(transfer of funds)
Sec. 308. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of
Education in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfers: Provided, That
the Appropriations Committees of both Houses of Congress are
notified at least fifteen days in advance of any transfers.
This title may be cited as the ``Department of Education
Appropriations Act, 1996''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the United States Soldiers' and
Airmen's Home and the United States Naval
[[Page 943]]
Home, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $55,971,000, of which $1,954,000
shall remain available until expended for construction and
renovation of the physical plants at the United States
Soldiers' and Airmen's Home and the United States Naval Home:
Provided, That this appropriation shall not be available for
the payment of hospitalization of members of the Soldiers'
and Airmen's Home in United States Army hospitals at rates in
excess of those prescribed by the Secretary of the Army upon
recommendation of the Board of Commissioners and the Surgeon
General of the Army.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $198,393,000.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 1998, $250,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
180, 182-183), including hire of passenger motor vehicles;
and for expenses necessary for the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95-454 (5
U.S.C. chapter 71), $32,896,000 including $1,500,000, to
remain available through September 30, 1997, for activities
authorized by the Labor Management Cooperation Act of 1978
(29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged for special training activities up to
full-cost recovery shall be credited to and merged with this
account, and shall remain available until expended: Provided
further, That the Director of the Service is authorized to
accept on behalf of the United States gifts of services and
real, personal, or other property in the aid of any projects
or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $6,200,000.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended by Public Law
102-95), $829,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $1,793,000.
National Education Goals Panel
For expenses necessary for the National Education Goals
Panel, as authorized by title II, part A of the Goals 2000:
Educate America Act, $1,000,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-
167), and other laws, $170,743,000: Provided, That no part of
this appropriation shall be available to organize or assist
in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers
as referred to in section 2(3) of the Act of July 5, 1935 (29
U.S.C. 152), and as amended by the Labor-Management Relations
Act, 1947, as amended, and as defined in section 3(f) of the
Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained
or operated on a mutual, nonprofit basis and at least 95 per
centum of the water stored or supplied thereby is used for
farming purposes: Provided further, That none of the funds
made available by this Act shall be used in any way to
promulgate a final rule (altering 29 CFR part 103) regarding
single location bargaining units in representation cases.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $7,837,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $8,100,000.
Physician Payment Review Commission
salaries and expenses
For expenses necessary to carry out section 1845(a) of the
Social Security Act, $2,923,000, to be transferred to this
appropriation from the Federal Supplementary Medical
Insurance Trust Fund.
Prospective Payment Assessment Commission
salaries and expenses
For expenses necessary to carry out section 1886(e) of the
Social Security Act, $3,267,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $22,641,000.
In addition, to reimburse these trust funds for
administrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986, $10,000,000, to remain
available until expended.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, $485,396,000, to remain available until
expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Federal
Mine Safety and Health Act of 1977, for costs incurred in the
current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health Act of 1977 for the first quarter of
fiscal year 1997, $170,000,000, to remain available until
expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $18,545,512,000, to
remain available until expended, of which $1,500,000 shall be
for a demonstration program to foster economic independence
among people with disabilities through disability sport, in
connection with the Tenth Paralympic Games: Provided, That
any portion of the funds provided to a State in the current
fiscal year and not obligated by the State during that year
shall be returned to the Treasury.
In addition, $15,000,000, to remain available until
September 30, 1997, for continuing disability reviews as
authorized by section 103 of Public Law 104-121. The term
``continuing disability reviews'' has the meaning given such
term by section 201(g)(1)(A) of the Social Security Act.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For carrying out title XVI of the Social Security Act for
the first quarter of fiscal year 1997, $9,260,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two medium
size passenger motor vehicles, and not to exceed $10,000 for
official reception and representation expenses, not more than
$5,267,268,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act or as necessary to carry
out sections 9704 and 9706 of the Internal Revenue Code of
1986 from any one or all of the trust funds referred to
therein: Provided, That reimbursement to the trust funds
under this heading for administrative expenses to carry out
sections 9704 and 9706 of the Internal Revenue Code of 1986
shall be made, with interest, not later than September 30,
1997: Provided further, That unobligated balances at the end
of fiscal year 1996 not needed for fiscal year 1996 shall
remain available until expended for a state-of-the-art
computing network, including related equipment and
administrative expenses associated solely with this network.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$387,500,000, for disability caseload processing.
From funds provided under the previous two paragraphs, not
less than $200,000,000 shall be available for conducting
continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$60,000,000, to remain available until September 30, 1997,
for continuing disability reviews as authorized by section
103 of Public Law 104-121. The term ``continuing disability
reviews'' has the meaning given such term by section
201(g)(1)(A) of the Social Security Act.
[[Page 944]]
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$167,000,000, which shall remain available until expended, to
invest in a state-of-the-art computing network, including
related equipment and administrative expenses associated
solely with this network, for the Social Security
Administration and the State Disability Determination
Services, may be expended from any or all of the trust funds
as authorized by section 201(g)(1) of the Social Security
Act.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $4,816,000, together with not to exceed
$21,076,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $239,000,000, which shall include amounts becoming
available in fiscal year 1996 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds
$239,000,000: Provided, That the total amount provided herein
shall be credited in 12 approximately equal amounts on the
first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $300,000, to remain
available through September 30, 1997, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board,
$73,169,000, to be derived from the railroad retirement
accounts.
limitation on railroad unemployment insurance administration fund
For further expenses necessary for the Railroad Retirement
Board, for administration of the Railroad Unemployment
Insurance Act, not less than $16,786,000 shall be apportioned
for fiscal year 1996 from moneys credited to the railroad
unemployment insurance administration fund.
special management improvement fund
To effect management improvements, including the reduction
of backlogs, accuracy of taxation accounting, and debt
collection, $659,000, to be derived from the railroad
retirement accounts and railroad unemployment insurance
account: Provided, That these funds shall supplement, not
supplant, existing resources devoted to such operations and
improvements.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more
than $5,673,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $11,500,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or
defeat legislation pending before the Congress, except in
presentation to the Congress itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress.
Sec. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds
available for salaries and expenses under titles I and III,
respectively, for official reception and representation
expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for
official reception and representation expenses not to exceed
$2,500 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the
Chairman of the National Mediation Board is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry
out any program of distributing sterile needles for the
hypodermic injection of any illegal drug unless the Secretary
of Health and Human Services determines that such programs
are effective in preventing the spread of HIV and do not
encourage the use of illegal drugs.
Sec. 506. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds,
including but not limited to State and local governments and
recipients of Federal research grants, shall clearly state
(1) the percentage of the total costs of the program or
project which will be financed with Federal money, (2) the
dollar amount of Federal funds for the project or program,
and (3) percentage and dollar amount of the total costs of
the project or program that will be financed by
nongovernmental sources.
Sec. 508. None of the funds appropriated under this Act
shall be expended for any abortion except when it is made
known to the Federal entity or official to which funds are
appropriated under this Act that such procedure is necessary
to save the life of the mother or that the pregnancy is the
result of an act of rape or incest.
Sec. 509. Notwithstanding any other provision of law--
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation act, or in the Act establishing the
program or activity for which funds are contained in this
Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purposes for which it is
obligated and expended, except to the extent and in the
manner otherwise provided in sections 1512 and 1513 of title
31, United States Code; and
(3) no funds provided under this Act shall be available for
the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position in
the employing agency or department or in any other agency or
department, unless the detail is independently approved by
the head of the employing department or agency.
Sec. 510. Limitation on Use of Funds.--None of the funds
made available in this Act may be used for the expenses of an
electronic benefit transfer (EBT) task force.
Sec. 511. None of the funds made available in this Act may
be used to enforce the requirements of section
428(b)(1)(U)(iii) of the Higher Education Act of 1965 with
respect to any lender when it is made known to the Federal
official having authority to obligate or expend such funds
that the lender has a loan portfolio under part B of title IV
of such Act that is equal to or less than $5,000,000.
Sec. 512. None of the funds made available in this Act may
be used for Pell Grants under subpart 1 of part A of title IV
of the Higher Education Act of 1965 to students attending an
institution of higher education that is ineligible to
participate in a loan program under such title as a result of
a final default rate determination made by the Secretary
under the Federal Family Education Loan or Federal Direct
Loan program under parts B and D of such title, respectively,
and issued by the Secretary on or after February 14, 1996.
The preceding sentence shall not apply to an institution that
(1) was not participating in either such loan program on such
date (or would not have been participating on such date but
for the pendency of an appeal of a default rate determination
issued prior to such date) unless the institution
subsequently participates in either such loan program; or (2)
has a participation rate index (as defined at 34 CFR 668.17)
that is less than or equal to 0.0375.
No institution may be subject to the terms of this section
unless it has had the opportunity to appeal its default rate
determination under regulations issued by the Secretary for
the FFEL and Federal Direct Loan Programs.
Sec. 513. No more than 1 percent of salaries appropriated
for each Agency in this Act may be expended by that Agency on
cash performance awards: Provided, That of the budgetary
resources available to Agencies in this Act for salaries and
expenses during fiscal year 1996, $30,500,000, to be
allocated by the Office of Management and Budget, are
permanently canceled: Provided further, That the foregoing
proviso shall not apply to the Food and Drug Administration
and the Indian Health Service.
[[Page 945]]
Sec. 514. (a) High Cost Training Exception.--Section
428H(d)(2) of the Higher Education Act of 1965 (20 U.S.C.
1078-8(d)(2)) is amended by striking out the period at the
end thereof and inserting in lieu thereof a semicolon and the
following:
``except in cases where the Secretary determines, that a
higher amount is warranted in order to carry out the purpose
of this part with respect to students engaged in specialized
training requiring exceptionally high costs of education, but
the annual insurable limit per student shall not be deemed to
be exceeded by a line of credit under which actual payments
by the lender to the borrower will not be made in any years
in excess of the annual limit.''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective for loans made to cover the cost of
instruction for periods of enrollment beginning on or after
July 1, 1996.
establishment of prohibition against abortion-related discrimination in
training and licensing of physicians
Sec. 515. Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end
the following section:
``abortion-related discrimination in governmental activities regarding
training and licensing of physicians
Sec. 245. (a) In General.--The Federal Government, and any
State or local government that receives Federal financial
assistance, may not subject any health care entity to
discrimination on the basis that--
``(1) the entity refuses to undergo training in the
performance of induced abortions, to require or provide such
training, to perform such abortions, or to provide referrals
for such training or such abortions;
``(2) the entity refuses to make arrangements for any of
the activities specified in paragraph (1); or
``(3) the entity attends (or attended) a post-graduate
physician training program, or any other program of training
in the health professions, that does not (or did not) perform
induced abortions or require, provide or refer for training
in the performance of induced abortions, or make arrangements
for the provision of such training.
``(b) Accreditation of Postgraduate Physician Training
Programs.--
``(1) In general.--In determining whether to grant a legal
status to a health care entity (including a license or
certificate), or to provide such entity with financial
assistance, services or other benefits, the Federal
Government, or any State or local government that receives
Federal financial assistance, shall deem accredited any
postgraduate physician training program that would be
accredited but for the accrediting agency's reliance upon an
accreditation standards that requires an entity to perform an
induced abortion or require, provide, or refer for training
in the performance of induced abortions, or make arrangements
for such training, regardless of whether such standard
provides exceptions or exemptions. The government involved
shall formulate such regulations or other mechanisms, or
enter into such agreements with accrediting agencies, as are
necessary to comply with this subsection.
``(2) Rules of construction.--
``(A) In general.--With respect to subclauses (I) and (II)
of section 705(a)(2)(B)(i) (relating to a program of insured
loans for training in the health professions), the
requirements in such subclauses regarding accredited
internship or residency programs are subject to paragraph (1)
of this subsection.
``(B) Exceptions.--This section shall not--
``(i) prevent any health care entity from voluntarily
electing to be trained, to train, or to arrange for training
in the performance of, to perform, or to make referrals for
induced abortions; or
``(ii) prevent an accrediting agency or a Federal, State or
local government from establishing standards of medical
competency applicable only to those individuals who have
voluntarily elected to perform abortions.
``(c) Definitions.--For purposes of this section:
``(1) The term `financial assistance', with respect to a
government program, includes governmental payments provided
as reimbursement for carrying out health-related activities.
``(2) The term `health care entity' includes an individual
physician, a postgraduate physician training program, and a
participant in a program of training in the health
professions.
``(3) The term `postgraduate physician training program'
includes a residency training program.''.
SEC. 516. SURVEY AND CERTIFICATION OF MEDICARE PROVIDERS.
(a) Intervals Between Standard Surveys for Home Health
Agencies.--Section 1891(c)(2)(A) of the Social Security Act
(42 U.S.C. 1395bbb(c)(2)(A)) is amended--
(1) by striking ``15 months'' and inserting ``36 months'',
and
(2) by amending the second sentence to read as follows:
``The Secretary shall establish a frequency for surveys of
home health agencies within this 36-month interval
commensurate with the need to assure the delivery of quality
home health services.''.
(b) Recognition of Accreditation.--Section 1865 of such Act
(42 U.S.C. 1395bb) is amended--
(1) by redesignating subsection (b) as subsection (d),
(2) by redesignating the fourth sentence of subsection (a)
as subsection (c), and
(3) by striking the third sentence of subsection (a) and
inserting after and below the second sentence the following
new subsection:
``(b)(1) In addition, if the Secretary finds that
accreditation of a provider entity (as defined in paragraph
(4)) by the American Osteopathic Association or any other
national accreditation body demonstrates that all of the
applicable conditions or requirements of this title (other
than the requirements of section 1834(j) or the conditions
and requirements under section 1881(b)) are met or exceeded--
``(A) in the case of a provider entity not described in
paragraph (3)(B), the Secretary shall treat such entity as
meeting those conditions or requirements with respect to
which the Secretary made such finding; or
``(B) in the case of a provider entity described in
paragraph (3)(B), the Secretary may treat such entity as
meeting those conditions or requirements with respect to
which the Secretary made such finding.
``(2) In making such a finding, the Secretary shall
consider, among other factors with respect to a national
accreditation body, its requirements for accreditation, its
survey procedures, its ability to provide adequate resources
for conducting required surveys and supplying information for
use in enforcement activities, its monitoring procedures for
provider entities found out of compliance with the conditions
or requirements, and its ability to provide the Secretary
with necessary data for validation.
``(3)(A) Except as provided in subparagraph (B), not later
than 60 days after the date of receipt of a written request
for a finding under paragraph (1) (with any documentation
necessary to make a determination on the request), the
Secretary shall publish a notice identifying the national
accreditation body making the request, describing the nature
of the request, and providing a period of at least 30 days
for the public to comment on the request. The Secretary shall
approve or deny a request for such a finding, and shall
publish notice of such approval or denial, not later than 210
days after the date of receipt of the request (with such
documentation). Such an approval shall be effective with
respect to accreditation determinations made on or after such
effective date (which may not be later than the date of
publication of the approval) as the Secretary specifies in
the publication notice.
``(B) The 210-day and 60-day deadlines specified in
subparagraph (A) shall not apply in the case of any request
for a finding with respect to accreditation of a provider
entity to which the conditions and requirements of section
1819 and 1861(j) apply.
``(4) For purposes of this section, the term `provider
entity' means a provider of services, supplier, facility,
clinic, agency, or laboratory.''.
(c) Authority for Validation Surveys.--
(1) In general.--The first sentence of section 1864(c) of
such Act (42 U.S.C. 1395aa(c)) is amended by striking
``hospitals'' and all that follows and inserting ``provider
entities that, pursuant to subsection (a) or (b)(1) of
section 1865, are treated as meeting the conditions or
requirements of this title.''.
(2) Conforming amendments.--Section 1865 of such Act, as
amended by subsection (b), is further amended--
(A) in subsection (d), as redesignated by subsection
(b)(1)--
(i) by striking ``a hospital'' and inserting ``a provider
entity'',
(ii) by striking ``the hospital'' each place it appears and
inserting ``the entity'', and
(iii) by striking ``the requirements of the numbered
paragraphs of section 1861(e)'' and inserting ``the
conditions or requirements the entity has been treated as
meeting pursuant to subsection (a) or (b)(1)''; and
(B) by adding at the end the following new subsection:
``(e) For provisions relating to validation surveys of
entities that are treated as meeting applicable conditions or
requirements of this title pursuant to subsection (a) or
(b)(1), see section 1864(c).''.
(d) Study and Report on Deeming for Nursing Facilities and
Renal Dialysis Facilities.--
(1) Study.--The Secretary of Health and Human Services
shall provide for--
(A) a study concerning the effectiveness and
appropriateness of the current mechanisms for surveying and
certifying skilled nursing facilities for compliance with the
conditions and requirements of sections 1819 and 1861(j) of
the Social Security Act and nursing facilities for compliance
with the conditions of section 1919 of such Act, and
(B) a study concerning the effectiveness and
appropriateness of the current mechanisms for surveying and
certifying renal dialysis facilities for compliance with the
conditions and requirements of section 1881(b) of the Social
Security Act.
(2) Report.--Not later than July 1, 1997, the Secretary
shall transmit to Congress a report on each of the studies
provided for under paragraph (1). The report on the study
under paragraph (1)(A) shall include (and the report on the
study under paragraph (1)(B) may include) a specific
framework, where appropriate, for implementing a process
under which facilities covered under the respective study may
be deemed to meet applicable medicare conditions and
requirements if they are accredited by a national
accreditation body.
Sec. 517. The Secretary of Health and Human Services shall
grant a waiver of the
[[Page 946]]
requirements set forth in section 1903(m)(2)(A)(ii) of the
Social Security Act to D.C. Chartered Health Plan, Inc. of
the District of Columbia: Provided, That such waiver shall be
deemed to have been in place for all contract periods from
October 1, 1991 through the current contract period or
October 1, 1999, whichever shall be later.
Sec. 518. Section 119 of Public Law 104-99 is hereby
repealed.
optional, alternative medicaid payment method
Sec. 519. (a) Election.--A heavily impacted high-DSII State
(as defined in subsection (d)) may elect to receive payments
for expenditures under title XIX of the Social Security Act
for the period beginning October 1, 1995, and ending June 30,
1996 (in this section referred to as the ``9-month period''),
for State fiscal year 1996-1997, and (subject to subsection
(c)(4) for State fiscal year 1997-1998 in accordance with the
alternative payment method specified in subsection (b) rather
than in accordance with section 1903(a) of such Act.
(b) Alternative Payment Method.--
(1) In general.--Under the alternative payment method
specified in this subsection--
(A) any percentage otherwise specified in section 1903(a)
of the Social Security Act for expenditures in the 9-month
period or a State fiscal year for which the election is in
effect shall be equal to 100 percent minus the non-Federal
participation percentage (specified under paragraph (2)) for
the State for that period or State fiscal year, and
(B) the total payment for the 9-month period or a State
fiscal year in which the election is in effect may not exceed
the maximum Federal financial participation specified in
paragraph (5) for the period or year.
In applying subparagraph (B), there shall not be counted as
payments for any period or fiscal year any payment that is
attributable to an expenditure which is exempt under
subsection (c)(1). In applying such subparagraph to the 9-
month period, there shall be counted payments (other than
those described in the previous sentence) that are
attributable to an expenditure for periods occurring in the
9-month period and before the date of the enactment of this
Act.
(2) Non-federal participation percentage.--For purposes of
paragraph (1), the ``non-Federal participation percentage''
for a State for the 9-month period or State fiscal year is
equal to the ratio of--
(A) the State's base State expenditures (as defined in
paragraph (3)) plus the applicable percentage (as defined in
paragraph (4)) of the difference between the amount of such
expenditures and the amount of the State expenditures that
would be required for the State to qualify for the maximum
Federal financial participation specified in paragraph (5A)
under title XIX of the Social Security Act if this section
did not apply for such period or State fiscal year; to
(B) the total expenditures under the State plan of the
State under such title for such period or State fiscal year.
Such ratio shall be calculated as if total expenditures under
the State plan were no greater than necessary for the State
to receive the maximum Federal financial participation
specified in paragraph (5).
(3) Base state expenditures.--For purposes of this
subsection, the term ``base State expenditures'' means--
(A) for the 9-month period, $266,250,000, or
(B) for State fiscal year 1996-1997, $355,000,000, or
(C) for State fiscal year 1997-1998, $355,000,000.
(4) Applicable percentage.--For purposes of this
subsection, the ``applicable percentage''--
(A) for the 9-month period is 20 percent,
(B) for State fiscal year 1996-1997 is 35 percent, and
(C) for State fiscal year 1997-1998 is 55 percent.
(5) Maximum federal participation.--For purposes of this
section, the maximum Federal financial participation
specified in this paragraph for a State--
(A) for the 9-month period, $1,966,500,000.
(B) for State fiscal year 1996-1997 is $2,622,000,000, and
(C) for State fiscal year 1997-1998 is $2,622,000,000.
(c) Additional Rules.--
(1) Limiting application to expenditures for periods in
which election in effect.-- This section (and the maximum
Federal financial participation specified in subsection
(b)(5)) shall not apply to any expenditure that is applicable
to a reporting period that is not covered under an election
under subsection (a), including any expenditure applicable to
any reporting period before October 1, 1995.
() Election process.--An election of a State under
subsection (a) shall be made, by notice from the Governor of
the State to the Secretary of Health and Human Services, not
later than 30 days after the date of the enactment of this
Act.
(3) Limitation.--For any period (on or after the date of an
election under this section) in which an election is in
effect for a State under this section--
(A) the Federal Government has no obligation to provide
payment with respect to items and services provided under
title XIX of the Social Security Act in excess of the maximum
Federal financial participation specified in subsection
(b)(5) and such title shall not be construed as providing for
an entitlement, under Federal law in relation to the Federal
Government, in an individual or person (including any
provider) at the time of provision or receipt of services;
and
(B) the State shall provide an entitlement to any person to
receive any service or other benefit to the extent that such
person would, but for this paragraph, be entitled to such
service or other benefit under such title.
(4) Condition for state fiscal year 1997-1998.--This
section shall not apply to State fiscal year 1997-1998 except
to the extent provided for in a subsequent appropriation act.
(d) Definition.--For purposes of this section, the term
``heavily impacted high-DSH State'' means the State of
Louisiana.
(e) State Fiscal Years Defined.--For purposes of this
section--
(1) the term ``State fiscal year 1996-1997'' means the
period beginning July 1, 1996, and ending June 30, 1997, and
(2) the term ``State fiscal year 1997-1998'' means the
period beginning July 1, 1997, and ending June 30, 1998.
Sec. 520. (a) Congress finds that--
(1) the practice of female genital mutilation is carried
out by members of certain cultural and religious groups
within the United States; and
(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health
effects that harm the women involved.
(d) The Secretary of Health and Human Services shall do the
following:
(i) Compile data on the number of females living in the
United States who who have been subjected to female genital
mutilation (whether in the United States or in their
countries of origin), including a specification of the number
of girls under the age of 18 who have been subjected to such
mutilation.
(2) Identify communities in the United States that practice
female genital mutilation, and design and carry out outreach
activities to educate individuals in the communities on the
physical and psychological health effects of such practice.
Such outreach activities shall be designed and implemented in
collaboration with representatives of the ethnic groups
practicing such mutilation and with representatives of
organizations with expertise in preventing such practice.
(3) Develop recommendations for the education of students
of schools of medicine and osteopathic medicine regarding
female genital mutilation and complications arising from such
mutilation. Such recommendations shall be disseminated to
such schools.
(c) For purposes of this section the term ``female genital
mutilation'' means the removal or infibulation (or both) of
the whole or part of the clitoris, the labia minor, or the
labia major.
(d) The Secretary of Health and Human Services shall
commence carrying out this section not later than 90 days
after the date of enactment of this Act.
TITLE VI--ADDITIONAL APPROPRIATIONS
Sec. 601. In addition to amounts otherwise provided in this
Act, the following amounts are hereby appropriated as
specified for the following appropriation accounts: Health
Care Financing Administration, ``Program Management'',
$396,000,000; and Office of the Secretary, ``Office of
Inspector General'', $22,330,000, together with not to exceed
$20,670,000 to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
Sec. 602. Appropriations and funds made available pursuant
to section 601 of this Act shall be available until enactment
into law of a subsequent appropriation for fiscal year 1996
for any project or activity provided for in section 601.
TITLE VII--AMENDMENTS TO THE GOALS 2000: EDUCATE AMERICA ACT
SEC. 701. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND
IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-LEARN
STANDARDS.
The Goals 2000: Educate America Act (20 U.S.C. 5801 et
seq.) is amended--
(1) by repealing part B of title II (20 U.S.C. 5841 et
seq.)
(2) by redesignating parts C and D of title II (20 U.S.C.
5861 et seq. and 5871 et seq.) as parts B and C,
respectively, of title II; and
(3) in section 241 (20 U.S.C. 5871)--
(A) in subsection (a), by striking ``(a) National Education
Goals Panel.--''; and
(B) by striking subsections (b) through (d).
SEC. 702. STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT.
(A) Panel Composition; Opportunity-To-Learn Standards; and
Submission of Plan to the Secretary for Approval.--
(1) State improvement plan.--Section 306 of the Goals 2000:
Educate America Act (20 U.S.C. 5886) is amended--
(A) by amending subsection (b) to read as follows:
``(b) Plan Development.--A State improvement plan under
this title shall be developed by a broad-based State panel in
cooperation with the State educational agency and the
Governor.'';
(B) by striking subsection (d).
(b) Local Panel Composition.--Section 309(a)(3)(A) of such
Act (20 U.S.C. 5889(a)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``that--'' and inserting a semicolon; and
(2) by striking clauses (i) and (ii).
SEC. 703. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Goals 2000: Educate America Act.--
(1) The table of contents for the Goals 2000: Educate
America Act is amended, in the items relating to title II--
[[Page 947]]
(A) by striking the items relating to part B;
(B) by striking ``Part C'' and inserting ``Part B''; and
(C) by striking ``Part D'' and inserting ``Part C''.
(2) Section 2 of such Act (20 U.S.C. 5801) is amended--
(A) in paragraph (4)--
(i) in subparagraph (B), by inserting ``and'' after the
semicolon;
(ii) by striking subparagraph (C); and
(iii) by redesignating subparagraph (D) as subparagraph
(C); and
(B) in paragraph (6)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraphs (D) through (F) as
subparagraphs (C) through (E), respectively.
(3) Section 3(a) of such Act (20 U.S.C. 5802) is amended--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) through (14) as
paragraphs (7) through (13), respectively.
(4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is
amended by striking``, voluntary national student
performance'' and all that follows through ``such Council''
and inserting ``and voluntary national student performance
standards''.
(5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is
amended by striking``, student performance, or opportunity-
to-learn'' and inserting ``or student performance''.
(6) Section 203 of such Act (20 U.S.C. 5823) is amended--
(A) in subsection (a)--
(i) by striking paragraphs (2) and (3);
(ii) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively; and
(iii) by amending paragraph (2) (as redesignated by clause
(ii)) to read as follows:
``(2) review voluntary national content standards and
voluntary national student performance standards;''; and
(B) in subsection (b)(1)--
(i) in subparagraph (A), by inserting ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (C).
(7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2)) is
amended--
(A) by striking ``voluntary national opportunity-to-learn
standards,''; and
(B) by striking ``described in section 213(f)''.
(8) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is
amended--
(A) in subparagraph (A), by adding ``and'' after the
semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is
amended by striking ``State opportunity-to-learn standards or
strategies,''.
(10) Section 308 of such Act (20 U.S.C. 5888) is amended--
(A) in subsection (b)(2)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``State opportunity-to-learn standards,''; and
(ii) in subparagraph (A), by striking ``including--'' and
all that follows through ``part B of title II;'' and
inserting ``including through consortia of States;''; and
(B) in subsection (c), by striking ``306(b)(1)'' and
inserting ``306(b)''.
(11) For the purpose of expanding the use and availability
of computers and computer technology, Section
309(a)(6)(A)(ii) of such Act (20 U.S.C. 5889(a)(6)(A)(ii) is
amended by inserting after ``new public schools'' the
following: ``and the acquisition of technology and use of
technology-enhanced curricula and instruction''.
(12) Section 312(b) of such Act (20 U.S.C. 5892(b)) is
amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively
(13) Section 314(a)(6)(A) of such Act (20 U.S.C.
5894(a)(6)(A)) is amended by striking ``certified by the
National Education Standards and Improvement Council and'' .
(14) Section 315 of such Act (20 U.S.C. 5895) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(C), by striking ``, including the
requirements for timetables for opportunity-to-learn
standards,'';
(ii) by striking paragraph (2);
(iii) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(iv) in paragraph (1)(A), by striking ``paragraph (4) of
this subsection'' and inserting ``paragraph (3)'';
(v) in paragraph (2) (as redesignated by clause (iii))--
(I) by striking subparagraph (A);
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(III) in subparagraph (A) (as redesignated by subclause
(II)) by striking ``, voluntary natural student performance
standards, and voluntary natural opportunity-to-learn
standards developed under part B of title II of this Act''
and inserting ``and voluntary national student performance
standards'';
(vi) in subparagraph (B) of paragraph (3) (as redesignated
by clause (iii)), by striking ``paragraph (5),'' and
inserting ``paragraph (4),''; and
(vii) in paragraph (4) (as redesignated by clause (ii)), by
striking ``paragraph (4)'' each place it appears and
inserting ``paragraph (3)'';
(B) in the matter preceding subparagraph (A) of subsection
(c)(2)--
(i) by striking ``subsection (b)(4)'' and inserting
``subsection (b)(3)''; and
(ii) by striking ``and to provide a framework for the
implementation of opportunity-to-learn standards or
strategies''; and
(C) in subsection (f), by striking ``subsection (b)(4)''
each place it appears and inserting ``subsection (b)(3)''.
(15)(A) Section 316 of such Act (20 U.S.C. 5896) is
repealed.
(B) The table of contents for such Act is amended by
striking the item relating to section 316.
(16) Section 317 of such Act (20 U.S.C. 5897) is amended--
(A) in subsection (d)(4), by striking ``promote the
standards and strategies described in section 306(d),''; and
(B) in subsection (e)--
(i) in paragraph (2), by inserting ``and'' after the
semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as paragraph (3).
(17) Section 503 of such Act (20 U.S.C. 5933) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``28'' and inserting ``27'';
(II) by striking subparagraph (D); and
(III) by redesignating subparagraphs (E) through (G) as
subparagraphs (D) through (F), respectively;
(ii) in paragraphs (2), (3), and (5), by striking
``subparagraphs (E), (F), and (G)'' each place it appears and
inserting ``subparagraphs (D), (E), and (F)'';
(iii) in paragraph (2), by striking ``subparagraph (G)''
and inserting ``subparagraph (F)'';
(iv) in paragraph (4), by striking ``(C), and (D)'' and
inserting ``and (C)''; and
(v) in the matter preceding subparagraph (A) of paragraph
(5), by striking ``subparagraph (E), (F), or (G)'' and
inserting ``subparagraph (D), (E), or (F)''; and
(B) in subsection (e)--
(i) in paragraph (1)(B), by striking ``subparagraph (E)''
and inserting ``subparagraph (D)''; and
(ii) in paragraph (2), by striking ``subparagraphs (E),
(F), and (G)'' and inserting ``subparagraphs (D), (E), and
(F)''
(18) Section 504 of such Act (20 U.S.C. 5934) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection (f).
(b) Elementary and Secondary Education Act of 1965.--
(1) Section 1111 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311) is amended--
(A) in subsection (b)(8)(B), by striking ``(which may
include opportunity-to-learn standards or strategies
developed under the Goals 2000: Educate America Act)'';
(B) in subsection (f), by striking ``opportunity-to-learn
standards or strategies,'';
(C) by striking subsection (g); and
(D) by redesignating subsection (h) as subsection (g).
(2) Section 1116 of such Act (20 U.S.C. 6317) is amended--
(A) in subsection (c)--
(i) in paragraph (2)(A)(i), by striking all beginning with
``, which may'' through ``Act''; and
(ii) in paragraph (5)(B)(i)--
(I) in subclause (VI), by inserting ``and'' after the
semicolon;
(II) in subclause (VII), by striking ``; and'' and
inserting a period; and
(III) by striking subclause (VIII); and
(B) in subsection (d)--
(i) in paragraph (4)(B), by striking all beginning with ``,
and may'' through ``Act''; and
(ii) in paragraph (6)(B)(i)--
(I) by striking subclause (IV); and
(II) by redesignating subclauses (V) through (VIII) as
subclauses (IV) through (VII), respectively.
(3) Section 1501(a)(2)(B) of such Act (20 U.S.C.
6491(a)(2)(B)) is amended--
(A) by striking clause (v); and
(B) by redesignating clauses (vi) through (x) as clauses
(v) through (ix), respectively.
(4) Section 10101(b)(1)(A)(i)) of such Act (20 U.S.C.
8001(b)(1)(A)(i)) is amended by striking ``and opportunity-
to-learn standards or strategies for student learning''.
(5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C.
8941(b)(1)(B)(v)) is amended by striking ``the National
Education Goals Panel,'' and all that follows through
``assessments)'' and inserting ``and the National Education
Goals Panel''.
(c) General Education Provisions Act.--Section 428 of the
General Education Provisions Act (20 U.S.C. 1228b), as
amended by section 237 of the Improving America's Schools Act
of 1994 (Public Law 103-382), is amended by striking ``the
National Education Standards and Improvement Council,''.
(d) Education Amendments of 1978.--Section 1121(b) of the
Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended
by section 381 of the Improving America's Schools Act of 1994
(Public Law 103-382), is amended by striking ``213(a)'' and
inserting ``203(a)(2)''.
SEC. 704. DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 304 of the Goals 2000: Educate America Act (20
U.S.C. 5884) is amended by adding at the end the following
new subsection:
This Act may be cited as the ``Departments of Labor, Health
and Human Services,
[[Page 948]]
and Education, and Related Agencies Appropriations Act,
1996''.
``(e) Direct Grants to Local Educational Agencies.--
``(1) In general.--Notwithstanding subsection (c), if a
State educational agency was not participating in the program
under this section as of October 20, 1995, and the State
educational agency approves, the Secretary shall use all or a
portion of the allotment that the State would have received
under this section for a fiscal year to award grants to local
educational agencies in the State that have approved
applications under paragraph (2) for such fiscal year.
``(2) Application.--Any local educational agency that
desires to receive a grant under this subsection shall submit
an application to the Secretary that is consistent with the
provisions of this Act and shall notify the State educational
agency of such application in accordance with paragraph (1).
The Secretary may establish a deadline for the submission of
such applications.
``(3) Award basis.--The Secretary may use the student
enrollment of a total educational agency or other factors as
a basis for awarding grants under this subsection.''.
SEC. 705. ALTERNATIVE TO SECRETARIAL APPROVAL OF STATE PLANS.
(a) State Improvement Plans.--Section 306(n) of the Goals
2000: Educate America Act (20 U.S.C. 5886(n)) is amended by
adding at the end the following new paragraph:
``(4) Alternative submission.--
``(A) In general.--Notwithstanding any other provision of
this title, any State educational agency that wishes to
receive an allotment under this title after the first year
such State educational agency receives such an allotment may,
in lieu of submitting its State improvement plan for approval
by the Secretary under this subsection and section 305(c)(2),
or submitting major amendments to the Secretary under
subsection (p), provide the Secretary, as part of an
application under section 305(c) or as an amendment to a
previously approved application--
``(i) an assurance, from the Governor and the chief State
school officer of the State, that--
``(I) the State has a plan that meets the requirements of
this section and that is widely available throughout the
State; and
``(II) any amendments the State makes to the plan will meet
the requirements of this section; and
``(ii) the State's benchmarks of improved student
performance and of progress in implementing the plan, and the
timelines against which the State's progress in carrying out
the plan can be measured.
``(B) Annual report.--Any State educational agency that
chooses to use the alternative method described in paragraph
(1) shall annually report to the public summary information
on the use of funds under this title by the State and local
educational agencies in the State, as well as the State's
progress toward meeting the benchmarks and timelines
described in subparagraph (A)(ii).''.
(b) State Applications.--Section 305(c)(2) of such Act (20
U.S.C. 5885(c)(2)) is amended by inserting ``except in the
case of a State educational agency submitting the information
described in section 306(n)(4),'' before ``include''.
(c) Secretary's Review of Applications.--Section 307(b)(1)
of such Act (20 U.S.C. 5887(b)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking ``and'' after the
semicolon and inserting ``or''; and
(3) by adding at the end the following new subparagraph:
``(C) the State educational agency has submitted the
information described in section 306(n)(4); and''.
(d) Progress Reports.--The matter preceding paragraph (1)
of section 312(a) of such Act (20 U.S.C. 5892(a)) is amended
by striking ``Each'' and inserting ``Except in the case of a
State educational agency submitting the information described
in section 306(n)(4), each''.
SEC. 706. LIMITATIONS.
Title III of the Goals 2000: Educate America Act (20 U.S.C.
5881 et seq.) is further amended by adding at the end the
following new section:
SEC. 320. LIMITATIONS.
``(a) Prohibited Conditions.--Nothing in this Act shall be
construed to require a State, a local educational agency, or
a school, as a condition of receiving assistance under this
title--
``(1) to provide outcomes-based education; or
``(2) to provide school-based health clinics or any other
health or social service.
``(b) Limitation on Government Officials.--Nothing in this
Act shall be construed to require or permit any Federal or
State official to inspect a home, judge how parents raise
their children, or remove children from their parents, as a
result of the participation of a State, local educational
agency, or school in any program or activity carried out
under this Act.''.
(e) For programs, projects or activities in the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996, provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
AN ACT Making appropriations for the Departments of Veterans Affairs
and Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1996, and for other purposes
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans as authorized by law (38 U.S.C. 107, chapters 11,
13, 51, 53, 55, and 61); pension benefits to or on behalf of
veterans as authorized by law (38 U.S.C. chapters 15, 51, 53,
55, and 61; 92 Stat. 2508); and burial benefits, emergency
and other officers' retirement pay, adjusted-service credits
and certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of Article
IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as
amended, and for other benefits as authorized by law (38
U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55,
and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat.
735; 76 Stat. 1198); $18,331,561,000, to remain available
until expended: Provided, That not to exceed $25,180,000 of
the amount appropriated shall be reimbursed to ``General
operating expenses'' and ``Medical care'' for necessary
expenses in implementing those provisions authorized in the
Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53,
and 55), the funding source for which is specifically
provided as the ``Compensation and pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding
of individual medical facilities for nursing home care
provided to pensioners as authorized by the Veterans'
Benefits Act of 1992 (38 U.S.C. chapter 55): Provided
further, That $12,000,000 previously transferred from
``Compensation and pensions'' to ``Medical facilities
revolving fund'' shall be transferred to this heading.
Readjustment Benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$1,345,300,000, to remain available until expended: Provided,
That funds shall be available to pay any court order, court
award or any compromise settlement arising from litigation
involving the vocational training program authorized by
section 18 of Public Law 98-77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72
Stat. 487), $24,890,000, to remain available until expended.
Guaranty and Indemnity Program Account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the purpose of the program, as
authorized by 38 U.S.C. chapter 37, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $65,226,000, which may
be transferred to and merged with the appropriation for
``General operating expenses''.
Loan Guaranty Program Account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the purpose of the program, as
authorized by 38 U.S.C. chapter 37, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $52,138,000, which may
be transferred to and merged with the appropriation for
``General operating expenses''.
Direct Loan Program Account
(including transfer of funds)
For the cost of direct loans, such sums as may be necessary
to carry out the purpose of the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That during 1996, within
the resources available, not to exceed $300,000 in gross
obligations for direct loans are authorized for specially
adapted housing loans (38 U.S.C. chapter 37).
In addition, for administrative expenses to carry out the
direct loan program, $459,000, which may be transferred to
and merged with the appropriation for ``General operating
expenses''.
Education Loan Fund Program Account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38
U.S.C. 3698, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of
direct loans not to exceed $4,000.
In addition, for administrative expenses necessary to carry
out the direct loan pro
[[Page 949]]
gram, $195,000, which may be transferred to and merged with
the appropriation for ``General operating expenses''.
Vocational Rehabilitation Loans Program Account
(including transfer of funds)
For the cost of direct loans, $54,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $1,964,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $377,000, which may be
transferred to and merged with the appropriation for
``General operating expenses''.
Native American Veteran Housing Loan Program Account
(including transfer of funds)
For administrative expenses to carry out the direct loan
program authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $205,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
Veterans Health Administration
medical care
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for
furnishing, as authorized by law, inpatient and outpatient
care and treatment to beneficiaries of the Department of
Veterans Affairs, including care and treatment in facilities
not under the jurisdiction of the Department of Veterans
Affairs, and furnishing recreational facilities, supplies,
and equipment; funeral, burial, and other expenses incidental
thereto for beneficiaries receiving care in Department of
Veterans Affairs facilities; administrative expenses in
support of planning, design, project management, real
property acquisition and disposition, construction and
renovation of any facility under the jurisdiction or for the
use of the Department of Veterans Affairs; oversight,
engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department of Veterans Affairs, not
otherwise provided for, either by contract or by the hire of
temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-
5902); aid to State homes as authorized by law (38 U.S.C.
1741); and not to exceed $8,000,000 to fund cost comparison
studies as referred to in 38 U.S.C. 8110(a)(5);
$16,564,000,000, plus reimbursements: Provided, That of the
funds made available under this heading, $789,000,000 is for
the equipment and land and structures object classifications
only, which amount shall not become available for obligation
until August 1, 1996, and shall remain available for
obligation until September 30, 1997.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by law
(38 U.S.C. chapter 73), to remain available until September
30, 1997, $257,000,000, plus reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of planning, design,
project management, architectural, engineering, real property
acquisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the
Department of Veterans Affairs, including site acquisition;
engineering and architectural activities not charged to
project cost; and research and development in building
construction technology; $63,602,000, plus reimbursements.
Transitional Housing Loan Program
(including transfer of funds)
For the cost of direct loans, $7,000, as authorized by
Public Law 102-54, section 8, which shall be transferred from
the ``General post fund'': Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $70,000. In addition,
for administrative expenses to carry out the direct loan
program, $54,000, which shall be transferred from the
``General post fund'', as authorized by Public Law 102-54,
section 8.
Departmental Administration
General Operating Expenses
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
uniforms or allowances therefor, as authorized by law; not to
exceed $25,000 for official reception and representation
expenses; hire of passenger motor vehicles; and reimbursement
of the General Services Administration for security guard
services, and the Department of Defense for the cost of
overseas employee mail; $848,143,000: Provided, That of the
amount appropriated and any other funds made available from
any other source for activities funded under this heading,
except reimbursements, not to exceed $214,109,000 shall be
available for General Administration; including not to exceed
(1) $3,206,000 for personnel compensation and benefits and
$50,000 for travel in the Office of the Secretary, (2)
$75,000 for travel in the Office of the Assistant Secretary
for Policy and Planning, (3) $33,000 for travel in the Office
of the Assistant Secretary for Congressional Affairs, and (4)
$100,000 for travel in the Office of Assistant Secretary for
Public and Intergovernmental Affairs: Provided further, That
during fiscal year 1996, notwithstanding any other provision
of law, the number of individuals employed by the Department
of Veterans Affairs (1) in other than ``career appointee''
positions in the Senior Executive Service shall not exceed 6,
and (2) in schedule C positions shall not exceed 11: Provided
further, That not to exceed $6,000,000 of the amount
appropriated shall be available for administrative expenses
to carry out the direct and guaranteed loan programs under
the Loan Guaranty Program Account: Provided further, That
funds under this heading shall be available to administer the
Service Members Occupational Conversion and Training Act:
Provided further, That none of the funds under this heading
may be obligated or expended for the acquisition of automated
data processing equipment and services for Department of
Veterans Affairs regional offices to support Stage III of the
automated data equipment modernization program of the
Veterans Benefits Administration.
National Cemetery System
For necessary expenses for the maintenance and operation of
the National Cemetery System not otherwise provided for,
including uniforms or allowances therefor, as authorized by
law; cemeterial expenses as authorized by law; purchase of
three passenger motor vehicles, for use in cemeterial
operations; and hire of passenger motor vehicles,
$72,604,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $30,900,000.
Construction, Major Projects
(including transfer of funds)
For constructing, altering, extending and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, and 8122 of title 38, United States Code,
including planning, architectural and engineering services,
maintenance or guarantee period services costs associated
with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition,
where the estimated cost of a project is $3,000,000 or more
or where funds for a project were made available in a
previous major project appropriation, $136,155,000, to remain
available until expended: Provided, That except for advance
planning of projects funded through the advance planning fund
and the design of projects funded through the design fund,
none of these funds shall be used for any project which has
not been considered and approved by the Congress in the
budgetary process: Provided further, That funds provided in
this appropriation for fiscal year 1996, for each approved
project shall be obligated (1) by the awarding of a
construction documents contract by September 30, 1996, and
(2) by the awarding of a construction contract by September
30, 1997: Provided further, That the Secretary shall promptly
report in writing to the Comptroller General and to the
Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time
limitations established above; and the Comptroller General
shall review the report in accordance with the procedures
established by section 1015 of the Impoundment Control Act of
1974 (title X of Public Law 93-344): Provided further, That
no funds from any other account except the ``Parking
revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was
approved in the budget process and funded in this account
until one year after substantial completion and beneficial
occupancy by the Department of Veterans Affairs of the
project or any part thereof with respect to that part only:
Provided further, That of the funds made available under this
heading in Public Law 103-327, $7,000,000 shall be
transferred to the ``Parking revolving fund''.
Construction, Minor Projects
For constructing, altering, extending, and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning,
architectural and engineering services, maintenance or
guarantee period services costs associated with equipment
guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, and 8122 of title 38, United States
Code, where the estimated cost of a project is less than
$3,000,000, $190,000,000, to remain available until expended,
along with unobligated balances of previous ``Construction,
minor projects'' appropriations which are hereby made
available for any project where the estimated cost is less
than $3,000,000: Provided, That funds in this account shall
be available for (1) repairs to any of the non
[[Page 950]]
medical facilities under the jurisdiction or for the use of
the Department of Veterans Affairs which are necessary
because of loss or damage caused by any natural disaster or
catastrophe, and (2) temporary measures necessary to prevent
or to minimize further loss by such causes.
Parking Revolving Fund
For the parking revolving fund as authorized by law (38
U.S.C. 8109), income from fees collected, to remain available
until expended. Resources of this fund shall be available for
all expenses authorized by 38 U.S.C. 8109 except operations
and maintenance costs which will be funded from ``Medical
care''.
grants for construction of state extended care facilities
For grants to assist the several States to acquire or
construct State nursing home and domiciliary facilities and
to remodel, modify or alter existing hospital, nursing home
and domiciliary facilities in State homes, for furnishing
care to veterans as authorized by law (38 U.S.C. 8131-8137),
$47,397,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or
improving State veteran cemeteries as authorized by law (38
U.S.C. 2408), $1,000,000, to remain available until September
30, 1998.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for 1996 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans
insurance and indemnities'' may be transferred to any other
of the mentioned appropriations.
Sec. 102. Appropriations available to the Department of
Veterans Affairs for 1996 for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 103. No part of the appropriations in this Act for the
Department of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor
projects'', and the ``Parking revolving fund'') shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
Sec. 104. No part of the foregoing appropriations shall be
available for hospitalization or examination of any persons
except beneficiaries entitled under the laws bestowing such
benefits to veterans, unless reimbursement of cost is made to
the appropriation at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 1996 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans
insurance and indemnities'' shall be available for payment of
prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last
quarter of fiscal year 1995.
Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 1996 shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from title X of
the Competitive Equality Banking Act, Public Law 100-86,
except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs is authorized to transfer,
without compensation or reimbursement, the jurisdiction and
control of a parcel of land consisting of approximately 6.3
acres, located on the south edge of the Department of
Veterans Affairs Medical and Regional Office Center, Wichita,
Kansas, including buildings Nos. 8 and 30 and other
improvements thereon, to the Secretary of Transportation for
the purpose of expanding and modernizing United States
Highway 54: Provided, That if necessary, the exact acreage
and legal description of the real property transferred shall
be determined by a survey satisfactory to the Secretary of
Veterans Affairs and the Secretary of Transportation shall
bear the cost of such survey: Provided further, That the
Secretary of Transportation shall be responsible for all
costs associated with the transferred land and improvements
thereon, and compliance with all existing statutes and
regulations: Provided further, That the Secretary of Veterans
Affairs and the Secretary of Transportation may require such
additional terms and conditions as each Secretary considers
appropriate to effectuate this transfer of land.
Sec. 108. Construction Authorization.--Authorization of
major medical facility projects and major medical facility
leases for the Department of Veterans Affairs for fiscal year
1996.
(a) Authorization of Major Medical Facility Projects.--The
Secretary of Veterans Affairs may carry out the following
major medical facility projects, with each project to be
carried out in the amount authorized for that project:
(1) Construction of an outpatient clinic in Brevard County,
Florida, in the amount of $25,000,000.
(2) Construction of an outpatient clinic at Travis Air
Force Base in Fairfield, California, in the amount of
$25,000,000.
(3) Construction of an ambulatory care addition at the
Department of Veterans Affairs medical center in Boston,
Massachusetts in the amount of $28,000,000.
(4) Construction of a medical research addition at the
Department of Veterans Affairs medical center in Portland,
Oregon, an additional authorization in the amount of
$16,000,000, for a total amount of $32,100,000.
(b) Authorization of Major Medical Facility Leases.--The
Secretary of Veterans Affairs may enter into leases for
medical facilities as follows:
(1) Lease of a satellite outpatient clinic in Fort Myers,
Florida, in the amount of $1,736,000.
(2) Lease of a National Footwear Center in New York, New
York, in the amount of $1,054,000.
(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal year 1996--
(1) $94,000,000 for the major medical facility projects
authorized in subsection (a); and
(2) $2,790,000 for the major medical facility leases
authorized in subsection (b).
(d) Limitation.--The projects authorized in subsection (a)
may only be carried out using--
(1) funds appropriated for fiscal year 1996 and subsequent
fiscal year pursuant to the authorization of appropriations
in subsection (c).
(2) funds appropriated for Construction, Major Projects for
a fiscal year before fiscal year 1996 that remain available
for obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1996 for a category of activity not specific to a
project.
(e) Limitation Concerning Outpatient Clinic Projects.--In
the case of either of the projects for a new outpatient
clinic authorized in paragraphs (1) and (2) of subsection
(a)--
(1) the Secretary of Veterans Affairs may not obligate any
funds for that project until the Secretary determines, and
certifies to the Committees on Veterans' Affairs of the
Senate and House of Representatives, the amount required for
the project; and
(2) the amount obligated for the project may not exceed the
amount certified under paragraph (1) with respect to that
project.
Sec. 109. (a) Designation.--The Walla Walla Veterans
Medical Center located at 77 Wainwright Drive, Walla Walla,
Washington, shall be known and designated as the ``Jonathan
M. Wainwright Memorial VA Medical Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Walla Walla Veterans Medical Center referred to in subsection
(a) shall be deemed to be a reference to the ``Jonathan M.
Wainwright Memorial VA Medical Center''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
For assistance under the United States Housing Act of 1937,
as amended (``the Act'' herein) (42 U.S.C. 1437), not
otherwise provided for, $9,818,795,000, to remain available
until expended: Provided, That of the total amount provided
under this head, $160,000,000 shall be for the development or
acquisition cost of public housing for Indian families,
including amounts for housing under the mutual help
homeownership opportunity program under section 202 of the
Act (42 U.S.C. 1437bb): Provided further, That of the total
amount provided under this head, $2,500,000,000 shall be for
modernization of existing public housing projects pursuant to
section 14 of the Act (42 U.S.C. 1437l), including up to
$20,000,000 for the inspection of public housing units,
contract expertise, and training and technical assistance,
directly or indirectly, under grants, contracts, or
cooperative agreements, to assist in the oversight and
management of public and Indian housing (whether or not the
housing is being modernized with assistance under this
proviso) or tenant-based assistance, including, but not
limited to, an annual resident survey, data collection and
analysis, training and technical assistance by or to
officials and employees of the Department and of public
housing agencies and to residents in connection with the
public and Indian housing program, or for carrying out
activities under section 6(j) of the Act: Provided further,
That of the total amount provided under this head,
$400,000,000 shall be for rental subsidy contracts under the
section 8 existing housing certificate program and the
housing voucher program under section 8 of the Act, except
that such amounts shall be used only for units necessary to
provide housing assistance for residents to be relocated from
existing federally subsidized or assisted housing, for
replacement housing for units demolished or disposed of
(including units to be disposed of pursuant to a
homeownership program under section 5(h) or title III of the
United States Housing Act of 1937) from the public housing
inventory, for funds related to litigation settlements, for
the conversion of section 23 projects to assistance under
section 8, for public housing agencies to implement
allocation plans approved by the Secretary for designated
housing, for funds to carry out the family unification
program, and for the relocation of witnesses in connection
with efforts to combat crime in public and assisted housing
pursuant to a request from a law enforcement or prosecution
agency: Provided further, That of the total amount provided
under this head, $4,007,862,000 shall be for assistance under
the United States Housing Act of 1937 (42 U.S.C. 1437) for
use in connection with expiring or terminating section 8
subsidy contracts,
[[Page 951]]
such amounts shall be merged with all remaining obligated and
unobligated balances heretofore appropriated under the
heading ``Renewal of expiring section 8 subsidy contracts'':
Provided further, That notwithstanding any other provision of
law, assistance reserved under the two preceding provisos may
be used in connection with any provision of Federal law
enacted in this Act or after the enactment of this Act that
authorizes the use of rental assistance amounts in connection
with such terminated or expired contracts: Provided further,
That the Secretary may determine not to apply section
8(o)(6)(B) of the Act to housing vouchers during fiscal year
1996: Provided further, That of the total amount provided
under this head, $610,575,000 shall be for amendments to
section 8 contracts other than contracts for projects
developed under section 202 of the Housing Act of 1959, as
amended; and $192,000,000 shall be for section 8 assistance
and rehabilitation grants for property disposition: Provided
further, That 50 per centum of the amounts of budget
authority, or in lieu thereof 50 per centum of the cash
amounts associated with such budget authority, that are
recaptured from projects described in section 1012(a) of the
Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (Public Law 100-628, 102 Stat. 3224, 3268) shall be
rescinded, or in the case of cash, shall be remitted to the
Treasury, and such amounts of budget authority or cash
recaptured and not rescinded or remitted to the Treasury
shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved
by the Secretary of Housing and Urban Development for which
settlement occurred after January 1, 1992, in accordance with
such section: Provided further, That of the total amount
provided under this head, $171,000,000 shall be for housing
opportunities for persons with AIDS under title VIII,
subtitle D of the Cranston-Gonzalez National Affordable
Housing Act; and $65,000,000 shall be for the lead-based
paint hazard reduction program as authorized under sections
1011 and 1053 of the Residential Lead-Based Hazard Reduction
Act of 1992: Provided further, That the Secretary may make up
to $5,000,000 of any amount recaptured in this account
available for the development of performance and financial
systems.
Of the total amount provided under this head, $624,000,000,
plus amounts recaptured from interest reduction payment
contracts for section 236 projects whose owners prepay their
mortgages during fiscal year 1996 (which amounts shall be
transferred and merged with this account), shall be for use
in conjunction with properties that are eligible for
assistance under the Low Income Housing Preservation and
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency
Low-Income Housing Preservation Act of 1987 (ELIHPA):
Provided, That prior to August 15, 1996, funding to carry out
plans of action shall be limited to sales of projects to non-
profit organizations, tenant-sponsored organizations, and
other priority purchasers: Provided further, That of the
amount made available by this paragraph, up to $10,000,000
shall be available for preservation technical assistance
grants pursuant to section 253 of the Housing and Community
Development Act of 1987, as amended: Provided further, That
with respect to amounts made available by this paragraph,
after August 15, 1996, if the Secretary determines that the
demand for funding may exceed amounts available for such
funding, the Secretary (1) may determine priorities for
distributing available funds, including giving priority
funding to tenants displaced due to mortgage prepayment and
to projects that have not yet been funded but which have
approved plans of action; and (2) may impose a temporary
moratorium on applications by potential recipients of such
funding: Provided further, That an owner of eligible low-
income housing may prepay the mortgage or request voluntary
termination of a mortgage insurance contract, so long as said
owner agrees not to raise rents for sixty days after such
prepayment: Provided further, That an owner of eligible low-
income housing who has not timely filed a second notice under
section 216(d) prior to the effective date of this Act may
file such notice by April 15, 1996: Provided further, That
such developments have been determined to have preservation
equity at least equal to the lesser of $5,000 per unit or
$500,000 per project or the equivalent of eight times the
most recently published fair market rent for the area in
which the project is located as the appropriate unit size for
all of the units in the eligible project: Provided further,
That the Secretary may modify the regulatory agreement to
permit owners and priority purchasers to retain rental income
in excess of the basic rental charge in projects assisted
under section 236 of the National Housing Act, for the
purpose of preserving the low and moderate income character
of the housing: Provided further, That the Secretary may give
priority to funding and processing the following projects
provided that the funding is obligated not later than
September 15, 1996: (1) projects with approved plans of
action to retain the housing that file a modified plan of
action no later than August 15, 1996 to transfer the housing;
(2) projects with approved plans of action that are subject
to a repayment or settlement agreement that was executed
between the owner and the Secretary prior to September 1,
1995; (3) projects for which submissions were delayed as a
result of their location in areas that were designated as a
Federal disaster area in a Presidential Disaster Declaration;
and (4) projects whose processing was, in fact, or in
practical effect, suspended, deferred, or interrupted for a
period of nine months or more because of differing
interpretations, by the Secretary and an owner concerning the
time of the ability of an uninsured section 236 property to
prepay or by the Secretary and a State or local rent
regulatory agency, concerning the effect of a presumptively
applicable State or local rent control law or regulation on
the determination of preservation value under section 213 of
LIHPRHA, as amended, if the owner of such project filed
notice of intent to extend the low-income affordability
restrictions of the housing, or transfer to a qualified
purchaser who would extend such restrictions, on or before
November 1, 1993: Provided further, That eligible low-income
housing shall include properties meeting the requirements of
this paragraph with mortgages that are held by a State agency
as a result of a sale by the Secretary without insurance,
which immediately before the sale would have been eligible
low-income housing under LIHPRHA: Provided further, That
notwithstanding any other provision of law, subject to the
availability of appropriated funds, each unassisted low-
income family residing in the housing on the date of
prepayment or voluntary termination, and whose rent, as a
result of a rent increase occurring no later than one year
after the date of the prepayment, exceeds 30 percent of
adjusted income, shall be offered tenant-based assistance in
accordance with section 8 or any successor program, under
which the family shall pay no less for rent than it paid on
such date: Provided further, That any family receiving
tenant-based assistance under the preceding proviso may elect
(1) to remain in the unit of the housing and if the rent
exceeds the fair market rent or payment standard, as
applicable, the rent shall be deemed to be the applicable
standard, so long as the administering public housing agency
finds that the rent is reasonable in comparison with rents
charged for comparable unassisted housing units in the market
or (2) to move from the housing and the rent will be subject
to the fair market rent of the payment standard, as
applicable, under existing program rules and procedures:
Provided further, That rents and rent increases for tenants
of projects for which plans of action are funded under
section 220(d)(3)(B) of LIHPRHA shall be governed in
accordance with the requirements of the program under which
the first mortgage is insured or made (sections 236 or
221(d)(3) BMIR, as appropriate): Provided further, That the
immediately foregoing proviso shall apply hereafter to
projects for which plans of action are to be funded under
such section 220(d)(3)(B), and shall apply to any project
that has been funded under such section starting one year
after the date that such project was funded: Provided
further, That up to $10,000,000 of the amount made available
by this paragraph may be used at the discretion of the
Secretary to reimburse owners of eligible properties for
which plans of action were submitted prior to the effective
date of this Act, but were not executed for lack of available
funds, with such reimbursement available only for documented
costs directly applicable to the preparation of the plan of
action as determined by the Secretary, and shall be made
available on terms and conditions to be established by the
Secretary: Provided further, That, notwithstanding any other
provision of law, effective October 1, 1996, the Secretary
shall suspend further processing of preservation applications
which do not have approved plans of action.
Of the total amount provided under this head, $780,190,000
shall be for capital advances, including amendments to
capital advance contracts, for housing for the elderly, as
authorized by section 202 of the Housing Act of 1959, as
amended, and for project rental assistance, and amendments to
contracts for project rental assistance, for supportive
housing for the elderly under section 202(c)(2) of the
Housing Act of 1959; and $233,168,000 shall be for capital
advances, including amendments to capital advance contracts,
for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act; and for project rental assistance,
and amendments to contracts for project rental assistance,
for supportive housing for persons with disabilities as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act: Provided, That the Secretary may
designate up to 25 percent of the amounts earmarked under
this paragraph for section 811 of the Cranston-Gonzalez
National Affordable Housing Act for tenant-based assistance,
as authorized under that section, which assistance is five-
years in duration: Provided further, That the Secretary may
waive any provision of section 202 of the Housing Act of 1959
and section 811 of the National Affordable Housing Act
(including the provisions governing the terms and conditions
of project rental assistance) that the Secretary determines
is not necessary to achieve the objectives of these programs,
or that otherwise impedes the ability to develop, operate or
administer projects assisted under these programs, and may
make provision for alternative conditions or terms where
appropriate.
Of the total amount provided under this heading, and in
addition to funds otherwise earmarked in the previous
paragraph, for section 202 of the Housing Act of 1959 and
section 811 of the Cranston-Gonzalez National Affordable
Housing Act, $75,000,000: Provided, That $50,000,000 of such
sum shall be available for purposes authorized by section 202
of the Housing Act of 1959, and $25,000,000 shall be
available for purposes au
[[Page 952]]
thorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act: Provided further, That such
additional sums shall be available only to provide for rental
subsidy terms of a longer duration than would otherwise be
permitted by this Act.
public housing demolition, site revitalization, and replacement housing
grants
For grants to public housing agencies for the purposes of
enabling the demolition of obsolete public housing projects
or portions thereof, the revitalization (where appropriate)
of sites (including remaining public housing units) on which
such projects are located, replacement housing which will
avoid or lessen concentrations of very low-income families,
and tenant-based assistance in accordance with section 8 of
the United States Housing Act of 1937 for the purpose of
providing replacement housing and assisting tenants to be
displaced by the demolition, $480,000,000, to remain
available until expended: Provided, That the Secretary of
Housing and Urban Development shall award such funds to
public housing agencies based upon, among other relevant
criteria, the local and national impact of the proposed
demolition and revitalization activities and the extent to
which the public housing agency could undertake such
activities without the additional assistance to be provided
hereunder: Provided further, That eligible expenditures
hereunder shall be those expenditures eligible under section
8 and section 14 of the United States Housing Act of 1937 (42
U.S.C. 1437f and l): Provided further, That the Secretary may
impose such conditions and requirements as the Secretary
deems appropriate to effectuate the purposes of this
paragraph: Provided further, That the Secretary may require
an agency selected to receive funding to make arrangements
satisfactory to the Secretary for use of an entity other than
the agency to carry out this program where the Secretary
determines that such action will help to effectuate the
purpose of this paragraph: Provided further, That in the
event an agency selected to receive funding does not proceed
expeditiously as determined by the Secretary, the Secretary
shall withdraw any funding made available pursuant to this
paragraph that has not been obligated by the agency and
distribute such funds to one or more other eligible agencies,
or to other entities capable of proceeding expeditiously in
the same locality with the original program: Provided
further, That of the foregoing $480,000,000, the Secretary
may use up to .67 per centum for technical assistance, to be
provided directly or indirectly by grants, contracts or
cooperative agreements, including training and cost of
necessary travel for participants in such training, by or to
officials and employees of the Department and of public
housing agencies and to residents: Provided further, That any
replacement housing provided with assistance under this head
shall be subject to section 18(f) of the United States
Housing Act of 1937, as amended by section 201(b)(2) of this
Act.
flexible subsidy fund
(including transfer of funds)
From the fund established by section 236(g) of the National
Housing Act, as amended, all uncommitted balances of excess
rental charges as of September 30, 1995, and any collections
during fiscal year 1996 shall be transferred, as authorized
under such section, to the fund authorized under section
201(j) of the Housing and Community Development Amendments of
1978, as amended.
rental housing assistance
(rescission)
The limitation otherwise applicable to the maximum payments
that may be required in any fiscal year by all contracts
entered into under section 236 of the National Housing Act
(12 U.S.C. 1715z-1) is reduced in fiscal year 1996 by not
more than $2,000,000 in uncommitted balances of
authorizations provided for this purpose in appropriations
Acts: Provided, That up to $163,000,000 of recaptured section
236 budget authority resulting from the prepayment of
mortgages subsidized under section 236 of the National
Housing Act (12 U.S.C. 1715z-1) shall be rescinded in fiscal
year 1996.
payments for operation of low-income housing projects
For payments to public housing agencies and Indian housing
authorities for operating subsidies for low-income housing
projects as authorized by section 9 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437g),
$2,800,000,000.
drug elimination grants for low-income housing
For grants to public and Indian housing agencies for use in
eliminating crime in public housing projects authorized by 42
U.S.C. 11901-11908, for grants for federally assisted low-
income housing authorized by 42 U.S.C. 11909, and for drug
information clearinghouse services authorized by 42 U.S.C.
11921-11925, $290,000,000, to remain available until
expended, of which $10,000,000 shall be for grants, technical
assistance, contracts and other assistance training, program
assessment, and execution for or on behalf of public housing
agencies and resident organizations (including the cost of
necessary travel for participants in such training) and of
which $2,500,000 shall be used in connection with efforts to
combat violent crime in public and assisted housing under the
Operation Safe Home program administered by the Inspector
General of the Department of Housing and Urban Development:
Provided, That the term ``drug-related crime'', as defined in
42 U.S.C. 11905(2), shall also include other types of crime
as determined by the Secretary: Provided further, That
notwithstanding section 5130(c) of the Anti-Drug Abuse Act of
1988 (42 U.S.C. 11909(c)), the Secretary may determine not to
use any such funds to provide public housing youth sports
grants.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act (Public Law 101-625), as amended, $1,400,000,000,
to remain available until expended.
Indian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, $3,000,000, as authorized
by section 184 of the Housing and Community Development Act
of 1992 (106 Stat. 3739): Provided, That such costs,
including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $36,900,000.
Homeless Assistance
Homeless Assistance Grants
For the emergency shelter grants program (as authorized
under subtitle B of title IV of the Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77), as amended); the
supportive housing program (as authorized under subtitle C of
title IV of such Act); the section 8 moderate rehabilitation
single room occupancy program (as authorized under the United
States Housing Act of 1937, as amended) to assist homeless
individuals pursuant to section 441 of the Stewart B.
McKinney Homeless Assistance Act; and the shelter plus care
program (as authorized under subtitle F of title IV of such
Act), $823,000,000, to remain available until expended.
Community Planning and Development
community development grants
(including transfer of funds)
For grants to States and units of general local government
and for related expenses, not otherwise provided for,
necessary for carrying out a community development grants
program as authorized by title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301),
$4,600,000,000, to remain available until September 30, 1998:
Provided, That $50,000,000 shall be available for grants to
Indian tribes pursuant to section 106(a)(1) of the Housing
and Community Development Act of 1974, as amended (42 U.S.C.
5301), $2,000,000 shall be available as a grant to the
Housing Assistance Council, $1,000,000 shall be available as
a grant to the National American Indian Housing Council, and
$27,000,000 shall be available for ``special purpose grants''
pursuant to section 107 of such Act: Provided further, That
not to exceed 20 per centum of any grant made with funds
appropriated herein (other than a grant made available under
the preceding proviso to the Housing Assistance Council or
the National American Indian Housing Council, or a grant
using funds under section 107(b)(3) of the Housing and
Community Development Act of 1974) shall be expended for
``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by
the Department of Housing and Urban Development: Provided
further, That section 105(a)(25) of such Act, as added by
section 907(b)(1) of the Cranston-Gonzalez National
Affordable Housing Act, shall continue to be effective after
September 30, 1995, notwithstanding section 907(b)(2) of such
Act: Provided further, That section 916 of the Cranston-
Gonzalez National Affordable Housing Act shall apply with
respect to fiscal year 1996, notwithstanding section 916(f)
of that Act.
Of the amount provided under this heading, the Secretary of
Housing and Urban Development may use up to $53,000,000 for
grants to public housing agencies (including Indian housing
authorities), nonprofit corporations, and other appropriate
entities for a supportive services program to assist
residents of public and assisted housing, former residents of
such housing receiving tenant-based assistance under section
8 of such Act (42 U.S.C. 1437f), and other low-income
families and individuals to become self-sufficient: Provided,
That the program shall provide supportive services,
principally for the benefit of public housing residents, to
the elderly and the disabled, and to families with children
where the head of the household would benefit from the
receipt of supportive services and is working, seeking work,
or is preparing for work by participating in job training or
educational programs: Provided further, That the supportive
services shall include congregate services for the elderly
and disabled, service coordinators, and coordinated
educational, training, and other supportive services,
including academic skills training, job search assistance,
assistance related to retaining employment, vocational and
entrepreneurship development and support programs,
transportation, and child care: Provided further, That the
Secretary shall require applicants to demonstrate firm
commitments of funding or services from other sources:
Provided further, That the Secretary shall select public and
Indian housing agencies to receive assistance under this head
on a competitive basis, taking into account the quality of
the proposed program (including any innovative approaches),
the extent of the proposed coordination of supportive
services, the extent of commitments of funding or services
from other sources, the
[[Page 953]]
extent to which the proposed program includes reasonably
achievable, quantifiable goals for measuring performance
under the program over a three-year period, the extent of
success an agency has had in carrying out other comparable
initiatives, and other appropriate criteria established by
the Secretary.
Of the amount made available under this heading,
notwithstanding any other provision of law, $12,000,000 shall
be available for contracts, grants, and other assistance,
other than loans, not otherwise provided for, for providing
counseling and advice to tenants and homeowners both current
and prospective, with respect to property maintenance,
financial management, and such other matters as may be
appropriate to assist them in improving their housing
conditions and meeting the responsibilities of tenancy or
homeownership, including provisions for training and for
support of voluntary agencies and services as authorized by
section 106 of the Housing and Urban Development Act of 1968,
as amended, notwithstanding section 106(c)(9) and section
106(d)(13) of such Act.
Of the amount made available under this heading,
notwithstanding any other provision of law, $15,000,000 shall
be available for the tenant opportunity program.
Of the amount made available under this heading,
notwithstanding any other provision of law, $20,000,000 shall
be available for youthbuild program activities authorized by
subtitle D of title IV of the Cranston-Gonzalez National
Affordable Housing Act, as amended, and such activities shall
be an eligible activity with respect to any funds made
available under this heading.
Of the amount made available under this heading,
notwithstanding any other provision of law, $50,000,000 shall
be available for Economic Development Initiative grants as
authorized by section 232 of the Multifamily Housing Property
Disposition Reform Act of 1994, Public Law 103-233, on a
competitive basis as required by section 102 of the HUD
Reform Act.
For the cost of guaranteed loans, $31,750,000, as
authorized by section 108 of the Housing and Community
Development Act of 1974: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $1,500,000,000: Provided further,
That the Secretary of Housing and Urban Development may make
guarantees not to exceed the immediately foregoing amount
notwithstanding the aggregate limitation on guarantees set
forth in section 108(k) of the Housing and Community
Development Act of 1974. In addition, for administrative
expenses to carry out the guaranteed loan program, $675,000
which shall be transferred to and merged with the
appropriation for departmental salaries and expenses.
The amount made available for fiscal year 1995 for a
special purpose grant for the renovation of the central
terminal in Buffalo, New York, shall be made available for
the central terminal and for other public facilities in
Buffalo, New York.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $34,000,000, to remain
available until September 30, 1997.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and for contracts with qualified fair housing
enforcement organizations, as authorized by section 561 of
the Housing and Community Development Act of 1987, as amended
by the Housing and Community Development Act of 1992,
$30,000,000, to remain available until September 30, 1997.
Management and Administration
Salaries and Expenses
(including transfers of funds)
For necessary administrative and nonadministrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including not to exceed $7,000 for
official reception and representation expenses, $962,558,000,
of which $532,782,000 shall be provided from the various
funds of the Federal Housing Administration, and $9,101,000
shall be provided from funds of the Government National
Mortgage Association, and $675,000 shall be provided from the
Community Development Grants Program account.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $47,850,000, of which $11,283,000 shall
be transferred from the various funds of the Federal Housing
Administration.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial
Safety and Soundness Act of 1992, $14,895,000, to remain
available until expended, from the Federal Housing Enterprise
Oversight Fund: Provided, That such amounts shall be
collected by the Director as authorized by section 1316 (a)
and (b) of such Act, and deposited in the Fund under section
1316(f) of such Act.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 1996, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$110,000,000,000: Provided, That during fiscal year 1996, the
Secretary shall sell assigned mortgage notes having an unpaid
principal balance of up to $4,000,000,000, which notes were
originally insured under section 203(b) of the National
Housing Act: Provided further, That the Secretary may use any
negative subsidy amounts from the sale of such assigned
mortgage notes during fiscal year 1996 for the disposition of
properties or notes under this heading.
During fiscal year 1996, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $200,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under section 203 of such Act.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $341,595,000, to be
derived from the FHA-mutual mortgage insurance guaranteed
loans receipt account, of which not to exceed $334,483,000
shall be transferred to the appropriation for departmental
salaries and expenses; and of which not to exceed $7,112,000
shall be transferred to the appropriation for the Office of
Inspector General.
fha--general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of modifying such loans,
$85,000,000, to remain available until expended: Provided,
That such costs shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal any part of which is to be guaranteed of not
to exceed $17,400,000,000: Provided further, That during
fiscal year 1996, the Secretary shall sell assigned notes
having an unpaid principal balance of up to $4,000,000,000,
which notes were originally obligations of the funds
established under sections 238 and 519 of the National
Housing Act: Provided further, That the Secretary may use any
negative subsidy amounts, to remain available until expended,
from the sale of such assigned mortgage notes, in addition to
amounts otherwise provided, for the disposition of properties
or notes under this heading (including the credit subsidy for
the guarantee of loans or the reduction of positive credit
subsidy amounts that would otherwise be required for the sale
of such properties or notes), and for any other purpose under
this heading: Provided further, That any amounts made
available in any prior appropriation Act for the cost (as
such term is defined in section 502 of the Congressional
Budget Act of 1974) of guaranteed loans that are obligations
of the funds established under section 238 or 519 of the
National Housing Act that have not been obligated or that are
deobligated shall be available to the Secretary of Housing
and Urban Development in connection with the making of such
guarantees and shall remain available until expended,
notwithstanding the expiration of any period of availability
otherwise applicable to such amounts.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238(a), and 519(a)
of the National Housing Act, shall not exceed $120,000,000;
of which not to exceed $100,000,000 shall be for bridge
financing in connection with the sale of multifamily real
properties owned by the Secretary and formerly insured under
such Act; and of which not to exceed $20,000,000 shall be for
loans to nonprofit and governmental entities in connection
with the sale of single-family real properties owned by the
Secretary and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $202,470,000, of
which $198,299,000 shall be transferred to the appropriation
for departmental salaries and expenses; and of which
$4,171,000 shall be transferred to the appropriation for the
Office of Inspector General.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(includes transfer of funds)
During fiscal year 1996, new commitments to issue
guarantees to carry out the purposes of section 306 of the
National Housing Act, as amended (12 U.S.C. 1721(g)), shall
not exceed $110,000,000,000.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $9,101,000, to
be derived
[[Page 954]]
from the GNMA--guarantees of mortgage-backed securities
guaranteed loan receipt account, of which not to exceed
$9,101,000 shall be transferred to the appropriation for
departmental salaries and expenses.
administrative provisions
(including transfer of funds)
extend administrative provisions from the rescission act
Sec. 201. (a) Public and Indian Housing Modernization.--
(1) Expansion of use of modernization funding.--Subsection
14(q) of the United States Housing Act of 1937 is amended to
read as follows:
``(q)(1) In addition to the purposes enumerated in
subsections (a) and (b), a public housing agency may use
modernization assistance provided under section 14, and
development assistance provided under section 5(a) that was
not allocated, as determined by the Secretary, for priority
replacement housing, for any eligible activity authorized by
this section, by section 5, or by applicable Appropriations
Acts for a public housing agency, including the demolition,
rehabilitation, revitalization, and replacement of existing
units and projects and, for up to 10 percent of its
allocation of such funds in any fiscal year, for any
operating subsidy purpose authorized in section 9. Except for
assistance used for operating subsidy purposes under the
preceding sentence, assistance provided to a public housing
agency under this section shall principally be used for the
physical improvement, replacement of public housing, other
capital purposes, and for associated management improvements,
and such other extraordinary purposes as may be approved by
the Secretary. Low-income and very low-income units assisted
under this paragraph shall be eligible for operating
subsidies, unless the Secretary determines that such units or
projects do not meet other requirements of this Act.
``(2) A public housing agency may provide assistance to
developments that include units other than units assisted
under this Act (except for units assisted under section 8
hereof) (`mixed income developments'), in the form of a
grant, loan, operating assistance, or other form of
investment which may be made to--
``(A) a partnership, a limited liability company, or other
legal entity in which the public housing agency or its
affiliate is a general partner, managing member, or otherwise
participates in the activities of such entity; or
``(B) any entity which grants to the public housing agency
the option to purchase the development within 20 years after
initial occupancy in accordance with section 42(i)(7) of the
Internal Revenue Code of 1986, as amended.
``Units shall be made available in such developments for
periods of not less than 20 years, by master contract or by
individual lease, for occupancy by low-income and very low-
income families referred from time to time by the public
housing agency. The number of such units shall be:
``(i) in the same proportion to the total number of units
in such development that the total financial commitment
provided by the public housing agency bears to the value of
the total financial commitment in the development, or
``(ii) not be less than the number of units that could have
been developed under the conventional public housing program
with the assistance involved, or
``(iii) as may otherwise be approved by the Secretary.
``(3) A mixed income development may elect to have all
units subject only to the applicable local real estate taxes,
notwithstanding that the low-income units assisted by public
housing funds would otherwise be subject to section 6(d) of
the Housing Act of 1937.
``(4) If an entity that owns or operates a mixed-income
project under this subsection enters into a contract with a
public housing agency, the terms of which obligate the entity
to operate and maintain a specified number of units in the
project as public housing units in accordance with the
requirements of this Act for the period required by law, such
contractual terms may provide that, if, as a result of a
reduction in appropriations under section 9, or any other
change in applicable law, the public housing agency is unable
to fulfill its contractual obligations with respect to those
public housing units, that entity may deviate, under
procedures and requirements developed through regulations by
the Secretary, from otherwise applicable restrictions under
this Act regarding rents, income eligibility, and other areas
of public housing management with respect to a portion or all
of those public housing units, to the extent necessary to
preserve the viability of those units while maintaining the
low-income character of the units, to the maximum extent
practicable.''.
(2) Applicability.--Section 14(q) of the United States
Housing Act of 1937, as amended by subsection (a) of this
section, shall be effective only with respect to assistance
provided from funds made available for fiscal year 1996 or
any preceding fiscal year.
(3) Applicability to IHAs.--In accordance with section
201(b)(2) of the United States Housing Act of 1937, the
amendment made by this subsection shall apply to public
housing developed or operated pursuant to a contract between
the Secretary of Housing and Urban Development and an Indian
housing authority.
(b) One-for-One Replacement of Public and Indian Housing.--
(1) Extended authority.--Section 1002(d) of Public Law 104-
19 is amended to read as follows:
``(d) Subsections (a), (b), and (c) shall be effective for
applications for the demolition, disposition, or conversion
to homeownership of public housing approved by the Secretary,
and other consolidation and relocation activities of public
housing agencies undertaken, on, before, or after September
30, 1995 and before September 30, 1996.''.
(2) Section 18(f) of the United States Housing Act of 1937
is amended by adding at the end the following new sentence:
``No one may rely on the preceding sentence as the basis for
reconsidering a final order of a court issued, or a
settlement approved, by a court.''.
(3) Applicability.--In accordance with section 201(b)(2) of
the United States Housing Act of 1937, the amendments made by
this subsection and by sections 1002 (a), (b), and (c) of
Public Law 104-19 shall apply to public housing developed or
operated pursuant to a contract between the Secretary of
Housing and Urban Development and an Indian housing
authority.
conversion of certain public housing to vouchers
Sec. 202. (a) Identification of Units.--Each public housing
agency shall identify any public housing developments--
(1) that are on the same or contiguous sites;
(2) that total more than 300 dwelling units;
(3) that have a vacancy rate of at least 10 percent for
dwelling units not in funded, on-schedule modernization
programs;
(4) identified as distressed housing that the public
housing agency cannot assure the long-term viability as
public housing through reasonable revitalization, density
reduction, or achievement of a broader range of household
income; and
(5) for which the estimated cost of continued operation and
modernization of the developments as public housing exceeds
the cost of providing tenant-based assistance under section 8
of the United States Housing Act of 1937 for all families in
occupancy, based on appropriate indicators of cost (such as
the percentage of total development cost required for
modernization).
(b) Implementation and Enforcement.--
(1) Standards for implementation.--The Secretary shall
establish standards to permit implementation of this section
in fiscal year 1996.
(2) Consultation.--Each public housing agency shall consult
with the applicable public housing tenants and the unit of
general local government in identifying any public housing
developments under subsection (a).
(3) Failure of phas to comply with subsection (a).--Where
the Secretary determines that--
(A) a public housing agency has failed under subsection (a)
to identify public housing developments for removal from the
inventory of the agency in a timely manner;
(B) a public housing agency has failed to identify one or
more public housing developments which the Secretary
determines should have been identified under subsection (a);
or
(C) one or more of the developments identified by the
public housing agency pursuant to subsection (a) should not,
in the determination of the Secretary, have been identified
under that subsection;
the Secretary may designate the developments to be removed
from the inventory of the public housing agency pursuant to
this section.
(c) Removal of Units From the Inventories of Public Housing
Agencies.--
(1) Each public housing agency shall develop and carry out
a plan in conjunction with the Secretary for the removal of
public housing units identified under subsection (a) or
subsection (b)(3), over a period of up to five years, from
the inventory of the public housing agency and the annual
contributions contract. The plan shall be approved by the
relevant local official as not inconsistent with the
Comprehensive Housing Affordability Strategy under title I of
the Housing and Community Development Act of 1992, including
a description of any disposition and demolition plan for the
public housing units.
(2) The Secretary may extend the deadline in paragraph (1)
for up to an additional five years where the Secretary makes
a determination that the deadline is impracticable.
(3) The Secretary shall take appropriate actions to ensure
removal of developments identified under subsection (a) or
subsection (b)(3) from the inventory of a public housing
agency, if the public housing agency fails to adequately
develop a plan under paragraph (1), or fails to adequately
implement such plan in accordance with the terms of the plan.
(4) To the extent approved in appropriations Acts, the
Secretary may establish requirements and provide funding
under the Urban Revitalization Demonstration program for
demolition and disposition of public housing under this
section.
(5) Notwithstanding any other provision of law, if a
development is removed from the inventory of a public housing
agency and the annual contributions contract pursuant to
paragraph (1), the Secretary may authorize or direct the
transfer of--
(A) in the case of an agency receiving assistance under the
comprehensive improvement assistance program, any amounts
obligated by the Secretary for the modernization of such
development pursuant to section 14 of the United States
Housing Act of 1937;
(B) in the case of an agency receiving public and Indian
housing modernization assist
[[Page 955]]
ance by formula pursuant to section 14 of the United States
Housing Act of 1937, any amounts provided to the agency which
are attributable pursuant to the formula for allocating such
assistance to the development removed from the inventory of
that agency; and
(C) in the case of an agency receiving assistance for the
major reconstruction of obsolete projects, any amounts
obligated by the Secretary for the major reconstruction of
the development pursuant to section 5 of such Act,
to the tenant-based assistance program or appropriate site
revitalization of such agency.
(6) Cessation of unnecessary spending.--Notwithstanding any
other provision of law, if, in the determination of the
Secretary, a development meets or is likely to meet the
criteria set forth in subsection (a), the Secretary may
direct the public housing agency to cease additional spending
in connection with the development, except to the extent that
additional spending is necessary to ensure decent, safe, and
sanitary housing until the Secretary determines or approves
an appropriate course of action with respect to such
development under this section.
(d) Conversion to Tenant-Based Assistance.--
(1) The Secretary shall make authority available to a
public housing agency to provide tenant-based assistance
pursuant to section 8 to families residing in any development
that is removed from the inventory of the public housing
agency and the annual contributions contract pursuant to
subsection (b).
(2) Each conversion plan under subsection (c) shall--
(A) require the agency to notify families residing in the
development, consistent with any guidelines issued by the
Secretary governing such notifications, that the development
shall be removed from the inventory of the public housing
agency and the families shall receive tenant-based or
project-based assistance, and to provide any necessary
counseling for families; and
(B) ensure that all tenants affected by a determination
under this section that a development shall be removed from
the inventory of a public housing agency shall be offered
tenant-based or project-based assistance and shall be
relocated, as necessary, to other decent, safe, sanitary, and
affordable housing which is, to the maximum extent
practicable, housing of their choice.
(e) In General.--
(1) The Secretary may require a public housing agency to
provide such information as the Secretary considers necessary
for the administration of this section.
(2) As used in this section, the term ``development'' shall
refer to a project or projects, or to portions of a project
or projects, as appropriate.
(3) Section 18 of the United States Housing Act of 1937
shall not apply to the demolition of developments removed
from the inventory of the public housing agency under this
section.
streamlining section 8 tenant-based assistance
Sec. 203. (a) ``Take-One, Take-All''.--Section 8(t) of the
United States Housing Act of 1937 is hereby repealed.
(b) Exemption From Notice Requirements for the Certificate
and Voucher Programs.--Section 8(c) of such Act is amended--
(1) in paragraph (8), by inserting after ``section'' the
following: ``(other than a contract for assistance under the
certificate or voucher program)''; and
(2) in the first sentence of paragraph (9), by striking
``(but not less than 90 days in the case of housing
certificates or vouchers under subsection (b) or (o))'' and
inserting ``, other than a contract under the certificate or
voucher program''.
(c) Endless Lease.--Section 8(d)(1)(B) of such Act is
amended--
(1) in clause (ii), by inserting ``during the term of the
lease,'' after ``(ii)''; and
(2) in clause (iii), by striking ``provide that'' and
inserting ``during the term of the lease,''.
(d) Applicability.--The provisions of this section shall be
effective for fiscal year 1996 only.
public housing/section 8 moving to work demonstration
Sec. 204. (a) Purpose.--The purpose of this demonstration
is to give public housing agencies and the Secretary of
Housing and Urban Development the flexibility to design and
test various approaches for providing and administering
housing assistance that: reduce cost and achieve greater cost
effectiveness in Federal expenditures; give incentives to
families with children where the head of household is
working, seeking work, or is preparing for work by
participating in job training, educational programs, or
programs that assist people to obtain employment and become
economically self-sufficient; and increase housing choices
for low-income families.
(b) Program Authority.--The Secretary of Housing and Urban
Development shall conduct a demonstration program under this
section beginning in fiscal year 1996 under which up to 30
public housing agencies (including Indian housing
authorities) administering the public or Indian housing
program and the section 8 housing assistance payments program
may be selected by the Secretary to participate. The
Secretary shall provide training and technical assistance
during the demonstration and conduct detailed evaluations of
up to 15 such agencies in an effort to identify replicable
program models promoting the purpose of the demonstration.
Under the demonstration, notwithstanding any provision of the
United States Housing Act of 1937 except as provided in
subsection (e), an agency may combine operating assistance
provided under section 9 of the United States Housing Act of
1937, modernization assistance provided under section 14 of
such Act, and assistance provided under section 8 of such Act
for the certificate and voucher programs, to provide housing
assistance for low-income families, as defined in section
3(b)(2) of the United States Housing Act of 1937, and
services to facilitate the transition to work on such terms
and conditions as the agency may propose and the Secretary
may approve.
(c) Application.--An application to participate in the
demonstration--
(1) shall request authority to combine assistance under
sections 8, 9, and 14 of the United States Housing Act of
1937;
(2) shall be submitted only after the public housing agency
provides for citizen participation through a public hearing
and, if appropriate, other means;
(3) shall include a plan developed by the agency that takes
into account comments from the public hearing and any other
public comments on the proposed program, and comments from
current and prospective residents who would be affected, and
that includes criteria for--
(A) families to be assisted, which shall require that at
least 75 percent of the families assisted by participating
demonstration public housing authorities shall be very low-
income families, as defined in section 3(b)(2) of the United
States Housing Act of 1937;
(B) establishing a reasonable rent policy, which shall be
designed to encourage employment and self-sufficiency by
participating families, consistent with the purpose of this
demonstration, such as by excluding some or all of a family's
earned income for purposes of determining rent;
(C) continuing to assist substantially the same total
number of eligible low-income families as would have been
served had the amounts not been combined;
(D) maintaining a comparable mix of families (by family
size) as would have been provided had the amounts not been
used under the demonstration; and
(E) assuring that housing assisted under the demonstration
program meets housing quality standards established or
approved by the Secretary; and
(4) may request assistance for training and technical
assistance to assist with design of the demonstration and to
participate in a detailed evaluation.
(d) Selection.--In selecting among applications, the
Secretary shall take into account the potential of each
agency to plan and carry out a program under the
demonstration, the relative performance by an agency under
the public housing management assessment program under
section 6(j) of the United States Housing Act of 1937, and
other appropriate factors as determined by the Secretary.
(e) Applicability of 1937 Act Provisions.--
(1) Section 18 of the United States Housing Act of 1937
shall continue to apply to public housing notwithstanding any
use of the housing under this demonstration.
(2) Section 12 of such Act shall apply to housing assisted
under the demonstration, other than housing assisted solely
due to occupancy by families receiving tenant-based
assistance.
(f) Effect on Section 8, Operating Subsidies, and
Comprehensive Grant Program Allocations.--The amount of
assistance received under section 8, section 9, or pursuant
to section 14 by a public housing agency participating in the
demonstration under this part shall not be diminished by its
participation.
(g) Records, Reports, and Audits.--
(1) Keeping of records.--Each agency shall keep such
records as the Secretary may prescribe as reasonably
necessary to disclose the amounts and the disposition of
amounts under this demonstration, to ensure compliance with
the requirements of this section, and to measure performance.
(2) Reports.--Each agency shall submit to the Secretary a
report, or series of reports, in a form and at a time
specified by the Secretary. Each report shall--
(A) document the use of funds made available under this
section;
(B) provide such data as the Secretary may request to
assist the Secretary in assessing the demonstration; and
(C) describe and analyze the effect of assisted activities
in addressing the objectives of this part.
(3) Access to documents by the secretary.--The Secretary
shall have access for the purpose of audit and examination to
any books, documents, papers, and records that are pertinent
to assistance in connection with, and the requirements of,
this section.
(4) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of, this
section.
(h) Evaluation and Report.--
(1) Consultation with pha and family representatives.--In
making assessments throughout the demonstration, the Sec
[[Page 956]]
retary shall consult with representatives of public housing
agencies and residents.
(2) Report to congress.--Not later than 180 days after the
end of the third year of the demonstration, the Secretary
shall submit to the Congress a report evaluating the programs
carried out under the demonstration. The report shall also
include findings and recommendations for any appropriate
legislative action.
(i) Funding for Technical Assistance and Evaluation.--From
amounts appropriated for assistance under section 14 of the
United States Housing Act of 1937 for fiscal years 1996,
1997, and 1998, the Secretary may use up to a total of
$5,000,000--
(1) to provide, directly or by contract, training and
technical assistance--
(A) to public housing agencies that express an interest to
apply for training and technical assistance pursuant to
subsection (c)(4), to assist them in designing programs to be
proposed for the demonstration; and
(B) to up to 10 agencies selected to receive training and
technical assistance pursuant to subsection (c)(4), to assist
them in implementing the approved program; and
(2) to conduct detailed evaluations of the activities of
the public housing agencies under paragraph (1)(B), directly
or by contract.
extension of multifamily housing finance program
Sec. 205. (a) The first sentence of section 542(b)(5) of
the Housing and Community Development Act of 1992 (12 U.S.C.
1707 note) is amended by striking ``on not more than 15,000
units over fiscal years 1993 and 1994'' and inserting ``on
not more than 7,500 units during fiscal year 1996''.
(b) The first sentence of section 542(c)(4) of the Housing
and Community Development Act of 1992 (12 U.S.C. 1707 note)
is amended by striking ``on not to exceed 30,000 units over
fiscal years 1993, 1994, and 1995'' and inserting ``on not
more than 12,000 units during fiscal year 1996''.
foreclosure of hud-held mortgages through third parties
Sec. 206. During fiscal year 1996, the Secretary of Housing
and Urban Development may delegate to one or more entities
the authority to carry out some or all of the functions and
responsibilities of the Secretary in connection with the
foreclosure of mortgages held by the Secretary under the
National Housing Act.
restructuring of the hud multifamily mortgage portfolio through state
housing finance agencies
Sec. 207. During fiscal year 1996, the Secretary of Housing
and Urban Development may sell or otherwise transfer
multifamily mortgages held by the Secretary under the
National Housing Act to a State housing finance agency in
connection with a program authorized under section 542 (b) or
(c) of the Housing and Community Development Act of 1992
without regard to the unit limitations in section 542(b)(5)
or 542(c)(4) of such Act.
transfer of section 8 authority
Sec. 208. Section 8 of the United States Housing Act of
1937 is amended by adding the following new subsection at the
end:
``(bb) Transfer of Budget Authority.--If an assistance
contract under this section, other than a contract for
tenant-based assistance, is terminated or is not renewed, or
if the contract expires, the Secretary shall, in order to
provide continued assistance to eligible families, including
eligible families receiving the benefit of the project-based
assistance at the time of the termination, transfer any
budget authority remaining in the contract to another
contract. The transfer shall be under such terms as the
Secretary may prescribe.''.
documentation of multifamily refinancings
Sec. 209. Notwithstanding the 16th paragraph under the item
relating to ``administrative provisions'' in title II of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1995 (Public Law 103-327; 108 Stat. 2316), the amendments to
section 223(a)(7) of the National Housing Act made by the
15th paragraph of such Act shall be effective during fiscal
year 1996 and thereafter.
FHA MULTIFAMILY DEMONSTRATION AUTHORITY
Sec. 210. (a) On and after October 1, 1995, and before
October 1, 1997, the Secretary of Housing and Urban
Development shall initiate a demonstration program with
respect to multifamily projects whose owners agree to
participate and whose mortgages are insured under the
National Housing Act and that are assisted under section 8 of
the United States Housing Act of 1937 and whose present
section 8 rents are, in the aggregate, in excess of the fair
market rent of the locality in which the project is located.
These programs shall be designed to test the feasibility and
desirability of the goal of ensuring, to the maximum extent
practicable, that the debt service and operating expenses,
including adequate reserves, attributable to such multifamily
projects can be supported with or without mortgage insurance
under the National Housing Act and with or without above-
market rents and utilizing project-based assistance or, with
the consent of the property owner, tenant-based assistance,
while taking into account the need for assistance of low- and
very low-income families in such projects. In carrying out
this demonstration, the Secretary may use arrangements with
third parties, under which the Secretary may provide for the
assumption by the third parties (by delegation, contract, or
otherwise) of some or all of the functions, obligations, and
benefits of the Secretary.
(1) Goals.--The Secretary of Housing and Urban Development
shall carry out the demonstration programs under this section
in a manner that--
(A) will protect the financial interests of the Federal
Government;
(B) will result in significant discretionary cost savings
through debt restructuring and subsidy reduction; and
(C) will, in the least costly fashion, address the goals
of--
(i) maintaining existing housing stock in a decent, safe,
and sanitary condition;
(ii) minimizing the involuntary displacement of tenants;
(iii) restructuring the mortgages of such projects in a
manner that is consistent with local housing market
conditions;
(iv) supporting fair housing strategies;
(v) minimizing any adverse income tax impact on property
owners; and
(vi) minimizing any adverse impact on residential
neighborhoods.
In determining the manner in which a mortgage is to be
restructured or the subsidy reduced, the Secretary may
balance competing goals relating to individual projects in a
manner that will further the purposes of this section.
(2) Demonstration approaches.--In carrying out the
demonstration programs, subject to the appropriation in
subsection (f), the Secretary may use one or more of the
following approaches:
(A) Joint venture arrangements with third parties, under
which the Secretary may provide for the assumption by the
third parties (by delegation, contract, or otherwise) of some
or all of the functions, obligations, and benefits of the
Secretary.
(B) Subsidization of the debt service of the project to a
level that can be paid by an owner receiving an unsubsidized
market rent.
(C) Renewal of existing project-based assistance contracts
where the Secretary shall approve proposed initial rent
levels that do not exceed the greater of 120 percent of fair
market rents or comparable market rents for the relevant
metropolitan market area or at rent levels under a budget-
based approach.
(D) Nonrenewal of expiring existing project-based
assistance contracts and providing tenant-based assistance to
previously assisted households.
(b) For purposes of carrying out demonstration programs
under subsection (a)--
(1) the Secretary may manage and dispose of multifamily
properties owned by the Secretary as of October 1, 1995 and
multifamily mortgages held by the Secretary as of October 1,
1995 for properties assisted under section 8 with rents above
110 percent of fair market rents without regard to any other
provision of law; and
(2) the Secretary may delegate to one or more entities the
authority to carry out some or all of the functions and
responsibilities of the Secretary in connection with the
foreclosure of mortgages held by the Secretary under the
National Housing Act.
(c) For purposes of carrying out demonstration programs
under subsection (a), subject to such third party consents
(if any) as are necessary including but not limited to (i)
consent by the Government National Mortgage Association where
it owns a mortgage insured by the Secretary; (ii) consent by
an issuer under the mortgage-backed securities program of the
Association, subject to the responsibilities of the issuer to
its security holders and the Association under such program;
and (iii) parties to any contractual agreement which the
Secretary proposes to modify or discontinue, and subject to
the appropriation in subsection (c), the Secretary or one or
more third parties designated by the Secretary may take the
following actions:
(1) Notwithstanding any other provision of law, and subject
to the agreement of the project owner, the Secretary or third
party may remove, relinquish, extinguish, modify, or agree to
the removal of any mortgage, regulatory agreement, project-
based assistance contract, use agreement, or restriction that
had been imposed or required by the Secretary, including
restrictions on distributions of income which the Secretary
or third party determines would interfere with the ability of
the project to operate without above market rents. The
Secretary or third party may require an owner of a property
assisted under the section 8 new construction/substantial
rehabilitation program to apply any accumulated residual
receipts toward effecting the purposes of this section.
(2) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may enter into
contracts to purchase reinsurance, or enter into
participations or otherwise transfer economic interest in
contracts of insurance or in the premiums paid, or due to be
paid, on such insurance to third parties, on such terms and
conditions as the Secretary may determine.
(3) The Secretary may offer project-based assistance with
rents at or below fair market rents for the locality in which
the project is located and may negotiate such other terms as
are acceptable to the Secretary and the project owner.
(4) The Secretary may offer to pay all or a portion of the
project's debt service, including payments monthly from the
appropriate Insurance Fund, for the full remaining term of
the insured mortgage.
(5) Notwithstanding any other provision of law, the
Secretary may forgive and cancel
[[Page 957]]
any FHA-insured mortgage debt that a demonstration program
property cannot carry at market rents while bearing full
operating costs.
(6) For demonstration program properties that cannot carry
full operating costs (excluding debt service) at market
rents, the Secretary may approve project-based rents
sufficient to carry such full operating costs and may offer
to pay the full debt service in the manner provided in
paragraph (4).
(d) Community and Tenant Input.--In carrying out this
section, the Secretary shall develop procedures to provide
appropriate and timely notice to officials of the unit of
general local government affected, the community in which the
project is situated, and the tenants of the project.
(e) Limitation on Demonstration Authority.--The Secretary
may carry out demonstration programs under this section with
respect to mortgages not to exceed 15,000 units. The
demonstration authorized under this section shall not be
expanded until the reports required under subsection (g) are
submitted to the Congress.
(f) Appropriation.--For the cost of modifying loans held or
guaranteed by the Federal Housing Administration, as
authorized by this subsection (a)(2) and subsection (c),
$30,000,000, to remain available until September 30, 1997:
Provided, That such costs shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended.
(g) Report to Congress.--The Secretary shall submit to the
Congress every six months after the date of enactment of this
Act a report describing and assessing the programs carried
out under the demonstrations. The Secretary shall also submit
a final report to the Congress not later than six months
after the end of the demonstrations. The reports shall
include findings and recommendations for any legislative
action appropriate. The reports shall also include a
description of the status of each multifamily housing project
selected for the demonstrations under this section. The final
report may include--
(1) the size of the projects;
(2) the geographic locations of the projects, by State and
region;
(3) the physical and financial condition of the projects;
(4) the occupancy profile of the projects, including the
income, family size, race, and ethnic origin of current
tenants, and the rents paid by such tenants;
(5) a description of actions undertaken pursuant to this
section, including a description of the effectiveness of such
actions and any impediments to the transfer or sale of
multifamily housing projects;
(6) a description of the extent to which the demonstrations
under this section have displaced tenants of multifamily
housing projects;
(7) a description of any of the functions performed in
connection with this section that are transferred or
contracted out to public or private entities or to States;
(8) a description of the impact to which the demonstrations
under this section have affected the localities and
communities where the selected multifamily housing projects
are located; and
(9) a description of the extent to which the demonstrations
under this section have affected the owners of multifamily
housing projects.
assessment collection dates for office of federal housing enterprise
oversight
Sec. 211. Section 1316(b) of the Housing and Community
Development Act of 1992 (12 U.S.C. 4516(b)) is amended by
striking paragraph (2) and inserting the following new
paragraph:
``(2) Timing of payment.--The annual assessment shall be
payable semiannually for each fiscal year, on October 1 and
April 1.''.
merger language for assistance for the renewal of expiring section 8
subsidy contracts and annual contributions for assisted housing
Sec. 212. All remaining obligated and unobligated balances
in the Renewal of Expiring Section 8 Subsidy Contracts
account on September 30, 1995, shall immediately thereafter
be transferred to and merged with the obligated and
unobligated balances, respectively, of the Annual
Contributions for Assisted Housing account.
debt forgiveness
Sec. 213. (a) The Secretary of Housing and Urban
Development shall cancel the indebtedness of the Hubbard
Hospital Authority of Hubbard, Texas, relating to the public
facilities loan for Project Number PFL-TEX-215, issued under
title II of the Housing Amendments of 1955. Such hospital
authority is relieved of all liability to the Government for
the outstanding principal balance on such loan, for the
amount of accrued interest on such loan, and for any fees and
charges payable in connection with such loan.
(b) The Secretary of Housing and Urban Development shall
cancel the indebtedness of the Groveton Texas Hospital
Authority relating to the public facilities loan for Project
Number TEX-41-PFL0162, issued under title II of the Housing
Amendments of 1955. Such hospital authority is relieved of
all liability to the Government for the outstanding principal
balance on such loan, for the amount of accrued interest on
such loan, and for any fees and charges payable in connection
with such loan.
(c) The Secretary of Housing and Urban Development shall
cancel the indebtedness of the Hepzibah Public Service
District of Hepzibah, West Virginia, relating to the public
facilities loan for Project Number WV-46-PFL0031, issued
under title II of the Housing Amendments of 1955. Such public
service district is relieved of all liability to the
Government for the outstanding principal balance on such
loan, for the amount of accrued interest on such loan, and
for any fees and charges payable in connection with such
loan.
clarifications
Sec. 214. For purposes of Federal law, the Paul Mirabile
Center in San Diego, California, including areas within such
Center that are devoted to the delivery of supportive
services, has been determined to satisfy the ``continuum of
care'' requirements of the Department of Housing and Urban
Development, and shall be treated as--
(a) consisting solely of residential units that (i) contain
sleeping accommodations and kitchen and bathroom facilities,
(ii) are located in a building that is used exclusively to
facilitate the transition of homeless individuals (within the
meaning of section 103 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11302), as in effect on December
19, 1989) to independent living within 24 months, (iii) are
suitable for occupancy, with each cubicle constituting a
separate bedroom and residential unit, (iv) are used on other
than a transient basis, and (v) shall be originally placed in
service on November 1, 1995; and
(b) property that is entirely residential rental property,
namely, a project for residential rental property.
employment limitations
Sec. 215. (a) By the end of fiscal year 1996 the Department
of Housing and Urban Development shall employ no more than
eight Assistant Secretaries, notwithstanding section 4(a) of
the Department of Housing and Urban Development Act.
(b) By the end of fiscal year 1996 the Department of
Housing and Urban Development shall employ no more than 77
schedule C and 20 non-career senior executive service
employees.
use of funds
Sec. 216. (a) Of the $93,400,000 earmarked in Public Law
101-144 (103 Stat. 850), as amended by Public Law 101-302
(104 Stat. 237), for special projects and purposes, any
amounts remaining of the $500,000 made available to Bethlehem
House in Highland, California, for site planning and loan
acquisition shall instead be made available to the County of
San Bernardino in California to assist with the expansion of
the Los Padrinos Gang Intervention Program and the Unity Home
Domestic Violence Shelter, and San Bernardino drug court
program.
(b) The amount made available for fiscal year 1995 for the
removal of asbestos from an abandoned public school building
in Toledo, Ohio shall be made available for the renovation
and rehabilitation of an industrial building at the
University of Toledo in Toledo, Ohio.
lead-based paint abatement
Sec. 217. (a) Section 1011 of Title X--Residential Lead-
Based Paint Hazard Reduction Act of 1992 is amended as
follows: Strike ``priority housing'' wherever it appears in
said section and insert ``housing''.
(b) Section 1011(a) shall be amended as follows: At the end
of the subsection after the period, insert: ``Grants shall
only be made under this section to provide assistance for
housing which meets the following criteria--
``(1) for grants made to assist rental housing, at least 50
percent of the units must be occupied by or made available to
families with incomes at or below 50 percent of the area
median income level and the remaining units shall be occupied
or made available to families with incomes at or below 80
percent of the area median income level, and in all cases the
landlord shall give priority in renting units assisted under
this section, for not less than 3 years following the
completion of lead abatement activities, to families with a
child under the age of six years, except that buildings with
five or more units may have 20 percent of the units occupied
by families with incomes above 80 percent of area median
income level;
``(2) for grants made to assist housing owned by owner-
occupants, all units assisted with grants under this section
shall be the principal residence of families with income at
or below 80 percent of the area median income level, and not
less than 90 percent of the units assisted with grants under
this section shall be occupied by a child under the age of
six years or shall be units where a child under the age of
six years spends a significant amount of time visiting; and
``(3) notwithstanding paragraphs (1) and (2), Round II
grantees who receive assistance under this section may use
such assistance for priority housing.''.
extension period for sharing utility cost savings with phas
Sec. 218. Section 9(a)(3)(B)(i) of the United States
Housing Act of 1937 is amended by striking ``for a period not
to exceed 6 years''.
mortgage note sales
Sec. 219. The first sentence of section 221(g)(4)(C)(viii)
of the National Housing Act is amended by striking
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
repeal of frost-leland
Sec. 220. Section 415 of the Department of Housing and
Urban Development--Independent Agencies Appropriations Act,
1988 (Public Law 100-202; 101 Stat. 1329-213) is repealed.
[[Page 958]]
fha single-family assignment program reform
Sec. 221. (a) Correction to Foreclosure Avoidance
Provision.--The penultimate proviso of section 204(a) of the
National Housing Act (12 U.S.C. 1710(a)), as added by section
407(a) of the Balanced Budget Downpayment Act, I (Public Law
104-99), is amended by striking ``special foreclosure'' and
inserting in lieu thereof ``special forebearance''.
``(b) Savings Provision.--Any mortgage for which the
mortgagor has applied to the Secretary, before the date of
enactment of this Act, for assignment to the Secretary
pursuant to section 230(b) of the National Housing Act shall
continue to be governed by the provisions of each section, as
in effect immediately before enactment of the Balanced Budget
Downpayment Act, I.
(2) Section 230(d) of the National Housing Act, as amended
by section 407(b) of the Balanced Budget Downpayment Act, I,
is repealed.
``(c) Regulations.--(1) Not later than 30 days after the
date of enactment of this Act, the Secretary of Housing and
Urban Development shall issue interim regulations to
implement section 407 of the Balanced Budget Downpayment Act,
I, and the amendments to the National Housing Act made by
that section.
(2) Section 407(d) of the Balanced Budget Downpayment Act,
I, is repealed.
(d) Extension of Reform to Mortgages Originated in Fiscal
Year 1996.--Section 407(c) of the Balanced Budget Downpayment
Act, I, is amended by striking ``originated before October 1,
1995'' and inserting ``executed before October 1, 1996''.
spending limitations
Sec. 222. (a) None of the funds in this Act may be used by
the Secretary to impose any sanction, or penalty because of
the enactment of any State or local law or regulation
declaring English as the official language.
(b) No part of any appropriation contained in this Act
shall be used for lobbying activities as prohibited by law.
Sec. 223. None of the funds provided in this Act may be
used during fiscal year 1996 to investigate or prosecute
under the Fair Housing Act (42 U.S.C. 3601, et seq.) any
otherwise lawful activity engaged in by one or more persons,
including the filing or maintaining of non-frivolous legal
action, that is engaged in solely for the purposes of
achieving or preventing action by a Government official,
entity, or court of competent jurisdiction.
Sec. 224. None of the funds provided in this Act many be
used to take any enforcement action with respect to a
complaint of discrimination under the Fair Housing Act (42
U.S.C. 3601, et seq.) on the basis of familial status and
which involves an occupancy standard established by the
housing provider except to the extent that it is found that
there has been discrimination in contravention of the
standards provided in the March 20, 1991 Memorandum from the
General Counsel of the Department of Housing and Urban
Development to all Regional Counsel or until such time that
HUD issues a final rule in accordance with section 553 of
title 5, United States Code.
cdbg eligible activities
Sec. 225. Section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) is amended--
(1) in paragraph (4)--
(A) by inserting ``reconstruction,'' after ``removal,'';
and
(B) by striking ``acquisition for rehabilitation, and
rehabilitation'' and inserting ``acquisition for
reconstruction or rehabilitation, and reconstruction or
rehabilitation'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) by striking paragraph (19);
(4) in paragraph (24), by striking ``and'' at the end;
(5) in paragraph (25), by striking the period at the end
and inserting ``; and'';
(6) by redesignating paragraphs (20) through (25) as
paragraphs (19) through (24), respectively; and
(7) by redesignating paragraph (21) (as added by section
1012(f)(3) of the Housing and Community Development Act of
1992) as paragraph (25).
Sec. 226. (a) The Secretary shall award for the community
development grants program, as authorized by title I of the
Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301), for the State of New York, not more than 35
percent of the funds made available for fiscal year 1996 for
grants allocated for any multi-year commitment. The Secretary
shall issue proposed and final rulemaking for the
requirements of the community development grants program for
the State of New York before issuing a Notice of Funding
Availability for funds made available for fiscal year 1997.
Sec. 227. All funds allocated for the State of New York for
fiscal years 1995 and 1996 under the Home investment
partnerships program, as authorized under title II of the
Cranston-Gonzalez National Affordable Housing Act (Public Law
101-625) shall be made available to the Chief Executive
Officer of the State, or an entity designated by the Chief
Executive Officer, to be used for activities in accordance
with the requirements of the HOME investment partnership
program, notwithstanding the memorandum from the general
Counsel of the Department of Housing and Urban Development
dated March 5, 1996.
Sec. 228. (a) The second sentence of section 236(f)(1) of
the National Housing Act, as amended by section 405(d)(1) of
The Balanced Budget Downpayment Act, I, is amended--
(1) by striking ``or (ii)'' and inserting ``(ii)''; and
(2) by striking ``located,'' and inserting: ``located, or
(iii) the actual rent (as determined by the Secretary) paid
for a comparable unit in comparable unassisted housing in the
market area in which the housing assisted under this section
is located,''.
(b) The first sentence of section 236(g) of the National
Housing Act is amended by inserting the phrase ``on a unit-
by-unit basis'' after ``collected''.
technical correction to minimum rent authority
Sec. 229. Section 402(a) of The Balanced Budget Downpayment
Act, I (Public Law 104-99), is amended by inserting after
``as amended,'' the following: ``or section 206(d) of the
Housing and Urban-Rural Recovery Act of 1983 (including
section 206(d)(5) of such Act),''.
minimum rent waiver authority
Sec. 230. Notwithstanding section 402(a) of The Balanced
Budget Downpayment Act, I (Public Law 104-99), the Secretary
of Housing and Urban Development or a public housing agency
(including an Indian housing authority) may waive the minimum
rent requirement of that section to provide a transition
period for affected families. The term of a waiver approved
pursuant to this section may be retroactive, but may not
apply for more than three months with respect to any family.
TITLE III
INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one for replacement only) and
hire of passenger motor vehicles; and insurance of official
motor vehicles in foreign countries, when required by law of
such countries; $20,265,000, to remain available until
expended: Provided, That where station allowance has been
authorized by the Department of the Army for officers of the
Army serving the Army at certain foreign stations, the same
allowance shall be authorized for officers of the Armed
Forces assigned to the Commission while serving at the same
foreign stations, and this appropriation is hereby made
available for the payment of such allowance: Provided
further, That when traveling on business of the Commission,
officers of the Armed Forces serving as members or as
Secretary of the Commission may be reimbursed for expenses as
provided for civilian members of the Commission: Provided
further, That the Commission shall reimburse other Government
agencies, including the Armed Forces, for salary, pay, and
allowances of personnel assigned to it.
Department of the Treasury
Community Development Financial Institutions Fund
Program Account
For grants, loans, and technical assistance to qualifying
community development financial institutions, and
administrative expenses of the Fund, $45,000,000, to remain
available until September 30, 1997: Provided, That of the
funds made available under this heading not to exceed
$4,000,000 may be used for the cost of direct loans, and not
to exceed $400,000 may be used for administrative expenses to
carry out the direct loan program: Provided further, That the
cost of direct loans, including the cost of modifying such
loans, shall be defined as in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $28,440,000:
Provided further, That none of these funds shall be used to
supplement existing resources provided to the Department for
activities such as external affairs, general counsel,
administration, finance, or office of inspector general:
Provided further, That none of these funds shall be available
for expenses of an Administrator as defined in section 104 of
the Community Development Banking and Financial Institutions
Act of 1994 (CDBFI Act): Provided further, That
notwithstanding any other provision of law, for purposes of
administering the Community Development Financial
Institutions Fund, the Secretary of the Treasury shall have
all powers and rights of the Administrator of the CDBFI Act
and the Fund shall be within the Department of the Treasury.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for GS-18, purchase of nominal awards to recognize non-
Federal officials' contributions to Commission activities,
and not to exceed $500 for official reception and
representation expenses, $40,000,000.
[[Page 959]]
Corporation for National and Community Service
national and community service programs operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this
heading as the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community
Service Act of 1990 (referred to in the matter under this
heading as the ``Act'') (42 U.S.C. 12501 et seq.),
$400,500,000, of which $265,000,000 shall be available for
obligation from September 1, 1996, through September 30,
1997: Provided, That not more than $25,000,000 shall be
available for administrative expenses authorized under
section 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)):
Provided further, That not more than $2,500 shall be for
official reception and representation expenses: Provided
further, That not more than $59,000,000, to remain available
without fiscal year limitation, shall be transferred to the
National Service Trust account for educational awards
authorized under subtitle D of title I of the Act (42 U.S.C.
12601 et seq.): Provided further, That not more than
$215,000,000 of the amount provided under this heading shall
be available for grants under the National Service Trust
program authorized under subtitle C of title I of the Act (42
U.S.C. 12571 et seq.) (relating to activities including the
Americorps program), of which not more than $40,000,000 may
be used to administer, reimburse or support any national
service program authorized under section 121(d)(2) of such
Act (42 U.S.C. 12581(d)(2)): Provided further, That not more
than $5,500,000 of the funds made available under this
heading shall be made available for the Points of Light
Foundation for activities authorized under title III of the
Act (42 U.S.C. 12661 et seq.): Provided further, That no
funds shall be available for national service programs run by
Federal agencies authorized under section 121(b) of such Act
(42 U.S.C. 12581(b)): Provided further, That to the maximum
extent feasible, funds appropriated in the preceding proviso
shall be provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided
further, That not more than $18,000,000 of the funds made
available under this heading shall be available for the
Civilian Community Corps authorized under subtitle E of title
I of the Act (42 U.S.C. 12611 et seq.): Provided further,
That not more than $43,000,000 shall be available for school-
based and community-based service-learning programs
authorized under subtitle B of title I of the Act (41 U.S.C.
12521 et seq.): Provided further, That not more than
$30,000,000 shall be available for quality and innovation
activities authorized under subtitle H of title I of the Act
(42 U.S.C. 12853 et seq.): Provided further, That not more
than $5,000,000 shall be available for audits and other
evaluations authorized under section 179 of the Act (42
U.S.C. 12639), of which up to $500,000 shall be available for
a study by the National Academy of Public Administration on
the structure, organization, and management of the
Corporation and activities supported by the Corporation,
including an assessment of the quality, innovation,
replicability, and sustainability without Federal funds of
such activities, and the Federal and non-Federal cost of
supporting participants in community service activities:
Provided further, That no funds from any other appropriation,
or from funds otherwise made available to the Corporation,
shall be used to pay for personnel compensation and benefits,
travel, or any other administrative expense for the Board of
Directors, the Office of the Chief Executive Officer, the
Office of the Managing Director, the Office of the Chief
Financial Officer, the Office of National and Community
Service Programs, the Civilian Community Corps, or any field
office or staff of the Corporation working on the National
and Community Service or Civilian Community Corps programs:
Provided further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the
private sector, shall expand significantly the number of
educational awards provided under subtitle D of title I, and
shall reduce the total Federal cost per participant in all
programs: Provided further, That prior to September 30, 1996,
the General Accounting Office shall report to the Congress
the results of a study of State commission programs which
evaluates the cost per participant, the commissions' ability
to oversee the programs, and other relevant considerations.
sense of congress
It is the sense of the Congress that accounting for
taxpayers' funds must be a top priority for all Federal
agencies and Government corporations. The Congress is deeply
concerned about the findings of the recent audit of the
Corporation for National and Community Service required under
the Government Corporation Control Act of 1945. The Congress
urges the President to expeditiously nominate a qualified
Chief Financial Officer for the Corporation. Further, to the
maximum extent practicable and as quickly as possible, the
Corporation should implement the recommendations of the
independent auditors contracted for by the Corporation's
Inspector General, as well as the Chief Financial Officer, to
improve the financial management of taxpayers' funds. Should
the Chief Financial Officer determine that additional
resources are needed to implement these recommendations, the
Corporation should submit a reprogramming proposal for up to
$3,000,000 to carry out reforms of the financial management
system.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $2,000,000.
Court of Veterans Appeals
salaries and expenses
For necessary expenses for the operation of the United
States Court of Veterans Appeals as authorized by 38 U.S.C.
sections 7251-7292, $9,000,000, of which not to exceed
$678,000, to remain available until September 30, 1997, shall
be available for the purpose of providing financial
assistance as described, and in accordance with the process
and reporting procedures set forth, under this head in Public
Law 102-229.
Department of Defense--Civil Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
and not to exceed $1,000 for official reception and
representation expenses; $11,946,000, to remain available
until expended.
Environmental Protection Agency
science and technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation and Liability act of 1980 (CERCLA), as
amended; necessary expenses for personnel and related costs
and travel expenses, including uniforms, or allowances
therefore, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for GS-18;
procurement of laboratory equipment and supplies; other
operating expenses in support of research and development;
construction, alteration, repair, rehabilitation and
renovation of facilities, not to exceed $75,000 per project;
$525,000,000, which shall remain available until September
30, 1997.
environmental programs and management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for GS-18; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to
exceed $6,000 for official reception and representation
expenses; $1,677,300,000, which shall remain available until
September 30, 1997: Provided, That, notwithstanding any other
provision of law, for this fiscal year and hereafter, an
industrial discharger that is a pharmaceutical manufacturing
facility and discharged to the Kalamazoo Water Reclamation
Plant (an advanced wastewater treatment plant with activated
carbon) prior to the date of enactment of this Act may be
exempted from categorical pretreatment standards under
section 307(b) of the Federal Water Pollution Control Act, as
amended, if the following conditions are met:
(1) the owner or operator of the Kalamazoo Water
Reclamation Plant applies to the State of Michigan for an
exemption for such industrial discharger,
(2) the State or Administrator, as applicable, approves
such exemption request based upon a determination that the
Kalamazoo Water Reclamation Plant will provide treatment and
pollution removal equivalent to or better than that which
would be required through a combination of pretreatment by
such industrial discharger and treatment by the Kalamazoo
Water Reclamation Plant in the absence of the exemption, and
(3) compliance with paragraph (2) is addressed by the
provisions and conditions of a permit issued to the Kalamazoo
Water Reclamation Plant under section 402 of such Act, and
there exists an operative financial contract between the City
of Kalamazoo and the industrial user and an approved local
pretreatment program, including a joint monitoring program
and local controls to prevent against interference and pass
through.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $75,000 per project, $28,500,000.
buildings and facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or use by, the Environmental Protection Agency, $110,000,000,
to remain available until expended.
[[Page 960]]
Hazardous Substance Superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation and Liability Act of
1980 (CERCLA), as amended, including sections 111 (c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
not to exceed $1,313,400,000, to remain available until
expended, consisting of $1,063,400,000 as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended by Public Law
101-508 (of which, $100,000,000 shall not become available
until September 1, 1996), and $250,000,000 as a payment from
general revenues to the Hazardous Substance Superfund as
authorized by section 517(b) of SARA, as amended by Public
Law 101-508: Provided, That funds appropriated under this
heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That $11,000,000 of the funds appropriated under this heading
shall be transferred to the Office of Inspector General
appropriation to remain available until September 30, 1996:
Provided further, That notwithstanding section 111(m) of
CERCLA or any other provision of law, not to exceed
$59,000,000 of the funds appropriated under this heading
shall be available to the Agency for Toxic Substances and
Disease Registry to carry out activities described in
sections 104(i), 111(c)(4), and 111(c)(14) of CERCLA and
section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986: Provided further, That none of
the funds appropriated under this heading shall be available
for the Agency for Toxic Substances and Disease Registry to
issue in excess of 40 toxicological profiles pursuant to
section 104(i) of CERCLA during fiscal year 1996: Provided
further, That none of the funds made available under this
heading may be used by the Environmental Protection Agency to
propose for listing or to list any additional facilities on
the National Priorities List established by section 105 of
the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), as amended (42 U.S.C. 9605), unless
the Administrator receives a written request to propose for
listing or to list a facility from the Governor of the State
in which the facility is located, or unless legislation to
reauthorize CERCLA is enacted.
leaking underground storage tank trust fund
(including transfer of funds)
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$45,827,000, to remain available until expended: Provided,
That no more than $7,000,000 shall be available for
administrative expenses: Provided further, That $500,000
shall be transferred to the Office of Inspector General
appropriation to remain available until September 30, 1996.
oil spill response
(including transfer of funds)
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $15,000,000, to be derived from the Oil Spill
Liability trust fund, and to remain available until expended:
Provided, That not more than $8,000,000 of these funds shall
be available for administrative expenses.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $2,813,000,000, to remain
available until expended, of which $1,848,500,000 shall be
for making capitalization grants for State revolving funds to
support water infrastructure financing; $100,000,000 for
architectural, engineering, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $50,000,000 for grants to the
State of Texas, which shall be matched by an equal amount of
State funds from State resources, for the purpose of
improving wastewater treatment for colonias; $15,000,000 for
grants to the State of Alaska, subject to an appropriate cost
share as determined by the Administrator, to address
wastewater infrastructure needs of rural and Alaska Native
villages; and $141,500,000 for making grants for the
construction of wastewater treatment facilities and the
development of groundwater in accordance with the terms and
conditions specified for such grants in the Conference
Reports and statements of the managers accompanying H.R. 2099
and this Act: Provided, That beginning in fiscal year 1996
and each fiscal year thereafter, and notwithstanding any
other provision of law, the Administrator is authorized to
make grants annually from funds appropriated under this
heading, subject to such terms and conditions as the
Administrator shall establish, to any State or federally
recognized Indian tribe for multimedia or single media
pollution prevention, control and abatement and related
environmental activities at the request of the Governor or
other appropriate State official or the tribe: Provided
further, That from funds appropriated under this heading, the
Administrator may make grants to federally recognized Indian
governments for the development of multimedia environmental
programs: Provided further, That of the $1,848,500,000 for
capitalization grants for State revolving funds to support
water infrastructure financing, $500,000,000 shall be for
drinking water State revolving funds, but if no drinking
water State revolving fund legislation is enacted by August
1, 1996, these funds shall immediately be available for
making capitalization grants under title VI of the Federal
Water Pollution Control Act, as amended: Provided further,
That of the funds made available in Public Law 103-327 and in
Public Law 103-124 for capitalization grants for State
revolving funds to support water infrastructure financing,
$225,000,000 shall be made available for capitalization
grants for State revolving funds under title VI of the
Federal Water Pollution Control Act, as amended, if no
drinking water State revolving fund legislation is enacted by
August 1, 1996: Provided further, That of the funds made
available under this heading for capitalization grants for
State Revolving Funds under title VI of the Federal Water
Pollution Control Act, as amended, $50,000,000 shall be for
wastewater treatment in impoverished communities pursuant to
section 102(d) of H.R. 961 as approved by the United States
House of Representatives on May 16, 1995: Provided further,
That of the funds appropriated in the Construction Grants and
Water Infrastructure/State Revolving Funds accounts since the
appropriation for the fiscal year ending September 30, 1992,
and hereafter, for making grants for wastewater treatment
works construction projects, portions may be provided by the
recipients to States for managing construction grant
activities, on condition that the States agree to reimburse
the recipients from State funding sources: Provided further,
That the funds made available in Public Law 103-327 for a
grant to the City of Mt. Arlington, New Jersey, in accordance
with House Report 103-715, shall be available for a grant to
that city for water and sewer improvements.
Administrative Provisions
Sec. 301. None of the funds provided in this Act may be
used within the Environmental Protection Agency for any final
action by the Administrator or her delegate for signing and
publishing for promulgation of a rule concerning any new
standard for radon in drinking water.
Sec. 302. None of the funds provided in this Act may be
used during fiscal year 1996 to sign, promulgate, implement
or enforce the requirement proposed as ``Regulation of Fuels
and Fuel Additives: Individual Foreign Refinery Baseline
Requirements for Reformulated Gasoline'' at volume 59 of the
Federal Register at pages 22800 through 22814.
Sec. 303. None of the funds appropriated under this Act may
be used to implement the requirements of section 186(b)(2),
section 187(b) or section 211(m) of the Clean Air Act (42
U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with respect to any
moderate nonattainment area in which the average daily winter
temperature is below 0 degrees Fahrenheit. The preceding
sentence shall not be interpreted to preclude assistance from
the Environmental Protection Agency to the State of Alaska to
make progress toward meeting the carbon monoxide standard in
such areas and to resolve remaining issues regarding the use
of oxygenated fuels in such areas.
Sec. 304. Notwithstanding any other provision of law, the
Environmental Protection Agency shall: (1) transfer all real
property acquired in Bay City, Michigan, for the creation of
the Center for Ecology, Research and Training (CERT) to the
City of Bay City or other local public or municipal entity;
and (2) make a grant in fiscal year 1996 to the recipient of
the property of not less than $3,000,000 from funds
previously appropriated for the CERT project for the purpose
of environmental remediation and rehabilitation of real
property included in the boundaries of the CERT project. The
disposition of property shall be by donation or no-cost
transfer and shall be made to the City of Bay City, Michigan
or other local public or municipal entity.
Further, notwithstanding any other provision of law, the
agency shall have the authority to demolish or dispose of any
improvements on such real property, or to donate, sell, or
transfer any personal property or improvements on such real
property to members of the general public, by auction or
public sale, and to apply any funds received to costs related
to the transfer of the real property authorized hereunder.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of
passenger motor vehicles, services as authorized by 5 U.S.C.
3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $4,981,000: Provided, That the
Office of Science and Technology Policy shall reimburse other
agencies for not less than one-half of the personnel
compensation costs of individuals detailed to it.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental
[[Page 961]]
Quality pursuant to the National Environmental Policy Act of
1969, the Environmental Improvement Act of 1970 and
Reorganization Plan No. 1 of 1977, $2,150,000.
Federal Emergency Management Agency
disaster relief
For necessary expenses in carrying out the functions of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), $222,000,000, to remain
available until expended.
disaster assistance direct loan program account
For the cost of direct loans, $2,155,000, as authorized by
section 319 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the
direct loan program, $95,000.
Salaries and Expenses
For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles (31 U.S.C.
1343); uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; expenses of attendance of
cooperating officials and individuals at meetings concerned
with the work of emergency preparedness; transportation in
connection with the continuity of Government programs to the
same extent and in the same manner as permitted the Secretary
of a Military Department under 10 U.S.C. 2632; and not to
exceed $2,500 for official reception and representation
expenses; $168,900,000.
office of the inspector general
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $4,673,000.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to
carry out activities under the National Flood Insurance Act
of 1968, as amended, and the Flood Disaster Protection Act of
1973, as amended (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of
1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire
Prevention and Control Act of 1974, as amended (15 U.S.C.
2201 et seq.), the Defense Production Act of 1950, as amended
(50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947, as amended (50 U.S.C. 404-
405), and Reorganization Plan No. 3 of 1978, $203,044,000.
emergency food and shelter program
Notwithstanding any other provision of law, for fiscal year
1996, there is hereby appropriated a total of $100,000,000 to
the Federal Emergency Management Agency to carry out an
emergency food and shelter program pursuant to title III of
Public Law 100-77, as amended: Provided, That total
administrative costs shall not exceed three and one-half per
centum of the total appropriation.
National Flood Insurance Fund
For activities under the National Flood Insurance Act of
1968, the Flood Disaster Protection Act of 1973, and the
National Flood Insurance Reform Act of 1994, not to exceed
$20,562,000 for salaries and expenses associated with flood
mitigation and flood insurance operations, and not to exceed
$70,464,000 for flood mitigation, including up to $12,000,000
for expenses under section 1366 of the National Flood
Insurance Act of 1968, as amended, which amount shall be
available until September 30, 1997. In fiscal year 1996, no
funds in excess of (1) $47,000,000 for operating expenses,
(2) $292,526,000 for agents' commissions and taxes, and (3)
$3,500,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without
prior notice to the Committees on Appropriations.
Administrative Provision
The Director of the Federal Emergency Management Agency
shall promulgate through rulemaking a methodology for
assessment and collection of fees to be assessed and
collected beginning in fiscal year 1996 applicable to persons
subject to the Federal Emergency Management Agency's
radiological emergency preparedness regulations. The
aggregate charges assessed pursuant to this section during
fiscal year 1996 shall approximate, but not be less than, 100
per centum of the amounts anticipated by the Federal
Emergency Management Agency to be obligated for its
radiological emergency preparedness program for such fiscal
year. The methodology for assessment and collection of fees
shall be fair and equitable, and shall reflect the full
amount of costs of providing radiological emergency planning,
preparedness, response and associated services. Such fees
will be assessed in a manner that reflects the use of agency
resources for classes of regulated persons and the
administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the general
fund of the Treasury as offsetting receipts. Assessment and
collection of such fees are only authorized during fiscal
year 1996.
General Services Administration
Consumer Information Center
For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,061,000,
to be deposited into the Consumer Information Center Fund:
Provided, That the appropriations, revenues and collections
deposited into the fund shall be available for necessary
expenses of Consumer Information Center activities in the
aggregate amount of $7,500,000. Administrative expenses of
the Consumer Information Center in fiscal year 1996 shall not
exceed $2,602,000. Appropriations, revenues, and collections
accruing to this fund during fiscal year 1996 in excess of
$7,500,000 shall remain in the fund and shall not be
available for expenditure except as authorized in
appropriations Acts.
Department of Health and Human Services
office of consumer affairs
For necessary expenses of the Office of Consumer Affairs,
including services authorized by 5 U.S.C. 3109, $1,800,000:
Provided, That notwithstanding any other provision of law,
that Office may accept and deposit to this account, during
fiscal year 1996, gifts for the purpose of defraying its
costs of printing, publishing, and distributing consumer
information and educational materials; may expend up to
$1,110,000 of those gifts for those purposes, in addition to
amounts otherwise appropriated; and the balance shall remain
available for expenditure for such purposes to the extent
authorized in subsequent appropriations Act: Provided
further, That none of the funds provided under this heading
may be made available for any other activities within the
Department of Health and Human Services.
National Aeronautics and Space Administration
Human Space Flight
For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and
development activities, including research; development;
operations; services; maintenance; construction of facilities
including repair, rehabilitation, and modification of real
and personal property, and acquisition or condemnation of
real property, as authorized by law; space flight, spacecraft
control and communications activities including operations,
production, and services; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft; $5,456,600,000, to remain available until September
30, 1997.
Science, Aeronautics and Technology
For necessary expenses, not otherwise provided for, for the
conduct and support of science, aeronautics, and technology
research and development activities, including research;
development; operations; services; maintenance; construction
of facilities including repair, rehabilitation and
modification of real and personal property, and acquisition
or condemnation of real property, as authorized by law; space
flight, spacecraft control and communications activities
including operations, production, and services; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft; $5,928,900,000, to remain available
until September 30, 1997.
mission support
For necessary expenses, not otherwise provided for, in
carrying out mission support for human space flight programs
and science, aeronautical, and technology programs, including
research operations and support; space communications
activities including operations, production, and services;
maintenance; construction of facilities including repair,
rehabilitation, and modification of facilities, minor
construction of new facilities and additions to existing
facilities, facility planning and design, environmental
compliance and restoration, and acquisition or condemnation
of real property, as authorized by law; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902); travel
expenses; purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft; not to
exceed $35,000 for official reception and representation
expenses; and purchase (not to exceed thirty-three for
replacement only) and hire of passenger motor vehicles;
$2,502,200,000, to remain available until September 30, 1997.
Office of Inspector General
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $16,000,000.
Administrative Provisions
(including transfer of funds)
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science,
aeronautics and technology'', or ``Mission support'' by this
appropriations Act, when any activity has been initiated by
the incurrence of obligations for construction of facilities
as authorized by law, the amount available for such activity
shall remain available until expended. This provision does
not apply to the amounts appropriated in ``Mission support''
pursuant to the authorization for repair, rehabilitation and
modification of facilities, minor construction of new
facilities and additions to existing facilities, and facility
planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for
[[Page 962]]
``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations
Act, the amounts appropriated for construction of facilities
shall remain available until September 30, 1998.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``Office of
Inspector General'', amounts made available by this Act for
personnel and related costs and travel expenses of the
National Aeronautics and Space Administration shall remain
available until September 30, 1996 and may be used to enter
into contracts for training, investigations, cost associated
with personnel relocation, and for other services, to be
provided during the next fiscal year.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the
appropriation that provides funds for such activity under
this Act. Balances so transferred may be merged with funds in
the newly established account and thereafter may be accounted
for as one fund to be available for the same purposes and
under the same terms and conditions.
Upon the determination by the Administrator that such
action is necessary, the Administrator may, with the approval
of the Office of Management and Budget, transfer not to
exceed $50,000,000 of funds made available in this Act to the
National Aeronautics and Space Administration between such
appropriations or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same
time period, as the appropriation to which transferred:
Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen
requirements, than those for which originally appropriated:
Provided further, That the Administrator of the National
Aeronautics and Space Administration shall notify the
Congress promptly of all transfers made pursuant to this
authority.
Notwithstanding section 202 of Public Law 104-99, section
212 of Public Law 104-99 shall remain in effect as if enacted
as part of this Act.
Within its Mission to Planet Earth program, NASA is urged
to fund Phase A studies for a radar satellite initiative.
National Credit Union Administration
Central Liquidity Facility
During fiscal year 1996, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions as authorized by the National
Credit Union Central Liquidity Facility Act (12 U.S.C. 1795)
shall not exceed $600,000,000: Provided, That administrative
expenses of the Central Liquidity Facility in fiscal year
1996 shall not exceed $560,000.
National Science Foundation
research and related activities
For necessary expenses in carrying out the purposes of the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), and the Act to establish a National Medal
of Science (42 U.S.C. 1880-1881); services as authorized by 5
U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition
of aircraft; $2,314,000,000, of which not to exceed
$235,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to
other Federal agencies for operational and science support
and logistical and other related activities for the United
States Antarctic program; the balance to remain available
until September 30, 1997: Provided, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science
Foundation supported research facilities may be credited to
this appropriation: Provided further, That to the extent that
the amount appropriated is less than the total amount
authorized to be appropriated for included program
activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally.
major research equipment
For necessary expenses in carrying out major construction
projects, and related expenses, pursuant to the purposes of
the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), $70,000,000, to remain available until
expended.
Academic Research Infrastructure
For necessary expenses in carrying out an academic research
infrastructure program pursuant to the purposes of the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including services as authorized by 5
U.S.C. 3109 and rental of conference rooms in the District of
Columbia, $100,000,000, to remain available until September
30, 1997.
education and human resources
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the purposes of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875),
including services as authorized by 5 U.S.C. 3109 and rental
of conference rooms in the District of Columbia,
$599,000,000, to remain available until September 30, 1997:
Provided, That to the extent that the amount of this
appropriation is less than the total amount authorized to be
appropriated for included program activities, all amounts,
including floors and ceilings, specified in the authorizing
Act for those program activities or their subactivities shall
be reduced proportionally.
salaries and expenses
For necessary salaries and expenses in carrying out the
purposes of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902); rental of conference rooms in the District
of Columbia; reimbursement of the General Services
Administration for security guard services; $127,310,000:
Provided, That contracts may be entered into under salaries
and expenses in fiscal year 1996 for maintenance and
operation of facilities, and for other services, to be
provided during the next fiscal year.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $4,490,000, to remain available until
September 30, 1997.
national science foundation headquarters relocation
For necessary support of the relocation of the National
Science Foundation, $5,200,000: Provided, That these funds
shall be used to reimburse the General Services
Administration for services and related acquisitions in
support of relocating the National Science Foundation.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $38,667,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by law (5 U.S.C. 4101-4118) for
civilian employees; and not to exceed $1,000 for official
reception and representation expenses; $22,930,000: Provided,
That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341,
whenever he deems such action to be necessary in the interest
of national defense: Provided further, That none of the funds
appropriated by the Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States.
TITLE IV
CORPORATIONS
Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government
Corporation Control Act, as amended, are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Act as may be necessary in
carrying out the programs set forth in the budget for 1996
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Resolution Trust Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $11,400,000.
TITLE V
GENERAL PROVISIONS
Sec. 501. Where appropriations in titles I, II, and III of
this Act are expendable for travel expenses and no specific
limitation has been placed thereon, the expenditures for such
travel expenses may not exceed the amounts set forth therefor
in the budget estimates submitted for the appropriations:
Provided, That this section shall not apply to travel
performed by uncompensated officials of local boards and
appeal boards of the Selective Service System; to travel
performed directly in connection with care and treatment of
medical beneficiaries of the Department of Veterans Affairs;
to travel performed in connection with major disasters or
emergencies declared or determined by the President under the
provisions of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; to travel performed by the Offices
of Inspector General in connection with audits and
investigations; or to payments to interagency motor pools
where separately set forth in the budget schedules: Provided
further, That if appropriations in titles I, II, and III
exceed the amounts set forth in budget estimates initially
submitted for such appropriations, the expenditures for
travel may correspondingly exceed the amounts therefor set
forth in the estimates in the same proportion.
Sec. 502. Appropriations and funds available for the
administrative expenses of the
[[Page 963]]
Department of Housing and Urban Development and the Selective
Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as
authorized by law (5 U.S.C. 5901-5902); hire of passenger
motor vehicles; and services as authorized by 5 U.S.C. 3109.
Sec. 503. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Resolution Trust Corporation, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal
Deposit Insurance Corporation Act, as amended (12 U.S.C.
1811-1831).
Sec. 504. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 505. No funds appropriated by this Act may be
expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is part of, a
voucher or abstract which describes the payee or payees and
the items or services for which such expenditure is being
made, or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract, is
specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law
from such audit.
Sec. 506. None of the funds provided in this Act to any
department or agency may be expended for the transportation
of any officer or employee of such department or agency
between his domicile and his place of employment, with the
exception of any officer or employee authorized such
transportation under title 31, United States Code, section
1344.
Sec. 507. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients
that do not share in the cost of conducting research
resulting from proposals not specifically solicited by the
Government: Provided, That the extent of cost sharing by the
recipient shall reflect the mutuality of interest of the
grantee or contractor and the Government in the research.
Sec. 508. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for Level IV
of the Executive Schedule, unless specifically authorized by
law.
Sec. 509. None of the funds in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal
parties intervening in regulatory or adjudicatory
proceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section 7 of
the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 510. Except as otherwise provided under existing law
or under an existing Executive order issued pursuant to an
existing law, the obligation or expenditure of any
appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are (1) a matter
of public record and available for public inspection, and (2)
thereafter included in a publicly available list of all
contracts entered into within twenty-four months prior to the
date on which the list is made available to the public and of
all contracts on which performance has not been completed by
such date. The list required by the preceding sentence shall
be updated quarterly and shall include a narrative
description of the work to be performed under each such
contract.
Sec. 511. Except as otherwise provided by law, no part of
any appropriation contained in this Act shall be obligated or
expended by any executive agency, as referred to in the
Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.) for a contract for services unless such executive
agency (1) has awarded and entered into such contract in full
compliance with such Act and the regulations promulgated
thereunder, and (2) requires any report prepared pursuant to
such contract, including plans, evaluations, studies,
analyses and manuals, and any report prepared by the agency
which is substantially derived from or substantially includes
any report prepared pursuant to such contract, to contain
information concerning (A) the contract pursuant to which the
report was prepared, and (B) the contractor who prepared the
report pursuant to such contract.
Sec. 512. Except as otherwise provided in section 506, none
of the funds provided in this Act to any department or agency
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of such department or agency.
Sec. 513. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
procure passenger automobiles as defined in 15 U.S.C. 2001
with an EPA estimated miles per gallon average of less than
22 miles per gallon.
Sec. 514. Such sums as may be necessary for fiscal year
1996 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 515. None of the funds appropriated in title I of this
Act shall be used to enter into any new lease of real
property if the estimated annual rental is more than $300,000
unless the Secretary submits, in writing, a report to the
Committees on Appropriations of the Congress and a period of
30 days has expired following the date on which the report is
received by the Committees on Appropriations.
Sec. 516. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 517. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management
and Budget Circular A-21.
Sec. 518. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 519. In fiscal year 1996, the Director of the Federal
Emergency Management Agency shall sell the disaster housing
inventory of mobile homes and trailers, and the proceeds
thereof shall be deposited in the Treasury.
Sec. 520. Such funds as may be necessary to carry out the
orderly termination of the Office of Consumer Affairs shall
be made available from funds appropriated to the Department
of Health and Human Services for fiscal year 1996.
Sec. 521. Upon enactment of this Act, the provisions of
section 201(b) of Public Law 104-99, except the last proviso,
are superseded.
This Act may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1996''.
TITLE II--SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1996
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
Of the funds appropriated by Public Law 104-37 or otherwise
made available to the Food Safety and Inspection Service for
fiscal year 1996, not less than $363,000,000 shall be
available for salaries and benefit of in-plant personnel:
Provided, That this limitation shall not apply if the
Secretary of Agriculture certifies to the House and Senate
Committees on Appropriations that a lesser amount will be
adequate to fully meet in-plant inspection requirements for
the fiscal year.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood
Prevention Operations'' to repair damages to waterways and
watersheds resulting from flooding in the Pacific Northwest,
the Northeast blizzards and floods, and other natural
disasters, $80,514,000, to remain available until expended:
Provided, That if the Secretary determines that the cost of
land and farm structures restoration exceeds the fair market
value of an affected cropland, the Secretary may use
sufficient amounts, not to exceed $7,288,000, from funds
provided under this heading to accept bids from willing
sellers to provide conservation easements for such cropland
inundated by floods as provided for by the Wetlands Reserve
Program, authorized by subchapter C of chapter 1 of subtitle
D of title XII of the Food Security Act of 1985 (16 U.S.C.
3837): Provided further, That the entire amount shall be
available only to the extent that an official budget request
for $80,514,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to
Congress: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Consolidated Farm Service Agency
EMERGENCY CONSERVATION PROGRAM
For necessary expenses to carry into effect the program
authorized in sections 401, 402, and 404 of title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201-2205) for
expenses resulting from floods in the Pacific Northwest and
other natural disasters, $30,000,000, to remain available
until expended, as authorized by 16 U.S.C. 2204: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
[[Page 964]]
Rural Housing and Community Development Service
rural housing insurance fund program account
For an additional amount for ``Rural housing insurance fund
program account'' for the additional cost of direct loans,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, for emergency
expenses resulting from flooding in the Pacific Northwest,
the Northeast blizzards and floods, Hurricane Marilyn, and
other natural disasters, to be available from funds in the
rural housing insurance fund as follows: $5,000,000 for
section 502 direct loans and $1,500,000 for section 504
housing repair loans, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
very low-income housing repair grants
For an additional amount for ``Very low-income housing
repair grants'' under section 504 of the Housing Act of 1949,
as amended, for emergency expenses resulting from flooding in
the Pacific Northwest, the Northeast blizzards and floods,
Hurricane Marilyn, and other natural disasters, $1,100,000,
to remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Rural Utilities Service
rural utilities assistance program
For an additional amount for the ``Rural Utilities
Assistance Program'' for the cost of direct loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, to assist in the
recovery from flooding in the Pacific Northwest and other
natural disasters, $11,000,000, to remain available until
expended: Provided, That such funds may be available for
emergency community water assistance grants as authorized by
7 U.S.C. 1926b: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS
SEC. 2001. SEAFOOD SAFETY.
Notwithstanding any other provision of law, any domestic
fish or fish product produced in compliance with food safety
standards or procedures accepted by the Food and Drug
Administration as satisfying the requirements of the
``Procedures for the Safe and Sanitary Processing and
Importing of Fish and Fish Products'' (published by the Food
and Drug Administration as a final regulation in the Federal
Register of December 18, 1995), shall be deemed to have met
any inspection requirements of the Department of Agriculture
or other Federal agency for any Federal commodity purchase
program, including the program authorized under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c) except that the
Department of Agriculture or other Federal agency may utilize
lot inspection to establish a reasonable degree of certainty
that fish or fish products purchased under a Federal
commodity purchase program, including the program authorized
under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), meet Federal product specifications.
Sec. 2002. Notwithstanding any other provision of law, the
Secretary of Agriculture is hereby authorized to make or
guarantee an operating loan under Subtitle B or an emergency
loan under Subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et. seq.), as in effect prior
to April 4, 1996, to a loan applicant who was less than 90
days delinquent on April 4, 1996, if the loan applicant had
submitted an application for the loan prior to April 5, 1996.
CHAPTER 1A
FOOD AND DRUG EXPORT REFORM
SEC. 2101. SHORT TITLE; REFERENCE.
(a) Short Title.--This chapter may be cited as the ``FDA
Export Reform and Enhancement Act of 1996''.
(b) Reference.--Wherever in this chapter (other than in
section 2104) an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Federal Food, Drug, and Cosmetic Act.
(21 U.S.C. 321 et seq.)
SEC. 2102. EXPORT OF DRUGS AND DEVICES.
(a) Imports for Export.--Section 801 (21 U.S.C. 381) is
amended--
(1) in subsection (d), by adding at the end thereof the
following:
``(3) No component of a drug, no component part or
accessory of a device which is ready or suitable for use for
health-related purposes, and no food additive, color
additive, or dietary supplement, including a product in bulk
form, shall be excluded from importation into the United
States under subsection (a) if--
``(A) the importer of such article of a drug or device or
importer of the food additive, color additive, or dietary
supplement submits a statement to the Secretary, at the time
of initial importation, that such article of a drug or
device, food additive, color additive, or dietary supplement
is intended to be incorporated by the initial owner or
consignee into a drug, biological product, device, food, food
additive, color additive, or dietary supplement that will be
exported by such owner or consignee from the United States in
accordance with section 801(e) or 802 or section 351(h) of
the Public Health Service Act;
``(B) the initial owner or consignee responsible for such
imported article maintains records that identify the use of
such imported article and upon request of the Secretary
submits a report that provides an accounting of the
exportation or the disposition of the imported article,
including portions that have been destroyed, and the manner
in which such person complied with the requirements of this
paragraph; and
``(C) any imported component, part, or accessory of a drug
or device and any food additive, color additive, or dietary
supplement not incorporated as described in subparagraph (A)
is destroyed or exported by the owner or consignee.''
``(4) The importation into the United States of blood,
blood components, source plasma, or source leukocytes or of a
component, accessory, or part thereof is not permitted
pursuant to paragraph (3) unless the importation complies
with section 351(a) of the Public Health Service Act or the
Secretary permits the importation under appropriate
circumstances and conditions, as determined by the Secretary.
The importation of tissue or a component or part of tissue is
not permitted pursuant to paragraph (3) unless the
importation complies with section 361 of the Public Health
Service Act.'';
(b) Export of Certain Products.--Section 801 (21 U.S.C.
381) is amended--
(1) in subsection (e)(1), by striking the second sentence;
(2) in subsection (e)(2)--
(A) by striking ``the Secretary'' and inserting ``either
(i) the Secretary''; and
(B) by inserting before the period at the end thereof the
following: ``or (ii) the device is eligible for export under
section 802''; and
(3) in subsection (e), by adding at the end thereof the
following:;
``(3) A new animal drug that requires approval under
section 512 shall not be exported pursuant to paragraph (1)
if such drug has been banned in the United States.
``(4)(A) Any person who exports a drug, animal drug, or
device may request that the Secretary--
``(i) certify in writing that the exported drug, animal
drug, or device meets the requirements of paragraph (1) or
section 802; or
``(ii) certify in writing that the drug, animal drug, or
device being exported meets the applicable requirements of
this Act upon a showing that the drug or device meets the
applicable requirements of this Act.
The Secretary shall issue such a certification within 20 days
of the receipt of a request for such certification.
``(B) If the Secretary issues a written export
certification within the 20 days prescribed by subparagraph
(A), a fee for such certification may be charged but shall
not exceed $175 for each certification. Fees collected for a
fiscal year pursuant to this subparagraph shall be credited
to the appropriation account for salaries and expenses of the
Food and Drug Administration and shall be available in
accordance with appropriations Acts until expended without
fiscal year limitation. Such fees shall be collected in each
fiscal year in an amount equal to the amount specified in
appropriations Acts for such fiscal year and shall only be
collected and available for the costs of the Food and Drug
Administration.''.
(c) Labeling of Exported Drugs.--Section 801 (21 U.S.C.
381) is amended by adding at the end the following:
``(f)(1) If a drug being exported in accordance with
subsection (e) is being exported to a country that has
different or additional labeling requirements or conditions
for use and such country requires the drug to be labeled in
accordance with those requirements or uses, such drug may be
labeled in accordance with such requirements and conditions
for use in the country to which such drug is being exported
if it also is labeled in accordance with the requirements of
this Act.
``(2) If, pursuant to paragraph (1), the labeling of an
exported drug includes conditions for use that have not been
approved under this Act, the labeling must state that such
conditions for use have not been approved under this Act.''.
(d) Export of Certain Unapproved Drugs and Devices.--
(1) Amendment.--Section 802 (21 U.S.C. 382) is amended to
read as follows:
``exports of certain unapproved products
``Sec. 802. (a) A drug or device--
``(1) which, in the case of a drug--
``(A)(i) requires approval by the Secretary under section
505 before such drug may be introduced or delivered for
introduction into interstate commerce; or
``(ii) requires licensing by the Secretary under section
351 of the Public Health Service Act or by the Secretary of
Agriculture under the Act of March 4, 1913 (known as the
Virus-Serum Toxin Act) before it may be introduced or
delivered for introduction into interstate commerce;
``(B) does not have such approval or license; and
``(C) is not exempt from such sections or Act; and
``(2) which, in the case of a device--
``(A) does not comply with an applicable requirement under
section 514 or 515;
``(B) under section 520(g) is exempt from either such
section; or
``(C) is a banned device under section 516, is adulterated,
misbranded, and in violation of such sections or Act unless
the export of the drug or device is, except as provided in
sub
[[Page 965]]
section (f), authorized under subsection (b), (c), (d), or
(e) or section 801(e)(2). If a drug or device described in
paragraphs (1) and (2) may be exported under subsection (b)
and if an application for such drug or device under section
505 or 515 or section 351 of the Public Health Service Act
was disapproved, the Secretary shall notify the appropriate
public health official of the country to which such drug will
be exported of such disapproval.
``(b)(1)(A) A drug or device described in subsection (a)
may be exported to any country, if the drug or device
complies with the laws of that country and has valid
marketing authorization by the appropriate authority--
``(i) in Australia, Canada, Israel, Japan, New Zealand,
Switzerland, or South Africa; or
``(ii) in the European Union or a country in the European
Economic Area (the countries in the European Union and the
European Free Trade Association) if the drug or device is
marketed in that country or the drug or device is authorized
for general marketing in the European Economic Area.
``(B) The Secretary may designate an additional country to
be included in the list of countries described in clauses (i)
and (ii) of subparagraph (A) if all of the following
requirements are met in such country:
``(i) Statutory or regulatory requirements which require
the review of drugs and devices for safety and effectiveness
by an entity of the government of such country and which
authorize the approval of only those drugs and devices which
have been determined to be safe and effective by experts
employed by or acting on behalf of such entity and qualified
by scientific training and experience to evaluate the safety
and effectiveness of drugs and devices on the basis of
adequate and well-controlled investigations, including
clinical investigations, conducted by experts qualified by
scientific training and experience to evaluate the safety and
effectiveness of drugs and devices.
``(ii) Statutory or regulatory requirements that the
methods used in, and the facilities and controls used for--
``(I) the manufacture, processing, and packing of drugs in
the country are adequate to preserve their identity, quality,
purity, and strength; and
``(II) the manufacture, preproduction design validation,
packing, storage, and installation of a device are adequate
to assure that the device will be safe and effective.
``(iii) Statutory or regulatory requirements for the
reporting of adverse reactions to drugs and devices and
procedures to withdraw approval and remove drugs and devices
found not to be safe or effective.
``(iv) Statutory or regulatory requirements that the
labeling and promotion of drugs and devices must be in
accordance with the approval of the drug or device.
``(v) The valid marketing authorization system in such
country or countries is equivalent to the systems in the
countries described in clauses (i) and (ii) of subparagraph
(A).
The Secretary shall not delegate the authority granted under
this subparagraph.
``(C) An appropriate country official, manufacturer, or
exporter may request the Secretary to take action under
subparagraph (B) to designate an additional country or
countries to be added to the list of countries described in
clauses (i) and (ii) of subparagraph (A) by submitting
documentation to the Secretary in support of such
designation. Any person other than a country requesting such
designation shall include, along with the request, a letter
from the country indicating the desire of such country to be
designated.
``(2) A drug described in subsection (a) may be directly
exported to a country which is not listed in clause (i) or
(ii) of paragraph (1)(A) if--
``(A) the drug complies with the laws of that country and
has valid marketing authorization by the responsible
authority in that country; and
``(B) the Secretary determines that all of the following
requirements are met in that country:
``(i) Statutory or regulatory requirements which require
the review of drugs for safety and effectiveness by an entity
of the government of such country and which authorize the
approval of only those drugs which have been determined to be
safe and effective by experts employed by or acting on behalf
of such entity and qualified by scientific training and
experience to evaluate the safety and effectiveness of drugs
on the basis of adequate and well-controlled investigations,
including clinical investigations, conducted by experts
qualified by scientific training and experience to evaluate
the safety and effectiveness of drugs.
``(ii) Statutory or regulatory requirements that the
methods used in, and the facilities and controls used for the
manufacture, processing, and packing of drugs in the country
are adequate to preserve their identity, quality, purity, and
strength.
``(iii) Statutory or regulatory requirements for the
reporting of adverse reactions to drugs and procedures to
withdraw approval and remove drugs found not to be safe or
effective.
``(iv) Statutory or regulatory requirements that the
labeling and promotion of drugs must be in accordance with
the approval of the drug.
``(3) The exporter of a drug described in subsection (a)
which would not meet the conditions for approval under this
Act or conditions for approval of a country described in
clause (i) or (ii) of paragraph (1)(A) may petition the
Secretary for authorization to export such drug to a country
which is not described in clause (i) or (ii) of paragraph
(1)(A) or which is not described in paragraph (2). The
Secretary shall permit such export if--
``(A) the person exporting the drug--
``(i) certifies that the drug would not meet the conditions
for approval under this Act or the conditions for approval of
a country described in clause (i) or (ii) of paragraph
(1)(A); and
``(ii) provides the Secretary with credible scientific
evidence, acceptable to the Secretary, that the drug would be
safe and effective under the conditions of use in the country
to which it is being exported; and
``(B) the appropriate health authority in the country to
which the drug is being exported--
``(i) requests approval of the export of the drug to such
country;
``(ii) certifies that the health authority understands that
the drug is not approved under this Act or in a country
described in clause (i) or (ii) of paragraph (1)(A); and
``(iii) concurs that the scientific evidence provided
pursuant to subparagraph (A) is credible scientific evidence
that the drug would be reasonably safe and effective in such
country.
The Secretary shall take action on a request for export of a
drug under this paragraph within 60 days of receiving such
request.
``(c) A drug or device intended for investigational use in
any country described in clause (i) or (ii) of subsection
(b)(1)(A) may be exported in accordance with the laws of that
country and shall be exempt from regulation under section
505(i) or 520(g).
``(d) A drug or device intended for formulation, filling,
packaging, labeling, or further processing in anticipation of
market authorization in any country described in clause (i)
or (ii) of subsection (b)(1)(A) may be exported for use in
accordance with the laws of that country.
``(e)(1) A drug or device which is used in the diagnosis,
prevention, or treatment of a tropical disease or another
disease not of significant prevalence in the United States
and which does not otherwise qualify for export under this
section shall, upon approval of an application, be permitted
to be exported if the Secretary finds that the drug or device
will not expose patients in such country to an unreasonable
risk of illness or injury and the probable benefit to health
from the use of the drug or device (under conditions of use
prescribed, recommended, or suggested in the labeling or
proposed labeling of the drug or device) outweighs the risk
of injury or illness from its use, taking into account the
probable risks and benefits of currently available drug or
device treatment.
``(2) The holder of an approved application for the export
of a drug or device under this subsection shall report to the
Secretary--
``(A) the receipt of any credible information indicating
that the drug or device is being or may have been exported
from a country for which the Secretary made a finding under
paragraph (1)(A) to a country for which the Secretary cannot
make such a finding; and
``(B) the receipt of any information indicating adverse
reactions to such drug.
``(3)(A) If the Secretary determines that--
``(i) a drug or device for which an application is approved
under paragraph (1) does not continue to meet the
requirements of such paragraph; or
``(ii) the holder of an approved application under
paragraph (1) has not made the report required by paragraph
(2),
the Secretary may, after providing the holder of the
application an opportunity for an informal hearing, withdraw
the approved application.
``(B) If the Secretary determines that the holder of an
approved application under paragraph (1) or an importer is
exporting a drug or device from the United States to an
importer and such importer is exporting the drug or device to
a country for which the Secretary cannot make a finding under
paragraph (1) and such export presents an imminent hazard,
the Secretary shall immediately prohibit the export of the
drug or device to such importer, provide the person exporting
the drug or device from the United States prompt notice of
the prohibition, and afford such person an opportunity for an
expedited hearing.
``(f) A drug or device may not be exported under this
section--
``(1) if the drug or device is not manufactured, processed,
packaged, and held in substantial conformity with current
good manufacturing practice requirements or does not meet
international standards as certified by an international
standards organization recognized by the Secretary;
``(2) if the drug or device is adulterated under clause
(1), (2)(A), or (3) of section 501(a) or subsection (c) or
(d) of section 501;
``(3) if the requirements of subparagraphs (A) through (D)
of section 801(e)(1) have not been met;
``(4)(A) if the drug or device is the subject of a notice
by the Secretary or the Secretary of Agriculture of a
determination that the probability of reimportation of the
exported drug or device would present an imminent hazard to
the public health and safety of the United States and the
only means of limiting the hazard is to prohibit the export
of the drug or device; or
``(B) if the drug or device presents an imminent hazard to
the public health of the country to which the drug or device
would be exported;
``(5) if the drug or device is not labeled--
[[Page 966]]
``(A) in accordance with the requirements and conditions
for use in--
``(i) the country in which the drug or device received
valid marketing authorization under subsection (b); and
``(ii) the country to which the drug or device would be
exported; and
``(B) in the language and units of measurement of the
country to which the drug or device would be exported or in
the language designated by such country; or
``(6) if the drug or device is not promoted in accordance
with the labeling requirements set forth in paragraph (5).
In making a finding under paragraph (4)(B), (5), or (6) the
Secretary shall consult with the appropriate public health
official in the affected country.
``(g) The exporter of a drug or device exported under
subsection (b)(1) shall provide a simple notification to the
Secretary identifying the drug or device when the exporter
first begins to export such drug or device to any country
listed in clause (i) or (ii) of subsection (b)(1)(A). When an
exporter of a drug or device first begins to export a drug or
device to a country which is not listed in clause (i) or (ii)
of subsection (b)(1)A), the exporter shall provide a simple
notification to the Secretary identifying the drug or device
and the country to which such drug or device is being
exported. Any exporter of a drug or device shall maintain
records of all drugs or devices exported and the countries to
which they were exported.
``(h) For purposes of this section--
``(1) a reference to the Secretary shall in the case of a
biological product which is required to be licensed under the
Act of March 4, 1913 (37 Stat. 832-833) (commonly known as
the Virus-Serum Toxin Act) be considered to be a reference to
the Secretary of Agriculture, and
``(2) the term `drug' includes drugs for human use as well
as biologicals under section 351 of the Public Health Service
Act or the Act of March 4, 1913 (37 Stat. 832-833) (commonly
known as the Virus-Serum Toxin Act).''.
(2) Conforming amendments.--Section 351(h) of the Public
Health Service Act (42 U.S.C. 262(h)) is amended by striking
``802(b)(A)'' and inserting ``802(b)(1)'' and by striking
``802(b)(4)'' and inserting ``802(b)(1)''.
SEC. 2103. PROHIBITED ACT.
Section 301 (21 U.S.C. 331) is amended--
(1) by redesignating the second subsection (u) as
subsection (v); and
(2) by adding at the end thereof the following:
``(w) The making of a knowingly false statement in any
record or report required or requested under subparagraph (A)
or (B) of section 801(d)(3), the failure to submit or
maintain records as required by sections 801(d)(3)(A) and
801(d)(3)(B), the release into interstate commerce of any
article imported into the United States under section
801(d)(3) or any finished product made from such article
(except for export in accordance with section 801(e) or 802
or section 351(h) of the Public Health Service Act), or the
failure to export or destroy any component, part or accessory
not incorporated into a drug, biological product or device
that will be exported in accordance with section 801(e) or
802 or section 351(h) of the Public Health Service Act.''.
SEC. 2104. PARTIALLY PROCESSED BIOLOGICAL PRODUCTS.
Subsection (h) of section 351 of the Public Health Service
Act (42 U.S.C. 262) is amended to read as follows:
``(h) A partially processed biological product which--
``(1) is not in a form applicable to the prevention,
treatment, or cure of diseases or injuries of man;
``(2) is not intended for sale in the United States; and
``(3) is intended for further manufacture into final dosage
form outside the United States,
shall be subject to no restriction on the export of the
product under this Act or the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 et seq.) if the product is
manufactured, processed, packaged, and held in conformity
with current good manufacturing practice requirements or
meets international manufacturing standards as certified by
an international standards organization recognized by the
Secretary and meets the requirements of section 801(e)(1) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381(e)).''.
Sec. 2105. (a) In General.--Any owner on the date of
enactment of this Act of the right to market a nonsteroidal
antiinflammatory drug that--
(1) contains a previously patented active agent;
(2) has been reviewed by the Federal Food and Drug
Administration for a period of more than 120 months as a new
drug application; and
(3) was approved as safe and effective by the Federal Food
and Drug Administration on October 29, 1992,
shall be entitled, for the 2-year period beginning on October
29, 1997, to exclude others from making, using, offering for
sale, selling, or importing into the United States such
active agent, in accordance with section 154(a)(1) of title
35, United States Code.
(b) Infringement.--Section 271 of title 35, United States
Code shall apply to the infringement of the entitlement
provided under subsection (a). No application described in
section 271(e)(2)(A) of title 35, United States Code,
regardless of purpose, may be submitted prior to the
expiration of the entitlement provided under subsection (a).
(c) Notification.--Not later than 30 days after the date of
the enactment of this Act, any owner granted an entitlement
under subsection (a) shall notify the Commissioner of Patents
and Trademarks and the Secretary for Health and Human
Services of such entitlement. Not later than 7 days after the
receipt of such notice, the Commissioner and the Secretary
shall publish an appropriate notice of the receipt of such
notice.
CHAPTER 2
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for emergency expenses including
mitigation relating to flooding and other natural disasters,
$18,000,000, to remain available until expended, for grants
and related expenses pursuant to the Public Works and
Economic Development Act of 1965, as amended, and for
administrative expenses which may be transferred to and
merged with the appropriations for ``Salaries and expenses'':
Provided, That the entire amount is hereby designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an
official budget request, for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
National Oceanic and Atmospheric Administration
construction
For an additional amount for ``Construction'' for emergency
expenses resulting from flooding in the Pacific Northwest and
other natural disasters, $7,500,000, to remain available
until expended: Provided, That the entire amount is hereby
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for ``Disaster Loans Program
Account'', $71,000,000 for the cost of direct loans, to
remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974; and for administrative expenses to carry out the
disaster loan program, $29,000,000, to remain available until
expended: Provided, That both amounts are hereby designated
by Congress as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
Any funds heretofore appropriated and made available in
Public Law 102-104 and Public Law 102-377 to carry out the
provisions for the project for navigation, St. Louis Harbor,
Missouri and Illinois; may be utilized by the Secretary of
the Army in carrying out the Upper Mississippi and Illinois
Waterway System Navigation Study, Iowa, Illinois, Missouri,
Wisconsin, Minnesota, in fiscal year 1996 or until expended.
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'', for the Northeast and Northwest floods of 1996,
$30,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', for the Northeast and Northwest floods of 1996
and other disasters, and to replenish funds transferred
pursuant to Public Law 84-99, $135,000,000, to remain
available until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(D)(2)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
construction program
For an additional amount for the ``Construction Program'',
$9,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(D)(2)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
other defense activities
For an additional amount for ``Other Defense Activities'',
for the Materials Protec
[[Page 967]]
tion, Control and Accounting program, $15,000,000 to remain
available until expended, not withstanding any other
provision of law.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(transfer of funds)
$5,500,000 of funds appropriated under this heading in the
Energy and Water Development Appropriations Act, 1995 (Public
Law 103-316), shall be transferred to the appropriation
account ``Operation and Maintenance, Alaska Power
Administration'', to remain available until expended, only
for necessary termination expenses.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
FUNDS APPROPRIATED TO THE PRESIDENT
UNANTICIPATED NEEDS
Unanticipated Needs for Defense of Israel Against Terrorism
For emergency expenses necessary to meet unanticipated
needs for the acquisition and provision of goods, services,
and/or grants for Israel necessary to support the eradication
of terrorism in and around Israel, $50,000,000: Provided,
That none of the funds appropriated in this paragraph shall
be available for obligation except through the regular
notification procedures of the Committees on Appropriations:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
MILITARY ASSISTANCE
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'' for grants for Jordan pursuant to section 23 of the
Arms Export Control Act, $70,000,000: Provided, That such
funds may be used for Jordan to finance transfers by lease of
defense articles under chapter 6 of such Act.
CHAPTER 5
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction and access
For an additional amount for ``Construction and Access'',
$5,000,000, to remain available until expended, to repair
roads, culverts, bridges, facilities, fish and wildlife
protective structures, and recreation sites, damaged due to
the Pacific Northwest flooding: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $758,000 of this amount shall be
available only to the extent an official budget request, for
a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Oregon and California Grant Lands
For an additional amount for ``Oregon and California Grant
Lands'', $35,000,000, to remain available until expended, to
repair roads, culverts, bridges, facilities, fish and
wildlife protective structures, and recreation sites, damaged
due to the Pacific Northwest flooding: Provided, That
Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $15,452,000 of this amount
shall be available only to the extent an official budget
request, for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
United States Fish and Wildlife Service
resource management
For an additional amount for Resource Management,
$1,600,000, to remain available until expended, to provide
technical assistance to the Natural Resource Conservation
Service, the Federal Emergency Management Agency, the United
States Army Corps of Engineers and other agencies on fish and
wildlife habitat issues related to damage caused by floods,
storms and other acts of nature: Provided, That the entire
amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Construction
For an additional amount for ``Construction'', $37,300,000,
to remain available until expended, to repair damage caused
by hurricanes, floods and other acts of nature, and to
protect natural resources: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $16,795,000 of this amount shall be available
only to the extent an official budget request, for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
National Park Service
Construction
For an additional amount for ``Construction'', $47,000,000,
to remain available until expended, to repair damage caused
by hurricanes, floods and other acts of nature: Provided,
That Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That $13,399,000 of this amount
shall be available only to the extent an official budget
request, for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, investigations, and
research'', $2,000,000, to remain available until September
30, 1997, for the costs related to hurricanes, floods and
other acts of nature: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $824,000 of this amount shall be available only
to the extent an official budget request, for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $500,000, to remain available until September 30,
1997, for emergency operations and repairs related to winter
floods: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Construction
For an additional amount for ``Construction'', $16,500,000,
to remain available until expended, for emergency repairs
related to winter floods: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $7,072,000 of this amount shall be available
only to the extent an official budget request, for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Territorial and International Affairs
Assistance to Territories
For an additional amount for ``Assistance to Territories'',
$13,000,000, to remain available until expended, for recovery
efforts from Hurricane Marilyn: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $11,000,000 of this amount shall be
available only to the extent an official budget request, for
a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'',
$26,600,000, to remain available until expended, to repair
damage caused by hurricanes, floods and other acts of nature:
Provided, That Congress hereby designates this amount as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $6,600,000 of this
amount shall be available only to the extent an official
budget request, for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
[[Page 968]]
Construction
For an additional amount for ``Construction'', $60,800,000,
to remain available until expended: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $20,800,000 of this amount shall be
available only to the extent an official budget request, for
a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
CHAPTER 6
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
North Atlantic Treaty Organization Security Investment Program
For an additional amount for ``North Atlantic Treaty
Organization Security Investment Program'', $37,500,000, to
remain available until expended: Provided, That the Secretary
of Defense may make additional contributions for the North
Atlantic Treaty Organization as provided in section 2806 of
title 10, United States Code: Provided further, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION
SEC. 2601. LAND CONVEYANCE, U.S. ARMY RESERVE, GREENSBORO,
ALABAMA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Hale County, Alabama, all
right, title, and interest of the United States in and to a
parcel of real property consisting of approximately 5.17
acres and located in Greensboro, Alabama, that was conveyed
by Hale County, Alabama, to the United States by warranty
deed dated September 12, 1988.
(b) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a)
shall be as described in the deed referred to in that
subsection.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
CHAPTER 7
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$257,200,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$11,700,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $2,600,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $27,300,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $241,500,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $900,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $173,000,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $79,800,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
PROCUREMENT
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $26,000,000: Provided, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS
(transfer of funds)
Sec. 2701. Section 8005 of the Department of Defense
Appropriations Act, 1996 (Public Law 104-61), is amended by
striking out ``$2,400,000,000'' and inserting in lieu thereof
``$3,100,000,000'': Provided, That the additional transfer
authority provided herein shall be available only to the
extent funds are transferred, or have been transferred,
during the current fiscal year to cover the costs associated
with United States military operations in support of the
NATO-led Peace Implementation Force (IFOR) in and around the
former Yugoslavia.
Sec. 2702. Notwithstanding any other provision of law,
funds appropriated in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61) under the
heading ``Aircraft Procurement, Air Force'' may be obligated
for advance procurement and procurement of F-15E aircraft.
Sec. 2703. (a) Funds appropriated under the heading,
``Aircraft Procurement, Air Force'', in Public Laws 104-61,
103-335 and 103-139 that are or remain available for C-17
airframes, C-17 aircraft engines, and complementary widebody
aircraft/NDAA may be used for multiyear procurement contracts
for C-17 aircraft: Provided, That the duration of multiyear
contracts awarded under the authority of this subsection may
be for a period not to exceed seven program years,
notwithstanding section 2306b(k) of title 10, United States
Code: Provided further, That the funds referred to in this
subsection also may be used for advance procurement for up to
ten C-17 aircraft in fiscal year 1997: Provided further, That
the advance procurement funds referred to in this subsection
may be used to fund Economic Order Quantities for up to
eighty aircraft.
(b) Immediately upon enactment of this Act, the Secretary
of Defense shall enter into negotiations with the C-17
aircraft and engine prime contractors for a baseline fixed
price contract for multiyear procurement of eighty C-17
aircraft over a period of seven program years, and
alternatives for multiyear procurement of eighty C-17
aircraft over a period of six program years.
(c) The authority to award a multiyear contract as provided
in subsection (a) shall not be effective until the Secretary
of Defense certifies to the Congressional defense committees
that the Air Force will realize a savings of more than 5
percent in the total flyaway price for the eighty C-17
aircraft under a C-17 multiyear contract as compared to
annual lot procurement of the aircraft at the maximum
affordable rate profile approved in the November 3, 1995,
Acquisition Decision Memorandum: Provided, That these savings
shall exceed the estimates presented in the ``Multiyear
Procurement Criteria Program: C-17'' documents submitted
pursuant to the request for a fiscal year 1996 supplemental
appropriation transmitted to the Congress.
(d) The authority under subsection (a) may not be used to
execute a multiyear procurement contract until the earlier of
(1) May 24, 1996, or (2) the day after the date of the
enactment of an Act that contains a provision authorizing the
Department of Defense to enter into a multiyear contract for
the C-17 aircraft program.
(e) Not later than May 24, 1996, the Secretary of Defense
shall submit to the Congressional defense committees a report
providing a detailed program plan for the six-year multiyear
procurement program; such report also shall include the
latest estimate of any additional savings potentially
generated from such an accelerated multiyear procurement of
C-17 aircraft.
Sec. 2704. In addition to the amounts made available in
Public Law 104-61 under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'', $50,000,000 is hereby
appropriated and made available to continue the activities of
the semiconductor manufacturing consortium known as Sematech.
(transfer of funds)
Sec. 2705. Of the funds appropriated in title II of Public
Law 104-61, under the heading ``Overseas Humanitarian,
Disaster, and Civic Aid'', for training and activities
related to the clearing of landmines for humanitarian
purposes, up to $15,000,000 may be transferred to ``Operation
and Maintenance, Defense-Wide'', to be available for the
payment of travel, transportation and subsistence expenses of
Department of Defense personnel incurred in carrying out
humanitarian assistance activities related to the detection
and clearance of landmines.
Sec. 2706. Notwithstanding any other provision of law,
$15,000,000 of the amount made available in title II, under
the heading ``Operation and Maintenance, Army'' in Public Law
104-61 shall be paid to National Presto Industries, Inc. for
the purpose of environmental restoration at the National
Presto Industries, Inc. site in Eau Claire, Wisconsin, in
recognition of the 1988 Agreement between the Department of
the Army and National Presto Industries, Inc.
Sec. 2707. (a)(1) Section 1177 of title 10, United States
Code, relating to mandatory discharge or retirement of
members of the Armed Forces infected with HIV-1 virus, is
repealed.
[[Page 969]]
(2) The table of sections at the beginning of chapter 59 of
such title is amended by striking out the item relating to
section 1177.
(b) Subsection (b) of section 567 of the National Defense
Authorization Act for Fiscal Year 1996 is repealed.
Sec. 2708. In addition to the amounts made available in
title II of Public Law 104-61, under the heading ``Operation
and Maintenance, Air Force'', $44,900,000 is hereby
appropriated and made available for the operation and
maintenance of 94 B-52H bomber aircraft in active status or
in attrition reserve.
Sec. 2709. In addition to the amounts made available in
title IV of Public Law 104-61, under the heading ``Research,
Development, Test and Evaluation, Navy'', $10,000,000 is
hereby appropriated and made available for Shallow Water Mine
Countermeasure Demonstrations, of which $5,000,000 shall be
made available for the Advanced Lightweight Influence Sweep
System Development program.
(transfer of funds)
Sec. 2710. Of the funds appropriated or otherwise made
available in title VI of Public Law 104-61, under the heading
``Defense Health Program'', $8,000,000 are transferred to and
merged with funds appropriated or otherwise made available
under title IV of that Act under the heading ``Research,
Development, Test and Evaluation, Army'' and shall be
available only for obligation and expenditure for advanced
research into neurofibromatosis.
Sec. 2711. Of the funds available to the Department of
Defense in title VI, Public Law 104-61, under the heading
``Drug Interdiction and Counter-Drug Activities, Defense'',
$220,000 shall be made available only for the procurement of
Kevlar vests for personal protection of counter-drug
personnel: Provided, That notwithstanding any other provision
of law, the Department is authorized to transfer these Kevlar
vests to local counter-drug personnel in high crime areas.
Sec. 2712. Before the period at the end of Section 8105 of
Public Law 104-61, insert the following: ``: Provided, That
the Department of Defense shall release to the Department of
the Air Force all such funds not later than May 31, 1996, and
the Air Force shall obligate all such funds in compliance
with this section not later than June 30, 1996''.
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
PAYMENTS TO AIR CARRIERS
The first proviso under the head ``Payments to Air
Carriers'' in Title I of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-
50), is amended to read as follows: ``Provided, That none of
the funds in this Act shall be available for the
implementation or execution of programs in excess of
$22,600,000 from the Airport and Airway Trust Fund for the
Payments to Air Carriers program in fiscal year 1996:''.
Federal Highway Administration
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
For the Emergency Fund authorized by 23 U.S.C. 125 to cover
expenses arising from the January 1996 flooding in the Mid-
Atlantic, Northeast, and Northwest States and other
disasters, $300,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That
the entire amount shall be available only to the extent that
an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the provisions of 23 U.S.C.
125(b)(1) shall not apply to projects relating to the January
1996 flooding in the Mid-Atlantic, Northeast, and Northwest
States.
Federal Transit Administration
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For an additional amount for payment of obligations
incurred in carrying out 49 U.S.C. 5338(b) administered by
the Federal Transit Administration, $375,000,000, to be
derived from the Highway Trust Fund and to remain available
until expended.
OTHER INDEPENDENT AGENCIES
Panama Canal Commission
panama canal revolving fund
For an additional amount for administrative expenses,
$2,000,000, to be derived from the Panama Canal Revolving
Fund.
General Provisions
Sec. 2801. Notwithstanding any other provision of law,
limitations deducted pursuant to the provisions of Section
310 of the Department of Transportation and Related Agencies
Appropriations Act, 1996, for discretionary programs and the
limitation on general operating expenses for both annual and
no-year programs, not to exceed $28,000,000 shall be
available for making obligations for construction of a new
Hannibal Bridge in Hannibal, Missouri; Provided further, That
such limitation shall be restored to categories from which it
was transferred before making redistribution of obligation in
August of 1996 as provided by Section 310 of the Act.
Sec. 2802. Notwithstanding any other provision of law, of
the funds identified for distribution to the State of Vermont
and the Marble Valley Regional Transit District in the matter
under the heading ``highway trust fund'', under the heading
``limitation on obligations'', under the heading
``Discretionary Grants'' in the explanatory statement for the
conference report to accompany H.R. 2002. House of
Representatives report numbered 104-286, an amount not to
exceed $3,500,000 may be used for improvements to support
commuter rail operations on the Clarendon-Pittsford rail line
between White Hall, New York, and Rutland, Vermont.
Sec. 2803. In amending parts 119, 121, 125, or 135 of title
14, Code of Federal Regulations in a manner affecting
intrastate aviation in Alaska, the Administrator of the
Federal Aviation Administration shall consider the extent to
which Alaska is not served by transportation modes other than
aviation, and shall establish such regulatory distinctions as
the Administrator deems appropriate effective through June 1,
1997.
Sec. 2804. Notwithstanding any other provision of law,
$23,909,325 funds made available under Public Law 103-122
together with $21,534,347 funds made available under Public
Law 103-331 for the ``Chicago Central Area Circulator
Project'' shall be available only for the purposes of
constructing a 5.2 mile light rail loop within the downtown
Chicago business district as described in the full funding
grant agreement signed on December 15, 1994, and shall not be
available for any other purposes.
CHAPTER 9
TREASURY, POSTAL SERVICE AND
GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses,''
$3,400,000.
GENERAL PROVISIONS
Sec. 2901. Title I of Public Law 104-52 is hereby amended
by deleting ``' not to exceed $1,406,000,'' under the heading
``customs services at small airports''.
Sec. 2902. Title I of Public Law 104-52 is hereby amended
by adding the following new section under the heading
``administrative provisions--internal revenue service'';
``Sec. 3. The funds provided in this Act shall be used to
provide a level of service, staffing, and funding for
Taxpayer Services Division operations which is not less than
that provided in fiscal year 1995.''.
Sec. 2903. Title III of Public Law 104-52 is hereby amended
by adding the following proviso before the last period under
the heading ``office of national drug control policy,
salaries and expenses'': ``: Provided, That of the amounts
available to the Counter-Drug Technology Assessment Center,
no less than $1,000,000 shall be dedicated to conferences on
model state drug laws''.
SEC. 2904. COMPOSITION OF NATIONAL COMMISSION ON
RESTRUCTURING THE INTERNAL REVENUE SERVICE.
(a) In General.--Section 637(b)(2) of the Treasury, Postal
Service, and General Government Appropriations Act, 1996
(Public Law 104-52, 109 Stat. 509) is amended--
(1) by striking ``thirteen'' and inserting ``seventeen'',
and
(2) in subparagraphs (B) and (D)--
(A) by striking ``Two'' and inserting ``Four'', and
(B) by striking ``one from private life'' and inserting
``three from private life''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Treasury, Postal Service, and General Government
Appropriations Act, 1996.
CHAPTER 10
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT AND
INDEPENDENT AGENCIES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
Community Development Grants
For an additional amount for ``Community development
grants'', $50,000,000, to remain available until September
30, 1998, for emergency expenses and repairs related to
recent Presidentially declared flood disasters, including up
to $10,000,000 which may be for rental subsidy contracts
under the section 8 existing housing certificate program and
the housing voucher program under section 8 of the United
States Housing Act of 1937, as amended, except that such
amount shall be available only for temporary housing
assistance, not in excess of one year in duration, and shall
not be subject to renewal: Provided, That the entire amount
shall be available only to the extent that an official budget
request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire
[[Page 970]]
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
Of the funds made available under this heading in Public
Law 104-19 up to $104,000,000 may be transferred to the
Disaster Assistance Direct Loan Program Account for the cost
of direct loans as authorized under section 417 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That such transfer may be
made to subsidize gross obligations for the principal amount
of direct loans not to exceed $119,000,000 under section 417
of the Stafford Act: Provided further, That any such transfer
of funds shall be made only upon certification by the
Director of the Federal Emergency Management Agency that all
requirements of section 417 of the Stafford Act will be
complied with: Provided further, That the entire amount of
this appropriation shall be available only to the extent that
an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISIONS
Sec. 21101. In administering funds provided in this title
for domestic assistance, the Secretary of any involved
department may waive or specify alternative requirements for
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the
Secretary or any use of the recipient of these funds, except
for the requirement related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon
finding that such waiver is required to facilitate the
obligation and use of such funds would not be inconsistent
with the overall purpose of the statute or regulation.
Sec. 21102. No part of any appropriation contained in this
title shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
Sec. 21103. Notwithstanding section 106 of Public Law 104-
99, sections 118, 121, and 129 of Public Law 104-99 shall
remain in effect as if enacted as part of this Act.
Sec. 21104. The President may make available funds for
assistance activities under titles II and IV of P.L. 104-107,
beginning immediately upon enactment of this Act and without
regard to monthly apportionment limitations, notwithstanding
the provisions of section 518A of such Act, if he determines
and reports to the Congress that the effects of the
restrictions contained in that section would be that the
demand for family planning services would be less likely to
be met and that there would be a significant increase in
abortions than would otherwise be the case in the absence of
such restrictions; Provided, That none of the funds
appropriated or otherwise made available in P.L. 104-107 may
be made available for obligation for the major foreign donor
federation of international population assistance except
through the regular notifications procedures of the
Committees on Appropriations.
This title may be cited as the ``Supplemental
Appropriations Act of 1996''.
TITLE III
RESCISSIONS AND OFFSETS
CHAPTER 1
ENERGY AND WATER DEVELOPMENT
Subchapter A--United States Enrichment Corporation Privatization
SEC. 3101. SHORT TITLE.
This subchapter may be cited as the ``USEC Privatization
Act''.
SEC. 3102. DEFINITIONS.
For purposes of this subchapter:
(1) The term ``AVLIS'' means atomic vapor laser isotope
separation technology.
(2) The term ``Corporation'' means the United States
Enrichment Corporation and, unless the context otherwise
requires, includes the private corporation and any successor
thereto following privatization.
(3) The term ``gaseous diffusion plants'' means the Paducah
Gaseous Diffusion Plant at Paducah, Kentucky and the
Portsmouth Gaseous Diffusion Plant at Piketon, Ohio.
(4) The term ``highly enriched uranium'' means uranium
enriched to 20 percent or more of the uranium-235 isotope.
(5) The term ``low-enriched uranium'' means uranium
enriched to less than 20 percent of the uranium-235 isotope,
including that which is derived from highly enriched uranium.
(6) The term ``low-level radioactive waste'' has the
meaning given such term in section 2(9) of the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021b(9)).
(7) The term ``private corporation'' means the corporation
established under section 3105.
(8) The term ``privatization'' means the transfer of
ownership of the Corporation to private investors.
(9) The term ``privatization date'' means the date on which
100 percent of the ownership of the Corporation has been
transferred to private investors.
(10) The term ``public offering'' means an underwritten
offering to the public of the common stock of the private
corporation pursuant to section 3104.
(11) The ``Russian HEU Agreement'' means the Agreement
Between the Government of the United States of America and
the Government of the Russian Federation Concerning the
Disposition of Highly Enriched Uranium Extracted from Nuclear
Weapons, dated February 18, 1993.
(12) The term ``Secretary'' means the Secretary of Energy.
(13) The ``Suspension Agreement'' means the Agreement to
Suspend the Antidumping Investigation on Uranium from the
Russian Federation, as amended.
(14) The term ``uranium enrichment'' means the separation
of uranium of a given isotopic content into 2 components, 1
having a higher percentage of a fissile isotope and 1 having
a lower percentage.
SEC. 3103. SALE OF THE CORPORATION.
(a) Authorization.--The Board of Directors of the
Corporation, with the approval of the Secretary of the
Treasury, shall transfer the interest of the United States in
the United States Enrichment Corporation to the private
sector in a manner that provides for the long-term viability
of the Corporation, provides for the continuation by the
Corporation of the operation of the Department of Energy's
gaseous diffusion plants, provides for the protection of the
public interest in maintaining a reliable and economical
domestic source of uranium mining, enrichment and conversion
services, and, to the extent not inconsistent with such
purposes, secures the maximum proceeds to the United States.
(b) Proceeds.--Proceeds from the sale of the United States'
interest in the Corporation shall be deposited in the general
fund of the Treasury.
SEC. 3104. METHOD OF SALE.
(a) Authorization.--The Board of Directors of the
Corporation, with the approval of the Secretary of the
Treasury, shall transfer ownership of the assets and
obligations of the Corporation to the private corporation
established under section 3105 (which may be consummated
through a merger or consolidation effected in accordance
with, and having the effects provided under, the law of the
State of incorporation of the private corporation, as if the
Corporation were incorporated thereunder).
(b) Board Determination.--The Board, with the approval of
the Secretary of the Treasury, shall select the method of
transfer and establish terms and conditions for the transfer
that will provide the maximum proceeds to the Treasury of the
United States and will provide for the long-term viability of
the private corporation, the continued operation of the
gaseous diffusion plants, and the public interest in
maintaining reliable and economical domestic uranium mining
and enrichment industries.
(c) Adequate Proceeds.--The Secretary of the Treasury shall
not allow the privatization of the Corporation unless before
the sale date the Secretary of the Treasury determines that
the method of transfer will provide the maximum proceeds to
the Treasury consistent with the principles set forth in
section 3103(a).
(d) Application of Securities Laws.--Any offering or sale
of securities by the private corporation shall be subject to
the Securities Act of 1933 (15 U.S.C. 77a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and
the provisions of the Constitution and laws of any State,
territory, or possession of the United States relating to
transactions in securities.
(e) Expenses.--Expenses of privatization shall be paid from
Corporation revenue accounts in the United States Treasury.
SEC. 3105. ESTABLISHMENT OF PRIVATE CORPORATION.
(a) Incorporation.--(1) The directors of the Corporation
shall establish a private for-profit corporation under the
laws of a State for the purpose of receiving the assets and
obligations of the Corporation at privatization and
continuing the business operations of the Corporation
following privatization.
(2) The directors of the Corporation may serve as
incorporators of the private corporation and shall take all
steps necessary to establish the private corporation,
including the filing of articles of incorporation consistent
with the provisions of this subchapter.
(3) Employees and officers of the Corporation (including
members of the Board of Directors) acting in accordance with
this section on behalf of the private corporation shall be
deemed to be acting in their official capacities as employees
or officers of the Corporation for purposes of section 205 of
title 18, United States Code.
(b) Status of the Private Corporation.--(1) The private
corporation shall not be an agency, instrumentality, or
establishment of the United States, a Government corporation,
or a Government-controlled corporation.
(2) Except as otherwise provided by this subchapter,
financial obligations of the private corporation shall not be
obligations of, or guaranteed as to principal or interest by,
the Corporation or the United States, and the obligations
shall so plainly state.
(3) No action under section 1491 of title 28, United States
Code, shall be allowable against the United States based on
actions of the private corporation.
(c) Application of Post-Government Employment
Restrictions.--Beginning on the privatization date, the
restrictions stated in
[[Page 971]]
section 207 (a), (b), (c), and (d) of title 18, United States
Code, shall not apply to the acts of an individual done in
carrying out official duties as a director, officer, or
employee of the private corporation, if the individual was an
officer or employee of the Corporation (including a director)
continuously during the 45 days prior to the privatization
date.
(d) Dissolution.--In the event that the privatization does
not occur, the Corporation will provide for the dissolution
of the private corporation within 1 year of the private
corporation's incorporation unless the Secretary of the
Treasury or his delegate, upon the Corporation's request,
agrees to delay any such dissolution for an additional year.
SEC. 3106. TRANSFERS TO THE PRIVATE CORPORATION.
Concurrent with privatization, the Corporation shall
transfer to the private corporation--
(1) the lease of the gaseous diffusion plants in accordance
with section 3107,
(2) all personal property and inventories of the
Corporation,
(3) all contracts, agreements, and leases under section
3108(a),
(4) the Corporation's right to purchase power from the
Secretary under section 3108(b),
(5) such funds in accounts of the Corporation held by the
Treasury or on deposit with any bank or other financial
institution as approved by the Secretary of the Treasury, and
(6) all of the Corporation's records, including all of the
papers and other documentary materials, regardless of
physical form or characteristics, made or received by the
Corporation.
SEC. 3107. LEASING OF GASEOUS DIFFUSION FACILITIES.
(a) Transfer of Lease.--Concurrent with privatization, the
Corporation shall transfer to the private corporation the
lease of the gaseous diffusion plants and related property
for the remainder of the term of such lease in accordance
with the terms of such lease.
(b) Renewal.--The private corporation shall have the
exclusive option to lease the gaseous diffusion plants and
related property for additional periods following the
expiration of the initial term of the lease.
(c) Exclusion of Facilities for Production of Highly
Enriched Uranium.--The Secretary shall not lease to the
private corporation any facilities necessary for the
production of highly enriched uranium but may, subject to the
requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.), grant the Corporation access to such facilities for
purposes other than the production of highly enriched
uranium.
(d) DOE Responsibility for Preexisting Conditions.--The
payment of any costs of decontamination and decommissioning,
response actions, or corrective actions with respect to
conditions existing before July 1, 1993, at the gaseous
diffusion plants shall remain the sole responsibility of the
Secretary.
(e) Environmental Audit.--For purposes of subsection (d),
the conditions existing before July 1, 1993, at the gaseous
diffusion plants shall be determined from the environmental
audit conducted pursuant to section 1403(e) of the Atomic
Energy Act of 1954 (42 U.S.C. 2297c-2(e)).
(f) Treatment Under Price-Anderson Provisions.--Any lease
executed between the Secretary and the Corporation or the
private corporation, and any extension or renewal thereof,
under this section shall be deemed to be a contract for
purposes of section 170d. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(d)).
(g) Waiver of EIS Requirement.--The execution or transfer
of the lease between the Secretary and the Corporation or the
private corporation, and any extension or renewal thereof,
shall not be considered to be a major Federal action
significantly affecting the quality of the human environment
for purposes of section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332).
SEC. 3108. TRANSFER OF CONTRACTS.
(a) Transfer of Contracts.--Concurrent with privatization,
the Corporation shall transfer to the private corporation all
contracts, agreements, and leases, including all uranium
enrichment contracts, that were--
(1) transferred by the Secretary to the Corporation
pursuant to section 1401(b) of the Atomic Energy Act of 1954
(42 U.S.C. 2297c(b)), or
(2) entered into by the Corporation before the
privatization date.
(b) Nontransferable Power Contracts.--The Corporation shall
transfer to the private corporation the right to purchase
power from the Secretary under the power purchase contracts
for the gaseous diffusion plants executed by the Secretary
before July 1, 1993. The Secretary shall continue to receive
power for the gaseous diffusion plants under such contracts
and shall continue to resell such power to the private
corporation at cost during the term of such contracts.
(c) Effect of Transfer.--(1) Notwithstanding subsection
(a), the United States shall remain obligated to the parties
to the contracts, agreements, and leases transferred under
subsection (a) for the performance of its obligations under
such contracts, agreements, or leases during their terms.
Performance of such obligations by the private corporation
shall be considered performance by the United States.
(2) If a contract, agreement, or lease transferred under
subsection (a) is terminated, extended, or materially amended
after the privatization date--
(A) the private corporation shall be responsible for any
obligation arising under such contract, agreement, or lease
after any extension or material amendment, and
(B) the United States shall be responsible for any
obligation arising under the contract, agreement, or lease
before the termination, extension, or material amendment.
(3) The private corporation shall reimburse the United
States for any amount paid by the United States under a
settlement agreement entered into with the consent of the
private corporation or under a judgment, if the settlement or
judgment--
(A) arises out of an obligation under a contract,
agreement, or lease transferred under subsection (a), and
(B) arises out of actions of the private corporation
between the privatization date and the date of a termination,
extension, or material amendment of such contract, agreement,
or lease.
(d) Pricing.--The Corporation may establish prices for its
products, materials, and services provided to customers on a
basis that will allow it to attain the normal business
objectives of a profit making corporation.
SEC. 3109. LIABILITIES.
(a) Liability of the United States.--(1) Except as
otherwise provided in this subchapter, all liabilities
arising out of the operation of the uranium enrichment
enterprise before July 1, 1993, shall remain the direct
liabilities of the Secretary.
(2) Except as provided in subsection (a)(3) or otherwise
provided in a memorandum of agreement entered into by the
Corporation and the Office of Management and Budget prior to
the privatization date, all liabilities arising out of the
operation of the Corporation between July 1, 1993, and the
privatization date shall remain the direct liabilities of the
United States.
(3) All liabilities arising out of the disposal of depleted
uranium generated by the Corporation between July 1, 1993,
and the privatization date shall become the direct
liabilities of the Secretary.
(4) Any stated or implied consent for the United States, or
any agent or officer of the United States, to be sued by any
person for any legal, equitable, or other relief with respect
to any claim arising from any action taken by any agent or
officer of the United States in connection with the
privatization of the Corporation is hereby withdrawn.
(5) To the extent that any claim against the United States
under this section is of the type otherwise required by
Federal statute or regulation to be presented to a Federal
agency or official for adjudication or review, such claim
shall be presented to the Department of Energy in accordance
with procedures to be established by the Secretary. Nothing
in this paragraph shall be construed to impose on the
Department of Energy liability to pay any claim presented
pursuant to this paragraph.
(6) The Attorney General shall represent the United States
in any action seeking to impose liability under this
subsection.
(b) Liability of the Corporation.--Notwithstanding any
provision of any agreement to which the Corporation is a
party, the Corporation shall not be considered in breach,
default, or violation of any agreement because of the
transfer of such agreement to the private corporation under
section 3108 or any other action the Corporation is required
to take under this subchapter.
(c) Liability of the Private Corporation.--Except as
provided in this subchapter, the private corporation shall be
liable for any liabilities arising out of its operations
after the privatization date.
(d) Liability of Officers and Directors.--(1) No officer,
director, employee, or agent of the Corporation shall be
liable in any civil proceeding to any party in connection
with any action taken in connection with the privatization
if, with respect to the subject matter of the action, suit,
or proceeding, such person was acting within the scope of his
employment.
(2) This subsection shall not apply to claims arising under
the Securities Act of 1933 (15 U.S.C. 77a. et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or
under the Constitution or laws of any State, territory, or
possession of the United States relating to transactions in
securities.
SEC. 3110. EMPLOYEE PROTECTIONS.
(a) Contractor Employees.--(1) Privatization shall not
diminish the accrued, vested pension benefits of employees of
the Corporation's operating contractor at the two gaseous
diffusion plants.
(2) In the event that the private corporation terminates or
changes the contractor at either or both of the gaseous
diffusion plants, the plan sponsor or other appropriate
fiduciary of the pension plan covering employees of the prior
operating contractor shall arrange for the transfer of all
plan assets and liabilities relating to accrued pension
benefits of such plan's participants and beneficiaries from
such plant to a pension plan sponsored by the new contractor
or the private corporation or a joint labor-management plan,
as the case may be.
(3) In addition to any obligations arising under the
National Labor Relations Act (29 U.S.C. 151 et seq.), any
employer (including the private corporation if it operates a
gaseous diffusion plant without a contractor or any
contractor of the private corporation) at a gaseous diffusion
plant shall--
(A) abide by the terms of any unexpired collective
bargaining agreement covering employees in bargaining units
at the plant and in effect on the privatization date until
[[Page 972]]
the stated expiration or termination date of the agreement;
or
(B) in the event a collective bargaining agreement is not
in effect upon the privatization date, have the same
bargaining obligations under section 8(d) of the National
Labor Relations Act (29 U.S.C. 158(d)) as it had immediately
before the privatization date.
(4) If the private corporation replaces its operating
contractor at a gaseous diffusion plant, the new employer
(including the new contractor or the private corporation if
it operates a gaseous diffusion plant without a contractor)
shall--
(A) offer employment to non-management employees of the
predecessor contractor to the extent that their jobs still
exist or they are qualified for new jobs, and
(B) abide by the terms of the predecessor contractor's
collective bargaining agreement until the agreement expires
or a new agreement is signed.
(5) In the event of a plant closing or mass layoff (as such
terms are defined in section 2101(a) (2) and (3) of title 29,
United States Code) at either of the gaseous diffusion
plants, the Secretary of Energy shall treat any adversely
affected employee of an operating contractor at either plant
who was an employee at such plant on July 1, 1993, as a
Department of Energy employee for purposes of sections 3161
and 3162 of the National Defense Authorization Act for Fiscal
Year 1993 (42 U.S.C. 7274h-7274i).
(6)(A) The Secretary and the private corporation shall
cause the post-retirement health benefits plan provider (or
its successor) to continue to provide benefits for eligible
persons, as described under subparagraph (B), employed by an
operating contractor at either of the gaseous diffusion
plants in an economically efficient manner and at
substantially the same level of coverage as eligible retirees
are entitled to receive on the privatization date.
(B) Persons eligible for coverage under subparagraph (A)
shall be limited to:
(i) persons who retired from active employment at one of
the gaseous diffusion plants on or before the privatization
date as vested participants in a pension plan maintained
either by the Corporation's operating contractor or by a
contractor employed prior to July 1, 1993, by the Department
of Energy to operate a gaseous diffusion plant; and
(ii) persons who are employed by the Corporation's
operating contractor on or before the privatization date and
are vested participants in a pension plan maintained either
by the Corporation's operating contractor or by a contractor
employed prior to July 1, 1993, by the Department of Energy
to operate a gaseous diffusion plant.
(C) The Secretary shall fund the entire cost of post-
retirement health benefits for persons who retired from
employment with an operating contractor prior to July 1,
1993.
(D) The Secretary and the Corporation shall fund the cost
of post-retirement health benefits for persons who retire
from employment with an operating contractor on or after July
1, 1993, in proportion to the retired person's years and
months of service at a gaseous diffusion plant under their
respective management.
(7)(A) Any suit under this subsection alleging a violation
of an agreement between an employer and a labor organization
shall be brought in accordance with section 301 of the Labor
Management Relations Act (29 U.S.C. 185).
(B) Any charge under this subsection alleging an unfair
labor practice violative of section 8 of the National Labor
Relations Act (29 U.S.C. 158) shall be pursued in accordance
with section 10 of the National Labor Relations Act (29
U.S.C. 160).
(C) Any suit alleging a violation of any provision of this
subsection, to the extent it does not allege a violation of
the National Labor Relations Act, may be brought in any
district court of the United States having jurisdiction over
the parties, without regard to the amount in controversy or
the citizenship of the parties.
(b) Former Federal Employees.--(1)(A) An employee of the
Corporation that was subject to either the Civil Service
Retirement System (referred to in this section as ``CSRS'')
or the Federal Employees' Retirement System (referred to in
this section as ``FERS'') on the day immediately preceding
the privatization date shall elect--
(i) to retain the employee's coverage under either CSRS or
FERS, as applicable, in lieu of coverage by the Corporation's
retirement system, or
(ii) to receive a deferred annuity or lump-sum benefit
payable to a terminated employee under CSRS or FERS, as
applicable.
(B) An employee that makes the election under subparagraph
(A)(ii) shall have the option to transfer the balance in the
employee's Thrift Savings Plan account to a defined
contribution plan under the Corporation's retirement system,
consistent with applicable law and the terms of the
Corporation's defined contribution plan.
(2) The Corporation shall pay to the Civil Service
Retirement and Disability Fund--
(A) such employee deductions and agency contributions as
are required by sections 8334, 8422, and 8423 of title 5,
United States Code, for those employees who elect to retain
their coverage under either CSRS or FERS pursuant to
paragraph (1);
(B) such additional agency contributions as are determined
necessary by the Office of Personnel Management to pay, in
combination with the sums under subparagraph (A), the
``normal cost'' (determined using dynamic assumptions) of
retirement benefits for those employees who elect to retain
their coverage under CSRS pursuant to paragraph (1), with the
concept of ``normal cost'' being used consistent with
generally accepted actuarial standards and principles; and
(C) such additional amounts, not to exceed two percent of
the amounts under subparagraphs (A) and (B), as are
determined necessary by the Office of Personnel Management to
pay the cost of administering retirement benefits for
employees who retire from the Corporation after the
privatization date under either CSRS or FERS, for their
survivors, and for survivors of employees of the Corporation
who die after the privatization date (which amounts shall be
available to the Office of Personnel Management as provided
in section 8348(a)(1)(B) of title 5, United States Code).
(3) The Corporation shall pay to the Thrift Savings Fund
such employee and agency contributions as are required by
section 8432 of title 5, United States Code, for those
employees who elect to retain their coverage under FERS
pursuant to paragraph (1).
(4) Any employee of the Corporation who was subject to the
Federal Employee Health Benefits Program (referred to in this
section as ``FEHBP'') on the day immediately preceding the
privatization date and who elects to retain coverage under
either CSRS or FERS pursuant to paragraph (1) shall have the
option to receive health benefits from a health benefit plan
established by the Corporation or to continue without
interruption coverage under the FEHBP, in lieu of coverage by
the Corporation's health benefit system.
(5) The Corporation shall pay to the Employees Health
Benefits Fund--
(A) such employee deductions and agency contributions as
are required by section 8906 (a)-(f) of title 5, United
States Code, for those employees who elect to retain their
coverage under FEHBP pursuant to paragraph (4); and
(B) such amounts as are determined necessary by the Office
of Personnel Management under paragraph (6) to reimburse the
Office of Personnel Management for contributions under
section 8906(g)(1) of title 5, United States Code, for those
employees who elect to retain their coverage under FEHBP
pursuant to paragraph (4).
(6) The amounts required under paragraph (5)(B) shall pay
the Government contributions for retired employees who retire
from the Corporation after the privatization date under
either CSRS or FERS, for survivors of such retired employees,
and for survivors of employees of the Corporation who die
after the privatization date, with said amounts prorated to
reflect only that portion of the total service of such
employees and retired persons that was performed for the
Corporation after the privatization date.
SEC. 3111. OWNERSHIP LIMITATIONS.
(a) Securities Limitations.--No director, officer, or
employee of the Corporation may acquire any securities, or
any rights to acquire any securities of the private
corporation on terms more favorable than those offered to the
general public--
(1) in a public offering designed to transfer ownership of
the Corporation to private investors,
(2) pursuant to any agreement, arrangement, or
understanding entered into before the privatization date, or
(3) before the election of the directors of the private
corporation.
(b) Ownership Limitation.--Immediately following the
consummation of the transaction or series of transactions
pursuant to which 100 percent of the ownership of the
Corporation is transferred to private investors, and for a
period of three years thereafter, no person may acquire,
directly or indirectly, beneficial ownership of securities
representing more than 10 percent of the total votes of all
outstanding voting securities of the Corporation. The
foregoing limitation shall not apply to--
(1) any employee stock ownership plan of the Corporation,
(2) members of the underwriting syndicate purchasing shares
in stabilization transactions in connection with the
privatization, or
(3) in the case of shares beneficially held in the ordinary
course of business for others, any commercial bank, broker-
dealer, or clearing agency.
SEC. 3112. URANIUM TRANSFERS AND SALES.
(a) Transfers and Sales by the Secretary.--The Secretary
shall not provide enrichment services or transfer or sell any
uranium (including natural uranium concentrates, natural
uranium hexafluoride, or enriched uranium in any form) to any
person except as consistent with this section.
(b) Russian HEU.--(1) On or before December 31, 1996, the
United States Executive Agent under the Russian HEU Agreement
shall transfer to the Secretary without charge title to an
amount of uranium hexafluoride equivalent to the natural
uranium component of low-enriched uranium derived from at
least 18 metric tons of highly enriched uranium purchased
from the Russian Executive Agent under the Russian HEU
Agreement. The quantity of such uranium hexafluoride
delivered to the Secretary shall be based on a tails assay of
0.30 U\235\. Uranium hexafluoride transferred to the
Secretary pursuant to this paragraph shall be deemed under
United States law for all purposes to be of Russian origin.
(2) Within 7 years of the date of enactment of this Act,
the Secretary shall sell, and receive payment for, the
uranium hexafluoride transferred to the Secretary pursuant to
paragraph (1). Such uranium hexafluoride shall be sold--
[[Page 973]]
(A) at any time for use in the United States for the
purpose of overfeeding;
(B) at any time for end use outside the United States;
(C) in 1995 and 1996 to the Russian Executive Agent at the
purchase price for use in matched sales pursuant to the
Suspension Agreement; or,
(D) in calendar year 2001 for consumption by end users in
the United States not prior to January 1, 2002, in volumes
not to exceed 3,000,000 pounds U3O8
equivalent per year.
(3) With respect to all enriched uranium delivered to the
United States Executive Agent under the Russian HEU Agreement
on or after January 1, 1997, the United States Executive
Agent shall, upon request of the Russian Executive Agent,
enter into an agreement to deliver concurrently to the
Russian Executive Agent an amount of uranium hexafluoride
equivalent to the natural uranium component of such uranium.
An agreement executed pursuant to a request of the Russian
Executive Agent, as contemplated in this paragraph, may
pertain to any deliveries due during any period remaining
under the Russian HEU Agreement. The quantity of such uranium
hexafluoride delivered to the Russian Executive Agent shall
be based on a tails assay of 0.30 U\235\. Title to uranium
hexafluoride delivered to the Russian Executive Agent
pursuant to this paragraph shall transfer to the Russian
Executive Agent upon delivery of such material to the Russian
Executive Agent, with such delivery to take place at a North
American facility designated by the Russian Executive Agent.
Uranium hexafluoride delivered to the Russian Executive Agent
pursuant to this paragraph shall be deemed under U.S. law for
all purposes to be of Russian origin. Such uranium
hexafluoride may be sold to any person or entity for delivery
and use in the United States only as permitted in subsections
(b)(5), (b)(6) and (b)(7) of this section.
(4) In the event that the Russian Executive Agent does not
exercise its right to enter into an agreement to take
delivery of the natural uranium component of any low-enriched
uranium, as contemplated in paragraph (3), within 90 days of
the date such low-enriched uranium is delivered to the United
States Executive Agent, or upon request of the Russian
Executive Agent, then the United States Executive Agent shall
engage an independent entity through a competitive selection
process to auction an amount of uranium hexafluoride or
U3O8 (in the event that the conversion
component of such hexafluoride has previously been sold)
equivalent to the natural uranium component of such low-
enriched uranium. An agreement executed pursuant to a request
of the Russian Executive Agent, as contemplated in this
paragraph, may pertain to any deliveries due during any
period remaining under the Russian HEU Agreement. Such
independent entity shall sell such uranium hexafluoride in
one or more lots to any person or entity to maximize the
proceeds from such sales, for disposition consistent with the
limitations set forth in this subsection. The independent
entity shall pay to the Russian Executive Agent the proceeds
of any such auction less all reasonable transaction and other
administrative costs. The quantity of such uranium
hexafluoride auctioned shall be based on a tails assay of
0.30 U\235\. Title to uranium hexafluoride auctioned pursuant
to this paragraph shall transfer to the buyer of such
material upon delivery of such material to the buyer. Uranium
hexafluoride auctioned pursuant to this paragraph shall be
deemed under United States law for all purposes to be of
Russian origin.
(5) Except as provided in paragraphs (6) and (7), uranium
hexafluoride delivered to the Russian Executive Agent under
paragraph (3) or auctioned pursuant to paragraph (4), may not
be delivered for consumption by end users in the United
States either directly or indirectly prior to January 1,
1998, and thereafter only in accordance with the following
schedule:
Annual Maximum Deliveries to End Users
(millions lbs. U3O8
Year: equivalent)
1998...............................................................2
1999...............................................................4
2000...............................................................6
2001...............................................................8
2002..............................................................10
2003..............................................................12
2004..............................................................14
2005..............................................................16
2006..............................................................17
2007..............................................................18
2008..............................................................19
2009 and each year thereafter.....................................20.
(6) Uranium hexafluoride delivered to the Russian Executive
Agent under paragraph (3) or auctioned pursuant to paragraph
(4) may be sold at any time as Russian-origin natural uranium
in a matched sale pursuant to the Suspension Agreement, and
in such case shall not be counted against the annual maximum
deliveries set forth in paragraph (5).
(7) Uranium hexafluoride delivered to the Russian Executive
Agent under paragraph (3) or auctioned pursuant to paragraph
(4) may be sold at any time for use in the United States for
the purpose of overfeeding in the operations of enrichment
facilities.
(8) Nothing in this subsection (b) shall restrict the sale
of the conversion component of such uranium hexafluoride.
(9) The Secretary of Commerce shall have responsibility for
the administration and enforcement of the limitations set
forth in this subsection. The Secretary of Commerce may
require any person to provide any certifications,
information, or take any action that may be necessary to
enforce these limitations. The United States Customs Service
shall maintain and provide any information required by the
Secretary of Commerce and shall take any action requested by
the Secretary of Commerce which is necessary for the
administration and enforcement of the uranium delivery
limitations set forth in this section.
(10) The President shall monitor the actions of the United
States Executive Agent under the Russian HEU Agreement and
shall report to the Congress not later than December 31 of
each year on the effect the low-enriched uranium delivered
under the Russian HEU Agreement is having on the domestic
uranium mining, conversion, and enrichment industries, and
the operation of the gaseous diffusion plants. Such report
shall include a description of actions taken or proposed to
be taken by the President to prevent or mitigate any material
adverse impact on such industries or any loss of employment
at the gaseous diffusion plants as a result of the Russian
HEU Agreement.
(c) Transfers to the Corporation.--(1) The Secretary shall
transfer to the Corporation without charge up to 50 metric
tons of enriched uranium and up to 7,000 metric tons of
natural uranium from the Department of Energy's stockpile,
subject to the restrictions in subsection (c)(2).
(2) The Corporation shall not deliver for commercial end
use in the United States--
(A) any of the uranium transferred under this subsection
before January 1, 1998;
(B) more than 10 percent of the uranium (by uranium
hexafluoride equivalent content) transferred under this
subsection or more than 4,000,000 pounds, whichever is less,
in any calendar year after 1997; or
(C) more than 800,000 separative work units contained in
low-enriched uranium transferred under this subsection in any
calendar year.
(d) Inventory Sales.--(1) In addition to the transfers
authorized under subsections (c) and (e), the Secretary may,
from time to time, sell natural and low-enriched uranium
(including low-enriched uranium derived from highly enriched
uranium) from the Department of Energy's stockpile.
(2) Except as provided in subsections (b), (c), and (e), no
sale or transfer of natural or low-enriched uranium shall be
made unless--
(A) the President determines that the material is not
necessary for national security needs,
(B) the Secretary determines that the sale of the material
will not have an adverse material impact on the domestic
uranium mining, conversion, or enrichment industry, taking
into account the sales of uranium under the Russian HEU
Agreement and the Suspension Agreement, and
(C) the price paid to the Secretary will not be less than
the fair market value of the material.
(e) Government Transfers.--Notwithstanding subsection
(d)(2), the Secretary may transfer or sell enriched uranium--
(1) to a Federal agency if the material is transferred for
the use of the receiving agency without any resale or
transfer to another entity and the material does not meet
commercial specifications;
(2) to any person for national security purposes, as
determined by the Secretary; or
(3) to any State or local agency or nonprofit, charitable,
or educational institution for use other than the generation
of electricity for commercial use.
(f) Savings Provision.--Nothing in this subchapter shall be
read to modify the terms of the Russian HEU Agreement.
SEC. 3113. LOW-LEVEL WASTE.
(a) Responsibility of DOE.--(1) The Secretary, at the
request of the generator, shall accept for disposal low-level
radioactive waste, including depleted uranium if it were
ultimately determined to be low-level radioactive waste,
generated by--
(A) the Corporation as a result of the operations of the
gaseous diffusion plants or as a result of the treatment of
such wastes at a location other than the gaseous diffusion
plants, or
(B) any person licensed by the Nuclear Regulatory
Commission to operate a uranium enrichment facility under
sections 53, 63, and 193 of the Atomic Energy Act of 1954 (42
U.S.C. 2073, 2093, and 2243).
(2) Except as provided in paragraph (3), the generator
shall reimburse the Secretary for the disposal of low-level
radioactive waste pursuant to paragraph (1) in an amount
equal to the Secretary's costs, including a pro rata share of
any capital costs, but in no event more than an amount equal
to that which would be charged by commercial, State,
regional, or interstate compact entities for disposal of such
waste.
(3) In the event depleted uranium were ultimately
determined to be low-level radioactive waste, the generator
shall reimburse the Secretary for the disposal of depleted
uranium pursuant to paragraph (1) in an amount equal to the
Secretary's costs, including a pro rata share of any capital
costs.
(b) Agreements With Other Persons.--The generator may also
enter into agreements for the disposal of low-level
radioactive waste subject to subsection (a) with any person
other than the Secretary that is authorized by applicable
laws and regulations to dispose of such wastes.
(c) State or Interstate Compacts.--Notwithstanding any
other provision of law, no State or interstate compact shall
be liable for the treatment, storage, or disposal of any low-
level radioactive waste (including mixed
[[Page 974]]
waste) attributable to the operation, decontamination, and
decommissioning of any uranium enrichment facility.
SEC. 3114. AVLIS.
(a) Exclusive Right to Commercialize.--The Corporation
shall have the exclusive commercial right to deploy and use
any AVLIS patents, processes, and technical information owned
or controlled by the Government, upon completion of a royalty
agreement with the Secretary.
(b) Transfer of Related Property to Corporation.--
(1) In general.--To the extent requested by the Corporation
and subject to the requirements of the Atomic Energy Act of
1954 (42 U.S.C. 2011, et seq.), the President shall transfer
without charge to the Corporation all of the right, title, or
interest in and to property owned by the United States under
control or custody of the Secretary that is directly related
to and materially useful in the performance of the
Corporation's purposes regarding AVLIS and alternative
technologies for uranium enrichment, including--
(A) facilities, equipment, and materials for research,
development, and demonstration activities; and
(B) all other facilities, equipment, materials, processes,
patents, technical information of any kind, contracts,
agreements, and leases.
(2) Exception.--Facilities, real estate, improvements, and
equipment related to the gaseous diffusion, and gas
centrifuge, uranium enrichment programs of the Secretary
shall not transfer under paragraph (1)(B).
(3) Expiration of transfer authority.--The President's
authority to transfer property under this subsection shall
expire upon the privatization date.
(c) Liability for Patent and Related Claims.--With respect
to any right, title, or interest provided to the Corporation
under subsection (a) or (b), the Corporation shall have sole
liability for any payments made or awards under section 157
b. (3) of the Atomic Energy Act of 1954 (42 U.S.C.
2187(b)(3)), or any settlements or judgments involving claims
for alleged patent infringement. Any royalty agreement under
subsection (a) of this section shall provide for a reduction
of royalty payments to the Secretary to offset any payments,
awards, settlements, or judgments under this subsection.
SEC. 3115. APPLICATION OF CERTAIN LAWS.
(a) OSHA.--(1) As of the privatization date, the private
corporation shall be subject to and comply with the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.).
(2) The Nuclear Regulatory Commission and the Occupational
Safety and Health Administration shall, within 90 days after
the date of enactment of this Act, enter into a memorandum of
agreement to govern the exercise of their authority over
occupational safety and health hazards at the gaseous
diffusion plants, including inspection, investigation,
enforcement, and rulemaking relating to such hazards.
(b) Antitrust Laws.--For purposes of the antitrust laws,
the performance by the private corporation of a ``matched
import'' contract under the Suspension Agreement shall be
considered to have occurred prior to the privatization date,
if at the time of privatization, such contract had been
agreed to by the parties in all material terms and confirmed
by the Secretary of Commerce under the Suspension Agreement.
(c) Energy Reorganization Act Requirements.--(1) The
private corporation and its contractors and subcontractors
shall be subject to the provisions of section 211 of the
Energy Reorganization Act of 1974 (42 U.S.C. 5851) to the
same extent as an employer subject to such section.
(2) With respect to the operation of the facilities leased
by the private corporation, section 206 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5846) shall apply to
the directors and officers of the private corporation.
SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT.
(a) Repeal.--(1) Chapters 22 through 26 of the Atomic
Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as
of the privatization date.
(2) The table of contents of such Act is amended as of the
privatization date by striking the items referring to
sections repealed by paragraph (1).
(b) NRC Licensing.--(1) Section 11v. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014v.) is amended by striking ``or
the construction and operation of a uranium enrichment
facility using Atomic Vapor Laser Isotope Separation
technology''.
(2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C.
2243) is amended by adding at the end the following:
``(f) Limitation.--No license or certificate of compliance
may be issued to the United States Enrichment Corporation or
its successor under this section or sections 53, 63, or 1701,
if the Commission determines that--
``(1) the Corporation is owned, controlled, or dominated by
an alien, a foreign corporation, or a foreign government; or
``(2) the issuance of such a license or certificate of
compliance would be inimical to--
``(A) the common defense and security of the United States;
or
``(B) the maintenance of a reliable and economical domestic
source of enrichment services.''.
(3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42
U.S.C. 2297f(c)(2)) is amended to read as follows:
``(2) Periodic application for certificate of compliance.--
The Corporation shall apply to the Nuclear Regulatory
Commission for a certificate of compliance under paragraph
(1) periodically, as determined by the Commission, but not
less than every 5 years. The Commission shall review any such
application and any determination made under subsection
(b)(2) shall be based on the results of any such review.''.
(4) Section 1702(a) of the Atomic Energy Act of 1954 (42
U.S.C. 2297f-1(a)) is amended--
(1) by striking ``other than'' and inserting ``including'',
and
(2) by striking ``sections 53 and 63'' and inserting
``sections 53, 63, and 193''.
(c) Judicial Review of NRC Actions.--Section 189b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to
read as follows:
``b. The following Commission actions shall be subject to
judicial review in the manner prescribed in chapter 158 of
title 28, United States Code, and chapter 7 of title 5,
United States Code:
``(1) Any final order entered in any proceeding of the kind
specified in subsection (a).
``(2) Any final order allowing or prohibiting a facility to
begin operating under a combined construction and operating
license.
``(3) Any final order establishing by regulation standards
to govern the Department of Energy's gaseous diffusion
uranium enrichment plants, including any such facilities
leased to a corporation established under the USEC
Privatization Act.
``(4) Any final determination under section 1701(c)
relating to whether the gaseous diffusion plants, including
any such facilities leased to a corporation established under
the USEC Privatization Act, are in compliance with the
Commission's standards governing the gaseous diffusion plants
and all applicable laws.''.
(d) Civil Penalties.--Section 234 a. of the Atomic Energy
Act of 1954 (42 U.S.C. 2282(a) is amended by--
(1) striking ``any licensing provision of section 53, 57,
62, 63, 81, 82, 101, 103, 104, 107, or 109'' and inserting:
``any licensing or certification provision of section 53, 57,
62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701''; and
(2) by striking ``any license issued thereunder'' and
inserting: ``any license or certification issued
thereunder''.
(e) References to the Corporation.--Following the
privatization date, all references in the Atomic Energy Act
of 1954 to the United States Enrichment Corporation shall be
deemed to be references to the private corporation.
SEC. 3117. AMENDMENTS TO OTHER LAWS.
(a) Definition of Government Corporation.--As of the
privatization date, section 9101(3) of title 31, United
States Code, is amended by striking subparagraph (N) as added
by section 902(b) of Public Law 102-486.
(b) Definition of the Corporation.--Section 1018(1) of the
Energy Policy Act of 1992 (42 U.S.C. 2296b-7(1) is amended by
inserting ``or its successor'' before the period.
Subchapter B
SEC. 3201. BONNEVILLE POWER ADMINISTRATION REFINANCING.
(a) Definitions.--
For the purposes of this section--
(1) ``Administrator'' means the Administrator of the
Bonneville Power Administration;
(2) ``capital investment'' means a capitalized cost funded
by Federal appropriations that--
(A) is for a project, facility, or separable unit or
feature of a project or facility;
(B) is a cost for which the Administrator is required by
law to establish rates to repay to the United States Treasury
through the sale of electric power, transmission, or other
services;
(C) excludes a Federal irrigation investment; and
(D) excludes an investment financed by the current revenues
of the Administrator or by bonds issued and sold, or
authorized to be issued and sold, by the Administrator under
section 13 of the Federal Columbia River Transmission System
Act (16 U.S.C. 838k);
(3) ``new capital investment'' means a capital investment
for a project, facility, or separable unit or feature of a
project or facility, placed in service after September 30,
1996;
(4) ``old capital investment'' means a capital investment
the capitalized cost of which--
(A) was incurred, but not repaid, before October 1, 1996,
and
(B) was for a project, facility, or separable unit or
feature of a project or facility, placed in service before
October 1, 1996;
(5) ``repayment date'' means the end of the period within
which the Administrator's rates are to assure the repayment
of the principal amount of a capital investment; and
(6) ``Treasury rate'' means--
(A) for an old capital investment, a rate determined by the
Secretary of the Treasury, taking into consideration
prevailing market yields, during the month preceding October
1, 1996, on outstanding interest-bearing obligations of the
United States with periods to maturity comparable to the
period between October 1, 1996, and the repayment date for
the old capital investment; and
(B) for a new capital investment, a rate determined by the
Secretary of the Treasury, taking into consideration
prevailing market yields, during the month preceding the
beginning of the fiscal year in which the related project,
facility, or separable unit or feature is placed in service,
on outstanding interest-bearing obligations of the United
[[Page 975]]
States with periods to maturity comparable to the period
between the beginning of the fiscal year and the repayment
date for the new capital investment.
(b) New Principal Amounts.--
(1) Principal amount.--Effective October 1, 1996, an old
capital investment has a new principal amount that is the sum
of--
(A) the present value of the old payment amounts for the
old capital investment, calculated using a discount rate
equal to the Treasury rate for the old capital investment;
and
(B) an amount equal to $100,000,000 multiplied by a
fraction whose numerator is the principal amount of the old
payment amounts for the old capital investment and whose
denominator is the sum of the principal amounts of the old
payment amounts for all old capital investments.
(2) Determination.--With the approval of the Secretary of
the Treasury based solely on consistency with this section,
the Administrator shall determine the new principal amounts
under subsection (b) and the assignment of interest rates to
the new principal amounts under subsection (c).
(3) Old payment amounts.--For the purposes of this
subsection, ``old payment amounts'' means, for an old capital
investment, the annual interest and principal that the
Administrator would have paid to the United States Treasury
from October 1, 1996, if this section had not been enacted,
assuming that--
(A) the principal were repaid--
(i) on the repayment date the Administrator assigned before
October 1, 1994, to the old capital investment, or
(ii) with respect to an old capital investment for which
the Administrator has not assigned a repayment date before
October 1, 1994, on a repayment date the Administrator shall
assign to the old capital investment in accordance with
paragraph 10(d)(1) of the version of Department of Energy
Order RA 6120.2 in effect on October 1, 1994; and
(B) interest were paid--
(i) at the interest rate the Administrator assigned before
October 1, 1994, to the old capital investment, or
(ii) with respect to an old capital investment for which
the Administrator has not assigned an interest rate before
October 1, 1994, at a rate determined by the Secretary of the
Treasury, taking into consideration prevailing market yields,
during the month preceding the beginning of the fiscal year
in which the related project, facility, or separable unit or
feature is placed in service, on outstanding interest-bearing
obligations of the United States with periods to maturity
comparable to the period between the beginning of the fiscal
year and the repayment date for the old capital investment.
(c) Interest Rate for New Principal Amounts.--
As of October 1, 1996, the unpaid balance on the new
principal amount established for an old capital investment
under subsection (b) bears interest annually at the Treasury
rate for the old capital investment until the earlier of the
date that the new principal amount is repaid or the repayment
date for the new principal amount.
(d) Repayment Dates.--
As of October 1, 1996, the repayment date for the new
principal amount established for an old capital investment
under subsection (b) is no earlier than the repayment date
for the old capital investment assumed in subsection
(b)(3)(A).
(e) Prepayment Limitations.--
During the period October 1, 1996, through September 30,
2001, the total new principal amounts of old capital
investments, as established under subsection (b), that the
Administrator may pay before their respective repayment dates
shall not exceed $100,000,000.
(f) Interest Rates for New Capital Investments During
Construction.--
(1) New capital investment.--The principal amount of a new
capital investment includes interest in each fiscal year of
construction of the related project, facility, or separable
unit or feature at a rate equal to the one-year rate for the
fiscal year on the sum of--
(A) construction expenditures that were made from the date
construction commenced through the end of the fiscal year,
and
(B) accrued interest during construction.
(2) Payment.--The Administrator is not required to pay,
during construction of the project, facility, or separable
unit or feature, the interest calculated, accrued, and
capitalized under subsection (f)(1).
(3) One-year rate.--For the purposes of this section,
``one-year rate'' for a fiscal year means a rate determined
by the Secretary of the Treasury, taking into consideration
prevailing market yields, during the month preceding the
beginning of the fiscal year, on outstanding interest-bearing
obligations of the United States with periods to maturity of
approximately one year.
(g) Interest Rates for New Capital Investments.--
The unpaid balance on the principal amount of a new capital
investment bears interest at the Treasury rate for the new
capital investment from the date the related project,
facility, or separable unit or feature is placed in service
until the earlier of the date the new capital investment is
repaid or the repayment date for the new capital investment.
(h) Credits to Administrator's Repayment to the United
States Treasury.--
The Confederated Tribe of the Colville Reservation Grand
Coulee Dam Settlement Act (Public Law No. 103-436; 108 Stat.
4577) is amended by striking section 6 and inserting the
following:
``SEC. 6. CREDITS TO ADMINISTRATOR'S REPAYMENT TO THE UNITED
STATES TREASURY.
``So long as the Administrator makes annual payments to the
tribes under the settlement agreement, the Administrator
shall apply against amounts otherwise payable by the
Administrator to the United States Treasury a credit that
reduces the Administrator's payment, in the amount and for
each fiscal year as follows: $15,860,000 in fiscal year 1997;
$16,490,000 in fiscal year 1998; $17,150,000 in fiscal year
1999; $17,840,000 in fiscal year 2000; $18,550,000 in fiscal
year 2001; and $4,600,000 in each succeeding fiscal year.''.
(i) Contract Provisions.--
In each contract of the Administrator that provides for the
Administrator to sell electric power, transmission, or
related services, and that is in effect after September 30,
1996, the Administrator shall offer to include, or as the
case may be, shall offer to amend to include, provisions
specifying that after September 30, 1996--
(1) the Administrator shall establish rates and charges on
the basis that--
(A) the principal amount of an old capital investment shall
be no greater than the new principal amount established under
subsection (b);
(B) the interest rate applicable to the unpaid balance of
the new principal amount of an old capital investment shall
be no greater than the interest rate established under
subsection (c);
(C) any payment of principal of an old capital investment
shall reduce the outstanding principal balance of the old
capital investment in the amount of the payment at the time
the payment is tendered; and
(D) any payment of interest on the unpaid balance of the
new principal amount of an old capital investment shall be a
credit against the appropriate interest account in the amount
of the payment at the time the payment is tendered;
(2) apart from charges necessary to repay the new principal
amount of an old capital investment as established under
subsection (b) and to pay the interest on the principal
amount under subsection (c), no amount may be charged for
return to the United States Treasury as repayment for or
return on an old capital investment, whether by way of rate,
rent, lease payment, assessment, user charge, or any other
fee;
(3) amounts provided under section 1304 of title 31, United
States Code, shall be available to pay, and shall be the sole
source for payment of, a judgment against or settlement by
the Administrator or the United States on a claim for a
breach of the contract provisions required by this Part; and
(4) the contract provisions specified in this Part do not--
(A) preclude the Administrator from recovering, through
rates or other means, any tax that is generally imposed on
electric utilities in the United States, or
(B) affect the Administrator's authority under applicable
law, including section 7(g) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839e(g)), to--
(i) allocate costs and benefits, including but not limited
to fish and wildlife costs, to rates or resources, or
(ii) design rates.
(j) Savings Provisions.--
(1) Repayment.--This subchapter does not affect the
obligation of the Administrator to repay the principal
associated with each capital investment, and to pay interest
on the principal, only from the ``Administrator's net
proceeds,'' as defined in section 13 of the Federal Columbia
River Transmission System Act (16 U.S.C. 838k(b)).
(2) Payment of capital investment.--Except as provided in
subsection (e), this section does not affect the authority of
the Administrator to pay all or a portion of the principal
amount associated with a capital investment before the
repayment date for the principal amount.
CHAPTER 2
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
Export and Investment Assistance
Export-Import Bank of the United States
subsidy appropriation
(rescission)
Of the unobligated balances available under this heading,
$42,000,000 are rescinded.
CHAPTER 3
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
Department of Energy
strategic petroleum reserve
Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), the Secretary of Energy
shall draw down and sell in fiscal year 1996, $227,000,000
worth of Strategic Petroleum Reserve oil from the Weeks
Island site.
CHAPTER 4
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
job opportunities and basic skills
(rescission)
Of the funds made available under this heading elsewhere in
this Act, there is rescinded an amount equal to the total of
the funds within each State's limitation for fiscal year 1996
that are not necessary to pay
[[Page 976]]
such State's allowable claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as amended
by Public Law 100-485) is amended by adding: ``reduced by an
amount equal to the total of those funds that are within each
State's limitation for fiscal year 1996 that are not
necessary to pay such State's allowable claims for such
fiscal year (except that such amount for such year shall be
deemed to be $1,000,000,000 for the purpose of determining
the amount of the payment under subsection (1) to which each
State is entitled),''.
DEPARTMENT OF EDUCATION
student financial assistance
Notwithstanding any other provision of this Act, the first
and third dollar amounts provided in Title I of this Act
under the heading ``Student Financial Assistance'' are hereby
reduced by $53,446,000.
CHAPTER 5
MILITARY CONSTRUCTION
(rescissions)
Of the funds provided in Public Law 104-32, the Military
Construction Appropriations Act, 1996, the following funds
are hereby rescinded from the following accounts in the
specified amounts:
Military Construction, Army, $6,385,000;
Military Construction, Navy, $6,385,000;
Military Construction, Air Force, $6,385,000; and
Military Construction, Defense-wide, $18,345,000.
CHAPTER 6
DEPARTMENT OF DEFENSE--MILITARY PROCUREMENT
Missile Procurement, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $310,000,000 are rescinded.
Other Procurement, Air Force
(rescission)
Of the funds made available under this heading in Public
Law 103-335, $265,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $19,500,000 are rescinded: Provided, That this
reduction shall be applied proportionally to each budget
activity, activity group and subactivity group and each
program, project, and activity within this appropriation
account.
Research, Development, Test and Evaluation, Navy
(rescissions)
Of the funds made available under this heading in Public
Law 104-61, $45,000,000 are rescinded, Provided, That this
reduction shall be applied proportionally to each budget
activity, activity group and subactivity group and each
program, project, and activity within this appropriation
account.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public
Law 103-335, $245,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104-61, $69,800,000 are rescinded: Provided, That this
reduction shall be applied proportionally to each budget
activity, activity group and subactivity group and each
program, project, and activity within this appropriation
account.
Research, Development, Test and Evaluation, Defense-Wide
(rescission)
Of the funds made available under this heading in Public
Law 104-61, $40,600,000 are rescinded: Provided, That this
reduction shall be applied proportionally to each budget
activity, activity group and subactivity group and each
program, project, and activity within this appropriation
account: Provided further, That no reduction may be taken
against the funds made available to the Department of Defense
for Ballistic Missile Defense.
CHAPTER 7
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
account, $664,000,000 are rescinded.
FEDERAL HIGHWAY ADMINISTRATION
Highway-Related Safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
account, $9,000,000 are rescinded.
Motor Carrier Safety Grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
account, $33,000,000 are rescinded.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Highway Traffic Safety Grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
account, $56,000,000 are rescinded.
CHAPTER 8
TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT
INDEPENDENT AGENCIES
GENERAL SERVICES ADMINISTRATION
Federal Buildings Fund
limitations on availability of revenue
(rescission)
Of the funds made available for installment acquisition
payments under this heading in Public Law 104-52, $3,400,000
are rescinded: Provided, That the aggregate amount made
available to the Fund shall be $5,062,749,000.
CHAPTER 9
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT AND
INDEPENDENT AGENCIES
FEDERAL EMERGENCY MANAGEMENT AGENCY
disaster relief
Of the funds made available under this heading and under
the heading ``Disaster relief emergency contingency fund'' in
Public Law 104-19, $1,000,000,000 are rescinded.
CHAPTER 10
DEBT COLLECTION IMPROVEMENTS
SEC. 31001. DEBT COLLECTION IMPROVEMENT ACT OF 1996.
(a)(1) This section may be cited as the ``Debt Collection
Improvement Act of 1996''.
(2)(A) In General.--The provisions of this section and the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(B) Offsets From Social Security Payments, Etc.--
Subparagraph (A) of section 3716(c)(3) of title 31, United
States Code (as added by subsection (d)(2) of this section),
shall apply only to payments made after the date which is 4
months after the date of the enactment of this Act.
(b) The purposes of this section are the following:
(1) To maximize collections of delinquent debts owed to the
Government by ensuring quick action to enforce recovery of
debts and the use of all appropriate collection tools.
(2) To minimize the costs of debt collection by
consolidating related functions and activities and utilizing
interagency teams.
(3) To reduce losses arising from debt management
activities by requiring proper screening of potential
borrowers, aggressive monitoring of all accounts, and sharing
of information within and among Federal agencies.
(4) To ensure that the public is fully informed of the
Federal Government's debt collection policies and that
debtors are cognizant of their financial obligations to repay
amounts owed to the Federal Government.
(5) To ensure that debtors have all appropriate due process
rights, including the ability to verify, challenge, and
compromise claims, and access to administrative appeals
procedures which are both reasonable and protect the
interests of the United States.
(6) To encourage agencies, when appropriate, to sell
delinquent debt, particularly debts with underlying
collateral.
(7) To rely on the experience and expertise of private
sector professionals to provide debt collection services to
Federal agencies.
(c) Chapter 37 of title 31, United States Code, is
amended--
(1) in each of sections 3711, 3716, 3717, and 3718, by
striking ``the head of an executive or legislative agency''
each place it appears and inserting ``the head of an
executive, judicial, or legislative agency''; and
(2) by amending section 3701(a)(4) to read as follows:
``(4) `executive, judicial, or legislative agency' means a
department, agency, court, court administrative office, or
instrumentality in the executive, judicial, or legislative
branch of Government, including government corporations.''.
(d)(1) Persons Subject to Administrative Offset.--Section
3701(c) of title 31, United States Code, is amended to read
as follows:
``(c) In sections 3716 and 3717 of this title, the term
`person' does not include an agency of the United States
Government.''.
(2) Requirements and Procedures.--Section 3716 of title 31,
United States Code, is amended--
(A) by amending subsection (b) to read as follows:
``(b) Before collecting a claim by administrative offset,
the head of an executive, judicial, or legislative agency
must either--
``(1) adopt, without change, regulations on collecting by
administrative offset promulgated by the Department of
Justice, the General Accounting Office, or the Department of
the Treasury; or
``(2) prescribe regulations on collecting by administrative
offset consistent with the regulations referred to in
paragraph (1).'';
(B) by amending subsection (c)(2) to read as follows:
``(2) when a statute explicitly prohibits using
administrative offset or setoff to collect the claim or type
of claim involved.'';
(C) by redesignating subsection (c) as subsection (e); and
(D) by inserting after subsection (b) the following new
subsections:
``(c)(1)(A) Except as otherwise provided in this
subsection, a disbursing official of the Department of the
Treasury, the Department of Defense, the United States Postal
Service,
[[Page 977]]
or any other government corporation, or any disbursing
official of the United States designated by the Secretary of
the Treasury, shall offset at least annually the amount of a
payment which a payment certifying agency has certified to
the disbursing official for disbursement, by an amount equal
to the amount of a claim which a creditor agency has
certified to the Secretary of the Treasury pursuant to this
subsection.
``(B) An agency that designates disbursing officials
pursuant to section 3321(c) of this title is not required to
certify claims arising out of its operations to the Secretary
of the Treasury before such agency's disbursing officials
offset such claims.
``(C) Payments certified by the Department of Education
under a program administered by the Secretary of Education
under title IV of the Higher Education Act of 1965 shall not
be subject to administrative offset under this subsection.
``(2) Neither the disbursing official nor the payment
certifying agency shall be liable--
``(A) for the amount of the administrative offset on the
basis that the underlying obligation, represented by the
payment before the administrative offset was taken, was not
satisfied; or
``(B) for failure to provide timely notice under paragraph
(8).
``(3)(A)(i) Notwithstanding any other provision of law
(including sections 207 and 1631(d)(1) of the Social Security
Act (42 U.S.C. 407 and 1383(d)(1)), section 413(b) of Public
Law 91-173 (30 U.S.C. 923(b)), and section 14 of the Act of
August 29, 1935 (45 U.S.C. 231m)), except as provided in
clause (ii), all payments due to an individual under--
``(I) the Social Security Act,
``(II) part B of the Black Lung Benefits Act, or
``(III) any law administered by the Railroad Retirement
Board (other than payments that such Board determines to be
tier 2 benefits),
shall be subject to offset under this section.
``(ii) An amount of $9,000 which a debtor may receive under
Federal benefit programs cited under clause (i) within a 12-
month period shall be exempt from offset under this
subsection. In applying the $9,000 exemption, the disbursing
official shall--
``(I) reduce the $9,000 exemption amount for the 12-month
period by the amount of all Federal benefit payments made
during such 12-month period which are not subject to offset
under this subsection; and
``(II) apply a prorated amount of the exemption to each
periodic benefit payment to be made to the debtor during the
applicable 12-month period.
For purposes of the preceding sentence, the amount of a
periodic benefit payment shall be the amount after any
reduction or deduction required under the laws authorizing
the program under which such payment is authorized to be made
(including any reduction or deduction to recover any
overpayment under such program).
``(B) The Secretary of the Treasury shall exempt from
administrative offset under this subsection payments under
means-tested programs when requested by the head of the
respective agency. The Secretary may exempt other payments
from administrative offset under this subsection upon the
written request of the head of a payment certifying agency. A
written request for exemption of other payments must provide
justification for the exemption under standards prescribed by
the Secretary. Such standards shall give due consideration to
whether administrative offset would tend to interfere
substantially with or defeat the purposes of the payment
certifying agency's program. The Secretary shall report to
the Congress annually on exemptions granted under this
section.
``(C) The provisions of sections 205(b)(1) and 1631(c)(1)
of the Social Security Act shall not apply to any
administrative offset executed pursuant to this section
against benefits authorized by either title II or title XVI
of the Social Security Act, respectively.
``(4) The Secretary of the Treasury may charge a fee
sufficient to cover the full cost of implementing this
subsection. The fee may be collected either by the retention
of a portion of amounts collected pursuant to this
subsection, or by billing the agency referring or
transferring a claim for those amounts. Fees charged to the
agencies shall be based on actual administrative offsets
completed. Amounts received by the United States as fees
under this subsection shall be deposited into the account of
the Department of the Treasury under section 3711(g)(7) of
this title, and shall be collected and accounted for in
accordance with the provisions of that section.
``(5) The Secretary of the Treasury in consultation with
the Commissioner of Social Security and the Director of the
Office of Management and Budget, may prescribe such rules,
regulations, and procedures as the Secretary of the Treasury
considers necessary to carry out this subsection. The
Secretary shall consult with the heads of affected agencies
in the development of such rules, regulations, and
procedures.
``(6) Any Federal agency that is owed by a person a past
due, legally enforceable nontax debt that is over 180 days
delinquent, including nontax debt administered by a third
party acting as an agent for the Federal Government, shall
notify the Secretary of the Treasury of all such nontax debts
for purposes of administrative offset under this subsection.
``(7)(A) The disbursing official conducting an
administrative offset with respect to a payment to a payee
shall notify the payee in writing of--
``(i) the occurrence of the administrative offset to
satisfy a past due legally enforceable debt, including a
description of the type and amount of the payment otherwise
payable to the payee against which the offset was executed;
``(ii) the identity of the creditor agency requesting the
offset; and
``(iii) a contact point within the creditor agency that
will handle concerns regarding the offset.
``(B) If the payment to be offset is a periodic benefit
payment, the disbursing official shall take reasonable steps,
as determined by the Secretary of the Treasury, to provide
the notice to the payee not later than the date on which the
payee is otherwise scheduled to receive the payment, or as
soon as practical thereafter, but no later than the date of
the administrative offset. Notwithstanding the preceding
sentence, the failure of the debtor to receive such notice
shall not impair the legality of such administrative offset.
``(8) A levy pursuant to the Internal Revenue Code of 1986
shall take precedence over requests for administrative offset
pursuant to other laws.
``(d) Nothing in this section is intended to prohibit the
use of any other administrative offset authority existing
under statute or common law.''.
(3) Nontax Debt or Claim Defined.--Section 3701 of title
31, United States Code, is amended in subsection (a) by
adding at the end the following new paragraph:
``(8) `nontax' means, with respect to any debt or claim,
any debt or claim other than a debt or claim under the
Internal Revenue Code of 1986.''.
(4) Treasury Check Withholding.--Section 3712 of title 31,
United States Code, is amended by adding at the end the
following new subsection:
``(e) Treasury Check Offset.--
``(1) In general.--To facilitate collection of amounts owed
by presenting banks pursuant to subsection (a) or (b), upon
the direction of the Secretary, a Federal reserve bank shall
withhold credit from banks presenting Treasury checks for
ultimate charge to the account of the United States Treasury.
By presenting Treasury checks for payment a presenting bank
is deemed to authorize this offset.
``(2) Attempt to collect required.--Prior to directing
offset under subsection (a)(1), the Secretary shall first
attempt to collect amounts owed in the manner provided by
sections 3711 and 3716.''.
(e) Section 3716 of title 31, United States Code, as
amended by subsection (d)(2) of this section, is further
amended by adding at the end the following new subsections:
``(f) The Secretary may waive the requirements of sections
552a(o) and (p) of title 5 for administrative offset or
claims collection upon written certification by the head of a
State or an executive, judicial, or legislative agency
seeking to collect the claim that the requirements of
subsection (a) of this section have been met.
``(g) The Data Integrity Board of the Department of the
Treasury established under 552a(u) of title 5 shall review
and include in reports under paragraph (3)(D) of that section
a description of any matching activities conducted under this
section. If the Secretary has granted a waiver under
subsection (f) of this section, no other Data Integrity Board
is required to take any action under section 552a(u) of title
5.''.
(f) Section 3716 of title 31, United States Code, as
amended by subsections (d) and (e) of this section, is
further amended by adding at the end the following new
subsection:
``(h)(1) The Secretary may, in the discretion of the
Secretary, apply subsection (a) with respect to any past-due,
legally-enforceable debt owed to a State if--
``(A) the appropriate State disbursing official requests
that an offset be performed; and
``(B) a reciprocal agreement with the State is in effect
which contains, at a minimum--
``(i) requirements substantially equivalent to subsection
(b) of this section; and
``(ii) any other requirements which the Secretary considers
appropriate to facilitate the offset and prevent duplicative
efforts.
``(2) This subsection does not apply to--
``(A) the collection of a debt or claim on which the
administrative costs associated with the collection of the
debt or claim exceed the amount of the debt or claim;
``(B) any collection of any other type, class, or amount of
claim, as the Secretary considers necessary to protect the
interest of the United States; or
``(C) the disbursement of any class or type of payment
exempted by the Secretary of the Treasury at the request of a
Federal agency.
``(3) In applying this section with respect to any debt
owed to a State, subsection (c)(3)(A) shall not apply.''.
(g)(1) Title 31.--Title 31, United States Code, is
amended--
(A) in section 3322(a), by inserting ``section 3716 and
section 3720A of this title and'' after ``Except as provided
in'';
(B) in section 3325(a)(3), by inserting ``or pursuant to
payment intercepts or offsets pursuant to section 3716 or
3720A of this title,'' after ``voucher''; and
(C) in each of sections 3711(e)(2) and 3717(h) by inserting
``, the Secretary of the Treasury,'' after ``Attorney
General''.
(2) Internal Revenue Code of 1986.--Subparagraph (A) of
section 6103(l)(10) of the Internal Revenue Code of 1986 (26
U.S.C. 6103(l)(10)) is amended by inserting ``and to officers
and employees of the Department of the Treasury in connection
with such reduction'' after ``6402''.
(h) Section 5514 of title 5, United States Code, is
amended--
[[Page 978]]
(A) in subsection (a)--
(i) by adding at the end of paragraph (1) the following:
``All Federal agencies to which debts are owed and which have
outstanding delinquent debts shall participate in a computer
match at least annually of their delinquent debt records with
records of Federal employees to identify those employees who
are delinquent in repayment of those debts. The preceding
sentence shall not apply to any debt under the Internal
Revenue Code of 1986. Matched Federal employee records shall
include, but shall not be limited to, records of active Civil
Service employees government-wide, military active duty
personnel, military reservists, United States Postal Service
employees, employees of other government corporations, and
seasonal and temporary employees. The Secretary of the
Treasury shall establish and maintain an interagency
consortium to implement centralized salary offset computer
matching, and promulgate regulations for this program.
Agencies that perform centralized salary offset computer
matching services under this subsection are authorized to
charge a fee sufficient to cover the full cost for such
services.'';
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(iii) by inserting after paragraph (2) the following new
paragraph:
``(3) Paragraph (2) shall not apply to routine intra-agency
adjustments of pay that are attributable to clerical or
administrative errors or delays in processing pay documents
that have occurred within the four pay periods preceding the
adjustment and to any adjustment that amounts to $50 or less,
if at the time of such adjustment, or as soon thereafter as
practical, the individual is provided written notice of the
nature and the amount of the adjustment and a point of
contact for contesting such adjustment.''; and
(iv) by amending paragraph (5)(B) (as redesignated by
clause (ii) of this subparagraph) to read as follows:
``(B) `agency' includes executive departments and agencies,
the United States Postal Service, the Postal Rate Commission,
the United States Senate, the United States House of
Representatives, and any court, court administrative office,
or instrumentality in the judicial or legislative branches of
the Government, and government corporations.'';
(B) by adding after subsection (c) the following new
subsection:
``(d) A levy pursuant to the Internal Revenue Code of 1986
shall take precedence over other deductions under this
section.''.
(i)(1) In General.--Section 7701 of title 31, United States
Code, is amended by adding at the end the following new
subsections:
``(c)(1) The head of each Federal agency shall require each
person doing business with that agency to furnish to that
agency such person's taxpayer identifying number.
``(2) For purposes of this subsection, a person shall be
considered to be doing business with a Federal agency if the
person is--
``(A) a lender or servicer in a Federal guaranteed or
insured loan program administered by the agency;
``(B) an applicant for, or recipient of, a Federal license,
permit, right-of-way, grant, or benefit payment administered
by the agency or insurance administered by the agency;
``(C) a contractor of the agency;
``(D) assessed a fine, fee, royalty or penalty by the
agency; and
``(E) in a relationship with the agency that may give rise
to a receivable due to that agency, such as a partner of a
borrower in or a guarantor of a Federal direct or insured
loan administered by the agency.
``(3) Each agency shall disclose to a person required to
furnish a taxpayer identifying number under this subsection
its intent to use such number for purposes of collecting and
reporting on any delinquent amounts arising out of such
person's relationship with the Government.
``(4) For purposes of this subsection, a person shall not
be treated as doing business with a Federal agency solely by
reason of being a debtor under third party claims of the
United States. The preceding sentence shall not apply to a
debtor owing claims resulting from petroleum pricing
violations or owing claims resulting from Federal loan or
loan guarantee/insurance programs.
``(d) Notwithstanding section 552a(b) of title 5, United
States Code, creditor agencies to which a delinquent claim is
owed, and their agents, may match their debtor records with
Department of Health and Human Services, and Department of
Labor records to obtain names (including names of employees),
name controls, names of employers, taxpayer identifying
numbers, addresses (including addresses of employers), and
dates of birth. The preceding sentence shall apply to the
disclosure of taxpayer identifying numbers only if such
disclosure is not otherwise prohibited by section 6103 of the
Internal Revenue Code of 1986. The Department of Health and
Human Services, and the Department of Labor shall release
that information to creditor agencies and may charge
reasonable fees sufficient to pay the costs associated with
that release.''.
(2) Included Federal Loan Program Defined.--Subparagraph
(C) of section 6103(l)(3) of the Internal Revenue Code of
1986 (relating to disclosure that applicant for Federal loan
has tax delinquent account) is amended to read as follows:
``(C) Included Federal Loan Program Defined.--For purposes
of this paragraph, the term `included Federal loan program'
means any program under which the United States or a Federal
agency makes, guarantees, or insures loans.''.
(3) Clerical Amendments.--
(A) The chapter title to chapter 77 of subtitle VI of title
31, United States Code, is amended to read as follows:
``CHAPTER 77--ACCESS TO INFORMATION FOR DEBT COLLECTION''.
(B) The table of chapters for subtitle VI of title 31,
United States Code, is amended by inserting before the item
relating to chapter 91 the following new item:
``77. Access to information for debt collection.............7701''.....
(j)(1) In General.--Title 31, United States Code, is
amended by inserting after section 3720A the following new
section:
``Sec. 3720B. Barring delinquent Federal debtors from
obtaining Federal loans or loan insurance guarantees
``(a) Unless this subsection is waived by the head of a
Federal agency, a person may not obtain any Federal financial
assistance in the form of a loan (other than a disaster loan)
or loan insurance or guarantee administered by the agency if
the person has an outstanding debt (other than a debt under
the Internal Revenue Code of 1986) with any Federal agency
which is in a delinquent status, as determined under
standards prescribed by the Secretary of the Treasury. Such a
person may obtain additional loans or loan guarantees only
after such delinquency is resolved in accordance with those
standards. The Secretary of the Treasury may exempt, at the
request of an agency, any class of claims.
``(b) The head of a Federal agency may delegate the waiver
authority under subsection (a) to the Chief Financial Officer
of the agency. The waiver authority may be redelegated only
to the Deputy Chief Financial Officer of the agency.''
(2) Clerical Amendment.--The table of sections for
subchapter II of chapter 37 of title 31, United States Code,
is amended by inserting after the item relating to section
3720A the following new item:
``3720B. Barring delinquent Federal debtors from obtaining Federal
loans or loan insurance guarantees.''.
(k) Section 3711(f) of title 31, United States Code, is
amended--
(1) by striking ``may'' the first place it appears and
inserting ``shall'';
(2) by striking ``an individual'' each place it appears and
inserting ``a person'';
(3) by striking ``the individual'' each place it appears
and inserting ``the person''; and
(4) by adding at the end the following new paragraphs:
``(4) The head of each executive agency shall require, as a
condition for insuring or guaranteeing any loan, financing,
or other extension of credit under any law to a person, that
the lender provide information relating to the extension of
credit to consumer reporting agencies or commercial reporting
agencies, as appropriate.
``(5) The head of each executive agency may provide to a
consumer reporting agency or commercial reporting agency
information from a system of records that a person is
responsible for a claim which is current, if notice required
by section 552a(e)(4) of title 5 indicates that information
in the system may be disclosed to a consumer reporting agency
or commercial reporting agency, respectively.''.
(l) Section 3718 of title 31, United States Code, is
amended--
(1) in subsection (a), by striking the first sentence and
inserting the following: ``Under conditions the head of an
executive, judicial, or legislative agency considers
appropriate, the head of the agency may enter into a contract
with a person for collection service to recover indebtedness
owed, or to locate or recover assets of, the United States
Government. The head of an agency may not enter into a
contract under the preceding sentence to locate or recover
assets of the United States held by a State government or
financial institution unless that agency has established
procedures approved by the Secretary of the Treasury to
identify and recover such assets.''; and
(2) in subsection (d), by inserting ``, or to locate or
recover assets of,'' after ``owed''.
(m)(1) In General.--Section 3711 of title 31, United States
Code, is amended by adding at the end the following new
subsections:
``(g)(1) If a nontax debt or claim owed to the United
States has been delinquent for a period of 180 days--
``(A) the head of the executive, judicial, or legislative
agency that administers the program that gave rise to the
debt or claim shall transfer the debt or claim to the
Secretary of the Treasury; and
``(B) upon such transfer the Secretary of the Treasury
shall take appropriate action to collect or terminate
collection actions on the debt or claim.
``(2) Paragraph (1) shall not apply--
``(A) to any debt or claim that--
``(i) is in litigation or foreclosure;
``(ii) will be disposed of under an asset sales program
within 1 year after becoming eligible for sale, or later than
1 year if consistent with an asset sales program and a
schedule established by the agency and approved by the
Director of the Office of Management and Budget;
``(iii) has been referred to a private collection
contractor for collection for a period of time determined by
the Secretary of the Treasury;
``(iv) has been referred by, or with the consent of, the
Secretary of the Treasury to a
[[Page 979]]
debt collection center for a period of time determined by the
Secretary of the Treasury; or
``(v) will be collected under internal offset, if such
offset is sufficient to collect the claim within 3 years
after the date the debt or claim is first delinquent; and
``(B) to any other specific class of debt or claim, as
determined by the Secretary of the Treasury at the request of
the head of an executive, judicial, or legislative agency or
otherwise.
``(3) For purposes of this section, the Secretary of the
Treasury may designate, and withdraw such designation of debt
collection centers operated by other Federal agencies. The
Secretary of the Treasury shall designate such centers on the
basis of their performance in collecting delinquent claims
owed to the Government.
``(4) At the discretion of the Secretary of the Treasury,
referral of a nontax claim may be made to--
``(A) any executive department or agency operating a debt
collection center for servicing, collection, compromise, or
suspension or termination of collection action;
``(B) a private collection contractor operating under a
contract for servicing or collection action; or
``(C) the Department of Justice for litigation.
``(5) Nontax claims referred or transferred under this
section shall be serviced, collected, or compromised, or
collection action thereon suspended or terminated, in
accordance with otherwise applicable statutory requirements
and authorities. Executive departments and agencies operating
debt collection centers may enter into agreements with the
Secretary of the Treasury to carry out the purposes of this
subsection. The Secretary of the Treasury shall--
``(A) maintain competition in carrying out this subsection;
``(B) maximize collections of delinquent debts by placing
delinquent debts quickly;
``(C) maintain a schedule of private collection contractors
and debt collection centers eligible for referral of claims;
and
``(D) refer delinquent debts to the person most appropriate
to collect the type or amount of claim involved.
``(6) Any agency operating a debt collection center to
which nontax claims are referred or transferred under this
subsection may charge a fee sufficient to cover the full cost
of implementing this subsection. The agency transferring or
referring the nontax claim shall be charged the fee, and the
agency charging the fee shall collect such fee by retaining
the amount of the fee from amounts collected pursuant to this
subsection. Agencies may agree to pay through a different
method, or to fund an activity from another account or from
revenue received from the procedure described under section
3720C of this title. Amounts charged under this subsection
concerning delinquent claims may be considered as costs
pursuant to section 3717(e) of this title.
``(7) Notwithstanding any other law concerning the
depositing and collection of Federal payments, including
section 3302(b) of this title, agencies collecting fees may
retain the fees from amounts collected. Any fee charged
pursuant to this subsection shall be deposited into an
account to be determined by the executive department or
agency operating the debt collection center charging the fee
(in this subsection referred to in this section as the
`Account'). Amounts deposited in the Account shall be
available until expended to cover costs associated with the
implementation and operation of Governmentwide debt
collection activities. Costs properly chargeable to the
Account include--
``(A) the costs of computer hardware and software, word
processing and telecommunications equipment, and other
equipment, supplies, and furniture;
``(B) personnel training and travel costs;
``(C) other personnel and administrative costs;
``(D) the costs of any contract for identification,
billing, or collection services; and
``(E) reasonable costs incurred by the Secretary of the
Treasury, including services and utilities provided by the
Secretary, and administration of the Account.
``(8) Not later than January 1 of each year, there shall be
deposited into the Treasury as miscellaneous receipts an
amount equal to the amount of unobligated balances remaining
in the Account at the close of business on September 30 of
the preceding year, minus any part of such balance that the
executive department or agency operating the debt collection
center determines is necessary to cover or defray the costs
under this subsection for the fiscal year in which the
deposit is made.
``(9) Before discharging any delinquent debt owed to any
executive, judicial, or legislative agency, the head of such
agency shall take all appropriate steps to collect such debt,
including (as applicable)--
``(A) administrative offset,
``(B) tax refund offset,
``(C) Federal salary offset,
``(D) referral to private collection contractors,
``(E) referral to agencies operating a debt collection
center,
``(F) reporting delinquencies to credit reporting bureaus,
``(G) garnishing the wages of delinquent debtors, and
``(H) litigation or foreclosure.
``(10) To carry out the purposes of this subsection, the
Secretary of the Treasury may prescribe such rules,
regulations, and procedures as the Secretary considers
necessary and transfer such funds from funds appropriated to
the Department of the Treasury as may be necessary to meet
existing liabilities and obligations incurred prior to the
receipt of revenues that result from debt collections.
``(h)(1) The head of an executive, judicial, or legislative
agency acting under subsection (a)(1), (2), or (3) of this
section to collect a claim, compromise a claim, or terminate
collection action on a claim may obtain a consumer report (as
that term is defined in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a)) or comparable credit
information on any person who is liable for the claim.
``(2) The obtaining of a consumer report under this
subsection is deemed to be a circumstance or purpose
authorized or listed under section 604 of the Fair Credit
Reporting Act (15 U.S.C. 1681b).''.
(2) Returns Relating to Cancellation of Indebtedness by
Certain Entities.--
(A) In general.--Subsection (a) of section 6050P of the
Internal Revenue Code of 1986 (relating to returns relating
to the cancellation of indebtedness by certain financial
entities) is amended by striking ``applicable financial
entity'' and inserting ``applicable entity''.
(B) Entities to which requirement applies.--Subsection (c)
of section 6050P of such Code is amended--
(i) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively, and inserting before paragraph (2)
(as so redesignated) the following new paragraph:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an executive, judicial, or legislative agency (as
defined in section 3701(a)(4) of title 31, United States
Code), and
``(B) an applicable financial entity.'', and
(ii) in paragraph (3), as so redesignated, by striking
``(1)(B)'' and inserting ``(1)(A) or (2)(B)''.
(C) Alternative procedure.--Section 6050P of such Code is
amended by adding at the end the following new subsection:
``(e) Alternative procedure.--In lieu of making a return
required under subsection (a), an agency described in
subsection (c)(1)(A) may submit to the Secretary (at such
time and in such form as the Secretary may by regulations
prescribe) information sufficient for the Secretary to
complete such a return on behalf of such agency. Upon receipt
of such information, the Secretary shall complete such return
and provide a copy of such return to such agency.''
(D) Conforming Amendments.--
(i) Subsection (d) of section 6050P of such Code is amended
by striking ``applicable financial entity'' and inserting
``applicable entity''.
(ii) The heading of section 6050P of such Code is amended
to read as follows:
``SEC. 6050P. RETURNS RELATING TO THE CANCELLATION OF
INDEBTEDNESS BY CERTAIN ENTITIES.''
(iii) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by
striking the item relating to section 6050P and inserting the
following new item:
``Sec. 6050P. Returns relating to the cancellation of indebtedness by
certain entities.''
(n) Effective October 1, 1995, section 11 of the
Administrative Dispute Resolution Act (Public Law 101-552, 5
U.S.C. 571 note) shall not apply to the amendment made by
section 8(b) of such Act.
(o)(1) In General.--Chapter 37 of title 31, United States
Code, is amended in subchapter II by adding after section
3720C, as added by subsection (t) of this section, the
following new section:
``Sec. 3720D. Garnishment
``(a) Notwithstanding any provision of State law, the head
of an executive, judicial, or legislative agency that
administers a program that gives rise to a delinquent nontax
debt owed to the United States by an individual may in
accordance with this section garnish the disposable pay of
the individual to collect the amount owed, if the individual
is not currently making required repayment in accordance with
any agreement between the agency head and the individual.
``(b) In carrying out any garnishment of disposable pay of
an individual under subsection (a), the head of an executive,
judicial, or legislative agency shall comply with the
following requirements:
``(1) The amount deducted under this section for any pay
period may not exceed 15 percent of disposable pay, except
that a greater percentage may be deducted with the written
consent of the individual.
``(2) The individual shall be provided written notice, sent
by mail to the individual's last known address, a minimum of
30 days prior to the initiation of proceedings, from the head
of the executive, judicial, or legislative agency, informing
the individual of--
``(A) the nature and amount of the debt to be collected;
``(B) the intention of the agency to initiate proceedings
to collect the debt through deductions from pay; and
``(C) an explanation of the rights of the individual under
this section.
``(3) The individual shall be provided an opportunity to
inspect and copy records relating to the debt.
``(4) The individual shall be provided an opportunity to
enter into a written agreement with the executive, judicial,
or legislative agency, under terms agreeable to the head of
the agency, to establish a schedule for repayment of the
debt.
[[Page 980]]
``(5) The individual shall be provided an opportunity for a
hearing in accordance with subsection (c) on the
determination of the head of the executive, judicial, or
legislative agency concerning--
``(A) the existence or the amount of the debt, and
``(B) in the case of an individual whose repayment schedule
is established other than by a written agreement pursuant to
paragraph (4), the terms of the repayment schedule.
``(6) If the individual has been reemployed within 12
months after having been involuntarily separated from
employment, no amount may be deducted from the disposable pay
of the individual until the individual has been reemployed
continuously for at least 12 months.
``(c)(1) A hearing under subsection (b)(5) shall be
provided prior to issuance of a garnishment order if the
individual, on or before the 15th day following the mailing
of the notice described in subsection (b)(2), and in
accordance with such procedures as the head of the executive,
judicial, or legislative agency may prescribe, files a
petition requesting such a hearing.
``(2) If the individual does not file a petition requesting
a hearing prior to such date, the head of the agency shall
provide the individual a hearing under subsection (a)(5) upon
request, but such hearing need not be provided prior to
issuance of a garnishment order.
``(3) The hearing official shall issue a final decision at
the earliest practicable date, but not later than 60 days
after the filing of the petition requesting the hearing.
``(d) The notice to the employer of the withholding order
shall contain only such information as may be necessary for
the employer to comply with the withholding order.
``(e)(1) An employer may not discharge from employment,
refuse to employ, or take disciplinary action against an
individual subject to wage withholding in accordance with
this section by reason of the fact that the individual's
wages have been subject to garnishment under this section,
and such individual may sue in a State or Federal court of
competent jurisdiction any employer who takes such action.
``(2) The court shall award attorneys' fees to a prevailing
employee and, in its discretion, may order reinstatement of
the individual, award punitive damages and back pay to the
employee, or order such other remedy as may be reasonably
necessary.
``(f)(1) The employer of an individual--
``(A) shall pay to the head of an executive, judicial, or
legislative agency as directed in a withholding order issued
in an action under this section with respect to the
individual, and
``(B) shall be liable for any amount that the employer
fails to withhold from wages due an employee following
receipt by such employer of notice of the withholding order,
plus attorneys' fees, costs, and, in the court's discretion,
punitive damages.
``(2)(A) The head of an executive, judicial, or legislative
agency may sue an employer in a State or Federal court of
competent jurisdiction to recover amounts for which the
employer is liable under paragraph (1)(B).
``(B) A suit under this paragraph may not be filed before
the termination of the collection action, unless earlier
filing is necessary to avoid expiration of any applicable
statute of limitations period.
``(3) Notwithstanding paragraphs (1) and (2), an employer
shall not be required to vary its normal pay and disbursement
cycles in order to comply with this subsection.
``(g) For the purpose of this section, the term `disposable
pay' means that part of the compensation of any individual
from an employer remaining after the deduction of any amounts
required by any other law to be withheld.
``(h) The Secretary of the Treasury shall issue regulations
to implement this section.''.
(2) Clerical Amendment.--The table of sections for
subchapter II of chapter 37 of title 31, United States Code,
is amended by inserting after the item relating to section
3720C (as added by subsection (t) of this section) the
following new item:
``3720D. Garnishment.''.
(p) Section 3711 of title 31, United States Code, as
amended by subsection (m) of this section, is further amended
by adding at the end the following new subsection:
``(i)(1) The head of an executive, judicial, or legislative
agency may sell, subject to section 504(b) of the Federal
Credit Reform Act of 1990 and using competitive procedures,
any nontax debt owed to the United States that is delinquent
for more than 90 days. Appropriate fees charged by a
contractor to assist in the conduct of a sale under this
subsection may be payable from the proceeds of the sale.
``(2) After terminating collection action, the head of an
executive, judicial, or legislative agency shall sell, using
competitive procedures, any nontax debt or class of nontax
debts owed to the United States, if the Secretary of the
Treasury determines the sale is in the best interests of the
United States.
``(3) Sales of nontax debt under this subsection--
``(A) shall be for--
``(i) cash, or
``(ii) cash and a residuary equity or profit participation,
if the head of the agency reasonably determines that the
proceeds will be greater than sale solely for cash,
``(B) shall be without recourse, but may include the use of
guarantees if otherwise authorized, and
``(C) shall transfer to the purchaser all rights of the
Government to demand payment of the nontax debt, other than
with respect to a residuary equity or profit participation
under subparagraph (A)(ii).
``(4)(A) Within one year after the date of enactment of the
Debt Collection Improvement Act of 1996, each executive
agency with current and delinquent collateralized nontax
debts shall report to the Congress on the valuation of its
existing portfolio of loans, notes and guarantees, and other
collateralized debts based on standards developed by the
Director of the Office of Management and Budget, in
consultation with the Secretary of the Treasury.
``(B) The Director of the Office of Management and Budget
shall determine what information is required to be reported
to comply with subparagraph (A). At a minimum, for each
financing account and for each liquidating account (as those
terms are defined in sections 502(7) and 502(8),
respectively, of the Federal Credit Reform Act of 1990) the
following information shall be reported:
``(i) The cumulative balance of current debts outstanding,
the estimated net present value of such debts, the annual
administrative expenses of those debts (including the portion
of salaries and expenses that are directly related thereto),
and the estimated net proceeds that would be received by the
Government if such debts were sold.
``(ii) The cumulative balance of delinquent debts, debts
outstanding, the estimated net present value of such debts,
the annual administrative expenses of those debts (including
the portion of salaries and expenses that are directly
related thereto), and the estimated net proceeds that would
be received by the Government if such debts were sold.
``(iii) The cumulative balance of guaranteed loans
outstanding, the estimated net present value of such
guarantees, the annual administrative expenses of such
guarantees (including the portion of salaries and expenses
that are directly related to such guaranteed loans), and the
estimated net proceeds that would be received by the
Government if such loan guarantees were sold.
``(iv) The cumulative balance of defaulted loans that were
previously guaranteed and have resulted in loans receivables,
the estimated net present value of such loan assets, the
annual administrative expenses of such loan assets (including
the portion of salaries and expenses that are directly
related to such loan assets), and the estimated net proceeds
that would be received by the Government if such loan assets
were sold.
``(v) The marketability of all debts.
``(5) This subsection is not intended to limit existing
statutory authority of agencies to sell loans, debts, or
other assets.''.
(q) Section 3717 of title 31, United States Code, is
amended by adding at the end of subsection (h) the following
new subsection:
``(i)(1) The head of an executive, judicial, or legislative
agency may increase an administrative claim by the cost of
living adjustment in lieu of charging interest and penalties
under this section. Adjustments under this subsection will be
computed annually.
``(2) For the purpose of this subsection--
``(A) the term `cost of living adjustment' means the
percentage by which the Consumer Price Index for the month of
June of the calendar year preceding the adjustment exceeds
the Consumer Price Index for the month of June of the
calendar year in which the claim was determined or last
adjusted; and
``(B) the term `administrative claim' includes all debt
that is not based on an extension of Government credit
through direct loans, loan guarantees, or insurance,
including fines, penalties, and overpayments.''.
(r)(1) In General.--Chapter 37 of title 31, United States
Code, is amended in subchapter II by adding after section
3720D, as added by subsection (o) of this section, the
following new section:
``Sec. 3720E. Dissemination of information regarding identity
of delinquent debtors
``(a) The head of any agency may, with the review of the
Secretary of the Treasury, for the purpose of collecting any
delinquent nontax debt owed by any person, publish or
otherwise publicly disseminate information regarding the
identity of the person and the existence of the nontax debt.
``(b)(1) The Secretary of the Treasury, in consultation
with the Director of the Office of Management and Budget and
the heads of other appropriate Federal agencies, shall issue
regulations establishing procedures and requirements the
Secretary considers appropriate to carry out this section.
``(2) Regulations under this subsection shall include--
``(A) standards for disseminating information that maximize
collections of delinquent nontax debts, by directing actions
under this section toward delinquent debtors that have assets
or income sufficient to pay their delinquent nontax debt;
``(B) procedures and requirements that prevent
dissemination of information under this section regarding
persons who have not had an opportunity to verify, contest,
and compromise their nontax debt in accordance with this
subchapter; and
``(C) procedures to ensure that persons are not incorrectly
identified pursuant to this section.''.
(2) Clerical Amendment.--The table of sections for
subchapter II of chapter 37 of title 31, United States Code,
is amended by adding after the item relating to section 3720D
(as added by subsection (o) of this section) the following
new item:
[[Page 981]]
``3720E. Dissemination of information regarding identity of delinquent
debtors.''.
(s)(1) In General.--The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Public Law 101-410, 104 Stat. 890; 28
U.S.C. 2461 note) is amended--
(A) by amending section 4 to read as follows:
``Sec. 4. The head of each agency shall, not later than 180
days after the date of enactment of the Debt Collection
Improvement Act of 1996, and at least once every 4 years
thereafter--
``(1) by regulation adjust each civil monetary penalty
provided by law within the jurisdiction of the Federal
agency, except for any penalty (including any addition to tax
and additional amount) under the Internal Revenue Code of
1986, the Tariff Act of 1930, the Occupational Safety and
Health Act of 1970, or the Social Security Act, by the
inflation adjustment described under section 5 of this Act;
and
``(2) publish each such regulation in the Federal
Register.'';
(B) in section 5(a), by striking ``The adjustment described
under paragraphs (4) and (5)(A) of section 4'' and inserting
``The inflation adjustment under section 4''; and
(C) by adding at the end the following new section:
``Sec. 7. Any increase under this Act in a civil monetary
penalty shall apply only to violations which occur after the
date the increase takes effect.''.
(2) Limitation on Initial Adjustment.--The first adjustment
of a civil monetary penalty made pursuant to the amendment
made by paragraph (1) may not exceed 10 percent of such
penalty.
(t)(1) In General.--Title 31, United States Code, is
amended by inserting after section 3720B (as added by
subsection (j) of this section) the following new section:
``Sec. 3720C. Debt Collection Improvement Account
``(a)(1) There is hereby established in the Treasury a
special fund to be known as the `Debt Collection Improvement
Account' (hereinafter in this section referred to as the
`Account').
``(2) The Account shall be maintained and managed by the
Secretary of the Treasury, who shall ensure that agency
programs are credited with amounts transferred under
subsection (b)(1).
``(b)(1) Not later than 30 days after the end of a fiscal
year, an agency may transfer to the Account the amount
described in paragraph (3), as adjusted under paragraph (4).
``(2) Agency transfers to the Account may include
collections from--
``(A) salary, administrative, and tax refund offsets;
``(B) the Department of Justice;
``(C) private collection agencies;
``(D) sales of delinquent loans; and
``(E) contracts to locate or recover assets.
``(3) The amount referred to in paragraph (1) shall be 5
percent of the amount of delinquent debt collected by an
agency in a fiscal year, minus the greater of--
``(A) 5 percent of the amount of delinquent nontax debt
collected by the agency in the previous fiscal year, or
``(B) 5 percent of the average annual amount of delinquent
nontax debt collected by the agency in the previous 4 fiscal
years.
``(4) In consultation with the Secretary of the Treasury,
the Office of Management and Budget may adjust the amount
described in paragraph (3) for an agency to reflect the level
of effort in credit management programs by the agency. As an
indicator of the level of effort in credit management, the
Office of Management and Budget shall consider the following:
``(A) The number of days between the date a claim or debt
became delinquent and the date which an agency referred the
debt or claim to the Secretary of the Treasury or obtained an
exemption from this referral under section 3711(g)(2) of this
title.
``(B) The ratio of delinquent debts or claims to total
receivables for a given program, and the change in this ratio
over a period of time.
``(c)(1) The Secretary of the Treasury may make payments
from the Account solely to reimburse agencies for qualified
expenses. For agencies with franchise funds, such payments
may be credited to subaccounts designated for debt
collection.
``(2) For purposes of this section, the term `qualified
expenses' means expenditures for the improvement of credit
management, debt collection, and debt recovery activities,
including--
``(A) account servicing (including cross-servicing under
section 3711(g) of this title),
``(B) automatic data processing equipment acquisitions,
``(C) delinquent debt collection,
``(D) measures to minimize delinquent debt,
``(E) sales of delinquent debt,
``(F) asset disposition, and
``(G) training of personnel involved in credit and debt
management.
``(3)(A) Amounts transferred to the Account shall be
available to the Secretary of the Treasury for purposes of
this section to the extent and in amounts provided in advance
in appropriations Acts.
``(B) As soon as practicable after the end of the third
fiscal year after which amounts transferred are first
available pursuant to this section, and every 3 years
thereafter, any uncommitted balance in the Account shall be
transferred to the general fund of the Treasury as
miscellaneous receipts.
``(d) For direct loans and loan guarantee programs subject
to title V of the Congressional Budget Act of 1974, amounts
credited in accordance with subsection (c) shall be
considered administrative costs.
``(e) The Secretary of the Treasury shall prescribe such
rules, regulations, and procedures as the Secretary considers
necessary or appropriate to carry out the purposes of this
section.''.
(2) Clerical Amendment.--The table of sections for chapter
37 of title 31, United States Code, is amended by inserting
after the item relating to section 3720B (as added by
subsection (j) of this section) the following new item:
``3720C. Debt Collection Improvement Account.''.
(u)(1) Discretionary Authority.--Section 3720A of title 31,
United States Code, is amended by adding after subsection (h)
the following new subsection:
``(i) An agency subject to section 9 of the Act of May 18,
1933 (16 U.S.C. 831h), may implement this section at its
discretion.''.
(2) Federal Agency Defined.--Section 6402(f) of the
Internal Revenue Code of 1986 (26 U.S.C. 6402(f)) is amended
to read as follows:
``(f) Federal Agency.--For purposes of this section, the
term `Federal agency' means a department, agency, or
instrumentality of the United States, and includes a
Government corporation (as such term is defined in section
103 of title 5, United States Code).''.
(v)(1) Notification of Secretary of the Treasury.--Section
3720A(a) of title 31, United States Code, is amended to read
as follows:
``(a) Any Federal agency that is owed by a person a past-
due, legally enforceable debt (including debt administered by
a third party acting as an agent for the Federal Government)
shall, and any agency subject to section 9 of the Act of May
18, 1933 (16 U.S.C. 831h), owed such a debt may, in
accordance with regulations issued pursuant to subsections
(b) and (d), notify the Secretary of the Treasury at least
once each year of the amount of such debt.''.
(2) Implementation of Support Collection by Secretary of
the Treasury.--Section 464(a) of the Social Security Act (42
U.S.C. 664(a)) is amended--
(1) in paragraph (1), by adding at the end the following:
``This subsection may be executed by the disbursing official
of the Department of the Treasury.''; and
(2) in paragraph (2)(A), by adding at the end the
following: ``This subsection may be executed by the Secretary
of the Department of the Treasury or his designee.''.
(w) Section 3720A(h) of title 31, United States Code, is
amended to read as follows:
``(h)(1) The disbursing official of the Department of the
Treasury--
``(1) shall notify a taxpayer in writing of--
``(A) the occurrence of an offset to satisfy a past-due
legally enforceable nontax debt;
``(B) the identity of the creditor agency requesting the
offset; and
``(C) a contact point within the creditor agency that will
handle concerns regarding the offset;
``(2) shall notify the Internal Revenue Service on a weekly
basis of--
``(A) the occurrence of an offset to satisfy a past-due
legally enforceable non-tax debt;
``(B) the amount of such offset; and
``(C) any other information required by regulations; and
``(3) shall match payment records with requests for offset
by using a name control, taxpayer identifying number (as that
term is used in section 6109 of the Internal Revenue Code of
1986), and any other necessary identifiers.''.
``(h)(2) The term `disbursing official' of the Department
of the Treasury means the Secretary or his designee.''
(x)(1) Amendments Relating to Electronic Funds Transfer.--
Section 3332 of title 31, United States Code, popularly known
as the Federal Financial Management Act of 1994, is amended--
(A) by redesignating subsection (e) as subsection (h), and
inserting after subsection (d) the following new subsections:
``(e)(1) Notwithstanding subsections (a) through (d) of
this section, sections 5120 (a) and (d) of title 38, and any
other provision of law, all Federal payments to a recipient
who becomes eligible for that type of payment after 90 days
after the date of the enactment of the Debt Collection
Improvement Act of 1996 shall be made by electronic funds
transfer.
``(2) The head of a Federal agency shall, with respect to
Federal payments made or authorized by the agency, waive the
application of paragraph (1) to a recipient of those payments
upon receipt of written certification from the recipient that
the recipient does not have an account with a financial
institution or an authorized payment agent.
``(f)(1) Notwithstanding any other provision of law
(including subsections (a) through (e) of this section and
sections 5120 (a) and (d) of title 38), except as provided in
paragraph (2) all Federal payments made after January 1,
1999, shall be made by electronic funds transfer.
``(2)(A) The Secretary of the Treasury may waive
application of this subsection to payments--
``(i) for individuals or classes of individuals for whom
compliance imposes a hardship;
``(ii) for classifications or types of checks; or
``(iii) in other circumstances as may be necessary.
[[Page 982]]
``(B) The Secretary of the Treasury shall make
determinations under subparagraph (A) based on standards
developed by the Secretary.
``(g) Each recipient of Federal payments required to be
made by electronic funds transfer shall--
``(1) designate 1 or more financial institutions or other
authorized agents to which such payments shall be made; and
``(2) provide to the Federal agency that makes or
authorizes the payments information necessary for the
recipient to receive electronic funds transfer payments
through each institution or agent designated under paragraph
(1).''; and
(B) by adding after subsection (h) (as so redesignated) the
following new subsections:
``(i)(1) The Secretary of the Treasury may prescribe
regulations that the Secretary considers necessary to carry
out this section.
``(2) Regulations under this subsection shall ensure that
individuals required under subsection (g) to have an account
at a financial institution because of the application of
subsection (f)(1)--
``(A) will have access to such an account at a reasonable
cost; and
``(B) are given the same consumer protections with respect
to the account as other account holders at the same financial
institution.
``(j) For purposes of this section--
``(1) The term `electronic funds transfer' means any
transfer of funds, other than a transaction originated by
cash, check, or similar paper instrument, that is initiated
through an electronic terminal, telephone, computer, or
magnetic tape, for the purpose of ordering, instructing, or
authorizing a financial institution to debit or credit an
account. The term includes Automated Clearing House
transfers, Fed Wire transfers, transfers made at automatic
teller machines, and point-of-sale terminals.
``(2) The term `Federal agency' means--
``(A) an agency (as defined in section 101 of this title);
and
``(B) a Government corporation (as defined in section 103
of title 5).
``(3) The term `Federal payments' includes--
``(A) Federal wage, salary, and retirement payments;
``(B) vendor and expense reimbursement payments; and
``(C) benefit payments.
Such term shall not include any payment under the Internal
Revenue Code of 1986.''
(2) Amendments Relating to Substitute Checks.--Section 3331
of title 31, United States Code, is amended--
(A) in subsection (b), by striking ``subsection (c)'' and
inserting ``subsection (c) or (f)'';
(B) by redesignating subsection (f) as subsection (g); and
(C) by inserting after subsection (e) the following new
subsection:
``(f) The Secretary may waive any provision of this section
as may be necessary to ensure that claimants receive timely
payments.''.
(3) Permanent Funding of the Check Forgery Insurance
Fund.--Section 3343 of title 31, United States Code, is
amended--
(A) in subsection (a), by amending the second sentence to
read as follows: ``Necessary amounts are hereafter
appropriated to the Fund out of any moneys in the Treasury
not otherwise appropriated, and shall remain available until
expended to make the payments required or authorized under
this section.'';
(B) in subsection (b)--
(i) by inserting ``in the determination of the Secretary
the payee or special endorse establishes that'' after
``without interest if'';
(ii) in paragraph (2), by inserting ``and'' after the
semicolon;
(iii) in paragraph (3), by striking ``; and'' and inserting
a period; and
(iv) by striking paragraph (4);
(C) in subsection (d), by inserting after the first
sentence the following new sentence: ``The Secretary may use
amounts in the Fund to reimburse payment certifying or
authorizing agencies for any payment that the Secretary
determines would otherwise have been payable from the Fund,
and may reimburse certifying or authorizing agencies with
amounts recovered because of payee nonentitlement.'';
(D) by redesignating subsection (e) as subsection (g); and
(E) by inserting after subsection (d) the following new
subsections:
``(e) The Secretary may waive any provision of this section
as may be necessary to ensure that claimants receive timely
payments.
``(f) Under such conditions as the Secretary may prescribe,
the Secretary may delegate duties and powers of the Secretary
under this section to the head of an agency. Consistent with
a delegation from the Secretary under this subsection, the
head of an agency may redelegate those duties and powers to
officers or employees of the agency.''.
(y) Section 3325 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(d) The head of an executive agency or an officer or
employee of an executive agency referred to in subsection
(a)(1)(B), as applicable, shall include with each certified
voucher submitted to a disbursing official pursuant to this
section the taxpayer identifying number of each person to
whom payment may be made under the voucher.''.
(z)(1) In general.--Section 3701 of title 31, United States
Code, is amended--
(A) by amending subsection (a)(1) to read as follows:
``(1) `administrative offset' means withholding funds
payable by the United States (including funds payable by the
United States on behalf of a State government) to, or held by
the United States for, a person to satisfy a claim.'';
(B) by amending subsection (b) to read as follows:
``(b)(1) In subchapter II of this chapter and subsection
(a)(8) of this section, the term `claim' or `debt' means any
amount of funds or property that has been determined by an
appropriate official of the Federal Government to be owed to
the United States by a person, organization, or entity other
than another Federal agency. A claim includes, without
limitation--
``(A) funds owed on account of loans made, insured, or
guaranteed by the Government, including any deficiency or any
difference between the price obtained by the Government in
the sale of a property and the amount owed to the Government
on a mortgage on the property,
``(B) expenditures of nonappropriated funds,
``(C) over-payments, including payments disallowed by
audits performed by the Inspector General of the agency
administering the program,
``(D) any amount the United States is authorized by statute
to collect for the benefit of any person,
``(E) the unpaid share of any non-Federal partner in a
program involving a Federal payment and a matching, or cost-
sharing, payment by the non-Federal partner,
``(F) any fines or penalties assessed by an agency; and
``(G) other amounts of money or property owed to the
Government.
``(2) For purposes of section 3716 of this title, each of
the terms `claim' and `debt' includes an amount of funds or
property owed by a person to a State (including any past-due
support being enforced by the State), the District of
Columbia, American Samoa, Guam, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands, or
the Commonwealth of Puerto Rico.'';
(C) by adding after subsection (d) the following new
subsection:
``(e) In section 3716 of this title--
``(1) `creditor agency' means any agency owed a claim that
seeks to collect that claim through administrative offset;
and
``(2) `payment certifying agency' means any agency that has
transmitted a voucher to a disbursing official for
disbursement.
``(f) In section 3711 of this title, `private collection
contractor' means private debt collectors under contract with
an agency to collect a nontax debt or claim owed the United
States. The term includes private debt collectors, collection
agencies, and commercial attorneys.''; and
(D) by amending subsection (d) to read as follows:
``(d) Sections 3711(f) and 3716-3719 of this title do not
apply to a claim or debt under, or to an amount payable
under--
``(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.),
``(2) the Social Security Act (42 U.S.C. 301 et seq.),
except to the extent provided under section 204(f) of such
Act and section 3716(c) of this title, or
``(3) the tariff laws of the United States.''.
(2) Social Security.--
(A) Application of amendments made by this act.--Subsection
(f) of section 204 of the Social Security Act (42 U.S.C. 404)
is amended to read as follows:
``(f)(1) With respect to any deliquent amount, the
Commissioner of Social Security may use the collection
practices described in sections 3711(f), 3716, 3717, and 3718
of title 31, United States Code and in section 5514 of title
5, United States Code, as in effect immediately after the
enactment of the Debt Collection Improvement Act of 1996.''
(B) Permanent Application.--Subsection (c) of section 5 of
the Social Security Domestic Reform Act of 1994 (Public Law
103-387) is amended by striking ``and before'' and all that
follows and inserting a period.
(aa)(1) Guidelines.--The Secretary of the Treasury, in
consultation with concerned Federal agencies, may establish
guidelines, including information on outstanding debt, to
assist agencies in the performance and monitoring of debt
collection activities.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Treasury shall
report to the Congress on collection services provided by
Federal agencies or entities collecting debt on behalf of
other Federal agencies under the authorities contained in
section 3711(g) of title 31, United States Code, as added by
subsection (m) of this section.
(3) Agency Reports.--Section 3719 of title 31, United
States Code, is amended--
(A) in subsection (a)--
(i) by amending the first sentence to read as follows: ``In
consultation with the Comptroller General of the United
States, the Secretary of the Treasury shall prescribe
regulations requiring the head of each agency with
outstanding nontax claims to prepare and submit to the
Secretary at least once each year a report summarizing the
status of loans and accounts receivable that are managed by
the head of the agency.''; and
(ii) in paragraph (3), by striking ``Director'' and
inserting ``Secretary''; and
(B) in subsection (b), by striking ``Director'' and
inserting ``Secretary''.
(4) Consolidation of Reports.--Notwithstanding any other
provision of law, the Secretary of the Treasury may
consolidate re
[[Page 983]]
ports concerning debt collection otherwise required to be
submitted by the Secretary into one annual report.
(bb) The Director of the Office of Management and Budget
shall--
(1) review the standards and policies of each Federal
agency for compromising, writing-down, forgiving, or
discharging indebtedness arising from programs of the agency;
(2) determine whether those standards and policies are
consistent and protect the interests of the United States;
(3) in the case of any Federal agency standard or policy
that the Director determines is not consistent or does not
protect the interests of the United States, direct the head
of the agency to make appropriate modifications to the
standard or policy; and
(4) report annually to the Congress on--
(A) deficiencies in the standards and policies of Federal
agencies for compromising, writing-down, forgiving, or
discharging indebtedness; and
(B) progress made in improving those standards and
policies.
(cc)(1) Elimination of Minimum Number of Contracts.--
Section 3718(b)(1)(A) of title 31, United States Code, is
amended by striking the fourth sentence.
(2) Repeal.--Sections 3 and 5 of the Act of October 28,
1986 (popularly known as the Federal Debt Recovery Act;
Public Law 99-578, 100 Stat. 3305) are hereby repealed.
FEDERAL ADMINISTRATIVE AND PERSONAL SERVICES EXPENSES
(rescissions)
Sec. 31002. (a) Of the funds available to the agencies of
the Federal Government, $500,000,000 are hereby rescinded:
Provided, That rescissions pursuant to this paragraph shall
be taken only from administrative and personal services and
contractual services and supplies accounts: Provided further,
That rescissions shall be taken on a pro rata basis from
funds available to every Federal agency, department, and
office in the Executive Branch, including the Office of the
President.
(b) Within 30 days of enactment of this Act, the Director
of the Office of Management and Budget shall submit to the
Committees on Appropriations of the House and Senate a
listing of the amounts by account of the reductions made
pursuant to the provisions of subsections (a) and (b) of this
section.
This Act may be cited as the ``Omnibus Consolidated
Rescissions and Appropriations Act of 1996''.
And the Senate agree to the same.
For consideration of the House Bill (except for section
101(c)) and the Senate amendment (except for section 101(d)),
and modifications committed to conference:
Bob Livingston,
John Myers,
Bill Young,
Ralph Regula,
John Edward Porter,
Hal Rogers,
Joe Skeen,
Frank R. Wolf,
Barbara Vucanovich,
Jim Lightfoot,
Sonny Callahan,
James T. Walsh,
David R. Obey,
Louis Stokes,
Tom Bevill,
John P. Murtha,
Charles Wilson,
Bill Hefner,
Alan Mollohan,
For consideration of section 101(c) of the House bill, and
section 101(d) of the Senate amendment, and modifications
committed to conference:
John Edward Porter,
Bill Young,
Ernest Istook,
Dan Miller,
Jay Dickey,
Frank Riggs,
Roger F. Wicker,
Bob Livingston,
David R. Obey,
Louis Stokes,
Steny Hoyer,
Nancy Pelosi,
Nita M. Lowey,
Managers on the Part of the House.
Mark O. Hatfield,
Ted Stevens,
Thad Cochran,
Arlen Specter,
Pete V. Domenici,
Christopher S. Bond,
Slade Gorton,
Mitch McConnell,
Connie Mack,
Richard C. Shelby,
James M. Jeffords,
Robert F. Bennett,
Ben Nighthorse Campbell,
Robert Byrd,
Daniel K. Inouye,
Fritz Hollings,
J. Bennett Johnston,
Patrick J. Leahy,
Dale Bumpers,
Frank R. Lautenberg,
Tom Harkin,
Barbara A. Mikulski,
Harry Reid,
J. Robert Kerrey,
Patty Murray,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. YATES moved to recommit the conference report on H.R. 3019 to the
committee of conference.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the nays had it.
So the motion to recommit the conference report to the committee of
conference was not agreed to.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
399
<3-line {>
affirmative
Nays
25
para.47.16 [Roll No. 135]
YEAS--399
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
[[Page 984]]
Schiff
Schumer
Scott
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--25
Bonilla
Chabot
DeFazio
Dornan
Duncan
Funderburk
Graham
Hancock
Hilliard
Hunter
Hyde
Johnson, Sam
Jones
Largent
Norwood
Sanford
Scarborough
Sensenbrenner
Shadegg
Smith (MI)
Souder
Thornberry
Waters
Watt (NC)
Yates
NOT VOTING--10
Baesler
de la Garza
Ewing
Jacobs
Peterson (MN)
Quillen
Rangel
Rose
Schroeder
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby the conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.47.17 adjournment over
On motion of Mr. HASTERT, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, April 29, 1996, at 2:00 o'clock p.m.
para.47.18 hour of meeting
On motion of Mr. HASTERT, by unanimous consent,
Ordered, That when the House adjourns on Monday, April 29, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, April 30, 1996, for ``morning
hour'' debates.
para.47.19 calendar wednesday business dispensed with
On motion of Mr. HASTERT, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May 1,
1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.47.20 united states housing act
On motion of Mr. LAZIO, by unanimous consent,
Ordered, That the Committee on Banking and Financial Services is
hereby permitted to file a supplemental report on the bill (H.R. 2406)
to repeal the United States Housing Act of 1937, deregulate the public
housing program and the program for rental housing assistance for low-
income families, and increase community control over such programs, and
for other purposes.
para.47.21 recess--5:15 p.m.
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 12 of rule I,
declared the House in recess at 5 o'clock and 15 minutes p.m., subject
to the call of the Chair.
para.47.22 after recess--8:45 p.m.
The SPEAKER pro tempore, Mr. FOLEY, called the House to order.
para.47.23 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agreed to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 3019) ``An Act making appropriations for
fiscal year 1996 to make a further downpayment toward a balanced budget,
and for other purposes.''.
The message further announced that the Senate passed without
amendment:
H. Con. Res. 166. Concurrent resolution authorizing the use
of the Capitol Grounds for the Washington for Jesus 1996
prayer rally.
para.47.24 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 3019. An Act making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes.
H.R. 3055. An Act to amend section 326 of the Higher
Education Act of 1965 to permit continued participation by
Historically Black Graduate Professional Schools in the grant
program authorized by that section.
para.47.25 joint resolution presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following title:
H.J. Res. 175. A joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
para.47.26 leave of absence
By unanimous consent, leave of absence was granted to Mr. EWING, for
today.
And then,
para.47.27 adjournment
On motion of Mr. HORN, pursuant to the special order heretofore agreed
to, at 8 o'clock and 48 minutes p.m., the House adjourned until 2:00
o'clock p.m. on Monday, April 29, 1996.
para.47.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. LEACH: Committee on Banking and Financial Services.
Supplemental report on H.R. 2406. A bill to repeal the United
States Housing Act of 1937, deregulate the public housing
program and the program for rental housing assistance for
low-income families, and increase community control over such
programs, and for other purposes (Rept. No. 104-461 Pt. 2).
Mr. LIVINGSTON: Committee of conference. Conference report
on H.R. 3019. A bill making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes (Rept. No. 104-537). Ordered to be
printed.
Mr. SOLOMON: Committee on Rules. House Resolution 415.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3019) making
appropriations for fiscal year 1996 to make a further
downpayment toward a balanced budget, and for other purposes
(Rept. No. 104-538). Referred to the House Calendar.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 2570. A bill to amend the Older Americans
Act of 1965 to authorize appropriations for fiscal years
1997, 1998, 1999, 2000, and 2001, and for other purposes;
with an amendment (Rept. No. 104-539). Referred to the
Committee of the Whole House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 1663. A bill to
amend the Waste Isolation Pilot Plant Land Withdrawal Act;
with an amendment (Rept. No. 104-540 Pt. 1). Ordered to be
printed.
para.47.29 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 1663. Referral to the Committee on National Security
extended for a period ending not later than June 14, 1996.
para.47.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Duncan,
Mr. Wamp, Mr. Hilleary, Mr. Clement, Mr. Gordon, Mr.
Bryant of Tennessee, Mr. Tanner, Mr. Ford, Mr.
Solomon, Mr. Parker, Mr. Smith of New Jersey, Mr.
Bilirakis, Mr. Spence, Mr. Hutchinson, Mr. Everett,
Mr. Buyer, Mr. Quinn, Mr. Bachus, Mr. Stearns, Mr.
Ney, Mr. Fox, Mr. Flanagan, Mr. Barr, Mr. Weller, Mr.
Hayworth, Mr. Cooley, Mr. Schaefer, Mr. Evans, Mr.
Kennedy of Massachusetts, Mr. Edwards, Mr. Filner,
Mr. Tejeda, Mr. Gutierrez, Mr. Baesler, Mr. Bishop,
Mr. Clyburn, Ms. Brown of Florida, Mr. Doyle, and Mr.
Mascara):
H.R. 3320. A bill to name the Mountain Home Department of
Veterans Affairs medical center in Johnson City, TN, as the
``James H. Quillen Department of Veterans Affairs Medical
Center''; to the Committee on Veterans' Affairs.
By Mr. WELLER:
H.R. 3321. A bill to amend title 38, United States Code, to
expand the authority of the Secretary of Veterans Affairs to
enter into sharing agreements relating to use of health care
resources; to the Committee on Veterans' Affairs.
By Mr. WALKER (for himself, Mr. Sensenbrenner, Mrs.
Morella, Mr. Rohrabacher, and Mr. Schiff):
[[Page 985]]
H.R. 3322. A bill to authorize appropriations for fiscal
year 1997 for civilian science activities of the Federal
Government, and for other purposes; to the Committee on
Science, and in addition to the Committees on Resources,
Transportation and Infrastructure, and National Security, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. BECERRA (for himself, Mr. Pastor, Mr. Diaz-
Balart, Mr. Serrano, Ms. Velazquez, Mr. Torres, Ms.
Roybal-Allard, Mr. Richardson, Mr. Martinez, Mr.
Berman, Ms. Lofgren, Mr. Farr, Mr. Matsui, Ms.
Waters, Mrs. Mink of Hawaii, Mr. Green of Texas, Mr.
Filner, Mr. Tejeda, Mr. Ortiz, Mr. Romero-Barcelo,
Mr. de la Garza, Mr. Gutierrez, Mr. Underwood, Mr.
Conyers, Mr. Nadler, Mr. Schumer, Mr. McDermott, Ms.
Ros-Lehtinen, and Mr. Watt of North Carolina):
H.R. 3323. A bill to promote the naturalization of eligible
individuals by making the administration of oaths of
allegiance more efficient, improving the dissemination of
information about eligibility and requirements for
naturalization, making grants for citizenship preparation,
and requiring the Attorney General periodically to consult
with appropriate private organizations, and for other
purposes; to the Committee on the Judiciary.
By Mr. TIAHRT (for himself, Mr. Lewis of Kentucky, Mr.
Talent, Mr. Graham, Mr. Lipinski, Mr. Cooley, Mr.
Largent, Mr. Stockman, Mr. Coburn, Mr. Gutknecht, Mr.
Hutchinson, Mr. Bartlett of Maryland, Mr. Emerson,
and Mr. Souder):
H.R. 3324. A bill to amend the General Educations
Provisions Act to allow parents access to certain
information; to the Committee on Economic and Educational
Opportunities.
By Mr. BRYANT of Tennessee:
H.R. 3325. A bill to provide certain technical assistance
to the Chickasaw Basin Authority; to the Committee on
Agriculture.
By Mr. CRAPO:
H.R. 3326. A bill to amend the Fair Labor Standards Act of
1938 to adjust the maximum hour exemption for agricultural
employees, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mr. FALEOMAVAEGA:
H.R. 3327. A bill to amend title 10, United States Code, to
provide that U.S. nationals should be eligible for advanced
training in, and for financial assistance as members of, the
Senior Reserve Officers' Training Corps; to the Committee on
National Security.
By Mr. GORDON:
H.R. 3328. A bill to amend title 18, United States Code, to
prohibit sports agents from influencing college athletes; to
the Committee on the Judiciary.
By Mr. HILLIARD:
H.R. 3329. A bill to amend the Internal Revenue Code of
1986 to increase the amount which may be expensed with
respect to certain depreciable business assets; to the
Committee on Ways and Means.
H.R. 3330. A bill to amend the Internal Revenue Code of
1986 to increase the deduction for health insurance costs of
self-employed individuals; to the Committee on Ways and
Means.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself,
Mrs. Morella, Mr. Hayes, Mr. Green of Texas, Ms.
Waters, Mr. Hilliard, Mrs. Meek of Florida, Mr.
Frost, Mrs. Clayton, Ms. Lofgren, Ms. Norton, Mr.
Frazer, Mr. Thompson, Mr. Towns, Miss Collins of
Michigan, Mr. Evans, and Mrs. Kennelly):
H.R. 3331. A bill to amend the Public Health Service Act to
expand and intensify programs of the National Institutes of
Health with respect to research and related activities
concerning osteoporosis and related bone diseases; to the
Committee on Commerce.
By Ms. McKINNEY:
H.R. 3332. A bill to amend the Internal Revenue Code of
1986 to increase the child care credit and eliminate the
exclusion of certain income of and the special dividends
received deduction with respect to foreign sales
corporations; to the Committee on Ways and Means.
H.R. 3333. A bill to amend the Internal Revenue Code of
1986 to reduce by 50 percent certain tax benefits allowable
to profitable large corporations which make certain workforce
reductions; to the Committee on Ways and Means, and in
addition to the Committee on International Relations, and
Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MICA (for himself, Mr. Rangel, Mr. Souder, and
Mr. Zeliff):
H.R. 3334. A bill to amend the Communications Act of 1934
to require broadcasters to participate in drug and substance
abuse information and education efforts as part of their
public service obligations; to the Committee on Commerce.
By Ms. MOLINARI:
H.R. 3335. A bill to make certain administrative reforms
relating to the Federal Railroad Administration and to make
further improvements to the laws governing railroad safety;
to the Committee on Transportation and Infrastructure.
By Ms. NORTON:
H.R. 3336. A bill to provide for temporary authority to
waive the reduction for early retirement under the Civil
Service Retirement System to assist the District of Columbia
government in its work force downsizing efforts, and for
other purposes; to the Committee on Government Reform and
Oversight.
By Mr. RAMSTAD (for himself, Mr. Houghton, Mr.
Gutknecht, Mr. Kolbe, Mr. Pastor, Mr. Ewing, Mr.
Manton, Mr. Vento, and Mr. Luther):
H.R. 3337. A bill to extend certain Medicare community
nursing organization demonstration projects; to the Committee
on Ways and Means, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. de la
Garza, and Mr. Condit):
H.R. 3338. A bill to reform antimicrobial pesticide
registration, and for other purposes; to the Committee on
Agriculture.
By Mr. SKAGGS:
H.R. 3339. A bill to designate certain lands in Rocky
Mountain National Park as wilderness, and for other purposes;
to the Committee on Resources.
By Mr. SMITH of Michigan:
H.R. 3340. A bill to amend the National Flood Insurance Act
of 1968 to provide for corrections to flood maps erroneously
including certain areas within a special flood hazards area;
to the Committee on Banking and Financial Services.
By Mr. SOLOMON:
H.R. 3341. A bill to amend the Controlled Substances Act to
provide an enhanced penalty for distributing a controlled
substance with the intent to facilitate a rape or sexual
battery; to the Committee on the Judiciary, and in addition
to the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. STARK:
H.R. 3342. A bill to amend the Internal Revenue Code of
1986 to assist in assuring health coverage for workers over
55 who leave employment; to the Committee on Ways and Means.
By Mr. STEARNS (for himself, Mr. Armey, Mr. Shadegg,
Mr. Stump, Mr. Weldon of Florida, and Mr. Norwood):
H.R. 3343. A bill to amend the Internal Revenue Code of
1986 to repeal the withholding of income taxes and to require
individuals to pay estimated taxes on a monthly basis; to the
Committee on Ways and Means.
By Mr. STUPAK:
H.R. 3344. A bill to authorize the conveyance of the Coast
Guard Presque Isle Light Station to Presque Isle Township,
Presque Isle County, MI; to the Committee on Transportation
and Infrastructure.
By Mr. TATE (for himself, Mr. Gibbons, Mr. Brewster,
Mrs. Smith of Washington, Mr. Stark, Mr. Pete Geren
of Texas, Mr. Meehan, Mr. English of Pennsylvania,
Mr. Castle, Mr. Baker of Louisiana, Mr. Fields of
Texas, Mr. Coleman, Mr. Barton of Texas, Mr.
Greenwood, Mr. Bentsen, Mr. Baker of California, Mr.
Franks of New Jersey, Mr. Frank of Massachusetts, Mr.
Wamp, Mr. Chapman, Mr. Zimmer, Mr. Thompson, Mr.
Hoekstra, Mr. Livingston, Ms. Greene of Utah, Mr.
Davis, Mr. Moran, Mrs. Vucanovich, Mr. Blute, Mr. Sam
Johnson, Mr. Frelinghuysen, Mr. Foglietta, Mrs.
Lowey, Mr. LoBiondo, Mr. Stenholm, Mr. Green of
Texas, Mr. Horn, Mr. Lewis of California, Mr.
Shuster, Mr. Chabot, Mr. Montgomery, Mr. Clinger, Mr.
Ackerman, Mr. Bonilla, Mr. Ensign, Mr. Moorhead, Mr.
McCrery, Mr. Mica, Mr. Zeliff, Mr. Shays, Mr. Miller
of Florida, Mr. Smith of New Jersey, and Mr.
Hilleary):
H.R. 3345. A bill to amend the Internal Revenue Code of
1986 to reduce the tax incentives for the production of
alcohol for fuel use; to the Committee on Ways and Means.
By Mrs. THURMAN (for herself, Ms. Brown of Florida, Mr.
Foley, Mr. Bilirakis, Mr. Hastings of Florida, Mr.
Miller of Florida, Mr. Mica, Mr. Canady, and Mr.
Weldon of Florida):
H.R. 3346. A bill to require the Secretary of Veterans
Affairs to develop a plan for allocation of health care
resources by the Department of Veterans Affairs; to the
Committee on Veterans' Affairs.
By Mr. VENTO (for himself, Mr. Gonzalez, and Mr.
Kennedy of Massachusetts):
H.R. 3347. A bill to amend the Stewart B. McKinney Homeless
Assistance Act to revise and extend programs providing
urgently needed assistance for the homeless, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. FAZIO of California:
H. Res. 414. Resolution designating minority membership on
certain standing committees of the House. Considered and
agreed to.
para.47.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Martini.
[[Page 986]]
H.R. 294: Mr. Waxman and Mr. Gutierrez.
H.R. 351: Mr. Kim, Mr. Archer, Mr. Packard, and Mr. Souder.
H.R. 561: Mr. Watt of North Carolina and Mr. McDermott.
H.R. 661: Mr. Campbell.
H.R. 820: Mr. Orton, Ms. Pelosi, Mrs. Maloney, Mr. McHale,
and Mr. Berman.
H.R. 911: Mr. Lazio of New York.
H.R. 969: Mr. Farr.
H.R. 972: Mr. Funderburk.
H.R. 1127: Ms. Greene of Utah.
H.R. 1161: Mr. Frost.
H.R. 1210: Mr. Martini.
H.R. 1328: Mr. Klink.
H.R. 1363: Mr. Moorhead and Mr. Royce.
H.R. 1386: Ms. Pryce, Mr. Scarborough, Mr. Burr, and Ms.
Greene of Utah.
H.R. 1406: Mr. LaFalce.
H.R. 1416: Mr. Bonior, Mr. Meehan, and Mr. Cardin.
H.R. 1618: Mr. Funderburk, Mr. Graham, Mr. Weldon of
Florida, Mr. Heineman, Mr. Tate, Mrs. Chenoweth, and Mr.
Hilleary.
H.R. 1619: Mr. Pallone.
H.R. 1711: Mr. Kingston.
H.R. 1758: Mr. Borski, Mr. Evans, and Mr. DeFazio.
H.R. 1776: Mr. Payne of Virginia, Mrs. Thurman, Mr.
Faleomavaega, and Mr. Minge.
H.R. 1797: Mr. Rangel.
H.R. 1883: Mr. Schaefer and Mr. Laughlin.
H.R. 1998: Mr. Funderburk.
H.R. 2066: Mr. Packard, Mr. Knollenberg, Mr. Towns, Mr.
Stump, Mr. Weldon of Pennsylvania, Mrs. Johnson of
Connecticut, Mr. Green of Texas, Mr. Rahall, and Mrs.
Roukema.
H.R. 2090: Mr. Salmon.
H.R. 2138: Mr. Houghton, Mr. Rahall, Mr. Zimmer, and Mr.
Smith of Texas.
H.R. 2247: Ms. DeLauro, Ms. Furse, Mr. Johnson of South
Dakota, Mrs. Kelly. Mr. Neal of Massachusetts, and Mr.
Torkildsen.
H.R. 2270: Mr. Ehrlich.
H.R. 2320: Mr. Hayworth, Mr. Zimmer, Mr. Hutchinson, and
Mr. Salmon.
H.R. 2391: Mr. Shays and Mrs. Myrick.
H.R. 2548: Mr. Spratt and Mr. Holden.
H.R. 2551: Mr. Campbell.
H.R. 2617: Mr. Greenwood.
H.R. 2651: Mr. Waxman.
H.R. 2655: Mr. Zimmer.
H.R. 2676: Mr. Johnson of South Dakota.
H.R. 2683: Mrs. Lowey and Mrs. Kelly.
H.R. 2751: Mr. Bentsen.
H.R. 2757: Mr. Brown of Ohio and Mr. Yates.
H.R. 2807: Mr. Chrysler, Mr. Frost, Mr. Diaz-Balart, Ms.
Ros-Lehtinen, Mr. Pastor, Ms. Danner, Mr. Quinn, Mr. Neal of
Massachusetts, Ms. Norton, and Mr. Kolbe.
H.R. 2818: Mr. Engel.
H.R. 2900: Mr. Franks of Connecticut, Mr. Bilbray, Mr.
Taylor of Mississippi, Mr. Skeen, Mr. Filner, and Mr. Lewis
of Georgia.
H.R. 2912: Ms. Rivers.
H.R. 2927: Mr. Baker of Louisiana, Mr. Stockman, and Mr.
Rohrabacher.
H.R. 2958: Mr. Ehlers.
H.R. 2976: Mr. Davis and Ms. Greene of Utah.
H.R. 2991: Mr. Evans.
H.R. 2992: Mr. Hayworth.
H.R. 2994: Mr. Orton, Ms. DeLauro, Mr. Kildee, Mr. Brown of
Ohio, and Mr. Ehlers.
H.R. 3002: Mr. Buyer.
H.R. 3003: Ms. Roybal-Allard, Mr. Vento, Mr. Evans, and Mr.
Hinchey.
H.R. 3043: Mr. Ehlers.
H.R. 3053: Mr. Meehan.
H.R. 3067: Mr. Martinez, Mr. Stark, and Mr. Evans.
H.R. 3079: Mrs. Meek of Florida.
H.R. 3083: Mr. Calvert and Mr. Rohrabacher.
H.R. 3100: Mr. Largent.
H.R. 3119: Mr. de la Garza, Mr. Stupak, and Mr. McCrery.
H.R. 3124: Mr. Hinchey.
H.R. 3139: Mr. King, Mr. Frisa, Mr. Owens, Mr. Houghton,
Mr. Nadler, Mrs. Lowey, Ms. Velazquez, Ms. Slaughter, Mr.
LaFalce, Mr. Quinn, and Mr. Paxon.
H.R. 3150: Mr. Gonzalez, Mr. Frazer, Ms. Norton, Mr.
Underwood, Ms. Lofgren, and Mr. Frost.
H.R. 3153: Mr. Camp and Mr. Cooley.
H.R. 3161: Mr. Lantos.
H.R. 3167: Ms. Furse.
H.R. 3180: Mr. Bentsen, Mr. Lipinski, and Mr. Fazio of
California.
H.R. 3187: Ms. Woolsey, Mr. Kennedy of Massachusetts, Mr.
Farr, Mr. Stupak, and Mr. Borski.
H.R. 3195: Mr. Watts of Oklahoma and Mr. Norwood.
H.R. 3224: Mr. Baker of Louisiana and Mr. English of
Pennsylvania.
H.R. 3226: Ms. Green of Utah and Mrs. Kelly.
H.R. 3236: Mr. Dickey.
H.R. 3246: Mr. Fattah.
H.R. 3253: Mr. Stump.
H.R. 3267: Mr. Thompson and Mr. Hamilton.
H.R. 3286: Mr. Blute.
H.R. 3294: Mr. Lantos.
H.J. Res. 70: Ms. Furse.
H.J. Res. 90: Mr. Quillen.
H.J. Res. 164: Mr. Packard.
H. Con. Res. 10: Mr. Barrett of Nebraska.
H. Con. Res. 47: Mr. Gekas and Mr. Ensign.
H. Con. Res. 83: Mr. Vento.
H. Con. Res. 145: Mr. Funderburk.
H. Con. Res. 156: Mr. Rangel, Mr. English of Pennsylvania,
Mrs. Kelly, Mr. Scott, Mr. Evans, and Mr. Pallone.
H. Res. 49: Mr. Lantos.
H. Res. 359: Mr. Calvert.
H. Res. 385: Ms. Danner and Mr. Jefferson.
para.47.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1202: Mr. Peterson of Florida.
H.R. 1972: Mr. Towns.
H.R. 2535: Mr. Chambliss.
H.R. 2723: Mr. Bishop.
H.R. 3024: Mr. Towns.
.
MONDAY, APRIL 29, 1996 (48)
para.48.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. COX, who
laid before the House the following communication:
Washington, DC,
April 29, 1996.
I hereby designate the Honorable Christopher Cox to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.48.2 approval of the journal
The SPEAKER pro tempore, Mr. COX, announced he had examined and
approved the Journal of the proceedings of Thursday, April 23. 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.48.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2545. A letter from the Secretary of Health and Human
Services, transmitting the annual report for fiscal year 1994
describing the activities and accomplishments of programs for
persons with developmental disabilities and their families,
pursuant to 42 U.S.C. 6006(c); to the Committee on Commerce.
2546. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Manufacturing Incentives for Alternative Fuel Vehicles (RIN:
2127-AF18), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2547. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
1997 High-Theft Vehicle Lines (RIN: 2127-AG34), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2548. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Light Truck Average Fuel Economy Standard, model year 1998
(RIN: 2127-AF16), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2549. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plan for Indian (Direct final)
(FRL-5435-8), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2550. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision; Mojave Desert Air Quality
Management District; San Diego County Air Pollution Control
District; San Joaquin Valley Unified Air Pollution Control
District (FRL-5441-3), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2551. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Approval
and Promulgation of Prevention of Significant Deterioration
[PSD] and General Permitting Provisions Implementation Plan
for Arizona State Pinal County Air Quality Control District
(FRL-544-7), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2252. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Amermectin B1 and Its
Delta-8,0-Isomer; Pesticide Tolerance (FRL-5361-9), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2553. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans Tennessee: Revisions to
Chattanooga/Hamilton County Regulations for Definitions and
Ambient Air Standards for Particulate Matter (FRL-5442-7),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2554. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Rhode
Island; Marine Vessel Rule (FRL-5405-1), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2555. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Control of Air
Pollution; Removal and Modification of Obsolete, Superfluous
or Burdensome Rules (FRL-5450-9), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
[[Page 987]]
2556. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval of Colorado's
Petition to Relax the Federal Gasoline Reid Vapor Pressure
Volatility Standard for 1996 and 1997 (FRL-5457-5), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2557. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act [CAA]
Final Interim Approval of Operating Permits Program and
Delegation of 112(1) Authority; State of Missouri (FRL-5454-
2), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2558. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Tolerances
for Glyphosate (Final) (FRL-5351-1), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2559. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans: Indiana (FRL-5452-4),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2560. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Oil Discharge Program;
Editorial Revision of Rules; Correction (FRL-5449-6),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2561. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of State Implementation Plan; Wisconsin;
Lithographic Printing SIP Revision (FRL-5426-2), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2562. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Land Disposal
Restrictions Phase III--Decharacterized Wastewaters,
Carbamate Wastes, and Spent Potliners (FRL-5452-7), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2563. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Arizona Visibility
Federal Implementation Plan Corrective Revision (FRL-5446-7),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2564. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of State Implementation Plan; Wisconsin; Wood
Furniture Coating SIP Revision (FRL-5422-7), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2565. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Tolerance for
Tribenuron Methyl (FRL-5356-4), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2566. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Designation of Areas
for Air Quality Planning Purposes; State of Texas; Correction
of the Design Value and Classification for the Beaumont/Port
Arthur Ozone Nonattainment Area (FRL-5451-1) pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2567. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Tennessee;
Revision to New Source Review, Construction and Operating
Permit Requirements for Nashville/Davidson County (FRL-5443-
2), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2568. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Pennsylvania Emission Statement Program (Direct Final) (FRL-
5427-2), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
2569. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans for Kentucky: Approval
of Revisions to the KY SIP (Direct final) (FRL-5447-8),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2570. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Oil and
Hazardous Substances Contingency Plan; National Priorities
List Update (FRL-5454-1), pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
2571. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Sulfonium, trimethl-
salt with N-(phosphonomethyl) glycine (1:1) (formerly
glyphosate-trimesium/sulfosate); Pesticide Tolerances and
Food/Feed Additive Regulations (FRL-5361-1), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2572. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Haxaconazole; Pesticide
Tolerance (FRL-5358-6), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2573. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Delegation of 112;
State of Iowa (FRL-5455-4) Plans; California State
Implementation Plan Revision, Placer County Air Pollution
Control District, El Dorado County Air Pollution Control
District, Ventura County Air Pollution Control District,
Yolo-Solano Quality Management District, and Mojave Desert
Air Quality Management District (FRL-5454-9), (6) Approval
and Promulgation of State Implementation Plan; Wisconsin;
Gasoline Storage Tank Vent, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2574. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision, San Joaquin Valley Unified Air
Pollution Control District (FRL-5451-9), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2575. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Oil and
Hazardous Substances Contingency Plan; National Priorities
List Update (FRL-5463-9), pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
2576. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision; Ventura County Air Pollution
Control District; Sacramento Metropolitan Air Quality
Management Division; Placer County Air Pollution Control
District (FRL-5459-3), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2577. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision; Placer County Air Pollution
Control District, El Dorado County Air Pollution Control
District, Ventura County Air Pollution Control District,
Yolo-Solano Quality Management District, and Mojave Desert
Air Quality Management District (FRL-5454-9), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2578. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Wisconsin; Gasoline
Storage Tank Vent Pipe, Traffic Marking Materials, and
Solvent Metal Cleaning SIP Revisions (FRL-5424-2), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2579. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Solid Waste Programs;
Removal of Legally Obsolete Guidelines (FRL-5462-7), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2580. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Oil and
Hazardous Substances Contingency Plan National Priorities
List (FRL-5461-4), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2581. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutants: Petroleum Refineries;
Correction FRL-5463-1), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2582. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Full Approval of Knox
County, Tennessee Operating Permits Program (FRL-5464-1),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2583. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Kansas and Missouri
SIP. Full Approval to Establish Motor Vehicle Emissions
Budget to Fulfill the Requirements (FRL-5448-9), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2584. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Wisconsin SIP.
Industrial Adhesives Revision (FRL-5461-7), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2585. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--California SIP. San
Joaquin Valley Unified Air Pollution Control District (FRL-
5452-6), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
[[Page 988]]
2586. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pennsylvania SIP.
Disapproval of Ozone Redesignation Request and Maintenance
Plan for Pittsburgh (FRL-5465-1), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2587. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Hazardous Waste
Management System: Exclusion for Bethlehem Steel Corporation
in New York (FRL-5461-2), pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
2588. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed letter(s) of offer and
acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-30), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2589. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed letter(s) of offer and
acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-23), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2590. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed letter(s) of offer and
acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 96-29), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2591. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed letter(s) of offer and
acceptance [LOA] to Singapore for defense articles and
services (Transmittal No. 96-33), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2592. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed letter(s) of offer and
acceptance [LOA] to Israel for defense articles and services
(Transmittal No. 96-35), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2593. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed letter(s) of offer and
acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 96-32), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2594. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed letter(s) of offer and
acceptance [LOA] to Saudi Arabia for defense articles and
services (Transmittal No. 96-31), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2595. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed letter(s) of offer and
acceptance [LOA] to Venezuela for defense articles and
services (Transmittal No. 96-24), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2596. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed letter(s) of offer and
acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-25), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2597. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed letter(s) of offer and
acceptance [LOA] to Saudi Arabia for defense articles and
services (Transmittal No. 96-26), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2598. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed letter(s) of offer and
acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-27), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2599. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed letter(s) of offer and
acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 96-28), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2600. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to Thailand
(Transmittal No. DTC-14-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
2601. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to Canada
(Transmittal No. DTC-20-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
2602. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to Botswana
(Transmittal No. DTC-22-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
2603. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
15th annual report on the activities of the multinational
force and Observers and certain financial information
concerning U.S. Government participation in that organization
for the period ending January 15, 1996, pursuant to 22 U.S.C.
3425; to the Committee on International Relations.
2604. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
administration's annual report on U.S. Assistance and related
programs for the Independent States of the Former Soviet
Union, pursuant to 22 U.S.C. 5814; to the Committee on
International Relations.
2605. A letter from the chairman, Board of Governors,
Federal Reserve System, transmitting the Federal Open Market
Committee's annual report of activities under the Freedom of
Information Act for the calendar year 1995, pursuant to 5
U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
2606. A letter from the Assistant Secretary for Indian
Affairs, Department of the Interior, transmitting the fiscal
year 1993 and 1994 report on the implementation of the Indian
Self-Determination and Education Assistance Act, as amended,
pursuant to 45 U.S.C. 450j-1(c); to the Committee on
Resources.
2607. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule-Regulatory Reinvention; Streamlining of HUD's
Regulations Implementing the Fair Housing Act (FR-4029),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
2608. General Counsel, Department of Transportation,
transmitting the Department's final rule--Safety/Security
Zone Regulations; Savannah, GA (RIN: 2115-AA97), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2609. General Counsel, Department of Transportation,
transmitting the Department's final rule--Right-of-Way
Program Administration; Removal of Obsolete and Redundant
Regulations (2125-AC17), pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
2610. General Counsel, Department of Transportation,
transmitting the Department's final rule--Revocation of Class
E Airspace; Lake Winnebago, MO (RIN: 2120-AA66), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2611. General Counsel, Department of Transportation,
transmitting the Department's final rule--Establishment of
Class E Airspace; Stevensville, MD (RIN: 21220-AA66),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2612. General Counsel, Department of Transportation,
transmitting the Department's final rule--Establishment of
Class E Airspace; Auburn, CA (RIN: 2120-AA66), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2613. General Counsel, Department of Transportation,
transmitting the Department's final rule--Modification of
Class E Airspace; Rice Lake, WI (RIN: 2120-AA66), pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2614. General Counsel, Department of Transportation,
transmitting the Department's final rule--Amendment to Class
E Airspace; Elkins, WV (RIN: 2120-AA66), pursuant to U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2615. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Reconfiguration of Restricted Area R-6714, Yakima Firing
Center; WV (RIN: 2120-AA66), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2616. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--IFR
Altitudes; Miscellaneous Amendments (Amdt. No. 395) (RIN:
2120-AA63), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2617. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Amdt. No. 1722) (RIN: 2120-AA65), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2618. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations; Fort Vancouver Fourth of July
Fireworks Display, Columbia River, Vancouver, WA (RIN: 2115-
AA97), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2619. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
First and Fifth District Boundaries, Marine Inspection and
Captain of the Port Zone Boundaries (RIN: 2115-AF31),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2620. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Removal of Appendix to 33 CFR Subpart 1.07, List of Pen
[[Page 989]]
alty Provisions Coast Guard is Authorized to Enforce (RIN:
2115-AF30), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2621. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special anchorage areas: Herb River, Thunderbolt, GA; Bull
River, Savannah, GA; South Channel Savannah River East,
Savannah, GA; South Channel Savannah River West, Savannah,
GA; Calibogue Sound, Hilton Head, SC; May River, Hilton Head,
SC (RIN: 2115-AA98), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2622. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Anchorage grounds: Mississippi River below Baton Rouge, LA,
including South and Southwest Passes (RIN: 2115-AA98),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2623. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety zone: Smith Creek, Vicinity of Wilmington, NC (RIN:
2115-AA97), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2624. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety zone: Atlantic Intracoastal Waterway, Vicinity of
Marine Corps Base Camp Lejeune, NC (RIN: 2115-AA97), pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
2625. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety zone: Elizabeth and York Rivers, VA (RIN: 2115-AA97),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2626. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Annual National Maritime Week
Tugboat Races, Ellicott Bay, Seattle, WA (RIN: 2115-AE46),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2627. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operations; Eltham Drawbridge, Pamunkey River,
West Point, VA (RIN: 2115-AE47), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2628. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--AD:
Boeing Model 747-400 Series Airplanes Powered by General
Electric CF6-80C2 or Pratt & Whitney PW4000 Series Engines
(RIN: 2120-AA64), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2629. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives: SAAB Model SAAB SF340A & SAAB 340B
Series Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2630. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Clerksville, VA (RIN:
2120-AA66), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2631. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
IFR-Altitudes; Miscellaneous Amendments (Amdt. No. 394) (RIN:
2120-AA63), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2632. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Vancouver, Washington
(RIN: 2120-AA66), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2633. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Societe Nationale Industrielle
Aerospatiale and Eurocopter France Model SA-365N, N1, and N2
Helicopters (Docket No. 95-SW-01-AD) (RIN: 2120-AA64),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2634. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives: SAAB Model SAAB SF340A & SAAB 340B
Series Airplanes (RIN: 2120-AA64), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2635. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Hettinger, ND (RIN: 2120-
AA66), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2636. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Standards; Manned Free Balloon Burner Testing
(RIN: 2120-AE87), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2637. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Amdt. No. 1723) (RIN: 2120-AA65), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2638. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Mooney Aircraft Corporation Model
M20J (RIN: 2120-AA64), pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2639. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--AD;
Hamilton standard models 14RF-9, 14RF-19, 14RF-21; & 14SF-5,
14SF-7, 14SF-11, 14SF-15, 14SF-17, 14SF-19, & 14SF-23; &
Hamilton Standard/British Aerospace 6/5500/F Propellers (RIN:
2120-AA64), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2640. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
standard instrument approach procedures; miscellaneous
amendments (Amdt. No. 1721) (RIN: 2120-AA65), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2641. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
general rulemaking procedures (Docket No. 28518; Amendment
No. 11-41), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2642. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
commercial driver's license program and controlled substances
and alcohol use and testing (RIN: 2125-AD46), pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2643. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Qualification of drivers; vision and diabetes, limited
exemptions (RIN: 2125-AD73), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2644. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Exemptions from Federal Motor Carrier Safety Regulations
(RIN: 2125-AD83), pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2645. A letter from the Director, Office of Management and
Budget, transmitting a draft of proposed legislation entitled
the ``Work First and Personal Responsibility Act of 1996'';
jointly, to the Committees on Ways and Means, Agriculture,
Government Reform and Oversight, Economic and Educational
Opportunities, the Judiciary, Banking and Financial Services,
National Security, Commerce, the Budget, Rules, Veterans'
Affairs, Transportation and Infrastructure, and International
Relations.
para.48.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.48.5 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 2024. An Act to phase out the use of mercury in
batteries and provide for the efficient and cost-effective
collection and recycling or proper disposal of used nickel
cadmium batteries, small sealed lead-acid batteries, and
certain other batteries, and for other purposes.
The message also announced that the Senate had passed a concurrent
resolution of the following title, in which the concurrence of the House
is requested:
S. Con. Res. 56. Concurrent resolution recognizing the
tenth anniversary of the Chornobyl nuclear disaster, and
supporting the closing of the Chornobyl nuclear power plant.
para.48.6 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. COX, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, April 26, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, April 26th
at 1:07 p.m. and said to contain a message from the President
whereby he notifies and transmits a copy of a suspension
under the Department of the Interior and Related Agencies
Appropriations Act, 1996.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
[[Page 990]]
para.48.7 tongass national forest suspension
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby report that I have exercised the authority provided to me
under subsection 325(c) of the Department of the Interior and Related
Agencies Appropriations Act, 1996, to suspend subsection 325(a) and
325(b) of such Act. A copy of the suspension is attached.
William J. Clinton.
The White House, April 26, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and the
Committee on Resources and ordered to be printed (H. Doc. 104-206).
para.48.8 message from the president--drug control strategy
The SPEAKER pro tempore, Mr. COX, laid before the House a message from
the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit to the Congress the 1996 National Drug
Control Strategy. This Strategy carries forward the policies and
principles of the 1994 and 1995 Stretegies. It describes new directions
and initiatives to confront the ever-changing challenges of drug abuse
and trafficking.
This past March I convened the White House Leadership Conference on
Youth, Drug Use, and Violence in order to focus the Nation's attention
on two major health problems faced by young people today--drug use and
violence. The conference brought together over 300 young people,
parents, clergy, community and business leaders, judges, prosecutors,
police, entertainers, media executives, researchers, and treatment and
prevention specialists from across America to examine solutions and keep
us moving forward with proven strategies. The Vice President, General
Barry McCaffrey, and I met with the participants in a series of
roundtable discussions, discussing how to strengthen the efforts of
families, the media, communities, schools, businesses, and government to
reduce drug use and violence. Participants left with new energy and new
ideas, determined to return home and begin implementing the solutions
and strategies discussed that day.
This conference took place at an important juncture in America's
ongoing fight against drug abuse. In the last few years our nation has
made significant progress against drug use and related crime. The number
of Americans who use cocaine has been reduced by 30 percent since 1992.
The amount of money Americans spend on illicit drugs has declined from
an estimated $64 billion five years ago to about $49 billion in 1993--a
23 percent drop. We are finally gaining ground against overall crime:
drug-related murders are down 12 percent since 1989; robberies are down
10 percent since 1991.
At the same time, we have dealt serious blows to the international
criminal networks that import drugs into America. Many powerful drug
lords, including leaders of Colombia's notorious Cali cartel, have been
arrested. A multinational air interdiction program has disrupted the
principal air route for smugglers between Peru and Colombia. The close
cooperation between the United States, Peru, and other governments in
the region has disrupted the cocaine economy in several areas. Our
efforts have decreased overall cocaine production and have made coca
planting less attractive to the farmers who initiate the cocaine
production process. And I have taken the serious step of cutting off
all non-humanitarian aid to certain drug producing and trafficking
nations that have not cooperated with the United States in narcotics
control. Further, I have ordered that we vote against their requests
for loans from the World Bank and other multi-lateral development
banks. This clearly underscores the unwavering commitment of the United
States to stand against drug production and trafficking.
Here at home, we have achieved major successes in arresting,
prosecuting, and dismantling criminal drug networks. In Miami, the High
Intensity Drug Trafficking Program, through its operational task
forces, successfully concluded a major operation that resulted in the
indictments of 252 individuals for drug trafficking and other drug-
related crimes. Operations conducted by the Drug Enforcement
Administration's Mobile Enforcement Teams program (MET), a highly
successful federal tool for assisting local law enforcement, have
resulted in more than 1,500 arrests of violent and predatory drug
criminals in more than 50 communities across the nation.
But as the White House Leadership Conference on Youth, Drug Use, and
Violence showed, now is the time to press forward. We must not let up
for a moment in our efforts against drug abuse, and drug abuse by young
people, particularly.
There are many reasons why young people do continue to use drugs.
Chief among these are ignorance of the facts about addiction and the
potency of drugs, and complacency about the danger of drugs.
Unfortunately, all too often we see signs of complacency about the
dangers of drug use: diminished attention to the drug problem by the
national media; the glamorization and legitimization of drug use in the
entertainment industry; the coddling of professional athletes who are
habitual drug-users; avoidance of the issue by parents and other
adults; calls for drug-legalization; and the marketing of products to
young people that legitimize and elevate the use of alcohol, tobacco,
and illicit drugs.
All Americans must accept responsibility to teach young people that
drugs are illegal and they are deadly. They may land you in jail; they
may cost you your life. We must renew our commitment to the drug
prevention strategies that deter first-time drug use and stop the
progression from alcohol and tobacco use to marijuana and harder drugs.
The National Drug Control Strategy is designed to prevent a new drug
use epidemic through an aggressive and comprehensive full-court press
that harnesses the energies of committed individuals from every sector
of our society. As I said in the State of the Union, we must step up
our attack against criminal youth gangs that deal in illicit drugs. We
will improve the effectiveness of our cooperative efforts among U.S.
defense and law enforcement agencies, as well as with other nations, to
disrupt the flow of drugs coming into the country. We will seek to
expand the availability and improve the quality of drug treatment. And
we will continue to oppose resolutely calls for the legalization of
illicit drugs. We will increase efforts to prevent drug use by all
Americans, particularly young people.
The tragedy of drug abuse and drug-related crime affects us all. The
National Drug Control Strategy requires commitment and resources from
many individuals and organizations, and from all levels of government.
For the strategy to succeed, each of us must do our part.
We ask the Congress to be a bipartisan partner and provide the
resources we need at the federal level to get the job done. I challenge
state and local governments to focus on drug abuse as a top priority.
We ask the media and the advertising and entertainment industries to
work with us to educate our youth, and all Americans, about the dangers
of drug use. Finally, we invite every American--every parent, every
teacher, every law enforcement officer, every faith leader, every young
person, and every community leader--to join our national campaign to
save our youth.
William J. Clinton.
The White House, April 29, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the
Committee on Economic and Educational Opportunities, the Committee on
Government Reform and Oversight, the Committee on International
Relations, the Committee on the Judiciary, the Committee on National
Security, the Committee on Resources, the Committee on Science, the
Committee on Small Business, the Committee on Transportation and
Infrastructure, the Committee on Veterans Affairs, and the Committee on
Ways and Means.
And then,
para.48.9 adjournment
On motion of Mr. FILNER, pursuant to the special order agreed to on
Thursday, April 25, 1996, at 2 o'clock and 21 minutes p.m., the House
adjourned until 12:30 p.m., Tuesday, April 30, 1996.
[[Page 991]]
para.48.10 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. McCOLLUM: Committee on the Judiciary. H.R. 2641. A bill
to amend title 28, United States Code, to provide for
appointment of U.S. marshals by the Director of the U.S.
Marshals Service; with amendments (Rept. No. 104-541).
Referred to the Committee of the Whole House on the State of
the Union.
para.48.11 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. QUINN (for himself, Mr. Solomon, Mr. Stupak, Mr.
Boehlert, Mr. Rangel, Mr. Towns, Mr. Mascara, Mr.
Clinger, Mr. Kildee, Mr. Holden, Mr. Traficant, Mrs.
Kelly, Mrs. Lowey, Mr. Torkildsen, Mr. King, Mr.
Hinchey, Mr. Kennedy of Rhode Island, Mr. Goodling,
Mr. Gilman, Mr. Blute, and Mr. Petri):
H.R. 3348. A bill to direct the President to establish
standards and criteria for the provision of major disaster
and emergency assistance in response to snow-related events;
to the Committee on Transportation and Infrastructure.
By Mr. GILMAN:
H. Res. 416. Resolution establishing a select committee of
the Committee on International Relations to investigate the
United States role in Iranian arms transfer to Croatia and
Bosnia; to the Committee on Rules.
H. Res. 417. Resolution providing amounts for the expenses
of the select subcommittee on the United States role in
Iranian arms transfers to Croatia and Bosnia of the Committee
on International Relations in the 2d session of the 104th
Congress; to the Committee on House Oversight.
para.48.12 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 773: Mr. LaFalce.
H.R. 885: Mr. Quinn, Ms. Molinari, and Mr. Paxon.
H.R. 1073: Mr. Blute, Mr. Fields of Louisiana, and Ms.
Greene of Utah.
H.R. 1074: Mr. Blute, Mr. Fields of Louisiana, and Mr.
Klug.
H.R. 1325: Ms. Lofgren, Mr. Jacobs, Mr. English of
Pennsylvania, and Mr. Lipinski.
H.R. 1484: Mr. Orton, Mr. Romero-Barcelo, and Mr. Olver.
H.R. 1496: Mr. Kildee.
H.R. 1513: Mr. Condit.
H.R. 1884: Mr. Fields of Louisiana.
H.R. 2214: Mr. Green of Texas, Mr. Frost, Mr. DeFazio, Mr.
Condit, and Mr. Matsui.
H.R. 2531: Mr. Goss and Mr. Lewis of Kentucky.
H.R. 2652: Mr. Fattah, Mr. Barcia of Michigan, Mr.
Baldacci, Mr. Yates, Mr. Sanders, Ms. Slaughter, Mr. Neal of
Massachusetts, Mr. Towns, Mr. Studds, Ms. Kaptur, Mr. Fawell,
Mr. LaTourette, Mr. Engel, Mr. Hall of Ohio, Mr. Bonior, Mr.
Fazio of California, Ms. DeLauro, and Mr. Forbes.
H.R. 2665: Ms. Roybal-Allard.
H.R. 2745: Mr. Martini and Mr. Jackson.
H.R. 2827: Mr. Hefner.
H.R. 2922: Mr. Poshard and Ms. Norton.
H.R. 2964: Ms. McKinney, Mr. Bereuter, and Mr. Romero-
Barcelo.
H.R. 3195: Ms. Greene of Utah, Mr. Neumann, Mr. Lewis of
Kentucky, and Mrs. Myrick.
H.R. 3262: Mrs. Kelly and Mr. Coburn.
H.R. 3279: Mr. Gonzalez and Mr. Burton of Indiana.
H.R. 3286: Mr. Ramstad.
H. Con. Res. 165: Mrs. Maloney, Mr. Gutierrez, Mr.
Underwood, Mr. Lipinski, Mr. Engel, Mr. Shays, Mr. Brown of
Ohio, Mr. Torricelli, Mr. Zimmer, Mr. Calvert, and Mr.
Kennedy of Rhode Island.
.
TUESDAY, APRIL 30, 1996 (49)
para.49.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. WELLER, who laid before the House the following
communication:
Washington, DC,
April 30, 1996.
I hereby designate the Honorable Jerry Weller to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.49.2 recess--1:24 p.m.
The SPEAKER pro tempore, Mr. WELLER, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.49.3 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. CLINGER, called the House to order.
para.49.4 approval of the journal
The SPEAKER pro tempore, Mr. CLINGER, announced he had examined and
approved the Journal of the proceedings of Monday, April 29, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.49.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2646. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order; Suspension of Late Payment Charges (FV-96-
702 IFR) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2647. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Spearmint Oil Produced in the Far West; Salable Quantities
and Allotment Percentages for the 1996-97 Marketing Year (FV-
96-985-1 IFR) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2648. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Grading and Inspection, General Specification for Approved
Plants and Standards for Grades of Dairy Products; United
States Standards for Grades of Monterey Jack Cheese (DA-91-
010B) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2649. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's interim rule--Karnal Bunt (Amendment of Quarantined
Areas Interim Rule) (Docket No. 96-016-5) received April 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2650. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rules--(1) Export Certificates (Cyclical
Review) (Docket No. 90-117-3), (2) National Poultry
Improvement Plan and Auxiliary Provisions (Docket No. 94-091-
2), (3) Imported fire ant (Docket No. 95-063-2), (4) Horses
from Bermuda and the British VI; VEE Quarantine Requirements
(Docket No. 95-052-2), and (5) Allow New Vaccine for
Brucellosis (Docket No. 96-015-1) received April 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2651. A letter from the Administrator, Food and Consumer
Service, transmitting the Services's final rule--food Stamp
Program: Failure to Comply with Federal, State, or Local
Welfare Assistance Program Requirements (RIN: 0584-AC08)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
2652. A letter from the Comptroller of the Currency,
Department of the Treasury, transmitting the annual report on
enforcement actions taken by the Office of the Comptroller of
the Currency during the 12-month period ending December 31,
1995, pursuant to 12 U.S.C. 1833; to the Committee on Banking
and Financial Services.
2653. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Supplemental Standards of Ethical Conduct for
Employees of the Department of Housing and Urban Development
(FR-3331) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2654. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Regulatory Reinvention; Tax Exemption of
Obligations of Public Housing Agencies and Related Amendments
(FR-3985) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2655. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Prohibition of Advance Disclosure of Funding;
Accountability in the Provision of HUD Assistance (FR-3954)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Banking and Financial Services.
2656. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Streamlining of the FHA Single Family Housing,
Multifamily, and Multifamily Housing and Health Care Facility
Mortgage Insurance Programs Regulations (FR-3966) received
April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
2657. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Revision of FHA Multifamily Processing and Fees
(FR-3349) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2658. A letter from the Assistant Secretary for Elementary
and Secondary Education, Department of Education,
transmitting notice of Final Criteria for Consortium
Incentive Grants for fiscal year 1996 and subsequent fiscal
years--Title I, Part C--Education of Migratory Children,
pursuant to 20
[[Page 992]]
U.S.C. 1232(d)(1); to the Committee on Economic and
Educational Opportunities.
2659. A letter from the Assistant Secretary for Educational
and Improvement, Department of Education, transmitting notice
of Selection Criteria, Selection Procedures, and Application
Procedures--Challenge Grants for Technology in Education,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Economic and Educational Opportunities.
2660. A letter from the Assistant Secretary for Educational
Research and Improvement, Department of Education,
transmitting notice of final priorities--Jacob K. Javits
Gifted and Talented Students Education Program, pursuant to
20 U.S.C. 1232(d)(1); to the Committee on Economic and
Educational Opportunities.
2661. A letter from the Assistant Secretary for Educational
Research and Improvement, Department of Education,
transmitting notice of final priorities--Fund for the
Improvement of Education Program, pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Economic and Educational
Opportunities.
2662. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final schedule of
arbitration fees and expenses under the Randolph-Sheppard
Act--Vending Facility Program for the Blind on Federal and
Other Property, pursuant to 5 U.S.C. 801(a)(1)(B); to the
Committee on Economic and Educational Opportunities.
2663. A letter from the Director, Office of Communication
and Legislative Affairs, Equal Employment Opportunity
Commission, transmitting the Commission's final rule--
Coverage of Apprenticeship Programs Under the Age
Discrimination in Employment Act [ADEA] received April 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
2664. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rules--(1) Valuation of
plan benefits in single-employer plans; valuation of plan
benefits and plan assets following mass withdrawal;
amendments adopting additional PBGC rates, (2) Notice and
collection of withdrawal liability; adoption of new interest
rates, and (3) Late premium payments and employer liability
underpayments and overpayments; interest rate for determining
variable rate premium; amendments to interest rates--received
April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Economic and Educational Opportunities.
2665. A letter from the Secretary, Consumer Product Safety
Commission, transmitting the Commission's final rule--
Requirements for Labeling of Retail Containers of Charcoal
(16 CFR Part 1500) received April 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2666. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rules--(1) Future Development of Paging Systems (WT
Docket No. 96-18) and (2) Implementation of Section 309(j) of
the Communication Act--Competitive Bidding (PP Docket No. 93-
253) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2667. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--Trade
Regulation Rule: Labeling and Advertising of Home Insulation
(16 CFR Part 460) (1996) received April 30, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2668. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Pricing for Sales of Defense Articles (DFARS Case 96-D309)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on International Relations.
2669. A letter from the Executive Director, District of
Columbia Retirement Board, transmitting the board's annual
report for fiscal year 1995, pursuant to D.C. Code, section
1-174, 1981 edition; to the Committee on Government Reform
and Oversight.
2670. A letter from the Agency for International
Development, transmitting a report of activities under the
Freedom of Information Act for the Calendar year 1995,
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2671. A letter from the Executive Director, Committee For
Purchase From People Who Are Blind Or Severely Disabled,
transmitting the Committee's final rule--Procurement List
Additions--received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
2672. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rules--(1)
Modifications of Existing Contracts (Far Case 94-723), (2)
Application of Cost Accounting Standards Board Regulations to
Educational Institutions (Far Case 95-002), (3) Assignment of
Claims--Presidential Delegation (Far Case 94-767), and (4)
Interest Clause Revisions (Far Case 92-045) received April
30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
2673. A letter from the NARA Regulatory Policy Official,
National Archives, transmitting the Archive's final rule--
Preservation and Protection of and Access to the Presidential
Historical Materials of the Nixon Administration; Amendment
of Public Regulations (RIN: 3095-AA59) received April 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
2674. A letter from the Chairman, National Labor Relations
Board, transmitting a report of activities under the Freedom
of Information Act for the calendar year 1995, pursuant to 5
U.S.C. 552; to the Committee on Government Reform and
Oversight.
2675. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Use of
Private Sector Temporaries (RIN: 3206-AE80) received April
30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
2676. A letter from the Director, Administrative Office of
the U.S. Courts, transmitting the annual report on
applications for court orders made to Federal and State
courts to permit the interception of wire, oral, or
electronic communications during calendar year 1995, pursuant
to 18 U.S.C. 2519(3); to the Committee on the Judiciary.
2677. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--
Premeger Notification; Reporting and Waiting Period
Requirements (16 CFR Parts 801 and 802) (1996) received April
30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on the Judiciary.
2678. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Amdt. No. 1724) (RIN: 2120-AA65) (1996-0008)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
2679. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Amdt. No. 1725) (RIN: 2120-AA65) (1996-0007)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
2680. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Temporary Establishment of Class D Airspace; Anchorage
International Airport, Alaska [AK] (RIN: 2120-AA66) (1996-
0010) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2681. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A300 Series Airplanes
(Excluding Model A300 and Model A30-0 F4-600 Series
Airplanes) (RIN: 2120-AA64) (1996-0012) received April 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2682. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Diamond Aircraft Industries Model
DA 20-A1 Airplanes; Docket No. 96-CE-21-AD (RIN: 2120-AA64)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
2683. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Brackedtt Aircraft Company; Air
Filter Gaskets, superseding Docket No. 95-CE-61-AD (RIN:
2120-AA64) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2684. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Incentive Grant Criteria for Alcohol Traffic Safety Programs
(RIN: 2127-AG22) received April 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2685. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Changes in Accounting Periods and in Methods of Accounting
(Revenue Procedures 96-31) received April 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
2686. A letter from the Chief Regulations Unit, Office of
Assistant Chief Counsel (Domestic), Internal Revenue Service.
transmitting the Service's final rule--Withholding and
Reporting of Certain Income Paid to Foreign Persons
(Announcement 96-23) received April 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
2687. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Safe
Harbor for Organizations that Provide Low-Income Housing To
Be Considered Charitable as described in section 501(c)(3) of
the Internal Revenue Code (Revenue Procedure 96-32) received
April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
2688. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Relief from Filing Form 3115 for a Change in Methods of
Accounting Required by Statement of Financial Accounting
Standards No. 116 (Notice 96-30) received April 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
2689. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Issue Price in the Case of Certain Debt
Instruments Issued for Property (Revenue Rul
[[Page 993]]
ing 96-24) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
2690. A letter from the Chief, Regulations Branch, U.S.
Customs Service, transmitting the Service's final rule--
Suspension of United States-Canada Free-Trade Agreement
Implementing Regulations (RIN: 1515-AB93) received April 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
para.49.6 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a joint resolution of the following
title, in which the concurrence of the House is requested:
S.J. Res. 53. Joint resolution making corrections to Public
Law 104-134.
para.49.7 public law correction
On motion of Mr. LIVINGSTON, by unanimous consent, the following joint
resolution of the Senate (S.J. Res. 53) making corrections to Public Law
104-134; was taken from the Speaker's table, considered and passed:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That:
(a) In Public Law 104-134, insert after the enacting
clause:
``TITLE I--OMNIBUS APPROPRIATIONS''.
(b) The two penultimate undesignated paragraphs under the
subheading ``Administrative Provisions, Forest Service''
under the heading ``TITLE II--RELATED AGENCIES, DEPARTMENT OF
AGRICULTURE'' of the Department of the Interior and Related
Agencies Appropriations Act, 1996, as contained in section
101(c) of Public Law 104-134, are repealed.
(c) Section 520 under the heading ``TITLE V--GENERAL
PROVISIONS'' of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1996, as contained in section 101(e) of
Public Law 104-134, is repealed.
(d) Strike out section 337 under the heading ``TITLE III--
GENERAL PROVISIONS'' of the Department of the Interior and
Related Agencies Appropriations Act, 1996, as contained in
section 101(c) of Public Law 104-134, and insert in lieu
thereof:
``Sec. 337. The Secretary of the Interior shall promptly
convey to the Daughters of the American Colonists, without
reimbursement, all right, title and interest in the plaque
that in 1933 was placed on the Great Southern Hotel in Saint
Louis, Missouri by the Daughters of the American Colonists to
mark the site of Fort San Carlos.''.
(e) Section 21104 of Public Law 104-134 is repealed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.49.8 central utah project completion
Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 1823) to
amend the Central Utah Project Completion Act to direct the Secretary of
the Interior to allow for prepayment of repayment contracts between the
United States and the Central Utah Water Conservancy District dated
December 28, 1965, and November 26, 1985, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. CLINGER, recognized Mr. HANSEN and Mr.
RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CLINGER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. HANSEN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. CLINGER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.49.9 national forest ski area
Mr. ALLARD moved to suspend the rules and pass the bill (H.R. 1527) to
amend the National Forest Ski Area Permit Act of 1986 to clarify the
authorities and duties of the Secretary of Agriculture in issuing ski
area permits on National Forest System lands and to withdraw lands
within ski area permit boundaries from the operation of the mining and
mineral leasing; as amended.
The SPEAKER pro tempore, Mr. CLINGER, recognized Mr. ALLARD and Mr.
RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, MR. CLINGER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
further clarify the authorities and duties of the Secretary of
Agriculture in issuing ski area permits on National Forest System lands
and to withdraw lands within ski area permit boundaries from the
operation of the mining and mineral leasing laws.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.49.10 helium privatization
Mr. ALLARD moved to suspend the rules and pass the bill (H.R. 3008) to
amend the Helium Act to authorize the Secretary to enter into agreements
with private parties for the recovery and disposal of helium on Federal
lands, and for other purposes.
The SPEAKER pro tempore, Mr. CLINGER, recognized Mr. ALLARD and Mr.
ABERCROMBIE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CLINGER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. THORNBERRY demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. CLINGER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.49.11 recess--3:36 p.m.
The SPEAKER pro tempore, Mr. CLINGER, pursuant to clause 12 of rule I,
declared the House in recess until 5:00 p.m.
para.49.12 after recess--5:04 p.m.
The SPEAKER pro tempore, Mr. GOODLATTE, called the House to order.
para.49.13 unfinished business--veto of h.r. 1561
The SPEAKER pro tempore, Mr. GOODLATTE, announced the unfinished
business to be the consideration of the veto of the bill (H.R. 1561) to
consolidate the foreign affairs agencies of the United States; to
authorize appropriations for the Department of State and related
agencies for fiscal years 1996 and 1997; to responsibly reduce the
authorizations of appropriations for United States foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes.
The question being on the passage of the bill, the objections of the
President to the contrary notwithstanding.
After debate,
By unanimous consent, the previous question was ordered on the bill.
The question being put,
Will the House, upon reconsideration, agree to pass the bill, the
objections of the President to the contrary notwithstanding?
It was decided in the
Yeas
234
<3-line {>
negative
Nays
188
para.49.14 [Roll No. 136]
YEAS--234
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
[[Page 994]]
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kim
King
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--188
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Bryant (TX)
Clay
Ford
Hayes
Jefferson
Johnson (SD)
Kaptur
Kingston
Lincoln
Molinari
Rush
The SPEAKER pro tempore, Mr. GOODLATTE, announced that 234 Members had
voted in the affirmative and 188 Members had voted in the negative.
So, two-thirds of the Members present not having voted in favor
thereof, the bill was not passed, the objections of the President to the
contrary notwithstanding.
Ordered, That the Clerk notify the Senate thereof.
The message and the accompanying bill were referred to the Committee
on International Relations.
para.49.15 order of business--suspension vote order
On motion of Mr. HOYER, by unanimous consent,
Ordered, That the vote on the motion to suspend the rules and pass
H.R. 3008 precede the vote on the motion to suspend the rules and pass
H.R. 1823.
para.49.16 h.r. 3008--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3008) to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for the recovery
and disposal of helium on Federal lands, and for other purposes.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
411
<3-line {>
affirmative
Nays
10
para.49.17 [Roll No. 137]
YEAS--411
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson, E.B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
[[Page 995]]
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--10
Abercrombie
Becerra
Collins (IL)
Combest
Dingell
Gibbons
Rahall
Thornberry
Waters
Yates
NOT VOTING--12
Bryant (TX)
Clay
Clinger
Ford
Hayes
Jefferson
Johnson (SD)
Kaptur
Kingston
Lincoln
Molinari
Rush
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.49.18 h.r. 1823--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 1823) to amend the Central Utah
Project Completion Act to direct the Secretary of the Interior to allow
for prepayment of repayment contracts between the United States and the
Central Utah Water Conservancy District dated December 28, 1965, and
November 26, 1985, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
412
<3-line {>
affirmative
Nays
0
para.49.19 [Roll No. 138]
YEAS--412
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson, E.B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Boehlert
Bryant (TX)
Clay
Clinger
Durbin
Fazio
Ford
Hayes
Hostettler
Hoyer
Jefferson
Johnson (SD)
Kaptur
Kingston
Lincoln
Molinari
Rush
Serrano
Sisisky
Watt (NC)
Weldon (PA)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.49.20 permission to file conference report
On motion of Mr. COBURN, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report (Rept. No. 104-545) on the bill of the Senate (S.
641) to reauthorize the Ryan White CARE Act of 1990, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
para.49.21 providing for the consideration of h.r. 2641
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-543) the resolution (H. Res. 418) providing for the consideration of
the bill (H.R. 2641) to amend title 28, United States Code, to provide
for appointment of United States Marshals Service.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.49.22 providing for the consideration of h.r. 2149
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-544) the resolution (H. Res. 419) providing for consideration of the
bill (H.R. 2149) to reduce regulation, promote efficiencies, and
encourage competition in the international ocean transportation system
of the United States, to eliminate the Federal Maritime Commission, and
for other purposes.
[[Page 996]]
When said resolution and report were referred to the House Calendar
and ordered printed.
para.49.23 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following days present to the President, for his
approval, bills of the House of the following titles:
On April 25, 1996:
H.R. 3019. An Act making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget,
and for other purposes.
H.R. 3055. An Act to amend section 326 of the Higher
Education Act of 1965 to permit continued participation by
Historically Black Graduate Professional Schools in the grant
program authorized by that section.
On April 30, 1996:
H.R. 956. An Act to establish legal standards and
procedures for product liability litigation, and for other
purposes.
para.49.24 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. MOLINARI, for today and balance of the week; and
To Mr. KINGSTON, for today.
And then,
para.49.25 adjournment
On motion of Mr. OWENS, at 10 o'clock and 35 minutes p.m., the House
adjourned.
para.49.26 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3286. A
bill to help families defray adoption costs, and to promote
the adoption of minority children; with an amendment (Rept.
No. 104-542, Pt. 1). Ordered to be printed.
Ms. PRYCE: Committee on Rules. House Resolution 418.
Resolution providing for consideration of the bill (H.R.
2641) to amend title 28, United States Code, to provide for
appointment of U.S. marshals by the Director of the U.S.
Marshals Service (Rept. No. 104-543). Referred to the House
Calendar.
Mr. QUILLEN: Committee on Rules. House Resolution 419.
Resolution providing for consideration of the bill (H.R.
2149) to reduce regulation, promote efficiencies, and
encourage competition in the international ocean
transportation system of the United States, to eliminate the
Federal Maritime Commission, and for other purposes (Rept.
No. 104-544). Referred to the House Calendar.
Mr. BLILEY: Committee of Conference. Conference report on
S. 641. An Act to reauthorize the Ryan White CARE Act of
1990, and for other purposes (Rept. No. 104-545). Ordered to
be printed.
discharge of committees
Pursuant to clause 5 of rule X the following action was taken by the
Speaker: The Committee on Economic and Educational Opportunities
discharged from further consideration; H.R. 3286 referred to the
Committee of the Whole House on the State of the Union.
para.49.27 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FATTAH (for himself, Mr. Romero-Barcelo, Mr.
Filner, Mr. Hastings of Florida, Ms. Jackson-Lee, Ms.
Eddie Bernice Johnson of Texas, Ms. McKinney, Ms.
Norton, Mr. Thompson, and Mr. Towns):
H.R. 3349. A bill to amend the Housing and Community
Development Act of 1974 and the Federal Home Loan Bank Act to
authorize Federal Home Loan Banks to make advances for
community development activities to units of general local
government and for such advances to be guaranteed by
community development block grants amounts to which such
units of local government become eligible, to expand the
community participation requirements relating to community
development loan guarantees to include participation of major
community stakeholders, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. BARRETT of Nebraska (for himself, Mr. Roberts,
Mr. Bereuter, and Mr. Christensen):
H.R. 3350. A bill to extend contracts between the Bureau of
Reclamation and irrigation districts in Kansas and Nebraska,
and for other purposes; to the Committee on Resources.
By Mr. FOGLIETTA (for himself, Mr. Bonior, Mr. Waxman,
Ms. McKinney, Mr. Rahall, Mr. Kleczka, Mr. Watt of
North Carolina, Mr. Minge, Mr. Moran, Mr. Lantos, Mr.
Kennedy of Massachusetts, Mr. Coleman, Ms. Norton,
Mr. Barrett of Wisconsin, Mr. Evans, Ms. Rivers, Mr.
Filner, Mr. Deutsch, Mr. Serrano, Mr. Lipinski, and
Mr. Hinchey):
H.R. 3351. A bill to establish a Corporate Independence
Commission, for other purposes; to the Committee on Ways and
Means, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concern.
By Mr. HASTINGS of Florida:
H.R. 3352. A bill to award a congressional gold medal to
representatives of Varian Fry in recognition of the
tremendous effort he made at great personal risk to secure
the escape of thousands of trapped Jewish artists, writers,
and intellectuals from the Nazis in Europe and the greatly
detrimental treatment he received at the hands of the U.S.
Government as a result; to the Committee on Banking and
Financial Services.
H.R. 3353. A bill to establish a commission to study
employment and economic insecurity in the workforce in the
United States; to the Committee on Economic and Educational
Opportunities.
By Mr. HAYWORTH:
H.R. 3354. A bill to provide for the reorganization of the
Bureau of Indian Affairs, and for other purposes; to the
Committee on Resources.
By Mr. HINCHEY:
H.R. 3355. A bill to require Medicare providers to disclose
publicly staffing and performance in order to promote
improved consumer information and choice, to protect
employees of Medicare providers who report concerns about the
safety and quality of services provided by Medicare providers
or who report violations of Federal or State law by those
providers, and to require review of the impact on public
health and safety of proposed mergers and acquisitions of
Medicare providers; to the Committee on Ways and Means, and
in addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. JOHNSON of South Dakota (for himself and Mr.
Lightfoot:
H.R. 3356. A bill to specify that States may waive certain
requirements relating to commercial motor vehicle operators
under chapter 313 of title 49, United States Code, with
respect to the operators of certain farm vehicles, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mrs. LOWEY:
H.R. 3357. A bill to amend title II of the Social Security
Act to provide for an increase of up to 5 in the number of
years disregarded in determining average annual earnings on
which benefit amounts are based upon a showing of preclusion
from renumerative work during such years occasioned by need
to provide child care or care to a chronically dependent
relative; to the Committee on Ways and Means.
H.R. 3358. A bill to amend title II of the Social Security
Act to repeal the 7-year restriction on eligibility for
widow's and widower's insurance benefits based on disability;
to the Committee on Ways and Means.
H.R. 3359. A bill to amend title II of the Social Security
Act to provide for increases in widow's and widower's
insurance benefits by reason of delayed retirement; to the
Committee on Ways and Means.
H.R. 3360. A bill to amend title II of the Social Security
Act to eliminate the 2-year waiting period for divorced
spouse's benefits following the divorce; to the Committee on
Ways and Means.
H.R. 3361. A bill to amend title II of the Social Security
Act to provide for full benefits for disabled widows and
widowers without regard to age; to the committee on Ways and
Means.
By Mrs. MALONEY:
H.R. 3362. A bill to increase access of State child support
enforcement agencies to certain financial information of
noncustodial parents, and to encourage States to improve
their enforcement of child support obligations; to the
Committee on Ways and Means, and in addition to the Committee
on Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McDADE:
H.R. 3363. A bill to establish within the Department of the
Navy a mission to enhance and increase knowledge of the
oceans; to the Committee on National Security.
H.R. 3364. A bill to designate a U.S. Courthouse in
Scranton, PA, as the ``William J. Nealon United States
Courthouse''; to the Committee on Transportation and
Infrastructure.
By Mr. McINNIS:
H.R. 3365. A bill to redesignate the Black Canyon of the
Gunnison National Monument as a national park, to establish
the Gunnison Gorge National Conservation Area, to establish
the Curecanti National Recreation Area, to establish the
Black Canyon of the Gunnison National Park Complex, and for
other purposes; to the Committee on Resources.
H.R. 3366. A bill to direct the Secretary of Interior to
convey the Collbran reclamation project to the Ute Water
Conservancy District and the Collbaran Conservancy District;
to the Committee on Resources, and in addition to the
Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
[[Page 997]]
By Mr. SCHUMER:
H.R. 3367. A bill to amend the National Highway System
Designation Act of 1995 to increase the number of States that
may participate in the State infrastructure bank pilot
program authorized by that act; to the Committee on
Transportation and Infrastructure.
By Mr. STEARNS:
H.R. 3368. A bill to permit retired members of the Armed
Forces and their dependents who are entitled to Medicare to
enroll in the Federal Employees Health Benefits Program; to
the Committee on National Security, and in addition to the
Committee on Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. WATERS:
H.R. 3369. A bill to provide notice to employees when there
are reductions in business operations and for other purposes;
to the Committee on Economic and Educational Opportunities.
By Mr. McDADE:
H.J. Res. 177. Joint resolution proposing an amendment to
the Constitution of the United States authorizing the
Congress and the States to prohibit the physical desecration
of the flag of the United States; to the Committee on the
Judiciary.
By Mr. LEWIS of Kentucky (for himself and Mr.
Montgomery):
H. Con. Res. 168. Concurrent resolution calling upon the
members of the Army Reserve to wear army uniforms on April 23
each year and calling upon the American people to remember
the members of the Army Reserve and those who support them;
to the Committee on National Security.
para.49.28 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. CALLAHAN:
H.R. 3370. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Top Gun; to the Committee on Transportation
and Infrastructure.
By Mr. GRAHAM:
H.R. 3371. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
vessel White Wing; to the Committee on Transportation and
Infrastructure.
para.49.29 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Quinn.
H.R. 248: Mr. Thornberry.
H.R. 528: Ms. DeLauro.
H.R. 580: Mr. Boehlert.
H.R. 620: Mr. Becerra.
H.R. 739: Mrs. Myrick.
H.R. 789: Mr. Spratt.
H.R. 873: Mrs. Cubin and Mr. Kennedy of Massachusetts.
H.R. 969: Mr. Manzullo.
H.R. 973: Mr. LaTourette.
H.R. 1005: Mr. Martini.
H.R. 1023: Ms. Slaughter, Mr. Chambliss, and Mr. Jackson.
H.R. 1161: Mr. Funderburk.
H.R. 1210: Mr. Barcia of Michigan.
H.R. 1227: Mr. Archer.
H.R. 1507: Mr. Olver.
H.R. 1618: Ms. Greene of Utah.
H.R. 1713: Mr. Watts of Oklahoma and Mr. Montgomery.
H.R. 1758: Mr. Rangel and Mr. Filner.
H.R. 1776: Mr. Walker, Mr. Neal of Massachusetts, Mr.
Manton, Mr. Romero-Barcelo, Mr. Stark, Mr. Solomon, Ms.
Eshoo, and Mr. Whitfield.
H.R. 2026: Mr. Green of Texas, Miss Collins of Michigan,
Mrs. Thurman, Mr. Peterson of Minnesota, Mrs. Collins of
Illinois, Mr. Wise, Mr. Towns, Ms. Slaughter, Mr. Sanders,
Mr. Stenholm, and Ms. DeLauro.
H.R. 2178: Mrs. Maloney.
H.R. 2244: Mr. Camp and Mr. Hutchinson.
H.R. 2246: Mr. Flake.
H.R. 2270: Mr. Kim.
H.R. 2285: Mr. Stump, Mr. Funderburk, Mr. Pete Geren of
Texas, Mr. Rohrabacher, Mr. Romero-Barcelo, and Mr. Hayes.
H.R. 2320: Mr. Torricelli, Mr. Porter, Mr. Schaefer, Ms.
Greene of Utah, Mr. Crane, Mr. Tate, and Mr. Latham.
H.R. 2472: Mr. Hilliard, Mr. Dixon, Mr. McDermott, Mr.
Sabo, Ms. Pryce, Mr. Orton, Ms. McKinney, and Mr. Dicks.
H.R. 2497: Mr. Weldon of Florida, Mr. Norwood, Mr. Barr,
and Mr. Boehner.
H.R. 2579: Mr. McHugh, Mr. Funderburk, Ms. Eddie Bernice
Johnson of Texas, and Mr. Norwood.
H.R. 2682: Mr. Manton.
H.R. 2723: Mr. Shadegg.
H.R. 2779: Mr. Crapo, Mr. Hastert, and Mr. Montgomery.
H.R. 2875: Mr. English of Pennsylvania.
H.R. 2892: Mr. Porter and Mr. Dellums.
H.R. 2893: Mr. Cramer.
H.R. 2932: Mrs. Clayton, Mr. Taylor of North Carolina, and
Mr. Thornberry.
H.R. 2951: Mr. Bryant of Texas.
H.R. 2994: Mr. Jacobs and Mr. Cardin.
H.R. 3008: Mrs. Cubin, Mr. Weller, Mr. Horn, and Mr.
Kennedy of Massachusetts.
H.R. 3081: Mr. Scott, Mr. Pastor, Ms. Roybal-Allard, Mr.
Serrano, Ms. Velazquez, Mr. Tejeda, Mr. de la Garza, Mr.
Ortiz, Mr. Romero-Barcelo, Mr. Filner, and Mr. Durbin.
H.R. 3089: Mr. Hinchey, Mrs. Clayton, Ms. Norton, and Mr.
Campbell.
H.R. 3118: Mr. Linder, Mr. Weller, Mr. McCrery, Mr. Gilman,
Mr. Flake, and Mr. Doyle.
H.R. 3119: Mr. Flake.
H.R. 3142: Mr. Flanagan, Mrs. Thurman, Mr. Schiff, Mr.
Wamp, Mr. Kolbe, Mr. Tate, Mr. Condit, Mr. LaFalce, Ms. Eddie
Bernice Johnson of Texas, Mr. Blute, Mr. Cunningham, Mr.
Filner, Mr. Goodlatte, Mr. Underwood, Mr. Durbin, Mr.
Hayworth, and Mr. Boehlert.
H.R. 3144: Mr. Baker of Louisiana, Mr. Ballenger, Mr. Barr,
Mr. Barrett of Nebraska, Mr. Bartlett of Maryland, Mr. Barton
of Texas, Mr. Bateman, Mr. Bilbray, Mr. Bilirakis, Mr.
Bliley, Mr. Bonilla, Mr. Bono, Mr. Bryant of Tennessee, Mr.
Bunning of Kentucky, Mr. Burton of Indiana, Mr. Calvert, Mr.
Callahan, Mr. Canady, Mr. Chambliss, Mrs. Chenoweth, Mr.
Chrysler, Mr. Clinger, Mr. Coburn, Mr. Collins of Georgia,
Mr. Cox, Mr. Crapo, Mr. Cremeans, Mr. Cunningham, Mr. DeLay,
Mr. Dickey, Mr. Dornan, Ms. Dunn of Washington, Mr. Emerson,
Mr. Ehrlich, Mr. Everett, Mr. Foley, Mr. Forbes, Mrs. Fowler,
Mr. Funderburk, Mr. Gekas, Mr. Gillmor, Mr. Graham, Ms.
Greene of Utah, Mr. Hansen, Mr. Hastings of Washington, Mr.
Hayworth, Mr. Hefley, Mr. Hobson, Mr. Horn, Mr. Hostettler,
Mrs. Johnson of Connecticut, Mr. Jones, Mr. Kim, Mr.
Kingston, Mr. Knollenberg, Mr. Kolbe, Mr. LaHood, Mr.
Largent, Mr. Laughlin, Mr. Lewis of California, Mr. Lewis of
Kentucky, Mr. Linder, Mr. Longley, Mr. Lucas, Mr. McCollum,
Mr. McHugh, Mr. McInnis, Mr. McIntosh, Mr. McKeon, Mr.
Manzullo, Mr. Metcalf, Mr. Mica, Mr. Miller of Florida, Mr.
Moorhead, Mr. Myers of Indiana, Mr. Nethercutt, Mr. Neumann,
Mr. Norwood, Mr. Packard, Mr. Roth, Mr. Saxton, Mr.
Scarborough, Mr. Shaw, Mr. Skeen, Mr. Solomon, Mr. Souder,
Mr. Stockman, Mr. Stump, Mr. Talent, Mr. Thornberry, Mr.
Tiahrt, Mrs. Vucanovich, Mr. Wamp, Mr. Watts of Oklahoma, Mr.
Weldon of Pennsylvania, Mr. Weldon of Florida, Mr. Whitfield,
Mr. Wicker, Mr. Young of Alaska, and Mr. Zeliff.
H.R. 3172: Ms. Roybal-Allard, Mr. Saxton, and Mr. Walsh.
H.R. 3173: Mr. Ackerman.
H.R. 3199: Mr. Moorhead, Mr. Myers of Indiana, Mr.
Rohrabacher, Mr. Largent, Mr. Whitfield, Mr. Coble, Mr. Pete
Geren of Texas, Mr. Fazio of California, Mr. Peterson of
Minnesota, Mr. Jones, Mr. Taylor of North Carolina, Mr.
Ballenger, Mr. Hefner, Mr. Kolbe, Mr. Thornberry, Mr. Bliley,
Mr. Crapo, Mr. Boehner, Mrs. Kelly, Mr. Franks of
Connecticut, Mr. Manton, Mr. Bartlett of Maryland, Mr.
Torkildsen, Mr. Stump, Mr. Gilman, Mr. White, Mr. Zimmer, Mr.
Hayes, Mr. Boucher, Mr. DeLay, Mr. Solomon, Mrs. Vucanovich,
Mr. Graham, Mr. Gallegly, Mr. Weldon of Pennsylvania, Mr.
Walker, Mr. Gekas, Mr. Goodling, Mr. Deal of Georgia,Mr.
Kingston, Mr. Wicker, Mr. Gutknecht, Mr. Inglis of South
Carolina, Mr. Frelinghuysen, Mr. Chrysler, Mr. Souder, Mr.
Christensen, Mrs. Myrick, Mrs. Seastrand, Mr. Hastings of
Washington, Mr. Radanovich, Mr. Oberstar, Mr. Stenholm, Mr.
LaTourette, Mr. Hoekstra, Mr. Hostettler, Mr. Miller of
Florida, and Mr. Foley.
H.R. 3201: Mr. Moorhead, Mr. Rohrabacher, Mr. Largent, Mr.
Whitfield, Mr. Coble, Mr. Peterson of Minnesota, Mr. Jones,
Mr. Taylor of North Carolina, Mr. Ballenger, Mr. Kolbe, Mr.
Thornberry, Mr. Bliley, Mr. Crapo, Mr. Boehner, Mrs. Kelly,
Mr. Franks of Connecticut, Mr. Bartlett of Maryland, Mr.
Torkildsen, Mr. Gillmor, Mr. White, Mr. Zimmer, Mr. DeLay,
Mr. Solomon, Mrs. Vucanovich, Mr. Gallegly, Mr. Weldon of
Pennsylvania, Mr. Walker, Mr. Gekas, Mr. Goodling, Mr. Deal
of Georgia, Mr. Wicker, Mr. Gutknecht, Mr. Inglis of South
Carolina, Mr. Chrysler, Mr. Cunningham, Mr. Miller of
Florida, Mr. Souder, Mr. Stump, Mrs. Myrick, Mr. Hastings of
Washington, Mr. Obserstar, Mr. Stenholm, and Mr. Foley.
H.R. 3207: Mr. Petri, Mr. Bryant of Texas, Mrs. Lincoln,
Mr. Norwood, Mr. Klug, Mr. Oxley, Mr. Greenwood, Mr. McNulty,
Mr. Stupak, and Mr. Roberts.
H.R. 3217: Mr. Sawyer and Mr. Brown of Ohio.
H.R. 3224: Mr. Horn and Mr. Quinn.
H.R. 3226: Ms. Eshoo.
H.R. 3234: Mr. DeLay, Mr. Combest, Mr. Coble, Mr. Hefley,
Mr. Bereuter, Mr. Fawell, Mr. Zeliff, Mr. Knollenberg, Mr.
Crane, Mr. Cunningham, Mr. Sam Johnson, Mr. Bono, Mr. Latham,
Mr. Herger, Mr. Collins of Georgia, Mr. Gunderson, and Mr.
Hayworth.
H.R. 3246: Mr. Kanjorski, Mr. Moran, and Mr. Bryant of
Texas.
H.R. 3247: Mr. Dixon, Ms. Woolsey, Mr. Montgomery, Mr.
Levin, Mr. Costello, Mrs. Meek of Florida, Mr. Jacobs, Mr.
Ward, Mrs. Clayton, Mr. Fazio of California, Ms. Eshoo, Mr.
Frost, Mr. Frazer, Mr. Doyle, Ms. Jackson-Lee of Texas, Mr.
Farr, Mr. Faleomavaega, and Ms. Lofgren.
H.R. 3251: Mr. Johnson of South Dakota, and Mr. Brewster.
H.R. 3253: Mr. Solomon, Mr. Matsui, Mr. Traficant, Mr.
Romero-Barcelo, Mr. Hunter, Mr. Tanner, Mr. Hancock, Mr.
Horn, Mr. Frank of Massachusetts, Mr. Jacobs, Mr. Gonzalez,
Mr. Frazer, Mr. Frost, Mr. Johnson of South Dakota, Mr.
Brewster, Mr. Crane, Mr. Manton, Mr. Pastor, Mr. Kennedy of
Rhode Island, Mr. Stokes, Mr. Moakley, Mr. Archer, Mr.
Hefner, and Mr. Condit.
[[Page 998]]
H.R. 3275: Mr. Blute, Mr. McHale, Mr. Cremeans, Mr. Wolf,
Mr. Ramstad, Mr. Hobson, Mr. Solomon, and Mr. Fawell.
H.R. 3286: Mr. Inglis of South Carolina.
H.R. 3294: Mr. Abercrombie, Mr. Miller of California, Mr.
Ackerman, Ms. Eshoo, Mr. Brown of California, and Mr. Manton.
H.R. 3300: Mr. Hostettler, Mr. Largent, Mr. Talent, Mr.
Duncan, and Mr. Hefley.
H. Con. Res. 10: Ms. Rivers, Mr. Manton, and Mr. Spratt.
H. Con. Res. 47: Mr. Salmon, Mr. Ganske, Mr. Ehlers, and
Mr. Filner.
H. Con. Res. 50: Mr. Funderburk.
H. Con. Res. 83: Mr. Jefferson.
H. Con. Res. 139: Mr. Kingston.
H. Con. Res. 151: Mr. Becerra, Mr. Romero-Barcelo, Mr.
Green of Texas, Mr. Ford, Mr. Berman, Mr. Rangel, Mrs. Mink
of Hawaii, and Mr. Diaz-Balart.
H. Con. Res. 154: Mr. Stark, Mr. Payne of Virginia, Mr.
Ackerman, Mr. Pomeroy, Mr. Clyburn, Mr. Martinez, Mr.
Hinchey, and Mr. Wynn.
H. Con. Res. 156: Ms. Woolsey.
H. Con. Res. 160: Mr. Hall of Ohio, Mr. Clinger, Mr.
Funderburk, Mr. Torricelli, Mrs. Meek of Florida, Mrs. Lowey,
Mr. Abercrombie, Mr. Rohrabacher, Mr. McDade, Mr. Matsui, Mr.
Beilenson, Mrs. Morella, Mr. Horn, Mr. Leach, Mr. Ward, Mr.
Manzullo, Mr. Wolf, Mr. Kim, Mr. Ehrlich, Mrs. Kelly, Mrs.
Schroeder, Ms. Eddie Bernice Johnson of Texas, Mr.
Richardson, Mr. Towns, Mr. McDermott, Mr. Reed, Mr. Walsh,
Mr. Solomon, Mr. LaFalce, Ms. Velazquez, Ms. Norton, Mr.
Frelinghuysen, Mr. Gunderson, Mr. Oxley, Mr. Hobson, and Mr.
McNulty.
para.49.30 petitions, etc.
Under clause 1 of rule XXII,
71. The SPEAKER presented a petition of Chief Ambassador
and Consul General, Republic of Texas, relative to a copy of
``Diplomatic Notice of Perfection of International Relations
Between the United States of America and the `Republic of
Texas' ''; which was referred to the Committee on the
Judiciary.
para.49.31 deletions of sponsors from public bills and resolutions
Under clause 4 of rules XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1972: Mr. Metcalf.
H.R. 2951: Mr. Brown of California.
.
WEDNESDAY, MAY 1, 1996 (50)
The House was called to order by the SPEAKER.
para.50.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, April 30, 1996.
Mr. CHABOT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. CHABOT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.50.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2691. A letter from the Acting Executive Director,
Commodity Futures Trading Commission, transmitting the
Commission's final rule--Early Warning Reporting
Requirements, Minimum Financial Requirements, Prepayment of
Subordinated Debt, Gross Collection of Exchange--Set Margin
for Omnibus Accounts and Capital Charge on Receivables from
Foreign Brokers (RIN: 3038-AB011 and 3038-AB12) received May
1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
2692. A letter from the Acting Executive Director,
Commodity Futures Trading Commission, transmitting the
Commission's final rule--Ethics Training for Registrants
(RIN: 3038-AB09) received May 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2693. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Small Disadvantaged Business Concerns (DFARS Case 95-D039)
received April 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on National Security.
2694. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 12th monthly report as required by
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
2695. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of S.
735, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
2696. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for the Special Studies Program received May 1, 1996,
pursuant to 5 U.S.C. 801(a)91)(B); to the Committee on
Economic and Educational Opportunities.
2697. A letter from the Director, Regulations Policy
Management Staff, Office of Policy Food and Drug
Administration, Department of Health and Human Services,
transmitting the Department's final rule--Cholorflourocarbon
Propellants in Self-Pressurized Containers; Addition to List
of Essential Uses (Docket No. 92P-0403) received April 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2698. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Seat Belt Assembly
Anchorages (RIN: 2127-AF68) received April 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2699. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Replacement Light Source Information; Federal Motor Vehicle
Safety Standards Lamps, Reflective Devices, and Associated
Equipment (RIN: 2127-AF65) received April 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2700. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Tebuthiuro; Pesticide
Tolerances (FRL-4995-8) received May 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2701. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Tolerance for
Iprodine (FRL-5360-3) received May 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2702. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Lactofin; Pesticide
Tolerance (FRL-5362-9) received May 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2703. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Tolerance Processing
Fees (FRL-5365-2) received May 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2704. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Tefluthrin; Renewal of
Time-Limited Tolerances (FRL-5358-5) received May 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2705. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Xanthan Gum-Modified,
Produced by the Reaction of Xanthan gum and Glyoxal;
Tolerance Exemption (FRL-5359-5) received May 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2706. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Interim
Approval of Operating Permits Program; State of Rhode Island
(FRL-5465-9) received May 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2707. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; Ohio (FRL-5458-8) received
May 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2708. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Oil and
Hazardous Substance Pollution Contingency Plan; National
Priorities List (FRL-5465-5) received May 1, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2709. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Imidacloprid; Pesticide
Tolerance (FRL-5364-5) received May 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2710. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Cyromazine; Pesticide
Tolerance (FRL-5365-6) received May 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2711. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to Italy
(Transmittal No. DTC-21-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
2712. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a
[[Page 999]]
proposed license for the export of defense articles or
defense services sold commercially to the Ministry of Defense
of Brunei (Transmittal No. DTC-23-96), pursuant to 22 U.S.C.
2776(c); to the Committee on International Relations.
2713. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed manufacturing license agreement
for production of major military equipment with Japan
(Transmittal No. DTC-18-96), pursuant to 22 U.S.C. 2776(d);
to the Committee on International Relations.
2714. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated settlement of the Cyprus question, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
International Relations.
2715. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Amendment to the List of Proscribed
Destinations (22 CFR Part 126 received April 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
International Relations.
2716. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-254, ``Sports
Commission Conflict of Interest Temporary Amendment Act of
1996,'' pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
2717. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-258,
``Banking and Branching Act of 1996,'' pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
2718. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-260, ``Tax
Revision Commission Establishment Act of 1996,'' pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
2719. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-261,
``Contribution Limitation Initiative Amendment Act of 1996,''
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
2720. A letter from the Executive Director, District of
Columbia Retirement Board, transmitting the financial
disclosure statements of board members, pursuant to D.C.
Code, section 1-732 and 1-734(a)(1)(A); to the Committee on
Government Reform and Oversight.
2721. A letter from the Human Resources Manager, CoBank,
transmitting the annual report to the Congress and the
Comptroller General of the United States for CoBank--National
Bank for Cooperatives Retirement Plan for the year ending
December 31, 1994, pursuant to 31 U.S.C. 9503(a)(1)(B); to
the Committee on Government Reform and Oversight.
2722. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Equal Employment Opportunity; Policies and
Procedures (FR-3323) received April 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
2723. A letter from the Agency Freedom of Information
Officer (1105), Environmental Protection Agency, transmitting
a report of activities under the Freedom of Information Act
for the calendar year 1995, pursuant to 5 U.S.C. 552; to the
Committee on Government Reform and Oversight.
2724. A letter from the Chairman, Federal Trade Commission,
transmitting a copy of the annual report in compliance with
the Government in the Sunshine Act during the calendar year
1995, pursuant to 5 U.S.C. 552b(j); to the Committee on
Government Reform and Oversight.
2725. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rules--(1)
Federal Employees Health Benefits Programs: Filing Claims;
Disputed Claims Procedures and Court Actions (RIN: 3206-AH36)
and (2) Federal Employees Health Benefits Acquisition
Regulation Filing Health Benefits Claims; Addition of
Contract Clause (RIN: 3206-AG30) received May 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
2726. A letter from the Secretary of Health and Human
Services, transmitting a report of activities under the
Freedom of Information Act for the calendar year 1995;
pursuant to 5 U.S.C. 552(e); to the Committee on Government
Reform and Oversight.
2727. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations; Manchester Harbor, MA (RIN:
2115-AE47) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2728. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Compressed Natural
Gas Fuel Containers (RIN: 2127-AF79) received April 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2729. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Pipeline Safety Program Procedures; Updates and Corrections
(RIN: 2137-AC79) received April 30, 1996, pursuant to 5
U.S.C. 801)(1)(A); to the Committee on Transportation and
Infrastructure.
2730. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Fuel System Integrity
(RIN: 2127-AG30) received April 30, 1996, pursuant to 5
U.S.C. 801)(1)(A); to the Committee on Transportation and
Infrastructure.
2731. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Safety Standards; Hydraulic Brake Systems (RIN:
2127-AG28) received April 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2732. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A310 and A300-600
Series Airplanes (RIN: 2120-AA64) received April 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2733. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Elimination of Unnecessary and Duplicate Hazardous Materials
Regulations (RIN: 2137-AC69) received April 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2734. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Water Quality Standards
for Surface Waters in Arizona (FRL-5467-9) received May 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2735. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rules--
Treatment of Underwriters in Section 351 and Section 721
Transactions (RIN: 1545-AT55) received May 1, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Way and Means.
2736. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Environmental Settlement Funds--Classification (RIN: 1545-
AT02) received May 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
2737. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Transfers to Investment Companies (RIN: 1545-AT43) received
May 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
2738. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Diversification of Common Trust Funds (RIN: 1545-AQ64)
received May 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
2739. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Debt
Instruments Subject to Both Section 475 and the Principal-
Reduction Method of Accounting (Notice 96-23, 1996-16 I.R.B.
23) received May 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
2740. A letter from the Assistant Attorney General of the
United States, transmitting a draft of proposed legislation
entitled the ``Methamphetamine Control Act of 1996'';
jointly, to the Committees on the Judiciary, Commerce, and
Ways and Means.
para.50.3 mexico-united states interparliamentary group
The SPEAKER, pursuant to the provisions of 22 United States Code 276h,
appointed to the Mexico-United States Interparliamentary Group the
following Members on the part of the House:
Mr. Kolbe, Arizona, Chairman; Mr. Ballenger, Vice Chairman; Mr.
Gilman, Mr. Dreier, Mr. Gallegly, Mr. Manzullo, Mr. Bilbray, Mr. de la
Garza, Mr. Rangel, Mr. Miller of California, Mr. Gejdenson, and Mr.
Filner.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.50.4 committees and subcommittees to sit
On motion of Mr. HAYWORTH, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Commerce, the Committee on Economic and
Educational Opportunities, the Committee on House Oversight, the
Committee on International Relations, the Committee on National
Security, the Committee on Science, the Committee on Small Business, the
Committee on Transportation and Infrastructure, and the Permanent Select
Committee on Intelligence.
para.50.5 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to clause 5, rule I,
announced the unfinished busi
[[Page 1000]]
ness to be the question on agreeing to the Chair's approval of the
Journal of Tuesday, April 30, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that the yeas had
it.
Mr. HAYWORTH objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
358
Nays
51
When there appeared
<3-line {>
Answered present
1
para.50.6 [Roll No. 139]
YEAS--358
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Herger
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E.B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Vucanovich
Walker
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--51
Abercrombie
Borski
Brown (CA)
Brown (FL)
Chenoweth
Collins (IL)
DeFazio
Durbin
Engel
Ensign
Everett
Filner
Flanagan
Funderburk
Gephardt
Gillmor
Gutierrez
Hefley
Heineman
Hilleary
Hilliard
Jacobs
LaFalce
Latham
Levin
Lewis (GA)
Longley
Martini
McDermott
Meek
Menendez
Miller (CA)
Oberstar
Pallone
Pickett
Pombo
Rush
Sabo
Schroeder
Smith (NJ)
Stark
Stockman
Talent
Taylor (MS)
Torkildsen
Velazquez
Vento
Visclosky
Volkmer
Weller
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--23
Beilenson
Berman
Bevill
Bryant (TX)
Chapman
Clay
de la Garza
Fields (TX)
Frost
Gibbons
Hayes
Johnson (SD)
Kaptur
Livingston
Moakley
Molinari
Pastor
Rivers
Sanders
Walsh
Wilson
Wise
Wolf
So the Journal was approved.
para.50.7 providing for the consideration of h.r. 2651
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 418):
Resolved, That at any time after adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into Committee of the Whole
House on the state of the Union of consideration of the bill
(H.R. 2641) to amend title 28, United States Code, to provide
for appointment of United States marshals by the Director of
the United States Marshals Service. The first reading of the
bill shall be dispensed with. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on the Judiciary. After general
debate the bill shall be considered for amendment under the
five-minute rule, It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
recommended by the Committee on the Judiciary now printed in
the bill. Each section of the committee amendment in the
nature of a substitute shall be considered as read. During
consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition on
the basis of whether the Member offering an amendment has
caused it to be printed in the portion of the Congressional
Record designated for that purpose in clause 6 of rule XXIII.
Amendments so printed shall be considered as read. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. After passage of H.R. 2641, it shall be in order to
take from the Speaker's table the bill S. 1338 and to
consider the Senate bill in the House. It shall be in order
to move to strike all after the enacting clause of the Senate
bill and to insert in lieu thereof the provisions of H.R.
2641 as passed by the House. If the motion is adopted and the
Senate bill, as amended, is passed, then it shall be in order
to move that the House insist on its amendments to S. 1338
and request a conference with the Senate thereon.
When said resolution was considered.
After debate,
Ms. PRYCE moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that the yeas had
it.
MR. HALL of Ohio objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
219
When there appeared
<3-line {>
Nays
203
para.50.8 [Roll No. 140]
YEAS--219
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
[[Page 1001]]
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Goodlatte
Goodling
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--203
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Berman
Bryant (TX)
Clay
Flanagan
Goss
Hayes
Kaptur
Lewis (GA)
Matsui
Molinari
Myers
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that the yeas had
it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.50.9 united states marshals
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to House Resolution
418 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 2641) to amend title 28, United States Code, to provide for
appointment of United States marshals by the Director of the United
States Marshal Service.
The SPEAKER pro tempore, Mr. GUTKNECHT, by unanimous consent,
designated Mr. WICKER as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. DICKEY, assumed the Chair.
When Mr. WICKER, Chairman, pursuant to House Resolution 418, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Marshals
Service Improvement Act of 1996''.
SEC. 2. APPOINTMENTS OF MARSHALS.
(a) In General.--Chapter 37 of title 28, United States
Code, is amended--
(1) in section 561(c)--
(A) by striking ``The President shall appoint, by and with
the advice and consent of the Senate,'' and inserting ``The
Attorney General shall appoint''; and
(B) by inserting ``United States marshals shall be
appointed subject to the provisions of title 5 governing
appointments in the competitive civil service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and pay rates.'' after the first sentence;
(2) by striking subsection (d) of section 561;
(3) by redesignating subsections (e), (f), (g), (h), and
(i) of section 561 as subsections (d), (e), (f), (g), and
(h), respectively; and
(4) by striking section 562.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 37 of title 28, United States Code, is
amended by striking the item relating to section 562.
SEC. 3. TRANSITIONAL PROVISIONS; PRESIDENTIAL APPOINTMENT OF
CERTAIN UNITED STATES MARSHALS.
(a) Incumbent Marshals.--Notwithstanding the amendments
made by this Act, each marshal appointed under chapter 37 of
title 28, United States Code, before the date of the
enactment of this Act shall, unless that marshal resigns or
is removed by the President, continue to perform the duties
of that office until the expiration of that marshal's term
and the appointment of a successor.
(b) Vacancies After Enactment.--Notwithstanding the
amendments made by this Act, with respect to the first
vacancy which occurs in the office of United States marshal
in any district, during the period beginning on the date of
the enactment of this Act and ending on December 31, 1999,
the President shall appoint, by and with the advice and
consent of the Senate, a marshal to fill that vacancy for a
term of 4 years. Any marshal appointed by the President under
this subsection shall, unless that marshal resigns or is
removed from office by the President, continue to perform the
duties of that office after the end of the four-year term to
which such marshal was appointed until a successor is
appointed.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. DICKEY, announced that the yeas had it.
Mr. BISHOP objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
351
When there appeared
<3-line {>
Nays
72
para.50.10 [Roll No. 141]
YEAS--351
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
[[Page 1002]]
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Volkmer
Vucanovich
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--72
Barrett (WI)
Bishop
Bonior
Brown (FL)
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
Dellums
Dingell
Duncan
Engel
Eshoo
Fattah
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Gejdenson
Gephardt
Gibbons
Green (TX)
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Kanjorski
Kennedy (MA)
Kildee
Klink
Lewis (GA)
McDermott
McKinney
McNulty
Meek
Mollohan
Murtha
Neal
Obey
Olver
Owens
Payne (NJ)
Peterson (FL)
Poshard
Rahall
Rangel
Roemer
Rush
Sanders
Sawyer
Stark
Stokes
Thompson
Towns
Visclosky
Waters
Williams
Wynn
NOT VOTING--10
Berman
Bryant (TX)
Clay
Goss
Kaptur
Kleczka
Molinari
Myers
Walker
White
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title 28, United States Code, to provide for appointment of United
States marshals by the Attorney General.''.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.50.11 providing for the consideration of h.r. 2149
Mr. QUILLEN, by direction of the Committee on Rules, called up the
following resolution (H. Res. 419):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 2149) to reduce regulation, promote
efficiencies, and encourage competition in the international
ocean transportation system of the United States, to
eliminate the Federal Maritime Commission, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Transportation and Infrastructure. After general debate the
bill shall be considered for amendment under the five-minute
rule. Before consideration of any other amendment it shall be
in order to consider the amendment printed in part 1 of the
report of the Committee on Rules accompanying this
resolution, if offered by Representative Shuster of
Pennsylvania or his designee. That amendment shall be
considered as read, may amend portions of the bill not yet
read for amendment, shall be debatable for 10 minutes equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Points of order against that
amendment for failure to comply with clause 7 of rule XVI are
waived. If that amendment is adopted, the bill, as amended,
shall be considered as the original bill for the purpose of
further amendment. The bill, as amended, shall be considered
by title rather than by section. The first section and each
title shall be considered as read. During further
consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition on
the basis of whether the Member offering an amendment has
caused it to be printed in the portion of the Congressional
Record designated for that purpose in clause 6 of rule XXIII.
Amendments so printed shall be considered as read. The
amendment printed in part 2 of the report of the Committee on
Rules shall be considered as read, may amend portions of the
bill not yet read for amendment, shall not be subject to an
amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the
Whole. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
Mr. QUILLEN submitted the following amendment which was agreed to:
Page 3, line 12, strike ``an amendment'' and insert in lieu
thereof ``amendment (except pro forma amendments)''.
After debate,
On motion of Mr. QUILLEN, the previous question was ordered on the
resolution, as amended, to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that the yeas had it.
Mr. SHUSTER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
422
When there appeared
<3-line {>
Nays
0
para.50.12 [Roll No. 142]
YEAS--422
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
[[Page 1003]]
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Berman
Bryant (TX)
Clay
Danner
Ewing
Goss
Kaptur
McCarthy
McNulty
Molinari
Myers
So the resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said resolution, as amended,
was agreed to was, by unanimous consent, laid on the table.
para.50.13 ocean shipping reform
The SPEAKER pro tempore, Mr. DICKEY, pursuant to House Resolution 419
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2149) to reduce regulation, promote efficiencies, and encourage
competition in the international ocean transportation system of the
United States, to eliminate the Federal Maritime Commission, and for
other purposes.
The SPEAKER pro tempore, Mr. DICKEY, by unanimous consent, designated
Mr. REGULA as Chairman of the Committee of the Whole; and after some
time spent therein,
para.50.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBERSTAR:
Page 10, line 23, strike ``(5)'' and insert ``(5)(A)''.
Page 11, line 7, strike the closing quotation marks and the
final period.
Page 11, after line 7, insert the following:
``(B) Notwithstanding subparagraph (A), the essential terms
of a contract entered into under this section shall be made
publicly available electronically in a manner prescribed by
the Commission. This subparagraph does not apply to service
contracts dealing with bulk cargo, forest products, recycled
metal scrap, waste paper, or paper waste.
``(C) For purpose of subparagraph (B), the essential terms
of a contract shall include--
``(i) the origin and destination port ranges in the case of
port-to-port movements, and the original and destination
geographic areas in the case of through intermodal movements;
``(ii) the commodity or commodities involved;
``(iii) the minimum volume;
``(iv) the line-haul rate;
``(v) the duration;
``(vi) service commitments; and
``(vii) the liquidated damages for nonperformance, if
any.''.
Page 14, line 11, insert ``except as provided by section
8(b)(4)(B),'' after ``(B)''.
At the end of section 301(a) of the bill insert the
following:
The Secretary of Transportation shall delegate such
functions, powers, and duties to the Surface Transportation
Board.
It was decided in the
Yeas
197
<3-line {>
negative
Nays
224
para.50.15 [Roll No. 143]
AYES--197
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bilirakis
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--224
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bliley
Blute
Boehlert
Boehner
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
[[Page 1004]]
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Berman
Bonilla
Bryant (TX)
Clay
Goss
Kaptur
Largent
Molinari
Myers
Solomon
Torricelli
Waxman
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. KINGSTON, assumed the Chair.
When Mr. REGULA, Chairman, pursuant to House Resolution 419, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 3, line 3, strike ``rates;'' and insert ``rates,
charges, classifications, rules, and practices;''.
Page 3, line 19, strike ``or'' and insert ``and''.
Page 10, line 17, strike the closing quotation marks and
the final period.
Page 10, after line 17, insert the following:
``(4) The requirements and prohibitions concerning
contracting by conferences contained in sections 5(b) (9) and
(10) of this Act shall also apply to any agreement among one
or more ocean common carriers that is filed under section
5(a) of this Act.''.
Page 10, line 23, strike ``(4)'' and insert ``(5)''.
Page 14, after line 19, insert the following:
(A) by striking subsection (c)(1) and inserting the
following:
``(1) boycott, take any concerted action resulting in an
unreasonable refusal to deal, or implement a policy or
practice that results in an unreasonable refusal to deal;'';
Page 14, line 20, strike ``(A)'' and insert ``(B)''.
Page 14, line 23, strike ``(B)'' and insert ``(C)''.
Page 14, line 25, insert ``and'' at the end.
Page 15, line 3, strike ``; and'' and insert a period.
Page 15, strike lines 4 through 9.
Page 19, strike lines 4 through 25 and insert the
following:
(1) by striking subsections (a) and inserting the
following:
``(a) License.--No person in the United States may act as
an ocean freight forwarder unless that person holds a license
issued by the Commission. The Commission shall issue a
forwarder's license to any person that the Commission
determines to be qualified by experience and character to
render forwarding services.'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Financial Responsibility.--
``(1) No person may act as an ocean freight forwarder
unless that person furnishes a bond, proof of insurance, or
other surety in a form and amount determined by the
Commission to insure financial responsibility that is issued
by a surety company found acceptable by the Secretary of the
Treasury.
``(2) A bond, insurance, or other surety obtained pursuant
to this section shall be available to pay any judgment for
damages against an ocean freight forwarder arising from its
transportation-related activities under this Act or order for
reparation issued pursuant to section 11 or 14 of this Act.
``(3) An ocean freight forwarder not domiciled in the
United States shall designate a resident agent in the United
States for receipt of service of judicial and administrative
process, including subpoenas.'';
(4) in subsection (c), as redesignated by paragraph (2) of
this section, by striking ``a bond in accordance with
subsection (a)(2)'' and inserting ``a bond, proof of
insurance, or other surety in accordance with subsection
(b)(1)''; and
(5) in subsection (e), as redesignated by paragraph (2) of
this section--
(A) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3); and
(B) by adding at the end the following:
``(4) No conference or group of 2 or more ocean common
carriers in the foreign commerce of the United States that is
authorized to agree upon the level of compensation paid to an
ocean freight forwarder, as defined in section 3(18)(A) of
this Act, may--
``(A) deny to any member of the conference or group the
right, upon notice of not more than 3 business days, to take
independent action on any level of compensation paid to an
ocean freight forwarder; or
``(B) agree to limit the payment of compensation to an
ocean freight forwarder, as defined in section 3(18)(A) of
this Act, to less than 1.25 percent of the aggregate of all
rates and charges which are applicable under a common
schedule of transportation rates provided under section 8(a)
of this Act, and which are assessed against the cargo on
which the forwarding services are provided.''.
Page 24, line 15, strike ``United States carriers'' and
insert ``one or more ocean common carriers''.
Page 24, strike lines 19 through 24 and insert the
following:
``(h)(1) The Secretary shall issue regulations by June 1,
1997, that prescribe procedures and requirements governing
the submission of price and other information necessary to
enable the Secretary to determine under subsection (g)
whether prices charged by carriers are unfair, predatory, or
anticompetitive.
``(2)(A) If information provided to the Secretary under
this subsection does not result in a finding by the Secretary
of a violation of this section or enforcement action by the
Secretary, the information may not be made public and shall
be exempt from disclosure under section 552 of title 5,
United States Code, except for purposes of an administrative
or judicial action or proceeding.
``(B) This paragraph does not prohibit disclosure to either
House of the Congress or to a duly authorized committee or
subcommittee of the Congress.''.
Page 25, after line 10, insert the following:
``SEC. 203. REPORT BY THE SECRETARY.
``The Secretary shall report to the Congress by January 1,
1998, and annually thereafter, on--
``(1) actions taken by the Secretary under the Foreign
Shipping Practices Act of 1988 (46 App. U.S.C. 1710a) and
section 9 of the Shipping Act of 1984 (46 U.S.C. App. 1708);
and
``(2) the effect on United States maritime employment of
laws, rules, regulations, policies, or practice of foreign
governments, and any practices of foreign carriers or other
persons providing maritime or maritime-related services in a
foreign country, that adversely affect the operations of
United States carriers in United States oceanborne trade.''
Page 25, strike line 14 and all that follows through line 4
on page 26 and insert the following:
SEC. 301. AGENCY TERMINATION.
(a) In General.--On September 30, 1997, the Federal
Maritime Commission shall terminate and all remaining
functions, powers, and duties of the Federal Maritime
Commission shall be transferred to the Secretary of
Transportation.
(b) Authorization of Appropriations for Fiscal Year 1997.--
There is authorized to be appropriated to the Federal
Maritime Commission, $19,000,000 for fiscal year 1997.
At the end of the bill, add the following new title:
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. TRANSFER OF CERTAIN OBSOLETE TUGBOATS OF THE NAVY.
(a) Requirement To Transfer Vessels.--The Secretary of the
Navy shall transfer the six obsolete tugboats of the Navy
specified in subsection (b) to the Northeast Wisconsin
Railroad Transportation Commission, an instrumentality of the
State of Wisconsin. Such transfers shall be made as
expeditiously as practicable upon completion of any necessary
environmental compliance agreements.
(b) Vessels Covered.--The requirement in subsection (a)
applies to the six decommissioned Cherokee class tugboats,
listed as of the date of the enactment of this Act as being
surplus to the Navy, that are designated as ATF-105, ATF-110,
ATF-149, ATF-158, ATF-159, and ATF-160.
(c) Terms and Conditions.--The Secretary may require such
terms and conditions in connection with the transfers
required by this section as the Secretary considers
appropriate.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. OBERSTAR demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
[[Page 1005]]
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
182
para.50.16 [Roll No. 144]
YEAS--239
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--182
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bishop
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (WA)
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--12
Berman
Bonilla
Bryant (TX)
Chenoweth
Clay
Goss
Graham
Kaptur
Molinari
Myers
Rogers
Torricelli
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.50.17 order of business--consideration of conference report to
accompany s. 641
On motion of Mr. BILIRAKIS, by unanimous consent,
Ordered, That it shall now be in order to consider immediately the
conference report to accompany the bill of the Senate (S. 641) to
reauthorize the Ryan White CARE Act of 1990, and for other purposes;
that all points of order against the conference report and against its
consideration be waived; and that the conference report be considered as
read.
para.50.18 ryan white care reauthorization
Mr. BILIRAKIS, pursuant to the foregoing order, called up the
following conference report (Rept. No. 104-545):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
641), to reauthorize the Ryan White CARE Act of 1990, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ryan White CARE Act
Amendments of 1996''.
SEC. 2. REFERENCES.
Whenever in this Act an amendment is expressed in terms of
an amendment to a section or other provision, the reference
shall be considered to be made to a section or other
provision of the Public Health Service Act (42 U.S.C. 201 et
seq.).
SEC. 3. GENERAL AMENDMENTS.
(a) Program of Grants.--
(1) Number of cases.--Section 2601(a) (42 U.S.C. 300ff-11)
is amended--
(A) by striking ``subject to subsection (b)'' and inserting
``subject to subsections (b) through (d)''; and
(B) by striking ``metropolitan area'' and all that follows
and inserting the following: ``metropolitan area for which
there has been reported to the Director of the Centers for
Disease Control and Prevention a cumulative total of more
than 2,000 cases of acquired immune deficiency syndrome for
the most recent period of 5 calendar years for which such
data are available.''.
(2) Other provisions regarding eligibility.--Section 2601
(42 U.S.C. 300ff-11) is amended by adding at the end thereof
the following new subsections:
``(c) Requirements Regarding Population.--
``(1) Number of individuals.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary may not make a grant under this section for a
metropolitan area unless the area has a population of 500,000
or more individuals.
``(B) Limitation.--Subparagraph (A) does not apply to any
metropolitan area that was an eligible area under this part
for fiscal year 1995 or any prior fiscal year.
``(2) Geographic boundaries.--For purposes of eligibility
under this part, the boundaries of each metropolitan area are
the boundaries that were in effect for the area for fiscal
year 1994.
``(d) Continued Status as Eligible Area.--Notwithstanding
any other provision of this section, a metropolitan area that
was an eligible area under this part for fiscal year 1996 is
an eligible area for fiscal year 1997 and each subsequent
fiscal year.''.
(3) Conforming amendment regarding definition of eligible
area.--Section 2607(1) (42 U.S.C. 300ff-17(1)) is amended by
striking ``The term'' and all that follows and inserting the
following: ``The term `eligible area' means a metropolitan
area meeting the requirements of section 2601 that are
applicable to the area.''.
(b) Emergency Relief for Areas With Substantial Need for
Services.--
(1) HIV health services planning council.--Subsection (b)
of section 2602 (42 U.S.C. 300ff-12(b)) is amended--
(A) in paragraph (1)--
(i) by striking ``include'' and all that follows through
the end thereof, and inserting ``reflect in its composition
the demographics of the epidemic in the eligible area
involved, with particular consideration given to
disproportionately affected and historically underserved
groups and subpopulations.''; and
(ii) by adding at the end thereof the following new
sentences: ``Nominations for membership on the council shall
be identified through an open process and candidates shall be
selected based on locally delineated and publicized criteria.
Such criteria shall include a conflict-of-interest standard
that is in accordance with paragraph (5).'';
[[Page 1006]]
(B) in paragraph (2), by adding at the end thereof the
following new subparagraph:
``(C) Chairperson.--A planning council may not be chaired
solely by an employee of the grantee.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``area;'' and
inserting ``area, including how best to meet each such
priority and additional factors that a grantee should
consider in allocating funds under a grant based on the--
``(i) documented needs of the HIV-infected population;
``(ii) cost and outcome effectiveness of proposed
strategies and interventions, to the extent that such data
are reasonably available, (either demonstrated or probable);
``(iii) priorities of the HIV-infected communities for whom
the services are intended; and
``(iv) availability of other governmental and
nongovernmental resources;'';
(ii) by striking ``and'' at the end of subparagraph (B);
(iii) by striking the period at the end of subparagraph (C)
and inserting ``, and at the discretion of the planning
council, assess the effectiveness, either directly or through
contractual arrangements, of the services offered in meeting
the identified needs; ''; and
(iv) by adding at the end thereof the following new
subparagraphs:
``(D) participate in the development of the Statewide
coordinated statement of need initiated by the State public
health agency responsible for administering grants under part
B; and
``(E) establish methods for obtaining input on community
needs and priorities which may include public meetings,
conducting focus groups, and convening ad-hoc panels.'';
(D) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(E) by inserting after paragraph (1), the following new
paragraph:
``(2) Representation.--The HIV health services planning
council shall include representatives of--
``(A) health care providers, including federally qualified
health centers;
``(B) community-based organizations serving affected
populations and AIDS service organizations;
``(C) social service providers;
``(D) mental health and substance abuse providers;
``(E) local public health agencies;
``(F) hospital planning agencies or health care planning
agencies;
``(G) affected communities, including people with HIV
disease or AIDS and historically underserved groups and
subpopulations;
``(H) nonelected community leaders;
``(I) State government (including the State medicaid agency
and the agency administering the program under part B);
``(J) grantees under subpart II of part C;
``(K) grantees under section 2671, or, if none are
operating in the area, representatives of organizations with
a history of serving children, youth, women, and families
living with HIV and operating in the area; and
``(L) grantees under other Federal HIV programs.''; and
(F) by adding at the end thereof the following:
``(5) Conflicts of interest.--
``(A) In general.--The planning council under paragraph (1)
may not be directly involved in the administration of a grant
under section 2601(a). With respect to compliance with the
preceding sentence, the planning council may not designate
(or otherwise be involved in the selection of) particular
entities as recipients of any of the amounts provided in the
grant.
``(B) Required agreements.--An individual may serve on the
planning council under paragraph (1) only if the individual
agrees that if the individual has a financial interest in an
entity, if the individual is an employee of a public or
private entity, or if the individual is a member of a public
or private organization, and such entity or organization is
seeking amounts from a grant under section 2601(a), the
individual will not, with respect to the purpose for which
the entity seeks such amounts, participate (directly or in an
advisory capacity) in the process of selecting entities to
receive such amounts for such purpose.
``(6) Grievance procedures.--A planning council under
paragraph (1) shall develop procedures for addressing
grievances with respect to funding under this part, including
procedures for submitting grievances that cannot be resolved
to binding arbitration. Such procedures shall be described in
the by-laws of the planning council and be consistent with
the requirements of subsection (c).
``(c) Grievance Procedures.--
``(1) Federal responsibility.--
``(A) Models.--The Secretary shall, through a process that
includes consultations with grantees under this part and
public and private experts in grievance procedures,
arbitration, and mediation, develop model grievance
procedures that may be implemented by the planning council
under subsection (b)(1) and grantees under this part. Such
model procedures shall describe the elements that must be
addressed in establishing local grievance procedures and
provide grantees with flexibility in the design of such local
procedures.
``(B) Review.--The Secretary shall review grievance
procedures established by the planning council and grantees
under this part to determine if such procedures are adequate.
In making such a determination, the Secretary shall assess
whether such procedures permit legitimate grievances to be
filed, evaluated, and resolved at the local level.
``(2) Grantees.--To be eligible to receive funds under this
part, a grantee shall develop grievance procedures that are
determined by the Secretary to be consistent with the model
procedures developed under paragraph (1)(A). Such procedures
shall include a process for submitting grievances to binding
arbitration.''.
(2) Distribution of grants.--Section 2603 (42 U.S.C. 300ff-
13) is amended--
(A) in subsection (a)(2), by striking ``Not later than--''
and all that follows through ``the Secretary shall'' and
inserting the following: ``Not later than 60 days after an
appropriation becomes available to carry out this part for
each of the fiscal years 1996 through 2000, the Secretary
shall''; and
(B) in subsection (b)
(i) in paragraph (1)--
(I) by striking ``and'' at the end of subparagraph (D);
(II) by striking the period at the end of subparagraph (E)
and inserting a semicolon; and
(III) by adding at the end thereof the following new
subparagraphs:
``(F) demonstrates the inclusiveness of the planning
council membership, with particular emphasis on affected
communities and individuals with HIV disease; and
``(G) demonstrates the manner in which the proposed
services are consistent with the local needs assessment and
the Statewide coordinated statement of need.''; and
(ii) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(iii) by inserting after paragraph (1), the following new
paragraph:
``(2) Definition.--
``(A) Severe need.--In determining severe need in
accordance with paragraph (1)(B), the Secretary shall
consider the ability of the qualified applicant to expend
funds efficiently and the impact of relevant factors on the
cost and complexity of delivering health care and support
services to individuals with HIV disease in the eligible
area, including factors such as--
``(i) sexually transmitted diseases, substance abuse,
tuberculosis, severe mental illness, or other comorbid
factors determined relevant by the Secretary;
``(ii) new or growing subpopulations of individuals with
HIV disease; and
``(iii) homelessness.
``(B) Prevalence.--In determining the impact of the factors
described in subparagraph (A), the Secretary shall, to the
extent practicable, use national, quantitative incidence data
that are available for each eligible area. Not later than 2
years after the date of enactment of this paragraph, the
Secretary shall develop a mechanism to utilize such data. In
the absence of such data, the Secretary may consider a
detailed description and qualitative analysis of severe need,
as determined under subparagraph (A), including any local
prevalence data gathered and analyzed by the eligible area.
``(C) Priority.--Subsequent to the development of the
quantitative mechanism described in subparagraph (B), the
Secretary shall phase in, over a 3-year period beginning in
fiscal year 1998, the use of such a mechanism to determine
the severe need of an eligible area compared to other
eligible areas and to determine, in part, the amount of
supplemental funds awarded to the eligible area under this
part.''.
(3) Distribution of funds.--
(A) In general.--Section 2603(a)(2) (42 U.S.C. 300ff-
13(a)(2)) (as amended by paragraph (2)) is further amended--
(i) by inserting ``, in accordance with paragraph (3)''
before the period; and
(ii) by adding at the end thereof the following new
sentences: ``The Secretary shall reserve an additional
percentage of the amount appropriated under section 2677 for
a fiscal year for grants under part A to make grants to
eligible areas under section 2601(a) in accordance with
paragraph (4).''.
(B) Increase in grant.--Section 2603(a) (42 U.S.C. 300ff-
13(a)) is amended by adding at the end thereof the following
new paragraph:
``(4) Increase in grant.--With respect to an eligible area
under section 2601(a), the Secretary shall increase the
amount of a grant under paragraph (2) for a fiscal year to
ensure that such eligible area receives not less than--
``(A) with respect to fiscal year 1996, 100 percent;
``(B) with respect to fiscal year 1997, 99 percent;
``(C) with respect to fiscal year 1998, 98 percent;
``(D) with respect to fiscal year 1999, 96.5 percent; and
``(E) with respect to fiscal year 2000, 95 percent;
of the amount allocated for fiscal year 1995 to such entity
under this subsection.''.
(C) Additional requirements for grants.--Section 2603 (42
U.S.C. 300ff-13) is amended by adding at the end thereof the
following subsection:
``(c) Compliance With Priorities of HIV Planning Council.--
Notwithstanding any other provision of this part, the
Secretary, in carrying out section 2601(a), may not make any
grant under subsection (a) or (b) to an eligible area unless
the application submitted by such area under section 2605 for
the grant involved demonstrates that the grants made under
subsections (a) and (b) to the area for the preceding fiscal
year (if any) were expended in accordance with the priorities
applicable to such year that were estab
[[Page 1007]]
lished, pursuant to section 2602(b)(3)(A), by the planning
council serving the area.''.
(4) Use of amounts.--Section 2604 (42 U.S.C. 300ff-14) is
amended--
(A) in subsection (b)(1)(A)--
(i) by inserting ``, substance abuse treatment and mental
health treatment,'' after ``case management''; and
(ii) by inserting ``which shall include treatment education
and prophylactic treatment for opportunistic infections,''
after ``treatment services,'';
(B) in subsection (b)(2)(A)--
(i) by inserting ``, or private for-profit entities if such
entities are the only available provider of quality HIV care
in the area,'' after ``nonprofit private entities,''; and
(ii) by striking ``and homeless health centers'' and
inserting ``homeless health centers, substance abuse
treatment programs, and mental health programs'';
(C) by adding at the end of subsection (b), the following
new paragraph:
``(3) Priority for women, infants and children.--For the
purpose of providing health and support services to infants,
children, and women with HIV disease, including treatment
measures to prevent the perinatal transmission of HIV, the
chief elected official of an eligible area, in accordance
with the established priorities of the planning council,
shall use, from the grants made for the area under section
2601(a) for a fiscal year, not less than the percentage
constituted by the ratio of the population in such area of
infants, children, and women with acquired immune deficiency
syndrome to the general population in such area of
individuals with such syndrome.''; and
(C) in subsection (e)--
(i) in the subsection heading, by striking ``and
Planning'';
(ii) by striking ``The chief'' and inserting:
``(1) In general.--The chief'';
(iii) by striking ``accounting, reporting, and program
oversight functions'';
(iv) by adding at the end thereof the following new
sentence: ``In the case of entities and subcontractors to
which such officer allocates amounts received by the officer
under the grant, the officer shall ensure that, of the
aggregate amount so allocated, the total of the expenditures
by such entities for administrative expenses does not exceed
10 percent (without regard to whether particular entities
expend more than 10 percent for such expenses).''; and
(v) by adding at the end thereof the following new
paragraphs:
``(2) Administrative activities.--For the purposes of
paragraph (1), amounts may be used for administrative
activities that include--
``(A) routine grant administration and monitoring
activities, including the development of applications for
part A funds, the receipt and disbursal of program funds, the
development and establishment of reimbursement and accounting
systems, the preparation of routine programmatic and
financial reports, and compliance with grant conditions and
audit requirements; and
``(B) all activities associated with the grantee's contract
award procedures, including the development of requests for
proposals, contract proposal review activities, negotiation
and awarding of contracts, monitoring of contracts through
telephone consultation, written documentation or onsite
visits, reporting on contracts, and funding reallocation
activities.
``(3) Subcontractor administrative costs.--For the purposes
of this subsection, subcontractor administrative activities
include--
``(A) usual and recognized overhead, including established
indirect rates for agencies;
``(B) management oversight of specific programs funded
under this title; and
``(C) other types of program support such as quality
assurance, quality control, and related activities.''.
(5) Application.--Section 2605 (42 U.S.C. 300ff-15) is
amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting ``,
in accordance with subsection (c) regarding a single
application and grant award,'' after ``application'';
(ii) in paragraph (1)(B), by striking ``1-year period'' and
all that follows through ``eligible area'' and inserting
``preceding fiscal year'';
(iii) in paragraph (4), by striking ``and'' at the end
thereof;
(iv) in paragraph (5), by striking the period at the end
thereof and inserting ``; and''; and
(v) by adding at the end thereof the following new
paragraph:
``(6) that the applicant has participated, or will agree to
participate, in the Statewide coordinated statement of need
process where it has been initiated by the State public
health agency responsible for administering grants under part
B, and ensure that the services provided under the
comprehensive plan are consistent with the Statewide
coordinated statement of need.'';
(B) in subsection (b)--
(i) in the subsection heading, by striking ``Additional'';
and
(ii) in the matter preceding paragraph (1), by striking
``additional application'' and inserting ``application, in
accordance with subsection (c) regarding a single application
and grant award,''; and
(C) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(D) by inserting after subsection (b), the following new
subsection:
``(c) Single Application and Grant Award.--
``(1) Application.--The Secretary may phase in the use of a
single application that meets the requirements of subsections
(a) and (b) of section 2603 with respect to an eligible area
that desires to receive grants under section 2603 for a
fiscal year.
``(2) Grant award.--The Secretary may phase in the awarding
of a single grant to an eligible area that submits an
approved application under paragraph (1) for a fiscal
year.''.
(6) Technical assistance.--Section 2606 (42 U.S.C. 300ff-
16) is amended--
(A) by striking ``may'' and inserting ``shall'';
(B) by inserting after ``technical assistance'' the
following: ``, including assistance from other grantees,
contractors or subcontractors under this title to assist
newly eligible metropolitan areas in the establishment of HIV
health services planning councils and,''; and
(C) by adding at the end thereof the following new
sentences: ``The Administrator may make planning grants
available to metropolitan areas, in an amount not to exceed
$75,000 for any metropolitan area, projected to be eligible
for funding under section 2601 in the following fiscal year.
Such grant amounts shall be deducted from the first year
formula award to eligible areas accepting such grants. Not to
exceed 1 percent of the amount appropriated for a fiscal year
under section 2677 for grants under part A may be used to
carry out this section.''.
(c) Care Grant Program.--
(1) Priority for women, infants and children.--Section 2611
(42 U.S.C. 300ff-21) is amended--
(A) by striking ``The'' and inserting ``(a) In General.--
The''; and
(B) by adding at the end thereof the following new
subsection:
``(b) Priority for Women, Infants and Children.--For the
purpose of providing health and support services to infants,
children, and women with HIV disease, including treatment
measures to prevent the perinatal transmission of HIV, a
State shall use, of the funds allocated under this part to
the State for a fiscal year, not less than the percentage
constituted by the ratio of the population in the State of
infants, children, and women with acquired immune deficiency
syndrome to the general population in the State of
individuals with such syndrome.''.
(2) Use of Grants.--Section 2612 (42 U.S.C. 300ff-22) is
amended--
(A) in subsection (a)--
(i) by striking the subsection designation and heading;
(ii) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(iii) by inserting the following new paragraph:
``(1) to provide the services described in section
2604(b)(1) for individuals with HIV disease;'';
(iv) in paragraph (5) (as so redesignated), by striking
``treatments'' and all that follows through ``health,'' and
inserting ``therapeutics to treat HIV disease''; and
(v) by adding at the end thereof the following flush
sentences:
``Services described in paragraph (1) shall be delivered
through consortia designed as described in paragraph (2),
where such consortia exist, unless the State demonstrates to
the Secretary that delivery of such services would be more
effective when other delivery mechanisms are used. In making
a determination regarding the delivery of services, the State
shall consult with appropriate representatives of service
providers and recipients of services who would be affected by
such determination, and shall include in its demonstration to
the Secretary the findings of the State regarding such
consultation.''; and
(B) by striking subsection (b).
(2) HIV care consortia.--Section 2613 (42 U.S.C. 300ff-23)
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(or private for-profit
providers or organizations if such entities are the only
available providers of quality HIV care in the area)'' after
``nonprofit private,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``substance abuse treatment, mental health
treatment,'' after ``nursing,''; and
(II) by inserting ``prophylactic treatment for
opportunistic infections, treatment education to take place
in the context of health care delivery,'' after
``monitoring,''; and
(B) in subsection (c)--
(i) in subparagraph (C) of paragraph (1), by inserting
before ``care'' ``and youth centered''; and
(ii) in paragraph (2)--
(I) in clause (ii) of subparagraph (A), by striking
``served; and'' and inserting ``served;'';
(II) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(III) by adding after subparagraph (B), the following new
subparagraph:
``(C) grantees under section 2671, or, if none are
operating in the area, representatives in the area of
organizations with a history of serving children, youth,
women, and families living with HIV.''.
(3) Provision of treatments.--Section 2616 (42 U.S.C.
300ff-26) is amended--
(A) in subsection (a)--
(i) by striking ``may use amounts'' and inserting ``shall
use a portion of the amounts'';
(ii) by striking ``section 2612(a)(4)'' and all that
follows through ``prolong life'' and inserting ``section
2612(a)(5) to provide therapeutics to treat HIV disease'';
and
[[Page 1008]]
(iii) by inserting before the period the following: ``,
including measures for the prevention and treatment of
opportunistic infections'';
(B) in subsection (c)--
(i) in paragraph (3), by striking ``and'' at the end
thereof;
(ii) in paragraph (4), by striking the period and inserting
``; and''; and
(iii) by adding at the end thereof the following new
paragraph:
``(5) document the progress made in making therapeutics
described in subsection (a) available to individuals eligible
for assistance under this section.''; and
(C) by adding at the end thereof the following new
subsection:
``(d) Duties of the Secretary.--In carrying out this
section, the Secretary shall review the current status of
State drug reimbursement programs established under section
2612(2) and assess barriers to the expanded availability of
the treatments described in subsection (a). The Secretary
shall also examine the extent to which States coordinate with
other grantees under this title to reduce barriers to the
expanded availability of the treatments described in
subsection (a).''.
(4) State application.--Section 2617(b) (42 U.S.C. 300ff-
27(b)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' at the end
thereof; and
(ii) by adding at the end thereof the following new
subparagraph:
``(C) a description of how the allocation and utilization
of resources are consistent with the Statewide coordinated
statement of need (including traditionally underserved
populations and subpopulations) developed in partnership with
other grantees in the State that receive funding under this
title; and'';
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2), the following new
paragraph:
``(3) an assurance that the public health agency
administering the grant for the State will periodically
convene a meeting of individuals with HIV, representatives of
grantees under each part under this title, providers, and
public agency representatives for the purpose of developing a
Statewide coordinated statement of need; and''.
(5) Planning, evaluation and administration.--Section
2618(c) (42 U.S.C. 300ff-28(c)) is amended--
(A) by striking paragraph (1);
(B) in paragraphs (3) and (4), to read as follows:
``(3) Planning and evaluations.--Subject to paragraph (5)
and except as provided in paragraph (6), a State may not use
more than 10 percent of amounts received under a grant
awarded under this part for planning and evaluation
activities.
``(4) Administration.--
``(A) In general.--Subject to paragraph (5) and except as
provided in paragraph (6), a State may not use more than 10
percent of amounts received under a grant awarded under this
part for administration. In the case of entities and
subcontractors to which the State allocates amounts received
by the State under the grant (including consortia under
section 2613), the State shall ensure that, of the aggregate
amount so allocated, the total of the expenditures by such
entities for administrative expenses does not exceed 10
percent (without regard to whether particular entities expend
more than 10 percent for such expenses).
``(B) Administrative activities.--For the purposes of
subparagraph (A), amounts may be used for administrative
activities that include routine grant administration and
monitoring activities.
``(C) Subcontractor administrative costs.--For the purposes
of this paragraph, subcontractor administrative activities
include--
``(i) usual and recognized overhead, including established
indirect rates for agencies;
``(ii) management oversight of specific programs funded
under this title; and
``(iii) other types of program support such as quality
assurance, quality control, and related activities.'';
(C) by redesignating paragraph (5) as paragraph (7); and
(D) by inserting after paragraph (4), the following new
paragraphs:
``(5) Limitation on use of funds.--Except as provided in
paragraph (6), a State may not use more than a total of 15
percent of amounts received under a grant awarded under this
part for the purposes described in paragraphs (3) and (4).
``(6) Exception.--With respect to a State that receives the
minimum allotment under subsection (a)(1) for a fiscal year,
such State, from the amounts received under a grant awarded
under this part for such fiscal year for the activities
described in paragraphs (3) and (4), may, notwithstanding
paragraphs (3), (4), and (5), use not more than that amount
required to support one full-time-equivalent employee.''.
(6) Technical assistance.--Section 2619 (42 U.S.C. 300ff-
29) is amended--
(A) by striking ``may'' and inserting ``shall''; and
(B) by inserting before the period the following: ``,
including technical assistance for the development and
implementation of Statewide coordinated statements of need''.
(7) Coordination.--Part B of title XXVI (42 U.S.C. 300ff-21
et seq.) is amended by adding at the end thereof the
following new section:
``SEC. 2621. COORDINATION.
``The Secretary shall ensure that the Health Resources and
Services Administration, the Centers for Disease Control and
Prevention, and the Substance Abuse and Mental Health
Services Administration coordinate the planning and
implementation of Federal HIV programs in order to facilitate
the local development of a complete continuum of HIV-related
services for individuals with HIV disease and those at risk
of such disease. Not later than October 1, 1996, and
biennially thereafter, the Secretary shall submit to the
appropriate committees of the Congress a report concerning
coordination efforts under this title at the Federal, State,
and local levels, including a statement of whether and to
what extent there exist Federal barriers to integrating HIV-
related programs.''.
(d) Early Intervention Services.--
(1) Establishment of program.--Section 2651(b) (42 U.S.C.
300ff-51(b)) is amended--
(A) in paragraph (1), by inserting before the period the
following: ``, and unless the applicant agrees to expend not
less than 50 percent of the grant for such services that are
specified in subparagraphs (B) through (E) of such paragraph
for individuals with HIV disease''; and
(B) in paragraph (4)--
(i) by striking ``The Secretary'' and inserting ``(A) In
general.--The Secretary'';
(ii) by inserting ``, or private for-profit entities if
such entities are the only available provider of quality HIV
care in the area,'' after ``nonprofit private entities'';
(iii) by realigning the margin of subparagraph (A) so as to
align with the margin of paragraph (3)(A); and
(iv) by adding at the end thereof the following new
subparagraph:
``(B) Other requirements.--Grantees described in--
``(i) paragraphs (1), (2), (5), and (6) of section 2652(a)
shall use not less than 50 percent of the amount of such a
grant to provide the services described in subparagraphs (A),
(B), (D), and (E) of section 2651(b)(2) directly and on-site
or at sites where other primary care services are rendered;
and
``(ii) paragraphs (3) and (4) of section 2652(a) shall
ensure the availability of early intervention services
through a system of linkages to community-based primary care
providers, and to establish mechanisms for the referrals
described in section 2651(b)(2)(C), and for follow-up
concerning such referrals.''.
(2) Minimum qualifications.--Section 2652(b)(1)(B) (42
U.S.C. 300ff-52(b)(1)(B)) is amended by inserting ``, or a
private for-profit entity if such entity is the only
available provider of quality HIV care in the area,'' after
``nonprofit private entity''.
(3) Miscellaneous provisions.--Section 2654 (42 U.S.C.
300ff-54) is amended by adding at the end thereof the
following new subsection:
``(c) Planning and Development Grants.--
``(1) In general.--The Secretary may provide planning
grants, in an amount not to exceed $50,000 for each such
grant, to public and nonprofit private entities for the
purpose of enabling such entities to provide HIV early
intervention services.
``(2) Requirement.--The Secretary may only award a grant to
an entity under paragraph (1) if the Secretary determines
that the entity will use such grant to assist the entity in
qualifying for a grant under section 2651.
``(3) Preference.--In awarding grants under paragraph (1),
the Secretary shall give preference to entities that provide
primary care services in rural or underserved communities.
``(4) Limitation.--Not to exceed 1 percent of the amount
appropriated for a fiscal year under section 2655 may be used
to carry out this section.''.
(4) Authorization of appropriations.--Section 2655 (42
U.S.C. 300ff-55) is amended by striking ``$75,000,000'' and
all that follows through the end of the section, and
inserting ``such sums as may be necessary in each of the
fiscal years 1996, 1997, 1998, 1999, and 2000.''.
(5) Required agreements.--Section 2664(g) (42 U.S.C. 300ff-
64(g)) is amended--
(A) in paragraph (2), by striking ``and'' at the end
thereof;
(B) in paragraph (3)--
(i) by striking ``5 percent'' and inserting ``7.5 percent
including planning and evaluation''; and
(ii) by striking the period and inserting ``; and''; and
(C) by adding at the end thereof the following new
paragraph:
``(4) the applicant will submit evidence that the proposed
program is consistent with the Statewide coordinated
statement of need and agree to participate in the ongoing
revision of such statement of need.''.
(e) Demonstration Grants for Research and Services for
Pediatric Patients.--Section 2671 (42 U.S.C. 300f-71) is
amended to read as follows:
``SEC. 2671. GRANTS FOR COORDINATED SERVICES AND ACCESS TO
RESEARCH FOR WOMEN, INFANTS, CHILDREN, AND
YOUTH.
``(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with the Director of the
National Institutes of Health, shall make grants to public
and nonprofit private entities that provide primary care
(directly or through contracts) for the following purposes:
``(1) Providing through such entities, in accordance with
this section, opportunities for
[[Page 1009]]
women, infants, children, and youth to be voluntary
participants in research of potential clinical benefit to
individuals with HIV disease.
``(2) In the case of women, infants, children, and youth
with HIV disease, and the families of such individuals,
providing to such individuals--
``(A) health care on an outpatient basis; and
``(B) additional services in accordance with subsection
(d).
``(b) Provisions Regarding Participation in Research.--
``(1) In general.--With respect to the projects of research
with which an applicant under subsection (a) is concerned,
the Secretary may make a grant under such subsection to the
applicant only if the following conditions are met:
``(A) The applicant agrees to make reasonable efforts--
``(i) to identify which of the patients of the applicant
are women, infants, children, and youth who would be
appropriate participants in the projects;
``(ii) to carry out clause (i) through the use of criteria
provided for such purpose by the entities that will be
conducting the projects of research; and
``(iii) to offer women, infants, children, and youth the
opportunity to participate in the projects (as appropriate),
including the provision of services under subsection (d)(3).
``(B) The applicant agrees that, in the case of the
research-related functions to be carried out by the applicant
pursuant to subsection (a)(1), the applicant will comply with
accepted standards that are applicable to such functions
(including accepted standards regarding informed consent and
other protections for human subjects).
``(C) For the first and second fiscal years for which
grants under subsection (a) are to be made to the applicant,
the applicant agrees that, not later than the end of the
second fiscal year of receiving such a grant, a significant
number of women, infants, children, and youth who are
patients of the applicant will be participating in the
projects of research.
``(D) Except as provided in paragraph (3) (and paragraph
(4), as applicable), for the third and subsequent fiscal
years for which such grants are to be made to the applicant,
the Secretary has determined that a significant number of
such individuals are participating in the projects.
``(2) Prohibition.--Receipt of services by a patient shall
not be conditioned upon the consent of the patient to
participate in research.
``(3) Significant participation; consideration by secretary
of certain circumstances.--In administering the requirement
of paragraph (1)(D), the Secretary shall take into account
circumstances in which a grantee under subsection (a) is
temporarily unable to comply with the requirement for reasons
beyond the control of the grantee, and shall in such
circumstances provide to the grantee a reasonable period of
opportunity in which to reestablish compliance with the
requirement.
``(4) Significant participation; temporary waiver for
original grantees.--
``(A) In general.--In the case of an applicant under
subsection (a) who received a grant under such subsection for
fiscal year 1995, the Secretary may, subject to subparagraph
(B), provide to the applicant a waiver of the requirement of
paragraph (1)(D) if the Secretary determines that the
applicant is making reasonable progress toward meeting the
requirement.
``(B) Termination of authority for waivers.--The Secretary
may not provide any waiver under subparagraph (A) on or after
October 1, 1998. Any such waiver provided prior to such date
terminates on such date, or on such earlier date as the
Secretary may specify.
``(c) Provisions Regarding Conduct of Research.--
``(1) In general.--With respect to eligibility for a grant
under subsection (a):
``(A) A project of research for which subjects are sought
pursuant to such subsection may be conducted by the applicant
for the grant, or by an entity with which the applicant has
made arrangements for purposes of the grant. The grant may
not be expended for the conduct of any project of research,
except for such research-related functions as are appropriate
for providing opportunities under subsection (a)(1)
(including the functions specified in subsection (b)(1)).
``(B) The grant may be made only if the Secretary makes the
following determinations:
``(i) The applicant or other entity (as the case may be
under subparagraph (A)) is appropriately qualified to conduct
the project of research. An entity shall be considered to be
so qualified if any research protocol of the entity has been
recommended for funding under this Act pursuant to technical
and scientific peer review through the National Institutes of
Health.
``(ii) The project of research is being conducted in
accordance with a research protocol to which the Secretary
gives priority regarding the prevention or treatment of HIV
disease in women, infants, children, or youth, subject to
paragraph (2).
``(2) List of research protocols.--
``(A) In general.--From among the research protocols
described in paragraph (1)(B)(ii), the Secretary shall
establish a list of research protocols that are appropriate
for purposes of subsection (a)(1). Such list shall be
established only after consultation with public and private
entities that conduct such research, and with providers of
services under subsection (a) and recipients of such
services.
``(B) Discretion of secretary.--The Secretary may authorize
the use, for purposes of subsection (a)(1), of a research
protocol that is not included on the list under subparagraph
(A). The Secretary may waive the requirement specified in
paragraph (1)(B)(ii) in such circumstances as the Secretary
determines to be appropriate.
``(d) Additional Services for Patients and Families.--A
grant under subsection (a) may be made only if the applicant
for the grant agrees as follows:
``(1) The applicant will provide for the case management of
the patient involved and the family of the patient.
``(2) The applicant will provide for the patient and the
family of the patient--
``(A) referrals for inpatient hospital services, treatment
for substance abuse, and mental health services; and
``(B) referrals for other social and support services, as
appropriate.
``(3) The applicant will provide the patient and the family
of the patient with such transportation, child care, and
other incidental services as may be necessary to enable the
patient and the family to participate in the program
established by the applicant pursuant to such subsection.
``(e) Coordination With Other Entities.--A grant under
subsection (a) may be made only if the applicant for the
grant agrees as follows:
``(1) The applicant will coordinate activities under the
grant with other providers of health care services under this
Act, and under title V of the Social Security Act.
``(2) The applicant will participate in the statewide
coordinated statement of need under part B (where it has been
initiated by the public health agency responsible for
administering grants under part B) and in revisions of such
statement.
``(f) Application.--A grant under subsection (a) may be
made only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in
such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this section.
``(g) Coordination With National Institutes of Health.--The
Secretary shall develop and implement a plan that provides
for the coordination of the activities of the National
Institutes of Health with the activities carried out under
this section. In carrying out the preceding sentence, the
Secretary shall ensure that projects of research conducted or
supported by such Institutes are made aware of applicants and
grantees under subsection (a), shall require that the
projects, as appropriate, enter into arrangements for
purposes of such subsection, and shall require that each
project entering into such an arrangement inform the
applicant or grantee under such subsection of the needs of
the project for the participation of women, infants,
children, and youth.
``(h) Annual Review of Programs; Evaluations.--
``(1) Review regarding access to and participation in
programs.--With respect to a grant under subsection (a) for
an entity for a fiscal year, the Secretary shall, not later
than 180 days after the end of the fiscal year, provide for
the conduct and completion of a review of the operation
during the year of the program carried out under such
subsection by the entity. The purpose of such review shall be
the development of recommendations, as appropriate, for
improvements in the following:
``(A) Procedures used by the entity to allocate
opportunities and services under subsection (a) among
patients of the entity who are women, infants, children, or
youth.
``(B) Other procedures or policies of the entity regarding
the participation of such individuals in such program.
``(2) Evaluations.--The Secretary shall, directly or
through contracts with public and private entities, provide
for evaluations of programs carried out pursuant to
subsection (a).
``(i) Training and Technical Assistance.--Of the amounts
appropriated under subsection (j) for a fiscal year, the
Secretary may use not more than five percent to provide,
directly or through contracts with public and private
entities (which may include grantees under subsection (a)),
training and technical assistance to assist applicants and
grantees under subsection (a) in complying with the
requirements of this section.
``(j) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1996 through 2000.''.
(f) Evaluations and Reports.--Section 2674 (42 U.S.C.
300ff-74) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``not later than 1 year'' and all that follows through
``title,'' and inserting the following: ``not later than
October 1, 1996,'';
(B) by striking paragraphs (1) through (3) and inserting
the following paragraph:
``(1) evaluating the programs carried out under this title;
and''; and
(C) by redesignating paragraph (4) as paragraph (2); and
(2) by adding at the end the following subsection:
``(d) Allocation of Funds.--The Secretary shall carry out
this section with amounts available under section 241. Such
amounts are in addition to any other amounts that
[[Page 1010]]
are available to the Secretary for such purpose.''.
(g) Demonstration and Training.--
(1) In general.--Title XXVI is amended by adding at the
end, the following new part:
``PART F--DEMONSTRATION AND TRAINING
``Subpart I--Special Projects of National Significance
``SEC. 2691. SPECIAL PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) In General.--Of the amount appropriated under each of
parts A, B, C, and D of this title for each fiscal year, the
Secretary shall use the greater of $20,000,000 or 3 percent
of such amount appropriated under each such part, but not to
exceed $25,000,000, to administer a special projects of
national significance program to award direct grants to
public and nonprofit private entities including community-
based organizations to fund special programs for the care and
treatment of individuals with HIV disease.
``(b) Grants.--The Secretary shall award grants under
subsection (a) based on--
``(1) the need to assess the effectiveness of a particular
model for the care and treatment of individuals with HIV
disease;
``(2) the innovative nature of the proposed activity; and
``(3) the potential replicability of the proposed activity
in other similar localities or nationally.
``(c) Special Projects.--Special projects of national
significance shall include the development and assessment of
innovative service delivery models that are designed to--
``(1) address the needs of special populations;
``(2) assist in the development of essential community-
based service delivery infrastructure; and
``(3) ensure the ongoing availability of services for
Native American communities to enable such communities to
care for Native Americans with HIV disease.
``(d) Special Populations.--Special projects of national
significance may include the delivery of HIV health care and
support services to traditionally underserved populations
including--
``(1) individuals and families with HIV disease living in
rural communities;
``(2) adolescents with HIV disease;
``(3) Indian individuals and families with HIV disease;
``(4) homeless individuals and families with HIV disease;
``(5) hemophiliacs with HIV disease; and
``(6) incarcerated individuals with HIV disease.
``(e) Service Development Grants.--Special projects of
national significance may include the development of model
approaches to delivering HIV care and support services
including--
``(1) programs that support family-based care networks and
programs that build organizational capacity critical to the
delivery of care in minority communities;
``(2) programs designed to prepare AIDS service
organizations and grantees under this title for operation
within the changing health care environment; and
``(3) programs designed to integrate the delivery of mental
health and substance abuse treatment with HIV services.
``(f) Coordination.--The Secretary may not make a grant
under this section unless the applicant submits evidence that
the proposed program is consistent with the Statewide
coordinated statement of need, and the applicant agrees to
participate in the ongoing revision process of such statement
of need.
``(g) Replication.--The Secretary shall make information
concerning successful models developed under this part
available to grantees under this title for the purpose of
coordination, replication, and integration. To facilitate
efforts under this subsection, the Secretary may provide for
peer-based technical assistance from grantees funded under
this part.''.
(2) Repeal.--Subsection (a) of section 2618 (42 U.S.C.
300ff-28(a)) is repealed.
(h) HIV/AIDS Communities, Schools, Centers.--
(1) New part.--Part F of title XXVI (as added by subsection
(e)) is further amended by adding at the end, the following
new subpart:
``Subpart II--AIDS Education and Training Centers
``SEC. 2692. HIV/AIDS COMMUNITIES, SCHOOLS, AND CENTERS.''.
(2) Amendments.--Section 776 (42 U.S.C. 294n) is amended--
(A) by striking the section heading; and
(B) in subsection (a)(1)--
(i) by striking subparagraphs (B) and (C);
(ii) by redesignating subparagraphs (A) and (D) as
subparagraphs (B) and (C), respectively;
(iii) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) training health personnel, including practitioners in
title XXVI programs and other community providers, in the
diagnosis, treatment, and prevention of HIV infection and
disease, including the prevention of the perinatal
transmission of the disease and including measures for the
prevention and treatment of opportunistic infections;''; and
(iv) in subparagraph (B) (as so redesignated) by adding
``and'' after the semicolon.
(3) Transfer.--Section 776 (42 U.S.C. 294n) (as amended by
paragraph (2)) is amended by transferring such section to
section 2692 (as added by paragraph (1)).
(4) Authorization of appropriations.--Section 2692 (as
added by paragraph (1)) is amended by adding at the end
thereof the following new subsection:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for each of the fiscal years 1996
through 2000.''.
SEC. 4. AMOUNT OF EMERGENCY RELIEF GRANTS.
Paragraph (3) of section 2603(a) (42 U.S.C. 300ff-13(a)(3))
is amended to read as follows:
``(3) Amount of grant.--
``(A) In general.--Subject to the extent of amounts made
available in appropriations Acts, a grant made for purposes
of this paragraph to an eligible area shall be made in an
amount equal to the product of--
``(i) an amount equal to the amount available for
distribution under paragraph (2) for the fiscal year
involved; and
``(ii) the percentage constituted by the ratio of the
distribution factor for the eligible area to the sum of the
respective distribution factors for all eligible areas.
``(B) Distribution factor.--For purposes of subparagraph
(A)(ii), the term `distribution factor' means an amount equal
to the estimated number of living cases of acquired immune
deficiency syndrome in the eligible area involved, as
determined under subparagraph (C).
``(C) Estimate of living cases.--The amount determined in
this subparagraph is an amount equal to the product of--
``(i) the number of cases of acquired immune deficiency
syndrome in the eligible area during each year in the most
recent 120-month period for which data are available with
respect to all eligible areas, as indicated by the number of
such cases reported to and confirmed by the Director of the
Centers for Disease Control and Prevention for each year
during such period; and
``(ii) with respect to--
``(I) the first year during such period, .06;
``(II) the second year during such period, .06;
``(III) the third year during such period, .08;
``(IV) the fourth year during such period, .10;
``(V) the fifth year during such period, .16;
``(VI) the sixth year during such period, .16;
``(VII) the seventh year during such period, .24;
``(VIII) the eighth year during such period, .40;
``(IX) the ninth year during such period, .57; and
``(X) the tenth year during such period, .88.
The yearly percentage described in subparagraph (ii) shall be
updated biennially by the Secretary, after consultation with
the Centers for Disease Control and Prevention. The first
such update shall occur prior to the determination of grant
awards under this part for fiscal year 1998.
``(D) Unexpended funds.--The Secretary may, in determining
the amount of a grant for a fiscal year under this paragraph,
adjust the grant amount to reflect the amount of unexpended
and uncanceled grant funds remaining at the end of the fiscal
year preceding the year for which the grant determination is
to be made. The amount of any such unexpended funds shall be
determined using the financial status report of the
grantee.''.
SEC. 5. AMOUNT OF CARE GRANTS.
Paragraphs (1) and (2) of section 2618(b) (42 U.S.C. 300ff-
28(b)(1) and (2)) are amended to read as follows:
``(1) Minimum allotment.--Subject to the extent of amounts
made available under section 2677, the amount of a grant to
be made under this part for--
``(A) each of the several States and the District of
Columbia for a fiscal year shall be the greater of--
``(i)(I) with respect to a State or District that has less
than 90 living cases of acquired immune deficiency syndrome,
as determined under paragraph (2)(D), $100,000; or
``(i)(I) with respect to a State or District that has 90 or
more living cases of acquired immune deficiency syndrome, as
determined under paragraph (2)(D), $250,000;
``(ii) an amount determined under paragraph (2); and
``(B) each territory of the United States, as defined in
paragraph (3), shall be an amount determined under paragraph
(2).
``(2) Determination.--
``(A) Formula.--The amount referred to in paragraph
(1)(A)(ii) for a State and paragraph (1)(B) for a territory
of the United States shall be the product of--
``(i) an amount equal to the amount appropriated under
section 2677 for the fiscal year involved for grants under
part B, subject to subparagraph (H); and
``(ii) the percentage constituted by the sum of--
``(I) the product of .80 and the ratio of the State
distribution factor for the State or territory (as determined
under subsection (B)) to the sum of the respective State
distribution factors for all States or territories; and
``(II) the product of .20 and the ratio of the non-EMA
distribution factor for the State or territory (as determined
under subparagraph (C)) to the sum of the respective
distribution factors for all States or territories.
``(B) State distribution factor.--For purposes of
subparagraph (A)(ii)(I), the term `State distribution factor'
means an amount equal to the estimated number of living cases
of acquired immune deficiency syndrome in the eligible area
involved, as determined under subparagraph (D).
[[Page 1011]]
``(C) Non-ema distribution factor.--For purposes of
subparagraph (A)(ii)(II), the term `non-ema distribution
factor' means an amount equal to the sum of--
``(i) the estimated number of living cases of acquired
immune deficiency syndrome in the State or territory
involved, as determined under subparagraph (D); less
``(ii) the estimated number of living cases of acquired
immune deficiency syndrome in such State or territory that
are within an eligible area (as determined under part A).
``(D) Estimate of living cases.--The amount determined in
this subparagraph is an amount equal to the product of--
``(i) the number of cases of acquired immune deficiency
syndrome in the State or territory during each year in the
most recent 120-month period for which data are available
with respect to all States and territories, as indicated by
the number of such cases reported to and confirmed by the
Director of the Centers for Disease Control and Prevention
for each year during such period; and
``(ii) with respect to each of the first through the tenth
year during such period, the amount referred to in
2603(a)(3)(C)(ii).
``(E) Puerto rico, virgin islands, guam.--For purposes of
subparagraph (D), the cost index for Puerto Rico, the Virgin
Islands, and Guam shall be 1.0.''.
``(F) Unexpended funds.--The Secretary may, in determining
the amount of a grant for a fiscal year under this
subsection, adjust the grant amount to reflect the amount of
unexpended and uncanceled grant funds remaining at the end of
the fiscal year preceding the year for which the grant
determination is to be made. The amount of any such
unexpended funds shall be determined using the financial
status report of the grantee.
``(G) Limitation.--
``(i) In general.--The Secretary shall ensure that the
amount of a grant awarded to a State or territory for a
fiscal year under this part is equal to not less than--
``(I) with respect to fiscal year 1996, 100 percent;
``(II) with respect to fiscal year 1997, 99 percent;
``(III) with respect to fiscal year 1998, 98 percent;
``(IV) with respect to fiscal year 1999, 96.5 percent; and
``(V) with respect to fiscal year 2000, 95 percent;
of the amount such State or territory received for fiscal
year 1995 under this part. In administering this
subparagraph, the Secretary shall, with respect to States
that will receive grants in amounts that exceed the amounts
that such States received under this part in fiscal year
1995, proportionally reduce such amounts to ensure compliance
with this subparagraph. In making such reductions, the
Secretary shall ensure that no such State receives less than
that State received for fiscal year 1995.
``(ii) Ratable reduction.--If the amount appropriated under
section 2677 and available for allocation under this part is
less than the amount appropriated and available under this
part for fiscal year 1995, the limitation contained in clause
(i) shall be reduced by a percentage equal to the percentage
of the reduction in such amounts appropriated and available.
``(H) Appropriations for treatment drug program.--With
respect to the fiscal year involved, if under section 2677 an
appropriations Act provides an amount exclusively for
carrying out section 2616, the portion of such amount
allocated to a State shall be the product of--
``(i) 100 percent of such amount; and
``(ii) the percentage constituted by the ratio of the State
distribution factor for the State (as determined under
subparagraph (B)) to the sum of the State distribution
factors for all States.''.
SEC. 6. CONSOLIDATION OF AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--Part D of title XXVI (42 U.S.C. 300ff-71)
is amended by adding at the end thereof the following new
section:
``SEC. 2677. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--Subject to subsection (b), there are
authorized to be appropriated to make grants under parts A
and B, such sums as may be necessary for each of the fiscal
years 1996 through 2000.
``(b) Development of Methodology.--
``(1) In general.--With respect to each of the fiscal years
1997 through 2000, the Secretary shall develop and implement
a methodology for adjusting the percentages allocated to part
A and part B to account for grants to new eligible areas
under part A and other relevant factors. Not later than July
1, 1996, the Secretary shall prepare and submit to the
appropriate committees of Congress a report regarding the
findings with respect to the methodology developed under this
paragraph.
``(2) Failure to implement.--If the Secretary determines
that such a methodology under paragraph (1) cannot be
developed, there are authorized to be appropriated--
``(A) such sums as may be necessary to carry out part A for
each of the fiscal years 1997 through 2000; and
``(B) such sums as may be necessary to carry out part B for
each of the fiscal years 1997 through 2000.''.
(b) Repeals.--Sections 2608 and 2620 (42 U.S.C. 300ff-18
and 300ff-30) are repealed.
(c) Conforming Amendments.--Title XXVI is amended--
(1) in section 2603 (42 U.S.C. 300ff-13)--
(A) in subsection (a)(2), by striking ``2608'' and
inserting ``2677''; and
(B) in subsection (b)(1), by striking ``2608'' and
inserting ``2677'';
(2) in section 2605(c)(1) (42 U.S.C. 300ff-15(c)(1)) is
amended by striking ``2608'' and inserting ``2677''; and
(3) in section 2618 (42 U.S.C. 300ff-28)--
(A) in subsection (a)(1), is amended by striking ``2620''
and inserting ``2677''; and
(B) in subsection (b)(1), is amended by striking ``2620''
and inserting ``2677''.
SEC. 7. PERINATAL TRANSMISSION OF HIV DISEASE.
(a) Findings.--The Congress finds as follows:
(1) Research studies and Statewide clinical experiences
have demonstrated that administration of anti-retroviral
medication during pregnancy can significantly reduce the
transmission of the human immunodeficiency virus (commonly
known as HIV) from an infected mother to her baby.
(2) The Centers for Disease Control and Prevention have
recommended that all pregnant women receive HIV counseling;
voluntary, confidential HIV testing; and appropriate medical
treatment (including anti-retroviral therapy) and support
services.
(3) The provision of such testing without access to such
counseling, treatment, and services will not improve the
health of the woman or the child.
(4) The provision of such counseling, testing, treatment,
and services can reduce the number of pediatric cases of
acquired immune deficiency syndrome, can improve access to
and provision of medical care for the woman, and can provide
opportunities for counseling to reduce transmission among
adults, and from mother to child.
(5) The provision of such counseling, testing, treatment,
and services can reduce the overall cost of pediatric cases
of acquired immune deficiency syndrome.
(6) The cancellation or limitation of health insurance or
other health coverage on the basis of HIV status should be
impermissible under applicable law. Such cancellation or
limitation could result in disincentives for appropriate
counseling, testing, treatment, and services.
(7) For the reasons specified in paragraphs (1) through
(6)--
(A) routine HIV counseling and voluntary testing of
pregnant women should become the standard of care; and
(B) the relevant medical organizations as well as public
health officials should issue guidelines making such
counseling and testing the standard of care.
(b) Additional Requirements for Grants.--Part B of title
XXVI (42 U.S.C. 300ff-21 et seq.) is amended--
(1) by inserting after the part heading the following:
``Subpart I--General Grant Provisions'';
(2) in section 2611(a), by adding at the end the following
sentence: ``The authority of the Secretary to provide grants
under part B is subject to section 2626(e)(2) (relating to
the decrease in perinatal transmission of HIV disease).'';
and
(3) by adding at the end thereof the following new subpart:
``Subpart II--Provisions Concerning Pregnancy and Perinatal
Transmission of HIV
``SEC. 2625. CDC GUIDELINES FOR PREGNANT WOMEN.
``(a) Requirement.--Notwithstanding any other provision of
law, a State shall, not later than 120 days after the date of
enactment of this subpart, certify to the Secretary that such
State has in effect regulations or measures to adopt the
guidelines issued by the Centers for Disease Control and
Prevention concerning recommendations for human
immunodeficiency virus counseling and voluntary testing for
pregnant women.
``(b) Noncompliance.--If a State does not provide the
certification required under subsection (a) within the 120-
day period described in such subsection, such State shall not
be eligible to receive assistance for HIV counseling and
testing under this section until such certification is
provided.
``(c) Additional Funds Regarding Women and Infants.--
``(1) In general.--If a State provides the certification
required in subsection (a) and is receiving funds under part
B for a fiscal year, the Secretary may (from the amounts
available pursuant to paragraph (2)) make a grant to the
State for the fiscal year for the following purposes:
``(A) Making available to pregnant women appropriate
counseling on HIV disease.
``(B) Making available outreach efforts to pregnant women
at high risk of HIV who are not currently receiving prenatal
care.
``(C) Making available to such women voluntary HIV testing
for such disease.
``(D) Offsetting other State costs associated with the
implementation of this section and subsections (a) and (b) of
section 2626.
``(E) Offsetting State costs associated with the
implementation of mandatory newborn testing in accordance
with this title or at an earlier date than is required by
this title.
``(2) Funding.--For purposes of carrying out this
subsection, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 1996 through 2000.
Amounts made available under section 2677 for carrying out
this part are not available for carrying out this section
unless otherwise authorized.
``(3) Priority.--In awarding grants under this subsection
the Secretary shall give priority to States that have the
greatest proportion of HIV seroprevalance among child bearing
women using the most recent data
[[Page 1012]]
available as determined by the Centers for Disease Control
and Prevention.
``SEC. 2626. PERINATAL TRANSMISSION OF HIV DISEASE;
CONTINGENT REQUIREMENT REGARDING STATE GRANTS
UNDER THIS PART.
``(a) Annual Determination of Reported Cases.--A State
shall annually determine the rate of reported cases of AIDS
as a result of perinatal transmission among residents of the
State.
``(b) Causes of Perinatal Transmission.--In determining the
rate under subsection (a), a State shall also determine the
possible causes of perinatal transmission. Such causes may
include--
``(1) the inadequate provision within the State of prenatal
counseling and testing in accordance with the guidelines
issued by the Centers for Disease Control and Prevention;
``(2) the inadequate provision or utilization within the
State of appropriate therapy or failure of such therapy to
reduce perinatal transmission of HIV, including--
``(A) that therapy is not available, accessible or offered
to mothers; or
``(B) that available therapy is offered but not accepted by
mothers; or
``(3) other factors (which may include the lack of prenatal
care) determined relevant by the State.
``(c) CDC Reporting System.--Not later than 4 months after
the date of enactment of the this subpart, the Director of
the Centers for Disease Control and Prevention shall develop
and implement a system to be used by States to comply with
the requirements of subsections (a) and (b). The Director
shall issue guidelines to ensure that the data collected is
statistically valid.
``(d) Determination by Secretary.--Not later than 180 days
after the expiration of the 18-month period beginning on the
date on which the system is implemented under subsection (c),
the Secretary shall publish in the Federal Register a
determination of whether it has become a routine practice in
the provision of health care in the United States to carry
out each of the activities described in paragraphs (1)
through (5) of section 2627. In making the determination, the
Secretary shall consult with the States and with other public
or private entities that have knowledge or expertise relevant
to the determination.
``(e) Contingent Applicability.--
``(1) In general.--If the determination published in the
Federal Register under subsection (d) is that (for purposes
of such subsection) the activities involved have become
routine practices, paragraph (2) shall apply on and after the
expiration of the 18-month period beginning on the date on
which the determination is so published.
``(2) Requirement.--Subject to subsection (f), the
Secretary shall not make a grant under part B to a State
unless the State meets not less than one of the following
requirements:
``(A) A 50 percent reduction (or a comparable measure for
States with less than 10 cases) in the rate of new cases of
AIDS (recognizing that AIDS is a suboptimal proxy for
tracking HIV in infants and was selected because such data is
universally available) as a result of perinatal transmission
as compared to the rate of such cases reported in 1993 (a
State may use HIV data if such data is available).
``(B) At least 95 percent of women in the State who have
received at least two prenatal visits (consultations) prior
to 34 weeks gestation with a health care provider or provider
group have been tested for the human immunodeficiency virus.
``(C) The State has in effect, in statute or through
regulations, the requirements specified in paragraphs (1)
through (5) of section 2627.
``(f) Limitation Regarding Availability of Funds.--With
respect to an activity described in any of paragraphs (1)
through (5) of section 2627, the requirements established by
a State under this section apply for purposes of this section
only to the extent that the following sources of funds are
available for carrying out the activity:
``(1) Federal funds provided to the State in grants under
part B or under section 2625, or through other Federal
sources under which payments for routine HIV testing,
counseling or treatment are an eligible use.
``(2) Funds that the State or private entities have elected
to provide, including through entering into contracts under
which health benefits are provided. This section does not
require any entity to expend non-Federal funds.
``SEC. 2627. TESTING OF PREGNANT WOMEN AND NEWBORN INFANTS.
``An activity or requirement described in this section is
any of the following:
``(1) In the case of newborn infants who are born in the
State and whose biological mothers have not undergone
prenatal testing for HIV disease, that each such infant
undergo testing for such disease.
``(2) That the results of such testing of a newborn infant
be promptly disclosed in accordance with the following, as
applicable to the infant involved:
``(A) To the biological mother of the infant (without
regard to whether she is the legal guardian of the infant).
``(B) If the State is the legal guardian of the infant:
``(i) To the appropriate official of the State agency with
responsibility for the care of the infant.
``(ii) To the appropriate official of each authorized
agency providing assistance in the placement of the infant.
``(iii) If the authorized agency is giving significant
consideration to approving an individual as a foster parent
of the infant, to the prospective foster parent.
``(iv) If the authorized agency is giving significant
consideration to approving an individual as an adoptive
parent of the infant, to the prospective adoptive parent.
``(C) If neither the biological mother nor the State is the
legal guardian of the infant, to another legal guardian of
the infant.
``(D) To the child's health care provider.
``(3) That, in the case of prenatal testing for HIV disease
that is conducted in the State, the results of such testing
be promptly disclosed to the pregnant woman involved.
``(4) That, in disclosing the test results to an individual
under paragraph (2) or (3), appropriate counseling on the
human immunodeficiency virus be made available to the
individual (except in the case of a disclosure to an official
of a State or an authorized agency).
``(5) With respect to State insurance laws, that such laws
require--
``(A) that, if health insurance is in effect for an
individual, the insurer involved may not (without the consent
of the individual) discontinue the insurance, or alter the
terms of the insurance (except as provided in subparagraph
(C)), solely on the basis that the individual is infected
with HIV disease or solely on the basis that the individual
has been tested for the disease or its manifestation;
``(B) that subparagraph (A) does not apply to an individual
who, in applying for the health insurance involved, knowingly
misrepresented the HIV status of the individual; and
``(C) that subparagraph (A) does not apply to any
reasonable alteration in the terms of health insurance for an
individual with HIV disease that would have been made if the
individual had a serious disease other than HIV disease.
For purposes of this subparagraph, a statute or regulation
shall be deemed to regulate insurance for purposes of this
paragraph only to the extent that such statute or regulation
is treated as regulating insurance for purposes of section
514(b)(2) of the Employee Retirement Income Security Act of
1974.
``SEC. 2628. REPORT BY THE INSTITUTE OF MEDICINE.
``(a) In General.--The Secretary shall request that the
Institute of Medicine of the National Academy of Sciences
conduct an evaluation of the extent to which State efforts
have been effective in reducing the perinatal transmission of
the human immunodeficiency virus, and an analysis of the
existing barriers to the further reduction in such
transmission.
``(b) Report to Congress.--The Secretary shall ensure that,
not later than 2 years after the date of enactment of this
section, the evaluation and analysis described in subsection
(a) is completed and a report summarizing the results of such
evaluation and analysis is prepared by the Institute of
Medicine and submitted to the appropriate committees of
Congress together with the recommendations of the Institute.
``SEC. 2629. STATE HIV TESTING PROGRAMS ESTABLISHED PRIOR TO
OR AFTER ENACTMENT.
``Nothing in this subpart shall be construed to disqualify
a State from receiving grants under this title if such State
has established at any time prior to or after the date of
enactment of this subpart a program of mandatory HIV
testing.''.
SEC. 8. SPOUSAL NOTIFICATION.
(a) In General.--The Secretary of Health and Human Services
shall not make a grant under part B of title XXVI of the
Public Health Service Act (42 U.S.C. 300ff-21 et seq.) to any
State unless such State takes administrative or legislative
action to require that a good faith effort be made to notify
a spouse of a known HIV-infected patient that such spouse may
have been exposed to the human immunodeficiency virus and
should seek testing.
(b) Definitions.--For purposes of this section:
(1) Spouse.--The term ``spouse'' means any individual who
is the marriage partner of an HIV-infected patient, or who
has been the marriage partner of that patient at any time
within the 10-year period prior to the diagnosis of HIV
infection.
(2) HIV-infected patient.--The term ``HIV-infected
patient'' means any individual who has been diagnosed to be
infected with the human immunodeficiency virus.
(3) State.--The term ``State'' means any of the 50 States,
the District of Columbia, or any territory of the United
States.
SEC. 9. OPTIONAL PARTICIPATION OF FEDERAL EMPLOYEES IN AIDS
TRAINING PROGRAMS.
(a) In General.--Notwithstanding any other provision of
law, a Federal employee may not be required to attend or
participate in an AIDS or HIV training program if such
employee refuses to consent to such attendance or
participation, except for training necessary to protect the
health and safety of the Federal employee and the individuals
served by such employees. An employer may not retaliate in
any manner against such an employee because of the refusal of
such employee to consent to such attendance or participation.
(b) Definition.--As used in subsection (a), the term
``Federal employee'' has the same meaning given the term
``employee'' in section 2105 of title 5, United States Code,
and such term shall include members of the armed forces.
[[Page 1013]]
SEC. 10. PROHIBITION ON PROMOTION OF CERTAIN ACTIVITIES.
Part D of title XXVI of the Public Health Service Act (42
U.S.C. 300ff-71) as amended by section 6, is further amended
by adding at the end thereof the following new section:
``SEC. 2678. PROHIBITION ON PROMOTION OF CERTAIN ACTIVITIES.
``None of the funds authorized under this title shall be
used to fund AIDS programs, or to develop materials, designed
to promote or encourage, directly, intravenous drug use or
sexual activity, whether homosexual or heterosexual. Funds
authorized under this title may be used to provide medical
treatment and support services for individuals with HIV.''.
SEC. 11. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of law, the total
amounts of Federal funds expended in any fiscal year for AIDS
and HIV activities may not exceed the total amounts expended
in such fiscal year for activities related to cancer.
SEC. 12. ADDITIONAL PROVISIONS.
(a) Definitions.--Section 2676(4) (42 U.S.C. 300ff-76(4))
is amended by inserting ``funeral-service practitioners,''
after ``emergency medical technicians,''.
(b) Miscellaneous Amendment.--Section 1201(a) (42 U.S.C.
300d(a)) is amended in the matter preceding paragraph (1) by
striking ``The Secretary,'' and all that follows through
``shall,'' and inserting ``The Secretary shall,''.
(c) Technical Corrections.--Title XXVI (42 U.S.C. 300ff-11
et seq.) is amended--
(1) in section 2601(a), by inserting ``section'' before
``2604'';
(2) in section 2603(b)(4)(B), by striking ``an expedited
grants'' and inserting ``an expedited grant'';
(3) in section 2617(b)(3)(B)(iv), by inserting ``section''
before ``2615'';
(4) in section 2647--
(A) in subsection (a)(1), by inserting ``to'' before
``HIV'';
(B) in subsection (c), by striking ``section 2601'' and
inserting ``section 2641''; and
(C) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``section 2601'' and inserting ``section 2641''; and
(ii) in paragraph (1), by striking ``has in place'' and
inserting ``will have in place'';
(5) in section 2648--
(A) by converting the heading for the section to boldface
type; and
(B) by redesignating the second subsection (g) as
subsection (h);
(6) in section 2649--
(A) in subsection (b)(1), by striking ``subsection (a)
of''; and
(B) in subsection (c)(1), by striking ``this subsection''
and inserting ``subsection'';
(7) in section 2651--
(A) in subsection (b)(3)(B), by striking ``facility'' and
inserting ``facilities''; and
(B) in subsection (c), by striking ``exist'' and inserting
``exists'';
(8) in section 2676--
(A) in paragraph (2), by striking ``section'' and all that
follows through ``by the'' and inserting ``section 2686 by
the''; and
(B) in paragraph (10), by striking ``673(a)'' and inserting
``673(2)'';
(9) in part E, by converting the headings for subparts I
and II to Roman typeface; and
(10) in section 2684(b), in the matter preceding paragraph
(1), by striking ``section 2682(d)(2)'' and inserting
``section 2683(d)(2)''.
SEC. 13. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
Act, and the amendments made by this Act, shall become
effective on October 1, 1996.
(b) Exception.--The amendments made by sections 3(a), 5, 6,
and 7 of this Act to sections 2601(c), 2601(d), 2603(a),
2618(b), 2626, 2677, and 2691 of the Public Health Service
Act, shall become effective on the date of enactment of this
Act.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill, and agree to
the same.
Tom Bliley,
Michael Bilirakis,
Tom Coburn,
Henry A. Waxman,
Gerry Studds,
Managers on the Part of the House.
Nancy Landon Kassebaum,
Jim Jeffords,
Bill Frist,
Edward M. Kennedy,
Christopher J. Dodd,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. BILIRAKIS, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. GUNDERSON objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken
by electronic device.
Yeas
402
When there appeared
<3-line {>
Nays
4
para.50.19 [Roll No. 145]
YEAS--402
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--4
Funderburk
Istook
Scarborough
Stump
NOT VOTING--27
Ballenger
Barton
Beilenson
Berman
Bliley
Bonilla
Boucher
Bryant (TX)
Clay
[[Page 1014]]
de la Garza
Dicks
Dingell
Engel
Gibbons
Goss
Hayes
Hobson
Houghton
Kaptur
Livingston
McDade
Miller (FL)
Molinari
Shaw
Torricelli
Weldon (FL)
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.50.20 adjournment over
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns on Thursday, May 2, 1996, it
adjourn to meet on Monday, May 6, 1996, at 2:00 o'clock p.m.
para.50.21 hour of meeting
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns on Monday, May 6, 1996, it
adjourn to meet on Tuesday, May 7, 1996, at 12:30 p.m. for ``morning
hour'' debates.
para.50.22 calendar wednesday business dispensed with
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May 8,
1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.50.23 committee resignation--minority
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, laid before the
House the following communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, April 25, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, The Capitol,
Washington, DC.
Dear Mr. Speaker: I hereby resign from the Committee on the
Budget.
Sincerely,
Harry Johnston.
By unanimous consent, the resignation was accepted.
para.50.24 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2024. An Act to phase out the use of mercury in
batteries and provide for the efficient and cost-effective
collection and recycling or proper disposal of used nickel
cadmium batteries, small sealed lead-acid batteries, and
certain other batteries, and for other purposes.
para.50.25 senate enrolled joint resolutions signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S.J. 53. A joint resolution making corrections to Public
Law 104-134.
para.50.26 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. KAPTUR, for April 30 and balance of the week;
To Mr. MYERS, for today after 12:30 p.m.; and
To Mr. GOSS, for today after 1:00 p.m.
And then,
para.50.27 adjournment
On motion of Mr. RADANOVICH, at 11 o'clock and 16 minutes p.m., the
House adjourned.
para.50.28 oath of office, members, resident commissioner, and
delegates
The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May 13,
1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text of
which is carried in 5 U.S.C. 3331:
``I, AB, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely; without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God.''
Has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Members of the 104th
Congress, pursuant to the provisions of 2 U.S.C. 2b:
Juanita Millender-McDonald, 37th District, California.
Elijah E. Cummings, Seventh District, Maryland.
para.50.29 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 2974. A bill to
amend the Violent Crime Control and Law Enforcement Act of
1994 to provide enhanced penalties for crimes against elderly
and child victims; with an amendment (Rept. No. 104-548).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. McCOLLUM: Committee on the Judiciary. H.R. 3120. A bill
to amend title 18, United States Code, with respect to
witness retaliation, witness tampering and jury tampering;
with an amendment (Rept. No. 104-549). Referred to the
Committee of the Whole House on the State of the Union.
Mr. WALKER: Committee on Science. H.R. 3322. A bill to
authorize appropriations for fiscal year 1997 for civilian
science activities of the Federal Government, and for other
purposes (Rept. No. 104-550 Pt. 1). Ordered to be printed.
para.50.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severalry referred as follow:
By Mr. RAHALL (for himself, Mr. Oberstar, and Mr.
Gibbons):
H.R. 3372. A bill to provide for the recoupment to the
highway trust fund of that portion of Federal motor fuel
taxes being deposited into the general fund; to the Committee
on Ways and Means.
By Mr. EVERETT (for himself, Mr. Evans, Mr. Stump, and
Mr. Montgomery):
H.R. 3373. A bill to amend title 38, United States Code, to
improve certain veterans' benefits programs, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. BENTSEN:
H.R. 3374. A bill to amend title XVIII of the Social
Security Act to provide annual and other opportunities for
individuals enrolled under a Medicare-select policy to change
to a medigap policy without prejudice; to the Committee on
Commerce.
By Mr. ROYCE:
H.R. 3375. A bill to amend the Internal Revenue Code of
1986 to repeal the 1993 increase in motor fuels tax, and for
other purposes; to the Committee on Ways and Means, and in
addition to the Committees on Commerce, National Security,
Government Reform and Oversight, Rules, and Science, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STUMP (for himself, Mr. Montgomery, Mr.
Hutchinson, and Mr. Edwards):
H.R. 3376. A bill to authorize major medical facility
projects and major medical facility leases for the Department
of Veterans Affairs for fiscal year 1997, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. COOLEY (for himself and Mr. DeFazio):
H.R. 3377. A bill to amend the Federal Land Policy and
Management Act of 1976 to provide for determining tort
liability of holders of rights-of-way over Federal lands
under the ordinary rules of negligence and to clarify the
exemption from right-of-way rental fees for certain rural
electric and telephone facilities; to the Committee on
Resources.
By Mr. YOUNG of Alaska:
H.R. 3378. A bill to amend the Indian Health Care
Improvement Act to extend the demonstration program for
direct billing of Medicare, Medicaid, and other third party
payors; to the Committee on Resources, and in addition to the
Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. CONDIT:
H.R. 3379. A bill to amend chapter 11 of title 31, United
States Code, to require that each President's budget
submission to Congress include a detailed plan to achieve a
balanced Federal budget, and for other purposes; to the
Committee on Government Reform and Oversight, and in addition
to the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. DEAL of Georgia:
H.R. 3380. A bill to authorize substitution for drawback
purposes of certain types of fibers and yarns for use in the
manufacture of carpets and rugs; to the Committee on Ways and
Means.
[[Page 1015]]
By Mr. DURBIN:
H.R. 3381. A bill to amend the Internal Revenue Code of
1986 and the Social Security Act to provide tax incentives
for the purchase of long-term care insurance and to establish
consumer protection standards for such insurance; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FRISA:
H.R. 3382. A bill to promote safe streets by preventing the
further sale of illegal assault weapons and large capacity
ammunition feeding devices, and to provide for mandatory
prison terms for possessing, brandishing, or discharging a
firearm during the commission of a Federal crime; to the
Committee on the Judiciary.
By Mr. HOUGHTON (for himself and Mr. Roberts):
H.R. 3383. A bill to amend the Fair Labor Standards Act of
1938 to increase the minimum wage rate under that act and to
implement a new work opportunity tax credit, and for other
purposes; to the Committee on Economic and Educational
Opportunities, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. LaTOURETTE:
H.R. 3384. A bill to amend the Internal Revenue Code of
1986 to provide for the deposit of the general revenue
portion of the motor fuel excise taxes into the highway trust
fund and airport and airway trust fund, and for other
purposes; to the Committee on Ways and Means.
By Mr. McCOLLUM (for himself, Mr. Lazio of New York,
Mrs. Roukema, Mr. Bereuter, Mr. Baker of Louisiana,
Mr. Bentsen, Mr. Hayworth, Mr. Stockman, Mr. Bliley,
Mr. Frelinghuysen, Mr. Goodlatte, Mr. Green of Texas,
Mr. Livingston, Mr. Moran, Mrs. Myrick, Mr. Pickett,
Ms. Pryce, and Mr. Shadegg):
H.R. 3385. A bill to affirm the role of the States in
setting reasonable occupancy standards, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. McDADE:
H.R. 3386. A bill to amend title 28, United States Code, to
require prosecutors in the Department of Justice to be
ethical; to the Committee on the Judiciary.
By Mr. NORWOOD (for himself and Mr. Linder):
H.R. 3387. A bill to designate the Southern Piedmont
Conservation Research Center located at 1420 Experimental
Station Road in Watkinsville, GA, as the ``J. Phil Campbell,
Senior Natural Resource Conservation Center''; to the
Committee on Resources.
By Mr. FRANKS of New Jersey:
H.J. Res. 178. Joint resolution disapproving Orders Nos.
888 and 889 of the Federal Energy Regulatory Commission; to
the Committee on Commerce.
By Mr. SHAYS (for himself, Mr. McCrery, Mr. Hayes, Mr.
Upton, Mr. Herger, Mr. Doolittle, Mr. Gutknecht, Mr.
Neumann, Mr. Smith of Michigan, Mr. Blute, Mrs.
Myrick, Mr. Hoke, Mr. Bachus, Mr. Stockman, Mr. Mica,
Mr. McIntosh, Mr. Thornberry, Mr. Houghton, Mrs.
Kelly, Ms. Dunn of Washington, Mr. Canady, Mr. Sam
Johnson, Mr. Parker, Mr. Kolbe, Mr. Riggs, Mr. Wolf,
Mr. Hobson, Mr. Fox, Mr. Lazio of New York, Mr. Klug,
Mr. Walker, Mr. Dickey, Mr. Souder, Mr. Tate, Mr.
Davis, Mr. Nussle, Mrs. Morella, Mr. Forbes, Mr.
Frisa, Mr. Brownback, Mr. Taylor of North Carolina,
Mr. Linder, Mrs. Cubin, Mr. Coble, Mr. Stearns, Mrs.
Roukema, Mr. Boehlert, Mr. Smith of New Jersey, Mr.
Flanagan, Mr. Hastings of Washington, Mr. LoBiondo,
Mr. Horn, Mr. Martini, Mr. Quinn, Mr. English of
Pennsylvania, Mrs. Johnson of Connecticut, Mr.
Goodling, Mr. Porter, Mr. Graham, Mr. Gilchrest, Mr.
Camp, Mr. Cunningham, Mr. Saxton, Mr. Lewis of
Kentucky, Mr. Ganske, Mr. Goodlatte, Mr. Diaz-Balart,
Ms. Greene of Utah, Mr. Lucas, Mr. Shadegg, Mr.
Longley, Mr. Bartlett of Maryland, Mr. Zeliff, Mr.
Gilman, and Mr. Ney):--
H. Con. Res. 169. Concurrent resolution expressing the
sense of the Congress that the 1996 annual report of the
Board of Trustees of the Federal hospital insurance trust
fund be submitted without further delay; to the Committee on
Ways and Means.
By Mr. JACOBS (for himself and Mr. Conyers):--
H. Res. 420. Resolution recognizing and commending Viola
Liuzzo for her extraordinary courage and for her contribution
to the Nation; to the Committee on the Judiciary.
para.50.31 memorials
Under clause 4 of rule XXII, 218. The SPEAKER presented a memorial of
the Senate of the State of Louisiana, relative to the transfer of
certain portions of the lands of the Kisatchie National Forest to the
Fort Polk military base; jointly, to the Committees on Agriculture and
National Security.
para.50.32 private bills and resolutions
Under clause 1 of rule XXII,
Mr. GEJDENSON introduced a bill (H.R. 3388) to authorize
the Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Hoptoad; which was
referred to the Committee on Transportation and
Infrastructure.
para.50.33 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SMITH of Texas: Committee on the Judiciary. H.R. 1009.
A bill for the relief of Lloyd B. Gamble (Rept. No. 104-546).
Referred to the Committee of the Whole House.
Mr. SMITH of Texas: Committee on the Judiciary. H.R. 2765.
A bill for the relief of Rocco A. Trecosta (Rept. No. 104-
547). Referred to the Committee of the Whole House.
para.50.34 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 835: Mr. Fields of Louisiana, Mr. Jackson, and Miss
Collins of Michigan.
H.R. 1325: Mr. Payne of Virginia and Mr. Frazer.
H.R. 1462: Mr. Mascara, Mrs. Kelly, Mr. Condit, Mr.
Chapman, and Ms. Rivers.
H.R. 1483: Mr. Montgomery.
H.R. 1540: Mr. Souder.
H.R. 1541: Mr. Frisa.
H.R. 1708: Mr. Manzullo, Mr. Franks of Connecticut, Mr.
Cooley, Mr. Stearns, and Mr. LaHood.
H.R. 1713: Mr. Green of Texas.
H.R. 1889: Mr. Linder.
H.R. 1892: Mr. Calvert and Mr. Rohrabacher.
H.R. 2200: Mr. Allard and Mr. Clement.
H.R. 2244: Mrs. Vucanovich.
H.R. 2338: Mr. Frazer.
H.R. 2400: Mr. Gilman, Mr. Traficant, and Mr. Kennedy of
Rhode Island.
H.R. 2508: Mr. Bachus and Ms. Dunn of Washington.
H.R. 2579: Mr. Schaefer and Mr. Blute.
H.R. 2748: Mr. Nadler.
H.R. 2807: Mr. McNulty, Mrs. Myrick, Mr. Clement, Mrs.
Lowey, and Mr. Manzullo.
H.R. 2891: Mr. Oberstar and Mr. Sabo.
H.R. 2925: Mr. Holden, Mr. Tate, Mr. Baldacci, Mrs. Kelly,
and Mr. Hayworth.
H.R. 2974: Mr. Hastert and Mr. Solomon.
H.R. 3059: Mr. Poshard, Mr. Torres, Mrs. Lowey, Mr.
Baldacci, and Mr. Sanders.
H.R. 3067: Ms. Woolsey, Mr. Matsui, Mr. Filner, and Mr.
Cunningham.
H.R. 3077: Mr. Frost, Mr. Hamilton, Mrs. Kelly, Mr.
Hastings of Florida, Mr. Payne of Virginia, Mr. Matsui, Mr.
Petri, and Ms. Lofgren.
H.R. 3083: Mr. Ehlers.
H.R. 3107: Mr. Lantos, Mr. Torricelli, Mr. Royce, Mr.
English of Pennsylvania, Mr. Zimmer, Mr. Filner, Mr. Fox, Mr.
Bunn of Oregon, Mr. Barcia of Michigan, Mr. Diaz-Balart, Mr.
Meehan, Mr. Ehrlich, Mr. Cunningham, Miss Collins of
Michigan, Mr. Lipinski, Mr. Engel, Mr. Frank of
Massachusetts, Mr. Sanford, Mr. Funderburk, Ms. Pryce, Mr.
Kasich, Mrs. Meek of Florida, Mr. McCollum, Mr. Traficant,
Mr. Knollenberg, Mr. Stark, Mr. Porter, Mr. Paxon, Mr.
Deutsch, Mr. Smith of New Jersey, Mr. Frazer, Mr. Metcalf,
Mr. Evans, Mr. Bryant of Texas, Mr. Saxton, Mr. Houghton, Mr.
Durbin, Ms. Kaptur, Mr. Souder, Mr. McHugh, Ms. Roybal-
Allard, Mr. Markey, Mr. Oberstar, Mrs. Thurman, Mr. Sisisky,
Ms. Lofgren, Mr. LoBiondo, Mrs. Lowey, Mr. Shays, Mr.
LaTourette, Mr. Cardin, Mr. Kleczka, Mr. Foley, Mr. Yates,
Mr. Ackerman, Mr. Torres, Mr. Coyne, Mr. Towns, Mr. Cooley,
Ms. Pelosi, Mr. DeFazio, Mr. Matsui, Mr. Kennedy of Rhode
Island, Mr. Klug, Mr. Calvert, Mr. Blute, Mr. Radanovich, Mr.
Ensign, Mr. Horn, Mr. Roemer, Mr. Hall of Ohio, Mrs. Cubin,
Ms. Ros-Lehtinen, and Mr. White.
H.R. 3149: Mr. Neal of Massachusetts.
H.R. 3161: Ms. Eddie Bernice Johnson of Texas.
H.R. 3167: Mr. Klink.
H.R. 3170: Mr. Saxton and Mr. Flake.
H.R. 3173: Mr. Hyde and Mr. Borski.
H.R. 3178: Mr. Sanders, Mr. Serrano, Mr. Dellums, Mr. Fox,
Mr. DeFazio and Mr. Hastings of Florida.
H.R. 3180: Mr. Bryant of Texas, Mr. Montgomery, and Mr.
Pete Geren of Texas.
H.R. 3200: Mr. Pete Geren of Texas, Mr. Thornton, Mr.
Peterson of Minnesota, Mrs. Kelly, Mr. Moorhead, Mr. Myers of
Indiana, Mr. Rohrabacher, Mr. Largent, Mr. Coble, Mr. Jones,
Mr. Taylor of North Carolina, Mr. Ballenger, Mr. Kolbe, Mr.
Thornberry, Mr. Bliley, Mr. Crapo, Mr. Boehner, Mr. Franks of
Connecticut, Mr. White, Mr. Watts of Oklahoma, Mr. Gillmor,
Mr. Torkildsen, Mr. Zimmer, Mr. Rose, Mr. DeLay, Mr. Solomon,
Mrs. Vucanovich, Mr. Combest, Mr. Kingston, Mr. Gutknecht,
Mr. Wicker, Mr. Inglis of South Carolina, Mr. Hostettler, Mr.
Chambliss, Mr. Stenholm, Mr. Gallegly, Mr. Weldon of
Pennsylvania, Mr. Walker, Mr. Gekas, Mr. Goodling, Mr. Deal
of Georgia, Mr. Chrysler, Mr. Miller of Florida, Mr. Stump,
Mrs. Myrick, Mr. Hastings of Washington, Mr. Hoekstra, Mrs.
Seastrand, and Mr. Canady.
H.R. 3246: Mr. Luther.
H.R. 3247: Mr. Engel, Mrs. Kennelly, Ms. Rivers, Mr. Watt
of North Carolina, Mr.
[[Page 1016]]
Owens, Mr. Spratt, Mr. Dellums, Mrs. Schroeder, Ms. Brown of
Florida, Mr. Bishop, Mrs. Collins of Illinois, Miss. Collins
of Michigan, Mr. Fields of Louisiana, Mr. Hastings of
Florida, Mr. Jackson, Mr. Lewis of Georgia, Ms. Millender-
McDonald, Mr. Payne of New Jersey, Mr. Rangel, Mr. Rush, Mr.
Scott, Ms. Waters, and Mr. Wynn.
H.R. 3265: Mr. Barrett of Wisconsin and Mr. Klink.
H.R. 3267: Ms. Woolsey, Mr. Cramer, and Mr. LaHood.
H.R. 3286: Mr. Traficant, Mr. Smith of New Jersey, Mr.
McCollum, Mr. Klink, and Mr. Fawell.
H.R. 3300: Mr. Emerson, Mr. Cooley, Mr. Parker, Mr. Coburn,
Mr. Lewis of Kentucky, Mr. Canady, and Mr. Stockman.
H.R. 3346: Mr. Gibbons.
H. Con. Res. 10: Mr. Stearns, Mr. Frost, Mr. Pomeroy, Mr.
Shuster, Ms. Harman, and Mr. Knollenberg.
H. Con. Res. 51: Mr. Shadegg.
H. Con. Res. 165: Mr. Clinger, Mr. Frank of Massachusetts,
Mr. Cunningham, Mr. Neal of Massachusetts, Mr. Lantos, and
Mr. Andrews.
H. Res. 381: Mr. Lantos and Mr. Wolf.
para.50.35 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2796: Mr. Gordon.
.
THURSDAY, MAY 2, 1996 (51)
para.51.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. UPTON,
who laid before the House the following communication:
Washington, DC,
May 2, 1996.
I hereby designate the Honorable Fred Upton to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.51.2 approval of the journal
The SPEAKER pro tempore, Mr. UPTON, announced he had examined and
approved the Journal of the proceedings of Wednesday, May 1, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.51.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2741. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sheep and Wool Promotion, Research, Education, and
Information Order [Order] (Docket No. LS-94-015) received May
2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
2742. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Standards for Grade of Slaughter Cattle and Standards for
Grades of Carcass Beef (Docket No. LS-94-009) received May 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2743. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Nectarines and Peaches Grown in California; Relaxation of
Quality Requirements for Fresh Nectarines and Peaches (Docket
No. FV95-916-5FR) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2744. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Avocados Grown in South Florida; Assessment Rate (FV95-915-
1IFR) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2745. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Revision of User Fees for 1996 Crop Cotton Classification
Services to Growers (CN-96-001-FR) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2746. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act when the Department of the Army violated restrictions of
section 101 of the Military Construction Act of 1994,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
2747. A letter from the Secretary of Energy, transmitting
the annual report on research and technology development
activities supporting defense waste management and
environmental restoration, pursuant to Public Law 101-189,
section 3141(c)(1), (2) (103 Stat. 1680); to the Committee on
National Security.
2748. A letter from the Secretary of Transportation,
transmitting the annual report of the Maritime Administration
[MARAD] for Fiscal Year 1995, pursuant to 46 U.S.C. app.
1118; to the Committee on National Security.
2749. A letter from the Director of Defense Research and
Engineering, Department of Defense, transmitting a report on
the estimated amount of fiscal year 1997 staff-years of
effort [STE] to be funded by DOD for each DOD sponsored
Federally Funded Research and Development Center [FFRDC],
pursuant to 10 U.S.C. 2367(d)(1); to the Committee on
National Security.
2750. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving U.S. exports to the People's Republic of China
[China], pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee
on Banking and Financial Services.
2751. A letter from the Executive Director, Neighborhood
Reinvestment Corporation, transmitting the Corporation's 1995
annual report, pursuant to 42 U.S.C. 8106(a); to the
Committee on Banking and Financial Services.
2752. A letter from the Commissioner, Rehabilitation
Services Administration, transmitting the annual report of
the Rehabilitation Services Administration on Federal
activities related to the administration of the
Rehabilitation Act of 1973, fiscal year 1993, pursuant to 29
U.S.C. 712; to the Committee on Economic and Educational
Opportunities.
2753. A letter from the Assistant Secretary for OSHA,
Department of Labor, transmitting the Department's final
rule--Personal Protective Equipment for General Industry
(RIN: 1218-AA71) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
2754. A letter from the Assistant Secretary for Policy,
Management and Budget, Department of the Interior,
transmitting the Department's final rule--Natural Resources
Damage Assessment--Type A Procedures (RIN: 1090-AA21 and
1090-AA23) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2755. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Final Rule to Rescind FMVSS No. 211, Wheel Nuts, Wheel Discs,
Hub Caps (RIN: 2127-AF71) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2756. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's annual report on international terrorism
entitled ``Patterns of Global Terrorism: 1995,'' pursuant to
22 U.S.C. 2656f(a); to the Committee on International
Relations.
2757. A letter from the Attorney General of the United
States, transmitting the 1995 annual management report for
the Federal Prison Industries, Inc., pursuant to Public Law
101-576, section 306(a) (104 Stat. 2854); to the Committee on
Government Reform and Oversight.
2758. A letter from the Chairman, District of Columbia
Financial Responsibility and Management Assistance Authority,
transmitting the proposed budget for fiscal year 1997 for the
District of Columbia Financial Responsibility and Management
Assistance Authority, pursuant to Public Law 104-8, section
106(a)(1) (109 Stat. 105); to the Committee on Government
Reform and Oversight.
2759. A letter from the Director, Office of Personnel
Management, transmitting the annual report of the Civil
Service retirement and disability fund for fiscal year 1995,
pursuant to 5 U.S.C. 1308(a); to the Committee on Government
Reform and Oversight.
2760. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the 1995 section 8 report on National Historic and Natural
Landmarks that have been damaged or to which damage to their
integrity is anticipated, pursuant to 16 U.S.C. 1a-5(a); to
the Committee on Resources.
2761. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2762. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Cessna Models 208 and 208B
airplanes; Docket No. 96-CE-05-AD) (RIN: 2120-AA64) received
May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2763. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Short Brothers Model SD3-30, SD3-
60, and SD3-SHERPA Series Airplanes (RIN: 2120-AA64) received
May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2764. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness directives; Jetstream Model 4101 Airplanes
(RIN: 2120-AA64) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2765. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revisions to Maintenance and Preventive Maintenance Rule
(RIN: 2120-AE57) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2766. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment of Class E Airspace; Jackson, CA (RIN: 2120-AA66)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2767. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Modification of
[[Page 1017]]
Class E Airspace; Alliance, OH, Salem, OH, and Youngstown, OH
(3) (RIN: 2120-AA66) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2768. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland Model DHC-3 Airplanes;
Docket No. 95-CE-47-AD (RIN: 2120-AA64) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2769. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Aviat Aircraft Inc. Models S-2A, S-
2B, and S-2S airplanes; Docket No. 95-CE-101-AD (RIN: 2120-
AA64) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2770. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; HB Flugtechnik Sailplanes, elevator
control system; Docket No. 95-CE-30-AD (RIN: 2120-AA64)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2771. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Robinson Helicopter Company Model
R22 Helicopters (Docket No. 95-SW-23-AD) (RIN: 2120-AA64)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2772. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; I.A.M. Rinaldo Piaggio Inc. Model P
180 Series Airplanes emergency exist door; (Docket No. 95-CE-
50-AD) (RIN: 2120-AA64) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2773. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft Inc. Models
PA28, PA32, PA34, and PA44 Series airplanes, flap lever
assemblies; (Docket No. 95-CE-37-AD) (RIN: 2120-AA64)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2774. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Transportation for Elderly and Persons with Disabilities
(RIN: 2132-AA46) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2775. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Seaway Regulations and Rules: Miscellaneous Amendments (RIN:
2135-AA00) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2776. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Removal of Part 159; National Capital Airports (RIN: 2120-
AG05) Received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2777. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Annual Kennewick, Washington,
Columbia Unlimited Hydroplane Races (RIN: 2115-AE46) received
May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2778. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
COTP Los Angeles-Long Beach, CA; 96-007 (RIN: 2115-AA97)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2779. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Saab Model SAAB SF340A, SAAB 340B,
and SAAB 2000 Series Airplanes (RIN: 2120-AA64) received May
2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
2780. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Construcciones Aeronautics, S.A.
[CASA] Model C-212 and CN-235 Series Airplanes (RIN: 2120-
AA64) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2781. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; EMBRAER; Models EMB-110P1 and EMB-
110P2 airplanes; Docket No. 96-CE-02-AD (RIN: 2120-AA64)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2782. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Empresa Brasileira de Aeronautica,
S.A. [EMBRAER] Model EMB-120 Series Airplanes (RIN: 2120-
AA64) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2783. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland, Inc. DHC-6 series
airplanes; Docket No. 96-CE-01-AD (RIN: 2120-AA64) received
May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2784. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland Model DHC-7 and DHC-8
Series Airplanes (RIN: 2120-AA64) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2785. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F27 Mark 100, 200,
300, 400, 500, 600, and 700 Series Airplanes, and Model F27
Mark 050 Series Airplanes (RIN: 2120-AA64) received May 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2786. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fairchild Aircraft SA226 and SA227
Series Airplanes; Docket No. 96-CE-06-AD (RIN: 2120-AA64)
received May 2, 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to
the Committee on Transportation and Infrastructure.
2787. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives, Beech Aircraft Corporation Models,
99, 99A, A99A, B99, B200, 1900, 1900C, and 1900D airplanes;
Docket No. 96-CE-03-AD (RIN: 2120-AA64) received May 2, 1996,
pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee on
Transportation and Infrastructure.
2788. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives, Dornier 228 Series airplanes;
Docket No. 96-CE-04-AD (RIN: 2120-AA64) received May 2, 1996,
pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee on
Transportation and Infrastructure.
2789. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model BAe ATP Airplanes
(RIN: 2120-AA64) received May 2, 1996, pursuant to 5 U.S.C.
801(a) (1) (A); to the Committee on Transportation and
Infrastructure.
2790. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; British Aerospace Model HS 748
Series Airplanes (RIN: 2120-AA64) received May 2, 1996,
pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee on
Transportation and Infrastructure.
2791. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Aerospatiale Model ATR42 and ATR72
Series Airplanes (RIN: 2120-AA64) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2792. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Aircraft Limited
Jetstream Models 3101 and 3201 airplanes; Docket No. 96-CE-
07-AD (RIN: 2120-AA64) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2793. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Dornier Model 328-100 Series
Airplanes (RIN: 2120-AA64) received May 2, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2794. A letter from the Secretary of Veterans Affairs,
transmitting the fiscal year 1995 annual report of the
Secretary of Veterans Affairs, pursuant to 38 U.S.C. 529; to
the Committee on Veterans' Affairs.
2795. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's Federal Equal Opportunity Recruitment Program
[FEORP] accomplishments report for fiscal year 1995, pursuant
to section 105(d) of Public Law 96-465; jointly, to the
Committees on International Relations and Government Reform
and Oversight.
2796. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Secretary's ``Certification to the Congress: Regarding the
Incidental Capture of Sea Turtles in Commercial Shrimping
Operations,'' pursuant to Public Law 101-162, section
609(b)(2) (103 Stat. 1038); jointly, to the Committees on
Resources and Appropriations.
2797. A letter from the Assistant Attorney General of the
United States, transmitting the Department's third quarterly
report to Congress entitled ``Attacking Financial
Institutions Fraud'' for fiscal year 1995, pursuant to Public
Law 101-647, section 2546(a)(2) (104 Stat. 4885); jointly, to
the Committees on the Judiciary and Banking and Financial
Services.
2798. A letter from the Secretary of Energy, transmitting
the Department's report to the President and the Congress on
large science projects of the Department of Energy; jointly,
to the Committees on Science and Appropriations.
2799. A letter from the Attorney General of the United
States, transmitting the 1995 annual report on the number of
applications that were made for orders and extension of
orders approving electronic surveillance
[[Page 1018]]
under the Foreign Intelligence Surveillance Act, pursuant to
50 U.S.C. 1807; jointly, to the Committees on Intelligence
(Permanent Select) and the Judiciary.
para.51.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill and a joint resolution of
the Senate of the following titles:
S. 966. An Act for the relief of Nathan C. Vance, and for
other purposes; and
S.J. Res. 51. Joint resolution saluting and congratulating
Polish people around the world as, on May 3, 1996, they
commemorate the 205th anniversary of the adoption of Poland's
first constitution.
para.51.5 select subcommittee to investigate the U.S. role in iranian
arms transfers
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-551) the resolution (H. Res. 416) establishing a select
subcommittee of the Committee on International Relations to investigate
the United States role in Iranian arms transfers to Croatia and Bosnia.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.51.6 providing for the consideration of h.r. 2974
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-552) the resolution (H. Res. 421) providing for the
consideration of the bill (H.R. 2974) to amend the Violent Crime Control
and Law Enforcement Act of 1994 to provide enhanced penalties for crimes
against elderly and child victims.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.51.7 providing for the consideration of h.r. 3120
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-553) the resolution (H. Res. 422) providing for the
consideration of the bill (H.R. 3120) to amend title 18, United States
Code, with respect to witness retaliation, witness tampering jury
tampering.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.51.8 senate bill and joint resolution referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 966. An Act for the relief of Nathan C. Vance, and for
other purposes; to the Committee on the Judiciary; and
S.J. Res. 51. Joint resolution saluting and congratulating
Polish people around the world, as, on May 3, 1996, they
commemorate the 205th anniversary of the adoption of Poland's
first constitution; to the Committee on International
Relations and the Committee on Government Reform and
Oversight.
para.51.9 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 2024. An Act to phase out the use of mercury in
batteries and provide for the efficient and cost-effective
collection and recycling or proper disposal of used nickel
cadmium batteries, small sealed lead-acid batteries, and
certain other batteries, and for other purposes.
And then,
para.51.10 adjournment
On motion of Mr. CAMPBELL, pursuant to the special order agreed to on
May 1, 1996, at 1 o'clock and 23 minutes p.m., the House adjourned until
2:00 p.m. on Monday, May 6, 1996.
para.51.11 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SOLOMON: Committee on Rules. House Resolution 416.
Resolution establishing a select subcommittee of the
Committee on International Relations to investigate the
United States Role in Iranian arms transfer to Croatia and
Bosnia (Rept. No. 104-551). Referred to the House calendar.
Mr. DIAZ-BALART: Committee on Rules. House Resolution 421.
Resolution providing for consideration of the bill (H.R.
2974) to amend the Violent Crime Control and Law Enforcement
Act of 1994 to provide enhanced penalties for crimes against
elderly and child victims (Rept. No. 104-552). Referred to
the House Calendar.
Ms. GREENE of Utah: Committee on Rules. House Resolution
422. Resolution providing for consideration of the bill (H.R.
3120) to amend title 18, United States Code, with respect to
witness retaliation, witness tampering and jury tampering
(Rept. No. 104-553). Referred to the House Calendar.
discharge of committee
Pursuant to clause 5 of rule X the Speaker discharged the
Committees on Banking and Financial Services and Government
Reform and Oversight from further consideration of H.R. 3107.
para.51.12 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3107. Referral to the Committee on Ways and Means
extended for a period ending not later than May 10, 1996.
para.51.13 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. NORTON:
H.R. 3389. A bill to reduce the unfunded liability of the
teachers', firefighters', police officers', and judges'
pension funds of the District of Columbia by increasing and
extending the contributions of the Federal Government to such
funds, increasing employee contributions to such funds, and
establishing a single annual cost-of-living adjustment for
annuities paid from such funds, and for other purposes; to
the Committee on Government Reform and Oversight.
By Mr. MORAN:
H.R. 3390. A bill to reform occupancy standards for public
and other federally assisted housing to provide safer living
environments and increased local control, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. SCHAEFER (for himself, Mr. Stupak, Mr. Burr, Mr.
Hefner, and Mr. Bereuter):
H.R. 3391. A bill to amend the Solid Waste Disposal Act to
require at least 85 percent of funds appropriated to the
Environmental Protection Agency from the leaking underground
storage tank trust fund to be distributed to States for
cooperative agreements for undertaking corrective action and
for enforcement of subtitle I of such act; to the Committee
on Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. CAMPBELL (for himself, Mr. Armey, Mr. Saxton,
Mr. Sanford, Mr. Thornberry, Mr. Ewing, Mr. Manzullo,
Mr. Shays, Mr. Horn, and Mr. Cunningham):
H. Con. Res. 170. Concurrent resolution providing a sense
of Congress that the Congressional Budget Office and the
Joint Committee on Taxation should use dynamic economic
modeling in addition to static economic modeling in the
preparation of budgetary estimates of proposed changes in
Federal revenue law; to the Committee on the Budget, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KENNEDY of Rhode Island (for himself, Mr. Yates,
Mr. Lantos, Mr. Regula, and Mr. LaTourette):
H. Con. Res. 171. Concurrent resolution condemning the
proposed relocation to the site of the Jasenovac death camp
in Croatia of the remains of individuals who were not killed
there, including soldiers of the Croatian Ustashe regime who
participated during the Holocaust in the mass murder of Jews
and others; to the Committee on International Relations.
By Mr. GANSKE (for himself, Mr. Klug, Mr. Canady, Mr.
Coburn, Mr. Deal of Georgia, Ms. Lofgren, Mr.
Poshard, and Ms. Rivers):
H. Res. 423. Resolution amending the Rules of the House of
Representatives to require each Member of the House of
Representatives to submit annual reports for publication in
the Congressional Record on certain federally funded travel
taken by the Member during the year; to the Committee on
Rules.
By Mr. SABO (for himself, Mr. Stenholm, Ms. Slaughter,
Mr. Coyne, Mrs. Mink of Hawaii, Mr. Orton, Mr.
Pomeroy, Ms. Woolsey, Ms. Roybal-Allard, Mrs. Meek of
Florida, and Mr. Thompson):
H. Res. 424. Resolution providing for the consideration of
the resolution (H. Con. Res. 66) setting forth the
congressional budget for the U.S. Government for the fiscal
years 1996, 1997, 1998, 1999, 2000, 2001, and 2002; to the
Committee on Rules.
para.51.14 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 969: Mr. Hinchey.
H.R. 1785: Mr. Lighfoot.
[[Page 1019]]
H.R. 2019: Mr. Bunn of Oregon, Mr. Gillmor, and Mr. Hefley.
H.R. 2270: Mr. Radanovich.
H.R. 2333: Mr. Christensen, Ms. Dunn of Washington, Mr.
Nussle, Mr. Payne of Virginia, and Mrs. Johnson of
Connecticut.
H.R. 2434: Mr. Thornberry, Mr. LaHood, Mr. Shaw, Mr.
Bishop, and Mr. English of Pennsylvania.
H.R. 2531: Mrs. Chenoweth.
H.R. 2535: Mrs. Myrick.
H.R. 2911: Mr. Hayworth and Mr. Christensen.
H.R. 2925: Mr. Oxley and Mr. Lewis of Kentucky.
H.R. 2976: Mr. Fields of Louisiana, Mr. Inglis of South
Carolina, Mr. LaFalce, and Mr. Pallone.
H.R. 3047: Mr. Lipinski.
H.R. 3083: Mr. Condit.
H.R. 3095: Mr. Dickey.
H.R. 3199: Mr. Emerson, Mr. Cooley, Mr. Saxton, Mr. Blute,
Mr. Watts of Oklahoma, Mr. Riggs, Mr. Canady, Mr. Shadegg,
Mr. Cunningham, Mr. Linder, Mr. Herger, Mr. Browder, and Ms.
Greene of Utah.
H.R. 3267: Ms. Danner and Mr. Petri.
H.R. 3275: Mr. Largent, Mr. Pete Geren of Texas, and Mr.
Lewis of Kentucky.
H.R. 3279: Mr. McIntosh.
H.R. 3286: Mr. Dornan, Mr. Boehner, and Mr. Hutchinson.
H.J. Res. 121: Mr. Gallegly and Mr. Thornberry.
H.J. Res. 176: Mr. Scarborough and Mr. Schaefer.
H. Con. Res. 154: Mr. Bereuter, Mr. Frazer, Mr. Kleczka,
Ms. Eddie Bernice Johnson of Texas, Mr. Manton, Mrs. Maloney,
Mr. Bonior, Mr. Fazio of California, Mr. Pallone, Mr. Engel,
Miss Collins of Michigan, and Mr. Nadler.
H. Con. Res. 155: Mrs. Lowey.
.
MONDAY, MAY 6, 1996 (52)
The House was called to order by the SPEAKER.
para.52.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, May 2, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.52.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2800. A letter from the Chief, Forest Service, transmitting
the Service's final rule--Disposal of National Forest System
Timber; Modification of Timber Sale Contracts in
Extraordinary Conditions (Interim Final Rule) (RIN: 0596-
AB58) received May 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2801. A letter from the Legislative and Regulatory
Activities Division, Comptroller of the Currency,
transmitting the Comptroller's final rule--Community
Reinvestment Act Regulations (RIN: 1557-AB51) received May 3,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
2802. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Community Reinvestment Act Regulations (RIN: 1557-AB51)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
2803. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the final
report of the Assistant General Counsel for Professional
Liability of the RTC, also the final report on Coordinated
Pursuit of Claims for the period concluding December 31,
1995, pursuant to 12 U.S.C. 1441a(w)(10)(C) and 12 U.S.C.
1441a(b)(11)(G); to the Committee on Banking and Financial
Services.
2804. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting a report
on the activities and efforts of the RTC, the FDIC, and the
Thrift Depositor Protection Oversight Board for the 3-month
period ending December 31, 1995, pursuant to Public Law 101-
73, section 501(a) (103 Stat. 387); to the Committee on
Banking and Financial Services.
2805. A letter from the Director, Regulations Policy
Management Staff, Office of Policy Food and Drug
Administration, Department of Health and Human Services,
transmitting the Department's final rule--Medical Devices;
Temporary Suspension of Approval of a Premarket Approval
Application (RIN: 0910-AA09) received May 3, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on the Commerce.
2806. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Primary
Drinking Water Regulations: Monitoring Requirements for
Public Drinking Water Supplies: Cryptosporidium, Giardia,
Viruses, Disinfection Byproducts, Water Treatment Plant Data
and Other Information Requirements (FLR-5501-1) received May
2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
2807. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Amendment to Standards
of Performance for New Stationary Sources; Small Industrial-
Commercial-Institutional Steam Generating Units (FLR-5467-8)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2808. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Adjustment of Reid
Vapor Pressure Lower Limit for Reformulated Gasoline Sold in
the State of California (FLR-5501-3) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2809. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Texas;
Revision to the State Implementation Plan [SIP] Addressing
Visible Emissions (FLR-5468-2) received May 2, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2810. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Attainment Extensions
for PM-10 Nonattainment Areas: Idaho (FLR-5500-4) received
May 2, 1996, pursuant to U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2811. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clomazone; Pesticide
Tolerance (PP 5E4521/R2230) (FLR-5364-9) received May 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2812. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Avermectin B1 and Its
Delta-8, 9-Isomers; Extension of Time-Limited Tolerances (PP
4E4419/R2236) (FLR-5366-8) received May 2, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2813. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Fenoxaprop-Ethyl;
Extension of Study Due Date and Time-Limited Tolerances (PP
9F3714/R2214) (FLR-5354-1) received May 2, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2814. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Lactofen; Pesticide
Tolerance (PP 4E4418/R2231) (FLR-5365-1) received May 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2815. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plan; Illinois (FLR-5436-1)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2816. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Illinois (FLR-5464-1)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2817. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Extremely Hazardous
Substances (FLR-5468-5) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2818. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision, Placer County Air Pollution
Control District and Ventura County Air Pollution Control
District (FLR-5456-9) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2819. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Ohio (FLR-5467-3)
received May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2820. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Utah;
Emission Statement Regulation, Ozone Nonattainment Area,
Designation, Definition (FLR-5468-8) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2821. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision, Santa Barbara County Air
Pollution Control District (FRL-5464-2) received May 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2822. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revi
[[Page 1020]]
sion, San Joaquin Valley Unified Air Pollution Control
District, Santa Barbara County Air Pollution Control
District, South Coast Air Quality Management District (direct
final) (FRL-5466-1) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2823. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Section 204(a) and 204(c) of
the Telecommunications Act of 1996 (Broadcast License Renewal
Procedures) received May 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2824. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed manufacturing license agreement
for production of major military equipment with Korea
(Transmittal No. DTC-17-96), pursuant to 22 U.S.C. 2776(d);
to the Committee on International Relations.
2825. A letter from the Director, Bureau of Alcohol,
Tobacco and Firearms, transmitting the Bureau's final rule--
Removal of Certain Restrictions on Importation of Defense
Articles and Defense Services from the Russian Federation (27
CFR part 47) received May 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on International Relations.
2826. A letter from the Executive Director, District of
Columbia Retirement Board, transmitting the personal
financial disclosure statements of Board members, pursuant to
D.C. Code, section 1-732 and 1-734(a)(1)(A); to the Committee
on Government Reform and Oversight.
2827. A letter from the NARA Regulatory Policy Official,
National Archives, transmitting the Archives' final rule--
Disposition of Federal Records (RIN: 3095-AA65) received May
2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
2828. A letter from the Secretary of the Interior,
transmitting notification that it is in the public interest
to use procedures other than full and open competition to
award a particular Department of the Interior program,
pursuant to 41 U.S.C. 253(c)(7); to the Committee on
Government Reform and Oversight.
2829. A letter from the Chief, Forest Service, transmitting
the Service's final rule--Smith River National Recreation
Area (RIN: 0596-AB39) received May 3, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
2830. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Amendment to
Requirements for Authorized State Permit Programs under
Section 402 of the Clean Water Act (FLR-5500-9) received May
2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
2831. A letter from the Associate Director, National
Institute of Standards and Technology, transmitting the
Institute's final rule--Grant Funds--Materials Science and
Engineering Laboratory--Availability of Funds (RIN: 0693-
ZA02) received May 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Science.
2832. A letter from the Associate director, National
Institute of Standards and Technology, transmitting the
Institute's final rule--Continuation of Fire Research Grants
Program--Availability of Funds (RIN: 0963-ZA06) received May
3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Science.
2833. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--VA Acquisition Regulations: Loan
Guaranty and Vocational Rehabilitation and Counseling
Programs (RIN: 2900-AG65) received May 3, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Veterans' Affairs.
2834. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Delegation of Authority to Order
Advertising for Use in Recruitment (RIN: 2900-AH74) received
May 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
2835. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Servicemen's and Veterans' Group
Life Insurance (RIN: 2900-AH50) received May 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans Affairs.
2836. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Revenue Ruling 96-26--received May 3, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
2837. A letter from the Deputy Under Secretary for
Environmental Security, Department of Defense, transmitting
an interim summary report on the DOD Environmental
Scholarships and Fellowships Programs, pursuant to Public Law
102-484, section 4451(j) (106 Stat. 2737) and Public Law 103-
160, section 1333(h)(2) (107 Stat. 1800); jointly, to the
Committees on National Security and Economic and Educational
Opportunities.
2838. A letter from the Director, Office of Management and
Budget, transmitting a draft of proposed legislation entitled
the ``Statistical Confidentiality Act''; jointly, to the
Committees on Government Reform and Oversight, Commerce, the
Judiciary, Science, and Economic and Educational
Opportunities.
para.52.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 2064. An Act to grant the consent of Congress to an
amendment of the Historic Chattahoochee Compact between the
States of Alabama and Georgia; and
H.R. 2243. An Act to amend the Trinity River Basin Fish and
Wildlife Management Act of 1984, to extend for three years
the availability of moneys for the restoration of fish and
wildlife in the Trinity River, and for other purposes.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 1743. An Act to amend the Water Resources Research Act
of 1984 to extend the authorizations of appropriations
through fiscal year 2000, and for other purposes; and
H.R. 1836. An Act to authorize the Secretary of the
Interior to acquire property in the town of East Hampton,
Suffolk County, New York, for inclusion in the Amagansett
National Wildlife Refuge.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 811. An Act to authorize research into the
desalinization and reclamation of water and authorize a
program for States, cities, or qualifying agencies desiring
to own and operate a water desalinization or reclamation
facility to develop such facilities, and for other purposes;
and
S. 1720. An Act to establish the Nicodemus National
Historic Site and the New Bedford National Historic Landmark.
The message also announced that the Senate agrees to the report of the
committee on conference on the disagreeing votes of the two Houses on
the amendments of the House to the bill (S. 641) ``An Act to reauthorize
the Ryan White CARE Act of 1990, and for other purposes.''
The message also announced that pursuant to sections 276d-276g of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appoints Mr. Chafee, Mr. Hatch, Mr. Pryor, Mr. Pressler,
Mr. Grassley, Mr. Gorton, Mr. Jeffords, Mr. Mack, Mr. Burns, Mr.
Bennett, Mr. Inhofe, Mr. DeWine, and Mr. Grams, as members of the Senate
delegation to the Canada-United States Interparliamentary Group during
the 2d Session of the 104th Congress, to be held in southeast Alaska,
May 10-14, 1996.
The message also announced that pursuant to sections 276h-276k of
title 22, United States Code, as amended, the Chair, on behalf of the
Vice President, appoints Mr. Murkowski, Mr. Brown, and Mr. Coverdell, as
members of the Senate delegation to the Mexico-United States
Interparliamentary Group during the 2d Session of the 104th Congress, to
be held in Zacatecas, Mexico, May 3-5, 1996.
para.52.4 communication from the clerk--message from the president
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
House of Representatives,
Washington, DC, May 2, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Thursday, May 2nd
at 4:15 p.m. and said to contain a message from the President
wherein he returns without his approval H.R. 956, the
``Common Sense Product Liability Legal Reform Act of 1996.''
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.52.5 veto of h.r. 956
The Clerk then read the veto message from the President, as follows:
To the House of Representatives:
I am returning herewith without my approval H.R. 956, the ``Common
Sense Product Liability Legal Reform Act of 1996.''
I support real commonsense product liability reform. To deserve that
label, however, legislation must adequately protect the interests of
consumers, in addition to the interests of manufacturers and sellers.
Further, the legislation must respect the important role of the States
in our Federal system. The
[[Page 1021]]
Congress could have passed such legislation, appropriately limited in
scope and balanced in application, meeting these test. Had the Congress
done so, I would have signed the bill gladly. The Congress, however,
chose not to do so, deciding instead to retain provisions in the bill
that I made clear I could not accept.
This bill inappropriately intrudes on State authority, and does so in
a way that tilts the legal playing field against consumers. While some
Federal action in this area is proper because no one State can alleviate
nationwide problems in the tort system, the States should have, as they
always have had, primary responsibility for tort law. The States
traditionally have handled this job well, serving as laboratories for
new ideas and making needed reforms. This bill unduly interferes with
that process in products cases; moreover, it does so in a way that
peculiarly disadvantages consumers. As a rule, this bill displaces State
law only when that law is more favorable to consumers; it defers to
State law when that law is more helpful to manufacturers and sellers. I
cannot accept, absent compelling reasons, such a one-way street of
federalism.
Apart from this general problem of displacing State authority in an
unbalanced manner, specific provisions of H.R. 956 unfairly disadvantage
consumers and their families. Consumers should be able to count on the
safety of the products they purchase. And if these products are
defective and cause harm, consumers should be able to get adequate
compensation for their losses. Certain provisions in this bill work
against these goals, preventing some injured persons from recovering the
full measure of their damages and increasing the possibility that
defective goods will come onto the market as a result of intentional
misconduct.
In particular, I object to the following provisions of the bill, which
subject consumers to too great a risk of harm.
First, as I previously have stated, I oppose wholly eliminating joint
liability for noneconomic damages such as pain and suffering because
such a change could prevent many persons from receiving full
compensation for injury. When one wrongdoer cannot pay its portion of
the judgment, the other wrongdoers, and not the innocent victim, should
have to shoulder that part of the award. Traditional law accomplishes
this result. In contrast, this bill would leave the victim to bear these
damages on his or her own. Given how often companies that manufacture
defective products go bankrupt, this provision has potentially large
consequences.
This provision is all the more troubling because it unfairly
discriminates against the most vulnerable members of our society--the
elderly, the poor, children, and nonworking women--whose injuries often
involve mostly noneconomic losses. There is no reason for this kind of
discrimination. Noneconomic damages are as real and as important to
victims as economic damages. We should not create a tort system in which
people with the greatest need of protection stand the least chance of
receiving it.
Second, as I also have stated, I oppose arbitrary ceilings on punitive
damages, because they endanger the safety of the public. Capping
punitive damages undermines their very purpose, which is to punish and
thereby deter egregious misconduct. The provision of the bill allowing
judges to exceed the cap if certain factors are present helps to
mitigate, but does not cure this problem, given the clear intent of the
Congress, as expressed in the Statement of Managers, that judges should
use this authority only in the most unusual cases.
In addition, I am concerned that the Conference Report fails to fix
an oversight in title II of the bill, which limits actions against
suppliers of materials used in devices implanted in the body. In
general, title II is a laudable attempt to ensure the supply of
materials needed to make life-saving medical devices, such as
artificial heart valves. But as I believe even many supporters of the
bill agree, a supplier of materials who knew or should have known that
the materials, as implanted, would cause injury should not receive any
protection from suit. Title II's protections must be clearly limited to
nonnegligent suppliers.
My opposition to these Senate-passed provisions were known prior to
the Conference on the bill. But instead of addressing these issues, the
Conference Committee took several steps backward in the direction of
the bill approved by the House.
First, the Conference Report seems to expand the scope of the bill,
inappropriately applying the limits on punitive and noneconomic damages
to lawsuits, where, for example, a gun dealer has knowingly sold a gun
to a convicted felon or a bar owner has knowingly served a drink to an
obviously inebriated customer. I believe that such suits should go
forward unhindered. Some in the Congress have argued that the change
made in Conference is technical in nature, so that the bill still
exempts these actions. But I do not read the change in this way--and in
any event, I do not believe that a victim of a drunk driver should have
to argue in court about this matter. The Congress should not have made
this last-minute change, creating this unfortunate ambiguity, in the
scope of the bill.
In addition, the Conference Report makes certain changes that, though
sounding technical, may cut off a victim's ability to sue a negligent
manufacturer. The Report deletes a provision that would have stopped
the statute of limitations from running when a bankruptcy court issues
the automatic stay that prevents suits from being filed during
bankruptcy proceedings. The effect of this seemingly legalistic change
will be that some persons harmed by companies that have entered
bankruptcy proceedings (as makers of defective products often do) will
lose any meaningful opportunity to bring valid claims.
Similarly, the Conference Report reduces the statute of repose to 15
years (and less if States to provide) and applies the statute to a
wider range of goods, including handguns. This change, which bars a
suit against a maker of an older product even if that product has just
caused injury, also will preclude some valid suits.
In recent weeks, I have heard from many victims of defective products
whose efforts to recover compensation would have been frustrated by
this bill. I have heard from a woman who would not have received full
compensatory damages under this bill for the death of a child because
one wrongdoer could not pay his portion of the judgment. I have heard
from women whose suits against makers of defective contraceptive
devices--and the punitive damages awarded in those suits--forced the
products off the market, in a way that this bill's cap on punitives
would make much harder. I have heard from persons injured by products
more than 15 years old, who under this bill could not bring suit at
all.
Injured people cannot be left to suffer in this fashion; furthermore,
the few companies that cause these injuries cannot be left, through
lack of a deterrent, to engage in misconduct. I therefore must return
the bill that has been presented to me. This bill would undermine the
ability of courts to provide relief to victims of harmful products and
thereby endanger the health and safety of the entire American public.
There is nothing common sense about such reforms to product liability
law.
William J. Clinton.
The White House, May 2, 1996.
The SPEAKER pro tempore, Mr. HORN, by unanimous consent, ordered that
the veto message, together with the accompanying bill, be printed (H.
Doc. 104-207) and spread upon the pages of the Journal of the House.
On motion of Mr. HYDE, by unanimous consent, further consideration of
the veto message was postponed until Thursday, May 9, 1996, and that
upon further consideration of the veto message on that day, the
previous question be considered as ordered on the question of passage
of the bill, the objections of the President to the contrary
notwithstanding, without intervening motion or debate except one hour
of debate on the question of passage.
para.52.6 permission to file report
On motion of Mr. HYDE, by unanimous consent, the Committee on House
Oversight was granted permission until midnight tonight, to file a
report (Rept. No. 104-559) on the resolution (H. Res. 417) providing
amounts for the expenses of the Select Subcommittee on the United States
Role in Iranian Arms Transfers to Croatia and Bosnia of the Committee on
International Relations
[[Page 1022]]
in the second session of the Hundred Fourth Congress.
para.52.7 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1720. An Act to establish the Nicodemus National
Historic Site and the New Bedford National Historic Landmark;
to the Committee on Resources.
para.52.8 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 2064. An Act to grant the consent of Congress to an
amendment of the Historic Chattahoochee Compact between the
States of Alabama and Georgia.
H.R. 2243. An Act to amend the Trinity River Basin Fish and
Wildlife Management Act of 1984, to extend for three years
the availability of moneys for the restoration of fish and
wildlife in the Trinity River, and for other purposes.
And then,
para.52.9 adjournment
On motion of Ms. DeLAURO, pursuant to the special order agreed to on
May 2, 1996, at 2 o'clock and 22 minutes p.m., the House adjourned until
12:30 p.m. on Tuesday, May 7, 1996.
para.52.10 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
(The following action occurred on May 3, 1996)
Mr. ARCHER: Committee on Ways and Means. H.R. 3286. A bill
to help families defray adoption costs, and to promote the
adoption of minority children; with an amendment (Rept. No.
104-542, Pt. 2). Referred to the Committee of the Whole House
on the State of the Union.
[Submitted May 6, 1996]
Mr. MOORHEAD: Committee on the Judiciary. H.R. 1861. A bill
to make technical corrections in the Satellite Home Viewer
Act of 1994 and other provisions of title 17, United States
Code; with an amendment (Rept. No. 104-554). Referred to the
Committee of the Whole House on the State of the Union.
Mr. McCOLLUM: Committee on the Judiciary. H.R. 2137. A bill
to amend the Violent Crime Control and Law Enforcement Act of
1994 to require the release of relevant information to
protect the public from sexually violent offenders; with an
amendment (Rept. No. 104-555). Referred to the Committee of
the Whole House on the State of the Union.
Mr. MOORHEAD: Committee on the Judiciary. H.R. 2511. A bill
to control and prevent commercial counterfeiting, and for
other purposes (Rept. No. 104-556). Referred to the Committee
of the Whole House on the State of the Union.
Mr. McCOLLUM: Committee on the Judiciary. H.R. 2980. A bill
to amend title 18, United States Code, with respect to
stalking; with an amendment (Rept. No. 104-557). Referred to
the Committee of the Whole House on the State of the Union.
Mr. MOORHEAD: Committee on the Judiciary. H.R. 1734. A bill
to reauthorize the National Film Preservation Board, and for
other purposes; with an amendment (Rept. No. 104-558 Pt. 1).
Ordered to be printed.
Mr. THOMAS: Committee on House Oversight. House Resolution
417. Resolution providing amounts for the expenses of the
Select Subcommittee on the United States Role in Iranian Arms
Transfers to Croatia and Bosnia of the Committee on
International Relations in the second session of the 104th
Congress; with an amendment (Rept. No. 104-559). Referred to
the House Calendar.
para.52.11 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 1734. Referral to the Committee on House Oversight
extended for a period ending not later than June 21, 1996.
para.52.12 discharge of committee
Pursuant to clause 5 of rule X the following action was taken by the
Speaker: The Committees on Resources, Transportation and Infrastructure,
and National Security discharged from further consideration; H.R. 3322
referred to the Committee of the Whole House on the State of the Union.
para.52.13 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CONYERS (for himself, Mr. Miller of California,
and Mr. Brown of California):
H.R. 3392. A bill to require a separate, unclassified
statement of the aggregate amount of budget outlays for
intelligence activities; to the Committee on Government
Reform and Oversight, and in addition to the Committee on
Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TANNER (for himself, Mrs. Lincoln, Mr. Stenholm,
and Mr. Payne of Virginia):
H. Res. 425. Resolution providing for the consideration of
the bill (H.R. 2915) to enhance support and work
opportunities for families with children, reduce welfare
dependance and control welfare spending; to the Committee on
Rules.
para.52.14 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 931: Mr. Shays.
H.R. 940: Mr. Kennedy of Rhode Island.
H.R. 1023: Mr. LaHood, Mr. Menendez, and Mr. Peterson of Minnesota.
H.R. 2137: Mr. Ramstad.
H.R. 2167: Mr. Nadler, Mrs. Vucanovich, and Mr. Peterson of
Minnesota.
H.R. 2749: Mr. Stump and Mr. Manzullo.
H.R. 3170: Mr. Lazio of New York and Mrs. Roukema.
H.R. 3173: Mr. Waxman.
H.R. 3246: Mrs. Kennelly.
H.R. 3268: Mr. Gunderson, Mr. Sam Johnson, Mr. Riggs, Mr. Souder, Mr.
Weldon of Florida, Mr. Greenwood, Mr. Barrett of Nebraska, Mr.
Ballenger, Mrs. Meyers of Kansas, Mr. Graham, and Mr. Knollenberg.
H.R. 3310: Mr. Neumann and Mr. Istook.
H.J. Res. 178: Mr. Zimmer and Mr. Blute.
H. Con. Res. 160: Mr. Castle, Mr. Berman, Mr. McHugh, Mr. Bereuter,
Ms. Woolsey, Mr. Thompson, Mrs. Meyers of Kansas, Mr. Walker, Mr. Lewis
of Georgia, Mr. Dixon, Mr. Shaw, Mr. Faleomavaega, Mrs. Lincoln, Ms.
Slaughter, Mr. Schumer, Mr. Dellums, Mrs. Maloney, Ms. McKinney, Mr.
Blute, and Mr. Studds.
H. Res. 30: Mr. Tiahrt, Mr. Cardin, Mr. McInnis, Mr. Williams, and
Mr. Chabot.
.
TUESDAY, MAY 7, 1996 (53)
para.53.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. HOBSON, who laid before the House the following
communication:
Washington, DC,
May 7, 1996.
I hereby designate the Honorable David L. Hobson to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.53.2 recess--1:21 p.m.
The SPEAKER pro tempore, Mr. HOBSON, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.53.3 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. FOLEY, called the House to order.
para.53.4 approval of the journal
The SPEAKER pro tempore, Mr. FOLEY, announced he had examined and
approved the Journal of the proceedings of Monday, May 6, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.53.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2839. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon; Assessment Rate (FV96-956-
2IFR) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2840. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Washington; Assessment Rate (FV96-
946-2IFR) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
2841. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Spearmint Oil Pro
[[Page 1023]]
duced in the Far West; Assessment Rate (FV96-985-2IFR)
received May 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
2842. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Milk in the Southeast Marketing Area (DA-95-22FR) received
May 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
2843. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting on
behalf of the President, the annual report on the Panama
Canal Treaties, fiscal year 1995, pursuant to 22 U.S.C. 3871;
to the Committee on National Security.
2844. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for training personnel for the Education of Individuals with
Disabilities Program and Program for Children and Youth with
Serious Emotional Disturbance--received May 6, 1996, pursuant
to 5 U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
2845. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Seat Belt Assemblies;
Child Restraint Systems (RIN: 2127-AF67) received May 6,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy.
2846. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Cold, Cough, Allergy,
Bronchodilator, and Antiasthmatic Drug Products for Over-the-
Counter Human Use; Products Containing Diphenhydramine
Citrate or Diphenhydramine Hydrochloride; Enforcement Policy
(RIN: 0901-AA01) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2847. A letter from the Chairman, Nuclear Regulatory
Commission, transmitting a report on the nondisclosure of
safeguards information for the quarter ending March 31, 1996,
pursuant to 42 U.S.C. 2167(e); to the Committee on Commerce.
2848. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--Relief
from reporting by small issuers (RIN: 3235-AG48) received May
7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
2849. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--
Exemption for certain California limited issues (RIN: 3235-
AG51) received May 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2850. A communication from the President of the United
States, transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
U.N. Security Council, pursuant to Public Law 102-1, section
3 (105 Stat. 4) (H. Doc. No. 104-208); to the Committee on
International Relations and ordered to be printed.
2851. A letter from the Deputy Director, Office of
Personnel Management, transmitting the Office's final rule--
Prevailing Rate Systems; Changes in Survey Responsibilities
for Certain Appropriated Fund Federal Wage System Wage Areas
(RIN: 3206-AH28) received May 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
2852. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
interim rule--To Authorize Small Takes of Marine Mammals
Incidental to Specified Activities in Arctic Waters (RIN:
0648-AG80) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
2853. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Department's final rule--
Summer Flounder Fishery; Adjustments to 1996 State Quotas
(Docket No. 951116270-5308-02; I.D. 031296B) received May 7,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
2854. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Transportation of Hazardous Materials Regulations; Technical
Amendment (RIN: 2125-AD90) received May 6, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2855. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace, Bigfork, MN--Docket No.
95-AGL-20 (RIN: 2120-AA66) received May 6, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2856. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Change in Using Agency for Restricted Areas R-4102A and B,
Fort Devens, MA--Docket No. 95-ANE-71 (RIN: 2120-AA66)
received May 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2857. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace, Richlands, VA--Docket No.
95-AEA-14 (RIN: 2120-AA66) (1996-0013) received May 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2858. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment of the Type Certification Procedures for Changes in
Helicoper Type Design to Attach or Remove External Equipment
(RIN: 2120-AF10) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2859. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Maule Aerospace Technologies, Inc.
Models M-4-210 and M-4-210C airplanes; Docket No. 95-CE-22-AD
(RIN: 2120-AA64) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2860. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Schedule for Rating Disabilities;
Fibromyalgia (RIN: 2900-AH05) received May 6, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Veterans'
Affairs.
2861. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs transmitting the
Department's final rule--Appeals Regulations; Rules of
Practice: Single Member and Panel Decisions;
Reconsiderations; Order of Consideration (RIN: 2900-AH16)
received May 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Veterans' Affairs.
2862. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Removal of references to ``vicious
habits'' (RIN: 2900-AH87) received May 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Veterans' Affairs.
2863. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--VA Acquisition Regulations:
Miscellaneous Amendments (RIN: 2900-AI02) received May 7,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
para.53.6 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment a bill of the
House of the following title:
H.R. 2202. An Act to amend the Immigration and Nationality
Act to improve deterrence of illegal immigration to the
United States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes.
para.53.7 British-American interparliamentary group
The SPEAKER pro tempore, Mr. FOLEY, by unanimous consent, announced
that pursuant to the provisions of section 168(b) of Public Law 102-138,
the Speaker appointed to the British-American Interparliamentary Group,
Messrs. Hamilton, Lantos, Hastings of Florida, and Mrs. Kennelly, on the
part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.53.8 advisory board on welfare indicators
The SPEAKER pro tempore, Mr. FOLEY, by unanimous consent, announced
that pursuant to section 232(c)(2) of Public Law 103-432, the Speaker
appointed to the Advisory Board on Welfare Indicators: Ms. Eloise
Anderson of California, Mr. Wade F. Horn of Maryland, Mr. Marvin H.
Kosters of Virginia, and Mr. Robert Greenstein of the District of
Columbia, from private life, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.53.9 committees and subcommittees to sit
On motion of Mr. RIGGS, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Commerce, the Committee on
Transportation and Infrastructure, and the Permanent Select Committee on
Intelligence.
para.53.10 use of the capitol grounds
Mr. GILCHREST moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 150); as amended:
Whereas the United States public has demonstrated a
continuing love affair with motor vehicles since their
introduction 100 years ago, enjoying vehicles for
transportation, for enthusiast endeavors ranging from racing
to show competitions, and as a mode of individual expression;
[[Page 1024]]
Whereas research and development in connection with
motorsports competition and speciality applications have
provided consumers with life-saving safety features,
including seat belts, air bags, and many other important
innovations;
Whereas hundreds of thousands of amateur and professional
participants enjoy motorsports competitions each year
throughout the United States;
Whereas such competitions have a total annual attendance in
excess of 14,500,000 spectators, making the competitions
among the most widely attended in United States sports; and
Whereas sales of motor vehicle parts and accessories for
performance and appearance enhancement, restoration, and
modification exceeded $15,000,000,000 in 1995, resulting in
500,000 jobs for United States citizens: Now therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. USE OF CAPITOL GROUNDS FOR SPECIALITY MOTOR
VEHICLE AND EQUIPMENT EVENT.
On May 16, 1996, or such other date as the Speaker of the
House of Representatives and the President pro tempore of the
Senate may jointly designate there is authorized to be
conducted on the Capitol Grounds a public event (in this
resolution referred to as the ``event'') displaying racing,
restored, and customized motor vehicles and transporters.
SEC. 2. CONDITIONS.
The event shall be free of admission charge to the public
and arranged not to interfere with the needs of Congress,
under conditions to be prescribed by the Architect of the
Capitol and the Capitol Police Board. The sponsor of the
event shall assume full responsibility for all expenses and
liabilities incident to all activities associated with the
event.
SEC. 3. STRUCTURE AND EQUIPMENT.
For the purposes of this resolution, the sponsor of the
event is authorized to erect upon the Capitol Grounds,
subject to the approval of the Architect of the Capitol, such
stage, sound amplification devices, tents, and other related
structures and equipment as may be necessary for the event.
The sponsor is further authorized to display racing,
restored, and customized motor vehicles and transporters in
the condition in which they appear.
SEC. 4. ADDITIONAL ARRANGEMENTS.
The Architect of the Capitol and the Capitol Police Board
are authorized to make any additional arrangement that may be
required to carry out the event.
SEC. 5. LIMITATIONS ON REPRESENTATIONS.
The sponsor of the event (including its members) shall not
represent, either directly or indirectly, that this
resolution or any activity carried out under this resolution
in any way constitutes approval or endorsement by the Federal
Government of the sponsor (or its members) or any product or
service offered by the sponsor (or its members).
SEC. 6. PHOTOGRAPHS.
The event may be conducted only after the Architect of the
Capitol and the Capitol Police Board enter into an agreement
with the sponsor of the event, with each person owning a
vehicle to be displayed at the event, and with the
manufacturers of such vehicles that prohibits the sponsor and
the vehicle owners and manufacturer from using any photograph
taken at the event for a commercial purpose. The agreement
shall provide for financial penalties to be imposed if any
photograph is used in violation of this section.
The SPEAKER pro tempore, Mr. FOLEY, recognized Mr. GILCHREST and Mr.
OBERSTAR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. FOLEY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution authorizing the use of the Capitol Grounds for
an event displaying racing, restored, and customized motor vehicles and
transporters.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.53.11 impact aid amendments
Mr. CUNNINGHAM moved to suspend the rules and pass the bill (H.R.
3269) to amend the Impact Aid program to provide for a hold-harmless
with respect to amounts for payments relating to the Federal acquisition
of real property, and for other purposes.
The SPEAKER pro tempore, Mr. FOLEY, recognized Mr. CUNNINGHAM and Mrs.
MINK, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. FOLEY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.53.12 protection from sexually violent offenders
Mr. McCOLLUM moved to suspend the rules and pass the bill (H.R. 2137)
to amend the Violent Crime Control and Law Enforcement Act of 1994 to
require the release of relevant information to protect the public from
sexually violent offenders; as amended.
The SPEAKER pro tempore, Mr. FOLEY, recognized Mr. McCOLLUM and Mr.
CONYERS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FOLEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. ZIMMER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.53.13 interstate stalking punishment and prevention
Mr. McCOLLUM moved to suspend the rules and pass the bill (H.R. 2980)
to amend title 18, United States Code, with respect to stalking; as
amended.
The SPEAKER pro tempore, Mr. FOLEY, recognized Mr. McCOLLUM and Mr.
CONYERS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FOLEY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.53.14 providing for the consideration of h.r. 2974
Mr. DIAZ-BALART, by direction of the Committee on Rules, called up the
following resolution (H. Res. 421):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 2974) to amend the Violent Crime Control and
Law Enforcement Act of 1994 to provide enhanced penalties for
crimes against elderly and child victims. The first reading
of the bill shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause 7
of rule XIII are waived. General debate shall be confined to
the bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on the Judiciary. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
the Judiciary now printed in the bill. Each section of the
committee amendment in the nature of a substitute shall be
considered as read. Points of order against the amendment
printed in the report of the Committee on Rules accompanying
this resolution for failure to comply with clause 7 of rule
XVI are waived. During consideration of the bill for
amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an
[[Page 1025]]
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. DIAZ-BALART, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.53.15 providing for the consideration of h.r. 3120
Ms. GREENE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 422):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3120) to amend title 18, United States Code,
with respect to witness retaliation, witness tampering and
jury tampering. The first reading of the bill shall be
dispensed with. Points of order against consideration of the
bill for failure to comply with clause 7 of rule XIII are
waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
the Judiciary. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on the
Judiciary now printed in the bill. The committee amendment in
the nature of a substitute shall be considered as read.
During consideration of the bill for amendment, the Chairman
of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Ms. GREENE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.53.16 crimes against children and elderly persons
The SPEAKER pro tempore, Mr. FOLEY, pursuant to House Resolution 421
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2974) to amend the Violent Crime Control and Law Enforcement Act
of 1994 to provide enhanced penalties for crimes against elderly and
child victims.
The SPEAKER pro tempore, Mr. FOLEY, by unanimous consent, designated
Mr. LaTOURETTE as Chairman of the Committee of the Whole; and after some
time spent therein,
para.53.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. SLAUGHTER:
Page 4, line 2, after ``conduct'' insert ``, or is a victim
of an offense under section 2241(e) of title 18, United
States Code''.
Add at the end the following new section:
SEC. 5. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT
CASES.
Section 2241 of title 18, United States Code, is amended by
adding at the end the following:
``(e) Punishment for Sexual Predators.--(1) Whoever, in a
circumstance described in paragraph (2) of this subsection--
``(A) violates this section; or
``(B) engages in conduct that would violate this section,
if the conduct had occurred in the special maritime and
territorial jurisdiction of the United States, and--
``(i) that conduct is in interstate or foreign commerce;
``(ii) the person engaging in that conduct crossed a State
line with intent to engage in the conduct; or
``(iii) the person engaging in that conduct thereafter
engages in conduct that is a violation of section 1073(1)
with respect to an offense that consists of the conduct so
engaged in; shall be imprisoned for life.
``(2) The circumstance referred to in paragraph (1) of this
subsection is that the defendant has previously been
convicted of another State or Federal offense for conduct
which--
``(A) is an offense under this section or section 2242 of
this title; or
``(B) would have been an offense under either of such
sections if the offense had occurred in the special maritime
or territorial jurisdiction of the United States.''.
It was decided in the
Yeas
411
<3-line {>
affirmative
Nays
4
para.53.18 [Roll No. 146]
AYES--411
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
[[Page 1026]]
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--4
Scott
Waters
Watt (NC)
Williams
NOT VOTING--18
Brewster
Collins (IL)
Dunn
Ford
Gibbons
Gunderson
Hall (OH)
Harman
Hayes
McDade
Molinari
Mollohan
Roth
Solomon
Souder
Taylor (NC)
Tiahrt
Visclosky
So the amendment was agreed to.
After some further time,
para.53.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WATT of North
Carolina:
Page 3, beginning on line 9, strike subsection (a) and
insert the following:
``In General.--The United States Sentencing Commission
shall review the Federal sentencing guidelines to determine
an appropriate sentencing enhancement for crimes of violence
committed against vulnerable persons.
It was decided in the
Yeas
41
<3-line {>
negative
Nays
370
para.53.20 [Roll No. 147]
AYES--41
Barrett (WI)
Becerra
Bishop
Campbell
Clay
Clayton
Clyburn
Collins (MI)
Conyers
Coyne
Cummings
Dellums
Dixon
Fattah
Fields (LA)
Flake
Hastings (FL)
Hilliard
Jackson (IL)
Jefferson
Lewis (GA)
McDermott
Meek
Millender-McDonald
Payne (NJ)
Pelosi
Rangel
Rohrabacher
Roybal-Allard
Rush
Scarborough
Scott
Serrano
Stokes
Thompson
Towns
Velazquez
Waters
Watt (NC)
Williams
Wynn
NOES--370
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Flanagan
Foley
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--22
Beilenson
Boehner
Bonilla
Brown (CA)
Foglietta
Ford
Fowler
Gibbons
Gunderson
Harman
Hayes
Istook
McDade
Molinari
Mollohan
Moran
Owens
Roberts
Souder
Stark
Studds
Visclosky
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. HOBSON, assumed the Chair.
When Mr. LaTOURETTE, Chairman, pursuant to House Resolution 421,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution,
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crimes Against Children and
Elderly Persons Increased Punishment Act''.
SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
Section 240002 of the Violent Crime Control and Law
Enforcement Act of 1994 is amended to read as follows:
``SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.
``(a) In General.--The United States Sentencing Commission
shall amend the Federal sentencing guidelines to provide a
sentencing enhancement of not less than 5 levels above the
offense level otherwise provided for a crime of violence,
including those crimes of violence involving the environment,
if the crime of violence is against a child, elderly person,
or other vulnerable person. If the crime of violence is also
a sex crime against a child, the enhancement provided under
the preceding sentence shall be 6 instead of 5 levels.
``(b) Definitions.--As used in this section--
``(1) the term `crime of violence' has the meaning given
that term in section 16 of title 18, United States Code;
``(2) the term `child' means a person who is 14 years of
age, or younger;
``(3) the term `elderly person' means a person who is 65
years of age or older; and
``(4) the term `vulnerable person' means a person whom the
defendant knew or should have known was unusually vulnerable
due to age, physical or mental condition, or otherwise
particularly susceptible to the criminal conduct, or is a
victim of an offense under section 2241(e) of title 18,
United States Code.''.
SEC. 3. SHORT TITLE.
Section 4 may be cited as the ``Amber Hagerman Child
Protection Act of 1996''.
SEC. 4. INCREASED PENALTIES FOR FEDERAL SEX OFFENSES AGAINST
CHILDREN.
(a) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of
title 18, United States Code, is amended--
(1) by inserting ``whoever in interstate or foreign
commerce or'' before ``in the special'';
[[Page 1027]]
(2) by inserting ``crosses a State line with intent to
engage in a sexual act with a person who has not attained the
age of 12 years, or'' after ``Whoever''; and
(3) by adding at the end of the following: ``If the
defendant has previously been convicted of another Federal
offense under this subsection or under section 2243(a), or of
a State offense that would have been an offense under either
such provision had the offense occurred in a Federal prison,
unless the death penalty is imposed, the defendant shall be
sentenced to life in prison.''.
(b) Sexual Abuse of a Minor.--Section 2243(a) of title 18,
United States Code, is amended--
(1) by inserting ``whoever in interstate for foreign
commerce or'' before ``in the special'';
(2) by inserting ``crosses a State line with intent to
engage in a sexual act with a person who, or'' after
``Whoever''; and
(3) by adding at the end the following: ``If the defendant
has previously been convicted of another Federal offense
under this subsection or under section 2241(c), or of a State
offense that would have been an offense under either such
provision had the offense occurred in a Federal prison,
unless the death penalty is imposed, the defendant shall be
sentenced to life in prison.''.
SEC. 5. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT
CASES.
Section 2241 of title 18, United States Code, is amended by
adding at the end the following:
``(e) Punishment for Sexual Predators.--(1) Whoever, in a
circumstance described in paragraph (2) of this subsection--
``(A) violates this section; or
``(B) engages in conduct that would violate this section,
if the conduct had occurred in the special maritime and
territorial jurisdiction of the United States, and--
``(i) that conduct is in interstate or foreign commerce;
``(ii) the person engaging in that conduct crossed a State
line with intent to engage in the conduct; or
``(iii) the person engaging in that conduct thereafter
engages in conduct that is a violation of section 1073(1)
with respect to an offense that consists of the conduct so
engaged in;
shall be imprisoned for life.
``(2) The circumstance referred to in paragraph (1) of this
subsection is that the defendant has previously been
convicted of another State or Federal offense for conduct
which--
``(A) is an offense under this section or section 2242 of
this title; or
``(B) would have been an offense under either of such
sections if the offense had occurred in the special maritime
or territorial jurisdiction of the United States.''.
SEC. 6. PROHIBITIONS RELATING TO BODY ARMOR.
(a) Short Title.--This section may be cited as the ``James
Guelff Body Armor Act of 1996''.
(b) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidlines to
provide an appropriate sentencing enhancement for any crime
of violence against a vulnerable person (which for the
purposes of this section shall include a law enforcement
officer) as defined in section 240002 of the Violent Crime
Control and Law Enforcement Act of 1994 in which the
defendant used body armor.
(c) For purposes of this section--
(1) the term ``body armor'' means any product sold or
offered for sale as personal protective body covering
intended to protect against gunfire, regardless of whether
the product is to be worn alone or is sold as a complement to
another product or garment; and
(2) the term ``law enforcement officer'' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
SEC. 7. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR
ENHANCED PENALTIES FOR A DEFENDANT WHO COMMITS
A CRIME WHILE IN POSSESSION OF A FIREARM WITH A
LASER SIGHTING DEVICE.
Not later than May 1, 1997, the United States Sentencing
Commission shall, pursuant to its authority under section 994
of title 28, United States Code, amend the sentencing
guidelines (and, if the Commission considers it appropriate,
the policy statements of the Commission) to provide that a
defendant convicted of a crime of violence against a child,
elderly person, or other vulnerable person (as such terms are
defined in section 240002(b) of the Violent Crime Control and
Law Enforcement Act of 1994) shall receive an appropriate
sentence enhancement if, during the crime--
(1) the defendant possessed a firearm equipped with a laser
sighting device; or
(2) the defendant possessed a firearm, and the defendant
(or another person at the scene of the crime who was aiding
in the commission of the crime) possessed a laser sighting
device capable of being readily attached to the firearm.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HOBSON, announced that the nays had it.
Mr. BUYER demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
414
<3-line {>
affirmative
Nays
4
para.53.21 [Roll No. 148]
AYES--414
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
[[Page 1028]]
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--4
Becerra
Scott
Waters
Watt (NC)
NOT VOTING--15
Beilenson
Ford
Gibbons
Gunderson
Harman
Hayes
McDade
Molinari
Mollohan
Owens
Souder
Stark
Studds
Visclosky
Yates
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.53.22 clerk to correct engrossment
On motion of Mr. McCOLLUM, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
instructed to correct cross references and section designations, and to
make any other clerical corrections that may be necessary.
para.53.23 order of business--votes during consideration of h.r. 3120
On motion of Mr. McCOLLUM, by unanimous consent,
Ordered, That during the consideration of the bill (H.R. 3120) to
amend title 18, United States Code, with respect to witness retaliation,
witness tampering and jury tampering, pursuant to House Resolution 422,
the chairman of the Committee of the Whole may postpone until a time
during further consideration in the Committee of the Whole a request for
a recorded vote on any amendment, and that the chairman of the Committee
of the Whole may reduce to not less than five minutes the time for
voting by electronic device on any postponed question that immediately
follows another vote by electronic device without intervening business,
provided that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen minutes.
para.53.24 providing for the consideration of h.r. 2406
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-564) the resolution (H. Res. 426) providing for the consideration of
the bill (H.R. 2406) to repeal the United States Housing Act of 1937,
deregulate the public housing program and the program for rental housing
assistance for low-income families, and increase community control over
such programs, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.53.25 providing for the consideration of h.r. 3322
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-565) the resolution (H. Res. 427) providing for the consideration of
the bill (H.R. 3322) to authorize appropriations for fiscal year 1997
for civilian science activities of the Federal Government, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.53.26 providing for the consideration of h.r. 3286
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-566) the resolution (H. Res. 428) providing for the consideration of
the bill (H.R. 3286) to help families defray adoption costs, and to
promote the adoption of minority children.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.53.27 private calendar business dispensed with
On motion of Mr. McCOLLUM, by unanimous consent,
Ordered, That business in order today under clause 6, rule XXIV, the
Private Calendar rule, be dispensed with.
para.53.28 h.r. 2137--unfinished business
The SPEAKER pro tempore, Mr. HOBSON, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 2137) to amend the Violent Crime Control and Law
Enforcement Act of 1994 to require the release of relevant information
to protect the public from sexually violent offenders; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
418
<3-line {>
affirmative
Nays
0
para.53.29 [Roll No. 149]
YEAS--418
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
[[Page 1029]]
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Beilenson
Ford
Gibbons
Gunderson
Harman
Hayes
McDade
Molinari
Mollohan
Owens
Souder
Stark
Studds
Visclosky
Yates
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.53.30 witness and jury tampering
The SPEAKER pro tempore, Mr. HOBSON, pursuant to House Resolution 422
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3120) to amend title 18, United States Code, with respect to
witness retaliation, witness tampering and jury tampering.
The SPEAKER pro tempore, Mr. HOBSON, by unanimous consent, designated
Mr. LaTOURETTE as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. SHADDEGG, assumed the Chair.
When Mr. LaTOURETTE , Chairman, pursuant to House Resolution 422,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
That title 18, United States Code, is amended--
(1) in section 1513--
(A) by redesignating subsection (c) as subsection (d); and
(B) by adding at the end the following:
``(c) If the retaliation occurred because of attendance at
or testimony in a criminal case, the maximum term of
imprisonment which may be imposed for the offense under this
section shall be the higher of that otherwise provided by law
or the maximum term that could have been imposed for any
offense charged in such case.'';
(2) in section 1512, by adding at the end the following:
``(i) If the offense under this section occurs in
connection with a trial of a criminal case, the maximum term
of imprisonment which may be imposed for the offense shall be
the higher of that otherwise provided by law or the maximum
term that could have been imposed for any offense charged in
such case.''; and
(3) in section 1503(a), by adding at the end the following:
``If the offense under this section occurs in connection with
a trial of a criminal case, and the act in violation of this
section involves the threat of physical force or physical
force, the maximum term of imprisonment which may be imposed
for the offense shall be the higher of that otherwise
provided by law or the maximum term that could have been
imposed for any offense charged in such case.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SHADDEGG, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.53.31 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
May 6, 1996:
H.R. 2064. An Act to grant the consent of Congress to an
amendment of the Historic Chatahoochee Compact between the
States of Alabama and Georgia; and
H.R. 2243. An Act to amend the Trinity River Basin Fish and
Wildlife Management Act of 1984, to extend for three years
the availability of moneys for the restoration of fish and
wildlife in the Trinity River, and for other purposes.
para.53.32 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. MOLINARI, for today and the balance of the week; and
To Mr. McDADE, for today.
And then,
para.53.33 adjournment
On motion of Mr. FOX, at 11 o'clock and 1 minute p.m., the House
adjourned.
para.53.34 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 3269. A bill to amend the impact aid
program to provide for a hold-harmless with respect to
amounts for payments relating to the Federal acquisition of
real property and for other purposes (Rept. No. 104-560).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 2066. A bill to amend the National School
Lunch Act to provide greater flexibility to schools to meet
the dietary guidelines for Americans under the school lunch
and school breakfast programs; with an amendment (Rept. No.
104-561). Referred to the Committee of the Whole House on the
State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2464. A
bill to amend Public Law 103-93 to provide additional lands
within the State of Utah for the Goshute Indian Reservation,
and for other purposes (Rept. No. 104-562). Referred to the
Committee of the Whole House on the State of the Union.
Mr. SPENCE: Committee on National Security. H.R. 3230. A
bill to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 1997,
and for other purposes; with amendments (Rept. No. 104-563).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. DREIER: Committee on Rules. House Resolution 426.
Resolution providing for consideration of the bill (H.R.
2406) to repeal the United States Housing Act of 1937,
deregulate the public housing program and the program for
rental housing assistance for low-income families, and
increase community control over such programs, and for other
purposes (Rept. No. 104-564). Referred to the House Calendar.
Ms. GREENE of Utah: Committee on rules. House Resolution
427. Resolution providing for consideration of the bill (H.R.
3322) to authorize appropriations for fiscal year 1997 for
civilian science activities of the Federal Government, and
for other purposes (Rept. No. 104-565). Referred to the House
Calendar.
Ms. PRYCE: Committee on Rules. House Resolution 428.
Resolution providing for consideration of the bill (H.R.
3286) to help families defray adoption costs, and to promote
the adoption of minority children (Rept. No. 104-566).
Referred to the House Calendar.
para.53.35 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FOX (for himself, Mr. Lantos, Mr. Abercrombie,
Mr. Andrews, Mr. Ballenger, Mr. Bryant of Tennessee,
Mr. Calvert, Mr. Campbell, Mr. Chabot, Mr. Dellums,
Mr. Doyle, Mr. Engel, Mr. Farr, Mr. Foley, Mr.
Heineman, Mr. Holden, Mr. Horn, Mr. Jacobs, Mrs.
Kelly, Mr. Kleczka, Mr. LaTourette, Mr. Leach, Mr.
Lewis of Georgia, Mr. Lipinski, Ms. Lofgren, Mr.
Manton, Mr. Miller of California, Mrs. Mink of
Hawaii, Mr. Pallone, Mr. Smith of New Jersey, Mr.
Torres, Mr. Poshard, and Mr. Barcia of Michigan):
H.R. 3393. A bill to amend the Animal Welfare Act to
prevent the crime of pet theft; to the Committee on
Agriculture.
By Mr. LEWIS of California (for himself and Mr. Stump):
H.R. 3394. A bill to repeal the Low-Level Radioactive Waste
Policy Act and to provide new authority for the disposal of
low-level radioactive waste; to the Committee on Commerce.
By Mr. BENTSEN:
H.R. 3395. A bill to amend the Internal Revenue Code of
1986 to provide a temporary suspension of 4.3 cents per
gallon in the rates of tax on gasoline and diesel fuel; to
the Committee on Ways and Means.
By Mr. BARR (for himself, Mr. Largent, Mr.
Sensenbrenner, Mrs. Myrick, Mr. Volkmer, Mr. Skelton,
Mr. Bryant of Tennessee, and Mr. Emerson):
H.R. 3396. A bill to define and protect the institution of
marriage; to the Committee on the Judiciary.
By Mr. BARTON of Texas.
H.R. 3397. A bill to amend the Federal Election Campaign
Act of 1971 to require that contributions to candidates in
odd-numbered years be from individuals only; to the Committee
on House Oversight.
By Mr. CANADY (for himself, Mr. Brown of California,
Mr. Dornan, Mr. Hutchinson, Mr. Goss, Mr. Murtha, and
Mr. Foley):
[[Page 1030]]
H.R. 3398. A bill to amend the Animal Welfare Act to ensure
that all dogs and cats used by research facilities are
obtained legally; to the Committee on Agriculture.
By Mr. CASTLE (by request):
H.R. 3399. A bill to authorize appropriations for the
United States contribution to the 10th replenishment of the
resources of the International Development Association, to
authorize consent to and authorize appropriations for the
United States contribution to the fifth replenishment of the
resources of the African Development Bank, to authorize
consent to and authorize appropriations for a United States
contribution to the interest subsidy account of the successor
[ESAF II] to the Enhanced Structural Adjustment Facility of
the International Monetary Fund, and to provide for the
establishment of the Middle East Development Bank; to the
Committee on Banking and Financial Services, and in addition
to the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. CHRISTENSEN (for himself, Mr. Bereuter, Mr.
Barrett of Nebraska, and Mr. Gilchrest):
H.R. 3400. A bill to designate the United States courthouse
to be constructed at a site on 18th Street between Dodge and
Douglas Streets in Omaha, NE, as the ``Roman L. Hruska United
States Courthouse''; to the Committee on Transportation and
Infrastructure.
By Mr. FAZIO of California:
H.R. 3401. A bill to allow postal patrons to contribute to
funding for breast-cancer research through the voluntary
purchase of certain specially issued U.S. postage stamps; to
the Committee on Government Reform and Oversight, and in
addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FILNER:
H.R. 3402. A bill to amend section 8 of the United States
Housing Act of 1937 to provide for rental assistance payments
to assist certain owners of manufactured homes who rent the
lots on which their homes are located; to the Committee on
Banking and Financial Services.
By Mr. FRANK of Massachusetts:
H.R. 3403. A bill to amend title III of the Job Training
Partnership Act to provide employment and training assistance
for individuals who work full time at a plant, facility, or
enterprise that is a part of an economically depressed
industry and is located in an economically depressed area; to
the Committee on Economic and Educational Opportunities.
By Mr. McINTOSH:
H.R. 3404. A bill to amend title VI of the Housing and
Community Development Act of 1974 to establish a consensus
committee for maintenance and revision of the Federal
manufactured home construction and safety standards, and for
other purposes; to the Committee on Banking and Financial
Services.
By Mr. MEEHAN:
H.R. 3405. A bill to designate a portion of the Sudbury,
Assabet, and Concord Rivers as a Component of the National
Wild and Scenic Rivers System; to the Committee on Resources.
By Mr. ROEMER (for himself, Mr. Royce, Mr. Calvert, Mr.
Gonzalez, Mr. Heineman, Mr. Vento, Mr. Baker of
California, Mr. King, Mr. Lewis of California, Mr.
McCollum, Mr. Kanjorski, Mr. Rohrabacher, Mr.
Stearns, Mr. Bono, Mr. Dooley, Mr. Bentsen, Mr.
Largent, Mr. Minge, Mr. Barrett of Wisconsin, Mr.
Bilirakis, and Mr. Linder):
H.R. 3406. A bill to amend the Housing and Community
Development Act of 1974 to establish a consensus committee
for development, revision, and interpretation of manufactured
housing construction standards; to the Committee on Banking
and Financial Services.
By Mr. ROTH:
H.R. 3407. A bill to establish the Thrift Charter Merger
Commission, and for other purposes; to the Committee on
Banking and Financial Services, and in addition to the
Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SCARBOROUGH:
H.R. 3408. A bill to amend title 10, United States Code, to
revise the provisions of law relating to payment of retired
pay of retired members of the Armed Forces to former spouses,
and for other purposes; to the Committee on National
Security.
By Mr. SCHUMER (for himself and Mr. Conyers):
H.R. 3409. A bill to combat domestic terrorism; to the
Committee on the Judiciary.
By Mr. THORNBERRY:
H.R. 3410. A bill to amend the Internal Revenue Code of
1986 to encourage production of oil and gas within the United
States, to ease regulatory burdens, and for other purposes;
to the Committee on Ways and Means, and in addition to the
Committee on Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. GINGRICH:
H. Con. Res. 172. Concurrent resolution authorizing the
1996 Summer Olympic Torch Relay to be run through the Capitol
Grounds, and for other purposes; to the Committee on
Transportation and Infrastructure.
para.53.36 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 127: Mr. Edwards, Mr. Boucher, Mr. Stark, Mr. Ehrlich,
Mr. Hastings of Washington, Mr. Torkildsen, and Mrs. Clayton.
H.R. 294: Mr. Jackson, Mr. Blute, and Mr. Kennedy of
Massachusetts.
H.R. 773: Mr. White.
H.R. 991: Mr. Luther.
H.R. 1024: Mr. Weldon of Florida and Mrs. Myrick.
H.R. 1209: Mr. Hoke.
H.R. 1210: Mr. Filner.
H.R. 1246: Ms. Waters, Mr. Fattah, Mrs. Schroeder, Mr.
Romero-Barcelo, Mr. Rahall, Mr. Miller of California, Ms.
Lofgren, Mr. Barrett of Wisconsin, Mr. Thompson, Ms. Pelosi,
Mr. Kanjorski, and Mr. Moran.
H.R. 1352: Mr. Packard.
H.R. 1406: Mr. Spratt and Ms. Harman.
H.R. 1462: Mr. Gilchrest, Mr. Portman, Mr. Campbell, Mr.
Bryant of Texas, Mr. Martinez, Ms. Pryce, and Mr. Williams.
H.R. 1482: Mr. Ney.
H.R. 1483: Mr. Ney, Mr. Boehlert, Ms. Slaughter, and Mr.
Solomon.
H.R. 1500: Mr. Campbell.
H.R. 1618: Mr. Ney, Mr. Cooley, and Mr. Lucas.
H.R. 1625: Mr. Crane.
H.R. 1711: Mr. Klug, Mr. Quinn, and Mr. Dickey.
H.R. 1776: Mr. Lewis of California, Mr. Deal of Georgia,
Mr. Fawell, Mr. Oxley, Mr. Bilirakis, Mr. Bass, Mr. Collins
of Georgia, Mr. Doolittle, Mr. Boehner, Mr. Goodling, Mr.
Hastert, Mr. Walsh, Mr. Riggs, Mr. Wilson, Mr. Hutchinson,
Mr. Clement, Mr. Holden, Mr. Thornton, Mr. Kolbe, Mr. Studds,
Mr. Gekas, Mr. Meehan, Mr. Linder, Mr. Davis, and Mr. Hoke.
H.R. 1876: Mr. Torricelli and Mr. Hamilton.
H.R. 1889: Mr. Moran.
H.R. 1893: Mr. Kennedy of Rhode Island, Mr. Flake, Mr.
Traficant, and Mr. Barcia of Michigan.
H.R. 2011: Mr. Stark, Mr. Pastor, Mr. Peterson of
Minnesota, Ms. Eshoo, and Mrs. Kelly.
H.R. 2026: Mr. LaHood, Mr. Thornton, Mr. Spratt, Mr. Farr,
Mrs. Morella, Mr. Hayes, Mr. Hefley, Mr. Laughlin, Mr.
McKeon, Mr. Cramer, Mr. Quillen, Mr. Dornan, Mr. Hutchinson,
and Mr. Diaz-Balart.
H.R. 2066: Mr. Lipinski, Ms. Woolsey, Mr. McKeon, and Mr.
Johnson of South Dakota.
H.R. 2167: Mr. Taylor of North Carolina.
H.R. 2214: Mr. Underwood, Mr. Manton, and Mr. Hinchey.
H.R. 2244: Mr. Baldacci, Mrs. Seastrand, Mr. Bereuter, Mrs.
Fowler, and Mr. Goodlatte.
H.R. 2270: Mr. Petri and Mr. Coburn.
H.R. 2400: Mr. Pallone and Mr. Weller.
H.R. 2416: Mr. Clinger.
H.R. 2618: Ms. Slaughter.
H.R. 2665: Ms. Slaughter.
H.R. 2682: Mr. Olver.
H.R. 2690: Mr. Minge.
H.R. 2727: Mr. Brownback and Mr. Packard.
H.R. 2757: Mr. Stark and Mr. Barr.
H.R. 2800: Ms. Norton.
H.R. 2827: Mr. Petri.
H.R. 2893: Mr. Thornton.
H.R. 2908: Mr. Cooley and Mr. Fazio of California.
H.R. 2928: Mr. Riggs.
H.R. 2930: Mr. Riggs.
H.R. 2938: Mr. Cooley and Mr. Bachus.
H.R. 2994: Mr. Hefner, Mr. Coyne, Mr. Murtha, and Mr.
Canady.
H.R. 3011: Mr. Heineman, Ms. Woolsey, and Mr. Conyers.
H.R. 3042: Ms. Norton and Mr. Baker of California.
H.R. 3059: Ms. Slaughter.
H.R. 3067: Mr. Berman, Ms. Lofgren, Ms. Roybal-Allard, Ms.
Waters, and Mr. McKeon.
H.R. 3079: Mr. Hilliard.
H.R. 3083: Mr. Hayworth and Mr. Norwood.
H.R. 3118: Mr. Watts of Oklahoma and Mr. Emerson.
H.R. 3123: Mr. Coburn and Mr. Emerson.
H.R. 3138: Mr. Nethercutt, Mrs. Thurman, Mr. Lipinski, and
Mr. Hefner.
H.R. 3142: Ms. Lofgren, Mr. Callahan, Mr. Moran, Mr.
Skelton, Mrs. Meek of Florida, Mr. Bishop, Mr. Doyle, Mr.
Boucher, Mr. McCollum, Mr. Allard, Mr. Spence, Mr. McCrery,
Mr. Hansen, Mr. Bentsen, Mr. Solomon, Mr. Wynn, Mr.
Funderburk, Mr. Manton, Mr. Tanner, and Mr. Faleomavaega.
H.R. 3172: Mr. Frazer, Mrs. Johnson of Connecticut, Ms.
Slaughter, and Mr. Brown of California.
H.R. 3173: Mr. Upton.
H.R. 3195: Mr. Ney.
H.R. 3199: Mr. Hutchinson, Mr. Stockman, Mr. Goodlatte, Mr.
Minge, Mr. Flanagan, Mr. Baker of California, and Mr. Rahall.
H.R. 3201: Mr. Cooley, Mrs. Seastrand, Mr. Shadegg, Mr. Sam
Johnson, Mr. Riggs, Mr. Canady, Mr. Minge, Mr. Flanagan, and
Mr. Hoekstra.
H.R. 3226: Mr. McHugh, Mr. Nethercutt, Mr. Roberts, Mr.
Torkildsen, Mrs. Lowey, Mr. LaFalce, Mrs. Maloney, Mr.
Clyburn, Mr. Hilliard, Mr. DeFazio, Mr. Sanders, Mr.
Foglietta, Mr. Ackerman, Ms. Lofgren, and Mr. Matsui.
H.R. 3246: Ms. Kaptur.
[[Page 1031]]
H.R. 3251: Mr. Barrett of Nebraska.
H.R. 3253: Mr. Rahall, Mr. Graham, Mr. McKeon, Mrs. Meek of
Florida, Mrs. Lincoln, Mr. Thornberry, Mr. Underwood, Mr.
Callahan, Mr. Menendez, Ms. Roybal-Allard, Mr. Walsh, Mr.
Livingston, Mr. Shuster, Mr. Neal of Massachusetts, Mr.
Buyer, Mr. Dingell, Mr. Davis, Ms. DeLauro, and Ms. Kaptur.
H.R. 3260: Mrs. Chenoweth, Mr. Cooley, Mr. Thornberry, and
Mr. Ganske.
H.R. 3261: Mr. Evans, Mr. Barrett of Wisconsin, and Mr.
Olver.
H.R. 3267: Mr. Rahall.
H.R. 3275: Mr. Hansen, Mr. Traficant, Mr. Skelton, Mr.
Canady, and Mr. Ehlers.
H.R. 3293: Mr. Shays, Mr. Markey, Mr. Sanders, Mr. Owens,
Mr. Foglietta, and Mr. Green of Texas.
H.R. 3294: Mr. LaFalce, Ms. Slaughter, and Ms. Roybal-
Allard.
H.R. 3299: Mr. Frazer.
H.R. 3311: Mr. Bryant of Texas, Mr. Conyers, Mr. Doyle, Mr.
Faleomavaega, Mr. Filner, Mr. Williams, Mr. Clay, and Mr.
Lewis of Georgia.
H.R. 3326: Mr. Skeen.
H.R. 3343: Mr. Crane.
H.R. 3348: Mr. English of Pennsylvania.
H.R. 3379: Mr. Smith of Texas, Mr. Hayes, Mr. Klug, Mr.
Lipinski, Mr. Hall of Texas, and Mr. Souder.
H.R. 3392: Mr. Dellums.
H.J. Res. 117: Mr. McDermott.
H. Con. Res. 10: Mr. McNulty.
H. Con. Res. 47: Mr. Boehlert and Mr. Goodlatte.
H. Con. Res. 95: Mr. Hastings of Florida, Mr. Diaz-Balart,
and Mr. Brown of Ohio.
H. Con. Res. 154: Mr. Rangel, Mr. Richardson, Mr. Baesler,
Mr. Berman, Mr. Lipinski, and Mr. Hilliard.
H. Con. Res. 160: Mr. Manton, Mr. Boehlert, Ms. Eshoo, Mr.
Jackson, Mr. Hilliard, Mr. Ballenger, and Mr. Hamilton.
H. Con. Res. 165: Mr. Holden, Mr. Murtha, Mr. Durbin, Mr.
Olver, Mr. Bono, Ms. Kaptur, and Mr. Bilirakis.
H. Con. Res. 167: Mr. Richardson, Mr. Porter, Mr. Berman,
Ms. Slaughter, Mr. Barrett of Wisconsin, and Mr. Pallone.
H. Con. Res. 169: Mr. Crane, Mr. Chrysler, Mr. Chabot, Mr.
Fawell, Mr. Hayworth, Mrs. Chenoweth, Mr. Heineman, Mr.
Frelinghuysen, Mr. Watts of Oklahoma, Mr. Istook, Mr. Goss,
Mr. Hutchinson, Mrs. Fowler, Mr. Sanford, Mr. Scarborough,
Mr. Solomon, Mr. Miller of Florida, Mr. Lewis of California,
Mr. Cooley, Mr. Hefley, and Mr. Bass.
H. Res. 358: Mr. Minge.
H. Res. 374: Mr. Hutchinson, Mrs. Meyers of Kansas, Mr.
Torkildsen, and Mr. Franks of New Jersey.
H. Res. 385: Mr. Frost, Ms. Furse, Mr. Hayworth, Mr. Pete
Geren of Texas, and Mr. Thompson.
.
WEDNESDAY, MAY 8, 1996 (54)
para.54.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HANSEN,
who laid before the House the following communication:
Washington, DC,
May 8, 1996.
I hereby designate the Honorable James V. Hansen to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.54.2 approval of the journal
The SPEAKER pro tempore, Mr. HANSEN, announced he had examined and
approved the Journal of the proceedings of Tuesday, May 7, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.54.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2864. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Milk in the New York-New Jersey and Middle Atlantic Marketing
Area; Suspension (DA-96-02 FR) received May 8, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
2865. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Amendment of General Regulations for Marketing Orders; Adding
Stipulation Procedures (FV-95-900-1 FR) received May 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2866. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Florida Grapefruit, Florida Oranges and Tangelos, and Florida
Tangerines; Grade Standards (Docket No. FV-93-301) received
May 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
2867. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Melons Grown in South Texas; Change in Cantaloup Container
Requirement (Docket No. FV96-979-1 FIR) received May 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2868. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a
report on the transfer of property to the Republic of Panama
under the Panama Canal Treaty of 1977 and related agreements,
pursuant to 22 U.S.C. 3784(b); to the Committee on National
Security.
2869. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Obligation Guarantees: Program Administration (RIN: 2133-
AB14) received May 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
2870. A letter from the Director, Office of Legislative
Affairs, Federal Deposit insurance Corporation, transmitting
the Corporations; final rule--Community Reinvestment Act
Regulations (RIN: 3064-AB27) received May 7, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
2871. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Reserve's final rule--
Community Reinvestment Act Regulations (12 CFR Part 228)
Docket No. R-0822--received May 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2872. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Reserve's final rule--
Uniform Rules and Practice and Procedure (Docket No. R-
0878)--received May 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2873. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Reserve's final rule--
Regulation K--International Banking Operations (Docket No. R-
0911 received May 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Banking and Financial Services.
2874. A letter from the Assistant Secretary of Education,
transmitting final priorities--Training personnel for the
Education of Individuals with Disabilities Program and
Program for Children and Youth with Serious Emotional
Disturbance, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Economic and Educational Opportunities.
2875. A letter from the Secretary of Education,
transmitting notice of Final Priorites--Special Studies
Program, pursuant to 20 U.S.C. 1232(d)(1); to the Committee
on Economic and Educational Opportunities.
2876. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the final regulations for the State
Vocational Rehabilitation Services Program--Order of
Selection--received May 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(B); to the Committee on Economic and Educational
Opportunities.
2877. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; New Mexico;
Supplement to the New Mexico State Implementation Plan [SIP]
to Control Air Pollution in Areas of Bernalillo County (FLR-
5500-7) received May 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2878. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Reduced Certification
Reporting Requirements for New Nonroad Engines (FLR-5502-5)
received May 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2879. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Withdrawal of Direct
Final Rule for Approval of Redesignation Request: South
Dakota (FLR-5502-1) received May 7, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2880. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Oil and
Hazardous Substances Contingency Plan; National Priorities
List Update (FLR-5468-7) received May 7, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2881. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rules--(1) Clean Air Act
Interim Approval of Operating Permits Program; Delegation of
Section 112 Standards; State of Massachusetts (FLR-5461-6),
(2) Clean Air Act Reclassification; Arizona-Phoenix
Nonattainment Area; PM10 (FRL-5503-7), (3) Hazardous Air
Pollutants; Amendment to Regulations Governing Equivalent
Emission Limitations by Permit (FRL-5503-3), and (4) Approval
and Promulgation of Air Quality Implementation Plans;
Delaware: Amendment of Final Rule Pertaining to Regulation
24--Control of Volatile Organic Compound Emissions, Section
47--Offset Lithographic Printing; Correction (FRL-5503-6)
received May 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2882. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment to the Commission's Rules Regarding a
Plan for Sharing the Costs of Microwave Relocation, First
Report and Order and Further Notice of Proposed Rule Making
(WT Docket No. 95-157, FCC 96-196) received May 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2883. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Ad
[[Page 1032]]
ministration's final rule--GRAS Status of Propylene Glycol;
Exclusion of Use in Cat Food (Docket No. 94G-0239) received
May 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
2884. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
2885. A letter from the Chairman, Armed Forces Retirement
Home Board, transmitting the annual report under the Federal
Managers' Financial Integrity Act for fiscal year 1995,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
2886. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Training
(RIN: 3206-AF99) received May 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
2887. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Retirement;
Alternative Forms of Annuity (RIN: 2900-AG65) received May 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
2888. A letter from the Deputy Associate Director from
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
2889. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rules--
Groundfish of the Bering Sea and Aleutian Islands Area;
Pacific Ocean Perch in the Western Aleutian District
(Modification of a closure) (Docket No. 960129019-6019-01;
I.D. 041596A) and Groundfish of the Bering Sea and Aleutian
Islands Area; Pacific Ocean Perch in the Western Aleutian
District (Closure) (Docket No. 960129019-6019-01; I.D.
041796A) received May 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
2890. A letter from the Secretary of Transportation,
transmitting the Department's study on tanker navigation
safety standards: Appropriate Crew Size study, pursuant to
Public Law 101-380, section 4111(c) (104 Stat. 516); to the
Committee on Transportation and Infrastructure.
2891. A letter from the Director, Office of Regulations
Management, Department of Veterans' Affairs, transmitting the
Department's final rule--Adjudication Regulations;
Miscellaneous (RIN: 2900-AH83) received May 8, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Veterans'
Affairs.
2892. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Revenue Ruling 96-25--received May 7, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
2893. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
Program; Payment for Federally Qualified Health Center
Services (RIN: 0938-AF14) received May 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); jointly, to the Committees on Commerce
and Ways and Means.
2894. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the Department's intent to reprogram $1.88
million of prior year deobligated Economic Support Funds made
available under chapter 4, part II of the FAA, as amended,
pursuant to 22 U.S.C. 2394-1(a); jointly, to the Committees
on International Relations and Appropriations.
para.54.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment a bill of the
House of the following title:
H.R. 1296. An Act to provide for the administration of
certain Presidio properties at minimal cost to the Federal
taxpayer.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 1467. An Act to authorize the construction of the Fort
Peck Rural County Water Supply System, to authorize
assistance to the Fort Peck Rural County Water District,
Inc., a nonprofit corporation, for the planning, design, and
construction of the water supply system, and for other
purposes.
para.54.5 committees and subcommittees to sit
On motion of Mr. SOLOMON, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Commerce, the Committee on Economic and Educational Opportunities, the
Committee on Government Reform and Oversight, the Committee on
International Relations, the Committee on Resources, the Committee on
Science, the Committee on Small Business, and the Committee on Veterans'
Affairs.
para.54.6 establish bosnia arms investigative select subcommittee
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 416):
Resolved, That (a) there is established a Select
Subcommittee on the United States Role in Iranian Arms
Transfers to Croatia and Bosnia (hereinafter referred to as
the ``select subcommittee'') of the Committee on
International Relations. The select subcommittee is
authorized to sit and act during this Congress at such times
and places within the United States, including any common-
wealth or possession thereof, or in any other country,
whether the House is in session or has adjourned.
(b) The select subcommittee shall be composed of 8 members
of the Committee on International Relations appointed by the
chairman of the Committee on International Relations, 5 of
whom shall be members of the majority party and 3 of whom
shall be appointed upon the recommendation of the ranking
minority party member of the committee. The chairman of the
Committee on International Relations shall designate one of
the majority party members as chairman. Any vacancy occurring
in the membership of the select subcommittee shall be filled
in the same manner in which the original appointment was
made.
(c) The select subcommittee is authorized and directed to
conduct a full and complete investigation, and to make such
findings and recommendations to the Committee on
International Relations as the select subcommittee deems
appropriate relating to the following matters:
(1) The policy of the United States Government with respect
to the transfer of arms and other assistance from Iran or any
other country to countries or entities within the territory
of the former Federal Republic of Yugoslavia during any
period that an international arms embargo of the former
Yugoslavia was in effect.
(2) The nature and extent of the transfer of arms or other
assistance from Iran or any other country to countries or
entities within the territory of the former Federal Republic
of Yugoslavia during the period that an international arms
embargo of the former Yugoslavia was in effect.
(3) Any actions taken by the United States Government to
facilitate or to impede transfers described in paragraphs (1)
and (2).
(4) Any communications or representations made to the
Congress of the United States or the American people with
respect to the matters described in paragraph (1), (2), or
(3), with respect to the international arms embargo of the
former Yugoslavia, or with respect to efforts to modify and
terminate United States participation in that embargo.
(5) Any implication of the matters described in paragraphs
(1), (2), and (3) for the safety of United States Armed
Forces deployed in and around Bosnia, for the prompt
withdrawal of United States Armed Forces from Bosnia, for
relations between the United States and its allies, and for
United States efforts to isolate Iran.
(6) Any actions taken to review, analyze, or investigate
any of the matters described in paragraph (1), (2), (3), (4),
or (5), or to keep such matters from being revealed.
(7) All deliberations, discussions, or communications
within the United States Government relating to the matters
described in paragraph (1), (2), (3), (4), (5), or (6), and
all communications between the United States Government (or
any of its officers or employees) and other governments,
organizations, or individuals relating to such matters.
(d) The select subcommittee shall be deemed to be a
subcommittee of a standing committee of the House of
Representatives for all purposes of the Rules of the House,
including clause 2(m) of rule XI, but not for purposes of
clause 6(d) of rule X. The select subcommittee may sit while
the House is reading for amendment under the five-minute
rule.
(e)(1) The chairman of the select subcommittee, for
purposes of its investigation, may, upon consultation with
the ranking minority party member of the select subcommittee,
authorize the taking of affidavits and dispositions pursuant
to notice or subpoena, by a member of the select subcommittee
or of the staff of the Committee on International Relations
designated by the chairman of the select subcommittee, or
require the furnishing of information by interrogatory, under
oath administered by a person otherwise authorized by law to
administer oaths.
(2) The select subcommittee shall provide other committees
and Members of the House with access to information and
proceedings, under procedures adopted by the select
subcommittee consistent with clause 7(c) of rule XLVIII of
the Rules of the House of Representatives. However, the
select subcommittee may direct that particular matters or
classes of matter shall not be made available to any person
by its members, staff, or others, or may impose any other
restriction. The select subcommittee shall, as appropriate,
provide access to information and proceedings to the Speaker,
the majority leader, the minority leader, and their
appropriate cleared and designated staff.
(3) Authorized subpoenas may be signed by the chairman of
the select subcommittee.
(f) The select subcommittee shall transmit a report to the
Committee on International Relations not later than 6 months
after the date on which this resolution is agreed to.
[[Page 1033]]
The report shall contain a detailed statement of the findings
of the select subcommittee, together with its
recommendations.
(g) The select subcommittee shall cease to exist 6 months
after the date on which this resolution is agreed to.
When said resolution was considered.
After debate,
Mr. SOLOMON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. HANSEN, announced that the nays had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
227
When there appeared
<3-line {>
Nays
187
para.54.7 [Roll No. 150]
YEAS--227
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--187
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Wynn
Yates
NOT VOTING--19
Cox
Coyne
de la Garza
Ford
Greene (UT)
Hayes
Hostettler
McIntosh
Molinari
Montgomery
Owens
Payne (VA)
Riggs
Roemer
Roth
Tauzin
Visclosky
Wilson
Woolsey
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HANSEN, announced that the yeas had it.
Mr. FROST demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
224
<3-line {>
affirmative
Nays
187
para.54.8 [Roll No. 151]
AYES--224
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Quillen
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--187
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
[[Page 1034]]
Collins (MI)
Condit
Conyers
Costello
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--22
Cox
Coyne
de la Garza
Dickey
Ford
Greene (UT)
Hayes
Hostettler
Johnston
Leach
Molinari
Montgomery
Owens
Pryce
Quinn
Riggs
Roth
Talent
Tauzin
Visclosky
Whitfield
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.54.9 fund select subcommittee to investigate bosnia arms
Mr. DIAZ-BALART, by direction of the Committee on House Oversight,
called up the following privileged resolution (H. Res. 417):
Resolved, That (a) there shall be paid out of the
applicable accounts of the House of Representatives not more
than $1,200,000 for the expenses of the Select Subcommittee
on the United States Role in Iranian Arms Transfers to
Croatia and Bosnia (hereinafter in this resolution referred
to as the ``select subcommittee'') of the Committee on
International Relations, any part of which sum may be used
for procurement of consultant services under section 202(i)
of the Legislative Reorganization Act of 1946.
(b) Payments under this resolution shall be made on
vouchers authorized by the select subcommittee, signed by the
chairman of the Committee on International Relations, and
approved in the manner directed by the Committee on House
Oversight.
(c) Amounts shall be available under this resolution for
expenses incurred during the period beginning on the date on
which this resolution is agreed to and ending on the date on
which the select subcommittee ceases to exist or ending
immediately before noon on January 3, 1997, whichever first
occurs.
(d) Amounts made available under this resolution shall be
expended in accordance with regulations prescribed by the
Committee on House Oversight.
(e) The Committee on House Oversight shall have authority
to make adjustments in the amount under subsection (a), if
necessary to comply with an order of the President issued
under section 254 of the Balanced budget and emergency
Deficit Control Act of 1985 or to conform to any reduction in
appropriations for the purposes of such subsection.
When said resolution was considered.
The following amendment in the nature of a substitute reported from
the Committee on House Oversight was considered:
Strike out all after the resolving clause and insert:
Resolved, That (a) there shall be paid out of the
applicable accounts of the House of Representatives not more
than $995,000 for the expenses of the Select Subcommittee on
the United States Role in Iranian Arms Transfers to Croatia
and Bosnia (hereinafter in this resolution referred to as the
``select subcommittee'') of the Committee on International
Relations, any part of which sum may be used for procurement
of consultant services under section 202(i) of the
Legislative Reorganization Act of 1946.
(b) Payments under this resolution shall be made on
vouchers authorized by the select subcommittee, signed by the
chairman of the Committee on International Relations, and
approved in the manner directed by the Committee on House
Oversight.
(c) Amounts shall be available under this resolution for
expenses incurred during the period beginning on the date on
which this resolution is agreed to and ending on the date on
which the select subcommittee ceases to exist or ending
immediately before noon on January 3, 1997, whichever first
occurs.
(d) Amounts made available under this resolution shall be
expended in accordance with regulations prescribed by the
Committee on House Oversight.
(e) The Committee on House Oversight shall have authority
to make adjustments in the amount under subsection (a), if
necessary to comply with an order of the President issued
under section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 or to conform to any reduction in
appropriations for the purposes of such subsection.
After debate,
On motion of Mr. DIAZ-BALART, the previous question was ordered on the
amendment in the nature of a substitute and the resolution to their
adoption or rejection.
The question being put, viva voce,
Will the House agree to the amendment in the nature of a substitute?
The SPEAKER pro tempore, Mr. HANSEN, announced that the yeas had it.
So the amendment in the nature of a substitute was agreed to.
The question being put, viva voce,
Will the House agree to the resolution, as amended?
The SPEAKER pro tempore, Mr. HANSEN, announced that the yeas had.
Mr. FAZIO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
225
When there appeared
<3-line {>
Nays
203
para.54.10 [Roll No. 152]
YEAS--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--203
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
[[Page 1035]]
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Forbes
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
White
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--6
Coburn
de la Garza
Ford
Hostettler
Molinari
Scarborough
So the resolution, as amended, was agreed to.
A motion to reconsider the vote whereby said resolution, as amended,
was agreed to was, by unanimous consent, laid on the table.
para.54.11 providing for the consideration of h.r. 2406
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 426):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2406) to repeal the United States Housing Act
of 1937, deregulate the public housing program and the
program for rental housing assistance for low-income
families, and increase community control over such programs,
and for other purposes. The first reading of the bill shall
be dispensed with. General debate shall be confined to the
bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Banking and Financial Services. After general
debate the bill shall be considered for amendment under the
five-minute rule. It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
recommended by the Committee on Banking and Financial
Services now printed in the bill. The committee amendment in
the nature of a substitute shall be considered by title
rather than by section. The first two sections and each title
shall be considered as read. Points of order against the
committee amendment in the nature of a substitute for failure
to comply with clause 5(a) of rule XXI are waived. Before
consideration of any other amendment it shall be in order to
consider the amendment printed in the Congressional Record of
May 7, 1996, pursuant to clause 6 of rule XXIII, if offered
by Representative Lazio of New York or his designee. That
amendment shall be considered as read, shall be debatable for
ten minutes equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. All points of
order against that amendment are waived. If that amendment is
adopted, the bill, as amended, shall be considered as the
original bill for the purpose of further amendment. During
further consideration of the bill for amendment, the Chairman
of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. The Chairman of the Committee of the Whole may postpone
until a time during further consideration in the Committee of
the Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute
made in order as original text. The previous question shall
be considered as ordered on the bill and amendments thereto
to final passage without intervening motion except one motion
to recommit with or without instructions.
Sec. 2. After passage of H.R. 2406, it shall be in order to
take from the Speaker's table the bill S. 1260 and to
consider the Senate bill in the House. It shall be in order
to move to strike all after the enacting clause of the Senate
bill and to insert in lieu thereof the provisions of H.R.
2406 as passed by the House. All points of order against that
motion are waived. If the motion is adopted and the Senate
bill, as amended, is passed, then it shall be in order to
move that the House insist on its amendments to S. 1260 and
request a conference with the Senate thereon.
When said resolution was considered.
After debate,
Mr. DREIER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. BUNNING, announced that the yeas had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
218
When there appeared
<3-line {>
Nays
208
para.54.12 [Roll No. 153]
YEAS--218
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--208
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
[[Page 1036]]
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stockman
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--8
de la Garza
Ford
Franks (NJ)
Hostettler
Largent
Molinari
Seastrand
Smith (WA)
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BUNNING, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.54.13 housing for low-income families
The SPEAKER pro tempore, Mr. BUNNING, pursuant to House Resolution 426
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2406) to repeal the United States Housing Act of 1937, deregulate
the public housing program and the program for rental housing assistance
for low-income families, and increase community control over such
programs, and for other purposes.
The SPEAKER pro tempore, Mr. BUNNING, by unanimous consent, designated
Mr. GUNDERSON as Chairman of the Committee of the Whole; and after some
time spent therein,
para.54.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FIELDS of
Louisiana:
Page 14, strike line 18 and all that follows through page
16, line 18, and insert the following:
(A) In general.--In localities in which a local housing and
management authority is governed by a board of directors or
other similar body, not less than 25 percent of the members
of the board or body shall be individuals who are--
(i) residents of public housing dwelling units owned or
operated by the authority; or
(ii) members of assisted families under title III.
(B) Election and training.--Members of the board of
directors or other similar body by reason of subparagraph (A)
shall be selected for such membership in an election in which
only residents of public housing dwelling units owned or
operated by the authority and members of assisted families
under title III who are assisted by the authority are
eligible to vote. The authority shall provide such members
with training appropriate to assist them to carry out their
responsibilities as members of the board or other similar
body.
It was decided in the
Yeas
158
<3-line {>
negative
Nays
254
para.54.15 [Roll No. 154]
AYES--158
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Beilenson
Berman
Bevill
Bishop
Blute
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Durbin
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Geren
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Matsui
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Myers
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Peterson (FL)
Poshard
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sanders
Sawyer
Schumer
Scott
Serrano
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Whitfield
Williams
Woolsey
Wynn
Zimmer
NOES--254
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weller
[[Page 1037]]
White
Wicker
Wilson
Wolf
Young (AK)
Zeliff
NOT VOTING--21
Becerra
Bentsen
Chapman
de la Garza
Dooley
Gephardt
Gibbons
Hayes
Houghton
Johnson, Sam
Laughlin
McDade
Molinari
Oxley
Pelosi
Rangel
Schroeder
Weldon (PA)
Wise
Yates
Young (FL)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. HAYWORTH, assumed the Chair.
When Mr. GUNDERSON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.54.16 canada-united states interparliamentary group
The SPEAKER pro tempore, Mr. HAYWORTH, by unanimous consent, announced
that pursuant to the provisions of 22 United States Code 276d, the
Speaker appointed to the United States Delegation of the Canada-United
States Interparliamentary Group, Messrs. Dreier, Upton, Gibbons, de la
Garza, Oberstar, Johnston, Peterson of Minnesota, Ms. Danner, Messrs.
Underwood, and Frazer, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.54.17 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1467. An Act to authorize the construction of the Fort
Peck Rural County Water Supply System, to authorize
assistance to the Fort Peck Rural County Water District,
Inc., a nonprofit corporation, for the planning, design, and
construction of the water supply system, and for other
purposes; to the Committee on Resources.
para.54.18 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 641. An Act to amend the Public Health Service Act to
revise and extend programs established pursuant to the Ryan
White Comprehensive AIDS Resources Emergency Act of 1990.
para.54.19 leave of absence
By unanimous consent, leave of absence was granted to Mr. WELDON of
Pennsylvania, for today after 6:00 p.m. and balance of the week.
And then,
para.54.20 adjournment
On motion of Ms. JACKSON-LEE, at 11 o'clock and 1 minute p.m., the
House adjourned.
para.54.21 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1129. A
bill to amend the National Trails System Act to designate the
route from Selma to Montgomery as a National Historic Trail;
with an amendment (Rept. No. 104-567). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2982. A
bill to direct the Secretary of the Interior to convey the
Carbon Hill National Fish Hatchery to the State of Alabama
(Rept. No. 104-568). Referred to the Committee of the Whole
House on the State of the Union.
para.54.22 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SHADEGG:
H.R. 3411. A bill to protect the rights of the States and
the people from abuse by the Federal Government; to
strengthen the partnership and the intergovernmental
relationship between State and Federal Governments; to
restrain Federal agencies from exceeding their authority; to
enforce the 10th amendment to the Constitution; and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. WELLER:
H.R. 3412. A bill to require the Secretary of the Interior
to conduct a study of the feasibility of establishing Calumet
Ecological Park in the vicinity of Chicago, IL; to the
Committee on Resources.
By Mr. MARTINI (for himself and Mr. Franks of New
Jersey):
H.R. 3413. A bill to amend chapter 211 of title 49, United
States Code, with respect to hours of service of railroad
employees, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. CAMPBELL:
H.R. 3414. A bill to amend the Balanced Budget and
Emergency Deficit Control Act of 1985 to provide for a
sequestration of all budgetary accounts for fiscal year
1997--except Social Security, Federal retirement, and
interest on the debt--equal to 5 percent of the OMB baseline;
to the Committee on the Budget.
By Mrs. SEASTRAND (for herself, Mr. Riggs, Mr. Royce,
and Mr. Zimmer):
H.R. 3415. A bill to amend the Internal Revenue Code of
1986 to repeal the 4.3-cent increase in the transportation
motor fuels excise tax rates enacted by the Omnibus Budget
Reconciliation Act of 1993 and dedicated to the general fund
of the Treasury; to the Committee on Ways and Means, and in
addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Houghton, Mr. Herger, Mrs. Kennelly, Mr. Crane, Mr.
McCrery, Mr. Fox, Mr. Wilson, Mr. Rohrabacher, and
Mr. Calvert):
H.R. 3416. A bill to amend the Internal Revenue Code of
1986 to suspend the tax on ozone-depleting chemicals use as
propellants in metered-dose inhalers; to the Committee on
Ways and Means.
By Mr. GALLEGLY (for himself and Mr. Schiff):
H.R. 3417. A bill to remove a restriction on the authority
of the Secretary of Agriculture to enter into agreements with
other Federal agencies to acquire goods and services directly
related to improving or utilizing the firefighting capability
of the Forest Service; to the Committee on Agriculture.
By Mr. QUINN (for himself, Mr. Bachus, Mr. Doyle, Mr.
Filner, Mr. Buyer, Mr. Kennedy of Massachusetts, and
Mr. Stearns):
H.R. 3418. A bill to amend title 38, United States Code, to
provide authority for the Secretary of Veterans Affairs to
extend priority health care to veterans who served during the
Persian Gulf war in Israel or Turkey; to the Committee on
Veterans' Affairs.
By Mr. VENTO:
H.R. 3419. A bill to require the Federal Communications
Commission to prescribe rules to protect public safety by
preventing broadcasts that create hazards for motorists; to
the Committee on Commerce.
By Ms. JACKSON-LEE:
H.R. 3420. A bill to amend the Internal Revenue Code of
1986 to suspend the 4.3-cent general revenue portion of the
fuel excise taxes; to the Committee on Ways and Means, and in
addition to the Committee on National Security, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. PELOSI (for herself, Mr. Bono, Mr. Gephardt, Mr.
Cox, Mr. Bonior, Mr. Solomon, Mr. Rangel, Mr. Gilman,
Mr. Hyde, Mr. Scarborough, Mr. Rohrabacher, Mr.
Abercrombie, Mr. Barton of Texas, Mr. Berman, Mr.
Borski, Mr. Brown of Ohio, Mr. Bryant of Texas, Mr.
Cardin, Mr. DeFazio, Ms. DeLauro, Mr. Dellums, Mr.
Dornan, Mr. Doyle, Mr. Durbin, Mr. Ehrlich, Ms.
Eshoo, Mr. Evans, Mr. Farr, Mr. Foglietta, Mr. Frank
of Massachusetts, Mr. Frost, Mr. Gejdenson, Mr.
Gonzalez, Mr. Gordon, Mr. Hastings of Florida, Mr.
Hinchey, Mr. Hobson, Ms. Jackson-Lee, Mr. Kanjorski,
Ms. Kaptur, Mr. King, Mr. Klink, Mr. Lantos, Mr.
Levin, Mr. Lewis of Georgia, Mr. Markey, Mr. Mascara,
Ms. McKinney, Mrs. Meek of Florida, Mr. Miller of
California, Mrs. Mink of Hawaii, Mr. Murtha, Mr.
Nadler, Mr. Obey, Mr. Olver, Mr. Porter, Mr.
Richardson, Mr. Rose, Mr. Rush, Mr. Sanders, Mr.
Schiff, Mrs. Schroeder, Mr. Sensenbrenner, Mr. Smith
of New Jersey, Mr. Stark, Mrs. Thurman, Mr. Waxman,
Mr. Wolf, and Ms. Woolsey):
H.R. 3421. A bill to require the imposition of increased
tariffs on certain products of the People's Republic of China
until the President certifies that that country is complying
with its agreement with the United States regarding
protection of intellectual property rights; to the Committee
on Ways and Means.
para.54.23 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 123: Mr. Pomeroy.
H.R. 163: Mr. Saxton.
H.R. 491: Mr. Torkildsen.
H.R. 500: Mr. Camp.
H.R. 739: Mr. English of Pennsylvania and Mr. Lewis of
Kentucky.
H.R. 790: Mr. Funderburk.
H.R. 833: Mr. Farr.
H.R. 1073: Mr. Scott, Mr. Bunn of Oregon, and Mr. Miller of
California.
H.R. 1074: Mr. Scott, Mr. Bunn of Oregon, and Mr. Miller of
California.
H.R. 1078: Mr. Hinchey.
H.R. 1227: Mr. Sensenbrenner.
H.R. 1386: Mr. Holden, Mr. Collins of Georgia, Mr. Clyburn,
Mr. Baldacci, Mr. Hastert, Mr. Brownback, and Mr. Porter.
H.R. 1483: Mr. McHugh.
H.R. 1512: Mr. Bonilla.
[[Page 1038]]
H.R. 1514: Mr. Frost, Mr. Camp, Mr. Shays, and Mr.
Gunderson.
H.R. 1552: Mr. Bunning of Kentucky, Mr. Horn, Mr. Franks of
Connecticut, Mr. Holden, Mr. McDermott, Mr. Emerson, Mr.
Upton, Mr. Dellums, Mr. Kleczka, Mr. Oxley, Mr. Baker of
California, Mr. Sabo, Mr. Inglis of South Carolina, Ms.
Rivers, Mr. Camp, Mrs. Meek of Florida, Mr. Bliley, Mr.
Hutchinson, Mr. Myers of Indiana, Mr. Filner, Mr. Hilliard,
Mr. Durbin, Mr. Barton of Texas, and Mr. Bateman.
H.R. 1656: Mr. Hilliard and Mr. Neal of Massachusetts.
H.R. 1662: Mr. Kildee, Mr. Rogers, Mr. Smith of Texas, Mr.
Tejeda, Mrs. Fowler, Mr. Hayes, Mr. Lipinski, Mr. Bonior, Mr.
Serrano, Mr. Traficant, Mr. Gonzalez, and Mr. Bentsen.
H.R. 1785: Mr. Lantos.
H.R. 1818: Mr. Calvert.
H.R. 1856: Mr. Goodling and Mrs. Kelly.
H.R. 2320: Mr. Cunningham, Mr. Miller of Florida, and Mr.
Hobson.
H.R. 2338: Mr. Bereuter, Mr. Foglietta, and Mr. Calvert.
H.R. 2342: Mr. Peterson of Minnesota and Mr. Dooley.
H.R. 2391: Mr. Sam Johnson, Mr. Calvert, and Mr. Fields of
Texas.
H.R. 2400: Mr. Hutchinson and Mr. LaFalce.
H.R. 2472: Mr. Yates and Mr. Levin.
H.R. 2548: Mr. Regula.
H.R. 2566: Mr. Dellums.
H.R. 2578: Mr. Stark and Mr. Faleomavaega.
H.R. 2579: Mr. Tanner, Mr. Goodlatte, and Mr. Shaw.
H.R. 2654: Mrs. Thurman.
H.R. 2682: Mr. Diaz-Balart.
H.R. 2705: Mr. Owens, Mr. Borski, Mr. Hilliard, Mr.
Gibbons, Ms. Waters, Mrs. Schroeder, Mr. Lewis of Georgia,
Mr. Jackson, Mr. Barrett of Wisconsin, Mr. Cummings, Mr.
Clyburn, Miss Collins of Michigan, Mrs. Collins of Illinois,
Mr. DeFazio, Mr. Doyle, Mr. Meek of Florida, and Mr. Towns.
H.R. 2864: Mr. Condit.
H.R. 2925: Mr. Porter, Mr. Brownback, and Mr. Funderburk.
H.R. 2927: Mr. Inglis of South Carolina.
H.R. 3002: Mr. Minge.
H.R. 3012: Mr. Ney, Mr. Collins of Georgia, Mr. Sanders,
Mrs. Thurman, Mr. Solomon, Mr. Wamp, Mr. Boehlert, Mr. Neal
of Massachusetts, Ms. Woolsey, Mr. Hansen, Mr. Bishop, Mr.
DeFazio, and Mr. Barton of Texas.
H.R. 3038: Mr. Montgomery, Mrs. Vucanovich, Mr. Peterson of
Minnesota, Mr. Holden, Mr. Rose, and Mr. Johnson of South
Dakota.
H.R. 3067: Mr. Flake, Mr. Dellums, and Mr. Torres.
H.R. 3083: Mr. Dreier.
H.R. 3090: Mr. Pallone, Mr. Klug, Mr. Beilenson, Ms.
Rivers, Mr. Lipinski, and Ms. Pelosi.
H.R. 3161: Mr. Cunningham.
H.R. 3180: Mr. Hall of Texas, Mr. Stenholm, Mr. de la
Garza, Ms. Eddie Bernice Johnson of Texas, and Mrs. Thurman.
H.R. 3181: Mr. Horn, Mr. Frazer, Ms. Lofgren, Mr.
Faleomavaega, Mr. Vento, Ms. McKinney, Mr. Kennedy of
Massachusetts, Ms. Pelosi, Mr. Lipinski, Mr. Canady, and Mr.
Barrett of Wisconsin.
H.R. 3199: Mr. Condit, Mr. Spence, Mr. Archer, and Mr.
Porter.
H.R. 3211: Mr. Ballenger, Mr. Barrett of Nebraska, Mr.
Hutchinson, Mr. Boehner, Mr. Inglis of South Carolina, Mr.
Christensen, Ms. Pryce, Mr. Bunning of Kentucky, Mr. Ehrlich,
Mr. Ramstad, and Mr. Hefley.
H.R. 3217: Mr. Bonior and Mr. Dellums.
H.R. 3222: Ms. Lofgren.
H.R. 3224: Mr. Canady and Mr. Calvert.
H.R. 3226: Mr. Foley, Mr. Farr, and Mr. Faleomavaega.
H.R. 3234: Mr. McIntosh, Mr. Bliley, Mr. Bateman, Mr. Kim,
Mr. Linder, Mr. McKeon, Mr. Funderburk, Mr. Bryant of
Tennessee, Mr. Talent, Mr. Nussle, Mr. Parker, Mr. Tauzin,
Mr. Burr, Mrs. Fowler, Mr. Inglis of South Carolina, Mr.
Ramstad, Mr. Canady, Mr. Campbell, Ms. Pryce, and Mr. Cooley.
H.R. 3247: Mr. Foglietta, Mr. de la Garza, Mr. Ackerman,
Mr. Clay, Mr. Fattah, Mr. Traficant, Mr. Stokes, Mr. Conyers,
Mr. Ford, Mr. Towns, and Mr. Pastor.
H.R. 3267: Mrs. Seastrand and Mr. Underwood.
H.R. 3300: Mr. Solomon and Mr. Stearns.
H.R. 3303: Mr. Gilman, Mr. Rohrabacher, Mrs. Seastrand, Mr.
Pete Geren of Texas, Mr. Green of Texas, and Mr. Jefferson.
H.R. 3372: Mr. Petri, Mr. Borski, Ms. Brown of Florida, and
Ms. Danner.
H.R. 3383: Mrs. Johnson of Connecticut.
H.R. 3384: Mr. Calvert.
H.R. 3391: Mr. Wicker, Mr. Klug, and Mr. Longley.
H.R. 3393: Mr. Flanagan, Mr. Clyburn, and Mr. Shays.
H.R. 3401: Mr. Matsui, Mr. Bryant of Texas, Mr. Doolittle,
Mr. Engel, Mr. Frost, Mr. Gutierrez, Ms. Lofgren, Mr. Camp,
Mr. Neal of Massachusetts, Ms. Eshoo, Mr. Green of Texas, and
Mr. Markey.
H. Con. Res. 160: Mr. Burton of Indiana, Mr. King, Mr.
Levin, and Mr. Flake.
H. Con. Res. 165: Mr. Menendez.
H. Res. 423: Mr. Davis, Mr. Brownback, Mr. Shays, Mr.
Neumann Mr. Bass, and Mr. Radanovich.
.
THURSDAY, MAY 9, 1996 (55)
The House was called to order by the SPEAKER.
para.55.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, May 8, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.55.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2895. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sheep and Wool Promotion, Research, Education, and
Information: Certification and Nomination Procedures for the
Proposed National Sheep Promotion, Research, and Information
Board (Board) (Docket No. LS-94-015A) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2896. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sheep Promotion, Research, and Information Program: Rules and
Regulations (Docket No. LS-95-010) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
2897. A letter from the Administrator, Foreign Agricultural
Service, transmitting the Service's final rule--Agreements
for the Development of Foreign Markets for Agricultural
Commodities (RIN: 0051-AA24) received May 9, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
2898. A letter from the Comptroller General of the United
States, transmitting a review of the President's fifth
special impoundment message for fiscal year 1996, pursuant to
2 U.S.C. 685 (H. Doc. No. 104-209); to the Committee on
Appropriations and ordered to be printed.
2899. A letter from the Deputy Secretary of Defense,
transmitting the Department's report on assistance to the Red
Cross for emergency communications services for members of
the Armed Forces and their families, pursuant to 10 U.S.C.
2602 note; to the Committee on National Security.
2900. A letter from the Under Secretary of Defense
(Acquisition and Technology), transmitting certification that
the standard missile 2 block IV major defense acquisition
program is essential to the national security; has no
alternative that would cost less; its new estimates are
reasonable; and its management structure is adequate,
pursuant to 10 U.S.C. 2433(e)(1); to the Committee on
National Security.
2901. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement; Cost
Reimbursement Rules for Indirect Costs--Private Sector (DFARS
Case 96-D303) received May 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
2902. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Educational Assistance: Technical
Amendments (RIN: 2900-AH59) received May 8, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on National Security.
2903. A letter from the Secretary of Defense, transmitting
the Secretary's certification that the current Future Years
Defense Program fully funds the support costs associated with
the Longbow Apache program, pursuant to 10 U.S.C.
2306(i)(1)(A); to the Committee on National Security.
2904. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
authorize consent to and authorize appropriations for the
United States contribution to the fifth replenishment of the
resources of the African Development Bank, pursuant to 31
U.S.C. 1110; to the Committee on Banking and Financial
Services.
2905. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
authorize consent to and authorize appropriations for a
United States contribution to the interest subsidy account of
the successor [ESAF II] to the Enhanced Structural Adjustment
Facility of the International Monetary Fund, pursuant to 31
U.S.C. 1110; to the Committee on Banking and Financial
Services.
2906. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
authorize appropriations for the U.S. contribution to the
10th replenishment of the resources of the International
Development Association, pursuant to 31 U.S.C. 1110; to the
Committee on Banking and Financial Services.
2907. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting the 82d annual report of
the Board of Governors of the Federal Reserve System covering
operations during calendar year 1995, pursuant to 12 U.S.C.
247; to the Committee on Banking and Financial Services.
2908. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Reserve's final rule--
Section 23A of the Federal Reserve Act--Definition of Capital
Stock and Surplus (Docket No. R-0902) received May 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
2909. A letter from the Assistant to the Board, Federal
Reserve System, transmit
[[Page 1039]]
ting the Reserve's final rule--Securities Credit
Transactions; Review of Regulation T, ``Credit by Brokers and
Dealers.'' (Docket No. R-0772) received May 7, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2910. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting copies
of the original reports of political contributions for the
following: Arlene Render, of Virginia, (Republic of Zambia);
Stanley N. Schrager, of Illinois, (Republic of Djibouti);
Alan R. McKee, of Maryland, (Kingdom of Swaziland); John F.
Hicks, of North Carolina, (State of Eritrea); and members of
their families, pursuant to 22 U.S.C. 3944(b)(2); to the
Committee on International Relations.
2911. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a
report on the efforts to train and equip the Federation of
Bosnia and Herzegovina military as part of an initiative to
enhance regional stability; to the Committee on International
Relations.
2912. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rules--(1)
Groundfish of the Bering Sea and Aleutian Islands Area; Rock
Sole/Flathead Sole/``Other Flatfish'' Fishery [Docket No.
960129019-6019-01; I.D. 041296A], (2) Groundfish of the
Bering Sea and Aleutian Islands Area; Atka Mackerel in the
Central Aleutian District [Docket No. 960129019-6019-01; I.D.
041296B], and (3) Groundfish of the Gulf of Alaska; Deep-
water Species Fishery by Vessels using Trawl Gear [Docket No.
960129018-6018-01; I.D. 041296C] received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
2913. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Pacific Coast Groundfish Fishery; Closure and Trip Limit
Reduction [Docket No. 951227306-5306-01; I.D. 043096A]
received May 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
2914. A letter from the Administrator, Environmental
Protection Agency, transmitting the Agency's study to
determine whether liners or other secondary means of
containment should be used to prevent leaking or to aid in
leak detection at onshore facilities used for bulk storage of
oil and located near navigable waters, pursuant to Public Law
101-380, section 4113(b) (104 Stat. 517); to the Committee on
Transportation and Infrastructure.
2915. A letter from the Secretary of Transportation,
transmitting the Department's report on the functions of the
Interstate Commerce Commission, pursuant to Public Law 103-
311, section 210(b) (108 Stat. 1689); to the Committee on
Transportation and Infrastructure.
2916. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Great Lakes Pilotage Methodology (RIN: 2105-AC21) received
May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2917. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Audits of State and Local Governments (RIN: 2105-AC44)
received May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2918. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Fire Island Lighthouse Fireworks Display, Fire
Island, NY (RIN: 2115-AA97) received May 9, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2919. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Boating Safety Parade; Charleston,
SC (RIN: 2115-AE46) received May 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2920. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations; Saginaw River, MI (RIN:
2115-AE47) received May 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2921. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulation: World's Fastest Lobster Boat Race,
Moosabec Reach, Jonesport, ME (RIN: 2115-AE46) received May
9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
2922. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Key West Super Boat Race; Key
West, FL (RIN: 2115-AE46) received May 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2923. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Hazardous Materials Transportation Regulations; Compatibility
with Regulations of the International Atomic Energy Agency
(RIN: 2137-AB60) received May 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2924. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Harvard-Yale Regatta, Thames
River, New London, CT (RIN: 2115-AE46) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2925. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Sensenich Propeller Manufacturing
Company Inc. Models M76EMM, 76EMMS, 76EM8, and 76 EM8S( )
Metal Propellers [Docket No. 95-ANE-03; Amendment 39-9583; AD
69-09-03 R3] (RIN: 2120-AA64) received May 9, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
2926. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; AlliedSignal, Inc. LTS101-600
Series Turboshaft Engines [Docket No. 95-ANE-12; Amendment
39-9609; AD 96-10-04] (RIN: 2120-AA64) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2927. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 737 Series Airplanes
[Docket No. 96-NM-84-AD; Amendment 39-9611; AD 96-10-06]
(RIN: 2120-AA64) received May 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2928. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Standards; Transport Category Rotorcraft
Performance (RIN: 2120-AB36) received May 9, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
2929. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Rotorcraft Regulatory Changes Based on European Joint
Aviation Requirements (RIN: 2120-AF65) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2930. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; John Day, OR--Docket No.
96-ANM-002 (RIN: 2120-AA66) (1996-0016) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2931. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Camp Guernsey, WY--Docket
No. 96-ANM-5 (RIN: 2120-AA66) (1996-0018) received May 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2932. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model MD-11
Series Airplanes [Docket No. 96-NM-77-AD; Amendment 39-9612;
AD 96-10-07] (RIN: 2120-AA64) received May 9, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
2933. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Exemption, Approval, Registration and Reporting Procedures;
Miscellaneous Provisions (RIN: 2137-AC63) received May 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2934. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Lifesaving Equipment (RIN: 2120-AA64) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2935. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the Administrator's
determination that it is in the public interest to use other
than competitive procedures for the acquisition of hardware,
software, and integration services necessary to implement the
integrated financial management [IFM] system, pursuant to 10
U.S.C. 2304(c)(7); to the Committee on Science.
2936. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Medical; Nonsubstantive
Miscellaneous Changes (RIN: 2900-AH95) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
2937. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
and Medicaid Programs; Conditions of Coverage for Organ
Procurement Organizations [OPOs] (RIN: 0938-AE48) received
May 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); jointly, to
the Committees on Ways and Means and Commerce.
para.55.3 committees and subcommittees to sit
Mr. ARMEY, pursuant to clause 2(i) of rule XI, moved that all
committees and subcommittees be permitted to sit during the 5-minute
rule today and the remainder of the week.
After debate,
On motion of Mr. ARMEY, the previous question was ordered.
The question being put, viva voce,
Will the House agree to said motion?
[[Page 1040]]
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. FRANK of Massachusetts objected to the vote on the ground that a
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
230
When there appeared
<3-line {>
Nays
182
para.55.4 [Roll No. 155]
YEAS--230
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
Zimmer
NAYS--182
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wilson
Woolsey
Wynn
Yates
NOT VOTING--21
Andrews
Brown (CA)
Chapman
de la Garza
Farr
Fields (TX)
Fowler
Goodling
Hefner
Houghton
Kaptur
Laughlin
Molinari
Paxon
Pomeroy
Schroeder
Torricelli
Weldon (PA)
Williams
Wise
Young (AK)
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.55.5 housing for low-income families
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 426
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2406) to repeal the United States Housing Act of 1937,
deregulate the public housing program and the program for rental housing
assistance for low-income families, and increase community control over
such programs, and for other purposes.
Mr. GUNDERSON, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
para.55.6 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
FRANK of Massachusetts:
Section 225(a) of the bill (as amended by the manager's
amendment), strike paragraph (2) of such section and insert
the following new paragraph:
``(2) Limitation.--Notwithstanding any other provision of
this subsection, the amount paid by a family for monthly rent
for a dwelling unit in public housing may not exceed 30
percent of the family's adjusted monthly income.''.
Section 322(a) of the bill (as amended by the manager's
amendment), strike paragraph (2) of such section and insert
the following new paragraph:
``(2) Limitation.--Except as provided in paragraph (3) and
notwithstanding any other provision of this subsection, the
amount paid by an assisted family for monthly rent for an
assisted dwelling unit may not exceed 30 percent of the
family's adjusted monthly income.''.
Section 352 of the bill (as amended by the manager's
amendment), strike subsection (a) and insert the following
new subsection:
``(a) Units Having Gross Rent Exceeding Payment Standard.--
In the case of an assisted family renting a dwelling unit
bearing a gross rent that exceeds the payment standard
established under section 353 for a dwelling unit of the
applicable size and location in the market area in which such
assisted dwelling unit is located, the amount of the monthly
assistance payment for housing assistance under this title on
behalf of such family shall be the amount by which such
payment standard exceeds the lesser of (1) the resident
contribution determined in accordance with section 322(a)(1),
or (2) 30 percent of the family's adjusted monthly income.''.
It was decided in the
Yeas
196
<3-line {>
negative
Nays
222
para.55.7 [Roll No. 156]
AYES--196
Abercrombie
Ackerman
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Fox
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
LaTourette
Levin
Lewis (GA)
Lincoln
Lipinski
Lowey
[[Page 1041]]
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Smith (NJ)
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Woolsey
Wynn
Yates
NOES--222
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Moran
Morella
Myers
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--15
Andrews
de la Garza
Frost
Hayes
Houghton
Laughlin
Molinari
Myrick
Paxon
Schroeder
Spratt
Stark
Torricelli
Weldon (PA)
Wise
So the amendment, as modified, was not agreed to.
After some further time,
para.55.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Ms.
VELAZQUEZ:
Amendment No. 33: Page 77, strikes lines 6 through 14 and
insert the following:
(A) except as provided in subparagraphs (B) and (C), shall
be an amount determined by the authority, which shall not
exceed $25;
(B) in cases in which a family demonstrates that payment of
the amount determined under subparagraph (A) would create
financial hardship on the family, as determined pursuant to
guidelines which the Secretary shall establish, shall be an
amount less than the amount determined under subparagraph (A)
(as determined pursuant to such guidelines); and
(C) in such other circumstances as may be provided by the
authority, shall be an amount less than the amount determined
under subparagraph (A).
Amendment No. 34: Page 157, line 10, after the semicolon
insert ``and''.
Page 157, strike lines 11 through 18 and insert the
following new paragraph:
(2)(A) except as provided in subparagraphs (B) and (C),
shall be an amount determined by the authority, which shall
not exceed $25;
(B) in cases in which a family demonstrates that payment of
the amount determined under subparagraph (A) would create
financial hardship on the family, as determined pursuant to
guidelines which the Secretary shall establish, shall be an
amount less than the amount determined under subparagraph (A)
(as determined pursuant to such guidelines); and
(C) in such other circumstances as may be provided by the
authority, shall be an amount less than the amount determined
under subparagraph (A).
It was decided in the
Yeas
126
<3-line {>
negative
Nays
297
para.55.9 [Roll No. 157]
AYES--126
Abercrombie
Ackerman
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Bonior
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Engel
Evans
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
LaFalce
Lewis (GA)
Lofgren
Lowey
Maloney
Manton
Markey
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Mink
Moakley
Nadler
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Tejeda
Thompson
Thornton
Torres
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
NOES--297
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Dickey
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kaptur
Kasich
Kelly
Kennelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roberts
Roemer
[[Page 1042]]
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Bevill
English
Houghton
Laughlin
Molinari
Paxon
Schroeder
Smith (TX)
Torricelli
Weldon (PA)
So the amendments en bloc were not agreed to.
After some further time,
para.55.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DURBIN:
At the end of title V of the bill, insert the following new
section:
SEC. 515. PROHIBITION AGAINST ILLEGAL POSSESSION OR DISCHARGE
OF FIREARMS IN PUBLIC HOUSING ZONES.
(a) Congressional Findings.--The Congress finds and
declares that--
(A) crime, particularly crime involving firearms, is a
pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the
interstate movement of firearms;
(C) firearms and ammunition move easily in interstate
commerce and illegal firearms have been found in increasing
numbers in and around public housing zones;
(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to
or through certain parts of the country due to concern about
violent crime and gun violence;
(F) the occurrence of violent crime in public housing zones
has resulted in a decline in the quality of public housing in
our country;
(G) this decline in the quality of public housing has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
(H) States, localities, and local housing and management
authorities find it almost impossible to handle gun-related
crime by themselves; even States, localities, and local
housing and management authorities that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
(I) the Congress has power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
public housing by enactment of this section.
(b) Prohibitions.--
(1) Possession.--It shall be unlawful for any person, in or
affecting interstate or foreign commerce, to possess a
firearm in violation of any other Federal law or of any State
or local law, at a place that the person knows is in a public
housing zone.
(2) Discharge.--
(A) In general.--It shall be unlawful for any person, in or
affecting interstate or foreign commerce, to discharge or
attempt to discharge a firearm, knowingly or with reckless
disregard for the safety of another, at a place that the
person knows is in a public housing zone.
(B) Exceptions.--Subparagraph (A) shall not apply to the
discharge of a firearm--
(i) by a person employed by a local housing and management
authority to provide security for a public housing
development in the public housing zone, acting within the
scope of such employment; or
(ii) by a law enforcement officer acting in his or her
official capacity.
(c) Penalties.--Whoever violates subsection (b) shall be
fined under title 18, United States Code, imprisoned for not
more than 5 years, or both. Notwithstanding any other
provision of law, a term of imprisonment imposed under this
subsection shall not run concurrently with any other term of
imprisonment imposed under any other provision of law. Except
for the authorization of a term of imprisonment of not more
than 5 years made in this subsection, for the purposes of any
other law a violation of subsection (b) shall be deemed to be
a misdemeanor.
(d) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) The terms ``firearm'', ``interstate or foreign
commerce'', ``person'', and ``whoever'', have the meanings
given such terms in section 921(a) of title 18, United States
Code.
(2) The term ``public housing zone'' means in or upon--
(A) the real property comprising the public housing
developments of any local housing and management authority;
or
(B) any public property which is at a distance of not more
than 1,000 feet from property referred to in subparagraph
(A).
(e) Effective Date.--This section shall apply to conduct
engaged in after the end of the 60-day period that begins
with the date of the enactment of this Act.
(f) Gun-Free Zone Signs.--Federal, State, and local
authorities (including local housing and management
authorities) are encouraged to cause signs to be posted
around public housing zones giving warning of the prohibition
against the illegal possession of a firearm in such zones.
It was decided in the
Yeas
106
<3-line {>
negative
Nays
318
para.55.11 [Roll No. 158]
AYES--106
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Beilenson
Berman
Boehlert
Bonior
Borski
Brown (OH)
Bryant (TX)
Cardin
Coleman
Conyers
Coyne
Cummings
Davis
DeLauro
Dellums
Dicks
Doggett
Dunn
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Foglietta
Ford
Furse
Gejdenson
Gibbons
Gutierrez
Hall (OH)
Harman
Hinchey
Horn
Jackson-Lee (TX)
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
LaFalce
Lantos
LaTourette
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Menendez
Millender-McDonald
Miller (CA)
Moakley
Moran
Morella
Nadler
Neal
Neumann
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Porter
Quinn
Reed
Regula
Rivers
Rose
Sawyer
Schumer
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Torres
Towns
Ward
Waxman
Woolsey
Wynn
Yates
Zimmer
NOES--318
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Miller (FL)
Minge
Mink
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Rangel
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
[[Page 1043]]
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--9
Bevill
Houghton
Laughlin
Molinari
Paxon
Schroeder
Smith (TX)
Torricelli
Weldon (PA)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. GUNDERSON, Chairman, pursuant to House Resolution 426,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
Mrs. MALONEY demanded a separate vote on the amendment numbered 21 as
printed in the Congressional Record of May 7, 1996 (Maloney amendment).
The question being put, viva voce,
Will the House agree to the following amendment on which a separate
vote had been demanded?
page 37, line 19, strike ``A'' and insert ``(a) In
General.--Except as provided in subsections (b) and (c), a''.
Page 37, line 25, strike ``Notwithstanding the preceding
sentence, pet'' and insert the following:
(b) Federally Assisted Rental Housing for the Elderly or
Disabled.--Pet
Page 38, after line 5, insert the following new subsection:
(c) Elderly Families in Public and Assisted housing.--
Responsible ownership of common household pets shall not be
denied any elderly or disabled family who resides in a
dwelling unit in public housing or an assisted dwelling unit
(as such term is defined in section 371), subject to the
reasonable requirements of the local housing and management
authority or the owner of the assisted dwelling unit, as
applicable. This subsection shall not apply to units in
public housing or assisted dwelling units that are located in
federally assisted rental housing for the elderly or
handicapped referred to in subsection (b).
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mrs. MALONEY demanded a recorded vote on agreeing to said amendment,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
375
<3-line {>
affirmative
Nays
48
para.55.12 [Roll No. 159]
AYES--375
Abercrombie
Ackerman
Allard
Andrews
Bachus
Baesler
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--48
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Bateman
Bonilla
Callahan
Campbell
Collins (GA)
Cox
DeLay
Doolittle
Ehlers
Gilchrest
Hancock
Hansen
Hoekstra
Hostettler
Inglis
Istook
Johnson, Sam
King
Largent
Lazio
Livingston
Lucas
McCrery
Moran
Neumann
Orton
Pombo
Rohrabacher
Roth
Sanford
Scarborough
Shadegg
Shuster
Smith (MI)
Souder
Stump
Thomas
Thornberry
Tiahrt
Walker
Watts (OK)
White
NOT VOTING--10
Bevill
Dickey
Hastert
Laughlin
Molinari
Paxon
Schroeder
Tanner
Torricelli
Weldon (PA)
So the amendment was agreed to.
The following amendment, as amended, was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United
States Housing Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Declaration of policy to renew American neighborhoods.
TITLE I--GENERAL PROVISIONS
Sec. 101. Statement of purpose.
Sec. 102. Definitions.
Sec. 103. Organization of local housing and management authorities.
Sec. 104. Determination of adjusted income and median income.
Sec. 105. Occupancy limitations based on illegal drug activity and
alcohol abuse.
Sec. 106. Community work and family self-sufficiency requirement.
Sec. 107. Local housing management plans.
Sec. 108. Review of plans.
Sec. 109. Reporting requirements.
Sec. 110. Pet ownership.
Sec. 111. Administrative grievance procedure.
Sec. 112. Headquarters reserve fund.
Sec. 113. Labor standards.
Sec. 114. Nondiscrimination.
Sec. 115. Prohibition on use of funds.
Sec. 116. Inapplicability to Indian housing.
Sec. 117. Effective date and regulations.
TITLE II--PUBLIC HOUSING
Subtitle A--Block Grants
Sec. 201. Block grant contracts.
Sec. 202. Block grant authority, amount, and eligibility.
Sec. 203. Eligible and required activities.
Sec. 204. Determination of grant allocation.
Sec. 205. Sanctions for improper use of amounts.
Subtitle B--Admissions and Occupancy Requirements
Sec. 221. Low-income housing requirement.
[[Page 1044]]
Sec. 222. Family eligibility.
Sec. 223. Preferences for occupancy.
Sec. 224. Admission procedures.
Sec. 225. Family rental payment.
Sec. 226. Lease requirements.
Sec. 227. Designated housing for elderly and disabled families.
Subtitle C--Management
Sec. 231. Management procedures.
Sec. 232. Housing quality requirements.
Sec. 233. Employment of residents.
Sec. 234. Resident councils and resident management corporations.
Sec. 235. Management by resident management corporation.
Sec. 236. Transfer of management of certain housing to independent
manager at request of residents.
Sec. 237. Resident opportunity program.
Subtitle D--Homeownership
Sec. 251. Resident homeownership programs.
Subtitle E--Disposition, Demolition, and Revitalization of Developments
Sec. 261. Requirements for demolition and disposition of developments.
Sec. 262. Demolition, site revitalization, replacement housing, and
choice-based assistance grants for developments.
Sec. 263. Voluntary voucher system for public housing.
Subtitle F--General Provisions
Sec. 271. Conversion to block grant assistance.
Sec. 272. Payment of non-Federal share.
Sec. 273. Definitions.
Sec. 274. Authorization of appropriations for block grants.
Sec. 275. Authorization of appropriations for operation safe home.
TITLE III--CHOICE-BASED RENTAL HOUSING AND HOMEOWNERSHIP ASSISTANCE FOR
LOW-INCOME FAMILIES
Subtitle A--Allocation
Sec. 301. Authority to provide housing assistance amounts.
Sec. 302. Contracts with LHMA's.
Sec. 303. Eligibility of LHMA's for assistance amounts.
Sec. 304. Allocation of amounts.
Sec. 305. Administrative fees.
Sec. 306. Authorizations of appropriations.
Sec. 307. Conversion of section 8 assistance.
Subtitle B--Choice-Based Housing Assistance for Eligible Families
Sec. 321. Eligible families and preferences for assistance.
Sec. 322. Resident contribution.
Sec. 323. Rental indicators.
Sec. 324. Lease terms.
Sec. 325. Termination of tenancy.
Sec. 326. Eligible owners.
Sec. 327. Selection of dwelling units.
Sec. 328. Eligible dwelling units.
Sec. 329. Homeownership option.
Sec. 330. Assistance for rental of manufactured homes.
Subtitle C--Payment of Housing Assistance on Behalf of Assisted
Families
Sec. 351. Housing assistance payments contracts.
Sec. 352. Amount of monthly assistance payment.
Sec. 353. Payment standards.
Sec. 354. Reasonable rents.
Sec. 355. Prohibition of assistance for vacant rental units.
Subtitle D--General and Miscellaneous Provisions
Sec. 371. Definitions.
Sec. 372. Rental assistance fraud recoveries.
Sec. 373. Study regarding geographic concentration of assisted
families.
TITLE IV--ACCREDITATION AND OVERSIGHT OF LOCAL HOUSING AND MANAGEMENT
AUTHORITIES
Subtitle A--Housing Foundation and Accreditation Board
Sec. 401. Establishment.
Sec. 402. Membership.
Sec. 403. Functions.
Sec. 404. Initial establishment of standards and procedures for LHMA
compliance.
Sec. 405. Powers.
Sec. 406. Fees.
Sec. 407. Reports.
Sec. 408. GAO Audit.
Subtitle B--Accreditation and Oversight Standards and Procedures
Sec. 431. Establishment of performance benchmarks and accreditation
procedures.
Sec. 432. Financial and performance audit.
Sec. 433. Accreditation.
Sec. 434. Classification by performance category.
Sec. 435. Performance agreements for authorities at risk of becoming
troubled.
Sec. 436. Performance agreements and CDBG sanctions for troubled
LHMA's.
Sec. 437. Option to demand conveyance of title to or possession of
public housing.
Sec. 438. Removal of ineffective LHMA's.
Sec. 439. Mandatory takeover of chronically troubled PHA's.
Sec. 440. Treatment of troubled PHA's.
Sec. 441. Maintenance of and access to records.
Sec. 442. Annual reports regarding troubled LHMA's.
Sec. 443. Applicability to resident management corporations.
TITLE V--REPEALS AND CONFORMING AMENDMENTS
Sec. 501. Repeals.
Sec. 502. Conforming and technical provisions.
Sec. 503. Amendments to Public and Assisted Housing Drug Elimination
Act of 1990.
Sec. 504. Treatment of certain projects.
Sec. 505. Amendments relating to community development assistance.
Sec. 506. Authority to transfer surplus real property for housing use.
Sec. 507. Rural housing assistance.
Sec. 508. Treatment of occupancy standards.
Sec. 509. Implementation of plan.
Sec. 510. Income eligibility for HOME and CDBG programs.
Sec. 511. Amendments relating to section 236 program.
Sec. 512. Prospective application of gold clauses.
Sec. 513. Moving to work demonstration for the 21st century.
Sec. 514. Occupancy screening and evictions from federally assisted
housing.
Sec. 515. Use of American products.
Sec. 516. Limitation on extent of use of loan guarantees for housing
purposes.
Sec. 517. Consultation with affected areas in settlement of litigation.
TITLE VI--NATIONAL COMMISSION ON HOUSING ASSISTANCE PROGRAMS COST
Sec. 601. Establishment.
Sec. 602. Membership.
Sec. 603. Organization.
Sec. 604. Functions.
Sec. 605. Powers.
Sec. 606. Funding.
Sec. 607. Sunset.
TITLE VII--NATIVE AMERICAN HOUSING ASSISTANCE
Sec. 701. Short title.
Sec. 702. Congressional findings.
Sec. 703. Administration through Office of Native American Programs.
Sec. 704. Definitions.
Subtitle A--Block Grants and Grant Requirements
Sec. 711. Block grants.
Sec. 712. Local housing plans.
Sec. 713. Review of plans.
Sec. 714. Treatment of program income and labor standards.
Sec. 715. Environmental review.
Sec. 716. Regulations.
Sec. 717. Effective date.
Sec. 718. Authorization of appropriations.
Subtitle B--Affordable Housing Activities
Sec. 721. National objectives and eligible families.
Sec. 722. Eligible affordable housing activities.
Sec. 723. Required affordable housing activities.
Sec. 724. Types of investments.
Sec. 725. Low-income requirement and income targeting.
Sec. 726. Certification of compliance with subsidy layering
requirements.
Sec. 727. Lease requirements and tenant selection.
Sec. 728. Repayment.
Sec. 729. Continued use of amounts for affordable housing.
Subtitle C--Allocation of Grant Amounts
Sec. 741. Annual allocation.
Sec. 742. Allocation formula.
Subtitle D--Compliance, Audits, and Reports
Sec. 751. Remedies for noncompliance.
Sec. 752. Replacement of recipient.
Sec. 753. Monitoring of compliance.
Sec. 754. Performance reports.
Sec. 755. Review and audit by Secretary.
Sec. 756. GAO audits.
Sec. 757. Reports to Congress.
Subtitle E--Termination of Assistance for Indian Tribes under
Incorporated Programs
Sec. 761. Termination of Indian public housing assistance under United
States Housing Act of 1937.
Sec. 762. Termination of new commitments for rental assistance.
Sec. 763. Termination of youthbuild program assistance.
Sec. 764. Termination of HOME program assistance.
Sec. 765. Termination of housing assistance for the homeless.
Sec. 766. Savings provision.
Sec. 767. Effective date.
Subtitle F--Loan Guarantees for Affordable Housing Activities
Sec. 771. Authority and requirements.
Sec. 772. Security and repayment.
Sec. 773. Payment of interest.
Sec. 774. Treasury borrowing.
Sec. 775. Training and information.
Sec. 776. Limitations on amount of guarantees.
Sec. 777. Effective date.
Subtitle G--Other Housing Assistance for Native Americans
Sec. 781. Loan guarantees for Indian housing.
Sec. 782. 50-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 783. Training and technical assistance.
Sec. 784. Effective date.
TITLE VIII--NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY
STANDARDS CONSENSUS COMMITTEE
Sec. 801. Short title; reference.
Sec. 802. Statement of purpose.
Sec. 803. Definitions.
Sec. 804. Federal manufactured home construction and safety standards.
Sec. 805. Abolishment of National Manufactured Home Advisory Council.
Sec. 806. Public information.
Sec. 807. Inspection fees.
Sec. 808. Elimination of annual report requirement.
Sec. 809. Effective date.
[[Page 1045]]
SEC. 2. DECLARATION OF POLICY TO RENEW AMERICAN
NEIGHBORHOODS.
The Congress hereby declares that--
(1) the Federal Government has a responsibility to promote
the general welfare of the Nation--
(A) by using Federal resources to aid families and
individuals seeking affordable homes that are safe, clean,
and healthy and, in particular, assisting responsible,
deserving citizens who cannot provide fully for themselves
because of temporary circumstances or factors beyond their
control;
(B) by working to ensure a thriving national economy and a
strong private housing market; and
(C) by developing effective partnerships among the Federal
Government, State and local governments, and private entities
that allow government to accept responsibility for fostering
the development of a healthy marketplace and allow families
to prosper without government involvement in their day-to-day
activities;
(2) the Federal Government cannot through its direct action
alone provide for the housing of every American citizen, or
even a majority of its citizens, but it is the responsibility
of the Government to promote and protect the independent and
collective actions of private citizens to develop housing and
strengthen their own neighborhoods;
(3) the Federal Government should act where there is a
serious need that private citizens or groups cannot or are
not addressing responsibly;
(4) housing is a fundamental and necessary component of
bringing true opportunity to people and communities in need,
but providing physical structures to house low-income
families will not by itself pull generations up from poverty;
(5) it is a goal of our Nation that all citizens have
decent and affordable housing; and
(6) our Nation should promote the goal of providing decent
and affordable housing for all citizens through the efforts
and encouragement of Federal, State, and local governments,
and by promoting and protecting the independent and
collective actions of private citizens, organizations, and
the private sector to develop housing and strengthen their
own neighborhoods.
TITLE I--GENERAL PROVISIONS
SEC. 101. STATEMENT OF PURPOSE.
The purpose of this Act is to promote safe, clean, and
healthy housing that is affordable to low-income families,
and thereby contribute to the supply of affordable housing,
by--
(1) deregulating and decontrolling public housing agencies,
which in this Act are referred to as ``local housing and
management authorities'', and thereby enable them to perform
as property and asset managers;
(2) providing for more flexible use of Federal assistance
to local housing and management authorities, allowing the
authorities to leverage and combine assistance amounts with
amounts obtained from other sources;
(3) facilitating mixed income communities;
(4) increasing accountability and rewarding effective
management of local housing and management authorities;
(5) creating incentives and economic opportunities for
residents of dwelling units assisted by local housing and
management authorities to work, become self-sufficient, and
transition out of public housing and federally assisted
dwelling units;
(6) recreating the existing rental assistance voucher
program so that the use of vouchers and relationships between
landlords and tenants under the program operate in a manner
that more closely resembles the private housing market; and
(7) remedying troubled local housing and management
authorities and replacing or revitalizing severely distressed
public housing developments.
SEC. 102. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) Disabled family.--The term ``disabled family'' means a
family whose head (or his or her spouse), or whose sole
member, is a person with disabilities. Such term includes 2
or more persons with disabilities living together, and 1 or
more such persons living with 1 or more persons determined
under the regulations of the Secretary to be essential to
their care or well-being.
(2) Drug-related criminal activity.--The term ``drug-
related criminal activity'' means the illegal manufacture,
sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use, of a controlled
substance (as such term is defined in section 102 of the
Controlled Substances Act).
(3) Elderly families and near elderly families.--The terms
``elderly family'' and ``near-elderly family'' mean a family
whose head (or his or her spouse), or whose sole member, is
an elderly person or a near-elderly person, respectively.
Such terms include 2 or more elderly persons or near-elderly
persons living together, and 1 or more such persons living
with 1 or more persons determined under the regulations of
the Secretary to be essential to their care or well-being.
(4) Elderly person.--The term ``elderly person'' means a
person who is at least 62 years of age.
(5) Family.--The term ``family'' includes a family with or
without children, an elderly family, a near-elderly family, a
disabled family, and a single person.
(6) Income.--The term ``income'' means, with respect to a
family, income from all sources of each member of the
household, as determined in accordance with criteria
prescribed by the applicable local housing and management
authority and the Secretary, except that the following
amounts shall be excluded:
(A) Any amounts not actually received by the family.
(B) Any amounts that would be eligible for exclusion under
section 1613(a)(7) of the Social Security Act.
(7) Local housing and management authority.--The term
``local housing and management authority'' is defined in
section 103.
(8) Local housing management plan.--The term ``local
housing management plan'' means, with respect to any fiscal
year, the plan under section 107 of a local housing and
management authority for such fiscal year.
(9) Low-income family.--The term ``low-income family''
means a family whose income does not exceed 80 percent of the
median income for the area, as determined by the Secretary
with adjustments for smaller and larger families, except that
the Secretary may, for purposes of this paragraph, establish
income ceilings higher or lower than 80 percent of the median
for the area on the basis of the authority's findings that
such variations are necessary because of unusually high or
low family incomes.
(10) Low-income housing.--The term ``low-income housing''
means dwellings that comply with the requirements--
(A) under subtitle B of title II for assistance under such
title for the dwellings; or
(B) under title III for rental assistance payments under
such title for the dwellings.
(11) Near-elderly person.--The term ``near-elderly person''
means a person who is at least 55 years of age.
(12) Person with disabilities.--The term ``person with
disabilities'' means a person who--
(A) has a disability as defined in section 223 of the
Social Security Act; or
(B) has a developmental disability as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act.
Such term shall not exclude persons who have the disease of
acquired immunodeficiency syndrome or any conditions arising
from the etiologic agent for acquired immunodeficiency
syndrome. Notwithstanding any other provision of law, no
individual shall be considered a person with disabilities,
for purposes of eligibility for public housing under title II
of this Act, solely on the basis of any drug or alcohol
dependence. The Secretary shall consult with other
appropriate Federal agencies to implement the preceding
sentence.
(13) Public housing.--The term ``public housing'' means
housing, and all necessary appurtenances thereto, that--
(A) is low-income housing or low-income dwelling units in
mixed income housing (as provided in section 221(c)(2)); and
(B)(i) is subject to an annual block grant contract under
title II; or
(ii) was subject to an annual block grant contract under
title II (or an annual contributions contract under the
United States Housing Act of 1937) which is not in effect,
but for which occupancy is limited in accordance with the
requirements under section 222(a).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(15) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States and Indian
tribes.
(16) Very low-income family.--The term ``very low-income
family'' means a low-income family whose income does not
exceed 50 percent of the median family income for the area,
as determined by the Secretary with adjustments for smaller
and larger families, except that the Secretary may, for
purposes of this paragraph, establish income ceilings higher
or lower than 50 percent of the median for the area on the
basis of the authority's findings that such variations are
necessary because of unusually high or low family incomes.
SEC. 103. ORGANIZATION OF LOCAL HOUSING AND MANAGEMENT
AUTHORITIES.
(a) Requirements.--For purposes of this Act, the terms
``local housing and management authority'' and ``authority''
mean any entity that--
(1) is--
(A) a public housing agency that was authorized under the
United States Housing Act of 1937 to engage in or assist in
the development or operation of low-income housing;
(B) authorized under this Act to engage in or assist in the
development or operation of low-income housing by any State,
county, municipality, or other governmental body or public
entity;
(C) an entity authorized by State law to administer choice-
based housing assistance under title III; or
(D) an entity selected by the Secretary, pursuant to
subtitle B of title IV, to manage housing; and
(2) complies with the requirements under subsection (b).
The term does not include any entity that is Indian housing
authority for purposes of the United States Housing Act of
1937 (as in effect before the enactment of this Act) or a
tribally designated housing entity, as such term is defined
in section 704.
(b) Governance.--
(1) Board of directors.--Each local housing and management
authority shall have a
[[Page 1046]]
board of directors or other form of governance as prescribed
in State or local law. No person may be barred from serving
on such board or body because of such person's residency in a
public housing development or status as an assisted family
under title III.
(2) Resident membership.--
(A) In general.--Except as provided in subparagraph (B), in
localities in which a local housing and management authority
is governed by a board of directors or other similar body,
the board or body shall include not less than 1 member who is
an elected public housing resident member (as such term is
defined in paragraph (5)). If the board includes 2 or more
resident members, at least 1 such member shall be a member of
an assisted family under title III.
(B) Exceptions.--The requirement in subparagraph (A) with
respect to elected public housing resident members and
resident members shall not apply to--
(i) any State or local governing body that serves as a
local housing and management authority for purposes of this
Act and whose responsibilities include substantial activities
other than acting as the local housing and management
authority, except that such requirement shall apply to any
advisory committee or organization that is established by
such governing body and whose responsibilities relate only to
the governing body's functions as a local housing and
management authority for purposes of this Act;
(ii) any local housing and management authority that owns
or operates less than 250 public housing dwelling units
(including any authority that does not own or operate public
housing);
(iii) any local housing and management authority in a State
in which State law specifically precludes public housing
residents or assisted families from serving on the board of
directors or other similar body of an authority; or
(iv) any local housing and management authority in a State
that requires the members of the board of directors or other
similar body of a local housing and management authority to
be salaried and to serve on a full-time basis.
(3) Full participation.--No local housing and management
authority may limit or restrict the capacity or offices in
which a member of such board or body may serve on such board
or body solely because of the member's status as a resident
member.
(4) Conflicts of interest.--The Secretary shall establish
guidelines to prevent conflicts of interest on the part of
members of the board or directors or governing body of a
local housing and management authority.
(5) Definitions.--For purposes of this subsection, the
following definitions shall apply:
(A) Elected public housing resident member.--The term
``elected public housing resident member'' means, with
respect to the local housing and management authority
involved, an individual who is a resident member of the board
of directors (or other similar governing body of the
authority) by reason of election to such position pursuant to
an election--
(i) in which eligibility for candidacy in such election is
limited to individuals who--
(I) maintain their principal residence in a dwelling unit
of public housing administered or assisted by the authority;
and
(II) have not been convicted of a felony and do not reside
in a household that includes an individual convicted of a
felony;
(ii) in which only residents of dwelling units of public
housing administered by the authority may vote; and
(iii) that is conducted in accordance with standards and
procedures for such election, which shall be established by
the Secretary.
(B) Resident member.--The term ``resident member'' means a
member of the board of directors or other similar governing
body of a local housing and management authority who is a
resident of a public housing dwelling unit owned,
administered, or assisted by the authority or is a member of
an assisted family (as such term is defined in section 371)
assisted by the authority.
(c) Establishment of Policies.--Any rules, regulations,
policies, standards, and procedures necessary to implement
policies required under section 107 to be included in the
local housing management plan for a local housing and
management authority shall be approved by the board of
directors or similar governing body of the authority and
shall be publicly available for review upon request.
SEC. 104. DETERMINATION OF ADJUSTED INCOME AND MEDIAN INCOME.
(a) Adjusted Income.--For purposes of this Act, the term
``adjusted income'' means, with respect to a family, the
difference between the income of the members of the family
residing in a dwelling unit or the persons on a lease and the
amount of any income exclusions for the family under
subsections (b) and (c), as determined by the local housing
and management authority.
(b) Mandatory Exclusions From Income.--In determining
adjusted income, a local housing and management authority
shall exclude from the annual income of a family the
following amounts:
(1) Elderly and disabled families.--$400 for any elderly or
disabled family.
(2) Medical expenses.--The amount by which 3 percent of the
annual family income is exceeded by the sum of--
(A) unreimbursed medical expenses of any elderly family;
(B) unreimbursed medical expenses of any nonelderly family,
except that this subparagraph shall apply only to the extent
approved in appropriation Acts; and
(C) unreimbursed reasonable attendant care and auxiliary
apparatus expenses for each handicapped member of the family,
to the extent necessary to enable any member of such family
(including such handicapped member) to be employed.
(3) Child care expenses.--Any reasonable child care
expenses necessary to enable a member of the family to be
employed or to further his or her education.
(4) Minors, students, and persons with disabilities.--$480
for each member of the family residing in the household
(other than the head of the household or his or her spouse)
who is under 18 years of age or is attending school or
vocational training on a full-time basis, or who is 18 years
of age or older and is a person with disabilities.
(5) Child support payments.--Any payment made by a member
of the family for the support and maintenance of any child
who does not reside in the household, except that the amount
excluded under this paragraph may not exceed $480 for each
child for whom such payment is made.
(c) Permissive Exclusions From Income.--In determining
adjusted income, a local housing and management authority
may, in the discretion of the authority, establish exclusions
from the annual income of a family. Such exclusions may
include the following amounts:
(1) Excessive travel expenses.--Excessive travel expenses
in an amount not to exceed $25 per family per week, for
employment- or education-related travel.
(2) Earned income.--An amount of any earned income of the
family, established at the discretion of the local housing
and management authority, which may be based on--
(A) all earned income of the family,
(B) the amount earned by particular members of the family;
(C) the amount earned by families having certain
characteristics; or
(D) the amount earned by families or members during certain
periods or from certain sources.
(3) Others.--Such other amounts for other purposes, as the
local housing and management authority may establish.
(d) Median Income.--In determining median incomes (of
persons, families, or households) for an area or establishing
any ceilings or limits based on income under this Act, the
Secretary shall determine or establish area median incomes
and income ceilings and limits for Westchester and Rockland
Counties, in the State of New York, as if each such county
were an area not contained within the metropolitan
statistical area in which it is located. In determining such
area median incomes or establishing such income ceilings or
limits for the portion of such metropolitan statistical area
that does not include Westchester or Rockland Counties, the
Secretary shall determine or establish area median incomes
and income ceilings and limits as if such portion included
Westchester and Rockland Counties.
SEC. 105. OCCUPANCY LIMITATIONS BASED ON ILLEGAL DRUG
ACTIVITY AND ALCOHOL ABUSE.
(a) Ineligibility Because of Eviction for Drug-Related
Criminal Activity.--Any tenant evicted from housing assisted
under title II or title III by reason of drug-related
criminal activity (as such term is defined in section 102)
shall not be eligible for any housing assistance under title
II or title III during the 3-year period beginning on the
date of such eviction, unless the evicted tenant successfully
completes a rehabilitation program approved by the local
housing and management authority (which shall include a
waiver of this subsection if the circumstances leading to
eviction no longer exist).
(b) Ineligibility of Illegal Drug Users and Alcohol
Abusers.--
(1) In general.--Notwithstanding any other provision of
law, a local housing and management authority shall establish
standards for occupancy in public housing dwelling units and
housing assistance under title II--
(A) that prohibit occupancy in any public housing dwelling
unit by, and housing assistance under title II for, any
person--
(i) who the local housing and management authority
determines is illegally using a controlled substance; or
(ii) if the local housing and management authority
determines that it has reasonable cause to believe that such
person's illegal use (or pattern of illegal use) of a
controlled substance, or abuse (or pattern of abuse) of
alcohol, may interfere with the health, safety, or right to
peaceful enjoyment of the premises by other residents of the
project; and
(B) that allow the local housing and management authority
to terminate the tenancy in any public housing unit of, and
the housing assistance under title II for, any person--
(i) who the local housing and management authority
determines is illegally using a controlled substance; or
(ii) whose illegal use of a controlled substance, or whose
abuse of alcohol, is determined by the local housing and
management authority to interfere with the health, safety, or
right to peaceful enjoyment of the premises by other
residents of the project.
(2) Consideration of rehabilitation.--In determining
whether, pursuant to paragraph (1), to deny occupancy or
assistance to any person based on a pattern of use of a
controlled substance or a pattern of abuse of alcohol, a
local housing and management authority may consider whether
such person--
(A) has successfully completed a supervised drug or alcohol
rehabilitation program
[[Page 1047]]
(as applicable) and is no longer engaging in the illegal use
of a controlled substance or abuse of alcohol (as
applicable);
(B) has otherwise been rehabilitated successfully and is no
longer engaging in the illegal use of a controlled substance
or abuse of alcohol (as applicable); or
(C) is participating in a supervised drug or alcohol
rehabilitation program (as applicable) and is no longer
engaging in the illegal use of a controlled substance or
abuse of alcohol (as applicable).
(c) Other Screening.--A local housing and management
authority may deny occupancy as provided in section 642 of
the Housing and Community Development Act of 1992.
(d) Limitation on Admission of Persons Convicted of Drug-
Related Offenses.--Notwithstanding any other provision of
law, each local housing and management authority shall
prohibit admission and occupancy to public housing dwelling
units by, and assistance under title III to, any person who,
after the date of the enactment of this Act, has been
convicted of illegal possession with intent to sell any
controlled substance (as such term is defined in the
Controlled Substances Act). This subsection may not be
construed to require the termination of tenancy or eviction
of any member of a household residing in public housing, or
the termination of assistance of any member of an assisted
family, who is not a person described in the preceding
sentence.
SEC. 106. COMMUNITY WORK AND FAMILY SELF-SUFFICIENCY
REQUIREMENT.
(a) Requirement.--Except as provided in subsection (c),
each local housing and management authority shall require, as
a condition of occupancy of a public housing dwelling unit by
a family and of providing housing assistance under title III
on behalf of a family, that each adult
member of the family shall contribute not less than 8 hours
of work per month within the community in which the family
resides. The requirement under this subsection shall be
incorporated in the terms of the tenant self-sufficiency
contract under subsection (b).
(b) Tenant Self-Sufficiency Contract.--
(1) Requirement.--Except as provided in subsection (c),
each local housing and management authority shall require, as
a condition of occupancy of a public housing dwelling unit by
a family and of providing housing assistance under title III
on behalf of a family, that each adult member of the family
who has custody of, or is responsible for, a minor living in
his or her care shall enter into a legally enforceable self-
sufficiency contract under this section with the authority.
(2) Contract terms.--The terms of a self-sufficiency
contract under this subsection shall be established pursuant
to consultation between the authority and the family and
shall include a plan for the resident's or family's residency
in housing assisted under this Act that provides--
(A) a date specific by which the resident or family will
graduate from or terminate tenancy in such housing;
(B) specific interim and final performance targets and
deadlines relating to self-sufficiency, which may relate to
education, school participation, substance and alcohol abuse
counseling, mental health support, jobs and skills training,
and any other factors the authority considers appropriate;
and
(C) any resources, services, and assistance relating to
self-sufficiency to be made available to the resident or
family.
(3) Incorporation into lease.--A self-sufficiency contract
under this subsection shall be incorporated by reference into
a lease under section 226 or 324, as applicable, and the
terms of such contract shall be terms of the lease for which
violation may result in--
(A) termination of tenancy, pursuant to section 226(4) or
325(a)(1), as applicable; or
(B) withholding of assistance under this Act.
The contract shall provide that the local housing and
management authority or the resident who is a party to the
contract may enforce the contract through an administrative
grievance procedure under section 111.
(4) Partnerships for self-sufficiency activities.--A local
housing and management authority may enter into such
agreements and form such partnerships as may be necessary,
with State and local agencies, nonprofit organizations,
academic institutions, and other entities who have experience
or expertise in providing services, activities, training, and
other assistance designed to facilitate low- and very-low
income families achieving self-sufficiency.
(5) Changed circumstances.--A self-sufficiency contract
under this subsection shall provide for modification in
writing and that the local housing and management authority
may for good cause or changed circumstances waive conditions
under the contract.
(6) Model contracts.--The Secretary shall, in consultation
with organizations and groups representing resident councils
and residents of housing assisted under this Act, develop a
model self-sufficiency contract for use under this
subsection. The Secretary shall provide local housing and
management authorities with technical assistance and advice
regarding such contracts.
(c) Exemptions.--A local housing and management authority
shall provide for the exemption, from the applicability of
the requirements under subsections (a) and (b)(1), of each
individual who is--
(1) an elderly person and unable, as determined in
accordance with guidelines established by the Secretary, to
comply with the requirement;
(2) a person with disabilities and unable (as so
determined) to comply with the requirement;
(3) working, attending school or vocational training, or
otherwise complying with work requirements applicable under
other public assistance programs, and unable (as so
determined) to comply with the requirement; or
(4) otherwise physically impaired, as certified by a
doctor, and is therefore unable to comply with the
requirement.
SEC. 107. LOCAL HOUSING MANAGEMENT PLANS.
(a) In General.--In accordance with this section, the
Secretary shall provide for each local housing and management
authority to submit to the Secretary a local housing
management plan under this section for each fiscal year that
describes the mission of the local housing and management
authority and the goals, objectives, and policies of the
authority to meet the housing needs of low-income families in
the jurisdiction of the authority.
(b) Procedures.--The Secretary shall establish requirements
and procedures for submission and review of plans and for the
contents of such plans. Such procedures shall provide for
local housing and management authorities to, at the option of
the authority, submit plans under this section together with,
or as part of, the comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez National
Affordable Housing Act (or any consolidated plan
incorporating such strategy) for the relevant jurisdiction
and for concomitant review of such plans.
(c) Contents.--A local housing management plan under this
section for a local housing and management authority shall
contain the following information relating to the upcoming
fiscal year for which the assistance under this Act is to be
made available:
(1) Financial resources.--An operating budget for the
authority that includes--
(A) a description of the financial resources available to
the authority;
(B) the uses to which such resources will be committed,
including eligible and required activities under section 203
to be assisted, housing assistance to be provided under title
III, and administrative, management, maintenance, and capital
improvement activities to be carried out; and
(C) an estimate of the market rent value of each public
housing development of the authority.
(2) Population served.--A statement of the policies of the
authority governing eligibility, admissions, and occupancy of
families with respect to public housing dwelling units and
housing assistance under title III, including--
(A) the requirements for eligibility for such units and
assistance and the method by which eligibility will be
determined and verified;
(B) the requirements for selection and admissions of
eligible families for such units and assistance, including
any preferences established under section 223 or 321(e) and
the criteria for selection under section 222(b) and (c);
(C) the procedures for assignment of families admitted to
dwelling units owned, operated, or assisted by the authority;
(D) any standards and requirements for occupancy of public
housing dwelling units and units assisted under title III,
including conditions for continued occupancy, termination of
tenancy, eviction, and termination of housing assistance
under section 321(g);
(E) the criteria under subsection (f) of section 321 for
providing and denying housing assistance under title III to
families moving into the jurisdiction of the authority;
(F) the fair housing policy of the authority; and
(G) the procedures for outreach efforts (including efforts
that are planned and that have been executed) to homeless
families and to entities providing assistance to homeless
families, in the jurisdiction of the authority.
(3) Rent determination.--A statement of the policies of the
authority governing rents charged for public housing dwelling
units and rental contributions of assisted families under
title III, including--
(A) the methods by which such rents are determined under
section 225 and such contributions are determined under
section 322;
(B) an analysis of how such methods affect--
(i) the ability of the authority to provide housing
assistance for families having a broad range of incomes;
(ii) the affordability of housing for families having
incomes that do not exceed 30 percent of the median family
income for the area; and
(iii) the availability of other financial resources to the
authority.
(4) Quality standards for maintenance and management.--A
statement of the standards and policies of the authority
governing maintenance and management of housing owned and
operated by the authority, and management of the local
housing and management authority, including--
(A) housing quality standards in effect pursuant to
sections 232 and 328 and any certifications required under
such sections;
(B) routine and preventative maintenance policies for
public housing;
(C) emergency and disaster plans for public housing;
(D) rent collection and security policies for public
housing;
(E) priorities and improvements for management of public
housing; and
(F) priorities and improvements for management of the
authority, including im
[[Page 1048]]
provement of electronic information systems to facilitate
managerial capacity and efficiency.
(5) Grievance procedure.--A statement of the grievance
procedures of the authority under section 111.
(6) Capital improvements.--With respect to public housing
developments owned or operated by the authority, a plan
describing--
(A) the capital improvements necessary to ensure long-term
physical and social viability of the developments; and
(B) the priorities of the authority for capital
improvements based on analysis of available financial
resources, consultation with residents, and health and safety
considerations.
(7) Demolition and disposition.--With respect to public
housing developments owned or operated by the authority--
(A) a description of any such housing to be demolished or
disposed of under subtitle E of title II;
(B) a timetable for such demolition or disposition; and
(C) any information required under section 261(h) with
respect to such demolition or disposition.
(8) Designation of housing for elderly and disabled
families.--With respect to public housing developments owned
or operated by the authority, a description of any
developments (or portions thereof) that the authority has
designated or will designate for occupancy by elderly and
disabled families in accordance with section 227 and any
information required under section 227(d) for such designated
developments.
(9) Conversion of public housing.--With respect to public
housing owned or operated by the authority, a description of
any building or buildings that the authority is required
under section 203(b) to convert to housing assistance under
title III, an analysis of such buildings showing that the
buildings meet the requirements under such section for such
conversion, and a statement of the amount of grant amounts
under title II to be used for rental assistance under title
III.
(10) Homeownership activities.--A description of any
homeownership programs of the authority under subtitle D of
title II or section 329 for the authority and the
requirements and assistance available under such programs.
(11) Coordination with welfare and other appropriate
agencies.--A description of how the authority will coordinate
with State welfare agencies and other appropriate Federal,
State, or local government agencies or nongovernment agencies
or entities to ensure that public housing residents and
assisted families will be provided with access to resources
to assist in obtaining employment and achieving self-
sufficiency.
(12) Safety and crime prevention.--A description of the
policies established by the authority that increase or
maintain the safety of public housing residents, facilitate
the authority undertaking crime prevention measures (such as
community policing, where appropriate), allow resident input
and involvement, and allow for creative methods to increase
public housing resident safety by coordinating crime
prevention efforts between the authority and Federal, State,
and local law enforcement officials. Furthermore, to assure
the safety of public housing residents, the requirements will
include use of trespass laws by the authority to keep evicted
tenants or criminals out of public housing property.
(13) Policies for loss of housing assistance.--A
description of policies of the authority requiring the loss
of housing assistance and tenancy under titles II and III,
pursuant to sections 222(e) and 321(g).
(d) 5-Year Plan.--Each local housing management plan under
this section for a local housing and management authority
shall contain, with respect to the 5-year period beginning
with the fiscal year for which the plan is submitted, the
following information:
(1) Statement of mission.--A statement of the mission of
the authority for serving the needs of low-income families in
the jurisdiction of authority during such period.
(2) Goals and objectives.--A statement of the goals and
objectives of the authority that will enable the authority to
serve the needs identified pursuant to paragraph (1) during
such period.
(3) Capital improvement overview.--If the authority will
provide capital improvements for public housing developments
during such period, an overview of such improvements, the
rationale for such improvements, and an analysis of how such
improvements will enable the authority to meet its goals,
objectives, and mission.
(e) Citizen Participation.--
(1) In general.--Before submitting a plan under this
section or an amendment under section 108(f) to a plan, a
local housing and management authority shall make the plan or
amendment publicly available in a manner that affords
affected public housing residents and assisted families under
title III, citizens, public agencies, entities providing
assistance and services for homeless families, and other
interested parties an opportunity, for a period not shorter
than 60 days and ending at a time that reasonably provides
for compliance with the requirements of paragraph (2), to
examine its content and to submit comments to the authority.
(2) Consideration of comments.--A local housing and
management authority shall consider any comments or views
provided pursuant to paragraph (1) in preparing a final plan
or amendment for submission to the Secretary. A summary of
such comments or views shall be attached to the plan,
amendment, or report submitted. The submitted plan,
amendment, or report shall be made publicly available upon
submission.
(f) Local Review.--Before submitting a plan under this
section to the Secretary, the local housing and management
authority shall submit the plan to any local elected official
or officials responsible for appointing the members of the
board of directors (or other similar governing body) of the
local housing and management authority for review and
approval.
(g) Plans for Small LHMA's and LHMA's Administering Only
Rental Assistance.--The Secretary shall establish
requirements for submission of plans under this section and
the information to be included in such plans applicable to
housing and management authorities that own or operate less
than 250 public housing dwelling units and shall establish
requirements for such submission and information applicable
to authorities that only administer housing assistance under
title III (and do not own or operate public housing). Such
requirements shall waive any requirements under this section
that the Secretary determines are burdensome or unnecessary
for such agencies.
SEC. 108. REVIEW OF PLANS.
(a) Review and Notice.--
(1) Review.--The Secretary shall conduct a limited review
of each local housing management plan submitted to the
Secretary to ensure that the plan is complete and complies
with the requirements of section 107. The Secretary shall
have the discretion to review a plan only to the extent that
the Secretary considers review is necessary.
(2) Notice.--The Secretary shall notify each local housing
and management authority submitting a plan whether the plan
complies with such requirements not later than 75 days after
receiving the plan. If the Secretary does not notify the
local housing and management authority, as required under
this subsection and subsection (b), the plan shall be
considered, for purposes of this Act, to have been determined
to comply with the requirements under section 107 and the
authority shall be considered to have been notified of
compliance upon the expiration of such 75-day period.
(b) Notice of Reasons for Determination of Noncompliance.--
If the Secretary determines that a plan, as submitted, does
not comply with the requirements under section 107, the
Secretary shall specify in the notice under subsection (a)
the reasons for the noncompliance and any modifications
necessary for the plan to meet the requirements under section
107.
(c) Standards for Determination of Noncompliance.--The
Secretary may determine that a plan does not comply with the
requirements under section 107 only if--
(1) the plan is incomplete in significant matters required
under such section;
(2) there is evidence available to the Secretary that
challenges, in a substantial manner, any information provided
in the plan;
(3) the Secretary determines that the plan does not comply
with Federal law or violates the purposes of this Act because
it fails to provide housing that will be viable on a long-
term basis at a reasonable cost;
(4) the plan plainly fails to adequately identify the needs
of low-income families for housing assistance in the
jurisdiction of the authority;
(5) the plan plainly fails to adequately identify the
capital improvement needs for public housing developments in
the jurisdiction of the authority;
(6) the activities identified in the plan are plainly
inappropriate to address the needs identified in the plan; or
(7) the plan is inconsistent with the requirements of this
Act.
(d) Treatment of Existing Plans.--Notwithstanding any other
provision of this title, a local housing and management
authority shall be considered to have submitted a plan under
this section if the authority has submitted to the Secretary
a comprehensive plan under section 14(e) of the United States
Housing Act of 1937 (as in effect immediately before the
enactment of this Act) or under the comprehensive improvement
assistance program under such section 14, and the Secretary
has approved such plan, before January 1, 1994. The Secretary
shall provide specific procedures and requirements for such
authorities to amend such plans by submitting only such
additional information as is necessary to comply with the
requirements of section 107.
(e) Actions to Change Plan.--A local housing and management
authority that has submitted a plan under section 107 may
change actions or policies described in the plan before
submission and review of the plan of the authority for the
next fiscal year only if--
(1) in the case of costly or nonroutine changes, the
authority submits to the Secretary an amendment to the plan
under subsection (f) which is reviewed in accordance with
such subsection; or
(2) in the case of inexpensive or routine changes, the
authority describes such changes in such local housing
management plan for the next fiscal year.
(f) Amendments to Plan.--
(1) In general.--During the annual or 5-year period covered
by the plan for a local housing and management authority, the
authority may submit to the Secretary any amendments to the
plan.
(2) Review.--The Secretary shall conduct a limited review
of each proposed amendment submitted under this subsection to
deter
[[Page 1049]]
mine whether the plan, as amended by the amendment, complies
with the requirements of section 107 and notify each local
housing and management authority submitting the amendment
whether the plan, as amended, complies with such requirements
not later than 30 days after receiving the amendment. If the
Secretary determines that a plan, as amended, does not comply
with the requirements under section 107, such notice shall
indicate the reasons for the noncompliance and any
modifications necessary for the plan to meet the requirements
under section 107. If the Secretary does not notify the local
housing and management authority as required under this
paragraph, the plan, as amended, shall be considered, for
purposes of this section, to comply with the requirements
under section 107.
(3) Standards for determination of noncompliance.--The
Secretary may determine that a plan, as amended by a proposed
amendment, does not comply with the requirements under
section 107 only if--
(A) the plan, as amended, would be subject to a
determination of noncompliance in accordance with the
provisions of subsection (c); or
(B) the Secretary determines that--
(i) the proposed amendment is plainly inconsistent with the
activities specified in the plan; or
(ii) there is evidence that challenges, in a substantial
manner, any information contained in the amendment; or
(3) the Secretary determines that the plan, as amended,
violates the purposes of this Act because it fails to provide
housing that will be viable on a long-term basis at a
reasonable cost;
(4) Amendments to extend time of performance.--
Notwithstanding any other provision of this subsection, the
Secretary may not determine that any amendment to the plan of
a local housing and management authority that extends the
time for performance of activities assisted with amounts
provided under this title fails to comply with the
requirements under section 107 if the Secretary has not
provided the amount of assistance set forth in the plan or
has not provided the assistance in a timely manner.
SEC. 109. REPORTING REQUIREMENTS.
(a) Performance and Evaluation Report.--Each local housing
and management authority shall annually submit to the
Accreditation Board established under section 401, on a date
determined by such Board, a performance and evaluation report
concerning the use of funds made available under this Act.
The report of the local housing and management authority
shall include an assessment by the authority of the
relationship of such use of funds made available under this
Act, as well as the use of other funds, to the needs
identified in the local housing management plan and to the
purposes of this Act. The local housing and management
authority shall certify that the report was available for
review and comment by affected tenants prior to its
submission to the Board.
(b) Review of LHMA's.--The Accreditation Board established
under section 401 shall, at least on an annual basis, make
such reviews as may be necessary or appropriate to determine
whether each local housing and management authority receiving
assistance under this section--
(1) has carried out its activities under this Act in a
timely manner and in accordance with its local housing
management plan;
(2) has a continuing capacity to carry out its local
housing management plan in a timely manner; and
(3) has satisfied, or has made reasonable progress towards
satisfying, such performance standards as shall be prescribed
by the Board.
(c) Records.--Each local housing and management authority
shall collect, maintain, and submit to the Accreditation
Board established under section 401 such data and other
program records as the Board may require, in such form and in
accordance with such schedule as the Board may establish.
SEC. 110. PET OWNERSHIP.
(a) In General.--Except as provided in subsections (b) and
(c), a resident of a public housing dwelling unit or an
assisted dwelling unit (as such term is defined in section
371) may own common household pets or have common household
pets present in the dwelling unit of such resident to the
extent allowed by the local housing and management authority
or the owner of the assisted dwelling unit, respectively.
(b) Federally Assisted Rental Housing for the Elderly or
Disabled.--Pet ownership in housing assisted under this Act
that is federally assisted rental housing for the elderly or
handicapped (as such term is defined in section 227 of the
Housing and Urban-Rural Recovery Act of 1983) shall be
governed by the provisions of section 227 of such Act.
(c) Elderly Families in Public and Assisted Housing.--
Responsible ownership of common household pets shall not be
denied any elderly or disabled family who resides in a
dwelling unit in public housing or an assisted dwelling unit
(as such term is defined in section 371), subject to the
reasonable requirements of the local housing and management
authority or the owner of the assisted dwelling unit, as
applicable. This subsection shall not apply to units in
public housing or assisted dwelling units that are located in
federally assisted rental housing for the elderly or
handicapped referred to in subsection (b).
SEC. 111. ADMINISTRATIVE GRIEVANCE PROCEDURE.
(a) Requirements.--Each local housing and management
authority receiving assistance under this Act shall establish
and implement an administrative grievance procedure under
which residents of public housing will--
(1) be advised of the specific grounds of any proposed
adverse local housing and management authority action;
(2) have an opportunity for a hearing before an impartial
party (including appropriate employees of the local housing
and management authority) upon timely request within a
reasonable period of time;
(3) have an opportunity to examine any documents or records
or regulations related to the proposed action;
(4) be entitled to be represented by another person of
their choice at any hearing;
(5) be entitled to ask questions of witnesses and have
others make statements on their behalf; and
(6) be entitled to receive a written decision by the local
housing and management authority on the proposed action.
(b) Exclusion From Administrative Procedure of Grievances
Concerning Evictions From Public Housing.--A local housing
and management authority shall exclude from its procedure
established under subsection (a) any grievance concerning an
eviction from or termination of tenancy in public housing in
any State which requires that, prior to eviction, a resident
be provided a hearing in court which the Secretary determines
provides the basic elements of due process.
(c) Inapplicability to Choice-Based Rental Housing
Assistance.--This section may not be construed to require any
local housing and management authority to establish or
implement an administrative grievance procedure with respect
to assisted families under title III.
SEC. 112. HEADQUARTERS RESERVE FUND.
(a) Annual Reservation of Amounts.--Notwithstanding any
other provision of law, the Secretary may retain not more
than 3 percent of the amounts appropriated to carry out title
II for any fiscal year for use in accordance with this
section.
(b) Use of Amounts.--Any amounts that are retained under
subsection (a) or appropriated or otherwise made available
for use under this section shall be available for subsequent
allocation to specific areas and communities, and may only be
used for the Department of Housing and Urban Development
and--
(1) unforeseen housing needs resulting from natural and
other disasters;
(2) housing needs resulting from emergencies, as certified
by the Secretary, other than such disasters;
(3) housing needs related to a settlement of litigation,
including settlement of fair housing litigation;
(4) providing technical assistance, training, and
electronic information systems for the Department of Housing
and Urban Development, local housing and management
authorities, residents, resident councils, and resident
management corporations to improve management of such
authorities, except that the provision of assistance under
this paragraph may not involve expenditure of amounts
retained under subsection (a) for travel;
(5)(A) providing technical assistance, directly or
indirectly, for local housing and management authorities,
residents, resident councils, resident management
corporations, and nonprofit and other entities in connection
with implementation of a homeownership program under section
251, except that grants under this paragraph may not exceed
$100,000; and (B) establishing a public housing homeownership
program data base; and
(6) needs related to the Secretary's actions regarding
troubled local housing and management authorities under this
Act.
Housing needs under this subsection may be met through the
provision of assistance in accordance with title II or title
III, or both.
SEC. 113. LABOR STANDARDS.
(a) In General.--Any contract for grants, sale, or lease
pursuant to this Act relating to public housing shall contain
the following provisions:
(1) Operation.--A provision requiring that not less than
the wages prevailing in the locality, as determined or
adopted (subsequent to a determination under applicable State
or local law) by the Secretary, shall be paid to all
contractors and persons employed in the operation of the low-
income housing development involved.
(2) Production.--A provision that not less than the wages
prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 276a-
276a-5), shall be paid to all laborers and mechanics employed
in the production of the development involved.
The Secretary shall require certification as to compliance
with the provisions of this section before making any payment
under such contract.
(b) Exceptions.--Subsection (a) and the provisions relating
to wages (pursuant to subsection (a)) in any contract for
grants, sale, or lease pursuant to this Act relating to
public housing, shall not apply to any of the following
individuals:
(1) Volunteers.--Any individual who--
(A) performs services for which the individual volunteered;
(B)(i) does not receive compensation for such services; or
(ii) is paid expenses, reasonable benefits, or a nominal
fee for such services; and
(C) is not otherwise employed at any time in the
construction work.
[[Page 1050]]
(2) Residents employed by lhma.--Any resident of a public
housing development who (A) is an employee of the local
housing and management authority for the development, (B)
performs services in connection with the operation of a low-
income housing project owned or managed by such authority,
and (C) is not a member of a bargaining unit represented by a
union that has a collective bargaining agreement with the
local housing and management authority.
(3) Residents in training programs.--Any individuals
participating in a job training program or other program
designed to promote economic self-sufficiency.
(c) Definition.--For purposes of this section, the terms
``operation'' and ``production'' have the meanings given the
term in section 273.
SEC. 114. NONDISCRIMINATION.
(a) In General.--No person in the United States shall on
the grounds of race, color, national origin, religion, or sex
be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or
activity funded in whole or in part with amounts made
available under this Act. Any prohibition against
discrimination on the basis of age under the Age
Discrimination Act of 1975 or with respect to an otherwise
qualified handicapped individual as provided in section 504
of the Rehabilitation Act of 1973 shall also apply to any
such program or activity.
(b) Civil Rights Compliance.--Each local housing and
management authority that receives grant amounts under this
Act shall use such amounts and carry out its local housing
management plan approved under section 108 in conformity with
title VI of the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, and the Americans With
Disabilities Act of 1990, and shall affirmatively further
fair housing.
SEC. 115. PROHIBITION ON USE OF FUNDS.
None of the funds made available to the Department of
Housing and Urban Development to carry out this Act, which
are obligated to State or local governments, local housing
and management authorities, housing finance agencies, or
other public or quasi-public housing agencies, shall be used
to indemnify contractors or subcontractors of the government
or agency against costs associated with judgments of
infringement of intellectual property rights.
SEC. 116. INAPPLICABILITY TO INDIAN HOUSING.
Except as specifically provided by law, the provisions of
this title, and titles II, III, and IV shall not apply to
public housing developed or operated pursuant to a contract
between the Secretary and an Indian housing authority or to
housing assisted under the Native American Housing Assistance
and Self-Determination Act of 1996.
SEC. 117. EFFECTIVE DATE AND REGULATIONS.
(a) Effective Date.--The provisions of this Act and the
amendments made by this Act shall take effect and shall apply
on the date of the enactment of this Act, unless such
provisions or amendments specifically provide for
effectiveness or applicability on another date certain.
(b) Regulations.--The Secretary may issue any regulations
necessary to carry out this Act.
(c) Rule of Construction.--Any failure by the Secretary to
issue any regulations authorized under subsection (b) shall
not affect the effectiveness of any provision of this Act or
any amendment made by this Act.
TITLE II--PUBLIC HOUSING
Subtitle A--Block Grants
SEC. 201. BLOCK GRANT CONTRACTS.
(a) In General.--The Secretary shall enter into contracts
with local housing and management authorities under which--
(1) the Secretary agrees to make a block grant under this
title, in the amount provided under section 202(c), for
assistance for low-income housing to the local housing and
management authority for each fiscal year covered by the
contract; and
(2) the authority agrees--
(A) to provide safe, clean, and healthy housing that is
affordable to low-income families and services for families
in such housing;
(B) to operate, or provide for the operation, of such
housing in a financially sound manner;
(C) to use the block grant amounts in accordance with this
title and the local housing management plan for the authority
that complies with the requirements of section 107;
(D) to involve residents of housing assisted with block
grant amounts in functions and decisions relating to
management and the quality of life in such housing;
(E) that the management of the public housing of the
authority shall be subject to actions authorized under
subtitle B of title IV;
(F) that the Secretary may take actions under section 205
with respect to improper use of grant amounts provided under
the contract; and
(G) to otherwise comply with the requirements under this
title.
(b) Modification.--Contracts and agreements between the
Secretary and a local housing and management authority may
not be amended in a manner which would--
(1) impair the rights of--
(A) leaseholders for units assisted pursuant to a contract
or agreement; or
(B) the holders of any outstanding obligations of the local
housing and management authority involved for which annual
contributions have been pledged; or
(2) provide for payment of block grant amounts under this
title in an amount exceeding the allocation for the authority
determined under section 204.
Any rule of law contrary to this subsection shall be deemed
inapplicable.
(c) Conditions on Renewal.--Each block grant contract under
this section shall provide, as a condition of renewal of the
contract with the local housing and management authority,
that the authority's accreditation be renewed by the Housing
Foundation and Accreditation Board pursuant to review under
section 433 by such Board.
SEC. 202. GRANT AUTHORITY, AMOUNT, AND ELIGIBILITY.
(a) Authority.--The Secretary shall make block grants under
this title to eligible local housing and management
authorities in accordance with block grant contracts under
section 201.
(b) Performance Funds.--
(1) In general.--The Secretary shall establish 2 funds for
the provision of grants to eligible local housing and
management authorities under this title, as follows:
(A) Capital fund.--A capital fund to provide capital and
management improvements to public housing developments.
(B) Operating fund.--An operating fund for public housing
operations.
(2) Flexibility of funding.--A local housing and management
authority may use up to 10 percent of the amounts from a
grant under this title that are allocated and provided from
the capital fund for activities that are eligible under
section 203(a)(2) to be funded with amounts from the
operating fund.
(c) Amount of Grants.--The amount of the grant under this
title for a local housing and management authority for a
fiscal year shall be the amount of the allocation for the
authority determined under section 204, except as otherwise
provided in this title and subtitle B of title IV.
(d) Eligibility.--A local housing and management authority
shall be an eligible local housing and management authority
with respect to a fiscal year for purposes of this title only
if--
(1) the Secretary has entered into a block grant contract
with the authority;
(2) the authority has submitted a local housing management
plan to the Secretary for such fiscal year;
(3) the plan has been determined to comply with the
requirements under section 107 and the Secretary has not
notified the authority that the plan fails to comply with
such requirements;
(4) the authority is accredited under section 433 by the
Housing Foundation and Accreditation Board;
(5) the authority is exempt from local taxes, as provided
under subsection (e), or receives a contribution, as provided
under such subsection;
(6) no member of the board of directors or other governing
body of the authority, or the executive director, has been
convicted of a felony;
(7) the authority has entered into an agreement providing
for local cooperation in accordance with subsection (f); and
(8) the authority has not been disqualified for a grant
pursuant to section 205(a) or subtitle B of title IV.
(e) Payments in Lieu of State and Local Taxation of Public
Housing Developments.--
(1) Exemption from taxation.--A local housing and
management authority may receive a block grant under this
title only if--
(A)(i) the developments of the authority (exclusive of any
portions not assisted with amounts provided under this title)
are exempt from all real and personal property taxes levied
or imposed by the State, city, county, or other political
subdivision; and
(ii) the local housing and management authority makes
payments in lieu of taxes to such taxing authority equal to
10 percent of the sum, for units charged in the developments
of the authority, of the difference between the gross rent
and the utility cost, or such lesser amount as is--
(I) prescribed by State law;
(II) agreed to by the local governing body in its agreement
under subsection (e) for local cooperation with the local
housing and management authority or under a waiver by the
local governing body; or
(III) due to failure of a local public body or bodies other
than the local housing and management authority to perform
any obligation under such agreement; or
(B) the authority complies with the requirements under
subparagraph (A) with respect to public housing developments
(including public housing units in mixed-income
developments), but the authority agrees that the units other
than public housing units in any mixed-income developments
(as such term is defined in section 221(c)(2)) shall be
subject to any otherwise applicable real property taxes
imposed by the State, city, county or other political
subdivision.
(2) Effect of failure to exempt from taxation.--
Notwithstanding paragraph (1), a local housing and management
authority that does not comply with the requirements under
such paragraph may receive a block grant under this title,
but only if the State, city, county, or other political
subdivision in which the development is situated contributes,
in the form of cash or tax remission, the amount by which the
taxes paid with respect to the development exceed 10 percent
of the gross rent and utility cost charged in the
development.
(f) Local Cooperation.--In recognition that there should be
local determination of
[[Page 1051]]
the need for low-income housing to meet needs not being
adequately met by private enterprise, the Secretary may not
make any grant under this title to a local housing and
management authority unless the governing body of the
locality involved has entered into an agreement with the
authority providing for the local cooperation required by the
Secretary pursuant to this title.
(g) Exception.--Notwithstanding subsection (a), the
Secretary may make a grant under this title for a local
housing and management authority that is not an eligible
local housing and management authority but only for the
period necessary to secure, in accordance with this title, an
alternative local housing and management authority for the
public housing of the ineligible authority.
SEC. 203. ELIGIBLE AND REQUIRED ACTIVITIES.
(a) Eligible Activities.--Except as provided in subsection
(b) and in section 202(b)(2), grant amounts allocated and
provided from the capital fund and grant amounts allocated
and provided from the operating fund may be used only for the
following activities:
(1) Capital Fund Activities.--Grant amounts from the
capital fund may be used for--
(A) the production and modernization of public housing
developments, including the redesign, reconstruction, and
reconfiguration of public housing sites and buildings and the
production of mixed-income developments;
(B) vacancy reduction;
(C) addressing deferred maintenance needs and the
replacement of dwelling equipment;
(D) planned code compliance;
(E) management improvements;
(F) demolition and replacement under section 261;
(G) tenant relocation;
(H) capital expenditures to facilitate programs to improve
the economic empowerment and self-sufficiency of public
housing tenants; and
(I) capital expenditures to improve the security and safety
of residents.
(2) Operating Fund Activities.--Grant amounts from the
operating fund may be used for--
(A) procedures and systems to maintain and ensure the
efficient management and operation of public housing units;
(B) activities to ensure a program of routine preventative
maintenance;
(C) anti-crime and anti-drug activities, including the
costs of providing adequate security for public housing
tenants;
(D) activities related to the provision of services,
including service coordinators for elderly persons or persons
with disabilities;
(E) activities to provide for management and participation
in the management of public housing by public housing
tenants;
(F) the costs associated with the operation and management
of mixed-income developments;
(G) the costs of insurance;
(H) the energy costs associated with public housing units,
with an emphasis on energy conservation;
(I) the costs of administering a public housing work
program under section 106, including the costs of any related
insurance needs; and
(J) activities in connection with a homeownership program
for public housing residents under subtitle D, including
providing financing or assistance for purchasing housing, or
the provision of financial assistance to resident management
corporations or resident councils to obtain training,
technical assistance, and educational assistance to promote
homeownership opportunities.
(b) Required Conversion of Assistance for Public Housing to
Rental Housing Assistance.--
(1) Requirement.--A local housing and management authority
that receives grant amounts under this title shall provide
assistance in the form of rental housing assistance under
title III, or appropriate site revitalization or other
appropriate capital improvements approved by the Secretary,
in lieu of assisting the operation and modernization of any
building or buildings of public housing, if the authority
provides sufficient evidence to the Secretary that the
building or buildings--
(A) are on the same or contiguous sites;
(B) consist of more than 300 dwelling units;
(C) have a vacancy rate of at least 10 percent for dwelling
units not in funded, on-schedule modernization programs;
(D) are identified as distressed housing for which the
local housing and management authority cannot assure the
long-term viability as public housing through reasonable
revitalization, density reduction, or achievement of a
broader range of household income; and
(E) have an estimate cost of continued operation and
modernization as public housing that exceeds the cost of
providing choice-based rental assistance under title III for
all families in occupancy, based on appropriate indicators of
cost (such as the percentage of the total development cost
required for modernization).
Local housing and management agencies shall identify
properties that meet the definition of subparagraphs (A)
through (E).
(2) Use of Other Amounts.--In addition to grant amounts
under this title attributable (pursuant to the formulas under
section 204) to the building or buildings identified under
paragraph (1), the Secretary may use amounts provided in
appropriation Acts for choice-based housing assistance under
title III for families residing in such building or buildings
or for appropriate site revitalization or other appropriate
capital improvements approved by the Secretary.
(3) Enforcement.--The Secretary shall take appropriate
action to ensure conversion of any building or buildings
identified under paragraph (1) and any other appropriate
action under this subsection, if the local housing and
management authority fails to take appropriate action under
this subsection.
(4) Failure of LHMA's to comply with conversion
requirement.--If the Secretary determines that--
(A) a local housing and management authority has failed
under paragraph (1) to identify a building or buildings in a
timely manner,
(B) a local housing and management authority has failed to
identify one or more buildings which the Secretary determines
should have been identified under paragraph (1), or
(C) one or more of the buildings identified by the local
housing and management authority pursuant to paragraph (1)
should not, in the determination of the Secretary, have been
identified under that paragraph,
the Secretary may identify a building or buildings for
conversion and take other appropriate action pursuant to this
subsection.
(5) Cessation of unnecessary spending.--Notwithstanding any
other provision of law, if, in the determination of the
Secretary, a building or buildings meets or is likely to meet
the criteria set forth in paragraph (1), the Secretary may
direct the local housing and management authority to cease
additional spending in connection with such building or
buildings, except to the extent that additional spending is
necessary to ensure safe, clean, and healthy housing until
the Secretary determines or approves an appropriate course of
action with respect to such building or buildings under this
subsection.
(6) Use of budget authority.--Notwithstanding any other
provision of law, if a building or buildings are identified
pursuant to paragraph (1), the Secretary may authorize or
direct the transfer, to the choice-based or tenant-based
assistance program of such authority or to appropriate site
revitalization or other capital improvements approved by the
Secretary, of--
(A) in the case of an authority receiving assistance under
the comprehensive improvement assistance program, any amounts
obligated by the Secretary for the modernization of such
building or buildings pursuant to section 14 of the United
States Housing Act of 1937, as in effect immediately before
the date of enactment of this Act;
(B) in the case of an authority receiving public housing
modernization assistance by formula pursuant to such section
14, any amounts provided to the authority which are
attributable pursuant to the formula for allocating such
assistance to such building or buildings;
(C) in the case of an authority receiving assistance for
the major reconstruction of obsolete projects, any amounts
obligated by the Secretary for the major reconstruction of
such building or buildings pursuant to section 5(j)(2) of the
United States Housing Act of 1937, as in effect immediately
before the date of enactment of this Act; and
(D) in the case of an authority receiving assistance
pursuant to the formulas under section 204, any amounts
provided to the authority which are attributable pursuant to
the formulas for allocating such assistance to such building
or buildings.
(c) Extension of Deadlines.--The Secretary may, for a local
housing and management authority, extend any deadline
established pursuant to this section or a local housing
management plan for up to an additional 5 years if the
Secretary makes a determination that the deadline is
impracticable.
(d) Compliance With Plan.--The local housing management
plan submitted by a local housing and management authority
(including any amendments to the plan), unless determined
under section 108 not to comply with the requirements under
section 107, shall be binding upon the Secretary and the
local housing and management authority and the authority
shall use any grant amounts provided under this title for
eligible activities under subsection (a) in accordance with
the plan. This subsection may not be construed to preclude
changes or amendments to the plan, as authorized under
section 108(e) or any actions authorized by this Act to be
taken without regard to a local housing management plan.
SEC. 204. DETERMINATION OF GRANT ALLOCATION.
(a) In General.--For each fiscal year, after reserving
amounts under section 112 from the aggregate amount made
available for the fiscal year for carrying out this title,
the Secretary shall allocate any remaining amounts among
eligible local housing and management authorities in
accordance with this section, so that the sum of all of the
allocations for all eligible authorities is equal to such
remaining amount.
(b) Allocation Amount.--The Secretary shall determine the
amount of the allocation for each eligible local housing and
management authority, which shall be--
(1) for any fiscal year beginning after the enactment of a
law containing the formulas described in paragraphs (1) and
(2) of subsection (c), the amount determined under such
formulas; or
(2) for any fiscal year beginning before the expiration of
such period, the sum of--
[[Page 1052]]
(A) the operating allocation determined under subsection
(d)(1) for the authority; and
(B) the capital improvement allocation determined under
subsection (d)(2) for the authority.
(c) Permanent Allocation Formulas for Capital and Operating
Funds.--
(1) Establishment of Capital Fund Formula.--The formula
under this paragraph shall provide for allocating assistance
under the capital fund for a fiscal year. The formula may
take into account such factors as--
(A) the number of public housing dwelling units owned or
operated by the local housing and management authority, the
characteristics and locations of the developments, and the
characteristics of the families served and to be served
(including the incomes of the families);
(B) the need of the local housing and management authority
to carry out rehabilitation and modernization activities, and
reconstruction, production, and demolition activities related
to public housing dwelling units owned or operated by the
local housing and management authority, including backlog and
projected future needs of the authority;
(C) the cost of constructing and rehabilitating property in
the area; and
(D) the need of the local housing and management authority
to carry out activities that provide a safe and secure
environment in public housing units owned or operated by the
local housing and management authority.
(2) Establishment of Operating Fund Formula.--The formula
under this paragraph shall provide for allocating assistance
under the operating fund for a fiscal year. The formula may
take into account such factors as--
(A) standards for the costs of operating and reasonable
projections of income, taking into account the
characteristics and locations of the public housing
developments and characteristics of the families served and
to be served (including the incomes of the families), or the
costs of providing comparable services as determined in
accordance with criteria or a formula representing the
operations of a prototype well-managed public housing
development;
(B) the number of public housing dwelling units owned or
operated by the local housing and management authority; and
(C) the need of the local housing and management authority
to carry out anti-crime and anti-drug activities, including
providing adequate security for public housing residents.
(3) Development under negotiated rulemaking procedure.--The
formulas under this subsection shall be developed according
to procedures for issuance of regulations under the
negotiated rulemaking procedure under subchapter III of
chapter 5 of title 5, United States Code, except that the
formulas shall not be contained in a regulation.
(4) Report.--Not later than the expiration of the 18-month
period beginning upon the enactment of this Act, the
Secretary shall submit a report to the Congress containing
the proposed formulas established pursuant to paragraph (3)
that meets the requirements of this subsection.
(d) Interim Allocation Requirements.--
(1) Operating allocation.--
(A) Applicability to 50 percent of appropriated amounts.--
Of any amounts available for allocation under this subsection
for a fiscal year, 50 percent shall be used only to provide
amounts for operating allocations under this paragraph for
eligible local housing and management authorities.
(B) Determination.--The operating allocation under this
subsection for a local housing and management authority for a
fiscal year shall be an amount determined by applying, to the
amount to be allocated under this paragraph, the formula used
for determining the distribution of operating subsidies for
fiscal year 1995 to public housing agencies (as modified
under subparagraph (C)) under section 9 of the United States
Housing Act of 1937, as in effect before the enactment of
this Act.
(C) Treatment of chronically vacant units.--The Secretary
shall revise the formula referred to in subparagraph (B) so
that the formula does not provide any amounts, other than
utility costs and other necessary costs (such as costs
necessary for the protection of persons and property),
attributable to any dwelling unit of a local housing and
management authority that has been vacant continuously for 6
or more months. A unit shall not be considered vacant for
purposes of this paragraph if the unit is unoccupied because
of rehabilitation or renovation that is on-schedule.
(D) Increases in income.--The Secretary may revise the
formula referred to in subparagraph (B) to provide an
incentive to encourage local housing and management
authorities to increase nonrental income and to increase
rental income attributable to their units by encouraging
occupancy by families with a broad range of incomes,
including families whose incomes have increased while in
occupancy and newly admitted families. Any such incentive
shall provide that the local housing and management authority
shall derive the full benefit of an increase in nonrental
income, and such increase shall not directly result in a
decrease in amounts provided to the authority under this
title.
(2) Capital improvement allocation.--
(A) Applicability to 50 percent of appropriated amounts.--
Of any amounts available for allocation under this subsection
for a fiscal year, 50 percent shall be used only to provide
amounts for capital improvement allocations under this
paragraph for eligible local housing and management
authorities.
(B) Determination.--The capital improvement allocation
under this subsection for an eligible local housing and
management authority for a fiscal year shall be determined by
applying, to the amount to be allocated under this paragraph,
the formula used for determining the distribution of
modernization assistance for fiscal year 1995 to public
housing agencies under section 14 of the United States
Housing Act of 1937, as in effect before the enactment of
this Act, except that Secretary shall establish a method for
taking into consideration allocation of amounts under the
comprehensive improvement assistance program.
(e) Eligibility of Units Acquired from Proceeds of Sales
Under Demolition or Disposition Plan.--If a local housing and
management authority uses proceeds from the sale of units
under a homeownership program in accordance with section 251
to acquire additional units to be sold to low-income
families, the additional units shall be counted as public
housing for purposes of determining the amount of the
allocation to the authority under this section until sale by
the authority, but in any case no longer than 5 years.
SEC. 205. SANCTIONS FOR IMPROPER USE OF AMOUNTS.
(a) In General.--In addition to any other actions
authorized under this title, if the Secretary finds pursuant
to an annual financial and performance audit under section
432 that a local housing and management authority receiving
grant amounts under this title has failed to comply
substantially with any provision of this title, the Secretary
may--
(1) terminate payments under this title to the authority;
(2) withhold from the authority amounts from the total
allocation for the authority pursuant to section 204;
(3) reduce the amount of future grant payments under this
title to the authority by an amount equal to the amount of
such payments that were not expended in accordance with this
title;
(4) limit the availability of grant amounts provided to the
authority under this title to programs, projects, or
activities not affected by such failure to comply;
(5) withhold from the authority amounts allocated for the
authority under title III; or
(6) order other corrective action with respect to the
authority.
(b) Termination of Compliance Action.--If the Secretary
takes action under subsection (a) with respect to a local
housing and management authority, the Secretary shall--
(1) in the case of action under subsection (a)(1), resume
payments of grant amounts under this title to the authority
in the full amount of the total allocation under section 204
for the authority at the time that the Secretary first
determines that the authority will comply with the provisions
of this title;
(2) in the case of action under paragraph (2), (5), or (6)
of subsection (a), make withheld amounts available as the
Secretary considers appropriate to ensure that the authority
complies with the provisions of this title; or
(3) in the case of action under subsection (a)(4), release
such restrictions at the time that the Secretary first
determines that the authority will comply with the provisions
of this title.
Subtitle B--Admissions and Occupancy Requirements
SEC. 221. LOW-INCOME HOUSING REQUIREMENT.
(a) Production Assistance.--Any public housing produced
using amounts provided under a grant under this title or
under the United States Housing Act of 1937 shall be operated
as public housing for the 40-year period beginning upon such
production.
(b) Operating Assistance.--No portion of any public housing
development operated with amounts from a grant under this
title or operating assistance provided under the United
States Housing Act of 1937 may be disposed of before the
expiration of the 10-year period beginning upon the
conclusion of the fiscal year for which the grant or such
assistance was provided, except as provided in this Act.
(c) Capital Improvements Assistance.--Amounts may be used
for eligible activities under section 203(a)(2) only for the
following housing developments:
(1) Low-income developments.--Amounts may be used for a
low-income housing development that--
(A) is owned by local housing and management authorities;
(B) is operated as low-income rental housing and produced
or operated with assistance provided under a grant under this
title; and
(C) is consistent with the purposes of this title.
Any development, or portion thereof, referred to in this
paragraph for which activities under section 203(a)(2) are
conducted using amounts from a grant under this title shall
be maintained and used as public housing for the 20-year
period beginning upon the receipt of such grant. Any public
housing development, or portion thereof, that received the
benefit of a grant pursuant to section 14 of the United
States Housing Act of 1937 shall be maintained and used as
public housing for the 20-year period beginning upon receipt
of such amounts.
(2) Mixed income developments.--Amounts may be used for
mixed-income de
[[Page 1053]]
velopments, which shall be a housing development that--
(A) contains dwelling units that are available for
occupancy by families other than low-income families;
(B) contains a number of dwelling units--
(i) which units are made available (by master contract or
individual lease) for occupancy only by low- and very low-
income families identified by the local housing and
management authority;
(ii) which number is not less than a reasonable number of
units, including related amenities, taking into account the
amount of the assistance provided by the authority compared
to the total investment (including costs of operation) in the
development;
(iii) which units are subject to the statutory and
regulatory requirements of the public housing program, except
that the Secretary may grant appropriate waivers to such
statutory and regulatory requirements if reductions in
funding or other changes to the program make continued
application of such requirements impracticable;
(iv) which units are specially designated as dwelling units
under this subparagraph, except the equivalent units in the
development may be substituted for designated units during
the period the units are subject to the requirements of the
public housing program; and
(v) which units shall be eligible for assistance under this
title; and
(C) is owned by the local housing and management authority,
an affiliate controlled by it, or another appropriate entity.
Notwithstanding any other provision of this title, to
facilitate the establishment of socioeconomically mixed
communities, a local housing and management authority that
uses grant amounts under this title for a mixed income
development under this paragraph may, to the extent that
income from such a development reduces the amount of grant
amounts used for operating or other costs relating to public
housing, use such resulting savings to rent privately
developed dwelling units in the neighborhood of the mixed
income development. Such units shall be made available for
occupancy only by low-income families eligible for residency
in public housing.
SEC. 222. FAMILY ELIGIBILITY.
(a) In General.--Dwelling units in public housing may be
rented only to families who are low-income families at the
time of their initial occupancy of such units.
(b) Income Mix Within Developments.--A local housing and
management authority may establish and utilize income-mix
criteria for the selection of residents for dwelling units in
public housing developments that limit admission to a
development by selecting applicants having incomes
appropriate so that the mix of incomes of families occupying
the development is proportional to the income mix in the
eligible population of the jurisdiction of the authority, as
adjusted to take into consideration the severity of housing
need. Any criteria established under this subsection shall be
subject to the provisions of subsection (c).
(c) Income Mix.--
(1) LHMA income mix.--Of the public housing dwelling units
of a local housing and management authority made available
for occupancy after the date of the enactment of this Act not
less than 35 percent shall be occupied by low-income families
whose incomes do not exceed 30 percent of the area median
income, as determined by the Secretary with adjustments for
smaller and larger families, except that the Secretary, may
for purposes of this subsection, establish income ceilings
higher or lower than 30 percent of the median for the area on
the basis of the Secretary's findings that such variations
are necessary because of unusually high or low family
incomes.
(2) Prohibition of concentration of low-income families.--A
local housing and management authority may not comply with
the requirements under paragraph (1) by concentrating very
low-income families (or other families with relatively low
incomes) in public housing dwelling units in certain public
housing developments or certain buildings within
developments. The Secretary may review the income and
occupancy characteristics of the public housing developments,
and the buildings of such developments, of local housing and
management authorities to ensure compliance with the
provisions of this paragraph.
(d) Waiver of Eligibility Requirements for Occupancy by
Police Officers.--
(1) Authority and waiver.--To provide occupancy in public
housing dwelling units to police officers and other law
enforcement or security personnel (who are not otherwise
eligible for residence in public housing) and to increase
security for other public housing residents in developments
where crime has been a problem, a local housing and
management authority may, with respect to such units and
subject to paragraph (2)--
(A) waive--
(i) the provisions of subsection (a) of this section and
section 225(a);
(ii) the applicability of--
(I) any preferences for occupancy established under section
223;
(II) the minimum rental amount established pursuant to
section 225(b) and any maximum monthly rental amount
established pursuant to such section;
(III) any criteria relating to project income mix
established under subsection (b);
(IV) the income mix requirements under subsection (c); and
(V) any other occupancy limitations or requirements; and
(B) establish special rent requirements and other terms and
conditions of occupancy.
(2) Conditions of waiver.--A local housing and management
authority may take the actions authorized in paragraph (1)
only if authority determines that such actions will increase
security in the public housing developments involved and will
not result in a significant reduction of units available for
residence by low-income families.
(e) Loss of Assistance for Termination of Tenancy.--A local
housing and management authority shall, consistent with
policies described in the local housing management plan of
the authority, establish policies providing that a family
residing in a public housing dwelling unit whose tenancy is
terminated for serious violations of the terms or conditions
of the lease shall--
(1) lose any right to continued occupancy in public housing
under this title; and
(2) immediately become ineligible for admission to public
housing under this title or for housing assistance under
title III--
(A) in the case of a termination due to drug-related
criminal activity, for a period of not less than 3 years from
the date of the termination; or
(B) for other terminations, for a reasonable period of time
as determined period of time as determined by the local
housing and management authority.
SEC. 223. PREFERENCES FOR OCCUPANCY.
(a) Authority To Establish.--Any local housing and
management authority may establish a system for making
dwelling units in public housing available for occupancy that
provides preference for such occupancy to families having
certain characteristics.
(b) Content.--Each system of preferences established
pursuant to this section shall be based upon local housing
needs and priorities, as determined by the local housing and
management authority using generally accepted data sources,
including any information obtained pursuant to an opportunity
for public comment as provided under section 107(e) or under
the requirements applicable to comprehensive housing
affordability strategy for the relevant jurisdiction.
SEC. 224. ADMISSION PROCEDURES.
(a) Admission Requirements.--A local housing and management
authority shall ensure that each family residing in a public
housing development owned or administered by the authority is
admitted in accordance with the procedures established under
this title by the authority and the income limits under
section 222.
(b) Availability of Criminal Records.--A local housing and
management authority may request and obtain records regarding
the criminal convictions of applicants for, or tenants of,
public housing as provided in section 646 of the Housing and
Community Development Act of 1992.
(c) Notification of Application Decisions.--A local housing
and management authority shall establish procedures designed
to provide for notification to an applicant for admission to
public housing of the determination with respect to such
application, the basis for the determination, and, if the
applicant is determined to be eligible for admission, the
projected date of occupancy (to the extent such date can
reasonably be determined). If an authority denies an
applicant admission to public housing, the authority shall
notify the applicant that the applicant may request an
informal hearing on the denial within a reasonable time of
such notification.
(d) Confidentiality for Victims of Domestic Violence.--A
local housing and management authority shall be subject to
the restrictions regarding release of information relating to
the identity and new residence of any family in public
housing that was a victim of domestic violence that are
applicable to shelters pursuant to the Family Violence
Prevention and Services Act. The authority shall work with
the United States Postal Service to establish procedures
consistent with the confidentiality provisions in the
Violence Against Women Act of 1994.
(e) Transfers.--A local housing and management authority
may apply, to each public housing resident seeking to
transfer from one development to another development owned or
operated by the authority, the screening procedures
applicable at such time to new applicants for public housing.
SEC. 225. FAMILY RENTAL PAYMENT.
(a) Rental Contribution by Resident.--
(1) In general.--A family shall pay as monthly rent for a
dwelling unit in public housing the amount that the local
housing and management authority determines is appropriate
with respect to the family and the unit, which shall be--
(A) based upon factors determined by the authority, which
may include the adjusted income of the resident, type and
size of dwelling unit, operating and other expenses of the
authority, or any other factors that the authority considers
appropriate; and
(B) an amount that is not less than the minimum monthly
rental amount under subsection (b)(1) nor more than any
maximum monthly rental amount established for the dwelling
unit pursuant to subsection (b)(2).
Notwithstanding any other provision of this subsection, the
amount paid by an elderly family or a disabled family for
monthly rent for a dwelling unit in public housing may not
exceed 30 percent of the family's adjusted monthly income.
Notwithstanding any other provision of this subsection, the
amount paid by a family whose head (or whose spouse) is a
veteran (as such term is defined in section 203(b) of the
National Housing Act) for
[[Page 1054]]
monthly rent for a dwelling unit in public housing may not
exceed 30 percent of the family's adjusted monthly income. In
determining the amount of the rent charged under this
paragraph for a dwelling unit, a local housing and management
authority shall take into consideration the characteristics
of the population served by the authority, the goals of the
local housing management plan for the authority, and the
goals under the comprehensive housing affordability strategy
under section 105 of the Cranston-Gonzalez National
Affordable Housing Act (or any consolidated plan
incorporating such strategy) for the applicable jurisdiction.
(2) Exceptions.--Notwithstanding any other provision of
this section, the amount paid for monthly rent for a dwelling
unit in public housing may not exceed 30 percent of the
family's adjusted monthly income for any family who--
(A) upon the date of the enactment of this Act, is residing
in any dwelling unit in public housing and--
(i) is an elderly family; or
(ii) is a disabled family; or
(B) has an income that does not exceed 30 percent of the
median income for the area (as determined by the Secretary
with adjustments for smaller and larger families).
(b) Allowable Rents.--
(1) Minimum rental.--Each local housing and management
authority shall establish, for each dwelling unit in public
housing owned or administered by the authority, a minimum
monthly rental contribution toward the rent (which rent shall
include any amount allowed for utilities), which--
(A) may not be less than $25, nor more than $50; and
(B) may be increased annually by the authority, except that
no such annual increase may exceed 10 percent of the amount
of the minimum monthly rental contribution in effect for the
preceding year.
Notwithstanding the preceding sentence, a local housing and
management authority may, in its sole discretion, grant an
exemption in whole or in part from payment of the minimum
monthly rental contribution established under this paragraph
to any family unable to pay such amount because of severe
financial hardships. Severe financial hardships may include
situations where the family is awaiting an eligibility
determination for a Federal, State, or local assistance
program, where the family would be evicted as a result of
imposition of the minimum rent, and other situations as may
be determined by the authority.
(2) Maximum rental.--Each local housing and management
authority may establish, for each dwelling unit in public
housing owned or administered by the authority, a maximum
monthly rental amount, which shall be an amount determined by
the authority which is based on, but does not exceed--
(A) the average, for dwelling units of similar size in
public housing developments owned and operated by such
authority, of operating expenses attributable to such units;
(B) the reasonable rental value of the unit; or
(C) the local market rent for comparable units of similar
size.
(c) Income Reviews.--If a local housing and management
authority establishes the amount of rent paid by a family for
a public housing dwelling unit based on the adjusted income
of the family, the authority shall review the incomes of such
family occupying dwelling units in public housing owned or
administered by the authority not less than annually.
(d) Review of Maximum and Minimum Rents.--
(1) Rental charges.--If the Secretary determines, at any
time, that a significant percentage of the public housing
dwelling units owned or operated by a large local housing and
management authority are occupied by households paying more
than 30 percent of their adjusted incomes for rent, the
Secretary shall review the maximum and minimum monthly rental
amounts established by the authority.
(2) Population served.--If the Secretary determines, at any
time, that less than 40 percent of the public housing
dwelling units owned or operated by a large local housing and
management authority are occupied by households whose incomes
do not exceed 30 percent of the area median income, the
Secretary shall review the maximum and minimum monthly rental
amounts established by the authority.
(3) Modification of maximum and minimum rental amounts.--
If, pursuant to review under this subsection, the Secretary
determines that the maximum and minimum rental amounts for a
large local housing and management authority are not
appropriate to serve the needs of the low-income population
of the jurisdiction served by the authority (taking into
consideration the financial resources and costs of the
authority), as identified in the approved local housing
management plan of the authority, the Secretary may require
the authority to modify the maximum and minimum monthly
rental amounts.
(4) Large lhma.--For purposes of this subsection, the term
``large local housing and management authority'' means a
local housing and management authority that owns or operates
1250 or more public housing dwelling units.
(e) Phase-In of Rent Contribution Increases.--
(1) In general.--Except as provided in paragraph (2), for
any family residing in a dwelling unit in public housing upon
the date of the enactment of this Act, if the monthly
contribution for rental of an assisted dwelling unit to be
paid by the family upon initial applicability of this title
is greater than the amount paid by the family under the
provisions of the United States Housing Act of 1937
immediately before such applicability, any such resulting
increase in rent contribution shall be--
(A) phased in equally over a period of not less than 3
years, if such increase is 30 percent or more of such
contribution before initial applicability; and
(B) limited to not more than 10 percent per year if such
increase is more than 10 percent but less than 30 percent of
such contribution before initial applicability.
(2) Exception.--The minimum rent contribution requirement
under subsection (b)(1)(A) shall apply to each family
described in paragraph (1) of this subsection,
notwithstanding such paragraph.
SEC. 226. LEASE REQUIREMENTS.
In renting dwelling units in a public housing development,
each local housing and management authority shall utilize
leases that--
(1) do not contain unreasonable terms and conditions;
(2) obligate the local housing and management authority to
maintain the development in compliance with the housing
quality requirements under section 232;
(3) require the local housing and management authority to
give adequate written notice of termination of the lease,
which shall not be less than--
(A) the period provided under the applicable law of the
jurisdiction or 14 days, whichever is less, in the case of
nonpayment of rent;
(B) a reasonable period of time, but not to exceed 14 days,
when the health or safety of other residents or local housing
and management authority employees is threatened; and
(C) the period of time provided under the applicable law of
the jurisdiction, in any other case;
(4) require that the local housing and management authority
may not terminate the tenancy except for violation of the
terms or conditions of the lease, violation of applicable
Federal, State, or local law, or for other good cause;
(5) provide that the local housing and management authority
may terminate the tenancy of a public housing resident for
any activity, engaged in by a public housing resident, any
member of the resident's household, or any guest or other
person under the resident's control, that--
(A) threatens the health or safety of, or right to peaceful
enjoyment of the premises by, other residents or employees of
the local housing and management authority or other manager
of the housing;
(B) threatens the health or safety of, or right to peaceful
enjoyment of their premises by, persons residing in the
immediate vicinity of the premises; or
(C) is criminal activity (including drug-related criminal
activity) on or off such premises;
(6) provide that any occupancy in violation of the
provisions of section 105 shall be cause for termination of
tenancy; and
(7) specify that, with respect to any notice of eviction or
termination, notwithstanding any State law, a public housing
resident shall be informed of the opportunity, prior to any
hearing or trial, to examine any relevant documents, records
or regulations directly related to the eviction or
termination.
SEC. 227. DESIGNATED HOUSING FOR ELDERLY AND DISABLED
FAMILIES
(a) Authority To Provide Designated Housing.--
(1) In general.--Subject only to provisions of this section
and notwithstanding any other provision of law, a local
housing and management authority for which the information
required under subsection (d) is in effect may provide public
housing developments (or portions of developments) designated
for occupancy by (A) only elderly families, (B) only disabled
families, or (C) elderly and disabled families.
(2) Priority for occupancy.--In determining priority for
admission to public housing developments (or portions of
developments) that are designated for occupancy as provided
in paragraph (1), the local housing and management authority
may make units in such developments (or portions) available
only to the types of families for whom the development is
designated.
(3) Eligibility of near-elderly families.--If a local
housing and management authority determines that there are
insufficient numbers of elderly families to fill all the
units in a development (or portion of a development)
designated under paragraph (1) for occupancy by only elderly
families, the authority may provide that near-elderly
families may occupy dwelling units in the development (or
portion).
(b) Standards Regarding Evictions.--Except as provided in
section 105(b)(1)(B), any tenant who is lawfully residing in
a dwelling unit in a public housing development may not be
evicted or otherwise required to vacate such unit because of
the designation of the development (or portion of a
development) pursuant to this section or because of any
action taken by the Secretary or any local housing and
management authority pursuant to this section.
(c) Relocation Assistance.--A local housing and management
authority that designates any existing development or
building, or portion thereof, for occupancy as provided under
subsection (a)(1) shall provide, to each person and family
who agrees to be
[[Page 1055]]
relocated in connection with such designation--
(1) notice of the designation and an explanation of
available relocation benefits, as soon as is practicable for
the authority and the person or family;
(2) access to comparable housing (including appropriate
services and design features), which may include choice-based
rental housing assistance under title III, at a rental rate
paid by the tenant that is comparable to that applicable to
the unit from which the person or family has vacated; and
(3) payment of actual, reasonable moving expenses.
(d) Required Inclusions in Local Housing Management Plan.--
A local housing and management authority may designate a
development (or portion of a development) for occupancy under
subsection (a)(1) only if the authority, as part of the
authority's local housing management plan--
(1) establishes that the designation of the development is
necessary--
(A) to achieve the housing goals for the jurisdiction under
the comprehensive housing affordability strategy under
section 105 of the Cranston-Gonzalez National Affordable
Housing Act; and
(B) to meet the housing needs of the low-income population
of the jurisdiction; and
(2) includes a description of--
(A) the development (or portion of a development) to be
designated;
(B) the types of tenants for which the development is to be
designated;
(C) any supportive services to be provided to tenants of
the designated development (or portion);
(D) how the design and related facilities (as such term is
defined in section 202(d)(8) of the Housing Act of 1959) of
the development accommodate the special environmental needs
of the intended occupants; and
(E) any plans to secure additional resources or housing
assistance to provide assistance to families that may have
been housed if occupancy in the development were not
restricted pursuant to this section.
For purposes of this subsection, the term `supportive
services' means services designed to meet the special needs
of residents. Notwithstanding section 108, the Secretary may
approve a local housing management plan without approving the
portion of the plan covering designation of a development
pursuant to this section.
(e) Effectiveness.--
(1) Initial 5-year effectiveness.--The information required
under subsection (d) shall be in effect for purposes of this
section during the 5-year period that begins upon
notification under section 108(a) of the local housing and
management authority that the information complies with the
requirements under section 107 and this section.
(2) Renewal.--Upon the expiration of the 5-year period
under paragraph (1) or any 2-year period under this
paragraph, an authority may extend the effectiveness of the
designation and information for an additional 2-year period
(that begins upon such expiration) by submitting to the
Secretary any information needed to update the information.
The Secretary may not limit the number of times a local
housing and management authority extends the effectiveness of
a designation and information under this paragraph.
(3) Treatment of existing plans.--Notwithstanding any other
provision of this section, a local housing and management
authority shall be considered to have submitted the
information required under this section if the authority has
submitted to the Secretary an application and allocation plan
under section 7 of the United States Housing Act of 1937 (as
in effect before the date of the enactment of this Act) that
has not been approved or disapproved before such date of
enactment.
(4) Transition provision.--Any application and allocation
plan approved under section 7 of the United States Housing
Act of 1937 (as in effect before the date of the enactment of
this Act) before such date of enactment shall be considered
to be the information required to be submitted under this
section and that is in effect for purposes of this section
for the 5-year period beginning upon such approval.
(g) Inapplicability of Uniform Relocation Assistance and
Real Property Acquisitions Policy Act of 1970.--No resident
of a public housing development shall be considered to be
displaced for purposes of the Uniform Relocation Assistance
and Real Property Acquisitions Policy Act of 1970 because of
the designation of any existing development or building, or
portion thereof, for occupancy as provided under subsection
(a) of this section.
(h) Use of Amounts.--Any amounts appropriated pursuant to
section 10(b) of the Housing Opportunity Program Extension
Act of 1996 (Public Law 104-120) may also be used for choice-
based rental housing assistance under title III for local
housing and management authorities to implement this section.
Subtitle C--Management
SEC. 231. MANAGEMENT PROCEDURES.
(a) Sound Management.--A local housing and management
authority that receives grant amounts under this title shall
establish and comply with procedures and practices sufficient
to ensure that the public housing developments owned or
administered by the authority are operated in a sound manner.
(b) Accounting System for Rental Collections and Costs.--
(1) Establishment.--Each local housing and management
authority that receives grant amounts under this title shall
establish and maintain a system of accounting for rental
collections and costs (including administrative, utility,
maintenance, repair, and other operating costs) for each
project and operating cost center (as determined by the
Secretary).
(2) Access to records.--Each local housing and management
authority shall make available to the general public the
information required pursuant to paragraph (1) regarding
collections and costs.
(3) Exemption.--The Secretary may permit authorities owning
or operating fewer than 500 dwelling units to comply with the
requirements of this subsection by accounting on an
authority-wide basis.
(c) Management by Other Entities.--Except as otherwise
provided under this Act, a local housing and management
authority may contract with any other entity to perform any
of the management functions for public housing owned or
operated by the local housing and management authority.
SEC. 232. HOUSING QUALITY REQUIREMENTS.
(a) In General.--Each local housing and management
authority that receives grant amounts under this Act shall
maintain its public housing in a condition that complies--
(1) in the case of public housing located in a jurisdiction
which has in effect laws, regulations, standards, or codes
regarding habitability of residential dwellings, with such
applicable laws, regulations, standards, or codes; or
(2) in the case of public housing located in a jurisdiction
which does not have in effect laws, regulations, standards,
or codes described in paragraph (1), with the housing quality
standards established under subsection (b).
(b) Federal Housing Quality Standards.--The Secretary shall
establish housing quality standards under this subsection
that ensure that public housing dwelling units are safe,
clean, and healthy. Such standards shall include requirements
relating to habitability, including maintenance, health and
sanitation factors, condition, and construction of dwellings,
and shall, to the greatest extent practicable, be consistent
with the standards established under section 328(b). The
Secretary shall differentiate between major and minor
violations of such standards.
(c) Determinations.--Each local housing and management
authority providing housing assistance shall identify, in the
local housing management plan of the authority, whether the
authority is utilizing the standard under paragraph (1) or
(2) of subsection (a).
(d) Annual Inspections.--Each local housing and management
authority that owns or operates public housing shall make an
annual inspection of each public housing development to
determine whether units in the development are maintained in
accordance with the requirements under subsection (a). The
authority shall submit the results of such inspections to the
Secretary and the Inspector General for the Department of
Housing and Urban Development and such results shall be
available to the Housing Foundation and Accreditation Board
established under title IV and any auditor conducting an
audit under section 432.
SEC. 233. EMPLOYMENT OF RESIDENTS.
Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u) is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) by striking ``public and Indian housing agencies'' and
inserting ``local housing and management authorities and
recipients of grants under the Native American Housing
Assistance and Self-Determination Act of 1996''; and
(ii) by striking ``development assistance'' and all that
follows through the end and inserting ``assistance provided
under title II of the United States Housing Act of 1996 and
used for the housing production, operation, or capital
needs.''; and
(B) in subparagraph (B)(ii), by striking ``managed by the
public or Indian housing agency'' and inserting ``assisted by
the local housing and management authority or the recipient
of a grant under the Native American Housing Assistance and
Self-Determination Act of 1996''; and
(2) in subsection (d)(1)--
(A) in subparagraph (A)--
(i) by striking ``public and Indian housing agencies'' and
inserting ``local housing and management authorities and
recipients of grants under the Native American Housing
Assistance and Self-Determination Act of 1996''; and
(ii) by striking ``development assistance'' and all that
follows through ``section 14 of that Act'' and inserting
``assistance provided under title II of the United States
Housing Act of 1996 and used for the housing production,
operation, or capital needs''; and
(B) in subparagraph (B)(ii), by striking ``operated by the
public or Indian housing agency'' and inserting ``assisted by
the local housing and management authority or the recipient
of a grant under the Native American Housing Assistance and
Self-Determination Act of 1996''.
SEC. 234. RESIDENT COUNCILS AND RESIDENT MANAGEMENT
CORPORATIONS.
(a) Resident Councils.--The residents of a public housing
development may establish a resident council for the
development for purposes of consideration of issues relating
to residents, representation of resident interests, and
coordination and consultation with
[[Page 1056]]
a local housing and management authority. A resident council
shall be an organization or association that--
(1) is nonprofit in character;
(2) is representative of the residents of the eligible
housing;
(3) adopts written procedures providing for the election of
officers on a regular basis; and
(4) has a democratically elected governing board, which is
elected by the residents of the eligible housing on a regular
basis.
(b) Resident Management Corporations.--
(1) Establishment.--The residents of a public housing
development may establish a resident management corporation
for the purpose of assuming the responsibility for the
management of the development under section 235 or purchasing
a development.
(2) Requirements.--A resident management corporation shall
be a corporation that--
(A) is nonprofit in character;
(B) is organized under the laws of the State in which the
development is located;
(C) has as its sole voting members the residents of the
development; and
(D) is established by the resident council for the
development or, if there is not a resident council, by a
majority of the households of the development.
SEC. 235. MANAGEMENT BY RESIDENT MANAGEMENT CORPORATION.
(a) Authority.--A local housing and management authority
may enter into a contract under this section with a resident
management corporation to provide for the management of
public housing developments by the corporation.
(b) Contract.--A contract under this section for management
of public housing developments by a resident management
corporation shall establish the respective management rights
and responsibilities of the corporation and the local housing
and management authority. The contract shall be consistent
with the requirements of this Act applicable to public
housing development and may include specific terms governing
management personnel and compensation, access to public
housing records, submission of and adherence to budgets, rent
collection procedures, resident income verification, resident
eligibility determinations, resident eviction, the
acquisition of supplies and materials and such other matters
as may be appropriate. The contract shall be treated as a
contracting out of services.
(c) Bonding and Insurance.--Before assuming any management
responsibility for a public housing development, the resident
management corporation shall provide fidelity bonding and
insurance, or equivalent protection. Such bonding and
insurance, or its equivalent, shall be adequate to protect
the Secretary and the local housing and management authority
against loss, theft, embezzlement, or fraudulent acts on the
part of the resident management corporation or its employees.
(d) Block Grant Assistance and Income.--A contract under
this section shall provide for--
(1) the local housing and management authority to provide a
portion of the block grant assistance under this title to the
resident management corporation for purposes of operating the
public housing development covered by the contract and
performing such other eligible activities with respect to the
development as may be provided under the contract;
(2) the amount of income expected to be derived from the
development itself (from sources such as rents and charges);
(3) the amount of income to be provided to the development
from the other sources of income of the local housing and
management authority (such as interest income, administrative
fees, and rents); and
(4) any income generated by a resident management
corporation of a public housing development that exceeds the
income estimated under the contract shall be used for
eligible activities under section 203(a).
(e) Calculation of Total Income.--
(1) Maintenance of support.--Subject to paragraph (2), the
amount of assistance provided by a local housing and
management authority to a public housing development managed
by a resident management corporation may not be reduced
during the 3-year period beginning on the date on which the
resident management corporation is first established for the
development.
(2) Reductions and increases in support.--If the total
income of a local housing and management authority is reduced
or increased, the income provided by the local housing and
management authority to a public housing development managed
by a resident management corporation shall be reduced or
increased in proportion to the reduction or increase in the
total income of the authority, except that any reduction in
block grant amounts under this title to the authority that
occurs as a result of fraud, waste, or mismanagement by the
authority shall not affect the amount provided to the
resident management corporation.
SEC. 236. TRANSFER OF MANAGEMENT OF CERTAIN HOUSING TO
INDEPENDENT MANAGER AT REQUEST OF RESIDENTS.
(a) Authority.--The Secretary may transfer the
responsibility and authority for management of specified
housing (as such term is defined in subsection (h)) from a
local housing and management authority to an eligible
management entity, in accordance with the requirements of
this section, if--
(1) such housing is owned or operated by a local housing
and management authority that is--
(A) not accredited under section 433 by the Housing
Foundation and Accreditation Board; or
(B) designated as a troubled authority under section
431(a)(2); and
(2) the Secretary determines that--
(A) such housing has deferred maintenance, physical
deterioration, or obsolescence of major systems and other
deficiencies in the physical plant of the project;
(B) such housing is occupied predominantly by families with
children who are in a severe state of distress, characterized
by such factors as high rates of unemployment, teenage
pregnancy, single-parent households, long-term dependency on
public assistance and minimal educational achievement;
(C) such housing is located in an area such that the
housing is subject to recurrent vandalism and criminal
activity (including drug-related criminal activity); and
(D) the residents can demonstrate that the elements of
distress for such housing specified in subparagraphs (A)
through (C) can be remedied by an entity that has a
demonstrated capacity to manage, with reasonable expenses for
modernization.
Such a transfer may be made only as provided in this section,
pursuant to the approval by the Secretary of a request for
the transfer made by a majority vote of the residents for the
specified housing, after consultation with the local housing
and management authority for the specified housing.
(b) Block Grant Assistance.--Pursuant to a contract under
subsection (c), the Secretary shall require the local housing
and management authority for specified housing to provide to
the manager for the housing, from any block grant amounts
under this title for the authority, fair and reasonable
amounts for operating costs for the housing. The amount made
available under this subsection to a manager shall be
determined by the Secretary based on the share for the
specified housing of the total block grant amounts for the
local housing and management authority transferring the
housing, taking into consideration the operating and capital
improvement needs of the specified housing, the operating and
capital improvement needs of the remaining public housing
units managed by the local housing and management authority,
and the local housing management plan of such authority.
(c) Contract Between Secretary and Manager.--
(1) Requirements.--Pursuant to the approval of a request
under this section for transfer of the management of
specified housing, the Secretary shall enter into a contract
with the eligible management entity.
(2) Terms.-- A contract under this subsection shall contain
provisions establishing the rights and responsibilities of
the manager with respect to the specified housing and the
Secretary and shall be consistent with the requirements of
this Act applicable to public housing developments.
(d) Compliance With Local Housing Management Plan.--A
manager of specified housing under this section shall comply
with the approved local housing management plan applicable to
the housing and shall submit such information to the local
housing and management authority from which management was
transferred as may be necessary for such authority to prepare
and update its local housing management plan.
(e) Demolition and Disposition by Manager.--A manager under
this section may demolish or dispose of specified housing
only if, and in the manner, provided for in the local housing
management plan for the authority transferring management of
the housing.
(f) Limitation on LHMA Liability.--A local housing and
management authority that is not a manager for specified
housing shall not be liable for any act or failure to act by
a manager or resident council for the specified housing.
(g) Treatment of Manager.--To the extent not inconsistent
with this section and to the extent the Secretary determines
not inconsistent with the purposes of this Act, a manager of
specified housing under this section shall be considered to
be a local housing and management authority for purposes of
this title.
(h) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Eligible management entity.--The term ``eligible
management entity'' means, with respect to any public housing
development, any of the following entities that has been
accredited in accordance with section 433:
(A) Nonprofit organization.--A public or private nonprofit
organization, which shall--
(i) include a resident management corporation or resident
management organization and, as determined by the Secretary,
a public or private nonprofit organization sponsored by the
local housing and management authority that owns the
development; and
(ii) not include the local housing and management authority
that owns the development.
(B) For-profit entity.--A for-profit entity that has
demonstrated experience in providing low-income housing.
(C) State or local government.--A State or local
government, including an agency or instrumentality thereof.
(D) Local housing and management authority.--A local
housing and management authority (other than the local
housing and
[[Page 1057]]
management authority that owns the development).
The term does not include a resident council.
(2) Manager.--The term ``manager'' means any eligible
management entity that has entered into a contract under this
section with the Secretary for the management of specified
housing.
(3) Nonprofit.--The term ``nonprofit'' means, with respect
to an organization, association, corporation, or other
entity, that no part of the net earnings of the entity inures
to the benefit of any member, founder, contributor, or
individual.
(4) Private nonprofit organization.--The term ``private
nonprofit organization'' means any private organization
(including a State or locally chartered organization) that--
(A) is incorporated under State or local law;
(B) is nonprofit in character;
(C) complies with standards of financial accountability
acceptable to the Secretary; and
(D) has among its purposes significant activities related
to the provision of decent housing that is affordable to low-
income families.
(5) Local housing and management authority.--The term
``local housing and management authority'' has the meaning
given such term in section 103(a).
(6) Public nonprofit organization.--The term ``public
nonprofit organization'' means any public entity that is
nonprofit in character.
(7) Specified housing.--The term ``specified housing''
means a public housing development or developments, or a
portion of a development or developments, for which the
transfer of management is requested under this section. The
term includes one or more contiguous buildings and an area of
contiguous row houses, but in the case of a single building,
the building shall be sufficiently separable from the
remainder of the development of which it is part to make
transfer of the management of the building feasible for
purposes of this section.
SEC. 237. RESIDENT OPPORTUNITY PROGRAM.
(a) Purpose.--The purpose of this section is to encourage
increased resident management of public housing developments,
as a means of improving existing living conditions in public
housing developments, by providing increased flexibility for
public housing developments that are managed by residents
by--
(1) permitting the retention, and use for certain purposes,
of any revenues exceeding operating and project costs; and
(2) providing funding, from amounts otherwise available,
for technical assistance to promote formation and development
of resident management entities.
For purposes of this section, the term ``public housing
development'' includes one or more contiguous buildings or an
area of contiguous row houses the elected resident councils
of which approve the establishment of a resident management
corporation and otherwise meet the requirements of this
section.
(b) Program Requirements.--
(1) Resident council.--As a condition of entering into a
resident opportunity program, the elected resident council of
a public housing development shall approve the establishment
of a resident management corporation that complies with the
requirements of section 234(b)(2). When such approval is made
by the elected resident council of a building or row house
area, the resident opportunity program shall not interfere
with the rights of other families residing in the development
or harm the efficient operation of the development. The
resident management corporation and the resident council may
be the same organization, if the organization complies with
the requirements applicable to both the corporation and
council.
(2) Public housing management specialist.--The resident
council of a public housing development, in cooperation with
the local housing and management authority, shall select a
qualified public housing management specialist to assist in
determining the feasibility of, and to help establish, a
resident management corporation and to provide training and
other duties agreed to in the daily operations of the
development.
(3) Management responsibilities.--A resident management
corporation that qualifies under this section, and that
supplies insurance and bonding or equivalent protection
sufficient to the Secretary and the local housing and
management authority, shall enter into a contract with the
authority establishing the respective management rights and
responsibilities of the corporation and the authority. The
contract shall be treated as a contracting out of services
and shall be subject to the requirements under section 234
for such contracts.
(4) Annual audit.--The books and records of a resident
management corporation operating a public housing development
shall be audited annually by a certified public accountant. A
written report of each such audit shall be forwarded to the
local housing and management authority and the Secretary.
(c) Comprehensive Improvement Assistance.--Public housing
developments managed by resident management corporations may
be provided with modernization assistance from grant amounts
under this title for purposes of renovating such
developments. If such renovation activities (including the
planning and architectural design of the rehabilitation) are
administered by a resident management corporation, the local
housing and management authority involved may not retain, for
any administrative or other reason, any portion of the
assistance provided pursuant to this subsection unless
otherwise provided by contract.
(d) Waiver of Federal Requirements.--
(1) Waiver of regulatory requirements.--Upon the request of
any resident management corporation and local housing and
management authority, and after notice and an opportunity to
comment is afforded to the affected residents, the Secretary
may waive (for both the resident management corporation and
the local housing and management authority) any requirement
established by the Secretary (and not specified in any
statute) that the Secretary determines to unnecessarily
increase the costs or restrict the income of a public housing
development.
(2) Waiver to permit employment.--Upon the request of any
resident management corporation, the Secretary may, subject
to applicable collective bargaining agreements, permit
residents of such development to volunteer a portion of their
labor.
(3) Exceptions.--The Secretary may not waive under this
subsection any requirement with respect to income eligibility
for purposes of section 222, rental payments under section
225, tenant or applicant protections, employee organizing
rights, or rights of employees under collective bargaining
agreements.
(e) Operating Assistance and Development Income.--
(1) Calculation of operating subsidy.--Subject only to the
exception provided in paragraph (3), the grant amounts
received under this title by a local housing and management
authority used for operating costs under section 203(a)(2)
that are allocated to a public housing development managed by
a resident management corporation shall not be less than per
unit monthly amount of such assistance used by the local
housing and management authority in the previous year, as
determined on an individual development basis.
(2) Contract requirements.--Any contract for management of
a public housing development entered into by a local housing
and management authority and a resident management
corporation shall specify the amount of income expected to be
derived from the development itself (from sources such as
rents and charges) and the amount of income funds to be
provided to the development from the other sources of income
of the authority (such as operating assistance under section
203(a), interest income, administrative fees, and rents).
(f) Resident Management Technical Assistance and
Training.--
(1) Financial assistance.--To the extent budget authority
is available under this title, the Secretary shall provide
financial assistance to resident management corporations or
resident councils that obtain, by contract or otherwise,
technical assistance for the development of resident
management entities, including the formation of such
entities, the development of the management capability of
newly formed or existing entities, the identification of the
social support needs of residents of public housing
developments, and the securing of such support. In addition,
the Secretary may provide financial assistance to resident
management corporations or resident councils for activities
sponsored by resident organizations for economic uplift, such
as job training, economic development, security, and other
self-sufficiency activities beyond those related to the
management of public housing. The Secretary may require
resident councils or resident management corporations to
utilize local housing and management authorities or other
qualified organizations as contract administrators with
respect to financial assistance provided under this
paragraph.
(2) Limitation on assistance.--The financial assistance
provided under this subsection with respect to any public
housing development may not exceed $100,000.
(3) Prohibition.--A resident management corporation or
resident council may not, before the award to the corporation
or council of a grant amount under this subsection, enter
into any contract or other agreement with any entity to
provide such entity with amounts from the grant for providing
technical assistance or carrying out other activities
eligible for assistance with amounts under this subsection.
Any such agreement entered into in violation of this
paragraph shall be void and unenforceable.
(4) Funding.--Of any amounts made available for financial
assistance under this title, the Secretary may use to carry
out this subsection $15,000,000 for fiscal year 1996.
(5) Limitation regarding assistance under hope grant
program.--The Secretary may not provide financial assistance
under this subsection to any resident management corporation
or resident council with respect to which assistance for the
development or formation of such entity is provided under
title III of the United States Housing Act of 1937 (as in
effect before the date of the enactment of this Act).
(6) Technical assistance and clearinghouse.--The Secretary
may use up to 10 percent of the amount made available
pursuant to paragraph (4)--
(A) to provide technical assistance, directly or by grant
or contract, and
(B) to receive, collect, process, assemble, and disseminate
information,
in connection with activities under this subsection.
[[Page 1058]]
(g) Assessment and Report by Secretary.--Not later than 3
years after the date of the enactment of the United States
Housing Act of 1996, the Secretary shall--
(1) conduct an evaluation and assessment of resident
management, and particularly of the effect of resident
management on living conditions in public housing; and
(2) submit to the Congress a report setting forth the
findings of the Secretary as a result of the evaluation and
assessment and including any recommendations the Secretary
determines to be appropriate.
(h) Applicability.--Any management contract between a local
housing and management authority and a resident management
corporation that is entered into after the date of the
enactment of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 shall be subject to this section and
any regulations issued to carry out this section.
Subtitle D--Homeownership
SEC. 251. RESIDENT HOMEOWNERSHIP PROGRAMS.
(a) In General.--A local housing and management authority
may carry out a homeownership program in accordance with this
section and the local housing management plan of the
authority to make public housing dwelling units, public
housing developments, and other housing projects available
for purchase by low-income families. An authority may
transfer a unit only pursuant to a homeownership program
approved by the Secretary. Notwithstanding section 108, the
Secretary may approve a local housing management plan without
approving the portion of the plan regarding a homeownership
program pursuant to this section.
(b) Participating Units.--A program under this section may
cover any existing public housing dwelling units or projects,
and may include other dwelling units and housing owned,
operated, or assisted, or otherwise acquired for use under
such program, by the local housing and management authority.
(c) Eligible Purchasers.--
(1) Low-income requirement.--Only low-income families
assisted by a local housing and management authority, other
low-income families, and entities formed to facilitate such
sales by purchasing units for resale to low-income families
shall be eligible to purchase housing under a homeownership
program under this section.
(2) Other requirements.--A local housing and management
authority may establish other requirements or limitations for
families to purchase housing under a homeownership program
under this section, including requirements or limitations
regarding employment or participation in employment
counseling or training activities, criminal activity,
participation in homeownership counseling programs, evidence
of regular income, and other requirements. In the case of
purchase by an entity for resale to low-income families, the
entity shall sell the units to low-income families within 5
years from the date of its acquisition of the units. The
entity shall use any net proceeds from the resale and from
managing the units, as determined in accordance with
guidelines of the Secretary, for housing purposes, such as
funding resident organizations and reserves for capital
replacements.
(d) Financing and Assistance.--A homeownership program
under this section may provide financing for acquisition of
housing by families purchasing under the program or by the
local housing and management authority for sale under this
program in any manner considered appropriate by the authority
(including sale to a resident management corporation).
(e) Downpayment Requirement.--
(1) In general.--Each family purchasing housing under a
homeownership program under this section shall be required to
provide from its own resources a downpayment in connection
with any loan for acquisition of the housing, in an amount
determined by the local housing and management authority.
Except as provided in paragraph (2), the authority shall
permit the family to use grant amounts, gifts from relatives,
contributions from private sources, and similar amounts as
downpayment amounts in such purchase,
(2) Direct family contribution.--In purchasing housing
pursuant to this section, each family shall contribute an
amount of the downpayment, from resources of the family other
than grants, gifts, contributions, or other similar amounts
referred to in paragraph (1), that is not less than 1 percent
of the purchase price.
(f) Ownership Interests.--A homeownership program under
this section may provide for sale to the purchasing family of
any ownership interest that the local housing and management
authority considers appropriate under the program, including
ownership in fee simple, a condominium interest, an interest
in a limited dividend cooperative, a shared appreciation
interest with a local housing and management authority
providing financing.
(g) Resale.--
(1) Authority and limitation.--A homeownership program
under this section shall permit the resale of a dwelling unit
purchased under the program by an eligible family, but shall
provide such limitations on resale as the authority considers
appropriate (whether the family purchases directly from the
authority or from another entity) for the authority to
recapture--
(A) from any economic gain derived from any such resale
occurring during the 5-year period beginning upon purchase of
the dwelling unit by the eligible family, a portion of the
amount of any financial assistance provided under the program
by the authority to the eligible family; and
(B) after the expiration of such 5-year period, only such
amounts as are equivalent to the assistance provided under
this section by the authority to the purchaser.
(2) Considerations.--The limitations referred to in
paragraph (1) may provide for consideration of the aggregate
amount of assistance provided under the program to the
family, the contribution to equity provided by the purchasing
eligible family, the period of time elapsed between purchase
under the homeownership program and resale, the reason for
resale, any improvements to the property made by the eligible
family, any appreciation in the value of the property, and
any other factors that the authority considers appropriate.
(h) Inapplicability of Disposition Requirements.--The
provisions of section 261 shall not apply to disposition of
public housing dwelling units under a homeownership program
under this section, except that any dwelling units sold under
such a program shall be treated as public housing dwelling
units for purposes of subsections (e) and (f) of section 261.
Subtitle E--Disposition, Demolition, and Revitalization of Developments
SEC. 261. REQUIREMENTS FOR DEMOLITION AND DISPOSITION OF
DEVELOPMENTS.
(a) Authority and Flexibility.--A local housing and
management authority may demolish, dispose of, or demolish
and dispose of nonviable or nonmarketable public housing
developments of the authority in accordance with this
section.
(b) Local Housing Management Plan Requirement.--A local
housing and management authority may take any action to
demolish or dispose of a public housing development (or a
portion of a development) only if such demolition or
disposition complies with the provisions of this section and
is in accordance with the local housing management plan for
the authority. Notwithstanding section 108, the Secretary may
approve a local housing management plan without approving the
portion of the plan covering demolition or disposition
pursuant to this section.
(c) Purpose of Demolition or Disposition.--A local housing
and management authority may demolish or dispose of a public
housing development (or portion of a development) only if the
authority provides sufficient evidence to the Secretary
that--
(1) the development (or portion thereof) is severely
distressed or obsolete;
(2) the development (or portion thereof) is in a location
making it unsuitable for housing purposes;
(3) the development (or portion thereof) has design or
construction deficiencies that make cost-effective
rehabilitation infeasible;
(4) assuming that reasonable rehabilitation and management
intervention for the development has been completed and paid
for, the anticipated revenue that would be derived from
charging market-based rents for units in the development (or
portion thereof) would not cover the anticipated operating
costs and replacement reserves of the development (or
portion) at full occupancy and the development (or portion)
would constitute a substantial burden on the resources of the
local housing and management authority;
(5) retention of the development (or portion thereof) is
not in the best interests of the residents of the local
housing and management authority because--
(A) developmental changes in the area surrounding the
development adversely affect the health or safety of the
residents or the feasible operation of the development by the
local housing and management authority;
(B) demolition or disposition will allow the acquisition,
development, or rehabilitation of other properties which will
be more efficiently or effectively operated as low-income
housing; or
(C) other factors exist that the authority determines are
consistent with the best interests of the residents and the
authority and not inconsistent with other provisions of this
Act;
(6) in the case only of demolition or disposition of a
portion of a development, the demolition or disposition will
help to ensure the remaining useful life of the remainder of
the development; or
(7) in the case only of property other than dwelling
units--
(A) the property is excess to the needs of a development;
or
(B) the demolition or disposition is incidental to, or does
not interfere with, continued operation of a development.
(d) Consultation.--A local housing and management authority
may demolish or dispose of a public housing development (or
portion of a development) only if the authority notifies and
confers regarding the demolition or disposition with--
(1) the residents of the development (or portion); and
(2) appropriate local government officials.
(e) Use of Proceeds.--Any net proceeds from the disposition
of a public housing development (or portion of a development)
shall be used for--
(1) housing assistance for low-income families that is
consistent with the low-income housing needs of the
community, through acquisition, development, or
rehabilitation of, or homeownership programs for, other low-
income housing or the provision of choice-
[[Page 1059]]
based assistance under title III for such families;
(2) supportive services relating to job training or child
care for residents of a development or developments; or
(3) leveraging amounts for securing commercial enterprises,
on-site in public housing developments of the local housing
and management authority, appropriate to serve the needs of
the residents.
(f) Relocation.--A local housing and management authority
that demolishes or disposes of a public housing development
(or portion of a development thereof) shall ensure that--
(1) each family that is a resident of the development (or
portion) that is demolished or disposed of is relocated to
other safe, clean, healthy, and affordable housing, which is,
to the maximum extent practicable, housing of the family's
choice or is provided with choice-based assistance under
title III;
(2) the local housing and management authority does not
take any action to dispose of any unit until any resident to
be displaced is relocated in accordance with paragraph (1);
and
(3) each resident family to be displaced is paid relocation
expenses, and the rent to be paid initially by the resident
following relocation does not exceed the amount permitted
under section 225(a).
(g) Right of First Refusal for Resident Organizations and
Resident Management Corporations.--
(1) In general.--A local housing and management authority
may not dispose of a public housing development (or portion
of a development) unless the authority has, before such
disposition, offered to sell the property, as provided in
this subsection, to each resident organization and resident
management corporation operating at the development for
continued use as low-income housing, and no such organization
or corporation purchases the property pursuant to such offer.
A resident organization may act, for purposes of this
subsection, through an entity formed to facilitate
homeownership under subtitle D.
(2) Timing.--Disposition of a development (or portion
thereof) under this section may not take place--
(A) before the expiration of the period during which any
such organization or corporation may notify the authority of
interest in purchasing the property, which shall be the 30-
day period beginning on the date that the authority first
provides notice of the proposed disposition of the property
to such resident organizations and resident management
corporations;
(B) if an organization or corporation submits notice of
interest in accordance with subparagraph (A), before the
expiration of the period during which such organization or
corporation may obtain a commitment for financing to purchase
the property, which shall be the 60-day period beginning upon
the submission to the authority of the notice of interest; or
(C) if, during the period under subparagraph (B), an
organization or corporation obtains such financing commitment
and makes a bona fide offer to the authority to purchase the
property for a price equal to or exceeding the applicable
offer price under paragraph (3).
The authority shall sell the property pursuant to any
purchase offer described in subparagraph (C).
(3) Terms of offer.--An offer by a local housing and
management authority to sell a property in accordance with
this subsection shall involve a purchase price that reflects
the market value of the property, the reason for the sale,
the impact of the sale on the surrounding community, and any
other factors that the authority considers appropriate.
(h) Information for Local Housing Management Plan.--A local
housing and management authority may demolish or dispose of a
public housing development (or portion thereof) only if it
includes in the applicable local housing management plan
information sufficient to describe--
(1) the housing to be demolished or disposed of;
(2) the purpose of the demolition or disposition under
subsection (c) and why the demolition or disposition complies
with the requirements under subsection (c);
(3) how the consultations required under subsection (d)
will be made;
(4) how the net proceeds of the disposition will be used in
accordance with subsection (e);
(5) how the authority will relocate residents, if
necessary, as required under subsection (f); and
(6) that the authority has offered the property for
acquisition by resident organizations and resident management
corporations in accordance with subsection (g).
(i) Site and Neighborhood Standards Exemption.--
Notwithstanding any other provision of law, a local housing
and management authority may provide for development of
public housing dwelling units on the same site or in the same
neighborhood as any dwelling units demolished, pursuant to a
plan under this section, but only if such development
provides for significantly fewer dwelling units.
(j) Treatment of Replacement Units.--In connection with any
demolition or disposition of public housing under this
section, a local housing and management authority may provide
for other housing assistance for low-income families that is
consistent with the low-income housing needs of the
community, including--
(1) the provision of choice-based assistance under title
III; and
(2) the development, acquisition, or lease by the authority
of dwelling units, which dwelling units shall--
(A) be eligible to receive assistance with grant amounts
provided under this title; and
(B) be made available for occupancy, operated, and managed
in the manner required for public housing, and subject to the
other requirements applicable to public housing dwelling
units.
(k) Permissible Relocation Without Plan.--If a local
housing and management authority determines that public
housing dwelling units are not clean, safe, and healthy or
cannot be maintained cost-effectively in a clean, safe, and
healthy condition, the local housing and management authority
may relocate residents of such dwelling units before the
submission of a local housing management plan providing for
demolition or disposition of such units.
(l) Consolidation of Occupancy Within or Among Buildings.--
Nothing in this section may be construed to prevent a local
housing and management authority from consolidating occupancy
within or among buildings of a public housing development, or
among developments, or with other housing for the purpose of
improving living conditions of, or providing more efficient
services to, residents.
(m) De Minimis Exception to Demolition Requirements.--
Notwithstanding any other provision of this section, in any
5-year period a local housing and management authority may
demolish not more than the lesser of 5 dwelling units or 5
percent of the total dwelling units owned and operated by the
local housing and management authority, without providing for
such demolition in a local housing management plan, but only
if the space occupied by the demolished unit is used for
meeting the service or other needs of public housing
residents or the demolished unit was beyond repair.
SEC. 262. DEMOLITION, SITE REVITALIZATION, REPLACEMENT
HOUSING, AND CHOICE-BASED ASSISTANCE GRANTS FOR
DEVELOPMENTS.
(a) Purposes.--The purpose of this section is to provide
assistance to local housing and management authorities for
the purposes of--
(1) reducing the density and improving the living
environment for public housing residents of severely
distressed public housing developments through the demolition
of obsolete public housing developments (or portions
thereof);
(2) revitalizing sites (including remaining public housing
dwelling units) on which such public housing developments are
located and contributing to the improvement of the
surrounding neighborhood; and
(3) providing housing that will avoid or decrease the
concentration of very low-income families; and
(4) providing choice-based assistance in accordance with
title III for the purpose of providing replacement housing
and assisting residents to be displaced by the demolition.
(b) Grant Authority.--The Secretary may make grants
available to local housing and management authorities as
provided in this section.
(c) Contribution Requirement.--The Secretary may not make
any grant under this section to any applicant unless the
applicant certifies to the Secretary that the applicant will
supplement the amount of assistance provided under this
section with an amount of funds from sources other than this
section equal to not less than 5 percent of the amount
provided under this section, including amounts from other
Federal sources, any State or local government sources, any
private contributions, and the value of any in-kind services
or administrative costs provided.
(d) Eligible Activities.--Grants under this section may be
used for activities to carry out revitalization programs for
severely distressed public housing, including--
(1) architectural and engineering work, including the
redesign, reconstruction, or redevelopment of a severely
distressed public housing development, including the site on
which the development is located;
(2) the demolition, sale, or lease of the site, in whole or
in part;
(3) covering the administrative costs of the applicant,
which may not exceed such portion of the assistance provided
under this section as the Secretary may prescribe;
(4) payment of reasonable legal fees;
(5) providing reasonable moving expenses for residents
displaced as a result of the revitalization of the
development;
(6) economic development activities that promote the
economic self-sufficiency of residents under the
revitalization program;
(7) necessary management improvements;
(8) leveraging other resources, including additional
housing resources, retail supportive services, jobs, and
other economic development uses on or near the development
that will benefit future residents of the site;
(9) replacement housing and housing assistance under title
III;
(10) transitional security activities; and
(11) necessary supportive services, except that not more
than 10 percent of the amount of any grant may be used for
activities under this paragraph.
(e) Application and Selection.--
(1) Application.--An application for a grant under this
section shall contain such information and shall be submitted
at such time and in accordance with such procedures, as the
Secretary shall prescribe.
[[Page 1060]]
(2) Selection criteria.--The Secretary shall establish
selection criteria for the award of grants under this
section, which shall include--
(A) the relationship of the grant to the local housing
management plan for the local housing and management
authority and how the grant will result in a revitalized site
that will enhance the neighborhood in which the development
is located;
(B) the capability and record of the applicant local
housing and management authority, or any alternative
management agency for the authority, for managing large-scale
redevelopment or modernization projects, meeting construction
timetables, and obligating amounts in a timely manner;
(C) the extent to which the local housing and management
authority could undertake such activities without a grant
under this section;
(D) the extent of involvement of residents, State and local
governments, private service providers, financing entities,
and developers, in the development of a revitalization
program for the development; and
(E) the amount of funds and other resources to be leveraged
by the grant.
The Secretary shall give preference in selection to any local
housing and management authority that has been awarded a
planning grant under section 24(c) of the United States
Housing Act of 1937 (as in effect before the date of the
enactment of this Act).
(f) Cost Limits.--Subject to the provisions of this
section, the Secretary--
(1) shall establish cost limits on eligible activities
under this section sufficient to provide for effective
revitalization programs; and
(2) may establish other cost limits on eligible activities
under this section.
(h) Demolition and Replacement.--Any severely distressed
public housing demolished or disposed of pursuant to a
revitalization plan and any public housing produced in lieu
of such severely distressed housing, shall be subject to the
provisions of section 261.
(i) Administration by Other Entities.--The Secretary may
require a grantee under this section to make arrangements
satisfactory to the Secretary for use of an entity other than
the local housing and management authority to carry out
activities assisted under the revitalization plan, if the
Secretary determines that such action will help to effectuate
the purposes of this section.
(j) Withdrawal of Funding.--If a grantee under this section
does not proceed expeditiously, in the determination of the
Secretary, the Secretary shall withdraw any grant amounts
under this section that have not been obligated by the local
housing and management authority. The Secretary shall
redistribute any withdrawn amounts to one or more local
housing and management authorities eligible for assistance
under this section or to one or more other entities capable
of proceeding expeditiously in the same locality in carrying
out the revitalization plan of the original grantee.
(k) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Applicant.--The term ``applicant'' means--
(A) any local housing and management authority that is not
designated as troubled or dysfunctional pursuant to section
431(a)(2);
(B) any local housing and management authority or private
housing management agent selected, or receiver appointed
pursuant, to section 438; and
(C) any local housing and management authority that is
designated as troubled pursuant to section 431(a)(2)(D)
that--
(i) is so designated principally for reasons that will not
affect the capacity of the authority to carry out a
revitalization program;
(ii) is making substantial progress toward eliminating the
deficiencies of the authority; or
(iii) is otherwise determined by the Secretary to be
capable of carrying out a revitalization program.
(2) Private nonprofit corporation.--The term ``private
nonprofit organization'' means any private nonprofit
organization (including a State or locally chartered
nonprofit organization) that--
(A) is incorporated under State or local law;
(B) has no part of its net earnings inuring to the benefit
of any member, founder, contributor, or individual;
(C) complies with standards of financial accountability
acceptable to the Secretary; and
(D) has among its purposes significant activities related
to the provision of decent housing that is affordable to very
low-income families.
(3) Severely distressed public housing.--The term
``severely distressed public housing'' means a public housing
development (or building in a development)--
(A) that requires major redesign, reconstruction or
redevelopment, or partial or total demolition, to correct
serious deficiencies in the original design (including
inappropriately high population density), deferred
maintenance, physical deterioration or obsolescence of major
systems and other deficiencies in the physical plant of the
development;
(B) is a significant contributing factor to the physical
decline of and disinvestment by public and private entities
in the surrounding neighborhood;
(C)(i) is occupied predominantly by families who are very
low-income families with children, are unemployed, and
dependent on various forms of public assistance; and
(ii) has high rates of vandalism and criminal activity
(including drug-related criminal activity) in comparison to
other housing in the area;
(D) cannot be revitalized through assistance under other
programs, such as the public housing block grant program
under this title, or the programs under sections 9 and 14 of
the United States Housing Act of 1937 (as in effect before
the date of the enactment of this Act), because of cost
constraints and inadequacy of available amounts; and
(E) in the case of individual buildings, the building is,
in the Secretary's determination, sufficiently separable from
the remainder of the development of which the building is
part to make use of the building feasible for purposes of
this section.
(4) Supportive services.--The term ``supportive services''
includes all activities that will promote upward mobility,
self-sufficiency, and improved quality of life for the
residents of the public housing development involved,
including literacy training, job training, day care, and
economic development activities.
(l) Annual Report.--The Secretary shall submit to the
Congress an annual report setting forth--
(1) the number, type, and cost of public housing units
revitalized pursuant to this section;
(2) the status of developments identified as severely
distressed public housing;
(3) the amount and type of financial assistance provided
under and in conjunction with this section; and
(4) the recommendations of the Secretary for statutory and
regulatory improvements to the program established by this
section.
(m) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for grants under this section $480,000,000
for each of fiscal years 1996, 1997, and 1998.
(2) Technical assistance.--Of the amount appropriated
pursuant to paragraph (1) for any fiscal year, the Secretary
may use not more than 0.50 percent for technical assistance.
Such assistance may be provided directly or indirectly by
grants, contracts, or cooperative agreements, and shall
include training, and the cost of necessary travel for
participants in such training, by or to officials of the
Department of Housing and Urban Development, of local housing
and management authorities, and of residents.
(n) Sunset.--No assistance may be provided under this
section after September 30, 1998.
SEC. 263. VOLUNTARY VOUCHER SYSTEM FOR PUBLIC HOUSING.
(a) In General.--A local housing and management authority
may convert any public housing development (or portion
thereof) owned and operated by the authority to a system of
choice-based rental housing assistance under title III, in
accordance with this section.
(b) Assessment and Plan Requirement.--In converting under
this section to a choice-based rental housing assistance
system, the local housing and management authority shall
develop a conversion assessment and plan under this
subsection, in consultation with the appropriate public
officials and with significant participation by the residents
of the development (or portion thereof), which assessment and
plan shall--
(1) be consistent with and part of the local housing
management plan for the authority;
(2) describe the conversion and future use or disposition
of the public housing development, including an impact
analysis on the affected community;
(3) include a cost analysis that demonstrates whether or
not the cost (both on a net present value basis and in terms
of new budget authority requirements) of providing choice-
based rental housing assistance under title III for the same
families in substantially similar dwellings over the same
period of time is less expensive than continuing public
housing assistance in the public housing development proposed
for conversion for the remaining useful life of the
development; and
(4) identify the actions, if any, that the local housing
and management authority will take with regard to converting
any public housing development or developments (or portions
thereof) of the authority to a system of choice-based rental
housing assistance under title III.
(c) Streamlined Assessment and Plan.--At the discretion of
the Secretary or at the request of a local housing and
management authority, the Secretary may waive any or all of
the requirements of subsection (b) or otherwise require a
streamlined assessment with respect to any public housing
development or class of public housing developments.
(d) Implementation of Conversion Plan.--
(1) In general.--A local housing and management authority
may implement a conversion plan only if the conversion
assessment under this section demonstrates that the
conversion--
(A) will not be more expensive than continuing to operate
the public housing development (or portion thereof) as public
housing; and
(B) will principally benefit the residents of the public
housing development (or portion thereof) to be converted, the
local housing and management authority, and the community.
(2) Disapproval.--The Secretary shall disapprove a
conversion plan only if the plan is
[[Page 1061]]
plainly inconsistent with the conversion assessment under
subsection (b) or there is reliable information and data
available to the Secretary that contradicts that conversion
assessment.
(e) Other Requirements.--To the extent approved by the
Secretary, the funds used by the local housing and management
authority to provide choice-based rental housing assistance
under title III shall be added to the housing assistance
payment contract administered by the local housing and
management authority or any entity administering the contract
on behalf of the local housing and management authority.
(f) Savings Provision.--This section does not affect any
contract or other agreement entered into under section 22 of
the United States Housing Act of 1937 (as such section
existed immediately before the enactment of this Act).
Subtitle F--General Provisions
SEC. 271. CONVERSION TO BLOCK GRANT ASSISTANCE.
(a) Savings Provisions.--Any amounts made available to a
public housing agency for assistance for public housing
pursuant to the United States Housing Act of 1937 (or any
other provision of law relating to assistance for public
housing) under an appropriation for fiscal year 1996 or any
previous fiscal year shall be subject to the provisions of
such Act as in effect before the enactment of this Act,
notwithstanding the repeals made by this Act, except to the
extent the Secretary provides otherwise to provide for the
conversion of public housing and public housing assistance to
the system provided under this Act.
(b) Modifications.--Notwithstanding any provision of this
Act or any annual contributions contract or other agreement
entered into by the Secretary and a public housing agency
pursuant to the provisions of the United States Housing Act
of 1937 (as in effect before the enactment of this Act), the
Secretary and the agency may by mutual consent amend,
supersede, modify any such agreement as appropriate to
provide for assistance under this title, except that the
Secretary and the agency may not consent to any such
amendment, supersession, or modification that substantially
alters any outstanding obligations requiring continued
maintenance of the low-income character of any public housing
development and any such amendment, supersession, or
modification shall not be given effect.
SEC. 272. PAYMENT OF NON-FEDERAL SHARE.
Rental or use-value of buildings or facilities paid for, in
whole or in part, from production, modernization, or
operation costs financed under this title may be used as the
non-Federal share required in connection with activities
undertaken under Federal grant-in-aid programs which provide
social, educational, employment, and other services to the
residents in a project assisted under this title.
SEC. 273. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Acquisition cost.--The term ``acquisition cost'' means
the amount prudently expended by a local housing and
management authority in acquiring property for a public
housing development.
(2) Development.--The terms ``public housing development''
and ``development'' mean--
(A) public housing; and
(B) the improvement of any such housing.
(3) Eligible local housing and management authority.--The
term ``eligible local housing and management authority''
means, with respect to a fiscal year, a local housing and
management authority that is eligible under section 202(d)
for a grant under this title.
(4) Group home and independent living facility.--The terms
``group home'' and ``independent living facility'' have the
meanings given such terms in section 811(k) of the Cranston-
Gonzalez National Affordable Housing Act.
(5) Operation.--The term ``operation'' means any or all
undertakings appropriate for management, operation, services,
maintenance, security (including the cost of security
personnel), or financing in connection with a public housing
development, including the financing of resident programs and
services.
(6) Production.--The term ``production'' means any or all
undertakings necessary for planning, land acquisition,
financing, demolition, construction, or equipment, in
connection with the construction, acquisition, or
rehabilitation of a property for use as a public housing
development, including activity in connection with a public
housing development that is confined to the reconstruction,
remodeling, or repair of existing buildings.
(7) Production cost.--The term ``production cost'' means
the costs incurred by a local housing and management
authority for production of public housing and the necessary
financing for production (including the payment of carrying
charges and acquisition costs).
(8) Resident council.--The term ``resident council'' means
an organization or association that meets the requirements of
section 234(a).
(9) Resident management corporation.--The term ``resident
management corporation'' means a corporation that meets the
requirements of section 234(b).
(10) Resident program.--The term ``resident programs and
services'' means programs and services for families residing
in public housing developments. Such term includes (A) the
development and maintenance of resident organizations which
participate in the management of public housing developments,
(B) the training of residents to manage and operate the
public housing development and the utilization of their
services in management and operation of the development, (C)
counseling on household management, housekeeping, budgeting,
money management, homeownership issues, child care, and
similar matters, (D) advice regarding resources for job
training and placement, education, welfare, health, and other
community services, (E) services that are directly related to
meeting resident needs and providing a wholesome living
environment; and (F) referral to appropriate agencies in the
community when necessary for the provision of such services.
To the maximum extent available and appropriate, existing
public and private agencies in the community shall be used
for the provision of such services.
SEC. 274. AUTHORIZATION OF APPROPRIATIONS FOR BLOCK GRANTS.
There are authorized to be appropriated for grants under
this title, the following amounts:
(1) Capital Fund.--For the allocations from the capital
fund for grants, $2,500,000,000 for each of fiscal years
1997, 1998, 1999, and 2000; and
(2) Operating Fund.--For the allocations from the operating
fund for grants, $2,800,000,000 for each of fiscal years
1997, 1998, 1999, and 2000.
SEC. 275. AUTHORIZATION OF APPROPRIATIONS FOR OPERATION SAFE
HOME.
There is authorized to be appropriated, for assistance for
relocating residents of public housing under the operation
safe home program of the Department of Housing and Urban
Development (including assistance for costs of relocation and
housing assistance under title III), $700,000 for each of
fiscal years 1996, 1997, 1998, 1999, and 2000. The Secretary
shall provide that families who are residing in public
housing, who have been subject to domestic violence, and for
whom provision of assistance is likely to reduce or eliminate
the threat of subsequent violence to the members of the
family, shall be eligible for assistance under the operation
safe home program.
TITLE III--CHOICE-BASED RENTAL HOUSING AND HOMEOWNERSHIP ASSISTANCE FOR
LOW-INCOME FAMILIES
Subtitle A--Allocation
SEC. 301. AUTHORITY TO PROVIDE HOUSING ASSISTANCE AMOUNTS.
To the extent that amounts to carry out this title are made
available, the Secretary may enter into contracts with local
housing and management authorities for each fiscal year to
provide housing assistance under this title.
SEC. 302. CONTRACTS WITH LHMA'S.
(a) Condition of Assistance.--The Secretary may provide
amounts under this title to a local housing and management
authority for a fiscal year only if the Secretary has entered
into a contract under this section with the local housing and
management authority, under which the Secretary shall provide
such authority with amounts (in the amount of the allocation
for the authority determined pursuant to section 304) for
housing assistance under this title for low-income families.
(b) Use for Housing Assistance.--A contract under this
section shall require a local housing and management
authority to use amounts provided under this title to provide
housing assistance in any manner authorized under this title.
(c) Annual Obligation of Authority.--A contract under this
title shall provide amounts for housing assistance for 1
fiscal year covered by the contract.
(d) Enforcement of Housing Quality Requirements.--Each
contract under this section shall require the local housing
and management authority administering assistance provided
under the contract--
(1) to ensure compliance, under each housing assistance
payments contract entered into pursuant to the contract under
this section, with the provisions of the housing assistance
payments contract included pursuant to section 351(c)(4); and
(2) to establish procedures for assisted families to notify
the authority of any noncompliance with such provisions.
SEC. 303. ELIGIBILITY OF LHMA'S FOR ASSISTANCE AMOUNTS.
The Secretary may provide amounts available for housing
assistance under this title pursuant to the formula
established under section 304(a) to a local housing and
management authority only if--
(1) the authority has submitted a local housing management
plan to the Secretary for such fiscal year and applied to the
Secretary for such assistance;
(2) the plan has been determined to comply with the
requirements under section 107 and the Secretary has not
notified the authority that the plan fails to comply with
such requirements;
(3) the authority is accredited under section 433 by the
Housing Foundation and Accreditation Board;
(4) no member of the board of directors or other governing
body of the authority, or the executive director, has been
convicted of a felony; and
(5) the authority has not been disqualified for assistance
pursuant to subtitle B of title IV.
SEC. 304. ALLOCATION OF AMOUNTS.
(a) Formula Allocation.--
[[Page 1062]]
(1) In general.--When amounts for assistance under this
title are first made available for reservation, after
reserving amounts in accordance with subsections (b)(3) and
(c), and section 112, the Secretary shall allocate such
amounts, only among local housing and management authorities
meeting the requirements under this title to receive such
assistance, on the basis of a formula that is established in
accordance with paragraph (2) and based upon appropriate
criteria to reflect the needs of different States, areas, and
communities, using the most recent data available from the
Bureau of the Census of the Department of Commerce and the
comprehensive housing affordability strategy under section
105 of the Cranston-Gonzalez National Affordable Housing Act
(or any consolidated plan incorporating such strategy) for
the applicable jurisdiction. The Secretary may establish a
minimum allocation amount, in which case only the local
housing and management authorities that, pursuant to the
formula, are provided an amount equal to or greater than the
minimum allocation amount, shall receive an allocation.
(2) Regulations.--The formula under this subsection shall
be established by regulation issued by the Secretary.
Notwithstanding sections 563(a) and 565(a) of title 5, United
States Code, any proposed regulation containing such formula
shall be issued pursuant to a negotiated rulemaking procedure
under subchapter of chapter 5 of such title and the Secretary
shall establish a negotiated rulemaking committee for
development of any such proposed regulations.
(b) Allocation Considerations.--
(1) Limitation on reallocation for another state.--Any
amounts allocated for a State or areas or communities within
a State that are not likely to be used within the fiscal year
for which the amounts are provided shall not be reallocated
for use in another State, unless the Secretary determines
that other areas or communities within the same State (that
are eligible for amounts under this title) cannot use the
amounts within the same fiscal year.
(2) Effect of receipt of tenant-based assistance for
disabled families.--The Secretary may not consider the
receipt by a local housing and management authority of
assistance under section 811(b)(1) of the Cranston-Gonzalez
National Affordable Housing Act, or the amount received, in
approving amounts under this title for the authority or in
determining the amount of such assistance to be provided to
the authority.
(3) Exemption from formula allocation.--The formula
allocation requirements of subsection (a) shall not apply to
any assistance under this title that is approved in
appropriation Acts for uses that the Secretary determines are
incapable of geographic allocation, including funding for the
headquarters reserve fund under section 112, amendments of
existing housing assistance payments contracts, renewal of
such contracts, assistance to families that would otherwise
lose assistance due to the decision of the project owner to
prepay the project mortgage or not to renew the housing
assistance payments contract, assistance to prevent
displacement from public or assisted housing or to provide
replacement housing in connection with the demolition or
disposition of public housing, assistance for relocation from
public housing, assistance in connection with protection of
crime witnesses, assistance for conversion from leased
housing contracts under section 23 of the United States
Housing Act of 1937 (as in effect before the enactment of the
Housing and Community Development Act of 1974), and
assistance in support of the property disposition and
portfolio management functions of the Secretary.
(c) Recapture of Amounts.--
(1) Authority.--In each fiscal year, from any budget
authority made available for assistance under this title or
section 8 of the United States Housing Act of 1937 (as in
effect before the enactment of this Act) that is obligated to
a local housing and management authority but remains
unobligated by the authority upon the expiration of the 8-
month period beginning upon the initial availability of such
amounts for obligation by the authority, the Secretary may
deobligate an amount, as determined by the Secretary, not
exceeding 50 percent of such unobligated amount.
(2) Use.--The Secretary may reallocate and transfer any
amounts deobligated under paragraph (1) only to local housing
and management authorities in areas that the Secretary
determines have received less funding than other areas, based
on the relative needs of all areas.
SEC. 305. ADMINISTRATIVE FEES.
(a) Fee for Ongoing Costs of Administration.--
(1) In general.--The Secretary shall establish fees for the
costs of administering the choice-based housing assistance
program under this title.
(2) Fiscal year 1996.--
(A) Calculation.--For fiscal year 1996, the fee for each
month for which a dwelling unit is covered by a contract for
assistance under this title shall be--
(i) in the case of a local housing and management authority
that, on an annual basis, is administering a program for not
more than 600 dwelling units, 7.65 percent of the base
amount; and
(ii) in the case of an authority that, on an annual basis,
is administering a program for more than 600 dwelling units--
(I) for the first 600 units, 7.65 percent of the base
amount; and
(II) for any additional dwelling units under the program,
7.0 percent of the base amount.
(B) Base amount.--For purposes of this paragraph, the base
amount shall be the higher of--
(i) the fair market rental established under section 8(c)
of the United States Housing Act of 1937 (as in effect
immediately before the date of the enactment of this Act) for
fiscal year 1993 for a 2-bedroom existing rental dwelling
unit in the market area of the authority, and
(ii) the amount that is the lesser of (I) such fair market
rental for fiscal year 1994 or (II) 103.5 percent of the
amount determined under clause (i),
adjusted based on changes in wage data or other objectively
measurable data that reflect the costs of administering the
program, as determined by the Secretary. The Secretary may
require that the base amount be not less than a minimum
amount and not more than a maximum amount.
(3) Subsequent fiscal years.--For subsequent fiscal years,
the Secretary shall publish a notice in the Federal Register,
for each geographic area, establishing the amount of the fee
that would apply for local housing and management authorities
administering the program, based on changes in wage data or
other objectively measurable data that reflect the costs of
administering the program, as determined by the Secretary.
(4) Increase.--The Secretary may increase the fee if
necessary to reflect the higher costs of administering small
programs and programs operating over large geographic areas.
(b) Fee for Preliminary Expenses.--The Secretary shall also
establish reasonable fees (as determined by the Secretary)
for--
(1) the costs of preliminary expenses, in the amount of
$500, for a local housing and management authority, but only
in the first year that the authority administers a choice-
based housing assistance program under this title, and only
if, immediately before the date of the enactment of this Act,
the authority was not administering a tenant-based rental
assistance program under the United States Housing Act of
1937 (as in effect immediately before such date of
enactment), in connection with its initial increment of
assistance received;
(2) the costs incurred in assisting families who experience
difficulty (as determined by the Secretary) in obtaining
appropriate housing under the programs; and
(3) extraordinary costs approved by the Secretary.
(c) Transfer of Fees in Cases of Concurrent Geographical
Jurisdiction.--
(1) In general.--In each fiscal year, if any local housing
and management authority provides tenant-based rental
assistance under section 8 of the United States Housing Act
of 1937 or housing assistance under this title on behalf of a
family who uses such assistance for a dwelling unit that is
located within the jurisdiction of such authority but is also
within the jurisdiction of another local housing and
management authority, the Secretary shall take such steps as
may be necessary to ensure that the local housing and
management authority that provides the services for a family
receives all or part of the administrative fee under this
section (as appropriate).
SEC. 306. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for
providing local housing and management authorities with
housing assistance under this title, $1,861,668,000 for each
of fiscal years 1996, 1997, 1998, 1999, and 2000.
(b) Assistance for Disabled Families.--
(1) Authorization of appropriations.--There is authorized
to be appropriated, for choice-based housing assistance under
this title to be used in accordance with paragraph (2),
$50,000,000 for fiscal year 1997, and such sums as may be
necessary for each subsequent fiscal year.
(2) Use.--The Secretary shall provide amounts made
available under paragraph (1) to local housing and management
authorities only for use to provide housing assistance under
this title for nonelderly disabled families (including such
families relocating pursuant to designation of a public
housing development under section 227 and other nonelderly
disabled families who have applied to the authority for
housing assistance under this title).
(3) Allocation of amounts.--The Secretary shall allocate
and provide amounts made available under paragraph (1) to
local housing and management authorities as the Secretary
determines appropriate based on the relative levels of need
among the authorities for assistance for families described
in paragraph (1).
SEC. 307. CONVERSION OF SECTION 8 ASSISTANCE.
(a) In General.--Any amounts made available to a local
housing and management authority under a contract for annual
contributions for assistance under section 8 of the United
States Housing Act of 1937 (as in effect before the enactment
of this Act) that have not been obligated for such assistance
by such authority before such enactment shall be used to
provide assistance under this title, except to the extent the
Secretary determines such use is inconsistent with existing
commitments.
(b) Exception.--Subsection (a) shall not apply to any
amounts made available under a contract for housing
constructed or substantially rehabilitated pursuant to
section 8(b)(2) of the United States Housing Act of 1937, as
in effect before October 1, 1983.
[[Page 1063]]
Subtitle B--Choice-Based Housing Assistance for Eligible Families
SEC. 321. ELIGIBLE FAMILIES AND PREFERENCES FOR ASSISTANCE.
(a) Low-Income Requirement.--Housing assistance under this
title may be provided only on behalf of a family that--
(1) at the time that such assistance is initially provided
on behalf of the family, is determined by the local housing
and management authority to be a low-income family; or
(2) qualifies to receive such assistance under any other
provision of Federal law.
(b) Income Targeting.--Of the families initially assisted
under this title by a local housing and management authority
in any year, not less than 50 percent shall be families whose
incomes do not exceed 60 percent of the area median income,
as determined by the Secretary with adjustments for smaller
and larger families. The Secretary may establish income
ceiling higher or lower than 30 percent of the area median
income on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low
family incomes.
(c) Income Targeting.--Of the families initially assisted
under this title by a local housing and management authority
in any year, not less than 40 percent shall be families whose
incomes do not exceed 30 percent of the area median income,
as determined by the Secretary with adjustments for smaller
and larger families. The Secretary may establish income
ceiling higher or lower than 30 percent of the area median
income on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low
family incomes.
(d) Reviews of Family Incomes.--
(1) In general.--Reviews of family incomes for purposes of
this title shall be subject to the provisions of section 904
of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 and shall be conducted upon the initial provision of
housing assistance for the family and thereafter not less
than annually.
(2) Procedures.--Each local housing and management
authority administering housing assistance under this title
shall establish procedures that are appropriate and necessary
to ensure that income data provided to the authority and
owners by families applying for or receiving housing
assistance from the authority is complete and accurate.
(e) Preferences for Assistance.--
(1) Authority to establish.--Any local housing and
management authority that receives amounts under this title
may establish a system for making housing assistance
available on behalf of eligible families that provides
preference for such assistance to eligible families having
certain characteristics.
(2) Content.--Each system of preferences established
pursuant to this subsection shall be based upon local housing
needs and priorities, as determined by the local housing and
management authority using generally accepted data sources,
including any information obtained pursuant to an opportunity
for public comment as provided under section 107(e) or under
the requirements applicable to comprehensive housing
affordability strategy for the relevant jurisdiction.
(f) Portability of Housing Assistance.--
(1) National portability.--An eligible family that is
selected to receive or is receiving assistance under this
title may rent any eligible dwelling unit in any area where a
program is being administered under this title.
Notwithstanding the preceding sentence, a local housing and
management authority may require that any family not living
within the jurisdiction of the local housing and management
authority at the time the family applies for assistance from
the authority shall, during the 12-month period beginning on
the date of initial receipt of housing assistance made
available on behalf of the family from that authority, lease
and occupy an eligible dwelling unit located within the
jurisdiction served by the authority. The authority for the
jurisdiction into which the family moves shall have the
responsibility for administering assistance for the family.
(2) Source of funding for a family that moves.--For a
family that has moved into the jurisdiction of a local
housing and management authority and that, at the time of the
move, has been selected to receive, or is receiving,
assistance provided by another authority, the authority for
the jurisdiction into which the family has moved may, in its
discretion, cover the cost of assisting the family under its
contract with the Secretary or through reimbursement from the
other authority under that authority's contract.
(3) Authority to deny assistance to certain families who
move.--A family may not receive housing assistance as
provided under this subsection if the family has moved from a
dwelling unit in violation of the lease for the dwelling
unit.
(4) Funding allocations.--In providing assistance amounts
under this title for local housing and management authorities
for any fiscal year, the Secretary may give consideration to
any reduction or increase in the number of resident families
under the program of an authority in the preceding fiscal
year as a result of this subsection.
(g) Loss of Assistance Upon Termination of Tenancy.--A
local housing and management authority shall, consistent with
the policies described in the local housing management plan
of the authority, establish policies providing that an
assisted family whose tenancy is terminated for serious
violations of the terms or conditions of the lease shall--
(1) lose any right to continued housing assistance; and
(2) immediately become ineligible for housing assistance
under this title or for admission to public housing under
title II--
(A) in the case of a termination due to drug-related
criminal activity, for a period of not less than 3 years from
the date of the termination; and
(B) for other terminations, for a reasonable period of time
as determined by the local housing and management authority.
(h) Confidentiality for Victims of Domestic Violence.--A
local housing and management authority shall be subject to
the restrictions regarding release of information relating to
the identity and new residence of any family receiving
housing assistance who was a victim of domestic violence that
are applicable to shelters pursuant to the Family Violence
Prevention and Services Act. The authority shall work with
the United States Postal Service to establish procedures
consistent with the confidentiality provisions in the
Violence Against Women Act of 1994.
(i) Denial of Assistance to Criminal Offenders.--In making
assistance under this title available on behalf of eligible
families, a local housing and management authority may deny
the provision of such assistance in the same manner, for the
same period, and subject to the same conditions that an owner
of federally assisted housing may deny occupancy in such
housing under subsections (b) and (c) of section 642 of the
Housing and Community Development Act of 1992.
(j) Availability of Criminal Records.--A local housing and
management authority may request and obtain records regarding
the criminal convictions of applicants for housing assistance
under this title and assisted families under this title to
the same extent an owner of federally assisted housing may
obtain such records regarding an applicant for or tenant of
federally assisted housing under section 646 of the Housing
and Community Development Act of 1992.
SEC. 322. RESIDENT CONTRIBUTION.
(a) Amount.--
(1) In general.--An assisted family shall contribute on a
monthly basis for the rental of an assisted dwelling unit an
amount that the local housing and management authority
determines is appropriate with respect to the family and the
unit, but shall not be less than the minimum monthly rental
contribution determined under subsection (d).
(2) Exceptions for certain current residents.--
Notwithstanding paragraph (1), the amount paid by an assisted
family for monthly rent for an assisted dwelling unit, may
not exceed 30 percent of the family's adjusted monthly income
for any family who--
(A) upon the date of the enactment of this Act, is an
assisted family and--
(i) is an elderly family; or
(ii) is a disabled family; or
(B) has an income that does not exceed 30 percent of the
median income for the area (as determined by the Secretary
with adjustments for smaller and larger families).
Any amount payable under paragraph (3) shall be in addition
to the amount payable under this paragraph.
(3) Excess rental amount.--In any case in which the monthly
rent charged for a dwelling unit pursuant to the housing
assistance payments contract exceeds the applicable payment
standard (established under section 353) for the dwelling
unit, the assisted family residing in the unit shall
contribute (in addition to the amount of the monthly rent
contribution otherwise determined under paragraph (1) or (2)
of this subsection for such family) such entire excess rental
amount.
(b) Limitation.--Notwithstanding any other provision of
this section, the amount paid by an assisted family that is
an elderly family or a disabled family, for monthly rent for
an assisted dwelling unit bearing a gross rent that does not
exceed the payment standard established under section 353 for
a dwelling unit of the applicable size and located in the
market area in which such assisted dwelling unit is located,
may not exceed 30 percent of the family's adjusted monthly
income.
(c) Limitation.--Notwithstanding any other provision of
this section, the amount paid by an assisted family whose
head (or whose spouse) is a veteran (as such term is defined
in section 203(b) of the National Housing Act) for monthly
rent for an assisted dwelling unit bearing a gross rent that
does not exceed the payment standard established under
section 353 for a dwelling unit of the applicable size and
located in the market area in which such assisted dwelling
unit is located may not exceed 30 percent of the family's
adjusted monthly income.
(d) Minimum Monthly Rental Contribution.--
(1) In General.--The local housing and management authority
shall determine the amount of the minimum monthly rental
contribution of an assisted family (which rent shall include
any amount allowed for utilities), which--
(A) shall be based upon factors including the adjusted
income of the family and any other factors that the authority
considers appropriate;
(B) shall be not less than $25, nor more than $50; and
(C) may be increased annually by the authority, except that
no such annual increase may exceed 10 percent of the amount
of the minimum monthly contribution in effect for the
preceding year.
(2) Hardship exception.--Notwithstanding paragraph (1), a
local housing and manage
[[Page 1064]]
ment authority may, in its sole discretion, grant an
exemption in whole or in part from payment of the minimum
monthly rental contribution established under this paragraph
to any assisted family unable to pay such amount because of
severe financial hardships. Severe financial hardships may
include situations where the family is awaiting an
eligibility determination for a Federal, State, or local
assistance program, where the family would be evicted as a
result of imposition of the minimum rent, and other
situations as may be determined by the authority.
(e) Treatment of Changes in Rental Contribution.--
(1) Notification of changes.--A local housing and
management authority shall promptly notify the owner of an
assisted dwelling unit of any change in the resident
contribution by the assisted family residing in the unit that
takes effect immediately or at a later date.
(2) Collection of retroactive changes.--In the case of any
change in the rental contribution of an assisted family that
affects rental payments previously made, the local housing
and management authority shall collect any additional amounts
required to be paid by the family under such change directly
from the family and shall refund any excess rental
contribution paid by the family directly to the family.
(f) Phase-In of Rent Contribution Increases.--
(1) In general.--Except as provided in paragraph (2), for
any family that is receiving tenant-based rental assistance
under section 8 of the United States Housing Act of 1937 upon
the initial applicability of the provisions of this title to
such family, if the monthly contribution for rental of an
assisted dwelling unit to be paid by the family upon such
initial applicability is greater than the amount paid by the
family under the provisions of the United States Housing Act
of 1937 immediately before such applicability, any such
resulting increase in rent contribution shall be--
(A) phased in equally over a period of not less than 3
years, if such increase is 30 percent or more of such
contribution before initial applicability; and
(B) limited to not more than 10 percent per year if such
increase is more than 10 percent but less than 30 percent of
such contribution before initial applicability.
(2) Exception.--The minimum rent contribution requirement
under subsection (d)(1)(B) shall apply to each family
described in paragraph (1) of this subsection,
notwithstanding such paragraph.
SEC. 323. RENTAL INDICATORS.
(a) In General.--The Secretary shall establish and issue
rental indicators under this section periodically, but not
less than annually, for existing rental dwelling units that
are eligible dwelling units. The Secretary shall establish
and issue the rental indicators by housing market area (as
the Secretary shall establish) for various sizes and types of
dwelling units.
(b) Amount.--For a market area, the rental indicator
established under subsection (a) for a dwelling unit of a
particular size and type in the market area shall be a dollar
amount that reflects the rental amount for a standard quality
rental unit of such size and type in the market area that is
an eligible dwelling unit.
(c) Effective Date.--The Secretary shall cause the proposed
rental indicators established under subsection (a) for each
market area to be published in the Federal Register with
reasonable time for public comment, and such rental
indicators shall become effective upon the date of
publication in final form in the Federal Register.
(d) Annual Adjustment.--Each rental indicator in effect
under this section shall be adjusted to be effective on
October 1 of each year to reflect changes, based on the most
recent available data trended so that the indicators will be
current for the year to which they apply, in rents for
existing rental dwelling units of various sizes and types in
the market area suitable for occupancy by families assisted
under this title.
SEC. 324. LEASE TERMS.
Rental assistance may be provided for an eligible dwelling
unit only if the assisted family and the owner of the
dwelling unit enter into a lease for the unit that--
(1) provides for a single lease term of 12 months and
continued tenancy after such term under a periodic tenancy on
a month-to-month basis;
(2) contains terms and conditions specifying that
termination of tenancy during the term of a lease shall be
subject to the provisions set forth in section 325; and
(3) is set forth in the standard form, which is used in the
local housing market area by the owner and applies generally
to any other tenants in the property who are not assisted
families, together with any addendum necessary to include the
many terms required under this section.
A lease may include any addenda appropriate to set forth the
provisions under this title.
SEC. 325. TERMINATION OF TENANCY.
(a) General Grounds for Termination of Tenancy.--Each
housing assistance payments contract under section 351 shall
provide that the owner of any assisted dwelling unit assisted
under the contract may, before expiration of a lease for a
unit, terminate the tenancy of any tenant of the unit, but
only for--
(1) violation of the terms and conditions of the lease,
violation of applicable Federal, State, or local law, or
other good cause; or
(2) any activity, engaged in by the tenant, any member of
the tenant's household, or any guest or other person under
the tenant's control, that--
(A) threatens the health or safety of, or right to peaceful
enjoyment of the premises by, other tenants or employees of
the owner or manager of the housing;
(B) threatens the health or safety of, or right to peaceful
enjoyment of their residences by, persons residing in the
immediate vicinity of the premises; or
(C) is criminal activity (including drug-related criminal
activity) on or off such premises.
(b) Manner of Termination.--Each housing assistance
payments contract shall provide that the owner shall conduct
the termination of tenancy of any tenant of an assisted
dwelling unit under the contract in accordance with
applicable State or local laws, including providing any
notice of termination required under such laws.
SEC. 326. ELIGIBLE OWNERS.
(a) Ownership Entity.--Rental assistance under this title
may be provided for any eligible dwelling unit for which the
owner is any public agency, private person or entity
(including a cooperative), nonprofit organization, agency of
the Federal Government, or local housing and management
authority.
(b) Ineligible Owners.--
(1) In general.--Notwithstanding subsection (a), a local
housing and management authority--
(A) may not enter into a housing assistance payments
contract (or renew an existing contract) covering a dwelling
unit that is owned by an owner who is debarred, suspended, or
subject to limited denial of participation under part 24 of
title 24, Code of Federal Regulations;
(B) may prohibit, or authorize the termination or
suspension of, payment of housing assistance under a housing
assistance payments contract in effect at the time such
debarment, suspension, or limited denial of participation
takes effect.
If the local housing and management authority takes action
under subparagraph (B), the authority shall take such actions
as may be necessary to protect assisted families who are
affected by the action, which may include the provision of
additional assistance under this title to such families.
(2) Prohibition of sale to related parties.--The Secretary
shall establish guidelines to prevent housing assistance
payments for a dwelling unit that is owned by any spouse,
child, or other party who allows an owner described in
paragraph (1) to maintain control of the unit.
SEC. 327. SELECTION OF DWELLING UNITS.
(a) Family Choice.--The determination of the dwelling unit
in which an assisted family resides and for which housing
assistance is provided under this title shall be made solely
by the assisted family, subject to the provisions of this
title and any applicable law.
(b) Deed Restrictions.--Housing assistance may not be used
in any manner that abrogates any local deed restriction that
applies to any housing consisting of 1 to 4 dwelling units.
Nothing in this section may be construed to affect the
provisions or applicability of the Fair Housing Act.
SEC. 328. ELIGIBLE DWELLING UNITS.
(a) In General.--A dwelling unit shall be an eligible
dwelling unit for purposes of this title only if the local
housing and management authority to provide housing
assistance for the dwelling unit determines that the dwelling
unit--
(1) is an existing dwelling unit that is not located within
a nursing home or the grounds of any penal, reformatory,
medical, mental, or similar public or private institution;
and
(2) complies--
(A) with applicable State or local laws, regulations,
standards, or codes regarding habitability of residential
dwellings that--
(i) are in effect for the jurisdiction in which the
dwelling unit is located;
(ii) provide protection to residents of the dwellings that
is equal to or greater than the protection provided under the
housing quality standards established under subsection (b);
and
(iii) that do not severely restrict housing choice; or
(B) in the case of a dwelling unit located in a
jurisdiction which does not have in effect laws, regulations,
standards, or codes described in subparagraph (A), with the
housing quality standards established under subsection (c).
Each local housing and management authority providing housing
assistance shall identify, in the local housing management
plan for the authority, whether the authority is utilizing
the standard under subparagraph (A) or (B) of paragraph (2)
and, if the authority utilizes the standard under
subparagraph (A), shall certify in such plan that the
applicable State or local laws, regulations, standards, or
codes comply with the requirements under such subparagraph.
(b) Determinations.--
(1) In general.--A local housing and management authority
shall make the determinations required under subsection (a)
pursuant to an inspection of the dwelling unit conducted
before any assistance payment is made for the unit.
(2) Expeditious inspection.--Inspections of dwelling units
under this subsection shall be made before the expiration of
the 15-day period beginning upon a request by the resident or
landlord to the local housing and management authority. The
performance of the authority in meeting the 15-day inspec
[[Page 1065]]
tion deadline shall be taken into account in assessing the
performance of the authority.
(c) Federal Housing Quality Standards.--The Secretary shall
establish housing quality standards under this subsection
that ensure that assisted dwelling units are safe, clean, and
healthy. Such standards shall include requirements relating
to habitability, including maintenance, health and sanitation
factors, condition, and construction of dwellings, and shall,
to the greatest extent practicable, be consistent with the
standards established under section 232(b). The Secretary
shall differentiate between major and minor violations of
such standards.
(d) Annual Inspections.--Each local housing and management
authority providing housing assistance shall make an annual
inspection of each assisted dwelling unit during the term of
the housing assistance payments contracts for the unit to
determine whether the unit is maintained in accordance with
the requirements under subsection (a)(2). The authority shall
retain the records of the inspection for a reasonable time
and shall make the records available upon request to the
Secretary and the Inspector General for the Department of
Housing and Urban Development, the Housing Foundation and
Accreditation Board established under title IV, and any
auditor conducting an audit under section 432.
(e) Inspection Guidelines.--The Secretary shall establish
procedural guidelines and performance standards to facilitate
inspections of dwelling units and conform such inspections
with practices utilized in the private housing market. Such
guidelines and standards shall take into consideration
variations in local laws and practices of local housing and
management authorities and shall provide flexibility to
authorities appropriate to facilitate efficient provision of
assistance under this title.
(f) Rule of Construction.--This section may not be
construed to prevent the provision of housing assistance in
connection with supportive services for elderly or disabled
families.
SEC. 329. HOMEOWNERSHIP OPTION.
(a) In General.--A local housing and management authority
providing housing assistance under this title may provide
homeownership assistance to assist eligible families to
purchase a dwelling unit (including purchase under lease-
purchase homeownership plans).
(b) Requirements.--A local housing and management authority
providing homeownership assistance under this section shall,
as a condition of an eligible family receiving such
assistance, require the family to--
(1) demonstrate that the family has sufficient income from
employment or other sources (other than public assistance),
as determined in accordance with requirements established by
the authority; and
(2) meet any other initial or continuing requirements
established by the local housing and management authority.
(c) Downpayment Requirement.--
(1) In general.--A local housing and management authority
may establish minimum downpayment requirements, if
appropriate, in connection with loans made for the purchase
of dwelling units for which homeownership assistance is
provided under this section. If the authority establishes a
minimum downpayment requirement, except as provided in
paragraph (2) the authority shall permit the family to use
grant amounts, gifts from relatives, contributions from
private sources, and similar amounts as downpayment amounts
in such purchase.
(2) Direct family contribution.--In purchasing housing
pursuant to this section subject to a downpayment
requirement, each family shall contribute an amount of the
downpayment, from resources of the family other than grants,
gifts, contributions, or other similar amounts referred to in
paragraph (1), that is not less than 1 percent of the
purchase price.
(d) Ineligibility Under Other Programs.--A family may not
receive homeownership assistance pursuant to this section
during any period when assistance is being provided for the
family under other Federal homeownership assistance programs,
as determined by the Secretary, including assistance under
the HOME Investment Partnerships Act, the Homeownership and
Opportunity Through HOPE Act, title II of the Housing and
Community Development Act of 1987, and section 502 of the
Housing Act of 1949.
SEC. 330. ASSISTANCE FOR RENTAL OF MANUFACTURED HOMES.
(a) Authority.--Nothing in this title may be construed to
prevent a local housing and management authority from
providing housing assistance under this title on behalf of a
low-income family for the rental of--
(1) a manufactured home that is the principal residence of
the family and the real property on which the home is
located; or
(2) the real property on which is located a manufactured
home, which is owned by the family and is the principal
residence of the family.
(b) Assistance for Certain Families Owning Manufactured
Homes.--
(1) Authority.--Notwithstanding section 351 or any other
provision of this title, a local housing and management
authority that receives amounts under a contract under
section 302 may enter into a housing assistance payment
contract to make assistance payments under this title to a
family that owns a manufactured home, but only as provided in
paragraph (2).
(2) Limitations.--In the case only of a low-income family
that owns a manufactured home, rents the real property on
which it is located, and to whom housing assistance under
this title has been made available for the rental of such
property, the local housing and management authority making
such assistance available shall enter into a contract to make
housing assistance payments under this title directly to the
family (rather than to the owner of such real property) if--
(1) the owner of the real property refuses to enter into a
contract to receive housing assistance payments pursuant to
section 351(a);
(2) the family was residing in such manufactured home on
such real property at the time such housing assistance was
initially made available on behalf of the family;
(3) the family provides such assurances to the agency, as
the Secretary may require, to ensure that amounts from the
housing assistance payments are used for rental of the real
property; and
(4) the rental of the real property otherwise complies with
the requirements for assistance under this title.
A contract pursuant to this subsection shall be subject to
the provisions of section 351 and any other provisions
applicable to housing assistance payments contracts under
this title, except that the Secretary may provide such
exceptions as the Secretary considers appropriate to
facilitate the provision of assistance under this subsection.
Subtitle C--Payment of Housing Assistance on Behalf of Assisted
Families
SEC. 351. HOUSING ASSISTANCE PAYMENTS CONTRACTS.
(a) In General.--Each local housing and management
authority that receives amounts under a contract under
section 302 may enter into housing assistance payments
contracts with owners of existing dwelling units to make
housing assistance payments to such owners in accordance with
this title.
(b) LHMA Acting As Owner.--A local housing and management
authority may enter into a housing assistance payments
contract to make housing assistance payments under this title
to itself (or any agency or instrumentality thereof) as the
owner of dwelling units (other than public housing), and the
authority shall be subject to the same requirements that are
applicable to other owners, except that the determinations
under section 328(a) and 354(b) shall be made by a competent
party not affiliated with the authority, and the authority
shall be responsible for any expenses of such determinations.
(c) Provisions.--Each housing assistance payments contract
shall--
(1) have a term of not more than 12 months;
(2) require that the assisted dwelling unit may be rented
only pursuant to a lease that complies with the requirements
of section 324;
(3) comply with the requirements of section 325 (relating
to termination of tenancy);
(4) require the owner to maintain the dwelling unit in
accordance with the applicable standards under section
328(a)(2); and
(5) provide that the screening and selection of eligible
families for assisted dwelling units shall be the function of
the owner.
SEC. 352. AMOUNT OF MONTHLY ASSISTANCE PAYMENT.
(a) Units Having Gross Rent Exceeding Payment Standard.--In
the case of a dwelling unit bearing a gross rent that exceeds
the payment standard established under section 353 for a
dwelling unit of the applicable size and located in the
market area in which such assisted dwelling unit is located--
(1) the amount by which such payment standard exceeds the
amount of the resident contribution determined in accordance
with section 322(a)(1);
(2) in the case only of families described in paragraph (2)
of section 322(a), the amount by which such payment standard
exceeds the lesser of the resident contribution determined in
accordance with section 322(a)(1) or 30 percent of the
family's adjusted monthly income;
(3) in the case of an assisted family that is an elderly
family or a disabled family, the amount of the monthly
assistance payment shall be the amount by which such payment
standard exceeds the lesser of the amount of the resident
contribution determined in accordance with section 322 or 30
percent of the family's adjusted monthly income; or
(4) in the case of a family whose head (or whose spouse) is
a veteran (as such term is defined in section 203(b) of the
National Housing Act), the lesser of the amount of such
resident contribution or 30 percent of the family's adjusted
monthly income.
(b) Shopping Incentive for Units Having Gross Rent Not
Exceeding Payment Standard.--In the case of an assisted
family renting an eligible dwelling unit bearing a gross rent
that does not exceed the payment standard established under
section 353 for a dwelling unit of the applicable size and
located in the market area in which such assisted dwelling
unit is located, the following requirements shall apply:
(1) Amount of monthly assistance payment.--The amount of
the monthly assistance payment for housing assistance under
this title on behalf of the assisted family shall be the
amount by which the gross rent for the dwelling unit exceeds
the amount of the resident contribution.
(2) Escrow of shopping incentive savings.--An amount equal
to 50 percent of the difference between payment standard and
the gross rent for the dwelling unit shall be
[[Page 1066]]
placed in an interest bearing escrow account on behalf of
such family on a monthly basis by the local housing and
management authority. Amounts in the escrow account shall be
made available to the assisted family on an annual basis.
(3) Deficit reduction.--The local housing and management
authority making housing assistance payments on behalf of
such assisted family in a fiscal year shall reserve from
amounts made available to the authority for assistance
payments for such fiscal year an amount equal to the amount
described in paragraph (2). At the end of each fiscal year,
the Secretary shall recapture any such amounts reserved by
local housing and management authorities and such amounts
shall be covered into the General Fund of the Treasury of the
United States.
For purposes of this section, in the case of a family
receiving homeownership assistance under section 329, the
term ``gross rent'' shall mean the homeownership costs to the
family as determined in accordance with guidelines of the
Secretary.
SEC. 353. PAYMENT STANDARDS.
(a) Establishment.--Each local housing and management
authority providing housing assistance under this title shall
establish payment standards under this section for various
areas, and sizes and types of dwelling units, for use in
determining the amount of monthly housing assistance payment
to be provided on behalf of assisted families.
(b) Use of Rental Indicators.--The payment standard for
each size and type of housing for each market area shall be
an amount that is not less than 80 percent, and not greater
than 120 percent, of the rental indicator established under
section 323 for such size and type for such area.
(c) Review.--If the Secretary determines, at any time, that
a significant percentage of the assisted families who are
assisted by a local housing and management authority and are
occupying dwelling units of a particular size are paying more
than 30 percent of their adjusted incomes for rent, the
Secretary shall review the payment standard established by
the authority for such size dwellings. If, pursuant to the
review, the Secretary determines that such payment standard
is not appropriate to serve the needs of the low-income
population of the jurisdiction served by the authority
(taking into consideration rental costs in the area), as
identified in the approved community improvement plan of the
authority, the Secretary may require the local housing and
management authority to modify the payment standard.
SEC. 354. REASONABLE RENTS.
(a) Establishment.--The rent charged for a dwelling unit
for which rental assistance is provided under this title
shall be established pursuant to negotiation and agreement
between the assisted family and the owner of the dwelling
unit.
(b) Reasonableness.--
(1) Determination.--A local housing and management
authority providing rental assistance under this title for a
dwelling unit shall, before commencing assistance payments
for a unit (with respect to initial contract rents and any
rent revisions), determine whether the rent charged for the
unit exceeds the rents charged for comparable units in the
applicable private unassisted market.
(2) Unreasonable rents.--If the authority determines that
the rent charged for a dwelling unit exceeds such comparable
rents, the authority shall--
(A) inform the assisted family renting the unit that such
rent exceeds the rents for comparable unassisted units in the
market; and
(B) refuse to provide housing assistance payments for such
unit.
SEC. 355. PROHIBITION OF ASSISTANCE FOR VACANT RENTAL UNITS.
If an assisted family vacates a dwelling unit for which
rental assistance is provided under a housing assistance
payments contract before the expiration of the term of the
lease for the unit, rental assistance pursuant to such
contract may not be provided for the unit after the month
during which the unit was vacated.
Subtitle D--General and Miscellaneous Provisions
SEC. 371. DEFINITIONS.
For purposes of this title:
(1) Assisted dwelling unit.--The term ``assisted dwelling
unit'' means a dwelling unit in which an assisted family
resides and for which housing assistance payments are made
under this title.
(2) Assisted family.--The term ``assisted family'' means an
eligible family on whose behalf housing assistance payments
are made under this title or who has been selected and
approved for housing assistance.
(3) Choice-based.--The term ``choice-based'' means, with
respect to housing assistance, that the assistance is not
attached to a dwelling unit but can be used for any eligible
dwelling unit selected by the eligible family.
(4) Eligible dwelling unit.--The term ``eligible dwelling
unit'' means a dwelling unit that complies with the
requirements under section 328 for consideration as an
eligible dwelling unit.
(5) Eligible family.--The term ``eligible family'' means a
family that meets the requirements under section 321(a) for
assistance under this title.
(6) Homeownership assistance.--The term ``homeownership
assistance'' means housing assistance provided under section
329 for the ownership of a dwelling unit.
(7) Housing assistance.--The term ``housing assistance''
means assistance provided under this title on behalf of low-
income families for the rental or ownership of an eligible
dwelling unit.
(8) Housing assistance payments contract.--The term
``housing assistance payments contract'' means a contract
under section 351 between a local housing and management
authority (or the Secretary) and an owner to make housing
assistance payments under this title to the owner on behalf
of an assisted family.
(9) Local housing and management authority.--The terms
``local housing and management authority'' and ``authority''
have the meaning given such terms in section 103, except that
the terms include--
(A) a consortia of local housing and management authorities
that the Secretary determines has the capacity and capability
to administer a program for housing assistance under this
title in an efficient manner;
(B) any other entity that, upon the date of the enactment
of this Act, was administering any program for tenant-based
rental assistance under section 8 of the United States
Housing Act of 1937 (as in effect before the enactment of
this Act), pursuant to a contract with the Secretary or a
public housing agency; and
(C) with respect to any area in which no local housing and
management authority has been organized or where the
Secretary determines that a local housing and management
authority is unwilling or unable to implement this title, or
is not performing effectively--
(i) the Secretary or another entity that by contract agrees
to receive assistance amounts under this title and enter into
housing assistance payments contracts with owners and perform
the other functions of local housing and management authority
under this title; or
(ii) notwithstanding any provision of State or local law, a
local housing and management authority for another area that
contracts with the Secretary to administer a program for
housing assistance under this title, without regard to any
otherwise applicable limitations on its area of operation.
(10) Owner.--The term ``owner'' means the person or entity
having the legal right to lease or sublease dwelling units.
Such term includes any principals, general partners, primary
shareholders, and other similar participants in any entity
owning a multifamily housing project, as well as the entity
itself.
(11) Rent.--The terms ``rent'' and ``rental'' include, with
respect to members of a cooperative, the charges under the
occupancy agreements between such members and the
cooperative.
(12) Rental assistance.--The term ``rental assistance''
means housing assistance provided under this title for the
rental of a dwelling unit.
SEC. 372. RENTAL ASSISTANCE FRAUD RECOVERIES.
(a) Authority To Retain Recovered Amounts.--The Secretary
shall permit local housing and management authorities
administering housing assistance under this title to retain,
out of amounts obtained by the authorities from tenants that
are due as a result of fraud and abuse, an amount (determined
in accordance with regulations issued by the Secretary) equal
to the greater of--
(1) 50 percent of the amount actually collected; or
(2) the actual, reasonable, and necessary expenses related
to the collection, including costs of investigation, legal
fees, and collection agency fees.
(b) Use.--Amounts retained by an authority shall be made
available for use in support of the affected program or
project, in accordance with regulations issued by the
Secretary. If the Secretary is the principal party initiating
or sustaining an action to recover amounts from families or
owners, the provisions of this section shall not apply.
(c) Recovery.--Amounts may be recovered under this
section--
(1) by an authority through a lawsuit (including settlement
of the lawsuit) brought by the authority or through court-
ordered restitution pursuant to a criminal proceeding
resulting from an authority's investigation where the
authority seeks prosecution of a family or where an authority
seeks prosecution of an owner;
(2) through administrative repayment agreements with a
family or owner entered into as a result of an administrative
grievance procedure conducted by an impartial decisionmaker
in accordance with section 111; or
(3) through an agreement between the parties.
SEC. 373. STUDY REGARDING GEOGRAPHIC CONCENTRATION OF
ASSISTED FAMILIES.
(a) In General.--The Secretary shall conduct a study of the
geographic areas in the State of Illinois served by the
Housing Authority of Cook County and the Chicago Housing
Authority and submit to the Congress a report and a specific
proposal, which addresses and resolves the issues of--
(1) the adverse impact on local communities due to
geographic concentration of assisted households under the
tenant-based housing programs under section 8 of the United
States Housing Act of 1937 (as in effect immediately before
the enactment of this Act) and under this title; and
(2) facilitating the deconcentration of such assisted
households by providing broader housing choices to such
households.
The study shall be completed, and the report shall be
submitted, not later than 90 days after the date of the
enactment of this Act.
[[Page 1067]]
(b) Concentration.--For purposes of this section, the term
``concentration'' means, with respect to any area within a
census tract, that--
(1) 15 percent or more of the households residing within
such area have incomes which do not exceed the poverty level;
or
(2) 15 percent or more of the total affordable housing
stock located within such area is assisted housing.
TITLE IV--ACCREDITATION AND OVERSIGHT OF LOCAL HOUSING AND MANAGEMENT
AUTHORITIES
Subtitle A--Housing Foundation and Accreditation Board
SEC. 401. ESTABLISHMENT.
There is established an independent agency in the executive
branch of the Government to be known as the Housing
Foundation and Accreditation Board (in this title referred to
as the ``Board'').
SEC. 402. MEMBERSHIP.
(a) In General.--The Board shall be composed of 12 members
appointed by the President not later than 180 days after the
date of the enactment of this Act, as follows:
(1) 4 members shall be appointed from among 10 individuals
recommended by the Secretary of Housing and Urban
Development.
(2) 4 members shall be appointed from among 10 individuals
recommended by the Chairman and Ranking Minority Member of
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(3) 4 members appointed from among 10 individuals
recommended by the Chairman and Ranking Minority Member of
the Committee on Banking and Financial Services of the House
of Representatives.
(b) Qualifications.--
(1) Required representation.--The Board shall at all times
have the following members:
(A) 2 members who are residents of public housing or
dwelling units assisted under title III of this Act or the
provisions of section 8 of the United States Housing Act of
1937 (as in effect before the enactment of this Act).
(B) at least 2, but not more than 4 members who are
executive directors of local housing and management
authorities.
(C) 1 member who is a member of the Institute of Real
Estate Managers.
(D) 1 member who is the owner of a multifamily housing
project assisted under a program administered by the
Secretary of Housing and Urban Development.
(2) Required experience.--The Board shall at all times have
as members individuals with the following experience:
(A) At least 1 individual who has extensive experience in
the residential real estate finance business.
(B) At least 1 individual who has extensive experience in
operating a nonprofit organization that provides affordable
housing.
(C) At least 1 individual who has extensive experience in
construction of multifamily housing.
(D) At least 1 individual who has extensive experience in
the management of a community development corporation.
(E) At least 1 individual who has extensive experience in
auditing participants in government programs.
A single member of the board with the appropriate experience
may satisfy the requirements of more than 1 subparagraph of
this paragraph. A single member of the board with the
appropriate qualifications and experience may satisfy the
requirements of a subparagraph of paragraph (1) and a
subparagraph of this paragraph.
(c) Political Affiliation.--Not more than 6 members of the
Board may be of the same political party.
(d) Terms.--
(1) In general.--Each member of the Board shall be
appointed for a term of 4 years, except as provided in
paragraphs (2) and (3).
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 3 shall be appointed for terms of 1 year;
(B) 3 shall be appointed for terms of 2 years;
(C) 3 shall be appointed for terms of 3 years; and
(D) 3 shall be appointed for terms of 4 years;
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Board shall be filled in the manner
in which the original appointment was made.
(e) Chairperson.--The Board shall elect a chairperson from
among members of the Board.
(f) Quorum.--A majority of the members of the Board shall
constitute a quorum for the transaction of business.
(g) Voting.--Each member of the Board shall be entitled to
1 vote, which shall be equal to the vote of every other
member of the Board.
(h) Prohibition on Additional Pay.--Members of the Board
shall serve without compensation, but shall be reimbursed for
travel, subsistence, and other necessary expenses incurred in
the performance of their duties as members of the Board.
SEC. 403. FUNCTIONS.
The purpose of this subtitle is to establish the Board as a
nonpolitical entity to carry out the following functions:
(1) Evaluation of deep subsidy programs.--Measuring the
performance and efficiency of all ``deep subsidy'' programs
for housing assistance administered by the Secretary of
Housing and Urban Development, including the public housing
program under title II and the programs for tenant- and
project-based rental assistance under title III and section 8
of the United States Housing Act of 1937 (as in effect before
the enactment of this Act).
(2) Establishment of lhma performance benchmarks.--
Establishing standards and guidelines under section 431 for
use by the Secretary in measuring the performance and
efficiency of local housing and management authorities and
other owners and providers of federally assisted housing in
carrying out operational and financial functions.
(3) Improvement of independent audits.--Providing for the
development of effective means for conducting comprehensive
financial and performance audits of local housing and
management authorities under section 432 and, to the extent
provided in such section, providing for the conducting of
such audits.
(4) Accreditation of lhma's.--Establishing a procedure
under section 431(b) for accrediting local housing and
management authorities to receive block grants under title II
for the operation, maintenance, and production of public
housing and amounts for housing assistance under title III,
ensuring that financial and performance audits under section
432 are conducted annually for each local housing and
management authority, and reviewing such audits for purposes
of accreditation.
(5) Classification of lhma's.--Classifying local housing
and management authorities, under to section 434, according
to the performance categories under section 431(a)(2).
SEC. 404. INITIAL ESTABLISHMENT OF STANDARDS AND PROCEDURES
FOR LHMA COMPLIANCE.
(a) Deadline.--Not later than the expiration of the 12-
month period beginning upon the completion of the
appointment, under section 402, of the initial members of the
Board, the Board shall organize its structure and operations,
establish the standards, guidelines, and procedures under
sections 431, and establish any fees under section 406.
Before issuing such standards, guidelines, and procedures in
final form, the Board shall submit a copy to the Congress.
(b) Priority of Initial Evaluations.--After organization of
the Board and establishment of standards, guidelines, and
procedures under sections 431, the Board shall commence
evaluations under section 433(b) for the purpose of
accrediting local housing and management authorities and
shall give priority to conducting evaluations of local
housing and management authorities that are designated as
troubled public housing agencies under section 6(j) of the
United States Housing Act of 1937 (as in effect before the
date of the enactment of this Act) pursuant to section
431(d).
(c) Assistance From National Center for Housing
Management.--
(1) In general.--During the period referred to in
subsection (a), the National Center for Housing Management
established by Executive Order 11668 (42 U.S.C. 3531 note)
shall, to the extent agreed to by the Center, provide the
Board with ongoing assistance and advice relating to the
following matters:
(A) Organizing the structure of the Board and its
operations.
(B) Establishing performance standards and guidelines under
section 431(a).
Such Center may, at the request of the Board, provide
assistance and advice with respect to matters not described
in paragraphs (1) and (2) and after the expiration of the
period referred to in subsection (a).
(2) Assistance.--The assistance provided by such Center
shall include staff and logistical support for the Board and
such operational and managerial activities as are necessary
to assist the Board to carry out its functions during the
period referred to in subsection (a).
SEC. 405. POWERS.
(a) Hearings.--The Board may, for the purpose of carrying
out this subtitle, hold such hearings and sit and act at such
times and places as the Board determines appropriate.
(b) Rules and Regulations.--The Board may adopt such rules
and regulations as may be necessary to establish its
procedures and to govern the manner of its operations,
organization, and personnel.
(c) Assistance From Federal Agencies.--
(1) Information.--The Board may secure directly from any
department or agency of the Federal Government such
information as the Board may require for carrying out its
functions, including local housing management plans submitted
to the Secretary by local housing and management authorities
under title II. Upon request of the Board, any such
department or agency shall furnish such information. The
Board may acquire information directly from local housing and
management authorities to the same extent the Secretary may
acquire such information.
(2) General services administration.--The Administrator of
General Services shall provide to the Board, on a
reimbursable basis, such administrative support services as
the Board may request.
(3) Department of housing and urban development.--Upon the
request of the chairperson of the Board, the Secretary of
Housing and Urban Development shall, to the extent possible
and subject to the discretion of the Secretary, detail any of
the personnel of the Department of Housing and Urban Devel
[[Page 1068]]
opment, on a nonreimbursable basis, to assist the Board in
carrying out its functions under this subtitle.
(4) HUD inspector general.--The Inspector General of the
Department of Housing and Urban Development shall serve the
Board as a principal adviser with respect to all aspects of
annual financial and performance audits of local housing and
management authorities under section 432. The Inspector
General may advise the Board with respect to other activities
and functions of the Board.
(d) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
Federal agencies.
(e) Contracting.--The Board may, to such extent and in such
amounts as are provided in appropriation Acts, enter into
contracts with private firms, institutions, and individuals
for the purpose of conducting evaluations under section
404(b), audits of local housing and management authorities as
provided under section 432, research, and surveys necessary
to enable the Board to discharge its functions under this
subtitle, and may enter into contracts with the National
Center for Housing Management to conduct the functions
assigned to the Center under this title.
(f) Staff.--
(1) Executive director.--The Board shall appoint an
executive director of the Board, who shall be compensated at
a rate fixed by the Board, but which shall not exceed the
rate established for level V of the Executive Schedule under
title 5, United States Code.
(2) Other personnel.--In addition to the executive
director, the Board may appoint and fix the compensation of
such personnel as the Board considers necessary, in
accordance with the provisions of title 5, United States
Code, governing appointments to the competitive service, and
the provisions of chapter 51 and subchapter III of chapter 53
of such title, relating to classification and General
Schedule pay rates. Such personnel may include personnel for
assessment teams under section 431(b).
SEC. 406. FEES.
(a) Accreditation Fees.--The Board may establish and charge
fees for the accreditation of local housing and management
authorities as the Board considers necessary to cover the
costs of the operations of the Board relating to establishing
standards, guidelines, and procedures for evaluating the
performance of local housing and management authorities,
performing comprehensive reviews relating to the
accreditation of such authorities, and conducting audits of
authorities under section 432.
(b) Fund.--Any fees collected under this section shall be
deposited in an operations fund for the Board, which is
hereby established in the Treasury of the United States.
Amounts in such fund shall be available, to the extent
provided in appropriation Acts, for the expenses of the Board
in carrying out its functions under this subtitle.
SEC. 407. REPORTS.
(a) Report on Coordination With HUD Functions.--Not later
than the expiration of the 12-month period beginning upon the
date of the enactment of this Act, the Board shall submit a
report to the Congress that--
(1) identifies and describes the processes, procedures, and
activities of the Department of Housing and Urban Development
which may duplicate functions of the Board, and makes
recommendations regarding activities of the Department that
may no longer be necessary as a result of improved auditing
of authorities pursuant to this title;
(2) makes recommendations for any changes to Federal law
necessary to improve auditing of local housing and management
authorities; and
(3) makes recommendations regarding the review and
evaluation functions currently performed by the Department of
Housing and Urban Development that may be more efficiently
performed by the Board and should be performed by the Board,
and those that should continue to be performed by the
Department.
(b) Annual Reports.--The Board shall submit a report to the
Congress annually describing, for the year for which the
report is made--
(1) any modifications made by the Board to the standards,
guidelines, and procedures issued under section 431 by the
Board;
(2) the results of the assessments, reviews, and
evaluations conducted by the Board under subtitle B;
(3) the types and extent of assistance, information, and
products provided by the Board; and
(4) any other activities of the Board.
SEC. 408. GAO AUDIT.
The activities and transactions of the Board shall be
subject to audit by the Comptroller General of the United
States under such rules and regulations as may be prescribed
by the Comptroller General. The representatives of the
General Accounting Office shall have access for the purpose
of audit and examination to any books, documents, papers, and
records of the Board that are necessary to facilitate an
audit.
Subtitle B--Accreditation and Oversight Standards and Procedures
SEC. 431. ESTABLISHMENT OF PERFORMANCE BENCHMARKS AND
ACCREDITATION PROCEDURES.
(a) Performance Benchmarks.--
(1) Performance areas.--The Housing Foundation and
Accreditation Board established under section 401 (in this
subtitle referred to as the ``Board'') shall establish
standards and guidelines, for use under section 434, to
measure the performance of local housing and management
authorities in all aspects relating to--
(A) operational and financial functions;
(B) providing, maintaining, and assisting low-income
housing--
(i) that is safe, clean, and healthy, as required under
sections 232 and 328;
(ii) in a manner consistent with the comprehensive housing
affordability strategy under section 105 of the Cranston-
Gonzalez National Affordable Housing Act, if appropriate;
(iii) that is occupied by eligible families; and
(iv) that is affordable to eligible families;
(C) producing low-income housing and executing capital
projects, if applicable;
(D) administering the provision of housing assistance under
title III;
(E) accomplishing the goals and plans set forth in the
local housing management plan for the authority;
(F) promoting responsibility and self-sufficiency among
residents of public housing developments of the authority and
assisted families under title III; and
(G) complying with the other requirements of the authority
under block grant contracts under title II, grant agreements
under title III, and the provisions of this Act.
(2) Performance categories.--In establishing standards and
guidelines under this section, the Board shall define various
levels of performance, which shall include the following
levels:
(A) Exceptionally well-managed.--A minimum acceptable level
of performance in the areas specified in paragraph (1) for
classification of a local housing and management authority as
exceptionally well-managed, which shall indicate that the
authority functions exceptionally.
(B) Well-managed.--A minimum acceptable level of
performance in the areas specified in paragraph (1) for
classification of a local housing and management authority as
well-managed, which shall indicate that the authority
functions satisfactorily.
(C) At risk of becoming troubled.--A minimum acceptable
level of performance in the areas specified in paragraph (1)
for classification of a local housing and management
authority as at risk of becoming troubled, which shall
indicate that there are elements in the operations,
management, or functioning of the authority that must be
addressed before they result in serious and complicated
deficiencies.
(D) Troubled.--A minimum level of performance in the areas
specified in paragraph (1) for classification of a local
housing and management authority as a troubled authority,
which shall indicate that the authority functions
unsatisfactorily with respect to certain areas under
paragraph (1), but such deficiencies are not irreparable.
(E) Dysfunctional.--A maximum level of performance in the
areas specified in paragraph (1) for classification of a
local housing and management authority as dysfunctional,
which shall indicate that the authority suffers such
deficiencies that the authority should not be allowed to
continue to manage low-income housing or administer housing
assistance.
(3) Accreditation standard.--In establishing standards and
guidelines under this section, the Board shall establish a
minimum acceptable level of performance for accrediting a
local housing and management authority for purposes of
authorizing the authority to enter into a new block grant
contract under title II or a new grant agreement under title
III.
(b) Accreditation Procedure.--The Accreditation Board shall
establish procedures for--
(1) reviewing the performance of a local housing and
management authority over the term of the expiring
accreditation, which review shall be conducted during the 12-
month period that ends upon the conclusion of the term of the
expiring accreditation;
(2) evaluating the capability of a local housing and
management authority that proposes to enter into an initial
block grant contract under title II or an initial grant
agreement under title III; and
(3) determining whether the authority complies with the
standards and guidelines for accreditation established under
subsection (a)(3).
The procedures for a review or evaluation under this
subsection shall provide for the review or evaluation to be
conducted by an assessment team established by the Board,
which shall review annual financial and performance audits
conducted under section 432 and obtain such information as
the Board may require.
(c) Identification of Potential Problems.--The standards
and guidelines under subsection (a) and the procedure under
subsection (b) shall be established in a manner designed to
identify potential problems in the operations, management,
functioning of local housing and management authorities at a
time before such problems result in serious and complicated
deficiencies.
(d) Interim Applicability of PHMAP.--Notwithstanding any
other provision of this subtitle, during the period that
begins on the date of the enactment of this Act and ends upon
the date of the effectiveness of final regulations
establishing the standards, guidelines, and procedures
required under this section and section 432, the Secretary
shall assess the management performance of local housing and
management authorities in the same manner provided for public
housing agencies pursuant to section 6(j) of the United
States Housing Act of 1937 (as in effect immediately before
the enactment of
[[Page 1069]]
this Act) and may take actions with respect to local housing
and management authorities that are authorized under such
section with respect to public housing agencies.
SEC. 432. FINANCIAL AND PERFORMANCE AUDITS.
(a) Requirement.--A financial and performance audit under
this section shall be conducted for each local housing and
management authority for each fiscal year that the authority
receives grant amounts under this Act, as provided under one
of the following paragraphs:
(1) Lhma provides for audit.--If neither the Secretary nor
the Board takes action under paragraph (2) or (3), the
Secretary shall require the local housing and management
authority to have the audit conducted. The Secretary may
prescribe that such audits be conducted pursuant to
guidelines set forth by the Department.
(2) Secretary requests board to provide for audit.--The
Secretary may request the Board to contract directly with an
auditor to have the audit conducted for the authority.
(3) Board provides for audit.--The Board may notify the
Secretary that it will contract directly with an auditor to
have the audit conducted for the authority.
(b) Other Audits.--Pursuant to risk assessment strategies
designed to ensure the integrity of the programs for
assistance under this Act, which shall be established by the
Inspector General for the Department of Housing and Urban
Development in consultation with the Board, the Inspector
General may request the Board to conduct audits under this
subsection of local housing and management authorities. Such
audits may be in addition to, or in place of, audits under
subsection (a), as the Board shall provide.
(c) Submission of Results.--
(1) Submission to secretary and board.--The results of any
audit conducted under this subsection shall be submitted to
the local housing and management authority, the Secretary,
and the Board.
(2) Submission to local officials.--
(A) Requirement.--A local housing and management authority
shall submit each audit conducted under this section to any
local elected official or officials responsible for
appointing the members of the board of directors (or other
similar governing body) of the local housing and management
authority for review and comment. Any such comments shall be
submitted, together with the audit, to the Secretary and the
Board and the Secretary and the Board shall consider such
comments in reviewing the audit.
(B) Timing.--An audit shall be submitted to local officials
as provided in subparagraph (A)--
(i) in the case of an audit conducted under subsection
(a)(1), not later than 60 days before the local housing and
management authority submits the audit to the Secretary and
the Board; or
(ii) in the case of an audit under paragraph (2) or (3) of
subsection (a) or under subsection (b), not later than 60
days after the authority receives the audit.
(d) Procedures.-- The requirements for financial and
performance audits under this section shall--
(1) be established by the Board, in consultation with the
Inspector General of the Department of Housing and Urban
Development;
(2) provide for the audit to be conducted by an independent
auditor selected--
(A) in the case of an audit under subsection (a)(1), by the
authority; and
(B) in the case of an audit under paragraph (2) or (3) of
subsection (a) or under subsection (b), by the Board;
(3) authorize the auditor to obtain information from a
local housing and management authority, to access any books,
documents, papers, and records of an authority that are
pertinent to this Act and assistance received pursuant to
this Act, and to review any reports of an authority to the
Secretary;
(4) impose sufficient requirements for obtaining
information so that the audits are useful to the Board in
evaluating local housing and management authorities; and
(5) include procedures for testing the reliability of
internal financial controls of local housing and management
authorities.
(e) Purpose.--Audits under this section shall be designed
to--
(1) evaluate the financial performance and soundness and
management performance of the local housing and management
authority board of directors (or other similar governing
body) and the authority management officials and staff;
(2) assess the compliance of an authority with all aspects
of the standards and guidelines established under section
431(a)(1);
(3) provide information to the Secretary and the Board
regarding the financial performance and management of the
authority and to determine whether a review under section
225(d) or 353(c) is required; and
(4) identify potential problems in the operations,
management, functioning of a local housing and management
authority at a time before such problems result in serious
and complicated deficiencies.
(f) Inapplicability of Single Audit Act.--Notwithstanding
the first sentence of section 7503(a) of title 31, United
States Code, an audit conducted in accordance with chapter 75
of such title shall not exempt any local housing and
management authority from conducting an audit under this
section. Audits under this section shall not be subject to
the requirements for audits under such chapter. An audit
under this section for a local housing and management
authority for a fiscal year shall be considered to satisfy
any requirements under such chapter for such fiscal year.
(g) Withholding of Amounts for Costs of Audit.--
(1) Lhma responsible for audit.--If the Secretary requires
a local housing and management authority to have an audit
under this section conducted pursuant to subsection (a)(1)
and determines that the authority has failed to take the
actions required to submit an audit under this section for a
fiscal year, the Secretary may--
(A) arrange for, and pay the costs of, the audit and
withhold, from the total allocation for any fiscal year
otherwise payable to the authority under this Act, amounts
sufficient to pay for the reasonable costs of conducting an
acceptable audit (including, if appropriate, the reasonable
costs of accounting services necessary to place the
authority's books and records in condition that permits an
audit); or
(B) request the Board to conduct the audit pursuant to
subsection (a)(2) and withhold amounts pursuant to paragraph
(2) of this subsection.
(2) Board responsible for audit.--If the Board is
responsible for an audit for a local housing and management
authority pursuant to paragraph (2) or (3) of subsection (a),
subsection (b), or paragraph (1)(B) of this subsection, the
Secretary shall--
(A) withhold, from the total allocation for any fiscal year
otherwise payable to the authority under this Act, amounts
sufficient to pay for the audit, but in no case more than the
reasonable cost of conducting an acceptable audit (including,
if appropriate, the reasonable costs of accounting services
necessary to place the authority's books and records in
condition that permits an audit); and
(B) transfer such amounts to the Board.
SEC. 433. ACCREDITATION.
(a) Review Upon Expiration of Previous Accreditation.--The
Accreditation Board shall perform a comprehensive review of
the performance of a local housing and management authority,
in accordance with the procedures established under section
431(b), before the expiration of the term for which a
previous accreditation was granted under this subtitle.
(b) Initial Evaluation.--
(1) In general.--Before entering into an initial block
grant contract under title II or an initial contract pursuant
to section 302 for assistance under title III with any local
housing and management authority, the Board shall conduct a
comprehensive evaluation of the capabilities of the local
housing and management authority.
(2) Exception.--Paragraph (1) shall not apply to an initial
block grant contract or grant agreement entered into during
the period beginning upon the date of the enactment of this
Act and ending upon the date of the effectiveness of final
regulations establishing the standards, guidelines, and
procedures required under section 431 with any public housing
agency that received amounts under the United States Housing
Act of 1937 during fiscal year 1995.
(c) Determination and Report.--Pursuant to a review or
evaluation under this section, the Board shall determine
whether the authority meets the requirements for
accreditation under section 431(a)(3), shall accredit the
authority if it meets such requirements, and shall submit a
report on the results of the review or evaluation and such
determination to the Secretary and the authority.
(d) Accreditation.--An accreditation under this section
shall expire at the end the term established by the Board in
granting the accreditation, which may not exceed 5 years. The
Board may qualify an accreditation placing conditions on the
accreditation based on the future performance of the
authority.
SEC. 434. CLASSIFICATION BY PERFORMANCE CATEGORY.
Upon completing the accreditation process under section 433
with respect to a local housing and management authority, the
Housing Finance and Accreditation Board shall designate the
authority according to the performance categories under
section 431(a)(2). In determining the classification of an
authority, the Board shall consider the most recent financial
and performance audit under section 432 of the authority and
accreditation reports under section 433(c) for the authority.
SEC. 435. PERFORMANCE AGREEMENTS FOR AUTHORITIES AT RISK OF
BECOMING TROUBLED.
(a) In General.--Upon designation of a local housing and
management authority as at risk of becoming troubled under
section 431(a)(2)(C), the Secretary shall seek to enter into
an agreement with the authority providing for improvement of
the elements of the authority that have been identified. An
agreement under this section shall contain such terms and
conditions as the Secretary determines are appropriate for
addressing the elements identified, which may include an on-
site, independent assessment of the management of the
authority.
(b) Powers of Secretary.--If the Secretary determines that
such action is necessary to prevent the local housing and
management authority from becoming a troubled authority, the
Secretary may--
(1) solicit competitive proposals from other local housing
and management authorities and private housing management
agents (which may be selected by existing tenants through
administrative procedures established by the Secretary), for
any case in
[[Page 1070]]
which such agents may be needed for managing all, or part, of
the housing or functions administered by the authority; or
(2) solicit competitive proposals from other local housing
and management authorities and private entities with
experience in construction management, for any case in which
such authorities or firms may be needed to oversee
implementation of assistance made available for capital
improvement for public housing of the authority.
SEC. 436. PERFORMANCE AGREEMENTS AND CDBG SANCTIONS FOR
TROUBLED LHMA'S.
(a) In General.--Upon designation of a local housing and
management authority as a troubled authority under section
431(a)(2)(D), the Secretary shall seek to enter into an
agreement with the authority providing for improving the
management performance of the authority.
(b) Contents.--An agreement under this section between the
Secretary and a local housing and management authority shall
set forth--
(1) targets for improving performance, as measured by the
guidelines and standards established under section 431(a)(1)
and other requirements within a specified period of time,
which shall include targets to be met upon the expiration of
the 12-month period beginning upon entering into the
agreement;
(2) strategies for meeting such targets;
(3) sanctions for failure to implement such strategies; and
(4) to the extent the Secretary deems appropriate, a plan
for enhancing resident involvement in the management of the
local housing and management authority.
(c) Local Assistance in Implementation.--The Secretary and
the local housing and management authority shall, to the
maximum extent practicable, seek the assistance of local
public and private entities in carrying out an agreement
under this section.
(d) Default Under Performance Agreement.--Upon the
expiration of the 12-month period beginning upon entering
into an agreement under this section with a local housing and
management authority, the Secretary shall review the
performance of the authority in relation to the performance
targets and strategies under the agreement. If the Secretary
determines that the authority has failed to comply with the
performance targets established for such period, the
Secretary shall take the action authorized under subsection
(b)(2) or (b)(5) of section 438.
(e) CDBG Sanction Against Local Government Contributing to
Troubled Status of LHMA.--If the Secretary determines that
the actions or inaction of any unit of general local
government within which any portion of the jurisdiction of a
local housing and management authority is located has
substantially contributed to the conditions resulting in the
authority being designated under section 431(a)(2)(D) as a
troubled authority, the Secretary may redirect or withhold,
from such unit of general local government any amounts
allocated for such unit under section 106 of such Act.
SEC. 437. OPTION TO DEMAND CONVEYANCE OF TITLE TO OR
POSSESSION OF PUBLIC HOUSING.
(a) Authority for Conveyance.--A contract under section 201
for block grants under title II (including contracts which
amend or supersede contracts previously made (including
contracts for contributions)) may provide that upon the
occurrence of a substantial default with respect to the
covenants or conditions to which the local housing and
management authority is subject (as such substantial default
shall be defined in such contract) or upon designation of the
authority as dysfunctional pursuant to section 431(a)(2)(E),
the local housing and management authority shall be
obligated, at the option of the Secretary, to--
(1) convey title in any case where, in the determination of
the Secretary (which determination shall be final and
conclusive), such conveyance of title is necessary to achieve
the purposes of this Act; or
(2) deliver to the Secretary possession of the development,
as then constituted, to which such contract relates.
(b) Obligation to Reconvey.--Any block grant contract under
title II containing the provisions authorized in subsection
(a) shall also provide that the Secretary shall be obligated
to reconvey or redeliver possession of the development, as
constituted at the time of reconveyance or redelivery, to
such local housing and management authority or to its
successor (if such local housing and management authority or
a successor exists) upon such terms as shall be prescribed in
such contract, and as soon as practicable after--
(1) the Secretary is satisfied that all defaults with
respect to the development have been cured, and that the
development will, in order to fulfill the purposes of this
Act, thereafter be operated in accordance with the terms of
such contract; or
(2) the termination of the obligation to make annual block
grants to the authority, unless there are any obligations or
covenants of the authority to the Secretary which are then in
default.
Any prior conveyances and reconveyances or deliveries and
redeliveries of possession shall not exhaust the right to
require a conveyance or delivery of possession of the
development to the Secretary pursuant to subsection (a) upon
the subsequent occurrence of a substantial default.
(c) Continued Grants for Repayment of Bonds and Notes Under
1937 Act.--If--
(1) a contract for block grants under title II for an
authority includes provisions that expressly state that the
provisions are included pursuant to this subsection, and
(2) the portion of the block grant payable for debt service
requirements pursuant to the contract has been pledged by the
local housing and management authority as security for the
payment of the principal and interest on any of its
obligations, then--
(A) the Secretary shall (notwithstanding any other
provisions of this Act), continue to make the block grant
payments for the authority so long as any of such obligations
remain outstanding; and
(B) the Secretary may covenant in such a contract that in
any event such block grant amounts shall in each year be at
least equal to an amount which, together with such income or
other funds as are actually available from the development
for the purpose at the time such block grant payments are
made, will suffice for the payment of all installments of
principal and interest on the obligations for which the
amounts provided for in the contract shall have been pledged
as security that fall due within the next succeeding 12
months.
In no case shall such block grant amounts be in excess of the
maximum sum specified in the contract involved, nor for
longer than the remainder of the maximum period fixed by the
contract.
SEC. 438. REMOVAL OF INEFFECTIVE LHMA'S.
(a) Conditions of Removal.--The actions specified in
subsection (b) may be taken only upon--
(1) the occurrence of events or conditions that constitute
a substantial default by a local housing and management
authority with respect to (A) the covenants or conditions to
which the local housing and management authority is subject,
or (B) an agreement entered into under section 436;
(2) designation of the authority as dysfunctional pursuant
to section 431(a)(2)(E);
(3) in the case only of action under subsection (b)(1),
failure of a local housing and management authority to obtain
reaccreditation upon the expiration of the term of a previous
accreditation granted under this subtitle; or
(4) submission to the Secretary of a petition by the
residents of the public housing owned or operated by a local
housing and management authority that is designated as
troubled or dysfunctional pursuant to section 431(a)(2).
(b) Removal Actions.--Notwithstanding any other provision
of law or of any block grant contract under title II or any
grant agreement under title III, in accordance with
subsection (a), the Secretary may--
(1) solicit competitive proposals from other local housing
and management authorities and private housing management
agents (which, in the discretion of the Secretary, may be
selected by existing public housing residents through
administrative procedures established by the Secretary) and,
if appropriate, provide for such agents to manage all, or
part, of the housing administered by the local housing and
management authority or all or part of the other functions of
the authority;
(2) take possession of the local housing and management
authority, including any developments or functions of the
authority under any section of this Act;
(3) solicit competitive proposals from other local housing
and management authorities and private entities with
experience in construction management and, if appropriate,
provide for such authorities or firms to oversee
implementation of assistance made available for capital
improvements for public housing;
(4) require the authority to make other arrangements
acceptable to the Secretary and in the best interests of the
public housing residents and assisted families under title
III for managing all, or part of, the public housing
administered by the authority or the functions of the
authority; or
(5) petition for the appointment of a receiver for the
local housing and management authority to any district court
of the United States or to any court of the State in which
any portion of the jurisdiction of the local housing and
management authority is located, that is authorized to
appoint a receiver for the purposes and having the powers
prescribed in this section.
(c) Emergency Assistance.--The Secretary may make available
to receivers and other entities selected or appointed
pursuant to this section such assistance as is fair and
reasonable to remedy the substantial deterioration of living
conditions in individual public housing developments or other
related emergencies that endanger the health, safety and
welfare of public housing residents or assisted families
under title III.
(d) Powers of Secretary.--If the Secretary takes possession
of an authority, or any developments or functions of an
authority, pursuant to subsection (b)(2), the Secretary--
(1) may abrogate contracts that substantially impede
correction of the substantial default or improvement of the
classification, but only after efforts to renegotiate such
contracts have failed;
(2) may demolish and dispose of assets of the authority in
accordance with subtitle E of title II;
(3) where determined appropriate by the Secretary, may
require the establishment of one or more new local housing
and management authorities;
(4) may consolidate the authority into other well-managed
local housing and management authorities with the consent of
such well-managed authorities;
[[Page 1071]]
(5) shall not be subject to any State or local laws
relating to civil service requirements, employee rights,
procurement, or financial or administrative controls that, in
the determination of the Secretary, substantially impede
correction of the substantial default or improvement of the
classification; and
(6) shall have such additional authority as a district
court of the United States has the authority to confer under
like circumstances upon a receiver to achieve the purposes of
the receivership.
The Secretary may appoint, on a competitive or noncompetitive
basis, an individual or entity as an administrative receiver
to assume the Secretary's responsibility under this paragraph
for the administration of a local housing and management
authority. The Secretary may delegate to the administrative
receiver any or all of the powers of the Secretary under this
subsection. Regardless of any delegation under this
subsection, an administrative receiver may not require the
establishment of one or more new local housing and management
authorities pursuant to paragraph (3) unless the Secretary
first approves such establishment. For purposes of this
subsection, the term ``local housing and management
authority'' includes any developments or functions of a local
housing and management authority under any section of this
title.
(e) Receivership.--
(1) Required appointment.--In any proceeding under
subsection (b)(5), upon a determination that a substantial
default has occurred, and without regard to the availability
of alternative remedies, the court shall appoint a receiver
to conduct the affairs of the local housing and management
authority in a manner consistent with this Act and in
accordance with such further terms and conditions as the
court may provide. The receiver appointed may be another
local housing and management authority, a private management
corporation, the Secretary, or any other appropriate entity.
The court shall have power to grant appropriate temporary or
preliminary relief pending final disposition of the petition
by the Secretary.
(2) Powers of receiver.--If a receiver is appointed for a
local housing and management authority pursuant to subsection
(b)(5), in addition to the powers accorded by the court
appointing the receiver, the receiver--
(A) may abrogate contracts that substantially impede
correction of the substantial default or improvement of the
classification;
(B) may demolish and dispose of assets of the authority in
accordance with subtitle E of title II;
(C) where determined appropriate by the Secretary, may
require the establishment of one or more new local housing
and management authorities, to the extent permitted by State
and local law; and
(D) except as provided in subparagraph (C), shall not be
subject to any State or local laws relating to civil service
requirements, employee rights, procurement, or financial or
administrative controls that, in the determination of the
receiver, substantially impede correction of the substantial
default or improvement of the classification.
For purposes of this paragraph, the term ``local housing and
management authority'' includes any developments or functions
of a local housing and management authority under any section
of this title.
(3) Termination.--The appointment of a receiver pursuant to
this subsection may be terminated, upon the petition of any
party, when the court determines that all defaults have been
cured or the local housing and management authority will be
able to make the same amount of progress in correcting the
management of the housing as the receiver.
(f) Liability.--If the Secretary takes possession of an
authority pursuant to subsection (b)(2) or a receiver is
appointed pursuant to subsection (b)(5) for a local housing
and management authority, the Secretary or the receiver shall
be deemed to be acting in the capacity of the local housing
and management authority (and not in the official capacity as
Secretary or other official) and any liability incurred shall
be a liability of the local housing and management authority.
(g) Effectiveness.--The provisions of this section shall
apply with respect to actions taken before, on, or after the
effective date of this Act and shall apply to any receivers
appointed for a public housing agency before the date of
enactment of this Act.
SEC. 439. MANDATORY TAKEOVER OF CHRONICALLY TROUBLED PHA'S.
(a) Removal of Agency.--Notwithstanding any other provision
of this Act, not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act,
the Secretary shall take one of the following actions with
respect to each chronically troubled public housing agency:
(1) Contracting for management.--Solicit competitive
proposals for the management of the agency pursuant to
section 437(b)(1) and replace the management of the agency
pursuant to selection of such a proposal.
(2) Takeover.--Take possession of the agency pursuant to
section 437(b)(2) of such Act.
(b) Definition.--For purposes of this section, the term
``chronically troubled public housing agency'' means a public
housing agency that, as of the date of the enactment of this
Act, is designated under section 6(j)(2) of the United States
Housing Act of 1937 (as in effect immediately before the
enactment of this Act) as a troubled public housing agency
and has been so designated continuously for the 3-year period
ending upon such date of enactment; except that such term
does not include any agency that owns or operates less than
1250 public housing dwelling units and that the Secretary
determines can, with a reasonable amount of effort, make such
improvements or remedies as may be necessary to remove its
designation as troubled within 12 months.
SEC. 440. TREATMENT OF TROUBLED PHA'S.
(a) Effect of Troubled Status on CHAS.--The comprehensive
housing affordability strategy (or any consolidated plan
incorporating such strategy) for the State or unit of general
local government in which any troubled public housing agency
is located shall not be considered to comply with the
requirements under section 105 of the Cranston-Gonzalez
National Affordable Housing Act unless such plan includes a
description of the manner in which the State or unit will
assist such troubled agency in improving its operations to
remove such designation.
(b) Definition.--For purposes of this section, the term
``troubled public housing agency'' means a public housing
agency that--
(1) upon the date of the enactment of this Act, is
designated under section 6(j)(2) of the United States Housing
Act of 1937 (as in effect immediately before the enactment of
this Act) as a troubled public housing agency; and
(2) is not a chronically troubled public housing agency, as
such term is defined in section 439(b) of this Act.
SEC. 441. MAINTENANCE OF AND ACCESS TO RECORDS.
(a) Keeping of Records.--Each local housing and management
authority shall keep such records as may be reasonably
necessary to disclose the amount and the disposition by the
authority of the proceeds of assistance received pursuant to
this Act and to ensure compliance with the requirements of
this Act.
(b) Access to Documents.--The Secretary, the Inspector
General for the Department of Housing and Urban Development,
and the Comptroller General of the United States shall each
have access for the purpose of audit and examination to any
books, documents, papers, and records of a local housing and
management authority that are pertinent to this Act and
assistance received pursuant to this Act.
SEC. 442. ANNUAL REPORTS REGARDING TROUBLED LHMA'S.
The Secretary shall submit a report to the Congress
annually, as a part of the report of the Secretary under
section 8 of the Department of Housing and Urban Development
Act, that--
(1) identifies the local housing and management authorities
that are designated as troubled or dysfunctional under
section 431(a)(2) and the reasons for such designation;
(2) identifies the local housing and management authorities
that have lost accreditation pursuant to section 433; and
(3) describes any actions that have been taken in
accordance with sections 433, 434, 435, 436, and 438.
SEC. 443. APPLICABILITY TO RESIDENT MANAGEMENT CORPORATIONS.
The Secretary shall apply the provisions of this subtitle
to resident management corporations in the same manner as
applied to local housing and management authorities.
TITLE V--REPEALS AND CONFORMING AMENDMENTS
SEC. 501. REPEALS.
(a) In General.--The following provisions of law are hereby
repealed:
(1) United states housing act of 1937.--The United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.).
(2) Assisted housing allocation.--Section 213 of the
Housing and Community Development Act of 1974 (42 U.S.C.
1439).
(3) Public housing rent waivers for police.--Section 519 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 1437a-1).
(4) Occupancy preferences and income mix for new
construction and substantial rehabilitation projects.--
Subsection (c) of section 545, and section 555, of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
1437f note).
(5) Treatment of certificate and voucher holders.--
Subsection (c) of section 183 of the Housing and Community
Development Act of 1987 (42 U.S.C. 1437f note).
(6) Excessive rent burden data.--Subsection (b) of section
550 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 1437f note).
(7) Section 8 disaster relief.--Sections 931 and 932 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
1437c note).
(8) Moving to opportunity for fair housing.--Section 152 of
the Housing and Community Development Act of 1992 (42 U.S.C.
1437f note).
(9) Report regarding fair housing objectives.--Section 153
of the Housing and Community Development Act of 1992 (42
U.S.C. 1437f note).
(10) Section 8 community investment demonstration.--Section
6 of the HUD Demonstration Act of 1993 (42 U.S.C. 1437f
note).
(11) Special projects for elderly or handicapped
families.--Section 209 of the Housing and Community
Development Act of 1974 (42 U.S.C. 1438).
(12) Access to pha books.--Section 816 of the Housing Act
of 1954 (42 U.S.C. 1435).
[[Page 1072]]
(13) Miscellaneous provisions.--Subsections (b)(1), (c),
and (d) of section 326 of the Housing and Community
Development Amendments of 1981 (Public Law 97-35, 95 Stat.
406; 42 U.S.C. 1437f note).
(14) Payment for development managers.--Section 329A of the
Housing and Community Development Amendments of 1981 (42
U.S.C. 1437j-1).
(15) Purchase of pha obligations.--Section 329E of the
Housing and Community Development Amendments of 1981 (12
U.S.C. 2294a).
(16) Procurement of insurance by pha's.--
(A) In the item relating to ``administrative provisions''
under the heading ``Management and Administration'' in title
II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 1991, the penultimate undesignated paragraph of such
item (Public Law 101-507; 104 Stat. 1369).
(B) In the item relating to ``administrative provisions''
under the heading ``Management and Administration'' in title
II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 1992, the 19th through 23d undesignated paragraphs of
such item (Public Law 102-139; 105 Stat. 758).
(17) Public housing childhood development.--Section 222 of
the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C.
1701z-6 note).
(18) Indian housing childhood development.--Section 518 of
the Cranston-Gonzalez National Affordable Housing Act (12
U.S.C. 1701z-6 note).
(19) Public housing comprehensive transition
demonstration.--Section 126 of the Housing and Community
Development Act of 1987 (42 U.S.C. 1437f note).
(20) Public housing one-stop perinatal services
demonstration.--Section 521 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 1437t note).
(21) Public housing mincs demonstration.--Section 522 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 1437f note).
(22) Public housing energy efficiency demonstration.--
Section 523 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 1437g note).
(23) Omaha homeownership demonstration.--Section 132 of the
Housing and Community Development Act of 1992 (Public Law
102-550; 106 stat. 3712).
(24) Public and assisted housing youth sports programs.--
Section 520 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a).
(b) Savings Provision.--The repeals made by subsection (a)
shall not affect any legally binding obligations entered into
before the date of the enactment of this Act. Any funds or
activities subject to a provision of law repealed by
subsection (a) shall continue to be governed by the provision
as in effect immediately before such repeal.
SEC. 502. CONFORMING AND TECHNICAL PROVISIONS.
(a) Allocation of Elderly Housing Amounts.--Section 202(l)
of the Housing Act of 1959 (12 U.S.C. 1701q(l)) is amended by
adding at the end the following new paragraph:
``(4) Consideration in allocating assistance.--Assistance
under this section shall be allocated in a manner that
ensures that the awards of the assistance are made for
projects of sufficient size to accommodate facilities for
supportive services appropriate to the needs of frail elderly
residents.''.
(b) Eligibility for Assisted Housing.--
(1) General.--Notwithstanding any other provision of law,
for purposes of determining eligibility for admission to
assisted housing, a person shall not be considered to have a
disability or a handicap solely because of the prior or
current illegal use of a controlled substance (as defined in
section 102 of the Controlled Substances Act) or solely by
reason of the prior or current use of alcohol.
(2) Definition.--For purposes of this subsection, the term
``assisted housing'' means housing designed primarily for
occupancy by elderly persons or persons with disabilities
that is assisted pursuant to this Act, the United States
Housing Act of 1937, section 221(d)(3) or 236 of the National
Housing Act, section 202 of the Housing Act of 1959, section
101 of the Housing and Urban Development Act of 1965, or
section 811 of the Cranston-Gonzalez National Affordable
Housing Act.
(3) Continued occupancy.--This subsection may not be
construed to prohibit the continued occupancy of any person
who is a resident in assisted housing on the date of
enactment of this Act.
(c) Amendment to Housing and Urban-Rural Recovery Act of
1983.--Section 227(d)(2) of the Housing and Urban-Rural
Recovery Act of 1983 (12 U.S.C. 1701r-1(d)(2)) is amended by
inserting ``the United States Housing Act of 1996,'' after
``the United States Housing Act of 1937,''.
(d) Review of Drug Elimination Program Contracts.--
(1) Requirement.--Notwithstanding the repeal under section
501(a)(26), the Secretary of Housing and Urban Development
shall investigate all security contracts awarded by grantees
under the Public and Assisted Housing Drug Elimination Act of
1990 (42 U.S.C. 11901 et seq.) that are public housing
agencies that own or operate more than 4,500 public housing
dwelling units--
(A) to determine whether the contractors under such
contracts have complied with all laws and regulations
regarding prohibition of discrimination in hiring practices;
(B) to determine whether such contracts were awarded in
accordance with the applicable laws and regulations regarding
the award of such contracts;
(C) to determine how many such contracts were awarded under
emergency contracting procedures;
(D) to evaluate the effectiveness of the contracts; and
(E) to provide a full accounting of all expenses under the
contracts.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall complete the
investigation required under paragraph (1) and submit a
report to the Congress regarding the findings under the
investigation. With respect to each such contract, the report
shall (A) state whether the contract was made and is
operating, or was not made or is not operating, in full
compliance with applicable laws and regulations, and (B) for
each contract that the Secretary determines is in such
compliance in a personal certification of such compliance by
the Secretary of Housing and Urban Development.
(3) Actions.--For each contract that is described in the
report under paragraph (2) as not made or not operating in
full compliance with applicable laws and regulation, the
Secretary of Housing and Urban Development shall promptly
take any actions available under law or regulation that are
necessary--
(A) to bring such contract into compliance; or
(B) to terminate the contract.
(e) References.--Except as provided in section 271 and
501(b), any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to--
(1) public housing or housing assisted under the United
States Housing Act of 1937 is deemed to refer to public
housing assisted under title II of this Act;
(2) to assistance under section 8 of the United States
Housing Act of 1937 is deemed to refer to assistance under
title III of this Act; and
(3) to assistance under the United States Housing Act of
1937 is deemed to refer to assistance under this Act.
(f) Conversion of Project-Based Assistance to Choice-Based
Rental Assistance.--
(1) Section 8 project-based contracts.--Upon the request of
the owner of a multifamily housing project for which project-
based assistance is provided under a contract entered into
under section 8 of the United States Housing Act of 1937 (as
in effect before the enactment of this Act), notwithstanding
the termination date of such contract the Secretary shall
provide for a reduction in the number of dwelling units
assisted under the contract, which may not exceed 40 percent
of the units in the project and shall be subject to the
requirements in paragraphs (3) and (4) of this subsection.
(2) Section 236 contracts.--Upon the request of the owner
of a multifamily housing project for which assistance is
provided under a contract for interest reduction payments
under section 236 of the National Housing Act,
notwithstanding the termination date of such contract the
Secretary shall provide for a reduction in the number of
dwelling units assisted under the contract, which may not
exceed 40 percent of the units in the project. The amount of
the interest reduction payments made on behalf of the owner
shall be reduced by a fraction for which the numerator is the
aggregate basic rent for the units which are no longer
assisted under the contract for interest reduction payments
and the denominator is the aggregate basic rents for all
units in the project. The requirements of section 236(g) of
the National Housing Act shall not apply to rental charges
collected with respect to dwelling units for which assistance
in terminated under this paragraph. Such reduction shall be
subject to the requirements in paragraphs (3) and (4) of this
subsection.
(3) Eligible units.--A unit may be removed from coverage by
a contract pursuant to paragraph (1) or (2) only--
(A) upon the vacancy of the unit; and
(B) in the case of--
(i) units assisted under section 8 of the United States
Housing Act of 1937, if the contract rent for the unit is not
less than the applicable fair market rental established
pursuant to section 8(c) of such Act for the area in which
the unit is located; or
(ii) units assisted under an interest reduction contract
under section 236 of the National Housing Act, if the
reduction in the amount of interest reduction payments on a
monthly basis is less than the aggregate amount of fair
market rents established pursuant to section 8(c) of such Act
for the number and type of units which are removed from
coverage by the contract.
(4) Recapture.--Any budget authority that becomes available
to a local housing and management authority or the Secretary
pursuant to this section shall be used to provide choice-
based rental assistance under title III, during the term
covered by such contract.
SEC. 503. AMENDMENTS TO PUBLIC AND ASSISTED HOUSING DRUG
ELIMINATION ACT OF 1990.
(a) Short Title, Purposes, and Authority to Make Grants.--
Chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11901 et seq.) is amended by striking the
chapter heading and all that follows through section 5123 and
inserting the following:
[[Page 1073]]
``CHAPTER 2--COMMUNITY PARTNERSHIPS AGAINST CRIME
``SEC. 5121. SHORT TITLE.
``This chapter may be cited as the `Community Partnerships
Against Crime Act of 1996'.
``SEC. 5122. PURPOSES.
``The purposes of this chapter are to--
``(1) improve the quality of life for the vast majority of
law-abiding public housing residents by reducing the levels
of fear, violence, and crime in their communities;
``(2) broaden the scope of the Public and Assisted Housing
Drug Elimination Act of 1990 to apply to all types of crime,
and not simply crime that is drug-related; and
``(3) reduce crime and disorder in and around public
housing through the expansion of community-oriented policing
activities and problem solving.
``SEC. 5123. AUTHORITY TO MAKE GRANTS.
``The Secretary of Housing and Urban Development may make
grants in accordance with the provisions of this chapter for
use in eliminating crime in and around public housing and
other federally assisted low-income housing projects to (1)
local housing and management authorities, and (2) private,
for-profit and nonprofit owners of federally assisted low-
income housing.''.
(b) Eligible Activities.--
(1) In general.--Section 5124(a) of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11903(a)) is amended--
(A) in the matter preceding paragraph (1), by inserting
``and around'' after ``used in'';
(B) in paragraph (3), by inserting before the semicolon the
following: ``, including fencing, lighting, locking, and
surveillance systems'';
(C) in paragraph (4), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) to investigate crime; and'';
(D) in paragraph (6)--
(i) by striking ``in and around public or other federally
assisted low-income housing projects''; and
(ii) by striking ``and'' after the semicolon; and
(E) by striking paragraph (7) and inserting the following
new paragraphs:
``(7) providing funding to nonprofit public housing
resident management corporations and resident councils to
develop security and crime prevention programs involving site
residents;
``(8) the employment or utilization of one or more
individuals, including law enforcement officers, made
available by contract or other cooperative arrangement with
State or local law enforcement agencies, to engage in
community- and problem-oriented policing involving
interaction with members of the community in proactive crime
control and prevention activities;
``(9) programs and activities for or involving youth,
including training, education, recreation and sports, career
planning, and entrepreneurship and employment activities and
after school and cultural programs; and
``(10) service programs for residents that address the
contributing factors of crime, including programs for job
training, education, drug and alcohol treatment, and other
appropriate social services.''.
(2) Other lhma-owned housing.--Section 5124(b) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11903(b)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``drug-related crime in housing owned by
public housing agencies'' and inserting ``crime in and around
housing owned by local housing and management authorities'';
and
(ii) by striking ``paragraphs (1) through (7)'' and
inserting ``paragraphs (1) through (10)''; and
(B) in paragraph (2)--
(i) by striking ``public housing agency'' and inserting
``local housing and management authority''; and
(ii) by striking ``drug-related'' and inserting
``criminal''.
(c) Grant Procedures.--Section 5125 of the Anti-Drug Abuse
Act of 1988 (42 U.S.C. 11904) is amended to read as follows:
``SEC. 5125. GRANT PROCEDURES.
``(a) LHMA's With 250 or More Units.--
``(1) Grants.--In each fiscal year, the Secretary shall
make a grant under this chapter from any amounts available
under section 5131(b)(1) for the fiscal year to each of the
following local housing and management authorities:
``(A) New applicants.--Each local housing and management
authority that owns or operates 250 or more public housing
dwelling units and has--
``(i) submitted an application to the Secretary for a grant
for such fiscal year, which includes a 5-year crime
deterrence and reduction plan under paragraph (2); and
``(ii) had such application and plan approved by the
Secretary.
``(B) Renewals.--Each local housing and management
authority that owns or operates 250 or more public housing
dwelling units and for which--
``(i) a grant was made under this chapter for the preceding
Federal fiscal year;
``(ii) the term of the 5-year crime deterrence and
reduction plan applicable to such grant includes the fiscal
year for which the grant under this subsection is to be made;
and
``(iii) the Secretary has determined, pursuant to a
performance review under paragraph (4), that during the
preceding fiscal year the agency has substantially fulfilled
the requirements under subparagraphs (A) and (B) of paragraph
(4).
``(2) 5-year crime deterrence and reduction plan.--Each
application for a grant under this subsection shall contain a
5-year crime deterrence and reduction plan. The plan shall be
developed with the participation of residents and appropriate
law enforcement officials. The plan shall describe, for the
local housing and management authority submitting the plan--
``(A) the nature of the crime problem in public housing
owned or operated by the local housing and management
authority;
``(B) the building or buildings of the local housing and
management authority affected by the crime problem;
``(C) the impact of the crime problem on residents of such
building or buildings; and
``(D) the actions to be taken during the term of the plan
to reduce and deter such crime, which shall include actions
involving residents, law enforcement, and service providers.
The term of a plan shall be the period consisting of 5
consecutive fiscal years, which begins with the first fiscal
year for which funding under this chapter is provided to
carry out the plan.
``(3) Amount.--In any fiscal year, the amount of the grant
for a local housing and management authority receiving a
grant pursuant to paragraph (1) shall be the amount that
bears the same ratio to the total amount made available under
section 5131(b)(1) as the total number of public dwelling
units owned or operated by such authority bears to the total
number of dwelling units owned or operated by all local
housing and management authorities that own or operate 250 or
more public housing dwelling units that are approved for such
fiscal year.
``(4) Performance review.--For each fiscal year, the
Secretary shall conduct a performance review of the
activities carried out by each local housing and management
authority receiving a grant pursuant to this subsection to
determine whether the agency--
``(A) has carried out such activities in a timely manner
and in accordance with its 5-year crime deterrence and
reduction plan; and
``(B) has a continuing capacity to carry out such plan in a
timely manner.
``(5) Submission of applications.--The Secretary shall
establish such deadlines and requirements for submission of
applications under this subsection.
``(6) Review and determination.--The Secretary shall review
each application submitted under this subsection upon
submission and shall approve the application unless the
application and the 5-year crime deterrence and reduction
plan are inconsistent with the purposes of this chapter or
any requirements established by the Secretary or the
information in the application or plan is not substantially
complete. Upon approving or determining not to approve an
application and plan submitted under this subsection, the
Secretary shall notify the local housing and management
authority submitting the application and plan of such
approval or disapproval.
``(7) Disapproval of applications.--If the Secretary
notifies an authority that the application and plan of the
authority is not approved, not later than the expiration of
the 15-day period beginning upon such notice of disapproval,
the Secretary shall also notify the authority, in writing, of
the reasons for the disapproval, the actions that the
authority could take to comply with the criteria for
approval, and the deadlines for such actions.
``(8) Failure to approve or disapprove.--If the Secretary
fails to notify an authority of approval or disapproval of an
application and plan submitted under this subsection before
the expiration of the 60-day period beginning upon the
submission of the plan or fails to provide notice under
paragraph (7) within the 15-day period under such paragraph
to an authority whose application has been disapproved, the
application and plan shall be considered to have been
approved for purposes of this section.
``(b) LHMA's With Fewer Than 250 Units and Owners of
Federally Assisted Low-Income Housing.--
``(1) Applications and plans.--To be eligible to receive a
grant under this chapter, a local housing and management
authority that owns or operates fewer than 250 public housing
dwelling units or an owner of federally assisted low-income
housing shall submit an application to the Secretary at such
time, in such manner, and accompanied by such additional
information as the Secretary may require. The application
shall include a plan for addressing the problem of crime in
and around the housing for which the application is
submitted, describing in detail activities to be conducted
during the fiscal year for which the grant is requested.
``(2) Grants for lhma's with fewer than 250 units.--In each
fiscal year the Secretary may, to the extent amounts are
available under section 5131(b)(2), make grants under this
chapter to local housing and management authorities that own
or operate fewer than 250 public housing dwelling units and
have submitted applications under paragraph (1) that the
Secretary has approved pursuant to the criteria under
paragraph (4).
``(3) Grants for federally assisted low-income housing.--In
each fiscal year the Secretary may, to the extent amounts are
available under section 5131(b)(3), make grants under this
chapter to owners of federally assisted low-income housing
that have submitted applications under paragraph (1) that the
Secretary has approved pursuant to the criteria under
paragraphs (4) and (5).
[[Page 1074]]
``(4) Criteria for approval of applications.--The Secretary
shall determine whether to approve each application under
this subsection on the basis of--
``(A) the extent of the crime problem in and around the
housing for which the application is made;
``(B) the quality of the plan to address the crime problem
in the housing for which the application is made;
``(C) the capability of the applicant to carry out the
plan; and
``(D) the extent to which the tenants of the housing, the
local government, local community-based nonprofit
organizations, local tenant organizations representing
residents of neighboring projects that are owned or assisted
by the Secretary, and the local community support and
participate in the design and implementation of the
activities proposed to be funded under the application.
In each fiscal year, the Secretary may give preference to
applications under this subsection for housing made by
applicants who received a grant for such housing for the
preceding fiscal year under this subsection or under the
provisions of this chapter as in effect immediately before
the date of the enactment of the United States Housing Act of
1996.
``(5) Additional criteria for federally assisted low-income
housing.--In addition to the selection criteria under
paragraph (4), the Secretary may establish other criteria for
evaluating applications submitted by owners of federally
assisted low-income housing, except that such additional
criteria shall be designed only to reflect--
``(A) relevant differences between the financial resources
and other characteristics of local housing and management
authorities and owners of federally assisted low-income
housing; or
``(B) relevant differences between the problem of crime in
public housing administered by such authorities and the
problem of crime in federally assisted low-income housing.''.
(d) Definitions.--Section 5126 of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11905) is amended--
(1) by striking paragraphs (1) and (2);
(2) in paragraph (4)(A), by striking ``section'' before
``221(d)(4)'';
(3) by redesignating paragraphs (3) and (4) (as so amended)
as paragraphs (1) and (2), respectively; and
(4) by adding at the end the following new paragraph:
``(3) Local housing and management authority.--The term
`local housing and management authority' has the meaning
given the term in title I of the United States Housing Act of
1996.''.
(e) Implementation.--Section 5127 of the Anti-Drug Abuse
Act of 1988 (42 U.S.C. 11906) is amended by striking
``Cranston-Gonzalez National Affordable Housing Act'' and
inserting ``United States Housing Act of 1996''.
(f) Reports.--Section 5128 of the Anti-Drug Abuse Act of
1988 (42 U.S.C. 11907) is amended--
(1) by striking ``drug-related crime in'' and inserting
``crime in and around''; and
(2) by striking ``described in section 5125(a)'' and
inserting ``for the grantee submitted under subsection (a) or
(b) of section 5125, as applicable''.
(g) Funding and Program Sunset.--Chapter 2 of subtitle C of
title V of the Anti-Drug Abuse Act of 1988 is amended by
striking section 5130 (42 U.S.C. 11909) and inserting the
following new sections:
``SEC. 5130. FUNDING.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this chapter such
sums as may be necessary for fiscal years 1997 and 1998.
``(b) Allocation.--Of any amounts available, or that the
Secretary is authorized to use, to carry out this chapter in
any fiscal year--
``(1) 85 percent shall be available only for assistance
pursuant to section 5125(a) to local housing and management
authorities that own or operate 250 or more public housing
dwelling units;
``(2) 10 percent shall be available only for assistance
pursuant to section 5125(b)(2) to local housing and
management authorities that own or operate fewer than 250
public housing dwelling units; and
``(3) 5 percent shall be available only for assistance to
federally assisted low-income housing pursuant to section
5125(b)(3).''.
(h) Conforming Amendments.--The table of contents in
section 5001 of the Anti-Drug Abuse Act of 1988 (Public Law
100-690; 102 Stat. 4295) is amended--
(1) by striking the item relating to the heading for
chapter 2 of subtitle C of title V and inserting the
following:
``Chapter 2--Community Partnerships Against Crime'';
(2) by striking the item relating to section 5122 and
inserting the following new item:
``Sec. 5122. Purposes.'';
(3) by striking the item relating to section 5125 and
inserting the following new item:
``Sec. 5125. Grant procedures.'';
and
(4) by striking the item relating to section 5130 and
inserting the following new item:
``Sec. 5130. Funding.''.
(i) Treatment of NOFA.--The cap limiting assistance under
the Notice of Funding Availability issued by the Department
of Housing and Urban Development in the Federal Register of
April 8, 1996, shall not apply to a local housing and
management authority within an area designated as a high
intensity drug trafficking area under section 1005(c) of the
Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504(c).
SEC. 504. TREATMENT OF CERTAIN PROJECTS.
Rehabilitation activities undertaken by Pennrose Properties
in connection with 40 dwelling units for senior citizens in
the Providence Square development located in New Brunswick,
New Jersey, are hereby deemed to have been conducted pursuant
to the approval of and an agreement with the Secretary of
Housing and Urban Development under clauses (i) and (ii) of
the third sentence of section 8(d)(2)(A) of the United States
Housing Act of 1937 (as in effect before the date of the
enactment of this Act).
SEC. 505. AMENDMENTS RELATING TO COMMUNITY DEVELOPMENT
ASSISTANCE.
(a) Eligibility of Metropolitan Cities.--Section 102(a)(4)
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302(a)(4)) is amended--
(1) by striking the second sentence and inserting the
following new sentence: ``Any city that was classified as a
metropolitan city for at least 1 year after September 30,
1989, pursuant to the first sentence of this paragraph, shall
remain classified as a metropolitan city by reason of this
sentence until the first year for which data from the 2000
Decennial Census is available for use for purposes of
allocating amounts this title.''; and
(2) by striking the fifth sentence and inserting the
following new sentence: ``Notwithstanding that the population
of a unit of general local government was included, after
September 30, 1989, with the population of an urban county
for purposes of qualifying for assistance under section 106,
the unit of general local government may apply for assistance
under section 106 as a metropolitan city if the unit meets
the requirements of the second sentence of this paragraph.''.
(b) Public Services Limitation.--Section 105(a)(8) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(8)) is amended by striking ``through 1997'' and
inserting ``through 1998''.
SEC. 506. AUTHORITY TO TRANSFER SURPLUS REAL PROPERTY FOR
HOUSING USE.
Section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484) is amended by adding at
the end the following new subsection:
``(r)(1) Under such regulations as the Administrator may
prescribe, and with the written consent of appropriate local
governmental authorities, the Administrator may transfer to
any nonprofit organization which exists for the primary
purpose of providing housing or housing assistance for
homeless individuals or families, such surplus real property,
including buildings, fixtures, and equipment situated
thereon, as is needed for housing use.
``(2) Under such regulations as the Administrator may
prescribe, and with the written consent of appropriate local
governmental authorities, the Administrator may transfer to
any nonprofit organization which exists for the primary
purpose of providing housing or housing assistance for low-
income individuals or families such surplus real property,
including buildings, fixtures, and equipment situated
thereon, as is needed for housing use.
``(3) In making transfers under this subsection, the
Administrator shall take such action, which shall include
grant agreements with an organization receiving a grant, as
may be necessary to ensure that--
``(A) assistance provided under this subsection is used to
facilitate and encourage homeownership opportunities through
the construction of self-help housing, under terms which
require that the person receiving the assistance contribute a
significant amount of labor toward the construction; and
``(B) the dwellings constructed with property transferred
under this subsection shall be quality dwellings that comply
with local building and safety codes and standards and shall
be available at prices below the prevailing market prices.
``(4)(A) Where the Administrator has transferred a
significant portion of a surplus real property, including
buildings, fixtures, and equipment situated thereon, under
paragraph (1) or (2) of this subsection, the transfer of the
entire property shall be deemed to be in compliance with
title V of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411 et seq.).
``(B) For the purpose of this paragraph, the term `a
significant portion of a surplus real property' means a
portion of surplus real property--
``(i) which constitutes at least 5 acres of total acreage;
``(ii) whose fair market value exceeds $100,000; or
``(iii) whose fair market value exceeds 15 percent of the
surplus property's fair market value.
``(5) The provisions of this section shall not apply to
buildings and property at military installations that are
approved for closure under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) and shall not supersede the
provisions of section 2(e) of the Base Closure Community
Redevelopment and Homeless Assistance Act of 1994 (10 U.S.C.
2687 note).''.
SEC. 507. RURAL HOUSING ASSISTANCE.
The last sentence of section 520 of the Housing Act of 1949
(42 U.S.C. 1490) is amended by inserting before the period
the following: ``, and the city of Altus, Oklahoma, shall be
considered a rural area for purposes of this title until the
receipt of data from the decennial census in the year 2000''.
[[Page 1075]]
SEC. 508. TREATMENT OF OCCUPANCY STANDARDS.
(a) National Standard Prohibited.--The Secretary of Housing
and Urban Development shall not directly or indirectly
establish a national occupancy standard.
(b) State Standard.--If a State establishes an occupancy
standard--
(1) such standard shall be presumed reasonable for purposes
of any laws administered by the Secretary; and
(2) the Secretary shall not suspend, withdraw, or deny
certification of any State or local public agency based in
whole or in part on that State occupancy standard or its
operation.
(c) Absence of State Standard.--If a State fails to
establish an occupancy standard, an occupancy standard of 2
persons per bedroom established by a housing provider shall
be presumed reasonable for the purposes of any laws
administered by the Secretary.
(d) Definition.--
(1) General rule.--Except as provided in paragraph (2), the
term ``occupancy standard'' means a law, regulation, or
housing provider policy that establishes a limit on the
number of residents a housing provider can properly manage in
a dwelling for any 1 or more of the following purposes--
(A) providing a decent home and services for each resident;
(B) enhancing the livability of a dwelling for all
residents, including the dwelling for each particular
resident; and
(C) avoiding undue physical deterioration of the dwelling
and property.
(2) Exception.--The term ``occupancy standard'' does not
include a Federal, State, or local restriction regarding the
maximum number of persons permitted to occupy a dwelling for
the sole purpose of protecting the health and safety of the
residents of a dwelling, including building and housing code
provisions.
(e) Effective Date.--This section shall take effect January
1, 1996.
SEC. 509. IMPLEMENTATION OF PLAN.
(a) Implementation.--Within 120 days after the enactment of
this Act, the Secretary of Housing and Urban Development
shall implement the Ida Barbour Revitalization Plan of the
City of Portsmouth, Virginia, in a manner consistent with
existing limitations under law. The Secretary shall consider
and make any waivers to existing regulations consistent with
such plan to enable timely implementation of such plan.
(b) Report.--Such city shall submit a report to the
Secretary on progress in implementing the plan not later than
1 year after the date of the enactment of this Act and
annually thereafter through the year 2000. The report shall
include quantifiable measures revealing the increase in
homeowners, employment, tax base, voucher allocation,
leverage ratio of funds, impact on and compliance with the
city's consolidated plan, identification of regulatory and
statutory obstacles which have or are causing unnecessary
delays in the plan's successful implementation or are
contributing to unnecessary costs associated with the
revitalization, and any other information as the Secretary
considers appropriate.
SEC. 510. INCOME ELIGIBILITY FOR HOME AND CDBG PROGRAMS.
(a) Home Investment Partnerships.--The Cranston-Gonzalez
National Affordable Housing Act is amended as follows:
(1) Definitions.--In section 104(10) (42 U.S.C.
12704(10))--
(A) by striking ``income ceilings higher or lower'' and
inserting ``an income ceiling higher'';
(B) by striking ``variations are'' and inserting
``variation is''; and
(C) by striking ``high or''.
(2) Income targeting.--In section 214(1)(A) (42 U.S.C.
12744(1)(A))--
(A) by striking ``income ceilings higher or lower'' and
inserting ``an income ceiling higher'';
(B) by striking ``variations are'' and inserting
``variation is''; and
(C) by striking ``high or''.
(3) Rent limits.--In section 215(a)(1)(A) (42 U.S.C.
12745(a)(1)(A))--
(A) by striking ``income ceilings higher or lower'' and
inserting ``an income ceiling higher'';
(B) by striking ``variations are'' and inserting
``variation is''; and
(C) by striking ``high or''.
(b) CDBG.--Section 102(a)(20) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302(a)(20)) is amended by
striking subparagraph (B) and inserting the following new
subparagraph:
``(B) The Secretary may--
``(i) with respect to any reference in subparagraph (A) to
50 percent of the median income of the area involved,
establish percentages of median income for any area that are
higher or lower than 50 percent if the Secretary finds such
variations to be necessary because of unusually high or low
family incomes in such area; and
``(ii) with respect to any reference in subparagraph (A) to
80 percent of the median income of the area involved,
establish a percentage of median income for any area that is
higher than 80 percent if the Secretary finds such variation
to be necessary because of unusually low family incomes in
such area.''.
SEC. 511. AMENDMENTS RELATING TO SECTION 236 PROGRAM.
Section 236(f)(1) of the National Housing Act (12 U.S.C.
1715z-1) (as amended by section 405(d)(1) of The Balanced
Budget Downpayment Act, I, and by section 228(a) of The
Balanced Budget Downpayment Act, II) is amended--
(1) in the second sentence, by striking ``the lower of
(i)'';
(2) in the second sentence, by striking ``(ii) the fair
market rental established under section 8(c) of the United
States Housing Act of 1937 for the market area in which the
housing is located, or (iii) the actual rent (as determined
by the Secretary) paid for a comparable unit in comparable
unassisted housing in the market area in which the housing
assisted under this section is located,''; and
(3) by inserting after the second sentence the following:
``However, in the case of a project which contains more than
5,000 units, is subject to an interest reduction payments
contract, and is financed under a State or local program, the
Secretary may reduce the rental charge ceiling, but in no
case shall the rent be below basic rent. For plans of action
approved for capital grants under the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 or the
provisions of the Emergency Low Income Housing Preservation
Act of 1987, the rental charge for each dwelling unit shall
be at the basic rental charge or such greater amount, not
exceeding the lower of (i) the fair market rental charge
determined pursuant to this paragraph, or (ii) the actual
rent paid for a comparable unit in comparable unassisted
housing in the market area in which the housing is located,
as represents 30 percent of the tenant's adjusted income, but
in no case shall the rent be below basic rent.''.
SEC. 512. PROSPECTIVE APPLICATION OF GOLD CLAUSES.
Section 5118(d)(2) of title 31, United States Code, is
amended by adding at the end the following new sentence:
``This paragraph shall continue to apply to any obligations
issued on or before October 27, 1977, notwithstanding any
assignment and/or novation of such obligations after such
date, unless all parties to the assignment and/or novation
specifically agree to include a gold clause in the new
agreement.''.
SEC. 513. MOVING TO WORK DEMONSTRATION FOR THE 21ST CENTURY.
(a) Purpose.--The purpose of this demonstration under this
section is to give local housing and management authorities
and the Secretary of Housing and Urban Development the
flexibility to design and test various approaches for
providing and administering housing assistance that--
(1) reduce cost and achieve greater cost effectiveness in
Federal expenditures;
(2) give incentives to families with children where the
head of household is working, seeking work, or preparing for
work by participating in job training, educational programs,
or programs that assist people to obtain employment and
become economically self-sufficient; and
(3) increase housing choices for low-income families.
(b) Program Authority.--
(1) Selection of participants.--The Secretary of Housing
and Urban Development shall conduct a demonstration program
under this section beginning in fiscal year 1997 under which
local housing and management authorities (including Indian
housing authorities) administering the public or Indian
housing program and the choice-based rental assistance
program under title III of this Act shall be selected by the
Secretary to participate. In the first year of the
demonstration, the Secretary shall select 100 local housing
and management authorities to participate. In each of the
next 2 years of the demonstration, the Secretary shall select
100 additional local housing and management authorities per
year to participate. During the first year of the
demonstration, the Secretary shall select for participation
any authority that complies with the requirement under
subsection (d) and owns or administers more than 99,999
dwelling units of public housing.
(2) Training.--The Secretary, in consultation with
representatives of public housing interests, shall provide
training and technical assistance during the demonstration
and conduct detailed evaluations of up to 30 such agencies in
an effort to identify replicable program models promoting the
purpose of the demonstration.
(3) Use of housing assistance.--Under the demonstration,
notwithstanding any provision of this Act, an authority may
combine operating assistance provided under section 9 of the
United States Housing Act of 1937 (as in effect before the
date of the enactment of this Act), modernization assistance
provided under section 14 of such Act, assistance provided
under section 8 of such Act for the certificate and voucher
programs, assistance for pubic housing provided under title
II of this Act, and choice-based rental assistance provided
under title III of this Act, to provide housing assistance
for low-income families and services to facilitate the
transition to work on such terms and conditions as the
authority may propose.
(c) Application.--An application to participate in the
demonstration--
(1) shall request authority to combine assistance refereed
to in subsection (b)(3);
(2) shall be submitted only after the local housing and
management authority provides for citizen participation
through a public hearing and, if appropriate, other means;
(3) shall include a plan developed by the authority that
takes into account comments from the public hearing and any
other public comments on the proposed program, and comments
from current and prospective residents who would be affected,
and that includes criteria for--
[[Page 1076]]
(A) establishing a reasonable rent policy, which shall be
designed to encourage employment and self-sufficiency by
participating families, consistent with the purpose of this
demonstration, such as by excluding some or all of a family's
earned income for purposes of determining rent; and
(B) assuring that housing assisted under the demonstration
program meets housing quality standards established or
approved by the Secretary; and
(4) may request assistance for training and technical
assistance to assist with design of the demonstration and to
participate in a detailed evaluation.
(d) Selection Criteria.--In selecting among applications,
the Secretary shall take into account the potential of each
authority to plan and carry out a program under the
demonstration and other appropriate factors as reasonably
determined by the Secretary. An authority shall be eligible
to participate in any fiscal year only if the most recent
score for the authority under the public housing management
assessment program under section 6(j) of the United States
Housing Act of 1937 (as in effect before the date of the
enactment of this Act) is 90 or greater.
(e) Applicability of Certain Provisions.--
(1) Section 261 of this Act shall continue to apply to
public housing notwithstanding any use of the housing under
this demonstration.
(2) Section 113 of this Act shall apply to housing assisted
under the demonstration, other than housing assisted solely
due to occupancy by families receiving tenant-based
assistance.
(f) Effect on Program Allocations.--The amount of
assistance received under titles II and III by a local
housing and management authority participating in the
demonstration under this section shall not be diminished by
its participation.
(g) Records, Reports, and Audits.--
(1) Keeping of records.--Each authority shall keep such
records as the Secretary may prescribe as reasonably
necessary to disclose the amounts and the disposition of
amounts under this demonstration, to ensure compliance with
the requirements of this section, and to measure performance.
(2) Reports.--Each authority shall submit to the Secretary
a report, or series of reports, in a form and at a time
specified by the Secretary. Each report shall--
(A) document the use of funds made available under this
section;
(B) provide such data as the Secretary may request to
assist the Secretary in assessing the demonstration; and
(C) describe and analyze the effect of assisted activities
in addressing the objectives of this part.
(3) Access to documents by the secretary.--The Secretary
shall have access for the purpose of audit and examination to
any books, documents, papers, and records that are pertinent
to assistance in connection with, and the requirements of,
this section.
(4) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of, this
section.
(h) Evaluation and Report.--
(1) Consultation with lhma and family representatives.--In
making assessments throughout the demonstration, the
Secretary shall consult with representatives of local housing
and management authorities and residents.
(2) Report to congress.--Not later than 180 days after the
end of the third year of the demonstration, the Secretary
shall submit to the Congress a report evaluating the programs
carried out under the emonstration. The report shall also
include findings and recommendations for any appropriate
legislative action.
SEC. 514. OCCUPANCY SCREENING AND EVICTIONS FROM FEDERALLY
ASSISTED HOUSING.
(a) Occupancy Screening.--Section 642 of the Housing and
Community Development Act of 1992 (42 U.S.C. 13602)--
(1) by inserting ``(a) General Criteria.--'' before ``In'';
and
(2) by adding at the end the following new subsections:
``(b) Authority to Deny Occupancy for Criminal Offenders.--
In selecting tenants for occupancy of dwelling units in
federally assisted housing, if the owner of such housing
determines that an applicant for occupancy in the housing or
any member of the applicant's household is or was, during the
preceding 3 years, engaged in any activity described in
paragraph (2)(C) of section 645, the owner may--
``(1) deny such applicant occupancy and consider the
applicant (for purposes of any waiting list) as not having
applied for such occupancy; and
``(2) after the expiration of the 3-year period beginning
upon such activity, require the applicant, as a condition of
occupancy in the housing or application for occupancy in the
housing, to submit to the owner evidence sufficient (as the
Secretary shall by regulation provide) to ensure that the
individual or individuals in the applicant's household who
engaged in criminal activity for which denial was made under
paragraph (1) have not engaged in any criminal activity
during such 3-year period.
``(c) Authority to Require Access to Criminal Records.--An
owner of federally assisted housing may require, as a
condition of providing occupancy in a dwelling unit in such
housing to an applicant for occupancy and the members of the
applicant's household, that each adult member of the
household provide the owner with a signed, written
authorization for the owner to obtain records described in
section 646(a) regarding such member of the household from
the National Crime Information Center, police departments,
and other law enforcement agencies.
``(d) Definition.--For purposes of subsections (b) and (c),
the term `federally assisted housing' has the meaning given
the term by this title, except that the term does not include
housing that only meets the requirements of section
683(2)(E).''.
(b) Termination of Tenancy.--Subtitle C of title VI of the
Housing and Community Development Act of 1992 (42 U.S.C.
13601 et seq.) is amended by adding at the end the following
new section:
``SEC. 645. TERMINATION OF TENANCY.
``Each lease for a dwelling unit in federally assisted
housing (as such term is defined in section 642(d)) shall
provide that--
``(1) the owner may not terminate the tenancy except for
violation of the terms and conditions of the lease, violation
of applicable Federal, State, or local law, or other good
cause; and
``(2) any activity, engaged in by the tenant, any member of
the tenant's household, or any guest or other person under
the tenant's control, that--
``(A) threatens the health or safety of, or right to
peaceful enjoyment of the premises by, other tenants or
employees of the owner or other manager of the housing,
``(B) threatens the health or safety of, or right to
peaceful enjoyment of their residences by, persons residing
in the immediate vicinity of the premises, or
``(C) is criminal activity (including drug-related criminal
activity) on or off the premises,
shall be cause for termination of tenancy.''.
(c) Availability of Criminal Records for Tenant Screening
and Eviction.--Subtitle C of title VI of the Housing and
Community Development Act of 1992 (42 U.S.C. 13601 et seq.)
is amended adding after section 645 (as added by subsection
(b) of this section) the following new section:
``SEC. 646. AVAILABILITY OF RECORDS.
``(a) In General.--
``(1) Provision of information.--Notwithstanding any other
provision of law other than paragraph (2), upon the request
of an owner of federally assisted housing, the National Crime
Information Center, a police department, and any other law
enforcement agency shall provide to the owner of federally
assisted housing information regarding the criminal
conviction records of an adult applicant for, or tenants of,
the federally assisted housing for purposes of applicant
screening, lease enforcement, and eviction, but only if the
owner requests such information and presents to such Center,
department, or agency with a written authorization, signed by
such applicant, for the release of such information to such
owner.
``(2) Exception.--The information provided under paragraph
(1) may not include any information regarding any criminal
conviction of an applicant or resident for any act (or
failure to act) for which the applicant or resident was not
treated as an adult under the laws of the convicting
jurisdiction.
``(b) Confidentiality.--An owner receiving information
under this section may use such information only for the
purposes provided in this section and such information may
not be disclosed to any person who is not an officer or
employee of the owner. The Secretary shall, by regulation,
establish procedures necessary to ensure that information
provided under this section to an owner is used, and
confidentiality of such information is maintained, as
required under this section.
``(c) Opportunity to Dispute.--Before an adverse action is
taken with regard to assistance for federally assisted
housing on the basis of a criminal record, the owner shall
provide the tenant or applicant with a copy of the criminal
record and an opportunity to dispute the accuracy and
relevance of that record.
``(d) Fee.--An owner of federally assisted housing may be
charged a reasonable fee for information provided under
subsection (a).
``(e) Records Management.--Each owner of federally assisted
housing that receives criminal record information under this
section shall establish and implement a system of records
management that ensures that any criminal record received by
the owner is--
``(1) maintained confidentially;
``(2) not misused or improperly disseminated; and
``(3) destroyed, once the purpose for which the record was
requested has been accomplished.
``(f) Penalty.--Any person who knowingly and willfully
requests or obtains any information concerning an applicant
for, or resident of, federally assisted housing pursuant to
the authority under this section under false pretenses, or
any person who knowingly and willfully discloses any such
information in any manner to any individual not entitled
under any law to receive it, shall be guilty of a misdemeanor
and fined not more than $5,000. The term `person' as used in
this subsection shall include an officer or employee of any
local housing and management authority.
``(g) Civil action.--Any applicant for, or resident of,
federally assisted housing af
[[Page 1077]]
fected by (1) a negligent or knowing disclosure of
information referred to in this section about such person by
an officer or employee of any owner, which disclosure is not
authorized by this section, or (2) any other negligent or
knowing action that is inconsistent with this section, may
bring a civil action for damages and such other relief as may
be appropriate against any owner responsible for such
unauthorized action. The district court of the United States
in the district in which the affected applicant or resident
resides, in which such unauthorized action occurred, or in
which the officer or employee alleged to be responsible for
any such unauthorized action resides, shall have jurisdiction
in such matters. Appropriate relief that may be ordered by
such district courts shall include reasonable attorney's fees
and other litigation costs.
``(h) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Adult.--The term `adult' means a person who is 18
years of age or older, or who has been convicted of a crime
as an adult under any Federal, State, or tribal law.
``(2) Federally assisted housing.--The term `federally
assisted housing' has the meaning given the term by this
title, except that the term does not include housing that
only meets the requirements of section 683(2)(E).''.
(d) Definitions.--Section 683 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13643) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``section 3(b) of the
United States Housing Act of 1937'' and inserting ``section
102 of the United States Housing Act of 1996'';
(B) in subparagraph (B), by inserting before the semicolon
at the end the following; ``(as in effect before the
enactment of the United States Housing Act of 1996)'';
(C) in subparagraph (F), by striking ``and'' at the end;
(D) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(E) by adding at the end the following new subparagraph:
``(H) for purposes only of subsections (b) and (c) of
sections 642, and section 645 and 646, housing assisted under
section 515 of the Housing Act of 1949.'';
(2) in paragraph (4), by striking ``public housing agency''
and inserting ``local housing and management authority''; and
(3) by adding at the end the following new paragraph:
``(6) Drug-related criminal activity.--The term `drug-
related criminal activity' means the illegal manufacture,
sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use, of a controlled
substance (as defined in section 102 of the Controlled
Substances Act).''.
SEC. 515. USE OF AMERICAN PRODUCTS.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available in this Act should be American made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
SEC. 516. LIMITATION ON EXTENT OF USE OF LOAN GUARANTEES FOR
HOUSING PURPOSES.
Section 108 of the Housing and Community Development Act of
1974 (42 U.S.C. 5308) is amended by inserting after
subsection (h) the following new section:
``(i) Limitation on Use.--Of any amounts obtained from
notes or other obligations issued by an eligible public
entity or public agency designated by an eligible public
entity and guaranteed under this section pursuant to an
application for a guarantee submitted after the date of the
enactment of the Housing and Community Development Act of
1992, the aggregate amount used for the purposes described in
clauses (2) and (4) of subsection (a), and for other housing
activities under the purposes described in clauses (1) and
(3) of subsection (a), may not exceed 50 percent of such
amounts obtained by the eligible public entity or agency.''.
SEC. 517. CONSULTATION WITH AFFECTED AREAS IN SETTLEMENT OF
LITIGATION.
In negotiating any settlement of, or consent decree for,
any litigation regarding public housing or rental assistance
(under title III of this Act or the United States Housing Act
of 1937, as in effect before the enactment of this Act) that
involves the Secretary and any local housing and management
authority or any unit of general local government, the
Secretary shall consult with any units of general local
government and local housing and management authorities
having jurisdictions that are adjacent to the jurisdiction of
the local housing and management authority involved.
TITLE VI--NATIONAL COMMISSION ON HOUSING ASSISTANCE PROGRAMS COST
SEC. 601. ESTABLISHMENT.
There is established a commission to be known as the
National Commission on Housing Assistance Programs Cost (in
this title referred to as the ``Commission'').
SEC. 602. MEMBERSHIP.
(a) Appointment.--The Commission shall be composed of 9
members, who shall be appointed not later than 90 days after
the date of the enactment of this Act. The members shall be
as follows:
(1) 3 members to be appointed by the Secretary of Housing
and Urban Development;
(2) 3 members appointed by the Chairman and Ranking
Minority Member of the Subcommittee on Housing Opportunity
and Community Development of the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Chairman and
Ranking Minority Member of the Subcommittee on VA, HUD, and
Independent Agencies of the Committee on Appropriations of
the Senate; and
(3) 3 members appointed by the Chairman and Ranking
Minority Member of the Subcommittee on Housing and Community
Opportunity of the Committee on Banking and Financial
Services of the House of Representatives and the Chairman and
Ranking Minority Member of the Subcommittee on VA, HUD, and
Independent Agencies of the Committee on Appropriations of
the House of Representatives.
(b) Qualifications.--The 3 members of the Commission
appointed under each of paragraphs (1), (2), and (3) of
subsection (a)--
(1) shall all be experts in the field of accounting,
economics, cost analysis, finance, or management; and
(2) shall include--
(A) 1 individual who is an elected public official at the
State or local level;
(B) 1 individual who is a distinguished academic engaged in
teaching or research;
(C) 1 individual who is a business leader, financial
officer, management or accounting expert.
In selecting members of the Commission for appointment, the
individuals appointing shall ensure that the members selected
can analyze the Federal assisted housing programs (as such
term is defined in section 604(a)) on an objective basis and
that no member of the Commission has a personal financial or
business interest in any such program.
SEC. 603. ORGANIZATION.
(a) Chairperson.--The Commission shall elect a chairperson
from among members of the Commission.
(b) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business,
but a lesser number may hold hearings.
(c) Voting.--Each member of the Commission shall be
entitled to 1 vote, which shall be equal to the vote of every
other member of the Commission.
(d) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(e) Prohibition on Additional Pay.--Members of the
Commission shall serve without compensation.
(f) Travel Expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
SEC. 604. FUNCTIONS.
(a) In General.--The Commission shall --
(1) analyze the full cost to the Federal Government, public
housing agencies, State and local governments, and other
parties, per assisted household, of the Federal assisted
housing programs, and shall conduct the analysis on a
nationwide and regional basis and in a manner such that
accurate per unit cost comparisons may be made between
Federal assisted housing programs; and
(2) estimate the future liability that will be borne by
taxpayers as a result of activities under the Federal
assisted housing programs before the date of the enactment of
this Act.
(b) Definition.--For purposes of this section, the term
``Federal assisted housing programs'' means--
(1) the public housing program under the United States
Housing Act of 1937 (as in effect before the date of the
enactment of this Act);
(2) the public housing program under title II of this Act;
(3) the certificate program for rental assistance under
section 8(b)(1) of the United States Housing Act of 1937 (as
in effect before the date of the enactment of this Act);
(4) the voucher program for rental assistance under section
8(o) of the United States Housing Act of 1937 (as in effect
before the date of the enactment of this Act);
(5) the programs for project-based assistance under section
8 of the United States Housing Act of 1937 (as in effect
before the date of the enactment of this Act);
(6) the rental assistance payments program under section
521(a)(2)(A) of the Housing Act of 1949;
(7) the program for housing for the elderly under section
202 of the Housing Act of 1959;
(8) the program for housing for persons with disabilities
under section 811 of the Cranston-Gonzalez National
Affordable Housing Act;
(9) the program for financing housing by a loan or mortgage
insured under section 221(d)(3) of the National Housing Act
that bears interest at a rate determined under the proviso of
section 221(d)(5) of such Act;
(10) the program under section 236 of the National Housing
Act;
(11) the program for constructed or substantial
rehabilitation under section 8(b)(2) of the United States
Housing Act of 1937, as in effect before October 1, 1983; and
(12) any other program for housing assistance administered
by the Secretary of Housing and Urban Development or the
Secretary of Agriculture, under which occupancy in the
housing assisted or housing assistance pro
[[Page 1078]]
vided is based on income, as the Commission may determine.
(c) Final Report.--Not later than 18 months after the
Commission is established pursuant to section 602(a), the
Commission shall submit to the Secretary and to the Congress
a final report which shall contain the results of the
analysis and estimates required under subsection (a).
(c) Limitation.--The Commission may not make any
recommendations regarding Federal housing policy.
SEC. 605. POWERS.
(a) Hearings.--The Commission may, for the purpose of
carrying out this title, hold such hearings and sit and act
at such times and places as the Commission may find
advisable.
(b) Rules and Regulations.--The Commission may adopt such
rules and regulations as may be necessary to establish its
procedures and to govern the manner of its operations,
organization and personnel.
(c) Assistance From Federal Agencies.--
(1) Information.--The Commission may request from any
department or agency of the United States, and such
department or agency shall provide to the Commission in a
timely fashion, such data and information as the Commission
may require for carrying out this title, including--
(A) local housing management plans submitted to the
Secretary of Housing and Urban Development under section 107;
(B) block grant contracts under title II;
(C) contracts under section 302 for assistance amounts
under title III; and
(D) audits submitted to the Secretary of Housing and Urban
Development under section 432.
(2) Administrative support.--The General Services
Administration shall provide to the Commission, on a
reimbursable basis, such administrative support services as
the Commission may request.
(3) Personnel details and technical assistance.--Upon the
request of the chairperson of the Commission, the Secretary
of Housing and Urban Development shall, to the extent
possible and subject to the discretion of the Secretary--
(A) detail any of the personnel of the Department of
Housing and Urban Development, on a nonreimbursable basis, to
assist the Commission in carrying out its duties under this
title; and
(B) provide the Commission with technical assistance in
carrying out its duties under this title.
(d) Information From Local Housing and Management
Authorities.--The Commission shall have access, for the
purpose of carrying out its functions under this title, to
any books, documents, papers, and records of a local housing
and management authority that are pertinent to this Act and
assistance received pursuant to this Act.
(e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
(f) Contracting.--The Commission may, to the extent and in
such amounts as are provided in appropriations Acts, enter
into contracts necessary to carry out its duties under this
title.
(g) Staff.--
(1) Executive director.--The Commission shall appoint an
executive director of the Commission who shall be compensated
at a rate fixed by the Commission, but which shall not exceed
the rate established for level V of the Executive Schedule
under title 5, United States Code.
(2) Personnel.--In addition to the executive director, the
Commission may appoint and fix the compensation of such
personnel as it deems advisable, in accordance with the
provisions of title 5, United States Code, governing
appointments to the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(3) Limitation.--Paragraphs (1) and (2) shall be effective
only to the extent and in such amounts as are provided in
appropriations Acts.
(4) Selection criteria.--In appointing an executive
director and staff, the Commission shall ensure that the
individuals appointed can conduct any functions they may have
regarding the Federal assisted housing programs (as such term
is defined in section 604(a)) on an objective basis and that
no such individual has a personal financial or business
interest in any such program.
(h) Advisory Committee.--The Commission shall be considered
an advisory committee within the meaning of the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 606. FUNDING.
Of any amounts made available for policy, research, and
development activities of the Department of Housing and Urban
Development, there shall be available for carrying out this
title $750,000, for fiscal year 1997. Any such amounts so
appropriated shall remain available until expended.
SEC. 607. SUNSET.
The Commission shall terminate upon the expiration of the
18-month period beginning upon the date that the Commission
is established pursuant to section 602(a).
TITLE VII--NATIVE AMERICAN HOUSING ASSISTANCE
SECTION 701. SHORT TITLE.
This title may be cited as the ``Native American Housing
Assistance and Self-Determination Act of 1996''.
SEC. 702. CONGRESSIONAL FINDINGS.
The Congress hereby finds that--
(1) the Federal Government has a responsibility to promote
the general welfare of the Nation--
(A) by using Federal resources to aid families and
individuals seeking affordable homes that are safe, clean,
and healthy and, in particular, assisting responsible,
deserving citizens who cannot provide fully for themselves
because of temporary circumstances or factors beyond their
control;
(B) by working to ensure a thriving national economy and a
strong private housing market; and
(C) by developing effective partnerships among the Federal
Government, State and local governments, and private entities
that allow government to accept responsibility for fostering
the development of a healthy marketplace and allow families
to prosper without government involvement in their day-to-day
activities;
(2) there exists a unique relationship between the
Government of the United States and the governments of Indian
tribes and a unique Federal responsibility to Indian people;
(3) the Constitution of the United States invests the
Congress with plenary power over the field of Indian affairs,
and through treaties, statutes, and historical relations with
Indian tribes, the United States has undertaken a trust
responsibility to protect Indian tribes;
(4) the Congress, through treaties, statutes, and the
general course of dealing with Indian tribes, has assumed the
responsibility for the protection and preservation of Indian
tribes and for working with tribes and their members to
improve their socio-economic status so that they are able to
take greater responsibility for their own economic condition;
(5) providing affordable and healthy homes is an essential
element in the special role of the United States in helping
tribes and their members to achieve a socio-economic status
comparable to their non-Indian neighbors;
(6) the need for affordable and healthy homes on Indian
reservations, in Indian communities, and in Native Alaskan
villages is acute and the Federal Government should work not
only to provide housing assistance, but also, to the extent
practicable, to assist in the development of private housing
finance mechanisms on Indian lands to achieve the goals of
economic self-sufficiency and self-determination for tribes
and their members; and
(7) Federal assistance to meet these responsibilities
should be provided in a manner that recognizes the right of
tribal self-governance by making such assistance available
directly to the tribes or tribally designated entities.
SEC. 703. ADMINISTRATION THROUGH OFFICE OF NATIVE AMERICAN
PROGRAMS.
The Secretary of Housing and Urban Development shall carry
out this title through the Office of Native American Programs
of the Department of Housing and Urban Development.
SEC. 704. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Affordable housing.--The term ``affordable housing''
means housing that complies with the requirements for
affordable housing under subtitle B. The term includes
permanent housing for homeless persons who are persons with
disabilities, transitional housing, and single room occupancy
housing.
(2) Families and persons.--
(A) Single persons.--The term ``families'' includes
families consisting of a single person in the case of (i) an
elderly person, (ii) a disabled person, (iii) a displaced
person, (iv) the remaining members of a tenant family, and
(v) any other single persons.
(B) Families.--The term ``families'' includes families with
children and, in the cases of elderly families, near-elderly
families, and disabled families, means families whose heads
(or their spouses), or whose sole members, are elderly, near-
elderly, or persons with disabilities, respectively. The term
includes, in the cases of elderly families, near-elderly
families, and disabled families, 2 or more elderly persons,
near-elderly persons, or persons with disabilities living
together, and 1 or more such persons living with 1 or more
persons determined under the regulations of the Secretary to
be essential to their care or well-being.
(C) Absence of children.--The temporary absence of a child
from the home due to placement in foster care shall not be
considered in determining family composition and family size
for purposes of this title.
(D) Elderly person.--The term ``elderly person'' means a
person who is at least 62 years of age.
(E) Person with disabilities.--The term ``person with
disabilities'' means a person who--
(i) has a disability as defined in section 223 of the
Social Security Act,
(ii) is determined, pursuant to regulations issued by the
Secretary, to have a physical, mental, or emotional
impairment which (I) is expected to be of long-continued and
indefinite duration, (II) substantially impedes his or her
ability to live independently, and (III) is of such a nature
that such ability could be improved by more suitable housing
conditions, or
(iii) has a developmental disability as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act.
Such term shall not exclude persons who have the disease of
acquired immunodeficiency syndrome or any conditions aris
[[Page 1079]]
ing from the etiologic agent for acquired immunodeficiency
syndrome.
(F) Displaced person.--The term ``displaced person'' means
a person displaced by governmental action, or a person whose
dwelling has been extensively damaged or destroyed as a
result of a disaster declared or otherwise formally
recognized pursuant to Federal disaster relief laws.
(G) Near-elderly person.--The term ``near-elderly person''
means a person who is at least 50 years of age but below the
age of 62.
(3) Grant beneficiary.--The term ``grant beneficiary''
means the Indian tribe or tribes on behalf of which a grant
is made under this title to a recipient.
(4) Indian.--The term ``Indian'' means any person who is a
member of an Indian tribe.
(5) Indian area.--The term ``Indian area'' means the area
within which a tribally designated housing entity is
authorized to provide assistance under this title for
affordable housing.
(6) Indian tribe.--The term ``Indian tribe'' means--
(A) any Indian tribe, band, nation, or other organized
group or community of Indians, including any Alaska Native
village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement
Act, which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians pursuant to the Indian Self-
Determination and Education Assistance Act of 1975; and
(B) any tribe, band, nation, pueblo, village, or community
that--
(i) has been recognized as an Indian tribe by any State;
and
(ii) for which an Indian housing authority is eligible, on
the date of the enactment of this title, to enter into a
contract with the Secretary pursuant to the United States
Housing Act of 1937.
(7) Local housing plan.--The term ``local housing plan''
means a plan under section 712.
(8) Low-income family.--The term ``low-income family''
means a family whose income does not exceed 80 percent of the
median income for the area, except that the Secretary may,
for purposes of this paragraph, establish income ceilings
higher or lower than 80 percent of the median for the area on
the basis of the authority's findings that such variations
are necessary because of unusually high or low family
incomes.
(9) Median income.--The term ``median income'' means, with
respect to an area that is an Indian area, the greater of--
(A) the median income for the Indian area, which the
Secretary shall determine; or
(B) the median income for the United States.
(10) Recipient.--The term ``recipient'' means the entity
for an Indian tribe that is authorized to receive grant
amounts under this title on behalf of the tribe, which may
only be the tribe or the tribally designated housing entity
for the tribe.
(11) Tribally designated housing entity.--The terms
``tribally designated housing entity'' and ``housing entity''
have the following meaning:
(A) Existing iha's.--For any Indian tribe that has not
taken action under subparagraph (B) and for which an Indian
housing authority--
(i) was established for purposes of the United States
Housing Act of 1937 before the date of the enactment of this
title that meets the requirements under the United States
Housing Act of 1937,
(ii) is acting upon such date of enactment as the Indian
housing authority for the tribe, and
(iii) is not an Indian tribe for purposes of this title,
the terms mean such Indian housing authority.
(B) Other entities.--For any Indian tribe that, pursuant to
this Act, authorizes an entity other than the tribal
government to receive grant amounts and provide assistance
under this title for affordable housing for Indians, which
entity is established--
(i) by exercise of the power of self-government of an
Indian tribe independent of State law, or
(ii) by operation of State law providing specifically for
housing authorities or housing entities for Indians,
including regional housing authorities in the State of
Alaska,
the terms mean such entity.
A tribally designated housing entity may be authorized or
established by one or more Indian tribes to act on behalf of
each such tribe authorizing or establishing the housing
entity. Nothing in this title may be construed to affect the
existence, or the ability to operate, of any Indian housing
authority established before the date of the enactment of
this title by a State-recognized tribe, band, nation, pueblo,
village, or community of Indian or Alaska Natives that is not
an Indian tribe for purposes of this title.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development, except as otherwise
specified in this title.
Subtitle A--Block Grants and Grant Requirements
SEC. 711. BLOCK GRANTS.
(a) Authority.--For each fiscal year, the Secretary shall
(to the extent amounts are made available to carry out this
title) make grants under this section on behalf of Indian
tribes to carry out affordable housing activities. Under such
a grant on behalf of an Indian tribe, the Secretary shall
provide the grant amounts for the tribe directly to the
recipient for the tribe.
(b) Condition of Grant.--
(1) In general.--The Secretary may make a grant under this
title on behalf of an Indian tribe for a fiscal year only
if--
(A) the Indian tribe has submitted to the Secretary a local
housing plan for such fiscal year under section 712; and
(B) the plan has been determined under section 713 to
comply with the requirements of section 712.
(2) Waiver.--The Secretary may waive the applicability of
the requirements under paragraph (1), in whole or in part, if
the Secretary finds that an Indian tribe has not complied or
can not complied with such requirements because of
circumstances beyond the control of the tribe.
(c) Amount.--Except as otherwise provided under subtitle B,
the amount of a grant under this section to a recipient for a
fiscal year shall be--
(1) in the case of a recipient whose grant beneficiary is a
single Indian tribe, the amount of the allocation under
section 741 for the Indian tribe; and
(2) in the case of a recipient whose grant beneficiary is
more than 1 Indian tribe, the sum of the amounts of the
allocations under section 741 for each such Indian tribe.
(d) Use for Affordable Housing Activities.--Except as
provided in subsection (f), amounts provided under a grant
under this section may be used only for affordable housing
activities under subtitle B.
(e) Effectuation of LHP.--Except as provided in subsection
(f), amounts provided under a grant under this section may be
used only for affordable housing activities that are
consistent with the approved local housing plan under section
713 for the grant beneficiary on whose behalf the grant is
made.
(f) Administrative Expenses.--
(1) In general.--The Secretary shall, by regulation,
authorize each recipient to use a percentage of any grant
amounts received under this title for any administrative and
planning expenses of the recipient relating to carrying out
this title and activities assisted with such amounts, which
may include costs for salaries of individuals engaged in
administering and managing affordable housing activities
assisted with grant amounts provided under this title and
expenses of preparing a local housing plan under section 712.
(2) Contents of regulations.--The regulations referred to
in paragraph (1) shall provide that--
(A) the Secretary shall, for each recipient, establish a
percentage referred to in paragraph (1) based on the specific
circumstances of the recipient and the tribes served by the
recipient; and
(B) the Secretary may review the percentage for a recipient
upon the written request of the recipient specifying the need
for such review or the initiative of the Secretary and,
pursuant to such review, may revise the percentage
established for the recipient.
(g) Public-Private Partnerships.--Each recipient shall make
all reasonable efforts, consistent with the purposes of this
title, to maximize participation by the private sector,
including nonprofit organizations and for-profit entities, in
implementing the approved local housing plan for the tribe
that is the grant beneficiary.
SEC. 712. LOCAL HOUSING PLANS.
(a) In General.--
(1) Submission.--The Secretary shall provide for an Indian
tribe to submit to the Secretary, for each fiscal year, a
local housing plan under this section for the tribe (or for
the tribally designated housing entity for a tribe to submit
the plan under subsection (e) for the tribe) and for the
review of such plans.
(2) Locally driven national objectives.--A local housing
plan shall describe--
(A) the mission of the tribe with respect to affordable
housing or, in the case of a recipient that is a tribally
designated housing entity, the mission of the housing entity;
(B) the goals, objectives, and policies of the recipient to
meet the housing needs of low-income families in the
jurisdiction of the housing entity, which shall be designed
to achieve the national objectives under section 721(a); and
(C) how the locally established mission and policies of the
recipient are designed to achieve, and are consistent with,
the national objectives under section 721(a).
(b) 5-Year Plan.--Each local housing plan under this
section for an Indian tribe shall contain, with respect to
the 5-year period beginning with the fiscal year for which
the plan is submitted, the following information:
(1) Locally driven national objectives.--The information
described in subsection (a)(2).
(2) Capital improvement overview.--If the recipient will
provide capital improvements for housing described in
subsection (c)(3) during such period, an overview of such
improvements, the rationale for such improvements, and an
analysis of how such improvements will enable the recipient
to meet its goals, objectives, and mission.
(c) 1-Year Plan.--A local housing plan under this section
for an Indian tribe shall contain the following information
relating to the upcoming fiscal year for which the assistance
under this title is to be made available:
(1) Financial resources.--An operating budget for the
recipient for the tribe that includes--
(A) identification and a description of the financial
resources reasonably available to
[[Page 1080]]
the recipient to carry out the purposes of this title,
including an explanation of how amounts made available will
leverage such additional resources; and
(B) the uses to which such resources will be committed,
including eligible and required affordable housing activities
under subtitle B to be assisted and administrative expenses.
(2) Affordable housing.--For the jurisdiction within which
the recipient is authorized to use assistance under this
title--
(A) a description of the estimated housing needs and the
need for assistance for very low-income and moderate-income
families;
(B) a description of the significant characteristics of the
housing market, indicating how such characteristics will
influence the use of amounts made available under this title
for rental assistance, production of new units,
rehabilitation of old units, or acquisition of existing
units;
(C) an description of the structure, means of cooperation,
and coordination between the recipient and any units of
general local government in the development, submission, and
implementation of their housing plans, including a
description of the involvement of any private industries,
nonprofit organizations, and public institutions;
(D) a description of how the plan will address the housing
needs identified pursuant to subparagraph (A), describing the
reasons for allocation priorities, and identify any obstacles
to addressing underserved needs;
(E) a description of any homeownership programs of the
recipient to be carried out with respect to affordable
housing assisted under this title and the requirements and
assistance available under such programs;
(F) a certification that the recipient will maintain
written records of the standards and procedures under which
the recipient will monitor activities assisted under this
title and ensure long-term compliance with the provisions of
this title;
(G) a certification that the recipient will comply with
title II of the Civil Rights Act of 1968 in carrying out this
title, to the extent that such title is applicable;
(H) a statement of the number of families for whom the
recipient will provide affordable housing using grant amounts
provided under this title;
(I) a statement of how the goals, programs, and policies
for producing and preserving affordable housing will be
coordinated with other programs and services for which the
recipient is responsible and the extent to which they will
reduce (or assist in reducing) the number of households with
incomes below the poverty line; and
(J) a certification that the recipient has obtain insurance
coverage for any housing units that are owned or operated by
the tribe or the tribally designated housing entity for the
tribe and assisted with amounts provided under this Act, in
compliance with such requirements as the Secretary may
establish.
(3) Indian housing developed under united states housing
act of 1937.--A plan describing how the recipient for the
tribe will comply with the requirements under section 723
relating to low-income housing owned or operated by the
housing entity that was developed pursuant to a contract
between the Secretary and an Indian housing authority
pursuant to the United States Housing Act of 1937, which
shall include--
(A) a certification that the recipient will maintain a
written record of the policies of the recipient governing
eligibility, admissions, and occupancy of families with
respect to dwelling units in such housing;
(B) a certification that the recipient will maintain a
written record of policies of the recipient governing rents
charged for dwelling units in such housing, including--
(i) the methods by which such rents are determined; and
(ii) an analysis of how such methods affect--
(I) the ability of the recipient to provide affordable
housing for low-income families having a broad range of
incomes;
(II) the affordability of housing for families having
incomes that do not exceed 30 percent of the median family
income for the area; and
(III) the availability of other financial resources to the
recipient for use for such housing;
(C) a certification that the recipient will maintain a
written record of the standards and policies of the recipient
governing maintenance and management of such housing, and
management of the recipient with respect to administration of
such housing, including--
(i) housing quality standards;
(ii) routine and preventative maintenance policies;
(iii) emergency and disaster plans;
(iv) rent collection and security policies;
(v) priorities and improvements for management of the
housing; and
(vi) priorities and improvements for management of the
recipient, including improvement of electronic information
systems to facilitate managerial capacity and efficiency;
(D) a plan describing--
(i) the capital improvements necessary to ensure long-term
physical and social viability of such housing; and
(ii) the priorities of the recipient for capital
improvements of such housing based on analysis of available
financial resources, consultation with residents, and health
and safety considerations;
(E) a description of any such housing to be demolished or
disposed of, a timetable for such demolition or disposition,
and any information required under law with respect to such
demolition or disposition;
(F) a description of how the recipient will coordinate with
tribal and State welfare agencies to ensure that residents of
such housing will be provided with access to resources to
assist in obtaining employment and achieving self-
sufficiency; and
(G) a description of the requirements established by the
recipient that promote the safety of residents of such
housing, facilitate the housing entity undertaking crime
prevention measures (such as community policing, where
appropriate), allow resident input and involvement, and allow
for creative methods to increase resident safety by
coordinating crime prevention efforts between the recipient
and tribal or local law enforcement officials.
(4) Indian housing loan guarantees and other housing
assistance.--A description of how loan guarantees under
section 184 of the Housing and Community Development Act of
1992, and other housing assistance provided by the Federal
Government for Indian tribes (including grants, loans, and
mortgage insurance) will be used to help in meeting the needs
for affordable housing in the jurisdiction of the recipient.
(5) Distribution of assistance.--A certification that the
recipient for the tribe will maintain a written record of--
(A) the geographical distribution (within the jurisdiction
of the recipient) of the use of grant amounts and how such
geographical distribution is consistent with the geographical
distribution of housing need (within such jurisdiction); and
(B) the distribution of the use of such assistance for
various categories of housing and how use for such various
categories is consistent with the priorities of housing need
(within the jurisdiction of the recipient).
(d) Participation of Tribally Designated Housing Entity.--A
plan under this section for an Indian tribe may be prepared
and submitted on behalf of the tribe by the tribally
designated housing entity for the tribe, but only if such
plan contains a certification by the recognized tribal
government of the grant beneficiary that such tribe has had
an opportunity to review the plan and has authorized the
submission of the plan by the housing entity.
(e) Coordination of Plans.--A plan under this section may
cover more than 1 Indian tribe, but only if the certification
requirements under subsection (d) are complied with by each
such grant beneficiary covered.
(f) Plans for Small Tribes.--
(1) Separate requirements.--The Secretary shall establish
requirements for submission of plans under this section and
the information to be included in such plans applicable to
small Indian tribes and small tribally designated housing
entities. Such requirements shall waive any requirements
under this section that the Secretary determines are
burdensome or unnecessary for such tribes and housing
entities.
(2) Small tribes.--The Secretary shall define small Indian
tribes and small tribally designated housing entities based
on the number of dwelling units assisted under this subtitle
by the tribe or housing entity or owned or operated pursuant
to a contract under the United States Housing Act of 1937
between the Secretary and the Indian housing authority for
the tribe.
(g) Regulations.--The requirements relating to the contents
of plans under this section shall be established by
regulation, pursuant to section 716.
SEC. 713. REVIEW OF PLANS.
(a) Review and Notice.--
(1) Review.--The Secretary shall conduct a limited review
of each local housing plan submitted to the Secretary to
ensure that the plan complies with the requirements of
section 712. The Secretary shall have the discretion to
review a plan only to the extent that the Secretary considers
review is necessary.
(2) Notice.--The Secretary shall notify each Indian tribe
for which a plan is submitted and any tribally designated
housing entity for the tribe whether the plan complies with
such requirements not later than 45 days after receiving the
plan. If the Secretary does not notify the Indian tribe, as
required under this subsection and subsection (b), the plan
shall be considered, for purposes of this title, to have been
determined to comply with the requirements under section 712
and the tribe shall be considered to have been notified of
compliance upon the expiration of such 45-day period.
(b) Notice of Reasons for Determination of Noncompliance.--
If the Secretary determines that a plan, as submitted, does
not comply with the requirements under section 712, the
Secretary shall specify in the notice under subsection (a)
the reasons for the noncompliance and any modifications
necessary for the plan to meet the requirements under section
712.
(c) Standards for Determination of Noncompliance.--The
Secretary may determine that a plan does not comply with the
requirements under section 712 only if--
(1) the plan is not consistent with the national objectives
under section 721(a);
(2) the plan is incomplete in significant matters required
under such section;
(3) there is evidence available to the Secretary that
challenges, in a substantial manner, any information provided
in the plan;
(4) the Secretary determines that the plan violates the
purposes of this title because it fails to provide affordable
housing that will be viable on a long-term basis at a
reasonable cost; or
(5) the plan fails to adequately identify the capital
improvement needs for low-income
[[Page 1081]]
housing owned or operated by the Indian tribe that was
developed pursuant to a contract between the Secretary and an
Indian housing authority pursuant to the United States
Housing Act of 1937.
(d) Treatment of Existing Plans.--Notwithstanding any other
provision of this title, a plan shall be considered to have
been submitted for an Indian tribe if the appropriate Indian
housing authority has submitted to the Secretary a
comprehensive plan under section 14(e) of the United States
Housing Act of 1937 (as in effect immediately before the
enactment of this title) or under the comprehensive
improvement assistance program under such section 14, and the
Secretary has approved such plan, before January 1, 1997. The
Secretary shall provide specific procedures and requirements
for such tribes to amend such plans by submitting only such
additional information as is necessary to comply with the
requirements of section 712.
(e) Updates to Plan.--After a plan under section 712 has
been submitted for an Indian tribe for any fiscal year, the
tribe may comply with the provisions of such section for any
succeeding fiscal year (with respect to information included
for the 5-year period under section 712(b) or the 1-year
period under section 712(c)) by submitting only such
information regarding such changes as may be necessary to
update the plan previously submitted.
SEC. 714. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
(a) Program Income.--
(1) Authority to retain.--Notwithstanding any other
provision of law, a recipient may retain any program income
that is realized from any grant amounts under this title if--
(A) such income was realized after the initial disbursement
of the grant amounts received by the recipient; and
(B) the recipient has agreed that it will utilize the
program income for affordable housing activities in
accordance with the provisions of this title.
(2) Prohibition of reduction of grant.--The Secretary may
not reduce the grant amount for any Indian tribe based solely
on (1) whether the recipient for the tribe retains program
income under paragraph (1), or (2) the amount of any such
program income retained.
(3) Exclusion of amounts.--The Secretary may, by
regulation, exclude from consideration as program income any
amounts determined to be so small that compliance with the
requirements of this subsection would create an unreasonable
administrative burden on the recipient.
(b)(1) In General.--Any contract for the construction of
affordable housing with 12 or more units assisted with grant
amounts made available under this Act shall contain a
provision requiring that not less than the wages prevailing
in the locality, as predetermined by the Secretary of Labor
pursuant to the Davis-Bacon Act (40 U.S.C. 276a--276a-5),
shall be paid to all laborers and mechanics employed in the
development of affordable housing involved, and recipients
shall require certification as to the compliance with the
provisions of this section prior to making any payment under
such contract.
(2) Exceptions.--Subsection (a) shall not apply if the
individual receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services
for which the individual volunteered and such persons are not
otherwise employed at any time in the construction work.
(3) Waiver.--The Secretary may waive the provisions of this
subsection.
SEC. 715. ENVIRONMENTAL REVIEW.
(a) In General.--In order to ensure that the policies of
the National Environmental Policy Act of 1969 and other
provisions of law which further the purposes of such Act (as
specified in regulations issued by the Secretary) are most
effectively implemented in connection with the expenditure of
grant amounts provided under this title, and to ensure to the
public undiminished protection of the environment, the
Secretary, in lieu of the environmental protection procedures
otherwise applicable, may under regulations provide for the
release of amounts for particular projects to recipients of
assistance under this title who assume all of the
responsibilities for environmental review, decisionmaking,
and action pursuant to such Act, and such other provisions of
law as the regulations of the Secretary specify, that would
apply to the Secretary were the Secretary to undertake such
projects as Federal projects. The Secretary shall issue
regulations to carry out this section only after consultation
with the Council on Environmental Quality. The regulations
shall provide--
(1) for the monitoring of the environmental reviews
performed under this section;
(2) in the discretion of the Secretary, to facilitate
training for the performance of such reviews; and
(3) for the suspension or termination of the assumption of
responsibilities under this section.
The Secretary's duty under the preceding sentence shall not
be construed to limit or reduce any responsibility assumed by
a recipient of grant amounts with respect to any particular
release of funds.
(b) Procedure.--The Secretary shall approve the release of
funds subject to the procedures authorized by this section
only if, at least 15 days prior to such approval and prior to
any commitment of funds to such projects the recipient of
grant amounts has submitted to the Secretary a request for
such release accompanied by a certification which meets the
requirements of subsection (c). The Secretary's approval of
any such certification shall be deemed to satisfy the
Secretary's responsibilities under the National Environmental
Policy Act of 1969 and such other provisions of law as the
regulations of the Secretary specify insofar as those
responsibilities relate to the releases of funds for projects
to be carried out pursuant thereto which are covered by such
certification.
(c) Certification.--A certification under the procedures
authorized by this section shall--
(1) be in a form acceptable to the Secretary,
(2) be executed by the chief executive officer or other
officer of the recipient of assistance under this title
qualified under regulations of the Secretary,
(3) specify that the recipient has fully carried out its
responsibilities as described under subsection (a), and
(4) specify that the certifying officer (A) consents to
assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and each provision
of law specified in regulations issued by the Secretary
insofar as the provisions of such Act or such other
provisions of law apply pursuant to subsection (a), and (B)
is authorized and consents on behalf of the recipient of
assistance and such officer to accept the jurisdiction of the
Federal courts for the purpose of enforcement of the
certifying officer's responsibilities as such an official.
SEC. 716. REGULATIONS.
(a) Interim Requirements.--Not later than 90 days after the
date of the enactment of this title, the Secretary shall, by
notice issued in the Federal Register, establish any
requirements necessary to carry out this title in the manner
provided in section 717(b), which shall be effective only for
fiscal year 1997. The notice shall invite public comments
regarding such interim requirements and final regulations to
carry out this title and shall include general notice of
proposed rulemaking (for purposes of section 564(a) of title
5, United States Code) of the final regulations under
paragraph (2).
(b) Final Regulations.--
(1) Timing.--The Secretary shall issue final regulations
necessary to carry out this title not later than September 1,
1997, and such regulations shall take effect not later than
the effective date under section 717(a).
(2) Negotiated rulemaking.--Notwithstanding sections 563(a)
and 565(a) of title 5, United States Code, the final
regulations required under paragraph (1) shall be issued
according to a negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5, United States Code.
The Secretary shall establish a negotiated rulemaking
committee for development of any such proposed regulations,
which shall include representatives of Indian tribes.
SEC. 717. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b) and
as otherwise specifically provided in this title, this title
shall take effect on October 1, 1997.
(b) Interim Applicability.--For fiscal year 1997, this
title shall apply to any Indian tribe that requests the
Secretary to apply this title to such tribe, subject to the
provisions of this subsection, but only if the Secretary
determines that the tribe has the capacity to carry out the
responsibilities under this title during such fiscal year.
For fiscal year 1997, this title shall apply to any such
tribe subject to the following limitations:
(1) Use of assistance amounts as block grant.--Amounts
shall not be made available pursuant to this title for grants
under this title for such fiscal year, but any amounts made
available for the tribe under the United States Housing Act
of 1937, title II or subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, title IV of the
Stewart B. McKinney Homeless Assistance Act, or section 2 of
the HUD Demonstration Act of 1993 shall be considered grant
amounts under this title and shall be used subject to the
provisions of this title relating to such grant amounts.
(2) Local housing plan.--Notwithstanding section 713 of
this title, a local housing plan shall be considered to have
been submitted for the tribe for fiscal year 1997 for
purposes of this title only if--
(A) the appropriate Indian housing authority has submitted
to the Secretary a comprehensive plan under section 14(e) of
the United States Housing Act of 1937 or under the
comprehensive improvement assistance program under such
section 14;
(B) the Secretary has approved such plan before January 1,
1996; and
(C) the tribe complies with specific procedures and
requirements for amending such plan as the Secretary may
establish to carry out this subsection.
(c) Assistance Under Existing Program During Fiscal Year
1997.--Notwithstanding the repeal of any provision of law
under section 501(a) and with respect only to Indian tribes
not provided assistance pursuant to subsection (b), during
fiscal year 1997--
(1) the Secretary shall carry out programs to provide low-
income housing assistance on Indian reservations and other
Indian areas in accordance with the provisions of title II of
the United States Housing Act of 1937 and related provisions
of law, as in effect immediately before the enactment of this
Act;
(2) except to the extent otherwise provided in the
provisions of such title II (as so in effect), the provisions
of title I of such Act (as so in effect) and such related
provisions of
[[Page 1082]]
law shall apply to low-income housing developed or operated
pursuant to a contract between the Secretary and an Indian
housing authority; and
(3) none of the provisions of title I, II, III, or IV, or
of any other law specifically modifying the public housing
program that is enacted after the date of the enactment of
this Act, shall apply to public housing operated pursuant to
a contract between the Secretary and an Indian housing
authority, unless the provision explicitly provides for such
applicability.
SEC. 718. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under
subtitle A $650,000,000, for each of fiscal years 1998, 1999,
2000, and 2001.
Subtitle B--Affordable Housing Activities
SEC. 721. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
(a) Primary Objective.--The national objectives of this
title are--
(1) to assist and promote affordable housing activities to
develop, maintain, and operate safe, clean, and healthy
affordable housing on Indian reservations and in other Indian
areas for occupancy by low-income Indian families;
(2) to ensure better access to private mortgage markets for
Indian tribes and their members and to promote self-
sufficiency of Indian tribes and their members;
(3) to coordinate activities to provide housing for Indian
tribes and their members with Federal, State, and local
activities to further economic and community development for
Indian tribes and their members;
(4) to plan for and integrate infrastructure resources for
Indian tribes with housing development for tribes; and
(5) to promote the development of private capital markets
in Indian country and to allow such markets to operate and
grow, thereby benefiting Indian communities.
(b) Eligible Families.--
(1) In General.--Except as provided under paragraph (2),
assistance under eligible housing activities under this title
shall be limited to low-income Indian families on Indian
reservations and other Indian areas.
(2) Exception to Low-Income Requirement.--A recipient may
provide assistance for model activities under section 722(6)
to families who are not low-income families, if the Secretary
approves the activities pursuant to such subsection because
there is a need for housing for such families that cannot
reasonably be met without such assistance. The Secretary
shall establish limits on the amount of assistance that may
be provided under this title for activities for families who
are not low-income families.
(3) Non-indian families.--A recipient may provide housing
or housing assistance provided through affordable housing
activities assisted with grant amounts under this title for a
non-Indian family on an Indian reservation or other Indian
area if the recipient determines that the presence of the
family on the Indian reservation or other Indian area is
essential to the well-being of Indian families and the need
for housing for the family cannot reasonably be met without
such assistance.
(4) Preference for indian families.--The local housing plan
for an Indian tribe may require preference, for housing or
housing assistance provided through affordable housing
activities assisted with grant amounts provided under this
title on behalf of such tribe, to be given (to the extent
practicable) to Indian families who are members of such
tribe, or to other Indian families. In any case in which the
applicable local housing plan for an Indian tribe provides
for preference under this subsection, the recipient for the
tribe shall ensure that housing activities that are assisted
with grant amounts under this title for such tribe are
subject to such preference.
(5) Exemption.--Title VI of the Civil Rights Act of 1964
and title VIII of the Civil Rights Act of 1968 shall not
apply to actions by Indian tribes under this subsection.
SEC. 722. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Affordable housing activities under this subtitle are
activities, in accordance with the requirements of this
subtitle, to develop or to support affordable housing for
rental or homeownership, or to provide housing services with
respect to affordable housing, through the following
activities:
(1) Indian housing assistance.--The provision of
modernization or operating assistance for housing previously
developed or operated pursuant to a contract between the
Secretary and an Indian housing authority.
(2) Development.--The acquisition, new construction,
reconstruction, or moderate or substantial rehabilitation of
affordable housing, which may include real property
acquisition, site improvement, development of utilities and
utility services, conversion, demolition, financing,
administration and planning, and other related activities.
(3) Housing services.--The provision of housing-related
services for affordable housing, such as housing counseling
in connection with rental or homeownership assistance, energy
auditing, and other services related to assisting owners,
tenants, contractors, and other entities, participating or
seeking to participate in other housing activities assisted
pursuant to this section.
(4) Housing management services.--The provision of
management services for affordable housing, including
preparation of work specifications, loan processing,
inspections, tenant selection, management of tenant-based
rental assistance, and management of affordable housing
projects.
(5) Crime prevention and safety activities.--The provision
of safety, security, and law enforcement measures and
activities appropriate to protect residents of affordable
housing from crime.
(6) Model activities.--Housing activities under model
programs that are designed to carry out the purposes of this
title and are specifically approved by the Secretary as
appropriate for such purpose.
SEC. 723. REQUIRED AFFORDABLE HOUSING ACTIVITIES.
(a) Maintenance of Operating Assistance for Indian
Housing.--Any recipient who owns or operates (or is
responsible for funding any entity that owns or operates)
housing developed or operated pursuant to a contract between
the Secretary and an Indian housing authority pursuant to the
United States Housing Act of 1937 shall, using amounts of any
grants received under this title, reserve and use for
operating assistance under section 722(1) such amounts as may
be necessary to provide for the continued maintenance and
efficient operation of such housing.
(b) Demolition and Disposition.--This title may not be
construed to prevent any recipient (or entity funded by a
recipient) from demolishing or disposing of Indian housing
referred to in such subsection. Notwithstanding section 116,
section 261 shall apply to the demolition or disposition of
Indian housing referred to in subsection (a).
SEC. 724. TYPES OF INVESTMENTS.
(a) In General.--Subject to section 723 and the local
housing plan for an Indian tribe, the recipient for such
tribe shall have--
(1) the discretion to use grant amounts for affordable
housing activities through equity investments, interest-
bearing loans or advances, noninterest-bearing loans or
advances, interest subsidies, leveraging of private
investments under subsection (b), or any other form of
assistance that the Secretary has determined to be consistent
with the purposes of this title; and
(2) the right to establish the terms of assistance.
(b) Leveraging Private Investment.--A recipient may
leverage private investments in affordable housing activities
by pledging existing or future grant amounts to assure the
repayment of notes and other obligations of the recipient
issued for purposes of carrying out affordable housing
activities.
SEC. 725. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Housing shall qualify as affordable housing for purposes of
this title only if--
(1) each dwelling unit in the housing--
(A) in the case of rental housing, is made available for
occupancy only by a family that is a low-income family at the
time of their initial occupancy of such unit; and
(B) in the case of housing for homeownership, is made
available for purchase only by a family that is a low-income
family at the time of purchase; and
(2) except for housing assisted under section 202 of the
United States Housing Act of 1937 (as in effect before the
enactment of this Act), each dwelling unit in the housing
will remain affordable, according to binding commitments
satisfactory to the Secretary, for the remaining useful life
of the property (as determined by the Secretary) without
regard to the term of the mortgage or to transfer of
ownership, or for such other period that the Secretary
determines is the longest feasible period of time consistent
with sound economics and the purposes of this title, except
upon a foreclosure by a lender (or upon other transfer in
lieu of foreclosure) if such action (A) recognizes any
contractual or legal rights of public agencies, nonprofit
sponsors, or others to take actions that would avoid
termination of low-income affordability in the case of
foreclosure or transfer in lieu of foreclosure, and (B) is
not for the purpose of avoiding low-income affordability
restrictions, as determined by the Secretary.
SEC. 726. CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING
REQUIREMENTS.
With respect to housing assisted with grant amounts
provided under this title, the requirements of section 102(d)
of the Department of Housing and Urban Development Reform Act
of 1989 shall be considered to be satisfied upon
certification by the recipient of the assistance to the
Secretary that the combination of Federal assistance provided
to any housing project is not any more than is necessary to
provide affordable housing.
SEC. 727. LEASE REQUIREMENTS AND TENANT SELECTION.
(a) Leases.--Except to the extent otherwise provided by or
inconsistent with tribal law, in renting dwelling units in
affordable housing assisted with grant amounts provided under
this title, the owner or manager of the housing shall utilize
leases that--
(1) do not contain unreasonable terms and conditions;
(2) require the owner or manager to maintain the housing in
compliance with applicable housing codes and quality
standards;
(3) require the owner or manager to give adequate written
notice of termination of the lease, which shall not be less
than--
(A) the period provided under the applicable law of the
jurisdiction or 14 days, whichever is less, in the case of
nonpayment of rent;
(B) a reasonable period of time, but not to exceed 14 days,
when the health or safety of other residents or employees of
the owner or manager is threatened; and
(C) the period of time provided under the applicable law of
the jurisdiction, in any other case;
(4) require that the owner or manager may not terminate the
tenancy except for violation of the terms or conditions of
the lease, violation of applicable Federal, tribal, State, or
local law, or for other good cause; and
[[Page 1083]]
(5) provide that the owner or manager may terminate the
tenancy of a resident for any activity, engaged in by the
resident, any member of the resident's household, or any
guest or other person under the resident's control, that--
(A) threatens the health or safety of, or right to peaceful
enjoyment of the premises by, other residents or employees of
the owner or manager of the housing;
(B) threatens the health or safety of, or right to peaceful
enjoyment of their premises by, persons residing in the
immediate vicinity of the premises; or
(C) is criminal activity (including drug-related criminal
activity).
(b) Tenant Selection.--The owner or manager of affordable
rental housing assisted under with grant amounts provided
under this title shall adopt and utilize written tenant
selection policies and criteria that--
(1) are consistent with the purpose of providing housing
for low-income families;
(2) are reasonably related to program eligibility and the
applicant's ability to perform the obligations of the lease;
and
(3) provide for (A) the selection of tenants from a written
waiting list in accordance with the policies and goals set
forth in the local housing plan for the tribe that is the
grant beneficiary of such grant amounts, and (B) the prompt
notification in writing of any rejected applicant of the
grounds for any rejection.
SEC. 728. REPAYMENT.
If a recipient uses grant amounts to provide affordable
housing under activities under this subtitle and, at any time
during the useful life of the housing the housing does not
comply with the requirement under section 725(a)(2), the
Secretary shall reduce future grant payments on behalf of the
grant beneficiary by an amount equal to the grant amounts
used for such housing (under the authority under section
751(a)(2)) or require repayment to the Secretary of an amount
equal to such grant amounts.
SEC. 729. CONTINUED USE OF AMOUNTS FOR AFFORDABLE HOUSING.
Any funds for programs for low-income housing under the
United States Housing Act of 1937 that, on the date of the
applicability of this title to an Indian tribe, are owned by,
or in the possession or under the control of, the Indian
housing authority for the tribe, including all reserves not
otherwise obligated, shall be considered assistance under
this title and subject to the provisions of this title
relating to use of such assistance.
Subtitle C--Allocation of Grant Amounts
SEC. 741. ANNUAL ALLOCATION.
For each fiscal year, the Secretary shall allocate any
amounts made available for assistance under this title for
the fiscal year, in accordance with the formula established
pursuant to section 742, among Indian tribes that comply with
the requirements under this title for a grant under this
title.
SEC. 742. ALLOCATION FORMULA.
The Secretary shall, by regulations issued in the manner
provided under section 716, establish a formula to provide
for allocating amounts available for a fiscal year for block
grants under this title among Indian tribes. The formula
shall be based on factors that reflect the need of the Indian
tribes and the Indian areas of the tribes for assistance for
affordable housing activities, including the following
factors:
(1) The number of low-income housing dwelling units owned
or operated at the time pursuant to a contract between an
Indian housing authority for the tribe and the Secretary.
(2) The extent of poverty and economic distress within
Indian areas of the tribe.
(3) Other objectively measurable conditions as the
Secretary may specify.
The regulations establishing the formula shall be issued
not later than the expiration of the 12-month period
beginning on the date of the enactment of this title.
Subtitle D--Compliance, Audits, and Reports
SEC. 751. REMEDIES FOR NONCOMPLIANCE.
(a) Actions by Secretary Affecting Grant Amounts.--Except
as provided in subsection (b), if the Secretary finds after
reasonable notice and opportunity for hearing that a
recipient of assistance under this title has failed to comply
substantially with any provision of this title, the Secretary
shall--
(1) terminate payments under this title to the recipient;
(2) reduce payments under this title to the recipient by an
amount equal to the amount of such payments which were not
expended in accordance with this title;
(3) limit the availability of payments under this title to
programs, projects, or activities not affected by such
failure to comply; or
(4) in the case of noncompliance described in section
752(b), provide a replacement tribally designated housing
entity for the recipient, under section 752.
If the Secretary takes an action under paragraph (1), (2), or
(3), the Secretary shall continue such action until the
Secretary determines that the failure to comply has ceased.
(b) Noncompliance Because of Technical Incapacity.--If the
Secretary makes a finding under subsection (a), but
determines that the failure to comply substantially with the
provisions of this title--
(1) is not a pattern or practice of activities constituting
willful noncompliance, and
(2) is a result of the limited capability or capacity of
the recipient,
the Secretary may provide technical assistance for the
recipient (directly or indirectly) that is designed to
increase the capability and capacity of the recipient to
administer assistance provided under this title in compliance
with the requirements under this title.
(c) Referral for Civil Action.--
(1) Authority.--In lieu of, or in addition to, any action
authorized by subsection (a), the Secretary may, if the
Secretary has reason to believe that a recipient has failed
to comply substantially with any provision of this title,
refer the matter to the Attorney General of the United States
with a recommendation that an appropriate civil action be
instituted.
(2) Civil action.--Upon such a referral, the Attorney
General may bring a civil action in any United States
district court having venue thereof for such relief as may be
appropriate, including an action to recover the amount of the
assistance furnished under this title which was not expended
in accordance with it, or for mandatory or injunctive relief.
(d) Review.--
(1) In general.--Any recipient who receives notice under
subsection (a) of the termination, reduction, or limitation
of payments under this title may, within 60 days after
receiving such notice, file with the United States Court of
Appeals for the circuit in which such State is located, or in
the United States Court of Appeals for the District of
Columbia, a petition for review of the Secretary's action.
The petitioner shall forthwith transmit copies of the
petition to the Secretary and the Attorney General of the
United States, who shall represent the Secretary in the
litigation.
(2) Procedure.--The Secretary shall file in the court
record of the proceeding on which the Secretary based the
action, as provided in section 2112 of title 28, United
States Code. No objection to the action of the Secretary
shall be considered by the court unless such objection has
been urged before the Secretary.
(3) Disposition.--The court shall have jurisdiction to
affirm or modify the action of the Secretary or to set it
aside in whole or in part. The findings of fact by the
Secretary, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The court may
order additional evidence to be taken by the Secretary, and
to be made part of the record. The Secretary may modify the
Secretary's findings of fact, or make new findings, by reason
of the new evidence so taken and filed with the court, and
the Secretary shall also file such modified or new findings,
which findings with respect to questions of fact shall be
conclusive if supported by substantial evidence on the record
considered as a whole, and shall also file the Secretary's
recommendation, if any, for the modification or setting aside
of the Secretary's original action.
(4) Finality.--Upon the filing of the record with the
court, the jurisdiction of the court shall be exclusive and
its judgment shall be final, except that such judgment shall
be subject to review by the Supreme Court of the United
States upon writ of certiorari or certification as provided
in section 1254 of title 28, United State Code.
SEC. 752. REPLACEMENT OF RECIPIENT.
(a) Authority.--As a condition of the Secretary making a
grant under this title on behalf of an Indian tribe, the
tribe shall agree that, notwithstanding any other provision
of law, the Secretary may, only in the circumstances set
forth in subsection (b), require that a replacement tribally
designated housing entity serve as the recipient for the
tribe, in accordance with subsection (c).
(b) Conditions of Removal.--The Secretary may require such
replacement tribally designated housing entity for a tribe
only upon a determination by the Secretary on the record
after opportunity for a hearing that the recipient for the
tribe has engaged in a pattern or practice of activities that
constitutes substantial or willful noncompliance with the
requirements under this title.
(c) Choice and Term of Replacement.--If the Secretary
requires that a replacement tribally designated housing
entity serve as the recipient for a tribe (or tribes)--
(1) the replacement entity shall be an entity mutually
agreed upon by the Secretary and the tribe (or tribes) for
which the recipient was authorized to act, except that if no
such entity is agreed upon before the expiration of the 60-
day period beginning upon the date that the Secretary makes
the determination under subsection (b), the Secretary shall
act as the replacement entity until agreement is reached upon
a replacement entity; and
(2) the replacement entity (or the Secretary, as provided
in paragraph (1)) shall act as the tribally designated
housing entity for the tribe (or tribes) for a period that
expires upon--
(A) a date certain, which shall be specified by the
Secretary upon making the determination under subsection (b);
or
(B) the occurrence of specific conditions, which conditions
shall be specified in written notice provided by the
Secretary to the tribe upon making the determination under
subsection (b).
SEC. 753. MONITORING OF COMPLIANCE.
(a) Enforceable Agreements.--Each recipient, through
binding contractual agreements with owners and otherwise,
shall ensure long-term compliance with the provisions of this
title. Such measures shall provide for (1) enforcement of the
provisions of this title by the grant beneficiary or by
recipients and other intended beneficiaries, and (2) remedies
for the breach of such provisions.
[[Page 1084]]
(b) Periodic Monitoring.--Not less frequently than
annually, each recipient shall review the activities
conducted and housing assisted under this title to assess
compliance with the requirements of this title. Such review
shall include on-site inspection of housing to determine
compliance with applicable requirements. The results of each
review shall be included in the performance report of the
recipient submitted to the Secretary under section 754 and
made available to the public.
SEC. 754. PERFORMANCE REPORTS.
(a) Requirement.--For each fiscal year, each recipient
shall--
(1) review the progress it has made during such fiscal year
in carrying out the local housing plan (or plans) for the
Indian tribes for which it administers grant amounts; and
(2) submit a report to the Secretary (in a form acceptable
to the Secretary) describing the conclusions of the review.
(b) Content.--Each report under this section for a fiscal
year shall--
(1) describe the use of grant amounts provided to the
recipient for such fiscal year;
(2) assess the relationship of such use to the goals
identified in the local housing plan of the grant
beneficiary;
(3) indicate the recipient's programmatic accomplishments;
and
(4) describe how the recipient would change its programs as
a result of its experiences.
(c) Submission.--The Secretary shall establish dates for
submission of reports under this section, and review such
reports and make such recommendations as the Secretary
considers appropriate to carry out the purposes of this
title.
(d) Public Availability.--A recipient preparing a report
under this section shall make the report publicly available
to the citizens in the recipient's jurisdiction in sufficient
time to permit such citizens to comment on such report prior
to its submission to the Secretary, and in such manner and at
such times as the recipient may determine. The report shall
include a summary of any comments received by the grant
beneficiary or recipient from citizens in its jurisdiction
regarding its program.
SEC. 755. REVIEW AND AUDIT BY SECRETARY.
(a) Annual Review.--The Secretary shall, at least on an
annual basis, make such reviews and audits as may be
necessary or appropriate to determine--
(1) whether the recipient has carried out its eligible
activities in a timely manner, has carried out its eligible
activities and certifications in accordance with the
requirements and the primary objectives of this title and
with other applicable laws, and has a continuing capacity to
carry out those activities in a timely manner;
(2) whether the recipient has complied with the local
housing plan of the grant beneficiary; and
(3) whether the performance reports under section 754 of
the recipient are accurate.
Reviews under this section shall include, insofar as
practicable, on-site visits by employees of the Department of
Housing and Urban Development.
(b) Report by Secretary.--The Secretary shall submit a
written report to the Congress regarding each review under
subsection (a). The Secretary shall give a recipient not less
than 30 days to review and comment on a report under this
subsection. After taking into consideration the comments of
the recipient, the Secretary may revise the report and shall
make the recipient's comments and the report, with any
revisions, readily available to the public not later than 30
days after receipt of the recipient's comments.
(c) Effect of Reviews.--The Secretary may make appropriate
adjustments in the amount of the annual grants under this
title in accordance with the Secretary's findings pursuant to
reviews and audits under this section. The Secretary may
adjust, reduce, or withdraw grant amounts, or take other
action as appropriate in accordance with the Secretary's
reviews and audits under this section, except that grant
amounts already expended on affordable housing activities may
not be recaptured or deducted from future assistance provided
on behalf of an Indian tribe.
SEC. 756. GAO AUDITS.
To the extent that the financial transactions of Indian
tribes and recipients of grant amounts under this title
relate to amounts provided under this title, such
transactions may be audited by the Comptroller General of the
United States under such rules and regulations as may be
prescribed by the Comptroller General. The representatives of
the General Accounting Office shall have access to all books,
accounts, records, reports, files, and other papers, things,
or property belonging to or in use by such tribes and
recipients pertaining to such financial transactions and
necessary to facilitate the audit.
SEC. 757. REPORTS TO CONGRESS.
(a) In General.--Not later than 90 days after the
conclusion of each fiscal year in which assistance under this
title is made available, the Secretary shall submit to the
Congress a report that contains--
(1) a description of the progress made in accomplishing the
objectives of this title; and
(2) a summary of the use of such funds during the preceding
fiscal year.
(b) Related Reports.--The Secretary may require recipients
of grant amounts under this title to submit to the Secretary
such reports and other information as may be necessary in
order for the Secretary to make the report required by
subsection (a).
Subtitle E--Termination of Assistance for Indian Tribes under
Incorporated Programs
SEC. 761. TERMINATION OF INDIAN PUBLIC HOUSING ASSISTANCE
UNDER UNITED STATES HOUSING ACT OF 1937.
(a) In General.--After September 30, 1997, financial
assistance may not be provided under the United States
Housing Act of 1937 or pursuant to any commitment entered
into under such Act, for Indian housing developed or operated
pursuant to a contract between the Secretary and an Indian
housing authority, unless such assistance is provided from
amounts made available for fiscal year 1997 and pursuant to a
commitment entered into before September 30, 1997.
(b) Termination of Restrictions on Use of Indian Housing.--
Except as provided in section 723(b) of this title, any
housing developed or operated pursuant to a contract between
the Secretary and an Indian housing authority pursuant to the
United States Housing Act of 1937 shall not be subject to any
provision of such Act or any annual contributions contract or
other agreement pursuant to such Act, but shall be considered
and maintained as affordable housing for purposes of this
title.
SEC. 762. TERMINATION OF NEW COMMITMENTS FOR RENTAL
ASSISTANCE.
After September 30, 1997, financial assistance for rental
housing assistance under the United States Housing Act of
1937 may not be provided to any Indian housing authority or
tribally designated housing entity, unless such assistance is
provided pursuant to a contract for such assistance entered
into by the Secretary and the Indian housing authority before
such date.
SEC. 763. TERMINATION OF YOUTHBUILD PROGRAM ASSISTANCE.
(a) In General.--Subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et
seq.) is amended--
(1) by redesignating section 460 as section 461; and
(2) by inserting after section 459 the following new
section:
``SEC. 460. INELIGIBILITY OF INDIAN TRIBES.
``Indian tribes, Indian housing authorities, and other
agencies primarily serving Indians or Indian areas shall not
be eligible applicants for amounts made available for
assistance under this subtitle for fiscal year 1997 and
fiscal years thereafter.''.
(b) Effective Date and Applicability.--The amendments under
subsection (a) shall be made on October 1, 1997, and shall
apply with respect to amounts made available for assistance
under subtitle D of title II of the Cranston-Gonzalez
National Affordable Housing Act for fiscal year 1998 and
fiscal years thereafter.
SEC. 764. TERMINATION OF HOME PROGRAM ASSISTANCE.
(a) In General.--Title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended--
(1) in section 217(a)--
(A) in paragraph (1), by striking ``reserving amounts under
paragraph (2) for Indian tribes and after''; and
(B) by striking paragraph (2); and
(2) in section 288--
(A) in subsection (a), by striking ``, Indian tribes,'';
(B) in subsection (b), by striking ``, Indian tribe,''; and
(C) in subsection (c)(4), by striking ``, Indian tribe,''.
(b) Effective Date and Applicability.--The amendments under
subsection (a) shall be made on October 1, 1997, and shall
apply with respect to amounts made available for assistance
under title II of the Cranston-Gonzalez National Affordable
Housing Act for fiscal year 1998 and fiscal years thereafter.
SEC. 765. TERMINATION OF HOUSING ASSISTANCE FOR THE HOMELESS.
(a) McKinney Act Programs.--Title IV of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is
amended--
(1) in section 411, by striking paragraph (10);
(2) in section 412, by striking ``, and for Indian
tribes,'';
(3) in section 413--
(A) in subsection (a)--
(i) by striking ``, and to Indian tribes,''; and
(ii) by striking ``, or for Indian tribes'' each place it
appears;
(B) in subsection (c), by striking ``or Indian tribe''; and
(C) in subsection (d)(3)--
(i) by striking ``, or Indian tribe'' each place it
appears; and
(ii) by striking ``, or other Indian tribes,'';
(4) in section 414(a)--
(A) by striking `or Indian tribe'' each place it appears;
and
(B) by striking ``, local government,'' each place it
appears and inserting ``or local government'';
(5) in section 415(c)(4), by striking ``Indian tribes,'';
(6) in section 416(b), by striking ``Indian tribe,'';
(7) in section 422--
(A) in by striking ``Indian tribe,''; and
(B) by striking paragraph (3);
(8) in section 441--
(A) by striking subsection (g);
(B) in subsection (h), by striking ``or Indian housing
authority''; and
(C) in subsection (j)(1), by striking ``, Indian housing
authority'';
(9) in section 462--
[[Page 1085]]
(A) in paragraph (2), by striking ``, Indian tribe,''; and
(B) by striking paragraph (4); and
(10) in section 491(e), by striking ``, Indian tribes (as
such term is defined in section 102(a) of the Housing and
Community Development Act of 1974),''.
(b) Innovative Homeless Demonstration.--Section 2(b) of the
HUD Demonstration Act of 1993 (42 U.S.C. 11301 note) is
amended--
(1) in paragraph (3), by striking `` `unit of general local
government', and `Indian tribe' '' and inserting ``and `unit
of general local government' ''; and
(2) in paragraph (4), by striking ``unit of general local
government (including units in rural areas), or Indian
tribe'' and inserting ``or unit of general local
government''.
(c) Effective Date and Applicability.--The amendments under
subsections (a) and (b) shall be made on October 1, 1997, and
shall apply with respect to amounts made available for
assistance under title IV of the Stewart B. McKinney Homeless
Assistance Act and section 2 of the HUD Demonstration Act of
1993, respectively, for fiscal year 1998 and fiscal years
thereafter.
SEC. 766. SAVINGS PROVISION.
Except as provided in sections 761 and 762, this title may
not be construed to affect the validity of any right, duty,
or obligation of the United States or other person arising
under or pursuant to any commitment or agreement lawfully
entered into before October 1, 1997, under the United States
Housing Act of 1937, subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, title II of the
Cranston-Gonzalez National Affordable Housing Act, title IV
of the Stewart B. McKinney Homeless Assistance Act, or
section 2 of the HUD Demonstration Act of 1993.
SEC. 767. EFFECTIVE DATE.
Sections 761, 762, and 766 shall take effect on the date of
the enactment of this title.
Subtitle F--Loan Guarantees for Affordable Housing Activities
SEC. 771. AUTHORITY AND REQUIREMENTS.
(a) Authority.--To such extent or in such amounts as
provided in appropriation Acts, the Secretary may, subject to
the limitations of this subtitle and upon such terms and
conditions as the Secretary may prescribe, guarantee and make
commitments to guarantee, the notes or other obligations
issued by Indian tribes or tribally designated housing
entities, for the purposes of financing affordable housing
activities described in section 722.
(b) Lack of Financing Elsewhere.--A guarantee under this
subtitle may be used to assist an Indian tribe or housing
entity in obtaining financing only if the Indian tribe or
housing entity has made efforts to obtain such financing
without the use of such guarantee and cannot complete such
financing consistent with the timely execution of the program
plans without such guarantee.
(c) Terms of Loans.--Notes or other obligations guaranteed
pursuant to this subtitle shall be in such form and
denominations, have such maturities, and be subject to such
conditions as may be prescribed by regulations issued by the
Secretary. The Secretary may not deny a guarantee under this
subtitle on the basis of the proposed repayment period for
the note or other obligation, unless the period is more than
20 years or the Secretary determines that the period causes
the guarantee to constitute an unacceptable financial risk.
(d) Limitation on Outstanding Guarantees.--No guarantee or
commitment to guarantee shall be made with respect to any
note or other obligation if the issuer's total outstanding
notes or obligations guaranteed under this subtitle
(excluding any amount defeased under the contract entered
into under section 772(a)(1)) would thereby exceed an amount
equal to 5 times the amount of the grant approval for the
issuer pursuant to title III.
(e) Prohibition of Purchase by FFB.--Notes or other
obligations guaranteed under this subtitle may not be
purchased by the Federal Financing Bank.
(f) Prohibition of Guarantee Fees.--No fee or charge may be
imposed by the Secretary or any other Federal agency on or
with respect to a guarantee made by the Secretary under this
subtitle.
SEC. 772. SECURITY AND REPAYMENT.
(a) Requirements on Issuer.--To assure the repayment of
notes or other obligations and charges incurred under this
subtitle and as a condition for receiving such guarantees,
the Secretary shall require the Indian tribe or housing
entity issuing such notes or obligations to--
(1) enter into a contract, in a form acceptable to the
Secretary, for repayment of notes or other obligations
guaranteed under this subtitle;
(2) pledge any grant for which the issuer may become
eligible under this title;
(3) demonstrate that the extent of such issuance and
guarantee under this title is within the financial capacity
of the tribe and is not likely to impairment the ability to
use of grant amounts under subtitle A, taking into
consideration the requirements under section 723(a); and
(4) furnish, at the discretion of the Secretary, such other
security as may be deemed appropriate by the Secretary in
making such guarantees, including increments in local tax
receipts generated by the activities assisted under this
title or dispositions proceeds from the sale of land or
rehabilitated property.
(b) Repayment From Grant Amounts.--Notwithstanding any
other provision of this title--
(1) the Secretary may apply grants pledged pursuant to
subsection (a)(2) to any repayments due the United States as
a result of such guarantees; and
(2) grants allocated under this title for an Indian tribe
or housing entity (including program income derived
therefrom) may be used to pay principal and interest due
(including such servicing, underwriting, and other costs as
may be specified in regulations issued by the Secretary) on
notes or other obligations guaranteed pursuant to this
subtitle.
(c) Full Faith and Credit.--The full faith and credit of
the United States is pledged to the payment of all guarantees
made under this subtitle. Any such guarantee made by the
Secretary shall be conclusive evidence of the eligibility of
the obligations for such guarantee with respect to principal
and interest, and the validity of any such guarantee so made
shall be incontestable in the hands of a holder of the
guaranteed obligations.
SEC. 773. PAYMENT OF INTEREST.
The Secretary may make, and contract to make, grants, in
such amounts as may be approved in appropriations Acts, to or
on behalf of an Indian tribe or housing entity issuing notes
or other obligations guaranteed under this subtitle, to cover
not to exceed 30 percent of the net interest cost (including
such servicing, underwriting, or other costs as may be
specified in regulations of the Secretary) to the borrowing
entity or agency of such obligations. The Secretary may also,
to the extent approved in appropriation Acts, assist the
issuer of a note or other obligation guaranteed under this
subtitle in the payment of all or a portion of the principal
and interest amount due under the note or other obligation,
if the Secretary determines that the issuer is unable to pay
the amount because of circumstances of extreme hardship
beyond the control of the issuer.
SEC. 774. TREASURY BORROWING.
The Secretary may issue obligations to the Secretary of the
Treasury in an amount outstanding at any one time sufficient
to enable the Secretary to carry out the obligations of the
Secretary under guarantees authorized by this subtitle. The
obligations issued under this section shall have such
maturities and bear such rate or rates of interest as shall
be determined by the Secretary of the Treasury. The Secretary
of the Treasury is authorized and directed to purchase any
obligations of the Secretary issued under this section, and
for such purposes may use as a public debt transaction the
proceeds from the sale of any securities issued under chapter
31 of title 31, United States Code, and the purposes for
which such securities may be issued under such chapter are
extended to include the purchases of the Secretary's
obligations hereunder.
SEC. 775. TRAINING AND INFORMATION.
The Secretary, in cooperation with eligible public
entities, shall carry out training and information activities
with respect to the guarantee program under this subtitle.
SEC. 776. LIMITATIONS ON AMOUNT OF GUARANTEES.
(a) Aggregate Fiscal Year Limitation.--Notwithstanding any
other provision of law and subject only to the absence of
qualified applicants or proposed activities and to the
authority provided in this subtitle, to the extent approved
or provided in appropriation Acts, the Secretary shall enter
into commitments to guarantee notes and obligations under
this subtitle with an aggregate principal amount of
$400,000,000 for each of fiscal years 1997, 1998, 1999, 2000,
and 2001.
(b) Authorization of Appropriations for Credit Subsidy.--
There is authorized to be appropriated to cover the costs (as
such term is defined in section 502 of the Congressional
Budget Act of 1974) of guarantees under this subtitle,
$40,000,000 for each of fiscal years 1997, 1998, 1999, 2000,
and 2001.
(c) Aggregate Outstanding Limitation.--The total amount of
outstanding obligations guaranteed on a cumulative basis by
the Secretary pursuant to this subtitle shall not at any time
exceed $2,000,000,000 or such higher amount as may be
authorized to be appropriated for this subtitle for any
fiscal year.
(d) Fiscal Year Limitations on Tribes.--The Secretary shall
monitor the use of guarantees under this subtitle by Indian
tribes. If the Secretary finds that 50 percent of the
aggregate guarantee authority under subsection (c) has been
committed, the Secretary may--
(1) impose limitations on the amount of guarantees any one
Indian tribe may receive in any fiscal year of $50,000,000;
or
(2) request the enactment of legislation increasing the
aggregate limitation on guarantees under this subtitle.
SEC. 777. EFFECTIVE DATE.
This subtitle shall take effect upon the enactment of this
title.
Subtitle G--Other Housing Assistance for Native Americans
SEC. 781. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) Definition of Eligible Borrowers to Include Indian
Tribes.--Section 184 of the Housing and Community Development
Act of 1992 (12 U.S.C. 1515z-13a) is amended--
(1) in subsection (a)--
(A) by striking ``and Indian housing authorities'' and
inserting ``, Indian housing authorities, and Indian
tribes,''; and
(B) by striking ``or Indian housing authority'' and
inserting ``, Indian housing authority, or Indian tribe'';
and
[[Page 1086]]
(2) in subsection (b)(1), by striking ``or Indian housing
authorities'' and inserting ``, Indian housing authorities,
or Indian tribes''.
(b) Need for Loan Guarantee.--Section 184(a) of the Housing
and Community Development Act of 1992 is amended by striking
``trust land'' and inserting ``lands or as a result of a lack
of access to private financial markets''.
(c) LHP Requirement.--Section 184(b)(2) of the Housing and
Community Development Act of 1992 is amended by inserting
before the period at the end the following: ``that is under
the jurisdiction of an Indian tribe for which a local housing
plan has been submitted and approved pursuant to sections 712
and 713 of the Native American Housing Assistance and Self-
Determination Act of 1996 that provides for the use of loan
guarantees under this section to provide affordable
homeownership housing in such areas''.
(d) Lender Option to Obtain Payment Upon Default Without
Foreclosure.--Section 184(h) of the Housing and Community
Development Act of 1992 is amended--
(1) in paragraph (1)(A)--
(A) in the first sentence of clause (i), by striking ``in a
court of competent jurisdiction''; and
(B) by striking clause (ii) and inserting the following new
clause:
``(ii) No foreclosure.--Without seeking foreclosure (or in
any case in which a foreclosure proceeding initiated under
clause (i) continues for a period in excess of 1 year), the
holder of the guarantee may submit to the Secretary a request
to assign the obligation and security interest to the
Secretary in return for payment of the claim under the
guarantee. The Secretary may accept assignment of the loan if
the Secretary determines that the assignment is in the best
interests of the United States. Upon assignment, the
Secretary shall pay to the holder of the guarantee the pro
rata portion of the amount guaranteed (as determined under
subsection (e)). The Secretary shall be subrogated to the
rights of the holder of the guarantee and the holder shall
assign the obligation and security to the Secretary.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(e) Limitation of Mortgagee Authority.--Section 184(h)(2)
of the Housing and Community Development Act of 1992, as so
redesignated by subsection (e)(3) of this section, is
amended--
(1) in the first sentence, by striking ``tribal allotted or
trust land,'' and inserting ``restricted Indian land, the
mortgagee or''; and
(2) in the second sentence, by striking ``Secretary'' each
place it appears, and inserting ``mortgagee or the
Secretary''.
(f) Limitation on Outstanding Aggregate Principal Amount.--
Section 184(i)(5)(C) of the Housing and Community Development
Act of 1992 is amended by striking ``1993'' and all that
follows through ``such year'' and inserting ``1997, 1998,
1999, 2000, and 2001 with an aggregate outstanding principal
amount note exceeding $400,000,000 for each such fiscal
year''.
(g) Authorization of Appropriations for Guarantee Fund.--
Section 184(i)(7) of the Housing and Community Development
Act of 1992 is amended by striking ``such sums'' and all that
follows through ``1994'' and inserting ``$30,000,000 for each
of fiscal years 1997, 1998, 1999, 2000, and 2001''.
(h) Definitions.--Section 184(k) of the Housing and
Community Development Act of 1992 is amended--
(1) in paragraph (4), by inserting after ``authority'' the
following: ``or Indian tribe'';
(2) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) is authorized to engage in or assist in the
development or operation of--
``(i) low-income housing for Indians; or
``(ii) housing subject to the provisions of this section;
and''; and
(B) by adding at the end the following:
``The term includes tribally designated housing entities
under the Native American Housing Assistance and Self-
Determination Act of 1996.''; and
(3) by striking paragraph (8) and inserting the following
new paragraph:
``(8) The term `tribe' or `Indian tribe' means any Indian
tribe, band, notation, or other organized group or community
of Indians, including any Alaska Native village or regional
or village corporation as defined in or established pursuant
to the Alaska Native Claims Settlement Act, which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians pursuant to the Indian Self-Determination
and Education Assistance Act of 1975.''.
(i) Principal Obligation Amounts.--Section 184(b)(5)(C) of
the Housing and Community Development Act of 1992 is amended
by striking clause (i) and inserting the following new
clause:
``(i) 97.75 percent of the appraised value of the property
as of the date the loan is accepted for guarantee (or 98.75
percent if the value of the property is $50,000 or less);
and''.
(j) Availability of Amounts.--
(1) Requirement of appropriations.--Section 184(i)(5) of
the Housing and Community Development Act of 1992 is amended
by striking subparagraph (A) and inserting the following new
subparagraph:
``(A) Requirement of appropriations.--The authority of the
Secretary to enter into commitments to guarantee loans under
this section shall be effective for any fiscal year to the
extent or in such amounts as are or have been provided in
appropriations Acts, without regard to the fiscal year for
which such amounts were appropriated.''.
(2) Costs.--Section 184(i)(5)(B) of the Housing and
Community Development Act of 1992 is amended by adding at the
end the following new sentence: ``Any amounts appropriated
pursuant to this subparagraph shall remain available until
expended.''.
(k) GNMA Authority.--The first sentence of section
306(g)(1) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1721(g)(1)) is amended by inserting
before the period at the end the following: ``; or guaranteed
under section 184 of the Housing and Community Development
Act of 1992''.
SEC. 782. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
(a) Authority To Lease.--Notwithstanding any other
provision of law, any restricted Indian lands, whether
tribally or individually owned, may be leased by the Indian
owners, with the approval of the Secretary of the Interior,
for residential purposes.
(b) Term.--Each lease pursuant to subsection (a) shall be
for a term not exceeding 50 years.
(c) Other Conditions.--Each lease pursuant to subsection
(a) and each renewal of such a lease shall be made under such
terms and regulations as may be prescribed by the Secretary
of the Interior.
(d) Rule of Construction.--This section may not be
construed to repeal, limit, or affect any authority to lease
any restricted Indian lands that--
(1) is conferred by or pursuant to any other provision of
law; or
(2) provides for leases for any period exceeding 50 years.
SEC. 783. TRAINING AND TECHNICAL ASSISTANCE.
There is authorized to be appropriated for assistance for
the a national organization representing Native American
housing interests for providing training and technical
assistance to Indian housing authorities and tribally
designated housing entities $2,000,000, for each of fiscal
years 1997, 1998, 1999, 2000, and 2001.
SEC. 784. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect upon the enactment of this title.
TITLE VIII--NATIONAL MANUFACTURED HOUSING CONSTRUCTION AND SAFETY
STANDARDS CONSENSUS COMMITTEE
SEC. 801. SHORT TITLE; REFERENCE.
(a) Short Title.--This title may be cited as the ``National
Manufactured Housing Construction and Safety Standards Act of
1996''.
(b) Reference.--Whenever in this title an amendment is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to that section or other provision of the Housing
and Community Development Act of 1974.
SEC. 802. STATEMENT OF PURPOSE.
Section 602 (42 U.S.C. 5401) is amended by striking the
first sentence and inserting the following: ``The Congress
declares that the purposes of this title are to reduce the
number of personal injuries and deaths and property damage
resulting from manufactured home accidents and to establish a
balanced consensus process for the development, revision, and
interpretation of Federal construction and safety standards
for manufactured homes.''.
SEC. 803. DEFINITIONS.
(a) In General.--Section 703 (42 U.S.C. 5402) is amended--
(1) in paragraph (2), by striking ``dealer'' and inserting
``retailer'';
(2) in paragraph (12), by striking ``and'' at the end;
(3) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(14) `consensus committee' means the committee
established under section 604(a)(7); and
``(15) `consensus standards development process' means the
process by which additions and revisions to the Federal
manufactured home construction and safety standards shall be
developed and recommended to the Secretary by the consensus
committee.''.
(b) Conforming Amendments.--
(1) Occurrences of ``dealer''.--The Act (42 U.S.C. 5401 et
seq.) is amended by striking ``dealer'' and inserting
``retailer'' in each of the following provisions:
(A) In section 613, each place such term appears.
(B) In section 614(f), each place such term appears.
(C) In section 615(b)(1).
(D) In section 616.
(2) Other amendments.--The Act (42 U.S.C. 5401 et seq.) is
amended--
(A) in section 615(b)(3), by striking ``dealer or dealers''
and inserting ``retailer or retailers''; and
(B) by striking ``dealers'' and inserting ``retailers''
each place such term appears--
(i) in section 615(d);
(ii) in section 615(f); and
(iii) in section 623(c)(9).
SEC. 804. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY
STANDARDS.
Section 604 (42 U.S.C. 5403) is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsections:
[[Page 1087]]
``(a) Establishment.--
``(1) Authority.--The Secretary shall establish, by order,
appropriate Federal manufactured home construction and safety
standards. Each such Federal manufactured home standard shall
be reasonable and shall meet the highest standards of
protection, taking into account existing State and local laws
relating to manufactured home safety and construction. The
Secretary shall issue all such orders pursuant to the
consensus standards development process under this
subsection. The Secretary may issue orders which are not part
of the consensus standards development process only in
accordance with subsection (b).
``(2) Consensus standards development process.--Not later
than 180 days after the date of enactment of the National
Manufactured Housing Construction and Safety Standards Act of
1996, the Secretary shall enter into a cooperative agreement
or establish a relationship with a qualified technical or
building code organization to administer the consensus
standards development process and establish a consensus
committee under paragraph (7). Periodically, the Secretary
shall review such organization's performance and may replace
the organization upon a finding of need.
``(3) Revisions.--The consensus committee established under
paragraph (7) shall consider revisions to the Federal
manufactured home construction and safety standards and shall
submit revised standards to the Secretary at least once
during every 2-year period, the first such 2-year period
beginning upon the appointment of the consensus committee
under paragraph (7). Before submitting proposed revised
standards to the Secretary, the consensus committee shall
cause the proposed revised standards to be published in the
Federal Register, together with a description of the
consensus committee's considerations and decisions under
subsection (e), and shall provide an opportunity for public
comment. Public views and objections shall be presented to
the consensus committee in accordance with American National
Standards Institute procedures. After such notice and
opportunity public comment, the consensus committee shall
cause the recommended revisions to the standards and notice
of its submission to the Secretary to be published in the
Federal Register. Such notice shall describe the
circumstances under which the proposed revised standards
could become effective.
``(4) Review by secretary.--The Secretary shall either
adopt, modify, or reject the standards submitted by the
consensus committee. A final order adopting the standards
shall be issued by the Secretary not later than 12 months
after the date the standards are submitted to the Secretary
by the consensus committee, and shall be published in the
Federal Register and become effective pursuant to subsection
(c). If the Secretary--
``(A) adopts the standards recommended by the consensus
committee, the Secretary may issue a final order directly
without further rulemaking;
``(B) determines that any portion of the standards should
be rejected because it would jeopardize health or safety or
is inconsistent with the purposes of this title, a notice to
that effect, together with this reason for rejecting the
proposed standard, shall be published in the Federal Register
no later than 12 months after the date the standards are
submitted to the Secretary by the consensus committee;
``(C) determines that any portion of the standard should be
modified because it would jeopardize health or safety or is
inconsistent with the purposes of this title--
``(i) such determination shall be made no later that 12
months after the date the standards are submitted to the
Secretary by the consensus committee;
``(ii) within such 12-month period, the Secretary shall
cause the proposed modified standard to be published in the
Federal Register, together with an explanation of the reason
for the Secretary's determination that the consensus
committee recommendation needs to be modified, and shall
provide an opportunity for public comment in accordance with
the provisions of section 553 of title 5, United States Code;
and
``(iii) the final standard shall become effective pursuant
to subsection (c).
``(5) Failure to act.--If the Secretary fails to take final
action under paragraph (4) and publish notice of the action
in the Federal Register within the 12-month period under such
paragraph, the recommendations of the consensus committee
shall be considered to have been adopted by the Secretary and
shall take effect upon the expiration of the 180-day period
that begins upon the conclusion of the 12-month period.
Within 10 days after the expiration of the 12-month period,
the Secretary shall cause to be published in the Federal
Register notice of the Secretary's failure to act, the
revised standards, and the effective date of the revised
standards. Such notice shall be deemed an order of the
Secretary approving the revised standards proposed by the
consensus committee.
``(6) Interpretive bulletins.--The Secretary may issue
interpretive bulletins to clarify the meaning of any Federal
manufactured home construction and safety standards, subject
to the following requirements:
``(A) Review by consensus committee.--Before issuing an
interpretive bulletin, the Secretary shall submit the
proposed bulletin to the consensus committee and the
consensus committee shall have 90 days to provide written
comments thereon to the Secretary. If the consensus committee
fails to act or if the Secretary rejects any significant
views recommended by the consensus committee, the Secretary
shall explain in writing to the consensus committee, before
the bulletin becomes effective, the reasons for such
rejection.
``(B) Proposals.--The consensus committee may, from time to
time, submit to the Secretary proposals for interpretive
bulletins under this subsection. If the Secretary fails to
issue or rejects a proposed bulletin within 90 days of its
receipt, the Secretary shall be considered to have approved
the proposed bulletin and shall immediately issue the
bulletin.
``(C) Effect.--Interpretative bulletins issued under this
paragraph shall become binding without rulemaking.
``(7) Consensus committee.--
``(A) Purpose.--The consensus committee referred to in
paragraph (2) shall have as its purpose providing periodic
recommendations to the Secretary to revise and interpret the
Federal manufactured home construction and safety standards
and carrying out such other functions assigned to the
committee under this title. The committee shall be organized
and carry out its business in a manner that guarantees a fair
opportunity for the expression and consideration of various
positions.
``(B) Membership.--The consensus committee shall be
composed of 25 members who shall be appointed as follows:
``(i) Appointment by process administrator.--Members shall
be appointed by the qualified technical or building code
organization that administers the consensus standards
development process pursuant to paragraph (2), subject to the
approval of the Secretary.
``(ii) Balanced membership.--Members shall be appointed in
a manner designed to include all interested parties without
domination by any single interest category.
``(iii) Selection procedures and requirements.--Members
shall be appointed in accordance with selection procedures
for consensus committees promulgated by the American National
Standards Institute, except that the American National
Standards Institute interest categories shall be modified to
ensure representation on the committee by individuals
representing the following fields, in equal numbers under
each of the following subclauses:
``(I) Manufacturers.
``(II) Retailers, insurers, suppliers, lenders, community
owners and private inspection agencies which have a financial
interest in the industry.
``(III) Homeowners and consumer representatives.
``(IV) Public officials, such as those from State or local
building code enforcement and inspection agencies.
``(V) General interest, including academicians,
researchers, architects, engineers, private inspection
agencies, and others.
Members of the consensus committee shall be qualified by
background and experience to participate in the work of the
committee, but members by reason of subclauses (III), (IV),
and (V), except the private inspection agencies, may not have
a financial interest in the manufactured home industry,
unless such bar to participation is waived by the Secretary.
The number of members by reason of subclause (V) who
represent private inspection agencies may not constitute more
than 20 percent of the total number of members by reason of
subclause (V). Notwithstanding any other provision of this
paragraph, the Secretary shall appoint a member of the
consensus committee, who shall not have voting privileges.
``(C) Meetings.--The consensus committee shall cause
advance notice of all meetings to be published in the Federal
Register and all meetings of the committee shall be open to
the public.
``(D) Authority.--Sections 203, 205, 207, and 208 of title
18, United States Code, shall not apply to the members of the
consensus committee. Members shall not be considered to be
special government employees for purposes of part 2634 of
title 5, Code of Federal Regulations. The consensus committee
shall not be considered an advisory committee for purposes of
the Federal Advisory Committee Act.
``(E) Administration.--The consensus committee and the
administering organization shall operate in conformance with
American National Standards Institute procedures for the
development and coordination of American National Standards
and shall apply to such Institute to obtain accreditation.
``(F) Staff.--The consensus committee shall be provided
reasonable staff resources by the administering organization.
Upon a showing of need and subject to the approval of the
Secretary, the administering organization shall furnish
technical support to any of the various interest categories
on the consensus committee.
``(b) Other Orders.--The Secretary may issue orders that
are not developed under the procedures set forth in
subsection (a) in order to respond to an emergency health or
safety issue, or to address issues on which the Secretary
determines the consensus committee will not make timely
recommendations, but only if the proposed order is first
submitted by the Secretary to the consensus committee for
review and the committee is afforded 90 days to provide its
views on the proposed order to the Secretary. If the
consensus committee fails to act within such period or if the
Secretary rejects any significant change recommended by the
consensus committee, the public notice of the order shall
include an explanation of the reasons
[[Page 1088]]
for the Secretary's action. The Secretary may issue such
orders only in accordance with the provisions of section 553
of title 5, United States Code.'';
(2) by striking subsection (e);
(3) in subsection (f), by striking the matter preceding
paragraph (1) and inserting the following:
``(e) Considerations in Establishing and Interpreting
Standards.--The consensus committee, in recommending
standards and interpretations, and the Secretary, in
establishing standards or issuing interpretations under this
section, shall--'';
(4) by striking subsection (g);
(5) in the first sentence of subsection (j), by striking
``subsection (f)'' and inserting ``subsection (e)''; and
(6) by redesignating subsections (h), (i), and (j) as
subsections (f), (g), and (h), respectively.
SEC. 805. ABOLISHMENT OF NATIONAL MANUFACTURED HOME ADVISORY
COUNCIL.
Section 605 (42 U.S.C. 5404) is hereby repealed.
SEC. 806. PUBLIC INFORMATION.
Section 607 (42 U.S.C. 5406) is amended--
(1) in subsection (a)--
(A) by inserting ``to the Secretary'' after ``submit''; and
(B) by adding at the end the following new sentence: ``Such
cost and other information shall be submitted to the
consensus committee by the Secretary for its evaluation.'';
(2) in subsection (d), by inserting ``, the consensus
committee,'' after ``public,''; and
(3) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
SEC. 807. INSPECTION FEES.
Section 620 (42 U.S.C. 5419) is amended to read as follows:
``Sec. 620. (a) Authority To Establish Fees.--In carrying
out the inspections required under this title and in
developing standards pursuant to section 604, the Secretary
may establish and impose on manufactured home manufacturers,
distributors, and retailers such reasonable fees as may be
necessary to offset the expenses incurred by the Secretary in
conducting such inspections and administering the consensus
standards development process and for developing standards
pursuant to section 604(b), and the Secretary may use any
fees so collected to pay expenses incurred in connection
therewith. Such fees shall only be modified pursuant to
rulemaking in accordance with the provisions of section 553
of title 5, United States Code.
``(b) Deposit of Fees.--Fees collected pursuant to this
title shall be deposited in a fund, which is hereby
established in the Treasury for deposit of such fees. Amounts
in the fund are hereby available for use by the Secretary
pursuant to subsection (a). The use of these fees by the
Secretary shall not be subject to general or specific
limitations on appropriated funds unless use of these fees is
specifically addressed in any future appropriations
legislation. The Secretary shall provide an annual report to
Congress indicating expenditures under this section. The
Secretary shall also make available to the public, in
accordance with all applicable disclosure laws, regulations,
orders, and directives, information pertaining to such funds,
including information pertaining to amounts collected,
amounts disbursed, and the fund balance.''.
SEC. 808. ELIMINATION OF ANNUAL REPORT REQUIREMENT.
Section 626 (42 U.S.C. 5425) is hereby repealed.
SEC. 809. EFFECTIVE DATE.
The amendments made by this title shall take effect on the
date of enactment of this Act, except that the amendments
shall have no effect on any order or interpretative bulletin
that is published as a proposed rule pursuant to the
provisions of section 553 of title 5, United States Code, on
or before that date.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. KENNEDY of Massachusetts moved to recommit the bill to the
Committee on Banking and Financial Services with instructions to report
the bill back to the House forthwith with the following amendments:
In Section 225(a) of the bill (as amended by the manager's
amendment), after paragraph (2) insert the following new
paragraph:
(3) Exceptions.--Notwithstanding any other provision of
this section, the amount paid for monthly rent for a dwelling
unit in public housing may not exceed 30 percent of the
family's adjusted monthly income for any family who has an
annual income which is principally derived from earned
income.
In Section 322(a) of the bill (as amended by the manager's
amendment), after paragraph (2) insert the following new
paragraph:
(3) Exceptions.--Notwithstanding paragraph (1), the amount
paid by an assisted family for monthly rent for an assisted
dwelling unit, may not exceed 30 percent of the family's
adjusted monthly income for any family who has an annual
income which is principally derived from earned income.
Any amount payable under paragraph (4) shall be in addition
to the amount payable under this paragraph.
In section 352(a)(2) of the bill (as amended by the
manager's amendment), after ``paragraph (2)'' insert ``or
(3)''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the nays had it.
Mr. KENNEDY of Massachusetts demanded a recorded vote on agreeing to
said motion, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
196
<3-line {>
negative
Nays
226
para.55.13 [Roll No. 160]
AYES--196
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Fox
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
LaTourette
Levin
Lewis (GA)
Lincoln
Lowey
Luther
Maloney
Manton
Markey
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--226
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Fawell
Fields (TX)
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manzullo
Martinez
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Petri
Pombo
Porter
Portman
Pryce
[[Page 1089]]
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Rose
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Bevill
Dickey
Dicks
Ewing
Laughlin
Molinari
Paxon
Schroeder
Tanner
Torricelli
Weldon (PA)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. LAZIO demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
315
<3-line {>
affirmative
Nays
107
para.55.14 [Roll No. 161]
AYES--315
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Parker
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Salmon
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--107
Abercrombie
Barrett (WI)
Becerra
Beilenson
Blute
Bonior
Borski
Boucher
Brown (FL)
Bryant (TX)
Clay
Clement
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Engel
Evans
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Gejdenson
Gephardt
Gibbons
Gonzalez
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
LaFalce
Levin
Lewis (GA)
Lofgren
Maloney
Manton
Markey
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Mink
Moakley
Mollohan
Nadler
Neal
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Quinn
Rahall
Rangel
Reed
Roybal-Allard
Rush
Sabo
Sanders
Scarborough
Serrano
Slaughter
Stark
Stokes
Studds
Thompson
Thurman
Torkildsen
Torres
Towns
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Waxman
Williams
Woolsey
Yates
NOT VOTING--11
Bachus
Bevill
Dickey
Laughlin
Molinari
Paxon
Royce
Schroeder
Tanner
Torricelli
Weldon (PA)
So the bill was passed.
On motion of Mr. LAZIO, pursuant section 2 of House Resolution 426,
the bill of the Senate (S. 1260) to reform and consolidate the public
and assisted housing programs of the United States, and to redirect
primary responsibility for these programs from the Federal Government to
States and localities, and for other purposes, was taken from the
Speaker's table.
When said bill was considered and read twice.
Mr. LAZIO submitted the following amendment, which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 2406, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
repeal the United States Housing Act of 1937, deregulate the public
housing program and the program for rental housing assistance for low-
income families and increase community control over such programs, and
for other purposes.''.
A motion to reconsider the votes whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
On motion of Mr. LAZIO, pursuant to section 2 of House Resolution 426,
it was,
Resolved, That the House insist upon its amendments to the foregoing
bill and request a conference with the Senate on the disagreeing votes
of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent,
announced the appointed Messrs. Leach, Lazio, Bereuter, Baker of
Louisiana, Castle, Gonzalez, Vento and Kennedy of Massachusetts as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 2406, similar House bill, was laid on the
table.
para.55.15 clerk to correct engrossment--s. 1260 amendments
On motion of Mr. LAZIO, by unanimous consent,
Ordered, That in the engrossment of the amendments to the bill of the
Senate (S. 1260), the Clerk be authorized to correct section numbers,
cross references, punctuation, and indentation, and to make any other
technical and conforming changes necessary to reflect the actions of the
House.
para.55.16 presidio properties
On motion of Mr. YOUNG of Alaska, by unanimous consent, the bill (H.R.
1296) to provide for the administration
[[Page 1090]]
of certain Presidio properties at minimal cost to the Federal taxpayer;
together with the amendment of the Senate thereto, was taken from the
Speaker's table.
When on motion of Mr. YOUNG of Alaska, it was,
Resolved, That the House disagree to the amendment of the Senate and
ask a conference with the Senate on the disagreeing votes of the two
Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent,
appointed Messrs. Young of Alaska, Hansen, Allard, Hayworth, Mrs. Cubin,
Messrs. Miller of California, Richardson, and Vento, as managers on the
part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.55.17 order of business--consideration of h.r. 3286
On motion of Mr. HYDE, by unanimous consent,
Ordered, That during consideration of of the bill (H.R. 3286) to help
families defray adoption costs, and to promote the adoption of minority
children, pursuant to House Resolution 428, notwithstanding the order of
the previous question, it may be in order immediately after initial
debate on the bill, as amended, for the Chair to postpone further
consideration of the bill until the following legislative day, on which
consideration may resume at a time designation by the Speaker.
para.55.18 unfinished business--veto of h.r. 956
The SPEAKER pro tempore, Mr. BOEHNER, announced the unfinished
business to be the further consideration of the veto message from the
President on the bill (H.R. 956) to establish legal standards and
procedures for product liability litigation, and for other purposes.
The question being on the passage of the bill, the objections of the
President to the contrary notwithstanding.
After debate,
Pursuant to the order of the House of May 6, 1996, the previous
question was ordered on the bill.
The question being put,
Will the House, upon reconsideration, agree to pass the bill, the
objections of the President to the contrary notwithstanding?
It was decided in the
Yeas
258
<3-line {>
negative
Nays
163
para.55.19 [Roll No. 162]
YEAS--258
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dingell
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Payne (VA)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--163
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Beilenson
Bentsen
Berman
Bishop
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Doyle
Durbin
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kildee
King
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Skaggs
Skelton
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--13
Becerra
Bevill
Dickey
Engel
Klink
Laughlin
Molinari
Paxon
Roberts
Schroeder
Tanner
Torricelli
Weldon (PA)
The SPEAKER pro tempore, Mr. BOEHNER, announced that 258 Members had
voted in the affirmative and 163 Members had voted in the negative.
So, two-thirds of the Members present not having voted in favor
thereof, the bill was not passed, the objections of the President to the
contrary notwithstanding.
The SPEAKER pro tempore, Mr. BOEHNER, announced that the veto message
and accompanying bill were referred to the Committee on the Judiciary.
Ordered, That the Clerk notify the Senate thereof.
para.55.20 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 2137. An Act to amend the Violent Crime Control and
Law Enforcement Act of 1994 to require the release of
relevant information to protect the public from sexually
violent offenders.
para.55.21 providing for the consideration of h.r. 3022
Ms. GREENE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 427):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3322) to authorize appropriations for fiscal
year 1997 for civilian science activities of the Federal
Government, and for other purposes. The first reading of the
bill shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(2) of rule XI are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Science. After general debate the
bill shall be considered for
[[Page 1091]]
amendment under the five-minute rule. The bill shall be
considered by title rather than by section. The first section
and each title shall be considered as read. Points of order
against provisions in the bill for failure to comply with
clause 5(a) of rule XXI are waived. Before consideration of
any other amendment it shall be in order to consider the
amendment printed in the report of the Committee on Rules
accompanying this resolution, if offered by Representative
Walker of Pennsylvania or his designee. That amendment shall
be considered as read, may amend portions of the bill not yet
read for amendment, shall be debatable for ten minutes
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. If that amendment is
adopted, the bill, as amended, shall be considered as the
original bill for the purpose of further amendment. During
further consideration of the bill for amendment, the Chairman
of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Ms. GREENE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.55.22 providing for the consideration of h.r. 3286
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 428):
Resolved, That upon the adoption of this resolution it
shall be in order without intervention of any point of order
to consider in the House the bill (H.R. 3286) to help
families defray adoption costs, and to promote the adoption
of minority children. The amendment in the nature of a
substitute recommended by the Committee on Ways and Means now
printed in the bill shall be considered as adopted. The
previous question shall be considered as ordered on the bill,
as amended, and on any further amendment thereto to final
passage without intervening motion except: (1) one hour of
debate on the bill, as amended, equally divided and
controlled by the chairman and ranking minority member of the
Committee on Ways and Means; (2) an amendment to title II of
the bill, as amended, if offered by Representative Gibbons of
Florida or his designee, which shall be considered as read
and shall be separately debatable for thirty minutes equally
divided and controlled by the proponent and an opponent; (3)
the amendment recommended by the Committee on Resources
(applied to the bill, as amended), if offered by
Representative Young of Alaska or a designee, which shall be
considered as read and shall be separately debatable for
thirty minutes equally divided and controlled by the
proponent and an opponent; and (4) one motion to recommit,
which may include instructions only if offered by the
minority leader or his designee.
When said resolution was considered.
After debate,
On motion of Mrs. PRYCE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.55.23 providing for the consideration of h.r. 3232
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-570) the resolution (H. Res. 430) providing for consideration of
the bill (H.R. 3230) to authorize appropriations for fiscal year 1997
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1997, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.55.24 adoption promotion and stability
Mr. ARCHER, pursuant to House Resolution 428, called up the bill (H.R.
3286) to help families defray adoption costs, and to promote the
adoption of minority children.
When said bill was considered and read twice.
Pursuant to House Resolution 428, the following amendment in the
nature of a substitute was considered adopted:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Promotion and
Stability Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CREDIT FOR ADOPTION EXPENSES
Sec. 101. Credit for adoption expenses.
TITLE II--INTERETHNIC ADOPTION
Sec. 201. Removal of barriers to interethnic adoption.
TITLE III--CHILD CUSTODY PROCEEDINGS AFFECTED BY THE INDIAN CHILD
WELFARE ACT OF 1978
Sec. 301. Inapplicability of the Indian Child Welfare Act of 1978 to
child custody proceedings involving a child whose parents
do not maintain affiliation with their Indian tribe.
Sec. 302. Membership and child custody proceedings.
Sec. 303. Effective date.
TITLE IV--REVENUE OFFSETS
Sec. 400. Amendment of 1986 Code.
Subtitle A--Exclusion for Energy Conservation Subsidies Limited to
Subsidies With Respect to Dwelling Units
Sec. 401. Exclusion for energy conservation subsidies limited to
subsidies with respect to dwelling units.
Subtitle B--Foreign Trust Tax Compliance
Sec. 411. Improved information reporting on foreign trusts.
Sec. 412. Comparable penalties for failure to file return relating to
transfers to foreign entities.
Sec. 413. Modifications of rules relating to foreign trusts having one
or more United States beneficiaries.
Sec. 414. Foreign persons not to be treated as owners under grantor
trust rules.
Sec. 415. Information reporting regarding foreign gifts.
Sec. 416. Modification of rules relating to foreign trusts which are
not grantor trusts.
Sec. 417. Residence of trusts, etc.
TITLE I--CREDIT FOR ADOPTION EXPENSES
SEC. 101. CREDIT FOR ADOPTION EXPENSES.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after
section 22 the following new section:
``SEC. 23. ADOPTION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year the amount of the qualified
adoption expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
adoption expenses which may be taken into account under
subsection (a) for all taxable years with respect to the
adoption of a child by the taxpayer shall not exceed $5,000.
``(2) Income limitation.--The amount allowable as a credit
under subsection (a) for any taxable year shall be reduced
(but not below zero) by an amount which bears the same ratio
to the amount so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's adjusted
gross income (determined without regard to sections 911, 931,
and 933) exceeds $75,000, bears to
``(B) $40,000.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowable under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under subsection
(a) for any expense to the extent that funds for such expense
are received under any Federal, State, or local program. The
preceding sentence shall not apply to expenses for the
adoption of a child with special needs.
``(C) Reimbursement.--No credit shall be allowed under
subsection (a) for any expense to the extent that such
expense is reimbursed and the reimbursement is excluded from
gross income under section 137.
``(c) Carryforwards of Unused Credit.--If the credit
allowable under subsection (a) for any taxable year exceeds
the limitation imposed by section 26(a) for such taxable year
reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be
carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year.
No credit may be carried forward under this subsection to any
taxable year following the fifth taxable year after the
taxable year in which the credit arose. For purposes of the
preceding sentence, credits shall be treated as used on a
first-in first-out basis.
``(d) Definitions.--For purposes of this section--
``(1) Qualified adoption expenses.--The term `qualified
adoption expenses' means
[[Page 1092]]
reasonable and necessary adoption fees, court costs, attorney
fees, and other expenses--
``(A) which are directly related to, and the principal
purpose of which is for, the legal adoption of an eligible
child by the taxpayer, and
``(B) which are not incurred in violation of State or
Federal law or in carrying out any surrogate parenting
arrangement.
``(2) Expenses for adoption of spouse's child not
eligible.--The term `qualified adoption expenses' shall not
include any expenses in connection with the adoption by an
individual of a child who is the child of such individual's
spouse.
``(3) Eligible child.--The term `eligible child' means any
individual--
``(A) who has not attained age 18 as of the time of the
adoption, or
``(B) who is physically or mentally incapable of caring for
himself.
``(4) Child with special needs.--The term `child with
special needs' means any child if--
``(A) a State has determined that the child cannot or
should not be returned to the home of his parents, and
``(B) such State has determined that there exists with
respect to the child a specific factor or condition (such as
his ethnic background, age, or membership in a minority or
sibling group, or the presence of factors such as medical
conditions or physical, mental, or emotional handicaps)
because of which it is reasonable to conclude that such child
cannot be placed with adoptive parents without providing
adoption assistance.
``(e) Special Rules for Foreign Adoptions.--In the case of
a foreign adoption--
``(1) subsection (a) shall not apply to any qualified
adoption expense with respect to such adoption unless such
adoption becomes final, and
``(2) any such expense which is paid or incurred before the
taxable year in which such adoption becomes final shall be
taken into account under this section as if such expense were
paid or incurred during such year.
``(f) Married Couples Must File Joint Returns.--Rules
similar to the rules of paragraphs (2), (3), and (4) of
section 21(e) shall apply for purposes of this section.
``(g) Basis Adjustments.--For purposes of this subtitle, if
a credit is allowed under this section for any expenditure
with respect to any property, the increase in the basis of
such property which would (but for this subsection) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out this section
and section 137, including regulations which treat unmarried
individuals who pay or incur qualified adoption expenses with
respect to the same child as 1 taxpayer for purposes of
applying the dollar limitation in subsection (b)(1) of this
section and in section 137(b)(1).''.
(b) Exclusion of Amounts Received Under Employer's Adoption
Assistance Programs.--Part III of subchapter B of chapter 1
of such Code (relating to items specifically excluded from
gross income) is amended by redesignating section 137 as
section 138 and by inserting after section 136 the following
new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not
include amounts paid or expenses incurred by the employer for
qualified adoption expenses in connection with the adoption
of a child by an employee if such amounts are furnished
pursuant to an adoption assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the adoption of a child by the taxpayer shall
not exceed $5,000.
``(2) Income limitation.--The amount excludable from gross
income under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the
same ratio to the amount so excludable (determined without
regard to this paragraph but with regard to paragraph (1))
as--
``(A) the amount (if any) by which the taxpayer's adjusted
gross income exceeds $75,000, bears to
``(B) $40,000.
``(3) Determination of adjusted gross income.--For purposes
of paragraph (2), adjusted gross income shall be determined--
``(A) without regard to this section and sections 911, 931,
and 933, and
``(B) after the application of sections 86, 135, 219, and
469.
``(c) Adoption Assistance Program.--For purposes of this
section, an adoption assistance program is a plan of an
employer--
``(1) under which the employer provides employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), and (5) of section 127(b).
An adoption reimbursement program operated under section 1052
of title 10, United States Code (relating to armed forces) or
section 514 of title 14, United States Code (relating to
members of the Coast Guard) shall be treated as an adoption
assistance program for purposes of this section.
``(d) Qualified Adoption Expenses.--For purposes of this
section, the term `qualified adoption expenses' has the
meaning given such term by section 23(d).
``(e) Certain Rules To Apply.--Rules similar to the rules
of subsections (e) and (g) of section 23 shall apply for
purposes of this section.''.
(c) Conforming Amendments.--
(1) Sections 86(b)(2)(A) and 135(c)(4)(A) of such Code are
each amended by inserting ``137,'' before ``911''.
(2) Clause (i) of section 219(g)(3)(A) of such Code is
amended by inserting ``, 137,'' before ``and 911''.
(3) Clause (ii) of section 469(i)(3)(E) of such Code is
amended to read as follows:
``(ii) the amounts excludable from gross income under
sections 135 and 137,''.
(4) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (24), by striking
the period at the end of paragraph (25) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(26) to the extent provided in sections 23(g) and
137(e).''
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 22 the following
new item:
``Sec. 23. Adoption expenses.''.
(6) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the item
relating to section 137 and inserting the following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other Acts.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
TITLE II--INTERETHNIC ADOPTION
SEC. 201. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.
(a) State Plan Requirements.--Section 471(a) of the Social
Security Act (42 U.S.C 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following:
``(18) not later than January 1, 1997, provides that
neither the State nor any other entity in the State that
receives funds from the Federal Government and is involved in
adoption or foster care placements may--
``(A) deny to any person the opportunity to become an
adoptive or a foster parent, on the basis of the race, color,
or national origin of the person, or of the child, involved;
or
``(B) delay or deny the placement of a child for adoption
or into foster care, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.''.
(b) Enforcement.--Section 474 of such Act (42 U.S.C. 674)
is amended by adding at the end the following:
``(d)(1) If a State's program operated under this part is
found, as a result of a review conducted under section 1123,
to have violated section 471(a)(18) during a quarter with
respect to any person, then, notwithstanding subsection (a)
of this section and any regulations promulgated under section
1123(b)(3), the Secretary shall reduce the amount otherwise
payable to the State under this part, for the quarter and for
each subsequent quarter before the 1st quarter for which the
State program is found, as a result of such a review, not to
have violated section 471(a)(18) with respect to any person,
by--
``(A) 2 percent of such otherwise payable amount, in the
case of the 1st such finding with respect to the State;
``(B) 5 percent of such otherwise payable amount, in the
case of the 2nd such finding with respect to the State; or
``(C) 10 percent of such otherwise payable amount, in the
case of the 3rd or subsequent such finding with respect to
the State.
``(2) Any other entity which is in a State that receives
funds under this part and which violates section 471(a)(18)
during a quarter with respect to any person shall remit to
the Secretary all funds that were paid by the State to the
entity during the quarter from such funds.
``(3)(A) Any individual who is aggrieved by a violation of
section 471(a)(18) by a State or other entity may bring an
action seeking relief from the State or other entity in any
United States district court.
``(B) An action under this paragraph may not be brought
more than 2 years after the date the alleged violation
occurred.
``(4) This subsection shall not be construed to affect the
application of the Indian Child Welfare Act of 1978.''.
(c) Civil Rights.--
(1) Prohibited conduct.--A person or government that is
involved in adoption or foster care placements may not--
(A) deny to any individual the opportunity to become an
adoptive or a foster parent, on the basis of the race, color,
or national origin of the individual, or of the child,
involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.
(2) Enforcement.--Noncompliance with paragraph (1) is
deemed a violation of title VI of the Civil Rights Act of
1964.
(3) No effect on the indian child welfare act of 1978.--
This subsection shall not be construed to affect the
application of the Indian Child Welfare Act of 1978.
(d) Conforming Repeal.--Section 553 of the Howard M.
Metzenbaum Multiethnic Placement Act of 1994 (42 U.S.C.
5115a) is repealed.
[[Page 1093]]
TITLE III--CHILD CUSTODY PROCEEDINGS AFFECTED BY THE INDIAN CHILD
WELFARE ACT OF 1978
SEC. 301. INAPPLICABILITY OF THE INDIAN CHILD WELFARE ACT OF
1978 TO CHILD CUSTODY PROCEEDINGS INVOLVING A
CHILD WHOSE PARENTS DO NOT MAINTAIN AFFILIATION
WITH THEIR INDIAN TRIBE.
Title I of the Indian Child Welfare Act of 1978 (25 U.S.C.
1911 et seq.) is amended by adding at the end the following:
``Sec. 114. (a) This title does not apply to any child
custody proceeding involving a child who does not reside or
is not domiciled within a reservation unless--
``(1) at least one of the child's biological parents is of
Indian descent; and
``(2) at least one of the child's biological parents
maintains significant social, cultural, or political
affiliation with the Indian tribe of which either parent is a
member.
``(b) The factual determination as to whether a biological
parent maintains significant social, cultural, or political
affiliation with the Indian tribe of which either parent is a
member shall be based on such affiliation as of the time of
the child custody proceeding.
``(c) The determination that this title does not apply
pursuant to subsection (a) is final, and, thereafter, this
title shall not be the basis for determining jurisdiction
over any child custody proceeding involving the child.''.
SEC. 302. MEMBERSHIP AND CHILD CUSTODY PROCEEDINGS.
Title I of the Indian Child Welfare Act of 1978 (25 U.S.C.
1911 et seq.), as amended by section 301 of this title, is
further amended by adding at the end the following:
``Sec. 115. (a) A person who attains the age of 18 years
before becoming a member of an Indian tribe may become a
member of an Indian tribe only upon the person's written
consent.
``(b) For the purposes of any child custody proceeding
involving an Indian child, membership in an Indian tribe
shall be effective from the actual date of admission to
membership in the Indian tribe and shall not be given
retroactive effect.''.
SEC. 303. EFFECTIVE DATE.
The amendments made by this title shall take effect on the
date of the enactment of this Act and shall apply with
respect to any child custody proceeding in which a final
decree has not been entered as of such date.
TITLE IV--REVENUE OFFSETS
SEC. 400. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Exclusion for Energy Conservation Subsidies Limited to
Subsidies With Respect to Dwelling Units
SEC. 401. EXCLUSION FOR ENERGY CONSERVATION SUBSIDIES LIMITED
TO SUBSIDIES WITH RESPECT TO DWELLING UNITS.
(a) In General.--Paragraph (1) of section 136(c) (defining
energy conservation measure) is amended by striking ``energy
demand--'' and all that follows and inserting ``energy demand
with respect to a dwelling unit.''
(b) Conforming Amendments.--
(1) Subsection (a) of section 136 is amended to read as
follows:
``(a) Exclusion.--Gross income shall not include the value
of any subsidy provided (directly or indirectly) by a public
utility to a customer for the purchase or installation of any
energy conservation measure.''
(2) Paragraph (2) of section 136(c) is amended--
(A) by striking subparagraph (A) and by redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively, and
(B) by striking ``and special rules'' in the paragraph
heading.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received after December 31, 1996,
unless received pursuant to a written binding contract in
effect on September 13, 1995, and at all times thereafter.
Subtitle B--Foreign Trust Tax Compliance
SEC. 411. IMPROVED INFORMATION REPORTING ON FOREIGN TRUSTS.
(a) In General.--Section 6048 (relating to returns as to
certain foreign trusts) is amended to read as follows:
``SEC. 6048. INFORMATION WITH RESPECT TO CERTAIN FOREIGN
TRUSTS.
``(a) Notice of Certain Events.--
``(1) General rule.--On or before the 90th day (or such
later day as the Secretary may prescribe) after any
reportable event, the responsible party shall provide written
notice of such event to the Secretary in accordance with
paragraph (2).
``(2) Contents of notice.--The notice required by paragraph
(1) shall contain such information as the Secretary may
prescribe, including--
``(A) the amount of money or other property (if any)
transferred to the trust in connection with the reportable
event, and
``(B) the identity of the trust and of each trustee and
beneficiary (or class of beneficiaries) of the trust.
``(3) Reportable event.--For purposes of this subsection--
``(A) In general.--The term `reportable event' means--
``(i) the creation of any foreign trust by a United States
person,
``(ii) the transfer of any money or property (directly or
indirectly) to a foreign trust by a United States person,
including a transfer by reason of death, and
``(iii) the death of a citizen or resident of the United
States if--
``(I) the decedent was treated as the owner of any portion
of a foreign trust under the rules of subpart E of part I of
subchapter J of chapter 1, or
``(II) any portion of a foreign trust was included in the
gross estate of the decedent.
``(B) Exceptions.--
``(i) Fair market value sales.--Subparagraph (A)(ii) shall
not apply to any transfer of property to a trust in exchange
for consideration of at least the fair market value of the
transferred property. For purposes of the preceding sentence,
consideration other than cash shall be taken into account at
its fair market value and the rules of section 679(a)(3)
shall apply.
``(ii) Deferred compensation and charitable trusts.--
Subparagraph (A) shall not apply with respect to a trust
which is--
``(I) described in section 402(b), 404(a)(4), or 404A, or
``(II) determined by the Secretary to be described in
section 501(c)(3).
``(4) Responsible party.--For purposes of this subsection,
the term `responsible party' means--
``(A) the grantor in the case of the creation of an inter
vivos trust,
``(B) the transferor in the case of a reportable event
described in paragraph (3)(A)(ii) other than a transfer by
reason of death, and
``(C) the executor of the decedent's estate in any other
case.
``(b) United States Grantor of Foreign Trust.--
``(1) In general.--If, at any time during any taxable year
of a United States person, such person is treated as the
owner of any portion of a foreign trust under the rules of
subpart E of part I of subchapter J of chapter 1, such person
shall be responsible to ensure that--
``(A) such trust makes a return for such year which sets
forth a full and complete accounting of all trust activities
and operations for the year, the name of the United States
agent for such trust, and such other information as the
Secretary may prescribe, and
``(B) such trust furnishes such information as the
Secretary may prescribe to each United States person (i) who
is treated as the owner of any portion of such trust or (ii)
who receives (directly or indirectly) any distribution from
the trust.
``(2) Trusts not having united states agent.--
``(A) In general.--If the rules of this paragraph apply to
any foreign trust, the determination of amounts required to
be taken into account with respect to such trust by a United
States person under the rules of subpart E of part I of
subchapter J of chapter 1 shall be determined by the
Secretary.
``(B) United states agent required.--The rules of this
paragraph shall apply to any foreign trust to which paragraph
(1) applies unless such trust agrees (in such manner, subject
to such conditions, and at such time as the Secretary shall
prescribe) to authorize a United States person to act as such
trust's limited agent solely for purposes of applying
sections 7602, 7603, and 7604 with respect to--
``(i) any request by the Secretary to examine records or
produce testimony related to the proper treatment of amounts
required to be taken into account under the rules referred to
in subparagraph (A), or
``(ii) any summons by the Secretary for such records or
testimony.
The appearance of persons or production of records by reason
of a United States person being such an agent shall not
subject such persons or records to legal process for any
purpose other than determining the correct treatment under
this title of the amounts required to be taken into account
under the rules referred to in subparagraph (A). A foreign
trust which appoints an agent described in this subparagraph
shall not be considered to have an office or a permanent
establishment in the United States, or to be engaged in a
trade or business in the United States, solely because of the
activities of such agent pursuant to this subsection.
``(C) Other rules to apply.--Rules similar to the rules of
paragraphs (2) and (4) of section 6038A(e) shall apply for
purposes of this paragraph.
``(c) Reporting by United States Beneficiaries of Foreign
Trusts.--
``(1) In general.--If any United States person receives
(directly or indirectly) during any taxable year of such
person any distribution from a foreign trust, such person
shall make a return with respect to such trust for such year
which includes--
``(A) the name of such trust,
``(B) the aggregate amount of the distributions so received
from such trust during such taxable year, and
``(C) such other information as the Secretary may
prescribe.
``(2) Inclusion in income if records not provided.--
``(A) In general.--If adequate records are not provided to
the Secretary to determine the proper treatment of any
distribution from a foreign trust, such distribution shall be
treated as an accumulation distribution includible in the
gross income of the distributee under chapter 1. To the
extent provided in regulations, the preceding sentence shall
not apply if the foreign trust elects to be subject to rules
similar to the rules of subsection (b)(2)(B).
[[Page 1094]]
``(B) Application of accumulation distribution rules.--For
purposes of applying section 668 in a case to which
subparagraph (A) applies, the applicable number of years for
purposes of section 668(a) shall be \1/2\ of the number of
years the trust has been in existence.
``(d) Special Rules.--
``(1) Determination of whether united states person makes
transfer or receives distribution.--For purposes of this
section, in determining whether a United States person makes
a transfer to, or receives a distribution from, a foreign
trust, the fact that a portion of such trust is treated as
owned by another person under the rules of subpart E of part
I of subchapter J of chapter 1 shall be disregarded.
``(2) Domestic trusts with foreign activities.--To the
extent provided in regulations, a trust which is a United
States person shall be treated as a foreign trust for
purposes of this section and section 6677 if such trust has
substantial activities, or holds substantial property,
outside the United States.
``(3) Time and manner of filing information.--Any notice or
return required under this section shall be made at such time
and in such manner as the Secretary shall prescribe.
``(4) Modification of return requirements.--The Secretary
is authorized to suspend or modify any requirement of this
section if the Secretary determines that the United States
has no significant tax interest in obtaining the required
information.''.
(b) Increased Penalties.--Section 6677 (relating to failure
to file information returns with respect to certain foreign
trusts) is amended to read as follows:
``SEC. 6677. FAILURE TO FILE INFORMATION WITH RESPECT TO
CERTAIN FOREIGN TRUSTS.
``(a) Civil Penalty.--In addition to any criminal penalty
provided by law, if any notice or return required to be filed
by section 6048--
``(1) is not filed on or before the time provided in such
section, or
``(2) does not include all the information required
pursuant to such section or includes incorrect information,
the person required to file such notice or return shall pay a
penalty equal to 35 percent of the gross reportable amount.
If any failure described in the preceding sentence continues
for more than 90 days after the day on which the Secretary
mails notice of such failure to the person required to pay
such penalty, such person shall pay a penalty (in addition to
the amount determined under the preceding sentence) of
$10,000 for each 30-day period (or fraction thereof) during
which such failure continues after the expiration of such 90-
day period. In no event shall the penalty under this
subsection with respect to any failure exceed the gross
reportable amount.
``(b) Special Rules for Returns Under Section 6048(b).--In
the case of a return required under section 6048(b)--
``(1) the United States person referred to in such section
shall be liable for the penalty imposed by subsection (a),
and
``(2) subsection (a) shall be applied by substituting `5
percent' for `35 percent'.
``(c) Gross Reportable Amount.--For purposes of subsection
(a), the term `gross reportable amount' means--
``(1) the gross value of the property involved in the event
(determined as of the date of the event) in the case of a
failure relating to section 6048(a),
``(2) the gross value of the portion of the trust's assets
at the close of the year treated as owned by the United
States person in the case of a failure relating to section
6048(b)(1), and
``(3) the gross amount of the distributions in the case of
a failure relating to section 6048(c).
``(d) Reasonable Cause Exception.--No penalty shall be
imposed by this section on any failure which is shown to be
due to reasonable cause and not due to willful neglect. The
fact that a foreign jurisdiction would impose a civil or
criminal penalty on the taxpayer (or any other person) for
disclosing the required information is not reasonable cause.
``(e) Deficiency Procedures Not To Apply.--Subchapter B of
chapter 63 (relating to deficiency procedures for income,
estate, gift, and certain excise taxes) shall not apply in
respect of the assessment or collection of any penalty
imposed by subsection (a).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 6724(d) is amended by striking
``or'' at the end of subparagraph (S), by striking the period
at the end of subparagraph (T) and inserting ``, or'', and by
inserting after subparagraph (T) the following new
subparagraph:
``(U) section 6048(b)(1)(B) (relating to foreign trust
reporting requirements).''.
(2) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by striking the item
relating to section 6048 and inserting the following new
item:
``Sec. 6048. Information with respect to certain foreign trusts.''.
(3) The table of sections for part I of subchapter B of
chapter 68 is amended by striking the item relating to
section 6677 and inserting the following new item:
``Sec. 6677. Failure to file information with respect to certain
foreign trusts.''.
(d) Effective Dates.--
(1) Reportable events.--To the extent related to subsection
(a) of section 6048 of the Internal Revenue Code of 1986, as
amended by this section, the amendments made by this section
shall apply to reportable events (as defined in such section
6048) occurring after the date of the enactment of this Act.
(2) Grantor trust reporting.--To the extent related to
subsection (b) of such section 6048, the amendments made by
this section shall apply to taxable years of United States
persons beginning after December 31, 1995.
(3) Reporting by united states beneficiaries.--To the
extent related to subsection (c) of such section 6048, the
amendments made by this section shall apply to distributions
received after the date of the enactment of this Act.
SEC. 412. COMPARABLE PENALTIES FOR FAILURE TO FILE RETURN
RELATING TO TRANSFERS TO FOREIGN ENTITIES.
(a) In General.--Section 1494 is amended by adding at the
end the following new subsection:
``(c) Penalty.--In the case of any failure to file a return
required by the Secretary with respect to any transfer
described in section 1491, the person required to file such
return shall be liable for the penalties provided in section
6677 in the same manner as if such failure were a failure to
file a notice under section 6048(a).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to transfers after the date of the enactment of
this Act.
SEC. 413. MODIFICATIONS OF RULES RELATING TO FOREIGN TRUSTS
HAVING ONE OR MORE UNITED STATES BENEFICIARIES.
(a) Treatment of Trust Obligations, Etc.--
(1) Paragraph (2) of section 679(a) is amended by striking
subparagraph (B) and inserting the following:
``(B) Transfers at fair market value.--To any transfer of
property to a trust in exchange for consideration of at least
the fair market value of the transferred property. For
purposes of the preceding sentence, consideration other than
cash shall be taken into account at its fair market value.''.
(2) Subsection (a) of section 679 (relating to foreign
trusts having one or more United States beneficiaries) is
amended by adding at the end the following new paragraph:
``(3) Certain obligations not taken into account under fair
market value exception.--
``(A) In general.--In determining whether paragraph (2)(B)
applies to any transfer by a person described in clause (ii)
or (iii) of subparagraph (C), there shall not be taken into
account--
``(i) except as provided in regulations, any obligation of
a person described in subparagraph (C), and
``(ii) to the extent provided in regulations, any
obligation which is guaranteed by a person described in
subparagraph (C).
``(B) Treatment of principal payments on obligation.--
Principal payments by the trust on any obligation referred to
in subparagraph (A) shall be taken into account on and after
the date of the payment in determining the portion of the
trust attributable to the property transferred.
``(C) Persons described.--The persons described in this
subparagraph are--
``(i) the trust,
``(ii) any grantor or beneficiary of the trust, and
``(iii) any person who is related (within the meaning of
section 643(i)(2)(B)) to any grantor or beneficiary of the
trust.''.
(b) Exemption of Transfers to Charitable Trusts.--
Subsection (a) of section 679 is amended by striking
``section 404(a)(4) or 404A'' and inserting ``section
6048(a)(3)(B)(ii)''.
(c) Other Modifications.--Subsection (a) of section 679 is
amended by adding at the end the following new paragraphs:
``(4) Special rules applicable to foreign grantor who later
becomes a united states person.--
``(A) In general.--If a nonresident alien individual has a
residency starting date within 5 years after directly or
indirectly transferring property to a foreign trust, this
section and section 6048 shall be applied as if such
individual transferred to such trust on the residency
starting date an amount equal to the portion of such trust
attributable to the property transferred by such individual
to such trust in such transfer.
``(B) Treatment of undistributed income.--For purposes of
this section, undistributed net income for periods before
such individual's residency starting date shall be taken into
account in determining the portion of the trust which is
attributable to property transferred by such individual to
such trust but shall not otherwise be taken into account.
``(C) Residency starting date.--For purposes of this
paragraph, an individual's residency starting date is the
residency starting date determined under section
7701(b)(2)(A).
``(5) Outbound trust migrations.--If--
``(A) an individual who is a citizen or resident of the
United States transferred property to a trust which was not a
foreign trust, and
``(B) such trust becomes a foreign trust while such
individual is alive,
then this section and section 6048 shall be applied as if
such individual transferred to such trust on the date such
trust becomes a foreign trust an amount equal to the portion
of such trust attributable to the property previously
transferred by such individual to such trust. A rule similar
to the rule of para
[[Page 1095]]
graph (4)(B) shall apply for purposes of this paragraph.''.
(d) Modifications Relating to Whether Trust Has United
States Beneficiaries.--Subsection (c) of section 679 is
amended by adding at the end the following new paragraph:
``(3) Certain united states beneficiaries disregarded.--A
beneficiary shall not be treated as a United States person in
applying this section with respect to any transfer of
property to foreign trust if such beneficiary first became a
United States person more than 5 years after the date of such
transfer.''.
(e) Technical Amendment.--Subparagraph (A) of section
679(c)(2) is amended to read as follows:
``(A) in the case of a foreign corporation, such
corporation is a controlled foreign corporation (as defined
in section 957(a)),''.
(f) Regulations.--Section 679 is amended by adding at the
end the following new subsection:
``(d) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(g) Effective Date.--The amendments made by this section
shall apply to transfers of property after February 6, 1995.
SEC. 414. FOREIGN PERSONS NOT TO BE TREATED AS OWNERS UNDER
GRANTOR TRUST RULES.
(a) General Rule.--
(1) Subsection (f) of section 672 (relating to special rule
where grantor is foreign person) is amended to read as
follows:
``(f) Subpart Not To Result in Foreign Ownership.--
``(1) In general.--Notwithstanding any other provision of
this subpart, this subpart shall apply only to the extent
such application results in an amount (if any) being
currently taken into account (directly or through 1 or more
entities) under this chapter in computing the income of a
citizen or resident of the United States or a domestic
corporation.
``(2) Exceptions.--
``(A) Certain revocable and irrevocable trusts.--Paragraph
(1) shall not apply to any portion of a trust if--
``(i) the power to revest absolutely in the grantor title
to the trust property to which such portion is attributable
is exercisable solely by the grantor without the approval or
consent of any other person or with the consent of a related
or subordinate party who is subservient to the grantor, or
``(ii) the only amounts distributable from such portion
(whether income or corpus) during the lifetime of the grantor
are amounts distributable to the grantor or the spouse of the
grantor.
``(B) Compensatory trusts.--Except as provided in
regulations, paragraph (1) shall not apply to any portion of
a trust distributions from which are taxable as compensation
for services rendered.
``(3) Special rules.--Except as otherwise provided in
regulations prescribed by the Secretary--
``(A) a controlled foreign corporation (as defined in
section 957) shall be treated as a domestic corporation for
purposes of paragraph (1), and
``(B) paragraph (1) shall not apply for purposes of
applying section 1296.
``(4) Recharacterization of purported gifts.--In the case
of any transfer directly or indirectly from a partnership or
foreign corporation which the transferee treats as a gift or
bequest, the Secretary may recharacterize such transfer in
such circumstances as the Secretary determines to be
appropriate to prevent the avoidance of the purposes of this
subsection.
``(5) Special rule where grantor is foreign person.--If--
``(A) but for this subsection, a foreign person would be
treated as the owner of any portion of a trust, and
``(B) such trust has a beneficiary who is a United States
person,
such beneficiary shall be treated as the grantor of such
portion to the extent such beneficiary or any member of such
beneficiary's family (within the meaning of section
267(c)(4)) has made (directly or indirectly) transfers of
property (other than in a sale for full and adequate
consideration) to such foreign person. For purposes of the
preceding sentence, any gift shall not be taken into account
to the extent such gift would be excluded from taxable gifts
under section 2503(b).
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this subsection, including regulations
providing that paragraph (1) shall not apply in appropriate
cases.''.
(2) The last sentence of subsection (c) of section 672 of
such Code is amended by inserting ``subsection (f) and''
before ``sections 674''.
(b) Credit for Certain Taxes.--
(1) Paragraph (2) of section 665(d) is amended by adding at
the end the following new sentence: ``Under rules or
regulations prescribed by the Secretary, in the case of any
foreign trust of which the settlor or another person would be
treated as owner of any portion of the trust under subpart E
but for section 672(f), the term `taxes imposed on the trust'
includes the allocable amount of any income, war profits, and
excess profits taxes imposed by any foreign country or
possession of the United States on the settlor or such other
person in respect of trust income.''.
(2) Paragraph (5) of section 901(b) is amended by adding at
the end the following new sentence: ``Under rules or
regulations prescribed by the Secretary, in the case of any
foreign trust of which the settlor or another person would be
treated as owner of any portion of the trust under subpart E
but for section 672(f), the allocable amount of any income,
war profits, and excess profits taxes imposed by any foreign
country or possession of the United States on the settlor or
such other person in respect of trust income.''.
(c) Distributions by Certain Foreign Trusts Through
Nominees.--
(1) Section 643 is amended by adding at the end the
following new subsection:
``(h) Distributions by Certain Foreign Trusts Through
Nominees.--For purposes of this part, any amount paid to a
United States person which is derived directly or indirectly
from a foreign trust of which the payor is not the grantor
shall be deemed in the year of payment to have been directly
paid by the foreign trust to such United States person.''.
(2) Section 665 is amended by striking subsection (c).
(d) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Exception for certain trusts.--The amendments made by
this section shall not apply to any trust--
(A) which is treated as owned by the grantor under section
676 or 677 (other than subsection (a)(3) thereof) of the
Internal Revenue Code of 1986, and
(B) which is in existence on September 19, 1995.
The preceding sentence shall not apply to the portion of any
such trust attributable to any transfer to such trust after
September 19, 1995.
(e) Transitional Rule.--If--
(1) by reason of the amendments made by this section, any
person other than a United States person ceases to be treated
as the owner of a portion of a domestic trust, and
(2) before January 1, 1997, such trust becomes a foreign
trust, or the assets of such trust are transferred to a
foreign trust,
no tax shall be imposed by section 1491 of the Internal
Revenue Code of 1986 by reason of such trust becoming a
foreign trust or the assets of such trust being transferred
to a foreign trust.
SEC. 415. INFORMATION REPORTING REGARDING FOREIGN GIFTS.
(a) In General.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6039E the
following new section:
``SEC. 6039F. NOTICE OF LARGE GIFTS RECEIVED FROM FOREIGN
PERSONS.
``(a) In General.--If the value of the aggregate foreign
gifts received by a United States person (other than an
organization described in section 501(c) and exempt from tax
under section 501(a)) during any taxable year exceeds
$10,000, such United States person shall furnish (at such
time and in such manner as the Secretary shall prescribe)
such information as the Secretary may prescribe regarding
each foreign gift received during such year.
``(b) Foreign Gift.--For purposes of this section, the term
`foreign gift' means any amount received from a person other
than a United States person which the recipient treats as a
gift or bequest. Such term shall not include any qualified
transfer (within the meaning of section 2503(e)(2)) or any
distribution properly disclosed in a return under section
6048(c).
``(c) Penalty for Failure To File Information.--
``(1) In general.--If a United States person fails to
furnish the information required by subsection (a) with
respect to any foreign gift within the time prescribed
therefor (including extensions)--
``(A) the tax consequences of the receipt of such gift
shall be determined by the Secretary, and
``(B) such United States person shall pay (upon notice and
demand by the Secretary and in the same manner as tax) an
amount equal to 5 percent of the amount of such foreign gift
for each month for which the failure continues (not to exceed
25 percent of such amount in the aggregate).
``(2) Reasonable cause exception.--Paragraph (1) shall not
apply to any failure to report a foreign gift if the United
States person shows that the failure is due to reasonable
cause and not due to willful neglect.
``(d) Cost-of-Living Adjustment.--In the case of any
taxable year beginning after December 31, 1996, the $10,000
amount under subsection (a) shall be increased by an amount
equal to the product of such amount and the cost-of-living
adjustment for such taxable year under section 1(f)(3),
except that subparagraph (B) thereof shall be applied by
substituting `1995' for `1992'.
``(e) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for such
subpart is amended by inserting after the item relating to
section 6039E the following new item:
``Sec. 6039F. Notice of large gifts received from foreign persons.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received after the date of the
enactment of this Act in taxable years ending after such
date.
[[Page 1096]]
SEC. 416. MODIFICATION OF RULES RELATING TO FOREIGN TRUSTS
WHICH ARE NOT GRANTOR TRUSTS.
(a) Modification of Interest Charge on Accumulation
Distributions.--Subsection (a) of section 668 (relating to
interest charge on accumulation distributions from foreign
trusts) is amended to read as follows:
``(a) General Rule.--For purposes of the tax determined
under section 667(a)--
``(1) Interest determined using underpayment rates.--The
interest charge determined under this section with respect to
any distribution is the amount of interest which would be
determined on the partial tax computed under section 667(b)
for the period described in paragraph (2) using the rates and
the method under section 6621 applicable to underpayments of
tax.
``(2) Period.--For purposes of paragraph (1), the period
described in this paragraph is the period which begins on the
date which is the applicable number of years before the date
of the distribution and which ends on the date of the
distribution.
``(3) Applicable number of years.--For purposes of
paragraph (2)--
``(A) In general.--The applicable number of years with
respect to a distribution is the number determined by
dividing--
``(i) the sum of the products described in subparagraph (B)
with respect to each undistributed income year, by
``(ii) the aggregate undistributed net income.
The quotient determined under the preceding sentence shall be
rounded under procedures prescribed by the Secretary.
``(B) Product described.--For purposes of subparagraph (A),
the product described in this subparagraph with respect to
any undistributed income year is the product of--
``(i) the undistributed net income for such year, and
``(ii) the sum of the number of taxable years between such
year and the taxable year of the distribution (counting in
each case the undistributed income year but not counting the
taxable year of the distribution).
``(4) Undistributed income year.--For purposes of this
subsection, the term `undistributed income year' means any
prior taxable year of the trust for which there is
undistributed net income, other than a taxable year during
all of which the beneficiary receiving the distribution was
not a citizen or resident of the United States.
``(5) Determination of undistributed net income.--
Notwithstanding section 666, for purposes of this subsection,
an accumulation distribution from the trust shall be treated
as reducing proportionately the undistributed net income for
undistributed income years.
``(6) Periods before 1996.--Interest for the portion of the
period described in paragraph (2) which occurs before January
1, 1996, shall be determined--
``(A) by using an interest rate of 6 percent, and
``(B) without compounding until January 1, 1996.''.
(b) Abusive Transactions.--Section 643(a) is amended by
inserting after paragraph (6) the following new paragraph:
``(7) Abusive transactions.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry
out the purposes of this part, including regulations to
prevent avoidance of such purposes.''.
(c) Treatment of Loans From Trusts.--
(1) In general.--Section 643 (relating to definitions
applicable to subparts A, B, C, and D) is amended by adding
at the end the following new subsection:
``(i) Loans From Foreign Trusts.--For purposes of subparts
B, C, and D--
``(1) General rule.--Except as provided in regulations, if
a foreign trust makes a loan of cash or marketable securities
directly or indirectly to--
``(A) any grantor or beneficiary of such trust who is a
United States person, or
``(B) any United States person not described in
subparagraph (A) who is related to such grantor or
beneficiary,
the amount of such loan shall be treated as a distribution by
such trust to such grantor or beneficiary (as the case may
be).
``(2) Definitions and special rules.--For purposes of this
subsection--
``(A) Cash.--The term `cash' includes foreign currencies
and cash equivalents.
``(B) Related person.--
``(i) In general.--A person is related to another person if
the relationship between such persons would result in a
disallowance of losses under section 267 or 707(b). In
applying section 267 for purposes of the preceding sentence,
section 267(c)(4) shall be applied as if the family of an
individual includes the spouses of the members of the family.
``(ii) Allocation.--If any person described in paragraph
(1)(B) is related to more than one person, the grantor or
beneficiary to whom the treatment under this subsection
applies shall be determined under regulations prescribed by
the Secretary.
``(C) Exclusion of tax-exempts.--The term `United States
person' does not include any entity exempt from tax under
this chapter.
``(D) Trust not treated as simple trust.--Any trust which
is treated under this subsection as making a distribution
shall be treated as not described in section 651.
``(3) Subsequent transactions regarding loan principal.--If
any loan is taken into account under paragraph (1), any
subsequent transaction between the trust and the original
borrower regarding the principal of the loan (by way of
complete or partial repayment, satisfaction, cancellation,
discharge, or otherwise) shall be disregarded for purposes of
this title.''.
(2) Technical amendment.--Paragraph (8) of section 7872(f)
is amended by inserting ``, 643(i),'' before ``or 1274'' each
place it appears.
(d) Effective Dates.--
(1) Interest charge.--The amendment made by subsection (a)
shall apply to distributions after the date of the enactment
of this Act.
(2) Abusive transactions.--The amendment made by subsection
(b) shall take effect on the date of the enactment of this
Act.
(3) Loans from trusts.--The amendment made by subsection
(c) shall apply to loans of cash or marketable securities
made after September 19, 1995.
SEC. 417. RESIDENCE OF TRUSTS, ETC.
(a) Treatment as United States Person.--
(1) In general.--Paragraph (30) of section 7701(a) is
amended by striking ``and'' at the end of subparagraph (C)
and by striking subparagraph (D) and by inserting the
following new subparagraphs:
``(D) any estate (other than a foreign estate, within the
meaning of paragraph (31)), and
``(E) any trust if--
``(i) a court within the United States is able to exercise
primary supervision over the administration of the trust, and
``(ii) one or more United States fiduciaries have the
authority to control all substantial decisions of the
trust.''.
(2) Conforming amendment.--Paragraph (31) of section
7701(a) is amended to read as follows:
``(31) Foreign estate or trust.--
``(A) Foreign estate.--The term `foreign estate' means an
estate the income of which, from sources without the United
States which is not effectively connected with the conduct of
a trade or business within the United States, is not
includible in gross income under subtitle A.
``(B) Foreign trust.--The term `foreign trust' means any
trust other than a trust described in subparagraph (E) of
paragraph (30).''.
(3) Effective date.--The amendments made by this subsection
shall apply--
(A) to taxable years beginning after December 31, 1996, or
(B) at the election of the trustee of a trust, to taxable
years ending after the date of the enactment of this Act.
Such an election, once made, shall be irrevocable.
(b) Domestic Trusts Which Become Foreign Trusts.--
(1) In general.--Section 1491 (relating to imposition of
tax on transfers to avoid income tax) is amended by adding at
the end the following new flush sentence:
``If a trust which is not a foreign trust becomes a foreign
trust, such trust shall be treated for purposes of this
section as having transferred, immediately before becoming a
foreign trust, all of its assets to a foreign trust.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
After debate,
The SPEAKER pro tempore, Mrs. MORELLA, pursuant to the special order
heretofore agreed to, announced that further consideration of the bill
was postponed.
para.55.25 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. DICKEY, for today after 6 p.m. and balance of the week;
To Mr. HOUGHTON, for today until 5:30 p.m.; and
To Mrs. FOWLER, for today until 11:30 a.m.
And then,
para.55.26 adjournment
On motion of Mr. KINGSTON, at 11 o'clock and 55 minutes p.m., the
House adjourned.
para.55.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the property calendar, as
follows:
Mr. HYDE: Committee on the Judiciary. H.R. 2604. A bill to
amend title 28, United States Code, to authorize the
appointment of additional bankruptcy judges, and for other
purposes (Rept. No. 104-569). Referred to the Committee of
the Whole House on the State of the Union.
Mr. SOLOMON: Committee on Rules. House Resolution 430.
Resolution providing for consideration of the bill (H.R.
3230) to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 1997,
and for other purposes (Rept. No. 104-570). Referred to the
House Calendar.
para.55.28 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolu
[[Page 1097]]
tions were introduced and severally referred as follows:
By Mr. BONO (for himself, Mr. McCollum, Mr. Smith of
Texas, Mr. Barr, and Mr. Flanagan):
H.R. 3422. A bill to amend chapter 1 of title 9 of the
United States Code to permit each party to certain contracts
to accept or reject arbitration as a means of settling
disputes under the contracts; to the Committee on the
Judiciary.
By Mr. CAMPBELL (for himself, Mr. McIntosh, Mr.
Clinger, Mr. Packard, Mr. Bono, Mr. Upton, Mr. Horn,
Mr. Scarborough, Mr. Largent, Mr. Castle, and Mr.
Zeliff):
H.R. 3423. A bill to provide that an individual may not
serve more than two terms as a member of any independent
regulatory commission, and to authorize an individual to
continue to serve as a member of an independent regulatory
commission for not more than 1 year following the expiration
of the term of the individual; to the Committee on Government
Reform and Oversight.
By Mr. JOHNSON of South Dakota (for himself and Mr.
Pomeroy):
H.R. 3424. A bill to amend the Agricultural Marketing Act
of 1946 and the Packers and Stockyards Act, 1921, to provide
for increased regulation of slaughterhouses; to the Committee
on Agriculture.
By Mr. KLECZKA (for himself, Mr. Stark, Mr. Gibbons,
Mr. Jacobs, Mr. Pallone, Mr. Cardin, Mr. Matsui, Mr.
Lewis of Georgia, Mr. Coyne, Mrs. Kennelly, Mr.
McDermott, Mr. Neal of Massachusetts, Mr. Payne of
Virginia, Mr. Rangel, Mr. McNulty, Mr. Levin, Mr.
Ford, and Ms. McKinney):
H.R. 3425. A bill to amend the Internal Revenue Code of
1986 to require health insurance coverage and group health
plans that provide coverage of childbirth to provide coverage
for a minimum inpatient stay following childbirth; to the
Committee on Ways and Means.
By Mr. KLUG (for himself, Mr. Stark, and Mr. Nussle):
H.R. 3426. A bill to amend title XVIII of the Social
Security Act to apply standards to outpatient physical
therapy provided as an incident to a physician's professional
services; to the Committee on Commerce, and in addition to
the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NETHERCUTT (for himself, Mr. Hostettler, Mr.
Crane, Mr. McIntosh, and Ms. Dunn of Washington):
H.R. 3427. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for the old-age, survivors, and
disability insurance taxes paid by employees and self-
employed individuals, and for other purposes; to the
Committee on Ways and Means.
By Mr. OXLEY:
H.R. 3428. A bill for the relief of certain former spouses
of employees of the Federal Government; to the Committee on
Government Reform and Oversight.
By Mr. SAXTON:
H.R. 3429. A bill to amend the Safe Drinking Water Act to
provide for annual consumer confidence reports regarding
contaminants in drinking water; to the Committee on Commerce.
By Mr. UPTON (for himself and Mr. Farr):
H.R. 3430. A bill to amend the Internal Revenue Code of
1986 to eliminate the requirement that States pay
unemployment compensation on the basis of services performed
by election workers; to the Committee on Ways and Means.
By Mr. WHITFIELD (for himself, Mr. Oxley, Mr. Stearns,
and Mrs. Collins of Illinois):
H.R. 3431. A bill to amend the Armored Car Industry
Reciprocity Act of 1993 to clarify certain requirements and
to improve the flow of interstate commerce; to the Committee
on Commerce.
By Mr. WICKER (for himself, Mr. Taylor of Mississippi,
and Mr. Parker):
H.R. 3432. A bill to designate certain locks and dams of
the Tennessee-Tombigbee Waterway; to the Committee on
Transportation and Infrastructure.
By Mr. FORBES:
H. Con. Res. 173. Concurrent resolution expressing the
sense of the Congress that a postage stamp should be issued
in recognition of the services rendered by this Nation's
volunteer firefighters; to the Committee on Government Reform
and Oversight.
By Mr. NEUMANN:
H. Con. Res. 174. Concurrent resolution establishing the
congressional budget for the U.S. Government for fiscal year
1997 and setting forth appropriate budgetary levels for
fiscal years 1998, 1999, 2000, 2001, and 2002; to the
Committee on the Budget.
By Mr. MARKEY (for himself, Ms. Pelosi, Mr. Bryant of
Texas, and Mr. Spratt):
H. Res. 429. Resolution expressing the sense of the House
of Representatives with respect to the compliance of the
People's Republic of China with its intellectual property
rights enforcement agreement with the United States and its
accession to the World Trade Organization; to the Committee
on Ways and Means.
para.55.29 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Watt of North Carolina and Mr. Condit.
H.R. 103: Mr. Hall of Texas and Mr. Quinn.
H.R. 303: Mr. Condit, Mr. Thompson, and Mr. Torkildsen.
H.R. 350: Mr. Dickey.
H.R. 351: Mr. Bereuter, Mr. Baker of Louisiana, Mr. Barr,
and Mr. Hoke.
H.R. 598: Mr. Allard, Mr. LaFalce, Mr. Barr, Mr. Baldacci,
Mr. Edwards, and Mr. Spence.
H.R. 820: Mr. Coburn, Mr. Lightfoot, Mr. Allard, Mr. Foley,
Mr. Chapman, Ms. Woolsey, Mr. Roth, and Mr. Bentsen.
H.R. 911: Mr. Hayworth and Mr. Williams.
H.R. 957: Mr. Campbell.
H.R. 972: Mr. Barcia of Michigan.
H.R. 1003: Mr. Baker of California.
H.R. 1046: Mr. Sisisky.
H.R. 1090: Mr. Watts of Oklahoma.
H.R. 1110: Mr. Neumann.
H.R. 1136: Ms. McKinney, Mr. Moakley, Mr. Neal of
Massachusetts, and Mr. Dooley.
H.R. 1423: Mrs. Lowey.
H.R. 1462: Mr. Hobson, Mr. Fields of Texas, Mrs. Maloney,
Mrs. Seastrand, Mr. Wolf, Mr. Bereuter, Mr. Jacobs, Mr.
Owens, Mr. Wilson, Mr. LaFalce, Mr. Bunn of Oregon, and Mr.
Nadler.
H.R. 1483: Mr. Clement, Mr. Bishop, and Mr. Doyle.
H.R. 1484: Mr. Hastings of Florida.
H.R. 1666: Mr. Ehlers.
H.R. 1701: Mr. Luther.
H.R 1733: Ms. Woolsey and Mrs. Smith of Washington.
H.R. 1776: Mr. Portman, Mr. Zimmer, Mr. Visclosky, Mr.
Pickett, Mr. Myers of Indiana, and Mr. Borski.
H.R. 2026: Mr. Deutsch, Mr. Gejdenson, Mr. Frazer, Mrs.
Fowler, Mr. Franks of Connecticut, Mr. Sam Johnson, Mr.
Kingston, Mrs. Myrick, and Mr. Spence.
H.R. 2065: Mr. Klink.
H.R. 2144: Mr. Klug.
H.R. 2270: Mr. Baker of Louisiana, Mr. English of
Pennsylvania, Mr. Bliley, Mr. Duncan, Mr. Tauzin, and Mr.
Gillmor.
H.R. 2335: Mr. Ehlers, Mr. Watts of Oklahoma, Mr. Lewis of
Georgia, Mr. Linder, Mr. Crapo, Mrs. Vucanovich, Mr. Hancock,
Mr. Neumann, Mrs. Chenoweth, Mr. Jefferson, Mr. Barr, Mr.
Ehrlich, Mr. Young of Alaska, Mr. Wise, and Mr. Istook.
H.R. 2500: Mr. Rogers, Mr. Christensen, and Ms. Greene of
Utah.
H.R. 2530: Mr. Luther.
H.R. 2582: Mr. Oxley and Mr. Ewing.
H.R. 2604: Mr. Horn.
H.R. 2701: Mrs. Meek of Florida.
H.R. 2705: Ms. Millender-McDonald, Mr. Baldacci, Mr.
Bishop, Mr. Coyne, Mr. Gutierrez, Ms. Jackson-Lee, Ms. Eddie
Bernice Johnson of Texas, Mr. Mascara, Mr. Moran, Mr. Scott,
and Mr. Holden.
H.R. 2820: Mr. Roberts.
H.R. 2927: Mr. Ney and Mrs. Cubin.
H.R. 2943: Mr. Porter.
H.R. 3079: Mr. Hutchinson.
H.R. 3119: Mr. Watts of Oklahoma, Ms. Slaughter, and Mr.
Pickett.
H.R. 3142: Mr. Weller, Mr. Baker of Louisiana, Mr. Shaw,
Mr. Browder, Mr. Williams, Mr. Zimmer, and Mr. Edwards.
H.R. 3173: Mr. Flanagan, Mr. Dixon, and Mr. Gordon.
H.R. 3187: Mr. DeFazio, Mr. Nadler, Ms. Rivers, Mr. Filner,
Mr. Payne of New Jersey, Mr. Oberstar, Miss Collins of
Michigan, Mr. Cummings, and Mr. Wynn.
H.R. 3195: Mr. Fields of Texas and Mr. Hoekstra.
H.R. 3226: Mrs. Thurman, Mr. Barrett of Wisconsin, and Mr.
Lipinski.
H.R. 3244: Mr. Fazio of California.
H.R. 3246: Mr. Stokes.
H.R. 3250: Mrs. Kelly, Mr. Wise, Mr. Porter, Ms. Pelosi,
Mr. Hinchey, and Mr. Nussle.
H.R. 3275: Mr. Baker of Louisiana.
H.R. 3305: Mr. Ney and Mr. Graham.
H.R. 3310: Mr. Coble and Mr. Duncan.
H.R. 3324: Mr. Ensign and Mr. Hoekstra.
H.R. 3338: Mr. Pombo.
H.R. 3348: Mr. Fox.
H.R. 3354: Mr. Peterson of Minnesota and Mr. Stump.
H.R. 3383: Mr. Boehlert.
H.R. 3392: Mrs. Schroeder, Mr. Oberstar, Mr. Hastings of
Florida, Mr. Becerra, and Mr. Baldacci.
H.R. 3396: Mr. Istook, Mr. Dornan, Mr. Stockman, Mr. Deal
of Georgia, Mr. Burton of Indiana, Mr. Petri, Mr. Collins of
Georgia, Mr. Ney, Mr. Cooley, Mr. Hilleary, Mr. Funderburk,
and Mr. Norwood.
H.R. 3398: Mrs. Kelly, Ms. Rivers, Mr. Hyde, Mr. Flanagan,
and Mr. Pallone.
H. Con. Res. 10: Mr. Barr and Mr. Dingell.
H. Con. Res. 139: Mr. Boehlert.
H. Con. Res. 151: Mr. Evans.
H. Con. Res. 154: Mr. Flake, Mr. Levin, Mrs. Lowey, and Mr.
Meehan.
H. Con. Res. 169: Mr. Funderburk, Mr. Petri, Mr. Stump, Mr.
Rohrabacher, Mr. Foley, Mr. Buyer, Mr. Portman, Mr. Hastert,
Mr. Skeen, Mr. Baker of Louisiana, Mr. Dornan, Mr. Weldon of
Florida, Mr. Schiff, Mr. Schaefer, Mr. Campbell, Mr. Franks
of New Jersey, Mr. Ehrlich, Mr. Manzullo, Mr. Clinger, Mr.
Crapo, Mr. McKeon, Mr. King, Mr. Largent, Mr. LaHood, and Mr.
Whitfield.
H. Res. 30: Mr. Bilirakis, Mr. Regula, and Mr. Campbell.
H. Res. 49: Mr. Manzullo.
H. Res. 348: Mr. Hilleary, Mrs. Kelly, and Mr. Barr.
para.55.30 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
[[Page 1098]]
H.R. 2086: Mr. Green of Texas.
.
FRIDAY, MAY 10, 1996 (56)
para.56.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. ROGERS,
who laid before the House the following communication:
Washington, DC,
May 10, 1996.
I hereby designate the Honorable Harold Rogers to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.56.2 approval of the journal
The SPEAKER pro tempore, Mr. ROGERS, announced he had examined and
approved the Journal of the proceedings of Thursday, May 9, 1996.
Mr. SOLOMON, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. ROGERS, announced that the yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.56.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2938. A letter from the Chair, National Commission on
Libraries and Information Science, transmitting the 24th
annual report of the activities of the Commission covering
the period October 1, 1994, through September 30, 1995,
pursuant to 20 U.S.C. 1504; to the Committee on Economic and
Educational Opportunities.
2939. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Valuation of Plan
Benefits in Single-Employer Plans; Valuation of Plan Benefits
and Plan Assets Following Mass Withdrawal; Amendments
Adopting Additional PHGC Rates (29 CFR Parts 2619 and 2676)
received May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Economic and Educational Opportunities.
2940. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--Use of
Electronic Media by Broker-Dealers, Transfer Agents, and
Investment Advisers for Delivery of Information; Additional
Examples Under the Securities Act of 1933, Securities
Exchange Act of 1934, and Investment Company Act of 1940--
received May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2941. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--Use of
Electronic Media for Delivery Purposes (RIN: 3235-AG67)
received May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2942. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to the
International Telecommunications Satellite Organization
[INTELSAT] (Transmittal No. DTC-25-96), pursuant to 22 U.S.C.
2776(c); to the Committee on International Relations.
2943. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-22: Determination
Pursuant to Section 2(c)(1) of the Migration and Refugee
Assistance Act of 1962, as amended, pursuant to 22 U.S.C.
2601(c)(3); to the Committee on International Relations.
2944. A letter from the Chairman, Federal Maritime
Commission, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1995,
through March 1, 1996, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) Sec. 5(b); to the Committee on Government Reform and
Oversight.
2945. A letter from the Administrator, General Services
Administration, transmitting a draft of proposed legislation
entitled the ``Relocation Benefits Reinvention Act of 1996'';
to the Committee on Government Reform and Oversight.
2946. A letter from the Director, Office of Personnel
Management, transmitting a draft of proposed legislation
entitled the ``Federal Employment Reduction Assistance Act of
1996''; to the Committee on Government Reform and Oversight.
2947. A letter from the Secretary of Agriculture,
transmitting notification of the Secretary's intention to
award specific watershed restoration contracts on National
Forest System lands outside the standard full and open
competition procedures required by the Competition in
Contracting Act of 1984, pursuant to 41 U.S.C. 253(c)(7); to
the Committee on Government Reform and Oversight.
2948. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Marine Mammal Special Exception Permits to Take,
Import and Export Marine Mammals; Update of Office of
Management and Budget (RIN: 0648-AD11) received May 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
2949. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's final
rule--Final Guidelines for the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration
(RIN: 1105-AA36) received May 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
2950. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace, Hollister, CA--Docket No.
95-AWP-13 (RIN: 2120-AA66) (1996-0017) received May 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2951. A letter from the Acting General Counsel, Department
of Commerce, transmitting a draft of proposed legislation
entitled the ``Weather Service Modernization Streamlining Act
of 1996''; to the Committee on Science.
2952. A letter from the Deputy Assistant Administrator for
Ocean Services and Coastal Zone Management, National Ocean
Service, transmitting the Service's final rule--Ocean Thermal
Energy Conservation Licensing Program (RIN: 0648-AI42)
received May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Science.
2953. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Medical; VA Health Professional
Scholarship Program, Correction (RIN: 2900-AH99) received May
9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Veterans' Affairs.
2954. A letter from the Director, Bureau of Alcohol,
Tobacco and Firearms, transmitting the Bureau's final rule--
Technical Amendments--received May 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
2955. A letter from the Chief, Regulations Unit, Department
of the Treasury, transmitting the Department's final rule--
Information Reporting and Backup Withholding (RIN: 1545-AL99)
received May 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
2956. A letter from the Chairman, International Trade
Commission, transmitting a draft of proposed legislation to
provide authorization of appropriations for the U.S.
International Trade Commission for fiscal year 1998, pursuant
to 31 U.S.C. 1110; to the Committee on Ways and Means.
2957. A letter from the General Counsel, Department of
Transportation, transmitting copies of the fiscal year 1997
budget requests of the Federal Aviation Administration to the
Department, including requests for facilities and equipment
and research, engineering, and development, pursuant to 49
U.S.C. app. 2205(f); jointly, to the Committees on
Transportation and Infrastructure and Science.
2958. A letter from the General Counsel, Department of the
Treasury, transmitting a draft of proposed legislation to
provide for the participation of the United States in the
Bank for Economic Cooperation and Development in the Middle
East and North Africa; jointly, to the Committees on Banking
and Financial Services, the Judiciary, and Commerce.
2959. A letter from the General Counsel, Department of
Defense, transmitting a draft of proposed legislation
entitled the ``Department of Defense Civilian Intelligence
Personnel Reform Act''; jointly, to the Committees on
Intelligence (Permanent Select), National Security, and
Government Reform and Oversight.
2960. A letter from the Director, Central Intelligence
Agency, transmitting a draft of proposed legislation entitled
the ``Intelligence Authorization Act for Fiscal Year 1997,''
pursuant to 31 U.S.C. 1110; jointly, to the Committees on
Intelligence (Permanent Select), Naational Security, the
Judiciary, and Government Reform and Oversight.
para.56.4 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. ROGERS, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Thursday, May 9, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. ROGERS, announced that the yeas had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 1099]]
Yeas
317
Nays
71
When there appeared
<3-line {>
Answered present
1
para.56.5 [Roll No. 163]
YEAS--317
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flake
Foley
Forbes
Ford
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Ganske
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hayworth
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Mink
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Parker
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pombo
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torres
Traficant
Upton
Vento
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
White
Whitfield
Wilson
Wise
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
NAYS--71
Becerra
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bunn
Clyburn
Coleman
Costello
DeFazio
Durbin
English
Ensign
Everett
Fazio
Filner
Flanagan
Foglietta
Fox
Funderburk
Furse
Gephardt
Gillmor
Green (TX)
Gutierrez
Gutknecht
Hall (OH)
Hastings (FL)
Hefley
Hefner
Heineman
Hilleary
Hilliard
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson, E. B.
Klink
LaFalce
Latham
Levin
Lewis (GA)
Longley
Matsui
McDermott
McNulty
Meek
Menendez
Olver
Owens
Pallone
Pastor
Pickett
Sabo
Stark
Stockman
Taylor (MS)
Thompson
Thornton
Torkildsen
Towns
Velazquez
Visclosky
Volkmer
Weller
Wicker
Wolf
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--44
Abercrombie
Armey
Baker (LA)
Beilenson
Berman
Bevill
Bryant (TX)
Chapman
Clay
Collins (IL)
Danner
Dickey
Dixon
Dornan
Engel
Gallegly
Gejdenson
Gibbons
Hastings (WA)
Herger
Hinchey
Hoke
Holden
Jefferson
Laughlin
Martini
McDade
Millender-McDonald
Miller (CA)
Moakley
Molinari
Oberstar
Paxon
Pomeroy
Portman
Roberts
Rose
Schroeder
Smith (MI)
Tanner
Torricelli
Waters
Weldon (PA)
Williams
So the Journal was approved.
para.56.6 adoption promotion and stability
The SPEAKER pro tempore, Mrs. MORELLA, announced the unfinished
business was the further consideration of the bill (H.R. 3286) to help
families defray adoption costs, and to promote the adoption of minority
children; as amended.
Mr. YOUNG of Alaska, pursuant to the order of the House of Thursday,
May 9, 1996, submitted the following amendment:
Strike title III.
After debate,
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mrs. MORELLA, announced that the nays had it.
Mr. YOUNG of Alaska objected to the vote on the ground that a quorum
was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
195
When there appeared
<3-line {>
Nays
212
para.56.7 [Roll No. 164]
YEAS--195
Abercrombie
Ackerman
Allard
Andrews
Baesler
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Bishop
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Callahan
Calvert
Camp
Chapman
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Cooley
Coyne
Cramer
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford
Frank (MA)
Frelinghuysen
Frost
Furse
Gekas
Gephardt
Gilchrest
Gonzalez
Gordon
Green (TX)
Gutierrez
Hansen
Harman
Hastings (FL)
Hayworth
Hefner
Hilliard
Hinchey
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Kolbe
LaFalce
Lantos
LaTourette
Levin
Lewis (CA)
Lewis (GA)
LoBiondo
Lofgren
Lowey
Lucas
Maloney
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McInnis
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Mollohan
Montgomery
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Porter
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schiff
Schumer
Scott
Serrano
Shays
Shuster
Skaggs
Skeen
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tauzin
Taylor (NC)
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Velazquez
Vento
Volkmer
Vucanovich
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Wise
Woolsey
Wynn
Yates
Young (AK)
NAYS--212
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Bartlett
Barton
Bass
Bentsen
Bilbray
Bilirakis
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Ganske
Geren
Gibbons
Gillmor
Gilman
[[Page 1100]]
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hefley
Heineman
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Johnston
Kaptur
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
LaHood
Largent
Latham
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Luther
Manton
Manzullo
McCollum
McCrery
McHale
McHugh
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Peterson (FL)
Petri
Pombo
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Taylor (MS)
Tejeda
Thornberry
Tiahrt
Torricelli
Traficant
Upton
Visclosky
Walker
Walsh
Wamp
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--26
Baker (LA)
Berman
Bevill
Clay
Collins (IL)
Dickey
Dicks
Gallegly
Gejdenson
Hayes
Herger
Holden
Jefferson
Laughlin
Lincoln
McDade
Miller (CA)
Moakley
Molinari
Paxon
Portman
Roberts
Schroeder
Tanner
Weldon (PA)
Williams
So the amendment was not agreed to.
Pursuant to House Resolution 428, the previous question was ordered on
the bill, as amended.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mrs. MORRELLA, announced that the yeas had
it.
Mrs. PRYCE demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
393
<3-line {>
affirmative
Nays
15
para.56.8 [Roll No. 165]
AYES--393
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Ganske
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zeliff
Zimmer
NOES--15
Abercrombie
Baesler
Clyburn
Collins (MI)
Conyers
Dellums
Fattah
Furse
Hilliard
Kennedy (RI)
Meek
Mink
Thompson
Waters
Young (AK)
NOT VOTING--25
Baker (LA)
Berman
Bevill
Clay
Collins (IL)
Dickey
Dicks
Gallegly
Gejdenson
Hayes
Herger
Holden
Jefferson
Laughlin
McDade
Miller (CA)
Moakley
Molinari
Paxon
Portman
Roberts
Schroeder
Tanner
Weldon (PA)
Williams
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.56.9 providing for the consideration of h.r. 3230
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 430):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3230) to authorize appropriations for fiscal
year 1997 for military activities of the Department of
Defense, to prescribe military personnel strengths for fiscal
year 1997, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and the amendments made in order by this
resolution and shall not exceed two hours equally divided and
controlled by the chairman and ranking minority member of the
Committee on National Security. After general debate the bill
shall be considered for amendment under the five-minute rule.
Sec. 2. (a) It shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
the amendment in the nature of a substitute recommended by
the Committee on National Security now printed in the bill.
The committee amendment in the nature of a substitute shall
be considered as read. All points of order against the
committee amendment in the nature of a substitute are waived.
(b) No amendment to the committee amendment in the nature
of a substitute shall be in order except the amendments
printed in the report of the Committee on Rules accompanying
this resolution and amendments en bloc described in section 3
of this resolution.
(c) Except as specified in section 4 of this resolution,
each amendment printed in the report of the Committee on
Rules shall be considered only in the order printed in the
report, may be offered only by a Member des
[[Page 1101]]
ignated in the report, shall be considered as read, and shall
not be subject to a demand for division of the question in
the House or in the Committee of the Whole. Unless otherwise
specified in the report of the Committee on Rules, each
amendment printed in the report shall be debatable for ten
minutes equally divided and controlled by the proponent and
an opponent and shall not be subject to amendment (except
that the chairman or ranking minority member of the Committee
on National Security each may offer one pro forma amendment
for the purpose of further debate on any pending amendment).
(d) All points of order against amendments printed in the
report of the Committee on Rules or amendments en bloc
described in section 3 of this resolution are waived.
(e) Consideration of the first two amendments in part A of
the report of the Committee on Rules shall begin with an
additional period of general debate, which shall be confined
to the subject of cooperative threat reduction with the
states of the former Soviet Union and shall not exceed forty
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on National
Security.
Sec. 3. It shall be in order at any time for the chairman
of the Committee on National Security or his designee to
offer amendments en bloc consisting of amendments printed in
part B of the report of the Committee on Rules accompanying
this resolution not earlier disposed of or germane
modifications of any such amendment. Amendments en bloc
offered pursuant to this section shall be considered as read
(except that modifications shall be reported), shall be
debatable for twenty minutes equally divided and controlled
by the chairman and ranking minority member of the Committee
on National Security or their designees, shall not be subject
to amendment, and shall not be subject to a demand for
division of the question in the House or in the Committee of
the Whole. For the purpose of inclusion in such amendments en
bloc, an amendment printed in the form of a motion to strike
may be modified to the form of germane perfecting amendment
to the text originally proposed to the stricken. The original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
Sec. 4. (a) The chairman of the Committee of the Whole may
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment made in order by this resolution.
(b) The chairman of the Committee of the Whole may reduce
to not less than five minutes the time for voting by
electronic device on any postponed question that immediately
follows another vote by electronic device without intervening
business, provided that the time for voting by electronic
device on the first in any series of questions shall be not
less than fifteen minutes.
(c) The chairman of the Committee of the Whole may
recognize for consideration of any amendment made in order by
this resolution out of the order printed, but not sooner than
one hour after the chairman of the Committee on National
Security or a designee announces from the floor a request to
that effect.
Sec. 5. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute,
as modified. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
Mr. DELLUMS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
235
When there appeared
<3-line {>
Nays
149
para.56.10 [Roll No. 166]
YEAS--235
Abercrombie
Allard
Archer
Armey
Bachus
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Bonilla
Bono
Brewster
Browder
Brown (FL)
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, E. B.
Johnson, Sam
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Oxley
Packard
Parker
Petri
Pombo
Porter
Pryce
Quillen
Quinn
Radanovich
Ramstad
Rangel
Regula
Richardson
Riggs
Rogers
Rohrabacher
Rose
Roth
Royce
Salmon
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Torkildsen
Traficant
Vucanovich
Walker
Walsh
Wamp
Waters
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NAYS--149
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bishop
Bonior
Borski
Boucher
Brown (CA)
Bryant (TX)
Bunn
Cardin
Castle
Chapman
Clyburn
Collins (MI)
Condit
Costello
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Doggett
Doyle
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Furse
Ganske
Gephardt
Gibbons
Gonzalez
Gordon
Gutierrez
Hamilton
Harman
Hastings (FL)
Hilliard
Hinchey
Hoke
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnston
Kanjorski
Kennedy (MA)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Millender-McDonald
Minge
Mink
Moran
Morella
Nadler
Neal
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Reed
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Thurman
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Weller
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--49
Baker (CA)
Baker (LA)
Berman
Bevill
Boehner
Brown (OH)
Brownback
Clay
Collins (IL)
Conyers
Cunningham
Dickey
Dicks
Dooley
Ensign
Fields (TX)
Ford
Gallegly
Gejdenson
Gunderson
Hall (OH)
Hayes
Herger
Holden
Jefferson
Jones
Kaptur
Laughlin
Markey
McDade
Menendez
Miller (CA)
Moakley
Molinari
Paxon
Portman
Roberts
Ros-Lehtinen
Roukema
Scarborough
Schroeder
Skelton
Stupak
Tanner
Thornton
Tiahrt
Weldon (PA)
Williams
Zeliff
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.56.11 adjournment over
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
[[Page 1102]]
Tuesday, May 14 at 12:30 p.m. for ``morning hour'' debates.
para.56.12 hour of meeting
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, May 14, 1996, it
adjourn to meet at 9:00 o'clock a.m. on Wednesday, May 15, 1996 for the
purpose of receiving former Members of Congress.
para.56.13 calendar wednesday business dispensed with
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May
15, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.56.14 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2137. An Act to amend the Violent Crime Control and
Law Enforcement Act of 1994 to require the release of
relevant information to protect the public from sexually
violent offenders.
para.56.15 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HOLDEN, for today; and
To Mr. GEJDENSON, for today.
And then,
para.56.16 adjournment
On motion of Mr. OWENS, pursuant to the special order heretofore
agreed to, at 4 o'clock and 42 minutes p.m., the House adjourned until
12:30 p.m. on Tuesday, May 14, 1996.
para.56.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. STUMP: Committee on Veterans' Affairs. H.R. 1483. A
bill to amend title 38, United States Code, to allow revision
of veterans benefits decisions based on clear and
unmistakable error (Rept. No. 104-571). Referred to the
Committee of the Whole House on the State of the Union.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3373. A
bill to amend title 38, United States Code, to improve
certain veterans' benefits programs, and for other purposes
(Rept. No. 104-572). Referred to the Committee of the Whole
House on the State of the Union.
para.56.18 time limitation of referred bill
Pursuant to clause 5 of rule X, the following action was taken by the
Speaker:
H.R. 3107. Referral to the Committee on Ways and Means
extended for a period ending not later than May 17, 1996.
para.56.19 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SMITH of New Jersey:
H.R. 3433. A bill to prohibit the Secretary of Defense from
authorizing payment under defense contracts for restructuring
costs of a merger or acquisition; to the Committee on
National Security.
By Mr. CANADY (for himself, Mr. Frank of Massachusetts,
Mr. Zimmer, Ms. Kaptur, Mr. Upton, and Mr. English of
Pennsylvania):
H.R. 3434. A bill to amend section 207 of title 18, United
States Code, to further restrict Federal officers and
employees from representing or advising foreign entities
after leaving Government service, and for other purposes; to
the Committee on the Judiciary.
By Mr. CANADY (for himself and Mr. Frank of
Massachusetts):
H.R. 3435. A bill to make technical amendments to the
Lobbying Disclosure Act of 1995; to the Committee on the
Judiciary.
By Mr. DINGELL:
H.R. 3436. A bill to protect the health of mothers and
newborns against the premature termination of inpatient care
based on denial of health coverage; to the Committee on
Commerce, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. HOEKSTRA:
H.R. 3437. A bill to amend the Small Business Act to exempt
subcontracts for dredging activities from local buy
requirements under the business development program
authorized by section 8(a) of that Act; to the Committee on
Small Business.
By Mr. HOEKSTRA:
H.R. 3438. A bill to suspend temporarily the duty on
desmedipham; to the Committee on Ways and Means.
H.R. 3439. A bill to suspend temporarily the duty on
phenmedipham; to the Committee on Ways and Means.
H.R. 3440. A bill to suspend temporarily the duty on
ethofumesate; to the Committee on Ways and Means.
By Mr. HUTCHINSON (for himself, Mr. Ballenger, Mr.
Armey, Mr. Talent, Mr. Goss, Mr. Largent, Mr. Graham,
Mr. Pete Geren of Texas, Mr. Hoekstra, Mr. Zeliff,
Mr. Norwood, Mr. Baker of California, Mr. Coble, Mr.
Calvert, Mr. Sensenbrenner, and Mr. Doolittle):
H.R. 3441. A bill to amend the Internal Revenue Code of
1986 to reform and rename the earned income tax credit; to
the Committee on Ways and Means.
By Mr. LaTOURETTE:
H.R. 3442. A bill to authorize the Pyramid of Remembrance
Foundation to establish a memorial in the District of
Columbia or its environs to soldiers who have died in foreign
conflicts other than declared wars; to the Committee on
Resources.
By Mrs. LOWEY (for herself, Mr. Cardin, Mr. Durbin, Mr.
Engel, Mr. Fazio of California, Mr. Filner, Mr.
Gonzalez, Mr. Gutierrez, Mrs. Kennelly, Mr. Lipinski,
Ms. Lofgren, Mrs. Maloney, Mr. McDermott, Mrs. Mink
of Hawaii, Mrs. Morella, Ms. Norton, Ms. Pelosi, Mrs.
Schroeder, Mr. Watt of North Carolina, and Mr.
Waxman):
H.R. 3443. A bill to amend the Public Health Service Act to
extend the program of research on breast cancer; to the
Committee on Commerce.
By Mr. SANDERS:
H.R. 3444. A bill to amend section 818 of the National
Defense Authorization Act for Fiscal Year 1995 to repeal
certain provisions and revise certain reporting requirements
relating to payment of restructuring costs under defense
contracts; to the Committee on National Security.
By Mr. SCHUMER:
H.R. 3445. A bill to make changes in Federal juvenile
justice proceedings, and to foster youth development and
prevent juvenile crime and delinquency; to the Committee on
the Judiciary, and in addition to the Committee on Economic
and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STOCKMAN:
H.R. 3446. A bill to amend the Clean Air act and certain
other environmental laws to provide regulatory relief and
preserve jobs, and for other purposes; to the Committee on
Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. TATE:
H.R. 3447. A bill to amend title 5, United States Code, to
provide for the forfeiture of retirement benefits in the case
of a Member of Congress convicted of a felony, and for other
purposes; to the Committee on House Oversight, and in
addition to the Committee on Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. FRISA (for himself, Mr. King, Mr. Tauzin, Mr.
Coburn, Mr. Fields of Texas, Mr. Klink, and Mr.
Weller):
H. Con. Res. 175. Concurrent resolution expressing the
intention of the Congress with respect to the collection of
fees or other payments from the allocation of toll-free
telephone numbers; to the Committee on Commerce.
By Mr. DORNAN (for himself, Mr. Stump, Ms. Lofgren, and
Mr. Bilirakis):
H. Con. Res. 176. Concurrent resolution expressing the
sense of the Congress concerning the maltreatment of United
States military and civilian prisoners by the Japanese during
World War II; to the Committee on International Relations,
and in addition to the Committee on Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. ZELIFF:
H. Con. Res. 177. Concurrent resolution expressing the
sense of the Congress that family members and others should
support all individuals affected by breast cancer; to the
Committee on Commerce.
By Mr. HAYWORTH (for himself, Mr. Taylor of North
Carolina, Mr. Hostettler, Mr. Dornan, Mr. Stump, Mr.
Brownback, Mr. Hoke, Mr. Doolittle, Mr. Pombo, and
Mr. Baker of Louisiana):
H. Res. 431. Resolution expressing the sense of the House
of Representatives concerning the constitutional duty of the
Congress; to the Committee on the Judiciary.
By Ms. RIVERS (for herself and Mr. Luther):
H. Res. 432. Resolution amending the Code of Official
Conduct in the Rules of the House of Representatives to
prohibit a Member from soliciting or accepting campaign
contributions in the hall of the House, rooms leading
thereto, or the cloakrooms; to the Committee on Standards of
Official Conduct.
para.56.20 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Saxton.
H.R. 620: Mr. Markey.
[[Page 1103]]
H.R. 969: Mr. Fazio of California.
H.R. 1000: Mr. Campbell.
H.R. 1023: Mr. Flake and Mr. Burr.
H.R. 1042: Mr. Stump, Mrs. Kelly, and Mr. Barton of Texas.
H.R. 1050: Mrs. Mink of Hawaii.
H.R. 1210: Mr. Clyburn.
H.R. 1483: Mr. Cooley.
H.R. 1504: Mrs. Lincoln.
H.R. 1892: Mr. Klug, Mr. Kim, and Mr. Emerson.
H.R. 1951: Mr. Klink.
H.R. 2009: Mr. Campbell.
H.R. 2244: Mr. Manzullo and Mr. Dickey.
H.R. 2246: Mr. Jackson and Ms. McKinney.
H.R. 2247: Mr. Abercrombie, Mr. Boehlert, Mr. Payne of
Virginia, Ms. Slaughter, Mr. Tanner, and Mr. Towns.
H.R. 2270: Mr. Souder, Mr. Hansen, Mr. Barton of Texas, Mr.
Chrysler, and Mr. Istook.
H.R. 2306: Mr. Schaefer, Mr. Richardson, and Mr. Smith of
Texas.
H.R. 2669: Mr. Hyde, Mr. Emerson, Mr. Lipinski, Mr. Young
of Alaska, Mr. Hutchinson, Mr. Rohrabacher, Mr. Kingston, Mr.
Baker of Louisiana, Mr. Taylor of North Carolina, Mr. Istook,
and Mr. Stockman.
H.R. 2705: Mr. Bonior, Mr. Clay, Mr. Dellums, Mr. Filner,
Mr. Foglietta, Mr. Ford, Mr. Kanjorski, Ms. McCarthy, Mr.
McHale, Mr. Payne of New Jersey, Mr. Richardson, Mr. Watt of
North Carolina, Ms. Brown of Florida, Mr. Dixon, Ms. Eshoo,
Mr. Farr, Mr. Fazio of California, Mr. Flake, Mr. Olver, Mr.
Serrano, Mr. Stokes, Mr. Thompson, Mr. Ward, and Mr. Wynn.
H.R. 2749: Mr. Hastings of Washington.
H.R. 2807: Mr. Jackson, Mr. Faleomavaega, Mr. Gibbons, Mr.
Shays, and Mr. Solomon.
H.R. 2856: Ms. DeLauro.
H.R. 2911: Mr. Canady, Mr. McCrery, and Mr. Saxton.
H.R. 2922: Mr. Baker of Louisiana and Mr. Manton.
H.R. 2943: Mr. Lipinski.
H.R. 3076: Mr. Sanford, Mr. Minge, Mr. English of
Pennsylvania, Mr. Pete Geren of Texas, Mr. Horn, Mr. Davis,
Mr. Luther, and Mr. Thornberry.
H.R. 3090: Mr. Dellums and Mr. Porter.
H.R. 3114: Mr. Graham, Mr. Lantos, Mr. Sam Johnson, and Mr.
Ramstad.
H.R. 3118: Mr. Everett, Mr. Buyer, Mr. Bachus, Mr. Stearns,
Mr. Fox, Mr. Flanagan, Mr. Barr, Mr. Cooley, Mr. Evans, Mr.
Kennedy of Massachusetts, Mr. Clement, Mr. Filner, Mr.
Bishop, Mr. Baldacci, and Mr. Camp.
H.R. 3144: Mr. Baker of California, Mr. Bereuter, Mr.
Boehner, Mr. Bunn of Oregon, Mr. Buyer, Mr. Crane, Mrs.
Cubin, Mr. Diaz-Balart, Mr. Doolittle, Mr. Dreier, Mr.
English of Pennsylvania, Mr. Fields of Texas, Mr. Gallegly,
Mr. Gilchrest, Mr. Gutknecht, Mr. Hastert, Mr. Hayes, Mr.
Heineman, Mr. Inglis of South Carolina, Mr. Istook, Mr. Sam
Johnson, Mrs. Kelly, Mr. King, Mr. Lightfoot, Mr. McCrery,
Mr. McDade, Mrs. Meyers of Kansas, Mr. Parker, Mr. Portman,
Ms. Pryce, Mr. Roberts, Mr. Salmon, Mrs. Seastrand, Mr.
Shadegg, Mr. Smith of New Jersey, Mr. Stearns, Mr. Tauzin,
Mr. Thomas, Mr. Torkildsen, Mr. Walker, Mr. Walsh, and Mr.
Wolf.
H.R. 3153: Mr. Watts of Oklahoma and Mr. Weldon of Florida.
H.R. 3173: Mr. Manton and Mr. Thompson.
H.R. 3195: Mr. Riggs.
H.R. 3199: Mrs. Chenoweth and Mrs. Cubin.
H.R. 3226: Mr. Johnson of South Dakota.
H.R. 3241: Mr. Torres and Mr. Stark.
H.R. 3246: Mr. Waxman.
H.R. 3253: Mr. Canady, Mr. Barrett of Wisconsin, Mr.
Hayworth, Mr. Hobson, Mr. Lipinski, Mr. Bachus, Mrs.
Kennelly, Mr. Ackerman, and Mr. English of Pennsylvania.
H.R. 3263: Mrs. Collins of Illinois and Mr. Underwood.
H.R. 3272: Mr. Hall of Texas.
H.R. 3280: Mr. Beilenson, Mr. Rush, Ms. Eshoo, Mrs.
Maloney, Mr. Filner, Mr. Miller of California, Mr. Farr, Ms.
Slaughter, Mr. Bonior, Mr. Coleman, Mr. Dellums, and Mr.
Cardin.
H.R. 3345: Mr. Lewis of Georgia.
H.R. 3373: Mr. Bilirakis, Mr. Hutchinson, Mr. Buyer, Mr.
Stearns, Mr. Flanagan, Mr. Cooley, Mr. Clement, Mr. Filner,
Mr. Bishop, and Mr. Mascara.
H.R. 3376: Mr. Smith of New Jersey, Mr. Bilirakis, Mr.
Everett, Mr. Buyer, Mr. Stearns, Mr. Flanagan, Mr. Weller,
Mr. Clement, Mr. Filner, Mr. Bishop, and Mr. Mascara.
H.R. 3379: Mr. Montgomery.
H.R. 3392: Mr. DeFazio, Mr. Jacobs, Mr. Hinchey, Ms.
Velazquez, and Mr. Nadler.
H.R. 3393: Ms. Woolsey.
H.R. 3421: Mr. Oberstar, Mrs. Collins of Illinois, Mr.
Gallegly, Mr. Yates, Ms. Greene of Utah, Mr. Funderburk, Mr.
Meehan, Mr. Kennedy of Massachusetts, Mr. Diaz-Balart, Mr.
Conyers, Mr. Hoyer, Mr. Kasich, and Ms. Slaughter.
H.R. 3422: Mr. Coble.
H.R. 3423: Mr. Fox and Mr. Boehlert.
H. Con. Res. 47: Mr. Olver, Mr. Rohrabacher, Mr. Stearns,
Mr. Flake, and Mr. Scott.
H. Con. Res. 139: Mr. Beilenson.
H. Res. 429: Ms. Eshoo.
para.56.21 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1972: Mr. Frost.
.
TUESDAY, MAY 14, 1996 (57)
para.57.1 designation of speaker pro tempore
The House was called to order at 12:30 o'clock p.m. by the SPEAKER pro
tempore, Mr. FOLEY, who laid before the House the following
communication:
Washington, DC,
May 14, 1996.
I hereby designate the Honorable Mark Foley to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.57.2 recess--1:14 p.m.
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.57.3 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. COMBEST, called the House to order.
para.57.4 approval of the journal
The SPEAKER pro tempore, Mr. COMBEST, announced he had examined and
approved the Journal of the proceedings of Friday, May 10, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.57.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
2961. A letter from the Administrator, Cooperative State
Research, Education, and Extension Service, transmitting the
Service's final rule--Small Business Innovation Research
Grants Program; Administrative Provisions (RIN: 0524-AA08)
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
2962. A letter from the Administrator and Executive Vice
President, Farm Service Agency, transmitting the Agency's
final rules--(1) Final Rule: 1995--Crop Sugarcane and Sugar
Beets Price Support Loan Rates (RIN: 0560-AE44) and (2) Final
Rule: Dairy Indemnity Payment Program (RIN: 0560-AE57)
received May 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
2963. A communication from the President of the United
States; transmitting an amendment to the fiscal year 1997
appropriations request for the Department of Energy, with
respect to spent nuclear fuel activities in North Korea,
pursuant to 31 U.S.C. 1107(H. Doc. No. 104-212); to the
Committee on Appropriations and ordered to be printed.
2964. A communications from the President of the United
States; transmitting his request to make available
appropriations totaling $100 million in budget authority for
the Forest Service of the Department of Agriculture, and to
designate the amount made available as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 104-213); to
the Committee on Appropriations and ordered to be printed.
2965. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Coast Guard Board for Correction of Military Records:
Procedural Regulation (RIN: 2105-AC31) received May 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
National Security.
2966. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Low-Income Public Housing--Performance Funding
System [Docket No. FR-3760-F-01] (RIN: 2577-AB50) received
May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
2967. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Environmental Review Procedures for Recipients
and Responsible Entities Assuming HUD Responsibilities
[Docket No. FR-3514-F-04] (RIN: 2501-AB67) received May 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
2968. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--HUD Acquisition Regulation; Field Reorganization,
Streamlining, and Simplification [Docket No. FR-3887-F-02]
(RIN: 2535-AA23) received May 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
2969. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Title I Property Improvement and Manufactured
Home Loan Insurance Programs Interim Rule [Docket No. FR-
3718-I-01] (RIN: 2502-AG32) received May 13, 1996, pursuant
to 5 U.S.C. 801(a))1)(A); to the Committee on Banking and
Financial Services.
2970. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Public/Private Partnerships for the Mixed-Finance
Development of Public Housing Units [Docket No. FR-3919-I-01]
(RIN: 2577-AB54) received May 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
[[Page 1104]]
2971. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office of Thrift Supervision's
1995 Annual Report to Congress on the Preservation of
Minority Savings Institutions, pursuant to Public Law 101-73,
section 301 (103 Stat. 279); to the Committee on Banking and
Financial Services.
2972. A letter from the Secretary of Education,
transmitting final regulations--The State Vocational
Rehabilitation Services Program--Order of Selection, pursuant
to 20 U.S.C. 1232(d)(1); to the Committee on Economic and
Educational Opportunities.
2973. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Disclosure to
Participants (RIN: 1212-AA77) received May 13, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Economic and
Educational Opportunities.
2974. A letter from the Secretary of the Interior,
transmitting the annual report on the Youth Conservation
Corps Program in the Department for fiscal year 1995,
pursuant to 16 U.S.C. 1705; to the Committee on Economic and
Educational Opportunities.
2975. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Notice of Deletion of
Washington County Landfill Superfund Site from the National
Priorities List [NPL] (FLR-5505-2) received May 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2976. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; PA;
Approval of Source-Specific VOC and NOx RACT and
Synthetic Minor Permit Conditions, and 1990 Baseyear
Emissions for One Source (FRL-5467-6) received May 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2977. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plan; Ohio (FLR-5500-5)
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2978. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Final
Interim Approval of Operating Permit Program; New Jersey
(FLR-5505-7) received May 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2979. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Oregon (FLR-5504-8)
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2980. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Allyl Isoothicyanate as
a Component of Food Grade Oil of Mustard; Exemption From the
Requirement of a Tolerance (FLR-5366-4) received May 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
2981. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of State Implementation Plans; Alaska (FLR-5465-
2) received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
2982. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Cornell, WI) [MM Docket
No. 95-164] received May 14, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2983. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Coolidge and Gilbert, AZ)
[MM Docket No. 95-109] received May 14, 1996, pursaunt to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2984. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Citizens Utilities Company Permanent Cost
Allocation Manual for the Separation of Regulated and
Nonregulated Costs (AAD 94-6) May 14, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
2985. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Cable Act Reform Provisions of
the telecommunications Act of 1996 [CS Docket No. 95-85]
received May 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2986. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Warning Statements For
Products Containing or Manufactured with Chlorofluorocarbons
and other Ozone-Depleting Substances (Docket No. 93N-0442)
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2987. A letter from the Office of Congressional Affairs,
Nuclear Regulatory Commission, transmitting the Commission's
final rule--Freedom of Employees in the Nuclear Industry to
Raise Safety Concerns Without Fear of Retaliation; Policy
Statement--received May 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
2988. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Termination or Transfer of Licensed
Activities: Recordkeeping Requirements (RIN: 3150-AF17)
received May 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
2989. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-18), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2990. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to the Taipei Economic and Cultural
Representative Office [TECRO] for defense articles and
services (Transmittal No. 96-34), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2991. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Bahrain for defense articles and services
(Transmittal No. 96-41), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2992. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Taipei Economic and Cultural
Representative Office [TECRO] for defense articles and
services (Transmittal No. 96-40), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2993. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Morocco for defense articles and services
(Transmittal No. 96-44), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2994. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Denmark for defense articles and services
(Transmittal No. 96-38), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2995. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-20), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2996. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-43), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
2997. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Singapore for defense articles and
services (Transmittal No. 96-42), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
2998. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Compliance Review
of the District of Columbia Insurance Administration for
Fiscal Years 1994 and 1995,'' pursuant to D.C. Code, section
47-117(d); to the Committee on Government Reform and
Oversight.
2999. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List--received May 14, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3000. A letter from the Executive Director, District of
Columbia Financial Responsibility and Management Assistance
Authority, transmitting the Authority's report entitled
``Final Report on the Mayor's District of Columbia FY 1997
Budget and Multiyear Plan,'' adopted by the District of
Columbia Financial Responsibility and Management Assistance
Authority on May 8, 1996, pursuant to Public Law 104-8,
section 202(d) (109 Stat. 113); to the Committee on
Government Reform and Oversight.
3001. A letter from the Chairman, Federal Housing Finance
Board, transmitting the semiannual report on activities of
the inspector general for the period October 1, 1995, through
March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3002. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--General
Services Administration Acquisition Regulation; Acquisition
of Leasehold Interests in Real Property (RIN: 3090-AF92)
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
[[Page 1105]]
3003. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal Travel
Regulations; Privately Owned Vehicle Mileage Reimbursement
(RIN: 3090-AF88) received May 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3004. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Atlantic Mackerel, Squid, and Butterfish
Fisheries; Amendment 5 [Docket No. 951208293-6065-02; I.D.
110995B] (RIN: 0648-AF01) received May 10, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3005. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific cod in the Central
Regulatory Area [Docket No. 960129018-6018-01; I.D. 050396B]
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3006. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Ocean Salmon Fisheries Off the Coasts of
Washington, Oregon, and California; 1996 Management Measures
and Technical Amendment [Docket No. 960429120-6120-01; I.D.
042496C] (RIN: 0648-AI35) received May 13, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3007. A letter from the Executive Director, American
Chemical Society, transmitting the Society's annual report
for the calendar year 1995 and the comprehensive report to
the Board of Directors of the American Chemical Society on
the examination of their books and records for the year
ending December 31, 1995, pursuant to 36 U.S.C. 1101(2) and
1103; to the Committee on the Judiciary.
3008. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Special Food
or Meals (RIN: 1120-AA37) received May 13, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
3009. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Intensive
Confinement Center Program (RIN: 1120-AA11) received May 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
the Judiciary.
3010. A letter from the Secretary of Transportation,
transmitting the Department's study on tanker navigation
safety standards: Tanker Inspection Standards, pursuant to
Public Law 101-380, section 4111(c) (104 Stat. 516); to the
Committee on Transportation and Infrastructure.
3011. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 737-300, -400, and -
500 Series Airplanes (Docket No. 95-NM-117) (RIN: 2120-AA64)
(1996-0059) received May 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3012. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bell Helicopter Textron, Inc. Model
47B, 47B-3, 47D, 47D-1, 47G, 47G-2, 47G-2A, 47G-2A-1, 47G-3,
47G-3B, 47G-3B-1, 47G-3B-2, 47G-3B-2A, etc. (Docket No. 96-
SW-01) (RIN: 2120-AA64) (1996-0060) received May 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3013. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(Docket No. 95-NM-95) (RIN: 2120-AA64) (1996-0062) received
May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3014. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9-80
Series Airplanes and Model MD-88 Airplanes (Docket No. 95-NM-
127) (RIN: 2120-AA64) (1996-0049) received May 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3015. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Helicopter
Systems Model 369, 369A, 369D, 369E, 369FF, 369H, 369HM,
369HS, and 500N Helicopters (Docket No. 96-SW-02) (RIN: 2120-
AA64) (1996-0061) received May 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3016. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan (RIN: 2120-AG10) received May 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3017. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class D and E2 Airspace and Establishment of
Class E4 Airspace (RIN: 2120-AA66) (1996-0021) received May
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3018. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment of Class E Airspace; Visalia, CA (RIN: 2120-AA66)
(1996-0020) received May 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3019. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airspace Actions; Establishment of Class E Airspace; San
Andreas, CA (RIN: 2120-AA66) (1996-0019) received May 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3020. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Transportation for Individuals With Disabilities (Misc.
Amendments) (RIN: 2105-AC13) received May 13, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3021. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: National Ethnic Coalition of Organizations
Fireworks, Upper New York Bay, NY and NJ (RIN: 2115-AA97)
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3022. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: U.S.S. JOHN F. KENNEDY, Fleet Week 1996, Port of
NY and NJ (RIN: 2115-AA97) received May 13, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3023. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: fleet Week 1996 Parade of Ships, Port of New
York and New Jersey (RIN: 2115-AA97) received May 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3024. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Greenwood Lake Powerboat Race, Greenwood Lake,
NJ (RIN: 2115-AA97) received May 13, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3025. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Part 80 of the Commission's Rules
Regarding the Inspection of Great Lakes Agreement Ships [CI
Docket No. 95-54] received May 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3026. A letter from the Chief, Regulations Branch, United
States Customs Service, transmitting the Service's final
rule--Removal of Customs Regulations Relating to the Steel
Voluntary Restraint Arrangement Program (RIN: 1515-AB04)
received May 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
para.57.6 subpoena
The SPEAKER pro tempore, Mr. COMBEST, laid before the House a
communication, which was read as follows:
Congress of the United States,
Committee on Appropriations,
Washington, DC, May 10, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Jim Dyer, currently the staff director of the
Appropriations Committee and formerly a staff assistant for
Congressman Joseph McDade of Pennsylvania, has been served
with a subpoena issued by the U.S. District Court for the
Eastern District of Pennsylvania in the case of United States
versus McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bob Livingston,
Chairman.
para.57.7 school lunch and breakfast programs
Mr. GOODLING moved to suspend the rules and pass the bill (H.R. 2066)
to amend the National School Lunch Act to provide greater flexibility to
schools to meet the Dietary Guidelines for Americans under the school
lunch and school breakfast programs; as amended.
The SPEAKER pro tempore, Mr. COMBEST, recognized Mr. GOODLING and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COMBEST, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
[[Page 1106]]
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.57.8 change of reference--h.r. 3387
On motion of Mr. HANSEN, by unanimous consent, the Committee on
Resources was discharged from further consideration of the bill (H.R.
3387) to designate the Southern Piedmont Conservation Research Center
located at 1420 Experimental Station Road in Watkinsville, Georgia, as
the ``J. Phil Campbell, Senior Natural Resource Conservation Center''.
When said bill was rereferred to the Committee on Agriculture.
para.57.9 selma to montgomery national historic trail
Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 1129) to
amend the National Trails Systems Act to designate the route from Selma
to Montgomery as a National Historic Trail; as amended.
The SPEAKER pro tempore, Mr. COMBEST, recognized Mr. HANSEN and Mr.
RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COMBEST, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.57.10 goshute indian reservation
Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 2464) to
amend Public Law 103-93 to provide additional lands within the State of
Utah for the Goshute Indian Reservation, and for other purposes.
The SPEAKER pro tempore, Mr. COMBEST, recognized Mr. HANSEN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill.
The SPEAKER pro tempore, Mr. COMBEST, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.57.11 carbon hill national fish hatchery
Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 2982) to
direct the Secretary of the Interior to convey the Carbon Hill National
Fish Hatchery to the State of Alabama.
The SPEAKER pro tempore, Mr. COMBEST, recognized Mr. SAXTON and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. COMBEST, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.57.12 amagansett national wildlife refuge
On motion of Mr. SAXTON, by unanimous consent, the bill (H.R. 1836) to
authorize the Secretary of the Interior to acquire property in the town
of East Hampton, Suffolk County, New York, for inclusion in the
Amagansett National Wildlife Refuge; together with the following
amendment of the Senate thereto, was taken from the Speaker's table:
Page 2, after line 14, insert:
SEC. 2. CORRECTIONS TO COASTAL BARRIER RESOURCES MAP.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior shall
make such corrections to the map described in subsection (b)
as are necessary--
(1) to move the eastern boundary of the excluded area
covering Ocean Beach, Seaview, Ocean Bay Park, and part of
Point O'Woods to the western boundary of the Sunken Forest
Preserve; and
(2) to ensure that the depiction of areas as ``otherwise
protected areas'' does not include any area that is owned by
the Point O'Woods Association (a privately held corporation
under the laws of the State of New York).
(b) Map Described.--The map described in this subsection is
the map that is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990, that
relates to the unit of the Coastal Barrier Resources System
entitled ``Fire Island Unit NY-59P''.
On motion of Mr. SAXTON, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.57.13 water resources research authorization extension
On motion of Mr. DOOLITTLE, by unanimous consent, the bill (H.R. 1743)
to amend the Water Resources Research Act of 1984 to extend the
authorizations of appropriations through fiscal year 2000, and for other
purposes; together with the following amendment of the Senate thereto,
was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. FINDINGS.
Section 102 of the Water Resources Research Act of 1984 (42
U.S.C. 10301) is amended--
(1) in paragraph (2), by inserting ``, productivity of
natural resources and agricultural systems,'' after
``environmental quality'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(8) long-term planning and policy development are
essential to ensure the availability of an abundant supply of
high quality water for domestic and other uses; and
``(9) the States must have the research and problem-solving
capacity necessary to effectively manage their water
resources.''.
SEC. 2. PURPOSE.
Section 103 of the Water Resources Research Act of 1984 (42
U.S.C. 10302) is amended--
(1) in paragraph (5)--
(A) by striking ``to''; and
(B) by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) encourage long-term planning and research to meet
future water management, quality, and supply challenges.''.
SEC. 3. GRANTS; MATCHING FUNDS.
Section 104(c) of the Water Resources Research Act of 1984
(42 U.S.C. 10303(c)) is amended by striking ``one non-Federal
dollar'' and all that follows through ``there-after'' and
inserting ``2 non-Federal dollars for every 1 Federal
dollar''.
SEC. 4. GENERAL AUTHORIZATIONS OF APPROPRIATIONS.
Section 104(f)(1) of the Water Resources Research Act of
1984 (42 U.S.C. 10303(f)(1) is amended by striking ``of
$10,000,000 for each of the fiscal years ending September 30,
1989, through September 30, 1995,'' and inserting ``of
$5,000,000 for fiscal year 1996, $7,000,000 for each of
fiscal years 1997 and 1998, and $9,000,000 for each of fiscal
years 1999 and 2000''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH FOCUSED
ON WATER PROBLEMS OF INTERSTATE NATURE.
The first sentence of section 104(g)(1) of the Water
Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is
amended by striking ``of $5,000,000 for each of the fiscal
years 1991, 1992, 1993, 1994, and 1995'' and inserting ``of
$3,000,000 for each of fiscal years 1996 through 2000''.
SEC. 6. COORDINATION.
Section 104 of the Water Resources Research Act of 1984 (42
U.S.C. 10303) is amended by adding at the end the following:
``(h) Coordination.--
``(1) In general.--To carry out this Act, the Secretary--
``(A) shall encourage other Federal departments, agencies
(including agencies within the Department of the Interior),
and instrumentalities to use and take advantage of the
expertise and capabilities that are available through the
institutes established by this section, on a cooperative or
other basis;
``(B) shall encourage cooperation and coordination with
other Federal programs concerned with water resources
problems and issues;
``(C) may enter into contracts, cooperative agreements, and
other transactions without
[[Page 1107]]
regard to section 3709 of the Revised Statutes (41 U.S.C. 5);
``(D) may accept funds from other Federal departments,
agencies (including agencies within the Department of the
Interior), and instrumentalities to pay for and add to grants
made, and contracts entered into, by the Secretary;
``(E) may promulgate such regulations as the Secretary
considers appropriate; and
``(F) may support a program of internships for qualified
individuals at the undergraduate and graduate levels to carry
out the educational and training objectives of this Act.
``(2) Report.--The Secretary shall report to Congress
annually on coordination efforts with other Federal
departments, agencies, and instrumentalities under paragraph
(1).
``(3) Relationship to state rights.--Nothing in this Act
shall preempt the rights and authorities of any State with
respect to its water resources or management of those
resources.''.
On motion of Mr. DOOLITTLE, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.57.14 uranium mill tailings
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 2967)
to extend the authorization of the Uranium Mill Tailings Radiation
Control Act of 1978, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. COMBEST, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COMBEST, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.57.15 overseas citizens voting rights
Mr. EHLERS moved to suspend the rules and pass the bill (H.R. 3058) to
amend the Uniformed and Overseas Citizens Absentee Voting Act to extend
the period for receipt of absentee ballots, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. COMBEST, recognized Mr. EHLERS and Mr.
FAZIO, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COMBEST, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.57.16 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
para.57.17 point of personal privilege
Mr. GUNDERSON rose to a question of personal privilege.
The SPEAKER pro tempore, Mr. COMBEST, pursuant to clause 1 of rule IX,
recognized Mr. GUNDERSON for one hour.
Mr. GUNDERSON made the following statement:
``Mr. Speaker, last week, in a `Dear Colleague' communication with the
Members of Congress and in an extension of remarks printed in the
Congressional Record and, again, in remarks included in a special order
at the end of congressional business, Congressman Bob Dornan raised
questions about me and my sponsorship of an event in a Federal
Government building.
``The gentleman from California has every right to dislike me if he so
chooses. But he has no right to misrepresent the facts, nor the motives
of others in this, his latest, attempt to smear the gay community.
Today, I take this time to set the record straight. I apologize to my
colleagues for using valuable floor time in a busy legislative week, but
in this circumstance, I have no choice. This is a much bigger issue than
a personal or ideological dispute. This is a question of whether
individuals in American society should be able to intentionally
misrepresent the facts, question others' motives, and intentionally
falsify information in an attempt to discredit other elements of
society. If there is to remain any element of mutual respect in a
diverse society, we must reject intentional efforts to personally
destroy those with whom we might disagree.
``Mr. Dornan uses an article by a free-lance journalist Marc Marano
and a video tape produced by the Family Research Council to portray a
recent series of events held in this town, in government buildings, as a
party of numerous illegal activities. Nothing could be further from the
truth. Here is the entire story, with the facts.
``Early this year, four young professional men from the Washington-
Baltimore area decided they wanted to `do something to make a
difference.' These gentlemen, in their twenties, are Kenny Eggerl, a
producer and owner of KSE Productions--a sales meetings, special events,
and fashion show company; David Parham, a director of public policy and
education for the Urban Land Institute; Ryan Peal, an account executive
with Hill & Knowlton; and Bill Pullen, a manager of rehab services at
Mid Atlantic medical Services, Inc. They felt the younger generation was
not yet doing its part, especially in the fight against AIDS. Their
generation is unable financially to support most large fund raising
dinners in this town. So they decided to create a weekend of low-dollar
events which many could afford. Because of the popularity of dance
events, they chose this avenue for the focus of their activities.
Because the availability of buildings centered around the weekend of
April 12-14, they called the event Cherry Jubilee in honor of the
cherry blossoms decorating this town at the time.
``Tickets for the events met these financial concerns. Individual
tickets were $20 for the Friday night dance; $35 for the Saturday night
dance; and $25 for the Sunday morning brunch. In the end approximately
$130,000 was raised. Expenses, I am told, will finalize at between
$70,000 and $80,000. The net proceeds then will be $50,000 to $60,000
raised for two AIDS service organizations: Whitman-Walker Health
Clinic, and Food and Friends. Most citizens should be very proud of
these efforts and the services they will provide. This was a gift of
love, not a weekend of illegal activity. It was a human response of
charity, not a call for more Federal funds. It should be an undertaking
that both Democrats and Republicans are proud of. I dare say if more
such events were held across the country, we could find ways to meet
the needs of our fellow man while still balancing the Federal budget!
``Friday night, April 12 kicked off the weekend with a dance at a
club called `Diversite'. Approximately 800 attended. There were no
reports of violence or illegal activity.
``Saturday night--April 13; the main event was held at the Mellon
Auditorium part of the Department of Commerce. This place had been
recommended to the sponsors by a mutual friend. All of the proper paper
work required by the Department was completed and the arrangements were
finalized. A liability contract was signed for the evening. A total of
nine security personnel were obtained. Security was primarily
contracted through a security agency approved by the Commerce
Department. The final security detail included nine individuals; two
Federal security personnel, six security officers approved by the
Department through private contract, and an off-duty policeman. The
auditorium was rented by the hour, for a total cost of $7,500 plus
$1,600 for cleaning afterward. In addition, a building engineer and a
building representative were on duty during the entire time.
``Approximately 2,000 attended the dance. In addition to the security
detail mentioned above, approximately 30 event volunteers assisted the
sponsors
[[Page 1108]]
in managing the event. Food and Friends provided eight individuals to
assist with tickets and such at the entrance. Whitman-Walker, who
served as the fiscal agent, provided three individuals to collect and
handle the money throughout the night.
``Sunday morning, a brunch was held in the Rayburn Courtyard. I had
been asked if I would obtain a space that might be used as a part of
the weekend's activities to benefit Whitman-Walker and Food and
Friends. Because these events were in Washington, and some of the
attendees would be from out of town, the sponsors desired a place which
helped to portray our Nation's Capitol. I was happy to be of
assistance. The event was held from 1 to 4 p.m. on Sunday, April 14th
in the Courtyard of the Rayburn Office Building. Approximately 500
attended the event. Capitol Hill uniformed police frequently walked
through the event. Absolutely no trouble occurred or was reported by
anyone. The sponsors made sure everyone understood they were in the
offices of the U.S. Congress. Proper dress and decorum were maintained
at all times.
``Mr. Dornan refers to an article written by Marc Marano as the basis
for his allegations. Some things should be understood. Mr. Marano is a
free lance journalist who often works as a material source for so-
called conservative journalists. To our knowledge, no mainstream press
ran Mr. Marano's story. He never once tried to interview me or any of
the event's sponsors. Nor did he talk to any of the security personnel,
nor the responsible authorities at the Department of Commerce.
Throughout his entire story, not one source is ever identified or
quoted. The only knowledge we have of the story being published is in
Human Events, and as a basis for a column by columnist Armstrong
Williams. According to that column, Mr. Marano was hired by the Family
Research Council to do the investigation. The Family Research Council
produced a video tape regarding the event.
``There is no record that Mr. Marano purchased tickets for any of the
events. He clearly did not use his own name and address at any time.
Nor did he seek to obtain any press credentials for the events. Rather
he chose to go undercover, unaccounted for, and free to discover his
own story. Personally, I am disappointed that he chose to misrepresent
himself, and his profession in an attempt to find material to use
against others in society. I wish he had the courage, honesty, and
decency to simply buy the tickets under his own name, or pursue the
story through legitimate journalistic procedures.
``Mr. Marano says in his story, he `proceeded on assignment into the
gay world for an undercover investigation.' I also wish the Family
Research Council had been willing to honestly ask for press credentials
and cover the weekend. Honesty is something this town and this debate
both need.
``But fact is not the basis for the story. Rather hate and prejudice
are the motives by which Mr. Marano and Mr. Williams sought to totally
misrepresent the fund raising events and their purpose. Allow me to
respond to specific allegations in Mr. Marano's article published and
circulated by Mr. Dornan.
``Allegation: `The dance party featured public nudity, illegal sexual
activity, and evidence of illegal drugs.'
``The facts: Absolutely no one other than Mr. Marano makes such
allegations. Not one complaint was filed by a security officer, nor
were any complaints lodged with them. Security personnel had been given
full authority to remove anyone for misconduct; not one person was
asked to leave. There is no evidence of even a fight among the 2,000
dance attendees.
``The sponsors intentionally took steps to prevent even
the atmosphere conducive to illegal activity. The security personnel
and volunteers were strategically placed throughout the entire room to
make sure nothing happened. Three foot by four foot posters were placed
throughout the auditorium and the restrooms with the message: The
possession or use of illegal substances is strictly prohibited. A
$14,000 lighting system was purchased to make sure the room was both
decorative and well-lit. I would point out to those who watched parts
of the Family Research video that the filming occurred without any
camera lighting. This should make clear there was no place dark enough
for the alleged illegal activity to occur. Nor does the video show any
illegal activity. If the video was produced undercover, without lights,
is there any doubt such illegal activity would have been filmed if it
actually occurred? I don't think so.
``Allegation: `A Federal building, the Andrew Mellon Auditorium
played host to the dance and was the backdrop for the illegal
activity.'
``The facts: Again, there is no evidence by anyone, including all
security personnel and authorities at the Department of Commerce, of
any illegal activity.
``Allegation: `The sponsors included Gay Republican Steve Gunderson
of Wisconsin.'
``The facts: The four individuals mentioned earlier, were the
sponsors through a nonprofit organization called Friends being Friends.
Numerous corporations sponsored part of the financial costs of the
weekend. My sole role was to serve as the congressional host for the
Sunday Brunch by requesting a space in my name. Publicity for the event
gave special thanks to me, and to 17 others, for their assistance.
``On Friday and Saturday, I was actually in Wisconsin. I returned to
Washington Saturday night, but did not attend the dance. On Sunday
morning, if you want to know, I attended church. In the afternoon, Rob
Morris and I attended the brunch. We brought a close friend, and former
Capitol Hill staffer, who now has AIDS. We purchased our tickets for
this event.
``Allegation: `The homosexual community's credo seems to be ``Die
young and leave a pretty corpse.'
``The facts: This is the journalism of bigotry and prejudice. It has
no place in American society in the 1990's. It has nothing to do with
an event organized to raise private funds for AIDS Care Organizations,
or a story of the event. People with AIDS don't die pretty--they suffer
the worst possible pain and illness, as their bodies wither away to
nothing. One would hope that 15 years and over 300,000 deaths into this
epidemic, we would all have a better understanding of the disease. I
invite Mr. Marano, and Mr. Dornan, to come visit the victims of this
disease. In so doing, they will learn these are not some faceless
pretty corpses. Rather, they are the sons, and brothers, and uncles,
and lovers, and friends of the greater American family. Tragically, in
increasing numbers they are also the mothers, and sisters, and
daughters of America, as well.
``Allegation: `At about 4 a.m., two men proceeded to engage in
illicit sexual behavior in the main auditorium.'
``The facts: Absolutely no one but Mr. Marano claims to have seen
this incident. But one must wonder why he did not film it. One must
wonder why he did not report it to security. Sexual acts are not
instantaneous occurrences. Why is no one willing to come forth as
witness to this event other than Mr. Marano, who admits to being on an
assignment? According to the organizers, security and the volunteers
were placed at every possible place in the auditorium to prevent even
the remote possibility of this type of incident from happening.
``Allegation: `A battle between security and partygoers erupted over
the restroom lights.'
``The facts: The main restrooms for the event were in the basement.
Because of this, security personnel were placed there from the
beginning of the event and throughout the evening to prevent any kind
of occurrence. Security reported no fights, no harassment, no drugs, no
smoking, nor any sexual activity. Security made no reports of illegal
activity or trouble. At my request, the organizers of the event
contacted the responsible authority at the Department of Commerce just
yesterday to confirm this information.
``Second, the security system for the evening included person-to-
person communication through headsets so that each security guard might
know anything that was happening. At no time during the entire event,
did a complaint come over the headsets indicating a problem between
partygoers and security.
``Allegation: `Despite the flaunting of public nudity, illicit sexual
activity, illegal drug use, and pornography * * * law enforcement never
intervened.'
``The facts: Conveniently, only Mr. Marano claims to have seen this
illegal activity. He feels compelled to discuss
[[Page 1109]]
a S/M conference that apparently occurred in 1993 in the same building.
He then links that unconnected event to the dance and concludes that
the same activities occurred during both events. According to those who
attended, the allegation of pornography at the dance is without basis.
Given the purpose of the dance event, discussion of S/M or pornography
has no place in an article summarizing the weekend's activities.
``As mentioned numerous times before, law enforcement never
intervened because there was no basis for intervention.
``Allegation: `Every conceivable isolated spot became a dilemma for
security. Security officers had to diligently watch the outside
courtyard stairwell in the smoking area. The steps led to a dark alley
on the side of the building where many of the men were congregating. *
* * Orange cones were erected to close the area off, as a security
officer was assigned to stand watch.'
``The facts: If Mr. Marano had interviewed any of the event sponsors
before writing his story, he would have discovered the total error of
his perceptions. First, the dance event was sold out. Fire code would
not allow any more in the auditorium. Accordingly, security monitored
the back entrance to prevent people from entering without tickets.
Second, the orange cones alluded to were placed there by a construction
company to block access to their construction. They had nothing to do
with the dance. Finally, security guards were placed in the alley, near
the far door for two reasons. First, this was the room where all the
money was being handled and stored. Second, this entrance was also used
for supplies and garbage. Thus, there was much traffic in and out
during the evening. Security was there to make sure only the right
people used this entrance, and no one without credentials had access to
the money room.
``Mr. Speaker, the gentleman from California has sought to question
my integrity and that of the sponsors of Cherry Jubilee through
misrepresentation of the facts and distortion of the events surrounding
that weekend, and their purposes. He has every right in a free society
to pursue his opposition to those of us who happen to be gay. He has no
right to misrepresent the facts, nor distort information, in a
desperate attempt to smear an element of society he dislikes.
``While I am proud of the efforts of these four young men to raise
private funds for people in need, my personal involvement in this
weekend was very limited. I secured the space for the Sunday brunch. My
partner and I attended the brunch, first to support the cause, and
second to make sure we could refute any ill-founded allegations if they
were to come forth. I would point out to my colleagues that the Rayburn
Courtyard is consumed in sunlight between the hours of 1 and 4 in the
afternoon. I would further point out that the space is created by four
walls with oversized windows on six floors. On one side alone, there
exist 45 oversized windows. There was certainly no attempt to hide
anything, or in anyway misuse Federal property.
``I rise today, in a question of privilege, not for myself but for
others. First, I rise in defense of the four young men who worked
tirelessly throughout the spring to produce this event. They are all
professionals, in their own right, who did this out of their concern
for, and love for, those suffering from AIDS. They raised $60,000 in
new resources that we won't have to finance with Federal funds. Every
conservative and every Republican should applaud such efforts.
``Their efforts do not deserve to be misrepresented as they have been
by Mr. Dornan, Mr. Marano, and Mr. Williams. The facts simply state
otherwise.
``Second, I rise in defense of those in need of these services. We
often talk in this chamber about the declining morals of American
society. I would remind my colleagues of those words from the New
Testament, `Thou shalt love thy Lord, they God, with all thy heart, thy
soul, and mind. This is the greatest of all commandments. And thou
shalt love thy neighbor as thyself. This is the second greatest
commandment of all.'
``The Greater Washington area, today, unfortunately has the largest
concentration of HIV positive people in the country. This is at the
same time, a city suffering from financial bankruptcy. Few, if any,
have suffered from this financial mismanagement as have the AIDS
service organizations. No place in America needs the charity and help
of the individual citizens more than in this area, for this cause.
``Cherry Jubilee represented the best of the American tradition; it
was the classic public private-partnership to help those who cannot
help themselves.
``Cherry Jubilee represented the best of the American family. If
family means `unconditional love' then no group has rallied to care for
its own, more than the American gay community. When others cast the
AIDS victims out of their houses, out of their communities, and out of
their churches; the gay community raised unparalleled funds to meet the
needs of its victims.
``Cherry Jubilee represented the best of America's Judao-Christian
ethic. They saw the least of these among us, who needed food, and
clothing, and shelter. And through such events as this, they tried to
provide it. They became the love of God personified, as they became
their brothers' keepers.
``And yes, Mr. Dornan, they pursued a Republican solution to a
domestic problem. They didn't demonstrate on the steps of the Capitol
for more Federal funds. They didn't ask for more Federal mandates upon
the local community. Rather, they took it upon themselves to become a
part of the solution. They did it on their own. They were one of George
Bush's thousand points of light. They were one of Newt Gingrich's
shining lights upon a hill. They heard Bob Dole tell them to `do all
they could, and then some.' And that is what they did.
``This country desperately needs its people to stop the yelling, and
simply ask, `How can I help?' May I suggest that to begin, we stop
questioning other people's motives. Second, may I suggest that we seek
the facts, all the facts, before we make unfounded accusations. The
sponsors of these events are willing to do it again, if there is
support. But if all this should reap is misrepresentation, controversy,
and lies, they will simply stop. In that case, either we at the Federal
level must increase our financial payments, or the victims must suffer
even more.
``Let us as leaders set the right example by our words, and our
conduct. And I hope that in a small way, this time has served to
correct the inaccuracies and distortions about this event, its
activities, and my role therein.''.
para.57.18 message from the president--proliferation of nuclear,
biological and chemical weapons
The SPEAKER pro tempore, Mr. COMBEST, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 204 of the International Emergency Economic
Powers Act (50 U.S.C. 1703(c)) and section 401(c) of the National
Emergencies Act (50 U.S.C. 1641(c)), I transmit herewith a report on the
national emergency declared by Executive Order No. 12938 of November 14,
1994, in response to the threat posed by the proliferation of nuclear,
biological, and chemical weapons (``weapons of mass destruction'') and
of the means of delivering such weapons.
William J. Clinton.
The White House, May 14, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 104-210).
para.57.19 message from the president--impoundment control
The SPEAKER pro tempore, Mr. COMBEST, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report one revised deferral of budgetary
resources, totaling $1.4 billion. The deferral affects the International
Security Assistance program.
William J. Clinton.
The White House, May 14, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-211).
[[Page 1110]]
para.57.20 defense department authorization
The SPEAKER pro tempore, Mr. COMBEST, pursuant to House Resolution 430
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3230) to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1997, and for other purposes.
The SPEAKER pro tempore, Mr. COMBEST, by unanimous consent, designated
Mr. BARRETT of Nebraska as Chairman of the Committee of the Whole; and
after some time spent therein,
para.57.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. DeLAURO:
At the end of title VII (page 298, after line 24), insert
the following new section:
SEC. . RESTORATION OF PRIOR POLICY REGARDING RESTRICTIONS ON
USE OF DEPARTMENT OF DEFENSE MEDICAL
FACILITIES.
Section 1093 of title 10, United States Code, is amended--
(1) by striking out ``(a) Restriction on Use of Funds.--'';
and
(2) by striking out subsection (b).
It was decided in the
Yeas
192
<3-line {>
negative
Nays
225
para.57.22 [Roll No. 167]
AYES--192
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Bishop
Boehlert
Bonior
Bono
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cramer
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Dunn
Durbin
Edwards
Ehrlich
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Klug
Kolbe
Lantos
Leach
Levin
Lewis (GA)
Lofgren
Longley
Lowey
Luther
Maloney
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McInnis
McKinney
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moran
Morella
Nadler
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Ramstad
Rangel
Reed
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Shays
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Tanner
Thomas
Thompson
Thurman
Torkildsen
Torres
Torricelli
Traficant
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
White
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zeliff
NOES--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Borski
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Ehlers
Emerson
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Forbes
Fox
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manton
Manzullo
Mascara
McCollum
McCrery
McDade
McHugh
McIntosh
McKeon
McNulty
Metcalf
Mica
Moakley
Montgomery
Moorhead
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
NOT VOTING--16
de la Garza
Hayes
Holden
Laughlin
Lincoln
Molinari
Mollohan
Oberstar
Paxon
Pryce
Riggs
Serrano
Shaw
Thornton
Towns
Zimmer
So the amendment was not agreed to.
After some further time,
para.57.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SHAYS:
At the end of title X (page 359, after line 20), insert the
following new section:
SEC. . DEFENSE BURDENSHARING.
(a) Findings.--Congress makes the following findings:
(1) Although the Cold War has ended, the United States
continues to spend billions of dollars to promote regional
security and to make preparations for regional contingencies.
(2) United States defense expenditures primarily promote
United States national security interests; however, they also
significantly contribute to the defense of our allies.
(3) In 1993, the gross domestic product of the United
States equaled $6,300,000,000,000, while the gross domestic
product of other NATO member countries totaled
$7,200,000,000,000.
(4) Over the course of 1993, the United States spent 4.7
percent of its gross domestic product on defense, while other
NATO members collectively spent 2.5 percent of their gross
domestic product on defense.
(5) In addition to military spending, foreign assistance
plays a vital role in the establishment and maintenance of
stability in other nations and in implementing the United
States national security strategy.
(6) This assistance has often prevented the outbreak of
conflicts which otherwise would have required costly military
interventions by the United States and our allies.
(7) From 1990-1993, the United States spent $59,000,000,000
in foreign assistance, a sum which represents an amount
greater than any other nation in the world.
(8) In 1995, the United States spent over $10,000,000,000
to promote European security, while European NATO nations
only contributed $2,000,000,000 toward this effort.
(9) With a smaller gross domestic product and a larger
defense budget than its European NATO allies, the Untied
States shoulders an unfair share of the burden of the common
defense.
(10) Because of this unfair burden, the Congress previously
voted to require United States allies to bear a greater share
of the costs incurred for keeping United States military
forces permanently assigned in their countries.
(11) As a result of this action, for example, Japan now
pays over 75 percent of the nonpersonnel costs incurred by
United States military forces permanently assigned there,
while our European allies pay for less than 25 percent of
these same costs. Japan signed a new Special Measures
Agreement this year which will increase Japan's contribution
toward the cost of stationing United States troops in Japan
by approximately $30,000,000 a year over the next five years.
(12) These increased contributions help to rectify the
imbalance in the burden shouldered by the United States for
the common defense.
(13) The relative share of the burden of the common defense
still falls too heavily on the United States, and our allies
should dedicated more of their own resources to defending
themselves.
(b) Efforts To Increase Allied Burdensharing.--The
President shall seek to have each nation that has cooperative
military relations with the United States
[[Page 1111]]
(including security agreements, basing arrangements, or
mutual participation in multinational military organizations
or operations) take one or more of the following actions:
(1) For any nation in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonal
costs incurred by the United States Government for stationing
United States military personnel in that nation, with a goal
of achieving the following percentages of such costs:
(A) By September 30, 1997, 37.5 percent.
(B) By September 30, 1998, 50 percent.
(C) By September 30, 1999, 62.5 percent.
(D) By September 30, 2000, 75 percent.
An increase in financial contributions by any nation under
this paragraph may include the elimination of taxes, fees, or
other charges levied on United States military personnel,
equipment, or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic
stabilization, transparency arrangements, defense economic
conversion, respect for the rule of law, and internationally
recognized human rights) by 10 percent or at least to a level
commensurate to that of the United States by September 30,
1997.
(4) Increase the amount of military assets (including
personnel, equipment logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide, including United
Nations or regional peace operations.
(c) Authorities to Encourage Actions by United States
Allies.--In seeking the actions described in subsection (b)
with respect to any nation, or in response to a failure by
any nation to undertake one or more of such actions, the
President may take any of the following measures:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation taxes, fees, or other charges
similar to those that such nation imposes on United States
forces stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United
States bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(d) Report on Progress in Increasing Allied
Burdensharing.--Not later than March 1, 1997, the Secretary
of Defense shall submit to Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (b);
(2) all measures taken by the President, including those
authorized in subsection (c), to achieve the actions
described in subsection (b); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(e) Report on National Security Bases for Forward
Deployment and Burdensharing Relationships.--(1) In order to
ensure the best allocation of budgetary resources, the
President shall undertake a review of the status of elements
of the United States Armed Forces that are permanently
stationed outside the United States. The review shall include
an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations--to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the
rule of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the
review under paragraph (1). The report shall be submitted not
later than March 1, 1997, in classified and unclassified
form.
It was decided in the
Yeas
353
<3-line {>
affirmative
Nays
62
para.57.24 [Roll No. 168]
AYES--353
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baldacci
Ballenger
Barcia
Barrett (WI)
Barton
Bass
Becerra
Bentsen
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Burr
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Duncan
Dunn
Durbin
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (FL)
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Horn
Hoyer
Hutchinson
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Klink
Klug
LaFalce
LaHood
Lantos
Largent
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (FL)
NOES--62
Baker (CA)
Baker (LA)
Barr
Barrett (NE)
Bartlett
Bateman
Beilenson
Bereuter
Berman
Bonilla
Bunning
Burton
Chenoweth
Chrysler
Combest
DeLay
Dicks
Doolittle
Edwards
Funderburk
Gekas
Geren
Gilman
Hansen
Hastings (WA)
Hayworth
Hostettler
Houghton
Hunter
Hyde
Johnson (CT)
Johnson, Sam
Jones
King
Knollenberg
Kolbe
Latham
Laughlin
Livingston
[[Page 1112]]
McCrery
McHugh
Mica
Murtha
Packard
Peterson (FL)
Pickett
Rogers
Salmon
Saxton
Scarborough
Shadegg
Skelton
Spence
Stump
Taylor (NC)
Thornberry
Torkildsen
Vucanovich
Walker
White
Young (AK)
Zeliff
NOT VOTING--18
Boehner
Buyer
Clinger
de la Garza
Dornan
Fields (TX)
Hayes
Holden
Johnston
Kleczka
Lincoln
Molinari
Mollohan
Paxon
Pryce
Serrano
Yates
Zimmer
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. CHABOT, assumed the Chair.
When Mr. BARRETT of Nebraska, Chairman, reported that the Committee,
having had under consideration said bill, had come to no resolution
thereon.
para.57.25 order of business--permission to file report and
consideration of concurrent resolution on the budget
On motion of Mr. HOBSON, by unanimous consent,
Ordered, That the Committee on the Budget was granted permission until
midnight tonight to file a report (Rept. No. 104-283) on the concurrent
resolution (H. Con. Res. 178) establishing the conressional budget for
the United States Government for fiscal year 1997 and setting forth
appropriate budgetary levels for fiscal years 1998, 1999, 2000, 2001,
and 2002 and;
Ordered further, That it may be in order on Wednesday, May 15, 1996
for the Speaker to declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of the
concurrent resolution; that the first reading of the concurrent
resolution shall be dispensed with; that all points of order against
consideration of the concurrent resolution shall be waived; that general
debate shall be confined to the congressional budget and shall not
exceed three hours (including one hour on the subject of economic goals
and policies) equally divided and controlled by the chairman and ranking
minority member of the Committee on the Budget; that, after general
debate, the Committee of the Whole House on the state of the Union shall
rise without motion; and that no further consideration of the concurrent
resolution shall be in order except pursuant to a subsequent order of
the House.
para.57.26 notice requirement--consideration of resolution --h. res.
303
Mr. MOAKLEY, pursuant to clause 4(c) of rule XI, announced his
intention to call up resolution (H. Res. 303) as a question of
privilege.
para.57.27 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 811. An Act to authorize research into the
desalinization and reclamation of water and authorize a
program for States, cities, or qualifying agencies desiring
to own and operate a water desalinization or reclamation
facility to develop such facilities, and for other purposes;
to the Committee on Resources and, in addition, to the
Committees on Science and Transportation and Infrastructure.
para.57.28 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, a bill of the House of the following title:
On May 13, 1996:
H.R. 2137. An Act to amend the Violent Crime Control and
Law Enforcement Act of 1994 to require the release of
relevant information to protect the public from sexually
violent offenders.
para.57.29 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. MOLINARI, for today and balance of the week; and
To Mr. HOLDEN, for today and May 15.
And then,
para.57.30 adjournment
On motion of Mr. KINGSTON, pursuant to the special order agreed to on
May 10, 1996, at 11 o'clock and 36 minutes p.m., the House adjourned
until 9:00 o'clock a.m. on Wednesday, May 15, 1996.
para.57.31 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 2297. A bill to
codify without substantive change laws related to
transportation and to improve the United States Code; with an
amendment (Rept. No. 104-573). Referred to the House
Calendar.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3376. A
bill to authorize major medical facility projects and major
medical facility leases for the Department of Veterans
Affairs for fiscal year 1997, and for other purposes; with an
amendment (Rept. No. 104-574). Referred to the Committee on
the Whole House on the State of the Union.
Mr. KASICH: Committee on the Budget. House Concurrent
Resolution 178. Resolution establishing the congressional
budget for the U.S. Government for fiscal year 1997 and
setting forth appropriate budgetary levels for fiscal years
1998, 1999, 2000, 2001, and 2002 (Rept. No. 104-575).
Referred to the Committee of the Whole House on the State of
the Union.
para.57.32 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
Mr. ARCHER:
H.R. 3448. A bill to provide tax relief for small
businesses, to protect jobs, to create opportunities, to
increase the take home pay of workers, and for other
purposes; to the Committee on Ways and Means.
By Mr. SKEEN (for himself and Mr. Johnson of South
Dakota):
H.R. 3449. A bill to provide emergency livestock feed
assistance in 1996 to livestock producers whose operations
are located in areas that were approved for such assistance
in 1994 and 1995 as a result of drought and in which drought
conditions continue in 1996; to the Committee on Agriculture.
By Mr. CLINGER (for himself, Mr. English of
Pennsylvania, Mr. Fox, Mr. Gekas, Mr. Greenwood, Mr.
Klink, Mr. McDade, Mr. Shuster, Mr. Walker, and Mr.
Mascara):
H.R. 3450. A bill to provide for modification of the State
agreement under title II of the Social Security Act with the
State of Pennsylvania with respect to certain students; to
the Committee on Ways and Means.
By Mr. GEKAS:
H.R. 3451. A bill to amend the Internal Revenue Code of
1986 to exempt from certain reporting requirements certain
amounts paid to election officials and election workers; to
the Committee on Ways and Means.
By Mr. MICA (for himself, Mr. Clinger, Mr. Horn, Mr.
Bachus, Mrs. Seastrand, Mr. Solomon, Mr. Norwood, Mr.
Weldon of Florida, Mr. Kingston, Mr. Hayworth, Mr.
Burr, Mr. Ensign, Mr. Sam Johnson, Mr. Duncan, Mr.
Gilman, Mr. Bass, Ms. Greene of Utah, Mr. Kolbe, Mr.
Wamp, Mr. Zeliff, Mr. Inglis of South Carolina, Mr.
Hostettler, Mr. LaHood, Mr. Chambliss, Mrs. Kelly,
Mr. English of Pennsylvania, Mr. Schiff, Mr.
McCollum, Mr. Cox, Mr. Chrysler, Mr. Christensen, Mr.
Lazio of New York, Mr. Forbes, Mr. Lewis of Kentucky,
Mr. Coble, Mr. Miller of Florida, Mr. Saxton, Mr.
Barton of Texas, Ms. Pryce, Mr. Riggs, Mr. Pombo, Mr.
Collins of Georgia, Mr. Everett, Mr. Doolittle, Mr.
Lightfoot, Mr. Ehlers, Mr. Talent, Mr. Skeen, Mr.
Watts of Oklahoma, Mr. Castle, Mr. Dreier, Mr.
Hastert, Mr. Emerson, Mr. Smith of Michigan, Mr.
Upton, Mr. Deal of Georgia, Mr. Calvert, Mr.
Livingston, Mr. Torkildsen, Mr. McCrery, Mr. Tate,
Mr. Hoke, Mr. Hayes, Mr. Funderburk, Mr. Cooley, Mr.
Bartlett of Maryland, Mr. Crapo, Mr. Campbell, Mr.
Manzullo, Mr. Hastings of Washington, Mr. Dornan, Mr.
Jones, Mr. Portman, Mr. Fawell, Mr. Burton of
Indiana, Mr. Roberts, Mr. Sanford, Mr. Tiahrt, Mr.
McIntosh, Mr. Shadegg, Mr. Heineman, Mr. Brownback,
Mr. Rohrabacher, Mr. Bryant of Tennessee, Mr.
Largent, Mr. Souder, Mr. Davis, Mr. Roth, Mr. Tauzin,
Mr. Graham, Mr. Baker of California, Mr. Nethercutt,
Mr. McDade, Mrs. Meyers of Kansas, Mr. Fox, Mrs.
Johnson of Connecticut, Mr. Neumann, Mr. Kim, Mr.
Foley, Mr. Allard, Mr. Herger, Mr. Stearns, Mr.
Lipinski, Mr. Schaefer, Mr. Diaz-Balart, Mr. Shays,
and Mr. Taylor of North Carolina):
H.R. 3452. A bill to make certain laws applicable to the
Executive Office of the President, and for other purposes; to
the Committee on Government Reform and Oversight, and in
addition to the Committees on Economic and Educational
Opportunities, the Judiciary, and Veterans' Affairs, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. ROUKEMA (for herself, Mr. Pomeroy, and Mr.
Blute):
H.R. 3453. A bill to provide for the more effective
enforcement of child support orders; to the Committee on Ways
and Means, and in addition to the Committees on Banking and
[[Page 1113]]
Financial Services, the Judiciary, National Security,
Transportation and Infrastructure, International Relations,
Economic and Educational Opportunities, and Government Reform
and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SCHUMER:
H.R. 3454. A bill to provide enhanced penalties for
discharging or possessing a firearm during a crime of
violence or drug trafficking crime, and for discharging or
using a firearm to cause serious bodily injury during such a
crime; to the Committee on the Judiciary.
By Mr. TORRICELLI (for himself, Mrs. Lowey, and Mr.
Foglietta):
H.R. 3455. A bill to prohibit persons convicted of a crime
involving domestic violence from owning or possessing
firearms, and for other purposes; to the Committee on the
Judiciary.
By Mr. ZIMMER (for himself, Mr. Bonilla, Ms. Dunn of
Washington, Mr. Gutknecht, and Mr. Deal of Georgia):
H.R. 3456. A bill to provide for the nationwide tracking of
convicted sexual predators, and for other purposes; to the
Committee on the Judiciary.
By Mr. MORAN:
H. Res. 433. Resolution amending the Rules of the House of
Representatives to prohibit a Member, officer, or employee of
the House from distributing campaign contributions in the
Hall of the House; to the Committee on Standards of Official
Conduct.
By Mr. RANGEL:
H. Res. 434. Resolution expressing the sense of the House
of Representatives that children are America's greatest
assets; to the Committee on Economic and Educational
Opportunities.
para.57.33 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Smith of New Jersey and Mr. Everett.
H.R. 351: Mr. LaHood, Mr. Knollenberg, and Mr. Jones.
H.R. 357: Mrs. Kelly.
H.R. 359: Mr. Miller of Florida.
H.R. 635: Mr. Portman, Mr. Mascara, Mr. Taylor of
Mississippi, Mr. Dickey, Mr. Rahall, Mr. Hutchinson, Mr.
Manzullo, Mr. Largent, Mr. Nussle, Mr. Bliley, Mr. Stenholm,
Mr. Emerson, Mr. Stump, Mr. Bilbray, Mr. Young of Alaska, Mr.
Weldon of Florida, Mr. Laughlin, Ms. Woolsey, Mrs.
Vucanovich, Mr. Schaefer, Mr. Hefley, and Mr. Lewis of
California.
H.R. 713: Mr. Kildee.
H.R. 777: Mr. Fields of Louisiana, Mr. Jefferson, and Mr.
Frisa.
H.R. 778: Mr. Fields of Louisiana, Mr. Jefferson, Mr.
Frisa, and Mr. Thornberry.
H.R. 779: Mr. Torkildsen and Mr. Moran.
H.R. 780: Mr. Torkildsen and Mr. Moran.
H.R. 1073: Mr. Bartlett of Maryland, Mr. Payne of New
Jersey, and Mr. Hefner.
H.R. 1074: Ms. Lofgren, Mr. Bartlett of Maryland, Mr. Payne
of New Jersey, Mr. Borski, and Mr. Hefner.
H.R. 1154: Mr. Blute.
H.R. 1210: Ms. Brown of Florida and Mr. Solomon.
H.R. 1325: Mr. Farr, Mr. Canady, Mr. Duncan, and Mr. Evans.
H.R. 1618: Mr. Stockman and Mr. Foley.
H.R. 1776: Mr. Murtha, Mr. Burton of Indiana, Mrs. Kelly,
Ms. Dunn of Washington, Mr. Fazio of California, Mr. Packard,
Mr. Martinez, Mr. Skeen, and Mr. Hamilton.
H.R. 1998: Mr. Bereuter, Mr. Sanders, and Mr. Metcalf.
H.R. 2167: Mr. Evans.
H.R. 2200: Mr. Goodlatte and Mr. Hefley.
H.R. 2244: Mr. Greenwood and Mr. Johnson of South Dakota.
H.R. 2286: Mr. Radanovich, Mr. Solomon, and Mr. Everett.
H.R. 2320: Mr. Thornberry, Mr. Hall of Texas, and Mr.
Portman.
H.R. 2508: Mr. Solomon and Mr. Fazio of California.
H.R. 2536: Mr. Ensign, Mr. Klug, Mr. Frank of
Massachusetts, Mr. Bachus, and Mr. LoBiondo.
H.R. 2545: Ms. Brown of Florida.
H.R. 2634: Mr. Hansen.
H.R. 2651: Mr. Volkmer and Ms. DeLauro.
H.R. 2697: Mrs. Mink of Hawaii, Mrs. Maloney, Mr. Vento,
Mr. Nadler, Mr. Horn, Mr. Gonzalez, Ms. Eshoo, Mr. Borski,
Mr. Olver, Ms. Brown of Florida, Mr. Thompson, Mr. Barrett of
Wisconsin, Mr. Stokes, Mr. Brown of Ohio, Mr. Shays, Mr.
Boucher, and Mr. Clay.
H.R. 2764: Mr. Condit and Mr. Ensign.
H.R. 2779: Mr. Bereuter, Mrs. Seastrand, Mr. Schiff, and
Mr. Boehner.
H.R. 2798: Mr. Ramstad.
H.R. 2900: Mr. Stearns, Mr. Thompson, Mr. Emerson, Mr.
Wise, Mr. Edwards, Mr. Lucas, Mr. Kleczka, Mr. Quillen, Mr.
Souder, Mr. Taylor of North Carolina, Mr. LaTourette, Mr.
Gillmor, and Mr. Gordon.
H.R. 2925: Mr. Johnson of South Dakota, Mr. Frost, Mrs.
Cubin, and Mr. Collins of Georgia.
H.R. 2951: Mr. Smith of New Jersey, Mr. Pallone, Mr.
Bachus, Mr. Waxman, and Mr. Evans.
H.R. 2994: Mr. Tejeda, and Mr. Johnston of Florida.
H.R. 3084: Ms. Lofgren and Mr. Diaz-Balart.
H.R. 3106: Mr. Evans and Mr. Manton.
H.R. 3111: Mr. Young of Alaska, Mr. Hansen, Mr. McCollum,
Mr. Kennedy of Massachusetts, Mr. Bonior, Ms. McKinney, Mrs.
Collins of Illinois, Mrs. Lowey, Mr. Rangel, Mr. Livingston,
Mr. Gejdenson, Mr. Bereuter, Mr. Abercrombie, and Mr. Frost.
H.R. 3130: Ms. Slaughter.
H.R. 3135: Mr. Rangel.
H.R. 3142: Mr. Bachus, Ms. Kaptur, Mr. Ackerman, Mrs.
Clayton, Mr. Dickey, Mr. Volkmer, Mr. Chapman, Mr. Bateman,
and Mr. Bryant of Tennessee.
H.R. 3161: Mr. Hamilton.
H.R. 3180: Mr. Ackerman and Mr. Horn.
H.R. 3199: Mr. Hilleary, Mr. Cramer, and Mr. Thomas.
H.R. 3226: Mr. Johnston of Florida, Mr. Kildee, Mr.
Poshard, Ms. Dunn of Washington, Mr. Bentsen, and Mrs.
Roukema.
H.R. 3246: Mr. Watt of North Carolina.
H.R. 3252: Mr. Dellums, Mr. Lipinski, Mr. Evans, Mr.
Hilliard, and Mr. Thompson.
H.R. 3266: Mr. Condit, Mr. Blute, and Ms. McCarthy.
H.R. 3267: Mr. Durbin, Mr. Barrett of Wisconsin, and Mr.
LaFalce.
H.R. 3270: Mr. Frost and Mr. Faleomavaega.
H.R. 3303: Mr. Cunningham.
H.R. 3310: Mr. Hayworth, Mr. Chrysler, Mr. Shays, and Mr.
Porter.
H.R. 3332: Mr. Ackerman, Mr. Fazio of California, Ms.
Furse, Mr. Torres, Mrs. Clayton, Mr. Filner, Mr. Frost, and
Mr. Hilliard.
H.R. 3348: Mr. Ackerman.
H.R. 3372: Mr. Clyburn.
H.R. 3392: Mr. Frank of Massachusetts, Mr. Yates, Mr.
Pallone, Ms. Eshoo, Mr. Johnson of South Dakota, and Mr.
Matsui.
H.R. 3396: Mr. Coburn, Mr. Graham, Mr. Bachus, Mr. Barton
of Texas, Mr. Souder, Mr. Hefley, Mr. Hancock, Mr. Weldon of
Florida, Mr. Inglis of South Carolina, Mr. Bartlett of
Maryland, Mr. Smith of New Jersey, Mr. Barrett of Nebraska,
Mr. Watts of Oklahoma, Mr. Taylor of North Carolina, and Mr.
Rohrabacher.
H.R. 3401: Mr. Filner, Mr. Lipinski, Mr. Sanders, Mr.
Frazer, Mr. Coburn, Mrs. Lowey, Mrs. Kelly, Ms. Waters, Mr.
McHale, and Mr. Barrett of Wisconsin.
H.R. 3421: Mr. Torres, Mr. Payne of New Jersey, Mrs.
Seastrand, and Mr. Foley.
H.J. Res. 100: Mr. McCollum and Mr. Campbell.
H. Con. Res. 10: Mr. Johnston of Florida.
H. Con. Res. 47: Mr. Rangel and Mr. Heineman.
H. Con. Res. 51: Mr. Royce.
.
WEDNESDAY, MAY 15, 1996 (58)
The House was called to order by the SPEAKER.
para.58.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, May 14, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.58.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3027. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Importation of Embryos from Ruminants
and Swine from Countries Where Rinderpest or Foot-and-Mouth
Disease Exists Disease Exists [APHIS Docket No. 94-006-2]
received May 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3028. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Import/Export User Fees [APHIS Docket
No. 92-174-2] (RIN: 0579-AA67) received May 15, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3029. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans: Ohio (FLR-5439-4)
received May 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3030. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rules--(1) State of
California; approval of Section 112(1) Authority for
Hazardous Air Pollutants; Perchloroethylene Air Emission
Standards for Dry Cleaning Facilities (FRL-5444-6), (2) Acid
Rain Program: Continuous Emission Monitoring (FRL-5506-6),
(3) Propylene Oxide; Pesticide Tolerance (PP 6E4647/R2220)
(FRL-5357-8), and (4) National Oil and Hazardous Substances
Pollution Contingency Plan National Priorities List (FRL-
5507-3) received May 14, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3031. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed manufacturing license agreement
for production of major military equipment with Korea
(Transmittal No. DTC-19-96), pursuant to 22 U.S.C. 2776(d);
to the Committee on International Relations.
3032. A letter from the Chairman, U.S. Merit Systems
Protection Board, transmitting a draft of proposed
legislation to authorize appropriations for the U.S. Merit
[[Page 1114]]
Systems Protection Board, pursuant to 31 U.S.C. 1110; to the
Committee on Government Reform and Oversight.
3033. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific cod in the Western
Regulatory Area [Docket No. 960129018-6108-01; I.D. 050396C]
received May 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3034. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--American Lobster Fishery; Technical Amendment
[Docket No. 960409108-6108-01; I.D. 040596A] (RIN: 0648-XX61)
received May 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3035. A letter from the Chair of the Board, Office of
Compliance, transmitting notice of proposed rulemaking for
publication in the Congressional Record, pursuant to Public
Law 104-1, section 304(b)(1) (109 Stat. 29); jointly, to the
Committees on House Oversight and Economic and Educational
Opportunities.
para.58.3 recess--9:08 a.m.
The SPEAKER, pursuant to the special order agreed to on May 10, 1996,
declared the House in recess at 9 o' clock and 8 minutes a.m., subject
to the call of the Chair.
para.58.4 after recess--10:10 a.m.
The SPEAKER pro tempore, Mr. KOLBE, called the House to order.
para.58.5 providing for the consideration of h.r. 1745
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 303):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 1745) to designate certain public lands in the
State of Utah as wilderness, and for other purposes. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with clause 2(I)(6) of rule XI or section 302(f) or 311(a) of
the Congressional Budget Act of 1974 are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Resources. After
general debate the bill shall be considered for amendment
under the five-minute rule. It shall be in order to consider
as an original bill for the purpose of amendment under the
five-minute rule the amendment in the nature of a substitute
recommended by the Committee on Resources now printed in the
bill. The committee amendment in the nature of a substitute
shall be considered as read. Points of order against the
committee amendment in the nature of a substitute for failure
to comply with clause 7 of rule XVI or section 302(f) or
311(a) of the Congressional Budget Act of 1974 are waived.
Before consideration of any other amendment, it shall be in
order to consider the amendment printed in the report of the
Committee on Rules accompanying this resolution. That
amendment may be offered only by the chairman of the
Committee on Resources or his designee, shall be considered
as read, shall be debatable for ten minutes equally divided
and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. If that amendment is adopted, the bill, as
amended, shall be considered as the original bill for the
purpose of further amendment. During further consideration of
the bill for amendment, the Chairman of the Committee of the
Whole may accord priority in recognition on the basis of
whether the Member offering an amendment has caused it to be
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Amendments so
printed shall be considered as read. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the amendment in the nature of a
substitute made in order as original text. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
Mr. LINDER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. KOLBE, announced that the nays had it.
Mr. LINDER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
221
When there appeared
<3-line {>
Nays
197
para.58.6 [Roll No. 169]
YEAS--221
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fox
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--197
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Forbes
Ford
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
[[Page 1115]]
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--15
Bono
Brewster
Clement
Flake
Fowler
Holden
Largent
Lincoln
McHugh
Meehan
Molinari
Paxon
Peterson (FL)
Roth
Spratt
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KOLBE, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.58.7 committees and subcommittees to sit
On motion of Mr. LINDER, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Commerce, the Committee on Government Reform and Oversight, the
Committee on International Relations, the Committee on the Judiciary,
the Committee on Resources, the Committee on Science, the Committee on
Small Business, and the Permanent Select Committee on Intelligence.
para.58.8 proceedings during recess
On motion of Mr. LINDER, by unanimous consent, the proceedings had
during the recess to receive former Members were ordered to be printed
in the Record.
para.58.9 defense department authorization
The SPEAKER pro tempore, Mr. KOLBE, pursuant to House Resolution 430
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3230) to authorize appropriations for fiscal year 1997
for military activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1997, and for other
purposes.
Mr. BARRETT of Nebraska, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
para.58.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SOLOMON:
In section 1104 (page 362, beginning on line 17)--
(1) insert ``(a) In General.--'' before ``None of the
funds''; and
(2) add at the end (page 363, after line 12) the following:
(b) Annual Presidential Certification With Respect to
Russia and Belarus.--None of the funds appropriated for
Cooperative Threat Reduction programs for any fiscal year may
be obligated for any activity in Russia or Belarus until the
President submits to Congress, after such funds are
appropriated, a current certification of each of the
following:
(1) Russia is in compliance with all arms control
agreements.
(2) Russia is not developing offensive chemical or
biological weapons.
(3) Russia has ceased all construction of and operations at
the underground military complex at Yamantau Mountain.
(4) Russia is not modernizing its nuclear arsenal.
(5) Russia has ceased all offensive military operations in
Chechnya.
(6) Russia has begun, and is making continual progress
toward, the unconditional implementation of the Russian-
Moldovan troop withdrawal agreement, signed by the prime
ministers of Russia and Moldova on October 21, 1994, and is
not providing military assistance to any military forces in
the Transdniestra region of Moldova.
(7) Russian troops in the Kaliningrad region of Russia are
respecting the sovereign territory of Lithuania and othr
neighboring countries.
(8) The activities of Russia in the other independent
states of the former Soviet Union do not represent an attempt
by Russia to violate or otherwise diminish the sovereignty
and independence of such states.
(9) Russia is not providing any intelligence information to
Cuba and is not providing any assistance to Cuba with respect
to the signal intelligence facility at Lourdes.
(10)(A) Russia is not providing to the countries described
in subparagraph (B) goods or technology, including
conventional weapons, which could contribute to the
acquisition by these countries of chemical, biological,
nuclear, or advanced conventional weapons.
(B) The countries described in this subparagraph are Iran,
Iraq, Libya, Syria, Cuba, or any country, the government of
which the Secretary of State has determined, for purposes of
section 6(j)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(6)(j)(1)), has repeatedly provided support
for acts of international terrorism.
It was decided in the
Yeas
202
<3-line {>
negative
Nays
220
para.58.11 [Roll No. 170]
AYES--202
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Bartlett
Barton
Bass
Bateman
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
Emerson
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Frisa
Funderburk
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
LaHood
Largent
Latham
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Pastor
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Tiahrt
Torkildsen
Traficant
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--220
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Chambliss
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Ganske
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hastings (WA)
Hefner
Hilliard
Hinchey
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Kolbe
LaFalce
Lantos
LaTourette
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
[[Page 1116]]
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--11
Chapman
Clayton
Flake
Fowler
Holden
Johnson (CT)
McDade
Molinari
Moorhead
Paxon
Torricelli
So the amendment was not agreed to.
After some further time,
para.58.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GILMAN:
In section 1103 (page 362, beginning on line 1)--
(1) insert ``(a) In General.--'' before ``None of the
funds'';
(2) strike out paragraph (3) and redesignate paragraphs (4)
and (5) as paragraphs (3) and (4), respectively; and
(3) add at the end (page 362, after line 16) the following:
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to this
or any other Act may be obligated or expended for the
provision of assistance to Russia or any other state of the
former Soviet Union to promote defense conversion, including
assistance through the Defense Enterprise Fund.
It was decided in the
Yeas
249
<3-line {>
affirmative
Nays
171
para.58.13 [Roll No. 171]
AYES--249
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Pastor
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--171
Abercrombie
Ackerman
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Bliley
Bonior
Borski
Boucher
Browder
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chambliss
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Rangel
Reed
Richardson
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--13
Allard
Brown (CA)
Chapman
Conyers
DeLay
Ehrlich
Flake
Ford
Holden
Kaptur
McDade
Molinari
Paxon
So the amendment was agreed to.
After some further time,
para.58.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KLUG:
Strike out section 743 (page 297, line 12, through page
298, line 2), relating to continued operation of the
Uniformed Services University of the Health Sciences, and
insert in lieu thereof the following new section:
SEC. 743. UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES AND ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Closure of USUHS Required.--Section 2112 of title 10,
United States Code, is amended--
(1) in subsection (c)--
(A) by inserting ``and the closure'' after ``The
development''; and
(B) by striking out ``subsection (a)'' and inserting in
lieu thereof ``subsections (a) and (b)''; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
``(b)(1) Not later than September 30, 2000, the Secretary
of Defense shall close the University. To achieve the closure
of the University by that date, the Secretary shall begin to
terminate the operations of the University beginning in
fiscal year 1997. On account of the required closure of the
University under this subsection, no students may be admitted
to begin studies in the University after the date of the
enactment of this subsection.
``(2) Section 2687 of this title and any other provision of
law establishing preconditions to the closure of any activity
of the Department of Defense shall not apply with regard to
the termination of the operations of the University or to the
closure of the University pursuant to this subsection.''.
(b) Final Graduation of USUHS Students.--Section 2112(a) of
such title is amended--
(1) in the second sentence, by striking out ``, with the
first class graduating not later than September 21, 1982.''
and inserting in lieu thereof ``, except that no students may
be awarded degrees by the University after September 30,
2000.''; and
(2) by adding at the end the following new sentence: ``On a
case-by-case basis, the Secretary of Defense may provide for
the continued education of a person who, immediately before
the closure of the University under subsection (b), was a
student in the University and completed substantially all
requirements necessary to graduate from the University.''.
(c) Termination of USUHS Board of Regents.--Section 2113 of
such title is amended by adding at the end the following new
subsection:
``(k) The board shall terminate on September 30, 2000,
except that the Secretary of Defense may terminate the board
before that date as part of the termination of the operations
of the University under section 2112(b) of this title.''.
(d) Prohibition on USUHS Reciprocal Agreements.--Section
2114(e)(1) of such title is amended by adding at the end of
the following new sentence: ``No agreement may be entered
into under this subsection after the
[[Page 1117]]
date of the enactment of this sentence, and all such
agreements shall terminate not later than September 30,
2000.''.
(e) Conforming Amendments Regarding USUHS.--(1) Section 178
of such title, relating to the Henry M. Jackson Foundation
for the Advancement of Military Medicine, is amended--
(A) in subsection (b), by inserting after ``Uniformed
Services University of the Health Sciences,'' the following:
``or after the closure of the University, with the Department
of Defense,'';
(B) in subsection (c)(1)(B), by striking out ``the Dean of
the Uniformed Services University of the Health Sciences''
and inserting in lieu thereof ``a person designated by the
Secretary of Defense''; and
(C) in subsection (g)(1), by inserting after ``Uniformed
Services University of the Health Sciences,'' the following:
``Or after the closure of the University, the Secretary of
Defense''.
(2) Section 466(a)(1)(B) of the Public Health Service Act
(42 U.S.C. 286a(a)(1)(B)), relating to the Board of Regents
of the National Library of Medicine, is amended by striking
out ``the Dean of the Uniformed Services University of the
Health Sciences,''.
(f) Clerical Amendments.--(1) The heading of section 2112
of title 10, United States Code, is amended to read to read
as follows:
``Sec. 2112. Establishment and closure of University''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 104 of such title is
amended to read as follows:
``2112. Establishment and closure of University.''.
(g) Active Duty Commitment Under Scholarship Program.--(1)
Section 2123(a) of title 10, United States Code, is amended
by striking out ``one year for each year of participation in
the program'' and inserting in lieu thereof ``seven years
following completion of the program''.
(2) The amendment made by paragraph (1) shall apply with
respect to members of the Armed Forces Health Professions
Scholarship and Financial Assistance program who first enroll
in the program after the date of the enactment of this Act.
It was decided in the
Yeas
82
<3-line {>
negative
Nays
343
para.58.15 [Roll No. 172]
AYES--82
Andrews
Barrett (WI)
Barton
Boehlert
Brown (CA)
Brown (FL)
Brownback
Camp
Campbell
Chenoweth
Chrysler
Coble
Conyers
Cox
Cubin
DeFazio
Dellums
Duncan
Ehlers
Foley
Forbes
Frank (MA)
Franks (NJ)
Goodlatte
Gutknecht
Hamilton
Hayworth
Hoekstra
Hoke
Houghton
Jackson (IL)
Kennedy (MA)
Kennedy (RI)
Kleczka
Klug
Largent
Lipinski
Lofgren
Luther
Martinez
McDade
McDermott
Meehan
Metcalf
Miller (CA)
Minge
Neal
Neumann
Obey
Olver
Orton
Owens
Pelosi
Peterson (MN)
Petri
Ramstad
Rangel
Reed
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sabo
Salmon
Sanford
Schroeder
Sensenbrenner
Serrano
Shadegg
Shays
Skaggs
Slaughter
Smith (MI)
Souder
Tiahrt
Upton
Visclosky
Watt (NC)
Weller
White
Zimmer
NOES--343
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Ford
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lowey
Lucas
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Mica
Millender-McDonald
Miller (FL)
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Ney
Norwood
Nussle
Oberstar
Ortiz
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Peterson (FL)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Rivers
Roberts
Rogers
Rose
Roukema
Roybal-Allard
Rush
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOT VOTING--8
Durbin
Flake
Hilliard
Holden
Molinari
Paxon
Riggs
Talent
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. YOUNG of Florida, assumed the Chair.
When Mr. BARRETT of Nebraska, Chairman, pursuant to House Resolution
430, reported the bill back to the House with an amendment adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1997''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of certain aircraft.
Sec. 112. Multiyear procurement authority for Army programs.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Cost limitations for Seawolf submarine program.
Sec. 123. Pulse Doppler Radar modification.
Sec. 124. Reduction in number of vessels excluded from limit on
purchase of vessels built in foreign shipyards.
Sec. 125. T-39N trainer aircraft for the Navy.
[[Page 1118]]
Subtitle D--Air Force Programs
Sec. 141. Repeal of limitation on procurement of F-15E aircraft.
Sec. 142. C-17 aircraft procurement.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Live-fire survivability testing of V-22 aircraft.
Sec. 213. Live-fire survivability testing of F-22 aircraft.
Sec. 214. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 215. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare
defense technology.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Unmanned aerial vehicles.
Sec. 218. Hydra-70 rocket product improvement program.
Sec. 219. Space-Based Infrared System program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Joint United States-Israeli Nautilus Laser/Theater High
Energy Laser program.
Sec. 222. Nonlethal weapons research and development program.
Sec. 223. High altitude endurance unmanned aerial reconnaissance
system.
Sec. 224. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or chemical
weapons.
Subtitle C--Ballistic Missile Defense Programs
Sec. 231. Funding for Ballistic Missile Defense programs for fiscal
year 1997.
Sec. 232. Certification of capability of United States to defend
against single ballistic missile.
Sec. 233. Policy on compliance with the ABM Treaty.
Sec. 234. Requirement that multilateralization of the ABM Treaty be
done only through treaty-making power.
Sec. 235. Report on ballistic missile defense and proliferation.
Sec. 236. Revision to annual report on Ballistic Missile Defense
programs.
Sec. 237. ABM Treaty defined.
Sec. 238. Capability of National Missile Defense system.
Subtitle D--Other Matters
Sec. 241. Uniform procedures and criteria for maintenance and repair at
Air Force installations.
Sec. 242. Requirements relating to Small Business Innovation Research
Program.
Sec. 243. Extension of deadline for delivery of Enhanced Fiber Optic
Guided Missile (EFOG-M) system.
Sec. 244. Amendment to University Research Initiative Support program.
Sec. 245. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 246. Elimination of report on the use of competitive procedures
for the award of certain contracts to colleges and
universities.
Sec. 247. National Oceanographic Partnership Program.
Sec. 248. Funding increase for field emission flat panel technology.
Sec. 249. Natural resources assessment and training delivery system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and
services.
Sec. 312. Exclusion of large maintenance and repair projects from
percentage limitation on contracting for depot-level
maintenance.
Subtitle C--Environmental Provisions
Sec. 321. Repeal of report on contractor reimbursement costs.
Sec. 322. Payments of stipulated penalties assessed under CERCLA.
Sec. 323. Conservation and Readiness Program.
Sec. 324. Navy compliance with shipboard solid waste control
requirements.
Sec. 325. Authority to develop and implement land use plans for Defense
Environmental Restoration Program.
Sec. 326. Pilot program to test alternative technologies for limiting
air emissions during shipyard blasting and coating
operations.
Sec. 327. Navy program to monitor ecological effects of organotin.
Sec. 328. Agreements for services of other agencies in support of
environmental technology demonstration and validation.
Subtitle D--Civilian Employees and Nonappropriated Fund Instrumentality
Employees
Sec. 331. Repeal of prohibition on payment of lodging expenses when
adequate Government quarters are available.
Sec. 332. Voluntary separation incentive pay modification.
Sec. 333. Wage-board compensatory time off.
Sec. 334. Simplification of rules relating to the observance of certain
holidays.
Sec. 335. Phased retirement.
Sec. 336. Modification of authority for civilian employees of
Department of Defense to participate voluntarily in
reductions in force.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies and instrumentalities for goods
and services.
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle F--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and duplication services.
Sec. 352. Requirement regarding use of private shipyards for complex
naval ship repair contracts.
Subtitle G--Other Matters
Sec. 360. Termination of Defense Business Operations Fund and
preparation of plan regarding improved operation of
working-capital funds.
Sec. 361. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 362. Transfer of excess personal property to support law
enforcement activities.
Sec. 363. Storage of motor vehicle in lieu of transportation.
Sec. 364. Control of transportation systems in time of war.
Sec. 365. Security protections at Department of Defense facilities in
National Capital Region.
Sec. 366. Modifications to Armed Forces Retirement Home Act of 1991.
Sec. 367. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 368. Retention of civilian employee positions at military training
bases transferred to National Guard.
Sec. 369. Expansion of authority to donate unusable food.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel and
Navy grades of lieutenant commander, commander, and
captain.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
Sec. 501. Authorization for senior enlisted members to reenlist for an
indefinite period of time.
Sec. 502. Authority to extend entry on active duty under the Delayed
Entry Program.
Sec. 503. Permanent authority for Navy spot promotions for certain
lieutenants.
Sec. 504. Reports on response to recommendations concerning
improvements to Department of Defense Joint Manpower
Process.
Sec. 505. Frequency of reports to Congress on Joint Officer Management
Policies.
Sec. 506. Repeal of requirement that commissioned officers be initially
appointed in a reserve grade.
Sec. 507. Continuation on active status for certain reserve officers of
the Air Force.
Sec. 508. Clarification of applicability of certain management
constraints on major range and test facility base
structure.
Subtitle B--Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
[[Page 1119]]
Sec. 512. Training for reserves on active duty in support of the
reserves.
Sec. 513. Clarification to definition of active status.
Sec. 514. Appointment above grade of 0-2 in the Naval Reserve.
Sec. 515. Report on number of advisers in active component support of
reserves pilot program.
Sec. 516. Sense of Congress and report regarding reemployment rights
for mobilized reservists employed in foreign countries.
Sec. 517. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Subtitle C--Jurisdiction and Powers of Courts-Martial for the National
Guard When Not in Federal Service
Sec. 531. Composition, jurisdiction, and procedures of courts-martial.
Sec. 532. General courts-martial.
Sec. 533. Special courts-martial.
Sec. 534. Summary courts-martial.
Sec. 535. Repeal of authority for confinement in lieu of fine.
Sec. 536. Approval of sentence of bad conduct discharge or confinement.
Sec. 537. Authority of military judges.
Sec. 538. Statutory reorganization.
Sec. 539. Effective date.
Sec. 540. Conforming amendments to Uniform Code of Military Justice.
Subtitle D--Education and Training Programs
Sec. 551. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training Corps
and the service academies.
Sec. 552. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 553. ROTC scholarship student participation in simultaneous
membership program.
Sec. 554. Expansion of ROTC advanced training program to include
graduate students.
Sec. 555. Reserve credit for members of Armed Forces Health Professions
Scholarship and Financial Assistance Program.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC)
participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy
graduates to be assigned directly to reserve duty upon
graduation.
Subtitle E--Other Matters
Sec. 561. Hate crimes in the military.
Sec. 562. Authority of a reserve judge advocate to act as a notary
public.
Sec. 563. Authority to provide legal assistance to Public Health
Service officers.
Sec. 564. Excepted appointment of certain judicial non-attorney staff
in the United States Court of Appeals for the Armed
Forces.
Sec. 565. Replacement of certain American theater campaign ribbons.
Sec. 566. Restoration of regulations prohibiting service of homosexuals
in the Armed Forces.
Sec. 567. Reenactment and modification of mandatory separation from
service for members diagnosed with HIV-1 virus.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 603. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse
officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Special incentives to recruit and retain dental officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Temporary lodging expenses of member in connection with first
permanent change of station.
Sec. 622. Allowance in connection with shipping motor vehicle at
government expense.
Sec. 623. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 624. Allowance for travel performed in connection with leave
between consecutive overseas tours.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Increase in annual limit on days of inactive duty training
creditable towards reserve retirement.
Sec. 632. Authority for retirement in grade in which a member has been
selected for promotion when a physical disability
intervenes.
Sec. 633. Eligibility for reserve disability retirement for reserves
injured while away from home overnight for inactive-duty
training.
Sec. 634. Retirement of reserve enlisted members who qualify for active
duty retirement after administrative reduction in
enlisted grade.
Sec. 635. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 636. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 637. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Sec. 639. Nonsubstantive restatement of Survivor Benefit Plan statute.
Subtitle E--Other Matters
Sec. 651. Technical correction clarifying ability of certain members to
elect not to occupy Government quarters.
Sec. 652. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard
technicians.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Medical and dental care for reserve component members in a
duty status.
Sec. 702. Preventive health care screening for colon and prostate
cancer.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 713. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services
health care delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical
trials.
Sec. 732. Authority to waive or reduce CHAMPUS deductible amounts for
reservists called to active duty in support of
contingency operations.
Sec. 733. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 734. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 735. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 736. Expansion of collection authorities from third-party payers.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial
Assistance program and Uniformed Services University of
the Health Sciences.
Sec. 742. Exception to strength limitations for Public Health Service
officers assigned to Department of Defense.
Sec. 743. Continued operation of Uniformed Services University of the
Health Sciences.
Sec. 744. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial Assistance
program.
Sec. 745. Report regarding specialized treatment facility program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 802. Exclusion from certain post-education duty assignments for
members of Acquisition Corps.
Sec. 803. Extension of authority to carry out certain prototype
projects.
Sec. 804. Increase in threshold amounts for major systems.
Sec. 805. Revisions in information required to be included in Selected
Acquisition Reports.
Sec. 806. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
[[Page 1120]]
Sec. 807. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 808. Extension of pilot mentor-protege program.
Subtitle B--Other Matters
Sec. 821. Amendment to definition of national security system under
Information Technology Management Reform Act of 1995.
Sec. 822. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 823. Repeal of annual report by advocate for competition.
Sec. 824. Repeal of biannual report on procurement regulatory activity.
Sec. 825. Repeal of multiyear limitation on contracts for inspection,
maintenance, and repair.
Sec. 826. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in
contracts under major defense programs.
Sec. 827. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 828. Testing of defense acquisition programs.
Sec. 829. Dependency of national technology and industrial base on
supplies available only from foreign countries.
Sec. 830. Sense of Congress regarding treatment of Department of
Defense cable television franchise agreements.
Sec. 831. Extension of domestic source limitation for valves and
machine tools.
Sec. 832. Demonstration project for purchase of fire, security, police,
public works, and utility services from local government
agencies.
Sec. 833. Study of effectiveness of defense mergers.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Additional required reduction in defense acquisition
workforce.
Sec. 902. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 903. Report on military department headquarters staffs.
Sec. 904. Extension of effective date for charter for Joint
Requirements Oversight Council.
Sec. 905. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 906. Membership of the Ammunition Storage Board.
Sec. 907. Department of Defense disbursing official check cashing and
exchange transactions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for budget requests for Defense Airborne
Reconnaissance program.
Subtitle B--Reports and Studies
Sec. 1021. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1022. Report on protection of national information infrastructure.
Sec. 1023. Report on witness interview procedures for Department of
Defense criminal investigations.
Subtitle C--Other Matters
Sec. 1031. Information systems security program.
Sec. 1032. Aviation and vessel war risk insurance.
Sec. 1033. Aircraft accident investigation boards.
Sec. 1034. Authority for use of appropriated funds for recruiting
functions.
Sec. 1035. Authority for award of Medal of Honor to certain African
American soldiers who served during World War II.
Sec. 1036. Compensation for persons awarded prisoner of war medal who
did not previously receive compensation as a prisoner of
war.
Sec. 1037. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1038. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1039. Technical and clerical amendments.
Sec. 1040. Prohibition on carrying out SR-71 strategic reconnaissance
program during fiscal year 1997.
Sec. 1041. Defense burdensharing.
Sec. 1042. Authority to transport health professionals seeking to
provide health-related humanitarian relief services.
Sec. 1043. Treatment of excess defense articles of Coast Guard under
Foreign Assistance Act of 1961.
Sec. 1044. Forfeiture of retired pay of members who are absent from the
United States to avoid prosecution.
Sec. 1045. Chemical stockpile emergency preparedness program.
Sec. 1046. Quarterly reports regarding coproduction agreements.
Sec. 1047. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1048. Sense of Congress and Presidential report regarding nuclear
weapons proliferation and policies of the People's
Republic of China.
Sec. 1049. Transfer of U.S.S. Drum to City of Vallejo, California.
Sec. 1050. Evaluation of digital video network equipment used in
Olympic games.
Sec. 1051. Mission of the White House Communications Agency.
Sec. 1052. Transfer of naval vessels to certain foreign countries.
Sec. 1053. Annual report relating to Buy American Act.
Sec. 1054. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1055. Southwest Border States Anti-Drug Information System.
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1997 funding allocations.
Sec. 1103. Prohibition on use of funds for specified purposes.
Sec. 1104. Limitation on use of funds until specified reports are
submitted.
Sec. 1105. Availability of funds.
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and reserve general and flag officer
authorizations.
Sec. 1214. Guard and Reserve technicians.
Sec. 1215. Technical amendment reflecting prior revision to National
Guard Bureau charter.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
Reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers
of members of reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from reserve service during contingency
operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Codification of annual authority to pay transient housing
charges or provide lodging in kind for members performing
active duty for training or inactive-duty training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Commendation of Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
reserve service.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Miscellaneous Matters
Sec. 1301. One-year extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Certification required before observance of moratorium on
use by Armed Forces of antipersonnel landmines.
Sec. 1304. Department of Defense demining program.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1307. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1308. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
[[Page 1121]]
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV--SIKES ACT IMPROVEMENT
Sec. 1401. Short title.
Sec. 1402. Definition of Sikes Act for purposes of amendments.
Sec. 1403. Codification of short title of Act.
Sec. 1404. Integrated natural resource management plans.
Sec. 1405. Review for preparation of integrated natural resource
management plans.
Sec. 1406. Annual reviews and reports.
Sec. 1407. Transfer of wildlife conservation fees from closed military
installations.
Sec. 1408. Federal enforcement of integrated natural resource
management plans and enforcement of other laws.
Sec. 1409. Natural resource management services.
Sec. 1410. Definitions.
Sec. 1411. Cooperative agreements.
Sec. 1412. Repeal of superseded provision.
Sec. 1413. Clerical amendments.
Sec. 1414. Authorizations of appropriations.
TITLE XV--DEFENSE AND SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
Sec. 1501. Terms of loans under the foreign military financing program.
Sec. 1502. Additional requirements under the foreign military financing
program.
Sec. 1503. Drawdown special authorities.
Sec. 1504. Transfer of excess defense articles.
Sec. 1505. Excess defense articles for certain European countries.
Subtitle B--International Military Education and Training.
Sec. 1511. Assistance for Indonesia.
Sec. 1512. Additional requirements.
Subtitle C--Antiterrorism Assistance.
Sec. 1521. Antiterrorism training assistance.
Sec. 1522. Research and development expenses.
Subtitle D--Narcotics Control Assistance.
Sec. 1531. Additional requirements.
Sec. 1532. Notification requirement.
Sec. 1533. Waiver of restrictions for narcotics-related economic
assistance.
Subtitle E--Other Provisions.
Sec. 1541. Standardization of Congressional review procedures for arms
transfers.
Sec. 1542. Increased standardization, rationalization, and
interoperability of assistance and sales programs.
Sec. 1543. Definition of significant military equipment.
Sec. 1544. Elimination of annual reporting requirement relating to the
special defense acquisition fund.
Sec. 1545. Cost of leased defense articles that have been lost or
destroyed.
Sec. 1546. Designation of major non-NATO allies.
Sec. 1547. Certification thresholds.
Sec. 1548. Depleted uranium ammunition.
Sec. 1549. End-use monitoring of defense articles and defense services.
Sec. 1550. Brokering activities relating to commercial sales of defense
articles and services.
Sec. 1551. Return and exchanges of defense articles previously
transferred pursuant to the Arms Export Control Act.
Sec. 1552. National security interest determination to waive
reimbursement of depreciation for leased defense
articles.
Sec. 1553. Eligibility of Panama under Arms Export Control Act.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Correction in authorized uses of funds, Fort Irwin,
California.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
Sec. 2206. Lease to facilitate construction of reserve center, Naval
Air Station, Meridian, Mississippi.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Naming of range at Camp Shelby, Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2705. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family Housing
Sec. 2801. North Atlantic Treaty Organization Security Investment
Program.
Sec. 2802. Authority to demolish excess facilities.
Sec. 2803. Improvements to family housing units.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunization Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer and exchange of jurisdiction, Arlington National
Cemetery, Arlington, Virginia.
Sec. 2822. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2823. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2824. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Part III--Air Force Conveyances
Sec. 2841. Conveyance of primate research complex, Holloman Air Force
Base, New Mexico.
Sec. 2842. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Subtitle D--Other Matters
Sec. 2861. Easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military
installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown Air
Reserve Station, Ohio.
Sec. 2864. Designation of Michael O'Callaghan Military Hospital.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reservation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
[[Page 1122]]
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Production of high explosives.
Sec. 3134. Limitation on use of funds by laboratories for laboratory-
directed research and development.
Sec. 3135. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3136. International cooperative stockpile stewardship programs.
Sec. 3137. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3138. Management structure for nuclear weapons production
facilities and nuclear weapons laboratories.
Subtitle D--Other Matters
Sec. 3141. Report on nuclear weapons stockpile memorandum.
Sec. 3142. Report on plutonium pit production and remanufacturing
plans.
Sec. 3143. Amendments relating to baseline environmental management
reports.
Sec. 3144. Requirement to develop future use plans for environmental
management program.
Sec. 3145. Worker health and safety improvements at Defense Nuclear
Complex, Miamisburg, Ohio.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3151. Purpose.
Sec. 3152. Covered defense nuclear facilities.
Sec. 3153. Site manager.
Sec. 3154. Department of Energy orders.
Sec. 3155. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3156. Performance-based contracting.
Sec. 3157. Designation of defense nuclear facilities as national
environmental cleanup demonstration areas.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation expenses.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application
of Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of Commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption.
Sec. 3548. Miscellaneous conforming amendments to title 5, United
States Code.
Sec. 3549. Repeal of Panama Canal Code.
Sec. 3550. Miscellaneous clerical and conforming amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement for the Army as follows:
(1) For aircraft, $1,556,615,000.
(2) For missiles, $1,027,829,000.
(3) For weapons and tracked combat vehicles,
$1,334,814,000.
(4) For ammunition, $1,160,728,000.
(5) For other procurement, $2,812,240,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Navy as follows:
(1) For aircraft, $6,668,952,000.
(2) For weapons, including missiles and torpedoes,
$1,305,308,000.
(3) For shipbuilding and conversion, $5,479,930,000.
(4) For other procurement, $2,871,495,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1997 for procurement for the
Marine Corps in the amount of $546,748,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition
for Navy and the Marine Corps in the amount of $599,239,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement for the Air Force as follows:
(1) For aircraft, $7,271,928,000.
(2) For missiles, $4,341,178,000.
(3) For ammunition, $303,899,000.
(4) For other procurement, $6,117,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for Defense-wide procurement in the amount of
$1,890,212,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $118,000,000.
(2) For the Air National Guard, $158,000,000.
(3) For the Army Reserve, $106,000,000.
(4) For the Naval Reserve, $192,000,000.
(5) For the Air Force Reserve, $148,000,000.
(6) For the Marine Corps Reserve, $83,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement
[[Page 1123]]
for the Inspector General of the Department of Defense in the
amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be
appropriated for fiscal year 1997 the amount of $799,847,000
for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(b) Amount for Alternative Technology and Approaches
Project.--Of the amount specified in subsection (a),
$21,000,000 shall be available for the Alternative Technology
and Approaches Project.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$269,470,000.
Subtitle B--Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF CERTAIN
AIRCRAFT.
(a) Apache Helicopters.--Section 132 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1383) is repealed.
(b) OH-58D Armed Kiowa Warrior Helicopters.--Section 133
the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Stat. 1383) is repealed.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
(a) Avenger Air Defense Missile System.--Notwithstanding
the limitation in subsection (k) of section 2306b of title
10, United States Code, relating to the maximum duration of a
multiyear contract under the authority of that section, the
Secretary of the Army may extend the multiyear contract in
effect during fiscal year 1996 for the Avenger Air Defense
Missile system through fiscal year 1997 and may award such an
extension.
(b) Army Tactical Missile System.--The Secretary of the
Army may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear procurement
contract, beginning with the fiscal year 1997 program year,
for procurement of the Army Tactical Missile System (Army
TACMS).
Subtitle C--Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Amounts Authorized From SCN Account.--Of the amount
authorized by section 102 to be appropriated for Shipbuilding
and Conversion, Navy, for fiscal year 1997--
(1) $699,071,000 is available for continued construction of
the third vessel (designated SSN-23) in the Seawolf attack
submarine class, which shall be the final vessel in that
class;
(2) $296,186,000 is available for long-lead and advance
construction and procurement of components for construction
of a submarine (previously designated by the Navy as the New
Attack Submarine) beginning in fiscal year 1998 to be built
by Electric Boat Division; and
(3) $504,000,000 is available for long-lead and advance
construction and procurement of components for construction
of a second submarine (previously designated by the Navy as
the New Attack Submarine) beginning in fiscal year 1999 to be
built by Newport News Shipbuilding.
(b) Amounts Authorized From Navy RDT&E Account.--(1) Of the
amount authorized to be appropriated by section 201 for
Research, Development, Test, and Evaluation, Navy,
$489,443,000 is available for the design of the submarine
previously designated by the Navy as the New Attack
Submarine. Such funds shall be available for obligation and
expenditure under contracts with Electric Boat Division and
Newport News Shipbuilding to carry out the provisions of the
``Memorandum of Agreement Among the Department of the Navy,
Electric Boat Corporation (EB) and Newport News Shipbuilding
and Drydock Company (NNS) Concerning the New Attack
Submarine'', dated April 5, 1996, relating to design data
transfer, design improvements, integrated process teams,
updated design base, and other research and development
initiatives related to the design of such submarine.
(2)(A) Of the amount authorized to be appropriated by
section 201(2), $60,000,000 is available to address the
inclusion on future nuclear attack submarines of the specific
advanced technologies that are identified by the Secretary of
Defense (in the report of the Secretary entitled ``Report on
Nuclear Attack Submarine Procurement and Submarine
Technology'', submitted to Congress on March 26, 1996) as
those technologies the maturation of which the Submarine
Technology Assessment Panel recommended be addressed in its
March 15, 1996, final report to the Assistant Secretary of
the Navy for Research, Development, and Acquisition, as
follows: hydrodynamics, alternative sail designs, advanced
arrays, electric drive, external weapons and active controls
and mounts.
(B) Of the amount referred to in subparagraph (A),
$20,000,000 shall be equally divided between the two
shipyards for the purpose of ensuring that the shipyards are
principal participants in the process of addressing the
inclusion of technologies referred to in subparagraph (A).
The Secretary of the Navy shall ensure that those shipyards
have access for such purpose (under procedures prescribed by
the Secretary) to the Navy laboratories and the Office of
Naval Intelligence and (in accordance with arrangements to be
made by the Secretary) to the Defense Advanced Research
Projects Agency.
(3) Of the amount authorized to be appropriated by section
201(2), $38,000,000 is available to begin funding those
Category I and Category II advanced technologies described in
Appendix C of the report of the Secretary of Defense referred
to in paragraph (2).
(4) Of the amount authorized to be appropriated by section
201(2), $40,000,000 is available to provide funds for the
design improvements in accordance with subsection (f), to be
equally divided between the two shipyards.
(5)(A) Of the amount authorized to be appropriated by
section 201(2), $50,000,000 is available to initiate the
design of a new, next-generation nuclear attack submarine,
the design of which is not intended to be an outgrowth of the
submarine program described in section 131 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 208). Those funds shall be equally divided
between the two shipyards and shall provide alternatives to
the design or designs to be derived in accordance with
subsection (f). The Secretary of the Navy shall compete those
alternative designs with the design or designs to be derived
in accordance with subsection (f) for serial production
beginning not earlier than fiscal year 2003.
(B) The design under subparagraph (A) should proceed from,
but not be limited to, the technology specified in paragraph
(2)(A), especially with respect to hydrodynamics concepts and
technologies. The Secretary shall require the two shipyards
to submit to the Secretary an annual report on the progress
of the design work under subparagraph (A) and shall transmit
each such report to the committees specified in subsection
(d)(1).
(c) Contracts Authorized.--(1) The Secretary of the Navy is
authorized, using funds available pursuant to paragraphs (2)
and (3) of subsection (a), to enter into contracts with
Electric Boat Division and Newport News Shipbuilding, and
suppliers of components, during fiscal year 1997 for--
(A) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(B) advance construction of such components and other
components for such submarines.
(2) The Secretary may enter into a contract or contracts
under this section with the shipbuilder of the fiscal year
1998 submarine only if the Secretary enters into a contract
or contracts under this section with the shipbuilder of the
fiscal year 1999 submarine.
(d) Limitations.--(1) Of the amounts specified in
subsection (a), not more than $50,000,000 may be obligated
until the Secretary of Defense certifies in writing to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives that
procurement of nuclear attack submarines to be constructed
after four submarines are procured as provided for in the
plan described in section 131(c) of the National Defense
Authorization Act for fiscal year 1996 will be under one or
more contracts that are entered into after competition
between Electric Boat Division and Newport News Shipbuilding
in which the Secretary of the Navy solicits competitive
proposals and awards the contract or contracts on the basis
of best value to the Government.
(2) Of the amounts specified in subsection (a), not more
than $50,000,000 may be obligated until the Under Secretary
of Defense for Acquisition and Technology submits to the
congressional committees specified in paragraph (1) a report
in writing detailing the following:
(A) The Under Secretary's oversight activities to date, and
plans for the future, for the development and improvement of
the nuclear attack submarine program of the Navy as required
by section 131(b)(2)(C) of the National Defense Authorization
Act for Fiscal Year 1996.
(B) The implementation of, and activities conducted under,
the program required to be established by the Director of the
Defense Advanced Research Projects Agency by section 131(i)
of the National Defense Authorization Act for Fiscal Year
1996 for the development and demonstration of advanced
submarine technologies and a rapid prototype acquisition
strategy for both land-based and at-sea subsystem and system
demonstrations of such technologies.
(C) A description of all research, development, test, and
evaluation programs, projects, or activities within the
Department of Defense which are designed to or which could,
in the opinion of the Under Secretary, contribute to the
development and demonstration of advanced submarine
technologies leading to a more capable, more affordable
nuclear attack submarine, specifically identifying ongoing
involvement, and plans for future involvement, in any such
program, project or activity by either Electric Boat
Division, Newport News Shipbuilding, or both.
(3) Of the amount specified in subsection (b)(1), not more
than $50,000,000 may be obligated or expended until the Under
Secretary of Defense (Comptroller) certifies in writing to
the congressional committees specified in paragraph (1) that
the Department has complied with section 132 of the National
Defense Authorization Act for Fiscal Year 1996
[[Page 1124]]
and that the funds specified in paragraphs (2), (3), and (4)
of subsection (b), have been obligated.
(e) Acquisition Simplification.--(1) In furtherance of the
direction provided by subsection (d) of section 131 of the
National Defense Authorization Act for Fiscal Year 1996 to
the Secretary of Defense regarding the application of
acquisition reform policies and procedures to the submarine
program under that section, the Secretary shall direct the
Secretary of the Navy to implement for the submarine programs
of the Navy the acquisition reform initiatives begun by the
Secretary of the Air Force in May 1995 referred to as the
``Lightning Bolt'' initiatives. The Secretary of the Navy
shall, not later than March 31, 1997, submit to the
congressional committees specified in subsection (d)(1) a
report on the results of the implementation of such
initiatives.
(f) Design Responsibility.--(1) The Secretary of the Navy
shall carry out the submarine program described in section
131 of the National Defense Authorization Act for Fiscal Year
1996 in a manner that ensures that neither of the two
shipyards has the lead responsibility for submarine design
under the program. Each of the two shipyards involved in the
design and construction of the four submarines described in
that section shall be allowed to propose to the Secretary any
design improvement that shipyard considers appropriate for
the submarines to be built at that shipyard as part of those
four submarines. Control of the configuration of each of the
four submarines shall be separately maintained, and there
shall be no single design to compete for serial production
with those designs derived from the design work under
subsection (b)(5), such competition to occur not earlier than
fiscal year 2003.
(2) The Secretary of the Navy shall submit an annual report
to the committees specified in subsection (d)(1) on the
design improvements proposed by the two shipyards under
paragraph (1) for incorporation on any of the four submarines
using the funds specified in subsection (b)(4). Each annual
report shall set forth each design improvement proposed and
whether that proposal was--
(A) reviewed, approved, and funded by the Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall include
the reasons therefor and any views of the shipyard making the
proposal.
SEC. 122. COST LIMITATIONS FOR SEAWOLF SUBMARINE PROGRAM.
(a) First Two Submarines.--The total amount obligated or
expended for procurement of the first two Seawolf-class
submarines (designated as SSN-21 and SSN-22) may not exceed
$4,793,557,000.
(b) Third Submarine.--The total amount obligated or
expended for procurement of the third Seawolf-class submarine
(designated as SSN-23) may not exceed $2,430,102,000.
(c) Automatic Increase in SSN-21 and SSN-22 Limitation
Amount.--The amount of the limitation set forth in subsection
(a) is increased by the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in that subsection.
(2) The amounts of increases in costs for those submarines
attributable to economic inflation after September 30, 1995.
(3) The amounts of increases in costs for those submarines
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1995.
(d) Automatic Increase in SSN-23 Limitation Amount.--The
amount of the limitation set forth in subsection (b) is
increased by the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarine referred to in that subsection.
(2) The amounts of increases in costs for that submarine
attributable to economic inflation after September 30, 1995.
(3) The amounts of increases in costs for that submarine
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 1995.
(e) Repeal of Superseded Provision.--Section 133 of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 211) is repealed.
SEC. 123. PULSE DOPPLER RADAR MODIFICATION.
The Secretary of the Navy shall, to the extent specifically
provided in an appropriations Act enacted after the date of
the enactment of this Act, spend $29,000,000 solely for
development and procurement of the Pulse Doppler Upgrade
modification to the AN/SPS-48E radar system, to be derived by
the Secretary from amounts appropriated for Other
Procurement, Navy, for fiscal years before fiscal year 1997
that are unobligated and remain available for obligation.
SEC. 124. REDUCTION IN NUMBER OF VESSELS EXCLUDED FROM LIMIT
ON PURCHASE OF VESSELS BUILT IN FOREIGN
SHIPYARDS.
Section 1023 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2838) is
amended by striking out ``three ships'' and inserting in lieu
thereof ``one ship''.
SEC. 125. T-39N TRAINER AIRCRAFT FOR THE NAVY.
(a) Procurement.--The Secretary of the Navy shall, using
funds appropriated for fiscal year 1996 for procurement of T-
39N trainer aircraft for the Navy that remain available for
obligation for such purpose, enter into a contract only for
the acquisition of not less than 17 T-39N aircraft for naval
flight officer training that are suitable for low-level
training flights. The Secretary shall use procurement
procedures authorized under section 2304(c) of title 10,
United States Code, for a contract under subsection (a). The
Secretary shall enter into such a contract not later than 15
days after the date of the enactment of this Act.
(b) Conforming Repeal.--Subsection (a) of section 137 of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 212) is repealed.
Subtitle D--Air Force Programs
SEC. 141. REPEAL OF LIMITATION ON PROCUREMENT OF F-15E
AIRCRAFT.
Section 134 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1383) is repealed.
SEC. 142. C-17 AIRCRAFT PROCUREMENT.
The Secretary of the Air Force may, in accordance with
section 2306b of title 10, United States Code, enter into a
multiyear contract under the C-17 aircraft program for the
procurement of a total of not more than 80 aircraft. Such a
contract may (notwithstanding subsection (k) of such section
2306b) be entered into for a period of six program years,
beginning with fiscal year 1997.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,669,979,000.
(2) For the Navy, $8,189,957,000.
(3) For the Air Force, $13,271,087,000.
(4) For Defense-wide activities, $9,406,377,000, of which--
(A) $252,038,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1997.--Of the amounts authorized to be
appropriated by section 201, $4,088,043,000 shall be
available for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and
applied research'' means work funded in program elements for
defense research and development under Department of Defense
category 6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAMS.
(a) Designation of Official for Dual-Use Programs.--The
Secretary of Defense shall designate a senior official in the
Office of the Secretary of Defense whose sole responsibility
is developing policy relating to, and ensuring effective
implementation of, dual-use programs and the integration of
commercial technologies into current and future military
systems for the period beginning on October 1, 1996, and
ending on September 30, 2000. Such official shall report
directly to the Under Secretary of Defense for Acquisition
and Technology.
(b) Funding Requirement.--Of the amounts appropriated for
the Department of Defense for science and technology programs
for each of fiscal years 1997 through 2000, at least the
following percentages of such amounts shall be available in
the applicable fiscal year only for dual-use programs of the
Department of Defense:
(1) For fiscal year 1997, five percent.
(2) For fiscal year 1998, seven percent.
(3) For fiscal year 1999, 10 percent.
(4) For fiscal year 2000, 15 percent.
(c) Limitation on Obligations.--(1) Except as provided in
paragraph (2), funds made available pursuant to subsection
(b) may not be obligated until the senior official designated
under subsection (a) approves the obligation.
(2) Paragraph (1) does not apply with respect to funds made
available pursuant to subsection (b) to the Department of the
Air Force or to the Defense Advanced Research Projects
Agency.
(3) Funds made available pursuant to subsection (b) may be
used for a dual-use program only if the contract, cooperative
agreement, or other transaction by which the program is
carried out is entered into through the use of competitive
procedures.
(d) Transfer Authority.--The Secretary of Defense may
transfer funds made available pursuant to subsection (b) for
a dual-use program from a military department or defense
agency to another military department or defense agency to
ensure efficient implementation of the program. The Secretary
may delegate the authority provided in the preceding sentence
to the senior official designated under subsection (a).
(e) Federal Cost Share.--(1) The share contributed by the
Secretary of a military department for the cost of a dual-use
program during the fiscal years 1997, 1998, 1999, and 2000
may not be greater than 50 percent.
(2) In calculating the share of the costs of a dual-use
program contributed by a military department or a non-
Government entity, the Secretaries of the military
departments may not consider in-kind contributions.
(f) Definitions.--In this section:
(1) The term ``dual-use program'' means a program of a
military department--
(A) under which research or development of a dual-use
technology (as defined in section 2491 of title 10, United
States Code) is carried out; and
[[Page 1125]]
(B) the costs of which are shared between the Department of
Defense and non-Government entities.
(2) The term ``science and technology program'' means a
program of a military department under which basic research,
applied research, or advanced technology development is
carried out.
(g) Repeal.--Section 2371(e) of title 10, United States
Code, is amended--
(1) by inserting ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount appropriated
pursuant to the authorization in section 201(3), $50,000,000
shall be available for a competitive reusable launch vehicle
technology program (PE 63401F).
(b) Limitation.--Funds made available pursuant to
subsection (a)(1) may be obligated only to the extent that
the fiscal year 1997 current operating plan of the National
Aeronautics and Space Administration allocates at least an
equal amount for its Reusable Space Launch Vehicle program.
SEC. 212. LIVE-FIRE SURVIVABILITY TESTING OF V-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of
Defense may exercise the waiver authority in section 2366(c)
of title 10, United States Code, with respect to the
application of survivability testing to the V-22 aircraft
system, notwithstanding that such system has entered
engineering and manufacturing development.
(b) Report to Congress.--In exercising the waiver authority
in section 2366(c), the Secretary shall submit to Congress a
report explaining how the Secretary plans to evaluate the
survivability of the V-22 aircraft system and assessing
possible alternatives to realistic survivability testing of
the system.
(c) Alternative Survivability Testing Requirements.--If the
Secretary of Defense submits a certification under section
2366(c)(2) of such title that live-fire testing of the V-22
aircraft system under such section would be unreasonably
expensive and impractical, the Secretary shall require that
sufficiently large and realistic components and subsystems
that could affect the survivability of the V-22 aircraft
system be made available for any alternative live-fire
testing of such system.
(d) Funding.--The funds required to carry out any
alternative live-fire testing of the V-22 aircraft system
shall be made available from amounts appropriated for the V-
22 program.
SEC. 213. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of
Defense may exercise the waiver authority in section 2366(c)
of title 10, United States Code, with respect to the
application of survivability testing to the F-22 aircraft
system, notwithstanding that such system has entered
engineering and manufacturing development.
(b) Alternative Survivability Testing Requirements.--If the
Secretary of Defense submits a certification under section
2366(c)(2) of such title that live-fire testing of the F-22
aircraft system under such section would be unreasonably
expensive and impractical, the Secretary of Defense shall
require that sufficiently large and realistic components and
subsystems that could affect the survivability of the F-22
aircraft system be made available for any alternative live-
fire testing of such system.
(c) Funding.--The funds required to carry out any
alternative live-fire testing of the F-22 aircraft system
shall be made available from amounts appropriated for the F-
22 program.
SEC. 214. DEMILITARIZATION OF CONVENTIONAL MUNITIONS,
ROCKETS, AND EXPLOSIVES.
(a) Establishment of Conventional Munitions, Rockets, and
Explosives Demilitarization Program.--The Secretary of
Defense shall establish an integrated program for the
development and demonstration of technologies for the
demilitarization and disposal of conventional munitions,
rockets, and explosives in a manner that complies with
applicable environmental laws.
(b) Duration of Program.--The program established pursuant
to subsection (a) shall be in effect for a period of at least
five years, beginning with fiscal year 1997.
(c) Funding.--Of the amount authorized to be appropriated
in section 201, $15,000,000 is authorized to be appropriated
for the program established pursuant to subsection (a). The
funding request for the program shall be set forth separately
in the budget justification documents for the budget of the
Department of Defense for each fiscal year during which the
program is in effect.
(d) Reports.--The Secretary of Defense shall submit to
Congress a report on the plan for the program established
pursuant to subsection (a) at the same time the President
submits to Congress the budget for fiscal year 1998. The
Secretary shall submit an updated version of such report,
setting forth in detail the progress of the program, at the
same time the President submits the budget for each fiscal
year after fiscal year 1998 during which the program is in
effect.
SEC. 215. RESEARCH ACTIVITIES OF THE DEFENSE ADVANCED
RESEARCH PROJECTS AGENCY RELATING TO CHEMICAL
AND BIOLOGICAL WARFARE DEFENSE TECHNOLOGY.
(a) Authority.--Section 1701(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1853; 50 U.S.C. 1522) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of the Defense Advanced Research
Projects Agency may conduct a program of basic and applied
research and advanced technology development on chemical and
biological warfare defense technologies and systems. In
conducting such program, the Director shall seek to avoid
unnecessary duplication of the activities under the program
with chemical and biological warfare defense activities of
the military departments and defense agencies and shall
coordinate the activities under the program with those of the
military departments and defense agencies.''.
(b) Funding.--Section 1701(d) of such Act is amended--
(1) in paragraph (1), by striking out ``military
departments'' and inserting in lieu thereof ``Department of
Defense'';
(2) in paragraph (2), by inserting after ``requests for the
program'' in the first sentence the following: ``(other than
for activities under the program conducted by the Defense
Advanced Research Projects Agency under subsection (c)(2))'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The program conducted by the Defense Advanced
Research Projects Agency under subsection (c)(2) shall be set
forth as a separate program element in the budget of that
agency.''.
SEC. 216. LIMITATION ON FUNDING FOR F-16 TACTICAL MANNED
RECONNAISSANCE AIRCRAFT.
(a) Limitation.--Effective on the date of the enactment of
this Act, not more than $50,000,000 (in fiscal year 1997
constant dollars) may be obligated or expended for--
(1) research, development, test, and evaluation for, and
acquisition and modification of, the F-16 tactical manned
reconnaissance aircraft program; and
(2) costs associated with the termination of such program.
(b) Exception.--The limitation in subsection (a) shall not
apply to obligations required for improvements planned before
the date of the enactment of this Act to incorporate the
common data link into the F-16 tactical manned reconnaissance
aircraft.
SEC. 217. UNMANNED AERIAL VEHICLES.
(a) Prohibition.--(1) The Secretary of Defense may not
enter into a contract for the Joint Tactical Unmanned Aerial
Vehicle project, and no funds authorized to be appropriated
by this Act may be obligated for such project, until a period
of 30 days has expired after the date on which the Secretary
of Defense submits to Congress a certification that the
reconnaissance programs of the Department of Defense--
(A) are justified on the basis of the projected national
security threat;
(B) have been subjected to a roles and missions
determination;
(C) are supported by an overall national, joint, and
tactical reconnaissance plan;
(D) are affordable within the budget of the Department of
Defense as projected by the future-years defense program; and
(E) are fully programmed for in the future-years defense
program.
(2) In this subsection, the term `reconnaissance programs
of the Department of Defense' means programs for tactical
unmanned aerial vehicles, endurance unmanned aerial vehicles,
airborne reconnaissance, manned reconnaissance, and
distributed common ground systems that--
(A) are described in the budget justification documents of
the Defense Airborne Reconnaissance Office;
(B) are included in the funding request for the Department
of Defense; or
(C) are certified as acquisition reconnaissance
requirements by the Joint Requirements Oversight Council for
the future-years defense program.
(b) Procurement Funding Request.--The funding request for
procurement for unmanned aerial vehicles for any fiscal year
shall be set forth under the funding requests for the
military departments in the budget of the Department of
Defense.
(c) Transfer of Program Management.--Program management for
the Predator Unmanned Aerial Vehicle, and programmed funding
for such vehicle for fiscal years 1998, 1999, 2000, 2001, and
2002 (as set forth in the future-years defense program),
shall be transferred to the Department of the Air Force,
effective October 1, 1996, or the date of the enactment of
this Act, whichever is later.
(d) Prohibition on Providing Operating Capability from
Naval Vessels.--No funds authorized to be appropriated by
this Act may be obligated for purposes of providing the
capability of the Predator Unmanned Aerial Vehicle to operate
from naval vessels.
(e) Funding.--Of the amounts authorized to be appropriated
by section 201 for program element 35154D, $10,000,000 shall
be available only for an advanced concepts technology
demonstration of air-to-surface precision guided munitions
employment using a Predator, Hunter, or Pioneer unmanned
aerial vehicle and a nondevelopmental laser target
designator.
[[Page 1126]]
SEC. 218. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for the Army for Other
Missile Product Improvement Programs, $15,000,000 is
authorized as specified in subsection (b) for completion of
the Hydra-70 product improvement program authorized for
fiscal year 1996.
(b) Authorized Actions.--Funding is authorized to be
appropriated for the following:
(1) Procurement for test and flight qualification of at
least one nondevelopmental item 2.75-inch composite rocket
motor type, along with other nondevelopmental item candidate
motors that use composite propellent as the propulsion
component and that have passed initial insensitive munition
criteria tests.
(2) Platform integration, including additional quantities
of the motor chosen for operational certification on the
Apache attack helicopter.
(c) Definition.--In this section, the term
``nondevelopmental item'' has the meaning provided in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403) and also includes an item the flight capability of which
has been demonstrated from a current Hydra-70 rocket
launcher.
SEC. 219. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding.--Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are
authorized to be made available for the Space-Based Infrared
System program for purposes and in amounts as follows:
(1) For Space Segment High, $180,390,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) Limitation.--None of the funds authorized under
subsection (a) to be made available for the Space-Based
Infrared System program may be obligated or expended until
the Secretary of Defense certifies to Congress that the
requirements of section 216(a) of Public Law 104-106 (110
Stat. 220) have been carried out.
(c) Program Management.--Before the submission of the
President's budget for fiscal year 1998, the Secretary of
Defense shall conduct a review of the appropriate management
responsibilities for the Space and Missile Tracking System,
including whether transferring such management responsibility
from the Air Force to the Ballistic Missile Defense
Organization would result in improved program efficiencies
and support.
SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$589,069,000 shall be available only for advanced technology
development for the Joint Advanced Strike Technology (JAST)
program. Of that amount--
(1) $246,833,000 shall be available only for program
element 63800N in the budget of the Department of Defense for
fiscal year 1997;
(2) $263,836,000 shall be available only for program
element 63800F in the budget of the Department of Defense for
fiscal year 1997; and
(3) $78,400,000 shall be available only for program element
63800E in the budget of the Department of Defense for fiscal
year 1997.
(b) Limitation.--None of the funds authorized to be
appropriated pursuant to the authorizations in section 201
may be used for Advanced Short Takeoff and Vertical Landing
aircraft development.
(c) Force Structure Analysis.--Of the amount made available
under subsection (a), up to $10,000,000 shall be available
for the conduct of an analysis by the Institutes of Defense
Analysis of the following:
(1) The weapons systems force structure requirements to
meet the projected threat for the period beginning on January
1, 2000, and ending on December 31, 2025.
(2) Alternative force structures, including, at a minimum,
JAST derivative aircraft; remanufactured AV-8 aircraft; F-
18C/D, F-18E/F, AH-64, AH-1W, F-14, F-16, F-15, F-117, and F-
22 aircraft; and air-to-surface and surface-to-surface
weapons systems.
(3) Affordability, effectiveness, commonality, and roles
and missions alternatives related to the alternative force
structures analyzed under paragraph (2).
(d) Cost Review.--The cost analysis and improvement group
of the Office of the Secretary of Defense shall review cost
estimates made under the analysis conducted under subsection
(c) and shall provide a sensitivity analysis for the
alternatives evaluated under paragraphs (2) and (3) of
subsection (c).
(e) Deadline.--The Secretary of Defense shall submit to the
congressional defense committees a copy of the analysis
conducted under subsection (c) and the review conducted under
subsection (d) not later than February 1, 1997.
SEC. 221. JOINT UNITED STATES-ISRAELI NAUTILUS LASER/THEATER
HIGH ENERGY LASER PROGRAM.
The Congress strongly supports the Joint United States-
Israeli Nautilus Laser/Theater High Energy Laser programs and
encourages the Secretary of Defense to request authorization
to develop these programs as agreed to on April 28, 1996, in
the statement of intent signed by the Secretary of Defense
and the Prime Minister of the State of Israel.
SEC. 222. NONLETHAL WEAPONS RESEARCH AND DEVELOPMENT PROGRAM.
Of the amounts authorized to be appropriated by section 201
for program element 63640M, $3,000,000 shall be available for
the Nonlethal Weapons Research and Development Program.
SEC. 223. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL
RECONNAISSANCE SYSTEM.
Any funds authorized to be appropriated under this title to
develop concepts for an improved Tier III Minus (High
Altitude Endurance Unmanned Aerial Reconnaissance System)
that would increase the unit flyaway cost above the
established contracted for amount must be awarded through
competitive acquisition procedures.
SEC. 224. CERTIFICATION OF CAPABILITY OF UNITED STATES TO
PREVENT ILLEGAL IMPORTATION OF NUCLEAR,
BIOLOGICAL, OR CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a
certification in writing stating specifically whether or not
the United States has the capability (as of the date of the
certification) to prevent the illegal importation of nuclear,
biological, or chemical weapons into the United States and
its possessions.
Subtitle C--Ballistic Missile Defense Programs
SEC. 231. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR
FISCAL YEAR 1997.
Of the amount appropriated pursuant to section 201(4), not
more than $3,258,982,000 may be obligated for programs
managed by the Ballistic Missile Defense Organization.
SEC 232. CERTIFICATION OF CAPABILITY OF UNITED STATES TO
DEFEND AGAINST SINGLE BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a
certification in writing stating specifically whether or not
the United States has the military capability (as of the time
of the certification) to intercept and destroy a single
ballistic missile launched at the territory of the United
States.
SEC. 233. POLICY ON COMPLIANCE WITH THE ABM TREATY.
(a) Policy Concerning Systems Subject to ABM Treaty.--
Congress finds that, unless and until a missile defense
system, system upgrade, or system component is flight tested
in an ABM-qualifying flight test (as defined in subsection
(c)), such system, system upgrade, or system component--
(1) has not, for purposes of the ABM Treaty, been tested in
an ABM mode nor been given capabilities to counter strategic
ballistic missiles; and
(2) therefore is not subject to any application,
limitation, or obligation under the ABM Treaty.
(b) Prohibitions.--(1) Funds appropriated to the Department
of Defense may not be obligated or expended for the purpose
of--
(A) prescribing, enforcing, or implementing any Executive
order, regulation, or policy that would apply the ABM Treaty
(or any limitation or obligation under such Treaty) to
research, development, testing, or deployment of a theater
missile defense system, a theater missile defense system
upgrade, or a theater missile defense system component; or
(B) taking any other action to provide for the ABM Treaty
(or any limitation or obligation under such Treaty) to be
applied to research, development, testing, or deployment of a
theater missile defense system, a theater missile defense
system upgrade, or a theater missile defense system
component.
(2) This subsection applies with respect to each missile
defense system, missile defense system upgrade, or missile
defense system component that is capable of countering modern
theater ballistic missiles.
(3) This subsection shall cease to apply with respect to a
missile defense system, missile defense system upgrade, or
missile defense system component when that system, system
upgrade, or system component has been flight tested in an
ABM-qualifying flight test.
(c) ABM-Qualifying Flight Test Defined.--For purposes of
this section, an ABM-qualifying flight test is a flight test
against a ballistic missile which, in that flight test,
exceeds (1) a range of 3,500 kilometers, or (2) a velocity of
5 kilometers per second.
SEC. 234. REQUIREMENT THAT MULTILATERALIZATION OF THE ABM
TREATY BE DONE ONLY THROUGH TREATY-MAKING
POWER.
Any addition of a new signatory party to the ABM Treaty (in
addition to the United States and the Russian Federation)
constitutes an amendment to the treaty that can only be
agreed to by the United States through the treaty-making
power of the United States. No funds appropriated or
otherwise available for any fiscal year may be obligated or
expended for the purpose of implementing or making binding
upon the United States the participation of any additional
nation as a party to the ABM Treaty unless that nation is
made a party to the treaty by an amendment to the Treaty that
is made in the same manner as the manner by which a treaty is
made.
SEC. 235. REPORT ON BALLISTIC MISSILE DEFENSE AND
PROLIFERATION.
The Secretary of Defense shall submit to Congress a report
on ballistic missile defense and the proliferation of weapons
of mass destruction, including nuclear, chemical, and
biological weapons, and the missiles that can be used to
deliver them. The report shall be submitted not later than
December 31, 1996, and shall include the following:
[[Page 1127]]
(1) An assessment of how United States theater missile
defenses contribute to United States efforts to prevent
proliferation, including an evaluation of the specific effect
United States theater missile defense systems can have on
dissuading other states from acquiring ballistic missiles.
(2) An assessment of how United States national missile
defenses contribute to United States efforts to prevent
proliferation.
(3) An assessment of the effect of the lack of national
missile defenses on the desire of other states to acquire
ballistic missiles and an evaluation of the types of missiles
other states might seek to acquire as a result.
(4) A detailed review of the linkages between missile
defenses (both theater and national) and each of the
categories of counterproliferation activities identified by
the Secretary of Defense as part of the Defense
Counterproliferation Initiative announced by the Secretary in
December 1993.
(5) A description of how theater and national ballistic
missile defenses can augment the effectiveness of other
counterproliferation tools.
SEC. 236. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE
DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is
amended--
(1) by striking out paragraphs (3), (4), and (10);
(2) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively;
(3) by redesignating paragraph (7) as paragraph (5) and in
that paragraph by striking out ``of the Soviet Union'' and
``for the Soviet Union'';
(4) by redesignating paragraph (8) as paragraph (6); and
(5) by redesignating paragraph (9) as paragraph (7) and in
that paragraph--
(A) by striking out ``of the Soviet Union'' in subparagraph
(A);
(B) by striking out subparagraphs (C) through (F); and
(C) by redesignating subparagraph (G) as subparagraph (C).
SEC. 237. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty''
means the Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems, and signed at Moscow on May
26, 1972, and includes the Protocols to that Treaty, signed
at Moscow on July 3, 1974.
SEC. 238. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National
Missile Defense system deployed by the United States is
capable of defeating the threat posed by the Taepo Dong II
missile of North Korea.
Subtitle D--Other Matters
SEC. 241. UNIFORM PROCEDURES AND CRITERIA FOR MAINTENANCE AND
REPAIR AT AIR FORCE INSTALLATIONS.
The Secretary of the Air Force shall apply uniform
procedures and criteria to allocate funds authorized to be
appropriated pursuant to this title and title III of this Act
for maintenance and repair of real property at military
installations of the Department of the Air Force.
SEC. 242. REQUIREMENTS RELATING TO SMALL BUSINESS INNOVATION
RESEARCH PROGRAM.
(a) Management and Execution by Program Manager.--The
Secretary of Defense, in conducting within the Department of
Defense the Small Business Innovation Research Program (as
defined by section 2491(13) of title 10, United States Code),
shall ensure that the Program is managed and executed, for
each program element for research and development for which
$20,000,000 or more is authorized for a fiscal year, by the
program manager for that element.
(b) Report.--Not later than March 30, 1997, the Comptroller
General shall submit to Congress and to the Secretary of
Defense a report setting forth an assessment of whether there
has been a demonstrable reduction in the quality of research
performed under funding agreements awarded by the Department
of Defense under the Small Business Innovation Research
Program since fiscal year 1995.
SEC. 243. EXTENSION OF DEADLINE FOR DELIVERY OF ENHANCED
FIBER OPTIC GUIDED MISSILE (EFOG-M) SYSTEM.
Section 272(a)(2) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 239) is
amended by striking out ``September 30, 1998,'' and inserting
in lieu thereof ``September 30, 1999,''.
SEC. 244. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802(c) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701; 10
U.S.C. 2358 note) is amended by striking out ``fiscal years
before the fiscal year in which the institution submits a
proposal'' and inserting in lieu thereof ``most recent fiscal
years for which complete statistics are available when
proposals are requested''.
SEC. 245. AMENDMENTS TO DEFENSE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.
Section 257(d) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2705; 10
U.S.C. 2358 note) is amended--
(1) in paragraph (1)--
(A) by striking out ``Director of the National Science
Foundation'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology''; and
(B) by striking out ``and shall notify the Director of
Defense Research and Engineering of the States so
designated''; and
(2) in paragraph (2)--
(A) by striking out ``Director of the National Science
Foundation'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology'';
(B) by striking out ``as determined by the Director'' and
inserting in lieu thereof ``as determined by the Under
Secretary'';
(C) in subparagraph (A), by striking out ``(to be
determined in consultation with the Secretary of Defense);''
and inserting in lieu thereof ``; and'';
(D) by striking out ``; and'' at the end of subparagraph
(B) and inserting in lieu thereof a period; and
(E) by striking out subparagraph (C).
SEC. 246. ELIMINATION OF REPORT ON THE USE OF COMPETITIVE
PROCEDURES FOR THE AWARD OF CERTAIN CONTRACTS
TO COLLEGES AND UNIVERSITIES.
Section 2361 of title 10, United States Code, is amended by
striking out subsection (c).
SEC. 247. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Findings.--Congress finds the following:
(1) The oceans and coastal areas of the United States are
among the Nation's most valuable natural resources, making
substantial contributions to economic growth, quality of
life, and national security.
(2) Oceans drive global and regional climate. Hence, they
contain information affecting agriculture, fishing, and the
prediction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and
protecting their limited resources. Therefore, the United
States should maintain its world leadership in oceanography
as one key to its competitive future.
(4) Ocean research and education activities take place
within Federal agencies, academic institutions, and industry.
These entities often have similar requirements for research
facilities, data, and other resources (such as oceanographic
research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in
the ocean sciences and education, so that optimal use can be
made of this most important natural resource for the well-
being of all Americans.
(b) Program Required.--(1) Subtitle C of title 10, United
States Code, is amended by adding after chapter 663 the
following new chapter:
``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Ocean Research Partnership Coordinating Group.
``7904. Ocean Research Advisory Panel.
``Sec. 7901. National Oceanographic Partnership Program
``(a) Establishment.--The Secretary of the Navy shall
establish a program to be known as the `National
Oceanographic Partnership Program'.
``(b) Purposes.--The purposes of the program are as
follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality
of life, and strengthening science education and
communication through improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) identifying and carrying out partnerships among
Federal agencies, academia, industry, and other members of
the oceanographic scientific community in the areas of data,
resources, education, and communication; and
``(B) reporting annually to Congress on the program.
``Sec. 7902. National Ocean Research Leadership Council
``(a) Council.--There is a National Ocean Research
Leadership Council (hereinafter in this chapter referred to
as the `Council').
``(b) Membership.--The Council is composed of the following
members:
``(1) The Secretary of the Navy, who shall be the Chairman
of the Council.
``(2) The Administrator of the National Oceanic and
Atmospheric Administration, who shall be the Vice Chairman of
the Council.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The Deputy Secretary of Energy.
``(6) The Administrator of the Environmental Protection
Agency.
``(7) The Commandant of the Coast Guard.
``(8) The Director of the Geological Survey of the
Department of the Interior.
``(9) The Director of the Defense Advanced Research
Projects Agency.
``(10) The Director of the Minerals Management Service of
the Department of the Interior.
``(11) The President of the National Academy of Sciences,
the President of the National Academy of Engineering, and the
President of the Institute of Medicine.
``(12) The Director of the Office of Science and
Technology.
``(13) The Director of the Office of Management and Budget.
[[Page 1128]]
``(14) One member appointed by the Chairman from among
individuals who will represent the views of ocean industries.
``(15) One member appointed by the Chairman from among
individuals who will represent the views of State
governments.
``(16) One member appointed by the Chairman from among
individuals who will represent the views of academia.
``(17) One member appointed by the Chairman from among
individuals who will represent such other views as the
Chairman considers appropriate.
``(c) Term of Office.--The term of office of a member of
the Council appointed under paragraph (14), (15), (16), or
(17) of subsection (b) shall be two years, except that any
person appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
``(d) Responsibilities.--The Council shall have the
following responsibilities:
``(1) To establish the Ocean Research Partnership
Coordinating Group as provided in section 7903.
``(2) To establish the Ocean Research Advisory Panel as
provided in section 7904.
``(3) To submit to Congress an annual report pursuant to
subsection (e).
``(e) Annual Report.--Not later than March 1 of each year,
the Council shall submit to Congress a report on the National
Oceanographic Partnership Program. The report shall contain
the following:
``(1) A description of activities of the program carried
out during the fiscal year before the fiscal year in which
the report is prepared. The description also shall include a
list of the members of the Ocean Research Partnership
Coordinating Group, the Ocean Research Advisory Panel, and
any working groups in existence during the fiscal year
covered.
``(2) A general outline of the activities planned for the
program during the fiscal year in which the report is
prepared.
``(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in
which the report is prepared and during the following fiscal
year.
``(4) A description of the involvement of the program with
Federal interagency coordinating entities.
``(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the
fiscal year following the fiscal year in which the report is
prepared, for the programs, projects, and activities of the
program and the estimated expenditures under such programs,
projects, and activities during such following fiscal year.
``Sec. 7903. Ocean Research Partnership Coordinating Group
``(a) Establishment.--The Council shall establish an entity
to be known as the `Ocean Research Partnership Coordinating
Group' (hereinafter in this chapter referred to as the
`Coordinating Group').
``(b) Membership.--The Coordinating Group shall consist of
members appointed by the Council, with one member appointed
from each Federal department or agency having an
oceanographic research or development program.
``(c) Chairman.--The Council shall appoint the Chairman of
the Coordinating Group.
``(d) Responsibilities.--Subject to the authority,
direction, and control of the Council, the Coordinating Group
shall have the following responsibilities:
``(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
``(2) To review, select, and identify and allocate funds
for partnership projects for implementation under the
program, based on the following criteria:
``(A) Whether the project addresses critical research
objectives or operational goals, such as data accessibility
and quality assurance, sharing of resources, education, or
communication.
``(B) Whether the project has broad participation within
the oceanographic community.
``(C) Whether the partners have a long-term commitment to
the objectives of the project.
``(D) Whether the resources supporting the project are
shared among the partners.
``(E) Whether the project has been subjected to adequate
peer review.
``(3) To promote participation in partnership projects by
each Federal department and agency involved with
oceanographic research and development by publicizing the
program and by prescribing guidelines for participation in
the program.
``(4) To submit to the Council an annual report pursuant to
subsection (i).
``(e) Partnership Program Office.--The Coordinating Group
shall establish, using competitive procedures, and oversee a
partnership program office to carry out such duties as the
Chairman of the Coordinating Group considers appropriate to
implement the National Oceanographic Partnership Program,
including the following:
``(1) To establish and oversee working groups to propose
partnership projects to the Coordinating Group and advise the
Group on such projects.
``(2) To manage peer review of partnership projects
proposed to the Coordinating Group and competitions for
projects selected by the Group.
``(3) To submit to the Coordinating Group an annual report
on the status of all partnership projects and activities of
the office.
``(f) Contract and Grant Authority.--The Coordinating Group
may authorize one or more of the departments or agencies
represented in the Group to enter into contracts and make
grants, using funds appropriated pursuant to an authorization
for the National Oceanographic Partnership Program, for the
purpose of implementing the program and carrying out the
Coordinating Group's responsibilities.
``(g) Forms of Partnership Projects.--Partnership projects
selected by the Coordinating Group may be in any form that
the Coordinating Group considers appropriate, including
memoranda of understanding, demonstration projects,
cooperative research and development agreements, and similar
instruments.
``(h) Annual Report.--Not later than February 1 of each
year, the Coordinating Group shall submit to the Council a
report on the National Oceanographic Partnership Program. The
report shall contain, at a minimum, copies of any
recommendations or reports to the Coordinating Group by the
Ocean Research Advisory Panel.
``Sec. 7904. Ocean Research Advisory Panel
``(a) Establishment.--The Council shall appoint an Ocean
Research Advisory Panel (hereinafter in this chapter referred
to as the `Advisory Panel') consisting of not less than 10
and not more than 18 members.
``(b) Membership.--Members of the Advisory Panel shall be
appointed from among persons who are eminent in the fields of
marine science or marine policy, or related fields, and who
are representative, at a minimum, of the interests of
government, academia, and industry.
``(c) Responsibilities.--(1) The Coordinating Group shall
refer to the Advisory Panel, and the Advisory Panel shall
review, each proposed partnership project estimated to cost
more than $500,000. The Advisory Panel shall make any
recommendations to the Coordinating Group that the Advisory
Panel considers appropriate regarding such projects.
``(2) The Advisory Panel shall make any recommendations to
the Coordinating Group regarding activities that should be
addressed by the National Oceanographic Partnership Program
that the Advisory Panel considers appropriate.''.
(2) The tables of chapters at the beginning of subtitle C
of title 10, United States Code, and at the beginning of part
IV of such subtitle, are each amended by inserting after the
item relating to chapter 663 the following:
``665. National Oceanographic Partnership Program...........7901''.....
(c) Initial Appointments of Council Members.--The Secretary
of the Navy shall make the appointments required by section
7902(b) of title 10, United States Code, as added by
subsection (b)(1), not later than December 1, 1996.
(d) Initial Appointments of Advisory Panel Members.--The
National Ocean Research Leadership Council established by
section 7902 of title 10, United States Code, as added by
subsection (b)(1), shall make the appointments required by
section 7904 of such title not later than January 1, 1997.
(e) First Annual Report of National Ocean Research
Leadership Council.--The first annual report required by
section 7902(e) of title 10, United States Code, as added by
subsection (b)(1), shall be submitted to Congress not later
than March 1, 1997. The first report shall include, in
addition to the information required by such section,
information about the terms of office, procedures, and
responsibilities of the Ocean Research Advisory Panel
established by the Council.
(f) Authorization.--Of the amount authorized to be
appropriated to the Department of Defense in section 201,
$30,000,000 is authorized for the National Oceanographic
Partnership Program established pursuant to section 7901 of
title 10, United States Code, as added by subsection (b)(1).
(g) Required Funding for Program Office.--Of the amount
appropriated for the National Oceanographic Partnership
Program for fiscal year 1997, at least $500,000, or 3 percent
of the amount appropriated, whichever is greater, shall be
available for operations of the partnership program office
established pursuant to section 7903(e) of title 10, United
States Code, for such fiscal year.
SEC. 248. FUNDING INCREASE FOR FIELD EMISSION FLAT PANEL
TECHNOLOGY.
(a) Increase.--The amount authorized in section 201(1) for
the Combat Vehicle Improvement Program for M1 Tank Upgrade
(program element 23735A DD30) is hereby increased by
$10,000,000 to assist in funding the development of field
emission flat panel technology.
(b) Offset.--The amount authorized in section 101 is hereby
decreased by $10,000,000.
SEC. 249. NATURAL RESOURCES ASSESSMENT AND TRAINING DELIVERY
SYSTEM.
Of the amount authorized to be appropriated by section
201(4) for program element 65804D, funding shall be available
for a proposed natural resources assessment and training
delivery system to enhance the ability of the Department of
Defense to mitigate the environmental impact of its
operational training of forces and testing of weapons systems
on military installations where problems are most acute.
[[Page 1129]]
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $18,436,929,000.
(2) For the Navy, $20,433,797,000.
(3) For the Marine Corps, $2,524,677,000.
(4) For the Air Force, $17,982,955,000.
(5) For Defense-wide activities, $10,375,368,000.
(6) For the Army Reserve, $1,155,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $106,467,000.
(9) For the Air Force Reserve, $1,504,553,000.
(10) For the Army National Guard, $2,297,477,000.
(11) For the Air National Guard, $2,688,473,000.
(12) For the Defense Inspector General, $136,501,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,797,000.
(14) For Environmental Restoration, Defense,
$1,333,016,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $682,724,000.
(16) For Medical Programs, Defense, $9,831,288,000.
(17) For Cooperative Threat Reduction programs,
$302,900,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $60,544,000.
(19) For payment to Kaho'olawe Island, $10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Business Operations Fund, $947,900,000.
(2) For the National Defense Sealift Fund, $1,123,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1997 from the Armed Forces Retirement Home Trust Fund
the sum of $57,300,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $250,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 1997 in amounts as follows:
(1) For the Army, $83,334,000.
(2) For the Navy, $83,333,000.
(3) For the Air Force, $83,333,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
Subtitle B--Depot-Level Activities
SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is
amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 1997''.
SEC. 312. EXCLUSION OF LARGE MAINTENANCE AND REPAIR PROJECTS
FROM PERCENTAGE LIMITATION ON CONTRACTING FOR
DEPOT-LEVEL MAINTENANCE.
Section 2466 of title 10, United States Code, is amended by
inserting after subsection (a) the following new subsection:
``(b) Treatment of Certain Large Projects.--If a single
maintenance or repair project contracted for performance by
non-Federal Government personnel accounts for five percent or
more of the funds made available in a fiscal year to a
military department or a Defense Agency for depot-level
maintenance and repair workload, the project and the funds
necessary for the project shall not be considered when
applying the percentage limitation specified in subsection
(a) to that military department or Defense Agency.''.
Subtitle C--Environmental Provisions
SEC. 321. REPEAL OF REPORT ON CONTRACTOR REIMBURSEMENT COSTS.
Section 2706 of title 10, United States Code, is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 322. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER
CERCLA.
The Secretary of Defense may pay, from funds appropriated
pursuant to section 301(14), the following:
(1) Stipulated civil penalties, to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986, in amounts as follows:
(A) Not more than $34,000 assessed against the United
States Army at Fort Riley, Kansas, under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(B) Not more than $55,000 assessed against the
Massachusetts Military Reservation, Massachusetts, under such
Act.
(C) Not more than $10,000 assessed against the F.E. Warren
Air Force Base, Wyoming, under such Act.
(D) Not more than $30,000 assessed against the Naval
Education and Training Center, Newport, Rhode Island, under
such Act.
(E) Not more than $37,500 assessed against Lake City Army
Ammunition Plant, under such Act.
(2) Not more than $500,000 to carry out two environmental
restoration projects, as part of a negotiated agreement in
lieu of stipulated penalties assessed under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) against the Massachusetts
Military Reservation, Massachusetts.
SEC. 323. CONSERVATION AND READINESS PROGRAM.
(a) Establishment.--The Secretary of Defense may establish
and carry out a program to be known as the ``Conservation and
Readiness Program''.
(b) Purpose.--The purpose of the Conservation and Readiness
Program is to conduct and manage in a coordinated manner
those conservation and cultural activities that have
regional, multicomponent, or Department of Defense-wide
significance and are necessary to meet legal requirements or
to support military operations. These activities include the
following:
(1) The development of ecosystem-wide land management
plans.
(2) The conduct of wildlife studies to ensure the safety of
military operations.
(3) The identification and return of Native American human
remains and cultural items in the possession or control of
the Department of Defense, or discovered on land under the
jurisdiction of the Department of Defense, to the appropriate
Native American tribes.
(4) The control of invasive species that may hinder
military activities or degrade military training ranges.
(5) The establishment of a regional curation system for
artifacts found on military installations.
(c) Cooperative Agreements and Grants.--The Secretary of
Defense may negotiate and enter into cooperative agreements
with, and award grants to, public and private agencies,
organizations, institutions, individuals, or other entities
to carry out the Conservation and Readiness Program.
(d) Effect on Other Laws.--Nothing in this section shall be
construed or interpreted as preempting any otherwise
applicable Federal, State, or local law or regulation
relating to the management of natural and cultural resources
on military installations.
SEC. 324. NAVY COMPLIANCE WITH SHIPBOARD SOLID WASTE CONTROL
REQUIREMENTS.
(a) Amendment to the Act to Prevent Pollution from Ships.--
Subsection (c) of section 3 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1902(c)) is amended--
(1) in paragraph (1), by inserting ``, except as provided
in paragraphs (4) and (5) of this subsection'' before the
period at the end;
(2) by striking out paragraph (4); and
(3) by adding at the end the following new paragraphs:
``(4) A vessel owned or operated by the Department of the
Navy for which the Secretary of the Navy determines under the
compliance plan submitted under paragraph (2) that, due to
unique military design, construction, manning, or operating
requirements, full compliance with paragraph (1) would not be
technologically feasible, would impair the vessel's
operations, and would impair the vessel's operational
capability, is authorized to discharge garbage consisting of
either of the following:
``(A) A slurry of seawater, paper, cardboard, and food
waste that does not contain more than the minimum amount
practicable of plastic, if such slurry is discharged not less
than 3 nautical miles from the nearest land and is capable of
passing through a screen with openings of no greater than 12
millimeters.
``(B) Metal and glass garbage that has been shredded and
bagged to ensure negative buoyancy and is discharged not less
than 12 nautical miles from the nearest land.
``(5) Not later than December 31, 2000, the Secretary of
the Navy shall publish in the Federal Register--
``(A) a list of those surface ships planned to be
decommissioned between January 1, 2001, and December 31,
2005; and
``(B) standards to ensure, so far as is reasonable and
practicable, without impairing the operations or operational
capabilities of such ships, that such ships act in a manner
consistent with the special area requirements of Regulation 5
of Annex V to the Convention.''.
(b) Goal To Achieve Full Compliance.--It shall be the goal
of the Secretary of the Navy to achieve full compliance with
Annex V to the International Convention for the Prevention of
Pollution from Ships, 1973, as soon as practicable.
[[Page 1130]]
SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND USE PLANS
FOR DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) Authority.--The Secretary of Defense may, to the extent
possible and practical, develop and implement, as part of the
Defense Environmental Restoration Program provided for in
chapter 160 of title 10, United States Code, a land use plan
for any defense site selected by the Secretary under
subsection (b).
(b) Selection of Sites.--The Secretary may select up to 10
defense sites, from among sites where the Secretary is
planning or implementing environmental restoration
activities, for which land use plans may be developed under
this section.
(c) Requirement to Consult with Review Committee or
Advisory Board.--In developing a land use plan under this
section, the Secretary of Defense shall consult with a
technical review committee established pursuant to section
2705(c) of title 10, United States Code, a restoration
advisory board established pursuant to section 2705(d) of
such title, a local land use redevelopment authority, or
another appropriate State agency.
(d) 50-Year Planning Period.--A land use plan developed
under this section shall cover a period of at least 50 years.
(e) Implementation.--For each defense site for which the
Secretary develops a land use plan under this section, the
Secretary shall take into account the land use plan in
selecting and implementing, in accordance with applicable
law, environmental restoration activities at the site.
(f) Deadlines.--For each defense site for which the
Secretary of Defense intends to develop a land use plan under
this section, the Secretary shall develop a draft land use
plan by October 1, 1997, and a final land use plan by March
15, 1998.
(g) Definition of Defense Site.--For purposes of this
section, the term ``defense site'' means (A) any building,
structure, installation, equipment, pipe or pipeline
(including any pipe into a sewer or publicly owned treatment
works), well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling stock, or
aircraft under the jurisdiction of the Department of Defense,
or (B) any site or area under the jurisdiction of the
Department of Defense where a hazardous substance has been
deposited, stored, disposed of, or placed, or otherwise come
to be located; but does not include any consumer product in
consumer use or any vessel.
(h) Report.--Not later than December 31, 1998, the
Secretary of Defense shall submit to Congress a report on the
land use plans developed under this section and the effect
such plans have had on environmental restoration activities
at the defense sites where they have been implemented. The
report shall include recommendations on whether such land use
plans should be developed and implemented throughout the
Department of Defense.
(h) Savings Provisions.--(1) Nothing in this section or in
a land use plan developed under this section with respect to
a defense site shall be construed as requiring any
modification to a land use plan that was developed before the
date of the enactment of this Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration or
waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory
environmental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this
section be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECHNOLOGIES FOR
LIMITING AIR EMISSIONS DURING SHIPYARD BLASTING
AND COATING OPERATIONS.
(a) Pilot Program.--The Secretary of the Navy shall
establish a pilot program to test an alternative technology
designed to capture and destroy or remove particulate
emissions and volatile air pollutants that occur during
abrasive blasting and coating operations at naval shipyards.
In conducting the test, the Secretary shall seek to
demonstrate whether the technology is valid, cost effective,
and in compliance with environmental laws and regulations.
(b) Report.--Upon completion of the test conducted under
the pilot program, the Secretary of the Navy shall submit to
the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives a report setting forth in detail the results
of the test. The report shall include recommendations on
whether the alternative technology merits implementation at
naval shipyards and such other recommendations as the
Secretary considers appropriate.
SEC. 327. NAVY PROGRAM TO MONITOR ECOLOGICAL EFFECTS OF
ORGANOTIN.
(a) Monitoring Requirement.--The Secretary of the Navy
shall, in consultation with the Administrator of the
Environmental Protection Agency, develop and implement a
program to monitor the concentrations of organotin in the
water column, sediments, and aquatic organisms of
representative estuaries and near-coastal waters in the
United States, as described in section 7(a) of the Organotin
Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(a)).
The program shall be designed to produce high-quality data to
enable the Environmental Protection Agency to develop water
quality criteria concerning organotin compounds.
(b) Report.--Not later than June 1, 1997, the Secretary of
the Navy shall submit to Congress a report containing the
following:
(1) A description of the monitoring program developed
pursuant to subsection (a).
(2) An analysis of the results of the monitoring program as
of the date of the submission of the report.
(3) Information about the progress of Navy programs,
referred to in section 7(c) of Organotin Antifouling Paint
Control Act of 1988 (33 U.S.C. 2406(c)), for evaluating the
laboratory toxicity and environmental risks associated with
the use of antifouling paints containing organotin.
(4) An assessment, developed in consultation with the
Administrator of the Environmental Protection Agency, of the
effectiveness of existing laws and rules concerning organotin
compounds in ensuring protection of human health and the
environment.
(c) Sense of Congress.--It is the sense of Congress that
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of the Navy, should develop,
for purposes of the national pollutant discharge elimination
system, a model permit for the discharge of organotin
compounds at shipbuilding and ship repair facilities. For
purposes of this subsection, the term ``organotin'' has the
meaning provided in section 3 of the Organotin Antifouling
Paint Control Act of 1988 (33 U.S.C. 2402).
SEC. 328. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN
SUPPORT OF ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION AND VALIDATION.
(a) Authority.--The Secretary of Defense may enter into a
cooperative agreement with an agency of a State or local
government to obtain assistance in demonstrating, validating,
and certifying environmental technologies.
(b) Types of Assistance.-- The types of assistance that may
be obtained under subsection (a) include the following:
(1) Data collection and analysis.
(2) Technical assistance in conducting a demonstration of
an environmental technology, including the implementation of
quality assurance and quality control programs.
(c) Service Charges.--The cooperative agreement may provide
for the payment by the Secretary of service charges to the
agency if the charges are reasonable, nondiscriminatory, and
do not exceed the actual or estimated cost to the agency of
providing the service.
Subtitle D--Civilian Employees and Nonappropriated Fund Instrumentality
Employees
SEC. 331. REPEAL OF PROHIBITION ON PAYMENT OF LODGING
EXPENSES WHEN ADEQUATE GOVERNMENT QUARTERS ARE
AVAILABLE.
(a) Repeal.--Section 1589 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
out the item relating to section 1589.
SEC. 332. VOLUNTARY SEPARATION INCENTIVE PAY MODIFICATION.
(a) In General.--Section 5597(g) of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) If the employment is without compensation, the
appointing official may waive the repayment.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to employment accepted on or after
the date of the enactment of this Act.
SEC. 333. WAGE-BOARD COMPENSATORY TIME OFF.
(a) In General.--Section 5543 of title 5, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) The head of an agency may, on request of an employee,
grant the employee compensatory time off from his scheduled
tour of duty instead of payment under section 5544 or section
7 of the Fair Labor Standards Act of 1938 for an equal amount
of time spent in irregular or occasional overtime work.''.
(b) Conforming Amendment.--Section 5544(c) of title 5,
United States Code, is amended by inserting ``and the
provisions of section 5543(b)'' before ``shall apply''.
SEC. 334. SIMPLIFICATION OF RULES RELATING TO THE OBSERVANCE
OF CERTAIN HOLIDAYS.
Section 6103 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) For purposes of this subsection--
``(A) the term `compressed schedule' has the meaning given
such term by section 6121(5); and
``(B) the term `adverse agency impact' has the meaning
given such term by section 6131(b).
``(2) An agency may prescribe rules under which employees
on a compressed schedule may, in the case of a holiday that
occurs on a regularly scheduled non-workday for such
employees, and notwithstanding any other provision of law or
the terms of any collective bargaining agreement, be required
to observe such holiday on a workday other than as provided
by subsection (b), if the agency head determines that it is
necessary to do so in order to prevent an adverse agency
impact.''.
SEC. 335. PHASED RETIREMENT.
(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is
[[Page 1131]]
amended by adding at the end the following new subsection:
``(m)(1) In order to promote the retention of employees
having knowledge, skills, or expertise needed by the
Department of Defense, in a manner consistent with ongoing
downsizing efforts, the Secretary of Defense or his designee
may waive the application of subsection (a), with respect to
reemployed annuitants of the Department of Defense, under
this subsection.
``(2) A waiver under this subsection--
``(A) may not be granted except upon appropriate written
application submitted and approved not later than the date of
separation on which entitlement to annuity is based;
``(B) shall be contingent on the reemployment commencing
within such time as the Secretary or his designee may
require, may remain in effect for a period of not to exceed 2
years, and shall not be renewable; and
``(C) may be granted and thereafter remain in effect only
if, with respect to the position in which reemployed, the
number of regularly scheduled hours in each week or other
period is at least \1/2\ but not more than \3/4\ those last
in effect for the individual before the separation referred
to in subparagraph (A).
``(3)(A) In no event shall the sum of the rate of basic pay
for, plus annuity allocable to, any period of service as a
reemployed annuitant under this subsection exceed the rate of
basic pay that would then be in effect for service performed
during such period if separation had not occurred.
``(B) If the limitation under subparagraph (A) would
otherwise be exceeded, an amount equal to the excess shall be
deducted from basic pay for the period involved (but not to
exceed total basic pay for such period), and any amount so
deducted shall be deposited in the Treasury of the United
States to the credit of the Fund.
``(4) The number of reemployed annuitants under this
subsection at any given time may not, when taken together
with the then current number under section 8468(j), exceed a
total of 50.
``(5) All waivers under this subsection shall cease to be
effective after September 30, 2001.''.
(b) Federal Employees' Retirement System.--Section 8468 of
title 5, United States Code, is amended by adding at the end
the following new subsection:
``(j)(1) In order to promote the retention of employees
having knowledge, skills, or expertise needed by the
Department of Defense, in a manner consistent with ongoing
downsizing efforts, the Secretary of Defense or his designee
may waive the application of subsections (a) and (b), with
respect to reemployed annuitants of the Department of
Defense, under this subsection.
``(2) A waiver under this subsection--
``(A) may not be granted except upon appropriate written
application submitted and approved not later than the date of
separation on which entitlement to annuity is based;
``(B) shall be contingent on the reemployment commencing
within such time as the Secretary or his designee may
require, may remain in effect for a period of not to exceed 2
years, and shall not be renewable; and
``(C) may be granted and thereafter remain in effect only
if, with respect to the position in which reemployed, the
number of regularly scheduled hours in each week or other
period is at least \1/2\ but not more than \3/4\ those last
in effect for the individual before the separation referred
to in subparagraph (A).
``(3)(A) In no event shall the sum of the rate of basic pay
for, plus annuity allocable to, any period of service as a
reemployed annuitant under this subsection exceed the rate of
basic pay that would then be in effect for service performed
during such period if separation had not occurred.
``(B) If the limitation under subparagraph (A) would
otherwise be exceeded, an amount equal to the excess shall be
deducted from basic pay for the period involved (but not to
exceed total basic pay for such period), and any amount so
deducted shall be deposited in the Treasury of the United
States to the credit of the Fund.
``(4) The number of reemployed annuitants under this
subsection at any given time may not, when taken together
with the then current number under section 8344(m), exceed a
total of 50.
``(5) All waivers under this subsection shall cease to be
effective after September 30, 2001.''.
(c) Reporting Requirement.--Not later than December 31,
2000, the Secretary of Defense shall submit to each House of
Congress and the Office of Personnel Management a written
report on the operation of sections 8344(m) and 8468(j) of
title 5, United States Code, as amended by this section. Such
report shall include--
(1) recommendations as to whether or not those provisions
of law should be continued beyond September 30, 2001, and, if
so, under what conditions or constraints; and
(2) any other information which the Secretary of Defense
may consider appropriate.
SEC. 336. MODIFICATION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF
DEPARTMENT OF DEFENSE TO PARTICIPATE
VOLUNTARILY IN REDUCTIONS IN FORCE.
Section 3502(f) of title 5, United States Code, is amended
to read as follows:
``(f)(1) The Secretary of Defense or the Secretary of a
military department may--
``(A) separate from service any employee who volunteers to
be separated under this subparagraph even though the employee
is not otherwise subject to separation due to a reduction in
force; and
``(B) for each employee voluntarily separated under
subparagraph (A), retain an employee in a similar position
who would otherwise be separated due to a reduction in force.
``(2) The separation of an employee under paragraph (1)(A)
shall be treated as an involuntary separation due to a
reduction in force.
``(3) An employee with critical knowledge and skills (as
defined by the Secretary concerned) may not participate in a
voluntary separation under paragraph (1)(A) if the Secretary
concerned determines that such participation would impair the
performance of the mission of the Department of Defense or
the military department concerned.
``(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) No authority under paragraph (1) may be exercised
after September 30, 2001.''.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTRACTS WITH OTHER AGENCIES AND INSTRUMENTALITIES
FOR GOODS AND SERVICES.
(a) Contracts to Promote Efficient Operation and
Management.--Chapter 147 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2490b. Contracts with other agencies and
instrumentalities for goods and services
``An agency or instrumentality of the Department of Defense
that supports the operation of the exchange or morale,
welfare, and recreation systems of the Department of Defense
may enter into a contract or other agreement with another
department, agency, or instrumentality of the Department of
Defense or another Federal agency to provide goods and
services beneficial to the efficient management and operation
of the exchange or morale, welfare, and recreation
systems.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2490b. Contracts with other agencies and instrumentalities for goods
and services.''.
SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL
ITEMS FOR RESALE IN COMMISSARY STORES.
(a) Clarification of Exception to Competitive
Procurement.--Section 2486 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) The Secretary of Defense may not use the exception
provided in section 2304(c)(5) of this title regarding the
procurement of a brand-name commercial item for resale in
commissary stores unless the commercial item is regularly
sold outside of commissary stores under the same brand name
as the name by which the commercial item will be sold in
commissary stores.''.
(b) Effect on Existing Contracts.--The amendment made by
subsection (a) shall not affect the terms, conditions, or
duration of any contract entered into by the Secretary of
Defense before the date of the enactment of this Act for the
procurement of commercial items for resale in commissary
stores.
SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL.
(a) In General--(1) Chapter 147 of title 10, United States
Code, is amended by adding after section 2490b, as added by
section 341, the following new section:
``Sec. 2490c. Sale or rental of sexually explicit material
prohibited
``(a) Prohibition of Sale or Rental.--The Secretary of
Defense may not permit the sale or rental of sexually
explicit written or videotaped material on property under the
jurisdiction of the Department of Defense.
``(b) Prohibition of Officially Provided Sexually Explicit
Material.--A member of the armed forces or a civilian officer
or employee of the Department of Defense acting in an
official capacity for sale, remuneration, or rental may not
provide sexually explicit material to another person.
``(c) Regulations.--The Secretary of Defense shall
prescribe regulations to implement this section.
``(d) Definitions.--In this section:
``(1) The term `sexually explicit material' means an audio
recording, a film or video recording, or a periodical with
visual depictions, produced in any medium, the dominant theme
of which depicts or describes nudity, including sexual or
excretory activities or organs, in a lascivious way.
``(2) The term `property under the jurisdiction of the
Department of Defense' includes commissaries, all facilities
operated by the Army and Air Force Exchange Service, the Navy
Exchange Service Command, the Navy Resale and Services
Support Office, Marine Corps exchanges, and ship stores.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section
2490b, as added by section 341, the following new item:
``2490c. Sale or rental of sexually explicit material prohibited.''.
(b) Effective Date.--Subsection (a) of section 2490c of
title 10, United States Code, as added by subsection (a) of
this section, shall take effect 90 days after the date of the
enactment of this Act.
[[Page 1132]]
Subtitle F--Performance of Functions by Private-Sector Sources
SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE
PROCUREMENT OF PRINTING AND DUPLICATION
SERVICES.
(a) Extension.--Section 351(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 266) is amended by striking out ``fiscal year
1996'' and inserting in lieu thereof ``fiscal years 1996 and
1997''.
(b) Reporting Requirements.--Such section is further
amended by adding at the end the following new subsection:
``(c) Reporting Requirements.--(1) Not later than 90 days
after the end of each fiscal year in which the requirement of
subsection (a) applies, the Secretary of Defense shall submit
to Congress a report--
``(A) describing the extent of the compliance of the
Secretary with the requirement during that fiscal year;
``(B) specifying the total volume of printing and
duplication services procured by Department of Defense during
that fiscal year--
``(i) from sources within the Department of Defense;
``(ii) from private-sector sources; and
``(iii) from other sources in the Federal Government; and
``(C) specifying the total volume of printed and duplicated
material during that fiscal year covered by the exception in
subsection (b).
``(2) The report required for fiscal year 1996 shall also
include the plans of the Secretary for further implementation
of the requirement of subsection (a) during fiscal year
1997.''.
SEC. 352. REQUIREMENT REGARDING USE OF PRIVATE SHIPYARDS FOR
COMPLEX NAVAL SHIP REPAIR CONTRACTS.
(a) In General.--(1) Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7315. Use of private shipyards for complex ship repair
work: limitation to certain shipyards
``(a) Limitation on Repair Locations.--Whenever a naval
vessel (other than a submarine) is to undergo complex ship
repairs and the Secretary of the Navy determines that a
private shipyard contractor is to be used for the work
required, such work--
``(1) may be performed only by a qualifying shipyard
contractor; and
``(2) shall be performed at the shipyard facility of the
contractor selected unless the Secretary determines that the
work should be conducted elsewhere in the interest of
national security.
``(b) Qualifying Shipyard Contractor.--For the purposes of
this section, a qualifying shipyard contractor, with respect
to the award of any contract for ship repair work, is a
private shipyard that--
``(1) is capable of performing the repair and overhaul of
ships with a displacement of 800 tons or more;
``(2) performs at least 55 percent of repairs with its own
facilities and work force;
``(3) possesses or has access to a dry-dock and a pier with
the capability to berth a ship with a displacement of 800
tons or more; and
``(4) has all the facilities and organizational elements
needed for the repair of a ship with a displacement of 800
tons or more.
``(c) Complex Ship Repairs.--In this section, the term
`complex ship repairs' means repairs to a vessel performed at
a shipyard that are estimated (before work on the repairs by
a shipyard begins) to require expenditure of $750,000 or
more.
``(d) Exception Regarding Pacific Coast.--This section
shall not apply in the case of complex ship repairs to be
performed at a shipyard facility located on the Pacific Coast
of the United States.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7315. Use of private shipyards for complex ship repair work:
limitation to certain shipyards.''.
(b) Effective Date.--Section 7315 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to contracts for complex ship repairs that are
awarded after the date of the enactment of this Act.
Subtitle G--Other Matters
SEC. 360. TERMINATION OF DEFENSE BUSINESS OPERATIONS FUND AND
PREPARATION OF PLAN REGARDING IMPROVED
OPERATION OF WORKING-CAPITAL FUNDS.
(a) Repeal of Defense Business Operations Fund.--(1)
Section 2216 of title 10, United States Code, as added by
section 371(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 277), is
repealed.
(2) The table of sections at the beginning of chapter 131
of title 10, United States Code, is amended by striking out
the item relating to such section.
(3) The amendments made by this subsection shall take
effect on October 1, 1998.
(b) Plan for Improved Operation of Working-Capital Funds.--
Not later than September 30, 1997, the Secretary of Defense
shall submit to Congress a plan to improve the management and
performance of the industrial, commercial, and support type
activities of the military departments or the Defense
Agencies that are currently managed through the Defense
Business Operations Fund.
(c) Elements of Plan.--The plan required by subsection (b)
shall address the following issues:
(1) The ability of each military department to set working
capital requirements and set charges at its own industrial
and supply activities.
(2) The desirability of separate business accounts for the
management of both industrial and supply activities for each
military department.
(3) Liability for operating losses at industrial and supply
activities.
(4) Reimbursement to the Department of Defense for each
military department's fair share of the costs of legitimate
common business support services provided by the Department
of Defense (such as accounting and financial services and
central logistics services).
(5) The role of the Department of Defense in setting
charges or imposing surcharges for activities managed by the
military department business accounts (except for the common
business support costs described in paragraph (4)), and what
such charges should properly reflect.
(6) The appropriate use of operating profits arising from
the operations of the industrial and supply activities of a
military department.
(7) The ability of military departments to purchase
industrial and supply services from, and provide such
services to, other military departments.
(8) Standardization of financial management and accounting
practices employed by military department business accounts.
(9) Reporting requirements related to actual and projected
performance of military department business management
account activities.
SEC. 361. INCREASE IN CAPITAL ASSET THRESHOLD UNDER DEFENSE
BUSINESS OPERATIONS FUND.
Section 2216 of title 10, United States Code, as added by
section 371(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 227), is
amended in subsection (i)(1) by striking out ``$50,000'' and
inserting in lieu thereof ``$100,000''.
SEC. 362. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW
ENFORCEMENT ACTIVITIES.
(a) Transfer Authority.--(1) Chapter 153 of title 10,
United States Code, is amended by inserting after section
2576 the following new section:
``Sec. 2576a. Excess personal property: sale or donation for
law enforcement activities
``(a) Transfer Authorized.--(1) Notwithstanding any other
provision of law and subject to subsection (b), the Secretary
of Defense may transfer to Federal and State agencies
personal property of the Department of Defense, including
small arms and ammunition, that the Secretary determines is--
``(A) suitable for use by the agencies in law enforcement
activities, including counter-drug activities; and
``(B) excess to the needs of the Department of Defense.
``(2) The Secretary shall carry out this section in
consultation with the Attorney General and the Director of
National Drug Control Policy.
``(b) Conditions for Transfer.--The Secretary may transfer
personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense; and
``(2) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment.
``(c) Consideration.--Personal property may be transferred
under this section without cost to the recipient agency.
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this
section, the Secretary shall give a preference to those
applications indicating that the transferred property will be
used in the counter-drug activities of the recipient
agency.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2576 the following new item:
``2576a. Excess personal property: sale or donation for law enforcement
activities.''.
(b) Conforming Amendments.--(1) Section 1208 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 10 U.S.C. 372 note) is repealed.
(2) Section 1005 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1630) is
amended by striking out ``section 1208 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (10
U.S.C. 372 note) and section 372'' and inserting in lieu
thereof ``sections 372 and 2576a''.
SEC. 363. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANSPORTATION.
(a) Storage Authorized.--(1) Section 2634 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(g)(1) In lieu of transportation authorized by this
section, if a member is ordered to make a change of permanent
station to a foreign country and the laws, regulations, or
other restrictions imposed by the foreign country or the
United States preclude entry of a motor vehicle described in
subsection (a) into that country, or would require extensive
modification of the vehicle as a condition to entry, the
member may elect to have the vehicle stored at the expense of
the United States at a location approved by the Secretary
concerned.
[[Page 1133]]
``(2) If a member is transferred or assigned to duty at a
location other than the permanent station of the member for a
period of more than 30 consecutive days, but the transfer or
assignment is not considered a change of permanent station,
the member may elect to have a motor vehicle described in
subsection (a) stored at the expense of the United States at
a location approved by the Secretary concerned.
``(3) Authorized expenses under this subsection include
costs associated with the delivery of the motor vehicle for
storage and removal of the vehicle for delivery to a
destination approved by the Secretary concerned.''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 2634. Motor vehicles: transportation or storage for
members on change of permanent station or extended
deployment''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 157 of title 10, United
States Code, is amended to read as follows:
``2634. Motor vehicles: transportation or storage for members on change
of permanent station or extended deployment.''.
(b) Conforming Amendment.--Section 406(h)(1) of title 37,
United States Code, is amended by striking out subparagraph
(B) and inserting in lieu thereof the following new
subparagraph:
``(B) in the case of a member described in paragraph
(2)(A), authorize the transportation of one motor vehicle,
which is owned or leased by the member (or a dependent of the
member) and is for the personal use of a dependent of the
member, to that location by means of transportation
authorized under section 2634 of title 10 or authorize the
storage of the motor vehicle pursuant to subsection (g) of
such section.''.
(c) Effective Date.--The amendments made by this section
shall take effect on July 1, 1997.
SEC. 364. CONTROL OF TRANSPORTATION SYSTEMS IN TIME OF WAR.
(a) Responsibility of Secretary of Defense.--Chapter 157 of
title 10, United States Code is amended by adding at the end
the following new section:
``Sec. 2644. Control of transportation systems in time of war
``In time of war, the President, acting through the
Secretary of Defense, may take possession and assume control
of all or any part of a system of transportation to transport
troops, war material, and equipment, or for other purposes
related to the emergency. So far as necessary, the Secretary
may use the transportation system to the exclusion of other
traffic.''.
(b) Conforming Repeals.--Sections 4742 and 9742 of title
10, United States Code are repealed.
(c) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 447 of such title is amended by striking
out the item relating to section 4742.
(2) The table of sections at the beginning of chapter 947
of such title is amended by striking out the item relating to
section 9742.
(3) The table of sections at the beginning of chapter 157
of such title 10 is amended by inserting after the item
relating to section 2643 the following new item:
``2644. Control of transportation systems in time of war.''.
SEC. 365. SECURITY PROTECTIONS AT DEPARTMENT OF DEFENSE
FACILITIES IN NATIONAL CAPITAL REGION.
(a) Expansion of Authority.--Subsection (b) of section 2674
of title 10, United States Code, is amended by striking out
``at the Pentagon Reservation'' and inserting in lieu thereof
``in the National Capital Region''.
(b) Clerical Amendment.--(1) The heading of such section is
amended to read as follows:
``Sec. 2674. Operation and control of Pentagon Reservation
and defense facilities in National Capital Region''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2674. Operation and control of Pentagon Reservation and defense
facilities in National Capital Region.''.
SEC. 366. MODIFICATIONS TO ARMED FORCES RETIREMENT HOME ACT
OF 1991.
(a) Term of Office.--Section 1515 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 415) is amended--
(1) in subsection (e), by adding at the end the following:
``(3) The chairman of the Retirement Home Board may appoint
a member of the Retirement Home Board for a second
consecutive term. The chairman of a Local Board may appoint a
member of that Local Board for a second consecutive term.'';
and
(2) by striking out subsection (f) and inserting in lieu
thereof the following:
``(f) Early Expiration of Term.--A member of the Armed
Forces or Federal civilian employee who is appointed as a
member of the Retirement Home Board or a Local Board may
serve as a board member only so long as the member of the
Armed Forces or Federal civilian employee is assigned to or
serving in the duty position that gave rise to the
appointment as a board member.''.
(b) Disposal of Real Property.--Section 1516(d) of such Act
(24 U.S.C. 416(d)) is amended by striking out ``(d)'' and all
that follows through the end of paragraph (1) and inserting
in lieu thereof the following:
``(d) Disposal of Real Property.--(1) The Retirement Home
Board may dispose of real property of the Retirement Home by
sale or otherwise, except that the disposal may not occur
until after the end of a period of 30 legislative days or 60
calendar days, whichever is longer, beginning on the date on
which the Retirement Home Board notifies the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives of the proposed
disposal. The Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.), section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411), and any other provision of law or regulation relating
to the handling or disposal of real property by the United
States shall not apply to the disposal of real property by
the Retirement Home Board.''.
(c) Annual Evaluation of Directors.--Section 1517 of such
Act (24 U.S.C. 417) is amended by striking out subsection (f)
and inserting in lieu thereof the following:
``(f) Annual Evaluation of Directors.--The chairman of the
Retirement Home Board shall annually evaluate the performance
of the Directors and shall make such recommendations to the
Secretary of Defense as the chairman considers appropriate in
light of the evaluation.''.
(d) Effect of Amendment.--The amendment made by subsection
(a)(2) shall not affect the staggered terms of members of the
Armed Forces Retirement Home Board or a Local Board of the
Retirement Home under section 1515(f) of such Act, as in
effect before the date of the enactment of this Act.
SEC. 367. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 1997.--Of the amounts authorized to be
appropriated in section 301(5)--
(1) $50,000,000 shall be available for providing
educational agencies assistance (as defined in subsection
(d)(1)) to local educational agencies; and
(2) $8,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) Notification.--Not later than June 30, 1997, the
Secretary of Defense shall--
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1997 of
that agency's eligibility for such assistance and the amount
of such assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1997 of
that agency's eligibility for such payment and the amount of
the payment for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under paragraphs (1) and (2) of
subsection (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means
payments authorized under section 386(d) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 368. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT
MILITARY TRAINING BASES TRANSFERRED TO NATIONAL
GUARD.
(a) Military Training Installations Affected.--This section
applies with respect to each military training installation
that--
(1) was approved for closure in 1995 under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note);
(2) is scheduled for transfer during fiscal year 1997 to
National Guard operation and control; and
(3) will continue to be used, after such transfer, to
provide training support to active and reserve components of
the Armed Forces.
(b) Retention of Employee Positions.--In the case of a
military training installation described in subsection (a),
the Secretary of Defense shall retain civilian employee
positions of the Department of Defense at the installation
after transfer to the National Guard to facilitate active and
reserve component training at the installation.
(c) Maximum Positions Retained.--The maximum number of
civilian employee positions retained at an installation under
this section shall not exceed 20 percent of the Federal
civilian workforce employed at the installation as of
September 8, 1995.
(d) Removal of Position.--The requirement to maintain a
civilian employee position at an installation under this
section shall terminate upon the later of the following:
[[Page 1134]]
(1) The date of the departure or retirement of the civilian
employee initially employed or retained in a civilian
employee position at the installation as a result of this
section.
(2) The date on which the Secretary certifies to Congress
that a civilian employee position at the installation is no
longer required to ensure that effective support is provided
at the installation for active and reserve component
training.
SEC. 369. EXPANSION OF AUTHORITY TO DONATE UNUSABLE FOOD.
(a) Authority for Donations From Defense Agencies.--Section
2485 of title 10, United States Code, is amended by striking
out ``Secretary of a military department'' in subsections (a)
and (b) and inserting in lieu thereof ``Secretary of
Defense''.
(b) Expansion of Eligible Recipients.--Such section is
further amended--
(1) in subsection (a), by striking out ``authorized
charitable nonprofit food banks'' and inserting in lieu
thereof ``entities specified under subsection (d)''; and
(2) in subsection (d), by striking out ``may only be made''
and all that follows and inserting in lieu thereof the
following: ``may only be made to an entity that is one of the
following:
``(1) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
``(2) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(3) A chapter or other local unit of a recognized
national veterans organization that provides services to
persons without adequate shelter and is designated by the
Secretary of Veterans Affairs as authorized to receive such
donations.
``(4) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of
Veterans Affairs as authorized to receive such donations.''.
(c) Clarification of Food That May Be Donated.--Subsection
(b) of such section is further amended by inserting ``rations
known as humanitarian daily rations (HDRs),'' after
``(MREs),''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1997, as follows:
(1) The Army, 495,000.
(2) The Navy, 407,318.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR
REGIONAL CONTINGENCIES.
Section 691 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) The budget for the Department of Defense for any
fiscal year as submitted to Congress shall include amounts
for funding for each of the armed forces (other than the
Coast Guard) at least in the amounts necessary to maintain
the active duty end strengths prescribed in subsection (b),
as in effect at the time that such budget is submitted.
``(d) No funds appropriated to the Department of Defense
may be used to implement a reduction of the active duty end
strength for any of the armed forces (other than the Coast
Guard) for any fiscal year below the level specified in
subsection (b) unless the reduction in end strength for that
armed force for that fiscal year is specifically authorized
by law.''.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS ON
ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL AND NAVY GRADES OF
LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.
(a) Revision in Army, Air Force, and Marine Corps
Limitations.--The table in paragraph (1) of section 523(a) of
title 10, United States Code, is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in the grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
Major Colonel Colonel
----------------------------------------------------------------------------------------------------------------
Army:
35,000........................................................ 8,922 6,419 2,163
40,000........................................................ 9,614 6,807 2,347
45,000........................................................ 10,305 7,196 2,530
50,000........................................................ 10,997 7,584 2,713
55,000........................................................ 11,688 7,973 2,897
60,000........................................................ 12,380 8,361 3,080
65,000........................................................ 13,071 8,750 3,264
70,000........................................................ 13,763 9,138 3,447
75,000........................................................ 14,454 9,527 3,631
80,000........................................................ 15,146 9,915 3,814
85,000........................................................ 15,837 10,304 3,997
90,000........................................................ 16,529 10,692 4,181
95,000........................................................ 17,220 11,081 4,364
100,000....................................................... 17,912 11,469 4,548
110,000....................................................... 19,295 12,246 4,915
120,000....................................................... 20,678 13,023 5,281
130,000....................................................... 22,061 13,800 5,648
170,000....................................................... 27,593 16,908 7,116
Air Force:
35,000........................................................ 9,216 7,090 2,125
40,000........................................................ 10,025 7,478 2,306
45,000........................................................ 10,835 7,866 2,487
50,000........................................................ 11,645 8,253 2,668
55,000........................................................ 12,454 8,641 2,849
60,000........................................................ 13,264 9,029 3,030
65,000........................................................ 14,073 9,417 3,211
70,000........................................................ 14,883 9,805 3,392
75,000........................................................ 15,693 10,193 3,573
80,000........................................................ 16,502 10,582 3,754
85,000........................................................ 17,312 10,971 3,935
90,000........................................................ 18,121 11,360 4,115
95,000........................................................ 18,931 11,749 4,296
100,000....................................................... 19,741 12,138 4,477
105,000....................................................... 20,550 12,527 4,658
110,000....................................................... 21,360 12,915 4,838
115,000....................................................... 22,169 13,304 5,019
120,000....................................................... 22,979 13,692 5,200
125,000....................................................... 23,789 14,081 5,381
Marine Corps:
10,000........................................................ 2,525 1,480 571
12,500........................................................ 2,900 1,600 592
15,000........................................................ 3,275 1,720 613
17,500........................................................ 3,650 1,840 633
20,000........................................................ 4,025 1,960 654
22,500........................................................ 4,400 2,080 675
25,000........................................................ 4,775 2,200 695.''
----------------------------------------------------------------------------------------------------------------
(b) Revision in Navy Limitations.--The table in paragraph
(2) of such section is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
Navy:
30,000........................................................ 7,331 5,018 2,116
33,000........................................................ 7,799 5,239 2,223
36,000........................................................ 8,267 5,460 2,330
39,000........................................................ 8,735 5,681 2,437
42,000........................................................ 9,203 5,902 2,544
45,000........................................................ 9,671 6,123 2,651
48,000........................................................ 10,139 6,343 2,758
51,000........................................................ 10,606 6,561 2,864
54,000........................................................ 11,074 6,782 2,971
57,000........................................................ 11,541 7,002 3,078
60,000........................................................ 12,009 7,222 3,185
63,000........................................................ 12,476 7,441 3,292
66,000........................................................ 12,944 7,661 3,398
70,000........................................................ 13,567 7,954 3,541
90,000........................................................ 16,683 9,419 4,254.''
----------------------------------------------------------------------------------------------------------------
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on September 1, 1997, except that
with the approval of the Secretary of Defense the Secretary
of a military department may prescribe an earlier date for
that Secretary's military department. Any such date shall be
published in the Federal Register.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1997.--The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1997, as follows:
(1) The Army National Guard of the United States, 366,758.
(2) The Army Reserve, 215,179.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 108,843.
(6) The Air Force Reserve, 73,281.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary
the end strength authorized by subsection (a) by not more
than 2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1997, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,798.
(2) The Army Reserve, 11,729.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,378.
(6) The Air Force Reserve, 625.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
(a) Authorization for Fiscal Year 1997.--The minimum number
of military technicians as of the last day of fiscal year
1997 for the reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army Reserve, 6,799.
(2) For the Army National Guard of the United States,
25,500.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States,
22,906.
(b) Information To Be Provided With Future Authorization
Requests.--Section 10216 of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
[[Page 1135]]
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Information Required To Be Submitted With Annual End
Strength Authorization Request.--(1) The Secretary of Defense
shall include as part of the budget justification documents
submitted to Congress with the budget of the Department of
Defense for any fiscal year the following information with
respect to the end strengths for military technicians
requested in that budget pursuant to section 115(g) of this
title, shown separately for each of the Army and Air Force
reserve components:
``(A) The number of dual-status technicians in the high
priority units and organizations specified in subsection
(a)(1).
``(B) The number of technicians other than dual-status
technicians in the high priority units and organizations
specified in subsection (a)(1).
``(C) The number of dual-status technicians in other than
high priority units and organizations specified in subsection
(a)(1).
``(D) The number of technicians other than dual-status
technicians in other than high priority units and
organizations specified in subsection (a)(1).
``(2)(A) If the budget submitted to Congress for any fiscal
year requests authorization for that fiscal year under
section 115(g) of this title of a military technician end
strength for a reserve component of the Army or Air Force in
a number that constitutes a reduction from the end strength
minimum established by law for that reserve component for the
fiscal year during which the budget is submitted, the
Secretary of Defense shall submit to the congressional
defense committees with that budget a justification providing
the basis for that requested reduction in technician end
strength.
``(B) Any justification submitted under subparagraph (A)
shall clearly delineate--
``(i) in the case of a reduction that includes a reduction
in technicians described in subparagraph (A) or (C) of
paragraph (1), the specific force structure reductions
forming the basis for such requested technician reduction
(and the numbers related to those force structure
reductions); and
``(ii) in the case of a reduction that includes reductions
in technicians described in subparagraphs (B) or (D) of
paragraph (1), the specific force structure reductions,
Department of Defense civilian personnel reductions, or other
reasons forming the basis for such requested technician
reduction (and the numbers related to those reductions).''.
(c) Technical Amendments.--Such section is further
amended--
(1) in subsection (a), by striking out ``section 115'' and
inserting in lieu thereof ``section 115(g)''; and
(2) in subsection (c), as redesignated by subsection
(b)(1), by striking out ``after the date of the enactment of
this section'' both places it appears and inserting in lieu
thereof ``after February 10, 1996,''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1997 a total of $70,206,030,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1997.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Personnel Management
SEC. 501. AUTHORIZATION FOR SENIOR ENLISTED MEMBERS TO
REENLIST FOR AN INDEFINITE PERIOD OF TIME.
Subsection (d) of section 505 of title 10, United States
Code, is amended to read as follows:
``(d)(1) For a member with less than 10 years of service,
the Secretary concerned may accept a reenlistment in the
Regular Army, Regular Navy, Regular Air Force, Regular Marine
Corps, or Regular Coast Guard, as the case may be, for
periods of at least two but not more than six years.
``(2) At the discretion of the Secretary concerned, a
member with 10 or more years of service who reenlists in the
Regular Army, Regular Navy, Regular Air Force, Regular Marine
Corps, or Regular Coast Guard, as the case may be, and who
meets all qualifications for continued service, may be
accepted for reenlistment of an unspecified period of
time.''.
SEC. 502. AUTHORITY TO EXTEND ENTRY ON ACTIVE DUTY UNDER THE
DELAYED ENTRY PROGRAM.
Section 513(b) of title 10, United States Code, is
amended--
(1) by adding after the first sentence the following new
sentence: ``The Secretary concerned may extend the 365-day
period for any person for up to an additional 180 days if the
Secretary considers such extension to be warranted on a case-
by-case basis.''; and
(2) in the last sentence, by striking out ``the preceding
sentence'' and inserting in lieu thereof ``under this
subsection''.
SEC. 503. PERMANENT AUTHORITY FOR NAVY SPOT PROMOTIONS FOR
CERTAIN LIEUTENANTS.
Section 5721 of title 10, United States Code, is amended by
striking out subsection (g).
SEC. 504. REPORTS ON RESPONSE TO RECOMMENDATIONS CONCERNING
IMPROVEMENTS TO DEPARTMENT OF DEFENSE JOINT
MANPOWER PROCESS.
(a) Semiannual Report.--The Secretary of Defense shall
submit to Congress a semiannual report on the status of
actions taken by the Secretary to implement the
recommendations made by the Department of Defense Inspector
General in the report of November 29, 1995, entitled
``Inspection of the Department of Defense Joint Manpower
Process'' (Report No. 96-029). The first such report shall be
submitted not later than February 1, 1997.
(b) Additional Matter for First Report.--As part of the
first report under subsection (a), the Secretary shall
include the following:
(1) The Secretary's assessment as to the need to establish
a joint, centralized permanent organization in the Department
of Defense to determine, validate, approve, and manage
military and civilian manpower requirements resources at
joint organizations.
(2) The Secretary's assessment of the Department of Defense
timeline and plan to increase the capability of the joint
professional military education system (including the Armed
Forces Staff College) to overcome the capacity limitations
cited in the report referred to in subsection (a).
(3) The Secretary's plan and timeline to provide the
necessary training and education of reserve component
officers.
(c) GAO Assessment.--The Comptroller General of the United
States shall assess the completeness and adequacy of the
corrective actions taken by the Secretary with respect to the
matters covered in the report referred to in subsection (a)
and shall submit a report to Congress, not later than one
year after the date of enactment of this Act, providing the
Comptroller General's findings and recommendations.
SEC. 505. FREQUENCY OF REPORTS TO CONGRESS ON JOINT OFFICER
MANAGEMENT POLICIES.
(a) Change from Semiannual to Annual Report.--Section
662(b) of title 10, United States Code, is amended by
striking out ``Report.--The Secretary of Defense shall
periodically (and not less often than every six months)
report to Congress on the promotion rates'' and inserting in
lieu thereof ``Annual Report.--Not later than January 1 of
each year, the Secretary of Defense shall submit to Congress
a report on the promotion rates during the preceding fiscal
year''.
(b) Technical and Conforming Amendments.--Such section is
further amended--
(1) in the first sentence, by striking out ``clauses'' and
inserting in lieu thereof ``paragraphs''; and
(2) in the second sentence--
(A) by inserting ``for any fiscal year'' after ``such
objectives''; and
(B) by striking out ``periodic report required by this
subsection'' and inserting in lieu thereof ``report for that
fiscal year''.
SEC. 506. REPEAL OF REQUIREMENT THAT COMMISSIONED OFFICERS BE
INITIALLY APPOINTED IN A RESERVE GRADE.
Section 532 of title 10, United States Code, is amended by
striking out subsection (e).
SEC. 507. CONTINUATION ON ACTIVE STATUS FOR CERTAIN RESERVE
OFFICERS OF THE AIR FORCE.
(a) Authority.--Section 14507 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Temporary Authority To Retain Certain Officers
Designated as Judge Advocates.--(1) Notwithstanding the
provisions of subsections (a) and (b), the Secretary of the
Air Force may retain on the reserve active-status list any
reserve officer of the Air Force who is designated as a judge
advocate and who obtained the first professional degree in
law while on an educational delay program subsequent to being
commissioned through the Reserve Officers' Training Corps.
``(2) No more than 50 officers may be retained on the
reserve active-status list under the authority of paragraph
(1) at any time.
``(3) No officer may be retained on the reserve active-
status list under the authority of paragraph (1) for a period
exceeding three years from the date on which, but for that
authority, that officer would have been removed from the
reserve active-status list under subsection (a) or (b).
``(4) The authority of the Secretary of the Air Force under
paragraph (1) expires on September 30, 2003.''.
(b) Effective Date.--Subsection (c) of section 14507 of
title 10, United States Code, as added by subsection (a),
shall take effect on October 1, 1996.
SEC. 508. CLARIFICATION OF APPLICABILITY OF CERTAIN
MANAGEMENT CONSTRAINTS ON MAJOR RANGE AND TEST
FACILITY BASE STRUCTURE.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting after ``industrial-
type activities'' the following: ``, the Major Range and Test
Facility Base,''; and
(2) by adding at the end the following new subsection:
``(e) Subsections (a), (b), and (c) apply to the Major
Range and Test Facility Base (MRTFB) at the installation
level. With respect to the MRTFB structure, the term ``funds
made available'' includes both direct appropriated funds and
funds provided by MRTFB customers.''.
Subtitle B--Reserve Component Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AUTHORITY.
(a) IRR Members Subject To Order to Active Duty Other Than
During War or National Emergency.--Section 10144 of title 10,
United States Code, is amended--
(1) by inserting ``(a)'' before ``Within the Ready
Reserve''; and
(2) by adding at the end the following:
``(b)(1) Within the Individual Ready Reserve of each
reserve component there is a
[[Page 1136]]
mobilization category of members, as designated by the
Secretary concerned, who are subject to being ordered to
active duty involuntarily in accordance with section 12304 of
this title. A member may not be placed in that mobilization
category unless--
``(A) the member volunteers for that category; and
``(B) the member is selected for that category by the
Secretary concerned, based upon the needs of the service and
the grade and military skills of that member.
``(2) A member of the Individual Ready Reserve may not be
carried in the mobilization category of members under
paragraph (1) after the end of the 24-month period beginning
on the date of the separation of the member from active
service.
``(3) The Secretary shall designate the grades and critical
military skills or specialities of members to be eligible for
placement in such mobilization category.
``(4) A member in such mobilization category shall be
eligible for benefits (other than pay and training) as are
normally available to members of the Selected Reserve, as
determined by the Secretary of Defense.''.
(b) Criteria for Ordering to Active Duty.--Subsection (a)
of section 12304 of title 10, United States Code, is amended
by inserting after ``of this title),'' the following: ``or
any member in the Individual Ready Reserve mobilization
category and designated as essential under regulations
prescribed by the Secretary concerned,''.
(c) Maximum Number.--Subsection (c) of such section is
amended--
(1) by inserting ``and the Individual Ready Reserve'' after
``Selected Reserve''; and
(2) by inserting ``, of whom not more than 30,000 may be
members of the Individual Ready Reserve'' before the period
at the end.
(d) Conforming Amendments.--Such section is further
amended--
(1) in subsection (f), by inserting ``or Individual Ready
Reserve'' after ``Selected Reserve'';
(2) in subsection (g), by inserting ``, or member of the
Individual Ready Reserve,'' after ``to serve as a unit''; and
(3) by adding at the end the following new subsection:
``(i) For purposes of this section, the term `Individual
Ready Reserve mobilization category' means, in the case of
any reserve component, the category of the Individual Ready
Reserve described in section 10144(b) of this title.''.
(e) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 12304. Selected Reserve and certain Individual Ready
Reserve members; order to active duty other than during war
or national emergency''.
(2) The item relating to section 12304 in the table of
sections at the beginning of chapter 1209 of such title is
amended to read as follows:
``12304. Selected Reserve and certain Individual Ready Reserve members;
order to active duty other than during war or national
emergency''.
SEC. 512. TRAINING FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Subsection (b) of section 12310 of title 10, United States
Code, is amended to read as follows:
``(b) A Reserve on active duty as described in subsection
(a) may be provided training and professional development
opportunities consistent with those provided to other members
on active duty, as the Secretary concerned sees fit.''.
SEC. 513. CLARIFICATION TO DEFINITION OF ACTIVE STATUS.
Section 101(d)(4) of title 10, United States Code, is
amended by striking out ``a reserve commissioned officer,
other than a commissioned warrant officer'' and inserting in
lieu thereof ``a member of a reserve component''.
SEC. 514. APPOINTMENT ABOVE GRADE OF 0-2 IN THE NAVAL
RESERVE.
Paragraph (3) of section 12205(b) of title 10, United
States Code, is amended by inserting ``or the Seaman to
Admiral Program'' before the period at the end.
SEC. 515. REPORT ON NUMBER OF ADVISERS IN ACTIVE COMPONENT
SUPPORT OF RESERVES PILOT PROGRAM.
(a) Report on Number of Active Component Advisers.--Not
later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report setting
forth the Secretary's determination as to the appropriate
number of active component personnel to be assigned to serve
as advisers to reserve components under section 414 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (10 U.S.C. 12001 note). If the Secretary's determination
is that such number should be a number other than the
required minimum number in effect under subsection (c) of
such section, the Secretary shall include in the report an
explanation providing the Secretary's justification for the
number recommended.
(b) Technical Amendment.--Section 414(a) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 12001 note) is amended by striking out ``During fiscal
years 1992 and 1993, the Secretary of the Army shall
institute'' and inserting in lieu thereof ``The Secretary of
the Army shall carry out''.
SEC. 516. SENSE OF CONGRESS AND REPORT REGARDING REEMPLOYMENT
RIGHTS FOR MOBILIZED RESERVISTS EMPLOYED IN
FOREIGN COUNTRIES.
(a) Sense of Congress.--Congress is concerned about the
lack of reemployment rights afforded Reserve component
members who reside in foreign countries and either work for
United States companies that maintain offices or operations
in foreign countries or work for foreign employers. Being
outside the jurisdiction of the United States, these
employers are not subject to the provisions of chapter 43 of
title 38, United States Code, known as the Uniformed Services
Employment and Reemployment Rights Act (USERRA). The purpose
of that Act is to provide statutory employment protections
that include reinstatement, seniority, status, and rate of
pay coverage for Reservists who are ordered to active duty
for a specified period of time, including involuntary active
duty in support of an operational contingency. While most
Reserve members are afforded the protections of that Act
(which covers reemployment rights in their civilian jobs upon
completion of military service), approximately 2,000 members
of the Selected Reserve reside outside the United States and
its territories and, not being guaranteed the job protection
envisioned by the USERRA, are potentially subject to
reemployment problems after release from active duty. During
Operation Joint Endeavor, a number of Reservists who are
currently living and working abroad and who were
involuntarily ordered to active duty in support of that
operation did in fact face reemployment problems with their
civilian employers. This situation poses a continuing
personnel management challenge for the reserve components.
(b) Recognition of Problem.--Congress, while recognizing
that foreign governments and companies located abroad, not
being within the jurisdiction of the United States, cannot be
required to comply with the provisions of the Uniformed
Services Employment and Reemployment Rights Act, also
recognizes that there is a need to provide assistance to
Reservists in the situation described in subsection (a), both
in the near term and the long term.
(c) Report Requirement.--Not later than April 1, 1997, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that sets forth
recommended actions to help alleviate reemployment problems
for Reservists who are employed outside the United States and
its territories by United States companies that maintain
offices or operations in foreign countries or by foreign
employers. The report shall include recommendations on the
assistance and support that may be required by other
organizations of the Government, including the Defense
Attache Offices, the Department of Labor, and the Department
of State. The report shall be prepared in consultation with
the Secretary of State and the Secretary of Labor.
SEC. 517. ELIGIBILITY FOR ENROLLMENT IN READY RESERVE
MOBILIZATION INCOME INSURANCE PROGRAM.
Section 12524 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g) Members of Individual Ready Reserve.--Notwithstanding
any other provision of this section, and pursuant to
regulations issued by the Secretary, a member of the
Individual Ready Reserve who becomes a member of the Selected
Reserve shall not be denied eligibility to purchase insurance
under this chapter upon becoming a member of the Selected
Reserve unless the member previously declined to enroll in
the program of insurance under this chapter while a member of
the Selected Reserve.''.
Subtitle C--Jurisdiction and Powers of Courts-Martial for the National
Guard When Not in Federal Service
SEC. 531. COMPOSITION, JURISDICTION, AND PROCEDURES OF
COURTS-MARTIAL.
Section 326 of title 32, United States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the text of
the section;
(2) by striking out the second sentence and inserting in
lieu thereof the following: ``They shall follow substantially
the forms and procedures provided for those courts and shall
provide accused members of the National Guard the rights and
protections provided in those courts.''; and
(3) by adding at the end the following:
``(b) Courts-martial of the National Guard not in Federal
service do not have jurisdiction over those persons who are
subject to the jurisdiction of a court-martial pursuant to
section 802 of title 10.
``(c) A court-martial of the National Guard not in Federal
service shall have such jurisdiction and powers, consistent
with the provisions of this chapter, as may be provided by
the law of the State or Territory, Puerto Rico, or District
of Columbia in which the court-martial is convened.''.
SEC. 532. GENERAL COURTS-MARTIAL.
(a) Convening Authority.--Subsection (a) of section 327 of
title 32, United States Code, is amended by inserting ``or
adjutant general'' after ``governor''.
(b) Punishments.--Subsection (b) of such section is amended
to read as follows:
``(b) A general court-martial may sentence an accused, upon
conviction, to any of the following punishments:
``(1) A fine of not more than $500 for a single offense.
``(2) Forfeiture of pay and allowances in an amount of not
more than $500 for a single of
[[Page 1137]]
fense or any forfeiture of pay for not more than six months.
``(3) A reprimand.
``(4) Dismissal, bad conduct discharge, or dishonorable
discharge.
``(5) In the case of an enlisted member, reduction to a
lower grade.
``(6) Confinement for not more than 180 days.
``(7) Any combination of the punishments specified in
paragraphs (1) through (6).''.
(c) Limitation on Punitive Discharges.--Such section is
further amended by adding at the end the following new
subsection:
``(c)(1) A dismissal or bad conduct or dishonorable
discharge may not be adjudged unless counsel was detailed to
represent the accused and a military judge was detailed to
the trial.
``(2) In a case in which the sentence adjudged includes
dismissal or a bad conduct or dishonorable discharge, a
verbatim record of the proceedings shall be made.''.
SEC. 533. SPECIAL COURTS-MARTIAL.
(a) Convening Authority.--Subsection (a) of section 328 of
title 32, United States Code, is amended by inserting ``, if
a National Guard officer,'' after ``the commanding officer''.
(b) Punishments.--Subsection (b) of such section is amended
to read as follows:
``(b) A special court-martial may sentence an accused, upon
conviction, to any of the following punishments:
``(1) A fine of not more than $300 for a single offense.
``(2) Forfeiture of pay and allowances in an amount of not
more than $300 for a single offense, but adjudged forfeiture
of pay may not exceed two-thirds pay per month and
forfeitures may not extend for more than six months.
``(3) A reprimand.
``(4) Bad conduct discharge.
``(5) In the case of an enlisted member, reduction to a
lower grade.
``(6) Confinement for not more than 100 days.
``(7) Any combination of the punishments specified in
paragraphs (1) through (6).''.
(c) Limitation on Bad Conduct Discharges.--Subsection (c)
of such section is amended to read as follows:
``(c)(1) A bad conduct discharge may not be adjudged unless
counsel was detailed to represent the accused and a military
judge was detailed to the trial.
``(2) In a case in which the sentence adjudged includes a
bad conduct discharge, a verbatim record of the proceedings
shall be made.''.
SEC. 534. SUMMARY COURTS-MARTIAL.
(a) Convening Authority.--Subsection (a) of section 329 of
title 32, United States Code, is amended--
(1) by inserting ``, if a National Guard officer,'' after
``the commanding officer''; and
(2) by inserting after the first sentence the following new
sentence: ``Summary courts-martial may also be convened by
superior authority.''.
(b) Jurisdiction.--Subsection (a) of such section is
further amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) A summary court-martial may not try a commissioned
officer.''.
(c) Punishments.--Subsection (b) of such section is amended
to read as follows:
``(b) A summary court-martial may sentence an accused, upon
conviction, to any of the following punishments:
``(1) A fine of not more than $200 for a single offense.
``(2) Forfeiture of pay and allowances in an amount of not
more than $200 for a single offense, but not to exceed two-
thirds of one month's pay.
``(3) Reduction to a lower grade.
``(4) Any combination of the punishments specified in
paragraphs (1) through (3).''.
(d) Consent of Accused for Summary Court-Martial.--Such
section is further amended by adding at the end the following
new subsection:
``(c) An accused with respect to whom summary courts-
martial have jurisdiction may not be brought to trial before
a summary court-martial if the accused objects thereto. If an
accused so objects to trial by summary court-martial, the
convening authority may order trial by special or general
court-martial, as may be appropriate.''.
SEC. 535. REPEAL OF AUTHORITY FOR CONFINEMENT IN LIEU OF
FINE.
Section 330 of title 32, United States Code, is repealed.
SEC. 536. APPROVAL OF SENTENCE OF BAD CONDUCT DISCHARGE OR
CONFINEMENT.
(a) In General.--Section 331 of title 32, United States
Code, is amended by striking out ``or dishonorable
discharge'' and inserting in lieu thereof ``, bad conduct
discharge, dishonorable discharge, or confinement for three
months or more''.
(b) Conforming Amendment.--The heading of such section is
amended to read as follows:
``Sec. 331. Sentences requiring approval of governor''.
SEC. 537. AUTHORITY OF MILITARY JUDGES.
Section 332 of title 32, United States Code, is amended by
inserting ``or military judge'' after ``the president''.
SEC. 538. STATUTORY REORGANIZATION.
(a) New Title 32 Chapter.--(1) Title 32, United States
Code, is amended by inserting after section 325 the
following:
``CHAPTER 4--COURTS-MARTIAL FOR THE NATIONAL GUARD WHEN NOT IN FEDERAL
SERVICE
``Sec.
``401. Courts-martial: composition, jurisdiction, and procedures.
``402. General courts-martial.
``403. Special courts-martial.
``404. Summary courts-martial.
``405. Sentences requiring approval of governor.
``406. Compelling attendance of accused and witnesses.
``407. Execution of process and sentence.''.
(2) The table of chapters at the beginning of such title is
amended by inserting after the item relating to chapter 3 the
following new item:
``4. Courts-Martial for the National Guard When not in Federa401''.ice.
(3) The table of sections at the beginning of chapter 3 of
such title is amended by striking out the items relating to
sections 326 through 333.
(b) Redesignation of Sections.--The following sections of
title 32, United States Code (as amended by this subtitle),
are redesignated as follows:
Section Redesignated section
326...........................................................401
327...........................................................402
328...........................................................403
329...........................................................404
331...........................................................405
332...........................................................406
333...........................................................407
(c) Section Headings.--The headings for sections 401, 402,
403, and 404 of title 32, United States Code, as redesignated
by subsection (b), are amended by striking out ``of National
Guard not in Federal service''.
SEC. 539. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on
the date of the enactment of this Act, except that for an
offense committed before that date the maximum punishment
shall be the maximum punishment in effect at the time of the
commission of the offense.
SEC. 540. CONFORMING AMENDMENTS TO UNIFORM CODE OF MILITARY
JUSTICE.
(a) Article 20.--Section 820 of title 10, United States
Code, is amended--
(1) by inserting ``(a)'' before ``Subject to'';
(2) by striking out the second and third sentences and
inserting in lieu thereof the following:
``(b) An accused with respect to whom summary courts-
martial have jurisdiction may not be brought to trial before
a summary court-martial if the accused objects thereto. If an
accused so objects to trial by summary court-martial, the
convening authority may order trial by special or general
court-martial, as may be appropriate.''; and
(3) by designating as subsection (c) the sentence beginning
``Summary courts-martial may,''.
(b) Article 54.--Section 854(c)(1) of such title is amended
by striking out ``complete record of the proceedings and
testimony'' and inserting in lieu thereof ``verbatim record
of the proceedings''.
Subtitle D--Education and Training Programs
SEC. 551. EXTENSION OF MAXIMUM AGE FOR APPOINTMENT AS A CADET
OR MIDSHIPMAN IN THE SENIOR RESERVE OFFICERS'
TRAINING CORPS AND THE SERVICE ACADEMIES.
(a) Senior Reserve Officers' Training Corps.--Sections
2107(a) and 2107a(a) of title 10, United States Code, are
amended--
(1) by striking out ``25 years of age'' and inserting in
lieu thereof ``27 years of age''; and
(2) by striking out ``29 years of age'' and inserting in
lieu thereof ``30 years of age''.
(b) United States Military Academy.--Section 4346(a) of
such title is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third
birthday''.
(c) United States Naval Academy.--Section 6958(a)(1) of
such title is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third
birthday''.
(d) United States Air Force Academy.--Section 9346(a) of
such title is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third
birthday''.
SEC. 552. OVERSIGHT AND MANAGEMENT OF SENIOR RESERVE
OFFICERS' TRAINING CORPS PROGRAM.
(a) Enrollment Priority To Be Consistent With Purpose of
Program.--(1) Section 2103 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) An educational institution at which a unit of the
program has been established shall give priority for
enrollment in the program to students who are eligible for
advanced training under section 2104 of this title.''.
(2) Section 2109 of such title is amended by adding at the
end the following new subsection:
``(c)(1) A person who is not qualified for, and (as
determined by the Secretary concerned) will not be able to
become qualified for, advanced training by reason of one or
more of the requirements prescribed in paragraphs (1) through
(3) of section 2104(b) of this title shall not be permitted
to participate in--
``(A) field training or a practice cruise under section
2106(b)(6) of this title; or
``(B) practical military training under subsection (a).
``(2) The Secretary of the military department concerned
may waive the limitation in
[[Page 1138]]
paragraph (1) under procedures prescribed by the
Secretary.''.
(b) Wear of the Military Uniform.--Section 772(h) of such
title is amended by inserting before the period at the end
the following: ``if the wear of such uniform is specifically
authorized under regulations prescribed by the Secretary of
the military department concerned''.
SEC. 553. ROTC SCHOLARSHIP STUDENT PARTICIPATION IN
SIMULTANEOUS MEMBERSHIP PROGRAM.
Section 2103 of title 10, United States Code, is amended by
adding after subsection (e), as added by section 552, the
following new subsection:
``(f) The Secretary of Defense shall ensure that, in
carrying out the program, the Secretaries of the military
departments permit any person who is receiving financial
assistance under section 2107 of this title simultaneously to
be a member of the Selected Reserve.''.
SEC. 554. EXPANSION OF ROTC ADVANCED TRAINING PROGRAM TO
INCLUDE GRADUATE STUDENTS.
(a) In General.--Section 2107(c) of title 10, United States
Code, is amended by inserting before the last sentence the
following new sentence: ``The Secretary of the military
department concerned may provide similar financial assistance
to a student enrolled in an advanced education program beyond
the baccalaureate degree level if the student also is a cadet
or midshipman in an advanced training program.''.
(b) Definitional Change.--Paragraph (3) of section 2101 of
title 10, United States Code, is amended by inserting
``students enrolled in an advanced education program beyond
the baccalaureate degree level or to'' after `instruction
offered in the Senior Reserve Officers' Training Corps to''.
SEC. 555. RESERVE CREDIT FOR MEMBERS OF ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
(a) Service Credit.--Section 2126 of title 10, United
States Code, is amended--
(1) by striking out ``Service performed'' and inserting in
lieu thereof ``(a) General Rule Against Provision of Service
Credit.--Except as provided in subsection (b), service
performed''; and
(2) by adding at the end the following:
``(b) Service Credit for Certain Purposes.--(1) This
subsection applies with respect to a member of the Selected
Reserve who--
``(A) completed a course of study under this subchapter as
a member of the program;
``(B) completed the active duty obligation imposed under
section 2123(a) of this title; and
``(C) possesses a specialty designated by the Secretary
concerned as critically needed in wartime.
``(2) Upon satisfactory completion of a year of service in
the Selected Reserve by a member of the Selected Reserve
described in paragraph (1), the Secretary concerned may
credit the member with a maximum of 50 points creditable
toward the computation of the member's years of service under
section 12732(a)(2) of this title for one year of
participation in a course of study under this subchapter. Not
more than four years of participation in a course of study
under this subchapter may be considered under this paragraph.
``(3) In the case of a member of the Selected Reserve
described in paragraph (1), the Secretary concerned may also
credit the service of the member while pursuing a course of
study under this subchapter, but not to exceed a total of
four years, for purposes of computing years of service
creditable under section 205 of title 37.
``(c) Limitations.--(1) A member of the Selected Reserve
relieved of any portion of the minimum active duty obligation
imposed under section 2123(a) of this title may not receive
any point or service credit under subsection (b).
``(2) A member of the Selected Reserve awarded points or
service credit under subsection (b) shall not be considered
to have been in an active status, by reason of the award of
the points or credit, while pursuing a course of study under
this subchapter for purposes of any provision of law other
than section 12732(a)(2) of this title and section 205 of
title 37.''.
(b) Retroactivity Barred.--A member of the Selected Reserve
is not entitled to any retroactive award or increase in pay
or allowances as a result of the amendments made by
subsection (a).
(c) Effective Date.--The amendments made by this section
shall apply to individuals receiving financial assistance
under section 2107 of title 10, United States Code, after
September 30, 1996.
SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION BENEFITS TO
INCLUDE CERTAIN RESERVE OFFICERS' TRAINING
CORPS (ROTC) PARTICIPANTS.
(a) Active Duty Service.--Section 3011(c) of title 38,
United States Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion
of a program of educational assistance under section 2107 of
title 10 is not eligible for educational assistance under
this section if the individual enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.''.
(b) Selected Reserve.--Section 3012(d) of title 38, United
States Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion
of a program of educational assistance under section 2107 of
title 10 is not eligible for educational assistance under
this section if the individual enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.''.
SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND POLICY
IMPLICATIONS OF PERMITTING UP TO FIVE PERCENT
OF SERVICE ACADEMY GRADUATES TO BE ASSIGNED
DIRECTLY TO RESERVE DUTY UPON GRADUATION.
(a) Report Required.--The Comptroller General of the United
States shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report providing an analysis of the cost
implications, and the policy implications, of permitting up
to 5 percent of each graduating class of each of the service
academies to be placed, upon graduation and commissioning, in
an active status in the appropriate reserve component
(without a minimum period of obligated active duty service),
with a corresponding increase in the number of ROTC graduates
each year who are permitted to serve on active duty upon
commissioning.
(b) Information on Current Academy Graduates in Reserve
Components.--The Comptroller General shall include in the
report information (shown in the aggregate and separately for
each of the Armed Forces and for graduates of each service
academy) on--
(1) the number of academy graduates who at the time of the
report are serving in an active status in a reserve
component; and
(2) within the number under paragraph (1), the number for
each reserve component and, of those, the number within each
reserve component who are on active duty under section
12301(d) of title 10, United States Code, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components.
(c) Submission of Report.--The report shall be submitted
not later than six months after the date of the enactment of
this Act.
(d) Service Academies.--For purposes of this section, the
term ``service academies'' means--
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
Subtitle E--Other Matters
SEC. 561. HATE CRIMES IN THE MILITARY.
(a) Human Relations Training.--(1) The Secretary of Defense
shall ensure that the Secretary of each military department
conducts ongoing programs for human relations training for
all members of the Armed Forces under the jurisdiction of the
Secretary. Matters to be covered by such training include
race relations, equal opportunity, opposition to gender
discrimination, and sensitivity to ``hate group'' activity.
Such training shall be provided during basic training (or
other initial military training) and on a regular basis
thereafter.
(2) The Secretary of Defense shall also ensure that unit
commanders are aware of their responsibilities in ensuring
that impermissible activity based upon discriminatory motives
does not occur in units under their command.
(b) Information To Be Provided to Prospective Recruits.--
The Secretary of Defense shall ensure that each individual
preparing to enter an officer accession program or to execute
an original enlistment agreement is provided information
concerning the meaning of the oath of office or oath of
enlistment for service in the Armed Forces in terms of the
equal protection and civil liberties guarantees of the
Constitution, and each such individual shall be informed that
if supporting those guarantees is not possible personally for
that individual, then that individual should decline to enter
the Armed Forces.
(c) Annual Survey.--(1) Section 451 of title 10, United
States Code, is amended to read as follows:
``Sec. 451. Race relations, gender discrimination, and hate
group activity: annual survey and report
``(a) Annual Survey.--The Secretary of Defense shall carry
out an annual survey to measure the state of racial, ethnic,
and gender issues and discrimination among members of the
armed forces serving on active duty and the extent (if any)
of activity among such members that may be seen as so-called
`hate group' activity. The survey shall solicit information
on the race relations and gender relations climate in the
armed forces, including--
``(1) indicators of positive and negative trends of
relations among all racial and ethnic groups and between the
sexes;
``(2) the effectiveness of Department of Defense policies
designed to improve race, ethnic, and gender relations; and
``(3) the effectiveness of current processes for complaints
on and investigations into racial, ethnic, and gender
discrimination.
``(b) Implementing Entity.--The Secretary shall carry out
each annual survey through
[[Page 1139]]
the entity in the Department of Defense known as the Armed
Forces Survey on Race/Ethnic Issues.
``(c) Reports to Congress.--Upon completion of biennial
survey under subsection (a), the Secretary shall submit to
Congress a report containing the results of the survey.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 22 of such title is
amended to read as follows:
``451. Race relations, gender discrimination, and hate group activity:
annual survey and report.''.
SEC. 562. AUTHORITY OF A RESERVE JUDGE ADVOCATE TO ACT AS A
NOTARY PUBLIC.
(a) Notary Public Authority to Include Reserve Lawyers of
the Armed Forces.--Section 1044a(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking out ``on active duty or
performing inactive-duty training'' and inserting in lieu
thereof ``, including reserve judge advocates not on active
duty'';
(2) in paragraph (3), by striking out ``adjutants on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``adjutants, including reserve members not on
active duty''; and
(3) in paragraph (4), by striking out ``persons on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``members of the armed forces, including reserve
members not on active duty,''.
(b) Ratification of Prior Notarial Acts.--Any notarial act
performed before the enactment of this Act, the validity of
which has not been challenged or negated in a case pending
before or decided by a court or administrative agency of
competent jurisdiction, on or before the date of the
enactment of this Act, is hereby confirmed, ratified, and
approved with full effect as if such act was performed after
the enactment of this Act.
SEC. 563. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO PUBLIC
HEALTH SERVICE OFFICERS.
(a) Legal Assistance Available.--Subsection (a) of section
1044 of title 10, United States Code, is amended by striking
out paragraph (3) and inserting in lieu thereof the
following:
``(3) Officers of the commissioned corps of the Public
Health Service who are on active duty or entitled to retired
or equivalent pay.
``(4) Dependents of members and former members described in
paragraphs (1), (2), and (3).''.
(b) Limitation on Assistance.--Subsection (c) of such
section is amended--
(1) by striking out ``armed forces'' and inserting in lieu
thereof ``uniformed services described in subsection (a)'';
and
(2) by inserting ``such'' after ``dependent of''.
(c) Clarifying Amendments.--Subsection (a) of such section
is further amended by striking out ``under his jurisdiction''
in paragraphs (1) and (2).
(d) Stylistic Amendments.--Subsection (a) of such section
is further amended--
(1) in the matter preceding paragraph (1), by striking out
``to--'' and inserting in lieu thereof ``to the following
persons:'';
(2) by capitalizing the first letter of the first word of
paragraphs (1) and (2);
(3) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period; and
(4) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period.
SEC. 564. EXCEPTED APPOINTMENT OF CERTAIN JUDICIAL NON-
ATTORNEY STAFF IN THE UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES.
Section 943(c) of title 10, United States Code, is
amended--
(1) in the heading for the subsection, by inserting ``and
Certain Other'' after ``Attorney''; and
(2) in paragraph (1), by inserting ``and non-attorney
positions on the personal staff of a judge'' after ``Court of
Appeals for the Armed Forces''.
SEC. 565. REPLACEMENT OF CERTAIN AMERICAN THEATER CAMPAIGN
RIBBONS.
(a) Replacement Ribbons.--The Secretary of the Army,
pursuant to section 3751 of title 10, United States Code, may
replace any World War II decoration known as the American
Theater Campaign Ribbon that was awarded to a person listed
in the order described in subsection (b).
(b) Ribbons Properly Awarded.--Any person listed in the
document titled ``General Order Number 1'', issued by the
Third Auxiliary Surgical Group, APO 647, United States Army,
dated February 1, 1943, shall be considered to have been
properly awarded the American Theater Campaign Ribbon for
service during World War II.
SEC. 566. RESTORATION OF REGULATIONS PROHIBITING SERVICE OF
HOMOSEXUALS IN THE ARMED FORCES.
(a) Termination of Existing Administrative Policy.--
Effective on the date of the enactment of this Act, the
following measures of the executive branch are rescinded and
shall cease to be effective:
(1) The memorandum of the Secretary of Defense to the
Secretaries of the military departments and the Chairman of
the Joint Chiefs of Staff dated July 19, 1993, that stated
its subject to be: ``Policy on Homsexual Conduct in the Armed
Forces''.
(2) The four-page document entitled ``Policy Guidelines on
Homsexual Conduct in the Armed Forces'' that was issued by
the Secretary of Defense as an attachment to the memorandum
referred to in paragraph (1).
(3) The revisions to Department of Defense directives
1332.30, 1332.14, and 1304.26 that were directed to be made
by the General Counsel of the Department of Defense by
memorandum dated February 28, 1994, to the Director of
Administration and Management of the Department of Defense.
(b) Reinstatement of Former Regulations.--Immediately upon
the enactment of this Act and effective as of the date of the
enactment of this Act--
(1) the Secretary of Defense shall reinstate the
regulations (including Department of Defense directives) of
the Department of Defense regarding service of homosexuals in
the Armed Forces that were in effect on January 19, 1993; and
(2) the Secretary of each military department shall
reinstate the regulations of that military department
regarding service of homosexuals in the Armed Forces that
were in effect on January 19, 1993.
(c) Revision Prohibited.--The regulations (including
Department of Defense directives) reinstated pursuant to
subsection (b), insofar as they relate to the service of
homosexuals in the Armed Forces, may not be revised except as
specifically provided by a law enacted after the enactment of
this Act.
(d) Rule of Construction.--In the case of a conflict
between the regulations required to be prescribed by
subsection (b) and the provisions of section 654 of title 10,
United States Code, or any other provision of law, the
requirements of such provision of law shall be given effect.
(e) Restoration of Questioning of New Entrants into
Military Service.--(1) Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
issue instructions for the resumption of questioning of
potential new entrants into the Armed Forces as to
homosexuality in accordance with the policy and practices of
the Department of Defense as of January 19, 1993 (as
reinstated pursuant to subsection (b)).
(2) Section 571(d) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1673;
10 U.S.C. 654 note) is repealed.
SEC. 567. REENACTMENT AND MODIFICATION OF MANDATORY
SEPARATION FROM SERVICE FOR MEMBERS DIAGNOSED
WITH HIV-1 VIRUS.
(a) Reenactment and Modification.--(1) Chapter 59 of title
10, United States Code, is amended by inserting after section
1176 the following:
``Sec. 1177. Members infected with HIV-1 virus: mandatory
discharge or retirement
``(a) Mandatory Separation.--(1) A member of the Army,
Navy, Air Force, or Marine Corps who is HIV-positive and who
on the date on which the medical determination is made that
the member is HIV-positive has less than 15 years of
creditable service shall be separated. Such separation shall
be made on a date determined by the Secretary concerned,
which shall be as soon as practicable after the date on which
the medical determination is made that the member is HIV-
positive and not later than the last day of the second month
beginning after such date.
``(2) In determining the years of creditable service of a
member for purposes of paragraph (1)--
``(A) in the case of a member on active duty or full-time
National Guard duty, the member's years of creditable service
are the number of years of service of the member as computed
for the purpose of determining the member's eligibility for
retirement under any provision of law (other than chapter 61
or 1223 of this title); and
``(B) in the case of a member in an active status, the
member's years of creditable service are the number of years
of service creditable to the member under section 12732 of
this title.
``(b) Form of Separation.--The characterization of the
service of the member shall be determined without regard to
the determination that the member is HIV-positive.
``(c) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``(d) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided
information, in writing, before such separation of the
available medical care (through the Department of Veterans
Affairs and otherwise) to treat the member's condition. Such
information shall include identification of specific medical
locations near the member's home of record or point of
discharge at which the member may seek necessary medical
care.
``(e) HIV-Positive Members.--A member shall be considered
to be HIV-positive for purposes of this section if there is
serologic evidence that the member is infected with the virus
known as Human Immunodeficiency Virus-1 (HIV-1), the virus
most commonly associated with the acquired immune deficiency
syndrome (AIDS) in the United States. Such serologic evidence
shall be considered to exist if there is a reactive result
given by an enzyme-linked immunosorbent assay (ELISA)
serologic test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate
samples. Any such serologic test must be one that is approved
by the Food and Drug Administration.''.
(2) The table of sections at the beginning of chapter 59 of
such title is amended by insert
[[Page 1140]]
ing after the item relating to section 1176 the following new
item:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as added by subsection (a), applies with respect
to members of the Army, Navy, Air Force, and Marine Corps
determined to be HIV-positive before, on, or after the date
of the enactment of this Act. In the case of a member of the
Army, Navy, Air Force, or Marine Corps determined to be HIV-
positive before such date, the deadline for separation of the
member under subsection (a) of such section shall be
determined from the date of the enactment of this Act (rather
than from the date of such determination), except that no
such member shall be separated by reason of such section
(without the consent of the member) before October 1, 1996.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1997 shall not be
made.
(b) Increase in Basic Pay and BAS.--Effective on January 1,
1997, the rates of basic pay and basic allowance for
subsistence of members of the uniformed services are
increased by 3 percent.
(c) Increase in BAQ.--Effective on January 1, 1997, the
rates of basic allowance for quarters of members of the
uniformed services are increased by 4.6 percent.
SEC. 602. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR
CERTAIN MEMBERS WITHOUT DEPENDENTS WHO SERVE ON
SEA DUTY.
(a) Availability of Allowance.--Section 403(c)(2) of title
37, United States Code, is amended--
(1) by striking out ``A member'' in the first sentence and
inserting in lieu thereof ``(A) Except as provided in
subparagraph (B) or (C), a member'';
(2) by striking out the second sentence; and
(3) by adding at the end the following new subparagraphs:
``(B) Under regulations prescribed by the Secretary
concerned, the Secretary may authorize the payment of a basic
allowance for quarters to a member of a uniformed service
under the jurisdiction of the Secretary when the member is
without dependents, is serving in pay grade E-5, and is
assigned to sea duty. In prescribing regulations under this
subparagraph, the Secretary concerned shall consider the
availability of quarters for members serving in pay grade E-
5.
``(C) Notwithstanding section 421 of this title, two
members of the uniformed services in a pay grade below pay
grade E-5 who are married to each other, have no other
dependents, and are simultaneously assigned to sea duty are
entitled to a single basic allowance for quarters during the
period of such simultaneous sea duty. The amount of the
allowance shall be based on the without dependents rate for
the pay grade of the senior member.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 1997.
SEC. 603. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT OF VARIABLE
HOUSING ALLOWANCE FOR HIGH HOUSING COST AREAS.
(a) Minimum Monthly Amount of Allowance.--Subsection (c) of
section 403a of title 37, United States Code, is amended by
striking out paragraph (1) and inserting in lieu thereof the
following new paragraph:
``(1) The monthly amount of a variable housing allowance
under this section for a member of a uniformed service with
respect to an area is equal to the greater of the following
amounts:
``(A) An amount equal to the difference between--
``(i) the median monthly cost of housing in that area for
members of the uniformed services serving in the same pay
grade and with the same dependency status as that member; and
``(ii) 80 percent of the median monthly cost of housing in
the United States for members of the uniformed services
serving in the same pay grade and with the same dependency
status as that member.
``(B) An amount equal to the difference between--
``(i) the adequate housing allowance floor determined by
the Secretary of Defense for all members of the uniformed
services in that area entitled to a variable housing
allowance under this section; and
``(ii) the monthly basic allowance for quarters for members
of the uniformed services serving in the same pay grade and
with the same dependency status as that member.''.
(b) Adequate Housing Allowance Floor.--Such subsection is
further amended by adding at the end the following new
paragraph:
``(7)(A) For purposes of paragraph (1)(B)(i), the Secretary
of Defense shall establish an adequate housing allowance
floor for members of the uniformed services in an area as a
selected percentage, not to exceed 85 percent, of the cost of
adequate housing in that area based on an index of housing
costs selected by the Secretary of Defense from among the
following:
``(i) The fair market rentals established annually by the
Secretary of Housing and Urban Development under section
8(c)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437f(c)(1)).
``(ii) An index developed in the private sector that the
Secretary of Defense determines is comparable to the fair
market rentals referred to in clause (i) and is appropriate
for use to determine the adequate housing allowance floor.
``(B) The Secretary of Defense shall carry out this
paragraph in consultation with the Secretary of
Transportation, the Secretary of Commerce, and the Secretary
of Health and Human Services.''.
(c) Effect on Total Amount Available for Allowance.--
Subsection (d)(3) of such section is amended in the second
sentence by striking out ``the second sentence of subsection
(c)(3)'' and inserting in lieu thereof ``paragraph (1)(B) of
subsection (c) and the second sentence of paragraph (3) of
that subsection''.
(d) Conforming Amendments.--Subsection (c) of such section
is further amended--
(1) in paragraph (3), by striking out ``this subsection''
in the first sentence and inserting lieu thereof ``paragraph
(1)(A) or the minimum amount of a variable housing allowance
under paragraph (1)(B)''; and
(2) in paragraph (5), by inserting ``or minimum amount of a
variable housing allowance'' after ``costs of housing''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 1997, except that the
Secretary of Defense may delay implementation of the
requirements imposed by the amendments to such later date as
the Secretary considers appropriate upon publication of
notice to that effect in the Federal Register.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended
by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES,
AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER
BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998,''.
(b) Special Pay for Health Care Professionals Who Serve in
the Selected Reserve in Critically Short Wartime
Specialties.--Section 302g(f) of title 37, United States
Code, is amended by striking out ``September 30, 1997'' and
inserting in lieu thereof ``September 30, 1998''.
(c) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(d) Enlistment Bonuses for Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ``September 30, 1997'' and inserting
in lieu thereof ``September 30, 1998''.
(e) Special Pay for Enlisted Members of the Selected
Reserve Assigned to Certain High Priority Units.--Section
308d(c) of title 37, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(f) Special Pay for Nuclear Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(g) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``Sep
[[Page 1141]]
tember 30, 1997'' and inserting in lieu thereof ``September
30, 1998''.
(h) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1997'' and inserting in lieu thereof ``October
1, 1998''.
(i) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking out ``October 1, 1997'' and inserting in lieu
thereof ``October 1, 1998''.
SEC. 614. SPECIAL INCENTIVES TO RECRUIT AND RETAIN DENTAL
OFFICERS.
(a) Variable, Additional, and Board Certified Special Pays
for Active Duty Dental Officers.--Section 302b(a) of title
37, United States Code is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking out ``$1,200'' and
inserting in lieu thereof ``$3,000'';
(B) in subparagraph (B), by striking out ``$2,000'' and
inserting in lieu thereof ``$7,000''; and
(C) in subparagraph (C), by striking out ``$4,000'' and
inserting in lieu thereof ``$7,000'';
(2) in paragraph (4), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) $4,000 per year, if the officer has less than three
years of creditable service.
``(B) $6,000 per year, if the officer has at least three
but less than 14 years of creditable service.
``(C) $8,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(D) $10,000 per year, if the officer has at least 18 or
more years of creditable service.''; and
(3) in paragraph (5), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) $2,500 per year, if the officer has less than 10
years of creditable service.
``(B) $3,500 per year, if the officer has at least 10 but
less than 12 years of creditable service.
``(C) $4,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(D) $5,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(E) $6,000 per year, if the officer has 18 or more years
of creditable service.''.
(b) Reserve Dental Officers Special Pay.--Section 302b of
title 37, United States Code, is amended by adding at the end
the following new subsection:
``(h) Reserve Dental Officers Special Pay.--(1) A reserve
dental officer described in paragraph (2) is entitled to
special pay at the rate of $350 a month for each month of
active duty, including active duty in the form of annual
training, active duty for training, and active duty for
special work.
``(2) A reserve dental officer referred to in paragraph (1)
is a reserve officer who--
``(A) is an officer of the Dental Corps of the Army or the
Navy or an officer of the Air Force designated as a dental
officer; and
``(B) is on active duty under a call or order to active
duty for a period of less than one year.''.
(c) Accession Bonus for Dental School Graduates Who Enter
the Armed Forces.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 302g the
following new section:
``Sec. 302h. Special pay: accession bonus for dental officers
``(a) Accession Bonus Authorized.--(1) A person who is a
graduate of an accredited dental school and who, during the
period beginning on the date of the enactment of this
section, and ending on September 30, 2002, executes a written
agreement described in subsection (c) to accept a commission
as an officer of the armed forces and remain on active duty
for a period of not less than four years may, upon the
acceptance of the agreement by the Secretary concerned, be
paid an accession bonus in an amount determined by the
Secretary concerned.
``(2) The amount of an accession bonus under paragraph (1)
may not exceed $30,000.
``(b) Limitation on Eligibility for Bonus.--A person may
not be paid a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
dentistry; or
``(2) the Secretary concerned determines that the person is
not qualified to become and remain certified and licensed as
a dentist.
``(c) Agreement.--The agreement referred to in subsection
(a) shall provide that, consistent with the needs of the
armed service concerned, the person executing the agreement
will be assigned to duty, for the period of obligated service
covered by the agreement, as an officer of the Dental Corps
of the Army or the Navy or an officer of the Air Force
designated as a dental officer.
``(d) Repayment.--(1) An officer who receives a payment
under subsection (a) and who fails to become and remain
certified or licensed as a dentist during the period for
which the payment is made shall refund to the United States
an amount equal to the full amount of such payment.
``(2) An officer who voluntarily terminates service on
active duty before the end of the period agreed to be served
under subsection (a) shall refund to the United States an
amount that bears the same ratio to the amount paid to the
officer as the unserved part of such period bears to the
total period agreed to be served.
``(3) An obligation to reimburse the United States imposed
under paragraph (1) or (2) is for all purposes a debt owed to
the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement under this section does not discharge the person
signing such agreement from a debt arising under such
agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment
of this section.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
302g the following new item:
``302h. Special pay: accession bonus for dental officers.''.
(3) Section 303a of title 37, United States Code, is
amended by striking out ``302g'' each place it appears and
inserting in lieu thereof ``302h''.
(d) Report on Additional Activities to Increase Recruitment
of Dentists.--Not later than April 1, 1997, the Secretary of
Defense shall submit to Congress a report describing the
feasibility of increasing the number of persons enrolled in
the Armed Forces Health Professions Scholarship and Financial
Assistance program who are pursuing a course of study in
dentistry in anticipation of service as an officer of the
Dental Corps of the Army or the Navy or an officer of the Air
Force designated as a dental officer.
(e) Stylistic Amendments.--Section 302b of title 37, United
States Code, is amended--
(1) in subsection (a), by inserting ``Variable, Additional,
and Board Certification Special Pay.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Active-Duty
Agreement.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Regulations.--''
after ``(c)'';
(4) in subsection (d), by inserting ``Frequency of
Payments.--'' after ``(d)'';
(5) in subsection (e), by inserting ``Refund for Period of
Unserved Obligated Service.--'' after ``(e)'';
(6) in subsection (f), by inserting ``Effect of Discharge
in Bankruptcy.--'' after ``(f)''; and
(7) in subsection (g), by inserting ``Determination of
Creditable Service.--'' after ``(g)''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. TEMPORARY LODGING EXPENSES OF MEMBER IN CONNECTION
WITH FIRST PERMANENT CHANGE OF STATION.
(a) Payment or Reimbursement Authorized.--Section 404a(a)
of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph (1);
(2) in paragraph (2), by inserting ``or'' after
``Alaska;''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) from home of record or initial technical school to
first duty station;''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on January 1, 1997.
SEC. 622. ALLOWANCE IN CONNECTION WITH SHIPPING MOTOR VEHICLE
AT GOVERNMENT EXPENSE.
(a) Allowance Authorized.--Section 406(b)(1)(B) of title
37, United States Code, is amended by adding at the end the
following: ``If clause (i)(I) applies to the transportation
by the member of a motor vehicle from the old duty station,
the monetary allowance under this subparagraph shall also
cover return travel to the old duty station by the member or
other person transporting the vehicle. In the case of
transportation described in clause (ii), the monetary
allowance shall also cover travel from the new duty station
to the port of debarkation to pick up the vehicle.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1997.
SEC. 623. DISLOCATION ALLOWANCE AT A RATE EQUAL TO TWO AND
ONE-HALF MONTHS BASIC ALLOWANCE FOR QUARTERS.
(a) Section 407(a) of title 37, United States Code, is
amended in the matter preceding the paragraphs by striking
out ``two months'' and inserting in lieu thereof ``two and
one-half months''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1997.
SEC. 624. ALLOWANCE FOR TRAVEL PERFORMED IN CONNECTION WITH
LEAVE BETWEEN CONSECUTIVE OVERSEAS TOURS.
(a) Additional Deferral.--Section 411b(a)(2) of title 37,
United States Code, is amended by adding at the end the
following: ``If the member is unable to undertake the travel
before the end of such one-year period as a result of the
participation of the member in a critical operational
mission, as determined by the Secretary concerned, the member
may defer the travel, under the regulations referred to in
paragraph (1), for a period not to exceed one year after the
date on which the member's participation in the critical
operational mission ends.''.
(b) Application of Amendment.--The amendment made by
subsection (a) shall apply to members of the uniformed
services participating, on or after November 1, 1995, in
critical operational missions designated by the Secretary of
Defense.
[[Page 1142]]
Subtitle D--Retired Pay, Survivior Benefits, and Related Matters
SEC. 631. INCREASE IN ANNUAL LIMIT ON DAYS OF INACTIVE DUTY
TRAINING CREDITABLE TOWARDS RESERVE RETIREMENT.
(a) Increase in Limit.--Section 12733(3) is amended by
inserting before the period at the end the following:
``before the year in which the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1997
occurs and not more than 75 days in any subsequent year''.
(b) Tracking System for Award of Retirement Points.--To
better enable the Secretary of Defense and Congress to assess
the cost and the effect on readiness of the amendment made by
subsection (a) and of other potential changes to the Reserve
retirement system under chapter 1223 of title 10, United
States Code, the Secretary of Defense shall require the
Secretary of each military department to implement a system
to monitor the award of retirement points for purposes of
that chapter by categories in accordance with the
recommendation set forth in the August 1988 report of the
Sixth Quadrennial Review of Military Compensation.
(c) Recommendations to Congress.--The Secretary shall
submit to Congress, not later than one year after the date of
the enactment of this Act, the recommendations of the
Secretary with regard to the adoption of the following
Reserve retirement initiatives recommended in the August 1988
report of the Sixth Quadrennial Review of Military
Compensation:
(1) Elimination of membership points under subparagraph (C)
of section 12732(a)(2) of title 10, United States Code, in
conjunction with a decrease from 50 to 35 in the number of
points required for a satisfactory year under that section.
(2) Limitation to 60 in any year on the number of points
that may be credited under subparagraph (B) of section
12732(a)(2) of such title at two points per day.
(3) Limitation to 360 in any year on the total number of
retirement points countable for purposes of section 12733 of
such title.
SEC. 632. AUTHORITY FOR RETIREMENT IN GRADE IN WHICH A MEMBER
HAS BEEN SELECTED FOR PROMOTION WHEN A PHYSICAL
DISABILITY INTERVENES.
Section 1372 of title 10, United States Code, is amended by
striking out ``his physical examination for promotion'' in
paragraphs (3) and (4) and inserting in lieu thereof ``a
physical examination''.
SEC. 633. ELIGIBILITY FOR RESERVE DISABILITY RETIREMENT FOR
RESERVES INJURED WHILE AWAY FROM HOME OVERNIGHT
FOR INACTIVE-DUTY TRAINING.
Section 1204(2) of title 10, United States Code, is amended
by inserting before the semicolon at the end the following:
``or is incurred in line of duty while remaining overnight,
between successive periods of inactive-duty training, at or
in the vicinity of the site of the inactive-duty training, if
the site is outside reasonable commuting distance from the
member's residence''.
SEC. 634. RETIREMENT OF RESERVE ENLISTED MEMBERS WHO QUALIFY
FOR ACTIVE DUTY RETIREMENT AFTER ADMINISTRATIVE
REDUCTION IN ENLISTED GRADE.
(a) Army.--(1) Chapter 369 of title 10, United States Code,
is amended by inserting after section 3962 the following new
section:
``Sec. 3963. Highest grade held satisfactorily: Reserve
enlisted members reduced in grade not as a result of the
member's misconduct
``(a) A Reserve enlisted member of the Army described in
subsection (b) who is retired under section 3914 of this
title shall be retired in the highest enlisted grade in which
the member served on active duty satisfactorily (or, in the
case of a member of the National Guard, in which the member
served on full-time duty satisfactorily), as determined by
the Secretary of the Army.
``(b) This section applies to a Reserve enlisted member
who--
``(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-
time National Guard duty) in a grade lower than the highest
enlisted grade held by the member while on active duty (or
full-time National Guard duty); and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Army.
``(c) This section applies with respect to Reserve enlisted
members who are retired under section 3914 of this title
after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3962 the following new item:
``3963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(b) Navy and Marine Corps.--(1) Chapter 571 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 6336. Highest grade held satisfactorily: Reserve
enlisted members reduced in grade not as a result of the
member's misconduct
``(a) A member of the Naval Reserve or Marine Corps Reserve
described in subsection (b) who is transferred to the Fleet
Reserve or the Fleet Marine Corps Reserve under section 6330
of this title shall be transferred in the highest enlisted
grade in which the member served on active duty
satisfactorily, as determined by the Secretary of the Navy.
``(b) This section applies to a Reserve enlisted member
who--
``(1) at the time of transfer to the Fleet Reserve or Fleet
Marine Corps Reserve is serving on active duty in a grade
lower than the highest enlisted grade held by the member
while on active duty; and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Navy.
``(c) This section applies with respect to enlisted members
of the Naval Reserve and Marine Corps Reserve who are
transferred to the Fleet Reserve or the Fleet Marine Corps
Reserve after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6336. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(c) Air Force.--(1) Chapter 869 of title 10, United States
Code, is amended by inserting after section 8962 the
following new section:
``Sec. 8963. Highest grade held satisfactorily: Reserve
enlisted members reduced in grade not as a result of the
member's misconduct
``(a) A Reserve enlisted member of the Air Force described
in subsection (b) who is retired under section 8914 of this
title shall be retired in the highest enlisted grade in which
the member served on active duty satisfactorily (or, in the
case of a member of the National Guard, in which the member
served on full-time duty satisfactorily), as determined by
the Secretary of the Air Force.
``(b) This section applies to a Reserve enlisted member
who--
``(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-
time National Guard duty) in a grade lower than the highest
enlisted grade held by the member while on active duty (or
full-time National Guard duty); and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Air Force.
``(c) This section applies with respect to Reserve enlisted
members who are retired under section 8914 of this title
after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
8962 the following new item:
``8963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(d) Computation of Retired and Retainer Pay Based Upon
Retired Grade.--(1) Section 3991 of such title is amended by
adding at the end the following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members
Covered by Section 3963.--In the case of a Reserve enlisted
member retired under section 3914 of this title whose retired
grade is determined under section 3963 of this title and who
first became a member of a uniformed service before October
1, 1980, the retired pay base of the member (notwithstanding
section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined
based upon the rates of basic pay applicable on the date of
the member's retirement), and that amount shall be used for
the purposes of subsection (a)(1)(A) rather than the amount
computed under section 1406(c) of this title.''.
(2) Section 6333 of such title is amended by adding at the
end the following new subsection:
``(c) In the case of a Reserve enlisted member whose grade
upon transfer to the Fleet Reserve or Fleet Marine Corps
Reserve is determined under section 6336 of this title and
who first became a member of a uniformed service before
October 1, 1980, the retainer pay base of the member
(notwithstanding section 1406(a)(1) of this title) is the
amount of the monthly basic pay of the grade in which the
member is so transferred (determined based upon the rates of
basic pay applicable on the date of the member's transfer),
and that amount shall be used for the purposes of the table
in subsection (a) rather than the amount computed under
section 1406(d) of this title.''.
(3) Section 8991 of such title is amended by adding at the
end the following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members
Covered by Section 8963.--In the case of a Reserve enlisted
member retired under section 8914 of this title whose retired
grade is determined under section 8963 of this title and who
first became a member of a uniformed service before October
1, 1980, the retired pay base of the member (notwithstanding
section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined
based upon the rates of basic pay applicable on the date of
the member's retirement), and that amount shall be used for
the purposes of subsection (a)(1)(A) rather than the amount
computed under section 1406(e) of this title.''.
SEC. 635. CLARIFICATION OF INITIAL COMPUTATION OF RETIREE
COLAS AFTER RETIREMENT.
(a) In General.--Section 1401a of title 10, United States
Code, is amended by striking
[[Page 1143]]
out subsections (c) and (d) and inserting in lieu thereof the
following new subsections:
``(c) First COLA Adjustment for Members With Retired Pay
Computed Using Final Basic Pay.--
``(1) First adjustment with intervening increase in basic
pay.--Notwithstanding subsection (b), if a person described
in paragraph (3) becomes entitled to retired pay based on
rates of monthly basic pay that became effective after the
last day of the calendar quarter of the base index, the
retired pay of the member or former member shall be increased
on the effective date of the next adjustment of retired pay
under subsection (b) only by the percent (adjusted to the
nearest one-tenth of 1 percent) by which--
``(A) the price index for the base quarter of that year,
exceeds
``(B) the price index for the calendar quarter immediately
before the calendar quarter in which the rates of monthly
basic pay on which the retired pay is based became effective.
``(2) First adjustment with no intervening increase in
basic pay.--If a person described in paragraph (3) becomes
entitled to retired pay on or after the effective date of an
adjustment in retired pay under subsection (b) but before the
effective date of the next increase in the rates of monthly
basic pay, the retired pay of the member or former member
shall be increased, effective on the date the member becomes
entitled to that pay, by the percent (adjusted to the nearest
one-tenth of 1 percent) by which--
``(A) the base index, exceeds
``(B) the price index for the calendar quarter immediately
before the calendar quarter in which the rates of monthly
basic pay on which the retired pay is based became effective.
``(3) Members covered.--Paragraphs (1) and (2) apply to a
member or former member of an armed force who first became a
member of a uniformed service before August 1, 1986, and
whose retired pay base is determined under section 1406 of
this title.
``(d) First COLA Adjustment for Members With Retired Pay
Computed Using High-Three.--Notwithstanding subsection (b),
the retired pay of a member or former member of an armed
force who first became a member of a uniformed service before
August 1, 1986, and whose retired pay base is determined
under section 1407 of this title shall be increased on the
effective date of the first adjustment of retired pay under
subsection (b) after the member or former member becomes
entitled to retired pay by the percent (adjusted to the
nearest one-tenth of 1 percent) equal to the difference
between the percent by which--
``(1) the price index for the base quarter of that year,
exceeds
``(2) the price index for the calendar quarter immediately
before the calendar quarter during which the member became
entitled to retired pay.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply only to adjustments of retired and retainer pay
effective after the date of the enactment of this Act.
SEC. 636. TECHNICAL CORRECTION TO PRIOR AUTHORITY FOR PAYMENT
OF BACK PAY TO CERTAIN PERSONS.
Section 634 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 366) is
amended--
(1) in subsection (b)(1), by striking out ``Island of
Bataan'' and inserting in lieu thereof ``peninsula of Bataan
or island of Corregidor''; and
(2) in subsection (c), by inserting after the first
sentence the following: ``For the purposes of this
subsection, the Secretary of War shall be deemed to have
determined that conditions in the Philippines during the
specified period justified payment under applicable
regulations of quarters and subsistence allowances at the
maximum special rate for duty where emergency conditions
existed.''.
SEC. 637. AMENDMENTS TO THE UNIFORMED SERVICES FORMER
SPOUSES' PROTECTION ACT.
(a) Manner of Service of Process.--Subsection (b)(1)(A) of
section 1408 of title 10, United States Code, is amended by
striking out ``certified or registered mail, return receipt
requested'' and inserting in lieu thereof ``facsimile or
electronic transmission or by mail''.
(b) Subsequent Court Order From Another State.--Subsection
(d) of such section is amended by adding at the end the
following new paragraph:
``(6)(A) The Secretary concerned may not accept service of
a court order that is an out-of State modification, or comply
with the provisions of such a court order, unless the court
issuing that order has jurisdiction in the manner specified
in subsection (c)(4) over both the member and the spouse or
former spouse involved.
``(B) A court order shall be considered to be an out-of-
State modification for purposes of this paragraph if the
order--
``(i) modifies a previous court order under this section
upon which payments under this subsection are based; and
``(ii) is issued by a court of a State other than the State
of the court that issued the previous court order.''.
SEC. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM
INCOME WIDOWS.
(a) Payments To Be Made by Secretary of Veterans Affairs.--
Section 4 of Public Law 92-425 (10 U.S.C. 1448 note) is
amended by adding at the end the following new subsection:
``(e)(1) Payment of annuities under this section shall be
made by the Secretary of Veterans Affairs. If appropriate for
administrative convenience (or otherwise determined
appropriate by the Secretary of Veterans Affairs), that
Secretary may combine a payment to any person for any month
under this section with any other payment for that month
under laws administered by the Secretary so as to provide
that person with a single payment for that month.
``(2) The Secretary concerned shall annually transfer to
the Secretary of Veterans Affairs such amounts as may be
necessary for payments by the Secretary of Veterans Affairs
under this section and for costs of the Secretary of Veterans
Affairs in administering this section. Such transfers shall
be made from amounts that would otherwise be used for payment
of annuities by the Secretary concerned under this section.
The authority to make such a transfer is in addition to any
other authority of the Secretary concerned to transfer funds
for a purpose other than the purpose for which the funds were
originally made available. In the case of a transfer by the
Secretary of a military department, the provisions of section
2215 of this title do not apply.
``(3) The Secretary concerned shall promptly notify the
Secretary of Veterans Affairs of any change in beneficiaries
under this section.''.
(b) Effective Date.--Subsection (e) of section 4 of Public
Law 92-425, as added by subsection (a), shall apply with
respect to payments of benefits for any month after June
1997.
SEC. 639. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR BENEFIT PLAN
STATUTE.
Subchapter II of chapter 73 of title 10, United States
Code, is amended to read as follows:
``SUBCHAPTER II--SURVIVOR BENEFIT PLAN
``Sec.
``1447. Definitions.
``1448. Application of Plan.
``1449. Mental incompetency of member.
``1450. Payment of annuity: beneficiaries.
``1451. Amount of annuity.
``1452. Reduction in retired pay.
``1453. Recovery of amounts erroneously paid.
``1454. Correction of administrative errors.
``1455. Regulations.
``Sec. 1447. Definitions
``In this subchapter:
``(1) Plan.--The term `Plan' means the Survivor Benefit
Plan established by this subchapter.
``(2) Standard annuity.--The term `standard annuity' means
an annuity provided by virtue of eligibility under section
1448(a)(1)(A) of this title.
``(3) Reserve-component annuity.--The term `reserve-
component annuity' means an annuity provided by virtue of
eligibility under section 1448(a)(1)(B) of this title.
``(4) Retired pay.--The term `retired pay' includes
retainer pay paid under section 6330 of this title.
``(5) Reserve-component retired pay.--The term `reserve-
component retired pay' means retired pay under chapter 1223
of this title (or under chapter 67 of this title as in effect
before the effective date of the Reserve Officer Personnel
Management Act).
``(6) Base amount.--The term `base amount' means the
following:
``(A) Full amount under standard annuity.--In the case of a
person who dies after becoming entitled to retired pay, such
term means the amount of monthly retired pay (determined
without regard to any reduction under section 1409(b)(2) of
this title) to which the person--
``(i) was entitled when he became eligible for that pay; or
``(ii) later became entitled by being advanced on the
retired list, performing active duty, or being transferred
from the temporary disability retired list to the permanent
disability retired list.
``(B) Full amount under reserve-component annuity.--In the
case of a person who would have become eligible for reserve-
component retired pay but for the fact that he died before
becoming 60 years of age, such term means the amount of
monthly retired pay for which the person would have been
eligible--
``(i) if he had been 60 years of age on the date of his
death, for purposes of an annuity to become effective on the
day after his death in accordance with a designation made
under section 1448(e) of this title.
``(ii) upon becoming 60 years of age (if he had lived to
that age), for purposes of an annuity to become effective on
the 60th anniversary of his birth in accordance with a
designation made under section 1448(e) of this title.
``(C) Reduced amount.--Such term means any amount less than
the amount otherwise applicable under subparagraph (A) or (B)
with respect to an annuity provided under the Plan but which
is not less than $300 and which is designated by the person
(with the concurrence of the person's spouse, if required
under section 1448(a)(3) of this title) providing the annuity
on or before--
``(i) the first day for which he becomes eligible for
retired pay, in the case of a person providing a standard
annuity, or
``(ii) the end of the 90-day period beginning on the date
on which he receives the notification required by section
12731(d) of this title that he has completed the years of
service required for eligibility for reserve-component
retired pay, in the case of a person providing a reserve-
component annuity.
``(7) Widow.--The term `widow' means the surviving wife of
a person who, if not mar
[[Page 1144]]
ried to the person at the time he became eligible for retired
pay--
``(A) was married to the person for at least one year
immediately before the person's death; or
``(B) is the mother of issue by that marriage.
``(8) Widower.--The term `widower' means the surviving
husband of a person who, if not married to the person at the
time she became eligible for retired pay--
``(A) was married to her for at least one year immediately
before her death; or
``(B) is the father of issue by that marriage.
``(9) Surviving spouse.--The term `surviving spouse' means
a widow or widower.
``(10) Former spouse.--The term `former spouse' means the
surviving former husband or wife of a person who is eligible
to participate in the Plan.
``(11) Dependent child.--
``(A) In general.--The term `dependent child' means a
person who--
``(i) is unmarried;
``(ii) is (I) under 18 years of age, (II) at least 18, but
under 22, years of age and pursuing a full-time course of
study or training in a high school, trade school, technical
or vocational institute, junior college, college, university,
or comparable recognized educational institution, or (III)
incapable of self support because of a mental or physical
incapacity existing before the person's eighteenth birthday
or incurred on or after that birthday, but before the
person's twenty-second birthday, while pursuing such a full-
time course of study or training; and
``(iii) is the child of a person to whom the Plan applies,
including (I) an adopted child, and (II) a stepchild, foster
child, or recognized natural child who lived with that person
in a regular parent-child relationship.
``(B) Special rules for college students.--For the purpose
of subparagraph (A), a child whose twenty-second birthday
occurs before July 1 or after August 31 of a calendar year,
and while regularly pursuing such a course of study or
training, is considered to have become 22 years of age on the
first day of July after that birthday. A child who is a
student is considered not to have ceased to be a student
during an interim between school years if the interim is not
more than 150 days and if the child shows to the satisfaction
of the Secretary of Defense that the child has a bona fide
intention of continuing to pursue a course of study or
training in the same or a different school during the school
semester (or other period into which the school year is
divided) immediately after the interim.
``(C) Foster children.--A foster child, to qualify under
this paragraph as the dependent child of a person to whom the
Plan applies, must, at the time of the death of that person,
also reside with, and receive over one-half of his support
from, that person, and not be cared for under a social agency
contract. The temporary absence of a foster child from the
residence of that person, while a student as described in
this paragraph, shall not be considered to affect the
residence of such a foster child.
``(12) Court.--The term `court' has the meaning given that
term by section 1408(a)(1) of this title.
``(13) Court order.--
``(A) In general.--The term `court order' means a court's
final decree of divorce, dissolution, or annulment or a court
ordered, ratified, or approved property settlement incident
to such a decree (including a final decree modifying the
terms of a previously issued decree of divorce, dissolution,
annulment, or legal separation, or of a court ordered,
ratified, or approved property settlement agreement incident
to such previously issued decree).
``(B) Final decree.--The term `final decree' means a decree
from which no appeal may be taken or from which no appeal has
been taken within the time allowed for the taking of such
appeals under the laws applicable to such appeals, or a
decree from which timely appeal has been taken and such
appeal has been finally decided under the laws applicable to
such appeals.
``(C) Regular on its face.--The term `regular on its face',
when used in connection with a court order, means a court
order that meets the conditions prescribed in section
1408(b)(2) of this title.
``Sec. 1448. Application of plan
``(a) General Rules for Participation in the Plan.--
``(1) Name of plan; eligible participants.--The program
established by this subchapter shall be known as the Survivor
Benefit Plan. The following persons are eligible to
participate in the Plan:
``(A) Persons entitled to retired pay.
``(B) Persons who would be eligible for reserve-component
retired pay but for the fact that they are under 60 years of
age.
``(2) Participants in the plan.--The Plan applies to the
following persons, who shall be participants in the Plan:
``(A) Standard annuity participants.--A person who is
eligible to participate in the Plan under paragraph (1)(A)
and who is married or has a dependent child when he becomes
entitled to retired pay, unless he elects (with his spouse's
concurrence, if required under paragraph (3)) not to
participate in the Plan before the first day for which he is
eligible for that pay.
``(B) Reserve-component annuity participants.--A person who
(i) is eligible to participate in the Plan under paragraph
(1)(B), (ii) is married or has a dependent child when he is
notified under section 12731(d) of this title that he has
completed the years of service required for eligibility for
reserve-component retired pay, and (iii) elects to
participate in the Plan (and makes a designation under
subsection (e)) before the end of the 90-day period beginning
on the date he receives such notification.
A person described in clauses (i) and (ii) of subparagraph
(B) who does not elect to participate in the Plan before the
end of the 90-day period referred to in that clause remains
eligible, upon reaching 60 years of age and otherwise
becoming entitled to retired pay, to participate in the Plan
in accordance with eligibility under paragraph (1)(A).
``(3) Elections.--
``(A) Spousal consent for certain elections respecting
standard annuity.--A married person who is eligible to
provide a standard annuity may not without the concurrence of
the person's spouse elect--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's spouse at
less than the maximum level; or
``(iii) to provide an annuity for a dependent child but not
for the person's spouse.
``(B) Spousal consent for certain elections respecting
reserve-component annuity.--A married person who elects to
provide a reserve-component annuity may not without the
concurrence of the person's spouse elect--
``(i) to provide an annuity for the person's spouse at less
than the maximum level; or
``(ii) to provide an annuity for a dependent child but not
for the person's spouse.
``(C) Exception when spouse unavailable.--A person may make
an election described in subparagraph (A) or (B) without the
concurrence of the person's spouse if the person establishes
to the satisfaction of the Secretary concerned--
``(i) that the spouse's whereabouts cannot be determined;
or
``(ii) that, due to exceptional circumstances, requiring
the person to seek the spouse's consent would otherwise be
inappropriate.
``(D) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity for a former spouse
(or for a former spouse and dependent child) under subsection
(b)(2).
``(E) Notice to spouse of election to provide former spouse
annuity.--If a married person who is eligible to provide a
standard annuity elects to provide an annuity for a former
spouse (or for a former spouse and dependent child) under
subsection (b)(2), that person's spouse shall be notified of
that election.
``(4) Irrevocability of elections.--
``(A) Standard annuity.--An election under paragraph (2)(A)
not to participate in the Plan is irrevocable if not revoked
before the date on which the person first becomes entitled to
retired pay.
``(B) Reserve-component annuity.--An election under
paragraph (2)(B) to participate in the Plan is irrevocable if
not revoked before the end of the 90-day period referred to
in that paragraph.
``(5) Participation by person marrying after retirement,
etc.--
``(A) Election to participate in plan.--A person who is not
married and has no dependent child upon becoming eligible to
participate in the Plan but who later marries or acquires a
dependent child may elect to participate in the Plan.
``(B) Manner and time of election.--Such an election must
be written, signed by the person making the election, and
received by the Secretary concerned within one year after the
date on which that person marries or acquires that dependent
child.
``(C) Limitation on revocation of election.--Such an
election may not be revoked except in accordance with
subsection (b)(3).
``(D) Effective date of election.--The election is
effective as of the first day of the first calendar month
following the month in which the election is received by the
Secretary concerned.
``(E) Designation if rcsbp election.--In the case of a
person providing a reserve-component annuity, such an
election shall include a designation under subsection (e).
``(6) Election out of plan by person with spouse coverage
who remarries.--
``(A) General rule.--A person--
``(i) who is a participant in the Plan and is providing
coverage under the Plan for a spouse (or a spouse and child);
``(ii) who does not have an eligible spouse beneficiary
under the Plan; and
``(iii) who remarries,
may elect not to provide coverage under the Plan for the
person's spouse.
``(B) Effect of election on retired pay.--If such an
election is made, reductions in the retired pay of that
person under section 1452 of this title shall not be made.
``(C) Terms and conditions of election.--An election under
this paragraph--
``(i) is irrevocable;
``(ii) shall be made within one year after the person's
remarriage; and
``(iii) shall be made in such form and manner as may be
prescribed in regulations under section 1455 of this title.
``(D) Notice to spouse.--If a person makes an election
under this paragraph--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's spouse at
less than the maximum level; or
``(iii) to provide an annuity for a dependent child but not
for the person's spouse,
the person's spouse shall be notified of that election.
``(E) Construction with former spouse election
provisions.--This paragraph does
[[Page 1145]]
not affect any right or obligation to elect to provide an
annuity to a former spouse under subsection (b).
``(b) Insurable Interest and Former Spouse Coverage.--
``(1) Coverage for person with insurable interest.--
``(A) General rule.--A person who is not married and does
not have a dependent child upon becoming eligible to
participate in the Plan may elect to provide an annuity under
the Plan to a natural person with an insurable interest in
that person. In the case of a person providing a reserve-
component annuity, such an election shall include a
designation under subsection (e).
``(B) Termination of coverage.--An election under
subparagraph (A) for a beneficiary who is not the former
spouse of the person providing the annuity may be terminated.
Any such termination shall be made by a participant by the
submission to the Secretary concerned of a request to
discontinue participation in the Plan, and such participation
in the Plan shall be discontinued effective on the first day
of the first month following the month in which the request
is received by the Secretary concerned. Effective on such
date, the Secretary concerned shall discontinue the reduction
being made in such person's retired pay on account of
participation in the Plan or, in the case of a person who has
been required to make deposits in the Treasury on account of
participation in the Plan, such person may discontinue making
such deposits effective on such date.
``(C) Form for discontinuation.--A request under
subparagraph (B) to discontinue participation in the Plan
shall be in such form and shall contain such information as
may be required under regulations prescribed by the Secretary
of Defense.
``(D) Withdrawal of request for discontinuation.--The
Secretary concerned shall furnish promptly to each person who
submits a request under subparagraph (B) to discontinue
participation in the Plan a written statement of the
advantages and disadvantages of participating in the Plan and
the possible disadvantages of discontinuing participation. A
person may withdraw the request to discontinue participation
if withdrawn within 30 days after having been submitted to
the Secretary concerned.
``(E) Consequences of discontinuation.--Once participation
is discontinued, benefits may not be paid in conjunction with
the earlier participation in the Plan and premiums paid may
not be refunded. Participation in the Plan may not later be
resumed except through a qualified election under paragraph
(5) of subsection (a).
``(2) Former spouse coverage upon becoming a participant in
the plan.--
``(A) General rule.--A person who has a former spouse upon
becoming eligible to participate in the Plan may elect to
provide an annuity to that former spouse.
``(B) Effect of former spouse election on spouse or
dependent child.--In the case of a person with a spouse or a
dependent child, such an election prevents payment of an
annuity to that spouse or child (other than a child who is a
beneficiary under an election under paragraph (4)), including
payment under subsection (d).
``(C) Designation if more than one former spouse.--If there
is more than one former spouse, the person shall designate
which former spouse is to be provided the annuity.
``(D) Designation if rcsbp election.--In the case of a
person providing a reserve-component annuity, such an
election shall include a designation under subsection (e).
``(3) Former spouse coverage by persons already
participating in plan.--
``(A) Election of coverage.--
``(i) Authority for election.--A person--
``(I) who is a participant in the Plan and is providing
coverage for a spouse or a spouse and child (even though
there is no beneficiary currently eligible for such
coverage), and
``(II) who has a former spouse who was not that person's
former spouse when that person became eligible to participate
in the Plan,
may (subject to subparagraph (B)) elect to provide an annuity
to that former spouse.
``(ii) Termination of previous coverage.--Any such election
terminates any previous coverage under the Plan.
``(iii) Manner and time of election.--Any such election
must be written, signed by the person making the election,
and received by the Secretary concerned within one year after
the date of the decree of divorce, dissolution, or annulment.
``(B) Limitation on election.--A person may not make an
election under subparagraph (A) to provide an annuity to a
former spouse who that person married after becoming eligible
for retired pay unless--
``(i) the person was married to that former spouse for at
least one year, or
``(ii) that former spouse is the parent of issue by that
marriage.
``(C) Irrevocability, effective date, etc.--An election
under this paragraph may not be revoked except in accordance
with section 1450(f) of this title. Such an election is
effective as of the first day of the first calendar month
following the month in which it is received by the Secretary
concerned. This paragraph does not provide the authority to
change a designation previously made under subsection (e).
``(D) Notice to spouse.--If a person who is married makes
an election to provide an annuity to a former spouse under
this paragraph, that person's spouse shall be notified of the
election.
``(4) Former spouse and child coverage.--A person who
elects to provide an annuity for a former spouse under
paragraph (2) or (3) may, at the time of the election, elect
to provide coverage under that annuity for both the former
spouse and a dependent child, if the child resulted from the
person's marriage to that former spouse.
``(5) Disclosure of whether election of former spouse
coverage is required.--A person who elects to provide an
annuity to a former spouse under paragraph (2) or (3) shall,
at the time of making the election, provide the Secretary
concerned with a written statement (in a form to be
prescribed by that Secretary and signed by such person and
the former spouse) setting forth--
``(A) whether the election is being made pursuant to the
requirements of a court order; or
``(B) whether the election is being made pursuant to a
written agreement previously entered into voluntarily by such
person as a part of, or incident to, a proceeding of divorce,
dissolution, or annulment and (if so) whether such voluntary
written agreement has been incorporated in, or ratified or
approved by, a court order.
``(c) Persons on Temporary Disability Retired List.--The
application of the Plan to a person whose name is on the
temporary disability retired list terminates when his name is
removed from that list and he is no longer entitled to
disability retired pay.
``(d) Coverage for Survivors of Retirement-Eligible Members
Who Die on Active Duty.--
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a member who dies on active duty after--
``(A) becoming eligible to receive retired pay;
``(B) qualifying for retired pay except that he has not
applied for or been granted that pay; or
``(C) completing 20 years of active service but before he
is eligible to retire as a commissioned officer because he
has not completed 10 years of active commissioned service.
``(2) Dependent child annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the dependent
child of a member described in paragraph (1) if there is no
surviving spouse or if the member's surviving spouse
subsequently dies.
``(3) Mandatory former spouse annuity.--If a member
described in paragraph (1) is required under a court order or
spousal agreement to provide an annuity to a former spouse
upon becoming eligible to be a participant in the Plan or has
made an election under subsection (b) to provide an annuity
to a former spouse, the Secretary--
``(A) may not pay an annuity under paragraph (1) or (2);
but
``(B) shall pay an annuity to that former spouse as if the
member had been a participant in the Plan and had made an
election under subsection (b) to provide an annuity to the
former spouse, or in accordance with that election, as the
case may be, if the Secretary receives a written request from
the former spouse concerned that the election be deemed to
have been made in the same manner as provided in section
1450(f)(3) of this title.
``(4) Priority.--An annuity that may be provided under this
subsection shall be provided in preference to an annuity that
may be provided under any other provision of this subchapter
on account of service of the same member.
``(5) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(e) Designation for Commencement of Reserve-Component
Annuity.--In any case in which a person electing to
participate in the Plan is required to make a designation
under this subsection, the person making such election shall
designate whether, in the event he dies before becoming 60
years of age, the annuity provided shall become effective
on--
``(1) the day after the date of his death; or
``(2) the 60th anniversary of his birth.
``(f) Coverage of Survivors of Persons Dying When Eligible
To Elect Reserve-Component Annuity.--
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a person who is eligible to provide a reserve-
component annuity and who dies--
``(A) before being notified under section 12731(d) of this
title that he has completed the years of service required for
eligibility for reserve-component retired pay; or
``(B) during the 90-day period beginning on the date he
receives notification under section 12731(d) of this title
that he has completed the years of service required for
eligibility for reserve-component retired pay if he had not
made an election under subsection (a)(2)(B) to participate in
the Plan.
``(2) Dependent child annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the dependent
child of a person described in paragraph (1) if there is no
surviving spouse or if the person's surviving spouse
subsequently dies.
``(3) Mandatory former spouse annuity.--If a person
described in paragraph (1) is required under a court order or
spousal agreement to provide an annuity to a former spouse
upon becoming eligible to be a participant in the Plan or has
made an election under subsection (b) to provide an annuity
to a former spouse, the Secretary--
[[Page 1146]]
``(A) may not pay an annuity under paragraph (1) or (2);
but
``(B) shall pay an annuity to that former spouse as if the
person had been a participant in the Plan and had made an
election under subsection (b) to provide an annuity to the
former spouse, or in accordance with that election, as the
case may be, if the Secretary receives a written request from
the former spouse concerned that the election be deemed to
have been made in the same manner as provided in section
1450(f)(3) of this title.
``(4) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(g) Election To Increase Coverage Upon Remarriage.--
``(1) Election.--A person--
``(A) who is a participant in the Plan and is providing
coverage under subsection (a) for a spouse or a spouse and
child, but at less than the maximum level; and
``(B) who remarries,
may elect, within one year of such remarriage, to increase
the level of coverage provided under the Plan to a level not
in excess of the current retired pay of that person.
``(2) Payment required.--Such an election shall be
contingent on the person paying to the United States the
amount determined under paragraph (3) plus interest on such
amount at a rate determined under regulations prescribed by
the Secretary of Defense.
``(3) Amount to be paid.--The amount referred to in
paragraph (2) is the amount equal to the difference between--
``(A) the amount that would have been withheld from such
person's retired pay under section 1452 of this title if the
higher level of coverage had been in effect from the time the
person became a participant in the Plan; and
``(B) the amount of such person's retired pay actually
withheld.
``(4) Manner of making election.--An election under
paragraph (1) shall be made in such manner as the Secretary
shall prescribe and shall become effective upon receipt of
the payment required by paragraph (2).
``(5) Disposition of payments.--A payment received under
this subsection by the Secretary of Defense shall be
deposited into the Department of Defense Military Retirement
Fund. Any other payment received under this subsection shall
be deposited in the Treasury as miscellaneous receipts.
``Sec. 1449. Mental incompetency of member
``(a) Election by Secretary Concerned on Behalf of Mentally
Incompetent Member.--If a person to whom section 1448 of this
title applies is determined to be mentally incompetent by
medical officers of the armed force concerned or of the
Department of Veterans Affairs, or by a court of competent
jurisdiction, an election described in subsection (a)(2) or
(b) of section 1448 of this title may be made on behalf of
that person by the Secretary concerned.
``(b) Revocation of Election by Member.--
``(1) Authority upon subsequent determination of mental
competence.--If a person for whom the Secretary has made an
election under subsection (a) is later determined to be
mentally competent by an authority named in that subsection,
that person may, within 180 days after that determination,
revoke that election.
``(2) Deductions from retired pay not to be refunded.--Any
deduction made from retired pay by reason of such an election
may not be refunded.
``Sec. 1450. Payment of annuity: beneficiaries
``(a) In General.--Effective as of the first day after the
death of a person to whom section 1448 of this title applies
(or on such other day as that person may provide under
subsection (j)), a monthly annuity under section 1451 of this
title shall be paid to the person's beneficiaries under the
Plan, as follows:
``(1) Surviving spouse or former spouse.--The eligible
surviving spouse or the eligible former spouse.
``(2) Surviving children.--The surviving dependent children
in equal shares, if the eligible surviving spouse or the
eligible former spouse is dead, dies, or otherwise becomes
ineligible under this section.
``(3) Dependent children.--The dependent children in equal
shares if the person to whom section 1448 of this title
applies (with the concurrence of the person's spouse, if
required under section 1448(a)(3) of this title) elected to
provide an annuity for dependent children but not for the
spouse or former spouse.
``(4) Natural person designated under `insurable interest'
coverage.--The natural person designated under section
1448(b)(1) of this title, unless the election to provide an
annuity to the natural person has been changed as provided in
subsection (f).
``(b) Termination of Annuity for Death, Remarriage Before
Age 55, Etc.--
``(1) General rule.--An annuity payable to the beneficiary
terminates effective as of the first day of the month in
which eligibility is lost.
``(2) Termination of spouse annuity upon death or
remarriage before age 55.--An annuity for a surviving spouse
or former spouse shall be paid to the surviving spouse or
former spouse while the surviving spouse or former spouse is
living or, if the surviving spouse or former spouse remarries
before reaching age 55, until the surviving spouse or former
spouse remarries.
``(3) Effect of termination of subsequent marriage before
age 55.--If the surviving spouse or former spouse remarries
before reaching age 55 and that marriage is terminated by
death, annulment, or divorce, payment of the annuity shall be
resumed effective as of the first day of the month in which
the marriage is so terminated. However, if the surviving
spouse or former spouse is also entitled to an annuity under
the Plan based upon the marriage so terminated, the surviving
spouse or former spouse may not receive both annuities but
must elect which to receive.
``(c) Offset for Amount of Dependency and Indemnity
Compensation.--
``(1) Required offset.--If, upon the death of a person to
whom section 1448 of this title applies, the surviving spouse
or former spouse of that person is also entitled to
dependency and indemnity compensation under section 1311(a)
of title 38, the surviving spouse or former spouse may be
paid an annuity under this section, but only in the amount
that the annuity otherwise payable under this section would
exceed that compensation.
``(2) Effective date of offset.--A reduction in an annuity
under this section required by paragraph (1) shall be
effective on the date of the commencement of the period of
payment of such dependency and indemnity compensation under
title 38.
``(d) Limitation on Payment of Annuities When Coverage
Under Civil Service Retirement Elected.--If, upon the death
of a person to whom section 1448 of this title applies, that
person had in effect a waiver of that person's retired pay
for the purposes of subchapter III of chapter 83 of title 5,
an annuity under this section shall not be payable unless, in
accordance with section 8339(j) of title 5, that person
notified the Office of Personnel Management that he did not
desire any spouse surviving him to receive an annuity under
section 8341(b) of that title.
``(e) Refund of Amounts Deducted From Retired Pay When DIC
Offset Is Applicable.--
``(1) Full refund when dic greater than sbp annuity.--If an
annuity under this section is not payable because of
subsection (c), any amount deducted from the retired pay of
the deceased under section 1452 of this title shall be
refunded to the surviving spouse or former spouse.
``(2) Partial refund when sbp annuity reduced by dic.--If,
because of subsection (c), the annuity payable is less than
the amount established under section 1451 of this title, the
annuity payable shall be recalculated under that section. The
amount of the reduction in the retired pay required to
provide that recalculated annuity shall be computed under
section 1452 of this title, and the difference between the
amount deducted before the computation of that recalculated
annuity and the amount that would have been deducted on the
basis of that recalculated annuity shall be refunded to the
surviving spouse or former spouse.
``(f) Change in Election of Insurable Interest or Former
Spouse Beneficiary.--
``(1) Authorized changes.--
``(A) Election in favor of spouse or child.--A person who
elects to provide an annuity to a person designated by him
under section 1448(b) of this title may, subject to paragraph
(2), change that election and provide an annuity to his
spouse or dependent child.
``(B) Notice.--The Secretary concerned shall notify the
former spouse or other natural person previously designated
under section 1448(b) of this title of any change of election
under subparagraph (A).
``(C) Procedures, effective date, etc.--Any such change of
election is subject to the same rules with respect to
execution, revocation, and effectiveness as are set forth in
section 1448(a)(5) of this title (without regard to the
eligibility of the person making the change of election to
make such an election under that section).
``(2) Limitation on change in beneficiary when former
spouse coverage in effect.--A person who, incident to a
proceeding of divorce, dissolution, or annulment, is required
by a court order to elect under section 1448(b) of this title
to provide an annuity to a former spouse (or to both a former
spouse and child), or who enters into a written agreement
(whether voluntary or required by a court order) to make such
an election, and who makes an election pursuant to such order
or agreement, may not change that election under paragraph
(1) unless, of the following requirements, whichever are
applicable in a particular case are satisfied:
``(A) In a case in which the election is required by a
court order, or in which an agreement to make the election
has been incorporated in or ratified or approved by a court
order, the person--
``(i) furnishes to the Secretary concerned a certified copy
of a court order which is regular on its face and which
modifies the provisions of all previous court orders relating
to such election, or the agreement to make such election, so
as to permit the person to change the election; and
``(ii) certifies to the Secretary concerned that the court
order is valid and in effect.
``(B) In a case of a written agreement that has not been
incorporated in or ratified or approved by a court order, the
person--
``(i) furnishes to the Secretary concerned a statement, in
such form as the Secretary concerned may prescribe, signed by
the former spouse and evidencing the former spouse's
agreement to a change in the election under paragraph (1);
and
``(ii) certifies to the Secretary concerned that the
statement is current and in effect.
[[Page 1147]]
``(3) Required former spouse election to be deemed to have
been made.--
``(A) Deemed election upon request by former spouse.--If a
person described in paragraph (2) or (3) of section 1448(b)
of this title is required (as described in subparagraph (B))
to elect under section 1448(b) of this title to provide an
annuity to a former spouse and such person then fails or
refuses to make such an election, such person shall be deemed
to have made such an election if the Secretary concerned
receives the following:
``(i) Request from former spouse.--A written request, in
such manner as the Secretary shall prescribe, from the former
spouse concerned requesting that such an election be deemed
to have been made.
``(ii) Copy of court order or other official statement.--
Either--
``(I) a copy of the court order, regular on its face, which
requires such election or incorporates, ratifies, or approves
the written agreement of such person; or
``(II) a statement from the clerk of the court (or other
appropriate official) that such agreement has been filed with
the court in accordance with applicable State law.
``(B) Persons required to make election.--A person shall be
considered for purposes of subparagraph (A) to be required to
elect under section 1448(b) of this title to provide an
annuity to a former spouse if--
``(i) the person enters, incident to a proceeding of
divorce, dissolution, or annulment, into a written agreement
to make such an election and the agreement (I) has been
incorporated in or ratified or approved by a court order, or
(II) has been filed with the court of appropriate
jurisdiction in accordance with applicable State law; or
``(ii) the person is required by a court order to make such
an election.
``(C) Time limit for request by former spouse.--An election
may not be deemed to have been made under subparagraph (A) in
the case of any person unless the Secretary concerned
receives a request from the former spouse of the person
within one year of the date of the court order or filing
involved.
``(D) Effective date of deemed election.--An election
deemed to have been made under subparagraph (A) shall become
effective on the first day of the first month which begins
after the date of the court order or filing involved.
``(4) Former spouse coverage may be required by court
order.--A court order may require a person to elect (or to
enter into an agreement to elect) under section 1448(b) of
this title to provide an annuity to a former spouse (or to
both a former spouse and child).
``(g) Limitation on Changing or Revoking Elections.--
``(1) In general.--An election under this section may not
be changed or revoked.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) a revocation of an election under section 1449(b) of
this title; or
``(B) a change in an election under subsection (f).
``(h) Treatment of Annuities Under Other Laws.--Except as
provided in section 1451 of this title, an annuity under this
section is in addition to any other payment to which a person
is entitled under any other provision of law. Such annuity
shall be considered as income under laws administered by the
Secretary of Veterans Affairs.
``(i) Annuities Exempt From Certain Legal Process.--Except
as provided in subsection (l)(3)(B), an annuity under this
section is not assignable or subject to execution, levy,
attachment, garnishment, or other legal process.
``(j) Effective Date of Reserve-Component Annuities.--
``(1) Persons making section 1448(e) designation.--An
annuity elected by a person providing a reserve-component
annuity shall be effective in accordance with the designation
made by such person under section 1448(e) of this title.
``(2) Persons dying before making section 1448(e)
designation.--An annuity payable under section 1448(f) of
this title shall be effective on the day after the date of
the death of the person upon whose service the right to the
annuity is based.
``(k) Adjustment of Spouse or Former Spouse Annuity Upon
Loss of Dependency and Indemnity Compensation.--
``(1) Readjustment if beneficiary 55 years of age or
more.--If a surviving spouse or former spouse whose annuity
has been adjusted under subsection (c) subsequently loses
entitlement to dependency and indemnity compensation under
section 1311(a) of title 38 because of the remarriage of the
surviving spouse, or former spouse, and if at the time of
such remarriage the surviving spouse or former spouse is 55
years of age or more, the amount of the annuity of the
surviving spouse or former spouse shall be readjusted,
effective on the effective date of such loss of dependency
and indemnity compensation, to the amount of the annuity
which would be in effect with respect to the surviving spouse
or former spouse if the adjustment under subsection (c) had
never been made.
``(2) Repayment of amounts previously refunded.--
``(A) General rule.--A surviving spouse or former spouse
whose annuity is readjusted under paragraph (1) shall repay
any amount refunded under subsection (e) by reason of the
adjustment under subsection (c).
``(B) Interest required if repayment not a lump sum.--If
the repayment is not made in a lump sum, the surviving spouse
or former spouse shall pay interest on the amount to be
repaid. Such interest shall commence on the date on which the
first such payment is due and shall be applied over the
period during which any part of the repayment remains to be
paid.
``(C) Manner of repayment; rate of interest.--The manner in
which such repayment shall be made, and the rate of any such
interest, shall be prescribed in regulations under section
1455 of this title.
``(D) Deposit of amounts repaid.--An amount repaid under
this paragraph (including any such interest) received by the
Secretary of Defense shall be deposited into the Department
of Defense Military Retirement Fund. Any other amount repaid
under this paragraph shall be deposited into the Treasury as
miscellaneous receipts.
``(l) Participants in the Plan Who Are Missing.--
``(1) Authority to presume death of missing participant.--
``(A) In general.--Upon application of the beneficiary of a
participant in the Plan who is missing, the Secretary
concerned may determine for purposes of this subchapter that
the participant is presumed dead.
``(B) Participant who is missing.--A participant in the
Plan is considered to be missing for purposes of this
subsection if--
``(i) the retired pay of the participant has been suspended
on the basis that the participant is missing; or
``(ii) in the case of a participant in the Plan who would
be eligible for reserve-component retired pay but for the
fact that he is under 60 years of age, his retired pay, if he
were entitled to retired pay, would be suspended on the basis
that he is missing.
``(C) Requirements applicable to presumption of death.--Any
such determination shall be made in accordance with
regulations prescribed under section 1455 of this title. The
Secretary concerned may not make a determination for purposes
of this subchapter that a participant who is missing is
presumed dead unless the Secretary finds that--
``(i) the participant has been missing for at least 30
days; and
``(ii) the circumstances under which the participant is
missing would lead a reasonably prudent person to conclude
that the participant is dead.
``(2) Commencement of annuity.--Upon a determination under
paragraph (1) with respect to a participant in the Plan, an
annuity otherwise payable under this subchapter shall be paid
as if the participant died on the date as of which the
retired pay of the participant was suspended.
``(3) Effect of person not being dead.--
``(A) Termination of annuity.--If, after a determination
under paragraph (1), the Secretary concerned determines that
the participant is alive--
``(i) any annuity being paid under this subchapter by
reason of this subsection shall be terminated; and
``(ii) the total amount of any annuity payments made by
reason of this subsection shall constitute a debt to the
United States.
``(B) Collection from participant of annuity amounts
erroneously paid.--A debt under subparagraph (A)(ii) may be
collected or offset--
``(i) from any retired pay otherwise payable to the
participant;
``(ii) if the participant is entitled to compensation under
chapter 11 of title 38, from that compensation; or
``(iii) if the participant is entitled to any other payment
from the United States, from that payment.
``(C) Collection from beneficiary.--If the participant dies
before the full recovery of the amount of annuity payments
described in subparagraph (A)(ii) has been made by the United
States, the remaining amount of such annuity payments may be
collected from the participant's beneficiary under the Plan
if that beneficiary was the recipient of the annuity payments
made by reason of this subsection.
``Sec. 1451. Amount of annuity
``(a) Computation of Annuity for a Spouse, Former Spouse,
or Child.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a) of this title
(other than under section 1450(a)(4)), the monthly annuity
payable to the beneficiary shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent child
when becoming entitled to the annuity, the monthly annuity
shall be the amount equal to 55 percent of the base amount.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other than a
dependent child) is 62 years of age or older when becoming
entitled to the annuity, the monthly annuity shall be the
amount equal to 35 percent of the base amount.
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).
``(2) Reserve-component annuity--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a) of this title (other than under section 1450(a)(4)),
the monthly annuity payable to
[[Page 1148]]
the beneficiary shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent child
when becoming entitled to the annuity, the monthly annuity
shall be the amount equal to a percentage of the base amount
that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other than a
dependent child) is 62 years of age or older when becoming
entitled to the annuity, the monthly annuity shall be the
amount equal to a percentage of the base amount that--
``(I) is less than 35 percent; and
``(II) is determined under subsection (f).
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).
``(b) Insurable Interest Beneficiary.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a)(4) of this
title, the monthly annuity payable to the beneficiary shall
be the amount equal to 55 percent of the retired pay of the
person who elected to provide the annuity after the reduction
in that pay in accordance with section 1452(c) of this title.
``(2) Reserve-component annuity.--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a)(4) of this title, the monthly annuity payable to the
beneficiary shall be the amount equal to a percentage of the
retired pay of the person who elected to provide the annuity
after the reduction in such pay in accordance with section
1452(c) of this title that--
``(A) is less than 55 percent; and
``(B) is determined under subsection (f).
``(3) Computation of reserve-component annuity when
participant dies before age 60.--For the purposes of
paragraph (2), a person--
``(A) who provides an annuity that is determined in
accordance with that paragraph;
``(B) who dies before becoming 60 years of age; and
``(C) who at the time of death is otherwise entitled to
retired pay,
shall be considered to have been entitled to retired pay at
the time of death. The retired pay of such person for the
purposes of such paragraph shall be computed on the basis of
the rates of basic pay in effect on the date on which the
annuity provided by such person is to become effective in
accordance with the designation of such person under section
1448(e) of this title.
``(c) Annuities for Survivors of Certain Persons Dying
During a Period of Special Eligibility for SBP.--
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
annuity shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the person
receiving the annuity is under 62 years of age or is a
dependent child when the member or former member dies, the
monthly annuity shall be the amount equal to 55 percent of
the retired pay to which the member or former member would
have been entitled if the member or former member had been
entitled to that pay based upon his years of active service
when he died.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the person receiving the annuity
(other than a dependent child) is 62 years of age or older
when the member or former member dies, the monthly annuity
shall be the amount equal to 35 percent of the retired pay to
which the member or former member would have been entitled if
the member or former member had been entitled to that pay
based upon his years of active service when he died.
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).
``(2) DIC offset.--An annuity computed under paragraph (1)
that is paid to a surviving spouse shall be reduced by the
amount of dependency and indemnity compensation to which the
surviving spouse is entitled under section 1311(a) of title
38. Any such reduction shall be effective on the date of the
commencement of the period of payment of such compensation
under title 38.
``(3) Officer with enlisted service who is not yet eligible
to retire as an officer.--In the case of an annuity provided
by reason of the service of a member described in section
1448(d)(1)(B) or 1448(d)(1)(C) of this title who first became
a member of a uniformed service before September 8, 1980, the
retired pay to which the member would have been entitled when
he died shall be determined for purposes of paragraph (1)
based upon the rate of basic pay in effect at the time of
death for the grade in which the member was serving at the
time of death, unless (as determined by the Secretary
concerned) the member would have been entitled to be retired
in a higher grade.
``(4) Rate of pay to be used in computing annuity.--In the
case of an annuity paid under section 1448(f) of this title
by reason of the service of a person who first became a
member of a uniformed service before September 8, 1980, the
retired pay of the person providing the annuity shall for the
purposes of paragraph (1) be computed on the basis of the
rates of basic pay in effect on the effective date of the
annuity.
``(d) Reduction of Annuities at Age 62.--
``(1) Reduction required.--The annuity of a person whose
annuity is computed under subparagraph (A) of subsection
(a)(1), (a)(2), or (c)(1) shall be reduced on the first day
of the month after the month in which the person becomes 62
years of age.
``(2) Amount of annuity as reduced.--
``(A) 35 percent annuity.--Except as provided in
subparagraph (B), the reduced amount of the annuity shall be
the amount of the annuity that the person would be receiving
on that date if the annuity had initially been computed under
subparagraph (B) of that subsection.
``(B) Savings provision for beneficiaries eligible for
social security offset computation.--In the case of a person
eligible to have an annuity computed under subsection (e) and
for whom, at the time the person becomes 62 years of age, the
annuity computed with a reduction under subsection (e)(3) is
more favorable than the annuity with a reduction described in
subparagraph (A), the reduction in the annuity shall be
computed in the same manner as a reduction under subsection
(e)(3).
``(e) Savings Provision for Certain Beneficiaries.--
``(1) Persons covered.--The following beneficiaries under
the Plan are eligible to have an annuity under the Plan
computed under this subsection:
``(A) A beneficiary receiving an annuity under the Plan on
October 1, 1985, as the surviving spouse or former spouse of
the person providing the annuity.
``(B) A spouse or former spouse beneficiary of a person who
on October 1, 1985--
``(i) was a participant in the Plan;
``(ii) was entitled to retired pay or was qualified for
that pay except that he had not applied for and been granted
that pay; or
``(iii) would have been eligible for reserve-component
retired pay but for the fact that he was under 60 years of
age.
``(2) Amount of annuity.--Subject to paragraph (3), an
annuity computed under this subsection is determined as
follows:
``(A) Standard annuity.--In the case of the beneficiary of
a standard annuity, the annuity shall be the amount equal to
55 percent of the base amount.
``(B) Reserve component annuity.--In the case of the
beneficiary of a reserve-component annuity, the annuity shall
be the percentage of the base amount that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(C) Beneficiaries of persons dying during a period of
special eligibility for sbp.--In the case of the beneficiary
of an annuity under section 1448(d) or 1448(f) of this title,
the annuity shall be the amount equal to 55 percent of the
retired pay of the person providing the annuity (as that pay
is determined under subsection (c)).
``(3) Social security offset.--An annuity computed under
this subsection shall be reduced by the lesser of the
following:
``(A) Social security computation.--The amount of the
survivor benefit, if any, to which the surviving spouse (or
the former spouse, in the case of a former spouse beneficiary
who became a former spouse under a divorce that became final
after November 29, 1989) would be entitled under title II of
the Social Security Act (42 U.S.C. 401 et seq.) based solely
upon service by the person concerned as described in section
210(l)(1) of such Act (42 U.S.C. 410(l)(1)) and calculated
assuming that the person concerned lives to age 65.
``(B) Maximum amount of reduction.--40 percent of the
amount of the monthly annuity as determined under paragraph
(2).
``(4) Special rules for social security offset
computation.--
``(A) Treatment of deductions made on account of work.--For
the purpose of paragraph (3), a surviving spouse (or a former
spouse, in the case of a person who becomes a former spouse
under a divorce that becomes final after November 29, 1989)
shall not be considered as entitled to a benefit under title
II of the Social Security Act (42 U.S.C. 401 et seq.) to the
extent that such benefit has been offset by deductions under
section 203 of such Act (42 U.S.C. 403) on account of work.
``(B) Treatment of certain periods for which social
security refunds are made.--In the computation of any
reduction made under paragraph (3), there shall be excluded
any period of service described in section 210(l)(1) of the
Social Security Act (42 U.S.C. 410(l)(1))--
``(i) which was performed after December 1, 1980; and
``(ii) which involved periods of service of less than 30
continuous days for which the person concerned is entitled to
receive a refund under section 6413(c) of the Internal
Revenue Code of 1986 of the social security tax which the
person had paid.
``(f) Determination of Percentages Applicable to
Computation of Reserve-Component Annuities.--The percentage
to be applied in determining the amount of an annuity
computed under subsection (a)(2), (b)(2), or (e)(2)(B) shall
be determined under regulations prescribed by the Secretary
of Defense.
[[Page 1149]]
Such regulations shall be prescribed taking into
consideration the following:
``(1) The age of the person electing to provide the annuity
at the time of such election.
``(2) The difference in age between such person and the
beneficiary of the annuity.
``(3) Whether such person provided for the annuity to
become effective (in the event he died before becoming 60
years of age) on the day after his death or on the 60th
anniversary of his birth.
``(4) Appropriate group annuity tables.
``(5) Such other factors as the Secretary considers
relevant.
``(g) Adjustments to Annuities.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in annuities when retired pay increased.--
Whenever retired pay is increased under section 1401a of this
title (or any other provision of law), each annuity that is
payable under the Plan shall be increased at the same time.
``(B) Percentage of increase.--The increase shall, in the
case of any annuity, be by the same percent as the percent by
which the retired pay of the person providing the annuity
would have been increased at such time if the person were
alive (and otherwise entitled to such pay).
``(C) Certain reductions to be disregarded.--The amount of
the increase shall be based on the monthly annuity payable
before any reduction under section 1450(c) of this title or
under subsection (c)(2).
``(2) Rounding down.--The monthly amount of an annuity
payable under this subchapter, if not a multiple of $1, shall
be rounded to the next lower multiple of $1.
``(h) Adjustments to Base Amount.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in base amount when retired pay
increased.--Whenever retired pay is increased under section
1401a of this title (or any other provision of law), the base
amount applicable to each participant in the Plan shall be
increased at the same time.
``(B) Percentage of increase.--The increase shall be by the
same percent as the percent by which the retired pay of the
participant is so increased.
``(2) Recomputation at age 62.--When the retired pay of a
person who first became a member of a uniformed service on or
after August 1, 1986, and who is a participant in the Plan is
recomputed under section 1410 of this title upon the person's
becoming 62 years of age, the base amount applicable to that
person shall be recomputed (effective on the effective date
of the recomputation of such retired pay under section 1410
of this title) so as to be the amount equal to the amount of
the base amount that would be in effect on that date if
increases in such base amount under paragraph (1) had been
computed as provided in paragraph (2) of section 1401a(b) of
this title (rather than under paragraph (3) of that section).
``(3) Disregarding of retired pay reductions for retirement
before 30 years of service.--Computation of a member's
retired pay for purposes of this section shall be made
without regard to any reduction under section 1409(b)(2) of
this title.
``(i) Recomputation of Annuity for Certain Beneficiaries.--
In the case of an annuity under the Plan which is computed on
the basis of the retired pay of a person who would have been
entitled to have that retired pay recomputed under section
1410 of this title upon attaining 62 years of age, but who
dies before attaining that age, the annuity shall be
recomputed, effective on the first day of the first month
beginning after the date on which the member or former member
would have attained 62 years of age, so as to be the amount
equal to the amount of the annuity that would be in effect on
that date if increases under subsection (h)(1) in the base
amount applicable to that annuity to the time of the death of
the member or former member, and increases in such annuity
under subsection (g)(1), had been computed as provided in
paragraph (2) of section 1401a(b) of this title (rather than
under paragraph (3) of that section).
``Sec. 1452. Reduction in retired pay
``(a) Spouse and Former Spouse Annuities.--
``(1) Required reduction in retired pay.--Except as
provided in subsection (b), the retired pay of a participant
in the Plan who is providing spouse coverage (as described in
paragraph (5)) shall be reduced as follows:
``(A) Standard annuity.--If the annuity coverage being
providing is a standard annuity, the reduction shall be as
follows:
``(i) Disability and nonregular service retirees.--In the
case of a person who is entitled to retired pay under chapter
61 or chapter 1223 of this title, the reduction shall be in
whichever of the alternative reduction amounts is more
favorable to that person.
``(ii) Members as of enactment of flat-rate reduction.--In
the case of a person who first became a member of a uniformed
service before March 1, 1990, the reduction shall be in
whichever of the alternative reduction amounts is more
favorable to that person.
``(iii) New entrants after enactment of flat-rate
reduction.--In the case of a person who first becomes a
member of a uniformed service on or after March 1, 1990, and
who is entitled to retired pay under a provision of law other
than chapter 61 or chapter 1223 of this title, the reduction
shall be in an amount equal to 6\1/2\ percent of the base
amount.
``(iv) Alternative reduction amounts.--For purposes of
clauses (i) and (ii), the alternative reduction amounts are
the following:
``(I) Flat-rate reduction.--An amount equal to 6\1/2\
percent of the base amount.
``(II) Amount under pre-flat-rate reduction.--An amount
equal to 2\1/2\ percent of the first $421 (as adjusted under
paragraph (4)) of the base amount plus 10 percent of the
remainder of the base amount.
``(B) Reserve-component annuity.--If the annuity coverage
being provided is a reserve-component annuity, the reduction
shall be in whichever of the following amounts is more
favorable to that person:
``(i) Flat-rate reduction.--An amount equal to 6\1/2\
percent of the base amount plus an amount determined in
accordance with regulations prescribed by the Secretary of
Defense as a premium for the additional coverage provided
through reserve-component annuity coverage under the Plan.
``(ii) Amount under pre-flat-rate reduction.--An amount
equal to 2\1/2\ percent of the first $421 (as adjusted under
paragraph (4)) of the base amount plus 10 percent of the
remainder of the base amount plus an amount determined in
accordance with regulations prescribed by the Secretary of
Defense as a premium for the additional coverage provided
through reserve-component annuity coverage under the Plan.
``(2) Additional reduction for child coverage.--If there is
a dependent child as well as a spouse or former spouse, the
amount prescribed under paragraph (1) shall be increased by
an amount prescribed under regulations of the Secretary of
Defense.
``(3) No reduction when no beneficiary.--The reduction in
retired pay prescribed by paragraph (1) shall not be
applicable during any month in which there is no eligible
spouse or former spouse beneficiary.
``(4) Periodic adjustments.--
``(A) Adjustments for increases in rates of basic pay.--
Whenever there is an increase in the rates of basic pay of
members of the uniformed services effective after January 1,
1996, the amounts under paragraph (1) with respect to which
the percentage factor of 2\1/2\ is applied shall be increased
by the overall percentage of such increase in the rates of
basic pay. The increase under the preceding sentence shall
apply only with respect to persons whose retired pay is
computed based on the rates of basic pay in effect on or
after the date of such increase in rates of basic pay.
``(B) Adjustments for retired pay colas.--In addition to
the increase under subparagraph (A), the amounts under
paragraph (1) with respect to which the percentage factor of
2\1/2\ is applied shall be further increased at the same time
and by the same percentage as an increase in retired pay
under section 1401a of this title effective after January 1,
1996. Such increase under the preceding sentence shall apply
only with respect to a person who initially participates in
the Plan on a date which is after both the effective date of
such increase under section 1401a and the effective date of
the rates of basic pay upon which that person's retired pay
is computed.
``(5) Spouse coverage described.--For the purposes of
paragraph (1), a participant in the Plan who is providing
spouse coverage is a participant who--
``(A) has (i) a spouse or former spouse, or (ii) a spouse
or former spouse and a dependent child; and
``(B) has not elected to provide an annuity to a person
designated by him under section 1448(b)(1) of this title or,
having made such an election, has changed his election in
favor of his spouse under section 1450(f) of this title.
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay
of a participant in the Plan who is providing child-only
coverage (as described in paragraph (4)) shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense.
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this
title and who provided child-only coverage during a period
before the participant becomes entitled to receive retired
pay, the retired pay of the participant shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense to reflect the coverage provided under the Plan
during the period before the participant became entitled to
receive retired pay. A reduction under this paragraph is in
addition to any reduction under paragraph (1) and is made
without regard to whether there is an eligible dependent
child during a month for which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of
this subsection, a participant in the Plan who is providing
child-only coverage is a participant who has a dependent
child and who--
``(A) does not have an eligible spouse or former spouse; or
``(B) has a spouse or former spouse but has elected to
provide an annuity for dependent children only.
``(c) Reduction for Insurable Interest Coverage.--
``(1) Required reduction in retired pay.--The retired pay
of a person who has elected to provide an annuity to a person
designated by him under section 1450(a)(4) of this title
shall be reduced as follows:
``(A) Standard annuity.--In the case of a person providing
a standard annuity, the re
[[Page 1150]]
duction shall be by 10 percent plus 5 percent for each full
five years the individual designated is younger than that
person.
``(B) Reserve component annuity.--In the case of a person
providing a reserve-component annuity, the reduction shall be
by an amount prescribed under regulations of the Secretary of
Defense.
``(2) Limitation on total reduction.--The total reduction
under paragraph (1) may not exceed 40 percent.
``(3) Duration of reduction.--The reduction in retired pay
prescribed by this subsection shall continue during the
lifetime of the person designated under section 1450(a)(4) of
this title or until the person receiving retired pay changes
his election under section 1450(f) of this title.
``(4) Rule for computation.--Computation of a member's
retired pay for purposes of this subsection shall be made
without regard to any reduction under section 1409(b)(2) of
this title.
``(d) Deposits To Cover Periods When Retired Pay Not
Paid.--
``(1) Required deposits.--If a person who has elected to
participate in the Plan has been awarded retired pay and is
not entitled to that pay for any period, that person must
deposit in the Treasury the amount that would otherwise have
been deducted from his pay for that period.
``(2) Deposits not required when participant on active
duty.--Paragraph (1) does not apply to a person with respect
to any period when that person is on active duty under a call
or order to active duty for a period of more than 30 days.
``(e) Deposits Not Required for Certain Participants in
CSRS.--When a person who has elected to participate in the
Plan waives that person's retired pay for the purposes of
subchapter III of chapter 83 of title 5, that person shall
not be required to make the deposit otherwise required by
subsection (d) as long as that waiver is in effect unless, in
accordance with section 8339(i) of title 5, that person has
notified the Office of Personnel Management that he does not
desire a spouse surviving him to receive an annuity under
section 8331(b) of title 5.
``(f) Refunds of Deductions Not Allowed.--
``(1) General rule.--A person is not entitled to refund of
any amount deducted from retired pay under this section.
``(2) Exceptions.--Paragraph (1) does not apply--
``(A) in the case of a refund authorized by section 1450(e)
of this title; or
``(B) in case of a deduction made through administrative
error.
``(g) Discontinuation of Participation by Participants
Whose Surviving Spouses Will Be Entitled to DIC.--
``(1) Discontinuation.--
``(A) Conditions.--Notwithstanding any other provision of
this subchapter but subject to paragraphs (2) and (3), a
person who has elected to participate in the Plan and who is
suffering from a service-connected disability rated by the
Secretary of Veterans Affairs as totally disabling and has
suffered from such disability while so rated for a continuous
period of 10 or more years (or, if so rated for a lesser
period, has suffered from such disability while so rated for
a continuous period of not less than 5 years from the date of
such person's last discharge or release from active duty) may
discontinue participation in the Plan by submitting to the
Secretary concerned a request to discontinue participation in
the Plan.
``(B) Effective date.--Participation in the Plan of a
person who submits a request under subparagraph (A) shall be
discontinued effective on the first day of the first month
following the month in which the request under subparagraph
(A) is received by the Secretary concerned. Effective on such
date, the Secretary concerned shall discontinue the reduction
being made in such person's retired pay on account of
participation in the Plan or, in the case of a person who has
been required to make deposits in the Treasury on account of
participation in the Plan, such person may discontinue making
such deposits effective on such date.
``(C) Form for request for discontinuation.--Any request
under this paragraph to discontinue participation in the Plan
shall be in such form and shall contain such information as
the Secretary concerned may require by regulation.
``(2) Consent of beneficiaries required.--A person
described in paragraph (1) may not discontinue participation
in the Plan under such paragraph without the written consent
of the beneficiary or beneficiaries of such person under the
Plan.
``(3) Information on plan to be provided by secretary
concerned.--
``(A) Information to be provided promptly to participant.--
The Secretary concerned shall furnish promptly to each person
who files a request under paragraph (1) to discontinue
participation in the Plan a written statement of the
advantages of participating in the Plan and the possible
disadvantages of discontinuing participation.
``(B) Right to withdraw discontinuation request.--A person
may withdraw a request made under paragraph (1) if it is
withdrawn within 30 days after having been submitted to the
Secretary concerned.
``(4) Refund of deductions from retired pay.--Upon the
death of a person described in paragraph (1) who discontinued
participation in the Plan in accordance with this subsection,
any amount deducted from the retired pay of that person under
this section shall be refunded to the person's surviving
spouse.
``(5) Resumption of participation in plan.--
``(A) Conditions for resumption.--A person described in
paragraph (1) who discontinued participation in the Plan may
elect to participate again in the Plan if--
``(i) after having discontinued participation in the Plan
the Secretary of Veterans Affairs reduces that person's
service-connected disability rating to a rating of less than
total; and
``(ii) that person applies to the Secretary concerned,
within such period of time after the reduction in such
person's service-connected disability rating has been made as
the Secretary concerned may prescribe, to again participate
in the Plan and includes in such application such information
as the Secretary concerned may require.
``(B) Effective date of resumed coverage.--Such person's
participation in the Plan under this paragraph is effective
beginning on the first day of the month after the month in
which the Secretary concerned receives the application for
resumption of participation in the Plan.
``(C) Resumption of contributions.--When a person elects to
participate in the Plan under this paragraph, the Secretary
concerned shall begin making reductions in that person's
retired pay, or require such person to make deposits in the
Treasury under subsection (d), as appropriate, effective on
the effective date of such participation under subparagraph
(B).
``(h) Increases in Reduction With Increases in Retired
Pay.--Whenever retired pay is increased under section 1401a
of this title (or any other provision of law), the amount of
the reduction to be made under subsection (a) or (b) in the
retired pay of any person shall be increased at the same time
and by the same percentage as such retired pay is so
increased.
``(i) Recomputation of Reduction Upon Recomputation of
Retired Pay.--When the retired pay of a person who first
became a member of a uniformed service on or after August 1,
1986, and who is a participant in the Plan is recomputed
under section 1410 of this title upon the person's becoming
62 years of age, the amount of the reduction in such retired
pay under this section shall be recomputed (effective on the
effective date of the recomputation of such retired pay under
section 1410 of this title) so as to be the amount equal to
the amount of such reduction that would be in effect on that
date if increases in such retired pay under section 1401a(b)
of this title, and increases in reductions in such retired
pay under subsection (h), had been computed as provided in
paragraph (2) of section 1401a(b) of this title (rather than
under paragraph (3) of that section).
``Sec. 1453. Recovery of amounts erroneously paid
``(a) Recovery.--In addition to any other method of
recovery provided by law, the Secretary concerned may
authorize the recovery of any amount erroneously paid to a
person under this subchapter by deduction from later payments
to that person.
``(b) Authority To Waive Recovery.--Recovery of an amount
erroneously paid to a person under this subchapter is not
required if, in the judgment of the Secretary concerned and
the Comptroller General--
``(1) there has been no fault by the person to whom the
amount was erroneously paid; and
``(2) recovery of such amount would be contrary to the
purposes of this subchapter or against equity and good
conscience.
``Sec. 1454. Correction of administrative errors
``(a) Authority.--The Secretary concerned may, under
regulations prescribed under section 1455 of this title,
correct or revoke any election under this subchapter when the
Secretary considers it necessary to correct an administrative
error.
``(b) Finality.--Except when procured by fraud, a
correction or revocation under this section is final and
conclusive on all officers of the United States.
``Sec. 1455. Regulations
``(a) In General.--The President shall prescribe
regulations to carry out this subchapter. Those regulations
shall, so far as practicable, be uniform for the uniformed
services.
``(b) Notice of Elections.--Regulations prescribed under
this section shall provide that before the date on which a
member becomes entitled to retired pay--
``(1) if the member is married, the member and the member's
spouse shall be informed of the elections available under
section 1448(a) of this title and the effects of such
elections; and
``(2) if the notification referred to in section
1448(a)(3)(E) of this title is required, any former spouse of
the member shall be informed of the elections available and
the effects of such elections.
``(c) Procedure for Depositing Certain Receipts.--
Regulations prescribed under this section shall establish
procedures for depositing the amounts referred to in sections
1448(g), 1450(k)(2), and 1452(d) of this title.
``(d) Payments to Guardians and Fiduciaries.--
``(1) In general.--Regulations prescribed under this
section shall provide procedures for the payment of an
annuity under this subchapter in the case of--
``(A) a person for whom a guardian or other fiduciary has
been appointed; and
``(B) a minor, mentally incompetent, or otherwise legally
disabled person for whom a guardian or other fiduciary has
not been appointed.
[[Page 1151]]
``(2) Authorized procedures.--The regulations under
paragraph (1) may include provisions for the following:
``(A) In the case of an annuitant referred to in paragraph
(1)(A), payment of the annuity to the appointed guardian or
other fiduciary.
``(B) In the case of an annuitant referred to in paragraph
(1)(B), payment of the annuity to any person who, in the
judgment of the Secretary concerned, is responsible for the
care of the annuitant.
``(C) Subject to subparagraphs (D) and (E), a requirement
for the payee of an annuity to spend or invest the amounts
paid on behalf of the annuitant solely for benefit of the
annuitant.
``(D) Authority for the Secretary concerned to permit the
payee to withhold from the annuity payment such amount, not
in excess of 4 percent of the annuity, as the Secretary
concerned considers a reasonable fee for the fiduciary
services of the payee when a court appointment order provides
for payment of such a fee to the payee for such services or
the Secretary concerned determines that payment of a fee to
such payee is necessary in order to obtain the fiduciary
services of the payee.
``(E) Authority for the Secretary concerned to require the
payee to provide a surety bond in an amount sufficient to
protect the interests of the annuitant and to pay for such
bond out of the annuity.
``(F) A requirement for the payee of an annuity to maintain
and, upon request, to provide to the Secretary concerned an
accounting of expenditures and investments of amounts paid to
the payee.
``(G) In the case of an annuitant referred to in paragraph
(1)(B)--
``(i) procedures for determining incompetency and for
selecting a payee to represent the annuitant for the purposes
of this section, including provisions for notifying the
annuitant of the actions being taken to make such a
determination and to select a representative payee, an
opportunity for the annuitant to review the evidence being
considered, and an opportunity for the annuitant to submit
additional evidence before the determination is made; and
``(ii) standards for determining incompetency, including
standards for determining the sufficiency of medical evidence
and other evidence.
``(H) Provisions for any other matter that the President
considers appropriate in connection with the payment of an
annuity in the case of a person referred to in paragraph (1).
``(3) Legal effect of payment to guardian or fiduciary.--An
annuity paid to a person on behalf of an annuitant in
accordance with the regulations prescribed pursuant to
paragraph (1) discharges the obligation of the United States
for payment to the annuitant of the amount of the annuity so
paid.''.
Subtitle E--Other Matters
SEC. 651. TECHNICAL CORRECTION CLARIFYING ABILITY OF CERTAIN
MEMBERS TO ELECT NOT TO OCCUPY GOVERNMENT
QUARTERS.
Effective July 1, 1996, section 403(b)(3) of title 37,
United States Code, is amended by striking out ``A member''
and inserting in lieu thereof ``Subject to the provisions of
subsection (j), a member''.
SEC. 652. TECHNICAL CORRECTION CLARIFYING LIMITATION ON
FURNISHING CLOTHING OR ALLOWANCES FOR ENLISTED
NATIONAL GUARD TECHNICIANS.
Section 418(c) of title 37, United States Code, is amended
by striking out ``for which a uniform allowance is paid under
section 415 or 416 of this title'', and inserting in lieu
thereof ``for which clothing is furnished or a uniform
allowance is paid under this section''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. MEDICAL AND DENTAL CARE FOR RESERVE COMPONENT
MEMBERS IN A DUTY STATUS.
(a) Availability of Medical and Dental Care.--(1) Section
1074a of title 10, United States Code, is amended to read as
follows:
``Sec. 1074a. Medical and dental care: reserve component
members in a duty status
``(a) Health Care Described.--A person described in
subsection (b) is entitled to the medical and dental care
appropriate for the treatment of the injury, illness, or
disease of the person until the person completes treatment
and is physically able to resume the military duties of the
person or has completed processing in accordance with chapter
61 of this title.
``(b) Members Entitled to Care.--Under joint regulations
prescribed by the administering Secretaries, the following
persons are entitled to the benefits described in this
section:
``(1) Each member of a reserve component who incurs or
aggravates an injury, illness, or disease in the line of duty
while performing--
``(A) active duty, including active duty for training and
annual training duty, or full-time National Guard duty; or
``(B) inactive-duty training, regardless of whether the
member is in a pay or nonpay status.
``(2) Each member of a reserve component who incurs or
aggravates an injury, illness, or disease while traveling
directly to or from the place at which that member is to
perform or has performed--
``(A) active duty, including active duty for training and
annual training duty, or full-time National Guard duty, or
``(B) inactive-duty training, regardless of whether the
member is in a pay or nonpay status.
``(3) Each member of a reserve component who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight, between successive periods of
inactive-duty training, at or in the vicinity of the site of
the inactive-duty training, if the site of inactive-duty
training is outside reasonable commuting distance from the
member's residence.
``(c) Additional Benefits.--(1) At the request of a person
described in paragraph (1)(A) or (2)(A) of subsection (b),
the person may continue on active duty or full-time National
Guard duty during any period of hospitalization resulting
from the injury, illness, or disease.
``(2) A person described in subsection (b) is entitled to
the pay and allowances authorized in accordance with
subsections (g) and (h) of section 204 of title 37.
``(d) Limitation.--A person described in subsection (b) is
not entitled to benefits under this section if the injury,
illness, or disease, or aggravation of the injury, illness,
or disease, is the result of the gross negligence or
misconduct of the person.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 55 of title 10, United
States Code, is amended to read as follows:
``1074a. Medical and dental care: reserve component members in a duty
status.''.
(b) Annual Medical and Dental Screenings and Care for
Certain Selected Reserve Members.--Section 10206 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(c)(1) The Secretary of the Army shall provide to members
of the Selected Reserve of the Army who are assigned to units
scheduled for deployment within 75 days after mobilization
the following medical and dental services:
``(A) An annual medical screening.
``(B) For members who are over 40 years of age, a full
physical examination not less often than once every two
years.
``(C) An annual dental screening.
``(D) The dental care identified in an annual dental
screening as required to ensure that a member meets the
dental standards required for deployment in the event of
mobilization.
``(2) The services provided under this subsection shall be
provided at no cost to the member.''.
SEC. 702. PREVENTIVE HEALTH CARE SCREENING FOR COLON AND
PROSTATE CANCER.
(a) Members and Former Members.--(1) Subsection (a) of
section 1074d of title 10, United States Code, is amended--
(A) by inserting ``(1)'' before ``Female''; and
(B) by adding at the end the following new paragraph:
``(2) Male members and former members of the uniformed
services entitled to medical care under section 1074 or 1074a
of this title shall also be entitled to preventive health
care screening for colon or prostate cancer at such intervals
and using such screening methods as the administering
Secretaries consider appropriate.''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 1074d. Primary and preventive health care services
(B) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
``1074d. Primary and preventive health care services.''.
(b) Dependents.--(1) Section 1077(a) of such title is
amended by adding at the end the following new paragraph:
``(14) Preventive health care screening for colon or
prostate cancer at the intervals and using the screening
methods prescribed under section 1074d(a)(2) of this
title.''.
(2) Section 1079(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by inserting
``the schedule and method of colon and prostate cancer
screenings,'' after ``pap smears and mammograms,''; and
(B) in subparagraph (B), by inserting ``or colon and
prostate cancer screenings'' after ``pap smears and
mammograms''.
Subtitle B--TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM.
For purposes of this subtitle, the term ``TRICARE program''
means the managed health care program that is established by
the Secretary of Defense under the authority of chapter 55 of
title 10, United States Code, principally section 1097 of
such title, and includes the competitive selection of
contractors to financially underwrite the delivery of health
care services under the Civilian Health and Medical Program
of the Uniformed Services.
SEC. 712. CHAMPUS PAYMENT LIMITS FOR TRICARE PRIME ENROLLEES.
Section 1079(h)(4) of title 10, United States Code, is
amended in the second sentence by striking ``emergency''.
SEC. 713. IMPROVED INFORMATION EXCHANGE BETWEEN MILITARY
TREATMENT FACILITIES AND TRICARE PROGRAM
CONTRACTORS.
(a) Uniform Interfaces.--With respect to the automated
medical information system being developed by the Department
of Defense and known as the Composite Health
[[Page 1152]]
Care System, the Secretary of Defense shall ensure that the
Composite Health Care System provides for uniform interfaces
between information systems of military treatment facilities
and private contractors under managed care programs of the
TRICARE program. The uniform interface shall provide for a
full electronic two-way exchange of health care information
between the military treatment facilities and contractor
information systems, including enrollment information,
information regarding eligibility determinations, provider
network information, appointment information, and information
regarding the existence of third-party payers.
(b) Amendment of Existing Contracts.--To assure a single
consistent source of information throughout the health care
delivery system of the uniformed services, the Secretary of
Defense shall amend each TRICARE program contract, with the
consent of the TRICARE program contractor and notwithstanding
any requirement for competition, to require the contractor--
(1) to use software furnished under the Composite Health
Care System to record military treatment facility provider
appointments; and
(2) to record TRICARE program enrollment through direct use
of the Composite Health Care System software or through the
uniform two-way interface between the contractor and military
treatment facilities systems, where applicable.
(c) Phased Implementation.--The Secretary of Defense shall
test the uniform version of the Composite Health Care System
required under subsection (a) in one region of the TRICARE
program for six months before deploying the information
system throughout the health care delivery system of the
uniformed services.
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. DEFINITIONS.
In this subtitle:
(1) The term ``administering Secretaries'' means the
Secretary of Defense, the Secretary of Transportation, and
the Secretary of Health and Human Services.
(2) The term ``agreement'' means the agreement required
under section 722(b) between the Secretary of Defense and a
designated provider.
(3) The term ``capitation payment'' means an actuarially
sound payment for a defined set of health care services that
is established on a per enrollee per month basis.
(4) The term ``covered beneficiary'' means a beneficiary
under chapter 55 of title 10, United States Code, other than
a beneficiary under section 1074(a) of such title.
(5) The term ``designated provider'' means a public or
nonprofit private entity that was a transferee of a Public
Health Service hospital or other station under section 987 of
the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-
35; 95 Stat. 603) and that, before the date of the enactment
of this Act, was deemed to be a facility of the uniformed
services for the purposes of chapter 55 of title 10, United
States Code. The term includes any legal successor in
interest of the transferee.
(6) The term ``enrollee'' means a covered beneficiary who
enrolls with a designated provider.
(7) The term ``health care services'' means the health care
services provided under the health plan known as the TRICARE
PRIME option under the TRICARE program.
(8) The term ``Secretary'' means the Secretary of Defense.
(9) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes
the competitive selection of contractors to financially
underwrite the delivery of health care services under the
Civilian Health and Medical Program of the Uniformed
Services.
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED
SERVICES HEALTH CARE DELIVERY SYSTEM.
(a) Inclusion in System.--The health care delivery system
of the uniformed services shall include the designated
providers.
(b) Agreements to Provide Managed Health Care Services.--
(1) After consultation with the other administering
Secretaries, the Secretary of Defense shall negotiate and
enter into an agreement with each designated provider, under
which the designated provider will provide managed health
care services to covered beneficiaries who enroll with the
designated provider.
(2) The agreement shall be entered into on a sole source
basis. The Federal Acquisition Regulation, except for those
requirements regarding competition, issued pursuant to
section 25(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 421(c)) shall apply to the agreements as
acquisitions of commercial items.
(3) The implementation of an agreement is subject to
availability of funds for such purpose.
(c) Effective Date of Agreements.--(1) Unless an earlier
effective date is agreed upon by the Secretary and the
designated provider, the agreement shall take effect upon the
later of the following:
(A) The date on which a managed care support contract under
the TRICARE program is implemented in the service area of the
designated provider.
(B) October 1, 1997.
(2) Notwithstanding paragraph (1), the designated provider
whose service area includes Seattle, Washington, shall
implement its agreement as soon as the agreement permits.
(d) Temporary Continuation of Existing Participation
Agreements.--The Secretary shall extend the participation
agreement of a designated provider in effect immediately
before the date of the enactment of this Act under section
718(c) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1587) until the
agreement required by this section takes effect under
subsection (c).
(e) Service Area.--The Secretary may not reduce the size of
the service area of a designated provider below the size of
the service area in effect as of September 30, 1996.
(f) Compliance With Administrative Requirements.--(1)
Unless otherwise agreed upon by the Secretary and a
designated provider, the designated provider shall comply
with necessary and appropriate administrative requirements
established by the Secretary for other providers of health
care services and requirements established by the Secretary
of Health and Human Services for risk-sharing contractors
under section 1876 of the Social Security Act (42 U.S.C.
1395mm). The Secretary and the designated provider shall
determine and apply only such administrative requirements as
are minimally necessary and appropriate. A designated
provider shall not be required to comply with a law or
regulation of a State government requiring licensure as a
health insurer or health maintenance organization.
(2) A designated provider may not contract out more than
five percent of its primary care enrollment without the
approval of the Secretary, except in the case of primary care
contracts between a designated provider and a primary care
contractor in force on the date of the enactment of this Act.
SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED
PROVIDERS.
(a) Uniform Benefit Required.--A designated provider shall
offer to enrollees the health benefit option prescribed and
implemented by the Secretary under section 731 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 1073 note), including
accompanying cost-sharing requirements.
(b) Time for Implementation of Benefit.--A designated
provider shall offer the health benefit option described in
subsection (a) to enrollees upon the later of the following:
(1) The date on which health care services within the
health care delivery system of the uniformed services are
rendered through the TRICARE program in the region in which
the designated provider operates.
(2) October 1, 1997.
(c) Adjustments.--The Secretary may establish a later date
under subsection (b)(2) or prescribe reduced cost-sharing
requirements for enrollees.
SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.
(a) Fiscal Year 1997 Limitation.--(1) During fiscal year
1997, the number of covered beneficiaries who are enrolled in
managed care plans offered by designated providers may not
exceed the number of such enrollees as of October 1, 1995.
(2) The Secretary may waive the limitation under paragraph
(1) if the Secretary determines that additional enrollment
authority for a designated provider is required to
accommodate covered beneficiaries who are dependents of
members of the uniformed services entitled to health care
under section 1074(a) of title 10, United States Code.
(b) Permanent Limitation.--For each fiscal year after
fiscal year 1997, the number of enrollees in managed care
plans offered by designated providers may not exceed 110
percent of the number of such enrollees as of the first day
of the immediately preceding fiscal year. The Secretary may
waive this limitation as provided in subsection (a)(2).
(c) Retention of Current Enrollees.--An enrollee in the
managed care program of a designated provider as of September
30, 1997, or such earlier date as the designated provider and
the Secretary may agree upon, shall continue receiving
services from the designated provider pursuant to the
agreement entered into under section 722 unless the enrollee
disenrolls from the designated provider. Except as provided
in subsection (e), the administering Secretaries may not
disenroll such an enrollee unless the disenrollment is agreed
to by the Secretary and the designated provider.
(d) Additional Enrollment Authority.--Other covered
beneficiaries may also receive health care services from a
designated provider, except that the designated provider may
market such services to, and enroll, only those covered
beneficiaries who--
(1) do not have other primary health insurance coverage
(other than medicare coverage) covering basic primary care
and inpatient and outpatient services; or
(2) are enrolled in the direct care system under the
TRICARE program, regardless of whether the covered
beneficiaries were users of the health care delivery system
of the uniformed services in prior years.
(e) Special Rule for Medicare-Eligible Beneficiaries.--If a
covered beneficiary who desires to enroll in the managed care
program of a designated provider is also entitled to hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.), the covered
beneficiary shall elect whether to receive health care
services as an enrollee or under part A of title XVIII of the
Social Security Act. The Secretary may disenroll an enrollee
who subsequently violates the election made under this
subsection and receives benefits under part A of title XVIII
of the Social Security Act.
[[Page 1153]]
(f) Information Regarding Eligible Covered Beneficiaries.--
The Secretary shall provide, in a timely manner, a designated
provider with an accurate list of covered beneficiaries
within the marketing area of the designated provider to whom
the designated provider may offer enrollment.
SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.
(a) Application of Payment Rules.--Subject to subsection
(b), the Secretary shall require a private facility or health
care provider that is a health care provider under the
Civilian Health and Medical Program of the Uniformed Services
to apply the payment rules described in section 1074(c) of
title 10, United States Code, in imposing charges for health
care that the private facility or provider provides to
enrollees of a designated provider.
(b) Authorized Adjustments.--The payment rules imposed
under subsection (a) shall be subject to such modifications
as the Secretary considers appropriate. The Secretary may
authorize a lower rate than the maximum rate that would
otherwise apply under subsection (a) if the lower rate is
agreed to by the designated provider and the private facility
or health care provider.
(c) Regulations.--The Secretary shall prescribe regulations
to implement this section after consultation with the other
administering Secretaries.
(d) Conforming Amendment.--Section 1074 of title 10, United
States Code, is amended by striking out subsection (d).
SEC. 726. PAYMENTS FOR SERVICES.
(a) Form of Payment.--Unless otherwise agreed to by the
Secretary and a designated provider, the form of payment for
services provided by a designated provider shall be full risk
capitation. The capitation payments shall be negotiated and
agreed upon by the Secretary and the designated provider. In
addition to such other factors as the parties may agree to
apply, the capitation payments shall be based on the
utilization experience of enrollees and competitive market
rates for equivalent health care services for a comparable
population to such enrollees in the area in which the
designated provider is located.
(b) Limitation on Total Payments.--Total capitation
payments to a designated provider shall not exceed an amount
equal to the cost that would have been incurred by the
Government if the enrollees had received their care through a
military treatment facility, the TRICARE program, or the
medicare program, as the case may be.
(c) Establishment of Payment Rates on Annual Basis.--The
Secretary and a designated provider shall establish
capitation payments on an annual basis, subject to periodic
review for actuarial soundness and to adjustment for any
adverse or favorable selection reasonably anticipated to
result from the design of the program.
(d) Alternative Basis for Calculating Payments.--After
September 30, 1999, the Secretary and a designated provider
may mutually agree upon a new basis for calculating
capitation payments.
SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 911 of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c).
(2) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d).
(3) Section 718(c) of the National Defense Authorization
Act for Fiscal year 1991 (Public Law 101-510; 42 U.S.C. 248c
note).
(4) Section 726 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c
note).
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. AUTHORITY TO WAIVE CHAMPUS EXCLUSION REGARDING
NONMEDICALLY NECESSARY TREATMENT IN CONNECTION
WITH CERTAIN CLINICAL TRIALS.
(a) Waiver Authority.--Paragraph (13) of section 1079(a) of
title 10, United States Code, is amended--
(1) by striking out ``any service'' and inserting in lieu
thereof ``Any service'';
(2) by striking out the semicolon at the end and inserting
in lieu thereof a period; and
(3) by adding at the end the following: ``Pursuant to an
agreement with the Secretary of Health and Human Services and
under such regulations as the Secretary of Defense may
prescribe, the Secretary of Defense may waive the operation
of this paragraph in connection with clinical trials
sponsored or approved by the National Institutes of Health if
the Secretary of Defense determines that such a waiver will
promote access by covered beneficiaries to promising new
treatments and contribute to the development of such
treatments.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in the matter preceding paragraph (1), by striking out
``except that--'' and inserting in lieu thereof ``except as
follows:'';
(2) by capitalizing the first letter of the first word of
each of paragraphs (1) through (17);
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (15) and inserting in lieu thereof a
period; and
(4) in paragraph (16), by striking out ``; and'' and
inserting in lieu thereof a period.
SEC. 732. AUTHORITY TO WAIVE OR REDUCE CHAMPUS DEDUCTIBLE
AMOUNTS FOR RESERVISTS CALLED TO ACTIVE DUTY IN
SUPPORT OF CONTINGENCY OPERATIONS.
Section 1079(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by inserting ``(1)'' after ``(b)'';
(3) in subparagraph (B), as so redesignated, by striking
out ``clause (3)'' and inserting in lieu thereof
``subparagraph (C)'';
(4) in subparagraph (D), as so redesignated--
(A) by striking out ``this clause'' and inserting in lieu
thereof ``this subparagraph''; and
(B) by striking out ``clauses (2) and (3)'' and inserting
in lieu thereof ``subparagraphs (B) and (C)''; and
(5) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may waive or reduce the
deductible amounts required by subparagraphs (B) and (C) of
paragraph (1) in the case of the dependents of a member of a
reserve component of the uniformed services who serves on
active duty in support of a contingency operation under a
call or order to active duty of less than one year.''.
SEC. 733. EXCEPTION TO MAXIMUM ALLOWABLE PAYMENTS TO
INDIVIDUAL HEALTH-CARE PROVIDERS UNDER CHAMPUS.
Section 1079(h) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Except in an area in which the Secretary of Defense
has entered into an at-risk contract for the provision of
health care services, the Secretary may authorize the
commander of a facility of the uniformed services, the lead
agent (if other than the commander), and the health care
contractor to modify the payment limitations under paragraph
(1) for certain health care providers when necessary to
ensure both the availability of certain services for covered
beneficiaries and costs lower than standard CHAMPUS for the
required services.''.
SEC. 734. CODIFICATION OF ANNUAL AUTHORITY TO CREDIT CHAMPUS
REFUNDS TO CURRENT YEAR APPROPRIATION.
(a) Codification.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1079 the
following new section:
``Sec. 1079a. CHAMPUS: treatment of refunds and other amounts
collected
``All refunds and other amounts collected in the
administration of the Civilian Health and Medical Program of
the Uniformed Services shall be credited to the appropriation
supporting the program in the year in which the amount is
collected.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1079 the following new item:
``1079a. CHAMPUS: treatment of refunds and other amounts collected.''.
(b) Conforming Repeal.--Section 8094 of the Department of
Defense Appropriations Act, 1996 (Public Law 104-61; 109
Stat. 671), is repealed.
SEC. 735. EXCEPTIONS TO REQUIREMENTS REGARDING OBTAINING
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Reference to Inpatient Medical Care.--(1) Section
1080(a) of title 10, United States Code, is amended by
inserting ``inpatient'' before ``medical care'' in the first
sentence.
(2) Section 1086(e) of such title is amended in the first
sentence by striking out ``benefits'' and inserting in lieu
thereof ``inpatient medical care''.
(b) Waivers and Exceptions to Requirements.--(1) Section
1080 of such title is amended by adding at the end the
following new subsection:
``(c) Waivers and Exceptions to Requirements.--(1) A
covered beneficiary enrolled in a managed care plan offered
pursuant to any contract or agreement under this chapter for
the provision of health care services shall not be required
to obtain a nonavailability-of-health-care statement as a
condition for the receipt of health care.
``(2) The Secretary of Defense may waive the requirement to
obtain nonavailability-of-health-care statements following an
evaluation of the effectiveness of such statements in
optimizing the use of facilities of the uniformed
services.''.
(2) Section 1086(e) of such title is amended in the last
sentence by striking out ``section 1080(b)'' and inserting in
lieu thereof ``subsections (b) and (c) of section 1080''.
(c) Conforming Amendment.--Section 1080(b) of such title is
amended--
(1) by striking out ``Nonavailability of Health Care
Statements'' and inserting in lieu thereof ``Nonavailability-
of-Health-Care Statements; and
(2) by striking out ``nonavailability of health care
statement'' and inserting in lieu thereof ``nonavailability
of health care statement''.
SEC. 736. EXPANSION OF COLLECTION AUTHORITIES FROM THIRD-
PARTY PAYERS.
(a) Expansion of Collection Authorities.--Section 1095 of
title 10, United States Code, is amended--
(1) in subsection (g)(1), by inserting ``or through'' after
``provided at'';
(2) in subsection (h)(1), by inserting before the period at
the end of the first sentence
[[Page 1154]]
the following: ``and a workers' compensation program or
plan''; and
(3) in subsection (h)(2)--
(A) by striking ``organization and'' and inserting in lieu
thereof ``organization,''; and
(B) by inserting before the period at the end the
following: ``, and personal injury protection or medical
payments benefits in cases involving personal injuries
resulting from operation of a motor vehicle''.
(b) Inclusion of Third Party Payer in Collection Efforts.--
Section 1079(j)(1) of such title is amended by inserting
after ``or health plan'' the following: ``(including any plan
offered by a third-party payer (as defined in section
1095(h)(1) of this title))''.
Subtitle E--Other Matters
SEC. 741. ALTERNATIVES TO ACTIVE DUTY SERVICE OBLIGATION
UNDER ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM
AND UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Armed Forces Health Professions Scholarship and
Financial Assistance Program.--Subsection (e) of section 2123
of title 10, United States Code, is amended to read as
follows:
``(e)(1) A member of the program who is relieved of the
member's active duty obligation under this subchapter before
the completion of that active duty obligation may be given,
with or without the consent of the member, any of the
following alternative obligations, as determined by the
Secretary of the military department concerned:
``(A) A service obligation in a component of the Selected
Reserve for a period not less than twice as long as the
member's remaining active duty service obligation.
``(B) A service obligation as a civilian employee employed
as a health care professional in a facility of the uniformed
services for a period of time equal to the member's remaining
active duty service obligation.
``(C) With the concurrence of the Secretary of Health and
Human Services, transfer of the active duty service
obligation to an obligation equal in time in the National
Health Service Corps under section 338C of the Public Health
Service Act (42 U.S.C. 254m) and subject to all requirements
and procedures applicable to obligated members of the
National Health Service Corps.
``(D) Repayment to the Secretary of Defense of a percentage
of the total cost incurred by the Secretary under this
subchapter on behalf of the member equal to the percentage of
the member's total active duty service obligation being
relieved, plus interest.
``(2) The Secretary of Defense shall prescribe regulations
describing the manner in which an alternative obligation may
be given under paragraph (1).''.
(b) Uniformed Services University of the Health Sciences.--
Section 2114 of title 10, United States Code is amended by
adding at the end the following new subsection:
``(h) A graduate of the University who is relieved of the
graduate's active-duty service obligation under subsection
(b) before the completion of that active-duty service
obligation may be given, with or without the consent of the
graduate, an alternative obligation comparable to the
alternative obligations authorized in subparagraphs (A) and
(B) of section 2123(e)(1) of this title for members of the
Armed Forces Health Professions Scholarship and Financial
Assistance program.''.
(c) Application of Amendments.--The amendments made by this
section shall apply with respect to individuals who first
become members of the Armed Forces Health Professions
Scholarship and Financial Assistance program or students of
the Uniformed Services University of the Health Sciences on
or after October 1, 1996.
(d) Transition Provision.--(1) In the case of any member of
the Armed Forces Health Professions Scholarship and Financial
Assistance program who, as of October 1, 1996, is serving an
active duty obligation under the program or is incurring an
active duty obligation as a participant in the program, and
who is subsequently relieved of the active duty obligation
before the completion of the obligation, the alternative
obligations authorized by the amendment made by subsection
(a) may be used by the Secretary of the military department
concerned with the agreement of the member.
(2) In the case of any person who, as of October 1, 1996,
is serving an active-duty service obligation as a graduate of
the Uniformed Services University of the Health Sciences or
is incurring an active-duty service obligation as a student
of the University, and who is subsequently relieved of the
active-duty service obligation before the completion of the
obligation, the alternative obligations authorized by the
amendment made by subsection (b) may be implemented by the
Secretary of Defense with the agreement of the person.
SEC. 742. EXCEPTION TO STRENGTH LIMITATIONS FOR PUBLIC HEALTH
SERVICE OFFICERS ASSIGNED TO DEPARTMENT OF
DEFENSE.
Section 206 of the Public Health Service Act (42 U.S.C.
207) is amended by adding at the end the following new
subsection:
``(f) In computing the maximum number of commissioned
officers of the Public Health Service authorized by law or
administrative determination to serve on active duty, there
may be excluded from such computation officers who are
assigned to duty in the Department of Defense.''.
SEC. 743. CONTINUED OPERATION OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
(a) Closure Prohibited.--In light of the important role of
the Uniformed Services University of the Health Sciences in
providing trained health care providers for the uniformed
services, Congress reaffirms the requirement contained in
section 922 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat 2829) that the
Uniformed Services University of the Health Sciences may not
be closed.
(b) Budgetary Commitment to Continuation.--It is the sense
of Congress that the Secretary of Defense should budget for
the operation of the Uniformed Services University of the
Health Sciences during fiscal year 1998 at a level at least
equal to the level of operations conducted at the University
during fiscal year 1995.
SEC. 744. SENSE OF CONGRESS REGARDING TAX TREATMENT OF ARMED
FORCES HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM.
It is the sense of Congress that the Secretary of Defense
should work with the Secretary of the Treasury to interpret
section 117 of the Internal Revenue Code of 1986 so that the
limitation on the amount of a qualified scholarship or
qualified tuition reduction excluded from gross income does
not apply to any portion of a scholarship or financial
assistance provided by the Secretary of Defense to a person
enrolled in the Armed Forces Health Professions Scholarship
and Financial Assistance program under subchapter I of
chapter 105 of title 10, United States Code.
SEC. 745. REPORT REGARDING SPECIALIZED TREATMENT FACILITY
PROGRAM.
Not later than April 1, 1997, the Secretary of Defense
shall submit to Congress a report evaluating the impact on
the military health care system of limiting the service area
of a facility designated as part of the specialized treatment
facility program under section 1105 of title 10, United
States Code, to not more than 100 miles from the facility.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
SEC. 801. AUTHORITY TO WAIVE CERTAIN REQUIREMENTS FOR DEFENSE
ACQUISITION PILOT PROGRAMS.
(a) Authority.--The Secretary of Defense may waive sections
2399, 2403, 2432, and 2433 of title 10, United States Code,
in accordance with this section for any defense acquisition
program designated by the Secretary of Defense for
participation in the defense acquisition pilot program
authorized by section 809 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2340 note).
(b) Operational Test and Evaluation.--The Secretary of
Defense may waive the requirements for operational test and
evaluation for such a defense acquisition program as set
forth in section 2399 of title 10, United States Code, if the
Secretary--
(1) determines (without delegation) that such test would be
unreasonably expensive or impractical;
(2) develops a suitable alternate operational test program
for the system concerned;
(3) describes in the test and evaluation master plan, as
approved by the Director of Operational Test and Evaluation,
the method of evaluation that will be used to evaluate
whether the system will be effective and suitable for combat;
and
(4) submits to the congressional defense committees a
report containing the determination that was made under
paragraph (1), a justification for that determination, and a
copy of the plan required by paragraph (3).
(c) Contractor Guarantees for Major Weapons Systems.--The
Secretary of Defense may waive the requirements of section
2403 of title 10, United States Code, for such a defense
acquisition program if an alternative guarantee is used that
ensures high quality weapons systems.
(d) Selected Acquisition Reports.--The Secretary of Defense
may waive the requirements of sections 2432 and 2433 of title
10, United States Code, for such a defense acquisition
program if the Secretary provides a single annual report to
Congress at the end of each fiscal year that describes the
status of the program in relation to the baseline description
for the program established under section 2435 of such title.
SEC. 802. EXCLUSION FROM CERTAIN POST-EDUCATION DUTY
ASSIGNMENTS FOR MEMBERS OF ACQUISITION CORPS.
Section 663(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary of Defense may exclude from the
requirements of paragraph (1) or (2) an officer who is a
member of an Acquisition Corps established pursuant to 1731
of this title if the officer--
``(A) has graduated from a senior level course of
instruction designed for personnel serving in critical
acquisition positions; and
``(B) is assigned, upon graduation, to a critical
acquisition position designated pursuant to section 1733 of
this title.''.
SEC. 803. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Authority.--Section 845(a) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1721) is amended by inserting after ``Agency'' the
following: ``, the Secretary of a military department, or any
other official designated by the Secretary of Defense''.
(b) Period of Authority.--Section 845(c) of such Act is
amended by striking out ``3 years
[[Page 1155]]
after the date of the enactment of this Act'' and inserting
in lieu thereof ``on September 30, 1999''.
(c) Conforming and Technical Amendments.--Section 845 of
such Act is further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking out ``(c)(2) and (c)(3)
of such section 2371, as redesignated by section
827(b)(1)(B),'' and inserting in lieu thereof ``(e)(2) and
(e)(3) of such section 2371''; and
(B) in paragraph (2), by inserting after ``Director'' the
following: ``, Secretary, or other official''; and
(2) in subsection (c), by striking out ``of the Director''.
SEC. 804. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR SYSTEMS.
Section 2302(5) of title 10, United States Code, is
amended--
(1) by striking out ``$75,000,000 (based on fiscal year
1980 constant dollars)'' and inserting in lieu thereof
``$115,000,000 (based on fiscal year 1990 dollars)'';
(2) by striking out ``$300,000,000 (based on fiscal year
1980 constant dollars)'' and inserting in lieu thereof
``$540,000,000 (based on fiscal year 1990 constant
dollars)''; and
(3) by adding at the end the following: ``The Secretary of
Defense may adjust the amounts and the base fiscal year
provided in clause (A) on the basis of Department of Defense
escalation rates. An adjustment under this paragraph shall be
effective after the Secretary transmits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a written
notification of the adjustment.''.
SEC. 805. REVISIONS IN INFORMATION REQUIRED TO BE INCLUDED IN
SELECTED ACQUISITION REPORTS.
Section 2432 of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) by striking out ``and'' at the end of subparagraph (B);
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) the current procurement unit cost for each major
defense acquisition program included in the report and the
history of that cost from the date the program was first
included in a Selected Acquisition Report to the end of the
quarter for which the current report is submitted; and''; and
(2) in subsection (e), by striking out paragraph (8) and
redesignating paragraph (9) as paragraph (8).
SEC. 806. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR
HUMANITARIAN OR PEACEKEEPING OPERATIONS.
Section 2302(7) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(7)'';
(2) by inserting after ``contingency operation'' the
following: ``or a humanitarian or peacekeeping operation'';
and
(3) by adding at the end the following:
``(B) In subparagraph (A), the term `humanitarian or
peacekeeping operation' means a military operation in support
of the provision of humanitarian or foreign disaster
assistance or in support of a peacekeeping operation under
chapter VI or VII of the Charter of the United Nations. The
term does not include routine training, force rotation, or
stationing.''.
SEC. 807. EXPANSION OF AUDIT RECIPROCITY AMONG FEDERAL
AGENCIES TO INCLUDE POST-AWARD AUDITS.
(a) Armed Services Acquisitions.--Subsection (d) of section
2313 of title 10, United States Code, is amended to read as
follows:
``(d) Limitation on Audits Relating to Indirect Costs.--The
head of an agency may not perform an audit of indirect costs
under a contract, subcontract, or modification before or
after entering into the contract, subcontract, or
modification in any case in which the contracting officer
determines that the objectives of the audit can reasonably be
met by accepting the results of an audit that was conducted
by any other department or agency of the Federal Government
within one year preceding the date of the contracting
officer's determination.''.
(b) Civilian Agency Acquisitions.--Subsection (d) of
section 304C of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254d) is amended to read as
follows:
``(d) Limitation on Audits Relating to Indirect Costs.--An
executive agency may not perform an audit of indirect costs
under a contract, subcontract, or modification before or
after entering into the contract, subcontract, or
modification in any case in which the contracting officer
determines that the objectives of the audit can reasonably be
met by accepting the results of an audit that was conducted
by any other department or agency of the Federal Government
within one year preceding the date of the contracting
officer's determination.''.
(c) Guidelines for Acceptance of Audits by State and Local
Governments Receiving Federal Assistance.--The Director of
the Office and Management and Budget shall issue guidelines
to ensure that an audit of indirect costs performed by the
Federal Government is accepted by State and local governments
that receive Federal funds under contracts, grants, or other
Federal assistance programs.
SEC. 808. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Paragraphs (1) and (2) of section 831(j) of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
2302 note) are each amended by striking out ``1996'' and
inserting in lieu thereof ``1997''.
Subtitle B--Other Matters
SEC. 821. AMENDMENT TO DEFINITION OF NATIONAL SECURITY SYSTEM
UNDER INFORMATION TECHNOLOGY MANAGEMENT REFORM
ACT OF 1995.
Section 5142(a) of the Information Technology Management
Reform Act of 1996 (division E of Public Law 104-106; 110
Stat. 689; 40 U.S.C. 1452) is amended--
(1) by striking out ``or'' at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5)
and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new paragraph:
``(6) involves the storage, processing, or forwarding of
classified information and is protected at all times by
procedures established for the handling of classified
information.''.
SEC. 822. PROHIBITION ON RELEASE OF CONTRACTOR PROPOSALS
UNDER FREEDOM OF INFORMATION ACT.
(a) Armed Services Acquisitions.--Section 2305 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(g) Prohibition on Release of Contractor Proposals.--(1)
A proposal in the possession or control of the Department of
Defense may not be made available to any person under section
552 of title 5.
``(2) In this subsection, the term `proposal' means any
proposal, including a technical, management, or cost
proposal, submitted by a contractor in response to the
requirements of a solicitation for a competitive proposal.''.
(b) Civilian Agency Acquisitions.--Section 303B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b) is amended by adding at the end the following
new subsection:
``(m) Prohibition on Release of Contractor Proposals.--(1)
A proposal in the possession or control of an executive
agency may not be made available to any person under section
552 of title 5.
``(2) In this subsection, the term `proposal' means any
proposal, including a technical, management, or cost
proposal, submitted by a contractor in response to the
requirements of a solicitation for a competitive proposal.''.
SEC. 823. REPEAL OF ANNUAL REPORT BY ADVOCATE FOR
COMPETITION.
Section 20(b) of the Office of Federal Procurement Policy
Act (41 U.S.C. 418(b)) is amended--
(1) by striking out ``and'' at the end of paragraph (3)(B);
(2) by striking out paragraph (4); and
(3) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
SEC. 824. REPEAL OF BIANNUAL REPORT ON PROCUREMENT REGULATORY
ACTIVITY.
Subsection (g) of section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) is repealed.
SEC. 825. REPEAL OF MULTIYEAR LIMITATION ON CONTRACTS FOR
INSPECTION, MAINTENANCE, AND REPAIR.
Paragraph (14) of section 210(a) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 490(a)) is
amended by striking out ``for periods not exceeding three
years''.
SEC. 826. STREAMLINED NOTICE REQUIREMENTS TO CONTRACTORS AND
EMPLOYEES REGARDING TERMINATION OR SUBSTANTIAL
REDUCTION IN CONTRACTS UNDER MAJOR DEFENSE
PROGRAMS.
(a) Elimination of Unnecessary Requirements.--Section 4471
of the Defense Conversion, Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-484; 10
U.S.C. 2501 note) is amended--
(1) by striking out subsection (a);
(2) by striking out subsection (f), except paragraph (4);
(3) by redesignating subsections (b), (c), (d), (e), and
(g) as subsections (a), (b), (c), (d), and (f), respectively;
and
(4) by redesignating such paragraph (4) as subsection (e).
(b) Notice to Contractors.--Subsection (a) of such section,
as redesignated by subsection (a)(3), is amended by striking
out paragraphs (1) and (2) and inserting in lieu thereof the
following:
``(1) shall identify each contract (if any) under major
defense programs of the Department of Defense that will be
terminated or substantially reduced as a result of the
funding levels provided in that Act; and
``(2) shall ensure that notice of the termination of, or
substantial reduction in, the funding of the contract is
provided--
``(A) directly to the prime contractor under the contract;
and
``(B) directly to the Secretary of Labor.''.
(c) Notice to Subcontractors.--Subsection (b) of such
section, as redesignated by subsection (a)(3), is amended--
(1) by striking out ``As soon as'' and all that follows
through ``that program,'' in the matter preceding paragraph
(1) and inserting in lieu thereof ``Not later than 60 days
after the date on which the prime contractor for a contract
under a major defense program receives notice under
subsection (a),'';
(2) in paragraph (1)--
(A) by striking out ``for that program under a contract''
and inserting in lieu thereof ``for that prime contract for
subcontracts''; and
(B) by striking out ``for the program''; and
[[Page 1156]]
(3) in paragraph (2)(A), by striking out ``for the program
under a contract'' and inserting in lieu thereof ``for
subcontracts''.
(d) Notice to Employees and State Dislocated Worker Unit.--
Subsection (c) of such section, as redesignated by subsection
(a)(3), is amended by striking out ``under subsection
(a)(1)'' and all that follows through ``a defense program,''
in the matter preceding paragraph (1) and inserting in lieu
thereof ``under subsection (a),''.
(e) Cross References and Conforming Amendments.--(1)
Subsection (d) of such section, as redesignated by subsection
(a)(3), is amended--
(A) by striking out ``a major defense program provided
under subsection (d)(1)'' and inserting in lieu thereof ``a
defense contract provided under subsection (c)(1)''; and
(B) by striking out ``the program'' and inserting in lieu
thereof ``the contract''.
(2) Subsection (e) of such section, as redesignated by
subsection (a)(4), is amended--
(A) by striking out ``eligibility'' and inserting in lieu
thereof ``Eligibility''; and
(B) by striking out ``under paragraph (3)'' and inserting
in lieu thereof ``or cancellation of the termination of, or
substantial reduction in, contract funding''.
(3) Subsection (f) of such section, as redesignated by
subsection (a)(3), is amended in paragraph (2)--
(A) by inserting ``a defense contract under'' before ``a
major defense program''; and
(B) by striking out ``contracts under the program'' and
inserting in lieu thereof ``the funds obligated by the
contract''.
SEC. 827. REPEAL OF NOTICE REQUIREMENTS FOR SUBSTANTIALLY OR
SERIOUSLY AFFECTED PARTIES IN DOWNSIZING
EFFORTS.
Sections 4101 and 4201 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1850, 1851; 10 U.S.C. 2391 note) are repealed.
SEC. 828. TESTING OF DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 2366 of title 10, United States
Code, is amended--
(1) by striking out ``survivability'' each place it appears
(including in the section heading) and inserting in lieu
thereof ``vulnerability''; and
(2) in subsection (b)--
(A) by striking out ``Survivability'' and inserting in lieu
thereof ``Vulnerability''; and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Testing should begin at the component, subsystem, and
subassembly level, culminating with tests of the complete
system configured for combat.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 139 of
such title is amended to read as follows:
``2366. Major systems and munitions programs: vulnerability testing and
lethality testing required before full-scale
production.''.
SEC. 829. DEPENDENCY OF NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE ON SUPPLIES AVAILABLE ONLY FROM FOREIGN
COUNTRIES.
(a) National Security Objectives for National Technology
and Industrial Base.--Section 2501(a) of title 10, United
States Code, is amended by adding at the end the following:
``(5) Providing for the development, manufacture, and
supply of items and technologies critical to the production
and sustainment of advanced military weapon systems with
minimal reliance on items for which the source of supply,
manufacture, or technology is outside of the United States
and Canada and for which there is no immediately available
source in the United States or Canada.''.
(b) Assessment of Extent of United States Dependency on
Foreign Source Items.--Subsection (c) of section 2505 of such
title is amended to read as follows:
``(c) Assessment of Extent of Dependency on Foreign Source
Items.--Each assessment under subsection (a) shall include a
separate discussion and presentation regarding the extent to
which the national technology and industrial base is
dependent on items for which the source of supply,
manufacture, or technology is outside of the United States
and Canada and for which there is no immediately available
source in the United States or Canada. The discussion and
presentation shall include the following:
``(1) An assessment of the overall degree of dependence by
the national technology and industrial base on such foreign
items, including a comparison with the degree of dependence
identified in the preceding assessment.
``(2) Identification of major systems (as defined in
section 2302 of this title) under development or production
containing such foreign items, including an identification of
all such foreign items for each system.
``(3) An analysis of the production or development risks
resulting from the possible disruption of access to such
foreign items, including consideration of both peacetime and
wartime scenarios.
``(4) An analysis of the importance of retaining domestic
production sources for the items specified in section 2534 of
this title.
``(5) A discussion of programs and initiatives in place to
reduce dependence by the national technology and industrial
base on such foreign items.
``(6) A discussion of proposed policy or legislative
initiatives recommended to reduce the dependence of the
national technology and industrial base on such foreign
items.''.
(c) Time for Completion of Next Defense Capability
Assessment.--Notwithstanding the schedule prescribed by the
Secretary of Defense under subsection (d) of section 2505 of
title 10, United States Code, the National Defense Technology
and Industrial Base Council shall complete the next defense
capability assessment required under such section not later
than March 1, 1997.
SEC. 830. SENSE OF CONGRESS REGARDING TREATMENT OF DEPARTMENT
OF DEFENSE CABLE TELEVISION FRANCHISE
AGREEMENTS.
It is the sense of Congress that the United States Court of
Federal Claims should transmit to Congress the report
required by section 823 of Public Law 104-106 (110 Stat. 399)
on or before the date specified in that section.
SEC. 831. EXTENSION OF DOMESTIC SOURCE LIMITATION FOR VALVES
AND MACHINE TOOLS.
Subparagraph (C) of section 2534(c)(2) is amended by
striking out ``1996'' and inserting in lieu thereof ``2001''.
SEC. 832. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE,
SECURITY, POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGENCIES.
(a) Extension of Demonstration Project.--Section 816 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2820) is amended by adding at
the end the following new subsection:
``(c) Duration of Project.--The authority to purchase
services under the demonstration project shall expire on
September 30, 1998.''.
(b) Reporting Requirements.--Subsection (b) of such section
is amended by striking out ``, 1996'' and inserting in lieu
thereof ``of each of the years 1997 and 1998''.
SEC. 833. STUDY OF EFFECTIVENESS OF DEFENSE MERGERS.
(a) Study.--The Secretary of Defense shall conduct a study
on mergers and acquisitions in the defense sector. The study
shall address the following:
(1) The effectiveness of defense mergers and acquisitions
in eliminating excess capacity within the defense industry.
(2) The degree of change in the dependence by defense
contractors on defense-related Federal contracts within their
overall business after mergers.
(3) The effect on defense industry employment resulting
from defense mergers and acquisitions occurring during the
three years preceding the date of the enactment of this Act.
(b) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the results of the study
conducted under subsection (a).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. ADDITIONAL REQUIRED REDUCTION IN DEFENSE
ACQUISITION WORKFORCE.
Section 906(d) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 405) is
amended--
(1) in paragraph (1), by striking out ``during fiscal year
1996'' and all that follows and inserting in lieu thereof
``so that--
``(A) the total number of such positions as of October 1,
1996, is less than the baseline number by at least 15,000;
and
``(B) the total number of such positions as of October 1,
1997, is less than the baseline number by at least 40,000.'';
and
(2) by adding at the end the following new paragraph:
``(3) For purposes of this subsection, the term `baseline
number' means the total number of defense acquisition
personnel positions as of October 1, 1995.''.
SEC. 902. REDUCTION OF PERSONNEL ASSIGNED TO OFFICE OF THE
SECRETARY OF DEFENSE.
(a) Permanent Limitation on OSD Personnel.--Effective
October 1, 1999, the number of OSD personnel may not exceed
75 percent of the baseline number.
(b) Phased Reduction.--The number of OSD personnel--
(1) as of October 1, 1997, may not exceed 85 percent of the
baseline number; and
(2) as of October 1, 1998, may not exceed 80 percent of the
baseline number.
(c) Baseline Number.--For purposes of this section, the
term ``baseline number'' means the number of OSD personnel as
of October 1, 1994.
(d) OSD Personnel Defined.--For purposes of this section,
the term ``OSD personnel'' means military and civilian
personnel of the Department of Defense who are assigned to,
or employed in, functions in the Office of the Secretary of
Defense (including Direct Support Activities of that Office
and the Washington Headquarters Services of the Department of
Defense).
(e) Limitation on Reassignment of Functions.--In carrying
out reductions in the number of personnel assigned to, or
employed in, the Office of the Department of Defense in order
to comply with this section, the Secretary of Defense may not
reassign functions solely in order to evade the requirements
contained in this section.
(f) Flexibility.--If the Secretary of Defense determines,
and certifies to Congress, that the limitation in subsection
(b) with respect to any fiscal year would adversely affect
United States national security, the limitation under that
subsection with respect to that fiscal year may be waived. If
the Secretary of Defense determines, and
[[Page 1157]]
certifies to Congress, that the limitation in subsection (a)
during fiscal year 1999 would adversely affect United States
national security, the limitation under that subsection with
respect to that fiscal year may be waived. The authority
under this subsection may be used only once, with respect to
a single fiscal year.
(g) Repeal of Prior Requirement.--Section 901(d) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 410) is repealed.
SEC. 903. REPORT ON MILITARY DEPARTMENT HEADQUARTERS STAFFS.
(a) Review by Secretary of Defense.--The Secretary of
Defense shall conduct a review of the size, mission,
organization, and functions of the military department
headquarters staffs. This review shall include the following:
(1) An assessment on the adequacy of the present
organization structure to efficiently and effectively support
the mission of the military departments.
(2) An assessment of options to reduce the number of
personnel assigned to the military department headquarters
staffs.
(3) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense
and the military department headquarters staffs.
(4) An assessment of the possible benefits that could be
derived from further functional consolidation between the
civilian secretariat of the military departments and the
staffs of the military service chiefs.
(5) An assessment of the possible benefits that could be
derived from reducing the number of civilian officers in the
military departments who are appointed by and with the advice
and consent of the Senate.
(b) Report.--Not later than March 1, 1997, the Secretary of
Defense shall submit to the congressional defense committees
a report containing--
(1) the findings and conclusions of the Secretary resulting
from the review under subsection (a); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting
rationale) that would be required as result of the review.
(c) Reduction in Total Number of Personnel Assigned.--In
developing the plan under subsection (b)(2), the Secretary
shall make every effort to provide for significant reductions
in the overall number of military and civilian personnel
assigned to or serving in the military department
headquarters staffs.
(d) Military Department Headquarters Staffs Defined.--For
the purposes of this section, the term ``military department
headquarters staffs'' means the offices, organizations, and
other elements of the Department of Defense comprising the
following:
(1) The Office of the Secretary of the Army.
(2) The Army Staff.
(3) The Office of the Secretary of the Air Force.
(4) The Air Staff.
(5) The Office of the Secretary of the Navy.
(6) The Office of the Chief of Naval Operations.
(7) Headquarters, Marine Corps.
SEC. 904. EXTENSION OF EFFECTIVE DATE FOR CHARTER FOR JOINT
REQUIREMENTS OVERSIGHT COUNCIL.
Section 905(b) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 404) is
amended by striking out ``January 31, 1997'' and inserting in
lieu thereof ``January 31, 1998''.
SEC. 905. REMOVAL OF SECRETARY OF THE ARMY FROM MEMBERSHIP ON
THE FOREIGN TRADE ZONE BOARD.
The first section of the Act of June 18, 1934 (Public Law
Numbered 397, Seventy-third Congress; 48 Stat. 998) (19
U.S.C. 81a), popularly known as the ``Foreign Trade Zones
Act'', is amended--
(1) in subsection (b), by striking out ``the Secretary of
the Treasury, and the Secretary of War'' and inserting in
lieu thereof ``and the Secretary of the Treasury''; and
(2) in subsection (c), by striking out ``Alaska, Hawaii,''.
SEC. 906. MEMBERSHIP OF THE AMMUNITION STORAGE BOARD.
Section 172(a) of title 10, United States Code, is amended
by striking out ``a joint board of officers selected by
them'' and inserting in lieu thereof ``a joint board selected
by them composed of officers, civilian officers and employees
of the Department of Defense, or both''.
SEC. 907. DEPARTMENT OF DEFENSE DISBURSING OFFICIAL CHECK
CASHING AND EXCHANGE TRANSACTIONS.
Section 3342(b) of title 31, United States Code, is
amended--
(1) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof a semicolon;
(2) by striking out ``and'' at the end of paragraph (5);
(3) by striking out the period at the end of paragraph (6)
and inserting in lieu thereof ``; or''; and
(4) by adding at the end the following new paragraph:
``(7) a Federal credit union that at the request of the
Secretary of Defense is operating on a United States military
installation in a foreign country, but only if that country
does not permit contractor-operated military banking
facilities to operate on such installations.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1997
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on National Security of the House
of Representatives to accompany the bill H.R. 3230 of the One
Hundred Fourth Congress and transmitted to the President is
hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED
FISCAL YEAR 1996 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may
be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with
fiscal year 1996 defense appropriations.
(b) Covered Amounts.--The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and
activities of the Department of Defense in fiscal year 1996
defense appropriations that are in excess of the amounts
provided for such programs, projects, and activities in
fiscal year 1996 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1996 defense appropriations.--The term
``fiscal year 1996 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1996 in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61).
(2) Fiscal year 1996 defense authorizations.--The term
``fiscal year 1996 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense
for fiscal year 1996 in the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106).
SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 1996.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 1996 in the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106)
are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to
such authorization were increased (by a supplemental
appropriation) or decreased (by a rescission), or both, in
the Omnibus Consolidated Rescissions and Appropriations Act
of 1996 (Public Law 104-134).
SEC. 1005. FORMAT FOR BUDGET REQUESTS FOR NAVY/MARINE CORPS
AND AIR FORCE AMMUNITION ACCOUNTS.
Section 114 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) In each budget submitted by the President to Congress
under section 1105 of title 31, amounts requested for
procurement of ammunition for the Navy and Marine Corps, and
for procurement of ammunition for the Air Force, shall be set
forth separately from other amounts requested for
procurement.''.
SEC. 1006. FORMAT FOR BUDGET REQUESTS FOR DEFENSE AIRBORNE
RECONNAISSANCE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure
that in the budget justification documents for any fiscal
year there is set forth separately amounts requested for each
program, project, or activity within the Defense Airborne
Reconnais
[[Page 1158]]
sance Program, with a unique program element provided for
funds requested for research, development, test, and
evaluation for each such program, project, or activity and a
unique procurement line item provided for funds requested for
procurement for each such program, project, or activity.
(b) Defense Budget.--For purposes of subsection (a), the
term ``budget justification documents'' means the supporting
budget documentation submitted to the congressional defense
committees in support of the budget of the Department of
Defense for a fiscal year as included in the budget of the
President submitted under section 1105 of title 31, United
States Code, for that fiscal year.
Subtitle B--Reports and Studies
SEC. 1021. ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND
OPERATION ENHANCED SOUTHERN WATCH.
(a) Annual Report.--Not later than March 1 of each year,
the Secretary of Defense shall submit to Congress a report on
Operation Provide Comfort and Operation Enhanced Southern
Watch.
(b) Matters Relating to Operation Provide Comfort.--Each
report under subsection (a) shall include, with respect to
Operation Provide Comfort, the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for that operation
during the fiscal year in which the report is submitted and
projected for the following fiscal year, together with a
discussion of missions and functions expected to be performed
by the Department as part of that operation during each of
those fiscal years.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to that
operation during each of those fiscal years.
(3) A discussion of options being pursued to reduce the
involvement of the Department of Defense in those aspects of
that operation that are not directly related to the military
mission of the Department of Defense.
(4) A discussion of the exit strategy for United States
involvement in, and support for, that operation.
(5) A description of alternative approaches to
accomplishing the mission of that operation that are designed
to limit the scope and cost to the Department of Defense of
accomplishing that mission while maintaining mission success.
(6) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(7) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Kurdish
population in northern Iraq.
(c) Matters Relating to Operation Enhanced Southern
Watch.--Each report under subsection (a) shall include, with
respect to Operation Enhanced Southern Watch, the following:
(1) The expected duration and annual costs of the various
elements of that operation.
(2) The political and military objectives associated with
that operation.
(3) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(4) A description of alternative approaches to
accomplishing the mission of that operation that are designed
to limit the scope and cost of accomplishing that mission
while maintaining mission success.
(5) A comprehensive discussion of the political and
military objectives and initiatives that the Department of
Defense has pursued, and intends to pursue, in order to
reduce United States involvement in that operation.
(6) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Shiite
population in southern Iraq.
(d) Termination of Report Requirement.--The requirement
under subsection (a) shall cease to apply with respect to an
operation named in that subsection upon the termination of
United States involvement in that operation.
(e) Definitions.--For purposes of this section:
(1) Operation enhanced southern watch.--The term
``Operation Enhanced Southern Watch'' means the operation of
the Department of Defense that as of October 30, 1995, is
designated as Operation Enhanced Southern Watch.
(2) Operation provide comfort.--The term ``Operation
Provide Comfort'' means the operation of the Department of
Defense that as of October 30, 1995, is designated as
Operation Provide Comfort.
SEC. 1022. REPORT ON PROTECTION OF NATIONAL INFORMATION
INFRASTRUCTURE.
(a) Report Requirement.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report setting forth the national policy on
protecting the national information infrastructure against
strategic attacks.
(b) Matters To Be Included.--The report shall include the
following:
(1) A description of the national policy and plans to meet
essential Government and civilian needs during a national
security emergency associated with a strategic attack on
elements of the national infrastructure the functioning of
which depend on networked computer systems.
(2) The identification of information infrastructure
functions that must be performed during such an emergency.
(3) The assignment of responsibilities to Federal
departments and agencies, and a description of the roles of
Government and industry, relating to indications and warning
of, assessment of, response to, and reconstitution after,
potential strategic attacks on the critical national
infrastructures described under paragraph (1).
(c) Outstanding Issues.--The report shall also identify any
outstanding issues in need of further study and resolution,
such as technology and funding shortfalls, and legal and
regulatory considerations.
SEC. 1023. REPORT ON WITNESS INTERVIEW PROCEDURES FOR
DEPARTMENT OF DEFENSE CRIMINAL INVESTIGATIONS.
(a) Survey of Military Department Policies and Practices.--
The Comptroller General of the United States shall conduct a
survey of the policies and practices of the military criminal
investigative organizations with respect to the manner in
which interviews of suspects and witnesses are conducted in
connection with criminal investigations. The purpose of the
survey shall be to ascertain whether or not investigators and
agents from those organizations engage in illegal,
unnecessary, or inappropriate harassment and intimidation of
individuals being interviewed.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the
Senate a report concerning the survey under subsection (a).
The report shall specifically address the following:
(1) The extent to which investigators of the military
criminal investigative organizations engage in illegal or
inappropriate practices in connection with interviews of
suspects in or witnesses to crimes.
(2) The extent to which the interview policies established
by the Department of Defense directive or service regulation
are adequate to instruct and guide investigators in the
proper conduct of subject and witness interviews.
(3) The desirability and feasibility of requiring the video
and audio recording of all interviews.
(4) The desirability and feasibility of making such
recordings or written transcriptions of interviews, or both,
available on demand to the subject or witness interviewed.
(5) The extent to which existing directives or regulations
specify a prohibition against the display by agents of those
organizations of weapons during interviews and the extent to
which agents conducting interviews inappropriately display
weapons during interviews.
(6) The extent to which existing directives or regulations
forbid agents of those organizations from making judgmental
statements during interviews regarding the guilt of the
interviewee or the consequences of failing to cooperate with
investigators, and the extent to which agents conducting
interviews nevertheless engage in such practices.
(7) Any recommendation for legislation to ensure that
investigators and agents of the military criminal
investigative organizations use legal and proper tactics
during interviews in connection with Department of Defense
criminal investigations.
(c) Results of Interviews and Surveys.--The Comptroller
General shall include in the report under subsection (b) the
results of interviews and surveys conducted under subsection
(a) with persons who were witnesses or subjects in
investigations conducted by military criminal investigative
organizations.
(d) Definition.--For the purposes of this section, the term
``military criminal investigative organization'' means any of
the following:
(1) The Army Criminal Investigation Command.
(2) The Air Force Office of Special Investigations.
(3) The Naval Criminal Investigative Service.
(4) The Defense Criminal Investigative Service.
Subtitle C--Other Matters
SEC. 1031. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) Allocation.--Of the amounts appropriated for the
Department of Defense for the Defense Information
Infrastructure for each of fiscal years 1998 through 2001,
the Secretary of Defense shall allocate to an information
systems security program, under a separate program element,
amounts as follows:
(1) For fiscal year 1998, 2.5 percent.
(2) For fiscal year 1999, 3.0 percent.
(3) For fiscal year 2000, 3.5 percent.
(4) For fiscal year 2001, 4.0 percent.
(b) Relationship to Other Amounts.--Amounts allocated under
subsection (a) are in addition to amounts appropriated to the
National Security Agency and the Defense Advanced Research
Projects Agency for information security development,
acquisition, and operations.
(c) Annual Report.--The Secretary of Defense shall submit
to the congressional defense committee and congressional
intelligence committees a report not later than April 15 of
each year from 1998 through 2002 that describes information
security objectives of the Department of Defense, the
progress made during the previous year in meeting those
objectives, and plans of the Secretary with respect to
meeting those objectives for the next fiscal year.
[[Page 1159]]
SEC. 1032. AVIATION AND VESSEL WAR RISK INSURANCE.
(a) Aviation Risk Insurance.--(1) Chapter 931 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 9514. Indemnification of Department of Transportation
for losses covered by defense-related aviation insurance
``(a) Prompt Indemnification Required.--In the event of a
loss that is covered by defense-related aviation insurance,
the Secretary of Defense shall promptly indemnify the
Secretary of Transportation for the amount of the loss. The
Secretary of Defense shall make such indemnification--
``(1) in the case of a claim for the loss of an aircraft
hull, not later than 30 days following the date of the
presentment of the claim to the Secretary of Transportation;
and
``(2) in the case of any other claim, not later than 180
days after the date on which the claim is determined by the
Secretary of Transportation to be payable.
``(b) Source of Funds for Payment of Indemnity.--The
Secretary may pay an indemnity described in subsection (a)
from any funds available to the Department of Defense for
operation and maintenance, and such sums as may be necessary
for payment of such indemnity are hereby authorized to be
transferred to the Secretary of Transportation for such
purpose.
``(c) Notice to Congress.--In the event of a loss that is
covered by defense-related aviation insurance in the case of
an incident in which the covered loss is (or is expected to
be) in an amount in excess of $1,000,000, the Secretary of
Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days
after the date of the loss; and
``(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and showing with
respect to losses arising from such incident the total amount
expended to cover such losses, the source of those funds,
pending litigation, and estimated total cost to the
Government.
``(d) Implementing Matters.--(1) Payment of indemnification
under this section is not subject to section 2214 or 2215 of
this title or any other provision of law requiring
notification to Congress before funds may be transferred.
``(2) Consolidation of claims arising from the same
incident is not required before indemnification of the
Secretary of Transportation for payment of a claim may be
made under this section.
``(e) Construction With Other Transfer Authority.--
Authority to transfer funds under this section is in addition
to any other authority provided by law to transfer funds
(whether enacted before, on, or after the date of the
enactment of this section) and is not subject to any dollar
limitation or notification requirement contained in any other
such authority to transfer funds.
``(f) Definitions.--In this section:
``(1) Defense-related aviation insurance.--The term
`defense-related aviation insurance' means aviation insurance
and reinsurance provided through policies issued by the
Secretary of Transportation under chapter 443 of title 49
that pursuant to section 44305(b) of that title is provided
by that Secretary without premium at the request of the
Secretary of Defense and is covered by an indemnity agreement
between the Secretary of Transportation and the Secretary of
Defense.
``(2) Loss.--The term `loss' includes damage to or
destruction of property, personal injury or death, and other
liabilities and expenses covered by the defense-related
aviation insurance.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9514. Indemnification of Department of Transportation for losses
covered by defense-related aviation insurance.''.
(b) Vessel War Risk Insurance.--(1) Chapter 157 of title
10, United States Code, is amended by adding after section
2644, as added by section 364(a), the following new section:
``Sec. 2645. Indemnification of Department of Transportation
for losses covered by vessel war risk insurance
``(a) Prompt Indemnification Required.--In the event of a
loss that is covered by vessel war risk insurance, the
Secretary of Defense shall promptly indemnify the Secretary
of Transportation for the amount of the loss. The Secretary
of Defense shall make such indemnification--
``(1) in the case of a claim for a loss to a vessel, not
later than 90 days following the date of the adjudication or
settlement of the claim by the Secretary of Transportation;
and
``(2) in the case of any other claim, not later than 180
days after the date on which the claim is determined by the
Secretary of Transportation to be payable.
``(b) Source of Funds for Payment of Indemnity.--The
Secretary may pay an indemnity described in subsection (a)
from any funds available to the Department of Defense for
operation and maintenance, and such sums as may be necessary
for payment of such indemnity are hereby authorized to be
transferred to the Secretary of Transportation for such
purpose.
``(c) Deposit of Funds.--(1) Any amount transferred to the
Secretary of Transportation under this section shall be
deposited in, and merged with amounts in, the Vessel War Risk
Insurance Fund as provided in the second sentence of section
1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1288(a)).
``(2) In this subsection, the term `Vessel War Risk
Insurance Fund' means the insurance fund referred to in the
first sentence of section 1208(a) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1288(a)).
``(d) Notice to Congress.--In the event of a loss that is
covered by vessel war risk insurance in the case of an
incident in which the covered loss is (or is expected to be)
in an amount in excess of $1,000,000, the Secretary of
Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days
after the date of the loss; and
``(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and showing with
respect to losses arising from such incident the total amount
expended to cover such losses, the source of such funds,
pending litigation, and estimated total cost to the
Government.
``(e) Implementing Matters.--(1) Payment of indemnification
under this section is not subject to section 2214 or 2215 of
this title or any other provision of law requiring
notification to Congress before funds may be transferred.
``(2) Consolidation of claims arising from the same
incident is not required before indemnification of the
Secretary of Transportation for payment of a claim may be
made under this section.
``(f) Construction With Other Transfer Authority.--
Authority to transfer funds under this section is in addition
to any other authority provided by law to transfer funds
(whether enacted before, on, or after the date of the
enactment of this section) and is not subject to any dollar
limitation or notification requirement contained in any other
such authority to transfer funds.
``(g) Definitions.--In this section:
``(1) Vessel war risk insurance.--The term `vessel war risk
insurance' means insurance and reinsurance provided through
policies issued by the Secretary of Transportation under
title XII of the Merchant Marine Act, 1936 (46 U.S.C. App.
1281 et seq.), that is provided by that Secretary without
premium at the request of the Secretary of Defense and is
covered by an indemnity agreement between the Secretary of
Transportation and the Secretary of Defense.
``(2) Loss.--The term `loss' includes damage to or
destruction of property, personal injury or death, and other
liabilities and expenses covered by the vessel war risk
insurance.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 2644,
as added by section 364(c)(3), the following new item:
``2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance.''.
SEC. 1033. AIRCRAFT ACCIDENT INVESTIGATION BOARDS.
(a) Independence and Objectivity of Boards.--(1) Chapter
134 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2255. Aircraft accident investigation boards:
independence and objectivity
``(a) Required Membership of Boards.--Whenever the
Secretary of a military department convenes a aircraft
accident investigation board to conduct an accident
investigation of an accident involving an aircraft under the
jurisdiction of the Secretary, the Secretary shall select the
membership of the board so that--
``(1) a majority of the voting members of the board are
selected from units outside the chain of command of the
mishap unit; and
``(2) at least one voting member of the board is an officer
or an employee assigned to the relevant service safety
center.
``(b) Determination of Units Outside Same Chain of
Command.--For purposes of this section, a unit shall be
considered to be outside the chain of command of another unit
if the two units do not have a common commander in their
respective chains of command below a position for which the
authorized grade is major general or rear admiral.
``(c) Mishap Unit Defined.--In this section, the term
`mishap unit', with respect to an aircraft accident
investigation, means the unit of the armed forces (at the
squadron level or equivalent) to which was assigned the
flight crew of the aircraft that sustained the accident that
is the subject of the investigation.
``(d) Service Safety Center.--For purposes of this section,
a service safety center is the single office or separate
operating agency of a military department that has
responsibility for the management of aviation safety matters
for that military department.''.
(2) The table of sections at the beginning of subchapter II
of such chapter is amended by adding at the end the following
new item:
``2255. Aircraft accident investigation boards: independence and
objectivity.''.
(b) Effective Date.--Section 2255 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to any aircraft accident investigation board convened
by the Secretary of a military department after the end of
the six-month period
[[Page 1160]]
beginning on the date of the enactment of this Act.
SEC. 1034. AUTHORITY FOR USE OF APPROPRIATED FUNDS FOR
RECRUITING FUNCTIONS.
(a) Authority.--Chapter 31 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 520c. Recruiting functions: use of funds
``Under regulations prescribed by the Secretary concerned,
funds appropriated to the Department of Defense may be
expended for small meals and snacks during recruiting
functions for the following persons:
``(1) Persons who have entered the Delayed Entry Program
under section 513 of this title and other persons who are the
subject of recruiting efforts.
``(2) Persons in communities who assist the military
departments in recruiting efforts.
``(3) Military or civilian personnel whose attendance at
such functions is mandatory.
``(4) Other persons whose presence at recruiting functions
will contribute to recruiting efforts.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``520c. Recruiting functions: use of funds.''.
SEC. 1035. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN
AFRICAN AMERICAN SOLDIERS WHO SERVED DURING
WORLD WAR II.
(a) Inapplicability of Time Limitations.--Notwithstanding
the time limitations in section 3744(b) of title 10, United
States Code, or any other time limitation, the President may
award the Medal of Honor to the persons specified in
subsection (b), each of whom has been found by the Secretary
of the Army to have distinguished himself conspicuously by
gallantry and intrepidity at the risk of his life above and
beyond the call of duty while serving in the United States
Army during World War II.
(b) Persons Eligible To Receive the Medal of Honor.--The
persons referred to in subsection (a) are the following:
(1) Vernon J. Baker, who served as a first lieutenant in
the 370th Infantry Regiment, 92nd Infantry Division.
(2) Edward A. Carter, who served as a staff sergeant in the
56th Armored Infantry Battalion, Twelfth Armored Division.
(3) John R. Fox, who served as a first lieutenant in the
366th Infantry Regiment, 92nd Infantry Division.
(4) Willy F. James, Jr., who served as a private first
class in 413th Infantry Regiment, 104th Infantry Division.
(5) Ruben Rivers, who served as a staff sergeant in the
761st Tank Battalion.
(6) Charles L. Thomas, who served as a first lieutenant in
the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in the 29th
Quartermaster Regiment.
(c) Posthumous Award.--The Medal of Honor may be awarded
under this section posthumously, as provided in section 3752
of title 10, United States Code.
(d) Prior Award.--The Medal of Honor may be awarded under
this section for service for which a Distinguished-Service
Cross, or other award, has been awarded.
SEC. 1036. COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR
MEDAL WHO DID NOT PREVIOUSLY RECEIVE
COMPENSATION AS A PRISONER OF WAR.
(a) Authority To Make Payments.--The Secretary of the
military department concerned shall make payments in the
manner provided in section 6 of the War Claims Act of 1948
(50 U.S.C. App. 2005) to (or on behalf of) any person
described in subsection (b) who submits an application for
such payment in accordance with subsection (d).
(b) Eligible Persons.--This section applies with respect to
a member or former member of the Armed Forces who--
(1) has received the prisoner of war medal under section
1128 of title 10, United States Code; and
(2) has not previously received a payment under section 6
of the War Claims Act of 1948 (50 U.S.C. App. 2005) with
respect to the period of internment for which the person
received the prisoner of war medal.
(c) Amount of Payment.--The amount of the payment to any
person under this section shall be determined based upon the
provisions of section 6 of the War Claims Act of 1948 that
are applicable with respect to the period of time during
which the internment occurred for which the person received
the prisoner of war medal.
(d) One-Year Period for Submission of Applications.--A
payment may be made by reason of this section only in the
case of a person who submits an application to the Secretary
concerned for such payment during the one-year period
beginning on the date of the enactment of this Act. Any such
application shall be submitted in such form and manner as the
Secretary may require.
SEC. 1037. GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC
SECURITY STUDIES.
(a) Acceptance of Contributions.--The Secretary of Defense
may accept, on behalf of the George C. Marshall European
Center for Security Studies, from any foreign nation any
contribution of money or services made by such nation to
defray the cost of, or enhance the operations of, the George
C. Marshall European Center for Security Studies. Such
contributions may include guest lecturers, faculty services,
research materials, and other donations through foundations
or similar sources.
(b) Notice to Congress.--The Secretary of Defense shall
notify Congress if total contributions of money under
subsection (a) exceed $2,000,000 in any fiscal year. Any such
notice shall list the nations and the amounts of each such
contribution.
(c) Marshall Center Attendance and Reporting Requirement.--
(1) The Secretary of Defense may authorize participation by a
European or Eurasian nation in Marshall Center programs if--
(A) the Secretary determines, after consultation with the
Secretary of State, that such participation is in the
national interest of the United States; and
(B) the Secretary determines that such participation
(notwithstanding any other provision of law) by that nation
in Marshall Center programs will materially contribute to the
reform of the electoral process or development of democratic
institutions or democratic political parties in that nation.
(2) The Secretary of Defense shall notify Congress of such
determination not less than 90 days in advance of any such
participation by such nation pursuant to the determination
concerning that nation.
(3) The Secretary of Defense shall submit to Congress an
annual report on the participation of European and Eurasian
nations in programs of the Marshall Center.
(d) Marshall Center Board of Visitors.--(1) In the case of
any United States citizen invited to serve without
compensation on the Marshall Center Board of Visitors, the
Secretary of Defense may waive any requirement for financial
disclosure that would otherwise be applicable to that person
by reason of service on such Board of Visitors.
(2) Notwithstanding section 219 of title 18, United States
Code, a non-United States citizen may serve on the Board even
though registered as a foreign agent.
SEC. 1038. PARTICIPATION OF MEMBERS, DEPENDENTS, AND OTHER
PERSONS IN CRIME PREVENTION EFFORTS AT
INSTALLATIONS.
(a) Crime Prevention.--The Secretary of Defense shall
prescribe regulations intended to require members of the
Armed Forces, dependents of members, civilian employees of
the Department of Defense, and employees of defense
contractors performing work at military installations to
report to an appropriate military law enforcement agency any
crime or criminal activity that the person reasonably
believes occurred on a military installation.
(b) Sanctions.--As part of the regulations, the Secretary
shall consider the feasibility of imposing sanctions against
a person described in subsection (a), particularly a member
of the Armed Forces, who fails to report the occurrence of a
crime or criminal activity as required by the regulations.
(c) Report Regarding Implementation.--Not later than
February 1, 1997, the Secretary shall submit to Congress a
report describing the plans of the Secretary to implement
this section.
SEC. 1039. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Corrections in Statutory References.--
(1) Reference to command formerly known as the north
american air defense command.--Section 162(a) of title 10,
United States Code, is amended by striking out ``North
American Air Defense Command'' in paragraphs (1), (2), and
(3) and inserting in lieu thereof ``North American Aerospace
Defense Command''.
(2) References to former naval records and history office
and fund.--(A) Section 7222 of title 10, United States Code,
is amended in subsections (a) and (c) by striking out
``Office of Naval Records and History'' each place it appears
and inserting in lieu thereof ``Naval Historical Center''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 7222. Naval Historical Center Fund''.
(ii) The item relating to such section in the table of
sections at the beginning of chapter 631 of title 10, United
States Code, is amended to read as follows:
``7222. Naval Historical Center Fund.''.
(C) Section 2055(g) of the Internal Revenue Code of 1986 is
amended by striking out paragraph (4) and inserting in lieu
thereof the following:
``(4) For treatment of gifts and bequests for the benefit of the
Naval Historical Center as gifts or bequests to or for the use of the
United States, see section 7222 of title 10, United States Code.''.
(3) Chemical demilitarization citizens advisory
commissions.--Section 172 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2341; 50 U.S.C. 1521 note) is amended by striking
out ``Assistant Secretary of the Army (Installations,
Logistics, and Environment)'' in subsections (b) and (f) and
inserting in lieu thereof ``Assistant Secretary of the Army
(Research, Development and Acquisition)''.
(b) Miscellaneous Amendments to Title 10, United States
Code.--Title 10, United States Code, is amended as follows:
(1) Section 129(a) is amended by striking out ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1996'' and inserting in lieu thereof ``February
10, 1996,''.
(2) Section 401 is amended--
(A) in subsection (a)(4), by striking out ``Armed Forces''
both places it appears and inserting in lieu thereof ``armed
forces''; and
[[Page 1161]]
(B) in subsection (e), by inserting ``any of the
following'' after ``means''.
(3) Section 528(b) is amended by striking out ``(1)'' after
``(b)'' and inserting ``(1)'' before ``The limitation''.
(4) Section 1078a(a) is amended by striking out ``Beginning
on October 1, 1994, the'' and inserting in lieu thereof
``The''.
(5) Section 1161(b)(2) is amended by striking out ``section
1178'' and inserting in lieu thereof ``section 1167''.
(6) Section 1167 is amended by striking out ``person'' and
inserting in lieu thereof ``member''.
(7) The table of sections at the beginning of chapter 81 is
amended by striking out ``Sec.'' in the item relating to
section 1599a.
(8) Section 1588(d)(1)(C) is amended by striking out
``Section 522a'' and inserting in lieu thereof ``Section
552a''.
(9) Chapter 87 is amended--
(A) in section 1723(a), by striking out the second
sentence;
(B) in section 1724, by striking out ``, beginning on
October 1, 1993,'' in subsections (a) and (b);
(C) in section 1733(a), by striking out ``On and after
October 1, 1993, a'' and inserting in lieu thereof ``A''; and
(D) in section 1734--
(i) in subsection (a)(1), by striking out ``, on and after
October 1, 1993,''; and
(ii) in subsection (b)(1)(A), by striking out ``, on and
after October 1, 1991,''.
(10) Section 2216, as added by section 371 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 107 Stat. 277), is redesignated as section 2216a,
and the item relating to that section in the table of
sections at the beginning of chapter 131 is revised so as to
reflect such redesignation.
(11) Section 2305(b)(6) is amended--
(A) in subparagraph (B), by striking out ``of this
section'' and ``of this paragraph'';
(B) in subparagraph (C), by striking out ``this
subsection'' and inserting in lieu thereof ``subparagraph
(A)''; and
(C) in subparagraph (D), by striking out ``pursuant to this
subsection'' and inserting in lieu thereof ``under
subparagraph (A)''.
(12) Section 2306a(h)(3) is amended by inserting ``(41
U.S.C. 403(12))'' before the period at the end.
(13) Section 2323a(a) is amended by striking out ``section
1207 of the National Defense Authorization Act for Fiscal
Year 1987 (10 U.S.C. 2301 note)'' and inserting in lieu
thereof ``section 2323 of this title''.
(14) Section 2534(c)(4) is amended by striking out ``the
date occurring two years after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1996''
and inserting in lieu thereof ``February 10, 1998''.
(15) The table of sections at the beginning of chapter 155
is amended by striking out the item relating to section 2609.
(16) Section 2610(e) is amended by striking out ``two years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996'' and inserting in
lieu thereof ``on February 10, 1998''.
(17) Sections 2824(c) and 2826(i)(1) are amended by
striking out ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996'' and
inserting in lieu thereof ``February 10, 1996''.
(18) Section 3036(d) is amended by striking out ``For
purposes of this subsection,'' and inserting in lieu thereof
``In this subsection,''.
(19) The table of sections at the beginning of chapter 641
is amended by striking out the item relating to section 7434.
(20) Section 10542(b)(21) is amended by striking out
``261'' and inserting in lieu thereof ``12001''.
(21) Section 12205(a) is amended by striking out ``After
September 30, 1995, no person'' and inserting in lieu thereof
``No person''.
(c) Amendments to Public Law 104-106.--The National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 186 et seq.) is amended as follows:
(1) Section 561(d)(1) (110 Stat. 322) is amended by
inserting ``of such title'' after ``Section 1405(c)''.
(2) Section 903(e)(1) (110 Stat. 402) is amended--
(A) in subparagraph (A), by striking out ``paragraphs (6)
and (8)'' and inserting in lieu thereof ``paragraph (6)'';
and
(B) in subparagraph (B), by inserting ``(8),'' after
``(7),'' and by striking out ``and (9),'' and inserting in
lieu thereof ``(9), and (10),''.
(3) Section 1092(b)(2) (110 Stat. 460) is amended by
striking out the period at the end and inserting in lieu
thereof ``; and''.
(4) Section 4301(a)(1) (110 Stat. 656) is amended by
inserting ``of subsection (a)'' after ``in paragraph (2)''.
(5) Section 5601 (110 Stat. 699) is amended--
(A) in subsection (a), by inserting ``of title 10, United
States Code,'' before ``is amended''; and
(B) in subsection (c), by striking out ``use of equipment
or services, if'' in the second quoted matter therein and
inserting in lieu thereof ``use of the equipment or
services''.
(d) Provisions Executed Before Enactment of Public Law 104-
106.--
(1) Section 533(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 315)
shall apply as if enacted as of December 31, 1995.
(2) The authority provided under section 942(f) of title
10, United States Code, shall be effective as if section 1142
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 467) had been enacted on
September 29, 1995.
(e) Amendments to Other Acts.--
(1) The last section of the Office of Federal Procurement
Policy Act (41 U.S.C. 434), as added by section 5202 of
Public Law 104-106 (110 Stat. 690), is redesignated as
section 38, and the item appearing after section 34 in the
table of contents in the first section of that Act is
transferred to the end of such table of contents and revised
so as to reflect such redesignation.
(2) Section 1412(g)(2) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)), is amended--
(A) in the matter preceding subparagraph (A), by striking
out ``shall contain--'' and inserting in lieu thereof ``shall
include the following:'';
(B) in subparagraph (A)--
(i) by striking out ``a'' before ``site-by-site'' and
inserting in lieu thereof ``A''; and
(ii) by striking out the semicolon at the end and inserting
in lieu thereof a period; and
(C) in subparagraphs (B) and (C), by striking out ``an'' at
the beginning of the subparagraph and and inserting in lieu
thereof ``An''.
(f) Coordination With Other Amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately before the other provisions
of this Act.
SEC. 1040. PROHIBITION ON CARRYING OUT SR-71 STRATEGIC
RECONNAISSANCE PROGRAM DURING FISCAL YEAR 1997.
The Secretary of Defense may not carry out any aerial
reconnaissance program during fiscal year 1997 using the SR-
71 aircraft.
SEC. 1041. DEFENSE BURDENSHARING.
(a) Findings.--Congress makes the following findings:
(1) Although the Cold War has ended, the United States
continues to spend billions of dollars to promote regional
security and to make preparations for regional contingencies.
(2) United States defense expenditures primarily promote
United States national security interests; however, they also
significantly contribute to the defense of our allies.
(3) In 1993, the gross domestic product of the United
States equaled $6,300,000,000,000, while the gross domestic
product of other NATO member countries totaled
$7,200,000,000,000.
(4) Over the course of 1993, the United States spent 4.7
percent of its gross domestic product on defense, while other
NATO members collectively spent 2.5 percent of their gross
domestic product on defense.
(5) In addition to military spending, foreign assistance
plays a vital role in the establishment and maintenance of
stability in other nations and in implementing the United
States national security strategy.
(6) This assistance has often prevented the outbreak of
conflicts which otherwise would have required costly military
interventions by the United States and our allies.
(7) From 1990-1993, the United States spent $59,000,000,000
in foreign assistance, a sum which represents an amount
greater than any other nation in the world.
(8) In 1995, the United States spent over $10,000,000,000
to promote European security, while European NATO nations
only contributed $2,000,000,000 toward this effort.
(9) With a smaller gross domestic product and a larger
defense budget than its European NATO allies, the United
States shoulders an unfair share of the burden of the common
defense.
(10) Because of this unfair burden, the Congress previously
voted to require United States allies to bear a greater share
of the costs incurred for keeping United States military
forces permanently assigned in their countries.
(11) As a result of this action, for example, Japan now
pays over 75 percent of the nonpersonnel costs incurred by
United States military forces permanently assigned there,
while our European allies pay for less than 25 percent of
these same costs. Japan signed a new Special Measures
Agreement this year which will increase Japan's contribution
toward the cost of stationing United States troops in Japan
by approximately $30,000,000 a year over the next five years.
(12) These increased contributions help to rectify the
imbalance in the burden shouldered by the United States for
the common defense.
(13) The relative share of the burden of the common defense
still falls too heavily on the United States, and our allies
should dedicate more of their own resources to defending
themselves.
(b) Efforts To Increase Allied Burdensharing.--The
President shall seek to have each nation that has cooperative
military relations with the United States (including security
agreements, basing arrangements, or mutual participation in
multinational military organizations or operations) take one
or more of the following actions:
(1) For any nation in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States Government for stationing
United States military personnel in that nation, with a goal
of achieving the following percentages of such costs:
(A) By September 30, 1997, 37.5 percent.
(B) By September 30, 1998, 50 percent.
(C) By September 30, 1999, 62.5 percent.
(D) By September 30, 2000, 75 percent.
An increase in financial contributions by any nation under
this paragraph may include
[[Page 1162]]
the elimination of taxes, fees, or other charges levied on
United States military personnel, equipment, or facilities
stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic
stabilization, transparency arrangements, defense economic
conversion, respect for the rule of law, and internationally
recognized human rights) by 10 percent or at least to a level
commensurate to that of the United States by September 30,
1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide, including United
Nations or regional peace operations.
(c) Authorities to Encourage Actions by United States
Allies.--In seeking the actions described in subsection (b)
with respect to any nation, or in response to a failure by
any nation to undertake one or more of such actions, the
President may take any of the following measures:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation taxes, fees, or other charges
similar to those that such nation imposes on United States
forces stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United
States bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(d) Report on Progress in Increasing Allied
Burdensharing.--Not later than March 1, 1997, the Secretary
of Defense shall submit to Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (b);
(2) all measures taken by the President, including those
authorized in subsection (c), to achieve the actions
described in subsection (b); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(e) Report on National Security Bases for Forward
Deployment and Burdensharing Relationships.--(1) In order to
ensure the best allocation of budgetary resources, the
President shall undertake a review of the status of elements
of the United States Armed Forces that are permanently
stationed outside the United States. The review shall include
an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the
rule of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the
review under paragraph (1). The report shall be submitted not
later than March 1, 1997, in classified and unclassified
form.
SEC. 1042. AUTHORITY TO TRANSPORT HEALTH PROFESSIONALS
SEEKING TO PROVIDE HEALTH-RELATED HUMANITARIAN
RELIEF SERVICES.
Section 402 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and
subject to paragraph (2), the Secretary of Defense may
transport to any country, without charge, health
professionals who are traveling in order to furnish health-
care related services as part of a humanitarian relief
activity. Such transportation may be provided only on an
invitational space-required noninterference basis.
``(2) Any expenses incurred as a direct result of providing
such transportation shall be paid out of funds specifically
appropriated to the Department of Defense for Overseas
Humanitarian, Disaster, and Civic Aid (OHDACA) programs of
the Department.''.
SEC. 1043. TREATMENT OF EXCESS DEFENSE ARTICLES OF COAST
GUARD UNDER FOREIGN ASSISTANCE ACT OF 1961.
(a) Definition of Excess Defense Article.--Section 644(g)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)) is
amended by adding at the end the following new sentence:
``Such term includes excess property of the Coast Guard.''.
(b) Conforming Amendment.--Section 517 of such Act (22
U.S.C. 2321k) is amended by striking out subsection (k).
SEC. 1044. FORFEITURE OF RETIRED PAY OF MEMBERS WHO ARE
ABSENT FROM THE UNITED STATES TO AVOID
PROSECUTION.
(a) Development of Forfeiture Procedures.--Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall develop uniform procedures under
which the Secretary of a military department may cause to be
forfeited the retired pay of a member or former member of the
uniformed services who willfully remains outside the United
States to avoid criminal prosecution or civil liability. The
types of offenses for which the procedures shall be used
shall include the offenses specified in section 8312 of title
5, United States Code, and such other criminal offenses and
civil proceedings as the Secretary of Defense considers to be
appropriate.
(b) Report to Congress.--The Secretary of Defense shall
submit to Congress a report describing the procedures
developed under subsection (a). The report shall include
recommendations regarding changes to existing law, including
section 8313 of title 5, United States Code, that the
Secretary determines are necessary to fully implement the
procedures.
(c) Retired Pay Defined.--In this section, the term
``retired pay'' means retired pay, retirement pay, retainer
pay, or equivalent pay, payable under a statute to a member
or former member of a uniformed service.
SEC. 1045. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives a report assessing the implementation and
success of the establishment of site-specific Integrated
Product and Process Teams as a management tool for the
Chemical Stockpile Emergency Preparedness Program.
(b) Contingent Mandated Reforms.--If at the end of the 120-
day period beginning on the date of the enactment of this Act
the Secretary of the Army and the Director of the Federal
Emergency Management Agency have been unsuccessful in
implementing a site-specific Integrated Product and Process
Team with each of the affected States, the Secretary of the
Army shall--
(1) assume full control and responsibility for the Chemical
Stockpile Emergency Preparedness Program (eliminating the
role of the Director of the Federal Emergency Management
Agency as joint manager of the program);
(2) establish programmatic agreement with each of the
affected States regarding program requirements,
implementation schedules, training and exercise requirements,
and funding (to include direct grants for program support);
(3) clearly define the goals of the program; and
(4) establish fiscal constraints for the program.
SEC. 1046. QUARTERLY REPORTS REGARDING COPRODUCTION
AGREEMENTS.
(a) Quarterly Reports on Coproduction Agreements.--Section
36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is
amended--
(1) by striking out ``and'' at the end of paragraph (10);
(2) by striking out the period at the end of paragraph (11)
and inserting in lieu thereof ``; and''; and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12) a report on all concluded government-to-government
agreements regarding foreign coproduction of defense articles
of United States origin and all other concluded agreements
involving coproduction or licensed production outside of the
United States of defense articles of United States origin
(including coproduction memoranda of understanding or
agreement) that have not been previously reported under this
subsection, which shall include--
``(A) the identity of the foreign countries, international
organizations, or foreign firms involved;
``(B) a description and the estimated value of the articles
authorized to be produced, and an estimate of the quantity of
the articles authorized to be produced;
``(C) a description of any restrictions on third party
transfers of the foreign-manufactured articles; and
``(D) if any such agreement does not provide for United
States access to and verification of quantities of articles
produced overseas and their disposition in the foreign
country, a description of alternative
[[Page 1163]]
measures and controls incorporated in the coproduction or
licensing program to ensure compliance with restrictions in
the agreement on production quantities and third party
transfers.''.
(b) Effective Date.--Paragraph (12) of section 36(a) of the
Arms Export Control Act, as added by subsection (a)(3), does
not apply with respect to an agreement described in such
paragraph entered into before the date of the enactment of
this Act.
SEC. 1047. FAILURE TO COMPLY WITH VETERANS' PREFERENCE
REQUIREMENTS TO BE TREATED AS A PROHIBITED
PERSONNEL PRACTICE.
(a) In General.--An employee of the Department of Defense
who has authority to take, direct others to take, recommend,
or approve any personnel action, shall not, with respect to
such authority, take or fail to take any personnel action
with respect to an employee or applicant for employment if
the taking of or failure to take such action would violate
any law, rule, or regulation implementing, or directly
concerning, veterans' preference.
(b) Effect of Noncompliance.--A failure to comply with
subsection (a) shall be treated as a prohibited personnel
practice.
(c) Reporting Requirement.--The Secretary of Defense shall,
not later than 6 months after the date of the enactment of
this Act, submit a written report to each House of Congress
with respect to--
(1) the implementation of this section; and
(2) the administration of veterans' preference requirements
by the Department of Defense generally.
(d) Definitions.--For the purpose of this section, the
terms ``personnel action'' and ``prohibited personnel
practice'' shall have the respective meanings given them by
section 2302 of title 5, United States Code.
SEC. 1048. SENSE OF CONGRESS AND PRESIDENTIAL REPORT
REGARDING NUCLEAR WEAPONS PROLIFERATION AND
POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) intelligence investigations by the United States have
revealed transfers from the People's Republic of China to
Pakistan of sophisticated equipment important to the
development of nuclear weapons;
(2) the People's Republic of China acceded to the Treaty on
the Non-Proliferation of Nuclear Weapons (hereafter in this
section referred to as the ``NPT'') as a nuclear-weapon state
on March 9, 1992;
(3) Article I of the NPT stipulates that a nuclear-weapon
state party to the treaty shall not in any way encourage,
assist, or induce any non-nuclear-weapon state to manufacture
or otherwise acquire nuclear weapons;
(4) the NPT establishes a non-nuclear-weapon state as one
which has not manufactured and exploded a nuclear weapon by
January 1, 1967;
(5) Pakistan had not manufactured and exploded a nuclear
weapon by January 1, 1967;
(6) Article III of the NPT requires each party to the
treaty not to provide to any non-nuclear-weapon state
equipment or material designed or prepared for the
processing, use, or production of special fissionable
material, unless the material is subject to the safeguards
stipulated in the treaty;
(7) Pakistan has not acceded to the NPT, and nuclear-
related equipment and material provided to Pakistan is not
subject to international safeguards;
(8) under the NPT, assisting a non-nuclear-weapon state to
acquire unsafeguarded nuclear material important to the
manufacture of nuclear weapons is a violation of Articles I
and III of the NPT;
(9) this transfer constitutes the latest example in a
consistent pattern of nuclear weapon-related exports by the
People's Republic of China to non-nuclear-weapon states in
violation of international treaties and agreements and United
States laws relating to the nonproliferation of nuclear
weapons;
(10) failure to enforce the applicable sanctions available
under United States law in this case compromises vital
security interests and undermines the credibility of United
States and international efforts to discourage commerce in
nuclear-related equipment, technology, and materials;
(11) recent claims by senior Chinese officials that the
Government of the People's Republic of China was unaware of
any transfers of ring magnets by a goverment-owned entity, if
true, call into question the reliability and effectiveness of
Chinese export controls; and
(12) recent exports of sophisticated nuclear-related
technologies reduce the credibility of previous assurances by
the People's Republic of China concerning its
nonproliferation policies since the ratification of the NPT.
(b) Sense of Congress.--It is the sense of the Congress
that in responding to the transfer from the People's Republic
of China to Pakistan of equipment important to the
development of a nuclear weapons program--
(1) the President should not have decided that there was
not a sufficient basis to warrant a determination that
sanctionable activity occurred under section 2(b)(4) of the
Export-Import Bank Act of 1945, as amended by section 825 of
the Nuclear Proliferation Prevention Act of 1994; and
(2) the President should have imposed the strongest
possible sanctions available under United States law on all
Chinese official and commercial entities associated directly
or indirectly with the research, development, sale,
transportation, or financing of any nuclear or military
industrial product or service made available for export since
March 9, 1992.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the
Congress a report on the response of the United States to the
transfer from the People's Republic of China to Pakistan of
equipment important to the development of a nuclear weapons
program. The President shall include in the report the
following:
(1) The specific justification of the Secretary of State
for determining that there was not sufficient basis for
imposing sanctions under section 2(b)(4) of the Export-Import
Bank Act of 1945, as amended by section 825 of the Nuclear
Proliferation Prevention Act of 1994, by reason of such
transfer from the People's Republic of China to Pakistan.
(2) What commitment the United States Government is seeking
from the People's Republic of China to ensure that the
People's Republic of China establishes a fully effective
export control system that will prevent transfers (such as
the Pakistan sale) from taking place in the future.
(3) Whether, in light of the recent assurances provided by
the People's Republic of China, the President intends to make
the certification and submit the report required by section
902(a)(6)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note), and make
the certification and submit the report required by Public
Law 99-183, relating to the approval and implementation of
the agreement for nuclear cooperation between the United
States and the People's Republic of China, and, if not, why
not.
(4) Whether the Secretary of State considers the recent
assurances and clarifications provided by the People's
Republic of China to have provided sufficient information to
allow the United States to determine that the People's
Republic of China is not in violation of paragraph (2) of
section 129 of the Atomic Energy Act of 1954, as required by
Public Law 99-183.
(5) If the President is unable or unwilling to make the
certifications and reports referred to in paragraph (3), a
description of what the President considers to be the
significance of the clarifications and assurances provided by
the People's Republic of China in the course of the recent
discussions regarding the transfer by the People's Republic
of China of nuclear-weapon-related equipment to Pakistan.
SEC. 1049. TRANSFER OF U.S.S. DRUM TO CITY OF VALLEJO,
CALIFORNIA.
(a) Transfer.--The Secretary of the Navy shall transfer the
U.S.S. Drum (SSN-677) to the city of Vallejo, California, in
accordance with this section and upon satisfactory completion
of a ship donation application. Before making such transfer,
the Secretary of the Navy shall remove from the vessel the
reactor compartment and other classified and sensitive
military equipment.
(b) Funding.--As provided in section 7306(c) of title 10,
United States Code, the transfer of the vessel authorized by
this section shall be made at no cost to the United States
(beyond the cost which the United States would otherwise
incur for dismantling and recycling of the vessel).
(c) Applicable Law.--The transfer under this section shall
be subject to subsection (b) of section 7306 of title 10,
United States Code, but the provisions of subsection (d) of
such section shall not be applicable to such transfer.
SEC. 1050. EVALUATION OF DIGITAL VIDEO NETWORK EQUIPMENT USED
IN OLYMPIC GAMES.
(a) Evaluation.--The Secretary of Defense shall evaluate
the digital video network equipment used in the 1996 Olympic
games to determine whether such equipment would be
appropriate for use as a test bed for the military
application of commercial off-the-shelf advanced technology
linking multiple continents, multiple satellites, and
multiple theaters of operations by compressed digital audio
and visual broadcasting technology.
(b) Report.--Not later than December 31, 1996, the
Secretary of Defense shall submit to Congress a report on the
results of the evaluation conducted under subsection (a).
SEC. 1051. MISSION OF THE WHITE HOUSE COMMUNICATIONS AGENCY.
The Secretary of Defense shall ensure that the activities
of the White House Communications Agency (or any successor
agency) in providing support services for the President from
funds appropriated for the Department of Defense for any
fiscal year (beginning with fiscal year 1997) are limited to
the provision of telecommunications support to the President
and Vice President and related elements (as defined in
regulations of that agency and specified by the President
with respect to particular individuals within those related
elements).
SEC. 1052. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer Naval Vessels.--The Secretary of
the Navy is authorized to transfer to other nations and
instrumentalities vessels as follows:
(1) Egypt.--To the Government of Egypt, the Oliver Hazard
Perry class frigate Gallery.
(2) Mexico.--To the Government of Mexico, the Knox class
frigates Stein (FF 1065) and Marvin Shields (FF 1066).
(3) New zealand.--To the Government of New Zealand, the
Stalwart class ocean surveillance ship Tenacious.
(4) Portugal.--To the Government of Portugal, the Stalwart
class ocean surveillance ship Audacious.
(5) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United
[[Page 1164]]
States (the Taiwan instrumentality designated pursuant to
section 10(a) of the Taiwan Relations Act)--
(A) the Knox class frigates Aylwin (FF 1081), Pharris (FF
1094), and Valdez (FF 1096); and
(B) the Newport class tank landing ship Newport (LST 1179).
(6) Thailand.--To the Government of Thailand, the Knox
class frigate Ouellet (FF 1077).
(b) Form of Transfer.--(1) Except as provided in paragraphs
(2) and (3), each transfer authorized by this section shall
be made on a sales basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761), relating to the foreign
military sales program.
(2) The transfer authorized by subsection (a)(4) shall be
made on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), relating to
transfers of excess defense articles.
(3) The transfer authorized by subsection (a)(5)(B) shall
be made on a lease basis under section 61 of the Arms Export
Control Act (22 U.S.C. 2796).
(c) Costs of Transfers.--Any expense of the United States
in connection with a transfer authorized by this section
shall be charged to the recipient.
(d) Expiration of Authority.--The authority granted by
subsection (a) shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
(e) Repair and Refurbishment of Vessels in United States
Shipyards.--The Secretary of the Navy shall require, to the
maximum extent possible, as a condition of a transfer of a
vessel under this section, that the country to which the
vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval
forces of that country, performed at a shipyard located in
the United States, including a United States Navy shipyard.
SEC. 1053. ANNUAL REPORT RELATING TO BUY AMERICAN ACT.
The Secretary of Defense shall submit to Congress, not
later than 60 days after the end of each fiscal year, a
report on the amount of purchases by the Department of
Defense from foreign entities in that fiscal year. Such
report shall separately indicate the dollar value of items
for which the Buy American Act (41 U.S.C. 10a et seq.) was
waived pursuant to any of the following:
(1) Any reciprocal defense procurement memorandum of
understanding described in section 849(c)(2) of Public Law
103-160 (41 U.S.C. 10b-2 note).
(2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.)
(3) Any international agreement to which the United States
is a party.
SEC. 1054. SENSE OF CONGRESS CONCERNING ASSISTING OTHER
COUNTRIES TO IMPROVE SECURITY OF FISSILE
MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is faced with
the need to manage the dismantling of vast numbers of nuclear
weapons and the disposition of the fissile materials that
they contain.
(2) If recently agreed reductions in nuclear weapons are
fully implemented, tens of thousands of nuclear weapons,
containing a hundred tons or more of plutonium and many
hundreds of tons of highly enriched uranium, will no longer
be needed for military purposes.
(3) Plutonium and highly enriched uranium are the essential
ingredients of nuclear weapons.
(4) Limits on access to plutonium and highly enriched
uranium are the primary technical barrier to acquiring
nuclear weapons capability in the world today.
(5) Several kilograms of plutonium, or several times that
amount of highly enriched uranium, are sufficient to make a
nuclear weapons.
(6) Plutonium and highly enriched uranium will continue to
pose a potential threat for as long as they exist.
(7) Action is required to secure and account for plutonium
and highly enriched uranium.
(8) It is in the national interest of the United States
to--
(A) minimize the risk that fissile materials could be
obtained by unauthorized parties;
(B) minimize the risk that fissile materials could be
reintroduced into the arsenals from which they came, halting
or reversing the arms reduction process; and
(C) strengthen the national and international control
mechanisms and incentives designed to ensure continued arms
reductions and prevent the spread of nuclear weapons.
(b) Sense of Congress.--In light of the findings contained
in subsection (a), it is the sense of Congress that the
United States has a national security interest in assisting
other countries to improve the security of their stocks of
fissile material.
SEC. 1055. SOUTHWEST BORDER STATES ANTI-DRUG INFORMATION
SYSTEM.
It is the sense of Congress that the Federal Government
should support and encourage the full utilization of the
Southwest Border States Anti-Drug Information System.
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of nuclear, chemical,
and other weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear
weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and defense
contacts.
SEC. 1102. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
Of the amount appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat
Reduction programs, not more than the following amounts may
be obligated for the purposes specified:
(1) For planning and design of a chemical weapons
destruction facility in Russia, $74,500,000.
(2) For elimination of strategic offensive weapons in
Russia, Ukraine, Belarus, and Kazakhstan, $52,000,000.
(3) For nuclear infrastructure elimination in Ukraine,
Belarus, and Kazakhstan, $47,000,000.
(4) For planning and design of a storage facility for
Russian fissile material, $46,000,000.
(5) For fissile material containers in Russia, $38,500,000.
(6) For weapons storage security in Russia, $15,000,000.
(7) For activities designated as Defense and Military-to-
Military Contacts in Russia, Ukraine, Belarus, and
Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Administrative Support $19,900,000.
SEC. 1103. PROHIBITION ON USE OF FUNDS FOR SPECIFIED
PURPOSES.
(a) In General.--None of the funds appropriated pursuant to
the authorization in section 301 for Cooperative Threat
Reduction programs, or appropriated for such programs for any
prior fiscal year and remaining available for obligation, may
be obligated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to this
or any other Act may be obligated or expended for the
provision of assistance to Russia or any other state of the
former Soviet Union to promote defense conversion, including
assistance through the Defense Enterprise Fund.
SEC. 1104. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS
ARE SUBMITTED.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended until 15 days after the
date which is the latest of the following:
(1) The date on which the President submits to Congress the
determinations required under subsection (c) of section 211
of Public Law 102-228 (22 U.S.C. 2551 note) with respect to
any certification transmitted to Congress under subsection
(b) of that section before the date of the enactment of this
Act.
(2) The date on which the Secretary of Defense submits to
Congress the first report under section 1206(a) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 471).
(3) The date on which the Secretary of Defense submits to
Congress the report for fiscal year 1997 required under
section 1205(c) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2883).
SEC. 1105. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for
three fiscal years.
TITLE XII--RESERVE FORCES REVITALIZATION
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Reserve Forces
Revitalization Act of 1996''.
SEC. 1202. PURPOSE.
The purpose of this title is to revise the basic statutory
authorities governing the organization and administration of
the reserve components of the Armed Forces in order to
recognize the realities of reserve component partnership in
the Total Force and to better prepare the American citizen-
soldier, sailor, airman, and Marine in time of peace for
duties in war.
Subtitle A--Reserve Component Structure
SEC. 1211. RESERVE COMPONENT COMMANDS.
(a) Establishment.--(1) Part I of subtitle E of title 10,
United States Code, is amended by inserting after chapter
1005 the following new chapter:
``CHAPTER 1006--RESERVE COMPONENT COMMANDS
``Sec.
``10171. Army Reserve Command.
[[Page 1165]]
``10172. Naval Reserve Force.
``10173. Marine Forces Reserve.
``10174. Air Force Reserve Command.
``Sec. 10171. Army Reserve Command
``(a) Establishment of Command.--The Secretary of the Army,
with the advice and assistance of the Chief of Staff of the
Army, shall establish a United States Army Reserve Command.
The Army Reserve Command shall be operated as a separate
command of the Army.
``(b) Commander.--The Chief of Army Reserve is the
commander of the Army Reserve Command. The commander of the
Army Reserve Command reports directly to the Chief of Staff
of the Army.
``(c) Assignment of Forces.--The Secretary of the Army--
``(1) shall assign to the Army Reserve Command all forces
of the Army Reserve stationed in the continental United
States other than forces assigned to the unified combatant
command for special operations forces established pursuant to
section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Army specified in section 3013 of
this title, shall assign all such forces assigned to the Army
Reserve Command under paragraph (1) to the commanders of the
combatant commands in the manner specified by the Secretary
of Defense.
``Sec. 10172. Naval Reserve Force
``(a) Establishment of Command.--The Secretary of the Navy,
with the advice and assistance of the Chief of Naval
Operations, shall establish a Naval Reserve Force. The Naval
Reserve Force shall be operated as a separate command of the
Navy.
``(b) Commander.--The Chief of Naval Reserve shall be the
commander of the Naval Reserve Force. The commander of the
Naval Reserve Force reports directly to the Chief of Naval
Operations.
``(c) Assignment of Forces.--The Secretary of the Navy--
``(1) shall assign to the Naval Reserve Force specified
portions of the Naval Reserve other than forces assigned to
the unified combatant command for special operations forces
established pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Navy specified in section 5013 of
this title, shall assign to the combatant commands all such
forces assigned to the Naval Reserve Force under paragraph
(1) in the manner specified by the Secretary of Defense.
``Sec. 10173. Marine Forces Reserve
``(a) Establishment.--The Secretary of the Navy, with the
advice and assistance of the Commandant of the Marine Corps,
shall establish in the Marine Corps a command known as the
Marine Forces Reserve.
``(b) Commander.--The Marine Forces Reserve is commanded by
the Commander, Marine Forces Reserve. The Commander, Marine
Forces Reserve, reports directly to the Commandant of the
Marine Corps.
``(c) Assignment of Forces.--The Commandant of the Marine
Corps--
``(1) shall assign to the Marine Forces Reserve the forces
of the Marine Corps Reserve stationed in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Navy specified in section 5013 of
this title, shall assign to the combatant commands (through
the Marine Corps component commander for each such command)
all such forces assigned to the Marine Forces Reserve under
paragraph (1) in the manner specified by the Secretary of
Defense.
``Sec. 10174. Air Force Reserve Command
``(a) Establishment of Command.--The Secretary of the Air
Force, with the advice and assistance of the Chief of Staff
of the Air Force, shall establish an Air Force Reserve
Command. The Air Force Reserve Command shall be operated as a
separate command of the Air Force.
``(b) Commander.--The Chief of Air Force Reserve is the
Commander of the Air Force Reserve Command. The commander of
the Air Force Reserve Command reports directly to the Chief
of Staff of the Air Force.
``(c) Assignment of Forces.--The Secretary of the Air
Force--
``(1) shall assign to the Air Force Reserve Command all
forces of the Air Force Reserve stationed in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Air Force specified in section 8013
of this title, shall assign to the combatant commands all
such forces assigned to the Air Force Reserve Command under
paragraph (1) in the manner specified by the Secretary of
Defense.''.
(2) The tables of chapters at the beginning of part I of
such subtitle and at the beginning of such subtitle are each
amended by inserting after the item relating to chapter 1005
the following new item:
``1006. Reserve Component Commands.........................10171''.....
(b) Conforming Repeal.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note)
is repealed.
(c) Implementation Schedule.--Implementation of chapter
1006 of title 10, United States Code, as added by subsection
(a), shall begin not later than 90 days after the date of the
enactment of this Act and shall be completed not later than
one year after such date.
SEC. 1212. RESERVE COMPONENT CHIEFS.
(a) Chief of Army Reserve.--Section 3038 of title 10,
United States Code, is amended by adding at the end the
following new subsections:
``(d) Budget.--The Chief of Army Reserve is the official
within the executive part of the Department of the Army who,
subject to the authority, direction, and control of the
Secretary of the Army and the Chief of Staff, is responsible
for justification and execution of the personnel, operation
and maintenance, and construction budgets for the Army
Reserve. As such, the Chief of Army Reserve is the director
and functional manager of appropriations made for the Army
Reserve in those areas.
``(e) Full-Time Support Program.--The Chief of Army Reserve
manages, with respect to the Army Reserve, the personnel
program of the Department of Defense known as the Full Time
Support Program.
``(f) Annual Report.--(1) The Chief of Army Reserve shall
submit to the Secretary of Defense, through the Secretary of
the Army, an annual report on the state of the Army Reserve
and the ability of the Army Reserve to meet its missions. The
report shall be prepared in conjunction with the Chief of
Staff of the Army and may be submitted in classified and
unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Chief of Army Reserve under paragraph (1) to
Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be
transmitted at the same time each year that the annual report
of the Secretary under section 113 of this title is submitted
to Congress.''.
(b) Chief of Naval Reserve.--(1) Chapter 513 of such title
is amended by inserting after section 5142a the following new
section:
``Sec. 5143. Office of Naval Reserve: appointment of Chief
``(a) Establishment of Office: Chief of Naval Reserve.--
There is in the executive part of the Department of the Navy,
on the staff of the Chief of Naval Operations, an Office of
the Naval Reserve, which is headed by a Chief of Naval
Reserve. The Chief of Naval Reserve--
``(1) is the principal adviser on Naval Reserve matters to
the Chief of Naval Operations; and
``(2) is the commander of the Naval Reserve Force.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Chief of Naval
Reserve from officers who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Grade.--(1) The Chief of Naval Reserve holds office
for a term determined by the Chief of Naval Operations,
normally four years, but may be removed for cause at any
time. He is eligible to succeed himself.
``(2) The Chief of Naval Reserve, while so serving, has a
grade above rear admiral (lower half), without vacating the
officer's permanent grade.
``(d) Budget.--The Chief of Naval Reserve is the official
within the executive part of the Department of the Navy who,
subject to the authority, direction, and control of the
Secretary of the Navy and the Chief of Naval Operations, is
responsible for preparation, justification, and execution of
the personnel, operation and maintenance, and construction
budgets for the Naval Reserve. As such, the Chief of Naval
Reserve is the director and functional manager of
appropriations made for the Naval Reserve in those areas.
``(e) Annual Report.--(1) The Chief of Naval Reserve shall
submit to the Secretary of Defense, through the Secretary of
the Navy, an annual report on the state of the Naval Reserve
and the ability of the Naval Reserve to meet its missions.
The report shall be prepared in conjunction with the Chief of
Naval Operations and may be submitted in classified and
unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Chief of Naval Reserve under paragraph (1) to
Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be
transmitted at the same time each year that the annual report
of the Secretary under section 113 of this title is submitted
to Congress.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
5142a the following new item:
``5143. Office of Naval Reserve: appointment of Chief.''.
(c) Chief of Marine Forces Reserve.--(1) Chapter 513 of
such title is amended by inserting after section 5143 (as
added by subsection (b)) the following new section:
[[Page 1166]]
``Sec. 5144. Office of Marine Forces Reserve: appointment of
Commander
``(a) Establishment of Office; Commander, Marine Forces
Reserve.--There is in the executive part of the Department of
the Navy an Office of the Marine Forces Reserve, which is
headed by the Commander, Marine Forces Reserve. The
Commander, Marine Forces Reserve is the principal adviser to
the Commandant on Marine Forces Reserve matters.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Commander,
Marine Forces Reserve, from officers of the Marine Corps
who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above colonel; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Term of Office; Grade.--(1) The Commander, Marine
Forces Reserve, holds office for a term determined by the
Commandant of the Marine Corps, normally four years, but may
be removed for cause at any time. He is eligible to succeed
himself.
``(2) The Commander, Marine Forces Reserve, while so
serving, has a grade above brigadier general, without
vacating the officer's permanent grade.
``(d) Annual Report.--(1) The Commander, Marine Forces
Reserve, shall submit to the Secretary of Defense, through
the Secretary of the Navy, an annual report on the state of
the Marine Corps Reserve and the ability of the Marine Corps
Reserve to meet its missions. The report shall be prepared in
conjunction with the Commandant of the Marine Corps and may
be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Commander, Marine Forces Reserve, under
paragraph (1) to Congress, together with such comments on the
report as the Secretary considers appropriate. The report
shall be transmitted at the same time each year that the
annual report of the Secretary under section 113 of this
title is submitted to Congress.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
5143 (as added by subsection (b)) the following new item:
``5144. Office of Marine Forces Reserve: appointment of Commander.''.
(d) Chief of Air Force Reserve.--Section 8038 of such title
is amended by adding at the end the following new
subsections:
``(d) Budget.--The Chief of Air Force Reserve is the
official within the executive part of the Department of the
Air Force who, subject to the authority, direction, and
control of the Secretary of the Air Force and the Chief of
Staff, is responsible for preparation, justification, and
execution of the personnel, operation and maintenance, and
construction budgets for the Air Force Reserve. As such, the
Chief of Air Force Reserve is the director and functional
manager of appropriations made for the Air Force Reserve in
those areas.
``(e) Full Time Support Program.--(1) The Chief of Air
Force Reserve manages, with respect to the Air Force Reserve,
the personnel program of the Department of Defense known as
the Full Time Support Program.
``(f) Annual Report.--(1) The Chief of Air Force Reserve
shall submit to the Secretary of Defense, through the
Secretary of the Air Force, an annual report on the state of
the Air Force Reserve and the ability of the Air Force
Reserve to meet its missions. The report shall be prepared in
conjunction with the Chief of Staff of the Air Force and may
be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Chief of Air Force Reserve under paragraph (1)
to Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be
transmitted at the same time each year that the annual report
of the Secretary under section 113 of this title is submitted
to Congress.''.
(e) Conforming Amendment.--Section 641(1)(B) of such title
is amended by inserting ``5143, 5144,'' after ``3038,''.
SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG
OFFICER AUTHORIZATIONS.
(a) Report to Congress.--Not later than six months after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report containing any
recommendations of the Secretary (together with the rationale
of the Secretary for the recommendations) concerning the
following:
(1) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(2) Statutory designation of the positions and grades of
any additional general and flag officers in the commands and
offices created by sections 1211 and 1212.
(b) Matters To Be Included.--The Secretary shall include in
the report under subsection (a) the Secretary's views on
whether current limitations referred to in subsection (a)--
(1) permit the Secretaries of the military departments, in
view of increased requirements for assignment of general and
flag officers in positions external to their organic
services, to meet adequately both internal and external
requirements for general and flag officers;
(2) adequately recognize the significantly increased role
of the reserve components in both service-specific and joint
operations; and
(3) permit the Secretaries of the military departments and
reserve components to assign general and flag officers to
active and reserve component positions with grades
commensurate with the scope of duties and responsibilities of
the position.
(c) Exemptions From Active-Duty Ceilings.--(1) The
Secretary shall include in the report under subsection (a)
the Secretary's recommendations regarding the merits of
exempting from any active-duty ceiling (established by law or
administrative action) the following officers:
(A) Reserve general and flag officers assigned to positions
specified in the organizations created by this title.
(B) Reserve general and flag officers serving on active
duty, but who are excluded from the active-duty list.
(2) If the Secretary determines under paragraph (1) that
any Reserve general or flag officers should be exempt from
active duty limits, the Secretary shall include in the report
under subsection (a) the Secretary's recommendations for--
(A) the effective management of those Reserve general and
flag officers; and
(B) revision of active duty ceilings so as to prevent an
increase in the numbers of active general and flag officers
authorizations due solely to the removal of Reserve general
and flag officers from under the active duty authorizations.
(3) If the Secretary determines under paragraph (1) that
active and reserve general officers on active duty should
continue to be managed under a common ceiling, the Secretary
shall make recommendations for the appropriate apportionment
of numbers for general and flag officers among active and
reserve officers.
(d) Reserve Forces Policy Board Participation.--The
Secretary of Defense shall ensure that the Reserve Forces
Policy Board participates in the internal Department of
Defense process for development of the recommendations of the
Secretary contained in the report under subsection (a). If
the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary
shall transmit them to Congress, with the report, in the same
form as that in which they were submitted to the Secretary.
(e) GAO Review.--The Comptroller General of the United
States shall assess the criteria used by the Secretary of
Defense to develop recommendations for purposes of the report
under this section and shall submit to Congress, not later
than 30 days after the date on which the report of the
Secretary under this section is submitted, a report setting
forth the Comptroller General's conclusions concerning the
adequacy and completeness of the recommendations made by the
Secretary in the report.
SEC. 1214. GUARD AND RESERVE TECHNICIANS.
(a) In General.--Section 10216 of title 10, United States
Code, as amended by section 413, is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting after the section heading the following
new subsection (a):
``(a) In General.--Military technicians are Federal
civilian employees hired under title 5 and title 32 who are
required to maintain dual-status as drilling reserve
component members as a condition of their Federal civilian
employment. Such employees shall be authorized and accounted
for as a separate category of dual-status civilian employees,
exempt as specified in subsection (b)(3) from any general or
regulatory requirement for adjustments in Department of
Defense civilian personnel.''; and
(3) in paragraph (3) of subsection (b), as redesignated by
paragraph (1), by striking out ``in high-priority units and
organizations specified in paragraph (1)''.
Subtitle B--Reserve Component Accessibility
SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IMPROVE NATIONAL
GUARD AND RESERVE ABILITY TO RESPOND TO
EMERGENCIES.
(a) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report regarding reserve component
responsiveness to both domestic emergencies and national
contingency operations. The report shall set forth the
measures taken, underway, and projected to be taken to
improve the timeliness, adequacy, and effectiveness of
reserve component responses to such emergencies and
operations.
(b) Matters Related to Responsiveness to Domestic
Emergencies.--The report shall address the following:
(1) The need to expand the time period set by section
12301(b) of title 10, United States Code, which permits the
involuntary recall at any time to active duty of units and
individuals for up to 15 days per year.
(2) The recommendations of the 1995 report of the RAND
Corporation entitled ``Assessing the State and Federal
Missions of the National Guard'', as follows:
(A) That Federal law be clarified and amended to authorize
Presidential use of the Federal reserves of all military
services for domestic emergencies and disasters without any
time constraint.
(B) That the Secretary of Defense develop and support
establishment of an appropriate national level compact for
interstate sharing of resources, including the domestic
capabilities of the national guards of the States, during
emergencies and disasters.
[[Page 1167]]
(C) That Federal level contingency stocks be created to
support the National Guard in domestic disasters.
(D) That Federal funding and regulatory support be provided
for Federal-State disaster emergency response planning
exercises.
(c) Matters Related to Presidential Reserve Call-Up
Authority.--The report under this section shall specifically
address matters related to the authority of the President to
activate for service on active duty units and members of
reserve components under sections 12301, 12302, and 12304 of
title 10, United States Code, including--
(1) whether such authority is adequate to meet the full
range of reserve component missions for the 21st century,
particularly with regard to the time periods for which such
units and members may be on active duty under those
authorities and the ability to activate both units and
individual members; and
(2) whether the three-tiered set of statutory authorities
(under such sections 12301, 12302, and 12304) should be
consolidated, modified, or in part eliminated in order to
facilitate current and future use of Reserve units and
individual reserve component members for a broader range of
missions, and, if so, in what manner.
(d) Matters Related to Release From Active Duty.--The
report under this section shall include findings and
recommendations (based upon a review of current policies and
procedures) concerning procedures for release from active
duty of units and members of reserve components who have been
involuntarily called or ordered to active duty under section
12301, 12302, or 12304 of title 10, United States Code, with
specific recommendations concerning the desirability of
statutory provisions to--
(1) establish specific guidelines for when it is
appropriate (or inappropriate) to retain on active duty such
reserve component units when active component units are
available to perform the mission being performed by the
reserve component unit;
(2) minimize the effects of frequent mobilization of the
civilian employers, as well as the effects of frequent
mobilization on recruiting and retention in the reserve
components; and
(3) address other matters relating to the needs of such
members of reserve components, their employers, and (in the
case of such members who own businesses) their employees,
while such members are on active duty.
(e) Reserve Forces Policy Board Participation.--The
Secretary of Defense shall ensure that the Reserve Forces
Policy Board participates in the internal Department of
Defense process for development of the recommendations of the
Secretary contained in the report under subsection (a). If
the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary
shall transmit them to Congress, with the report, in the same
form as that in which they were submitted to the Secretary.
(f) GAO Review.--The Comptroller General of the United
States shall assess the criteria used by the Secretary of
Defense to develop recommendations for purposes of the report
under this section and shall submit to Congress, not later
than 30 days after the date on which the report of the
Secretary under this section is submitted, a report setting
forth the Comptroller General's conclusions concerning the
adequacy and completeness of the recommendations made by the
Secretary in the report.
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX INCENTIVES FOR
EMPLOYERS OF MEMBERS OF RESERVE COMPONENTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to provide tax
incentives to employers of members of reserve components in
order to compensate employers for absences of those employees
due to required training and for absences due to performance
of active duty.
SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME INSURANCE
PROGRAM FOR ACTIVATED RESERVISTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth legislative recommendations for changes
to chapter 1214 of title 10, United States Code. Such
recommendations shall in particular provide, in the case of a
mobilized member who owns a business, income replacement for
that business and for employees of that member or business
who have a loss of income during the period of such
activation attributable to the activation of the member.
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL BUSINESS LOANS
FOR MEMBERS RELEASED FROM RESERVE SERVICE
DURING CONTINGENCY OPERATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to establish a
small business loan program to provide members of reserve
components who are ordered to active duty or active Federal
service (other than for training) during a contingency
operation (as defined in section 101 of title 10, United
States Code) low-cost loans to assist those members in
retaining or rebuilding businesses that were affected by
their service on active duty or in active Federal service.
Subtitle C--Reserve Forces Sustainment
SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF
NONREIMBURSABLE EXPENSES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to restore the
tax deductibility of nonreimbursable expenses incurred by
members of reserve components in connection with military
service.
SEC. 1252. CODIFICATION OF ANNUAL AUTHORITY TO PAY TRANSIENT
HOUSING CHARGES OR PROVIDE LODGING IN KIND FOR
MEMBERS PERFORMING ACTIVE DUTY FOR TRAINING OR
INACTIVE-DUTY TRAINING.
(a) Codification.--Section 404(j) of title 37, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``annual training duty'' and inserting
in lieu thereof ``active duty for training''; and
(B) by striking out ``the Secretary concerned may'' and all
that follows through the period and inserting in lieu thereof
the following ``the Secretary concerned--
``(A) may reimburse the member for housing service charge
expenses incurred by the member in occupying transient
government housing during the performance of such duty; or
``(B) if transient government quarters are unavailable, may
provide the member with contract quarters as lodging in kind
as if the member were entitled to such an allowance under
subsection (a).''; and
(2) in paragraph (3), by inserting ``and expenses for
contract quarters'' after ``service charge expenses''.
(b) Conforming Repeal.--Section 8057 of the Department of
Defense Appropriations Act, 1996 (Public Law 104-61; 109
Stat. 663), is repealed.
SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS ALLOWANCE
DURING SERVICE ON ACTIVE DUTY FOR TRAINING.
It is the sense of Congress that the United States should
continue to pay members of reserve components appropriate
quarters allowances during periods of service on active duty
for training.
SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY LEAVE
POLICY.
It is the sense of Congress that military leave policies in
effect as of the date of the enactment of this Act with
respect to members of the reserve components should not be
changed.
SEC. 1255. COMMENDATION OF RESERVE FORCES POLICY BOARD.
(a) Commendation.--The Congress commends the Reserve Forces
Policy Board, created by the Armed Forces Reserve Act of 1952
(Public Law 82-476), for its fine work in the past as an
independent source of advice to the Secretary of Defense on
all matters pertaining to the reserve components.
(b) Sense of Congress.--It is the sense of Congress that
the Reserve Forces Policy Board and the reserve forces policy
committees for the individual branches of the Armed Forces
should continue to perform the vital role of providing the
civilian leadership of the Department of Defense with
independent advice on matters pertaining to the reserve
components.
SEC. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE DUTY
SERVICE AND RESERVE SERVICE.
No later than six months after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report providing recommendations for changes in law that the
Secretary considers necessary, feasible, and affordable to
reduce the disparities in pay and benefits that occur between
active component members of the Armed Forces and reserve
component members as a result of eligibility based on length
of time on active duty.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Miscellaneous Matters
SEC. 1301. ONE-YEAR EXTENSION OF COUNTER-
PROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (title XV of Public Law 102-484; 22 U.S.C. 5859a) is
amended--
(1) in subsection (d)(3), by striking out ``or'' after
``fiscal year 1995,'' and by inserting ``, or $15,000,000 for
fiscal year 1997'' before the period at the end; and
(2) in subsection (f), by striking out ``1996'' and
inserting in lieu thereof ``1997''.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Limitation on Use of Funds.--Funds available to the
Department of Defense may not be obligated or expended during
fiscal year 1997 for retiring or dismantling, or for
preparing to retire or dismantle, any of the strategic
nuclear delivery systems specified in subsection (b).
(b) Specified Systems.--Subsection (a) applies with respect
to the following systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
SEC. 1303. CERTIFICATION REQUIRED BEFORE OBSERVANCE OF
MORATORIUM ON USE BY ARMED FORCES OF
ANTIPERSONNEL LANDMINES.
Any moratorium imposed by law (whether enacted before, on,
or after the date of the
[[Page 1168]]
enactment of this Act) on the use of antipersonnel landmines
by the Armed Forces may be implemented only if (and after)
the Secretary of Defense, after consultation with the
Chairman of the Joint Chiefs of Staff, certifies to Congress
that--
(1) the moratorium will not adversely affect the ability of
United States forces to defend against attack on land by
hostile forces; and
(2) the Armed Forces have systems that are effective
substitutes for antipersonnel landmines.
SEC. 1304. DEPARTMENT OF DEFENSE DEMINING PROGRAM.
Section 401(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In the case of assistance described in subsection
(e)(5), expenses that may be paid out of funds appropriated
pursuant to paragraph (1) include--
``(A) expenses for travel, transportation, and subsistence
of members of the armed forces participating in activities
described in that subsection; and
``(B) the cost of equipment, supplies, and services
acquired for the purpose of carrying out or directly
supporting activities described in that subsection.''.
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S
REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall prepare a
report, in both classified and unclassified form, on the
future pattern of military modernization of the People's
Republic of China. The report shall address both the probable
course of military-technological development in the People's
Liberation Army and the development of Chinese military
strategy and operational concepts.
(b) Matters To Be Included.--The report shall include
analyses and forecasts of the following:
(1) Trends that would lead the People's Republic of China
toward the development of advanced intelligence,
surveillance, and reconnaissance capabilities, including
gaining access to commercial or third-party systems with
military significance.
(2) Efforts by the People's Republic of China to develop
highly accurate and stealthy ballistic and cruise missiles,
particularly in numbers sufficient to conduct attacks capable
of overwhelming projected defense capabilities in the region.
(3) Development by the People's Republic of China of
command and control networks, particularly those capable of
battle management of long-range precision strikes.
(4) Programs of the People's Republic of China involving
unmanned aerial vehicles, particularly those with extended
ranges or loitering times.
(5) Exploitation by the People's Republic of China of the
Global Positioning System or other similar systems for
military purposes, including commercial land surveillance
satellites, particularly those signs indicative of an attempt
to increase accuracy of weapons or situational awareness of
operating forces.
(6) Development by the People's Republic of China of
capabilities for denial of sea control, such as advanced sea
mines or improved submarine capabilities.
(7) Continued development by the People's Republic of China
of follow-on forces, particularly those capable of rapid air
or amphibious assault.
(c) Submission of Report.--The report shall be submitted to
Congress not later than February 1, 1997.
SEC. 1306. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT
DEFENSE CONVERSION COMMISSION.
None of the funds appropriated or otherwise available for
the Department of Defense for fiscal year 1997 or any prior
fiscal year may be obligated or expended for any activity
associated with the United States-People's Republic of China
Joint Defense Conversion Commission until 15 days after the
date on which the first semiannual report required by section
1343 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 487) is received by
Congress.
SEC. 1307. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN
GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS FOR
DEFENSE PURPOSES.
Section 2608(a) of title 10, United States Code, is amended
by inserting before the period at the end the following:
``and may accept from any foreign government or international
organization any contribution of services made by such
foreign government or international organization for use by
the Department of Defense''.
SEC. 1308. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF
NATIONAL INTELLIGENCE ESTIMATE 95-19
(a) Review.--The Director of Central Intelligence shall
conduct a review of the underlying assumptions and
conclusions of the National Intelligence Estimate designated
as NIE 95-19 and entitled ``Emerging Missile Threats to North
America During the Next 15 Years'', released by the Director
in November 1995.
(b) Methodology for Review.--The Director shall carry out
the review under subsection (a) through a panel of
independent, nongovernmental individuals with appropriate
expertise and experience. Such a panel shall be convened by
the Director not later than 45 days after the date of the
enactment of this Act.
(c) Report.--The Director shall submit the findings
resulting from the review under subsection (a), together with
any comments of the Director on the review and the findings,
to Congress not later than three months after the appointment
of the Commission under section 1321.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the
Ballistic Missile Threat to the United States'' (hereinafter
in this subtitle referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine
members appointed by the Director of Central Intelligence. In
selecting individuals for appointment to the Commission, the
Director should consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) minority leader of the House of Representatives and the
minority leader of the Senate concerning the appointment of
three of the members of the Commission.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in the political and military aspects
of proliferation of ballistic missiles and the ballistic
missile threat to the United States.
(d) Chairman.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission
to serve as chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than
45 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date as of which all members of
the Commission have been appointed, but not earlier than
October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission
shall assess the nature and magnitude of the existing and
emerging ballistic missile threat to the United States.
(b) Cooperation from Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of
Central Intelligence, and any other United States Government
official responsible for providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to the Congress a report on
its findings and conclusions.
SEC. 1324. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this subtitle, hold hearings,
sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency,
and any other Federal department or agency information that
the Commission considers necessary to enable the Commission
to carry out its responsibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for
the purpose of carrying out the Commission's duties. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel ex
[[Page 1169]]
penses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable
for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Director of Central Intelligence shall furnish the
Commission, on a reimbursable basis, any administrative and
support services requested by the Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided
from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 1997. Upon receipt of a written certification
from the Chairman of the Commission specifying the funds
required for the activities of the Commission, the Secretary
of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated
in such certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report.
TITLE XIV--SIKES ACT IMPROVEMENT
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Sikes Act Improvement
Amendments of 1996''.
SEC. 1402. DEFINITION OF SIKES ACT FOR PURPOSES OF
AMENDMENTS.
In this title, the term ``Sikes Act'' means the Act
entitled ``An Act to promote effectual planning, development,
maintenance, and coordination of wildlife, fish, and game
conservation and rehabilitation in military reservations'',
approved September 15, 1960 (16 U.S.C. 670a et seq.),
commonly referred to as the ``Sikes Act''.
SEC. 1403. CODIFICATION OF SHORT TITLE OF ACT.
The Sikes Act (16 U.S.C. 670a et seq.) is amended by
inserting before title I the following new section:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Sikes Act'.''.
SEC. 1404. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS.
(a) Plans Required.--Section 101(a) of the Sikes Act (16
U.S.C. 670a(a)) is amended--
(1) by striking out ``is authorized to'' and inserting in
lieu thereof ``shall'';
(2) by striking out ``in each military reservation in
accordance with a cooperative plan'' and inserting in lieu
thereof the following: ``on military installations. Under the
program, the Secretary shall prepare and implement for each
military installation in the United States an integrated
natural resource management plan'';
(3) by inserting after ``reservation is located'' the
following: ``, except that the Secretary is not required to
prepare such a plan for a military installation if the
Secretary determines that preparation of such a plan for the
installation is not appropriate''; and
(4) by inserting ``(1)'' after ``(a)'' and adding at the
end the following new paragraph:
``(2) Consistent with essential military requirements to
enhance the national security of the United States, the
Secretary of Defense shall manage each military installation
to provide--
``(A) for the conservation of fish and wildlife on the
military installation and sustained multipurpose uses of
those resources, including hunting, fishing, and trapping;
and
``(B) public access that is necessary or appropriate for
those uses.''.
(b) Conforming Amendments.--Title I of the Sikes Act is
amended--
(1) in section 101(b) (16 U.S.C. 670a(b)), in the matter
preceding paragraph (1) by striking out ``cooperative plan''
and inserting in lieu thereof ``integrated natural resource
management plan'';
(2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by
striking out ``cooperative plan'' each place it appears and
inserting in lieu thereof ``integrated natural resource
management plan'';
(3) in section 101(c) (16 U.S.C. 670a(c)), in the matter
preceding paragraph (1) by striking out ``a cooperative
plan'' and inserting in lieu thereof ``an integrated natural
resource management plan'';
(4) in section 101(d) (16 U.S.C. 670a(d)), in the matter
preceding paragraph (1) by striking out ``cooperative plans''
and inserting in lieu thereof ``integrated natural resource
management plans'';
(5) in section 101(e) (16 U.S.C. 670a(e)), by striking out
``Cooperative plans'' and inserting in lieu thereof
``Integrated natural resource management plans'';
(6) in section 102 (16 U.S.C. 670b), by striking out ``a
cooperative plan'' and inserting in lieu thereof ``an
integrated natural resource management plan'';
(7) in section 103 (16 U.S.C. 670c), by striking out ``a
cooperative plan'' and inserting in lieu thereof ``an
integrated natural resource management plan'';
(8) in section 106(a) (16 U.S.C. 670f(a)), by striking out
``cooperative plans'' and inserting in lieu thereof
``integrated natural resource management plans''; and
(9) in section 106(c) (16 U.S.C. 670f(c)), by striking out
``cooperative plans'' and inserting in lieu thereof
``integrated natural resource management plans''.
(c) Contents of Plans.--Section 101(b) of the Sikes Act (16
U.S.C. 670a(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking out ``and'' after the
semicolon;
(B) in subparagraph (D), by striking out the semicolon at
the end and inserting in lieu thereof a comma; and
(C) by adding at the end the following new subparagraphs:
``(E) wetland protection and restoration, and wetland
creation where necessary, for support of fish or wildlife,
``(F) consideration of conservation needs for all
biological communities, and
``(G) the establishment of specific natural resource
management goals, objectives, and time-frames for proposed
actions;'';
(2) by striking out paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) shall for the military installation for which it is
prepared--
``(A) address the needs for fish and wildlife management,
land management, forest management, and wildlife-oriented
recreation,
``(B) ensure the integration of, and consistency among, the
various activities conducted under the plan,
``(C) ensure that there is no net loss in the capability of
installation lands to support the military mission of the
installation,
``(D) provide for sustained use by the public of natural
resources, to the extent that such use is not inconsistent
with the military mission of the installation or the needs of
fish and wildlife management,
``(E) provide the public access to the installation that is
necessary or appropriate for that use, to the extent that
access is not inconsistent with the military mission of the
installation, and
``(F) provide for professional enforcement of natural
resource laws and regulations;''; and
(5) in paragraph (4)(A), by striking out ``collect the fees
therefor,'' and inserting in lieu thereof ``collect, spend,
administer, and account for fees therefor,''.
(d) Public Comment.--Section 101 of the Sikes Act (16
U.S.C. 670a) is amended by adding at the end the following
new subsection:
``(f) Public Comment.--The Secretary of Defense shall
provide an opportunity for public comment on each integrated
natural resource management plan prepared under subsection
(a).''.
SEC. 1405. REVIEW FOR PREPARATION OF INTEGRATED NATURAL
RESOURCE MANAGEMENT PLANS.
(a) Review of Military Installations.--
(1) Review.--The Secretary of each military department
shall, by not later than nine months after the date of the
enactment of this Act--
(A) review each military installation in the United States
that is under the jurisdiction of that Secretary to determine
the military installations for which the preparation of an
integrated natural resource management plan under section 101
of the Sikes Act, as amended by this title, is appropriate;
and
(B) submit to the Secretary of Defense a report on those
determinations.
(2) Report to congress.--The Secretary of Defense shall, by
not later than 12 months after the date of the enactment of
this Act, submit to the Congress a report on the reviews
conducted under paragraph (1). The report shall include--
(A) a list of those military installations reviewed under
paragraph (1) for which the Secretary of Defense determines
the preparation of an integrated natural resource management
plan is not appropriate; and
(B) for each of the military installations listed under
subparagraph (A), an explanation of the reasons such a plan
is not appropriate.
[[Page 1170]]
(b) Deadline for Integrated Natural Resource Management
Plans.--Not later than two years after the date of the
submission of the report required under subsection (a)(2),
the Secretary of Defense shall, for each military
installation for which the Secretary has not determined under
subsection (a)(2)(A) that preparation of an integrated
natural resource management plan is not appropriate--
(1) prepare and begin implementing such a plan mutually
agreed to by the Secretary of the Interior and the head of
the appropriate State agencies under section 101(a) of the
Sikes Act, as amended by this title; or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of the enactment of this
Act, complete negotiations with the Secretary of the Interior
and the heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan to
constitute an integrated natural resource plan that complies
with that section, as amended by this title.
(c) Public Comment.--The Secretary of Defense shall provide
an opportunity for the submission of public comments on--
(1) integrated natural resource management plans proposed
pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pursuant to
subsection (b)(2).
SEC. 1406. ANNUAL REVIEWS AND REPORTS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by
adding after subsection (f) (as added by section 1404(d)) the
following new subsection:
``(g) Reviews and Reports.--
``(1) Secretary of defense.--The Secretary of Defense
shall, by not later than March 1 of each year, review the
extent to which integrated natural resource management plans
were prepared or in effect and implemented in accordance with
this Act in the preceding year, and submit a report on the
findings of that review to the committees. Each report shall
include--
``(A) the number of integrated natural resource management
plans in effect in the year covered by the report, including
the date on which each plan was issued in final form or most
recently revised;
``(B) the amount of moneys expended on conservation
activities conducted pursuant to those plans in the year
covered by the report, including amounts expended under the
Legacy Resource Management Program established under section
8120 of the Act of November 5, 1990 (Public Law 101-511; 104
Stat. 1905); and
``(C) an assessment of the extent to which the plans comply
with the requirements of subsection (b)(1) and (2), including
specifically the extent to which the plans ensure in
accordance with subsection (b)(2)(C) that there is no net
loss of lands to support the military missions of military
installations.
``(2) Secretary of the interior.--The Secretary of the
Interior, by not later than March 1 of each year and in
consultation with State agencies responsible for conservation
or management of fish or wildlife, shall submit a report to
the committees on the amount of moneys expended by the
Department of the Interior and those State agencies in the
year covered by the report on conservation activities
conducted pursuant to integrated natural resource management
plans.
``(3) Committees defined.--For purposes of this subsection,
the term `committees' means the Committee on Resources and
the Committee on National Security of the House of
Representatives and the Committee on Armed Services and the
Committee on Environment and Public Works of the Senate.''.
SEC. 1407. TRANSFER OF WILDLIFE CONSERVATION FEES FROM CLOSED
MILITARY INSTALLATIONS.
Section 101(b)(4)(B) of the Sikes Act (16 U.S.C.
670a(b)(4)(B)) is amended by inserting before the period at
the end the following: ``, unless that military installation
is subsequently closed, in which case the fees may be
transferred to another military installation to be used for
the same purposes''.
SEC. 1408. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS AND ENFORCEMENT OF OTHER LAWS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended--
(1) by redesignating section 106, as amended by section
1404(b), as section 109; and
(2) by inserting after section 105 the following new
section:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the conservation of natural
resources on Federal lands may be enforced by the Secretary
of Defense with respect to violations of those laws which
occur on military installations within the United States.''.
SEC. 1409. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 106 (as added by section
1408) the following new section:
``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
``The Secretary of each military department shall ensure
that sufficient numbers of professionally trained natural
resource management personnel and natural resource law
enforcement personnel are available and assigned
responsibility to perform tasks necessary to comply with this
Act, including the preparation and implementation of
integrated natural resource management plans.''.
SEC. 1410. DEFINITIONS.
Title I of the Sikes Act (16 U.S.C. 670a et seq.) is
amended by inserting after section 107 (as added by section
1409) the following new section:
``SEC. 108. DEFINITIONS.
``In this title:
``(1) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by the
United States and administered by the Secretary of Defense or
the Secretary of a military department; and
``(B) includes all public lands withdrawn from all forms of
appropriation under public land laws and reserved for use by
the Secretary of Defense or the Secretary of a military
department.
``(2) State fish and wildlife agency.--The term `State fish
and wildlife agency' means an agency of State government that
is responsible under State law for managing fish or wildlife
resources.
``(3) United states.--The term `United States' means the
States, the District of Columbia, and the territories and
possessions of the United States.''.
SEC. 1411. COOPERATIVE AGREEMENTS.
(a) Cost Sharing.--Section 103a(b) of the Sikes Act (16
U.S.C. 670c-1(b)) is amended by striking out ``matching
basis'' each place it appears and inserting in lieu thereof
``cost-sharing basis''.
(b) Accounting.--Section 103a(c) of the Sikes Act (16
U.S.C. 670c-1(c)) is amended by inserting before the period
at the end the following: ``, and shall not be subject to
section 1535 of that title''.
SEC. 1412. REPEAL OF SUPERSEDED PROVISION.
Section 2 of the Act of October 27, 1986 (Public Law 99-
651; 16 U.S.C. 670a-1), is repealed.
SEC. 1413. CLERICAL AMENDMENTS.
Title I of the Sikes Act, as amended by this title, is
amended--
(1) in the heading for the title by striking out ``military
reservations'' and inserting in lieu thereof ``military
installations'';
(2) in section 101(a) (16 U.S.C. 670a(a)), by striking out
``the reservation'' and inserting in lieu thereof ``the
installation'';
(3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))--
(A) in subparagraph (A), by striking out ``the
reservation'' and inserting in lieu thereof ``the
installation''; and
(B) in subparagraph (B), by striking out ``the military
reservation'' and inserting in lieu thereof ``the military
installation'';
(4) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1), by striking out ``a military
reservation'' and inserting in lieu thereof ``a military
installation''; and
(B) in paragraph (2), by striking out ``the reservation''
and inserting in lieu thereof ``the installation'';
(5) in section 102 (16 U.S.C. 670b), by striking out
``military reservations'' and inserting in lieu thereof
``military installations''; and
(6) in section 103 (16 U.S.C. 670c)--
(A) by striking out ``military reservations'' and inserting
in lieu thereof ``military installations''; and
(B) by striking out ``such reservations'' and inserting in
lieu thereof ``such installations''.
SEC. 1414. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Programs on Military Installations.--Subsections (b)
and (c) of section 109 of the Sikes Act (as redesignated by
section 1408) are each amended by striking out ``1983'' and
all that follows through ``1993,'' and inserting in lieu
thereof ``1983 through 1998,''.
(b) Programs on Public Lands.--Section 209 of the Sikes Act
(16 U.S.C. 670o) is amended--
(1) in subsection (a), by striking out ``the sum of
$10,000,000'' and all that follows through ``to enable the
Secretary of the Interior'' and inserting in lieu thereof
``$4,000,000 for each of fiscal years 1997 and 1998, to
enable the Secretary of the Interior''; and
(2) in subsection (b), by striking out ``the sum of
$12,000,000'' and all that follows through ``to enable the
Secretary of Agriculture'' and inserting in lieu thereof
``$5,000,000 for each of fiscal years 1997 and 1998, to
enable the Secretary of Agriculture''.
TITLE XV--DEFENSE AND SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
SEC. 1501. TERMS OF LOANS UNDER THE FOREIGN MILITARY
FINANCING PROGRAM.
Section 31(c) of the Arms Export Control Act (22 U.S.C.
2771(c)) is amended to read as follows:
``(c) Loans available under section 23 shall be provided at
rates of interest that are not less than the current average
market yield on outstanding marketable obligations of the
United States of comparable maturities.''.
SEC. 1502. ADDITIONAL REQUIREMENTS UNDER THE FOREIGN MILITARY
FINANCING PROGRAM.
(a) Audit of Certain Private Firms.--Section 23 of the Arms
Export Control Act (22 U.S.C. 2763) is amended by adding at
the end the following new subsection:
``(f) For each fiscal year, the Secretary of Defense, as
requested by the Director of the Defense Security Assistance
Agency, shall conduct audits on a nonreimbursable basis of
private firms that have entered into contracts with foreign
governments under which defense articles, defense services,
or design
[[Page 1171]]
and construction services are to be procured by such firms
for such governments from financing under this section.''.
(b) Notification Requirement With Respect to Cash Flow
Financing.--Section 23 of such Act (22 U.S.C. 2763), as
amended by subsection (a), is further amended by adding at
the end the following new subsection:
``(g)(1) For each country and international organization
that has been approved for cash flow financing under this
section, any letter of offer and acceptance or other purchase
agreement, or any amendment thereto, for a procurement of
defense articles, defense services, or design and
construction services in excess of $100,000,000 that is to be
financed in whole or in part with funds made available under
this Act or the Foreign Assistance Act of 1961 shall be
submitted to the congressional committees specified in
section 634A(a) of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming
notifications under that section.
``(2) For purposes of this subsection, the term `cash flow
financing' has the meaning given such term in the second
subsection (d) of section 25.''.
(c) Limitations on Use of Funds for Direct Commercial
Contracts.--Section 23 of such Act (22 U.S.C. 2763), as
amended by subsection (b), is further amended by adding at
the end the following new subsection:
``(h) Of the amounts made available for a fiscal year to
carry out this section, not more than $100,000,000 for such
fiscal year may be made available for countries other than
Israel and Egypt for the purpose of financing the procurement
of defense articles, defense services, and design and
construction services that are not sold by the United States
Government under this Act.''.
(d) Annual Estimate and Justification for Sales Program.--
Section 25(a) of such Act (22 U.S.C. 2765(a)) is amended--
(1) by striking ``and'' at the end of paragraph (11);
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12)(A) a detailed accounting of all articles, services,
credits, guarantees, or any other form of assistance
furnished by the United States to each country and
international organization, including payments to the United
Nations, during the preceding fiscal year for the detection
and clearance of landmines, including activities relating to
the furnishing of education, training, and technical
assistance for the detection and clearance of landmines; and
``(B) for each provision of law making funds available or
authorizing appropriations for demining activities described
in subparagraph (A), an analysis and description of the
objectives and activities undertaken during the preceding
fiscal year, including the number of personnel involved in
performing such activities; and''.
SEC. 1503. DRAWDOWN SPECIAL AUTHORITIES.
(a) Unforeseen Emergency Drawdown.--Section 506(a)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) is
amended by striking ``$75,000,000'' and inserting
``$100,000,000''.
(b) Additional Drawdown.--Section 506 of such Act (22
U.S.C. 2318) is amended--
(1) in subsection (a)(2)(A), by striking ``defense articles
from the stocks'' and all that follows and inserting the
following: ``articles and services from the inventory and
resources of any agency of the United States Government and
military education and training from the Department of
Defense, the President may direct the drawdown of such
articles, services, and military education and training--
``(i) for the purposes and under the authorities of--
``(I) chapter 8 of part I (relating to international
narcotics control assistance);
``(II) chapter 9 of part I (relating to international
disaster assistance); or
``(III) the Migration and Refugee Assistance Act of 1962;
or
``(ii) for the purpose of providing such articles,
services, and military education and training to Vietnam,
Cambodia, and Laos as the President determines are
necessary--
``(I) to support cooperative efforts to locate and
repatriate members of the United States Armed Forces and
civilians employed directly or indirectly by the United
States Government who remain unaccounted for from the Vietnam
War; and
``(II) to ensure the safety of United States Government
personnel engaged in such cooperative efforts and to support
Department of Defense-sponsored humanitarian projects
associated with such efforts.'';
(2) in subsection (a)(2)(B), by striking ``$75,000,000''
and all that follows and inserting ``$150,000,000 in any
fiscal year of such articles, services, and military
education and training may be provided pursuant to
subparagraph (A) of this paragraph--
``(i) not more than $75,000,000 of which may be provided
from the drawdown from the inventory and resources of the
Department of Defense;
``(ii) not more than $75,000,000 of which may be provided
pursuant to clause (i)(I) of such subparagraph; and
``(iii) not more than $15,000,000 of which may be provided
to Vietnam, Cambodia, and Laos pursuant to clause (ii) of
such subparagraph.''; and
(3) in subsection (b)(1), by adding at the end the
following: ``In the case of drawdowns authorized by
subclauses (I) and (III) of subsection (a)(2)(A)(i),
notifications shall be provided to those committees at least
15 days in advance of the drawdowns in accordance with the
procedures applicable to reprogramming notifications under
section 634A.''.
(c) Notice to Congress of Exercise of Special
Authorities.--Section 652 of such Act (22 U.S.C. 2411) is
amended by striking ``prior to the date'' and inserting
``before''.
SEC. 1504. TRANSFER OF EXCESS DEFENSE ARTICLES.
(a) In General.--Section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j) is amended to read as follows:
``SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
``(a) Authorization.--The President is authorized to
transfer excess defense articles under this section to
countries for which receipt of such articles was justified
pursuant to the annual congressional presentation documents
for military assistance programs, or for programs under
chapter 8 of part I of this Act, submitted under section 634
of this Act, or for which receipt of such articles was
separately justified to the Congress, for the fiscal year in
which the transfer is authorized.
``(b) Limitations on Transfers.--The President may transfer
excess defense articles under this section only if--
``(1) such articles are drawn from existing stocks of the
Department of Defense;
``(2) funds available to the Department of Defense for the
procurement of defense equipment are not expended in
connection with the transfer;
``(3) the transfer of such articles will not have an
adverse impact on the military readiness of the United
States;
``(4) with respect to a proposed transfer of such articles
on a grant basis, such a transfer is preferable to a transfer
on a sales basis, after taking into account the potential
proceeds from, and likelihood of, such sales, and the
comparative foreign policy benefits that may accrue to the
United States as the result of a transfer on either a grant
or sales basis;
``(5) the President determines that the transfer of such
articles will not have an adverse impact on the national
technology and industrial base and, particularly, will not
reduce the opportunities of entities in the national
technology and industrial base to sell new or used equipment
to the countries to which such articles are transferred; and
``(6) the transfer of such articles is consistent with the
policy framework for the Eastern Mediterranean established
under section 620C of this Act.
``(c) Terms of Transfers.--
``(1) No cost to recipient country.--Excess defense
articles may be transferred under this section without cost
to the recipient country.
``(2) Priority.--Notwithstanding any other provision of
law, the delivery of excess defense articles under this
section to member countries of the North Atlantic Treaty
Organization (NATO) on the southern and southeastern flank of
NATO and to major non-NATO allies on such southern and
southeastern flank shall be given priority to the maximum
extent feasible over the delivery of such excess defense
articles to other countries.
``(d) Waiver of Requirement for Reimbursement of Department
of Defense Expenses.--Section 632(d) shall not apply with
respect to transfers of excess defense articles (including
transportation and related costs) under this section.
``(e) Transportation and Related Costs.--
``(1) In general.--Except as provided in paragraph (2),
funds available to the Department of Defense may not be
expended for crating, packing, handling, and transportation
of excess defense articles transferred under the authority of
this section.
``(2) Exception.--The President may provide for the
transportation of excess defense articles without charge to a
country for the costs of such transportation if--
``(A) it is determined that it is in the national interest
of the United States to do so;
``(B) the recipient is a developing country receiving less
than $10,000,000 of assistance under chapter 5 of part II of
this Act (relating to international military education and
training) or section 23 of the Arms Export Control Act (22
U.S.C. 2763; relating to the Foreign Military Financing
program) in the fiscal year in which the transportation is
provided;
``(C) the total weight of the transfer does not exceed
25,000 pounds; and
``(D) such transportation is accomplished on a space
available basis.
``(f) Advance Notification to Congress for Transfer of
Certain Excess Defense Articles.--
``(1) In general.--The President may not transfer excess
defense articles that are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
excess defense articles valued (in terms of original
acquisition cost) at $7,000,000 or more, under this section
or under the Arms Export Control Act (22 U.S.C. 2751 et seq.)
until 15 days after the date on which the President has
provided notice of the proposed transfer to the congressional
committees specified in section 634A(a) in accordance with
procedures applicable to reprogramming notifications under
that section.
``(2) Contents.--Such notification shall include--
``(A) a statement outlining the purposes for which the
article is being provided to the country, including whether
such article has been previously provided to such country;
[[Page 1172]]
``(B) an assessment of the impact of the transfer on the
military readiness of the United States;
``(C) an assessment of the impact of the transfer on the
national technology and industrial base and, particularly,
the impact on opportunities of entities in the national
technology and industrial base to sell new or used equipment
to the countries to which such articles are to be
transferred; and
``(D) a statement describing the current value of such
article and the value of such article at acquisition.
``(g) Aggregate Annual Limitation.--
``(1) In general.--The aggregate value of excess defense
articles transferred to countries under this section in any
fiscal year may not exceed $350,000,000.
``(2) Effective date.--The limitation contained in
paragraph (1) shall apply only with respect to fiscal years
beginning after fiscal year 1996.
``(h) Congressional Presentation Documents.--Documents
described in subsection (a) justifying the transfer of excess
defense articles shall include an explanation of the general
purposes of providing excess defense articles as well as a
table which provides an aggregate annual total of transfers
of excess defense articles in the preceding year by country
in terms of offers and actual deliveries and in terms of
acquisition cost and current value. Such table shall indicate
whether such excess defense articles were provided on a grant
or sale basis.
``(i) Excess Coast Guard Property.--For purposes of this
section, the term `excess defense articles' shall be deemed
to include excess property of the Coast Guard, and the term
`Department of Defense' shall be deemed, with respect to such
excess property, to include the Coast Guard.''.
(b) Conforming Amendments.--
(1) Arms export control act.--Section 21(k) of the Arms
Export Control Act (22 U.S.C. 2761(k)) is amended by striking
``the President shall'' and all that follows and inserting
the following: ``the President shall determine that the sale
of such articles will not have an adverse impact on the
national technology and industrial base and, particularly,
will not reduce the opportunities of entities in the national
technology and industrial base to sell new or used equipment
to the countries to which such articles are transferred.''.
(2) Repeals.--The following provisions of law are hereby
repealed:
(A) Section 502A of the Foreign Assistance Act of 1961 (22
U.S.C. 2303).
(B) Sections 517 through 520 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321k through 2321n).
(C) Section 31(d) of the Arms Export Control Act (22 U.S.C.
2771(d)).
SEC. 1505. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN
COUNTRIES.
Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961, during each of the fiscal years 1996 and 1997,
funds available to the Department of Defense may be expended
for crating, packing, handling, and transportation of excess
defense articles transferred under the authority of section
516 of such Act to countries that are eligible to participate
in the Partnership for Peace and that are eligible for
assistance under the Support for East European Democracy
(SEED) Act of 1989.
Subtitle B--International Military Education and Training
SEC. 1511. ASSISTANCE FOR INDONESIA.
Funds made available for fiscal years 1996 and 1997 to
carry out chapter 5 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2347 et seq.) may be obligated for
Indonesia only for expanded military and education training
that meets the requirements of clauses (i) through (iv) of
the second sentence of section 541 of such Act (22 U.S.C.
2347).
SEC. 1512. ADDITIONAL REQUIREMENTS.
(a) General Authority.--Section 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347) is amended in the
second sentence in the matter preceding clause (i) by
inserting ``and individuals who are not members of the
government'' after ``legislators''.
(b) Exchange Training.--Section 544 of such Act (22 U.S.C.
2347c) is amended--
(1) by striking ``In carrying out this chapter'' and
inserting ``(a) In carrying out this chapter''; and
(2) by adding at the end the following new subsection:
``(b) The President may provide for the attendance of
foreign military and civilian defense personnel at flight
training schools and programs (including test pilot schools)
in the United States without charge, and without charge to
funds available to carry out this chapter (notwithstanding
section 632(d) of this Act), if such attendance is pursuant
to an agreement providing for the exchange of students on a
one-for-one basis each fiscal year between those United
States flight training schools and programs (including test
pilot schools) and comparable flight training schools and
programs of foreign countries.''.
(c) Assistance for Certain High-Income Foreign Countries.--
(1) Amendment to the foreign assistance act of 1961.--
Chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) is
amended by adding at the end the following new section:
``SEC. 546. PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH
INCOME FOREIGN COUNTRIES.
``(a) In General.--None of the funds made available for a
fiscal year for assistance under this chapter may be made
available for assistance on a grant basis for any of the
high-income foreign countries described in subsection (b) for
military education and training of military and related
civilian personnel of such country.
``(b) High-Income Foreign Countries Described.--The high-
income foreign countries described in this subsection are
Austria, Finland, the Republic of Korea, Singapore, and
Spain.''.
(2) Amendment to the arms export control act.--Section
21(a)(1)(C) of the Arms Export Control Act (22 U.S.C. 2761)
is amended by inserting ``or to any high-income foreign
country (as described in that chapter)'' after ``Foreign
Assistance Act of 1961''.
Subtitle C--Antiterrorism Assistance
SEC. 1521. ANTITERRORISM TRAINING ASSISTANCE.
(a) In General.--Section 571 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349aa) is amended by striking ``Subject
to the provisions of this chapter'' and inserting
``Notwithstanding any other provision of law that restricts
assistance to foreign countries (other than sections 502B and
620A of this Act)''.
(b) Limitations.--Section 573 of such Act (22 U.S.C.
2349aa-2) is amended--
(1) in the heading, by striking ``Specific Authorities
and'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively; and
(4) in subsection (c) (as redesignated)--
(A) by striking paragraphs (1) and (2);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (1) through (3), respectively; and
(C) by amending paragraph (2) (as redesignated) to read as
follows:
``(2)(A) Except as provided in subparagraph (B), funds made
available to carry out this chapter shall not be made
available for the procurement of weapons and ammunition.
``(B) Subparagraph (A) shall not apply to small arms and
ammunition in categories I and III of the United States
Munitions List that are integrally and directly related to
antiterrorism training provided under this chapter if, at
least 15 days before obligating those funds, the President
notifies the appropriate congressional committees specified
in section 634A of this Act in accordance with the procedures
applicable to reprogramming notifications under such section.
``(C) The value (in terms of original acquisition cost) of
all equipment and commodities provided under this chapter in
any fiscal year may not exceed 25 percent of the funds made
available to carry out this chapter for that fiscal year.''.
(c) Annual Report.--Section 574 of such Act (22 U.S.C.
2349aa-3) is hereby repealed.
(d) Technical Corrections.--Section 575 (22 U.S.C. 2349aa-
4) and section 576 (22 U.S.C. 2349aa-5) of such Act are
redesignated as sections 574 and 575, respectively.
SEC. 1522. RESEARCH AND DEVELOPMENT EXPENSES.
Funds made available for fiscal years 1996 and 1997 to
carry out chapter 8 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism
assistance) may be made available to the Technical Support
Working Group of the Department of State for research and
development expenses related to contraband detection
technologies or for field demonstrations of such technologies
(whether such field demonstrations take place in the United
States or outside the United States).
Subtitle D--Narcotics Control Assistance
SEC. 1531. ADDITIONAL REQUIREMENTS.
(a) Policy and General Authorities.--Section 481(a) of the
Foreign Assistance Act (22 U.S.C. 2291(a)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) International criminal activities, particularly
international narcotics trafficking, money laundering, and
corruption, endanger political and economic stability and
democratic development, and assistance for the prevention and
suppression of international criminal activities should be a
priority for the United States.''; and
(2) in paragraph (4), by adding before the period at the
end the following: ``, or for other anticrime purposes''.
(b) Contributions and Reimbursement.--Section 482(c) of
that Act (22 U.S.C. 2291a(c)) is amended--
(1) by striking ``Contribution by Recipient Country.--To''
and inserting ``Contributions and Reimbursement.--(1) To'';
and
(2) by adding at the end the following new paragraphs:
``(2)(A) The President is authorized to accept
contributions from foreign governments to carry out the
purposes of this chapter. Such contributions shall be
deposited as an offsetting collection to the applicable
appropriation account and may be used under the same terms
and conditions as funds appropriated pursuant to this
chapter.
``(B) At the time of submission of the annual congressional
presentation documents required by section 634(a), the
President shall provide a detailed report on any
contributions received in the preceding fiscal year, the
amount of such contributions, and the purposes for which such
contributions were used.
``(3) The President is authorized to provide assistance
under this chapter on a reimbursable basis. Such
reimbursements shall be de
[[Page 1173]]
posited as an offsetting collection to the applicable
appropriation and may be used under the same terms and
conditions as funds appropriated pursuant to this chapter.''.
(c) Implementation of Law Enforcement Assistance.--Section
482 of such Act (22 U.S.C. 2291a) is amended by adding at the
end the following new subsections:
``(f) Treatment of Funds.--Funds transferred to and
consolidated with funds appropriated pursuant to this chapter
may be made available on such terms and conditions as are
applicable to funds appropriated pursuant to this chapter.
Funds so transferred or consolidated shall be apportioned
directly to the bureau within the Department of State
responsible for administering this chapter.
``(g) Excess Property.--For purposes of this chapter, the
Secretary of State may use the authority of section 608,
without regard to the restrictions of such section, to
receive nonlethal excess property from any agency of the
United States Government for the purpose of providing such
property to a foreign government under the same terms and
conditions as funds authorized to be appropriated for the
purposes of this chapter.''.
SEC. 1532. NOTIFICATION REQUIREMENT.
(a) In General.--The authority of section 1003(d) of the
National Narcotics Control Leadership Act of 1988 (21 U.S.C.
1502(d)) may be exercised with respect to funds authorized to
be appropriated pursuant to the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) and with respect to the
personnel of the Department of State only to the extent that
the appropriate congressional committees have been notified
15 days in advance in accordance with the reprogramming
procedures applicable under section 634A of that Act (22
U.S.C. 2394).
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on International Relations and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 1533. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED
ECONOMIC ASSISTANCE.
For each of the fiscal years 1996 and 1997, narcotics-
related assistance under part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) may be provided
notwithstanding any other provision of law that restricts
assistance to foreign countries (other than section 490(e) or
section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if,
at least 15 days before obligating funds for such assistance,
the President notifies the appropriate congressional
committees (as defined in section 481(e) of that Act (22
U.S.C. 2291(e))) in accordance with the procedures applicable
to reprogramming notifications under section 634A of that Act
(22 U.S.C. 2394).
Subtitle E--Other Provisions
SEC. 1541. STANDARDIZATION OF CONGRESSIONAL REVIEW PROCEDURES
FOR ARMS TRANSFERS.
(a) Third Country Transfers Under FMS Sales.--Section
3(d)(2) of the Arms Export Control Act (22 U.S.C. 2753(d)(2))
is amended--
(1) in subparagraph (A), by striking ``, as provided for in
sections 36(b)(2) and 36(b)(3) of this Act'';
(2) in subparagraph (B), by striking ``law'' and inserting
``joint resolution''; and
(3) by adding at the end the following:
``(C) If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which
requires that consent to the proposed transfer become
effective immediately in the national security interests of
the United States, thus waiving the requirements of that
subparagraph, the President shall set forth in the
certification a detailed justification for his determination,
including a description of the emergency circumstances which
necessitate immediate consent to the transfer and a
discussion of the national security interests involved.
``(D)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion
to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.''.
(b) Third Country Transfers Under Commercial Sales.--
Section 3(d)(3) of such Act (22 U.S.C. 2753(d)(3)) is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in the first sentence--
(A) by striking ``at least 30 calendar days''; and
(B) by striking ``report'' and inserting ``certification'';
and
(3) by striking the last sentence and inserting the
following: ``Such certification shall be submitted--
``(i) at least 15 calendar days before such consent is
given in the case of a transfer to a country which is a
member of the North Atlantic Treaty Organization or
Australia, Japan, or New Zealand; and
``(ii) at least 30 calendar days before such consent is
given in the case of a transfer to any other country,
unless the President states in his certification that an
emergency exists which requires that consent to the proposed
transfer become effective immediately in the national
security interests of the United States. If the President
states in his certification that such an emergency exists
(thus waiving the requirements of clause (i) or (ii), as the
case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency
circumstances which necessitate that consent to the proposed
transfer become effective immediately and a discussion of the
national security interests involved.
``(B) Consent to a transfer subject to subparagraph (A)
shall become effective after the end of the 15-day or 30-day
period specified in subparagraph (A)(i) or (ii), as the case
may be, only if the Congress does not enact, within that
period, a joint resolution prohibiting the proposed transfer.
``(C)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion
to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.''.
(c) Commercial Sales.--Section 36(c)(2) of such Act (22
U.S.C. 2776(c)(2)) is amended by amending subparagraphs (A)
and (B) to read as follows:
``(A) in the case of a license for an export to the North
Atlantic Treaty Organization, any member country of that
Organization or Australia, Japan, or New Zealand, shall not
be issued until at least 15 calendar days after the Congress
receives such certification, and shall not be issued then if
the Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
``(B) in the case of any other license, shall not be issued
until at least 30 calendar days after the Congress receives
such certification, and shall not be issued then if the
Congress, within that 30-day period, enacts a joint
resolution prohibiting the proposed export.''.
(d) Commercial Manufacturing Agreements.--Section 36(d) of
such Act (22 U.S.C. 2776(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``for or in a country not a member of the
North Atlantic Treaty Organization''; and
(3) by adding at the end the following:
``(2) A certification under this subsection shall be
submitted--
``(A) at least 15 days before approval is given in the case
of an agreement for or in a country which is a member of the
North Atlantic Treaty Organization or Australia, Japan, or
New Zealand; and
``(B) at least 30 days before approval is given in the case
of an agreement for or in any other country;
unless the President states in his certification that an
emergency exists which requires the immediate approval of the
agreement in the national security interests of the United
States.
``(3) If the President states in his certification that an
emergency exists which requires the immediate approval of the
agreement in the national security interests of the United
States, thus waiving the requirements of paragraph (4), he
shall set forth in the certification a detailed justification
for his determination, including a description of the
emergency circumstances which necessitate the immediate
approval of the agreement and a discussion of the national
security interests involved.
``(4) Approval for an agreement subject to paragraph (1)
may not be given under section 38 if the Congress, within the
15-day or 30-day period specified in paragraph (2)(A) or (B),
as the case may be, enacts a joint resolution prohibiting
such approval.
``(5)(A) Any joint resolution under paragraph (4) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
``(B) For the purpose of expediting the consideration and
enactment of joint resolutions under paragraph (4), a motion
to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.''.
(e) Government-to-Government Leases.--
(1) Congressional review period.--Section 62 of such Act
(22 U.S.C. 2796a) is amended--
(A) in subsection (a), by striking ``Not less than 30 days
before'' and inserting ``Before'';
(B) in subsection (b)--
(i) by striking ``determines, and immediately reports to
the Congress'' and inserting ``states in his certification'';
and
(ii) by adding at the end of the subsection the following:
``If the President states in his certification that such an
emergency exists, he shall set forth in the certification a
detailed justification for his determination, including a
description of the emergency circumstances which necessitate
that the lease be entered into immediately and a discussion
of the national security interests involved.''; and
(C) by adding at the end of the section the following:
``(c) The certification required by subsection (a) shall be
transmitted--
``(1) not less than 15 calendar days before the agreement
is entered into or renewed in
[[Page 1174]]
the case of an agreement with the North Atlantic Treaty
Organization, any member country of that Organization or
Australia, Japan, or New Zealand; and
``(2) not less than 30 calendar days before the agreement
is entered into or renewed in the case of an agreement with
any other organization or country.''.
(2) Congressional disapproval.--Section 63(a) of such Act
(22 U.S.C. 2796b(a)) is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)'';
(B) by striking out the ``30 calendar days after receiving
the certification with respect to that proposed agreement
pursuant to section 62(a),'' and inserting in lieu thereof
``the 15-day or 30-day period specified in section 62(c) (1)
or (2), as the case may be,''; and
(C) by striking paragraph (2).
(f) Effective Date.--The amendments made by this section
apply with respect to certifications required to be submitted
on or after the date of the enactment of this Act.
SEC. 1542. INCREASED STANDARDIZATION, RATIONALIZATION, AND
INTEROPERABILITY OF ASSISTANCE AND SALES
PROGRAMS.
Paragraph (6) of section 515(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321i(a)(6)) is amended by striking
``among members of the North Atlantic Treaty Organization and
with the Armed Forces of Japan, Australia, and New Zealand''.
SEC. 1543. DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT.
Section 47 of the Arms Export Control Act (22 U.S.C. 2794)
is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) `significant military equipment' means articles--
``(A) for which special export controls are warranted
because of the capacity of such articles for substantial
military utility or capability; and
``(B) identified on the United States Munitions List.''.
SEC. 1544. ELIMINATION OF ANNUAL REPORTING REQUIREMENT
RELATING TO THE SPECIAL DEFENSE ACQUISITION
FUND.
(a) In General.--Section 53 of the Arms Export Control Act
(22 U.S.C. 2795b) is hereby repealed.
(b) Conforming Amendment.--Section 51(a)(4) of such Act (22
U.S.C. 2795(a)(4)) is amended--
(1) by striking ``(a)''; and
(2) by striking subparagraph (B).
SEC. 1545. COST OF LEASED DEFENSE ARTICLES THAT HAVE BEEN
LOST OR DESTROYED.
Section 61(a)(4) of the Arms Export Control Act (22 U.S.C.
2796(a)(4)) is amended by striking ``and the replacement
cost'' and all that follows and inserting the following:
``and, if the articles are lost or destroyed while leased--
``(A) in the event the United States intends to replace the
articles lost or destroyed, the replacement cost (less any
depreciation in the value) of the articles; or
``(B) in the event the United States does not intend to
replace the articles lost or destroyed, an amount not less
than the actual value (less any depreciation in the value)
specified in the lease agreement.''.
SEC. 1546. DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) Designation.--
(1) Notice to congress.--Chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.), as
amended by this title, is further amended by adding at the
end the following new section:
``SEC. 517. DESIGNATION OF MAJOR NON-NATO ALLIES.
``(a) Notice to Congress.--The President shall notify the
Congress in writing at least 30 days before--
``(1) designating a country as a major non-NATO ally for
purposes of this Act and the Arms Export Control Act (22
U.S.C. 2751 et seq.); or
``(2) terminating such a designation.
``(b) Initial Designations.--Australia, Egypt, Israel,
Japan, the Republic of Korea, and New Zealand shall be deemed
to have been so designated by the President as of the
effective date of this section, and the President is not
required to notify the Congress of such designation of those
countries.''.
(2) Definition.--Section 644 of such Act (22 U.S.C. 2403)
is amended by adding at the end the following:
``(q) `Major non-NATO ally' means a country which is
designated in accordance with section 517 as a major non-NATO
ally for purposes of this Act and the Arms Export Control Act
(22 U.S.C. 2751 et seq.).''.
(3) Existing definitions.--(A) The last sentence of section
21(g) of the Arms Export Control Act (22 U.S.C. 2761(g)) is
repealed.
(B) Section 65(d) of such Act (22 U.S.C. 2796d(d)) is
amended--
(i) by striking ``or major non-NATO''; and
(ii) by striking out ``or a'' and all that follows through
``Code''.
(b) Cooperative Training Agreements.--Section 21(g) of the
Arms Export Control Act (22 U.S.C. 2761(g)) is amended in the
first sentence by striking ``similar agreements'' and all
that follows through ``other countries'' and inserting
``similar agreements with countries''.
SEC. 1547. CERTIFICATION THRESHOLDS.
(a) Increase in Dollar Thresholds.--The Arms Export Control
Act (22 U.S.C. 2751 et seq.) is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3), by striking ``$14,000,000''
each place it appears and inserting ``$25,000,000''; and
(B) in paragraphs (1) and (3), by striking ``$50,000,000''
each place it appears and inserting ``$75,000,000'';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsections (b)(1), (b)(5)(C), and (c)(1), by
striking ``$14,000,000'' each place it appears and inserting
``$25,000,000'';
(B) in subsections (b)(1), (b)(5)(C), and (c)(1), by
striking ``$50,000,000'' each place it appears and inserting
``$75,000,000''; and
(C) in subsections (b)(1) and (b)(5)(C), by striking
``$200,000,000'' each place it appears and inserting
``$300,000,000''; and
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking ``$14,000,000'' and inserting
``$25,000,000''; and
(B) by striking ``$50,000,000'' and inserting
``$75,000,000''.
(b) Effective Date.--The amendments made by subsection (a)
apply with respect to certifications submitted on or after
the date of the enactment of this Act.
SEC. 1548. DEPLETED URANIUM AMMUNITION.
Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2370 et seq.), as amended by this title, is
further amended by adding at the end the following new
section:
``SEC. 620G. DEPLETED URANIUM AMMUNITION.
``(a) Prohibition.--Except as provided in subsection (b),
none of the funds made available to carry out this Act or any
other Act may be made available to facilitate in any way the
sale of M-833 antitank shells or any comparable antitank
shells containing a depleted uranium penetrating component to
any country other than--
``(1) a country that is a member of the North Atlantic
Treaty Organization;
``(2) a country that has been designated as a major non-
NATO ally (as defined in section 644(q)); or
``(3) Taiwan.
``(b) Exception.--The prohibition contained in subsection
(a) shall not apply with respect to the use of funds to
facilitate the sale of antitank shells to a country if the
President determines that to do so is in the national
security interest of the United States.''.
SEC. 1549. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES.
(a) In General.--The Arms Export Control Act (22 U.S.C.
2751 et seq.) is amended by inserting after chapter 3 the
following new chapter:
``CHAPTER 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES
``SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES AND
DEFENSE SERVICES.
``(a) Establishment of Monitoring Program.--
``(1) In general.--In order to improve accountability with
respect to defense articles and defense services sold,
leased, or exported under this Act or the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), the President shall
establish a program which provides for the end-use monitoring
of such articles and services.
``(2) Requirements of program.--To the extent practicable,
such program--
``(A) shall provide for the end-use monitoring of defense
articles and defense services in accordance with the
standards that apply for identifying high-risk exports for
regular end-use verification developed under section 38(g)(7)
of this Act (commonly referred to as the `Blue Lantern'
program); and
``(B) shall be designed to provide reasonable assurance
that--
``(i) the recipient is complying with the requirements
imposed by the United States Government with respect to use,
transfers, and security of defense articles and defense
services; and
``(ii) such articles and services are being used for the
purposes for which they are provided.
``(b) Conduct of Program.--In carrying out the program
established under subsection (a), the President shall ensure
that the program--
``(1) provides for the end-use verification of defense
articles and defense services that incorporate sensitive
technology, defense articles and defense services that are
particularly vulnerable to diversion or other misuse, or
defense articles or defense services whose diversion or other
misuse could have significant consequences; and
``(2) prevents the diversion (through reverse engineering
or other means) of technology incorporated in defense
articles.
``(c) Report to Congress.--Not later than 6 months after
the date of the enactment of this section, and annually
thereafter as a part of the annual congressional presentation
documents submitted under section 634 of the Foreign
Assistance Act of 1961, the President shall transmit to the
Congress a report describing the actions taken to implement
this section, including a detailed accounting of the costs
and number of personnel associated with the monitoring
program.
``(d) Third Country Transfers.--For purposes of this
section, defense articles and defense services sold, leased,
or exported under this Act or the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) includes defense articles and
defense services that are transferred to a third country or
other third party.''.
(b) Effective Date.--Section 40A of the Arms Export Control
Act, as added by subsection (a), applies with respect to
defense articles and defense services provided before or
after the date of the enactment of this Act.
[[Page 1175]]
SEC. 1550. BROKERING ACTIVITIES RELATING TO COMMERCIAL SALES
OF DEFENSE ARTICLES AND SERVICES.
(a) In General.--Section 38(b)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2778(b)(1)(A)) is amended--
(1) in the first sentence, by striking ``As prescribed in
regulations'' and inserting ``(i) As prescribed in
regulations''; and
(2) by adding at the end the following new clause:
``(ii)(I) As prescribed in regulations issued under this
section, every person (other than an officer or employee of
the United States Government acting in official capacity) who
engages in the business of brokering activities with respect
to the manufacture, export, import, or transfer of any
defense article or defense service designated by the
President under subsection (a)(1), or in the business of
brokering activities with respect to the manufacture, export,
import, or transfer of any foreign defense article or defense
service (as defined in subclause (IV)), shall register with
the United States Government agency charged with the
administration of this section, and shall pay a registration
fee which shall be prescribed by such regulations.
``(II) Such brokering activities shall include the
financing, transportation, freight forwarding, or taking of
any other action that facilitates the manufacture, export, or
import of a defense article or defense service.
``(III) No person may engage in the business of brokering
activities described in subclause (I) without a license,
issued in accordance with this Act, except that no license
shall be required for such activities undertaken by or for an
agency of the United States Government--
``(aa) for use by an agency of the United States
Government; or
``(bb) for carrying out any foreign assistance or sales
program authorized by law and subject to the control of the
President by other means.
``(IV) For purposes of this clause, the term `foreign
defense article or defense service' includes any non-United
States defense article or defense service of a nature
described on the United States Munitions List regardless of
whether such article or service is of United States origin or
whether such article or service contains United States origin
components.''.
(b) Effective Date.--Section 38(b)(1)(A)(ii) of the Arms
Export Control Act, as added by subsection (a), shall apply
with respect to brokering activities engaged in beginning on
or after 120 days after the enactment of this Act.
SEC. 1551. RETURN AND EXCHANGES OF DEFENSE ARTICLES
PREVIOUSLY TRANSFERRED PURSUANT TO THE ARMS
EXPORT CONTROL ACT.
(a) Repair of Defense Articles.--Section 21 of the Arms
Export Control Act (22 U.S.C. 2761) is amended by adding at
the end the following new subsection:
``(l) Repair of defense articles.--
``(1) In general.--The President may acquire a repairable
defense article from a foreign country or international
organization if such defense article--
``(A) previously was transferred to such country or
organization under this Act;
``(B) is not an end item; and
``(C) will be exchanged for a defense article of the same
type that is in the stocks of the Department of Defense.
``(2) Limitation.--The President may exercise the authority
provided in paragraph (1) only to the extent that the
Department of Defense--
``(A)(i) has a requirement for the defense article being
returned; and
``(ii) has available sufficient funds authorized and
appropriated for such purpose; or
``(B)(i) is accepting the return of the defense article for
subsequent transfer to another foreign government or
international organization pursuant to a letter of offer and
acceptance implemented in accordance with this Act; and
``(ii) has available sufficient funds provided by or on
behalf of such other foreign government or international
organization pursuant to a letter of offer and acceptance
implemented in accordance with this Act.
``(3) Requirement.--(A) The foreign government or
international organization receiving a new or repaired
defense article in exchange for a repairable defense article
pursuant to paragraph (1) shall, upon the acceptance by the
United States Government of the repairable defense article
being returned, be charged the total cost associated with the
repair and replacement transaction.
``(B) The total cost charged pursuant to subparagraph (A)
shall be the same as that charged the United States Armed
Forces for a similar repair and replacement transaction, plus
an administrative surcharge in accordance with subsection
(e)(1)(A) of this section.
``(4) Relationship to certain other provisions of law.--The
authority of the President to accept the return of a
repairable defense article as provided in subsection (a)
shall not be subject to chapter 137 of title 10, United
States Code, or any other provision of law relating to the
conclusion of contracts.''.
(b) Return of Defense Articles.--Section 21 of such Act (22
U.S.C. 2761), as amended by subsection (a), is further
amended by adding at the end the following new subsection:
``(m) Return of Defense Articles.--
``(1) In general.--The President may accept the return of a
defense article from a foreign country or international
organization if such defense article--
``(A) previously was transferred to such country or
organization under this Act;
``(B) is not significant military equipment (as defined in
section 47(9) of this Act); and
``(C) is in fully functioning condition without need of
repair or rehabilitation.
``(2) Limitation.--The President may exercise the authority
provided in paragraph (1) only to the extent that the
Department of Defense--
``(A)(i) has a requirement for the defense article being
returned; and
``(ii) has available sufficient funds authorized and
appropriated for such purpose; or
``(B)(i) is accepting the return of the defense article for
subsequent transfer to another foreign government or
international organization pursuant to a letter of offer and
acceptance implemented in accordance with this Act; and
``(ii) has available sufficient funds provided by or on
behalf of such other foreign government or international
organization pursuant to a letter of offer and acceptance
implemented in accordance with this Act.
``(3) Credit for transaction.--Upon acquisition and
acceptance by the United States Government of a defense
article under paragraph (1), the appropriate Foreign Military
Sales account of the provider shall be credited to reflect
the transaction.
``(4) Relationship to certain other provisions of law.--The
authority of the President to accept the return of a defense
article as provided in paragraph (1) shall not be subject to
chapter 137 of title 10, United States Code, or any other
provision of law relating to the conclusion of contracts.''.
(c) Regulations.--Under the direction of the President, the
Secretary of Defense shall promulgate regulations to
implement subsections (l) and (m) of section 21 of the Arms
Export Control Act, as added by this section.
SEC. 1552. NATIONAL SECURITY INTEREST DETERMINATION TO WAIVE
REIMBURSEMENT OF DEPRECIATION FOR LEASED
DEFENSE ARTICLES.
(a) In General.--Section 61(a) of the Arms Export Control
Act (22 U.S.C. 2796(a)) is amended--
(1) in the second sentence, by striking ``, or to any
defense article which has passed three-quarters of its normal
service life''; and
(2) by inserting after the second sentence the following
new sentence: ``The President may waive the requirement of
paragraph (4) for reimbursement of depreciation for any
defense article which has passed three-quarters of its normal
service life if the President determines that to do so is
important to the national security interest of the United
States.''.
(b) Effective Date.--The third sentence of section 61(a) of
the Arms Export Control Act, as added by subsection (a)(2),
shall apply only with respect to a defense article leased on
or after the date of the enactment of this Act.
SEC. 1553. ELIGIBILITY OF PANAMA UNDER ARMS EXPORT CONTROL
ACT.
The Government of the Republic of Panama shall be eligible
to purchase defense articles and defense services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), except as
otherwise specifically provided by law.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1997''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Total
------------------------------------------------------------------------
Arizona........................... Fort Huachuca....... $21,000,000
California........................ Army project, Naval $27,000,000
Weapons Station,
Concord............
Camp Roberts........ $5,500,000
Fort Irwin.......... $7,000,000
Colorado.......................... Fort Carson......... $17,550,000
District of Columbia.............. Fort McNair......... $6,900,000
Georgia........................... Fort Benning........ $53,400,000
Fort McPherson...... $9,100,000
Fort Stewart, Hunter $6,000,000
Army Air Field.....
Kansas............................ Fort Riley.......... $26,000,000
Kentucky.......................... Fort Campbell....... $51,100,000
Fort Knox........... $20,500,000
New Jersey........................ Picatinny Arsenal... $7,500,000
New Mexico........................ White Sands Missile $10,000,000
Range.
New York.......................... Fort Drum........... $11,400,000
North Carolina.................... Fort Bragg.......... $14,000,000
Texas............................. Fort Hood........... $52,700,000
Virginia.......................... Fort Eustis......... $3,550,000
Washington........................ Fort Lewis.......... $54,600,000
CONUS Classified.................. Classified Location. $4,600,000
Total............. $409,400,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
---------------------------------------------------------------------------
forth in the following table:
[[Page 1176]]
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Total
------------------------------------------------------------------------
Germany........................... Lincoln Village..... $7,300,000
Spinelli Barracks... $8,100,000
Taylor Barracks..... $9,300,000
Italy............................. Camp Ederle, $3,100,000
Vincenza.
Korea............................. Camp Casey.......... $16,000,000
Camp Red Cloud...... $14,000,000
Overseas Classified............... Classified Location. $64,000,000
---------------
Total............. $121,800,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Total
----------------------------------------------------------------------------------------------------------------
Alabama................................. Redstone Arsenal.......... 70 Units.................. $8,000,000
Hawaii.................................. Schofield Barracks........ 54 Units.................. $10,000,000
North Carolina.......................... Fort Bragg................ 88 Units.................. $9,800,000
Pennsylvania............................ Tobyhanna Army Depot...... 200 Units................. $890,000
Texas................................... Fort Bliss................ 85 Units.................. $12,000,000
Fort Hood................. 140 Units................. $18,500,000
---------------
Total:.................. $59,190,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,963,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in sections 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $114,450,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $2,037,653,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $409,400,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $121,800,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$8,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $54,384,000.
(5) For demolition of excess facilities under section 2814
of title 10, United States Code, as added by section 2802,
$10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$176,603,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,257,466,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2105. CORRECTION IN AUTHORIZED USES OF FUNDS, FORT
IRWIN, CALIFORNIA.
In the case of amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(1) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337) and section 2104(a)(1) of
the Military Construction Authorization Act for Fiscal Year
1996 (division B of Public Law 104-106) for a military
construction project for Fort Irwin, California, involving
the construction of an air field for the National Training
Center at Barstow-Daggett, California, the Secretary of the
Army may use such amounts for the construction of a heliport
at the same location.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................... Navy Detachment, $3,920,000
Camp Navajo........
Marine Corps Air $14,600,000
Station, Yuma......
California........................ Marine Corps Air- $4,020,000
Ground Combat
Center, Twentynine
Palms..............
Marine Corps Air $6,240,000
Station, Camp
Pendleton..........
Marine Corps Base, $51,630,000
Camp Pendleton.
Naval Air Station, $86,502,000
North Island.
Naval Facility, San $17,000,000
Clemente Island.
Naval Station, San $7,050,000
Diego.
Naval Command $1,960,000
Control & Ocean
Surveillance
Center, San Diego..
Connecticut....................... Naval Submarine $13,830,000
Base, New London.
District of Columbia.............. Naval District, $19,300,000
Washington.
Florida........................... Naval Air Station, $2,250,000
Key West.
Naval Station, $2,800,000
Mayport.
Georgia........................... Marine Corps $1,630,000
Logistics Base,
Albany.
Naval Submarine $1,550,000
Base, Kings Bay.
Hawaii............................ Marine Corps Air $20,080,000
Station, Kaneohe
Bay.
Naval Station, Pearl $19,600,000
Harbor.
Naval Submarine $35,890,000
Base, Pearl Harbor.
Idaho............................. Naval Surface $7,150,000
Warfare Center,
Bayview.
Illinois.......................... Naval Hospital, $15,200,000
Great Lakes.
Naval Training $22,900,000
Center, Great Lakes.
Indiana........................... Naval Surface $5,000,000
Warfare Center,
Crane.
Maryland.......................... Naval Air Warfare $1,270,000
Center, Patuxent
River..............
Nevada............................ Naval Air Station, $16,200,000
Fallon.
North Carolina.................... Marine Corps Air $1,630,000
Station, Cherry
Point.
Marine Corps Air $20,290,000
Station, New River.
Marine Corps Base, $20,750,000
Camp LeJeune.
Pennsylvania...................... Philadelphia Naval $8,300,000
Shipyard.
South Carolina.................... Marine Corps Recruit $4,990,000
Detachment, Parris
Island.
Texas............................. Naval Station, $16,850,000
Ingleside.
Naval Air Station, $1,810,000
Kingsville.
Virginia.......................... Armed Forces Staff $12,900,000
College, Norfolk.
Fleet Combat $7,000,000
Training Command,
Dam Neck...........
Marine Corps Combat $14,570,000
Development
Command, Quantico..
Naval Station, $56,120,000
Norfolk.
Naval Surface $8,030,000
Warfare Center,
Dahlgren.
Washington........................ Naval Station, $25,740,000
Everett.
Naval Undersea $6,800,000
Warfare Center.
CONUS Various..................... Defense access roads $300,000
---------------
Total............. $583,652,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
---------------------------------------------------------------------------
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................... Administrative $5,980,000
Support Unit,
Bahrain.
Greece............................ Naval Support $11,050,000
Activity, Souda Bay.
Italy............................. Naval Air Station, $15,700,000
Sigonella.
Naval Support $8,620,000
Activity, Naples.
United Kingdom.................... Joint Maritime $4,700,000
Communications
Center, St. Mawgan.
---------------
Total............. $46,050,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(6)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Marine Corps Air Station, Ancillary Facility........ $709,000
Yuma.....................
California.............................. Marine Corps Air-Ground Ancillary Facility........ $2,938,000
Combat Center, Twentynine
Palms....................
Marine Corps Base, Camp 202 Units................. $29,483,000
Pendleton................
Naval Air Station, Lemoore 276 Units................. $39,837,000
Navy Public Works Center, 466 Units................. $63,429,000
San Diego................
Florida................................. Naval Station, Mayport.... 100 Units................. $10,000,000
Hawaii.................................. Marine Corps Air Station, 54 Units.................. $11,676,000
Kaneohe Bay..............
Navy Public Works Center, 264 Units................. $52,586,000
Pearl Harbor.............
Maine................................... Naval Air Station, 92 Units.................. $10,925,000
Brunswick................
Maryland................................ Naval Air Warfare Center, Ancillary Facility........ $1,233,000
Patuxent River...........
North Carolina.......................... Marine Corps Base, Camp Ancillary Facility........ $845,000
LeJeune..................
Marine Corps Base, Camp 125 Units................. $13,360,000
LeJeune..................
South Carolina.......................... Marine Corps Air Station, 200 Units................. $19,110,000
Beaufort.................
Texas................................... Corpus Christi Naval 156 Units................. $17,425,000
Complex..................
Naval Air Station, 48 Units.................. $7,550,000
Kingsville...............
Virginia................................ AEGIS Combat Systems 20 Units.................. $2,975,000
Center, Wallops Island...
Naval Security Group Ancillary Facility........ $741,000
Activity, Northwest......
Washington.............................. Naval Station, Everett.... 100 Units................. $15,015,000
Naval Submarine Base, Ancillary Facility........ $934,000
Bangor...................
---------------
Total................... $300,771,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $22,552,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(6)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $209,133,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military
[[Page 1177]]
family housing functions of the Department of the Navy in the
total amount of $2,309,273,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $583,652,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $46,050,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,115,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,959,000.
(5) For demolition of excess facilities under section 2814
of title 10, United States Code, as added by section 2802,
$10,000,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$532,456,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$1,058,241,000.
(7) For the construction of a bachelor enlisted quarters at
the Naval Construction Batallion Center, Port Hueneme,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 525), $7,700,000.
(8) For the construction of a Strategic Maritime Research
Center at the Naval War College, Newport, Rhode Island,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3031), $8,000,000.
(9) For the construction of the large anachoic chamber
facility at the Patuxent River Naval Warfare Center, Aircraft
Division, Maryland, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2590),
$10,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (9) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $12,000,000,
which represents the combination of project savings resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION, NORTH
ISLAND, CALIFORNIA.
(a) Cost-Sharing Agreement.--With regard to the portion of
the military construction project for Naval Air Station,
North Island, California, authorized by section 2201(a) and
involving on-shore and near-shore beach replenishment, the
Secretary of the Navy shall endeavor to enter into an
agreement with the State of California and local governments
in the vicinity of the project, under which the State and
local governments agree to cover not less than 50 percent of
the cost incurred by the Secretary to carry out the beach
replenishment portion of the project.
(b) Activities Pending Agreement.--The Secretary shall not
delay commencement of, or activities under, the construction
project described in subsection (a), including the beach
replenishment portion of the project, pending the execution
of the cost-sharing agreement, except that, within amounts
appropriated for the project, Federal expenditures may not
exceed $9,630,000 for beach replenishment.
SEC. 2206. LEASE TO FACILITATE CONSTRUCTION OF RESERVE
CENTER, NAVAL AIR STATION, MERIDIAN,
MISSISSIPPI.
(a) Lease of Property for Construction of Reserve Center.--
(1) The Secretary of the Navy may lease, without
reimbursement, to the State of Mississippi (in this section
referred to as the ``State''), approximately five acres of
real property located at Naval Air Station, Meridian,
Mississippi. The State shall use the property to construct a
reserve center of approximately 22,000 square feet and
ancillary supporting facilities.
(2) The term of the lease under this subsection shall
expire on the same date that the lease authorized by
subsection (b) expires.
(b) Leaseback of Reserve Center.--(1) The Secretary may
lease from the State the property and improvements
constructed pursuant to subsection (a) for a five-year
period. The term of the lease shall begin on the date on
which the improvements are available for occupancy, as
determined by the Secretary.
(2) Rental payments under the lease under paragraph (1) may
not exceed $200,000 per year, and the total amount of the
rental payments for the entire period may not exceed 20
percent of the total cost of constructing the reserve center
and ancillary supporting facilities.
(3) Subject to the availability of appropriations for this
purpose, the Secretary may use funds appropriated pursuant to
an authorization of appropriations for the operation and
maintenance of the Naval Reserve to make rental payments
required under this subsection.
(c) Effect of Termination of Leases.--At the end of the
lease term under subsection (b), the State shall convey,
without reimbursement, to the United States all right, title,
and interest of the State in the reserve center and ancillary
supporting facilities subject to the lease.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the leases under this section as the Secretary considers
appropriate to protect the interests of the United States.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Maxwell Air Force $7,875,000
Base.
Alaska............................ Elmendorf Air Force $21,530,000
Base.
Arizona........................... Davis-Monthan Air $9,920,000
Force Base.
Luke Air Force Base. $6,700,000
Arkansas.......................... Little Rock Air $18,105,000
Force Base.
California........................ Beale Air Force Base $14,425,000
Edwards Air Force $20,080,000
Base.
Travis Air Force $16,230,000
Base.
Vandenberg Air Force $3,290,000
Base.
Colorado.......................... Buckley Air National $17,960,000
Guard Base.
Falcon Air Force $2,095,000
Station.
Peterson Air Force $20,720,000
Base.
United States Air $12,165,000
Force Academy.
Delaware.......................... Dover Air Force Base $7,980,000
Florida........................... Eglin Air Force Base $4,590,000
Eglin Auxiliary $6,825,000
Field 9.
Patrick Air Force $2,595,000
Base.
Tyndall Air Force $3,600,000
Base.
Georgia........................... Robins Air Force $22,645,000
Base.
Idaho............................. Mountain Home Air $15,845,000
Force Base.
Kansas............................ McConnell Air Force $15,580,000
Base.
Louisiana......................... Barksdale Air Force $4,890,000
Base.
Maryland.......................... Andrews Air Force $5,990,000
Base.
Mississippi....................... Keesler Air Force $14,465,000
Base.
Nevada............................ Indian Springs Air $4,690,000
Force Auxiliary Air
Field..............
New Jersey........................ McGuire Air Force $8,080,000
Base.
North Carolina.................... Pope Air Force Base. $5,915,000
Seymour Johnson Air $11,280,000
Force Base.
North Dakota...................... Grand Forks Air $12,470,000
Force Base.
Minot Air Force Base $3,940,000
Ohio.............................. Wright-Patterson Air $7,400,000
Force Base.
Oklahoma.......................... Tinker Air Force $9,880,000
Base.
South Carolina.................... Charleston Air Force $37,410,000
Base.
Shaw Air Force Base. $5,665,000
Tennessee......................... Arnold Engineering $12,481,000
Development Center.
Texas............................. Brooks Air Force $5,400,000
Base.
Dyess Air Force Base $12,295,000
Kelly Air Force Base $3,250,000
Lackland Air Force $9,413,000
Base.
Sheppard Air Force $9,400,000
Base.
Utah.............................. Hill Air Force Base. $3,690,000
Virginia.......................... Langley Air Force $8,005,000
Base.
Washington........................ Fairchild Air Force $18,155,000
Base.
McChord Air Force $57,065,000
Base.
Wyoming........................... F. E. Warren Air $3,700,000
Force Base.........
---------------
Total............. $525,684,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................... Ramstein Air Force $5,370,000
Base.
Spangdahlem Air Base $1,890,000
Italy............................. Aviano Air Base..... $10,060,000
Korea............................. Osan Air Base....... $9,780,000
Turkey............................ Incirlik Air Base... $7,160,000
United Kingdom.................... Croughton Royal Air $1,740,000
Force Base.
Lakenheath Royal Air $17,525,000
Force Base.
Mildenhall Royal Air $6,195,000
Force Base.
Overseas Classified............... Classified Locations $18,395,000
---------------
Total............. $78,115,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(6)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base.... 72 Units.................. $21,127,000
Eielson Air Force Base.... Ancillary Facility........ $2,950,000
California.............................. Beale Air Force Base...... 56 Units.................. $8,893,000
Los Angeles Air Force Base 25 Units.................. $6,425,000
Travis Air Force Base..... 70 Units.................. $8,631,000
Vandenberg Air Force Base. 112 Units................. $20,891,000
District of Columbia.................... Bolling Air Force Base.... 40 Units.................. $5,000,000
Florida................................. Eglin Auxiliary Field 9... 1 Unit.................... $249,000
MacDill Air Force Base.... 56 Units.................. $8,822,000
Patrick Air Force Base.... Ancillary Facility........ $2,430,000
Tyndall Air Force Base.... 42 Units.................. $6,000,000
Georgia................................. Robins Air Force Base..... 46 Units.................. $5,252,000
Louisiana............................... Barksdale Air Force Base.. 80 Units.................. $9,570,000
Maryland................................ Hanscom Air Force Base.... 32 Units.................. $5,100,000
Missouri................................ Whiteman Air Force Base... 68 Units.................. $9,600,000
Nevada.................................. Nellis Air Force Base..... 50 Units.................. $7,955,000
New Mexico.............................. Kirtland Air Force Base... 50 Units.................. $5,450,000
North Dakota............................ Grand Forks Air Force Base 66 Units.................. $7,784,000
Minot Air Force Base...... 46 Units.................. $8,740,000
Texas................................... Lackland Air Force Base... 132 Units................. $11,500,000
Lackland Air Force Base... Ancillary Facility........ $800,000
Washington.............................. McChord Air Force Base.... 50 Units.................. $5,659,000
---------------
[[Page 1178]]
Total................... $168,828,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $9,590,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(6)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $125,650,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,823,456,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $525,684,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $78,115,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $12,328,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $47,387,000.
(5) For demolition of excess facilities under section 2814
of title 10, United States Code, as added by section 2802,
$10,000,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$304,068,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $840,474,000.
(7) For the construction of a corrosion control facility at
Tinker Air Force Base, Oklahoma, authorized by section
2301(a) of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat.
530), $5,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2406(a)(1), and, in the case of the projects described in
paragraphs (2) and (3) of section 2406(b), other amounts
appropriated pursuant to authorizations enacted after this
Act for such projects, the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization Program. Pueblo Chemical $179,000,000
Activity, Colorado.
Defense Finance & Accounting Charleston, South $6,200,000
Service.......................... Carolina...........
Gentile Air Force $11,400,000
Station, Ohio......
Griffiss Air Force $10,200,000
Base, New York.....
Loring Air Force $6,900,000
Base, Maine........
Naval Training $2,600,000
Center, Orlando,
Florida............
Norton Air Force $13,800,000
Base, California...
Offutt Air Force $7,000,000
Base, Nebraska.....
Rock Island Arsenal, $14,400,000
Illinois...........
Defense Intelligence Agency....... Bolling Air Force $6,790,000
Base, District of
Columbia...........
Defense Logistics Agency.......... Altus Air Force $3,200,000
Base, Oklahoma.....
Andrews Air Force $12,100,000
Base, Maryland.....
Barksdale Air Force $4,300,000
Base, Louisiana....
Defense Construction $600,000
Supply Center,
Columbus, Ohio.....
Defense $15,700,000
Distribution, San
Diego, California..
Elmendorf Air Force $18,000,000
Base, Alaska.......
McConnell Air Force $2,200,000
Base, Kansas.......
Naval Air Facility, $5,700,000
El Centro,
California.........
Naval Air Station, $2,100,000
Fallon, Nevada.....
Naval Air Station, $1,500,000
Oceana, Virginia...
Shaw Air Force Base, $2,900,000
South Carolina.....
Travis Air Force $15,200,000
Base, California...
Defense Medical Facility Office... Andrews Air Force $15,500,000
Base, Maryland.....
Charleston Air Force $1,300,000
Base, South
Carolina...........
Fort Bliss, Texas... $6,600,000
Fort Bragg, North $11,400,000
Carolina...........
Fort Hood, Texas.... $1,950,000
Marine Corps Base, $3,300,000
Camp Pendleton,
California.........
Maxwell Air Force $25,000,000
Base, Alabama......
Naval Air Station, $15,200,000
Key West, Florida..
Naval Air Station, $1,250,000
Norfolk, Virginia..
Naval Air Station, $38,000,000
Lemoore, California
Special Operations Command........ Fort Bragg, North $14,000,000
Carolina...........
Fort Campbell, $4,200,000
Kentucky...........
MacDill Air Force $9,600,000
Base, Florida......
Naval Amphibious $7,700,000
Base, Coronado,
California.........
Naval Station, Ford $12,800,000
Island, Pearl
Harbor, Hawaii.....
---------------
Total............. $509,590,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2406(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Logistics Agency.......... Moron Air Base, $12,958,000
Spain..............
Naval Air Station, $6,100,000
Sigonella, Italy...
Defense Medical Facility Office... Administrative $4,600,000
Support Unit,
Bahrain, Bahrain...
---------------
Total............. $23,658,000
------------------------------------------------------------------------
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the authorization of
appropriation in section 2406(a)(14)(A), the Secretary of
Defense may carry out architectural and engineering services
and construction design activities with respect to the
construction or improvement of military family housing units
in an amount not to exceed $500,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriation in section 2406(a)(14)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $3,871,000.
SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.
(a) Availability of Funds for Credit to Family Housing
Improvement Fund.--(1) Of the amount authorized to be
appropriated pursuant to section 2406(a)(14)(C), $35,000,000
shall be available for credit to the Department of Defense
Family Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code.
(2) Of the amount authorized to be appropriated pursuant to
section 2406(a)(14)(D), $10,000,000 shall be available for
credit to the Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
such title.
(b) Use of Funds.--(1) The Secretary of Defense may use
funds credited to the Department of Defense Family Housing
Improvement Fund under subsection (a)(1) to carry out any
activities authorized by subchapter IV of chapter 169 of such
title with respect to military family housing.
(2) The Secretary of Defense may use funds credited to the
Department of Defense Military Unaccompanied Housing
Improvement Fund under subsection (a)(2) to carry out any
activities authorized by subchapter IV of chapter 169 of such
title with respect to military unaccompanied housing.
SEC. 2405. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2406(a)(12), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $3,431,670,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $346,487,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $23,658,000.
(3) For military construction projects at Naval Hospital,
Portsmouth, Virginia, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization
Act for Fiscal Years 1990 and 1991 (division B of Public Law
101-189; 103 Stat. 1640), $24,000,000.
(4) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2599), $72,000,000.
(5) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (106 Stat. 2599), $89,000,000.
(6) For military construction projects at Pine Bluff
Arsenal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of the Public Law 103-337; 108 Stat. 3040),
$46,000,000.
(7) For military construction projects at Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (108
Stat. 3040), $64,000,000.
(8) For military construction projects at Defense Finance
and Accounting Service, Co
[[Page 1179]]
lumbus, Ohio, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 535), $20,822,000.
(9) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $16,874,000.
(10) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $9,500,000.
(11) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $12,239,000.
(12) For energy conservation projects under section 2865 of
title 10, United States Code, $47,765,000.
(13) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,507,476,000.
(14) For military family housing functions:
(A) For improvement and planning of military family housing
and facilities, $4,371,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$30,963,000, of which not more than $25,637,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(C) For credit to the Department of Defense Family Housing
Improvement Fund as authorized by section 2404(a)(1) of this
Act, $35,000,000.
(D) For credit to the Department of Defense Military
Unaccompanied Housing Improvement Fund as authorized by
section 2404(a)(2) of this Act, $10,000,000.
(E) For the Homeowners Assistance Program as authorized by
section 2832 of title 10, United States Code, $36,181,000, to
remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $161,503,000 (the balance of the amount authorized
under section 2401(a) of this Act for the construction of a
chemical demilitarization facility at Pueblo Army Depot,
Colorado); and
(3) $1,600,000 (the balance of the amount authorized under
section 2401(a) of this Act for the construction of a
replacement facility for the medical and dental clinic, Key
West Naval Air Station, Florida).
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1996, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Security
Investment Program as authorized by section 2501, in the
amount of $177,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1996, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$41,316,000; and
(B) for the Army Reserve, $50,159,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $33,169,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$118,394,000; and
(B) for the Air Force Reserve, $51,655,000.
SEC. 2602. NAMING OF RANGE AT CAMP SHELBY, MISSISSIPPI.
(a) Name.--The Multi Purpose Range Complex (Heavy) at Camp
Shelby, Mississippi, shall after the date of the enactment of
this Act be known and designated as the ``G.V. (Sonny)
Montgomery Range''. Any reference to such range in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the G.
V. (Sonny) Montgomery Range.
(b) Effective Date.--Subsection (a) shall take effect at
noon on January 3, 1997, or the first day on which G. V.
(Sonny) Montgomery otherwise ceases to be a Member of the
House of Representatives.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 1999; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2000.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Infrastructure program (and authorizations of appropriations
therefor), for which appropriated funds have been obligated
before the later of--
(1) October 1, 1999; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2000 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1994 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1880),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2102, 2201,
2301, or 2601 of that Act, shall remain in effect until
October 1, 1997, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
1998, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Jersey.............................. Picatinny Arsenal......... Advance Warhead $4,400,000
Development Facility.....
North Carolina.......................... Fort Bragg................ Land Acquisition.......... $15,000,000
Wisconsin............................... Fort McCoy................ Family Housing $2,950,000
Construction (16 units)..
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or Location Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton Marine Sewage Facility........... $7,930,000
Corps Base...............
Connecticut............................. New London Naval Submarine Hazardous Waste Transfer $1,450,000
Base..................... Facility.................
New Jersey.............................. Earle Naval Weapons Explosives Holding Yard... $1,290,000
Station..................
Virginia................................ Oceana Naval Air Station.. Jet Engine Test Cell $5,300,000
Replacement..............
Various Locations....................... Various Locations......... Land Acquisition Inside $540,000
the United States........
Various Locations....................... Various Locations......... Land Acquisition Outside $800,000
the United States........
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base.... Upgrade Water Treatment $3,750,000
Plant....................
Elmendorf Air Force Base.. Corrosion Control Facility $5,975,000
California.............................. Beale Air Force Base...... Educational Center........ $3,150,000
Florida................................. Tyndall Air Force Base.... Base Supply Logistics $2,600,000
Center...................
Mississippi............................. Keesler Air Force Base.... Upgrade Student Dormitory. $4,500,000
North Carolina.......................... Pope Air Force Base....... Add To and Alter $4,300,000
Dormitories..............
Virginia................................ Langley Air Force Base.... Fire Station.............. $3,850,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Birmingham................ Aviation Support Facility. $4,907,000
Arizona................................. Marana.................... Organizational Maintenance $553,000
Shop.....................
Marana.................... Dormitory/Dining Facility. $2,919,000
California.............................. Fresno.................... Organizational Maintenance $905,000
Shop Modification........
Van Nuys.................. Armory Addition........... $6,518,000
New Mexico.............................. White Sands Missile Range. Organizational Maintenance $2,940,000
Shop.....................
Tactical Site............. $1,995,000
MATES..................... $3,570,000
Pennsylvania............................ Indiantown Gap............ State Military Building... $9,200,000
[[Page 1180]]
Johnstown................. Armory Addition/Flight $5,004,000
Facility.................
Johnstown................. Armory.................... $3,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1993 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2602),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2301, or 1601 of
that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 541), shall remain in
effect until October 1, 1997, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 1998, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas................................ Pine Bluff Arsenal........ Ammunition $15,000,000
Demilitarization Support
Facility.................
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
Country Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal................................ Lajes Field............... Water Wells............... $865,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Tuscaloosa................ Armory.................... $2,273,000
Union Springs............. Armory.................... $813,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535),
authorizations for the projects set forth in the table in
subsection (b), as provided in section 2201 of that Act and
extended by section 2702(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3047) and section 2703(a) of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 543), shall
remain in effect until October 1, 1997, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 1998, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon.................................. Umatilla Army Depot....... Ammunition $3,600,000
Demilitarization Support
Facility.................
Umatilla Army Depot....... Ammunition $7,500,000
Demilitarization
Utilities................
----------------------------------------------------------------------------------------------------------------
SEC. 2705. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction and Military Family Housing
SEC. 2801. NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM.
(a) Change in Reference to Earlier Program.--(1) Section
2806(b) of title 10, United States Code, is amended by
striking out ``North Atlantic Treaty Organization
Infrastructure program'' and inserting in lieu thereof
``North Atlantic Treaty Organization Security Investment
Program''.
(2) Section 2861(b)(3) of such title is amended by striking
out ``North Atlantic Treaty Organization Infrastructure
program'' and inserting in lieu thereof ``North Atlantic
Treaty Organization Security Investment Program''.
(b) Clerical Amendments.--(1) The heading of section 2806
of such title is amended to read as follows:
``Sec. 2806. Contributions for North Atlantic Treaty
Organization Security Investment Program''.
(2) The item relating to such section in the table of
sections at the beginning of subchapter I of chapter 169 of
such title is amended to read as follows:
``2806. Contributions for North Atlantic Treaty Organization Security
Investment Program.''.
SEC. 2802. AUTHORITY TO DEMOLISH EXCESS FACILITIES.
(a) Demolition Authorized.--Subchapter I of chapter 169 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2814. Demolition of excess facilities
``(a) Demolition Using Military Construction
Appropriations.--Within an amount equal to 125 percent of the
amount appropriated for such purpose in the military
construction account, the Secretary concerned may carry out
the demolition of a facility on a military installation when
the facility is determined by the Secretary concerned to be--
``(1) excess to the needs of the military department or
Defense Agency concerned; and
``(2) not suitable for reuse.
``(b) Demolitions Using Operations and Maintenance Funds.--
Using funds available to the Secretary concerned for
operation and maintenance, the Secretary concerned may carry
out a demolition project involving an excess facility
described in subsection (a), except that the amount obligated
on the project may not exceed the maximum amount authorized
for a minor construction project under section 2805(c)(1) of
this title.
``(c) Advance Approval of Certain Projects.--(1) A
demolition project under this section that would cost more
than $500,000 may not be carried out under this section
unless approved in advance by the Secretary concerned.
``(2) When a decision is made to demolish a facility
covered by paragraph (1), the Secretary concerned shall
submit a report in writing to the appropriate committees of
Congress on that decision. Each such report shall include--
``(A) the justification for the demolition and the current
estimate of its costs, and
``(B) the justification for carrying out the project under
this section.
``(3) The demolition project may be carried out only after
the end of the 21-day period beginning on the date the
notification is received by such committees.
``(d) Certain Projects Prohibited.--(1) A demolition
project involving military family housing may not be carried
out under the authority of this section.
``(2) A demolition project required as a result of a base
closure action authorized by title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) or the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) may not be carried
out under the authority of this section.
``(3) A demolition project required as a result of
environmental contamination shall be carried out under the
authority of the environmental restoration program under
section 2701(b)(3) of this title.
``(e) Demolition Included in Specific Military Construction
Project.--Nothing in this section is intended to preclude the
inclusion of demolition of facilities as an integral part of
a specific military construction project when the demolition
is required for accomplishment of the intent of that
construction project.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2814. Demolition of excess facilities.''.
SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.
(a) Authorized Improvements.--Subsection (a)(2) of section
2825 of title 10, United States Code, is amended--
(1) by inserting ``major'' before ``maintenance''; and
(2) by adding at the end the following: ``Such term does
not include day-to-day maintenance and repair.''.
(b) Limitation.--Subsection (b) of such is amended by
striking out paragraph (2) and inserting in lieu thereof the
following new paragraph:
``(2) In determining the applicability of the limitation
contained in paragraph (1), the Secretary concerned shall
include as part of the cost of the improvement the following:
``(A) The cost of major maintenance or repair work
(excluding day-to-day maintenance and repair) undertaken in
connection with the improvement.
``(B) Any cost, beyond the five-foot line of a housing
unit, in connection with--
``(i) the furnishing of electricity, gas, water, and sewage
disposal;
``(ii) the construction or repair of roads, drives, and
walks; and
``(iii) grading and drainage work.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN
INTRAGOVERNMENT TRANSFERS UNDER 1988 BASE
CLOSURE LAW.
Section 204(b)(2) of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note), is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) The Secretary of Defense may transfer real property
or facilities located at a military installation to be closed
or realigned under this title, with or without reimbursement,
to a military department or other entity (including a
nonappropriated fund instrumentality) within the Department
of Defense or the Coast Guard.''.
SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FACILITIES
REMAINING ON CLOSED INSTALLATIONS.
(a) 1988 Law.--Section 204(b)(8)(A) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 10 U.S.C. 2687 note), is
[[Page 1181]]
amended by inserting ``or at facilities remaining on
installations closed under this title'' after ``under this
title''.
(b) 1990 Law.--Section 2905(b)(8)(A) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), is amended by
inserting ``or at facilities remaining on installations
closed under this part'' after ``under this part''.
SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MANUFACTURED
HOUSING.
(a) 1988 Law.--Section 204 of the Defense Authorization
Amendments and Base Closure and Realignment Act (title II of
Public Law 100-526; 10 U.S.C. 2687 note), is amended by
adding at the end the following new subsection:
``(f) Acquisition of Manufactured Housing.--(1) In closing
or realigning any military installation under this title, the
Secretary may purchase any or all right, title, and interest
of a member of the Armed Forces and any spouse of the member
in manufactured housing located at a manufactured housing
park established at an installation closed or realigned under
this title, or make a payment to the member to relocate the
manufactured housing to a suitable new site, if the Secretary
determines that--
``(A) it is in the best interests of the Federal Government
to eliminate or relocate the manufactured housing park; and
``(B) the elimination or relocation of the manufactured
housing park would result in an unreasonable financial
hardship to the owners of the manufactured housing.
``(2) Any payment made under this subsection shall not
exceed 90 percent of the purchase price of the manufactured
housing, as paid by the member or any spouse of the member,
plus the cost of any permanent improvements subsequently made
to the manufactured housing by the member or spouse of the
member.
``(3) The Secretary shall dispose of manufactured housing
acquired under this subsection through resale, donation,
trade or otherwise within one year of acquisition.''.
(b) 1990 Law.--Section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), is amended by adding at the
end the following new subsection:
``(g) Acquisition of Manufactured Housing.--(1) In closing
or realigning any military installation under this part, the
Secretary may purchase any or all right, title, and interest
of a member of the Armed Forces and any spouse of the member
in manufactured housing located at a manufactured housing
park established at an installation closed or realigned under
this part, or make a payment to the member to relocate the
manufactured housing to a suitable new site, if the Secretary
determines that--
``(A) it is in the best interests of the Federal Government
to eliminate or relocate the manufactured housing park; and
``(B) the elimination or relocation of the manufactured
housing park would result in an unreasonable financial
hardship to the owners of the manufactured housing.
``(2) Any payment made under this subsection shall not
exceed 90 percent of the purchase price of the manufactured
housing, as paid by the member or any spouse of the member,
plus the cost of any permanent improvements subsequently made
to the manufactured housing by the member or spouse of the
member.
``(3) The Secretary shall dispose of manufactured housing
acquired under this subsection through resale, donation,
trade or otherwise within one year of acquisition.''.
SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUSTMENT AND
DIVERSIFICATION ASSISTANCE IS AUTHORIZED.
Section 2391(b)(5) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds in order to assist a State in enhancing its
capacities--
``(i) to assist communities, businesses, and workers
adversely affected by an action described in paragraph (1);
``(ii) to support local adjustment and diversification
initiatives; and
``(iii) to stimulate cooperation between statewide and
local adjustment and diversification efforts.''.
SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER
CERCLA IN CONNECTION WITH LORING AIR FORCE
BASE, MAINE.
From amounts in the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the
Secretary of Defense may expend not more than $50,000 to pay
stipulated civil penalties assessed under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) against Loring Air Force Base,
Maine.
SEC. 2816. PLAN FOR UTILIZATION, REUTILIZATION, OR DISPOSAL
OF MISSISSIPPI ARMY AMMUNITION PLANT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to Congress
a plan for the utilization, reutilization, or disposal of the
Mississippi Army Ammunition Plant, Hancock County,
Mississippi.
Subtitle C--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2821. TRANSFER AND EXCHANGE OF JURISDICTION, ARLINGTON
NATIONAL CEMETERY, ARLINGTON, VIRGINIA.
(a) Transfer of Certain Section 29 Lands.--(1) The
Secretary of the Interior shall transfer to the Secretary of
the Army administrative jurisdiction over the following lands
located in section 29 of the unit of the National Park System
known as Arlington National Cemetery, Virginia:
(A) The lands known as the Arlington National Cemetery
Interment Zone.
(B) The lands known as the Robert E. Lee Memorial
Preservation Zone, except those lands in the preservation
zone that the Secretary of the Interior determines to retain
because of the historical significance of the lands.
(2) The transfer of lands under paragraph (1) shall be
carried out in accordance with the Interagency Agreement
entered into by the Secretary of the Army and the Secretary
of the Interior on February 22, 1995.
(b) Exchange of Additional Land.--(1) The Secretary of the
Interior shall transfer to the Secretary of the Army
administrative jurisdiction over a parcel of land, including
any improvements thereon, consisting of approximately 2.43
acres, located in the Memorial Drive entrance area to
Arlington National Cemetery.
(2) In exchange for the transfer under paragraph (1), the
Secretary of the Army shall transfer to the Secretary of the
Interior administrative jurisdiction over a parcel of land,
including any improvements thereon, consisting of
approximately 0.17 acres, located at Arlington National
Cemetery, and known as the Old Administrative Building site.
The Secretary of the Army shall grant to the Secretary of the
Interior a perpetual right of ingress and egress to the
parcel transferred this paragraph.
(c) Legal Description.--The exact acreage and legal
descriptions of the lands to be transferred pursuant to this
section shall be determined by surveys satisfactory to the
Secretary of the Interior and the Secretary of the Army. The
costs of the surveys shall be borne by the Secretary of the
Army.
SEC. 2822. LAND CONVEYANCE, ARMY RESERVE CENTER, RUSHVILLE,
INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Rushville,
Indiana (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of excess real property, including improvements
thereon, that is located in Rushville, Indiana, and contains
the Rushville Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City retain the conveyed property for the use and benefit
of the Rushville Police Department.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER, ANDERSON,
SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the County of Anderson,
South Carolina (in this section referred to as the
``County''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, that is located at 805 East Whitner
Street in Anderson, South Carolina, and contains an Army
Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the County retain the conveyed property for the use and
benefit of the Anderson County Department of Education.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2824. REAFFIRMATION OF LAND CONVEYANCES, FORT SHERIDAN,
ILLINOIS.
As soon as practicable after the date of the enactment of
this Act, the Secretary of the Army shall complete the land
conveyances involving Fort Sheridan, Illinois, required or
authorized under section 125 of the Military Construction
Appropriations Act, 1996 (Public Law 104-32; 109 Stat. 290).
PART II--NAVY CONVEYANCES
SEC. 2831. RELEASE OF CONDITION ON RECONVEYANCE OF
TRANSFERRED LAND, GUAM.
(a) In General.--Section 818(b)(2) of the Military
Construction Authorization Act, 1981 (Public Law 96-418; 94
Stat. 1782), relating to a condition on disposal by Guam of
lands conveyed to Guam by the United States, shall have no
force or effect and is repealed.
(b) Execution of Instruments.--The Secretary of the Navy
and the Administrator of
[[Page 1182]]
General Services shall execute all instruments necessary to
implement this section.
SEC. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK NAVAL
SHIPYARD, VIRGINIA.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey to such private person as the Secretary considers
appropriate (in this section referred to as the
``transferee'') all right, title, and interest of the United
States in and to a parcel of real property that is located at
the Norfolk Naval Shipyard, Virginia, and, as of the date of
the enactment of this Act, is a portion of the property
leased to the Norfolk Shipbuilding and Drydock Company
pursuant to the Department of the Navy lease N00024-84-L-
0004, effective October 1, 1984, as extended.
(2) Pending completion of the conveyance authorized by
paragraph (1), the Secretary may lease the real property to
the transferee upon such terms as the Secretary considers
appropriate.
(b) Consideration.--As consideration for the conveyance
under subsection (a), including any interim lease authorized
by such subsection, the transferee shall--
(1) convey to the United States all right, title, and
interest to a parcel or parcels of real property, together
with any improvements thereon, located in the area of
Portsmouth, Virginia, which are determined to be acceptable
to the Secretary; and
(2) pay to the Secretary an amount equal to the amount, if
any, by which the fair market value of the parcel conveyed by
the Secretary under subsection (a) exceeds the fair market
value of the parcel conveyed to the United States under
paragraph (1).
(c) Use of Rental Amounts.--The Secretary may use the
amounts received as rent from any lease entered into under
the authority of subsection (a)(2) to fund environmental
studies of the parcels of real property to be conveyed under
this section.
(d) In-Kind Consideration.--The Secretary and the
transferee may agree that, in lieu of all or any part of the
consideration required by subsection (b)(2), the transferee
may provide and the Secretary may accept the improvement,
maintenance, protection, repair, or restoration of real
property under the control of the Secretary in the area of
Hampton Roads, Virginia.
(e) Determination of Fair Market Value and Property
Description.--The Secretary shall determine the fair market
value of the parcels of real property to be conveyed under
subsections (a) and (b)(1). The exact acreage and legal
description of the parcels shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the transferee.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2833. LAND CONVEYANCE, CALVERTON PINE BARRENS, NAVAL
WEAPONS INDUSTRIAL RESERVE PLANT, CALVERTON,
NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the Department of
Environmental Conservation of the State of New York (in this
section referred to as the ``Department''), all right, title,
and interest of the United States in and to the Calverton
Pine Barrens located at the Naval Weapons Industrial Reserve
Plant, Calverton, New York.
(b) Effect on Other Conveyance Authority.--The conveyance
authorized by this subsection shall not affect the transfer
of jurisdiction of a portion of the Calverton Pine Barrens
authorized by section 2865 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106; 110 Stat. 576).
(c) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
Department agree--
(1) to maintain the conveyed property as a nature preserve,
as required by section 2854 of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2626), as amended by section 2823 of
the Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103-337; 108 Stat. 3058);
(2) to designate the conveyed property as the ``Otis G.
Pike Preserve''; and
(3) to continue to allow the level of sporting activities
on the conveyed property as permitted at the time of the
conveyance.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Department.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(f) Calverton Pine Barrens Defined.--In this section, the
term ``Calverton Pine Barrens'' has the meaning given that
term in section 2854(d)(1) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2626).
PART III--AIR FORCE CONVEYANCES
SEC. 2841. CONVEYANCE OF PRIMATE RESEARCH COMPLEX, HOLLOMAN
AIR FORCE BASE, NEW MEXICO.
(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Secretary of the Air Force may dispose
of all right, title, and interest of the United States in and
to the primate research complex at Holloman Air Force Base,
New Mexico. The conveyance may include the colony of
chimpanzees owned by the Air Force that are housed at or
managed from the primate research complex. The conveyance may
not include the real property on which the primate research
complex is located.
(b) Competitive Procedures Required.--The Secretary shall
use competitive procedures in making the conveyance
authorized by subsection (a).
(c) Care and Use Standards.--As part of the solicitation of
bids for the conveyance authorized by subsection (a), the
Secretary shall develop standards for the care and use of the
primate research complex, and of chimpanzees. The Secretary
shall develop the standards in consultation with the
Secretary of Agriculture and the Director of the National
Institutes of Health.
(d) Conditions of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the followings conditions:
(1) That the recipient of the primate research complex--
(A) utilize any chimpanzees included in the conveyance for
scientific research or medical research purposes; or
(B) retire and provide adequate care for such chimpanzees.
(2) That the recipient of the primate research complex
assume from the Secretary any leases at the primate research
complex that are in effect at the time of the conveyance.
(e) Description of Complex.--The exact legal description of
the primate research complex to be conveyed under subsection
(a) shall be determined by a survey or other means
satisfactory to the Secretary. The cost of any survey or
other services performed at the direction of the Secretary
under the authority in the preceding sentence shall be borne
by the recipient of the primate research complex.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2842. LAND CONVEYANCE, RADAR BOMB SCORING SITE, BELLE
FOURCHE, SOUTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Belle Fourche
School District, Belle Fourche, South Dakota (in this section
referred to as the ``District''), all right, title, and
interest of the United States in and to a parcel of real
property, together with any improvements thereon, consisting
of approximately 37 acres located in Belle Fourche, South
Dakota, which has served as the location of a support complex
and housing facilities for Detachment 21 of the 554th Range
Squadron, an Air Force Radar Bomb Scoring Site located in
Belle Fourche, South Dakota. The conveyance may not include
any portion of the radar bomb scoring site located in the
State of Wyoming.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the District--
(1) use the property and facilities conveyed under such
subsection for education, economic development, and housing
purposes; or
(2) enter into an agreement with an appropriate public or
private entity to sell or lease the property and facilities
to such entity for such purposes.
(c) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the District.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
PART IV--OTHER CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST SITE,
MISSISSIPPI.
(a) Transfer.--The Secretary of Energy may convey, without
compensation, to the State of Mississippi (in this section
referred to as the ``State'') the property known as the Tatum
Salt Dome Test Site, as generally depicted on the map of the
Department of Energy numbered 301913.104.02 and dated June
25, 1993.
(b) Condition on Conveyance.--The conveyance under this
section shall be subject to the condition that the State use
the conveyed property as a wilderness area and working
demonstration forest.
(c) Designation.--The property to be conveyed is hereby
designated as the ``Jamie Whitten Wilderness Area''.
(d) Retained Rights.--The conveyance under this section
shall be subject to each of the following rights to be
retained by the United States:
(1) Retention by the United States of the subsurface estate
below a specified depth. The specified depth shall be 1000
feet below sea level unless a lesser depth is agreed upon by
the Secretary and the State.
(2) Retention by the United States of rights of access, by
easement or otherwise, for such purposes as the Secretary
considers appropriate, including access to monitoring wells
for sampling.
(3) Retention by the United States of the right to install
wells additional to those
[[Page 1183]]
identified in the remediation plan for the property to the
extent such additional wells are considered necessary by the
Secretary to monitor potential pathways of contaminant
migration. Such wells shall be in such locations as specified
by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
determines appropriate to protect the interests of the United
States.
SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING
PLANT, ROLLA, NORTH DAKOTA.
(a) Authority To Convey.--The Administrator of General
Services may convey, without consideration, to the Job
Development Authority of the City of Rolla, North Dakota (in
this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to a parcel
of real property, with improvements thereon and all
associated personal property, consisting of approximately
9.77 acres and comprising the William Langer Jewel Bearing
Plant in Rolla, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority--
(1) use the real and personal property and improvements
conveyed under that subsection for economic development
relating to the jewel bearing plant;
(2) enter into an agreement with an appropriate public or
private entity or person to lease such property and
improvements to that entity or person for such economic
development; or
(3) enter into an agreement with an appropriate public or
private entity or person to sell such property and
improvements to that entity or person for such economic
development.
(c) Preference for Domestic Disposal of Jewel Bearings.--
(1) In offering to enter into agreements pursuant to any
provision of law for the disposal of jewel bearings from the
National Defense Stockpile, the President shall give a right
of first refusal on all such offers to the Authority or to
the appropriate public or private entity or person with which
the Authority enters into an agreement under subsection (b).
(2) For the purposes of this section, the term ``National
Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98(c)).
(d) Availability of Funds for Maintenance and Conveyance of
Plant.--Notwithstanding any other provision of law, funds
available in fiscal year 1995 for the maintenance of the
William Langer Jewel Bearing Plant in Public Law 103-335
shall be available for the maintenance of that plant in
fiscal year 1996, pending conveyance, and for the conveyance
of that plant under this section.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Administrator.
The cost of the survey shall be borne by the Administrator.
(f) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection
with the conveyance under this section as the Administrator
determines appropriate to protect the interests of the United
States.
Subtitle D--Other Matters
SEC. 2861. EASEMENTS FOR RIGHTS-OF-WAY.
Section 2668(a) of title 10, United States Code, is
amended--
(1) by striking out ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (12);
(3) in paragraph (12), as so redesignated, by striking out
``or by the Act of March 4, 1911 (43 U.S.C. 961)''; and
(4) by inserting after paragraph (9) the following new
paragraph:
``(10) poles and lines for the transmission and
distribution of electrical power;
``(11) poles and lines for communication purposes, and for
radio, television, and other forms of communication
transmitting, relay, and receiving structures and facilities;
and''.
SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE AGREEMENTS FOR
THE MANAGEMENT OF CULTURAL RESOURCES ON
MILITARY INSTALLATIONS.
(a) Agreements Authorized.--Chapter 159 of title 10, United
States Code, is amended by inserting after section 2683 the
following new section:
``Sec. 2684. Cooperative agreements for management of
cultural resources
``(a) Authority.--The Secretary of Defense or the Secretary
of a military department may enter into a cooperative
agreement with a State, local government, or other entity for
the preservation, management, maintenance, and improvement of
cultural resources on military installations and for the
conducting of research regarding the cultural resources.
Activities under the cooperative agreement shall be subject
to the availability of funds to carry out the cooperative
agreement.
``(b) Application of Other Laws.--Section 1535 and chapter
63 of title 31 shall not apply to a cooperative agreement
entered into under this section.
``(c) Cultural Resource Defined.--In this section, the term
`cultural resource' means any of the following:
``(1) Any building, structure, site, district, or object
included in or eligible for inclusion in the National
Register of Historic Places under section 101 of the National
Historic Preservation Act (16 U.S.C. 470a).
``(2) Cultural items, as defined in section 2(3) of the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001(3)).
``(3) An archaeological resource, as defined in section
3(1) of the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470bb(1)).
``(4) Archaeological artifact collections and associated
records, as defined in section 79 of title 36, Code of
Federal Regulations.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2683 the following new item:
``2684. Cooperative agreements for management of cultural resources.''.
SEC. 2863. DEMONSTRATION PROJECT FOR INSTALLATION AND
OPERATION OF ELECTRIC POWER DISTRIBUTION SYSTEM
AT YOUNGSTOWN AIR RESERVE STATION, OHIO.
(a) Authority.--The Secretary of the Air Force may carry
out a demonstration project to assess the feasibility and
advisability of permitting private entities to install,
operate, and maintain electric power distribution systems at
military installations. The Secretary shall carry out the
demonstration project through an agreement under subsection
(b).
(b) Agreement.--(1) In order to carry out the demonstration
project, the Secretary shall enter into an agreement with an
electric utility or other company in the Youngstown, Ohio,
area, consistent with State law, under which the utility or
company installs, operates, and maintains (in a manner
satisfactory to the Secretary and the utility or company) an
electric power distribution system at Youngstown Air Reserve
Station, Ohio.
(2) The Secretary may not enter into an agreement under
this subsection until--
(A) the Secretary submits to the congressional defense
committees a report on the agreement to be entered into,
including the costs to be incurred by the United States under
the agreement; and
(B) a period of 30 days has elapsed from the date of the
receipt of the report by the committees.
(c) Licenses and Easements.--In order to facilitate the
installation, operation, and maintenance of the electric
power distribution system under the agreement under
subsection (b), the Secretary may grant the utility or
company with which the Secretary enters into the agreement
such licenses, easements, and rights-of-way, consistent with
State law, as the Secretary and the utility or company
jointly determine necessary for such purposes.
(d) Ownership of System.--The agreement between the
Secretary and the utility or company under subsection (b) may
provide that the utility or company shall own the electric
power distribution system installed under the agreement.
(e) Rate.--The rate charged by the utility or company for
providing and distributing electric power at Youngstown Air
Reserve Station through the electric power distribution
system installed under the agreement under subsection (b)
shall be the rate established by the appropriate Federal or
State regulatory authority.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in the agreement
under subsection (b) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2864. DESIGNATION OF MICHAEL O'CALLAGHAN MILITARY
HOSPITAL.
(a) Designation.--The Nellis Federal Hospital, a Federal
building located at 4700 North Las Vegas Boulevard, Las
Vegas, Nevada, shall be known and designated as the ``Michael
O'Callaghan Military Hospital''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal building referred to in subsection (a) shall be
deemed to be a reference to the ``Michael O'Callaghan
Military Hospital''.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
SEC. 2901. SHORT TITLE.
This subtitle may be cited as the ``Fort Carson-Pinon
Canyon Military Lands Withdrawal Act''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT FORT CARSON
MILITARY RESERVATION.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this subtitle, the lands at
the Fort Carson Military Reservation, Colorado, that are
described in subsection (c) are hereby withdrawn from all
forms of appropriation under the public land laws, including
the mining laws, the mineral and geothermal leasing laws, and
the mineral materials disposal laws.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for use by the Secretary of the Army--
(1) for military maneuvering, training and weapons firing;
and
(2) for other defense related purposes consistent with the
uses specified in paragraph (1).
(c) Land Description.--The lands referred to in subsection
(a) comprise 3,133.02 acres of public land and 11,415.16
acres of federally-
[[Page 1184]]
owned minerals in El Paso, Pueblo, and Fremont Counties,
Colorado, as generally depicted on the map entitled ``Fort
Carson Proposed Withdrawal--Fort Carson Base'', dated
February 6, 1992, and published in accordance with section 4.
SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT PINON
CANYON MANEUVER SITE.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this subtitle, the lands at
the Pinon Canyon Maneuver Site, Colorado, that are described
in subsection (c) are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws, the mineral and geothermal leasing laws, and the
mineral materials disposal laws.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for use by the Secretary of the Army--
(1) for military maneuvering and training; and
(2) for other defense related purposes consistent with the
uses specified in paragraph (1).
(c) Land Description.--The lands referred to in subsection
(a) comprise 2,517.12 acres of public lands and 130,139 acres
of federally-owned minerals in Las Animas County, Colorado,
as generally depicted on the map entitled ``Fort Carson
Proposed Withdrawal--Fort Carson Maneuver Area--Pinon Canyon
site'', dated February 6, 1992, and published in accordance
with section 2904.
SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation of Maps and Legal Description.--As soon as
practicable after the date of the enactment of this subtitle,
the Secretary of the Interior shall prepare maps depicting
the lands withdrawn and reserved by this subtitle and publish
in the Federal Register a notice containing the legal
description of such lands.
(b) Legal Effect.--Such maps and legal descriptions shall
have the same force and effect as if they were included in
this subtitle, except that the Secretary of the Interior may
correct clerical and typographical errors in such maps and
legal descriptions.
(c) Availability of Maps and Legal Description.--Copies of
such maps and legal descriptions shall be available for
public inspection in the offices of the Colorado State
Director and the Canon City District Manager of the Bureau of
Land Management and in the offices of the Commander of Fort
Carson, Colorado.
(d) Costs.--The Secretary of the Army shall reimburse the
Secretary of the Interior for the costs of implementing this
section.
SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Guidelines.--
(1) Management by secretary of the army.--Except as
provided in section 6, during the period of withdrawal, the
Secretary of the Army shall manage for military purposes the
lands covered by this subtitle and may authorize use of the
lands by the other military departments and agencies of the
Department of Defense, and the National Guard, as
appropriate.
(2) Access restrictions.--When military operations, public
safety, or national security, as determined by the Secretary
of the Army, require the closure of roads and trails on the
lands withdrawn by this subtitle commonly in public use, the
Secretary of the Army is authorized to take such action,
except that such closures shall be limited to the minimum
areas and periods required for the purposes specified in this
subsection. Appropriate warning notices shall be kept posted
during closures.
(3) Suppression of fires.--The Secretary of the Army shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands as a
result of military activities and may seek assistance from
the Bureau of Land Management in suppressing such fires. The
memorandum of understanding required by this section shall
provide for Bureau of Land Management assistance in the
suppression of such fires, and for a transfer of funds from
the Department of the Army to the Bureau of Land Management
as compensation for such assistance.
(b) Management Plan.--
(1) Development required.--The Secretary of the Army, with
the concurrence of the Secretary of the Interior, shall
develop a plan for the management of acquired lands and lands
withdrawn under sections 2902 and 2903 for the period of
withdrawal. The plan shall--
(A) be consistent with applicable law;
(B) include such provisions as may be necessary for proper
resource management and protection of the natural, cultural,
and other resources and values of such lands; and
(C) identify those withdrawn and acquired lands, if any,
which are to be open to mining or mineral and geothermal
leasing, including mineral materials disposal.
(2) Time for development.--The management plan required by
this subsection shall be developed not later than 5 years
after the date of the enactment of this subtitle.
(c) Implementation of Management Plan.--
(1) Memorandum of understanding required.--The Secretary of
the Army and the Secretary of the Interior shall enter into a
memorandum of understanding to implement the management plan
developed under subsection (b).
(2) Duration.--The duration of any such memorandum of
understanding shall be the same as the period of withdrawal
specified in section 8(a).
(3) Amendment.--The memorandum of understanding may be
amended by agreement of both Secretaries.
(d) Use of Certain Resources.--The Secretary of the Army is
authorized to utilize sand, gravel, or similar mineral or
mineral material resources from the lands withdrawn by this
subtitle when the use of such resources is required for
construction needs of the Fort Carson Reservation or Pinon
Canyon Maneuver Site.
SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL
RESOURCES.
Except as provided in section 2905(d), the Secretary of the
Interior shall manage all withdrawn and acquired mineral
resources within the boundaries of the Fort Carson Military
Reservation and Pinon Canyon Maneuver Site in the same manner
as provided in section 12 of the Military Lands Withdrawal
Act of 1986 (Public Law 99-606; 100 Stat. 3466) for mining
and mineral leasing on certain lands withdrawn by that Act
from all forms of appropriation under the public land laws.
SEC. 2907. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
and reserved by this subtitle shall be conducted in
accordance with section 2671 of title 10, United States Code.
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--The withdrawal and reservation made
by this subtitle shall terminate 15 years after the date of
the enactment of this subtitle.
(b) Determination of Continuing Military Need.--
(1) Determination required.--At least three years before
the termination under subsection (a) of the withdrawal and
reservation established by this subtitle, the Secretary of
the Army shall advise the Secretary of the Interior as to
whether or not the Department of the Army will have a
continuing military need for any of the lands after the
termination date.
(2) Method of making determination.--If the Secretary of
the Army concludes under paragraph (1) that there will be a
continuing military need for any of the lands after the
termination date established by subsection (a), the Secretary
of the Army, in accordance with applicable law, shall--
(A) evaluate the environmental effects of renewal of such
withdrawal and reservation;
(B) hold at least one public hearing in Colorado concerning
such evaluation; and
(C) file, after completing the requirements of
subparagraphs (A) and (B), an application for extension of
the withdrawal and reservation of such lands in accordance
with the regulations and procedures of the Department of the
Interior applicable to the extension of withdrawals for
military uses.
(3) Notification.--The Secretary of the Interior shall
notify the Congress concerning a filing under paragraph
(3)(C).
(c) Early Relinquishment of Withdrawal.--If the Secretary
of the Army concludes under subsection (b) that before the
termination date established by subsection (a) there will be
no military need for all or any part of the lands withdrawn
and reserved by this subtitle, or if, during the period of
withdrawal, the Secretary of the Army otherwise decides to
relinquish any or all of the lands withdrawn and reserved
under this subtitle, the Secretary of the Army shall file
with the Secretary of the Interior a notice of intention to
relinquish such lands.
(d) Acceptance of Lands Proposed for Relinquishment.--
Notwithstanding any other provision of law, the Secretary of
the Interior, upon deciding that it is in the public interest
to accept jurisdiction over the lands proposed for
relinquishment, may revoke the withdrawal and reservation
established by this subtitle as it applies to the lands
proposed for relinquishment. Should the decision be made to
revoke the withdrawal and reservation, the Secretary of the
Interior shall publish in the Federal Register an appropriate
order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of the public land laws, including the mining
laws if appropriate.
SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINATION AND
EFFECT OF CONTAMINATION.
(a) Determination of Presence of Contamination.--
(1) Before relinquishment notice.--Before filing a
relinquishment notice under section 2908(c), the Secretary of
the Army shall prepare a written determination as to whether
and to what extent the lands to be relinquished are
contaminated with explosive, toxic, or other hazardous
materials. A copy of the determination made by the Secretary
of the Army shall be supplied with the relinquishment notice.
Copies of both the relinquishment notice and the
determination under this subsection shall be published in the
Federal Register by the Secretary of the Interior.
(2) Upon termination of withdrawal.--At the expiration of
the withdrawal period made by this Act, the Secretary of the
Interior shall determine whether and to what extent the lands
withdrawn by this subtitle are contaminated to an extent
which prevents opening such contaminated lands to operation
of the public land laws.
(b) Program of Decontamination.--
(1) In general.--Throughout the duration of the withdrawal
and reservation made by this subtitle, the Secretary of the
Army, to
[[Page 1185]]
the extent funds are made available, shall maintain a program
of decontamination of the lands withdrawn by this subtitle at
least at the level of effort carried out during fiscal year
1992.
(2) Decontamination of lands to be relinquished.--In the
case of lands subject to a relinquishment notice under
section 2908(c) that are contaminated, the Secretary of the
Army shall decontaminate the land to the extent that funds
are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Army,
determines that--
(A) decontamination of the lands is practicable and
economically feasible, taking into consideration the
potential future use and value of the land; and
(B) upon decontamination, the land could be opened to the
operation of some or all of the public land laws, including
the mining laws.
(c) Authority of Secretary of the Interior To Refuse
Contaminated Lands.--The Secretary of the Interior shall not
be required to accept lands proposed for relinquishment if
the Secretary of the Army and the Secretary of the Interior
conclude that--
(1) decontamination of any or all of the lands proposed for
relinquishment is not practicable or economically feasible;
(2) the lands cannot be decontaminated sufficiently to
allow them to be opened to the operation of the public land
laws; or
(3) insufficient funds are appropriated for the purpose of
decontaminating the lands.
(d) Effect of Continued Contamination.--If the Secretary of
the Interior declines under subsection (c) to accept
jurisdiction of lands proposed for relinquishment or if the
Secretary of the Interior determines under subsection (a)(2)
that some of the lands withdrawn by this subtitle are
contaminated to an extent that prevents opening the
contaminated lands to operation of the public land laws--
(1) the Secretary of the Army shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Army shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Army shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken under paragraphs (1) and
(2).
(e) Effect of Subsequent Decontamination.--If the lands
described in subsection (d) are subsequently decontaminated,
upon certification by the Secretary of the Army that the
lands are safe for all nonmilitary uses, the Secretary of the
Interior shall reconsider accepting jurisdiction over the
lands.
(f) Effect on Other Laws.--Nothing in this subtitle shall
affect, or be construed to affect, the obligations of the
Secretary of the Army, if any, to decontaminate lands
withdrawn by this subtitle pursuant to applicable law,
including the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
SEC. 2910. DELEGATION.
The functions of the Secretary of the Army under this
subtitle may be delegated. The functions of the Secretary of
the Interior under this subtitle may be delegated, except
that the order referred to in section 2908(d) may be approved
and signed only by the Secretary of the Interior, the Deputy
Secretary of the Interior, or an Assistant Secretary of the
Department of the Interior.
SEC. 2911. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal
leasing activity on lands comprising the Fort Carson
Reservation or Pinon Canyon Maneuver Site shall indemnify the
United States against any costs, fees, damages, or other
liabilities (including costs of litigation) incurred by the
United States and arising from or relating to such mining
activities, including costs of mineral materials disposal,
whether arising under the Comprehensive Environmental
Response Compensation and Liability Act of 1980, the Solid
Waste Disposal Act, or otherwise.
SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL ACT OF
1986.
(a) Use of Certain Resources.--Section 3(f) of the Military
Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat.
3461) is amended by adding at the end the following new
paragraph:
``(2) Subject to valid existing rights, the Secretary of
the military department concerned may utilize sand, gravel,
or similar mineral or material resources when the use of such
resources is required for construction needs on the
respective lands withdrawn by this Act.''.
(b) Technical Correction.--Section 9(b) of the Military
Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat.
3466) is amended by striking ``section 7(f)'' and inserting
in lieu thereof ``section 8(f)''.
SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this subtitle.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``El
Centro Naval Air Facility Ranges Withdrawal Act''.
(b) Definitions.--In this subtitle:
(1) The term ``El Centro'' means the Naval Air Facility, El
Centro, California.
(2) The term ``cooperative agreement'' means the
cooperative agreement entered into between the Bureau of Land
Management, the Bureau of Reclamation, and the Department of
the Navy, dated June 29, 1987, with regard to the defense-
related uses of Federal lands to further the mission of El
Centro.
(3) The term ``relinquishment notice'' means a notice of
intention by the Secretary of the Navy under section 2928(a)
to relinquish, before the termination date specified in
section 2925, the withdrawal and reservation of certain lands
withdrawn under this subtitle.
SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR EL CENTRO.
(a) Withdrawals.--Subject to valid existing rights, and
except as otherwise provided in this subtitle, the Federal
lands utilized in the mission of the Naval Air Facility, El
Centro, California, that are described in subsection (c) are
hereby withdrawn from all forms of appropriation under the
public land laws, including the mining laws, but not the
mineral leasing or geothermal leasing laws or the mineral
materials sales laws.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for the use by the Secretary of the Navy--
(1) for defense-related purposes in accordance with the
cooperative agreement; and
(2) subject to notice to the Secretary of the Interior
under section 2924(e), for other defense-related purposes
determined by the Secretary of the Navy.
(c) Description of Withdrawn Lands.--The lands withdrawn
and reserved under subsection (a) are--
(1) the Federal lands comprising approximately 46,600 acres
in Imperial County, California, as generally depicted in part
on a map entitled ``Exhibit A, Naval Air Facility, El Centro,
California, Land Acquisition Map, Range 2510 (West Mesa)''
and dated March 1993 and in part on a map entitled ``Exhibit
B, Naval Air Facility, El Centro, California, Land
Acquisition Map Range 2512 (East Mesa)'' and dated March
1993; and
(2) and all other areas within the boundaries of such lands
as depicted on such maps that may become subject to the
operation of the public land laws.
SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirements.--As soon as
practicable after the date of the enactment of this subtitle,
the Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved under
this subtitle; and
(2) file maps and the legal description of the lands
withdrawn and reserved under this subtitle with the Committee
on Energy and Natural Resources of the Senate and with the
Committee on Resources of the House of Representatives.
(b) Legal Effect.--The maps and legal description prepared
under subsection (a) shall have the same force and effect as
if they were included in this subtitle, except that the
Secretary of the Interior may correct clerical and
typographical errors in the maps and legal description.
(c) Availability for Public Inspection.--Copies of the maps
and legal description prepared under subsection (a) shall be
available for public inspection in--
(1) the Office of the State Director, California State
Office of the Bureau of Land Management, Sacramento,
California;
(2) the Office of the District Manager, California Desert
District of the Bureau of Land Management, Riverside,
California; and
(3) the Office of the Commanding Officer, Marine Corps Air
Station, Yuma, Arizona.
(d) Reimbursement.--The Secretary of Navy shall reimburse
the Secretary of the Interior for the cost of implementing
this section.
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Consistent With Cooperative Agreement.--The
lands and resources shall be managed in accordance with the
cooperative agreement, revised as necessary to conform to the
provisions of this subtitle. The parties to the cooperative
agreement shall review the cooperative agreement for
conformance with this subtitle and amend the cooperative
agreement, if appropriate, within 120 days after the date of
the enactment of this subtitle. The term of the cooperative
agreement shall be amended so that its duration is at least
equal to the duration of the withdrawal made by section 2925.
The cooperative agreement may be reviewed and amended by the
managing agencies as necessary.
(b) Management by Secretary of the Interior.--
(1) General management authority.--During the period of
withdrawal, the Secretary of the Interior shall manage the
lands withdrawn and reserved under this subtitle pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) and other applicable laws, including this
subtitle.
(2) Specific authorities.--To the extent consistent with
applicable laws, Executive orders, and the cooperative
agreement, the lands withdrawn and reserved under this
subtitle may be managed in a manner permitting--
(A) protection of wildlife and wildlife habitat;
(B) control of predatory and other animals;
(C) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(D) geothermal leasing and development and related power
production, mineral leas
[[Page 1186]]
ing and development, and mineral material sales.
(3) Effect of withdrawal.--The Secretary of the Interior
shall manage the lands withdrawn and reserved under this
subtitle, in coordination with the Secretary of the Navy,
such that all nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in the
cooperative agreement or authorized pursuant to this
subtitle.
(c) Certain Activities Subject to Concurrence of Navy.--The
Secretary of the Interior may issue a lease, easement, right-
of-way, or other authorization with respect to the
nonmilitary use of the withdrawn lands only with the
concurrence of the Secretary of the Navy and under the terms
of the cooperative agreement.
(d) Access Restrictions.--If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn under
this subtitle, the Secretary may take such action as the
Secretary determines necessary or desirable to effect and
maintain such closure. Any such closure shall be limited to
the minimum areas and periods which the Secretary of the Navy
determines are required to carry out this subsection. Before
and during any closure under this subsection, the Secretary
of the Navy shall keep appropriate warning notices posted and
take appropriate steps to notify the public concerning such
closures.
(e) Additional Military Uses.--Lands withdrawn under this
subtitle may be used for defense-related uses other than
those specified in the cooperative agreement. The Secretary
of the Navy shall promptly notify the Secretary of the
Interior in the event that the lands withdrawn under this
subtitle will be used for additional defense-related
purposes. Such notification shall indicate the additional use
or uses involved, the proposed duration of such uses, and the
extent to which such additional military uses of the
withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of all or any portion of the
withdrawn lands.
SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation made under this subtitle
shall terminate 25 years after the date of the enactment of
this subtitle.
SEC. 2926. CONTINUATION OF ONGOING DECONTAMINATION
ACTIVITIES.
Throughout the duration of the withdrawal and reservation
made under this subtitle, and subject to the availability of
funds, the Secretary of the Navy shall maintain a program of
decontamination of the lands withdrawn under this subtitle at
least at the level of decontamination activities performed on
such lands in fiscal year 1995. Such activities shall be
subject to applicable laws, such as the amendments made by
the Federal Facility Compliance Act of 1992 (Public Law 102-
386; 106 Stat. 1505) and the Defense Environmental
Restoration Program established under section 2701 of title
10, United States Code.
SEC. 2927. REQUIREMENTS FOR EXTENSION.
(a) Notice of Continued Military Need.--Not later than five
years before the termination date specified in section 2925,
the Secretary of the Navy shall advise the Secretary of the
Interior as to whether or not the Navy will have a continuing
military need for any or all of the lands withdrawn and
reserved under this subtitle after the termination date.
(b) Application for Extension.--If the Secretary of the
Navy determines that there will be a continuing military need
for any or all of the withdrawn lands after the termination
date specified in section 2925, the Secretary of the Navy
shall file an application for extension of the withdrawal and
reservation of the lands in accordance with the then existing
regulations and procedures of the Department of the Interior
applicable to extension of withdrawal of lands for military
purposes and that are consistent with this subtitle. Such
application shall be filed with the Department of the
Interior not later than four years before the termination
date.
(c) Extension Process.--The withdrawal and reservation
established by this subtitle may not be extended except by an
Act or Joint Resolution of Congress.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) Filing of Relinquishment Notice.--If, during the period
of withdrawal and reservation specified in section 2925, the
Secretary of the Navy decides to relinquish all or any
portion of the lands withdrawn and reserved under this
subtitle, the Secretary of the Navy shall file a notice of
intention to relinquish with the Secretary of the Interior.
(b) Determination of Presence of Contamination.--Before
transmitting a relinquishment notice under subsection (a),
the Secretary of the Navy, in consultation with the Secretary
of the Interior, shall prepare a written determination
concerning whether and to what extent the lands to be
relinquished are contaminated with explosive, toxic, or other
hazardous wastes and substances. A copy of such determination
shall be transmitted with the relinquishment notice.
(c) Decontamination and Remediation.--In the case of
contaminated lands which are the subject of a relinquishment
notice, the Secretary of the Navy shall decontaminate or
remediate the land to the extent that funds are appropriated
for such purpose if the Secretary of the Interior, in
consultation with the Secretary of the Navy, determines
that--
(1) decontamination or remediation of the lands is
practicable and economically feasible, taking into
consideration the potential future use and value of the land;
and
(2) upon decontamination or remediation, the land could be
opened to the operation of some or all of the public land
laws, including the mining laws.
(d) Decontamination and Remediation Activities Subject to
Other Laws.--The activities of the Secretary of the Navy
under subsection (c) are subject to applicable laws and
regulations, including the Defense Environmental Restoration
Program established under section 2701 of title 10, United
States Code, the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(e) Authority of Secretary of the Interior To Refuse
Contaminated Lands.--The Secretary of the Interior shall not
be required to accept lands specified in a relinquishment
notice if the Secretary of the Interior, after consultation
with the Secretary of the Navy, concludes that--
(1) decontamination or remediation of any land subject to
the relinquishment notice is not practicable or economically
feasible;
(2) the land cannot be decontaminated or remediated
sufficiently to be opened to operation of some or all of the
public land laws; or
(3) a sufficient amount of funds are not appropriated for
the decontamination of the land.
(f) Status of Contaminated Lands.--If, because of the
condition of the lands, the Secretary of the Interior
declines to accept jurisdiction of lands proposed for
relinquishment or, if at the expiration of the withdrawal
made under this subtitle, the Secretary of the Interior
determines that some of the lands withdrawn under this
subtitle are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land
laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall retain jurisdiction over the withdrawn
lands, but shall undertake no activities on such lands except
in connection with the decontamination or remediation of such
lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken under paragraphs (1) and
(2).
(g) Subsequent Decontamination or Remediation.--If lands
covered by subsection (f) are subsequently decontaminated or
remediated and the Secretary of the Navy certifies that the
lands are safe for nonmilitary uses, the Secretary of the
Interior shall reconsider accepting jurisdiction over the
lands.
(h) Revocation Authority.--Notwithstanding any other
provision of law, upon deciding that it is in the public
interest to accept jurisdiction over lands specified in a
relinquishment notice, the Secretary of the Interior may
revoke the withdrawal and reservation made under this
subtitle as it applies to such lands. If the decision be made
to accept the relinquishment and to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in
the Federal Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of the public land laws, including the mining
laws, if appropriate.
SEC. 2929. DELEGATION OF AUTHORITY.
(a) Department of the Navy.--The functions of the Secretary
of the Navy under this subtitle may be delegated.
(b) Department of Interior.--The functions of the Secretary
of the Interior under this subtitle may be delegated, except
that an order described in section 2928(h) may be approved
and signed only by the Secretary of the Interior, the Deputy
Secretary of the Interior, or an Assistant Secretary of the
Department of the Interior.
SEC. 2930. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
under this subtitle shall be conducted in accordance with
section 2671 of title 10, United States Code.
SEC. 2931. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal
leasing activity on lands withdrawn and reserved under this
subtitle shall indemnify the United States against any costs,
fees, damages, or other liabilities (including costs of
litigation) incurred by the United States and arising from or
relating to such mining activities, including costs of
mineral materials disposal, whether arising under the
Comprehensive Environmental Response Compensation and
Liability Act of 1980, the Solid Waste Disposal Act, or
otherwise.
[[Page 1187]]
DIVISION C--DEPARTMENT OF ENERGY NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1997 for stockpile stewardship in carrying out weapons
activities necessary for national security programs in the
amount of $1,676,767,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,250,907,000 for
fiscal year 1997, to be allocated as follows:
(A) For operation and maintenance, $1,162,570,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$88,337,000, to be allocated as follows:
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $19,250,000.
Project 96-D-103, ATLAS, Los Alamos National Laboratory,
Los Alamos, New Mexico, $15,100,000.
Project 96-D-104, processing and environmental technology
laboratory (PETL), Sandia National Laboratories, Albuquerque,
New Mexico, $14,100,000.
Project 96-D-105, contained firing facility addition,
Lawrence Livermore National Laboratory, Livermore,
California, $17,100,000.
Project 95-D-102, Chemical and Metallurgy Research Building
upgrades project, Los Alamos National Laboratory, Los Alamos,
New Mexico, $15,000,000.
Project 94-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase V, various
locations, $7,787,000.
(2) For inertial fusion, $366,460,000, to be allocated as
follows:
(A) For operation and maintenance, $234,560,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$131,900,000 to be allocated as follows:
Project 96-D-111, national ignition facility, TBD,
$131,900,000.
(3) For technology transfer and education, $59,400,000.
(b) Stockpile Management.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1997 for stockpile management in carrying out weapons
activities necessary for national security programs in the
amount of $1,923,831,000, to be allocated as follows:
(1) For operation and maintenance, $1,829,470,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$94,361,000, to be allocated as follows:
Project 97-D-121, consolidation pit packaging system,
Pantex Plant, Amarillo, Texas, $870,000.
Project 97-D-122, nuclear materials storage facility
renovation, LANL, Los Alamos, New Mexico, $4,000,000.
Project 97-D-123, structural upgrades, Kansas City Plant,
Kansas City, Missouri, $1,400,000.
Project 97-D-124, steam plant wastewater treatment facility
upgrade, Y-12 plant, Oak Ridge, Tennessee, $600,000.
Project 96-D-122, sewage treatment quality upgrade (STQU),
Pantex Plant, Amarillo, Texas, $100,000.
Project 96-D-123, retrofit HVAC and chillers for ozone
protection, Y-12 Plant, Oak Ridge, Tennessee, $7,000,000.
Project 96-D-125, Washington measurements operations
facility, Andrews Air Force Base, Camp Springs, Maryland,
$3,825,000.
Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, Oak
Ridge, Tennessee, $10,900,000.
Project 94-D-124, hydrogen fluoride supply system, Y-12
Plant, Oak Ridge, Tennessee, $4,900,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $5,200,000.
Project 94-D-127, emergency notification system, Pantex
Plant, Amarillo, Texas, $2,200,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $7,200,000.
Project 93-D-123, complex-21, various locations,
$14,487,000.
Project 88-D-122, facilities capability assurance program,
various locations, $21,940,000.
Project 88-D-123, security enhancement, Pantex Plant,
Amarillo, Texas, $9,739,000.
(c) Program Direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$334,404,000.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Subject to subsection (i),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for environmental
restoration in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,812,194,000, of which
$376,648,000 shall be allocated to the uranium enrichment
decontamination and decommissioning fund.
(b) Waste Management.--Subject to subsection (i), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for waste management in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,536,653,000, to be allocated as follows:
(1) For operation and maintenance, $1,448,326,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$88,327,000, to be allocated as follows:
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $7,584,000.
Project 96-D-408, waste management upgrades, various
locations, $11,246,000.
Project 95-D-402, install permanent electrical service for
the Waste Isolation Pilot Plant, Carlsbad, New Mexico,
$752,000.
Project 95-D-405, industrial landfill V and construction/
demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee,
$200,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $6,345,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $12,600,000.
Project 93-D-182, replacement of cross-site transfer
system, Richland, Washington, $8,100,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$20,000,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River Site, Aiken, South Carolina, $11,500,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $10,000,000.
(c) Nuclear Materials and Facilities Stabilization.--
Subject to subsection (i), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997
for nuclear materials and facilities stabilization in
carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $1,269,290,000 to be allocated as follows:
(1) For operation and maintenance, $1,151,718,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$117,572,000, to be allocated as follows:
Project 97-D-450, Actinide packaging and storage facility,
Savannah River Site, Aiken, South Carolina, $7,900,000.
Project 97-D-451, B-Plant safety class ventilation
upgrades, Richland, Washington, $1,500,000.
Project 97-D-470, environmental monitoring laboratory,
Savannah River, Aiken, South Carolina, $2,500,000.
Project 97-D-473, health physics site support facility,
Savannah River, Aiken, South Carolina, $2,000,000.
Project 96-D-406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $60,672,000.
Project 96-D-461, electrical distribution upgrade, Idaho
National Engineering Laboratory, Idaho, $6,790,000.
Project 96-D-464, electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $10,440,000.
Project 96-D-471, CFC HVAC/chiller retrofit, Savannah River
Site, Aiken, South Carolina, $8,541,000.
Project 95-E-600, hazardous materials management and
emergency response training center, Richland, Washington,
$7,900,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River, South Carolina, $4,137,000.
Project 95-D-456, security facilities consolidation, Idaho
Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $4,645,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $547,000.
(d) Program Direction.--Subject to subsection (i), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$375,511,000.
(e) Technology Development.--Subject to subsection (i),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for technology
development in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $303,771,000.
(f) Policy and Management.--Subject to subsection (i),
funds are hereby authorized to be appropriated to the
Department of Energy
[[Page 1188]]
for fiscal year 1997 for policy and management in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$23,155,000.
(g) Environmental Science Program.--Subject to subsection
(i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for the
environmental science program in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $62,136,000.
(h) Environmental Management Privatization.--Subject to
subsection (i), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997
for environmental management privatization in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$185,000,000.
(i) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts specified in subsections (a) through (h) reduced by
the sum of--
(1) $150,400,000, for use of prior year balances; and
(2) $8,000,000 for Savannah River Pension Refund.
SEC. 3103. DEFENSE FIXED ASSET ACQUISITION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for the defense
fixed asset acquisition/privatization program in the amount
of $182,000,000.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997
for other defense activities in carrying out programs
necessary for national security in the amount of
$1,487,800,000, to be allocated as follows:
(1) For verification and control technology, $399,648,000,
to be allocated as follows:
(A) For nonproliferation and verification research and
development, $194,919,000.
(B) For arms control, $169,544,000.
(C) For intelligence, $35,185,000.
(2) For nuclear safeguards and security, $47,208,000.
(3) For security investigations, $22,000,000.
(4) For emergency management, $16,794,000.
(5) For program direction, nonproliferation, and national
security, $95,622,000.
(6) For environment, safety, and health, defense,
$63,800,000.
(7) For worker and community transition assistance,
$67,000,000.
(8) For fissile materials disposition, $93,796,000, to be
allocated as follows:
(A) For operations and maintenance, $76,796,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto):
Project 97-D-140, consolidated special nuclear materials
storage facility, site to be determined, $17,000,000.
(9) For nuclear security/Russian production reactor
shutdown, $6,000,000.
(10) For naval reactors development, $681,932,000, to be
allocated as follows:
(A) For operation and infrastructure, $649,330,000.
(B) For program direction, $18,902,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$13,700,000, to be allocated as follows:
Project 97-D-201, advanced test reactor secondary coolant
refurbishment, Idaho National Engineering Laboratory, Idaho,
$400,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $4,800,000.
Project 95-D-201, advanced test reactor radioactive waste
system upgrades, Idaho National Engineering Laboratory,
Idaho, $500,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors facility, Idaho, $8,000,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts specified in subsection (a) reduced by $6,000,000 for
use of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $200,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which
the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same period as the authorization to which the amounts are
transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items relating to
weapons activities necessary for national security programs
that have a higher priority than the items from which the
funds are transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project
[[Page 1189]]
exceeds $3,000,000, the Secretary shall submit to Congress a
request for funds for the conceptual design before submitting
a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any
Department of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect
property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101,
$100,000,000 shall be available to carry out the following
activities within the stockpile stewardship program:
(1) $20,000,000 for enhanced surveillance involving the
nuclear production plants and the nuclear weapons design
laboratories.
(2) $15,000,000 for a production capability assurance
program for critical non-nuclear components.
(3) $25,000,000 for an accelerated capability to produce
prototype war reserve-quality plutonium pits.
(4) $20,000,000 for dual revalidation of warheads in the
nuclear weapons stockpile.
(5) $20,000,000 for the stockpile life extension program.
(b) Report.--Not later than October 15, 1996, the Secretary
of Energy shall submit to the congressional defense
committees a report on the obligations the Secretary has
incurred, and plans to incur, during fiscal year 1997 for the
stockpile stewardship program.
SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NUCLEAR WEAPONS
STOCKPILE.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101,
$125,000,000 shall be available to carry out the stockpile
manufacturing infrastructure program.
(b) Required Capabilities.--The manufacturing
infrastructure established under the program shall include
the capabilities listed in subsection (b) of section 3137 of
Public Law 104-106 (110 Stat. 620).
(c) Report.--Not later than October 15, 1996, the Secretary
of Energy shall submit to the congressional defense
committees a report on the obligations the Secretary has
incurred, and plans to incur, during fiscal year 1997 for the
stockpile manufacturing infrastructure program.
(d) Stockpile Manufacturing Infrastructure Program.--In
this section, the term ``stockpile manufacturing
infrastructure program'' means the program carried out
pursuant to section 3137 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 620).
SEC. 3133. PRODUCTION OF HIGH EXPLOSIVES.
The manufacture and fabrication of high explosives and
energetic materials for use as components in nuclear weapons
systems shall be carried out at the Pantex Plant, Amarillo,
Texas. No funds appropriated or otherwise made available to
the Department of Energy may be used to move, or prepare to
move, the manufacture and fabrication of high explosives and
energetic materials for use as components in nuclear weapons
systems from the Pantex Plant to any other site or facility
of the Department of Energy.
SEC. 3134. LIMITATION ON USE OF FUNDS BY LABORATORIES FOR
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
(a) Reduction of Funding.--Section 3132(c) of Public Law
101-510 (104 Stat. 1832) is amended by striking out ``6
percent'' and inserting in lieu thereof ``2 percent''.
(b) Limitation.--None of the funds provided in a fiscal
year, beginning with fiscal year 1997, by the Secretary of
Energy to be used by laboratories for laboratory-directed
research and development pursuant to section 3132(c) of
Public Law 101-510 (42 U.S.C. 7257a(c)) may be obligated or
expended by such laboratories until a period of 15 days has
expired after the Secretary of Energy submits to the
congressional defense committees a report setting forth in
detail information about the manner in which such funds are
planned to be used during that fiscal year. The report shall
include a description and justification of the planned uses
of the funds.
SEC. 3135. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES
WITH PEOPLE'S REPUBLIC OF CHINA.
(a) Funding Prohibition.--Funds authorized to be
appropriated to, or otherwise available to, the Department of
Energy for fiscal year 1997 may not be obligated or expended
for any activity associated with the conduct of cooperative
programs relating to nuclear weapons or nuclear weapons
technology, including stockpile stewardship, safety, and use
control, with the People's Republic of China.
(b) Report.--(1) The Secretary of Energy shall prepare, in
consultation with the Secretary of Defense, a report
containing a description of all discussions and activities
between the United States and the People's Republic of China
regarding nuclear weapons matters that have occurred before
the date of the enactment of this Act and that are planned to
occur after such date. For each such discussion or activity,
the report shall include--
(A) the authority under which the discussion or activity
took or will take place;
(B) the subject of the discussion or activity;
(C) participants or likely participants;
(D) the source and amount of funds used or to be used to
pay for the discussion or activity; and
(E) a description of the actions taken or to be taken to
ensure that no classified or restricted data were or will be
revealed, and a determination of whether classified or
restricted data was revealed in previous discussions.
(2) The report shall be submitted to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives not later than October 15,
1996.
SEC. 3136. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP
PROGRAMS.
(a) Funding Prohibition.--Funds authorized to be
appropriated to, or otherwise available to, the Department of
Energy for fiscal year 1997 may not be obligated or expended
to conduct any activities associated with international
cooperative stockpile stewardship.
(b) Exception.--Subsection (a) does not apply with respect
to such activities conducted between the United States and
the United Kingdom, and between the United States and France.
SEC. 3137. TEMPORARY AUTHORITY RELATING TO TRANSFERS OF
DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the
office to another such program or project. Any such transfer
may be done only one time in a fiscal year to or from each
program or project, and the amount transferred to or from the
program or project may not exceed $5,000,000 in a fiscal
year.
(b) Determination.--A transfer may not be carried out by a
manager of a field office pursuant to the authority provided
under subsection (a) unless the manager determines that such
transfer is necessary to address a risk to health, safety, or
the environment or to assure the most efficient use of
defense environmental management funds at that field office.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary of Energy, acting through
the Assistant Secretary of Energy for Environmental
Management, shall notify Congress of any transfer of funds
pursuant to subsection (a) not later than 30 days after such
a transfer occurs.
(e) Limitation.--Funds transferred pursuant to subsection
(a) may not be used for an item for which Congress has
specifically denied funds or for a new program or project
that has not been authorized by Congress.
(f) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A project listed in subsection (b) or (c) of section
3102 being carried out by the office.
[[Page 1190]]
(B) A program referred to in subsection (a), (b), (c), (e),
(g), or (h) of section 3102 being carried out by the office.
(C) A project or program not described in subparagraph (A)
or (B) that is for environmental restoration or waste
management activities necessary for national security
programs of the Department of Energy, that is being carried
out by the office, and for which defense environmental
management funds have been authorized and appropriated before
the date of the enactment of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration and waste management activities necessary for
national security programs.
(g) Duration of Authority.--The authority provided under
subsection (a) to a manager of a field office shall be in
effect from the date of the enactment of this Act to
September 30, 1997.
SEC. 3138. MANAGEMENT STRUCTURE FOR NUCLEAR WEAPONS
PRODUCTION FACILITIES AND NUCLEAR WEAPONS
LABORATORIES.
(a) Limitation on Delegation of Authority.--(1) The
Secretary of Energy, in carrying out national security
programs, may delegate specific management and planning
authority over matters relating to site operation of the
facilities and laboratories covered by this section only to
the Assistant Secretary of Energy for Defense Programs. Such
Assistant Secretary may redelegate such authority only to
managers of area offices of the Department of Energy located
at such facilities and laboratories.
(2) Nothing in this section may be construed as affecting
the delegation by the Secretary of Energy of authority
relating to reporting, management, and oversight of matters
relating to the Department of Energy generally, or safety,
environment, and health at such facilities and laboratories.
(b) Requirement to Consult with Area Offices.--The
Assistant Secretary of Energy for Defense Programs, in
exercising any delegated authority to oversee management of
matters relating to site operation of a facility or
laboratory, shall exercise such authority only after direct
consultation with the manager of the area office of the
Department of Energy located at the facility or laboratory.
(c) Requirement for Direct Communication from Area
Offices.--The Secretary of Energy, acting through the
Assistant Secretary of Energy for Defense Programs, shall
require the head of each area office of the Department of
Energy located at each facility and laboratory covered by
this section to report on matters relating to site operation
other than those matters set forth in subsection (a)(2)
directly to the Assistant Secretary of Energy for Defense
Programs, without obtaining the approval or concurrence of
any other official within the Department of Energy.
(d) Defense Programs Reorganization Plan and Report.--(1)
The Secretary of Energy shall develop a plan to reorganize
the field activities and management of the national security
functions of the Department of Energy.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the plan developed under paragraph (1). The report shall
specifically identify all significant functions performed by
the operations offices relating to any of the facilities and
laboratories covered by this section and which of those
functions could be performed--
(A) by the area offices of the Department of Energy located
at the facilities and laboratories covered by this section;
or
(B) by the Assistant Secretary of Energy for Defense
Programs.
(3) The report also shall address and make recommendations
with respect to other internal streamlining and
reorganization initiatives that the Department could pursue
with respect to military or national security programs.
(e) Defense Programs Management Council.--The Secretary of
Energy shall establish a Defense Programs Management Council
to advise the Secretary on policy matters, operational
concerns, strategic planning, and development of priorities
relating to the national security functions of the Department
of Energy. The Council shall be composed of the directors of
the facilities and laboratories and shall report directly to
the Assistant Secretary of Energy for Defense Programs.
(f) Covered Site Operations.--For purposes of this section,
matters relating to site operation of a facility or
laboratory include matters relating to personnel, budget, and
procurement in national security programs.
(g) Covered Facilities and Laboratories.--This section
applies to the following facilities and laboratories of the
Department of Energy:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y-12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South Carolina.
(5) Los Alamos National Laboratory, Los Alamos, New Mexico.
(6) Sandia National Laboratories, Albuquerque, New Mexico.
(7) Lawrence Livermore National Laboratory, Livermore,
California.
(8) The Nevada Test Site, Nevada.
Subtitle D--Other Matters
SEC. 3141. REPORT ON NUCLEAR WEAPONS STOCKPILE MEMORANDUM.
(a) Submission of Copy of Memorandum.--Not less than 15
days after the date of the enactment of this Act, the
President shall submit to the congressional defense
committees a copy of the Nuclear Weapons Stockpile Memorandum
approved by the President in April 1996.
(b) Submission of Copy of Memorandum and Report.--Not less
than 30 days after the President has approved any update to
the Nuclear Weapons Stockpile Memorandum, the President shall
submit to the congressional defense committees a copy of that
Memorandum, together with a report describing the changes to
the Memorandum compared to the previous submission.
(c) Form.--The submissions required by this section shall
be in classified and unclassified form.
SEC. 3142. REPORT ON PLUTONIUM PIT PRODUCTION AND
REMANUFACTURING PLANS.
(a) Report Requirement.--The Secretary of Energy shall
submit to the congressional defense committees a report on
plans for achieving the capability to produce and
remanufacture plutonium pits. The report shall include a
description of the baseline plan of the Department of Energy
for achieving such capability, including the following:
(1) The funding necessary, by fiscal year, to achieve the
capability.
(2) The schedule necessary to achieve the capability,
including important technical and programmatic milestones.
(3) Siting, capacity for expansion, and other issues
included in the baseline plan.
(b) Deadline.--The report required by subsection (a) shall
be submitted not later than 60 days after the date of the
enactment of this Act.
SEC. 3143. AMENDMENTS RELATING TO BASELINE ENVIRONMENTAL
MANAGEMENT REPORTS.
Section 3153 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160;107 Stat. 1950) is
amended--
(1) in subsection (b)--
(A) by striking out the first word in the heading and
inserting in lieu thereof ``Biennial''; and
(B) in paragraph (2)(B), by inserting before ``year after
1995'' the following: ``odd-numbered''; and
(2) in subsection (d)--
(A) by striking out the first word in the heading and
inserting in lieu thereof ``Biennial''; and
(B) in paragraph (1)(B), by striking out ``in each year
thereafter'' and inserting in lieu thereof ``in each odd-
numbered year thereafter''.
SEC. 3144. REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR
ENVIRONMENTAL MANAGEMENT PROGRAM.
(a) Authority To Develop Future Use Plans.--The Secretary
may develop future use plans for any defense nuclear facility
at which environmental restoration and waste management
activities are occurring.
(b) Requirement To Develop Future Use Plans.--The Secretary
of Energy shall develop a future use plan for each of the
following defense nuclear facilities:
(1) Hanford Site, Richland, Washington.
(2) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Carolina.
(4) Idaho National Engineering Laboratory, Idaho.
(c) Future Use Advisory Board.--(1) At a defense nuclear
facility where the Secretary of Energy intends to develop a
future use plan and no citizen advisory board has been
established, the Secretary shall establish a future use
advisory board.
(2) The Secretary may prescribe regulations regarding the
establishment, characteristics, composition, and funding of
future use advisory boards pursuant to this subsection.
(3) The Secretary may authorize the manager of a defense
nuclear facility for which a future use plan is developed
(or, if there is no such manager, an appropriate official of
the Department of Energy designated by the Secretary) to pay
routine administrative expenses of a future use advisory
board established for that site. Such payments shall be made
from funds available to the Secretary for program direction
in carrying out environmental restoration and waste
management activities necessary for national security
programs.
(d) Requirement To Consult With Future Use Advisory
Board.--In developing a future use plan under this section
with respect to a defense nuclear facility, the Secretary of
Energy shall consult with a future use advisory board
established pursuant to subsection (c) or a similar advisory
board already in existence as of the date of the enactment of
this Act for such facility, affected local governments
(including any local future use redevelopment authorities),
and other appropriate State agencies.
(e) 50-Year Planning Period.--A future use plan developed
under this section shall cover a period of at least 50 years.
(f) Deadlines.--For each site listed in subsection (b), the
Secretary shall develop a draft plan by October 1, 1997, and
a final plan by March 15, 1998.
(g) Report.--Not later than 60 days after completing
development of a final plan for a site listed in subsection
(b), the Secretary of Energy shall submit to Congress a
report on the plan. The report shall describe the plan and
contain such findings and recommendations with respect to the
site as the Secretary considers appropriate.
[[Page 1191]]
(h) Savings Provisions.--(1) Nothing in this section or in
a future use plan developed under this section with respect
to a defense nuclear facility shall be construed as requiring
any modification to a future use plan that was developed
before the date of the enactment of this Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration or
waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory
environmental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this
section be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 3145. WORKER HEALTH AND SAFETY IMPROVEMENTS AT DEFENSE
NUCLEAR COMPLEX, MIAMISBURG, OHIO.
(a) Worker Health and Safety Activities.--The Secretary of
Energy shall carry out the following activities at the
defense nuclear complex at Miamisburg, Ohio:
(1) Within 12 months after the date of the enactment of
this Act, completion of the evaluation of pre-1989 internal
radiation dose assessments for workers who may have received
a dose greater than 20 rem.
(2) Installation of state-of-the-art automated personnel
contamination monitors at appropriate radiation control
points and facility exits, and purchase and installation of
an automated personnel access control system.
(3) Upgrading of the radiological records software and
integration with a radiation work permit system.
(4) Implementation of a program that will characterize the
radiological conditions of the site and facilities prior to
decontamination so that radiological hazards are clearly
identified and results of the characterization validated.
(5) Review and improvement of the evaluation of continuous
air monitoring and implementation of a personal air sampling
program within 60 days after the date of the enactment of
this Act.
(6) Upgrading of bioassay analytical procedures to ensure
that contract laboratories are properly selected and
independently validated by the Department of Energy and that
quality control is assured.
(7) Implementation of bioassay and internal dose
calculation methods that are specific to the radiological
hazards identified at the site.
(b) Funding.--Of the funds authorized in section 3102(e),
$5,000,000 shall be available to the Secretary of Energy to
perform the activities required by subsection (a) and such
other activities to improve worker health and safety at the
defense nuclear complex at Miamisburg, Ohio, as the Secretary
considers appropriate.
(c) Savings Provision.--Nothing in this section shall be
construed as affecting applicable statutory or regulatory
requirements relating to worker health and safety.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
SEC. 3151. PURPOSE.
The purpose of this subtitle is to provide for the
expedited environmental restoration and waste management of
Department of Energy defense nuclear facilities through the
use of cost-effective management mechanisms and innovative
technologies.
SEC. 3152. COVERED DEFENSE NUCLEAR FACILITIES.
(a) Applicability.--This subtitle applies to any defense
nuclear facility of the Department of Energy for which the
fiscal year 1996 environmental management budget was
$350,000,000 or more.
(b) Defense Nuclear Facility Defined.--In this subtitle,
the term ``defense nuclear facility'' means a former or
current defense nuclear production facility that is owned and
managed by the Department of Energy.
SEC. 3153. SITE MANAGER.
(a) Appointment.--The Secretary of Energy shall
expeditiously appoint a Site Manager for each Department of
Energy defense nuclear facility (in this subtitle referred to
as the ``Site Manager'').
(b) Scope.--(1) In addition to other authorities provided
for in this Act, the Secretary of Energy may delegate to the
Site Manager of a defense nuclear facility authority to
oversee and direct environmental management operations at the
facility, including the authority to--
(A) enter into and modify contractual agreements to enhance
environmental restoration and waste management at the
facility;
(B) request that the Department of Energy headquarters
submit to Congress a reprogramming package shifting funds
among accounts in order to facilitate the most efficient and
timely environmental restoration and waste management of the
facility, and, in the event that the Department headquarters
does not act upon the request within 60 days, submit such
request to the appropriate congressional committees for
review;
(C) subject to paragraph (2), negotiate amendments to
environmental agreements for the Department of Energy;
(D) manage Department of Energy personnel at the facility;
(E) consider the costs, risk reduction benefits, and other
benefits for the purposes of ensuring protection of human
health and the environment or safety, with respect to any
environmental remediation activity the cost of which exceeds
$25,000,000; and
(F) have assessments prepared for environmental restoration
activities (in several documents or a single document, as
determined by the Site Manager).
(2) In using the authority described in paragraph (1)(C), a
Site Manager may not negotiate an amendment that is expected
to result in additional significant life cycle costs to the
Department of Energy without the approval of the Secretary of
Energy.
(3) In using any authority described in paragraph (1), a
Site Manager of a facility shall consult with the State where
the facility is located and the advisory board for the
facility.
(4) The delegation of any authority pursuant to this
subsection shall not be construed as restricting the
Secretary of Energy's authority to delegate other authorities
as necessary.
(c) Information to Secretary of Energy.--The Site Manager
of a defense nuclear facility shall regularly inform the
Secretary of Energy, Congress, and the advisory board for the
facility of the progress made by the Site Manager to achieve
the expedited environmental restoration and waste management
of the facility.
SEC. 3154. DEPARTMENT OF ENERGY ORDERS.
An order imposed after the date of the enactment of this
Act relating to the execution of environmental restoration,
waste management, or technology development activities at a
defense nuclear facility under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) may be imposed by the Secretary of
Energy at the defense nuclear facility only if the Secretary
finds that the order is necessary for the protection of human
health and the environment or safety, or the fulfillment of
current legal requirements.
SEC. 3155. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF
DEFENSE NUCLEAR WASTE.
(a) In General.--The Secretary of Energy shall encourage
the Site Manager of each defense nuclear facility to promote
the deployment of innovative environmental technologies for
remediation of defense nuclear waste at the facility.
(b) Criteria.--To carry out subsection (a), the Secretary
shall encourage the Site Manager of a defense nuclear
facility to establish a program at the facility to enhance
the deployment of innovative environmental technologies at
the facility. The Secretary may require the Site Manager, in
establishing such a program--
(1) to establish a simplified, standardized, and timely
process for the acceptance and deployment of environmental
technologies;
(2) to solicit applications to deploy environmental
technologies suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) to enter into contracts and other agreements with other
public and private entities to deploy environmental
technologies at the facility; and
(4) to include incentives, such as product performance
specifications, in contracts to encourage the implementation
of innovative environmental technologies.
SEC. 3156. PERFORMANCE-BASED CONTRACTING.
(a) Program.--The Secretary of Energy shall develop and
implement a program for performance-based contracting for
contracts entered into for environmental remediation at
defense nuclear facilities. The program shall ensure that, to
the maximum extent practicable and appropriate, such
contracts include the following:
(1) Clearly stated and results oriented performance
criteria and measures.
(2) Appropriate incentives for contractors to meet and
exceed the performance criteria effectively and efficiently.
(3) Appropriate criteria and incentives for contractors to
seek and engage subcontractors who may more effectively and
efficiently perform either unique and technologically
challenging tasks or routine and interchangeable services.
(4) Specific incentives for cost savings.
(5) Financial accountability.
(6) When appropriate, allocation of fee or profit reduction
for failure to meet minimum performance criteria and
standards.
(b) Criteria and Measures.--Performance criteria and
measures should take into consideration, at a minimum, the
following: managerial control; elimination or reduction of
risk to public health and the environment; workplace safety;
financial control; goal-oriented work scope; use of
innovative and alternative technologies and techniques that
result in cleanups being performed less expensively, more
quickly, and within quality parameters; and performing within
benchmark cost estimates.
(c) Consultation.--In implementing this section, the
Secretary of Energy shall consult with interested parties.
(d) Deadline.--The Secretary of Energy shall implement this
section not later than October 1, 1997, unless the Secretary
submits to Congress before that date a report with a schedule
for completion of action under this section.
SEC. 3157. DESIGNATION OF DEFENSE NUCLEAR FACILITIES AS
NATIONAL ENVIRONMENTAL CLEANUP DEMONSTRATION
AREAS.
(a) Designation.--The Secretary of Energy, upon receipt of
a request from a Governor of a State in which a defense
nuclear facility is situated, may designate the facility as a
``National Environmental Cleanup Demonstration Area'' to
carry out the purposes of this subtitle.
(b) Sense of Congress.--It is the sense of Congress that
Federal and State regulatory
[[Page 1192]]
agencies, members of the community surrounding the facilities
designated under subsection (a), and other affected parties
should work to develop expedited and streamlined processes
and systems for cleaning up the facilities, to eliminate
unnecessary bureaucratic delay, and to proceed expeditiously
with environmental restoration activities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1997, $17,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
1997, the National Defense Stockpile Manager may obligate up
to $60,000,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)).
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
Subtitle B--Programmatic Change
SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIREMENTS.
(a) National Emergency Planning Assumptions.--Section 14 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
``(b) Each report under this section shall set forth the
national emergency planning assumptions used by the Secretary
in making the Secretary's recommendations under subsection
(a)(1) with respect to stockpile requirements. The Secretary
shall base the national emergency planning assumptions on a
military conflict scenario consistent with the scenario used
by the Secretary in budgeting and defense planning purposes.
The assumptions to be set forth include assumptions relating
to each of the following:
``(1) The length and intensity of the assumed military
conflict.
``(2) The military force structure to be mobilized.
``(3) The losses anticipated from enemy action.
``(4) The military, industrial, and essential civilian
requirements to support the national emergency.
``(5) The availability of supplies of strategic and
critical materials from foreign sources during the
mobilization period, the military conflict, and the
subsequent period of replenishment, taking into consideration
possible shipping losses.
``(6) The domestic production of strategic and critical
materials during the mobilization period, the military
conflict, and the subsequent period of replenishment, taking
into consideration possible shipping losses.
``(7) Civilian austerity measures required during the
mobilization period and military conflict.
``(c) The stockpile requirements shall be based on those
strategic and critical materials necessary for the United
States to replenish or replace, within three years of the end
of the military conflict scenario required under subsection
(b), all munitions, combat support items, and weapons systems
that would be consumed or exhausted during such a military
conflict.
``(d) The Secretary shall also include in each report under
this section an examination of the effect that alternative
mobilization periods under the military conflict scenario
required under subsection (b), as well as a range of other
military conflict scenarios addressing potentially more
serious threats to national security, would have on the
Secretary's recommendations under subsection (a)(1) with
respect to stockpile requirements.''.
(b) Conforming Amendment.--Section 2 of such Act (50 U.S.C.
98a) is amended by striking out subsection (c) and inserting
in lieu thereof the following new subsection:
``(c) The purpose of the National Defense Stockpile is to
serve the interest of national defense only. The National
Defense Stockpile is not to be used for economic or budgetary
purposes.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1996.
SEC. 3312. NOTIFICATION REQUIREMENTS.
(a) Proposed Changes in Stockpile Quantities.--Section
3(c)(2) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98b(c)(2)) is amended--
(1) by striking out ``effective on or after the 30th
legislative day following'' and inserting in lieu thereof
``after the end of the 45-day period beginning on''; and
(2) by striking out the last sentence.
(b) Waiver of Acquisition and Disposal Requirements.--
Section 6(d)(1) of such Act (50 U.S.C. 98e(d)(1)) is amended
by striking out ``thirty days'' and inserting in lieu thereof
``45 days''.
(c) Time To Begin Disposal.--Section 6(d)(2) of such Act
(50 U.S.C. 98e(d)(2)) is amended by striking out ``thirty
days'' and inserting in lieu thereof ``45 days''.
SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS.
Section 13 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-4) is amended--
(1) by striking out ``as a Communist-dominated country or
area''; and
(2) by striking out ``such Communist-dominated countries or
areas'' and inserting in lieu thereof ``a country or area
listed in such general note''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $149,500,000 for fiscal year 1997 for the
purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1997.
Notwithstanding section 7430(b)(2) of title 10, United
States Code, during fiscal year 1997, any sale of any part of
the United States share of petroleum produced from Naval
Petroleum Reserves Numbered 1, 2, and 3 shall be made at a
price not less than 90 percent of the current sales price, as
estimated by the Secretary of Energy, of comparable petroleum
in the same area.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act, Fiscal Year 1997''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to use amounts in the Panama
Canal Commission Revolving Fund to make such expenditures
within the limits of funds and borrowing authority available
to it in accordance with law, and to make such contracts and
commitments, as may be necessary under the Panama Canal Act
of 1979 (22 U.S.C. 3601 et seq.) for the operation,
maintenance, improvement, and administration of the Panama
Canal for fiscal year 1997.
(b) Limitations.--For fiscal year 1997, the Panama Canal
Commission may expend funds in the Panama Canal Commission
Revolving Fund not more than $73,000 for reception and
representation expenses, of which--
(1) not more than $18,000 may be used for official
reception and representation expenses of the Supervisory
Board of the Commission;
(2) not more than $10,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $45,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provisions of law, the funds
available to the Commission shall be available for the
purchase and transportation to the Republic of Panama, of
passenger motor vehicles built in the United States,
including large, heavy-duty vehicles.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made
only in accordance with the Panama Canal Treaties of 1977 and
any law of the United States implementing those treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
SEC. 3521. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the
``Panama Canal Act Amendments of 1996''.
(b) References.--Except as otherwise expressly provided,
whenever in this subtitle an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Panama Canal Act of 1979
(22 U.S.C. 3601 et seq.).
SEC. 3522. DEFINITIONS AND RECOMMENDATION FOR LEGISLATION.
(a) In General.--In section 3 (22 U.S.C. 3602)--
[[Page 1193]]
(1) the heading is amended to read as follows:
``definitions
(2) in subsection (b), by inserting ``and'' after the
semicolon at the end of paragraph (4), by striking the
semicolon at the end of paragraph (5) and inserting a period,
and striking paragraphs (6) and (7); and
(3) by striking subsection (d).
(b) Clerical Amendment.--The table of contents in section 1
is amended in the item relating to section 3 by striking
``and recommendation for legislation''.
SEC. 3523. ADMINISTRATOR.
(a) In General.--Section 1103 (22 U.S.C. 3613) is amended
to read as follows:
``administrator
``Sec. 1103. (a) There shall be an Administrator of the
Commission who shall be appointed by the President, by and
with the advice and consent of the Senate, and shall hold
office at the pleasure of the President.
``(b) The Administrator shall be paid compensation in an
amount, established by the Board, not to exceed level III of
the Executive Schedule.''.
(b) Savings Provisions.--Nothing in this section (or
section 3549(3)) shall be considered to affect--
(1) the tenure of the individual serving as Administrator
of the Commission on the day before subsection (a) takes
effect; or
(2) until modified under section 1103(b) of the Panama
Canal Act of 1979, as amended by subsection (a), the
compensation of the individual so serving.
SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.
(a) In General.--Section 1104 (22 U.S.C. 3614) is amended
to read as follows:
``deputy administrator
``Sec. 1104. (a) There shall be a Deputy Administrator of
the Commission who shall be appointed by the President. The
Deputy Administrator shall perform such duties as may be
prescribed by the Board.
``(b) The Deputy Administrator shall be paid compensation
at a rate of pay, established by the Board, which does not
exceed the rate of basic pay in effect for level IV of the
Executive Schedule, and, if eligible, shall be paid the
overseas recruitment and retention difference provided for in
section 1217 of this Act.''.
(b) Clerical Amendment.--The table of contents in section 1
is amended in the item relating to section 1104 by striking
``and Chief Engineer''.
(c) Savings Provisions.--Nothing in this section shall be
considered to affect--
(1) the tenure of the individual serving as Deputy
Administrator of the Commission on the day before subsection
(a) takes effect; or
(2) until modified under section 1104(b) of the Panama
Canal Act of 1979, as amended by subsection (a), the
compensation of the individual so serving.
SEC. 3525. OFFICE OF OMBUDSMAN.
Section 1113 (22 U.S.C. 3623) is amended by striking
subsection (d) and redesignating subsection (e) as subsection
(d).
SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.
Section 1202 (22 U.S.C. 3642) is amended to read as
follows:
``appointment and compensation; duties
``Sec. 1202. (a) In accordance with this chapter, the
Commission may appoint, fix the compensation of, and define
the authority and duties of officers and employees (other
than the Administrator and Deputy Administrator) necessary
for the management, operation, and maintenance of the Panama
Canal and its complementary works, installations, and
equipment.
``(b) Individuals serving in any Executive agency (other
than the Commission) or the Smithsonian Institution,
including individuals in the uniform services, may, if
appointed under this section or section 1104 of this Act,
serve as officers or employees of the Commission.''.
SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.
(a) In General.--Section 1209 (22 U.S.C. 3649) is amended
to read as follows:
``applicability of certain benefits
``Sec. 1209. Chapter 81 of title 5, United States Code,
relating to compensation for work injuries, chapters 83 and
84 of such title 5, relating to retirement, chapter 87 of
such title 5, relating to life insurance, and chapter 89 of
such title 5, relating to health insurance, are applicable to
Commission employees, except any individual--
``(1) who is not a citizen of the United States;
``(2) whose initial appointment by the Commission occurs
after October 1, 1979; and
``(3) who is covered by the Social Security System of the
Republic of Panama pursuant to any provision of the Panama
Canal Treaty of 1977 and related agreements.''.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking the item relating to section 1209 and
inserting the following:
``Sec. 1209. Applicability of certain benefits.''.
SEC. 3528. TRAVEL AND TRANSPORTATION EXPENSES.
Section 1210 (22 U.S.C. 3650) is amended to read as
follows:
``travel and transportation expenses
``Sec. 1210. (a) Subject to subsections (b) and (c), the
Commission may pay travel and transportation expenses for
employees in accordance with subchapter II of chapter 57 of
title 5, United States Code.
``(b) For an employee to whom section 1206 applies, the
Commission may pay travel and transportation expenses
associated with vacation leave for the employee and the
immediate family of the employee notwithstanding requirements
regarding periods of service established by subchapter II of
chapter 57 of title 5, United States Code, or the regulations
promulgated thereunder.
``(c) For an employee to whom section 1206 does not apply,
the Commission may pay travel and transportation expenses
associated with vacation leave for the employee and the
immediate family of the employee notwithstanding requirements
regarding a written agreement concerning the duration of a
continuing service obligation established by subchapter II of
chapter 57 of title 5, United States Code or the regulations
promulgated thereunder.''.
SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.
Subparagraph (B) of section 1211(1) (22 U.S.C. 3651(1)(B))
is amended to read as follows:
``(B) any other Executive agency or the Smithsonian
Institution, to the extent of any election in effect under
section 1212(b) of this Act;''.
SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND OTHER
EMPLOYMENT REQUIREMENTS.
(a) In General.--Section 1212 (22 U.S.C. 3652) is amended
to read as follows:
``panama canal employment system; merit and other employment
requirements
``Sec. 1212. (a) The Commission shall establish a Panama
Canal Employment System and prescribe the regulations
necessary for its administration. The Panama Canal Employment
System shall--
``(1) be established in accordance with and be subject to
the provisions of the Panama Canal Treaty of 1977 and related
agreements, the provisions of this chapter, and any other
applicable provision of law;
``(2) be based on the consideration of the merit of each
employee or candidate for employment and the qualifications
and fitness of the employee to hold the position concerned;
``(3) conform, to the extent practicable and consistent
with the provisions of this Act, to the policies, principles,
and standards applicable to the competitive service;
``(4) in the case of employees who are citizens of the
United States, provide for the appropriate interchange of
those employees between positions under the Panama Canal
Employment System and positions in the competitive service;
and
``(5) not be subject to the provisions of title 5, United
States Code, unless specifically made applicable by this Act.
``(b)(1) The head of any Executive agency (other than the
Commission) and the Smithsonian Institution may elect to have
the Panama Canal Employment System made applicable in whole
or in part to personnel of that agency in the Republic of
Panama.
``(2) Any Executive agency (other than the Commission) and
the Smithsonian Institution, to the extent of any election
under paragraph (1), shall conduct its employment and pay
practices relating to employees in accordance with the Panama
Canal Employment System.
``(c) The Commission may exclude any employee or position
from coverage under any provision of this subchapter, other
than the interchange rights extended under subsection
(a)(4).''.
(b) Savings Provisions.--The Panama Canal Employment System
and all elections, rules, regulations, and orders relating
thereto, as last in effect before the amendment made by
subsection (a) takes effect, shall continue in effect,
according to their terms, until modified, terminated, or
superseded under section 1212 of the Panama Canal Act of
1979, as amended by subsection (a).
SEC. 3531. EMPLOYMENT STANDARDS.
Section 1213 (22 U.S.C. 3653) is amended in the first
sentence by striking ``The head of each agency'' and
inserting ``The Commission''.
SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING INTERIM
APPLICATION OF CANAL ZONE MERIT SYSTEM.
(a) Repeal.--Section 1214 (22 U.S.C. 3654) is repealed.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking the item relating to section 1214.
SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUITMENT AND
RETENTION REMUNERATION.
Section 1217(d) (22 U.S.C. 3657(d)) is repealed.
SEC. 3534. BENEFITS BASED ON BASIC PAY.
Section 1218(2) (22 U.S.C. 3658(2)) is amended to read as
follows:
``(2) benefits under subchapter III of chapter 83 and
subchapter II of chapter 84 of title 5, United States Code,
relating to retirement;''.
SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AUTHORITY OF
COMMISSION.
(a) In General.--Section 1223 (22 U.S.C. 3663) is amended
to read as follows:
``central examining office
``Sec. 1223. The Commission shall establish a Central
Examining Office. The purpose of the office shall be to
implement the provisions of the Panama Canal Treaty of 1977
and related agreements with respect to recruitment,
examination, determination of qualification standards, and
similar matters relating to employment of the Commission.''.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking
[[Page 1194]]
the item relating to section 1223 and inserting the
following:
``Sec. 1223. Central Examining Office.''.
SEC. 3536. APPLICABILITY OF CERTAIN LAWS.
(a) In General.--Section 1224 (22 U.S.C. 3664) is amended
to read as follows:
``applicability of title 5, united states code
``Sec. 1224. The following provisions of title 5, United
States Code, apply to the Panama Canal Commission:
``(1) Part I of title 5 (relating to agencies generally).
``(2) Chapter 21 (relating to employee definitions).
``(3) Section 2302(b)(8) (relating to whistleblower
protection) and all provisions of title 5 relating to the
administration or enforcement or any other aspect thereof, as
identified in regulations prescribed by the Commission in
consultation with the Office of Personnel Management.
``(4) All provisions relating to preference eligibles.
``(5) Section 5514 (relating to offset from salary).
``(6) Section 5520a (relating to garnishments).
``(7) Sections 5531-5535 (relating to dual pay and
employment).
``(8) Subchapter VI of chapter 55 (relating to accumulated
and accrued leave).
``(9) Subchapter IX of chapter 55 (relating to severance
and back pay).
``(10) Chapter 57 (relating to travel and transportation).
``(11) Chapter 59 (relating to allowances).
``(12) Chapter 63 (relating to leave).
``(13) Section 6323 (relating to military leave; Reserves
and National Guardsmen).
``(14) Chapter 71 (relating to labor relations).
``(15) Subchapters II and III of chapter 73 (relating to
employment limitations and political activities,
respectively) and all provisions of title 5 relating to the
administration or enforcement or any other aspect thereof, as
identified in regulations prescribed by the Commission in
consultation with the Office of Personnel Management.
``(16) Chapter 81 (relating to compensation for work
injuries).
``(17) Chapters 83 and 84 (relating to retirement).
``(18) Chapter 85 (relating to unemployment compensation).
``(19) Chapter 87 (relating to life insurance).
``(20) Chapter 89 (relating to health insurance).''.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking the item relating to section 1224 and
inserting the following:
``Sec. 1224. Applicability of title 5, United States Code.''.
SEC. 3537. REPEAL OF PROVISION RELATING TO TRANSFERRED OR
REEMPLOYED EMPLOYEES.
Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is repealed.
SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENEFITS.
(a) In General.--Section 1245 (22 U.S.C. 3682) is amended
by striking so much as precedes subsection (b) and inserting
the following:
``administration of certain disability benefits
``Sec. 1245. (a)(1) The Commission, or any other United
States Government agency or private entity acting pursuant to
an agreement with the Commission, under the Act entitled `An
Act authorizing cash relief for certain employees of the
Panama Canal not coming within the provisions of the Canal
Zone Retirement Act', approved July 8, 1937 (50 Stat. 478; 68
Stat. 17), may continue the payments of cash relief to those
individual former employees of the Canal Zone Government or
Panama Canal Company or their predecessor agencies not coming
within the scope of the former Canal Zone Retirement Act
whose services were terminated prior to October 5, 1958,
because of unfitness for further useful service by reason of
mental or physical disability resulting from age or disease.
``(2) Subject to subsection (b), cash relief under this
subsection may not exceed $1.50 per month for each year of
service of the employees so furnished relief, with a maximum
of $45 per month, plus the amount of any cost-of-living
increases in such cash relief granted before October 1, 1979,
pursuant to section 181 of title 2 of the Canal Zone Code (as
in effect on September 30, 1979), nor be paid to any employee
who, at the time of termination for disability prior to
October 5, 1958, had less than 10 years' service with the
Canal Zone Government, the Panama Canal Company, or their
predecessor agencies on the Isthmus of Panama.''.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking the item relating to section 1245 and
inserting the following:
``Sec. 1245. Administration of certain disability benefits.''.
SEC. 3539. PANAMA CANAL REVOLVING FUND.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C.
3712) is amended to read as follows:
``panama canal revolving fund
``Sec. 1302. (a) There is established in the Treasury of
the United States a revolving fund to be known as `Panama
Canal Revolving Fund'. The Panama Canal Revolving Fund shall,
subject to subsection (b), be available to the Commission to
carry out the purposes, functions, and powers authorized by
this Act, including for--
``(1) the hire of passenger motor vehicles and aircraft;
``(2) uniforms or allowances therefor;
``(3) official receptions and representation expenses of
the Board, the Secretary of the Commission, and the
Administrator;
``(4) the operation of guide services;
``(5) a residence for the Administrator;
``(6) disbursements by the Administrator for employee and
community projects;
``(7) the procurement of expert and consultant services;
``(8) promotional activities, including the preparation,
distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, film, or other media
presentation designed to promote the Panama Canal as a
resource of the world shipping industry; and
``(9) the purchase and transportation to the Republic of
Panama of passenger motor vehicles built in the United
States, including large, heavy-duty vehicles.
``(b)(1) There shall be deposited in the Panama Canal
Revolving Fund, on a continuing basis, toll receipts (other
than amounts of toll receipts deposited into the Panama Canal
Commission Dissolution Fund under section 1305) and all other
receipts of the Commission. Except as provided in section
1303, no funds may be obligated or expended by the Commission
in any fiscal year unless such obligation or expenditure has
been specifically authorized by law.
``(2) No funds may be authorized for the use of the
Commission, or obligated or expended by the Commission in any
fiscal year, in excess of--
``(A) the amount of revenues deposited in the Panama Canal
Revolving Fund and the Panama Canal Dissolution Fund during
such fiscal year, plus
``(B) the amount of revenues deposited in the Panama Canal
Revolving Fund before such fiscal year and remaining
unobligated at the beginning of such fiscal year; plus
``(C) the $100,000,000 borrowing authority provided for in
section 1304 of this Act.
Not later than 30 days after the end of each fiscal year, the
Secretary of the Treasury shall report to the Congress the
amount of revenues deposited in the Panama Canal Revolving
Fund during such fiscal year.
``(c) With the approval of the Secretary of the Treasury,
the Commission may deposit amounts in the Panama Canal
Revolving Fund in any Federal Reserve bank, any depository
for public funds, or such other place and in such manner as
the Commission and the Secretary may agree.
``(d)(1) It is the sense of the Congress that the
additional costs resulting from the implementation of the
Panama Canal Treaty of 1977 and related agreements should be
kept to the absolute minimum level. To this end, the Congress
declares appropriated costs of implementation to be borne by
the taxpayers over the life of such Treaty should be kept to
a level no greater than the March 1979 estimate of those
costs ($870,700,000) presented to the Congress by the
executive branch during consideration of this Act by the
Congress, less personnel retirement costs of $205,000,000,
which were subtracted and charged to tolls, therefore
resulting in net taxpayer cost of approximately $665,700,000,
plus appropriate adjustments for inflation.
``(2) It is further the sense of the Congress that the
actual costs of implementation be consistent with the
obligations of the United States to operate the Panama Canal
safely and efficiently and keep it secure.''.
SEC. 3540. PRINTING.
(a) In General.--Title I is amended in chapter 3 (22 U.S.C.
3711 et seq.) by adding at the end of subchapter I the
following new section:
``printing
``Sec. 1306. (a) Section 501 of title 44, United States
Code, shall not apply to direct purchase by the Commission
for its use of printing, binding, and blank-book work in the
Republic of Panama when the Commission determines that such
direct purchase is in the best interest of the Government.
``(b) This section shall not affect the Commission's
authority, under chapter 5 of title 44, United States Code,
to operate a field printing plant.''.
(b) Clerical Amendment.--The table of contents in section 1
is amended by inserting after the item relating to section
1305 the following new item:
``Sec. 1306. Printing.''.
SEC. 3541. ACCOUNTING POLICIES.
Section 1311 (22 U.S.C. 3721), the first sentence in
subsection (a) is amended to read as follows: ``The
Commission shall establish and maintain its accounts in
accordance with chapter 91 of title 31, United States Code,
and the provisions of this chapter.''.
SEC. 3542. INTERAGENCY SERVICES; REIMBURSEMENTS.
Section 1321(e) (22 U.S.C. 3731(e)) is amended by adding at
the end the following sentence:
``Notwithstanding section 5924 of title 5, United States
Code, the Commission shall by regulation determine the extent
to which costs of educational services may be defrayed under
this subsection.''.
SEC. 3543. POSTAL SERVICE.
Section 1331 (22 U.S.C. 3741) is amended to read as
follows:
``postal service
``Sec. 1331. (a) The Commission shall take possession of
and administer the funds of the
[[Page 1195]]
Canal Zone postal service and shall assume its obligations.
``(b) Effective December 1, 1999, neither the Commission
nor the United States Government shall be responsible for the
distribution of any accumulated unpaid balances relating to
Canal Zone postal-savings deposits, postal-savings
certificates, and postal money orders.
``(c) Mail addressed to the Canal Zone from or through the
continental United States may be routed by the United States
Postal Service to the military post offices of the United
States Armed Forces in the Republic of Panama. Such military
post offices shall provide the required directory services
and shall accept such mail to the extent permitted under the
Panama Canal Treaty of 1977 and related agreements. The
Commission shall furnish personnel, records, and other
services to such military post offices to assure wherever
appropriate the distribution, rerouting, or return of such
mail.''.
SEC. 3544. INVESTIGATION OF ACCIDENTS OR INJURY GIVING RISE
TO CLAIM.
Section 1417(1) (22 U.S.C. 3777(1)) is amended to read as
follows:
``(1) an investigation of the accident or injury giving
rise to the claim has been completed, which shall include a
hearing by the Board of Local Inspectors of the Commission;
and''.
SEC. 3545. OPERATIONS REGULATIONS.
Section 1801 (22 U.S.C. 3811) is amended by striking
``President'' and inserting ``Commission''.
SEC. 3546. MISCELLANEOUS REPEALS.
(a) Repeals.--The following provisions are repealed:
(1) Section 1605 (22 U.S.C. 3795), relating to interim toll
adjustment.
(2) Section 1701 (22 U.S.C. 3801), relating to the
authority of the President to prescribe certain regulations.
(3) Section 1702 (22 U.S.C. 3802), relating to the
authority of the Panama Canal Commission to prescribe certain
regulations.
(4) Title II (22 U.S.C. 3841-3852), relating to the Treaty
transition period.
(5) Chapter 1 of title III (22 U.S.C. 3861), relating to
cemeteries.
(6) Section 1246, relating to appliances for certain
injured employees.
(7) Section 1251, relating to leave for jury or witness
service.
(8) Section 1301, relating to Canal Zone Government funds.
(9) Section 1313(c), relating to audits.
(b) Clerical Amendments.--Section 1 is amended in the table
of contents by striking each of the items relating to a
title, chapter, or section repealed by subsection (a).
SEC. 3547. EXEMPTION.
(a) In General.--Section 3302 is amended to read as
follows:
``exemption
``Sec. 3302. The Commission is exempt from the provisions
of subchapter II of chapter 6 of title 15, United States
Code.''.
(b) Clerical Amendment.--The table of contents in section 1
is amended by striking the item relating to section 3302 and
inserting the following:
``Sec. 3302. Exemption.''.
SEC. 3548. MISCELLANEOUS CONFORMING AMENDMENTS TO TITLE 5,
UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 3401(1) by striking clause (v) and
redesignating clauses (vi) through (viii) as clauses (v)
through (vii), respectively;
(2) in section 5102(a)(1) by striking clause (vi) and
redesignating clauses (vii) through (xi) as clauses (vi)
through (ix), respectively;
(3) in section 5315 by striking ``Administrator of the
Panama Canal Commission.'';
(4) in section 5342(a)(1) by striking subparagraph (G) and
redesignating subparagraphs (H) through (L) as subparagraphs
(G) through (K), respectively;
(5) in section 5343(a)(5) by striking ``the areas and
installations'' and all that follows through ``Panama Canal
Act of 1979),'';
(6) in section 5348--
(A) by striking subsection (b) and redesignating subsection
(c) as subsection (b); and
(B) in subsection (a) by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)'';
(7) in section 5373 by striking paragraph (1) and
redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively;
(8) in section 5537(c) by striking ``the United States
District Court for the District of the Canal Zone, the
District Court of Guam, and the District Court of the Virgin
Islands.'' and inserting ``the District Court of Guam and the
District Court of the Virgin Islands.'';
(9) in section 5541(2)(xii)--
(A) by inserting ``or'' after ``Services Administration,'';
and
(B) by striking ``, or a vessel employee of the Panama
Canal Commission'';
(10) in section 7901 by amending subsection (f) to read as
follows:
``(f) The health programs conducted by the Tennessee Valley
Authority are not affected by this section.'';
(11) in section 5102(c) by repealing paragraph (12);
(12) in section 5924(3) by striking the last sentence
thereof; and
(13) in section 6322(a) by striking ``, or the Republic of
Panama''.
SEC. 3549. REPEAL OF PANAMA CANAL CODE.
Section 3303 (22 U.S.C. 3602 note) is amended by adding at
the end the following new subsection:
``(c) The Panama Canal Code is repealed effective on the
date of the enactment of the Panama Canal Act Amendments of
1996.''.
SEC. 3550. MISCELLANEOUS CLERICAL AND CONFORMING AMENDMENTS.
(a) Clerical Amendments.--The table of contents in section
1 is amended in the items relating to sections 1101, 1102a,
1102b, and 1313 by inserting ``Sec.'' before the section
number.
(b) Conforming Amendment.--Section 1303 (22 U.S.C. 3713) is
amended by striking ``section 1302(c)(1)'' each place it
appears and inserting ``section 1302(b)(1)''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. DELLUMS moved to recommit the bill to the Committee on National
Security with instructions to report the bill back to the House
forthwith with the following amendment:
At the end of title X (page 359, after line 20), insert the
following new section:
SEC. 1041. REALLOCATION OF NATIONAL MISSILE DEFENSE FUNDING
INCREASE.
(a) Increase in Amount for Impact Aid.--The amount provided
in section 301(5) for operation and maintenance for defense-
wide activities, and the amount specified in section
367(a)(1) as the portion of such amount that is available for
impact aid assistance, are each hereby increased by
$53,000,000.
(b) Authorization for Corps Sam System.--Of the amount
provided in section 201(4) for research, development, test,
and evaluation for defense-wide activities that is available
for programs managed by the Ballistic Missile Defense
Organization, not less than $56,000,000 shall be made
available for the Corps Surface-to-Air Missile (SAM) system.
(c) Offsetting Reductions From Amounts for National Missile
Defense.--The amount provided in section 201(4) for research,
development, test, and evaluation for defense-wide
activities, and the amount specified in section 231 as the
portion of such amount that is available for programs managed
by the Ballistic Missile Defense Organization, are each
hereby reduced by $53,000,000. Of the amount specified in
section 231, not more than $749,437,000 may be made available
for the National Missile Defense program element.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. YOUNG of Florida, announced that the nays
had it.
Mr. DELLUMS demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
185
<3-line {>
negative
Nays
240
para.58.16 [Roll No. 173]
YEAS--185
Abercrombie
Ackerman
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Christensen
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
[[Page 1196]]
Volkmer
Waters
Watt (NC)
Watts (OK)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NAYS--240
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Mollohan
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Fields (TX)
Flake
Holden
Molinari
Paxon
Smith (NJ)
Talent
Ward
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. YOUNG of Florida, announced that the yeas
had it.
Mr. DELLUMS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
272
<3-line {>
affirmative
Nays
153
para.58.17 [Roll No. 174]
AYES--272
Abercrombie
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Flanagan
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoke
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Knollenberg
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martinez
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Mink
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Payne (VA)
Peterson (FL)
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Richardson
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOES--153
Ackerman
Andrews
Barrett (WI)
Becerra
Beilenson
Berman
Blute
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Camp
Campbell
Cardin
Castle
Chabot
Clay
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
DeFazio
Dellums
Deutsch
Dingell
Dixon
Doggett
Doyle
Duncan
Durbin
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Filner
Foglietta
Foley
Ford
Frank (MA)
Franks (NJ)
Furse
Ganske
Gunderson
Gutierrez
Hancock
Hastings (FL)
Hilliard
Hinchey
Hoekstra
Horn
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Manton
Markey
Martini
Mascara
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Moakley
Morella
Nadler
Neal
Neumann
Ney
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Poshard
Rahall
Ramstad
Rangel
Reed
Riggs
Rivers
Roemer
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Thornton
Torricelli
Towns
Upton
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Yates
Zimmer
NOT VOTING--8
Fields (TX)
Flake
Holden
Maloney
Molinari
Paxon
Talent
Ward
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for fiscal year 1997 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.''.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.58.18 clerk to correct engrossment
On motion of Mr. SPENCE, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized to correct section numbers, cross references, punctuation,
and to make such other clerical, technical, conforming changes as may be
necessary to reflect the actions of the House in amending the bill.
[[Page 1197]]
para.58.19 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.58.20 providing for the further consideration of h. con. res. 178
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-577) the resolution (H. Res. 435) providing for further
consideration of the concurrent resolution (H. Con. Res. 178)
establishing the congressional budget for the United States Government
for fiscal year 1997 and setting forth appropriate budgetary levels for
fiscal years 1998, 1999, 2000, 2001, and 2002.
When said resolution and report were referred to the House Calendar.
para.58.21 message from the president--science and engineering
indicators
The SPEAKER pro tempore, Mr. YOUNG of Florida, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
As required by 42 U.S.C. 1863(j)(1), I am pleased to submit to the
Congress a report of the National Science Board entitled Science and
Engineering Indicators--1996. This report represents the twelfth in a
series examining key aspects of the status of American science and
engineering in a global environment.
The science and technology enterprise is a source of discovery and
inspiration and is key to the future of our Nation. The United States
must sustain world leadership in science, mathematics, and engineering
if we are to meet the challenges of today and tomorrow.
I commend Science and Engineering Indicators--1996 to the attention of
the Congress and those in the scientific and technology communities.
William J. Clinton.
The White House, May 15, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Science.
para.58.22 congressional budget resolution
The SPEAKER pro tempore, Mr. YOUNG of Florida, pursuant to the special
order of May 14 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the concurrent resolution (H. Con. Res. 178)
establishing the congressional budget for the United States Government
for fiscal year 1997 and setting forth appropriate budgetary levels for
fiscal years 1998, 1999, 2000, 2001, and 2002.
The SPEAKER pro tempore, Mr. YOUNG of Florida, by unanimous consent,
designated Mr. CAMP as Chairman of the Committee of the Whole; and after
some time spent therein,
The SPEAKER pro tempore, Mr. NEY, assumed the Chair.
When Mr. CAMP, Chairman, reported that the Committee, having had under
consideration said concurrent resolution, had come to no resolution
thereon.
para.58.23 subpoena
The SPEAKER pro tempore, Mr. NEY, laid before the House a
communication, which was read as follows:
Office of the Chief Administrative Officer, U.S. House of
Representatives,
Washington, DC, May 10, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Re District of Columbia versus Yvette Yolanda Jones.
Dear Mr. Speaker: This to formally notify you pursuant to
Rule L (50) of the Rules of the House that an Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scott M. Faulkner,
Chief Administrative Officer.
para.58.24 hour of meeting
On motion of Mr. RAMSTAD, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
9:15 a.m. on Thursday, May 16, 1996.
para.58.25 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1743. An Act to amend the Water Resources Act of 1984
to extend the authorizations of appropriations through fiscal
year 2000, and for other purposes; and
H.R. 1836. An Act to authorize the Secretary of the
Interior to acquire property in the town of East Hampton,
Suffolk County, New York, for inclusion in the Amagansett
National Wildlife Refuge.
para.58.26 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. FOWLER, for today until 1:30 p.m.; and
To Mr. TALENT, for today after 2:00 p.m. and the balance of the week.
And then,
para.58.27 adjournment
On motion of Mr. SANDERS, pursuant to the special order heretofore
agreed to, at 9 o'clock and 50 minutes p.m., the House adjourned until
9:15 a.m. on Thursday, May 16, 1996.
para.58.28 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SOLOMON: Committee on Rules. House Resolution 435.
Resolution providing for further consideration of the
concurrent resolution (H. Con. Res. 178) establishing the
congressional budget for the United States Government for
fiscal year 1997 and setting forth appropriate budgetary
levels for fiscal year 1998, 1999, 2000, 2001, 2002 (Rept.
No. 104-577). Referred to the House Calendar.
Mr. ARCHER: Committee on Ways and Means. H.R. 3415. A bill
to amend the Internal Revenue Code of 1986 to repeal the 4.3-
cent increase in the transportation motor fuels excise tax
rates enacted by the Omnibus Budget Reconciliation Act of
1993 and dedicated to the general fund of the Treasury (Rept.
No. 104-576, Pt. 1). Referred to the Committee of the Whole
House on the State of the Union.
para.58.29 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. COMBEST: Permanent Select Committee on Intelligence.
H.R. 3259. A bill to authorize appropriations for fiscal year
1997 for intelligence and intelligence-related activities of
the U.S. Government, the Community Management Account, and
the Central Intelligence Agency Retirement and Disability
System, and for other purposes; with an amendment; referred
to the Committee on National Security for a period ending not
later than May 16, 1996, for consideration of such provisions
of the bill and amendment as fall within the jurisdiction of
that committee pursuant to clause 1(k), rule X.
para.58.30 discharge of committee
Pursuant to clause 5 of rule X the following action was taken by the
Speaker: The Committee on Commerce discharged from further
consideration; H.R. 3415 referred to the Committee of the Whole House on
the State of the Union.
para.58.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. JACKSON-LEE (for herself, Mr. Rangel, Mr. Payne
of New Jersey, Ms. Waters, Ms. Eddie Bernice Johnson
of Texas, Mr. Bishop, Mr. Ackerman, Ms. Brown of
Florida, Ms. Norton, Mr. Jefferson, Mr. Stokes, Mr.
Watt of North Carolina, Mr. Clyburn, Mr. Lewis of
Georgia, Mr. Conyers, Mr. Owens, Mr. Fattah, Mr.
Hilliard, Mr. Richardson, Mr. Collins of Georgia, Mr.
Jackson, Mr. Dellums, Mr. Andrews, Mr. Ortiz, Mr.
Rush, Ms. Slaughter, Mr. Gibbons, Mr. Clay, Ms.
Velazquez, Mr. Gutierrez, Mrs. Mink of Hawaii, Mr.
Brown of California, and Mr. Levin):
H.R. 3457. A bill to amend the Internal Revenue Code of
1986 to suspend the 4.3-cent general revenue portion of the
fuel excise taxes; to the Committee on Ways and Means, and in
addition to the Committee on National Security, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. EVERETT (for himself, Mr. Stump, Mr. Montgomery,
and Mr. Evans):
H.R. 3458. A bill to increase, effective as of December 1,
1996, the rates of compensation for veterans with service-
connected disabilities and the rates of dependency and
indemnity compensation for the survivors of cer
[[Page 1198]]
tain disabled veterans; to the Committee on Veterans'
Affairs.
By Mr. BUYER (for himself and Mr. Filner):
H.R. 3459. A bill to amend title 38, United States Code, to
extend the enhanced loan asset sale authority of the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
By Mr. MOORHEAD (for himself, Mrs. Schroeder, Mr.
Conyers, Mr. Sensenbrenner, Mr. Coble, Mr. Goodlatte,
Mr. Berman, Mr. Boucher, Mr. Gallegly, Mr. Hoke, Mr.
Nadler, and Ms. Lofgren):
H.R. 3460. A bill to establish the Patent and Trademark
Office as a Government corporation, and for other purposes;
to the Committee on the Judiciary.
By Mr. THOMAS:
H.R. 3461. A bill to authorize appropriations for the
Federal Election Commission for fiscal year 1997; to the
Committee on House Oversight.
By Mr. CARDIN (for himself, Mr. Watts of Oklahoma, Mr.
Gilman, Mr. Hoyer, Mrs. Morella, Mr. LaFalce, Mr.
Pickett, Mr. Cramer, Mr. Pomeroy, Mr. Brewster, Mr.
Moran, Mr. Johnson of South Dakota, Mrs. Meek of
Florida, and Mr. Ehrlich):
H.R. 3462. A bill to amend title 5, United States Code, to
require that written notice be furnished by the Office of
Personnel Management before making any substantial change in
the health benefits program for Federal employees; to the
Committee on Government Reform and Oversight.
By Mr. GUTIERREZ:
H.R. 3463. A bill to provide for a livable wage for
employees under Federal contracts and subcontracts; to the
Committee on Economic and Educational Opportunities, and in
addition to the Committee on Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. HANCOCK:
H.R. 3464. A bill to make a minor adjustment in the
exterior boundary of the Devils Backbone Wilderness in the
Mark Twain National Forest, MO, to exclude a small parcel of
land containing improvements; to the Committee on
Agriculture, and in addition to the Committee on Resources,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mrs. JOHNSON of Connecticut (for herself, Mrs.
Kennelly, Mr. Shaw, Mrs. Morella, Mrs. Lowey, Mrs.
Clayton, Mrs. Cubin, Ms. DeLauro, Ms. Dunn of
Washington, Mrs. Fowler, Ms. Greene of Utah, Mrs.
Kelly, Ms. lofgren, Mrs. Meek of Florida, Mrs. Meyers
of Kansas, Mrs. Myrick, Ms. Pryce, Mrs. Seastrand,
Mrs. Schroeder, Mrs. Vucanovich, Ms. Woolsey, Mr.
Camp, Mr. Christensen, Mr. Collins of Georgia, Mr.
Crane, Mr. English of Pennsylvania, Mr. Ensign, Mr.
Houghton, Mr. Matsui, Mr. McCrery, Mr. Neal of
Massachusetts, Mr. Portman, Mr. Ramstad, Mr. Zimmer,
Mr. Hobson, Mr. Nussle, Mr. Upton, Mr. Torkildsen,
Mr. Foley, Mr. Boehlert, and Mr. Frelinghuysen):
H.R. 3465. A bill to amend part D of title IV of the Social
Security Act to improve child support enforcement services,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committees on Banking and Financial
Services, the Judiciary, National Security, Transportation
and Infrastructure, International Relations, Economic and
Educational Opportunities, and Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. MALONEY (for herself, Mr. Torricelli, Mr.
Gonzalez, Mr. Yates, Mr. Clay, Mr. Conyers, and Mr.
Stark):
H.R. 3466. A bill to eliminate taxpayer subsidies for
recreational shooting programs, and to prevent the transfer
of federally owned weapons, ammunition, funds, and other
property to a private corporation for the promotion of rifle
practice and firearms safety; to the Committee on National
Security.
para.58.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 833: Mr. Campbell.
H.R. 922: Mrs. Clayton.
H.R. 1023: Mr. Brown of Ohio, Mr. Rush, and Mr. Martinez.
H.R. 1140: Mr. Nadler.
H.R. 1210: Mr. English of Pennsylvania.
H.R. 1353: Mr. Pomeroy.
H.R. 1402: Mr. Clay.
H.R. 2011: Mr. Ganske.
H.R. 2026: Mr. Frank of Massachusetts, Mr. Bachus, Mr.
Young of Alaska, Mr. Hastings of Florida, Mr. Volkmer, Mr.
Sawyer, Mr. Taylor of Mississippi, and Mr. Gallegly.
H.R. 2270: Mr. Bateman, Mr. Clinger, Mr. Kingston, Mr.
Cremeans, Mr. Bunning of Kentucky, Mr. King, Mr. Campbell,
Mr. Jones, and Mr. Bereuter.
H.R. 2272: Mr. Nadler and Mr. Pickett.
H.R. 2463: Ms. Slaughter.
H.R. 2508: Mr. Upton.
H.R. 2579: Mr. Latham.
H.R. 2807: Mr. Thornberry, Mr. Fattah, Mr. Norwood, and Mr.
Towns.
H.R. 2931: Mr. Wise, Mr. Baker of Louisiana, Mr. Manton,
Ms. McCarthy, and Mr. Ackerman.
H.R. 2976: Mr. Bentsen, Mr. Brown of Ohio, Mrs. Chenoweth,
Mrs. Collins of Illinois, Mr. de la Garza, and Mr. Weldon of
Florida.
H.R. 3012: Mr. Costello, Mr. Kingston, Mr. Hayes, Mr.
Clement, and Ms. Kaptur.
H.R. 3030: Mrs. Thurman, Mr. Jackson, and Mr. Filner.
H.R. 3038: Mr. Blute and Mr. Emerson.
H.R. 3060: Mr. Fawell and Mr. Porter.
H.R. 3083: Mrs. Chenoweth, Mr. Porter, Mr. Doolittle, and
Mr. Dooley.
H.R. 3089: Mr. Faleomavaega, Ms. Roybal-Allard, Mr. Flake,
Mr. Richardson, Mr. Filner, Mr. Fazio of California, and Mr.
Horn.
H.R. 3090: Mr. Canady.
H.R. 3118: Mr. Bryant of Tennessee.
H.R. 3142: Mr. Deutsch, Mr. Engel, Mr. Luther, and Mr.
Taylor of North Carolina.
H.R. 3144: Mr. Combest, Mr. Cooley, Mr. Ensign, Mr.
Frelinghuysen, Mr. Frisa, Mr. Herger, Mr. Hilleary, Ms.
Molinari, Mr. Pombo, Mr. Radanovich, Mr. Riggs, Mr. Rogers,
Mr. Royce, Mr. Smith of Texas, Mr. Taylor of North Carolina,
Mr. Rohrabacher, Mr. Hancock, Mr. Christensen, Mr. Weller,
and Mr. Schaefer.
H.R. 3150: Mr. Brown of California and Mr. LaFalce.
H.R. 3153: Mrs. Thurman, Mr. Rohrabacher, Mr. Parker, and
Mr. Latham.
H.R. 3195: Mr. Thornberry.
H.R. 3199: Ms. Danner and Mr. Hefley.
H.R. 3206: Mr. Ney.
H.R. 3221: Mr. Hinchey, Ms. Waters, Mr. Borski, Mr. Stark,
Mr. Hilliard, Mrs. Clayton, Ms. Lofgren, and Mr. Lipinski.
H.R. 3226: Mr. Borski, Ms. Pryce, and Mr. Klug.
H.R. 3247: Mr. Berman, Mr. Pallone, Mr. Oberstar, Ms.
Norton, and Mr. Evans.
H.R. 3253: Mr. Dornan, Mr. Brown of California, Mr. Blute,
and Mrs. Clayton.
H.R. 3258: Mr. Horn and Mr. Cooley.
H.R. 3265: Mr. Smith of New Jersey.
H.R. 3316: Mr. LaFalce, Mr. Lipinski, and Mr. Evans.
H.R. 3362: Mr. Hilliard, Mr. LaFalce, Ms. Lofgren, Mr.
Miller of California, Mr. Frost, and Mr. Manton.
H.R. 3379: Mr. Scarborough.
H.R. 3392: Mr. Dicks, Ms. Pelosi, Mr. Watt of North
Carolina, Mrs. Mink of Hawaii, Mr. Thompson, Mr. Minge, Mr.
Pastor, Mr. Dixon, and Ms. Lofgren.
H.R. 3412: Mr. Yates.
H. Con. Res. 154: Ms. Lofgren, Mr. Menendez, Mr. Brown of
California, Mr. Edwards, Mr. McNulty, and Mr. Minge.
.
THURSDAY, MAY 16, 1996 (59)
para.59.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HASTINGS
of Washington, who laid before the House the following communication:
Washington, DC,
May 16, 1996.
I hereby designate the Honorable Richard ``Doc'' Hastings
to act as Speaker pro tempore on this day.
Newt Gingrich.
Speaker of the House of Representatives.
para.59.2 approval of the journal
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced he had
examined and approved the Journal of the proceedings of Wednesday, May
15, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.59.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3036. A letter from the Administrator, Rural Utilities
Service, transmitting the Service's final rule--RUS
Specification for Aerial Service Wires (7 CFR Part
1755.700-.704) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3037. A communication from the President of the United
States, transmitting amendments to the fiscal year 1997
appropriations requests for the Department of Agriculture
[USDA], pursuant to 31 U.S.C. 1106(b) (H. Doc. No. 104-215);
to the Committee on Appropriations and ordered to be printed.
3038. A letter from the Under Secretary of Defense,
transmitting the Secretary's selected acquisition reports
[SAR's] for the quarter ending March 31, 1996, pursuant to 10
U.S.C. 2432; to the Committee on National Security.
3039. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Cargo Preference: Available U.S.-Flag Commercial Vessels
(RIN: 2133-AB25) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
3040. A letter from the Assistant Secretary for Employment
Standards, Department of Labor, transmitting the Department's
final rule--Migrant and Seasonal Agricultural Workers
Protection Act (RIN: 1215-AA93) received May 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
[[Page 1199]]
3041. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Section 273(d)(5) of the
Communications Act of 1934, as Amended by the
Telecommunications Act of 1996--Dispute Resolution Regarding
Equipment Standards [GC Docket No. 96-42] received May 14,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3042. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of the Amateur Service Rules to
Implement a Vanity Call Sign System [PR Docket No. 93-305]
received May 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3043. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--Trade
Regulation Rule on Misbranding and Deception as to Leather
Content of Waist Belts (16 CFR Part 405) received May 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3044. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting an
update to the PLO Commitments Compliance Act report on March
1, 1996, pursuant to Public Law 104-107, section 604(b)(1)
(110 Stat. 756); to the Committee on International Relations.
3045. A letter from the Chief Counsel, Office of Foreign
Assets Control, Department of the Treasury, transmitting the
Department's final rule--Federal Republic of Yugoslavia
(Serbia and Montenegro) and Bosnian Serb-Controlled Areas of
the Republic of Bosnia and Herzegovina Sanctions Regulations:
Suspension of Sanctions Against the Bosnian Serbs (31 CFR
Part 585) received May 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on International Relations.
3046. A letter from the Assistant Secretary for Employment
Standards, Department of Labor, transmitting the Department's
final rule--Affirmative Action Obligations of Contractors and
Subcontractors For Disabled Veterans and Veterans of the
Vietnam Era; Invitation to Self-Identify; Interim Rule with
Request for Comments (RIN: 1251-AA62) received May 15, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3047. A letter from the Assistant Secretary for Employment
Standards, Department of Labor, transmitting the Department's
final rule--Affirmative Action and Nondiscrimination
Obligations of Contractors and Subcontractors Regarding
Individuals with Disabilities (RIN: 1215-AA76) received May
15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
3048. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule--Flaring or Venting Gas and
Burning Liquid Hydrocarbons (Minerals Management Service)
(RIN: 1010-AB96) received May 15, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3049. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting and
Conservation Stamp (Federal Duck Stamp) Contest (Fish and
Wildlife Service) RIN: 1018-AD71) received May 15, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3050. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Endangered and Threatened
Wildlife and Plants; Final Designation of Critical Habitat
for the Marbled Murrelet (Fish and Wildlife Service) (RIN:
1018-AC33) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3051. A letter from the Attorney General of the United
States, transmitting the Attorney General's report entitled
``Report on Federal Recordkeeping Relating to Domestic
Violence,'' pursuant to 42 U.S.C. 14015; to the Committee on
the Judiciary.
3052. A letter from the Attorney General of the United
States, transmitting the Attorney General's report entitled
``Domestic Violence, Stalking, and Antistalking
Legislation,'' pursuant to 42 U.S.C. 14039; to the Committee
on the Judiciary.
3053. A letter from the Attorney General of the United
States, transmitting the Attorney General's report entitled
``The Violence Against Women Act of 1994: Evaluation of the
STOP Block Grants to Combat Violence Against Women,''
pursuant to section 40291 of the Violent Crime Control and
Law Enforcement Act of 1994; to the Committee on the
Judiciary.
3054. A letter from the Secretary of Transportation,
transmitting the Department's 1995 annual report on the
recommendations received from the National Transportation
Board regarding transportation safety, pursuant to 49 U.S.C.
app. 1906(b); to the Committee on Transportation and
Infrastructure.
3055. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft, Inc. PA31,
PA31P, and PA31T Series Airplanes; (Docket No. 9-CE-62-AD)
(RIN: 2120-AA64) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3056. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft, Inc. Models
PA31, PA31-300, PA31-325, and PA31-350 Airplanes (Docket No.
90-CE-63-AD) (RIN: 2120-AA64) received May 16, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3057. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus A320-111, -211, -212, and -
231 Series Airplanes (Docket No. 95-NM-198-AD) (RIN: 2120-
AA64) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3058. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9 and
DC-9-80 Series Airplanes, Model MD-88 Airplanes, and C-9
(Military) Series Airplanes (Docket No. 94-NM-92-AD) (RIN:
2120-AA64) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3059. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model MD-11
Series Airplanes (Docket No. 95-NM-191-AD) (RIN: 2120-AA64)
received May 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3060. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-10-10, -
15, and -30 Series Airplanes and KC-10 (Military) Airplanes
(Docket No. 95-NM-108-AD) (RIN: 2120-AA64) received May 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3061. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Aviat Aircraft Inc., Models S-1S,
S-1T, S-2A, S-2S, and S-2B Airplanes (Docket No. 96-CE-20-AD)
(RIN: 2120-AA64) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3062. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft, Inc.,
Models PA31T, PA31T1, PA31T2, and PA31T3 Airplanes (Docket
No. 90-CE-61-AD) (RIN: 2120-AA64) received May 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3063. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Capital Leases (RIN: 2132-AA55) received May 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3064. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulation: Quonset Open House, North Kingston,
RI (RIN: 2115-AE46) received May 16, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3065. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; Long Beach Harbor, CA (RIN: 2115-AA97) received
May 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3066. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Adoption of Industry Standards (RIN: 2115-AF09) received May
16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3067. A letter from the Under Secretary for Technology,
Department of Commerce, transmitting the Department's final
rule--Federal Agency Guidance for the Acquisition of Modular
Metric Construction Products (RIN: 0693-XX18) received May
15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Science.
3068. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Notice 96-31--Received May 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3069. A letter from the Chief, Regulations Branch, United
States Customs Service, transmitting the Service's final
rule--Prohibited/Restricted Merchandise; Enforcement of
Foreign Assets Control Regulations (RIN: 1515-AB91) received
May 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3070. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Veterans Education: Increase in
Rates Payable Under the Montgomery GI Bill--Active Duty,
1995-96 (RIN: 2900-AH79) received May 14, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); jointly, to the Committees on National
Security and Veterans' Affairs.
para.59.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Secretary of the Senate be directed to request the
House to return to the Senate the bill (H.R. 2202) ``An Act to amend the
Immigration and Nationality Act to improve deterrence of illegal
immigration to the
[[Page 1200]]
United States by increasing border patrol and investigative personnel,
by increasing penalties for alien smuggling and for document fraud, by
reforming exclusion and deportation law and procedures, by improving the
verification system for eligibility for employment, and through other
measures, to reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes'', including the
Senate amendment thereto.
The message also announced that in accordance with sections 1928a-
1928d of title 22, United States Code, as amended, the Chair, on behalf
of the Vice President, appoints Mr. Brown and Mr. Akaka as members of
the Senate delegation to the North Atlantic Assembly during the 2d
session of the 104th Congress, to be held in Vouliagmeni, Athens,
Greece, May 16-20, 1996.
The message also announced that pursuant to Public Law 102-246, the
Chair, on behalf of the majority leader, in consultation with the
Democratic leader, appoints Julie Finley, of Washington, DC, as a member
of the Library of Congress Trust Fund Board, effective June 30, 1996,
vice Edwin L. Cox.
The message also announced that pursuant to Public Law 94-201, the
Chair, on behalf of the President pro tempore, appoints James F. Hoy, of
Kansas, and Charles E. Trimble, of Nebraska, as members of the Board of
Trustees of the American Folklife Center.
para.59.5 committees and subcommittees to sit
On motion of Mr. SOLOMON, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Government Reform and Oversight, the Committee on House Oversight,
the Committee on International Relations, the Committee on the
Judiciary, the Committee on Resources, the Committee on Science, and the
Committee on Transportation and Infrastructure.
para.59.6 providing for the further consideration of h. con. res. 178
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 435):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for further
consideration of the concurrent resolution (H. Con. Res. 178)
establishing the congressional budget for the United States
Government for fiscal year 1997 and setting forth appropriate
budgetary levels for fiscal years 1998, 1999, 2000, 2001, and
2002. No further general debate shall be in order. The
concurrent resolution shall be considered for amendment under
the five-minute rule. The concurrent resolution shall be
considered as read. No amendment shall be in order except
those designated in section 2 of this resolution. Each
amendment may be offered only in the order designated, may be
offered only by the Member designated or a designee (except
that if no Member offers the amendment designated in
paragraph (3) of section 2, then that amendment shall
nevertheless be considered as pending at this point), shall
be considered as read, shall be debatable for one hour
equally divided and controlled by the proponent and an
opponent, and shall not be subject to amendment. All points
of order against the amendments designated in section 2 are
waived except that the adoption of an amendment in the nature
of a substitute shall constitute the conclusion of
consideration of the concurrent resolution for amendment.
After the conclusion of consideration of the concurrent
resolution for amendment and a final period of general
debate, which shall not exceed 40 minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on the Budget, the Committee shall rise and report
the concurrent resolution to the House with such amendment as
may have been adopted. The previous question shall be
considered as ordered on the concurrent resolution and
amendments thereto to final adoption without intervening
motion except amendments offered by the chairman of the
Committee on the Budget pursuant to section 305(a)(5) of the
Congressional Budget Act of 1974 to achieve mathematical
consistency. The concurrent resolution shall not be subject
to a demand for division of the question of its adoption.
Sec. 2. The following amendments are in order pursuant to
the first section of this resolution:
(1) An amendment in the nature of a substitute by
Representative Payne of New Jersey printed on May 15, 1996,
in the portion of the Congressional Record designated for
that purpose in clause 6 of rule XXIII.
(2) An amendment in the nature of a substitute by
Representative Orton of Utah printed on May 15, 1996, in the
portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII.
(3) An amendment in the nature of a substitute by
Representative Sabo of Minnesota printed on May 15, 1996, in
the portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII, which may be offered by
any Member, or that failing, shall be considered as pending
under the terms of the first section of this resolution.
Sec. 3. (a) If House Concurrent Resolution 178 is agreed
to, then for all purposes of the Congressional Budget Act of
1974 as it applies in the House--
(1) the allocations of spending and credit responsibilities
that are depicted in House Report 104-575, beginning on page
158, shall be considered as the allocations otherwise
required by section 602(a) of the Congressional Budget Act of
1974 to be included in the joint explanatory statement of the
managers on a conference report to accompany a concurrent
resolution on the budget; and
(2) the Congress shall be considered to have adopted House
Concurrent Resolution 178 in the form adopted by the House.
(b) Upon adoption by the Congress of a concurrent
resolution on the budget for fiscal year 1997, subsection (a)
shall cease to apply.
(c) This section supersedes section 603 of the
Congressional Budget Act of 1974 with respect to the
concurrent resolution on the budget for fiscal year 1997.
Sec. 4. Rule XLIX shall not apply with respect to the
adoption by the Congress of a concurrent resolution on the
budget for fiscal year 1997.
When said resolution was considered.
After debate,
Mr. SOLOMON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
227
When there appeared
<3-line {>
Nays
196
para.59.7 [Roll No. 175]
YEAS--227
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stockman
Stump
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
[[Page 1201]]
NAYS--196
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--10
Hayes
Kennedy (RI)
Millender-McDonald
Molinari
Paxon
Peterson (FL)
Roberts
Souder
Talent
Williams
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.59.8 congressional budget resolution
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to House
Resolution 435 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the further
consideration of the concurrent resolution (H. Con. Res. 178)
establishing the congressional budget for the United States Government
for fiscal year 1997 and setting forth appropriate budgetary levels for
fiscal years 1998, 1999, 2000, 2001, and 2002.
Mr. CAMP, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.59.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. PAYNE of New Jersey:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1997.
The Congress determines and declares that the concurrent
resolution on the budget for fiscal year 1997 is hereby
established and that the appropriate budgetary levels for
fiscal years 1998 through 2002 are hereby set forth.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years 1997, 1998, 1999, 2000, 2001, and 2002:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are as
follows:
Fiscal year 1997: $1,140,900,000,000.
Fiscal year 1998: $1,216,000,000,000.
Fiscal year 1999: $1,777,300,000,000.
Fiscal year 2000: $1,345,000,000,000.
Fiscal year 2001: $1,407,900,000,000.
Fiscal year 2002: $1,483,500,000,000.
(B) The amounts by which the aggregate levels of Federal
revenues should be changed are as follows:
Fiscal year 1997: $40,500,000,000.
Fiscal year 1998: $67,500,000,000.
Fiscal year 1999: $78,900,000,000.
Fiscal year 2000: $93,200,000,000.
Fiscal year 2001: $96,800,000,000.
Fiscal year 2002: $109,700,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new
budget authority are as follows:
Fiscal year 1997: $1,338,600,000,000.
Fiscal year 1998: $1,400,600,000,000.
Fiscal year 1999: $1,448,500,000,000.
Fiscal year 2000: $1,508,000,000,000.
Fiscal year 2001: $1,548,700,000,000.
Fiscal year 2002: $1,618,600,000,000.
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget
outlays are as follows:
Fiscal year 1997: $1,325,000,000,000.
Fiscal year 1998: $1,391,100,000,000.
Fiscal year 1999: $1,436,500,000,000.
Fiscal year 2000: $1,483,000,000,000.
Fiscal year 2001: $1,525,000,000,000.
Fiscal year 2002: $1,589,200,000,000.
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 1997: $184,100,000,000.
Fiscal year 1998: $175,100,000,000.
Fiscal year 1999: $159,200,000,000.
Fiscal year 2000: $138,000,000,000.
Fiscal year 2001: $117,300,000,000.
Fiscal year 2002: $105,700,000,000.
(5) Public debt.--The appropriate levels of the public debt
are as follows:
Fiscal year 1997: $5,417,500,000,000.
Fiscal year 1998: $5,651,100,000,000.
Fiscal year 1999: $5,864,000,000,000.
Fiscal year 2000: $6,058,600,000,000.
Fiscal year 2001: $6,212,600,000,000.
Fiscal year 2002: $6,344,300,000,000.
(6) Direct loan obligations.--The appropriate levels of
total new direct loan obligations are as follows:
Fiscal year 1997: $41,432,000,000.
Fiscal year 1998: $39,420,000,000.
Fiscal year 1999: $42,470,000,000.
Fiscal year 2000: $43,895,000,000.
Fiscal year 2001: $44,292,000,000.
Fiscal year 2002: $46,718,000,000.
(7) Primary loan guarantee commitments.--The appropriate
levels of new primary loan guarantee commitments are as
follows:
Fiscal year 1997: $267,340,000,000.
Fiscal year 1998: $266,819,000,000.
Fiscal year 1999: $266,088,000,000.
Fiscal year 2000: $267,079,000,000.
Fiscal year 2001: $267,982,000,000.
Fiscal year 2002: $269,051,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, and new primary loan guarantee commitments
for fiscal years 1996 through 2002 for each major functional
category are:
(1) National Defense (050):
Fiscal year 1997:
(A) New budget authority, $240,300,000,000.
(B) Outlays, $237,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $800,000,000.
Fiscal year 1998:
(A) New budget authority, $233,300,000,000.
(B) Outlays, $235,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 1999:
(A) New budget authority, $227,400,000,000.
(B) Outlays, $228,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 2000:
(A) New budget authority, $223,400,000,000.
(B) Outlays, $220,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 2001:
(A) New budget authority, $219,500,000,000.
(B) Outlays, $216,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 2002:
(A) New budget authority, $219,500,000,000.
(B) Outlays, $216,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
(2) International Affairs (150):
Fiscal year 1997:
(A) New budget authority, $17,700,000,000.
(B) Outlays, $15,800,000,000.
(C) New direct loan obligations, $4,342,000,000.
(D) New primary loan guarantee commitments $18,251,000,000.
Fiscal year 1998:
(A) New budget authority, $18,300,000,000.
(B) Outlays, $17,500,000,000.
(C) New direct loan obligations, $4,417,000,000.
(D) New primary loan guarantee commitments $18,628,000,000.
Fiscal year 1999:
(A) New budget authority, $18,500,000,000.
(B) Outlays, $17,000,000,000.
(C) New direct loan obligations, $4,518,000,000.
(D) New primary loan guarantee commitments $19,030,000,000.
[[Page 1202]]
Fiscal year 2000:
(A) New budget authority, $22,100,000,000.
(B) Outlays, $19,600,000,000.
(C) New direct loan obligations, $4,618,000,000.
(D) New primary loan guarantee commitments $19,406,000,000.
Fiscal year 2001:
(A) New budget authority, $22,000,000,000.
(B) Outlays, $20,000,000,000.
(C) New direct loan obligations, $4,739,000,000.
(D) New primary loan guarantee commitments $19,858,000,000.
Fiscal year 2002:
(A) New budget authority, $22,000,000,000.
(B) Outlays, $20,000,000,000.
(C) New direct loan obligations, $4,891,000,000.
(D) New primary loan guarantee commitments $20,431,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 1997:
(A) New budget authority, $15,800,000,000.
(B) Outlays, $15,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $15,200,000,000.
(B) Outlays, $15,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $15,400,000,000.
(B) Outlays, $15,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $14,900,000,000.
(B) Outlays, $14,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $14,900,000,000.
(B) Outlays, $14,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $14,900,000,000.
(B) Outlays, $14,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(4) Energy (270):
Fiscal year 1997:
(A) New budget authority, $3,300,000,000.
(B) Outlays, $2,200,000,000.
(C) New direct loan obligations, $1,033,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $3,000,000,000.
(B) Outlays, $1,800,000,000.
(C) New direct loan obligations, $1,050,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $3,300,000,000.
(B) Outlays, $2,000,000,000.
(C) New direct loan obligations, $1,078,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $3,100,000,000.
(B) Outlays, $1,700,000,000.
(C) New direct loan obligations, $1,109,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $3,300,000,000.
(B) Outlays, $1,800,000,000.
(C) New direct loan obligations, $1,141,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $3,000,000,000.
(B) Outlays, $1,500,000,000.
(C) New direct loan obligations, $1,179,000,000,000.
(D) New primary loan guarantee commitments $0.
(5) Natural Resources and Environment (300):
Fiscal year 1997:
(A) New budget authority, $22,500,000,000.
(B) Outlays, $22,200,000,000.
(C) New direct loan obligations, $27,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $22,800,000,000.
(B) Outlays, $21,900,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $21,400,000,000.
(B) Outlays, $21,400,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $20,700,000,000.
(B) Outlays, $20,600,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $20,800,000,000.
(B) Outlays, $20,500,000,000.
(C) New direct loan obligations, $44,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $20,800,000,000.
(B) Outlays, $20,400,000,000.
(C) New direct loan obligations, $44,000,000.
(D) New primary loan guarantee commitments $0.
(6) Agriculture (350):
Fiscal year 1997:
(A) New budget authority, $12,600,000,000.
(B) Outlays, $10,900,000,000.
(C) New direct loan obligations, $7,810,000,000.
(D) New primary loan guarantee commitments $5,994,000,000.
Fiscal year 1998:
(A) New budget authority, $11,100,000,000.
(B) Outlays, $10,000,000,000.
(C) New direct loan obligations, $9,387,000,000.
(D) New primary loan guarantee commitments $6,765,000,000.
Fiscal year 1999:
(A) New budget authority, $10,900,000,000.
(B) Outlays, $8,800,000,000.
(C) New direct loan obligations, $10,808,000,000.
(D) New primary loan guarantee commitments $6,836,000,000.
Fiscal year 2000:
(A) New budget authority, $10,200,000,000.
(B) Outlays, $8,300,000,000.
(C) New direct loan obligations, $10,825,000,000.
(D) New primary loan guarantee commitments $6,909,000,000.
Fiscal year 2001:
(A) New budget authority, $8,800,000,000.
(B) Outlays, $7,100,000,000.
(C) New direct loan obligations, $10,708,000,000.
(D) New primary loan guarantee commitments $6,983,000,000.
Fiscal year 2002:
(A) New budget authority, $8,700,000,000.
(B) Outlays, $6,100,000,000.
(C) New direct loan obligations, $10,706,000,000.
(D) New primary loan guarantee commitments $7,060,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 1997:
(A) New budget authority, $8,400,000,000.
(B) Outlays, $1,300,000,000.
(C) New direct loan obligations, $1,910,000,000.
(D) New primary loan guarantee commitments
$198,096,000,000.
Fiscal year 1998:
(A) New budget authority, $10,200,000,000.
(B) Outlays, $5,700,000,000.
(C) New direct loan obligations, $1,900,000,000.
(D) New primary loan guarantee commitments
$198,218,000,000.
Fiscal year 1999:
(A) New budget authority, $11,000,000,000.
(B) Outlays, $6,000,000,000.
(C) New direct loan obligations, $1,954,000,000.
(D) New primary loan guarantee commitments
$198,427,000,000.
Fiscal year 2000:
(A) New budget authority, $12,900,000,000.
(B) Outlays, $7,100,000,000.
(C) New direct loan obligations, $2,015,000,000.
(D) New primary loan guarantee commitments
$198,723,000,000.
Fiscal year 2001:
(A) New budget authority, $12,400,000,000.
(B) Outlays, $7,600,00,000.
(C) New direct loan obligations, $2,072,000,000.
(D) New primary loan guarantee commitments
$198,876,000,000.
Fiscal year 2002:
(A) New budget authority, $12,700,000,000.
(B) Outlays, $8,200,000,000.
(C) New direct loan obligations, $2,134,000,000.
(D) New primary loan guarantee commitments
$199,111,000,000.
(8) Transportation (400):
Fiscal year 1997:
(A) New budget authority, $42,300,000,000.
(B) Outlays, $39,000,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $43,300,000,000.
(B) Outlays, $38,100,000,000.
(C) New direct loan obligations, $16,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $43,900,000,000.
(B) Outlays, $36,800,000,000.
(C) New direct loan obligations, $16,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $44,600,000,000.
(B) Outlays, $33,900,000,000.
(C) New direct loan obligations, $17,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $45,300,000,000.
(B) Outlays, $33,800,000,000.
(C) New direct loan obligations, $17,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $46,100,000,000.
(B) Outlays, $33,700,000,000.
(C) New direct loan obligations, $18,000,000.
(D) New primary loan guarantee commitments $0.
(9) Community and Regional Development (450):
Fiscal year 1997:
(A) New budget authority, $11,000,000,000.
[[Page 1203]]
(B) Outlays, $11,200,000,000.
(C) New direct loan obligations, $1,230,000,000.
(D) New primary loan guarantee commitments $2,187,000,000.
Fiscal year 1998:
(A) New budget authority, $11,500,000,000.
(B) Outlays, $11,800,000,000.
(C) New direct loan obligations, $1,257,000,000.
(D) New primary loan guarantee commitments $2,229,000,000.
Fiscal year 1999:
(A) New budget authority, $2,000,000,000.
(B) Outlays, $12,200,000,000.
(C) New direct loan obligations, $1,287,000,000.
(D) New primary loan guarantee commitments $2,315,000,000.
Fiscal year 2000:
(A) New budget authority, $12,500,000,000.
(B) Outlays, $12,700,000,000.
(C) New direct loan obligations, $1,365,000,000.
(D) New primary loan guarantee commitments $2,369,000,000.
Fiscal year 2001:
(A) New budget authority, $13,700,000,000.
(B) Outlays, $13,100,000,000.
(C) New direct loan obligations, $1,404,000,000.
(D) New primary loan guarantee commitments $2,448,000,000.
Fiscal year 2002:
(A) New budget authority, $13,700,000,000.
(B) Outlays, $13,300,000,000.
(C) New direct loan obligations, $1,430,000,000.
(D) New primary loan guarantee commitments $2,496,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1997:
(A) New budget authority, $62,900,000,000.
(B) Outlays, $61,800,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments $15,469,000,000.
Fiscal year 1998:
(A) New budget authority, $64,900,000,000.
(B) Outlays, $63,700,000,000.
(C) New direct loan obligations, $69,700,000,000.
(D) New primary loan guarantee commitments $14,760,000,000.
Fiscal year 1999:
(A) New budget authority, $68,200,000,000.
(B) Outlays, $66,400,000,000.
(C) New direct loan obligations, $21,781,000,000.
(D) New primary loan guarantee commitments $13,854,000,000.
Fiscal year 2000:
(A) New budget authority, $70,500,000,000.
(B) Outlays, $68,700,000,000.
(C) New direct loan obligations, $22,884,000,000.
(D) New primary loan guarantee commitments $14,589,000,000.
Fiscal year 2001:
(A) New budget authority, $71,800,000,000.
(B) Outlays, $69,700,000,000.
(C) New direct loan obligations, $23,978,000,000.
(D) New primary loan guarantee commitments $15,319,000,000.
Fiscal year 2002:
(A) New budget authority, $73,000,000,000.
(B) Outlays, $71,100,000,000.
(C) New direct loan obligations, $25,127,000,000.
(D) New primary loan guarantee commitments $16,085,000,000.
(11) Health (550):
Fiscal year 1997:
(A) New budget authority, $140,900,000,000.
(B) Outlays, $140,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $187,000,000.
Fiscal year 1998:
(A) New budget authority, $154,200,000,000.
(B) Outlays, $153,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $94,000,000.
Fiscal year 1999:
(A) New budget authority, $168,300,000,000.
(B) Outlays, $167,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $183,000,000,000.
(B) Outlays, $182,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $198,800,000,000.
(B) Outlays, $198,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $215,500,000,000.
(B) Outlays, $214,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(12) Medicare (570):
Fiscal year 1997:
(A) New budget authority, $199,800,000,000.
(B) Outlays, $198,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $218,800,000,000.
(B) Outlays, $217,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $239,200,000,000.
(B) Outlays, $236,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $259,700,000,000.
(B) Outlays, $258,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $282,500,000,000.
(B) Outlays, $780,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $307,500,000,000.
(B) Outlays, $305,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(13) Income Security (600):
Fiscal year 1997:
(A) New budget authority, $236,700,000,000.
(B) Outlays, $244,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $253,700,000,000.
(B) Outlays, $255,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $261,400,000,000.
(B) Outlays, $267,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $282,000,000,000.
(B) Outlays, $281,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $283,200,000,000.
(B) Outlays, $287,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $305,200,000,000.
(B) Outlays, $302,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(14) Social Security (650):
Fiscal year 1997:
(A) New budget authority, $7,800,000,000.
(B) Outlays, $11,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $8,500,000,000.
(B) Outlays, $11,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $9,200,000,000.
(B) Outlays, $12,700,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $10,000,000,000.
(B) Outlays, $13,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $10,800,000,000.
(B) Outlays, $14,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $11,600,000,000.
(B) Outlays, $15,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1997:
(A) New budget authority, $39,600,000,000.
(B) Outlays, $40,300,000,000.
(C) New direct loan obligations, $935,000,000.
(D) New primary loan guarantee commitments $26,362,000,000.
Fiscal year 1998:
(A) New budget authority, $40,200,000,000.
(B) Outlays, $40,500,000,000.
(C) New direct loan obligations, $982,000.
(D) New primary loan guarantee commitments $25,925,000,000.
Fiscal year 1999:
(A) New budget authority, $42,100,000,000.
(B) Outlays, $42,200,000,000.
(C) New direct loan obligations, $987,000,000.
(D) New primary loan guarantee commitments $25,426,000,000.
Fiscal year 2000:
(A) New budget authority, $43,100,000,000.
(B) Outlays, $44,700,000,000.
(C) New direct loan obligations, $1,021,000,000.
(D) New primary loan guarantee commitments $24,883,000,000.
Fiscal year 2001:
(A) New budget authority, $44,000,000,000.
(B) Outlays, $42,800,000,000.
(C) New direct loan obligations, $1,189,000,000.
(D) New primary loan guarantee commitments $24,298,000,000.
[[Page 1204]]
Fiscal year 2002:
(A) New budget authority, $45,100,000,000.
(B) Outlays, $45,400,000,000.
(C) New direct loan obligations, $1,194,000,000.
(D) New primary loan guarantee commitments $23,668,000,000.
(16) Administration of Justice (750):
Fiscal year 1997:
(A) New budget authority, $23,400,000,000.
(B) Outlays, $21,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $24,500,000,000.
(B) Outlays, $24,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $25,400,000,000.
(B) Outlays, $24,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $25,500,000,000.
(B) Outlays, $25,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $24,700,000,000.
(B) Outlays, $25,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $24,100,000,000.
(B) Outlays, $24,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(17) General Government (800):
Fiscal year 1997:
(A) New budget authority, $15,300,000,000.
(B) Outlays, $14,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $14,900,000,000.
(B) Outlays, $14,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $14,700,000,000.
(B) Outlays, $14,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $14,700,000,000.
(B) Outlays, $14,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $15,100,000,000.
(B) Outlays, $14,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $15,400,000,000.
(B) Outlays, $15,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(18) Net Interest (900):
Fiscal year 1997:
(A) New budget authority, $281,400,000,000.
(B) Outlays, $281,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $285,600,000,000.
(B) Outlays, $285,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $287,300,000,000.
(B) Outlays, $287,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $286,800,000,000.
(B) Outlays, $286,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $289,500,000,000.
(B) Outlays, $289,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $293,500,000,000.
(B) Outlays, $293,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(19) Allowances (920):
Fiscal year 1997:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1997:
(A) New budget authority, -$43,300,000,000.
(B) Outlays, -$43,300,000,000.
(C) New direct loan obligations, $7,900,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, -$33,500,000,000.
(B) Outlays, -$33,500,000,000.
(C) New direct loan obligations, $8,838,000,000.
(D) New primary loan guarantee commitments $8,838,000,000.
Fiscal year 1999:
(A) New budget authority, -$31,100,000,000.
(B) Outlays, -$31,100,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, -$3,600,000,000.
(B) Outlays, -$3,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, -$32,600,000,000.
(B) Outlays, -$32,600,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, -$33,800,000,000.
(B) Outlays, -$33,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
SEC. 4. RECONCILIATION.
(a) Not later than June 21, 1996, the House committee named
in subsection (b) shall report its recommendations to the
House.
(b) The House Committee on Ways and Means shall report
changes in laws within its jurisdiction sufficient to
increase revenues by $40,500,000,000 in fiscal year 1997, by
$377,000,000,000 in fiscal years 1997 through 2001, and by
$486,600,000,000 in fiscal years 1997 through 2002.
SEC. 5. SENSE OF CONGRESS ON DOMESTIC VIOLENCE AND FEDERAL
ASSISTANCE.
(a) Findings.--Congress finds that--
(1) domestic violence is the leading cause of physical
injury to women; the Department of Justice estimates that
over one million violent crimes against women are committed
by intimate partners annually;
(2) domestic violence dramatically affects the victim's
ability to participate in the workforce; a University of
Minnesota survey reported that one-quarter of battered women
surveyed had lost a job partly because of being abused and
that over half of these women had been harassed by their
abuser at work;
(3) domestic violence is often intensified as women seek to
gain economic independence through attending school or
training programs; batterers have been reported to prevent
women from attending these programs or sabotage their efforts
at self-improvement;
(4) nationwide surveys of service providers prepared by the
Taylor Institute of Chicago, document, for the first time,
the interrelationship between domestic violence and welfare
by showing that between 50 percent and 80 percent of AFDC
recipients are current or past victims of domestic violence;
(5) over half of the women surveyed stayed with their
batterers because they lacked the resources to support
themselves and their children; the surveys also found that
the availability of economic support is a critical factor in
poor women's ability to leave abusive situations that
threaten them and their children; and
(6) proposals to restructure the welfare programs may
impact the availability of the economic support and the
safety net necessary to enable poor women to flee abuse
without risking homelessness and starvation for their
families.
(b) Sense of Congress.--It is the sense of Congress that--
(1) no welfare reform provision shall be enacted by
Congress unless and until Congress considers whether such
welfare reform provisions will exacerbate violence against
women and their children, further endanger women's lives,
make it more difficult for women to escape domestic violence,
or further punish women victimized by violence; and
(2) any welfare reform measure enacted by Congress shall
require that any welfare-to-work, education, or job placement
programs implemented by the States will address the impact of
domestic violence on welfare recipients.
[[Page 1205]]
SEC. 6. SENSE OF CONGRESS ON IMPACT OF LEGISLATION ON
CHILDREN.
(a) Sense of Congress.--It is the sense of Congress that
Congress should not adopt or enact any legislation that will
increase the number of children who are hungry, homeless,
poor, or medically uninsured.
(b) Legislative Accountability for Impact on Children.--In
the event legislation enacted to comply with this resolution
results in an increase in the number of hungry, homeless,
poor, or medically uninsured by the end of fiscal year 1997,
Congress shall revisit the provisions of such legislation
which caused such increase and shall, as soon as practicable
thereafter, adopt legislation which would halt any
continuation of such increase.
It was decided in the
Yeas
63
<3-line {>
negative
Nays
362
para.59.10 [Roll No. 176]
AYES--63
Becerra
Bishop
Bonior
Brown (FL)
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
DeFazio
Dellums
Dixon
Engel
Evans
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Gibbons
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E.B.
Johnston
Lewis (GA)
Markey
Martinez
McDermott
McKinney
Meek
Millender-McDonald
Moakley
Nadler
Oberstar
Owens
Payne (NJ)
Rangel
Rush
Sanders
Schroeder
Scott
Serrano
Stark
Stokes
Studds
Thompson
Torres
Velazquez
Waters
Watt (NC)
Waxman
Wynn
Yates
NOES--362
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Bevill
Burton
Chenoweth
Hayes
Molinari
Paxon
Talent
Towns
So the amendment in the nature of a substitute was not agreed to.
After some further time,
para.59.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. ORTON:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1997.
The Congress determines and declares that the concurrent
resolution on the budget for fiscal year 1997 is hereby
established and that the appropriate budgetary levels for
fiscal years 1998 through 2002 are hereby set forth.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years 1997, 1998, 1999, 2000, 2001, and 2002:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are as
follows:
Fiscal year 1997: $1,107,513,000,000.
Fiscal year 1998: $1,165,720,000,000.
Fiscal year 1999: $1,214,661,000,000.
Fiscal year 2000: $1,269,637,000,000.
Fiscal year 2001: $1,330,292,000,000.
Fiscal year 2002: $1,392,543,000,000.
(B) The amounts by which the aggregate levels of Federal
revenues should be changed are as follows:
Fiscal year 1997: $7,157,000,000.
Fiscal year 1998: $17,170,000,000.
Fiscal year 1999: $16,303,000,000.
Fiscal year 2000: $17,838,000,000.
Fiscal year 2001: $19,192,000,000.
Fiscal year 2002: $18,645,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new
budget authority are as follows:
Fiscal year 1997: $1,316,223,000,000.
Fiscal year 1998: $1,364,054,000,000.
Fiscal year 1999: $1,405,593,000,000.
Fiscal year 2000: $1,448,718,000,000.
Fiscal year 2001: $1,480,821,000,000.
Fiscal year 2002: $1,529,237,000,000.
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget
outlays are as follows:
Fiscal year 1997: $1,313,391,000,000.
Fiscal year 1998: $1,352,476,000,000.
Fiscal year 1999: $1,388,058,000,000.
Fiscal year 2000: $1,428,498,000,000.
Fiscal year 2001: $1,453,221,000,000.
Fiscal year 2002: $1,501,530,000,000.
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 1997: $205,878,000,000.
Fiscal year 1998: $186,756,000,000.
Fiscal year 1999: $173,397,000,000.
Fiscal year 2000: $158,861,000,000.
Fiscal year 2001: $122,929,000,000.
Fiscal year 2002: $108,987,000,000.
(5) Public debt.--The appropriate levels of the public debt
are as follows:
Fiscal year 1997: $5,417,500,000,000.
Fiscal year 1998: $5,651,100,000,000.
Fiscal year 1999: $5,864,000,000,000.
Fiscal year 2000: $6,058,600,000,000.
Fiscal year 2001: $6,212,600,000,000.
Fiscal year 2002: $6,344,300,000,000.
(6) Direct loan obligations.--The appropriate levels of
total new direct loan obligations are as follows:
Fiscal year 1997: $41,432,000,000.
Fiscal year 1998: $39,420,000,000.
Fiscal year 1999: $42,470,000,000.
Fiscal year 2000: $43,895,000,000.
Fiscal year 2001: $45,292,000,000.
Fiscal year 2002: $46,718,000,000.
(7) Primary loan guarantee commitments.--The appropriate
levels of new primary loan guarantee commitments are as
follows:
Fiscal year 1997: $267,340,000,000.
Fiscal year 1998: $266,819,000,000.
Fiscal year 1999: $266,088,000,000.
Fiscal year 2000: $267,079,000,000.
Fiscal year 2001: $267,982,000,000.
Fiscal year 2002: $269,051,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, and new primary loan guarantee commitments
for fiscal years 1996 through 2002 for each major functional
category are:
[[Page 1206]]
Fiscal year 1997:
(A) New budget authority, $259,235,000,000.
(B) Outlays, $262,484,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $800,000,000.
Fiscal year 1998:
(A) New budget authority, $263,733,000,000.
(B) Outlays, $259,351,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 1999:
(A) New budget authority, $267,996,000,000.
(B) Outlays, $261,560,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 2000:
(A) New budget authority, $273,082,000,000.
(B) Outlays, $267,858,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 2001:
(A) New budget authority, $272,300,000,000.
(B) Outlays, $265,703,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
Fiscal year 2002:
(A) New budget authority, $272,372,000,000.
(B) Outlays, $269,364,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $200,000,000.
(2) International Affairs (150):
Fiscal year 1997:
(A) New budget authority, $14,178,000,000.
(B) Outlays, $15,008,000,000.
(C) New direct loan obligations, $4,342,000,000.
(D) New primary loan guarantee commitments $18,251,000,000.
Fiscal year 1998:
(A) New budget authority, $12,682,000,000.
(B) Outlays, $13,566,000,000.
(C) New direct loan obligations, $4,417,000,000.
(D) New primary loan guarantee commitments $18,628,000,000.
Fiscal year 1999:
(A) New budget authority, $11,838,000,000.
(B) Outlays, $12,552,000,000.
(C) New direct loan obligations, $4,518,000,000.
(D) New primary loan guarantee commitments $19,030,000,000.
Fiscal year 2000:
(A) New budget authority, $12,749,000,000.
(B) Outlays, $11,461,000,000.
(C) New direct loan obligations, $4,618,000,000.
(D) New primary loan guarantee commitments $19,406,000,000.
Fiscal year 2001:
(A) New budget authority, $12,879,000,000.
(B) Outlays, $11,669,000,000.
(C) New direct loan obligations, $4,739,000,000.
(D) New primary loan guarantee commitments $19,858,000,000.
Fiscal year 2002:
(A) New budget authority, $13,124,000,000.
(B) Outlays, $11,727,000,000.
(C) New direct loan obligations, $4,891,000,000.
(D) New primary loan guarantee commitments $20,431,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 1997:
(A) New budget authority, $16,840,000,000.
(B) Outlays, $16,894,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $16,841,000,000.
(B) Outlays, $16,852,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $16,843,000,000.
(B) Outlays, $16,776,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $16,844,000,000.
(B) Outlays, $16,822,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $16,845,000,000.
(B) Outlays, $16,844,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $16,846,000,000.
(B) Outlays, $16,845,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(4) Energy (270):
Fiscal year 1997:
(A) New budget authority, $3,728,000,000.
(B) Outlays, $3,080,000,000.
(C) New direct loan obligations, $1,033,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $3,654,000,000.
(B) Outlays, $2,695,000,000.
(C) New direct loan obligations, $1,050,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $3,220,000,000.
(B) Outlays, $2,180,000,000.
(C) New direct loan obligations, $1,078,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $3,167,000,000.
(B) Outlays, $2,035,000,000.
(C) New direct loan obligations, $1,109,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $3,337,000,000.
(B) Outlays, $2,179,000,000.
(C) New direct loan obligations, $1,141,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $3,065,000,000.
(B) Outlays, $1,816,000,000.
(C) New direct loan obligations, $1,174,000,000.
(D) New primary loan guarantee commitments $0.
(5) Natural Resources and Environment (300):
Fiscal year 1997:
(A) New budget authority, $21,359,000,000.
(B) Outlays, $21,969,000,000.
(C) New direct loan obligations, $37,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $21,131,000,000.
(B) Outlays, $21,846,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $21,277,000,000.
(B) Outlays, $21,921,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $21,150,000,000.
(B) Outlays, $21,630,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $21,032,000,000.
(B) Outlays, $21,253,000,000.
(C) New direct loan obligations, $44,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $21,019,000,000.
(B) Outlays, $21,089,000,000.
(C) New direct loan obligations, $44,000,000.
(D) New primary loan guarantee commitments $0.
(6) Agriculture (350):
Fiscal year 1997:
(A) New budget authority, $12,617,000,000.
(B) Outlays, $10,778,000,000.
(C) New direct loan obligations, $7,810,000,000.
(D) New primary loan guarantee commitments $5,994,000,000.
Fiscal year 1998:
(A) New budget authority, $12,663,000,000.
(B) Outlays, $10,677,000,000.
(C) New direct loan obligations, $9,387,000,000.
(D) New primary loan guarantee commitments $6,765,000,000.
Fiscal year 1999:
(A) New budget authority, $12,481,000,000.
(B) Outlays, $10,529,000,000.
(C) New direct loan obligations, $10,808,000,000.
(D) New primary loan guarantee commitments $6,836,000,000.
Fiscal year 2000:
(A) New budget authority, $11,933,000,000.
(B) Outlays, $10,026,000,000.
(C) New direct loan obligations, $10,825,000,000.
(D) New primary loan guarantee commitments $6,909,000,000.
Fiscal year 2001:
(A) New budget authority, $10,889,000,000.
(B) Outlays, $9,081,000,000.
(C) New direct loan obligations, $10,708,000,000.
(D) New primary loan guarantee commitments $6,983,000,000.
Fiscal year 2002:
(A) New budget authority, $10,646,000,000.
(B) Outlays, $8,816,000,000.
(C) New direct loan obligations, $10,706,000,000.
(D) New primary loan guarantee commitments $7,060,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 1997:
(A) New budget authority, $7,928,000,000.
(B) Outlays, $826,000,000.
(C) New direct loan obligations, $1,910,000,000.
(D) New primary loan guarantee commitments
$198,096,000,000.
Fiscal year 1998:
(A) New budget authority, $9,878,000,000.
(B) Outlays, $5,381,000,000.
(C) New direct loan obligations, $1,900,000,000.
(D) New primary loan guarantee commitments
$198,218,000,000.
Fiscal year 1999:
(A) New budget authority, $10,622,000,000.
(B) Outlays, $5,713,000,000.
(C) New direct loan obligations, $1,954,000,000.
(D) New primary loan guarantee commitments
$198,427,000,000.
Fiscal year 2000:
(A) New budget authority, $12,421,000,000.
(B) Outlays, $6,686,000,000.
[[Page 1207]]
(C) New direct loan obligations, $2,015,000,000.
(D) New primary loan guarantee commitments
$198,723,000,000.
Fiscal year 2001:
(A) New budget authority, $11,984,000,000.
(B) Outlays, $7,198,000,000.
(C) New direct loan obligations, $2,072,000,000.
(D) New primary loan guarantee commitments
$198,876,000,000.
Fiscal year 2002:
(A) New budget authority, $12,325,000,000.
(B) Outlays, $7,837,000,000.
(C) New direct loan obligations, $2,134,000,000.
(D) New primary loan guarantee commitments
$199,111,000,000.
(8) Transportation (400):
Fiscal year 1997:
(A) New budget authority, $43,944,000,000.
(B) Outlays, $39,307,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $44,651,000,000.
(B) Outlays, $38,616,000,000.
(C) New direct loan obligations, $16,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $43,544,000,000.
(B) Outlays, $36,014,000,000.
(C) New direct loan obligations, $16,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $44,240,000,000.
(B) Outlays, $35,526,000,000.
(C) New direct loan obligations, $17,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $44,854,000,000.
(B) Outlays, $34,788,000,000.
(C) New direct loan obligations, $17,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $45,582,000,000.
(B) Outlays, $34,440,000,000.
(C) New direct loan obligations, $18,000,000.
(D) New primary loan guarantee commitments $0.
(9) Community and Regional Development (450):
Fiscal year 1997:
(A) New budget authority, $8,733,000,000.
(B) Outlays, $10,409,000,000.
(C) New direct loan obligations, $1,231,000,000.
(D) New primary loan guarantee commitments $2,181,000,000.
Fiscal year 1998:
(A) New budget authority, $8,268,000,000.
(B) Outlays, $10,024,000,000.
(C) New direct loan obligations, $1,257,000,000.
(D) New primary loan guarantee commitments $2,229,000,000.
Fiscal year 1999:
(A) New budget authority, $8,556,000,000.
(B) Outlays, $9,464,000,000.
(C) New direct loan obligations, $1,287,000,000.
(D) New primary loan guarantee commitments $2,315,000,000.
Fiscal year 2000:
(A) New budget authority, $8,621,000,000.
(B) Outlays, $9,163,000,000.
(C) New direct loan obligations, $1,365,000,000.
(D) New primary loan guarantee commitments $2,369,000,000.
Fiscal year 2001:
(A) New budget authority, $8,610,000,000.
(B) Outlays, $8,671,000,000.
(C) New direct loan obligations, $1,404,000,000.
(D) New primary loan guarantee commitments $2,448,000,000.
Fiscal year 2002:
(A) New budget authority, $8,498,000,000.
(B) Outlays, $8,149,000,000.
(C) New direct loan obligations, $1,430,000,000.
(D) New primary loan guarantee commitments $2,496,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1997:
(A) New budget authority, $53,099,000,000.
(B) Outlays, $51,302,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments $15,469,000,000.
Fiscal year 1998:
(A) New budget authority, $54,914,000,000.
(B) Outlays, $53,764,000,000.
(C) New direct loan obligations, $19,040,000,000.
(D) New primary loan guarantee commitments $14,760,000,000.
Fiscal year 1999:
(A) New budget authority, $56,631,000,000.
(B) Outlays, $55,520,000,000.
(C) New direct loan obligations, $21,781,000,000.
(D) New primary loan guarantee commitments $13,854,000,000.
Fiscal year 2000:
(A) New budget authority, $57,968,000,000.
(B) Outlays, $56,675,000,000.
(C) New direct loan obligations, $22,884,000,000.
(D) New primary loan guarantee commitments $14,589,000,000.
Fiscal year 2001:
(A) New budget authority, $59,496,000,000.
(B) Outlays, $57,975,000,000.
(C) New direct loan obligations, $23,978,000,000.
(D) New primary loan guarantee commitments $15,319,000,000.
Fiscal year 2002:
(A) New budget authority, $61,089,000,000.
(B) Outlays, $59,302,000,000.
(C) New direct loan obligations, $25,127,000,000.
(D) New primary loan guarantee commitments $16,085,000,000.
(11) Health (550):
Fiscal year 1997:
(A) New budget authority, $130,271,000,000.
(B) Outlays, $129,859,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $187,000,000.
Fiscal year 1998:
(A) New budget authority, $137,102,000,000.
(B) Outlays, $136,870,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $94,000,000,000.
Fiscal year 1999:
(A) New budget authority, $146,449,000,000.
(B) Outlays, $146,486,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $155,462,000,000.
(B) Outlays, $155,232,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $163,952,000,000.
(B) Outlays, $163,535,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $174,717,000,000.
(B) Outlays, $174,167,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(12) Medicare (570):
Fiscal year 1997:
(A) New budget authority, $191,735,000,000.
(B) Outlays, $190,051,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $205,671,000,000.
(B) Outlays, $203,946,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $219,739,000,000.
(B) Outlays, $217,467,000,000.
(C) New direct loan obligations, $0
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $233,083,000,000.
(B) Outlays, $231,334,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $249,351,000,000.
(B) Outlays, $247,617,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $266,091,000,000.
(B) Outlays, $263,690,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(13) Income Security (600):
Fiscal year 1997:
(A) New budget authority, $231,135,000,000.
(B) Outlays, $238,848,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $243,312,000,000.
(B) Outlays, $247,097,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $252,613,000,000.
(B) Outlays, $256,017,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $266,923,000,000.
(B) Outlays, $268,708,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $273,393,000,000.
(B) Outlays, $273,190,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $288,716,000,000.
(B) Outlays, $286,757,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(14) Social Security (650):
Fiscal year 1997:
(A) New budget authority, $7,813,000,000.
(B) Outlays, $11,001,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $8,477,000,000.
(B) Outlays, $11,664,000,000.
(C) New direct loan obligations, $0.
[[Page 1208]]
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $9,220,000,000.
(B) Outlays, $12,369,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $9,980,000,000.
(B) Outlays, $13,129,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $10,776,000,000.
(B) Outlays, $13,925,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $11,608,000,000.
(B) Outlays, $14,757,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1997:
(A) New budget authority, $39,074,000,000.
(B) Outlays, $39,570,000,000.
(C) New direct loan obligations, $935,000,000.
(D) New primary loan guarantee commitments $26,362,000,000.
Fiscal year 1998:
(A) New budget authority, $38,910,000,000.
(B) Outlays, $39,387,000,000.
(C) New direct loan obligations, $962,000,000.
(D) New primary loan guarantee commitments $25,925,000,000.
Fiscal year 1999:
(A) New budget authority, $39,420,000,000.
(B) Outlays, $39,603,000,000.
(C) New direct loan obligations, $987,000,000.
(D) New primary loan guarantee commitments $25,426,000,000.
Fiscal year 2000:
(A) New budget authority, $39,548,000,000.
(B) Outlays, $41,235,000,000.
(C) New direct loan obligations, $1,021,000,000.
(D) New primary loan guarantee commitments $24,883,000,000.
Fiscal year 2001:
(A) New budget authority, $39,803,000,000.
(B) Outlays, $38,655,000,000.
(C) New direct loan obligations, $1,189,000,000.
(D) New primary loan guarantee commitments $24,298,000,000.
Fiscal year 2002:
(A) New budget authority, $40,005,000,000.
(B) Outlays, $40,268,000,000.
(C) New direct loan obligations, $1,194,000,000.
(D) New primary loan guarantee commitments $23,668,000,000.
(16) Administration of Justice (750):
Fiscal year 1997:
(A) New budget authority, $22,127,000,000.
(B) Outlays, $19,930,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $22,302,000,000.
(B) Outlays, $21,162,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $23,186,000,000.
(B) Outlays, $22,241,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $23,235,000,000.
(B) Outlays, $22,944,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $22,119,000,000.
(B) Outlays, $22,461,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $22,143,000,000.
(B) Outlays, $22,085,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(17) General Government (800):
Fiscal year 1997:
(A) New budget authority, $13,655,000,000.
(B) Outlays, $13,362,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $13,661,000,000.
(B) Outlays, $13,522,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $13,311,000,000.
(B) Outlays, $13,299,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $13,149,000,000.
(B) Outlays, $13,346,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $13,086,000,000.
(B) Outlays, $13,046,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $13,147,000,000.
(B) Outlays, $13,104,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(18) Net Interest (900):
Fiscal year 1997:
(A) New budget authority, $282,011,000,000.
(B) Outlays, $281,971,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $287,083,000,000.
(B) Outlays, $286,933,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, $289,332,000,000.
(B) Outlays, $289,032,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, $289,637,000,000.
(B) Outlays, $289,162,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, $292,873,000,000.
(B) Outlays, $292,190,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, $297,178,000,000.
(B) Outlays, $296,252,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(19) Allowances (920):
Fiscal year 1997:
(A) New budget authority, -$0.
(B) Outlays, -$0.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, -$6,000,000,000.
(B) Outlays, -$6,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, -$7,000,000,000.
(B) Outlays, -$7,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, -$8,500,000,000.
(B) Outlays, -$8,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, -$9,000,000,000.
(B) Outlays, -$9,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, -$9,500,000,000.
(B) Outlays, -$9,500,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1997:
(A) New budget authority, -$43,258,000,000.
(B) Outlays, -$43,258,000,000.
(C) New direct loan obligations, $7,900,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, -$34,878,000,000.
(B) Outlays, -$34,878,000,000.
(C) New direct loan obligations, $1,350,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1999:
(A) New budget authority, -$33,685,000,000.
(B) Outlays, -$33,685,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2000:
(A) New budget authority, -$35,974,000,000.
(B) Outlays, -$35,974,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2001:
(A) New budget authority, -$37,759,000,000.
(B) Outlays, -$37,759,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 2002:
(A) New budget authority, -$39,435,000,000.
(B) Outlays, -$39,435,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
SEC. 4. RECONCILIATION.
(a) Not later than June 21, 1996, the House committees
named in subsection (b) shall submit their recommendations to
the House Committee on the Budget. After receiving those
recommendations, the House Committee on the Budget shall
report to the House a reconciliation bill carrying out all
such recommendations without any substantive revision.
[[Page 1209]]
(b)(1) The House Committee on Agriculture shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows:
$2,082,000,000 in outlays for fiscal year 1997,
$15,117,000,000 in outlays in fiscal years 1997 through 2001,
and $18,852,000,000 in outlays in fiscal years 1997 through
2002.
(2) The House Committee on Banking and Financial Services
shall report changes in laws within its jurisdiction that
provide direct spending sufficient to reduce outlays, as
follows: $367,000,000 in outlays for fiscal year 1997,
$2,428,000,000 in outlays in fiscal years 1997 through 2001,
and $3,026,000,000 in outlays in fiscal years 1997 through
2002.
(3) The House Committee on Commerce shall report changes in
laws within its jurisdiction that provide direct spending
sufficient to reduce outlays, as follows: $10,717,000,000 in
outlays for fiscal year 1997, $158,844,000,000 in outlays in
fiscal years 1997 through 2001, and $226,598,000,000 in
outlays in fiscal years 1997 through 2002.
(4) The House Committee on Economic and Educational
Opportunities shall report changes in laws within its
jurisdiction that provide direct spending sufficient to
reduce outlays, as follows: $220,000,000 in outlays for
fiscal year 1997, $2,454,000,000 in outlays in fiscal years
1997 through 2001, and $3,198,000,000 in outlays in fiscal
years 1997 through 2002.
(5) The House Committee on Government Reform and Oversight
shall report changes in laws within its jurisdiction that
provide direct spending sufficient to reduce outlays, as
follows: $2,600,000,000 in outlays for fiscal year 1997,
$40,278,000,000 in outlays in fiscal years 1997 through 2001,
and $50,900,000,000 in outlays in fiscal years 1997 through
2002.
(6) The House Committee on the Judiciary shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows: $0 in
outlays for fiscal year 1997,
$357,000,000 in outlays in fiscal years 1997 through 2001,
and $476,000,000 in outlays in fiscal years 1997 through
2002.
(7) The House Committee on National Security shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows:
$84,000,000 in outlays for fiscal year 1997, $493,000,000 in
outlays in fiscal years 1997 through 2001, and $649,000,000
in outlays in fiscal years 1997 through 2002.
(8) The House Committee on Resources shall report changes
in laws within its jurisdiction that provide direct spending
sufficient to reduce outlays, as follows: $74,000,000 in
outlays for fiscal year 1997, $308,000,000 in outlays in
fiscal years 1997 through 2001, and $332,000,000 in outlays
in fiscal years 1997 through 2002.
(9) The House Committee on Transportation and
Infrastructure shall report changes in laws within its
jurisdiction that provide direct spending sufficient to
reduce outlays, as follows: $19,000,000 in outlays for fiscal
year 1997, $810,000,000 in outlays in fiscal years 1997
through 2001, and $885,000,000 in outlays in fiscal years
1997 through 2002.
(10) The House Committee on Veterans' Affairs shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows:
$117,000,000 in outlays for fiscal year 1997, $2,378,000,000
in outlays in fiscal years 1997 through 2001, and
$3,232,000,000 in outlays in fiscal years 1997 through 2002.
(11) The House Committee on Ways and Means shall report
changes in laws within its jurisdiction sufficient to reduce
the deficit, as follows: by $14,766,000,000 in fiscal year
1997, by $172,990,000,000 in fiscal years 1997 through 2001,
and by $231,595,000,000 in fiscal years 1997 through 2002.
(c) Definition.--For purposes of this section, the term
``direct spending'' has the meaning given to such term in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 5. SENSE OF CONGRESS ON DOMESTIC VIOLENCE AND FEDERAL
ASSISTANCE.
(a) Findings.--Congress finds that--
(1) domestic violence is the leading cause of physical
injury to women; the Department of Justice estimates that
over one million violent crimes against women are committed
by intimate partners annually;
(2) domestic violence dramatically affects the victim's
ability to participate in the workforce; a University of
Minnesota survey reported that one-quarter of battered women
surveyed had lost a job partly because of being abused and
that over half of these women had been harassed by their
abuser at work;
(3) domestic violence is often intensified as women seek to
gain economic independence through attending school or
training programs; batterers have been reported to prevent
women from attending these programs or sabotage their efforts
at self-improvement;
(4) nationwide surveys of service providers prepared by the
Taylor Institute of Chicago, document, for the first time,
the interrelationship between domestic violence and welfare
by showing that between 50 percent and 80 percent of AFDC
recipients are current or past victims of domestic violence;
(5) over half of the women surveyed stayed with their
batterers because they lacked the resources to support
themselves and their children; the surveys also found that
the availability of economic support is a critical factor in
poor women's ability to leave abusive situations that
threaten them and their children; and
(6) proposals to restructure the welfare programs may
impact the availability of the economic support and the
safety net necessary to enable poor women to flee abuse
without risking homelessness and starvation for their
families.
(b) Sense of Congress.--It is the sense of Congress that--
(1) no welfare reform provision shall be enacted by
Congress unless and until Congress considers whether such
welfare reform provisions will exacerbate violence against
women and their children, further endanger women's lives,
make it more difficult for women to escape domestic violence,
or further punish women victimized by violence; and
(2) any welfare reform measure enacted by Congress shall
require that any welfare-to-work, education, or job placement
programs implemented by the States will address the impact of
domestic violence on welfare recipients.
SEC. 6. SENSE OF CONGRESS ON IMPACT OF LEGISLATION ON
CHILDREN.
(a) Sense of Congress.--It is the sense of Congress that
Congress should not adopt or enact any legislation that will
increase the number of children who are hungry, homeless,
poor, or medically uninsured.
(b) Legislative Accountability for Impact on Children.--In
the event legislation enacted to comply with this resolution
results in an increase in the number of hungry, homeless,
poor, or medically uninsured by the end of fiscal year 1997,
Congress shall revisit the provisions of such legislation
which caused such increase and shall, as soon as practicable
thereafter, adopt legislation which would halt any
continuation of such increase.
SEC. 7. SENSE OF CONGRESS REGARDING TAX CUTS.
It is the sense of Congress that changes in tax laws which
promote job creation, economic growth, and increased savings
and investment should be enacted and be offset by changes
which close tax loopholes and eliminate corporate welfare.
SEC. 8. SENSE OF CONGRESS REGARDING THE DEBT.
It is the sense of Congress that eliminating the deficit by
producing a balanced budget is only the first step toward the
ultimate goal of reducing and eventually eliminating the
public debt.
SEC. 9. SENSE OF CONGRESS REGARDING TRUST FUND SURPLUSES.
It is the sense of Congress that--
(2) all recent-year Federal budgets, as well as both fiscal
year 1996 budget resolutions reported out by the Committees
on the Budget of the House of Representatives and the Senate,
have masked the magnitude of annual deficits by counting
various trust fund surpluses; and
(2) upon reaching a balance in the Federal budget, the
Government should move toward balance without consideration
of trust fund surpluses.
SEC. 10. SENSE OF CONGRESS REGARDING BALANCED BUDGET
ENFORCEMENT.
It is the sense of Congress that, in order to ensure that a
balanced budget is achieved by fiscal year 2002 and that the
budget remains in balance thereafter, title XIV of H.R. 2530
establishing strict budget enforcement mechanisms should be
enacted. Such language would--
(1) require the Federal Government to reach a balanced
Federal budget by fiscal year 2002 and remain in balance
thereafter;
(2) establish procedures for developing honest, accurate,
and accepted budget estimates;
(3) require that the President propose annual budgets that
would achieve a balanced Federal budget by fiscal year 2002
and for each year thereafter, using accurate assumptions;
(4) require the Committees on the Budget of the House of
Representatives and the Senate to report budget resolutions
that achieve a balanced Federal budget by fiscal year 2002
and for each year thereafter, using accurate assumptions; and
(5) require Congress and the President to take action if
the deficit targets in this resolution are not met.
SEC. 11. SENSE OF CONGRESS REGARDING MEDICARE REFORM.
It is the sense of Congress that any legislation reforming
medicare should reflect the policies and distribution of
savings contained in H.R. 2530. Specifically, that
legislation should--
(1) reform policies for medicare risk contracting to expand
the choice of private options available to all medicare
beneficiaries, including individuals in rural areas;
(2) contain regulatory reforms to facilitate the creation
of provider-sponsored networks;
(3) contain reasonable reductions in the growth of payments
to providers that do not threaten the availability or quality
of care;
(4) require higher income medicare beneficiaries to pay a
greater portion of medicare premiums without establishing a
new bureaucracy for the collection of premiums;
(5) expand coverage of preventive benefits under medicare;
(6) provide a demonstration project for Medical Savings
Accounts for medicare beneficiaries; and
(7) prohibit managed care plans from charging medicare
beneficiaries additional premiums beyond the part B premium.
SEC. 12. SENSE OF CONGRESS REGARDING MEDICAID REFORM.
It is the sense of Congress that any legislation changing
the medicaid program pursuant to this resolution should--
(1) continue guaranteed coverage for low-income children,
pregnant women, the elderly, and the disabled;
[[Page 1210]]
(2) continue the guarantee of an adequate benefits package
for all medicaid beneficiaries;
(3) provide States with greater flexibility in the delivery
of services and administration of the program;
(4) contain a financing mechanism in which the Federal
Government fully shares in changes in program costs resulting
from changes in caseload;
(5) require States to maintain current levels of financial
effort to preserve the current joint Federal-State
partnership in meeting the costs of this program;
(6) continue current restrictions on the use of provider
taxes and donations and other illusory State financing
schemes;
(7) continue Federal minimum standards for nursing homes;
(8) continue Federal rules that prevent wives or husbands
from being required to impoverish themselves in order to
obtain and keep medicaid benefits for their spouse requiring
nursing home care; and
(9) continue coverage of medicaid premiums and cost sharing
for low-income seniors.
SEC. 13. SENSE OF CONGRESS REGARDING WELFARE REFORM.
It is the sense of Congress that any legislation reforming
welfare programs pursuant to this resolution should--
(1) impose tough work requirements on able-bodied
recipients;
(2) provide sufficient resources for job training, child
care, and other programs necessary to help welfare recipients
make the transition from welfare to work;
(3) require States to maintain levels of financial support
sufficient to operate an effective program;
(4) contain effective counter-cyclical mechanisms to assist
States facing economic downturns or increases in population;
(5) include provisions holding States accountable for the
use of Federal funds and the effectiveness of State programs;
(6) contain strong child support provisions; and
(7) maintain the integrity of the food stamp program as a
national safety net.
It was decided in the
Yeas
130
<3-line {>
negative
Nays
295
para.59.12 [Roll No. 177]
AYES--130
Andrews
Baesler
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Barton
Beilenson
Bentsen
Bereuter
Bevill
Bishop
Blute
Brewster
Browder
Brown (CA)
Brown (FL)
Campbell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (MI)
Condit
Cramer
Davis
de la Garza
Dicks
Dingell
Doggett
Dooley
Doyle
Duncan
Eshoo
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Furse
Geren
Gibbons
Gordon
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kennelly
Klug
LaFalce
LaHood
Lantos
Leach
Lincoln
Lofgren
Luther
Martinez
Matsui
McCarthy
McDade
McDermott
McHale
McKinney
Meehan
Meek
Metcalf
Millender-McDonald
Minge
Montgomery
Moran
Morella
Murtha
Oberstar
Olver
Ortiz
Orton
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pomeroy
Porter
Poshard
Richardson
Rivers
Roemer
Rose
Roukema
Sabo
Sawyer
Schroeder
Scott
Sisisky
Skaggs
Skelton
Spratt
Stenholm
Stokes
Studds
Tanner
Tauzin
Taylor (MS)
Thompson
Towns
Vento
Visclosky
Volkmer
Wamp
Ward
Watt (NC)
Wilson
Wise
Wynn
Young (AK)
NOES--295
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Bartlett
Bass
Bateman
Becerra
Berman
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Conyers
Cooley
Costello
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dixon
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards
Ehrlich
Emerson
Engel
English
Ensign
Evans
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Maloney
Manton
Manzullo
Markey
Martini
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Meyers
Mica
Mink
Moakley
Mollohan
Moorhead
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Owens
Oxley
Packard
Pallone
Parker
Pastor
Pelosi
Petri
Pickett
Pombo
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stark
Stearns
Stockman
Stump
Stupak
Tate
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vucanovich
Walker
Walsh
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Woolsey
Yates
Young (FL)
Zeliff
Zimmer
NOT VOTING--8
Ehlers
Ford
Hayes
Miller (CA)
Miller (FL)
Molinari
Paxon
Talent
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. KOLBE, assumed the Chair.
para.59.13 message from the president
A message in writing from the President of the United States was
communicated to the House by Edwin Thomas, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
para.59.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. SABO:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1997.
The Congress determines and declares that the concurrent
resolution on the budget for fiscal year 1997 is hereby
established and that the appropriate budgetary levels for
fiscal years 1998 through 2002 are hereby set forth.
SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years 1997, 1998, 1999, 2000, 2001, and 2002:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are as
follows:
Fiscal year 1997: $1,092,400,000,000.
Fiscal year 1998: $1,146,400,000,000.
Fiscal year 1999: $1,195,600,000,000.
Fiscal year 2000: $1,244,600,000,000.
Fiscal year 2001: $1,309,400,000,000.
Fiscal year 2002: $1,389,900,000,000.
(B) The amounts by which the aggregate levels of Federal
revenues should be changed are as follows:
Fiscal year 1997: -$7,929,000,000.
Fiscal year 1998: -$2,150,000,000.
Fiscal year 1999: -$2,741,000,000.
Fiscal year 2000: -$7,219,000,000.
Fiscal year 2001: -$1,721,000,000.
Fiscal year 2002: $16,024,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new
budget authority are as follows:
Fiscal year 1997: $1,325,000,000,000.
Fiscal year 1998: $1,374,600,000,000.
Fiscal year 1999: $1,413,100,000,000.
Fiscal year 2000: $1,454,700,000,000.
Fiscal year 2001: $1,496,300,000,000.
Fiscal year 2002: $1,528,300,000,000.
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget
outlays are as follows:
Fiscal year 1997: $1,321,000,000,000.
[[Page 1211]]
Fiscal year 1998: $1,375,700,000,000.
Fiscal year 1999: $1,408,100,000,000.
Fiscal year 2000: $1,447,200,000,000.
Fiscal year 2001: $1,466,100,000,000.
Fiscal year 2002: $1,498,400,000,000.
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 1997: $228,500,000,000.
Fiscal year 1998: $229,300,000,000.
Fiscal year 1999: $212,400,000,000.
Fiscal year 2000: $202,600,000,000.
Fiscal year 2001: $156,700,000,000.
Fiscal year 2002: $108,500,000,000.
(5) Public debt.--The appropriate levels of the public debt
are as follows:
Fiscal year 1997: $5,441,500,000,000.
Fiscal year 1998: $5,713,700,000,000.
Fiscal year 1999: $5,964,900,000,000.
Fiscal year 2000: $6,204,600,000,000.
Fiscal year 2001: $6,395,300,000,000.
Fiscal year 2002: $6,542,900,000,000.
(6) Direct loan obligations.--The appropriate levels of
total new direct loan obligations are as follows:
Fiscal year 1997: $45,451,000,000.
(7) Primary loan guarantee commitments.--The appropriate
levels of new primary loan guarantee commitments are as
follows:
Fiscal year 1997: $172,005,000,000.
SEC. 3. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, and new primary loan guarantee commitments
for fiscal years 1996 through 2002 for each major functional
category are:
(1) National Defense (050):
Fiscal year 1997:
(A) New budget authority, $254,300,000,000.
(B) Outlays, $260,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $229,000,000.
Fiscal year 1998:
(A) New budget authority, $258,500,000,000.
(B) Outlays, $256,300,000,000.
Fiscal year 1999:
(A) New budget authority, $263,800,000,000.
(B) Outlays, $257,800,000,000.
Fiscal year 2000:
(A) New budget authority, $270,300,000,000.
(B) Outlays, $263,300,000,000.
Fiscal year 2001:
(A) New budget authority, $279,400,000,000.
(B) Outlays, $266,600,000,000.
Fiscal year 2002:
(A) New budget authority, $287,800,000,000.
(B) Outlays, $278,200,000,000.
(2) International Affairs (150):
Fiscal year 1997:
(A) New budget authority, $15,300,000,000.
(B) Outlays, $15,700,000,000.
(C) New direct loan obligations, $4,067,000,000.
(D) New primary loan guarantee commitments $18,624,000,000.
Fiscal year 1998:
(A) New budget authority, $14,500,000,000.
(B) Outlays, $14,900,000,000.
Fiscal year 1999:
(A) New budget authority, $13,900,000,000.
(B) Outlays, $14,500,000,000.
Fiscal year 2000:
(A) New budget authority, $14,300,000,00.
(B) Outlays, $13,600,000,000.
Fiscal year 2001:
(A) New budget authority, $15,600,000,000.
(B) Outlays, $14,100,000,000.
Fiscal year 2002:
(A) New budget authority, $17,100,000,000.
(B) Outlays, $14,900,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 1997:
(A) New budget authority, $17,900,000,000.
(B) Outlays, $16,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $16,100,000,000.
(B) Outlays, $16,600,000,000.
Fiscal year 1999:
(A) New budget authority, $15,300,000,000.
(B) Outlays, $16,000,000,000.
Fiscal year 2000:
(A) New budget authority, $14,600,000,000.
(B) Outlays, $15,100,000,000.
Fiscal year 2001:
(A) New budget authority, $15,800,000,000.
(B) Outlays, $15,500,000,000.
Fiscal year 2002:
(A) New budget authority, $17,200,000,000.
(B) Outlays, $16,600,000,000.
(4) Energy (270):
Fiscal year 1997:
(A) New budget authority, $3,200,000,000.
(B) Outlays, $3,100,000,000.
(C) New direct loan obligations, $1,620,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $3,700,000,000.
(B) Outlays, $2,700,000,000.
Fiscal year 1999:
(A) New budget authority, $3,000,000,000.
(B) Outlays, $2,300,000,000.
Fiscal year 2000:
(A) New budget authority, $2,700,000,000.
(B) Outlays, $1,900,000,000.
Fiscal year 2001:
(A) New budget authority, $3,300,000,000.
(B) Outlays, $2,100,000,000.
Fiscal year 2002:
(A) New budget authority, $3,600,000,000.
(B) Outlays, $2,100,000,000.
(5) Natural Resources and Environment (300):
Fiscal year 1997:
(A) New budget authority, $21,900,000,000.
(B) Outlays, $22,200,000,000.
(C) New direct loan obligations, $36,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $21,600,000,000.
(B) Outlays, $22,300,000,000.
Fiscal year 1999:
(A) New budget authority, $21,400,000,000.
(B) Outlays, $22,100,000,000.
Fiscal year 2000:
(A) New budget authority, $20,900,000,000.
(B) Outlays, $21,500,000,000.
Fiscal year 2001:
(A) New budget authority, $21,800,000,000.
(B) Outlays, $21,800,000,000.
Fiscal year 2002:
(A) New budget authority, $23,000,000,000.
(B) Outlays, $22,600,000,000.
(6) Agriculture (350):
Fiscal year 1997:
(A) New budget authority, $13,000,000,000.
(B) Outlays, $11,100,000,000.
(C) New direct loan obligations, $7,605,000,000.
(D) New primary loan guarantee commitments, $8,150,000,000.
Fiscal year 1998:
(A) New budget authority, $12,600,000,000.
(B) Outlays, $10,700,000,000.
Fiscal year 1999:
(A) New budget authority, $12,100,000,000.
(B) Outlays, $10,200,000,000.
Fiscal year 2000:
(A) New budget authority, $11,200,000,000.
(B) Outlays, $9,400,000,000.
Fiscal year 2001:
(A) New budget authority, $10,600,000,000.
(B) Outlays, $8,700,000,000.
Fiscal year 2002:
(A) New budget authority, $10,800,000,000.
(B) Outlays, $8,900,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 1997:
(A) New budget authority, $8,600,000,000.
(B) Outlays, $1,900,000,000.
(C) New direct loan obligations, $5,536,000,000.
(D) New primary loan guarantee commitments $97,707,000,000.
Fiscal year 1998:
(A) New budget authority, $10,300,000,000.
(B) Outlays, $6,500,000,000.
Fiscal year 1999:
(A) New budget authority, $11,200,000,000.
(B) Outlays, $6,800,000,000.
Fiscal year 2000:
(A) New budget authority, $12,900,000,000.
(B) Outlays, $8,100,000,000.
Fiscal year 2001:
(A) New budget authority, $12,100,000,000.
(B) Outlays, $8,200,000,000.
Fiscal year 2002:
(A) New budget authority, $12,800,000,000.
(B) Outlays, $8,500,000,000.
(8) Transportation (400):
Fiscal year 1997:
(A) New budget authority, $42,200,000,000.
(B) Outlays, $39,600,000,000.
(C) New direct loan obligations, $415,000,000.
(D) New primary loan guarantee commitments $571,000,000.
Fiscal year 1998:
(A) New budget authority, $36,200,000,000.
(B) Outlays, $38,600,000,000.
Fiscal year 1999:
(A) New budget authority, $33,200,000,000.
(B) Outlays, $36,900,000,000.
Fiscal year 2000:
(A) New budget authority, $30,900,000,000.
(B) Outlays, $34,600,000,000.
Fiscal year 2001:
(A) New budget authority, $34,200,000,000.
(B) Outlays, $33,700,000,000.
Fiscal year 2002:
(A) New budget authority, $37,900,000,000.
(B) Outlays, $35,300,000,000.
(9) Community and Regional Development (450):
Fiscal year 1997:
(A) New budget authority, $9,200,000,000.
(B) Outlays, $10,600,000,000.
(C) New direct loan obligations, $1,952,000,000.
(D) New primary loan guarantee commitments $2,885,000,000.
Fiscal year 1998:
(A) New budget authority, $8,800,000,000.
(B) Outlays, $10,300,000,000.
Fiscal year 1999:
(A) New budget authority, $8,300,000,000.
(B) Outlays, $9,900,000,000.
Fiscal year 2000:
(A) New budget authority, $7,800,000,000.
(B) Outlays, $9,300,000,000.
Fiscal year 2001:
(A) New budget authority, $8,700,000,000.
(B) Outlays, $8,700,000,000.
Fiscal year 2002:
(A) New budget authority, $9,400,000,000.
(B) Outlays, $8,300,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1997:
(A) New budget authority, $53,300,000,000.
(B) Outlays, $51,300,000,000.
(C) New direct loan obligations, $21,770,000,000.
(D) New primary loan guarantee commitments $19,114,000,000.
Fiscal year 1998:
(A) New budget authority, $54,500,000,000.
(B) Outlays, $53,700,000,000.
Fiscal year 1999:
(A) New budget authority, $56,300,000,000.
(B) Outlays, $55,000,000,000.
Fiscal year 2000:
(A) New budget authority, $58,000,000,000.
(B) Outlays, $56,700,000,000.
Fiscal year 2001:
(A) New budget authority, $60,700,000,000.
(B) Outlays, $58,900,000,000.
[[Page 1212]]
Fiscal year 2002:
(A) New budget authority, $63,400,000,000.
(B) Outlays, $61,400,000,000.
(11) Health (550):
Fiscal year 1997:
(A) New budget authority, $136,900,000,000.
(B) Outlays, $136,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $140,000,000.
Fiscal year 1998:
(A) New budget authority, $144,400,000,000.
(B) Outlays, $144,800,000,000.
Fiscal year 1999:
(A) New budget authority, $151,200,000,000.
(B) Outlays, $151,700,000,000.
Fiscal year 2000:
(A) New budget authority, $158,800,000,000.
(B) Outlays, $159,100,000,000.
Fiscal year 2001:
(A) New budget authority, $164,900,000,000.
(B) Outlays, $163,900,000,000.
Fiscal year 2002:
(A) New budget authority, $176,100,000,000.
(B) Outlays, $174,600,000,000.
(12) Medicare (570):
Fiscal year 1997:
(A) New budget authority, $193,100,000,000.
(B) Outlays, $191,400,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $209,300,000,000.
(B) Outlays, $207,600,000,000.
Fiscal year 1999:
(A) New budget authority, $222,600,000,000.
(B) Outlays, $220,300,000,000.
Fiscal year 2000:
(A) New budget authority, $236,600,000,000.
(B) Outlays, $234,800,000,000.
Fiscal year 2001:
(A) New budget authority, $252,700,000,000.
(B) Outlays, $250,900,000,000.
Fiscal year 2002:
(A) New budget authority, $272,300,000,000.
(B) Outlays, $269,900,000,000.
(13) Income Security (600):
Fiscal year 1997:
(A) New budget authority, $231,600,000,000.
(B) Outlays, $239,000,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $37,000,000.
Fiscal year 1998:
(A) New budget authority, $244,100,000,000.
(B) Outlays, $247,100,000,000.
Fiscal year 1999:
(A) New budget authority, $255,600,000,000.
(B) Outlays, $256,600,000,000.
Fiscal year 2000:
(A) New budget authority, $271,300,000,000.
(B) Outlays, $270,700,000,000.
Fiscal year 2001:
(A) New budget authority, $280,000,000,000.
(B) Outlays, $277,800,000,000.
Fiscal year 2002:
(A) New budget authority, $296,600,000,000.
(B) Outlays, $292,900,000,000.
(14) Social Security (650):
Fiscal year 1997:
(A) New budget authority, $7,800,000,000.
(B) Outlays, $10,900,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $8,500,000,000.
(B) Outlays, $11,600,000,000.
Fiscal year 1999:
(A) New budget authority, $9,200,000,000.
(B) Outlays, $12,300,000,000.
Fiscal year 2000:
(A) New budget authority, $10,000,000,000.
(B) Outlays, $13,000,000,000.
Fiscal year 2001:
(A) New budget authority, $10,800,000,000.
(B) Outlays, $13,900,000,000.
Fiscal year 2002:
(A) New budget authority, $11,600,000,000.
(B) Outlays, $14,800,000,000.
(15) Veterans Benefits and Services (700):
Fiscal year 1997:
(A) New budget authority, $39,000,000,000.
(B) Outlays, $39,600,000,000.
(C) New direct loan obligations, $2,344,000,000.
(D) New primary loan guarantee commitments $24,548,000,000.
Fiscal year 1998:
(A) New budget authority, $37,900,000,000.
(B) Outlays, $38,700,000,000.
Fiscal year 1999:
(A) New budget authority, $36,600,000,000.
(B) Outlays, $37,000,000,000.
Fiscal year 2000:
(A) New budget authority, $35,200,000,000.
(B) Outlays, $37,100,000,000.
Fiscal year 2001:
(A) New budget authority, $37,300,000,000.
(B) Outlays, $36,000,000,000.
Fiscal year 2002:
(A) New budget authority, $39,700,000,000.
(B) Outlays, $39,800,000,000.
(16) Administration of Justice (750):
Fiscal year 1997:
(A) New budget authority, $23,500,000,000.
(B) Outlays, $21,200,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $24,500,000,000.
(B) Outlays, $24,400,000,000.
Fiscal year 1999:
(A) New budget authority, $25,500,000,000.
(B) Outlays, $24,800,000,000.
Fiscal year 2000:
(A) New budget authority, $25,500,000,000.
(B) Outlays, $25,500,000,000.
Fiscal year 2001:
(A) New budget authority, $24,800,000,000.
(B) Outlays, $25,700,000,000.
Fiscal year 2002:
(A) New budget authority, $24,100,000,000.
(B) Outlays, $25,000,000,000.
(17) General Government (800):
Fiscal year 1997:
(A) New budget authority, $15,500,000,000.
(B) Outlays, $14,800,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $15,200,000,000.
(B) Outlays, $14,900,000,000.
Fiscal year 1999:
(A) New budget authority, $15,200,000,000.
(B) Outlays, $14,900,000,000.
Fiscal year 2000:
(A) New budget authority, $15,300,000,000.
(B) Outlays, $15,200,000,000.
Fiscal year 2001:
(A) New budget authority, $15,800,000,000.
(B) Outlays, $15,300,000,000.
Fiscal year 2002:
(A) New budget authority, $16,300,000,000.
(B) Outlays, $16,000,000,000.
(18) Net Interest (900):
Fiscal year 1997:
(A) New budget authority, $282,300,000,000.
(B) Outlays, $282,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, $289,400,000,000.
(B) Outlays, $289,400,000,000.
Fiscal year 1999:
(A) New budget authority, $293,900,000,000.
(B) Outlays, $293,900,000,000.
Fiscal year 2000:
(A) New budget authority, $296,600,000,000.
(B) Outlays, $296,600,000,000.
Fiscal year 2001:
(A) New budget authority, $301,900,000,000.
(B) Outlays, $301,900,000,000.
Fiscal year 2002:
(A) New budget authority, $307,500,000,000.
(B) Outlays, $307,500,000,000.
(19) Allowances (920):
Fiscal year 1997:
(A) New budget authority, -$500,000,000.
(B) Outlays, -$500,000,000.
(C) New direct loan obligations, $106,000,000.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, -$0.
(B) Outlays, -$0.
Fiscal year 1999:
(A) New budget authority, -$0.
(B) Outlays, -$0.
Fiscal year 2000:
(A) New budget authority, -$0.
(B) Outlays, -$0.
Fiscal year 2001:
(A) New budget authority, -$12,900,000,000.
(B) Outlays, -$16,500,000,000.
Fiscal year 2002:
(A) New budget authority, -$36,800,000,000.
(B) Outlays, -$36,800,000,000.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1997:
(A) New budget authority, -$43,300,000,000.
(B) Outlays, -$43,300,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments $0.
Fiscal year 1998:
(A) New budget authority, -$35,400,000,000.
(B) Outlays, -$35,400,000,000.
Fiscal year 1999:
(A) New budget authority, -$35,100,000,000.
(B) Outlays, -$35,100,000,000.
Fiscal year 2000:
(A) New budget authority, -$38,200,000,000.
(B) Outlays, -$38,200,000,000.
Fiscal year 2001:
(A) New budget authority, -$41,000,000,000.
(B) Outlays, -$41,000,000,000.
Fiscal year 2002:
(A) New budget authority, -$62,200,000,000.
(B) Outlays, -$62,200,000,000.
SEC. 4. RECONCILIATION.
(a) Not later than June 21, 1996, the House committees
named in subsection (b) shall submit their recommendations to
the House Committee on the Budget. After receiving those
recommendations, the House Committee on the Budget shall
report to the House a reconciliation bill carrying out all
such recommendations without any substantive revision.
(b)(1) The House Committee on Agriculture shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows:
$2,062,000,000 in outlays for fiscal year 1997,
$14,816,000,000 in outlays in fiscal years 1997 through 2001,
and $18,457,000,000 in outlays in fiscal years 1997 through
2002.
(2) The House Committee on Banking and Financial Services
shall report changes in laws within its jurisdiction that
provide direct spending sufficient to reduce outlays, as
follows: $3,346,000,000 in outlays for fiscal year 1997,
$2,755,000,000 in outlays in fiscal years 1997 through 2001,
and $3,143,000,000 in outlays in fiscal years 1997 through
2002.
(3) The House Committee on Commerce shall report changes in
laws within its jurisdiction that provide direct spending
sufficient to reduce outlays, as follows: $5,717,000,000 in
outlays for fiscal year 1997, $128,862,000,000 in outlays in
fiscal years 1997 through 2001, and $207,698,000,000 in
outlays in fiscal years 1997 through 2002.
(4) The House Committee on Economic and Educational
Opportunities shall report changes in laws within its
jurisdiction that provide direct spending sufficient to
reduce outlays, as follows: $633,000,000 in outlays for
fiscal year 1997, $4,923,000,000 in outlays in fiscal years
1997 through 2001, and
[[Page 1213]]
$6,040,000,000 in outlays in fiscal years 1997 through 2002.
(5) The House Committee on Government Reform and Oversight
shall report changes in laws within its jurisdiction that
provide direct spending sufficient to reduce outlays, as
follows: $840,000,000 in outlays for fiscal year 1997,
$7,236,000,000 in outlays in fiscal years 1997 through 2001,
and $9,086,000,000 in outlays in fiscal years 1997 through
2002.
(6) The House Committee on the Judiciary shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to increase outlays, as follows:
$51,000,000 in outlays for fiscal year 1997, and reduce
outlays by $84,000,000 in outlays in fiscal years 1997
through 2001, and $147,000,000 in outlays in fiscal years
1997 through 2002.
(7) The House Committee on National Security shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows:
$79,000,000 in outlays for fiscal year 1997, $472,000,000 in
outlays in fiscal years 1997 through 2001, and $1,753,000,000
in outlays in fiscal years 1997 through 2002.
(8) The House Committee on Resources shall report changes
in laws within its jurisdiction that provide direct spending
sufficient to reduce outlays, as follows: $112,000,000 in
outlays for fiscal year 1997, $372,000,000 in outlays in
fiscal years 1997 through 2001, and $391,000,000 in outlays
in fiscal years 1997 through 2002.
(9) The House Committee on Transportation and
Infrastructure shall report changes in laws within its
jurisdiction that provide direct spending sufficient to
reduce outlays, as follows: $42,000,000 in outlays for fiscal
year 1997, $255,000,000 in outlays in fiscal years 1997
through 2001, and $363,000,000 in outlays in fiscal years
1997 through 2002.
(10) The House Committee on Veterans' Affairs shall report
changes in laws within its jurisdiction that provide direct
spending sufficient to reduce outlays, as follows:
$148,000,000 in outlays for fiscal year 1997, $3,870,000,000
in outlays in fiscal years 1997 through 2001, and
$5,284,000,000 in outlays in fiscal years 1997 through 2002.
(11) The House Committee on Ways and Means shall report
changes in laws within its jurisdiction sufficient to
increase the deficit, as follows: by $1,024,000,000 in fiscal
year 1997, and decrease the deficit by $64,619,000,000 in
fiscal years 1997 through 2001, and by $117,820,000,000 in
fiscal years 1997 through 2002.
(c) Definition.--For purposes of this section, the term
``direct spending'' has the meaning given to such term in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
It was decided in the
Yeas
117
<3-line {>
negative
Nays
304
para.59.15 [Roll No. 178]
AYES--117
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bonior
Borski
Brown (CA)
Brown (FL)
Bryant (TX)
Bunn
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Coyne
de la Garza
DeLauro
Deutsch
Dicks
Dingell
Dixon
Durbin
Eshoo
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frost
Gejdenson
Gephardt
Geren
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Hastings (FL)
Hefner
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennelly
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McDermott
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Murtha
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Richardson
Rose
Roybal-Allard
Sabo
Sawyer
Schroeder
Schumer
Slaughter
Spratt
Studds
Thompson
Thornton
Torres
Torricelli
Vento
Volkmer
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Yates
NOES--304
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clinger
Coble
Coburn
Collins (GA)
Combest
Conyers
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLay
Dellums
Diaz-Balart
Dickey
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Ensign
Evans
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Martini
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Meehan
Metcalf
Meyers
Mica
Minge
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Rush
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stark
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Towns
Traficant
Upton
Velazquez
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Coleman
Ehlers
Gibbons
Hayes
Jacobs
Lewis (CA)
Manzullo
Miller (FL)
Molinari
Paxon
Quillen
Talent
So the amendment in the nature of a substitute was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. NORWOOD, assumed the Chair.
When Mr. CAMP, Chairman, pursuant to House Resolution 435 reported the
concurrent resolution back to the House.
The previous question having been ordered by said resolution.
The question being put,
Will the House agree to said concurrent resolution?
The SPEAKER pro tempore, Mr. NORWOOD, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
226
<3-line {>
affirmative
Nays
195
para.59.16 [Roll No. 179]
YEAS--226
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
[[Page 1214]]
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--195
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--12
Collins (MI)
Ehlers
Hayes
Jacobs
Lewis (CA)
Manzullo
Miller (FL)
Molinari
Packard
Paxon
Quillen
Talent
So the concurrent resolution was agreed to.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.59.17 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, May 20, 1996 at 2:00 o'clock p.m.
para.59.18 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Monday, May 20, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, May 21, 1996.
para.59.19 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May
22, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.59.20 providing for the consideration of h.r. 3415
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-580) the resolution (H. Res. 436) providing for the
consideration of the bill (H.R. 3415) to amend the Internal Revenue Code
of 1986 to repeal the 4.3-cent increase in the transportation motor
fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act
of 1993 and dedicated to the general fund of the Treasury.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.59.21 providing for the consideration of h.r. 3259
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-581) the resolution (H. Res. 437) providing for the
consideration of the bill (H.R. 3259) to authorize appropriations for
fiscal year 1997 for intelligence and intelligence-related activities of
the United States Government, the Community Management Account, and the
Central Intelligence Agency Retirement and Disability System, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.59.22 providing for the consideration of h.r. 3144
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-582) the resolution (H. Res. 438) providing for the
consideration of the bill (H.R. 3144) to establish a United States
policy for the deployment of a national missile defense system, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.59.23 message from the president--national emergency with respect
to iran
The SPEAKER pro tempore, Mr. DICKEY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on developments since the last
Presidential report of November 28, 1995, concerning the national
emergency with respect to Iran that was declared in Executive Order No.
12170 of November 14, 1979. This report is submitted pursuant to section
204 of the International Emergency Economic Powers Act, 50 U.S.C.
1703(c). This report covers events through March 1, 1996. My last
report, dated November 28, 1995, covered events through September 29,
1995.
1. Effective March 1, 1996, the Department of the Treasury's Office of
Foreign Assets Control (``FAC'') amended the Iranian Assets Control
Regulations, 31 CFR Part 535 (``IACR''), to reflect changes in the
status of litigation brought by Iran against close relatives of the
former Shah of Iran seeking the return of property alleged to belong to
Iran (61 Fed. Reg. 8216, March 4, 1996). In 1991, Shams Pahlavi, sister
of the former Shah of Iran, was identified in section 535.217(b) of the
IACR as a person whose assets were blocked based on proof of service
upon her in litigation of the type described in section 535.217(a).
Pursuant to that provision, all property and assets located in the
United States within the possession or control of Shams Pahlavi were
blocked until all pertinent litigation against her was finally
terminated. Because the litigation has been finally terminated,
reference to Shams Pahlavi has been deleted from section 535.217(b). A
copy of the amendment is attached to this report.
2. The Iran-U.S. Claims Tribunal, established at The Hague pursuant to
the Algiers Accords, continues to make progress in arbitrating the
claims before it. Since my last report, the Tribunal has rendered one
award, bringing the total number to 567. The majority of those awards
have been in favor of U.S. claimants. As of March 1996, the value of
awards to successful U.S. claimants from the Security Account held by
the NV Settlement Bank was $2,376,010,041.91.
In February 1996, Iran deposited funds into the Security Account,
established by the Algiers Accords to ensure payment of awards to
successful U.S. claimants for the first time since October 8, 1992. The
Account was credited
[[Page 1215]]
$15 million on February 22, 1996. However, the Account has remained
continuously below the $500 million balance required by the Algiers
Accords since November 5, 1992. As of March 1, 1996, the total amount
in the Security Account was $195,370,127.71, and the total amount in
the Interest Account was $37,055,050.92.
Therefore, the United States continues to pursue Case A/28, filed in
September 1993, to require Iran to meet its obligations under the
Algiers Accords to replenish the Security Account. Iran filed its
Statement of Defense in that case on August 30, 1995. The United States
filed a Reply on December 4, 1995. Iran is scheduled to file its
Rejoinder on June 4, 1996.
3. The Department of State continues to present other United States
Government claims against Iran and to respond to claims brought against
the United States by Iran, in coordination with concerned government
agencies.
In November 1995, Iran filed its latest Response concerning the
United States Request to Dismiss Certain Claims from Case B/61. The
United States had filed its Request to Dismiss in August 1995 as part
of its consolidated submission on the merits. Iran had previously filed
its initial response in July 1995, and the United States filed a reply
in August 1995. Case B/61 involves a claim by Iran for compensation
with respect to primarily military equipment that Iran alleges it did
not receive. Iran had sought to purchase or repair the equipment
pursuant to commercial contracts with more than 50 private American
companies. Iran alleges that it suffered direct losses and
consequential damages in excess of $2 billion in total because of the
United States Government refusal to allow the export of the equipment
after January 19, 1981, in alleged contravention of the Algiers
Accords. Iran's November 1995 filing failed to show why the Tribunal
should not dismiss immediately certain duplicative or otherwise
improperly pleaded claims from Case B/61.
In December 1995, the Department of State represented the United
States in hearings before the Tribunal on two government-to-government
claims. In the first, Chamber Two heard oral arguments in Case B/36,
the U.S. claim against Iran for its failure to honor debt obligations
created by the sale of military surplus property to Iran shortly after
the Second World War. In the second, also before Chamber Two, the
Department of State presented the U.S. defense in Case B/58, Iran's
claim that the United States is liable for damage caused to the Iranian
State Railways during the Second World War.
In January 1996, in Case B/1 (Claims 2 & 3), Iran filed its Rebuttal
Memorial Concerning Responsibility for Termination Costs, along with 20
volumes of exhibits and affidavits. In this briefing stream, the
Tribunal is asked to decide whether Iran or the United States is liable
for the costs arising from the termination of the U.S.-Iran Foreign
Military Sales program after Iran's default and its subsequent seizure
of the U.S. embassy in Tehran in 1979. The United States is currently
preparing a comprehensive response to Iran's brief.
In February 1996, the Departments of State and Justice represented
the United States in a hearing before the full Tribunal in a
government-to-government claim filed by Iran. Case A/27 is an
interpretive dispute in which Iran claims that the United States is
liable under the Algiers Accords for Tribunal awards issued in favor of
Iran against U.S. nationals. The United States maintains that its
obligation under the Algiers Accords is satisfied by the availability
of domestic judicial procedures through which Iran can enforce awards
in its favor.
Also in February 1996, Iran and the United States settled Iran's
claims against the United States filed before the International Court
of Justice concerning the July 3, 1988, downing of Iran Air 655 and
certain of Iran's claims against the United States filed before the
Iran-United States Tribunal concerning certain banking matters. The
cases in question were dismissed from the International Court of
Justice and the Iran-United States Tribunal on February 22, 1996. The
settlement, inter alia, fulfills President Reagan's 1988 offer to make
ex gratia payments to the survivors of the victims of the Iran Air
shootdown. The survivors of each victim of the Iran Air shootdown will
be paid $300,000 (for wage-earning victims) or $150,000 (for non-wage-
earning victims). For this purpose, $61 million was deposited with the
Union Bank of Switzerland in Zurich in an account jointly held by the
New York Federal Reserve Bank, acting as fiscal agent of the United
States, and Bank Markazi, the central bank of Iran. Of an additional
$70 million in the settlement package, $15 million was deposited in the
Security Account established as part of the Algiers Accords. The
remaining $55 million was deposited in an account at the New York
Federal Reserve Bank, from which funds can be drawn only (1) for
deposits into the Security Account used to pay Tribunal awards to
American claimants or for the payment of Iran's share of the operating
expenses of the Tribunal, or (2) to pay debts incurred before the date
of settlement and owed by Iranian banks to U.S. nationals. Under the
terms of the settlement, no money will be paid to the Government of
Iran.
4. Since my last report, the Tribunal has issued one important award
in favor of a U.S. national considered a dual U.S.-Iranian national by
the Tribunal. On November 7, 1995, Chamber Three issued a significant
decision in Claim No. 213, Dadras Int'l and Per-Am Construction Corp.
v. The Islamic Republic of Iran, awarding a dual national claimant $3.1
million plus interest for architectural work performed for an Iranian
government agency developing a housing complex outside Tehran, Iran.
The Tribunal held hearings in four large private claims. On October
23-27, 1995, Chamber One held a hearing in Claim No. 432, Brown & Root,
Inc. v. The Iranian Navy, involving contract amounts owed in connection
with the construction of the Iranian Navy Chahbahar and Bandar Projects
in Iran. On January 18-19, 1996, Chamber One held a second hearing in
Claim Nos. 842, 843, and 844, Vera Aryeh, et al. v. The Islamic
Republic of Iran, in which allegations of fraud and forgery were
considered. Finally, the United States Government filed a Memorial on
the Application of the Treaty of Amity to Dual United States-Iranian
Nationals in three private claims before the Tribunal: Claim No. 485,
Riahi v. The Islamic Republic of Iran, in Chamber One on January 29,
1996; Claim No. 953, Hakim v. The Islamic Republic of Iran, in Chamber
Two on February 27, 1996; and Claim No. 266, Aryeh, et al. v. The
Islamic Republic of Iran, in Chamber Three on February 29, 1996. The
Memorial argues that a good faith interpretation of the ordinary
meaning of the 1955 Treaty of Amity leads to the conclusion that it
protects all persons deemed to be U.S. nationals under U.S. laws when
they undertake activities in Iran, regardless of whether they also
possess another nationality.
5. The situation reviewed above continues to implicate important
diplomatic, financial, and legal interests of the United States and its
nationals and presents an unusual challenge to the national security
and foreign policy of the United States. The Iranian Assets Control
Regulations issued pursuant to Executive Order No. 12170 continue to
play an important role in structuring our relationship with Iran and in
enabling the United States to implement properly the Algiers Accords. I
shall continue to exercise the powers at my disposal to deal with these
problems and will continue to report periodically to the Congress on
significant developments.
William J. Clinton.
The White House, May 16, 1996.
By unanimous consent, the message, together with accompanying papers,
was referred to the Committee on International Relations and ordered to
be printed (H. Doc. 104-214).
para.59.24 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following title:
H.R. 1836. An Act to authorize the Secretary of the
Interior to acquire property in the town of East Hampton,
Suffolk County, New York, for inclusion in the Amagansett
National Wildlife Refuge; and
H.R. 1743. An Act to amend the Water Resources Act of 1984
to extend the authorizations of appropriations through fiscal
year 2000, and for other purposes.
[[Page 1216]]
para.59.25 leave of absence
By unanimous consent, leave of absence was granted to Mr. MANZULLO,
for today after 3:00 p.m.
And then,
para.59.26 adjournment
On motion of Mr. CANADY, pursuant to the special order heretofore
agreed to, at 8 o'clock and 8 minutes p.m., the House adjourned until
2:00 p.m. on Monday, May 20, 1996.
para.59.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2909. A
bill to amend the Silvio O. Conte National Fish and Wildlife
Refuge Act to provide that the Secretary of the Interior may
acquire lands for purposes of that Act only be donation or
exchange, or otherwise with the consent of the owner of the
lands (Rept. No. 104-579). Referred to the Committee of the
Whole House on the State of the Union.
Mr. DREIER: Committee on Rules. House Resolution 436.
Resolution providing for consideration of the bill (H.R.
3415) to amend the Internal Revenue Code of 1986 to repeal
the 4.3-cent increase in the transportation motor fuels tax
rates enacted by the Omnibus Budget Reconciliation Act of
1993 and dedicated to the general fund of the Treasury (Rept.
No. 104-580). Referred to the House Calendar.
Mr. GOSS: Committee on Rules. House Resolution 437.
Resolution providing for consideration of the bill (H.R.
3259) to authorize appropriations for fiscal year 1997 for
intelligence and intelligence-related activities of the
United States Government, the Community Management Account,
and the Central Intelligence Agency Retirement and Disability
System, and for other purposes (Rept. No. 104-581). Referred
to the House Calendar.
Mr. DIAZ-BALART: Committee on Rules. House Resolution 438.
Resolution providing for consideration of the bill (H.R.
3144) to establish a United States policy for the deployment
of a national missile defense system, and for other purposes
(Rept. No. 104-582). Referred to the House Calendar.
Mr. SPENCE: Committee on National Security. H.R. 3144. A
bill to establish a United States policy for the deployment
of a national missile defense system, and for other purposes
(Rept. No. 104-583, Pt. 1). Referred to the Committee of the
Whole House on the State of the Union.
para.59.28 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3107. Referral to the Committee on Ways and Means
extended for a period ending not later than May 31, 1996.
H.R. 3144. Referral to the Committee on International
Relations extended for a period ending not later than May 16,
1996.
para.59.29 discharge of committee
Pursuant to clause 5 of rule X the following action was taken by the
Speaker: The Committee on International Relations discharged from
further consideration; H.R. 3144 referred to the Committee of the Whole
House on the State of the Union.
The Committee on National Security discharged from further
consideration; H.R. 3259 referred to the Committee of the Whole House on
the State of the Union.
para.59.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WATTS of Oklahoma (for himself, Mr. Talent, Mrs.
Myrick, Mr. English of Pennsylvania, Mr. Weldon of
Florida, Mr. Knollenberg, Mr. Kolbe, Mr. Riggs, Mr.
Chabot, Mr. Chambliss, Mr. Coburn, Mr. Flanagan, Mr.
Gutknecht, Mr. Largent, Mr. LaTourette, Mr. Norwood,
Mrs. Seastrand, Mr. Souder, Mr. Stockman, Mr.
Thornberry, Mr. Weller, Mr. Wicker, Mr. Baker of
Louisiana, Mr. Ballenger, Mr. Bartlett of Maryland,
Mr. Barton of Texas, Mr. Blute, Mr. Burton of
Indiana, Mr. Calvert, Mr. Doolittle, Mr. Dornan, Mr.
Emerson, Mr. Hastert, Mr. Hayes, Mr. Hoekstra, Mr.
Hoke, Mr. Hutchinson, Mr. King, Mr. Kingston, Mr.
Lewis of Kentucky, Mr. Linder, Mr. McCrery, Mr.
Shays, Mr. Wamp, Mr. McIntosh, Mr. DeLay, and Mr.
Taylor of North Carolina):
H.R. 3467. A bill to amend the Internal Revenue Code of
1986 to allow the designation of renewal communities, and for
other purposes; to the Committee on Ways and Means, and in
addition to the Committees on Economic and Educational
Opportunities, Banking and Financial Services, and Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. GEKAS (for himself, Mr. Pastor, Mr. Hastert, Mr.
Hayworth, Mr. Upton, Mr. Berman, Mr. Rohrabacher, Mr.
Cunningham, Mr. Brewster, Mr. Gutknecht, Mr. Stump,
Mr. Bilbray, Mr. Ehlers, Mr. Hobson, Mrs. Johnson of
Connecticut, Mr. Serrano, Mr. Burr, Mr. Royce, Mr.
Clement, Mr. Blute, Mr. Schiff, Mr. Forbes, Mr.
Zimmer, Mr. Buyer, Mrs. Kelly, and Mr. Stenholm):
H.R. 3468. A bill to establish rules governing product
liability actions against raw materials and bulk component
suppliers to medical device manufacturers, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BORSKI (for himself, Mr. Oberstar, Mr. Lipinski,
Mr. Brewster, and Ms. DeLauro):
H.R. 3469. A bill to improve economic productivity and
create thousands of jobs by establishing an infrastructure
reinvestment fund which will provide immediate, upfront
funding of intermodal surface transportation programs, and
for other purposes; to the Committee on Transportation and
Infrastructure, and in addition to the Committees on the
Budget, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. VENTO:
H.R. 3470. A bill to enhance the conservation and
protection of the Boundary Waters Canoe Area Wilderness and
the Voyageurs National Park; to the Committee on Resources.
By Mrs. KELLY:
H.R. 3471. A bill to authorize the Corps of Engineers to
enter into a cooperative agreement with the State of New York
to fund one or more projects for habitat restoration in the
Hudson River Basin, NY; to the Committee on Transportation
and Infrastructure.
By Mr. KENNEDY of Massachusetts (for himself, Mr.
Hinchey, Mr. Faleomavaega, and Mr. Fattah):
H.R. 3472. A bill to amend the Agricultural Trade Act of
1978 to eliminate current Federal subsidies for alcoholic
beverage promotions overseas; to the Committee on
Agriculture.
H.R. 3473. A bill to establish advertising requirements for
alcoholic beverages; to the Committee on Commerce.
H.R. 3474. A bill to require health warnings to be included
in alcoholic beverage advertisements, and for other purposes;
to the Committee on Commerce.
H.R. 3475. A bill to require an annual report by the
Secretary of Health and Human Services on alcohol advertising
practices, and for other purposes; to the Committee on
Commerce.
H.R. 3476. A bill to amend the Higher Education Act of 1965
to provide incentives to colleges and universities to
develop, implement, and improve alcohol abuse prevention and
education programs on their campuses, to strengthen
sanctions, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mr. KENNEDY of Massachusetts:
H.R. 3477. A bill to amend the Fair Labor Standards Act of
1938 to restrict employers in obtaining, disclosing, and
using of genetic information; to the Committee on Economic
and Education Opportunities.
By Mr. KENNEDY of Massachusetts (for himself, Mr.
Hinchey, Mr. Faleomavaega, and Mr. Fattah):
H.R. 3478. A bill to amend the Internal Revenue Code of
1986 to eliminate tax deductions for advertising and goodwill
expenditures relating to alcohol beverages; to the Committee
on Ways and Means.
H.R. 3479. A bill to carry out a comprehensive program
dealing with alcohol and alcohol abuse; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, Economic and Educational Opportunities, and
Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. LaHOOD (for himself and Mr. Peterson of
Minnesota):
H.R. 3480. A bill to amend title 49, United States Code, to
ensure the ability of utility providers to establish,
improve, operate, and maintain utility structures,
facilities, and equipment for the benefit, safety, and well-
being of consumers, by removing limitations on maximum
driving and on-duty time pertaining to utility vehicle
operators and drivers, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. LIGHTFOOT (for himself, Mr. McCollum, Mr.
Hunter, Mr. Rohrabacher, Mr. Barr, Mr. Herger, Mr.
Istook, Mrs. Chenoweth, Mr. Manzullo, Mr. Doolittle,
Mr. Barton of Texas, Mr. Skeen, Mr. Hancock, Mr.
Coburn, Mrs. Cubin, Mr. Cunningham, Mr. Livingston,
Mr. Crane, Mr. Chrysler, Mr. Sam Johnson, Mr. Hansen,
Mr. Taylor of North Carolina, Mr. Mica, Mr. Baker of
California, Mr. Packard, and Mr. Stearns):
H.R. 3481. A bill to repeal the minimum wage requirement of
the Fair Labor Stand
[[Page 1217]]
ards Act of 1938, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mr. McDERMOTT (for himself, Mr. Serrano, and Ms.
Pelosi):
H.R. 3482. A bill to protect the privacy of health
information in the age of genetic and other new technologies,
and for other purposes; to the Committee on Commerce, and in
addition to the Committee on Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. MORAN (for himself (both by request) and Mr.
Mica):
H.R. 3483. A bill to amend title 5, United States Code, to
enable Federal agencies to design personnel systems suited to
their missions, and for other purposes; to the Committee on
Government Reform and Oversight, and in addition to the
Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mrs. MORELLA (for herself and Mr. Walker):
H.R. 3484. A bill to authorize the Federal Aviation
Administration's research, engineering, and development
programs, and for other purposes; to the Committee on
Science, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. NETHERCUTT:
H.R. 3485. A bill to require the Secretary of Agriculture
to conduct an adaptive forest management research program in
Colville National Forest, WA, that will provide for a
creditable, science-based approach to manage fire-generated,
overstocked, small-diameter, stagnated forest stands for the
purposes for improving forest health, providing wood fiber
for manufacturing facilities in forest-dependent communities,
and meeting current and future environmental needs; to the
Committee on Agriculture.
By Mr. ORTON:
H.R. 3486. A bill to dispose of certain Federal properties
at Dutch John, UT, assist local government in the interim
delivery of basic services to the Dutch John community, and
for other purposes; to the Committee on Resources.
By Mr. SAXTON (for himself and Mr. Farr):
H.R. 3487. A bill to reauthorize the National Marine
Sanctuaries Act, and for other purposes; to the Committee on
Resources.
By Mr. SCHUMER:
H.R. 3488. A bill to prevent handgun violence and illegal
commerce in handguns; to the Committee on the Judiciary.
By Mr. SPRATT (for himself, Mr. Gephardt, Mr. Hamilton,
Mr. Dicks, Mr. Skelton, Mr. Ortiz, Mr. Browder, Mr.
Abercrombie, Mr. Edwards, Mr. Meehan, Mr. McHale, Mr.
Peterson of Florida, Mr. Kennedy of Rhode Island, Ms.
Harman, Mr. Fazio of California, Mr. Hoyer, and Mr.
Reed):
H.R. 3489. A bill to protect the United States and its
Armed Forces, wherever engaged, from ballistic missile
attack, to state the policy and priorities of the United
States for developing and deploying more effective defenses
against ballistic missiles, and for other purposes; to the
Committee on National Security, and in addition to the
Committee on International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TATE:
H.R. 3490. A bill to amend title 18, United States Code, to
reform Federal prisons; to the Committee on the Judiciary.
By Mr. THOMAS:
H.R. 3491. A bill to repeal the American Folklife
Preservation Act; to the Committee on House Oversight.
By Mr. VOLKMER:
H.R. 3492. A bill to amend title 49, United States Code, to
ensure the ability of utility providers to establish,
improve, operate, and maintain utility structures,
facilities, and equipment for benefit, safety, and well-being
of consumers, by removing limitations on maximum driving and
on-duty time pertaining to utility vehicle operators and
drivers, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. BAKER of Louisiana (for himself, Mr. McCrery,
Mr. Hayes, Mr. Livingston, Mr. Tauzin, Mr. Jefferson,
Mr. Fields of Louisiana, Mr. Goodling, Mr. Foglietta,
Mr. Gekas, Mr. Fox of Pennsylvania, and Mr. Weldon of
Pennsylvania):
H. J. Res. 179. Joint resolution designating the Civil War
Center at Louisiana State University as the U.S. Civil War
Center, making the center the flagship institution for
planning the sesquicentennial commemoration of the Civil War,
and for other purposes; to the Committee on Government Reform
and Oversight.
By Mr. STOCKMAN:
H. Con. Res. 179. Concurrent resolution to express the
sense of the Congress that Buddhist monks and civilians and
Roman Catholic monks and priests unlawfully detained by the
Government of the Socialist Republic of Vietnam should be
released; to the Committee on International Relations.
By Mrs. SMITH of Washington:
H. Res. 439. Resolution amending the rule XLIII of the
Rules of the House of Representatives to prohibit a Member,
officer, or employee of the House from soliciting,
distributing, or accepting campaign contributions in the Hall
of the House, rooms leading thereto, or the cloakrooms; to
the Committee on Standards of Official Conduct.
para.59.31 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 103: Mr. Andrews.
H.R. 127: Mr. Ballenger, Mr. Underwood, Mr. Farr, Mr.
Meehan, Mr. Rush, Mr. Rahall, Mr. Frazer, Mr. Baker of
California, Mr. Allard, and Mr. Watts of Oklahoma.
H.R. 820: Mr. Collins of Georgia, Mr. Ward, Mr. Waxman, Mr.
Kingston, Mr. Martini, Mr. Cooley, Mr. Bonior, and Mr. Skeen.
H.R. 1005: Mrs. Roukema.
H.R. 1386: Mr. Crane, Mr. Moorhead, Mr. Bachus, Mr.
Whitfield, Mr. Metcalf, and Mr. Ensign.
H.R. 1462: Mr. Berman, Mr. Weldon of Pennsylvania, Mr.
Bishop, Mrs. Meek of Florida, Mr. Clinger, Mr. Traficant, Mr.
Coburn, Mr. Browder, Mr. Sawyer, Mr. Kasich, and Mr.
Hilliard.
H.R. 1618: Mr. Jones and Mr. Hoke.
H.R. 1711: Mr. Quillen, Mr. Spence, and Mr. Wamp.
H.R. 1733: Mr. Cooley.
H.R. 1776: Mr. Vento, Mr. Camp, Mr. Weldon of Pennsylvania,
Mr. Laughlin, Mr. Ramstad, Mr. Torres, Mr. Buyer, Mr. Frisa,
Mr. Bono, Mr. McDermott, Mr. Forbes, and Mr. Hayworth.
H.R. 1791: Mr. McCollum.
H.R. 1797: Mr. Kennedy of Rhode Island, Mr. Miller of
California, Mr. Owens, Ms. Slaughter, Mr. Johnston of
Florida, and Mr. Manton.
H.R. 2143: Mr. Gallegly.
H.R. 2237: Mr. Sanders, Mr. Klug, Mr. Lantos, Mr. Rahall,
Mr. Torres, Mr. Foglietta, and Mr. Flake.
H.R. 2338: Mr. Dingell.
H.R. 2342: Mr. Tauzin.
H.R. 2510: Mr. Funderburk.
H.R. 2530: Mr. Taylor of Mississippi.
H.R. 2682: Mr. Weller.
H.R. 2749: Mr. Emerson.
H.R. 2757: Ms. Kaptur, Mr. Rush, and Mr. Dicks.
H.R. 2807: Mr. Barr and Mrs. Roukema.
H.R. 2911: Mr. Petri, Mr. Kennedy of Massachusetts, and Mr.
Ney.
H.R. 2991: Mr. Durbin.
H.R. 3065: Mr. Brown of Ohio.
H.R. 3067: Mr. Waxman and Ms. Millender-McDonald.
H.R. 3083: Mr. Emerson and Mr. Fields of Texas.
H.R. 3107: Mr. Brewster, Mr. Hastings of Florida, Mr.
Schaefer, Mr. Coburn, Mr. Torkildsen, Mr. Graham, Mr. Fazio
of California, Mr. Camp, Mr. Hinchey, Mr. Levin, Ms. Eshoo,
Mr. Dellums, Mr. Hayworth, Mr. Doyle, Mr. Johnson of South
Dakota, Mr. Clay, Mr. Hostettler, Mr. Duncan, Mr. Schumer,
Mr. Lazio of New York, Ms. Molinari, Mr. Tejeda, Mr.
Boehlert, Mr. Miller of California, Mr. Shadegg, Mr. Brown of
California, Mr. Chabot, Mr. Owens, Mr. Baker of Louisiana,
Mrs. Maloney, Mr. Borski, Mr. McNulty, Mr. Tate, Mr. Holden,
Mr. Farr, Mr. Linder, Mr. Ney, Mr. Nadler, Mr. Waxman, Mr.
Allard, Mr. Franks of New Jersey, and Mr. Schiff.
H.R. 3114: Mr. Cunningham, Mrs. Meyers of Kansas, Mr.
Martinez, Mr. Leach, Mr. Weldon of Florida, Mr. Nussle, Mr.
Kleczka, and Mr. Towns.
H.R. 3119: Mr. Rahall and Ms. Kaptur.
H.R. 3182: Mr. Lipinski, Mr. Manzullo, Mr. McHugh, Mr.
Klug, and Mr. Latham.
H.R. 3199: Mr. Payne of New Jersey, Ms. Pryce, and Ms.
McCarthy.
H.R. 3226: Mr. Neumann, Mr. Blute, Mr. Davis, Mr. Frazer,
Mr. Abercrombie, Mr. Serrano, Mr. Flake, and Mrs. Meek of
Florida.
H.R. 3265: Ms. McKinney.
H.R. 3267: Mr. Borski.
H.R. 3293: Mr. Porter, Mr. Bonior, Mr. Dellums, and Mr.
Waxman.
H.R. 3296: Mr. Thornberry and Mr. Souder.
H.R. 3337: Mr. Sabo.
H.R. 3367: Mr. Flake.
H.R. 3391: Mr. Camp and Mr. Skeen.
H.R. 3392: Mr. Hamilton, Mr. Richardson, Mr. Stark, Mr.
Filner, and Ms. Rivers.
H.R. 3393: Mr. Neal of Massachusetts, Mr. DeFazio, and Mr.
Evans.
H.R. 3396: Mr. Hastings of Florida, Mr. English of
Pennsylvania, Mrs. Smith of Washington, Mr. Manzullo, Mr.
Stearns, Mr. Lucas, Mr. Hostettler, Mr. Crane, Mr. Smith of
Michigan, Mr. Bono, Mr. Miller of Florida, Mr. Buyer, and Mr.
Solomon.
H.R. 3401: Mr. Callahan, Ms. McKinney, Mr. Foglietta, Mr.
Torkildsen, and Mr. Weller.
H.R. 3424: Mr. Skeen.
H.R. 3445: Mr. Durbin, Mrs. Schroeder, Mr. LaFalce, and Mr.
Frost.
H.R. 3447: Mr. Coble.
H.R. 3449: Mr. Pomeroy and Mr. Thornberry.
H.R. 3463: Mr. Bonior, Mr. Filner Mr. Lewis of Georgia, Ms.
Velazquez, Mr. Sanders, Mr. Rush, and Mr. Jackson.
H. Con. Res. 47: Mr. Foley.
H. Con. Res. 156: Ms. Slaughter and Mr. Ackerman.
H. Con. Res. 160: Mr. Portman, Mr. Quinn, Mr. Meehan, Mr.
Kolbe, Mr. Durbin, and Mr. Pallone.
H. Con. Res. 167: Mr. Hoyer, Mrs. Lowey, and Mr. Hinchey.
[[Page 1218]]
H. Con. Res. 175: Mr. Cunningham, Mr. Lazio of New York,
Mr. Istook, Mr. Jacobs, and Mr. Parker.
H. Res. 381: Mr. Kennedy of Massachusetts.
H. Res. 429: Mr. Meehan, Mr. Dellums, Mr. Torres, Mr.
Sanford, and Mr. Burton of Indiana.
para.59.32 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 582: Ms. Lofgren.
H.R. 1972: Ms. Lofgren.
.
MONDAY, MAY 20, 1996 (60)
para.60.1 designation of speaker pro tempore
The House was called to order at 2 o'clock p.m. by the SPEAKER pro
tempore, Mr. LAUGHLIN, who laid before the House the following
communication:
Washington, DC,
May 20, 1996.
I hereby designate the Honorable Greg Laughlin to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.60.2 approval of the journal
The SPEAKER pro tempore, Mr. LAUGHLIN, announced he had examined and
approved the Journal of the proceedings of Thursday, May 16, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.60.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3071. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Onions Grown in South Texas; Change in Regulatory Period
(FV95-959-3FR) received May 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3072. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Tuberculosis in Cattle, Bison, and
Cervids; Payment of Indemnity [APHIS Docket No. 94-133-2]
received May 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3073. A communication from the President of the United
States transmitting a fiscal year 1997 budget amendment in
support of the Israeli Government's requirement for
counterterrorism assistance, pursuant to 31 U.S.C. 1107 (H.
Doc. No. 104-216); to the Committee on Appropriations and
ordered to be printed.
3074. A letter from the Secretary of Agriculture,
transmitting the animal report on the Youth Conservation
Corps Program in the Department for fiscal year 1995,
pursuant to 16 U.S.C. 1705; to the Committee on Economic and
Educational Opportunities.
3075. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled
``Model Comprehensive Program for the Treatment of Substance
Abuse, Metropolitan Area Treatment Enhancement System
(MATES),'' report to the Congress of the United States fiscal
year 1995, pursuant to Public Law 102-321, section 301 (106
Stat. 419); to the Committee on Commerce.
3076. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Contractor
Litigation Cost Policies; Policies, Terms of Law Firm
Engagement, and Allowability of Costs--received May 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3077. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rules--(1) Control Techniques
Guidelines Document: Wood Furniture Manufacturing Operations
(FRL-5507-5), (2) Protection of Stratospheric Ozone; Listing
of Substitutes for Ozone-Depleting Substances (FRL-5467-1),
and (3) Outer Continental Shelf Air Regulations Offset Remand
(FRL-5504-4) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3078. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Elimination of Establishment
License Application for Specified Biotechnology and Specified
Synthetic Biological Products--received May 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3079. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Turkey
(Transmittal No. 19-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
3080. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to the Taipei Economic and
Cultural Representative Office in the U.S. [TECRO]
(Transmittal No. 18-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
3081. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning a
cooperative project with the United Kingdom concerning
conventional air-to-ground missiles (Transmittal No. 09-96),
pursuant to 22 U.S.C. 2767(f); to the Committee on
International Relations.
3082. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies on
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
3083. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Fiscal Year 1995
Annual Report on Advisory Neighborhood Commissions,''
pursuant to D.C. Code, section 47-117(d); to the Committee on
Government Reform and Oversight.
3084. A letter from the Chairman, Cost Accounting Standards
Board, Office of Management and Budget, transmitting the
sixth annual report of the Cost Accounting Standards Board,
pursuant to Public Law 100-679, section 5(a) (102 Stat.
4062); to the Committee on Government Reform and Oversight.
3085. A letter from the Director, Fish and Wildlife
Service, transmitting the Service's final rule--Subsistence
Management Regulations for Public Lands in Alaska, Subpart D;
Subsistence Taking of Fish and Wildlife Regulations;
Extension (RIN: 1018-AC82) received May 17, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3086. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Bering Sea and Aleutian Islands Area; Reserve
Apportionment [Docket No. 960129019-6091-01; I.D. 050396A]
received May 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3087. A letter from the Director, Office of Fisheries and
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Bering Sea and Aleutian Islands Area; Pacific cod by
vessels using trawl gear in the Bering Sea and Aleutian
Islands management area [Docket No. 960129019-6091-01; I.D.
051396A] received May 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3088. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area;
Pacific Cod by Vessels Using Hook-and-Line Gear in the Bering
Sea and Aleutian Islands [Docket No. 960129019-6091-01; I.D.
051396D] received May 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3089. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area; Other
Nontrawl Fisheries in the Bering Sea and Aleutian Islands
Management Area [Docket No. 960129019-6091-01; I.D. 051396E]
received May 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3090. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Scope of
Rules: Prevention of Acts of Violence and Terrorism (RIN:
1120-AA54) received May 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
3091. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Drug Abuse
Treatment Programs: Early Release Consideration (RIN: 1120-
AA36) received May 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
3092. A letter from the Chairperson, United States
Commission on Civil Rights, transmitting a draft of proposed
legislation entitled the ``Civil Rights Commission Amendments
Act of 1996''; to the Committee on the Judiciary.
3093. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation entitled the
``State Infrastructure Bank Improvement Act of 1996''; to the
Committee on Transportation and Infrastructure.
3094. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Materials and Processes Authorized for the
Production of Wine and for the Treatment of Juice, Wine and
Distilling Material (93F-059P) (RIN: 1512-AB26) received May
16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
3095. A letter from the Chair, Physician Payment Review
Commission, transmitting the Commission's recommendations for
the fee update and Medicare volume performance standards for
1997, pursuant to Public Law 101-239, section 6102(a) (103
Stat. 2176); jointly, to the Committees on Ways and Means and
Commerce.
3096. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
and Medicaid Program; Criteria for a Rural Hospital to be
Designated as an Essential Access Community Hospital (EACH)
(BPD-856-FC) received May 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); jointly, to the Committees on Ways and Means
and Commerce.
3097. A letter from the Administrator, Environmental
Protection Agency, transmitting the Agency's report entitled
``The Effects of Great Lakes Contaminants on
[[Page 1219]]
Human Health,'' pursuant to Public law 101-596, Section 106
(104 Stat. 3004); jointly, to the Committees on
Transportation and Infrastructure, Commerce, and Science.
para.60.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 2066. An Act to amend the National School Lunch Act to
provide greater flexibility to schools to meet the Dietary
Guidelines for Americans under the school lunch and school
breakfast programs.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 1296) ``An Act to provide for the administration of
certain Presidio properties at minimal cost to the Federal taxpayer,''
disagreed to by the House, and agrees to the conference asked by the
House on the disagreeing votes of the two Houses thereon, and appoints
Mr. Murkowski, Mr. Domenici, Mr. Nickles, Mr. Johnston, and Mr. Bumpers
to be the conferees on the part of the Senate.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 1005. An Act to amend the Public Buildings Act of 1959
to improve the process of constructing, altering, and
acquiring public buildings, and for other purposes.
S. 1710. An Act to authorize multiyear contracting for the
C-17 aircraft program, and for other purposes.
The message also announced that pursuant to section 4355(a) of title
10, United States Code, the Chair, on behalf of the Vice President,
appoints Mr. Kohl, from the Committee on Appropriations, to the Board of
Visitors of the U.S. Military Academy vice Mr. Reid.
para.60.5 return of bill to the senate--h.r. 2202
The SPEAKER pro tempore, Mr. LAUGHLIN, laid before the House a
communication from the Senate, which was read as follows:
Ordered, That the Secretary of the Senate be directed to
request the House of Representatives to return to the Senate
the bill (H.R. 2202) entitled ``An Act to amend the
Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border
patrol and investigative personnel, by increasing penalties
for alien smuggling and for document fraud, by reforming
exclusion and deportation law and procedures, by improving
the verification system for eligibility for employment, and
through other measures, to reform the legal immigration
system and facilitate legal entries into the United States,
and for other purposes'', including the Senate amendment
thereto.
By unanimous consent, the SPEAKER pro tempore, Mr. LAUGHLIN, announced
that request of the Senate was agreed to.
Ordered, That the Clerk return to the Senate H.R. 2202, together with
the accompanying papers.
para.60.6 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. LAUGHLIN, laid before the House a
communication, which was read as follows:
Washington, DC,
May 17, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope from the White House on Friday, May 17th at 3:00
p.m. and said to contain a message from the President whereby
he notifies and transmits a Supplementary Agreement on Social
Security between the U.S.A. and Austria.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.60.7 u.s.-austria social security agreement
The Clerk then read the message from the President, as follows:
To the Congress of the United States
Pursuant to section 233(e)(1) of the Social Security Act, as amended
by the Social Security Amendments of 1977 (Public Law 95-216, 42 U.S.C.
433(e)(1)), I transmit herewith the Supplementary Agreement Amending the
Agreement Between the United States of America and the Republic of
Austria and Social Security (the ``Supplementary Agreement''). The
Supplementary Agreement, signed at Vienna on October 5, 1995, is
intended to modify certain provisions of the original United States-
Austria Social Security Agreement, signed July 13, 1990.
The United States-Austria Social Security Agreement is similar in
objective to the social security agreements with Belgium, Canada,
Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The
Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, and the
United Kingdom. Such bilateral agreements provide for limited
coordination between the United States and foreign social security
systems to eliminate dual social security coverage and taxation, and to
help prevent the loss of benefit protection that can occur when workers
divide their careers between two countries.
The Supplementary Agreement, which would amend the 1990 Agreement to
update and clarify several of its provisions, is necessitated by changes
that have occurred in U.S. and Austrian law in recent years. Among other
things, it would introduce a new method of computing Austrian benefits
under the Agreement that will result in higher Austrian benefits for
certain people who have divided their careers between the United States
and Austria. Another provision in the Supplementary Agreement will allow
U.S. citizens hired in Austria by U.S. Foreign Service Posts to be
covered by the Austrian Social Security System rather than the U.S.
system. The Supplementary Agreement will also make a number of minor
revisions in the Agreement to take account of other changes in U.S. and
Austrian law that have occurred in recent years.
The United States-Austria Social Security Agreement, as amended, would
continue to contain all provisions mandated by section 233 and other
provisions that I deem appropriate to carry out the provisions of
section 233(c)(4).
I also transmit for the information of the Congress a report prepared
by the Social Security Administration explaining the key points of the
Supplementary Agreement, along with a paragraph-by-paragraph explanation
of the effect of the amendments on the Agreement. Annexed to this report
is the report required by section 233(e)(1) of the Social Security Act
on the effect of the Agreement on income and expenditures of the U.S.
Social Security program and the number of individuals affected by the
Agreement. The Department of State and the Social Security
Administration have recommended the Supplementary Agreement and related
documents to me.
I commend the United States-Austria Social Security Agreement and
related documents to the Congress.
William J. Clinton.
The White House, May 17, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 104-217).
para.60.8 subpoena
The SPEAKER pro tempore, Mr. LAUGHLIN, laid before the House a
communication from Mr. Hunter:
House of Representatives,
Washington, DC, May 17, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Superior
Court of California, County of San Diego.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Duncan Hunter,
Member of Congress.
para.60.9 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 1710. An Act to authorize multiyear contracting for the
C-17 aircraft program, and for other purposes; to the
Committee on National Security; and
S. 1005. An Act to amend the Public Buildings Act of 1959
to improve the process of constructing, altering, and
acquiring public buildings, and for other purposes; to the
Committee on Transportation and Infrastructure.
para.60.10 leave of absence
By unanimous consent, leave of absence was granted to Mr.
[[Page 1220]]
FALEOMAVAEGA, for today and balance of the week.
And then,
para.60.11 adjournment
On motion of Mr. MARKEY, pursuant to the special order agreed to on
Thursday, May 16, 1996, at 2 o'clock and 59 minutes p.m., the House
adjourned until 12:30 p.m. on Tuesday, May 21, 1996.
para.60.12 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3068. A
bill to accept the request of the Prairie Island Indian
Community to revoke their charter of incorporation issued
under the Indian Reorganization Act (Rept. No. 104-584).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 1227. A bill to amend the Portal-to-
Portal Act of 1947 relating to the payment of wages to
employees who use employer owned vehicles; with an amendment
(Rept. No. 104-585). Referred to the Committee of the Whole
House on the State of the Union.
Mr. ARCHER: Committee on Ways and Means. H.R. 3448. A bill
to provide tax relief for small businesses, to protect jobs,
to create opportunities, to increase the take home pay of
workers, and for other purposes; with an amendment (Rept. No.
104-586). Referred to the Committee of the Whole House on the
State of the Union.
para.60.13 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FOX (for himself, Mr. Everett, Mr. Buyer, and
Mr. Hutchinson):
H.R. 3493. A bill to amend title 38, United States Code, to
authorize the provision of funds in order to provide
financial assistance by grant or contract to legal assistance
entities for representation of financially needy veterans in
connection with proceedings before the U.S. Court of Veterans
Appeals; to the Committee on Veterans' Affairs.
By Mr. CANADY (for himself, Mr. Weldon of Florida, and
Mr. Hutchinson):
H.R. 3494. A bill to amend the Juvenile Justice and
Delinquency Prevention Act of 1974 to identify violent and
hard-core juvenile offenders and treat them as adults, and
for other purposes; to the Committee on Economic and
Educational Opportunities, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
para.60.14 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 835: Mrs. Thurman and Mr. Bachus.
H.R. 1024: Mr. Allard.
H.R. 1572: Ms. Pryce.
H.R. 2270: Mr. Burton of Indiana.
H.R. 2531: Mr. Montgomery.
H.R. 2779: Mr. Meehan and Mr. Parker.
H.R. 3000: Mr. Porter, Mr. Green of Texas, Mr. Thompson,
Mr. Manzullo, and Mr. Crane.
H.R. 3328: Mr. Lipinski and Mr. Horn.
H.R. 3346 : Mr. Johnston of Florida and Mr. Richardson.
H. Con. Res. 155: Mr. Horn and Mr. Towns.
H. Con. Res. 160: Mr. Lipinski, Mr. Wynn, and Ms. Jackson-
Lee.
.
TUESDAY, MAY 21, 1996 (61)
para.61.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. COX, who laid before the House the following communication:
Washington DC,
May 21, 1996.
I hereby designate the Honorable Christopher Cox to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.61.2 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3103. An Act to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health
care delivery, to promote the use of medical savings
accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance,
and for other purposes.
The message also announced that pursuant to the order of May 13, 1996,
the Senate insists upon its amendment to the bill (H.R. 2202) ``An Act
to amend the Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border patrol and
investigative personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for eligibility for
employment, and through other measures, to reform the legal immigration
system and facilitate legal entries into the United States, and for
other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Hatch, Mr.
Simpson, Mr. Grassley, Mr. Kyl, Mr. Specter, Mr. Thurmond, Mr. Kennedy,
Mr. Leahy, Mr. Simon, Mr. Kohl, and Mrs. Feinstein to be the conferees
on the part of the Senate.
para.61.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. COX, pursuant to the order of the House
of Friday, May 12, 1995, recognized Members for ``morning hour''
debates.
para.61.4 recess--1:25 p.m.
The SPEAKER pro tempore, Mr. COX, pursuant to clause 12 of rule I,
declared the House in recess until 2 o'clock p.m.
para.61.5 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. WICKER, called the House to order.
para.61.6 approval of the journal
The SPEAKER pro tempore, Mr. WICKER, announced he had examined and
approved the Journal of the proceedings of Monday, May 20, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
Mr. HEFLEY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. WICKER, announced that the yeas had it.
Mr. HEFLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 5, rule I,
announced that the vote would be postponed.
The point of no quorum was considered as withdrawn.
para.61.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3098.A letter from the Under Secretary for Rural
Development, Department of Agriculture, transmitting the
Department's final rule--Business and Industrial Loan
Program--Audit requirements (RIN: 0570-AA11) received May 20,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3099. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $189,264,000 in budget authority to
the Department of Agriculture, Commerce, and the Interior,
and to designate the amounts made available as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 104-219); to
the Committee on Appropriations and ordered to be printed.
3100. A letter from the Mayor, District of Columbia,
transmitting the District of Columbia Government's report on
Anti-Deficiency Act violations for fiscal year 1995 covering
the period October 1, 1994, through September 30, 1995,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3101. A letter from the Under Secretary of Defense,
transmitting the Department's report entitled ``Report to
Congress: The International Cooperative Research and
Development Program,'' pursuant to 10 U.S.C. 2350(f)(1); to
the Committee on National Security.
3102. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Direct Submission of Vouchers to Disbursing Office (DFARS
Case 96-D007) received May 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
3103. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Institutions of Higher Education (DFARS Case 96-D305)
received May 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on National Security.
[[Page 1221]]
3104. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Ambient Air
Quality Standards for Sulfur Oxides (Sulfur Dioxide) (FRL-
5508-5) received May 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3105. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Washington SIP (FRL-
5506-3) received May 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3106. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--North Carolina SIP
(FRL-5505-4) received May 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3107. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Kentucky; Final
Authorization of Revisions to State Hazardous Waste
Management Program (FRL-5508-2) received May 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3108. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Oxo-Alkyl Acetates;
Tolerance Exemption (FRL-5359-4) received May 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3109. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Maleic Hydrazide,
Oryzalin, Hexaninone, Streptomycin; Tolerance Actions (FRL-
4996-1) received May 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3110. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticides; Stay of
Effective Date for Order Revoking Certain Food Additive
Regulations (FRL-5372-2) received May 21, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3111. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting, the Agency's final rule--Idaho SIP (FRL-5449-2)
received May 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3112. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Tennessee; Final
Authorization of Revisions to State Hazardous Waste
Management Programs (FRL-5508-3) received May 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3113. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Tennessee; Final
Authorization of Revisions to State Hazardous Waste
Management Programs (FRL-5508-4) received May 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3114. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--Rules
and Regulations Under the Textile Fiber Products
Identification Act (16 CFR Part 303) received May 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3115. A letter from the Nuclear Waste Technical Review
Board, transmitting the Board's report entitled ``Report to
the U.S. Congress and the Secretary of Energy--1995 Findings
and Recommendations,'' pursuant to 42 U.S.C. 10268; to the
Committee on Commerce.
3116. A communication from the President of the United
States, transmitting an updated report on the continued
deployment of U.S. forces, including the response by those
forces to several isolated attacks on the American Embassy
complex on April 30, 1996, and May 6, 1996 (H. Doc. No. 104-
218); to the Committee on International Relations and ordered
to be printed.
3117. A letter from the Librarian of Congress, transmitting
the report of the activities of the Library of Congress,
including the Copyright Office, for the fiscal year ending
September 30, 1995, pursuant to 2 U.S.C. 139; to the
Committee on House Oversight.
3118. A letter from the Director, Fish and Wildlife
Service, transmitting the Service's final rule--Final
Determination of Threatened Status for the California red-
legged frog (RIN: 1018-AC34) received May 20, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3119. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Shrimp
Fishery of the Gulf of Mexico; Texas Closure (I.D. 050896B)
received May 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3120. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Gulf of Alaska; Shallow-water Species Fishery by Vessels
using Trawl Gear in the Gulf of Alaska [Docket No. 960129018-
6018-01; I.D. 051096D] received May 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
3121. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rules--(1) Indiana Regulatory
Program (recodification of State law) [IN-132-FOR], (2) Texas
Regulatory Program (road systems and others) [TX-029-FOR],
(3) Indiana Regulatory Program (remining and others) [IN-133-
FOR], and (4) Hopi Tribe Abandoned Mine Reclamation Plan [HO-
003-FOR], pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
3122. A letter from the Attorney General and the Secretary
of Health and Human Services, transmitting the Attorney
General and the Secretary of Health and Human Services report
entitled ``The Validity and Use of Evidence Concerning
Battering and Its Effects in Criminal Trials,'' pursuant to
42 U.S.C. 14013; to the Committee on the Judiciary.
3123. A letter from the Chairman, United States Sentencing
Commission, transmitting the 1995 annual report of the
activities of the Commission, pursuant to 28 U.S.C. 997; to
the Committee on the Judiciary.
3124. A letter from the Secretary of Health and Human
Services, transmitting a report on the initial estimate of
the applicable percentage increase in inpatient hospital
payment rates for Federal fiscal year [FY] 1997, pursuant to
Public Law 101-508, section 4002(g)(1)(B) (104 Stat. 1388-36;
to the Committee on Ways and Means.
3125. A letter from the Administrator, Environmental
Protection Agency, transmitting the Agency's report on the
potential health and environmental effects from the use of
magnetic levitation [MAGLEV] for railroad transportation,
pursuant to Public Law 101-549, section 820 (104 Stat. 2699);
jointly, to the Committees on Commerce and Transportation and
Infrastructure.
3126. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of the Secretary's memorandum of justification for transfer
of defense articles and services to the Government of Bosnia
and Herzegovina, pursuant to Public Law 104-107, section
540(b) (110 Stat. 736); jointly, to the Committees on
International Relations and Appropriations.
para.61.8 private calendar
Pursuant to clause 6, rule XXIV,
The SPEAKER pro tempore, Mr. WICKER, directed the Private Calendar to
be called.
When,
para.61.9 bills passed
The bills of the following titles were severally considered, read
twice, ordered to be engrossed and read a third time, were severally
read a third time by title, and passed:
H.R. 1009. A bill for the relief of Lloyd B. Gamble.
H.R. 2765. A bill for the relief of Rocco A. Trecosta.
Motions severally made to reconsider the votes whereby each bill on
the Private Calendar was disposed of today were, by unanimous consent,
laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bills, severally.
para.61.10 veterans' benefits
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 1483) to
amend title 38, United States Code, to allow revision of veterans'
benefits decisions based on clear and unmistakable error.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.61.11 veterans' benefits improvements
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3373) to
amend title 38, United States Code, to improve certain veterans'
benefits programs, and for other purposes.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of
[[Page 1222]]
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.61.12 taiwan democratic election
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 154); as amended:
Whereas March 28, 1996, was the first time in the history
of the Republic of China on Taiwan that a presidential
election was held through direct popular vote by the people
of Taiwan;
Whereas the election was held under great difficulties
caused by extensive military threats from the People's
Republic of China; and
Whereas the presidential inauguration will be held on May
20, 1996, and should be honored; Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That--
(1) the Congress congratulates the people of Taiwan on
holding their first direct and democratic presidential
election;
(2) the United States continues its commitment to move
nations toward freedom and democracy; and
(3) the United States is committed to encouraging and
protecting its democratic friends on Taiwan, within the
framework of the Taiwan Relations Act.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. GILMAN and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read: ``A
concurrent resolution to congratulate the Republic of China on Taiwan on
the occasion of its first direct and democratic presidential election
and inauguration of its president.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.61.13 sierra leone democratic elections
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 160):
Whereas since 1991 the people of the Republic of Sierra
Leone have endured a horrific civil war that has killed
thousands of individuals and displaced more than half the
population of the country;
Whereas for the first time in almost 30 years, the Republic
of Sierra Leone held its first truly democratic multiparty
elections to elect a president and parliament and put an end
to military rule;
Whereas the elections held on February 26, 1996, and the
subsequent runoff election held on March 15, 1996, were
deemed by international and domestic observers to be free and
fair and legitimate expressions of the will of the people of
the Republic of Sierra Leone;
Whereas success of the newly elected democratic government
led by President Ahmad Tejan Kabbah could have a positive
effect on the West African Neighbors of the Republic of
Sierra Leone; and
Whereas the historic event of democratic multiparty
elections in the Republic of Sierra Leone should be honored:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) congratulates the people of the Republic of Sierra
Leone for holding their first democratic multiparty
presidential and parliamentary elections in nearly 30 years;
(2) encourages all people of the Republic of Sierra Leone
to continue to negotiate an end to the civil war and to work
together after taking the critical first step of holding
democratic elections in that country;
(3) reaffirms the commitment of the United States to help
nations move toward freedom and democracy; and
(4) further reaffirms that the United States is committed
to encouraging peace, democracy, and economic development on
the African continent.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. GILMAN and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.61.14 205th anniversary of polish constitution
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 165):
Whereas, on May 3, 1996, Polish people around the world,
including Americans of Polish descent, will celebrate the
205th anniversary of the adoption of the first Polish
constitution;
Whereas American Revolutionary War hero Thaddeus Kosciuszko
introduced the concept of constitutional democracy to his
native country of Poland;
Whereas the Polish constitution of 1791 was the first
liberal constitution in Europe and represented Central-
Eastern Europe's first attempt to end the feudal system of
government;
Whereas this Polish constitution was designed to protect
Poland's sovereignty and national unity and to create a
progressive constitutional monarchy;
Whereas this Polish constitution was the first constitution
in Central-Eastern Europe to secure individual and religious
freedom for all persons in Poland;
Whereas this Polish constitution formed a government
composed of distinct legislative, executive, and judicial
powers;
Whereas this Polish constitution declared that ``all power
in civil society should be derived from the will of the
people'';
Whereas this Polish constitution revitalized the
parliamentary system by placing preeminent lawmaking power in
the House of Deputies, by subjecting the Sejm to majority
rule, and by granting the Sejm the power to remove ministers,
appoint commissars, and choose magistrates;
Whereas this Polish constitution provided for significant
economic, social, and political reforms by removing
inequalities between the nobility and the bourgeoisie, by
recognizing town residents as ``freemen'' who had judicial
autonomy and expanded rights, and by extending the protection
of the law to the peasantry who previously had no recourse
against the arbitrary actions of feudal lords;
Whereas, although this Polish constitution was in effect
for less than 2 years, its principles endured and it became
the symbol around which a powerful new national consciousness
was born, helping Poland to survive long periods of
misfortune over the following 2 centuries; and
Whereas, in only the last 5 years, Poland has realized the
promise held in the Polish constitution of 1791, has emerged
as an independent nation after its people led the movement
that resulted in historic changes in Central-Eastern Europe,
and is moving toward full integration with the Euro-Atlantic
community of nations: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That--
(1) the people of the United States salute and congratulate
Polish people around the world, including Americans of Polish
descent, on the adoption of the first Polish constitution;
(2) the people of the United States recognize Poland's
rebirth as a free and independent nation in the spirit of the
legacy of the Polish constitution of 1791; and
(3) the Congress authorizes and urges the President of the
United States to call upon the Governors of the States, the
leaders of local governments, and the people of the United
States to join in this recognition with appropriate
ceremonies and activities.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. GILMAN and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
[[Page 1223]]
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.61.15 chornobyl nuclear disaster anniversary
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 167):
Whereas April 26, 1996, marks the tenth anniversary of the
Chornobyl nuclear disaster;
Whereas United Nations General Assembly resolution 50/134
declares April 26, 1996, as the International Day
Commemorating the Tenth Anniversary of the Chornobyl Nuclear
Power Plant Accident and encourages member states to
commemorate this tragic event;
Whereas serious radiological, health, and socioeconomic
consequences for the populations of Ukraine, Belarus, and
Russia, as well as for the populations of other affected
areas, have been identified since the disaster;
Whereas over 3,500,000 inhabitants of the affected areas,
including over 1,000,000 children, were exposed to
dangerously high levels of radiation;
Whereas the populations of the affected areas, especially
children, have experienced significant increases in thyroid
cancer, immune deficiency diseases, birth defects, and other
conditions, and these trends have accelerated over the 10
years since the disaster;
Whereas the lives and health of people in the affected
areas continue to be heavily burdened by the ongoing effects
of the Chornobyl accident;
Whereas numerous charitable, humanitarian, and
environmental organizations from the United States and the
international community have committed to overcome the
extensive consequences of the Chornobyl disaster;
Whereas the United States has sought to help the people of
Ukraine through various forms of assistance;
Whereas humanitarian assistance and public health research
into Chornobyl's consequences will be needed in the coming
decades when the greatest number of latent health effects is
expected to emerge;
Whereas on December 20, 1995, the Ukrainian Government, the
governments of the G-7 countries, and the Commission of the
European Communities signed a memorandum of understanding to
support the decision of Ukraine to close the Chornobyl
nuclear power plant by the year 2000 with adequate support
from the G-7 countries and international financial
institutions;
Whereas the United States strongly supports the closing of
the Chornobyl nuclear power plant and improving nuclear
safety in Ukraine; and
Whereas representatives of Ukraine, the G-7 countries, and
international financial institutions will meet at lease
annually to monitor implementation of the program to close
Chornobyl: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) recognizes April 26, 1996, as the tenth anniversary of
the Chornobyl nuclear power plant disaster;
(2) urges the Government of Ukraine to continue its
negotiations with the G-7 countries to implement the December
20, 1995, memorandum of understanding which calls for all
nuclear reactors at Chornobyl to be shut down in a safe and
expeditious manner; and
(3) calls upon the President--
(A) to support continued and enhanced United States
assistance to provide medical relief, humanitarian
assistance, social impact planning, and hospital development
for Ukraine, Belarus, Russia, and other nations most heavily
afflicted by Chornobyl's aftermath;
(B) to encourage national and international health
organizations to expand the scope of research into the public
health consequences of Chornobyl, so that the global
community can benefit from the findings of such research;
(C) to support the process of closing the Chornobyl nuclear
power plant in an expeditious manner as envisioned by the
December 20, 1995, memorandum of understanding; and
(D) to support the broadening of Ukraine's regional energy
sources which will reduce its dependence on any individual
country.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. GILMAN and Mr.
MORAN for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. SMITH of New Jersey, demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.61.16 providing for the consideration of h.r. 3415
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 436):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
3415) to amend to Internal Revenue Code of 1986 to repeal the
4.3-cent increase in the transportation motor fuels excise
tax rates enacted by the Omnibus Budget Reconciliation Act of
1993 and dedicated to the general fund of the Treasury. All
points of order against the bill and against its
consideration are waived. The amendment printed in the report
of the Committee on Rules accompanying this resolution shall
be considered as adopted. The bill, as amended, shall be
debatable for one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on Ways
and Means. The previous question shall be considered as
ordered on the bill, as amended, to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
Mr. DREIER moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
221
When there appeared
<3-line {>
Nays
181
para.61.17 [Roll No. 180]
YEAS--221
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--181
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
[[Page 1224]]
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Luther
Manton
Markey
Mascara
Matsui
McCarthy
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--31
Baesler
Browder
Bunn
Clinger
Coburn
Durbin
Frisa
Furse
Gallegly
Gutierrez
Harman
Hostettler
Kingston
Klink
Largent
Lowey
Lucas
Maloney
McDermott
McIntosh
McNulty
Moakley
Molinari
Oberstar
Ortiz
Peterson (FL)
Portman
Rohrabacher
Smith (MI)
Torres
Watts (OK)
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.61.18 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, May 20, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
So the Journal was approved.
para.61.19 motor fuels excise tax repeal
Mr. ARCHER, pursuant to House Resolution 436, called up the bill (H.R.
3415) to amend the Internal Revenue Code of 1986 to repeal the 4.3-cent
increase in the transportation motor fuels excise tax rates enacted by
the Omnibus Budget Reconciliation Act of 1993 and dedicated to the
general fund of the Treasury.
When said bill was read twice.
Pursuant to House Resolution 436, the amendment printed in (H. Rept.
No. 104-580) was considered as adopted.
When said bill, as amended, was considered.
After debate,
Pursuant to House Resolution 436, the previous question was ordered on
the bill, as amended.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. RANGEL moved to recommit the bill to the Committee on Ways and
Means with instructions to report the bill back to the House forthwith
with the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. PURPOSE.
The purpose of this Act is to repeal the 4.3-cent increase
in the transportation motor fuels excise tax rates enacted by
the Omnibus Budget Reconciliation Act of 1993 and dedicated
to the general fund of the Treasury.
SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED
BY THE OMNIBUS BUDGET RECONCILIATION ACT OF
1993 AND DEDICATED TO GENERAL FUND OF THE
TREASURY.
(a) In General.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline and diesel
fuel) is amended by adding at the end the following new
subsection:
``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted
by the Omnibus Budget Reconciliation Act of 1993 and
Dedicated to General Fund of the Treasury.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced by 4.3
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline and diesel
fuel),
``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to
aviation fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used on
inland waterways),
``(D) paragraph (1) or (2) of section 4041(a) (relating to
diesel fuel and special fuels),
``(E) section 4041(c)(2) (relating to gasoline used in
noncommercial aviation), and
``(F) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the applicable period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the
applicable period, each of the rates specified in sections
6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A),
6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be reduced by 4.3
cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the
applicable period, each of the rates specified in
subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall
be reduced by 4.3 cents per gallon.
``(6) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period after the 6th
day after the date of the enactment of this subsection and
before January 1, 1997.''
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax repeal date, tax has been imposed under
section 4081 or 4091 of the Internal Revenue Code of 1986 on
any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this section referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event
occurred on such date.
(b) Time For Filing Claims.--No credit or refund shall be
allowed or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
repeal date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax repeal date--
(A) the dealer submits a request for refund or credit to
the taxpayer before the date which is 3 months after the tax
repeal date, and
(B) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making
of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or
refund shall be allowed under this section with respect to
any liquid in retail stocks held at the place where intended
to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of
such Code; except that the term ``dealer'' includes a
producer, and
(2) the term ``tax repeal date'' means the 7th day after
the date of the enactment of this Act.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which
tax was imposed under section 4081 or 4091 of the Internal
Revenue Code of 1986 before January 1, 1997, and which is
held on such date by any person, there is hereby imposed a
floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on
January 1, 1997, to which the tax imposed by subsection (a)
applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall
prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
[[Page 1225]]
(3) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to gasoline, diesel fuel, or
aviation fuel held by any person exclusively for any use to
the extent a credit or refund of the tax imposed by section
4081 or 4091 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on gasoline or diesel fuel held
in the tank of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any person if
the aggregate amount of gasoline held by such person on such
date does not exceed 4,000 gallons, and
(B) on diesel fuel or aviation fuel held on such date by
any person if the aggregate amount of diesel fuel or aviation
fuel held by such person on such date does not exceed 2,000
gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the Secretary
shall require for purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of subparagraph (A) shall apply to a group
of persons under common control where 1 or more of such
persons is not a corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code in the case of gasoline and diesel
fuel and section 4091 of such Code in the case of aviation
fuel shall, insofar as applicable and not inconsistent with
the provisions of this subsection, apply with respect to the
floor stock taxes imposed by subsection (a) to the same
extent as if such taxes were imposed by such section 4081 or
4091.
SEC. 5. GAS TAX REDUCTION MUST BE PASSED THROUGH TO
CONSUMERS.
(a) Gas Tax Reduction Only To Benefit Consumers.--It shall
be unlawful for any person selling or importing any taxable
fuel to fail to fully pass on (through a reduction in the
price that would otherwise be charged) the reduction in tax
on such fuel under this Act.
(b) Responsibilities of Persons Liable for Tax.--
(1) In general.--Every person liable for the payment of
Federal excise taxes on any taxable fuel--
(A) shall fully pass on, as required by subsection (a), the
reduction in tax on such fuel under this Act, and
(B) if the taxable event is not a sale to the ultimate
consumer, shall take such steps as may be reasonably
necessary to ensure that such reduction is fully passed on,
as required by subsection (a), to subsequent purchasers of
the taxable fuel.
(2) Enforcement.--Any person who fails to meet the
requirements of paragraph (1) with respect to any fuel shall
be liable for Federal excise taxes on such fuel as if this
Act had not been enacted.
(3) Waiver.--In the case of a failure which is due to
reasonable cause and not to willful neglect, the Secretary
may waive part or all of the additional taxes imposed by
paragraph (2) to the extent that payment of such taxes would
be excessive relative to the failure involved.
(c) Definitions.--For purposes of this section--
(1) Taxable fuel.--The term ``taxable fuel'' has the
meaning given such term by section 4083(a) of such Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the repeal of the 4.3-cent
increase in the fuel tax imposed by the Omnibus Budget
Reconciliation Act of 1993 to determine whether there has
been a passthrough of such repeal.
(2) Report.--Not later than January 31, 1997, the
Comptroller General of the United States shall report to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives the results of the
study conducted under paragraph (1). An interim report on
such results shall be submitted to such committees not later
than November 1, 1996.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF
ADMINISTRATION OF THE DEPARTMENT OF ENERGY.
Section 660 of the Department of Energy Organization Act
(42 U.S.C. 7270) is amended--
(1) by inserting ``(a) In General.--'' before
``Appropriations''; and
(2) by adding at the end the following:
``(b) Fiscal Years 1997 Through 2002.--There are authorized
to be appropriated for salaries and expenses of the
Department of Energy for departmental administration and
other activities in carrying out the purposes of this Act--
``(1) $104,000,000 for fiscal year 1997;
``(2) $104,000,000 for fiscal year 1998;
``(3) $100,000,000 for fiscal year 1999;
``(4) $90,000,000 for fiscal year 2000;
``(5) $90,000,000 for fiscal year 2001; and
``(6) $90,000,000 for fiscal year 2002.''.
SEC. 7. SPECTRUM AUCTIONS.
(a) Commission Obligation to Make Additional Spectrum
Available by Auction.--
(1) In general.--The Federal Communications Commission
shall complete all actions necessary to permit the
assignment, by March 31, 1998, by competitive bidding
pursuant to section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)) of licenses for the use of bands of
frequencies that--
(A) individually span not less than 12.5 megahertz, unless
a combination of smaller bands can, notwithstanding the
provisions of paragraph (7) of such section, reasonably be
expected to produce greater receipts;
(B) in the aggregate span not less than 25 megahertz;
(C) are located below 3 gigahertz; and
(D) have not, as of the date of enactment of this Act--
(i) been assigned or designated by Commission regulation
for assignment pursuant to such section;
(ii) been identified by the Secretary of Commerce pursuant
to section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923);
or
(iii) reserved for Federal Government use pursuant to
section 305 of the Communications Act of 1934 (47 U.S.C.
305).
(2) Criteria for reassignment.--In making available bands
of frequencies for competitive bidding pursuant to paragraph
(1), the Commission shall--
(A) seek to promote the most efficient use of the spectrum;
(B) take into account the cost to incumbent licensees of
relocating existing uses to other bands of frequencies or
other means of communication;
(C) take into account the needs of public safety radio
services;
(D) comply with the requirements of international
agreements concerning spectrum allocations; and
(E) take into account the costs to satellite service
providers that could result from multiple auctions of like
spectrum internationally for global satellite systems.
(b) Federal Communications Commission May Not Treat This
Section as Congressional Action for Certain Purposes.--The
Federal Communications Commission may not treat the enactment
of this Act or the inclusion of this section in this Act as
an expression of the intent of Congress with respect to the
award of initial licenses of construction permits for
Advanced Television Services, as described by the Commission
in its letter of February 1, 1996, to the Chairman of the
Senate Committee on Commerce, Science, and Transportation.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. KOBLE, announced that the nays had it.
Mr. RANGEL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
183
When there appeared
<3-line {>
Nays
225
para.61.20 [Roll No. 181]
YEAS--183
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
[[Page 1226]]
Lincoln
Lipinski
Lofgren
Lowey
Luther
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Murtha
Nadler
Neal
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NAYS--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Mollohan
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--25
Baesler
Bunn
Clinger
Coburn
Durbin
Frisa
Gallegly
Gutierrez
Harman
Kingston
Klink
Largent
Lucas
Maloney
McDermott
McNulty
Molinari
Oberstar
Ortiz
Peterson (FL)
Rohrabacher
Smith (MI)
Taylor (NC)
Torres
Watts (OK)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. KOBLE, announced that the yeas had it.
Mr. ARCHER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
Pending said vote,
para.61.21 order of business--vote on suspension
On motion of Mr. WALKER, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 5(b) of rule
I, the Speaker be authorized to reduce to a minimum of 5 minutes the
period of time for the vote on the unfinished business on the motion to
suspend the rules and agree to the concurrent resolution (H. Con. Res.
167) recognizing the tenth anniversary of the Chornobyl nuclear
disaster, and supporting the closing of the Chornobyl nuclear power
plant, which will immediately follow the vote on passage of H.R. 3415.
Thereupon,
The vote on passage of H.R. 3415 was taken by electronic device.
It was decided in the
Yeas
301
<3-line {>
affirmative
Nays
108
para.61.22 [Roll No. 182]
YEAS--301
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Coble
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kildee
Kim
King
Kleczka
Knollenberg
Kolbe
LaFalce
LaHood
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Manton
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McKinney
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Mink
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Obey
Olver
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Peterson (MN)
Petri
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Salmon
Sanders
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--108
Barrett (WI)
Becerra
Beilenson
Berman
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Dellums
Dicks
Dingell
Dixon
Doggett
Ehlers
Fattah
Flake
Foglietta
Ford
Frank (MA)
Gibbons
Hastings (FL)
Hilliard
Hoekstra
Houghton
Hoyer
Jackson (IL)
Jacobs
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Klug
Lantos
Leach
Levin
Lewis (GA)
Luther
Markey
Matsui
McCarthy
McHale
Meehan
Meek
Millender-McDonald
Miller (CA)
Minge
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Neumann
Owens
Payne (VA)
Pelosi
Pickett
Porter
Rahall
Rangel
Rivers
Roybal-Allard
Rush
Sabo
Sanford
Sawyer
Schroeder
Scott
[[Page 1227]]
Serrano
Shays
Skaggs
Slaughter
Smith (WA)
Souder
Stark
Stenholm
Stokes
Studds
Thompson
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
White
Williams
Wilson
Wise
Wolf
Woolsey
Yates
NOT VOTING--24
Baesler
Bunn
Clinger
Coburn
Durbin
Frisa
Gallegly
Gutierrez
Harman
Kingston
Klink
Largent
Lucas
Maloney
McDermott
McNulty
Molinari
Oberstar
Ortiz
Peterson (FL)
Rohrabacher
Smith (MI)
Torres
Watts (OK)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.61.23 h. con. res. 167--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I, and
the foregoing order of the House, announced the unfinished business to
be the motion to suspend the rules and agree to the concurrent
resolution (H. Con. Res. 167) recognizing the tenth anniversary of the
Chornobyl nuclear disaster, and supporting the closing of the Chornobyl
nuclear power plant.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
404
<3-line {>
affirmative
Nays
0
para.61.24 [Roll No. 183]
YEAS--404
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Olver
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--29
Baesler
Callahan
Clinger
Durbin
Frank (MA)
Frisa
Gallegly
Gibbons
Harman
Kingston
Klink
Maloney
McDermott
McNulty
Molinari
Oberstar
Ortiz
Oxley
Peterson (FL)
Petri
Rogers
Rohrabacher
Scarborough
Smith (MI)
Torres
Watts (OK)
Weldon (PA)
Williams
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.61.25 providing for the consideration of h.r. 3259
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 437):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3259) to authorize appropriations for fiscal
year 1997 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with section 302(f), 308(a), or 401(a) of the Congressional
Budget Act of 1974 are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Permanent Select Committee on Intelligence.
After general debate the bill shall be considered for
amendment under the five-minute rule. It shall be in order to
consider as an original bill for the purpose of amendment
under the five-minute rule the amendment in the nature of a
substitute recommended by the Permanent Select Committee on
Intelligence now printed in the bill. The committee amendment
in the nature of a substitute shall be considered by title
rather than by section. The first section and each title
shall be considered as read. Points of order against the
committee amendment in the nature of a substitute for failure
to comply with clause 7 of rule XVI, clause 5(b) of rule XXI,
or section 302(f) or 401(a) of the Congressional Budget Act
of 1974 are waived. No amendment to the committee amendment
in the nature of a substitute shall be in order unless
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. The Chairman of
the Committee of the Whole may postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment. The Chairman of the
Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall be not less than fifteen minutes.
At the conclusion of consideration of the bill for amendment
the Committee shall rise and report the bill to the House
with such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the
[[Page 1228]]
committee amendment in the nature of a substitute. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.61.26 providing for the consideration of h.r. 3448 and h.r. 1227
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-590) the resolution (H. Res. 440) providing for consideration of
the bill (H.R. 3448) to provide tax relief for small businesses, to
protect jobs, to create opportunities, to increase the take home pay of
workers, and for other purposes; and for consideration of the bill (H.R.
1227) to amend the Portal-to-Portal Act of 1947 relating to the payment
of wages to employees who use employer owned vehicles.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.61.27 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. McNULTY, for today;
To Ms. MOLINARI, for today and balance of the week; and
To Mr. ROHRABACHER, for today.
And then,
para.61.28 adjournment
On motion of Mr. SOLOMON, at 10 o'clock and 5 minutes p.m., the House
adjourned.
para.61.29 reports of committee on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3134. A bill to designate the U.S.
courthouse under construction at 1030 Southwest 3d Avenue,
Portland, OR, as the ``Mark O. Hatfield United States
Courthouse'', and for other purposes (Rept. No. 104-587).
Referred to the House Calendar.
Mr. SHUSTER: Committee on Transportation and Infrastructure
H.R. 3029. A bill to designate the U.S. courthouse in
Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse'' (Rept. No. 104-588).
Referred to the House Calendar.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. House Concurrent Resolution 153. Resolution
authorizing the use of the Capitol Grounds for the Greater
Washington Soap Box Derby (Rept. No. 104-589). Referred to
the House Calendar.
Mr. SOLOMON: Committee on Rules. House Resolution 440.
Resolution providing for consideration of the bill (H.R.
3448) to provide tax relief for small businesses, to protect
jobs, to create opportunities, to increase the take home pay
of workers, and for other purposes, and for consideration of
the bill (H.R. 1227) to amend the Portal-to-Portal Act of
1947 relating to the payment of wages to employees who use
employer owned vehicle (Rept. No. 104-590). Referred to the
House Calendar.
para.61.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Everett,
and Mr. Evans):
H.R. 3495. A bill to extend the time for the submission of
the final report of the Veterans' Claims Adjudication
Commission; to the Committee on Veterans' Affairs.
By Mr. CAMPBELL:
H.R. 3496. A bill to make certain Federal Facilities
available to qualified assistance organizations for use as
temporary shelters for homeless individuals during
nonbusiness hours; to the Committee on Government Reform and
Oversight.
By Ms. DUNN of Washington (for herself, Mr. White, Mr.
Nethercutt, Mr. Tate, Mrs. Smith of Washington, Mr.
Metcalf, Mr. McDermott, Mr. Dicks, and Mr. Hastings
of Washington):
H.R. 3497. A bill to expand the boundary of the Snoqualmie
National Forest, and for other purposes; to the Committee on
Resources.
By Ms. ESHOO (for herself, Mr. Matsui, Mr. Minge, and
Mr. Reed):
H.R. 3498. A bill to amend the Internal Revenue Code of
1986 to allow companies to donate scientific equipment to
elementary and secondary schools for use in their educational
programs, and for other purposes; to the Committee on Ways
and Means.
By Mrs. JOHNSON of Connecticut (for herself and Mrs.
Kennelly):
H.R. 3499. A bill to temporarily suspend the duty on
certain lead fuel test assemblies; to the Committee on Ways
and Means.
By Mr. RIGGS:
H.R. 3500. A bill to amend the act to establish a Redwood
National Park in the State of California, to increase
efficiency and cost savings in the management of Redwood
National Park by authorizing the Secretary of the Interior to
enter into agreements with the State of California to acquire
from and provide to the State goods and services to be used
by the National Park Service and the State of California in
the cooperative management of lands in Redwood National Park
and lands in Del Norte Coast Redwoods State Park, Jedediah
Smith Redwoods State Park, and Prairie Creek Redwoods State
Park, and for other purposes; to the Committee on Resources.
By Mr. UNDERWOOD:
H.R. 3501. A bill to amend the Organic Act of Guam to
provide the government of Guam the opportunity to acquire
excess real property in Guam, and to release lands from a
condition on disposal by Guam; to the Committee on Resources,
and in addition to the Committees on Government Reform and
Oversight, and National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
para.61.31 private bills and resolutions
Under clause 1 of rule XXII,
Mr. COBLE introduced a bill (H.R. 3502) for the relief of
D&S International, Inc.; which was referred to the Committee
on the Judiciary.
para.61.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public
bills and resolutions as follows:
H.R. 218: Mr. Fox and Mr. Gillmor.
H.R. 350: Mr. Buyer.
H.R. 351: Mr. Funderburk and Mrs. Roukema.
H.R. 561: Mr. Jackson Mr. Foglietta, Mr. Kanjorski, and Mr.
Waxman.
H.R. 858: Mr. Romero-Barcelo, Mr. Franks of New Jersey, Mr.
Gallegly, Mr. Gutierrez, Ms. Harmon, Mrs. Mink of Hawaii, Mr.
Johnston of Florida, and Mr. Martini.
H.R. 911: Mr. Coyne.
H.R. 922: Mr. Watt of North Carolina.
H.R. 1073: Mr. Hayes and Mr. Lantos.
H.R. 1074: Mr. Hayes and Mr. Lantos.
H.R. 1084: Mr. Nadler.
H.R. 1136: Mr. Dornan, Mr. Watt of North Carolina, and Mr.
Manton.
H.R. 1210: Ms. McCarthy.
H.R. 1279: Mr. Manzullo and Mr. Norwood.
H.R. 1386: Mr. Neal Massachusetts, Mrs. Vucanovich, Mrs.
Chenoweth, and Mr. Deal of Georgia.
H.R. 1446: Ms. Pryce.
H.R. 1656: Mr. Frazer, Mr. McDermott, and Mr. Farr.
H.R. 1776: Mr. Obey, Mr. Sawyer, Mr. Ensign, Ms. Roybal-
Allard, Mr. Farr, Mr. Markey, Mr. Nethercutt, and Mr.
Richardson.
H.R. 1951: Mr. LaHood.
H.R. 2011: Mr. Dicks, Mr. Dooley, Mr. Calvert, Mr. Kasich,
and Mr. Fattah.
H.R. 2026: Mr. Bentsen, Mr. Miller of California, Mr. Lewis
of Georgia, Mr. Ward, Mr. Filner, Mrs. Maloney, Mr. Tauzin,
Mr. Edwards, Mr. Johnston of Florida, Mr. Smith of New
Jersey, Ms. Eddie Bernice Johnson of Texas, and Mr.
Jefferson.
H.R. 2244: Mr. McKeon.
H.R. 2391: Mr. Hayworth and Mr. Miller of Florida.
H.R. 2401: Mr. Lipinski.
H.R. 2531: Mr. Parker, Mr. Stenholm, and Mr. Tanner.
H.R. 2566: Mr. Foglietta.
H.R. 2587: Mr. Lewis of Kentucky, Mr. Montgomery, Mr. Hoke,
Mr. Torkildsen, Mr. Dornan, Mr. Hunter, Mr. Solomon, Mr.
Watts of Oklahoma, Mr. Everett, Mr. McHugh, and Mr. Stump.
H.R. 2651: Mr. Coburn.
H.R. 2912: Mrs. Meyers of Kansas and Mr. Martini.
H.R. 2925: Mrs. Chenoweth and Mr. Barrett of Wisconsin.
H.R. 2927: Mr. Hayworth and Mr. Barr.
H.R. 2951: Mr. Torricelli and Mr. Miller of California.
H.R. 2976: Mr. Frazer, Mr. Porter, and Mr. Spratt.
H.R. 3001: Ms. Woolsey, Mrs. Lowey, Mrs. Kennelly, Mr.
Towns, Mr. Thompson, Mr. Rangel, Mrs. Meyers of Kansas, Mr.
Fox, Mr. Jefferson, Mr. Torres, Mr. Gutierrez, Mr. Engel, Mr.
Evans, Ms. Slaughter, and Mr. Menendez.
H.R. 3003: Mr. Watt of North Carolina and Mr. Barrett of
Wisconsin.
H.R. 3012: Mr. Baker of California, Mr. Cooley, Mr. Linder,
and Mr. McHugh.
H.R. 3087: Mr. Dickey.
H.R. 3152: Ms. Norton and Mrs. Seastrand.
H.R. 3153: Mr. Upton, Mr. Peterson of Minnesota, Mr. Ortiz,
Mr. Goodlatte, and Mr. Canady.
H.R. 3173: Mr. Hinchey, Mrs. Lowey, and Mrs. Schroeder.
H.R. 3198: Mr. Rahall, Mr. Lipinski, Mrs. Vucanovich, Mr.
Sanders, Mr. Gallegly, Mr. Hayworth, and Mrs. Morella.
H.R. 3199: Mr. Bryant of Tennessee, Mr. Pombo, Mr. Calvert,
Mr. McKeon, Mr. Doolittle, and Mr. Lucas.
[[Page 1229]]
H.R. 3201: Mr. Archer, Mr. Radanovich, Mr. Poshard, Mrs.
Chenoweth, Mr. Towns, Mr. Lucas, Mr. Baker of California, Mr.
Condit, Mr. Porter, Mr. Fazio of California, Mrs. Cubin, Mr.
Watts of Oklahoma, Ms. Pryce, Mr. Calvert, Mr. Herger, Mr.
Doolittle, Mr. McKeon, Mr. Pombo, Mr. Blute, Mr. Cramer, Mr.
Thomas, and Mr. Hefley.
H.R. 3207: Mr. Manzullo, Mr. Emerson, Mr. Ramstad, Mr.
Miller of Florida, and Mr. Goss.
H.R. 3226: Mr. Calvert, Mr. Watt of North Carolina, Mr.
Brown of Ohio, Mr. Fazio of California, Mr. Gutierrez, Mr.
Hinchey, Mr. Smith of New Jersey, and Mr. Walsh.
H.R. 3234: Mr. Miller of Florida, Mr. Spence, Mr. Emerson,
Mr. Everett, Mr. Bartlett of Maryland, Mr. Calvert, Mr.
Bachus, Mr. White, Mr. Christensen, and Mr. Fields of Texas.
H.R. 3238: Ms. Pryce.
H.R. 3260: Mr. Lewis of California, Mr. Hefley, and Mr.
Ewing.
H.R. 3294: Mrs. Morella.
H.R. 3311: Mrs. Schroeder and Mr. Coyne.
H.R. 3326: Mr. Hayworth, Mr. Ehlers, and Mr. Cooley.
H.R. 3332: Ms. Norton, Mrs. Schroeder, Mr. Hinchey, Mr.
Fattah, Mr. Sanders, Ms. Eddie Bernice Johnson of Texas, and
Mr. Bonior.
H.R. 3337: Mr. Minge and Mr. Towns.
H.R. 3378: Mr. Montgomery.
H.R. 3392: Mr. Fazio of California, Mr. Gutierrez, Mrs.
Lowey, Ms. Brown of Florida, Ms. McKinney, Mr. Farr, Mr.
Lewis of Georgia, Mr. Kennedy of Massachusetts, Mr. Sanders,
and Mr. Bonior.
H.R. 3393: Mr. Brown of Ohio and Ms. Rivers.
H.R. 3395: Ms. McKinney.
H.R. 3409: Mr. Berman and Mr. Frazer.
H.R. 3424: Ms. Kaptur.
H.R. 3449: Mr. Schiff, Mr. Pete Geren of Texas, Mr.
Combest, and Mr. Wilson.
H.R. 3454: Ms. Lofgren, Ms. Durbin, Mr. Lipinski, and Mr.
Kennedy of Massachusetts.
H.R. 3462: Mr. Payne of Virginia, Mr. Durbin, and Mr.
Borski.
H.R. 3468: Mr. Ramstad, Mr. Kim, Mr. Cox, and Mr.
Montgomery.
H.R. 3493: Mr. Evans.
H. Con. Res. 26: Mr. Livingston, Mr. Doyle, Mr. Bilirakis,
Mr. Greenwood, Mr. Franks of Connecticut, Mr. Gutierrez, Mr.
English of Pennsylvania, Ms. Ros-Lehtinen, Mr. Towns, Mr.
Dingell, Mr. Pombo, Mr. LaHood, Mr. Ward, Mr. Bryant of
Texas, Mr. Jacobs, Mr. Schiff, Ms. Lofgren, Mr. McKeon, Mr.
Hall of Ohio, Mr. Foley, and Mr. Coyne.
H. Con. Res. 47: Mr. Campbell and Mrs. Seastrand.
H. Con. Res. 50: Mr. Martinez.
H. Con. Res. 154: Mr. Clement and Mr. Dooley.
H. Con. Res. 160: Ms. Ros-Lehtinen, Mr. Shays, and Mr.
Barrett of Wisconsin.
H. Con. Res. 163: Ms. Slaughter and Mr. Brown of Ohio.
H. Con. Res. 169: Mr. Weller, Mr. White, Mr. Barton of
Texas, Mrs Vucanovich, Mr. Smith of Texas, Mr. Bilbray, Mr.
Torkildsen, Mr. Spence, Mr. Ehlers, and Mr. Boehner.
H. Res. 39: Mr. Olver.
H. Res. 423: Mr. Graham, Mr. Gekas, and Ms. Furse.
H. Res. 439: Mrs. Myrick, Mr. Poshard, Mr. Meehan, Mr.
Barrett of Wisconsin, and Mr. Minge.
.
WEDNESDAY, MAY 22, 1996 (62)
The House was called to order by the SPEAKER.
para.62.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, May 21, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.62.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3127. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Processed Fruits and Vegetables, Processed Products Thereof,
and Certain Other Processed Food Products Regulations
Governing Inspection and Certification (Docket No. FV-96-326)
received May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3128. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Air Force violation, case number 95-13, which totaled
$384,046, occurred in the 6th Air Base Wing, Air Combat
Command [ACC], at MacDill Air Force Base, FL, pursuant to 31
U.S.C. 1517(b); to the Committee on Appropriations.
3129. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutants; Final Standards for
Hazardous Air Pollutant Emissions From the Printing and
Publishing Industry (FRL-5509-1) (RIN: 2060-AD95) received
May 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3130. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic
Drug Products for Over-the-Counter Human Use, Amendment of
Monograph for OTC Bronchodilator Drug Products (RIN: 0910-
AA01) received May 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3131. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Protecting the Identity of Allegers
and Confidential Sources: Policy Statement--received May 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3132. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-47), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
3133. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Turkey for defense articles and services
(Transmittal No. 96-37), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
3134. A letter from the Auditor, District of Columbia,
transmitting a copy of a report entitled ``Performance Review
of the Board of Real Property Assessments and Appeals for the
District of Columbia for Tax Year 1996 Appeals,'' pursuant to
D.C. Code, section 47-117(d); to the Committee on Government
Reform and Oversight.
3135. A letter from the Chairman, Federal Communications
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
3136. A letter from the Chairman, National Endowment for
the Arts, transmitting the semiannual report on activities on
the inspector general and the semiannual report on final
action for the National Endowment for the Arts for the period
October 1, 1995, through March 31, 1996, pursuant to 5 U.S.C.
app. (Insp. Gen. Act) section 5(b); to the Committee on
Government Reform and Oversight.
3137. A letter from the Assistant Secretary--Indian
Affairs, Department of the Interior, transmitting the
Department's final rule--The American Indian Trust Fund
Management Reform Act of 1994 (Bureau of Indian Affairs)
(RIN: 1076-AD28) received May 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3138. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area;
Pacific ocean perch in the Western Aleutian District [Docket
No. 960129019-6091-01; I.D. 051696A] received May 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3139. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Groundfish of the Gulf of Alaska; Recordkeeping
and Reporting Requirements; General Limitations [Docket No.
950727194-6118-03; I.D. 062795C] received May 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3140. A letter from the Acting Director, Procurement,
Grants and Administrative Services, National Oceanic and
Atmospheric Administration, transmitting the Administration's
final rule--Financial Assistance for the Pribilof
Environmental Restoration Program (RIN: 0648-ZA23) revised
May 22, 1996 pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
3141. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Compensation for Disability
Resulting from Hospitalization, Treatment, Examination, or
Vocational Rehabilitation (RIN: 2900-AH44) received May 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
3142. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Schedule for Rating Disabilities;
Endocrine System Disabilities (RIN: 2900-AE41) received May
22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Veterans' Affairs.
3143. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Issue Price in the Case of Certain Debt
Instruments Issued for Property (Revenue Ruling 96-27)
received May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
para.62.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 1965. An Act to reauthorize the Coastal Zone
Management Act of 1972, and for other purposes.
para.62.4 committees and subcommittees to sit
On motion of Mr. GUTKNECHT, by unanimous consent, the following
committees and their subcommittees were
[[Page 1230]]
granted permission to sit today during the 5-minute rule: the Committee
on Agriculture, the Committee on Commerce, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on National Security, the Committee on Resources, the
Committee on Veterans' Affairs, and the Permanent Select Committee on
Intelligence.
para.62.5 prairie island indian community charter revocation
On motion of Mr. HASTINGS of Washington, by unanimous consent, the
Committee of the Whole House on the state of the Union was discharged
from further consideration of the bill (H.R. 3068) to accept the request
of the Prairie Island Indian Community to revoke their charter of
incorporation issued under the Indian Reorganization Act.
When said bill was considered and read twice.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.62.6 intelligence authorization
The SPEAKER pro tempore, Mr. LATHAM, pursuant to House Resolution 437
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3259) to authorize appropriations for fiscal year 1997 for
intelligence and intellegence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
The SPEAKER pro tempore, Mr. LATHAM, by unanimous consent, designated
Mr. DICKEY as Chairman of the Committee of the Whole; and after some
time spent therein,
para.62.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as amended, submitted by Mr.
RICHARDSON:
At the end of title III, insert the following new section:
SEC. 306. PROHIBITION ON USING JOURNALISTS AS AGENTS OR
ASSETS.
(a) Policy.--It is the policy of the United States that an
element of the Intelligence Community may not use as an agent
or asset for the purposes of collecting intelligence any
individual who--
(1) is authorized by contract or by the issuance of press
credentials to represent himself or herself, either in the
United States or abroad, as a correspondent of a United
States news media organization; or
(2) is officially recognized by a foreign government as a
representative of a United States media organization.
(b) Waiver.--The President may waive subsection (a) in the
case of an individual if the President certifies in writing
that the waiver is necessary to address the overriding
national security interest of the United States. The
certification shall be made to the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
(c) Voluntary Cooperation.--Subsection (a) shall not be
construed to prohibit the voluntary cooperation of any person
who is aware that the cooperation is being provided to an
element of the United States Intelligence Community.
It was decided in the
Yeas
417
<3-line {>
affirmative
Nays
6
para.62.8 [Roll No. 184]
AYES--417
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--6
Campbell
Coburn
Istook
Sanford
Shadegg
Souder
NOT VOTING--10
Barton
Bliley
Chenoweth
Costello
Flake
Funderburk
Hefley
Moakley
Molinari
Scarborough
So the amendment, as amended, was agreed to.
para.62.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SANDERS:
At the end of title I, add the following new section:
SEC. 105. LIMITATION ON AMOUNTS AUTHORIZED TO BE
APPROPRIATED.
(a) Limitation.--Except as provided in subsection (b),
notwithstanding the total amount of the individual
authorizations of appropriations contained in this Act,
including the amounts specified in the classified Schedule of
Authorizations referred to in section 102, there is
authorized to be appropriated for fiscal year 1997 to carry
out this Act not more than 90 percent of the total amount
authorized to be appropriated by the Intelligence
Authorization Act for Fiscal Year 1996.
(b) Exception.--Subsection (a) does not apply to amounts
authorized to be appro
[[Page 1231]]
priated for the Central Intelligence Agency Retirement and
Disability Fund by section 201.
It was decided in the
Yeas
115
<3-line {>
negative
Nays
311
para.62.10 [Roll No. 185]
AYES--115
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Camp
Campbell
Clay
Clayton
Coble
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Danner
DeFazio
DeLauro
Dellums
Duncan
Durbin
Ehlers
Ensign
Evans
Farr
Fattah
Filner
Foglietta
Foley
Fox
Frank (MA)
Furse
Gordon
Green (TX)
Gutierrez
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kanjorski
Kennedy (MA)
Kleczka
Klug
LaHood
Lewis (GA)
Lincoln
Lofgren
Luther
Maloney
Manzullo
Markey
McCarthy
McDermott
McKinney
Meehan
Meek
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Peterson (MN)
Petri
Pickett
Poshard
Ramstad
Rangel
Reed
Roemer
Rohrabacher
Rose
Roth
Roybal-Allard
Royce
Rush
Sanders
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Slaughter
Stark
Studds
Stupak
Torricelli
Towns
Upton
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Williams
Woolsey
Yates
NOES--311
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Eshoo
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Forbes
Ford
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Manton
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Meyers
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Ros-Lehtinen
Roukema
Sabo
Salmon
Sanford
Sawyer
Saxton
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--7
Bliley
Costello
Flake
Funderburk
Moakley
Molinari
Scarborough
So the amendment was not agreed to.
para.62.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. CONYERS:
SEC. 306. ANNUAL STATEMENT OF THE TOTAL AMOUNT OF
INTELLIGENCE EXPENDITURES FOR THE CURRENT AND
SUCCEEDING FISCAL YEARS.
At the time of submission of the budget of the United
States Government submitted for fiscal year 1998 under
section 1105(a) of title 31, United States Code, and for each
fiscal year thereafter, the President shall submit to
Congress a separate, unclassified statement of the
appropriations and proposed appropriations for the current
fiscal year, and the amount of appropriations requested for
the fiscal year for which the budget is submitted, for
national and tactical intelligence activities, including
activities carried out under the budget of the Department Of
Defense to collect, analyze, produce, disseminate, or support
the collection of intelligence.
It was decided in the
Yeas
176
<3-line {>
negative
Nays
248
para.62.12 [Roll No. 186]
AYES--176
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bunn
Chabot
Chapman
Clay
Clayton
Clement
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Dicks
Dixon
Doggett
Duncan
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Goodlatte
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Holden
Horn
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Rangel
Reed
Richardson
Riggs
Rivers
Roemer
Rohrabacher
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Woolsey
Wynn
Yates
Zimmer
NOES--248
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gonzalez
[[Page 1232]]
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jefferson
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Meyers
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (FL)
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Rahall
Ramstad
Regula
Roberts
Rogers
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--9
Bliley
Costello
Flake
Funderburk
Gilman
Molinari
Nethercutt
Radanovich
Scarborough
So the amendment was not agreed to.
After some further time,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. GOSS, assumed the Chair.
para.62.13 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
para.62.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK of
Massachusetts:
At the end of title I, insert the following:
SEC. 105. REDUCTION IN AUTHORIZATIONS.
(a) In General.--Except as provided in subsection (b), the
aggregate amount authorized to be appropriated by this Act,
including the amounts specified in the classified Schedule of
Authorizations referred to in section 102, is reduced by 4.9
percent.
(b) Exception.--Subsection (a) does not apply to amounts
authorized to be appropriated by section 201 for the Central
Intelligence Agency Retirement and Disability Fund.
(c) Transfer and Reprogramming Authority.--(1) The
President, in consultation with the Director of Central
Intelligence and the Secretary of Defense, may apply the
reduction required by subsection (a) by transferring amounts
among the accounts or reprogramming amounts within an
account, as specified in the classified Schedule of
Authorizations referred to in section 102, so long as the
aggregate reduction in the amount authorized to be
appropriated by this Act, equals 4.9 percent.
(2) Before carrying out paragraph (1), the President shall
submit a notification to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, which notification
shall include the reasons for each proposed transfer or
reprogramming.
It was decided in the
Yeas
192
<3-line {>
negative
Nays
235
para.62.15 [Roll No. 187]
AYES--192
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Camp
Campbell
Clay
Clayton
Clyburn
Coble
Coburn
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Danner
de la Garza
DeFazio
DeLauro
Dellums
Dingell
Doggett
Dooley
Doyle
Duncan
Durbin
Ehlers
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford
Fox
Frank (MA)
Frelinghuysen
Furse
Gejdenson
Gephardt
Gibbons
Goodlatte
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoekstra
Hoke
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Poshard
Ramstad
Rangel
Reed
Rivers
Roemer
Rohrabacher
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Smith (MI)
Spratt
Stark
Stenholm
Stockman
Studds
Stupak
Tanner
Taylor (MS)
Thompson
Thornton
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Whitfield
Williams
Woolsey
Yates
Zimmer
NOES--235
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coleman
Collins (GA)
Combest
Cox
Crane
Crapo
Cremeans
Cummings
Cunningham
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Martinez
Matsui
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Meyers
Mica
Millender-McDonald
Miller (FL)
Mollohan
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Pallone
Parker
Paxon
Peterson (FL)
Pombo
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Salmon
Saxton
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stokes
Stump
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Traficant
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Wicker
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--6
Bliley
Cubin
Istook
Molinari
Scarborough
Torricelli
So the amendment was not agreed to.
After some further time,
para.62.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. SCHROEDER:
At the end of title I, insert the following new section:
SEC. 105. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR
THE NATIONAL RECONNAISSANCE OFFICE.
Notwithstanding any other provision of this Act and the
amounts specified in the classified Schedule of
Authorizations referred to in section 102, the total amount
authorized to be appropriated by this Act for the National
Reconnaissance Office is the
[[Page 1233]]
aggregate amount appropriated or otherwise made available for
the National Reconnaissance Office for fiscal year 1996.
It was decided in the
Yeas
137
<3-line {>
negative
Nays
292
para.62.17 [Roll No. 188]
AYES--137
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Bonior
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Camp
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Doggett
Duncan
Durbin
Ehlers
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Furse
Gephardt
Gibbons
Gordon
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnston
Kaptur
Kennedy (MA)
Kleczka
Klug
LaFalce
Lantos
Leach
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Markey
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Porter
Poshard
Ramstad
Rangel
Reed
Riggs
Roemer
Roth
Roybal-Allard
Rush
Sanders
Sawyer
Schroeder
Sensenbrenner
Serrano
Shays
Slaughter
Stark
Stenholm
Studds
Stupak
Thompson
Thurman
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Waxman
Weller
Williams
Woolsey
NOES--292
Abercrombie
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Pombo
Pomeroy
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Royce
Sabo
Salmon
Sanford
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stockman
Stokes
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--4
Bliley
Hoke
Molinari
Scarborough
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. HOBSON, assumed the Chair.
When Mr. DICKEY, Chairman, pursuant to House Resolution 437, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization
Act for Fiscal Year 1997''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 1997,
for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the Classified Schedule of Authorizations
prepared to accompany the bill H.R. 3259 of the 104th
Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
1997 under section 102 when the Director of Central
Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that
the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed two percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
Central Intelligence shall promptly notify the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate whenever he exercises the authority granted by
this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of Central Intelligence for fiscal
year 1997 the sum of $93,616,000. Within such amounts
authorized, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Advanced
Research and Development Committee shall remain available
until September 30, 1998.
(b) Authorized Personnel Levels.--The Community Management
Staff of the Director of Central Intelligence is authorized
273 full-time personnel as of September 30, 1997. Such
personnel of the Community Management Staff may be permanent
employees of the Community Management Staff or personnel
detailed from other elements of the United States Government.
(c) Reimbursement.--During fiscal year 1997, any officer or
employee of the United States or a member of the Armed Forces
who is detailed to the Community Management Staff from
another element of the United States Government shall be
detailed on a reimbursable basis, except that any such
officer, employee or member may be detailed on a
nonreimbursable basis for a period of less than one year for
the performance of temporary functions as required by the
Director of Central Intelligence.
[[Page 1234]]
(d) Declassification.--In addition to amounts otherwise
authorized to be appropriated by this Act, there is
authorized to be appropriated $12,500,000 for the National
Foreign Intelligence Program for the purposes of carrying out
the provisions of section 3.4 of Executive Order 12958, dated
April 17, 1995.
(e) National Drug Intelligence Center.--In addition to
amounts otherwise authorized to be appropriated by this Act,
there is authorized to be appropriated $32,076,000 for the
National Drug Intelligence Center located in Johnstown,
Pennsylvania. Amounts appropriated for such center may not be
used in contravention of the provisions of section 103(d)(1)
of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
The National Drug Intelligence Center is authorized 35 full-
time personnel as of September 30, 1997.
(f) Environmental Programs.--In addition to amounts
otherwise authorized to be appropriated by this Act, there is
authorized to be appropriated $18,500,000 for the
Environmental Intelligence and Applications Program, formerly
known as the Environmental Task Force, to remain available
until September 30, 1998.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 1997 the sum of $194,400,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC
DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.
(a) Authorization of Appropriations.--Section 307 of the
Intelligence Authorization Act for Fiscal Year 1996 (109
Stat. 966) is amended by striking out ``fiscal year 1996 by
this Act'' in subsection (a) and inserting in lieu thereof
``any of the fiscal years 1996 through 2000''.
(b) Transfers.--The second sentence of section 307(a) of
the Intelligence Authorization Act for Fiscal Year 1996 is
amended to read as follows: ``Within the amount authorized to
be used by this section, the Director, consistent with his
duty to protect intelligence sources and methods, may
transfer such amounts to the agencies within the National
Foreign Intelligence Program for the purpose of automatic
declassification of records over 25 years old.''.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
(a) Extension.--Section 905 of the National Security Act of
1947 (50 U.S.C. 441d) is amended by striking out ``on the
date which is one year after the date of the enactment of
this title'' and inserting in lieu thereof ``on January 6,
1998''.
(b) Format Amendments.--Section 904 of such Act (50 U.S.C.
441c) is amended by striking out ``required to be imposed
by'' and all that follows and inserting in lieu thereof
``required to be imposed by any of the following provisions
of law:
``(1) The Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (title III of Public Law 102-
182).
``(2) The Nuclear Proliferation Prevention Act of 1994
(title VIII of Public Law 103-236).
``(3) Section 11B of the Export Administration Act of 1979
(50 U.S.C. App. 2410b).
``(4) Chapter 7 of the Arms Export Control Act (22 U.S.C.
2797 et seq.).
``(5) The Iran-Iraq Arms Non-Proliferation Act of 1992
(title XVI of Public Law 102-484).
``(6) The following provisions of annual appropriations
Acts:
``(A) Section 573 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994
(Public Law 103-87; 107 Stat. 972).
``(B) Section 563 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1995
(Public Law 103-306; 108 Stat. 1649).
``(C) Section 552 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996
(Public Law 104-107; 110 Stat. 741).
``(7) Comparable provisions.''.
SEC. 305. EXPEDITED NATURALIZATION.
(a) In General.--With the approval of the Director of
Central Intelligence, the Attorney General, and the
Commissioner of Immigration and Naturalization, an applicant
described in subsection (b) and otherwise eligible for
naturalization may be naturalized without regard to the
residence and physical presence requirements of section
316(a) of the Immigration and Nationality Act, or to the
prohibitions of section 313 of such Act, and no residence
within a particular State or district of the Immigration and
Naturalization Service in the United States shall be
required: Provided, That the applicant has resided
continuously, after being lawfully admitted for permanent
residence, within the United States for at least one year
prior to naturalization: Provided further, That the
provisions of this section shall not apply to any alien
described in subparagraphs (A) through (D) of section
243(h)(2) of such Act.
(b) Eligible Applicant.--An applicant eligible for
naturalization under this section is the spouse or child of a
deceased alien whose death resulted from the intentional and
unauthorized disclosure of classified information regarding
the alien's participation in the conduct of United States
intelligence activities.
(c) Administration of Oath.--An applicant for
naturalization under this section may be administered the
oath of allegiance under section 337(a) of the Immigration
and Nationality Act by the Attorney General or any district
court of the United States, without regard to the residence
of the applicant. Proceedings under this subsection shall be
conducted in a manner consistent with the protection of
intelligence sources, methods, and activities.
(d) Definitions.--For purposes of this section--
(1) the term ``child'' means a child as defined in
subparagraphs (A) through (E) of section 101(b)(1) of the
Immigration and Nationality Act, without regard to age or
marital status; and
(2) the term ``spouse'' means the wife or husband of a
deceased alien referred to in subsection (b) who was married
to such alien during the time the alien participated in the
conduct of United States intelligence activities.
SEC. 306. SEEKING ENFORCEMENT OF THE REQUIREMENT TO PROTECT
THE IDENTITIES OF UNDERCOVER INTELLIGENCE
OFFICERS, AGENTS, INFORMANTS, AND SOURCES.
It is the sense of the Congress that title VI of the
National Security Act of 1947 (50 U.S.C. 421 et seq.)
(relating to protection of the identities of undercover
intelligence officers, agents, informants, and sources)
should be enforced by the appropriate law enforcement
agencies.
SEC. 307. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
SEC. 308. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of the
appropriate element of the Intelligence Community shall
provide to each recipient of the assistance a notice
describing the statement made in subsection (a) by the
Congress.
SEC. 309. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a fraudulent
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that was not made in the United
States, such person shall be ineligible to receive any
contract or subcontract made with funds provided pursuant to
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 310. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by adding at the end of title
I the following new section:
``restrictions on intelligence sharing with the united nations
``Sec. 110. (a) Provision of Intelligence Information to
the United Nations.--(1) No United States intelligence
information may be provided to the United Nations or any
organization affiliated with the United Nations, or to any
officials or employees thereof, unless the President
certifies to the appropriate committees of Congress that the
Director of Central Intelligence, in consultation with the
Secretary of State and the Secretary of Defense, has
established and implemented procedures, and has worked with
the United Nations to ensure implementation of procedures,
for protecting from unauthorized disclosure United States
intelligence sources and methods connected to such
information.
``(2) Paragraph (1) may be waived upon written
certification by the President to the appropriate committees
of Congress that providing such information to the United
Nations or an organization affiliated with the United
Nations, or to any officials or employees thereof, is in the
national security interests of the United States.
``(b) Periodic and Special Reports.--(1) The President
shall report semiannually to the appropriate committees of
Congress on the types and volume of intelligence provided to
the United Nations and the purposes for which it was provided
during the period covered by the report. The President shall
also report to the appropriate committees of
[[Page 1235]]
Congress within 15 days after it has become known to the
United States Government that there has been an unauthorized
disclosure of intelligence provided by the United States to
the United Nations.
``(2) The requirement for periodic reports under the first
sentence of paragraph (1) shall not apply to the provision of
intelligence that is provided only to, and for the use of,
appropriately cleared United States Government personnel
serving with the United Nations.
``(c) Delegation of Duties.--The President may not delegate
or assign the duties of the President under this section.
``(d) Relationship to Existing Law.--Nothing in this
section shall be construed to--
``(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 103(c)(5); or
``(2) supersede or otherwise affect the provisions of title
V.
``(e) Definition.--As used in this section, the term
`appropriate committees of Congress' means the Committee on
Foreign Relations and the Select Committee on Intelligence of
the Senate and the Committee on Foreign Relations and the
Permanent Select Committee on Intelligence of the House of
Representatives.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by inserting after
the item relating to section 109 the following:
``Sec. 110. Restrictions on intelligence sharing with the United
Nations.''.
SEC. 311. PROHIBITION ON USING JOURNALISTS AS AGENTS OR
ASSETS.
(a) Policy.--It is the policy of the United States that an
element of the Intelligence Community may not use as an agent
or asset for the purposes of collecting intelligence any
individual who--
(1) is authorized by contract or by the issuance of press
credentials to represent himself or herself, either in the
United States or abroad, as a correspondent of a United
States news media organization; or
(2) is officially recognized by a foreign government as a
representative of a United States media organization.
(b) Waiver.--The President may waive subsection (a) in the
case of an individual if the President certifies in writing
that the waiver is necessary to address the overriding
national security interest of the United States. The
certification shall be made to the Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
(c) Voluntary Cooperation.--Subsection (a) shall not be
construed to prohibit the voluntary cooperation of any person
who is aware that the cooperation is being provided to an
element of the United States Intelligence Community.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MULTIYEAR LEASING AUTHORITY.
Section 5(e) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403f(e)) is amended to read as follows:
``(e) Subject to such amounts as may be provided in advance
in appropriations Acts, make alterations, improvements, and
repairs on premises rented by the Agency and, for the purpose
of furthering the cost-efficient acquisition of Agency
facilities, enter into multiyear leases for up to 15 years
that are not otherwise authorized pursuant to section 8 of
this Act; and''.
SEC. 402. ELIMINATION OF DOUBLE SURCHARGE ON THE CENTRAL
INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO
RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999
AND WHO RECEIVE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
Section 2(i) of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403-4 note) is amended by
adding at the end the following new sentence: ``The
remittance required by this subsection shall be in lieu of
any remittance required by section 4(a) of the Federal
Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).''.
SEC. 403. IMPLEMENTATION OF INTELLIGENCE COMMUNITY PERSONNEL
REFORMS.
None of the amounts authorized to be appropriated by this
Act may be used to implement any Intelligence Community
personnel reform until the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate are fully briefed on
such personnel reform.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. STANDARDIZATION FOR CERTAIN DEPARTMENT OF DEFENSE
INTELLIGENCE AGENCIES OF EXEMPTIONS FROM
DISCLOSURE OF ORGANIZATIONAL AND PERSONNEL
INFORMATION.
(a) Consolidation and Standardization.--Chapter 21 of title
10, United States Code, is amended by striking out sections
424 and 425 and inserting in lieu thereof the following:
``Sec. 424. Disclosure of organizational and personnel
information: exemption for the Defense Intelligence Agency
and National Reconnaissance Office
``(a) Exemption From Disclosure.--Except as required by the
President or as provided in subsection (b), no provision of
law shall be construed to require the disclosure of--
``(1) the organization or any function of the Defense
Intelligence Agency or the National Reconnaissance Office; or
``(2) the number of persons employed by or assigned or
detailed to that Agency or Office or the name, official
title, occupational series, grade, or salary of any such
person.
``(b) Provision of Information to Congress.--Subsection (a)
does not apply with respect to the provision of information
to Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
striking out the items relating to sections 424 and 425 and
inserting in lieu thereof the following:
``424. Disclosure of organizational and personnel information:
exemption for the Defense Intelligence Agency and
National Reconnaissance Office.''.
SEC. 502. TIER III MINUS UNMANNED AERIAL VEHICLE.
In addition to the amounts authorized to be appropriated by
title I, there is authorized to be appropriated an additional
$22,000,000 for the tier III minus unmanned aerial vehicle.
The Secretary of Defense may not obligate or expend any of
these funds until after the Secretary submits to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate a detailed cost analysis and report on
specifically how these funds will be used.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. AUTHORIZATION OF FUNDING PROVIDED BY 1996
SUPPLEMENTAL APPROPRIATIONS ACT.
Amounts obligated or expended for intelligence or
intelligence-related activities based on and otherwise in
accordance with the appropriations provided by the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), including any such obligations or
expenditures occurring before the enactment of this Act,
shall be deemed to have been specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) and are hereby ratified and
confirmed.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HOBSON, announced that the yeas had it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.62.18 clerk to correct engrossment
On motion of Mr. COMBEST, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized make such technical and conforming changes as may be
necessary to correct such things as spelling, punctuation, cross-
referencing, and section numbering.
para.62.19 message from the president--commodity credit corporation
The SPEAKER pro tempore, Mr. HOBSON, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the provisions of section 13, Public Law 806, 80th
Congress (15 U.S.C. 714k), I transmit herewith the report of the
Commodity Credit Corporation for fiscal year 1994.
William J. Clinton.
The White House, May 22, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Agriculture.
para.62.20 message from the president--national science foundation
The SPEAKER pro tempore, Mr. HOBSON, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by the provisions of section 3(f) of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1862(f)), I transmit
herewith the combined annual reports of the National Science Foundation
for fiscal years 1994 and 1995.
William J. Clinton.
The White House, May 22, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Science.
para.62.21 subpoena
The SPEAKER pro tempore, Mr. HOBSON, laid before the House the fol
[[Page 1236]]
lowing communication from Mr. McInnis:
U.S. Congress,
House of Representatives,
Washington, DC, May 21, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House, that I have been
served with a subpoena issued by the County Court of El Paso
County, Colorado.
After consultation with the General Counsel, I will make
the determinations required by the Rule.
Sincerely,
Scott McInnis,
Member of Congress.
para.62.22 providing for the consideration of h.r. 3448 and h.r. 1227
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 440):
Resolved, That upon the adoption of this resolution it
shall be in order without intervention of any point of order
(except those arising under section 425(a) of the
Congressional Budget Act of 1974) to consider in the House
the bill (H.R. 3448) to provide tax relief for small
businesses, to protect jobs, to create opportunities, to
increase the take home pay of workers, and for other
purposes. The amendment in the nature of a substitute
recommended by the Committee on Ways and Means now printed in
the bill shall be considered as read. All points of order
against the committee amendment (except those arising under
section 425(a) of the Congressional Budget Act of 1974) are
waived. The bill and the amendment shall be debatable for one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Means.
The previous question shall be considered as ordered on the
bill and the amendment to final passage without intervening
motion except one motion to recommit with or without
instructions. The yeas and nays shall be considered as
ordered on the question of passage of the bill and on any
conference report thereon. Clause 5(c) of rule XXI shall not
apply to the bill, amendments thereto, or conference report
thereon.
Sec. 2. After disposition of H.R. 3448 it shall be in order
without intervention of any point of order (except those
arising under section 425(a) of the Congressional Budget Act
of 1974) to consider in the House the bill (H.R. 1227) to
amend the Portal-to-Portal Act of 1947 relating to the
payment of wages to employees who use employer owned
vehicles. The amendment in the nature of a substitute
recommended by the Committee on Economic and educational
Opportunities now printed in the bill, modified by the
amendment printed in section 3 of this resolution, shall be
considered as adopted. The previous question shall be
considered as ordered on the bill, as amended, and any
further amendment thereto to final passage without
intervening motion except: (1) ninety minutes of debate on
the bill, which shall be equally divided and controlled by
the chairman and ranking minority member of the Committee on
Economic and Educational Opportunities; (2) the further
amendment printed in part 1 of the report of the Committee on
Rules accompanying this resolution, which may be offered only
by Representative Riggs of California or his designees, shall
be in order without intervention of any point of order
(except those arising under section 425(a) of the
Congressional Budget Act of 1974), shall be considered as
read, shall be separately debatable for ninety minutes
equally divided and controlled by the proponent and an
opponent, and shall not be subject to a demand for division
of the question; (3) the further amendment printed in part 2
of the report of the Committee on Rules accompanying this
resolution, which may be offered only by Representative
Goodling of Pennsylvania or his designee, shall be in order
without intervention of any point of order (except those
arising under section 425 (a) of the Congressional Budget Act
of 1974), shall be considered as read, shall be separately
debatable for one hour equally divided and controlled by the
proponent and an opponent, and on which the question shall be
divided between the proposed subsection 3(d) and the
remainder of the proposed section 3(and shall not otherwise
be subject to a demand for division of the question); and (4)
one motion to recommit with or without instructions.
Sec. 3. The amendment in the nature of a substitute
recommended by the Committee on Economic and Educational
Opportunities now printed in H.R. 1227 is modified by the
following amendment: Immediately after the enacting clause
insert the following new section (and redesignate succeeding
sections accordingly):
``Section 1. This Act may be cited as the `Employee
Commuting Flexibility Act of 1996'.''.
Sec. 4. (a) In the engrossment of H.R. 3448, the Clerk
shall--
(1) await the disposition of H.R. 1227 pursuant to section
2 of this resolution;
(2) add the text of H.R. 1227, as passed by the House, as
new matter at the end of H.R. 3448;
(3) conform the title of H.R. 3448 to reflect the addition
of the text of H.R. 1227 to the engrossment;
(4) assign appropriate designations to titles within the
engrossment; and
(5) conform provisions for short titles within the
engrossment.
(b) Upon the addition of the text of H.R. 1227 to the
engrossment of H.R. 3448, H.R. 1227 shall be laid on the
table.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HOBSON, announced that the nays had it.
Mr. SOLOMON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
219
When there appeared
<3-line {>
Nays
211
para.62.23 [Roll No. 189]
YEAS--219
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--211
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bartlett
Barton
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunning
Cardin
Chapman
Christensen
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cubin
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Largent
Levin
Lewis (GA)
Lewis (KY)
Lincoln
Lipinski
[[Page 1237]]
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shadegg
Sisisky
Skaggs
Skelton
Slaughter
Souder
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--4
Bliley
Molinari
Payne (VA)
Scarborough
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.62.24 permission to file report
On motion of Mrs. VUCANOVICH, by unanimous consent, the Committee on
Appropriations was granted permission until midnight Thursday, May 23,
1996, to file a privileged report on a bill making appropriations for
military construction for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.62.25 small business job protection
Mr. ARCHER, pursuant to House Resolution 440, called up the bill (H.R.
3448) to provide tax relief for small businesses, to protect jobs, to
create opportunities, to increase the take home pay of workers, and for
other purposes.
When said bill was considered and read twice.
After debate,
Pursuant to House Resolution 440, the previous question was ordered on
the committee amendment in the nature of a substitute and the bill.
The following committee amendment in the nature of a substitute was
agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small
Business Job Protection Act of 1996''.
(b) Table of Contents.--
TITLE I--SMALL BUSINESS AND OTHER TAX PROVISIONS
Sec. 1101. Amendment of 1986 Code.
Sec. 1102. Underpayments of estimated tax.
Subtitle A--Expensing; Etc.
Sec. 1111. Increase in expense treatment for small businesses.
Sec. 1112. Treatment of employee tips.
Sec. 1113. Treatment of storage of product samples.
Sec. 1114. Treatment of certain charitable risk pools.
Sec. 1115. Treatment of dues paid to agricultural or horticultural
organizations.
Sec. 1116. Clarification of employment tax status of certain fishermen;
information reporting.
Subtitle B--Extension of Certain Expiring Provisions
Sec. 1201. Work opportunity tax credit.
Sec. 1202. Employer-provided educational assistance programs.
Sec. 1203. FUTA exemption for alien agricultural workers.
Subtitle C--Provisions Relating to S Corporations
Sec. 1301. S corporations permitted to have 75 shareholders.
Sec. 1302. Electing small business trusts.
Sec. 1303. Expansion of post-death qualification for certain trusts.
Sec. 1304. Financial institutions permitted to hold safe harbor debt.
Sec. 1305. Rules relating to inadvertent terminations and invalid
elections.
Sec. 1306. Agreement to terminate year.
Sec. 1307. Expansion of post-termination transition period.
Sec. 1308. S corporations permitted to hold subsidiaries.
Sec. 1309. Treatment of distributions during loss years.
Sec. 1310. Treatment of S corporations under subchapter C.
Sec. 1311. Elimination of certain earnings and profits.
Sec. 1312. Carryover of disallowed losses and deductions under at-risk
rules allowed.
Sec. 1313. Adjustments to basis of inherited S stock to reflect certain
items of income.
Sec. 1314. S corporations eligible for rules applicable to real
property subdivided for sale by noncorporate taxpayers.
Sec. 1315. Effective date.
Subtitle D--Pension Simplification
Chapter 1--Simplified Distribution Rules
Sec. 1401. Repeal of 5-year income averaging for lump-sum
distributions.
Sec. 1402. Repeal of $5,000 exclusion of employees' death benefits.
Sec. 1403. Simplified method for taxing annuity distributions under
certain employer plans.
Sec. 1404. Required distributions.
Chapter 2--Increased Access to Pension Plans
SUBCHAPTER A--SIMPLE SAVINGS PLANS
Sec. 1421. Establishment of savings incentive match plans for employees
of small employers.
Sec. 1422. Extension of simple plan to 401(k) arrangements.
SUBCHAPTER B--OTHER PROVISIONS
Sec. 1426. Tax-exempt organizations eligible under section 401(k).
Chapter 3--Nondiscrimination Provisions
Sec. 1431. Definition of highly compensated employees; repeal of family
aggregation.
Sec. 1432. Modification of additional participation requirements.
Sec. 1433. Nondiscrimination rules for qualified cash or deferred
arrangements and matching contributions.
Sec. 1434. Definition of compensation for section 415 purposes.
Chapter 4--Miscellaneous Provisions
Sec. 1441. Plans covering self-employed individuals.
Sec. 1442. Elimination of special vesting rule for multiemployer plans.
Sec. 1443. Distributions under rural cooperative plans.
Sec. 1444. Treatment of governmental plans under section 415.
Sec. 1445. Uniform retirement age.
Sec. 1446. Contributions on behalf of disabled employees.
Sec. 1447. Treatment of deferred compensation plans of State and local
governments and tax-exempt organizations.
Sec. 1448. Trust requirement for deferred compensation plans of State
and local governments.
Sec. 1449. Transition rule for computing maximum benefits under section
415 limitations.
Sec. 1450. Modifications of section 403(b).
Sec. 1451. Waiver of minimum period for joint and survivor annuity
explanation before annuity starting date.
Sec. 1452. Repeal of limitation in case of defined benefit plan and
defined contribution plan for same employee; excess
distributions.
Sec. 1453. Tax on prohibited transactions.
Sec. 1454. Treatment of leased employees.
Sec. 1455. Uniform penalty provisions to apply to certain pension
reporting requirements.
Sec. 1456. Retirement benefits of ministers not subject to tax on net
earnings from self-employment.
Sec. 1457. Date for adoption of plan amendments.
Subtitle E--Foreign Simplification
Sec. 1501. Repeal of inclusion of certain earnings invested in excess
passive assets.
Subtitle F--Revenue Offsets
Sec. 1601. Termination of Puerto Rico and possession tax credit.
Sec. 1602. Repeal of exclusion for interest on loans used to acquire
employer securities.
Sec. 1603. Certain amounts derived from foreign corporations treated as
unrelated business taxable income.
Sec. 1604. Depreciation under income forecast method.
Sec. 1605. Repeal of exclusion for punitive damages and for damages not
attributable to physical injuries or sickness.
Sec. 1606. Repeal of diesel fuel tax rebate to purchasers of diesel-
powered automobiles and light trucks.
Subtitle G--Technical Corrections
Sec. 1701. Coordination with other subtitles.
Sec. 1702. Amendments related to Revenue Reconciliation Act of 1990.
Sec. 1703. Amendments related to Revenue Reconciliation Act of 1993.
Sec. 1704. Miscellaneous provisions.
TITLE II--PAYMENT OF WAGES
Section 1. Short title.
Sec. 2. Proper compensation for use of employer vehicles.
Sec. 3. Effective date.
Sec. 4. Minimum wage increase.
Sec. 5. Fair Labor Standards Act Amendments.
TITLE I--SMALL BUSINESS AND OTHER TAX PROVISIONS
SEC. 1101. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision,
[[Page 1238]]
the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 1102. UNDERPAYMENTS OF ESTIMATED TAX.
No addition to the tax shall be made under section 6654 or
6655 of the Internal Revenue Code of 1986 (relating to
failure to pay estimated tax) with respect to any
underpayment of an installment required to be paid before the
date of the enactment of this Act to the extent such
underpayment was created or increased by any provision of
this title.
Subtitle A--Expensing; Etc.
SEC. 1111. INCREASE IN EXPENSE TREATMENT FOR SMALL
BUSINESSES.
(a) General Rule.--Paragraph (1) of section 179(b)
(relating to dollar limitation) is amended to read as
follows:
``(1) Dollar limitation.--The aggregate cost which may be
taken into account under subsection (a) for any taxable year
shall not exceed the following applicable amount:
``If thThe applicable
amount is:
1996.....................................................$18,500
1997..................................................... 19,000
1998..................................................... 20,000
1999..................................................... 21,000
2000..................................................... 22,000
2001..................................................... 23,000
2002..................................................... 23,500
2003 or thereafter.................................... 25,000.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
1995.
SEC. 1112. TREATMENT OF EMPLOYEE TIPS.
(a) Employee Cash Tips.--
(1) Reporting requirement not considered.--Subparagraph (A)
of section 45B(b)(1) (relating to excess employer social
security tax) is amended by inserting ``(without regard to
whether such tips are reported under section 6053)'' after
``section 3121(q)''.
(2) Taxes paid.--Subsection (d) of section 13443 of the
Revenue Reconciliation Act of 1993 is amended by inserting
``, with respect to services performed before, on, or after
such date'' after ``1993''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the amendments made by,
and the provisions of, section 13443 of the Revenue
Reconciliation Act of 1993.
(b) Tips for Employees Delivering Food or Beverages.--
(1) In general.--Paragraph (2) of section 45B(b) is amended
to read as follows:
``(2) Only tips received for food or beverages taken into
account.--In applying paragraph (1), there shall be taken
into account only tips received from customers in connection
with the delivering or serving of food or beverages for
consumption if the tipping of employees delivering or serving
food or beverages by customers is customary.''
(2) Effective date.--The amendment made by paragraph (1)
shall apply to tips received for services performed after
December 31, 1996.
SEC. 1113. TREATMENT OF STORAGE OF PRODUCT SAMPLES.
(a) In General.--Paragraph (2) of section 280A(c) is
amended by striking ``inventory'' and inserting ``inventory
or product samples''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
1995.
SEC. 1114. TREATMENT OF CERTAIN CHARITABLE RISK POOLS.
(a) General Rule.--Section 501 (relating to exemption from
tax on corporations, certain trusts, etc.) is amended by
redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Charitable Risk Pools.--
``(1) In general.--For purposes of this title--
``(A) a qualified charitable risk pool shall be treated as
an organization organized and operated exclusively for
charitable purposes, and
``(B) subsection (m) shall not apply to a qualified
charitable risk pool.
``(2) Qualified charitable risk pool.--For purposes of this
subsection, the term `qualified charitable risk pool' means
any organization--
``(A) which is organized and operated solely to pool
insurable risks of its members (other than risks related to
medical malpractice) and to provide information to its
members with respect to loss control and risk management,
``(B) which is comprised solely of members that are
organizations described in subsection (c)(3) and exempt from
tax under subsection (a), and
``(C) which meets the organizational requirements of
paragraph (3).
``(3) Organizational requirements.--An organization
(hereinafter in this subsection referred to as the `risk
pool') meets the organizational requirements of this
paragraph if--
``(A) such risk pool is organized as a nonprofit
organization under State law provisions authorizing risk
pooling arrangements for charitable organizations,
``(B) such risk pool is exempt from any income tax imposed
by the State (or will be so exempt after such pool qualifies
as an organization exempt from tax under this title),
``(C) such risk pool has obtained at least $1,000,000 in
startup capital from nonmember charitable organizations,
``(D) such risk pool is controlled by a board of directors
elected by its members, and
``(E) the organizational documents of such risk pool
require that--
``(i) each member of such pool shall at all times be an
organization described in subsection (c)(3) and exempt from
tax under subsection (a),
``(ii) any member which receives a final determination that
it no longer qualifies as an organization described in
subsection (c)(3) shall immediately notify the pool of such
determination and the effective date of such determination,
and
``(iii) each policy of insurance issued by the risk pool
shall provide that such policy will not cover the insured
with respect to events occurring after the date such final
determination was issued to the insured.
An organization shall not cease to qualify as a qualified
charitable risk pool solely by reason of the failure of any
of its members to continue to be an organization described in
subsection (c)(3) if, within a reasonable period of time
after such pool is notified as required under subparagraph
(C)(ii), such pool takes such action as may be reasonably
necessary to remove such member from such pool.
``(4) Other definitions.--For purposes of this subsection--
``(A) Startup capital.--The term `startup capital' means
any capital contributed to, and any program-related
investments (within the meaning of section 4944(c)) made in,
the risk pool before such pool commences operations.
``(B) Nonmember charitable organization.--The term
`nonmember charitable organization' means any organization
which is described in subsection (c)(3) and exempt from tax
under subsection (a) and which is not a member of the risk
pool and does not benefit (directly or indirectly) from the
insurance coverage provided by the pool to its members.''
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 1115. TREATMENT OF DUES PAID TO AGRICULTURAL OR
HORTICULTURAL ORGANIZATIONS.
(a) General Rule.--Section 512 (defining unrelated business
taxable income) is amended by adding at the end thereof the
following new subsection:
``(d) Treatment of Dues of Agricultural or Horticultural
Organizations.--
``(1) In general.--If--
``(A) an agricultural or horticultural organization
described in section 501(c)(5) requires annual dues to be
paid in order to be a member of such organization, and
``(B) the amount of such required annual dues does not
exceed $100,
in no event shall any portion of such dues be treated as
derived by such organization from an unrelated trade or
business by reason of any benefits or privileges to which
members of such organization are entitled.
``(2) Indexation of $100 amount.--In the case of any
taxable year beginning in a calendar year after 1995, the
$100 amount in paragraph (1) shall be increased by an amount
equal to--
``(A) $100, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 1994' for
`calendar year 1992' in subparagraph (B) thereof.
``(3) Dues.--For purposes of this subsection, the term
`dues' includes any payment required to be made in order to
be recognized by the organization as a member of the
organization.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
1994.
SEC. 1116. CLARIFICATION OF EMPLOYMENT TAX STATUS OF CERTAIN
FISHERMEN; INFORMATION REPORTING.
(a) Clarification of Employment Tax Status.--
(1) Amendments of internal revenue code of 1986.--
(A) Determination of size of crew.--Subsection (b) of
section 3121 (defining employment) is amended by adding at
the end thereof the following new sentence:
``For purposes of paragraph (20), the operating crew of a
boat shall be treated as normally made up of fewer than 10
individuals if the average size of the operating crew on
trips made during the preceding 4 calendar quarters consisted
of fewer than 10 individuals.''.
(B) Certain cash remuneration permitted.--Subparagraph (A)
of section 3121(b)(20) is amended to read as follows:
``(A) such individual does not receive any cash
remuneration other than as provided in subparagraph (B) and
other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum catch; and
``(iii) which is paid solely for additional duties (such as
mate, engineer, or cook) for which additional cash
remuneration is traditional in the industry,''.
(C) Conforming amendment.--Section 6050A(a) is amended by
striking ``and'' at the end of paragraph (3), by striking the
period at the end of paragraph (4) and inserting ``; and'',
and by adding at the end thereof the following new paragraph:
``(5) any cash remuneration described in section
3121(b)(20)(A).''.
(2) Amendment of social security act.--
(A) Determination of size of crew.--Subsection (a) of
section 210 of the Social Security Act is amended by adding
at the end thereof the following new sentence:
``For purposes of paragraph (20), the operating crew of a
boat shall be treated as nor
[[Page 1239]]
mally made up of fewer than 10 individuals if the average
size of the operating crew on trips made during the preceding
4 calendar quarters consisted of fewer than 10
individuals.''.
(B) Certain cash remuneration permitted.--Subparagraph (A)
of section 210(a)(20) of such Act is amended to read as
follows:
``(A) such individual does not receive any additional
compensation other than as provided in subparagraph (B) and
other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum catch; and
``(iii) which is paid solely for additional duties (such as
mate, engineer, or cook) for which additional cash
remuneration is traditional in the industry,''.
(3) Effective date.--
(A) In general.--The amendments made by this subsection
shall apply to remuneration paid after December 31, 1996.
(B) Special rule.--The amendments made by this subsection
(other than paragraph (1)(C)) shall also apply to
remuneration paid after December 31, 1984, and before January
1, 1997, unless the payor treated such remuneration (when
paid) as being subject to tax under chapter 21 of the
Internal Revenue Code of 1986.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 68 (relating to information concerning transactions
with other persons) is amended by adding at the end the
following new section:
``SEC. 6050Q. RETURNS RELATING TO CERTAIN PURCHASES OF FISH.
``(a) Requirement of Reporting.--Every person--
``(1) who is engaged in the trade or business of purchasing
fish for resale from any person engaged in the trade or
business of catching fish; and
``(2) who makes payments in cash in the course of such
trade or business to such a person of $600 or more during any
calendar year for the purchase of fish,
shall make a return (at such times as the Secretary may
prescribe) described in subsection (b) with respect to each
person to whom such a payment was made during such calendar
year.
``(b) Return.--A return is described in this subsection if
such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each person to whom a
payment described in subsection (a)(2) was made during the
calendar year;
``(B) the aggregate amount of such payments made to such
person during such calendar year and the date and amount of
each such payment, and
``(C) such other information as the Secretary may require.
``(c) Statement To Be Furnished With Respect to Whom
Information is Required.--Every person required to make a
return under subsection (a) shall furnish to each person
whose name is required to be set forth in such return a
written statement showing--
``(1) the name and address of the person required to make
such a return, and
``(2) the aggregate amount of payments to the person
required to be shown on the return.
The written statement required under the preceding sentence
shall be furnished to the person on or before January 31 of
the year following the calendar year for which the return
under subsection (a) is required to be made.
``(d) Definitions.--For purposes of this section:
``(1) Cash.--The term `cash' has the meaning given such
term by section 6050I(d).
``(2) Fish.--The term `fish' includes other forms of
aquatic life.''.
(2) Technical amendments.--
(A) Subparagraph (A) of section 6724(d)(1) is amended by
striking ``or'' at the end of clause (vi), by striking
``and'' at the end of clause (vii) and inserting ``or'', and
by adding at the end the following new clause:
``(viii) section 6050Q (relating to returns relating to
certain purchases of fish), and''.
(B) Paragraph (2) of section 6724(d) is amended by
redesignating subparagraphs (Q) through (T) as subparagraphs
(R) through (U), respectively, and by inserting after
subparagraph (P) the following new subparagraph:
``(Q) section 6050Q(c) (relating to returns relating to
certain purchases of fish),''.
(C) The table of sections for subpart B of part III of
subchapter A of chapter 68 is amended by adding at the end
the following new item:
``Sec. 6050Q. Returns relating to certain purchases of fish.''.
(3) Effective date.--The amendments made by this subsection
shall apply to payments made after December 31, 1996.
Subtitle B--Extension of Certain Expiring Provisions
SEC. 1201. WORK OPPORTUNITY TAX CREDIT.
(a) Amount of Credit.--Subsection (a) of section 51
(relating to amount of credit) is amended by striking ``40
percent'' and inserting ``35 percent''.
(b) Members of Targeted Groups.--Subsection (d) of section
51 is amended to read as follows:
``(d) Members of Targeted Groups.--For purposes of this
subpart--
``(1) In general.--An individual is a member of a targeted
group if such individual is--
``(A) a qualified IV-A recipient,
``(B) a qualified veteran,
``(C) a qualified ex-felon,
``(D) a high-risk youth,
``(E) a vocational rehabilitation referral, or
``(F) a qualified summer youth employee.
``(2) Qualified iv-a recipient.--
``(A) In general.--The term `qualified IV-A recipient'
means any individual who is certified by the designated local
agency as being a member of a family receiving assistance
under a IV-A program for at least a 9-month period ending
during the 9-month period ending on the hiring date.
``(B) IV-A program.--For purposes of this paragraph, the
term `IV-A program' means any program providing assistance
under a State plan approved under part A of title IV of the
Social Security Act (relating to assistance for needy
families with minor children) and any successor of such
program.
``(3) Qualified veteran.--
``(A) In general.--The term `qualified veteran' means any
veteran who is certified by the designated local agency as
being--
``(i) a member of a family receiving assistance under a IV-
A program (as defined in paragraph (2)(B)) for at least a 9-
month period ending during the 12-month period ending on the
hiring date, or
``(ii) a member of a family receiving assistance under a
food stamp program under the Food Stamp Act of 1977 for at
least a 3-month period ending during the 12-month period
ending on the hiring date.
``(B) Veteran.--For purposes of subparagraph (A), the term
`veteran' means any individual who is certified by the
designated local agency as--
``(i)(I) having served on active duty (other than active
duty for training) in the Armed Forces of the United States
for a period of more than 180 days, or
``(II) having been discharged or released from active duty
in the Armed Forces of the United States for a service-
connected disability, and
``(ii) not having any day during the 60-day period ending
on the hiring date which was a day of extended active duty in
the Armed Forces of the United States.
For purposes of clause (ii), the term `extended active duty'
means a period of more than 90 days during which the
individual was on active duty (other than active duty for
training).
``(4) Qualified ex-felon.--The term `qualified ex-felon'
means any individual who is certified by the designated local
agency--
``(A) as having been convicted of a felony under any
statute of the United States or any State,
``(B) as having a hiring date which is not more than 1 year
after the last date on which such individual was so convicted
or was released from prison, and
``(C) as being a member of a family which had an income
during the 6 months immediately preceding the earlier of the
month in which such income determination occurs or the month
in which the hiring date occurs, which, on an annual basis,
would be 70 percent or less of the Bureau of Labor Statistics
lower living standard.
Any determination under subparagraph (C) shall be valid for
the 45-day period beginning on the date such determination is
made.
``(5) High-risk youth.--
``(A) In general.--The term `high-risk youth' means any
individual who is certified by the designated local agency--
``(i) as having attained age 18 but not age 25 on the
hiring date, and
``(ii) as having his principal place of abode within an
empowerment zone or enterprise community.
``(B) Youth must continue to reside in zone.--In the case
of a high-risk youth, the term `qualified wages' shall not
include wages paid or incurred for services performed while
such youth's principal place of abode is outside an
empowerment zone or enterprise community.
``(6) Vocational rehabilitation referral.--The term
`vocational rehabilitation referral' means any individual who
is certified by the designated local agency as--
``(A) having a physical or mental disability which, for
such individual, constitutes or results in a substantial
handicap to employment, and
``(B) having been referred to the employer upon completion
of (or while receiving) rehabilitative services pursuant to--
``(i) an individualized written rehabilitation plan under a
State plan for vocational rehabilitation services approved
under the Rehabilitation Act of 1973, or
``(ii) a program of vocational rehabilitation carried out
under chapter 31 of title 38, United States Code.
``(7) Qualified summer youth employee.--
``(A) In general.--The term `qualified summer youth
employee' means any individual--
``(i) who performs services for the employer between May 1
and September 15,
``(ii) who is certified by the designated local agency as
having attained age 16 but not 18 on the hiring date (or if
later, on May 1 of the calendar year involved),
``(iii) who has not been an employee of the employer during
any period prior to the 90-day period described in
subparagraph (B)(i), and
``(iv) who is certified by the designated local agency as
having his principal place of abode within an empowerment
zone or enterprise community.
[[Page 1240]]
``(B) Special rules for determining amount of credit.--For
purposes of applying this subpart to wages paid or incurred
to any qualified summer youth employee--
``(i) subsection (b)(2) shall be applied by substituting
`any 90-day period between May 1 and September 15' for `the
1-year period beginning with the day the individual begins
work for the employer', and
``(ii) subsection (b)(3) shall be applied by substituting
`$3,000' for `$6,000'.
The preceding sentence shall not apply to an individual who,
with respect to the same employer, is certified as a member
of another targeted group after such individual has been a
qualified summer youth employee.
``(C) Youth must continue to reside in zone.--Paragraph
(5)(B) shall apply for purposes of this paragraph.
``(8) Hiring date.--The term `hiring date' means the day
the individual is hired by the employer.
``(9) Designated local agency.--The term `designated local
agency' means a State employment security agency established
in accordance with the Act of June 6, 1933, as amended (29
U.S.C. 49-49n).
``(10) Special rules for certifications.--
``(A) In general.--An individual shall not be treated as a
member of a targeted group unless--
``(i) on or before the day on which such individual begins
work for the employer, the employer has received a
certification from a designated local agency that such
individual is a member of a targeted group, or
``(ii)(I) on or before the day the individual is offered
employment with the employer, a pre-screening notice is
completed by the employer with respect to such individual,
and
``(II) not later than the 14th day after the individual
begins work for the employer, the employer submits such
notice, signed by the employer and the individual under
penalties of perjury, to the designated local agency as part
of a written request for such a certification from such
agency.
For purposes of this paragraph, the term `pre-screening
notice' means a document (in such form as the Secretary shall
prescribe) which contains information provided by the
individual on the basis of which the employer believes that
the individual is a member of a targeted group.
``(B) Incorrect certifications.--If--
``(i) an individual has been certified by a designated
local agency as a member of a targeted group, and
``(ii) such certification is incorrect because it was based
on false information provided by such individual,
the certification shall be revoked and wages paid by the
employer after the date on which notice of revocation is
received by the employer shall not be treated as qualified
wages.
``(C) Explanation of denial of request.--If a designated
local agency denies a request for certification of membership
in a targeted group, such agency shall provide to the person
making such request a written explanation of the reasons for
such denial.''.
(c) Minimum Employment Period.--Paragraph (3) of section
51(i) (relating to certain individuals ineligible) is amended
to read as follows:
``(3) Individuals not meeting minimum employment period.--
No wages shall be taken into account under subsection (a)
with respect to any individual unless such individual
either--
``(A) is employed by the employer at least 180 days (20
days in the case of a qualified summer youth employee), or
``(B) has completed at least 500 hours (120 hours in the
case of a qualified summer youth employee) of services
performed for the employer.''.
(d) Termination.--Paragraph (4) of section 51(c) (relating
to wages defined) is amended to read as follows:
``(4) Termination.--The term `wages' shall not include any
amount paid or incurred to an individual who begins work for
the employer--
``(A) after December 31, 1994, and before July 1, 1996, or
``(B) after June 30, 1997.''.
(e) Redesignation of Credit.--
(1) Sections 38(b)(2) and 51(a) are each amended by
striking ``targeted jobs credit'' and inserting ``work
opportunity credit''.
(2) The subpart heading for subpart F of part IV of
subchapter A of chapter 1 is amended by striking ``Targeted
Jobs Credit'' and inserting ``Work Opportunity Credit''.
(3) The table of subparts for such part IV is amended by
striking ``targeted jobs credit'' and inserting ``work
opportunity credit''.
(4) The heading for paragraph (3) of section 1396(c) is
amended by striking ``targeted jobs credit'' and inserting
``work opportunity credit''.
(f) Technical Amendment.--Paragraph (1) of section 51(c) is
amended by striking ``, subsection (d)(8)(D),''.
(g) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after June 30, 1996.
SEC. 1202. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Extension.--Subsection (d) of section 127 (relating to
educational assistance programs) is amended by striking
``December 31, 1994'' and inserting ``December 31, 1996''.
(b) Limitation to Education Below Graduate Level.--The last
sentence of section 127(c)(1) is amended by inserting before
the period ``or at the graduate level''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1994.
(2) Limitation.--The amendment made by subsection (b) shall
apply to taxable years beginning after December 31, 1995.
(3) Expedited procedures.--The Secretary of the Treasury
shall establish expedited procedures for the refund of any
overpayment of taxes imposed by chapter 24 of the Internal
Revenue Code of 1986 which is attributable to amounts
excluded from gross income during 1995 or 1996 under section
127 of such Code, including procedures waiving the
requirement that an employer obtain an employee's signature
where the employer demonstrates to the satisfaction of the
Secretary that any refund collected by the employer on behalf
of the employee will be paid to the employee.
SEC. 1203. FUTA EXEMPTION FOR ALIEN AGRICULTURAL WORKERS.
(a) In General.--Subparagraph (B) of section 3306(c)(1)
(defining employment) is amended by striking ``before January
1, 1995,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to services performed after December 31, 1994.
Subtitle C--Provisions Relating to S Corporations
SEC. 1301. S CORPORATIONS PERMITTED TO HAVE 75 SHAREHOLDERS.
Subparagraph (A) of section 1361(b)(1) (defining small
business corporation) is amended by striking ``35
shareholders'' and inserting ``75 shareholders''.
SEC. 1302. ELECTING SMALL BUSINESS TRUSTS.
(a) General Rule.--Subparagraph (A) of section 1361(c)(2)
(relating to certain trusts permitted as shareholders) is
amended by inserting after clause (iv) the following new
clause:
``(v) An electing small business trust.''.
(b) Current Beneficiaries Treated as Shareholders.--
Subparagraph (B) of section 1361(c)(2) is amended by adding
at the end the following new clause:
``(v) In the case of a trust described in clause (v) of
subparagraph (A), each potential current beneficiary of such
trust shall be treated as a shareholder; except that, if for
any period there is no potential current beneficiary of such
trust, such trust shall be treated as the shareholder during
such period.''.
(c) Electing Small Business Trust Defined.--Section 1361
(defining S corporation) is amended by adding at the end the
following new subsection:
``(e) Electing Small Business Trust Defined.--
``(1) Electing small business trust.--For purposes of this
section--
``(A) In general.--Except as provided in subparagraph (B),
the term `electing small business trust' means any trust if--
``(i) such trust does not have as a beneficiary any person
other than (I) an individual, (II) an estate, or (III) an
organization described in paragraph (2), (3), (4), or (5) of
section 170(c) which holds a contingent interest and is not a
potential current beneficiary,
``(ii) no interest in such trust was acquired by purchase,
and
``(iii) an election under this subsection applies to such
trust.
``(B) Certain trusts not eligible.--The term `electing
small business trust' shall not include--
``(i) any qualified subchapter S trust (as defined in
subsection (d)(3)) if an election under subsection (d)(2)
applies to any corporation the stock of which is held by such
trust, and
``(ii) any trust exempt from tax under this subtitle.
``(C) Purchase.--For purposes of subparagraph (A), the term
`purchase' means any acquisition if the basis of the property
acquired is determined under section 1012.
``(2) Potential current beneficiary.--For purposes of this
section, the term `potential current beneficiary' means, with
respect to any period, any person who at any time during such
period is entitled to, or at the discretion of any person may
receive, a distribution from the principal or income of the
trust. If a trust disposes of all of the stock which it holds
in an S corporation, then, with respect to such corporation,
the term `potential current beneficiary' does not include any
person who first met the requirements of the preceding
sentence during the 60-day period ending on the date of such
disposition.
``(3) Election.--An election under this subsection shall be
made by the trustee. Any such election shall apply to the
taxable year of the trust for which made and all subsequent
taxable years of such trust unless revoked with the consent
of the Secretary.
``(4) Cross reference.--
``For special treatment of electing small business trusts, see
section 641(d).''.
(d) Taxation of Electing Small Business Trusts.--Section
641 (relating to imposition of tax on trusts) is amended by
adding at the end the following new subsection:
``(d) Special Rules for Taxation of Electing Small Business
Trusts.--
``(1) In general.--For purposes of this chapter--
``(A) the portion of any electing small business trust
which consists of stock in 1 or more S corporations shall be
treated as a separate trust, and
``(B) the amount of the tax imposed by this chapter on such
separate trust shall be determined with the modifications of
paragraph (2).
[[Page 1241]]
``(2) Modifications.--For purposes of paragraph (1), the
modifications of this paragraph are the following:
``(A) Except as provided in section 1(h), the amount of the
tax imposed by section 1(e) shall be determined by using the
highest rate of tax set forth in section 1(e).
``(B) The exemption amount under section 55(d) shall be
zero.
``(C) The only items of income, loss, deduction, or credit
to be taken into account are the following:
``(i) The items required to be taken into account under
section 1366.
``(ii) Any gain or loss from the disposition of stock in an
S corporation.
``(iii) To the extent provided in regulations, State or
local income taxes or administrative expenses to the extent
allocable to items described in clauses (i) and (ii).
No deduction or credit shall be allowed for any amount not
described in this paragraph, and no item described in this
paragraph shall be apportioned to any beneficiary.
``(D) No amount shall be allowed under paragraph (1) or (2)
of section 1211(b).
``(3) Treatment of remainder of trust and distributions.--
For purposes of determining--
``(A) the amount of the tax imposed by this chapter on the
portion of any electing small business trust not treated as a
separate trust under paragraph (1), and
``(B) the distributable net income of the entire trust,
the items referred to in paragraph (2)(C) shall be excluded.
Except as provided in the preceding sentence, this subsection
shall not affect the taxation of any distribution from the
trust.
``(4) Treatment of unused deductions where termination of
separate trust.--If a portion of an electing small business
trust ceases to be treated as a separate trust under
paragraph (1), any carryover or excess deduction of the
separate trust which is referred to in section 642(h) shall
be taken into account by the entire trust.
``(5) Electing small business trust.--For purposes of this
subsection, the term `electing small business trust' has the
meaning given such term by section 1361(e)(1).''.
(e) Technical Amendment.--Paragraph (1) of section 1366(a)
is amended by inserting ``, or of a trust or estate which
terminates,'' after ``who dies''.
SEC. 1303. EXPANSION OF POST-DEATH QUALIFICATION FOR CERTAIN
TRUSTS.
Subparagraph (A) of section 1361(c)(2) (relating to certain
trusts permitted as shareholders) is amended--
(1) by striking ``60-day period'' each place it appears in
clauses (ii) and (iii) and inserting ``2-year period'', and
(2) by striking the last sentence in clause (ii).
SEC. 1304. FINANCIAL INSTITUTIONS PERMITTED TO HOLD SAFE
HARBOR DEBT.
Clause (iii) of section 1361(c)(5)(B) (defining straight
debt) is amended by striking ``or a trust described in
paragraph (2)'' and inserting ``a trust described in
paragraph (2), or a person which is actively and regularly
engaged in the business of lending money''.
SEC. 1305. RULES RELATING TO INADVERTENT TERMINATIONS AND
INVALID ELECTIONS.
(a) General Rule.--Subsection (f) of section 1362 (relating
to inadvertent terminations) is amended to read as follows:
``(f) Inadvertent Invalid Elections or Terminations.--If--
``(1) an election under subsection (a) by any corporation--
``(A) was not effective for the taxable year for which made
(determined without regard to subsection (b)(2)) by reason of
a failure to meet the requirements of section 1361(b) or to
obtain shareholder consents, or
``(B) was terminated under paragraph (2) or (3) of
subsection (d),
``(2) the Secretary determines that the circumstances
resulting in such ineffectiveness or termination were
inadvertent,
``(3) no later than a reasonable period of time after
discovery of the circumstances resulting in such
ineffectiveness or termination, steps were taken--
``(A) so that the corporation is a small business
corporation, or
``(B) to acquire the required shareholder consents, and
``(4) the corporation, and each person who was a
shareholder in the corporation at any time during the period
specified pursuant to this subsection, agrees to make such
adjustments (consistent with the treatment of the corporation
as an S corporation) as may be required by the Secretary with
respect to such period,
then, notwithstanding the circumstances resulting in such
ineffectiveness or termination, such corporation shall be
treated as an S corporation during the period specified by
the Secretary.''.
(b) Late Elections, Etc.--Subsection (b) of section 1362 is
amended by adding at the end the following new paragraph:
``(5) Authority to treat late elections, etc., as timely.--
If--
``(A) an election under subsection (a) is made for any
taxable year (determined without regard to paragraph (3))
after the date prescribed by this subsection for making such
election for such taxable year or no such election is made
for any taxable year, and
``(B) the Secretary determines that there was reasonable
cause for the failure to timely make such election,
the Secretary may treat such an election as timely made for
such taxable year (and paragraph (3) shall not apply).''.
(c) Effective Date.--The amendments made by subsection (a)
and (b) shall apply with respect to elections for taxable
years beginning after December 31, 1982.
SEC. 1306. AGREEMENT TO TERMINATE YEAR.
Paragraph (2) of section 1377(a) (relating to pro rata
share) is amended to read as follows:
``(2) Election to terminate year.--
``(A) In general.--Under regulations prescribed by the
Secretary, if any shareholder terminates the shareholder's
interest in the corporation during the taxable year and all
affected shareholders and the corporation agree to the
application of this paragraph, paragraph (1) shall be applied
to the affected shareholders as if the taxable year consisted
of 2 taxable years the first of which ends on the date of the
termination.
``(B) Affected shareholders.--For purposes of subparagraph
(A), the term `affected shareholders' means the shareholder
whose interest is terminated and all shareholders to whom
such shareholder has transferred shares during the taxable
year. If such shareholder has transferred shares to the
corporation, the term `affected shareholders' shall include
all persons who are shareholders during the taxable year.''.
SEC. 1307. EXPANSION OF POST-TERMINATION TRANSITION PERIOD.
(a) In General.--Paragraph (1) of section 1377(b) (relating
to post-termination transition period) is amended by striking
``and'' at the end of subparagraph (A), by redesignating
subparagraph (B) as subparagraph (C), and by inserting after
subparagraph (A) the following new subparagraph:
``(B) the 120-day period beginning on the date of any
determination pursuant to an audit of the taxpayer which
follows the termination of the corporation's election and
which adjusts a subchapter S item of income, loss, or
deduction of the corporation arising during the S period (as
defined in section 1368(e)(2)), and''.
(b) Determination Defined.--Paragraph (2) of section
1377(b) is amended by striking subparagraphs (A) and (B), by
redesignating subparagraph (C) as subparagraph (B), and by
inserting before subparagraph (B) (as so redesignated) the
following new subparagraph:
``(A) a determination as defined in section 1313(a), or''.
(c) Repeal of Special Audit Provisions for Subchapter S
Items.--
(1) General rule.--Subchapter D of chapter 63 (relating to
tax treatment of subchapter S items) is hereby repealed.
(2) Consistent treatment required.--Section 6037 (relating
to return of S corporation) is amended by adding at the end
the following new subsection:
``(c) Shareholder's Return Must Be Consistent With
Corporate Return or Secretary Notified of Inconsistency.--
``(1) In general.--A shareholder of an S corporation shall,
on such shareholder's return, treat a subchapter S item in a
manner which is consistent with the treatment of such item on
the corporate return.
``(2) Notification of inconsistent treatment.--
``(A) In general.--In the case of any subchapter S item,
if--
``(i)(I) the corporation has filed a return but the
shareholder's treatment on his return is (or may be)
inconsistent with the treatment of the item on the corporate
return, or
``(II) the corporation has not filed a return, and
``(ii) the shareholder files with the Secretary a statement
identifying the inconsistency,
paragraph (1) shall not apply to such item.
``(B) Shareholder receiving incorrect information.--A
shareholder shall be treated as having complied with clause
(ii) of subparagraph (A) with respect to a subchapter S item
if the shareholder--
``(i) demonstrates to the satisfaction of the Secretary
that the treatment of the subchapter S item on the
shareholder's return is consistent with the treatment of the
item on the schedule furnished to the shareholder by the
corporation, and
``(ii) elects to have this paragraph apply with respect to
that item.
``(3) Effect of failure to notify.--In any case--
``(A) described in subparagraph (A)(i)(I) of paragraph (2),
and
``(B) in which the shareholder does not comply with
subparagraph (A)(ii) of paragraph (2),
any adjustment required to make the treatment of the items by
such shareholder consistent with the treatment of the items
on the corporate return shall be treated as arising out of
mathematical or clerical errors and assessed according to
section 6213(b)(1). Paragraph (2) of section 6213(b) shall
not apply to any assessment referred to in the preceding
sentence.
``(4) Subchapter s item.--For purposes of this subsection,
the term `subchapter S item' means any item of an S
corporation to the extent that regulations prescribed by the
Secretary provide that, for purposes of this subtitle, such
item is more appropriately determined at the corporation
level than at the shareholder level.
``(5) Addition to tax for failure to comply with section.--
``For addition to tax in the case of a shareholder's negligence in
connection with, or disregard of, the requirements of this section, see
part II of subchapter A of chapter 68.''.
(3) Conforming amendments.--
(A) Section 1366 is amended by striking subsection (g).
(B) Subsection (b) of section 6233 is amended to read as
follows:
[[Page 1242]]
``(b) Similar Rules in Certain Cases.--If a partnership
return is filed for any taxable year but it is determined
that there is no entity for such taxable year, to the extent
provided in regulations, rules similar to the rules of
subsection (a) shall apply.''.
(C) The table of subchapters for chapter 63 is amended by
striking the item relating to subchapter D.
SEC. 1308. S CORPORATIONS PERMITTED TO HOLD SUBSIDIARIES.
(a) In General.--Paragraph (2) of section 1361(b) (defining
ineligible corporation) is amended by striking subparagraph
(A) and by redesignating subparagraphs (B), (C), (D), and (E)
as subparagraphs (A), (B), (C), and (D), respectively.
(b) Treatment of Certain Wholly Owned S Corporation
Subsidiaries.--Section 1361(b) (defining small business
corporation) is amended by adding at the end the following
new paragraph:
``(3) Treatment of certain wholly owned subsidiaries.--
``(A) In general.--For purposes of this title--
``(i) a corporation which is a qualified subchapter S
subsidiary shall not be treated as a separate corporation,
and
``(ii) all assets, liabilities, and items of income,
deduction, and credit of a qualified subchapter S subsidiary
shall be treated as assets, liabilities, and such items (as
the case may be) of the S corporation.
``(B) Qualified subchapter s subsidiary.--For purposes of
this paragraph, the term `qualified subchapter S subsidiary'
means any domestic corporation which is not an ineligible
corporation (as defined in paragraph (2)), if--
``(i) 100 percent of the stock of such corporation is held
by the S corporation, and
``(ii) the S corporation elects to treat such corporation
as a qualified subchapter S subsidiary.
``(C) Treatment of terminations of qualified subchapter s
subsidiary status.--For purposes of this title, if any
corporation which was a qualified subchapter S subsidiary
ceases to meet the requirements of subparagraph (B), such
corporation shall be treated as a new corporation acquiring
all of its assets (and assuming all of its liabilities)
immediately before such cessation from the S corporation in
exchange for its stock.''.
(c) Certain Dividends Not Treated as Passive Investment
Income.--Paragraph (3) of section 1362(d) is amended by
adding at the end the following new subparagraph:
``(F) Treatment of certain dividends.--If an S corporation
holds stock in a C corporation meeting the requirements of
section 1504(a)(2), the term `passive investment income'
shall not include dividends from such C corporation to the
extent such dividends are attributable to the earnings and
profits of such C corporation derived from the active conduct
of a trade or business.''.
(d) Conforming Amendments.--
(1) Subsection (c) of section 1361 is amended by striking
paragraph (6).
(2) Subsection (b) of section 1504 (defining includible
corporation) is amended by adding at the end the following
new paragraph:
``(8) An S corporation.''.
SEC. 1309. TREATMENT OF DISTRIBUTIONS DURING LOSS YEARS.
(a) Adjustments for Distributions Taken Into Account Before
Losses.--
(1) Subparagraph (A) of section 1366(d)(1) (relating to
losses and deductions cannot exceed shareholder's basis in
stock and debt) is amended by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)(A)''.
(2) Subsection (d) of section 1368 (relating to certain
adjustments taken into account) is amended by adding at the
end the following new sentence:
``In the case of any distribution made during any taxable
year, the adjusted basis of the stock shall be determined
with regard to the adjustments provided in paragraph (1) of
section 1367(a) for the taxable year.''.
(b) Accumulated Adjustments Account.--Paragraph (1) of
section 1368(e) (relating to accumulated adjustments account)
is amended by adding at the end the following new
subparagraph:
``(C) Net loss for year disregarded.--
``(i) In general.--In applying this section to
distributions made during any taxable year, the amount in the
accumulated adjustments account as of the close of such
taxable year shall be determined without regard to any net
negative adjustment for such taxable year.
``(ii) Net negative adjustment.--For purposes of clause
(i), the term `net negative adjustment' means, with respect
to any taxable year, the excess (if any) of--
``(I) the reductions in the account for the taxable year
(other than for distributions), over
``(II) the increases in such account for such taxable
year.''.
(c) Conforming Amendments.--Subparagraph (A) of section
1368(e)(1) is amended--
(1) by striking ``as provided in subparagraph (B)'' and
inserting ``as otherwise provided in this paragraph'', and
(2) by striking ``section 1367(b)(2)(A)'' and inserting
``section 1367(a)(2)''.
SEC. 1310. TREATMENT OF S CORPORATIONS UNDER SUBCHAPTER C.
Subsection (a) of section 1371 (relating to application of
subchapter C rules) is amended to read as follows:
``(a) Application of Subchapter C Rules.--Except as
otherwise provided in this title, and except to the extent
inconsistent with this subchapter, subchapter C shall apply
to an S corporation and its shareholders.''.
SEC. 1311. ELIMINATION OF CERTAIN EARNINGS AND PROFITS.
(a) In General.--If--
(1) a corporation was an electing small business
corporation under subchapter S of chapter 1 of the Internal
Revenue Code of 1986 for any taxable year beginning before
January 1, 1983, and
(2) such corporation is an S corporation under subchapter S
of chapter 1 of such Code for its first taxable year
beginning after December 31, 1996,
the amount of such corporation's accumulated earnings and
profits (as of the beginning of such first taxable year)
shall be reduced by an amount equal to the portion (if any)
of such accumulated earnings and profits which were
accumulated in any taxable year beginning before January 1,
1983, for which such corporation was an electing small
business corporation under such subchapter S.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 1362(d), as amended by section
1308, is amended--
(A) by striking ``subchapter c'' in the paragraph heading
and inserting ``accumulated'',
(B) by striking ``subchapter C'' in subparagraph (A)(i)(I)
and inserting ``accumulated'', and
(C) by striking subparagraph (B) and redesignating the
following subparagraphs accordingly.
(2)(A) Subsection (a) of section 1375 is amended by
striking ``subchapter C'' in paragraph (1) and inserting
``accumulated''.
(B) Paragraph (3) of section 1375(b) is amended to read as
follows:
``(3) Passive investment income, etc.--The terms `passive
investment income' and `gross receipts' have the same
respective meanings as when used in paragraph (3) of section
1362(d).''.
(C) The section heading for section 1375 is amended by
striking ``subchapter c'' and inserting ``accumulated''.
(D) The table of sections for part III of subchapter S of
chapter 1 is amended by striking ``subchapter C'' in the item
relating to section 1375 and inserting ``accumulated''.
(3) Clause (i) of section 1042(c)(4)(A) is amended by
striking ``section 1362(d)(3)(D)'' and inserting ``section
1362(d)(3)(C)''.
SEC. 1312. CARRYOVER OF DISALLOWED LOSSES AND DEDUCTIONS
UNDER AT-RISK RULES ALLOWED.
Paragraph (3) of section 1366(d) (relating to carryover of
disallowed losses and deductions to post-termination
transition period) is amended by adding at the end the
following new subparagraph:
``(D) At-risk limitations.--To the extent that any increase
in adjusted basis described in subparagraph (B) would have
increased the shareholder's amount at risk under section 465
if such increase had occurred on the day preceding the
commencement of the post-termination transition period, rules
similar to the rules described in subparagraphs (A) through
(C) shall apply to any losses disallowed by reason of section
465(a).''.
SEC. 1313. ADJUSTMENTS TO BASIS OF INHERITED S STOCK TO
REFLECT CERTAIN ITEMS OF INCOME.
(a) In General.--Subsection (b) of section 1367 (relating
to adjustments to basis of stock of shareholders, etc.) is
amended by adding at the end the following new paragraph:
``(4) Adjustments in case of inherited stock.--
``(A) In general.--If any person acquires stock in an S
corporation by reason of the death of a decedent or by
bequest, devise, or inheritance, section 691 shall be applied
with respect to any item of income of the S corporation in
the same manner as if the decedent had held directly his pro
rata share of such item.
``(B) Adjustments to basis.--The basis determined under
section 1014 of any stock in an S corporation shall be
reduced by the portion of the value of the stock which is
attributable to items constituting income in respect of the
decedent.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply in the case of decedents dying after the date of
the enactment of this Act.
SEC. 1314. S CORPORATIONS ELIGIBLE FOR RULES APPLICABLE TO
REAL PROPERTY SUBDIVIDED FOR SALE BY
NONCORPORATE TAXPAYERS.
(a) In General.--Subsection (a) of section 1237 (relating
to real property subdivided for sale) is amended by striking
``other than a corporation'' in the material preceding
paragraph (1) and inserting ``other than a C corporation''.
(b) Conforming Amendment.--Subparagraph (A) of section
1237(a)(2) is amended by inserting ``an S corporation which
included the taxpayer as a shareholder,'' after ``controlled
by the taxpayer,''.
SEC. 1315. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this
subtitle, the amendments made by this subtitle shall apply to
taxable years beginning after December 31, 1996.
(b) Treatment of Certain Elections Under Prior Law.--For
purposes of section 1362(g) of the Internal Revenue Code of
1986 (relating to election after termination), any
termination under section 1362(d) of such Code in a taxable
year beginning before January 1, 1997, shall not be taken
into account.
[[Page 1243]]
Subtitle D--Pension Simplification
CHAPTER 1--SIMPLIFIED DISTRIBUTION RULES
SEC. 1401. REPEAL OF 5-YEAR INCOME AVERAGING FOR LUMP-SUM
DISTRIBUTIONS.
(a) In General.--Subsection (d) of section 402 (relating to
taxability of beneficiary of employees' trust) is amended to
read as follows:
``(d) Taxability of Beneficiary of Certain Foreign Situs
Trusts.--For purposes of subsections (a), (b), and (c), a
stock bonus, pension, or profit-sharing trust which would
qualify for exemption from tax under section 501(a) except
for the fact that it is a trust created or organized outside
the United States shall be treated as if it were a trust
exempt from tax under section 501(a).''.
(b) Conforming Amendments.--
(1) Subparagraph (D) of section 402(e)(4) (relating to
other rules applicable to exempt trusts) is amended to read
as follows:
``(D) Lump-sum distribution.--For purposes of this
paragraph--
``(i) In general.--The term `lump sum distribution' means
the distribution or payment within one taxable year of the
recipient of the balance to the credit of an employee which
becomes payable to the recipient--
``(I) on account of the employee's death,
``(II) after the employee attains age 59\1/2\,
``(III) on account of the employee's separation from
service, or
``(IV) after the employee has become disabled (within the
meaning of section 72(m)(7)),
from a trust which forms a part of a plan described in
section 401(a) and which is exempt from tax under section 501
or from a plan described in section 403(a). Subclause (III)
of this clause shall be applied only with respect to an
individual who is an employee without regard to section
401(c)(1), and subclause (IV) shall be applied only with
respect to an employee within the meaning of section
401(c)(1). For purposes of this clause, a distribution to two
or more trusts shall be treated as a distribution to one
recipient. For purposes of this paragraph, the balance to the
credit of the employee does not include the accumulated
deductible employee contributions under the plan (within the
meaning of section 72(o)(5)).
``(ii) Aggregation of certain trusts and plans.--For
purposes of determining the balance to the credit of an
employee under clause (i)--
``(I) all trusts which are part of a plan shall be treated
as a single trust, all pension plans maintained by the
employer shall be treated as a single plan, all profit-
sharing plans maintained by the employer shall be treated as
a single plan, and all stock bonus plans maintained by the
employer shall be treated as a single plan, and
``(II) trusts which are not qualified trusts under section
401(a) and annuity contracts which do not satisfy the
requirements of section 404(a)(2) shall not be taken into
account.
``(iii) Community property laws.--The provisions of this
paragraph shall be applied without regard to community
property laws.
``(iv) Amounts subject to penalty.--This paragraph shall
not apply to amounts described in subparagraph (A) of section
72(m)(5) to the extent that section 72(m)(5) applies to such
amounts.
``(v) Balance to credit of employee not to include amounts
payable under qualified domestic relations order.--For
purposes of this paragraph, the balance to the credit of an
employee shall not include any amount payable to an alternate
payee under a qualified domestic relations order (within the
meaning of section 414(p)).
``(vi) Transfers to cost-of-living arrangement not treated
as distribution.--For purposes of this paragraph, the balance
to the credit of an employee under a defined contribution
plan shall not include any amount transferred from such
defined contribution plan to a qualified cost-of-living
arrangement (within the meaning of section 415(k)(2)) under a
defined benefit plan.
``(vii) Lump-sum distributions of alternate payees.--If any
distribution or payment of the balance to the credit of an
employee would be treated as a lump-sum distribution, then,
for purposes of this paragraph, the payment under a qualified
domestic relations order (within the meaning of section
414(p)) of the balance to the credit of an alternate payee
who is the spouse or former spouse of the employee shall be
treated as a lump-sum distribution. For purposes of this
clause, the balance to the credit of the alternate payee
shall not include any amount payable to the employee.''.
(2) Section 402(c) (relating to rules applicable to
rollovers from exempt trusts) is amended by striking
paragraph (10).
(3) Paragraph (1) of section 55(c) (defining regular tax)
is amended by striking ``shall not include any tax imposed by
section 402(d) and''.
(4) Paragraph (8) of section 62(a) (relating to certain
portion of lump-sum distributions from pension plans taxed
under section 402(d)) is hereby repealed.
(5) Section 401(a)(28)(B) (relating to coordination with
distribution rules) is amended by striking clause (v).
(6) Subparagraph (B)(ii) of section 401(k)(10) (relating to
distributions that must be lump-sum distributions) is amended
to read as follows:
``(ii) Lump-sum distribution.--For purposes of this
subparagraph, the term `lump-sum distribution' has the
meaning given such term by section 402(e)(4)(D) (without
regard to subclauses (I), (II), (III), and (IV) of clause (i)
thereof).''.
(7) Section 406(c) (relating to termination of status as
deemed employee not to be treated as separation from service
for purposes of limitation of tax) is hereby repealed.
(8) Section 407(c) (relating to termination of status as
deemed employee not to be treated as separation from service
for purposes of limitation of tax) is hereby repealed.
(9) Section 691(c) (relating to deduction for estate tax)
is amended by striking paragraph (5).
(10) Paragraph (1) of section 871(b) (relating to
imposition of tax) is amended by striking ``section 1, 55, or
402(d)(1)'' and inserting ``section 1 or 55''.
(11) Subsection (b) of section 877 (relating to alternative
tax) is amended by striking ``section 1, 55, or 402(d)(1)''
and inserting ``section 1 or 55''.
(12) Section 4980A(c)(4) is amended--
(A) by striking ``to which an election under section
402(d)(4)(B) applies'' and inserting ``(as defined in section
402(e)(4)(D)) with respect to which the individual elects to
have this paragraph apply'',
(B) by adding at the end the following new flush sentence:
``An individual may elect to have this paragraph apply to
only one lump-sum distribution.'', and
(C) by striking the heading and inserting:
``(4) Special one-time election.--''.
(13) Section 402(e) is amended by striking paragraph (5).
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
(2) Retention of certain transition rules.--Notwithstanding
any other provision of this section, the amendments made by
this section shall not apply to any distribution for which
the taxpayer elects the benefits of section 1122 (h)(3) or
(h)(5) of the Tax Reform Act of 1986. For purposes of the
preceding sentence, the rules of sections 402(c)(10) and
402(d) of the Internal Revenue Code of 1986 (as in effect
before the amendments made by this Act) shall apply.
SEC. 1402. REPEAL OF $5,000 EXCLUSION OF EMPLOYEES' DEATH
BENEFITS.
(a) In General.--Subsection (b) of section 101 is hereby
repealed.
(b) Conforming Amendments.--
(1) Subsection (c) of section 101 is amended by striking
``subsection (a) or (b)'' and inserting ``subsection (a)''.
(2) Sections 406(e) and 407(e) are each amended by striking
paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(3) Section 7701(a)(20) is amended by striking ``, for the
purpose of applying the provisions of section 101(b) with
respect to employees' death benefits''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to decedents dying after the date of
the enactment of this Act.
SEC. 1403. SIMPLIFIED METHOD FOR TAXING ANNUITY DISTRIBUTIONS
UNDER CERTAIN EMPLOYER PLANS.
(a) General Rule.--Subsection (d) of section 72 (relating
to annuities; certain proceeds of endowment and life
insurance contracts) is amended to read as follows:
``(d) Special Rules for Qualified Employer Retirement
Plans.--
``(1) Simplified method of taxing annuity payments.--
``(A) In general.--In the case of any amount received as an
annuity under a qualified employer retirement plan--
``(i) subsection (b) shall not apply, and
``(ii) the investment in the contract shall be recovered as
provided in this paragraph.
``(B) Method of recovering investment in contract.--
``(i) In general.--Gross income shall not include so much
of any monthly annuity payment under a qualified employer
retirement plan as does not exceed the amount obtained by
dividing--
``(I) the investment in the contract (as of the annuity
starting date), by
``(II) the number of anticipated payments determined under
the table contained in clause (iii) (or, in the case of a
contract to which subsection (c)(3)(B) applies, the number of
monthly annuity payments under such contract).
``(ii) Certain rules made applicable.--Rules similar to the
rules of paragraphs (2) and (3) of subsection (b) shall apply
for purposes of this paragraph.
``(iii) Number of anticipated payments.--
``If the age of the
primary annuitant on The number
the annuity starting of anticipated
date is: payments is:
Not more than 55........................................360
More than 55 but not more than 60.......................310
More than 60 but not more than 65.......................260
More than 65 but not more than 70.......................210
More than 70............................................160.
``(C) Adjustment for refund feature not applicable.--For
purposes of this paragraph, investment in the contract shall
be determined under subsection (c)(1) without regard to
subsection (c)(2).
``(D) Special rule where lump sum paid in connection with
commencement of annuity payments.--If, in connection with the
commencement of annuity payments under any qualified employer
retirement plan, the taxpayer receives a lump sum payment--
[[Page 1244]]
``(i) such payment shall be taxable under subsection (e) as
if received before the annuity starting date, and
``(ii) the investment in the contract for purposes of this
paragraph shall be determined as if such payment had been so
received.
``(E) Exception.--This paragraph shall not apply in any
case where the primary annuitant has attained age 75 on the
annuity starting date unless there are fewer than 5 years of
guaranteed payments under the annuity.
``(F) Adjustment where annuity payments not on monthly
basis.--In any case where the annuity payments are not made
on a monthly basis, appropriate adjustments in the
application of this paragraph shall be made to take into
account the period on the basis of which such payments are
made.
``(G) Qualified employer retirement plan.--For purposes of
this paragraph, the term `qualified employer retirement plan'
means any plan or contract described in paragraph (1), (2),
or (3) of section 4974(c).
``(2) Treatment of employee contributions under defined
contribution plans.--For purposes of this section, employee
contributions (and any income allocable thereto) under a
defined contribution plan may be treated as a separate
contract.''.
(b) Effective Date.--The amendment made by this section
shall apply in cases where the annuity starting date is after
the 90th day after the date of the enactment of this Act.
SEC. 1404. REQUIRED DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C) (defining required
beginning date) is amended to read as follows:
``(C) Required beginning date.--For purposes of this
paragraph--
``(i) In general.--The term `required beginning date' means
April 1 of the calendar year following the later of--
``(I) the calendar year in which the employee attains age
70\1/2\, or
``(II) the calendar year in which the employee retires.
``(ii) Exception.--Subclause (II) of clause (i) shall not
apply--
``(I) except as provided in section 409(d), in the case of
an employee who is a 5-percent owner (as defined in section
416) with respect to the plan year ending in the calendar
year in which the employee attains age 70\1/2\, or
``(II) for purposes of section 408 (a)(6) or (b)(3).
``(iii) Actuarial adjustment.--In the case of an employee
to whom clause (i)(II) applies who retires in a calendar year
after the calendar year in which the employee attains age
70\1/2\, the employee's accrued benefit shall be actuarially
increased to take into account the period after age 70\1/2\
in which the employee was not receiving any benefits under
the plan.
``(iv) Exception for governmental and church plans.--
Clauses (ii) and (iii) shall not apply in the case of a
governmental plan or church plan. For purposes of this
clause, the term `church plan' means a plan maintained by a
church for church employees, and the term `church' means any
church (as defined in section 3121(w)(3)(A)) or qualified
church-controlled organization (as defined in section
3121(w)(3)(B)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to years beginning after December 31, 1996.
CHAPTER 2--INCREASED ACCESS TO PENSION PLANS
Subchapter A--Simple Savings Plans
SEC. 1421. ESTABLISHMENT OF SAVINGS INCENTIVE MATCH PLANS FOR
EMPLOYEES OF SMALL EMPLOYERS.
(a) In General.--Section 408 (relating to individual
retirement accounts) is amended by redesignating subsection
(p) as subsection (q) and by inserting after subsection (o)
the following new subsection:
``(p) Simple Retirement Accounts.--
``(1) In general.--For purposes of this title, the term
`simple retirement account' means an individual retirement
plan (as defined in section 7701(a)(37))--
``(A) with respect to which the requirements of paragraphs
(3), (4), and (5) are met; and
``(B) with respect to which the only contributions allowed
are contributions under a qualified salary reduction
arrangement.
``(2) Qualified salary reduction arrangement.--
``(A) In general.--For purposes of this subsection, the
term `qualified salary reduction arrangement' means a written
arrangement of an eligible employer under which--
``(i) an employee eligible to participate in the
arrangement may elect to have the employer make payments--
``(I) as elective employer contributions to a simple
retirement account on behalf of the employee, or
``(II) to the employee directly in cash,
``(ii) the amount which an employee may elect under clause
(i) for any year is required to be expressed as a percentage
of compensation and may not exceed a total of $6,000 for any
year,
``(iii) the employer is required to make a matching
contribution to the simple retirement account for any year in
an amount equal to so much of the amount the employee elects
under clause (i)(I) as does not exceed the applicable
percentage of compensation for the year, and
``(iv) no contributions may be made other than
contributions described in clause (i) or (iii).
``(B) Employer may elect 2-percent nonelective
contribution.--An employer shall be treated as meeting the
requirements of subparagraph (A)(iii) for any year if, in
lieu of the contributions described in such clause, the
employer elects to make nonelective contributions of 2
percent of compensation for each employee who is eligible to
participate in the arrangement and who has at least $5,000 of
compensation from the employer for the year. If an employer
makes an election under this subparagraph for any year, the
employer shall notify employees of such election within a
reasonable period of time before the 30-day period for such
year under paragraph (5)(C).
``(C) Definitions.--For purposes of this subsection--
``(i) Eligible employer.--The term `eligible employer'
means an employer who employs 100 or fewer employees on any
day during the year.
``(ii) Applicable percentage.--
``(I) In general.--The term `applicable percentage' means 3
percent.
``(II) Election of lower percentage.--An employer may elect
to apply a lower percentage (not less than 1 percent) for any
year for all employees eligible to participate in the plan
for such year if the employer notifies the employees of such
lower percentage within a reasonable period of time before
the 30-day election period for such year under paragraph
(5)(C). An employer may not elect a lower percentage under
this subclause for any year if that election would result in
the applicable percentage being lower than 3 percent in more
than 2 of the years in the 5-year period ending with such
year.
``(III) Special rule for years arrangement not in effect.--
If any year in the 5-year period described in subclause (II)
is a year prior to the first year for which any qualified
salary reduction arrangement is in effect with respect to the
employer (or any predecessor), the employer shall be treated
as if the level of the employer matching contribution was at
3 percent of compensation for such prior year.
``(D) Arrangement may be only plan of employer.--
``(i) In general.--An arrangement shall not be treated as a
qualified salary reduction arrangement for any year if the
employer (or any predecessor employer) maintained a qualified
plan with respect to which contributions were made, or
benefits were accrued, for service in any year in the period
beginning with the year such arrangement became effective and
ending with the year for which the determination is being
made.
``(ii) Qualified plan.--For purposes of this subparagraph,
the term `qualified plan' means a plan, contract, pension, or
trust described in subparagraph (A) or (B) of section
219(g)(5).
``(E) Cost-of-living adjustment.--The Secretary shall
adjust the $6,000 amount under subparagraph (A)(ii) at the
same time and in the same manner as under section 415(d),
except that the base period taken into account shall be the
calendar quarter ending September 30, 1995, and any increase
under this subparagraph which is not a multiple of $500 shall
be rounded to the next lower multiple of $500.
``(3) Vesting requirements.--The requirements of this
paragraph are met with respect to a simple retirement account
if the employee's rights to any contribution to the simple
retirement account are nonforfeitable. For purposes of this
paragraph, rules similar to the rules of subsection (k)(4)
shall apply.
``(4) Participation requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any simple retirement account for a year
only if, under the qualified salary reduction arrangement,
all employees of the employer who--
``(i) received at least $5,000 in compensation from the
employer during any 2 preceding years, and
``(ii) are reasonably expected to receive at least $5,000
in compensation during the year,
are eligible to make the election under paragraph (2)(A)(i)
or receive the nonelective contribution described in
paragraph (2)(B).
``(B) Excludable employees.--An employer may elect to
exclude from the requirement under subparagraph (A) employees
described in section 410(b)(3).
``(5) Administrative requirements.--The requirements of
this paragraph are met with respect to any simplified
retirement account if, under the qualified salary reduction
arrangement--
``(A) an employer must--
``(i) make the elective employer contributions under
paragraph (2)(A)(i) not later than the close of the 30-day
period following the last day of the month with respect to
which the contributions are to be made, and
``(ii) make the matching contributions under paragraph
(2)(A)(iii) or the nonelective contributions under paragraph
(2)(B) not later than the date described in section
404(m)(2)(B),
``(B) an employee may elect to terminate participation in
such arrangement at any time during the year, except that if
an employee so terminates, the arrangement may provide that
the employee may not elect to resume participation until the
beginning of the next year, and
``(C) each employee eligible to participate may elect,
during the 30-day period before the beginning of any year
(and the 30-day period before the first day such employee is
eligible to participate), to participate in the arrangement,
or to modify the amounts subject to such arrangement, for
such year.
``(6) Definitions.--For purposes of this subsection--
``(A) Compensation.--
[[Page 1245]]
``(i) In general.--The term `compensation' means amounts
described in paragraphs (3) and (8) of section 6051(a).
``(ii) Self-employed.--In the case of an employee described
in subparagraph (B), the term `compensation' means net
earnings from self-employment determined under section
1402(a) without regard to any contribution under this
subsection.
``(B) Employee.--The term `employee' includes an employee
as defined in section 401(c)(1).
``(C) Year.--The term `year' means the calendar year.''.
(b) Tax Treatment of Simple Retirement Accounts.--
(1) Deductibility of contributions by employees.--
(A) Section 219(b) (relating to maximum amount of
deduction) is amended by adding at the end the following new
paragraph:
``(4) Special rule for simple retirement accounts.--This
section shall not apply with respect to any amount
contributed to a simple retirement account established under
section 408(p).''.
(B) Section 219(g)(5)(A) (defining active participant) is
amended by striking ``or'' at the end of clause (iv) and by
adding at the end the following new clause:
``(vi) any simple retirement account (within the meaning of
section 408(p)), or''.
(2) Deductibility of employer contributions.--Section 404
(relating to deductions for contributions of an employer to
pension, etc. plans) is amended by adding at the end the
following new subsection:
``(m) Special Rules for Simple Retirement Accounts.--
``(1) In general.--Employer contributions to a simple
retirement account shall be treated as if they are made to a
plan subject to the requirements of this section.
``(2) Timing.--
``(A) Deduction.--Contributions described in paragraph (1)
shall be deductible in the taxable year of the employer with
or within which the calendar year for which the contributions
were made ends.
``(B) Contributions after end of year.--For purposes of
this subsection, contributions shall be treated as made for a
taxable year if they are made on account of the taxable year
and are made not later than the time prescribed by law for
filing the return for the taxable year (including extensions
thereof).''.
(3) Contributions and distributions.--
(A) Section 402 (relating to taxability of beneficiary of
employees' trust) is amended by adding at the end the
following new subsection:
``(k) Treatment of Simple Retirement Accounts.--Rules
similar to the rules of paragraphs (1) and (3) of subsection
(h) shall apply to contributions and distributions with
respect to a simple retirement account under section
408(p).''.
(B) Section 408(d)(3) is amended by adding at the end the
following new subparagraph:
``(G) Simple retirement accounts.--This paragraph shall not
apply to any amount paid or distributed out of a simple
retirement account (as defined in section 408(p)) unless--
``(i) it is paid into another simple retirement account, or
``(ii) in the case of any payment or distribution to which
section 72(t)(8) does not apply, it is paid into an
individual retirement plan.''.
(C) Clause (i) of section 457(c)(2)(B) is amended by
striking ``section 402(h)(1)(B)'' and inserting ``section
402(h)(1)(B) or (k)''.
(4) Penalties.--
(A) Early withdrawals.--Section 72(t) (relating to
additional tax in early distributions), as amended by this
Act, is amended by adding at the end the following new
paragraph:
``(6) Special rules for simple retirement accounts.--In the
case of any amount received from a simple retirement account
(within the meaning of section 408(p)) during the 2-year
period beginning on the date such individual first
participated in any qualified salary reduction arrangement
maintained by the individual's employer under section
408(p)(2), paragraph (1) shall be applied by substituting `25
percent' for `10 percent'.''.
(B) Failure to report.--Section 6693 is amended by
redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
``(c) Penalties Relating to Simple Retirement Accounts.--
``(1) Employer penalties.--An employer who fails to provide
1 or more notices required by section 408(l)(2)(C) shall pay
a penalty of $50 for each day on which such failures
continue.
``(2) Trustee penalties.--A trustee who fails--
``(A) to provide 1 or more statements required by the last
sentence of section 408(i) shall pay a penalty of $50 for
each day on which such failures continue, or
``(B) to provide 1 or more summary descriptions required by
section 408(l)(2)(B) shall pay a penalty of $50 for each day
on which such failures continue.
``(3) Reasonable cause exception.--No penalty shall be
imposed under this subsection with respect to any failure
which the taxpayer shows was due to reasonable cause.''.
(5) Reporting requirements.--
(A) Section 408(l) is amended by adding at the end the
following new paragraph:
``(2) Simple retirement accounts.--
``(A) No employer reports.--Except as provided in this
paragraph, no report shall be required under this section by
an employer maintaining a qualified salary reduction
arrangement under subsection (p).
``(B) Summary description.--The trustee of any simple
retirement account established pursuant to a qualified salary
reduction arrangement under subsection (p) shall provide to
the employer maintaining the arrangement, each year a
description containing the following information:
``(i) The name and address of the employer and the trustee.
``(ii) The requirements for eligibility for participation.
``(iii) The benefits provided with respect to the
arrangement.
``(iv) The time and method of making elections with respect
to the arrangement.
``(v) The procedures for, and effects of, withdrawals
(including rollovers) from the arrangement.
``(C) Employee notification.--The employer shall notify
each employee immediately before the period for which an
election described in subsection (p)(5)(C) may be made of the
employee's opportunity to make such election. Such notice
shall include a copy of the description described in
subparagraph (B).''.
(B) Section 408(l) is amended by striking ``An employer''
and inserting the following:
``(1) In general.--An employer''.
(6) Reporting requirements.--Section 408(i) is amended by
adding at the end the following new flush sentence:
``In the case of a simple retirement account under subsection
(p), only one report under this subsection shall be required
to be submitted each calendar year to the Secretary (at the
time provided under paragraph (2)) but, in addition to the
report under this subsection, there shall be furnished,
within 30 days after each calendar year, to the individual on
whose behalf the account is maintained a statement with
respect to the account balance as of the close of, and the
account activity during, such calendar year.''.
(7) Exemption from top-heavy plan rules.--Section 416(g)(4)
(relating to special rules for top-heavy plans) is amended by
adding at the end the following new subparagraph:
``(G) Simple retirement accounts.--The term `top-heavy
plan' shall not include a simple retirement account under
section 408(p).''.
(8) Employment taxes.--
(A) Paragraph (5) of section 3121(a) is amended by striking
``or'' at the end of subparagraph (F), by inserting ``or'' at
the end of subparagraph (G), and by adding at the end the
following new subparagraph:
``(H) under an arrangement to which section 408(p) applies,
other than any elective contributions under paragraph
(2)(A)(i) thereof,''.
(B) Section 209(a)(4) of the Social Security Act is amended
by inserting ``, or (J) under an arrangement to which section
408(p) of such Code applies, other than any elective
contributions under paragraph (2)(A)(i) thereof'' before the
semicolon at the end thereof.
(C) Paragraph (5) of section 3306(b) is amended by striking
``or'' at the end of subparagraph (F), by inserting ``or'' at
the end of subparagraph (G), and by adding at the end the
following new subparagraph:
``(H) under an arrangement to which section 408(p) applies,
other than any elective contributions under paragraph
(2)(A)(i) thereof,''.
(D) Paragraph (12) of section 3401(a) is amended by adding
the following new subparagraph:
``(D) under an arrangement to which section 408(p) applies;
or''.
(9) Conforming amendments.--
(A) Section 280G(b)(6) is amended by striking ``or'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, or'' and by adding after
subparagraph (C) the following new subparagraph:
``(D) a simple retirement account described in section
408(p).''.
(B) Section 402(g)(3) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding after
subparagraph (C) the following new subparagraph:
``(D) any elective employer contribution under section
408(p)(2)(A)(i).''.
(C) Subsections (b), (c), (m)(4)(B), and (n)(3)(B) of
section 414 are each amended by inserting ``408(p),'' after
``408(k),''.
(D) Section 4972(d)(1)(A) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding after
clause (iii) the following new clause:
``(iv) any simple retirement account (within the meaning of
section 408(p)).''.
(c) Repeal of Salary Reduction Simplified Employee
Pensions.--Section 408(k)(6) is amended by adding at the end
the following new subparagraph:
``(H) Termination.--This paragraph shall not apply to years
beginning after December 31, 1996. The preceding sentence
shall not apply to a simplified employee pension if the terms
of such pension, as in effect on December 31, 1996, provide
that an employee may make the election described in
subparagraph (A).''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 1422. EXTENSION OF SIMPLE PLAN TO 401(K) ARRANGEMENTS.
(a) Alternative Method of Satisfying Section 401(k)
Nondiscrimination Tests.--
[[Page 1246]]
Section 401(k) (relating to cash or deferred arrangements) is
amended by adding at the end the following new paragraph:
``(11) Adoption of simple plan to meet nondiscrimination
tests.--
``(A) In general.--A cash or deferred arrangement
maintained by an eligible employer shall be treated as
meeting the requirements of paragraph (3)(A)(ii) if such
arrangement meets--
``(i) the contribution requirements of subparagraph (B),
``(ii) the exclusive benefit requirements of subparagraph
(C), and
``(iii) the vesting requirements of section 408(p)(3).
``(B) Contribution requirements.--
``(i) In general.--The requirements of this subparagraph
are met if, under the arrangement--
``(I) an employee may elect to have the employer make
elective contributions for the year on behalf of the employee
to a trust under the plan in an amount which is expressed as
a percentage of compensation of the employee but which in no
event exceeds $6,000,
``(II) the employer is required to make a matching
contribution to the trust for the year in an amount equal to
so much of the amount the employee elects under subclause (I)
as does not exceed 3 percent of compensation for the year,
and
``(III) no other contributions may be made other than
contributions described in subclause (I) or (II).
``(ii) Employer may elect 2-percent nonelective
contribution.--An employer shall be treated as meeting the
requirements of clause (i)(II) for any year if, in lieu of
the contributions described in such clause, the employer
elects (pursuant to the terms of the arrangement) to make
nonelective contributions of 2 percent of compensation for
each employee who is eligible to participate in the
arrangement and who has at least $5,000 of compensation from
the employer for the year. If an employer makes an election
under this subparagraph for any year, the employer shall
notify employees of such election within a reasonable period
of time before the 30th day before the beginning of such
year.
``(C) Exclusive benefit.--The requirements of this
subparagraph are met for any year to which this paragraph
applies if no contributions were made, or benefits were
accrued, for services during such year under any qualified
plan of the employer on behalf of any employee eligible to
participate in the cash or deferred arrangement, other than
contributions described in subparagraph (B).
``(D) Definitions and special rule.--
``(i) Definitions.--For purposes of this paragraph, any
term used in this paragraph which is also used in section
408(p) shall have the meaning given such term by such
section.
``(ii) Coordination with top-heavy rules.--A plan meeting
the requirements of this paragraph for any year shall not be
treated as a top-heavy plan under section 416 for such
year.''.
(b) Alternative Methods of Satisfying Section 401(m)
Nondiscrimination Tests.--Section 401(m) (relating to
nondiscrimination test for matching contributions and
employee contributions) is amended by redesignating paragraph
(10) as paragraph (11) and by adding after paragraph (9) the
following new paragraph:
``(10) Alternative method of satisfying tests.--A defined
contribution plan shall be treated as meeting the
requirements of paragraph (2) with respect to matching
contributions if the plan--
``(A) meets the contribution requirements of subparagraph
(B) of subsection (k)(11),
``(B) meets the exclusive benefit requirements of
subsection (k)(11)(C), and
``(C) meets the vesting requirements of section
408(p)(3).''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 1996.
Subchapter B--Other Provisions
SEC. 1426. TAX-EXEMPT ORGANIZATIONS ELIGIBLE UNDER SECTION
401(K).
(a) In General.--Subparagraph (B) of section 401(k)(4) is
amended to read as follows:
``(B) Eligibility of state and local governments and tax-
exempt organizations.--
``(i) Tax-exempts eligible.--Except as provided in clause
(ii), any organization exempt from tax under this subtitle
may include a qualified cash or deferred arrangement as part
of a plan maintained by it.
``(ii) Governments ineligible.--A cash or deferred
arrangement shall not be treated as a qualified cash or
deferred arrangement if it is part of a plan maintained by a
State or local government or political subdivision thereof,
or any agency or instrumentality thereof. This clause shall
not apply to a rural cooperative plan or to a plan of an
employer described in clause (iii).
``(iii) Treatment of indian tribal governments.--An
employer which is an Indian tribal government (as defined in
section 7701(a)(40)), a subdivision of an Indian tribal
government (determined in accordance with section 7871(d)),
an agency or instrumentality of an Indian tribal government
or subdivision thereof, or a corporation chartered under
Federal, State, or tribal law which is owned in whole or in
part by any of the foregoing shall be treated as an
organization exempt from tax under this subtitle for purposes
of clause (i).''.
(b) Effective Date.--The amendment made by this section
shall apply to plan years beginning after December 31, 1996,
but shall not apply to any cash or deferred arrangement to
which clause (i) of section 1116(f)(2)(B) of the Tax Reform
Act of 1986 applies.
CHAPTER 3--NONDISCRIMINATION PROVISIONS
SEC. 1431. DEFINITION OF HIGHLY COMPENSATED EMPLOYEES; REPEAL
OF FAMILY AGGREGATION.
(a) In General.--Paragraph (1) of section 414(q) (defining
highly compensated employee) is amended to read as follows:
``(1) In general.--The term `highly compensated employee'
means any employee who--
``(A) was a 5-percent owner at any time during the year or
the preceding year, or
``(B) for the preceding year--
``(i) had compensation from the employer in excess of
$80,000, and
``(ii) was in the top-paid group of the employer.
The Secretary shall adjust the $80,000 amount under
subparagraph (B) at the same time and in the same manner as
under section 415(d), except that the base period shall be
the calendar quarter ending September 30, 1996.''.
(b) Repeal of Family Aggregation Rules.--
(1) In general.--Paragraph (6) of section 414(q) is hereby
repealed.
(2) Compensation limit.--Paragraph (17)(A) of section
401(a) is amended by striking the last sentence.
(3) Deduction.--Subsection (l) of section 404 is amended by
striking the last sentence.
(c) Conforming Amendments.--
(1)(A) Subsection (q) of section 414 is amended by striking
paragraphs (2), (5), (8), and (12) and by redesignating
paragraphs (3), (4), (7), (9), (10), and (11) as paragraphs
(2) through (7), respectively.
(B) Sections 129(d)(8)(B), 401(a)(5)(D)(ii), 408(k)(2)(C),
and 416(i)(1)(D) are each amended by striking ``section
414(q)(7)'' and inserting ``section 414(q)(4)''.
(C) Section 416(i)(1)(A) is amended by striking ``section
414(q)(8)'' and inserting ``section 414(r)(9)''.
(2)(A) Section 414(r) is amended by adding at the end the
following new paragraph:
``(9) Excluded employees.--For purposes of this subsection,
the following employees shall be excluded:
``(A) Employees who have not completed 6 months of service.
``(B) Employees who normally work less than 17\1/2\ hours
per week.
``(C) Employees who normally work not more than 6 months
during any year.
``(D) Employees who have not attained the age of 21.
``(E) Except to the extent provided in regulations,
employees who are included in a unit of employees covered by
an agreement which the Secretary of Labor finds to be a
collective bargaining agreement between employee
representatives and the employer.
Except as provided by the Secretary, the employer may elect
to apply subparagraph (A), (B), (C), or (D) by substituting a
shorter period of service, smaller number of hours or months,
or lower age for the period of service, number of hours or
months, or age (as the case may be) specified in such
subparagraph.''.
(B) Subparagraph (A) of section 414(r)(2) is amended by
striking ``subsection (q)(8)'' and inserting ``paragraph
(9)''.
(3) Section 1114(c)(4) of the Tax Reform Act of 1986 is
amended by adding at the end the following new sentence:
``Any reference in this paragraph to section 414(q) shall be
treated as a reference to such section as in effect on the
day before the date of the enactment of the Small Business
Job Protection Act of 1996.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to years beginning after December 31, 1996, except that
in determining whether an employee is a highly compensated
employee for years beginning in 1997, such amendments shall
be treated as having been in effect for years beginning in
1996.
(2) Family aggregation.--The amendments made by subsection
(b) shall apply to years beginning after December 31, 1996.
SEC. 1432. MODIFICATION OF ADDITIONAL PARTICIPATION
REQUIREMENTS.
(a) General Rule.--Section 401(a)(26)(A) (relating to
additional participation requirements) is amended to read as
follows:
``(A) In general.--In the case of a trust which is a part
of a defined benefit plan, such trust shall not constitute a
qualified trust under this subsection unless on each day of
the plan year such trust benefits at least the lesser of--
``(i) 50 employees of the employer, or
``(ii) the greater of--
``(I) 40 percent of all employees of the employer, or
``(II) 2 employees (or if there is only 1 employee, such
employee).''.
(b) Separate Line of Business Test.--Section 401(a)(26)(G)
(relating to separate line of business) is amended by
striking ``paragraph (7)'' and inserting ``paragraph (2)(A)
or (7)''.
(c) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1433. NONDISCRIMINATION RULES FOR QUALIFIED CASH OR
DEFERRED ARRANGEMENTS AND MATCHING
CONTRIBUTIONS.
(a) Alternative Methods of Satisfying Section 401(k)
Nondiscrimination Tests.--Section 401(k) (relating to cash or
deferred arrangements), as amended by section 1422, is
amended by adding at the end the following new paragraph:
[[Page 1247]]
``(12) Alternative methods of meeting nondiscrimination
requirements.--
``(A) In general.--A cash or deferred arrangement shall be
treated as meeting the requirements of paragraph (3)(A)(ii)
if such arrangement--
``(i) meets the contribution requirements of subparagraph
(B) or (C), and
``(ii) meets the notice requirements of subparagraph (D).
``(B) Matching contributions.--
``(i) In general.--The requirements of this subparagraph
are met if, under the arrangement, the employer makes
matching contributions on behalf of each employee who is not
a highly compensated employee in an amount equal to--
``(I) 100 percent of the elective contributions of the
employee to the extent such elective contributions do not
exceed 3 percent of the employee's compensation, and
``(II) 50 percent of the elective contributions of the
employee to the extent that such elective contributions
exceed 3 percent but do not exceed 5 percent of the
employee's compensation.
``(ii) Rate for highly compensated employees.--The
requirements of this subparagraph are not met if, under the
arrangement, the rate of matching contribution with respect
to any elective contribution of a highly compensated employee
at any rate of elective contribution is greater than that
with respect to an employee who is not a highly compensated
employee.
``(iii) Alternative plan designs.--If the rate of any
matching contribution with respect to any rate of elective
contribution is not equal to the percentage required under
clause (i), an arrangement shall not be treated as failing to
meet the requirements of clause (i) if--
``(I) the rate of an employer's matching contribution does
not increase as an employee's rate of elective contributions
increase, and
``(II) the aggregate amount of matching contributions at
such rate of elective contribution is at least equal to the
aggregate amount of matching contributions which would be
made if matching contributions were made on the basis of the
percentages described in clause (i).
``(C) Nonelective contributions.--The requirements of this
subparagraph are met if, under the arrangement, the employer
is required, without regard to whether the employee makes an
elective contribution or employee contribution, to make a
contribution to a defined contribution plan on behalf of each
employee who is not a highly compensated employee and who is
eligible to participate in the arrangement in an amount equal
to at least 3 percent of the employee's compensation.
``(D) Notice requirement.--An arrangement meets the
requirements of this paragraph if, under the arrangement,
each employee eligible to participate is, within a reasonable
period before any year, given written notice of the
employee's rights and obligations under the arrangement
which--
``(i) is sufficiently accurate and comprehensive to
appraise the employee of such rights and obligations, and
``(ii) is written in a manner calculated to be understood
by the average employee eligible to participate.
``(E) Other requirements.--
``(i) Withdrawal and vesting restrictions.--An arrangement
shall not be treated as meeting the requirements of
subparagraph (B) or (C) of this paragraph unless the
requirements of subparagraphs (B) and (C) of paragraph (2)
are met with respect to all employer contributions (including
matching contributions) taken into account in determining
whether the requirements of subparagraphs (B) and (C) of this
paragraph are met.
``(ii) Social security and similar contributions not taken
into account.--An arrangement shall not be treated as meeting
the requirements of subparagraph (B) or (C) unless such
requirements are met without regard to subsection (l), and,
for purposes of subsection (l), employer contributions under
subparagraph (B) or (C) shall not be taken into account.
``(F) Other plans.--An arrangement shall be treated as
meeting the requirements under subparagraph (A)(i) if any
other plan maintained by the employer meets such requirements
with respect to employees eligible under the arrangement.''.
(b) Alternative Methods of Satisfying Section 401(m)
Nondiscrimination Tests.--Section 401(m) (relating to
nondiscrimination test for matching contributions and
employee contributions), as amended by this Act, is amended
by redesignating paragraph (11) as paragraph (12) and by
adding after paragraph (10) the following new paragraph:
``(11) Alternative method of satisfying tests.--
``(A) In general.--A defined contribution plan shall be
treated as meeting the requirements of paragraph (2) with
respect to matching contributions if the plan--
``(i) meets the contribution requirements of subparagraph
(B) or (C) of subsection (k)(12),
``(ii) meets the notice requirements of subsection
(k)(12)(D), and
``(iii) meets the requirements of subparagraph (B).
``(B) Limitation on matching contributions.--The
requirements of this subparagraph are met if--
``(i) matching contributions on behalf of any employee may
not be made with respect to an employee's contributions or
elective deferrals in excess of 6 percent of the employee's
compensation,
``(ii) the rate of an employer's matching contribution does
not increase as the rate of an employee's contributions or
elective deferrals increase, and
``(iii) the matching contribution with respect to any
highly compensated employee at any rate of an employee
contribution or rate of elective deferral is not greater than
that with respect to an employee who is not a highly
compensated employee.''.
(c) Year for Computing Nonhighly Compensated Employee
Percentage.--
(1) Cash or deferred arrangements.--Clause (ii) of section
401(k)(3)(A) is amended--
(A) by striking ``such year'' and inserting ``the plan
year'',
(B) by striking ``for such plan year'' and inserting ``for
the preceding plan year'', and
(C) by adding at the end the following new sentence: ``An
arrangement may apply this clause by using the plan year
rather than the preceding plan year if the employer so
elects, except that if such an election is made, it may not
be changed except as provided by the Secretary.''.
(2) Matching and employee contributions.--Section
401(m)(2)(A) is amended--
(A) by inserting ``for such plan year'' after ``highly
compensated employees'',
(B) by inserting ``for the preceding plan year'' after
``eligible employees'' each place it appears in clause (i)
and clause (ii), and
(C) by adding at the end the following flush sentence:
``This subparagraph may be applied by using the plan year
rather than the preceding plan year if the employer so
elects, except that if such an election is made, it may not
be changed except as provided the Secretary.''.
(d) Special Rule for Determining Average Deferral
Percentage for First Plan Year, Etc.--
(1) Paragraph (3) of section 401(k) is amended by adding at
the end the following new subparagraph:
``(E) For purposes of this paragraph, in the case of the
first plan year of any plan (other than a successor plan),
the amount taken into account as the actual deferral
percentage of nonhighly compensated employees for the
preceding plan year shall be--
``(i) 3 percent, or
``(ii) if the employer makes an election under this
subclause, the actual deferral percentage of nonhighly
compensated employees determined for such first plan year.''.
(2) Paragraph (3) of section 401(m) is amended by adding at
the end the following: ``Rules similar to the rules of
subsection (k)(3)(E) shall apply for purposes of this
subsection.''.
(e) Distribution of Excess Contributions and Excess
Aggregate Contributions.--
(1) Subparagraph (C) of section 401(k)(8) (relating to
arrangement not disqualified if excess contributions
distributed) is amended by striking ``on the basis of the
respective portions of the excess contributions attributable
to each of such employees'' and inserting ``on the basis of
the amount of contributions by, or on behalf of, each of such
employees''.
(2) Subparagraph (C) of section 401(m)(6) (relating to
method of distributing excess aggregate contributions) is
amended by striking ``on the basis of the respective portions
of such amounts attributable to each of such employees'' and
inserting ``on the basis of the amount of contributions on
behalf of, or by, each such employee''.
(f) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to years beginning after December 31, 1998.
(2) Exceptions.--The amendments made by subsections (c),
(d), and (e) shall apply to years beginning after December
31, 1996.
SEC. 1434. DEFINITION OF COMPENSATION FOR SECTION 415
PURPOSES.
(a) General Rule.--Section 415(c)(3) (defining
participant's compensation) is amended by adding at the end
the following new subparagraph:
``(D) Certain deferrals included.--The term `participant's
compensation' shall include--
``(i) any elective deferral (as defined in section
402(g)(3)), and
``(ii) any amount which is contributed by the employer at
the election of the employee and which is not includible in
the gross income of the employee under section 125 or 457.''.
(b) Conforming Amendments.--
(1) Section 414(q)(4), as redesignated by section 1431, is
amended to read as follows:
``(4) Compensation.--For purposes of this subsection, the
term `compensation' has the meaning given such term by
section 415(c)(3).''.
(2) Section 414(s)(2) is amended by inserting ``not'' after
``elect'' in the text and heading thereof.
(c) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1997.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 1441. PLANS COVERING SELF-EMPLOYED INDIVIDUALS.
(a) Aggregation Rules.--Section 401(d) (relating to
additional requirements for qualification of trusts and plans
benefiting owner-employees) is amended to read as follows:
``(d) Contribution Limit on Owner-Employees.--A trust
forming part of a pension or profit-sharing plan which
provides contributions or benefits for employees some or all
of whom are owner-employees shall con
[[Page 1248]]
stitute a qualified trust under this section only if, in
addition to meeting the requirements of subsection (a), the
plan provides that contributions on behalf of any owner-
employee may be made only with respect to the earned income
of such owner-employee which is derived from the trade or
business with respect to which such plan is established.''.
(b) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1442. ELIMINATION OF SPECIAL VESTING RULE FOR
MULTIEMPLOYER PLANS.
(a) In General.--Paragraph (2) of section 411(a) (relating
to minimum vesting standards) is amended--
(1) by striking ``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)''; and
(2) by striking subparagraph (C).
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning on or after the earlier
of--
(1) the later of--
(A) January 1, 1997, or
(B) the date on which the last of the collective bargaining
agreements pursuant to which the plan is maintained
terminates (determined without regard to any extension
thereof after the date of the enactment of this Act), or
(2) January 1, 1999.
Such amendments shall not apply to any individual who does
not have more than 1 hour of service under the plan on or
after the 1st day of the 1st plan year to which such
amendments apply.
SEC. 1443. DISTRIBUTIONS UNDER RURAL COOPERATIVE PLANS.
(a) Distributions for Hardship or After a Certain Age.--
Section 401(k)(7) is amended by adding at the end the
following new subparagraph:
``(C) Special rule for certain distributions.--A rural
cooperative plan which includes a qualified cash or deferred
arrangement shall not be treated as violating the
requirements of section 401(a) or of paragraph (2) merely by
reason of a hardship distribution or a distribution to a
participant after attainment of age 59\1/2\. For purposes of
this section, the term `hardship distribution' means a
distribution described in paragraph (2)(B)(i)(IV) (without
regard to the limitation of its application to profit-sharing
or stock bonus plans).''.
(b) Public Utility Districts.--Clause (i) of section
401(k)(7)(B) (defining rural cooperative) is amended to read
as follows:
``(i) any organization which--
``(I) is engaged primarily in providing electric service on
a mutual or cooperative basis, or
``(II) is engaged primarily in providing electric service
to the public in its area of service and which is exempt from
tax under this subtitle or which is a State or local
government (or an agency or instrumentality thereof), other
than a municipality (or an agency or instrumentality
thereof),''.
(c) Effective Dates.--
(1) Distributions.--The amendments made by subsection (a)
shall apply to distributions after the date of the enactment
of this Act.
(2) Rural cooperative.--The amendments made by subsection
(b) shall apply to plan years beginning after December 31,
1996.
SEC. 1444. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415.
(a) Compensation Limit.--Subsection (b) of section 415 is
amended by adding immediately after paragraph (10) the
following new paragraph:
``(11) Special limitation rule for governmental plans.--In
the case of a governmental plan (as defined in section
414(d)), subparagraph (B) of paragraph (1) shall not
apply.''.
(b) Treatment of Certain Excess Benefit Plans.--
(1) In general.--Section 415 is amended by adding at the
end the following new subsection:
``(m) Treatment of Qualified Governmental Excess Benefit
Arrangements.--
``(1) Governmental plan not affected.--In determining
whether a governmental plan (as defined in section 414(d))
meets the requirements of this section, benefits provided
under a qualified governmental excess benefit arrangement
shall not be taken into account. Income accruing to a
governmental plan (or to a trust that is maintained solely
for the purpose of providing benefits under a qualified
governmental excess benefit arrangement) in respect of a
qualified governmental excess benefit arrangement shall
constitute income derived from the exercise of an essential
governmental function upon which such governmental plan (or
trust) shall be exempt from tax under section 115.
``(2) Taxation of participant.--For purposes of this
chapter--
``(A) the taxable year or years for which amounts in
respect of a qualified governmental excess benefit
arrangement are includible in gross income by a participant,
and
``(B) the treatment of such amounts when so includible by
the participant,
shall be determined as if such qualified governmental excess
benefit arrangement were treated as a plan for the deferral
of compensation which is maintained by a corporation not
exempt from tax under this chapter and which does not meet
the requirements for qualification under section 401.
``(3) Qualified governmental excess benefit arrangement.--
For purposes of this subsection, the term `qualified
governmental excess benefit arrangement' means a portion of a
governmental plan if--
``(A) such portion is maintained solely for the purpose of
providing to participants in the plan that part of the
participant's annual benefit otherwise payable under the
terms of the plan that exceeds the limitations on benefits
imposed by this section,
``(B) under such portion no election is provided at any
time to the participant (directly or indirectly) to defer
compensation, and
``(C) benefits described in subparagraph (A) are not paid
from a trust forming a part of such governmental plan unless
such trust is maintained solely for the purpose of providing
such benefits.''.
(2) Coordination with section 457.--Subsection (e) of
section 457 is amended by adding at the end the following new
paragraph:
``(14) Treatment of qualified governmental excess benefit
arrangements.--Subsections (b)(2) and (c)(1) shall not apply
to any qualified governmental excess benefit arrangement (as
defined in section 415(m)(3)), and benefits provided under
such an arrangement shall not be taken into account in
determining whether any other plan is an eligible deferred
compensation plan.''.
(3) Conforming amendment.--Paragraph (2) of section 457(f)
is amended by striking ``and'' at the end of subparagraph
(C), by striking the period at the end of subparagraph (D)
and inserting ``, and'', and by inserting immediately
thereafter the following new subparagraph:
``(E) a qualified governmental excess benefit arrangement
described in section 415(m).''.
(c) Exemption for Survivor and Disability Benefits.--
Paragraph (2) of section 415(b) is amended by adding at the
end the following new subparagraph:
``(I) Exemption for survivor and disability benefits
provided under governmental plans.--Subparagraph (C) of this
paragraph and paragraph (5) shall not apply to--
``(i) income received from a governmental plan (as defined
in section 414(d)) as a pension, annuity, or similar
allowance as the result of the recipient becoming disabled by
reason of personal injuries or sickness, or
``(ii) amounts received from a governmental plan by the
beneficiaries, survivors, or the estate of an employee as the
result of the death of the employee.''.
(d) Revocation of Grandfather Election.--
(1) In general.--Subparagraph (C) of section 415(b)(10) is
amended by adding at the end the following new clause:
``(ii) Revocation of election.--An election under clause
(i) may be revoked not later than the last day of the third
plan year beginning after the date of the enactment of this
clause. The revocation shall apply to all plan years to which
the election applied and to all subsequent plan years. Any
amount paid by a plan in a taxable year ending after the
revocation shall be includible in income in such taxable year
under the rules of this chapter in effect for such taxable
year, except that, for purposes of applying the limitations
imposed by this section, any portion of such amount which is
attributable to any taxable year during which the election
was in effect shall be treated as received in such taxable
year.''.
(2) Conforming amendment.--Subparagraph (C) of section
415(b)(10) is amended by striking ``This'' and inserting:
``(i) In general.--This''.
(e) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall apply to years beginning after December
31, 1994. The amendments made by subsection (d) shall apply
with respect to revocations adopted after the date of the
enactment of this Act.
(2) Treatment for years beginning before january 1, 1995.--
Nothing in the amendments made by this section shall be
construed to infer that a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986) fails to
satisfy the requirements of section 415 of such Code for any
taxable year beginning before January 1, 1995.
SEC. 1445. UNIFORM RETIREMENT AGE.
(a) Discrimination Testing.--Paragraph (5) of section
401(a) (relating to special rules relating to
nondiscrimination requirements) is amended by adding at the
end the following new subparagraph:
``(F) Social security retirement age.--For purposes of
testing for discrimination under paragraph (4)--
``(i) the social security retirement age (as defined in
section 415(b)(8)) shall be treated as a uniform retirement
age, and
``(ii) subsidized early retirement benefits and joint and
survivor annuities shall not be treated as being unavailable
to employees on the same terms merely because such benefits
or annuities are based in whole or in part on an employee's
social security retirement age (as so defined).''
(b) Effective Date.--The amendment made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1446. CONTRIBUTIONS ON BEHALF OF DISABLED EMPLOYEES.
(a) All Disabled Participants Receiving Contributions.--
Section 415(c)(3)(C) is amended by adding at the end the
following: ``If a defined contribution plan provides for the
continuation of contributions on behalf of all participants
described in clause (i) for a fixed or determinable period,
this subparagraph shall be applied without regard to clauses
(ii) and (iii).''.
(b) Effective Date.--The amendment made by this section
shall apply to years beginning after December 31, 1996.
[[Page 1249]]
SEC. 1447. TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE
AND LOCAL GOVERNMENTS AND TAX-EXEMPT
ORGANIZATIONS.
(a) Special Rules for Plan Distributions.--Paragraph (9) of
section 457(e) (relating to other definitions and special
rules) is amended to read as follows:
``(9) Benefits not treated as made available by reason of
certain elections, etc.--
``(A) Total amount payable is $3,500 or less.--The total
amount payable to a participant under the plan shall not be
treated as made available merely because the participant may
elect to receive such amount (or the plan may distribute such
amount without the participant's consent) if--
``(i) such amount does not exceed $3,500, and
``(ii) such amount may be distributed only if--
``(I) no amount has been deferred under the plan with
respect to such participant during the 2-year period ending
on the date of the distribution, and
``(II) there has been no prior distribution under the plan
to such participant to which this subparagraph applied.
A plan shall not be treated as failing to meet the
distribution requirements of subsection (d) by reason of a
distribution to which this subparagraph applies.
``(B) Election to defer commencement of distributions.--The
total amount payable to a participant under the plan shall
not be treated as made available merely because the
participant may elect to defer commencement of distributions
under the plan if--
``(i) such election is made after amounts may be available
under the plan in accordance with subsection (d)(1)(A) and
before commencement of such distributions, and
``(ii) the participant may make only 1 such election.''.
(b) Cost-of-Living Adjustment of Maximum Deferral Amount.--
Subsection (e) of section 457, as amended by section
1444(b)(2) (relating to governmental plans), is amended by
adding at the end the following new paragraph:
``(15) Cost-of-living adjustment of maximum deferral
amount.--The Secretary shall adjust the $7,500 amount
specified in subsections (b)(2) and (c)(1) at the same time
and in the same manner as under section 415(d), except that
the base period shall be the calendar quarter ending
September 30, 1994, and any increase under this paragraph
which is not a multiple of $500 shall be rounded to the next
lowest multiple of $500.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 1448. TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS
OF STATE AND LOCAL GOVERNMENTS.
(a) In General.--Section 457 is amended by adding at the
end the following new subsection:
``(g) Governmental Plans Must Maintain Set-Asides for
Exclusive Benefit of Participants.--
``(1) In general.--A plan maintained by an eligible
employer described in subsection (e)(1)(A) shall not be
treated as an eligible deferred compensation plan unless all
assets and income of the plan described in subsection (b)(6)
are held in trust for the exclusive benefit of participants
and their beneficiaries.
``(2) Taxability of trusts and participants.--For purposes
of this title--
``(A) a trust described in paragraph (1) shall be treated
as an organization exempt from taxation under section 501(a),
and
``(B) notwithstanding any other provision of this title,
amounts in the trust shall be includible in the gross income
of participants and beneficiaries only to the extent, and at
the time, provided in this section.
``(3) Custodial accounts and contracts.--For purposes of
this subsection, custodial accounts and contracts described
in section 401(f) shall be treated as trusts under rules
similar to the rules under section 401(f).''.
(b) Conforming Amendment.--Paragraph (6) of section 457(b)
is amended by inserting ``except as provided in subsection
(g),'' before ``which provides that''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to assets and
income described in section 457(b)(6) of the Internal Revenue
Code of 1986 held by a plan on and after the date of the
enactment of this Act.
(2) Transition rule.--In the case of assets and income
described in paragraph (1) held by a plan on the date of the
enactment of this Act, a trust need not be established by
reason of the amendments made by this section before January
1, 1999.
SEC. 1449. TRANSITION RULE FOR COMPUTING MAXIMUM BENEFITS
UNDER SECTION 415 LIMITATIONS.
(a) In General.--Subparagraph (A) of section 767(d)(3) of
the Uruguay Round Agreements Act is amended to read as
follows:
``(A) Exception.--A plan that was adopted and in effect
before December 8, 1994, shall not be required to apply the
amendments made by subsection (b) with respect to benefits
accrued before the earlier of--
``(i) the later of the date a plan amendment applying such
amendment is adopted or made effective, or
``(ii) the first day of the first limitation year beginning
after December 31, 1999.
Determinations under section 415(b)(2)(E) of the Internal
Revenue Code of 1986 before such earlier date shall be made
with respect to such benefits on the basis of such section as
in effect on December 7, 1994 (except that the modification
made by section 1449(b) of the Small Business Job Protection
Act of 1996 shall be taken into account), and the provisions
of the plan as in effect on December 7, 1994, but only if
such provisions of the plan meet the requirements of such
section (as so in effect).''.
(b) Modification of Certain Assumptions for Adjusting
Benefits of Defined Benefit Plans for Early Retirees.--
Subparagraph (E) of section 415(b)(2) (relating to limitation
on certain assumptions) is amended--
(1) by striking ``Except as provided in clause (ii), for
purposes of adjusting any benefit or limitation under
subparagraph (B) or (C),'' in clause (i) and inserting ``For
purposes of adjusting any limitation under subparagraph (C)
and, except as provided in clause (ii), for purposes of
adjusting any benefit under subparagraph (B),'', and
(2) by striking ``For purposes of adjusting the benefit or
limitation of any form of benefit subject to section
417(e)(3),'' in clause (ii) and inserting ``For purposes of
adjusting any benefit under subparagraph (B) for any form of
benefit subject to section 417(e)(3),''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of section
767 of the Uruguay Round Agreements Act.
(d) Transitional Rule.--In the case of a plan that was
adopted and in effect before December 8, 1994, if--
(1) a plan amendment was adopted or made effective on or
before the date of the enactment of this Act applying the
amendments made by section 767 of the Uruguay Round
Agreements Act, and
(2) within 1 year after the date of the enactment of this
Act, a plan amendment is adopted which repeals the amendment
referred to in paragraph (1),
the amendment referred to in paragraph (1) shall not be taken
into account in applying section 767(d)(3)(A) of the Uruguay
Round Agreements Act, as amended by subsection (a).
SEC. 1450. MODIFICATIONS OF SECTION 403(B).
(a) Multiple Salary Reduction Agreements Permitted.--
(1) General rule.--For purposes of section 403(b) of the
Internal Revenue Code of 1986, the frequency that an employee
is permitted to enter into a salary reduction agreement, the
salary to which such an agreement may apply, and the ability
to revoke such an agreement shall be determined under the
rules applicable to cash or deferred elections under section
401(k) of such Code.
(2) Effective date.--This subsection shall apply to taxable
years beginning after December 31, 1995.
(b) Treatment of Indian Tribal Governments.--
(1) In general.--In the case of any contract purchased in a
plan year beginning before January 1, 1995, section 403(b) of
the Internal Revenue Code of 1986 shall be applied as if any
reference to an employer described in section 501(c)(3) of
the Internal Revenue Code of 1986 which is exempt from tax
under section 501 of such Code included a reference to an
employer which is an Indian tribal government (as defined by
section 7701(a)(40) of such Code), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency or instrumentality of an
Indian tribal government or subdivision thereof, or a
corporation chartered under Federal, State, or tribal law
which is owned in whole or in part by any of the foregoing.
(2) Rollovers.--Solely for purposes of applying section
403(b)(8) of such Code to a contract to which paragraph (1)
applies, a qualified cash or deferred arrangement under
section 401(k) of such Code shall be treated as if it were a
plan or contract described in clause (ii) of section
403(b)(8)(A) of such Code.
(c) Elective Deferrals.--
(1) In general.--Subparagraph (E) of section 403(b)(1) is
amended to read as follows:
``(E) in the case of a contract purchased under a salary
reduction agreement, the contract meets the requirements of
section 401(a)(30),''.
(2) Effective date.--The amendment made by this subsection
shall apply to years beginning after December 31, 1995,
except a contract shall not be required to meet any change in
any requirement by reason of such amendment before the 90th
day after the date of the enactment of this Act.
SEC. 1451. WAIVER OF MINIMUM PERIOD FOR JOINT AND SURVIVOR
ANNUITY EXPLANATION BEFORE ANNUITY STARTING
DATE.
(a) General Rule.--For purposes of section 417(a)(3)(A) of
the Internal Revenue Code of 1986 (relating to plan to
provide written explanations), the minimum period prescribed
by the Secretary of the Treasury between the date that the
explanation referred to in such section is provided and the
annuity starting date shall not apply if waived by the
participant and, if applicable, the participant's spouse.
(b) Effective Date.--Subsection (a) shall apply to plan
years beginning after December 31, 1996.
SEC. 1452. REPEAL OF LIMITATION IN CASE OF DEFINED BENEFIT
PLAN AND DEFINED CONTRIBUTION PLAN FOR SAME
EMPLOYEE; EXCESS DISTRIBUTIONS.
(a) In General.--Section 415(e) is repealed.
(b) Excess Distributions.--Section 4980A is amended by
adding at the end the following new subsection:
``(g) Limitation on Application.--This section shall not
apply to distributions during
[[Page 1250]]
years beginning after December 31, 1995, and before January
1, 1999, and such distributions shall be treated as made
first from amounts not described in subsection (f).''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 415(a) is amended--
(A) by adding ``or'' at the end of subparagraph (A),
(B) by striking ``, or'' at the end of subparagraph (B) and
inserting a period, and
(C) by striking subparagraph (C).
(2) Subparagraph (B) of section 415(b)(5) is amended by
striking ``and subsection (e)''.
(3) Paragraph (1) of section 415(f) is amended by striking
``subsections (b), (c), and (e)'' and inserting ``subsections
(b) and (c)''.
(4) Subsection (g) of section 415 is amended by striking
``subsections (e) and (f)'' in the last sentence and
inserting ``subsection (f)''.
(5) Clause (i) of section 415(k)(2)(A) is amended to read
as follows:
``(i) any contribution made directly by an employee under
such an arrangement shall not be treated as an annual
addition for purposes of subsection (c), and''.
(6) Clause (ii) of section 415(k)(2)(A) is amended by
striking ``subsections (c) and (e)'' and inserting
``subsection (c)''.
(7) Section 416 is amended by striking subsection (h).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to limitation
years beginning after December 31, 1998.
(2) Excess distributions.--The amendment made by subsection
(b) shall apply to years beginning after December 31, 1995.
SEC. 1453. TAX ON PROHIBITED TRANSACTIONS.
(a) In General.--Section 4975(a) is amended by striking ``5
percent'' and inserting ``10 percent''.
(b) Effective Date.--The amendment made by this section
shall apply to prohibited transactions occurring after the
date of the enactment of this Act.
SEC. 1454. TREATMENT OF LEASED EMPLOYEES.
(a) General Rule.--Subparagraph (C) of section 414(n)(2)
(defining leased employee) is amended to read as follows:
``(C) such services are performed under primary direction
or control by the recipient.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to years beginning after December 31, 1996, but
shall not apply to any relationship determined under an
Internal Revenue Service ruling issued before the date of the
enactment of this Act pursuant to section 414(n)(2)(C) of the
Internal Revenue Code of 1986 (as in effect on the day before
such date) not to involve a leased employee.
SEC. 1455. UNIFORM PENALTY PROVISIONS TO APPLY TO CERTAIN
PENSION REPORTING REQUIREMENTS.
(a) Penalties.--
(1) Statements.--Paragraph (1) of section 6724(d) is
amended by striking ``and'' at the end of subparagraph (A),
by striking the period at the end of subparagraph (B) and
inserting ``, and'', and by inserting after subparagraph (B)
the following new subparagraph:
``(C) any statement of the amount of payments to another
person required to be made to the Secretary under--
``(i) section 408(i) (relating to reports with respect to
individual retirement accounts or annuities), or
``(ii) section 6047(d) (relating to reports by employers,
plan administrators, etc.).''.
(2) Reports.--Paragraph (2) of section 6724(d), as amended
by section 1116, is amended by striking ``or'' at the end of
subparagraph (T), by striking the period at the end of
subparagraph (U) and inserting a comma, and by inserting
after subparagraph (U) the following new subparagraphs:
``(V) section 408(i) (relating to reports with respect to
individual retirement plans) to any person other than the
Secretary with respect to the amount of payments made to such
person, or
``(W) section 6047(d) (relating to reports by plan
administrators) to any person other than the Secretary with
respect to the amount of payments made to such person.''.
(b) Modification of Reportable Designated Distributions.--
(1) Section 408.--Subsection (i) of section 408 (relating
to individual retirement account reports) is amended by
inserting ``aggregating $10 or more in any calendar year''
after ``distributions''.
(2) Section 6047.--Paragraph (1) of section 6047(d)
(relating to reports by employers, plan administrators, etc.)
is amended by adding at the end the following new sentence:
``No return or report may be required under the preceding
sentence with respect to distributions to any person during
any year unless such distributions aggregate $10 or more.''.
(c) Qualifying Rollover Distributions.--Section 6652(i) is
amended--
(1) by striking ``the $10'' and inserting ``$100'', and
(2) by striking ``$5,000'' and inserting ``$50,000''.
(d) Conforming Amendments.--
(1) Paragraph (1) of section 6047(f) is amended to read as
follows:
``(1) For provisions relating to penalties for failures to file
returns and reports required under this section, see sections 6652(e),
6721, and 6722.''.
(2) Subsection (e) of section 6652 is amended by adding at
the end the following new sentence: ``This subsection shall
not apply to any return or statement which is an information
return described in section 6724(d)(1)(C)(ii) or a payee
statement described in section 6724(d)(2)(W).''.
(3) Subsection (a) of section 6693 is amended by adding at
the end the following new sentence: ``This subsection shall
not apply to any report which is an information return
described in section 6724(d)(1)(C)(i) or a payee statement
described in section 6724(d)(2)(V).''.
(e) Effective Date.--The amendments made by this section
shall apply to returns, reports, and other statements the due
date for which (determined without regard to extensions) is
after December 31, 1996.
SEC. 1456. RETIREMENT BENEFITS OF MINISTERS NOT SUBJECT TO
TAX ON NET EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Section 1402(a)(8) (defining net earning
from self-employment) is amended by inserting ``, but shall
not include in such net earnings from self-employment the
rental value of any parsonage (whether or not excludable
under section 107) provided after the individual retires, or
any other retirement benefit received by such individual from
a church plan (as defined in section 414(e)) after the
individual retires'' before the semicolon at the end.
(b) Effective Date.--The amendments made by this section
shall apply to years beginning before, on, or after December
31, 1994.
SEC. 1457. DATE FOR ADOPTION OF PLAN AMENDMENTS.
If any amendment made by this subtitle requires an
amendment to any plan or annuity contract, such amendment
shall not be required to be made before the first day of the
first plan year beginning on or after January 1, 1997, if--
(1) during the period after such amendment takes effect and
before such first plan year, the plan or contract is operated
in accordance with the requirements of such amendment, and
(2) such amendment applies retroactively to such period.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), this section
shall be applied by substituting ``1999'' for ``1997''.
Subtitle E--Foreign Simplification
SEC. 1501. REPEAL OF INCLUSION OF CERTAIN EARNINGS INVESTED
IN EXCESS PASSIVE ASSETS.
(a) In General.--
(1) Repeal of inclusion.--Paragraph (1) of section 951(a)
(relating to amounts included in gross income of United
States shareholders) is amended by striking subparagraph (C),
by striking ``; and'' at the end of subparagraph (B) and
inserting a period, and by adding ``and'' at the end of
subparagraph (A).
(2) Repeal of inclusion amount.--Section 956A (relating to
earnings invested in excess passive assets) is repealed.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 956(b) is amended to read as
follows:
``(1) Applicable earnings.--For purposes of this section,
the term `applicable earnings' means, with respect to any
controlled foreign corporation, the sum of--
``(A) the amount (not including a deficit) referred to in
section 316(a)(1), and
``(B) the amount referred to in section 316(a)(2),
but reduced by distributions made during the taxable year.''.
(2) Paragraph (3) of section 956(b) is amended to read as
follows:
``(3) Special rule where corporation ceases to be
controlled foreign corporation.--If any foreign corporation
ceases to be a controlled foreign corporation during any
taxable year--
``(A) the determination of any United States shareholder's
pro rata share shall be made on the basis of stock owned
(within the meaning of section 958(a)) by such shareholder on
the last day during the taxable year on which the foreign
corporation is a controlled foreign corporation,
``(B) the average referred to in subsection (a)(1)(A) for
such taxable year shall be determined by only taking into
account quarters ending on or before such last day, and
``(C) in determining applicable earnings, the amount taken
into account by reason of being described in paragraph (2) of
section 316(a) shall be the portion of the amount so
described which is allocable (on a pro rata basis) to the
part of such year during which the corporation is a
controlled foreign corporation.''.
(3) Subsection (a) of section 959 (relating to exclusion
from gross income of previously taxed earnings and profits)
is amended by adding ``or'' at the end of paragraph (1), by
striking ``or'' at the end of paragraph (2), and by striking
paragraph (3).
(4) Subsection (a) of section 959 is amended by striking
``paragraphs (2) and (3)'' in the last sentence and inserting
``paragraph (2)''.
(5) Subsection (c) of section 959 is amended by adding at
the end the following flush sentence:
``References in this subsection to section 951(a)(1)(C) and
subsection (a)(3) shall be treated as references to such
provisions as in effect on the day before the date of the
enactment of the Small Business Job Protection Act of
1996.''.
(6) Paragraph (1) of section 959(f) is amended to read as
follows:
``(1) In general.--For purposes of this section, amounts
that would be included under subparagraph (B) of section
951(a)(1) (determined without regard to this section) shall
be treated as attributable first to earnings described in
subsection (c)(2), and then to earnings described in
subsection (c)(3).''.
[[Page 1251]]
(7) Paragraph (2) of section 959(f) is amended by striking
``subparagraphs (B) and (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(8) Subsection (b) of section 989 is amended by striking
``subparagraph (B) or (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(9) Paragraph (9) of section 1297(b) is amended by striking
``subparagraph (B) or (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(10) Subsections (d)(3)(B) and (e)(2)(B)(ii) of section
1297 are each amended by striking ``or section 956A''.
(c) Clerical Amendment.--The table of sections for subpart
F of part III of subchapter N of chapter 1 is amended by
striking the item relating to section 956A.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 1996, and to taxable years of
United States shareholders within which or with which such
taxable years of foreign corporations end.
Subtitle F--Revenue Offsets
SEC. 1601. TERMINATION OF PUERTO RICO AND POSSESSION TAX
CREDIT.
(a) In General.--Section 936 is amended by adding at the
end the following new subsection:
``(j) Termination.--
``(1) In general.--Except as otherwise provided in this
subsection, this section shall not apply to any taxable year
beginning after December 31, 1995.
``(2) Transition rules for active business income credit.--
Except as provided in paragraph (3)--
``(A) Economic activity credit.--In the case of an existing
credit claimant--
``(i) with respect to a possession other than Puerto Rico,
and
``(ii) to which subsection (a)(4)(B) does not apply,
the credit determined under subsection (a)(1)(A) shall be
allowed for taxable years beginning after December 31, 1995,
and before January 1, 2002.
``(B) Special rule for reduced credit.--
``(i) In general.--In the case of an existing credit
claimant to which subsection (a)(4)(B) applies, the credit
determined under subsection (a)(1)(A) shall be allowed for
taxable years beginning after December 31, 1995, and before
January 1, 1998.
``(ii) Election irrevocable after 1997.--An election under
subsection (a)(4)(B)(iii) which is in effect for the
taxpayer's last taxable year beginning before 1997 may not be
revoked unless it is revoked for the taxpayer's first taxable
year beginning in 1997 and all subsequent taxable years.
``(C) Economic activity credit for puerto rico.--
``For economic activity credit for Puerto Rico, see section 30A.
``(3) Additional restricted credit.--
``(A) In general.--In the case of an existing credit
claimant--
``(i) the credit under subsection (a)(1)(A) shall be
allowed for the period beginning with the first taxable year
after the last taxable year to which subparagraph (A) or (B)
of paragraph (2), whichever is appropriate, applied and
ending with the last taxable year beginning before January 1,
2006, except that
``(ii) the aggregate amount of taxable income taken into
account under subsection (a)(1)(A) for any such taxable year
shall not exceed the adjusted base period income of such
claimant.
``(B) Coordination with subsection (a)(4).--The amount of
income described in subsection (a)(1)(A) which is taken into
account in applying subsection (a)(4) shall be such income as
reduced under this paragraph.
``(4) Adjusted base period income.--For purposes of
paragraph (3)--
``(A) In general.--The term `adjusted base period income'
means the average of the inflation-adjusted possession
incomes of the corporation for each base period year.
``(B) Inflation-adjusted possession income.--For purposes
of subparagraph (A), the inflation-adjusted possession income
of any corporation for any base period year shall be an
amount equal to the sum of--
``(i) the possession income of such corporation for such
base period year, plus
``(ii) such possession income multiplied by the inflation
adjustment percentage for such base period year.
``(C) Inflation adjustment percentage.--For purposes of
subparagraph (B), the inflation adjustment percentage for any
base period year means the percentage (if any) by which--
``(i) the CPI for 1995, exceeds
``(ii) the CPI for the calendar year in which the base
period year for which the determination is being made ends.
For purposes of the preceding sentence, the CPI for any
calendar year is the CPI (as defined in section 1(f)(5)) for
such year under section 1(f)(4).
``(D) Increase in inflation adjustment percentage for
growth during base years.--The inflation adjustment
percentage (determined under subparagraph (C) without regard
to this subparagraph) for each of the 5 taxable years
referred to in paragraph (5)(A) shall be increased by--
``(i) 5 percentage points in the case of a taxable year
ending during the 1-year period ending on October 13, 1995;
``(ii) 10.25 percentage points in the case of a taxable
year ending during the 1-year period ending on October 13,
1994;
``(iii) 15.76 percentage points in the case of a taxable
year ending during the 1-year period ending on October 13,
1993;
``(iv) 21.55 percentage points in the case of a taxable
year ending during the 1-year period ending on October 13,
1992; and
``(v) 27.63 percentage points in the case of a taxable year
ending during the 1-year period ending on October 13, 1991.
``(5) Base period year.--For purposes of this subsection--
``(A) In general.--The term `base period year' means each
of 3 taxable years which are among the 5 most recent taxable
years of the corporation ending before October 14, 1995,
determined by disregarding--
``(i) one taxable year for which the corporation had the
largest inflation-adjusted possession income, and
``(ii) one taxable year for which the corporation had the
smallest inflation-adjusted possession income.
``(B) Corporations not having significant possession income
throughout 5-year period.--
``(i) In general.--If a corporation does not have
significant possession income for each of the most recent 5
taxable years ending before October 14, 1995, then, in lieu
of applying subparagraph (A), the term `base period year'
means only those taxable years (of such 5 taxable years) for
which the corporation has significant possession income;
except that, if such corporation has significant possession
income for 4 of such 5 taxable years, the rule of
subparagraph (A)(ii) shall apply.
``(ii) Special rule.--If there is no year (of such 5
taxable years) for which a corporation has significant
possession income--
``(I) the term `base period year' means the first taxable
year ending on or after October 14, 1995, but
``(II) the amount of possession income for such year which
is taken into account under paragraph (4) shall be the amount
which would be determined if such year were a short taxable
year ending on September 30, 1995.
``(iii) Significant possession income.--For purposes of
this subparagraph, the term `significant possession income'
means possession income which exceeds 2 percent of the
possession income of the taxpayer for the taxable year (of
the period of 6 taxable years ending with the first taxable
year ending on or after October 14, 1995) having the greatest
possession income.
``(C) Election to use one base period year.--
``(i) In general.--At the election of the taxpayer, the
term `base period year' means--
``(I) only the last taxable year of the corporation ending
in calendar year 1992, or
``(II) a deemed taxable year which includes the first ten
months of calendar year 1995.
``(ii) Base period income for 1995.--In determining the
adjusted base period income of the corporation for the deemed
taxable year under clause (i)(II), the possession income
shall be annualized and shall be determined without regard to
any extraordinary item.
``(iii) Election.--An election under this subparagraph by
any possession corporation may be made only for the
corporation's first taxable year beginning after December 31,
1995, for which it is a possession corporation. The rules of
subclauses (II) and (III) of subsection (a)(4)(B)(iii) shall
apply to the election under this subparagraph.
``(D) Acquisitions and dispositions.--Rules similar to the
rules of subparagraphs (A) and (B) of section 41(f)(3) shall
apply for purposes of this subsection.
``(6) Possession income.--For purposes of this subsection,
the term `possession income' means, with respect to any
possession, the income referred to in subsection (a)(1)(A)
determined with respect to that possession. In no event shall
possession income be treated as being less than zero.
``(7) Short years.--If the current year or a base period
year is a short taxable year, the application of this
subsection shall be made with such annualizations as the
Secretary shall prescribe.
``(8) Special rules for certain possessions.--
``(A) In general.--In the case of an existing credit
claimant with respect to an applicable possession, this
section (other than the preceding paragraphs of this
subsection) shall apply to such claimant with respect to such
applicable possession for taxable years beginning after
December 31, 1995, and before January 1, 2006.
``(B) Applicable possession.--For purposes of this
paragraph, the term `applicable possession' means Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
``(9) Existing credit claimant.--For purposes of this
subsection--
``(A) In general.--The term `existing credit claimant'
means a corporation--
``(i) which was actively conducting a trade or business in
a possession on October 13, 1995, and
``(ii) with respect to which an election under this section
is in effect for the corporation's taxable year which
includes October 13, 1995.
``(B) New lines of business prohibited.--If, after October
13, 1995, a corporation which would (but for this
subparagraph) be an existing credit claimant adds a
substantial new line of business, such corporation shall
cease to be treated as an existing credit claimant as of the
close of the taxable year ending before the date of such
addition.
``(C) Binding contract exception.--If, on October 13, 1995,
and at all times thereafter, there is in effect with respect
to a corporation a binding contract for the acquisition of
assets to be used in, or for the sale of assets
[[Page 1252]]
to be produced from, a trade or business, the corporation
shall be treated for purposes of this paragraph as actively
conducting such trade or business on October 13, 1995. The
preceding sentence shall not apply if such trade or business
is not actively conducted before January 1, 1996.
``(10) Separate application to each possession.--For
purposes of determining--
``(A) whether a taxpayer is an existing credit claimant,
and
``(B) the amount of the credit allowed under this section,
this subsection (and so much of this section as relates to
this subsection) shall be applied separately with respect to
each possession.''.
(b) Economic Activity Credit for Puerto Rico.--
(1) In general.--Subpart B of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 30A. PUERTO RICAN ECONOMIC ACTIVITY CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--Except as otherwise provided in this
section, if the conditions of both paragraph (1) and
paragraph (2) of subsection (b) are satisfied with respect to
a qualified domestic corporation, there shall be allowed as a
credit against the tax imposed by this chapter an amount
equal to the portion of the tax which is attributable to the
taxable income, from sources without the United States,
from--
``(A) the active conduct of a trade or business within
Puerto Rico, or
``(B) the sale or exchange of substantially all of the
assets used by the taxpayer in the active conduct of such
trade or business.
In the case of any taxable year beginning after December 31,
2001, the aggregate amount of taxable income taken into
account under the preceding sentence (and in applying
subsection (d)) shall not exceed the adjusted base period
income of such corporation, as determined in the same manner
as under section 936(j).
``(2) Qualified domestic corporation.--For purposes of
paragraph (1), the term `qualified domestic corporation'
means a domestic corporation--
``(A) which is an existing credit claimant with respect to
Puerto Rico, and
``(B) with respect to which section 936(a)(4)(B) does not
apply for the taxable year.
``(3) Separate application.--For purposes of determining--
``(A) whether a taxpayer is an existing credit claimant
with respect to Puerto Rico, and
``(B) the amount of the credit allowed under this section,
this section (and so much of section 936 as relates to this
section) shall be applied separately with respect to Puerto
Rico.
``(b) Conditions Which Must Be Satisfied.--The conditions
referred to in subsection (a) are--
``(1) 3-year period.--If 80 percent or more of the gross
income of the qualified domestic corporation for the 3-year
period immediately preceding the close of the taxable year
(or for such part of such period immediately preceding the
close of such taxable year as may be applicable) was derived
from sources within a possession (determined without regard
to section 904(f)).
``(2) Trade or business.--If 75 percent or more of the
gross income of the qualified domestic corporation for such
period or such part thereof was derived from the active
conduct of a trade or business within a possession.
``(c) Credit Not Allowed Against Certain Taxes.--The credit
provided by subsection (a) shall not be allowed against the
tax imposed by--
``(1) section 59A (relating to environmental tax),
``(2) section 531 (relating to the tax on accumulated
earnings),
``(3) section 541 (relating to personal holding company
tax), or
``(4) section 1351 (relating to recoveries of foreign
expropriation losses).
``(d) Limitations on Credit for Active Business Income.--
The amount of the credit determined under subsection (a) for
any taxable year shall not exceed the sum of the following
amounts:
``(1) 60 percent of the sum of--
``(A) the aggregate amount of the qualified domestic
corporation's qualified possession wages for such taxable
year, plus
``(B) the allocable employee fringe benefit expenses of the
qualified domestic corporation for such taxable year.
``(2) The sum of--
``(A) 15 percent of the deprecation allowances for the
taxable year with respect to short-life qualified tangible
property,
``(B) 40 percent of the depreciation allowances for the
taxable year with respect to medium-life qualified tangible
property, and
``(C) 65 percent of the depreciation allowances for the
taxable year with respect to long-life qualified tangible
property.
``(3) If the qualified domestic corporation does not have
an election to use the method described in section
936(h)(5)(C)(ii) (relating to profit split) in effect for the
taxable year, the amount of the qualified possession income
taxes for the taxable year allocable to nonsheltered income.
``(e) Administrative Provisions.--For purposes of this
title--
``(1) the provisions of section 936 (including any
applicable election thereunder) shall apply in the same
manner as if the credit under this section were a credit
under section 936(a)(1)(A) for a domestic corporation to
which section 936(a)(4)(A) applies,
``(2) the credit under this section shall be treated in the
same manner as the credit under section 936, and
``(3) a corporation to which this section applies shall be
treated in the same manner as if it were a corporation
electing the application of section 936.
``(f) Definitions.--For purposes of this section, any term
used in this section which is also used in section 936 shall
have the same meaning given such term by section 936.
``(g) Application of Section.--This section shall apply to
taxable years beginning after December 31, 1995, and before
January 1, 2006.''.
(2) Conforming amendments.--
(A) Paragraph (1) of section 55(c) is amended by striking
``and the section 936 credit allowable under section 27(b)''
and inserting ``, the section 936 credit allowable under
section 27(b), and the Puerto Rican economic activity credit
under section 30A''.
(B) Subclause (I) of section 56(g)(4)(C)(ii) is amended--
(i) by inserting ``30A,'' before ``936'', and
(ii) by striking ``and (i)'' and inserting ``, (i), and
(j)''.
(C) Clause (iii) of section 56(g)(4)(C) is amended by
adding at the end the following new subclause:
``(VI) Application to section 30a corporations.--References
in this clause to section 936 shall be treated as including
references to section 30A.''.
(D) Subsection (b) of section 59 is amended by striking
``section 936,'' and all that follows and inserting ``section
30A or 936, alternative minimum taxable income shall not
include any income with respect to which a credit is
determined under section 30A or 936.''.
(E) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 30A. Puerto Rican economic activity credit.''.
(F)(i) The heading for subpart B of part IV of subchapter A
of chapter 1 is amended to read as follows:
``Subpart B--Other Credits''.
(ii) The table of subparts for part IV of subchapter A of
chapter 1 is amended by striking the item relating to subpart
B and inserting the following new item:
``Subpart B. Other credits.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 1602. REPEAL OF EXCLUSION FOR INTEREST ON LOANS USED TO
ACQUIRE EMPLOYER SECURITIES.
(a) In General.--Section 133 (relating to interest on
certain loans used to acquire employer securities) is hereby
repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 291(e)(1) is amended by
striking clause (iv) and by redesignating clause (v) as
clause (iv).
(2) Section 812 is amended by striking subsection (g).
(3) Paragraph (5) of section 852(b) is amended by striking
subparagraph (C).
(4) Paragraph (2) of section 4978(b) is amended by striking
subparagraph (A) and all that follows and inserting the
following:
``(A) first from qualified securities to which section 1042
applied acquired during the 3-year period ending on the date
of the disposition, beginning with the securities first so
acquired, and
``(B) then from any other employer securities.
If subsection (d) applies to a disposition, the disposition
shall be treated as made from employer securities in the
opposite order of the preceding sentence.''.
(5)(A) Section 4978B (relating to tax on disposition of
employer securities to which section 133 applied) is hereby
repealed.
(B) The table of sections for chapter 43 is amended by
striking the item relating to section 4978B.
(6) Subsection (e) of section 6047 is amended by striking
paragraphs (1), (2), and (3) and inserting the following new
paragraphs:
``(1) any employer maintaining, or the plan administrator
(within the meaning of section 414(g)) of, an employee stock
ownership plan which holds stock with respect to which
section 404(k) applies to dividends paid on such stock, or
``(2) both such employer or plan administrator,''.
(7) Subsection (f) of section 7872 is amended by striking
paragraph (12).
(8) The table of sections for part III of subchapter B of
chapter 1 is amended by striking the item relating to section
133.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to loans made after October 13, 1995.
(2) Refinancings.--The amendments made by this section
shall not apply to loans made after October 13, 1995, to
refinance securities acquisition loans (determined without
regard to section 133(b)(1)(B) of the Internal Revenue Code
of 1986, as in effect on the day before the date of the
enactment of this Act) made on or before such date or to
refinance loans described in this paragraph if--
(A) the refinancing loans meet the requirements of section
133 of such Code (as so in effect),
(B) immediately after the refinancing the principal amount
of the loan resulting from the refinancing does not exceed
the principal
[[Page 1253]]
amount of the refinanced loan (immediately before the
refinancing), and
(C) the term of such refinancing loan does not extend
beyond the last day of the term of the original securities
acquisition loan.
For purposes of this paragraph, the term ``securities
acquisition loan'' includes a loan from a corporation to an
employee stock ownership plan described in section 133(b)(3)
of such Code (as so in effect).
(3) Exception.--Any loan made pursuant to a binding written
contract in effect on October 13, 1995, and at all times
thereafter before such loan is made, shall be treated for
purposes of paragraphs (1) and (2) as a loan made before such
date.
SEC. 1603. CERTAIN AMOUNTS DERIVED FROM FOREIGN CORPORATIONS
TREATED AS UNRELATED BUSINESS TAXABLE INCOME.
(a) General Rule.--Subsection (b) of section 512 (relating
to modifications) is amended by adding at the end the
following new paragraph:
``(17) Treatment of certain amounts derived from foreign
corporations.--
``(A) In general.--Notwithstanding paragraph (1), any
amount included in gross income under section 951(a)(1)(A)
shall be included as an item of gross income derived from an
unrelated trade or business to the extent the amount so
included is attributable to insurance income (as defined in
section 953) which, if derived directly by the organization,
would be treated as gross income from an unrelated trade or
business. There shall be allowed all deductions directly
connected with amounts included in gross income under the
preceding sentence.
``(B) Exception.--Subparagraph (A) shall not apply to
income attributable to a policy of insurance or reinsurance
with respect to which the person (directly or indirectly)
insured is--
``(i) such organization,
``(ii) an affiliate of such organization which is exempt
from tax under section 501(a), or
``(iii) a director or officer of, or an individual who
(directly or indirectly) performs services for, such
organization or affiliate but only if the insurance covers
primarily risks associated with the performance of services
in connection with such organization or affiliate.
For purposes of this subparagraph, the determination as to
whether an entity is an affiliate of an organization shall be
made under rules similar to the rules of section
168(h)(4)(B).
``(C) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this paragraph, including regulations for the
application of this paragraph in the case of income paid
through 1 or more entities or between 2 or more chains of
entities.''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts included in gross income in any
taxable year beginning after December 31, 1995.
SEC. 1604. DEPRECIATION UNDER INCOME FORECAST METHOD.
(a) General Rule.--Section 167 (relating to depreciation)
is amended by redesignating subsection (g) as subsection (h)
and by inserting after subsection (f) the following new
subsection:
``(g) Depreciation Under Income Forecast Method.--
``(1) In general.--If the depreciation deduction allowable
under this section to any taxpayer with respect to any
property is determined under the income forecast method or
any similar method--
``(A) the income from the property to be taken into account
in determining the depreciation deduction under such method
shall be equal to the amount of income earned in connection
with the property before the close of the 10th taxable year
following the taxable year in which the property was placed
in service,
``(B) the adjusted basis of the property shall only include
amounts with respect to which the requirements of section
461(h) are satisfied,
``(C) the depreciation deduction under such method for the
10th taxable year beginning after the taxable year in which
the property was placed in service shall be equal to the
adjusted basis of such property as of the beginning of such
10th taxable year, and
``(D) such taxpayer shall pay (or be entitled to receive)
interest computed under the look-back method of paragraph (2)
for any recomputation year.
``(2) Look-back method.--The interest computed under the
look-back method of this paragraph for any recomputation year
shall be determined by--
``(A) first determining the depreciation deductions under
this section with respect to such property which would have
been allowable for prior taxable years if the determination
of the amounts so allowable had been made on the basis of the
sum of the following (instead of the estimated income from
such property)--
``(i) the actual income earned in connection with such
property for periods before the close of the recomputation
year, and
``(ii) an estimate of the future income to be earned in
connection with such property for periods after the
recomputation year and before the close of the 10th taxable
year following the taxable year in which the property was
placed in service,
``(B) second, determining (solely for purposes of computing
such interest) the overpayment or underpayment of tax for
each such prior taxable year which would result solely from
the application of subparagraph (A), and
``(C) then using the adjusted overpayment rate (as defined
in section 460(b)(7)), compounded daily, on the overpayment
or underpayment determined under subparagraph (B).
For purposes of the preceding sentence, any cost incurred
after the property is placed in service (which is not treated
as a separate property under paragraph (5)) shall be taken
into account by discounting (using the Federal mid-term rate
determined under section 1274(d) as of the time such cost is
incurred) such cost to its value as of the date the property
is placed in service. The taxpayer may elect with respect to
any property to have the preceding sentence not apply to such
property.
``(3) Exception from look-back method.--Paragraph (1)(D)
shall not apply with respect to any property which, when
placed in service by the taxpayer, had a basis of $100,000 or
less.
``(4) Recomputation year.--For purposes of this subsection,
except as provided in regulations, the term `recomputation
year' means, with respect to any property, the 3d and the
10th taxable years beginning after the taxable year in which
the property was placed in service, unless the actual income
earned in connection with the property for the period before
the close of such 3d or 10th taxable year is within 10
percent of the income earned in connection with the property
for such period which was taken into account under paragraph
(1)(A).
``(5) Special rules.--
``(A) Certain costs treated as separate property.--For
purposes of this subsection, the following costs shall be
treated as separate properties:
``(i) Any costs incurred with respect to any property after
the 10th taxable year beginning after the taxable year in
which the property was placed in service.
``(ii) Any costs incurred after the property is placed in
service and before the close of such 10th taxable year if
such costs are significant and give rise to a significant
increase in the income from the property which was not
included in the estimated income from the property.
``(B) Syndication income from television series.--In the
case of property which is an episode in a television series,
income from syndicating such series shall not be required to
be taken into account under this subsection before the
earlier of--
``(i) the 4th taxable year beginning after the date the
first episode in such series is placed in service, or
``(ii) the earliest taxable year in which the taxpayer has
an arrangement relating to the future syndication of such
series.
``(C) Special rules for financial exploitation of
characters, etc.--For purposes of this subsection, in the
case of television and motion picture films, the income from
the property shall include income from the exploitation of
characters, designs, scripts, scores, and other incidental
income associated with such films, but only to the extent
that such income is earned in connection with the ultimate
use of such items by, or the ultimate sale of merchandise to,
persons who are not related persons (within the meaning of
section 267(b)) to the taxpayer.
``(D) Collection of interest.--For purposes of subtitle F
(other than sections 6654 and 6655), any interest required to
be paid by the taxpayer under paragraph (1) for any
recomputation year shall be treated as an increase in the tax
imposed by this chapter for such year.
``(E) Determinations.--For purposes of paragraph (2),
determinations of the amount of income earned in connection
with any property shall be made in the same manner as for
purposes of applying the income forecast method; except that
any income from the disposition of such property shall be
taken into account.
``(F) Treatment of pass-thru entities.--Rules similar to
the rules of section 460(b)(4) shall apply for purposes of
this subsection.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to property placed in service after September 13, 1995.
(2) Binding contracts.--The amendment made by subsection
(a) shall not apply to any property produced or acquired by
the taxpayer pursuant to a written contract which was binding
on September 13, 1995, and at all times thereafter before
such production or acquisition.
SEC. 1605. REPEAL OF EXCLUSION FOR PUNITIVE DAMAGES AND FOR
DAMAGES NOT ATTRIBUTABLE TO PHYSICAL INJURIES
OR SICKNESS.
(a) In General.--Paragraph (2) of section 104(a) (relating
to compensation for injuries or sickness) is amended to read
as follows:
``(2) the amount of any damages (other than punitive
damages) received (whether by suit or agreement and whether
as lump sums or as periodic payments) on account of personal
physical injuries or physical sickness;''.
(b) Emotional Distress as Such Treated as Not Physical
Injury or Physical Sickness.--Section 104(a) is amended by
striking the last sentence and inserting the following new
sentence: ``For purposes of paragraph (2), emotional distress
shall not be treated as a physical injury or physical
sickness. The preceding sentence shall not apply to an amount
of damages not in excess of the amount paid for medical care
(described in subparagraph (A) or (B) of section 213(d)(1))
attributable to emotional distress.''.
(c) Application of Prior Law for States in Which Only
Punitive Damages May Be Awarded in Wrongful Death Actions.--
[[Page 1254]]
Section 104 is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Application of Prior Law in Certain Cases.--The
phrase `(other than punitive damages)' shall not apply to
punitive damages awarded in a civil action--
``(1) which is a wrongful death action, and
``(2) with respect to which applicable State law (as in
effect on September 13, 1995 and without regard to any
modification after such date) provides, or has been construed
to provide by a court of competent jurisdiction pursuant to a
decision issued on or before September 13, 1995, that only
punitive damages may be awarded in such an action.
This subsection shall cease to apply to any civil action
filed on or after the first date on which the applicable
State law ceases to provide (or is no longer construed to
provide) the treatment described in paragraph (2).''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to amounts
received after June 30, 1996, in taxable years ending after
such date.
(2) Exception.--The amendments made by this section shall
not apply to any amount received under a written binding
agreement, court decree, or mediation award in effect on (or
issued on or before) September 13, 1995.
SEC. 1606. REPEAL OF DIESEL FUEL TAX REBATE TO PURCHASERS OF
DIESEL-POWERED AUTOMOBILES AND LIGHT TRUCKS.
(a) In General.--Section 6427 (relating to fuels not used
for taxable purposes) is amended by striking subsection (g).
(b) Conforming Amendments.--
(1) Paragraph (3) of section 34(a) is amended to read as
follows:
``(3) under section 6427 with respect to fuels used for
nontaxable purposes or resold during the taxable year
(determined without regard to section 6427(k)).''.
(2) Paragraphs (1) and (2)(A) of section 6427(i) are each
amended--
(A) by striking ``(g),'', and
(B) by striking ``(or a qualified diesel powered highway
vehicle purchased)'' each place it appears.
(c) Effective Date.--The amendments made by this section
shall apply to vehicles purchased after the date of the
enactment of this Act.
Subtitle G--Technical Corrections
SEC. 1701. COORDINATION WITH OTHER SUBTITLES.
For purposes of applying the amendments made by any
subtitle of this title other than this subtitle, the
provisions of this subtitle shall be treated as having been
enacted immediately before the provisions of such other
subtitles.
SEC. 1702. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT
OF 1990.
(a) Amendments Related to Subtitle A.--
(1) Subparagraph (B) of section 59(j)(3) is amended by
striking ``section 1(i)(3)(B)'' and inserting ``section
1(g)(3)(B)''.
(2) Clause (i) of section 151(d)(3)(C) is amended by
striking ``joint of a return'' and inserting ``joint
return''.
(b) Amendments Related to Subtitle B.--
(1) Paragraph (1) of section 11212(e) of the Revenue
Reconciliation Act of 1990 is amended by striking ``Paragraph
(1) of section 6724(d)'' and inserting ``Subparagraph (B) of
section 6724(d)(1)''.
(2)(A) Subparagraph (B) of section 4093(c)(2), as in effect
before the amendments made by the Revenue Reconciliation Act
of 1993, is amended by inserting before the period ``unless
such fuel is sold for exclusive use by a State or any
political subdivision thereof''.
(B) Paragraph (4) of section 6427(l), as in effect before
the amendments made by the Revenue Reconciliation Act of
1993, is amended by inserting before the period ``unless such
fuel was used by a State or any political subdivision
thereof''.
(3) Paragraph (1) of section 6416(b) is amended by striking
``chapter 32 or by section 4051'' and inserting ``chapter 31
or 32''.
(4) Section 7012 is amended--
(A) by striking ``production or importation of gasoline''
in paragraph (3) and inserting ``taxes on gasoline and diesel
fuel'', and
(B) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively.
(5) Subsection (c) of section 5041 is amended by striking
paragraph (6) and by inserting the following new paragraphs:
``(6) Credit for transferee in bond.--If--
``(A) wine produced by any person would be eligible for any
credit under paragraph (1) if removed by such person during
the calendar year,
``(B) wine produced by such person is removed during such
calendar year by any other person (hereafter in this
paragraph referred to as the `transferee') to whom such wine
was transferred in bond and who is liable for the tax imposed
by this section with respect to such wine, and
``(C) such producer holds title to such wine at the time of
its removal and provides to the transferee such information
as is necessary to properly determine the transferee's credit
under this paragraph,
then, the transferee (and not the producer) shall be allowed
the credit under paragraph (1) which would be allowed to the
producer if the wine removed by the transferee had been
removed by the producer on that date.
``(7) Regulations.--The Secretary may prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including regulations--
``(A) to prevent the credit provided in this subsection
from benefiting any person who produces more than 250,000
wine gallons during a calendar year, and
``(B) to assure proper reduction of such credit for persons
producing more than 150,000 wine gallons of wine during a
calendar year.''.
(6) Paragraph (3) of section 5061(b) is amended to read as
follows:
``(3) section 5041(f),''.
(7) Section 5354 is amended by inserting ``(taking into
account the appropriate amount of credit with respect to such
wine under section 5041(c))'' after ``any one time''.
(c) Amendments Related to Subtitle C.--
(1) Paragraph (4) of section 56(g) is amended by
redesignating subparagraphs (I) and (J) as subparagraphs (H)
and (I), respectively.
(2) Subparagraph (B) of section 6724(d)(1) is amended--
(A) by striking ``or'' at the end of clause (xii), and
(B) by striking the period at the end of clause (xiii) and
inserting ``, or''.
(3) Subsection (g) of section 6302 is amended by inserting
``, 22,'' after ``chapters 21''.
(4) The earnings and profits of any insurance company to
which section 11305(c)(3) of the Revenue Reconciliation Act
of 1990 applies shall be determined without regard to any
deduction allowed under such section; except that, for
purposes of applying sections 56 and 902, and subpart F of
part III of subchapter N of chapter 1 of the Internal Revenue
Code of 1986, such deduction shall be taken into account.
(5) Subparagraph (D) of section 6038A(e)(4) is amended--
(A) by striking ``any transaction to which the summons
relates'' and inserting ``any affected taxable year'', and
(B) by adding at the end thereof the following new
sentence: ``For purposes of this subparagraph, the term
`affected taxable year' means any taxable year if the
determination of the amount of tax imposed for such taxable
year is affected by the treatment of the transaction to which
the summons relates.''.
(6) Subparagraph (A) of section 6621(c)(2) is amended by
adding at the end thereof the following new flush sentence:
``The preceding sentence shall be applied without regard to
any such letter or notice which is withdrawn by the
Secretary.''.
(7) Clause (i) of section 6621(c)(2)(B) is amended by
striking ``this subtitle'' and inserting ``this title''.
(d) Amendments Related to Subtitle D.--
(1) Notwithstanding section 11402(c) of the Revenue
Reconciliation Act of 1990, the amendment made by section
11402(b)(1) of such Act shall apply to taxable years ending
after December 31, 1989.
(2) Clause (ii) of section 143(m)(4)(C) is amended--
(A) by striking ``any month of the 10-year period'' and
inserting ``any year of the 4-year period'',
(B) by striking ``succeeding months'' and inserting
``succeeding years'', and
(C) by striking ``over the remainder of such period (or, if
lesser, 5 years)'' and inserting ``to zero over the
succeeding 5 years''.
(e) Amendments Related to Subtitle E.--
(1)(A) Clause (ii) of section 56(d)(1)(B) is amended to
read as follows:
``(ii) appropriate adjustments in the application of
section 172(b)(2) shall be made to take into account the
limitation of subparagraph (A).''.
(B) For purposes of applying sections 56(g)(1) and 56(g)(3)
of the Internal Revenue Code of 1986 with respect to taxable
years beginning in 1991 and 1992, the reference in such
sections to the alternative tax net operating loss deduction
shall be treated as including a reference to the deduction
under section 56(h) of such Code as in effect before the
amendments made by section 1915 of the Energy Policy Act of
1992.
(2) Clause (i) of section 613A(c)(3)(A) is amended by
striking ``the table contained in''.
(3) Section 6501 is amended--
(A) by striking subsection (m) (relating to deficiency
attributable to election under section 44B) and by
redesignating subsections (n) and (o) as subsections (m) and
(n), respectively, and
(B) by striking ``section 40(f) or 51(j)'' in subsection
(m) (as redesignated by subparagraph (A)) and inserting
``section 40(f), 43, or 51(j)''.
(4) Subparagraph (C) of section 38(c)(2) (as in effect on
the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) is amended by inserting before
the period at the end of the first sentence the following:
``and without regard to the deduction under section 56(h)''.
(5) The amendment made by section 1913(b)(2)(C)(i) of the
Energy Policy Act of 1992 shall apply to taxable years
beginning after December 31, 1990.
(f) Amendments Related to Subtitle F.--
(1)(A) Section 2701(a)(3) is amended by adding at the end
thereof the following new subparagraph:
``(C) Valuation of qualified payments where no liquidation,
etc. rights.--In the case of an applicable retained interest
which is described in subparagraph (B)(i) but not
subparagraph (B)(ii), the value of the distribution right
shall be determined without regard to this section.''.
(B) Section 2701(a)(3)(B) is amended by inserting
``certain'' before ``qualified'' in the heading thereof.
(C) Sections 2701 (d)(1) and (d)(4) are each amended by
striking ``subsection (a)(3)(B)'' and inserting ``subsection
(a)(3) (B) or (C)''.
[[Page 1255]]
(2) Clause (i) of section 2701(a)(4)(B) is amended by
inserting ``(or, to the extent provided in regulations, the
rights as to either income or capital)'' after ``income and
capital''.
(3)(A) Section 2701(b)(2) is amended by adding at the end
thereof the following new subparagraph:
``(C) Applicable family member.--For purposes of this
subsection, the term `applicable family member' includes any
lineal descendant of any parent of the transferor or the
transferor's spouse.''.
(B) Section 2701(e)(3) is amended--
(i) by striking subparagraph (B), and
(ii) by striking so much of paragraph (3) as precedes
``shall be treated as holding'' and inserting:
``(3) Attribution of indirect holdings and transfers.--An
individual''.
(C) Section 2704(c)(3) is amended by striking ``section
2701(e)(3)(A)'' and inserting ``section 2701(e)(3)''.
(4) Clause (i) of section 2701(c)(1)(B) is amended to read
as follows:
``(i) a right to distributions with respect to any interest
which is junior to the rights of the transferred interest,''.
(5)(A) Clause (i) of section 2701(c)(3)(C) is amended to
read as follows:
``(i) In general.--Payments under any interest held by a
transferor which (without regard to this subparagraph) are
qualified payments shall be treated as qualified payments
unless the transferor elects not to treat such payments as
qualified payments. Payments described in the preceding
sentence which are held by an applicable family member shall
be treated as qualified payments only if such member elects
to treat such payments as qualified payments.''.
(B) The first sentence of section 2701(c)(3)(C)(ii) is
amended to read as follows: ``A transferor or applicable
family member holding any distribution right which (without
regard to this subparagraph) is not a qualified payment may
elect to treat such right as a qualified payment, to be paid
in the amounts and at the times specified in such
election.''.
(C) The time for making an election under the second
sentence of section 2701(c)(3)(C)(i) of the Internal Revenue
Code of 1986 (as amended by subparagraph (A)) shall not
expire before the due date (including extensions) for filing
the transferor's return of the tax imposed by section 2501 of
such Code for the first calendar year ending after the date
of enactment.
(6) Section 2701(d)(3)(A)(iii) is amended by striking ``the
period ending on the date of''.
(7) Subclause (I) of section 2701(d)(3)(B)(ii) is amended
by inserting ``or the exclusion under section 2503(b),''
after ``section 2523,''.
(8) Section 2701(e)(5) is amended--
(A) by striking ``such contribution to capital or such
redemption, recapitalization, or other change'' in
subparagraph (A) and inserting ``such transaction'', and
(B) by striking ``the transfer'' in subparagraph (B) and
inserting ``such transaction''.
(9) Section 2701(d)(4) is amended by adding at the end
thereof the following new subparagraph:
``(C) Transfer to transferors.--In the case of a taxable
event described in paragraph (3)(A)(ii) involving a transfer
of an applicable retained interest from an applicable family
member to a transferor, this subsection shall continue to
apply to the transferor during any period the transferor
holds such interest.''.
(10) Section 2701(e)(6) is amended by inserting ``or to
reflect the application of subsection (d)'' before the period
at the end thereof.
(11)(A) Section 2702(a)(3)(A) is amended--
(i) by striking ``to the extent'' and inserting ``if'' in
clause (i),
(ii) by striking ``or'' at the end of clause (i),
(iii) by striking the period at the end of clause (ii) and
inserting ``, or'', and
(iv) by adding at the end thereof the following new clause:
``(iii) to the extent that regulations provide that such
transfer is not inconsistent with the purposes of this
section.''.
(B)(i) Section 2702(a)(3) is amended by striking
``incomplete transfer'' each place it appears and inserting
``incomplete gift''.
(ii) The heading for section 2702(a)(3)(B) is amended by
striking ``Incomplete transfer'' and inserting ``Incomplete
gift''.
(g) Amendments Related to Subtitle G.--
(1)(A) Subsection (a) of section 1248 is amended--
(i) by striking ``, or if a United States person receives a
distribution from a foreign corporation which, under section
302 or 331, is treated as an exchange of stock'' in paragraph
(1), and
(ii) by adding at the end thereof the following new
sentence: ``For purposes of this section, a United States
person shall be treated as having sold or exchanged any stock
if, under any provision of this subtitle, such person is
treated as realizing gain from the sale or exchange of such
stock.''.
(B) Paragraph (1) of section 1248(e) is amended by striking
``, or receives a distribution from a domestic corporation
which, under section 302 or 331, is treated as an exchange of
stock''.
(C) Subparagraph (B) of section 1248(f)(1) is amended by
striking ``or 361(c)(1)'' and inserting ``355(c)(1), or
361(c)(1)''.
(D) Paragraph (1) of section 1248(i) is amended to read as
follows:
``(1) In general.--If any shareholder of a 10-percent
corporate shareholder of a foreign corporation exchanges
stock of the 10-percent corporate shareholder for stock of
the foreign corporation, such 10-percent corporate
shareholder shall recognize gain in the same manner as if the
stock of the foreign corporation received in such exchange
had been--
``(A) issued to the 10-percent corporate shareholder, and
``(B) then distributed by the 10-percent corporate
shareholder to such shareholder in redemption or liquidation
(whichever is appropriate).
The amount of gain recognized by such 10-percent corporate
shareholder under the preceding sentence shall not exceed the
amount treated as a dividend under this section.''.
(2) Section 897 is amended by striking subsection (f).
(3) Paragraph (13) of section 4975(d) is amended by
striking ``section 408(b)'' and inserting ``section
408(b)(12)''.
(4) Clause (iii) of section 56(g)(4)(D) is amended by
inserting ``, but only with respect to taxable years
beginning after December 31, 1989'' before the period at the
end thereof.
(5)(A) Paragraph (11) of section 11701(a) of the Revenue
Reconciliation Act of 1990 (and the amendment made by such
paragraph) are hereby repealed, and section 7108(r)(2) of the
Revenue Reconciliation Act of 1989 shall be applied as if
such paragraph (and amendment) had never been enacted.
(B) Subparagraph (A) shall not apply to any building if the
owner of such building establishes to the satisfaction of the
Secretary of the Treasury or his delegate that such owner
reasonably relied on the amendment made by such paragraph
(11).
(h) Amendments Related to Subtitle H.--
(1)(A) Clause (vi) of section 168(e)(3)(B) is amended by
striking ``or'' at the end of subclause (I), by striking the
period at the end of subclause (II) and inserting ``, or'',
and by adding at the end thereof the following new subclause:
``(III) is described in section 48(l)(3)(A)(ix) (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).''.
(B) Subparagraph (B) of section 168(e)(3) (relating to 5-
year property) is amended by adding at the end the following
flush sentence:
``Nothing in any provision of law shall be construed to treat
property as not being described in clause (vi)(I) (or the
corresponding provisions of prior law) by reason of being
public utility property (within the meaning of section
48(a)(3)).''.
(C) Subparagraph (K) of section 168(g)(4) is amended by
striking ``section 48(a)(3)(A)(iii)'' and inserting ``section
48(l)(3)(A)(ix) (as in effect on the day before the date of
the enactment of the Revenue Reconciliation Act of 1990)''.
(2) Clause (ii) of section 172(b)(1)(E) is amended by
striking ``subsection (m)'' and inserting ``subsection (h)''.
(3) Sections 805(a)(4)(E), 832(b)(5)(C)(ii)(II), and
832(b)(5)(D)(ii)(II) are each amended by striking
``243(b)(5)'' and inserting ``243(b)(2)''.
(4) Subparagraph (A) of section 243(b)(3) is amended by
inserting ``of'' after ``In the case''.
(5) The subsection heading for subsection (a) of section
280F is amended by striking ``Investment Tax Credit and''.
(6) Clause (i) of section 1504(c)(2)(B) is amended by
inserting ``section'' before ``243(b)(2)''.
(7) Paragraph (3) of section 341(f) is amended by striking
``351, 361, 371(a), or 374(a)'' and inserting ``351, or
361''.
(8) Paragraph (2) of section 243(b) is amended to read as
follows:
``(2) Affiliated group.--For purposes of this subsection:
``(A) In general.--The term `affiliated group' has the
meaning given such term by section 1504(a), except that for
such purposes sections 1504(b)(2), 1504(b)(4), and 1504(c)
shall not apply.
``(B) Group must be consistent in foreign tax treatment.--
The requirements of paragraph (1)(A) shall not be treated as
being met with respect to any dividend received by a
corporation if, for any taxable year which includes the day
on which such dividend is received--
``(i) 1 or more members of the affiliated group referred to
in paragraph (1)(A) choose to any extent to take the benefits
of section 901, and
``(ii) 1 or more other members of such group claim to any
extent a deduction for taxes otherwise creditable under
section 901.''.
(9) The amendment made by section 11813(b)(17) of the
Revenue Reconciliation Act of 1990 shall be applied as if the
material stricken by such amendment included the closing
parenthesis after ``section 48(a)(5)''.
(10) Paragraph (1) of section 179(d) is amended by striking
``in a trade or business'' and inserting ``a trade or
business''.
(11) Subparagraph (E) of section 50(a)(2) is amended by
striking ``section 48(a)(5)(A)'' and inserting ``section
48(a)(5)''.
(12) The amendment made by section 11801(c)(9)(G)(ii) of
the Revenue Reconciliation Act of 1990 shall be applied as if
it struck ``Section 422A(c)(2)'' and inserted ``Section
422(c)(2)''.
(13) Subparagraph (B) of section 424(c)(3) is amended by
striking ``a qualified stock option, an incentive stock
option, an option granted under an employee stock purchase
plan, or a restricted stock option'' and inserting ``an
incentive stock option or an option granted under an employee
stock purchase plan''.
(14) Subparagraph (E) of section 1367(a)(2) is amended by
striking ``section
[[Page 1256]]
613A(c)(13)(B)'' and inserting ``section 613A(c)(11)(B)''.
(15) Subparagraph (B) of section 460(e)(6) is amended by
striking ``section 167(k)'' and inserting ``section
168(e)(2)(A)(ii)''.
(16) Subparagraph (C) of section 172(h)(4) is amended by
striking ``subsection (b)(1)(M)'' and inserting ``subsection
(b)(1)(E)''.
(17) Section 6503 is amended--
(A) by redesignating the subsection relating to extension
in case of certain summonses as subsection (j), and
(B) by redesignating the subsection relating to cross
references as subsection (k).
(18) Paragraph (4) of section 1250(e) is hereby repealed.
(i) Effective Date.--Except as otherwise expressly
provided--
(1) the amendments made by this section shall be treated as
amendments to the Internal Revenue Code of 1986 as amended by
the Revenue Reconciliation Act of 1993; and
(2) any amendment made by this section shall apply to
periods before the date of the enactment of this section in
the same manner as if it had been included in the provision
of the Revenue Reconciliation Act of 1990 to which such
amendment relates.
SEC. 1703. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT
OF 1993.
(a) Amendment Related to Section 13114.--Paragraph (2) of
section 1044(c) is amended to read as follows:
``(2) Purchase.--The taxpayer shall be considered to have
purchased any property if, but for subsection (d), the
unadjusted basis of such property would be its cost within
the meaning of section 1012.''.
(b) Amendments Related to Section 13142.--
(1) Subparagraph (B) of section 13142(b)(6) of the Revenue
Reconciliation Act of 1993 is amended to read as follows:
``(B) Full-time students, waiver authority, and prohibited
discrimination.--The amendments made by paragraphs (2), (3),
and (4) shall take effect on the date of the enactment of
this Act.''.
(2) Subparagraph (C) of section 13142(b)(6) of such Act is
amended by striking ``paragraph (2)'' and inserting
``paragraph (5)''.
(c) Amendment Related to Section 13161.--
(1) In general.--Subsection (e) of section 4001 (relating
to inflation adjustment) is amended to read as follows:
``(e) Inflation Adjustment.--
``(1) In general.--The $30,000 amount in subsection (a) and
section 4003(a) shall be increased by an amount equal to--
``(A) $30,000, multiplied by
``(B) the cost-of-living adjustment under section 1(f)(3)
for the calendar year in which the vehicle is sold,
determined by substituting `calendar year 1990' for `calendar
year 1992' in subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $2,000, such amount shall be rounded
to the next lowest multiple of $2,000.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(d) Amendment Related to Section 13201.--Clause (ii) of
section 135(b)(2)(B) is amended by inserting before the
period at the end thereof the following: ``, determined by
substituting `calendar year 1989' for `calendar year 1992' in
subparagraph (B) thereof''.
(e) Amendments Related to Section 13203.--Subsection (a) of
section 59 is amended--
(1) by striking ``the amount determined under section
55(b)(1)(A)'' in paragraph (1)(A) and (2)(A)(i) and inserting
``the pre-credit tentative minimum tax'',
(2) by striking ``specified in section 55(b)(1)(A)'' in
paragraph (1)(C) and inserting ``specified in subparagraph
(A)(i) or (B)(i) of section 55(b)(1) (whichever applies)'',
(3) by striking ``which would be determined under section
55(b)(1)(A)'' in paragraph (2)(A)(ii) and inserting ``which
would be the pre-credit tentative minimum tax'', and
(4) by adding at the end thereof the following new
paragraph:
``(3) Pre-credit tentative minimum tax.--For purposes of
this subsection, the term `pre-credit tentative minimum tax'
means--
``(A) in the case of a taxpayer other than a corporation,
the amount determined under the first sentence of section
55(b)(1)(A)(i), or
``(B) in the case of a corporation, the amount determined
under section 55(b)(1)(B)(i).''.
(f) Amendment Related to Section 13221.--Sections 1201(a)
and 1561(a) are each amended by striking ``last sentence''
each place it appears and inserting ``last 2 sentences''.
(g) Amendments Related to Section 13222.--
(1) Subparagraph (B) of section 6033(e)(1) is amended by
adding at the end thereof the following new clause:
``(iii) Coordination with section 527(f).--This subsection
shall not apply to any amount on which tax is imposed by
reason of section 527(f).''.
(2) Clause (i) of section 6033(e)(1)(B) is amended by
striking ``this subtitle'' and inserting ``section 501''.
(h) Amendment Related to Section 13225.--Paragraph (3) of
section 6655(g) is amended by striking all that follows ``
`3rd month' '' in the sentence following subparagraph (C) and
inserting ``, subsection (e)(2)(A) shall be applied by
substituting `2 months' for `3 months' in clause (i)(I), the
election under clause (i) of subsection (e)(2)(C) may be made
separately for each installment, and clause (ii) of
subsection (e)(2)(C) shall not apply.''.
(i) Amendments Related to Section 13231.--
(1) Subparagraph (G) of section 904(d)(3) is amended by
striking ``section 951(a)(1)(B)'' and inserting
``subparagraph (B) or (C) of section 951(a)(1)''.
(2) Paragraph (1) of section 956A(b) is amended to read as
follows:
``(1) the amount (not including a deficit) referred to in
section 316(a)(1) to the extent such amount was accumulated
in prior taxable years beginning after September 30, 1993,
and''.
(3) Subsection (f) of section 956A is amended by inserting
before the period at the end thereof: ``and regulations
coordinating the provisions of subsections (c)(3)(A) and
(d)''.
(4) Subsection (b) of section 958 is amended by striking
``956(b)(2)'' each place it appears and inserting
``956(c)(2)''.
(5)(A) Subparagraph (A) of section 1297(d)(2) is amended by
striking ``The adjusted basis of any asset'' and inserting
``The amount taken into account under section 1296(a)(2) with
respect to any asset''.
(B) The paragraph heading of paragraph (2) of section
1297(d) is amended to read as follows:
``(2) Amount taken into account.--''.
(6) Subsection (e) of section 1297 is amended by inserting
``For purposes of this part--'' after the subsection heading.
(j) Amendment Related to Section 13241.--Subparagraph (B)
of section 40(e)(1) is amended to read as follows:
``(B) for any period before January 1, 2001, during which
the rates of tax under section 4081(a)(2)(A) are 4.3 cents
per gallon.''.
(k) Amendment Related to Section 13261.--Clause (iii) of
section 13261(g)(2)(A) of the Revenue Reconciliation Act of
1993 is amended by striking ``by the taxpayer'' and inserting
``by the taxpayer or a related person''.
(l) Amendment Related to Section 13301.--Subparagraph (B)
of section 1397B(d)(5) is amended by striking ``preceding''.
(m) Clerical Amendments.--
(1) Subsection (d) of section 39 is amended--
(A) by striking ``45'' in the heading of paragraph (5) and
inserting ``45A'', and
(B) by striking ``45'' in the heading of paragraph (6) and
inserting ``45B''.
(2) Subparagraph (A) of section 108(d)(9) is amended by
striking ``paragraph (3)(B)'' and inserting ``paragraph
(3)(C)''.
(3) Subparagraph (C) of section 143(d)(2) is amended by
striking the period at the end thereof and inserting a comma.
(4) Clause (ii) of section 163(j)(6)(E) is amended by
striking ``which is a'' and inserting ``which is''.
(5) Subparagraph (A) of section 1017(b)(4) is amended by
striking ``subsection (b)(2)(D)'' and inserting ``subsection
(b)(2)(E)''.
(6) So much of section 1245(a)(3) as precedes subparagraph
(A) thereof is amended to read as follows:
``(3) Section 1245 property.--For purposes of this section,
the term `section 1245 property' means any property which is
or has been property of a character subject to the allowance
for depreciation provided in section 167 and is either--''.
(7) Paragraph (2) of section 1394(e) is amended--
(A) by striking ``(i)'' and inserting ``(A)'', and
(B) by striking ``(ii)'' and inserting ``(B)''.
(8) Subsection (m) of section 6501 (as redesignated by
section 1602) is amended by striking ``or 51(j)'' and
inserting ``45B, or 51(j)''.
(9)(A) The section 6714 added by section 13242(b)(1) of the
Revenue Reconciliation Act of 1993 is hereby redesignated as
section 6715.
(B) The table of sections for part I of subchapter B of
chapter 68 is amended by striking ``6714'' in the item added
by such section 13242(b)(2) of such Act and inserting
``6715''.
(10) Paragraph (2) of section 9502(b) is amended by
inserting ``and before'' after ``1982,''.
(11) Subsection (a)(3) of section 13206 of the Revenue
Reconciliation Act of 1993 is amended by striking ``this
section'' and inserting ``this subsection''.
(12) Paragraph (1) of section 13215(c) of the Revenue
Reconciliation Act of 1993 is amended by striking ``Public
Law 92-21'' and inserting ``Public Law 98-21''.
(13) Paragraph (2) of section 13311(e) of the Revenue
Reconciliation Act of 1993 is amended by striking ``section
1393(a)(3)'' and inserting ``section 1393(a)(2)''.
(14) Subparagraph (B) of section 117(d)(2) is amended by
striking ``section 132(f)'' and inserting ``section 132(h)''.
(n) Effective Date.--Any amendment made by this section
shall take effect as if included in the provision of the
Revenue Reconciliation Act of 1993 to which such amendment
relates.
SEC. 1704. MISCELLANEOUS PROVISIONS.
(a) Application of Amendments Made by Title XII of Omnibus
Budget Reconciliation Act of 1990.--Except as otherwise
expressly provided, whenever in title XII of the Omnibus
Budget Reconciliation Act of 1990 an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(b) Treatment of Certain Amounts Under Hedge Bond Rules.--
(1) Clause (iii) of section 149(g)(3)(B) is amended to read
as follows:
``(iii) Amounts held pending reinvestment or redemption.--
Amounts held for not
[[Page 1257]]
more than 30 days pending reinvestment or bond redemption
shall be treated as invested in bonds described in clause
(i).''.
(2) The amendment made by paragraph (1) shall take effect
as if included in the amendments made by section 7651 of the
Omnibus Budget Reconciliation Act of 1989.
(c) Treatment of Certain Distributions Under Section
1445.--
(1) In general.--Paragraph (3) of section 1445(e) is
amended by adding at the end thereof the following new
sentence: ``Rules similar to the rules of the preceding
provisions of this paragraph shall apply in the case of any
distribution to which section 301 applies and which is not
made out of the earnings and profits of such a domestic
corporation.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to distributions after the date of the enactment
of this Act.
(d) Treatment of Certain Credits Under Section 469.--
(1) In general.--Subparagraph (B) of section 469(c)(3) is
amended by adding at the end thereof the following new
sentence: ``If the preceding sentence applies to the net
income from any property for any taxable year, any credits
allowable under subpart B (other than section 27(a)) or D of
part IV of subchapter A for such taxable year which are
attributable to such property shall be treated as credits not
from a passive activity to the extent the amount of such
credits does not exceed the regular tax liability of the
taxpayer for the taxable year which is allocable to such net
income.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to taxable years beginning after December 31,
1986.
(e) Treatment of Dispositions Under Passive Loss Rules.--
(1) In general.--Subparagraph (A) of section 469(g)(1) is
amended to read as follows:
``(A) In general.--If all gain or loss realized on such
disposition is recognized, the excess of--
``(i) any loss from such activity for such taxable year
(determined after the application of subsection (b)), over
``(ii) any net income or gain for such taxable year from
all other passive activities (determined after the
application of subsection (b)),
shall be treated as a loss which is not from a passive
activity.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to taxable years beginning after December 31,
1986.
(f) Miscellaneous Amendments to Foreign Provisions.--
(1) Coordination of unified estate tax credit with
treaties.--Subparagraph (A) of section 2102(c)(3) is amended
by adding at the end thereof the following new sentence:
``For purposes of the preceding sentence, property shall not
be treated as situated in the United States if such property
is exempt from the tax imposed by this subchapter under any
treaty obligation of the United States.''.
(2) Treatment of certain interest paid to related person.--
(A) Subparagraph (B) of section 163(j)(1) is amended by
inserting before the period at the end thereof the following:
``(and clause (ii) of paragraph (2)(A) shall not apply for
purposes of applying this subsection to the amount so
treated)''.
(B) Subsection (j) of section 163 is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following new paragraph:
``(7) Coordination with passive loss rules, etc.--This
subsection shall be applied before sections 465 and 469.''.
(C) The amendments made by this paragraph shall apply as if
included in the amendments made by section 7210(a) of the
Revenue Reconciliation Act of 1989.
(3) Treatment of interest allocable to effectively
connected income.--
(A) In general.--
(i) Subparagraph (B) of section 884(f)(1) is amended by
striking ``to the extent'' and all that follows down through
``subparagraph (A)'' and inserting ``to the extent that the
allocable interest exceeds the interest described in
subparagraph (A)''.
(ii) The second sentence of section 884(f)(1) is amended by
striking ``reasonably expected'' and all that follows down
through the period at the end thereof and inserting
``reasonably expected to be allocable interest.''
(iii) Paragraph (2) of section 884(f) is amended to read as
follows:
``(2) Allocable interest.--For purposes of this subsection,
the term `allocable interest' means any interest which is
allocable to income which is effectively connected (or
treated as effectively connected) with the conduct of a trade
or business in the United States.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect as if included in the amendments made
by section 1241(a) of the Tax Reform Act of 1986.
(4) Clarification of source rule.--
(A) In general.--Paragraph (2) of section 865(b) is amended
by striking ``863(b)'' and inserting ``863''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the amendments made by
section 1211 of the Tax Reform Act of 1986.
(5) Repeal of obsolete provisions.--
(A) Paragraph (1) of section 6038(a) is amended by striking
``, and'' at the end of subparagraph (E) and inserting a
period, and by striking subparagraph (F).
(B) Subsection (b) of section 6038A is amended by adding
``and'' at the end of paragraph (2), by striking ``, and'' at
the end of paragraph (3) and inserting a period, and by
striking paragraph (4).
(g) Treatment of Assignment of Interest in Certain Bond-
Financed Facilities.--
(1) In general.--Subparagraph (A) of section 1317(3) of the
Tax Reform Act of 1986 is amended by adding at the end
thereof the following new sentence: ``A facility shall not
fail to be treated as described in this subparagraph by
reason of an assignment (or an agreement to an assignment) by
the governmental unit on whose behalf the bonds are issued of
any part of its interest in the property financed by such
bonds to another governmental unit.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in such section 1317 on the
date of the enactment of the Tax Reform Act of 1986.
(h) Clarification of Treatment of Medicare Entitlement
Under COBRA Provisions.--
(1) In general.--
(A) Subclause (V) of section 4980B(f)(2)(B)(i) is amended
to read as follows:
``(V) Medicare entitlement followed by qualifying event.--
In the case of a qualifying event described in paragraph
(3)(B) that occurs less than 18 months after the date the
covered employee became entitled to benefits under title
XVIII of the Social Security Act, the period of coverage for
qualified beneficiaries other than the covered employee shall
not terminate under this clause before the close of the 36-
month period beginning on the date the covered employee
became so entitled.''.
(B) Clause (v) of section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 is amended to read as
follows:
``(v) Medicare entitlement followed by qualifying event.--
In the case of a qualifying event described in section 603(2)
that occurs less than 18 months after the date the covered
employee became entitled to benefits under title XVIII of the
Social Security Act, the period of coverage for qualified
beneficiaries other than the covered employee shall not
terminate under this subparagraph before the close of the 36-
month period beginning on the date the covered employee
became so entitled.''.
(C) Clause (iv) of section 2202(2)(A) of the Public Health
Service Act is amended to read as follows:
``(iv) Medicare entitlement followed by qualifying event.--
In the case of a qualifying event described in section
2203(2) that occurs less than 18 months after the date the
covered employee became entitled to benefits under title
XVIII of the Social Security Act, the period of coverage for
qualified beneficiaries other than the covered employee shall
not terminate under this subparagraph before the close of the
36-month period beginning on the date the covered employee
became so entitled.''.
(2) Effective date.--The amendments made by this subsection
shall apply to plan years beginning after December 31, 1989.
(i) Treatment of Certain REMIC Inclusions.--
(1) In general.--Subsection (a) of section 860E is amended
by adding at the end thereof the following new paragraph:
``(6) Coordination with minimum tax.--For purposes of part
VI of subchapter A of this chapter--
``(A) the reference in section 55(b)(2) to taxable income
shall be treated as a reference to taxable income determined
without regard to this subsection,
``(B) the alternative minimum taxable income of any holder
of a residual interest in a REMIC for any taxable year shall
in no event be less than the excess inclusion for such
taxable year, and
``(C) any excess inclusion shall be disregarded for
purposes of computing the alternative tax net operating loss
deduction.
The preceding sentence shall not apply to any organization to
which section 593 applies, except to the extent provided in
regulations prescribed by the Secretary under paragraph
(2).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 671 of the Tax Reform Act of 1986 unless the taxpayer
elects to apply such amendment only to taxable years
beginning after the date of the enactment of this Act.
(j) Exemption From Harbor Maintenance Tax for Certain
Passengers.--
(1) In general.--Subparagraph (D) of section 4462(b)(1)
(relating to special rule for Alaska, Hawaii, and
possessions) is amended by inserting before the period the
following: ``, or passengers transported on United States
flag vessels operating solely within the State waters of
Alaska or Hawaii and adjacent international waters''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 1402(a) of the Harbor Maintenance Revenue Act of
1986.
(k) Amendments Related to Revenue Provisions of Energy
Policy Act of 1992.--
(1) Effective with respect to taxable years beginning after
December 31, 1990, subclause (II) of section 53(d)(1)(B)(iv)
is amended to read as follows:
``(II) the adjusted net minimum tax for any taxable year is
the amount of the net minimum tax for such year increased in
the manner provided in clause (iii).''.
(2) Subsection (g) of section 179A is redesignated as
subsection (f).
[[Page 1258]]
(3) Subparagraph (E) of section 6724(d)(3) is amended by
striking ``section 6109(f)'' and inserting ``section
6109(h)''.
(4)(A) Subsection (d) of section 30 is amended--
(i) by inserting ``(determined without regard to subsection
(b)(3))'' before the period at the end of paragraph (1)
thereof, and
(ii) by adding at the end thereof the following new
paragraph:
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.''.
(B) Subsection (m) of section 6501 (as redesignated by
section 1602) is amended by striking ``section 40(f)'' and
inserting ``section 30(d)(4), 40(f)''.
(5) Subclause (III) of section 501(c)(21)(D)(ii) is amended
by striking ``section 101(6)'' and inserting ``section
101(7)'' and by striking ``1752(6)'' and inserting
``1752(7)''.
(6) Paragraph (1) of section 1917(b) of the Energy Policy
Act of 1992 shall be applied as if ``at a rate'' appeared
instead of ``at the rate'' in the material proposed to be
stricken.
(7) Paragraph (2) of section 1921(b) of the Energy Policy
Act of 1992 shall be applied as if a comma appeared after
``(2)'' in the material proposed to be stricken.
(8) Subsection (a) of section 1937 of the Energy Policy Act
of 1992 shall be applied as if ``Subpart B'' appeared instead
of ``Subpart C''.
(l) Treatment of Qualified Football Coaches Plan.--
(1) In general.--Subparagraph (F) of section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)(F)) is amended by redesignating clause (ii) as
clause (iii) and by inserting after clause (i) the following
new clause:
``(ii) For purposes of the Internal Revenue Code of 1986--
``(I) clause (i) shall apply, and
``(II) a qualified football coaches plan shall be treated
as a multiemployer collectively bargained plan.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to years beginning after December 22, 1987.
(m) Determination of Unrecovered Investment in Annuity
Contract.--
(1) In general.--Subparagraph (A) of section 72(b)(4) is
amended by inserting ``(determined without regard to
subsection (c)(2))'' after ``contract''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 1122(c) of the Tax Reform Act of 1986.
(n) Modifications to Election To Include Child's Income on
Parent's Return.--
(1) Eligibility for election.--Clause (ii) of section
1(g)(7)(A) (relating to election to include certain unearned
income of child on parent's return) is amended to read as
follows:
``(ii) such gross income is more than the amount described
in paragraph (4)(A)(ii)(I) and less than 10 times the amount
so described,''.
(2) Computation of tax.--Subparagraph (B) of section
1(g)(7) (relating to income included on parent's return) is
amended--
(A) by striking ``$1,000'' in clause (i) and inserting
``twice the amount described in paragraph (4)(A)(ii)(I)'',
and
(B) by amending subclause (II) of clause (ii) to read as
follows:
``(II) for each such child, 15 percent of the lesser of the
amount described in paragraph (4)(A)(ii)(I) or the excess of
the gross income of such child over the amount so described,
and''.
(3) Minimum tax.--Subparagraph (B) of section 59(j)(1) is
amended by striking ``$1,000'' and inserting ``twice the
amount in effect for the taxable year under section
63(c)(5)(A)''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
1995.
(o) Treatment of Certain Veterans' Reemployment Rights.--
(1) In general.--Section 414 is amended by adding at the
end the following new subsection:
``(u) Special Rules Relating to Veterans' Reemployment
Rights Under USERRA.--
``(1) Treatment of certain contributions made pursuant to
veterans' reemployment rights.--If any contribution is made
by an employer or an employee under an individual account
plan with respect to an employee, or by an employee to a
defined benefit plan that provides for employee
contributions, and such contribution is required by reason of
such employee's rights under chapter 43 of title 38, United
States Code, resulting from qualified military service,
then--
``(A) such contribution shall not be subject to any
otherwise applicable limitation contained in section 402(g),
402(h), 403(b), 404(a), 404(h), 408, 415, or 457, and shall
not be taken into account in applying such limitations to
other contributions or benefits under such plan or any other
plan, with respect to the year in which the contribution is
made,
``(B) such contribution shall be subject to the limitations
referred to in subparagraph (A) with respect to the year to
which the contribution relates (in accordance with rules
prescribed by the Secretary), and
``(C) such plan shall not be treated as failing to meet the
requirements of section 401(a)(4), 401(a)(26), 401(k)(3),
401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k)(3),
408(k)(6), 408(p), 410(b), or 416 by reason of the making of
(or the right to make) such contribution.
For purposes of the preceding sentence, any elective deferral
or employee contribution made under paragraph (2) shall be
treated as required by reason of the employee's rights under
such chapter 43.
``(2) Reemployment rights under userra with respect to
elective deferrals.--
``(A) In general.--For purposes of this subchapter and
section 457, if an employee is entitled to the benefits of
chapter 43 of title 38, United States Code, with respect to
any plan which provides for elective deferrals, the employer
sponsoring the plan shall be treated as meeting the
requirements of such chapter 43 with respect to such elective
deferrals only if such employer--
``(i) permits such employee to make additional elective
deferrals under such plan (in the amount determined under
subparagraph (B) or such lesser amount as is elected by the
employee) during the period which begins on the date of the
reemployment of such employee with such employer and has the
same length as the lesser of--
``(I) the product of 3 and the period of qualified military
service which resulted in such rights, and
``(II) 5 years, and
``(ii) makes a matching contribution with respect to any
additional elective deferral made pursuant to clause (i)
which would have been required had such deferral actually
been made during the period of such qualified military
service.
``(B) Amount of makeup required.--The amount determined
under this subparagraph with respect to any plan is the
maximum amount of the elective deferrals that the individual
would have been permitted to make under the plan in
accordance with the limitations referred to in paragraph
(1)(A) during the period of qualified military service if the
individual had continued to be employed by the employer
during such period and received compensation as determined
under paragraph (7). Proper adjustment shall be made to the
amount determined under the preceding sentence for any
elective deferrals actually made during the period of such
qualified military service.
``(C) Elective deferral.--For purposes of this paragraph,
the term `elective deferral' has the meaning given such term
by section 402(g)(3); except that such term shall include any
deferral of compensation under an eligible deferred
compensation plan (as defined in section 457(b)).
``(D) After-tax employee contributions.--References in
subparagraphs (A) and (B) to elective deferrals shall be
treated as including references to employee contributions.
``(3) Certain retroactive adjustments not required.--For
purposes of this subchapter and subchapter E, no provision of
chapter 43 of title 38, United States Code, shall be
construed as requiring--
``(A) any crediting of earnings to an employee with respect
to any contribution before such contribution is actually
made, or
``(B) any allocation of any forfeiture with respect to the
period of qualified military service.
``(4) Loan repayment suspensions permitted.--If any plan
suspends the obligation to repay any loan made to an employee
from such plan for any part of any period during which such
employee is performing service in the uniformed services (as
defined in chapter 43 of title 38, United States Code),
whether or not qualified military service, such suspension
shall not be taken into account for purposes of section
72(p), 401(a), or 4975(d)(1).
``(5) Qualified military service.--For purposes of this
subsection, the term `qualified military service' means any
service in the uniformed services (as defined in chapter 43
of title 38, United States Code) by any individual if such
individual is entitled to reemployment rights under such
chapter with respect to such service.
``(6) Individual account plan.--For purposes of this
subsection, the term `individual account plan' means any
defined contribution plan (including any tax-sheltered
annuity plan under section 403(b), any simplified employee
pension under section 408(k), any qualified salary reduction
arrangement under section 408(p), and any eligible deferred
compensation plan (as defined in section 457(b)).
``(7) Compensation.--For purposes of sections 403(b)(3),
415(c)(3), and 457(e)(5), an employee who is in qualified
military service shall be treated as receiving compensation
from the employer during such period of qualified military
service equal to--
``(A) the compensation the employee would have received
during such period if the employee were not in qualified
military service, determined based on the rate of pay the
employee would have received from the employer but for
absence during the period of qualified military service, or
``(B) if the compensation the employee would have received
during such period was not reasonably certain, the employee's
average compensation from the employer during the 12-month
period immediately preceding the qualified military service
(or, if shorter, the period of employment immediately
preceding the qualified military service).
``(8) USERRA requirements for qualified retirement plans.--
For purposes of this subchapter and section 457, an employer
sponsoring a retirement plan shall be treated as meeting the
requirements of chapter 43 of title 38, United States Code,
only if each of the following requirements is met:
``(A) An individual reemployed under such chapter is
treated with respect to such plan as not having incurred a
break in service with the employer maintaining the plan by
[[Page 1259]]
reason of such individual's period of qualified military
service.
``(B) Each period of qualified military service served by
an individual is, upon reemployment under such chapter,
deemed with respect to such plan to constitute service with
the employer maintaining the plan for the purpose of
determining the nonforfeitability of the individual's accrued
benefits under such plan and for the purpose of determining
the accrual of benefits under such plan.
``(C) An individual reemployed under such chapter is
entitled to accrued benefits that are contingent on the
making of, or derived from, employee contributions or
elective deferrals only to the extent the individual makes
payment to the plan with respect to such contributions or
deferrals. No such payment may exceed the amount the
individual would have been permitted or required to
contribute had the individual remained continuously employed
by the employer throughout the period of qualified military
service. Any payment to such plan shall be made during the
period beginning with the date of reemployment and whose
duration is 3 times the period of the qualified military
service (but not greater than 5 years).
``(9) Plans not subject to title 38.--This subsection shall
not apply to any retirement plan to which chapter 43 of title
38, United States Code, does not apply.
``(10) References.--For purposes of this section, any
reference to chapter 43 of title 38, United States Code,
shall be treated as a reference to such chapter as in effect
on December 12, 1994 (without regard to any subsequent
amendment).''.
(2) Effective date.--The amendment made by this subsection
shall be effective as of December 12, 1994.
(p) Reporting of Real Estate Transactions.--
(1) In general.--Paragraph (3) of section 6045(e) (relating
to prohibition of separate charge for filing return) is
amended by adding at the end the following new sentence:
``Nothing in this paragraph shall be construed to prohibit
the real estate reporting person from taking into account its
cost of complying with such requirement in establishing its
charge (other than a separate charge for complying with such
requirement) to any customer for performing services in the
case of a real estate transaction.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 1015(e)(2)(A) of
the Technical and Miscellaneous Revenue Act of 1988.
(q) Clarification of Denial of Deduction for Stock
Redemption Expenses.
(1) In general.--Paragraph (1) of section 162(k) is amended
by striking ``the redemption of its stock'' and inserting
``the reacquisition of its stock or of the stock of any
related person (as defined in section 465(b)(3)(C))''.
(2) Certain deductions permitted.--Subparagraph (A) of
section 162(k)(2) is amended by striking ``or'' at the end of
clause (i), by redesignating clause (ii) as clause (iii), and
by inserting after clause (i) the following new clause:
``(ii) deduction for amounts which are properly allocable
to indebtedness and amortized over the term of such
indebtedness, or''.
(3) Clerical amendment.--The subsection heading for
subsection (k) of section 162 is amended by striking
``Redemption'' and inserting ``Reacquisition''.
(4) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this subsection shall apply to amounts
paid or incurred after September 13, 1995, in taxable years
ending after such date.
(B) Paragraph (2).--The amendment made by paragraph (2)
shall take effect as if included in the amendment made by
section 613 of the Tax Reform Act of 1986.
(r) Clerical Amendment to Section 404.--
(1) In general.--Paragraph (1) of section 404(j) is amended
by striking ``(10)'' and inserting ``(9)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 713(d)(4)(A) of the Deficit Reduction Act of 1984.
(s) Passive Income Not To Include FSC Income, Etc.--
(1) In general.--Paragraph (2) of section 1296(b) is
amended by striking ``or'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, or'', and by inserting after subparagraph (C)
the following new subparagraph:
``(D) which is foreign trade income of a FSC or export
trade income of an export trade corporation (as defined in
section 971).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 1235 of the Tax Reform Act of 1986.
(t) Miscellaneous Clerical Amendments.--
(1) Subclause (II) of section 56(g)(4)(C)(ii) is amended by
striking ``of the subclause'' and inserting ``of subclause''.
(2) Paragraph (2) of section 72(m) is amended by inserting
``and'' at the end of subparagraph (A), by striking
subparagraph (B), and by redesignating subparagraph (C) as
subparagraph (B).
(3) Paragraph (2) of section 86(b) is amended by striking
``adusted'' and inserting ``adjusted''.
(4)(A) The heading for section 112 is amended by striking
``combat pay'' and inserting ``combat zone compensation''.
(B) The item relating to section 112 in the table of
sections for part III of subchapter B of chapter 1 is amended
by striking ``combat pay'' and inserting ``combat zone
compensation''.
(C) Paragraph (1) of section 3401(a) is amended by striking
``combat pay'' and inserting ``combat zone compensation''.
(5) Clause (i) of section 172(h)(3)(B) is amended by
striking the comma at the end thereof and inserting a period.
(6) Clause (ii) of section 543(a)(2)(B) is amended by
striking ``section 563(c)'' and inserting ``section 563(d)''.
(7) Paragraph (1) of section 958(a) is amended by striking
``sections 955(b)(1) (A) and (B), 955(c)(2)(A)(ii), and
960(a)(1)'' and inserting ``section 960(a)(1)''.
(8) Subsection (g) of section 642 is amended by striking
``under 2621(a)(2)'' and inserting ``under section
2621(a)(2)''.
(9) Section 1463 is amended by striking ``this subsection''
and inserting ``this section''.
(10) Subsection (k) of section 3306 is amended by inserting
a period at the end thereof.
(11) The item relating to section 4472 in the table of
sections for subchapter B of chapter 36 is amended by
striking ``and special rules''.
(12) Paragraph (3) of section 5134(c) is amended by
striking ``section 6662(a)'' and inserting ``section
6665(a)''.
(13) Paragraph (2) of section 5206(f) is amended by
striking ``section 5(e)'' and inserting ``section 105(e)''.
(14) Paragraph (1) of section 6050B(c) is amended by
striking ``section 85(c)'' and inserting ``section 85(b)''.
(15) Subsection (k) of section 6166 is amended by striking
paragraph (6).
(16) Subsection (e) of section 6214 is amended to read as
follows:
``(e) Cross Reference.--
``For provision giving Tax Court jurisdiction to order a refund of an
overpayment and to award sanctions, see section 6512(b)(2).''.
(17) The section heading for section 6043 is amended by
striking the semicolon and inserting a comma.
(18) The item relating to section 6043 in the table of
sections for subpart B of part III of subchapter A of chapter
61 is amended by striking the semicolon and inserting a
comma.
(19) The table of sections for part I of subchapter A of
chapter 68 is amended by striking the item relating to
section 6662.
(20)(A) Section 7232 is amended--
(i) by striking ``lubricating oil,'' in the heading, and
(ii) by striking ``lubricating oil,'' in the text.
(B) The table of sections for part II of subchapter A of
chapter 75 is amended by striking ``lubricating oil,'' in the
item relating to section 7232.
(21) Paragraph (1) of section 6701(a) of the Omnibus Budget
Reconciliation Act of 1989 is amended by striking ``subclause
(IV)'' and inserting ``subclause (V)''.
(22) Clause (ii) of section 7304(a)(2)(D) of such Act is
amended by striking ``subsection (c)(2)'' and inserting
``subsection (c)''.
(23) Paragraph (1) of section 7646(b) of such Act is
amended by striking ``section 6050H(b)(1)'' and inserting
``section 6050H(b)(2)''.
(24) Paragraph (10) of section 7721(c) of such Act is
amended by striking ``section 6662(b)(2)(C)(ii)'' and
inserting ``section 6661(b)(2)(C)(ii)''.
(25) Subparagraph (A) of section 7811(i)(3) of such Act is
amended by inserting ``the first place it appears'' before
``in clause (i)''.
(26) Paragraph (10) of section 7841(d) of such Act is
amended by striking ``section 381(a)'' and inserting
``section 381(c)''.
(27) Paragraph (2) of section 7861(c) of such Act is
amended by inserting ``the second place it appears'' before
``and inserting''.
(28) Paragraph (1) of section 460(b) is amended by striking
``the look-back method of paragraph (3)'' and inserting ``the
look-back method of paragraph (2)''.
(29) Subparagraph (C) of section 50(a)(2) is amended by
striking ``subsection (c)(4)'' and inserting ``subsection
(d)(5)''.
(30) Subparagraph (B) of section 172(h)(4) is amended by
striking the material following the heading and preceding
clause (i) and inserting ``For purposes of subsection
(b)(2)--''.
(31) Subparagraph (A) of section 355(d)(7) is amended by
inserting ``section'' before ``267(b)''.
(32) Subparagraph (C) of section 420(e)(1) is amended by
striking ``mean'' and inserting ``means''.
(33) Paragraph (4) of section 537(b) is amended by striking
``section 172(i)'' and inserting ``section 172(f)''.
(34) Subparagraph (B) of section 613(e)(1) is amended by
striking the comma at the end thereof and inserting a period.
(35) Paragraph (4) of section 856(a) is amended by striking
``section 582(c)(5)'' and inserting ``section 582(c)(2)''.
(36) Sections 904(f)(2)(B)(i) and 907(c)(4)(B)(iii) are
each amended by inserting ``(as in effect on the day before
the date of the enactment of the Revenue Reconciliation Act
of 1990)'' after ``section 172(h)''.
(37) Subsection (b) of section 936 is amended by striking
``subparagraphs (D)(ii)(I)'' and inserting ``subparagraphs
(D)(ii)''.
(38) Subsection (c) of section 2104 is amended by striking
``subparagraph (A), (C), or (D) of section 861(a)(1)'' and
inserting ``section 861(a)(1)(A)''.
(39) Subparagraph (A) of section 280A(c)(1) is amended to
read as follows:
[[Page 1260]]
``(A) as the principal place of business for any trade or
business of the taxpayer,''.
(40) Section 6038 is amended by redesignating the
subsection relating to cross references as subsection (f).
(41) Clause (iv) of section 6103(e)(1)(A) is amended by
striking all that follows ``provisions of'' and inserting
``section 1(g) or 59(j);''.
(42) The subsection (f) of section 6109 of the Internal
Revenue Code of 1986 which was added by section 2201(d) of
Public Law 101-624 is redesignated as subsection (g).
(43) Subsection (b) of section 7454 is amended by striking
``section 4955(e)(2)'' and inserting ``section 4955(f)(2)''.
(44) Subsection (d) of section 11231 of the Revenue
Reconciliation Act of 1990 shall be applied as if ``comma''
appeared instead of ``period'' and as if the paragraph (9)
proposed to be added ended with a comma.
(45) Paragraph (1) of section 11303(b) of the Revenue
Reconciliation Act of 1990 shall be applied as if
``paragraph'' appeared instead of ``subparagraph'' in the
material proposed to be stricken.
(46) Subsection (f) of section 11701 of the Revenue
Reconciliation Act of 1990 is amended by inserting
``(relating to definitions)'' after ``section 6038(e)''.
(47) Subsection (i) of section 11701 of the Revenue
Reconciliation Act of 1990 shall be applied as if
``subsection'' appeared instead of ``section'' in the
material proposed to be stricken.
(48) Subparagraph (B) of section 11801(c)(2) of the Revenue
Reconciliation Act of 1990 shall be applied as if ``section
56(g)'' appeared instead of ``section 59(g)''.
(49) Subparagraph (C) of section 11801(c)(8) of the Revenue
Reconciliation Act of 1990 shall be applied as if
``reorganizations'' appeared instead of ``reorganization'' in
the material proposed to be stricken.
(50) Subparagraph (H) of section 11801(c)(9) of the Revenue
Reconciliation Act of 1990 shall be applied as if ``section
1042(c)(1)(B)'' appeared instead of ``section
1042(c)(2)(B)''.
(51) Subparagraph (F) of section 11801(c)(12) of the
Revenue Reconciliation Act of 1990 shall be applied as if
``and (3)'' appeared instead of ``and (E)''.
(52) Subparagraph (A) of section 11801(c)(22) of the
Revenue Reconciliation Act of 1990 shall be applied as if
``chapters 21'' appeared instead of ``chapter 21'' in the
material proposed to be stricken.
(53) Paragraph (3) of section 11812(b) of the Revenue
Reconciliation Act of 1990 shall be applied by not executing
the amendment therein to the heading of section 42(d)(5)(B).
(54) Clause (i) of section 11813(b)(9)(A) of the Revenue
Reconciliation Act of 1990 shall be applied as if a comma
appeared after ``(3)(A)(ix)'' in the material proposed to be
stricken.
(55) Subparagraph (F) of section 11813(b)(13) of the
Revenue Reconciliation Act of 1990 shall be applied as if
``tax'' appeared after ``investment'' in the material
proposed to be stricken.
(56) Paragraph (19) of section 11813(b) of the Revenue
Reconciliation Act of 1990 shall be applied as if ``Paragraph
(20) of section 1016(a), as redesignated by section 11801,''
appeared instead of ``Paragraph (21) of section 1016(a)''.
(57) Paragraph (5) section 8002(a) of the Surface
Transportation Revenue Act of 1991 shall be applied as if
``4481(e)'' appeared instead of ``4481(c)''.
(58) Section 7872 is amended--
(A) by striking ``foregone'' each place it appears in
subsections (a) and (e)(2) and inserting ``forgone'', and
(B) by striking ``Foregone'' in the heading for subsection
(e) and the heading for paragraph (2) of subsection (e) and
inserting ``Forgone''.
(59) Paragraph (7) of section 7611(h) is amended by
striking ``approporiate'' and inserting ``appropriate''.
(60) The heading of paragraph (3) of section 419A(c) is
amended by striking ``severence'' and inserting
``severance''.
(61) Clause (ii) of section 807(d)(3)(B) is amended by
striking ``Commissoners' '' and inserting ``Commissioners'
''.
(62) Subparagraph (B) of section 1274A(c)(1) is amended by
striking ``instument'' and inserting ``instrument''.
(63) Subparagraph (B) of section 724(d)(3) by striking
``Subparagaph'' and inserting ``Subparagraph''.
(64) The last sentence of paragraph (2) of section 42(c) is
amended by striking ``of 1988''.
(65) Paragraph (1) of section 9707(d) is amended by
striking ``diligence,'' and inserting ``diligence''.
(66) Subsection (c) of section 4977 is amended by striking
``section 132(i)(2)'' and inserting ``section 132(h)''.
(67) The last sentence of section 401(a)(20) is amended by
striking ``section 211'' and inserting ``section 521''.
(68) Subparagraph (A) of section 402(g)(3) is amended by
striking ``subsection (a)(8)'' and inserting ``subsection
(e)(3)''.
(69) The last sentence of section 403(b)(10) is amended by
striking ``an direct'' and inserting ``a direct''.
(70) Subparagraph (A) of section 4973(b)(1) is amended by
striking ``sections 402(c)'' and inserting ``section
402(c)''.
(71) Paragraph (12) of section 3405(e) is amended by
striking ``(b)(3)'' and inserting ``(b)(2)''.
(72) Paragraph (41) of section 521(b) of the Unemployment
Compensation Amendments of 1992 shall be applied as if
``section'' appeared instead of ``sections'' in the material
proposed to be stricken.
(73) Paragraph (27) of section 521(b) of the Unemployment
Compensation Amendments of 1992 shall be applied as if
``Section 691(c)(5)'' appeared instead of ``Section 691(c)''.
(74) Paragraph (5) of section 860F(a) is amended by
striking ``paragraph (1)'' and inserting ``paragraph (2)''.
(75) Paragraph (1) of section 415(k) is amended by adding
``or'' at the end of subparagraph (C), by striking
subparagraphs (D) and (E), and by redesignating subparagraph
(F) as subparagraph (D).
(76) Paragraph (2) of section 404(a) is amended by striking
``(18),''.
(77) Clause (ii) of section 72(p)(4)(A) is amended to read
as follows:
``(ii) Special rule.--The term `qualified employer plan'
shall not include any plan which was (or was determined to
be) a qualified employer plan or a government plan.''.
(78) Sections 461(i)(3)(C) and 1274(b)(3)(B)(i) are each
amended by striking ``section 6662(d)(2)(C)(ii)'' and
inserting ``section 6662(d)(2)(C)(iii)''.
(79) Subsection (a) of section 164 is amended by striking
the paragraphs relating to the generation-skipping tax and
the environmental tax imposed by section 59A and by inserting
after paragraph (3) the following new paragraphs:
``(4) The GST tax imposed on income distributions.
``(5) The environmental tax imposed by section 59A.''.
(u) Certain Property Not Treated as Section 179 Property.--
(1) In general.--Paragraph (1) of section 179(d) is amended
by adding at the end thereof the following new sentence:
``Such term shall not include any property described in
section 50(b) and shall not include air conditioning or
heating units and horses.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to property placed in service after May 14, 1996.
TITLE II--PAYMENT OF WAGES
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Commuting
Flexibility Act of 1996''.
SEC. 2. PROPER COMPENSATION FOR USE OF EMPLOYER VEHICLES.
Section 4(a) of the Portal-to-Portal Act of 1947 (29 U.S.C.
254(a)) is amended by adding at the end the following: ``For
purposes of this subsection, the use of an employer's vehicle
for travel by an employee and activities performed by an
employee which are incidental to the use of such vehicle for
commuting shall not be considered part of the employee's
principal activities if the use of such vehicle for travel is
within the normal commuting area for the employer's business
or establishment and the use of the employer's vehicle is
subject to an agreement on the part of the employer and the
employee or representative of such employee.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by section 1 shall take effect on the
date of the enactment of this Act and shall apply in
determining the application of section 4 of the Portal-to-
Portal Act of 1947 to an employee in any civil action brought
before such date of enactment but pending on such date.
SEC. 4. MINIMUM WAGE INCREASE.
(a) Short Title.--This section may be cited as the
``Minimum Wage Increase Act of 1996''.
(b) Amendment.--Paragraph (1) of section 6(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than $4.25 an hour during the period ending on June 30,
1996, not less than $4.75 an hour during the year beginning
on July 1, 1996, and not less than $5.15 an hour after the
expiration of such year;''.
SEC. 5. FAIR LABOR STANDARDS ACT AMENDMENTS.
(a) Computer Professionals.--Section 13(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by
striking the period at the end of paragraph (16) and
inserting ``; or'' and by adding after that paragraph the
following:
``(17) any employee who is a computer systems analyst,
computer programmer, software engineer, or other similarly
skilled worker, whose primary duty is--
``(A) the application of systems analysis techniques and
procedures, including consulting with users, to determine
hardware, software, or system functional specifications;
``(B) the design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to user
or system design specifications;
``(C) the design, documentation, testing, creation, or
modification of computer programs related to machine
operating systems; or
``(D) a combination of duties described in subparagraphs
(A), (B), and (C) the performance of which requires the same
level of skills, and
who, in the case of an employee who is compensated on an
hourly basis, is compensated at a rate of not less than
$27.63 an hour.''.
(b) Tip Credit.--The next to last sentence of section 3(m)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is
amended to read as follows: ``In determining the wage an
employer is required to pay a tipped employee, the amount
paid such employee by the employee's employer shall be an
amount equal to--
[[Page 1261]]
``(1) the cash wage paid such employee which for purposes
of such determination shall be not less than the cash wage
required to be paid such an employee on the date of the
enactment of this paragraph; and
``(2) an additional amount on account of the tips received
by such employee which amount is equal to the difference
between the wage specified in paragraph (1) and the cash wage
in effect under section 6(a)(1).
The additional amount on account of tips may not exceed the
value of the tips actually received by an employee.''.
(c) Opportunity Wage.--Section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1) In lieu of the rate prescribed by subsection
(a)(1), any employer may pay any employee of such employer,
during the first 90 consecutive calendar days after such
employee is initially employed by such employer, a wage which
is not less than $4.25 an hour.
``(2) No employer may take any action to displace employees
(including partial displacements such as reduction in hours,
wages, or employment benefits) for purposes of hiring
individuals at the wage authorized in paragraph (1).
``(3) Any employer who violates this subsection shall be
considered to have violated section 15(a)(3).
``(4) This subsection shall only apply to an employee who
has not attained the age of 20 years.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The SPEAKER pro tempore, Mr. WALKER, announced that pursuant to House
Resolution 440 the yeas and nays were ordered on the question of
passage, and the call was taken by electronic device.
It was decided in the
Yeas
414
<3-line {>
affirmative
Nays
10
para.62.26 [Roll No. 190]
YEAS--414
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Walker
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--10
Conyers
Dellums
Gutierrez
Menendez
Rangel
Rose
Serrano
Stark
Towns
Velazquez
NOT VOTING--9
Bliley
Diaz-Balart
Largent
McDade
Molinari
Seastrand
Taylor (NC)
Vucanovich
Ward
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.62.27 order of business--consideration of h.r. 1227
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That it may be in order during consideration of of the bill
(H.R. 1227) to amend the Portal-to-Portal Act of 1947 relating to the
payment of wages to employees who use employer owned vehicles, pursuant
to House Resolution 440, notwithstanding the order of the previous
question, after 30 minutes of the 90 minutes provided for initial debate
on the bill, as amended pursuant to the rule, for the Speaker to
postpone further consideration of the bill until the following
legislative day, on which consideration may resume at a time designated
by the Speaker.
para.62.28 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
9:00 o'clock a.m. on Thursday, May 23, 1996.
para.62.29 portal-to-portal
Mr. GOODLING, pursuant to House Resolution 440, called up the bill
(H.R. 1227) to amend the Portal-to Portal Act of 1947 relating to the
payment of wages to employees who use employer owned vehicles.
When said bill was considered and read twice.
Pursuant to House Resolution 440, the following amendment in the
nature of a substitute, as modified by the amendment printed in section
3 of said resolution, was considered as adopted:
Section 1. This Act may be cited as the ``Employee
Commuting flexibility Act of 1990''.
SEC. 2. PROPER COMPENSATION FOR USE OF EMPLOYER VEHICLES.
Section 4(a) of the Portal-to-Portal Act of 1947 (29 U.S.C.
254(a)) is amended by adding at the end of the following:
``For purposes of this subsection, the use of an employer's
vehicle for travel by an employee and activities performed by
an employee which are incidental to the use of such vehicle
for commuting shall not be considered part of the employee's
principal activities if the use of such vehicle for travel is
within the normal communing area for the employer's business
or establishment and the use of the employer's vehicle is
subject to an agreement on the part of the employer and the
employee or representative of such employee.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by section 1 shall take effect on the
date of the enactment of this Act and shall apply in
determining the
[[Page 1262]]
application of section 4 of the Portal-to-Portal Act of 1947
to an employee in any civil action brought before such date
of enactment but pending on such date.
After debate,
The SPEAKER pro tempore, Mr. WALKER, pursuant to the special order
heretofore agreed to, announced that further consideration of the bill
was postponed.
para.62.30 subpoena
The SPEAKER pro tempore, Mr. WALKER, laid before the House the
following communication from Mr. McDade:
Congress of the United States,
House of Representatives,
Washington, DC, May 13, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Michael Russen, a Field Representative in my Scranton,
Pennsylvania District Office has been served with a subpoena
issued by the U.S. District Court for the Eastern District of
Pennsylvania in the case of United States v. McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Joseph M. McDade,
Member of Congress.
para.62.31 national commission on restructuring the internal revenue
service
The SPEAKER pro tempore, Mr. WALKER, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Democratic Leader,
Washington, DC, May 7, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to Section 637(b), Public Law
104-52, I hereby appoint the following individuals to the
National Commission on Restructuring the Internal Revenue
Service: Mr. Robert Matsui, California; Mr. George Newstrom,
Virginia.
Yours very truly,
Richard A. Gephardt.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.62.32 national commission on restructuring the internal revenue
service
The SPEAKER pro tempore, Mr. WALKER, pursuant to the provisions of
section 637(b) of Public Law 104-52, as amended by section 2904 of
Public Law 104-134, announced the Speaker appointed to the National
Commission on Restructuring the Internal Revenue Service, the following
Member, Mr. Portman; and from private life, Mr. Ernest Dronenberg of
California, Mr. Gerry Harkins of Georgia, and Mr. Grover Norquist of the
District of Columbia, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.62.33 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1965. An Act to reauthorize the Coastal Zone
Management Act of 1972, and for other purposes; and
H.R. 2066. An Act to amend the National School Lunch Act to
provide greater flexibility to schools to meet the Dietary
Guidelines for Americans under the school lunch and school
breakfast programs.
para.62.34 leave of absence
By unanimous consent, leave of absence was granted to Mr. BLILEY, for
today.
And then,
para.62.35 adjournment
On motion of Mr. KINGSTON, pursuant to the special order heretofore
agreed to, at 11 o'clock and 11 minutes p.m., the House adjourned until
9:00 a.m. on Thursday, May 23, 1996.
para.62.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. EWING:
H.R. 3503. A bill to amend the Internal Revenue Code of
1986 to prevent disqualification of low-income housing units
for purposes of the low-income housing credit solely by
reason of certain assignments of dependency deductions by
full-time student single parents; to the Committee on Ways
and Means.
By Mrs. VUCANOVICH (for herself, Mr. Baker of
California, Mr. Barton of Texas, Mr. Burr, Mr. Myers
and Mr. Poshard):
H.R. 3504. A bill to authorize the marketing of breast
examination pads without restriction; to the Committee on
Commerce.
By Mr. FARR (for himself, Mr. Gephardt, Mr. Bonior, Mr.
Fazio of California, Ms. DeLauro, Mr. Lewis of
Georgia, Mr. Richardson, Mrs. Kennelly, Mr.
Abercrombie, Mr. Ackerman, Mr. Barcia of Michigan,
Mr. Barrett of Wisconsin, Mr. Becerra, Mr. Borski,
Mr. Browder, Mr. Brown of California, Mr. Brown of
Ohio, Mr. Cardin, Mr. Dellums, Mr. Durbin, Mr. Engel,
Ms. Eshoo, Mr. Fattah, Mr. Foglietta, Mr. Frank of
Massachusetts, Ms. Furse, Mr. Gejdenson, Mr. Green of
Texas, Mr. Gibbons, Mr. Gutierrez, Mr. Hall of Ohio,
Ms. Harman, Mr. Hastings of Florida, Mr. Hinchey, Ms.
Jackson-Lee, Mr. Kennedy of Rhode Island, Mr.
LaFalce, Mr. Levin, Ms. Lofgren, Mrs. Lowey, Mr.
Manton, Mr. Matsui, Ms. McCarthy, Mr. McDermott, Ms.
McKinney, Mr. Miller of California, Mr. Minge, Mr.
Moakley, Mr. Moran, Mr. Nadler, Mr. Olver, Mr. Owens,
Mr. Pallone, Ms. Pelosi, Mr. Peterson of Minnesota,
Mr. Rahall, Ms. Rivers, Ms. Roybal-Allard, Mr. Sabo,
Mr. Sanders, Mr. Sawyer, Mrs. Schroeder, Mr. Schumer,
Mr. Skaggs, Mr. Spratt, Mr. Stark, Mr. Studds, Mr.
Stupak, Mrs. Thurman, Mr. Torres, Mr. Vento, Ms.
Waters, Mr. Waxman, Mr. Wise, Ms. Woolsey, and Mr.
Yates):
H.R. 3505. A bill to amend the Federal Election Campaign
Act of 1971, and for other purposes; to the Committee on
House Oversight, and in addition to the Committees on Ways
and Means, Commerce, Government Reform and Oversight, and
Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. FOX (for himself, Mr. Stump, Mr. Montgomery, Mr.
Everett, Mr. Evans, Mr. Hutchinson, Mr. Buyer, Mr.
Filner, Mr. Bilirakis, Mr. Clement, Mr. Bachus, Mr.
Tejeda, Mr. Stearns, Mr. Gutierrez, Mr. Ney, Mr.
Baesler, Mr. Barr, Mr. Mascara, Mr. Weller, Mr.
Hayworth, and Mr. Cooley):
H.R. 3506. A bill to amend title 38, United States Code, to
authorize the provision of funds in order to provide
financial assistance by grant or contract to legal assistance
entities for representation of financially needy veterans in
connection with proceedings before the U.S. Court of Veterans
Appeals; to the Committee on Veterans' Affairs.
By Mr. ARCHER (for himself, Mr. Bliley, Mr. Roberts,
Mr. Shaw, Mr. Bilirakis, Mr. Emerson, Mr. Camp, Mr.
McCrery, Mr. Collins of Georgia, Mr. English of
Pennsylvania, Mr. Nussle, Ms. Dunn of Washington, Mr.
Ensign, Mr. Laughlin, and Mr. Deal of Georgia):
H.R. 3507. A bill to restore the American family, enhance
support and work opportunities for families with children,
reduce out-of-wedlock pregnancies, reduce welfare dependence
by requiring work, meet the health care needs of America's
most vulnerable citizens, control welfare and Medicaid
spending, and increase State flexibility; to the Committee on
Ways and Means, and in addition to the Committees on
Agriculture, Banking and Financial Services, Commerce,
Economic and Educational Opportunities, Government Reform and
Oversight, the Judiciary, National Security, International
Relations, and the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Frost,
Mr. Hutchinson, Mr. Ney, Mr. McHugh, Mr. Calvert, Mr.
Fazio of California, Mr. Weldon of Florida, and Mr.
Horn):
H.R. 3508. A bill to amend title 18, United States Code, to
prohibit the sale of personal information about children
without their parents' consent, and for other purposes; to
the Committee on the Judiciary.
By Ms. FURSE:
H.R. 3509. A bill to provide for a report regarding the
effects that environmental factors have on women's health; to
the Committee on Commerce.
By Ms. FURSE:
H.R. 3510. A bill to provide additional pension security
for spouses and former spouses, and for other purposes; to
the Committee on Ways and Means, and in addition to the
Committees on Economic and Educational Opportunities,
Government Reform and Oversight, and Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. LOWEY (for herself, Ms. Furse, Mrs. Schroeder,
Ms. Roybal-Allard, and Mr. LaFalce):
H.R. 3511. A bill to provide additional pension security
for spouses and former spouses, and for other purposes; to
the Committee on Ways and Means, and in addition to the
Committees on Government Reform and Oversight, Transportation
and Infrastructure, and Economic and Educational Opportuni
[[Page 1263]]
ties, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SANDERS:
H.R. 3512. A bill to amend title 10, United States Code, to
establish limitations on taxpayer-financed compensation for
defense contractors; to the Committee on National Security.
H.R. 3513. A bill to establish limitations on the ability
of a Federal agency to pay a contractor under a contract with
the agency for the costs of compensation with respect to the
services of any individual; to the Committee on Government
Reform and Oversight, and in addition to the Committee on
National Security, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SMITH of New Jersey (for himself, Mr. Volkmer,
and Mr. Flanagan):
H.R. 3514. A bill to amend the Public Health Service Act to
provide for programs of research regarding Parkinson's
disease, and for other purposes; to the Committee on
Commerce.
By Mr. LaFALCE (for himself, Mr. Schumer, Ms. Roybal-
Allard, Mr. Lipinski, and Mr. Frazer):
H.R. 3515. A bill to amend the consumer lease provisions of
the Consumer Credit Protection Act; to the Committee on
Banking and Financial Services.
By Mr. LAZIO of New York (for himself, Mr. DeLay, Mr.
Spence, Mr. Stump, and Mr. Parker):
H. Con. Res. 180. Concurrent resolution commending the
Americans who served the United States during the period
known as the cold war; to the Committee on National Security,
and in addition to the Committees on International Relations,
and Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
para.62.37 private bills and resolutions
Under clause 1 of rule XXII,
Mrs. Mink of Hawaii introduced a bill (H.R. 3516) to permit
duty free treatment for certain structures, parts, and
components used in the Gemini Telescope Project; which was
referred to the Committee on Ways and Means.
para.62.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Orton.
H.R. 103: Mr. Horn, Mr. Coyne, and Mr. Deal of Georgia.
H.R. 351: Mr. Herger and Mr. Wicker.
H.R. 580: Mr. Duncan.
H.R. 598: Mr. Condit Mr. Wilson, Mr. Stearns, and Mr.
Bachus.
H.R. 1000: Mrs. Kennelly.
H.R. 1023: Mr. Levin.
H.R. 1024: Mr. Schaefer.
H.R. 1073: Mr. Kanjorski.
H.R. 1074: Mr. Kanjorski.
H.R. 1386: Mr. Spratt.
H.R. 1618: Mr. Coble and Mr. Horn.
H.R. 1656: Mr. Stockman.
H.R. 1776: Mr. Smith of Michigan, Mr. Tanner, Ms. Woolsey,
Mr. Edwards, Mr. Greenwood, Mr. Torkildsen, Mr. Ballenger,
Mr. Knollenberg, Mr. Ganske, Mrs. Meyers of Kansas, Mr.
Longley, Mr. Houghton, Mr. Rogers, Mr. Stearns, Mr. Graham,
Mr. Chrysler, Mr. Roth, Mr. Klug, Mr. Rohrabacher, Mr.
Brownback, Mr. Dickey, Mr. Chambliss, Mr. Wicker, Mr. Wamp,
Mr. Cremeans, and Mr. Lewis of Kentucky.
H.R. 1889: Mr. Salmon, Mr. Markey, and Mr. Bachus.
H.R. 1980: Mr. Frazer, Mr. Durbin, Ms. Furse, and Ms.
Eshoo.
H.R. 2011: Mr. Hoyer.
H.R. 2185: Mr. Borski, Mr. Lipinski, Mr. Thompson, Mr.
Coburn, and Mr. Filner.
H.R. 2200: Mr. Lipinski and Mr. Sensenbrenner.
H.R. 2209: Mr. Kasich.
H.R. 2320: Ms. Kaptur, Mr. Cremeans, Mr. Canady, Mr.
Visclosky, and Mr. Nethercutt.
H.R. 2342: Mr. Fields of Texas and Mr. Poshard.
H.R. 2396: Mr. Bentsen, Mr. Brewster, Mr. English of
Pennsylvania, Mr. Frazer, Mrs. Kelly, Mr. Lantos, Mr. Luther,
Mr. Romero-Barcelo, Mr. Sisisky, Mr. Smith of New Jersey, and
Mr. Volkmer.
H.R. 2528: Mr. Farr, Mr. Condit, and Mr. Dooley.
H.R. 2579: Mr. Pastor, Mr. Upton, Mr. Minge, and Mr.
Schiff.
H.R. 2582: Mr. Crane.
H.R. 2688: Ms. Lofgren.
H.R. 2745: Mr. Portman.
H.R. 2746: Mr. Meehan, Mr. Kennedy of Massachusetts, Mr.
Frazer, Mr. Evans, Mr. Shays, Mr. Olver, Mr. Stark, and Mr.
Watt of North Carolina.
H.R. 2798: Mr. Peterson of Minnesota.
H.R. 2820: Mr. Quillen, Mr. Wamp, Mr. Cardin, and Mr.
Hilleary.
H.R. 2966: Mrs. Meyers of Kansas.
H.R. 3059: Mr. Evans.
H.R. 3119: Mr. Fazio of California.
H.R. 3142: Mr. Frisa, Mr. Royce, Mr. Ballenger, and Ms.
Woolsey.
H.R. 3170: Mr. Andrews.
H.R. 3172: Mr. Dellums.
H.R. 3199: Mr. Salmon, Mr. Frost, Mr. Sensenbrenner, Mr.
Fawell, Mr. Shuster, Mr. Nethercutt, Mr. Horn, and Mr.
Laughlin.
H.R. 3200: Mr. Souder, Mr. Minge, Mr. Flanagan, Mr. Condit,
Mrs. Lincoln, Mr. Latham, Mr. Archer, Mr. Radanovich, Mr.
Shadegg, Mrs. Chenoweth, Mr. Lucas, Mr. Porter, Ms. Danner,
Mrs. Cubin, Ms. Pryce, Ms. McCarthy, Mr. Cooley, Mr. Baker of
California, Mr. Blute, Mr. Hefley, Mr. Thomas, Mr. Cramer,
Mr. Riggs, Mr. Doolittle, Mr. Herger, Mrs. Smith of
Washington, Mr. Pombo, Mr. Calvert, and Mr. McKeon.
H.R. 3208: Mr. English of Pennsylvania, Mr. Horn, and Mr.
Smith of Michigan.
H.R. 3224: Mr. Franks of New Jersey.
H.R. 3226: Mr. Spratt, Ms. Roybal-Allard, and Mr. Fox.
H.R. 3251: Mr. Evans.
H.R. 3267: Mr. Ehlers.
H.R. 3294: Mr. Evans, Mr. Payne of New Jersey, Mr. Olver,
Mrs. Clayton, and Mr. Horn.
H.R. 3303: Mr. Montgomery, Mr. Bilbray, and Mr. Frank of
Massachusetts.
H.R. 3340: Ms. Danner, Mr. Houghton, Mr. Rogers, Mr.
Rohrabacher, Mr. Cunningham, and Mrs. Mink of Hawaii.
H.R. 3356: Mr. Pomeroy.
H.R. 3374: Mr. Frazer, Mr. Foglietta, and Mr. Frost.
H.R. 3379: Mr. Minge.
H.R. 3396: Mr. Chrysler, Mrs. Chenoweth, Mr. Spence, Mr.
Lipinski, Mr. Hastert, Mr. Hayworth, Mr. Sam Johnson, Mr.
Rahall, Mr. Talent, Mr. Hastings of Washington, Mr. Hunter,
Mr. Wicker, Mr. Tiahrt, Mr. Montgomery, and Mr. Hall of Ohio.
H.R. 3421: Mr. Burton of Indiana, Mr. Watt of North
Carolina, Mr. Goodlatte, Mr. Spratt, and Mr. Traficant.
H.R. 3449: Mr. Frost, Mr. Brewster, and Mr. Richardson.
H.R. 3462: Mr. Hilliard.
H.R. 3468: Mr. Salmon and Mr. Payne of Virginia.
H.J. Res. 70: Mr. Jackson and Mr. Hinchey.
H.J. Res. 178: Mr. Saxton and Mr. LoBiondo.
H. Con. Res. 151: Mr. Costello, Mr. LaFalce, Mr.
Montgomery, and Mr. Serrano.
H. Con. Res. 164: Mr. Lucas, Mr. Martinez, and Mr. Hunter.
H. Res. 266: Mr. Underwood, Mr. Frost, Mr. Becerra, Ms.
McKinney, Ms. Furse, Ms. Pelosi, Ms. Roybal-Allard, Mr. Brown
of California, Mr. Skeen, and Mr. Frazer.
para.62.39 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3396: Mr. Hastings of Florida.
.
THURSDAY, MAY 23, 1996 (63)
para.63.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. WALKER,
who laid before the House the following communication:
Washington, DC,
May 23, 1996.
I hereby designate the Honorable Robert S. Walker to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.63.2 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Wednesday, May 22. 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.63.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3144. A letter from the Deputy Secretary of Defense,
transmitting notification that the report required by section
365(a) of Public Law 104-106 will be transmitted to Congress
no later than September 1, 1996; to the Committee on National
Security.
3145. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
2024 and H.R. 2243, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
3146. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting the 1995 annual report of the
Federal Energy Regulatory Commission, pursuant to 16 U.S.C.
797(d); to the Committee on Commerce.
3147. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--Guides
for the Metalic Watch Band Industry and Guides for the
Jewelry Industry--received May 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3148. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to the Netherlands for defense articles and
services (Transmittal No. 96-50), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
[[Page 1264]]
3149. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to the Taipei Economic and Cultural
Representative Office [TECRO] in the United States for
defense articles and services (transmittal No. 96-48),
pursuant to 22 U.S.C. 2776(b); to the Committee on
International Relations.
3150. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed manufacturing license agreement
for production of major military equipment with Japan
(Transmittal No. DTC-30-96), pursuant to 22 U.S.C. 2776(d);
to the Committee on International Relations.
3151. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's report on nuclear nonproliferation in South Asia
for the period of October 1, 1995, through March 31, 1996,
pursuant to 22 U.S.C. 2376(c); to the Committee on
International Relations.
3152. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-49), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
3153. A communication from the President of the United
States transmitting notification that on May 19, 1996, heavy
fighting broke out between government forces and mutinous
troops in the capital city of Bangui, Central African
Republic, and that on May 20, 1996, the deployment of United
States military personnel was ordered to conduct the
evacuation from the Central African Republic of private
United States citizens and certain United States Government
employees (H. Doc. No. 104-220); to the Committee on
International Relations and ordered to be printed.
3154. A letter from the Chairwoman, National Mediation
Board, transmitting the fiscal year 1995 annual report under
the Federal Managers' Financial Integrity Act [FMFIA] of
1982, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
3155. A letter from the Secretary of the Treasury,
transmitting the fiscal year 1995 annual report under the
Federal Managers' Financial Integrity Act [FMFIA] of 1982,
pursuant to 31 U.S.C. 3512(c)(3); to the Committee on
Government Reform and Oversight.
3156. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Indiana Regulatory
Program (recodification of State law) [IN-132-FOR] received
May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
3157. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Texas Regulatory
Program (road systems and others) [TX-029-FOR] received May
22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
3158. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Indiana Regulatory
Program (remaining and others) [IN-133-FOR] received May 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3159. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Hopi Tribe Abandoned
Mine Land Reclamation Plan [HO-003-FOR] received May 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3160. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Missouri Regulatory
Program (revegetation success guidelines) [MO-025-FOR]
received May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3161. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Missouri Regulatory
Program (state alternative bonding system and others) [MO-
026-FOR] received May 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3162. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Oklahoma Abandoned Mine
Land Reclamation Plan (eligible lands and waters, and others)
[OK--15-FOR] received May 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3163. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Indiana Regulatory
Program (subsidence control) [IN-112-FOR] received May 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3164. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--New Mexico Regulatory
Program (definitions and others) [NM-036-FOR] received May
22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
3165. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Colorado Regulatory
Program (definitions and others) [CO-029-FOR] received May
22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
3166. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Virginia Regulatory
Program (coal waste) [VA-105] received May 22, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3167. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Illinois Regulatory
Program (termination of jurisdiction and others) [IL-089-FOR]
received May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3168. A letter from the Director, National Legislative
Commission, The American Legion, transmitting a copy of the
Legion's financial statements as of December 31, 1995,
pursuant to 36 U.S.C. 1101(4) and 1103; to the Committee on
the Judiciary.
3169. A letter from the Director, Federal Emergency
Management Agency, transmitting notification that funding
under title V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended, may exceed $5 million
for the response to the emergency declared as a result of the
extreme fire hazard in the State of Texas dating back to
February 23, 1996, pursuant to 42 U.S.C. 5193(b)(3); to the
Committee on Transportation and Infrastructure.
3170. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Report To
Congress: Products Used For Airport Pavement Maintenance And
Rehabilitation,'' pursuant to the Federal Aviation
Administration Authorization Act of 1994; to the Committee on
Transportation and Infrastructure.
3171. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Veterans and Dependents Education:
Miscellaneous (RIN 2900-AH60) received May 22, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Veterans'
Affairs.
3172. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Interest Rate (Revenue Ruling 96-28)
received May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
3173. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Definitions Relating to Corporate Reorganizations (Revenue
Ruling 96-29) received May 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3174. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Distribution of Stock and Securities of a Controlled
Corporation (Revenue Ruling 96-30) received May 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
3175. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a
report on allocation of funds the executive branch intends to
make available from funding levels established in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1996; jointly, to the Committees on
Appropriations and International Relations.
3176. A letter from the Secretary of Health and Human
Services, transmitting the Secretary's evaluation of the
Medicare select demonstration, that is, a Medicare
supplemental insurance product limited to 15 States for 3
years, effective January 1, 1992, pursuant to section 4358(d)
of the Omnibus Budget Reconciliation Act of 1990; jointly, to
the Committees on Commerce and Ways and Means.
3177. A letter from the Chair of the Board, Office of
Compliance, transmitting notice of proposed rulemaking for
publication in the Congressional Record, pursuant to Public
Law 104-1, section 304(b)(1) (109 Stat. 29); jointly, to the
Committees on House Oversight and Economic and Educational
Opportunities.
3178. A letter from the Secretary of Health and Human
Services, transmitting the Department's report entitled
``Report to Congress: Changes in Physician Participation,
Assignment, and Extra Billing in the Medicare Program During
1994--ACTION,'' pursuant to section 1848(g)(6) of the Social
Security Act; jointly, to the Committees on Ways and Means
and Commerce.
para.63.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.63.5 unfinished business--h.r. 1227
The SPEAKER pro tempore, Mr. WALKER, announced the unfinished business
to be the consideration of the bill (H.R. 1227) to amend the Portal-to-
Portal Act of 1947 relating to the payment of wages to employees who use
employer owned vehicles.
When said bill was considered pursuant to House Resolution 440 and the
order of the House of May 22, 1996.
After debate,
Mr. RIGGS, pursuant to House Resolution 440, offered the following
amendment:
Add at the end the following:
SEC. 3. MINIMUM WAGE INCREASE.
(a) Short Title.--This section may be cited as the
``Minimum Wage Increase Act of 1996''.
(b) Amendment.--Paragraph (1) of section 6(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than $4.25 an hour during the period ending on June 30,
1996, not less than $4.75 an hour during the year beginning
[[Page 1265]]
on July 1, 1996, and not less than $5.15 an hour after the
expiration of such year;''.
Pending consideration of said amendment,
para.63.6 point of order
Mr. PORTMAN made a point of order against the amendment as violating
section 425(a) of the Congressional Budget Act of 1974, and said:
``Mr. Speaker, pursuant to section 425(a) of the Congressional Budget
Act, it is not in order for the House to consider any amendment that
would increase the direct costs of Federal intergovernmental mandates in
excess of $50 million annually. The precise language in the amendment
before us on which this is based is `Paragraph 1 of section 6(a) of the
Fair Labor Standards Act of 1938 is amended to read as follows: Not less
than $.75 an hour during the year beginning July 1, 1996, and not less
than $5.15 an hour after the expiration of such year.'
``It is upon this basis and the impact this amendment would have on
State and local government as estimated by the Congressional Budget
Office that I raise this point of order, and ask for ruling from the
Chair.''.
The SPEAKER pro tempore, Mr. WALKER, responded to the point and said:
``The gentleman from Ohio [Mr. Portman] makes a point of order that
the amendment violates section 425(a) of the Congressional Budget Act of
1974. In accordance with section 426(b)(2) of the Act, the gentleman has
met his threshold burden to identify the specific language in the
amendment on which he predicates the point of order. Under section
426(b)(4) of the Act, the gentleman from Ohio and a Member opposed each
will control 10 minutes of debate on the point of order. Pursuant to
section 426(b)(3) of the Act, after debate on the point of order the
Chair will put the question of consideration, to wit: `Will the House
now consider the amendment?'.''
After debate,
The question being put, viva voce,
Will the House now consider said amendment?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays appeared
to have it.
Mr. CLAY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
267
When there appeared
<3-line {>
Nays
161
para.63.7 [Roll No. 191]
YEAS--267
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Buyer
Canady
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cremeans
Cummings
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
English
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moorhead
Moran
Morella
Murtha
Nadler
Neal
Neumann
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--161
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cubin
Cunningham
Davis
DeLay
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Frelinghuysen
Funderburk
Gekas
Geren
Gilchrest
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kim
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Montgomery
Myers
Myrick
Nethercutt
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Radanovich
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
White
Wicker
Wolf
Zeliff
NOT VOTING--5
Engel
Franks (CT)
Hancock
Molinari
Ward
So, the question of consideration was resolved in the affirmative.
When said amendment was considered.
After debate,
Pursuant to House Resolution 440, the previous question on the
amendment was considered as ordered.
The question being put, viva voce,
Will the House agree to the amendment?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays appeared
to have it.
Mr. RIGGS demanded a recorded vote on the amendment, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
266
<3-line {>
affirmative
Nays
162
para.63.8 [Roll No. 192]
AYES--266
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baldacci
Barrett (WI)
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Buyer
Canady
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cremeans
Cummings
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
[[Page 1266]]
Ford
Fox
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hayes
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Neumann
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--162
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bliley
Boehner
Bonilla
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cubin
Cunningham
Davis
DeLay
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fowler
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Gekas
Geren
Gilchrest
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (KY)
Linder
Livingston
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Rohrabacher
Rose
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
White
Wicker
Wolf
Zeliff
NOT VOTING--5
Barcia
Becerra
Horn
Molinari
Ward
So the amendment was agreed to.
Mr. GOODLING, pursuant to House Resolution 440, offered the following
amendment:
Add at the end the following:
SEC. 3. FAIR LABOR STANDARDS ACT AMENDMENTS.
(a) Computer Professionals.--Section 13(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by
striking the period at the end of paragraph (16) and
inserting ``; or'' and by adding after that paragraph the
following:
``(17) any employee who is a computer systems analyst,
computer programmer, software engineer, or other similarly
skilled worker, whose primary duty is--
``(A) the application of systems analysis techniques and
procedures, including consulting with users, to determine
hardware, software, or system functional specifications;
``(B) the design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to user
or system design specifications;
``(C) the design, documentation, testing, creation, or
modification of computer programs related to machine
operating systems; or
``(D) a combination of duties described in subparagraphs
(A), (B), and (C) the performance of which requires the same
level of skills, and
who, in the case of an employee who is compensated on an
hourly basis, is compensated at a rate of not less than
$27.63 an hour.''.
(b) Tip Credit.--The next to last sentence of section 3(m)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is
amended to read as follows: ``In determining the wage an
employer is required to pay a tipped employee, the amount
paid such employee by the employee's employer shall be an
amount equal to--
``(1) the cash wage paid such employee which for purposes
of such determination shall be not less than the cash wage
required to be paid such an employee on the date of the
enactment of this paragraph; and
``(2) an additional amount on account of the tips received
by such employee which amount is equal to the difference
between the wage specified in paragraph (1) and the cash wage
in effect under section 6(a)(1).
The additional amount on account of tips may not exceed the
value of the tips actually received by an employee.''.
(c) Opportunity Wage.--Section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1) In lieu of the rate prescribed by
subsection(a)(1), any employer may pay any employee of such
employer, during the first 90 consecutive calendar days after
such employee is initially employed by such employer, a wage
which is not less than $4.25 an hour.
``(2) No employer may take any action to displace employees
(including partial displacements such as reduction in hours,
wages, or employment benefits) for purposes of hiring
individuals at the wage authorized in paragraph (1).
``(3) Any employer who violates this subsection shall be
considered to have violated section 15(a)(3).
``(4) This subsection shall only apply to an employee who
has not attained the age of 20 years.''.
(d) Small Business Exemption.--
(1) Special industry committees.--Section 5(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 205(a)) is amended by
striking ``engaged in commerce or in the production of goods
for commerce or employed in any enterprise engaged in
commerce or in the production of goods for commerce'' each
time that it appears and inserting each time the following:
``who are (1) engaged in industrial homework subject to 11(d)
and are either (A) engaged in commerce, or (B) engaged in the
production of goods for commerce, or (2) employed in an
enterprise engaged in commerce or in the production of goods
for commerce''.
(2) Minimum wage.--Section 6(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)) is amended by striking ``who
in any workweek is engaged in commerce or in the production
of goods for commerce, or is employed in an enterprise
engaged in commerce or in the production of goods for
commerce'' and inserting the following: ``who in any workweek
is engaged in industrial homework subject to 11(d) and is
either engaged in commerce or engaged in the production of
goods for commerce, or employed in an enterprise engaged in
commerce or in the production of goods for commerce''.
(3) Wage orders.--Section 8(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 208(a)) is amended by striking
``employers in American Samoa engaged in commerce or in the
production of goods for commerce or'' and inserting in lieu
thereof ``employers in American Samoa''.
(4) Maximum hours.--Paragraphs (1) and (2) of section 7(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a))
are each amended by striking ``who in any workweek is engaged
in commerce or in the production of goods for commerce, or is
employed in an enterprise engaged in commerce or in the
production of goods for commerce'' and inserting the
following: ``who in any workweek is (A) engaged in industrial
homework subject to 11(d) and is either (i) engaged in
commerce, or (ii) engaged in the production of goods for
commerce, or (B) employed in an enterprise engaged in
commerce or in the production of goods for commerce''.
(6) Sex discrimination.--Paragraphs (1) and (2) of section
6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)) are each amended by inserting after ``employees
subject to any provisions of this section'' the following:
``or employees engaged in commerce or in the production of
goods for commerce''.
(7) Handicapped workers.--Section 14(c)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended
by inserting after ``injury'' the following: ``and who are
engaged in commerce or in the production of goods for
commerce, or who are employed in an enterprise engaged in
commerce or in the production of goods for commerce''.
(8) Preservation of coverage.--In the case of an employee
who on May 15, 1996, was subject to section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1) and who
because of the amendments made by
[[Page 1267]]
this subsection is not subject to such section, the employer
of such employee on such date shall--
(A) pay such employee not less than the minimum wage in
effect under such section on May 15, 1996;
(B) pay such employee in accordance with section 7 of such
Act (29 U.S.C. 207); and
(C) remain subject to section 12 of such Act (29 U.S.C.
212).
No employer may take any action to displace employees
(including partial displacements such as reduction in hours,
wages, or employment benefits) for purposes of hiring
individuals at less than the wage authorized in subparagraph
(A) or to avoid the protections of subparagraphs (B) and (C).
Any employer who violates the preceding sentence shall be
considered to have violated section 15(a)(3) of the Fair
Labor Standards Act of 1938.
When said amendment was considered.
After debate,
Pursuant to House Resolution 440, the question was divided between
subsection (d) and the remainder of the new section proposed by said
amendment.
The question being put, viva voce,
Will the House agree to the first three subsections of the new section
proposed by the amendment?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays appeared
to have it.
Mr. GOODLING objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
239
When there appeared
<3-line {>
Nays
188
para.63.9 [Roll No. 193]
YEAS--239
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
Lofgren
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
NAYS--188
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Beilenson
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (FL)
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NOT VOTING--6
Becerra
DeLay
Kingston
McNulty
Molinari
Ward
So, the first three subsections of the new section proposed by the
amendment were agreed to.
The question being put, viva voce,
Will the House agree to subsection (d) of the new section proposed by
the amendment?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays appeared
to have it.
Mr. GOODLING demanded a recorded vote on agreeing to subsection (d) of
the new section proposed by the amendment, which demand was supported by
one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
196
<3-line {>
negative
Nays
229
para.63.10 [Roll No. 194]
AYES--196
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kim
Klug
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
[[Page 1268]]
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
NOES--229
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Fox
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
LaHood
Lantos
LaTourette
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NOT VOTING--8
Becerra
Collins (MI)
DeLay
Deutsch
Kingston
McNulty
Molinari
Ward
So subsection (d) of the new section proposed by the amendment was not
agreed to.
Pursuant to the rule, the previous question was ordered on the bill,
as amended.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
Mr. GOODLING demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
281
<3-line {>
affirmative
Nays
144
para.63.11 [Roll No. 195]
AYES--281
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Buyer
Canady
Cardin
Castle
Chapman
Chrysler
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cremeans
Cummings
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Ehlers
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hayes
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDade
McDermott
McHale
McHugh
McKinney
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moorhead
Moran
Morella
Murtha
Nadler
Neal
Neumann
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Spratt
Stark
Stearns
Stockman
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--144
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Chabot
Chambliss
Chenoweth
Christensen
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cubin
Cunningham
Davis
Dickey
Doolittle
Dornan
Dreier
Dunn
Ehrlich
Emerson
Everett
Ewing
Fields (TX)
Franks (CT)
Funderburk
Gekas
Geren
Goodlatte
Goss
Graham
Greene (UT)
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kim
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Montgomery
Myers
Myrick
Nethercutt
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Pombo
Porter
Portman
Quillen
Radanovich
Rohrabacher
Rose
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Souder
Spence
Stenholm
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Vucanovich
Walker
Wamp
Watts (OK)
White
Wicker
Wolf
Zeliff
NOT VOTING--8
Becerra
DeLay
Deutsch
Hoke
Kingston
McNulty
Molinari
Ward
So the bill was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide tax relief for small businesses, to protect jobs, to create
opportunities, to increase the take home pay of workers, to amend the
Portal-to-Portal Act of 1947 relating to the payment of wages to
employees who use employer owned vehicles, and to amend the Fair Labor
Standards Act of 1938 to increase the minimum wage rate and to prevent
job loss by providing flexibility to employers in complying with minimum
wage and overtime requirements under that Act.''.
A motion to reconsider the votes whereby said bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Pursuant to section 4(b) of House Resolution 440, the text of H.R.
1227
[[Page 1269]]
was appended to the engrossment of H.R. 3448, and H.R. 1227 was laid on
the table.
para.63.12 calendar Wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, May
29, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.63.13 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until 2:00
p.m., Wednesday, May 29, 1996, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments authorized by
law or by the House.
para.63.14 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. GOSS, laid before the House a
communication, which was read as follows:
Washington, DC,
May 23, 1996.
I hereby designate the Honorable Robert S. Walker to act as
Speaker pro tempore to sign enrolled bills and joint
resolutions through Wednesday, May 29, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.63.15 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a concurrent resolution of the
following title, in which the concurrence of the House is requested:
S. Con. Res. 60. Concurrent resolution providing for a
conditional adjournment or recess of the Senate and the House
of Representatives.
The message also announced that pursuant to Public Law 104-52, as
amended by Public Law 104-134, the Chair, on behalf of the majority
leader, appoints the Senator from Iowa, Mr. Grassley; David L. Keating,
of Maryland; J. Fred Kubik, of Kansas; and Mark L. McConaghy, of
Washington, D.C., to the National Commission on Restructuring the
Internal Revenue Service.
The message also announced that pursuant to Public Law 104-52, as
amended by Public Law 104-134, the Chair, on behalf of the Democratic
leader, appoints the Senator from Nebraska, Mr. Kerrey; and Fred T.
Goldberg, Jr., of Missouri, to the National Commission on Restructuring
the Internal Revenue Service.
para.63.16 public works projects
The SPEAKER pro tempore, Mr. GOSS, laid before the House a
communication, which was read as follows:
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, May 13, 1996.
Hon. Newt Gingrich,
Office of the Speaker, U.S. House of Representatives,
Washington, DC.
Dear Speaker Gingrich: Pursuant to the provisions of the
Public Buildings Act of 1959, I am transmitting resolutions
approved by the Committee on Transportation and
Infrastructure on May 9, 1996.
With kind personal regards, I remain
Sincerely,
Bud Shuster,
Chairman.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
para.63.17 public works projects
The SPEAKER pro tempore, Mr. GOSS, laid before the House a
communication, which was read as follows:
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, May 13, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Enclosed are copies of resolutions
adopted on March 7, 1996 and May 9, 1996 by the Committee on
Transportation and Infrastructure. A copy of the resolutions
are being transmitted to the Department of the Army.
With kind personal regards, I remain
Sincerely,
Bud Shuster,
Chairman.
The communication, together with the accompanying papers, was referred
to the Committee on Appropriations.
para.63.18 message from the president-retirement savings and security
act
The SPEAKER pro tempore, Mr. GOSS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit today for the consideration of the Congress
the ``Retirement Savings and Security Act.'' This legislation is
designed to empower all Americans to save for their retirement by
expanding pension coverage, increasing portability, and enhancing
security. By using both employer and individual tax-advantaged
retirement savings programs, Americans can benefit from the
opportunities of our changing economy while assuring themselves and
their families greater security for the future. A general explanation of
the act accompanies this transmittal.
Today, over 58 million American public and private sector workers are
covered by employer-sponsored pension or retirement savings plans.
Millions more have been able to save through Individual Retirement
Accounts (IRAs). The Retirement Savings and Security Act would help
expand pensions to the over 51 million American private-sector workers--
including over three-quarters of the workers in small businesses--who
are not covered by an employer-sponsored pension or retirement savings
program and need both the opportunity and encouragement to start saving.
Women particularly need this expanded coverage: fewer than one-third of
all women retirees who are 55 or older receive pension benefits,
compared with 55 percent of male retirees.
The act would also help the many workers who participate in pension
plans to continue to save when they change jobs. It would reassure all
workers who save through employer-sponsored plans that the money they
have saved, as well as that put aside by employers on their behalf, will
be there when they need it.
The Retirement Savings and Security Act would:
--Establish a simple new small business 401(k)-type plan--the National
Employee Savings Trust (NEST)--and simplify complex pension laws.
The NEST is specifically designed to ensure participation by low-
and moderate-wage workers, who will be able to save up to $5,000 per
year tax-deferred, plus receive employer contributions toward
retirement. The act would encourage employers of all sizes to cover
employees under retirement plans, and it would enable employers to
put more money into benefits and less into paying lawyers,
accountants, consultants, and actuaries.
--Increase the ability of workers to save for retirement from their
first day on the job by removing barriers to pension portability.
In particular, employers would be encouraged no longer to require a
1-year wait before employees can contribute to their pension plans.
The Federal Government would set the example for other employers by
allowing its new employees to begin saving through the Thrift
Savings Plan when they are hired, rather than having to wait up to
a year. In addition, the Act would reduce from 10 to 5 years the
time those participating in multiemployer plans--union plans where
workers move from job to job--must work to receive vested benefits.
It would also help ensure that returning veterans retain pension
benefits and that workers receive their retirement savings even
when a previous employer is no longer in existence.
--Expand eligibility for tax-deductible IRAs to 20 million more
families. In addition, the Act would encourage savings by making
the use of IRAs more flexible by allowing penalty-free withdrawals
for education and training, purchase of a first home, catastrophic
medical expenses, and long-term unemployment. It would also provide
an additional IRA option that provides tax-free distributions
instead of tax-deductible contributions.
--Enhance pension security by protecting the savings of millions of
State and local workers from their employer's bankruptcy, as hap
[[Page 1270]]
pened in Orange County, California. The Act would (1) require
prompt reporting by plan administrators and accountants of any
serious and egregious misuse of funds; (2) double the guaranteed
benefit for participants in multiemployer plans in the unlikely
event such a plan becomes insolvent; and (3) enhance benefits of a
surviving spouse and dependents under the Civil Service Retirement
System and the Railroad Retirement System.
--Ensure that pension raiding, such as that which drained $20 billion
out of retirement funds in the 1980s, never happens again--by
retaining the strong current laws preventing such abuses and by
requiring periodic reports on reversions by the Secretary of Labor.
Many of the provisions of the Retirement Savings and Security Act are
new. In particular, provisions facilitating saving from the first day
on the job, in both the private sector and the Federal Government; the
doubling of the multi-employer guarantee; and improving benefits for
surviving spouses and dependents of participants in the Civil Service
Retirement System and the Railroad Retirement System deserve special
consideration by the Congress. In addition, many of the provisions and
concepts in this Act have been previously proposed by this
Administration and have broad bipartisan support.
American workers deserve pension security--as well as a decent wage,
lifelong access to high quality education and training, and health
security--to take advantage of the opportunities of our growing
economy.
I urge the prompt and favorable consideration of this legislative
proposal by the Congress.
William J. Clinton.
The White House, May 23, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, and the Committee and Transportation and
Infrastructure, and ordered printed (H. Doc. 104-221).
para.63.19 providing for the adjournment of the two houses
The SPEAKER pro tempore, Mr. GOSS, laid before the House the following
privileged concurrent resolution of the Senate (S. Con. Res. 60):
Resolved by the Senate (the House of Representatives
concurring), That when the Senate recesses or adjourns at the
close of business on Thursday, May 23, 1996, Friday, May 24,
1996, or Saturday, May 25, 1996, pursuant to a motion made by
the Majority Leader or his designee, in accordance with this
resolution, it stand recessed or adjourned until noon on
Monday, June 3, 1996, or Tuesday, June 4, 1996, or until such
time on that day as may be specified by the Majority Leader
or his designee in the motion to recess or adjourn, or until
noon on the second day after Members are notified to
reassemble pursuant to section 2 of this concurrent
resolution, whichever occurs first; and that when the House
of Representatives adjourns on the legislative day of
Thursday, May 23, 1996, it stand adjourned until 2:00 p.m. on
Wednesday, May 29, 1996, or until noon on the second day
after Members are notified to reassemble pursuant to section
2 of this concurrent resolution, whichever occurs first.
Sec. 2. The Majority Leader of the Senate and the Speaker
of the House, acting jointly after consultation with the
Minority Leader of the Senate and Minority Leader of the
House, shall notify the Members of the Senate and the House,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.63.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. WARD, for today and balance of week;
To Mr. UNDERWOOD, for today and May 29; and
To Mr. McNULTY, for today after 2:00 p.m.
And then,
para.63.21 adjournment
On motion of Mr. ROHRABACHER, pursuant to the provisions of Senate
Concurrent Resolution 60, at 5 o'clock and 27 minutes p.m., the House
adjourned until 2:00 o'clock p.m. on Wednesday, May 29, 1996.
para.63.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mrs. VUCANOVICH: Committee on Appropriations. H.R. 3517. A
bill making appropriations for military construction, family
housing, and base realignment and closure for the Department
of Defense for fiscal year ending September 30, 1997, and for
other purposes (Rept. No. 104-591). Referred to the Committee
on the Whole House on the State of the Union.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 2531. A bill to amend the Fair Labor
Standards Act of 1938 to clarify the exemption for
houseparents from the minimum wage and maximum hour
requirements of that Act, and for other purposes; with an
amendment (Rept. No. 104-592). Referred to the Committee of
the Whole House on the State of the Union.
Mr. WALKER. Committee on Science. H.R. 3060. A bill to
implement the Protocol and Environmental Protection to the
Antarctic Treaty (Rept. No. 104-593, Pt. 1). Referred to the
Committee of the Whole House on the State of the Union.
Mr. LIVINGSTON: Committee on Appropriations. Report on the
Subdivision of Budget Totals for Fiscal Year 1997 (Rept. No.
104-594). Referred to the Committee of the Whole House on the
State of the Union.
DISCHARGE OF COMMITTEE
Pursuant to clause 5 of rule X the Committees on International
Relations and Resources discharged from further consideration. H.R.
3060 referred to the Committee of the Whole House on the state of the
Union.
para.63.23 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3060. Referral to the Committees on International
Relations and Resources extended for a period ending not
later than May 23, 1996.
para.63.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BILBRAY:
H.R. 3518. A bill to amend the Clean Air Act to permit the
exclusive application of State regulations regarding
reformulated gas in certain areas; to the Committee on
Commerce.
By Mr. BARTON of Texas:
H.R. 3519. A bill to amend the Clean Air Act; to the
Committee on Commerce.
By Mr. GEPHARDT (for himself, Mr. Bonior, Mr. Bentsen,
Mr. Gejdenson, Mr. Pomeroy, Mr. Sawyer, Mr. Fazio of
California, Mrs. Kennelly, Mr. Dingell, Mr. Gibbons,
Mr. Clay, Mr. LaFalce, Mr. Oberstar, Mr. Durbin, Mr.
Johnson of South Dakota, Mr. Kennedy of
Massachusetts, Mr. Stark, Mr. Matsui, Mr. Coyne, Mr.
Levin, Mr. McDermott, Mr. Kleczka, Mr. Lewis of
Georgia, Mr. Neal of Massachusetts, Mr. Miller of
California, Mr. Williams, Mr. Andrews, Mr. Green of
Texas, Ms. Woolsey, Mr. Fattah, Ms. DeLauro, Mr.
Murtha, Mr. Obey, Mr. Frost, Mr. Brown of California,
Mr. Yates, Mr. Gonzalez, Mr. Studds, Mr. Markey, Mr.
Rahall, Mr. Vento, Mr. Evans, Ms. Kaptur, Mr. Spratt,
Mr. Torres, Mr. Towns, Mr. Wise, Mr. Kanjorski, Mr.
Thornton, Mr. Costello, Ms. Slaughter, Mrs. Lowey,
Mr. Serrano, Mr. Olver, Mr. Filner, Mr. Gutierrez,
Ms. Harman, Mr. Hastings of Florida, Mr. Holden, Mrs.
Meek of Florida, Mr. Scott, Mr. Stupak, Mrs. Thurman,
Ms. Velazquez, Mr. Wynn, Mr. Baldacci, Ms. Lofgren,
Mr. Faleomavaega, and Mr. Sanders):
H.R. 3520. A bill to provide for retirement savings and
security; to the Committee on Ways and Means, and in addition
to the Committees on Economic and Educational Opportunities,
Government Reform and Oversight, and Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Ms. BROWN of Florida:
H.R. 3521. A bill to amend title 10, United States Code, to
repeal the requirement that amounts paid to a member of the
Armed Forces under the Special Separation Benefits Program of
the Department of Defense, or under the Voluntary Separation
Incentive Program of that Department, be offset from amounts
subsequently paid to that member by the Department of
Veterans Affairs as disability compensation; to the Committee
on National Security.
By Mrs. COLLINS:
H.R. 3522. A bill to amend title 23, United States Code, to
ensure consideration of and planning for reuse or disposal of
construc
[[Page 1271]]
tion and demolition debris resulting from highway projects,
and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. GALLEGLY:
H.R. 3523. A bill to require the relocation of a National
Weather Service radar tower which is on Sulphur Mountain near
Ojai, CA; to the Committee on Science.
By Mr. GILMAN:
H.R. 3524. A bill to amend title 32, United States Code, to
authorize the National Guard of a State, as part of a drug
interdiction and counter-drug activities plan, to assist the
Immigration and Naturalization Service in the transportation
of aliens who have violated a Federal or State law
prohibiting or regulating the possession, use, or
distribution of a controlled substance; to the Committee on
National Security.
By Mr. HYDE (for himself and Mr. Conyers):
H.R. 3525. A bill to amend title 18, United States Code, to
clarify the Federal jurisdiction over offenses relating to
damage to religious property; to the Committee on the
Judiciary.
By Mr. JOHNSON of South Dakota:
H.R. 3526. A bill to amend title 18, United States Code,
with respect to transmission of wagering information; to the
Committee on the Judiciary.
By Mr. KIM (for himself, Mr. Bilbray, Mr. Cunningham,
Mr. Bonilla, Mr. Horn, Mrs. Seastrand, Mr. Bono, Mr.
Dreier, Mr. Calvert, Mr. McKeon, Mr. Doolittle, and
Mr. Moorhead):
H.R. 3527. A bill to provide financial assistance to
Mexican border States for transportation projects that are
necessary to accommodate increased traffic resulting from the
implementation of the North American Free-Trade Agreement; to
the Committee on Transportation and Infrastructure.
By Ms. LOFGREN:
H.R. 3528. A bill to require any department, agency, or
instrumentally that contracts with the Federal Government to
offer a health plan and pension plan; to the Committee on
Government Reform and Oversight.
H.R. 3529. A bill to amend the Internal Revenue Code of
1986 to allow an individual who is entitled to receive child
support a refundable credit equal to the amount of unpaid
child support and to increase the tax liability of the
individual required to pay such support by the amount of the
unpaid child support; to the Committee on Ways and Means.
H.R. 3530. A bill to amend the Internal Revenue Code of
1986 to provide a deduction for legal expenses of individuals
who bring sexual harassment suits against their employers; to
the Committee on Ways and Means.
By Mr. MOORHEAD:
H.R. 3531. A bill to amend title 15, United States Code, to
promote investment and prevent intellectual property piracy
with respect to databases; to the Committee on the Judiciary.
By Mr. MORAN (for himself, Mr. Hoyer, Mr. Wynn, Mr.
Holden, and Ms. Norton) (all by request):
H.R. 3532. A bill to provide a temporary authority for the
use of voluntary separation incentives by Federal agencies
that are reducing employment levels, and for other purposes;
to the Committee on Government Reform and Oversight.
By Mr. NADLER:
H.R. 3533. A bill to amend the Bank Protection Act of 1968
to require enhanced security measures sufficient to provide
surveillance pictures which can be used effectively as
evidence in criminal prosecutions, to amend title 28, United
States Code, to require the Federal Bureau of Investigation
to make technical recommendations with regard to such
security measures, and for other purposes; to the Committee
on Banking and Financial Services, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. RADANOVICH (for himself, Mr. Cooley, Mr. Herger,
Mr. Calvert, Mrs. Seastrand, Mr. Farr, Mr. Dooley,
and Mr. Condit):
H.R. 3534. A bill to authorize the Secretary of the
Interior to renew certain permits in the Mineral King
Addition of the Sequoia National Park and to protect historic
and cultural resources in that National Park, and for other
purposes; to the Committee on Resources.
By Mr. WYNN:
H.R. 3535. A bill to redesignate a Federal building in
Suitland, MD, as the ``W. Edwards Deming Federal Building'';
to the Committee on Transportation and Infrastructure.
By Mr. BARRETT of Nebraska (for himself, Mr. Emerson,
and Mr. Lucas):
H. Con. Res. 181. Concurrent resolution expressing the
sense of Congress that the Secretary of Agriculture should
dispose of all remaining commodities in the disaster reserve
maintained under the Agricultural Act of 1970 to relieve the
distress of livestock producers whose ability to maintain
livestock is adversely affected by the prolonged drought
conditions existing in certain areas of the United States; to
the Committee on Agriculture.
By Mr. KLINK (for himself, Mr. Bateman, Mr. Bilirakis,
Mr. Blute, Mr. Coyne, Mr. Dornan, Mr. Doyle, Mr.
Engel, Mr. Funderburk, Mr. Green of Texas, Mr. Horn,
Mrs. Maloney, Mr. Matsui, Mr. Meehan, Mr. Menendez,
and Mr. Pallone):
H. Res. 441. Resolution calling upon, and requesting that
the President call upon, all Americans to recognize and
appreciate the historical significance and the heroic human
endeavor and sacrifice of the people of Crete during World
War II, and commending the PanCretan Association of America;
to the Committee on International Relations.
para.63.25 memorials
Under clause 4 of rule XXII,
219. The SPEAKER presented a memorial of the Senate of the
State of Tennessee, relative to Federal funding for the
Center for Applied Science and Technology for Law Enforcement
[CASTLE]; to the Committee on the Judiciary.
para.63.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 294: Mr. Holden.
H.R. 295: Ms. Kaptur.
H.R. 559: Mr. Coyne.
H.R. 580: Mr. Stupak.
H.R. 820: Mr. Bateman, Mr. Yates, Mr. Scott, Mr. Deutsch,
and Mr. Lipinski.
H.R. 878: Mrs. Clayton, Mr. Taylor of North Carolina, Mr.
LaHood, Mr. Christensen, Mr. Schiff, Mr. Poshard, and Mr.
Costello.
H.R. 940: Mr. Skaggs.
H.R. 973: Mr. McDermott.
H.R. 997: Mr. Vento.
H.R. 1042: Mr. Norwood.
H.R. 1352: Mr. Metcalf, Mr. Nethercutt, and Mr. Bryant of
Tennessee.
H.R. 1386: Mr. Combest.
H.R. 1500: Mr. Watt of North Carolina.
H.R. 1711: Mr. Deal of Georgia, Mrs. Vucanovich, and Mr.
Horn.
H.R. 1805: Mr. LaHood, Mr. Christensen, and Mr. Smith of
New Jersey.
H.R. 1882: Mrs. Maloney.
H.R. 1916: Ms. Greene of Utah.
H.R. 1951: Mr. Deal of Georgia.
H.R. 2009: Mr. Moakley, Mr. Meehan, and Mr. Markey.
H.R. 2026: Mr. Orton, Mr. Gutierrez, Ms. Waters, Mr.
Matsui, Mr. Roemer, Mr. Fattah, Ms. Jackson-Lee, Mr. Owens,
Ms. Kaptur, Mr. Williams, Mr. Ford, Mr. Clement, Ms.
McCarthy, Mr. Peterson of Florida, Mr. Dooley, Mrs. Clayton,
Mr. Hefner, Mr. Kleczka, Mr. Abercrombie, Mr. Markey, Mr.
Skaggs, Ms. Lofgren, Mr. Graham, Mr. Houghton, Mr.
Sensenbrenner, Mr. Hayworth, Mr. Klug, Mr. Hall of Texas, Mr.
Dickey, and Mr. Hostettler.
H.R. 2214: Mr. Ackerman.
H.R. 2230: Mr. Cunningham, Mr. McHugh, Mr. Whitfield, Mr.
Doolittle, Mr. Stump, and Mr. Tauzin.
H.R. 2247: Mr. Blute, Mr. Bunn of Oregon, Mr. McCollum, Mr.
Moran, and Mr. Smith of New Jersey.
H.R. 2270: Mr. Pete Geren of Texas and Mr. Horn.
H.R. 2271: Mr. Schumer.
H.R. 2320: Mr. Horn, Mr. King, and Mr. Stupak.
H.R. 2421: Mr. Gilman, Mr. Kennedy of Massachusetts, and
Mrs. Maloney.
H.R. 2472: Ms. Harman, Mr. Kennedy of Massachusetts, and
Mr. Baldacci.
H.R. 2508: Mr. Deal of Georgia and Mr. Pallone.
H.R. 2513: Mr. Weller.
H.R. 2665: Mr. Baldacci.
H.R. 2697: Mr. Oberstar, Mr. Miller of California, Ms.
Rivers, Mr. Payne of Virginia, Mr. Hastings of Washington,
Mr. Leach, and Mr. Goodling.
H.R. 2701: Mr. Wamp.
H.R. 2749: Mr. Norwood and Mr. Shuster.
H.R. 2776: Mr. Pickett.
H.R. 2827: Mr. Brown of Ohio.
H.R. 2911: Mr. Manzullo.
H.R. 2986: Mr. Frank of Massachusetts.
H.R. 3002: Mr. Frank of Massachusetts and Mr. Bachus.
H.R. 3052: Mr. Coyne, Mr. Ackerman, and Mr. Pallone.
H.R. 3083: Mr. Tauzin.
H.R. 3118: Ms. Kaptur. Mr. Fazio of California, and Mr.
Rahall.
H.R. 3142: Mr. Stupak and Mr. Mascara.
H.R. 3182: Mr. Hastert and Mr. LaTourette.
H.R. 3187: Mr. Sanders, Mr. Rose, Mr. Spratt, Mr. Frazer,
Mr. Frost, and Mr. Hinchey.
H.R. 3226: Mr. Jacobs, Mr. Noorwood, Mr. Burton of Indiana,
Mr. Frost, Ms. Woolsey, Mr. Green of Texas, Mr. Evans, Mr.
Hoyer, Mrs. Schroeder, Ms. McKinney, Mrs. Mink of Hawaii, Mr.
Torres, and Mr. Lewis of Georgia.
H.R. 3294: Mr. Clement.
H.R. 3337: Mr. Kleczka.
H.R. 3346: Mr. Lewis of Georgia and Mr. Goss.
H.R. 3386: Mr. Duncan and Mr. Manton.
H.R. 3391: Mr. Graham and Mr. Tauzin.
H.R. 3392: Mr. Vento, Ms. Slaughter, and Ms. Norton.
H.R. 3447: Mr. Hayworth, Mr. Funderburk, Mr. McIntosh, Mr.
Neumann, Mr. Metcalf, Mr. Weldon of Florida, and Mr. Horn.
H.R. 3452: Mrs. Fowler and Mr. Bliley.
H.R. 3458: Mr. Weller and Mr. Deal of Georgia.
H.R. 3466: Mr. Kennedy of Massachusetts, Mr. Lewis of
Georgia, and Mr. Watt of North Carolina.
H.R. 3468: Mr. Schaefer, Mr. Inglis of South Carolina, and
Mr. Bryant of Tennessee.
[[Page 1272]]
H.R. 3480: Mr. Hayes, Mr. Barrett of Nebraska, and Mr.
Bereuter.
H.R. 3493: Mr. Weller.
H.R. 3495: Mr. Weller.
H.R. 3506: Mr. Deal of Georgia and Mr. Schaefer.
H. Con. Res 47: Mr. Taylor of North Carolina and Mr. Lazio
of New York.
H. Con. Res. 155: Mr. Dellums.
H. Res. 263: Mr. Skeen, Ms. Lofgren, Ms. McCarthy, and Mr.
Luther.
H. Res. 399: Mr. Watt of North Carolina and Mr. LaFalce.
H. Res. 432: Ms. Woolsey, Mr. Barrett of Wisconsin, Mr.
Moran, Mr. Baldacci, Mr. Minge, and Mr. Mascara.
H. Res. 439: Mr. Portman, Mr. Horn, Mr. Klug, and Mr.
Sanders.
para.63.27 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2740: Mr. Duncan.
H.R. 3024: Ms. McKinney.
.
WEDNESDAY, MAY 29, 1996 (64)
para.64.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Ms. GREENE,
who laid before the House the following communication:
Washington, DC,
May 29, 1996.
I hereby designate the Honorable Enid Greene to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.64.2 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Thursday, May 23, 1996.
Mr. CHABOT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Ms. GREENE, announced that the yeas had it.
Mr. CHABOT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.64.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3179. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Vegetables; Import Regulations; Modification of Regulatory
Time Periods for Imported Onions (Docket No. FV95-980-1FR)
received May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3180. A letter from the Administrator, Cooperative State
Research, Education, and Extension Service, transmitting the
Service's final rule--Rangland Research Grants Program;
Administrative Provisions (Workplan Number: 95-006) received
May 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3181. A letter from the Acting Administrator, Farm Service
Agency, transmitting the Agency's final rule--Wetlands
Reserve Program (RIN: 0560-AE83) received May 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3182. A letter from the General Sales Manager, Foreign
Agricultural Service, transmitting the Service's final rule--
Regulations Governing the Commercial Sales of Agricultural
Commodities (RIN: 0551-AA43) received May 24, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3183. A letter from the Administrator, Foreign Agricultural
Service, transmitting the Service's final rule--7 CFR Part
6--Import Quotas and Fees; Final Rule to Eliminate Certain
Obsolete Subparts (RIN: 0551-AA46) received May 24, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3184. A letter from the Director, Financial Crimes
Enforcement Network; transmitting the Network's final rule--
Amendment to the Bank Secrecy Act Regulations Relating to
Orders for Transmittal of Funds by Financial Institutions (31
CFR Part 103) (RIN: 1506-AA17) received May 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
3185. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the Office's 1995 annual report to
Congress on implementation of the Community Reinvestment Act,
pursuant to 12 U.S.C. 2904; to the Committee on Banking and
Financial Services.
3186. A letter from the Assistant Secretary, Department of
Education, transmitting Final Priority--Training Personnel
for the Education of Individuals with Disabilities Program,
pursuant to 20 U.S.C. 1232(d)(1); to the Committee on
Economic and Educational Opportunities.
3187. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the final priorities contained in the
notice inviting applications for new awards for fiscal year
[FY] 1996--Foreign Language Assistance Grants (State
educational agencies) received May 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
3188. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the final priorities contained in the
notice inviting applications for new awards for fiscal year
[FY] 1996--Foreign Language Assistance Grants (Local
educational agencies) received May 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
3189. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the final funding priority for
Training Personnel for the Education of Individuals with
Disabilities Program--received May 23, 1996, pursuant to 5
U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
3190. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Acquisition
Regulation; Technical Amendments (RIN: 1991-AB27) received
May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3191. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Chlorofluorocarbon
Propellants in Self-Pressurized Containers; Addition to List
of Essential Uses (Docket No. 95P-0088) received May 28,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3192. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to Japan
(Transmittal No. DTC-24-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
3193. A communication from the President of the United
States, transmitting notification that the Federal Republic
of Yugoslavia (Serbia and Montenegro) and the Bosnian Serbs
emergency is to continue in effect beyond May 30, 1996,
pursuant to 50 U.S.C. 1622(d) (H. Doc. No. 104-222); to the
Committee on International Relations and ordered to be
printed.
3194. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List (61 F.R. 10733, 11811, and 14088) received
May 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
3195. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Foreign and Domestic Fishing; Scientific Research
Activity and Exempted Fishing [Docket No. 960222043-6131-01;
I.D. 111595B] received May 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3196. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Ocean Salmon
Fisheries Off the Coasts of Washington, Oregon, and
California; Cape Arago, OR, to Oregon-California Border
[Docket No. 960126016-6121-04; I.D. 051796A] received May 28,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3197. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Nationality Procedures (Bureau of
Consular Affairs) (22 CFR Part 50 Subpart B and C) received
May 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on the Judiciary.
3198. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (34)--Amendment No. 1728 (RIN: 2120-AA65) (1996-
0011) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3199. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (38)--Amendment No. 1727 (RIN: 2120-AA65) (1996-
0010) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3200. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (18)--Amendment No. 1726 (RIN: 2120-AA65) (1996-
0009) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3201. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscella
[[Page 1273]]
neous Amendments (4)--Amendment No. 1731 (RIN: 2120-AA65)
(1996-0012) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3202. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (35)--Amendment No. 1730 (RIN: 2120-AA65) (1996-
0014) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3203. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (38)--Amendment No. 1729 (RIN: 2120-AA65) (1996-
0013) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3204. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revocation of Restricted Area R-5202, Gardiner's Island, NY
(RIN: 2120-AA66) (1996-0022) received May 23, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3205. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class D and Class E Airspace; New England
Region; Correction--Docket No. 95-ANE-60 (RIN: 2120-AA66)
(1996-0026) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3206. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Temporary Prohibition of Oxygen Generators as Cargo in
Passenger Aircraft (RIN: 2137-AC89) received May 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3207. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulated Navigation Area: Boston Harbor, Long Island Bridge,
Boston, MA (RIN: 2115-AE84) received May 23, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3208. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulation: Revision to special local
regulations [CGD01-96-016] (RIN: 2115-AE46) received May 23,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3209. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulation: Swim the Bay, Narragansett Bay,
Narragansett, RI [CGD01-95-170] (RIN: 2115-AE46) received May
23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3210. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulation: Quonset Open House, North
Kingstown, RI [CGD01-96-017] (RIN: 2115-AE46) received May
23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3211. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Petroleum and Special Programs Administration (49 CFR Part
195) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3212. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Restructuring of Cylinder Specifications Requirements (RIN:
2137-AC81) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3213. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Aircraft Limited HP137
MK1, Jetstream Models 3101 and 3201 Airplanes (Docket No. 95-
CE-18-AD) (RIN: 2120-AA64) received May 23, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3214. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Aircraft Limited HP137
MK1, Jetstream Series 200, and Jetstream Model 3101 Airplanes
(Docket No. 95-CE-79-AD) (RIN: 2120-AA64) received May 23,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3215. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft, Inc. Models
PA-28-140, PA-28-150, PA-28-160, and PA-28-180 Airplanes
(Docket No. 95-CE-51-AD) (RIN: 2120-AA64) received May 23,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3216. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A310 and A300-600
Series Airplanes (Docket No. 94-NM-245) (RIN: 2120-AA64)
(1996-0034) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3217. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 747-200, -300, and -
400 Series Airplanes Equipped with General Electric Model
CF6-80C2 PMC and CF6-80C2 FADEC Engines, and Pratt & Whitney
Model PW4000 Engines (Docket No. 95-NM-162-AD) (RIN: 2120-
AA64) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3218. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9 and
Model DC-9-80 Series Airplanes, Model MD-88 Airplanes, and C-
9 (Military) Series Airplanes (Docket No. 95-NM-185-AD) (RIN:
2120-AA64) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3219. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Learjet Model 31 and 35A Airplanes
(Docket No. 95-NM-197-AD) (RIN: 2120-AA64) received May 23,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3220. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland Model DHC-7 Series
Airplanes (Docket No. 95-NM-110-AD) (RIN: 2120-AA64) received
May 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3221. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Industrie Model A300, A300-
600, and A310 Series Airplanes (Docket No. 95-NM-85-AD) (RIN:
2120-AA64) received May 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3222. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Tax
Relief for Those Affected by Operation Joint Endeavor
(Revenue Ruling 96-34) received May 23, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
3223. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Taxpayer Identifying Numbers (TINs) (RIN: 1545-AS83) received
May 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
para.64.4 communication from the clerk--message from the senate
The SPEAKER pro tempore, Ms. GREENE, laid before the House a
communication, which was read as follows:
U.S. House of Representatives,
Washington, DC, May 28, 1996.
Hon. Newt Gingrich,
The Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, May 24, 1996 at
2:00 p.m.: that the Senate passed with amendment H. Con. Res.
178 and requested conference.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.64.5 committees and subcommittees to sit
On motion of Mr. WALKER, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on National Security, the
Committee on Transportation and Infrastructure, and the Permanent Select
Committee on Intelligence.
para.64.6 order of business--consideration of amendments to h.r. 3322
On motion of Mr. WALKER, by unanimous consent,
Ordered, That during consideration of the bill (H.R. 3322) to
authorize appropriations for fiscal year 1997 for civilian science
activities of the Federal Government, and for other purposes, pursuant
to House Resolution 427, following the disposition of the amendment
offered by Mr. Walker or his designee, and specified in House Resolution
427, the following amendments or germane modifications thereof be
considered in the following order, notwithstanding, that the portions of
the bill to be amended have not been read: (1) an amendment offered by
Mr. Schiff regarding National Science Foundation funding; (2) amendment
numbered 3 by Mr. Gekas; (3) amendment numbered 7 by Mr. Thornberry; (4)
amendment numbered 22 by Mr. Traficant; (5) an amendment offered by Mr.
Roemer regarding endocerine disruptors; (6) amendment numbered 2 by Mr.
Cramer; (7) amendment numbered 14 by Ms. Lofgren; and (8) amendment
numbered 8 by Mr. Brown of California, following the disposition of
which the Committee shall resume consideration of the bill
[[Page 1274]]
pursuant to the provisions of House Resolution 427; and
Ordered further, That the Chairman of the Committee of the Whole may
postpone until a time during further consideration in the Committee a
request for a recorded vote on any of these amendments to the bill (or
any amendments thereto); and the Chairman may reduce to not less than
five minutes the time for voting by electronic device on any postponed
question that immediately follows another vote by electronic device
without intervening business, provided that the time for voting by
electronic device on the first of any series of questions shall be not
less than fifteen minutes.
para.64.7 civilian science authorization
The SPEAKER pro tempore, Ms. GREENE, pursuant to House Resolution 427
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3322) to authorize appropriations for fiscal year 1997 for
civilian science activities of the Federal Government, and for other
purposes.
The SPEAKER pro tempore, Ms. GREENE, by unanimous consent, designated
Mr. BURTON as Chairman of the Committee of the Whole; and after some
time spent therein,
para.64.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. LOFGREN:
Page 7, line 6, strike ``$120,000,000'' and insert in lieu
thereof ``$129,100,000''.
Page 7, lines 9 through 16, strike subsection (c).
Page 19, lines 13 through 23, amend section 130 to read as
follows:
SEC. 130. REORGANIZATION.
(a) Plan.--The Director shall carry out a review and
analysis of the organizational structure of the National
Science Foundation for the purpose of developing a plan for
reorganization that will result in reduced administrative
costs, while maintaining the quality and effectiveness of the
Foundation's programs. The plan shall include one or more
options for reorganization of the Foundation, and one option
shall be an organizational structure having fewer than 7
directorates.
(b) Report.--By February 15, 1997, the Director shall
transmit to the Congress a report containing the plan
required by subsection (a). The report shall document the
advantages and disadvantages of each option included in the
plan, provide an estimate of cost savings for each option,
and designate the Director's preferred option.
Amend the table of contents accordingly.
It was decided in the
Yeas
170
<3-line {>
negative
Nays
243
para.64.9 [Roll No. 196]
AYES--170
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Levin
Lewis (GA)
Lipinski
Lofgren
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Woolsey
Wynn
Yates
NOES--243
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCarthy
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--20
Chapman
Conyers
de la Garza
Dingell
Foglietta
Ford
Gunderson
Hayes
Lantos
Lincoln
Lowey
McHugh
Molinari
Peterson (FL)
Pomeroy
Roukema
Solomon
Studds
Torricelli
Young (FL)
So the amendment was not agreed to.
para.64.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. BROWN of California:
Strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science and Technology
Investment Act of 1996''.
TITLE I--NATIONAL SCIENCE FOUNDATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Science Foundation $3,325,000,000 for fiscal year 1997, which
shall be available for the following categories:
(1) Research and Related Activities, $2,472,000,000, which
shall be available for the following subcategories:
(A) Mathematical and Physical Sciences, $708,000,000.
(B) Engineering, $354,300,000.
(C) Biological Sciences, $326,000,000.
(D) Geosciences, $454,000,000.
(E) Computer and Information Science and Engineering,
$277,000,000.
(F) Social, Behavioral, and Economic Sciences,
$124,000,000.
(G) United States Polar Research Programs, $163,400,000.
(H) United States Antarctic Logistical Support Activities,
$62,600,000.
(I) Critical Technologies Institute, $2,700,000.
(2) Education and Human Resources Activities, $619,000,000.
(3) Major Research Equipment, $95,000,000.
(4) Salaries and Expenses, $129,100,000.
(5) Office of Inspector General, $4,700,000.
(6) Headquarters Relocation, $5,200,000.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 201. FISCAL YEAR 1997 AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Aeronautics and Space Admin
[[Page 1275]]
istration for fiscal year 1997 the following amounts:
(1) For ``Human Space Flight'' for the following programs:
(A) Space Station, $1,802,000,000.
(B) United States/Russian Cooperation, $138,200,000.
(C) Space Shuttle, $3,150,900,000, including for
Construction of Facilities relating to the following
programs:
(i) Replacement of LC-39 Pad B Chillers (KSC), $1,800,000.
(ii) Restoration of Pad B Fixed Support Structure Elevator
System (KSC), $1,500,000.
(iii) Rehabilitation of 480V Electrical Distribution
System, Kennedy Space Center, External Tank Manufacturing
Building (MAF), $2,500,000.
(iv) Restoration of High Pressure Industrial Water Plant,
Stennis Space Center, $2,500,000.
(D) Payload and Utilization Operations, $271,800,000.
(2) For ``Science, Aeronautics, and Technology'' for the
following programs:
(A) Space Science, $1,857,300,000.
(B) Life and Microgravity Sciences and Applications,
$498,500,000.
(C) Mission to Planet Earth, $1,402,100,000.
(D) Aeronautical Research and Technology, $857,800,000, of
which $5,000,000 shall be for the identification and
upgrading of national dual-use airbreathing propulsion
aeronautical test facilities.
(E) Space Access and Technology, $725,000,000
(F) Academic Programs, $100,800,000.
(G) Mission Communication Services, $420,600,000.
(3) For ``Mission Support'' for the following programs:
(A) Safety, Reliability, and Quality Assurance,
$36,700,000.
(B) Space Communication Services, $291,400,000.
(C) Construction of Facilities, including land acquisition,
including the following:
(i) Modernization of Electrical Distribution System, Ames
Research Center, $2,400,000.
(ii) Modification of Aircraft Ramp and Tow Way, Dryden
Flight Research Center, $3,000,000.
(iii) Restoration of Hangar Building 4801, Dryden Flight
Research Center, $4,500,000.
(iv) Modernization of Secondary Electrical Systems, Goddard
Space Flight Center, $1,500,000.
(v) Restoration of Chilled Water Distribution System,
Goddard Space Flight Center, $4,000,000.
(vi) Modification of Refrigeration Systems, Various
Buildings, Jet Propulsion Laboratory, $2,800,000.
(vii) Rehabilitation of Electrical Distribution System,
White Sands Test Facility, Johnson Space Center, $2,600,000.
(viii) Rehabilitation of Utility Tunnel Structure and
System, Johnson Space Center, $4,400,000.
(ix) Replacement of DX Units with Central Chilled Water
System, Logistics Facility, Kennedy Space Center, $1,800,000.
(x) Rehabilitation of Central Air Equipment Building, Lewis
Research Center, $6,500,000.
(xi) Modification of Chilled Water System, Marshall Space
Flight Center, $6,700,000.
(xii) Rehabilitation of Condenser Water System, 202/207
Complex (MAF), $2,100,000.
(xiii) Minor Revitalization of Facilities at Various
Locations, not in excess of $1,500,000 per project,
$57,900,000.
(xiv) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$1,500,000 per project, $3,400,000.
(xv) Facility planning and design, not otherwise provided
for, $18,700,000.
(xvi) Environmental compliance and restoration,
$33,000,000.
(D) Research and Program Management, $2,078,800,000.
(4) For ``Inspector General'', $17,000,000.
SEC. 202. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENT.
Section 102(d)(1) of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2451(d)(1)) is amended by inserting ``and
its climate and environment,'' after ``knowledge of the
Earth''.
TITLE III--DEPARTMENT OF ENERGY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Energy Research and
Development Act of 1996''.
SEC. 302. FINDINGS.
The Congress finds that--
(1) Federal support of research and development in general,
and energy research and development in particular, has played
a key role in the growth of the United States economy since
World War II through the production of new knowledge, the
development of new technologies and processes, and the
demonstration of such new technologies and processes for
application to industrial and other uses;
(2) Federal support of energy research and development is
especially important because such research and development
contributes to solutions for national problems in energy
security, environmental protection, and economic
competitiveness;
(3) the Department of Energy has successfully promoted new
technologies and processes to address problems with energy
supply, fossil energy, and energy conservation through its
various research and development programs;
(4) while the Federal budget deficit and payments on the
national debt must be addressed through cost-cutting
measures, investments in research and development on key
energy issues must be maintained;
(5) within the last two years, the Department of Energy has
made great strides in managing its programs more efficiently
and effectively;
(6) significant savings should result from these measures
without hampering the Department's core missions; and
(7) the Strategic Realignment Initiative and other such
efforts of the Department should be continued.
SEC. 303. DEFINITIONS.
For purposes of this title--
(1) the term ``Department'' means the Department of Energy;
and
(2) the term ``Secretary'' means the Secretary of Energy.
SEC. 304. ENERGY CONSERVATION.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for energy conservation research,
development, and demonstration--
(1) $99,721,000 for energy conservation in building
technology, State, and community sector-nongrant;
(2) $159,434,000 for energy conservation in the industry
sector;
(3) $221,308,000 for energy conservation in the
transportation sector; and
(4) $28,350,000 for policy and management activities.
SEC. 305. FOSSIL ENERGY.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for fossil energy research, development,
and demonstration--
(1) $102,629,000 for coal;
(2) $52,537,000 for petroleum;
(3) $103,708,000 for gas;
(4) $4,000,000 for the Fossil Energy Cooperative Research
and Development Program;
(5) $2,188,000 for fuel conversion, natural gas, and
electricity;
(6) $60,115,000 for program direction and management;
(7) $3,304,000 for plant and capital improvements;
(8) $15,027,000 for environmental restoration; and
(9) $5,000,000 for mining.
SEC. 306. HIGH ENERGY AND NUCLEAR PHYSICS.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for high energy and nuclear physics
activities of the Department--
(1) $679,125,000 for high energy physics activities;
(2) $318,425,000 for nuclear physics activities; and
(3) $11,600,000 for program direction.
SEC. 307. SOLAR AND RENEWABLE ENERGY.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for solar and renewable energy research,
development, and demonstration--
(1) $263,282,000 for solar energy;
(2) $35,600,000 for geothermal energy;
(3) $11,012,000 for hydrogen energy;
(4) $17,301,000 for policy and management;
(5) $36,050,000 for electric energy systems and storage;
and
(6) $5,700,000 for in-house energy management.
SEC. 308. NUCLEAR ENERGY.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for nuclear energy research,
development, and demonstration--
(1) $137,750,000 for nuclear energy, including $40,000,000
for the Advanced Light Water Reactor program;
(2) $79,100,000 for the termination of certain facilities;
(3) $12,704,000 for isotope support; and
(4) $18,500,000 for program direction.
SEC. 309. ENVIRONMENT, SAFETY, AND HEALTH.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for research, development, and
demonstration--
(1) $73,160,000 for the Office of Environmental Safety and
Health; and
(2) $39,046,000 for program direction.
SEC. 310. ENERGY RESEARCH DIRECTORATE.
(a) Authorizations.--There are authorized to be
appropriated to the Secretary for fiscal year 1997--
(1) $379,075,000 for biological and environmental research
activities;
(2) $255,600,000 for fusion energy research, development,
and demonstration;
(3) $653,675,000 for basic energy sciences activities, of
which $1,000,000 shall be for planning activities for neutron
source upgrades; and
(4) $158,143,000 for computational and technology research.
(b) Report to Congress.--Before May 1, 1997, the Secretary,
after consultation with the relevant scientific communities,
shall prepare and transmit to the Congress a report detailing
a strategic plan for the operation of facilities that are
provided funds authorized by subsection (a)(3). The report
shall include--
(1) a list of such facilities, including schedules for
continuation, upgrade, transfer, or closure of each facility;
(2) a list of proposed facilities to be provided funds
authorized by subsection (a)(3), including schedules for the
construction and operation of each facility;
(3) a list of research opportunities to be pursued,
including both ongoing and proposed activities, by the
research activities authorized by subsection (a)(3); and
(4) an analysis of the relevance of each facility listed in
paragraphs (1) and (2) to the research opportunities listed
in paragraph (3).
[[Page 1276]]
SEC. 311. SUPPORT PROGRAMS FOR ENERGY SUPPLY RESEARCH AND
DEVELOPMENT.
There are authorized to be appropriated to the Secretary
for fiscal year 1997 for support programs for Energy Supply
Research and Development--
(1) $2,000,000 for Energy Research Analyses;
(2) $28,885,000 for the Multi-Program Energy Laboratory
program;
(3) $14,900,000 for the Information Management Investment
program;
(4) $42,154,000 for program direction;
(5) $19,900,000 for University and Science Education
programs;
(6) $12,000,000 for the Technology Information Management
Program; and
(7) $651,414,000 for Civilian Environmental Restoration and
Waste Management.
TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Oceanic and
Atmospheric Administration Authorization Act of 1996''.
SEC. 402. POLICY AND PURPOSE.
It is the policy of the United States and the purpose of
this title to--
(1) support and promote continuing the mission of the
National Oceanic and Atmospheric Administration to monitor,
describe and predict changes in the Earth's environment,
protect lives and property, and conserve and manage the
Nation's coastal and marine resources to ensure sustainable
economic opportunities;
(2) affirm that such mission involves basic
responsibilities of the Federal Government for ensuring
general public safety, national security, and environmental
well-being, and promising economic growth;
(3) affirm that the successful execution of such mission
depends strongly on interdependency and synergism among
component activities of the National Oceanic and Atmospheric
Administration;
(4) recognize that the activities of the National Oceanic
and Atmospheric Administration underlie the societal and
economic well-being of many sectors of our Nation; and
(5) recognize that such mission is most effectively
performed by a single Federal agency with the capability to
link societal and economic decisions with a comprehensive
understanding of the Earth's environment, as provided for in
this title.
SEC. 403. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce to enable the National Oceanic and Atmospheric
Administration to carry out the operations and research
activities of the National Weather Service $471,702,000 for
fiscal year 1997.
SEC. 404. NATIONAL WEATHER SERVICE SYSTEMS ACQUISITION.
(a) Authorization.--There are authorized to be appropriated
to the Secretary of Commerce to enable the National Oceanic
and Atmospheric Administration to improve its public warning
and forecast systems $68,984,000 for fiscal year 1997. None
of the funds authorized under this section may be used for
the purposes for which funds are authorized under section
102(b) of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102-567).
(b) AWIPS Complete Program Authorization.--(1) Except as
provided in paragraph (2), there are authorized to be
appropriated to the Secretary for all fiscal years beginning
after September 30, 1996, an aggregate of $271,166,000, to
remain available until expended, to complete the acquisition
and deployment of the Advanced Weather Interactive Processing
System and NOAA Port and to cover all associated activities,
including program management and operations and maintenance
through September 30, 1999.
(2) No funds are authorized to be appropriated for any
fiscal year under paragraph (1) unless, within 60 days after
the submission of the President's budget request for such
fiscal year, the Secretary--
(A) certifies to the Congress that--
(i) the systems meet the technical performance
specifications included in the system contract as in effect
on August 11, 1995;
(ii) the systems can be fully deployed, sited, and
operational without requiring further appropriations beyond
amounts authorized under paragraph (1); and
(iii) the Secretary does not foresee any delays in the
systems deployment and operations schedule; or
(B) submits to the Congress a report which describes--
(i) the circumstances which prevent a certification under
subparagraph (A);
(ii) remedial actions undertaken or to be undertaken with
respect to such circumstances;
(iii) the effects of such circumstances on the systems
deployment and operations schedule and systems coverage; and
(iv) a justification for proceeding with the program, if
appropriate.
(c) Repeal.--Section 102(b)(2) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 is
repealed.
SEC. 405. WEATHER SERVICE MODERNIZATION.
(a) Weather Service Modernization.--The Weather Service
Modernization Act (15 U.S.C. 313 note) is amended--
(1) in section 706--
(A) by amending subsection (b) to read as follows:
``(b) Certification.--The Secretary may not close,
consolidate, automate, or relocate any field office unless
the Secretary has certified to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science of the House of Representatives that such action
will not result in degradation of services to the affected
area. Such certification shall be in accordance with the
modernization criteria established under section 704.'';
(B) by striking subsections (c), (d), and (e);
(C) by redesignating subsection (f) as subsection (d); and
(D) by inserting after subsection (b) the following new
subsection:
``(c) Special Circumstances.--The Secretary may not close
or relocate any field office which is located at an airport,
unless the Secretary, in consultation with the Secretary of
Transportation and the Committee, first conducts an air
safety appraisal, determines that such action will not result
in degradation of service that affects aircraft safety, and
includes such determination in the certification required
under subsection (b). This air safety appraisal shall be
issued jointly by the Department of Commerce and the
Department of Transportation before September 30, 1996, and
shall be based on a coordinated review of all the airports in
the United States subject to the certification requirements
of subsection (b). The appraisal shall--
``(1) consider the weather information required to safely
conduct aircraft operations and the extent to which such
information is currently derived through manual observations
provided by the National Weather Service and the Federal
Aviation Administration, and automated observations provided
from other sources including the Automated Weather
Observation Service (AWOS), the Automated Surface Observing
System (ASOS), and the Geostationary Operational
Environmental Satellite (GOES); and
``(2) determine whether the service provided by ASOS, and
ASOS augmented where necessary by human observations,
provides the necessary level of service consistent with the
service standards encompassed in the criteria for automation
of the field offices.''; and
(2) in section 707--
(A) by amending subsection (c) to read as follows:
``(c) Duties.--The Committee shall advise the Congress and
the Secretary on--
``(1) the implementation of the Strategic Plan, annual
development of the Plan, and establishment and implementation
of modernization criteria; and
``(2) matters of public safety and the provision of weather
services which relate to the comprehensive modernization of
the National Weather Service.''; and
(B) by amending subsection (f) to read as follows:
``(f) Termination.--The Committee shall terminate--
``(1) on September 30, 1996; or
``(2) 90 days after the deadline for public comment on the
modernization criteria for closure certification published in
the Federal Register pursuant to section 704(b)(2),
whichever occurs later.''.
(b) Sense of Congress Regarding Additional Modernization
Activities.--It is the sense of Congress that the Secretary
of Commerce should plan for the implementation of a follow-on
modernization program aimed at improving weather services
provided to areas which do not receive weather radar coverage
at 10,000 feet. In carrying out such a program, the Secretary
should plan for a procurement of Block II NEXRAD radar units.
SEC. 406. BASIC FUNCTIONS AND PRIVATIZATION OF NATIONAL
WEATHER SERVICE .
(a) Basic Functions.--The basic functions of the National
Weather Service shall be--
(1) the provision of forecasts and warnings including
forecasts and warnings, of severe weather, flooding,
hurricanes, and tsunami events;
(2) the collection, exchange, and distribution of
meteorological, hydrologic, climatic, and oceanographic data
and information; and
(3) the preparation of hydrometeorological guidance and
core forecast information.
(b) Prohibition.--The National Weather Service shall not
provide any new or enhanced weather services for the sole
benefit of an identifiable private entity or group of such
entities operating in any sector of the national or
international economy in competition with the private weather
service industry.
(c) New or Enhanced Service.--If the Secretary determines,
after consultation with appropriate Federal and State
officials, that a new or enhanced weather service is
necessary and in the public interest to fulfill the
international obligations of the United States, to enable
State or Federal emergency or resource managers to better
perform their State or Federal duties, or to carry out the
functions of the National Weather Service described in
subsection (a), the National Weather Service may provide such
new or enhanced service as one of its basic functions if--
(1) each new or enhanced service provided by the National
Weather Service will be limited to the level that the
Secretary determines necessary to fulfill the requirements of
this subsection, taking into account the capabilities and
limitations of resources available, scientific knowledge, and
technological capability of the National Weather Service; and
(2) upon request, the National Weather Service will
promptly make available to any person the data or data
products supporting the new or enhanced service provided
pursuant to this section, at a cost not greater than that
sufficient to recover the cost of dissemination.
(d) Federal Register.--The Secretary shall promptly publish
in the Federal Reg
[[Page 1277]]
ister each determination made under subsection (c).
(e) Privatization Review.--The Secretary shall, by February
15, 1997, conduct a review of all existing weather services
and activities performed by the National Oceanic and
Atmospheric Administration in order to identify those
activities which may be transferred to the private sector.
Such review shall include a determination that activities
identified for privatization will continue to be disseminated
to users on a reasonably affordable basis with no degradation
of service. The Secretary shall, by March 15, 1997, provide
to the Speaker of the House of Representatives and the
President of the Senate a plan for transferring these
identified services to the private sector.
SEC. 407. CLIMATE AND AIR QUALITY RESEARCH.
(a) Authorization.--There are authorized to be appropriated
to the Secretary of Commerce to enable the National Oceanic
and Atmospheric Administration to carry out its climate and
air quality research activities $122,681,000 for fiscal year
1997.
(b) GLOBE.--Of the amount authorized in subsection (a),
$7,000,000 are authorized for fiscal year 1997 for a program
to increase scientific understanding of the Earth and student
achievement in math and science by using a worldwide network
of schools to collect environmental observations. Beginning
in fiscal year 1997, amounts appropriated for such program
may be obligated only to the extent that an equal or greater
amount of non-Federal funding is provided for such program.
SEC. 408. ATMOSPHERIC RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce to enable the National Oceanic and Atmospheric
Administration to carry out its atmospheric research
activities $43,766,000 for fiscal year 1997.
SEC. 409. SATELLITE OBSERVING AND ENVIRONMENTAL DATA
MANAGEMENT SYSTEMS.
(a) Authorization.--There are authorized to be appropriated
to the Secretary of Commerce to enable the National Oceanic
and Atmospheric Administration to carry out its satellite
observing systems activities and data and information
services, $348,740,000 for fiscal year 1997, and, in
addition, such sums as may be necessary to continue planning
and development of a converged polar orbiting meteorological
satellite program. None of the funds authorized in this
subsection may be used for the purposes for which funds are
authorized under section 105(d) of the National Oceanic and
Atmospheric Administration Act of 1992 (Public Law 102-567).
(b) Repeal.--Section 105(d)(2) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 is
repealed.
SEC. 410. PROGRAM SUPPORT.
(a) Executive Direction and Administrative Activities.--
There are authorized to be appropriated to the Secretary of
Commerce to enable the National Oceanic and Atmospheric
Administration to carry out executive direction and
administrative activities, including management,
administrative support, provision of retired pay of National
Oceanic and Atmospheric Administration commissioned officers,
and policy development, $64,694,000 for fiscal year 1997.
(b) Acquisition, Construction, Maintenance, and Operation
of Facilities.--There are authorized to be appropriated to
the Secretary of Commerce for acquisition, construction,
maintenance, and operation of facilities of the National
Oceanic and Atmospheric Administration $37,366,000 for fiscal
year 1997.
(c) Aircraft Services.--There are authorized to be
appropriated to the Secretary of Commerce to enable the
National Oceanic and Atmospheric Administration to carry out
aircraft services activities, including aircraft operations,
maintenance, and support, $10,182,000 for fiscal year 1997.
SEC. 411. EDUCATIONAL PROGRAMS AND ACTIVITIES.
The Secretary of Commerce may conduct educational programs
and activities related to the responsibilities of the
National Oceanic and Atmospheric Administration. For the
purposes of this section, the Secretary may award grants and
enter into cooperative agreements and contracts with States,
private sector, and nonprofit entities.
TITLE V--ENVIRONMENTAL PROTECTION AGENCY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Environmental Research,
Development, and Demonstration Authorization Act of 1996''.
SEC. 502. DEFINITIONS.
For the purposes of this title, the term--
(1) ``Administrator'' means the Administrator of the
Environmental Protection Agency;
(2) ``Agency'' means the Environmental Protection Agency;
and
(3) ``Assistant Administrator'' means the Assistant
Administrator for Research and Development of the Agency.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Administrator $580,460,000 for fiscal year 1997 for the
Office of Research and Development for environmental
research, development, and demonstration activities,
including program management and support, in the areas
specified in subsection (b).
(b) Specific Programs and Activities.--Of the amount
authorized in subsection (a), there are authorized to be
appropriated the following:
(1) For air related research, $88,163,200.
(2) For water quality related research, $26,293,800.
(3) For drinking water related research, $26,593,700.
(4) For pesticide related research, $20,632,000.
(5) For toxic chemical related research, $12,341,500.
(6) For research related to hazardous waste, $10,343,900.
(7) For multimedia related research expenses, $300,837,000.
(8) For program management expenses, $8,184,700.
(9) For research related to leaking underground storage
tanks, $681,000.
(10) For oil pollution related research, $1,031,000.
(11) For environmental research laboratories, $85,358,200.
(c) Contingent Authorization for Research Relating to the
Cleanup of Contaminated Sites.--To the extent that the
Hazardous Substances Trust Fund is authorized to receive
funds during fiscal year 1997, there are authorized to be
appropriated for that fiscal year $42,508,000 from such Fund
to the Administrator for research relating to the cleanup of
contaminated sites.
TITLE VI--TECHNOLOGY
SEC. 601. SHORT TITLE.
This title may be cited as the ``Technology Administration
Authorization Act of 1996''.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
(a) Under Secretary for Technology.--There are authorized
to be appropriated to the Secretary of Commerce for the
activities of the Under Secretary for Technology/Office of
Technology Policy $9,531,000 for fiscal year 1997.
(b) National Institute of Standards and Technology.--There
are authorized to be appropriated to the Secretary of
Commerce for the National Institute of Standards and
Technology for fiscal year 1997 the following amounts:
(1) For Industrial Technology Services, $450,000,000, of
which--
(A) $345,000,000 shall be for the Advanced Technology
Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n); and
(B) $105,000,000 shall be for the Manufacturing Extension
Partnerships program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and
278l).
(2) For Scientific and Technical Research and Services,
$270,744,000, of which--
(A) $267,764,000 shall be for Laboratory Research and
Services; and
(B) $2,980,000 shall be for the Malcolm Baldrige National
Quality Award program under section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a).
(3) For Construction of Research Facilities, $105,240,000.
SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT
AMENDMENTS.
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended--
(1) in section 25(c)--
(A) by striking ``for a period not to exceed six years'' in
paragraph (1); and
(B) by striking ``which are designed'' and all that follows
through ``operation of a Center'' in paragraph (5) and
inserting in lieu thereof ``to a maximum of \1/3\ Federal
funding. Each Center which receives financial assistance
under this section shall be evaluated during its sixth year
of operations, and at least once each two years thereafter as
the Secretary considers appropriate, by an evaluation panel
appointed by the Secretary in the same manner as was the
evaluation panel previously appointed. The Secretary shall
not provide funding for additional years of the Center's
operation unless the most recent evaluation is positive and
the Secretary finds that continuation of funding furthers the
purposes of this section''; and
(2) in section 28--
(A) by striking ``or contracts'' in subsection (b)(1)(B),
and inserting in lieu thereof ``contracts, and, subject to
the last sentence of this subsection, other transactions'';
(B) by inserting ``and if the non-Federal participants in
the joint venture agree to pay at least 50 percent of the
total costs of the joint venture during the Federal
participation period, which shall not exceed 5 years,'' after
``participation to be appropriate,'';
(C) by striking ``provision of a minority share of the cost
of such joint ventures for up to 5 years, and (iii)'' in
subsection (b)(1)(B), and inserting in lieu thereof ``and'';
(D) by striking ``and cooperative agreements'' in
subsection (b)(2), and inserting in lieu thereof ``,
cooperative agreements, and, subject to the last sentence of
this subsection, other transactions'';
(E) by adding after subsection (b)(4) the following:
``The authority under paragraph (1)(B) and paragraph (2) to
enter into other transactions shall apply only if the
Secretary, acting through the Director, determines that
standard contracts, grants, or cooperative agreements are not
feasible or appropriate, and only when other transaction
instruments incorporate terms and conditions that reflect the
use of generally accepted commercial accounting and auditing
practices.''; and
(F) by adding at the end the following new subsection:
``(k) Notwithstanding subsection (b)(1)(B)(ii) and
subsection (d)(3), the Direc
[[Page 1278]]
tor may grant extensions beyond the deadlines established
under those subsections for joint venture and single
applicant awardees to expend Federal funds to complete their
projects, if such extension may be granted with no additional
cost to the Federal Government and it is in the Federal
Government's interest to do so.''.
TITLE VII--UNITED STATES FIRE ADMINISTRATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Fire Administration
Authorization Act of 1996''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2216(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) $27,560,000 for the fiscal year ending September 30,
1997.''.
TITLE VIII--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
SEC. 801. AVIATION RESEARCH AUTHORIZATION.
Section 48102(a) of title 49, United States Code, is
amended--
(1) by striking ``Not more than the following amounts'' and
inserting in lieu thereof ``For fiscal year 1997, not more
than $195,700,000 for Research, Engineering, and
Development'';
(2) by inserting ``40119, 44912,'' after ``carry out
sections''; and
(3) by striking ``of this title'' and all that follows
through the end of the subsection and inserting in lieu
thereof ``of this title''.
SEC. 802. RESEARCH PRIORITIES.
Section 48102(b) of title 49, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``Availability for Research.--(1)'' and
inserting in lieu thereof ``Research Priorities.--(1) The
Administrator shall consider the advice and recommendations
of the research advisory committee established by section
44508 of this title in establishing priorities among major
categories of research and development activities carried out
by the Federal Aviation Administration.
``(2)''.
SEC. 803. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) of title 49, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) annually review the allocation made by the
Administrator of the amounts authorized by section 48102(a)
of this title among the major categories of research and
development activities carried out by the Administration and
provide advice and recommendations to the Administrator on
whether such allocation is appropriate to meet the needs and
objectives identified under subparagraph (A).''.
SEC. 804. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) of title 49, United States Code, is
amended--
(1) in paragraph (2)(A) by striking ``15-year'' and
inserting in lieu thereof ``5-year'';
(2) by amending subparagraph (B) to read as follows:
``(B) The plan shall--
``(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research
and development project under sections 40119, 44504, 44505,
44507, 44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with
other Federal departments and agencies;
``(ii) specify the goals and the priorities for allocation
of resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
``(iii) identify the allocation of resources among long-
term research, near-term research, and development
activities; and
``(iv) highlight the research and development activities
that address specific recommendations of the research
advisory committee established under section 44508 of this
title, and document the recommendations of the committee that
are not accepted, specifying the reasons for
nonacceptance.''; and
(3) in paragraph (3) by inserting ``, including a
description of the dissemination to the private sector of
research results and a description of any new technologies
developed'' after ``during the prior fiscal year''.
TITLE IX--NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7706) is amended--
(1) in subsection (a)(7) by striking ``and $25,750,000 for
the fiscal year ending September 30, 1996'' and inserting in
lieu thereof ``$25,750,000 for the fiscal year ending
September 30, 1996, and $18,825,000 for the fiscal year
ending September 30, 1997'';
(2) in subsection (b) by striking ``and $50,676,000 for the
fiscal year ending September 30, 1996'' and inserting in lieu
thereof ``$50,676,000 for the fiscal year ending September
30, 1996, and $46,130,000 for the fiscal year ending
September 30, 1997'';
(3) in subsection (c) by adding at the end the following
new sentence: ``There are authorized to be appropriated, out
of funds otherwise authorized to be appropriated to the
National Science Foundation, $28,400,000 for fiscal year
1997, including $17,500,000 for engineering research and
$10,900,000 for geosciences research.''; and
(4) in subsection (d) by adding at the end the following
new sentence: ``There are authorized to be appropriated, out
of funds otherwise authorized to be appropriated to the
National Institute of Standards and Technology, $1,932,000
for fiscal year 1997.''.
It was decided in the
Yeas
176
<3-line {>
negative
Nays
235
para.64.11 [Roll No. 197]
AYES--176
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Coyne
Cramer
Cummings
Danner
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Levin
Lewis (GA)
Lofgren
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--235
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
[[Page 1279]]
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--22
Bilbray
Chenoweth
Coleman
Conyers
de la Garza
Dingell
Foglietta
Ford
Gunderson
Hayes
Lantos
Largent
Lincoln
Lowey
McHugh
Molinari
Peterson (FL)
Pomeroy
Roukema
Studds
Torricelli
Young (FL)
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. DREIER, assumed the Chair.
When Mr. BURTON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.64.12 white house travel office
Mr. CLINGER, by direction of the Committee on Government Reform and
Oversight, submitted a privileged report (Rept. No. 104-598) on a
resolution providing proceedings against John M. Quinn, David Watkins,
and Matthew Moore, pursuant to title 2, United States Code, sections 192
and 194; which report was referred to the House Calendar and ordered
printed.
para.64.13 civilian science authorization
The SPEAKER pro tempore, Mr. DREIER, pursuant to House Resolution 427
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3322) to authorize appropriations for fiscal year 1997
for civilian science activities of the Federal Government, and for other
purposes.
Mr. BURTON, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.64.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. EHLERS:
Page 20, lines 1 through 10, strike section 131. Amend the
table of contents accordingly.
Yeas
339
It was decided in the
Nays
58
<3-line {>
affirmative
Answered present
1
para.64.15 [Roll No. 198]
AYES--339
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Greene (UT)
Greenwood
Gutierrez
Hamilton
Hancock
Hansen
Hastings (WA)
Hayworth
Hefner
Heineman
Hinchey
Hobson
Hoekstra
Hoke
Holden
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHugh
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornton
Thurman
Torkildsen
Traficant
Upton
Velazquez
Vento
Visclosky
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOES--58
Baker (LA)
Barton
Bentsen
Bilbray
Boehlert
Bryant (TX)
Burr
Burton
Calvert
Clayton
Clyburn
Coburn
Collins (MI)
DeLay
Frost
Funderburk
Geren
Graham
Green (TX)
Gutknecht
Hall (TX)
Harman
Hastings (FL)
Hefley
Hilleary
Hilliard
Hostettler
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones
Kim
Largent
Lipinski
McHale
McInnis
McKinney
Meek
Meyers
Millender-McDonald
Owens
Parker
Payne (VA)
Rohrabacher
Salmon
Schiff
Stearns
Stockman
Thompson
Thornberry
Tiahrt
Torres
Towns
Volkmer
Waters
Weldon (FL)
Weldon (PA)
Zimmer
ANSWERED ``PRESENT''--1
DeFazio
NOT VOTING--35
Bonilla
Brewster
Conyers
de la Garza
Dingell
Dooley
Foglietta
Ford
Gibbons
Gilman
Gunderson
Hall (OH)
Hastert
Hayes
Herger
Horn
Istook
LaFalce
Lantos
Leach
Lincoln
Lowey
McDade
Molinari
Peterson (FL)
Pomeroy
Roth
Roukema
Skeen
Stark
Studds
Torricelli
Vucanovich
Wilson
Young (FL)
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. KINGSTON, assumed the Chair.
When Mr. BURTON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.64.16 providing for the consideration of h.r. 3517
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-599) the resolution (H. Res. 442) providing for consideration of
the bill (H.R. 3517) making appropriations for military construction,
family housing, and base realignment and closure for the Department of
Defense for the fiscal year ending September 30, 1997, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.64.17 foreign aid appropriations
Mr. CALLAHAN submitted a privileged report (Rept. No. 104-600) on the
bill (H.R. 3540) making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending September 30,
1997, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.64.18 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. KINGSTON, pursuant to clause 5, rule
[[Page 1280]]
I, announced the unfinished business to be the question on agreeing to
the Chair's approval of the Journal of Thursday, May 23, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
So the Journal was approved.
para.64.19 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following days present to the President, for his
approval, bills of the House of the following title:
May 22, 1996:
H.R. 2066. An Act to amend the National School Lunch Act to
provide greater flexibility to schools to meet the Dietary
Guidelines for Americans under the school lunch and school
breakfast programs.
May 23, 1996:
H.R. 1965. An Act to reauthorize the Coastal Zone
Management Act of 1972, and for other purposes.
para.64.20 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. POMEROY, for today;
To Mrs. ROUKEMA, for today and May 30; and
To Ms. MOLINARI, for today and balance of the week.
And then,
para.64.21 adjournment
On motion of Mr. ROHRABACHER, at 10 o'clock and 32 minutes p.m., the
House adjourned.
para.64.22 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CANADY: Committee on the Judiciary. H.R. 3235. A bill
to amend the Ethics in Government Act of 1978, to extend the
authorization of appropriations for the Office of Government
Ethics for 3 years, and for other purposes (Rept. No. 104-595
Pt. 1). Referred to the Committee of the Whole House on the
State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 1036. A bill to amend the Metropolitan
Washington Airports Act of 1986 to direct the President to
appoint additional members to the board of directors of the
Metropolitan Washington Airports Authority, to replace the
Board of Review of the Airports Authority with a Federal
Advisory Commission, and for other purposes; with an
amendment (Rept. No. 104-596). Referred to the Committee of
the Whole House of the State of the Union.
Mr. HYDE: Committee on the Judiciary. H.R. 2977. A bill to
reauthorize alternative means of dispute resolution in the
Federal administrative process, and for other purposes (Rept.
No. 104-597). Referred to the Committee of the Whole House on
the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Proceedings Against John M. Quinn, David Watkins, and Matthew
Moore (Rept. No. 104-598). Referred to the House Calendar.
Mr. QUILLEN: Committee on Rules. House Resolution 442.
Resolution providing for consideration of the bill (H.R.
3517) making appropriations for military construction, family
housing, and base realignment and closure for the Department
of Defense for the fiscal year ending September 30, 1997, and
for other purposes (Rept. No. 104-599). Referred to the House
Calendar.
Mr. CALLAHAN: Committee on Appropriations. H.R. 3540. A
bill making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
600). Referred to the Committee of the Whole House on the
State of the Union.
para.64.23 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3235. Referral to the Committee on Government Reform
and Oversight extended for a period ending not later than May
29, 1996.
para.64.24 discharge of committee
Pursuant to clause 5 of rule X the Committee on Government Reform and
Oversight discharged from further consideration. H.R. 3235 referred to
the Committee of the Whole House on the State of the Union.
para.64.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DUNCAN (for himself, Mr. Shuster, Mr. Oberstar,
Mr. Lipinski, and Mr. Heineman):
H.R. 3536. A bill to amend title 49, United States Code, to
require an air carrier to request and receive certain records
before allowing an individual to begin service as a pilot,
and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. SAXTON:
H.R. 3537. A bill to improve coordination of Federal
Oceanographic programs; to the Committee on Resources, and in
addition to the Committee on National Security, and Science,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. FILNER:
H.R. 3538. A bill to amend title 38, United States Code, to
clarify the conditions under which an action may be brought
against a State to enforce veterans' reemployment rights, and
for other purposes; to the Committee on Veterans' Affairs.
By Mr. SHUSTER (for himself, Mr. Duncan, Mr. Oberstar,
and Mr. Lipinski):
H.R. 3539. A bill to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes; to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Ways
and Means, and Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. CALLAHAN:
H.R. 3540. A bill making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1997, and for other
purposes.
By Mr. ALLARD:
H.R. 3541. A bill to provide for an exchange of lands with
the city of Greeley, CO, and The Water Supply and Storage Co.
to eliminate private inholdings in wilderness areas, to cause
instream flows to be created above a wild and scenic river,
to eliminate potential development on private inholdings
within the forest boundary, to reduce the need for future
water reservoirs, to reduce the number of Federal land use
authorizations, and to improve the security of the water
supply of the city and the company, and for other purposes;
to the Committee on Resources.
By Mr. BAKER of Louisiana:
H.R. 3542. A bill to amend title 38, United States Code, to
allow dependency and indemnity compensation to be paid under
certain circumstances to former spouses of veterans dying
from service-connected disabilities; to the Committee on
Veterans' Affairs.
By Ms. DUNN of Washington (for herself, Mr. Istook, Mr.
Jacobs, and Mr. English of Pennsylvania):
H.R. 3543. A bill to provide for congressional election
campaign accountability, and for other purposes; to the
Committee on House Oversight, and in addition to the
Committees on Government Reform and Oversight, and Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. FATTAH (for himself, Mr. Doyle, Mr. Hastings of
Florida, Mr. Laughlin, Ms. Norton, Mr. Towns, and Mr.
Green of Texas):
H.R. 3544. A bill to provide for transition for new Members
of the House of Representatives; to the Committee on House
Oversight.
By Mr. FORBES:
H.R. 3545. A bill for the relief of the survivors of the
late Secretary of Commerce Ronald H. Brown and the survivors
of each Federal employee killed in the plane crash with him;
to the Committee on the Judiciary.
By Mr. GRAHAM:
H.R. 3546. A bill to direct the Secretary of the Interior
to convey the Walhalla National Fish Hatchery to the State of
South Carolina; to the Committee on Resources.
By Mr. HAYWORTH:
H.R. 3547. A bill to provide for the conveyance of a parcel
of real property in the Apache National Forest in the State
of Arizona to the Alpine Elementary School District 7 to be
used for the construction of school facilities and related
playing fields; to the Committee on Resources.
By Mr. KLUG (for himself, Mr. Condit, Mr. Peterson of
Minnesota, and Mr. Tauzin):
H.R. 3548. A bill to amend title 23, United States Code, to
eliminate penalties for noncompliance by States with
requirements relating to the national minimum drinking age;
to the Committee on Transportation and Infrastructure.
By Mr. LONGLEY (for himself, Mr. Baldacci, and Mr.
Zeliff):
H.R. 3549. A bill to amend title 23, United States Code, to
allow trucks weighing between 80,000 and 100,000 pounds to
operate on that portion of the Maine Turnpike which is now
limited to 80,000 pounds; to the Committee on Transportation
and Infrastructure.
By Mr. McDADE:
H.R. 3550. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income the gain realized from the
sale or exchange of a capital asset used to generate self-
employment income if the entire amount of such gain is
deposited in an individual retirement account; to the
Committee on Ways and Means.
[[Page 1281]]
By Mr. SHAW (for himself, Mr. Pallone, Mr. Foley, Mr.
Castle, Mr. Andrews, and Mr. Cunningham):
H.R. 3551. A bill to amend the act entitled ``An Act
authorizing Federal participation in the cost of protecting
the shores of publicly owned property'' to confirm and
clarify the authority and responsibility of the Secretary of
the Army, acting through the Chief of Engineers, to promote
and carry out shore protection projects, including beach
nourishment projects, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. QUILLEN:
H. Res. 442. Resolution providing for consideration of the
bill (H.R. 3517) making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes; House
Calendar No. 232, House Report No. 104-599.
By Mr. CONDIT (for himself, Mr. Pombo, Mr. Brewster,
Mr. Calvert, Mr. Chambliss, Mrs. Chenoweth, Mr.
Dooley, Mr. Doolittle, Mr. Fazio of California, Mr.
Foley, Mr. Pete Geren of Texas, Mr. Hayes, Mr.
Herger, Mrs. Lincoln, Mr. Orton, Mr. Payne of
Virginia, Mr. Peterson of Minnesota, Mr. Radanovich,
Mr. Riggs, Mr. Sisisky, and Mr. Stenholm):
H. Res. 443. Resolution providing for consideration of the
bill (H.R. 1627) to amend the Federal Insecticide, Fungicide
and Rodenticide Act and the Federal Food, Drug, and Cosmetic
Act, and for other purposes; to the Committee on Rules.
By Mr. FORBES:
H. Res. 444. Resolution urging the detention and
extradition to the United States by the appropriate foreign
governments of Mohammed Abbas for the murder of Leon
Klinghoffer; to the Committee on International Relations.
para.64.26 memorials
Under clause 4 of rule XXII,
220. The SPEAKER presented a memorial of the Senate of the
State of New Jersey, relative to Senate Resolution No. 20
memorializing the Congress of the United States to enact
legislation which will facilitate the development and
approval of new drugs, biological products, and medical
devices; to the Committee on Commerce.
para.64.27 private bills and resolutions
Under clause 1 of rule XXII,
Mr. BAKER of Louisiana introduced a bill H.R. 3552 for the
relief of Alayne Mae Watson; which was referred to the
Committee on the Judiciary.
para.64.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolution as follows:
H.R. 40: Mr. Tate.
H.R. 57: Mr. Herger.
H.R. 324: Mr. Pomeroy.
H.R. 621: Mr. Allard.
H.R. 738: Mr. King.
H.R. 1023: Mr. Condit.
H.R. 1046: Mr. Skeen and Mr. Hilliard.
H.R. 1076: Mr. Barr, Mr. Horn, Mr. Stupak, Mr. Deutsch, and
Mr. Evans.
H.R. 1226: Mr. Castle.
H.R. 1484: Mr. Martini.
H.R. 1499: Mr. Tate.
H.R. 1713: Mr. Laughlin, Mr. Whitfield, and Mr. Martinez.
H.R. 1776: Mr. Hastings of Washington, Mr. Wise, Mr.
Cummings, Mr. Andrews, Mr. Costello, Mr. Dicks, Mr. Fields of
Louisiana, Mr. Menendez, Mr. Miller of California, Mr. Moran,
Mr. Ortiz, Mr. Pallone, Mr. Pastor, Mr. Poshard, Mr. Roemer,
Mr. Rose, Mr. Skaggs, Mr. Volkmer, Mr. Williams, Ms.
Millender-McDonald, Ms. Harman, Mr. McHale, Mr. Doyle, Mr.
Archer, Mr. Taylor of Mississippi, Mr. Radanvovich, Mr.
Stockman, and Mr. McNulty.
H.R. 2026: Mr. Gilman, Ms. Pryce, Mr. Yates, Mr. Bilirakis,
Mr. Stark, and Mr. DeLay.
H.R. 2167: Mr. Schiff and Mr. Coyne.
H.R. 2182: Mrs. Meyers of Kansas.
H.R. 2240: Mr. Frelinghuysen and Mr. Canady.
H.R. 2244: Mr. Sam Johnson.
H.R. 2246: Mr. Brown of California.
H.R. 2270: Mrs. Cubin.
H.R. 2341: Mr. Norwood.
H.R. 2416: Mr. Moran.
H.R. 2450: Mr. McKeon.
H.R. 2536: Mr. Meehan, Mr. Schiff, Mr. Horn, and Mr.
Ramstad.
H.R. 2580: Mr. Condit.
H.R. 2587: Mr. Thornberry, Mr. Ortiz, Mr. McHale, and Mr.
Hostettler.
H.R. 2932: Mr. Laughlin.
H.R. 2976: Mr. Barrett of Wisconsin, Mr. Clinger, Mr.
Condit, Mr. Flake, Mr. Kanjorski, Mr. Kildee, and Mr. Rahall.
H.R. 3022: Mr. Hastings of Florida, Mr. Watt of North
Carolina, Mr. Boehlert, and Ms. Slaughter.
H.R. 3038: Mr. Minge and Mr. Dooley.
H.R. 3083: Mr. Campbell.
H.R. 3155: Mr. Deutsch and Mr. Hastings of Florida.
H.R. 3173: Mr. Berman and Mr. Neal of Massachusetts.
H.R. 3181: Mr. Filner, Mr. Watt of North Carolina, Mr.
Spratt, Mr. Evans, and Mrs. Clayton.
H.R. 3183: Mr. Ballenger.
H.R. 3189: Mr. Mascara and Mr. Hunter.
H.R. 3195: Mr. Scarborough.
H.R. 3199: Mr. Callahan, Mr. Hayworth, Mr. Chapman, Mr.
Royce, and Mr. Castle.
H.R. 3211: Mr. Funderburk, Mr. Dickey, Mr. Bachus, Mr.
Souder, Mr. Chambliss, Mr. Norwood, Mr. Montgomery, Mr.
Canady, Mr. Weldon of Florida, Mr. Hayworth, and Mr. Paxon.
H.R. 3226: Mr. Leach, Ms. Jackson-Lee, Mr. Bacerra, and Mr.
Gejdenson.
H.R. 3280: Mr. Yates and Mr. McDermott.
H.R. 3294: Ms. Jackson-Lee and Mr. Dornan.
H.R. 3303: Mr. Rose.
H.R. 3307: Mr. Flanagan, Mr. English of Pennsylvania, Mr.
Bunning of Kentucky, Mr. Canady, and Mr. Livingston.
H.R. 3311: Mr. Bonior and Mr. Mascara.
H.R. 3332: Mr. Cummings, Ms. Velazquez, Ms. Jackson-Lee,
Ms. Lofgren, and Mrs. Mink of Hawaii.
H.R. 3337: Mr. Oberstar.
H.R. 3338: Mr. Pastor, Mr. Salmon, Mr. Peterson of
Minnesota, and Mr. Rohrabacher.
H.R. 3348: Mr. Sanders.
H.R. 3354: Mr. Watts of Oklahoma.
H.R. 3385: Mr. Bonilla, Mr. Kolbe, Mr. Fields of Texas, Mr.
Hall of Texas, and Mr. Stump.
H.R. 3401: Mr. Fields of Louisiana, Mrs. Meek of Florida,
Mrs. Collins of Illinois, Ms. Eddie Bernice Johnson of Texas,
Ms. Brown of Florida, Mr. Gonzalez, Mr. Franks of New Jersey,
Ms. Jackson-Lee, Ms. Furse, and Mrs. Kennelly.
H.R. 3449: Mr. Smith of Texas and Mr. Ortiz.
H.R. 3450: Mr. Holden and Mr. Goodling.
H.R. 3462: Mr. Frost, Mr. Davis, Mr. Wynn, Mr. Evans, Mr.
Lewis of Georgia, Mr. Wise, Mr. Stark, Mr. Bentsen, Mr.
Rahall, Mr. Yates, Mr. Frazer, and Mr. Ehlers.
H.R. 3463: Mr. Dellums, Mr. Hilliard, Mr. Barrett of
Wisconsin, Mr. Nadler, Mr. Frank of Massachusetts, and Ms.
Norton.
H.R. 3465: Ms. Roybal-Allard, Mr. Horn Mr. Durbin, Mr.
Frost, Mr. Vento, Mr. Barrett of Wisconsin, Mr. Moran, Ms.
Norton, and Mr. Fazio of California.
H.R. 3498: Ms. Woolsey, Mr. Waxman, Mr. Frost, Ms. Norton,
Ms. Pelosi, Mr. Neal of Massachusetts, and Ms. Lofgren.
H.R. 3505: Mr. Doyle, Ms. Norton, Mr. Wilson, Mr. Kennedy
of Massachusetts, Mr. Neal of Massachusetts, Mr. Hefner, Mr.
Mascara, and Ms. Millender-McDonald.
H.R. 3508: Ms. Norton and Mr. Zimmer.
H.R. 3520: Mr. Lantos, Mr. Hilliard, and Mr. Martinez.
H. Res. 172: Mr. Gutierrez, Mr. Green of Texas, Mrs.
Collins of Illinois, Mr. Lipinski, Mr. Dellums, Mr. LaHood,
Mr. Manton, Mr. Frost, Mr. Farr, and Mr. Filner.
H. Res. 439: Ms. Lofgren and Mr. Wolf.
para.64.29 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1462: Mr. Smith of New Jersey.
H.R. 1972: Mr. Stockman.
H.R. 2723: Mr. Stockman.
.
THURSDAY, MAY 30, 1996 (65)
The House was called to order by the SPEAKER.
para.65.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, May 29, 1996.
Mr. WISE, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. WISE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
325
Nays
66
When there appeared
<3-line {>
Answered present
1
para.65.2 [Roll No. 199]
YEAS--325
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
[[Page 1282]]
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Evans
Ewing
Farr
Fawell
Fields (TX)
Flake
Flanagan
Foley
Forbes
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Wicker
Wise
Woolsey
Young (AK)
Young (FL)
Zeliff
NAYS--66
Abercrombie
Becerra
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bunn
Chapman
Chrysler
Clay
Clyburn
Collins (IL)
Costello
DeFazio
Dingell
Durbin
English
Ensign
Everett
Fazio
Filner
Fox
Funderburk
Gephardt
Gillmor
Gutierrez
Gutknecht
Hefley
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Jacobs
Johnson, E. B.
LaFalce
Latham
Levin
Lewis (GA)
Longley
Maloney
Martini
McDermott
McNulty
Menendez
Neal
Oberstar
Pallone
Pickett
Roemer
Rush
Sabo
Schroeder
Slaughter
Stockman
Taylor (MS)
Thompson
Torkildsen
Vento
Visclosky
Volkmer
Weller
Whitfield
Wolf
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--41
Beilenson
Boucher
Bryant (TX)
Christensen
Coleman
Cummings
de la Garza
Dornan
Engel
Eshoo
Fattah
Fields (LA)
Foglietta
Ford
Gibbons
Gilchrest
Greene (UT)
Hayes
Herger
Houghton
Jefferson
Kennelly
Lincoln
Livingston
McDade
Molinari
Mollohan
Moran
Nethercutt
Olver
Peterson (FL)
Pomeroy
Roukema
Smith (TX)
Stark
Tejeda
Tiahrt
Waters
Williams
Wilson
Wynn
So the Journal was approved.
para.65.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3224. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Fluid Milk Promotion Order; Final Rule [DA-96-07] received
May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3225. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Secretary's report pursuant to section 1208(c) of Public Law
104-106; to the Committee on National Security.
3226. A letter from the Director, Office of Bilingual
Education and Minority Language Affairs, Department of
Education, transmitting notice inviting applications for new
awards for fiscal year [FY] 1996--Foreign Language Assistance
Grants (State educational agencies), pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Economic and Educational
Opportunities.
3227. A letter from the Acting Assistant Secretary,
Department of Education, transmitting final priorities--
Research and Demonstration Project; Rehabilitation Research
and Training Center; and a Rehabilitation Engineering
Research Center, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Economic and Educational Opportunities.
3228. A letter from the Director, Office of Bilingual
Education and Minority Language Affairs, Department of
Education, transmitting notice inviting applications for new
awards for fiscal year [FY] 1996--Foreign Language Assistance
Grants (Local educational agencies), pursuant to 20 U.S.C.
1232(d)(1); to the Committee on Economic and Educational
Opportunities.
3229. A letter from the Deputy General Counsel for
Regulations and Legislation, Department of Education,
transmitting the Department's report on the notice of final
funding priorities for Research and Demonstration Project,
Rehabilitation Research and Training Centers, and
Rehabilitation Engineering Research Center--received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(B); to the Committee on
Economic and Educational Opportunities.
3230. A letter from the Director of Communications and
Legislative Affairs, Equal Employment Opportunity Commission,
transmitting the Commission's annual report for fiscal year
1994, pursuant to 42 U.S.C. 2000e-4(e); to the Committee on
Economic and Educational Opportunities.
3231. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled the ``Runaway and Homeless Youth Amendments of
1996''; to the Committee on Economic and Educational
Opportunities.
3232. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards' Head Restraints (RIN:
2127-AF70) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3233. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Prosulfuron; Extension
of Pesticide Tolerance (FRL-5371-8) received May 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3234. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Prosulfuron; Pesticide
Tolerance (FRL-5357-5) received May 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3235. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Parts 2 and 15 of the Commission's
Rules to Deregulate the Equipment Authorization Requirements
for Digital Devices (ET Docket No. 95-19) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3236. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Taking and Importing of Marine Mammals; Dolphin
Safe Tuna Labeling; Regulation Consolidation [Docket No.
960516135-6135-01; I.D. 051096A] (RIN: 0648-AF08) received
May 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3237. A letter from the Secretary of Energy, transmitting
the Department's 33d quarterly report to Congress on the
status of Exxon and stripper well oil overcharge funds as of
December 31, 1995; to the Committee on Commerce.
3238. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
texts of ILO Convention No. 176 and Recommendation No. 183
concerning Safety and Health in Mines and the Protocol of
1995 to Convention No. 81 concerning labor inspection, the
instruments were adopted by the International Labor
Conference at its 82d Session, at Geneva, June 22, 1995,
pursuant to Article 19 of the Constitution of the
International Labor Organization; to the Committee on
International Relations.
3239. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's report on employment of U.S. citizens by certain
international organizations, pursuant to Public Law 102-138,
section 181 (105 Stat. 682); to the Committee on
International Relations.
3240. A letter from the Secretary of Labor, transmitting
the semiannual report on activities of the inspector general
for the period October 1, 1995, through March 31, 1996, and
the semiannual management report for the same period,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to
the Committee on Government Reform and Oversight.
3241. A letter from the Comptroller General of the United
States, transmitting a list of all reports issued or released
in April 1996, pursuant to 31 U.S.C. 719(h); to the Committee
on Government Reform and Oversight.
3242. A letter from the Executive Director, Committee for
Purchase From People Who
[[Page 1283]]
Are Blind or Severely Disabled, transmitting the Committee's
final rule--Additions to the Procurement List (61 F.R. 6977,
14088, and 15225) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3243. A letter from the Chairman, Equal Employment
Opportunity Commission, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, and the semiannual management
report for the same period, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
3244. A letter from the Chairman of the Board, National
Credit Union Administration, transmitting the semiannual
report on activities of the inspector general for the period
October 1, 1995, through March 31, 1996, pursuant to 5 U.S.C.
app. (Insp. Gen. Act) section 5(b); to the Committee on
Government Reform and Oversight.
3245. A letter from the Independent Counsel, Office of
Independent Counsel, transmitting the 1995 annual report in
compliance with the Inspector General Act Amendments of 1988,
pursuant to Public Law 100-504, section 104(a) (102 Stat.
2525); to the Committee on Government Reform and Oversight.
3246. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Allowances
and Differentials; Separate Maintenance Allowance for Duty at
Johnston Island (RIN: 3206-AH17) received May 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3247. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Prevailing
Rate System; Abolishment of Merced, CA, Nonappropriated Fund
Wage Area (RIN: 3206-AH30) received May 28, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
3248. A letter from the Chairman, Securities and Exchange
Commission, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1995,
through March 31, 1996, and the semiannual management report
for the same period, also the inspector general's first 5-
year strategic plan, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) section 5(b); to the Committee on Government Reform and
Oversight.
3249. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule--Royalty Relief for Producing
Leases and Certain Existing Leases in Deep Water (Mineral
Management Service) (RIN: 1010-AC13) received May 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3250. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Oregon Caves National Monument,
Admission to Caves (National Park Service) (RIN: 1024-AC26)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3251. A letter from the Chairman, Mississippi River
Corridor Study Commission, transmitting the Commission's
reports entitled ``Mississippi River Corridor Study Volume 1:
Feasibility Report'' and ``Mississippi River Corridor Study
Volume 2: Inventory of Resources and Significance'', pursuant
to Public Law 101-398, section 9(b) (104 Stat. 859); to the
Committee on Resources.
3252. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Foreign Prohibitions on Longshore
Work by United States Nationals (Bureau of Economic and
Business Affairs) (22 CFR Part 89) received May 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
3253. A letter from the President and Executive Director,
National Mining Hall of Fame and Museum, transmitting the
Museum's 1995 audited financial statement and a copy of form
990 which was filed with the Internal Revenue Service,
pursuant to 36 U.S.C. 4111; to the Committee on the
Judiciary.
3254. A letter from the Secretary of Labor, transmitting
the Department's report entitled ``Effects of the Immigration
Reform and Control Act: Characteristics and Labor Market
Behavior of the Legalized Population Five Years Following
Legalization,'' pursuant to section 404(c) of the Immigration
Reform and Control Act of 1986 [IRCA]; to the Committee on
the Judiciary.
3255. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Pittsfield, MA (Docket No. 96-
ANE-12) (RIN: 2120-AA66) (1996-0027) received May 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3256. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Ely, NV (Docket No. 96-AWP-5)
(RIN: 2120-AA66) (1966-0028) received May 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3257. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Emergency Notice of Enforcement Policy (RIN: 2120-ZZ01)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3258. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Use Airspace, Technical Amendment (Docket No. 73-8)
(RIN: 2120-AA66) (1966-0029) received May 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3259. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Removal of Class D Airspace; K.I. Sawyer (AFB), MI (Docket
No. 95-AGL-4) (RIN: 2120-AA66) (1996-0024) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3260. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Modification of the Offutt AFB, Class C Airspace Area; NE
(Docket No. 95-AWA-7) (RIN: 2120-AA66) (1996-0023) received
May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3261. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Robinson Helicopter Company Model
R22 Helicopters (Docket No. 95-SW-27-AD) (RIN: 2120-AA64)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3262. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Robinson Helicopter Company Model
R44 Helicopters (Docket No. (95-SW-32-AD) (RIN: 2120-AA64)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3263. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Israel Aircraft Industries (IAI),
Ltd., Model 1125 Westwind Astra Series Airplanes (Docket No.
95-NM-94-AD) (RIN: 2120-AA64) received May 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3264. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech Aircraft Corporation Model
C90A Airplanes (Docket No. 95-CE-82-AD) (RIN: 2120-AA64)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3265. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9 Series
Airplanes (Docket No. 95-NM-145-AD) (RIN: 2120-AA64) received
May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3266. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9-80
Series Airplanes and Model MD-88 Airplanes (Docket No. 95-NM-
98-AD) (RIN: 2120-AA64) received May 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3267. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Saab Model SAAB 2000 Series
Airplanes (Docket No. 96-NM-102-AD) (RIN: 2120-AA64) received
May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3268. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Periodic Updates to the Pipeline Safety Regulations (Research
and Special Programs Administration) received May 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3269. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Transportation for Individuals With Disabilities (Misc.
Amendments) Correction to Final Rule published May 21, 1996
(RIN: 2105-AC13) (1996-0001) received May 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3270. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of State Participation Program (RIN: 2130-AB08)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3271. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River, Salem
River, NJ [CGD 05-96-030] received May 30, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3272. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Miami Super Boat Race; Miami
Beach, FL [CGD 07-96-018] (RIN: 2115-AE46) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3272. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Empire State Regatta, Albany, NY [CGD 01-96-023]
(RIN: 2115-AA97) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3274. A letter from the General Counsel, Department of
Transportation, transmitting
[[Page 1284]]
the Department's final rule--Periodic Inspection and Testing
of Cylinders [Docket No. HM-220A, Amendment Numbers 171-143,
173-251] (RIN: 2137-AC59) received May 30, 1996, pursuant to
5 U.S.C. 801(a)(1)(A) to the Committee on Transportation and
Infrastructure.
3275. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Miscellaneous Hazardous Materials Regulations;
Regulatory Review [Docket HM-222B; Amendment Numbers 171-145,
172-149, 173-253, 176-40, 177-87, 178-116, and 180-9] (RIN:
2137-AC76) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3276. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Air Brake Systems
[Docket No. 96-050, Notice 1] (RIN: 2127-AG31) received May
30, 1996, pursuant to 5 U.S.C. 801(A)(1)(A); to the Committee
on Transportation and Infrastructure.
3277. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Electric Engineering Requirements for Merchant Vessels (U.S.
Coast Guard) [CGD 94-108] (RIN: 2115-AF24) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3278. A letter from the Acting Administrator, General
Services Administration, transmitting informational copies of
3 lease prospectuses for the Department of Defense in
northern Virginia, pursuant to 40 U.S.C. 606(a); to the
Committee on Transportation and Infrastructure.
3279. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--National Cemeteries (RIN: 2900-AI06)
received May 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Veterans' Affairs.
3280. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Delegations of Authority: Tort
Claims and Debt Collection (RIN: 2900-ai13) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
3281. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Gender Policy for VA Publications
and Other Communication (RIN: 2900-aI09) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
3282. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Basic Permit Requirements Under the Federal
Alcohol Administration Act, Nonindustrial Use of Spirits and
Wine, Bulk Sales and Bottling of Distilled Spirits (95R-023P)
(RIN: 1512-AB 43) received May 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3283. A letter from the Assistant Secretary for Employment
and Training, Department of Labor, transmitting the
Department's final rule--Unemployment Insurance Program
Letter No. 22-96 received May 29, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3284. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Weighted Average Interest Rate Update (Notice 96-32) received
May 28, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3285. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Examination of returns and claims for refund, credit, or
abatement; determination of correct tax liability (Revenue
Procedure 96-33) received May 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3286. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Weighted Average Interest Rate Update (Notice 96-24) received
May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3287. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Reporting of Nonpayroll Withheld Tax Liabilities (RIN: 1545-
AT86) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3288. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Payment by Employer of Expenses for Meals and Entertainment,
Club Dues, and Spousal Travel (RIN: 1545-AS74) received May
30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
3289. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Closing Agreements (Revenue Procedure 96-29) received May 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
3290. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Refund Requests under Section 4972(c)(6) (Announcement 96-26)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
3291. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the Department's intent to provide $8 million
in fiscal year 1996 funds for the purpose of supporting the
Organization for Security and Cooperation in Europe's [OSCE]
efforts to supervise and monitor Bosnian elections, as called
for in the Dayton Accords, pursuant to 22 U.S.C. 2394-1(a)
and Public Law 104-107, section 515 (110 Stat. 726); jointly,
to the Committee on International Relations and
Appropriations.
3292. A letter from the Acting Administrator, Agency for
International Development, transmitting the Agency's report
covering allocations under the economic support fund and
international organizations and programs accounts, pursuant
to 22 U.S.C. 2413(a) and Public Law 104-107, section 515 (110
Stat. 726); jointly, to the Committee on International
Relations and Appropriations.
3293. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation entitled the
``Plant Protection Act''; jointly, to the Committee on
Agriculture, Ways and Means, and the Judiciary.
3294. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation entitled the
``Animal Health Protection Act''; jointly, to the Committee
on Agriculture, Ways and Means, and the Judiciary.
para.65.4 communication from the clerk--certificate of election
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, May 30, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
copy of the unofficial election returns received from the
Honorable Phil Keisling, Secretary of State, State of Oregon,
indicating that, according to the incomplete results of the
Special Election held on May 21, 1996, the Honorable Earl
Blumenauer was elected to the office of Representative in
Congress, from the Third Congressional District, State of
Oregon.
With warm regards,
Robin H. Carle.
____
State of Oregon,
Salem, OR, May 22, 1996.
Hon. Robin H. Carle,
Clerk, House of Representatives, The Capitol, Washington, DC.
Dear Robin: Pursuant to your request, I am faxing to you
the unofficial returns for the Special Election for
Representative in Congress in the Third Congressional
District as obtained from the Multnomah and Clackamas County
Elections. I must emphasize the fact that these returns
cannot be considered official since, pursuant to Oregon law,
the official returns are not due to the Secretary of States'
Office, Elections Division until June 10, 1996. Also, the
Elections Division has until June 20, 1996 to canvass the
votes and certify the election results. This notification,
therefore, cannot be construed as an official certification
as required by ORS 254.545 of the Oregon Election Laws.
On May 21, 1996, a special election was held to elect a
U.S. Representative to Oregon's Third Congressional District,
for a term ending in January, 1997. The incomplete results,
as of 12:00 noon May 22, as reported by Multnomah County and
Clackamas County, were as follows: (see page 2)
Sincerely,
Phil Keisling,
Secretary of State.
U.S. REPRESENTATIVE, THIRD DISTRICT, ``INCOMPLETE RESULTS''
------------------------------------------------------------------------
Multnomah Clackamas
------------------------------------------------------------------------
Blumenauer, 50,125 equal...................... 46,135 3,990
Brunelle, 17,085 equal........................ 14,725 2,360
Keating, 2,916 equal.......................... 2,703 213
Guillebeau, 1,604 equal....................... 1,501 103
------------------------------------------------------------------------
Absentees still to be counted as of 12:00 noon, May 22,
1996:
Multnomah Co. estimated to count.................................22,500
Clackamas Co. estimated to count..................................4,000
________
Total..........................................................26,500
Final Certification of the election, as required under
Oregon law, must occur no later than June 20, 1996.
para.65.5 order of business--swearing in of member-elect
On motion of Mr. GEPHARDT, by unanimous consent,
Ordered, That, notwithstanding the fact that the certificate of
election of Mr. Earl Blumenauer, 3rd District of the State of Oregon,
has not been received by the Clerk of the House of Representatives, Mr.
Blumenauer be permitted to take the oath of office as prescribed by law,
there being no contest and no question with regard to his election.
Mr. BLUMENAUER then presented himself at the bar of the House and took
the oath of office prescribed by law.
para.65.6 committees and subcommittees to sit
On motion of Mr. SMITH of Michigan, by unanimous consent, the fol
[[Page 1285]]
lowing committees and their subcommittees were granted permission to sit
today during the 5-minute rule on: the Committee on Agriculture, the
Committee on Commerce, the Committee on Economic and Educational
Opportunities, the Committee on Government Reform and Oversight, the
Committee on International Relations, the Committee on the Judiciary,
the Committee on Resources, the Committee on Small Business, the
Committee on Transportation and Infrastructure, the Committee on
Veterans' Affairs, and the Permanent Select Committee on Intelligence.
para.65.7 providing for the consideration of h.r. 3517
Mr. QUILLEN, by direction of the Committee on Rules, called up the
following resolution (H. Res. 442):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3517) making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes. The first
reading of the bill shall be dispensed with. Points of order
against consideration of the bill for failure to comply with
clause 7 of rule XXI are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Appropriations. After general
debate the bill shall be considered for amendment under the
five minute rule. Points of order against provisions in the
bill for failure to comply with clause 2 or 6 of rule XXI are
waived. During consideration of the bill for amendment, the
Chairman of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. The Chairman of the Committee of the Whole may postpone
until a time during further consideration in the Committee of
the Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or a
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. QUILLEN, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.65.8 military construction appropriations
The SPEAKER pro tempore, Mr. CHAMBLISS, pursuant to House Resolution
442 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3517) making appropriations for military construction, family
housing, and base realignment and closure for the Department of Defense
for the fiscal year ending September 30, 1997, and for other purposes.
The SPEAKER pro tempore, Mr. CHAMBLISS, by unanimous consent,
designated Mr. LaTOURETTE as Chairman of the Committee of the Whole; and
after some time spent therein,
para.65.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. FURSE:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . (a) Limitation on Use of Funds.--None of the funds
made available in this Act may be used for renovation,
repair, or other military construction project in connection
with Spinelli Barracks or Taylor Barracks, Mannheim, Germany.
(b) Corresponding Reduction in Funds.--The amount otherwise
provided by this Act for ``Military Construction, Army'' is
hereby reduced by $17,400,000.
It was decided in the
Yeas
121
<3-line {>
negative
Nays
289
para.65.10 [Roll No. 200]
AYES--121
Barcia
Barrett (WI)
Barton
Bass
Becerra
Beilenson
Berman
Bilbray
Blumenauer
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Campbell
Cardin
Chabot
Clay
Coburn
Collins (MI)
Conyers
Cooley
Cummings
Danner
DeFazio
Dellums
Deutsch
Dingell
Doggett
Duncan
Durbin
Ehlers
Engel
English
Eshoo
Evans
Fawell
Filner
Fox
Frank (MA)
Franks (NJ)
Furse
Gillmor
Green (TX)
Gutierrez
Hamilton
Hancock
Hastings (FL)
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Johnston
Kennedy (MA)
Kleczka
Klug
Lantos
Lewis (GA)
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Martini
McCarthy
McDermott
McInnis
McKinney
Meehan
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Myrick
Nadler
Neal
Neumann
Ney
Nussle
Olver
Owens
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Poshard
Ramstad
Rangel
Rivers
Roemer
Rohrabacher
Roukema
Royce
Rush
Sanders
Sanford
Schroeder
Schumer
Sensenbrenner
Shays
Slaughter
Smith (MI)
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Towns
Upton
Velazquez
Vento
Ward
Watt (NC)
Weller
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--289
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Bateman
Bentsen
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Ensign
Everett
Ewing
Farr
Fazio
Fields (TX)
Flake
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lucas
Manton
Manzullo
Martinez
Mascara
Matsui
McCollum
McCrery
McHale
McHugh
McIntosh
McKeon
McNulty
Meek
Menendez
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nethercutt
Norwood
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (VA)
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Rahall
Reed
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Sabo
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
[[Page 1286]]
Torres
Torricelli
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--24
Bachus
Camp
Chapman
de la Garza
Fattah
Fields (LA)
Foglietta
Ford
Geren
Gutknecht
Hayes
Houghton
Jefferson
Kennelly
Lincoln
McDade
Molinari
Mollohan
Paxon
Peterson (FL)
Pomeroy
Quinn
Thornton
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. LaTOURETTE, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with the recommendation that the bill do pass.
The previous question having been ordered by said resolution.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
369
<3-line {>
affirmative
Nays
43
para.65.11 [Roll No. 201]
YEAS--369
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Maloney
Manton
Manzullo
Martinez
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Ney
Norwood
Nussle
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--43
Barrett (WI)
Becerra
Beilenson
Bryant (TX)
Camp
Campbell
Conyers
Cooley
Frank (MA)
Furse
Hancock
Johnston
Kleczka
Klug
LaHood
Lewis (GA)
Lofgren
Luther
Markey
Martini
Matsui
McDermott
McKinney
Minge
Nadler
Neumann
Oberstar
Owens
Petri
Rahall
Ramstad
Rangel
Roemer
Royce
Sensenbrenner
Stark
Stockman
Upton
Vento
Watt (NC)
Weller
Williams
Yates
NOT VOTING--22
Bachus
Brown (OH)
Chapman
Clay
de la Garza
Fattah
Fields (LA)
Foglietta
Ford
Gutknecht
Hayes
Houghton
Jefferson
Kennelly
Lincoln
McDade
Molinari
Mollohan
Paxon
Peterson (FL)
Quinn
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.65.12 order of business--consideration of amendments to h.r. 3322
On motion of Mr. WALKER, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 3322) to
authorize appropriations for fiscal year 1997 for civilian science
activities of the Federal Government, it shall be in order to consider
the following amendments (or germane modifications thereof) in sequence:
(1) the amendment numbered 15 (printed by Ms. Lofgren); the amendment
numbered 6 (printed by Mr. Kennedy of Massachusetts); and the amendment
numbered 5 (printed by Ms. Jackson-Lee); and
Ordered further, That the Chairman of the Committee of the Whole may
postpone until a time during further consideration in the Committee a
request for a recorded vote on any of these amendments (or any
amendments thereto); and the Chairman may reduce to not less than five
minutes the time for voting by electronic device on any postponed
question that immediately follows another vote by electronic device
without intervening business, provided that the time for voting by
electronic device on the first of any series of questions shall be not
less than fifteen minutes.
para.65.13 civilian science authorization
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 427
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3322) to authorize appropriations for fiscal year 1997
for civilian science activities of the Federal Government, and for other
purposes.
Mr. BURTON, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.65.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Ms.
JACKSON-LEE for the amendment submitted by Mr. WELDON of Florida:
Substitute amendment submitted by Ms. JACKSON-LEE:
Page 30, line 11, strike ``$1,957,850,000'' and insert in
lieu thereof ``$2,039,350,000''.
Amendment submitted by Mr. WELDON of Florida:
Page 26, line 12, strike ``$2,167,400,000'' and insert in
lieu thereof ``$2,107,400,000''.
Page 30, line 11, strike ``$1,957,850,000'' and insert in
lieu thereof ``$2,017,850,000, of which
[[Page 1287]]
$1,594,550,000 shall be for personnel and related costs,
$35,000,000 shall be for travel, and $388,300,000 shall be
for research operations support''.
It was decided in the
Yeas
142
<3-line {>
negative
Nays
271
para.65.15 [Roll No. 202]
AYES--142
Abercrombie
Barcia
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cramer
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Frost
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Johnston
Kennedy (MA)
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Maloney
Manton
Matsui
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Nadler
Neal
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Richardson
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Waxman
Williams
Wilson
Woolsey
Wynn
Yates
NOES--271
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Oxley
Packard
Parker
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Reed
Regula
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--21
Ackerman
Chabot
de la Garza
Fields (LA)
Foglietta
Ford
Gutknecht
Hayes
Houghton
Jefferson
Kennelly
Lincoln
McDade
Molinari
Mollohan
Moran
Murtha
Paxon
Peterson (FL)
Quinn
Wise
So the substitute amendment was not agreed to.
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment submitted by Mr. WELDON of Florida,
as amended by the following amendment submitted by Mr. SENSENBRENNER,
agreed to earlier by voice vote:
Amendment submitted by Mr. SENSENBRENNER:
After the item relating to page 26, line 12, insert the
following:
Page 28, line 2, strike ``$410,600,000'' and insert in lieu
thereof ``$405,600,000''.
Page 28, line 3, strike ``$95,500,000'' and insert in lieu
thereof ``$92,500,000''.
Page 28, line 11, strike ``$281,250,000'' and insert in
lieu there ``$276,250,000''.
Strike ``$2,017,850,000, of which $1,594,550,000 shall be
for personnel and related costs, $35,000,000 shall be for
travel,'' and insert in lieu thereof ``$2,030,800,000, of
which $1,611,000,000 shall be for personnel and related
costs, $31,500,000 shall be for travel,''.
It was decided in the
Yeas
354
<3-line {>
affirmative
Nays
60
para.65.16 [Roll No. 203]
AYES--354
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Mink
Moakley
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
[[Page 1288]]
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Velazquez
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--60
Barrett (WI)
Becerra
Beilenson
Bonior
Brown (CA)
Clay
Clayton
Coleman
Collins (IL)
Collins (MI)
Coyne
Dellums
Dixon
Doggett
Engel
Fattah
Filner
Flake
Frank (MA)
Furse
Gibbons
Gutierrez
Hastings (FL)
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Lewis (GA)
Luther
McCarthy
McDermott
McKinney
Meek
Millender-McDonald
Miller (CA)
Minge
Olver
Owens
Rahall
Rangel
Rush
Sawyer
Schroeder
Schumer
Scott
Skaggs
Stark
Stokes
Tanner
Torres
Towns
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Williams
Yates
NOT VOTING--20
Chabot
Conyers
de la Garza
Fields (LA)
Foglietta
Ford
Gutknecht
Hayes
Houghton
Jefferson
Kennelly
Lincoln
McDade
Molinari
Mollohan
Murtha
Paxon
Peterson (FL)
Quinn
Wise
So the amendment, as amended, was agreed to.
After some further time,
para.65.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SCOTT:
Page 27, line 14, strike ``$823,400,000'' and insert in
lieu thereof ``$857,800,000''.
Page 27, line 19, strike $152,800,000'' and insert in lieu
thereof ``$187,200,000''.
It was decided in the
Yeas
157
<3-line {>
negative
Nays
250
para.65.18 [Roll No. 204]
AYES--157
Abercrombie
Baldacci
Barcia
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Cummings
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Green (TX)
Hall (TX)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (SD)
Johnson, E. B.
Johnston
Kennedy (MA)
Klink
LaFalce
Lantos
LaTourette
Levin
Lewis (GA)
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Petri
Pickett
Rahall
Rangel
Regula
Richardson
Rivers
Roemer
Rose
Rush
Sabo
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stockman
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wilson
Woolsey
Yates
NOES--250
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Martini
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Peterson (MN)
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Reed
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vento
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (FL)
Zeliff
Zimmer
NOT VOTING--27
Ackerman
Chabot
Chapman
Clyburn
de la Garza
Fields (LA)
Foglietta
Ford
Gibbons
Gutierrez
Gutknecht
Hayes
Houghton
Jefferson
Kennelly
Lincoln
McDade
Molinari
Mollohan
Murtha
Paxon
Peterson (FL)
Quinn
Roukema
Wise
Wynn
Young (AK)
So the amendment was not agreed to.
After some further time,
para.65.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROEMER:
Page 24, line 20, insert ``and'' after ``Administration;''.
Page 24, lines 21 through 24, strike paragraph (2).
Page 25, line 1, redesignate paragraph (3) as paragraph
(2).
Page 25, lines 13 and 15, and page 26, lines 4 and 6,
redesignate paragraphs (2) through (5) as paragraphs (1)
through (4), respectively.
Page 26, line 14, strike ``$498,500,000'' and insert in
lieu thereof ``$230,700,000''.
Page 27, line 4, strike ``$711,000,000'' and insert in lieu
thereof ``$679,400,000''.
Page 38, line 14, through page 43, line 6, strike subtitle
C.
Page 43, line 7, redesignate subtitle D as subtitle C.
Amend the table of contents accordingly.
It was decided in the
Yeas
187
<3-line {>
negative
Nays
286
para.65.20 [Roll No. 205]
AYES--187
Ackerman
Barrett (WI)
Bass
Bereuter
Blute
Brown (OH)
Camp
Christensen
Coble
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
DeFazio
Dellums
Dickey
Dingell
Dixon
Doyle
Duncan
Durbin
Ensign
Eshoo
Evans
Fattah
Frank (MA)
Franks (NJ)
Furse
Ganske
Gibbons
Goodlatte
Gunderson
Gutierrez
Hamilton
Herger
Hilleary
Hoekstra
Holden
Hutchinson
Inglis
Jacobs
Johnson (SD)
Kanjorski
Kaptur
Kennedy (MA)
Kildee
Kingston
Kleczka
Klink
Klug
LaFalce
Lantos
Largent
Latham
Lazio
Leach
Levin
Lipinski
LoBiondo
Longley
Lowey
Luther
Maloney
Manzullo
Markey
Martini
McCarthy
McHugh
McKinney
McNulty
Meehan
Menendez
Miller (CA)
Minge
Mink
Moakley
Myrick
Nadler
Neumann
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pomeroy
[[Page 1289]]
Porter
Portman
Poshard
Ramstad
Rangel
Reed
Rivers
Roemer
Roukema
Rush
Sabo
Sanders
Sanford
Schroeder
Schumer
Shays
Shuster
Slaughter
Smith (MI)
Solomon
Stark
Studds
Stupak
Towns
Upton
Velazquez
Vento
Visclosky
Wamp
Waxman
Wilson
Woolsey
Yates
Zimmer
NOES--286
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dicks
Doggett
Dooley
Dornan
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Everett
Ewing
Farr
Fawell
Fazio
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Hall (OH)
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilliard
Hinchey
Hobson
Hoke
Horn
Hostettler
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kim
King
Knollenberg
Kolbe
LaHood
LaTourette
Laughlin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lofgren
Lucas
Manton
Martinez
Mascara
Matsui
McCollum
McCrery
McDermott
McHale
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Montgomery
Moorhead
Moran
Morella
Myers
Neal
Nethercutt
Ney
Norwood
Ortiz
Orton
Oxley
Packard
Parker
Petri
Pickett
Pombo
Pryce
Quillen
Radanovich
Rahall
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Sisisky
Skaggs
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Volkmer
Vucanovich
Walker
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--21
Chabot
de la Garza
Doolittle
Fields (LA)
Fields (TX)
Foglietta
Ford
Gutknecht
Hayes
Houghton
Jefferson
Lincoln
McDade
Molinari
Mollohan
Murtha
Pastor
Paxon
Peterson (FL)
Quinn
Wise
So the amendment was not agreed to.
After some further time,
para.65.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROEMER:
Page 25, line 12, strike ``$1,840,200,000'' and insert in
lieu thereof ``$1,765,200,000''.
It was decided in the
Yeas
146
<3-line {>
negative
Nays
269
para.65.22 [Roll No. 206]
AYES--146
Ackerman
Allard
Barcia
Barrett (WI)
Bass
Bereuter
Blumenauer
Blute
Brown (OH)
Camp
Christensen
Clay
Coble
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Costello
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Dickey
Dingell
Dixon
Doyle
Duncan
Durbin
Ehrlich
Ensign
Evans
Fattah
Ford
Frank (MA)
Franks (NJ)
Furse
Ganske
Gibbons
Gillmor
Goodlatte
Gordon
Gunderson
Gutierrez
Hall (OH)
Hamilton
Hefley
Herger
Hilleary
Hinchey
Hoekstra
Holden
Hutchinson
Inglis
Jacobs
Johnson (SD)
Kanjorski
Kaptur
Kennedy (MA)
Kennelly
Kildee
Kingston
Kleczka
Klink
Klug
LaFalce
LaHood
Largent
Latham
Lazio
Leach
Levin
Lipinski
LoBiondo
Lowey
Luther
Maloney
Manzullo
Markey
Martini
McCarthy
McHugh
McInnis
McKinney
McNulty
Meehan
Menendez
Miller (CA)
Minge
Mink
Moakley
Montgomery
Myrick
Nadler
Neumann
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pomeroy
Porter
Portman
Poshard
Ramstad
Rangel
Reed
Rivers
Roemer
Roukema
Rush
Sanders
Sanford
Schaefer
Schroeder
Schumer
Serrano
Shays
Shuster
Slaughter
Smith (MI)
Spratt
Stark
Studds
Stupak
Tauzin
Thompson
Torkildsen
Towns
Upton
Velazquez
Vento
Visclosky
Wamp
Waters
Watts (OK)
Waxman
Williams
Woolsey
Yates
NOES--269
Abercrombie
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Chrysler
Clayton
Clement
Clinger
Clyburn
Coleman
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dicks
Doggett
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehlers
Emerson
Engel
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gilman
Gonzalez
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Heineman
Hilliard
Hobson
Hoke
Horn
Hostettler
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kasich
Kelly
Kennedy (RI)
Kim
King
Knollenberg
Kolbe
Lantos
LaTourette
Laughlin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lofgren
Longley
Lucas
Manton
Martinez
Mascara
Matsui
McCollum
McCrery
McDermott
McHale
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Moorhead
Morella
Myers
Neal
Nethercutt
Ney
Norwood
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Petri
Pickett
Pombo
Pryce
Quillen
Radanovich
Rahall
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Sabo
Salmon
Sawyer
Saxton
Scarborough
Schiff
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Sisisky
Skaggs
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stokes
Stump
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Traficant
Volkmer
Vucanovich
Walker
Walsh
Ward
Watt (NC)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--19
Chabot
Conyers
de la Garza
Fields (LA)
Fields (TX)
Foglietta
Gutknecht
Hayes
Houghton
Jefferson
Lincoln
McDade
Molinari
Mollohan
Moran
Murtha
Paxon
Peterson (FL)
Quinn
So the amendment was not agreed to.
After some further time,
para.65.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. LOFGREN:
[[Page 1290]]
Page 118, line 17, strike paragraph (2).
Page 118, line 18, through page 119, line 12, redesignate
paragraphs (3) through (11) as paragraphs (2) through (10),
respectively.
It was decided in the
Yeas
197
<3-line {>
negative
Nays
211
para.65.24 [Roll No. 207]
AYES--197
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
English
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gillmor
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Hoke
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (VA)
Pelosi
Peterson (MN)
Pomeroy
Radanovich
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Spratt
Stark
Stokes
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--211
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Fowler
Fox
Franks (CT)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--26
Barton
Chabot
de la Garza
Engel
Fields (LA)
Fields (TX)
Foglietta
Forbes
Gibbons
Gutknecht
Harman
Hayes
Houghton
Jefferson
Jones
Lincoln
Lowey
McDade
Molinari
Mollohan
Murtha
Payne (NJ)
Peterson (FL)
Quinn
Studds
Wilson
So the amendment was not agreed to.
para.65.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. JACKSON-LEE:
Page 118, line 16, strike paragraph (1).
Page 118, line 17, through page 119, line 12, redesignate
paragraphs (2) through (11) as paragraphs (1) through (10),
respectively.
It was decided in the
Yeas
192
<3-line {>
negative
Nays
209
para.65.26 [Roll No. 208]
AYES--192
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Filner
Flake
Forbes
Ford
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hastings (FL)
Heineman
Hilliard
Hinchey
Hoke
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
LaHood
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (VA)
Pelosi
Pomeroy
Porter
Poshard
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schumer
Scott
Serrano
Skaggs
Skelton
Smith (NJ)
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Waxman
Weller
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--209
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Flanagan
Foley
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
[[Page 1291]]
Peterson (MN)
Petri
Pickett
Pombo
Portman
Pryce
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Sanford
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--33
Barton
Browder
Chabot
de la Garza
Engel
Fields (LA)
Fields (TX)
Foglietta
Gibbons
Gutknecht
Hansen
Harman
Hayes
Hefner
Houghton
Jefferson
Klink
Lincoln
McDade
Molinari
Mollohan
Murtha
Payne (NJ)
Peterson (FL)
Quillen
Quinn
Scarborough
Schroeder
Sisisky
Slaughter
Studds
Taylor (MS)
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. GOODLATTE, assumed the Chair.
When Mr. BURTON, Chairman, pursuant to House Resolution 427, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 3, in the table of contents, strike the items relating
to subtitle B of title IV.
Page 3, in the table of contents, amend the line relating
to subtitle C of title IV to read as follows:
SUBTITLE B--PROGRAM SUPPORT
Page 4, in the table of contents, amend the items relating
to subtitle D of title IV to read as follows:
SUBTITLE C--STREAMLINING OF OPERATIONS
Sec. 441. Programs.
Sec. 442. Reduction in travel budget.
Page 4, in the table of contents, amend the line relating
to subtitle E of title IV to read as follows:
SUBTITLE D--MISCELLANEOUS
Page 4, in the table of contents, strike the item relating
to section 453.
Page 4, in the table of contents, amend the items relating
to title VII to read as follows:
TITLE VII--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND
DEVELOPMENT
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Research priorities.
Sec. 704. Research Advisory Committees.
Sec. 705. National aviation research plan.
Page 7, lines 11, 13, and 15, strike ``(1)''.
Page 7, lines 12, 14, and 16, strike ``scientific''.
Page 12, after line 4, insert the following new paragraph:
(1) in section 4(g) (42 U.S.C. 1863(g)), by striking ``the
appropriate rate provided for individuals in grade GS-18 of
the General Schedule under section 5332'' and inserting in
lieu thereof ``the maximum rate payable under section 5376'';
Page 12, lines 5, 9, and 17, redesignate paragraphs (1),
(2), and (3) as paragraphs (2), (3), and (4), respectively.
Page 12, lines 17 through 20, amend paragraph (4), as so
redesignated, to read as follows:
(4) in section 14(c) (42 U.S.C. 1873(c))--
(A) by striking ``shall receive'' and inserting in lieu
thereof ``shall be entitled to receive'';
(B) by inserting ``, including traveltime,'' after
``business of the Foundation''; and
(C) by striking ``the rate specified for the daily rate for
grade GS-18 of the General Schedule under section 5332'' and
inserting in lieu thereof ``the maximum rate payable under
section 5376''; and
Page 12, lines 21 and 22, strike paragraph (4).
Page 13, lines 19 through 21, amend subsection (d) to read
as follows:
(d) Science and Engineering Equal Opportunities Act
Amendments.--(1) Section 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1885b) is amended--
(A) by inserting ``and persons with disabilities'' after
``minorities in science'' in the section heading; and
(B) by adding at the end the following new subsection:
``(c) The Foundation is authorized to undertake and support
programs and activities to encourage the participation of
persons with disabilities in the science and engineering
professions.''.
(2) Section 36 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885c) is amended--
(A) in subsection (a), by inserting ``persons with
disabilities,'' after ``minorities,'';
(B) in subsection (b), by amending the second sentence to
read as follows: ``In addition, the Chairman of the National
Science Board may designate members of the Board as ex
officio members of the Committee.'';
(C) by striking subsections (c) and (d);
(D) by inserting after subsection (b) the following new
subsection:
``(c) The Committee shall be responsible for reviewing and
evaluating all Foundation matters relating to participation
in, opportunities for, and advancement in education, training
and research in science and engineering of women, minorities,
persons with disabilities, and other groups currently
underrepresented in scientific, engineering, and professional
fields.'';
(E) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(F) in subsection (d), as so redesignated by subparagraph
(E) of this paragraph, by striking ``additional''.
Page 17, line 1, strike ``develop'' and insert in lieu
thereof ``development''.
Page 90, line 11, through page 93, line 13, strike subtitle
B.
Page 93, line 14, redesignate subtitle C as subtitle B.
Page 94, line 4, through page 97, line 13, strike
subsections (c) and (d).
Page 97, lines 14 and 21, redesignate subsections (e) and
(f) as subsections (c) and (d), respectively.
Page 98, line 1, redesignate subtitle D as subtitle C.
Page 98, lines 6 through 11, strike paragraphs (1) through
(4).
Page 98, lines 16 through 21, strike paragraphs (8) through
(12).
Page 99, lines 5 through 9, strike paragraphs (17) and
(18).
Page 98, line 12, through page 99, line 10, redesignate
paragraphs (5), (6), (7), (13), (14), (15), (16), and (19) as
paragraphs (1) through (8), respectively.
Page 99, line 19, through page 100, line 7, strike
subsections (c) and (d).
Page 100, line 8, strike ``LIMITATIONS ON APPROPRIATIONS''
and insert in lieu thereof ``REDUCTION IN TRAVEL BUDGET''.
Page 100, lines 9 through 15, strike ``(a) Maximum Amount''
and all that follows through ``Travel Budget.--''
Page 100, line 20, through page 103, line 24, strike
section 443.
Page 104, line 1, redesignate subtitle E as subtitle D.
Page 106, line 9, through page 116, line 9, strike section
453.
Page 119, line 1, strike ``Environmental'' and insert in
lieu thereof ``Environment''.
Page 124, line 9, through page 129, line 3, strike sections
702 through 705.
Page 129, line 4, redesignate section 706 as section 702.
Page 130, line 10, insert ``and'' after ``activities;''.
Page 130, lines 12 through 18, strike ''; and'' and all
that follows through ``Facilities and Equipment''.
Page 130, line 19, redesignate section 707 as section 703.
Page 131, line 9, through page 132, line 5, strike section
708.
Page 132, line 6, redesignate section 709 as section 704.
Page 133, line 1, redesignate section 710 as section 705.
Page 6, line 21, strike ``$3,250,500,000'' and insert in
lieu thereof ``$3,291,700,000''.
Page 6, line 25, strike ``$2,340,300,000'' and insert in
lieu thereof ``$2,381,500,000''.
Page 87, after line 21, insert the following new
subsection:
(h) Report.--Section 704 of the Weather Service
Modernization Act (15 U.S.C. 313 note) is amended by adding
at the end the following new subsection:
``(c) Report.--The National Weather Service shall conduct a
review of the NEXRAD Network radar coverage pattern for a
determination of areas of inadequate radar coverage. After
conducting such review, the National Weather Service shall
prepare and submit to the Congress, no later than 1 year
after the date of the enactment of the Omnibus Civilian
Science Authorization Act of 1996, a report which--
``(1) assesses the feasibility of existing and future
Federal Aviation Administration Terminal Doppler Weather
Radars to provide reliable weather radar data, in a cost-
efficient manner, to nearby weather forecast offices; and
``(2) makes recommendations for the implementation of the
findings of the report.''.
Page 87, after line 21, insert the following new
subsection:
(h) NEXRAD Operational Availability and Reliability.--(1)
The Secretary of Defense, in conjunction with the
Administrator of the National Oceanic and Atmospheric
Administration, shall take immediate steps to ensure that
NEXRADs operated by the Department of Defense that provide
primary detection coverage over a portion of their range
function as fully committed, reliable elements of the
national weather radar network, operating with the same
standards, quality, and availability as the National Weather
Service-operated NEXRADs.
(2) NEXRADs operated by the Department of Defense that
provide primary detection coverage over a portion of their
range are to be considered as integral parts of the National
Weather Radar Network.
Page 137, after line 4, insert the following new section:
SEC. 904. BUY AMERICAN.
(a) Sense of Congress.--It is the sense of Congress that
any recipient of a grant under this Act, or under any
amendment made by this Act, should purchase, when available
and cost-effective, American made equipment and products when
expending grant monies.
(b) Notice of Recipients of Assistance.--In allocating
grants under this Act, or under any amendment made by this
Act, the Secretary shall provide to each recipient a notice
describing the statement made in subsection (a) by the
Congress.
[[Page 1292]]
Amend the table of contents accordingly.
Page 122, after line 9, insert the following new section:
SEC. 507. ENDOCRINE DISRUPTER RESEARCH PLANNING.
(a) Short Title.--This section may be cited as the
``Endocrine Disrupter Research Planning Act of 1996''.
(b) Findings.--The Congress finds that--
(1) recent reports in the media have focused public
attention on a possible link between exposure to chemicals
that may mimic hormones and may have adverse biological
effects in humans and wildlife, including carcinogenic,
reproductive, neurological, and immunological effects, now
commonly referred to as endocrine disrupters;
(2) given the significant scientific uncertainties
concerning the effects of such endocrine disrupters on humans
and wildlife, it cannot at this time be concluded whether or
not endocrine disrupters constitute a significant threat to
human health or the environment;
(3) neither a conclusion that endocrine disrupters pose an
imminent and serious threat to human health and the
environment, nor a conclusion that the risks are
insignificant or exaggerated, is warranted based on the
present state of scientific knowledge;
(4) additional research is needed to more accurately
characterize the risks of endocrine disrupters;
(5) risk assessment principles should be used to guide the
development of a coordinated research plan to ensure that
research results are relevant and adequate to objectively
estimate risk to guide future public policy decisions;
(6) research carried out by the Federal Government should
be done in a planned and coordinated manner to ensure that
limited resources are spent efficiently and that critical
information gaps are filled as quickly as possible; and
(7) researchers from academia, industry, and Federal
laboratories should coordinate efforts to prioritize research
topics, identify capital needs, and, in general, develop a
comprehensive research plan to address important scientific
and policy questions surrounding the potential effects of
such chemicals.
(c) Research Planning Report.--
(1) Report.--The Administrator, in coordination with other
Federal agencies with scientific expertise in areas relevant
to assessing the human health and ecological risks of
endocrine disrupters, shall submit to Congress, along with
the President's Budget Request for Fiscal Year 1998, a plan
for conducting research needed to objectively assess and
characterize the risk of endocrine disrupters on human health
and environment.
(2) Contents.--The plan submitted under this section shall
include--
(A) the role of each participating agency in the research
plan and the resources required by each agency to carry out
the research plan, including human and capital resources
needed to ensure that agencies have appropriate expertise,
facilities, and analytical capabilities to meet the goals of
the research plan;
(B) the mechanisms by which each agency will carry out
research, including the use of Federal laboratory facilities,
extramural grants and contracts, and cooperative research and
development agreements with universities, research centers,
and the private sector, and mechanisms to avoid duplication
of effort and for appropriate peer review, including
independent and external peer review of Federal agency
intramural research;
(C) specific research strategies and timeliness for
addressing the critical information gaps with respect to
hazard identification, dose-response assessment, and exposure
assessment; and
(D) an assessment of the current state of scientific
knowledge concerning effects of synthetic and naturally
occurring endocrine disrupters on human health and the
environment, including identification of scientific
uncertainties unlikely to be capable of significant
resolution in the near term, studies which support or fail to
support conclusions of adverse public health effects, and the
opportunity for public comment on such assessment.
(d) Savings Clause.--Nothing in this section is intended to
alter, or otherwise affect any statutory authority of the
Environmental Protection Agency or any other Federal
regulatory agency or regulate substances which may pose a
threat to the public health or the environment.
Amend the table of contents accordingly.
Page 87, lines 1 through 21, amend subsection (g) to read
as follows:
(g) Weather Service Modernization.--The Weather Service
Modernization Act (15 U.S.C. 313 note) is amended--
(1) in section 706--
(A) by amending subsection (b) to read as follows:
``(b) Certification.--The Secretary may not close,
automate, or relocate any field office unless the Secretary
has certified to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives that such action will not result
in degradation of service to the affected area. Such
certification shall be in accordance with the modernization
criteria established under section 704.'';
(B) by striking subsections (c), (d), (e), and (f); and
(C) by inserting after subsection (b) the following new
subsections:
``(c) Special Circumstances.--The Secretary may not close
or relocate any field office which is located at an airport,
if the Secretary, in consultation with the Secretary of
Transportation and the Committee, determines as a result of
an air safety appraisal that such action will result in
degradation of service that affects aircraft safety. This air
safety appraisal shall be issued jointly by the Department of
Commerce and the Department of Transportation before
September 30, 1996, and shall be based on a coordinated
review of all the airports in the United States subject to
the certification requirements of subsection (b). The
appraisal shall--
``(1) consider the weather information required to safely
conduct aircraft operations and the extent to which such
information is currently derived through manual observations
provided by the National Weather Service and the Federal
Aviation Administration, and automated observations provided
from other sources including the Automated Weather
Observation Service (AWOS), the Automated Surface Observing
System (ASOS), and the Geostationary Operational
Environmental Satellite (GOES); and
``(2) determine whether the service provided by ASOS, and
ASOS augmented where necessary by human observations,
provides the necessary level of service consistent with the
service standards encompassed in the criteria for automation
of the field offices.
``(d) Public Liaison.--The Secretary shall maintain for a
period of at least two years after the closure of any weather
office a program to--
``(1) provide timely information regarding the activities
of the National Weather Service which may affect service to
the community, including modernization and restructuring; and
``(2) work with area weather service users, including
persons associated with general aviation, civil defense,
emergency preparedness, and the news media, with respect to
the provision of timely weather warnings and forecasts.'';
and
(2) in section 707--
(A) by amendment subsection (c) to read as follows:
``(c) Duties. The Committee shall advise the Congress and
the Secretary on--
``(1) the implementation of the Strategic Plan, annual
development of the Plan, and establishment and implementation
of modernization criteria; and
``(2) matters of public safety and the provision of weather
services relate to the comprehensive modernization of the
National Weather Service.''; and
(B) by amending subsection (f) to read as follows:
``(f) Termination.--The Committee shall terminate--
``(1) on September 30, 1996; or
``(2) 90 days after the deadline for public comment on the
modernization criteria for closure certification published in
the Federal Register pursuant to section 704(b)(2),
whichever occurs later.''.
Page 20, lines 1 through 10, strike section 131. Amend the
table of contents accordingly.
Page 26, line 12, strike ``$2,167,400,000'' and insert in
lieu thereof ``$2,107,400,000''.
Page 30, line 11, strike ``$1,957,850,000'' and insert in
lieu thereof ``$2,017,850,000, of which $1,594,550,000 shall
be for personnel and related costs, $35,000,000 shall be for
travel, and $388,300,000 shall be for research operations
support''.
Page 87, after line 21, insert the following new
subsection:
(h) Bi-Agency Working Group.--The National Weather Service
is encouraged to follow through on the recommendation
contained in the document entitled ``Secretary's Report to
Congress on Adequacy of NEXRAD Coverage and Degradation of
Weather Services Under National Weather Service Modernization
for 32 Areas of Concern'', dated October 12, 1995, to
initiate a dialogue with the Federal Aviation Administration
to form a bi-agency working group to further assess the
potential for National Weather Service operational use of
Federal Aviation Administration weather radar data, and to
define engineering considerations that would be involved in
implementing a data sharing link between the Federal Aviation
Administration and the National Weather Service.
Page 83, line 1, strike ``$445,668,000'' and insert in lieu
thereof ``$450,668,000''.
Page 83, line 10, strike ``$64,991,000'' and insert in lieu
thereof ``68,984,000''.
Page 85, line 10, insert ``of which up to $116,483,000 may
be available for fiscal year 1997,'' after ``available until
expended,''.
Page 88, line 18, strike ``$308,473,000'' and insert in
lieu thereof ``$287,997,000''.
Page 89, line 22, strike ``$39,500,000'' and insert in lieu
thereof ``$19,024,000''.
Page 118, line 18, strike paragraph (3).
Page 118, line 19, through page 119, line 12, redesignate
paragraphs (4) through (11) as paragraphs (3) through (10),
respectively.
Page 137, after line 4, insert the following new sections:
SEC. 904. ROTC ACCESS TO CAMPUSES.
(a) Denial of Grants and Contracts.--(1) No funds
appropriated for civilian science activities of the Federal
Government may be provided by contract or by grant (including
a grant of funds to be available for student aid) to any
institution of higher education that, as determined by the
agency to which the funds were appropriated, in consultation
with other appropriate Federal agencies, has an anti-ROTC
policy.
(2) In the case of an institution of higher education that
is ineligible for grants and
[[Page 1293]]
contracts by reason of paragraph (1), the prohibition under
that paragraph shall cease to apply to that institution upon
a determination by the agency to which the funds were
appropriated, in consultation with other appropriate Federal
agencies, that the institution no longer has an anti-ROTC
policy.
(b) Notice of Determination.--Whenever an agency makes a
determination under subsection (a) that an institution has an
anti-ROTC policy, or that an institution previously
determined to have an anti-ROTC policy no longer has such a
policy, the agency--
(1) shall transmit notice of that determination to the
Secretary of Education and the Congress; and
(2) shall publish in the Federal Register notice of that
determination and of the effect of that determination under
subsection (a) on the eligibility of that institution for
grants and contracts.
(c) Semiannual Notice in Federal Register.--Each agency
shall publish in the Federal Register once every six months a
list of each institution of higher education that is
currently ineligible for grants and contracts by reason of a
determination of the agency under subsection (a).
(d) Anti-ROTC Policy.--In this section, the term ``anti-
ROTC policy'' means a policy or practice of an institution of
higher education that--
(1) prohibits, or in effect prevents, the maintaining or
establishing of a unit of the Senior Reserve Officer Training
Corps at that institution; or
(2) prohibits, or in effect prevents, a student at that
institution from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education, but does not include a longstanding policy of
pacifism based on historical religious affiliation.
SEC. 905. RECRUITING ON CAMPUS.
(a) Denial of Funds.--(1) No funds appropriated for
civilian science activities of the Federal Government may be
provided by grant or contract (including a grant of funds to
be available for student aid) to any institution of higher
education that, as determined by the agency to which the
funds were appropriated, in consultation with other
appropriate Federal agencies, has a policy of denying, or
which effectively prevents--
(A) entry to campuses or access to students on campuses; or
(B) access to directory information pertaining to students,
for purposes of military recruiting. This paragraph shall not
apply to a longstanding policy of pacifism based on
historical religious affiliation.
(2) In the case of an institution of higher education that
is ineligible for grants and contracts by reason of paragraph
(1), the prohibition under that paragraph shall cease to
apply to that institution upon a determination by the agency
to which the funds were appropriated, in consultation with
other appropriate Federal Agencies, that the institution no
longer has a policy described in paragraph (1).
(3) Students referred to in paragraph (1) are individuals
who are 17 years of age or older.
(b) Notice of Determination.--Whenever an agency makes a
determination under subsection (a) that an institution has a
policy described in subsection (a), or that an institution
previously determined to have such a policy no longer has
such a policy, the agency--
(1) shall transmit notice of that determination to the
Secretary of Education and the Congress; and
(2) shall publish in the Federal Register notice of that
determination and of the effect of that determination under
subsection (a) on the eligibility of that institution for
grants and contracts.
(c) Semiannual Notice in Federal Register.--Each agency
shall publish in the Federal Register once every six months a
list of each institution of higher education that is
currently ineligible for grants and contracts by reason of a
determination of the agency under subsection (a).
(d) Definition.--For purposes of this section, the term
``directory information'' means, with respect to a student,
the student's name, address, telephone listing, date and
place of birth, level of education, degrees received, and the
most recent previous educational institution enrolled in by
the student.
Amend the table of contents accordingly.
Page 137, after line 4, insert the following new title:
TITLE X--FURTHER AUTHORIZATIONS
SEC. 1001. FURTHER AUTHORIZATIONS.
There are authorized to be appropriated $90,000,000 for the
Manufacturing Extension Parternships program under sections
25 and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k and 278l) for fiscal year
1997. None of the funds authorized by this section may be
used to establish a new Center.
Amend the table of contents accordingly:
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that the yeas had
it.
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.65.27 clerk to correct engrossment
On motion of Mr. WALKER, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized to correct section numbers, cross references, and
punctuation, and to make such stylistic, clerical, technical,
conforming, and other changes as may be necessary to reflect the actions
of the House in amending the bill H.R. 3322.
para.65.28 congressional budget resolution
On motion of Mr. KASICH, by unanimous consent, the concurent
resolution (H. Con. Res. 178) establishing the congressional budget for
the United States Government for fiscal year 1997 and setting forth
appropriate budgetary levels for fiscal years 1998, 1999, 2000, 2001,
and 2002; together with the amendment of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. KASICH, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
para.65.29 motion to instruct conferees--h. con. res. 178
Mr. SABO moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H. Con. Res.
178, be instructed:
(1) to agree to the Senate-passed levels of discretionary
spending, as set by the amendment offered by Senator
Domenici;
(2) to agree to section 325 of the Senate-passed
resolution, relating to ``balance billing'' of Medicare
patients by health care providers;
(3) to agree to section 326 of the Senate-passed
resolution, relating to Federal nursing home quality
standards; and
(4) to agree to section 327 of the Senate-passed
resolution, relating to protection under the Medicaid program
against spousal impoverishment.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that the nays had
it.
Mr. SABO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
187
When there appeared
<3-line {>
Nays
205
para.65.30 [Roll No. 209]
YEAS--187
Abercrombie
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
English
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Flanagan
Ford
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
[[Page 1294]]
Rahall
Rangel
Reed
Riggs
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stenholm
Stockman
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Williams
Wise
Woolsey
Wynn
NAYS--205
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Upton
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--42
Ackerman
Barton
Becerra
Buyer
Chabot
Costello
Davis
de la Garza
Dunn
Engel
Fields (LA)
Fields (TX)
Foglietta
Gibbons
Gutknecht
Hayes
Houghton
Jefferson
Kennedy (MA)
King
Lincoln
McCarthy
McDade
Meehan
Molinari
Mollohan
Montgomery
Murtha
Nadler
Payne (NJ)
Peterson (FL)
Quillen
Quinn
Richardson
Ros-Lehtinen
Shuster
Stark
Studds
Taylor (NC)
Vucanovich
Wilson
Yates
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
para.65.31 appointment of conferees--h. con. res. 178
Thereupon, the SPEAKER pro tempore, Mr. GOODLATTE, by unanimous
consent, appointed Messrs. Kasich, Hobson, Walker, Kolbe, Shays, Herger,
Sabo, Stenholm, Ms. Slaughter, and Mr. Coyne, as managers on the part of
the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.65.32 providing for the consideration of h.r. 3540
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-601) the resolution (H. Res. 445) making appropriations for foreign
operations, export financing, and related programs for fiscal year
ending September 30, 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.65.33 permission to file report
On motion of Mr. McCOLLUM, by unanimous consent, the Committee on the
Judiciary was granted permission until 5 p.m., Friday, May 31, 1996, to
file a report on the bill (H.R. 2650) to amend title 18, United States
Code, to eliminate certain sentencing inequties for drug offenders.
para.65.34 adjournment over
On motion of Mr. McCOLLUM, by unanimous consent,
Ordered, That when the House adjourns on Friday, May 31, 1996, it
adjourn to meet on Tuesday, June 4, 1996 at 12:30 p.m. for ``morning
hour'' debates.
para.65.35 calendar wednesday business dispensed with
On motion of Mr. McCOLLUM, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
5, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.65.36 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. FIELDS of Louisiana, for today;
To Mr. HOUGHTON, for today;
To Mr. QUINN, for today after 12 noon; and
To Mr. GUTKNECHT, for today after 12:30 p.m.
And then,
para.65.37 adjournment
On motion of Mr. FOX, at 11 o'clock and 47 minutes p.m., the House
adjourned.
para.65.38 oath of office of members, resident commissioner, and
delegates
The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May 13,
1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text of
which is carried in 5 U.S.C. 3331:
``I, A B, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely; without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about to
enter. So help me God.''
has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Members of the 104th
Congress, pursuant to the provisions of 2 U.S.C. 2b:
Honorable Earl Blumenauer, Third Congressional District of Oregon.
para.65.39 reports of committee on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SPENCE: Committee on National Security. H.R. 2754. A
bill to approve and implement the OECD Shipbuilding Trade
Agreement; with an amendment (Rept. No. 104-524, Pt. 2).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. GOSS: Committee on Rules. House Resolution 445.
Resolution providing for consideration of the bill (H.R.
3540) making appropriations for foreign operations, export
financing, and related programs for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
601). Referred to the House Calendar.
para.65.40 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3107. Referred to the Committee on Ways and Means
extended for a period ending not later than June 7, 1996.
para.65.41 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. OXLEY (for himself and Mr. Manton):
H.R. 3553. A bill to amend the Federal Trade Commission Act
to authorize appropriations for the Federal Trade Commission;
to the Committee on Commerce.
By Mr. BRYANT of Tennessee (for himself, Mr. Tanner,
Mr. Hilleary, Mr. Clement, Mr. Ducan, and Mr. Wamp):
[[Page 1295]]
H.R. 3554. A bill to authorize immediate haying and grazing
during 1996 on certain lands enrolled in the conservation
reserve program in the State of Tennessee; to the Committee
on Agriculture.
By Mr. GREENWOOD:
H.R. 3555. A bill to provide for payment under the Medicare
Program for transportation costs of portable ultrasound
equipment for diagnostic tests in the same manner as payment
is made for transportation costs of portable x ray equipment;
to the Committee on Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. HANSEN:
H.R. 3556. A bill to amend the Truth in Lending Act to
require notice of cancellation rights with respect to private
mortgage insurance which is required by a creditor as a
condition for entering into a residential mortgage
transaction, and for other purposes; to the Committee on
Banking and Financial Services.
By Mr. HILLIARD:
H.R. 3557. A bill to direct the Secretary of the Interior
to convey the Marion National Fish Hatchery to the State of
Alabama; to the Committee on Resources.
By Mrs. MEEK of Florida (for herself, Mrs. Collins of
Illinois, Ms. Ros-Lehtinen, Mr. Hilliard, Mr. Diaz-
Balart, Mr. Dellums, Mr. Dixon, Ms. Millender-
McDonald, Ms. Waters, Ms. Brown of Florida, Mr.
Hastings of Florida, Mr. Johnston of Florida, Mr.
Bishop, Mr. Lewis of Georgia, Ms. McKinney, Mr. Rush,
Mr. Jackson, Mr. Fields of Louisiana, Mr. Jefferson,
Mr. Cummings, Mr. Wynn, Mr. Conyers, Miss Collins of
Michigan, Mr. Clay, Mr. Thompson, Mr. Menendez, Mr.
Payne of New Jersey, Mr. Flake, Mr. Owens, Mr.
Rangel, Mr. Towns, Mrs. Clayton, Mr. Watt of North
Carolina, Mr. Fattah, Mr. Clyburn, Ms. Jackson-Lee,
Ms. Eddie Bernice Johnson of Texas, Mr. Lantos, Mr.
Pastor, Ms. Roybal-Allard, Mr. Torres, Mr. Frazer,
and Ms. Norton):
H.R. 3558. A bill to provide for greater accuracy in the
2000 decennial census of population, and for other purposes;
to the Committee on Government Reform and Oversight, and in
addition to the Committees on Ways and Means, Agriculture,
Commerce, Economic and Educational Opportunities, and Banking
and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. NETHERCUTT (for himself and Mr. Hastings of
Washington):
H.R. 3559. A bill to amend the Internal Revenue Code of
1986 to provide a deduction for a portion of the fiscal year
1996 transitional payment under the Agricultural Market
Transition Act which is deposited into a reserve against
future farm losses; to the Committee on Ways and Means.
By Mr. RANGEL.
H.R. 3560. A bill to designate the Federal building located
at 290 Broadway in New York, NY, as the ``Ronald H. Brown
Federal Building''; to the Committee on Transportation and
Infrastructure.
By Mr. SMITH of New Jersey:
H.R. 3561. A bill to provide greater authority for the
Secretary of Veterans Affairs to share health-care resources
of the Department of Veterans Affairs, to provide enhanced
administrative flexibility in carrying out health-care
resources sharing agreements, and for other purposes; to the
Committee on Veterans' Affairs.
para.65.42 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 40: Ms. Woolsey.
H.R. 469: Mr. Watts of Oklahoma.
H.R. 580: Mr. Collins of Georgia.
H.R. 773: Mr. English of Pennsylvania.
H.R. 789: Mr. Coburn.
H.R. 974: Mr. Farr and Ms. Woolsey.
H.R. 987: Mr. Dornan.
H.R. 997: Mr. Brown of Ohio.
H.R. 1090: Mr. Ortiz, Mr. Gonzalez, and Mr. Bevill.
H.R. 1386: Mr. Sam Johnson, Mr. Longley, and Mr. Schiff.
H.R. 1406: Mr. Green of Texas.
H.R. 1425: Mrs. Chenoweth.
H.R. 1462: Mr. Bevill, Mr. Cramer, Mr. Frelinghuysen, Mr.
Roemer, Mr. Deal of Georgia, Mr. Gordon, Ms. Brown of
Florida, Mr. Johnson of South Dakota, Mr. Ward, Mr. Callahan,
Mr. Dooley, and Mr. Jackson.
H.R. 1876: Mr. Rohrabacher.
H.R. 1946: Mr. Lucas, Mr. Traficant, Mr. Brownback, and Mr.
Burton of Indiana.
H.R. 1972: Mr. Montgomery and Mr. Nussle.
H.R. 2026: Mr. Murtha, Mr. Brown of California, Mr.
Everett, Mr. Hunter, Mr. Coble, Mr. Wamp, Mr. Bono, Mr.
Doolittle, Mr. Bonilla, Mr. Watts of Oklahoma, Mr. Upton, Mr.
Ramstad, Mr. Pombo, Mr. Ackerman, Mr. Torkildsen, Mr.
Hancock, and Mr. Souder.
H.R. 2144: Mr. McInnis.
H.R. 2247: Mr. LaTourette and Mr. Solomon.
H.R. 2320: Mr. Deutsch, Mr. Crapo, Ms. Ros-Lehtinen, and
Mr. McHugh.
H.R. 2400: Mr. Gordon and Mr. Nethercutt.
H.R. 2508: Mr. Rohrabacher.
H.R. 2548: Mr. Romero-Barcelo.
H.R. 2566: Mr. McHale.
H.R. 2579: Mr. Horn, Mr. Baldacci, Ms. Slaughter, Mr.
Pomeroy, and Mr. Sanders.
H.R. 2587: Mr. Weldon of Pennsylvania.
H.R. 2598: Mr. Bereuter.
H.R. 2607: Mr. Romero-Barcelo.
H.R. 2751: Mr. Borski.
H.R. 2757: Mr. Neal of Massachusetts, Ms. Slaughter, Mr.
Torkildsen, and Mr. Gilman.
H.R. 2807: Ms. McKinney, Mr. Bilbray, Mr. Largent, and Mr.
Bereuter.
H.R. 2834: Mr. Frost.
H.R. 2844: Mr. Stupak, Mr. Dellums, Mrs. Kennelly, Mr.
Foley, Mr. LaFalce, and Mr. Borski.
H.R. 2900: Mr. Wamp, Mr. Gallegly, Mr. Barton of Texas, Mr.
Spratt, Mr. Hoyer, Mr. Hansen, Mr. Luther, Mr. Klug, Mr.
Barrett of Wisconsin, Mr. Green of Texas, Mr. Oxley, Mr.
Walsh, Mr. Tanner, Mr. Pomeroy, and Mr. McCrery.
H.R. 2911: Mr. Taylor of North Carolina.
H.R. 2925: Mr. Longley and Mr. Deal of Georgia.
H.R. 2927: Mr. Calvert.
H.R. 2943: Mr. Kennedy of Rhode Island.
H.R. 2951: Mr. Sanders, Mr. Flake, Mr. Berman, and Mr.
Olver.
H.R. 2958: Mr. Peterson of Minnesota.
H.R. 2976: Mr. Klink, Mr. Martinez, Mr. Brown of
California, and Mr. Nussle.
H.R. 2995: Mr. Gilman and Mr. McDermott.
H.R. 3079: Mr. Norwood.
H.R. 3118: Mr. Scarborough and Mrs. Lowey.
H.R. 3119: Mr. McDermott, Mr. Longley, Mr. English of
Pennsylvania, Mrs. Lowey, and Mrs. Thurman.
H.R. 3138: Mr. Johnston of Florida.
H.R. 3142: Mr. Gillmor, Ms. Slaughter, and Mrs. Myrick.
H.R. 3147: Mr. Condit.
H.R. 3167: Mr. Camp.
H.R. 3187: Mr. Shays, Mr. Evans, Mr. Flake, Ms. McKinney,
Mr. Bishop, Ms. Millender-McDonald, Mr. Jackson, Mr. Lewis of
Georgia, Mr. Hastings of Florida, Mr. Watt of North Carolina,
Mr. Stokes, Mr. Clay, Ms. Waters, Mr. Rush, Mr. Fazio of
California, Mr. Gutierrez, Mrs. Clayton, Ms. Jackson-Lee,
Mrs. Meek of Florida, Mr. Scott, Mr. McNulty, Mr. Richardson,
Mr. Green of Texas, and Mr. Coleman.
H.R. 3195: Mr. Coble, Mr. Kingston, and Mr. Deal of
Georgia.
H.R. 3203: Mr. Horn, Mr. Torres, Mr. Filner, Mr. Metcalf,
and Mrs. Smith of Washington.
H.R. 3204: Mr. Horn, Mr. Torres, Mr. Filner, Mr. Metcalf,
and Mrs. Smith of Washington.
H.R. 3205: Mr. Horn, Mr. Torres, Mr. Filner, Mr. Metcalf,
and Mrs. Smith of Washington.
H.R. 3247: Mr. Sanders, Mr. Frank of Massachusetts, and Ms.
Furse.
H.R. 3252: Ms. Kaptur, Ms. Norton, Mrs. Meek of Florida,
Mr. Conyers, and Mr. Bonior.
H.R. 3293: Ms. Roybal-Allard and Mrs. Morella.
H.R. 3310: Mr. Barrett of Nebraska and Mr. Miller of
Florida.
H.R. 3311: Mr. Klink.
H.R. 3331: Ms. Slaughter, Ms. Kaptur, Mr. Bentsen, Ms.
Woolsey, Mr. Gutierrez, Mr. Flake, Mr. Calvert, and Mr.
Romero-Barcelo.
H.R. 3332: Ms. DeLauro and Ms. Brown of Florida.
H.R. 3357: Mr. Yates, Mrs. Schroeder, Mrs. Maloney, Mr.
Frost, Mr. Wynn, Mr. Dellums, Mr. Filner, and Ms. Lofgren.
H.R. 3358: Mr. Yates, Mrs. Schroeder, Mrs. Maloney, Mr.
Frost, Mr. Wynn, Mr. Dellums, Mr. Filner, Ms. Lofgren, and
Mrs. Maloney.
H.R. 3359: Mr. Yates, Mrs. Schroeder, Mr. Frost, Mr. Wynn,
Mr. Dellums, Mr. Filner, and Ms. Lofgren.
H.R. 3360: Mr. Yates, Mrs. Schroeder, Mrs. Maloney, Mr.
Frost, Mr. Wynn, Mr. Dellums, Mr. Filner, and Ms. Lofgren.
H.R. 3361: Mr. Yates, Mrs. Schroeder, Mrs. Maloney, Mr.
Frost, Mr. Wynn, Mr. Dellums, Mr. Filner, and Ms. Lofgren.
H.R. 3362: Ms. Roybal-Allard, Ms. Jackson-Lee, and Mr.
Holden.
H.R. 3379: Ms. Furse.
H.R. 3391: Mr. Roemer, Mr. Whitfield, and Mr. Porter.
H.R. 3396: Mr. Smith of Texas, Mr. McInnis, Mr. Hutchinson,
Mr. Christensen, Mr. Scarborough, Mr. Brownback, Mr. Baker of
California, Mr. Chambliss, Mr. Young of Alaska, Mr. Metcalf,
Mr. Gutknecht, Mr. Heineman, Mr. Hoekstra, Mr. Jones, Mr.
Wamp, Mr. Lewis of Kentucky, Ms. Greene of Utah, Mrs.
Seastrand, Mr. Hoke, Mr. Kim, and Mrs. Cubin.
H.R. 3421: Mr. Clement.
H.R. 3431: Mr. Coburn.
H.R. 3443: Mr. Manton, Ms. Slaughter, Mr. Rahall, Mr. Green
of Texas, Mr. Nadler, Mr. Deutsch, Mr. Yates, Mr. Flake, Mrs.
Johnson of Connecticut, Mr. Pallone, and Mrs. Clayton.
H.R. 3447: Mr. Brownback, Mr. Linder, Mr. Hancock, and Mr.
Miller of Florida.
H.R. 3449: Mr. Tejeda.
H.R. 3451: Mr. Canady, Mr. Sensenbrenner, and Mr. Calvert.
H.R. 3468: Mr. Horn, and Mr. Vento.
H.R. 3496: Mr. Jacobs.
H.R. 3508: Mr. Foley, Mr. Miller of Florida, and Mr.
Romero-Barcelo.
H.R. 3511: Mr. Boucher, Ms. Eddie Bernice Johnson of Texas,
Mr. Hilliard, Ms. Norton, and Ms. Lofgren.
[[Page 1296]]
H.R. 3525: Mr. Heineman.
H.R. 3527: Mr. Brown of California.
H. Con. Res. 10: Mr. Edwards.
H. Con. Res. 47: Mr. Rose, Mrs. Clayton, and Mr. Jones.
H. Con. Res. 100: Mr. Ballenger, Mr. Barr, Mr. Bliley, Mr.
Bono, Mr. Burton of Indiana, Mr. Calvert, Mr. Collins of
Georgia, Ms. Dunn of Washington, Mr. Fields of Texas, Mr.
Hobson, Mr. Linder, Mr. Mica, Mr. Ney, Mr. Stump, Mr.
Torkildsen, Mrs. Vucanovich, and Mr. Weller.
H. Con. Res. 181: Mr. Combest.
H. Res. 429: Mr. Frank of Massachusetts, Mr. Scarborough,
Mr. Brown of Ohio, and Mr. Traficant.
H. Res. 439: Mr. Foley.
H. Res. 441: Mr. Ney, Mr. Romero-Barcelo, Mr. Levin, Mr.
Manton, and Mr. Torkildsen.
.
FRIDAY, MAY 31, 1996 (66)
para.66.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. LaHOOD,
who laid before the House the following communication:
Washington, DC,
May 31, 1996.
I hereby designate the Honorable Ray LaHood to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.66.2 approval of the journal
The SPEAKER pro tempore, Mr. LaHOOD, announced he had examined and
approved the Journal of the proceedings of Thursday, May 30, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
And then,
para.66.3 adjournment
On motion of Mr. MONTGOMERY, pursuant to the special order agreed to
on Thursday, May 30, 1996, at 9 o'clock and 9 minutes a.m., the House
adjourned until 12:30 p.m. on Tuesday, June 4, 1996.
para.66.4 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, report of committee was delivered to the
Clerk for printing and reference to the proper calendar, as follows:
Mr. McCOLLUM: Committee on the Judiciary. H.R. 2650. A bill
to amend title 18, United States Code, to eliminate certain
sentencing inequities for drug offenders; with an amendment
(Rept. No. 104-602). Referred to the Committee of the Whole
House on the State of the Union.
.
TUESDAY, JUNE 4, 1996 (67)
para.67.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. COBLE, who laid before the House the following
communication:
Washington, DC,
June 4, 1996.
I hereby designate the Honorable Howard Coble to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.67.2 recess--1:02 p.m.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.67.3 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. UPTON, called the House to order.
para.67.4 approval of the journal
The SPEAKER pro tempore, Mr. UPTON, announced he had examined and
approved the Journal of the proceedings of Friday, May 31, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.67.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3295. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Idaho-Eastern Oregon Onions; Assessment Rate (Docket No.
FV96-958-21FR) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3296. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final fule--
Oregon-California Potatoes; Assessment Rate (Docket No. FV96-
947-1IFR) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3297. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Southeastern Potatoes; Assessment Rate (Docket No. FV96-953-
1IFR) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3298. A letter from the Assistant Secretary of Defense,
transmitting the Department's report entitled ``Off-The-Shelf
Systems'' a supplemental report to the section 366 National
Defense Authorization Act, fiscal year 1996 report, which was
submitted April 16, 1996, and numbered EC2378, pursuant to
Public Law 104-106, section 366(c)(1) (110 Stat. 276); to the
Committee on National Security.
3299. A letter from the Secretary of Defense, transmitting
notification that the Secretary has approved the retirement
of Lt. Gen. Arthur E. Williams, U.S. Army, on the retired
list in the grade of lieutenant general, and certification
that General Williams has served satisfactorily on active
duty in his current grade; to the Committee on National
Security.
3300. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 13th monthly report as required by
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
3301. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Reserve's final rule--
Regulation E, Electronic Fund Transfers [Docket No. R-0830]
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
3302. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Reserve's final rule--
Amendments to the Bank Secrecy Act Regulations Relating to
the Recordkeeping for Funds Transfers and Transmittals of
Funds by Financial Institutions [Docket No. R-0807] (RIN:
1505-AA37) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
3303. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
1836, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
3304. A letter from the Acting Commissioner, National
Center for Education Statistics, transmitting the annual
statistical report of the National Center for Education
Statistics [NCES] entitled ``The Condition of Education,''
pursuant to 20 U.S.C. 9005; to the Committee on Economic and
Educational Opportunities.
3305. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Nevada; Final
Authorization of State Hazardous Waste Management Programs
Revisions (FRL-5510-9) received May 31, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3306. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Acid Rain Program;
Elimination of Direct Sale Program and IPP Written Guarantee
(FRL-5513-4) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3307. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Hazardous Waste
Treatment, Storage, and Disposal Facilities and Hazardous
Waste Generators; Organic Air Emission Standards for Tanks,
Surface Impoundments and Containers (Amendment of final rule
to postpone requirements) (FRL-5509-4) received June 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3308. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of the Commission's Rules to Conform
the Maritime Service Rules to the Provisions of the
Telecommunications Act of 1996 (FCC 96-156) received May 21,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3309. A letter from the Secretary of Energy, transmitting
the annual report on the activities of the Office of Alcohol
Fuels, pursuant to 42 U.S.C. 8818(c)(2); to the Committee on
Commerce.
3310. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
3311. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's report pursuant to title II of Public Law 104-
107 (Nonproliferation and Disarmament Fund [NDF] activities);
to the Committee on International Relations.
3312. A letter from the Secretary of the Interior,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 31, 1996, together with the Secretary's report on audit
followup, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section
5(b); to the Committee on Government Reform and Oversight.
3313. A letter from the Chairman, Council of the District
of Columbia, transmitting a
[[Page 1297]]
copy of D.C. Act 11-269, ``Omnibus Sports Consolidation Act
Amendment Act of 1996'' received June 3, 1996, pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
3314. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-270, ``Public
Utilities Board of Directors Amendment Act of 1996'' received
June 3, 1996, pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on Government Reform and Oversight.
3315. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-271,
``District of Columbia Income and Franchise Tax Act of 1947
Conformity Amendment Act of 1996'' received June 3, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
3316. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-272, ``Child
Support Enforcement Temporary Amendment Act of 1996''
received June 3, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
3317. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-273,
``Department of Corrections Privatization Facilitation
Temporary Act of 1996'' received June 3, 1996, pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
3318. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-274,
``Business and Nonprofit Corporation Five-Year Annual Report
Act Suspension Temporary Amendment Act of 1996'' received
June 3, 1996, pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on Government Reform and Oversight.
3319. A letter from the Director for Executive Budgeting
and Assistance Management, Department of Commerce,
transmitting the Department's final rule--Uniform
Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments (RIN: 0605-AA10)
received May 28, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3320. A letter from the Chairman, Board of Governors,
Federal Reserve Systems, transmitting the semiannual report
on activities of the inspector general for the period October
1, 1995, through March 31, 1996, and the semiannual
management report for the same period, pursuant to 5 U.S.C.
app. (Insp. Gen. Act) section 5(b); to the Committee on
Government Reform and Oversight.
3321. A letter from the Director, Office of Personnel
Management, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1995,
through March 31, 1996, and the management response for the
same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3322. A letter from the Chairman, Board of Directors,
Panama Canal Commission, transmitting the semiannual report
on activities of the inspector general for the period October
1, 1995, through March 31, 1996, also the Commission's
statistical tables and accompanying comments on audit reports
for the same period, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) section 5(b); to the Committee on Government Reform and
Oversight.
3323. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to authorize
subsistence payment for employees performing certain duties;
to the Committee on Government Reform and Oversight.
3324. A letter from the Director, United States Information
Agency, transmitting the semiannual report on activities of
the inspector general for the period October 1, 1995, through
March 31, 1996, and the semiannual management report for the
same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3325. A letter from the Chairman, U.S. International Trade
Commission, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1995,
through March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) section 5(b); to the Committee on Government Reform and
Oversight.
3326. A letter from the Secretary of the Interior,
transmitting the 25th annual report of the actual operation
during water year 1995 for the reservoirs along the Colorado
River; projected plan of operation for water year 1996,
pursuant to 43 U.S.C. 1552(b); to the Committee on Resources.
3327. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Glacier Bay National Park,
Alaska: Vessel Management Plan Regulations (National Park
Service) (RIN: 1024-AC05) received May 30, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3328. A letter from the Program Management Officer,
National Oceanic and Atmospheric Administration, transmitting
the Service's final rule--General Provisions for Domestic
Fisheries; Amendment of Emergency Fishing Closure in Block
Island Sound [Docket No. 960126016-6105-03; I.D. 040896B]
received June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3329. A letter from the Program Management Officer,
National Oceanic and Atmospheric Administration, transmitting
the Service's final rule--General Provisions for Domestic
Fisheries; Amendment to Closure for American Lobster in Block
Island Sound [Docket No. 960126016-6149-05; I.D. 052196G]
received June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3330. A letter from the Secretary of the Interior,
transmitting notification of the Secretary's decision to
waive the 20-percent limitation for projects in the State of
California (the San Sevaine Creek Water Project) notification
received May 29, 1996; to the Committee on Resources.
3331. A letter from the Secretary of the Interior,
transmitting notification that the County of San Bernardino
(San Sevaine Creek Water Project) has applied for financial
assistance under the Small Reclamation Projects Act of 1956
(70 Stat. 1044), as amended, to provide flood protection, up
to 25,000 acre-feet of annual ground-water recharge to the
Chino Groundwater Basin, and direct benefit to an
agricultural area of 29,500 acres; to the Committee on
Resources.
3332. A letter from the Assistant Attorney General of the
United States, transmitting a draft of proposed legislation
to strengthen Federal child protection laws; to the Committee
on the Judiciary.
3333. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Certification of Designated Fingerprinting Services
[INS No. 1666-94] (RIN: 1115-AD75) received May 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
3334. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Continued Rotation and Rotor Locking Tests, and Vibration and
Vibration Tests (Federal Aviation Administration) (RIN: 2120-
AF57) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3335. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Child Restraint Systems (Federal Aviation Administration)
(RIN: 2120-AF52) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3336. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--IFR
Altitudes; Miscellaneous Amendments (53)--Amendment No. 396
(Federal Aviation Administration) (RIN: 2120-AF63) (1996-
0003) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3337. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Tallulah, LA--Docket No.
95-ASW-12 (Federal Aviation Administration) (RIN: 2120-AF66)
(1996-0041) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3338. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Las Vegas, NM--Docket No. 95-
ASW-311 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0032) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3339. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Dumas, TX--Docket No. 95-ASW-30
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0031) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3340. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Brownfield, TX--Docket No. 95-
ASW-29 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0030) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3341. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Hobbs, NM--Docket No. 95-ASW-28
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0040) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3342. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Deming, NM--Docket No. 95-ASW-
27 (Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0027) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3343. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Carlsbad, NM--Docket No. 95-
ASW-26 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0039) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3344. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Belen, NM--Docket No. 95-ASW-25
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0038) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3345. A letter from the General Counsel, Department of
Transportation, transmitting
[[Page 1298]]
the Department's final rule--Revision of Class E Airspace;
Mena, AR--Docket No. 95-ASW-24 (Federal Aviation
Administration) (RIN: 2120-AA66) (1996-0034) received June 3,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3346. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Galliano LA--Docket No.
95-ASW-23 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0033) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3347. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Marshall, TX--Docket No. 95-
ASW-22 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0048) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3348. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Livingston, TX--Docket No.
95-ASW-21 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0047) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3349. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Midlothian-Waxahaclie,
TX--Docket No. 95-ASW-19 (Federal Aviation Administration)
(RIN: 2120-AA66) (1996-0051) received June 3, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3350. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Reserve, LA--Docket No.
95-ASW-16 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0049) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3351. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Gainesville, TX--Docket No. 95-
ASW-151 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0044) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3352. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Hondo, TX--Docket No. 95-ASW-14
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0043) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3353. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Santa Fe, NM--Docket No. 95-
ASW-13 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0042) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3354. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Docket No. 95-NM-172-AD) (RIN: 2120-AA64) received
June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3355. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech (Raytheon) Model BAe 125
Series 1000A and Model Hawker 1000 Airplanes (Docket No. 95-
NM-180-AD) (RIN: 2120-AA64) received June 3, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3356. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9-80
Series Airplanes, Model MD-88, and MD-90 Airplanes (Docket
No. 95-NM-188-AD) (RIN: 2120-AA64) received June 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3357. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Exemption From
Regulation--Boxcar Traffic Filing (STB Ex Parte No. 548) (49
CFR Part 1039) received June 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3358. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Loan Guaranty: Miscellaneous (RIN:
2900-AI01) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3359. A communication from the President of the United
States, transmitting notification of his determination that a
continuation of a waiver currently in effect for the People's
Republic of China will substantially promote the objective of
section 402 of the Trade Act of 1974--received in the United
States House of Representatives May 31, 1996, pursuant to 19
U.S.C. 2432(c) and (d) (H. Doc. No. 104-223); to the
Committee on Ways and Means and ordered to be printed.
3360. A communication from the President of the United
States, transmitting notification of his determination that a
continuation of a waiver currently in effect for Albania,
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Mongolia, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan will substantially promote the
objectives of section 402 of the Trade Act of 1974--received
in the United States House of Representatives June 3, 1996,
pursuant to 19 U.S.C. 2432(c) and (d) (H. Doc. No. 104-224);
to the Committee on Ways and Means and ordered to be printed.
3361. A letter from the Chief, Regulations Branch, U.S.
Customs Service, Department of the Treasury, transmitting the
Department's final rule--Removal of Toshiba Sanction
Regulations (U.S. Customs Service) (RIN: 1515-AB96) received
May 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3362. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Enterprise Zone Facility Bonds (RIN: 1545-AM01) received May
30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
3363. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Section 1033.--Involuntary Conversions (Revenue Ruling 96-32)
received May 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
3364. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Form
5300 Series, Schedule Q (Announcement 96-53) received June 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
3365. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Section 472.--Last-in, First-out Inventories (Revenue Ruling
96-31) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3366. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Administrative, Procedural, and Miscellaneous (Revenue
Procedure 96-35) received May 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3367. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the Department's intent to reprogram $0.5
million in fiscal year 1996 funds made available under
chapter 6 of Part II of the FAA, as amended for
administrative and operations support for the International
Customs Observer Mission [ICOM] in Bosnia, pursuant to 22
U.S.C. 2394-1(a) and Public Law 104-107, section 515 (110
Stat. 726); jointly, to the Committees on International
Relations and Appropriations.
3368. A letter from the General Counsel of the Department
of Defense, transmitting a draft of proposed legislation to
assist in the reform of travel management in the Federal
Government; jointly, to the Committees on Government Reform
and Oversight and Science.
para.67.6 va medical facilities construction
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3376) to
authorize major medical facility projects and major medical facility
leases for the Department of Veterans Affairs for fiscal year 1997, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.67.7 mandatory federal prison drug treatment
Mr. HEINEMAN moved to suspend the rules and pass the bill (H.R. 2650)
to amend title 18, United States Code, to eliminate certain sentencing
inequities for drug offenders; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. HEINEMAN and Mrs.
SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
[[Page 1299]]
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.67.8 anticounterfeiting consumer protection
Mr. MOORHEAD moved to suspend the rules and pass the bill (H.R. 2511)
to control and prevent commercial counterfeiting, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. MOORHEAD and Mrs.
SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
On motion of Mr. MOORHEAD, by unanimous consent, the bill of the
Senate (S. 1136) to control and prevent commercial counterfeiting, and
for other purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. MOORHEAD submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 2511, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
When on motion of Mr. MOORHEAD, it was,
Resolved, That pursuant to clause 1, rule XX, the House insist upon
its amendment and request a conference with the Senate on the
disagreeing votes of the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. UPTON, by unanimous consent,
appointed Messrs. Hyde, Moorhead, Goodlatte, Conyers, and Mrs.
Schroeder, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 2511, a similar House bill, was laid on the
table.
para.67.9 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.67.10 copyright clarification
Mr. MOORHEAD moved to suspend the rules and pass the bill (H.R. 1861)
to make technical corrections in the Satellite Home Viewer Act of 1994
and other provisions of title 17, United States Code; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. MOORHEAD and Mrs.
SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.67.11 boating and aviation operation safety
Mr. GEKAS moved to suspend the rules and pass the bill (H.R. 234) to
amend title II of the United States Code to make nondischargeable a debt
for death or injury caused by the debtor's operation of watercraft or
aircraft while intoxicated; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GEKAS and Mr. REED,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.67.12 administrative dispute resolution
Mr. GEKAS moved to suspend the rules and pass the bill (H.R. 2977) to
reauthorize alternative means of dispute resolution in the Federal
administrative process, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. GEKAS and MR. REED,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.67.13 office of government ethics authorization
Mr. CANADY moved to suspend the rules and pass the bill (H.R. 3235) to
amend the Ethics in Government Act of 1978, to extend the authorization
of appropriations for the Office of Government Ethics for 3 years, and
for other purposes.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. CANADY and Mr.
FRANK of Massachusetts, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.67.14 agriculture disaster reserve commodities disposal
Mr. BARRETT of Nebraska moved to suspend the rules and agree to the
following concurrent resolution (H. Con. Res. 181); as amended:
Resolved by the House of Representatives (the Senate
concurring), That, in light of the prolonged drought and
other adverse weather conditions existing in certain areas of
the United States, the Secretary of Agriculture should
promptly dispose of all commodities in the disaster reserve
maintained under section 813 of the Agricultural Act of 1970
(7 U.S.C. 1427a) to relieve the distress of livestock
producers whose ability to maintain livestock is adversely
affected by the disaster conditions, such as prolonged
drought or flooding.
The SPEAKER pro tempore, Mr. UPTON, recognized Mr. BARRETT of Nebraska
and Mr. STENHOLM, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that two-thirds of the
Members present had voted in the affirmative.
[[Page 1300]]
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution expressing the Sense of Congress that the
Secretary of Agriculture should dispose of all remaining commodities in
the disaster reserve maintained under the Agricultural Act of 1970 to
relieve the distress of livestock producers whose ability to maintain
livestock is adversely affected by disaster conditions existing in
certain areas of the United States, such as prolonged drought or
flooding.''.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.67.15 message from the president--export administration
The SPEAKER pro tempore, Mr. UPTON, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
As required by section 204 of the International Emergency Economic
Powers Act (50 U.S.C. 1703(c)) and section 401(c) of the National
Emergencies Act (50 U.S.C. 1641(c)), I transmit herewith a 6-month
periodic report on the national emergency declared by Executive Order
No. 12924 of August 19, 1994, to deal with the threat to the national
security, foreign policy, and economy of the United States caused by the
lapse of the Export Administration Act of 1979.
William J. Clinton.
The White House, June 4, 1996.
The message, together with the accompanying papers, was referred to
the Committee on International Relations and ordered to be printed (H.
Doc. 104-225).
para.67.16 adjournment
On motion of Mr. OWENS, at 7 o'clock and 5 minutes p.m., the House
adjourned.
para.67.17 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 848. A
bill to increase the amount authorized to be appropriated for
assistance for highway relocation regarding the Chickamauga
and Chattanooga National Military Park in Georgia; with an
amendment (Rept. No. 104-603). Referred to the Committee of
the Whole House on the State of the Union.
para.67.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. NEUMANN (for himself, Mr. Klug, Mr. Gunderson,
Mr. Petri, Mr. Roth, and Mr. Sensenbrenner):
H.R. 3562. A bill to authorize the State of Wisconsin to
implement the demonstration project known as ``Wisconsin
Works''; to the Committee on Ways and Means, and in addition
to the Committees on Agriculture, Economic and Educational
Opportunities, and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SHUSTER (for himself and Mr. Oberstar) (both by
request):
H.R. 3563. A bill to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. GILMAN (for himself, Mr. Bereuter, Mr.
Gejdenson, Mr. Hyde, Mr. Lipinski, Mr. Solomon, Mr.
Oberstar, Mr. Cox, Ms. Kaptur, Mr. Leach, Mrs.
Maloney, Mr. Zimmer, Mr. Smith of New Jersey, Mr.
Torricelli, Mr. Brownback, Ms. Lofgren, Mr. Hoke, Mr.
Pallone, Mr. Quinn, Mr. Holden, Mr. Kim, Mr.
Hostettler, Mr. Gallegly, and Mr. King):
H.R. 3564. A bill to amend the NATO Participation Act of
1994 to expedite the transition to full membership in the
North Atlantic Treaty Organization of emerging democracies in
Central and Eastern Europe; to the Committee on International
Relations, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McCOLLUM (for himself, Mr. Hyde, Mr. Cunningham,
Mr. Coble, Mr. Buyer, Mr. Heineman, and Mr. Bryant of
Tennessee):
H.R. 3565. A bill to amend title 18, United States Code,
with respect to juvenile offenders, and for other purposes;
to the Committee on the Judiciary, and in addition, to the
Committee on Economic and Educational Opportunities, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BARRETT of Wisconsin:
H.R. 3566. A bill to expand the definition of limited tax
benefit for purposes of the Line Item Veto Act; to the
Committee on Government Reform and Oversight, and in addition
to the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BEREUTER:
H.R. 3567. A bill to fully capitalize the deposit insurance
funds, to provide regulatory relief for insured depository
institutions and depository institution holding companies,
and for other purposes; to the Committee on Banking and
Financial Services.
By Mr. CLINGER:
H.R. 3568. A bill to designate 51.7 miles of the Clarion
River, located in Pennsylvania, as a component of the
National Wild and Scenic Rivers System; to the Committee on
Resources.
By Mr. COX (for himself, Mr. Gilman, Mr. Solomon, Mr.
Torricelli, Mr. Lantos, Mr. Smith of New Jersey, Mr.
Royce, Mr. Burton of Indiana, Mr. Scarborough, Mr.
Funderburk, Mr. Brown of Ohio, Mr. Dornan, Mr.
Rohrabacher, and Mr. Bono):
H.R. 3569. A bill to provide that most-favored-nation
trading status for the People's Republic of China may
continue provided that Taiwan is admitted to the World Trade
Organization by March 1, 1997; to the Committee on Ways and
Means.
By Mrs. KELLY:
H.R. 3570. A bill to amend the Internal Revenue Code of
1986 to provide that gain on the sale of a principal
residence shall be excluded from gross income without regard
to the age of the taxpayer or the amount of the gain; to the
Committee on Ways and Means.
By Mr. KING:
H.R. 3571. A bill to amend title 18, United States Code, to
protect the sanctity of religious communications; to the
Committee on the Judiciary.
By Mr. LEWIS of Kentucky:
H.R. 3572. A bill to designate the bridge on U.S. Route 231
which crosses the Ohio River between Maceo, KY, and Rockport,
IN, as the ``William H. Natcher Bridge''; to the Committee on
Transportation and Infrastructure.
By Mr. MENENDEZ:
H.R. 3573. A bill to amend the Oil Pollution Act of 1990 to
make the act more effective in preventing oil pollution in
the Nation's waters through enhanced prevention of, and
improved response to, oil spills, and to ensure that citizens
and communities injured by oil spills are promptly and fully
compensated, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mrs. MORELLA:
H.R. 3574. A bill to amend title 5, United States Code, to
provide for the termination of any rights that a former
spouse may have, in connection with receiving any portion of
an annuity of a retired Federal employee, by reason of the
remarriage of the former spouse; to the Committee on
Government Reform and Oversight.
By Mr. RICHARDSON (for himself and Mr. Skeen):
H.R. 3575. A bill to amend the Agricultural Market
Transition Act to include native pasture for livestock among
the list of crops specifically identified as eligible for
noninsured crop disaster assistance; to the Committee on
Agriculture.
By Mr. ROEMER:
H.R. 3576. A bill to designate the U.S. courthouse located
at 401 South Michigan Street in South Bend, IN, as the
``Robert Kurtz Rodibaugh United States Courthouse''; to the
Committee on Transportation and Infrastructure.
By Mr. SOLOMON (for himself, Mr. Gilman, and Mr. Cox):
H.R. 3577. A bill to oppose the provision of assistance to
the People's Republic of China by any international financial
institution; to the Committee on Banking and Financial
Services.
para.67.19 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 713: Mr. Fazio of California.
H.R. 789: Mr. McIntosh.
H.R. 820: Mr. Schiff, Mr. Bryant of Texas, Mr. Camp, Ms.
Kaptur, Mr. Beilenson, Mr. Barton of Texas, Mr. Evans, Ms.
DeLauro, Mr. Chabot, Mr. Brown of California, and Mr.
Hastings of Florida.
H.R. 1046: Ms. Brown of Florida, Mr. Flake, and Mr. Rangel.
H.R. 1073: Mr. Coble and Ms. Roybal-Allard.
H.R. 1074: Ms. Roybal-Allard.
H.R. 1464: Mr. Campbell.
[[Page 1301]]
H.R. 1656: Ms. Roybal-Allard.
H.R. 1733: Ms. Slaughter.
H.R. 1757: Mr. LaFalce.
H.R. 1758: Mr. Green of Texas.
H.R. 1776: Mr. Johnson of South Dakota and Mr. Everett.
H.R. 1797: Mr. Cummings.
H.R. 2270: Mrs. Seastrand.
H.R. 2566: Mr. Waxman.
H.R. 2665: Mr. Manton.
H.R. 2745: Ms. Brown of Florida, Ms. McKinney, and Mr.
Horn.
H.R. 2748: Mr. Hilliard, Mr. Minge, Mr. Evans, Mr. Durbin,
Mr. Olver, and Mr. Sanders.
H.R. 2749: Mr. Hastert.
H.R. 2779: Mrs. Clayton, Ms. Slaughter, and Mr. Barr.
H.R. 2827: Mr. Frelinghuysen.
H.R. 2834: Mr. Flake.
H.R. 2849: Mr. Hinchey and Mr. LaFalce.
H.R. 2994: Mr. Boucher.
H.R. 3078: Mr. Funderburk, Mr. Schaefer, and Mr. Boehner.
H.R. 3083: Mr. Romero-Barcelo.
H.R. 3118: Mr. Saxton.
H.R. 3178: Mr. Gejdenson and Mr. Johnson of South Dakota.
H.R. 3222: Mrs. Clayton and Mr. Beilenson.
H.R. 3226: Mr. Ward, Mr. Ganske, Mr. Dooley, Ms. Rivers,
Mr. Cummings, and Mr. Manton.
H.R. 3241: Mr. Romero-Barcelo.
H.R. 3246: Mr. Durbin.
H.R. 3267: Miss Collins of Michigan and Mr. Miller of
California.
H.R. 3280: Mr. Evans, Mr. Gejdenson, Mr. Levin, and Mr.
Reed.
H.R. 3337: Mr. Rangel and Mrs. Lowey.
H.R. 3393: Mr. Talent.
H.R. 3401: Mr. Miller of California, Mrs. Clayton, Mr.
Flake, Mr. Boehlert, and Ms. DeLauro.
H.R. 3430: Mr. Stupak and Mr. Peterson of Minnesota.
H.R. 3445: Mrs. Lowey and Mr. Manton.
H.R. 3460: Ms. Slaughter.
H.R. 3521: Ms. Eddie Bernice Johnson of Texas, Mr. Frazer,
Mr. Cummings, Mr. Frost, Mr. Rangel, Mr. Manton, Mr. Payne of
New Jersey, Mr. Watts of Oklahoma, Mr. Towns, and Mr. Wynn.
H.R. 3551: Mr. Smith of New Jersey, Mr. Jones, and Mr.
Torricelli.
H.R. 3554: Mr. Gordon and Mr. Quillen.
H. Con. Res. 10: Mr. Weldon of Pennsylvania.
H. Con. Res. 26: Mr. Kennedy of Rhode Island, Mr. Kennedy
of Massachusetts, Mr. Cummings, and Mrs. Kennelly.
H. Con. Res. 47: Mr. Doolittle and Mr. Quinn.
H. Con. Res. 51: Mr. Torricelli, Mr. Bunning of Kentucky,
and Mr. Cunningham.
H. Con. Res. 145: Mr. Torricelli and Mr. Horn.
H. Con. Res. 156: Mr. Coleman.
H. Con. Res. 181: Mr. Bonilla, Mr. Johnson of South Dakota,
Mr. Minge, Mr. Peterson of Minnesota, Mrs. Clayton, Mr. Rose,
Mr. Pomeroy, and Mr. Stenholm.
H. Res. 439: Mr. Gunderson.
.
WEDESDAY, JUNE 5, 1996 (68)
para.68.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HEFLEY,
who laid before the House the following communication:
Washington, DC,
June 5, 1996.
I hereby designate the Honorable Joel Hefley to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.68.2 approval of the journal
The SPEAKER pro tempore, Mr. HEFLEY, announced he had examined and
approved the Journal of the proceedings of Tuesday, June 4, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.68.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3369. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Tobacco Inspection; Growers' Referendum Results [Docket No.
TB-95-18] received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3370. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Papayas Grown in Hawaii; Assessment Rate (FV-96-928-1 IFR)
received May 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3371. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's 1995 annual report on military expenditures for
countries receiving U.S. assistance, pursuant to section
511(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993; to the Committee
on Appropriations.
3372. A letter from the Secretary of Defense, transmitting
the Secretary's certification that the current Future Years
Defense Program [FYDP] fully funds the support costs
associated with the C-17 multiyear program through the period
covered by the FYDP, pursuant to 10 U.S.C. 2306b(i)(1)(A); to
the Committee on National Security.
3373. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the Corporation's semiannual report
on the activities and efforts relating to utilization of the
private sector, pursuant to 12 U.S.C. 1827; to the Committee
on Banking and Financial Services.
3374. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the semiannual report on the
activities of the Affordable Housing Disposition Program,
covering the period from July 1 through December 31, 1995,
pursuant to Public Law 102-233, section 616 (105 Stat. 1787);
the Committee on Banking and Financial Services.
3375. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting the Staff Report of the
Federal Reserve System, pursuant to 12 U.S.C. 1833; to the
Committee on Banking and Financial Services.
3376. A letter from the Chairman, Board of Governors,
Federal Reserve System, transmitting the annual report on the
subject of retail fees and services of depository
institutions, pursuant to 12 U.S.C. 1811 note; to the
Committee on Banking and Financial Services.
3377. A letter from the Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the annual
report of the Thrift Depositor Protection Oversight Board on
the Resolution Funding Corporation for the calendar year
1995, pursuant to Public Law 101-73, section 511(a)( (103
Stat. 404); to the Committee on Banking and Financial
Services.
3378. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year, if any, and the budget year provided by H.R.
3019, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-578); to the Committee on the Budget.
3379. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Child Restraint
Systems (NHTSA, DOT) (RIN: 2127-AF46) received June 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3380. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Vehicle Identification Number Requirements (NHTSA, DOT) (RIN:
2127-AF69) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3381. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutants for: Chromium
Emissions for Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks; Ethylene Oxide Commercial
Sterilization and Fumigation Operations; Perchloroethylene
Dry Cleaning Facilities; and Secondary Lead Smelting (FRL-
5512-6) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3382. A letter from the Associate Director for Strategic
Planning, Minority Business Development Agency, transmitting
the Agency's final rule--Revision of the Cost-Share
Requirement and Addition of Bonus Points for Community-Based
Organizations Applying to Operate Minority Business
Development Centers (MBDC) in Designated Locations [Docket
No. 960402097-6129-06] (RIN: 0640-XX02) received June 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3383. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--
Ownership Reports and Trading by Officers, Directors and
Principal Security Holders (RIN: 3235-AF66) received May 31,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3384. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--Phase
One Recommendations of Task Force on Disclosure
Simplification (RIN: 3235-AG75) received May 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3385. A letter from the Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979, report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the second quarter of fiscal year
1996, January 1, 1996-March 3, 1996, pursuant to 22 U.S.C.
2776(a) and (b); to the Committee on International Relations.
3386. A letter from the Under Secretary of Export
Administration, transmitting the Administration's final
rule--Exports of Alaskan North Slope Crude Oil; Establishment
of License Exception TAPS [Docket No. 960523147-01] received
June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on International Relations.
3387. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Public Notice Number 2401--Passports
(Bureau of Consular Affairs) (22 CFR 51, Subpart B) received
June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on International Relations.
3388. A letter from the Secretary of Agriculture,
transmitting the semiannual management report for the period
October 1, 1995, through March 31, 1996, pursuant to 5 U.S.C.
app. (Insp. Gen. Act) section 5(b); to the Committee on
Government Reform and Oversight.
[[Page 1302]]
3389. A letter from the Secretary of Education,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3390. A letter from the Secretary of Energy, transmitting
the semiannual report on activities of the inspector general
for the period October 1, 1995, through March 31, 1996, and
the semiannual report on inspector general audit reports for
the same period, pursuant to 5 U.S.C app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3391. A letter from the Chairman of the Board, Pension
Benefit Guaranty Corporation, transmitting the semiannual
reports to the Congress of the Pension Benefit Guaranty
Corporation's Executive Director and the Office of Inspector
General for the period October 1, 1995, through March 31,
1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section
5(b); to the Committee on Government Reform and Oversight.
3392. A letter from the Secretary of the Treasury,
transmitting the Department's fiscal year 1995 financial
report on the Treasury forfeiture fund, pursuant to Public
Law 102-393, section 638(b)(1) (106 Stat. 1783); to the
Committee on Government Reform and Oversight.
3393. A letter from the Attorney General of the United
States, transmitting the semiannual report on activities of
the inspector general for the period October 1, 1995, through
March 31, 1996, and the semiannual management report for the
same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3394. A letter from the Chairman, Consumer Product Safety
Commission, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1995,
through March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) section 5(b); to the Committee on Government Reform and
Oversight.
3395. A letter from the Administrator, Environmental
Protection Agency, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, and the semiannual management
report for the same period, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
3396. A letter from the Chairman, Federal Trade Commission,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3397. A letter from the Acting Administrator, General
Services Administration, transmitting the semiannual report
on activities of the inspector general for the period October
1, 1995, through March 31, 1996, and the semiannual
management report for the same period, pursuant to 5 U.S.C.
app. (Insp. Gen. Act) section 5(b); to the Committee on
Government Reform and Oversight.
3398. A letter from the Chairman, National Science Board,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3399. A letter from the Chief Operating Officer/President,
Resolution Funding Corporation, transmitting a copy of the
Resolution Funding Corporation's Statement on Internal
Controls and the 1995 Audited Financial Statements, pursuant
to Public Law 101-73, section 511(a) (103 Stat. 404); to the
Committee on Government Reform and Oversight.
3400. A letter from the Secretary of Veterans Affairs,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3401. A letter from the Commissioner, Bureau of
Reclamation, transmitting a report on the financial
statements of the Colorado River Basin Project for the year
ended September 30, 1994, pursuant to 43 U.S.C. 1544; to the
Committee on Resources.
3402. A letter from the Commissioner, Bureau of
Reclamation, transmitting a report on the financial
statements of the Colorado River Basin Project for the year
ended September 30, 1995, pursuant to 43 U.S.C. 1544; to the
Committee on Resources.
3403. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish of the Gulf of Alaska and the Bering Sea and
Aleutian Islands Area; Bycatch Rate Standards for the Second
Half of 1996 [Docket No. 900833-1095; I.D. 052396A] received
June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
3404. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish Fishery of the Bering Sea and Aleutian
Islands Area; Aggregate Species in the Rock Sole/Flathead
Sole/``Other Flatfish'' Fishery Category by Vessels Using
Trawl Gear [Docket No. 960129019-6091-01; I.D. 052896H]
received June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3405. A letter from the Program Management Officer,
National Marine Fisheries Administration, transmitting the
Service's final rule--Groundfish of the Gulf of Alaska;
Pollock Seasonal Allowances [Docket No. 960228053-6142-02;
I.D. 022296E] received June 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3406. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish of the Gulf of Alaska; Pollock in the
Western Regulatory Area [Docket No. 960129018-6018-01; I.D.
052896E] received June 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3407. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish of the Bering Sea and Aleutian Islands Area;
Sharpchin/Northern Rockfish Species Category in the Aleutian
Islands Subarea [Docket No. 960129019-6019-01; I.D. 052996B]
received June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3408. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish of the Gulf of Alaska; Pollock in
Statistical Area 620 [Docket No. 960129018-6018-01; I.D.
052896C] received June 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3409. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish of the Gulf of Alaska; Pollock in
Statistical Area 630 [Docket No. 960129018-6018-01; I.D.
052896D] received June 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3410. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Groundfish of the Bering Sea and Aleutian Islands Area;
Pacific Ocean Perch in the Eastern Aleutian District [Docket
No. 960129019-6091-01; I.D. 052896G] received June 4, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3411. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Administration, transmitting the Service's final
rule--Pacific Halibut Fisheries; 1996 Halibut Landing Report
No. 1 [Docket No. 960111003-6068-03; I.D. 0521B6A] received
June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
3412. A letter from the Program Management Officer,
National Marine Fisheries Administration, transmitting the
Service's final rule--General Provisions for Domestic
Fisheries; Extension of Emergency Fishing Closure in Block
Island Sound [Docket No. 960126016-6121-04; I.D. 042996F]
received June 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3413. A letter from the Program Management Officer,
National Oceanic and Atmospheric Administration, transmitting
the Administration's final rule--Northeast Multispecies
Fishery; Amendment 7 [Docket No. 960216032-6138-03; I.D.
021296E] received June 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3414. A letter from the Attorney-Advisor, Federal Register
Certifying Officer, Financial Management Service,
transmitting the Service's final rule--Federal Process Agents
of Surety Companies (RIN: 1510-AA49) received May 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
3415. A letter from the Director, Office of Government
Ethics, transmitting the Office's final rule--Extension and
Revocation of Post-Employment Waiver--received May 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
3416. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Transportation of Hazardous Materials By Rail; Miscellaneous
Amendments (Research and Special Programs Administration)
(RIN: 2137-AC66) received June 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3417. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Fort Myers Beach Offshore Grand
Prix; Fort Myers Beach, FL (RIN: 2115-AE46) received June 3,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3418. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Augusta Southern National Drag
Boat Races; Augusta, GA [CDG07-96-021] (RIN: 2115-AE46)
received June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3419. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Beaufort Water Festival, Beaufort,
SC [CDG07-96-020] (RIN: 2115-AE46) received June 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3420. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Depart
[[Page 1303]]
ment's final rule--Rules of Practice: Elimination of
unnecessary provisions relating to representation, witnesses,
and access to Board records (RIN: 2900-AI15) received June 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
3421. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Veterans Mortgage Life Insurance
(RIN: 2900-AH54) received June 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3422. A letter from the Board of Trustees, Federal Hospital
Insurance Trust Fund, transmitting the 1996 annual report of
the Board of Trustees of the Federal Hospital Insurance Trust
Fund, pursuant to section 1817(b) of the Social Security Act,
as amended. (H. Doc. No. 104-227); to the Committee on Ways
and Means and ordered to be printed.
3423. A letter from the Board of Trustees, Federal Old-Age
and Survivors Insurance and Disability Insurance Trust Funds,
transmitting the 1996 annual report of the Board of Trustees
of the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance Trust Funds, pursuant to section
201(c)(2) of the Social Security Act, as amended (H. Doc. No.
104-228); to the Committee on Ways and Means and ordered to
be printed.
3424. A letter from the Chief, Regulations Branch, U.S.
Customs Service, transmitting the Service's final rule--Rules
for Determining the Country of Origin of a Good for Purposes
of Annex 311 of the North American Free Trade Agreement (RIN:
1515-AB34) received May 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3425. A letter from the Secretaries of the Army and
Agriculture, transmitting notification of the intention of
the Departments of the Army and Agriculture to interchange
jurisdiction of civil works and Forest Service lands at the
Corps of Engineers project at Applegate Lake, OR, pursuant to
16 U.S.C. 505a, 505b; jointly, to the Committees on
Agriculture and Transportation and Infrastructure.
3426. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Suspension, Debarment
and Ineligibility for Contracts, Assistance, Loans and
Benefits (FRL-5513-1) received May 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); jointly, to the Committees on Commerce
and Transportation and Infrastructure.
3427. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the Department's intent to obligate funds for
additional program proposals for purposes of nonproliferation
and disarmament fund [NDF] activities, pursuant to Public Law
104-107, title II (110 Stat. 716); jointly, to the Committees
on International Relations and Appropriations.
3428. A letter from the Board of Trustees, Federal
Supplementary Medical Insurance Trust Fund, transmitting the
1996 annual report of the Board of Trustees of the Federal
Supplementary Insurance Trust Fund, pursuant to section
1841(b) of the Social Security Act, as amended (H. Doc. No.
104-226); jointly, to the Committees on Ways and Means and
Commerce, and ordered to be printed.
3429. A letter from the Assistant Attorney General of the
United States, transmitting a draft of proposed legislation
entitled the ``Anti-Gang and Youth Violence Control Act of
1996''; jointly, to the Committees on the Judiciary,
Commerce, and Ways and Means.
3430. A letter from the Board of Trustees of the Federal
Hospital Insurance Trust Fund, transmitting notification that
on April 6, 1993, the Board notified each House of Congress
that the reserves of the hospital insurance [HI] trust fund
were expected to be exhausted in 1999, on April 11, 1994, the
Board affirmed the 1993 notification with a change in the
expected date of exhaustion to 2001, and on April 3, 1995,
the Board reported that the expected exhaustion date was
2002; as shown in the 1996 trustees report, the HI trust fund
is estimated to be exhausted in 2001, the status of the HI
trust fund still does not meet the Board's test of short-
range financial adequacy, pursuant to section 709 of the
Social Security Act; to the Committee on Ways and Means.
para.68.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.68.5 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill of the following title, in
which the concurrence of the House is requested:
S. 1624. An Act to reauthorize the Hate Crime Statistics
Act, and for other purposes.
para.68.6 message from the president--small business
The SPEAKER pro tempore, Mr. HEFLEY, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit to you my annual report on the state of small
business, and to report that small businesses are doing exceptionally
well. In the year covered by this report, a record 807,000 new firms
reported initial employment. Firms in industries dominated by small
businesses created almost 60 percent of the nearly 3.3 million new jobs.
Business failures and bankruptcies declined at some of the sharpest
rates in a decade.
Small businesses have both contributed to and benefited from the
recent strength of the economy. The deficit reduction plan I initiated
in 1993 has cut the budget deficit in half. The economy has created 8.5
million new jobs since January 1993--almost all of them in the private
sector. The combined rate of unemployment and inflation is at its lowest
level in more than 25 years.
A major success story has been in the women-owned business sector.
Women are creating new businesses and new jobs at double the national
rate. Today, women own one-third of all businesses in the United States.
Clearly, there is no stopping this fast-growing segment of the economy.
Last June I met in Washington with nearly 2,000 small business
owners--
participants in the national White House Conference on Small Business.
They took precious time away from their businesses to tell us about
their problems and their ideas for resolving them, turning over a list
of 60 recommendations for Government action. Their ideas are reflected
in many of the recent initiatives of my Administration.
Improving Access to Capital
One of the keys to a healthy small business sector is access to
adequate start-up and working capital. The Small Business Lending
Enhancement Act of 1995, which I signed last October, helped to increase
access to capital through the Small Business Administration's (SBA)
section 7(a) loan guarantee program. Last year, the SBA provided nearly
$11 billion in long-term credit and other financial assistance to more
than 67,000 small businesses, bringing SBA's total loan portfolio to $26
billion. The number of 7(a) guaranteed loans has increased dramatically,
up 52 percent from fiscal year 1994 to fiscal year 1995--and that's with
a smaller budget and fewer employees at the SBA. Moreover, during the
same period, the number of 7(a) guaranteed loans to women-owned
businesses grew by 86 percent; loans to minority-owned businesses
increased by 53 percent; and loans to businesses owned by U.S. veterans
grew by 43 percent.
Other initiatives are under way. My Administration has been working
with banks and banking regulators to remove impediments to small
business lending by financial institutions. The Riegle Community
Development and Regulatory Improvement Act of 1994 amended the banking
and securities laws to promote the growth of a secondary market for
small business loans. And my Administration is looking to reduce small
business securities filing and disclosure burdens. In June 1995, the
Securities and Exchange Commission proposed regulations that would
further this small business goal.
Easing the Tax Burden
The Federal Government should reward rather than discourage
entrepreneurs who take risks and create jobs. To that end, we have
worked to simplify the tax code and make it more equitable for small
firms.
In April 1995, I signed legislation to increase to 30 percent the
share of health insurance premiums that self-employed individuals can
deduct on their tax returns beginning this tax year--and we're working
to increase that amount.
Small firms are less likely than their larger counterparts to be able
to provide retirement plans. While 75 percent of workers in businesses
with more than 1,000 employees have pension plans, only 24 percent of
workers in businesses with fewer than 100 employees have them. I have
proposed a new pension plan targeted to the needs of small businesses--
the National Employee Savings Trust (NEST). The NEST would provide
benefits similar to those of a 401(k) pension plan and would be simple
to create and operate.
My Administration has endorsed other improvements that make existing
pension plans safer and more beneficial for business owners and
employees alike. For example, we have pro
[[Page 1304]]
posed to eliminate the ``family aggregation'' restrictions on pensions
for family members, so that spouses or children who work in the same or
related businesses can earn their own retirement benefits.
Our 1993 economic plan made 90 percent of small businesses eligible
for tax relief. It established a targeted tax preference for capital
gains, reduced the record-keeping requirements for the meals and
entertainment deduction, and raised the small business expensing limit
for equipment by 75 percent, to $17,500. We have proposed to increase
further the value of equipment that can be directly expensed to
$25,000.
My Administration is also taking steps to ensure that tax regulations
are as simple and understandable as possible. For example,
administrative guidance has been published to provide tax relief to S
corporations and partnerships, simplify depreciation computations, and
ease inventory capitalization for small businesses.
We are pursuing tax form simplification through our Simplified Tax
and Wage Reporting System (STAWRS). This joint effort among Federal and
State agencies will simplify, unify, and streamline tax reporting so
that taxpayers will eventually be able to file their State and Federal
tax and wage returns at one location, electronically. All these efforts
will bring tax reporting into the modern age while reducing the
paperwork burden for small business.
Shrinking the Regulatory and Paperwork Burden
Regulation and paperwork continue to be a key concern of America's
small business owners, and I am proud of the progress my Administration
has made in addressing this concern. For example, the SBA is
streamlining all its regulations and converting them to plain English.
An application form for the most common SBA loans used to be an inch
thick and take 5 to 6 weeks to approve. We've reduced the form to one
page and cut turn-around time to 3 days.
I've said it before: the era of big Government is over. We have been
working hard to give the American people a Government that works better
and costs less. We are eliminating 16,000 pages of unnecessary
regulations and streamlining 31,000 more--shifting decision-making out
of Washington and back to States and local communities. In addition, we
are directing Federal agencies, where possible, to cut by half the
frequency of reports the public is required to provide to the
Government.
More broadly, much of our National Performance Review effort to
reinvent Government has been pointed specifically at helping small
business. The U.S. Business Advisor, which provides Internet access to
information from all Federal agencies, and the U.S. General Store for
Small Business, which offers business owners one location for dealing
with the Federal government, illustrate our commitment to reinventing
how Government serves the small business community.
In March 1995, I announced a new approach to lessening the regulatory
burden on small firms. Under this commonsense approach, small
businesses can now avoid paying penalties for violations if they
correct the problem within an appropriate period of time. And for those
violations that may take longer to correct, a small business may get up
to 100 percent of its fine waived if that same money is used to correct
the violation.
I'm proud to have succeeded in putting more teeth in the Regulatory
Flexibility Act (RFA). Under the 1980 Act, Federal Government agencies
must analyze their proposed regulations for their effects on small
firms--and revise them if they will create an unfair burden. In the
past, however, because the agencies' analyses could not be reviewed in
the courts, small businesses had no meaningful recourse if an agency
made a poor decision. On March 29, I signed into law the Small Business
Regulatory Enforcement Fairness Act of 1996, which allows for judicial
review of Federal agency RFA analyses. The Act also emphasizes
compliance assistance and requires agencies to provide small businesses
with simple and clear guidelines to assist them in complying with the
regulations that affect them.
As small business owners have told us, they care about environmental
protection and occupational safety; after all, they drink the same
water, breathe the same air, and share the same workplace hazards as
everyone else. My Administration has challenged small businesses and
regulatory agencies to find cheaper, more efficient ways than
government regulation to meet the high environmental and workplace
standards Americans want.
Opening Markets and Expanding Trade
Every year the Federal Government spends $200 billion on goods and
services, and small businesses receive a substantial share of that
market. I am committed to expanding further the opportunities for small
businesses to win Federal contracts. I found for the Federal
Acquisition Streamlining Act of 1994 and the Federal Acquisition Reform
Act of 1996, which have simplified the procurement process and made it
easier for small firms to do business with the Federal Government.
The 1994 law also created a new Government-wide electronic commerce
system, FACNET, which will eventually permit electronic submission of
bids and proposals. I encourage small businesses to take advantage of
these new procurement procedures to provide more goods and services to
the Government.
In addition to the Federal marketplace, foreign markets offer
significant opportunities for small business owners to compete and win.
While the North American Free Trade Agreement (NAFTA) and the General
Agreement on Tariffs and Trade (GATT) are opening markets abroad, my
Administration's National Export Strategy has made it easier here at
home for small businesses to export. Among other things, we've opened
14 U.S. Export Assistance Centers to provide one-stop access to export
information, marketing assistance, and finance.
Technology and Innovation
Technological innovation by small firms is a major reason for
America's leadership in the world economy. Through the Small Business
Innovation Research and Small Business Technology Transfer programs,
the Federal Government taps into the brain power of small businesses to
meet its own research needs. In the process, these programs help spur
technological innovation to foster new businesses and jobs.
The Small Business Innovation Research (SBIR) program alone has
nearly doubled awards to small businesses during my Administration--up
from $508 million in 1992 to more than $900 million in 1995. And the
quality of SBIR research proposals has kept pace with the program's
expansion.
We've also dramatically expanded the Manufacturing Extension
Partnership to help America's 380,000 smaller manufacturers become more
competitive in world markets. Sixty locally managed manufacturing
extension centers--up from seven in 1993--are delivering much-needed
services to this important small business sector.
As this report documents, changes are coming at lightning speed.
Small business owners recognize that they will need all the
technological skill and ``connectivity'' they can muster just to keep
up. Through manufacturing extension centers, FACNET, the U.S. Business
Advisor, and other information networks, we can help make available the
information small businesses need to start up and succeed.
The Human Factor
If the heart of our entrepreneurial economy is small business, then
the heart of small business is its people--small business owners and
their employees. We need to work with small businesses to strengthen
and support this dynamic human resource.
We've seen what business growth can do for communities, and we hope
to encourage more business formation in empowerment zones and
enterprise communities: legislation before the Congress would provide
more tax incentives and waivers of some regulatory requirements in
these areas. SBA's one-stop capital shops specifically target
empowerment zones and enterprise communities.
As I mentioned earlier, we're taking steps to modify the tax code in
ways that will make it easier for small businesses to offer health care
and retirement plans to their employees. We also want to make sure that
workers and their families can keep their health insurance even when
they change jobs. I have urged the Congress to enact the Kassebaum-
Kennedy bill, which would make health insurance coverage more
``portable'' for our Nation's workers.
[[Page 1305]]
We want to make better use of our work force training dollars by
consolidating and streamlining many of our Federal work force training
programs. Under our proposal, States and localities would have more
flexibility to administer these programs in the way that will do the
most good for our workers and small business owners.
I'm pleased that young entrepreneurs were represented at the White
House Conference on Small Business and that the conference looked to
our economic future by endorsing more mentorships and workplace
educational opportunities for young people. These private-sector-led
efforts form an essential part of the work-based learning program I
envisioned when I signed into law the School-to-Work Opportunities Act
of 1994.
It takes a great deal of courage to start something new, to carve a
reality out of a dream, often with few resources, sometimes in adverse
surroundings, and in an economy that demands much of its participants.
That is why we celebrate and listen to America's small business owners
and why we will continue to look for ways to nurture and support this
powerful economic engine--the small business sector.
William J. Clinton.
The White House, June 5, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Small Business.
para.68.7 committees and subcommittees to sit
On motion of Mr. UPTON, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Agriculture, the Committee on Banking
and Financial Services, the Committee on Government Reform and
Oversight, the Committee on the Judiciary, the Committee on Resources,
and the Committee on Transportation and Infrastructure.
para.68.8 providing for the consideration of h.r. 3540
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 445):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3540) making appropriations for foreign
operations, export financing, and related programs for the
fiscal year ending September 30, 1997, and for other
purposes. The first reading of the bill shall be dispensed
with. Points of order against consideration of the bill for
failure to comply with clause 1(b) of rule X or clause 7 of
rule XXI are waived. General debate shall be confined to the
bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Appropriations. After general debate the bill
shall be considered for amendment under the five-minute rule.
The bill shall be considered by title rather than by
paragraph. Each title shall be considered as read. Points of
order against provisions in the bill for failure to comply
with clause 2, 5(b), or 6 of rule XXI are waived except as
follows: beginning with ``: Provided'' on page 9, line 12,
through ``Appropriations'' on line 18; and beginning with ``:
Provided'' on page 13, line 20, through ``relocation'' on
page 14, line 5. Where points of order are waived against
part of a paragraph, points of order against a provision in
another part of such paragraph may be made only against such
provision and not against the entire paragraph. During
consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition on
the basis of whether the Member offering an amendment has
caused it to be printed in the portion of the Congressional
Record designated for that purpose in clause 6 of rule XXIII.
Amendments so printed shall be considered as read. The
Chairman of the Committee of the Whole may postpone until a
time during further consideration in the Committee of the
Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or a
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.68.9 foreign operations appropriations
The SPEAKER pro tempore, Mr. HEFLEY, pursuant to House Resolution 445
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3540) making appropriations for foreign operations, export
financing, and related progams for the fiscal year ending September 30,
1997, and for other purposes.
The SPEAKER pro tempore, Mr. HEFLEY, by unanimous consent, designated
Mr. HANSEN as Chairman of the Committee of the Whole; and after some
time spent therein,
para.68.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
On page 3, line 25, after the dollar amount, insert the
following: ``(reduced by $1,000,000)''.
It was decided in the
Yeas
334
<3-line {>
affirmative
Nays
77
para.68.11 [Roll No.210]
AYES--334
Abercrombie
Ackerman
Andrews
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bevill
Bilbray
Bilirakis
Blumenauer
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clement
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Flanagan
Foglietta
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Furse
Gephardt
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Leach
Levin
Lewis (GA)
Linder
Lipinski
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McKeon
McKinney
McNulty
Meehan
Meyers
Mica
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
[[Page 1306]]
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--77
Archer
Armey
Bachus
Baker (LA)
Beilenson
Bentsen
Bereuter
Berman
Bishop
Bliley
Brown (FL)
Bryant (TX)
Bunn
Callahan
Clayton
Clinger
Clyburn
Coyne
de la Garza
DeLauro
DeLay
Dicks
Dooley
Fazio
Filner
Flake
Forbes
Frelinghuysen
Gejdenson
Gekas
Geren
Gilman
Harman
Hastings (FL)
Hastings (WA)
Houghton
Hyde
Johnson (CT)
Johnson, Sam
Johnston
Kennedy (MA)
Kennelly
King
Knollenberg
LaFalce
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Livingston
Lofgren
Matsui
McDermott
Meek
Menendez
Metcalf
Moran
Morella
Murtha
Nethercutt
Packard
Payne (NJ)
Peterson (FL)
Peterson (MN)
Richardson
Roth
Tauzin
Thornton
Towns
Vucanovich
Walker
Walsh
Watt (NC)
Whitfield
Wicker
Wilson
NOT VOTING--23
Allard
Bonilla
Browder
Chapman
Crapo
Engel
Fields (TX)
Gallegly
Ganske
Gibbons
Greene (UT)
Hayes
Hilliard
Jackson-Lee (TX)
Lincoln
McInnis
McIntosh
Miller (FL)
Myers
Schaefer
Schiff
Tejeda
Torricelli
So the amendment was agreed to.
para.68.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MANZULLO:
Page 3, line 25, after the dollar amount, insert the
following: ``(reduced by $3,136,000)''.
It was decided in the
Yeas
176
<3-line {>
negative
Nays
236
para.68.13 [Roll No. 211]
AYES--176
Andrews
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Cremeans
Cubin
Cunningham
Danner
Deal
DeFazio
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (LA)
Flanagan
Foley
Ford
Fowler
Franks (CT)
Frisa
Funderburk
Ganske
Gekas
Gillmor
Goodlatte
Goss
Graham
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hancock
Hastert
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kim
Kingston
Kleczka
Klug
Kolbe
LaHood
Largent
Latham
Linder
Lipinski
LoBiondo
Longley
Lucas
Manzullo
McCollum
McDade
McHale
McHugh
Montgomery
Moorhead
Myrick
Neumann
Ney
Norwood
Nussle
Parker
Paxon
Petri
Pombo
Porter
Poshard
Quillen
Quinn
Radanovich
Ramstad
Riggs
Roemer
Rohrabacher
Ros-Lehtinen
Royce
Salmon
Sanford
Saxton
Scarborough
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tanner
Tauzin
Taylor (MS)
Thornberry
Tiahrt
Traficant
Upton
Visclosky
Walker
Wamp
Weldon (FL)
Weldon (PA)
Weller
Wicker
Young (FL)
Zeliff
Zimmer
NOES--236
Abercrombie
Ackerman
Archer
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Bliley
Blumenauer
Bonior
Bono
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Callahan
Cardin
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Cummings
Davis
de la Garza
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Durbin
Edwards
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Forbes
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Greenwood
Hall (OH)
Hamilton
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hefner
Hinchey
Hobson
Horn
Houghton
Hoyer
Jackson (IL)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Klink
Knollenberg
LaFalce
Lantos
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Livingston
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDermott
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Portman
Pryce
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Rogers
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (WA)
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tate
Taylor (NC)
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Velazquez
Vento
Volkmer
Vucanovich
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
White
Whitfield
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
NOT VOTING--22
Allard
Bonilla
Browder
Chapman
Crapo
Engel
Fields (TX)
Gallegly
Greene (UT)
Hayes
Hilliard
Jackson-Lee (TX)
Lincoln
McInnis
McIntosh
Miller (FL)
Myers
Schaefer
Schiff
Tejeda
Torricelli
Williams
So the amendment was not agreed to.
After some further time,
para.68.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
Page 13, line 11, after the dollar amount, insert the
following: ``(reduced by $46,554,000)''.
It was decided in the
Yeas
184
<3-line {>
negative
Nays
233
para.68.15 [Roll No. 212]
AYES--184
Andrews
Archer
Armey
Baker (CA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bilbray
Bilirakis
Bliley
Boehner
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
English
Ensign
Ewing
Fields (LA)
Flanagan
Foley
Fowler
Fox
Franks (NJ)
Funderburk
Ganske
Gekas
Gillmor
Goodlatte
Goss
Graham
Greene (UT)
Hancock
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klink
Klug
LaHood
Largent
Latham
Laughlin
Lewis (KY)
Lightfoot
Lipinski
LoBiondo
Longley
Lucas
Luther
Manzullo
McCollum
McHale
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Oxley
Paxon
Peterson (MN)
Petri
Pombo
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Riggs
Roberts
Roemer
[[Page 1307]]
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Shuster
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Stearns
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Thomas
Thornberry
Thurman
Tiahrt
Traficant
Upton
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Young (AK)
Zeliff
Zimmer
NOES--233
Abercrombie
Ackerman
Bachus
Baesler
Baker (LA)
Baldacci
Barrett (WI)
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Blumenauer
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Callahan
Campbell
Cardin
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Cummings
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Ehlers
Emerson
Engel
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (TX)
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Franks (CT)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Gejdenson
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hefner
Hilliard
Hinchey
Hobson
Houghton
Hoyer
Hyde
Jackson (IL)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Knollenberg
Kolbe
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Linder
Livingston
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDade
McDermott
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shaw
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Spence
Spratt
Stark
Stokes
Studds
Stupak
Taylor (NC)
Thompson
Thornton
Torkildsen
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Ward
Waters
Watt (NC)
Waxman
Wicker
Williams
Wilson
Wolf
Woolsey
Wynn
Yates
Young (FL)
NOT VOTING--17
Allard
Bonilla
Browder
Brown (CA)
Crapo
Gephardt
Hayes
Jackson-Lee (TX)
Lincoln
McInnis
Myers
Payne (VA)
Schiff
Stenholm
Tejeda
Torricelli
Wise
So the amendment was not agreed to.
After some further time,
para.68.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. TRAFICANT:
Page 97, after line 5, insert the following new section:
LIMITATION ON USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE IN AMERICA
Sec. 573. None of the funds appropriated in this Act may be
made available to the government of any foreign country when
it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) the funds are to be used to purchase any equipment or
product made in a country other than such foreign country or
the United States; and
(2) substantially similar equipment or products are made in
the United States and available for purchase at a price that
is not more than 10 percent higher.
It was decided in the
Yeas
415
<3-line {>
affirmative
Nays
1
para.68.17 [Roll No. 213]
AYES--415
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--1
Kolbe
NOT VOTING--18
Allard
Bonilla
Browder
Bryant (TX)
Crapo
Gephardt
Istook
Jackson-Lee (TX)
Lincoln
McInnis
Meyers
Myers
Peterson (FL)
Rose
Roth
Schiff
Thornton
Wise
So the amendment was agreed to.
After some further time,
para.68.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the
[[Page 1308]]
Whole on the following amendment submitted by Mr. VISCLOSKY:
Page 85, line 8, insert after ``Funds'' the following:
``(other than funds appropriated in this Act under the
heading `Economic Support Fund')''.
Yeas
301
It was decided in the
Nays
118
<3-line {>
affirmative
Answered present
1
para.68.19 [Roll No. 214]
AYES--301
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baker (CA)
Baldacci
Barcia
Bartlett
Bass
Becerra
Beilenson
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Gilchrest
Gilman
Goodlatte
Goodling
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutchinson
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
Knollenberg
LaHood
Lantos
Largent
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Peterson (MN)
Pombo
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Sanders
Saxton
Scarborough
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Stark
Stearns
Stenholm
Stokes
Studds
Stupak
Talent
Tate
Tauzin
Thomas
Thompson
Thurman
Tiahrt
Torkildsen
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wicker
Williams
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOES--118
Archer
Armey
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Barton
Bateman
Bentsen
Bereuter
Berman
Bonilla
Brewster
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Chambliss
Clement
Clinger
Clyburn
Coble
Coleman
Combest
Crane
Davis
de la Garza
Deal
DeLay
Dunn
Emerson
Everett
Fields (TX)
Foglietta
Fowler
Ganske
Geren
Gillmor
Gonzalez
Gordon
Goss
Graham
Green (TX)
Hall (TX)
Hamilton
Hancock
Hansen
Hastings (FL)
Herger
Hilliard
Hostettler
Houghton
Hyde
Inglis
Istook
Johnson, Sam
Johnston
Kasich
Kim
King
Kingston
Kolbe
LaFalce
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Livingston
McIntosh
Meyers
Mica
Miller (FL)
Minge
Montgomery
Murtha
Myers
Nethercutt
Ortiz
Oxley
Packard
Payne (VA)
Peterson (FL)
Petri
Pickett
Pomeroy
Quillen
Rogers
Sabo
Salmon
Sanford
Schaefer
Schroeder
Shuster
Skelton
Solomon
Spence
Spratt
Stockman
Stump
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Thornton
Volkmer
Vucanovich
Walker
Ward
White
Whitfield
Wilson
Wise
ANSWERED ``PRESENT''--1
Slaughter
NOT VOTING--14
Allard
Browder
Gibbons
Harman
Hastert
Hayes
Jackson-Lee (TX)
Lincoln
Pelosi
Roth
Sawyer
Schiff
Torres
Young (FL)
So the amendment was agreed to.
After some further time,
para.68.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
On page 27, line 24, after the dollar amount, insert the
following: ``(reduced by $3,000,000)''.
It was decided in the
Yeas
191
<3-line {>
negative
Nays
231
para.68.21 [Roll No. 215]
AYES--191
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Bass
Becerra
Beilenson
Berman
Bilbray
Blumenauer
Blute
Bonior
Boucher
Brown (CA)
Brown (OH)
Brownback
Bryant (TX)
Campbell
Cardin
Chabot
Chapman
Clay
Clement
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Coyne
Cummings
Cunningham
Danner
DeFazio
DeLauro
Dellums
Dicks
Dingell
Dixon
Doggett
Dooley
Duncan
Durbin
Ehlers
Ensign
Eshoo
Evans
Fattah
Fazio
Filner
Flanagan
Foglietta
Foley
Ford
Fox
Frank (MA)
Franks (NJ)
Funderburk
Furse
Gejdenson
Gibbons
Goodlatte
Goodling
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hilleary
Hilliard
Hinchey
Hoekstra
Horn
Hostettler
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnston
Jones
Kaptur
Kasich
Kennelly
Kildee
Kleczka
Klug
LaFalce
LaHood
Lantos
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Markey
Martini
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Ramstad
Rangel
Riggs
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Shuster
Skaggs
Slaughter
Smith (MI)
Spratt
Stark
Stenholm
Stokes
Stupak
Talent
Thompson
Thurman
Tiahrt
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Watt (NC)
Waxman
Weller
Williams
Wise
Woolsey
Wynn
Zimmer
NOES--231
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Bartlett
Barton
Bateman
Bentsen
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Brown (FL)
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Davis
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Everett
Ewing
Farr
Fawell
Fields (LA)
Fields (TX)
Forbes
Fowler
Franks (CT)
Frelinghuysen
Frisa
Frost
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goss
Graham
Greene (UT)
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hobson
Hoke
Holden
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kelly
Kennedy (MA)
Kennedy (RI)
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
[[Page 1309]]
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Maloney
Manton
Manzullo
Martinez
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Peterson (FL)
Pickett
Pombo
Pryce
Quillen
Radanovich
Reed
Regula
Richardson
Roberts
Rogers
Rose
Roth
Salmon
Sawyer
Saxton
Schaefer
Scott
Seastrand
Shadegg
Shaw
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Torricelli
Traficant
Vucanovich
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--12
Allard
Browder
Flake
Gephardt
Jackson-Lee (TX)
Lincoln
McDade
Scarborough
Schiff
Studds
Thornton
Yates
So the amendment was not agreed to.
para.68.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
On page 27, line 24, after the dollar amount, insert the
following: ``(reduced by $1,525,000)''.
It was decided in the
Yeas
240
<3-line {>
affirmative
Nays
181
para.68.23 [Roll No. 216]
AYES--240
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Calvert
Camp
Campbell
Cardin
Castle
Chabot
Chapman
Chenoweth
Clay
Clayton
Clement
Coble
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Ehlers
Eshoo
Evans
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Ford
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Furse
Gejdenson
Gibbons
Gilchrest
Goodlatte
Goodling
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hancock
Harman
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kaptur
Kasich
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Menendez
Mica
Millender-McDonald
Miller (CA)
Minge
Mink
Moran
Morella
Nadler
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Regula
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shays
Shuster
Skaggs
Slaughter
Smith (MI)
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Stupak
Talent
Thomas
Thompson
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weller
Whitfield
Williams
Wise
Woolsey
Wynn
Zimmer
NOES--181
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Barr
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Canady
Chambliss
Christensen
Chrysler
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Combest
Cox
Davis
de la Garza
Deal
DeLay
Deutsch
Dickey
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards
Ehrlich
Emerson
Engel
English
Everett
Ewing
Farr
Fields (TX)
Forbes
Frank (MA)
Franks (CT)
Frisa
Gallegly
Ganske
Gekas
Geren
Gillmor
Gilman
Gonzalez
Goss
Graham
Greene (UT)
Hamilton
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hoke
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kanjorski
Kelly
Kennedy (MA)
Kennedy (RI)
Kim
King
Kingston
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manton
Martinez
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Miller (FL)
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Neal
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Peterson (FL)
Pickett
Quillen
Radanovich
Reed
Richardson
Rogers
Rose
Roth
Salmon
Saxton
Schaefer
Scott
Shadegg
Shaw
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stump
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Vucanovich
Walker
Walsh
Watts (OK)
Weldon (PA)
White
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Allard
Browder
Ensign
Flake
Gephardt
Jackson-Lee (TX)
Lincoln
McDade
Scarborough
Schiff
Studds
Thornton
Yates
So the amendment was agreed to.
para.68.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. RADANOVICH:
Page 97, after line 5, insert the following new section:
limitation on assistance to turkey
Sec. 573. Not more than $22,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' may be made available to the Government of Turkey,
except when it is made known to the Federal official having
authority to obligate or expend such funds that the
Government of Turkey has (1) joined the United States in
acknowledging the atrocity committed against the Armenian
population of the Ottoman Empire from 1915 to 1923; and (2)
taken all appropriate steps to honor the memory of the
victims of the Armenian genocide.
It was decided in the
Yeas
268
<3-line {>
affirmative
Nays
153
para.68.25 [Roll No. 217]
AYES--268
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baker (CA)
Baldacci
Barcia
Barrett (NE)
Bartlett
Bass
Becerra
Bentsen
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehner
Bonior
Bono
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Buyer
Calvert
Camp
Canady
Cardin
Chabot
Chenoweth
Christensen
Clay
Clayton
Coble
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
DeFazio
DeLauro
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Ganske
Gejdenson
Gilchrest
Gilman
Goodlatte
Gordon
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hastert
Hayes
Hayworth
Hefley
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutchinson
Inglis
Jacobs
Jefferson
Johnson (CT)
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Largent
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
[[Page 1310]]
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Mica
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Olver
Orton
Owens
Pallone
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Ramstad
Rangel
Reed
Riggs
Rivers
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanders
Saxton
Scarborough
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Sisisky
Smith (NJ)
Smith (WA)
Souder
Stark
Stearns
Stockman
Stokes
Stupak
Talent
Tate
Tauzin
Thomas
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Williams
Wolf
Woolsey
Zeliff
Zimmer
NOES--153
Archer
Armey
Baker (LA)
Ballenger
Barr
Barrett (WI)
Barton
Bateman
Beilenson
Bereuter
Berman
Bevill
Bishop
Boehlert
Bonilla
Boucher
Brewster
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Campbell
Castle
Chambliss
Chapman
Chrysler
Clement
Clinger
Clyburn
Coleman
Combest
Cramer
Crane
Deal
DeLay
Dellums
Dicks
Doggett
Edwards
Ehlers
Emerson
Everett
Ewing
Fields (TX)
Frost
Gallegly
Gekas
Geren
Gibbons
Gillmor
Gonzalez
Goodling
Goss
Graham
Green (TX)
Gunderson
Hamilton
Hancock
Hansen
Harman
Hastings (FL)
Hastings (WA)
Heineman
Herger
Hostettler
Houghton
Hyde
Istook
Jackson (IL)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kasich
King
Knollenberg
Kolbe
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
McCrery
McDermott
Meek
Meyers
Miller (FL)
Minge
Montgomery
Murtha
Myers
Nethercutt
Oberstar
Obey
Ortiz
Oxley
Packard
Parker
Payne (VA)
Peterson (FL)
Pickett
Pomeroy
Quillen
Rahall
Regula
Richardson
Roberts
Rogers
Rohrabacher
Roth
Sabo
Sanford
Sawyer
Schaefer
Schroeder
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Solomon
Spence
Spratt
Stenholm
Stump
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornberry
Vento
Walker
Ward
Waxman
White
Whitfield
Wicker
Wilson
Wise
Wynn
Young (AK)
Young (FL)
NOT VOTING--13
Allard
Browder
Flake
Gephardt
Jackson-Lee (TX)
Lincoln
McDade
McIntosh
Metcalf
Schiff
Studds
Thornton
Yates
So the amendment was agreed to.
para.68.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BURTON:
Page 97, after line 5, insert the following new section:
limitation on assistance for india
Sec. 573. Not more than $48,674,000 of the funds
appropriated in this Act under the heading ``Development
Assistance'' may be made available to the Government of
India, or to nongovernmental organizations and private
voluntary organizations operating within India.
It was decided in the
Yeas
127
<3-line {>
negative
Nays
296
para.68.27 [Roll No. 218]
AYES--127
Baker (CA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Barton
Bilbray
Bilirakis
Bonior
Bryant (TN)
Bunning
Burton
Buyer
Canady
Chenoweth
Christensen
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cubin
Cunningham
Danner
Deal
DeFazio
Diaz-Balart
Dickey
Doolittle
Duncan
Dunn
Ewing
Farr
Fazio
Foglietta
Geren
Gillmor
Goodling
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
King
Klug
Largent
Latham
LaTourette
Lewis (KY)
Lipinski
Martinez
McInnis
McKeon
Metcalf
Miller (CA)
Montgomery
Moorhead
Myers
Neumann
Nussle
Orton
Owens
Parker
Paxon
Payne (NJ)
Peterson (MN)
Pombo
Porter
Poshard
Quillen
Quinn
Radanovich
Ramstad
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Salmon
Schaefer
Seastrand
Shadegg
Shays
Shuster
Smith (NJ)
Smith (WA)
Solomon
Stenholm
Stockman
Stump
Tanner
Tate
Taylor (MS)
Tiahrt
Torres
Torricelli
Traficant
Vucanovich
Walker
Wamp
Watts (OK)
Wilson
Wolf
Young (FL)
Zeliff
Zimmer
NOES--296
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Barr
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Burr
Callahan
Calvert
Camp
Campbell
Cardin
Castle
Chabot
Chambliss
Chapman
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Conyers
Coyne
Cramer
Cremeans
Cummings
Davis
de la Garza
DeLauro
DeLay
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Fattah
Fawell
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hayworth
Hefner
Hilliard
Hinchey
Hobson
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pallone
Pastor
Payne (VA)
Pelosi
Peterson (FL)
Petri
Pickett
Pomeroy
Portman
Pryce
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Souder
Spence
Spratt
Stark
Stearns
Stokes
Stupak
Talent
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Torkildsen
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Young (AK)
NOT VOTING--11
Allard
Browder
Flake
Gephardt
Jackson-Lee (TX)
Lincoln
McDade
Schiff
Studds
Thornton
Yates
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, assumed the
Chair.
When Mr. HANSEN, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.68.28 providing for the consideration of h.r. 3562
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-604) the resolution (H. Res. 446) providing for the
consideration of the bill (H.R. 3562) to authorize the State of
Wisconsin to implement the demonstration project known as ``Wis
[[Page 1311]]
consin Works''; referred to the House Calendar and ordered printed.
para.68.29 committee resignation--minority
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, laid before the
House the following communication, which was read as follows:
House of Representatives,
Washington, DC, June 4, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives.
Dear Mr. Speaker: The purpose of this letter is to inform
you that I hereby resign from the Committee on Small
Business.
Sincerely,
Earl F. Hilliard,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.68.30 committee election--minority
Mr. FAZIO, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 447):
Resolved, That the following named Members be, and that
they are hereby, elected to the following standing committees
of the House of Representatives:
To the Committee on Economic and Educational Opportunities,
Earl Blumenauer of Oregon.
To the Committee on Small Business, Earl Blumenauer of
Oregon.
To the Committee on International Relations, Earl Hilliard
of Alabama.
The resolution was agreed to.
A motion to reconsider was laid on the table.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.68.31 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1624. An Act to reauthorize the Hate Crime Statistics
Act, and for other purposes; to the Committee on the
Judiciary.
para.68.32 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BONILLA, for today until 4 p.m.;
To Mr. CRAPO, for today until 5 p.m.;
To Ms. JACKSON-LEE, for today;
To Mrs. LINCOLN, for today;
To Mr. MEYERS of Indiana, for today until 4 p.m.; and
To Mr. SCHIFF, for today and the balance of the week.
And then,
para.68.33 adjournment
On motion of Mr. HAYWORTH, at 12 o'clock midnight, the House
adjourned.
para.68.34 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SOLOMON: Committee on Rules. House Resolution 446.
Resolution providing for consideration of the bill (H.R.
3562) to authorize the State of Wisconsin to implement the
demonstration project known as Wisconsin Works (Rept. No.
104-604). Referred to the House Calendar.
para.68.35 reported bills sequentially referred
Under clause 5 of rule X, bill and report was delivered to the Clerk
for printing, and bill referred as follows:
Mr. GILMAN: Committee on Ways and Means. H.R. 361. A bill
to provide authority to control exports, and for other
purposes, with an amendment; referred to the Committee on
Ways and Means for a period ending not later than June 28,
1996, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(s), rule X (Rept. No. 104-605, Pt. 1).
Ordered to be printed.
para.68.36 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. OBERSTAR (for himself, Mr. Wise, Mr. Lipinski,
Mr. DeFazio, Mr. Clement, Mr. Nadler, Mr. Menendez,
Ms. Eddie Bernice Johnson of Texas, Mr. Mascara, and
Mr. Cummings):
H.R. 3578. A bill to reform the safety practices of the
railroad industry, to prevent railroad fatalities, injuries,
and hazardous materials releases, and for other purposes; to
the Committee on Transportation and Infrastructure.
By Mrs. CUBIN:
H.R. 3579. A bill to direct the Secretary of the Interior
to convey certain property containing a fish and wildlife
facility to the State of Wyoming, and for other purposes; to
the Committee on Resources.
By Mr. FAWELL (for himself, Mr. Gingrich, Mr. Armey,
Mr. DeLay, Mr. Boehner, Mr. Ballenger, Mr. Barrett of
Nebraska, Mr. Cunningham, Mr. Hoekstra, Mr.
Hutchinson, Mr. Knollenberg, Mr. Graham, Mr.
Funderburk, Mr. Goss, and Mrs. Seastrand):
H.R. 3580. A bill to ensure that employees who work under a
security agreement that requires such employees to pay union
dues as a condition of employment have a right to object to
the use of their dues for political, legislative, social, or
charitable purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. HASTINGS of Washington:
H.R. 3581. A bill to facilitate a land exchange involving
private land within the exterior boundaries of Wenatchee
National Forest in Chelan County, WA; to the Committee on
Resources.
By Mrs. LOWEY:
H.R. 3582. A bill to permit individuals to continue health
plan coverage of services while participating in approved
clinical studies; to the Committee on Commerce.
H.R. 3583. A bill to amend the Public Health Service Act to
provide, with respect to research on breast cancer, for the
increased involvement of advocates in decision making at the
National Cancer Institute; to the Committee on Commerce.
By Mrs. LOWEY (for herself and Mrs. Morella):
H.R. 3584. A bill to amend the Internal Revenue Code of
1986 to provide a credit for employers for certain costs
incurred to combat violence against women; to the Committee
on Ways and Means.
By Mrs. LOWEY (for herself and Mr. Gilman):
H.R. 3585. A bill to amend title XVIII of the Social
Security Act to provide for coverage of respite care services
under part B of the Medicare Program, to amend the Internal
Revenue Code of 1986 to treat qualified long-term care
services as medical care, and for other purposes; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. MICA:
H.R. 3586. A bill to amend title 5, United States Code, to
strengthen veterans' preference, to increase employment
opportunities for veterans, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. NADLER:
H.R. 3587. A bill to amend the Public Health Service Act to
provide additional support for and to expand clinical
research programs, and for other purposes; to the Committee
on Commerce.
By Mr. OBEY (for himself, Mr. Dellums, and Ms.
Slaughter):
H.R. 3588. A bill to amend the Federal Election Campaign
Act of 1971 to provide for expenditure limitations and public
financing for House of Representatives general elections, and
for other purposes; to the Committee on House Oversight, and
in addition to the Committee on Ways and Means, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PETRI:
H.R. 3589. A bill to amend title 13, United States Code, to
make clear that no sampling or other statistical procedure
may be used in determining the total population by States for
purposes of the apportionment of Representatives in Congress;
to the Committee on Government Reform and Oversight.
By Mr. POMEROY:
H.R. 3590. A bill to prevent discrimination against victims
of domestic abuse in all lines of insurance and in group
health plans; to the Committee on Commerce, and in addition
to the Committee on Economic and Educational Opportunities,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. STARK (for himself and Mr. Matsui):
H.R. 3591. A bill to amend title XVIII of the Social
Security Act to reduce the amount of the premium charged for
enrollment in part A of the Medicare Program for individuals
not receiving third-party assistance in payment of the
premium; to the Committee on Ways and Means.
By Mr. FAZIO of California:
H. Res. 447. Resolution designating the minority membership
on certain standing committees of the House; considered and
agreed to.
para.68.37 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 38: Ms. McKinney.
H.R. 103: Mr. Bentsen, Mr. Gillmor, and Mr. Gekas.
H.R. 127: Mr. Condit, Mr. Green of Texas, Mr. Smith of New
Jersey, Mr. Flanagan, Mr. Emerson, and Mr. Norwood.
H.R. 303: Mr. Andrews.
H.R. 350: Ms. Kaptur.
H.R. 969: Mr. Markey.
[[Page 1312]]
H.R. 972: Mrs. Kelly.
H.R. 1024: Mr. Smith of New Jersey.
H.R. 1090: Mr. English of Pennsylvania, Mr. Manton, and Mr.
Wynn.
H.R. 1161: Mr. Oxley.
H.R. 1884: Mrs. Lowey.
H.R. 2019: Mr. Schiff and Mr. Rahall.
H.R. 2026: Mr. Hyde, Mr. Torres, Mr. Cummings, Mr. Wynn,
Mr. Olver, Mr. Tejeda, and Mr. Crane.
H.R. 2080: Ms. Furse, Mr. McHale, Mr. Dellums, Mr.
LaTourette, Mr. Yates, and Ms. Rivers.
H.R. 2193: Ms. Woolsey, Ms. Pelosi, Mr. Horn, Mr. Condit,
Mr. Ney, and Mr. Brown of California.
H.R. 2199: Mr. Whitfield.
H.R. 2200: Mr. Ganske, Mr. Pomeroy, and Mr. McCollum.
H.R. 2246: Mr. Torres, Mr. Ackerman, Mrs. Clayton, Mr.
Rangel, Mr. Manton, and Ms. Norton.
H.R. 2270: Mr. Riggs.
H.R. 2400: Mr. Gilchrest, Mr. Holden, and Mr. Bartlett of
Maryland.
H.R. 2434: Mr. Foley, Mr. Stearns, Mr. Gibbons, Mr. Fawell,
Mr. Pete Geren of Texas, Mr. Wilson, Mr. Stockman, Mr.
Tejeda, Mr. Crane, and Mr. Jefferson.
H.R. 2497: Mrs. Meyers of Kansas, Mr. Tiahrt, Mr. Kim, and
Mr. Wicker.
H.R. 2540: Mr. Solomon and Mrs. Cubin.
H.R. 2727: Mr. Livingston, Mr. Bunn of Oregon, Mr. Dreier,
and Mr. McIntosh.
H.R. 2856: Mr. Markey.
H.R. 2900: Mr. Boehlert, Mr. Longley, Mr. Petri, Mr.
Collins of Georgia, Mr. Volkmer, and Mr. Gephardt.
H.R. 2927: Mr. King.
H.R. 2976: Mr. Bartlett of Maryland, Mr. Mollohan, Mr.
Solomon, Mr. Smith of New Jersey, and Mr. Wynn.
H.R. 3012: Mrs. Vucanovich, Mr. Gordon, Mr. Funderburk, Mr.
Wise, and Mrs. Clayton.
H.R. 3083: Mr. Cooley and Mr. Burr.
H.R. 3089: Mr. Moran.
H.R. 3107: Mr. Sabo, Mr. Stockman, Mr. Pastor, Mr. Martini,
Ms. Woolsey, Mrs. Kennelly, Mrs. Schroeder, Mr. Andrews, Mrs.
Morella, Mrs. Smith of Washington, Mr. Chapman, Mr. Dooley,
Mr. Kennedy of Massachusetts, Mr. Martinez, Mr. Pomeroy, Mr.
Cummings, Ms. McCarthy, Mr. Browder, Mrs. Vucanovich, Mr.
Peterson of Minnesota, Mr. Scarborough, Mr. Talent, Mr.
Costello, and Mr. Weller.
H.R. 3118: Mr. Quinn, Mr. McDermott, Mrs. Kelly, Mr. Wise,
and Mr. Johnson of South Dakota.
H.R. 3153: Mr. Knollenberg.
H.R. 3161: Mr. Ewing and Mr. Forbes.
H.R. 3173: Mr. Pastor.
H.R. 3178: Mr. Nadler
H.R. 3184: Mr. Baesler.
H.R. 3294: Mr. Jacobs, Mr. Waxman, and Ms. Woolsey.
H.R. 3345: Mr. Hutchinson.
H.R. 3393: Mr. Torkildsen.
H.R. 3396: Mr. Cunningham, Mr. Peterson of Minnesota, Mr.
Wolf, Mr. Parker, Mr. Zeliff, Mr. Linder, Mr. Chabot, Mr.
Tate, Mr. Dickey, Mr. Taylor of Mississippi, Mr. McIntosh,
Mr. Ballenger, Mr. Skeen, and Mr. Canady.
H.R. 3398: Mr. Manton, Mr. Kleczka, and Mrs. Meyers of
Kansas.
H.R. 3421: Mr. Hunter and Mr. Lipinski.
H.R. 3425: Mr. Barrett of Wisconsin.
H.R. 3447: Mrs. Seastrand, Mr. Coburn, and Mr. Christensen.
H.R. 3449: Mr. Coburn, Mr. Fields of Texas, and Mr. Stump.
H.R. 3480: Mr. Ewing, Mr. Everett, and Mr. Foley.
H.R. 3508: Mr. Greenwood, Mr. Gunderson, Mr. Torricelli,
and Mr. Evans.
H.R. 3532: Mrs. Collins of Illinois.
H. Con. Res. 83: Mr. Bonior.
H. Con. Res. 163: Mr. Ackerman.
H. Con. Res. 169: Mr. Sensenbrenner, Mr. Calvert, Mr.
Norwood, Mr. Radanovich, Mr. Duncan, Mr. Gekas, Mr. Cox, Mr.
Cremeans, and Mrs. Meyers or Kansas.
H. Res. 286: Ms. Jackson-Lee.
.
THURSDAY, JUNE 6, 1996 (69)
The House was called to order by the SPEAKER.
para.69.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, June 5, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.69.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3431. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Pork Promotion, Research, and Consumer Information Order--
Increase in Importer Assessments (Docket No. LS-96-001 FR)
received May 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3432. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Montgomery GI Bill--Selected
Reserve: Miscellaneous (RIN: 2900-AI04) received June 5,
1996, pursuant to U.S.C. 801(a)(1)(A); to the Committee on
National Security.
3433. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Educational Assistance for Members
of the Selected Reserve (RIN: 2900-AE43) received June 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
National Security.
3434. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Cassville and Kimberling
City, MO) (MM Docket No. 95-179) received June 5, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3435. A letter from the Director, Federal Communications
Commission, transmitting the Commission's final rule--
Amendment of Section 73.202(b), Table of Allotments, FM
Broadcast Stations (New Port Richey, Naples Park, Sarasota
and Sebring, FL) (MM Docket No. 93-65) received June 5, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3436. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Campton and Frenchburg,
KY) (MM Docket No. 95-170) received June 5, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3437. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Part 80 of the Rules Concerning U.S.
Coast Guard Vessel Traffic Services [VTS] Systems in Sault
Ste. Marie, MI; San Francisco, CA; and Morgan City, LA (WT
Docket No. 95-132) received May 31, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3438. A letter from the Chief Executive Officer,
Corporation for National Service, transmitting the semiannual
report on activities of the inspector general for the period
October 1, 1995, through March 31, 1996, and the semiannual
management report on audit followup for the same period,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to
the Committee on Government Reform and Oversight.
3439. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Public Use Regulations for the
Alaska Peninsula/Becharof National Wildlife Refuge Complex
(U.S. Fish and Wildlife Service) (RIN: 1018-AD34) received
June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
3440. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--Federal Old-Age, Survivors and Disability Insurance;
Determining Disability and Blindness; Extension of Expiration
Date for Musculoskeletal System Listings (RIN: 0960-AE43)
received June 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
para.69.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill and concurrent resolution of
the following titles, in which the concurrence of the House is
requested:
S. 1406. An Act to authorize the Secretary of the Army to
convey to the city of Eufaula, Oklahoma, a parcel of land
located at the Eufaula Lake project, and for other purposes;
and
S. Con. Res. 63. Concurrent resolution to express the sense
of Congress that the Secretary of Agriculture should dispose
of all remaining commodities in the disaster reserve
maintained under the Agricultural Act of 1970 to relieve the
distress of livestock producers whose ability to maintain
livestock is adversely affected by disaster conditions
existing in certain areas of the United States, such as
prolonged drought or flooding, and for other purposes.
para.69.4 committees and subcommittees to sit
On motion of Mr. SOLOMON, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on National Security, the
Committee on Resources, the Committee on Science, the Committee on Small
Business, the Committee on Transportation and Infrastructure, and the
Permanent Select Committee on Intelligence.
para.69.5 providing for the consideration of h.r. 3562
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 446):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
3562) to authorize the State of Wisconsin to implement the
demonstration project known as ``Wisconsin Works''. The
amendment printed in section 2
[[Page 1313]]
of this resolution shall be considered as adopted. The
previous question shall be considered as ordered on the bill,
as amended, and on any further amendment thereto final
passage without intervening motion except: (1) one hour of
debate on the bill, as amended, which shall be equally
divided and controlled by the chairman and ranking minority
member of the Committee on Ways and Means or their respective
designees; (2) one motion to amend by Representative Kleczka
of Wisconsin or his designee, which shall be considered as
read and shall be separately debatable for one hour equally
divided and controlled by the proponent and an opponent; and
(3) one motion to recommit with or without instructions.
Sec. 2. The amendment to the bill considered as adopted
pursuant to the first section of this resolution is as
follows:
In section 1(d) of the bill, strike ``subsection (b)(2)
exceeds the amount described in subsection (b)(1)'' and
insert in lieu thereof ``subsection (b)(1) exceeds the amount
described in subsection (b)(2)''.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. INGLIS, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
363
When there appeared
<3-line {>
Nays
59
para.69.6 [Roll No. 219]
YEAS--363
Ackerman
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Rush
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--59
Abercrombie
Andrews
Becerra
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clyburn
Collins (IL)
Collins (MI)
Conyers
Cummings
Dellums
Fields (LA)
Filner
Frank (MA)
Furse
Gibbons
Gonzalez
Gutierrez
Hilliard
Hoyer
Jackson (IL)
Lewis (GA)
Matsui
McDermott
McHale
Meek
Millender-McDonald
Mink
Nadler
Olver
Owens
Pastor
Payne (NJ)
Pelosi
Rangel
Roybal-Allard
Sabo
Sawyer
Serrano
Skaggs
Slaughter
Stark
Stokes
Tanner
Thompson
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Waxman
Wynn
Yates
NOT VOTING--12
Allard
Cunningham
Fattah
Gephardt
Hayes
Jackson-Lee (TX)
Lincoln
Markey
Mollohan
Payne (VA)
Schiff
Williams
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.69.7 order of business--consideration of amendments--h.r. 3450
On motion of Mr. CALLAHAN, by unanimous consent,
Ordered, That it may be in order during the further consideration of
the bill (H.R. 3450) making appropriations for foreign operations,
export financing, and related programs for the fiscal year ending
September 30, 1997, and for other purposes, in the Committee of the
Whole, pursuant to House Resolution 445, no amendments to the bill shall
be in order except the following amendments, if offered by the Member
specified or a designee: (1) amendments numbered 54, 58 and 76, by Mr.
Obey; (2) amendment numbered 10, by Mr. Frank of Massachusetts; (3)
amendment numbered 69, by Mr. Souder; and (4) amendment numbered 75, by
Mr. Zimmer; and
Ordered further, That debate on each amendment and all amendments
thereto be limited to twenty minutes, equally divided and controlled by
the proponent and an opponent, except that amendments numbered 54 and 10
shall each be debatable for not to exceed 45 minutes, and consideration
of these amendments proceed without intervening motion except one motion
to rise if offered by Mr. Callahan.
para.69.8 ``wisconsin works''
Mr. ARCHER, pursuant to House Resolution 446, called up the bill (H.R.
3562) to authorize the State of Wisconsin to implement the demonstration
project known as ``Wisconsin Works''.
When said bill was considered and read twice.
Pursuant to section 2 of House Resolution 446, the following amendment
was considered agreed to:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO IMPLEMENT WISCONSIN WORKS
DEMONSTRATION PROJECT.
(a) In General.--Upon presentation by the State of
Wisconsin of the document entitled ``Wisconsin Works'' (as
signed into State law by the Governor of Wisconsin on April
26, 1996) to the appropriate Federal official with respect to
any Federal entitlement program specified in such document--
(1) such official is deemed to have waived compliance with
the requirements of Federal law with respect to such program
to the extent and for the period necessary to enable the
State of Wisconsin to carry out the demonstration project
described in the document; and
(2) the costs of carrying out the demonstration project
which would not other
[[Page 1314]]
wise be included as expenditures under such program shall be
regarded as expenditures under such program.
(b) Limitation of Costs.--Subsection (a)(2) shall not apply
to the extent that--
(1) the sum of such costs and the expenditures of the State
of Wisconsin under all programs to which subsection (a)
applies during any testing period exceeds.
(2) the total amount that would be expended under such
programs during such testing period in the absence of the
demonstration project.
(c) Testing Period.--For purposes of subsection (b), the
testing periods are--
(1) the 5-year period that begins with the date of the
commencement of the demonstration project, and
(2) the period of the demonstration project.
(d) Recapture of Excess.--If at the close of any testing
period, the Secretary of Health and Human Services determines
that the amount described in subsection (b)(1) exceeds the
amount described in subsection (b)(2) for such period, such
Secretary shall withhold an amount equal to such excess from
amounts otherwise payable to the State of Wisconsin under
section 403 of the Social Security Act (relating to the
program of aid to families with dependent children) for the
first fiscal year beginning after the close of such period.
The preceding sentence shall not apply to the extent such
Secretary is otherwise paid such excess by the State of
Wisconsin.
SEC. 2. NO EFFECT ON CERTAIN OTHER WAIVERS GRANTED TO THE
STATE OF WISCONSIN.
This Act shall not be construed to affect the terms or
conditions of any waiver granted before the date of the
enactment of this Act to the State of Wisconsin under section
1115 of the Social Security Act, including earned waiver
savings and conditions. The current waivers are considered a
precondition and can be subsumed as part of the Wisconsin
Works demonstration.
SEC. 3. AUTHORITY TO PARTICIPATE UNDER SUBSEQUENT
LEGISLATION.
If, after the date of the enactment of this Act, any
Federal law is enacted which modifies the terms of, or the
amounts of expenditures permitted under, any program to which
section 1 applies, the State of Wisconsin may elect to
participate in such program as so modified.
After debate,
Mr. KLECZKA, pursuant to House Resolution 446, submitted the following
amendment in the nature of a substitute:
Strike all after the enacting clause and insert:
SECTION 1. URGING IMPLEMENTATION OF WISCONSIN WORKS
DEMONSTRATION PROJECT.
Upon presentation by the State of Wisconsin of the document
entitled ``Wisconsin Works'' as signed into state law by the
Governor of Wisconsin on April 26, 1996, to the appropriate
Federal official with respect to any Federal entitlement
program specified in such document, such official is urged to
waive compliance with the requirements of Federal law with
respect to such program to the extent and for the period
necessary to enable the State of Wisconsin to carry out the
demonstration described in the document upon meeting these
requirements:
(1) Such official shall publish a notice in the Federal
Register describing the proposed changes to Federal programs
contained in the document scheduled under Wisconsin law to go
into effect in October, 1997, and provide for a 30-day
comment period to receive public comments from the citizens
of Wisconsin and interested parties.
(2) Such official shall provide for expedited consideration
of the demonstration project described in the document under
the procedures otherwise required by law, except that such
official shall complete such consideration not later than
July 31, 1996, compatible with the State schedule established
in such document.
(3) Such official shall certify that the plan does in fact
contain the features described by the Governor of Wisconsin
on page four of the document entitled Wisconsin Works, March
1996 (publication number PES893).
SEC. 2. PROVIDING FUNDING AUTHORITY FOR IMPLEMENTATION.
(a) The costs of carrying out the demonstration project
which would not otherwise be included as expenditures under
such program shall be regarded as expenditures under such
program.
(b) Limitation of Costs.--Subsection (a) shall not apply to
the extent that--
(1) the sum of such costs and the expenditures of the State
of Wisconsin under all programs to which Section 1 applies
during any testing period exceeds
(2) the total amount that would be expended under such
programs during such testing period in the absence of the
demonstration project.
(c) Testing Period.--For purposes of subsection (b), the
testing periods are--
(1) the 5-year period that begins with the date of the
commencement of the demonstration project, and
(2) the period of the demonstration project.
(d) Recapture of Excess.--If at the close of any testing
period, the Secretary of Health and Human Services determines
that the amount described in subsection (b)(1) exceeds the
amount in subsection (b)(2) for such period, such Secretary
shall withhold an amount equal to such excess from amounts
otherwise payable to the State of Wisconsin under section 403
of the Social Security Act (relating to the program of aid to
families with dependent children) for the first fiscal year
beginning after the close of such period. The preceding
sentence shall not apply to the extent such Secretary is
otherwise paid such excess by the State of Wisconsin.
SEC. 3. NO EFFECT ON CERTAIN OTHER WAIVERS GRANTED TO THE
STATE OF WISCONSIN.
This Act shall not be construed to affect the terms or
conditions of any waiver granted before the date of the
enactment of this Act to the State of Wisconsin under section
1115 of the Social Security Act, including earned waiver
savings and conditions. The current waivers are considered a
precondition and can be subsumed as part of the Wisconsin
Works demonstration.
SEC. 4. AUTHORITY TO PARTICIPATE UNDER SUBSEQUENT
LEGISLATION.
If, after the date of enactment of this Act, any Federal
law is enacted which modifies the terms of, or the amounts of
expenditures permitted under, any program to which section 1
applies, the State of Wisconsin may elect to participate in
such program as so modified.
SEC. 5. EFFECTIVE DATE.
Sections 2, 3 and 4 of this Act shall become effective on
the date that a waiver is approved pursuant to the conditions
stated in Section 1.
After some further time,
Pursuant to House Resolution 446 the previous question on the
amendment and the bill, as amended, was considered as ordered.
The question being put, viva voce,
Will the House agree to the amendment in the nature of a substitute?
The SPEAKER pro tempore, Mr. BONILLA, announced that the nays appeared
to have it.
Mr. KLECZKA demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
194
<3-line {>
negative
Nays
233
para.69.9 [Roll No. 220]
YEAS--194
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NAYS--233
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
[[Page 1315]]
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--7
Allard
Jackson-Lee (TX)
Lincoln
Mollohan
Quillen
Schiff
Zeliff
So the amendment in the nature of a substitute was not agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. SENSENBRENNER demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
289
<3-line {>
affirmative
Nays
136
para.69.10 [Roll No. 221]
YEAS--289
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
Zimmer
NAYS--136
Abercrombie
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Dingell
Dixon
Doggett
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Torres
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Yates
NOT VOTING--9
Allard
Jackson-Lee (TX)
Lincoln
McInnis
Mollohan
Pombo
Quillen
Schiff
Zeliff
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.69.11 providing for the consideration of h.r. 2754
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-606) the resolution (H. Res. 448) providing for consideration of the
bill (H.R. 2754) to approve and implement the OECD Shipbuilding Trade
Agreement.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.69.12 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
10:00 o'clock a.m. on Friday, June 7, 1996.
para.69.13 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Friday, June 7, 1996, it
adjourn to meet on Monday, June 10, 1996, at 12:30 p.m. for ``morning
hour'' debates.
para.69.14 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
[[Page 1316]]
Ordered, That business in order for consideration on Wednesday, June
12, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.69.15 water rights task force
The SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent, announced
that pursuant to the provisions of section 389(d)(2) of Public Law 104-
127, the Speaker appointed to the Water Rights Task Force, Mr. Robert S.
Lynch of Phoenix, Arizona, and Mr. Bennett W. Raley of Denver, Colorado,
from private life, on the part of the House.
para.69.16 senate bill and concurrent resolution referred
A bill and concurrent resolution of the Senate of the following titles
were taken from the Speaker's table and, under the rule, referred as
follows:
S. 1406. An Act to authorize the Secretary of the Army to
convey to the city of Eufaula, Oklahoma, a parcel of land
located at the Eufaula Lake project, and for other purposes;
to the Committee on Transportation and Infrastructure; and
S. Con. Res. 63. Concurrent resolution to express the sense
of Congress that the Secretary of Agriculture should dispose
of all remaining commodities in a disaster reserve maintained
under the Agricultural Act of 1970 to relieve the distress of
livestock producers whose ability to maintain livestock is
adversely affected by disaster conditions existing in certain
areas of the United States, such as prolonged drought or
flooding, and for other purposes; to the Committee on
Agriculture.
para.69.17 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. JACKSON-LEE, for today; and
To Mrs. LINCOLN, for today.
And then,
para.69.18 adjournment
On motion of Mr. OWENS, pursuant to the special order heretofore
agreed to, at 7 o'clock and 11 minutes p.m., the House adjourned until
10:00 o'clock a.m. on Friday, June 7, 1996.
para.69.19 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. DREIER: Committee on Rules. House Resolution 448.
Resolution providing for consideration of the bill (H.R.
2754) to approve and implement the OECD Shipbuilding Trade
Agreement (Rept. No. 104-606). Referred to the House
Calendar.
Mr. CLINGER. Committee on Government Reform and Oversight.
H.R. 3184. A bill to streamline and improve the effectiveness
of chapter 75 of title 31, United States Code (commonly
referred to as the ``Single Audit Act''); with an amendment
(Rept. No. 104-607). Referred to the Committee of the Whole
House on the State of the Union.
Mr. SHUSTER. Committee on Transportation and
Infrastructure. House Concurrent Resolution 172. Resolution
authorizing the 1996 Summer Olympic Torch Relay to be run
through the Capitol Grounds, and for other purposes (Rept.
No. 104-608). Referred to the House Calendar.
Mr. SHUSTER. Committee on Transportation and
Infrastructure. H.R. 3186. A bill to designate the Federal
building located at 1655 Woodson Road in Overland, MO, as the
``Sammy L. Davis Federal Building'' (Rept. No. 104-609).
Referred to the House Calendar.
Mr. SHUSTER. Committee on Transportation and
Infrastructure. H.R. 3400. A bill to designate the U.S.
courthouse to be constructed at a site on 18th Street between
Dodge and Douglass Streets in Omaha, NE, as the ``Roman L.
Hruska United States Courthouse''; with amendments (Rept. No.
104-610). Referred to the House Calendar.
Mr. SHUSTER. Committee on Transportation and
Infrastructure. H.R. 3364. A bill to designate a U.S.
courthouse in Scranton, PA, as the `'William J. Nealon United
States Courthouse''; with amendments (Rept. No. 104-611).
Referred to the House Calendar.
para.69.20 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SHUSTER (for himself, Mr. Oberstar, Mr.
Boehlert, and Mr. Borski):
H.R. 3592. A bill to provide for conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. BUYER (for himself, Mr. Filner, and Mr.
Solomon):
H.R. 3593. A bill to require that reductions in force
procedures under the new personnel management system of the
Federal Aviation Administration be subject to veterans
preference; to the Committee on Transportation and
Infrastructure, and in addition to the Committee on
Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
H.R. 3594. A bill to amend title 38, United States Code, to
ensure compliance with veterans preference requirements at
the Department of Veterans Affairs; to the Committee on
Veterans' Affairs.
By Mr. BARRETT of Nebraska (for himself and Mr.
Bereuter):
H.R. 3595. A bill to make available to the Santee Sioux
Tribe of Nebraska its proportionate share of funds awarded in
Docket 74-A to the Sioux Indian Nation, and for other
purposes; to the Committee on Resources.
By Mr. CLINGER (for himself and Mr. English of
Pennsylvania):
H.R. 3596. A bill to provide for the establishment of the
Oil Region National Heritage Area, and for other purposes; to
the Committee on Resources.
By Mr. DUNCAN:
H.R. 3597. A bill to provide for a study of the
establishment of Midway Islands as a national memorial to the
Battle of Midway; to the Committee on Resources.
By Mr. KLECZKA:
H.R. 3598. A bill to amend part A of title XI of the Social
Security Act to prohibit certain misuses of the Social
Security account number; to the Committee on Ways and Means.
By Mr. MANTON (for himself, Mr. King, and Mr. Gilman):
H.R. 3599. A bill to authorize the President to enter into
a trade agreement concerning Northern Ireland and certain
border counties of the Republic of Ireland, and for other
purposes; to the Committee on Ways and Means.
By Mr. RAMSTAD (for himself, Mr. Wolf, Mr. Emerson, Mr.
Kleczka, and Mr. McNulty):
H.R. 3600. A bill to establish a commission to be known as
the Harold Hughes Commission on Alcoholism; to the Committee
on Commerce.
By Mr. TAUZIN (for himself, Mr. Barton of Texas, Mr.
Hayes, Mr. Norwood, Mr. Linder, Mr. Oxley, Mr.
Stearns, Mr. Towns, and Mr. Baker of Louisiana):
H.R. 3601. A bill to repeal the Public Utility Holding
Company Act of 1935, to enact the Public Utility Holding
Company Act of 1996, and for other purposes; to the Committee
on Commerce.
By Mr. ZELIFF (for himself, Mr. Pete Geren of Texas,
Mr. Clinger, Mr. Ehlers, Mr. Emerson, and Mr. Coble):
H.R. 3602. A bill to reduce the hazards of dam failures,
and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. TORRES (for himself, Ms. Roybal-Allard, Ms.
Eshoo, Mrs. Mink of Hawaii, Mr. Becerra, Mrs.
Clayton, Mr. Porter, Mrs. Roukema, and Mr. Horn):
H. Con. Res. 182. Concurrent resolution expressing the
sense of the Congress regarding the need for the President to
seek the Senate's advice and consent for ratification of the
1994 Inter-American Convention on the Prevention, Punishment,
and Eradication of Violence Against Women; to the Committee
on International Relations.
By Mrs. VUCANOVICH (for herself, Mr. Calvert, Mrs.
Clayton, Mr. Hobson, Mr. Hutchinson, Mrs. Johnson of
Connecticut, Mr. Lipinski, Mr. Myers of Indiana, Mr.
Petri, and Mr. Wamp):
H. Res. 449. Resolution relating to breast implants, the
Food and Drug Administration, and breast care; to the
Committee on Commerce.
para.69.21 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 52: Ms. DeLauro.
H.R. 359: Mr. Smith of New Jersey and Mr. Flake.
H.R. 580: Mr. Zeliff.
H.R. 887: Ms. Ros-Lehtinen.
H.R. 972: Mr. Tiahrt.
H.R. 1023: Mr. Lewis of California.
H.R. 1073: Mr. Becerra, Mr. Clyburn, Mr. Moakley, Mr.
Kennedy of Massachusetts, Ms. Velazquez, Mr. Rose, Mrs.
Maloney, Ms. Harman, Mr. Roemer, Mrs. Kennelly, Mr. Nadler,
Mr. Schumer, Mr. de la Garza, and Mr. Deal of Georgia.
H.R. 1074: Mr. Deal of Georgia, Mr. Becerra, Mr. Clyburn,
Mr. Moakley, Mr. Kennedy of Massachusetts, Ms. Velazquez, Mr.
Rose, Mrs. Maloney, Ms. Harman, Mr. Roemer, Mrs. Kennelly,
Mr. Nadler, Mr. Schumer, and Mr. de la Garza.
H.R. 1202: Mr. Durbin and Mr. Calvert.
H.R. 1462: Mr. Gonzalez, Mr. Poshard, Mr. Chabot, Mr.
Gallegly, Mr. Bilbray, Mr. Cunningham, Mr. Hall of Ohio, and
Ms. Roybal-Allard.
H.R. 1552: Mr. Saxton, Mr. Dickey, Mr. Hall of Ohio, Mr.
Shaw, Mr. Smith of New Jersey, Ms. Furse, Mr. Hamilton, Mr.
Shuster, Mr. Moran, Mr. Oberstar, Mr. Spratt, Mr. Brewster,
Mr. Gunderson, Mr. Dooley, and Mr. Johnson of South Dakota.
H.R. 1656: Mr. Markey.
H.R. 1711: Mr. LaHood and Mr. Riggs.
H.R. 1842: Mr. Luther.
[[Page 1317]]
H.R. 2122: Mr. Ensign.
H.R. 2338: Mr. Engel.
H.R. 2416: Mr. Quinn and Mr. Kleczka.
H.R. 2578: Mr. Brewster, Mr. Bonilla, Mr. Ackerman, Mr.
Dellums, Mr. Fattah, and Ms. Norton.
H.R. 2652: Mr. McNulty.
H.R. 2727: Mr. Roth and Mr. Traficant.
H.R. 2757: Mr. Inglis of South Carolina.
H.R. 2925: Ms. Harman.
H.R. 2930: Mr. Flanagan and Mr. Blute.
H.R. 2943: Mr. Pickett.
H.R. 3077: Mr. Bereuter.
H.R. 3079: Mr. Hall of Ohio.
H.R. 3083: Mr. Hastings of Washington and Mr. Crapo.
H.R. 3114: Mr. Houghton.
H.R. 3142: Mr. Livingston, Mr. Zeliff, Mrs. Maloney, Mr.
Jones, Mr. Coble, Mr. Moorhead, and Mr. Wise.
H.R. 3182: Mr. Bishop, Mr. Coburn, Mr. Paxon, Mr. Calvert,
and Mr. Evans.
H.R. 3199: Mr. Smith of Texas, Mr. Livingston, Mr. Young of
Alaska, Mr. Bevill, Mr. Clyburn, Mr. Costello, Mr. Wamp, Mr.
Farr, Mr. Zeliff, and Ms. Harman.
H.R. 3201: Mr. Sensenbrenner, Mr. Fawell, Mr. Shuster, Mr.
Hayworth, Mr. Bryant of Tennessee, Mr. Horn, Mr. Hutchinson,
Mr. Linder, Mr. Frost, and Mr. Wamp.
H.R. 3207: Mr. Camp, Mr. Lewis of Georgia, Mr. Hutchinson,
Mr. Deal of Georgia, Mr. Stump, and Mr. Ganske.
H.R. 3217: Ms. Slaughter, Mr. Flanagan, and Ms. Woolsey.
H.R. 3226: Ms. Norton.
H.R. 3266: Mr. Taylor of Mississippi, Mr. Spratt, and Mr.
Poshard.
H.R. 3307 Mr. Hancock, Mr. Shaw, Mr. Linder, and Mr.
Goodlatte.
H.R. 3310: Mr. Tate and Ms. Kaptur.
H.R. 3338: Mr. Cremeans, Mr. LaTourette, Mrs. Meyers of
Kansas, Mr. Luther, Mr. Bishop, Mr. Kolbe, Mr. Dooley, Mr.
Chabot, Mr. Hostettler, Mr. Ehrlich, Mr. Chambliss, Mr.
Calvert, Mr. Hayworth, Mr. Bunning of Kentucky, Mr. Ramstad,
Mr. Hastert, Mr. Talent, Mr. Oxley, Mr. Herger, Mr. Weller,
Mr. Metcalf, Mr. Cunningham, Mr. Goodlatte, and Mr. Buyer.
H.R. 3362: Mr. Cummings, Mr. Ackerman, Mr. Clyburn, and Mr.
Moran.
H.R. 3391: Mr. Barton of Texas, Mrs. Myrick, and Mr.
Cooley.
H.R. 3423: Mr. Calvert, Mr. Watts of Oklahoma, Mr.
Bereuter, Mr. Canady, and Mr. Inglis of South Carolina.
H.R. 3424: Mr. Evans, Mr. Frost, and Mr. Holden.
H.R. 3442: Mr. Foley.
H.R. 3450: Mr. Weldon of Pennsylvania.
H.R. 3463: Mr. Torres, Mr. Conyers, Mr. Waxman, and Mr.
Brown of California.
H.R. 3468: Mr. Baker of Louisiana, Mr. Sabo, and Mr.
Gallegly.
H.R. 3520: Mr. Mascara and Mr. Ackerman.
H.R. 3522: Mr. Durbin.
H.R. 3525: Mr. Hoke, Mr. Canady, Mr. Calvert, Mr. Horn, Mr.
Bereuter, Mr. Franks of Connecticut, Mr. Stockman, and Mrs.
Morella.
H.R. 3551: Mr. Zimmer, Mr. King, and Mrs. Mink of Hawaii.
H.R. 3556: Mr. Jacobs and Mr. Luther.
H.R. 3580: Mr. Norwood, Mrs. Fowler, Mr. Herger, Mr.
Bliley, Mr. Stump, and Mrs. Vucanovich.
H. Con. Res. 124: Mr. Torkildsen.
H. Res. 398: Mr. Torricelli and Mr. Zimmer.
para.69.22 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1462: Mr. Volkmer.
.
FRIDAY, JUNE 7, 1996 (70)
para.70.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Ms. GREENE,
who laid before the House the following communication:
Washington, DC,
June 7, 1996.
I hereby designate the Honorable Enid Greene to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.70.2 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Thursday, June 6, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.70.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3441. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $111,016,158 in budget authority to
the Federal Emergency Management Agency, and to designate the
amounts made available as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended--received
in the U.S. House of Representatives June 6, 1996, pursuant
to 31 U.S.C. 1107 (H.Doc. No. 104-229); to the Committee on
Appropriations and ordered to be printed.
3442. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Veterans Education: Increased
Allowances for the Educational Assistance Test Program (RIN:
2900-AH78) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
3443. A letter from the Acting Chairperson, Appraisal
Subcommittee, transmitting the 1995 annual report of the
Appraisal Subcommittee of the Federal Financial Institutions
Examination Council, pursuant to Public Law 101-73, section
1103(a)(4) (103 Stat. 512); to the Committee on Banking and
Financial Services.
3444. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the National
Marine Fisheries Services's final rule--Whaling Provisions;
Consolidation and Revision of Regulations Collection-of-
Information Approval [Docket No. 960312069-6153-02; I.D.
022796F] received June 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3445. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Soldiers' and Sailors', Civil Relief
(RIN: 2900-AH53) received June 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3446. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--United States Government Life
Insurance (RIN: 2900-AH52) received June 5, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Veterans' Affairs.
3447. A letter from the Commissioner, Social Security
Administration, transmitting a draft of proposed legislation
to amend the Social Security Act and related laws to extend
and amend demonstration project authority, make perfecting
amendments related to tax withholding from Social Security
benefits, make a technical clarification in the effective
date of the denial of disability benefits to drug addicts and
alcoholics, make administrative improvements respecting
reports by prisons and certain other institutions, and
address the treatment under the supplemental security income
program of the disposal of resources for less than fair
market value--received June 5, 1996; jointly, to the
Committees on Ways and Means and Government Reform and
Oversight.
para.70.4 submission of conference report--h. con. res. 178
Mr. HERGER submitted a conference report (Rept. No. 104-612) on the
concurrent resolution (H. Con. Res. 178) establishing the congressional
budget for the United States Government for fiscal year 1997 and setting
forth appropriate budgetary levels for fiscal years 1998, 1999, 2000,
2001, and 2002; together with a statement thereon, for printing in the
Record under the rule.
para.70.5 agriculture appropriations
Mr. SKEEN submitted a privileged report (Rept. No. 104-613) on the
bill (H.R. 3603) making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies for
fiscal year 1997.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
And then,
para.70.6 adjournment
On motion of Mr. MONTGOMERY, pursuant to the special order agreed to
on Thursday, June 6, 1996, at 10 o'clock and 5 minutes a.m., the House
adjourned until 12:30 p.m. on Monday, June 10, 1996.
para.70.7 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. KASICH: Committee of conference. Conference report on
House Concurrent Resolution 178. Resolution establishing the
congressional budget for the U.S. Government for fiscal year
1997 and setting forth appropriate budgetary levels for
fiscal years 1998, 1999, 2000, 2001, and 2002 (Rept. No. 104-
612). Ordered to be printed.
Mr. SKEEN: Committee on Appropriations. H.R. 3603. A bill
making appropriations for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-613). Referred to the Committee of
the Whole House on the State of the Union.
para.70.8 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3107. Referral to the Committee on Ways and Means
extended for a period ending not later than June 11, 1996.
[[Page 1318]]
para.70.9 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SKEEN:
H.R. 3603. A bill making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1997, and for other purposes.
para.70.10 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 3449: Mr. Lucas and Mr. Stenholm.
.
MONDAY, JUNE 10, 1996 (71)
para.71.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. HUTCHINSON, who laid before the House the following
communication:
Washington, DC,
June 10, 1996.
I hereby designate the Honorable Y. Tim Hutchinson to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.71.2 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill of the following title, in
which the concurrence of the House is requested:
S. 1634. An Act to amend the resolution establishing the
Franklin Delano Roosevelt Memorial Commission to extend the
service of certain members.
para.71.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to the order of the
House of Friday, May 12, 1995, recognized Members for ``morning hour''
debates.
para.71.4 recess--12:33 p.m.
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to clause 12 of rule
I, declared the House in recess until 2:00 p.m.
para.71.5 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. COBLE, called the House to order.
para.71.6 approval of the journal
The SPEAKER pro tempore, Mr. COBLE, announced he had examined and
approved the Journal of the proceedings of Friday, May 7, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.71.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3448. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of May 1, 1996, pursuant
to 2 U.S.C. 685(e) (H. Doc. No. 104-230); to the Committee on
Appropriations and ordered to be printed.
3449. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--List of Regulated
Substances and Thresholds for Accidental Release Prevention;
Final Rule--Stay of Effectiveness (FRL-5516-6) received June
6, 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to the
Committee on Commerce.
3450. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--40 CFR Parts 1528 and
1552 Acquisition Regulation (FRL-5517-4) received June 6,
1996, pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee
on Commerce.
3451. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's major final rule--Risk Management
Program Regulations for Chemical Accident Release Prevention,
as required by section 112(r) of the Clean Air Act--received
June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3452. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Ohio (FRL-5506-5)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3453. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Protection of
Stratospheric Zone (FRL-5518-1) received June 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3454. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Indiana (FRL-5509-5)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3455. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; State of New Mexico;
Approval of the Vehicle Inspection and Maintenance Program,
Emissions Inventory, and Maintenance Plan; Redesignation to
Attainment Albuquerque/Bernalillo County, New Mexico; Carbon
Monoxide (FRL-5514-2) received June 7, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3456. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plans; California State Implementation Plan
Revision, Five Local Air Pollution Control Districts (FRL-
5464-4) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3457. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Virginia;
Approval of Alternative Compliance Plans for the Reynolds
Metals Graphic Arts Plants (FRL-5514-6) received June 7,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3458. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Shelton, Washington) [MM
Docket No. 95-156] received June 7, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3459. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Woodville and Liberty,
Mississippi; Clayton and Jena, Louisiana) [MM Docket No. 94-
115] received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3460. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Blossom, TX, DeQueen,
Arkansas, and Coalgate, Oklahoma) [MM Docket No. 95-75]
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3461. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Clovis and Madera,
California) [MM Docket No. 90-45] received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3462. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Woodville and Liberty,
Mississippi; Clayton and Jena, Louisiana) [MM Docket No. 94-
115] received June 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3463. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Chester, Shasta Lake City,
Alturas, McCloud and Weaverville, California) [MM Docket No.
94-76 and MM Docket No. 94-77] received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3464. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.606(b), Table of
Allotments, TV Broadcast Stations (Virginia Beach, Virginia)
[MM Docket No. 95-77] received June 10, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3465. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Shelton, Washington) [MM
Docket No. 95-156] received June 10, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3466. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Revocation of Certain
Regulations Affecting Food [Docket No. 95N-310F] received
June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3467. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Environmental Review for Renewal of
Nuclear Power Plant Operating Licenses (RIN: 3150-AD63)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3468. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
project concerning a NATO mid-term modernization program
which will improve the airborne early warning and control
system [AEW&C]
[[Page 1319]]
mission capabilities of NATO E-3A aircraft, simulators, and
training cargo aircraft (Transmittal No. 11-96) received June
7, 1996, pursuant to 22 U.S.C. 2767(f); to the Committee on
International Relations.
3469. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of an umbrella
cooperative project with Canada covering future collaboration
on research, exploratory development, and advanced
development whose maturation may lead to technologically
superior conventional weapon systems (Transmittal No. 12-96)
received June 7, 1996, pursuant to 22 U.S.C. 2767(f); to the
Committee on International Relations.
3470. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
project concerning improvements to a modular electronic
subsystem for the purpose of enhancing both air and ground
electronic warfare detection capabilities (Transmittal No.
10-96) received June 7, 1996, pursuant to 22 U.S.C. 2767(f);
to the Committee on International Relations.
3471. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Notification of Foreign Official
Status--Elimination and Reinvention of Regulations (Office of
Protocol, Department of State) (22 CFR, Part 4) received June
7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on International Relations.
3472. A letter from the Secretary of Health and Human
Services; transmitting the semiannual report on activities of
the inspector general for the period October 1, 1995, through
March 31, 1996, and the semiannual management report for the
same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3473. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-268, ``Police
Officers Outside Employment Amendment Act of 1996''--received
June 7, 1996, pursuant to D.C. Code, section 1-233(c)(1); to
the Committee on Government Reform and Oversight.
3474. A letter from the Federal Co-Chairman, Appalachian
Regional Commission, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, pursuant to 5 U.S.C. app.
(Insp. Gen. Act) section 5(b); to the Committee on Government
Reform and Oversight.
3475. A letter from the Director, Office of Surface Mining,
Department of the Interior, transmitting the Department's
final rule--Texas Regulatory Program (Office of Surface
Mining Reclamation and Enforcement) [SPATS No TX-027-FOR]
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3476. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Pacific Coast Groundfish Fishery; Whiting At-Sea Processing
[Docket No. 951227306-6117-02; I.D. 053096A] received June 7,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3477. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Gulf of Mexico Fisheries Disaster Program [Docket
No. 960322092-6159-02; I.D. 032596B] received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3478. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Seymour, TX--Docket No.
95-ASW-01 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0036) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3479. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Guymon, OK--Docket No. 95-ASW-
22 (Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0037) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3480. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Artesia, NM--Docket No. 95-ASW-
08 (Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0035) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3481. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Victoria, TX--Docket No. 95-
ASW-20 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0052) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3482. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Guthrie, TX--Docket No. 95-ASW-
17 (Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0050) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3483. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Proposed Establishment of Class E Airspace; Soncra, TX--
Docket No. 95-ASW-07 (Federal Aviation Administration) (RIN:
2120-AA66) (1996-0045) received June 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3484. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (24) [Amendment Number 1733] (Federal Aviation
Administration) (RIN: 2120-AA65) (1996-0016) received June 6,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3485. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (27) [Amendment Number 1732] (Federal Aviation
Administration) (RIN: 2120-AA65) (1996-0015) received June 6,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3486. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Decision of the United States Supreme Court Concerning an
Agency Interpretation of the Federal Hours of Service Laws;
Change in Agency Interpretation; Enforcement Policy Regarding
Violations of Laws as Previously Interpreted (Federal
Railroad Administration) (49 CFR Part 228) received June 6,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3487. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone Regulations: U.S. Coast Guard Base Miami Beach;
Miami Beach, FL [COTP Miami 96-039] (RIN: 2115-AA97) received
June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3488. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Lake Erie, Detroit to Cleveland [CDG09-96-002]
(RIN: 2115-AA97) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3489. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Ohio River, Miles 309.0 to 312.5; Vicinity of
the Huntington West End Bridge, Huntington, WV [COTP
Huntington 96-008] (RIN: 2115-AA97) received June 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3490. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Harborwalk Boat Race; Sampit
River, Georgetown, SC [CGD07-96-015] (RIN: 2115-AE46)
received June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3491. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulatory Reinvention Initiative: Pipeline Safety Program
Procedures; Reporting Requirements; Gas Pipeline Standards;
and Liquefied Natural Gas Facilities Standards (Research and
Special Programs Administration) [Docket No. PS-125; Notice
2] (RIN: 2137-AC28) received June 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3492. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
National Standards for Traffic Control Devices; Metric
Conversion (Federal Highway Administration) [FHWA Docket No.
96-20] (RIN: 2125-AD63) received June 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3493. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Polices Relating to Rulemaking Proceedings (RIN: 2105-AC55)
received June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3494. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Kaiser, MO; Camdenton, MO;
Sedalia, MO; West Plains, MO; Point Lookout, MO; St. Charles,
MO; Monett, MO; Butler, MO; Monroe City, MO; etc. (11)
(Federal Aviation Administration) [Docket No. 96-ACE-2] (Rin:
2120-AA66) (1996-0053) received June 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3495. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standards for Approval for High Altitude Operation of
Subsonic Transport Airplanes (Federal Aviation
Administration) (RIN: 2120-AB18) received June 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3496. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-10
Series Airplanes and Model MD-11F (Freighter) Airplanes
(Federal Aviation Administration) (Docket No. 95-NM-120-AD)
(RIN: 2120-AA64) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3497. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness
[[Page 1320]]
Directives; Textron Lycoming Model TI0-540-S1A Reciprocating
Engines (Federal Aviation Administration) (Docket No. 91-ANE-
29) (RIN: 2120-AA64) received June 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3498. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9-80
Series Airplanes, Model MD-88 Airplanes, and MD-90 Airplanes
(Federal Aviation Administration) (Docket No. 96-NM-111-AD)
(RIN: 2120-AA64) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3499. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Aviat Aircraft, Inc. Models S-1S,
S-1T, S-2, S-2A, S-2S, and S-2B Airplanes (formerly known as
Pitts Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B Airplanes)
(Federal Aviation Administration) [Docket No. 96-CE-23-AD;
Amendment 39-9645; AD 96-12-03] (RIN:2120-AA64) received June
6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3500. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Canadair Model CL-215-1A10 Series
Airplanes (Federal Aviation Administration) (Docket No. 96-
NM-61-AD) (RIN: 2120-AA64) received June 6, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3501. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model MD-11
Series Airplanes (Federal Aviation Administration) (Docket
No. 96-NM-56-AD) (RIN: 2120-AA64) received June 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3502. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Twin Commander Aircraft Corporation
500, 680, and 690 Series Airplanes (Federal Aviation
Administration) (Docket No. 96-CE-22-AD) (RIN: 2120-AA64)
received June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3503. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft, Inc. Models
PA31, PA31-300, PA31-325, and PA31-350 Airplanes (Federal
Aviation Administration) (Docket No. 90-CE-60-AD) (RIN: 2120-
AA64) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3504. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(Federal Aviation Administration) (Docket No. 95-NM-133-AD)
(RIN: 2120-AA64) received June 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3505. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A300 B2 and B4 Series
Airplanes, Excluding Model A300-600 Series Airplanes (Federal
Aviation Administration) Docket No. 95-NM-161-AD) (RIN: 2120-
AA64) received June 6, 1996, pursuant to 5 U.S.C.
801(a)91)(A); to the Committee on Transportation and
Infrastructure.
3506. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a letter from the Chief of
Engineers, Department of the Army concerning Humboldt Harbor
and Bay, CA, dated October 30, 1995, submitting a report
together with accompanying papers and illustrations (H. Doc.
No. 104-231); to the Committee on Transportation and
Infrastructure and ordered to be printed.
3507. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Post-Vietnam Era Veterans'
Educational Assistance: Miscellaneous (RIN: 2900-AH64)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Veterans' Affairs.
3508. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Autopsies (RIN: 2900-AI07) received
June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
3509. A letter from the Chairman, U.S. International Trade
Commission, transmitting a copy of the 85th quarterly report
on trade between the United States and China, the successor
states to the former Soviet Union, and other title IV
countries during 1995, pursuant to 19 U.S.C. 2440; to the
Committee on Ways and Means.
3510. A letter from the Under Secretary of Defense,
transmitting the Department's report entitled ``Quality of
Research Under the DOD Small Business Innovation Research
[SBIR] Program,'' pursuant to Public Law 102-564, section 106
(106 Stat. 4256); jointly, to the Committees on National
Security and Small Business.
3511. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-31: Assistance Program
for Russia, pursuant to Public Law 103-87, section 577(a)
(107 Stat. 973); jointly, to the Committees on International
Relations and Appropriations.
3512. A letter from the Board of Directors, Office of
Compliance, transmitting a notice for publication in the
Congressional Record, pursuant to Public Law 104-1, section
304(b)(1) (109 Stat. 29); jointly, to the Committees on House
Oversight and Economic and Educational Opportunities.
3513. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting the U.S. Army Corps of Engineers
Division Restructuring Plan, pursuant to Public Law 104-46,
title I (109 Stat. 405); jointly, to the Committees on
Transportation and Infrastructure and Appropriations.
para.71.8 subpoena
The SPEAKER pro tempore, Mr. COBLE, laid before the House the
following communication from the Chief Administrative Officer of the
House:
U.S. House of Representatives,
Office of the Chief Administrative Officer,
Washington, DC, May 24, 1996.
Re Burton v. Allard.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scot M. Faulkner.
para.71.9 chickamauga and chattanooga national military park
Mr. POMBO moved to suspend the rules and pass the bill (H.R. 848) to
increase the amount authorized to be appropriated for assistance for
highway relocation regarding the Chickamauga and Chattanooga and
National Military Park in Georgia; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. POMBO and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.10 olympic torch relay through capitol grounds
Mr. GILCHREST moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 172):
Resolved by the House of Representatives (the Senate
concurring).
SECTION 1. AUTHORIZATION OF RUNNING OF 1996 SUMMER OLYMPIC
TORCH RELAY THROUGH CAPITOL GROUNDS.
On June 20, 1996, or on such other date as the Speaker of
the House of Representatives and the President pro tempore of
the Senate may jointly designate, the 1996 Summer Olympic
Torch Relay may be run through the Capitol Grounds, and the
Olympic Torch may be displayed on the Capitol Grounds
overnight, as part of the ceremony of the Centennial Olympic
Games to be held in Atlanta, Georgia.
SEC. 2. CONDITIONS.
(a) In General.--The event authorized by section 1 shall be
free of admission charge to the public and arranged not to
interfere with the needs of Congress, under conditions to be
prescribed by the Architect of the Capitol and the Capitol
Police Board. The sponsor of the event shall assume full
responsibility for all expenses and liabilities incident to
all activities associated with the event.
(b) Prohibition on Display of Advertisements.--The
Architect of the Capitol and the Capitol Police Board shall
take such actions as may be necessary to prohibit the display
of advertisements for commercial products or services during
the event. Such actions shall include measures to ensure that
advertisements are not displayed on any vehicle accompanying
runners in the Torch Relay.
SEC. 3. STRUCTURES AND EQUIPMENT.
For the purposes of this resolution, the sponsor of the
event authorized by section 1 may erect upon the Capitol
Grounds, subject to the approval of the Architect of the
Capitol, such structures and equipment as are necessary for
the event.
SEC. 4. ADDITIONAL ARRANGEMENTS.
The Architect of the Capitol and the Capitol Police Board
are authorized to make any
[[Page 1321]]
additional arrangement that may be required to carry out the
event authorized by section 1.
SEC. 5. LIMITATIONS ON REPRESENTATIONS.
A commercial sponsor of the 1996 Summer Olympic Torch Relay
may not represent, either directly or indirectly, that this
resolution or any activity carried out under this resolution
in any way constitutes approval or endorsement by the Federal
Government of the commercial sponsor or any product or
service offered by the commercial sponsor.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GILCHREST and Mr.
MASCARA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.71.11 washington soap box derby
Mr. GILCHREST moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 153):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES ON CAPITOL
GROUNDS.
The Greater Washington Soap Box Derby Association
(hereinafter in this resolution referred to as the
``Association'') shall be permitted to sponsor a public
event, soap box derby races, on the Capitol grounds on July
13, 1996, or on such other date as the Speaker of the House
of Representatives and the President pro tempore of the
Senate may jointly designate.
SEC. 2. CONDITIONS.
The event to be carried out under this resolution shall be
free of admission charge to the public and arranged not to
interfere with the needs of Congress, under conditions to be
prescribed by the Architect of the Capitol and the Capitol
Police Board; except that the Association shall assume full
responsibility for all expenses and liabilities incident to
all activities associated with the event.
SEC. 3. STRUCTURES AND EQUIPMENT.
For the purposes of this resolution, the Association is
authorized to erect upon the Capitol grounds, subject to the
approval of the Architect of the Capitol, such stage, sound
amplification devices, and other related structures and
equipment as may be required for the event to be carried out
under this resolution.
SEC. 4. ADDITIONAL ARRANGEMENTS.
The Architect of the Capitol and the Capitol Police Board
are authorized to make any such additional arrangements that
may be required to carry out the event under this resolution.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GILCHREST and Mr.
MASCARA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.71.12 e. barrett prettyman u.s. courthouse
Mr. GILCHREST moved to suspend the rules and pass the bill (H.R. 3029)
to designate the United States courthouse in Washington, District of
Columbia, as the ``E. Barrett Prettyman United States Courthouse''.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GILCHREST and Mr.
MASCARA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.13 sammy l. davis federal building
Mr. GILCHREST moved to suspend the rules and pass the bill (H.R. 3186)
to designate the Federal building located at 1655 Woodson Road in
Overland, Missouri, as the ``Sammy L. Davis Federal Building''.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GILCHREST and Mr.
MASCARA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.14 william j. nealon u.s. courthouse
Mr. GILCHREST moved to suspend the rules and pass the bill (H.R. 3364)
to designate a United States courthouse in Scranton, Pennsylvania, as
the ``William J. Nealon United States Courthouse''; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GILCHREST and Mr.
MASCARA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GILCHREST demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.71.15 roman l. hruska u.s. courthouse
Mr. GILCHREST moved to suspend the rules and pass the bill (H.R. 3400)
to designate the United States courthouse to be constructed at a site on
18th Street between Dodge and Douglas Streets in Omaha, Nebraska, as the
``Roman L. Hruska United States Courthouse''; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GILCHREST and Mr.
MASCARA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GILCHREST demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.71.16 individuals with disabilities education
Mr. GOODLING moved to suspend the rules and pass the bill (H.R. 3268)
to amend the Individuals with Disabilities Education Act, to reauthorize
and make improvements to that act, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. GOODLING and Mr.
KILDEE, each for 20 minutes.
After debate,
[[Page 1322]]
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.17 antarctic environmental protection
Mr. WALKER moved to suspend the rules and pass the bill (H.R. 3060) to
implement the Protocol on Environmental Protection to the Antarctic
Treaty.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.71.18 recess--4:14 p.m.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 14 minutes p.m., subject
to the call of the Chair until approximately 5:00 p.m.
para.71.19 after recess--5:00 p.m.
The SPEAKER pro tempore, Mr. LaHOOD, called the House to order.
para.71.20 h.r. 3364--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3364) to designate a United States courthouse in
Scranton, Pennsylvania, as the ``William J. Nealon United States
Courthouse''; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
Yeas
340
It was decided in the
Nays
0
<3-line {>
affirmative
Answered present
1
para.71.21 [Roll No. 222]
YEAS--340
Abercrombie
Andrews
Archer
Armey
Bachus
Baesler
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chrysler
Clay
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeLauro
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Mascara
McCollum
McCrery
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meek
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zimmer
ANSWERED ``PRESENT''--1
Chenoweth
NOT VOTING--93
Ackerman
Allard
Baker (CA)
Baker (LA)
Barr
Barton
Bateman
Bishop
Bliley
Blumenauer
Bonilla
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Calvert
Chapman
Christensen
Clyburn
Crapo
Danner
DeFazio
DeLay
Dellums
Deutsch
Doolittle
Ehrlich
Engel
Ensign
Fattah
Filner
Flake
Foglietta
Foley
Ford
Frisa
Frost
Furse
Gephardt
Gibbons
Gordon
Hansen
Harman
Hastings (FL)
Hayes
Hunter
Inglis
Istook
Jefferson
Johnson, Sam
Kennedy (RI)
Lantos
Largent
Latham
Lincoln
Martini
Matsui
McCarthy
McDade
McDermott
McInnis
Meehan
Menendez
Metcalf
Moran
Nadler
Ortiz
Owens
Packard
Payne (NJ)
Pryce
Quillen
Rangel
Reed
Richardson
Rohrabacher
Roukema
Schaefer
Schiff
Schumer
Skelton
Smith (NJ)
Stenholm
Thomas
Torkildsen
Torricelli
Towns
Waters
Waxman
Wise
Young (FL)
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the Federal Building and United States courthouse located at
235 North Washington Avenue in Scranton, Pennsylvania as the `William J.
Nealon Federal Building and United States Post Office'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.22 h.r. 3400--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3400) to designate the United States
courthouse to be constructed at a site on 18th Street between Dodge and
Douglas Streets in Omaha, Nebraska, as the ``Roman L. Hruska United
States Courthouse''; as amended.
The question being put,
[[Page 1323]]
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
339
<3-line {>
affirmative
Nays
4
para.71.23 [Roll No. 223]
YEAS--339
Abercrombie
Andrews
Archer
Armey
Bachus
Baesler
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chrysler
Clay
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeLauro
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meek
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NAYS--4
Chenoweth
LaFalce
Torres
Williams
NOT VOTING--91
Ackerman
Allard
Baker (CA)
Baker (LA)
Barr
Barton
Bateman
Bliley
Blumenauer
Bonilla
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Calvert
Chapman
Christensen
Clyburn
Crapo
Danner
DeFazio
DeLay
Dellums
Doolittle
Ehrlich
Engel
Ensign
Fattah
Filner
Flake
Foglietta
Ford
Frisa
Frost
Furse
Gephardt
Gibbons
Gordon
Hansen
Harman
Hastings (FL)
Hayes
Houghton
Hunter
Inglis
Istook
Jefferson
Johnson, Sam
Kennedy (RI)
Lantos
Largent
Latham
Lincoln
Matsui
McCarthy
McDade
McDermott
McInnis
Meehan
Menendez
Metcalf
Nadler
Ortiz
Owens
Packard
Payne (NJ)
Pelosi
Pryce
Quillen
Radanovich
Rangel
Reed
Richardson
Rohrabacher
Roukema
Schaefer
Schiff
Schumer
Skelton
Smith (NJ)
Stenholm
Taylor (NC)
Thomas
Torkildsen
Torricelli
Towns
Waxman
Wise
Young (FL)
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the Federal building and United States courthouse to be
constructed at a site on 18th Street between Dodge and Douglas Streets
in Omaha, Nebraska as the `Roman L. Hruska Federal Building and United
States Courthouse'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.24 h.r. 3060--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3060) to implement the Protocol on
Environmental Protection to the Antarctic Treaty.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
352
<3-line {>
affirmative
Nays
4
para.71.25 [Roll No. 224]
YEAS--352
Abercrombie
Andrews
Archer
Armey
Bachus
Baesler
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meek
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
[[Page 1324]]
Pomeroy
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NAYS--4
Chenoweth
Cooley
Stockman
Stump
NOT VOTING--78
Ackerman
Allard
Baker (CA)
Baker (LA)
Barr
Barton
Bateman
Bliley
Bonilla
Browder
Brown (FL)
Brown (OH)
Bryant (TX)
Calvert
Chapman
Clyburn
Crapo
DeFazio
DeLay
Dellums
Doolittle
Ehrlich
Engel
Ensign
Fattah
Filner
Flake
Foglietta
Ford
Frisa
Frost
Gephardt
Gibbons
Gordon
Hansen
Harman
Hastings (FL)
Hayes
Hunter
Inglis
Istook
Jefferson
Johnson, Sam
Kennedy (RI)
Lantos
Largent
Latham
Lincoln
McDade
McInnis
Meehan
Menendez
Metcalf
Nadler
Ortiz
Owens
Packard
Pryce
Quillen
Rangel
Reed
Richardson
Rohrabacher
Roukema
Schaefer
Schiff
Schumer
Smith (NJ)
Stenholm
Taylor (NC)
Thomas
Torkildsen
Torricelli
Towns
Waxman
Wise
Young (FL)
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.71.26 waiving points of order against conference report to
accompany h. con. res. 178
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-615) the resolution (H. Res. 450) waiving points of order
against the conference report to accompany the concurrent resolution (H.
Con. Res. 178) establishing the congressional budget for the United
States Government for fiscal year 1997 and setting forth appropriate
budgetary levels for fiscal years 1998, 1999, 2000, 2001, and 2002.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.71.27 providing for the consideration of h.r. 3603
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-616) the resolution (H. Res. 451) providing for the
consideration of the bill (h.r. 3603) making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 1997,
and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.71.28 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1634. An Act to amend the resolution establishing the
Franklin Delano Roosevelt Memorial Commission to extend the
service of certain members; to the Committee on Resources.
para.71.29 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HASTINGS of Florida, for today and June 11.
To Mr. UNDERWOOD, for today and balance of week;
To Mr. SCHIFF, for today and June 11;
To Mr. ROHRABACHER, for today; and
To Mrs. LINCOLN, for today and balance of week.
And then,
para.71.30 adjournment
On motion of Mr. JACKSON, at 8 o'clock and 49 minutes p.m., the House
adjourned until 9:00 o'clock a.m., Tuesday, June 11, 1996.
para.71.31 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 3268. A bill to amend the Individuals
with Disabilities Education Act, to reauthorize and make
improvements to that act, and for other purposes; with an
amendment (Rept. No. 104-614). Referred to the Committee of
the Whole House on the State of the Union.
Mr. DREIER: Committee on Rules. House Resolution 450.
Resolution waiving points of order against the conference
report to accompany the concurrent resolution (H. Con. Res.
178) establishing the congressional budget for the U.S.
Government for fiscal year 1997 and setting forth appropriate
budgetary levels for fiscal years 1998, 1999, 2000, 2001, and
2002. (Rept. No. 104-615). Referred to the House Calendar.
Mr. LINDER: Committee on Rules. House Resolution 451.
Resolution providing for consideration of the bill (H.R.
3603) making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and related
agencies programs for the fiscal year ending September 30,
1997, and for other purposes (Rept. No. 104-616). Referred to
the House Calendar.
para.71.32 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BLILEY (for himself, Mr. Dingell, Mr. Bilirakis,
Mr. Waxman, Mr. Moorhead, Mr. Bryant of Texas, Mr.
Oxley, Mr. Towns, Mr. Schaefer, Mr. Studds, Mr.
Upton, Mr. Pallone, Mr. Franks of Connecticut, Mrs.
Lincoln, Mr. Greenwood, Mr. Deutsch, Mr. Crapo, Mr.
Rush, Mr. Deal, of Georgia, Ms. Furse, Mr. Bilbray,
Mr. Stupak, Mr. Whitfield, Mr. Manton, Mr. Ganske,
Mr. Richardson, Mr. Gordon, and Mr. Markey):
H.R. 3604. A bill to amend title XIV of the Public Health
Service Act (the ``Safe Drinking Water Act''), and for other
purposes; to the Committee on Commerce.
By Mr. LEWIS of California:
H.R. 3605. A bill to amend the Internal Revenue Code of
1986 to clarify the exemption from tax for State funds
providing coverage for losses on property arising from
earthquakes; to the Committee on Ways and Means.
By Ms. LOFGREN:
H.R. 3606. A bill to amend the Communications Act of 1934
to restore freedom of speech to the Internet and to protect
children from unsuitable online material; to the Committee on
Commerce.
By Mr. SANDERS:
H.R. 3607. A bill to amend chapter 35 of title 44, United
States Code, popularly known as the Paperwork Reduction Act,
to ensure that Federal agencies give priority to reducing
paperwork burdens on small businesses having 50 or fewer
employees; to the Committee on Government Reform and
Oversight, and in addition to the Committee on Small
Business, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SANDERS (for himself, Mr. Frank of
Massachusetts, Mr. Barrett of Wisconsin, Mr. Stark,
and Mr. Miller of California):
H.R. 3608. A bill to amend section 818 of the National
Defense Authorization Act for fiscal year 1995 to prohibit
additional payments for restructuring costs under defense
contracts and to revise certain reporting requirements
relating to such costs; to the Committee on National
Security.
By Mr. SHAYS (for himself and Mr. Farr):
H.R. 3609. A bill to authorize appropriations for the
payment of U.S. arrearages in assessed contributions to the
United Nations for prior years and to authorize
appropriations for the payment of assessed contributions of
the United States for U.N. peacekeeping operations; to the
Committee on International Relations.
para.71.33 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
221. By the SPEAKER: Memorial of the House of
Representatives of the State of New Hampshire, relative to
House Joint Resolution 25 urging the Federal Energy
Regulatory Commission, the U.S. Environmental Protection
Agency, the Council on Environmental Quality, the U.S.
Congress, and the President of the United States to implement
increased competition in the electric utility industry in a
manner that furthers environmental improvement and promotes
full and
[[Page 1325]]
fair competition including equitable and appropriate
environmental regulation for all electricity generators; to
the Committee on Commerce.
222. Also, memorial of the House of Representatives of the
State of New Hampshire, relative to House Concurrent
Resolution 27 urging Congress to reauthorize certain aspects
of the Safe Drinking Water Act; to the Committee on Commerce.
223. Also, memorial of the Senate of the State of New
Jersey, relative to Senate Resolution No. 28 encouraging the
New Jersey congressional delegation to support Federal
legislation providing for greater local television coverage
for the State of New Jersey; to the Committee on Commerce.
para.71.34 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 351: Mr. Moorhead.
H.R. 1010: Ms. Lofgren, Mr. Ford, Mr. Scarborough, Mrs.
Schroeder, and Mr. Ehlers.
H.R. 1733: Mr. Burr.
H.R. 2246: Mr. Wynn and Ms. Jackson-Lee.
H.R. 2391: Mr. Funderburk and Mr. Weldon of Florida.
H.R. 2442: Mr. Hall of Ohio and Mr. Rohrabacher.
H.R. 2587: Mr. Longley.
H.R. 2701: Ms. Velazquez.
H.R. 2867: Mr. Hostettler.
H.R. 2925: Mr. Kingston.
H.R. 2962: Mr. Ackerman, Mr. Miller of California, Mr.
Gejdenson, and Mr. Vento.
H.R. 3083: Mr. Gallegly.
H.R. 3087: Mr. Norwood
H.R. 3119: Mr. Peterson of Minnesota.
H.R. 3161: Mr. Kolbe and Mr. Gordon.
H.R. 3199: Mr. Shaw, Mr. Weller, Mr. Quillen, and Mr.
Combest.
H.R. 3234: Mr. Goodling, Mr. Upton, Mrs. Myrick, Mr.
Radanovich, Mr. Souder, Mr. Doolittle, and Mr. Weldon of
Florida.
H.R. 3244: Mrs. Collins of Illinois, Mr. Armey, Mr. Towns,
Mr. Hastings of Florida, Mrs. Meek of Florida, Mr. Frazer,
and Mr. Romero-Barcelo.
H.R. 3251: Mr. Hefley.
H.R. 3252: Mr. Watt of North Carolina, Mr. Wynn, Mr.
Fattah, and Mrs. Clayton.
H.R. 3294: Mr. Spratt and Mr. Dellums.
H.R. 3332: Mr. Rangel, Mr. Dellums, Mr. Scott, Mr. Clyburn,
Mr. Johnston of Florida, Mrs. Collins of Illinois, Mr.
Frazer, Mr. DeFazio, Mr. Stark, and Mr. Evans.
H.R. 3354: Mr. Nethercutt.
H.R. 3449: Mr. Bonilla, Mr. Evans, and Mr. Laughlin.
H.R. 3465: Ms. Jackson-Lee of Texas, Mr. Gejdenson, Mr.
Shays, Mr. Olver, Mr. Hamilton, Mr. Hoyer, Mr. Lewis of
Georgia, Ms. Rivers, and Mr. Dooley.
H.R. 3525: Mrs. Myrick, Mr. Chabot, and Mr. Fattah.
H.R. 3551: Mr. Weldon of Florida and Mr. LoBiondo.
H.R. 3571: Mr. Frisa, Mr. Engel, Mr. Hoke, Mr. Ackerman,
Mr. Manzullo, Mr. Lazio of New York, Mr. Schumer, Mr. Manton,
Ms. Molinari, and Mr. Neal of Massachusetts.
H.R. 3577: Mr. Rohrabacher, Mr. Traficant, Mr. Burton of
Indiana, and Mr. Dornan.
H. Con. Res. 145: Mr. Calvert.
H. Con. Res. 173: Mr. Saxton, Mr. Visclosky, Mr. McNulty,
and Mr. Serrano.
H. Res. 30: Mr. Pastor.
H. Res. 439: Mr. Tate.
.
TUESDAY, JUNE 11, 1996 (72)
para.72.1 designation of speaker pro tempore
The House was called to order at 9 o'clock a.m. by the SPEAKER pro
tempore, Mr. SHAW, who laid before the House the following
communication:
Washington, DC,
June 11, 1996.
I hereby designate the Honorable E. Clay Shaw, Jr., to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.72.2 recess--9:45 a.m.
The SPEAKER pro tempore, Mr. SHAW, pursuant to clause 12 of rule I,
declared the House in recess until 10:00 a.m.
para.72.3 after recess--10:00 a.m.
The SPEAKER called the House to order.
para.72.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, June 10, 1996.
Mr. TRAFICANT, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. TRAFICANT objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.72.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3514. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Opportunities for Youth: Youthbuild Program (FR-
4038) (61 CFR 25124) received June 10, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
3515. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Mortgage Insurance on Condominium Units in Non-
FHA Approved Projects (FR-3655) (61 CFR 26982) received June
10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Banking and Financial Services.
3516. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Section 8 Tenant-Based Programs: Technical
Amendments (FR-4055) (61 CFR 27162) received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
para.72.6 committees and subcommittees to sit
On motion of Mr. HEFLEY, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Resources, the Committee on
Transportation and Infrastructure, the Committee on Veterans' Affairs,
and the Permanent Select Committee on Intelligence.
para.72.7 dod appropriations
Mr. YOUNG of Florida submitted a privileged report (Rept. No. 104-617)
on the bill (H.R. 3610) making appropriations for the Department of
Defense for the fiscal year ending September 30, 1997, and for other
purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.72.8 corrections calendar
Pursuant to clause 4, rule XIII,
The SPEAKER pro tempore, Mr. WALKER, directed the Corrections Calendar
to be called.
When,
para.72.9 silvio o. conte national fish and wildlife refuge
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 2909) to amend
the Silvio O. Conte National Fish and Wildlife Refuge Act to provide
that the Secretary of the Interior may acquire lands for purposes of
that Act only by donation or exchange, or otherwise with the consent of
the owner of the lands.
When said bill was considered and read twice.
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 4 of rule
XIII, recognized Mr. SAXTON and Mr. STUDDS, each for 30 minutes.
Mr. SAXTON, by unanimous consent, submitted the following amendment
which was agreed to:
On page 2, line 5, strike out "Emminent" and insert
"Eminent".
After debate,
Mr. GEJDENSEN, by unanimous consent, submitted the following amendment
which was agreed to:
On page 2, line 16, after "lands", insert "in New Hampshire
and Vermont".
After further debate,
Pursuant to clause 4 of rule XIII, the previous question was
considered as ordered.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WALKER, announced that three-fifths of
the Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
[[Page 1326]]
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.72.10 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, June 10, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
Mr. STUDDS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
347
When there appeared
<3-line {>
Nays
50
para.72.11 [Roll No. 225]
YEAS--347
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Eshoo
Evans
Ewing
Farr
Fawell
Fields (LA)
Fields (TX)
Flake
Foley
Forbes
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefner
Herger
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Traficant
Upton
Velazquez
Vento
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NAYS--50
Abercrombie
Borski
Bunn
Clay
Collins (IL)
Costello
DeFazio
Durbin
Engel
English
Everett
Fazio
Filner
Flanagan
Foglietta
Fox
Funderburk
Gephardt
Geren
Gillmor
Gutknecht
Hefley
Heineman
Hilleary
Hilliard
Hutchinson
Jacobs
Jones
LaFalce
Lewis (GA)
Markey
Martini
McDermott
Menendez
Pickett
Pombo
Rush
Sabo
Sanford
Schroeder
Smith (MI)
Taylor (MS)
Thompson
Towns
Visclosky
Volkmer
Waters
Weller
Yates
Zimmer
NOT VOTING--37
Andrews
Baker (LA)
Bateman
Brown (CA)
Brown (FL)
Bunning
Calvert
Chapman
Clyburn
Dornan
Ensign
Fattah
Ford
Gibbons
Harman
Hastings (FL)
Hayes
Hoyer
Johnson, Sam
Kleczka
Largent
Lincoln
McCrery
McDade
Meehan
Molinari
Moran
Nethercutt
Peterson (FL)
Pryce
Riggs
Roukema
Schiff
Schumer
Torkildsen
Torricelli
Zeliff
So the Journal was approved.
para.72.12 health care coverage
On motion of Mr. ARCHER, by direction of the Committee on Ways and
Means and pursuant to clause 1 of rule XX, the bill (H.R. 3103) to amend
the Internal Revenue Code of 1986 to improve portability and continuity
of health insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health care
delivery, to promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify the
administration of health insurance, and for other purposes; together
with the amendment of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. ARCHER, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
para.72.13 motion to instruct conferees--h.r. 3103
Mr. DINGELL moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on the Senate
amendment to the H.R. 3103, be instructed to recede to the Senate
amendment except with respect to section 305 of the Senate amendment;
and with respect to such section (A) to consider whether the enactment
of such section would result in an increase in premiums for private
health plans and, if so, (B) to provide for concurring with such section
with an amendment that adjusts such section to provide for the maximum
coverage of mental health services under health plans without increasing
such premiums.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
Mr. PALLONE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
182
Nays
235
When there appeared
<3-line {>
Answered present
2
para.72.14 [Roll No. 226]
YEAS--182
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
[[Page 1327]]
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gephardt
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NAYS--235
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--2
Goodling
Jacobs
NOT VOTING--15
Bateman
Brown (FL)
Calvert
Deutsch
English
Gejdenson
Gibbons
Harman
Hastings (FL)
Hayes
Lincoln
McDade
Schiff
Stenholm
Torricelli
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.72.15 appointment of conferees--h.r. 3103
Thereupon, the SPEAKER pro tempore, Mr. WALKER, by unanimous consent,
appointed Messrs. Archer, Thomas, Bliley, Bilirakis, Goodling, Fawell,
Hyde, McCollum, Hastert, Gibbons, Stark, Dingell, Waxman, Clay, Conyers,
and Bonior, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.72.16 foreign operations appropriations
The SPEAKER pro tempore, Mr. WALKER, pursuant to House Resolution 445
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3540) making appropriations for foreign operations,
export financing, related programs for the fiscal year ending September
30, 1997, and for other purposes.
Mr. HANSEN, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.72.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK of
Massachusetts:
Page 97, after line 5, insert the following new section:
prohibition of imet assistance for indonesia
Sec. 573. None of the funds appropriated in this Act under
the heading ``International Military Education and Training''
may be made available to the Government of Indonesia.
It was decided in the
Yeas
149
<3-line {>
negative
Nays
272
para.72.18 [Roll No. 227]
AYES--149
Andrews
Barrett (WI)
Becerra
Beilenson
Blute
Bonior
Borski
Boucher
Brown (OH)
Cardin
Clay
Clayton
Clement
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Doggett
Duncan
Durbin
Ehlers
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Funderburk
Furse
Gejdenson
Gutierrez
Gutknecht
Hall (OH)
Hefner
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaHood
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Martini
Mascara
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Porter
Poshard
Rahall
Ramstad
Rangel
Reed
Rivers
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Smith (NJ)
Spratt
Stark
Stearns
Stockman
Stokes
Stupak
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Watt (NC)
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--272
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
[[Page 1328]]
Frelinghuysen
Frisa
Frost
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaFalce
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manton
Manzullo
Martinez
Matsui
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Roth
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Traficant
Vucanovich
Walker
Walsh
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Bateman
Brown (CA)
Calvert
Deutsch
Gibbons
Harman
Hastings (FL)
Lincoln
McDade
Rose
Schiff
Studds
Torricelli
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. HEFLEY, assumed the Chair.
When Mr. HANSEN, Chairman, pursuant to House Resolution 445, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 3, line 25, after the dollar amount, insert the
following: ``(reduced by $1,000,000)''.
On page 82, line 12, strike ``$25,000,000'' and insert,
``$50,000,000''.
Page 97, after line 5, insert the following new section:
LIMITATION ON USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE IN AMERICA
Sec. 573. None of the funds appropriated in this Act may be
made available to the government of any foreign country when
it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) the funds are to be used to purchase any equipment or
product made in a country other than such foreign country or
the United States; and
(2) substantially similar equipment or products are made in
the United States and available for purchase at a price that
is not more than 10 percent higher.
Page 95, line 12, insert before the semicolon the
following: ``, including the murders of Mireille Bertin,
Michel Gonzalez, and Jean Hubert Feuille''.
Page 85, line 8, insert after ``Funds'' the following:
``(other than funds appropriated in this Act under the
heading `Economic Support Fund')''.
On page 27, line 24, after the dollar amount, insert the
following: ``(reduced by $1,525,000)''.
Page 97, after line 5, insert the following new section:
limitation on assistance to turkey
Sec. 573. Not more than $22,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' may be made available to the Government of Turkey,
except when it is made known to the Federal official having
authority to obligate or expend such funds that the
Government of Turkey has (1) joined the United States in
acknowledging the atrocity committed against the Armenian
population of the Ottoman Empire from 1915 to 1923; and (2)
taken all appropriate steps to honor the memory of the
victims of the Armenian genocide.
On page 97, after line 5, insert:
``Sec. 573. None of the funds made available under the
heading ``Foreign Military Financing Program'' may be made
available for any country when it is made known to the
President that the government of such country has not agreed
to the Department of Defense conducting during the current
fiscal year nonreimbursable audits of private firms whose
contracts are made directly with foreign government and are
financed with funds made available under this heading (as
well as subcontractors thereunder) as requested by the
Defense Security Assistance Agency.''
On page 97, after line 5, insert:
``Sec. 573. Not more than 100,000,000 of the funds made
available under the heading ``Foreign Military Financing
Program'' may be made available for use in financing the
procurement of defense articles, defense services, or design
and construction services that are not sold by the United
States Government under the Arms Export Control Act to
countries other than Israel and Egypt.''
Page 97, after line 5, insert the following:
limitation on assistance to mexico
Sec. 573. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended for the
Government of Mexico, except if it is made known to the
Federal entity or official to which funds are appropriated
under this Act that--
(1) the Government of Mexico is taking actions to reduce
the amount of illegal drugs entering the United States from
Mexico; and
(2) the Government of Mexico--
(A) is taking effective actions to apply vigorously all law
enforcement resources to investigate, track, capture,
incarcerate, and prosecute individuals controlling,
supervising, or managing international narcotics cartels or
other similar entities and the accomplices of such
individuals, individuals responsible for, or otherwise
involved in, corruption, and individuals involved in money-
laundering;
(B) is pursuing international anti-drug trafficking
initiatives;
(C) is cooperating fully with international efforts at
narcotics interdiction; and
(D) is cooperating fully with requests by the United States
for assistance in investigations of money-laundering
violations and is making progress toward implementation of
effective laws to prohibit money-laundering.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HEFLEY, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
366
<3-line {>
affirmative
Nays
57
para.72.19 [Roll No. 228]
YEAS--366
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Burr
Burton
Buyer
Callahan
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Dunn
Durbin
Edwards
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamilton
Hastert
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
[[Page 1329]]
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Mink
Moakley
Molinari
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stupak
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Upton
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--57
Barrett (NE)
Beilenson
Bunning
Campbell
Chenoweth
Coburn
Combest
Condit
Conyers
Cooley
Danner
DeFazio
Doolittle
Duncan
Ehlers
Everett
Fattah
Foglietta
Gutknecht
Hall (TX)
Hancock
Hansen
Hefley
Herger
Jacobs
Jones
Laughlin
Lucas
McDermott
Meyers
Miller (CA)
Minge
Mollohan
Montgomery
Neumann
Oberstar
Payne (NJ)
Pombo
Quillen
Rahall
Roemer
Rogers
Rohrabacher
Sanders
Schroeder
Sensenbrenner
Shuster
Solomon
Stark
Stump
Tanner
Taylor (MS)
Traficant
Velazquez
Volkmer
Whitfield
Young (FL)
NOT VOTING--11
Bateman
Calvert
Deutsch
Gibbons
Harman
Hastings (FL)
Lincoln
McDade
Radanovich
Schiff
Studds
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.72.20 providing for the consideration of h.r. 3603
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 451):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3603) making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1997, and for other purposes. The first reading of the bill
shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(6) of rule XI, clause 7 of rule XXI, or section 302(c)
of the Congressional Budget Act of 1974 are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Appropriations.
After general debate the bill shall be considered for
amendment under the five-minute rule. Points of order against
provisions in the bill for failure to comply with clause 2 or
6 of rule XXI are waived. During consideration of the bill
for amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an amendment has caused it to be printed in
the portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. The Chairman of the Committee of
the Whole may postpone until a time during further
consideration in the Committee of the Whole a request for a
recorded vote on any amendment. The Chairman of the Committee
of the Whole may reduce to not less than five minutes the
time for voting by electronic device on any postponed
question that immediately follows another vote by electronic
device without intervening business, provided that the time
for voting by electronic device on the first in any series of
questions shall be not less than fifteen minutes. After the
reading of the final lines of the bill, a motion that the
Committee of the Whole rise and report the bill to the House
with such amendments as may have been adopted shall, if
offered by the majority leader or a designee, have precedence
over a motion to amend. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report to
the House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill
and amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. During consideration of H.R. 3603 pursuant to the
first section of this resolution, the appropriate allocation
of new discretionary budget authority within the meaning of
section 302(f)(1) of the Congressional Budget Act of 1974
shall be $12,802,000,000. The corresponding level of budget
outlays shall be $13,349,000,000.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.72.21 agriculture appropriations
The SPEAKER pro tempore, Mr. HEFLEY, pursuant to House Resolution 451
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3603) making appropriations for Agriculture, Rural Development,
Food and Drug Administration and Related Agencies programs for the
fiscal year ending September 30, 1997, and for other purposes.
The SPEAKER pro tempore, Mr. HEFLEY, by unanimous consent, designated
Mr. GOODLATTE as Chairman of the Committee of the Whole.
The Acting Chairman, Mr. LINDER, assumed the Chair; and after some
time spent therein,
The SPEAKER pro tempore, Mr. CHAMBLISS, assumed the Chair.
When Mr. GOODLATTE, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.72.22 leave of absence
By unanimous consent, leave of absence was granted to Mr.
FRELINGHUYSEN, for today after 5:00 p.m. and June 12.
And then,
para.72.23 adjournment
On motion of Mr. BEREUTER, at 5 o'clock and 31 minutes p.m., the House
adjourned.
para.72.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committee was delivered to the
Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Florida: Committee on Appropriations. H.R.
3610. A bill making appropriations for the Department of
Defense for the fiscal year ending September 30, 1997, and
for other purposes (Rept. No. 104-617). Referred to the
Committee of the Whole House on the State of the Union.
para.72.25 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3107. Referral to the Committee on Ways and Means
extended for a period ending not later than June 14, 1996.
para.72.26 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BUYER (for himself, Mr. Filner, Mr. Stump, and
Mr. Montgomery):
H.R. 3611. A bill to extend the authority for the homeless
veterans' reintegration projects for fiscal years 1997
through 1999, and for other purposes; to the Committee on
Veterans' Affairs, and in addition to the Committee on
Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GIBBONS (for himself, Mr. McDermott, Mr. Matsui,
Mr. Cardin, and Mr. Lewis of Georgia):
H.R. 3612. A bill to reform the Nation's welfare system by
requiring work and demanding personal responsibility; to the
Committee on Ways and Means, and in addition to the
Committees on Agriculture, Banking and Financial Services,
Economic and Educational Opportunities, the Judiciary,
Commerce, the Budget, National Security, International
Relations, and Government Reform and Oversight, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as
[[Page 1330]]
fall within the jurisdiction of the committee concerned.
By Mr. JOHNSON of South Dakota:
H.R. 3613. A bill to require the Secretary of the Army to
acquire permanent flowage and saturation easements over land
that is located within the 10-year floodplain of the James
River, SD, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. LANTOS (for himself and Ms. Eshoo):
H.R. 3614. A bill to amend title 10, United States Code, to
provide that certain individuals who would be eligible for
military retired pay for nonregular service but for the fact
that they did not serve on active duty during a period of
conflict may be paid such retired pay if they served in the
U.S. merchant marine during or immediately after World War
II; to the Committee on National Security.
By Mrs. VUCANOVICH (for herself, Mr. Ensign, and Mr.
Hayes):
H.R. 3615. A bill to amend the Harmonized Tariff Schedule
of the United States to correct the tariff treatment of
certain silver and gold bars, and for other purposes; to the
Committee on Ways and Means.
By Ms. WOOLSEY:
H.R. 3616. A bill to amend the Job Training Partnership Act
to provide for the establishment of standards to ensure long-
term economic self-sufficiency for participants in adult
training programs carried out under part A of title II of
that act, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mrs. CLAYTON (for herself, Mr. Bonior, Mr.
Richardson, Ms. DeLauro, Mr. King, Mr. Payne of New
Jersey, Mr. Sanders, Mr. Ward, Mr. Frazer, Mr. Ford,
Mr. Browder, Mr. Norwood, Mr. Hilliard, Mr. Hinchey,
Mr. Owens, Mr. Hall of Ohio, Mr. Fields of Louisiana,
Mr. Meehan, Mr. Frost, Mr. Hastings of Florida, Mrs.
Maloney, Mr. Lantos, Mr. Dellums, Mr. Franks of
Connecticut, Mr. Waxman, Mr. Clyburn, Mrs. Myrick,
Mr. Abercrombie, Mr. Farr, Mr. Jackson, Mr.
Gilchrest, Ms. Norton, Ms. Woolsey, Ms. Furse, Ms.
Eshoo, Mr. Pallone, Mrs. Thurman, Mrs. Kennelly, Mr.
Shays, Mr. Clay, Ms. Jackson-Lee, Ms. Kaptur, Mr.
Watt of North Carolina, Mr. Foglietta, Mr. Thompson,
Mr. Miller of California, Mr. Lewis of Georgia, Ms.
Pelosi, Ms. Roybal-Allard, Mr. Wynn, Mr. Edwards, Mr.
Clement, Mrs. Schroeder, Miss Collins of Michigan,
Mr. Rush, Mr. Torricelli, Mr. Stokes, Mr. Rose, Mr.
Cummings, Mr. Hefner, Mr. Talent, Mrs. Meek of
Florida, Mr. Flake, Ms. Pryce, Mr. Serrano, Mr.
Bishop, Mr. Fattah, Ms. Slaughter, Ms. Rivers, Mr.
Nadler, Mr. Frank of Massachusetts, Ms. Velazquez,
Ms. Waters, Mrs. Collins of Illinois, Mr. Stark, and
Mr. Barrett of Wisconsin):
H. Con. Res. 183. Concurrent resolution condemning the
recent rash of arson against African-American churches across
the United States, pledging to assist law enforcement
authorities in apprehending the persons responsible for such
acts of arson, supporting bipartisan legislation which would
facilitate the prosecution of arsonists and create more
severe penalties for arson against houses of worship, and
encouraging the people of the United States to work in their
communities to prevent future acts of arson against African-
American churches; to the Committee on the Judiciary.
para.72.27 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Bachus.
H.R. 248: Mr. Frank of Massachusetts.
H.R. 573: Mr. Blute and Mr. Serrano.
H.R. 598: Ms. Furse, Mr. Holden, Mr. Jefferson, and Mr.
Canady.
H.R. 778: Mrs. Fowler.
H.R. 784: Mr. Watts of Oklahoma, Mr. Knollenberg, and Mr.
DeLay.
H.R. 972: Ms. Pryce.
H.R. 1000: Mr. Hall of Ohio and Mr. Meehan.
H.R. 1049: Mr. Thompson.
H.R. 1386: Mr. Chrysler, Mr. Barr, Ms. Harman, and Mr.
Spence.
H.R. 1500: Mr. LaTourette.
H.R. 1758: Mr. Sanders and Mr. Ackerman.
H.R. 2089: Mr. Barrett of Nebraska.
H.R. 2244: Ms. Kaptur and Mr. Tate.
H.R. 2246: Mr. Engel.
H.R. 2306: Mr. Talent.
H.R. 2320: Mr. Franks of New Jersey, Mr. Dooley, and Mr.
McDermott.
H.R. 2335: Mr. Clinger, Mr. Mica, Mr. Clement, Mr. Bryant
of Tennessee, Mr. Tauzin, Mr. Spratt, Mr. Nethercutt, Mr.
Livingston, Mr. Barton of Texas, Mr. Klink, and Mr. Fields of
Texas.
H.R. 2416: Mr. Zeliff.
H.R. 2489: Mr. Evans, Mr. Romero-Barcelo, Mrs. Seastrand,
Mr. Torkildsen, Ms. Woolsey, and Mr. Yates.
H.R. 2651: Mr. Torricelli.
H.R. 2779: Mr. Canady, Mr. Goss, Mr. Hoekstra, and Mr.
Packard.
H.R. 2796: Ms. Norton.
H.R. 2807: Mr. Martini.
H.R. 2820: Mr. Riggs.
H.R. 2834: Mr. Coyne and Mr. Doyle.
H.R. 2951: Mrs. Lowey, Ms. Furse, Mr. Markey, and Miss
Collins of Michigan.
H.R. 2976: Mr. Ackerman, Mr. Dooley, Mr. Quillen, and Mrs.
Vucanovich.
H.R. 3037: Mr. Johnson of South Dakota, Mr. McHugh, and Mr.
Roberts.
H.R. 3038: Mr. Cooley,
H.R. 3118: Mr. Kennedy of Rhode Island and Mr. Lipinski.
H.R. 3179: Mr. Filner, Ms. Jackson-Lee, Mrs. Maloney, Mr.
Torres, Mr. Manton, Mr. Torricelli, Mr. Frost, and Ms.
Lofgren.
H.R. 3181: Mr. Hoke and Mr. Dellums.
H.R. 3270: Mr. McKeon.
H.R. 3332: Mr. Lewis of Georgia, Mr. Towns, Miss Collins of
Michigan, and Mr. Gejdenson.
H.R. 3351: Mr. Fattah.
H.R. 3423: Mrs. Myrick.
H.R. 3426: Mr. McDermott, Mr. Scarborough, Mr. Payne of
Virginia, Mr. Kleczka, Mr. Barrett of Wisconsin, Mr. Durbin,
Mr. Evans, Ms. Norton, and Mr. Lipinski.
H.R. 3447: Mr. Riggs, Mr. Dickey, and Mr. Baldacci.
H.R. 3498: Mr. Ackerman.
H.R. 3504: Mr. Boehner, Mr. Brown of Ohio, Mr. Farr, Mr.
Frost, Mr. Lipinski, Mr. Ney, Ms. Norton, Mr. Olver, Mr.
Rohrabacher, and Mr. Walsh.
H.R. 3525: Mr. Abercrombie, Mr. Frazer, Mr. Hastings of
Florida, Ms. Velazquez, Mr. Bryant of Texas, Mr. Minge, Mr.
Bonior, Ms. Lofgren, Mr. Gonzalez, Mr. Berman, Ms. Norton,
Mr. Watt of North Carolina, Mr. Serrano, Mr. Hilliard, Ms.
Rivers, Ms. Waters, Mr. Waxman, Mr. Frost, Mr. Clement, Mr.
Barrett of Wisconsin, Ms. Jackson-Lee, Mr. Scott, Mrs.
Schroeder, Mr. Schumer, Mr. Frank of Massachusetts, Mr.
Nadler, Mr. Reed, Mr. Becerra, Mr. Ford, Mr. Chapman, Mrs.
Kennelly, Mr. Ward, Mr. Edwards, Mr. Watts of Oklahoma, Mr.
Cummings, Mr. Johnston of Florida, Mr. Parker, Mr. Tanner,
Mr. Kingston, Mr. Fields of Louisiana, Mr. Chambliss, Mr.
Duncan, Mr. Spence, Mr. Packard, Mr. Hall of Ohio, Mr.
McHugh, Mr. Gallegly, Mr. Flanagan, and Mr. Graham.
H.R. 3587: Mr. Fazio of California, Mr. Yates, Mr.
Ackerman, and Mr. Frost.
H. Con. Res. 10: Mr. Levin and Mr. Goodling.
H. Con. Res. 51: Mr. Klug and Mr. Levin.
H. Con. Res. 83: Mr. Ackerman.
H. Con. Res. 145: Mr. Evans and Mr. Levin.
H. Con. Res. 156: Mr. Bryant of Texas, Mrs. Mink of Hawaii,
Mrs. Morella, and Mrs. Collins of Illinois.
H. Res. 220: Mr. Abercrombie, Ms. E. B. Johnson, of Texas,
Mr. Johnston of Florida, Mr. McNulty, Mr. Torricelli, Mr.
Moran, Mr. Baldacci, Mr. Lantos, Mr. Engel, and Mr. Evans.
H. Res. 439: Mr. McHale.
.
WEDNESDAY, JUNE 12, 1996 (73)
para.73.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. LAZIO,
who laid before the House the following communication:
Washington, DC,
June 12, 1996.
I hereby designate the Honorable Rick Lazio to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.73.2 approval of the journal
The SPEAKER pro tempore, Mr. LAZIO, announced he had examined and
approved the Journal of the proceedings of Tuesday, June 11, 1996.
Mr. RIGGS, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. LAZIO, announced that the yeas had it.
Mr. RIGGS objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. LAZIO, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.73.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3517. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Spearmint Oil Produced in the Far West; Revision of the
Salable Quantity and Allotment Percentages for Class 1
(Scotch) Spearmint Oil the 1995-96 Marketing Year [Docket No.
FV96-985-1FIR] (7 CFR Part 985) received June 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3518. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Honey Research, Promotion, and Consumer Information Order--
Amendment of the Rules and Regulations to Add HTS Code for
Flavored Honey [AMS-FV-96-701.FR] (7 CFR Part 1240) received
June 11, 1996, pursuant to 5 U.S.C.
[[Page 1331]]
801(a)(1)(A); to the Committee on Agriculture.
3519. A letter from the Secretary of Defense, transmitting
certification that the detail of 88 DOD personnel to other
Federal agencies, under the DOD Counterdrug Detail Program,
are in the national security interest of the United States,
pursuant to Public Law 103-337, section 1011(c) (108 Stat.
2836); to the Committee on National Security.
3520. A letter from the Secretary of Defense, transmitting
the Secretary's report entitled ``Defense Nuclear Agency
Long-Term Radiation Tolerant Microelectronics Program,''
pursuant to Public Law 104-106, section 217(c)(2) (110 Stat.
222); to the Committee on National Security.
3521. A letter from the Secretary of Housing and Urban
Development, transmitting the Department's report entitled
``Assessment of the Comprehensive Grant Program,'' pursuant
to Public Law 101-625, section 509(i)(1) (104 Stat. 4193); to
the Committee on Banking and Financial Services.
3522. A letter from the Secretary of Education,
transmitting final regulations--William D. Ford Federal
Direct Loan Program; Institutional Eligibility Under the
Higher Education Act of 1965, as Amended; Student Assistance
General Provisions--received June 10, 1996, pursuant to 20
U.S.C. 1232(d)(1); to the Committee on Economic and
Educational Opportunities.
3523. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--William D. Ford Federal Direct Loan
Program; Institutional Eligibility Under The Higher Education
Act of 1965, As Amended; Student Assistance General
Provisions (RIN: 1840-AC18) received June 10, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Economic and
Educational Opportunities.
3524. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Approval and Promulgation of Air
Quality Implementation Plans; Pennsylvania: Partial Approval
of PM-10 Implementation Plan for the Liberty Borough Area of
Allegheny County (FRL-5463-3) received June 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3525. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Approval and Promulgation of Air
Quality Implementation Plans; Tennessee; Approval of
Revisions to Process Gaseous Emission Standards for Total
Reduced Sulfur Emissions from Kraft Mills (FRL-5519-6)
received June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3526. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Quizalofop-P Ethyl Ester; Pesticide
Tolerance and Feed Additive Regulation (FRL-5375-6) received
June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3527. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Outer Continental Shelf Air
Regulations Consistency Update for California (FRL-5515-7)
received June 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3528. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--48 CFR Parts 1501, 1509, 1510, 1515,
1532, 1552, and 1553 Acquisition Regulation (FRL-5516-4)
received June 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3529. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Prohibition on Gasoline Containing
Lead or Lead Additives for Highway Use (FRL-5513-3) received
June 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3530. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Approval and Promulgation of Air
Quality Implementation Plans; Commonwealth of Pennsylvania:
Revocation of Determination of Attainment of Ozone Standard
by the Pittsburgh-Beaver Valley Ozone Nonattainment Area and
Reinstatement of Applicability of Certain Reasonable Further
Progress and Attainment Demonstration Requirements (FRL-5511-
2) received June 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
3531. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Description of Areas for Air Quality
Planning: State of Idaho; Correction to Boundary of the
Power-Bannock Counties Particulate Matter Nonattainment Area
to Exclude the Inkom Area (FRL-5515-1) received June 5, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3532. A letter from the Director, Regulatory Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Pesticide Tolerance: 1-[[2-(2,4-
Dichlorophenyl)-4-Propyl-1,3-Dioxolan-2-yl]Methyl]-1H-1,2,4-
Triazole (FRL-5368-4) received June 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3533. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Definition of Markets for Purposes of the Cable
Television Mandatory Television Broadcast Signal Carriage
Rules--Implementation of Section 301(d) of the
Telecommunications Act of 1996: Market Determinations [CS
Docket No. 95-178] received June 11, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3534. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Sections of the Cable
Television Consumer Protection and Competition Act of 1992:
Rate Regulation--Leased Commercial Access [MM Docket No. 92-
266]; [CS Docket No. 96-60] received June 11, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3535. A letter from the Secretary of Health and Human
Services, transmitting the Administration's proposals for the
reauthorization of the National Institutes of Health; to the
Committee on Commerce.
3536. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
framework to facilitate any future United States/United
Kingdom cooperative activity in the advanced concept
technology demonstration [ACTD] area (Transmittal No. 13-96)
Received June 11, 1996, pursuant to 22 U.S.C. 2767(f); to the
Committee on International Relations.
3537. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Brunei for defense articles and services
(Transmittal No. 96-51) received June 11, 1996, pursuant to
22 U.S.C. 2776(b); to the Committee on International
Relations.
3538. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Shipping and Seamen (Bureau of
Consular Affairs) (22 CFR Parts 81 through 88) [Public Notice
2406] received June 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on International Relations.
3539. A letter from the Director of Financial Management
and Deputy Chief Financial Officer, Department of the
Interior, transmitting the Secretary's revised semiannual
report on audit followup for the period April 1, 1995,
through September 30, 1995, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
3540. A letter from the Chairman, Board of Directors,
Corporation for Public Broadcasting, transmitting the
semiannual report on activities of the inspector general for
the period October 1, 1995, through March 31, 1996, and the
semiannual management report on audit followup for the same
period, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section
5(b); to the Committee on Government Reform and oversight.
3541. A letter from the Director, Office of Personnel
Management, transmitting notification that OPM has approved a
proposal for a personnel management demonstration project for
the Department of the Air Force, submitted by the Department
of Defense, pursuant to Public Law 103-337, section 342(b)
(108 Stat. 2721); to the Committee on Government Reform and
Oversight.
3542. A letter from the Chairman, Securities and Exchange
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
3543. A letter from the Chairman, Board of Directors,
Tennessee Valley Authority, transmitting a copy of the annual
report in compliance with the Government in the Sunshine Act
during the calendar year 1995, pursuant to 5 U.S.C. 552b(j);
to the Committee on Government Reform and Oversight.
3544. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Powerless Flight (National Park
Service, Appalachian National Science Trail) (RIN: 1024-AC23)
received June 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3545. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Conveyance of Freehold and
Leasehold Interest, 36 CFR Part 17 (National Park Service)
(RIN: 1024-AC27) received June 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3546. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Atlantic Swordfish Fishery; 1996 Quotas, Minimum
Size, Adjustment [Docket No. 960314073-6145-02; I.D. 030896E]
received June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3547. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Atlantic Striped Bass Fishery; Atlantic Coastal
Fisheries Cooperative Management; Consolidation and Revision
of Regulations [Docket No. 950915230-6123-03; I.D. 022796D]
received June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3548. A letter from the Assistant Attorney General of the
United States, transmitting a draft of proposed legislation
entitled the ``Enhanced Prosecution and Punishment of Armed
Dangerous Felons Act of 1996''; to the Committee on the
Judiciary.
[[Page 1332]]
3549. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class D Airspace; Minneapolis, Anoka, MN
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0055) received June 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3550. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Boone, IA--Docket No. 96-
ACE-6 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0054) received June 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3551. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--Use
of Safety Belts and Motorcycle Helmets (National Highway
Traffic Safety Administration and Federal Highway
Administration) (Docket No. 92-40; Notice 3) (RIN: 2127-AG23)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3552. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Highway Safety Program Standards--Applicability to Federally
Administered Areas (National Highway Traffic Safety
Administration and Federal Highway Administration) [NHTSA
Docket No. 95-83; Notice 1] (RIN: 2127-AG10) received June
10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3553. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Rules of Procedure for Invoking Sanctions under the Highway
Safety Act of 1966 (National Highway Traffic Safety
Administration and Federal Highway Administration) [Docket
No. 96-02; Notice 2] (RIN: 2127-AG10) received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3554. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: San Francisco Bay, CA (United States Coast
Guard) [COTP San Francisco Bay 96-003] (RIN: 2115-AA97)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3555. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Chesapeake Bay, Hampton Roads, Elizabeth River,
Norfolk, VA (United States Coast Guard) [CGD05-96-038] (RIN:
2115-AA97] received June 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3556. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations: Atlantic Intracoastal
Waterway, FL (United States Coast Guard) [CGD07-95-057] (RIN:
2115-AE47) received June 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3557. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Industries Model A300, A310,
and A300-600 Series Airplanes (Federal Aviation
Administration) [Docket No. 93-NM-133-AD; Amendment 39-9658;
AD 96-12-15] (RIN: 2120-AA64) received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3558. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech (Raytheon) Model BAe 125
Series 800A and 1000A, and Model Hawker 800 and 1000
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-43-AD; Amendment 39-9660; AD 96-12-17] (RIN: 2120-AA64)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3559. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech (Raytheon) Model BAe 125
Series 800A and Model Hawker 800 Airplanes (Federal Aviation
Administration) [Docket No. 95-NM-122-AD; Amendment 39-9659;
AD 96-12-16] (RIN: 2120-AA64) received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3560. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Dornier Model 328-100 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
NM-109-AD; Amendment 39-9655; AD 96-11-17] (RIN: 2120-AA64)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3561. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-164-AD; Amendment 39-9662; AD 96-12-19] (RIN: 2120-AA64)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3562. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Lockheed Model 382, 382B, 382E,
382F, and 382G Series Airplanes (Federal Aviation
Administration) [Docket No. 95-NM-10-AD; Amendment 39-9663;
AD 96-12-20] (RIN: 2120-AA64) received June 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3563. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Textron Lycoming Reciprocating
Engines (Federal Aviation Administration) [Docket No. 93-ANE-
48-AD; Amendment 39-9586; AD 96-09-10] (RIN: 2120-AA64)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3564. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Dornier Model 328 Series Airplanes
with Honeywell GP-300 Guidance Display Controller (Federal
Aviation Administration) [Docket No. 96-NM-112-AD; Amendment
39-9656; AD 96-12-13] (RIN: 2120-AA64) received June 10,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3565. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Cessna Aircraft Company 150 and
A150 Series and Model 152 and A152 Airplanes (Federal
Aviation Administration) [Docket No. 95-CE-14-AD; Amendment
39-9666; AD 96-12-23] (RIN: 2120-AA64) received June 10,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3566. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Federal Aviation Administration) [Docket No. 92-
NM-71-AD; Amendment 39-9657; AD 96-12-14] (RIN: 2120-AA64)
received June 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3567. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Investigation Regulations (RIN:
2900-AI25) received June 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3568. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Information Law; Miscellaneous (RIN:
2900-AI23) received June 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans; Affairs.
3569. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Part
III Administrative, Procedural, and Miscellaneous (Revenue
Procedure 96-34) received June 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the committee on Ways and Means.
3570. A letter from the Acting Director, Ballistic Missile
Defense Organization, Department of Defense, transmitting a
copy of Presidential Determination No. 96-27: United States-
Israel Arrow Deployability Program, pursuant to Public Law
103-160, section 238(d)(2) (107 Stat. 1601); jointly, to the
Committees on National Security and International Relations.
para.73.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a resolution of the House of the
following title:
H. Con. Res. 172. Concurrent resolution authorizing the
1996 Summer Olympic Torch Relay to be run through the Capitol
Grounds, and for other purposes.
The message further announced that pursuant to Public Law 104-127, the
Chair, on behalf of the majority leader, appoints Sheri L. Chapman, of
Idaho, and Richard K. Golb, of California, to the Water Rights Task
Force.
The message also announced that pursuant to Public Law 104-127, the
Chair, on behalf of the Democratic leader, appoints Elizabeth Ann Ricke,
of Colorado, to the Water Rights Task Force.
para.73.5 point of order
Mr. SCHUMER during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, is it appropriate to deal specifically with Members of
the other body by name in making or casting aspersions on the
motives?''.
The SPEAKER pro tempore, Mr. LAZIO, sustained the point of order, and
said:
``Members should not so refer to specific Members of the other body by
name. The gentleman [Mr. Schumer] will proceed in order.''.
para.73.6 committees and subcommittees to sit
On motion of Mr. RIGGS, by unanimous consent, the following committees
and their subcommittees were
[[Page 1333]]
granted permission to sit today during the 5-minute rule: the Committee
on Banking and Financial Services, the Committee on Commerce, the
Committee on Economic and Educational Opportunities, the Committee on
Government Reform and Oversight, the Committee on International
Relations, the Committee on the Judiciary, the Committee on National
Security, the Committee on Resources, the Committee on Science, the
Committee on Transportation and Infrastructure, the Committee on
Veterans' Affairs, and the Permanent Select Committee on Intelligence.
para.73.7 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. LAZIO, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, June 11, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. LAZIO, announced that the nays had it.
Mr. RIGGS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
332
Nays
76
When there appeared
<3-line {>
Answered present
1
para.73.8 [Roll No. 229]
YEAS--332
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefner
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Traficant
Upton
Vento
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Williams
Wise
Wolf
Woolsey
Wynn
Young (FL)
Zeliff
NAYS--76
Abercrombie
Becerra
Bishop
Bonior
Borski
Brown (CA)
Brown (FL)
Bunn
Chrysler
Clay
Coleman
Collins (IL)
Collins (MI)
Costello
Crane
DeFazio
Durbin
Engel
English
Ensign
Fazio
Filner
Flanagan
Fox
Funderburk
Gephardt
Geren
Gibbons
Gutierrez
Gutknecht
Hastings (FL)
Hefley
Heineman
Hilleary
Hilliard
Hinchey
Hutchinson
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E.B.
LaFalce
Latham
Levin
Lewis (GA)
Lipinski
McCarthy
McDermott
McKinney
Meek
Menendez
Meyers
Oberstar
Olver
Pallone
Pickett
Pombo
Rush
Sabo
Schroeder
Scott
Smith (MI)
Stenholm
Stockman
Taylor (MS)
Thompson
Torkildsen
Towns
Visclosky
Volkmer
Waters
Watts (OK)
Weller
Wicker
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--25
Bass
Bateman
Calvert
Chapman
Clyburn
Conyers
de la Garza
Dornan
Emerson
Everett
Frelinghuysen
Gillmor
Hall (TX)
Inglis
Lantos
Lincoln
Longley
Martini
McDade
Payne (NJ)
Royce
Schiff
Velazquez
Wilson
Young (AK)
So the Journal was approved.
para.73.9 agricultural commodities reserves
On motion of Mr. BARRETT of Nebraska, by unanimous consent, the
Committee on Agriculture was discharged from further consideration of
the following concurrent resolution of the Senate (S. Con. Res. 63):
Resolved by the Senate (the House of Representatives
concurring),
SECTION 1. USE OF DISASTER RESERVE FOR ASSISTANCE TO
LIVESTOCK PRODUCERS.
In light of the prolonged drought and other adverse weather
conditions existing in certain areas of the United States,
the Secretary of Agriculture should promptly dispose of all
commodities in the disaster reserve maintained under section
813 of the Agricultural Act of 1970 (7 U.S.C. 1427a) to
relieve the distress of livestock producers whose ability to
maintain livestock is adversely affected by disaster
conditions, such as prolonged drought of flooding.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.73.10 agriculture appropriations
The SPEAKER pro tempore, Mr. LAZIO, pursuant to House Resolution 451
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3603) making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies programs
for the fiscal year ending September 30, 1997, and for other purposes.
Mr. LINDER, Acting Chairman, assumed the chair; and after some time
spent therein,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. BONILLA, assumed the Chair.
para.73.11 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries, who also informed the House that on the following dates the
President approved and signed bills and joint resolutions of the House
of the following titles:
house
March 7, 1996:
H.R. 2196. An Act to amend the Stevenson-Wydler Technology
Innovation Act of 1980 with respect to inventions made under
coop
[[Page 1334]]
erative research and development agreements, and for other
purposes.
March 12, 1996:
H.R. 927. An Act to seek international sanctions against
the Castro government in Cuba, to plan for support of a
transition government leading to a democratically elected
government in Cuba, and for other purposes.
H.R. 3021. An Act to guarantee the continuing full
investment of Social Security and other Federal funds in
obligations of the United States.
March 15, 1996:
H.J. Res. 163. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
March 16, 1996:
H.R. 2778. An Act to provide that members of the Armed
Forces performing services for the peacekeeping efforts in
Bosnia and Herzegovina, Croatia, and Macedonia shall be
entitled to tax benefits in the same manner as if such
services were performed in a combat zone, and for other
purposes.
March 22, 1996:
H.J. Res. 165. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
March 26, 1996:
H.R. 2036. An Act to amend the Solid Waste Disposal Act to
make certain adjustments in the land disposal program to
provide needed flexibility, and for other purposes.
March 29, 1996:
H.J. Res. 170. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
H.R. 3136. An Act to provide for enactment for the Senior
Citizens' Right to work Act of 1996, the Line Item Veto Act,
and the Small Business Growth and Fairness Act of 1996, and
to provide for a permanent increase in the public debt limit.
April 1, 1996:
H.J. Res. 78. Joint resolution to grant the consent of the
Congress to certain additional powers conferred upon the Bi-
State Development Agency by the States of Missouri and
Illinois.
H.R. 1266. An Act to provide for the exchange of lands
within Admiralty Island National Monument, and for other
purposes.
H.R. 1787. An Act to amend the Federal Food, Drug, and
Cosmetic Act to repeal the saccharin notice requirement.
April 4, 1996:
H.R. 2854. An Act to modify the operation of certain
agricultural programs.
April 9, 1996:
H.J. Res. 168. Joint resolution waiving certain enrollment
requirements with respect to two bills of the One Hundred
Fourth Congress.
H.R. 2969. An Act to eliminate the Board of Tea Experts by
repealing the Tea Importation Act of 1897.
April 24, 1996:
H.J. Res. 175. Joint resolution making further continuing
appropriations for the fiscal year 1996, and for other
purposes.
April 25, 1996:
H.R. 3034. An Act to amend the Indian Self-Determination
and Education Assistance Act to extend to 2 months the
authority for promulgating regulations under the act.
April 26, 1996:
H.R. 3019. An Act making appropriations for fiscal year
1996 to make further downpayment toward a balanced budget,
and for other purposes.
April 30, 1996:
H.R. 255. An Act to designate the Federal Justice Building
in Miami, Florida, as the ``James Lawrence King Federal
Justice Building.''
H.R. 869. An Act to designate the Federal Building and
United States courthouse located at 125 Market Street in
Youngstown, Ohio, as the ``Thomas D. Lambros Federal Building
and United States Courthouse.''
H.R. 1804. An Act to designate the United States Post
Office-Courthouse located at South 6th and Rogers Avenue,
Fort Smith, Arkansas, as the ``Judge Isaac C. Parker Federal
Building.''
H.R. 2415. An Act to designate the United States Customs
Administrative Building at the Ysleta/Zaragosa Port of Entry
located at 797 South Zaragosa Road in El Paso, Texas, as the
``Timothy C. McCaghren Customs Administrative Building.''
H.R. 2556. An Act to redesignate the Federal building
located at 345 Middlefield Road in Menlo Park, California,
and known as the Earth Sciences and Library Building, as the
``Vincent E. McKelvey Federal Building.''
May 6, 1996:
H.R. 3055. An Act to amend section 326 of the Higher
Education Act of 1965 to permit continued participation in
Historically Black Graduate Professional Schools in the grant
program authorized by that section.
May 13, 1996:
H.R. 2024. An Act to phase out the use of mercury in
batteries and provide for the efficient and cost-effective
collection and recycling or proper disposal of used nickel
cadmium batteries, small sealed lead-acid batteries, and
certain other batteries, and for other purposes.
May 15, 1996:
H.R. 2243. An Act to amend the Trinity River Basin Fish and
Wildlife Management Act of 1984, to extend for 3 years the
availability of Moneys for the restoration of fish and
wildlife in the Trinity River, and for other purposes.
May 16, 1996:
H.R. 2064. An Act to grant the consent of Congress to an
amendment of the Historic Chattahoochee Compact between the
States of Alabama and Georgia.
May 17, 1996:
H.R. 2137. An Act to amend the Violent Crime Control and
Law Enforcement Act of 1994 to require the release of
relevant information to protect the public from sexually
violent offenders.
May 24, 1996:
H.R. 1743. An Act to amend the Water Resources Research Act
of 1984 to extend the authorizations of appropriations
through fiscal year 2000, and for other purposes.
H.R. 1836. An Act to authorize the Secretary of the
Interior to acquire property in the town of East Hampton,
Suffolk County, New York, for inclusion in the Amagansett
National Wildlife Refuge.
May 29, 1996:
H.R. 2066. An Act to amend the National School Lunch Act to
provide greater flexibility to schools to meet the Dietary
Guidelines for Americans under the school lunch and school
breakfast programs.
June 3, 1996:
H.R. 1965. An Act to reauthorize the Coastal Zone
Management Act of 1972, and for other purposes.
The message further announced that on the following dates the
President approved and signed bills and a joint resolution of the Senate
of the following titles:
senate
June 5, 1996:
The President has approved the following:
March 28, 1996:
S. 1494. An Act to provide an extension for fiscal year
1996 for certain programs administered by the Secretary of
Housing and Urban Development and the Secretary of
Agriculture, and for other purposes.
April 1, 1996:
S.J. Res. 38. Joint resolution granting the consent of
Congress to the Vermont-New Hampshire Interstate Public Water
Supply Compact.
April 9, 1996:
S. 4. An Act to give the President line item veto authority
with respect to appropriations, new direct spending, and
limited tax benefits.
April 24, 1996:
S. 735. An Act to deter terrorism, provide justice for
victims, provide for an effective death penalty, and for
other purposes.
May 2, 1996:
S.J. Res. 53. Joint resolution making corrections to Public
Law 104-134.
May 20, 1996:
S. 641. An Act to amend the Public Health Service Act to
revise and extend programs established pursuant to the Ryan
White Comprehensive AIDS Resources Emergency Act of 1990.
The Committee resumed its sitting; and after some further time spent
therein,
para.73.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DeFAZIO:
At the end of the bill (page 69, after line 5), insert the
following new section:
Sec. . (a) Limitation on Use of Funds.--None of the funds
made available in this Act may be used for predator control
efforts under the Animal Damage Control Program in the
western region of the United States, except when it is made
known to the Federal official having authority to obligate or
expend such funds that the control efforts protect human
health or safety or endangered or threatened species.
(b) Corresponding Reduction in Funds.--The amount otherwise
provided by this Act for salaries and expenses with respect
to the Animal Damage Control Program under the heading
``Animal and Plant Health Inspection Service'' is hereby
reduced by $13,400,000.
It was decided in the
Yeas
139
<3-line {>
negative
Nays
279
para.73.13 [Roll No. 230]
AYES--139
Abercrombie
Ackerman
Andrews
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bilirakis
Blumenauer
Blute
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Cardin
Castle
Chabot
Chrysler
Coburn
Cox
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Doyle
Duncan
Ehlers
Engel
English
Eshoo
Farr
Fawell
Filner
Flanagan
Foglietta
Fox
Frank (MA)
Furse
Gejdenson
Gephardt
Gilchrest
Goss
Gutierrez
Gutknecht
Hall (OH)
Harman
Hinchey
Hoekstra
Jackson (IL)
Johnston
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lowey
Luther
Maloney
Manzullo
Markey
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Morella
Nadler
Neal
Neumann
Obey
Olver
Owens
Payne (NJ)
Pelosi
Petri
Porter
Rahall
Ramstad
Rangel
Reed
Rivers
Roemer
Rohrabacher
Roth
Roukema
Roybal-Allard
[[Page 1335]]
Royce
Sabo
Sanders
Sanford
Scarborough
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Slaughter
Smith (NJ)
Stark
Stearns
Stockman
Studds
Stupak
Taylor (MS)
Torres
Towns
Upton
Velazquez
Vento
Wamp
Waters
Waxman
Woolsey
Yates
Zimmer
NOES--279
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bentsen
Bereuter
Bevill
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Chambliss
Chenoweth
Christensen
Clay
Clayton
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards
Ehrlich
Ensign
Evans
Everett
Ewing
Fattah
Fazio
Fields (LA)
Fields (TX)
Flake
Foley
Forbes
Ford
Fowler
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manton
Martinez
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Minge
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Portman
Poshard
Quillen
Quinn
Radanovich
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Rose
Rush
Salmon
Sawyer
Saxton
Schaefer
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stokes
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--16
Bass
Calvert
Chapman
Clyburn
Conyers
Emerson
Frelinghuysen
Gillmor
Inglis
Lewis (CA)
Lincoln
Martini
McDade
Moran
Pryce
Schiff
So the amendment was not agreed to.
After some further time,
para.73.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KOLBE:
At the appropriate place in the bill, insert the following
new section:
Sec. . None of the funds made available in this Act may
be used to administer a peanut program that maintains a
season average farmers stock price for the 1997 crop of quota
peanuts in excess of $640 per ton.
It was decided in the
Yeas
189
<3-line {>
negative
Nays
234
para.73.15 [Roll No. 231]
AYES--189
Andrews
Archer
Armey
Baldacci
Barr
Barrett (WI)
Barton
Bass
Becerra
Beilenson
Bereuter
Berman
Bilbray
Blumenauer
Blute
Boehlert
Boehner
Bono
Borski
Brown (OH)
Brownback
Bunn
Burton
Camp
Campbell
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Clement
Collins (IL)
Conyers
Cox
Coyne
Crane
Cremeans
Cunningham
DeLauro
DeLay
Deutsch
Doggett
Doyle
Dreier
Duncan
Dunn
Ehlers
English
Ensign
Eshoo
Fawell
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frisa
Furse
Gallegly
Gejdenson
Gekas
Gibbons
Gilchrest
Gilman
Goodling
Goss
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hancock
Harman
Hayworth
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hutchinson
Jacobs
Johnston
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kim
King
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manzullo
Markey
Martini
Mascara
McCarthy
McDermott
McHale
McHugh
McIntosh
McNulty
Meehan
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Moran
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Packard
Pallone
Pelosi
Petri
Porter
Portman
Pryce
Quinn
Ramstad
Reed
Regula
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Slaughter
Smith (NJ)
Smith (WA)
Stark
Stokes
Studds
Talent
Tate
Torkildsen
Upton
Velazquez
Vento
Visclosky
Walker
Wamp
Waxman
Weldon (PA)
White
Wolf
Yates
Zeliff
Zimmer
NOES--234
Abercrombie
Ackerman
Allard
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Bartlett
Bateman
Bentsen
Bevill
Bilirakis
Bishop
Bliley
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunning
Burr
Buyer
Callahan
Canady
Chambliss
Chapman
Chenoweth
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cramer
Crapo
Cubin
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
Dellums
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Durbin
Edwards
Ehrlich
Engel
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foley
Fowler
Frost
Funderburk
Ganske
Gephardt
Geren
Gonzalez
Goodlatte
Gordon
Graham
Green (TX)
Gutknecht
Hall (TX)
Hamilton
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Horn
Houghton
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Jones
Kaptur
Kildee
Kingston
Kleczka
LaHood
Largent
Latham
Laughlin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manton
Martinez
Matsui
McCollum
McCrery
McInnis
McKeon
McKinney
Meek
Metcalf
Millender-McDonald
Mink
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Owens
Oxley
Parker
Pastor
Paxon
Payne (NJ)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Poshard
Quillen
Radanovich
Rahall
Rangel
Richardson
Riggs
Roberts
Rogers
Rose
Roth
Roybal-Allard
Sanders
Saxton
Scarborough
Schaefer
Schroeder
Scott
Serrano
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Volkmer
Vucanovich
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Young (AK)
Young (FL)
NOT VOTING--11
Calvert
Emerson
Frelinghuysen
Gillmor
Hayes
Inglis
Lincoln
McDade
Payne (VA)
Schiff
Souder
So the amendment was not agreed to.
para.73.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KENNEDY of
Massachusetts:
[[Page 1336]]
At the end of the bill (page 69, after line 5), insert the
following new section:
Sec. . None of the funds appropriated or otherwise made
available by this Act for market access activities under
section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623), or made available for the salaries of employees of the
Department of Agriculture who provide assistance under such
section, may be used to provide assistance to eligible trade
organizations (as defined in such section) to promote the
sale or export of alcohol or alcoholic beverages unless it is
made known to the Federal official having authority to
obligate or expend such funds the the promotion activities
benefit a small-business concern.
It was decided in the
Yeas
133
<3-line {>
negative
Nays
288
para.73.17 [Roll No. 232]
AYES--133
Archer
Armey
Barton
Bass
Beilenson
Bereuter
Blute
Borski
Brown (OH)
Brownback
Burton
Cardin
Castle
Chabot
Christensen
Chrysler
Coburn
Collins (IL)
Conyers
Cox
Coyne
Cunningham
Davis
Deal
Doyle
Duncan
Ehlers
Ensign
Fawell
Fields (LA)
Foglietta
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Gejdenson
Gibbons
Gilchrest
Goodlatte
Goss
Graham
Greene (UT)
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hancock
Hansen
Hayworth
Hoke
Hostettler
Hutchinson
Hyde
Jackson (IL)
Jacobs
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kildee
LaFalce
Lazio
Linder
Lipinski
LoBiondo
Lowey
Luther
Markey
Martini
McInnis
McKinney
McNulty
Meehan
Miller (FL)
Minge
Moakley
Moran
Morella
Myrick
Nadler
Neumann
Oberstar
Obey
Olver
Orton
Pallone
Payne (NJ)
Petri
Porter
Poshard
Ramstad
Reed
Regula
Rivers
Rohrabacher
Roukema
Royce
Rush
Salmon
Sanders
Sanford
Scarborough
Schumer
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skaggs
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stearns
Stockman
Studds
Tate
Tiahrt
Torkildsen
Velazquez
Vento
Visclosky
Wamp
Weldon (FL)
Weldon (PA)
Wolf
Yates
Zeliff
Zimmer
NOES--288
Abercrombie
Ackerman
Allard
Andrews
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bateman
Becerra
Bentsen
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Buyer
Callahan
Camp
Campbell
Canady
Chambliss
Chapman
Chenoweth
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Danner
de la Garza
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Dunn
Durbin
Edwards
Ehrlich
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Ford
Fowler
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Greenwood
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Houghton
Hoyer
Hunter
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennelly
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Livingston
Lofgren
Longley
Lucas
Maloney
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McIntosh
McKeon
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Mink
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Neal
Nethercutt
Ney
Norwood
Nussle
Ortiz
Owens
Oxley
Packard
Parker
Pastor
Paxon
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Richardson
Riggs
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Sabo
Sawyer
Saxton
Schaefer
Schroeder
Scott
Seastrand
Serrano
Sisisky
Skeen
Skelton
Slaughter
Solomon
Stark
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Upton
Volkmer
Vucanovich
Walker
Ward
Watt (NC)
Watts (OK)
Waxman
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Young (AK)
Young (FL)
NOT VOTING--13
Calvert
Emerson
Frelinghuysen
Gillmor
Hayes
Inglis
Lincoln
McDade
Payne (VA)
Schiff
Tauzin
Walsh
Waters
So the amendment was not agreed to.
After some further time,
para.73.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DURBIN:
Page 69, after line 5, insert the following new section:
Sec. 734. For an additional amount for the Department of
Agriculture (consisting of an additional $22,500,000 and
$2,500,000 for ``Rural Utilities Assistance Program'' and
``Distance Learning and Medical Link Program'',
respectively), and none of the funds made available in this
Act to such Department may be used to carry out or pay the
salaries of personnel who carry out any extension service
program for tobacco or to provide or pay the salaries of
personnel who provide crop insurance for tobacco for the 1997
or later crop years, $25,000,000.
It was decided in the
Yeas
210
<3-line {>
negative
Nays
212
para.73.19 [Roll No. 233]
AYES--210
Ackerman
Andrews
Archer
Armey
Bachus
Baldacci
Barrett (WI)
Bartlett
Bass
Becerra
Beilenson
Bereuter
Berman
Bilbray
Blumenauer
Blute
Borski
Brownback
Bryant (TX)
Bunn
Burton
Campbell
Canady
Cardin
Castle
Christensen
Coburn
Coleman
Collins (IL)
Conyers
Costello
Cox
Coyne
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Doggett
Dornan
Dunn
Durbin
Ehlers
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Foglietta
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Furse
Gallegly
Ganske
Gejdenson
Gibbons
Gilchrest
Gilman
Goodling
Goss
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hansen
Harman
Hayworth
Hefley
Hinchey
Hobson
Hoekstra
Holden
Horn
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnston
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kildee
King
Kleczka
Klug
Kolbe
LaFalce
Largent
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manzullo
Markey
Martini
Mascara
McCarthy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Moran
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Payne (NJ)
Pelosi
Petri
Porter
Poshard
Pryce
Quinn
Ramstad
Rangel
Reed
Riggs
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Scarborough
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Stark
Stokes
Studds
Stupak
Talent
Taylor (MS)
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Wamp
Waters
Waxman
Weldon (FL)
Weldon (PA)
White
Wilson
Wolf
Woolsey
Yates
Young (FL)
Zeliff
Zimmer
NOES--212
Abercrombie
Allard
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barton
Bateman
Bentsen
Bevill
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bunning
Burr
Buyer
Callahan
Camp
Chabot
Chambliss
Chapman
Chenoweth
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
[[Page 1337]]
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Dixon
Dooley
Doolittle
Doyle
Dreier
Duncan
Edwards
Ehrlich
Emerson
English
Everett
Ewing
Fazio
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Franks (CT)
Frisa
Frost
Funderburk
Gekas
Gephardt
Geren
Gonzalez
Goodlatte
Gordon
Graham
Green (TX)
Gunderson
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (FL)
Hastings (WA)
Hefner
Heineman
Herger
Hilleary
Hilliard
Hostettler
Houghton
Hoyer
Hunter
Inglis
Istook
Jefferson
Johnson, E.B.
Johnson, Sam
Jones
Kaptur
Kennedy (RI)
Kennelly
Kim
Kingston
Klink
Knollenberg
LaHood
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manton
Martinez
Matsui
McCollum
McCrery
McIntosh
Meek
Mink
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Pastor
Paxon
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Portman
Quillen
Radanovich
Rahall
Regula
Richardson
Roberts
Rogers
Rose
Sanford
Saxton
Schaefer
Scott
Serrano
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Solomon
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Tanner
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torres
Towns
Volkmer
Vucanovich
Walker
Walsh
Watt (NC)
Watts (OK)
Weller
Whitfield
Wicker
Williams
Wise
Wynn
Young (AK)
NOT VOTING--12
Brown (OH)
Calvert
Frelinghuysen
Gillmor
Hayes
Hoke
Lantos
Lincoln
McDade
Payne (VA)
Tate
Ward
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. DREIER, assumed the Chair.
When Mr. GOODLATTE, Chairman, pursuant to House Resolution 451,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 47, line 4 of the bill after the words ``used for''
insert ``new'' and on page 48, line 19 of the bill after the
words ``used for'' insert ``new''.
General Provisions: On page 66 strike all on line 9 through
14.
Page 69, after line 5, insert the following new section:
Sec. . It is the sense of Congress that, not later than
the date of the enactment of this Act, the Secretary of
Agriculture should--
(1) release a detailed plan for compensating wheat farmers
and handlers adversely affected by the karnal bunt quarantine
in Riverside and Imperial Counties of California, which
should include--
(A) an explanation of the factors to be used to determine
the compensation amount for wheat farmers and handlers,
including how contract and spot market prices will be
handled; and
(B) compensation for farmers who have crops positive for
karnal bunt and compensation for farmers who have crops which
are negative for karnal bunt, but which cannot go to market
due to the lack of Department action on matching restrictions
on the negative wheat with the latest risk assessments; and
(2) review the risk assessments developed by the University
of California at Riverside and submit a report to Congress
describing how these risk assessments will impact the
Department of Agriculture policy on the quarantine area for
the 1997 wheat crop.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. DREIER, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
351
<3-line {>
affirmative
Nays
74
para.73.20 [Roll No. 234]
YEAS--351
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Costello
Cox
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
English
Ensign
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Sabo
Salmon
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Tate
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--74
Abercrombie
Andrews
Barrett (WI)
Becerra
Beilenson
Berman
Blute
Chabot
Chenoweth
Clay
Collins (IL)
Conyers
Cooley
Coyne
Crapo
DeFazio
Dellums
Doggett
Engel
Eshoo
Fattah
Foglietta
Ford
Frank (MA)
Franks (NJ)
Gephardt
Gibbons
Green (TX)
Hancock
Hoke
Jacobs
Johnson (SD)
Johnston
Kleczka
LoBiondo
Lofgren
Markey
Martini
McDermott
Meehan
Menendez
Miller (CA)
Minge
Mink
Moran
Neumann
Owens
Payne (NJ)
Peterson (MN)
Petri
Pombo
Pomeroy
Roberts
Rohrabacher
Roybal-Allard
Royce
Rush
Sanders
Scarborough
Schroeder
Sensenbrenner
Serrano
Stark
Stockman
Studds
Tauzin
Taylor (MS)
Torkildsen
Torricelli
Velazquez
Volkmer
Waters
Waxman
Yates
NOT VOTING--9
Calvert
Frelinghuysen
Gillmor
Hayes
Horn
Lincoln
McDade
Roukema
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 1338]]
para.73.21 providing for the consideration of h.r. 3610
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-619) the resolution (H. Res. 453) providing for the
consideration of the bill (H.R. 3610) making appropriations for the
Department of Defense for the fiscal year ending September 30, 1997, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.73.22 olympic torch relay
On motion of Mr. GILCHREST, by unanimous consent, the concurrent
resolution (H. Con. Res. 172) authorizing the 1996 Summer Olympic Torch
Relay to be run through the Capitol Grounds, and for other purposes;
together with the following amendment of the Senate, was taken from the
Speaker's table:
Page 2, line 8, strike out all after ``Grounds'' down to
and including ``overnight,'' in line 9.
On motion of Mr. GILCHREST, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.73.23 waiving points of order against the conference report to
accompany h. con. res. 178
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 450):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
concurrent resolution (H. Con. Res. 178) establishing the
congressional budget for the United States Government for
fiscal year 1997 and setting forth appropriate budgetary
levels for fiscal years 1998, 1999, 2000, 2001, and 2002. All
points of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read. The conference report shall be debatable
for one hour equally divided and controlled by the chairman
and ranking minority member of the Committee on the Budget.
When said resolution was considered.
After debate,
On motion of Mr. DREIER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
232
When there appeared
<3-line {>
Nays
190
para.73.24 [Roll No. 235]
YEAS--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--190
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Blumenauer
Bonior
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--12
Berman
Boucher
Calvert
Chapman
Frelinghuysen
Gillmor
Hayes
Lincoln
McDade
Moran
Rose
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.73.25 congressional budget resolution
Mr. KASICH, pursuant to House Resolution 450, called up the following
conference report (Rept. No. 104-612):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the concurrent
resolution (H. Con. Res. 178) establishing the congressional
budget for the United States Government for fiscal year 1997
and setting forth appropriate budgetary levels for fiscal
years 1998, 1999, 2000, 2001, and 2002, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 1997.
The Congress determines and declares that the concurrent
resolution on the budget for fiscal year 1997 is hereby
established and that the appropriate budgetary levels for
fiscal years 1998 through 2002 are hereby set forth.
[[Page 1339]]
SEC. 2. TABLE OF CONTENTS.
The table of contents for this concurrent resolution is as
follows:
Sec. 1. Concurrent resolution on the budget for fiscal year 1997.
Sec. 2. Table of contents.
TITLE I--LEVELS AND AMOUNTS
Sec. 101. Recommended levels and amounts.
Sec. 102. Debt increase.
Sec. 103. Social security.
Sec. 104. Major functional categories.
TITLE II--RECONCILIATION DIRECTIONS
Sec. 201. Reconciliation in the House of Representatives.
Sec. 202. Reconciliation in the Senate.
TITLE III--BUDGET ENFORCEMENT
Sec. 301. Discretionary spending limits.
Sec. 302. Budgetary treatment of the sale of Government assets.
Sec. 303. Budgetary treatment of direct student loans.
Sec. 304. Superfund reserve fund.
Sec. 305. Tax reserve fund in the Senate.
Sec. 306. Exercise of rulemaking powers.
Sec. 307. Government shutdown prevention allowance.
TITLE IV--SENSE OF CONGRESS, HOUSE, AND SENATE PROVISIONS
Sec. 401. Sense of Congress on baselines.
Sec. 402. Sense of Congress on loan sales.
Sec. 403. Sense of Congress on changes in medicaid.
Sec. 404. Sense of Congress on impact of legislation on children.
Sec. 405. Sense of Congress on debt repayment.
Sec. 406. Sense of Congress on commitment to a balanced budget by
fiscal year 2002.
Sec. 407. Sense of Congress that tax reductions should benefit working
families.
Sec. 408. Sense of Congress on a bipartisan commission on the solvency
of medicare.
Sec. 409. Sense of Congress on medicare transfers.
Sec. 410. Sense of Congress regarding changes in the medicare program.
Sec. 411. Sense of Congress regarding revenue assumptions.
Sec. 412. Sense of Congress regarding domestic violence.
Sec. 413. Sense of Congress regarding student loans.
Sec. 414. Sense of Congress regarding additional charges under the
medicare program.
Sec. 415. Sense of Congress regarding requirements that welfare
recipients be drug-free.
Sec. 416. Sense of Congress on an accurate index for inflation.
Sec. 417. Sense of Congress that the 1993 income tax increase on social
security benefits should be repealed.
Sec. 418. Sense of Congress regarding the Administration's practice
regarding the prosecution of drug smugglers.
Sec. 419. Sense of Congress on corporate subsidies.
Sec. 420. Sense of Congress regarding welfare reform.
Sec. 421. Sense of Congress on FCC spectrum auctions.
Sec. 422. Sense of the House on emergencies.
Sec. 423. Sense of the Senate on funding to assist youth at risk.
Sec. 424. Sense of the Senate on long-term trends in budget estimates.
Sec. 425. Sense of the Senate on repeal of the gas tax.
Sec. 426. Sense of the Senate regarding the use of budgetary savings.
Sec. 427. Sense of the Senate regarding the transfer of excess
Government computers to public schools.
Sec. 428. Sense of the Senate on Federal retreats.
Sec. 429. Sense of the Senate regarding the essential air service
program of the Department of Transportation.
Sec. 430. Sense of the Senate regarding equal retirement savings for
homemakers.
Sec. 431. Sense of the Senate on the National Institutes of Health
funding for anti-addiction drugs.
Sec. 432. Sense of the Senate regarding the extension of the employer
education assistance exclusion under section 127 of the
Internal Revenue Code of 1986.
Sec. 433. Sense of the Senate regarding the Economic Development
Administration placing high priority on maintaining
field-based economic development representatives.
Sec. 434. Sense of the Senate on LIHEAP.
Sec. 435. Sense of the Senate on Davis-Bacon.
Sec. 436. Sense of the Senate on reimbursement of the United States for
operations Southern Watch and Provide Comfort.
Sec. 437. Sense of the Senate on solvency of the Medicare Trust Fund.
Sec. 438. Sense of the Senate on the Presidential Election Campaign
Fund.
Sec. 439. Sense of the Senate regarding the funding of Amtrak.
TITLE I--LEVELS AND AMOUNTS
SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the
fiscal years 1997, 1998, 1999, 2000, 2001, and 2002:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are as
follows:
Fiscal year 1997: $1,083,728,000,000.
Fiscal year 1998: $1,130,269,000,000.
Fiscal year 1999: $1,177,467,000,000.
Fiscal year 2000: $1,231,178,000,000.
Fiscal year 2001: $1,290,661,000,000.
Fiscal year 2002: $1,359,046,000,000.
(B) The amounts by which the aggregate levels of Federal
revenues should be changed are as follows:
Fiscal year 1997: -$16,627,000,000.
Fiscal year 1998: -$18,280,000,000.
Fiscal year 1999: -$20,890,000,000.
Fiscal year 2000: -$20,620,000,000.
Fiscal year 2001: -$20,436,000,000.
Fiscal year 2002: -$14,849,000,000.
(C) The amounts for Federal Insurance Contributions Act
revenues for hospital insurance within the recommended levels
of Federal revenues are as follows:
Fiscal year 1997: $108,053,000,000.
Fiscal year 1998: $113,226,000,000.
Fiscal year 1999: $119,361,000,000.
Fiscal year 2000: $125,737,000,000.
Fiscal year 2001: $131,641,000,000.
Fiscal year 2002: $138,131,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new
budget authority are as follows:
Fiscal year 1997: $1,314,760,000,000.
Fiscal year 1998: $1,362,075,000,000.
Fiscal year 1999: $1,392,403,000,000.
Fiscal year 2000: $1,433,371,000,000.
Fiscal year 2001: $1,453,873,000,000.
Fiscal year 2002: $1,496,063,000,000.
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget
outlays are as follows:
Fiscal year 1997: $1,311,011,000,000.
Fiscal year 1998: $1,354,668,000,000.
Fiscal year 1999: $1,383,872,000,000.
Fiscal year 2000: $1,416,493,000,000.
Fiscal year 2001: $1,432,423,000,000.
Fiscal year 2002: $1,462,900,000,000.
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 1997: $227,283,000,000.
Fiscal year 1998: $224,399,000,000.
Fiscal year 1999: $206,405,000,000.
Fiscal year 2000: $185,315,000,000.
Fiscal year 2001: $141,762,000,000.
Fiscal year 2002: $103,854,000,000.
(5) Public debt.--The appropriate levels of the public debt
are as follows:
Fiscal year 1997: $5,435,700,000,000.
Fiscal year 1998: $5,702,200,000,000.
Fiscal year 1999: $5,945,300,000,000.
Fiscal year 2000: $6,165,000,000,000.
Fiscal year 2001: $6,338,400,000,000.
Fiscal year 2002: $6,468,400,000,000.
(6) Direct loan obligations.--The appropriate levels of
total new direct loan obligations are as follows:
Fiscal year 1997: $41,353,000,000.
Fiscal year 1998: $36,358,000,000.
Fiscal year 1999: $36,455,000,000.
Fiscal year 2000: $36,535,000,000.
Fiscal year 2001: $36,600,000,000.
Fiscal year 2002: $36,624,000,000.
(7) Primary loan guarantee Commitments.--The appropriate
levels of new primary loan guarantee commitments are as
follows:
Fiscal year 1997: $267,284,000,000.
Fiscal year 1998: $269,467,000,000.
Fiscal year 1999: $268,601,000,000.
Fiscal year 2000: $268,489,000,000.
Fiscal year 2001: $270,244,000,000.
Fiscal year 2002: $270,948,000,000.
SEC. 102. DEBT INCREASE.
The amounts of the increase in the public debt subject to
limitation are as follows:
Fiscal year 1997: $279,500,000,000.
Fiscal year 1998: $266,500,000,000.
Fiscal year 1999: $243,100,000,000.
Fiscal year 2000: $219,700,000,000.
Fiscal year 2001: $173,400,000,000.
Fiscal year 2002: $130,000,000,000.
SEC. 103. SOCIAL SECURITY.
(a) Social Security Revenues.--For purposes of Senate
enforcement under sections 302, 602, and 311 of the
Congressional Budget Act of 1974, the amounts of revenues of
the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund are as follows:
Fiscal year 1997: $385,010,000,000.
Fiscal year 1998: $402,282,000,000.
Fiscal year 1999: $423,420,000,000.
Fiscal year 2000: $445,102,000,000.
Fiscal year 2001: $465,155,000,000.
Fiscal year 2002: $487,344,000,000.
(b) Social Security Outlays.--For purposes of Senate
enforcement under sections 302, 602, and 311 of the
Congressional Budget Act of 1974, the amounts of outlays of
the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund are as follows:
Fiscal year 1997: $357,596,000,000.
Fiscal year 1998: $374,931,000,000.
Fiscal year 1999: $393,137,000,000.
Fiscal year 2000: $412,438,000,000.
Fiscal year 2001: $433,311,000,000.
Fiscal year 2002: $455,165,000,000.
SEC. 104. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority, budget outlays, new direct
loan obligations, and new primary loan guarantee commitments
for fiscal years 1997 through 2002 for each major functional
category are:
[[Page 1340]]
(1) National Defense (050):
Fiscal year 1997:
(A) New budget authority, $265,583,000,000.
(B) Outlays, $264,146,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $800,000,000.
Fiscal year 1998:
(A) New budget authority, $268,198,000,000.
(B) Outlays, $263,018,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $200,000,000.
Fiscal year 1999:
(A) New budget authority, $270,797,000,000.
(B) Outlays, $266,289,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $192,000,000.
Fiscal year 2000:
(A) New budget authority, $273,337,000,000.
(B) Outlays, $269,961,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $187,000,000.
Fiscal year 2001:
(A) New budget authority, $275,961,000,000.
(B) Outlays, $269,025,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $185,000,000.
Fiscal year 2002:
(A) New budget authority, $278,821,000,000.
(B) Outlays, $268,962,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $183,000,000.
(2) International Affairs (150):
Fiscal year 1997:
(A) New budget authority, $14,308,000,000.
(B) Outlays, $15,201,000,000.
(C) New direct loan obligations, $4,333,000,000.
(D) New primary loan guarantee commitments,
$18,110,000,000.
Fiscal year 1998:
(A) New budget authority, $12,120,000,000.
(B) Outlays, $13,519,000,000.
(C) New direct loan obligations, $4,342,000,000.
(D) New primary loan guarantee commitments,
$18,262,000,000.
Fiscal year 1999:
(A) New budget authority, $11,095,000,000.
(B) Outlays, $12,520,000,000.
(C) New direct loan obligations, $4,358,000,000.
(D) New primary loan guarantee commitments,
$18,311,000,000.
Fiscal year 2000:
(A) New budget authority, $11,556,000,000.
(B) Outlays, $11,235,000,000.
(C) New direct loan obligations, $4,346,000,000.
(D) New primary loan guarantee commitments,
$18,311,000,000.
Fiscal year 2001:
(A) New budget authority, $11,664,000,000.
(B) Outlays, $11,022,000,000.
(C) New direct loan obligations, $4,395,000,000.
(D) New primary loan guarantee commitments,
$18,409,000,000.
Fiscal year 2002:
(A) New budget authority, $11,864,000,000.
(B) Outlays, $10,896,000,000.
(C) New direct loan obligations, $4,387,000,000.
(D) New primary loan guarantee commitments,
$18,409,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 1997:
(A) New budget authority, $16,788,000,000.
(B) Outlays, $16,865,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $16,249,000,000.
(B) Outlays, $16,421,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $16,012,000,000.
(B) Outlays, $16,053,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $15,775,000,000.
(B) Outlays, $15,805,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $15,700,000,000.
(B) Outlays, $15,717,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $15,573,000,000.
(B) Outlays, $15,611,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(4) Energy (270):
Fiscal year 1997:
(A) New budget authority, $3,728,000,000.
(B) Outlays, $3,080,000,000.
(C) New direct loan obligations, $1,033,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $2,830,000,000.
(B) Outlays, $2,328,000,000.
(C) New direct loan obligations, $1,039,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $2,512,000,000.
(B) Outlays, $1,758,000,000.
(C) New direct loan obligations, $1,045,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $2,272,000,000.
(B) Outlays, $1,351,000,000.
(C) New direct loan obligations, $1,036,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $2,385,000,000.
(B) Outlays, $1,329,000,000.
(C) New direct loan obligations, $1,000,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $2,069,000,000.
(B) Outlays, $874,000,000.
(C) New direct loan obligations, $1,031,000,000.
(D) New primary loan guarantee commitments, $0.
(5) Natural Resources and Environment (300):
Fiscal year 1997:
(A) New budget authority, $20,879,000,000.
(B) Outlays, $21,707,000,000.
(C) New direct loan obligations, $37,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $18,862,000,000.
(B) Outlays, $19,698,000,000.
(C) New direct loan obligations, $41,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $19,787,000,000.
(B) Outlays, $20,515,000,000.
(C) New direct loan obligations, $38,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $18,604,000,000.
(B) Outlays, $19,125,000,000.
(C) New direct loan obligations, $38,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $19,170,000,000.
(B) Outlays, $19,418,000,000.
(C) New direct loan obligations, $38,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $19,098,000,000.
(B) Outlays, $19,169,000,000.
(C) New direct loan obligations, $38,000,000.
(D) New primary loan guarantee commitments, $0.
(6) Agriculture (350):
Fiscal year 1997:
(A) New budget authority, $12,811,000,000.
(B) Outlays, $10,985,000,000.
(C) New direct loan obligations, $7,794,000,000.
(D) New primary loan guarantee commitments, $5,870,000,000.
Fiscal year 1998:
(A) New budget authority, $12,122,000,000.
(B) Outlays, $10,220,000,000.
(C) New direct loan obligations, $9,346,000,000.
(D) New primary loan guarantee commitments, $6,637,000,000.
Fiscal year 1999:
(A) New budget authority, $11,799,000,000.
(B) Outlays, $9,898,000,000.
(C) New direct loan obligations, $10,743,000,000.
(D) New primary loan guarantee commitments, $6,586,000,000.
Fiscal year 2000:
(A) New budget authority, $11,146,000,000.
(B) Outlays, $9,268,000,000.
(C) New direct loan obligations, $10,736,000,000.
(D) New primary loan guarantee commitments, $6,652,000,000.
Fiscal year 2001:
(A) New budget authority, $10,015,000,000.
(B) Outlays, $8,229,000,000.
(C) New direct loan obligations, $10,595,000,000.
(D) New primary loan guarantee commitments, $6,641,000,000.
Fiscal year 2002:
(A) New budget authority, $9,627,000,000.
(B) Outlays, $7,822,000,000.
(C) New direct loan obligations, $10,570,000,000.
(D) New primary loan guarantee commitments, $6,709,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 1997:
(A) New budget authority, $8,186,000,000.
(B) Outlays, -$2,307,000,000.
(C) New direct loan obligations, $1,856,000,000.
(D) New primary loan guarantee commitments,
$197,340,000,000.
Fiscal year 1998:
(A) New budget authority, $9,561,000,000.
(B) Outlays, $5,746,000,000.
(C) New direct loan obligations, $1,787,000,000.
(D) New primary loan guarantee commitments,
$196,570,000,000.
Fiscal year 1999:
(A) New budget authority, $10,575,000,000.
(B) Outlays, $6,109,000,000.
(C) New direct loan obligations, $1,763,000,000.
(D) New primary loan guarantee commitments,
$196,253,000,000.
Fiscal year 2000:
(A) New budget authority, $12,543,000,000.
(B) Outlays, $7,414,000,000.
[[Page 1341]]
(C) New direct loan obligations, $1,759,000,000
(D) New primary loan guarantee commitments,
$195,883,000,000.
Fiscal year 2001:
(A) New budget authority, $11,363,000,000.
(B) Outlays, $7,377,000,000.
(C) New direct loan obligations, $1,745,000,000.
(D) New primary loan guarantee commitments,
$195,375,000,000.
Fiscal year 2002:
(A) New budget authority, $11,695,000,000.
(B) Outlays, $7,312,000,000.
(C) New direct loan obligations, $1,740,000,000.
(D) New primary loan guarantee commitments,
$194,875,000,000.
(8) Transportation (400):
Fiscal year 1997:
(A) New budget authority, $42,635,000,000.
(B) Outlays, $39,311,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $43,427,000,000.
(B) Outlays, $37,306,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $43,904,000,000.
(B) Outlays, $35,886,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $43,798,000,000.
(B) Outlays, $34,678,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $44,104,000,000.
(B) Outlays, $34,121,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $44,518,000,000.
(B) Outlays, $33,624,000,000.
(C) New direct loan obligations, $15,000,000.
(D) New primary loan guarantee commitments, $0.
(9) Community and Regional Development (450):
Fiscal year 1997:
(A) New budget authority, $8,218,000,000.
(B) Outlays, $10,321,000,000.
(C) New direct loan obligations, $1,231,000,000.
(D) New primary loan guarantee commitments, $2,133,000,000.
Fiscal year 1998:
(A) New budget authority, $6,651,000,000.
(B) Outlays, $8,982,000,000.
(C) New direct loan obligations, $1,257,000,000.
(D) New primary loan guarantee commitments, $2,133,000,000.
Fiscal year 1999:
(A) New budget authority, $6,611,000,000.
(B) Outlays, $8,111,000,000.
(C) New direct loan obligations, $1,287,000,000.
(D) New primary loan guarantee commitments, $1,171,000,000.
Fiscal year 2000:
(A) New budget authority, $6,656,000,000.
(B) Outlays, $7,267,000,000.
(C) New direct loan obligations, $1,365,000,000.
(D) New primary loan guarantee commitments, $1,171,000,000.
Fiscal year 2001:
(A) New budget authority, $6,466,000,000.
(B) Outlays, $6,819,000,000.
(C) New direct loan obligations, $1,404,000,000.
(D) New primary loan guarantee commitments, $2,202,000,000.
Fiscal year 2002:
(A) New budget authority, $6,367,000,000.
(B) Outlays, $6,334,000,000.
(C) New direct loan obligations, $1,430,000,000.
(D) New primary loan guarantee commitments, $2,202,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 1997:
(A) New budget authority, $48,983,000,000.
(B) Outlays, $49,964,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments,
$17,469,000,000.
Fiscal year 1998:
(A) New budget authority, $47,428,000,000.
(B) Outlays, $47,758,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments,
$19,760,000,000.
Fiscal year 1999:
(A) New budget authority, $48,197,000,000.
(B) Outlays, $47,761,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments,
$20,854,000,000.
Fiscal year 2000:
(A) New budget authority, $48,931,000,000.
(B) Outlays, $48,319,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments,
$21,589,000,000.
Fiscal year 2001:
(A) New budget authority, $49,686,000,000.
(B) Outlays, $48,953,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments,
$23,319,000,000.
Fiscal year 2002:
(A) New budget authority, $50,409,000,000.
(B) Outlays, $49,629,000,000.
(C) New direct loan obligations, $16,219,000,000.
(D) New primary loan guarantee commitments,
$25,085,000,000.
(11) Health (550):
Fiscal year 1997:
(A) New budget authority, $133,228,000,000.
(B) Outlays, $133,172,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $187,000,000.
Fiscal year 1998:
(A) New budget authority, $140,343,000,000.
(B) Outlays, $140,728,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $94,000,000.
Fiscal year 1999:
(A) New budget authority, $146,103,000,000.
(B) Outlays, $146,246,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $152,405,000,000.
(B) Outlays, $152,317,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $158,848,000,000.
(B) Outlays, $158,509,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $164,380,000,000.
(B) Outlays, $163,912,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(12) Medicare (570):
Fiscal year 1997:
(A) New budget authority, $192,835,000,000.
(B) Outlays, $191,151,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $207,412,000,000.
(B) Outlays, $205,687,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $218,091,000,000.
(B) Outlays, $215,819,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $230,596,000,000.
(B) Outlays, $228,847,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $243,192,000,000.
(B) Outlays, $241,458,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $253,649,000,000.
(B) Outlays, $251,248,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(13) Income Security (600):
Fiscal year 1997:
(A) New budget authority, $230,233,000,000.
(B) Outlays, $239,737,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $241,767,000,000.
(B) Outlays, $244,694,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $246,842,000,000.
(B) Outlays, $253,422,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $265,119,000,000.
(B) Outlays, $265,209,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $264,868,000,000.
(B) Outlays, $268,404,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $283,450,000,000.
(B) Outlays, $280,388,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(14) Social Security (650):
Fiscal year 1997:
(A) New budget authority, $7,813,000,000.
(B) Outlays, $11,001,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $8,476,000,000.
(B) Outlays, $11,213,000,000.
(C) New direct loan obligations, $0.
[[Page 1342]]
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $9,219,000,000.
(B) Outlays, $11,922,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $9,979,000,000.
(B) Outlays, $12,662,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $10,775,000,000.
(B) Outlays, $13,458,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $11,607,000,000.
(B) Outlays, $14,290,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(15) Veterans Benefits and Services (700):
Fiscal year 1997:
(A) New budget authority, $38,463,000,000.
(B) Outlays, $39,561,000,000.
(C) New direct loan obligations, $935,000,000.
(D) New primary loan guarantee commitments,
$26,362,000,000.
Fiscal year 1998:
(A) New budget authority, $38,552,000,000.
(B) Outlays, $39,313,000,000.
(C) New direct loan obligations, $962,000,000.
(D) New primary loan guarantee commitments,
$25,925,000,000.
Fiscal year 1999:
(A) New budget authority, $38,179,000,000.
(B) Outlays, $38,644,000,000.
(C) New direct loan obligations, $987,000,000.
(D) New primary loan guarantee commitments,
$25,426,000,000.
Fiscal year 2000:
(A) New budget authority, $38,186,000,000.
(B) Outlays, $39,886,000,000.
(C) New direct loan obligations, $1,021,000,000.
(D) New primary loan guarantee commitments,
$24,883,000,000.
Fiscal year 2001:
(A) New budget authority, $38,382,000,000.
(B) Outlays, $37,265,000,000.
(C) New direct loan obligations, $1,189,000,000.
(D) New primary loan guarantee commitments,
$24,298,000,000.
Fiscal year 2002:
(A) New budget authority, $39,318,000,000.
(B) Outlays, $39,602,000,000.
(C) New direct loan obligations, $1,194,000,000.
(D) New primary loan guarantee commitments,
$23,668,000,000.
(16) Administration of Justice (750):
Fiscal year 1997:
(A) New budget authority, $20,924,000,000.
(B) Outlays, $19,540,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $22,320,000,000.
(B) Outlays, $21,397,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $23,264,000,000.
(B) Outlays, $22,331,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $23,278,000,000.
(B) Outlays, $22,966,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $20,330,000,000.
(B) Outlays, $20,281,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $20,315,000,000.
(B) Outlays, $20,267,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(17) General Government (800):
Fiscal year 1997:
(A) New budget authority, $12,353,000,000.
(B) Outlays, $12,186,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $14,097,000,000.
(B) Outlays, $14,275,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $13,288,000,000.
(B) Outlays, $13,461,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $13,609,000,000.
(B) Outlays, $13,675,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $13,262,000,000.
(B) Outlays, $13,185,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $13,209,000,000.
(B) Outlays, $12,831,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(18) Net Interest (900):
Fiscal year 1997:
(A) New budget authority, $282,591,000,000.
(B) Outlays, $282,591,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, $289,121,000,000.
(B) Outlays, $289,121,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, $292,939,000,000.
(B) Outlays, $292,939,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, $294,426,000,000.
(B) Outlays, $294,426,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, $298,531,000,000.
(B) Outlays, $298,531,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, $302,932,000,000.
(B) Outlays, $302,932,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(19) Allowances (920):
Fiscal year 1997:
(A) New budget authority, -$465,000,000.
(B) Outlays, -$1,867,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$1,921,000,000.
(B) Outlays, -$1,217,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$2,084,000,000.
(B) Outlays, -$1,085,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, -$2,340,000,000.
(B) Outlays, -$1,413,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, -$2,552,000,000.
(B) Outlays, -$2,401,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, -$2,898,000,000.
(B) Outlays, -$2,863,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 1997:
(A) New budget authority, -$45,334,000,000.
(B) Outlays, -$45,334,000,000.
(C) New direct loan obligations, $7,900,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1998:
(A) New budget authority, -$35,539,000,000.
(B) Outlays, -$35,539,000,000.
(C) New direct loan obligations, $1,350,000,000.
(D) New primary loan guarantee commitments, $0.
Fiscal year 1999:
(A) New budget authority, -$34,727,000,000.
(B) Outlays, -$34,727,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2000:
(A) New budget authority, -$36,505,000,000.
(B) Outlays, -$36,505,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2001:
(A) New budget authority, -$38,277,000,000.
(B) Outlays, -$38,277,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
Fiscal year 2002:
(A) New budget authority, -$39,940,000,000.
(B) Outlays, -$39,940,000,000.
(C) New direct loan obligations, $0.
(D) New primary loan guarantee commitments, $0.
TITLE II--RECONCILIATION DIRECTIONS
SEC. 201. RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.
(a) Submissions.--
(1) Welfare and medicaid reform and tax relief.--Not later
than June 13, 1996, the House committees named in subsection
(b) shall submit their recommendations to provide direct
spending and revenues to the Committee on the Budget of the
House of
[[Page 1343]]
Representatives. After receiving those recommendations, the
Committee on the Budget shall report to the House a
reconciliation bill carrying out all such recommendations
without any substantive revision.
(2) Medicare preservation.--Not later than July 18, 1996,
the House committees named in subsection (c) shall submit
their recommendations to provide direct spending to the
Committee on the Budget of the House of Representatives.
After receiving those recommendations, the Committee on the
Budget shall report to the House a reconciliation bill
carrying out all such recommendations without any substantive
revision.
(3) Tax and miscellaneous direct spending reforms.--Not
later than September 6, 1996, the House committees named in
subsection (d) shall submit their recommendations to provide
direct spending, deficit reduction, and revenues to the
Committee on the Budget of the House of Representatives.
After receiving those recommendations, the Committee on the
Budget shall report to the House a reconciliation bill
carrying out all such recommendations without any substantive
revision.
(b) Instructions for Welfare and Medicaid Reform and Tax
Relief.--
(1) Committee on agriculture.--The House Committee on
Agriculture shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$35,609,000,000 in outlays for fiscal year 1997,
$36,625,000,000 in outlays for fiscal year 2002, and
$216,316,000,000 in outlays in fiscal years 1997 through
2002.
(2) Committee on commerce.--The House Committee on Commerce
shall report changes in laws within its jurisdiction that
provide direct spending such that the total level of direct
spending for that committee does not exceed: $326,354,000,000
in outlays for fiscal year 1997, $473,718,000,000 in outlays
for fiscal year 2002, and $2,395,231,000,000 in outlays in
fiscal years 1997 through 2002.
(3) Committee on economic and educational opportunities.--
The House Committee on Economic and Educational Opportunities
shall report changes in laws within its jurisdiction that
provide direct spending such that the total level of direct
spending for that committee does not exceed: $15,808,000,000
in outlays for fiscal year 1997, $19,670,000,000 in outlays
for fiscal year 2002, and $105,331,000,000 in outlays in
fiscal years 1997 through 2002.
(4) Committee on ways and means.--(A) The House Committee
on Ways and Means shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$381,199,000,000 in outlays for fiscal year 1997,
$563,607,000,000 in outlays for fiscal year 2002, and
$2,810,569,000,000 in outlays in fiscal years 1997 through
2002.
(B) The House Committee on Ways and Means shall report
changes in laws within its jurisdiction sufficient to reduce
revenues by not more than $122,400,000,000 for fiscal years
1997 through 2002.
(c) Instructions for Medicare Preservation.--
(1) Committee on commerce.--The House Committee on Commerce
shall report changes in laws within its jurisdiction that
provide direct spending such that the total level of direct
spending for that committee does not exceed: $319,554,000,000
in outlays for fiscal year 1997, $420,915,000,000 in outlays
for fiscal year 2002, and $2,237,231,000,000 in outlays in
fiscal years 1997 through 2002.
(2) Committee on ways and means.--The House Committee on
Ways and Means shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$374,399,000,000 in outlays for fiscal year 1997,
$510,804,000,000 in outlays for fiscal year 2002, and
$2,652,569,000,000 in outlays in fiscal years 1997 through
2002.
(d) Instructions for Tax and Miscellaneous Direct Spending
Reforms.--
(1) Committee on agriculture.--The House Committee on
Agriculture shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$35,599,000,000 in outlays for fiscal year 1997,
$36,614,000,000 in outlays for fiscal year 2002, and
$216,251,000,000 in outlays in fiscal years 1997 through
2002.
(2) Committee on banking and financial services.--(A) The
House Committee on Banking and Financial Services shall
report changes in laws within its jurisdiction that provide
direct spending such that the total level of direct spending
for that committee does not exceed: -$12,645,000,000 in
outlays for fiscal year 1997, -$5,775,000,000 in outlays for
fiscal year 2002, and -$41,639,000,000 in outlays in fiscal
years 1997 through 2002.
(B) The House Committee on Banking and Financial Services
shall report changes in laws within its jurisdiction that
would reduce the deficit by: $0 in fiscal year 1997,
$115,000,000 for fiscal year 2002, and $305,000,000 in fiscal
years 1997 through 2002.
(3) Committee on commerce.--The House Committee on Commerce
shall report changes in laws within its jurisdiction that
provide direct spending such that the total level of direct
spending for that committee does not exceed: $318,054,000,000
in outlays for fiscal year 1997, $415,290,000,000 in outlays
for fiscal year 2002, and $2,216,885,000,000 in outlays in
fiscal years 1997 through 2002.
(4) Committee on economic and educational opportunities.--
The House Committee on Economic and Educational Opportunities
shall report changes in laws within its jurisdiction that
provide direct spending such that the total level of direct
spending for that committee does not exceed: $15,025,000,000
in outlays for fiscal year 1997, $18,963,000,000 in outlays
for fiscal year 2002, and $101,660,000,000 in outlays in
fiscal years 1997 through 2002.
(5) Committee on government reform and oversight.--(A) The
House Committee on Government Reform and Oversight shall
report changes in laws within its jurisdiction that provide
direct spending such that the total level of direct spending
for that committee does not exceed: $65,164,000,000 in
outlays for fiscal year 1997, $82,594,000,000 in outlays for
fiscal year 2002, and $442,230,000,000 in outlays in fiscal
years 1997 through 2002.
(B) The House Committee on Government Reform and Oversight
shall report changes in laws within its jurisdiction that
would reduce the deficit by: $201,000,000 in fiscal year
1997, $590,000,000 for fiscal years 2002, and $2,837,000,000
in fiscal years 1997 through 2002.
(6) Committee on international relations.--The House
Committee on International Relations shall report changes in
laws within its jurisdiction that provide direct spending
such that the total level of direct spending for that
committee does not exceed: $13,025,000,000 in outlays for
fiscal year 1997, $10,311,000,000 in outlays for fiscal year
2002, and $67,953,000,000 in outlays in fiscal years 1997
through 2002.
(7) Committee on the judiciary.--The House Committee on the
Judiciary shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$2,784,000,000 in outlays for fiscal year 1997,
$4,586,000,000 in outlays for fiscal year 2002, and
$26,482,000,000 in outlays in fiscal years 1997 through 2002.
(8) Committee on national security.--The House Committee on
National Security shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$39,787,000,000 in outlays for fiscal year 1997,
$49,774,000,000 in outlays for fiscal year 2002, and
$271,815,000,000 in outlays in fiscal years 1997 through
2002.
(9) Committee on resources.--The House Committee on
Resources shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$2,115,000,000 in outlays for fiscal year 1997,
$2,048,000,000 in outlays for fiscal year 2002, and
$11,652,000,000 in outlays in fiscal years 1997 through 2002.
(10) Committee on science.--The House Committee on Science
shall report changes in laws within its jurisdiction that
provide direct spending such that the total level of direct
spending for that committee does not exceed: $40,000,000 in
outlays for fiscal year 1997, $46,000,000 in outlays for
fiscal year 2002, and $242,000,000 in outlays in fiscal years
1997 through 2002.
(11) Committee on transportation and infrastructure.--The
House Committee on Transportation and Infrastructure shall
report changes in laws within its jurisdiction that provide
direct spending such that the total level of direct spending
for that committee does not exceed: $18,315,000,000 in
outlays for fiscal year 1997, $18,001,000,000 in outlays for
fiscal year 2002, and $107,328,000,000 in outlays in fiscal
years 1997 through 2002.
(12) Committee on veterans' affairs.--The House Committee
on Veterans' Affairs shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$21,375,000,000 in outlays for fiscal year 1997,
$22,217,000,000 in outlays for fiscal year 2002, and
$130,468,000,000 in outlays in fiscal years 1997 through
2002.
(13) Committee on ways and means.--(A) The House Committee
on Ways and Means shall report changes in laws within its
jurisdiction that provide direct spending such that the total
level of direct spending for that committee does not exceed:
$372,342,000,000 in outlays for fiscal year 1997,
$508,107,000,000 in outlays for fiscal year 2002, and
$2,638,057,000,000 in outlays in fiscal years 1997 through
2002.
(B)(i) The House Committee on Ways and Means shall report
changes in laws within its jurisdiction sufficient to reduce
revenues by not more than $113,838,000,000 in fiscal years
1997 through 2002.
(ii) If a reconciliation bill referred to in subsection
(a)(1) is enacted into law, then the revenue amount set forth
in clause (i) shall be adjusted to reflect the revenue
provisions of that Act.
(e) Definition.--For purposes of this section, the term
``direct spending'' has the meaning given to such term in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 202. RECONCILIATION IN THE SENATE.
(a) First Reconciliation Instructions.--Not later than June
21, 1996, the committees named in this subsection shall
submit their recommendations to the Committee on the Budget
of the Senate. After receiving those recommendations, the
Committee on the Budget shall report to the Senate a
reconciliation bill carrying out all such recommendations
without any substantive revision.
(1) Committee on agriculture, nutrition, and forestry.--The
Senate Committee on Agriculture, Nutrition, and Forestry
shall report changes in laws within its jurisdiction that
provide direct spending (as defined in
[[Page 1344]]
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985) to reduce outlays $1,974,000,000
in fiscal year 1997, $26,169,000,000 for the period of fiscal
years 1997 through 2002, and $5,967,000,000 in fiscal year
2002.
(2) Committee on finance.--(A) The Senate Committee on
Finance shall report changes in laws within its jurisdiction
that provide direct spending (as defined in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985) to reduce outlays $260,000,000 in fiscal year 1997,
$98,321,000,000 for the period of fiscal years 1997 through
2002, and $36,578,000,000 in fiscal year 2002.
(B) The Committee on Finance shall report changes in laws
within its jurisdiction necessary to reduce revenues by not
more than $122,400,000,000 for the period of fiscal years
1997 through 2002.
(b) Second Reconciliation Instructions.--No later than July
24, 1996, the Committee on Finance shall report to the Senate
a reconciliation bill proposing changes in laws within its
jurisdiction that provide direct spending (as defined in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985) to reduce outlays $6,800,000,000
in fiscal year 1997, $158,000,000,000 for the period of
fiscal years 1997 through 2002, and $52,803,000,000 in fiscal
year 2002.
(c) Third Reconciliation Instructions.--No later than
September 18, 1996, the committees named in this subsection
shall submit their recommendations to the Committee on the
Budget of the Senate. After receiving those recommendations,
the Committee on the Budget shall report to the Senate a
reconciliation bill carrying out all such recommendations
without any substantive revision.
(1) Committee on agriculture, nutrition, and forestry.--The
Senate Committee on Agriculture, Nutrition, and Forestry
shall report changes in laws within its jurisdiction that
provide direct spending (as defined in section 250(c)(8) of
the Balanced Budget and Emergency Deficit Control Act of
1985) to reduce outlays $10,000,000 in fiscal year 1997,
$65,000,000 for the period of fiscal years 1997 through 2002,
and $11,000,000 in fiscal year 2002.
(2) Committee on armed services.--The Senate Committee on
Armed Services shall report changes in laws within its
jurisdiction that provide direct spending (as defined in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985) to reduce outlays $79,000,000 in
fiscal year 1997, $649,000,000 for the period of fiscal years
1997 through 2002, and $166,000,000 in fiscal year 2002.
(3) Committee on banking, housing, and urban affairs.--The
Senate Committee on Banking, Housing, and Urban Affairs shall
report changes in laws within its jurisdiction that reduce
the deficit by $3,628,000,000 in fiscal year 1997,
$3,605,000,000 for the period of fiscal years 1997 through
2002, and $462,000,000 in fiscal year 2002.
(4) Committee on commerce, science, and transportation.--
The Senate Committee on Commerce, Science, and Transportation
shall report changes in laws within its jurisdiction that
provide direct spending (as defined in section 250(c)(8) of
the Balanced Budget and Emergency Deficit Control Act of
1985) to reduce outlays $19,396,000,000 for the period of
fiscal years 1997 through 2002, and $5,649,000,000 in fiscal
year 2002.
(5) Committee on energy and natural resources.--The Senate
Committee on Energy and Natural Resources shall report
changes in laws within its jurisdiction that provide direct
spending (as defined in section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985) to reduce
outlays $90,000,000 in fiscal year 1997, $1,512,000,000 for
the period of fiscal years 1997 through 2002, and $72,000,000
in fiscal year 2002.
(6) Committee on environment and public works.--The Senate
Committee on Environment and Public Works shall report
changes in laws within its jurisdiction that provide direct
spending (as defined in section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985) to reduce
outlays $87,000,000 in fiscal year 1997, $2,184,000,000 for
the period of fiscal years 1997 through 2002, and
$392,000,000 in fiscal year 2002.
(7) Committee on finance.--(A) The Senate Committee on
Finance shall report changes in laws within its jurisdiction
that reduce the deficit by $3,639,000,000 in fiscal year
1997, $23,184,000,000 for the period of fiscal years 1997
through 2002, and $4,121,000,000 in fiscal year 2002.
(B) The Committee on Finance shall report changes in laws
within its jurisdiction to reduce revenues for the period of
fiscal years 1997 through 2002 by not more than the amount
specified in subsection (a)(2)(B) reduced by the amount that
legislation enacted pursuant to subsection (a) reduced
revenues for that period of fiscal years.
(8) Committee on governmental affairs.--The Senate
Committee on Governmental Affairs shall report changes in
laws within its jurisdiction that reduce the deficit
$1,101,000,000 in fiscal year 1997, $8,801,000,000 for the
period of fiscal years 1997 through 2002, and $1,492,000,000
in fiscal year 2002.
(9) Committee on the judiciary.--The Senate Committee on
the Judiciary shall report changes in laws within its
jurisdiction that provide direct spending (as defined in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985) to reduce outlays $476,000,000
for the period of fiscal years 1997 through 2002 and
$119,000,000 in fiscal year 2002.
(10) Committee on labor and human resources.--The Senate
Committee on Labor and Human Resources shall report changes
in laws within its jurisdiction that provide direct spending
(as defined in section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985) to reduce outlays
$783,000,000 in fiscal year 1997, $3,671,000,000 for the
period of fiscal years 1997 through 2002, and $707,000,000 in
fiscal year 2002.
(11) Committee on veterans' affairs.--The Senate Committee
on Veterans' Affairs shall report changes in laws within its
jurisdiction that provide direct spending (as defined in
section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985) to reduce outlays $126,000,000
in fiscal year 1997, $5,271,000,000 for the period of fiscal
years 1997 through 2002, and $1,418,000,000 in fiscal year
2002.
(d) Treatment of Reconciliation Bills for Prior Surplus.--
For purposes of section 202 of House Concurrent Resolution 67
(104th Congress), legislation which reduces revenues pursuant
to a reconciliation instruction contained in subsection (c)
shall be taken together with all other legislation enacted
pursuant to the reconciliation instructions contained in this
resolution when determining the deficit effect of such
legislation.
TITLE III--BUDGET ENFORCEMENT
SEC. 301. DISCRETIONARY SPENDING LIMITS.
(a) Definition.--As used in this section and for the
purposes of allocations made pursuant to section 302(a) or
602(a) of the Congressional Budget Act of 1974, for the
discretionary category, the term ``discretionary spending
limit'' means--
(1) with respect to fiscal year 1997--
(A) for the defense category $266,362,000,000 in new budget
authority and $264,968,000,000 in outlays; and
(B) for the nondefense category $230,988,000,000 in new
budget authority and $273,644,000,000 in outlays;
(2) with respect to fiscal year 1998--
(A) for the defense category $268,971,000,000 in new budget
authority and $263,862,000,000 in outlays; and
(B) for the nondefense category $224,746,000,000 in new
budget authority and $263,093,000,000 in outlays;
(3) with respect to fiscal year 1999, for the discretionary
category $491,268,000,000 in new budget authority and
$525,485,000,000 in outlays;
(4) with respect to fiscal year 2000, for the discretionary
category $498,589,000,000 in new budget authority and
$525,251,000,000 in outlays;
(5) with respect to fiscal year 2001, for the discretionary
category $491,117,000,000 in new budget authority and
$516,223,000,000 in outlays; and
(6) with respect to fiscal year 2002, for the discretionary
category $500,592,000,000 in new budget authority and
$514,219,000,000 in outlays;
as adjusted for changes in concepts and definitions and
emergency appropriations.
(b) Point of Order in the Senate.--
(1) In general.--Except as provided in paragraph (2), it
shall not be in order in the Senate to consider--
(A) a revision of this resolution or any concurrent
resolution on the budget for fiscal year 1998 (or amendment,
motion, or conference report on such a resolution) that
provides discretionary spending in excess of the sum of the
defense and nondefense discretionary spending limits for such
fiscal year;
(B) any concurrent resolution on the budget for fiscal year
1999, 2000, 2001, or 2002 (or amendment, motion, or
conference report on such a resolution) that provides
discretionary spending in excess of the discretionary
spending limit for such fiscal year; or
(C) any appropriation bill or resolution (or amendment,
motion, or conference report on such appropriation bill or
resolution) for fiscal year 1997, 1998, 1999, 2000, 2001, or
2002 that would exceed any of the discretionary spending
limits in this section or suballocations of those limits made
pursuant to section 602(b) of the Congressional Budget Act of
1974.
(2) Exception.--
(A) In general.--This section shall not apply if a
declaration of war by the Congress is in effect or if a joint
resolution pursuant to section 258 of the Balanced Budget and
Emergency Deficit Control Act of 1985 has been enacted.
(B) Enforcement of discretionary limits in fy 1997.--Until
the enactment of reconciliation legislation pursuant to
subsections (a), (b), and (c) of section 202 of this
resolution and for purposes of the application of paragraph
(1), only subparagraph (C) of paragraph (1) shall apply, and
it shall apply only for fiscal year 1997.
(c) Waiver.--This section may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(d) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the
concurrent resolution, bill, or joint resolution, as the case
may be. An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the
Senate to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
[[Page 1345]]
(e) Determination of Budget Levels.--For purposes of
subsection (b), the levels of new budget authority and
outlays for a fiscal year shall be determined on the basis of
estimates made by the Committee on the Budget of the Senate.
SEC. 302. BUDGETARY TREATMENT OF THE SALE OF GOVERNMENT
ASSETS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the prohibition on scoring asset sales has discouraged
the sale of assets that can be better managed by the private
sector and generate receipts to reduce the Federal budget
deficit;
(2) the President's fiscal year 1997 budget included
$3,900,000,000 in receipts from asset sales and proposed a
change in the asset sale scoring rule to allow the proceeds
from these sales to be scored;
(3) assets should not be sold if such sale would increase
the budget deficit over the long run; and
(4) the asset sale scoring prohibition should be repealed
and consideration should be given to replacing it with a
methodology that takes into account the long-term budgetary
impact of asset sales.
(b) Budgetary Treatment.--(1) For the purposes of any
concurrent resolution on the budget and the Congressional
Budget Act of 1974, amounts realized from sales of assets
shall be scored with respect to the level of budget
authority, outlays, or revenues.
(2) For purposes of this section, the term ``sale of an
asset'' shall have the same meaning as under section
250(c)(21) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(3) For purposes of this section, the sale of loan assets
or the prepayment of a loan shall be governed by the terms of
the Federal Credit Reform Act of 1990.
SEC. 303. BUDGETARY TREATMENT OF DIRECT STUDENT LOANS.
For the purposes of any concurrent resolution on the budget
and the Congressional Budget Act of 1974, the cost of a
direct loan under the Federal direct student loan program
shall be the net present value, at the time when the direct
loan is disbursed, of the following cash flows for the
estimated life of the loan--
(1) loan disbursements;
(2) repayments of principal;
(3) payments of interest and other payments by or to the
Government over the life of the loan after adjusting for
estimated defaults, prepayments, fees, penalties, and other
recoveries; and
(4) direct expenses, including--
(A) activities related to credit extension, loan
origination, loan servicing, management of contractors, and
payments to contractors, other government entities, and
program participants;
(B) collection of delinquent loans; and
(C) writeoff and closeout of loans.
SEC. 304. SUPERFUND RESERVE FUND.
(a) Deficit Neutral Adjustments in the House.--
(1) Committee allocations.--In the House of
Representatives--
(A) after the enactment of a superfund bill that reforms
the Superfund program to facilitate the clean up of hazardous
waste sites and extends Superfund taxes; and
(B) upon the reporting of an appropriation measure (or
submission of a conference report thereon) that appropriates
funds for the Superfund program in excess of $1,302,000,000;
the chairman of the Committee on the Budget of that House may
submit revised allocations, functional levels, budget
aggregates, and discretionary spending limits to carry out
this section by an amount that is equal to such excess. These
revisions shall be considered for the purposes of the
Congressional Budget Act of 1974 as the allocations, levels,
aggregates, and limits contained in this resolution.
(2) Committee suballocations.--The Committee on
Appropriations of the House of Representatives may report
appropriately revised suballocations pursuant to sections
302(b)(1) and 602(b)(1) of the Congressional Budget Act of
1974 following the revision of allocations to that committee
pursuant to paragraph (1).
(3) Limitations.--The adjustments under this subsection
shall not exceed--
(A) the net revenue increase for a fiscal year resulting
from the enactment of legislation that extends Superfund
taxes; and
(B) $898,000,000 in budget authority for a fiscal year and
the outlays flowing from such budget authority in all fiscal
years.
(3) Readjustments.--In the House of Representatives, any
adjustments made under this subsection for any appropriations
measure or any conference report thereon may be readjusted if
that measure is not enacted into law.
(b) Deficit Neutral Adjustments in the Senate.--
(1) In general.--In the Senate, after the enactment of
legislation that reforms the Superfund program and extends
Superfund taxes, in the Senate, budget authority and outlays
allocated to the Committee on Appropriations under sections
302(a) and 602(a) of the Congressional Budget Act of 1974,
the appropriate functional levels, the appropriate budget
aggregates, and the discretionary spending limits in section
201 of this resolution may be revised to provide additional
budget authority and the outlays flowing from that budget
authority for the Superfund program, pursuant to this
subsection.
(2) Deficit neutral adjustments.--
(A) Allocations.--
(i) Committee allocations.--In the Senate, upon reporting
of an appropriations measure, or when a conference committee
submits a conference report thereon, that appropriates funds
for the Superfund program in excess of $1,302,000,000, the
chairman of the Committee on the Budget of the Senate may
submit revised allocations, functional levels, budget
aggregates, and discretionary spending limits to carry out
this section that adds to such allocations, levels,
aggregates, and limits an amount that is equal to such
excess. These revised allocations, levels, aggregates, and
limits shall be considered for the purposes of the
Congressional Budget Act of 1974 as the allocations, levels,
aggregates, and limits contained in this resolution.
(ii) Committee suballocations.--The Committee on
Appropriations of the Senate may report appropriately revised
suballocations pursuant to sections 302(b)(1) and 602(b)(1)
of the Congressional Budget Act of 1974 following the
revision of the allocations pursuant to clause (i).
(B) Limitations.--The adjustments under this subsection
shall not exceed--
(i) the net revenue increase for a fiscal year resulting
from the enactment of legislation that extends Superfund
taxes; and
(ii) $898,000,000 in budget authority for a fiscal year and
the outlays flowing from such budget authority in all fiscal
years.
SEC. 305. TAX RESERVE FUND IN THE SENATE.
(a) In General.--In the Senate, revenue and spending
aggregates may be reduced and allocations may be revised for
legislation that reduces revenues by providing family tax
relief, fuel tax relief, and incentives to stimulate savings,
investment, job creation, and economic growth if such
legislation will not increase the deficit for--
(1) fiscal year 1997;
(2) the period of fiscal years 1997 through 2001; or
(3) the period of fiscal years 2002 through 2006.
(b) Revised Allocations.--Upon the consideration of
legislation pursuant to subsection (a), the Chairman of the
Committee on the Budget of the Senate may file with the
Senate appropriately revised allocations under sections
302(a) and 602(a) of the Congressional Budget Act of 1974 and
revised functional levels and aggregates to carry out this
section. These revised allocations, functional levels, and
aggregates shall be considered for the purposes of the
Congressional Budget Act of 1974 as allocations, functional
levels, and aggregates contained in this resolution.
(c) Reporting Revised Allocations.--The appropriate
committee may report appropriately revised allocations
pursuant to sections 302(b) and 602(b) of the Congressional
Budget Act of 1974 to carry out this section.
SEC. 306. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of each House,
or of that House to which they specifically apply, and such
rules shall supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change those rules (so far as they relate to
that House) at any time, in the same manner, and to the same
extent as in the case of any other rule of that House.
SEC. 307. GOVERNMENT SHUTDOWN PREVENTION ALLOWANCE.
(a) In General.--In the House of Representatives for
consideration of a conference report, or in the Senate, the
fiscal year 1997 outlay allocation made pursuant to sections
302(a) and 602(a) of the Congressional Budget Act of 1974 to
the Committees on Appropriations, the fiscal year 1997 outlay
aggregate, the fiscal year 1997 discretionary limit on
nondefense outlays and other appropriate aggregates may be
increased for a resolution making continuing appropriations
for fiscal year 1997. These revised allocations, aggregates,
and limits shall be considered for all purposes of the
Congressional Budget Act of 1974 as allocations, aggregates,
and limits contained in this resolution and shall remain in
effect for the consideration of any fiscal year 1997
appropriations measure.
(b) Revised Allocations.--In the Senate, upon the
consideration of a motion to proceed or an agreement to
proceed to a resolution making continuing appropriations for
fiscal year 1997, or in the House of Representatives, upon
the filing of a conference report thereon, that complies with
the fiscal year 1997 discretionary limit on nondefense budget
authority, the Chairman of the Committee on the Budget of the
appropriate House may submit a revised outlay allocation for
such committee and appropriately revised aggregates and
limits to carry out this section.
(c) Committee Suballocations.--The Committee on
Appropriations of the appropriate House may report
appropriately revised suballocations pursuant to sections
302(b)(1) and 602(b)(1) of the Congressional Budget Act of
1974 following the revision of allocations pursuant to this
section.
(d) Limitations.--The adjustments made under this section
shall not exceed $1,337,000,000 in outlays for fiscal year
1997.
TITLE IV--SENSE OF CONGRESS, HOUSE, AND SENATE PROVISIONS
SEC. 401. SENSE OF CONGRESS ON BASELINES.
(a) Findings.--Congress finds that:
[[Page 1346]]
(1) Baselines are projections of future spending if
existing policies remain unchanged.
(2) Under baseline assumptions, spending automatically
rises with inflation even if such increases are not mandated
under existing law.
(3) Baseline budgeting is inherently biased against
policies that would reduce the projected growth in spending
because such policies are depicted as spending reductions
from an increasing baseline.
(4) The baseline concept has encouraged Congress to
abdicate its constitutional obligation to control the public
purse for those programs which are automatically funded.
(b) Sense of Congress.--It is the sense of Congress that
baseline budgeting should be replaced with a budgetary model
that requires justification of aggregate funding levels and
maximizes congressional accountability for Federal spending.
SEC. 402. SENSE OF CONGRESS ON LOAN SALES.
(a) Findings.--Congress finds that:
(1) The House and Senate Appropriations Subcommittees on
Treasury, Postal Service, and General Government have stated
that ``more consideration should be given to the sale of
nonperforming loans held not only by HUD, but by all Federal
agencies that provide credit programs'' and directed the
Office of Management and Budget to direct Federal agencies to
evaluate the value of their credit programs and develop a
plan for the privatization of such credit programs.
(2) The Senate Appropriations Subcommittee on Commerce,
Justice, State, the Judiciary, and Related Agencies has
directed that the Small Business Administration should study
and report to Congress on the feasibility of private
servicing of SBA loan activities.
(3) The House Appropriations Subcommittee on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies previously directed the Farmers Home Administration
to ``explore the potential savings that might occur from
contract centralized servicing.''
(4) The Committee on Agriculture of the House has
consistently urged the Secretary of Agriculture to explore
contracting out loan servicing operations.
(5) The General Accounting Office has found that ``Allowing
the public and private sectors to compete for the centralized
servicing (of loans) could mean reaping the benefits of the
competitive marketplace--greater efficiency, increased focus
on customer needs, increased innovation, and improved
morale.''
(6) The House Committee on Small Business has recommended
``that 40 percent of the loan servicing portfolio (for
Disaster Loans) be privatized.''
(7) The President's Budget for Fiscal Year 1997 proposes to
review options for improving the quality of loan portfolio
management including contracting to the private sector.
(b) Sense of Congress.--It is the sense of Congress that
the appropriate committees of the House and the Senate should
report legislation authorizing the sale of such loan assets
as they deem appropriate in order to contribute to Government
downsizing, administrative cost savings, and improved
services to borrowers.
SEC. 403. SENSE OF CONGRESS ON CHANGES IN MEDICAID.
It is the sense of Congress that any legislation changing
the medicaid program pursuant to this resolution should--
(1) guarantee coverage for low-income children, pregnant
women, the elderly, and the disabled as described in the
National Governors' Association February 6, 1996, policy on
reforming medicaid, which was endorsed unanimously by our
Nation's Governors;
(2) maintain the medicaid program as a matching program
while providing a fairer and more equitable formula for
calculating the matching rate;
(3) reject any illusory financing schemes;
(4) continue existing law for Federal minimum quality
standards for nursing homes and the enforcement of those
standards;
(5) continue Federal rules that prevent wives or husbands
from being required to impoverish themselves in order to
obtain and keep medicaid benefits for their spouse requiring
nursing home care and continue existing prohibitions against
the States requiring the adult children of institutionalized
patients from having to contribute to the cost of nursing
facility services; and
(6) provide coverage of medicare premiums and cost-sharing
payments for low-income seniors consistent with the unanimous
National Governors' Association medicaid policy.
SEC. 404. SENSE OF CONGRESS ON IMPACT OF LEGISLATION ON
CHILDREN.
(a) Sense of Congress.--It is the sense of Congress that
Congress should not adopt or enact any legislation that will
increase the number of children who are hungry, homeless,
poor, or medically uninsured.
(b) Legislative Accountability for Impact on Children.--In
the event legislation enacted to comply with this resolution
results in an increase in the number of hungry, homeless,
poor, or medically uninsured by the end of fiscal year 1997,
Congress shall revisit the provisions of such legislation
which caused such increase and shall, as soon as practicable
thereafter, adopt legislation which would halt any
continuation of such increase.
SEC. 405. SENSE OF CONGRESS ON DEBT REPAYMENT.
It is the sense of Congress that--
(1) Congress has a basic moral and ethical responsibility
to future generations to repay the Federal debt;
(2) Congress should enact a plan that balances the budget
and also develop a regimen for paying off the Federal debt;
(3) after the budget is balanced, a surplus should be
created which can be used to begin paying off the debt; and
(4) such a plan should be formulated and implemented so
that this generation can save future generations from the
crushing burdens of the Federal debt.
SEC. 406. SENSE OF CONGRESS ON COMMITMENT TO A BALANCED
BUDGET BY FISCAL YEAR 2002.
It is the sense of Congress that the President and Congress
should continue to adhere to the statutory commitment made by
both parties on November 20, 1995, to enact legislation to
achieve a balanced budget not later than fiscal year 2002 as
estimated by the Congressional Budget Office.
SEC. 407. SENSE OF CONGRESS THAT TAX REDUCTIONS SHOULD
BENEFIT WORKING FAMILIES.
It is the sense of Congress that this concurrent resolution
on the budget assumes any reductions in taxes should be
structured to benefit working families by providing family
tax relief and incentives to stimulate savings, investment,
job creation, and economic growth.
SEC. 408. SENSE OF CONGRESS ON A BIPARTISAN COMMISSION ON THE
SOLVENCY OF MEDICARE.
(a) Findings.--Congress finds that--
(1) the Trustees of medicare have concluded that ``the
medicare program is clearly unsustainable in its present
form'';
(2) the Trustees of medicare concluded in 1995 that ``the
Hospital Insurance Trust Fund, which pays inpatient hospital
expenses, will be able to pay benefits for only about 7 years
and is severely out of financial balance in the long range'';
(3) preliminary data made available to Congress indicate
that the Hospital Insurance Trust Fund will go bankrupt in
the year 2001, rather than the year 2002, as predicted last
year;
(4) the Public Trustees of medicare have concluded that
``the Supplementary Medical Insurance Trust Fund shows a rate
of growth of costs which is clearly unsustainable'';
(5) the Bipartisan Commission on Entitlement and Tax Reform
concluded that, absent long-term changes in medicare,
projected medicare outlays will increase from about 4 percent
of the payroll tax base today to over 15 percent of the
payroll tax base by the year 2030;
(6) the Bipartisan Commission on Entitlement and Tax Reform
recommended, by a vote of 30 to 1, that spending and revenues
available for medicare must be brought into long-term
balance; and
(7) in the most recent Trustees' report, the Public
Trustees of medicare ``strongly recommend that the crisis
presented by the financial condition of the medicare trust
funds be urgently addressed on a comprehensive basis,
including a review of the program's financing methods,
benefit provisions, and delivery mechanisms.''
(b) Sense of Congress.--It is the sense of Congress that in
order to meet the aggregates and levels in this budget
resolution--
(1) a special bipartisan commission should be established
immediately to make recommendations concerning the most
appropriate response to the short-term solvency and long-term
sustainability issues facing the medicare program which do
not include tax increases in any form, including transfers of
spending from the medicare Part A program to the Part B
program; and
(2) the commission should report to Congress its
recommendations prior to the adoption of a concurrent budget
resolution for fiscal year 1998 in order that the committees
of jurisdiction may consider these recommendations in
fashioning an appropriate congressional response.
SEC. 409. SENSE OF CONGRESS ON MEDICARE TRANSFERS.
(a) Findings.--Congress finds that--
(1) home health care provides a broad spectrum of health
and social services to approximately 3,500,000 medicare
beneficiaries in the comfort of their homes;
(2) the President has proposed reimbursing the first 100
home health care visits after a hospital stay through
medicare part A and reimbursing all other visits through
medicare part B, shifting responsibility for $55,000,000,000
of spending from the Hospital Insurance Trust Fund to the
general revenues that pay for medicare part B;
(3) such a transfer does nothing to control medicare
spending, and is merely a bookkeeping change which
artificially extends the solvency of the Hospital Insurance
Trust Fund;
(4) this transfer of funds camouflages the need to make
changes in the medicare program to ensure the long-term
solvency of the Hospital Insurance Trust Fund, which the
Congressional Budget Office now states will become bankrupt
in the year 2001, a year earlier than projected in the 1995
report by the Trustees of the Social Security and Medicare
Trust Funds;
(5) Congress will be breaking a commitment to the American
people if it does not act to ensure the solvency of the
entire medicare program in both the short- and long-term;
(6) the President's proposal would force those in need of
chronic care services to rely upon the availability of
general revenues to provide financing for these services,
making them more vulnerable to benefits changes than under
current law; and
[[Page 1347]]
(7) according to the National Association of Home Care,
shifting medicare home care payments from part A to part B
would deemphasize the importance of home care by eliminating
its status as part of the Hospital Insurance Trust Fund,
thereby undermining access to the less costly form of care.
(b) Sense of Congress.--It is the sense of Congress that in
meeting the spending targets specified in the budget
resolution, Congress should not accept the President's
proposal to transfer spending from one part of medicare to
another in its efforts to preserve, protect, and improve the
medicare program.
SEC. 410. SENSE OF CONGRESS REGARDING CHANGES IN THE MEDICARE
PROGRAM.
(a) Findings.--Congress finds that, in achieving the
spending levels specified in this resolution--
(1) the public trustees of medicare have concluded that
``the medicare program is clearly unsustainable in its
present form'';
(2) the President has said his goal is to keep the medicare
hospital insurance trust fund solvent for more than a decade,
but his budget transfers $55,000,000,000 of home health
spending from medicare part A to medicare part B;
(3) the transfer of home health spending threatens the
delivery of home health services to 3.5 million medicare
beneficiaries;
(4) such a transfer increases the burden on general
revenues, including income taxes paid by working Americans,
by $55,000,000,000;
(5) such a transfer artificially inflates the solvency of
the medicare hospital insurance trust fund, misleading
Congress, medicare beneficiaries, and working taxpayers;
(6) the Director of the Congressional Budget Office has
certified that, without such a transfer, the President's
budget extends the solvency of the hospital insurance trust
fund for only one additional year; and
(7) without misleading transfers, the President's budget
therefore fails to achieve his own stated goal for the
medicare hospital insurance trust fund.
(b) Sense of Congress.--It is the sense of Congress that,
in achieving the spending levels specified in this
resolution, Congress assumes that Congress would--
(1) keep the medicare hospital insurance trust fund solvent
for more than a decade, as recommended by the President; and
(2) accept the President's proposed level of medicare part
B savings over the period 1997 through 2002; but would
(3) reject the President's proposal to transfer home health
spending from one part of medicare to another, which
threatens the delivery of home health care services to 3.5
million medicare beneficiaries, artificially inflates the
solvency of the medicare hospital insurance trust fund, and
increases the burden on general revenues, including income
taxes paid by working Americans, by $55,000,000,000.
SEC. 411. SENSE OF CONGRESS REGARDING REVENUE ASSUMPTIONS.
(a) Findings.--Congress finds the following:
(1) Corporations and individuals have clear responsibility
to adhere to environmental laws. When they do not, and
environmental damage results, the Federal and State
governments may impose fines and penalties, and assess
polluters for the cost of remediation.
(2) Assessment of these costs is important in the
enforcement process. They appropriately penalize wrongdoing.
They discourage future environmental damage. They ensure that
taxpayers do not bear the financial brunt of cleaning up
after damages done by polluters.
(3) In the case of the Exxon Valdez oil spill disaster in
Prince William Sound, Alaska, for example, the corporate
settlement with the Federal Government totaled $900,000,000.
(b) Sense of Congress.--It is the sense of Congress that
assumptions in this resolution assume an appropriate amount
of revenues per year through legislation that will not allow
deductions for fines and penalties arising from a failure to
comply with Federal or State environmental or health
protection laws.
SEC. 412. SENSE OF CONGRESS REGARDING DOMESTIC VIOLENCE.
The assumptions underlying functional totals in this budget
resolution include:
(1) Findings.--The Senate finds that:
(A) Violence against women is the leading cause of physical
injury to women. The Department of Justice estimates that
over 1 million violent crimes against women are committed by
domestic partners annually.
(B) Domestic violence dramatically affects the victim's
ability to participate in the workforce. A University of
Minnesota survey reported that one-quarter of battered women
surveyed had lost a job partly because of being abused and
that over half of these women had been harassed by their
abuser at work.
(C) Domestic violence is often intensified as women seek to
gain economic independence through attending school or job
training programs. Batterers have been reported to prevent
women from attending such programs or sabotage their efforts
at self-improvement.
(D) Nationwide surveys of service providers prepared by the
Taylor Institute of Chicago, document, for the first time,
the interrelationship between domestic violence and welfare
by showing that between 50 percent and 80 percent of women in
welfare to work programs are current or past victims of
domestic violence.
(E) The American Psychological Association has reported
that violence against women is usually witnessed by their
children, who as a result can suffer severe psychological,
cognitive and physical damage and some studies have found
that children who witness violence in their homes have a
greater propensity to commit violent acts in their homes and
communities when they become adults.
(F) Over half of the women surveyed by the Taylor Institute
stayed with their batterers because they lacked the resources
to support themselves and their children. The surveys also
found that the availability of economic support is a critical
factor in women's ability to leave abusive situations that
threaten themselves and their children.
(G) Proposals to restructure the welfare programs may
impact the availability of the economic support and the
safety net necessary to enable poor women to flee abuse
without risking homelessness and starvation for their
families.
(2) Sense of Congress.--It is the sense of Congress that:
(A) No welfare reform provision should be enacted by
Congress unless and until Congress considers whether such
welfare reform provisions would exacerbate violence against
women and their children, further endanger women's lives,
make it more difficult for women to escape domestic violence,
or further punish women victimized by violence.
(B) Any welfare reform measure enacted by Congress should
require that any welfare to work, education, or job placement
programs implemented by the States address the impact of
domestic violence on welfare recipients.
SEC. 413. SENSE OF CONGRESS REGARDING STUDENT LOANS.
(a) Findings.--Congress finds that--
(1) over the last 60 years, education and advancements in
knowledge have accounted for 37 percent of our nation's
economic growth;
(2) a college degree significantly increases job stability,
resulting in an unemployment rate among college graduates
less than half that of those with high school diplomas;
(3) a person with a bachelor's degree will average 50-55
percent more in lifetime earnings than a person with a high
school diploma;
(4) education is a key to providing alternatives to crime
and violence, and is a cost-effective strategy for breaking
cycles of poverty and moving welfare recipients to work;
(5) a highly educated populace is necessary to the
effective functioning of democracy and to a growing economy,
and the opportunity to gain a college education helps advance
the American ideals of progress and social equality;
(6) a highly educated and flexible work force is an
essential component of economic growth and competitiveness;
(7) for many families, Federal Student Aid Programs make
the difference in the ability of students to attend college;
(8) in 1994, nearly 6 million postsecondary students
received some kind of financial assistance to help them pay
for the costs of schooling;
(9) since 1988, college costs have risen by 54 percent, and
student borrowing has increased by 219 percent;
(10) in fiscal year 1996, the Balanced Budget Act achieved
savings without reducing student loan limits or increasing
fees to students or parents; and
(11) under this budget resolution student loans will
increase from $26.6 billion today to $37.4 billion in 2002;
the Congressional Budget Office projects that these are the
exact same levels that would occur under President Clinton's
student loan policies.
(b) Sense of Congress.--It is the sense of Congress that
the aggregates and functional levels included in this budget
resolution assume that savings in student loans can be
achieved without any program change that would increase costs
to students and parents or decrease accessibility to student
loans.
SEC. 414. SENSE OF CONGRESS REGARDING ADDITIONAL CHARGES
UNDER THE MEDICARE PROGRAM.
(a) Findings.--Congress finds that--
(1) senior citizens must spend more than 1 dollar in 5 of
their limited incomes to purchase the health care they need;
(2) \2/3\ of spending under the medicare program under
title XVIII of the Social Security Act is for senior citizens
with annual incomes of less than $15,000;
(3) fee for service cost increases have forced higher out-
of-pocket costs for seniors; and
(4) the current medicare managed care experience has
demonstrated that medicare HMO enrollees face lower out-of-
pocket costs when they join HMO's in competitive markets;
also, over one half of these enrollees pay no medicare
premiums and receive extra benefits free of charge, such as
prescription drugs and eye glasses, due to competitive market
forces.
(b) Sense of Congress.--It is the sense of Congress that
any reconciliation bill considered during the second session
of the 104th Congress should maintain Medicare beneficiaries
right to remain in the current Medicare fee-for-service
program and also should maintain the existing prohibitions
against additional charges by providers under the Medicare
fee-for-service program under title XVIII of the Social
Security Act (``balance billing''), and that Medicare
beneficiaries should be offered the greatest opportunity
possible to choose private plans that will offer lower out-
of-pocket costs than what they currently pay in the Medicare
fee-for-
[[Page 1348]]
service program, and to choose a health care delivery option
that best meets their needs.
SEC. 415. SENSE OF CONGRESS REGARDING REQUIREMENTS THAT
WELFARE RECIPIENTS BE DRUG-FREE.
In recognition of the fact that American workers are
required to be drug-free in the workplace, it is the sense of
Congress that this concurrent resolution on the budget
assumes that the States may require welfare recipients to be
drug-free as a condition for receiving such benefits and that
random drug testing may be used to enforce such requirements.
SEC. 416. SENSE OF CONGRESS ON AN ACCURATE INDEX FOR
INFLATION.
(a) Findings.--Congress finds that--
(1) a significant portion of Federal expenditures and
revenues are indexed to measurements of inflation; and
(2) a variety of inflation indices exist which vary
according to the accuracy with which such indices measure
increases in the cost of living; and
(3) Federal Government usage of inflation indices which
overstate true inflation has the demonstrated effect of
accelerating Federal spending, increasing the Federal budget
deficit, increasing Federal borrowing, and thereby enlarging
the projected burden on future American taxpayers.
(b) Sense of Congress.--It is the sense of Congress that
the assumptions underlying this budget resolution include
that all Federal spending and revenues which are indexed for
inflation should be calibrated by the most accurate inflation
indices which are available to the Federal Government.
SEC. 417. SENSE OF CONGRESS THAT THE 1993 INCOME TAX INCREASE
ON SOCIAL SECURITY BENEFITS SHOULD BE REPEALED.
(a) Findings.--Congress finds that--
(1) the fiscal year 1994 budget proposal of President
Clinton to raise Federal income taxes on the Social Security
benefits of senior citizens with income as low as $25,000,
and those provisions of the fiscal year 1994 recommendations
of the Budget Resolution and the 1993 Omnibus Budget
Reconciliation Act in which the One Hundred Third Congress
voted to raise Federal income taxes on the Social Security
benefits of senior citizens with income as low as $34,000
should be repealed;
(2) President Clinton has stated that he believes he raised
Federal taxes too much in 1993; and
(3) the budget resolution should react to President
Clinton's fiscal year 1997 budget which documents the fact
that in the history of the United States, the total tax
burden has never been greater than it is today.
(b) Sense of Congress.--It is the sense of Congress that
the assumptions underlying this resolution include--
(1) that raising Federal income taxes in 1993 on the Social
Security benefits of middle-class individuals with income as
low as $34,000 was a mistake;
(2) that the Federal income tax hike on Social Security
benefits imposed in 1993 by the One Hundred Third Congress
and signed into law by President Clinton should be repealed;
and
(3) President Clinton should work with Congress to repeal
the 1993 Federal income tax hike on Social Security benefits
in a manner that would not adversely affect the Social
Security Trust Fund or the Medicare Part A Trust Fund, and
should ensure that such repeal is coupled with offsetting
reductions in Federal spending.
SEC. 418. SENSE OF CONGRESS REGARDING THE ADMINISTRATION'S
PRACTICE REGARDING THE PROSECUTION OF DRUG
SMUGGLERS.
(a) Findings.--Congress finds that--
(1) drug use is devastating to the Nation, particularly
among juveniles, and has led juveniles to become involved in
interstate gangs and to participate in violent crime;
(2) drug use has experienced a dramatic resurgence among
our youth;
(3) the number of youths aged 12-17 using marijuana has
increased from 1.6 million in 1992 to 2.9 million in 1994,
and the category of ``recent marijuana use'' increased a
staggering 200 percent among 14- to 15-year-olds over the
same period;
(4) since 1992, there has been a 52 percent jump in the
number of high school seniors using drugs on a monthly basis,
even as worrisome declines are noted in peer disapproval of
drug use;
(5) 1 in 3 high school students uses marijuana;
(6) 12- to 17-year-olds who use marijuana are 85 percent
more likely to graduate to cocaine than those who abstain
from marijuana;
(7) juveniles who reach 21 without ever having used drugs
almost never try them later in life;
(8) the latest results from the Drug Abuse Warning Network
show that marijuana-related episodes jumped 39 percent and
are running at 155 percent above the 1990 level, and that
methamphetamine cases have risen 256 percent over the 1991
level;
(9) between February 1993 and February 1995 the retail
price of a gram of cocaine fell from $172 to $137, and that
of a gram of heroin also fell from $2,032 to $1,278;
(10) it has been reported that the Department of Justice,
through the United States Attorney for the Southern District
of California, has adopted a policy of allowing certain
foreign drug smugglers to avoid prosecution altogether by
being released to Mexico;
(11) it has been reported that in the past year
approximately 2,300 suspected narcotics traffickers were
taken into custody for bringing illegal drugs across the
border, but approximately one in four were returned to their
country of origin without being prosecuted;
(12) it has been reported that the United States Customs
Service is operating under guidelines limiting any
prosecution in marijuana cases to cases involving 125 pounds
of marijuana or more;
(13) it has been reported that suspects possessing as much
as 32 pounds of methamphetamine and 37,000 Quaalude tablets
were not prosecuted but were, instead, allowed to return to
their countries of origin after their drugs and vehicles were
confiscated;
(14) it has been reported that after a seizure of 158
pounds of cocaine, one defendant was cited and released
because there was no room at the Federal jail and charges
against her were dropped;
(15) it has been reported that some smugglers have been
caught two or more times--even in the same week--yet still
were not prosecuted;
(16) the number of defendants prosecuted for violations of
the Federal drug laws has dropped from 25,033 in 1992 to
22,926 in 1995;
(17) this Congress has increased the funding of the Federal
Bureau of Prisons by 11.7 percent over the 1995
appropriations level; and
(18) this Congress has increased the funding of the
Immigration and Naturalization Service by 23.5 percent over
the 1995 appropriations level.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the function totals and aggregates underlying this
resolution assume that the Attorney General should promptly
investigate this matter and report, within 30 days, to the
Chair of the Senate and House Committees on the Judiciary;
and
(2) the Attorney General should ensure that cases involving
the smuggling of drugs into the United States are vigorously
prosecuted.
SEC. 419. SENSE OF CONGRESS ON CORPORATE SUBSIDIES.
It is the sense of Congress that the functional levels and
aggregates in this budget resolution assume that--
(1) the Federal budget contains tens of billions of dollars
in payments, benefits and programs that primarily assist
profit-making enterprises and industries rather than provide
a clear and compelling public interest;
(2) corporate subsidies can provide unfair competitive
advantages to certain industries and industry segments;
(3) at a time when millions of Americans are being asked to
sacrifice in order to balance the budget, the corporate
sector should bear its share of the burden; and
(4) Federal payments, benefits, and programs which
predominantly benefit a particular industry or segment of an
industry, rather than provide a clear and compelling public
benefit, should be reformed or terminated in order to provide
additional tax relief, deficit reduction, or to achieve the
savings necessary to meet this resolution's instructions and
levels.
SEC. 420. SENSE OF CONGRESS REGARDING WELFARE REFORM.
(a) Congress finds that--
(1) this resolution assumes substantial savings from
welfare reform; and
(2) children born out of wedlock are five times more likely
to be poor and about ten times more likely to be extremely
poor and therefore are more likely to receive welfare
benefits than children from two parent families; and
(3) high rates of out-of-wedlock births are associated with
a host of other social pathologies; for example, children of
single mothers are twice as likely to drop out of high
school; boys whose fathers are absent are more likely to
engage in criminal activities; and girls in single-parent
families are three times more likely to have children out of
wedlock themselves.
(b) It is the sense of Congress that any comprehensive
legislation sent to the President that balances the budget by
a certain date and that includes welfare reform provisions
and that is agreed to by Congress and the President shall
also contain to the maximum extent possible a strategy for
reducing the rate of out-of-wedlock births and encouraging
family formation.
SEC. 421. SENSE OF CONGRESS ON FCC SPECTRUM AUCTIONS.
It is the sense of Congress that--
(1) the Congressional Budget Office has scored revenue
expected to be raised from the auction of Federal
Communications Commission licenses for various services;
(2) for budget scoring purposes, Congress has assumed that
such auctions would occur in a prompt and expeditious manner
and that revenue raised by such auctions would flow to the
Federal treasury;
(3) this resolution assumes that the revenue to be raised
from auctions totals billions of dollars;
(4) this resolution makes assumptions that services would
be auctioned where the Federal Communications Commission has
not yet conducted auctions for such services, such as Local
Multipoint Distribution Service (LMDS), licenses for paging
services, final broadband PCS licenses, narrow band PCS
licenses, licenses for unserved cellular, and Digital Audio
Radio (DARS), and other subscription services, revenue from
which has been assumed in Congressional budgetary
calculations and in determining the level of the deficit; and
(5) the Commission's service rules can dramatically affect
license values and auction
[[Page 1349]]
revenues and therefore the Commission should act
expeditiously and without further delay to conduct auctions
of licenses in a manner that maximizes revenue, increases
efficiency, and enhances competition.
SEC. 422. SENSE OF THE HOUSE ON EMERGENCIES.
(a) Findings.--The House of Representatives finds that:
(1) The Budget Enforcement Act of 1990 exempted from the
discretionary spending limits and the Pay-As-You-Go
requirements for entitlement and tax legislation funding
requirements that are designated by Congress and the
President as an emergency.
(2) Congress and the President have increasingly misused
the emergency designation by--
(A) designating as emergencies funding requirements that
are predictable and do not pose a threat to life, property,
or national security,
(B) designating emergencies with the sole purpose of
circumventing statutory and congressional spending
limitations, and
(C) adding to emergency legislation controversial items
that would not otherwise withstand public scrutiny.
(b) Sense of the House.--It is the sense of the House of
Representatives that in order to balance the Federal budget
Congress should consider alternative approaches to budgeting
for emergencies, including codifying the definition of an
emergency, establishing contingency funds to pay for
emergencies, and fully offsetting the costs of emergencies
with rescissions of spending authority that would have been
obligated but for the rescission.
SEC. 423. SENSE OF THE SENATE ON FUNDING TO ASSIST YOUTH AT
RISK.
(a) Findings.--The Senate finds that--
(1) there is an increasing prevalence of violence and drug
use among this country's youth;
(2) in recognizing the magnitude of this problem, the
Federal Government must continue to maximize efforts in
addressing the increasing prevalence of violence and drug use
among this country's youth, with necessary adherence to
budget guidelines and proven program effectiveness;
(3) the Federal Bureau of Investigation reports that
between 1985 and 1994, juvenile arrests for violent crime
increased by 75 percent nationwide;
(4) the United States Attorney General reports that 20
years ago, fewer than half our cities reported gang activity
and now, a generation later, reasonable estimates indicate
that there are more than 500,000 gang members in more than
16,000 gangs on the streets of our cities resulting in more
than 580,000 gang-related crimes in 1993;
(5) the Justice Department's Office of Juvenile Justice and
Delinquency Prevention reports that in 1994, law enforcement
agencies made over 2,700,000 arrests of persons under age 18,
with juveniles accounting for 19 percent of all violent crime
arrests across the country;
(6) the Congressional Task Force on National Drug Policy
recently set forth a series of recommendations for
strengthening the criminal justice and law enforcement
effort, including domestic prevention efforts reinforcing the
idea that prevention begins at home;
(7) the Office of National Drug Control Policy reports that
between 1991 and 1995, marijuana use among 8th, 10th, and
12th graders has increased and is continuing to spiral
upward; and
(8) the Center for Substance Abuse Prevention reports that
in 1993, substance abuse played a role in over 70 percent of
rapes, over 60 percent of incidents of child abuse, and
almost 60 percent of murders nationwide.
(b) Sense of the Senate.--It is the sense of the Senate
that the function totals and aggregates underlying this
concurrent resolution on the budget assume that--
(1) sufficient funding should be provided to programs of
proven program effectiveness which assist youth at risk to
reduce illegal drug use and the incidence of youth crime and
violence;
(2) priority should be given to determine ``what works''
through scientifically recognized, independent evaluations of
existing programs to maximize the Federal investment and
efforts should be made to reform those programs of no proven
benefit;
(3) efforts should be made to ensure coordination and
eliminate duplication among federally supported at-risk youth
programs; and
(4) special efforts should be made to increase successful
interdiction of the flow of illegal drugs into the United
States and into communities nationwide.
SEC. 424. SENSE OF THE SENATE ON LONG-TERM TRENDS IN BUDGET
ESTIMATES.
It is the sense of the Senate that--
(1) the report accompanying a concurrent resolution on the
budget should include an analysis, prepared after
consultation with the Director of the Congressional Budget
Office, of the concurrent resolution's impact on likely
budgetary trends during the next 30 fiscal years; and
(2) the President should include in his budget each year,
an analysis of the budget's impact on revenues and outlays
for entitlements for the period of 30 fiscal years, and that
the President should also include likely budgetary trends
during the next 30 fiscal years, and that the President
should also include generational accounting information each
year in the President's budget.
SEC. 425. SENSE OF THE SENATE ON REPEAL OF THE GAS TAX.
(a) Findings.--The Senate finds that--
(1) the President originally proposed a $72,000,000,000
energy excise tax (the so-called BTU tax) as part of the
Omnibus Budget Reconciliation Act of 1993 (OBRA 93) which
included a new tax on transportation fuels;
(2) in response to opposition in the Senate to the BTU tax,
the President and Congress adopted instead a new 4.3 cents
per gallon transportation fuels tax as part of OBRA 93, which
represented a 30 percent increase in the existing motor fuels
tax;
(3) the OBRA 93 transportation fuels tax has cost American
motorists an estimated $14,000,000,000 to $15,000,000,000
since it went into effect on October 1, 1993;
(4) the OBRA 93 transportation fuels tax is regressive,
creating a larger financial impact on lower and middle income
motorists than on upper income motorists;
(5) the OBRA 93 transportation fuels tax imposes a
disproportionate burden on rural citizens who do not have
access to public transportation services, and who must rely
on their automobiles and drive long distances, to work, to
shop, and to receive medical care;
(6) the average American faces a substantial tax burden,
and the increase of this tax burden through the OBRA 93
transportation fuels tax represented and continues to
represent an inappropriate and unwarranted means of reducing
the Nation's budget deficit;
(7) retail gasoline prices in the United States have
increased an average of 19 cents per gallon since the
beginning of the year to the highest level since the Persian
Gulf War, and the OBRA 93 transportation fuels tax
exacerbates the impact of this price increase on consumers;
(8) continuation of the OBRA 93 transportation fuels tax
will exacerbate the impact on consumers of any future
gasoline price spikes that result from market conditions; and
(9) the fiscal year 1997 budget resolution will assume a
net tax cut totaling $122,000,000,000 over six years, which
exceeds the revenue impact of a repeal of the OBRA 93
transportation fuels tax, and will establish a reserve fund
which may be used to provide other forms of tax relief,
including relief from the OBRA 93 transportation fuels tax,
on a deficit neutral basis.
(b) Sense of the Senate.--It is the sense of the Senate
that the revenue levels and procedures in this resolution
provide that--
(1) Congress and the President should immediately approve
legislation to repeal the 4.3 cents per gallon transportation
fuels tax contained in the Omnibus Budget Reconciliation Act
of 1993 through the end of 1996;
(2) Congress and the President should approve, through the
fiscal year 1997 budget process, legislation to permanently
repeal the 4.3 cents per gallon transportation fuels tax
contained in the Omnibus Budget Reconciliation Act of 1993;
and
(3) the savings generated by the repeal of the 4.3 cents
per gallon transportation fuels tax contained in OBRA 93
should be fully passed on to consumers.
SEC. 426. SENSE OF THE SENATE REGARDING THE USE OF BUDGETARY
SAVINGS.
(a) Findings.--The Senate finds that--
(1) in August of 1994, the Bipartisan Commission on
Entitlement and Tax Reform issued an Interim Report to the
President, which found that, ``To ensure that today's debt
and spending commitments do not unfairly burden America's
children, the Government must act now. A bipartisan coalition
of Congress, led by the President, must resolve the long-term
imbalance between the Government's entitlement promises and
the funds it will have available to pay for them'';
(2) unless Congress and the President act together in a
bipartisan way, overall Federal spending is projected by the
Commission to rise from the current level of slightly over 22
percent of the Gross Domestic Product of the United States
(hereafter in this section referred as ``GDP'') to over 37
percent of GDP by the year 2030;
(3) the source of that growth is not domestic discretionary
spending, which is approximately the same portion of GDP now
as it was in 1969, the last time at which the Federal budget
was in balance;
(4) mandatory spending was only 29.6 percent of the Federal
budget in 1963, but is estimated to account for 72 percent of
the Federal budget in the year 2003;
(5) social security, medicare and medicaid, together with
interest on the national debt, are the largest sources of the
growth of mandatory spending;
(6) ensuring the long-term future of the social security
system is essential to protecting the retirement security of
the American people;
(7) the Social Security Trust Fund is projected to begin
spending more than it takes in by approximately the year
2013, with Federal budget deficits rising rapidly thereafter
unless appropriate policy changes are made;
(8) ensuring the future of medicare and medicaid is
essential to protecting access to high-quality health care
for senior citizens and poor women and children;
(9) Federal health care expenses have been rising at double
digit rates, and are projected to triple to 11 percent of GDP
by the year 2030 unless appropriate policy changes are made;
and
(10) due to demographic factors, Federal health care
expenses are projected to double by the year 2030, even if
health care cost inflation is restrained after 1999, so that
costs for each person of a given age grow no faster than the
economy.
(b) Sense of the Senate.--It is the sense of the Senate
that budget savings in the mandatory spending area should be
used--
(1) to protect and enhance the retirement security of the
American people by ensuring
[[Page 1350]]
the long-term future of the social security system;
(2) to protect and enhance the health care security of
senior citizens and poor Americans by ensuring the long-term
future of Medicare and Medicaid; and
(3) to restore and maintain Federal budget discipline, to
ensure that the level of private investment necessary for
long-term economic growth and prosperity is available.
SEC. 427. SENSE OF THE SENATE REGARDING THE TRANSFER OF
EXCESS GOVERNMENT COMPUTERS TO PUBLIC SCHOOLS.
(a) Assumptions.--The figures contained in this resolution
are based on the following assumptions:
(1) America's children must obtain the necessary skills and
tools needed to succeed in the technologically advanced 21st
century;
(2) Executive Order 12999 outlines the need to make modern
computer technology an integral part of every classroom,
provide teachers with the professional development they need
to use new technologies effectively, connect classrooms to
the National Information Infrastructure, and encourage the
creation of excellent education software;
(3) many private corporations have donated educational
software to schools, which are lacking the necessary computer
hardware to utilize this equipment;
(4) current inventories of excess Federal Government
computers are being conducted in each Federal agency; and
(5) there is no current communication being made between
Federal agencies with this excess equipment and the schools
in need of these computers.
(b) Sense of the Senate.--It is the sense of the Senate
that the functional totals and aggregates in this budget
resolution assume that the General Services Administration
should place a high priority on facilitating direct transfer
of excess Federal Government computers to public schools and
community-based educational organizations.
SEC. 428. SENSE OF THE SENATE ON FEDERAL RETREATS.
It is the sense of the Senate that the assumptions
underlying the function totals and aggregates in this
resolution assume that all Federal agencies will refrain from
using Federal funds for expenses incurred during training
sessions or retreats off Federal property, unless Federal
property is not available.
SEC. 429. SENSE OF THE SENATE REGARDING THE ESSENTIAL AIR
SERVICE PROGRAM OF THE DEPARTMENT OF
TRANSPORTATION.
(a) Findings.--The Senate finds that--
(1) the essential air service program of the Department of
Transportation under subchapter II of chapter 417 of title
49, United States Code--
(A) provides essential airline access to isolated rural
communities across the United States;
(B) is necessary for the economic growth and development of
rural communities;
(C) connects small rural communities to the national air
transportation system of the United States;
(D) is a critical component of the national transportation
system of the United States; and
(E) provides air service to 108 communities in 30 States;
and
(2) the National Commission to Ensure a Strong Competitive
Airline Industry established under section 204 of the Airport
and Airway Safety, Capacity, Noise Improvement, and
Intermodal Transportation Act of 1992 recommended maintaining
the essential air service program with a sufficient level of
funding to continue to provide air service to small
communities.
(b) Sense of the Senate.--It is the sense of the Senate
that the essential air service program of the Department of
Transportation under subchapter II of chapter 417 of title
49, United States Code, should receive a sufficient level of
funding to continue to provide air service to small rural
communities that qualify for assistance under the program.
SEC. 430. SENSE OF THE SENATE REGARDING EQUAL RETIREMENT
SAVINGS FOR HOMEMAKERS.
(a) Findings.--The Senate finds that the assumptions of
this budget resolution take into account that--
(1) by teaching and feeding our children and caring for our
elderly, American homemakers are an important, vital part of
our society;
(2) homemakers retirement needs are the same as all
Americans, and thus they need every opportunity to save and
invest for retirement;
(3) because they are living on a single income, homemakers
and their spouses often have less income for savings;
(4) individual retirement accounts are provided by Congress
in the Internal Revenue Code to assist Americans for
retirement savings;
(5) currently, individual retirement accounts permit
workers other than homemakers to make deductible
contributions of $2,000 a year, but limit homemakers to
deductible contributions of $250 a year;
(6) limiting homemakers individual retirement account
contributions to an amount less than the contributions of
other workers discriminates against homemakers.
(b) Sense of the Senate.--It is the sense of the Senate
that the revenue level assumed in this budget resolution
provides for legislation to make individual retirement
account deductible contribution limits for homemakers equal
to the individual retirement account deductible contribution
limits for all other American workers, and that Congress and
the President should immediately approve such legislation in
the appropriate reconciliation vehicle.
SEC. 431. SENSE OF THE SENATE ON THE NATIONAL INSTITUTES OF
HEALTH FUNDING FOR ANTI-ADDICTION DRUGS.
It is the sense of the Senate that amounts appropriated for
the National Institutes of Health should provide funding for
additional research on an anti-addiction drug to block the
craving for illicit addictive substances.
SEC. 432. SENSE OF THE SENATE REGARDING THE EXTENSION OF THE
EMPLOYER EDUCATION ASSISTANCE EXCLUSION UNDER
SECTION 127 OF THE INTERNAL REVENUE CODE OF
1986.
(a) Findings.--The Senate finds that--
(1) since 1978, over 7,000,000 American workers have
benefited from the employer education assistance exclusion
under section 127 of the Internal Revenue Code of 1986 by
being able to improve their education and acquire new skills
without having to pay taxes on the benefit;
(2) American companies have benefited by improving the
education and skills of their employees who in turn can
contribute more to their company;
(3) the American economy becomes more globally competitive
because an educated workforce is able to produce more and to
adapt more rapidly to changing technologies;
(4) American companies are experiencing unprecedented
global competition and the value and necessity of life-long
education for their employees has increased;
(5) the employer education assistance exclusion was first
enacted in 1978;
(6) the exclusion has been extended 7 previous times;
(7) the last extension expired December 31, 1994; and
(8) the exclusion has received broad bipartisan support.
(b) Sense of the Senate.--It is the sense of the Senate
that the revenue level assumed in the Budget Resolution
accommodate an extension of the employer education assistance
exclusion under section 127 of the Internal Revenue Code of
1986 from January 1, 1995, through December 31, 1996.
SEC. 433. SENSE OF THE SENATE REGARDING THE ECONOMIC
DEVELOPMENT ADMINISTRATION PLACING HIGH
PRIORITY ON MAINTAINING FIELD-BASED ECONOMIC
DEVELOPMENT REPRESENTATIVES.
(a) Findings.--The Senate makes the following findings:
(1) The Economic Development Administration plays a crucial
role in helping economically disadvantaged regions of the
United States develop infrastructure that supports and
promotes greater economic activity and growth, particularly
in nonurban regions.
(2) The Economic Development Administration helps to
promote industrial park development, business incubators,
water and sewer system improvements, vocational and technical
training facilities, tourism development strategies,
technical assistance and capacity building for local
governments, economic adjustment strategies, revolving loan
funds, and other projects which the private sector has not
generated or will not generate without some assistance from
the Government through the Economic Development
Administration.
(3) The Economic Development Administration maintains 6
regional offices which oversee staff that are designated
field-based representatives of the Economic Development
Administration, and these field-based representatives provide
valuable expertise and counseling on economic planning and
development to nonurban communities.
(4) The Economic Development Administration Regional
Centers are located in the urban areas of Austin, Seattle,
Denver, Atlanta, Philadelphia, and Chicago.
(5) Because of a 37-percent reduction in approved funding
for salaries and expenses from fiscal year 1995, the Economic
Development Administration has initiated staff reductions
requiring the elimination of 8 field-based positions. The
field-based economic development representative positions
that are either being eliminated or not replaced after
voluntary retirement and which currently interact with
nonurban communities on economic development efforts cover
the States of New Mexico, Arizona, Nevada, North Dakota,
Oklahoma, Illinois, Indiana, Maine, Connecticut, Rhode
Island, and North Carolina.
(6) These staff cutbacks will adversely affect States with
very low per-capita personal income, including New Mexico
which ranks 47th in the Nation in per-capita personal income,
Oklahoma ranking 46th, North Dakota ranking 42nd, Arizona
ranking 35th, Maine ranking 34th, and North Carolina ranking
33rd.
(b) Sense of the Senate.--It is the sense of the Senate
that the functional totals and aggregates underlying this
budget resolution assume that--
(1) it is regrettable that the Economic Development
Administration has elected to reduce field-based economic
development representatives who are fulfilling the Economic
Development Administration's mission of interacting with and
counseling nonurban communities in economically disadvantaged
regions of the United States;
(2) the Economic Development Administration should take all
necessary and appropriate actions to ensure that field-based
economic development representation receives high priority;
and
(3) the Economic Development Administration should
reconsider the planned termi
[[Page 1351]]
nation of field-based economic development representatives
responsible for States that are economically disadvantaged,
and that this reconsideration take place without delay.
SEC. 434. SENSE OF THE SENATE ON LIHEAP.
(a) Findings--The Senate finds that:
(1) Home energy assistance for working and low-income
families with children, the elderly on fixed incomes, the
disabled, and others who need such aid is a critical part of
the social safety net in cold-weather areas during the
winter, and a source of necessary cooling aid during the
summer;
(2) LIHEAP is a highly targeted, cost-effective way to help
millions of low-income Americans pay their home energy bills.
More than two-thirds of LIHEAP-eligible households have
annual incomes of less than $8,000, more than one-half have
annual incomes below $6,000; and
(3) LIHEAP funding has been substantially reduced in recent
years, and cannot sustain further spending cuts if the
program is to remain a viable means of meeting the home
heating and other energy-related needs of low-income
families, especially those in cold-weather States.
(b) Sense of the Senate.--The assumptions underlying this
budget resolution assume that it is the sense of the Senate
that the funds made available for LIHEAP for fiscal year 1997
will be not less than the actual expenditures made for LIHEAP
in fiscal year 1996.
SEC. 435. SENSE OF THE SENATE ON DAVIS-BACON.
Notwithstanding any provision of this resolution, it is the
sense of the Senate that the provisions in this resolution do
not assume the repeal but rather reform of the Davis-Bacon
Act.
SEC. 436. SENSE OF THE SENATE ON REIMBURSEMENT OF THE UNITED
STATES FOR OPERATIONS SOUTHERN WATCH AND
PROVIDE COMFORT.
(a) Findings.--The Senate finds that--
(1) as of May 1996, the United States has spent
$2,937,000,000 of United States taxpayer funds since the
conclusion of the Gulf War in 1991 for the singular purpose
of protecting the Kurdish and Shiite population from Iraqi
aggression;
(2) the President's defense budget request for 1997
includes an additional $590,100,000 for Operations Southern
Watch and Provide Comfort, both of which are designed to
restrict Iraqi military aggression against the Kurdish and
Shiite people of Iraq;
(3) costs for these military operations constitute part of
the continued budget deficit of the United States; and
(4) United Nations Security Council Resolution 986 (1995)
(referred to as ``SCR 986'') would allow Iraq to sell up to
$1,000,000,000 in petroleum and petroleum products every 90
days, for an initial period of 180 days.
(b) Sense of the Senate.--It is the sense of the Senate
that the assumptions underlying the function totals and
aggregates in this resolution assume that--
(1) the President should instruct the United States
Permanent Representative to the United Nations to ensure any
subsequent extension of authority beyond the 180 days
originally provided by SCR 986 specifically mandates and
authorizes the reimbursement of the United States for costs
associated with Operations Southern Watch and Provide Comfort
out of revenues generated by any sale of petroleum or
petroleum-related products originating from Iraq;
(2) in the event that the United States Permanent
Representative to the United Nations fails to modify the
terms of any subsequent resolution extending the authority
granted by SCR 986 as called for in paragraph (1), the
President should reject any United Nations' action or
resolution seeking to extend the terms of the oil sale beyond
the 180 days authorized by SCR 986;
(3) the President should take the necessary steps to ensure
that--
(A) any effort by the United Nations to temporarily lift
the trade embargo for humanitarian purposes, specifically the
sale of petroleum or petroleum products, restricts all
revenues from such sale from being diverted to benefit the
Iraqi military; and
(B) the temporary lifting of the trade embargo does not
encourage other countries to take steps to begin promoting
commercial relations with the Iraqi military in expectation
that sanctions will be permanently lifted; and
(4) revenues reimbursed to the United States from the oil
sale authorized by SCR 986, or any subsequent action or
resolution, should be used to reduce the Federal budget
deficit.
SEC. 437. SENSE OF THE SENATE ON SOLVENCY OF THE MEDICARE
TRUST FUND.
(a) Findings.--The Senate finds that repeal of certain
provisions from the Omnibus Budget Reconciliation Act of 1993
would move the insolvency date of the HI (Medicare) Trust
Fund forward by a full year.
(b) Sense of the Senate.--It is the sense of the Senate
that no provisions in this budget resolution should worsen
the solvency of the Medicare Trust Fund.
SEC. 438. SENSE OF THE SENATE ON THE PRESIDENTIAL ELECTION
CAMPAIGN FUND.
It is the sense of the Senate that the assumptions
underlying the functional totals in this resolution assume
that when the Finance Committee meets its outlay and revenue
obligations under this resolution the committee should not
make any changes in the Presidential Election Campaign Fund
or its funding mechanism and should meet its revenue and
outlay targets through other programs within its
jurisdiction.
SEC. 439. SENSE OF THE SENATE REGARDING THE FUNDING OF
AMTRAK.
(a) Findings.--The Senate finds that--
(1) a capital funding stream is essential to the ability of
the National Rail Passenger Corporation (``Amtrak'') to
reduce its dependence on Federal operating support; and
(2) Amtrak needs a secure source of financing, no less
favorable than provided to other modes of transportation, for
capital improvements.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) revenues attributable to one-half cent per gallon of
the excise taxes imposed on gasoline, special motor fuel, and
diesel fuel from the Mass Transit Account should be dedicated
to a new Intercity Passenger Rail Trust Fund during the
period January 1, 1997, through September 30, 2001;
(2) revenues would not be deposited in the Intercity
Passenger Rail Trust Fund during any fiscal year to the
extent that the deposit is estimated to result in available
revenues in the Mass Transit Account being insufficient to
satisfy that year's estimated appropriation levels;
(3) monies in the Intercity Passenger Rail Trust Fund
should be generally available to fund, on a reimbursement
basis, capital expenditures incurred by Amtrak;
(4) amounts to fund capital expenditures related to rail
operations should be set aside for each State that has not
had Amtrak service in such State for the preceding year; and
(5) funding provided by the Intercity Passenger Rail Trust
Fund shall be made available subject to appropriations and
shall not increase mandatory spending.
And the Senate agree to the same.
From the Committee on the Budget, for consideration of the
House concurrent resolution and the Senate amendment, and
modifications committed to conference:
John Kasich,
Dave Hobson,
Bob Walker,
Jim Kolbe,
Christopher Shays,
Wally Herger,
Managers on the Part of the House.
Pete V. Domenici,
Chuck Grassley,
Don Nickles,
Phil Gramm,
Christopher S. Bond,
Slade Gorton,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced that
pursuant to clause 7 of rule XV the yeas and nays were ordered, and the
call was taken by electronic device.
It was decided in the
Yeas
216
<3-line {>
affirmative
Nays
211
para.73.26 [Roll No. 236]
YEAS--216
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Castle
Chambliss
Chrysler
Clinger
Coble
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Houghton
Hunter
Hutchinson
Hyde
Inglis
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
[[Page 1352]]
Roukema
Royce
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--211
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Barton
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chabot
Chapman
Chenoweth
Christensen
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hostettler
Hoyer
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Largent
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Myrick
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Serrano
Shadegg
Sisisky
Skaggs
Skelton
Slaughter
Souder
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--8
Calvert
Frelinghuysen
Gillmor
Hayes
Lincoln
Manton
McDade
Wilson
So the conference report was agreed to.
Ordered, That the Clerk notify the Senate thereof.
para.73.27 message from the president--national endowment for the arts
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
It is my pleasure to transmit herewith the Annual Report of the
National Endowment for the Arts for the fiscal year 1995.
On September 29, 1995, at the close of the fiscal year, the Arts
Endowment celebrated its 30th anniversary. A young man or woman born at
the same time as this Federal agency's establishment has enjoyed access
to the arts and culture unparalleled in the history of the country. The
National Endowment for the Arts has helped bring tens of thousands of
artists into schools, teaching tens of millions of students about the
power of the creative imagination. This small Federal agency has helped
launch a national cultural network that has grown in size and quality
these past 30 years.
This Annual Report is another chapter in a great success story. In
these pages, you will find projects that bring the arts to people in
every State and in thousands of communities from Putney, Vermont, to
Mammoth Lakes, California. The difference art makes in our lives is
profound; we see more clearly, listen more intently, and respond to our
fellow man with deeper understanding and empathy.
In these challenging times, when some question the value of public
support for the arts, we should reflect upon our obligation to the
common good. The arts are not a luxury, but a vital part of our national
character and our individual human spirit. The poet Langston Hughes
said, ``Bring me all of your dreams, you dreamers. Bring all of your
heart melodies . . .'' For 30 years, the Arts Endowment has helped keep
those dreams alive for our artists and our audiences. May it long
continue to do so.
William J. Clinton.
The White House, June 12, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Economic and Educational
Opportunities.
para.73.28 providing for the consideration of h.r. 2754
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 448):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2754) to approve and implement the OECD
Shipbuilding Trade Agreement. The first reading of the bill
shall be dispensed with. All points of order against
consideration of the bill are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided among and controlled by the chairmen and ranking
minority members of the Committee on Ways and Means and the
Committee on National Security. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Committee on
Ways and Means now printed in the bill, modified by the
amendment printed in part 1 of the report of the Committee in
the nature of a substitute shall be considered as read. All
points of order against that amendment in the nature of a
substitute are waived. No other amendment shall be in order
except the amendment printed in part 2 of the report of the
Committee on Rules. That amendment may be offered only by a
Member designated in the report, shall be considered as read,
shall be debatable for one hour equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against that amendment are
waived. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. DREIER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.73.29 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. EMERSON, for today until 3 p.m.;
To Mr. MARTINI, for today until 2 p.m.;
To Mr. BASS, for today until 2:30 p.m.; and
To Mr. INGLIS, for today until 5 p.m.
And then,
para.73.30 adjournment
On motion of Mr. ROHRABACHER, at 11 o'clock and 59 minutes p.m., the
House adjourned.
para.73.31 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. McCOLLUM: Committee on the Judiciary. H.R. 2803. A bill
to amend the anti-car theft provisions of title 49, United
States Code, to increase the utility of motor vehicle title
information to State and Federal law enforcement officials,
and for other purposes (Rept. No. 104-618). Referred to the
Committee of the Whole House on the State of the Union.
[[Page 1353]]
Mr. SOLOMON: Committee on Rules. House Resolution 453.
Resolution providing for consideration of the bill (H.R.
3610) making appropriations for the Department of Defense for
the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-619). Referred to the House Calendar.
para.73.32 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. DUNCAN:
H.R. 3617. A bill to amend the National Highway System
Designation Act of 1995 relating to metric highway signing
requirements; to the Committee on Transportation and
Infrastructure.
By Mr. RUSH (for himself, Mr. Poshard, Mr. Towns, Mr.
Visclosky, Mrs. Collins of Illinois, Ms. Furse, Mr.
Matsui, Ms. Pelosi, Mr. Condit, Mr. Dixon, Mr.
Bonior, Mr. LaHood, Mr. Thompson, Mr. Clyburn, Mrs.
Meek of Florida, Mr. Gutierrez, Mr. Roemer, and Ms.
Eshoo):
H.R. 3618. A bill to amend title 49, United States Code, to
prohibit the transportation of chemical oxygen generators as
cargo on any aircraft carrying passengers or cargo in air
commerce, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. CAMPBELL:
H.R. 3619. A bill to provide off-budget treatment for the
land and water conservation fund; to the Committee on
Resources, and in addition to the Committees on the Budget,
and Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GOSS:
H.R. 3620. A bill to amend the act of October 11, 1974
(Public Law 93-440; 88 Stat. 1257), to provide for the
continued operation of certain tour businesses in recently
acquired areas of Big Cypress National Preserve; to the
Committee on Resources.
By Mr. ENGEL (for himself, Mr. King, Mr. Manton, Mr.
Walsh, Mr. Neal of Massachusetts, Mr. Lazio of New
York, Mr. Torricelli, Mrs. Roukema, and Mrs. Lowey):
H.R. 3621. A bill to amend the Anglo-Irish Agreement
Support Act of 1986 to require that disbursements from the
International Fund for Ireland are distributed in accordance
with the MacBride principles of economic justice, and for
other purposes; to the Committee on International Relations.
By Mr. CHRYSLER (for himself, Mr. Camp, Mr. Bunn of
Oregon, Mr. Heineman, Mr. Jones, Mr. Bono, Mr. Riggs,
Mr. McCollum, Mr. Bartlett of Maryland, Mr.
Gutknecht, Mr. Ehlers, Mr. Gingrich, Mr. Bilbray, Mr.
Rogers, Mr. Kolbe, Mr. Laughlin, Mr. Tauzin, Mr.
Whitfield, Mrs. Johnson of Connecticut, Mr. Upton,
and Mr. Hastert):
H.R. 3622. A bill to provide for the substitution of the
term ``standard trade relations'' in lieu of
``nondiscriminatory treatment'' and ``most-favored-nation
treatment'', and for other purposes; to the Committee on Ways
and Means, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FARR:
H.R. 3623. A bill to require the Federal Communications
Commission to revise its television duopoly rules to require
public comment on certain local marketing agreements; to the
Committee on Commerce.
By Mr. FORBES:
H.R. 3624. A bill to amend the Internal Revenue Code of
1986 to establish, and provide a checkoff for, a biomedical
research fund, and for other purposes; to the Committee on
Ways and Means, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. MICA:
H.R. 3625. A bill to authorize appropriations for the
National Historical Publications and Records Commission for
fiscal years 1998, 1999, 2000, and 2001; to the Committee on
Government Reform and Oversight.
By Mr. NADLER (for himself, Mr. Schaefer, Mr. Borski,
Mr. Farr, Mr. Frost, Mr. Hinchey, Mr. Johnston of
Florida, Mr. Kennedy of Massachusetts, Mr. Lantos,
Mrs. Lowey, Ms. McKinney, Mr. Moran, Ms. Rivers, Mr.
Sanders, and Ms. Woolsey):
H.R. 3626. A bill to direct the Administrator of the
Federal Aviation Administration to issue regulations relating
to recirculation of fresh air in commercial aircraft, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. ORTON:
H.R. 3627. A bill to provide for the transfer of certain
lands near Myton, UT, to the Utah Division of Wildlife
Resources; to the Committee on Resources.
By Ms. VELAZQUEZ (for herself and Ms. Molinari):
H.R. 3628. A bill to establish the Lower East Side Tenement
Museum National Historic Site, and for other purposes; to the
Committee on Resources.
By Mr. VENTO:
H.R. 3629. A bill to amend title 39, United States Code, to
require that photographic evidence of a person's identity be
presented before a change-of-address order shall be accepted
by the U.S. Postal Service for processing; to the Committee
on Government Reform and Oversight.
By Mr. FOX (for himself, Mr. Green of Texas, Mr.
Lipinski, Mrs. Roukema, Mr. Davis, and Mr. Forbes):
H.R. 3630. A bill to require coverage for screening
mammography and pap smears under health plans; to the
Committee on Commerce, and in addition to the Committee on
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DAVIS (for himself, Mr. Moran, Mr. Bateman, Mr.
Pickett, Mr. Boucher, Mr. Sisisky, Mr. Payne of
Virginia, Mr. Duncan, Mr. Frost, Mr. Fazio of
California, Mr. Young of Alaska, Mr. Wolf, Mr.
Wilson, Mr. Whitfield, Mr. Stearns, Mr. Scott, Mr.
Roemer, Mr. Moorhead, Mr. Montgomery, Mr. Markey, Mr.
Manton, Mr. Lantos, Mr. Conyers, Mr. Costello, Mr.
Gejdenson, Mr. Durbin, Mr. Bereuter, and Mr.
Bilirakis):
H.R. 3631. A bill to provide for the recognition and
designation of the official society to administer and
coordinate the United States of America activities to
commemorate and celebrate the achievements of the second
millennium, and promote even greater achievements in the
millennium to come by endowing an international cross-
cultural scholarship fund to further the development and
education of the world's future leaders; to the Committee on
Government Reform and Oversight, and in addition to the
Committees on International Relations, and Banking and
Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. EHRLICH:
H.R. 3632. A bill to amend title XIX of the Social Security
Act to repeal the requirement for annual resident review for
nursing facilities under the Medicaid Program and to require
resident reviews for mentally ill or mentally retarded
residents when there is a significant change in physical or
mental condition; to the Committee on Commerce.
H.R. 3633. A bill to amend title XVIII and XIX of the
Social Security Act to permit a waiver of the prohibition of
offering nurse aide training and competency evaluation
programs in certain nursing facilities; to the Committee on
Ways and Means, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. CAMPBELL (for himself and Mr. Jacobs):
H.J. Res. 180. Joint resolution proposing an amendment to
the Constitution of the United States to abolish the
Electoral College and to provide for the direct election of
the President and Vice President of the United States; to the
Committee on the Judiciary.
by Mr. WALKER:
H.J. Res. 181. Joint resolution disapproving the extension
of nondiscriminatory treatment--most-favored-nation
treatment--to the products of the People's Republic of China;
to the Committee on Ways and Means.
By Mr. SERRANO (for himself, Mr. Studds, Mr. Hilliard,
Mr. Yates, Mr. McDermott, Ms. Velazquez, Mr. Hinchey,
Mr. Frost, Mr. Green of Texas, Ms. Pelosi, Mr.
Romero-Barcelo, Mr. Waxman, Ms. Jackson-Lee, Mr.
Miller of California, Mr. Dellums, Mr. Johnston of
Florida, Mr. Gonzalez, Mr. Pallone, Mr. Towns, Mr.
Ackerman, Mr. Filner, Mr. Stokes, Mr. Cummings, Mr.
Martinez, Mrs. Maloney, Mrs. Meek of Florida, Ms.
Eddie Bernice Johnson of Texas, Mr. Manton, Mr.
Owens, and Mr. Nadler):
H. Con. Res. 184. Concurrent resolution expressing the
sense of the Congress with respect to pediatric and
adolescent AIDS; to the Committee on Commerce.
By Mr. CAMPBELL (for himself, Mr. Farr, Mr. Cunningham,
Mr. Calvert, Mr. Waxman, Mr. Pombo, Mrs. Seastrand,
Mr. Riggs, Mr. Gallegly, Mr. Baker of California, Ms.
Eshoo, and Mr. Doolittle):
H. Res. 452. Resolution expressing the sense of the House
of Representatives that Colombian fresh cut flowers should
not receive preferential tariff treatment; to the Committee
on Ways and Means.
By Ms. LOFGREN (for herself and Mr. Farr):
H. Res. 454. Resolution directing the Committee on House
Oversight of the House of Representatives to take all
necessary steps to make voting records of members of the
House and other information on the legislative activities of
the House accessible on the Internet through the official
homepage of the House of Representatives, and for other
purposes; to the Committee on Rules.
para.73.33 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
[[Page 1354]]
H.R. 118: Mr. Petri.
H.R. 1023: Mrs. Vucanovich.
H.R. 1230: Mrs. Meyers of Kansas.
H.R. 2011: Mr. Reed and Mr. Campbell.
H.R. 2019: Mr. Hayworth.
H.R. 2090: Ms. Ros-Lehtinen and Mr. Klug.
H.R. 2260: Mr. Lightfoot.
H.R. 2272: Mr. Coyne.
H.R. 2472: Mrs. Mink of Hawaii, Mr. Martinez, Mr. Payne of
New Jersey, and Mr. Thompson.
H.R. 2508: Mr. Knollenberg.
H.R. 2652: Mr. Sawyer.
H.R. 2727: Mr. Graham, Mr. Horn, Mr. Christensen, and Mr.
Brewster.
H.R. 2827: Mr. LoBiondo and Mr. Edwards.
H.R. 2834: Mr. Mascara.
H.R. 2925: Mr. Hilliard.
H.R. 2931: Mr. Baldacci.
H.R. 3118: Mr. Dooley, Mr. Spratt, and Mr. English of
Pennsylvania.
H.R. 3161: Mr. Manzullo.
H.R. 3168: Mr. Borski.
H.R. 3195: Mr. LaTourette, Mr. Hostettler, and Mr. Taylor
of North Carolina.
H.R. 3226: Mr. King and Mr. Castle.
H.R. 3303: Mr. Thompson, Mr. Romero-Barcelo, and Mr. Foley.
H.R. 3316: Ms. Furse and Mr. DeFazio.
H.R. 3393: Mr. Traficant.
H.R. 3396: Mr. Hayes, Mr. Radanovich, Mr. Bliley, Mr.
Whitfield, and Mrs. Vucanovich.
H.R. 3398: Ms. Molinari, Mr. Davis, Mr. Ballenger, Mr.
Goodlatte, Ms. DeLauro, Mr. Jacobs, and Mr. Klug.
H.R. 3401: Mr. Farr and Mr. Baker of California.
H.R. 3433: Mr. Duncan, Mr. Klug, and Mr. Hansen.
H.R. 3462: Mr. DeFazio, Mr. Lazio of New York, Mr. Sanders,
and Mr. Sisisky.
H.R. 3477: Mr. Dellums, Mr. Studds, Mr. Markey, Mr. Watt of
North Carolina, Mr. Green of Texas, Mr. Bonior, and Ms.
Norton.
H.R. 3508: Mr. Frelinghuysen, Ms. Lofgren, Mr. Lipinski,
and Ms. Rivers.
H.R. 3514: Mr. Hayes.
H.R. 3525: Mr. Coble, Mr. McCollum, Mr. Jacobs, Mr. Wolf,
Mr. Gekas, Mr. Lazio of New York, Ms. Greene of Utah, Mr.
Tejeda, Mr. Taylor of North Carolina, Mr. Dixon, Mr. Smith of
Texas, and Mr. Buyer.
H.R. 3548: Mr. Barr, Mr. Inglis of South Carolina, Mr.
Livingston, and Mr. Blute.
H.R. 3556: Mr. Weldon of Florida, Mrs. Schroeder, and Mr.
Tauzin.
H.R. 3566: Mr. Meehan, Mr. Holden, Mr. DeFazio, and Mr.
Lipinski.
H.R. 3577: Mr. Lipinski.
H.R. 3586: Mr. Burton of Indiana and Mr. Herger.
H.R. 3596: Mr. Goodling and Mr. Holden.
H.R. 3604: Mr. Gillmor, Mr. Klug, and Mrs. Collins of
Illinois.
H. Con. Res. 175: Mr. Manton, Mr. Forbes, and Mr. Sam
Johnson.
H. Res. 286: Mr. Frost and Ms. Pelosi.
para.73.34 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2951: Mr. Bachus.
.
THURSDAY, JUNE 13, 1996 (74)
The House was called to order by the SPEAKER.
para.74.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, June 12, 1996.
Mr. HEFLEY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. HEFLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.74.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3571. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Tobacco Inspection; Growers' Referendum Results (Docket No.
TB-95-13) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3572. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Tobacco Inspection; Growers' Referendum Results (Docket No.
TB-95-15) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3573. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Hazelnuts Grown in Oregon and Washington; Assessment Rate
(Docket No. FV96-982-1IFR) received June 13, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3574. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Increased Assessment Rate for Domestically Produced Peanuts
Handled by Persons Not Subject to Peanut Marketing Agreement
No. 146 and for Marketing Agreement No. 146 Regulating the
Quality of Domestically Produced Peanuts (Docket No. FV96-
998-1IFR) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3575. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Apricots Grown in Designated Counties in Washington;
Temporary Suspension of Minimum Grade Requirements (Docket
No. FV96-922-1IFR) received June 13, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3576. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of June 1, 1996,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 104-232); to the
Committee on Appropriations and ordered to be printed.
3577. A letter from the Secretary of Housing and Urban
Development, transmitting a draft of proposed legislation
entitled the ``FHA Single Family Housing Reform Act of
1996''; to the Committee on Banking and Financial Services.
3578. A letter from the Assistant Secretary for Pension and
Welfare Benefits, Department of Labor, transmitting the
Department's final rule--Interpretive Bulletin 96-1
Participant Investment Education (Pension and Welfare
Benefits Administration) (RIN: 1210-AA50) received June 12,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
3579. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Valuation of Plan
Benefits in Single-Employer Plans; Valuation of Plan Benefits
and Plan Assets Following Mass Withdrawal; Amendments
Adopting Additional PBGC Rates (29 CFR Parts 2619 and 2676)
received June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Economic and Educational Opportunities.
3580. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled the ``Development Disabilities Assistance Amendments
of 1996,'' pursuant to 31 U.S.C. 1110; to the Committee on
Economic and Educational Opportunities.
3581. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Testing Consent Order
for Alkyl Glycidyl Ethers; Technical Amendment (FRL-5368-3)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3582. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Hazardous Air Pollutant
List; Modification (FRL-5520-5) received June 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3583. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Priorities
List for Uncontrolled Hazardous Waste Sites (FRL-5520-2)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3584. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 15.117(g)(3) of the
Commission's Rules Relating to the Filing of UHF Noise Figure
Performance Measurements (ET Docket No. 95-144) received June
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3585. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Section 302 of the
Telecommunications Act of 1996: Open Video Systems (CS Docket
No. 95-46) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3586. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Foods and Drugs; Technical
Amendments (21 CFR Chapter I) received June 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3587. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Change of Names and
Addresses; Technical Amendment; Correction (21 CFR Parts 172,
173, 175, 176, 177, 178, 180, 181, and 189) received June 12,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3588. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Change of Names and
Addresses; Technical Amendment; (21 CFR Parts 172, 173, 175,
176, 177, 178, 180, 181, and 189) received June 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3589. A letter from the Director, Regulations Policy
Management Staff, Food and
[[Page 1355]]
Drug Administration, transmitting the Administration's final
rule--Foods and Drugs; Technical Amendments (21 CFR Chapter
I) received June 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
3590. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Production and Utilization
Facilities; Emergency Planning and Preparedness Exercise
Requirements (RIN: 3150-AF20) received June 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3591. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Health
Maintenance Organizations: Employer Contribution to HMO's
(Health Care Financing Administration) [OMC-004-F] (RIN:
0938-AE64) received June 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3592. A letter from the Secretary of Education,
transmitting the semiannual report to Congress on audit
follow-up for the period October 1, 1995, through March 31,
1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section
5(b); to the Committee on Government Reform and Oversight.
3593. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-279, ``Fiscal
Year 1996 Budget Support Act of 1996,'' pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
3594. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Airstrip Closure (National Park
Service, Cape Lookout National Seashore) (RIN: 1024-AC29)
received June 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3595. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Importation, Exportation, and
Transportation of Wildlife (Fish and Wildlife Service) (RIN:
1018-AB49) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3596. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Reclassification of
Erigeron maguirei (Maguire daisy) from Endangered to
Threatened (RIN: 1018-AC71) received June 13, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3597. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Operating Requirements: Domestic, Flag, Supplemental,
Commuter, and On-Demand Operations; Corrections and Editorial
Changes (Federal Aviation Administration) (RIN: 2120-AG03)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3598. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Baker, Montana (Federal
Aviation Administration) [Docket No. 96-ANM-001] (RIN: 2120-
AA66) (1996-0056) received June 13, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3599. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Federal Colored Airway B-9; FL (Federal
Aviation Administration) [Docket No. 95-ASO-20] (RIN: 2120-
AA66) (1996-0058) received June 13, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3600. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of V-99, V-451, and J-62 (Federal Aviation
Administration) [Docket No. 95-ANE-35] (RIN: 2120-AA66)
(1996-0059) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3601. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Las Vegas (Federal Aviation
Administration) [Docket No. 95-ASW-31] (RIN: 2120-AA66)
(1996-0062) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3602. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Lockheed Model L-1011-385 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
NM-104-AD; Amendment 39-9667; AD 96-12-24] (RIN: 2120-AA64)
(1996-0062) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3603. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Superior Air Parts, Inc. Pistons
Installed on Teledyne Continental Motors O-470 Series
Airplanes (Federal Aviation Administration) [Docket No. 94-
ANE-30; Amendment 39-9646; AD 96-12-04] (RIN: 2120-AA64)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3604. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; AlliedSignal, Inc. (formerly
Textron Lycoming) LTS101 Series Turboshaft and LTP101 Series
Turboprop Engines (Federal Aviation Administration) [Docket
No. 95-ANE-16; Amendment 39-9647; AD 96-12-05] (RIN: 2120-
AA64) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3605. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Teledyne Continental Motors and
Rolls-Royce, plc O-200 Series Reciprocating Engines (Federal
Aviation Administration) [Docket No. 94-ANE-53; Amendment 39-
9648; AD 96-12-06] (RIN: 2120-AA64) received June 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3606. A letter from the Director, Office of Global
Programs, National Oceanic and Atmospheric Administration,
transmitting the Office's final rule--Climate and Global
Change Program--received June 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Science.
3607. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Educational Assistance Programs and
Service Members Occupational Conversion and Training Act
Program (RIN: 2900-AH31) received June 11, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Veterans' Affairs.
3608. A letter from the Assistant Secretary (Tax Policy),
Department of the Treasury, transmitting a draft of proposed
legislation to amend the Internal Revenue Code; to the
Committee on Ways and Means.
3609. A letter from the Secretary of Housing and Urban
Development, transmitting a draft of proposed legislation
entitled the ``Community Development Block Grant Performance
Fund and HOME Performance Fund Act of 1996''; jointly, to the
Committees on Banking and Financial Services and Ways and
Means.
3610. A letter from the Vice President of the United
States, transmitting a draft of proposed legislation entitled
the ``Everglades and South Florida Ecosystem Restoration Act
of 1996''; jointly, to the Committees on Transportation and
Infrastructure, Resources, and Agriculture.
3611. A letter from the Secretary of Housing and Urban
Development, transmitting two drafts of proposed legislation
entitled the ``FHA Multifamily Housing Reform Act of 1996''
and the ``Housing Enforcement Act of 1996''; jointly, to the
Committees on Banking and Financial Services, Resources, the
Judiciary, and Ways and Means.
para.74.3 committees and subcommittees to sit
On motion of Mr. GUTKNECHT, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Commerce, the Committee on Economic and Educational Opportunities, the
Committee on Government Reform and Oversight, the Committee on
International Relations, the Committee on National Security, the
Committee on Resources, and the Committee on Transportation and
Infrastructure.
para.74.4 shipbuilding trade agreement
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to House
Resolution 448 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 2754) to approve and implement the OECD
Shipbuilding Trade Agreement.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, by unanimous
consent, designated Mr. GUTKNECHT as Chairman of the Committee of the
Whole; and after some time spent therein;
para.74.5 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BATEMAN:
In section 3 (page 2, line 15), strike ``This'' and insert
``Except as provided in section 206, this''.
Redesignate section 206 as section 209, and insert the
following after section 205:
SEC. 296. APPLICABILITY OF TITLE XI AMENDMENTS.
(a) Effective Date.--
(1) In general.--Notwithstanding any provision of the
Shipbuilding Agreement or the Export Credit Understanding,
the amendments made by paragraph (8) of section 204 shall not
apply with respect to any commitment to guarantee made under
title XI of the Merchant Marine Act, 1936, before January 1,
1999, with respect to a vessel delivered--
(A) before January 1, 2002, or
(B) in the case of unusual circumstances to which paragraph
(2) applies, as soon after January 1, 2002, as is
practicable.
(2) Unusual circumstances.--This paragraph applies in a
case in which unusual circumstances beyond the control of the
parties concerned prevent the delivery of a vessel by January
1, 2002. As used in this paragraph, the term ``unusual
circumstances'' means acts of God (other than ordinary storms
or inclement weather conditions), labor strikes,
[[Page 1356]]
acts of sabotage, explosions, fires, or vandalism, and
similar circumstances.
SEC. 207. OTHER LAWS NOT AFFECTED.
The Shipbuilding Agreement shall not affect, directly or
indirectly, the Merchant Marine Act, 1920, the Act of June
19, 1886 (46 U.S.C. App. 289), or any other provision of law
set forth in Accompanying Note 2 to Annex II to the
Shipbuilding Agreement, and shall not provide any mechanism
to subject any producer of vessels in the United States to
financial penalties, duties, bid restrictions, unfavorable
bid preferences, or withdrawal of concessions under the GATT
1994 or other Uruguay Round Agreements, in the competition
for international commercial vessel construction or
reconstruction orders because of construction of vessels by
United States shipbuilders for operation in the coastwise
trade of the United States.
SEC. 208. PROTECTION OF UNITED STATES INTERESTS.
Nothing in the Shipbuilding Agreement shall be construed to
prevent the United States from taking any action which it
considers necessary for the protection of essential security
interests or from invoking its sovereign authority to define,
for purposes of exclusion from coverage under the
Shipbuilding Agreement and from any dispute or challenge
based on Annex I to the Shipbuilding Agreement, ``military
vessel'', ``military reserve vessel'', or ``essential
security interest'' on a case by case basis, as determined by
the Secretary of Defense.
In paragraph (1) of section 209 (as redesignated by this
amendment), strike ``and `Shipbuilding Agreement vessel' have
the meanings given those terms in subsections (h), (i), and
(j)'' and insert `` `Shipbuilding Agreement vessel', and
`Export Credit Understanding' have the meanings given those
terms in subsections (h), (i), (j), and (k)''
Page 6, strike line 19 and all that follows through page 7,
line 2.
Page 7, line 3, insert ``(I) if'' before ``the
petitioner''.
Page 7, strike lines 9 through 11 and insert the following:
``(II) if the petitioner was not invited to tender a bid,
the petition''.
Page 7, line 19, strike ``(i)(III)'' and insert
``(i)(II)''.
Page 9, line 10, strike ``(i) or (ii)'' and insert
``(i)(I)''.
Page 9, line 18, strike ``(1)(B)(iii)'' and insert
``(1)(B)(i)(II)''.
Page 49, add the following after line 24:
``SEC. 809. THIRD COUNTRY SALES.
``(a) Filing of Petition.--Any interested party that would
be eligible to file a petition under section 802(b)(1) with
respect to a sale if such sale had been to a United States
buyer may, with respect to a sale of a vessel by a foreign
producer in a Shipbuilding Agreement Party to a buyer in a
third country that is a Shipbuilding Agreement Party, file
with the Trade Representative a petition alleging that--
``(1) such vessel has been sold at less than fair value;
and
``(2) the industry in the United States producing or
capable of producing a like vessel is materially injured by
reason of such sale.
``(b) Determination.--Upon receipt of a petition under
subsection (a), the Trade Representative shall request the
following determinations to be made in accordance with
substantive and procedural requirements specified by the
Trade Representative, notwithstanding any other provision of
this title:
``(1) The administering authority shall determine whether
there is reasonable cause to believe that the subject vessel
has been sold at less than fair value.
``(2) The Commission shall determine whether there is
reasonable cause to believe that the industry in the United
States is materially injured by reason of such sale.
``(c) Complaint by Trade Representative.--If the
administering authority makes an affirmative determination
under paragraph (1) of subsection (b), and the Commission
makes an affirmative determination under paragraph (2) of
subsection (b), the Trade Representative shall make
application to the country of the buyer of the subject vessel
for an injurious pricing action and relief similar to that
available under section 808. The Trade Representative shall
advise the petitioner of the proceedings undertaken by the
third country in response to such application and shall
permit the petitioner to participate in such proceedings to
the greatest extent practicable.''
Page 102, line 9, strike ``or 808'' and insert ``, 808, or
809''.
In the table of contents for chapter 8 of title VII of the
Tariff Act of 1930 (page 3, after line 9), insert the
following after the item relating to section 808:
``Sec. 809. Third country sales.''
Page 100, line 20, strike ``and''; on line 21, strike
``(iii)'' and insert ``(iv)'', and insert the following after
line 20:
``(iii) a military reserve vessel, and''.
Page 101, insert the following after line 15:
``(E) Military reserve vessel.--A `military reserve vessel'
is a vessel that has been constructed with national defense
features and characteristics required by the Secretary of
Defense for the purpose of supporting the United States Armed
Forces in a contingency.
It was decided in the
Yeas
278
<3-line {>
affirmative
Nays
149
para.74.6 [Roll No. 237]
AYES--278
Abercrombie
Ackerman
Andrews
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (WI)
Bartlett
Bateman
Becerra
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Burr
Burton
Buyer
Calvert
Chambliss
Chenoweth
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Coyne
Crapo
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Duncan
Durbin
Edwards
Ehrlich
Emerson
Engel
Eshoo
Evans
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hansen
Harman
Hayes
Hayworth
Hefner
Hilleary
Hinchey
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klink
LaFalce
LaHood
Lantos
LaTourette
Lazio
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lofgren
Longley
Lowey
Lucas
Maloney
Manton
Markey
Martinez
Martini
Mascara
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Neumann
Ney
Norwood
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Poshard
Quillen
Rahall
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Solomon
Souder
Spence
Spratt
Stark
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
NOES--149
Allard
Archer
Armey
Bachus
Baker (CA)
Barrett (NE)
Barton
Bass
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Blumenauer
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bunn
Bunning
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chapman
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cox
Cramer
Crane
Cremeans
Cubin
de la Garza
DeLay
Deutsch
Dicks
Dreier
Dunn
Ehlers
English
Ensign
Everett
Fawell
Foley
Fowler
Frelinghuysen
Frisa
Ganske
Gibbons
Gilchrest
Goss
Gutknecht
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (FL)
Hastings (WA)
Hefley
Heineman
Herger
Hilliard
Hobson
Hoekstra
Hoyer
Istook
Jacobs
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Kasich
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Largent
Latham
Laughlin
Leach
Levin
Lewis (KY)
Lightfoot
Linder
LoBiondo
Luther
Manzullo
Matsui
McCarthy
McCollum
McCrery
McDermott
Meyers
Miller (FL)
Minge
Myrick
Nethercutt
Nussle
Orton
Parker
Paxon
Peterson (FL)
Petri
Portman
Pryce
Quinn
Radanovich
Ramstad
Rangel
Richardson
Rohrabacher
Roth
Royce
Salmon
Sanford
Sawyer
Schroeder
Sensenbrenner
Shadegg
Shaw
Shays
Skaggs
Smith (TX)
Smith (WA)
Stearns
Stenholm
Studds
Taylor (NC)
Thomas
Thurman
Walker
Waxman
White
Whitfield
Zeliff
Zimmer
NOT VOTING--7
Gillmor
Greene (UT)
Houghton
Lincoln
McDade
Miller (CA)
Oxley
[[Page 1357]]
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, assumed the Chair.
When Mr. GUTKNECHT, Chairman, pursuant to House Resolution 448,
reported the bill back to the House with an amendment adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shipbuilding Trade Agreement
Act''.
SEC. 2. APPROVAL OF THE SHIPBUILDING AGREEMENT.
The Congress approves The Agreement Respecting Normal
Competitive Conditions in the Commercial Shipbuilding and
Repair Industry (hereafter in this Act referred to as the
``Shipbuilding Agreement''), a reciprocal trade agreement
which resulted from negotiations under the auspices of the
Organization for Economic Cooperation and Development, and
was entered into on December 21, 1994.
SEC. 3. EFFECTIVE DATE.
Except as provided in section 206, this Act and the
amendments made by this Act take effect on the date that the
Shipbuilding Agreement enters into force with respect to the
United States.
TITLE I--INJURIOUS PRICING AND COUNTERMEASURES
SEC. 101. INJURIOUS PRICING AND COUNTERMEASURES PROCEEDINGS.
The Tariff Act of 1930 is amended by adding at the end the
following new title:
``TITLE VIII--INJURIOUS PRICING AND COUNTERMEASURES RELATING TO
SHIPBUILDING
``Subtitle A--Injurious Pricing Charge and Countermeasures
``Sec. 801. Injurious pricing charge.
``Sec. 802. Procedures for initiating an injurious pricing
investigation.
``Sec. 803. Preliminary determinations.
``Sec. 804. Termination or suspension of investigation.
``Sec. 805. Final determinations.
``Sec. 806. Imposition and collection of injurious pricing charge.
``Sec. 807. Imposition of countermeasures.
``Sec. 808. Injurious pricing petitions by third countries.
``Sec. 809. Third country sales.
``Subtitle B--Special Rules
``Sec. 821. Export price.
``Sec. 822. Normal value.
``Sec. 823. Currency conversion.
``Subtitle C--Procedures
``Sec. 841. Hearings.
``Sec. 842. Determinations on the basis of the facts available.
``Sec. 843. Access to information.
``Sec. 844. Conduct of investigations.
``Sec. 845. Administrative action following shipbuilding agreement
panel reports.
``Subtitle D--Definitions
``Sec. 861. Definitions.
``Subtitle A--Injurious Pricing Charge and Countermeasures
``SEC. 801. INJURIOUS PRICING CHARGE.
``(a) Basis for Charge.--If--
``(1) the administering authority determines that a foreign
vessel has been sold directly or indirectly to one or more
United States buyers at less than its fair value, and
``(2) the Commission determines that--
``(A) an industry in the United States--
``(i) is or has been materially injured, or
``(ii) is threatened with material injury, or
``(B) the establishment of an industry in the United States
is or has been materially retarded,
by reason of the sale of such vessel, then there shall be
imposed upon the foreign producer of the subject vessel an
injurious pricing charge, in an amount equal to the amount by
which the normal value exceeds the export price for the
vessel. For purposes of this subsection and section
805(b)(1), a reference to the sale of a foreign vessel
includes the creation or transfer of an ownership interest in
the vessel, except for an ownership interest created or
acquired solely for the purpose of providing security for a
normal commercial loan.
``(b) Foreign Vessels Not Merchandise.--No foreign vessel
may be considered to be, or to be part of, a class or kind of
merchandise for purposes of subtitle B of title VII.
``SEC. 802. PROCEDURES FOR INITIATING AN INJURIOUS PRICING
INVESTIGATION.
``(a) Initiation by Administering Authority.--
``(1) General rule.--Except in the case in which subsection
(d)(6) applies, an injurious pricing investigation shall be
initiated whenever the administering authority determines,
from information available to it, that a formal investigation
is warranted into the question of whether the elements
necessary for the imposition of a charge under section 801(a)
exist, and whether a producer described in section 861(17)(C)
would meet the criteria of subsection (b)(1)(B) for a
petitioner.
``(2) Time for initiation by administering authority.--An
investigation may only be initiated under paragraph (1)
within 6 months after the time the administering authority
first knew or should have known of the sale of the vessel.
Any period in which subsection (d)(6)(A) applies shall not be
included in calculating that 6-month period.
``(b) Initiation by Petition.--
``(1) Petition requirements.--(A) Except in a case in which
subsection (d)(6) applies, an injurious pricing proceeding
shall be initiated whenever an interested party, as defined
in subparagraph (C), (D), (E), or (F) of section 861(17),
files a petition with the administering authority, on behalf
of an industry, which alleges the elements necessary for the
imposition of an injurious pricing charge under section
801(a) and the elements required under subparagraph (B), (C),
(D), or (E) of this paragraph, and which is accompanied by
information reasonably available to the petitioner supporting
those allegations and identifying the transaction concerned.
``(B)(i) If the petitioner is a producer described in
section 861(17)(C), and--
``(I) if the petitioner was invited to tender a bid on the
contract at issue, the petition shall include information
indicating that the petitioner actually did so and the bid of
the petitioner substantially met the delivery date and
technical requirements of the bid, or
``(II) if the petitioner was not invited to tender a bid,
the petition shall include information indicating that the
petitioner was capable of building the vessel concerned and,
if the petitioner knew or should have known of the proposed
purchase, it made demonstrable efforts to conclude a sale
with the United States buyer consistent with the delivery
date and technical requirements of the buyer.
``(ii) For purposes of clause (i)(II), there is a
rebuttable presumption that the petitioner knew or should
have known of the proposed purchase if it is demonstrated
that--
``(I) the majority of the producers in the industry have
made efforts with the United States buyer to conclude a sale
of the subject vessel, or
``(II) general information on the sale was available from
brokers, financiers, classification societies, charterers,
trade associations, or other entities normally involved in
shipbuilding transactions with whom the petitioner had
regular contacts or dealings.
``(C) If the petitioner is an interested party described in
section 861(17)(D), the petition shall include information
indicating that members of the union or group of workers
described in that section are employed by a producer that
meets the requirements of subparagraph (B) of this paragraph.
``(D) If the petitioner is an interested party described in
section 861(17)(E), the petition shall include information
indicating that a member of the association described in that
section is a producer that meets the requirements of
subparagraph (B) of this paragraph.
``(E) If the petitioner is an interested party described in
section 861(17)(F), the petition shall include information
indicating that a member of the association described in that
section meets the requirements of subparagraph (C) or (D) of
this paragraph.
``(F) The petition may be amended at such time, and upon
such conditions, as the administering authority and the
Commission may permit.
``(2) Simultaneous filing with commission.--The petitioner
shall file a copy of the petition with the Commission on the
same day as it is filed with the administering authority.
``(3) Deadline for filing petition.--
``(A) Deadline.--(i) A petitioner to which paragraph
(1)(B)(i)(I) applies shall file the petition no later than
the earlier of--
``(I) 6 months after the time that the petitioner first
knew or should have known of the sale of the subject vessel,
or
``(II) 6 months after delivery of the subject vessel.
``(ii) A petitioner to which paragraph (1)(B)(i)(II)
applies shall--
``(I) file the petition no later than the earlier of 9
months after the time that the petitioner first knew or
should have known of the sale of the subject vessel, or 6
months after delivery of the subject vessel, and
``(II) submit to the administering authority a notice of
intent to file a petition no later than 6 months after the
time that the petitioner first knew or should have known of
the sale (unless the petition itself is filed within that 6-
month period).
``(B) Presumption of knowledge.--For purposes of this
paragraph, if the existence of the sale, together with
general information concerning the vessel, is published in
the international trade press, there is a rebuttable
presumption that the petitioner knew or should have known of
the sale of the vessel from the date of that publication.
``(c) Actions Before Initiating Investigations.--
``(1) Notification of governments.--Before initiating an
investigation under either subsection (a) or (b), the
administering authority shall notify the government of the
exporting country of the investigation. In the case of the
initiation of an investigation under subsection (b), such
notification shall include a public version of the petition.
``(2) Acceptance of communications.--The administering
authority shall not accept any unsolicited oral or written
communication from any person other than an interested party
described in section 861(17)(C), (D), (E), or (F) before the
administering authority makes its decision whether to
initiate an investigation pursuant to a petition, except for
inquiries regarding the status of the admin
[[Page 1358]]
istering authority's consideration of the petition or a
request for consultation by the government of the exporting
country.
``(3) Nondisclosure of certain information.--The
administering authority and the Commission shall not disclose
information with regard to any draft petition submitted for
review and comment before it is filed under subsection
(b)(1).
``(d) Petition Determination.--
``(1) Time for initial determination.--(A) Within 45 days
after the date on which a petition is filed under subsection
(b), the administering authority shall, after examining, on
the basis of sources readily available to the administering
authority, the accuracy and adequacy of the evidence provided
in the petition, determine whether the petition--
``(i) alleges the elements necessary for the imposition of
an injurious pricing charge under section 801(a) and the
elements required under subsection (b)(1)(B), (C), (D), or
(E), and contains information reasonably available to the
petitioner supporting the allegations; and
``(ii) determine if the petition has been filed by or on
behalf of the industry.
``(B) Any period in which paragraph (6)(A) applies shall
not be included in calculating the 45-day period described in
subparagraph (A).
``(2) Affirmative determinations.--If the determinations
under clauses (i) and (ii) of paragraph (1)(A) are
affirmative, the administering authority shall initiate an
investigation to determine whether the vessel was sold at
less than fair value, unless paragraph (6) applies.
``(3) Negative determinations.--If--
``(A) the determination under clause (i) or (ii) of
paragraph (1)(A) is negative, or
``(B) paragraph (6)(B) applies,
the administering authority shall dismiss the petition,
terminate the proceeding, and notify the petitioner in
writing of the reasons for the determination.
``(4) Determination of industry support.--
``(A) General rule.--For purposes of this subsection, the
administering authority shall determine that the petition has
been filed by or on behalf of the domestic industry, if--
``(i) the domestic producers or workers who support the
petition collectively account for at least 25 percent of the
total capacity of domestic producers capable of producing a
like vessel, and
``(ii) the domestic producers or workers who support the
petition collectively account for more than 50 percent of the
total capacity to produce a like vessel of that portion of
the domestic industry expressing support for or opposition to
the petition.
``(B) Certain positions disregarded.--In determining
industry support under subparagraph (A), the administering
authority shall disregard the position of domestic producers
who oppose the petition, if such producers are related to the
foreign producer or United States buyer of the subject
vessel, or the domestic producer is itself the United States
buyer, unless such domestic producers demonstrate that their
interests as domestic producers would be adversely affected
by the imposition of an injurious pricing charge.
``(C) Polling the industry.--If the petition does not
establish support of domestic producers or workers accounting
for more than 50 percent of the total capacity to produce a
like vessel--
``(i) the administering authority shall poll the industry
or rely on other information in order to determine if there
is support for the petition as required by subparagraph (A),
or
``(ii) if there is a large number of producers in the
industry, the administering authority may determine industry
support for the petition by using any statistically valid
sampling method to poll the industry.
``(D) Comments by interested parties.--Before the
administering authority makes a determination with respect to
initiating an investigation, any person who would qualify as
an interested party under section 861(17) if an investigation
were initiated, may submit comments or information on the
issue of industry support. After the administering authority
makes a determination with respect to initiating an
investigation, the determination regarding industry support
shall not be reconsidered.
``(5) Definition of domestic producers or workers.--For
purposes of this subsection, the term `domestic producers or
workers' means interested parties as defined in section
861(17)(C), (D), (E), or (F).
``(6) Proceedings by wto members.--The administering
authority shall not initiate an investigation under this
section if, with respect to the vessel sale at issue, an
antidumping proceeding conducted by a WTO member who is not a
Shipbuilding Agreement Party--
``(A) has been initiated and has been pending for not more
than one year, or
``(B) has been completed and resulted in the imposition of
antidumping measures or a negative determination with respect
to whether the sale was at less than fair value or with
respect to injury.
``(e) Notification to Commission of Determination.--The
administering authority shall--
``(1) notify the Commission immediately of any
determination it makes under subsection (a) or (d), and
``(2) if the determination is affirmative, make available
to the Commission such information as it may have relating to
the matter under investigation, under such procedures as the
administering authority and the Commission may establish to
prevent disclosure, other than with the consent of the party
providing it or under protective order, of any information to
which confidential treatment has been given by the
administering authority.
``SEC. 803. PRELIMINARY DETERMINATIONS.
``(a) Determination by Commission of Reasonable Indication
of Injury.--
``(1) General rule.--Except in the case of a petition
dismissed by the administering authority under section
802(d)(3), the Commission, within the time specified in
paragraph (2), shall determine, based on the information
available to it at the time of the determination, whether
there is a reasonable indication that--
``(A) an industry in the United States--
``(i) is or has been materially injured, or
``(ii) is threatened with material injury, or
``(B) the establishment of an industry in the United States
is or has been materially retarded,
by reason of the sale of the subject vessel. If the
Commission makes a negative determination under this
paragraph, the investigation shall be terminated.
``(2) Time for commission determination.--The Commission
shall make the determination described in paragraph (1)
within 90 days after the date on which the petition is filed
or, in the case of an investigation initiated under section
802(a), within 90 days after the date on which the Commission
receives notice from the administering authority that the
investigation has been initiated.
``(b) Preliminary Determination by Administering
Authority.--
``(1) Period of injurious pricing investigation.--(A) The
administering authority shall make a determination, based
upon the information available to it at the time of the
determination, of whether there is a reasonable basis to
believe or suspect that the subject vessel was sold at less
than fair value.
``(B) If cost data is required to determine normal value on
the basis of a sale of a foreign like vessel that has not
been delivered on or before the date on which the
administering authority initiates the investigation, the
administering authority shall make its determination within
160 days after the date of delivery of the foreign like
vessel.
``(C) If normal value is to be determined on the basis of
constructed value, the administering authority shall make its
determination within 160 days after the date of delivery of
the subject vessel.
``(D) In cases in which subparagraph (B) or (C) does not
apply, the administering authority shall make its
determination within 160 days after the date on which the
administering authority initiates the investigation under
section 802.
``(E) In no event shall the administering authority make
its determination before an affirmative determination is made
by the Commission under subsection (a).
``(2) De minimis injurious pricing margin.--In making a
determination under this subsection, the administering
authority shall disregard any injurious pricing margin that
is de minimis. For purposes of the preceding sentence, an
injurious pricing margin is de minimis if the administering
authority determines that the margin is less than 2 percent
of the export price.
``(c) Extension of Period in Extraordinarily Complicated
Cases or for Good Cause.--
``(1) In general.--If--
``(A) the administering authority concludes that the
parties concerned are cooperating and determines that--
``(i) the case is extraordinarily complicated by reason
of--
``(I) the novelty of the issues presented, or
``(II) the nature and extent of the information required,
and
``(ii) additional time is necessary to make the preliminary
determination, or
``(B) a party to the investigation requests an extension
and demonstrates good cause for the extension,
then the administering authority may postpone the time for
making its preliminary determination.
``(2) Length of postponement.--The preliminary
determination may be postponed under paragraph (1)(A) or (B)
until not later than the 190th day after--
``(A) the date of delivery of the foreign like vessel, if
subsection (b)(1)(B) applies,
``(B) the date of delivery of the subject vessel, if
subsection (b)(1)(C) applies, or
``(C) the date on which the administering authority
initiates an investigation under section 802, in a case in
which subsection (b)(1)(D) applies.
``(3) Notice of postponement.--The administering authority
shall notify the parties to the investigation, not later than
20 days before the date on which the preliminary
determination would otherwise be required under subsection
(b)(1), if it intends to postpone making the preliminary
determination under paragraph (1). The notification shall
include an explanation of the reasons for the postponement,
and notice of the postponement shall be published in the
Federal Register.
``(d) Effect of Determination by the Administering
Authority.--If the preliminary determination of the
administering authority under subsection (b) is affirmative,
the administering authority shall--
``(1) determine an estimated injurious pricing margin, and
``(2) make available to the Commission all information upon
which its determination was based and which the Commission
considers relevant to its injury determination,
[[Page 1359]]
under such procedures as the administering authority and the
Commission may establish to prevent disclosure, other than
with the consent of the party providing it or under
protective order, of any information to which confidential
treatment has been given by the administering authority.
``(e) Notice of Determination.--Whenever the Commission or
the administering authority makes a determination under this
section, the Commission or the administering authority, as
the case may be, shall notify the petitioner, and other
parties to the investigation, and the Commission or the
administering authority (whichever is appropriate) of its
determination. The administering authority shall include with
such notification the facts and conclusions on which its
determination is based. Not later than 5 days after the date
on which the determination is required to be made under
subsection (a)(2), the Commission shall transmit to the
administering authority the facts and conclusions on which
its determination is based.
``SEC. 804. TERMINATION OR SUSPENSION OF INVESTIGATION.
``(a) Termination of Investigation Upon Withdrawal of
Petition.--
``(1) In general.--Except as provided in paragraph (2), an
investigation under this subtitle may be terminated by either
the administering authority or the Commission, after notice
to all parties to the investigation, upon withdrawal of the
petition by the petitioner.
``(2) Limitation on termination by commission.--The
Commission may not terminate an investigation under paragraph
(1) before a preliminary determination is made by the
administering authority under section 803(b).
``(b) Termination of Investigations Initiated by
Administering Authority.--The administering authority may
terminate any investigation initiated by the administering
authority under section 802(a) after providing notice of such
termination to all parties to the investigation.
``(c) Alternate Equivalent Remedy.--The criteria set forth
in subparagraphs (A) through (D) of section 806(e)(1) shall
apply to any agreement that forms the basis for termination
of an investigation under subsection (a) or (b).
``(d) Proceedings by WTO Members.--
``(1) Suspension of investigation.--The administering
authority and the Commission shall suspend an investigation
under this section if a WTO member that is not a Shipbuilding
Agreement Party initiates an antidumping proceeding described
in section 861(29)(A) with respect to the sale of the subject
vessel.
``(2) Termination of investigation.--If an antidumping
proceeding described in paragraph (1) is concluded by--
``(A) the imposition of antidumping measures, or
``(B) a negative determination with respect to whether the
sale is at less than fair value or with respect to injury,
the administering authority and the Commission shall
terminate the investigation under this section.
``(3) Continuation of investigation.--(A) If such a
proceeding--
``(i) is concluded by a result other than a result
described in paragraph (2), or
``(ii) is not concluded within one year from the date of
the initiation of the proceeding,
then the administering authority and the Commission shall
terminate the suspension and continue the investigation. The
period in which the investigation was suspended shall not be
included in calculating deadlines applicable with respect to
the investigation.
``(B) Notwithstanding subparagraph (A)(ii), if the
proceeding is concluded by a result described in paragraph
(2)(A), the administering authority and the Commission shall
terminate the investigation under this section.
``SEC. 805. FINAL DETERMINATIONS.
``(a) Determinations by Administering Authority.--
``(1) In general.--Within 75 days after the date of its
preliminary determination under section 803(b), the
administering authority shall make a final determination of
whether the vessel which is the subject of the investigation
has been sold in the United States at less than its fair
value.
``(2) Extension of period for determination.--(A) The
administering authority may postpone making the final
determination under paragraph (1) until not later than 290
days after--
``(i) the date of delivery of the foreign like vessel, in
an investigation to which section 803(b)(1)(B) applies,
``(ii) the date of delivery of the subject vessel, in an
investigation to which section 803(b)(1)(C) applies, or
``(iii) the date on which the administering authority
initiates the investigation under section 802, in an
investigation to which section 803(b)(1)(D) applies.
``(B) The administering authority may apply subparagraph
(A) if a request in writing is made by--
``(i) the producer of the subject vessel, in a proceeding
in which the preliminary determination by the administering
authority under section 803(b) was affirmative, or
``(ii) the petitioner, in a proceeding in which the
preliminary determination by the administering authority
under section 803(b) was negative.
``(3) De minimis injurious pricing margin.--In making a
determination under this subsection, the administering
authority shall disregard any injurious pricing margin that
is de minimis as defined in section 803(b)(2).
``(b) Final Determination by Commission.--
``(1) In general.--The Commission shall make a final
determination of whether--
``(A) an industry in the United States--
``(i) is or has been materially injured, or
``(ii) is threatened with material injury, or
``(B) the establishment of an industry in the United States
is or has been materially retarded,
by reason of the sale of the vessel with respect to which the
administering authority has made an affirmative determination
under subsection (a)(1).
``(2) Period for injury determination following affirmative
preliminary determination by administering authority.--If the
preliminary determination by the administering authority
under section 803(b) is affirmative, then the Commission
shall make the determination required by paragraph (1) before
the later of--
``(A) the 120th day after the day on which the
administering authority makes its affirmative preliminary
determination under section 803(b), or
``(B) the 45th day after the day on which the administering
authority makes its affirmative final determination under
subsection (a).
``(3) Period for injury determination following negative
preliminary determination by administering authority.--If the
preliminary determination by the administering authority
under section 803(b) is negative, and its final determination
under subsection (a) is affirmative, then the final
determination by the Commission under this subsection shall
be made within 75 days after the date of that affirmative
final determination.
``(c) Effect of Final Determinations.--
``(1) Effect of affirmative determination by the
administering authority.--If the determination of the
administering authority under subsection (a) is affirmative,
then the administering authority shall--
``(A) make available to the Commission all information upon
which such determination was based and which the Commission
considers relevant to its determination, under such
procedures as the administering authority and the Commission
may establish to prevent disclosure, other than with the
consent of the party providing it or under protective order,
of any information to which confidential treatment has been
given by the administering authority, and
``(B) calculate an injurious pricing charge in an amount
equal to the amount by which the normal value exceeds the
export price of the subject vessel.
``(2) Issuance of order; effect of negative
determination.--If the determinations of the administering
authority and the Commission under subsections (a)(1) and
(b)(1) are affirmative, then the administering authority
shall issue an injurious pricing order under section 806. If
either of such determinations is negative, the investigation
shall be terminated upon the publication of notice of that
negative determination.
``(d) Publication of Notice of Determinations.--Whenever
the administering authority or the Commission makes a
determination under this section, it shall notify the
petitioner, other parties to the investigation, and the other
agency of its determination and of the facts and conclusions
of law upon which the determination is based, and it shall
publish notice of its determination in the Federal Register.
``(e) Correction of Ministerial Errors.--The administering
authority shall establish procedures for the correction of
ministerial errors in final determinations within a
reasonable time after the determinations are issued under
this section. Such procedures shall ensure opportunity for
interested parties to present their views regarding any such
errors. As used in this subsection, the term `ministerial
error' includes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting from
inaccurate copying, duplication, or the like, and any other
type of unintentional error which the administering authority
considers ministerial.
``SEC. 806. IMPOSITION AND COLLECTION OF INJURIOUS PRICING
CHARGE.
``(a) In General.--Within 10 days after being notified by
the Commission of an affirmative determination under section
805(b), the administering authority shall publish an order
imposing an injurious pricing charge on the foreign producer
of the subject vessel which--
``(1) directs the foreign producer of the subject vessel to
pay to the Secretary of the Treasury, or the designee of the
Secretary, within 180 days from the date of publication of
the order, an injurious pricing charge in an amount equal to
the amount by which the normal value exceeds the export price
of the subject vessel,
``(2) includes the identity and location of the foreign
producer and a description of the subject vessel, in such
detail as the administering authority deems necessary, and
``(3) informs the foreign producer that--
``(A) failure to pay the injurious pricing charge in a
timely fashion may result in the imposition of
countermeasures with respect to that producer under section
807,
``(B) payment made after the deadline described in
paragraph (1) shall be subject to interest charges at the
Commercial Interest Reference Rate (CIRR), and
``(C) the foreign producer may request an extension of the
due date for payment under subsection (b).
[[Page 1360]]
``(b) Extension of Due Date for Payment in Extraordinary
Circumstances.--
``(1) Extension.--Upon request, the administering authority
may amend the order under subsection (a) to set a due date
for payment or payments later than the date that is 180 days
from the date of publication of the order, if the
administering authority determines that full payment in 180
days would render the producer insolvent or would be
incompatible with a judicially supervised reorganization.
When an extended payment schedule provides for a series of
partial payments, the administering authority shall specify
the circumstances under which default on one or more payments
will result in the imposition of countermeasures.
``(2) Interest charges.--If a request is granted under
paragraph (1), payments made after the date that is 180 days
from the publication of the order shall be subject to
interest charges at the CIRR.
``(c) Notification of Order.--The administering authority
shall deliver a copy of the order requesting payment to the
foreign producer of the subject vessel and to an appropriate
representative of the government of the exporting country.
``(d) Revocation of Order.--The administering authority--
``(1) may revoke an injurious pricing order if the
administering authority determines that producers accounting
for substantially all of the capacity to produce a domestic
like vessel have expressed a lack of interest in the order,
and
``(2) shall revoke an injurious pricing order--
``(A) if the sale of the vessel that was the subject of the
injurious pricing determination is voided,
``(B) if the injurious pricing charge is paid in full,
including any interest accrued for late payment,
``(C) upon full implementation of an alternative equivalent
remedy described in subsection (e), or
``(D) if, with respect to the vessel sale that was at issue
in the investigation that resulted in the injurious pricing
order, an antidumping proceeding conducted by a WTO member
who is not a Shipbuilding Agreement Party has been completed
and resulted in the imposition of antidumping measures.
``(e) Alternative Equivalent Remedy.--
``(1) Agreement for alternate remedy.--The administering
authority may suspend an injurious pricing order if the
administering authority enters into an agreement with the
foreign producer subject to the order on an alternative
equivalent remedy, that the administering authority
determines--
``(A) is at least as effective a remedy as the injurious
pricing charge,
``(B) is in the public interest,
``(C) can be effectively monitored and enforced, and
``(D) is otherwise consistent with the domestic law and
international obligations of the United States.
``(2) Prior consultations and submission of comments.--
Before entering into an agreement under paragraph (1), the
administering authority shall consult with the industry, and
provide for the submission of comments by interested parties,
with respect to the agreement.
``(3) Material violations of agreement.--If the injurious
pricing order has been suspended under paragraph (1), and the
administering authority determines that the foreign producer
concerned has materially violated the terms of the agreement
under paragraph (1), the administering authority shall
terminate the suspension.
``SEC. 807. IMPOSITION OF COUNTERMEASURES.
``(a) General Rule.--
``(1) Issuance of order imposing countermeasures.--Unless
an injurious pricing order is revoked or suspended under
section 806 (d) or (e), the administering authority shall
issue an order imposing countermeasures.
``(2) Contents of order.--The countermeasure order shall--
``(A) state that, as provided in section 468, a permit to
lade or unlade passengers or merchandise may not be issued
with respect to vessels contracted to be built by the foreign
producer of the vessel with respect to which an injurious
pricing order was issued under section 806, and
``(B) specify the scope and duration of the prohibition on
the issuance of a permit to lade or unlade passengers or
merchandise.
``(b) Notice of Intent To Impose Countermeasures.--
``(1) General rule.--The administering authority shall
issue a notice of intent to impose countermeasures not later
than 30 days before the expiration of the time for payment
specified in the injurious pricing order (or extended payment
provided for under section 806(b)), and shall publish the
notice in the Federal Register within 7 days after issuing
the notice.
``(2) Elements of the notice of intent.--The notice of
intent shall contain at least the following elements:
``(A) Scope.--A permit to lade or unlade passengers or
merchandise may not be issued with respect to any vessel--
``(i) built by the foreign producer subject to the proposed
countermeasures, and
``(ii) with respect to which the material terms of sale are
established within a period of 4 consecutive years beginning
on the date that is 30 days after publication in the Fedeal
Register of the notice of intent described in paragraph (1).
``(B) Duration.--For each vessel described in subparagraph
(A), a permit to lade or unlade passengers or merchandise may
not be issued for a period of 4 years after the date of
delivery of the vessel.
``(c) Determination To Impose Countermeasures; Order.--
``(1) General rule.--The administering authority shall,
within the time specified in paragraph (2), issue a
determination and order imposing countermeasures.
``(2) Time for determination.--The determination shall be
issued within 90 days after the date on which the notice of
intent to impose countermeasures under subsection (b) is
published in the Federal Register. The administering
authority shall publish the determination, and the order
described in paragraph (4), in the Federal Register within 7
days after issuing the final determination, and shall provide
a copy of the determination and order to the Customs Service.
``(3) Content of the determination.--In the determination
imposing countermeasures, the administering authority shall
determine whether, in light of all of the circumstances, an
interested party has demonstrated that the scope or duration
of the countermeasures described in subsection (b)(2) should
be narrower or shorter than the scope or duration set forth
in the notice of intent to impose countermeasures.
``(4) Order.--At the same time it issues its determination,
the administering authority shall issue an order imposing
countermeasures, consistent with its determination.
``(d) Administrative Review of Determination To Impose
Countermeasures.--
``(1) Request for review.--Each year, in the anniversary
month of the issuance of the order imposing countermeasures
under subsection (c), the administering authority shall
publish in the Federal Register a notice providing that
interested parties may request--
``(A) a review of the scope or duration of the
countermeasures determined under subsection (c)(3), and
``(B) a hearing in connection with such a review.
``(2) Review.--If a proper request has been received under
paragraph (1), the administering authority shall--
``(A) publish notice of initiation of a review in the
Federal Register not later than 15 days after the end of the
anniversary month of the issuance of the order imposing
countermeasures, and
``(B) review and determine whether the requesting party has
demonstrated that the scope or duration of the
countermeasures is excessive in light of all of the
circumstances.
``(3) Time for review.--The administering authority shall
make its determination under paragraph (2)(B) within 90 days
after the date on which the notice of initiation of the
review is published. If the determination under paragraph
(2)(B) is affirmative, the administering authority shall
amend the order accordingly. The administering authority
shall promptly publish the determination and any amendment to
the order in the Federal Register, and shall provide a copy
of any amended order to the Customs Service. In extraordinary
circumstances, the administering authority may extend the
time for its determination under paragraph (2)(B) to not
later than 150 days after the date on which the notice of
initiation of the review is published.
``(e) Extension of Countermeasures.--
``(1) Request for extension.--Within the time described in
paragraph (2), an interested party may file with the
administering authority a request that the scope or duration
of countermeasures be extended.
``(2) Deadline for request for extension.--
``(A) Request for extension beyond 4 years.--If the request
seeks an extension that would cause the scope or duration of
countermeasures to exceed 4 years, including any prior
extensions, the request for extension under paragraph (1)
shall be filed not earlier than the date that is 15 months,
and not later than the date that is 12 months, before the
date that marks the end of the period that specifies the
vessels that fall within the scope of the order by virtue of
the establishment of material terms of sale within that
period.
``(B) Other requests.--If the request seeks an extension
under paragraph (1) other than one described in subparagraph
(A), the request shall be filed not earlier than the date
that is 6 months, and not later than a date that is 3 months,
before the date that marks the end of the period referred to
in subparagraph (A).
``(3) Determination.--
``(A) Notice of request for extension.--If a proper request
has been received under paragraph (1), the administering
authority shall publish notice of initiation of an extension
proceeding in the Federal Register not later than 15 days
after the applicable deadline in paragraph (2) for requesting
the extension.
``(B) Procedures.--
``(i) Requests for extension beyond 4 years.--If paragraph
(2)(A) applies to the request, the administering authority
shall consult with the Trade Representative under paragraph
(4).
``(ii) Other requests.--If paragraph (2)(B) applies to the
request, the administering authority shall determine, within
90 days after the date on which the notice of initiation of
the proceeding is published, whether the requesting party has
demonstrated that the scope or duration of the
countermeasures is inadequate in light of all of the
circumstances. If the administering authority determines that
an extension is warranted, it shall amend the countermeasure
order accordingly. The administering authority shall promptly
publish the determination and any amendment to the order in
the Federal Reg
[[Page 1361]]
ister, and shall provide a copy of any amended order to the
Customs Service.
``(4) Consultation with trade representative.--If paragraph
(3)(B)(i) applies, the administering authority shall consult
with the Trade Representative concerning whether it would be
appropriate to request establishment of a dispute settlement
panel under the Shipbuilding Agreement for the purpose of
seeking authorization to extend the scope or duration of
countermeasures for a period in excess of 4 years.
``(5) Decision not to request panel.--If, based on
consultations under paragraph (4), the Trade Representative
decides not to request establishment of a panel, the Trade
Representative shall inform the party requesting the
extension of the countermeasures of the reasons for its
decision in writing. The decision shall not be subject to
judicial review.
``(6) Panel proceedings.--If, based on consultations under
paragraph (4), the Trade Representative requests the
establishment of a panel under the Shipbuilding Agreement to
authorize an extension of the period of countermeasures, and
the panel authorizes such an extension, the administering
authority shall promptly amend the countermeasure order. The
administering authority shall publish notice of the amendment
in the Federal Register.
``(f) List of Vessels Subject to Countermeasures.--
``(1) General rule.--At least once during each 12-month
period beginning on the anniversary date of a determination
to impose countermeasures under this section, the
administering authority shall publish in the Federal Register
a list of all delivered vessels subject to countermeasures
under the determination.
``(2) Content of list.--The list under paragraph (1) shall
include the following information for each vessel, to the
extent the information is available:
``(A) The name and general description of the vessel.
``(B) The vessel identification number.
``(C) The shipyard where the vessel was constructed.
``(D) The last-known registry of the vessel.
``(E) The name and address of the last-known owner of the
vessel.
``(F) The delivery date of the vessel.
``(G) The remaining duration of countermeasures on the
vessel.
``(H) Any other identifying information available.
``(3) Amendment of list.---The administering authority may
amend the list from time to time to reflect new information
that comes to its attention and shall publish any amendments
in the Federal Register.
``(4) Service of list and amendments.--(A) The
administering authority shall serve a copy of the list
described in paragraph (1) on--
``(i) the petitioner under section 802(b),
``(ii) the United States Customs Service,
``(iii) the Secretariat of the Organization for Economic
Cooperation and Development,
``(iv) the owners of vessels on the list,
``(v) the shipyards on the list, and
``(vi) the government of the country in which a shipyard on
the list is located.
``(B) The administering authority shall serve a copy of any
amendments to the list under paragraph (3) or subsection
(g)(3) on--
``(i) the parties listed in clauses (i), (ii), and (iii) of
subparagraph (A), and,
``(ii) if the amendment affects their interests, the
parties listed in clauses (iv), (v), and (vi) of subparagraph
(A).
``(g) Administrative Review of List of Vessels Subject to
Countermeasures.--
``(1) Request for review.--(A) An interested party may
request in writing a review of the list described in
subsection (f)(1), including any amendments thereto, to
determine whether--
``(i) a vessel included in the list does not fall within
the scope of the applicable countermeasure order and should
be deleted, or
``(ii) a vessel not included in the list falls within the
scope of the applicable countermeasure order and should be
added.
``(B) Any request seeking a determination described in
subparagraph (A)(i) shall be made within 90 days after the
date of publication of the applicable list.
``(2) Review.--If a proper request for review has been
received, the administering authority shall--
``(A) publish notice of initiation of a review in the
Federal Register--
``(i) not later than 15 days after the request is received,
or
``(ii) if the request seeks a determination described in
paragraph (1)(A)(i), not later than 15 days after the
deadline described in paragraph (1)(B), and
``(B) review and determine whether the requesting party has
demonstrated that--
``(i) a vessel included in the list does not qualify for
such inclusion, or
``(ii) a vessel not included in the list qualifies for
inclusion.
``(3) Time for determination.--The administering authority
shall make its determination under paragraph (2)(B) within 90
days after the date on which the notice of initiation of such
review is published. If the administering authority
determines that a vessel should be added or deleted from the
list, the administering authority shall amend the list
accordingly. The administering authority shall promptly
publish in the Federal Register the determination and any
such amendment to the list.
``(h) Expiration of Countermeasures.--Upon expiration of a
countermeasure order imposed under this section, the
administering authority shall promptly publish a notice of
the expiration in the Federal Register.
``(i) Suspension or Termination of Proceedings or
Countermeasures; Temporary Reduction of Countermeasures.--
``(1) If injurious pricing order revoked or suspended.--If
an injurious pricing order has been revoked or suspended
under section 806(d) or (e), the administering authority
shall, as appropriate, suspend or terminate proceedings under
this section with respect to that order, or suspend or revoke
a countermeasure order issued with respect to that injurious
pricing order.
``(2) If payment date amended.--(A) Subject to subparagraph
(C), if the payment date under an injurious pricing order is
amended under section 845, the administering authority shall,
as appropriate, suspend proceedings or modify deadlines under
this section, or suspend or amend a countermeasure order
issued with respect to that injurious pricing order.
``(B) In taking action under subparagraph (A), the
administering authority shall ensure that countermeasures are
not applied before the date that is 30 days after publication
in the Federal Register of the amended payment date.
``(C) If--
``(i) a countermeasure order is issued under subsection (c)
before an amendment is made under section 845 to the payment
date of the injurious pricing order to which the
countermeasure order applies, and
``(ii) the administering authority determines that the
period of time between the original payment date and the
amended payment date is significant for purposes of
determining the appropriate scope or duration of
countermeasures,
the administering authority may, in lieu of acting under
subparagraph (A), reinstitute proceedings under subsection
(c) for purposes of issuing a new determination under that
subsection.
``(j) Comment and Hearing.--In the course of any proceeding
under subsection (c), (d), (e), or (g), the administering
authority--
``(1) shall solicit comments from interested parties, and
``(2)(A) in a proceeding under subsection (c) or (d), upon
the request of an interested party, shall hold a hearing in
accordance with section 841(b) in connection with that
proceeding, or
``(B) in a proceeding under subsection (e) or (g), upon the
request of an interested party, may hold a hearing in
accordance with section 841(b) in connection with that
proceeding.
``SEC. 808. INJURIOUS PRICING PETITIONS BY THIRD COUNTRIES.
``(a) Filing of Petition.--The government of a Shipbuilding
Agreement Party may file with the Trade Representative a
petition requesting that an investigation be conducted to
determine if--
``(1) a vessel from another Shipbuilding Agreement Party
has been sold in the United States at less than fair value,
and
``(2) an industry, in the petitioning country, producing or
capable of producing a like vessel is materially injured by
reason of such sale.
``(b) Initiation.--The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the Parties Group
under the Shipbuilding Agreement, shall determine whether to
initiate an investigation described in subsection (a).
``(c) Determinations.--Upon initiation of an investigation
under subsection (a), the Trade Representative shall request
the following determinations be made in accordance with
substantive and procedural requirements specified by the
Trade Representative, notwithstanding any other provision of
this title:
``(1) The administering authority shall determine whether
the subject vessel has been sold at less than fair value.
``(2) The Commission shall determine whether an industry in
the petitioning country is materially injured by reason of
the sale of the subject vessel in the United States.
``(d) Public Comment.--An opportunity for public comment
shall be provided, as appropriate--
``(1) by the Trade Representative, in making the
determinations required by subsection (b), and
``(2) by the administering authority and the Commission, in
making the determinations required by subsection (c).
``(e) Issuance of Order.--If the administering authority
makes an affirmative determination under paragraph (1) of
subsection (c), and the Commission makes an affirmative
determination under paragraph (2) of subsection (c), the
administering authority shall--
``(1) order an injurious pricing charge in accordance with
section 806, and
``(2) make such determinations and take such other actions
as are required by sections 806 and 807, as if affirmative
determinations had been made under subsections (a) and (b) of
section 805.
``(f) Reviews of Determinations.--For purposes of review
under section 516B, if an order is issued under subsection
(e)--
``(1) the final determinations of the administering
authority and the Commission under subsection (c) shall be
treated as final determinations made under section 805, and
``(2) determinations of the administering authority under
subsection (e)(2) shall be treated as determinations made
under section 806 or 807, as the case may be.
[[Page 1362]]
``(g) Access to Information.--Section 843 shall apply to
investigations under this section, to the extent specified by
the Trade Representative, after consultation with the
administering authority and the Commission.
``SEC. 809. THIRD COUNTRY SALES.
``(a) Filing of Petition.--Any interested party that would
be eligible to file a petition under section 802(b)(1) with
respect to a sale if such sale had been to a United States
buyer may, with respect to a sale of a vessel by a foreign
producer in a Shipbuilding Agreement Party to a buyer in a
third country that is a Shipbuilding Agreement Party, file
with the Trade Representative a petition alleging that--
``(1) such vessel has been sold at less than fair value;
and
``(2) the industry in the United States producing or
capable of producing a like vessel is materially injured by
reason of such sale.
``(b) Determination.--Upon receipt of a petition under
subsection (a), the Trade Representative shall request the
following determinations to be made in accordance with
substantive and procedural requirements specified by the
Trade Representative, notwithstanding any other provision of
this title:
``(1) The administering authority shall determine whether
there is reasonable cause to believe that the subject vessel
has been sold at less than fair value.
``(2) The Commission shall determine whether there is
reasonable cause to believe that the industry in the United
States is materially injured by reason of such sale.
``(c) Complaint by Trade Representative.--If the
administering authority makes an affirmative determination
under paragraph (1) of subsection (b), and the Commission
makes an affirmative determination under paragraph (2) of
subsection (b), the Trade Representative shall make
application to the country of the buyer of the subject vessel
for an injurious pricing action and relief similar to that
available under section 808. The Trade Representative shall
advise the petitioner of the proceedings undertaken by the
third country in response to such application and shall
permit the petitioner to participate in such proceedings to
the greatest extent practicable.
``Subtitle B--Special Rules
``SEC. 821. EXPORT PRICE.
``(a) Export Price.--For purposes of this title, the term
`export price' means the price at which the subject vessel is
first sold (or agreed to be sold) by or for the account of
the foreign producer of the subject vessel to an unaffiliated
United States buyer. The term `sold (or agreed to be sold) by
or for the account of the foreign producer' includes any
transfer of an ownership interest, including by way of lease
or long-term bareboat charter, in conjunction with the
original transfer from the producer, either directly or
indirectly, to a United States buyer.
``(b) Adjustments to Export Price.--The price used to
establish export price shall be--
``(1) increased by the amount of any import duties imposed
by the country of exportation which have been rebated, or
which have not been collected, by reason of the exportation
of the subject vessel, and
``(2) reduced by--
``(A) the amount, if any, included in such price,
attributable to any additional costs, charges, or expenses
which are incident to bringing the subject vessel from the
shipyard in the exporting country to the place of delivery,
``(B) the amount, if included in such price, of any export
tax, duty, or other charge imposed by the exporting country
on the exportation of the subject vessel, and
``(C) all other expenses incidental to placing the vessel
in condition for delivery to the buyer.
``SEC. 822. NORMAL VALUE.
``(a) Determination.--In determining under this title
whether a subject vessel has been sold at less than fair
value, a fair comparison shall be made between the export
price and normal value of the subject vessel. In order to
achieve a fair comparison with the export price, normal value
shall be determined as follows:
``(1) Determination of normal value.--
``(A) In general.--The normal value of the subject vessel
shall be the price described in subparagraph (B), at a time
reasonably corresponding to the time of the sale used to
determine the export price under section 821(a).
``(B) Price.--The price referred to in subparagraph (A)
is--
``(i) the price at which a foreign like vessel is first
sold in the exporting country, in the ordinary course of
trade and, to the extent practicable, at the same level of
trade, or
``(ii) in a case to which subparagraph (C) applies, the
price at which a foreign like vessel is so sold for
consumption in a country other than the exporting country or
the United States, if--
``(I) such price is representative, and
``(II) the administering authority does not determine that
the particular market situation in such other country
prevents a proper comparison with the export price.
``(C) Third country sales.--This subparagraph applies
when--
``(i) a foreign like vessel is not sold in the exporting
country as described in subparagraph (B)(i), or
``(ii) the particular market situation in the exporting
country does not permit a proper comparison with the export
price.
``(D) Contemporaneous sale.--For purposes of subparagraph
(A), `a time reasonably corresponding to the time of the
sale' means within 3 months before or after the sale of the
subject vessel or, in the absence of such sales, such longer
period as the administering authority determines would be
appropriate.
``(2) Fictitious markets.--No pretended sale, and no sale
intended to establish a fictitious market, shall be taken
into account in determining normal value.
``(3) Use of constructed value.--If the administering
authority determines that the normal value of the subject
vessel cannot be determined under paragraph (1)(B) or (1)(C),
then the normal value of the subject vessel shall be the
constructed value of that vessel, as determined under
subsection (e).
``(4) Indirect sales.--If a foreign like vessel is sold
through an affiliated party, the price at which the foreign
like vessel is sold by such affiliated party may be used in
determining normal value.
``(5) Adjustments.--The price described in paragraph (1)(B)
shall be--
``(A) reduced by--
``(i) the amount, if any, included in the price described
in paragraph (1)(B), attributable to any costs, charges, and
expenses incident to bringing the foreign like vessel from
the shipyard to the place of delivery to the purchaser,
``(ii) the amount of any taxes imposed directly upon the
foreign like vessel or components thereof which have been
rebated, or which have not been collected, on the subject
vessel, but only to the extent that such taxes are added to
or included in the price of the foreign like vessel, and
``(iii) the amount of all other expenses incidental to
placing the foreign like vessel in condition for delivery to
the buyer, and
``(B) increased or decreased by the amount of any
difference (or lack thereof) between the export price and the
price described in paragraph (1)(B) (other than a difference
for which allowance is otherwise provided under this section)
that is established to the satisfaction of the administering
authority to be wholly or partly due to--
``(i) physical differences between the subject vessel and
the vessel used in determining normal value, or
``(ii) other differences in the circumstances of sale.
``(6) Adjustments for level of trade.--The price described
in paragraph (1)(B) shall also be increased or decreased to
make due allowance for any difference (or lack thereof)
between the export price and the price described in paragraph
(1)(B) (other than a difference for which allowance is
otherwise made under this section) that is shown to be wholly
or partly due to a difference in level of trade between the
export price and normal value, if the difference in level of
trade--
``(A) involves the performance of different selling
activities, and
``(B) is demonstrated to affect price comparability, based
on a pattern of consistent price differences between sales at
different levels of trade in the country in which normal
value is determined.
In a case described in the preceding sentence, the amount of
the adjustment shall be based on the price differences
between the two levels of trade in the country in which
normal value is determined.
``(7) Adjustments to constructed value.--Constructed value
as determined under subsection (d) may be adjusted, as
appropriate, pursuant to this subsection.
``(b) Sales at Less Than Cost of Production.--
``(1) Determination; sales disregarded.--Whenever the
administering authority has reasonable grounds to believe or
suspect that the sale of the foreign like vessel under
consideration for the determination of normal value has been
made at a price which represents less than the cost of
production of the foreign like vessel, the administering
authority shall determine whether, in fact, such sale was
made at less than the cost of production. If the
administering authority determines that the sale was made at
less than the cost of production and was not at a price which
permits recovery of all costs within 5 years, such sale may
be disregarded in the determination of normal value. Whenever
such a sale is disregarded, normal value shall be based on
another sale of a foreign like vessel in the ordinary course
of trade. If no sales made in the ordinary course of trade
remain, the normal value shall be based on the constructed
value of the subject vessel.
``(2) Definitions and special rules.--For purposes of this
subsection:
``(A) Reasonable grounds to believe or suspect.--There are
reasonable grounds to believe or suspect that the sale of a
foreign like vessel was made at a price that is less than the
cost of production of the vessel, if an interested party
described in subparagraph (C), (D), (E), or (F) of section
861(17) provides information, based upon observed prices or
constructed prices or costs, that the sale of the foreign
like vessel under consideration for the determination of
normal value has been made at a price which represents less
than the cost of production of the vessel.
``(B) Recovery of costs.--If the price is below the cost of
production at the time of sale but is above the weighted
average cost of production for the period of investigation,
such price shall be considered to provide for recovery of
costs within 5 years.
``(3) Calculation of cost of production.--For purposes of
this section, the cost of production shall be an amount equal
to the sum of--
``(A) the cost of materials and of fabrication or other
processing of any kind em
[[Page 1363]]
ployed in producing the foreign like vessel, during a period
which would ordinarily permit the production of that vessel
in the ordinary course of business, and
``(B) an amount for selling, general, and administrative
expenses based on actual data pertaining to the production
and sale of the foreign like vessel by the producer in
question.
For purposes of subparagraph (A), if the normal value is
based on the price of the foreign like vessel sold in a
country other than the exporting country, the cost of
materials shall be determined without regard to any internal
tax in the exporting country imposed on such materials or on
their disposition which are remitted or refunded upon
exportation.
``(c) Nonmarket Economy Countries.--
``(1) In general.--If--
``(A) the subject vessel is produced in a nonmarket economy
country, and
``(B) the administering authority finds that available
information does not permit the normal value of the subject
vessel to be determined under subsection (a),
the administering authority shall determine the normal value
of the subject vessel on the basis of the value of the
factors of production utilized in producing the vessel and to
which shall be added an amount for general expenses and
profit plus the cost of expenses incidental to placing the
vessel in a condition for delivery to the buyer. Except as
provided in paragraph (2), the valuation of the factors of
production shall be based on the best available information
regarding the values of such factors in a market economy
country or countries considered to be appropriate by the
administering authority.
``(2) Exception.--If the administering authority finds that
the available information is inadequate for purposes of
determining the normal value of the subject vessel under
paragraph (1), the administering authority shall determine
the normal value on the basis of the price at which a vessel
that is--
``(A) comparable to the subject vessel, and
``(B) produced in one or more market economy countries that
are at a level of economic development comparable to that of
the nonmarket economy country,
is sold in other countries, including the United States.
``(3) Factors of production.--For purposes of paragraph
(1), the factors of production utilized in producing the
vessel include, but are not limited to--
``(A) hours of labor required,
``(B) quantities of raw materials employed,
``(C) amounts of energy and other utilities consumed, and
``(D) representative capital cost, including depreciation.
``(4) Valuation of factors of production.--The
administering authority, in valuing factors of production
under paragraph (1), shall utilize, to the extent possible,
the prices or costs of factors of production in one or more
market economy countries that are--
``(A) at a level of economic development comparable to that
of the nonmarket economy country, and
``(B) significant producers of comparable vessels.
``(d) Special Rule for Certain Multinational
Corporations.--Whenever, in the course of an investigation
under this title, the administering authority determines
that--
``(1) the subject vessel was produced in facilities which
are owned or controlled, directly or indirectly, by a person,
firm, or corporation which also owns or controls, directly or
indirectly, other facilities for the production of a foreign
like vessel which are located in another country or
countries,
``(2) subsection (a)(1)(C) applies, and
``(3) the normal value of a foreign like vessel produced in
one or more of the facilities outside the exporting country
is higher than the normal value of the foreign like vessel
produced in the facilities located in the exporting country,
the administering authority shall determine the normal value
of the subject vessel by reference to the normal value at
which a foreign like vessel is sold from one or more
facilities outside the exporting country. The administering
authority, in making any determination under this subsection,
shall make adjustments for the difference between the costs
of production (including taxes, labor, materials, and
overhead) of the foreign like vessel produced in facilities
outside the exporting country and costs of production of the
foreign like vessel produced in facilities in the exporting
country, if such differences are demonstrated to its
satisfaction.
``(e) Constructed Value.--
``(1) In general.--For purposes of this title, the
constructed value of a subject vessel shall be an amount
equal to the sum of--
``(A) the cost of materials and fabrication or other
processing of any kind employed in producing the subject
vessel, during a period which would ordinarily permit the
production of the vessel in the ordinary course of business,
and
``(B)(i) the actual amounts incurred and realized by the
foreign producer of the subject vessel for selling, general,
and administrative expenses, and for profits, in connection
with the production and sale of a foreign like vessel, in the
ordinary course of trade, in the domestic market of the
country of origin of the subject vessel, or
``(ii) if actual data are not available with respect to the
amounts described in clause (i), then--
``(I) the actual amounts incurred and realized by the
foreign producer of the subject vessel for selling, general,
and administrative expenses, and for profits, in connection
with the production and sale of the same general category of
vessel in the domestic market of the country of origin of the
subject vessel,
``(II) the weighted average of the actual amounts incurred
and realized by producers in the country of origin of the
subject vessel (other than the producer of the subject
vessel) for selling, general, and administrative expenses,
and for profits, in connection with the production and sale
of a foreign like vessel, in the ordinary course of trade, in
the domestic market, or
``(III) if data is not available under subclause (I) or
(II), the amounts incurred and realized for selling, general,
and administrative expenses, and for profits, based on any
other reasonable method, except that the amount allowed for
profit may not exceed the amount normally realized by foreign
producers (other than the producer of the subject vessel) in
connection with the sale of vessels in the same general
category of vessel as the subject vessel in the domestic
market of the country of origin of the subject vessel.
The profit shall, for purposes of this paragraph, be based on
the average profit realized over a reasonable period of time
before and after the sale of the subject vessel and shall
reflect a reasonable profit at the time of such sale. For
purposes of the preceding sentence, a `reasonable period of
time' shall not, except where otherwise appropriate, exceed 6
months before, or 6 months after, the sale of the subject
vessel. In calculating profit under this paragraph, any
distortion which would result in other than a profit which is
reasonable at the time of the sale shall be eliminated.
``(2) Costs and profits based on other reasonable
methods.--When costs and profits are determined under
paragraph (1)(B)(ii)(III), such determination shall, except
where otherwise appropriate, be based on appropriate export
sales by the producer of the subject vessel or, absent such
sales, to export sales by other producers of a foreign like
vessel or the same general category of vessel as the subject
vessel in the country of origin of the subject vessel.
``(3) Costs of materials.--For purposes of paragraph
(1)(A), the cost of materials shall be determined without
regard to any internal tax in the exporting country imposed
on such materials or their disposition which are remitted or
refunded upon exportation of the subject vessel produced from
such materials.
``(f) Special Rules for Calculation of Cost of Production
and for Calculation of Constructed Value.--For purposes of
subsections (b) and (e)--
``(1) Costs.--
``(A) In general.--Costs shall normally be calculated based
on the records of the foreign producer of the subject vessel,
if such records are kept in accordance with the generally
accepted accounting principles of the exporting country and
reasonably reflect the costs associated with the production
and sale of the vessel. The administering authority shall
consider all available evidence on proper allocation of
costs, including that which is made available by the foreign
producer on a timely basis, if such allocations have been
historically used by the foreign producer, in particular for
establishing appropriate amortization and depreciation
periods, and allowances for capital expenditures and other
development costs.
``(B) Nonrecurring costs.--Costs shall be adjusted
appropriately for those nonrecurring costs that benefit
current or future production, or both.
``(C) Startup costs.--
``(i) In general.--Costs shall be adjusted appropriately
for circumstances in which costs incurred during the time
period covered by the investigation are affected by startup
operations.
``(ii) Startup operations.--Adjustments shall be made for
startup operations only where--
``(I) a producer is using new production facilities or
producing a new type of vessel that requires substantial
additional investment, and
``(II) production levels are limited by technical factors
associated with the initial phase of commercial production.
For purposes of subclause (II), the initial phase of
commercial production ends at the end of the startup period.
In determining whether commercial production levels have been
achieved, the administering authority shall consider factors
unrelated to startup operations that might affect the volume
of production processed, such as demand, seasonality, or
business cycles.
``(iii) Adjustment for startup operations.--The adjustment
for startup operations shall be made by substituting the unit
production costs incurred with respect to the vessel at the
end of the startup period for the unit production costs
incurred during the startup period. If the startup period
extends beyond the period of the investigation under this
title, the administering authority shall use the most recent
cost of production data that it reasonably can obtain,
analyze, and verify without delaying the timely completion of
the investigation. For purposes of this subparagraph, the
startup period ends at the point at which the level of
commercial production that is characteristic of the vessel,
the producer, or the industry is achieved.
``(D) Costs due to extraordinary circumstances not
included.--Costs shall not include actual costs which are due
to extraordinary circumstances (including, but not limited
to, labor disputes, fire, and natural disasters) and which
are significantly
[[Page 1364]]
over the cost increase which the shipbuilder could have
reasonably anticipated and taken into account at the time of
sale.
``(2) Transactions disregarded.--A transaction directly or
indirectly between affiliated persons may be disregarded if,
in the case of any element of value required to be
considered, the amount representing that element does not
fairly reflect the amount usually reflected in sales of a
like vessel in the market under consideration. If a
transaction is disregarded under the preceding sentence and
no other transactions are available for consideration, the
determination of the amount shall be based on the information
available as to what the amount would have been if the
transaction had occurred between persons who are not
affiliated.
``(3) Major input rule.--If, in the case of a transaction
between affiliated persons involving the production by one of
such persons of a major input to the subject vessel, the
administering authority has reasonable grounds to believe or
suspect that an amount represented as the value of such input
is less than the cost of production of such input, then the
administering authority may determine the value of the major
input on the basis of the information available regarding
such cost of production, if such cost is greater than the
amount that would be determined for such input under
paragraph (2).
``SEC. 823. CURRENCY CONVERSION.
``(a) In General.--In an injurious pricing proceeding under
this title, the administering authority shall convert foreign
currencies into United States dollars using the exchange rate
in effect on the date of sale of the subject vessel, except
that if it is established that a currency transaction on
forward markets is directly linked to a sale under
consideration, the exchange rate specified with respect to
such foreign currency in the forward sale agreement shall be
used to convert the foreign currency.
``(b) Date of Sale.--For purposes of this section, `date of
sale' means the date of the contract of sale or, where
appropriate, the date on which the material terms of sale are
otherwise established. If the material terms of sale are
significantly changed after such date, the date of sale is
the date of such change. In the case of such a change in the
date of sale, the administering authority shall make
appropriate adjustments to take into account any unreasonable
effect on the injurious pricing margin due only to
fluctuations in the exchange rate between the original date
of sale and the new date of sale.
``Subtitle C--Procedures
``SEC. 841. HEARINGS.
``(a) Upon Request.--The administering authority and the
Commission shall each hold a hearing in the course of an
investigation under this title, upon the request of any party
to the investigation, before making a final determination
under section 805.
``(b) Procedures.--Any hearing required or permitted under
this title shall be conducted after notice published in the
Federal Register, and a transcript of the hearing shall be
prepared and made available to the public. The hearing shall
not be subject to the provisions of subchapter II of chapter
5 of title 5, United States Code, or to section 702 of such
title.
``SEC. 842. DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.
``(a) In General.--If--
``(1) necessary information is not available on the record,
or
``(2) an interested party or any other person--
``(A) withholds information that has been requested by the
administering authority or the Commission under this title,
``(B) fails to provide such information by the deadlines
for the submission of the information or in the form and
manner requested, subject to subsections (b)(1) and (d) of
section 844,
``(C) significantly impedes a proceeding under this title,
or
``(D) provides such information but the information cannot
be verified as provided in section 844(g),
the administering authority and the Commission shall, subject
to section 844(c), use the facts otherwise available in
reaching the applicable determination under this title.
``(b) Adverse Inferences.--If the administering authority
or the Commission (as the case may be) finds that an
interested party has failed to cooperate by not acting to the
best of its ability to comply with a request for information
from the administering authority or the Commission, the
administering authority or the Commission (as the case may
be), in reaching the applicable determination under this
title, may use an inference that is adverse to the interests
of that party in selecting from among the facts otherwise
available. Such adverse inference may include reliance on
information derived from--
``(1) the petition, or
``(2) any other information placed on the record.
``(c) Corroboration of Secondary Information.--When the
administering authority or the Commission relies on secondary
information rather than on information obtained in the course
of an investigation under this title, the administering
authority and the Commission, as the case may be, shall, to
the extent practicable, corroborate that information from
independent sources that are reasonably at their disposal.
``SEC. 843. ACCESS TO INFORMATION.
``(a) Information Generally Made Available.--
``(1) Progress of investigation reports.--The administering
authority and the Commission shall, from time to time upon
request, inform the parties to an investigation under this
title of the progress of that investigation.
``(2) Ex parte meetings.--The administering authority and
the Commission shall maintain a record of any ex parte
meeting between--
``(A) interested parties or other persons providing factual
information in connection with a proceeding under this title,
and
``(B) the person charged with making the determination, or
any person charged with making a final recommendation to that
person, in connection with that proceeding,
if information relating to that proceeding was presented or
discussed at such meeting. The record of such an ex parte
meeting shall include the identity of the persons present at
the meeting, the date, time, and place of the meeting, and a
summary of the matters discussed or submitted. The record of
the ex parte meeting shall be included in the record of the
proceeding.
``(3) Summaries; non-proprietary submissions.--The
administering authority and the Commission shall disclose--
``(A) any proprietary information received in the course of
a proceeding under this title if it is disclosed in a form
which cannot be associated with, or otherwise be used to
identify, operations of a particular person, and
``(B) any information submitted in connection with a
proceeding which is not designated as proprietary by the
person submitting it.
``(4) Maintenance of public record.--The administering
authority and the Commission shall maintain and make
available for public inspection and copying a record of all
information which is obtained by the administering authority
or the Commission, as the case may be, in a proceeding under
this title to the extent that public disclosure of the
information is not prohibited under this chapter or exempt
from disclosure under section 552 of title 5, United States
Code.
``(b) Proprietary Information.--
``(1) Proprietary status maintained.--
``(A) In general.--Except as provided in subsection (a)(4)
and subsection (c), information submitted to the
administering authority or the Commission which is designated
as proprietary by the person submitting the information shall
not be disclosed to any person without the consent of the
person submitting the information, other than--
``(i) to an officer or employee of the administering
authority or the Commission who is directly concerned with
carrying out the investigation in connection with which the
information is submitted or any other proceeding under this
title covering the same subject vessel, or
``(ii) to an officer or employee of the United States
Customs Service who is directly involved in conducting an
investigation regarding fraud under this title.
``(B) Additional requirements.--The administering authority
and the Commission shall require that information for which
proprietary treatment is requested be accompanied by--
``(i) either--
``(I) a nonproprietary summary in sufficient detail to
permit a reasonable understanding of the substance of the
information submitted in confidence, or
``(II) a statement that the information is not susceptible
to summary, accompanied by a statement of the reasons in
support of the contention, and
``(ii) either--
``(I) a statement which permits the administering authority
or the Commission to release under administrative protective
order, in accordance with subsection (c), the information
submitted in confidence, or
``(II) a statement to the administering authority or the
Commission that the business proprietary information is of a
type that should not be released under administrative
protective order.
``(2) Unwarranted designation.--If the administering
authority or the Commission determines, on the basis of the
nature and extent of the information or its availability from
public sources, that designation of any information as
proprietary is unwarranted, then it shall notify the person
who submitted it and ask for an explanation of the reasons
for the designation. Unless that person persuades the
administering authority or the Commission that the
designation is warranted, or withdraws the designation, the
administering authority or the Commission, as the case may
be, shall return it to the party submitting it. In a case in
which the administering authority or the Commission returns
the information to the person submitting it, the person may
thereafter submit other material concerning the subject
matter of the returned information if the submission is made
within the time otherwise provided for submitting such
material.
``(c) Limited Disclosure of Certain Proprietary Information
Under Protective Order.--
``(1) Disclosure by administering authority or
commission.--
``(A) In general.--Upon receipt of an application (before
or after receipt of the information requested) which
describes in general terms the information requested and sets
forth the reasons for the request, the administering
authority or the Commission shall make all business
proprietary information presented to, or obtained by it,
during a proceeding under this title (except privileged
information, classified information, and specific information
of a type for which there is
[[Page 1365]]
a clear and compelling need to withhold from disclosure)
available to all interested parties who are parties to the
proceeding under a protective order described in subparagraph
(B), regardless of when the information is submitted during
the proceeding. Customer names (other than the name of the
United States buyer of the subject vessel) obtained during
any investigation which requires a determination under
section 805(b) may not be disclosed by the administering
authority under protective order until either an order is
published under section 806(a) as a result of the
investigation or the investigation is suspended or
terminated. The Commission may delay disclosure of customer
names (other than the name of the United States buyer of the
subject vessel) under protective order during any such
investigation until a reasonable time before any hearing
provided under section 841 is held.
``(B) Protective order.--The protective order under which
information is made available shall contain such requirements
as the administering authority or the Commission may
determine by regulation to be appropriate. The administering
authority and the Commission shall provide by regulation for
such sanctions as the administering authority and the
Commission determine to be appropriate, including disbarment
from practice before the agency.
``(C) Time limitations on determinations.--The
administering authority or the Commission, as the case may
be, shall determine whether to make information available
under this paragraph--
``(i) not later than 14 days (7 days if the submission
pertains to a proceeding under section 803(a)) after the date
on which the information is submitted, or
``(ii) if--
``(I) the person submitting the information raises
objection to its release, or
``(II) the information is unusually voluminous or complex,
not later than 30 days (10 days if the submission pertains to
a proceeding under section 803(a)) after the date on which
the information is submitted.
``(D) Availability after determination.--If the
determination under subparagraph (C) is affirmative, then--
``(i) the business proprietary information submitted to the
administering authority or the Commission on or before the
date of the determination shall be made available, subject to
the terms and conditions of the protective order, on such
date, and
``(ii) the business proprietary information submitted to
the administering authority or the Commission after the date
of the determination shall be served as required by
subsection (d).
``(E) Failure to disclose.--If a person submitting
information to the administering authority refuses to
disclose business proprietary information which the
administering authority determines should be released under a
protective order described in subparagraph (B), the
administering authority shall return the information, and any
nonconfidential summary thereof, to the person submitting the
information and summary and shall not consider either.
``(2) Disclosure under court order.--If the administering
authority or the Commission denies a request for information
under paragraph (1), then application may be made to the
United States Court of International Trade for an order
directing the administering authority or the Commission, as
the case may be, to make the information available. After
notification of all parties to the investigation and after an
opportunity for a hearing on the record, the court may issue
an order, under such conditions as the court deems
appropriate, which shall not have the effect of stopping or
suspending the investigation, directing the administering
authority or the Commission to make all or a portion of the
requested information described in the preceding sentence
available under a protective order and setting forth
sanctions for violation of such order if the court finds
that, under the standards applicable in proceedings of the
court, such an order is warranted, and that--
``(A) the administering authority or the Commission has
denied access to the information under subsection (b)(1),
``(B) the person on whose behalf the information is
requested is an interested party who is a party to the
investigation in connection with which the information was
obtained or developed, and
``(C) the party which submitted the information to which
the request relates has been notified, in advance of the
hearing, of the request made under this section and of its
right to appear and be heard.
``(d) Service.--Any party submitting written information,
including business proprietary information, to the
administering authority or the Commission during a proceeding
shall, at the same time, serve the information upon all
interested parties who are parties to the proceeding, if the
information is covered by a protective order. The
administering authority or the Commission shall not accept
any such information that is not accompanied by a certificate
of service and a copy of the protective order version of the
document containing the information. Business proprietary
information shall only be served upon interested parties who
are parties to the proceeding that are subject to protective
order, except that a nonconfidential summary thereof shall be
served upon all other interested parties who are parties to
the proceeding.
``(e) Information Relating to Violations of Protective
Orders and Sanctions.--The administering authority and the
Commission may withhold from disclosure any correspondence,
private letters of reprimand, settlement agreements, and
documents and files compiled in relation to investigations
and actions involving a violation or possible violation of a
protective order issued under subsection (c), and such
information shall be treated as information described in
section 552(b)(3) of title 5, United States Code.
``(f) Opportunity for Comment by Vessel Buyers.--The
administering authority and the Commission shall provide an
opportunity for buyers of subject vessels to submit relevant
information to the administering authority concerning a sale
at less than fair value or countermeasures, and to the
Commission concerning material injury by reason of the sale
of a vessel at less than fair value.
``(g) Publication of Determinations; Requirements for Final
Determinations.--
``(1) In general.--Whenever the administering authority
makes a determination under section 802 whether to initiate
an investigation, or the administering authority or the
Commission makes a preliminary determination under section
803, a final determination under section 805, a determination
under subsection (b), (c), (d), (e)(3)(B)(ii), (g), or (i) of
section 807, or a determination to suspend an investigation
under this title, the administering authority or the
Commission, as the case may be, shall publish the facts and
conclusions supporting that determination, and shall publish
notice of that determination in the Federal Register.
``(2) Contents of notice or determination.--The notice or
determination published under paragraph (1) shall include, to
the extent applicable--
``(A) in the case of a determination of the administering
authority--
``(i) the names of the foreign producer and the country of
origin of the subject vessel,
``(ii) a description sufficient to identify the subject
vessel,
``(iii) with respect to an injurious pricing charge, the
injurious pricing margin established and a full explanation
of the methodology used in establishing such margin,
``(iv) with respect to countermeasures, the scope and
duration of countermeasures and, if applicable, any changes
thereto, and
``(v) the primary reasons for the determination, and
``(B) in the case of a determination of the Commission--
``(i) considerations relevant to the determination of
injury, and
``(ii) the primary reasons for the determination.
``(3) Additional requirements for final determinations.--In
addition to the requirements set forth in paragraph (2)--
``(A) the administering authority shall include in a final
determination under section 805 or 807(c) an explanation of
the basis for its determination that addresses relevant
arguments, made by interested parties who are parties to the
investigation, concerning the establishment of the injurious
pricing charge with respect to which the determination is
made, and
``(B) the Commission shall include in a final determination
of injury an explanation of the basis for its determination
that addresses relevant arguments that are made by interested
parties who are parties to the investigation concerning the
effects and impact on the industry of the sale of the subject
vessel.
``SEC. 844. CONDUCT OF INVESTIGATIONS.
``(a) Certification of Submissions.--Any person providing
factual information to the administering authority or the
Commission in connection with a proceeding under this title
on behalf of the petitioner or any other interested party
shall certify that such information is accurate and complete
to the best of that person's knowledge.
``(b) Difficulties in Meeting Requirements.--
``(1) Notification by interested party.--If an interested
party, promptly after receiving a request from the
administering authority or the Commission for information,
notifies the administering authority or the Commission (as
the case may be) that such party is unable to submit the
information requested in the requested form and manner,
together with a full explanation and suggested alternative
forms in which such party is able to submit the information,
the administering authority or the Commission (as the case
may be) shall consider the ability of the interested party to
submit the information in the requested form and manner and
may modify such requirements to the extent necessary to avoid
imposing an unreasonable burden on that party.
``(2) Assistance to interested parties.--The administering
authority and the Commission shall take into account any
difficulties experienced by interested parties, particularly
small companies, in supplying information requested by the
administering authority or the Commission in connection with
investigations under this title, and shall provide to such
interested parties any assistance that is practicable in
supplying such information.
``(c) Deficient Submissions.--If the administering
authority or the Commission determines that a response to a
request for information under this title does not comply with
the request, the administering authority or the Commission
(as the case may be) shall promptly inform the person
submitting the response of the nature of the deficiency and
shall, to the extent practicable, provide that person with an
opportunity to remedy or explain the deficiency in light of
the time lim
[[Page 1366]]
its established for the completion of investigations or
reviews under this title. If that person submits further
information in response to such deficiency and either--
``(1) the administering authority or the Commission (as the
case may be) finds that such response is not satisfactory, or
``(2) such response is not submitted within the applicable
time limits,
then the administering authority or the Commission (as the
case may be) may, subject to subsection (d), disregard all or
part of the original and subsequent responses.
``(d) Use of Certain Information.--In reaching a
determination under section 803, 805, or 807, the
administering authority and the Commission shall not decline
to consider information that is submitted by an interested
party and is necessary to the determination but does not meet
all the applicable requirements established by the
administering authority or the Commission if--
``(1) the information is submitted by the deadline
established for its submission,
``(2) the information can be verified,
``(3) the information is not so incomplete that it cannot
serve as a reliable basis for reaching the applicable
determination,
``(4) the interested party has demonstrated that it acted
to the best of its ability in providing the information and
meeting the requirements established by the administering
authority or the Commission with respect to the information,
and
``(5) the information can be used without undue
difficulties.
``(e) Nonacceptance of Submissions.--If the administering
authority or the Commission declines to accept into the
record any information submitted in an investigation under
this title, it shall, to the extent practicable, provide to
the person submitting the information a written explanation
of the reasons for not accepting the information.
``(f) Public Comment on Information.--Information that is
submitted on a timely basis to the administering authority or
the Commission during the course of a proceeding under this
title shall be subject to comment by other parties within
such reasonable time as the administering authority or the
Commission shall provide. The administering authority and the
Commission, before making a final determination under section
805 or 807, shall cease collecting information and shall
provide the parties with a final opportunity to comment on
the information obtained by the administering authority or
the Commission (as the case may be) upon which the parties
have not previously had an opportunity to comment. Comments
containing new factual information shall be disregarded.
``(g) Verification.--The administering authority shall
verify all information relied upon in making a final
determination under section 805.
``SEC. 845. ADMINISTRATIVE ACTION FOLLOWING SHIPBUILDING
AGREEMENT PANEL REPORTS.
``(a) Action by United States International Trade
Commission.--
``(1) Advisory report.--If a dispute settlement panel
under the Shipbuilding Agreement finds in a report that an
action by the Commission in connection with a particular
proceeding under this title is not in conformity with the
obligations of the United States under the Shipbuilding
Agreement, the Trade Representative may request the
Commission to issue an advisory report on whether this title
permits the Commission to take steps in connection with the
particular proceeding that would render its action not
inconsistent with the findings of the panel concerning those
obligations. The Trade Representative shall notify the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate of such request.
``(2) Time limits for report.--The Commission shall
transmit its report under paragraph (1) to the Trade
Representative within 30 calendar days after the Trade
Representative requests the report.
``(3) Consultations on request for commission
determination.--If a majority of the Commissioners issues an
affirmative report under paragraph (1), the Trade
Representatives shall consult with the congressional
committees listed in paragraph (1) concerning the matter.
``(4) Commission determination.--Notwithstanding any other
provision of this title, if a majority of the Commissioners
issues an affirmative report under paragraph (1), the
Commission, upon the written request of the Trade
Representative, shall issue a determination in connection
with the particular proceeding that would render the
Commission's action described in paragraph (1) not
inconsistent with the findings of the panel. The Commission
shall issue its determination not later than 120 calendar
days after the request from the Trade Representative is made.
``(5) Consultations on implementation of commission
determination.--The Trade Representative shall consult with
the congressional committees listed in paragraph (1) before
the Commission's determination under paragraph (4) is
implemented.
``(6) Revocation of order.--If, by virtue of the
Commission's determination under paragraph (4), an injurious
pricing order is no longer supported by an affirmative
Commission determination under this title, the Trade
Representative may, after consulting with the congressional
committees under paragraph (5), direct the administering
authority to revoke the injurious pricing order.
``(b) Action by Administering Authority.--
``(1) Consultations with administering authority and
congressional committees.--Promptly after a report or other
determination by a dispute settlement panel under the
Shipbuilding Agreement is issued that contains findings
that--
``(A) an action by the administering authority in a
proceeding under this title is not in conformity with the
obligations of the United States under the Shipbuilding
Agreement,
``(B) the due date for payment of an injurious pricing
charge contained in an order issued under section 806 should
be amended,
``(C) countermeasures provided for in an order issued under
section 807 should be provisionally suspended or reduced
pending the final decision of the panel, or
``(D) the scope or duration of countermeasures imposed
under section 807 should be narrowed or shortened,
the Trade Representative shall consult with the administering
authority and the congressional committees listed in
subsection (a)(1) on the matter.
``(2) Determination by administering authority.--
Notwithstanding any other provision of this title, the
administering authority shall, in response to a written
request from the Trade Representative, issue a determination,
or an amendment to or suspension of an injurious pricing or
countermeasure order, as the case may be, in connection with
the particular proceeding that would render the administering
authority's action described in paragraph (1) not
inconsistent with the findings of the panel.
``(3) Time limits for determinations.--The administering
authority shall issue its determination, amendment, or
suspension under paragraph (2)--
``(A) with respect to a matter described in subparagraph
(A) of paragraph (1), within 180 calendar days after the
request from the Trade Representative is made, and
``(B) with respect to a matter described in subparagraph
(B), (C), or (D) of paragraph (1), within 15 calendar days
after the request from the Trade Representative is made.
``(4) Consultations before implementation.--Before the
administering authority implements any determination,
amendment, or suspension under paragraph (2), the Trade
Representative shall consult with the administering authority
and the congressional committees listed in subsection (a)(1)
with respect to such determination, amendment, or suspension.
``(5) Implementation of determination.--The Trade
Representative may, after consulting with the administering
authority and the congressional committees under paragraph
(4), direct the administering authority to implement, in
whole or in part, the determination, amendment, or suspension
made under paragraph (2).
``(6) Implementation of determination; notice of
implementation.--The administering authority shall implement
the determination, amendment, or suspension under paragraph
(2)--
``(A) with respect to a matter described in subparagraph
(A) of paragraph (1), only if the injurious pricing margin
determined under paragraph (2) differs from the injurious
pricing margin in the determination reviewed by the panel,
and
``(B) with respect to a matter described in subparagraph
(B), (C), or (D) of paragraph (1), upon issuance of the
determination, amendment, or suspension under paragraph (2).
The administering authority shall publish notice of such
implementation in the Federal Register.
``(c) Opportunity for Comment by Interested Parties.--
Before issuing a determination, amendment, or suspension, the
administering authority, in a matter described in subsection
(b)(1)(A), or the Commission, in a matter described in
subsection (a)(1), as the case may be, shall provide
interested parties with an opportunity to submit written
comments and, in appropriate cases, may hold a hearing, with
respect to the determination.
``Subtitle D--Definitions
``SEC. 861. DEFINITIONS.
``For purposes of this title:
``(1) Administering authority.--The term `administering
authority' means the Secretary of Commerce, or any other
officer of the United States to whom the responsibility for
carrying out the duties of the administering authority under
this title are transferred by law.
``(2) Commission.--The term `Commission' means the United
States International Trade Commission.
``(3) Country.--The term `country' means a foreign country,
a political subdivision, dependent territory, or possession
of a foreign country and, except as provided in paragraph
(16)(E)(iii), may not include an association of 2 or more
foreign countries, political subdivisions, dependent
territories, or possessions of countries into a customs union
outside the United States.
``(4) Industry.--
``(A) In general.--Except as used in section 808, the term
`industry' means the producers as a whole of a domestic like
vessel, or those producers whose collective capability to
produce a domestic like vessel constitutes a major proportion
of the total domestic capability to produce a domestic like
vessel.
``(B) Producer.--A `producer' of a domestic like vessel
includes an entity that is producing the domestic like vessel
and an entity with the capability to produce the domestic
like vessel.
[[Page 1367]]
``(C) Capability to produce a domestic like vessel.--A
producer has the `capability to produce a domestic like
vessel' if it is capable of producing a domestic like vessel
with its present facilities or could adapt its facilities in
a timely manner to produce a domestic like vessel.
``(D) Related parties.--(i) In an investigation under this
title, if a producer of a domestic like vessel and the
foreign producer, seller (other than the foreign producer),
or United States buyer of the subject vessel are related
parties, or if a producer of a domestic like vessel is also a
United States buyer of the subject vessel, the domestic
producer may, in appropriate circumstances, be excluded from
the industry.
``(ii) For purposes of clause (i), a domestic producer and
the foreign producer, seller, or United States buyer shall be
considered to be related parties, if--
``(I) the domestic producer directly or indirectly controls
the foreign producer, seller or United States buyer,
``(II) the foreign producer, seller, or United States buyer
directly or indirectly controls the domestic producer,
``(III) a third party directly or indirectly controls the
domestic producer and the foreign producer, seller, or United
States buyer, or
``(IV) the domestic producer and the foreign producer,
seller, or United States buyer directly or indirectly control
a third party and there is reason to believe that the
relationship causes the producer to act differently than a
nonrelated producer.
For purposes of this subparagraph, a party shall be
considered to directly or indirectly control another party if
the party is legally or operationally in a position to
exercise restraint or direction over the other party.
``(E) Product lines.--In an investigation under this title,
the effect of the sale of the subject vessel shall be
assessed in relation to the United States production (or
production capability) of a domestic like vessel if available
data permit the separate identification of production (or
production capability) in terms of such criteria as the
production process or the producer's profits. If the domestic
production (or production capability) of a domestic like
vessel has no separate identity in terms of such criteria,
then the effect of the sale shall be assessed by the
examination of the production (or production capability) of
the narrowest group or range of vessels, which includes a
domestic like vessel, for which the necessary information can
be provided.
``(5) Buyer.--The term `buyer' means any person who
acquires an ownership interest in a vessel, including by way
of lease or long-term bareboat charter, in conjunction with
the original transfer from the producer, either directly or
indirectly, including an individual or company which owns or
controls a buyer. There may be more than one buyer of any one
vessel.
``(6) United states buyer.--The term `United States buyer'
means a buyer that is any of the following:
``(A) A United States citizen.
``(B) A juridical entity, including any corporation,
company, association, or other organization, that is legally
constituted under the laws and regulations of the United
States or a political subdivision thereof, regardless of
whether the entity is organized for pecuniary gain, privately
or government owned, or organized with limited or unlimited
liability.
``(C) A juridical entity that is owned or controlled by
nationals or entities described in subparagraphs (A) and (B).
For the purposes of this subparagraph--
``(i) the term `own' means having more than a 50 percent
interest, and
``(ii) the term `control' means the actual ability to have
substantial influence on corporate behavior, and control is
presumed to exist where there is at least a 25 percent
interest.
If ownership of a company is established under clause (i),
other control is presumed not to exist unless it is otherwise
established.
``(7) Ownership interest.--An `ownership interest' in a
vessel includes any contractual or proprietary interest which
allows the beneficiary or beneficiaries of such interest to
take advantage of the operation of the vessel in a manner
substantially comparable to the way in which an owner may
benefit from the operation of the vessel. In determining
whether such substantial comparability exists, the
administering authority shall consider--
``(A) the terms and circumstances of the transaction which
conveys the interest,
``(B) commercial practice,
``(C) whether the vessel subject to the transaction is
integrated into the operations of the beneficiary or
beneficiaries, and
``(D) whether in practice there is a likelihood that the
beneficiary or beneficiaries of such interests will take
advantage of and the risk for the operation of the vessel for
a significant part of the life-time of the vessel.
``(8) Vessel.--
``(A) In general.--Except as otherwise specifically
provided under international agreements, the term `vessel'
means--
``(i) a self-propelled seagoing vessel of 100 gross tons or
more used for transportation of goods or persons or for
performance of a specialized service (including, but not
limited to, ice breakers and dredgers), and
``(ii) a tug of 365 kilowatts or more,
that is produced in a Shipbuilding Agreement Party or a
country that is not a Shipbuilding Agreement Party and not a
WTO member.
``(B) Exclusions.--The term `vessel' does not include--
``(i) any fishing vessel destined for the fishing fleet of
the country in which the vessel is built,
``(ii) any military vessel,
``(iii) a military reserve vessel, and
``(iv) any vessel sold before the date that the
Shipbuilding Agreement enters into force with respect to the
United States, except that any vessel sold after December 21,
1994, for delivery more than 5 years after the date of the
contract of sale shall be a `vessel' for purposes of this
title unless the shipbuilder demonstrates to the
administering authority that the extended delivery date was
for normal commercial reasons and not to avoid applicability
of this title.
``(C) Self-propelled seagoing vessel.--A vessel is `self-
propelled seagoing' if its permanent propulsion and steering
provide it all the characteristics of self-navigability in
the high seas.
``(D) Military vessel.--A `military vessel' is a vessel
which, according to its basic structural characteristics and
ability, is intended to be used exclusively for military
purposes.
``(E) Military reserve vessel.--A `military reserve vessel'
is a vessel that has been constructed with national defense
features and characteristics required by the Secretary of
Defense for the purpose of supporting the United States Armed
Forces in a contingency.
``(9) Like vessel.--The term `like vessel' means a vessel
of the same type, same purpose, and approximate size as the
subject vessel and possessing characteristics closely
resembling those of the subject vessel.
``(10) Domestic like vessel.--The term `domestic like
vessel' means a like vessel produced in the United States.
``(11) Foreign like vessel.--Except as used in section
822(e)(1)(B)(ii)(II), the term `foreign like vessel' means a
like vessel produced by the foreign producer of the subject
vessel for sale in the producer's domestic market or in a
third country.
``(12) Same general category of vessel.--The term `same
general category of vessel' means a vessel of the same type
and purpose as the subject vessel, but of a significantly
different size.
``(13) Subject vessel.--The term `subject vessel' means a
vessel subject to investigation under section 801, 808, or
809.
``(14) Foreign producer.--The term `foreign producer' means
the producer or producers of the subject vessel.
``(15) Exporting country.--The term `exporting country'
means the country in which the subject vessel was built.
``(16) Material injury.--
``(A) In general.--The term `material injury' means harm
which is not inconsequential, immaterial, or unimportant.
``(B) Sale and consequent impact.--In making determinations
under sections 803(a) and 805(b), the Commission in each
case--
``(i) shall consider--
``(I) the sale of the subject vessel,
``(II) the effect of the sale of the subject vessel on
prices in the United States for a domestic like vessel, and
``(III) the impact of the sale of the subject vessel on
domestic producers of the domestic like vessel, but only in
the context of production operations within the United
States, and
``(ii) may consider such other economic factors as are
relevant to the determination regarding whether there is or
has been material injury by reason of the sale of the subject
vessel.
In the notification required under section 805(d), the
Commission shall explain its analysis of each factor
considered under clause (i), and identify each factor
considered under clause (ii) and explain in full its
relevance to the determination.
``(C) Evaluation of relevant factors.--For purposes of
subparagraph (B)--
``(i) Sale of the subject vessel.--In evaluating the sale
of the subject vessel, the Commission shall consider whether
the sale, either in absolute terms or relative to production
or demand in the United States, in terms of either volume or
value, is or has been significant.
``(ii) Price.--In evaluating the effect of the sale of the
subject vessel on prices, the Commission shall consider
whether--
``(I) there has been significant price underselling of the
subject vessel as compared with the price of a domestic like
vessel, and
``(II) the effect of the sale of the subject vessel
otherwise depresses or has depressed prices to a significant
degree or prevents or has prevented price increases, which
otherwise would have occurred, to a significant degree.
``(iii) Impact on affected domestic industry.--In examining
the impact required to be considered under subparagraph
(B)(i)(III), the Commission shall evaluate all relevant
economic factors which have a bearing on the state of the
industry in the United States, including, but not limited
to--
``(I) actual and potential decline in output, sales, market
share, profits, productivity, return on investments, and
utilization of capacity,
``(II) factors affecting domestic prices, including with
regard to sales,
``(III) actual and potential negative effects on cash flow,
employment, wages, growth, ability to raise capital, and
investment,
``(IV) actual and potential negative effects on the
existing development and production efforts of the domestic
industry, including
[[Page 1368]]
efforts to develop a derivative or more advanced version of a
domestic like vessel, and
``(V) the magnitude of the injurious pricing margin.
The Commission shall evaluate all relevant economic factors
described in this clause within the context of the business
cycle and conditions of competition that are distinctive to
the affected industry.
``(D) Standard for determination.--The presence or absence
of any factor which the Commission is required to evaluate
under subparagraph (C) shall not necessarily give decisive
guidance with respect to the determination by the Commission
of material injury.
``(E) Threat of material injury.--
``(i) In general.--In determining whether an industry in
the United States is threatened with material injury by
reason of the sale of the subject vessel, the Commission
shall consider, among other relevant economic factors--
``(I) any existing unused production capacity or imminent,
substantial increase in production capacity in the exporting
country indicating the likelihood of substantially increased
sales of a foreign like vessel to United States buyers,
taking into account the availability of other export markets
to absorb any additional exports,
``(II) whether the sale of a foreign like vessel or other
factors indicate the likelihood of significant additional
sales to United States buyers,
``(III) whether sale of the subject vessel or sale of a
foreign like vessel by the foreign producer are at prices
that are likely to have a significant depressing or
suppressing effect on domestic prices, and are likely to
increase demand for further sales,
``(IV) the potential for product-shifting if production
facilities in the exporting country, which can presently be
used to produce a foreign like vessel or could be adapted in
a timely manner to produce a foreign like vessel, are
currently being used to produce other types of vessels,
``(V) the actual and potential negative effects on the
existing development and production efforts of the domestic
industry, including efforts to develop a derivative or more
advanced version of a domestic like vessel, and
``(VI) any other demonstrable adverse trends that indicate
the probability that there is likely to be material injury by
reason of the sale of the subject vessel.
``(ii) Basis for determination.--The Commission shall
consider the factors set forth in clause (i) as a whole. The
presence or absence of any factor which the Commission is
required to consider under clause (i) shall not necessarily
give decisive guidance with respect to the determination.
Such a determination may not be made on the basis of mere
conjecture or supposition.
``(iii) Effect of injurious pricing in third-country
markets.--
``(I) In general.--The Commission shall consider whether
injurious pricing in the markets of foreign countries (as
evidenced by injurious pricing findings or injurious pricing
remedies of other Shipbuilding Agreement Parties, or
antidumping determinations of, or measures imposed by, other
countries, against a like vessel produced by the producer
under investigation) suggests a threat of material injury to
the domestic industry. In the course of its investigation,
the Commission shall request information from the foreign
producer or United States buyer concerning this issue.
``(II) European communities.--For purposes of this clause,
the European Communities as a whole shall be treated as a
single foreign country.
``(F) Cumulation for determining material injury.--
``(i) In general.--For purposes of clauses (i) and (ii) of
subparagraph (C), and subject to clause (ii) of this
subparagraph, the Commission shall cumulatively assess the
effects of sales of foreign like vessels from all foreign
producers with respect to which--
``(I) petitions were filed under section 802(b) on the same
day,
``(II) investigations were initiated under section 802(a)
on the same day, or
``(III) petitions were filed under section 802(b) and
investigations were initiated under section 802(a) on the
same day,
if, with respect to such vessels, the foreign producers
compete with each other and with producers of a domestic like
vessel in the United States market.
``(ii) Exceptions.--The Commission shall not cumulatively
assess the effects of sales under clause (i)--
``(I) with respect to which the administering authority has
made a preliminary negative determination, unless the
administering authority subsequently made a final affirmative
determination with respect to those sales before the
Commission's final determination is made, or
``(II) from any producer with respect to which the
investigation has been terminated.
``(iii) Records in final investigations.--In each final
determination in which it cumulatively assesses the effects
of sales under clause (i), the Commission may make its
determinations based on the record compiled in the first
investigation in which it makes a final determination, except
that when the administering authority issues its final
determination in a subsequently completed investigation, the
Commission shall permit the parties in the subsequent
investigation to submit comments concerning the significance
of the administering authority's final determination, and
shall include such comments and the administering authority's
final determination in the record for the subsequent
investigation.
``(G) Cumulation for determining threat of material
injury.--To the extent practicable and subject to
subparagraph (F)(ii), for purposes of clause (i) (II) and
(III) of subparagraph (E), the Commission may cumulatively
assess the effects of sales of like vessels from all
countries with respect to which--
``(i) petitions were filed under section 802(b) on the same
day,
``(ii) investigations were initiated under section 802(a)
on the same day, or
``(iii) petitions were filed under section 802(b) and
investigations were initiated under section 802(a) on the
same day,
if, with respect to such vessels, the foreign producers
compete with each other and with producers of a domestic like
vessel in the United States market.
``(17) Interested party.--The term `interested party'
means, in a proceeding under this title--
``(A)(i) the foreign producer, seller (other than the
foreign producer), and the United States buyer of the subject
vessel, or
``(ii) a trade or business association a majority of the
members of which are the foreign producer, seller, or United
States buyer of the subject vessel,
``(B) the government of the country in which the subject
vessel is produced or manufactured,
``(C) a producer that is a member of an industry,
``(D) a certified union or recognized union or group of
workers which is representative of an industry,
``(E) a trade or business association a majority of whose
members are producers in an industry,
``(F) an association, a majority of whose members is
composed of interested parties described in subparagraph (C),
(D), or (E), and
``(G) for purposes of section 807, a purchaser who, after
the effective date of an order issued under that section,
entered into a contract of sale with the foreign producer
that is subject to the order.
``(18) Affirmative determinations by divided commission.--
If the Commissioners voting on a determination by the
Commission are evenly divided as to whether the determination
should be affirmative or negative, the Commission shall be
deemed to have made an affirmative determination. For the
purpose of applying this paragraph when the issue before the
Commission is to determine whether there is or has been--
``(A) material injury to an industry in the United States,
``(B) threat of material injury to such an industry, or
``(C) material retardation of the establishment of an
industry in the United States,
by reason of the sale of the subject vessel, an affirmative
vote on any of the issues shall be treated as a vote that the
determination should be affirmative.
``(19) Ordinary course of trade.--The term `ordinary course
of trade' means the conditions and practices which, for a
reasonable time before the sale of the subject vessel, have
been normal in the shipbuilding industry with respect to a
like vessel. The administering authority shall consider the
following sales and transactions, among others, to be outside
the ordinary course of trade:
``(A) Sales disregarded under section 822(b)(1).
``(B) Transactions disregarded under section 822(f)(2).
``(20) Nonmarket economy country.--
``(A) In general.--The term `nonmarket economy country'
means any foreign country that the administering authority
determines does not operate on market principles of cost or
pricing structures, so that sales of vessels in such country
do not reflect the fair value of the vessels.
``(B) Factors to be considered.--In making determinations
under subparagraph (A) the administering authority shall take
into account--
``(i) the extent to which the currency of the foreign
country is convertible into the currency of other countries,
``(ii) the extent to which wage rates in the foreign
country are determined by free bargaining between labor and
management,
``(iii) the extent to which joint ventures or other
investments by firms of other foreign countries are permitted
in the foreign country,
``(iv) the extent of government ownership or control of the
means of production,
``(v) the extent of government control over the allocation
of resources and over the price and output decisions of
enterprises, and
``(vi) such other factors as the administering authority
considers appropriate.
``(C) Determination in effect.--
``(i) Any determination that a foreign country is a
nonmarket economy country shall remain in effect until
revoked by the administering authority.
``(ii) The administering authority may make a determination
under subparagraph (A) with respect to any foreign country at
any time.
``(D) Determinations not in issue.--Notwithstanding any
other provision of law, any determination made by the
administering authority under subparagraph (A) shall not be
subject to judicial review in any investigation conducted
under subtitle A.
``(21) Shipbuilding agreement.--The term `Shipbuilding
Agreement' means The Agreement Respecting Normal Competitive
Conditions in the Commercial Shipbuilding and Repair
Industry, resulting from negotiations
[[Page 1369]]
under the auspices of the Organization for Economic
Cooperation and Development, and entered into on December 21,
1994.
``(22) Shipbuilding agreement party.--The term
`Shipbuilding Agreement Party' means a state or separate
customs territory that is a Party to the Shipbuilding
Agreement, and with respect to which the United States
applies the Shipbuilding Agreement.
``(23) WTO agreement.--The term `WTO Agreement' means the
Agreement defined in section 2(9) of the Uruguay Round
Agreements Act.
``(24) WTO member.--The term `WTO member' means a state, or
separate customs territory (within the meaning of Article XII
of the WTO Agreement), with respect to which the United
States applies the WTO Agreement.
``(25) Trade representative.--The term `Trade
Representative' means the United States Trade Representative.
``(26) Affiliated persons.--The following persons shall be
considered to be `affiliated' or `affiliated persons':
``(A) Members of a family, including brothers and sisters
(whether by the whole or half blood), spouse, ancestors, and
lineal descendants.
``(B) Any officer or director of an organization and such
organization.
``(C) Partners.
``(D) Employer and employee.
``(E) Any person directly or indirectly owning,
controlling, or holding with power to vote, 5 percent or more
of the outstanding voting stock or shares of any
organization, and such organization.
``(F) Two or more persons directly or indirectly
controlling, controlled by, or under common control with, any
person.
``(G) Any person who controls any other person, and such
other person.
For purposes of this paragraph, a person shall be considered
to control another person if the person is legally or
operationally in a position to exercise restraint or
direction over the other person.
``(27) Injurious pricing.--The term `injurious pricing'
refers to the sale of a vessel at less than fair value.
``(28) Injurious pricing margin.--
``(A) In general.--The term `injurious pricing margin'
means the amount by which the normal value exceeds the export
price of the subject vessel.
``(B) Magnitude of the injurious pricing margin.--The
magnitude of the injurious pricing margin used by the
Commission shall be--
``(i) in making a preliminary determination under section
803(a) in an investigation (including any investigation in
which the Commission cumulatively assesses the effect of
sales under paragraph (16)(F)(i)), the injurious pricing
margin or margins published by the administering authority in
its notice of initiation of the investigation; and
``(ii) in making a final determination under section
805(b), the injurious pricing margin or margins most recently
published by the administering authority before the closing
of the Commission's administrative record.
``(29) Commercial interest reference rate.--The term
`Commercial Interest Reference Rate' or `CIRR' means an
interest rate that the administering authority determines to
be consistent with Annex III, and appendices and notes
thereto, of the Understanding on Export Credits for Ships,
resulting from negotiations under the auspices of the
Organization for Economic Cooperation, and entered into on
December 21, 1994.
``(30) Antidumping.--
``(A) WTO members.--In the case of a WTO member, the term
`antidumping' refers to action taken pursuant to the
Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994.
``(B) Other cases.--In the case of any country that is not
a WTO member, the term `antidumping' refers to action taken
by the country against the sale of a vessel at less than fair
value that is comparable to action described in subparagraph
(A).
``(31) Broad multiple bid.--The term `broad multiple bid'
means a bid in which the proposed buyer extends an invitation
to at least all the producers in the industry known by the
buyer to be capable of building the subject vessel.''.
SEC. 102. ENFORCEMENT OF COUNTERMEASURES.
Part II of title IV of the Tariff Act of 1930 is amended by
adding at the end the following:
``SEC. 468. SHIPBUILDING AGREEMENT COUNTERMEASURES.
``(a) In General.--Notwithstanding any other provision of
law, upon receiving from the Secretary of Commerce a list of
vessels subject to countermeasures under section 807, the
Customs Service shall deny any request for a permit to lade
or unlade passengers, merchandise, or baggage from or onto
those vessels so listed.
``(b) Exceptions.--Subsection (a) shall not be applied to
deny a permit for the following:
``(1) To unlade any United States citizen or permanent
legal resident alien from a vessel included in the list
described in subsection (a), or to unlade any refugee or any
alien who would otherwise be eligible to apply for asylum and
withholding of deportation under the Immigration and
Nationality Act.
``(2) To lade or unlade any crewmember of such vessel.
``(3) To lade or unlade coal and other fuel supplies (for
the operation of the listed vessel), ships' stores, sea
stores, and the legitimate equipment of such vessel.
``(4) To lade or unlade supplies for the use or sale on
such vessel.
``(5) To lade or unlade such other merchandise, baggage, or
passenger as the Customs Service shall determine necessary to
protect the immediate health, safety, or welfare of a human
being.
``(c) Correction of Ministerial or Clerical Errors.--
``(1) Petition for correction.--If the master of any vessel
whose application for a permit to lade or unlade has been
denied under this section believes that such denial resulted
from a ministerial or clerical error, not amounting to a
mistake of law, committed by any Customs officer, the master
may petition the Customs Service for correction of such
error, as provided by regulation.
``(2) Inapplicability of sections 514 and 520.--
Notwithstanding paragraph (1), imposition of countermeasures
under this section shall not be deemed an exclusion or other
protestable decision under section 514, and shall not be
subject to correction under section 520.
``(3) Petitions seeking administrative review.--Any
petition seeking administrative review of any matter
regarding the Secretary of Commerce's decision to list a
vessel under section 807 must be brought under that section.
``(d) Penalties.--In addition to any other provision of
law, the Customs Service may impose a civil penalty of not to
exceed $10,000 against the master of any vessel--
``(1) who submits false information in requesting any
permit to lade or unlade; or
``(2) who attempts to, or actually does, lade or unlade in
violation of any denial of such permit under this section.''.
SEC. 103. JUDICIAL REVIEW IN INJURIOUS PRICING AND
COUNTERMEASURE PROCEEDINGS.
(a) Judicial Review.--Part III of title IV of the Tariff
Act of 1930 is amended by inserting after section 516A the
following:
``SEC. 516B. JUDICIAL REVIEW IN INJURIOUS PRICING AND
COUNTERMEASURE PROCEEDINGS.
``(a) Review of Determination.--
``(1) In general.--Within 30 days after the date of
publication in the Federal Register of--
``(A)(i) a determination by the administering authority
under section 802(c) not to initiate an investigation,
``(ii) a negative determination by the Commission under
section 803(a) as to whether there is or has been reasonable
indication of material injury, threat of material injury, or
material retardation,
``(iii) a determination by the administering authority to
suspend or revoke an injurious pricing order under section
806(d) or (e),
``(iv) a determination by the administering authority under
section 807(c),
``(v) a determination by the administering authority in a
review under section 807(d),
``(vi) a determination by the administering authority
concerning whether to extend the scope or duration of a
countermeasure order under section 807(e)(3)(B)(ii),
``(vii) a determination by the administering authority to
amend a countermeasure order under section 807(e)(6),
``(viii) a determination by the administering authority in
a review under section 807(g),
``(ix) a determination by the administering authority under
section 807(i) to terminate proceedings, or to amend or
revoke a countermeasure order,
``(x) a determination by the administering authority under
section 845(b), with respect to a matter described in
paragraph (1)(D) of that section, or
``(B)(i) an injurious pricing order based on a
determination described in subparagraph (A) of paragraph (2),
``(ii) notice of a determination described in subparagraph
(B) of paragraph (2),
``(iii) notice of implementation of a determination
described in subparagraph (C) of paragraph (2), or
``(iv) notice of revocation of an injurious pricing order
based on a determination described in subparagraph (D) of
paragraph (2),
an interested party who is a party to the proceeding in
connection with which the matter arises may commence an
action in the United States Court of International Trade by
filing concurrently a summons and complaint, each with the
content and in the form, manner, and style prescribed by the
rules of that court, contesting any factual findings or legal
conclusions upon which the determination is based.
``(2) Reviewable determinations.--The determinations
referred to in paragraph (1)(B) are--
``(A) a final affirmative determination by the
administering authority or by the Commission under section
805, including any negative part of such a determination
(other than a part referred to in subparagraph (B)),
``(B) a final negative determination by the administering
authority or the Commission under section 805,
``(C) a determination by the administering authority under
section 845(b), with respect to a matter described in
paragraph (1)(A) of that section, and
``(D) a determination by the Commission under section
845(a) that results in the revocation of an injurious pricing
order.
``(3) Exception.--Notwithstanding the 30-day limitation
imposed by paragraph (1) with regard to an order described in
paragraph (1)(B)(i), a final affirmative determination by
[[Page 1370]]
the administering authority under section 805 may be
contested by commencing an action, in accordance with the
provisions of paragraph (1), within 30 days after the date of
publication in the Federal Register of a final negative
determination by the Commission under section 805.
``(4) Procedures and fees.--The procedures and fees set
forth in chapter 169 of title 28, United States Code, apply
to an action under this section.
``(b) Standards of Review.--
``(1) Remedy.--The court shall hold unlawful any
determination, finding, or conclusion found--
``(A) in an action brought under subparagraph (A) of
subsection (a)(1), to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law, or
``(B) in an action brought under subparagraph (B) of
subsection (a)(1), to be unsupported by substantial evidence
on the record, or otherwise not in accordance with law.
``(2) Record for review.--
``(A) In general.--For purposes of this subsection, the
record, unless otherwise stipulated by the parties, shall
consist of--
``(i) a copy of all information presented to or obtained by
the administering authority or the Commission during the
course of the administrative proceeding, including all
governmental memoranda pertaining to the case and the record
of ex parte meetings required to be kept by section
843(a)(2); and
``(ii) a copy of the determination, all transcripts or
records of conferences or hearings, and all notices published
in the Federal Register.
``(B) Confidential or privileged material.--The
confidential or privileged status accorded to any documents,
comments, or information shall be preserved in any action
under this section. Notwithstanding the preceding sentence,
the court may examine, in camera, the confidential or
privileged material, and may disclose such material under
such terms and conditions as it may order.
``(c) Standing.--Any interested party who was a party to
the proceeding under title VIII shall have the right to
appear and be heard as a party in interest before the United
States Court of International Trade in an action under this
section. The party filing the action shall notify all such
interested parties of the filing of an action under this
section, in the form, manner, and within the time prescribed
by rules of the court.
``(d) Definitions.--For purposes of this section:
``(1) Administering authority.--The term `administering
authority' has the meaning given that term in section 861(1).
``(2) Commission.--The term `Commission' means the United
States International Trade Commission.
``(3) Interested party.--The term `interested party' means
any person described in section 861(17).''.
(b) Conforming Amendments.--
(1) Jurisdiction of the court.--Section 1581(c) of title
28, United States Code, is amended by inserting ``or 516B''
after ``section 516A''.
(2) Relief.--Section 2643 of title 28, United States Code,
is amended--
(A) in subsection (c)(1) by striking ``and (5)'' and
inserting ``(5), and (6)''; and
(B) in subsection (c) by adding at the end the following
new paragraph:
``(6) In any civil action under section 516B of the Tariff
Act of 1930, the Court of International Trade may not issue
injunctions or any other form of equitable relief, except
with regard to implementation of a countermeasure order under
section 468 of that Act, upon a proper showing that such
relief is warranted.''.
TITLE II--OTHER PROVISIONS
SEC. 201. EQUIPMENT AND REPAIR OF VESSELS.
Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466), is
amended by adding at the end the following new subsection:
``(i) The duty imposed by subsection (a) shall not apply
with respect to activities occurring in a Shipbuilding
Agreement Party, as defined in section 861(22), with respect
to--
``(1) self-propelled seagoing vessels of 100 gross tons or
more that are used for transportation of goods or persons or
for performance of a specialized service (including, but not
limited to, ice breakers and dredges), and
``(2) tugs of 365 kilowatts or more.
A vessel shall be considered `self-propelled seagoing' if its
permanent propulsion and steering provide it all the
characteristics of self-navigability in the high seas.''.
SEC. 202. EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE
REMEDIES.
No person other than the United States--
(1) shall have any cause of action or defense under the
Shipbuilding Agreement or by virtue of congressional approval
of the agreement, or
(2) may challenge, in any action brought under any
provision of law, any action or inaction by any department,
agency, or other instrumentality of the United States, the
District of Columbia, any State, any political subdivision of
a State, or any territory or possession of the United States
on the ground that such action or inaction is inconsistent
with such agreement.
SEC. 203. IMPLEMENTING REGULATIONS.
After the date of the enactment of this Act, the heads of
agencies with functions under this Act and the amendments
made by this Act may issue such regulations as may be
necessary to ensure that this Act is appropriately
implemented on the date the Shipbuilding Agreement enters
into force with respect to the United States.
SEC. 204. AMENDMENTS TO THE MERCHANT MARINE ACT, 1936.
The Merchant Marine Act, 1936, is amended as follows:
(1) Section 511(a)(2) (46 App. U.S.C. 1161(a)(2)) is
amended by inserting after ``1939,'' the following: ``or, if
the vessel is a Shipbuilding Agreement vessel, constructed in
a Shipbuilding Agreement Party, but only with regard to
moneys deposited, on or after the date on which the
Shipbuilding Trade Agreement Act takes effect, into a
construction reserve fund established under subsection (b)''.
(2) Section 601(a) (46 App. U.S.C. 1171(a)) is amended by
striking ``, and that such vessel or vessels were built in
the United States, or have been documented under the laws of
the United States not later than February 1, 1928, or
actually ordered and under construction for the account of
citizens of the United States prior to such date'' and
inserting ``and that such vessel or vessels were built in the
United States, or, if the vessel or vessels are Shipbuilding
Agreement vessels, in a Shipbuilding Agreement Party''.
(3) Section 606(6) (46 App. U.S.C. 1176(6)) is amended by
inserting ``or, if the vessel is a Shipbuilding Agreement
vessel, in a Shipbuilding Agreement Party or in the United
States'' before ``, except in an emergency.''.
(4) Section 607 (46 App. U.S.C. 1177) is amended as
follows:
(A) Subsection (a) is amended by inserting ``or, if the
vessel is a Shipbuilding Agreement vessel, in a Shipbuilding
Agreement Party,'' after ``built in the United States''.
(B) Subsection (k) is amended as follows:
(i) Paragraph (1) is amended by striking subparagraph (A)
and inserting the following:
``(A)(i) constructed in the United States and, if
reconstructed, reconstructed in the United States or in a
Shipbuilding Agreement Party, or
``(ii) that is a Shipbuilding Agreement vessel and is
constructed in a Shipbuilding Agreement Party and, if
reconstructed, is reconstructed in a Shipbuilding Agreement
Party or in the United States,''.
(ii) Paragraph (2)(A) is amended to read as follows:
``(A)(i) constructed in the United States and, if
reconstructed, reconstructed in the United States or in a
Shipbuilding Agreement Party, or
``(ii) that is a Shipbuilding Agreement vessel and is
constructed in a Shipbuilding Agreement Party and, if
reconstructed, is reconstructed in a Shipbuilding Agreement
Party or in the United States, but only with regard to moneys
deposited into the fund on or after the date on which the
Shipbuilding Trade Agreement Act takes effect,''.
(5) Section 610 (46 App. U.S.C. 1180) is amended by
striking ``shall be built in a domestic yard or shall have
been documented under the laws of the United States not later
than February 1, 1928, or actually ordered and under
construction for the account of citizens of the United States
prior to such date,'' and inserting ``shall be built in the
United States or, if the vessel is a Shipbuilding Agreement
vessel, in a Shipbuilding Agreement Party,''.
(6) Section 901(b)(1) (46 App. U.S.C. 1241(b)(1)) is
amended by striking the third sentence and inserting the
following:
``For purposes of this section, the term `privately owned
United States-flag commercial vessels' shall be deemed to
include--
``(A) any privately owned United States-flag commercial
vessel constructed in the United States, and if rebuilt,
rebuilt in the United States or in a Shipbuilding Agreement
Party on or after the date on which the Shipbuilding Trade
Agreement Act takes effect, and
``(B) any privately owned vessel constructed in a
Shipbuilding Agreement Party on or after the date on which
the Shipbuilding Trade Agreement Act takes effect, and if
rebuilt, rebuilt in a Shipbuilding Agreement Party or in the
United States, that is documented pursuant to chapter 121 of
title 46, United States Code.
The term `privately owned United States-flag commercial
vessels' shall also be deemed to include any cargo vessel
that so qualified pursuant to section 615 of this Act or this
paragraph before the date on which the Shipbuilding Trade
Agreement Act takes effect. The term `privately owned United
States-flag commercial vessels' shall not be deemed to
include any liquid bulk cargo vessel that does not meet the
requirements of section 3703a of title 46, United States
Code.''.
(7) Section 905 (46 App. U.S.C. 1244) is amended by adding
at the end the following:
``(h) The term `Shipbuilding Agreement' means the Agreement
Respecting Normal Competitive Conditions in the Commercial
Shipbuilding and Repair Industry, which resulted from
negotiations under the auspices of the Organization for
Economic Cooperation and Development, and was entered into on
December 21, 1994.
``(i) The term `Shipbuilding Agreement Party' means a state
or separate customs territory that is a Party to the
Shipbuilding Agreement, and with respect to which the United
States applies the Shipbuilding Agreement.
``(j) The term `Shipbuilding Agreement vessel' means a
vessel to which the Secretary determines Article 2.1 of the
Shipbuilding Agreement applies.
``(k) The term `Export Credit Understanding' means the
Understanding on Export Credits for Ships which resulted from
negotiations under the auspices of the Organization for
Economic Cooperation and De
[[Page 1371]]
velopment and was entered into on December 21, 1994.
``(l) The term `Export Credit Understanding vessel' means a
vessel to which the Secretary determines the Export Credit
Understanding applies.''.
(8) Section 1104A (46 App. U.S.C. 1274) is amended as
follows:
(A) Paragraph (5) of subsection (b) is amended to read as
follows:
``(5) shall bear interest (exclusive of charges for the
guarantee and service charges, if any) at rates not to exceed
such percent per annum on the unpaid principal as the
Secretary determines to be reasonable, taking into account
the range of interest rates prevailing in the private market
for similar loans and the risks assumed by the Secretary,
except that, with respect to Export Credit Understanding
vessels, and Shipbuilding Agreement vessels, the obligations
shall bear interest at a rate the Secretary determines to be
consistent with obligations of the United States under the
Export Credit Understanding or the Shipbuilding Agreement, as
the case may be;''.
(B) Subsection (i) is amended to read as follows:
``(i)(1) Except as provided in paragraph (2), the Secretary
may not, with respect to--
``(A) the general 75 percent or less limitation contained
in subsection (b)(2),
``(B) the 87\1/2\ percent or less limitation contained in
the 1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or in
section 1112(b), or
``(C) the 80 percent or less limitation in the 3rd proviso
to such subsection,
establish by rule, regulation, or procedure any percentage
within any such limitation that is, or is intended to be,
applied uniformly to all guarantees or commitments to
guarantee made under this section that are subject to the
limitation.
``(2) With respect to Export Credit Understanding vessels
and Shipbuilding Agreement vessels, the Secretary may
establish by rule, regulation, or procedure a uniform
percentage that the Secretary determines to be consistent
with obligations of the United States under the Export Credit
Understanding or the Shipbuilding Agreement, as the case may
be.''.
(C) Section 1104B(b) (46 App. U.S.C. 1274a(b)) is amended
by striking the period at the end and inserting the
following:
``, except that, with respect to Export Credit Understanding
vessels and Shipbuilding Agreement vessels, the Secretary may
establish by rule, regulation, or procedure a uniform
percentage that the Secretary determines to be consistent
with obligations of the United States under the Export Credit
Understanding or the Shipbuilding Agreement, as the case may
be.''.
SEC. 205. WITHDRAWAL FROM THE AGREEMENT.
(a) Withdrawal.--
(1) Notice.--The President shall give notice, under Article
14 of the Shipbuilding Agreement, of intent of the United
States to withdraw from the Shipbuilding Agreement, as soon
as is practicable after one or more Shipbuilding Agreement
Parties give notice, under such article, of intent to
withdraw from the Shipbuilding Agreement, if paragraph (2)
applies.
(2) Tonnage of new construction in withdrawing parties.--
This paragraph applies if the combined gross tonnage of new
Shipbuilding Agreement vessels constructed in all
Shipbuilding Agreement Parties who have given notice to
withdraw from the Shipbuilding Agreement, which were
delivered in the calendar year preceding the calendar year in
which the notice is given, is 15 percent or more of the gross
tonnage of new Shipbuilding Agreement vessels that were
constructed in all Shipbuilding Agreement Parties and were
delivered in the calendar year preceding the calendar year in
which the notice is given.
(3) Termination of withdrawal.--If a Shipbuilding Agreement
Party described in paragraph (2) takes action to terminate
its withdrawal from the Shipbuilding Agreement, so that
paragraph (2) would not apply if that Party had not given the
notice to withdraw, the President may take the necessary
steps to terminate the notice of withdrawal of the United
States from the Shipbuilding Agreement.
(b) Reinstatement of Laws.--If the United States withdraws
from the Shipbuilding Agreement, on the date on which such
withdrawal becomes effective, the amendments made by section
204 shall be deemed not to have been made, and the provisions
of law amended by section 204 shall, on and after such date,
be effective as if this Act had not been enacted.
SEC. 206. APPLICABILITY OF TITLE XI AMENDMENTS.
(a) Effective Date.--
(1) In general.--Notwithstanding any provision of the
Shipbuilding Agreement or the Export Credit Understanding,
the amendments made by paragraph (8) of section 204 shall not
apply with respect to any commitment to guarantee made under
title XI of the Merchant Marine Act, 1936, before January 1,
1999, with respect to a vessel delivered--
(A) before January 1, 2002, or
(B) in the case of unusual circumstances to which paragraph
(2) applies, as soon after January 1, 2002, as is
practicable.
(2) Unusual circumstances.--This paragraph applies in a
case in which unusual circumstances beyond the control of the
parties concerned prevent the delivery of a vessel by January
1, 2002. As used in this paragraph, the term ``unusual
circumstances'' means acts of God (other than ordinary storms
or inclement weather conditions), labor strikes, acts of
sabotage, explosions, fires, or vandalism, and similar
circumstances.
SEC. 207. OTHER LAWS NOT AFFECTED.
The Shipbuilding Agreement shall not affect, directly or
indirectly, the Merchant Marine Act, 1920, the Act of June
19, 1886 (46 U.S.C. App. 289), or any other provision of law
set forth in Accompanying Note 2 to Annex II to the
Shipbuilding Agreement, and shall not provide any mechanism
to subject any producer of vessels in the United States to
financial penalties, duties, bid restrictions, unfavorable
bid preferences, or withdrawal of concessions under the GATT
1994 or other Uruguay Round Agreements, in the competition
for international commercial vessel construction or
reconstruction orders because of construction of vessels by
United States shipbuilders for operation in the coastwise
trade of the United States.
SEC. 208. PROTECTION OF UNITED STATES INTERESTS.
Nothing in the Shipbuilding Agreement shall be construed to
prevent the United States from taking any action which it
considers necessary for the protection of essential security
interests or from invoking its sovereign authority to define,
for purposes of exclusion from coverage under the
Shipbuilding Agreement and from any dispute or challenge
based on Annex I to the Shipbuilding Agreement, ``military
vessel'', ``military reserve vessel'', or ``essential
security interest'' on a case by case basis, as determined by
the Secretary of Defense.
SEC. 209. DEFINITIONS.
As used in this title--
(1) the terms ``Shipbuilding Agreement'', ``Shipbuilding
Agreement Party'', ``Shipbuilding Agreement vessel'', and
``Export Credit Understanding'' have the meanings given those
terms in subsections (h), (i), (j), and (k), respectively, of
section 905 of the Merchant Marine Act, 1936, as added by
section 204(7) of this Act; and
(2) the terms ``GATT 1994'' and ``Uruguay Round
Agreements'' have the meanings given those terms in section 2
of the Uruguay Round Agreements Act.
TITLE III--REVENUE OFFSET
SEC. 301. PENALTIES FOR FAILURE TO DISCLOSE POSITION THAT
CERTAIN INTERNATIONAL SHIPPING INCOME IS NOT
INCLUDIBLE IN GROSS INCOME.
(a) In General.--Section 883 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Penalties for Failure to Disclose Position That
Certain International Shipping Income Is Not Includible in
Gross Income.--
``(1) In general.--A taxpayer who, with respect to any tax
imposed by this title, takes the position that any of its
gross income derived from the international operation of a
ship or ships is not includible in gross income by reason of
subsection (a)(1) or section 872(b)(1) shall be entitled to
such treatment only if such position is disclosed (in such
manner as the Secretary may prescribe) on the return of tax
for such tax (or any statement attached to such return).
``(2) Additional penalties for failing to disclose
position.--If a taxpayer fails to meet the requirement of
paragraph (1) with respect to any taxable year--
``(A) the amount of the income from the international
operation of a ship or ships--
``(i) which is from sources without the United States, and
``(ii) which is attributable to a fixed place of business
in the United States,
shall be treated for purposes of this title as effectively
connected with the conduct of a trade or business within the
United States, and
``(B) no deductions or credits shall be allowed which are
attributable to income from the international operation of a
ship or ships.
``(3) Reasonable cause exception.--This subsection shall
not apply to a failure to disclose a position if it is shown
that such failure is due to reasonable cause and not due to
willful neglect.''
(b) Conforming Amendments.--
(1) Paragraph (1) of section 872(b) of such Code is amended
by striking ``Gross income'' and inserting ``Except as
provided in section 883(d), gross income''.
(2) Paragraph (1) of section 883(a) of such Code is amended
by striking ``Gross income'' and inserting ``Except as
provided in subsection (d), gross income''.
(c) Effective Date.--
(1) In general.--Notwithstanding section 3, the amendments
made by this section shall apply to taxable years beginning
after the later of--
(A) December 31, 1996, or
(B) the date that the Shipbuilding Agreement enters into
force with respect to the United States.
(2) Coordination with treaties.--The amendments made by
this section shall not apply in any case where their
application would be contrary to any treaty obligation of the
United States.
(d) Information To Be Provided by Customs Service.--The
United States Custom Service shall provide the Secretary of
the Treasury or his delegate with such information as may be
specified by such Secretary in order to enable such Secretary
to determine whether ships which are not registered in the
United States are engaged in transportation to or from the
United States.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
[[Page 1372]]
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Mr. DAVIS demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
325
<3-line {>
affirmative
Nays
100
para.74.7 [Roll No. 238]
AYES--325
Ackerman
Allard
Andrews
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Burr
Calvert
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (MI)
Condit
Conyers
Crane
Cremeans
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dickey
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Duncan
Durbin
Ehlers
Ehrlich
Emerson
Engel
Ensign
Eshoo
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastings (FL)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hinchey
Hoekstra
Hoke
Horn
Hostettler
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Ney
Norwood
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Pryce
Quillen
Quinn
Radanovich
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Roth
Roukema
Roybal-Allard
Sabo
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wicker
Williams
Wilson
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
NOES--100
Abercrombie
Archer
Armey
Bachus
Baker (CA)
Barr
Barton
Bevill
Boehner
Bonilla
Browder
Bunning
Burton
Callahan
Camp
Chenoweth
Chrysler
Collins (GA)
Collins (IL)
Combest
Cooley
Costello
Cox
Coyne
Cramer
Crapo
Cubin
de la Garza
DeLay
Diaz-Balart
Dicks
Doolittle
Dornan
Dunn
English
Evans
Everett
Foley
Fowler
Graham
Gunderson
Hall (TX)
Hastert
Hastings (WA)
Hilleary
Hilliard
Hobson
Holden
Hunter
Jacobs
Johnson (CT)
Johnson, Sam
Kingston
Klink
Klug
Kolbe
Lantos
Laughlin
Lewis (KY)
LoBiondo
Longley
McCrery
McDermott
Mollohan
Montgomery
Nethercutt
Neumann
Nussle
Oberstar
Obey
Pombo
Portman
Poshard
Rahall
Ramstad
Rohrabacher
Ros-Lehtinen
Rose
Royce
Rush
Salmon
Sanford
Schroeder
Shadegg
Smith (NJ)
Smith (WA)
Stearns
Stockman
Stump
Tanner
Taylor (MS)
Thompson
Tiahrt
Torricelli
Traficant
White
Whitfield
Wise
Yates
Zimmer
NOT VOTING--9
Buyer
Edwards
Gillmor
Green (TX)
Houghton
Lincoln
McDade
Meyers
Oxley
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.74.8 providing for the consideration of h.r. 3610
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 453):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3610) making appropriations for the Department
of Defense for the fiscal year ending September 30,1997, and
for other purposes. The first reading of the bill shall be
dispensed with. Points of order against consideration of the
bill for failure to comply with clause 2(l)(6) of rule XI,
clause 7 of rule XXI, or section 302(c) of the Congressional
Budget Act of 1974 are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Appropriations. After general
debate the bill shall be considered for amendment under the
five-minute rule. Points of order against provisions in the
bill for failure to comply with clause 2 or 6 of rule XXI are
waived. Before consideration of any other amendment it shall
be in order without intervention of any point of order to
consider the amendment printed in the report of the Committee
on Rules accompanying this resolution, if offered by
Representative Young of Florida or his designee. That
amendment shall be considered as read, may amend portions of
the bill not yet read for amendment, shall be debatable for
twenty minutes equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment,
and shall not be subject to a demand for division of the
question in the House or in the Committee of the Whole. If
that amendment is adopted, the bill, as amended, shall be
considered as the original bill for the purpose of further
amendment. After disposition of that amendment, during
further consideration of the bill pursuant to this
resolution, the appropriate allocation of new discretionary
budget authority within the meaning of section 302(f)(1) of
the Congressional Budget Act of 1974 shall be
$245,065,000,000. The corresponding level of budget outlays
shall be $243,372,000,000. During further consideration of
the bill for amendment, the Chairman of the Committee of the
Whole may accord priority in recognition on the basis of
whether the Member offering an amendment has caused it to be
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Amendments so
printed shall be considered as read. The Chairman of the
Committee of the Whole may postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment. The Chairman of the
Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business, provided that
the time for voting by electronic device on the first in any
series of questions shall not be less than fifteen minutes.
After the reading of the final lines of the bill, a motion
that the Committee of the Whole rise and report the bill to
the House with such amendments as may have been adopted
shall, if offered by the majority leader or a designee, have
precedence over a motion to amend. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. DIAZ-BALART, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.74.9 dod appropriations
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
[[Page 1373]]
House Resolution 453 and rule XXIII, declared the House resolved into
the Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 3610) making appropriations for the
Department of Defense for the fiscal year ending September 30, 1997, and
for other purposes.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, by unanimous
consent, designated Mr. CAMP as Chairman of the Committee of the Whole;
and after some time spent therein,
The Committee rose informally to receive a message from the Senate.
The SPEAKER pro tempore, Mr. McCRERY, assumed the Chair.
para.74.10 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the concurrent resolution (H. Con. Res. 178)
``Concurrent resolution establishing the congressional budget for the
United States Government for fiscal year 1997 and setting forth
appropriate budgetary levels for fiscal years 1998, 1999, 2000, 2001,
and 2002.''.
The Committee resumed its sitting; and after some further time spent
therein,
para.74.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by MR. YOUNG of Florida:
On page 17, line 9, strike ``$1,044,767,000'' and insert
``$988,567,000''.
On page 17, line 10, strike all after ``1999'' through the
end of line 12, except the period.
On page 22, line 6, strike ``$4,719,930,000'' and insert
``$4,469,930,000''.
On page 24, line 17, strike ``$7,326,628,000'' and insert
``$7,274,628,000''.
On page 24, line 19, strike ``$54,700,000'' and insert
``$2,700,000''.
On page 29, line 10, strike ``$14,969,573,000'' and insert
``$14,869,573,000''.
On page 29, line 15, strike ``$1,698,486,000'' and insert
``$1,598,486,000''.
On page 82, line 6, strike ``$350,000,000''' and insert
``$400,000,000''.
On page 82, line 11, strike ``$226,400,000'' and insert
``$276,400,000''.
It was decided in the
Yeas
396
<3-line {>
affirmative
Nays
25
para.74.12 [Roll No. 239]
AYES--396
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--25
Barr
Bartlett
Bishop
Clyburn
DeLauro
Everett
Gejdenson
Geren
Hansen
Hefley
Hostettler
Hunter
Johnson, Sam
Kennedy (RI)
Kennelly
McIntosh
Meek
Montgomery
Pickett
Reed
Sisisky
Skelton
Stump
Talent
Taylor (MS)
NOT VOTING--13
Bilbray
Bonior
Callahan
Ewing
Forbes
Gillmor
Hayes
Houghton
Lincoln
Lowey
McDade
Moran
Schumer
So the amendment was agreed to.
After some further time,
para.74.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
Page 22, line 6, after the dollar amount, insert the
following: ``(reduced by $404,000,000)''.
It was decided in the
Yeas
143
<3-line {>
negative
Nays
285
para.74.14 [Roll No. 240]
AYES--143
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Boucher
Brown (CA)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Campbell
Castle
Chabot
Chapman
Clay
Clayton
Coble
Coburn
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Dingell
Doggett
Dooley
Duncan
Durbin
Ehlers
Engel
Ensign
Eshoo
Evans
Fattah
Filner
Flake
Foglietta
Foley
Ford
Frank (MA)
Franks (NJ)
Furse
Ganske
Gejdenson
Gibbons
Gunderson
Gutierrez
Gutknecht
Heineman
Hinchey
Hoekstra
Inglis
Jackson (IL)
Jacobs
Johnson (SD)
Kennedy (MA)
Kennedy (RI)
Kennelly
Klug
LaFalce
Levin
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Matsui
McCarthy
McDermott
McKinney
Meehan
Menendez
Meyers
Miller (CA)
Minge
Mink
Moakley
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Poshard
Ramstad
Rangel
Reed
Riggs
Rivers
Rohrabacher
Roukema
Roybal-Allard
Royce
Rush
Sanders
Sanford
Sawyer
Schroeder
Sensenbrenner
Serrano
Shays
Skaggs
Smith (MI)
Stark
Stenholm
Stockman
Stokes
Studds
Stupak
Thurman
Torres
Towns
Upton
Velazquez
Vento
Volkmer
Waters
Watt (NC)
[[Page 1374]]
Waxman
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--285
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (FL)
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Combest
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
English
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gekas
Gephardt
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Livingston
Longley
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meek
Metcalf
Mica
Millender-McDonald
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Sabo
Salmon
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Torkildsen
Torricelli
Traficant
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--6
Bilbray
Gillmor
Hayes
Lincoln
McDade
Schumer
So the amendment was not agreed to.
para.74.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
Page 24, line 17, after the dollar amount, insert the
following: ``(reduced by $314,100,000)''.
It was decided in the
Yeas
126
<3-line {>
negative
Nays
299
para.74.16 [Roll No. 241]
AYES--126
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Blumenauer
Borski
Brown (CA)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Campbell
Clay
Coble
Coburn
Collins (IL)
Collins (MI)
Conyers
Cooley
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Doggett
Doyle
Duncan
Durbin
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Furse
Ganske
Gephardt
Gibbons
Goodlatte
Green (TX)
Gutierrez
Heineman
Hilliard
Hoekstra
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kennedy (MA)
Kleczka
Klug
Lantos
Levin
Lewis (GA)
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Martini
McCarthy
McDermott
McKinney
Meehan
Miller (CA)
Minge
Mink
Moakley
Morella
Nadler
Neal
Neumann
Obey
Olver
Owens
Payne (NJ)
Pelosi
Porter
Ramstad
Rangel
Rivers
Rohrabacher
Roukema
Roybal-Allard
Royce
Rush
Sanders
Schroeder
Sensenbrenner
Serrano
Shays
Slaughter
Smith (MI)
Stark
Stockman
Stokes
Studds
Tiahrt
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Woolsey
Wynn
Yates
Zimmer
NOES--299
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (FL)
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lucas
Manton
Manzullo
Mascara
Matsui
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--9
Bilbray
Gillmor
Hayes
Johnson (CT)
Lincoln
Martinez
McDade
Schumer
Williams
So the amendment was not agreed to.
para.74.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
Page 29, line 10, after the dollar amount, insert the
following: ``(reduced by $1,000,000,000)''.
It was decided in the
Yeas
119
<3-line {>
negative
Nays
307
para.74.18 [Roll No. 242]
AYES--119
Barrett (WI)
Becerra
Beilenson
Blumenauer
Bonior
Borski
Brown (CA)
Brown (OH)
Brownback
Campbell
Cardin
Chapman
Clay
Collins (IL)
Collins (MI)
Conyers
Cooley
Coyne
Cummings
Danner
DeFazio
[[Page 1375]]
Dellums
Deutsch
Dingell
Doyle
Duncan
Durbin
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Furse
Gephardt
Gunderson
Gutierrez
Hilliard
Hoekstra
Holden
Jackson (IL)
Jacobs
Johnston
Kanjorski
Kennedy (MA)
Kleczka
Klink
Klug
LaFalce
Lantos
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Mascara
McCarthy
McDermott
McHale
McKinney
Meehan
Menendez
Miller (CA)
Minge
Mink
Moakley
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Petri
Rahall
Ramstad
Rangel
Rivers
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Sensenbrenner
Serrano
Shays
Skaggs
Smith (MI)
Stark
Stokes
Studds
Stupak
Torres
Towns
Upton
Velazquez
Vento
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--307
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martinez
Martini
Matsui
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Ney
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--8
Bilbray
de la Garza
Gillmor
Hayes
Lincoln
McDade
Norwood
Schumer
So the amendment was not agreed to.
After some further time,
para.74.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
Page 87, after line 3, insert the following new section:
Prohibition Against Unneeded and High Cost Acquisitions
Sec. 8095. None of the funds in this Act may be made
available for any acquisition program, project or activity
under Title III of this Act (except under the appropriation
``National Guard and Reserve Equipment'') if it is made known
to the Federal official having authority to obligate or
expend such funds that such acquisition--
(a) has no documented military requirement under
established Department of Defense procedures; and
(b) has a cost per job created of more than $100,000
according to documentation submitted to the staff of the
House National Security Committee by the military services.
It was decided in the
Yeas
101
<3-line {>
negative
Nays
319
para.74.20 [Roll No. 243]
AYES--101
Ackerman
Barcia
Barrett (WI)
Becerra
Beilenson
Blumenauer
Bonior
Brown (CA)
Brown (OH)
Bryant (TX)
Clay
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Danner
DeFazio
Dellums
Dingell
Doggett
Duncan
Durbin
Ehlers
Evans
Fattah
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gephardt
Gutierrez
Hilliard
Hinchey
Jackson (IL)
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kleczka
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
McCarthy
McDermott
McKinney
Meehan
Menendez
Miller (CA)
Minge
Mink
Nadler
Neal
Oberstar
Obey
Olver
Owens
Payne (NJ)
Pelosi
Petri
Poshard
Ramstad
Rangel
Reed
Rivers
Roukema
Roybal-Allard
Rush
Sanders
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Slaughter
Stark
Stearns
Stockman
Stokes
Studds
Stupak
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--319
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
[[Page 1376]]
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Sabo
Salmon
Sanford
Sawyer
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--14
Berman
Bevill
Bilbray
Cardin
English
Gillmor
Hayes
Lincoln
McDade
McIntosh
Moran
Saxton
Smith (NJ)
Thornton
So the amendment was not agreed to.
para.74.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. SCHROEDER:
At the end of the bill (before the short title), add the
following new section.
Sec. . The amount of appropriations provided by this Act
is hereby reduced by $6,572,000.
It was decided in the
Yeas
148
<3-line {>
negative
Nays
265
para.74.22 [Roll No. 244]
AYES--148
Ackerman
Allard
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Blumenauer
Blute
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Campbell
Chrysler
Clay
Clayton
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cummings
Danner
DeFazio
Dellums
Deutsch
Dingell
Doggett
Dooley
Doyle
Duncan
Durbin
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (NJ)
Furse
Gephardt
Green (TX)
Gutierrez
Hall (TX)
Hilliard
Hinchey
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Mascara
McCarthy
McDermott
McHale
McKinney
Meehan
Menendez
Miller (CA)
Minge
Mink
Moakley
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pomeroy
Poshard
Ramstad
Rangel
Rivers
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Stark
Stenholm
Stokes
Studds
Stupak
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--265
Abercrombie
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
de la Garza
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martinez
Matsui
McCollum
McCrery
McInnis
McKeon
McNulty
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Rahall
Reed
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--21
Bevill
Bilbray
Cardin
Clinger
Cox
Davis
English
Gillmor
Gonzalez
Hayes
King
Lincoln
McDade
McHugh
McIntosh
Meek
Moran
Quinn
Saxton
Smith (NJ)
Thornton
So the amendment was not agreed to.
para.74.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SHAYS:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . New budget authority provided in this Act shall be
available for obligation in fiscal year 1997 only to the
extent that obligation thereof will not cause the total
obligation of new budget authority provided in this Act for
all operations and agencies to exceed $243,251,297,000, which
amount corresponds to the new budget authority that was
provided in the Department of Defense Appropriations Act,
1996.
It was decided in the
Yeas
194
<3-line {>
negative
Nays
219
para.74.24 [Roll No. 245]
AYES--194
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Blumenauer
Blute
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Camp
Campbell
Castle
Chabot
Chapman
Chrysler
Clay
Clayton
Collins (IL)
Collins (MI)
Condit
Costello
Coyne
Cummings
Danner
Deal
DeFazio
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Ehlers
Engel
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Ford
Fox
Frank (MA)
Franks (NJ)
Furse
Ganske
Gephardt
Gilchrest
Goodlatte
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hilliard
Hinchey
Hoekstra
Hoke
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kingston
Kleczka
Klug
LaFalce
LaHood
Lantos
Latham
LaTourette
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Mascara
McCarthy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Morella
Nadler
Neal
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Poshard
Ramstad
Rangel
Riggs
Rivers
Roemer
Rohrabacher
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Smith (MI)
Smith (WA)
Spratt
Stark
Stokes
Studds
Stupak
Thurman
Tiahrt
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Volkmer
Wamp
Waters
Watt (NC)
Waxman
Weller
[[Page 1377]]
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--219
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Chambliss
Chenoweth
Christensen
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
de la Garza
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Dreier
Dunn
Edwards
Ehrlich
Emerson
Everett
Fields (TX)
Forbes
Fowler
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Geren
Gibbons
Gilman
Gonzalez
Goodling
Goss
Graham
Greene (UT)
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kennedy (RI)
Kennelly
Kildee
Kim
Klink
Knollenberg
Kolbe
Largent
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martinez
Matsui
McCollum
McCrery
McKeon
Meek
Meyers
Mica
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Norwood
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Pryce
Quillen
Radanovich
Rahall
Reed
Regula
Richardson
Roberts
Rogers
Ros-Lehtinen
Rose
Royce
Salmon
Sawyer
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Torkildsen
Traficant
Visclosky
Vucanovich
Walker
Walsh
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--21
Ackerman
Bevill
Bilbray
Cardin
Clinger
Conyers
Cunningham
Davis
English
Gillmor
Hayes
Johnson, E.B.
King
Lincoln
McDade
McHugh
McIntosh
Quinn
Saxton
Souder
Thornton
So the amendment was not agreed to.
After some further time,
para.74.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as amended, submitted by Mr.
DeFAZIO:
At the end of the bill (before the short title), insert the
following new section:
Sec. . None of the funds provided in this Act for the
National Missile Defense program may be obligated for the
deployment of space-based interceptors or space-based
directed-energy weapons.
It was decided in the
Yeas
190
<3-line {>
negative
Nays
208
para.74.26 [Roll No. 246]
AYES--190
Abercrombie
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Blumenauer
Blute
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Castle
Clay
Clayton
Clement
Clyburn
Coble
Collins (IL)
Collins (MI)
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (NJ)
Frost
Furse
Ganske
Gejdenson
Gephardt
Goodling
Gordon
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hinchey
Hoekstra
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Manton
Martini
Mascara
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moran
Morella
Nadler
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Skelton
Slaughter
Smith (MI)
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Whitfield
Williams
Wise
Woolsey
Wynn
Zimmer
NOES--208
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Gekas
Gibbons
Gilchrest
Gilman
Gingrich
Gonzalez
Goodlatte
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martinez
McCollum
McCrery
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myrick
Nethercutt
Neumann
Norwood
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Traficant
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Wolf
Young (AK)
Young (FL)
NOT VOTING--37
Ackerman
Bevill
Bilbray
Bunning
Cardin
Clinger
Coleman
Conyers
Cunningham
Davis
Doyle
English
Geren
Gillmor
Hayes
Holden
Johnson, E. B.
King
Lincoln
Maloney
Markey
McCarthy
McDade
McHugh
Moakley
Myers
Neal
Quinn
Saxton
Souder
Thornton
Torricelli
Walsh
Waxman
Wilson
Yates
Zeliff
So the amendment, as amended, was not agreed to.
The SPEAKER pro tempore, Mr. JONES of North Carolina, assumed the
Chair.
When Mr. CAMP, Chairman, pursuant to House Resolution 453, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 17, line 9, strike ``$1,044,767,000'' and insert
``$988,567,000''.
On page 17, line 10, strike all after ``1999'' through the
end of line 12, except the period.
On page 22, line 6, strike ``$4,719,930,000'' and insert
``$4,469,930,000''.
On page 24, line 17, strike ``$7,326,628,000'' and insert
``$7,274,628,000''.
On page 24, line 19, strike ``$54,700,000'' and insert
``$2,700,000''.
On page 29, line 10, strike ``$14,969,573,000'' and insert
``$14,869,573,000''.
On page 29, line 15, strike ``$1,698,486,000'' and insert
``$1,598,486,000''.
[[Page 1378]]
On page 82, line 6, strike ``$350,000,000''' and insert
``$400,000,000''.
On page 82, line 11, strike ``$226,400,000'' and insert
``$276,400,000''.
At the end of title II (page 16, after line 3), add the
following new paragraph:
Reduction of Funds
Amounts appropriated in other paragraphs of this title are
hereby reduced as follows:
From Operation and Maintenance, Army, $12,950,000.
From Operation and Maintenance, Navy, $3,500,000.
From Operation and Maintenance, Marine Corps, $1,750,000.
From Operation and Maintenance, Air Force, $7,700,000.
From Operation and Maintenance, Defense-Wide, $9,100,000.
Page 87, after line 3, insert the following new section:
Sec. . None of the funds available to the Department of
Defense under this Act may be obligated or expended to pay a
contractor under a contract with the Department of Defense
for any costs incurred by the contractor when it is made
known to the Federal official having authority to obligate or
expend such funds that such costs are restructuring costs
associated with a business combination that were incurred on
or after August 15, 1994.
At the end of the bill (before the short title), insert the
following new section:
Sec. 8095. None of the funds available to the Department of
Defense under this Act may be obligated or expended to
procure landing gear for aircraft except when it is made
known to the Federal official having authority to obligate or
expend such funds that--
(1) the manufacturer of the item is part of the national
technology and industrial base;
(2) the landing gear is manufactured and assembled in the
United States; and
(3) the contract through which the procurement is made is
entered into more than 30 days after the date of the
enactment of this Act: Provided, That contracts existing on
the date of enactment of this Act and existing or subsequent
options in such contracts through January 1, 2000 are not
covered by this section if the Secretary of the military
department which issued the aircraft production contract
certifies to the Appropriations Committees of the House and
Senate that purchasing landing gear under the terms of this
section will create a significant adverse technical, cost, or
schedule impact on the aircraft production program.
Page 87, after line 3, insert the following new section:
Sec. . (a) None of the funds appropriated or otherwise
made available by this Act for the Department of Defense
specimen repository described in subsection (b) may be used
for any purpose except in accordance with the requirement in
paragraph numbered 3 of the covered Department of Defense
policy memorandum that specifically provides that permissible
uses of specimen samples in the repository are limited to the
following purposes:
(1) Identification of human remains.
(2) Internal quality assurance activities to validate
processes for collection, maintenance and analysis of
samples.
(3) A purpose for which the donor of the sample (or
surviving next-of-kin) provides consent.
(4) As compelled by other applicable law in a case in which
all of the following conditions are present:
(A) The responsible Department of Defense official has
received a proper judicial order or judicial authorization.
(B) The specimen sample is needed for the investigation or
prosecution of a crime punishable by one year or more of
confinement.
(C) No reasonable alternative means for obtaining a
specimen for DNA profile analysis is available.
(b) The specimen repository referred to in subsection (a)
is the repository that was established pursuant to Deputy
Secretary of Defense Memorandum 47803, dated December 16,
1991, and designated as the ``Armed Forces Repository of
Specimen Samples for the Identification of Remains'' by
paragraph numbered 4 in the covered Department of Defense
policy memorandum.
(c) For purposes of this section, the covered Department of
Defense policy memorandum is the memorandum of the Assistant
Secretary of Defense (Health Affairs) for the Secretary of
the Army, dated April 2, 1996, issued pursuant to law which
states as its subject ``Policy Refinements for the Armed
Forces Repository of Specimen Samples for the Identification
of Remains''.
Page 87, after line 3, insert the following new section:
Sec. 8095: Hereafter, the Air National Guard may assume
responsibility for providing fire fighting and rescue
services in response to all aircraft-related emergencies at
the Lincoln Municipal Airport in Lincoln, Nebraska.
At the end of the bill (before the short title), insert the
following new section:
Sec. . None of the funds made available to the Department
of Defense under this Act may be obligated or expended to
enter into or renew a contract with an entity when it is made
known to the Federal official having authority to obligate or
expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. JONES of North Carolina, announced that
pursuant to clause 7 of rule XV the yeas and nays were ordered, and the
call was taken by electronic device.
It was decided in the
Yeas
278
<3-line {>
affirmative
Nays
126
para.74.27 [Roll No. 247]
YEAS--278
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Chambliss
Chapman
Chenoweth
Christensen
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehrlich
Emerson
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manton
Manzullo
Martinez
Matsui
McCollum
McCrery
McHale
McInnis
McIntosh
McKeon
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myrick
Nethercutt
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Reed
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Visclosky
Vucanovich
Walker
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Wynn
Young (AK)
Young (FL)
NAYS--126
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Blute
Bonior
Borski
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Camp
Campbell
Castle
Chabot
Chrysler
Collins (IL)
Collins (MI)
Costello
Coyne
Danner
DeFazio
Dellums
Dingell
Doggett
Dooley
Doyle
Durbin
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Filner
Flanagan
Foglietta
Foley
Ford
Frank (MA)
Franks (NJ)
Furse
Ganske
Gunderson
Gutierrez
Gutknecht
Hilliard
Hinchey
Hoekstra
Jackson (IL)
Johnson (CT)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kleczka
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Markey
Martini
Mascara
McDermott
McKinney
Menendez
Miller (CA)
Minge
Morella
Nadler
Neumann
Ney
Oberstar
Obey
Olver
Owens
Pallone
[[Page 1379]]
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Poshard
Rahall
Ramstad
Rangel
Riggs
Rivers
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Sensenbrenner
Serrano
Shays
Skaggs
Smith (MI)
Stark
Stockman
Studds
Stupak
Towns
Upton
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Williams
Wise
Woolsey
Zimmer
NOT VOTING--30
Ackerman
Bevill
Bilbray
Cardin
Clinger
Conyers
Cunningham
English
Geren
Gillmor
Hayes
Johnson, E. B.
Lincoln
Maloney
McCarthy
McDade
McHugh
Meehan
Moakley
Myers
Neal
Richardson
Saxton
Thornton
Torricelli
Walsh
Waxman
Wilson
Yates
Zeliff
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.74.28 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, June 17, 1996, at 2 o'clock p.m.
para.74.29 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
19, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.74.30 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. JONES of North Carolina, pursuant to
clause 5, rule I, announced the unfinished business to be the question
on agreeing to the Chair's approval of the Journal of Wednesday, June
12, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. JONES of North Carolina, announced that
the yeas had it.
So the Journal was approved.
para.74.31 subpoena
The SPEAKER pro tempore, Mr. JONES of North Carolina, laid before the
House the following communication from Mr. Thomas:
House of Representatives,
Committee on House Oversight,
Washington, DC, June 10, 1996.
Hon. Newt Gingrich,
Speaker, of the House of Representatives, the Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the House
Franking Commission has been served with a subpoena issued by
the United States District Court for the Eastern District of
Michigan.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Bill Thomas, Chairman.
para.74.32 subpoena
The SPEAKER pro tempore, Mr. JONES of North Carolina, laid before the
House the following communication from the Chief Administrative Officer
of the House:
Office of the Chief Administrative Officer, House of
Representatives,
Washington, DC, June 12, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the Eastern District of Michigan.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scot M. Faulkner.
para.74.33 order of business--consideration of h. con. res. 187
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That it may be in order to discharge the Committee on the
Judiciary from further consideration of the concurrent resolution (H.
Con. Res. 187) expressing the sense of Congress with respect to recent
church burnings, and that it be immediately considered in the House;
that debate be limited to fifty minutes, equally divided and controlled
by Mr. Watts and Mrs. Clayton; and that the previous question be
considered as ordered on the concurrent resolution final adoption
without intervening motion.
para.74.34 church arson prevention
On motion of Mr. WATTS of Oklahoma, pursuant to the foregoing order of
the House, the Committee on the Judiciary was discharged from further
consideration of the following concurrent resolution (H. Con. Res. 187):
Whereas more than 30 African-American churches have been
burned over the last 18 months;
Whereas arrests have been made in only 5 of the cases
currently under investigation;
Whereas the African-American community deserves the full
support of Congress in solving these cases in an expeditious
manner and it is important for Congress to speak out against
the recent incidents of arson; and
Whereas several measures which would expedite the
investigation into these incidents and assist in the
prosecution of individuals found guilty of involvement in
these incidents are now pending before Congress: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that--
(1) attacks on places of worship because of the race,
color, denomination, or ethnicity of the congregation
undermine fundamental American ideals;
(2) these fires appear to be hate crimes and also
implicitly interfere with the First Amendment rights and
other civil rights of the victims;
(3) the arson of a place of worship is repulsive to us as a
society;
(4) the Congress condemns, in the strongest possible terms,
these abhorrent actions against freely worshipping American
citizens and the African-American community in particular;
(5) the Congress sends its sincere condolences to those
individuals who have been affected by these acts of
cowardice;
(6) the Congress fully supports the activities of local law
enforcement officials, the Department of Justice, and the
Department of the Treasury in investigating these incidents;
(7) the Congress urges the United States Attorney General
and local prosecutors to seek the maximum penalty available
under law to punish the perpetrators of these craven acts;
(8) it is important that Congress enact appropriate
legislation to ensure that Federal law enforcement has the
necessary tools to punish and deter these shameful, vile
acts, including the bipartisan legislation introduced by
Representatives Hyde and Conyers which would facilitate the
prosecution of persons responsible for these acts;
(9) the President is urged to make the fullest possible use
of all available law enforcement resources to bring the
culprits in these crimes to justice;
(10) Congress encourages the people of the United States to
work within their own communities to prevent arson against
African-American or any other house of worship; and
(11) Congress encourages American citizens to observe a
national week of prayer beginning June 16, 1996, and ending
June 23, 1996, in their churches, synagogues, mosques and
other places of worship for racial harmony, religious
tolerance and respect for the civil and human rights of all
Americans.
When said concurrent resolution was considered.
After debate,
Pursuant to the order of the House, the previous question was
considered as ordered on the concurrent resolution.
The question being put, viva voce,
Will the House agree to said concurrent resolution?
The SPEAKER pro tempore, Mr. JONES of North Carolina, announced that
the yeas had it.
So, the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.74.35 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HOUGHTON, for today until 3 p.m.;
To Mr. CUNNINGHAM, for today after 7 p.m. and balance of the week;
To Mr. MYERS of Indiana, for today from 8 p.m. through June 18; and
To Ms. Eddie Bernice JOHNSON of Texas, for today after 7:30 p.m. and
balance of the week.
And then,
para.74.36 adjournment
On motion of Mr. FIELDS of Louisiana, pursuant to the special order
[[Page 1380]]
heretofore agreed to, at 12 o'clock midnight, the House adjourned until
2:00 p.m. on Monday, June 17, 1996.
para.74.37 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3237. Referral to the Committee on National Security
extended for a period ending not later than July 23, 1996.
para.74.38 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. COMBEST: Permanent Select Committee on Intelligence.
H.R. 3237. A bill to provide for improved management and
operation of intelligence activities of the Government by
providing for a more corporate approach to intelligence, to
reorganize the agencies of the Government engaged in
intelligence activities so as to provide an improved
Intelligence Community for the 21st century, and for other
purposes, with an amendment; referred to the Committee on
Government Reform for a period ending not later than July 23,
1996, for consideration of such provisions of the bill and
the amendments recommended by the Permanent Select Committee
on Intelligence as fall within the jurisdiction of that
committee pursuant to clause 1(g), rule X (Rept. No. 104-620,
Pt. 1). Ordered to be printed.
para.74.39 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FRAZER (for himself, Mr. Baldacci, Mr. Bishop,
Mr. Thompson, Ms. Norton, Mr. Moran, Mr. Wynn, Mr.
Hastings of Florida, Mrs. Meek of Florida, Mr.
Luther, Mr. Romero-Barcelo, Mr. Hilliard, Ms.
McKinney, Mrs. Clayton, Mr. Rangel, Mr. Dornan, Ms.
Jackson-Lee, Mr. Lewis of Georgia, Mr. Flake, Mr.
Hayworth, and Mr. Menendez):
H.R. 3634. A bill to amend provisions of the Revised
Organic Act of the Virgin Islands which relate to the
temporary absence of executive officials and the priority
payment of certain bonds and other obligations; to the
Committee on Resources.
H.R. 3635. A bill to direct the Secretary of the Interior
to enter into an agreement with the Governor of the Virgin
Islands, upon request, that provides for the transfer of the
authority to manage Christiansted National Historic site; to
the Committee on Resources.
By Mr. NEUMANN (for himself, Mr. McIntosh, Mr. Bass,
Mr. Bono, Mr. Brownback, Mr. Burr, Mr. Campbell, Mr.
Chabot, Mrs. Chenoweth, Mr. Christensen, Mr.
Chrysler, Mr. Coburn, Mr. Cooley, Mr. Cremeans, Mrs.
Cubin, Mr. Ehrlich, Mr. English of Pennsylvania, Mr.
Ensign, Mr. Foley, Mr. Forbes, Mr. Fox, Mr. Frisa,
Mr. Funderburk, Mr. Graham, Ms. Greene of Utah, Mr.
Gutknecht, Mr. Hastings of Washington, Mr. Hayworth,
Mr. Hilleary, Mr. Hostettler, Mr. Jones, Mr. LaHood,
Mr. Largent, Mr. LaTourette, Mr. Martini, Mr.
Metcalf, Mrs. Myrick, Mr. Ney, Mr. Norwood, Mr.
Radanovich, Mr. Riggs, Mr. Salmon, Mr. Scarborough,
Mrs. Seastrand, Mr. Shadegg, Mr. Souder, Mr.
Stockman, Mr. Tiahrt, Mr. Thornberry, Mr. Wamp, Mr.
Watts of Oklahoma, Mr. Weldon of Florida, and Mr.
Weller):
H.R. 3636. A bill to amend title II of the Social Security
Act to ensure the integrity of the Social Security trust
funds by requiring the Managing Trustee to invest the annual
surplus of such trust funds in marketable interest-bearing
obligations of the United States and certificates of deposit
in depository institutions insured by the Federal Deposit
Insurance Corporation, and to protect such trust funds from
the public debt limit; to the Committee on Ways and Means.
By Mr. HORN (for himself and Mr. Fox):
H.R. 3637. A bill to amend chapter 57 of title 5, United
States Code, and title 31, United States Code, to provide
employees who transfer in the interest of the Government more
effective and efficient delivery of relocation allowances by
reducing administrative costs and improving services, and for
other purposes; to the Committee on Government Reform and
Oversight.
By Mr. BEREUTER (for himself, Mr. Houghton, Mr.
Hastings of Florida, and Mr. Payne of New Jersey):
H.R. 3638. A bill to reauthorize the Development Fund for
Africa under chapter 10 of part I of the Foreign Assistance
Act of 1961; to the Committee on International Relations.
By Mr. BLUTE (for himself and Mr. Frank of
Massachusetts):
H.R. 3639. A bill to amend the Federal Water Pollution
Control Act; to the Committee on Transportation and
Infrastructure.
By Mr. BONO (for himself, Mr. Hunter, Mr. Brown of
California, Mr. Calvert, and Mr. Burton of Indiana):
H.R. 3640. A bill to provide for the settlement of issues
and claims related to the trust lands of the Torres-Martinez
Desert Cahuilla Indians, and for other purposes; to the
Committee on Resources.
By Mr. GALLEGLY (for himself, Mr. Farr, Mr. Fazio of
California, and Mrs. Seastrand):
H.R. 3641. A bill to amend the Federal Power Act to provide
for the delegation of dam safety authority to State
government; to the Committee on Commerce.
By Mr. GALLEGLY:
H.R. 3642. A bill to provide for the transfer of public
lands to certain California Indian Tribes; to the Committee
on Resources.
By Mr. HUTCHINSON (for himself, Mr. Edwards, Mr. Stump,
and Mr. Montgomery):
H.R. 3643. A bill to amend title 38, United States Code, to
extend through December 31, 1998, the period during which the
Secretary of Veterans Affairs is authorized to provide
priority health care to certain veterans who were exposed to
Agent Orange or who served in the Persian Gulf war and to
make such authority permanent in the case of certain veterans
exposed to ionizing radiation, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. KENNEDY of Massachusetts (for himself, Mr.
Hansen, Mr. Conyers, Mr. Kasich, Mr. Hinchey, Ms.
Norton, Mr. Hoke, Mr. Moran, Mr. Smtih of New Jersey,
Mr. Fattah and Mr. Faleomavaega):
H.R. 3644. A bill to prohibit the advertising of distilled
spirits on radio and television; to the Committee on
Commerce.
By Mr. KLUG (for himself, Mr. Walsh, Mr. Barton of
Texas, Mr. Pallone, and Mr. Pete Geren of Texas):
H.R. 3645. A bill to amend the National Environmental
Education Act to extend the programs under the act, and for
other purposes; to the Committee on Economic and Educational
Opportunities.
By Mrs. LOWEY (for herself, Ms. Norton, Mr. Conyers,
Mr. Watt of North Carolina, Ms. Jackson-Lee, Ms.
Woolsey, Ms. Pelosi, Mrs. Meek of Florida, Ms. Eddie
Bernice Johnson of Texas, Mrs. Maloney, Mrs. Clayton,
Ms. Rivers, Ms. McKinney, Ms. Brown of Florida, Mr.
Abercrombie, Mr. Ackerman, Mr. Brown of California,
Mr. Dooley, Mr. Frost, Mr. Gutierrez, Mr. Hilliard,
Mr. Lantos, and Mr. Thompson):
H.R. 3646. A bill to provide remedies for certain instances
of sexual harassment, and to provide additional funding for
the Equal Employment Opportunity Commission; to the Committee
on the Judiciary, and in addition to the Committee on
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MANZULLO (for himself, Mr. Weldon of
Pennsylvania, Mr. Waxman, Mr. Solomon, Mr. Coleman,
Mr. Coble, Mr. Evans, Mr. Diaz-Balart, Mr. Frost, and
Mr. Jacobs):
H.R. 3647. A bill to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to ensure that chaplains killed in
the line of duty receive benefits; to the Committee on the
Judiciary.
By Mr. MARKEY:
H.R. 3648. A bill to reestablish the National Science
Scholars Program; to the Committee on Economic and
Educational Opportunities, and in addition to the Committee
on Science, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. MORELLA:
H.R. 3649. A bill to provide for a demonstration project to
assess the feasibility and desirability of temporarily
placing Federal employees with another agency or other
potential employer so as to facilitate the reemployment of
individuals facing separation pursuant to a reduction in
force; to the Committee on Government Reform and Oversight.
By Mrs. MORELLA (for herself, Mr. Kennedy of
Massachusetts, Mr. Wolf, Ms. Norton, Mr. Sabo, and
Mr. Johnston of Florida):
H.R. 3650. A bill to amend part E of title IV of the Social
Security Act to require States to regard adult relatives who
meet State child protection standards as the preferred
placement option for children, and to provide for
demonstration projects to test the feasibility of
establishing kinship care as an alternative to foster care
for a child who has adult relatives willing to provide safe
and appropriate care for the child; to the Committee on Ways
and Means.
By Mr. POMEROY:
H.R. 3651. A bill to amend the Federal Election Campaign
Act of 1971 to limit expenditures in House of Representatives
elections; to the Committee on House Oversight.
By Mr. REED (for himself, Mr. Schumer, Mrs. Roukema,
Mr. Berman, Mr. Engel, Mr. Nadler, Mr. Waxman, Mr.
Yates, Mr. Kennedy of Rhode Island, Ms. Pelosi, Mr.
McDermott, Mr. Horn, Ms. Norton, Mr. Clay, Mr. Owens,
Ms. Lofgren, Mr. Manton, and Mr. Torricelli):
H.R. 3652. A bill to apply equal standards to certain
foreign made and domestically produced handguns; to the
Committee on the Judiciary.
[[Page 1381]]
By Ms. RIVERS:
H.R. 3653. A bill to amend the Federal Election Campaign
Act of 1971 to require candidates for the House of
Representatives or the Senate to file information included in
quarterly candidate reports with the Federal Election
Commission within 48 hours of the time the information
becomes available, to require all reports filed with the
Federal Election Commission to be filed electronically, to
require the information contained in such reports to be made
available through the Internet, and for other purposes; to
the Committee on House Oversight.
By Mr. SPRATT (for himself, Mr. Coble, Mr. Payne of
Virginia, Mr. Burr, Mr. Collins of Georgia, Mr.
Rangel, Mr. Rogers, Mr. Cardin, Mr. Neal of
Massachusetts, Mr. Coyne, Mr. Ford, Mr. Lewis of
Georgia, Mr. Levin, Mr. Matsui, Mr. Hunter, Mr.
Flanagan, Mr. Baker of California, Mr. Chambliss, Mr.
Browder, Mr. Frank of Massachusetts, Mr. Hefner, Mr.
Quillen, Ms. Kaptur, Mr. Spence, Mr. Montgomery, Mr.
Lewis of Kentucky, Mr. Graham, Mr. Deal of Georgia,
Mr. Funderburk, Mr. Jones, Mr. Clyburn, Mr. Watt of
North Carolina, Mr. Ballenger, Mr. Heineman, Mr.
Rahall, Mr. Andrews, Mr. Thompson, Mr. Rose, Mr.
Peterson of Minnesota, Mr. Sisisky, Mr. Gordon, Mr.
McHale, Mr. Holden, Mr. Bishop, Mr. Boucher, Mr.
Wolf, Mr. Cramer, Mr. Engel, Mr. Condit, Mr.
Stenholm, Mr. Reed, Mr. Whitfield, Mr. Hall of Texas,
Mr. Inglis of South Carolina, Mr. Nadler, Mr.
DeFazio, Mr. Miller of California, Mrs. Myrick, Mrs.
Clayton, Mr. Stupak, Mr. Norwood, Ms. Jackson-Lee,
Mr. Kingston, Mr. Linder, Mr. Tanner, Ms. Slaughter,
and Ms. Danner):
H.R. 3654. A bill to ensure the competitiveness of the U.S.
textile and apparel industry; to the Committee on Ways and
Means.
By Mr. TATE:
H.R. 3655. A bill to amend title 18, United States Code, to
reform Federal prisons; to the Committee on the Judiciary.
By Mr. TORRICELLI (for himself and Mr. Pallone):
H.R. 3656. A bill to amend the Safe Drinking Water Act to
require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination; to the Committee on Commerce, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. VELAZQUEZ:
H.R. 3657. A bill to provide pay equity and labor
protection for contingent workers, and for other purposes; to
the Committee on Economic and Educational Opportunities, and
in addition to the Committee on Ways and Means, Government
Reform and Oversight, and House Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. VOLKMER:
H.R. 3658. A bill to amend the Federal Election Campaign
Act of 1971 to provide for campaign spending limits, and for
other purposes; to the Committee on House Oversight.
By Mr. YOUNG of Alaska:
H.R. 3659. A bill to amend the Tongass Timber Reform Act to
ensure the proper stewardship of publicly owned assets in the
Tongass National Forest in the State of Alaska, a fair return
to the United States for public timber in the Tongass, and a
proper balance among multiple use interests in the Tongass to
enhance forest health, sustainable harvest, and the general
economic health and growth in southeast Alaska and the United
States; to the Committee on Agriculture, and in addition to
the Committee on Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. ROHRABACHER (for himself, Mr. Solomon, Mr.
Gilman, Ms. Pelosi, Mr. Cox, Mr. Wolf, Mr. Lantos,
Mr. Hunter, Ms. Kaptur, Mr. Smith of New Jersey, Mr.
Burton of Indiana, Mr. Fazio of California, Mr.
Traficant, Mr. Dornan, Mr. Funderburk, Mr. Lipinski,
Mr. Bunning of Kentucky, Mr. Pallone, Mr.
Scarborough, Mr. Diaz-Balart, Mr. Rose, Mr. Stockman,
Mr. Brown of Ohio, Ms. Ros-Lehtinen, Ms. McKinney,
Mr. Stearns, Mr. DeFazio, Mr. Stark, Mrs. Schroeder,
Mr. Evans, Mr. Markey, Mr. Miller of California, Mr.
Baker of California, and Mr. Frank of Massachusetts):
H.J. Res. 182. Joint resolution disapproving the extension
of nondiscriminatory treatment--most-favored-nation
treatment--to the products of the People's Republic of China;
to the Committee on Ways and Means.
By Mr. WHITE (for himself and Mr. Boucher):
H. Con. Res. 185. Concurrent resolution expressing the
sense of the Congress that Members should understand and use
the Internet to improve the democratic process, communicate
with the Internet community; to the Committee on House
Oversight.
By Mr. WATTS of Oklahoma (for himself, Mrs. Clayton,
Mr. Hyde, Mr. Laughlin, Mr. Wicker, Mr. Largent, Mr.
Bonilla, Mrs. Myrick, Mr. Hall of Texas, Mr. Peterson
of Minnesota, Mr. English of Pennsylvania, Mr.
Heineman, Mr. Norwood, Mr. Hutchinson, Mr. Condit,
Mr. Baesler, Mr. Wamp, Mr. Fields of Texas, Mr.
Souder, Mr. Hilleary, Mr. Archer, Mr. Talent, Ms.
Jackson-Lee, Mr. Graham, Mr. Bonior, Mr. Richardson,
Ms. DeLauro, Mr. King, Mr. Payne of New Jersey, Mr.
Sanders, Mr. Ward, Mr. Frazer, Mr. Ford, Mr. Browder,
Mr. Hilliard, Mr. Hinchey, Mr. Owens, Mr. Hall of
Ohio, Mr. Fields of Louisiana, Mr. Meehan, Mr. Frost,
Mr. Hastings of Florida, Mrs. Maloney, Mr. Lantos,
Mr. Dellums, Mr. Franks of Connecticut, Mr. Waxman,
Mr. Clyburn, Mr. Abercrombie, Mr. Farr, Mr. Jackson,
Mr. Gilchrest, Ms. Norton, Ms. Woolsey, Ms. Furse,
Ms. Eshoo, Mr. Pallone, Mrs. Thurman, Mrs. Kennelly,
Mr. Shays, Mr. Clay, Ms. Kaptur, Mr. Watt of North
Carolina, Mr. Foglietta, Mr. Thompson, Mr. Miller of
California, Mr. Lewis of Georgia, Ms. Pelosi, Ms.
Roybal-Allard, Mr. Wynn, Mr. Edwards, Mr. Clement,
Mrs. Schroeder, Miss Collins of Michigan, Mr. Rush,
Mr. Torricelli, Mr. Stokes, Mr. Rose, Mr. Cummings,
Mr. Hefner, Mrs. Meek of Florida, Mr. Flake, Ms.
Pryce, Mr. Serrano, Mr. Bishop, Mr. Fattah, Ms.
Slaughter, Ms. Rivers, Mr. Nadler, Mr. Frank of
Massachusetts, Ms. Velazquez, Ms. Waters, Mrs.
Collins of Illinois, Mr. Stark, Mr. Barrett of
Wisconsin, Mr. Sanford, Mr. Armey, Mr. Zeliff, Mr.
Baker of California, Mr. Stockman, Mr. Paxon, Mr.
Shadegg, Mr. Ensign, and Mr. Coburn):
H. Con, Res. 186. Concurrent resolution expressing the
sense of Congress with respect to recent church burnings; to
the Committee on the Judiciary.
By Mr. WATTS of Oklahoma (for himself, Mrs. Clayton,
Mr. Hyde, Mr. Laughlin, Mr. Wicker, Mr. Largent, Mr.
Bonilla, Mrs. Myrick, Mr. Hall of Texas, Mr. Peterson
of Minnesota, Mr. English of Pennsylvania, Mr.
Heineman, Mr. Norwood, Mr. Hutchinson, Mr. Condit,
Mr. Baesler, Mr. Wamp, Mr. Fields of Texas, Mr.
Souder, Mr. Hilleary, Mr. Archer, Mr. Talent, Ms.
Jackson-Lee, Mr. Graham, Mr. Bonior, Mr. Richardson,
Ms. DeLauro, Mr. King, Mr. Payne of New Jersey, Mr.
Sanders, Mr. Ward, Mr. Frazer, Mr. Ford, Mr. Browder,
Mr. Hilliard, Mr. Hinchey, Mr. Owens, Mr. Hall of
Ohio, Mr. Fields of Louisiana, Mr. Meehan, Mr. Frost,
Mr. Hastings of Florida, Mrs. Maloney, Mr. Lantos,
Mr. Dellums, Mr. Franks of Connecticut, Mr. Waxman,
Mr. Clyburn, Mr. Abercrombie, Mr. Farr, Mr. Jackson,
Mr. Gilchrest, Ms. Norton, Ms. Woolsey, Ms. Furse,
Ms. Eshoo, Mr. Pallone, Mrs. Thurman, Mrs. Kennelly,
Mr. Shays, Mr. Clay, Ms. Kaptur, Mr. Watt of North
Carolina, Mr. Foglietta, Mr. Thompson, Mr. Miller of
California, Mr. Lewis of Georgia, Ms. Pelosi, Ms.
Roybal-Allard, Mr. Wynn, Mr. Edwards, Mr. Clement,
Mrs. Schroeder, Miss Collins of Michigan, Mr. Rush,
Mr. Torricelli, Mr. Stokes, Mr. Rose, Mr. Cummings,
Mr. Hefner, Mrs. Meek of Florida, Mr. Flake, Ms.
Pryce, Mr. Serrano, Mr. Bishop, Mr. Fattah, Ms.
Slaughter, Ms. Rivers, Mr. Nadler, Mr. Frank of
Massachusetts, Ms. Velazquez, Ms. Waters, Mrs.
Collins of Illinois, Mr. Stark, Mr. Barrett of
Wisconsin, Mr. Sanford, Mr. Armey, Mr. Zeliff, Mr.
Baker of California, Mr. Stockman, Mr. Paxon, Mr.
Shadegg, Mr. Ensign, Mr. Coburn, Mr. Tiahrt, Mr.
Inglis of South Carolina, and Mr. Roemer):
H. Con. Res. 187. Concurrent resolution expressing the
sense of Congress with respect to recent church burnings; to
the Committee on the Judiciary.
By Mr. ROHRABACHER:
H. Con. Res. 188. Concurrent resolution expressing the
sense of the Congress with respect to increasing political
oppression in Burma; to the Committee on International
Relations.
para.74.40 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
224. By the SPEAKER: Memorial of the House of
Representatives of the State of Louisiana, relative to House
Concurrent Resolution No. 48 to memorialize the U.S. Congress
to take such actions as are necessary to designate U.S.
Highway 90 as part of the Interstate System as an expansion
of Interstate 49; to the Committee on Transportation and
Infrastructure.
225. Also, memorial of the House of Representatives of the
State of Louisiana, relative to House Concurrent Resolution
No. 54 to memorialize the U.S. Congress to authorize the
concurrent receipt of full retirement pay and disability
compensation benefits for disabled veterans; to the Committee
on Veterans' Affairs.
[[Page 1382]]
para.74.41 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Ms. Pryce.
H.R. 103: Mr. Kanjorski.
H.R. 123: Mr. Portman.
H.R. 127: Mr. Jones and Mr. Dellums.
H.R. 248: Mr. Hobson.
H.R. 303: Ms. Pryce.
H.R. 468: Mrs. Kelly.
H.R. 878: Mr. LoBiondo, Mr. Hamilton, Mr. Evans, Mr.
Ackerman, and Mr. Richardson.
H.R. 941: Mr. Frelinghuysen.
H.R. 1073: Mr. Hamilton and Mrs. Collins of Illinois.
H.R. 1074: Mr. Hamilton and Mrs. Collins of Illinois.
H.R. 1090: Mrs. Vucanovich.
H.R. 1171: Mr. Bevill and Mr. Bentsen.
H.R. 1352: Mr. Dicks.
H.R. 1514: Mr. Hoyer, Mr. Cooley, Mr. Luther, and Mr.
Matsui.
H.R. 1661: Mr. Norwood.
H.R. 1662: Mr. Goodlatte.
H.R. 1797: Mr. Nadler.
H.R. 1805: Mr. LoBiondo and Mr. Hamilton.
H.R. 2008: Ms. Ros-Lehtinen.
H.R. 2026: Mr. Shuster, Mr. McIntosh, Mr. Hilliard, Mr.
Bevill, Mr. Blumenauer, and Mr. Ehlers.
H.R. 2128: Mr. Riggs and Mr. McKeon.
H.R. 2138: Mr. Saxton.
H.R. 2152: Mr. Payne of Virginia.
H.R. 2246: Mr. Nadler.
H.R. 2247: Mrs. Maloney and Ms. Rivers.
H.R. 2333: Mr. Bishop and Mr. Riggs.
H.R. 2462: Mr. Duncan.
H.R. 2536: Mr. Shays and Mr. Tate.
H.R. 2566: Mr. Torricelli.
H.R. 2705: Mrs. Clayton, Mr. Abercrombie, Mr. Meehan, Mr.
Neal of Massachusetts, Mr. Sabo, Mr. Sanders, and Mr. Wise.
H.R. 2757: Mr. Matsui, Mr. Taylor of North Carolina, Mr.
Farr, and Mr. Gutknecht.
H.R. 2807: Mr. DeFazio.
H.R. 2911: Mr. Riggs.
H.R. 2925: Mr. Hilleary and Ms. Kaptur.
H.R. 2976: Mr. Berman, Mr. Castle, Ms. Furse, and Ms. Eddie
Bernice Johnson of Texas.
H.R. 2997: Mr. Calvert.
H.R. 3047: Mr. Hayes.
H.R. 3114: Mr. Castle, Mr. Souder, and Mr. Lightfoot.
H.R. 3125: Mr. Canady.
H.R. 3126: Mr. Watts of Oklahoma.
H.R. 3142: Mr. Combest, Mr. Smith of Texas, Mr. Tiahrt, Mr.
LaTourette, Mr. Christensen, Mr. Cramer, and Mr. Scott.
H.R. 3187: Mr. Doyle, Mr. Barcia of Michigan, Mr. Schaefer,
and Mr. Mascara.
H.R. 3217: Mr. Walsh, Mr. Lipinski, and Mr. Evans.
H.R. 3226: Mr. Holden.
H.R. 3280: Mr. Ackerman, Mr. Kennedy of Rhode Island, and
Mr. Olver.
H.R. 3338: Mr. Portman, Mr. Minge, Mr. Pomeroy, Mrs.
Chenoweth, Mrs. Vucanovich, Mr. Tanner, Mr. Coble, Mr. Klug,
and Mr. Collins of Georgia.
H.R. 3362: Ms. McKinney, Ms. Norton, Ms. Rivers, and Ms.
Furse.
H.R. 3396: Mr. Bilirakis, Mr. Hansen, Mr. Callahan, Mr.
Packard, Mr. Portman, Mr. Stenholm, and Mr. Pete Geren of
Texas.
H.R. 3416: Mr. Green of Texas and Mr. Stearns.
H.R. 3427: Mr. Dickey.
H.R. 3447: Mrs. Kelly and Ms. Pryce.
H.R. 3467: Mr. Lucas.
H.R. 3477: Mr. Minge.
H.R. 3480: Mr. Barr, Mr. Funderburk, Mr. Taylor of North
Carolina, Mr. Rose, and Mr. Canady.
H.R. 3514: Mr. Hall of Texas, Mr. Barton of Texas, and Mrs.
Seastrand.
H.R. 3521: Mr. Green of Texas, Ms. Rivers, Ms. Lofgren, Ms.
Norton, Mr. Ackerman, and Ms. McKinney.
H.R. 3525 Mr. Inglis of South Carolina, Mr. Davis, Mr.
Gilchrest, Miss. Collins of Michigan, and Mr. Blute.
H.R. 3559: Mr. Tiahrt, Mr. Bereuter, and Mr. Cooley.
H.R. 3571: Mr. Hayworth, Mr. McHugh, Mr. Lipinski, Mr.
Forbes, Mr. Quinn, Mr. Kennedy of Massachusetts, Mrs. Kelly,
and Mr. Dellums.
H.R. 3601: Mr. McIntosh and Mr. Hostettler.
H.R. 3622: Mr. Bass, Mr. Ensign, Mr. Ewing, Mr. Manzullo,
Mr. Hall of Texas, and Mr. English of Pennsylvania.
H.R. 3630: Mr. Longley.
H.J. Res. 173: Mr. Royce, Ms. Ros-Lehtinen, Mr. Stearns,
and Mr. Shadegg.
H.J. Res. 174: Mr. Royce, Ms. Ros-Lehtinen, Mr. Condit, and
Mr. Foley.
H. Con. Res. 151: Mr. Bentsen, Ms. Slaughter, Mr. Durbin,
Mr. Cummings, Ms. Velazquez, Mrs. Maloney, Mr. Ackerman, Mr.
Doyle, and Mrs. Schroeder.
H. Con. Res. 156: Mr. Nadler.
H. Res. 172: Mr. Flake, Mr. Poshard, Mr. DeFazio, and Mr.
Ackerman.
H. Res. 452: Ms. Lofgren.
.
MONDAY, JUNE 17, 1996 (75)
para.75.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. GOSS,
who laid before the House the following communication:
Washington, DC,
June 17, 1996.
I hereby designate the Honorable Porter J. Goss to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.75.2 approval of the journal
The SPEAKER pro tempore, Mr. GOSS, announced he had examined and
approved the Journal of the proceedings of Thursday, June 13, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.75.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3612. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Mediterranean Fruit Fly; Removal of
quarantined Areas [APHIS Docket No. 91-155-19] received June
14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
3613. A letter from the Comptroller General, the General
Accounting Office, transmitting a review of the President's
sixth special impoundment message for fiscal year 1996,
pursuant to 2 U.S.C. 685 (H.Doc. No. 104-233); to the
Committee on Appropriations and ordered to be printed.
3614. A letter from the Directors of Congressional Budget
Office and Office of Management and Budget, transmitting a
joint report on the technical assumptions to be used in
preparing estimates of National Defense Function (050)
outlays for fiscal year 1997, pursuant to Pubic Law 101-189,
section 5(a) (103 Stat. 1364); to the Committee on National
Security.
3615. A letter from the General Counsel, Department of
Housing and Urgan Development, transmitting the Department's
final rule--Amendments to Regulation X, the Real Estate
Settlement Procedures Act: Withdrawal of Employer-Employee
and Computer Loan Origination Systems (CLOs) Exemptions
(Office of the Assistant Secretary for Housing--Federal
Housing Commissioner) [Docket No. FR-3638-F-06] (RIN: 2502-
AG26) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
3616. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
3136 and H.R. 1266, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
3617. A letter from the Assistant Secretary for
Occupational Safety and Health, Department of Labor,
transmitting the Department's final rule--Personal Protection
Equipment in Shipyards--Correction Notice (Occupational
Safety and Health Administration) [Docket No. S-045] (RIN:
1218-AA74) (AB06) received June 13, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Economic and
Educational Opportunities.
3618. A letter from the Assistant Secretary for
Occupational Safety and Health, Department of Labor,
transmitting the Department's final rule--Personal Protective
Equipment in Shipyards (Occupational Safety and Health
Administration) [Docket No. S-045] (RIN: 1218-AA74) (AB06)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Economic and Educational Opportunities.
3619. A letter from the John F. Kennedy Center for the
Performing Arts, transmitting the 1995 annual report of
operations for the John F. Kennedy Center for the Performing
Arts and the National Symphony Orchestra, pursuant to 20
U.S.C. 761(c); to the Committee on Economic and Educational
Opportunities.
3620. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Regulation of International Accounting Rates [CC
Docket No. 90-337, Phase II] received June 17, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3621. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Subsidiary Accounting Requirements Concerning
Video Dialtone Costs and Revenues for Local Exchange Carriers
Offering Video Dialtone Services [AAD No. 95-59] (FCC No. 96-
240) received June 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3622. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Tillamook, Oregon) [MM
Docket No. 95-153] received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3623. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Wellsville, New York) [MM
Docket No. 95-162] received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3624. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Garberville and
Hydesville, California) [MM Docket No. 94-61] received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
[[Page 1383]]
3625. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--
Disclosures Regarding Energy Consumption and Water Use of
Certain Home Appliances and Other Products Required Under the
Energy Policy and Conservation Act (``Appliance Labeling
Rule'') (16 CFR Part 305) received June 14, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3626. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Revocation of Obsolete
Regulations (21 CFR Parts 200, 250, and 310) [Docket No. 95N-
0310] received June 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3627. A letter from the Executive Director, District of
Columbia Financial Responsibility and Management Assistance
Authority, transmitting the Authority's report entitled
``Final Report on the District of Columbia FY 1997 Budget and
Financial Plan,'' adopted by the District of Columbia
Financial Responsibility and Management Assistance Authority
on June 13, 1996, pursuant to Public Law 104-8, section
202(c)(6) (109 Stat. 113); to the Committee on Government
Reform and Oversight.
3628. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Double-Sided Copying (RIN: 9000-AG41)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3629. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; National Industrial Security Program
Operating Manual (RIN: 9000-AG95) received June 7, 1996,
pursuant to 5 U.S.C. 801(A)(1)(A); to the Committee on
Government Reform and Oversight.
3630. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Justification and Approval Thresholds
(RIN: 9000-AH00) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3631. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Implementation of Memorandum of
Understanding Between the United States of America and the
European Community (RIN: 9000-AF39) received June 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3632. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Postponement of Bid Openings or
Closing Dates (RIN: 9000-AF48) received June 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3633. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Armed Services Pricing Manual (RIN:
9000-AG97) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3634. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Predetermined Indirect Cost Rates
(RIN: 9000-AG92) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3635. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Small Business Size Standards (FAR
Case 94-600) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3636. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Master Subcontracting Plans (RIN:
9000-AG07) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3637. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Small Business Competitiveness
Demonstration Program (RIN: 9000-AG10) received June 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3638. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Use of Convict Labor (RIN: 9000-AG02)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3639. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Ozone Executive Order (RIN: 9000-
AG42) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3640. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Uruguay Round (1996 Code) (RIN: 9000-
AG80) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3641. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Implementation of the North American
Free Trade Agreement Implementation Act (RIN: 9000-AF60)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3642. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Caribbean Basin Countries (RIN: 9000-
AG96) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3643. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Fluctuating Exchange Rates (RIN:
9000-AF83) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3644. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Irrevocable Letters of Credit and
Alternatives to Miller Act Bonds (RIN: 9000-AG99) received
June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
3645. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Part 31 Agency Supplements (RIN:
9000-AG93) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3646. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Records Retention (RIN: 9000-AF99)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3647. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Legislative Lobbying Costs (RIN:
9000-AF98) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3648. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Travel Costs (RIN: 9000-AG00)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3649. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Prompt Payment Overseas (RIN: 9000-
AF41) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3650. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Alternate Dispute Resolution and
Federal Courts Administration Act (RIN: 9000-AE96/9000-AF35)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3651. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Defense Production Act Amendments
(RIN: 9000-AG11) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3652. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Child Care Services (RIN: 9000-AF31)
received June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
3653. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Quick-Closeout Procedures (RIN: 9000-
AG57) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3654. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Quality Assurance Ac
[[Page 1384]]
tions--Electronic Screening (RIN: 9000-Ag06) received June 7,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3655. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Quality Assurance Nonconformances
(RIN: 9000-AF80) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3656. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Solicitation Provisions--Contract
Clauses (RIN: 9000-AG98) received June 7, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
3657. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Contract Award--Sealed Bidding--
Construction (RIN 9000-AE41) received June 7, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Government
Reform and Oversight.
3658. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Small Business Innovation Research
Rights in Data (RIN 9000-AF54) received June 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
3659. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Inspection Clauses--Fixed Price (RIN
9000-AG94) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3660. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Termination for Convenience (RIN
9000-AF55) received June 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3661. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting the semiannual report
on activities of the inspector general for the period October
1, 1995, through March 31, 1996, and the semiannual
management report on the status of audit followup for the
same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3662. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Reclassification of Saltwater
Crocodile Population in Australia from Endangered to
Threatened with Special Rule for Saltwater and Nile Crocodile
(Fish and Wildlife Service) (RIN: 1018-AC30) received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
3663. A letter from the Under Secretary for Oceans and
Atmosphere, Department of Commerce, transmitting the annual
report on the Coastal Zone Management Fund for the National
Oceanic and Atmospheric Administration for fiscal year 1995,
pursuant to Public Law 101-508, section 6209 (104 Stat. 1388-
309); to the Committee on Resources.
3664. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Pacific
Halibut Fisheries; 1996 Halibut Landing Report No. 3 [Docket
No. 960111003-6068-03; I.D. 060796A] received June 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3665. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Implementation of the Equal Access to Justice Act: Payment of
Attorneys Fees (RIN: 2105-AC52) received June 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3666. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revised Filing Procedures for OST Docket (RIN: 2105-AC26)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation.
3667. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Interlocking Relationships Between An Air Carrier and A
Person Controlling Another Air Carrier (RIN: 2105-AC54)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3668. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Policies Relating to Accounts and Reports (RIN: 2105-AC43)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3669. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Aviation Economic Regulations: Updates and Corrections (RIN:
2105-AC53) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3670. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Reorganization of Coast Guard Areas, Districts, and Marine
Inspection and Captain of the Port Zones (U.S. Coast Guard)
[CGD96-025] (RIN: 2115-AF32) received June 13, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3671. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations: Nacote Creek, NJ (U.S.
Coast Guard) [CGD05-95-065] (RIN: 2115-AE47) received June
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3672. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Direct Final Rule Procedures; Petitions for Rulemaking
(Research and Special Programs Administration) (RIN: 2137-
AC75) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3673. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Railroad Accident Reporting (Federal Railroad Administration)
[FRA Docket No. RAR-4, Notice No. 13] (RIN: 2130-AA58)
received June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3674. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Subdivision of Restricted Area R-2103, Fort Rucker, AL--
Docket No. 95-ASO-18 (Federal Aviation Administration) (RIN:
2120-AA66) (1996-0061) received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3675. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Topeka, KS; Kingmans, KS;
Hutchinson, KS; and Wahoo, NE--Docket No. 96-ACE-3 (Federal
Aviation Administration) (RIN: 2120-AA66) (1996-0074)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3676. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Standards; Aircraft Engines New One-Engine-
Inoperative (OEI) Ratings, Definitions and Type Certification
Standards (Federal Aviation Administration) (RIN: 2120-AD21)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3677. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Cessna Aircraft Company Engine Oil
Filter Adapter Assemblies Installed on Aircraft (Federal
Aviation Administration) [Docket No. 93-CE-54-AD; Amendment
39-9665; AD 96-12-22] (RIN: 2120-AA64) received June 17,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3678. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Advanced Simulation Plan Revisions (Federal Aviation
Administration) [Docket No. 28072; Amendment 121-258] (RIN:
2120-AF29) received June 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3679. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Training and Qualification Requirements for Check Airmen and
Flight Instructors (Federal Aviation Administration) [Docket
No. 28471; Amendment No. 121-257, 135-64] (RIN: 2120-AF08)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3680. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Class Exemption
for the Construction of Connecting Track under 49 U.S.C.
10901 (Ex Parte No. 392 (Sub-No. 2)) received June 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3681. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Inventions by Employees of the
Department of Veterans Affairs (38 CFR Part 1) (RIN: 2900-
AI03) received June 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3682. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Debt
Instruments with Original Issue Discount; Contingent
Payments; Anti-Abuse Rule (RIN: 1545-AQ86; 1545-AS35)
received June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
3683. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Maritime
Terrorism: A Report to Congress,'' for calendar year 1995,
pursuant to 46 U.S.C. app. 1802; jointly, to the Committees
on Transportation and Infrastructure and International
Relations.
3684. A letter from the Secretary of Health and Human
Services, transmitting the Department's interim report on the
status of the Social Health Maintenance Organization [Social
HMO] Demonstrations; jointly, to the Committees on Ways and
Means and Commerce.
3685. A letter from the Secretaries of State and Commerce,
transmitting the Secretaries joint report to Congress
entitled ``Annual
[[Page 1385]]
Reports on Improving Export Mechanisms and on Military
Assistance,'' pursuant to Public Law 104-106, section 1324(a)
(110) Stat. 480); jointly, to the Committees on International
Relations, Ways and Means, and National Security.
para.75.4 hour of meeting
On motion of Mr. SCHIFF, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
12:30 p.m. on Tuesday, June 18, 1996, for ``morning hour'' debates.
para.75.5 adjournment
On motion of Mr. ROTH, pursuant to the special order heretofore agreed
to, at 2 o'clock and 24 minutes p.m., the House adjourned until 12:30
p.m. on Tuesday, June 18, 1996.
para.75.6 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
[Submitted June 14, 1996]
Mr. ARCHER: Committee on Ways and Means. H.R. 3107. A bill
to impose sanctions on persons exporting certain goods or
technology that would enhance Iran's ability to explore for,
extract, refine, or transport by pipeline petroleum
resources, and for other purposes; with amendments (Rept. No.
104-523, Pt. 2); to the Committee of the Whole House on the
State of the Union.
Mr. HYDE: Committee on the Judiciary. H.R. 3525. A bill to
amend title 18, United States Code, to clarify the Federal
jurisdiction over offenses relating to damage to religious
property; with an amendment (Rept. No. 104-621). Referred to
the Committee of the Whole House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3005. A bill to
amend the Federal securities laws in order to promote
efficiency and capital formation in the financial markets,
and to amend the Investment Company Act of 1940 to promote
more efficient management of mutual funds, protect investors,
and provide more effective and less burdensome regulation;
with an amendment (Rept. No. 104-622). Referred to the
Committee of the Whole House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3431. A bill to
amend the Armored Car Industry Reciprocity Act of 1993 to
clarify certain requirements and to improve the flow of
interstate commerce (Rept. No. 104-623). Referred to the
Committee of the Whole House on the State of the Union.
Mr. LIVINGSTON: Committee on Appropriations. Report on the
subdivision of budget totals for fiscal year 1997 (Rept. No.
104-624). Referred to the Committee of the Whole House on the
State of the Union.
para.75.7 discharge of committee
[The following action occurred on June 14, 1996]
Pursuant to clause 5 of rule X the Committee on National
Security discharged from further consideration. H.R. 1663
referred to the Committee of the Whole House on the State of
the Union.
para.75.8 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HANSEN:
H.R. 3660. A bill to make amendments to the Reclamation
Wastewater and Groundwater Study and Facilities Act, and for
other purposes; to the Committee on Resources.
By Mr. NEY:
H.R. 3661. A bill to provide that a manufactured home may
be protected during a flood event without affecting
eligibility of a community for participation in the national
flood insurance program; to the Committee on Banking and
Financial Services.
para.75.9 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 324: Mr. Stark, Ms. Lofgren, and Mr. Klug.
H.R. 788: Mr. Packard.
H.R. 1281: Mr. Lantos.
H.R. 1573: Mr. Hobson, Mr. Cremeans, Mr. Chabot, Mr.
Cunningham, Mr. Gillmor, Mr. Tate, and Mr. McIntosh.
H.R. 2338: Mr. Watt of North Carolina.
H.R. 2834: Ms. DeLauro.
H.R. 2943: Mrs. Lincoln.
H.R. 3100: Mr. Hoekstra.
H.R. 3173: Mr. Bonior.
H.R. 3280: Ms. DeLauro.
H.R. 3328: Mr. Kennedy of Massachusetts.
H.R. 3525: Mr. Roemer, Mr. Barrett of Nebraska, Mr. Talent,
Mr. Upton, Mr. Bishop, Mr. Evans, Mr. Peterson of Minnesota,
Mr. Condit, Mr. Cramer, Mr. Engel, Mr. Pickett, Mr. Dingell,
Mr. Torricelli, Mr. Stenholm, and Mr. Payne of New Jersey.
para.75.10 petitions, etc.
Under clause 1 of rule XXII,
72. The SPEAKER presented a petition of Samuel Freeman of
Syosset, NY, relative to private/public bills to extend the
life of U.S.P. 4,231,061, Instant Color Slide Recorder of CRT
Image, for a period of Seven (7) years beyond its present
expiration date, April 9, 1999 (20 years beyond date of
filing legalized by the GATT Treaty); which was referred to
the Committee on the Judiciary.
.
TUESDAY, JUNE 18, 1996 (76)
The House was called to order at 12:30 p.m. by the SPEAKER.
para.76.1 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate insists upon its amendments to the bill (H.R.
2977) ``An Act to reauthorize alternative means of dispute resolution in
the Federal administrative process, and for other purposes,'' requests a
conference with the House on the disagreeing votes of the two Houses
thereon, and appoints Mr. Stevens, Mr. Cohen, Mr. Grassley, Mr. Glenn,
and Mr. Levin, to be the conferees on the part of the Senate.
The message also announced that the Senate agrees to the amendment of
the House to the bill of the Senate of the following title:
S. 1136. An Act to control and prevent commercial
counterfeiting, and for other purposes.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 1488. An Act to convert certain excepted service
positions in the United States Fire Administration to
competitive service positions, and for other purposes; and
S. 1579. An Act to streamline and improve the effectiveness
of chapter 75 of title 31, United States Code (commonly
referred to as the ``Single Audit Act'').
para.76.2 ``morning hour'' debates
The SPEAKER, pursuant to the order of the House of Friday, May 12,
1995, recognized Members for ``morning hour'' debates.
para.76.3 recess--1:23 p.m.
The SPEAKER pro tempore, Mr. STEARNS, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.76.4 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. WELLER, called the House to order.
para.76.5 approval of the journal
The SPEAKER pro tempore, Mr. WELLER, announced he had examined and
approved the Journal of the proceedings of Monday, June 17, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.76.6 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3686. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Viruses, Serums, and Toxins and
Analogous Products; Master Labels [Docket No. 93-167-2]
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3687. A communication from the President of the United
States, transmitting his request for a fiscal year 1996
supplemental appropriation to increase the ability of the
Department of the Treasury's Bureau of Alcohol, Tobacco and
Firearms to investigate and solve acts of arson against
African-American churches, pursuant to 31 U.S.C. 1107 (H.
Doc. No. 104-234); to the Committee on Appropriations and
ordered to be printed.
3688. A letter from the Secretary of the Navy, transmitting
the Secretary's determination and findings: Authority to
award a contract to privatize the Naval Air Warfare Center,
Aircraft Division, Indianapolis, based on public interest
exception to requirement for full and open competition,
pursuant to 10 U.S.C. 2304(c)(7); to the Committee on
National Security.
3689. A letter from the Secretary of the Navy, transmitting
the Secretary's determination and findings: Authority to
award a contract for overhaul, remanufacture, repair and life
cycle maintenance support of Navy MK15 Phalanx, MK49 Rolling
Airframe Missile Launcher, MK23 Target Acquisition System,
based on public interest exception to requirement for full
and open competition, pursuant to 10 U.S.C. 2304(c)(7); to
the Committee on National Security.
3690. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--Bilingual Education: Graduate
Fellowship Program (RIN: 1885-AA21) received June 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
3691. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--William D. Ford Federal Direct Loan
Program (RIN: 1840-AC19) received June 13, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Economic and
Educational Opportunities.
[[Page 1386]]
3692. A letter from the Secretary of Education,
transmitting final regulations--William D. Ford Federal
Direct Loan Program, pursuant to 20 U.S.C. 1232(d)(1); to the
Committee on Economic and Educational Opportunities.
3693. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Child Restraint
Systems (National Highway Traffic Safety Administration)
[Docket No. 74-09; Notices 46] (RIN: 2127-AF02) received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3694. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-32: Suspending
restrictions on United States relations with the Palestine
Liberation Organization, pursuant to Public Law 104-107,
section 604(b)(1) (110 Stat. 756); to the Committee on
International Relations.
3695. A letter from the Director, Resource Management and
Planning Staff, Trade Development, International Trade
Administration, transmitting the Administration's final
rule--Market Development Cooperator Program [Docket No.
950207043-6128-02] (RIN: 0625-ZA03) received June 14, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
International Relations.
3696. A letter from the Deputy Director, Office of Public/
Private Initiatives, International Trade Administration,
transmitting the Administration's final rule--International
Buyer Program (Formerly know as the Foreign Buyer Program);
Support for Domestic Trade Shows [Docket No. 960611170-6170-
01] (RIN: 0625-XX07) received June 14, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on International
Relations.
3697. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List--received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
3698. A letter from the Secretary, Smithsonian Institution,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3699. A letter from the Commissioner, Social Security
Administration, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, pursuant to 5 U.S.C. app.
(Insp. Gen. Act) section 5(b); to the Committee on Government
Reform and Oversight.
3700. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Addition of Great Bay National
Wildlife Refuge to the List of Open Areas for Hunting in New
Hampshire (Fish and Wildlife Service) (RIN: 1018-AD44)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3701. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Addition of Ohio River Islands
National Wildlife Refuge to the List of Open Areas for Sport
Fishing in West Virginia, Pennsylvania, and Kentucky (Fish
and Wildlife Service) (RIN: 1018-AD43) received June 17,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3702. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Bering Sea and Aleutian Islands Area; Trawl Rock Sole/
Flathead Sole/``Other Flatfish'' Fishery Category [Docket No.
960129019-6019-01; I.D. 060696E] received June 14, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3703. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Gulf of Alaska; Pollock in Statistical Area 630 [Docket
No. 960129018-6018-01; I.D. 052896D] received June 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
3704. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Exclusive Economic Zone Off
Alaska [Docket No. 960531152-6152-01; I.D. 042996B] received
June 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
3705. A letter from the Assistant General Counsel, U.S.
Information Agency, transmitting the Agency's final rule--
Exchange Visitor Program (22 CFR Part 514) received June 7,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
the Judiciary.
3706. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations: Atlantic Intracoastal
Waterway, Sunset Beach, NC (U.S. Coast Guard) [CGD05-95-048]
(RIN: 2115-AE47) received June 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3707. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulatory Review: Gas Pipeline Safety Standards Final
Regulatory Evaluation (Research and Special Programs
Administration) [Docket PS-124; Final Rule] (RIN: 2137-AC25)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3708. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--Oil
Spill Prevention and Response Plans (Research and Special
Programs Administration) [Docket Nos. HM-214 and PC-1;
Amendment No. 130-2] (RIN: 2137-AC31) received June 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3709. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Veterans Education: Course
Measurement for Graduate Courses (RIN: 2900-AH39) received
June 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
3710. A letter from the Assistant Secretary for Employment
and Training, Department of Labor, transmitting the
Department's final rule--Unemployment Insurance Program
Letter 23-96--received June 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3711. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Revision of Section 482 Cost Sharing Regulations (RIN: 1545-
AU20) received May 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3712. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--Payment For Vocational Rehabilitation Services
Furnished Individuals During Certain Months of Nonpayment of
Supplemental Security Income Benefits (20 CFR Parts 404 and
406) [Regulation Nos. 4 and 16] (RIN 0960-AD39) received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
para.76.7 interior appropriations
Mr. REGULA submitted a privileged report (Rept. No. 104-625) on the
bill (H.R. 3662) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1997, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.76.8 security markets deregulation
Mr. BLILEY moved to suspend the rules and pass the bill (H.R. 3005) to
amend the Federal securities laws in order to promote efficiency and
capital formation in the financial markets, and to amend the Investment
Company Act of 1940 to promote more efficient management of mutual
funds, protect investors, and provide more effective and less burdensome
regulation; as amended.
The SPEAKER pro tempore, Mr. WELLER, recognized Mr. BLILEY and Mr.
MARKEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WELLER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. BLILEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. WELLER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.76.9 anti-car theft improvements
Mr. McCOLLUM moved to suspend the rules and pass the bill (H.R. 2803)
to amend the anti-car theft provisions of title 49, United States Code,
to increase the utility of motor vehicle title information to State and
Federal law enforcement officials, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. WELLER, recognized Mr. McCOLLUM and Mr.
WATT of North Carolina, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. NETHERCUTT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was,
[[Page 1387]]
by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.76.10 church arson prevention
Mr. HYDE moved to suspend the rules and pass the bill (H.R. 3525) to
amend title 18, United States Code, to clarify the Federal jurisdiction
over offenses relating to damage to religious property; as amended.
The SPEAKER pro tempore, Mr. NETHERCUTT, recognized Mr. HYDE and Mr.
CONYERS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. NETHERCUTT, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. HYDE demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, MR. NETHERCUTT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.76.11 william h. natcher bridge
Mr. PETRI moved to suspend the rules and pass the bill (H.R. 3572) to
designate the bridge on United States Route 231 which crosses the Ohio
River between Maceo, Kentucky, and Rockport, Indiana, as the ``William
H. Natcher Bridge''.
The SPEAKER pro tempore, Mr. NETHERCUTT, recognized Mr. PETRI and Mr.
RAHALL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. NETHERCUTT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.76.12 single audit act amendments
Mr. HORN moved to suspend the rules and pass the bill of the Senate
(S. 1579) to streamline and improve the effectiveness of chapter 75 of
title 31, United States Code (commonly referred to as the ``Single Audit
Act'').
The SPEAKER pro tempore, Mr. NETHERCUTT, recognized Mr. HORN and Ms.
MALONEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. STEARNS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.76.13 iran oil sanction
Mr. GILMAN moved to suspend the rules and pass the bill (H.R. 3107) to
impose sanctions on persons exporting certain goods or technology that
would enhance Iran's ability to explore for, extract, refine, or
transport by pipeline petroleum resources, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. STEARNS, recognized Mr. GILMAN and Mr.
HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. STEARNS, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GILMAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. STEARNS, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.76.14 suspension votes redesignated
The SPEAKER pro tempore, Mr. STEARNS, pursuant to clause 5(b) of rule
I, announced the redesignation of the time for resumption of further
proceedings on the motions to suspend the rules and pass H.R. 3005 and
H.R. 3107 to be Wednesday, June 19, 1996.
para.76.15 h.r. 3525--unfinished business
The SPEAKER pro tempore, Mr. STEARNS, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3525) to amend title 18, United States Code, to
clarify the Federal jurisdiction over offenses relating to damage to
religious property; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
422
<3-line {>
affirmative
Nays
0
para.76.16 [Roll No. 248]
YEAS--422
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
[[Page 1388]]
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--12
Collins (MI)
Ehrlich
Emerson
Flake
Ford
Gallegly
Lincoln
McDade
Myers
Peterson (FL)
Ramstad
Waters
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.76.17 permission to file report
On motion of Mr. LEWIS of California, by unanimous consent, the
Committee on Approriations was granted permission until midnight
tonight, to file a privileged report (Rept. No. 104-628) on the bill
(H.R. 3666) making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for fiscal year
ending September 30, 1997, and for other purposes.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.76.18 paperwork and regulatory reduction for depository
institutions
On motion of Mr. LEACH, by unanimous consent,
Ordered, That the Committee on Banking and Financial Services be
permitted to file a supplemental report to House Report 104-193 on the
bill (H.R. 1858) to reduce paperwork and additional regulatory burdens
for depository institutions.
para.76.19 providing for the consideration of h.r. 3662
Ms. PRYCE, by direction of the Committee on Rules, reported (Rept. No.
104-627) the resolution (H. Res. 455) providing for the consideration
the bill (H.R. 3662) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.76.20 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1488. An Act to convert certain excepted service
positions in the United States Fire Administration to
competitive service positions, and for other purposes; to the
Committee on Government Reform and Oversight, and in addition
to the Committee on Science, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
para.76.21 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. WATERS, for today;
To Mrs. LINCOLN, for today and balance of the week; and
To Mr. RAMSTAD, for today.
And then,
para.76.22 adjournment
On motion of Mr. MENENDEZ, at 10 o'clock and 32 minutes p.m., the
House adjourned.
para.76.23 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. LEACH: Committee on Banking and Financial Services.
Supplemental report on H.R. 1858. A bill to reduce paperwork
and additional regulatory burdens for depository institutions
(Rept. No. 104-193, Pt. 2).
Mr. REGULA: Committee on Appropriations. H.R. 3662. A bill
making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30,
1997, and for other purposes (Rept. No. 104-625). Referred to
the Committee of the Whole House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3572. A bill to designate the bridge on
U.S. Route 231 which crosses the Ohio River between Maceo,
KY, and Rockport, IN, as the ``William H. Natcher Bridge''
(Rept. No. 104-626). Referred to the House Calendar.
Ms. PRYCE: Committee on Rules. House Resolution 455.
Resolution providing for consideration of the bill (H.R.
3662) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
627). Referred to the House Calendar.
Mr. LEWIS of California: Committee on Appropriations. H.R.
3666. A bill making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
628). Referred to the Committee of the Whole House on the
State of the Union.
Mr. ARCHER: Committee on Ways and Means. H.R. 3161. A bill
to authorize the extension of nondiscriminatory treatment--
most-favored-nation treatment--to the products of Romania
(Rept. No. 104-629). Referred to the Committee of the Whole
House on the State of the Union.
para.76.24 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. REGULA:
H.R. 3662. A bill making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. DAVIS (for himself, Ms. Norton, Mr. McHugh, Mr.
Gutknecht, Mr. LaTourette, Mr. Flanagan, Mr. Towns,
Miss Collins of Michigan, Mr. Hoyer, Mrs. Morella,
Mr. Moran, and Mr. Wynn):
H.R. 3663. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to permit the
Council of the District of Columbia to authorize the issuance
of revenue bonds with respect to water and sewer facilities,
and for other purposes; to the Committee on Government Reform
and Oversight.
By Mr. DAVIS:
H.R. 3664. A bill to make miscellaneous and technical
corrections to improve the operations of the government of
the District of Columbia; to the Committee on Government
Reform and Oversight.
By Mr. ROBERTS (for himself, Mr. de la Garza, Mr.
Emerson, Mr. Rose, Mr. Combest, Mr. Stenholm, Mr.
Boehner, Mr. Johnson of South Dakota, Mr. Baker of
Louisiana, Mr. Hilliard, Mr. Calvert, Mr. Pomeroy,
Mr. Cooley, Mr. Bishop, Mr. LaHood, Mr. Baldacci, and
Mr. Wise):
H.R. 3665. A bill to transfer to the Secretary of
Agriculture the authority to conduct the census of
agriculture; to the Committee on Government Reform and
Oversight, and in addition to the Committee on Agriculture,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. LEWIS of California:
H.R. 3666. A bill making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.
By Mr. CRANE:
H.R. 3667. A bill to amend the Internal Revenue Code of
1986 to exclude tips from gross income; to the Committee on
Ways and Means.
By Mr. DORNAN:
H.R. 3668. A bill to require the Secretary of Defense to
provide back pay to the Vietnamese commandos who were
employed by the United States during the Vietnam conflict to
conduct covert operations in North Vietnam so as to
compensate the commandos for the years in which they were
imprisoned and persecuted in Vietnam; to the Committee on
National Security.
[[Page 1389]]
By Mr. FILNER:
H.R. 3669. A bill to establish sources of funding for
certain transportation infrastructure projects in the
vicinity of the border between the United States and Mexico
that are necessary to accommodate increased traffic resulting
from the implementation of the North American Free-Trade
Agreement, including construction of new Federal border
crossing facilities, and for other purposes; to the Committee
on Transportation and Infrastructure.
By Mr. SCHAEFER:
H.R. 3670. A bill to extend certain programs under the
Energy Policy and Conservation Act through fiscal year 1998,
and for other purposes; to the Committee on Commerce, and in
addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TAUZIN:
H.R. 3671. A bill to provide for the recognition of the
United Houma Nation and to provide for the settlement of land
claims of the United Houma Nation; to the Committee on
Resources.
By Mr. WAXMAN:
H.R. 3672. A bill to amend the Federal Food, Drug, and
Cosmetic Act to repeal the provisions for the certification
of drugs containing insulin and antibiotics; to the Committee
on Commerce.
By Mr. GILMAN (for himself, Mr. Bereuter, Mr.
Faleomavaega, and Mr. Berman):
H. Con. Res. 189. Concurrent resolution expressing the
sense of the Congress regarding the importance of U.S.
membership in regional South Pacific organizations; to the
Committee on International Relations.
para.76.25 memorials
Under clause 4 of rule XXII:
226. The SPEAKER presented a memorial of the Senate of the
State of Oklahoma, relative to Senate Concurrent Resolution
No. 57 relating to atomic veterans; requesting recognition of
such veterans; requesting the Oklahoma congressional
delegation to propose or support certain benefits and medals
for such veterans; and directing distribution; to the
Committee on Veterans' Affairs.
para.76.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 351: Mr. Bilbray and Mr. McKeon.
H.R. 550: Mr. Frelinghuysen.
H.R. 797: Mr. Frazer and Ms. Lofgren.
H.R. 820: Mr. Martinez, Mr. Stupak, Mr. Matsui, Mr. Wolf,
Mr. Visclosky, Mr. Dixon, Mr. Portman, Mr. Johsnon of South
Dakota, Mr. Bunning of Kentucky, and Mr. Crapo.
H.R. 938: Mr. Wicker.
H.R. 972: Ms. DeLauro.
H.R. 1000: Mr. Coyne.
H.R. 1023: Mr. Barrett of Nebraska.
H.R. 1462: Mr. Stokes, Mr. Christensen, Mr. Meehan, Mr.
Peterson of Minnesota, Mr. Coleman, Mr. Schumer, Ms. Dunn of
Washington, Mr. Clyburn, and Mr. Calvert.
H.R. 1512: Mr. Barr.
H.R. 1859: Ms. Jackson-Lee.
H.R. 1998: Mr. Laughlin, Mr. Zeliff, Mr. Crapo, and Ms.
McKinney.
H.R. 2026: Mr. Schumer, Mr. Shaw, Mr. Hobson, Mr. Bishop,
and Mr. Bunning of Kentucky.
H.R. 2200: Mr. Bevill and Mr. Sawyer.
H.R. 2209: Mr. Radanovich, Mr. Walsh, and Mrs. Morella.
H.R. 2246: Mr. Gordon and Mr. Weldon of Pennsylvania.
H.R. 2270: Mr. Neumann.
H.R. 2333: Mr. McDermott.
H.R. 2421: Mr. Neal of Massachusetts, Mr. Ramstad, and Mr.
Frisa.
H.R. 2579: Mrs. Meek of Florida, Mr. Sisisky, Mr. Volkmer,
Mr. Wise, Mr. Martini, and Mr. Mollohan.
H.R. 2587: Mrs. Fowler and Mr. Kolbe.
H.R. 2654: Mr. Torricelli.
H.R. 2796: Mr. Hinchey.
H.R. 2892: Mr. Farr, Mr. Hastings of Washington, Mr. Frank
of Massachusetts, and Mr. Lantos.
H.R. 2900: Mr. Callahan, Mr. Spence, Mr. Riggs, Ms. Danner,
Mr. Metcalf, Mr. Hilleary, Mr. Foley, Mr. Whitfield, and Mr.
Doolittle.
H.R. 2951: Mr. Upton.
H.R. 2976: Mr. Flanagan, Ms. Kaptur, and Mr. Reed.
H.R. 3002: Mr. Crapo.
H.R. 3012: Mr. Ensign, Mr. Jones, Mr. Ackerman, Mr. Deal of
Georgia, Mr. Duncan, Mr. Jacobs, and Mr. Hefner.
H.R. 3030: Mr. Nadler.
H.R. 3089: Mr. Ackerman.
H.R. 3119: Ms. DeLauro.
H.R. 3211: Mr. Zimmer, Mr. Linder, Mr. Roberts, Mr. Ganske,
Mr. McCollum, Mr. Stearns, Mr. Gilchrest, Mr. Shadegg, Mr.
Taylor of North Carolina, and Mr. Sam Johnson.
H.R. 3245: Mr. Moakley and Mr. Green of Texas.
H.R. 3258: Mr. Radanovich.
H.R. 3294: Mr. Thompson and Mr. Cummings.
H.R. 3341: Mr. Stearns, Mr. Calvert, Mr. Gallegly, Mr.
Oxley, Mr. Green of Texas, Mr. Baker of Louisiana, Mr.
Greenwood, Mr. Manton, Mr. Ackerman, and Mr. Tate.
H.R. 3396: Mr. Allard, Mr. LaHood, Ms. Danner, Mr. Fields
of Texas, and Mr. Knollenberg.
H.R. 3449: Mr. Hayworth and Mr. Chapman.
H.R. 3455: Ms. Woolsey and Mr. Ackerman.
H.R. 3460: Mr. Heineman, Mr. Gekas, Mr. Frost, and Mr.
Dreier.
H.R. 3520: Mr. Lipinski and Mr. DeFazio.
H.R. 3580: Mr. McCollum, Mr. Weldon of Florida, Mr.
Gilchrest, Mr. Quillen, Mr. McKeon, Mr. Souder, Mr. Dornan,
Mr. Sam Johnson, Mr. Barton of Texas, Mr. Coburn, Mr.
Chambliss, Mr. Ehrlich, and Mr. Miller of Florida.
H.R. 3596: Mr. Fox.
H.R. 3604: Mr. Norwood.
H.R. 3606: Mr. Matsui, Mr. Berman, Mr. Hinchey, Ms. Rivers,
and Ms. Norton.
H.R. 3619: Mr. Lewis of Georgia.
H.R. 3643: Mr. Weller, Mr. Watts of Oklahoma, Mr.
Bilirakis, Mr. Smith of New Jersey, Ms. Brown of Florida, Mr.
Flanagan, Mr. Stearns, Mr. Deal of Georgia, and Mr. Quinn.
H.R. 3645: Mr. Towns
H.J. Res. 174: Mr. Shadegg.
H.J. Res. 182: Mr. Spratt, Mr. Hall of Ohio, Mr. Dellums,
and Mr. Engel.
H. Con. Res. 50: Mr. Durbin, and Mr. Levin.
H. Con. Res. 173: Mr. Mascara, Mr. Brewster, Mr. Gordon,
Mr. Cunningham, Mr. Lipinski, Mr. Hinchey, Ms. Danner, Ms.
Norton, Mr. Ackerman, Mr. Volkmer, Mr. Evans, Mrs. Kennelly,
and Mr. Green of Texas.
H. Con. Res. 183: Mr. Hoyer, Mr. Fazio of California, Mr.
Obey, Mr. de la Garza, Mr. Brown of Ohio, Mr. LaFalce, Mr.
Coleman, Mr. Tejeda, Mr. Souder, Ms. Brown of Florida, Mr.
Kildee, Mr. Coyne, Mr. Fox, Mr. Towns, Mr. Beilenson, Mr.
Quinn, Mr. Dixon, Mr. McDermott, Mr. Ballenger, Ms. Lofgren,
Mr. Spratt, Mr. Cardin, Mr. Stenholm, Mr. Stupak, Mr.
Poshard, Mr. Torres, Mrs. Johnson of Connecticut, Ms.
McCarthy, Mr. Pomeroy, Mr. Neal of Massachusetts, Mr.
Sisisky, Mr. Schumer, Mr. Dooley, Mr. Volkmer, Mr. Gordon,
Mr. Dickey, Mr. Chambliss, Mr. Baker of California, Mr.
Skeen, Mr. Watts of Oklahoma, Mr. Minge, Mr. Kennedy of Rhode
Island, Mr. Gutierrez, Mr. Conyers, Mr. Underwood, and Mr.
Green of Texas.
H. Res. 30: Mr. Lewis of Kentucky.
H. Res. 123: Mr. Porter.
H. Res. 423: Mr. Minge, Mr. Hayworth, Mr. Leach, Mr.
Zimmer, and Mr. Goss.
H. Res. 439: Mrs. Roukema and Ms. DeLauro.
H. Res. 454: Mr. DeFazio, Mrs. Clayton, and Mr. Frank of
Massachusetts.
para.76.27 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 94: Mr. Christensen.
H.R. 1972: Mr. McDade.
H.R. 2618: Ms. Slaughter.
H.J. Res. 182: Mr. Fazio of California.
.
WEDNESDAY, JUNE 19, 1996 (77)
para.77.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. COLLINS
of Georgia, who laid before the House the following communication:
Washington, DC,
June 19, 1996.
I hereby designate the Honorable Mac Collins to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.77.2 approval of the journal
The SPEAKER pro tempore, Mr. COLLINS of Georgia, announced he had
examined and approved the Journal of the proceedings of Tuesday, June
18, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.77.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3713. A letter from the Regulatory Review Officer,
Agricultural Marketing Service, transmitting the Service's
final rule--Apricots Grown in Washington; Temporary
Suspension of the Minimum Grade Requirement [Docket No. FV-
96-922-1IFR] to the Committee on Agriculture.
3714. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Cranberries Grown in the States of Massachusetts, Rhode
Island, Connecticut, New Jersey, Wisconsin, Michigan,
Minnesota, Oregon, Washington, and Long Island in the State
of New York [Docket No. FV-96-929-1FR] received June 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3715. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Colorado; Assessment Rate [Docket No.
FV-96-948-1IFR] received June 18, 1996, pursuant to 5 U.S.C.
810(a)(1)(A); to the Committee on Agriculture.
3716. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Fresh Cut Flowers and Fresh Cut Greens Promotion and Consumer
Information Order--Postponement of Assessment [Docket No. FV-
96-702FR] received June 18, 1996, pursuant to 5 U.S.C.
[[Page 1390]]
801(a)(1)(A); to the Committee on Agriculture.
3717. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Limes and Avocadoes Grown in Florida; Relaxation of Container
Marketing Requirements [Docket No. FV-96-911-41FR] received
June 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3718. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Graps Grown in a Designated Area of Southeastern California;
Revision of Container Requirements [Docket No. FV-96-925-
1IFR] received June 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3719. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Washington; Modification of the
Minimum Size Requirements [Docket No. FV-96-946-1FR] received
June 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3720. A letter from the Director, Office of Bilingual
Education and Minority Languages Affairs, Department of
Education, transmitting final regulations--Bilingual
Education: Graduate Fellowship Program, pursuant to 20 U.S.C.
1232(f); to the Committee on Economic and Educational
Opportunities.
3721. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--Notice of Final Priority and
Limitation on Use of Funds for Fiscal Years 1996; Elementary
School Mathematics and Science Equipment Program (Fund for
the Improvement of Education (FIE)) received June 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
3722. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California--Mammoth
Lakes Nonattainment Area; PM10 (FRL-5511-4) received June 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3723. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; State of Michigan (FRL-
5525-4) received June 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3724. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Triflusulfuron Methyl;
Pesticide Tolerance (FRL-5377-7) received June 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3725. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Sodium Salt of
Acifluorfen; Pesticide Tolerance (FRL-5371-4) received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3726. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Diquat; Pesticide
Tolerance (FRL-5372-5) received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3727. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--1,1,1,2-
Tetrafluoroethane; Pesticide Tolerance (FRL-5376-3) received
June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3728. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Oxidized Pine Lignin,
Sodium Salt; Pesticide Tolerance (FRL-5375-9) received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3729. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Quizalofop Ethyl;
Pesticide Tolerance for Use on Pineapple (FRL-5373-5)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3730. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Aluminum Tris (O-
ethlyphosphonate); Pesticide Tolerance for Use in or on
Blueberry (FRL-5374-7) received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3731. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Diflubenzuron;
Pesticide Tolerance for Use on Artichokes (FRL-5370-8)
received June 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3732. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Amendment to the
National Emission Standards for Hazardous Air Pollutants for
Shipbuilding and Ship Repair (Surface Coating) Operations
(FRL-5521-5) received June 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3733. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Plans; Louisiana; Revision to the
State Implementation Plan (SIP) Addressing Ozone Monitoring
(FRL-5522-6) received June 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3734. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Operating Permits
Program Interim Approval Criteria (FRL-5521-4) received June
17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3735. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Fenoxaprop-Ethyl;
Extension of Study Due Date and Time-Limited Tolerances;
Correction (FRL-5372-4) received June 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3736. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutants for Source Categories:
Organic Hazardous Air Pollutants from the Synthic Organic
Chemical Manufacturing Industry and Other Processes Subject
to the Negotiated Regulation for Equipment Leaks;
Clarifications (FRL-5521-7) received June 17, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3737. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
3738. A letter from the Associate Attorney General of the
United States, transmitting a report activities under the
Freedom of Information Act for the calendar year 1995,
pursuant to 5 U.S.C. 552(d); to the Committee on Government
Reform and Oversight.
3739. A letter from the Secretary of the Treasury,
transmitting the semiannual report on activities of the
inspector general for the period October 1, 1995, through
March 1, 1996, and the Secretary's semiannual report for the
same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act)
section 5(b); to the Committee on Government Reform and
Oversight.
3740. A letter from the Assistant Secretary of Indian
Affairs, Department of the Interior, transmitting the
Department's final rule--Leasing of Tribal Lands for Mineral
Development and Leasing of Allotted Lands for Mineral
Development (Bureau of Indian Affairs) (RIN: 1076-AA82)
received June 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
para.77.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3029. An Act to designate the United States courthouse
in Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse.''
The message also announced that pursuant to Public Law 85-874, as
amended, the Chair, on behalf of the President of the Senate, appoints
the Senator from Wyoming [Mr. Simpson] to the Board of Trustees of the
John F. Kennedy Center for the Performing Arts.
para.77.5 committees and subcommittees to sit
On motion of Mr. GILLMOR, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on National Security, the
Committee on Resources, the Committee on Science, the Committee on
Transportation and Infrastructure, the Committee on Veterans' Affairs,
and the Permanent Select Committee on Intelligence.
para.77.6 providing for the consideration of h.r. 3662
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 455):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3662) making appropriations for the Department
of the Interior and related agencies for the fiscal year
[[Page 1391]]
ending September 30, 1997, and for other purposes. The first
reading of the bill shall be dispensed with. Points of order
against consideration of the bill for failure to comply with
clause 2(l)(6) of rule XI or clause 7 of rule XXI are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule. Points
of order against provisions in the bill (other than section
117 and the first two provisos under the heading ``Strategic
Petroleum Reserve'') for failure to comply with clause 2 or 6
of rule XXI are waived. Where points of order are waived
against part of a paragraph, points of order against a
provision in another part of such paragraph may be made only
against such provision and not against the entire paragraph.
An amendment striking the last proviso under the heading
``Strategic Petroleum Reserve'' shall be considered as
adopted in the House and in the Committee of the Whole.
During further consideration of the bill for amendment, the
Chairman of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. The Chairman of the Committee of the Whole may postpone
until a time during further consideration in the Committee of
the Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or his
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Ms. PRYCE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.77.7 h.r. 3005--unfinished business
The SPEAKER pro tempore, Mr. COLLINS of Georgia, pursuant to clause 5,
rule I, announced the unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3005) to amend the Federal securities
laws in order to promote efficiency and capital formation in the
financial markets, and to amend the Investment Company Act of 1940 to
promote more efficient management of mutual funds, protect investors,
and provide more effective and less burdensome regulation; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
Yeas
407
It was decided in the
Nays
8
<3-line {>
affirmative
Answered present
1
para.77.8 [Roll No. 249]
YEAS--407
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--8
Chenoweth
Crapo
DeFazio
Montgomery
Parker
Sanders
Taylor (MS)
Vucanovich
ANSWERED ``PRESENT''--1
Lowey
NOT VOTING--18
Boehlert
Collins (MI)
Emerson
Ford
Frank (MA)
Franks (CT)
Gallegly
Kaptur
Lincoln
McDade
Peterson (FL)
Ramstad
Schumer
Scott
Tauzin
Volkmer
Waters
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.77.9 h.r. 3107--unfinished business
The SPEAKER pro tempore, Mr. COLLINS of Georgia, pursuant to clause 5,
rule I, announced the further unfinished business to be the motion to
suspend the rules and pass the bill (H.R. 3107) to impose sanctions on
persons exporting certain goods or technology that would enhance Iran's
abil
[[Page 1392]]
ity to explore for, extract, refine, or transport by pipeline petroleum
resources, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
415
<3-line {>
affirmative
Nays
0
para.77.10 [Roll No. 250]
YEAS--415
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--19
Boehlert
Bonior
Collins (MI)
Emerson
Ford
Frank (MA)
Franks (CT)
Gallegly
Kaptur
Lincoln
Martini
McDade
Meek
Peterson (FL)
Ramstad
Schumer
Serrano
Tauzin
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
impose sanctions on persons making certain investments directly and
significantly contributing to the enhancement of the ability of Iran or
Libya to develop its petroleum resources, and on persons exporting
certain items that enhance Libya's weapons or aviation capabilities or
enhance Libya's ability to develop its petroleum resources, and for
other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.77.11 interior appropriations
The SPEAKER pro tempore, Mr. COLLINS of Georgia, pursuant to House
Resolution 455 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 3662) making appropriations for the
Department of Interior and related agencies for the fiscal year ending
September 30, 1997, and for other purposes.
The SPEAKER pro tempore, Mr. COLLINS of Georgia, by unanimous consent,
designated Mr. BURTON as Chairman of the Committee of the Whole; and
after some time spent therein,
para.77.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FARR:
In the item relating to the DEPARTMENT OF THE INTERIOR--
Bureau of Land Management--Land Acquisition, insert
``(increased by $4,750,000)'' after the dollar amount.
In the item relating to the DEPARTMENT OF THE INTERIOR--
United States Fish and Wildlife Service--Land Acquisition,
insert ``(increased by $37,300,000)'' after the dollar
amount.
In the item relating to the DEPARTMENT OF THE INTERIOR--
National Park Service--Land Acquisition and State
Assistance--
(1) insert ``(increased by $57,790,000)'' after the first
dollar amount; and
(2) insert ``(increased by $2,240,000)'' after the second
dollar amount.
In the item relating to RELATED AGENCIES--Department of
Agriculture--Forest Service--Land Acquisition, insert
``(increased by $35,310,000)'' after the dollar amount.
In the item relating to DEPARTMENT OF ENERGY--Fossil Energy
research Development, insert ``(reduced by $135,150,000)''
after the dollar amount.
It was decided in the
Yeas
183
<3-line {>
negative
Nays
235
para.77.13 [Roll No. 251]
AYES--183
Abercrombie
Ackerman
Andrews
Baesler
Baker (CA)
Baldacci
Barcia
Barrett (WI)
Bass
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Blumenauer
Blute
Boehlert
Bonior
Brown (FL)
Brown (OH)
Camp
Campbell
Canady
Cardin
Castle
Chabot
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Cox
Cummings
Cunningham
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dixon
Ehrlich
Engel
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Goss
Gutierrez
Harman
Hastings (FL)
Hinchey
Horn
Jackson (IL)
Jacobs
Johnson (SD)
Johnston
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klug
LaFalce
LaHood
Lantos
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Matsui
McCarthy
McCollum
[[Page 1393]]
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moran
Nadler
Neal
Obey
Olver
Owens
Pallone
Pastor
Pelosi
Petri
Porter
Rangel
Reed
Richardson
Riggs
Rivers
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schroeder
Seastrand
Serrano
Shadegg
Shaw
Shays
Slaughter
Smith (NJ)
Spratt
Stark
Stearns
Stokes
Studds
Taylor (MS)
Thurman
Torkildsen
Torricelli
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Woolsey
Wynn
Young (FL)
Zimmer
NOES--235
Allard
Archer
Armey
Bachus
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bentsen
Bevill
Bishop
Bliley
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
Davis
de la Garza
Deal
DeLay
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
English
Everett
Fields (LA)
Foglietta
Ford
Frisa
Frost
Funderburk
Gekas
Geren
Gillmor
Goodlatte
Goodling
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Manzullo
Mascara
McCrery
McHugh
McIntosh
McKeon
Metcalf
Meyers
Moakley
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (NJ)
Payne (VA)
Peterson (MN)
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Sabo
Sanford
Schaefer
Schiff
Scott
Sensenbrenner
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Traficant
Vucanovich
Walker
Wamp
Ward
Watts (OK)
Whitfield
Wicker
Williams
Wise
Wolf
Yates
Young (AK)
Zeliff
NOT VOTING--16
Brownback
Bryant (TX)
Emerson
Fields (TX)
Franks (CT)
Gallegly
Hyde
Lincoln
McDade
Montgomery
Peterson (FL)
Ramstad
Schumer
Tauzin
Torres
Wilson
So the amendment was not agreed to.
After some further time,
para.77.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WALKER:
In the item relating to ``National Park Service--operation
of the national park system'', after the third dollar amount,
insert the following: ``(increased by $62,000,000)''.
In the item relating to ``Bureau of Indian Affairs--
operation of Indian programs''--
(1) after the first dollar amount insert the following:
``(increased by $27,534,000)''; and
(2) after the fourth dollar amount, insert the following:
``(increased by $27,534,000)''; and
In the item relating to ``Department of Energy--fossil
energy research and development'', after the dollar amount,
insert the following: ``(reduced by $137,804,000)''.
It was decided in the
Yeas
196
<3-line {>
negative
Nays
224
para.77.15 [Roll No. 252]
AYES--196
Allard
Andrews
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Beilenson
Bereuter
Berman
Bilbray
Blumenauer
Blute
Boehlert
Bonior
Brown (OH)
Burr
Burton
Buyer
Camp
Campbell
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Coble
Coburn
Coleman
Collins (GA)
Cooley
Cox
Crane
Cummings
Cunningham
Danner
Deal
DeFazio
Dellums
Dingell
Dornan
Duncan
Dunn
Ehlers
Ehrlich
Ensign
Eshoo
Evans
Ewing
Fawell
Filner
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Furse
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gonzalez
Goodling
Gordon
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hancock
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hilleary
Hinchey
Hoekstra
Horn
Hostettler
Hyde
Inglis
Jackson (IL)
Jacobs
Johnson (SD)
Johnston
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
Kingston
Kleczka
Klug
LaFalce
LaHood
Lantos
Latham
Lazio
Leach
Levin
Linder
LoBiondo
Lofgren
Longley
Lowey
Luther
Manton
Manzullo
Markey
Martinez
Martini
McCarthy
McCollum
McDermott
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Mica
Miller (CA)
Minge
Mink
Montgomery
Myrick
Nethercutt
Neumann
Norwood
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Pelosi
Peterson (MN)
Petri
Porter
Quinn
Reed
Richardson
Riggs
Rivers
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Seastrand
Sensenbrenner
Serrano
Shadegg
Shays
Smith (MI)
Smith (NJ)
Smith (WA)
Stark
Stearns
Studds
Stump
Talent
Tate
Tejeda
Thurman
Torkildsen
Torricelli
Upton
Vento
Walker
Walsh
Waters
Waxman
Weldon (FL)
Weldon (PA)
White
Woolsey
Young (AK)
Zimmer
NOES--224
Abercrombie
Ackerman
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barton
Bateman
Becerra
Bentsen
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Callahan
Calvert
Canady
Chambliss
Chapman
Chenoweth
Clayton
Clement
Clinger
Clyburn
Collins (IL)
Collins (MI)
Combest
Condit
Costello
Coyne
Cramer
Crapo
Cremeans
Cubin
Davis
de la Garza
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Durbin
Edwards
Engel
English
Everett
Farr
Fattah
Fazio
Flake
Foglietta
Ford
Franks (CT)
Frisa
Frost
Funderburk
Geren
Gibbons
Gilman
Goodlatte
Goss
Graham
Green (TX)
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hayes
Hefner
Heineman
Herger
Hilliard
Hobson
Hoke
Holden
Houghton
Hoyer
Hunter
Hutchinson
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennelly
King
Klink
Knollenberg
Kolbe
Largent
LaTourette
Laughlin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lucas
Maloney
Mascara
Matsui
McCrery
McHale
McIntosh
Menendez
Meyers
Millender-McDonald
Miller (FL)
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Ney
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Rangel
Regula
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Sawyer
Schaefer
Schiff
Schroeder
Scott
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (TX)
Solomon
Souder
Spence
Spratt
Stenholm
Stockman
Stokes
Stupak
Tanner
Taylor (MS)
Taylor (NC)
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Torres
Towns
Traficant
Velazquez
Visclosky
Volkmer
Vucanovich
Wamp
Ward
Watt (NC)
Watts (OK)
Weller
Whitfield
Wicker
Williams
Wise
Wolf
Wynn
Yates
Young (FL)
Zeliff
NOT VOTING--14
Brownback
Conyers
Emerson
Fields (LA)
Fields (TX)
Gallegly
Lincoln
McDade
[[Page 1394]]
Payne (NJ)
Peterson (FL)
Ramstad
Schumer
Tauzin
Wilson
So the amendment was not agreed to.
After some further time,
para.77.16 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. DICKS:
On page 47 of the bill, strike lines 3 through 9.
It was decided in the
Yeas
257
<3-line {>
affirmative
Nays
164
para.77.17 [Roll No. 253]
AYES--257
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Camp
Campbell
Cardin
Castle
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Ehlers
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gordon
Goss
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastert
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Horn
Houghton
Hoyer
Hutchinson
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Portman
Poshard
Pryce
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tate
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Zimmer
NOES--164
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehrlich
Everett
Fowler
Frisa
Funderburk
Ganske
Gekas
Geren
Gonzalez
Goodlatte
Goodling
Graham
Greene (UT)
Hall (TX)
Hancock
Hansen
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hyde
Istook
Johnson, Sam
Jones
Kim
King
Knollenberg
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCrery
McHugh
McInnis
McIntosh
McKeon
Mica
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Pickett
Pombo
Porter
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Schaefer
Seastrand
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Traficant
Vucanovich
Walker
Wamp
Watts (OK)
Whitfield
Wicker
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Baesler
Brownback
Emerson
Fields (TX)
Gallegly
Hayes
Lincoln
McDade
Peterson (FL)
Ramstad
Tauzin
Thomas
Torricelli
So the amendment was agreed to.
After some further time,
para.77.18 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. RICHARDSON:
On page 10, Under the item ``United States Fish and
Wildlife Service'', under the item `'resource management'',
after the second dollar amount insert ``(increased by
$5,000,000)''.
On page 58, Under the item ``Department of Energy'', under
the item ``fossil energy research and development'', after
the first dollar amount insert ``(reduced by $5,000,000)''.
It was decided in the
Yeas
200
<3-line {>
negative
Nays
220
para.77.19 [Roll No. 254]
AYES--200
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Burr
Camp
Cardin
Castle
Chabot
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Horn
Hoyer
Inglis
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klug
LaFalce
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martini
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Peterson (MN)
Petri
Porter
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Smith (MI)
Smith (NJ)
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Walker
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Williams
Wilson
Woolsey
Yates
Zimmer
NOES--220
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bateman
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Bono
Borski
Boucher
Browder
Bryant (TN)
Bunn
Bunning
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Everett
Ewing
Fowler
Franks (CT)
Frelinghuysen
Frisa
Funderburk
[[Page 1395]]
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goss
Graham
Greene (UT)
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Istook
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennelly
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Martinez
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Scarborough
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Vucanovich
Walsh
Wamp
Watts (OK)
White
Whitfield
Wicker
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--14
Brownback
Clinger
Emerson
Fields (TX)
Gallegly
Lantos
Lincoln
McDade
Payne (VA)
Pelosi
Peterson (FL)
Ramstad
Tauzin
Torricelli
So the amendment was not agreed to.
para.77.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. VENTO:
In the item relating to the DEPARTMENT OF THE INTERIOR--
National Park Service--Operation of the National Park System,
insert ``(increased by $23,480,000)'' after the third dollar
amount.
In the item relating to RELATED AGENCIES--Department of
Agriculture--Forest Service--Reconstruction and Construction,
insert ``(reduced by $28,050,000)'' after the first dollar
amount.
It was decided in the
Yeas
178
<3-line {>
negative
Nays
242
para.77.21 [Roll No. 255]
AYES--178
Ackerman
Andrews
Baldacci
Barrett (WI)
Bartlett
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chabot
Chapman
Chrysler
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Gutierrez
Gutknecht
Harman
Hastings (FL)
Hefley
Hilliard
Hinchey
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klug
LaFalce
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Porter
Portman
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Souder
Spratt
Stark
Stokes
Studds
Talent
Tejeda
Thompson
Thurman
Towns
Upton
Velazquez
Vento
Visclosky
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--242
Abercrombie
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barton
Bass
Bateman
Bentsen
Bevill
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chambliss
Chenoweth
Christensen
Clayton
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehrlich
Ensign
Everett
Ewing
Fawell
Fazio
Foley
Fowler
Franks (CT)
Frisa
Funderburk
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martinez
Mascara
Matsui
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Poshard
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Volkmer
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--14
Brownback
Clinger
Emerson
Fields (TX)
Gallegly
Lantos
Lincoln
McDade
Payne (VA)
Peterson (FL)
Ramstad
Tauzin
Torres
Torricelli
So the amendment was not agreed to.
para.77.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MILLER of
California:
In the item relating to the DEPARTMENT OF THE INTERIOR-
National Park Service-National Recreation and Preservation,
insert ``(increased by $10,000,000)'' after the dollar
amount.
In the item relating to DEPARTMENT OF ENERGY-Fossil Energy
Research and Development, insert ``(reduced by $10,000,000)''
after the dollar amount.
It was decided in the
Yeas
199
<3-line {>
negative
Nays
223
para.77.23 [Roll No. 256]
AYES--199
Abercrombie
Ackerman
Allard
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Castle
Chabot
Chapman
Chrysler
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cummings
Cunningham
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Engel
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Goodling
Green (TX)
Greenwood
Gutierrez
Harman
Hastings (FL)
Hinchey
Hoke
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
LaFalce
LaHood
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
[[Page 1396]]
Martinez
Martini
Matsui
McCarthy
McDermott
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Petri
Porter
Quinn
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Tanner
Taylor (MS)
Tejeda
Thompson
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Walker
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weller
Whitfield
Wilson
Woolsey
Wynn
Yates
Zimmer
NOES--223
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Everett
Fowler
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Gordon
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kelly
Kim
King
Klink
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Mascara
McCollum
McCrery
McHale
McHugh
McIntosh
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Regula
Riggs
Roberts
Rogers
Rohrabacher
Rose
Roth
Roukema
Royce
Salmon
Scarborough
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Volkmer
Vucanovich
Walsh
Watts (OK)
Weldon (PA)
White
Wicker
Williams
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--12
Brownback
Clinger
Emerson
Fields (TX)
Gallegly
Lantos
Lincoln
McDade
Peterson (FL)
Ramstad
Tauzin
Torricelli
So the amendment was not agreed to.
para.77.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. RICHARDSON:
On page 15
Under the item ``National Park Service'', under the item
``operation of the national park system'', after the 3d
dollar amount insert ``(increased by $15,579,000)''.
On page 50
In the item relating to Related Agencies--Department of
Agriculture--Forest Service--Reconstruction and Construction,
insert ``(reduced by $20,000,000)'' after the first dollar
amount.
It was decided in the
Yeas
203
<3-line {>
negative
Nays
218
para.77.25 [Roll No. 257]
AYES--203
Ackerman
Allard
Andrews
Baesler
Baldacci
Barrett (WI)
Bartlett
Becerra
Beilenson
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Chabot
Chapman
Chrysler
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cummings
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Duncan
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Gutierrez
Harman
Hastings (FL)
Hefley
Hinchey
Horn
Hoyer
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klug
LaFalce
LaHood
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martini
Matsui
McCarthy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Petri
Pomeroy
Porter
Portman
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Rohrabacher
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Souder
Spratt
Stark
Stokes
Studds
Talent
Tejeda
Thompson
Thurman
Torkildsen
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Whitfield
Williams
Wilson
Woolsey
Wynn
Yates
Zimmer
NOES--218
Abercrombie
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barton
Bass
Bateman
Bentsen
Bevill
Bliley
Boehner
Bonilla
Bono
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chambliss
Chenoweth
Christensen
Clement
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Durbin
Edwards
Everett
Fazio
Fowler
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Ganske
Gekas
Geren
Gillmor
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Istook
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Manzullo
Martinez
Mascara
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Pickett
Pombo
Poshard
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Roemer
Rogers
Roth
Roukema
Royce
Salmon
Scarborough
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
White
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Brownback
Clinger
Emerson
Fields (TX)
Gallegly
Lantos
Lincoln
McDade
Peterson (FL)
Ramstad
Tauzin
Torres
Torricelli
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. DIAZ-BALART, Acting Chairman, reported that the Committee,
having had under consideration
[[Page 1397]]
said bill, had come to no resolution thereon.
para.77.26 providing for the consideration of h.r. 3666
Mr. QUILLEN, by direction of the Committee on Rules, reported (Rept.
No. 104-630) the privileged resolution (H. Res. 456) providing for
consideration of the bill (H.R. 3666) making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1997, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.77.27 interior appropriations
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 455
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3662) making appropriations for the Department of
Interior and related agencies for the fiscal year ending September 30,
1997, and for other purposes.
Mr. DIAZ-BALART, Acting Chairman, resumed the chair; and after some
time spent therein,
para.77.28 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KENNEDY of
Massachusetts:
In the item relating to ``Forest Service--Reconstruction
and Construction''--
(1) after the first dollar amount, insert the following:
``(reduced by $12,000,000)''; and
(2) after the second dollar amount, insert the following:
``(reduced by $30,000,000)''.
It was decided in the
Yeas
211
<3-line {>
affirmative
Nays
210
para.77.29 [Roll No. 258]
AYES--211
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bilirakis
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Chabot
Chrysler
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Davis
DeLauro
Dellums
Deutsch
Diaz-Balart
Dingell
Dixon
Doggett
Duncan
Durbin
Ehlers
Engel
English
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Frank (MA)
Franks (NJ)
Frelinghuysen
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Goodling
Gordon
Goss
Greenwood
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Horn
Hostettler
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klug
LaFalce
LaHood
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Linder
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Moran
Morella
Myrick
Nadler
Neal
Neumann
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Petri
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shaw
Shays
Skaggs
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spratt
Stark
Stokes
Studds
Talent
Thompson
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Walker
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Woolsey
Young (FL)
Zimmer
NOES--210
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bishop
Bliley
Boehner
Bonilla
Bono
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chambliss
Chapman
Chenoweth
Christensen
Clayton
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Ensign
Everett
Fazio
Flake
Fowler
Fox
Franks (CT)
Frisa
Frost
Funderburk
Gekas
Geren
Gillmor
Gingrich
Gonzalez
Goodlatte
Graham
Green (TX)
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hoke
Holden
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Longley
Lucas
Mascara
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Mollohan
Montgomery
Moorhead
Murtha
Myers
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Pickett
Pombo
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Roth
Scarborough
Schaefer
Seastrand
Serrano
Shadegg
Shuster
Sisisky
Skeen
Skelton
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Volkmer
Vucanovich
Walsh
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Zeliff
NOT VOTING--14
Brownback
Cox
Emerson
Fields (TX)
Gallegly
Lantos
Lincoln
McDade
Peterson (FL)
Ramstad
Rose
Tauzin
Torricelli
Yates
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. BARTON, assumed the Chair.
When Mr. BURTON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.77.30 order of business--consideration of amendments--h.r. 3362
On motion of Mr. REGULA, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 3662)
making appropriations for the Department of Interior and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes, in the Committee of the Whole, pursuant to House Resolution
455, the bill shall be considered as read; and no amendment shall be in
order except for the following amendments, which shall be considered as
read, shall not be subject to amendment or to a demand for a division of
the question in the House or in the Committee of the Whole, and shall be
debatable for the time specified, equally divided and controlled by the
proponent and a Member opposed: Mr. Sanders (regarding weatherization),
20 minutes; Mr. Fox (regarding weatherization), 10 minutes; Mr. Parker
(regarding weatherization), 10 minutes; Mr. Faleomavaega (regarding the
red squirrel), 15 minutes; Mr. Hoekstra (regarding NEA), 10 minutes; Mr.
Shadegg (regarding NEH), 30 minutes; Mr. Klug or another Member
(regarding timber contracts), 10 minutes; Mr. DeFazio (regarding timber
sourcing), 10 minutes; Mr. Olver (regarding funding levels for codes and
standards), 10 minutes; Mr. Condit (regarding Endangered Species Act),
10 minutes; Mr. Sanders (regarding PILT), 20 minutes; Mrs. Furse/Mr.
Porter (regarding timber salvage), 60 minutes; Mr. Gutknecht (regarding
across-the-board cut), 20 minutes; Mrs. Chenoweth (regarding grizzly
bears), 10 minutes; Mr. Istook (regarding BIA), 20 minutes, and Mr.
Yates (regarding telecommunications), 10 minutes.
para.77.31 transportation appropriations
Mr. REGULA submitted a privileged report (Rept. No. 104-631) on the
bill (H.R. 3675) making appropriations for the Department of
Transportation and
[[Page 1398]]
related agencies for the fiscal year ending September 30, 1997, and for
other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.77.32 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which were thereupon signed by the Speaker:
H.R. 3029. An Act to designate the United States courthouse
in Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse.''
para.77.33 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1136. An Act to control and prevent commercial
counterfeiting, and for other purposes.
para.77.34 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. YATES, for today after 10 p.m.;
To Mr. RAMSTAD, for today and balance of the week; and
To Mr. TAUZIN, for today.
And then,
para.77.35 adjournment
On motion of Mr. HAYWORTH, at 12 o'clock midnight, the House
adjourned.
para.77.36 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. QUILLEN: Committee on Rules. House Resolution 456.
Resolution providing for consideration of the bill (H.R.
3666) making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1997, and
for other purposes (Rept. No. 104-630). Referred to the House
Calendar.
Mr. WOLF: Committee on Appropriations. H.R. 3675. A bill
making appropriations for the Department of Transportation
and related agencies for the fiscal year ending September 30,
1997, and for other purposes (Rept. No. 104-631). Referred to
the Committee of the Whole House on the State of the Union.
para.77.37 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Everett,
Mr. Evans, Mr. Buyer, and Mr. Filner):
H.R. 3673. A bill to amend title 38, United States Code, to
revise and improve certain veterans programs and benefits, to
authorize the American Battle Monuments Commission to enter
into arrangements for the repair and long-term maintenance of
war memorials for which the Commission assumes
responsibility, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Buyer,
Mr. Everett, Mr. Evans, and Mr. Mascara):
H.R. 3674. A bill to amend title 38, United States Code, to
clarify the causal relationship required between a veteran's
service-connected disability and employment handicap for
purposes of determining eligibility for training and
rehabilitation assistance, to transfer certain educational
assistance entitlements from the post-Vietnam era educational
assistance program to the Montgomery GI bill, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. CONYERS:
H.R. 3676. A bill to amend title 18, United States Code,
clarify the intent of Congress with respect to the Federal
carjacking prohibition; to the Committee on the Judiciary.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Matsui, Mr. Royce, Mr. Rangel, Mr. Bono, Mr.
Gejdenson, Mr. Dornan, Mr. Torres, and Mr. Waxman):
H.R. 3677. A bill to amend the Internal Revenue Code of
1986 relating to the unemployment tax for individuals
employed in the entertainment industry; to the Committee on
Ways and Means.
By Mr. JACOBS (for himself, Mr. Portman, Mr. Cardin,
Mrs. Johnson of Connecticut, Mr. McDermott, Mr.
English of Pennsylvania, Mr. Coyne, Mr. Bunning of
Kentucky, Mr. Abercrombie, Mr. Stupak, Mr. Baldacci,
Mr. Emerson, Ms. Norton, and Mr. Ehlers):
H.R. 3678. A bill to extend the Medicare waiver of
liability provisions for home health agencies, hospice
programs, and skilled nursing facilities; to the Committee on
Ways and Means.
By Mrs. MINK of Hawaii:
H.R. 3679. A bill to prohibit any increase in the amount of
a security deposit paid by a low-income family for rental of
a dwelling unit receiving Federal rental housing assistance
during the occupancy of the family in the unit; to the
Committee on Banking and Financial Services.
By Mr. JONES (for himself, Mr. Hoke, Mr. Stump, Mr.
Solomon, Mr. McHale, Mr. Hunter, Mr. Montgomery, Mr.
Lewis of Kentucky, Mr. Torkildsen, Mr. Watts of
Oklahoma, Mr. Everett, Mr. McHugh, Mr. Ortiz, Mr.
Hostettler, Mrs. Fowler, Mr. Longley, and Mr. Kolbe):
H.R. 3680. A bill to amend title 18, United States Code, to
carry out the international obligations of the United States
under the Geneva Conventions to provide criminal penalties
for certain war crimes; to the Committee on the Judiciary.
By Ms. NORTON:
H.R. 3681. A bill to provide that if an employer provides
additional leave to a parent for the birth such employer
shall provide the same leave to a parent for an adopted child
or a foster child; to the Committee on Economic and
Educational Opportunities, and in addition to the Committees
on Government Reform and Oversight, and House Oversight, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mrs. SCHROEDER:
H.R. 3682. A bill to allow certain individuals seeking
part-time employment to be eligible to receive unemployment
compensation, to require the Secretary of Labor to establish
and carry out an annual survey relating to temporary workers,
to protect part-time and temporary workers relating to
pension and group health plans, and for other purposes; to
the Committee on Ways and Means, and in addition to the
Committees on Economic and Educational Opportunities,
Government Reform and Oversight, and National Security, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TIAHRT:
H.R. 3683. A bill to amend the Federal Election Campaign
Act of 1971 to prohibit use of labor organization dues and
fees for political activities, and for other purposes; to the
Committee on House Oversight.
By Mr. ENGEL (for himself, Mr. Ackerman, Mr. Andrews,
Mr. Berman, Mr. Burton of Indiana, Mr. Chabot, Mr.
Deutsch, Mr. Dornan, Mr. Forbes, Mr. Frank of
Massachusetts, Mr. Gejdenson, Mr. Hastings of
Florida, Mr. Kildee, Mr. King, Mr. Knollenberg, Mr.
LaHood, Mr. Lantos, Mr. Levin, Mrs. Lowey, Mr.
McCollum, Mr. McNulty, Ms. Molinari, Ms. Ros-
Lehtinen, Mr. Saxton, and Mr. Torricelli):
H. Con. Res. 190. Concurrent resolution urging the
Government of Syria to withdraw its armed forces from
Lebanon; to the Committee on International Relations.
para.77.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 359: Mr. Bevill.
H.R. 708: Mr. Cunningham.
H.R. 878: Mr. Yates and Mr. Kasich.
H.R. 1010: Mr. Matsui, Mr. Deutsch, Mrs. Mink of Hawaii,
and Mr. Baker of Louisiana.
H.R. 1229: Ms. Harman.
H.R. 1750: Ms. DeLauro.
H.R. 1776: Mr. Christensen and Mr. Gephardt.
H.R. 1805: Mr. Saxton.
H.R. 1863: Mr. Leach.
H.R. 1899: Mr. Yates and Ms. Norton.
H.R. 2016: Mr. Hobson.
H.R. 2026: Mr. Gutknecht, Mr. Barcia, Ms. Brown of Florida,
Mr. Browder, Mr. Bereuter, Mr. Gordon, Mr. Kanjorski, Mr.
Thomas, Mr. Ewing, Mr. Goss, Ms. Eshoo, and Mr. Christensen.
H.R. 2089: Mr. Fawell.
H.R. 2244: Ms. Pryce.
H.R. 2246: Mr. Green of Texas.
H.R. 2391: Ms. Greene of Utah and Mr. Coburn.
H.R. 2545: Ms. Eddie Bernice Johnson of Texas.
H.R. 2651: Mr. Bryant of Texas.
H.R. 2705: Mr. Frazer, Mr. Brown of Ohio, and Mr. Green of
Texas.
H.R. 2868: Mr. Hoke.
H.R. 2900: Mr. Hinchey, Mrs. Seastrand, Mrs. Cubin, Mr.
Bevill, and Mrs. Fowler.
H.R. 2928: Mr. LaTourette, Mr. Salmon, Mr. Stockman, Mr.
Smith of Michigan, and Mr. Duncan.
H.R. 3037: Mr. Riggs, Mr. Volkmer, Mr. Sanders, Mr. Rahall,
and Mr. Evans.
H.R. 3084: Mr. Dellums, Mr. Romero-Barcelo, Mrs. Lowey, and
Mrs. Mink of Hawaii.
H.R. 3118: Ms. Lofgren.
H.R. 3119: Mr. Boucher.
H.R. 3142: Mr. Minge, Mr. Oxley, Mr. Duncan, and Mr.
McKeon.
H.R. 3182: Mr. Costello, Mr. Johnson of South Dakota, and
Mr. Radanovich.
H.R. 3195: Mr. Ballenger and Mr. Burr.
H.R. 3201: Mr. Dornan, Mr. Ehlers, Mr. Combest, Mr. Weller,
Mr. Baesler, Mr. Chambliss, Mr. Luther, Mr. Roberts, Mr.
Stockman, Mr. Packard, Mr. Bunning of Kentucky, Mr. Kleczka,
and Mr. Callahan.
H.R. 3234: Mr. Crapo, Mr. Taylor of North Carolina, and Mr.
Shaw.
[[Page 1399]]
H.R. 3244: Mr. Fattah and Mr. Boehner.
H.R. 3252: Mr. Towns, Ms. Eddie Bernice Johnson of Texas,
Mr. Cummings, and Mr. Frazer.
H.R. 3266: Mr. Luther.
H.R. 3277: Mr. Cunningham, Mr. Baker of Louisiana, and Mr.
Schaefer.
H.R. 3303: Ms. Lofgren.
H.R. 3307: Mr. McCollum.
H.R. 3324: Mr. Barr.
H.R. 3338: Mr. McIntosh, Mr. Roth, Mrs. Thurman, and Mr.
Walsh.
H.R. 3349: Mr. Mascara, Mrs. Collins of Illinois, Mrs.
Clayton, Mr. Waxman, Mr. Payne of New Jersey, and Mr. Frazer.
H.R. 3384: Mr. Ehrlich and Mr. Petri.
H.R. 3423: Mr. Leach and Mr. Souder.
H.R. 3450: Mr. Doyle.
H.R. 3460: Mr. Hyde and Mr. Johnston of Florida.
H.R. 3477: Ms. Rivers and Ms. Lofgren.
H.R. 3482: Mr. Dellums, Mrs. Mink of Hawaii, Mr. DeFazio,
Ms. Slaughter, Mr. Stearns, Mr. Frank of Massachusetts, Mr.
Torres, Ms. Lofgren, Mr. Evans, and Mr. Shays.
H.R. 3496: Mr. Ehlers and Mr. Dellums.
H.R. 3508: Mr. Baker of California, Mr. Green of Texas, and
Mrs. Schroeder.
H.R. 3533: Mr. Frost, Ms. Velazquez, Mr. Ackerman, and Mr.
Hinchey.
H.R. 3564: Mr. LaTourette, Mr. Canady, Ms. DeLauro, and Mr.
Kleczka.
H.R. 3568: Mr. Walker.
H.R. 3602: Mr. Evans and Mr. Hutchinson.
H.R. 3605: Mr. Bilbray, Mr. Horn, Mr. Dreier, Mr. Pombo,
Mr. Moorhead, Mr. Kim, Mr. Royce, Mr. Rohrabacher, Mr.
Doolittle, Mr. McKeon, Mr. Baker of California, Mr. Herger,
Mrs. Seastrand, Mr. Radanovich, Mr. Cox, Mr. Calvert, Mr.
Hunter, Mr. Packard, Mr. Cunningham, Mr. Campbell, Mr. Fazio
of California, Mr. Dooley, Mr. Matsui, Mr. Lantos, Mr.
Berman, Mr. Dixon, and Ms. Lofgren.
H.R. 3618: Mr. Castle, Mr. Dellums, Mr. Stark, Mr. Fazio of
California, Mr. Brown of Ohio, Mr. Green of Texas, Ms.
Norton, Mr. Dingell, Mr. Evans, and Mr. Conyers.
H.R. 3619: Mr. Peterson of Minnesota.
H.R. 3636: Mr. Smith of Michigan, Mr. Duncan, Mr. Linder,
and Mr. Quillen.
H.R. 3648: Mr. Lantos, Mr. Frazer, Mr. Boucher, Mr. Evans,
Mr. Underwood, and Mr. Frost.
H.R. 3665: Mr. Minge.
H.J. Res. 180: Mr. Green of Texas.
H. Con. Res. 47: Mr. Riggs and Mrs. Myrick.
H. Con. Res. 103: Mr. Nadler and Mr. Frazer.
H. Con. Res. 170: Mr. Cox.
H. Con. Res. 177: Mr. Moran and Mrs. Meyers of Kansas.
H. Res. 285: Ms. Furse and Mr. Cummings.
H. Res. 286: Mr. English of Pennsylvania.
H. Res. 441: Mr. Gilman, Mr. Lantos, Ms. Ros-Lehtinen, and
Mr. Ackerman.
H. Res. 452: Mr. Fazio of California.
para.77.39 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1462: Mr. Callahan.
.
THURSDAY, JUNE 20, 1996 (78)
para.78.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
CHAMBLISS, who laid before the House the following communication:
Washington, DC,
June 20, 1996.
I hereby designate the Honorable Saxby Chambliss to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.78.2 approval of the journal
The SPEAKER pro tempore, Mr. CHAMBLISS, announced he had examined and
approved the Journal of the proceedings of Wednesday, June 19, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.78.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3741. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Nectarines and Peaches Grown in California; Revision of
Handling Requirements for Fresh Nectarines and Peaches
[Docket No. FV95-916-4-FIR] received June 20, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3742. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Specialty Crops; Import Regulations; Peanut Import
Regulations; Final Rule [Docket No. FV94-999-2FR] received
June 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3743. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Japanese Beetle; Domestic Quarantine
and Regulations [Docket No. 94-087-1] received June 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3744. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Air Force violation, case number 92-84, which totaled
$22.2 million, occurred in the Headquarters, Space and
Missile Systems Center at Los Angeles Air Force Base, CA,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3745. A letter from the Comptroller, Department of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Air Force violation, case number 93-03, which totaled
$34.9 million, occurred in the Headquarters of the Air Force
Materiel Command at Wright-Patterson Air Force Base, OH,
pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
3746. A letter from the Under Secretary of Defense for
Acquisition and Technology and the Director, Operational Test
and Evaluation, transmitting the Secretary's certification
that full-up, system-level live fire testing of the
Amphibious Transport Dock Ship (LPD 17) would be unreasonably
expensive and impractical, accordingly the applicability of
full-up, system-level survivability tests for the LPD 17 has
been waived, pursuant to 10 U.S.C. 2366; to the Committee on
National Security.
3747. A letter from the Assistant Secretary for
Occupational Safety and Health, Department of Labor,
transmitting the Department's final rule--Consolidation of
Repetitive Provisions; Technical Amendments (Occupational
Safety and Health Administration) (RIN: 1218-AB53) received
June 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Economic and Educational Opportunities.
3748. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendments of Parts 22, 90, and 94 of the
Commission's Rules To Permit Routine Use of Signal Boosters
[WT Docket No. 95-70] received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3749. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Tin-Coated Lead Foil
Capsules for Wine Bottles; Correction (21 CFR part 189)
[Docket No. 91N-0326] (RIN: 0910-AA06) received June 20,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3750. A letter from the Comptroller General of the United
States, transmitting a list of all reports issued or released
in May 1996, pursuant to 31 U.S.C. 719(h); to the Committee
on Government Reform and Oversight.
3751. A letter from the Chairman, Federal Election
Commission, transmitting a report of activities under the
Freedom of Information Act for the calendar years 1994 and
1995, pursuant to 5 U.S.C. 552(d); to the Committee on
Government Reform and Oversight.
3752. A letter from the Public Printer, U.S. Government
Printing Office, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, and the semiannual management
report for the same period, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
3753. A letter from the Assistant Secretary for Indian
Affairs, Department of the Interior, transmitting the
Department's final rule--Indian Country Detention Facilities
and Programs (Bureau of Indian Affairs) (RIN: 1076-AD77)
received June 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3754. A letter from the Assistant Secretary for Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule--Leases, Permits, and Easements
(Bureau of Land Management) (43 CFR Part 2920) (RIN: 1004-
AB51) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3755. A letter from Program Management Officer, National
Marine Fisheries Service, transmitting the National Marine
Fisheries Service final rule--Magnuson Act Provisions;
Consolidation and Update and Regulations; Collection-of-
Information Approval [Docket No. 960315081-6160-02; I.D.
030596B] (RIN: 0648-A117)--received June 20, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3756. A letter from the Assistant Attorney General of the
United States, transmitting the Department's report on
settlements made for damages caused by investigative officers
employed by the Federal Bureau of Investigation, the Drug
Enforcement Administration, the U.S. Marshals Service, and
the Immigration and Naturalization Service for calendar year
1995, pursuant to 31 U.S.C. 3724(b); to the Committee on the
Judiciary.
3757. A letter from the Chairman, U.S. Sentencing
Commission, transmitting the Commission's report entitled
``Sex Offenses Against Children,'' findings and
recommendations regarding Federal penalties, pursuant to
Public Law 104-71, section 6 (109 Stat. 774); to the
Committee on the Judiciary.
3758. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a draft of proposed legislation
to modify the project for flood damage reduction at the north
branch of Chicago River, IL, pursuant to 31 U.S.C. 1110; to
the Committee on Transportation and Infrastructure.
3759. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and
[[Page 1400]]
Firearms, transmitting the Bureau's final rule--Miscellaneous
Regulations Relating to Liquor, Subparts E and O (95R-039P)
(RIN: 1512-AB44) received June 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3760. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Section 1274--Determination of Issue Price in the Case of
Certain Debt Instruments Issued for Property (Revenue Ruling
96-34) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3761. A letter from the Secretary of Commerce, transmitting
the annual report of the National Technical Information
Service [NTIS] for fiscal year 1995, pursuant to Public Law
100-519, section 212(f)(3) (102 Stat. 2596); jointly, to the
Committees on Science and Commerce.
para.78.4 committees and subcommittees to sit
On motion of Mr. REGULA, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Economic and Educational
Opportunities, the Committee on Government Reform and Oversight, the
Committee on International Relations, the Committee on the Judiciary,
the Committee on National Security, the Committee on Resources, the
Committee on Science, the Committee on Transportation and
Infrastructure, and the Committee on Veterans' Affairs.
para.78.5 order of business--consideration of amendment-- h.r. 3662
On motion of Mr. REGULA, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 3662)
making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes, pursuant to House Resolution 455, notwithstanding the order of
the House of Wednesday, June 19, 1996, Mr. Stupak may offer an amendment
regarding Pictured Rocks National Park to be debatable for ten minutes,
to be equally divided between Mr. Stupak and an opponent.
para.78.6 interior appropriation
The SPEAKER pro tempore, Mr. CHAMBLISS, pursuant to House Resolution
455 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 3662) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1997, and for other purposes.
Mr. BURTON, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.78.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. PARKER:
In the item relating to ``DEPARTMENT OF ENERGY--energy
conservation''--
(1) after the second dollar amount, insert the following:
``(increased by $18,204,000)'';
(2) after the third dollar amount, insert the following:
``(increased by $11,764,000)''; and
(3) after the fourth dollar amount, insert the following:
``(increased by $6,440,000)''.
It was decided in the
Yeas
204
<3-line {>
negative
Nays
218
para.78.8 [Roll No. 259]
AYES--204
Andrews
Armey
Bachus
Baldacci
Bartlett
Bass
Bentsen
Bereuter
Bilirakis
Blute
Boehlert
Boehner
Bonilla
Bono
Browder
Brownback
Bunning
Burr
Buyer
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Crane
Cremeans
Cummings
Cunningham
Danner
DeLauro
DeLay
Diaz-Balart
Dickey
Duncan
Dunn
Edwards
Ehrlich
Engel
English
Evans
Everett
Ewing
Filner
Flake
Flanagan
Foley
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Goodling
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hastert
Hayes
Hayworth
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Jackson (IL)
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klug
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lightfoot
Linder
LoBiondo
Longley
Manton
Manzullo
Martinez
Martini
Matsui
McCrery
McHale
McHugh
McInnis
McNulty
Metcalf
Meyers
Minge
Molinari
Montgomery
Moorhead
Ney
Norwood
Nussle
Oberstar
Orton
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Peterson (MN)
Petri
Pombo
Pomeroy
Portman
Pryce
Quinn
Rahall
Rangel
Reed
Riggs
Roberts
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Sanders
Scarborough
Scott
Shadegg
Shays
Sisisky
Skelton
Smith (NJ)
Smith (WA)
Solomon
Souder
Stearns
Stokes
Stump
Stupak
Talent
Tate
Taylor (MS)
Taylor (NC)
Thompson
Thornberry
Thurman
Tiahrt
Torricelli
Traficant
Upton
Velazquez
Volkmer
Walker
Ward
Watt (NC)
Watts (OK)
Weldon (PA)
Weller
Wicker
Williams
Wise
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--218
Abercrombie
Ackerman
Allard
Archer
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Barton
Bateman
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Bliley
Blumenauer
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burton
Callahan
Calvert
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Cox
Coyne
Cramer
Crapo
Cubin
Davis
de la Garza
Deal
DeFazio
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Durbin
Ehlers
Ensign
Eshoo
Farr
Fattah
Fawell
Fazio
Fields (LA)
Foglietta
Forbes
Ford
Frank (MA)
Franks (NJ)
Frost
Furse
Gallegly
Gibbons
Gillmor
Gonzalez
Goodlatte
Gordon
Goss
Graham
Greene (UT)
Hall (OH)
Hansen
Hastings (FL)
Hastings (WA)
Hefley
Hefner
Heineman
Herger
Hilliard
Holden
Hoyer
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kim
Kingston
Klink
Knollenberg
Kolbe
Lantos
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Livingston
Lofgren
Lowey
Lucas
Luther
Maloney
Markey
Mascara
McCarthy
McCollum
McDermott
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Obey
Olver
Ortiz
Owens
Oxley
Packard
Payne (VA)
Pelosi
Pickett
Porter
Poshard
Quillen
Radanovich
Regula
Richardson
Rivers
Roemer
Rogers
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Seastrand
Sensenbrenner
Serrano
Shaw
Shuster
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (TX)
Spence
Spratt
Stark
Stenholm
Stockman
Studds
Tanner
Tejeda
Thomas
Thornton
Torres
Towns
Vento
Visclosky
Vucanovich
Walsh
Wamp
Waters
Waxman
Weldon (FL)
White
Whitfield
Wilson
Wolf
Woolsey
Yates
NOT VOTING--12
Emerson
Fields (TX)
Gephardt
Harman
Johnson (SD)
Lincoln
McDade
Peterson (FL)
Ramstad
Schumer
Tauzin
Torkildsen
So the amendment was not agreed to.
para.78.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SANDERS:
In the item relating to ``DEPARTMENT OF ENERGY--naval
petroleum and oil shale reserves'', after the dollar amount,
insert the following: ``(reduced by $11,764,000)''.
In the item relating to ``DEPARTMENT OF ENERGY--energy
conservation'', after each of the first, second, and third
dollar amounts, insert the following ``(increased by
$11,764,00)''.
It was decided in the
Yeas
215
<3-line {>
affirmative
Nays
206
para.78.10 [Roll No. 260]
AYES--215
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bass
Beilenson
Bevill
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
[[Page 1401]]
Brown (FL)
Brown (OH)
Camp
Cardin
Castle
Chabot
Chrysler
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooley
Costello
Coyne
Cramer
Cummings
Danner
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Duncan
Durbin
Ehrlich
Engel
English
Ensign
Evans
Fattah
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Frisa
Furse
Gejdenson
Gekas
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hastings (FL)
Hayworth
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hoekstra
Holden
Houghton
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
LaHood
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lightfoot
Lipinski
LoBiondo
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Roukema
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schiff
Schroeder
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Spratt
Stokes
Studds
Stupak
Talent
Tanner
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (PA)
Weller
Whitfield
Williams
Wise
Wynn
Yates
Zeliff
Zimmer
NOES--206
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Becerra
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Canady
Chambliss
Chapman
Chenoweth
Christensen
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
DeLay
Diaz-Balart
Dickey
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehlers
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Foley
Fowler
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Gallegly
Ganske
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hefley
Herger
Hobson
Hoke
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kim
Kingston
Knollenberg
Kolbe
Lantos
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Linder
Livingston
Lofgren
Lucas
Matsui
McCarthy
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Rose
Roth
Roybal-Allard
Royce
Salmon
Scarborough
Schaefer
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Souder
Spence
Stark
Stearns
Stenholm
Stockman
Stump
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torres
Vucanovich
Walker
Waxman
Weldon (FL)
White
Wicker
Wilson
Wolf
Woolsey
Young (AK)
Young (FL)
NOT VOTING--13
Brewster
Emerson
Fields (TX)
Gephardt
Harman
Johnson (SD)
Lincoln
McDade
Peterson (FL)
Ramstad
Schumer
Tauzin
Torkildsen
So the amendment was agreed to.
para.78.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SHADEGG:
In the item relating to ``Other Related Agencies--National
Foundation on the Arts and the Humanities--National Endowment
for the Humanities--Grants and Administration''. strike
``$92,994,000'' and insert ``$80,000,000, of which at least
$28,000,000 be used for state grants.''
It was decided in the
Yeas
168
<3-line {>
negative
Nays
254
para.78.12 [Roll No. 261]
AYES--168
Allard
Archer
Armey
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bilirakis
Bliley
Boehner
Bonilla
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Camp
Campbell
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehrlich
English
Everett
Ewing
Franks (CT)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gillmor
Goodlatte
Goodling
Graham
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Heineman
Herger
Hilleary
Hobson
Hoekstra
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
King
Kingston
Klug
LaHood
Largent
Latham
Laughlin
Linder
Lipinski
Longley
Lucas
Manzullo
McHale
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Montgomery
Moorhead
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Quinn
Radanovich
Riggs
Roberts
Roemer
Rohrabacher
Royce
Salmon
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Shuster
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Visclosky
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Wicker
Wolf
Young (AK)
Young (FL)
Zimmer
NOES--254
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Calvert
Cardin
Castle
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Ehlers
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hastings (FL)
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoke
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Livingston
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Pryce
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schiff
Schroeder
Scott
Serrano
Shaw
Sisisky
Skaggs
Skeen
Skelton
[[Page 1402]]
Slaughter
Spence
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Vucanovich
Walsh
Ward
Waters
Watt (NC)
Waxman
White
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zeliff
NOT VOTING--12
Emerson
Fields (TX)
Gephardt
Harman
Johnson (SD)
Lincoln
McDade
Peterson (FL)
Ramstad
Schumer
Tauzin
Torkildsen
So the amendment was not agreed to.
After some further time,
para.78.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. FURSE:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds appropriated or otherwise made
available in this Act (including funds appropriated or
otherwise made available for salaries and expenses of
employees of the Department of Agriculture or the Department
of the Interior) may be used to prepare, advertise, offer, or
award any contract under any provision of the emergency
salvage timber sale program established under section 2001 of
Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note).
It was decided in the
Yeas
209
<3-line {>
negative
Nays
211
para.78.14 [Roll No. 262]
AYES--209
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Buyer
Campbell
Cardin
Castle
Chrysler
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Durbin
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gordon
Goss
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hilliard
Hinchey
Horn
Hoyer
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
Klug
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Murtha
Nadler
Neal
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Porter
Portman
Poshard
Quinn
Rahall
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Smith (MI)
Smith (NJ)
Spratt
Stark
Stokes
Studds
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--211
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bishop
Bliley
Boehner
Bonilla
Bono
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehrlich
English
Ensign
Everett
Ewing
Foley
Fowler
Franks (CT)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gillmor
Gonzalez
Goodlatte
Goodling
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Istook
Johnson, E. B.
Johnson, Sam
Jones
Kim
King
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lucas
Manzullo
Mascara
McCollum
McCrery
McHugh
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Paxon
Pickett
Pombo
Pomeroy
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Royce
Salmon
Scarborough
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Traficant
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--14
Emerson
Fields (TX)
Houghton
Hyde
Lincoln
McDade
McIntosh
Parker
Peterson (FL)
Ramstad
Rangel
Roth
Tauzin
Torricelli
So the amendment was not agreed to.
para.78.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ISTOOK:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds made available in this Act may
be used by the Bureau of Indian Affairs to transfer any land
into trust under section 5 of the Indian Reorganization Act
(25 U.S.C. 465), or any other Federal statute that does not
explicitly denominate and identify a specific tribe or
specific property, except when it is made known to the
Federal official having authority to obligate or expend such
funds that--
(1) a binding agreement is in place between the tribe that
will have jurisdiction over the land to the taken into trust
and the appropriate State and local officials; and
(2) such agreement provides, for as long as the land is
held in trust, for the collection and payment, by any retail
establishment located on the land to be taken into trust, of
State and local sales and excise taxes, including any special
tax on motor fuel, tobacco, or alcohol, on any retail item
sold to any nonmember of the tribe for which the land is held
in trust, or an agreed upon payment in lieu of such taxes.
It was decided in the
Yeas
212
<3-line {>
affirmative
Nays
206
para.78.16 [Roll No. 263]
AYES--212
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barcia
Barr
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bilirakis
Bliley
Boehner
Bonilla
Borski
Boucher
Brownback
Bryant (TN)
Bunning
Burr
Buyer
Calvert
Campbell
Canady
Cardin
Chabot
Chambliss
Chapman
Chenoweth
Chrysler
Clement
Coble
Coburn
Collins (GA)
Combest
Condit
Costello
Cox
Crane
Cremeans
Cunningham
Danner
Deal
DeFazio
Dickey
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Everett
Ewing
Flanagan
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Ganske
Gekas
Geren
Gibbons
Gillmor
Goodlatte
Goodling
Gordon
Graham
Greene (UT)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayes
Hefley
Heineman
Herger
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hutchinson
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Johnston
Kaptur
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (KY)
Lightfoot
Lipinski
Livingston
Longley
Lowey
Lucas
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Parker
Paxon
Payne (VA)
[[Page 1403]]
Petri
Pickett
Pombo
Poshard
Quinn
Radanovich
Rivers
Roberts
Roemer
Rohrabacher
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Schumer
Sensenbrenner
Shadegg
Shays
Shuster
Sisisky
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Taylor (MS)
Thomas
Thornberry
Thurman
Tiahrt
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (FL)
Zeliff
Zimmer
NOES--206
Ackerman
Andrews
Baesler
Baker (LA)
Baldacci
Barrett (NE)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Burton
Callahan
Camp
Castle
Christensen
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooley
Coyne
Cramer
Crapo
Cubin
Cummings
Davis
de la Garza
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Durbin
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford
Frank (MA)
Franks (CT)
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Goss
Green (TX)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hastings (FL)
Hayworth
Hefner
Hilleary
Hilliard
Hinchey
Horn
Hoyer
Hunter
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Kolbe
Lantos
Lazio
Levin
Lewis (CA)
Lewis (GA)
Linder
LoBiondo
Lofgren
Luther
Maloney
Manton
Markey
Martinez
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Myers
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pomeroy
Portman
Pryce
Quillen
Rahall
Reed
Regula
Richardson
Riggs
Rogers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Scott
Seastrand
Serrano
Shaw
Skaggs
Skeen
Spratt
Stark
Stokes
Studds
Stupak
Taylor (NC)
Tejeda
Thompson
Thornton
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Volkmer
Ward
Watt (NC)
Watts (OK)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
NOT VOTING--16
Bono
Emerson
Fields (TX)
Hansen
Houghton
Hyde
Lincoln
McDade
Peterson (FL)
Porter
Ramstad
Rangel
Roth
Tauzin
Torricelli
Waters
So the amendment was agreed to.
para.78.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
At the end of the bill before the short title, insert the
following new section:
Sec. . Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 1.9 percent.
It was decided in the
Yeas
128
<3-line {>
negative
Nays
291
para.78.18 [Roll No. 264]
AYES--128
Allard
Armey
Bachus
Baker (CA)
Barcia
Barr
Barrett (WI)
Barton
Bateman
Bilbray
Bilirakis
Boehner
Brewster
Brownback
Bunning
Burton
Camp
Campbell
Chabot
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cubin
Cunningham
Danner
Doolittle
Dreier
Edwards
English
Ensign
Ewing
Fawell
Foley
Franks (NJ)
Funderburk
Gekas
Gillmor
Goodlatte
Graham
Gutknecht
Hamilton
Hancock
Hastert
Hayes
Hayworth
Hefley
Heineman
Herger
Hoekstra
Hoke
Horn
Hostettler
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kaptur
Kasich
Kleczka
Klug
LaHood
Largent
Laughlin
Lewis (KY)
Linder
Lipinski
Lucas
Luther
Manzullo
McInnis
McIntosh
Metcalf
Meyers
Minge
Montgomery
Myrick
Neumann
Norwood
Nussle
Parker
Paxon
Peterson (MN)
Petri
Pombo
Poshard
Radanovich
Roberts
Roemer
Rohrabacher
Royce
Salmon
Sanford
Scarborough
Sensenbrenner
Shadegg
Shays
Shuster
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Taylor (MS)
Thomas
Thornberry
Tiahrt
Upton
Watts (OK)
Zimmer
NOES--291
Abercrombie
Ackerman
Andrews
Archer
Baesler
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Bartlett
Bass
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bliley
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chambliss
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cramer
Cremeans
Cummings
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Duncan
Dunn
Durbin
Ehlers
Ehrlich
Engel
Eshoo
Evans
Everett
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hastings (WA)
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Holden
Hoyer
Hunter
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Livingston
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Rahall
Reed
Regula
Richardson
Riggs
Rivers
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shaw
Sisisky
Skaggs
Skeen
Slaughter
Solomon
Spence
Spratt
Stark
Stokes
Studds
Stupak
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOT VOTING--15
Bereuter
Dickey
Emerson
Fields (TX)
Hansen
Houghton
Hyde
Lincoln
McDade
Peterson (FL)
Ramstad
Rangel
Roth
Tauzin
Torricelli
So the amendment was not agreed to.
para.78.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SANDERS:
In the item relating to ``Bureau of Land Management--
payments in lieu of taxes'', after the first dollar amount,
insert the following: ``(increased by $10,000,000)''.
In the item relating to ``DEPARTMENT OF ENERGY--fossil
energy research and development, after the dollar amount,
insert the following: ``(reduced by $25,000,000)''.
[[Page 1404]]
It was decided in the
Yeas
186
<3-line {>
negative
Nays
237
para.78.20 [Roll No. 265]
AYES--186
Abercrombie
Ackerman
Allard
Baldacci
Ballenger
Barcia
Barr
Bass
Becerra
Bilbray
Blumenauer
Bono
Burton
Camp
Chabot
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coburn
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Deal
DeFazio
Dellums
Deutsch
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Ensign
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foley
Fowler
Fox
Furse
Gallegly
Ganske
Gekas
Gilman
Goodlatte
Goodling
Goss
Gutierrez
Gutknecht
Hamilton
Harman
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hoke
Horn
Hostettler
Hutchinson
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kim
Kingston
Kleczka
Klug
Kolbe
LaFalce
LaHood
Latham
LaTourette
Leach
Lewis (KY)
Lightfoot
Lipinski
Lofgren
Luther
Manzullo
Martini
McCarthy
McCollum
McDermott
McHugh
McInnis
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Minge
Mink
Myrick
Nethercutt
Neumann
Norwood
Nussle
Oberstar
Obey
Orton
Owens
Pastor
Paxon
Payne (NJ)
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quinn
Radanovich
Rahall
Rangel
Richardson
Riggs
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Scarborough
Schroeder
Scott
Sensenbrenner
Serrano
Shadegg
Shays
Skelton
Smith (MI)
Smith (WA)
Spence
Spratt
Stearns
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thompson
Thornton
Thurman
Towns
Vucanovich
Walker
White
Williams
Wise
Woolsey
Young (AK)
Zeliff
Zimmer
NOES--237
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Buyer
Callahan
Calvert
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Coyne
Cramer
Crane
Davis
de la Garza
DeLauro
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Everett
Ewing
Fattah
Fawell
Flanagan
Foglietta
Forbes
Ford
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gonzalez
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hancock
Hastert
Hayes
Heineman
Hinchey
Hobson
Hoekstra
Holden
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennelly
Kildee
King
Klink
Knollenberg
Lantos
Largent
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Linder
Livingston
LoBiondo
Longley
Lowey
Lucas
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCrery
McHale
McIntosh
McNulty
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Ney
Olver
Ortiz
Oxley
Packard
Pallone
Parker
Payne (VA)
Pelosi
Pickett
Pomeroy
Porter
Pryce
Quillen
Reed
Regula
Rivers
Roberts
Rogers
Roukema
Sabo
Sawyer
Saxton
Schaefer
Schiff
Schumer
Seastrand
Shaw
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (NJ)
Smith (TX)
Solomon
Souder
Stark
Stenholm
Studds
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Wynn
Yates
Young (FL)
NOT VOTING--11
Emerson
Fields (TX)
Hansen
Houghton
Lincoln
McDade
Peterson (FL)
Ramstad
Roth
Tauzin
Torricelli
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. GOODLATTE, assumed the Chair.
When Mr. BURTON, Chairman, pursuant to House Resolution 455, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
Mr. KOLBE demanded a separate vote on the amendment numbered 18 (the
Kennedy of Massashusetts amendment).
The following remaining amendments, reported from the Committee of the
Whole House on the state of the Union were then agreed to:
On page 47 of the bill, strike lines 3 through 9.
On page 22, line 1, strike ``$186,555,000'' and in lieu
thereof insert ``$182,555,000''; On page 58, line 25, strike
``$358,754,000'' and in lieu thereof insert ``$354,754,000'';
and on page 59, line 24, strike ``$499,680,000'' and in lieu
thereof insert ``$507,680,000''.
Page 12, line 14, after the dollar amount, insert the
following: ``(increased by $1,000,000)''.
Page 49, line 6, after the dollar amount, insert the
following: (reduced by $1,000,000)''.
In the item relating to ``DEPARTMENT OF ENERGY--naval
petroleum and oil shale reserves'', after the dollar amount,
insert the following: ``(reduced by $11,764,000)''.
In the item relating to ``DEPARTMENT OF ENERGY--energy
conservation'', after each of the first, second, and third
dollar amounts, insert the following ``(increased by
$11,764,00)''.
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds made available in this Act may
be used by the Bureau of Indian Affairs to transfer any land
into trust under section 5 of the Indian Reorganization Act
(25 U.S.C. 465), or any other Federal statute that does not
explicitly denominate and identify a specific tribe or
specific property, except when it is made known to the
Federal official having authority to obligate or expend such
funds that--
(1) a binding agreement is in place between the tribe that
will have jurisdiction over the land to the taken into trust
and the appropriate State and local officials; and
(2) such agreement provides, for as long as the land is
held in trust, for the collection and payment, by any retail
establishment located on the land to be taken into trust, of
State and local sales and excise taxes, including any special
tax on motor fuel, tobacco, or alcohol, on any retail item
sold to any nonmember of the tribe for which the land is held
in trust, or an agreed upon payment in lieu of such taxes.
At the end of the bill (proceeding the short title) add the
following new section:
Sec. . None of the amounts made available by this Act may
be used for design, planning, implementation, engineering,
construction, or any other activity in connection with a
scenic shoreline drive in Pictured Rocks National Lakeshore.
On page 59, line 24, after the dollar amount insert:
``(increased by $4,000,000)''.
The question being put, viva voce,
Will the House agree to the following amendment on which a separate
vote had been demanded?
In the item relating to ``Forest Service--reconstruction
and construction''--
(1) after the first dollar amount, insert the following:
``(reduced by $12,000,000)''; and
(2) after the second dollar amount, insert the following:
``(reduced by $30,000,000)''.
The SPEAKER pro tempore, Mr. GOODLATTE, announced that the nays had
it.
Mr. SANDERS demanded a recorded vote on agreeing to said amendment,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
211
<3-line {>
negative
Nays
211
para.78.21 [Roll No. 266]
AYES--211
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Bilbray
Bilirakis
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Campbell
Cardin
Castle
Chabot
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Davis
de la Garza
DeLauro
Dellums
Deutsch
Diaz-Balart
Dingell
Dixon
Doggett
Duncan
Durbin
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
[[Page 1405]]
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Goss
Greenwood
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hilliard
Hinchey
Hoekstra
Horn
Hostettler
Hoyer
Inglis
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klug
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Moran
Morella
Myrick
Nadler
Neal
Neumann
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Petri
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Skaggs
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Spratt
Stark
Stokes
Studds
Talent
Tejeda
Thompson
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Walker
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Woolsey
Yates
Zimmer
NOES--211
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bishop
Bliley
Blumenauer
Boehner
Bonilla
Bono
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeFazio
DeLay
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehrlich
Ensign
Everett
Ewing
Fazio
Fowler
Franks (CT)
Frisa
Funderburk
Gallegly
Gekas
Geren
Gillmor
Gingrich
Goodlatte
Goodling
Graham
Green (TX)
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoke
Holden
Hunter
Hutchinson
Hyde
Istook
Jackson-Lee (TX)
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kim
King
Kingston
Klink
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lucas
Mascara
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Mollohan
Montgomery
Moorhead
Murtha
Myers
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Pickett
Pombo
Pryce
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Scarborough
Schaefer
Seastrand
Shadegg
Shuster
Sisisky
Skeen
Skelton
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Volkmer
Vucanovich
Walsh
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--13
Emerson
Fields (TX)
Hansen
Hayes
Houghton
Lincoln
McDade
Peterson (FL)
Ramstad
Roth
Sabo
Tauzin
Torricelli
So the amendment was not agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. YATES moved to recommit the bill to the Committee on
Appropriations.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that the nays had
it.
Mr. YATES demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
176
<3-line {>
negative
Nays
241
para.78.22 [Roll No. 267]
YEAS--176
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Dooley
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pomeroy
Poshard
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
NAYS--241
Allard
Archer
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hancock
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
[[Page 1406]]
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Armey
Baker (LA)
Callahan
Emerson
Fields (TX)
Foley
Hansen
Houghton
Lincoln
McCrery
McDade
Peterson (FL)
Ramstad
Roth
Tauzin
Torricelli
Wilson
So the motion to recommit was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
242
<3-line {>
affirmative
Nays
174
para.78.23 [Roll No. 268]
YEAS--242
Allard
Archer
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Condit
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Harman
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martinez
Martini
Mascara
McCollum
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Rahall
Reed
Regula
Rivers
Roberts
Rogers
Ros-Lehtinen
Roukema
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stenholm
Talent
Tanner
Tate
Taylor (NC)
Tejeda
Thomas
Thornberry
Torkildsen
Traficant
Upton
Visclosky
Vucanovich
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--174
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Conyers
Cooley
Costello
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Green (TX)
Gutierrez
Hamilton
Hancock
Hastert
Hastings (FL)
Hefner
Hilliard
Hinchey
Hostettler
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennelly
Kildee
Kleczka
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Nadler
Neumann
Oberstar
Obey
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Poshard
Quinn
Rangel
Richardson
Riggs
Roemer
Rohrabacher
Rose
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Scarborough
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stearns
Stockman
Stokes
Studds
Stump
Stupak
Taylor (MS)
Thompson
Thornton
Thurman
Tiahrt
Torres
Towns
Velazquez
Vento
Volkmer
Walker
Wamp
Ward
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
NOT VOTING--18
Armey
Baker (LA)
Callahan
Emerson
Fields (TX)
Hansen
Houghton
Lincoln
McCrery
McDade
Meek
Olver
Peterson (FL)
Ramstad
Roth
Tauzin
Torricelli
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.78.24 adjournment over
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
2:00 o'clock p.m. on Monday, June 24, 1996.
para.78.25 hour of meeting
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns on Monday, June 24, 1996, it
adjourn to meet at 10:30 a.m. on Tuesday, June 25, 1996, for ``morning
hour'' debates.
para.78.26 calendar wednesday business dispensed with
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, June
26, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.78.27 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 3029. An Act to designate the United States courthouse
in Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse.''
para.78.28 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HOUGHTON, for today after 3:30 p.m.; and
To Mr. TAUZIN, for today.
And then,
para.78.29 adjournment
On motion of Mr. GANSKE, pursuant to the special order heretofore
agreed to, at 7 o'clock and 1 minutes p.m., the House adjourned until
2:00 o'clock p.m. on Monday, June 24, 1996.
para.78.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GILMAN (for himself, Mr. Lantos, Mr. Solomon,
Mr. Cox, Mr. Spence, Mr. Hyde, Mr. Smith of New
Jersey, Mr. Wolf, Mr. Royce, Mr. Burton of Indiana,
and Ms. Pelosi):
H.R. 3684. A bill to prohibit the importation into the
United States of goods produced, manufactured, or exported by
the People's Liberation Army of China or any Chinese defense
industrial trading company; to the Committee on Ways and
Means.
By Mr. MARKEY:
H.R. 3685. A bill to require the Federal Trade Commission
and the Federal Communications Commission to take action, as
necessary, to protect consumer privacy in light of the
convergence of communications technologies; to the Committee
on Commerce.
By Mr. ABERCROMBIE (for himself, Mrs. Mink of Hawaii,
Mr. Faleomavaega, Mr. Underwood, Mr. Frazer, and Mr.
Miller of California):
H.R. 3686. A bill to amend the Nuclear Waste Policy Act of
1982 to prohibit the licensing of a permanent or interim
nuclear waste storage facility outside the 50 States
[[Page 1407]]
or the District of Columbia, and for other purposes; to the
Committee on Commerce.
By Mr. BARR:
H.R. 3687. A bill to amend Title 5 of the United States
Code to provide a civil remedy for the request or receipt of
protected records for a nonroutine use by any person within
the Executive Offices of the President, and for other
purposes; to the Committee on Government Reform and
Oversight, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. CONDIT:
H.R. 3688. A bill to require that 401(k)-type pension plans
be subject to the same prohibited transaction rules that
apply to traditional defined benefit pension plans; to the
Committee on Economic and Educational Opportunities.
By Mr. HAMILTON (for himself, Mr. Shaw, Mr. Lantos, Mr.
Ackerman, Mr. Johnston of Florida, Mr. Faleomavaega,
Mr. Wynn, Mr. Moran, and Mr. Frazer):
H.R. 3689. A bill to amend the international narcotics
control program under the Foreign Assistance Act of 1961 to
establish an additional certification standard for certain
illicit drug producing countries and drug-transit countries
and to establish an additional reporting requirement under
that program; to the Committee on International Relations.
By Mr. HUNTER (for himself, Mr. Cunningham, Mr.
Packard, Mr. Young of Alaska, Mr. McKeon, Mr.
Bartlett of Maryland, Mr. Riggs, and Mr. Cox):
H.R. 3690. A bill to limit the types of commercial
nonpostal services which may be offered by the U.S. Postal
Service; to the Committee on Government Reform and Oversight.
By Mr. JOHNSON of South Dakota:
H.R. 3691. A bill to provide for the establishment of a
Prescription Drug Price Review Board to identify excessive
drug prices, and for other purposes; to the Committee on
Commerce.
By Mr. JONES:
H.R. 3692. A bill to promote the restoration, conservation,
and enhancement of wetlands through the establishment of a
responsible wetlands mitigation banking program; to the
Committee on Transportation and Infrastructure.
By Mrs. LOWEY (for herself, Mr. Gilman, and Mr. Shays):
H.R. 3693. A bill to amend the Internal Revenue Code of
1986 to allow a capital loss deduction with respect to the
sale or exchange of a principal residence; to the Committee
on Ways and Means.
By Mr. NADLER:
H.R. 3694. A bill to prohibit insurers from offering
monetary rewards, penalties, or inducements to licensed
health care practitioners' on the basis of the health care
practitioners' decisions to limit the availability of
appropriate medical tests, services, or treatments; to the
Committee on Commerce.
H.R. 3695. A bill to prohibit insurers from including
provisions in health plans and contracts with health care
providers to indemnify the insurer against any liability; to
the Committee on Commerce.
By Mr. PAXON (for himself, Mr. Frisa, Ms. Molinari, Mr.
King, Mr. Solomon, Mr. Walsh, Mrs. Meyers of Kansas,
Mr. Bass, Mr. Houghton, and Mr. Sam Johnson):
H.R. 3696. A bill to amend the Social Security Act to
require the Secretary of Health and Human Services to approve
or deny on a timely basis an application for a waiver for
certain AFDC and Medicaid demonstration projects; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Bryant of
Tennessee, and Mr. Condit):
H.R. 3697. A bill to exempt from the regulation E
requirements, State administration of the Food Stamp Program
through electronic benefit transfer systems that provide for
distribution of means-tested benefits; to the Committee on
Agriculture.
By Mr. Schumer (by request):
H.R. 3698. A bill to reduce violent crime by juvenile
offenders; to the Committee on the Judiciary, and in addition
to the Committees on Commerce, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STEARNS (for himself, Mr. Mica, and Mr. Canady):
H.R. 3699. A bill to establish a demonstration project to
authorize certain covered beneficiaries under the military
health care system--including the dependents of active duty
military personnel and retired members and their dependents--
to enroll in the Federal employees health benefits program
and to ensure their future health security through the use of
medical savings accounts; to the Committee on National
Security, and in addition to the Committees on Government
Reform and Oversight, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WHITE (for himself, Mr. Thomas, Ms. Dunn of
Washington, Ms. Pryce, and Mr. Rohrabacher):
H.R. 3700. A bill to amend the Federal Election Campaign
Act of 1971 to permit interactive computer services to
provide their facilities free of charge to candidates for
Federal offices for the purpose of disseminating campaign
information and enhancing public debate; to the Committee on
House Oversight.
By Mr. GILMAN (for himself, Mr. Filner, Mr. Stump, Mr.
Montgomery, Mr. Solomon, Mr. Dornan, Mr. Campbell,
Mr. Bilbray, Mr. Flanagan, Mr. Talent, Ms. Pelosi,
Mr. Abercrombie, Mrs. Mink of Hawaii, Mr. Evans, Mr.
Miller of California, and Mr. Gutierrez):
H. Con. Res. 191. Concurrent resolution to recognize and
honor the Filipino World War II veterans for their defense of
democratic ideals and their important contribution to the
outcome of World War II; to the Committee on International
Relations.
By Mr. BOEHNER:
H. Res. 457. Resolution to amend the Rules of the House of
Representatives to prohibit the knowing solicitation,
distribution, or acceptance of campaign contributions in the
Hall of the House or rooms leading thereto; to the Committee
on Rules.
By Ms. NORTON (for herself, Mr. Davis, Mr. LaTourette,
and Mr. Moran):
H. Res. 458. Resolution expressing the sense of the House
of Representatives that the President should request the
Department of the Treasury and the Secret Service to work
with the Government of the District of Columbia to develop a
plan for the permanent reopening to vehicular traffic of
Pennsylvania Avenue in front of the White House in order to
restore the avenue to its original state and return it to the
people; to the Committee on Government Reform and Oversight.
para.78.31 private bills and resolutions
Under clause 1 of rule XXII
Mr. DEUTSCH introduced a bill (H.R. 3701) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for each of four vessels; which was
referred to the Committee on Transportation and
Infrastructure.
para.78.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 783: Mr. Chapman.
H.R. 1050: Mr. Fattah.
H.R. 1073: Mr. Castle and Mr. Berman.
H.R. 1074: Mr. Durbin, Mr. Rush, and Mr. Berman.
H.R. 1226: Mr. Goodlatte.
H.R. 1386: Mr. Dooley and Mr. Skeen.
H.R. 1462: Mr. Rush, Mr. Conyers, Mr. Lipinski, Mr.
Stearns, Mr. Franks of New Jersey, Ms. Greene of Utah, Mr.
Oxley, Mr. DeLay, Mr. Flake, and Ms. Eddie Bernice Johnson of
Texas.
H.R. 1893: Mr. Castle.
H.R. 2089: Mr. Burr and Mr. Bryant of Tennessee.
H.R. 2320: Mr. Evans, Mr. Watts of Oklahoma, and Mr. Pombo.
H.R. 2391: Mrs. Johnson of Connecticut, Mrs. Fowler, Ms.
Dunn of Washington, Ms. Molinari, and Mr. Paxon.
H.R. 2400: Mr. Moran, Mr. Ney, and Mr. Jacobs.
H.R. 2462: Mr. Camp.
H.R. 2757: Mr. Durbin and Mr. DeFazio.
H.R. 2807: Mr. McHale.
H.R. 2820: Mr. Nethercutt.
H.R. 2892: Mr. DeFazio.
H.R. 2900: Mr. Cremeans, Mr. Bartlett of Maryland, and Mr.
Chambliss.
H.R. 2911: Mr. Franks of New Jersey.
H.R. 2925: Mr. Frisa and Mr. Watts of Oklahoma.
H.R. 2976: Ms. Pelosi, Ms. Roybal-Allard, and Mr. Skeen.
H.R. 3077: Mr. DeFazio, Mr. Sawyer, and Mr. Boehlert.
H.R. 3199: Mr. Sisisky, Mr. Ney, Mr. Baesler, Mr. Roberts,
Mr. Lantos, Mr. Packard, Ms. Eddie Bernice Johnson of Texas,
Mr. Lightfoot, Mr. Franks of New Jersey, and Mr. Bishop.
H.R. 3207: Mr. Hinchey, Ms. Woolsey, Mr. Frelinghuysen, Mr.
Horn, Mr. Abercrombie, Mr. Pickett, Mr. Crapo, Mr.
Richardson, Mr. Lewis of Kentucky, Mr. Linder, Mr. Foley, Mr.
McIntosh, Mr. Roemer, Mr. Diaz-Balart, and Ms. Lofgren.
H.R. 3211: Mr. Herger.
H.R. 3226: Mr. Durbin.
H.R. 3310: Mr. Kingston and Mr. Bonilla.
H.R. 3337: Mr. Payne of Virginia, Mr. Walsh, Mr. Campbell,
Mr. Bilbray, and Mr. Dellums.
H.R. 3338: Mrs. Seastrand, Mr. Traficant, and Mr. Boehlert.
H.R. 3354: Mr. Pombo.
H.R. 3447: Mr. Leach, Mrs. Smith of Washington, and Mr.
Hayworth.
H.R. 3455: Ms. Norton, Ms. Lofgren, Mr. Deutsch, Mrs.
Morella, and Mr. Coleman.
H.R. 3468: Mr. McCollum.
H.R. 3480: Mr. Goodlatte, Mr. Ehlers, Mr. Ramstad, Mr.
McIntosh and Mr. Jacobs.
H.R. 3567: Mr. Dickey.
H.R. 3580: Mr. Tiahrt, Mr. Linder, Mr. Wamp, and Mr.
Bartlett of Maryland.
H.R. 3586: Mr. Solomon and Mr. Stump.
H.R. 3587: Mr. Leach, Ms. Norton, Mr. Lipinski, Ms. Eddie
Bernice Johnson of Texas, Mr. Evans, Mr. Flake, Mr. Owens,
and Mr. Filner.
[[Page 1408]]
H.R. 3604: Mr. Hayworth and Mr. Barrett of Wisconsin.
H.R. 3622: Mr. Gibbons, Mr. Combest, Mr. Boehner, Mr. Smith
of Michigan, and Mr. Hamilton.
H.R. 3629: Mrs. Collins of Illinois, Mr. Kennedy of
Massachusetts, Mr. English of Pennsylvania, Mr. Jacobs, Ms.
Kaptur, Mr. Stupak, Mr. Goss, and Ms. Norton.
H.R. 3680: Mr. Chambliss and Mr. Dornan.
H. Con. Res. 10: Mr. Klink.
H. Con. Res. 22: Mr. Durbin.
H. Con. Res. 184: Mr. Barrett of Wisconsin, Mr. Frazer, Ms.
Woolsey, and Ms. Slaughter.
H. Con. Res. 190: Mr. Paxon.
.
MONDAY, JUNE 24, 1996 (79)
para.79.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr.
FUNDERBURK, who laid before the House the following communication:
Washington, DC,
June 24, 1996.
I hereby designate the Honorable David Funderburk to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.79.2 approval of the journal
The SPEAKER pro tempore, Mr. FUNDERBURK, announced he had examined and
approved the Journal of the proceedings of Thursday, June 20, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.79.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3762. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
1996 Amendment to Cotton Board Rules and Regulations
Adjusting Supplemental Assessment on Imports--Final Rule
[Docket No. CN-96-002] received June 21, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3763. A letter from the Secretary of Housing and Urban
Development, transmitting the Department's report entitled
``Expanding Housing Choices for HUD-Assisted Families,''
pursuant to Public Law 102-550, section 152(d)(1) (106 Stat.
3716); to the Committee on Banking and Financial Services.
3764. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Regulation of Fuels and
Fuel Additives: Controls Applicable to Gasoline Retailers and
Wholesale Purchaser-Consumers; 10 Gallons Per Minute Fuel
Dispensing Limit Requirement Implementation (FRL-5522-3)
(RIN: 2060-AG43) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3765. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans: State of Georgia;
Approval of Revisions to the State Implementation Plan (FRL-
5519-2) [GA-30-3-9615a] received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3766. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; State of New Jersey;
Revised Policy Regarding Applicability of Oxygenated Fuels
Requirements (FRL-5524-4) [Region II Docket No. 146, NJ23-1-
7243(c)] received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3767. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans Kentucky: Approval of
Revisions to the Kentucky State Implementation Plan (FRL-
5456-4) [KY-86-2-6933a] received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3768. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Final Interim
Approval of Operating Permits Program; the State of Texas
(FRL-5526-4) (40 CFR Part 70) received June 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3769. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Final Authorization of
State Hazardous Waste Management Program: Nebraska (FRL-5524-
9) (40 CFR Part 271) received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3770. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Attainment
Extension for the Municipality of Anchorage Area Carbon
Monoxide Nonattainment Area: Alaska (FRL-5523-7) [AK-13-
7101a] received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3771. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Honor, Michigan) [MM
Docket No. 95-135]; received June 21, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3772. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Denison-Sherman, Paris,
Jacksboro, Texas, and Madill, Oklahoma) [MM Docket No. 95-
126] received June 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3773. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Milton, West Virginia and
Flemingsburg, Kentucky) [MM Docket No. 95-137] received June
21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3774. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Ingalls, Kansas) [MM
Docket No. 95-180] received June 21, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3775. A letter from the Clerk, U.S. House of
Representatives, transmitting the quarterly report of
receipts and expenditures of appropriations and other funds
for the period January 1, 1996, through March 31, 1996, as
compiled by the Chief Administrative Officer, pursuant to 5
U.S.C. 104a (H. Doc. No. 104-235); to the Committee on House
Oversight and ordered to be printed.
3776. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Priority Dates for Employment-Based Petitions Docket
No. INS-1647-95] (RIN: 1115-AE24) received June 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
3777. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Newport--Bermuda Regatta,
Narragansett Bay, Newport, RI (U.S. Coast Guard) [CGD01-96-
025] (RIN: 2115-AE46) received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3778. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Fireworks Display within the First
Coast Guard District (U.S. Coast Guard) [CGD01-96-011] (RIN:
2115-AE46) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3779. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Suncoast Kilo Run; Suncoast
Offshore Challenge; Suncoast Grand Prix; Sarasota, FL (U.S.
Coast Guard) [CGD07-96-008] (RIN: 2115-AE46) received June
20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3780. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revocation of Class E Airspace; Johnson City, TX--Docket No.
96-ASW-14 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0068) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3781. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Alice, TX--Docket No. 95-ASW-35
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0071) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3782. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Burns Flat, OK--Docket No. 95-
ASW-36 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0069) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3783. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Zuni, NM--Docket No. 95-ASW-01
(Federal Aviation Administration) (RIN: 2120-AA66) (1996-
0066) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3784. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Tucumcari, NM--Docket No. 95-
ASW-33 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0065) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3785. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Portales, NM--Docket No. 95-
ASW-02 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0064) received
[[Page 1409]]
June 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3786. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Truth or Consequences, NM--
Docket No. 95-ASW-34 (Federal Aviation Administration) (RIN:
2120-AA66) (1996-0063) received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3787. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Arkadelphia, AR--Docket No. 96-
ASW-03 (Federal Aviation Administration) (RIN: 2120-AA66)
(1966-0067) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3788. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Mitchellville, MD--Docket
No. 96-AEA-04 (Federal Aviation Administration) (RIN: 2120-
AA66) (1966-0075) received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3789. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of Class E Airspace; Nome and Unalakleet, AK--
Docket No. 95-AAL-3 (Federal Aviation Administration) (RIN:
2120-AA66) (1966-0057) received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3790. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (22) [Amendment Number 1736] (Federal Aviation
Administration) (RIN: 2120-AA65) (1966-0018) received June
20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3791. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (47) [Amendment Number 1735] (Federal Aviation
Administration) (RIN: 2120-AA65) (1966-0019) received June
20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
3792. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (19) [Amendment Number 1734] (Federal Aviation
Administration) (RIN: 2120-AA65) received June 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3793. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of V-268--Docket No. 95-ANE-22 (Federal Aviation
Administration) RIN: 2120-AA66) (1996-0070) received June 20,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3794. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Subdivision of Restricted Areas R-2104A and R-2104C,
Huntsville, AL--Docket No. 96-ASO-4 (Federal Aviation
Administration) RIN: 2120-AA66) (1996-0072) received June 20,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3795. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Change in Using Agency for Restricted Area R-2905A and R-
2905B, Tyndall AFB, FL--Docket No. 96-ASO-8 (Federal Aviation
Administration) (RIN: 2120-AA66) 1996-0073) received June 20,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3796. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Grade Crossing Signal System Safety (Federal Railroad
Administration) [FRA Docket No. RSGC-5; Notice No. 81] (RIN:
2130-AA97) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3797. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Policy Regarding Airport Rates and Charges (Federal Aviation
Administration) (RIN: 2120-AF90) received June 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3798. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Series Airplanes
(Excluding Fokker Model F28 Mark 0100 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-151-AD;
Amendment 39-9674; AD 196-13-06] (RIN: 2120-AA64) received
June 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3799. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Series Airplanes
(Excluding Fokker Model F28 Mark 0100 Series Airplanes)
(Federal Aviation Administration) [Docket No. 95-NM-170-AD;
Amendment 39-9673; AD 96-13-05] (RIN: 2120-AA64) received
June 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3800. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; AlliedSignal Inc. (formerly Textron
Lycoming) LTS 101 Series Turboshaft and LTP 101 Series
Turboprop Engines (Federal Aviation Administration) [Docket
No. 93-ANE-64; Amendment 39-9668; AD 96-12-27] (RIN: 2120-
AA64) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3801. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9 and C-
9 (Military) Series Airplanes (Federal Aviation
Administration) [Docket No. 94-NM-195-AD; Amendment 39-9671;
AD 96-13-03] (RIN: 2120-AA64) received June 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3802. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Aircraft Limited
(formerly British Aerospace, Regional Airlines Limited)
Jetstream Model 3201 Airplanes (Federal Aviation
Administration) [Docket No. 93-CE-34-AD; Amendment 39-9670;
AD 96-13-02] (RIN: 2120-AA64) received June 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3803. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; MDB Flugtechnik AG Model MD3-160
Airplanes (Federal Aviation Administration) [Docket No. 96-
CE-18-AD; Amendment 39-9669; AD 96-13-01] (RIN: 2120-AA64)
received June 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3804. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--The Municipality
of Anchorage, AK--Notices for Rate Increase for Alaska
Intermodal Motor/Water Traffic--Petition for Rulemaking (STB
Ex Parte No. MC-220) received June 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
para.79.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a concurrent
resolution of the House of the following title:
H. Con. Res. 153. Concurrent resolution authorizing the use
of the Capitol Grounds for the Greater Washington Soap Box
Derby.
para.79.5 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
para.79.6 message from the president--mfn china
The SPEAKER pro tempore, Mr. FUNDERBURK, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the authority vested in me by Section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (P.L.
101-246) (``the Act''), and as President of the United States, I hereby
report to Congress that it is in the national interest of the United
States to terminate the suspensions under section 902(a) of the Act with
respect to the issuance of licenses for defense article exports to the
People's Republic of China and the export of U.S.-origin satellites,
insofar as such restrictions pertain to the Hughes Asia Pacific Mobile
Telecommunications project. License requirements remain in place for
these exports and require review and approval on a case-by-case basis by
the United States Government.
William J. Clinton.
The White House, June 23, 1996.
By unanimous consent, the message, was referred to the Committee on
International Relations and ordered to be printed (H. Doc. 104-236).
para.79.7 message from the president--impoundment control
The SPEAKER pro tempore, Mr. FUNDERBURK, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Congressional Budget and Impoundment Control
Act of 1974, I herewith report one revised deferral of budgetary
resources, totaling $7.4 million. The deferral affects the Social
Security Administration.
William J. Clinton.
The White House, June 24, 1996.
[[Page 1410]]
Contents of Special Message
[In thousands of dollars]
Deferral No. and Item Budgetary resources
D96-2A--Social Security Administration: Limitation on administrative
expenses........................................................7,365
________
Total, deferral.............................................7,365
Supplemental Report--Report Pursuant to Section 1014(c) of Public Law
93-344
This report updates Deferral No. D96-2, which was
transmitted to Congress on October 19, 1995.
This revision increases by $44,285 the previous deferral of
$7,320,543 in the Limitation on administrative expenses,
Social Security Administration, resulting in a total deferral
of $7,364,828. This increase results from the deferral of
additional carryover of funds from FY 1995 that cannot be
used in FY 1996.
Deferral of Budget Authority
report pursuant to section 1013 of p.l. 93-344
Agency: Department of Health and Human Services.
Bureau: Social Security Administration.
Appropriation title and symbol: Limitation on
administrative expenses \1\ 75X8704.
---------------------------------------------------------------------------
\1\ This account was the subject of a similar deferral in FY
1995 (D95-6A).
---------------------------------------------------------------------------
OMB identification code: 20-8007-0-7-651.
Grant program: No.
Type of account or fund: No-Year.
New budget authority....................................\2\ 167,000,000
Other budgetary resources...............................\2\ 261,623,563
________________
Total budgetary resources.........................\2\ 428,623,563
Amount to be deferred: Entire year........................\2\ 7,364,828
\2\ Revised from previous report.
---------------------------------------------------------------------------
Legal authority (in addition to sec. 1013): Antideficiency
Act.
Type of budget authority: Appropriation.
Justification: This account includes funding for
construction, renovation, and expansion of Social Security
Trust Fund-owned headquarters and field office buildings. In
addition, funds remain available for costs associated with
acquisition of land in Colonial Park Estates adjacent to the
Social Security Administration complex in Baltimore,
Maryland. The Social Security Administration has received an
approved FY 1996 apportionment for $50,000 to cover potential
upward adjustments of prior-year costs related to field
office roof repair and replacement projects. The remaining
funds will not be needed for obligation in FY 1996. This
deferral reflects the actual amount available for
construction in FY 1996, less than $50,000 apportioned for
potential upward adjustments in FY 1996. This action is taken
pursuant to the Antideficiency Act (31 U.S.C. 1512).
Estimated program effect: None.
Outlay effect: None.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Appropriations and ordered to
be printed (H. Doc. 104-237).
para.79.8 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. FUNDERBURK, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, June 21, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on Friday, June 21, 1996 at
10:30 a.m.: That the Senate passed without amendment H.R.
2803.
With warm regards,
Robin H. Carle, Clerk.
And then,
para.79.9 adjournment
On motion of Mr. STEARNS, pursuant to the special order agreed to June
20, 1996, at 4 o'clock and 24 minutes p.m., the House adjourned until
10:30 a.m., Tuesday, June 25, 1996, in memory of the late Honorable Bill
Emerson.
para.79.10 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. BLILEY: Committee on Science. H.R. 3604. A bill to amend title
XIV of the Public Health Service Act (the ``Safe Drinking Water Act''),
and for other purposes; with amendments; referred to the Committee on
Science for a period ending not later than July 24, 1996, for
consideration of such provisions of the bill and amendment as fall
within the jurisdiction of that committee pursuant to clause 1(n), rule
X (Rept. No. 104-632, Pt. 1). Ordered to be printed.
para.79.11 time limitation of referred bill
[The following action occurred on June 21, 1996]
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 1734. Referral to the Committee on House Oversight
extended for a period ending not later than June 28, 1996.
para.79.12 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. NORTON:
H.R. 3702. A bill to prohibit discrimination on the basis
of certain factors with respect to any aspect of a surety
bond transaction; to the Committee on the Judiciary.
By Mr. RANGEL:
H.R. 3703. A bill to amend the Internal Revenue Code of
1986 to provide the same insurance reserve treatment to
financial guaranty insurance as applies to mortgage guaranty
insurance, lease guaranty insurance, and tax-exempt bond
insurance; to the Committee on Ways and Means.
By Mrs. SCHROEDER:
H.R. 3704. A bill to amend the Family and Medical Leave Act
of 1993 to apply the act to a greater percentage of the U.S.
workforce and to allow employees to take parental involvement
leave to participate in or attend their children's
educational and extracurricular activities, and for other
purposes; to the Committee on Economic and Educational
Opportunities, and in addition to the Committees on
Government Reform and Oversight, and House Oversight, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STEARNS:
H.R. 3705. A bill to provide for the liquidation or
reliquidation of certain frozen concentrated orange juice
entries to correct an error that was made in connection with
the original liquidation; to the Committee on Ways and Means.
By Mr. YOUNG of Alaska:
H.R. 3706. A bill to designate the Mollie Beattie Alaska
Wilderness Area in the Arctic National Wildlife Refuge; to
the Committee on Resources.
para.79.13 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 324: Mr. DeFazio.
H.R. 773: Mr. Horn and Ms. Pryce.
H.R. 2209: Mr. Watts of Oklahoma, Mr. Bryant of Texas, Ms.
Furse, Mr. Sabo, and Mr. Jefferson.
H.R. 2270: Mr. Sam Johnson.
H.R. 2727: Mr. Wamp and Mr. Metcalf.
H.R. 3067: Mr. Calvert.
H.R. 3119: Mr. Foglietta.
H.R. 3195: Mr. Funderburk.
H.R. 3213: Mr. Lazio of New York and Mr. Lipinski.
H.R. 3328: Mr. Jackson.
H.R. 3401: Ms. Woolsey, Mr. Brown of Ohio, Mrs. Maloney,
Ms. Roybal-Allard, Mr. Ganske, Mr. Quinn, Mr. Zimmer, Ms.
Velazquez, Mr. Horn, and Ms. Slaughter.
H.R. 3604: Mr. Collins of Georgia, Mr. Taylor of North
Carolina, Mr. Fawell, Mr. Farr, Mr. Linder, Mr. Poshard, and
Mr. Hobson.
H.R. 3642: Mr. Faleomavaega and Mr. Miller of California.
H. Con. Res. 173: Mr. Brownback and Mr. Flanagan.
.
TUESDAY, JUNE 25, 1996 (80)
The House was called to order at 10:30 a.m. by the SPEAKER, when,
pursuant to the order of the House of Friday, May 12, 1995, Members were
recognized for ``morning hour'' debates.
para.80.1 recess--11:17 a.m.
The SPEAKER pro tempore, Mr. ROHRABACHER, pursuant to clause 12 of
rule I, declared the House in recess until 12 o'clock noon.
para.80.2 after recess--12:00 noon
The SPEAKER pro tempore, Mr. LINDER, called the House to order.
para.80.3 approval of the journal
The SPEAKER pro tempore, Mr. LINDER, announced he had examined and
approved the Journal of the proceedings of Monday, June 24, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.80.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3805. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Screening at Privately Owned Bird
Quarantine Facilities [APHIS Docket No. 94-132-2] received
June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3806. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Viruses, Serums, Toxins, and Analogous
Products; Rabies Vaccine, Killed Virus and Rabies Vaccine,
Live Virus
[[Page 1411]]
[APHIS Docket No. 95-012-2] received June 25, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3807. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Pork and Pork Products From Mexico
Transiting the United States [APHIS Docket No. 93-093-2]
received June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3808. A letter from the Acting Administrator, Farm Service
Agency, transmitting the Agency's final rule--Redesignation
of Emergency Livestock Assistance Regulations (Commodity
Credit Corporation) (7 CFR Part 1475) received June 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3809. A letter from the Administrator, Rural Utilities
Service, transmitting the Service's final rule--Distance
Learning and Telemedicine Grant Program (RIN: 0572-AB22)
received June 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3810. A letter from the Comptroller General, the General
Accounting Office, transmitting a review of the President's
seventh special impoundment message for fiscal year 1996,
pursuant to 2 U.S.C. 685 (H. Doc. No. 104-238); to the
Committee on Appropriations and ordered to be printed.
3811. A letter from the Legislative and Regulatory
Activities Division, Comptroller of the Treasury,
transmitting the office's final rule--Joint Policy Statement:
Interest Rate Risk [Office of the Comptroller of the Currency
Docket No. 96-13] [Federal Reserve System Docket No. R-0802]
received June 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
3812. A letter from the Chief Financial Officer, Department
of Energy, transmitting the annual report of compliance
activities undertaken by the Department for mixed waste
streams during fiscal year 1995, pursuant to 42 U.S.C. 6965;
to the Committee on Commerce.
3813. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Federal Operating
Permits Agency (EPA) (FRL-5526-7) (RIN: 2060-AD68) received
June 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3814. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Section 403(l) of the
Telecommunications Act of 1996 (Silent Station Authorization)
(FCC 96-218) received June 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3815. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Operator Service Access and Pay Telephone
Compensation [CC Docket No. 91-35; FCC 96-131] received June
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
3816. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--Repeal
of Rule (Light Bulb Rule) received June 25, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3817. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to the Taipei Economic and Cultural
Representative Office [TECRO] in the United States for
defense articles and services (Transmittal No. 96-39),
pursuant to 22 U.S.C. 2776(b); to the Committee on
International Relations.
3818. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the transfer of defense articles or defense
services sold commercially to Australia (Transmittal No. DTC-
26-96), pursuant to 22 U.S.C. 2776(c); to the Committee on
International Relations.
3819. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the transfer of defense articles or defense
services sold commercially to Singapore (Transmittal No. DTC-
37-96), pursuant to 22 U.S.C. 2776(c); to the Committee on
International Relations.
3820. A communication from the President of the United
States, transmitting his follow-up report on the deployment
of combat-equipped United States Armed Forces to the Republic
of Bosnia and Herzegovina as well as other states in the
region in order to participate in and support the North
Atlantic Treaty Organization [NATO]-led Implementation Force
[IFOR] (H. Doc. No. 104-239); to the Committee on
International Relations and ordered to be printed.
3821. A letter from the Deputy Director for Operations and
Benefits, District of Columbia Retirement Board, transmitting
the personal financial disclosure statement of a board
member, pursuant to D.C. Code, section-732 and 1-
734(a)(1)(A); to the Committee on Government Reform and
Oversight.
3822. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List--received June 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
3823. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Acquisition
regulation; Department of Energy management and operating
contracts (RIN: 1991-AB09) received June 25, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Government
Reform and Oversight.
3824. A letter from the Chairman, Federal Communications
Agency, transmitting a report of activities under the Freedom
of Information Act for the calendar year 1995, pursuant to 5
U.S.C. 552(e); to the Committee on Government Reform and
Oversight.
3825. A letter from the Assistant Secretary for Indian
Affairs, Department of the Interior, transmitting the
Department's major final rule--Indian Self-Determination and
Education Assistance Act Amendments (RIN's: 1076-AD21; 0905-
AC98) received June 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3826. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Bering Sea and Aleutian Islands Area; Yellowfin Sole by
Vessels Using Trawl Gear [Docket No. 960129019-6019-01; I.D.
061496C] received June 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3827. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Ocean Salmon Fisheries Off the Coasts of Washington, Oregon,
and California; Closure from Cape Arago, OR, to the Oregon-
California Border [Docket No. 960126016-6121-04; I.D.
061196C] received June 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3828. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Summer Flounder Fishery; 1996 Recreational
Fishery Measures [Docket No. 960412110-6166-02; I.D. 030596E]
(RIN: 0648-AI93) received June 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3829. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Services's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area; Atka
Mackerel in the Central and Eastern Aleutian District and the
Bering Sea Subarea [Docket No. 960129019-6019-01; I.D.
061796C] received June 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3830. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Reef Fish Fishery of the Gulf of Mexico; Closure of the
Commercial Red Snapper Component [Docket No. 94113-4354; I.D.
032896A] received June 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3831. A letter from the Director, Executive Office for
Immigration Review, Department of Justice, transmitting the
Department's final rule--Executive Office for Immigration
Review; Motions and Appeals in Immigration Proceedings [EOIR
No. 102F; AG Order No. 2020-96] (RIN: 1125-AA01) received
June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on the Judiciary.
3832. A letter from the Chairman, U.S. Sentencing
Commission, transmitting the Commission's report entitled
``Report to Congress: Adequacy of Federal Sentencing
Guideline Penalties for Computer Fraud and Vandalism
Offenses,'' pursuant to Public Law 104-132, section 805(b)
(110 Stat. 1305); to the Committee on the Judiciary.
3833. A letter from the Secretary of Transportation,
transmitting the Department's report to Congress on the
Redwood National Park Bypass demonstration project in
California, pursuant to 23 U.S.C. 134 note; to the Committee
on Transportation and Infrastructure.
3834. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regattas and Marine Parades; Interim rule and notice of
availability of environmental assessment (RIN: 2115-AF17)
received June 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3835. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Dawson, GA--Docket No. 96-
ASO-9 (Federal Aviation Administration) (RIN: 2120-AA66)
(1996-0077) received June 24, 1996, pursuant to 5 U.S.C. 801
(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3836. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Transport Category Airplanes--
Docket 95-NM-233-AD (RIN: 2120-AA64) received June 24, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3837. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Chiefland, FL--Docket No.
96-ASO-3 (Federal Aviation Administration) (RIN: 2120-AA76)
(1996-0036) received June 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3838. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; PTC Seating Products Division,
[[Page 1412]]
B/E Aerospace, Model 950 Series Equipped with Footrest
Assembly--Rules Docket No. 95-ANE-25 (RIN: 2120-A64) received
June 24, 1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to the
Committee on Transportation and Infrastructure.
3839. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Class Exemption
for Acquisition or Operation of Rail Lines by Class III Rail
Carriers under 49 U.S.C. 10902 (STB Ex Parte No. 529)
received June 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3840. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Conversion to the Metric System;
Policy Statement--received June 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Science.
3841. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--National Service Life Insurance
(RIN: 2900-AH55) received June 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3842. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to ensure that
appropriated funds are not used for operation of golf courses
on real property controlled by the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
3843. A letter from the Regulatory Policy Officer,
Department of the Treasury, transmitting the Department's
final rule--The Malibu-Newton Canyon Viticultural Area (95R-
014P) (RIN: 1512-AA07) received June 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
3844. A letter from the Acting Administrator, Farm Service
Agency, transmitting the Agency's final rule--End-Use
Certificate Program (RIN: 0560-AE37) received June 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
3845. A letter from the Director, Office of Government
Ethics, transmitting the Office's final rule--Public
Financial Disclosure, Conflicts of Interest, and Certificates
of Divestiture for Executive Branch Officials (RIN: 3209-
AA06) received June 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3846. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the United States Information Agency's [USIA]
intent to obligate $2 million, following the transfer,
pursuant to section 632(a) of the FAA, for the purpose of
upgrading existing nongovernment television stations in
Bosnia and Herzegovina, pursuant to 22 U.S.C. 2394-1(a);
jointly, to the Committees on International Relations and
Appropriations.
3847. A letter from the Secretary of State, transmitting a
report assessing the voting practices of the government of
U.N. member states in the General Assembly and Security
Council for 1995, and evaluating the actions and
responsiveness of those governments to U.S. policy on issues
of special importance to the United States, pursuant to
Public Law 101-167, section 527(a) (103 Stat. 1222); jointly,
to the Committees on International Relations and
Appropriations.
para.80.5 committees and subcommittees to sit
On motion of Mr. STEARNS, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Government Reform and
Oversight, the Committee on International Relations, the Committee on
National Security, the Committee on Resources, the Committee on Science,
the Committee on Small Business, and the Committee on Transportation and
Infrastructure.
para.80.6 safe drinking water
Mr. BLILEY moved to suspend the rules and pass the bill (H.R. 3604) to
amend title XIV of the Public Health Service Act (the ``Safe Drinking
Water Act''), and for other purposes; as amended.
The SPEAKER pro tempore, Mr. LINDER, recognized Mr. BLILEY and Mr.
WAXMAN, each for 20 minutes.
By unanimous consent, the time for debate was extended by 30 minutes
to be equally divided and controlled by Mr. BLILEY and Mr. WAXMAN.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. LINDER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.80.7 providing for the consideration of h.r. 3666
Mr. QUILLEN, by direction of the Committee on Rules, called up the
following resolution (H. Res. 456):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3666) making appropriations for the Department
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes. The first reading
of the bill shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(6) of rule XI, clause 7 of rule XXI, or section 302(f)
of the Congressional Budget Act of 1974 are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Appropriations.
After general debate the bill shall be considered for
amendment under the five-minute rule. Points of order against
provisions in the bill (other than sections 204 and 205) for
failure to comply with clause 2 or 6 of rule XXI are waived.
The amendment printed in section 2 of this resolution shall
be considered as adopted in the House and in the Committee of
the Whole. During consideration of the bill for amendment,
the Chairman of the Committee of the Whole may accord
priority in recognition on the basis of whether the Member
offering an amendment has caused it to be printed in the
portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. The Chairman of the Committee of
the Whole may postpone until a time during further
consideration in the Committee of the Whole a request for a
recorded vote on any amendment. The Chairman of the Committee
of the Whole may reduce to not less than five minutes the
time for voting by electronic device on any postponed
question that immediately follows another vote by electronic
device without intervening business, provided that the time
for voting by electronic device on the first in any series of
questions shall be not less than fifteen minutes. After the
reading of the final lines of the bill, a motion that the
Committee of the Whole rise and report the bill to the House
with such amendments as may have been adopted shall, if
offered by the majority leader or a designee, have precedence
over a motion to amend. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
Sec. 2. The amendment considered as adopted in the House
and in the Committee of the Whole is as follows:
Page 68, line 23, strike ``future legislation'' and insert
in lieu thereof ``future appropriations legislation''.
When said resolution was considered.
After debate,
On motion of Mr. QUILLEN, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
246
When there appeared
<3-line {>
Nays
166
para.80.8 [Roll No. 269]
YEAS--246
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clay
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dixon
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
[[Page 1413]]
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stokes
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--166
Abercrombie
Ackerman
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Gejdenson
Gephardt
Geren
Gibbons
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--21
Andrews
Boucher
Browder
Bryant (TX)
Chrysler
Coleman
Cubin
Fields (TX)
Ford
Furse
Houghton
Istook
Lincoln
Longley
McDade
Ney
Peterson (FL)
Roth
Roukema
Schumer
Towns
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.80.9 the late honorable bill emerson
Mr. CLAY submitted the following privileged resolution (H. Res. 459):
Resolved, That the House has heard with profound sorrow of
the death of the Honorable Bill Emerson, a Representative
from the State of Missouri.
Resolved, That a committee on such Members of the House as
the Speaker may designate, together with such Members of the
Senate as may be joined, be appointed to attend the funeral.
Resolved, That the Sergeant at Arms of the House be
authorized and directed to take such steps as may be
necessary for carrying out the provisions of these
resolutions and that the necessary expenses in connection
therewith be paid out of the contingent fund of the House.
Resolved, That the Clerk communicate these resolutions to
the Senate and transmit a copy thereof to the family of the
deceased.
Resolved, That when the House adjourns today, it adjourn as
a further mark of respect to the memory of the deceased.
When said resolution was considered and agreed to.
Ordered, That the Clerk notify the Senate thereof.
para.80.10 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed a bill of the following title, in
which the concurrence of the House is requested:
S. 1903. An Act to designate the bridge, estimated to be
completed in the year 2000, that replaces the bridge on
Missouri highway 74 spanning from East Cape Girardeau,
Illinois, to Cape Girardeau, Missouri, as the ``Bill Emerson
Memorial Bridge'', and for other purposes.
para.80.11 bill emerson memorial bridge
On motion of Mr. PETRI, by unanimous consent, the bill of the Senate
(S. 1903) to designate the bridge, estimated to be completed in the year
2000, that replaces the bridge on Missouri highway 74 spanning from East
Cape Girardeau, Illinois, to Cape Girardeau, Missouri, as the ``Bill
Emerson Memorial Bridge'', and for other purposes; was taken from the
Speaker's table.
When said bill was considered, ordered to be read a third time, was
read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.80.12 providing for the consideration of h.r. 3675
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-633) the resolution (H. Res. 460) providing for consideration of
the bill (H.R. 3675) making appropriations for the Department of
Transportation and related agencies for the fiscal year ending September
30, 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.80.13 notice requirement--consideration of resolution--question of
privileges
Mr. JOHNSTON of Florida, pursuant to clause 2(a)(1) of rule IX,
announced his intention to call up the following resolution, as a
question of the privileges of the House:
Whereas the Constitution of the United States places upon
the House of Representatives the responsibility to regulate
the conduct of its own Members;
Whereas the House has delegated that responsibility, in
part, to the Committee on Standards of Official Conduct,
which is charged with investigating alleged violations of any
law, rule, regulation or other standard of conduct by a
Member of the House;
Whereas the Committee on Standards of Official Conduct has
failed to discharge that duty with regard to serious
allegations of wrongdoing by the Speaker of the House;
Whereas, although an outside counsel has been appointed to
investigate the Speaker, the Committee has failed to allow
that outside counsel to investigate serious charges
concerning the Speaker's political action committee, GOPAC,
and its relationship to several tax-exempt organizations;
Whereas a formal complain concerning these charges has been
languishing before the Committee for more than six months;
Whereas new evidence of violations of federal tax law--in
addition to the information contained in the formal
complaint--has also been recently reported by investigative
journalists around the country;
Whereas the failure to take action on these matters has
raised serious questions about the impartiality of the
Committee on Standards of Official Conduct, now, therefore,
be it
Resolved, That the Committee on Standards of Official
Conduct is hereby instructed to immediately transmit the
remaining charges against Speaker Gingrich to the outside
counsel for his investigation and recommendations.
The SPEAKER pro tempore, Mr. McINNIS, responded to the foregoing
notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days of its being properly noticed. The Chair will announce
that designation at a later time. In the meantime, the form of the
resolution proffered by the gentleman
[[Page 1414]]
from Florida [Mr. Johnston] will appear in the Record at this point.
``The Chair is not at this point making a determination as to whether
the resolution constitutes a question of privilege. That determination
will be made at the time designated by the Chair for consideration of
the resolution.''.
para.80.14 va-hud appropriations
The SPEAKER pro tempore, Mr. McINNIS, pursuant to House Resolution 456
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3666) making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 1987, and for other purposes.
The SPEAKER pro tempore, Mr. McINNIS, by unanimous consent, designated
Mr. COMBEST as Chairman of the Committee of the Whole; and after some
time spent therein,
para.80.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KENNEDY of
Massachusetts:
In the item relating to ``DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT--Community Planning and Development--homeless
assistance funds'', after ``$823,000,000'' insert
``(increased by $297,000,000)''.
In the item relating to ``INDEPENDENT AGENCIES--National
Aeronautics and Space Administration--human space flight'',
after ``$5,362,900,000'' insert ``(decreased by
$297,000,000)''.
It was decided in the
Yeas
138
<3-line {>
negative
Nays
277
para.80.16 [Roll No. 270]
AYES--138
Ackerman
Barcia
Barrett (WI)
Becerra
Bilbray
Blumenauer
Bonior
Borski
Boucher
Brown (FL)
Brown (OH)
Camp
Campbell
Chrysler
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Dingell
Duncan
Durbin
Engel
Ensign
Evans
Fattah
Fields (LA)
Filner
Flake
Foglietta
Fox
Frank (MA)
Franks (CT)
Furse
Ganske
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Gutierrez
Hamilton
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Holden
Jackson (IL)
Jacobs
Johnson (SD)
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klink
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Lowey
Luther
Maloney
Markey
Martini
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Nadler
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Poshard
Rahall
Ramstad
Rangel
Reed
Rivers
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Shays
Skaggs
Smith (NJ)
Stark
Stokes
Studds
Stupak
Velazquez
Vento
Visclosky
Wamp
Ward
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--277
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brown (CA)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cunningham
Davis
de la Garza
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
English
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Flanagan
Foley
Forbes
Fowler
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gekas
Geren
Gibbons
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Herger
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lofgren
Longley
Lucas
Manton
Manzullo
Martinez
Mascara
McCollum
McCrery
McInnis
McIntosh
McKeon
Meek
Metcalf
Meyers
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--18
Berman
Browder
Coleman
Cubin
Fields (TX)
Ford
Hayes
Houghton
Lincoln
McDade
Peterson (FL)
Rose
Schiff
Schumer
Sisisky
Torricelli
Towns
Wilson
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. MICA, assumed the Chair.
When Mr. COMBEST, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.80.17 committee resignation--majority
The SPEAKER pro tempore, Mr. MICA, laid before the House the following
communication, which was read as follows:
U.S. Congress,
House of Representatives,
Washington, DC, June 12, 1996.
Hon. Newt Gingrich,
Speaker of the House,
Washington, DC.
Dear Speaker Gingrich: I am writing to officially resign
from my seat on the Committee on Government Reform and
Oversight in order to be seated on the Committee on
International Relations.
Thank you.
Sincerely,
Jon D. Fox,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.80.18 committee elections--majority
Mr. FOX, by direction of the Republican Conference, submitted the
following privileged resolution (H. Res. 462):
Resolved, That the following named Members be, and they are
hereby, elected to the following standing committees of the
House of Representatives:
Committee on International Relations: Mr. Fox of
Pennsylvania.
Committee on Transportation and Infrastructure: Mr. Frisa
of New York and Mr. Tiahrt of Kansas.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.80.19 providing for the consideration of a joint resolution and
resolution
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-636) the resolution (H. Res. 463) providing for consideration of
a joint resolution and a resolution relating to the People's Republic of
China.
When said resolution and report were referred to the House Calendar
and ordered printed.
[[Page 1415]]
para.80.20 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 2803. An Act to amend the anti-car theft provisions of
title 49, United States Code, to increase the utility of
motor vehicle title information to State and Federal law
enforcement officials, and for other purposes.
para.80.21 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1579. An Act to streamline and improve the effectiveness
of chapter 75 of title 31, United States Code (commonly
referred to as the ``Single Audit Act.''
para.80.22 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 2803. An Act to amend the anti-car theft provisions of
title 49, United States Code, to increase the utility of
motor vehicle title information to State and Federal law
enforcement officials, and for other purposes.
para.80.23 leave of absence
By unanimous consent, leave of absence was granted to Mrs. LINCOLN,
for today and balance of the week.
And then,
para.80.24 adjournment
On motion of Mr. SOLOMON, pursuant to the provisions of House
Resolution 459, agreed to earlier today, at 11 o'clock and 59 minutes,
p.m., the House adjourned out of respect for the late Honorable Bill
Emerson.
para.80.25 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Ms. GREENE of Utah: Committee on Rules. House Resolution
460. Resolution providing for consideration of the bill (H.R.
3675) making appropriations of the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes (Rept. No.
104-633). Referred to the House Calendar.
Mr. ARCHER: Committee on Ways and Means. House Joint
Resolution 182. Resolution disapproving the extension of
nondiscriminatory treatment--most-favored-nation treatment--
to the products of the People's Republic of China; adversely
(Rept. No. 104-634). Referred to the Committee of the Whole
House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 3663. A bill to amend the District of Columbia Self-
Government and Governmental Reorganization Act to permit the
Council of the District of Columbia to authorize the issuance
of revenue bonds with respect to water and sewer facilities,
and for other purposes (Rept. No. 104-635). Referred to the
Committee of the Whole House on the State of the Union.
Mr. SOLOMON: Committee on Rules. House Resolution 463.
Resolution providing for consideration of a joint resolution
and a resolution relating to the People's Republic of China
(Rept. No. 104-636). Referred to the House Calendar.
para.80.26 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. JOHNSON of Connecticut (for herself, Mr. Watts
of Oklahoma, and Mr. Payne of New Jersey):
H.R. 3707. A bill to extend the legislative authority for
the Black Revolutionary War Patriots Foundation to establish
a commemorative work; to the Committee on Resources.
By Mr. ANDREWS:
H.R. 3708. A bill to protect the retirement security of
Americans; to the Committee on Economic and Educational
Opportunities, and in addition to the Committees on Ways and
Means, Government Reform and Oversight, and Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BROWN of California:
H.R. 3709. A bill to promote the growth of science and
technology in the United States; to the Committee on Science.
By Ms. BROWN of Florida:
H.R. 3710. A bill to designate a U.S. courthouse located in
Tampa, FL, as the ``Sam M. Gibbons United States
Courthouse''; to the Committee on Transportation and
Infrastructure.
H.R. 3711. A bill to amend title 38, United States Code, to
provide for an assessment of the provision of health care
services and the conduct of research by the Department of
Veterans Affairs relating to women veterans; to the Committee
on Veterans' Affairs.
H.R. 3712. A bill to amend title 38, United States Code, to
improve the research activities of the Department of Veterans
Affairs relating to women veterans; to the Committee on
Veterans' Affairs.
H.R. 3713. A bill to amend title 38, United States Code, to
improve health care services for women veterans provided by
the Department of Veterans Affairs; to the Committee on
Veterans' Affairs.
By Mr. CARDIN (for himself, Mr. Portman, Mr. English of
Pennsylvania, Mr. Jacobs, and Mr. McNulty):
H.R. 3714. A bill to amend title XVIII of the Social
Security Act to make certain changes to hospice care under
the Medicare Program; to the Committee on Ways and Means, and
in addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CHABOT (for himself, Mrs. Lowey, Mr. Payne of
New Jersey, Mr. Payne of Virginia, Mr. Rahall, Mr.
Olver, Mr. Greenwood, Mr. Portman, Mr. Wicker, Mr.
Bunning of Kentucky, Mr. Cremeans, Mr. Kennedy of
Massachusetts, Mr. Towns, Mr. Ackerman, and Mr.
Gonzalez):
H.R. 3715. A bill to amend the Public Health Service Act to
provide for research on the disease known as
lymphangioleimyomatosis, commonly known as LAM; to the
Committee on Commerce.
By Mr. KASICH:
H.R. 3716. A bill to implement the project for American
renewal, and for other purposes; to the Committee on Ways and
Means, and in addition to the Committees on Agriculture,
Banking and Financial Services, Commerce, Economic and
Educational Opportunities, and the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McHUGH (for himself and Mr. Clinger):
H.R. 3717. A bill to reform the postal laws of the United
States; to the Committee on Government Reform and Oversight,
and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MEEHAN:
H.R. 3718. A bill to apply the rates of duty effective
after December 31, 1994, to certain water resistant wool
trousers that were entered, or withdrawn from warehouse for
consumption, after December 31, 1988, and before January 1,
1995; to the Committee on Ways and Means.
By Mr. CLAY:
H. Res. 459. Resolution expressing the condolences of the
House on the death of Representative Bill Emerson; considered
and agreed to.
By Mr. COX (for himself and Mr. Solomon):
H. Res. 461. Resolution regarding United States concerns
with human rights abuse, nuclear and chemical weapons
proliferation, illegal weapons trading, military intimidation
of Taiwan, and trade violations by the People's Republic of
China and the People's Liberation Army, and directing the
committees of jurisdiction to commence hearings and report
appropriate legislation; to the Committee on Rules.
By Mr. FOX:
H. Res. 462. Resolution designating the majority membership
on certain standing committees of the House; considered and
agreed to.
By Mr. FRANK of Massachusetts:
H. Res. 464. Resolution expressing the sense of the House
of Representatives relating to the recognition of the Magen
David Adom--Red Shield of David--as a symbol of the
International Red Cross and Red Crescent Movement; to the
Committee on International Relations.
para.80.27 memorials
Under clause 4 of rule XXII,
227. The SPEAKER presented a memorial of the Legislature of
the State of Alaska, relative to Legislative Resolve No. 62
supporting an amendment to the Constitution of the United
States establishing the rights of victims of crimes; to the
Committee on the Judiciary.
para.80.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 351: Mr. Taylor of North Carolina.
H.R. 957: Mrs. Seastrand.
H.R. 1499: Mr. Gekas.
H.R. 1776: Mr. Weldon of Florida and Mr. Brown of
California.
H.R. 1946: Mr. Lightfoot, Mr. Radanovich, Mr. Sam Johnson,
and Mr. Bono.
H.R. 2011: Mr. McNulty, Mr. Cramer, Mr. LaFalce, and Mr.
Kildee.
H.R. 2026: Mr. McCrery, Mr. McCollum, Mr. Kim, and Mr.
Shadegg.
H.R. 2209: Mr. Romero-Barcelo, Mr. Linder, Mr. Hamilton,
and Mr. Clay.
H.R. 2237: Ms. Norton, Mr. Lipinski, and Mrs. Morella.
[[Page 1416]]
H.R. 2342: Mr. Parker.
H.R. 2434: Mrs. Vucanovich and Mr. Bentsen.
H.R. 2472: Mr. LaFalce, Mr. Williams, Mr. Jackson, and Mr.
Torricelli.
H.R. 2664: Mr. Andrews.
H.R. 2745: Mr. Blumenauer, Mr. Cummings, Mr. Greenwood, and
Mr. Flanagan.
H.R. 2777: Mr. Abercrombie.
H.R. 2789: Mr. Castle.
H.R. 2820: Mr. Stearns.
H.R. 2827: Mr. Flanagan.
H.R. 2875: Mr. Montgomery.
H.R. 2900: Mr. Tauzin, Mr. Kelly, Mr. Hastings of
Washington, Mr. Duncan, Mr. Stump, and Mr. Radanovich.
H.R. 2962: Mr. Lipinski, Mr. Stark, Ms. Furse, Ms. Norton,
and Mr. Evans.
H.R. 3118: Mr. Tate.
H.R. 3123: Mrs. Myrick.
H.R. 3142: Mr. DeFazio, Mr. Stockman, Mr. Porter, Mr. Sam
Johnson, Mr. Crapo, Mr. Parker, Mr. Roberts, and Mr. Quillen.
H.R. 3189: Mr. Wynn.
H.R. 3195: Mr. Whitfield, Mr. Bilbray, and Mr. Laughlin.
H.R. 3222: Mr. Owens and Mr. Miller of California.
H.R. 3369: Mrs. Collins of Illinois, Mr. Rush, Mr. Ford,
Mr. Clyburn, Mr. Hilliard, Mr. Thompson, Mr. Rangel, Mr.
Stokes, Mr. Payne of New Jersey, Miss Collins of Michigan,
Mr. Lewis of Georgia, Ms. Brown of Florida, Mr. Jackson, Ms.
Eddie Bernice Johnson of Texas, Mr. Owens, Mr. Jefferson, Ms.
McKinney, Mrs. Meek of Florida, Mr. Dellums, and Mr.
Gonzalez.
H.R. 3374: Mrs. Thurman, Mr. Green of Texas, Mr. Evans, Mr.
Cardin, and Mr. Durbin.
H.R. 3410: Mr. Largent, Mr. Frost, Mr. Hall of Texas, Mr.
Coburn, Mr. McCrery, Mr. Chapman, Mr. Green of Texas, Mr.
Pete Geren of Texas, and Mr. Barton of Texas.
H.R. 3422: Mr. Schiff.
H.R. 3425: Mr. Clement.
H.R. 3455: Mr. Romero-Barcelo, Mr. Durbin, and Mr. Horn.
H.R. 3458: Mr. Edwards, Mr. Watts of Oklahoma, Mr. Tejeda,
Mr. Smith of New Jersey, Mr. Bilirakis, Mr. Clement, Mr. Fox,
Mr. Mascara, Mr. Flanagan, Mr. Stearns, and Mr. Hutchinson.
H.R. 3465: Mr. Cardin and Mr. Dellums.
H.R. 3508: Mr. Kasich, Mr. King, Mr. de la Garza, Mrs.
Myrick, Ms. Slaughter, Mr. Berman, Mr. Peterson of Minnesota,
and Mr. Stearns.
H.R. 3520: Mr. Bryant of Texas.
H.R. 3556: Ms. Greene of Utah, Ms. Rivers, and Mr. Kennedy
of Massachusetts.
H.R. 3565: Mr. Bliley, Mr. Gordon, and Mr. Fox.
H.R. 3571: Mr. Flake and Mr. Ney.
H.R. 3591: Mr. Dellums.
H.R. 3606: Ms. Furse.
H.R. 3633: Mr. Frost.
H.R. 3643: Mr. Fox, Mr. Clement, Mr. Tejeda, and Mr.
Mascara.
H.R. 3648: Mr. Stupak, Mr. Neal of Massachusetts, Mr.
Lipinski, and Mr. Fattah.
H.R. 3673: Mr. Smith of New Jersey, Mr. Hutchinson, Mr.
Bilirakis, Mr. Clement, Mr. Fox, Mr. Tejeda, Mr. Weller, Mr.
Mascara, and Mr. Stearns.
H.R. 3674: Mr. Smith of New Jersey, Mr. Hutchinson, Mr.
Bilirakis, Mr. Tejeda, Mr. Fox, Mr. Weller, and Mr. Stearns.
H. Con. Res. 128: Ms. Eddie Bernice Johnson of Texas, Ms.
Waters, Ms. Roybal-Allard, Mrs. Lowey, Ms. Rivers, Ms.
McCarthy, Mrs. Collins of Illinois, Ms. Lofgren, Ms. Eshoo,
Miss Collins of Michigan, Mrs. Mink of Hawaii, Ms. Pryce,
Ms. Brown of Florida, Ms. Jackson-Lee, Mrs. Clayton, Ms.
Danner, Mrs. Morella, and Ms. Slaughter.
H. Con. Res. 163: Mr. Romero-Barcelo.
H. Con. Res. 175: Mr. Clinger.
H. Res. 441: Mr. Filner.
H. Res. 452: Mr. Brown of California, Mr. Lantos, Mr. Horn,
Mr. Miller of California, and Mr. Kanjorski.
H. Res. 454: Mr. Torres, Ms. Woolsey, Mrs. Lowey, and Mr.
Barrett of Wisconsin.
.
WEDNESDAY, JUNE 26, 1996 (81)
para.81.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Ms. GREENE,
who laid before the House the following communication:
Washington, DC,
June 26, 1996.
I hereby designate the Honorable Enid Greene to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.81.2 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Tuesday, June 25, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.81.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3848. A letter from the Assistant Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Notification for Pesticide Registration
Modifications [OPP-300110; FRL-5372-8] (RIN: 2070-AC98)
received June 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3849. A letter from the Assistant Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Pesticide Worker Protection Standard;
Decontamination Requirements [OPP-250108A; FRL-5358-8] (RIN:
2070-AC93) received June 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3850. A letter from the Assistant Administrator,
Environmental Protection Agency, transmitting the Agency's
final rule--Pesticide Worker Protection Standard; Language
and Size Requirement for Warning Sign [OPP-250107A; FRL-5358-
7] (RIN: 2070-AC93) received June 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3851. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
3852. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Hazardous Waste
Management System; Identification and Listing of Hazardous
Waste; Recycled Used Oil Management Standards (FRL-5529-1)
received June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3853. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision, El Dorado County Air Pollution
Control District, Placer County Air Pollution Control
District, and Ventura County Air Pollution Control District
(CA 071-0005a; FRL-5464-7) received June 25, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3854. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Criteria for
Classification of Solid Waste Disposal Facilities and
Practices; Indemnification and Listing of Hazardous Waste;
Requirements for Authorization of State Hazardous Waste
Programs [FRL-5528-4] (RIN: 2050-AE11) received June 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3855. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutants: Off-Site Waste and
Recovery [AD-FRL-5516-7] (RIN: 2060-AE05) received June 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3856. A letter from the Inspector General, National Science
Foundation, transmitting the semiannual report on activities
of the inspector general for the period October 1, 1995,
through March 31, 1996, pursuant to 5 U.S.C. app. (Insp. Gen.
Act) Section 5(b); to the Committee on Government Reform and
Oversight.
3857. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Agency
Relationships with Organizations Representing Federal
Employees and Other Organizations (RIN: 3206-AG38) received
June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
3858. A letter from the Secretary of Housing and Urban
Development, transmitting the fiscal year 1995 annual report
under the Federal Managers' Financial Integrity Act [FMFIA]
of 1982, pursuant to 31 U.S.C. 3512(c)(3); to the Committee
on Government Reform and Oversight.
3859. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Adding Argentina to the List of Countries Authorized to
Participate in the Visa Waiver Pilot Program [INS No. 1777-
96] (RIN: 1115-AB93) received June 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
para.81.4 motion to adjourn
Mr. VOLKMER moved that the House do now adjourn.
The question being put, viva voce,
Will the House now adjourn?
The SPEAKER pro tempore, Ms. GREENE, announced that the nays had it.
Mr. VOLKMER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
55
Nays
345
When there appeared
<3-line {>
Answered present
2
para.81.5 [Roll No. 271]
YEAS--55
Barcia
Blumenauer
Bonior
Brown (OH)
Bryant (TX)
Clay
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dicks
Dingell
Dixon
Doggett
Engel
Evans
Filner
Frank (MA)
Frost
Gejdenson
Gutierrez
Hastings (FL)
[[Page 1417]]
Hilliard
Hoyer
Jackson (IL)
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Klink
Levin
Lewis (GA)
Martinez
McNulty
Miller (CA)
Mink
Moran
Owens
Payne (NJ)
Pomeroy
Rangel
Rush
Slaughter
Stokes
Stupak
Thompson
Velazquez
Volkmer
Waters
Wise
Woolsey
Wynn
NAYS--345
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Brown (CA)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Davis
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Royce
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Studds
Stump
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Towns
Traficant
Upton
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--2
Pelosi
Sawyer
NOT VOTING--31
Becerra
Browder
Brown (FL)
Chapman
Chenoweth
Coleman
Cubin
Danner
de la Garza
Fattah
Fields (TX)
Ford
Franks (NJ)
Graham
Hinchey
Johnson (SD)
Lincoln
McCrery
McDade
McDermott
Norwood
Peterson (FL)
Pombo
Riggs
Roth
Roybal-Allard
Stockman
Talent
Torres
Torricelli
Wilson
So the motion was not agreed to.
para.81.6 committees and subcommittees to sit
On motion of Mr. LAZIO, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Banking and Financial Services, the
Committee on Economic and Educational Opportunities, the Committee on
Government Reform and Oversight, the Committee on International
Relations, the Committee on the Judiciary, the Committee on National
Security, the Committee on Resources, the Committee on Science, the
Committee on Small Business, the Committee on Transportation and
Infrastructure, the Committee on Veterans' Affairs, and the Permanent
Select Committee on Intelligence.
para.81.7 va--hud appropriations
The SPEAKER pro tempore, Ms. GREENE, pursuant to House Resolution 456
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3666) making appropriations for the Department of
Transporation and related agencies for the fiscal year ending September
30, 1997, and for other purposes.
Mr. COMBEST, Chairman of the Committee of the Whole, resumed the
chair.
para.81.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. LAZIO:
Page 19, line 9, after ``$5,372,000,000'' insert ``(reduced
by $140,000,000)''.
Page 19, line 19, after ``$800,000,000'', insert ``(reduced
by $140,000,000)''.
Page 20, line 18, after ``$595,000,000'' insert
``(increased by $100,000,000)''.
Page 20, line 24, after the dollar amount insert
``(increased by $40,000,000)''.
It was decided in the
Yeas
353
<3-line {>
affirmative
Nays
61
para.81.9 [Roll No. 272]
AYES--353
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Boehner
Bonior
Bono
Borski
Boucher
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
DeFazio
DeLauro
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Horn
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
[[Page 1418]]
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Rush
Sabo
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stockman
Stokes
Studds
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Wynn
Young (FL)
Zeliff
Zimmer
NOES--61
Abercrombie
Barr
Barton
Beilenson
Berman
Bilbray
Bliley
Bonilla
Brewster
Brown (CA)
Bryant (TX)
Bunning
Callahan
Coble
Collins (IL)
Conyers
Cooley
Coyne
Deal
DeLay
Dellums
Foglietta
Frank (MA)
Furse
Geren
Hansen
Hastings (FL)
Hilliard
Hobson
Hostettler
Houghton
Istook
Jones
Kennedy (RI)
Knollenberg
Kolbe
Lewis (CA)
Livingston
Lofgren
McCarthy
Meek
Millender-McDonald
Miller (CA)
Minge
Mink
Pelosi
Peterson (MN)
Reed
Regula
Sanders
Sanford
Schroeder
Stark
Stenholm
Stump
Vucanovich
Walker
Waters
Woolsey
Yates
Young (AK)
NOT VOTING--19
Becerra
Browder
Coleman
Cubin
de la Garza
Fattah
Fields (TX)
Ford
Hinchey
Laughlin
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Slaughter
Talent
Torres
Torricelli
Wilson
So the amendment was agreed to.
para.81.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SHAYS:
In the item relating to ``DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT--housing opportunities for persons with aids'',
after the dollar amount, insert the following: ``(increased
by $15,000,000)''.
It was decided in the
Yeas
177
<3-line {>
negative
Nays
236
para.81.11 [Roll No. 273]
AYES--177
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Beilenson
Berman
Bilbray
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Burr
Camp
Campbell
Castle
Chrysler
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Durbin
Engel
English
Ensign
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Furse
Ganske
Gejdenson
Gephardt
Geren
Gilchrest
Gilman
Gonzalez
Greenwood
Gunderson
Gutierrez
Hamilton
Harman
Heineman
Hilliard
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
LaHood
Lantos
Lazio
Leach
Levin
Lewis (GA)
LoBiondo
Longley
Lowey
Luther
Maloney
Manton
Markey
Martini
McCarthy
McCrery
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Moran
Morella
Myrick
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Porter
Pryce
Rahall
Ramstad
Rangel
Reed
Riggs
Rivers
Roemer
Ros-Lehtinen
Roukema
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Stark
Stokes
Studds
Stupak
Torkildsen
Towns
Upton
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Weller
Williams
Woolsey
Yates
Zimmer
NOES--236
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Brewster
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burton
Buyer
Callahan
Calvert
Canady
Cardin
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cramer
Crane
Crapo
Cremeans
Cunningham
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Everett
Ewing
Fawell
Foley
Forbes
Fowler
Frisa
Frost
Funderburk
Gallegly
Gekas
Gibbons
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gutknecht
Hall (OH)
Hall (TX)
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jefferson
Johnson, Sam
Johnston
Jones
Kanjorski
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lofgren
Lucas
Manzullo
Martinez
Mascara
McCollum
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Murtha
Myers
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Quillen
Quinn
Radanovich
Regula
Richardson
Roberts
Rogers
Rohrabacher
Rose
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NOT VOTING--20
Ballenger
Becerra
Browder
Coleman
Cox
Cubin
Fattah
Fields (TX)
Ford
Hinchey
Lincoln
Matsui
McDade
Peterson (FL)
Roybal-Allard
Slaughter
Talent
Torres
Torricelli
Wilson
So the amendment was not agreed to.
para.81.12 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SANDERS:
Page 37, line 13, after the first dollar amount, insert the
following: ``(reduced by $1,411,000)''.
Page 64, line 9, after the dollar amount, insert the
following: ``(increased by $1,411,000)''.
It was decided in the
Yeas
358
<3-line {>
affirmative
Nays
55
para.81.13 [Roll No. 274]
AYES--358
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blumenauer
Blute
Boehner
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
[[Page 1419]]
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Ramstad
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Royce
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--55
Baker (LA)
Barton
Bateman
Beilenson
Bliley
Boehlert
Bonilla
Brown (FL)
Chrysler
Clay
Clayton
Combest
Coyne
DeLay
Ehlers
Fields (LA)
Gekas
Geren
Hansen
Hastings (FL)
Hilliard
Hobson
Jackson (IL)
Jefferson
Knollenberg
Lewis (CA)
Lewis (GA)
Livingston
McDermott
Meek
Moran
Morella
Myers
Payne (NJ)
Pryce
Quillen
Radanovich
Rangel
Riggs
Roth
Roukema
Sabo
Schroeder
Serrano
Skeen
Smith (MI)
Stokes
Taylor (NC)
Thomas
Velazquez
Vucanovich
Walker
Waters
Watt (NC)
Zeliff
NOT VOTING--20
Becerra
Browder
Coleman
Cox
Cubin
de la Garza
Fattah
Fields (TX)
Ford
Gephardt
Hinchey
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Talent
Torres
Torricelli
Whitfield
Wilson
So the amendment was agreed to.
para.81.14 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Page 37, after ``$962,558,000'' insert ``(reduced by
$42,000,000)''.
Page 69, line 8, after ``$46,500,000'' insert ``(increased
by $20,000,000)''.
It was decided in the
Yeas
260
<3-line {>
affirmative
Nays
157
para.81.15 [Roll No. 275]
AYES--260
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bono
Borski
Boucher
Brewster
Brown (CA)
Brownback
Bryant (TN)
Bunn
Burr
Burton
Buyer
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Conyers
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cunningham
Danner
Davis
Deal
DeFazio
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Eshoo
Evans
Ewing
Farr
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hinchey
Hoekstra
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Inglis
Istook
Jacobs
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kelly
Kennedy (RI)
Kim
King
Kingston
Klink
Klug
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lucas
Luther
Manzullo
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Montgomery
Moran
Murtha
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Pallone
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Ramstad
Reed
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (AK)
Young (FL)
Zimmer
NOES--157
Abercrombie
Ackerman
Baesler
Barrett (WI)
Bateman
Beilenson
Berman
Bonilla
Bonior
Brown (FL)
Brown (OH)
Bryant (TX)
Bunning
Callahan
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Coyne
Cummings
de la Garza
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Durbin
Edwards
Ehlers
Engel
Everett
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hobson
Hoke
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Kanjorski
Kaptur
Kasich
Kennedy (MA)
Kennelly
Kildee
Kleczka
Knollenberg
Kolbe
Lantos
Lazio
Levin
Lewis (CA)
Lewis (GA)
Livingston
Lowey
Maloney
Manton
Markey
Matsui
McNulty
Meehan
Meek
Menendez
Minge
Mink
Moakley
Molinari
Mollohan
Moorhead
Morella
Myers
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Parker
Pastor
Payne (NJ)
Pelosi
Pryce
Quillen
Radanovich
Rahall
Rangel
Regula
Rogers
Roukema
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Skelton
Slaughter
Smith (TX)
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Towns
Velazquez
Vento
Volkmer
Vucanovich
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Zeliff
NOT VOTING--16
Becerra
Browder
Coleman
Costello
Cubin
Fattah
Fields (TX)
Ford
Hilleary
Lincoln
McDade
Peterson (FL)
Pickett
Roybal-Allard
Torres
Wilson
So the amendment was agreed to.
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. McKEON, assumed the Chair.
para.81.16 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
[[Page 1420]]
The Committee resumed its sitting; and after some further time spent
therein,
para.81.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HOSTETTLER:
Page 64, after line 4, insert the following new item:
elimination of funding for corporation for national and community
service
Each amount appropriated or otherwise made available by
this title for ``Corporation for National and Community
Service'' is hereby reduced to $0.
It was decided in the
Yeas
183
<3-line {>
negative
Nays
240
para.81.18 [Roll No. 276]
AYES--183
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Fowler
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gillmor
Goodlatte
Goodling
Graham
Greene (UT)
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kim
King
Kingston
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (KY)
Lightfoot
Linder
LoBiondo
Longley
Lucas
Manzullo
McCollum
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Radanovich
Ramstad
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Taylor (NC)
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--240
Abercrombie
Ackerman
Andrews
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Castle
Chapman
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Fox
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Goss
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hayes
Hefner
Hilliard
Hinchey
Hobson
Holden
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
Knollenberg
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Livingston
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Pryce
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Ros-Lehtinen
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (WA)
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
NOT VOTING--10
Becerra
Browder
Coleman
Fields (TX)
Ford
Lincoln
McDade
Peterson (FL)
Rose
Roybal-Allard
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. BOEHNER, assumed the Chair.
When Mr. COMBEST, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.81.19 va--hud appropriations
The SPEAKER pro tempore, Mr. BOEHNER, pursuant to House Resolution 456
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3666) making appropriations for the Department of
Transporation and related agencies for the fiscal year ending September
30, 1997, and for other purposes.
Mr. COMBEST, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
para.81.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
Page 95, after line 21, insert the following new section:
Sec. 422. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 1.9 percent.
It was decided in the
Yeas
45
<3-line {>
negative
Nays
372
para.81.21 [Roll No. 277]
AYES--45
Baker (CA)
Barton
Brownback
Bunning
Campbell
Chabot
Coburn
Cox
Crane
Dreier
Duncan
Graham
Gutknecht
Hamilton
Herger
Hoekstra
Hostettler
Inglis
Istook
Johnson, Sam
Kasich
Klug
Largent
McIntosh
Metcalf
Meyers
Minge
Myrick
Neumann
Petri
Pombo
Portman
Radanovich
Ramstad
Roemer
Rohrabacher
Roth
Royce
Sanford
Sensenbrenner
Shadegg
Smith (MI)
Souder
Tiahrt
Upton
NOES--372
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hancock
Hansen
Harman
[[Page 1421]]
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Ros-Lehtinen
Rose
Roukema
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--16
Becerra
Bevill
Boehner
Browder
Christensen
Coleman
Fields (TX)
Flake
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Yates
So the amendment was not agreed to.
para.81.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. WALKER:
In the item relating to ``National Science Foundation--
research and related activities'', after the first dollar
amount, insert the following: ``(increased by $9,110,000)''.
In the item relating to ``National Science Foundation--
salaries and expenses'', after the second dollar amount,
insert the following: ``(reduced by $9,110,000)''.
It was decided in the
Yeas
245
<3-line {>
affirmative
Nays
170
para.81.23 [Roll No. 278]
AYES--245
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennelly
Kim
King
Kingston
Klug
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Longley
Lucas
Luther
Manzullo
Martini
Mascara
McCarthy
McCollum
McHale
McHugh
McInnis
McKeon
Metcalf
Meyers
Miller (FL)
Minge
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Young (FL)
Zeliff
Zimmer
NOES--170
Abercrombie
Ackerman
Baesler
Beilenson
Berman
Bishop
Blumenauer
Bonilla
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
de la Garza
DeFazio
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frelinghuysen
Frost
Furse
Gephardt
Gonzalez
Gordon
Gutierrez
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klink
Knollenberg
LaFalce
Lantos
Levin
Lewis (CA)
Lewis (GA)
Livingston
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McCrery
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Quillen
Rahall
Rangel
Reed
Regula
Rogers
Rose
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Sisisky
Skaggs
Skeen
Slaughter
Smith (WA)
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
NOT VOTING--18
Becerra
Bevill
Browder
Christensen
Coleman
Farr
Fields (TX)
Flake
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
McIntosh
Mica
Peterson (FL)
Roybal-Allard
Yates
So the amendment was agreed to.
After some further time,
para.81.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MARKEY:
Page 95, after line 21, insert:
Sec. 422. None of the funds made available to the
Environmental Protection Agency under the heading ``HAZARDOUS
SUBSTANCE SUPERFUND'' may be used to provide any
reimbursement (except pursuant to section 122(b) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980) of response costs incurred by any
person when it is made known to the official having the
authority to obligate such funds that such person has agreed
to pay such costs under a judicially approved consent decree
entered into before the enactment of this Act.
It was decided in the
Yeas
142
<3-line {>
negative
Nays
274
para.81.25 [Roll No. 279]
AYES--142
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Beilenson
Berman
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
[[Page 1422]]
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Nadler
Neal
Oberstar
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roukema
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Serrano
Skaggs
Slaughter
Smith (NJ)
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Zimmer
NOES--274
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martinez
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--17
Becerra
Bevill
Browder
Christensen
Coleman
Fields (TX)
Flake
Gephardt
Gibbons
Goodling
Hall (OH)
Hayes
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Yates
So the amendment was not agreed to.
After some further time,
para.81.26 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROEMER:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds made available in this Act for
the National Aeronautics and Space Administration may be used
to carry out, or pay the salaries of personnel who carry out,
the Bion 11 and Bion 12 projects.
It was decided in the
Yeas
244
<3-line {>
affirmative
Nays
171
para.81.27 [Roll No. 280]
AYES--244
Abercrombie
Ackerman
Allard
Andrews
Bachus
Baesler
Baker (CA)
Barcia
Barr
Barrett (WI)
Barton
Bass
Blumenauer
Blute
Bonior
Bono
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clayton
Coble
Collins (GA)
Condit
Cooley
Costello
Coyne
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Doggett
Dooley
Doolittle
Doyle
Duncan
Dunn
Durbin
Ehrlich
Engel
English
Ensign
Evans
Ewing
Fawell
Flanagan
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Ganske
Gejdenson
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hutchinson
Inglis
Istook
Jackson (IL)
Jacobs
Johnson (CT)
Johnson (SD)
Jones
Kelly
Kennelly
Kildee
Kingston
Kleczka
Klug
LaFalce
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McNulty
Meehan
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Molinari
Moran
Morella
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Oberstar
Obey
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Pelosi
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Riggs
Rivers
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schroeder
Schumer
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Skelton
Slaughter
Smith (NJ)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Thurman
Tiahrt
Torkildsen
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Wamp
Watts (OK)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NOES--171
Archer
Armey
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Bartlett
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Borski
Boucher
Brown (CA)
Brown (FL)
Bryant (TX)
Callahan
Calvert
Campbell
Chapman
Clay
Clement
Clinger
Clyburn
Coburn
Collins (IL)
Collins (MI)
Combest
Conyers
Cox
Cramer
Crane
de la Garza
DeLay
Dicks
Dingell
Dixon
Dornan
Dreier
Edwards
Ehlers
Eshoo
Everett
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Foley
Ford
Frank (MA)
Franks (CT)
Frost
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gonzalez
Green (TX)
Hall (TX)
Hancock
Hansen
Hefner
Heineman
Hilliard
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kim
King
Klink
Knollenberg
Kolbe
LaHood
Laughlin
Lewis (CA)
Linder
Livingston
Lofgren
Martinez
McCrery
McDermott
McKeon
McKinney
Meek
Metcalf
Millender-McDonald
Moakley
Mollohan
Montgomery
Moorhead
Murtha
Myers
Neal
Nussle
Olver
Ortiz
Orton
Packard
Payne (NJ)
Payne (VA)
Peterson (MN)
Petri
Pickett
Quillen
Radanovich
Regula
Richardson
Roberts
Rush
Sabo
[[Page 1423]]
Sawyer
Schaefer
Schiff
Scott
Sensenbrenner
Sisisky
Skaggs
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Stenholm
Stockman
Stokes
Studds
Stump
Tanner
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Torres
Volkmer
Vucanovich
Walker
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
White
Williams
Wise
Wolf
Young (FL)
NOT VOTING--18
Becerra
Bevill
Brewster
Browder
Christensen
Coleman
Fields (TX)
Flake
Gephardt
Gibbons
Hall (OH)
Hayes
Kasich
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Yates
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. COMBEST, Chairman, reported that the Committee, having had
under consideration said bill, had directed him to report the same back
to the House with sundry amendments adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 10, line 10, strike ``; Provided, That'' and all that
follows through ``Secretary'' on line 15.
On page 19, line 9, strike ``$5,372,000,000'' and insert in
lieu thereof ``$5,272,000,000''. On page 19, line 11, strike
``$4,572,000,000'' and insert in lieu thereof
``$4,472,000,000''. On page 19, line 15, strike
``$975,000,000'' and insert in lieu thereof ``$875,000,000''.
On page 28, line 20, strike ``$4,300,000,000'' and insert
in lieu thereof ``$4,600,000,000''. On page 28, line 21,
after ``1999,'' and insert ``of which $300,000,000 shall
become available for obligation on September 30, 1997, and''.
On page 74, line 5, strike ``$1,320,000,000'' and insert in
lieu thereof ``$1,120,000,000''.
``On page 30, strike lines 9 through 17 in their
entirety.''
Page 19, line 9, after ``$5,372,000,000'' insert ``(reduced
by $140,000,000)''.
Page 19, line 19, after ``$800,000,000'', insert ``(reduced
by $140,000,000)''.
Page 20, line 18, after ``$595,000,000'' insert
``(increased by $100,000,000)''.
Page 20, line 24, after the dollar amount insert
``(increased by $40,000,000)''.
Page 37, line 13, after the first dollar amount, insert the
following: ``(reduced by $1,411,000)''.
Page 64, line 9, after the dollar amount, insert the
following: ``(increased by $1,411,000)''.
Page 37, after ``$962,558,000'' insert ``(reduced by
$42,000,000)''.
Page 69, line 8, after ``$46,500,000'' insert ``(increased
by $20,000,000)''.
Page 65, line 16, after the second dollar amount, insert
the following: ``(reduced by $1,500,000)''.
Page 66, line 8, after the dollar amount, insert the
following: ``(increased by $1,500,000)''.
On page 67, line 17, strike the number ``$2,200,000,000''
and insert in lieu thereof the number ``$2,201,200,000'';
On page 67, line 18, strike the number ``$1,950,000,000''
and insert in lieu thereof the number ``$1,951,200,000''; and
On page 68, line 24, before the period add the following
new proviso:
``: Provided further, That $1,200,000 of the funds
appropriated under this heading shall be used by the Agency
for Toxic Substances and Disease Registry to conduct a health
effects study of the Toms River Cancer cluster in the Toms
River area in the State of New Jersey''.
On page 77, beginning on line 1, strike the words
``established for such rates as of June 1, 1996'', and insert
in lieu thereof the words, ``authorized by the National Flood
Insurance Reform Act of 1994''.
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds made available in this Act for
the National Aeronautics and Space Administration may be used
for the National Center for Science Literacy, Education and
Technology at the American Museum of National History.
Page 95, after line 21, insert the following new sections:
Sec. 422. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this Act may be
provided by contract or by grant (including a grant of funds
to be available for student aid) to an institution of higher
education when it is made known to the Federal official
having authority to obligate or expend such funds that the
institution (or any subelement thereof) has a policy or
practice (regardless of when implemented) that prohibits, or
in effect prevents--
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the institution (or subelement);
or
(2) a student at the institution (or subelement) from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 423. (a) Denial of Funds for Preventing Federal
Military Recruiting on Campus.--None of the funds made
available in this Act may be provided by contract or grant
(including a grant of funds to be available for student aid)
to any institution of higher education when it is made known
to the Federal official having authority to obligate or
expend such funds that the institution (or any subelement
thereof) has a policy or practice (regardless of when
implemented) that prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to
students (who are 17 years of age or older) for purposes of
Federal military recruiting, student names, addresses,
telephone listings, dates and places of birth, levels of
education, degrees received, prior military experience, and
the most recent previous educational institutions enrolled in
by the students.
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 424. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Page 95, after line 21, insert the following new section:
Sec. . The amount provided in title I for ``Veterans
Health Administration--Medical care'' is hereby increased by,
the amount provided in title I for ``Departmental
Administration--General operating expenses'' is hereby
increased by, and the total of the amounts of budget
authority provided in this Act for payments not required by
law for the fiscal year ending September 30, 1997 (other than
any amount of budget authority provided in title I and any
such amount provided in title III for the American Battle
Monuments Commission, the Court of Veterans Appeals, or
Cemeterial Expenses, Army), is hereby reduced by,
$40,000,000, $17,000,000, and 0.40 percent, respectively.
Page 95, after line 21, insert the following new section:
Sec. 422. The amounts otherwise provided by this Act are
revised by increasing the amount made available for
``Veterans Health Administration--Medical Care'', increasing
the amount made available for ``Veterans Health
Administration--Medical and Prosthetic Research'', reducing
the amount made available for ``Corporation for National and
Community Service--National and Community Service Programs
Operating Expenses'', and reducing the amount made available
for ``Corporation for National and Community Service--Office
of Inspector General'', by $20,000,000, $20,000,000,
$365,000,000, and $2,000,000, respectively.
Page 95, after line 21 insert the following new section:
Sec. 422. None of the funds made available in this Act may
be used by the Environmental Protection Agency to issue,
reissue, or renew any approval or authorization for any
facility to store or dispose of polychlorinated biphenyls
when it is made known to the Federal official having
authority to obligate or expend such funds that there is in
effect at the time of the issuance, reissuance, or renewal a
rule authorizing any person to import into the customs
territory of the United States for treatment or disposal any
polychlorinated biphenyls, or polychlorinated biphenyl items,
at concentrations of more than 50 part per million.
Page 95, after line 21, insert the following:
Sec. 422. None of the funds made available to the
Environmental Protection Agency under the heading ``Hazardous
Substance Superfund'' may be used to implement any
retroactive liability discount reimbursement described in the
amendment made by section 201 of H.R. 2500, as introduced on
October 18, 1995.
In the item relating to ``National Science Foundation--
research and related activities'', after the first dollar
amount, insert the following: ``(increased by $9,110,000)''.
In the item relating to ``National Science Foundation--
salaries and expenses'', after the second dollar amount,
insert the following: ``(reduced by $9,110,000)''.
Sec. . FHA Mortgage Insurance Premiums.--Section
203(c)(2)(A) of the National Housing Act (12 U.S.C.
1709(c)(2)(A)) is
[[Page 1424]]
amended by inserting after the first sentence the following
new sentence: ``In the case of mortgage for which the
mortgagor is a first time homebuyer who completes a program
of counseling with respect to the responsibilities and
financial management involved in homeownership that is
approved by the Secretary, the premium payment under this
subparagraph shall not exceed 2.0 percent of the amount of
the original insured principal obligation of the mortgage.''.
Page 95, after line 21, insert the following new section:
Sec. 422. (a) Authority To Use Amounts Borrowed From Family
Members for Downpayments on FHA-insured Loans.--Section
203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9))
is amended by inserting before the period at the end the
following: ``: Provided further, That for purposes of this
paragraph, the Secretary shall consider as cash or its
equivalent any amounts borrowed from a family member (as such
term is defined in section 201), subject only to the
requirements that, in any case in which the repayment of such
borrowed amounts is secured by a lien against the property,
such lien shall be subordinate to the mortgage and the sum of
the principal obligation of the mortgage and the obligation
secured by such lien may not exceed 100 percent of the
appraised value of the property plus any initial service
charges, appraisal, inspection, and other fees in connection
with the mortgage''.
(b) Definition of Family Member.--Section 201 of the
National Housing Act (12 U.S.C. 1707) is amended by adding at
the end the following new subsections:
``(e) The term `family member' means, with respect to a
mortgagor under such section, a child, parent, or grandparent
of the mortgagor (or the mortgagor's spouse). In determining
whether any of the relationships referred to in the preceding
sentence exist, a legally adopted son or daughter of an
individual (and a child who is a member of an individual's
household, if placed with such individual by an authorized
placement agency for legal adoption by such individual), and
a foster child of an individual, shall be treated as a child
of such individual by blood.
``(f) The term `child' means, with respect to a mortgagor
under such section, a son, stepson, daughter, or stepdaughter
of such mortgagor.''.
Page 95, after line 21, insert the following new section:
Sec. 422. Sections 401 and 402 of the bill, H.R. 1708,
104th Congress, as introduced in the House of Representatives
on May 24, 1995, are hereby enacted into law.
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds made available in this Act for
the National Aeronautics and Space Administration may be used
to carry out, or pay the salaries of personnel who carry out,
the Bion 11 and Bion 12 projects.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. STOKES moved to recommit the bill to the Committee on
Appropriations with instructions to report the bill back to the House
forthwith with the following amendments:
On page 61, line 14, after the first dollar amount, insert
``(increased by $350,000,000)''
and,
On page 61, line 15, strike ``September 1, 1997'' and
insert ``September 30, 1997''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore announced that the nays had it.
Mr. STOKES demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
205
<3-line {>
negative
Nays
212
para.81.28 [Roll No. 281]
AYES--205
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Bereuter
Berman
Bishop
Blumenauer
Blute
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gilman
Gonzalez
Gordon
Green (TX)
Gunderson
Gutierrez
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Quillen
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
NOES--212
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--17
Becerra
Bevill
Browder
Christensen
Coleman
Conyers
Fields (TX)
Flake
Gephardt
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Yates
So the motion to recommit was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
269
<3-line {>
affirmative
Nays
147
para.81.29 [Roll No. 282]
YEAS--269
Allard
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
[[Page 1425]]
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fazio
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--147
Abercrombie
Ackerman
Andrews
Baldacci
Barton
Beilenson
Berman
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Duncan
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Foglietta
Ford
Franks (NJ)
Furse
Gejdenson
Gonzalez
Green (TX)
Gutierrez
Hamilton
Hancock
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Petri
Pickett
Pomeroy
Rangel
Reed
Roemer
Rose
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Slaughter
Stark
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
NOT VOTING--17
Bachus
Becerra
Bevill
Browder
Christensen
Coleman
Fields (TX)
Flake
Gephardt
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Peterson (FL)
Roybal-Allard
Yates
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.81.30 providing for the consideration of a concurrent resolution
for adjournment
Mr. DIAZ-BALART, by direction of the Committee on Rules, reported
(Rept. No. 104-640) the resolution (H. Res. 465) providing for
consideration of a concurrent resolution providing for adjournment of
the House and Senate for the Independence Day district work period.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.81.31 providing for the consideration of h.j. res. 182 and h. res.
461
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 463):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the joint
resolution (H.J. Res. 182) disapproving the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of the People's Republic of China. All points
of order against the joint resolution and against its
consideration are waived. The joint resolution shall be
debatable for two hours equally divided and controlled by the
chairman of the Committee on Ways and Means (in opposition to
the joint resolution) and a Member in support of the joint
resolution. Pursuant to sections 152 and 153 of the Trade Act
of 1974, the previous question shall be considered as ordered
on the joint resolution to final passage without intervening
motion. The provisions of sections 152 and 153 of the Trade
Act of 1974 shall not apply to any other joint resolution
disapproving the extension of most-favored-nation treatment
to the People's Republic of China for the remainder of the
One Hundred Fourth Congress.
Sec. 2. After disposition of House Joint Resolution 182
pursuant to the first section of this resolution, it shall be
in order to consider in the House the resolution (H. Res.
461) regarding human rights abuses, nuclear and chemical
weapons proliferation, illegal weapons trading, military
intimidation of Taiwan, and trade violations by the People's
Republic of China and the People's Liberation Army, and
directing the committees of jurisdiction to commence hearings
and report appropriate legislation. The resolution shall be
debatable for one hour equally divided and controlled by
Representative Cox of California or his designee and a Member
opposed to the resolution. The previous question shall be
considered as ordered on the resolution to final adoption
without intervening motion.
When said resolution was considered.
After debate,
THURSDAY, JUNE 27 (LEGISLATIVE DAY OF JUNE 26), 1996
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.81.32 providing for the consideration of h.r. 3675
Ms. GREENE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 460):
Resolved, That at any time after the adoption of this
resolution the Speaker, may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3675) making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes. The first
reading of the bill shall be dispensed with. Points of order
against consideration of the bill for failure to comply with
section 401(a) of the Congressional Budget Act of 1974 are
waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule. Points
of order against provisions in the bill for failure to comply
with clause 2 or 6 of rule XXI are waived except as follows:
beginning with the colon on page 10, line 25, through
``program'' on page 11, line 3. Where points of order are
waived against part of a paragraph, points of order against a
provision in another part of such paragraph may be made only
against such provision and not against the entire paragraph.
The amendment printed in section 2 of this resolution shall
be considered as adopted in the House and in the Committee of
the Whole. During consideration of the bill for further
amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an amendment has caused it be printed in the
portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. The Chairman of the Committee of
the Whole may postpone until
[[Page 1426]]
a time during further consideration in the Committee of the
Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or a
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto the final passage without intervening
motion except one motion to recommit with or without
instructions.
Sec. 2. The amendment considered as adopted in the House
and in the Committee of the Whole as follows:
Page 8, line 18, strike ``proceeds from the sale of''.
Page 8, line 20, strike ``credited as offsetting
collections to this account so as to result'' and insert in
lieu thereof ``disposed of in a manner resulting''.
Page 8, line 22, strike the comma after the figure and all
that follows through ``Act'' on page 9, line 1.
Page 11, line 18, strike ``$2,742,602,000'' and insert in
lieu thereof ``$1,642,500,000''.
Page 27, line 4, strike ``$400,000,000'' and insert in lieu
thereof ``$460,000,000''.
Page 48, line 12, strike the colon and all that follows
through ``funds'' on line 15.
When said resolution was considered.
After debate,
On motion of Ms. GREENE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.81.33 transportation appropriations
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 460
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3675) making appropriations for the Department of Transportation
and related agencies for the fiscal year ending September 30, 1997, and
for other purposes.
The SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent, designated
Mr. BEREUTER as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. BEREUTER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.81.34 committee election--majority
Mr. GOSS, by unanimous consent, submitted the following resolution (H.
Res. 467):
Resolved, that the following named Member be, and he is
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Transportation and Infrastructure: Mr. Baker
of Louisiana.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.81.35 hour of meeting
On motion of Mr. GOSS, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 12
o'clock noon today.
para.81.36 message from the president--space activities
The SPEAKER pro tempore, Mr. LaHOOD, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit this report on the Nation's achievements in
aeronautics and space during fiscal year 1995, as required under section
206 of the National Aeronautics and Space Act of 1958, as amended (42
U.S.C. 2476). Aeronautics and space activities involved 14 contributing
departments and agencies of the Federal Government, and the results of
their ongoing research and development affect the Nation in many ways.
A wide variety of aeronautics and space developments took place during
fiscal year 1995. The National Aeronautics and Space Administration
(NASA) successfully completed seven Space Shuttle flights. A Shuttle
program highlight was the docking of the Shuttle Atlantis with the
Russian space station Mir.
NASA launched three Expendable Launch Vehicles (ELV), while the
Department of Defense (DOD) successfully conducted five ELV launches.
These launches included satellites to study space physics, track Earth's
weather patterns, and support military communications. In addition,
there were 12 commercial launches carried out from Government facilities
that the Office of Commercial Space Transportation (OCST), within the
Department of Transportation (DOT), licensed and monitored.
NASA continued the search for a more affordable space launch system
for the coming years with its Reusable Launch Vehicle program. NASA
hopes to develop new kinds of launch technologies that will enable a
private launch industry to become financially feasible.
In aeronautics, activities included development of technologies to
improve performance, increase safety, reduce engine noise, and assist
U.S. industry to be more competitive in the world market. Air traffic
control activities focused on various automation systems to increase
flight safety and enhance the efficient use of airspace.
Scientists made some dramatic new discoveries in various space-related
fields. Astronomers gained new insights into the size and age of our
universe in addition to studying our solar system. Earth scientists
continued to study the complex interactions of physical forces that
influence our weather and environment and reached new conclusions about
ozone depletion. Agencies such as the Environmental Protection Agency
(EPA), as well as the Departments of Agriculture and the Interior, used
remote-sensing technologies to better understand terrestrial changes.
Microgravity researchers conducted studies to prepare for the long-
duration stays of humans that are planned for the upcoming International
Space Station.
International cooperation, particularly with Russia, occurred in a
variety of aerospace areas. In addition to the Shuttle-Mir docking
mission and the Russian partnership on the International Space Station,
U.S. and Russian personnel also continued close cooperation on various
aeronautics projects.
Thus, fiscal year 1995 was a very successful one for U.S. aeronautics
and space programs. Efforts in these areas have contributed
significantly to the Nation's scientific and technical knowledge,
international cooperation, a healthier environment, and a more
competitive economy.
William J. Clinton.
The White House, June 26, 1996.
The message, together with the accompanying papers, was referred to
the Committee on Science.
para.81.37 appointment of funeral committee of the late honorable bill
emerson
The SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent, announced
the Speaker did appoint, pursuant to the provisions of House Resolution
459, the following Members to the funeral committee of the late
Honorable Bill Emerson, on the part of the House: Messrs. Clay,
Gingrich, Gephardt, Boehner, Skelton, Volkmer, Hancock, Ms. Danner, Mr.
Talent, Ms. McCarthy, Messrs. Montgomery, Hall of Ohio, Lewis of
California, Hunter, Roberts, Wolf, Kanjorski, McNulty, Poshard, Moran,
Mrs. Lincoln, Mr. Chambliss, Mrs. Cubin, and Mr. Latham.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.81.38 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1903. An Act to designate the bridge, estimated to be
completed in the year 2000, that replaces the bridge on
Missouri highway 74 spanning from East Cape Girardeau,
Illinois, to Cape Girardeau, Missouri, as the
[[Page 1427]]
``Bill Emerson Memorial Bridge,'' and for other purposes.
para.81.39 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. YATES, for today after 7:15 p.m.;
To Mr. COLEMAN, for June 25 and 26; and
To Mr. FLAKE, for today after 6:00 p.m. and June 27.
And then,
para.81.40 adjournment
On motion of Mr. GOSS, pursuant to the special order heretofore agreed
to, at 1 o'clock and 18 minutes a.m., Thursday, June 27 (Legislative Day
of June 26), 1996, the House adjourned until 12 o'clock noon today.
para.81.41 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. WALKER: Committee on Science. H.R. 2779. A bill to
provide for soft-metric conversion, and for other purposes;
with amendments (Rept. No. 104-639). Referred to the
Committee of the Whole House on the State of the Union.
Mr. DIAZ-BALART: Committee on Rules. House Resolution 465.
Resolution providing for consideration of a concurrent
resolution providing for adjournment of the House and Senate
for the Independence Day district work period (Rept. No. 104-
640). Referred to the House Calendar.
para.81.42 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. MEYERS of Kansas:
H.R. 3719. A bill to amend the Small Business Act and the
Small Business Investment Act of 1958; to the Committee on
Small Business.
H.R. 3720. A bill to amend the Small Business Investment
Act of 1958, and for other purposes; to the Committee on
Small Business.
By Mr. FALEOMAVAEGA:
H.R. 3721. A bill to establish the Omnibus Territories Act;
to the Committee on Resources, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mrs. KELLY (for herself, Mrs. Lowey, Mr. Ackerman,
Mr. Hinchey, Mr. King, Mr. Manton, Mr. McHugh, Mr.
Owens, Mr. Serrano, and Mr. Solomon):
H.R. 3722. A bill to amend title 38, United States Code, to
revise the manner by which the Secretary of Veterans Affairs
ranks applicants for grants under the State Home Construction
Grant Program administered by the Secretary and to limit the
number of grants any State may be awarded in a year under
that program; to the Committee on Veterans' Affairs.
By Mr. McCOLLUM (for himself and Mr. Schumer):
H.R. 3723. A bill to amend title 18, United States Code, to
protect proprietary economic information, and for other
purposes; to the Committee on the Judiciary.
By Mr. McCOLLUM (for himself, Mr. Schumer, Mr.
Stenholm, Mr. Horn, Mr. Levin, Mr. Canady, Mr.
Hunter, Mr. Beilenson, Mr. Frank of Massachusetts,
Mr. Boucher, Mr. Bilbray, Mr. Bryant of Tennessee,
Mr. Campbell, Mr. Clyburn, Mr. Gillmor, Mr. Hastings
of Washington, Mr. Kim, Mr. McKeon, Mr. Miller of
California, Mr. Montgomery, Mrs. Roukema, Mr. Shays,
Mr. Traficant, Mr. Waxman, and Mr. Wilson):
H.R. 3724. A bill to improve the integrity of the Social
Security card and to provide for criminal penalties for fraud
and related activity involving work authorization documents
for purposes of the Immigration and Nationality Act; to the
Committee on the Judiciary, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. MORAN (for himself, Mrs. Morella, Mr. Hall of
Ohio, Mr. Leach, Mr. Payne of New Jersey, Mr.
DeFazio, Mr. Engel, Mrs. Schroeder, Mr. Beilenson,
Ms. Norton, Mr. Olver, Mrs. Meek of Florida, Mr.
Green of Texas, Mr. Lantos, Mr. Flake, Mr. Berman,
Mr. Wynn, Mr. Yates, and Mr. Farr):
H.R. 3725. A bill to assist international efforts to
improve awareness, detection, and clearance of antipersonnel
landmines and explosive ordnance; to the Committee on
International Relations, and in addition to the Committee on
National Security, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. MORELLA (for herself and Ms. Eddie Bernice
Johnson of Texas):
H.R. 3726. A bill to establish the Commission on the
Advancement of Women in the Science and Engineering Work
Forces; to the Committee on Economic and Educational
Opportunities.
By Mrs. ROUKEMA (for herself and Mr. Schumer):
H.R. 3727. A bill to amend the Electronic Fund Transfer Act
to require notice of certain fees imposed by the operator of
an automated teller machine in connection with an electronic
fund transfer initiated by a consumer at the machine, and for
other purposes; to the Committee on Banking and Financial
Services.
By Mr. SPRATT:
H.R. 3728. A bill to suspend temporarily the duty on Para
ethyl phenol [PEP]; to the Committee on Ways and Means.
By Ms. HARMAN (for herself, Mr. Spratt, and Mr. Taylor
of Mississippi):
H.R. 3729. A bill to provide for the detection and
interception of weapons of mass destruction delivered by
unconventional means; to the Committee on National Security,
and in addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction the committee
concerned.
By Mr. BONILLA (for himself and Mr. Condit):
H. Res. 466. Resolution providing for the consideration of
the bill (H.R. 2275) to reauthorize and amend the Endangered
Species Act of 1973; to the Committee on Rules.
By Mr. GOSS:
H. Res. 467. Resolution electing Representative Baker of
Louisiana to the Committee on Transportation and
Infrastructure; considered and agreed to.
para.81.43 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
228. By the SPEAKER: Memorial of the Legislature of the
State of Alaska, relative to Legislative Resolve No. 50
opposing the proposed expansion of the U.S. Environmental
Protection Agency's toxics release inventory program; to the
Committee on Commerce.
229. Also, memorial of the Legislature of the State of
Alaska, relative to Legislative Resolve No. 54 relating to
the creation of a new U.S. Court of Appeals for the 12th
Circuit; to the Committee on the Judiciary.
230. Also, memorial of the Legislature of the State of
Alaska, relative to Legislative Resolve No. 70 urging the
Congress of the United States to pass S. 1629, the 10th
Amendment Enforcement Act of 1996; to the Committee on the
Judiciary.
para.81.44 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 2001. A bill for
the relief of Norton R. Girault (Rept. No. 104-637). Referred
to the Committee of the Whole House.
Mr. HYDE: Committee on the Judiciary. S. 966. An act for
the relief of Nathan C. Vance, and for other purposes (Rept.
No. 104-638). Ordered to be printed.
para.81.45 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 132: Mr. Romero-Barcelo.
H.R. 359: Mrs. Roukema.
H.R. 598: Mr. Sawyer, Mr. Davis, and Mr. Nethercutt.
H.R. 739: Mr. Chabot and Mr. Dreier.
H.R. 963: Mr. Chapman.
H.R. 1023: Mr. Lipinski.
H.R. 1057: Mr. Oberstar and Mr. Traficant.
H.R. 1708: Mr. Gordon, Mr. Richardson, and Mr. Canady of
Florida.
H.R. 2119: Mr. Shays.
H.R. 2200: Mr. Paxon and Mr. Blute.
H.R. 2209: Mr. Diaz-Balart, Mr. Matsui, and Mr. Foglietta.
H.R. 2214: Mr. Torkildsen.
H.R. 2391: Mr. Dornan, Mr. Horn, Mr. Salmon, and Mr.
Manzullo.
H.R. 2400: Mrs. Smith of Washington and Mr. Brown of Ohio.
H.R. 2508: Mr. Linder.
H.R. 2566: Mr. Zimmer.
H.R. 2651: Mr. Bishop and Mr. Mascara.
H.R. 2779: Mr. Blute, Mr. Campbell, Mr. Kim, Mr. Manzullo,
Mrs. Myrick, and Mr. Oxley.
H.R. 2807: Miss Collins of Michigan, Mr. Smith of Michigan,
Ms. DeLauro, Mr. Scarborough, and Mr. Upton.
H.R. 2864: Mr. Thomas.
H.R. 2900: Mr. Tiahrt, Mr. Dornan, Mr. Tate, and Mr.
Calvert.
H.R. 2925: Mr. Bilbray and Mr. Coburn.
H.R. 2927: Mr. Weller, Mr. Horn, Mr. White, Mr. Crane, Ms.
Harman, Mr. Wicker, Mr. Radanovich, and Mr. Dreier.
H.R. 3011: Mr. Horn, Mr. Minge, and Ms. Jackson-Lee.
H.R. 3087: Mr. Funderburk.
H.R. 3138: Mr. Quillen.
H.R. 3142: Mr. Hastert and Mr. Barcia of Michigan.
H.R. 3150: Mr. Cummings.
[[Page 1428]]
H.R. 3195: Mr. Jones.
H.R. 3226: Mr. Owens and Mr. Gilman.
H.R. 3234: Mrs. Cubin.
H.R. 3331: Ms. Jackson-Lee, Mr. Ackerman, Mr. Hinchey, and
Ms. Brown of Florida.
H.R. 3346: Mr. Ensign.
H.R. 3391: Mr. Norwood, Mr. Parker, Mr. Hefley, and Mr.
Frelinghuysen.
H.R. 3396 Mr. Combest, Mr. Riggs, and Mr. Bunning of
Kentucky.
H.R. 3401: Mr. Wicker, Mr. Faleomavaega, Mr. McNulty, Ms.
Norton, Mr. Barrett of Nebraska, and Mr. Dingell.
H.R. 3433: Mr. Miller of California.
H.R. 3463: Mr. McDermott, Mr. Owens, and Mr. Stark.
H.R. 3480: Mr. Hamilton, Mr. Roemer, Mr. Lewis of Kentucky,
Mr. Baker of Louisiana, and Mr. Stenholm.
H.R. 3496: Mr. Evans, Mr. Payne of New Jersey, Mr. Green of
Texas, and Mr. Rangel.
H.R. 3514: Mr. LaFalce, Mr. Callahan, Mr. Hansen, Mr. Wolf,
Mr. Lewis of Kentucky, and Mr. Ehlers.
H.R. 3551: Mr. Franks of New Jersey, Mr. Flanagan, Mr.
Scarborough, Mr. Romero-Barcelo, and Mr. Goss.
H.R. 3567: Mr. Duncan and Mr. Christensen.
H.R. 3605: Mr. Thomas, Mr. Stark, Mr. Filner, Ms. Roybal-
Allard, Mr. Bono, Mr. Gallegly, Mr. Dornan, Mr. Riggs, Mr.
Condit, and Ms. Millender-McDonald.
H.R. 3654: Mr. Torres, Mr. Taylor of North Carolina, Mr.
Taylor of Mississippi, Mr. Hilleary, Mr. Frost, Mr. Schiff,
Mr. Pallone, Mr. Bevill, Mr. Bonior, Mr. Ward, Mr. Kanjorski,
Mr. Doyle, Mr. Mascara, Mr. Coleman, Mr. Wise, Mrs. Meek of
Florida, Mr. Richardson, Mr. Olver, Mr. Hinchey, Mr. Barr,
Mr. Combest, Mr. Evans, Mr. Weller, Mr. Bunning of Kentucky,
Mr. Traficant, Mr. Ortiz, Mr. Tejeda, Mr. Martinez, Mr.
Moran, Ms. Eddie Bernice Johnson of Texas, Mr. Towns, and Mr.
Sanders.
H.R. 3687: Mr. Ney, Mr. Forbes, Mr. Fox, and Mr. Taylor of
North Carolina.
H.R. 3700: Mr. Boucher, Mr. Oxley, Mr. English of
Pennsylvania, and Ms. Lofgren.
H. Con. Res 142: Mr. Frazer, Mr. Chabot, Mr. Johnston of
Florida, and Mr. Salmon.
H. Res. 286: Mr. Taylor of Mississippi and Mr. Olver.
H. Res. 452: Ms. Kaptur, Mr. Bono, Mr. Clyburn, and Mr.
Dellums.
H. Res. 461: Mr. Gingrich, Mr. Armey, Mr. DeLay, and Mr.
Hyde.
para.81.46 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 2740: Mr. Crane.
.
THURSDAY, JUNE 27, 1996 (82)
para.82.1 designation of speaker pro tempore
The House was called to order at 10 o'clock a.m. by the SPEAKER pro
tempore, Mr. WHITE, who laid before the House the following
communication:
Washington, DC,
June 27, 1996.
I hereby designate the Honorable Rick White to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.82.2 approval of the journal
The SPEAKER pro tempore, Mr. WHITE, announced he had examined and
approved the Journal of the proceedings of Wednesday, June 26, 1996.
Mr. WYNN, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. WHITE, announced that the yeas had it.
Mr. WYNN objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WHITE, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.82.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3860. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Almonds Grown in California; Order Amending the Order (FV93-
981-1) received June 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3861. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Spearmint Oil Produced in the Far West; Order Amending the
Order (FV95-985-4) received June 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3862. A letter from the Under Secretary for Food,
Nutrition, and Consumer Services, Department of Agriculture,
transmitting the Department's final rule--Food Stamp Program:
Automated Date Processing Equipment and Services; Reduction
in Reporting Requirements (Food and Consumer Service) (RIN:
0584-AB92) received June 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3863. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Notification Procedures
for Pesticide Registration Modification (FRL 5372-8) received
June 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
3864. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Worker
Protection Standard; Language and Size Requirements to
Warning Sign (FRL-5358-7) received June 27, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3865. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Worker
Protection Standard; Language and Size Requirement for
Warning Sign (FRL-5358-8) received June 27, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3866. A letter from the Administrator, Farm Service Agency,
transmitting the Agency's final rule--Tobacco-Tobacco Loan
Program (RIN: 0560-AE41) received June 27, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3867. A letter from the Acting General Sales Manager and
Acting Vice President, Commodity Credit Corporation, Foreign
Agricultural Service, transmitting the Service's final rule--
Commodity Credit Corporation Supplier Credit Guarantee
Program (RIN: 0551-AA30) received June 26, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3868. A letter from the Under Secretary of Defense,
transmitting the Department's report on nonmajor acquisition
programs, pursuant to 10 U.S.C. 2220(b); to the Committee on
National Security.
3869. A letter from the Under Secretary of Defense,
transmitting the Department's report on payment of
restructuring costs under defense contracts, pursuant to 10
U.S.C. 2324 note; to the Committee on National Security.
3870. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Operating-Differential Subsidy for Bulk Cargo Vessels;
Maintenance and Repair Subsidy (Maritime Administration)
(RIN: 2133-AB27) received June 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
3871. A letter from the Deputy Secretary of Defense,
transmitting the Department's report entitled ``Effect of
Closure of Fitzsimons Army Medical Center on Provision of
Care to Military Personnel, Retired Military Personnel, and
their Dependents,'' pursuant to Public Law 104-106, section
747(a) (110 Stat. 387); to the Committee on National
Security.
3872. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-35: Determination Under
Section 2(b)(2)(D) of the Export-Import Bank Act of 1945, as
Amended: People's Republic of China; to the Committee on
Banking and Financial Services.
3873. A letter from the Assistant Secretary of Education,
transmitting notice of final priority and limitation on use
of funds; Elementary School Mathematics and Science Equipment
Program for the fund for the improvement of education,
pursuant to 20 U.S.C. 1232(f); to the Committee on Economic
and Educational Opportunities.
3874. A letter from the Assistant Secretary, Department of
Education, transmitting Final Priority--Postsecondary
Education Program for Individuals with Disabilities, pursuant
to 20 U.S.C. 1232(f); to the Committee on Economic and
Educational Opportunities.
3875. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on postsecondary education programs for
individuals with disabilities, pursuant to 5 U.S.C.
801(a)(1)(B); to the Committee on Economic and Educational
Opportunities.
3876. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Reorganization,
Renumbering, and Reinvention of Regulations (RIN: 1212-AA75)
received June 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Economic and Educational Opportunities.
3877. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Federal
Energy Management and Planning Programs; Methodology and
Procedures for Life Cycle Cost Analyses [Docket No. EE-RM-95-
501] (RIN: 1991-AA80) received June 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3878. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's ``Major'' final rule--Regulation of
Fuels and Fuel Additives: Certification Standards for Deposit
Control Gasoline Additives (FRL-5528-5) received June 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
[[Page 1429]]
3879. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--General Procedures to
Opt out of the Reformulated Gasoline Requirements; Removal of
Jefferson County, Albany and Buffalo, New York; Twenty-eight
Counties in Pennsylvania; and Hancock and Waldo Counties in
Maine from the Reformulated Gasoline Program (FRL 5528-6)
received June 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3880. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Withdrawal of Final
Test Rule for Mesityl Oxide (FRL-5363-2) received June 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3881. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Flutolanil; Pesticide
Tolerance (FRL-5369-7) received June 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3882. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Potassium Citrate;
Tolerance Exemption (FRL-5381-5) received June 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3883. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Folpet; Revocation of
Pesticide Tolerances (FRL-5382-1) received June 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3884. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pentaerythritol
Stearates; Tolerance Exemption (FRL-5381-2) received June 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3885. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--Rule
Concerning Disclosures Regarding Energy Consumption and Water
Use of Certain Home Appliances and Other Products Required
Under The Energy Policy and Conservation Act (16 CFR Part
305) received June 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3886. A letter from the Administrator, Health Care
Financing Administration, transmitting the Administration's
report entitled ``Evaluation of the Grant Program for Rural
Health Care Transition,'' report to Congress 1996, pursuant
to 42 U.S.C. 1395ww note; to the Committee on Commerce.
3887. A letter from the Chairman, Securities and Exchange
Commission, transmitting the annual report of the Securities
Investor Protection Corporation for the year 1995, pursuant
to 15 U.S.C. 78ggg(c)(2); to the Committee on Commerce.
3888. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Jordan for defense articles and services
(Transmittal No. 96-45), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
3889. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting a report of enhancement or
upgrade of sensitivity of technology or capability for Japan
(Transmittal No. E-96), pursuant to 22 U.S.C. 2776(b)(5)(A);
to the Committee on International Relations.
3890. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Jordan
(Transmittal No. 14-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
3891. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Jordan
(Transmittal No. 13-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
3892. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Oman
(Transmittal No. 21-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
3893. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Israel (Transmittal No.
22-96), pursuant to 22 U.S.C. 2796a(a); to the Committee on
International Relations.
3894. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Navy's
proposed lease of defense articles to Israel (Transmittal No.
23-96), pursuant to 22 U.S.C. 2796a(a); to the Committee on
International Relations.
3895. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Army's
proposed lease of defense articles to the United Nations for
use in Rwanda (Transmittal No. 20-96), pursuant to 22 U.S.C.
2796a(a); to the Committee on International Relations.
3896. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification that the
Department of Defense has completed delivery of defense
articles, services, and training on the attached list to the
Dominican Republic, pursuant to 22 U.S.C. 2318(b)(2); to the
Committee on International Relations.
3897. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the transfer of defense articles or defense
services sold commercially to Belgium (Transmittal No. DTC-
34-96), pursuant to 22 U.S.C. 2776(c); to the Committee on
International Relations.
3898. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting text of agreements
in which the American Institute in Taiwan is a party between
January 1 and December 31, 1995, pursuant to 22 U.S.C.
3311(a); to the Committee on International Relations.
3899. A letter from the Chief Counsel, Office of Foreign
Assets Control, Department of the Treasury, transmitting the
Department's final rule--Blocked Persons, Specially
Designated Nationals, Specially Designated Terrorists,
Specially Designated Narcotics Traffickers, and Blocked
Vessels (Office of Foreign Assets Control) (31 CFR Chapter V)
received June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on International Relations.
3900. A letter from the NARA Regulatory Policy Official,
National Archives and Records Administration, transmitting
the Archive's final rule--Audiovisual Records Management
(RIN: 3095-AA18) received June 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
3901. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Atlantic Tuna Fisheries; Annual Quotas and Effort
Controls [Docket No. 960416112-6164-02; I.D. 030896D]
received June 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3902. A letter from the Deputy Assistant Administrator for
Ocean Services and Coastal Zone Management, National Oceanic
and Atmospheric Administration, transmitting the
Administration's final rule--Coastal Zone Management Program
Regulations [Docket No. 960126015-6165-02] (RIN: 0648-AI43)
received June 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3903. A letter from the Acting Assistant Administrator for
Fisheries, National Marine Fisheries Service, National
Oceanic and Atmospheric Administration, transmitting the
Service's final rule--Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic [Docket No. 960313071-6169-022;
I.D. 050996D] received June 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3904. A letter from the Administrator, Federal Aviation
Administration, transmitting the report on the effectiveness
of the Civil Aviation Security Program for the period January
through December 1994, pursuant to 49 U.S.C. app. 1356(a); to
the Committee on Transportation and Infrastructure.
3905. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
[Docket 96-NM-129-AD] (RIN: 2120-AA64) received June 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3906. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
[Docket No. 95-NM-159-AD] (RIN: 2120-AA64) received June 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3907. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Dornier Model 328-100 Series
Airplanes [Docket No. 95-NM-231-AD] (RIN: 2120-AA64) received
June 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3908. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 mark 0100 and 0070
Series Airplanes [Docket No. 95-NM-224-AD] (RIN: 2120-AA64)
received June 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3909. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to redesignate
the title of the National Cemetery System and the position of
the Director of the National Cemetery System; to the
Committee on Veterans' Affairs.
3910. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Statement of Procedural Rules (RIN: 1512-AB53)
received June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
3911. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Taxpaid Distilled Spirits Used in Manufacturing
Products Unfit for Beverage Use (RIN: 1512-AA20) received
June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3912. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Extension of the Paso Robles Viticultural Area
(93F-026T) (RIN: 1512-AA07) received June 25, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
[[Page 1430]]
3913. A letter from the General Counsel, Department of
Treasury, transmitting a draft of proposed legislation to
amend section 304 of the Tariff Act of 1930 concerning the
country of origin marking of certain imported articles and
containers of a NAFTA country, and for other purposes; to the
Committee on Ways and Means.
3914. A letter from the Assistant Secretary for Employment
and Training, Department of Labor, transmitting the
Department's final rule--Work Incentive (WIN) Programs for
AFDC Recipients; Removal of Obsolete Work Program Regulations
(RIN: 1205-AB12) received June 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3915. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Regulations Under Section 1502 of the Internal Revenue Code
of 1986; Limitations on Net Operating Loss Carryforwards and
Certain Built-in Losses and Credits Following an Ownership
Change of a Consolidated Group (RIN: 1545-AU36) received June
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
3916. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Consolidated Returns--Limitations on the use of certain
losses and deductions (RIN: 1545-AU35) received June 26,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
3917. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Modifications of Debt Instruments (RIN 1545-AR04) received
June 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3918. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Part
III Administrative, Procedural, and Miscellaneous (Revenue
Procedure 96-37) received June 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
3919. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Regulations Under Section 382 of the Internal Revenue Code of
1986; Application of Section 382 in Short Taxable Years and
With Respect to Controlled Groups (RIN 1545-AU37) received
June 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3920. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Extensions of Time to Make Elections (RIN: 1545-AU41)
received June 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
3921. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Part
IV--Items of General Interest--Processing of Returns Filed by
Exempt Organizations to be Centralized in the Ogden Service
Center (Announcement 96-63, 1996-29 I.R.B.) received June 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
3922. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's fiscal year [FY] 1997 budget request; jointly,
to the Committees on Commerce and Appropriations.
3923. A letter from the Secretary of Health and Human
Services, transmitting the Department's report on the
development of relative value units for the full range of
pediatric physicians' services, pursuant to Public Law 103-
432, section 124(b)(2) (108 Stat. 4413); jointly, to the
Committees on Ways and Means and Commerce.
3924. A letter from the Fiscal Assistant Secretary,
Department of the Treasury, transmitting the Department's
March 1996 ``Treasury Bulletin,'' pursuant to 26 U.S.C. 9602,
26 U.S.C. 9602(a), 26 U.S.C. 9505, 42 U.S.C. 10222(e)(1), 16
U.S.C. 1606a(c)(1), 31 U.S.C. 331(b), 42 U.S.C. 2297(g), and
section 9633(b)(1) of CERCLA; jointly, to the Committees on
Ways and Means, Transportation and Infrastructure, Economic
and Educational Opportunities, Commerce, Agriculture, and
Resources.
para.82.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill and a
concurrent resolution of the House of the following titles:
H.R. 2437. An Act to provide for the exchange of certain
lands in Gilpin County, Colorado.
H. Con. Res. 102. Concurrent resolution concerning the
emancipation of the Iranian Baha'i community.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 3517. An Act making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes.
H.R. 3525. An Act to amend title 18, United States Code, to
clarify the Federal jurisdiction over offenses relating to
damage to religious property.
The message also announced that the Senate insists upon its amendments
to the bill (H.R. 3517) ``An Act making appropriations for military
construction, family housing, and base realignment and closure for the
Department of Defense for the fiscal year ending September 30, 1997, and
for other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon and appoints Mr. Burns, Mr.
Stevens, Mr. Gregg, Mr. Campbell, Mr. Hatfield, Mr. Reid, Mr. Inouye,
Mr. Kohl, and Mr. Byrd, to be the conferees on the part of the Senate.
para.82.5 church arson prevention
On motion of Mr. HYDE, by unanimous consent, the bill (H.R. 3525) to
amend title 18, United States Code, to clarify the Federal jurisdiction
over offenses relating to damage to religious property; together with
the following amendment of the Senate thereto, was taken from the
Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Arson Prevention Act
of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The incidence of arson or other destruction or
vandalism of places of religious worship, and the incidence
of violent interference with an individual's lawful exercise
or attempted exercise of the right of religious freedom at a
place of religious worship pose a serious national problem.
(2) The incidence of arson of places of religious worship
has recently increased, especially in the context of places
of religious worship that serve predominantly African-
American congregations.
(3) Changes in Federal law are necessary to deal properly
with this problem.
(4) Although local jurisdictions have attempted to respond
to the challenges posed by such acts of destruction or damage
to religious property, the problem is sufficiently serious,
widespread, and interstate in scope to warrant Federal
intervention to assist State and local jurisdictions.
(5) Congress has authority, pursuant to the Commerce Clause
of the Constitution, to make acts of destruction or damage to
religious property a violation of Federal law.
(6) Congress has authority, pursuant to section 2 of the
13th amendment to the Constitution, to make actions of
private citizens motivated by race, color, or ethnicity that
interfere with the ability of citizens to hold or use
religious property without fear of attack, violations of
Federal criminal law.
SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS
WORSHIP.
Section 247 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (c) of this
section'' and inserting ``subsection (d)'';
(2) by redesignating subsections (c), (d), and (e), as
subsection (d), (e), and (f), respectively;
(3) by striking subsection (b) and inserting the following:
``(b) The circumstances referred to in subsection (a) are
that the offense is in or affects interstate or foreign
commerce.
``(c) Whoever intentionally defaces, damages, or destroys
any religious real property because of the race, color, or
ethnic characteristics of any individual associated with that
religious property, or attempts to do so, shall be punished
as provided in subsection (d).'';
(4) in subsection (d), as redesignated--
(A) in paragraph (2)--
(i) by inserting ``to any person, including any public
safety officer performing duties as a direct or proximate
result of conduct prohibited by this section,'' after
``bodily injury''; and
(ii) by striking ``ten years'' and inserting `'20 years'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) if bodily injury results to any person, including any
public safety officer performing duties as a direct or
proximate result of conduct prohibited by this section, and
the violation is by means of fire or an explosive, a fine
under this title or imprisonment for not more than 40 years,
or both;'';
(5) in subsection (f), as redesignated--
(A) by striking ``religious property'' and inserting
``religious real property'' both places it appears; and
(B) by inserting ``, including fixtures or religious
objects contained within a place of religious worship''
before the period; and
(6) by adding at the end the following new subsection:
``(g) No person shall be prosecuted, tried, or punished for
any noncapital offense under this section unless the
indictment is found or the information is instituted not
later than 7 years after the date on which the offense was
committed.''.
SEC. 4. LOAN GUARANTEE RECOVERY FUND.
(a) In General.--
(1) In general.--Using amounts described in paragraph (2),
the Secretary of Housing and Urban Development (referred to
as the ``Secretary'') shall make guaranteed loans to
financial institutions in connection with
[[Page 1431]]
loans made by such institutions to assist organizations
described in section 501(c)(3) of the Internal Revenue Code
of 1986 that have been damaged as a result of acts of arson
or terrorism in accordance with such procedures as the
Secretary shall establish by regulation.
(2) Use of credit subsidy.--Notwithstanding any other
provision of law, for the cost of loan guarantees under this
section, the Secretary may use not more than $5,000,000 of
the amounts made available for fiscal year 1996 for the
credit subsidy provided under the General Insurance Fund and
the Special Risk Insurance Fund.
(b) Treatment of Costs.--The costs of guaranteed loans
under this section, including the cost of modifying loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974.
(c) Limit on Loan Principal.--Funds made available under
this section shall be available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $10,000,000.
(d) Terms and Conditions.--The Secretary shall--
(1) establish such terms and conditions as the Secretary
considers to be appropriate to provide loan guarantees under
this section, consistent with section 503 of the Credit
Reform Act; and
(2) include in the terms and conditions a requirement that
the decision to provide a loan guarantee to a financial
institution and the amount of the guarantee does not in any
way depend on the purpose, function, or identity of the
organization to which the financial institution has made, or
intends to make, a loan.
SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION IN
LIST OF CRIMES ELIGIBLE FOR COMPENSATION.
Section 1403(d)(3) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(d)(3)) is amended by inserting ``crimes, whose
victims suffer death or personal injury, that are described
in section 247 of title 18, United States Code,'' after
``includes''.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST
STATE AND LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department
of the Treasury and the Department of Justice, including the
Community Relations Service, in fiscal years 1996 and 1997
such sums as are necessary to increase the number of
personnel, investigators, and technical support personnel to
investigate, prevent, and respond to potential violations of
sections 247 and 844 of title 18, United States Code.
SEC. 7. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.
The first section of the Hate Crimes Statistics Act (28
U.S.C. 534 note) is amended--
(1) in subsection (b), by striking ``for the calendar year
1990 and each of the succeeding 4 calendar years'' and
inserting ``for each calendar year''; and
(2) in subsection (c), by striking ``1994'' and inserting
``2002''.
SEC. 8. SENSE OF THE CONGRESS.
The Congress--
(1) commends those individuals and entities that have
responded with funds to assist in the rebuilding of places of
worship that have been victimized by arson; and
(2) encourages the private sector to continue these efforts
so that places of worship that are victimized by arson, and
their affected communities, can continue the rebuilding
process with maximum financial support from private
individuals, businesses, charitable organizations, and other
non-profit entities.
On motion of Mr. HYDE, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.82.6 district of columbia reorganization
On motion of Mr. DAVIS, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 3663) to amend the District of Columbia
Self-Government and Governmental Reorganization Act to permit the
Council of the District of Columbia to authorize the issuance of revenue
bonds with respect to water and sewer facilities, and for other
purposes.
When said bill was considered and read twice.
Mr. DAVIS submitted the following amendment in the nature of a
substitute which was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Water
and Sewer Authority Act of 1996''.
SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR WASTEWATER
TREATMENT ACTIVITIES.
(a) Authority to Issue Bonds.--
(1) In general.--The first sentence of section 490(a)(1) of
the District of Columbia Self-Government and Governmental
Reorganization Act (sec. 47-334(a)(1), D.C. Code) is
amended--
(A) by striking ``and industrial'' and inserting
``industrial''; and
(B) by striking the period at the end and inserting the
following: ``, and water and sewer facilities (as defined in
paragraph (5)).''.
(2) Water and sewer facilities defined.--Section 490(a) of
such Act (sec. 47-334(a), D.C. Code) is amended by adding at
the end the following new paragraph:
``(5) In paragraph (1), the term `water and sewer
facilities' means facilities for the obtaining, treatment,
storage, and distribution of water, the collection, storage,
treatment, and transportation of wastewater, storm drainage,
and the disposal of liquids and solids resulting from
treatment.''.
(b) Use of Revenues to Make Payments on Bonds.--The second
sentence of section 490(a)(3) of such Act (sec. 47-334(a)(3),
D.C. Code) is amended by inserting after ``property'' each
place it appears in subparagraphs (A) and (B) the following:
``(including water and sewer enterprise fund revenues,
assets, or other property in the case of bonds, notes, or
obligations issued with respect to water and sewer
facilities)''.
(c) Permitting Delegation of Authority To Issue Revenue
Bonds to Water and Sewer Authority.--
(1) In general.--Section 490 of such Act (sec. 47-334, D.C.
Code) is amended by adding at the end the following new
subsection:
``(h)(1) The Council may delegate to the District of
Columbia Water and Sewer Authority established pursuant to
the Water and Sewer Authority Establishment and Department of
Public Works Reorganization Act of 1996 the authority of the
Council under subsection (a) to issue revenue bonds, notes,
and other obligations to borrow money to finance or assist in
the financing or refinancing of undertakings in the area of
utilities facilities, pollution control facilities, and water
and sewer facilities (as defined in subsection (a)(5)). The
Authority may exercise authority delegated to it by the
Council as described in the first sentence of this paragraph
(whether such delegation is made before or after the date of
the enactment of this subsection) only in accordance with
this subsection.
``(2) Revenue bonds, notes, and other obligations issued by
the District of Columbia Water and Sewer Authority under a
delegation of authority described in paragraph (1) shall be
issued by resolution of the Authority, and any such
resolution shall not be considered to be an act of the
Council.
``(3) The fourth sentence of section 446 shall not apply
to--
``(A) any amount (including the amount of any accrued
interest or premium) obligated or expended from the proceeds
of the sale of any revenue bond, note, or other obligation
issued pursuant to this subsection;
``(B) any amount obligated or expended for the payment of
the principal of, interest on, or any premium for any revenue
bond, note, or other obligation issued pursuant to this
subsection;
``(C) any amount obligated or expended to secure any
revenue bond, note, or other obligation issued pursuant to
this subsection; or
``(D) any amount obligated or expended for repair,
maintenance, and capital improvements to facilities financed
pursuant to this subsection.''.
(2) Conforming amendment.--The fourth sentence of section
446 of such Act (sec. 47-304, D.C. Code) is amended by
striking ``(f) and (g)(3)'' and inserting ``(f), (g)(3), and
(h)(3)''.
SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.
(a) Exclusion of Revenues for Purposes of Cap on Aggregate
District Debt.--Paragraphs (1) and (3)(A) of section 603(b)
of the District of Columbia Self-Government and Governmental
Reorganization Act (sec. 47-313(b), D.C. Code) are each
amended by inserting after ``revenue bonds,'' the following:
``any revenues, charges, or fees dedicated for the purposes
of water and sewer facilities described in section 490(a)
(including fees or revenues directed to servicing or securing
revenue bonds issued for such purposes),''.
(b) Exclusion of Obligations Relating to Debt Servicing
Payments on Certain General Obligation Bonds.--
(1) In general.--Section 603(b)(2) of such Act (sec. 47-
313(b)(2), D.C. Code) is amended--
(A) by striking ``and obligations'' and inserting
``obligations''; and
(B) by inserting after ``establishment,'' the following:
``and obligations incurred pursuant to general obligation
bonds of the District of Columbia issued prior to October 1,
1996, for the financing of Department of Public Works, Water
and Sewer Utility Administration capital projects,''.
(2) Conforming amendment.--Section 603(b)(3)(B) of such Act
(sec. 47-313(b)(3)(B), D.C. Code) is amended by inserting
after ``bonds'' the following: ``(less the allocable portion
of principal and interest to be paid during the year on
general obligation bonds of the District of Columbia issued
prior to October 1, 1996, for the financing of Department of
Public Works, Water and Sewer Utility Administration capital
projects)''.
SEC. 4. TREATMENT OF BUDGET OF WATER AND SEWER AUTHORITY.
(a) Preparation of Independent Budget.--Subpart 1 of part D
of title IV of the District of Columbia Self-Government and
Governmental Reorganization Act is amended by inserting after
section 445 the following new section:
``water and sewer authority budget
``Sec. 445A. The District of Columbia Water and Sewer
Authority established pur
[[Page 1432]]
suant to the Water and Sewer Authority Establishment and
Department of Public Works Reorganization Act of 1996 shall
prepare and annually submit to the Mayor, for inclusion in
the annual budget, annual estimates of the expenditures and
appropriations necessary for the operation of the Authority
for the year. All such estimates shall be forwarded by the
Mayor to the Council for its action pursuant to sections 446
and 603(c), without revision but subject to his
recommendations. Notwithstanding any other provision of this
Act, the Council may comment or make recommendations
concerning such annual estimates, but shall have no authority
under this Act to revise such estimates.''.
(b) Exemption From Reductions of Budgets of Independent
Agencies.--Section 453(c) of such Act (sec. 47-304.1(c), D.C.
Code) is amended--
(1) by striking ``courts or the Council, or to'' and
inserting ``courts, the Council,''; and
(2) by striking the period at the end and inserting the
following: ``, or the District of Columbia Water and Sewer
Authority established pursuant to the Water and Sewer
Authority Establishment and Department of Public Works
Reorganization Act of 1996.''.
(c) Conforming Amendment.--Section 442(b) of such Act (sec.
47-301(b), D.C. Code) is amended--
(1) by striking ``and the Commission'' and inserting ``the
Commission''; and
(2) by striking the period at the end and inserting the
following: ``, and the District of Columbia Water and Sewer
Authority.''.
(d) Clerical Amendment.--The table of contents of subpart 1
of part D of title IV of the District of Columbia Self-
Government and Governmental Reorganization Act is amended by
inserting after the item relating to section 445 the
following new item:
``Sec. 445A. Water and Sewer Authority budget.''.
SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT EMPLOYEES OF
DEPARTMENT OF PUBLIC WORKS.
The first sentence of section 205(b)(2) of the Water and
Sewer Authority Establishment and Department of Public Works
Reorganization Act of 1996 (sec. 43-1675(b)(2), D.C. Code) is
amended by striking ``duties)'' and inserting ``duties, and
except as may otherwise be provided under the personnel
system developed pursuant to subsection (a)(4) or a
collective bargaining agreement entered into after the date
of the enactment of this Act)''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.82.7 mfn--china
Mr. ARCHER, pursuant to House Resolution 463, called up the joint
resolution (H.J. Res. 182) disapproving the extension of
nondiscriminatory treatment (most-favored-nation treatment) to the
products of the People's Republic of China.
When said joint resolution was considered and read twice.
After debate,
Ms. KAPTUR, pursuant to rule XXX, objected to the use of an exhibit
during debate.
The question being put, viva voce,
Will the House permit the gentlewoman from California [Ms. Pelosi] to
use said exhibit?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Ms. KAPTUR objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
419
Nays
0
When there appeared
<3-line {>
Answered present
1
para.82.8 [Roll No. 283]
YEAS--419
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
LaHood
NOT VOTING--13
Collins (IL)
Davis
Diaz-Balart
Flake
Gephardt
Hall (OH)
Lewis (GA)
Lincoln
McDade
Moran
Peterson (FL)
Stockman
Wilson
So, the gentlewoman from California [Ms. Pelosi] was permitted to use
the exhibit.
After further debate,
Pursuant to House Resolution 463, the previous question was considered
as ordered.
The joint resolution was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said joint resolution?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. CRANE demanded a recorded vote on passage of said joint
resolution, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
[[Page 1433]]
The vote was taken by electronic device.
It was decided in the
Yeas
141
<3-line {>
negative
Nays
286
para.82.9 [Roll No. 284]
AYES--141
Abercrombie
Baker (CA)
Barr
Barton
Boehlert
Bonior
Borski
Brown (OH)
Bunning
Burr
Burton
Cardin
Chenoweth
Clay
Clayton
Clyburn
Coble
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Costello
Cox
Coyne
Cummings
Cunningham
Deal
DeFazio
DeLauro
Dellums
Diaz-Balart
Doolittle
Dornan
Duncan
Durbin
Ehrlich
Engel
Ensign
Evans
Everett
Fields (LA)
Forbes
Fowler
Frank (MA)
Frisa
Funderburk
Gejdenson
Gephardt
Gillmor
Gilman
Goodling
Gordon
Greene (UT)
Gutierrez
Hastings (FL)
Hayes
Hefley
Hefner
Heineman
Hinchey
Hoke
Horn
Hoyer
Hunter
Hutchinson
Inglis
Jackson (IL)
Jones
Kaptur
Kennedy (MA)
Kennedy (RI)
King
Kingston
Klink
Klug
Lantos
Lewis (GA)
Lewis (KY)
Lipinski
Longley
Markey
McInnis
McKinney
Menendez
Miller (CA)
Mink
Molinari
Mollohan
Nadler
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Pombo
Porter
Rahall
Riggs
Rivers
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Royce
Sabo
Sanders
Scarborough
Schroeder
Seastrand
Sensenbrenner
Sisisky
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stokes
Stupak
Taylor (MS)
Taylor (NC)
Thompson
Torres
Torricelli
Traficant
Velazquez
Vento
Visclosky
Walker
Wamp
Waters
Waxman
Wolf
Woolsey
Wynn
Yates
NOES--286
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clement
Clinger
Coleman
Combest
Condit
Conyers
Cooley
Cramer
Crane
Crapo
Cremeans
Cubin
Danner
Davis
de la Garza
DeLay
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Dunn
Edwards
Ehlers
English
Eshoo
Ewing
Farr
Fattah
Fawell
Fazio
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Ford
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilchrest
Gonzalez
Goodlatte
Goss
Graham
Green (TX)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Holden
Hostettler
Houghton
Hyde
Istook
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kasich
Kelly
Kennelly
Kildee
Kim
Kleczka
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McIntosh
McKeon
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Moakley
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pomeroy
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Rangel
Reed
Regula
Richardson
Roberts
Roemer
Roth
Roukema
Roybal-Allard
Rush
Salmon
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Serrano
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Stenholm
Studds
Stump
Talent
Tanner
Tate
Tauzin
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Towns
Upton
Volkmer
Vucanovich
Walsh
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--6
Flake
Hall (OH)
Lincoln
McDade
Peterson (FL)
Stockman
The joint resolution was not passed.
para.82.10 u.s. concerns--china
Mr. COX, pursuant to House Resolution 463, called up the following
resolution (H. Res. 461):
Whereas the People's Republic of China has long enjoyed
most favored nation trading status with the United States
notwithstanding significant policy and security issues in our
bilateral relationship;
Whereas, despite the positive influence that United
States trade with the People's Republic of China has had in
encouraging the abandonment of state control over all aspects
of the economy by the Communist government, serious human
rights, trade, security, and weapons proliferation issues
have remained and often worsened during the period of this
trade policy;
Whereas this experience has made clear that of itself,
the extension of most favored nation trading status (and the
potential of its annual non-renewal) has been inadequate to
address the many policy and security issues that characterize
our bilateral relationship;
Whereas these policy and security issues include, with
regard to the economic activities of the People's Liberation
Army--
(1) according to the Defense Intelligence Agency, the
People's Liberation Army of Communist China is in fact
engaged, through controlled enterprises, in government-
controlled and subsidized trade overseas;
(2) the General Staff Department of the People's
Liberation Army owns and operates Polytechnologies, which is
the weapons trading arm of the People's Liberation Army.
Polytechnologies has a representative office in the United
States;
(3) the General Logistics Department of the People's
Liberation Army owns and operates a large international
conglomerate known as Xinxing Corporation, which has a
representative office in the United States;
(4) the People's Armed Police, which is partially
controlled by the People's Liberation Army, is responsible
for the occupation and suppression of dissent in Tibet and
the execution of prisoners throughout China, provides guards
for the forced labor camp system in Communist China, and owns
and operates China Jingan Equipment Import and Export, which
has a representative office in the United States;
(5) the export of products by these entities allows the
People's Liberation Army to earn hard currency directly,
which in turn can be and is used to modernize its forces
without being reflected in official reports of military
spending;
(6) consumers in the United States are ordinarily unaware
that revenues from the products they are purchasing from or
through such entities contribute to the financial benefit of
the People's Liberation Army;
(7) trade with the People's Liberation Army effectively
is a subsidy of military operations of the People's Republic
of China that is inconsistent with our national security; and
(8) free trade in world markets is based on the
assumption that the import and export of goods and services
are conducted by independent enterprises responding to profit
incentives and market forces, and commercial activities by
the People's Liberation Army are fundamentally inconsistent
with these precepts;
Whereas, with regard to Communist Chinese military
activity and weapons proliferation--
(1) it has been reported that United States intelligence
has estimated that Communist Chinese military industries have
become a leading supplier of illicit precursor chemicals for
use in Iran's chemical weapons program;
(2) in contravention of Communist China's commitment to
the Treaty on Non-Proliferation of Nuclear Weapons (NPT), the
China National Nuclear Corporation, a Communist Chinese
military industry, sold materials critical to the production
of enriched uranium to a non-NPT signatory, Pakistan;
(3) China National Precision Instrument Import-Export
Company, a Communist Chinese military industry, sold nuclear-
capable missiles to Pakistan;
(4) China Great Wall Industry Corporation, a Communist
Chinese military industry, sold nuclear-capable missiles to
Pakistan;
(5) Poly Group, a People's Liberation Army owned company,
sold $1,200,000,000 worth of arms to the military rulers of
Myanmar (Burma);
(6) In contravention of the United Nations embargo, China
North Industries Corporation (Norinco), a Communist Chinese
military industry, sold chemicals critical to the manufacture
of nuclear weapons to Iraq;
(7) Poly Group and Norinco, Communist Chinese military
industries, attempted to sell 2,000 AK 47 rifles, 20,000 AK
47 bipods, 4,000 30 round ammunition magazines, and 2
machinegun silencers, and offered for sale 300,000 silenced
machineguns and ``Red Parakeet'' missiles (stingers), RPGs
(rocket propelled grenades), 60mm mortars, and handgrenades
to United States law enforcement
[[Page 1434]]
authorities conducting a so-called ``sting'' operation;
(8) according to the May 21, 1996, United States Customs
Service affidavit against the Communist Chinese
representatives of Norinco and Poly Group, at paragraph 96,
one of the Communist Chinese representatives bragged that a
``Red Parakeet'' missile--which he was offering for sale in
the United States--``could take out a 747'';
(9) these and other enterprises owned by the People's
Liberation Army and the Communist Chinese military industries
regularly export a variety of products to the United States,
including clothing, toys, shoes, hand tools, fish, minerals,
and chemicals;
(10) the People's Liberation Army implemented an
unprovoked, dangerous, and aggressive campaign to intimidate
Taiwan in July of 1995, and again before Taiwan's first
direct presidential election in March of 1996, with military
maneuvers, live-fire exercises, and missile tests in close
proximity to that island democracy; and
(11) the People's Liberation Army seized territory
claimed by the Philippines and threatened the United States
Navy's right of free passage in the South China Sea;
Whereas, with respect to human rights--
(1) according to the United States Department of State's
Country Reports on Human Rights for 1995, the Government of
Communist China ``continued to commit widespread and well-
documented human rights abuses, in violation of
internationally accepted norms, stemming both from the
authorities' intolerance of dissent and the inadequacy of
legal safeguards for basic freedoms. Abuses included
arbitrary and lengthy incommunicado detention, forced
confessions, torture, and mistreatment of prisoners. . . .
The Government continued severe restrictions on freedom of
speech, the press, assembly, association, religion, privacy,
movement, and worker rights'';
(2) in April 1996, the Communist Chinese Government
launched a major anticrime campaign called ``Strike Hard''
carried out nationwide by the Public Security Bureau (PSB),
and in Tibet and Xinjiang (East Turkestan) also by the
People's Armed Police, which has included large scale
arbitrary arrests, detentions with minimal legal protection,
and swift executions;
(3) the current anticrime campaign has targeted
political, religious and labor activists in addition to
common criminals in Tibet, Xinjiang, and in the whole of
Communist China;
(4) the Communist Government has ordered a crackdown on
unofficial religious believers by the Religious Affairs
Bureau and the Public Security Ministry, requiring all local
congregations to register with the Religious Affairs Bureau
or risk the legal dismantling of the congregation and
official harassment, fines and arrest;
(5) according to Asia Watch, the Communist Chinese
authorities in Tibet have launched a repressive campaign
against religious practice and the Public Security Bureau and
PLA have been involved in violent suppression of dissent in
Tibet and Xinjiang, resulting in the death or imprisonment of
over one thousand Tibetans and Uighurs this year;
(6) the Ministry of Public Security has imposed new
regulations to strengthen controls over Internet use, the
State Council must approve ``interactive'' networks, and the
official Communist Chinese news agency (Xinhua) has been put
in charge of supervising all foreign wire services selling
economic information to Communist China, censoring their
reports for ``false economic news and attacks on Communist
China'';
(7) Wei Jingsheng, the leading Chinese pro-democracy
activist, was sentenced on December 13, 1995, to a second 14-
year prison term, after a sham trial in which he was denied
access to counsel of his choice and given access to the
actual charges against less than two days before trial;
(8) on November 21, 1995, the Government of the People's
Republic of China announced the arrest of Wei Jingsheng and
its intention to try him for ``attempt[ing] to overthrow the
government'';
(9) the government had previously imprisoned Wei from
1979 until 1993 on a charge of ``spreading
counterrevolutionary propaganda'' for his peaceful
participation in the Democracy Wall movement;
(10) during his long imprisonment Wei was subjected to
torture and other ill treatment which left him in extremely
poor health;
(11) far from advocating an ``overthrow'' of the
Government of China, Wei has been a strong advocate of
nonviolence and a peaceful transition to democracy; and
(12) Wei was regarded as a leading contender for the 1995
Nobel Peace Prize, having been nominated by parliamentarians
throughout the world, including 58 members of the United
States Congress;
Whereas, with respect to Communist Chinese trade and
economic policy--
(1) the United States Trade Representative's 1996
National Trade Estimate Report on Foreign Trade Barriers
notes that ``China continued to use standards and
certification practices which the United States and other
trading partners regard as barriers to trade'';
(2) the report indicates that ``Despite its commitment
under the 1992 market access Memorandum of Understanding to
publish all laws and regulations affecting imports, some
regulations and a large number of directives have
traditionally been unpublished, and there is no published,
publicly available national procurement code in China'';
(3) the report finds that ``China's market for services
remains severely restricted'';
(4) these practices limiting American access to Communist
China's market have contributed to an increase in the United
States trade deficit with China from $10 million in 1985 to
$33,807,000,000 in 1995, according to the United States
Department of Commerce;
(5) these unfair trade practices and tariff and non-
tariff barriers result in lost opportunities for American
companies and lost jobs for American workers, and harm the
United States economy;
(6) the failure of Communist China to stop the piracy of
intellectual property, including music, videos, books, and
software required by the January 16, 1992, agreement on
intellectual property rights, is evidenced by the necessity
of further agreements (signed on March 11, 1995 and June 17,
1996), and the threat of over $2,000,000,000 in sanctions as
a means of achieving as yet hoped-for compliance with the
agreements;
(7) according to the United States Trade Representative's
1996 National Trade Estimate Report on Foreign Trade
Barriers, investment restrictions by Communist China are
``abundant'';
(8) under so-called ``export performance requirements,''
Communist Chinese authorities frequently force foreign
manufacturers operating in Communist China to export 50 to 70
percent (and sometimes more) of their goods to other markets,
as a condition of approving the investment;
(9) two-thirds of Communist China's exports are, in fact,
manufactured by foreign firms operating in Communist China;
(10) the export performance requirements imposed on
foreign investment by the Communist Chinese government serve
to undercut domestic producers employing millions of
Americans;
(11) Communist China has failed to liberalize its foreign
exchange market, and to make the Yuan fully convertible;
(12) Communist China maintains two exchange rates for the
Yuan, an official rate for Chinese citizens and a swap rate
for foreigners, and regularly manipulates the exchange rate
to the advantage of domestic exporting industries;
(13) even with the establishment of currency swap
markets, this gap between the official and swap rates serves
as (a) a subsidy for Communist China's exporters to the
United States, totaling nearly $15,000,000,000 in 1993, and
(b) a nontariff barrier to United States exports,
artificially raising the price of exports in Communist
China's market;
(14) Communist China received over $4,000,000,000 in
multilateral loans from the World Bank and the Asian
Development Bank;
(15) the United States is the largest shareholder in
these banks, and thus can exercise considerable leverage over
loans to Communist China; and
(16) Communist China has continued to insist that Taiwan
not be admitted to the WTO unless it is admitted
simultaneously, notwithstanding the differences in the status
of their compliance with the criteria for WTO membership;
Whereas given the number and gravity of these issues, the
debate over Communist China's most-favored-nation trade
status cannot bear the weight of the entire bilateral
relationship between the United States and the People's
Republic of China; and
Whereas these issues should be promptly addressed by
appropriate legislation: Now, therefore, be it
Resolved, The Committee on International Relations, the
Committee on National Security, the Committee on Ways and
Means, and the Committee on Banking and Financial Services
will each hold hearings on the matters described in the
preamble to this resolution insofar as those matters fall
within their respective jurisdictions and, if appropriate,
report legislation addressing these matters to the House of
Representatives not later than September 30, 1996.
When said resolution was considered.
After debate,
Pursuant to House Resolution 463, the previous question was considered
as ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HOBSON, announced that the yeas had it.
Mr. COX objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
411
Nays
7
When there appeared
<3-line {>
Answered present
3
para.82.11 [Roll No. 285]
YEAS--411
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
[[Page 1435]]
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--7
DeFazio
Johnson (CT)
McDermott
Murtha
Pickett
Stark
Velazquez
ANSWERED ``PRESENT''--3
Frank (MA)
Scarborough
Slaughter
NOT VOTING--12
Brewster
Chapman
Flake
Gibbons
Graham
Hall (OH)
Lincoln
McDade
Peterson (FL)
Stockman
Torricelli
Weldon (PA)
So, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.82.12 providing for the consideration of a concurrent resolution
providing for the adjournment of the two houses
Mr. DIAZ-BALART, by direction of the Committee on Rules, called up the
following resolution (H. Res. 465):
Resolved, That upon the adoption of this resolution it
shall be in order, any rule of the House to the contrary
notwithstanding, to consider in the House a concurrent
resolution providing for adjournment of the House and Senate
for the Independence Day district work period.
When said resolution was considered.
After debate,
para.82.13 words taken down
Mr. OBEY during debate addressed the House and, during the course of
his remarks,
Mr. HAYWORTH demanded that certain words be taken down.
The Clerk read the words taken down as follows:
And to the gentleman from Arizona, every time somebody says
something you don't like, you open your mouth and you start
shouting from your seat. You are one of the most impolite
Members I have ever seen in my service in this House.
The SPEAKER pro tempore, Mr. LaHOOD, held the words taken down to be
unparliamentary, and said:
``In the opinion of the Chair, the last sentence of the gentleman from
Wisconsin constitutes a personality in violation of clause 1 of rule
XIV.''.
By unanimous consent, the words ruled unparliamentary were stricken
from the Congressional Record.
By unanimous consent, Mr. OBEY was permitted to proceed in order.
The SPEAKER pro tempore, Mr. LaHOOD, responding to a parliamentary
inquiry of the gentleman from Connecticut [Mr. Gejdenson] as to the
proper course when a speaking Member is disrupted, said:
``The Chair will take the initiative to maintain order in the Chamber
when Members are speaking. The Chair would enlist the assistance of all
Members in maintaining the spirit of mutual courtesy and comity that
properly dignifies the proceedings of the House. Members who are under
recognition should not be disrupted by other Members.''.
After further debate,
On motion of Mr. DIAZ-BALART, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
248
When there appeared
<3-line {>
Nays
166
para.82.14 [Roll No. 286]
YEAS--248
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Ehlers
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
[[Page 1436]]
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--166
Abercrombie
Andrews
Baldacci
Barcia
Becerra
Bentsen
Bishop
Blumenauer
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Green (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Ackerman
Brewster
Davis
Ehrlich
Flake
Gibbons
Greenwood
Hall (OH)
Jacobs
Lincoln
McDade
Oxley
Peterson (FL)
Smith (TX)
Stockman
Torricelli
Towns
Weldon (PA)
Whitfield
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.82.15 providing for the adjournment of the two houses
Mr. DIAZ-BALART, pursuant to House Resolution 465, submitted for
consideration the following concurrent resolution (H. Con. Res. 192):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
days of Thursday, June 27, 1996, or Friday, June 28, 1996,
pursuant to a motion made by the Majority Leader or his
designee, it stand adjourned until noon on Monday, July 8,
1996, or until noon on the second day after Members are
notified to reassemble pursuant to section 2 of this
concurrent resolution, whichever occurs first; and that when
the Senate recesses or adjourns at the close of business on
Thursday, June 27, 1996, Friday, June 28, 1996, Saturday,
June 29, 1996, or Sunday, June 30, 1996, pursuant to a motion
made by the Majority Leader or his designee in accordance
with this resolution, it stand recessed or adjourned until
noon on Monday, July 8, 1996, or until such time of that day
as may be specified by the Majority Leader or his designee in
the motion to recess or adjourn, or until noon on the second
day after Members are notified to reassemble pursuant to
section 2 of this concurrent resolution, whichever occurs
first.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by uanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.82.16 privileges of the house
Mr. JOHNSTON of Florida, rose to a question of the privileges of the
House and submitted the following resolution (H. Res. 468):
Whereas the Constitution of the United States places upon
the House of Representatives the responsibility to regulate
the conduct of its own Members;
Whereas the House has delegated that responsibility, in
part, to the Committee on Standards of Official Conduct,
which is charged with investigating alleged violations of any
law, rule, regulation or other standard of conduct by a
Member of the House;
Whereas the Committee on Standards of Official Conduct has
failed to discharge that duty with regard to serious
allegations of wrongdoing by the Speaker of the House;
Whereas, although an outside counsel has been appointed to
investigate the Speaker, the Committee has failed to allow
that outside counsel to investigate serious charges
concerning the Speaker's political action committee, GOPAC,
and its relationship to several tax-exempt organizations;
Whereas a formal complaint concerning these charges has
been languishing before the Committee for more than six
months;
Whereas new evidence of violations of federal tax law--in
addition to the information contained in the formal
complaint--has also been recently reported by investigative
journalists around the country;
Whereas the failure to take action on these matters has
raised serious questions about the impartiality of the
Committee on Standards of Official Conduct: Therefore, be it
Resolved, That the Committee on Standards of Official
Conduct is hereby instructed to immediately transmit the
remaining charges against Speaker Gingrich to the outside
counsel for his investigation and recommendations.
The SPEAKER pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. JOHNSTON of Florida, demanded a recorded vote on agreeing to the
motion to table the resolution, which demand was supported by one-fifth
of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
229
<3-line {>
affirmative
Nays
170
para.82.17 [Roll No. 287]
AYES--229
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
[[Page 1437]]
Nussle
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--170
Abercrombie
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
ANSWERED ``PRESENT''--9
Cardin
Gephardt
Goss
Hobson
Johnson (CT)
McDermott
Pelosi
Sawyer
Wilson
NOT VOTING--25
Ackerman
Brewster
Bryant (TX)
Clay
Ehrlich
Flake
Gibbons
Gutierrez
Hall (OH)
Jacobs
LaFalce
Lincoln
McDade
Oxley
Peterson (FL)
Portman
Smith (TX)
Stockman
Taylor (NC)
Thornton
Torricelli
Towns
Velazquez
Weldon (PA)
Yates
So the motion to lay the resolution on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.82.18 point of personal privilege
Mr. DORNAN rose to a question of personal privilege.
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 1 of rule IX,
recognized Mr. DORNAN for one hour.
Mr. DORNAN made the following statement:
``Mr. Speaker, I will be showing no charts or pictures of the
principal focus of my discussion tonight, because of a discussion I have
had with staff and leadership and references to a prior battle over
photographs that we were funding by a young Catholic man named Robert
Mapplethorpe who had died of AIDS and we were using tax dollars to
defend some of the cruder photographs of this very, very gifted
photographer. But we were told that it would hurt the decorum of the
House to show what taxpayers are being asked to pay for. I accept that.
But I have them here to remind American citizens watching on C-SPAN, Mr.
Speaker, that there is a level of hypocrisy in this country and a moral
decline that we may be the last Chamber in the world to have a decorum
while all else melts around us.
``The man, and my friend Newt Gingrich knows this, who I would have
supported for minority whip back in 1989, and if he had won, he would be
the Speaker today, and the gentleman from Georgia, [Mr. Gingrich] knows
this, is the man I most respect in this House, Henry Hyde of Illinois.
``Henry just gave me some brotherly advice, that, Mr. Hyde, I would
dearly love to take. He said, `My friend, Bob, I love you like a
brother. Go in the well and say that one of our own colleagues called
you a hater, a bigot and a liar. Simply say, I am not a hater, I am not
a bigot and I am not a liar, and I forgive anybody who used those words
against me, and take a walk.' He says, `You will be a hero. Everybody
likes to be a hero.'
``So I showed him my remarks, I mentioned Moses, I mentioned that in
God we trust, I mentioned Abraham, I mentioned a few lines from the end
of Cecil B. DeMille's classic 10 Commandments `and they did give
themselves up to vile affections,' and I showed him what I had slaved
over. I told him I begin it with the words that my school teachers told
me years ago:
`If you want to have everything going for you, just say, Come, Holy
Spirit.'
``I showed Henry a letter. I said, `How about if I open with this
letter and then take your advice?'
`That's good, do that.'
``Well, I will open up with the letter, and, so help me God, Mr. Hyde,
I will then make up my mind.
``Here is a letter from this month, June 7, about a speech I made on
AIDS on D-day, the night before. It was about my 200th speech. The
gentleman from Wisconsin [Mr. Gunderson] has made about seven, eight
speeches in 16 years. I am about to break 200 tonight, I think, warning
about the spread of the world's greatest health problem, at least in
this country, particularly because it involves young men in the prime of
their lives.
``This is from a young man dying of AIDS. His name is John R. Gail,
Jr. He is from Centerville, OH. It says:
`Mr. Dornan, I caught your speech on AIDS yesterday over C-
SPAN. I must commend you. I am a 29-year-old hemophiliac who
was infected with HIV in 1983. Last September I was diagnosed
with my first opportunistic infection cryptosporidia, an
intestinal virus which causes severe stomach cramping,
chronic diarrhea, and the wasting syndrome.
`I have already lost nearly 40 pounds and I am on long-term
disability from work. Obviously this infection, after 13
years of being asymptomatic, has made me another AIDS
statistic.
`Mr. Dornan, above being a hemophiliac or having AIDS, I am
a Christian. And I must tell you, it is refreshing to hear
the truth being told about homosexuality and the homosexual
agenda, as you did last night. Not many representatives would
stand up and say the things you did yesterday, which I
applaud.
`I am not a bitter person and have forgiven the man who
infected me. I can forgive a homosexual, but not their sin.
It was a homosexual's perverse actions, polluting the blood
supply, which will, without God's intervention, bring about
my untimely death.
`I am asking you, Congressman, to inquire about the status
of the Richard Ray Relief Fund which could compensate the
hemophiliac HIV-positive community for the wrongdoings of the
pharmaceutical companies, the Red Cross, the CDC, the FDA and
the National Hemophilia Foundation. The fraud and negligence
perpetrated by these organizations was, and I am sure you are
well aware, documented by the IOM in July of 1995. The bill
has over 230 cosponsors, I think it is up to 240 now, but it
seems to be stalled by the hand of a Republican. Please help
us move H.R. 1023. I hope you are on it.
`I have been on it for months.
`I appreciate your attention to this great matter of
importance to me and thousands of innocent hemophiliacs
infected with the HIV virus. God bless you. John R. Gail,
Jr.'.
``Now, look, a lot of you folks tease me about my memory. I hate war,
but I am fascinated by people that will put their lives on the line and
die for our freedom of speech. I know that being a combat-trained
fighter pilot, never tested in combat, that I have an extra, extra
respect and affection for those like Duke and Sam, Pete Peterson, who
were called upon, just by the year of their birth, to put their lives
and their freedom for 6 and 7 years, in two
[[Page 1438]]
of those cases, on the line for my freedom of speech.
``Because of my affection for the military and the fact that my father
won three Purple Hearts, they were called wound chevrons then in World
War I, two for poison gas, I have memorized some statistics, and it has
absolutely torn me up over AIDS. Listen to my words, please. If somebody
is watching on TV, Mr. Speaker, I hope they take this down.
``World War II, biggest killing in all of history; 292,131 combat
killed-in-action deaths. Two hundred ninety-two thousand, one hundred
thirty-one. AIDS, as of the 30th of this month, 360,000 dead and
counting, including 4,000 children.
``How about our war between the States, the Civil War? Combat deaths,
not the 30,000 or more that died of pneumonia, Andersonville prison
camp. Civil War combat deaths, 215,000 is the round figure, but to be
precise, 214,938. AIDS, 360,000 dead and counting, 4,000 children; 4
million children worldwide in just 3 years.
``How about all the other seven wars put together? Revolutionary War,
War of 1812 with Mexico, with Spain, skipping over the Civil War, my
dad's war, Vietnam that still torments us, and Korea, how about that
total of all the other seven wars? It's 146,346; 143,346. AIDS, 360,000
and counting.
``My motives are pure. I want to stop this death toll. In those 200
speeches, maybe I was not caring or Christian enough to tell you that we
have got to work on this and get more money for care, of course. In
Africa and Asia, millions of people are going to die alone, nobody
holding their hand, no rabbi, minister or priest at their side, no
loving parents ashamed of not embracing them instantly when they were
first infected.
``How many of you knew honestly till this moment, till I tell you now
that by the turn of the century, and what a ghastly way to go into the
third millennia, 60 million people will be infected, 12 million with
AIDS, and millions dead including those 4 million children I mentioned.
``Mr. Hyde, I have got to go on, Henry. I dedicate this speech to John
Gail.
``Mr. Speaker, I rise to claim my privilege under House rule 9 to
address the House and reply to some, it says scurrilous but I will
soften it, pretty tough attacks on my honor. We just spent 40 minutes
tonight talking about the word `impolite,' my friend David, my friend
J.D. back and fourth. Forty minutes on `impolite.' `Impolite' is not up
there with hater, bigot and prejudiced person, smear artist. No, no,
this is different.
``Mr. Gunderson's attacks on me from this very lectern May 14 have
worked their way throughout the national media. He compounded his
insults by telling a stringer for the Washington Post, according to her
puff piece printed on June 2, that I am `full of prejudice and hatred.'
That is so far over the line, Mr. Speaker, it would necessitate usually
a 40-cannon broadside. I will try to be a little more gentle than that.
``It is worth noting that in 16 years of service together, Mr.
Gunderson and I have never exchanged a cross word off this floor. We
have never been impolite, discourteous, or uncivil toward each other,
not once. Mr. Gunderson will confirm this, just ask him. In fact, ask
anyone around here, and if they are honest, these are the adjectives of
my staff and my wife and kids. Ask anyone. If they are honest, they will
tell you I am one of the most cheerful, optimistic, enthusiastic,
upbeat, irrepressible, good natured, and affable Members with whom they
serve, discounting this area right here. And loyal.
``Yes, for certain I am passionate at times and, yes, unrelenting in
my deep concern about the deterioration of our culture, and that concern
is sometimes dismissed in a negative way by a few adversaries and quite
often in the liberal press. They sometimes have a problem with objective
truth and motivations about a lot of us around here.
``As I pointed out occasionally to supportive friends who have asked
me about the passion, I have told them it is only unusual, even in this
historic Chamber that has weathered a civil war and civil rights
battles, only unusual here, because today so many Members of Congress,
like so many American citizens, lack passion about anything, in spite of
that violent world out there.
``The Khobar housing area comes to mind. And because there are so many
here, while aspiring to be nobles, I know we have all seen ``Brave
Heart,'' while aspiring to be nobles have no heart, let alone a brave
one, and turn a deaf ear to William Butler Yates' warning that
everywhere the ceremony of innocence is being drowned. First, a tiny
prolog.
``The trigger for Mr. Gunderson's point of privilege against me was a
`Dear Colleague' letter. I did not want to discuss this stuff on the
floor. I did not want to read the Moreno report on the floor. I
circulated a factual report on a so-called homosexual circuit party of
more than 2,000 bumping and grinding partiers misusing the largest
Federal auditorium in our capital.
``On Thomas Jefferson's birthday, April 13, to celebrate licentious
and lewd behavior at a mockingly called event, Cherry Jubilee. The ads
would show you it has nothing to do with our blossoms, cherry blossoms.
``Mr. Speaker, after a fair evaluation of all the facts, I can
unequivocally state, I have been down to the Mellon twice, the
auditorium, that the report issued by journalist Mark Moreno, who was
not alone, had another journalist with him, that it was true and
accurate. Let me repeat that, contrary to Mr. Gunderson's second-hand
defense of the 9 hours which he said he did not attend at the majestic
Andrew W. Mellon Auditorium, the eyewitness, multicorroborated by even
some homosexual journalists in the Washington Times the day after Mr.
Gunderson's point of personal privilege. They were waiting with their
evidence for somebody to trigger it. They thought I would do it with a
special order. Mr. Gunderson did it.
``So Mr. Speaker, I now step out into the minefields of political
correctness, evil minefields, I believe, alone, but I hope and pray
alone not for long. Come, Holy Spirit.
``On May 2 last month, here in our awe-inspiring Rotunda, which is our
secular cathedral nave, this 104th Congress, at a very, very moving
ceremony, awarded our congressional gold medal to the Reverend Billy
Graham and his wonderful, devoted wife of 53 years, Ruth. During that
inspiring ceremony, while thanking us and addressing Vice President Al
Gore and his beautiful wife Tipper and all of our leadership, Mr.
Gingrich, Bob Dole, our former Senate leader, and his wife Elizabeth,
and Messrs. Armey, Gephardt, Delay, Bonior briefly, Senators Lott,
Daschle, all the Senate leaders and dozens of Members of both Houses. I
see some of the faces here that were there.
``Reverend Billy Graham stated with great emotion, great emotion, `We
are a Nation on the brink of self-destruction.' He was not talking about
most-favored-nation status for China. He was not talking about another
B-2 bomber, and he was not talking about a 4.3-cent gasoline tax. He was
not even really talking about the budget deficit, the debt, which is
immoral to do this to our children yet unborn. We know what he was
talking about, partly the subject matter that brought me to the floor
tonight, I repeat, Dr. Graham, `America is a Nation on the brink of
self-destruction.'
``A national poll last month stated that 76 percent of our fellow
Americans believe that our country is in spiritual and moral decline.
This Member agrees; I am one of the 76 percent. I love my country. Who
here does not? Who here could not? And I am sick at heart at its lack of
direction in moral matters, in State and civic affairs involving
character. No references tonight to any other parts of this town.
``I beg my colleagues to read carefully this cover article in the June
17 edition of the Weekly Standard. It is titled, `Pedophilia Chic: The
Norming of Foul Perversion, Child Molestation.' It seems that no longer
is there any conduct considered a flat-out evil. In our Hollywood-type
popular culture, there are hardly any taboos that remain. The words
`objective disorder' fall on deaf ears at the networks and at the New
York Times.
``It was just 12 days after Reverend Graham's warning that Mr.
Gunderson rose on the House floor. In a `Dear Colleague' and at this
lectern, he repeatedly called me a liar, of course using other words,
impugned my character with the direct use of words like `smear,' `lies,'
`biased conduct' and `an
[[Page 1439]]
international effort to personally destroy.'
``Here is one quote: `The gentleman from California has no right to
misrepresent the facts in this, his latest attempt to smear the
homosexual community.'
``Of course he used the adjective `gay' as a noun, in place of the
perfectly neutral nonpropaganda noun `homosexual.' Seven times he said
`misrepresent the facts'. Mr. Gunderson's words or variations thereof
were in the Washington Times, the Post, Congress Daily, Associated
Press; moved to slander from sea to shining sea. In my home county, a
young reporter embellished on the slander and put words in his mouth.
Said he called my effort a character assassination. Then the reporter
went on repeat the obnoxious charge that I was out to `smear the
homosexual community'.
``Mr. Speaker, I think it is kind of low-life, this tact. I know Mr.
Gunderson was prodded to do it. He said in his opening that he was going
to let sleeping dogs lie, or words to that effect, and I think I am
entitled, the `impolite' cost us 40 minutes tonight, then I think I am
entitled to make my case for my motivation.
``So let the facts speak for themselves. He says that I and others
unfairly used stereotypes when analyzing conduct. Well, just what would
be considered typical versus stereotypical conduct? Being fired from a
Federal job for a tryst with a secretary. Excuse me, with the chief of
staff. How about a 1991 public report of drink-throwing at an inside-
the-Beltway bar that was about to be closed and was closed for
pornographic pictures on its wall? How about another more recent drink-
throwing rerun at a sodom and masochism bar December 16, last December,
6 months ago. Again, the altercation created sleazy newspaper stories
involving a Congressman. Is that considered classy conduct? Does it
diminish the integrity of our House as a whole? You bet it does. What
would happen to an officer of the military involved in similar
squabbles? Is this stereotypical behavior or just typical?
``Mr. Speaker, no one believes that any Member of Congress is risking
his or her life by serving in this Senate or House. Out in the field,
yes, sir. Leo Ryan comes to mind, Larry McDonnell. No, we do risk our
lives. I flew on the aircraft that killed Ron Brown and 34 other people,
with Sonny Callahan and two or three Members I see here tonight, four
flights less than a month before that killing took place, that terrible
accident. But there are people who serve under us that we make adhere to
a tougher standard that do risk their lives. A slim majority of Members
of Congress, eight people, swing four either way, sent thousands of
troopers of our 1st Armored Division by Clinton into harm's way in
Bosnia. And yet Congress is going to ignore this cherry romp of hedonism
right down here on Constitution Avenue?
``Our toleration of low standards here in Congress over the years that
I have observed is at the core of my challenge today, Mr. Speaker. Our
Federal buildings, and I have been told today they are going to do it
again next April for the third time, our Federal buildings must never,
never be used to facilitate, if not glorify, immorality.
``We in Congress are culpable for any immorality taking place on
public citizen-owned property in Washington. And if we fail as
custodians of these beautiful citizen-owned buildings, you bet,
culpable. And what dangerous policy are we following if we dismiss the
consequences of glorifying homosexuality right here in our Capitol?
``My colleagues need only reflect on the lives of those Members of
Congress, past and present, who found or still find alluring, if not
addictive, this lifestyle. I say this with no joy. Three of our Members
have died from AIDS, another barely escaped expulsion.
``I will leave the rest for the written record because it involved a
child, a 16-year-old teenage page, in Spain. I never heard of a page
going on a domestic CODEL. How do you get to go on an overseas
congressional delegation and lose your innocence? Another Member was
dishonored with a very severe House reprimand; involved a pimp/
prostitute. A lot of pity from people from a West Point sense of honor.
Leave the rest for the record.
``Then we saw two other Members have their careers ended by election
defeats after they were discovered trolling for teenagers at so-called
hot action bars. One of them, a friend of mine, was the father of three
teenagers. The other, first Republican in 100 years in his seat, looked
like a brother of mine, redhead, busted by our Capitol Hill police in
one of the men's rooms in the Longworth Building. Sad. At a porno
theater, where people were diving out of windows, some died, and
eventually died himself of AIDS.
``Now, there is another word, Mr. Speaker, that I learned in preparing
for tonight. It is a Greek word. Ephebephilia. E-p-h-e-b-e-p-h-i-l-i-a.
It means someone who targets 18- and 19-years-olds. I guess in some of
our Appalachian Mountain States, where the age of consent is 15 or 16,
you target that narrow band, kind of the way Hugh Hefner does with
heterosexual baby faced young girls for his centerfolds who look younger
than their 18 that they have to be legally. He has been caught twice
using a minor.
``Now ephebephilia, like pedophilia, is a mortal sin of seduction, a
transgression in Greece against 18 and 19-years-olds. Why do you not
study the decay of classical Greek culture, my colleagues? Whether it is
ephebephilia or pedophilia, in God's eyes it is all the same.
``There are a lot of Members who stay in privacy. I respect that. It
is just when they are using it to advance an agenda, trying to have it
all ways, kind of like truth in advertising that I got upset once on
this floor. I am going to leave the rest for the record.
``I have a Member on our side, could be a chairman of a major House
committee next year. Given today's tragic loss, one of my best friends
in the cloakroom, who, by the way, told me to do this. Bill Emerson told
me to do this. I swear to God he told me to do this. This list does not
include Members who keep privacy. Credit to their good judgment. One of
our Members claims they are all Republicans. Quite a bloodhound, I
guess. Tends to occasionally to take away their privacy; uses the word
`out.' And I hope he never does it. I thought there was one code that
was unbroken in the homosexual community, and that is everybody gets to
make their own call in privacy.
``My colleagues, homosexuality is not this adjective `gay.' At least
in this Chamber, where people's careers have brought them to this
pinnacle, it has been very sad, not happy. I would like to know how I, a
God fearing American, a very lucky husband of 41 years, a father of 5
stalwart God loving children, adults all, a grandfather of 10, No. 11 in
the hanger, and a very hard working double House chairman, who is trying
his very best to slow the AIDS toll, how could I possibly smear
activists, as Mr. Gunderson accused me, given what they have done, and
many continue to do, to themselves?
``In that June 12 Post Magazine story, `Mr. Gunderson asserts Dornan
is full of prejudice and hatred.' That one quote alone, as the
parliamentarians told me, entitled me to an hour. And in the same breath
he used `Is Dornan dangerous? Sure, because he can use passion to
intimidate and to roll over those who are unwilling or unable to stand
up to him.'
``That is pathetic. I know this is going to sound patronizing, but I
mean it from the bottom of my heart. I pray for Steve Gunderson and all
others who like my colleague live on the edge. But I must fight back
here tonight. I must fight back. These charges have their intent to
destroy not my reputation only, but it brands my work in Congress as
driven by the twin evils of hatred and bigotry.
``It is not going to work. It is not in my nature to allow something
like that to go unanswered. I went through jet pilot training to serve
in peacetime, ready to defend our freedom of speech. I went through that
pilot training when Mr. Gunderson was 2 years old. I marched with Dr.
Martin Luther King when Mr. Gunderson was 12. The next year, in 1964, I
had FBI people tell me the Ku Klux Klan has a contract out on this
Republican's head in a beautiful state because I was putting my life on
the line against bigotry, registering to vote African-Americans.
``Mr. Speaker, in the 1880's, when immoral dueling was commonplace,
this would not have happened. Never would I have had my honor assaulted
this way. I will leave out the line.
[[Page 1440]]
``Mr. Speaker, the impact of casual sex propaganda and mainstreaming
and, in some cases, romanticizing of AIDS is having a deadly effect upon
our young, and lately upon our very young. I will tell you some quotes
from Dr. Fauci up at NIH later, and that is why I circulated the facts
about that circuit party.
``It is also my intent to reassert the truth of what happened at that
dance, and we are not talking ballroom dancing here, Mr. Speaker. So
that no one will be misled, Mr. Gunderson, in his assault, associates me
with two honorable journalists, one of them a courageous African-
American writer, the other an excellent investigative reporter. And he
attacks both of them as motivated by hate and prejudice, the journalism
of hate, bigotry and prejudice.
``In his attack he invited the two writers to come and visit the
victims of the AIDS disease. I checked with the other two; we have all
done that. And he said we should learn that these are not some faceless
pretty corpses but rather sons, brothers, uncles, lovers and friends,
and, in increasing numbers, also mothers, sisters, and daughters.
Strangely, he left out dads and aunts, and in the case of two of our
Congress who are dead from AIDS, their prior important roles as husbands
and fathers.
``It should comfort the gentleman from Wisconsin to know, if his real
goal is the truth, that this Congressman has forgotten more about the
worldwide medical impact of AIDS than the Member from Wisconsin has ever
known. And I might add, as some of my colleagues claim, that I forget
little, if anything.
``According to that June 2 article, Mr. Gunderson said he has had four
of his closest friends waste away and die from AIDS and another is HIV
positive. What a gut-ripping, heartbreaking experience. But maybe he has
kept these tragedies within his circle. I do not recall him publicly
warning anybody, young or adult, not from this lectern, that the wages
of promiscuity, for heterosexuals, too, is now death.
``Does he defend the Magic Johnson rationale: I am simply an innocent
victim and we are all in this together; it is really an innocent
disease? Or, rather, champion what I think is the more honorable
approach of heavyweight prize fighter Tommy Morrison, who stated through
tears, it is my fault, my conduct, my immoral behavior. If I can save
one young person from doing what I did and save them from becoming
infected with this killing disease, then my suffering will not have been
in vain. No coming back to the boxing ring for one short season. As that
big beautiful smile, and the most incomparable smile I have ever seen in
my life on Magic Johnson gave us for a while on the basketball court.
``And where was Mr. Gunderson or any other Member in 1986, when I
pleased with my colleagues, mostly on my side, come to Paris with me to
visit the Louis Pasteur Clinic to investigate this explosion of this
pandemic. Where were they when I went to Geneva later that year, with my
wife Sally, to learn all we could about this health nightmare by getting
extensive briefings at the World Health Organization? How about visits
to the Centers for Disease Control? I never saw anybody sign in down
there except Newt Gingrich. It is in his district, or was. How many
times has any Member, to gain AIDS knowledge, visited the National
Institutes of Health, just a short 15, 20 minute drive from Capitol Hill
up to Bethesda? Well, I have made all these informative trips several
times over the last decade.
``And what did Mr. Gunderson do with his unjustified, now illegal, Jim
Wright-initiated 2 years of congressional pay raise 1989 and 1990? Well,
my 2 years of those raises went to AIDS hospices.
``Mr. Speaker, I do not know what my colleague does in his free time
to educate himself about the worldwide aspects of this, but I have been
carefully tracking this nightmare for 13 years. Just last month I
visited the Armed Forces Medical Intelligence Center at Fort Detrick
where I received a startling and tragic update about the exponential
spread of AIDS worldwide.
``In just 3\1/2\ years from now, I told you this, 60 million will be
infected, 12 million full-blown AIDS. Sadly, most of them with little or
not health care. And dead? Nobody really can track the dead worldwide.
No one knows for certain how many millions by 2000 in the year of our
Lord will be gone.
``I also learned the following stunning, shocking medical fact. The
military forces of Zimbabwe were 75 percent infected. Not 7.5, not 17.
Three out of every four of that officer corps, their sergeants and their
kids are infected with AIDS. You know what this did? Because of this,
their forces are rejected permanently by the U.N. for any future
peacekeeping assignments. And at least six more nations are going to be
stigmatized any day now on a no-go list with unacceptable for
peacekeeping duty.
``Zimbabwe peacekeepers brought the specter of AIDS infection and
death to Somalia. How sad. Death in the name of peace. Make love, not
war. That means more pressure on our American infection-free forces to
travel worldwide on peacekeeping missions? Is that not obvious, Mr.
Speaker? It is a powerful reason to keep our own military mercifully 100
percent HIV-AIDS infection free.
``A 100 percent non-AIDS infected military is my proper goal as the
chairman of Military Personnel. And I take a lot of, to quote a four-
star, bovine scatology from the homosexual lobby for my perfectly
logical and fair legislation and a lot of that scatology from the other
body.
``Where was Mr. Gunderson or any other Member of the 99th Congress
back in 1985 when I gave the first of almost 200 of my floor speeches
warning about how our blood supply was contaminated and was beginning to
spread the epidemic that year at a ferocious rate? Who came to this
floor anywhere and discussed unsanitary promiscuous behavior or debated
using infected needles and the cross contaminating of both cohorts?
Where have the homosexual activists been over the last 15 years?
``Well, there are now thousands of homosexuals who are working
tirelessly and heroically to comfort and, yes, love the ill with a pure
philos love, a Christian love, a Judeo-Christian love, and God bless
them. But other than telling us we are all culpable, these are the
leaders, and all at risk, for some it has been just business as usual.
Trying to get money out of us, which we give most generously, and I have
been there 100 percent, and they still push, some of them, public
relations mumbo-jumbo instead of tried-and-true solid public health
policy.
``Mr. Speaker, anybody can tell my colleague from Wisconsin that I
have spoken with more young men before they died of AIDS than most that
serve here. When a person grows up and has lifelong roots in Manhattan,
New York, and Beverly Hills, CA, as I did and as I do, you will see in
10 years more tragedy involving drug abuse and fast track heterosexual
casual sex than you will see in the wholesome dairylands of Wisconsin in
100 years, at least until these not so gay 90s'.
``In fact, Mr. Speaker, it is interesting to know over the last 10
years, Mr. Gunderson has spoken on this floor about AIDS about eight
times. Unbelievable for a self-proclaimed person who is involved. If you
do not count a one-sentence in passing mention of AIDS in 1989. Then,
amazing as this seems, his very first speech, and a short one at that,
was his annoying, at least to me, Christian second-to-none speech, and
that was only 2 years ago.
``I, on the other hand, addressed this Chamber on the subject of AIDS,
I repeat, about 200 times. That is Mr. Gunderson's rate times 24. This
speech tonight alone contains more references to AIDS both in quantity
and quality than Mr. Gunderson's eight short speeches over 16 years all
run together.
``I repeat, in 1985, I offered a successful and nearly unanimous
amendment in this House, 11 years ago, to close those disease-infested,
unsafe-sex-with-multiple-strangers bathhouses, the aforementioned anvils
from hell that broke and slowly killed so many midnight cowboys in New
York City and San Francisco.
``Frankly, given the contrast and the attention we both have given to
this tragic retrovirus nightmare, the widely used homosexual protest
bumper sticker ``silence equals death'' has a special resonance, don't
you think. I have never been silent because I truly believe in tough
love. Meaningful compassion demands positive action.
``When Mr. Gunderson attacks my belief system on what constitutes
serious sin and what constitutes the cor
[[Page 1441]]
ruption of youngsters through bad example, he also attacks my religion.
The Catholic Church and Pope John Paul II are unrelentingly slandered by
the top and the middle management of the homosexual food chain, to see
the disgusting, apocryphal scene in Berlin with stark naked people
throwing blood red paint on the holy father's vehicle. Main driving
force is this issue to that atrocity. However, thanks to God's
unrelenting love, and I have seen this when death is near, it is back to
the arms of holy mother church, Dominus vobiscum.
``What does Mr. Gunderson really know about my love for the dying or
my empathy for human suffering or my work with the families of our
missing in action in Vietnam and now Korea where he left hundreds behind
under a Republican hero, a five-star general, President Eisenhower? What
does he know about my empathy for human suffering? Jesus died for
sinners, actually for each individual sinner.
``I am a sinner. Most of us around here commit at least little, small
sins on a pretty regular basis, do we not. Every one of us, every day
with every suffering person can and should say, there but for the grace
of God go I. My motives are based on compassion and on love for my
fellow man and a pure desire to defend innocent youth and children.
``I resent anybody out there hiding behind the facade of caring,
thinking about other things. Does every Member truly grasp the enormity
of the suffering that was involved with those 360,000 Americans slowly
wasting away, and counting. I can't absorb the enormity of that level of
suffering. Who but a handful among us in Congress, I repeat, even knew
that 60 million are going to be infected at the turn of the century.
What a way to enter that millennium, I repeat. And the calamity is
behavior-driven, conduct-driven in the main. No ifs, ands or buts about
that harsh argument.
``Notwithstanding the pandemic nature of this worldwide plague, the
truth is, and honest reporters have known this for years, AIDS simply is
not, not everyone's disease. Is it a plague? Of course it is. Is it an
epidemic, an international pandemic? Beyond question, but it simply is
not everybody's disease.
``Read the May 1 story which will be in my full remarks in the Wall
Street Journal. Almost everybody in this room has a better chance of
being hit by their own personal lightning bolt, a direct message from
God to come home as fast as you can, a lightning bolt, before they have
a chance of becoming HIV positive.
``Let us apply some logic. Two thoughtful leaders from AIDS Project LA
in my office last night told me that if AIDS is everybody's disease,
then it is nobody's disease. They just do not want it to be called
totally, to use their words, a gay disease. They say it is not
everybody's disease. Is AIDS your disease, Mr. Speaker? I did not mean
to single you out. No. Is it my disease? No.
``How about all of the floor staff and clerks around us? Of course,
probably not. How about the entire membership of Congress, all 435 of
us? Okay, here is where we pick up a few at risk. I was told a long time
ago that there were some HIV positives between the House and the Senate;
the person is long gone who told me that. He said that only about 50
Members had even been tested.
``So if we include all of our staffers, about 30,000, we would
probably pick up a handful who are infected. That is also because
government, like Hollywood, like Broadway, like big cities, it attracts
a disproportionate number of homosexuals who want to work here for their
country beyond the 1 or 2 percent estimates nationwide.
``I am sure you get my point, Mr. Speaker. But if you say that this
group or that group is a high risk, you have just stigmatized a small
percentage of our population as high risk for venereal disease. The only
fatal sexually transmitted disease in the United States is AIDS. So by
accepting logical truth, you can be called a bigot, a hater, or
prejudiced.
``Those are the vile words hurled at me, at an African-American
columnist, at a hard-working reporter, and my good friends at the Family
Research Council and at you who instinctively believed Mark Morrano's
report about illegal conduct at the Mellon auditorium.
``By the way, would it not be equally scandalous to rent out this
architectural showpiece, the Mellon auditorium, for a Hustler,
Penthouse, or Playboy, no-holds-barred celebration of free love with
centerfold models, as the bartenders were on April 13, in neon day-glo
underwear. That is all they had on, with or without the drug use, with
or without the half-naked gyrating, with or without the crude name like
Screw Alley for the beautiful arched carriage entrance on the east side
of the courtyard, without anything like that, we are going to give that
place to Hustler or to Guccioni's Penthouse? I don't think so, the kids
would say.
``Now, if I can have an animus towards the promotion of fornication
and adultery that is promoted in Hustler, why can I not have an animus
toward glorifying homosexuality, particularly circuit parties. I refer
you to the U.S. Supreme Court decision, I have my eye on the clock,
Romer versus Evans, May 20, just last month, most timely and very
instructive. Pro-family folks, especially you in Colorado who crafted
that, do not be discouraged by what I am about to say. But sadly,
Colorado's amendment 2 was imprecisely written and its exact wording is
what allowed six justices to choose process over substance with that
majority decision.
``Let me explain at this key point, Mr. Speaker, what I am about to
say, brightly illuminated by this Supreme Court decision, will lend
itself to a resolution of the question before us today. That is, Mr.
Gunderson questioning my motives, my character. For the purposes of law,
you could debate this for days. There is no such thing as homosexual
orientation in law. It does not exist. In law, homosexuality is no more
nor less than a sex act. Loving friends living together for years can be
bonded by philos love with never even a thought of eros love. So under
the law, you cannot be H-O-M-O without the S-E-X-U-A-L, any more than
under law you can be hetero without the sexual.
``This is a crucial distinction in the law. Why? Because laws and
public policies are based on human actions, not the penumbra of
orientation, inclinations, tendencies or temptations never acted upon.
``President Jimmy Carter comes to mind. That is what you get for
giving an interview like Bill Buckley to Playboy. What goes on in the
thought processes of the human brain, that is not law. Law involves
conduct, behavior and, yes, sometimes, rarely, speech, such as treason,
libel or yelling fire and in a crowded enclosure.
``There are no laws against what a man or woman thinks not will there
ever be in a truly free country. In the eyes of the law, thoughts do not
rape or molest. Desires do not sexually exploit another person or spread
disease. Only human actions can do those things. All of the consequences
pertaining to the behavior of male homosexuality center on sex acts. In
James Carvillean-speak, it is the conduct, stupid.
``Unfortunately, Colorado's amendment 2 carried the term orientation.
It allowed Justice Kennedy and five others to perpetuate the myth of
some kind of innate homosexual personhood. I do not have to tell you,
Mr. Speaker, how ridiculously inane that notion is.
``Imagine, if you will, some of these beautiful babies, occasionally
held in their parents arms or in our cloakroom of late, imagine those
babies. Can anyone really make a scientific case that somehow those
parents are holding budding little bisexuals, cross-dressers or
pedophiles just waiting for puberty to reveal their true orientation?
``Such arguments are made regularly, usually by homosexual priests or
homosexual scientists or homosexual doctors and are rarely, if ever,
exposed as mostly psychobabble and pseudoscience, certainly not by my
friends at Newsweek, Time or the other liberal weeklies, including in
the law concepts of orientation and class of persons like amendment 2,
it spawned the death of that amendment.
``But the argument with which I took the greatest exception in the
flawed Kennedy-written majority decision and the focus that is most
relevant to this question of privilege here tonight, Mr. Speaker, is
Kennedy's use of the words animus and animosity to describe the
motivation of the framers of amendment 2, 53 percent of Colorado's
voters who voted for the amendment, and the beliefs of the polling of
the overwhelming majority of Americans.
[[Page 1442]]
``Animus, this is the same charge that Mr. Gunderson has leveled at
me, using rougher language. In that long reviewing June 2 Post magazine
puff piece, to be specific again, he said that my effort in exposing the
truth about this weekend was just my latest attempt to smear the
homosexual community. That I am motivated by hatred, a much nastier word
for animus, not by a sincere desire to protect Government property from
scandal or abuse and, of course, not by sincere conviction that all
Members of Congress should prevent our Congress from giving bad example
to the youth of our Nation by sending them the destructive message that
promiscuous sex, hetero, homosexual, bi-, tri- or commune sex is normal
and healthy and regularly allowed to showcase itself in our taxpayer-
owned buildings.
``I repeat, we have learned the hard way that the wages of that sinful
message is death, 360,000 and counting.
``So Mr. Gunderson tells this Chamber and, through C-SPAN, the Nation
that I am out to smear.
``I read to you, Mr. Speaker, what Justice Scalia said in his
dissenting opinion about this animus. Scalia writes in his opinion that
Coloradans are entitled to be hostile toward homosexual conduct and that
the court's portrayal of Coloradans as a society fallen victim to
pointless, hate-filled gay bashing is so false as to be comical.
Comical, he writes.
``Mr. Speaker, Justice Scalia thought his opinion to be so important
he took the time to read it in its totality aloud to the Supreme Court,
and it was much longer than the majority decision. Please reflect on
Justice Scalia's words, Mr. Speaker. He is saying that you and I and all
Coloradans are entitled, he even italicized that word in his opinion,
entitled to be hostile toward conduct, not hostile toward any person but
hostile toward the conduct.
``Only craven, cowardly bullies hurt or bash individuals, and they
should be severely punished with the full force of the law. A law-
abiding citizen does not even physically abuse a guilty drunk driver at
an accident scene involving the death or injury of a child, and that is
a pretty tough provocation. He makes a citizen's arrest and grits his
teeth and cries and waits for the police.
``So let me state for the Record again, Mr. Speaker, before a million
or so people at this time of night watching, and I am not referring to
any individual in particular. It is the conduct, stupid, or it is the
conduct, sweetheart.
``Mr. Gunderson knows in his heart of hearts, I hope, that, if he were
being physically assaulted out there on the street, Bob Dornan would be
one of the very first, if not the first, to defend and protect him even
at the risk of my life, even limping all the way. And if you doubt that,
just ask Congressman Cunningham, Congressman Moran and about a half
dozen of our Capitol Hill Police Officers.
``I, like most Americans, I am sorry, I do have an animus toward
homosexual conduct and at that ostentatious, in-your-face conduct that
was exhibited at the Cherry Jubilee group grope.
``In his floor statement, the gentleman from Wisconsin attempts to
portray the homosexual conduct at that stately building as, quote, a
gift of love, not a weekend of illegal activity. Even the remotest touch
of common sense is going to tell any American, Mr. Speaker, that the
8,160 foot square foot Mellon auditorium, this beautiful hall is only
7,600, Senate Chamber 4,300, 8,160. When filled with 2000-plus writhing,
bumping and grinding dancers, hundreds of them half naked, that is
anything but a gift of love.
``I would like to show you that nonoffensive picture in color there,
blowup of one of the slides, unless of course you define lust as love,
which is kind of similar to a Member of Congress using love as an excuse
to responding to an ad in a homosexual newspaper which was signed off by
`hot bottom.'
``That is not love, that is lust.
``Just why would I have animus and not a homosexual jamboree? Fair
question, easy answer.
``The gentleman from, Mr. Gunderson, claimed the Cherry Hop raised
about $50,000. Forty-five; I have just talked to the Whitman-Walker
Clinic. Again he claimed, or he said that, and think about this, Mr.
Speaker, $45,000. If just one person after a night of, quote, copping
feels; that is the description by an anonymous homosexual columnist
reporting on the hop for the homosexual metro weekly paper quoted in the
Times after Mr. Gunderson's remarks, after a night of copping feels on
the dance floor, if just one human being after furtively sharing a
little cocaine, and it is all in the report, with an all too friendly
drug tripper in a latrine stall, if only one person after that gala back
in a motel or a hotel shared the virus that keeps on giving, the fatal
AIDS virus, then that mere $45,000 raised is but a drop in the bucket.
It is not even half a year.
``For one person who does not even have AIDS yet, if they are in one
of our hopeful Government programs, they would not even cover the
fraction of the cost that one single AIDS patient would require through
his medical decline and death.
``I hope you get that because the head of the Whitman-Walker Clinic,
Jim Graham, in a very pleasant conversation tonight, did not get it. He
said it is not where you get, it is if you got it. You come together in
a Federal building and one person gets it, there goes all the money from
the whole event, and Mr. Gunderson said they spent $14,000 on the lights
alone, just on the lighting. You should have seen the place that night.
All those six massive door columns lighted with the lights of the
rainbow.
``Now, God demands compassion and prayers for the infected patient and
for the dying. Jesus commands it. What you do for these the least among
you, do for me. Every AIDS victim lying in a bed is Jesus Christ. Every
little finger you lift to help them, you are helping Jesus. It is right
there. Of course we have to have love and compassion, but focused
animosity is logical when it is directed at the behavior of arrogant
risk takers. Jim Graham agreed with me on this. Those hell-bent for
leather put lust before long life, folks, and therefore they overload,
if not bankrupt, their whole systems.
``Dr. Tony Fauci told me just a few weeks ago up at NIH--I met some of
the lucky patients up there, they called themselves lucky; I had to
wince at that one--he told me that there are now many young homosexuals
becoming HIV-positive because of mere frustration, mere annoyance, at
having to avoid AIDS with less risky sex. So mentally exhausted with
safer sodomy, they succumb to high-risk lust for this inevitable fate.
``Mr. Gunderson says we must not lecture one another if there is to
remain any element of mutual respect, unquote. Well, if lecturing is
out, fine. Then I simply plead with young Americans at risk stop hurting
one another, stop killing one another, stop the promiscuity. This goes
for young heterosexuals: Stop the dangerous and the unhealthy conduct.
Stop holding up homosexual conduct or heterosexual sleeping around
before the youth of our country as wholesome and normal and healthy.
``Yes, there should not be hostile Roscoe--I am sorry, using the first
name on military bases--thank you for that amendment. I think it is
going to survive.
``Let me turn around another Gunderson insult. He accused me of trying
to personally destroy those with whom I might disagree. Well, those of
us who truly believe that we are our brother's keepers, and I thought
that is why we all ran for election here, to help our brothers and
sisters. I am not trying to destroy your risk-takers; trying to save
your immortal souls and your mortal lives in the measure.
``Mr. Speaker, the gentleman from Wisconsin, [Mr. Gunderson], said I
had a large hand in intentionally misrepresenting facts and falsifying
information. He repeated that 6 times. For the record, these salacious
advertisements--I was going to show them--at my side are exactly what I
am talking about when I criticize the melee at the Mellon. Cherry
Jubilee consisted of three inclusive events.
``Mr. Speaker, I will put in the Record the 3 phases of this weekend.
I will call to people's mind the Tailhook incident; as ugly as that was,
the outrageous double standard that we tolerate, given the code of honor
that we Americans demand from our military, how pathetically low our
standard of ethics is here and in the Senate. Even Packwood avoided
being expelled for over a year. Then he quit, among tearful goodbyes:
``Goodbye, Mr. Abortion, good bye, Mr. Womanizer, good riddance.
[[Page 1443]]
``I talk about the second event, the main event, talk about my going
down there, talking to this wonderful lady who has had the main
stewardship under the GSA, not, as Mr. Gunderson said, Commerce, the GSA
how they balked at her asking him to wrap it up at midnight. Then she
tried to compromise, 1 o'clock, and finally it was 9 hours till 6 a.m.,
on the Lord's day.
``Then I talk about the recovery brunch; that is their name;
supposedly at the Longworth. I guess the gentleman from Wisconsin, [Mr.
Gunderson], realized he needed a bigger venue, violated all of our House
rules about nothing in the courtyard at Rayburn till 4:00, started at
1:00. They blocked the reporter, Marc Morano, from going in.
``I stood in front of that Mellon; this is where I tried to have a
joint House-Senate session for Mr. Gorbachev. No dictator had ever
spoken there where Churchill and MacArthur stood. So I knew this Mellon
years ago; was 87, and yet I stopped, I was the lead man, with a little
help from Mr. Gingrich and Mr. Walker--to be truthful, not much help; it
was my show. I stopped Gorbachev. I did not want him here. Some of my
colleagues yelled to me in the elevator, `Well, I want to hear what he
has to say, Bob.' I said, `Good. You ever heard of the Mellon
Auditorium?' This is 9 years ago. `Let's go down there; it's bigger than
the House floor.'
``Well, I went down there, and this lovely lady told me, and I do not
want to get her in trouble, that the next day was a pig sty, that the
floor was covered with a slime from mixed drinks. It was a whole bigger
floor than this. She says they called the Whitman-Walker Clinic; he
admitted this to me on the phone today. He said, `Well, we cleaned it
up; didn't we?' And it is Sunday at triple time, out of AIDS money that
has been raised, triple time. They had to go down there and clean it
while 600 of the 2,000 of the partiers were recovering in our Rayburn
courtyard.
``And that Mellon is straight across from the National Museum of
American History, on our No. 1 boulevard, Constitution. I paced it off,
106 paces to the north wall of the American History Museum, and guess
what is on the other side of that wall? Old Glory, the Star Spangled
Banner, the original that Francis Scott Key wrote. It is 30 by 34 feet.
It is on the wall facing the Mellon. And what did he write in the Star
Spangled Banner? `In God we trust.' There are the words up there: `In
God we trust.' It is Constitution Avenue; as my colleagues know, along
with Philadelphia, Pennsylvania Avenue, it is the No. 1 boulevard for
this country.
``Put the rest in the record here.
``Continues the description of that whole wild night. Sad.
``And Mr. Graham told me they are going to do it again next April in
one of our Federal buildings. Think Tailhook. The careers of four-star
admirals, one of them with 400 combat missions in the most dangerous air
environment in the history of mankind, had his career ended.
``No sink back for you, war hero, and you weren't even at the event.
``Well, we do not think you were tough enough on it, and that is 5
years ago, when we are still destroying the careers of people who put
their lives on the line to die for freedom of speech. But nobody pays
attention to this majestic auditorium down there.
``Eyewitnesses. Boy, Mr. Speaker, I have got a great close here about
Abraham, Moses, a couple of lines from, as I said, the Ten Commandments.
It will all be in the Record tomorrow. I hope some of my colleagues
assign a staffer to read it if they are too busy to. It lays out the
whole case with other eyewitnesses, and then it comes to Steve's words,
that this was the love of God personified. Wow. That is not my American
tradition, to paraphrase him, or my American family. It sure as hell and
heaven is not my Judeo-Christian ethic or code of ethics. This does not
represent the God of Abraham or Moses up there in the central place of
honor, full-faced, marbled, looking right at me right now.
``He is looking at you too, Mr. Speaker. This does not represent the
God of love, certainly not the Father of Jesus or love in any faith I
have ever heard of. This is pagan in every sense of that word. This is a
bad rerun of worshiping Mailik and Baal.
``Mr. Speaker, the tension between me and three of our colleagues
here, I guess, is a reflection of the national debate on our moral
spiritual decline. It is a debate that seems to have been, temporarily,
I pray, stifled, if not snuffed out, in the great Democratic Party, very
much alive in my Republican party. Some people rub their hands waiting
for a big fight in San Diego, but there can be no compromise in this
struggle.
``Members in this institution, a lot of them, on all the moral issues,
even partial-birth infanticide to go away; there are some even more laid
back, if not cowardly, who say, so what? That is a Carvillean quote, I
guess, `So what?' And I pity the children in the love department with
people who say, `So what?'
``Unfortunately, a struggle over the virtue, the future of our Nation
as a land of godly people, can only subside when one side wins and the
other loses, and history tells us that the battle will wax and wane
until the Second Coming.
``I know what I am doing by getting out of here, I know the danger it
holds for me and my large family. I will finish in an hour special order
next week. Enjoy your Fourth of July, and I welcome anybody to come over
and debate me and see if we can slow down the death of 360,000 and
counting.
``Mr. Speaker, I rise to a question of personal privilege.
``Mr. Speaker, I rise to claim my privilege under House Rule IX,
section 1, to address the House in reply to the scurrilous attacks on my
honor, my truthfulness, and my motives by the retiring Member from
Wisconsin's Third District, Mr. Gunderson.
``His verbal attacks on me last May 14, from this very lectern, have
worked their way throughout the national media. He compounded his
insults by telling a stringer for The Washington Post, according to her
puff piece on him, printed on, Sunday, June 2, that I am, quote, ``full
of prejudice and hatred.'' That's so far over the line, Mr. Speaker,
that it necessitates a 40-cannon broadside in response.
``Mr. Speaker, it's worth noting, that in more than 16 years of
service together, Mr. Gunderson and I have never exchanted cross words
off this floor, nor have we ever been impolite, discourteous, or uncivil
toward each other--not once. Mr. Gunderson will confirm this. Just ask
him. In fact, ask anyone around here and, if they're honest, they will
tell you that I am one of the most cheerful, optimistic, enthusiastic,
upbeat, irrepressible, good natured, and affable Members with whom they
serve. And loyal. Yes, for certain, I'm passionate at times, and, yes,
unrelenting in my deep concern about the deterioration of our culture.
And that concern is sometimes dismissed in a negative way by a few
adversaries around here, and often spun negatively by doctrinaire
liberals in the media who care little about objective truth or the real
intent of a heart that even some detractors have called a braveheart. As
I've pointed out occasionally to supportive friends, my passion is only
seen as unusual, even in this historic debate chamber that's weathered a
civil war, because today so many Members of Congress lack passion about
anything, in spite of that violent world out there. Also because there
are so many here, who, while aspiring to be nobles, have no heart, let
alone a brave one, and turn a deaf ear to William Butler Yeats' warning
that `everywhere the ceremony of innocence is drowned.'
``First, a brief prolog. The trigger for Mr. Gunderson's point of
personal privilege was my `Dear Colleague' letter, circulating a factual
report on a so-called `homosexual circuit party' of more than 2,000
bumping and grinding partyers misusing the largest Federal auditorium is
our capital on April 13 to celebrate licentious and lewd behavior, at
the mockingly named `Cherry Jubilee.'
``Mr. Speaker, after a fair evaluation of all available facts, I can
unequivocally state that the report issued by journalist Marc Morano is
true and accurate. Let me repeat that. Contrary to Mr. Gunderson's
absurd, second-hand defense of the 9 hour display of hedonism at the
majestic Andrew W. Mellon Auditorium, the eye-witness, multi-
corroborated account of reporter Marc Morano is unassailable. And to
ensure that there are no misunderstandings about the substance and
accuracy of Mr. Morano's report, I am going to read that vivid account
for you now.
[[Page 1444]]
``An all night homosexual ``circuit'' party called ``Cherry Jubilee''
``Main Event'' took place in Washington, D.C. on April 13, 1996. The
dance party featured public nudity, illicit sexual activity and evidence
of illegal drug use. The sponsors of the homosexual festivities included
a GOP congressman and a host of corporations. A federal building the
Andrew W. Mellon Auditorium, played host * * * and was the backdrop for
the illegal activity. The sponsors included * * * American Airlines,
Snapple, Miller Lite Beer, Starbucks Coffee, and Ben & Jerry's Ice
Cream. The ``Main Event'' was followed by a ``Capitol Hill Recovery
Brunch'' in the Rayburn House Office building. Representative Gunderson
secured the Rayburn building for the ``recovery brunch.''
`The Mellon Auditorium is a taxpayer owned and federally operated
building complete with classical ornate Doric columns directly across
the street from the Museum of American History on Constitution Avenue.
The ``Main Event'' was being described by the City Paper as a ``New York
style homosexual circuit party * * * usually drug infested.''
`Main Event' tickets were very hard to come by. The event sold out,
which left a scramble for ticket scalpers outside the entrance. Two
thousand men attended, most between the ages of 25-35 years old. Many of
the men who attended were of obvious affluence. Limousines and even a
Rolls Royce lined Constitution Avenue as the party goers arrived.
`The clothing was trendy with skin tight black jeans and tanktops. The
bartenders wore bright neon underwear and nothing else. Many of the men
arrived with leather and rubber pants and neon rubber loin cloth
underwear only. Most of the shirts came off as the men headed for the
dance floor.
`Body piercing was ubiquitous with piercing in nipples, navels and
ears. Chains and dog collars were also prevalent. Cross dressing was
common sight, as a heavy presence of transvestites and other
``transgendered'' men attended. Men with wigs and dresses in heavy make
up strolled through the auditorium. Several pairs of lesbians attended
as well, parading in very skimpy clothing.
`Most attendees greeted each other with open mouth kisses. No fights
or altercations * * * the men were generally very neat, with meticulous
hair and clothing. There were few if any men who could be described as
overweight.
`As the constant thump, thump, thump of the techno music heated the
crowd, the dancing became increasingly lewd and suggestive. As the night
wore on, the dancers began simulated sexual gyrations. The dance floor
became a torrent of intense groping and stroking. Some couples dancing
on table tops, mimicked anal sex through their clothing while others
pantomimed oral sex. At one point while dancing on a table top, one of
the lesbians lifted her bra and exposed her breasts. Meanwhile, several
inflated condoms were batted about like volleyballs.
`At about 4 am, two men proceeded engage in illicit sexual behavior in
the main auditorium. One man lowered his head (onto the crotch of
another man and began to perform oral sex). This act occurred just off
the dance in full view of the crowd. No one seemed to be fazed by it one
bit.
`The restroom stalls at the Mellon Auditorium were constantly being
occupied by two men at a time. (Gropes and groans) could be heard
emanating from the stalls with double occupancy. Stall doors would open
and two men would nonchalantly exit.
`Every conceivable isolated spot became a dilemma for security.
Security officers had to diligently watch the outside side courtyard
stairwell in the smoking area. The steps led down to a dark basement
alley way on the side of the building where many of the men were
congregating. The progression of couples heading into the darkness
eventually forced security to intervene. Orange cones were placed to
close the area off, as a security officer was assigned to stand watch.
Public urination was common as the men relieved themselves outside and
even in front of the stately building facing Constitution Avenue. * * *
`Despite signs posted everywhere stating, ``Use or possession of
illegal substances strictly forbidden,'' evidence of illegal drug use
was present. Snorting could be heard throughout the evening in the
restroom stalls. At one point a straw fell on to the bathroom floor from
inside a stall. There was also clandestine exchanges of money and
substances in dark corners of the dance floor throughout the night.
`Despite the flaunting of public nudity, illicit sexual activity, and
illegal drug use at both of these homosexual events, (April 1993 and
April 1996) law enforcement never intervened. Contrast this with the
controversy that inevitably follows when someone attempts to celebrate
Christmas with a nativity scene in a public building or park (or the
Tailhook scandal which took place in a private Hilton Hotel).
`* * * The April 1996 Cherry Jubilee weekend proves that the
homosexual agenda is advancing in Washington. The use of two federal
buildings during the Cherry Jubilee weekend in Washington, D.C. reveals
how successful the homosexual lobby has been in ``mainstreaming'' their
agenda. Voters, consumers and stockholders should hold the government
and corporations such as American Airlines accountable when they
underwrite events like Cherry Jubilee. The voters need to ask which side
of the ``culture war'' the Republican Party is on and what real change
the so-called ``GOP Revolution'' has wrought. The GOP leadership on
Capitol Hill needs to explain how an event which featured illicit sexual
activity, public nudity and evidence of illegal drug use was allowed to
occur in a federal building on the 253rd anniversary of Thomas
Jefferson's birthday.'
``Now, ironically, Mr. Speaker, this disgraceful misuse of taxpayer-
owned property might never have happened if I had come to this well and
alerted Congress to a growing phenomenon of misuse of Federal facilities
to advance homosexuality, and exposed a prior outrage at the majestic
Andrew W. Mellon Auditorium back on April 25, 1993, when an all day,
sadism freak show defiled the auditorium and our Capital City. I also
should have alerted Congress to a June 1995 abuse of the impressive
headquarters building of the Department of Interior. I was diverted from
reporting on this latter outrage by the pace of House voting, the
Presidential race, and my chairmanship of two very active subcommittees.
``Last year, throughout the month of June, in the impressive lobby of
the Interior Department, there was an in-your-face display glorifying
homosexuality. A large, lavender painted, free-standing billboard
praised, with large photographs, four homosexuals high in our Government
and held them up as role models. One, a female, is no longer in
Washington having left to lose an election in San Francisco. Another is
still an Assistant Secretary at the Patent Office. And the other two are
male homosexuals serving here in Congress. Unfortunately, the short bios
under the Congressmen's photos were lies. The bios deceptively stated
that both Congressmen courageously came out of privacy and voluntarily,
with great pride, revealed their homosexuality here on the floor of
Congress. Of course, the truth is quite different, Mr. Speaker. One of
them was censured by this House for his statutory rape of a 16-year-old
boy, one of our pages, and Secretary of the Interior Bruce Babbitt knows
that; and the other Member was severely reprimanded by the House for
conduct unbecoming a Congressman because of his involvement with a male
prostitute-pimp who was running a full service procurement operation out
of the Member's D.C. apartment, that and much more. The eccentric Bruce
Babbitt also knew that ugly tale. Babbitt authorized the homosexual
propaganda display knowing that neither Member of Congress came out of
secrecy freely, but were brought out of privacy by crimes. This outrage
at the Interior Department building went unchallenged here in Congress,
and therefore went unknown to American taxpayers. If I had protested
those prior abuses of taxpayer-owned facilities, just maybe, 10 months
later, a similar outrage wouldn't have taken place on Constitution
Avenue, again at the beautifully gilded Mellon Auditorium.
``Better late than never.
``So Mr. Speaker, I now step out into the minefields of evil political
correctness, alone, but I hope and pray, not alone for long. Come Holy
Spirit. On May 2, last month, here in our awe-inspiring Rotunda,
America's secular ca
[[Page 1445]]
thedral nave, this 104th Congress, at a very, very moving ceremony,
awarded our Congressional Gold Medal to the Rev. Billy Graham and to
Ruth Graham his devoted and wonderful wife of 53 years. During the
inspiring ceremony, while addressing Vice President Gore and his wife
Tipper, Speaker Newt Gingrich, former Senate Leader Bob Dole and his
wife Elizabeth, and all of our congressional leaders including Mr.
Armey, Mr. Gephardt, Mr. DeLay, Mr. Bonior, Senators Lott and Daschle
and all of the other Senate leaders, and dozens of Members of both
Houses, Rev. Billy Graham stated with great emotion, `We are a nation on
the brink of self-destruction.' I repeat Dr. Graham: America is `a
nation on the brink of self-destruction.' A national poll last month
stated that 76 percent of our fellow Americans believe that our country
is `in spiritual and moral decline.' This Member of Congress agrees. I
am one of the 76 percent.
``I love my country and I'm sick at heart at its lack of direction in
moral matters, in state and civic affairs involving character. For
example, I beg my colleagues to read carefully this cover article in the
June 17 edition of the Weekly Standard. It's titled `Pedophilia Chic.'
The norming of foul perversion. It seems that no longer is there any
conduct considered a flat out evil. In our liberal popular culture,
hardly any cultural taboos remain. The words `objective disorder' fall
on deaf ears at the networks and at the New York Times.
``On May 14, 12 days after Rev. Billy Graham's warning, Mr. Gunderson
rose on this House floor to a question of personal privilege. In a `Dear
Colleague' and at this lectern, Mr. Gunderson repeatedly called me a
liar--using other words--and impugned my character with the use of words
such as `smear,' `lies' and `biased conduct' and `an intentional efforts
to personally destroy.' Specifically, Mr. Gunderson claimed that `the
gentleman from California has no right to misrepresent the facts, in
this, his latest attempt to smear the homosexual community.' Unquote. Of
course, he used the adjective `gay' as a noun in place of the neutral,
nonpropaganda noun `homosexual.' Seven times he used the phrase
`misrepresent the facts.'
``Mr. Gunderson's words or variations thereof were repeated in many
news stories throughout America including the Washington Times, the
Washington Post, Congress Daily, and the Associated Press which moved
his slanders from sea to shining sea. In my home county newspaper, the
Orange County Register, a reporter embellished on the slander,
`Gunderson * * * called the Dornan effort a character assassination' and
the Register reporter repeated Mr. Gunderson's absurd and obnoxious
charge that I am out to, quote, `smear the homosexual community.'
``Mr. Speaker, this is all so low-life, this attack on my honor, that
I am entitled to discuss the reliability of how Mr. Gunderson deals with
the truth and with facts and how he reports events and how I deal with
facts and my reputation for dealing with the truth. Mr. Gunderson said
here that I, quote, `sought to question [his] integrity.' Well, I did
not on the House Floor. But now, let the facts speak for themselves.
``Let's start with Mr. Gunderson's reporting skills. He reports that
nothing illegal took place at a frenetic party he did not even attend.
By comparison, let's analyze his anonymous report to the Washington Post
of a meeting of seven Republicans that he did attend. The relevancy to
my point of privilege will be self-evident, Mr. Speaker.
``Let me defend our Speaker, my friend Mr. Gingrich from a vicidusly
exaggerated, self-serving tale that the front page.
``Here is the January 18, 1996, edition of the Washington Post. Look
at this front page story. Preferred position--first story, upper left,
two columns, lead title `Inside the Revolution,' I quote the largest
headline, `Stung and Beset, Speaker Breaks Down and Weeps,' by Michael
Weisskopf and David Maraniss. Maraniss is the author of the incendiary
book `Inside the White House.'
``This supposed news story, that purportedly was about the dropping of
wildly obscure ethics charges against the Speaker, I soon learned was
exaggerated to the point of grotesque untruth. Quote, `An old
congressional ally who had stopped by the office to talk about farm
issues rose from his chair and hugged them both (the Speaker and his
wife). Gingrich could no longer hold back his emotions. He began sobbing
uncontrollably.' the Post reports.
``Now, whom do you think that old congressional ally was, Mr. Speaker?
That so-called `ally' who went to the Washington Post and grossly
distorted private emotion in the Speaker's office was none other than
Steve Gunderson. The truth was twisted, much to Speaker Gingrich's
detriment, and the distortion did damage to the Speaker's reputation,
his manliness, and raised the question of his emotional stability.
That's some ally, Mr. Speaker. And it wasn't even true.
``Obviously, `sobbing uncontrollably' is not the John Wayne image a
leader hopes to maintain in order to lead 435 men and women of very
strong wills, many with very single minded dispositions.
``A supposed ally ratting out a leader, as a blubbering softie, would
by itself be disloyal in the extreme, but when it's not even true that
is indicative of an ally who is `integrity challenged.' Mr. Gunderson's
problem, as a volunteer informant for a liberal newspaper, was that
there were other eyewitnesses in the Speaker's office during the
nonsobbing, such as Representative and soon-to-be Kansas Senator, Pat
Roberts, and my hard charging colleague from California, Richard Pombo.
``Both Congressmen told me directly that yes, that day there were some
tears of justifiable frustration. `Weeping?' No way. `Sobbing
uncontrollably?' Absolutely not. Mr. Roberts' final statement to me just
a few days ago: `There was no uncontrollable sobbing.'
``So much for Mr. Gunderson's reporting skills, and of course, his
loyalty.
``Mr. Gunderson whines that straight Members, such as I, unfairly use,
quote, `stereotypes,' unquote, when analyzing homosexual conduct. Well,
Mr. Speaker, just what would be considered typical versus stereotypical
conduct? How about getting fired from your very first Federal job for an
office morale-destroying, homosexual tryst with the chief of staff? How
about a 1991 public news report of a drink-throwing squabble at an
inside-the-beltway homosexual hangout, which was about to be closed
because of the pornographic pictures on its walls? How about a more
recent drink throwing rerun at an S/M bar, that's a sadism bar, on
December 17, 1995? That's last December, just 6 months ago. Again the
barroom altercation created sleazy newspaper stories involving a U.S.
Congressman. Is that considered classy conduct? Does it diminish the
integrity of our Congress as a whole? You bet it does. What would happen
to an officer in the U.S. military involved in similar bar squabbles? Is
this stereotypical behavior or just typical?
``And don't you just loathe the `typical' double entendre names of
some of these homosexual watering holes? `The Green Lantern.' What's
that mean? Come and get it, all systems are green and go! `The
Badlands'--do they really know in their hearts that trolling bars is
`bad' for them? How about the bars with hot tubs and private two-man
cubicles in upper rooms and side chambers--the same types of bathhouses
I helped to close with near unanimous legislation on this floor back in
1985--those non-Glory Holes had particularly offensive names such as:
`The Mineshaft,' `The Anvil,' and worse. Are those bathhouse dives
typical or stereotypical?
``Mr. Speaker, since Mr. Gunderson said I questioned his integrity,
let us thoughtfully analyze this word `integrity.' In the May 13, 1996,
edition of one of our military newspapers, the following powerful
thoughts were expressed by a four star leader in an article on
`integrity.' His article also covered `honesty' and `courage' and
`professionalism.'
``I want to quote a few germane paragraphs for this reason: the so-
called Tailhook Scandal, still bedeviling and ripping our great U.S.
Navy, is 5 years old, 5 years old, and it is still destroying careers.
Imagine for a moment, Mr. Speaker, if the out-of-control homosexual romp
that we judge today had happened on any U.S. military base or post
anywhere throughout the world.
[[Page 1446]]
What would the repercussions have been? Batten down the hatches. That
thought gives new, sickening meaning to the words `double standard.'
But, first, those powerful words from a real leader, a four-star,
combat-tested Chief of Staff. Apply his challenging thoughts to U.S.
Congressmen and Senators.
`The majority of our members understand well that integrity is
essential in [military] an organization where we count on fellow members
and that honesty is the glue that binds the members into a cohesive
team.
`And they easily take responsibility for their actions and exhibit the
courage to do the right thing.
`Yes, most [Air Force] professionals place service before self and
willingly subordinate personal interests for the good of their unit,
[the Air Force] and the Nation and, if called upon, are willing to risk
their lives in defense of the United States.
`Furthermore, professionals in our service strive to excel in all that
they do, always understanding that our responsibility for America's
security carries with it the moral imperative to seek excellence in all
our [military] activities.
`* * * Because of what we do, our standards must be higher than those
that prevail in society at large. (Shouldn't this mean Congress, Mr.
Speaker?) The American people expect this of us, and rightly so. In the
end, our behavior must merit their trust, respect and support.
`[Air Force] leaders [commanders] and supervisors must ensure that
their colleagues [troops] understand the requirements of our [military]
profession--and measure up to them. * * *
`* * * when an individual exhibits personal negligence, misbehavior
(or disobedience), this is not a mistake! That is a crime, and crimes
are matters of serious concern for superiors.
`In short, if a service member willfully ignores standards, falsifies
reports, engages in inappropriate off-duty behavior, then we must
immediately take appropriate disciplinary action''--certainly that would
include hitting on teenage pages?
`* * * as a force, we must insist on disciplined and principled
behavior.
`When an individual fails to meet the higher standards expected of
[military] professionals, then we must hold him or her accountable and
document the offense in their records * * *.' And revisit it if provoked
again.
`Ours is not a ``have it your way'' kind of service. Members cannot be
allowed to pick and choose which aspects of our [Air Force] standards,
[Air Force] instructions, Defense Department directives or the Uniform
Code of Military Justice laws they will comply with.
`That would undermine the good order and discipline that is so crucial
to any outfit. If you are unwilling--to comply with our [Air Force]
standards; to embrace the values of our profession; to meet the unique
requirements of [military] service; or to accept the resulting limits on
individual behavior--then get out!
`Our responsibility for safeguarding America is far too important and
too critical to allow it to be jeopardized by those unwilling to measure
up.
``Mr. Speaker, I will revisit in my closing words three of those
powerful sentences and identify the flag officer who delivered them. Mr.
Speaker, no one believes that any Member of Congress is risking his or
her life by serving in the Senate or the House, so how dare we live by a
lower, a much lower, standard of ethics and professionalism than we
demand of our younger military men and women who serve under our
jurisdiction, and who do risk their very lives. A slim majority of
Members of Congress allow thousands of troopers of our 1st Armored
Division to be sent by Clinton into harm's way in Bosnia, and yet our
Congress ignores garbage like this `Cherry romp' of hedonism right here
down on Constitution Avenue. Our toleration of low standards here in
Congress is at the core of my challenge today. Our Federal buildings
must never, never be used to facilitate and glorify immorality. We in
Congress are culpable, for any immorality taking place on public
property in Washington, if we fail as custodians of these beautiful
citizen owned buildings. And what dangerous path are we following if we
dismiss the consequences of glorifying homosexuality here in Washington,
DC, our capital.
``My colleagues need only reflect on the lives of those Members of
Congress, past and present, who found, or still find, homosexuality
alluring, if not addictive. Three of our Members have died from AIDS.
Another barely escaped expulsion while suffering the dishonor of a
severe House censure for seducing a minor, i.e., the statutory rape of
that teenage page sent here by his parents in our care. And, by the way,
that young page was seduced on a codel to Spain. How was that outrage
put together? I've never heard of a page traveling with a domestic
congressional delegation let alone with an overseas congressional
delegation.
``Another Member was dishonored with a severe House reprimand for
sponsoring and using a pimp and is pitied by those who have a West Point
sense of honor. Both Members should have been expelled so as to maintain
the world's respect for our U.S. Congress, not to mention the Nation's
respect. Two other Members saw their careers ended by election defeats
after they were discovered trolling for teenagers at so-called hot
action bars, one of them a father of three teenagers. Even if they had
only hit on 18, 19, or even 20-year-olds, that is still ephebephilia.
Look the word up, Mr. Speaker. Ephebephilia, like pedophilia, is a
mortal sin of seduction, a transgression against teenage youths 18 and
19 years old. Study the decay of classical Greek culture. Then there are
four Members who stay in privacy but can never aspire to run for higher
office because the political leaders in their States know their secret.
``And then there was the Hill staffer who was fired from his very
first Federal job in 1979 for a homosexual affair with an administrative
assistant, his AA, bringing about the expected and usual collapse of
office morale due to favoritism. Their liaison even included a mock
honeymoon to Jamaica. This staffer returned a year and a half later as
an elected Congressman and had a 16-year run until his double life
became known. Now, although 15 years from retirement age, he can't run
for reelection, although he yearns to do so and would have ended up as
chairman of a major House committee.
``This list does not include several Members who are deep in privacy,
probably a credit to their good judgment. One of our Members from New
England claims they're all Republicans. He's quite a bloodhound, this
Member. And he periodically threatens to expose--out he calls it--these
4 or 5 Members--actually he claims 12 or more, if they don't vote the
way he insists on certain security risk issues. He also threatens to out
them if Chairman Dornan dares to hold hearings on whether people are a
security risk if they conceal scandalous personal secrets such as
alcoholism, financial chicanery, adultery, or bisexuality. Isn't that a
form of not-so-subtle blackmail, Mr. Speaker?
``Yes, my colleagues, homosexuality is sad, not happy or gay, even
when someone's career has brought them to these hallow Chambers.
``And why do we fear discussing, here in Congress, what spreads the
AIDS virus? How many will have died by mid-year 1996? Dr. C. Everett
Koop advises us to include AIDS death statistics about 20,000
individuals who succumbed to AIDS in the early eighties and whose
physicians, attempting to understandably avoid family embarrassment,
reported those deaths as the result of final condition such as cancer or
pneumonia, rather than report them as AIDS-related deaths. If we tally
those 20,000 in the aggregate total, then in just a few days, by June
30, 1996, 360,000 Americans, including more than 4,000 defenseless
children, will have died a horrible death brought about by an infectious
fatal venereal disease known by the bland sounding acronym, AIDS. Mr.
Speaker, World War II total combat deaths, total killed in action, were
292,131; U.S. AIDS deaths toll 360,000 and counting. U.S. Civil War
combat deaths, both sides, North and South because all combatants were
Americans, our War Between the States killed in action, 214,938; U.S.
AIDS 360,00 and counting. And all seven of our other wars from the
Revolutionary War, the War of 1812, war with Mexico, with Spain, World
War I, Korea through Vietnam, total killed in action, 143,346. That's 7
wars of KIA, 143,346; U.S. AIDS, 360,000 dead and counting. And the
death toll is far worse in Asia and Africa--worldwide over 5 million
dead, and counting. And this unparalleled killer has been
[[Page 1447]]
driven, in the United States, in the main, by homosexual behavior.
Except for those 4,000 defenseless children and the innocent victim
recipients of infected tissue or infected blood products, such as
hemophiliacs, it's conduct driven. And, except for, sadly, the innocent
victims of lying philanderers, who callously infected their unknowing
partners in the name of love. It's conduct driven.
``Mr. Speaker, how can I, a God-fearing American, a very lucky husband
of 41 years, a father of 5 stalwart, God-loving adult children, a
grandfather of 10--No. 11 is in the hanger--and a very hard-working
double House chairman who is trying his best to slow the AIDS death
toll, how could I possibly smear homosexual activists, as Mr. Gunderson
accuses, given what they've done and continue to do to themselves?
``In that June 2 Washington Post Magazine story, Mr. Gunderson
asserts, `[Dornan is] full of prejudice and hatred.' That one quote
alone would justify my point of personal privilege. And in another Post
attribution, apparently in the same breath, Mr. Gunderson muses, and I
quote, `Is [Dornan] dangerous? Sure. Because he can use passion to
intimidate and to roll over those who are unwilling or unable to stand
up to him.' Pathetic, Mr. Speaker. I pray for Steve Gunderson, and all
others who like my colleague, live on the edge, but I must fight back.
Mr. Gunderson's scurrilous charges have as their intent the destruction
of my reputation by branding my work in Congress as driven by the twin
evils of hatred and bigotry. Well, it won't work, because it's not in my
nature to allow lies to go unanswered. I went through jet pilot training
when Mr. Gunderson was 2 years old. I marched with Dr. Martin Luther
King when Mr. Gunderson was 12, and the next year, 1964, I put my life
on the line against bigotry. Mr. Speaker, in the 1800's, when immoral
dueling was commonplace, Mr. Gunderson would never have assaulted my
honor with such vile language. It's beyond butch, to coin a phrase.
``Mr. Speaker, the impact of casual sex propaganda and the
mainstreaming and in rare cases even the romanticizing of AIDS have had
a deadly effect upon our young, lately upon our very young, and that's
why I circulated the facts about the so-called circuit party weekend of
April 12, 13, and 14.
``As a point of fact, Mr. Speaker, the use of the word `cherry' has
nothing to do with our beautiful and famous blossoms, but rather it's
used for its sexual connotation as shown in these soft-core pornographic
ads for the 34 events. And take notice, in shock I hope, of the large
commercial, public shareholder corporations contributing to this sexual
license and gross irresponsibility--American Airlines, Starbucks Coffee,
Snapple, Miller Lite Beer, and Ben & Jerry's Ice Cream. I pray to God,
literally, that these corporate giants innocently followed the lead of
the Whitman-Walker Clinic, which, if it continues its propaganda and
irresponsibility, should be denied their steady diet of our tax dollars.
``Also, the use of the religious word `jubilee' is blatant sacrilege.
A jubilee is a 50-year celebration of forgiveness in the Hebrew faith,
and a `jubilee' is a 25-year celebration of joyful prayer in my Catholic
faith, that same Catholicism that is the No. 1 target of Actup, the
homosexual gestapo. No act of hatred or desecration is beyond the pale
for Act Up, including blasphemy and desecration of the Holy Eucharist,
inside churches.
``It is also my intent to reassert the truth regarding the April 13
Saturday dance, and, Mr. Speaker, we're not talking ballroom dancing
here, so that the real facts will not remain in question by anyone
misled by Mr. Gunderson about what really went on.
``Of course, this was not the first time this historic Federal
building has been desecrated during Clinton's tenure, as Mr. Gunderson
briefly conceded in his attack. When he referred to April 25, 1993, he
twice used the letters `S and M,' without explaining what the letters
stand for. What Mr. Gunderson referred to was a sadism and masochism
all-day freak show inside the stately Mellon. Someone, maybe some
Clinton toady, had authorized an all day leatherman, S and M open house,
with multiple displays of perversion including hard care pornography
slide shows promoting unsafe sodomy, maximum unsafe sodomy. Most of this
bizarre deviancy is quite foreign to average Americans. And all of that
1993 S and M madness was on a day when the Tailhook scandal tribulations
were expanding.
``During his May 14 attack, Mr. Gunderson associates me with two
honorable journalists, one of them a courageous African-American writer,
the other an excellent investigative reporter. Then he attacks both of
them as motivated by `hate and prejudice' and by the journalism of
`bigotry and prejudice.' In his attack, Mr. Gunderson invited the two
writers and me ``to come visit the victims of this (AIDS) disease''--
we've done that--so that we might, quote, `learn that these are not some
faceless pretty corpses,' but rather `sons, brothers, uncles, lovers,
and friends * * * and in increasing numbers also mothers, sisters, and
daughters.' Strangely, he left out dads, aunts, and, in the cases of two
of the Congressmen dead from AIDS, their prior roles as husbands and
fathers.
``It should comfort Mr. Gunderson to know, if truth is his real goal,
that this Member from California has forgotten more about the worldwide
medical impact of AIDS than the Member from Wisconsin has ever known.
And I might add, my colleagues say, I forget little, if anything.
According to the June 2 Post article, Mr. Gunderson has had four of his
six closest friends waste away and die from AIDS and another is HIV
positive. That's heartbreaking, but obviously he has kept these
tragedies within his inner circle and has never once publicly warned
anybody, young or adult, that the wages of promiscuity is death. He
certainly never warned anyone from this lectern. Does he defend the
Magic Johnson rationale that `I'm simply an innocent victim, and we're
all in this together, it's everybody's disease' or rather champion the
honorable approach of heavyweight prizefighter Tommy Morrison, who
stated through tears, `It's my fault. My conduct. My immoral behavior.
If I can save one young person from doing what I did and stop them from
becoming infected with this killing disease, then my suffering will not
be in vain.'
``Where was Mr. Gunderson or any other Member in 1986 when I pleaded
with colleagues to come to Paris with me to visit the Louis Pasteur
Clinic to investigate the exploding AIDS pandemic? Where were they when
I went to Geneva that year with my wife Sallie to learn all that we
could about this health nightmare by asking for extensive briefings at
the World Health Organization? How about visits to the Centers for
Disease Control in Atlanta? How many times has any Member, to gain AIDS
knowledge, visited the National Institutes of Health, just a short 20-
minute drive north from Capitol Hill to Bethesda, MD. I have made these
informative trips several times over the last decade, another to NIH
just last month.
``What did Mr. Gunderson do with his unjustified, Jim Wright-
initiated, 2 years worth of congressional pay raise back in 1989 and
1990? Which would now be illegal, by the way, since we passed James
Madison's 27th Amendment. Well, my 2 years of those raises went to AIDS
hospices.
``Mr. Speaker, I don't know what Mr. Gunderson does in his free time
to educate himself about the worldwide spread of AIDS, but I have been
carefully tracking this health nightmare for 13 years. Just last month I
visited the Armed Forces Medical Intelligence Center at Fort Detrick
where I received a startling and tragic update about the exponential
spread of AIDS worldwide.
``In just 3\1/2\ years from now, 60 million people will be HIV
infected and 12 million will be suffering with full-blown AIDS; sadly
most of them will die with little or no medical care. And dead? No one
knows for certain how many millions by 2000 A.D. I also learned the
following stunning, shocking medical fact: the military forces of
Zimbabwe are 75 percent infected. That means three out of every four
soldiers, three out of every four officers--will die of AIDS. Because of
this, Zimbabwe's forces are rejected permanently by the United Nations
for any future peacekeeping assignments, with at least six more nations
to be stigmatized any day now on a no-go list as, quote, `unacceptable
for peacekeeping duty.' Zimbabwe peacekeepers brought the specter of
AIDS infection and death to Somalia. How sad, death in the name of
peace, make love not war.
[[Page 1448]]
That means more pressure on our American, infection-free forces, to
travel worldwide on peacekeeping missions. Isn't that obvious, Mr.
Speaker? And it's a powerful reason to keep our military 100 percent
HIV/AIDS infection free, right, Mr. Speaker? A 100 percent no-AIDS
infected military is my proper goal as the chairman of Military
Personnel, and I take a lot of bovine scatology from the homosexual
lobby for my perfectly logical and fair legislation.
``Just 3 weeks ago I met once again with Dr. Toni Fauci, our hard-
working Immunology and Infectious Diseases Institute chief and one of
our very best researchers at NIH, to discuss a new, advanced HIV
treatment involving IL2, Interluken 2. It looks promising, Mr. Speaker,
just like proteus inhibitors, but it means more gutwrenching, extremely
tedious research with infected volunteers, who incidently told me they
felt lucky to be in this super expensive, but promising, life-extending
government research program. It won't be a cure however, but life
extending only. It's tragic how the networks constantly keep using the
word cure. Dr. Fauci says this is cruel and builds false hope. We pray
for a vaccine breakthrough, but a cure for someone once they're
infected--never. The micro-microscopic HIV stays inside the helper T-
cells until death.
``Where was Mr. Gunderson or any other Member of the 99th Congress
back in 1985 when I gave the first of almost 200 of my floor speeches
warning about the conduct that had contaminated our blood supply and was
beginning to spread the AIDS epidemic that year at a ferocious rate?
``Has Mr. Gunderson ever publicly discussed anywhere, unsanitary,
promiscuous behavior, or ever debated using infected needles and the
cross-contaminating of both cohorts? Where have these homosexual
activists been over the last 15 years? Other than telling us we're all
culpable, and all at risk, it's been business as usual. And there was no
behavior modification to speak of until the killing virus went pandemic.
Even then, many homosexual activists pushed, and still push, public
relations mumbo-jumbo instead of tried and true solid public health
policy. Thank God, that in the final care stage, and during the prior
`stage three' phrase, there are now thousands of homosexuals who are
working tirelessly and heroically to comfort and, yes, love, the ill,
with a pure philos love, a Christian love. God bless them.
``Mr. Speaker, you can tell my colleague from Wisconsin that, like
him, I've spoken with more young men before they died from AIDS than
most who serve here. When a person grows up and lifelong roots in
Manhattan and Beverly Hills, as I did and as I do, you will see in 10
years more tragedy involving drug abuse and fast-track, casual sex, than
you'll see in the wholesome dairylands of Wisconsin in 100 years. At
least until these not-so-gay-nineties.
``Now this District of Columbia is another story. Mr. Gunderson said
that the District has the largest concentration of HIV/AIDS positive
people in the country. True. Where was his voice of warning over the
last 16 years to stem or slow that AIDS growth right here where we work?
Since 1981, his first year in Congress, coincidently the year NIH
discovered and defined AIDS, he has offered no coherent public advice to
slow this plague. No tough love--mostly silence. No support for
heavyweight fighter Tommy Morrison's prayerful, humble plea for morality
in behavior. A call for abstinence? Hardly.
In fact, Mr. Speaker, it's interesting to note that over the last 10
years Mr. Gunderson has spoken on this House floor about AIDS only eight
times! Unbelievable for a self-proclaimed compassionate and caring man.
If you don't count a one-sentence-passing mention of AIDS in 1989, then,
amazing as it seems, his very first speech, and a short one at that, was
his annoying March 24, 1994, `Christian-second-to-none' speech. That's
only 2 years ago. Bob Dornan, on the other hand, has addressed this
Chamber on the subject of AIDS just under 200 times. That's Mr.
Gunderson's rate times 24. This speech today alone contains more
references to AIDS, both in quantity and quality, than Mr. Gunderson's
eight short speeches over his 16 years--all run together. And I repeat,
in 1985 I offered a successful and nearly unanimous amendment in this
House--1985, Mr. Speaker--11 years ago--to close disease-infested
unsafe-sex-with-multiple-strangers-bathhouses--those aforementioned
`Anvils' from hell that broke and slowly killed so many midnight cowboys
in New York City and San Francisco. Frankly, given this contrast in the
attention that we've both given to this tragic retro-various nightmare,
the widely used homosexual, protest bumper sticker `Silence Equals
Death' has special resonance. I have never been silent because I truly
believe in `tough love.' Meaningful compassion demands positive action.
``When Mr. Gunderson attacks my belief system on what constitutes
serious sin and what constitutes the corruption of youngsters through
bad example, he also attacks my religion. The Catholic Church and Pope
John Paul II are unrelentingly slandered by the top and the middle
management of the homosexual food chain. However, thanks to God's
unrelenting love, when death is near, its back to the arms of Holy
Mother Church. Dominus vobiscum. Just what does Mr. Gunderson really
know about my love for the dying or my empathy for human suffering?
Jesus died for sinners, actually for each individual sinner. I'm a
sinner--95 percent of us commit at least small sins on a pretty regular
basis. Every one of us, every day, with every suffering person can and
should say, `There but for the grace of God go I.' My motives are based
on compassion and on love for my fellow man, and a pure desire to defend
youth and children. I resent anybody out there who hides behind a facade
of `caring' just to fend off revelations exposing a narrow special
interest agenda. That's hypocrisy to the nth power.
``Just a few weeks ago in The Hill newspaper there was a brief story
about how some AIDS organization has made me their number one
legislative target for defeat this November. I wonder if these special
interest lobbyists bothered to check my voting record on AIDS research
and medical care funding.I know they did, and they found that I have a
100-percent record in support of AIDS funding for research and care. So
what could this AIDS group be thinking in targeting me? It's obvious.
There agenda does not have fundraising for AIDS as its primary concern.
Their priorities are driven by the activist homosexual agenda. They
can't stand it when I or anyone else tells the truth about the public
policy issues surrounding homosexual activism. The AIDS lobby rates the
votes of Members on bizarre issues like acceptance of this phoney spin-
off `bisexuality,' or total acceptance of homosexuality in every facet
of American life from adopting to scouting to Big Brothers, Inc., to the
sacrament of matrimony.
``Does every Member really truly, grasp the enormity of the suffering
that was involved as 360,000 Americans slowly wasted away with AIDS? I
can't fully absorb the enormity of that level of suffering. Who but a
handful among us in Congress, until my remarks today, knew that
worldwide, in just 3 years, 60 million people will be infected with the
AIDS virus? What a ghastly way to begin the third millennia! And this
calamity is behavior driven, conduct driven, no ifs, ands, or buts about
that harsh truth.
``Mr. Speaker, does any Member of this body know how much it costs to
care for an AIDS victim throughout their sickness from the first HIV
positive test until their death? In our advanced country, on the low
end, it's $119,000, and that's if they survive only 3 years or less. But
for several hundred patients in special government programs, it's over
$100,000 per year to fend off the beginning of full blown AIDS! And Mr.
Gunderson's friends claim the all-night scene at the Mellon Auditorium
raised a mere $50,000, actually $45,000? That's one-half of 1 year of
care for just one government patient who is only HIV positive. Not much
to brag about when the homosexual partying cost over an admitted
$80,000! And again, according to Mr. Gunderson, $14,000 was for the
lighting alone. I wonder did that include the multicolored rainbow
lighting of those magnificent Mellon Auditorium Doric columns along
Constitution Avenue?
``By the year 2000, the AIDS plague will have cost our national
economy about $107 billion. It has already cost us over $75 billion,
about $35 billion of that in research. Since 1986, insurance claims
involving AIDS have increased more than 400 percent totaling an
estimated $9.4 billion! Children orphaned
[[Page 1449]]
by AIDS will reach 4 million youngsters worldwide by the year 2000--
80,000 in the United States alone. That's 4 million innocent babies,
toddlers and other precious children of tender age left without both
parents!
``And homosexual publications like the Blade or the Advocate question
my motives--my passionate concern. How arrogant.
``Mr. Speaker, some of us read on the front page of the May 1st Wall
Street Journal many enlightening facts. Let me read one to you:
``A major study that was just being completed [in 1987] put
the average risk from a one-time heterosexual encounter with
someone not in a high-risk group at one in five million
without use of a condom, and one in 50 million for condom
users.
``That's beyond the odds of being struck by a lightning bolt. Let that
sink in--Most of us are more in danger of being hit by lightning than
being zapped by AIDS.
``I continue quoting the Wall Street Journal:
Homosexuals, needle-sharing drug users and their sex
partners, however, were in grave danger. A single act of anal
sex with an infected partner, or a single injection with an
AIDS tainted needle, carried as much as a one in 50 chance of
infection. For people facing these risks, it was fair to say
AIDS was truly a modern-day plague.
``There it is again, behavior is the driving malignant constant with
this plague.
``Mr. Speaker, let me repeat that Wall Street Journal conclusion,
`For people facing these risks, it was fair to say AIDS was truly a
modern-day plague.' For what people? For, quote, `homosexuals, needle-
sharing drug users and their sex partners.' The truth is, and honest
reporters have known this for years, AIDS simply is not, not,
everyone's disease. Is it a plague. Of course it is. Is it an epidemic,
an intercontinental pandemic? Beyond question. But it simply is not
everyone's disease.
``Mr. Speaker, let's apply some single logic. A thoughtful leader
from AIDS project Los Angeles told me just this week that if AIDS is
everybody's disease, it's nobody's disease! Is AIDS your disease? No.
Is AIDS my disease? No. How about all of the floor staff and clerks
around us? Most, probably not. How about all the entire membership of
Congress, all 535 of us? Now here's where we pick up a few at risk. I
was told some time ago that between the House and Senate there are HIV
infections, and that was with only about 50 or so Members ever having
been tested. If we include all of our staffers, about 30,000 on the
Hill, we'd probably pick up another handful or so who are infected. And
that's mainly because government work and big cities like the District
of Columbia attract to work here a disproportionate number of
homosexuals beyond the 1 percent to 2 percent estimates nationwide.
``Mr. Speaker, I'm sure you get my point. But what you may not
realize is that in making this point you have just stigmatized a small
percentage of our population as `high-risk for venereal disease,'
including AIDS, the only fatal sexual transmitted disease. Yes, my
friend, by accepting logical truth you too can be called a bigot, a
hater, or prejudiced. Those are the vile words which were hurled at me,
at an African-American columnist, at a hard working reporter, at my
friends at the Family Research Council, and at those who instinctively
believed Marc Morano's report about the illegal conduct at the Mellon
Auditorium.
``By the way, wouldn't it be equally scandalous to rent out this
architectural showpiece for a Hustler, Penthouse, or Playboy no-holds-
barred celebration of free-love with centerfold models in neon
underwear as bartenders * * * with or without the drug use, and with or
without the half naked gyrating, and with or without a crude name,
Screw Alley, for the arched, carriage entrance, east side courtyard?
``If I can have an animus toward the promotion of fornication and
adultery that's promoted in Hustler, why can I have an animus toward
homosexual glorification? I refer you to the Untied States Supreme
Court decision, Romer v. Evans, May 20, 1996. It is most timely and
very instructive.
``The decision didn't go the way I expected. Naturally, I stand with
Justice Scalias brilliantly logical and hard hitting dissent. Anthony
Kennedy's six Justice to three Justice opinion represents just a part
of the raging debate that involves Dornan and Gunderson and that is not
ricocheting around our Nation * * * a nation Rev. Graham says is ``on
the brink of self-destruction.''
``For example, homosexual pedophilia has cost my Catholic religion, a
faith I dearly love, over one and a half billion * * * billion * * *
dollars and counting. Those are tithing dollars, God's money, spent
trying to ease the pain and stem the outrage of the victims of clerical
homosexual pedophilia. Who is to blame? Besides the molesters
themselves to whom Jesus would take this belt to drive them from His
Father's house? Well, try the liberal rectors of Catholic seminaries
who decided years age to reject common sense and accept homosexuals who
merely promised to be good, or promised to try to be good. And how the
same type of prideful social experimenters are constantly shopping for
liberal judges trying to force homosexual acceptance on our military
forces.
``Pro-family folks, especially those in Colorado who crafted their
amendment 2, ought not to be discouraged by what I am about to explain,
but, sadly, Colorado's amendment 2 was imprecisely written and its
inexact wording is what allowed six Justices to choose process over
substance in handing down their majority opinion.
``Amendment 2 unfortunately used modern homosexual terminology. It
stated.
``No Protected Status Based on Homosexual, Lesbian, or
Bisexual Orientation. Neither the State of Colorado, through
any of its branches or departments, nor any of its agencies,
political subdivisions, municipalities or school districts,
shall enact, adopt or enforce any statute, regulation,
ordinance or policy whereby homosexual, lesbian or bisexual
orientation. conduct, practices or relationships shall
constitute or otherwise be the basis of or entitle any person
or class of persons to have or claim any minority status,
quota preferences, protected status or claim of
discrimination. This Section of the Constitution shall be in
all respects self-executing.
``The problem with language, Mr. Speaker, is the use of the terms
`orientation' and `class of persons.' And let me just say at this key
point, Mr. Speaker, that what I am about to explain, brightly
illuminated by this current Supreme Court decision, will lend itself a
resolution of the question before us today--that is, Mr. Gunderson
questioning of my motives and his attacks on my character.
``For the purposes of law, there is no such thing as homosexual
orientation. In law, it doesn't exist. In law, homosexuality is no more
and no less than a sex act. Loving friends living together for years
can be bonded by Philos love with never even a though of Eros love. So
under the law, you can't be H-O-M-O without the S-E-X-U-A-L any more
than under law you can be hereto without the sexual. This is a crucial
distinction in the law. Why? Because laws and public policies are based
on human actions, not the penumbra of orientations, or inclinations, or
tendencies, or temptations never acted upon * * * Not what goes on in
the thought processes of the human brain. Law involves conduct * * *
behavior * * * and, yes sometimes speech such as treason, libel, or
yelling fire and in a crowded enclosure.
``There are no laws against what a man thinks, nor will there ever be
in a truly free country. In the eyes of the law, thoughts don't rape or
molest. Desires don't sexually exploit another person or spread
disease. Only human actions can do those things. All of the
consequences pertaining to he behavior of male homosexuality center or
sex acts. In James Carvellian speak, it's the conduct, stupid.
``Unfortunately, Colorado's amendment 2 carries the term
`orientation' which allowed Justice Kennedy and five other Justices to
perpetuate the myth of some kind of innate homosexual personhood. I
don't have to tell you, Mr. Speaker, how ridiculously inane that notion
is. Imagine, if you will, some of the beautiful little babies
occasionally held in this parents arms up there in our gallery. * * *
Can anyone really make a scientific case that somehow those parents are
holding budding little bisexuals or cross dressers or pedophiles just
waiting for puberty to reveal their true sexual desires. But such
arguments are made
[[Page 1450]]
regularly, usually by homosexual scientists or homosexual doctors, and
are rarely, if ever, exposed as mostly psychobabble and pseudoscience--
certainly not by Newsweek or Time and the other liberal weekly news
magazines.
``Of course, the concept of orientation within amendment 2 led to the
inclusion of the expression `class of persons.' I shouldn't have to
spend too much time explaining this notion because the Supreme Court
has pointed out clearly through precedent that homosexual behavior is
not a protected class of activity. To fairly assume protected status,
homosexuality would have to be broadly viewed as politically
powerless--which is absurd--and immutable and unchangeable--equally
absurd given that a person can go from heterosexuality to homosexuality
and everything in between all in the timeframe of just one Cherry
Jubilee Weekend, even calling himself bi- or tri-sexual, or he can use
the offensive and corrupt new term `transgenerational.' And, lastly,
homosexuality would have to be viewed as a `protected status' which
usually means economically disadvantaged--this is perhaps the most
patently absurd concept of homosexuality, certainly in the United
States or in Europe.
``Including in the law the concepts of `orientation' and `class of
persons' spawned the legal death of Colorado's amendment 2. But the
argument with which I took greatest exception in the flawed Kennedy-
written majority decision, and the focus that is most relevant to this
question of privilege today, is his use of the words `animus' and
`animosity' to describe the motivation of the framers of amendment 2
and the 53 percent of Colorado voters who voted for the amendment--and
the beliefs of an overwhelming majority of Americans.
``Animus--this is the same charge that Mr. Gunderson has leveled at
me using rougher language in his floor speech, his `Dear Colleague,'
and the long, revealing, June 2 Washington Post Magazine puff piece. To
be specific again, he said that my effort in exposing the truth about
the `Cherry Jubilee Weekend' was just my `latest attempt to smear the
homosexual community,' that I'm motivated by hatred, a nastier word for
`animus,' not by a sincere desire to protect government property from
abuse and, of course, not by a sincere conviction that all Members of
Congress prevent our Government from giving bad example to the youth of
our Nation by sending them the destructive message that promiscuous
sex, hetero-homo-bi-tri or commune sex, is normal and healthy and
regularly allowed to showcase in our public buildings. I repeat, we
have learned the hard way that the wages of that sinful message are
death--360,000 deaths and counting.
``So Mr. Gunderson tells this Chamber, and the whole country through
C-SPAN, that my sole motivation is to smear. Let me read to you, Mr.
Speaker, what Justice Antonin Scalia wrote in his dissenting opinion
about this animus supposedly expressed by voters in Colorado who hold
traditional Judeo-Christian beliefs. Please apply all of the clarity of
Justice Scalia's thoughts to my situation here today.
``The Court's [majority] opinion contains grim,
disapproving hints that Coloradans have been guilty of
`animus' or `animosity' toward homosexuality, as thought hat
has been established as Un-American. Of course it is our
moral heritage that one should not hate any human being or
class of human beings. But I had thought that one could
consider certain conduct reprehensible--murder, for example,
or polygamy, or cruelty to animals--and could even exhibit
`animus' toward such conduct. Surely that is the only sort of
`animus' at issue here: moral disapproval of homosexual
conduct, the same sort of moral disapproval that produced
centuries-old criminal laws that we held constitutional in
Bowers [the 1986 case upholding Georgia's sodomy law and what
is still law in half of our states and in our Armed Forces'
`Uniform Code of Military Justice.'].
``Justice Scalia continues by writing in his opinion that `Coloradans
are ...entitled to be hostile toward homosexual conduct' and that the
`Court's portrayal of Coloradans as a society fallen victim to
pointless, hate-filled `gay-bashing' is so false as to be comical.'
Unquote. Comical, Scalia wrote. Mr. Speaker, he thought his opinion to
be so important that he took the time to read it aloud to the U.S.
Supreme Court, to read aloud his entire dissenting opinion which was
much longer than the majority opinion.
``Mr. Speaker, please reflect on Justice Scalia's carefully chosen
words. He is saying that you and I, and all Coloradans, are entitled--
he italicized this word in his opinion--`entitled to be hostile toward
homosexual conduct...' Not hostile toward any person, but hostile
toward the conduct. Only craven, cowardly bullies hurt or bash
individuals and they should be severely punished with the full force of
law. A law abiding citizen doesn't even physically abuse a guilty drunk
driver at an accident scene involving an injured child--and that's a
tough provocation. He makes a citizen's arrest and waits for the
police.
``So let me state for the record again, Mr. Speaker, before the
million plus interested citizens watching on C-SPAN, and not referring
to any individual in particular, . . . It's the conduct, stupid. And
Mr. Gunderson knows in his heart of hearts that if he were being
physically assaulted out on the street, Bob Dornan would be one of the
very first, if not the first, to defend and protect him even at risk of
my own life. If you doubt that, just ask Congressman Cunningham and
about half dozen of our Capitol Hill police officers.
``I, like most Americans, do have animus towards homosexual conduct .
. . and at the ostentatious in-your-face conduct that was exhibited at
the Cherry Jubilee group grope. In his floor statement, Mr. Gunderson
attempts to portray the homosexual conduct at the stately Mellon
Auditorium as a `gift of love, not a week-end of illegal activity.'
Even the remotest touch of common sense will tell any American, Mr.
Speaker, that the 8,160 square foot Mellon Federal auditorium, which is
bigger than the 7,600 square footage of this House chamber and almost
twice as big as the 4,300 square foot Senate chamber, when filled with
2,000-plus writhing, bumping and grinding, homosexuals, hundreds half-
naked, is anything but a `gift of love' . . . unless, of course, you
define lust as love--which is similar to a Member of Congress using
love as an excuse for responding to a male pimp's sex ad in the
homosexual Blade newspaper, an ad which was signed off by `Hot Bottom'
. . . face it, that's lust, not love.
``Just why would I have animus about a sleazy homosexual jamboree?
Fair question with a very easy answer. Again, Mr. Gunderson claimed the
Cherry Hop raised about $50,000. The truth is that it raised only
$45,000. But think about this, Mr. Speaker, if just one person after
that night of quote ``coping feels''--that's the term of an anonymous
columnist reporting on the hop for the homosexual Metro Weekly
newspaper and cited in The Washington Times--. . . after a night of
`coping feels' on that dance floor, if just one person, after furtively
sharing a little cocaine with an all-too-friendly same-sex tripper in a
latrine stall, if only that one person after the gala, back at a motel
or hotel shared the virus that keeps on giving--the fatal AIDS virus .
. . then . . . that mere $45,000 raised is but a drop in the bucket.
Why? Because it won't even cover a fraction of the cost that one single
AIDS patient will require throughout his medical decline and death.
``God demands compassion and prayers for the infected patient and for
the dying patient. Jesus commands it . . . `What you do for these, the
least of mine, you do for me.' Yes, of course, love and compassion. But
focused animosity is logical when directed at the behavior of the
arrogant risk-takers, those hell-bent-for-leather to put lust before
long life and therefore overload, if not bankrupt, our health systems.
Dr. Tony Fauci told me 3 weeks ago at NIH that many homosexuals now
become HIV positive because of mere frustration, mere annoyance at
having to avoid AIDS with less risky sex. So, mentally exhausted with
safer sodomy, they succumb to high risk lust with its inevitable fate.
Mr. Gunderson says that we `must not lecture one another,' quote, `if
there is to remain any element of mutual respect.' Unquote. Well if
lecturing is out, then I simply plead with young Americans at risk:
Stop hurting one another. Stop killing one another. Stop the
promiscuity. Stop the dangerous and unhealthy conduct. And stop holding
up homosexual conduct before the youth of our country as wholesome and
normal and healthy.
``Let met turn around another Gunderson insult: He accused me of
trying, quote, `to personally destroy those with whom (I) might
disagree' . . . we, who truly believe we are our
[[Page 1451]]
brother's keeper, . . . are not trying to destroy you risk-takers,
we're trying to save your immortal souls, and your mortal lives in the
measure.
``Mr. Speaker, let's address the central allegation of Mr.
Gunderson's May 14 floor speech; that I had a large hand in
intentionally `misrepresenting the facts' and intentionally `falsifying
information' surrounding the `Cherry Jubilee Weekend.' I repeat, he
actually used those false words `misrepresenting the facts' six times.
``For the record, Mr. Speaker, these salacious advertisements at my
side are exactly what I'm talking about when I criticize the melee at
the Mellon.
``The Cherry Jubilee Weekend consisted of three inclusive events;
First, a Friday, April 12, Welcome Party held primarily for this
homosexual circuit party's out of town guests, as the promoters at
Friends Being Friends have explained. The Welcome Party was advertised
as being held in two locations, or as the promoters say, two of
Washington's popular local hangouts, the homosexual bars Trumpets and
JR's. Mr. Speaker, I have here advertisements for these bars as printed
in the city's premier homosexual newspaper The Washington Blade. Note,
Mr. Speaker, alongside the ad with this naked male model is another ad
with a male homosexual dressed in women's lingerie for the bar
Trumpets. These bars were the starting point of Mr. Gunderson's gift of
love and love thy neighbor as yourself weekend. Mr. Speaker, please
think again at this point about Tailhook and the outrageous double
standard that we tolerate, especially given the code of honor we
Americans demand from our military, and the pathetically low standard
of ethics enforced here and in the Senate. Even Packwood avoided being
expelled for over a year, then he quit amid tearful goodbyes. Bye, bye,
Mr. Abortion.
``The second event of the Cherry Jubilee Weekend was the Main Event
held Saturday night and which ran until dawn Sunday morning. This was
the so-called dance at the surrealistically lighted Mellon. Mr.
Speaker, remember that the event's sponsors claim they spent $14,000
just on lighting--not the bright lights of a debutante's ball as
suggested by Mr. Gunderson--but the hypnotic, psychedelic lighting so
befitting the hedonism that it was partially illuminating?
``The third event comprising the package weekend was the Sunday
Recovery Brunch hosted by Mr. Gunderson in our House Rayburn Courtyard.
This function was initially advertised as being held in Mr.
Gunderson's, quote, `unique Agriculture Committee Room located inside
the Longworth House Office Building.' I assume Mr. Gunderson decided a
much larger site was needed.
``The Washington Blade newspaper wrote a post-mortem of these events,
quote, `Cherry Jubilee kicked off Friday, April 12, with a `Welcome
Cocktail Party' at Trumpets'--that's the 17th St. bistro advertised
here, Mr. Speaker, with this cowboy dressed in women's underwear. Back
to the Blade, `This was followed by a `Welcome Dance Party' at
Diversite, a 14th Street club. (The Washingtonian Magazine says it's
D.C.'s ``best bar for the scene.'') The `Main Event,' an all-night
dance attended by over 2,000 people, took place at the historic Andrew
W. Mellon Auditorium'' (note that even they say `historic' . . . and
it's straight across from the National Museum of American History on
America's number 1 boulevard, Constitution Ave. And, Mr. Speaker, the
Mellon's impressive front doors are exactly 106 paces across
Constitution, I personally paced it off, from the mammoth 1814 original
`Star Spangled Banner,' the actual thirty foot by thirty four foot Ft.
McHenry flag that inspired Francis Scott Key to write our National
Anthem, including the words, `. . . And this be our motto: In God we
trust!' Back to the Blade, quote, `The weekend wound down with the
`Capitol Hill Recovery Brunch' held at the Longworth House Office
Building foyer and patio from 1 to 6 pm,' unquote. (Actually the
Rayburn Courtyard.)
``The Blade continued its description of the weekend, `Cherry Jubilee
attracted people from as far away as Switzerland and San Francisco.'
Mr. Speaker, that's a reference to the traveling bi and homosexual so-
called `circuit party' crowd. One of the weekend's sponsors crowed, I
quote, ``Pretty much someone from every city came'
``That was a description of the weekend from one of their very own
newspapers, so let's be honest concerning what we're describing. And,
let's be very clear about something else . . . Most of Mr. Gunderson's
point of personal privilege was spent in criticizing and contradicting
the written report and video record of journalist Marc Morano, who was
an eyewitness of the Saturday night event. Accompanying Marc was
another reporter named Jerry. This character assassination of Mr.
Morano is phony and transparent from the start given that Mr. Gunderson
admitted early on that he, Gunderson, was nowhere near Saturday night's
``Main Event'' of hedonism.
``Contrary to what Mr. Gunderson speculated about Mr. Morano sneaking
in, Morano not only bought one ticket at the door, but actually bought
another ticket from a scalper for his assistant Jerry, who is obviously
a corroborative eyewitness. Why, Mr. Gunderson asks, didn't Mr. Morano
just proclaim up front why he was there with a video camera? Obviously,
he would have been thrown out, just as he was blocked from even
entering Mr. Gunderson's soiree in our Rayburn Courtyard the next day.
As it was, Marc was only able to shoot limited footage. Again, the
lighting was purposefully dim, as you can plainly see in this single
video still frame that I've had blown up from Mr. Morano's video report
just for inquiring minds and honest journalists.
``Parenthetically, Mr. Speaker, do you know what scene this blow up
reminds me of? The final scenes from the movie `The Ten Commandments.'
I can hear that unique voice-over narration of Cecil B. DeMille as he
paraphrased Exodus Chapter 32 with a touch of Leviticus. Mr. Speaker,
you may apply these words, if you choose, to the lapses of dignity at
the Tailhook disgrace, but they fit more accurately, times 100, the
degradation that disgraced our Capital at the Mellon Auditorium--
twice--April 1993 and April 1996.
The narration picks up after the Bible tells us Aaron `Let the people
run wild.' With reverent foreboding, C.B. DeMille narrates:
``They were as children who had lost their faith. They were
preverse and crooked and rebellious against God. They did eat
the bread of wickedness and drank the wine of violence. And
they did evil in the eyes of the Lord.
``On screen the young girl being sacrificed pleads, `Have you no
shame?' We hear that word `shame' applied to Christians quite often by
homosexual activists. How perverse.
``Scene up on Mount Sinai, God orders Moses, `Go, get thee down, for
thy people have corrupted themselves.'
``DeMille:
``And the people rose up to play. They were as the children
of fools and cast off their clothes. The wicked were like a
troubled sea whose waters cast up filth and dirt. They sank
from evil to evil and were viler than the earth. They had
become servants of sin. And there was manifest all manner of
ungodliness and works of the flesh. Adultery and
lasciviousness, uncleanness, idolatry, and rioting, vanity
and wrath. And they were filled with iniquity and vile
affections and Aaron knew that he had brought them to shame.
``Remember that Time magazine cover, `What Ever Happened to Shame?'
``By the way, Mr. Speaker, I know I speak for most Members when I
state that the only Moses we like to hear about on this House floor is
our Moses of Exodus, the Moses up there in the center place of honor on
our north wall, Moses in marble relief looking down on us. Hopefully to
inspire us. Moses the lawgiver, Moses of the Ten Commandments,
commandments, Mr. Speaker; not suggestions about matters like
infanticide and adultery and sodomy. Moses the Prophet. I am beyond
annoyance hearing on this floor about Herb Moses or Rob Morris. Why must
we hear about 45-year-old and fiftyish boy friends? I only know the
first names of about 20 spouses, and not the single maiden name of a
Member's spouse. Enough already with Rob and Herb's family values.
``Mr. Speaker, an important point. Mr. Gunderson was adamant that
there were no orange cones put out to stop public sodomy, but only to
warn of construction hazards. Well, Mr. Morano told me, and I personally
confirmed this on a visit to this impressive building, that the outside
orange construction cones were not for hazard
[[Page 1452]]
warning of construction work as Mr. Gunderson asserted, but were indeed
to ward off hard partyers seeking the remote and dark refuge of an
outside dead-end stairwell that they themselves dubbed `Screw Alley.'
Again, I personally observed that it is not an alley, but an elegant
arched side carriage entrance and courtyard--there is a courtyard
carriage entrance with handicap ramps on each side of the magnificent
auditorium. This is where much of the reported public urination was
taking place, right there next to our historic Constitution Avenue. The
two-carriage entrance courtyards were also the smoking sections for
multi-risk fast-laners. One eyewitness said that so many people were up
and down the dark stairwells that orange cones were set up by an APEX
rent-a-cop, to quote, `detour the traffic,' unquote. Mr. Speaker, there
was no construction work outside and certainly nothing ``constructive''
going on inside.
``In the course of his floor statement, Mr. Gunderson said, quote,
`Mr. Dornan uses an article to portray a recent series of events held in
this town, in Government buildings, as a party of numerous illegal
activities. Nothing could be further from the truth.' Unquote.
``So, to again use Mr. Gunderson's very words, `It's time to set the
record straight.'
``The very day after he delivered his statement, the Washington Times,
May 15, corroborated the charges of illegal drug activity independent of
reporter Marc Morano and his associate's eyewitness accounts. Illegal
drugs were used at the taxpayer-owned and GSA-operated historic Andrew
W. Mellon Auditorium. And, by the way, Mr. Speaker, Mr. Gunderson kept
saying the Commerce Department runs the Mellon. Another of his
misstatements. It's run by the General Services Administration. This
proves again that community lawyers or Whitman-Walker wrote his May 14
protestation.
``I met personally with the very professional lady who has been the
principal GSA supervisor there for over 10 years. She told me when she
came to the Mellon Sunday morning it was filthy, with mixed-drink-
sticky-slime covering most of the auditorium floor. She demanded and got
Whitman-Walker to pay for a cleaning crew on Sunday, at a triple
overtime rate.
``As for displays of public sex--who among the participants would come
forward and incriminate themselves? As for the one off-duty officer,
still unidentified and probably nonexistent, and the six APEX rent-a-
cops--wouldn't you expect six or seven people to be overwhelmed by
2,000-plus undulating and mock-humping revelers? And the fact remains
that, for many homosexuals, the attraction to partners who are strangers
for public sex is pathological. Here is a book, published by homosexual
press, for the sole and explicit purpose of leading willing participants
to semisecret hot spots across the Nation for public, homosexual sex.
This thick magazine is titled ``Steam'', Mr. Speaker. It says that there
is a European locations edition.
``And look at this thick magazine of depraved classified ads spun off
from the homosexual Advocate magazine, Mr. Speaker, most are offensive
ads for soliciting sex with strangers. The Advocate spun off this AIDS-
spreading depravity into a separate slick magazine so they could attract
political interviews like the one with Clinton this very month. A very
creepy mailed-in interview, by the way. Par for his course.
``No person in their right mind believes that 2,000 upscale
homosexuals gathered together in one place for all-night revelry, in
such an elegant, taxpayer-owned edifice, weren't pairing up for later
action.
``Just listen to Mr. Gunderson's own words, quote, `The sponsors
intentionally took steps to prevent even an atmosphere conducive to
illegal activity.' Unquote. This is definitely not standard party
protocol at your American Legion Hall dance or at any NCO Club dance or
a Kiwanis or Rotary Club night out. How about our own Capitol Hill Club?
Think Tailhook again, Mr. Speaker, and the price paid by heroic combat
pilots who have lost their careers. Why would Mr. Gunderson have to tell
us all of this, if these so-called homosexual circuit parties, drawing
thousands, weren't traveling, lust-liaisons known for their illegal drug
activities? Why would they need, as he describes it, quote,
`strategically placed security personnel,'? Or why would they need, as
Mr. Gunderson says, quote, `Three-foot-by-four-foot posters placed
throughout the auditorium and throughout the restrooms with the message:
``The possession or use of illegal substances is strictly prohibited.''
' Again, the infamous Tailhook mess did not require signs posted around
the Vegas Hilton. Why would these posters be needed to control partyers
described by Mr. Gunderson as--and the Speaker knows that I'm not making
this up, check the May 14th Record--`the love of God personified'
(pause) and a people whom, quote, `every conservative and every
Republican should applaud.' How Mr. Gunderson kept a straight face
through all of these sacrilegious comparisons I'll never know.
``It reminds me of their new and equally offensive gambit of referring
to an obsession with an unnatural sex act as a `gift from God.' What
small `g' god would that be, the god pan? What sacrilegious, errant
nonsense. This transparent propaganda is usually advanced by homosexual
clerics and phoney sex therapists of the `if-it-moves-mate-with-it'
school.
``Here's Mr. Gunderson's next claim: quote, `My sole role was to serve
as the congressional host for the Sunday Brunch by requesting a space in
my name.' Unquote.
``In press accounts, my self-appointed adversary repeatedly points out
that he was not a sponsor of the Cherry Jubilee Weekend. But just as
Justice Scalia writes about homosexual orientation versus homosexual
conduct, use of the words `host' versus `sponsor' is a `difference
without a distinction.'
``Again, as advertised, the Cherry Jubilee Weekend was three events in
one. To buy one ticket was to buy a Weekend Ticket, or a ticket to all
events. Not to mention that to buy a ticket, for whatever purpose, was
to give your money to the entire weekend's activities. Similarly, and a
clever politician such as Mr. Gunderson knows this, to host one event--
in other words, to let your name be officially used--is to lend your
name to the entire weekend `Jubilee' and to this offensive, pagan
advertising that you see beside me.
``Further, Mr. Gunderson left out some very interesting information
that our House Oversight Committee should look into. There are mandatory
House rules which specifically guide the use of Federal property on this
Hill--in this case, the Rayburn Courtyard where Mr. Gunderson's April 14
`Sunday Recovery Brunch' was held. That was it's actual name, a
`Recovery Brunch.' And isn't it fair to ask, `recovery' from what? Could
it be--oh I don't know--that devilish all night partying at the palatial
Mellon Auditorium, lasting for 9 hours from 9 p.m. until 6 a.m. in the
morning on the Lord's day?
``House regulations governing the use of our taxpayer-owned meeting
rooms state that these rooms, or space such as the Rayburn Courtyard,
`shall not be used for fundraising.' Well, Mr. Gunderson stated in his
words that fundraising was the entire purpose for the `Jubilee' which
included his Recovery Brunch, all on one E-ride ticket. Nor are our
rooms to be used for `entertaining tour groups.' Again, the `Cherry
Jubilee Weekend' was reported in the Washington, DC, city paper as part
of a traveling `homosexual circuit party.' Would that be a tour group,
Mr. Speaker? What do you think, Mr. Gingrich?
``And groups using our rooms are not permitted to charge an `admission
fee.' Mr. Gunderson stated in his floor speech that the Recovery Brunch
cost $25 per person. That's interesting, because one ticket for the
`Jubilee,' entitling a participant to brunch at Mr. Gunderson's
recovery, cost $100, not $25. Do you think, Mr. Speaker, that Brunch
sponsors were collecting last minute unofficial admission fees at the
door that Sunday afternoon? Who ran the accounting for that money
collection?
``Do you also think for a moment that if someone did not pay the
admission fee for the brunch they would have been allowed in, Mr.
Speaker? It simply does not compute.
``A guest list is required to be submitted by the sponsor of any event
when held during `off-hour periods,' such as Sundays. And events in the
Rayburn Courtyard are not allowed before 4 p.m. Was a list of attendees
submitted, Mr. Speaker? I doubt it. And
[[Page 1453]]
why was the event allowed to begin at 1 p.m., 3 hours before the
authorized hour of 4 p.m.? Was Mr. Gunderson given a waiver to go around
the rules this way? I doubt it. But if so, by whom?
``To those Members who may be toying with the thought that I'm
splitting hairs, let me remind you, Mr. Speaker, of the nature of the
procedural question of privilege involved here. Mr. Gunderson over and
over accused me of being the primary distributor of false information
and deliberate untruths.
``If the chair will recall, there was a previous Dornan-Gunderson dust
up here on the House floor 2 years ago. It was prompted by his self-
serving comment that he places himself among the Christian avatars in
Congress, and these are his exact words, quote, `I'm second-to-none-in-
quote-unquote, advocating Christian values around here' * * * here
meaning Congress. Some may recall my-truth-in-advertising response to
Mr. Gunderson's words. And now, in this latest go-round, here he is
again invoking Christianity, but this time implying that I am somehow
un-Christian, and implying that I and others were attacking defenseless
individuals whom Mr. Gunderson describes as `those in need of these
services'--meaning AIDS services.
``Specifically, he stated--and Mr. Speaker, I hope everyone will take
note of his exact words--`Cherry Jubilee represented the best of this
American tradition.' Then `Cherry Jubilee represented the best of the
American family.' And, a few sentences later, `Cherry Jubilee
represented the best of America's Judeo-Christian ethic.' Excuse me?
Give us struggling believers a break. I repeat his most offensive
statement. Mr. Gunderson states that the participants at Cherry Jubilee
`became the love of God personified.' `The love of God personified'! How
outrageously offensive! How sacrilegious! These odious comparisons make
the next weird comparison a belly laugh . . . . the half naked dancers
and prancers were, quote, `Newt's shining lights on a hill.' Unquote.
Are Newt's lights anything like Governor Winthrop's `shining city on a
hill'? I wonder if Winthrop is still spinning in his grave? He probably
hasn't stopped spinning since that infamous 1983 censure of the Member
from Plymouth Rock.
``Mr. Speaker, as I said I'm a grandfather who treasures the innocence
of American youngsters and I happily accept our `in loco parentis' role
with our idealistic young pages, so I will refrain from discussing
reporter Marc Morano's roughest descriptions of the so-called `love of
God personified.' But this picture gives us a tiny, tiny hint.
``And this still-frame from Marc Morano's video camera was taken very
early on the night of April 13. All I can say is, this is not my
American tradition or my American family. And this is sure as hell and
heaven not my Judeo-Christian ethic or code of ethics. This does not
represent the love of God, certainly not fear of the God of Abraham, the
Father of Jesus, or love in any faith that I've ever heard of. This is
pagan in every sense of that word. This is a bad rerun of worshiping
Molech and Belial.
``Mr. Speaker, the tension between me and the three revealed-by-
conduct homosexuals in this House is a reflection of the national debate
on our moral and spiritual decline. A debate that has tragically been
stifled, if not snuffed out completely, in the Democratic party.
Fortunately, it is still very much alive within my Republican Party and
it's raging white hot in many communities throughout our land. There can
be no compromise in this struggle * * * that is why so many faint-of-
heart Members in this institution want all moral issues, even partial-
birth infanticide abortions, to just go away! Even lazier and more
cowardly are those shallow fools who say, so what! I pity their children
in the love department. Unfortunately, a struggle over virtue and the
future of our Nation as a land of Godly people can only subside when one
side wins and the other side loses. And history tells us the battle will
wax and wane until the Second Coming.
``Mr. Speaker, I know what I am doing by upping the ante in this
hellacious fight. I know the danger it holds for me and for my very
large family, both politically and personally. But the stakes are to
high for anyone to remain on the sidelines who makes claim to a fighters
heart that is I pray brave. The stakes are thousands of human lives at
jeopardy * * * at jeopardy to the ravages of an irreversible, fatal
venereal disease and * * * far more heart-breaking, there are the souls
in jeopardy * * * the immortal souls. The stakes are also * * * our
beloved America, as we know it.
``One of our cockiest Members is fond of whining in exasperation `what
do all of these extremists have to fear from two people of the same sex
who love each other?
``Given that he undoubtedly is including me among his designated
`extremists,' I have an answer for him, from a pro-homosexual book, an
observation that both sides in the struggle should be able to accept.
``Homosexuality impinges on such questions as what it means to be male
or female, what can be considered sexual pathology, what the purposes of
sexuality are * * * thus homosexual relationships challenge the moral
and emotional basis for the way our culture deals with sexuality. Pretty
straightforward, Mr. Speaker.
``I would further add that there are many other reasons to oppose the
norming of the abnormal. Reasons such as respect for the desires of the
God of both the Old and New Testaments * * * or respect for the course
of nature itself or what Jefferson's Declaration calls `nature's God,'
or for the survival of the traditional family of one man and one woman
bound together in mutual respect and love, sacrificing their selfish
interests to procreate, nurture, and maintain what our founders called
`posterity,' i.e., all of our innocent children yet unborn. This is a
legacy that has been time-tested, for millennia, and by its very success
it is undeniably the proven path.
``The difference between philos love, which is the non-sexual bonding
of dear friends, and homosexuality is that the latter is grounded in a
sex act, and variations on that eros theme, in conduct that is defined
in that dictionary behind me as `sodomy,' and sodomy can never be
anything but a selfish, hedonistic, and impotent ritual that bears only
the lifeless fruits of disease and emotional distress. I pray for all
those, Mr. Speaker, who continue to chose a lifestyle and conduct, so
sad and so devoid of true happiness, of true gaiety, which is the joy of
life * * * joie de vivre * * * the gaiety that flows from God's love.
``Mr. Speaker, to our traditional friends who may be listening right
now--those who are often maligned and ridiculed in liberal media for
their constancy and courage in defending decency and virtue--Remember
that our forefathers paid a terrible price to win their liberty * * *
our liberty. It cost most their fortunes or and many their very lives,
but never their honor. Every tiny segment that we give up of our
standard of decency hastens the demise of our very basic freedoms.
Remember, we traditionalists fight to protect the entire spectrum of
moral living. Therefore, each political compromise forced upon us--each
traditional virtue that we surrender or even compromise--is a loss of
something we treasured and thus we are weakened for the next inevitable
confrontation. In the culture war in which we are engaged, we must
remind ourselves over and over that only a virtuous people can be a free
people. Remember Alexis de Tocqueville's insightful prediction, `As long
as America is good, America will be great.' Our Founders knew that well.
It is the nature of this struggle that we will always be on the
defensive. Do not feel discouraged or downhearted because we refuse to
be `positive' about sodomy or abortion-on-demand just to please liberal
reporters. The hard reality is that in this decency battle, the
hedonists win something every time we compromise, and the rest of us
lose a bit more of our virtue, another one of the foundations of our
freedom. Mr. Speaker, the unrelenting chipping away at moral tradition
by our adversaries succeeds only when we are complacent or when we
continue our delusionary trips to that big three-ring circus tent, a
tent that some want to be so large that it will allow practitioners of
any perversion to slither in and even be welcomed. Today the
Ephebephiles, heterosexual ephebephiles or homosexual ephebephiles,
tomorrow, Hello Pedophiles! Come on in, it's a very big tent.
[[Page 1454]]
``We, who know what objective truth is, must make a firm commitment
every day * * * to never, ever compromise in this intense conflict to
preserve a culture that is not just safe for children but for their
families * * * a culture with virtue, a culture that pleases God.
``And what possible claims can homosexual activists make toward
Christian loyalty. A true Christian must be able to say with
believability, `I try to walk in the footsteps of my Savior Jesus
Christ.' For someone to claim without shame, that the disgusting display
of hedonism at the majestic, publicly-owned Andrew W. Mellon Auditorium
had anything to do with Jesus Christ or his followers is to exercise raw
evil egotism. Dr. Billy Graham had it exactly right. We are `a nation on
the brink of self-destruction.' But we need not self-destruct nor commit
national suicide. Honest Abe Lincoln, at only age 38, warned us to steel
ourselves against national self-destruction.
``Mr. Speaker, let me repeat those words from a four-star general that
I used in my opening, `we must insist on disciplined and principled
behavior. * * * The majority of our members understand well that
integrity is essential in an organization where we count on fellow
members and that honesty is the glue that binds the members into a
cohesive team.
`` `And they easily take responsibility for their actions and exhibit
the courage to do the right thing.
`` `Yes, most professionals place service before self and willingly
subordinate personal interests for the good of their unit, the Air Force
and the Nation and, if called upon, are willing to risk their lives in
defense of the United States.'
``Thank you, General Ron Fogelman for inspiring me in a period when I
certainly find myself on a solo deep-strike recon mission.
``Mr. Speaker, true love will always protect the innocent. I will
always challenge the child corrupters, my shield is always the
chastening and fearful words of Jesus Christ in Matthew 18:6, `Whosoever
shall cause one of these little ones who believe in me to sin, it were
better for him that a millstone were hanged about his neck, and that he
were drowned in the depth of the sea'. . . . I will do a post mortem on
these matters, if I have to, in a Special Order, so as to clear up, with
the truth, any late breaking developments. Thank you for your attention,
Mr. Speaker, and may God truly bless and watch over our bountiful land.
I yield back the balance of my time, but I will never yield my sense of
decency.'.
para.82.19 welfare and medicaid reform
Mr. KOLBE submitted a privileged report (Rept. No. 104-651) on the
bill (H.R. 3734) to provide for reconciliation pursuant to section
201(a)(1) of the concurrent resolution on the budget for fiscal year
1997.
When said bill and report were referred to the Union Calendar and
ordered printed.
para.82.20 transportation appropriations
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 460
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3675) making appropriations for the Department of
Transportation and related agencies for the fiscal year ending September
30, 1997, and for other purposes.
Mr. BEREUTER, Chairman, resumed the chair; and after some time spent
therein,
FRIDAY, JUNE 28 (LEGISLATIVE DAY OF JUNE 27), 1993
para.82.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBERSTAR:
Page 11, line 17, before ``, of which'', insert the
following: ``(increased by $1,000,000)''.
Page 36, line 23, after the dollar amount, insert the
following: ``(decreased by $1,000,000)''.
It was decided in the
Yeas
193
<3-line {>
negative
Nays
212
para.82.22 [Roll No. 288]
AYES--193
Abercrombie
Andrews
Baesler
Baldacci
Ballenger
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chabot
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Ford
Frank (MA)
Frost
Furse
Gejdenson
Geren
Gonzalez
Goodling
Gordon
Green (TX)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
LaHood
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Poshard
Quillen
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Williams
Wilson
Wise
Woolsey
Wynn
NOES--212
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--28
Ackerman
Brewster
Bryant (TX)
Flake
Foglietta
Gephardt
Gibbons
Gutierrez
Hall (OH)
Hayes
Houghton
Jacobs
Lincoln
Linder
Martinez
McDade
Peterson (FL)
Smith (TX)
Solomon
Stark
Stockman
Taylor (NC)
Torricelli
Towns
Vucanovich
Weldon (PA)
Yates
Young (FL)
[[Page 1455]]
So the amendment was not agreed to.
para.82.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FILNER:
On page 23, line 16, insert the following after the word
``made'': ``in excess of $490,000''.
It was decided in the
Yeas
162
<3-line {>
negative
Nays
238
para.82.24 [Roll No. 289]
AYES--162
Abercrombie
Andrews
Baesler
Barcia
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Forbes
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
LaHood
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Maloney
Manton
Markey
Mascara
Matsui
McDermott
McHale
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Montgomery
Moran
Nadler
Neal
Oberstar
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Poshard
Rahall
Rangel
Reed
Richardson
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
NOES--238
Allard
Archer
Armey
Bachus
Baker (CA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Jones
Kasich
Kelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Martini
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (MS)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--33
Ackerman
Baker (LA)
Brewster
Bryant (TX)
Flake
Foglietta
Gephardt
Gibbons
Goodling
Gutierrez
Hall (OH)
Hayes
Houghton
Jacobs
Johnson, Sam
LaFalce
Lincoln
Linder
Martinez
McDade
Obey
Peterson (FL)
Smith (TX)
Solomon
Stark
Stockman
Taylor (NC)
Torricelli
Towns
Vucanovich
Weldon (PA)
Yates
Young (FL)
So the amendment was not agreed to.
para.82.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ANDREWS:
Page 55, after line 15, insert the following new section:
Sec. 406. (a) Limitation on Use of Funds for Certain
Surface Transportation Projects.--None of the funds made
available in this Act may be used to provide, or to pay the
salaries or expenses of Department of Transportation
personnel who provide, to a State more than $50,000 in
Federal assistance from the Highway Trust Fund (other than
the Mass Transit Account) for any surface transportation
project except when it is made known to the Federal official
having authority to obligate or expend such funds that--
At least 30 days before entering a contract or agreement
with a private business entity for the performance of work
usually performed by employees of a State under which the
State will obligate more than $50,000, the State has
conducted and submitted a cost-benefit analysis of the
project;
(2) the cost-benefit analysis includes a detailed
description of--
(A) the costs of labor;
(B) the costs of employer-provided fringe benefits;
(C) the costs of equipment or materials, whether supplied
by the State or private contractor;
(D) the costs directly attributable to transferring the
work being performed by State employees to a private business
entity;
(E) the costs of administering and inspecting the
contracted service; and
(F) the costs of any anticipated unemployment compensation
or other benefits which are likely to be paid to State
employees who are displaced as a result of the contracted
services; (3) the cost-benefit analysis includes an analysis
of whether it is more cost effective to use employees of a
private business entity than to use State employees to
perform the work required;
(4) the cost-benefit analysis is accompanied by an analysis
of the State's finances and personnel and an analysis of the
ability of the State to reassume the contracted service if
contracting of the service ceases to serve the public
interest;
(5) in the case of a contract or agreement described in
paragraph (1) that will result in a decrease in the amount of
work assigned to State employees, the cost-benefit analysis
demonstrates that--
(A) the contract or agreement will result in a substantial
cost savings to the State; and
(B) the potential cost savings of contracting of services
are not outweighed by the public's interest in having a
particular function performed directly by the State;
(6) at least 30 days before entering into a contract or
agreement described in paragraph (1), the State has submitted
a past performance history of the private business entity
contract or agreement, which includes--
(A) work performed for the State under contracts and
agreements described in paragraph (1) in the 5-year period
ending on the 45th day before the date of entry into the
contract or agreement;
(B) if no work was performed for the State under such
contracts and agreements during such 5-year period, then any
work performed for other States under contracts and
agreements described in paragraph (1) in such 5-year period;
(C) with respect to each contract or agreement to which
subparagraph (A) or (B) applies, the amount of funds
originally committed by the State under the contract or
agreement and the amount of funds actually expended by the
State under the contract or agreement; and
(D) with respect to each contract or agreement to which
subparagraph (A) or (B) applies, deadlines originally
established for all work performed under the contract or
agreement and the actual date or dates on which performance
of such work was completed;
(7) at least 30 days before entering into a contract or
agreement described in paragraph (1), the State has submitted
a copy of any performance bond or any similar instrument that
ensures performance by the private business entity under the
contract or agreement or certifies the amount of such bond;
(8) at least 30 days before entering into a contract or
agreement described in paragraph (1), the State has submitted
a political contribution history of the private business
entity with whom the State is entering into the contract or
agreement, which political contribution history lists all
political contributions the private business entity has made
to political parties and candidates for
[[Page 1456]]
political office in the 5-year period ending on the 45th day
before the date of entry into the contract or agreement; and
(9) not later than 5 days after submission of the cost-
benefit analysis and other documents under this section, the
public has been notified of the availability of the cost-
benefit analysis and other documents for public inspection,
an the analysis and other documents have been made available
for inspection upon request.
(b) Exceptions.--The limitation established by subsection
(a) shall not apply to any surface transportation project
when it is make known to the Federal official having
authority to obligate or expend the funds that--
(1) the project is a pilot project for a particular type of
work that has not previously been performed by the State and
is being undertaken to evaluate whether contracting for that
particular type of work can result in savings to the State;
or
(2) the analysis of the State's finances and personnel
under subsection (a)(4) demonstrates that the State cannot
perform the work with existing or additional departmental
employees because the work would be of such an intermittent
nature as to be likely to cause regular periods of
unemployment for State employees.
It was decided in the
Yeas
123
<3-line {>
negative
Nays
280
para.82.26 [Roll No. 290]
AYES--123
Abercrombie
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bonior
Browder
Brown (CA)
Brown (OH)
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
English
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green (TX)
Hastings (FL)
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lowey
Manton
Markey
Mascara
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Nadler
Neal
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Rangel
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Slaughter
Stupak
Thompson
Thornton
Torres
Traficant
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Williams
Wilson
Woolsey
Wynn
NOES--280
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Ehlers
Ehrlich
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manzullo
Martini
Matsui
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Souder
Spence
Spratt
Stearns
Stenholm
Studds
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Upton
Volkmer
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--30
Ackerman
Brewster
Bryant (TX)
Flake
Foglietta
Ford
Gephardt
Gibbons
Gutierrez
Hall (OH)
Hayes
Houghton
Jacobs
Lincoln
Linder
Martinez
McDade
Peterson (FL)
Smith (TX)
Solomon
Stark
Stockman
Stokes
Taylor (NC)
Torricelli
Towns
Vucanovich
Weldon (PA)
Yates
Young (FL)
So the amendment was not agreed to.
para.82.27 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. COLLINS of
Georgia:
Page 55, after line 15, insert the following new title:
TITLE V--ADDITIONAL GENERAL PROVISIONS
Sec. 501. None of the funds made available in this Act may
be used by the National Transportation Safety Board to plan,
conduct, or enter into any contract for a study to determine
the feasibility of allowing individuals who are more than 60
years of age to pilot commercial aircraft.
It was decided in the
Yeas
247
<3-line {>
affirmative
Nays
159
para.82.28 [Roll No. 291]
AYES--247
Abercrombie
Andrews
Bachus
Baesler
Baldacci
Barcia
Barr
Barrett (WI)
Barton
Becerra
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Bonilla
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Buyer
Calvert
Camp
Campbell
Cardin
Chambliss
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Durbin
Edwards
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flanagan
Forbes
Ford
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Furse
Gejdenson
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Green (TX)
Gutknecht
Hamilton
Hastings (FL)
Hefner
Hilliard
Hobson
Hoekstra
Holden
Hostettler
Hoyer
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaHood
Lantos
LaTourette
Lazio
Levin
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Moakley
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Nadler
Neal
Ney
Norwood
Oberstar
Obey
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pombo
Pomeroy
Porter
Poshard
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sawyer
Saxton
Schroeder
Schumer
Scott
Serrano
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Spratt
Stenholm
Stokes
Studds
Stupak
Tanner
Tate
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Traficant
Upton
[[Page 1457]]
Velazquez
Vento
Visclosky
Volkmer
Walker
Ward
Waters
Watt (NC)
Watts (OK)
Weller
Williams
Wilson
Wise
Wynn
Young (AK)
Zimmer
NOES--159
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bass
Bateman
Beilenson
Bereuter
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bono
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Canady
Castle
Chabot
Chenoweth
Christensen
Chrysler
Coburn
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
DeLay
Dickey
Dornan
Dunn
Ehlers
Ewing
Fields (TX)
Foley
Fowler
Frank (MA)
Franks (NJ)
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hinchey
Hoke
Horn
Hunter
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kim
Kingston
Klug
Knollenberg
Kolbe
LaFalce
Largent
Latham
Laughlin
Leach
Lewis (CA)
Lightfoot
Livingston
McCollum
McCrery
McHugh
McInnis
McIntosh
Metcalf
Mica
Miller (FL)
Mink
Molinari
Morella
Myrick
Nethercutt
Neumann
Nussle
Olver
Oxley
Packard
Paxon
Petri
Pickett
Portman
Pryce
Radanovich
Regula
Riggs
Rogers
Rohrabacher
Royce
Salmon
Sanders
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Skeen
Smith (WA)
Souder
Spence
Stearns
Stump
Talent
Tauzin
Thornberry
Tiahrt
Walsh
Wamp
Waxman
Weldon (FL)
White
Whitfield
Wicker
Wolf
Woolsey
Zeliff
NOT VOTING--27
Ackerman
Brewster
Bryant (TX)
Flake
Foglietta
Gephardt
Gibbons
Gutierrez
Hall (OH)
Hayes
Houghton
Jacobs
Lincoln
Martinez
McDade
Peterson (FL)
Smith (TX)
Solomon
Stark
Stockman
Taylor (NC)
Torricelli
Towns
Vucanovich
Weldon (PA)
Yates
Young (FL)
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. PETRI, assumed the Chair.
When Mr. BEREUTER, Chairman, pursuant to House Resolution 460,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 27, line 4, strike ``$460,000,000'' and insert
``$490,000,000''.
Page 53, after line 10, insert the following new section:
Sec. 340 (a) Compliance With Buy American Act.--None of the
funds made available in this Act may be expended by an entity
unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of American-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States, that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Page 55, after line 15, insert the following new title:
TITLE V--ADDITIONAL GENERAL PROVISIONS
Sec. 501. (a) Limitation on New Loan Guarantees for Certain
Railroad Projects.--None of the funds made available in this
Act may be used for the cost of any new loan guarantee
commitment for any railroad project, when it is made known to
the Federal official having authority to obligate or expend
such funds that such railroad project is an international
railroad project of the United States and another country, or
a railroad project in the United States in the vicinity of
the United States border with another country.
(b) Exception.--Subsection (a) shall not apply when it is
made known to the Federal official having authority to
obligate or expend such funds that--
(1) a comprehensive study has been conducted after the date
of the enactment of this Act regarding criminal activities
that have occurred on existing railroads of such type,
including--
(A) the use of such railroads to facilitate the smuggling
of illegal aliens and illegal drugs into the United States,
and the impact of such smuggling on the total number of
illegal aliens, and the total amount of illegal drugs,
entering the United States; and
(B) the commission of robberies against such railroads; and
(2) a detailed report setting forth the results of such
study has been issued and made available to the public.
Page 55, after line 15, insert the following new title:
TITLE V--ADDITIONAL GENERAL PROVISIONS
Sec. 501. None of the funds made available in this Act may
be used by the National Transportation Safety Board to plan,
conduct, or enter into any contract for a study to determine
the feasibility of allowing individuals who are more than 60
years of age to pilot commercial aircraft.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. PETRI, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
403
<3-line {>
affirmative
Nays
2
para.82.29 [Roll No. 292]
YEAS--403
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
[[Page 1458]]
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (WA)
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NAYS--2
Beilenson
Schroeder
NOT VOTING--29
Ackerman
Blute
Brewster
Bryant (TX)
Flake
Foglietta
Gephardt
Gibbons
Gutierrez
Hall (OH)
Hayes
Houghton
Jacobs
Lincoln
Martinez
McDade
Peterson (FL)
Smith (TX)
Solomon
Stark
Stockman
Taylor (NC)
Torricelli
Towns
Vucanovich
Waters
Weldon (PA)
Yates
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.82.30 further message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills and a
concurrent resolution of the House of the following titles:
H.R. 1880. An Act to designate the United States Post
Office building located at 102 South McLean, Lincoln,
Illinois, as the ``Edward Madigan Post Office Building''.
H.R. 2704. An Act to provide that the United States Post
Office building that is to be located at 7436 South Exchange
Avenue, Chicago, Illinois, shall be known and designated as
the ``Charles A. Hayes Post Office Building''.
H.R. 3364. An Act to designate the Federal building and
United States courthouse located at 235 North Washington
Avenue in Scranton, Pennsylvania, as the ``William J. Nealon
Federal Building and United States Courthouse''.
H. Con. Res. 192. Concurrent resolution providing for an
adjournment of the two Houses.
para.82.31 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. PETRI, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, June 26, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. PETRI, announced that the yeas had it.
So the Journal was approved.
para.82.32 designation of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. PETRI, laid before the House a
communication, which was read as follows:
Washington, DC
June 27, 1996.
I hereby designate the Honorable Constance A. Morella to
act as Speaker pro tempore to sign enrolled bills and joint
resolution through Monday, July 8, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.82.33 hour of meeting
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That when the House adjourns on Monday, July 8, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, July 9, 1996, for ``morning
hour'' debates.
para.82.34 hour of meeting
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, July 9, 1996, it
adjourn to meet at 9:00 o'clock a.m. on Wednesday, July 10, 1996.
para.82.35 order of business--recess
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That at any time on Wednesday, July 10, 1996, the Speaker may
declare a recess, subject to the call of the Chair, for the purpose of
receiving in joint meeting His Excellency Binyamin Netanyahu, Prime
Minister of Israel.
para.82.36 calendar wednesday business dispensed with
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
10, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.82.37 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. WATTS of Oklahoma, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Monday, July 8, 1996, the Speaker and Minority Leader be authorized to
accept resignations and to appoint commissions, boards and committees
duly authorized by law or by the House.
para.82.38 permission to file report
On motion of Mr. WATTS of Oklahoma, by unanimous consent, the
Committee on Small Business was granted permission until 4:00 p.m.,
Wednesday, July 3, 1996, to file a report on the bill (H.R. 3158) to
amend the Small Business Act to extend the pilot Small Business
Technology Transfer program, and for other purposes.
para.82.39 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 2437. An Act to provide for the exchange of certain
lands in Gilpin County, Colorado.
H.R. 3525. An Act to amend title 18, United States Code, to
clarify the Federal jurisdiction over offenses relating to
damage to religious property.
para.82.40 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HALL of Ohio, for today; and
To Mr. YATES, for today after 8:00 p.m..
And then,
para.82.41 adjournment
On motion of Mr. WATTS of Oklahoma, pursuant to the provisions of
House Concurrent Resolution 192, at 1 o'clock and 16 minutes a.m.,
Friday, June 28 (Legislative Day of Thursday, June 27), 1996, the House
adjourned until 12 o'clock noon on Monday, July 8, 1996.
para.82.42 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ARCHER: Committee on Ways and Means. H.R. 361. A bill
to provide authority to control exports, and for other
purposes (Rept. No. 104-605, Pt. 2). Referred to the
Committee of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Fraud and Abuse in Medicare and Medicaid: Stronger
Enforcement and Better Management Could Save Billions (Rept.
No. 104-641). Referred to the Committee of the Whole House on
the State of the Union.
Mr. SPENCE: Committee on National Security. H.R. 3308. A
bill to amend title 10, United States Code, to limit the
placement of U.S. forces under United Nations operational or
tactical control, and for other purposes (Rept. No. 104-642,
Pt. 1). Referred to the Committee of the Whole House on the
State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2560. A
bill to provide for conveyances of certain lands in Alaska to
[[Page 1459]]
Chickaloon-Moose Creek Native Association, Inc., Ninilchik
Native Association, Inc., Seldovia Native Association, Inc.,
Tyonek Native Corporation, and Knikatnu, Inc. under the
Alaska Native Claims Settlement Act; with an amendment (Rept.
No. 104-643). Referred to the Committee of the Whole House on
the State of the Union.
Mr. ROBERTS: Committee on Agriculture. H.R. 2670. A bill to
provide for the release of the reversionary interest held by
the United States in certain property located in the County
of Iosco, MI; with an amendment (Rept. No. 104-644). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. ROBERTS: Committee on Agriculture. H.R. 3387. A bill to
designate the Southern Piedmont Conservation Research Center
located at 1420 Experimental Station Road in Watkinsville,
GA, as the ``J. Phil Campbell, Senior Natural Resource
Conservation Center'' (Rept. No. 104-645). Referred to the
House Calendar.
Mr. HYDE: Committee on the Judiciary. H.R. 2925. A bill to
modify the application of the antitrust laws to health care
provider networks that provide health care services; and for
other purposes (Rept. No. 104-646). Referred to the Committee
of the Whole House on the State of the Union.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3458. A
bill to increase, effective as of December 1, 1996, the rates
of compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity
compensation for the survivors of certain disabled veterans
(Rept. No. 104-647). Referred to the Committee of the Whole
House on the State of the Union.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3643. A
bill to amend title 38, United States Code, to extend through
December 31, 1998, the period during which the Secretary of
Veterans Affairs is authorized to provide priority health
care to certain veterans who were exposed to agent orange or
who served in the Persian Gulf war and to make such authority
permanent in the case of certain veterans exposed to ionizing
radiation, and for other purposes; with amendments (Rept. No.
104-648). Referred to the Committee of the Whole House on the
State of the Union.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3673. A
bill to amend title 38, United States Code, to revise and
improve certain veterans programs and benefits, to authorize
the American Battle Monuments Commission to enter into
arrangements for the repair and long-term maintenance of war
memorials for which the Commission assumes responsibility,
and for other purposes (Rept. No. 104-649). Referred to the
Committee of the Whole House on the State of the Union.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3674. A
bill to amend title 38, United States Code, to clarify the
causal relationship required between a veteran's service-
connected disability and employment handicap for purposes of
determining eligibility for training and rehabilitation
assistance, to transfer certain educational assistance
entitlements from the Post-Vietnam Era Educational Assistance
Program to the Montgomery GI bill, and for other purposes
(Rept. No. 104-650). Referred to the Committee of the Whole
House on the State of the Union.
Mr. KASICH: Committee on the Budget. H.R. 3734. A bill to
provide for reconciliation pursuant to section 201(a)(1) of
the concurrent resolution on the budget for fiscal year 1997
(Rept. No. 104-651). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 248. A bill to
amend the Public Health Service Act to provide for the
conduct of expanded studies and the establishment of
innovative programs with respect to traumatic brain injury,
and for other purposes; with an amendment (Rept. No. 104-
652). Referred to the Committee of the Whole House on the
State of the Union.
Mr. ROBERTS: Committee on Agriculture. H.R. 3665. A bill to
transfer to the Secretary of Agriculture the authority to
conduct the census of agriculture; with amendments (Rept. No.
104-653 Pt. 1). Ordered to be printed.
Mr. ROBERTS: Committee on Agriculture. H.R. 3464. A bill to
make a minor adjustment in the exterior boundary of the
Devils Backbone Wilderness in the Mark Twain National Forest,
MO, to exclude a small parcel of land containing
improvements; with an amendment (Rept. No. 104-654, Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BLILEY: Committee on Commerce. H.R. 1514. A bill to
authorize and facilitate a program to enhance safety,
training, research, and development, and safety education in
the propane gas industry for the benefit of propane consumers
and the public, and for other purposes; with an amendment
(Rept. No. 104-655, Pt. 1). Ordered to be printed.
Mr. HYDE: Committee on the Judiciary. H.R. 2740. A bill to
protect sports fans and communities throughout the Nation,
and for other purposes; with an amendment (Rept. No. 104-656,
Pt. 1). Ordered to be printed.
para.82.43 time limitation of referred bill pursuant to rule x
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 1514. Referral to the Committee on Science extended
for a period ending not later than July 26, 1996.
H.R. 2740. Referral to the Committee on Commerce extended
for a period ending not later than September 6, 1996.
H.R. 3464. Referral to the Committee on Resources extended
for a period ending not later than June 27, 1996.
para.82.44 discharge of committee
Pursuant to clause 5 of rule X The Committee on International
Relations discharged from further consideration. H.R. 3308 referred to
the Committee on the Whole House on the State of the Union.
The Committee on Resources discharged from further
consideration H.R. 3464; referred to the Committee of the
Whole House on the State of the Union.
para.82.45 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SPRATT (for himself and Mr. McCollum):
H.R. 3730. A bill to take measures to protect the security
of the United States from proliferation and use of weapons of
mass destruction; to the Committee on National Security, and
in addition to the Committees on International Relations, and
the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CALVERT (for himself, Mr. Fazio of California,
Mr. Bono, Mr. Brown of California, Mr. Lewis of
California, Mr. Boucher, Ms. Rivers, Mr. Horn, and
Mr. Riggs):
H.R. 3731. A bill to amend the Federal Property and
Administrative Services Act of 1949 to authorize the transfer
to State and local governments of certain surplus property
for use for law enforcement or public safety purposes; to the
Committee on Government Reform and Oversight.
By Mr. CAMP (for himself, Mr. Upton, Mr. Smith of
Michigan, Mr. Knollenberg, and Mr. Chrysler):
H.R. 3732. A bill to authorize the State of Michigan to
implement the demonstration project known as To Strengthen
Michigan Families; to the Committee on Ways and Means.
By Ms. PELOSI (for herself, Mrs. Lowey, Mrs. Morella,
Mr. Hilliard, Mr. Boucher, Ms. Velazquez, Mr.
Bereuter, Mr. Hinchey, Mrs. Kennely, Mr. Farr, Mr.
Sabo, Mr. McDermott, Mr. LaFalce, Mr. Frank of
Massachusetts, Ms. Woolsey, Mrs. Clayton, Mr.
Faleomavaega, Mr. Markey, Mr. Evans, Mr. Romero-
Barcelo, Mr. Hastings of Florida, Mr. Frost, Mr.
Horn, Mrs. Johnson of Connecticut, Mr. Stark, Mr.
Owens, Mr. Durbin, Ms. Waters, Ms. Eshoo, Mr. Yates,
Mrs. Maloney, and Ms. Slaughter):
H.R. 3733. A bill to amend the Legal Services Corporation
Act to prescribe an income rule for determining if a client
who is a victim of domestic violence is eligible for
assistance; to the Committee on the Judiciary.
By Mr. KASICH:
H.R. 3734. A bill to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997.
By Mr. BEREUTER (for himself, Ms. Ros-Lehtinen, Mr.
Johnston of Florida, Mr. Houghton, Mr. Payne of New
Jersey, and Mr. Hastings of Florida):
H.R. 3735. A bill to amend the Foreign Assistance Act of
1961 to reauthorize the development fund for Africa under
chapter 10 of part I of that act; to the Committee on
International Relations.
By Mr. BLILEY (for himself, Mr. Hyde, Mr. Coburn, Mr.
Saxton, Mr. Zimmer, Mr. Klug, Mr. Barton of Texas,
Mr. Inglis of South Carolina, Mr. Whitfield, Mr.
Knollenberg, Mr. Upton, Mr. McHugh, Mr. Coble, Mrs.
Seastrand, Mr. Bilbray, Mr. Wolf, Mr. Hoke, Mr.
Pickett, Mr. Condit, Mrs. Meyers of Kansas, Mr.
Stockman, Mr. Ballenger, Mr. Burr, Mr. Gilman, Mr.
Horn, Mr. Oxley, Mr. Gallegly, Mr. Smith of Texas,
Mr. Laughlin, Ms. Molinari, Mr. Metcalf, Mr. Stearns,
Mr. Cooley, Mr. Buyer, Mr. Hayes, Mr. McKeon, Mr.
Chambliss, Mr. Green of Texas, Mrs. Chenoweth, Mr.
Barr, Mr. Davis, Mr. Calvert, Mr. Franks of
Connecticut, Mr. Riggs, Mr. Royce, Mrs. Myrick, Mr.
Fields of Texas, Mr. Sisisky, Mr. Packard, Mr.
Tanner, Mr. Goodlatte, Mr. Baker of Louisiana, Mrs.
Lincoln, Mr. Bateman, Mr. Bilirakis, Mr. Watts of
Oklahoma, Mr. Bunning of Kentucky, Mr. Dreier, and
Mr. Hayworth):
H.R. 3736. A bill to amend the Housing and Community
Development Act of 1974 to terminate the availability of
community development block grant amounts for States and
localities within such States that allow recovery of damages
for injuries suffered in the commission of a felony; to the
Committee on Banking and Financial Services.
By Mr. BRYANT of Tennessee (for himself and Mr.
Clement):
H.R. 3737. A bill to amend the Internal Revenue Code of
1986 to clarify the treatment of educational grants by
private foundations,
[[Page 1460]]
and for other purposes; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania:
H.R. 3738. A bill to reform the Federal unemployment
benefit system; to the Committee on Ways and Means.
By Mr. FALEOMAVAEGA:
H.R. 3739. A bill to amend title 49, United States Code, to
provide, without subsidy, for enhanced essential air service
to remote insular areas; to the Committee on Transportation
and Infrastructure.
By Mr. LAZIO of New York (by request):
H.R. 3740. A bill to consolidate the community and economic
revitalization and affordable housing programs of the
Department of Housing and Urban Development into two
performance funds, and for other purposes; to the Committee
on Banking and Financial Services, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
H.R. 3741. A bill to enhance the effectiveness of
enforcement provisions relating to single family and
multifamily housing, and for other purposes; to the Committee
on Banking and Financial Services, and in addition to the
Committees on the Judiciary, and Ways and Means, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
H.R. 3742. A bill to increase the flexibility of and to
streamline certain single family programs administered by the
Federal Housing Administration, to reform the single family
claims and property disposition procedures, and for other
purposes; to the Committee on Banking and Financial Services.
H.R. 3743. A bill to establish a single authority under
Title IV of the National Housing Act for rental and
cooperative housing with five or more units and for health
care facilities through consolidation of multifamily
programs, authorization of risk sharing programs with private
and public entities, and increased flexibility for FHA to
establish program operations; to make changes to the
multifamily housing programs designed for the elderly and
persons with disabilities; to extend certain provisions of
existing law; and for other purposes; to the Committee on
Banking and Financial Services.
By Mrs. MALONEY (for herself, Ms. Brown of Florida,
Mrs. Clayton, Mr. Clyburn, Mr. Dellums, Mr. Evans,
Mr. Frank of Massachusetts, Mr. Frost, Ms. Furse, Mr.
Gutierrez, Mr. Hinchey, Ms. Norton, Ms. Eddie Bernice
Johnson of Texas, Mr. LaFalce, Ms. McCarthy, Ms.
McKinney, Mrs. Meek of Florida, Mrs. Mink of Hawaii,
Mr. Nadler, Mr. Payne of New Jersey, Mr. Olver, Miss
Collins of Michigan, Mrs. Schroeder, and Ms.
Velazquez):
H.R. 3744. A bill to require the Attorney General to
promulgate regulations relating to gender-related
persecution, including female genital mutilation, for use in
determining an alien's eligibility for asylum or withholding
of deportation; to the Committee on the Judiciary.
By Mrs. Meyers of Kansas (for herself, Mr. Hoekstra,
Mr. Chrysler, Mr. Manzullo, Mr. Hilleary, Mr. Barcia
of Michigan, Mr. Hefley, Mr. Bartlett of Maryland,
Mr. Collins of Georgia, Mr. Oxley, Mr. Ehlers, Mr.
Taylor of North Carolina, Mr. Ballenger, Mr. Upton,
Mr. English of Pennsylvania, Mr. Coble, Mr.
Knollenberg. Mr. Calvert, Mr. Chambliss, Mr. Cramer,
Mr. Barr, Mr. Deal of Georgia, Mr. Linder, Mr.
Everett, Mr. Salmon, Mr. Stump, Mr. Baker of
Louisiana, Mr. Flanagan, and Mr. Quillen):
H.R. 3745. A bill to amend title 18, United States Code, to
minimize unfair competition for Federal contracting
opportunities between Federal Prison Industries and private
firms, especially small business concerns, and for other
purposes; to the Committee on the Judiciary.
By Mr. Kennedy of Massachusetts (for himself, Mr. Brown
of Ohio, Mr. Olver, Mr. Kennedy of Rhode Island, Mr.
Barrett of Wisconsin, Mr. Green of Texas, Mr.
Mascara, and Mr. Stark):
H.R. 3746. A bill to amend title IX the Public Works and
Economic Development Act of 1965 to make the development of
brownfield sites eligible for assistance; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Banking and Financial Services, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. Rangel:
H.R. 3747. A bill to amend the Internal Revenue Code of
1986 to encourage economic development through the creation
of additional empowerment zones and enterprise communities
and to encourage the cleanup of contaminated brownfield
sites; to the Committee on Ways and Means.
By Mrs. SCHROEDER (for herself and Mr. Markey):
H.R. 3748. A bill to amend certain Federal civil rights
statutes to prevent the involuntary application of
arbitration to claims that arise from unlawful employment
discrimination based on race, color, religion, sex, national
origin, age, or disability; and for other purposes; to the
Committee on Economic and Educational Opportunities, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. THOMAS (for himself, Mr. Riggs, and Mr. Herger):
H.R. 3749. A bill to amend the Internal Revenue Code of
1986 with respect to the treatment of crops destroyed by
casualty; to the Committee on Ways and Means.
By Mr. THORNBERRY:
H.R. 3750. A bill to permit the interstate distribution of
State-inspected meat under appropriate circumstances; to the
Committee on Agriculture.
By Ms. VELAZQUEZ (for herself, Mr. Owens, Mr. Nadler,
Mr. Conyers, Mr. Hilliard, Mr. Thompson, Mr. Evans,
and Mr. Johnston of Florida):
H.R. 3751. A bill to establish certain requirements for
managed care plans; to the Committee on Commerce.
By Mr. YOUNG of Alaska:
H.R. 3752. A bill to preserve the sovereignty of the United
States over public lands and acquired lands owned by the
United States, and to preserve State sovereignty and private
property rights in non-Federal lands surrounding those public
lands and acquired lands; to the Committee on Resources.
By Mr. GUNDERSON (for himself, Mr. Poshard, Mr.
Roberts, Mr. Stenholm, Mr. Bereuter, Mr. Bonilla, Mr.
Bunn of Oregon, Mr. Hillard, Mrs. Johnson of
Connecticut, Mrs. Lincoln, Mr. Payne of Virginia, Mr.
Williams, Mr. Baker of Louisiana, Mr. Barrett of
Nebraska, Mr. Boehlert, Mr. Boucher, Mr. Brewster,
Mr. Clinger, Mr. Combest, Mr. Condit, Mr. Cooley, Ms.
Danner, Mr. Ehlers, Mr. Evans, Mr. Fazio of
California, Mr. Hall of Texas, Mr. Johnson of South
Dakota, Mr. Klug, Mr. McHugh, Mr. Ney, Mr. Nussle,
Mr. Peterson of Minnesota, Mr. Rahall, Mr. Ramstad,
Mr. Sanders, Mr. Skelton, Mr. Stupak, Mr. Thornberry,
Mr. Walsh, and Mr. Whitfield):
H.R. 3753. A bill to amend the Social Security Act and the
Public Health Service with respect to the health of residents
of rural areas, and for other purposes; to the Committee on
Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. DIAZ-BALART:
H. Con. Res. 192. Concurrent resolution providing for an
adjournment of both Houses; which was considered and agreed
to.
By Mr. DeLay (for himself, Mr. Ballenger, Mr. Boehner,
Mr. Bliley, Mr. Burr, Mr. Chambliss, Mr. Clinger, Mr.
Crapo, Mr. Cunningham, Mr. Ewing, Mr. Hoekstra, Mrs.
Kelly, Mr. Knollenberg, Mr. Manzullo, Mr. McIntosh,
Mr. Mica, Mrs. Myrick, Mr. Saxton, Mrs. Vucanovich,
Mr. Gingrich, Mr. Barton of Texas, Mr. Kingston, Mr.
Zeliff, Mr. Royce, Mr. Wicker, Mr. Sam Johnson, Mr.
Pombo, Mr. Cox, Ms. Dunn of Washington, Mr. Roth, Mr.
Barr, Mr. Hastert, Mr. LaHood, Mr. Packard, Mr.
Allard, Mr. Heineman, Mr. Lewis of Kentucky, and Mr.
Armey):
H. Con. Res. 193. Concurrent resolution expressing the
sense of the Congress that the cost of Government spending
and regulatory programs should be reduced so that American
families will be able to keep more of what they earn; to the
Committee on Government Reform and Oversight.
By Mrs. MORELLA:
H. Con. Res. 194. Concurrent resolution establishing a
commission to study compensation and other personnel policies
and practices in the legislative branch; to the Committee on
House Oversight.
By Ms. Roybal-Allard (for herself, Mr. Matsui, Mrs.
Myrick, Ms. Woolsey, Mrs. Morella, Mrs. Clayton, Mrs.
Lowey, Ms. Lofgren, Mr. Hilliard, Mr. Kildee, Mr.
Green of Texas, Mrs. Kennelly, Ms. Brown of Florida,
Mr. Frank of Massachusetts, Mr. LaFalce, Mr. Farr,
Mr. McDermott, Ms. Slaughter, Mr. Ackerman, Mr.
Oberstar, Mr. Gonzalez, Mr. Romero-Barcelo, Mr.
Olver, Mr. Frazer, Mr. Sanders, Mr. Abercrombie, Mr.
Miller of California, Mr. Brown of California, Mr.
Hinchey, Mr. Stark, Mr. Owens, Mr. Filner, Ms.
Waters, Ms. Velazquez, Mrs. Maloney, and Mr.
Gutierrez):
H. Con. Res. 195. Concurrent resolution to express the
sense of the Congress that any welfare reform legislation
enacted by the Congress should include provisions addressing
domestic violence; to the Committee on Ways and Means, and in
addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. JOHNSTON of Florida:
H. Res. 468. Resolution relating to a question of the
privileges of the House; which was laid on the table.
[[Page 1461]]
By Mr. BAKER of California (for himself, Mr. Calvert,
and Mr. Lipinski):
H. Res. 469. Resolution to commend the patriotic citizens
of Remy, France, who honorably buried Lt. Houston Braly after
his heroic attack on a German munitions train on August 2,
1944; to the Committee on International Relations.
By Mr. GOODLING (for himself and Mr. McKeon):
H. Res. 470. Resolution expressing the sense of the
Congress that the Department of Education should play a more
active role in monitoring and enforcing compliance with the
provisions of the Higher Education Act of 1965 related to
campus crime; to the Committee on Economic and Educational
Opportunities.
para.82.46 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
231. By the SPEAKER: Memorial of the Legislature of Guam,
relative to Resolution No. 432 (LS) relative to
congratulating and commending Julita Cruz-Aviles for being
the first Chamorro woman appointed as Associate Director of
Policy, Office of the Under Secretary of Defense, U.S.
Federal Government; to the Committee on National Security.
232. Also, memorial of the Senate of the Commonwealth of
Pennsylvania, relative to Senate Resolution No. 138
memorializing Congress to approve legislative authorization
states to restrict the amount of solid waste they import from
other States; to the Committee on Commerce.
233. Also, memorial of the Legislature of the State of
California, relative to Assembly Joint Resolution 58 illegal,
undocumented alien prisoners; to the Committee on
International Relations.
234. Also, memorial of the General Assembly of the State of
New Jersey, relative to Assembly Resolution No. 99 requestion
the President and Secretary of State of the United States to
express disapproval of Norway for its commercial whaling
policies and for the raising of its quotas on minke whales;
to the Committee on Resources.
para.82.47 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 145: Mrs. Chenoweth and Mr. Stockman.
H.R. 163: Mr. Vento.
H.R. 263: Mr. Wilson.
H.R. 324: Mr. McHale.
H.R. 387: Mr. Campbell.
H.R. 491: Mr. Gillmor, Mr. Diaz-Balart, Mr. Spence, and Mr.
Weldon of Pennsylvania.
H.R. 777: Mr. LoBiondo.
H.R. 778: Mr. LoBiondo.
H.R. 779: Mr. Ganske.
H.R. 780: Mr. Ganske.
H.R. 820: Mr. Solomon, Mr. Frank of Massachusetts, Mr.
Jefferson, and Mr. McNulty.
H.R. 858: Mr. Riggs and Mr. Kennedy of Massachusetts.
H.R. 895: Mr. Stump, Mr. Clinger, Mr. Fazio of California,
Mr. Frelinghuysen, Mr. Hostettler, Mr. Weller, Mr. Weldon of
Pennsylvania, Mr. Engel, Mr. Boucher, Mr. Sanders, Mrs.
Thurman, Mr. Lipinski, Mr. Hoke, Mrs. Fowler, and Mr. Frisa.
H.R. 958: Mr. LoBiondo.
H.R. 1010: Mr. Fazio of California.
H.R. 1073: Mr. Condit and Mr. Sisisky.
H.R. 1074: Mr. Condit and Mr. Sisisky.
H.R. 1078: Mr. McCollum.
H.R. 1127: Mr. Shays.
H.R. 1226: Mr. Bereuter.
H.R. 1496: Mr. McCollum.
H.R. 1552: Mr. Zimmer.
H.R. 1656: Mrs. Schroeder.
H.R. 1950: Mr. Boehlert.
H.R. 2011: Mr. Bishop, Mr. Bonior, and Mr. Condit.
H.R. 2089: Mr. Horn and Mr. Manzullo.
H.R. 2185: Mr. Nadler, Mr. Faleomavaega, Ms. Slaughter,
Mr. Montgomery, Mr. Davis, and Mr. Greenwood.
H.R. 2209: Mr. LaFalce, Mr. Pete Geren of Texas, Ms.
Danner, Mr. Callahan, Mr. Ford, Mr. Berman, Mr. Jacobs, Mr.
McNulty, and Mr. Hastings of Florida.
H.R. 2244: Mr. Herger.
H.R. 2247: Mrs. Johnson of Connecticut, Mr. Kleczka, and
Mr. Sawyer.
H.R. 2270: Mrs. Kelly and Mr. Metcalf.
H.R. 2470: Mr. Lewis of Kentucky.
H.R. 2591: Mr. Bishop.
H.R. 2618: Mr. Dixon.
H.R. 2683: Mr. Skeen.
H.R. 2697: Mr. Cummings, Mr. Martinez, Mr. Manton, Ms.
DeLauro, and Mrs. Morella.
H.R. 2740: Mr. Calvert.
H.R. 2748: Ms. McKinney, Mrs. Schroeder, Ms. Norton, Mrs.
Kennelly, Mrs. Thurman, Mr. Levin, Ms. Eddie Bernice Johnson
of Texas, Mr. Pallone, Ms. Velazquez, and Mr. Jefferson.
H.R. 2757: Mr. Spence, Mr. Wise, and Mr. Norwood.
H.R. 2849: Mr. Boehlert, Ms. Slaughter, and Mr. Serrano.
H.R. 2875: Mr. LoBiondo.
H.R. 2900: Mr. Nethercutt and Mr. Ehrlich.
H.R. 2911: Mr. Weldon of Pennsylvania.
H.R. 2925: Mrs. Lincoln.
H.R. 2951: Mr. Gutierrez and Mr. Yates.
H.R. 2976: Ms. Brown of Florida, Mr. Hefley, and Mr.
Richardson.
H.R. 2984: Mr. Bartlett of Maryland.
H.R. 2985: Mr. Ewing, Mr. Walsh, Mr. Ney, Mr. English of
Pennsylvania, and Mr. Weller.
H.R. 3012: Mr. Campbell, Mr. Boucher, Mr. Baker of
California, Mr. Bliley, Mr. Baldacci, Mr. Metcalf, Mrs.
Seastrand, Mr. Quillen, Mr. Foglietta, Mr. Stark, and Mr.
Meehan.
H.R. 3077: Mr. Weldon of Pennsylvania, Mr. Hobson, and Mr.
Moran.
H.R. 3083: Mr. Dornan, Mr. Cox, Mr. Radanovich, Mr. Royce,
and Mr. Pombo.
H.R. 3114: Mr. Greenwood and Mr. Sawyer.
H.R. 3142: Mr. Barr.
H.R. 3173: Ms. Norton, Mr. Fawell, Mr. Torkildsen, and Mr.
Meehan.
H.R. 3187: Mr. Costello, Mr. Dellums, Mr. LaFalce, and Mr.
McHugh.
H.R. 3195: Mr. Chambliss, Mr. Klug, Mr. Wilson, Mr. Dickey,
and Mr. Campbell.
H.R. 3199: Mr. Thomspon, Mr. Frank of Massachusetts, Mr.
Parker, Ms. Norton, Mr. Chambliss, Mr. Montgomery, and Mr.
LaHood.
H.R. 3211: Mr. DeLay, Mr. Bereuter, and Mr. Hoke.
H.R. 3245: Ms. Norton.
H.R. 3260: Mr. Barton of Texas, Mr. Dickey, and Mr. Hayes.
H.R. 3263: Mr. Foley.
H.R. 3292: Ms. Pelosi.
H.R. 3307: Mr. Heineman, Mr. Buyer, and Mr. Gallegly.
H.R. 3337: Mrs. Johnson of Connecticut and Mr. Barrett of
Wisconsin.
H.R. 3338: Mr. Stenholm and Mr. Gillmor.
H.R. 3374: Mr. Stark.
H.R. 3395: Mr. Green of Texas.
H.R. 3396: Mr. Paxon.
H.R. 3449: Mr. Bryant of Texas.
H.R. 3452: Mr. Peterson of Minnesota.
H.R. 3486: Mr. Hansen.
H.R. 3496: Mr. Jefferson, Mrs. Morella, Mr. Hastings of
Florida, Ms. Furse, Mr. Baker of Louisiana, and Ms. Woolsey.
H.R. 3505: Mrs. Maloney.
H.R. 3520: Mr. Gordon and Ms. Roybal-Allard.
H.R. 3566: Mr. Stupak.
H.R. 3568: Mr. English of Pennsylvania, Mr. Borski, Mr.
Weldon of Pennsylvania, Mr. Goodling, Mr. Klink, Mr.
Kanjorski, Mr. Doyle, Mr. Mascara, Mr. McHale, Mr. Murtha,
and Mr. Greenwood.
H.R. 3580: Mr. Spence, Mr. Hayworth, and Mr. Hastings of
Washington.
H.R. 3622: Mr. Rohrabacher, Mr. White, and Mr. Paxon.
H.R. 3645: Ms. Norton, Ms. Kaptur, Mr. English of
Pennsylvania, Mrs. Clayton, Mr. Ehlers, and Mr. Kildee.
H.R. 3654: Mr. Young of Alaska, Mr. Gephardt, Mr. Everett,
and Ms. DeLauro.
H.R. 3665: Mr. Farr.
H.R. 3688: Mr. Lipinski.
H.R. 3715: Mrs. Meyers of Kansas, Mrs. Mink of Hawaii, Mrs.
Maloney, Ms. Norton, and Mr. Gutierrez.
H.R. 3725: Mr. Hamilton, Mr. Dellums, and Ms. McKinney.
H.R. 3727: Mr. Fields of Louisiana, Mr. Royce, Mr. Blute,
and Mr. Vento.
H. Con. Res. 10: Mr. Kildee.
H. Con. Res. 135: Mr. Saxton, Mr. Yates, Mr. Horn, and Mr.
Moran.
H. Con. Res. 179: Mr. Faleomavaega, Mr. Funderburk, Mr.
Dornan, and Ms. Lofgren.
H. Con. Res. 184: Mr. Faleomavaega, Ms. Norton, Mr. Evans,
and Mr. Engel.
H. Con. Res. 190: Mr. Frost, Mr. Doyle, Mr. Zimmer, and Mr.
Rohrabacher.
H. Res. 452: Mr. Packard.
H. Res. 461: Mr. Boehner, Mr. Gilman, Mr. Royce, and Mr.
Spence.
para.82.48 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII sponsors were deleted from public bills
and resolutions as follows:
H.R. 1462: Mr. Poshard.
H.R. 1972: Mr. Luther.
.
MONDAY, JULY 8, 1996 (83)
para.83.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Ms. GREENE,
who laid before the House the following communication:
Washington, DC,
July 8, 1996.
I hereby designate the Honorable Enid Greene to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.83.2 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Thursday, June 27, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.83.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3925. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sheep Promotion, Research, and Information Program (Docket
No. LS-96-004 FR) received June 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3926. A letter from the Congressional Review Coordinator,
Animal and Plant Health
[[Page 1462]]
Inspection Service, transmitting the Service's final rule--
Viruses, Serums, Toxins, and Analogous Products; Marek's
Disease Vaccines [APHIS Docket No. 94-046-2] received July 2,
1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to the Committee on
Agriculture.
3927. A letter from the Acting Architect of the Capitol,
transmitting the report of all expenditures during the period
October 1, 1995 through March 31, 1996, pursuant to 40 U.S.C.
162b; to the Committee on Appropriations.
3928. A letter from the Assistant Secretary, Department of
Education, transmitting notice of final priorities for fiscal
year 1996--Safe and Drug-Free Schools and Communities Federal
Activities Grants Program (Drug and Violence Prevention),
pursuant to 20 U.S.C. 1232(f); to the Committee on Economic
and Educational Opportunities.
3929. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for the Safe and Drug-Free Schools and Communities Federal
Activities Grants Program (Drug and Violence Prevention),
pursuant to 5 U.S.C. 801(a)(1)(B); to the Committee on
Economic and Educational Opportunities.
3930. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for the Safe and Drug-Free Schools and Communities Federal
Activities Grants Program (Hate Crimes Prevention), pursuant
to 5 U.S.C. 801(a)(1)(B); to the Committee on Economic and
Educational Opportunities.
3931. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Triphenyltin Hydroxide;
Tolerance Revision (FRL-5381-4) (RIN: 2070-AB78) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3932. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Title V Clean Air Act
Final Interim Approval of Operating Permits Program; Permits
Program; Maryland (FRL-5530-4) received June 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3933. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Control Strategy: Ozone
(03); Tennessee (FRL-5529-3) received June 28, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3934. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Requirements for
Preparation, Adoption, and Submittal of Implementation Plan
(FRL-5531-6) (RIN: 2060-AS01) received June 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3935. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval of State
Programs and Delegation of Federal Authorities (FRL-5531-3)
received July 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3936. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Land Disposal
Restrictions Phase III--Decharacterized Wastewaters,
Carbamate Wastes, and Spent Potliners (RIN-2050-AD38)
received July 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3937. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Final Rule Making
Findings of Failure to Submit Required State Implementation
Plans for Nonattainment Areas of Ozone (FRL-5536-1) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3938. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Registration of Fuels
and Fuel Additives: Minor Changes to the Testing Requirements
for Registration (FRL-5532-4) received July 8, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3939. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plan for Monterey Bay Unified
Air Pollution Control District (FRL-5524-2) received July 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
3940. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Tolerance for
1-[[2-(2,4-Dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]
methyl]-1H-1,2,4-triazole (FRL-5381-7) (RIN: 2070-AB78)
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3941. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rules--Amendment to Parts 20 and 24 of the Commission's
rules--Broadband PCS Competitive Bidding and the Commercial
Mobile Radio Service Spectrum Cap [WT Docket No. 96-59] and
Amendment of the Commission's Cellular/PCS Cross-Ownership
Rule [GN Docket No. 90-314] received June 28, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3942. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--National Exchange Carrier Association Proposed
Modifications to the Interstate Average Schedule Formulas
(AAD 96-2) received June 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3943. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Federal-State Joint Board on Universal Service
[CC Docket No. 96-45] received June 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3944. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Part 95 of the Commission's Rules to
Allow Interactive Video and Data Service Licensees to Provide
Mobile Service to Subscribers [WT Docket No. 95-47] received
June 28, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
3945. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--1996 Annual Access Tariff Filings; National
Exchange Carrier Association Universal Service Fund and
Lifeline Assistance Rates; NYNEX Telephone Company Petition
to Advance the Effective Date of the 5.3 X-Factor to January
1, 1995 (Transmittal No. 70) received June 26, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3946. A letter from the Director, Regulations Policy
Management Staff, Food and Drug Administration, transmitting
the Administration's final rule--Medical Devices;
Humanitarian Use Devices; Final Rule [Docket No. 91N-0404]
(RIN: 0910-AA09) received July 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3947. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the transfer of defense articles or defense
services sold commercially to Egypt (Transmittal No. DTC-29-
96), pursuant to 22 U.S.C. 2776(c); to the Committee on
International Relations.
3948. A communication from the President of the United
States, transmitting his annual report reviewing all
activities of U.S. Government departments and agencies during
calendar year 1995 relating to the prevention of nuclear
proliferation, pursuant to 22 U.S.C. 3281(a); to the
Committee on International Relations.
3949. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
3950. A letter from the Deputy Director for Operations and
Benefits, District of Columbia Retirement Board, transmitting
the financial disclosure statement of a board member,
pursuant to D.C. Code, section 1-732 and 1-734(a)(1)(A); to
the Committee on Government Reform and Oversight.
3951. A letter from the Administrator, Agency for
International Development, transmitting the semiannual report
on activities of the inspector general for the period October
1, 1995 through March 31, 1996, and the semiannual report on
audit management for the same period, pursuant to 5 U.S.C.
app. (Insp. Gen. Act) section 5(b); to the Committee on
Government Reform and Oversight.
3952. A letter from the Chairman, Federal Housing Finance
Board, transmitting the Board's management report for the
period ending December 31, 1995, pursuant to Public Law 101-
576, section 306(a) (104 Stat. 2854); to the Committee on
Government Reform and Oversight.
3953. A letter from the Inspector General, General Services
Administration, transmitting the Office's audit report
register for the period ending March 31, 1996, pursuant to 5
U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee
on Government Reform and Oversight.
3954. A letter from the Chairman, President and CEO,
National Railroad Passenger Corporation, transmitting the
semiannual report on activities of the inspector general for
the period October 1, 1995, through March 31, 1996, pursuant
to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to the
Committee on Government Reform and Oversight.
3955. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Pay Under
the General Schedule; Termination of Interim Geographic
Adjustments (RIN: 3206-AH09) received July 1, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Government
Reform and Oversight.
3956. A letter from the Secretary of Defense, transmitting
the semiannual report on activities of the inspector general
for the period October 1, 1995, through March 31, 1996,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to
the Committee on Government Reform and Oversight.
3957. A letter from the Assistant Secretary, Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule--Final Rule To Allow for the
Extension of the Bid Acceptance/Rejection Time Period (RIN:
1010-AC18) received June 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3958. A letter from the Director, National Marine Fisheries
Service, transmitting the Service's final rule--Fisheries of
the North
[[Page 1463]]
eastern United States [Docket No. 960612172-6172-01] (RIN:
0648-AI21) received July 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
3959. A letter from the Program Managment Officer, National
Marine Fisheries Service, transmitting the Service's final
rule--Fisheries off West Coast States and in the Western
Pacific [Docket No. 960614176-6176-01] (RIN: 0648-AI18)
received July 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
3960. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Oceanic and
Atmospheric Administration, transmitting the Administration's
final rule--Groundfish of the Bering Sea and Aleutian Islands
Area; Pacific Cod by Vessels Using Trawl Gear [Docket No. 96-
129019-6019-01, I.D. 062196C] received July 8, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
3961. A letter from the Attorney General of the United
States, transmitting the annual report on the operations of
the private counsel debt collection project for fiscal year
1995, pursuant to 31 U.S.C. 3718(c); to the Committee on the
Judiciary.
3962. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Fees Assessed for Defaulted Payments (RIN: 1115-AD92)
received July 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on the Judiciary.
3963. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Acquisition of Citizenship; Equal Treatment of Women in
Conferring Citizenship on Children Born Abroad (RIN: 1115-
AD75) received July 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
3964. A letter from the National Council on Radiation
Protection and Measurements, transmitting the 1995 annual
report of independent auditors who have audited the records
of the National Council on Radiation Protection and
Measurements, pursuant to Public Law 88-376, section 14(b)
(78 Stat. 323); to the Committee on the Judiciary.
3965. A letter from the General Counsel, National Tropical
Botanical Garden, transmitting the annual audit report of the
National Tropical Botanical Garden, calendar year 1995,
pursuant to Public Law 88-449, section 10(b) (78 Stat. 498);
to the Committee on the Judiciary.
3966. A letter from the Assistant Secretary of the Army
(Civil Works), transmitting a draft of proposed legislation
entitled the ``Water Resources Development Act of 1996''; to
the Committee on Transportation and Infrastructure.
3967. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Navigational Safety Equipment for Towing Vessels (U.S. Coast
Guard) (RIN: 2115-AE91) received July 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3968. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Technical Amendments; Organizational Changes; Miscellaneous
Editorial Changes and Conforming Amendments (U.S. Coast
Guard) (RIN: 2115-AF33) received July 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3969. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Macy's 1996 Fourth of July Fireworks, East River, New York
(U.S. Coast Guard) (RIN: 2115-AA97) received July 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3970. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River (U.S.
Coast Guard) (RIN: 2115-AA97) received July 1, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3971. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Heritage of Pride Fireworks Display, Hudson River, NY (U.S.
Coast Guard) (RIN: 2115-AA97) received July 1, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
3972. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Kentucky Drag Boat Association Races Green River Mile 70.0-
71.5, Livermore, KY (U.S. Coast Guard) (RIN: 2115-AE46)
received July 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
3973. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
100th Anniversary of Fort Hancock's Fireworks Display, Sandy
Hook Bay, NJ (U.S. Coast Guard) (RIN: 2115-AA97) received
July 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
3974. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; La Grande, Oregon (Federal
Aviation Administration) [Docket No. 96-ANM-008] (RIN: 2120-
AA66) received July 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3975. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Jackson, WY (Federal
Aviation Administration) [Docket No. 96-ANM-004] (RIN: 2120-
AA66) (1996-0079) received July 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3976. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Abilene, KS and
Independence, KS (Federal Aviation Administration) [Docket
No. 96-ACE-4] (RIN: 2120-AA66) (1996-0080) received July 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3977. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland DHC-8-301, -311, and -
315 Series Airplanes (Federal Aviation Administration)
[Docket No. 96-NM-268-AD] (RIN: 2120-AA64) received July 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
3978. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Leather Tanning and
Finishing Effluent Limitations Guidelines Pretreatment
Standards New and Existing Sources [FRL-5527-4] (RIN: 2040-
AC48) received June 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
3979. A letter from the Director, Office of Regulations
Management, Department of Veterans' Affairs, transmitting the
Department's final rule--Reestablishing Rulemaking Procedures
(RIN: 2900-AI32) received June 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
3980. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Weighted Average Interest Rate Update (Notice 96-36) received
July 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
3981. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Low
Income Housing Credit (Revenue Ruling 96-33) received July 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
3982. A letter from the Administrator's of Federal Aviation
Administration and National Aeronautics and Space
Administration, transmitting a joint report to Congress on
the progress being made under the Subsonic Noise Reduction
Technology Program, fiscal year 1995, pursuant to 49 U.S.C.
app. 1353 note; jointly, to the Committee on Science and
Transportation and Infrastructure.
para.83.4 election of speaker pro tempore
Mr. LIVINGSTON called up the following privileged resolution (H. Res.
471):
Resolved, that the Honorable Enid Greene, a Representative
from the State of Utah, be, and she is hereby, elected
Speaker pro tempore through Wednesday, July 10, 1996.
Sec. 2. The Clerk of the House shall notify the President
and the Senate of the election of the Honorable Enid Greene
as Speaker pro tempore during the absence of the Speaker.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent laid on the table.
Accordingly,
The oath of office was then administered to Ms. Greene by Mr.
Livingston.
Ordered, That the Clerk notify the Senate thereof.
para.83.5 permission to file report
On motion of Mr. LIVINGSTON, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 104-659) on the bill (H.R. 3755) making
appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending
September 30, 1997, and for other purposes.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.83.6 permission to file report
On motion of Mr. LIVINGSTON, by unanimous consent, the Committee on
Appropriations was granted permission until midnight tonight to file a
privileged report (Rept. No. 104-660) on the bill (H.R. 3756) making
appropriations for the Treasury Department, the United States Postal
Service, the Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1997, and for other
purposes.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.83.7 legislative appropriations
Mr. LIVINGSTON submitted a privileged report (Rept. No. 104-657) on
the
[[Page 1464]]
bill (H.R. 3754) making appropriations for the Legislative Branch for
the fiscal year ending September 30, 1997, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.83.8 communication from the clerk--message from the senate
The SPEAKER pro tempore, Ms. GREENE, laid before the House a
communication, which was read as follows:
House of Representatives,
Washington, July 1, 1996.
The Honorable Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Monday, July 1, 1996 at
12:15 p.m.:
That the Senate passed S. 1636; that the Senate passed S.
1899; that the Senate passed without amendment H.R. 1508;
that the Senate passed without amendment H.R. 2070; that the
Senate passed with amendments H.R. 2679; that the Senate
passed with amendments H.R. 2739; that the Senate passed
without amendment H.R. 2853; that the Senate passed with
amendment and requested conference H.R. 3005; that the Senate
passed with amendment H.R. 3121; that the Senate passed
without amendment H. Con. Res. 160.
With warm regards,
Robin H. Carle, Clerk.
para.83.9 enrolled bills signed
The SPEAKER pro tempore, Ms. GREENE, announced that pursuant to clause
4, rule I, the Speaker signed the following enrolled bills on June 28,
1996:
H.R. 1880. An Act to designate the United States post
office building located at 102 South McLean, IL, as the
``Edward Madigan Post Office Building'';
H.R. 2704. An Act to provide that the United States post
office building that is to be located at 7436 South Exchange
Avenue, Chicago, IL, shall be known and designated as the
``Charles A. Hayes Post Office Building''; and
H.R. 3364. An Act to designate the Federal Building and
United States courthouse located at 235 North Washington
Avenue in Scranton, PA, as the ``William J. Nealon Federal
Building and United States Courthouse.''.
The SPEAKER pro tempore, Ms. GREENE, announced that pursuant to clause
4, rule I, the Speaker pro tempore, Mrs. Morella, signed the following
enrolled bill on July 3, 1996:
H.R. 2070. An Act to provide for the distribution within
the United States of the United States Information Agency
film entitled ``Fragile Ring of Life.''.
para.83.10 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
On July 8, 1996:
H.R. 1508. An Act to require the transfer of title to the
District of Columbia of certain real property in Anacostia
Park to facilitate the construction of National Children's
Island, a cultural, educational, and family-oriented park;
and
H.R. 2853. An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Bulgaria.
And then,
para.83.11 adjournment
On motion of Mr. MONTGOMERY, pursuant to the special order agreed to
on June 28 (legislative day of June 27), 1996, at 12 o'clock and 7
minutes p.m., the House adjourned until 12:30 p.m. on Tuesday, July 9,
1996.
para.83.12 report of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. PACKARD: Committee on Appropriations. H.R. 3754. A bill
making appropriations for the Legislative Branch for the
fiscal year ending September 30, 1997, and for other purposes
(Rept. No. 104-657). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3290. A
bill to authorize appropriations for the Bureau of Land
Management for each of the fiscal years 1997 through 2002
(Rept. No. 104-658). Referred to the Committee of the Whole
House on the State of the Union.
Mr. PORTER: Committee on Appropriations. H.R. 3755. A bill
making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agencies, for
the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-659). Referred to the Committee of
the Whole House on the State of the Union.
Mr. LIGHTFOOT: Committee on Appropriations. H.R. 3756. A
bill making appropriations for the Treasury Department, the
U.S. Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
660). Referred to the Committee of the Whole House on the
State of the Union.
para.83.13 time limitation of referred bill pursuant to rule x
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
[The following action occurred on July 1, 1996]
H.R. 1816. Referral to the Committee on Commerce extended
for a period ending not later than August 1, 1996.
para.83.14 discharge of committee
[The following action occurred on June 28, 1996]
Pursuant to clause 5 of rule X the Committee on House
Oversight discharged from further consideration H.R. 1734;
referred to the Committee of the Whole House on the State of
the Union.
para.83.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. PALLONE (for himself, Mr. Brewster, Mr. Fox, Mr.
Frost, Mr. Engel, Mr. Torricelli, Mr. Lipinski, Mr.
Frazer, Mr. Thompson, Ms. Brown of Florida, Mr.
Ackerman, Mr. Cramer, Mr. Dellums, and Mrs. Lowey):
H.R. 3757. A bill to amend title XVIII of the Social
Security Act to provide for coverage of pharmaceutical care
services under part B of the Medicare Program; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. LIVINGSTON:
H.Res. 471. Resolution electing Representative Enid Greene
of Utah to act as Speaker pro tempore; considered and agreed
to.
para.83.16 memorials
Under clause 4 of rule XXII,
235. The SPEAKER presented a memorial of the Legislature of
the State of Louisiana, relative to House Concurrent
Resolution No. 109 memorializing the U.S. Congress to provide
for purposes of the Federal income tax that expense
reimbursements for schoolbus drivers not be included in
wages; to the Committee on Ways and Means.
para.83.17 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 969: Mr. Frank of Massachusetts.
H.R. 1100: Mr. Horn, Mr. Minge, Mr. Olver, and Mr.
Underwood.
H.R. 1281: Mr. Yates and Mr. McHale.
H.R. 1608: Mr. Shays.
H.R. 2270: Mr. McIntosh.
H.R. 3119: Mr. Sanders.
H.R. 3195: Mr. Johnston of Florida.
H.R. 3241: Mr. Jefferson.
H.R. 3393: Mr. Yates.
H.R. 3568: Mr. Holden, Mr. Fattah, and Mr. Fox.
H.R. 3630: Ms. Molinari.
H. Con. Res. 179: Mr. Davis.
para.83.18 petitions, etc.
Under clause 1 of rule XXII,
73. The SPEAKER presented a petition of Leslie G. Woods
Post 217, American Legion, IL, relative to the American
Legion's support of H.R. 3321; which was referred to the
Committee on Veterans' Affairs.
.
TUESDAY, JULY 9, 1996 (84)
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Ms. GREENE of Utah, when, pursuant to the order of the House of
Friday, May 12, 1995, Members were recognized for ``morning hour''
debates.
para.84.1 recess--12:51 p.m.
The SPEAKER pro tempore, Ms. GREENE of Utah, pursuant to clause 12 of
rule I, declared the House in recess until 2:00 p.m.
para.84.2 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. SHAW, called the House to order.
para.84.3 approval of the journal
The SPEAKER pro tempore, Mr. SHAW, announced he had examined and
approved the Journal of the proceedings of Monday, July 8, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
[[Page 1465]]
para.84.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
3983. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Onions Grown in Certain Designated Counties in Idaho, and
Malheur County, Oregon, and Imported Onions; Modifications of
Size Requirements [Docket No. FV96-958-1FR] received July 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3984. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Grading and Inspection, General Specifications for Approved
Plants and Standards for Grades of Dairy Products; United
States Standards for Instant Nonfat Dry Milk (7 CFR Part 58)
[DA-93-04] received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3985. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Assessment Rate for Domestically Produced Peanuts Handled By
Persons Not Subject to Peanut Marketing Agreement No. 146 and
for Marketing Agreement No. 146 Regulating the Quality of
Domestically Produced Peanuts [Docket No. FV96-998-21FR]
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3986. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Correction Docket--Pork Promotion, Research, and Consumer
Information Order--Increase in Importer Assessments [Docket
No. LS-96-001] received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3987. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Milk in the Southwest Plains Marketing Area; Suspension of
Certain Provisions of the Order (7 CFR Part 1106) [DA96-05]
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
3988. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Washington; Assessment Rate [Docket
No. FV96-946-2FIR] received July 8, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3989. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Karnal Bunt; Compensation [APHIS Docket
No. 96-016-7] received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
3990. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Karnal Bunt; Removal of Quarantined
Areas [APHIS Docket No. 96-016-6] received July 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
3991. A letter from the Assistant Secretary for Marketing
and Regulatory Programs, Department of Agriculture,
transmitting the Department's final rule--Fees for Rice
Inspection (RIN: 0580-AA47) received July 8, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3992. A letter from the Acting Under Secretary for Food
Safety, Food and Safety Inspection Service, transmitting the
Service's ``Major'' final rule--Pathogen Reduction; Hazard
Analysis and Critical Control Point (HACCP) Systems [Docket
No. 93-016F] (RIN: 0583-AB69) received July 9, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
3993. A letter from the Assistant Secretary of Education,
transmitting notice of final priority for fiscal year 1996--
Safe and Drug-Free Schools and Communities Federal Activities
Grants Program (Hate Crimes Prevention), pursuant to 20
U.S.C. 1232(f); to the Committee on Economic Educational
Opportunities.
3994. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Bell Operating Company Provision of Out-of-Region
Interstate, Interexchange Services [CC Docket No. 96-21]
received July 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3995. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Digital Transmission Within the Video Portion of
Television Broadcast Station Transmission [MM Docket No. 95-
42, RM-7567] received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3996. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Edenton, Columbia and Pine
Knoll Shores, North Carolina) [MM Docket No. 95-46, RM-8594]
received July 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
3997. A letter from the Managing Director, Communications
Commission, transmitting the Commission's final rule--
Amendment of Section 73.202(b) Table of Allotments, FM
Broadcast Stations (Forest Acres, South Carolina) [MM Docket
No. 96-25, RM-8752] received July 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
3998. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Pullman, Washington) [MM
Docket No. 96-27] received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
3999. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Chester and Richmond,
Virginia) [MM Docket No. 96-29, RM-8731] received July 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4000. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Conway and Myrtle Beach,
South Carolina) [MM Docket No. 91-75, RM-7230] received July
9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
4001. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Antigo, Wisconsin) [MM
Docket No. 96-30, RM-8762] received July 9, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4002. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Ocean Salmon Fisheries Off the Coast of Washington, Oregon,
and California; Closure from Point Arena, CA, to the U.S.-
Mexican Border [Docket No. 960126016-6121-04; I.D. 062896A)
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4003. A letter from the Acting Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone off Alaska; Allow Processing of Non-Individual Fishing
Quota Species [Docket No. 960321089-6175-02; I.D. 031396B]
(RIN: 0648-AG41) received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4004. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone off Alaska; Northern
Rockfish in the Western Regulatory Area [Docket No.
960129018; I.D. 062196A] received July 8, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4005. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Atka Mackerel in the
Western Regulatory Area [Docket No. 960129018-6018-01; I.D.
061996A] received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4006. A letter from the Clerk, U.S. Court of Appeals for
the District of Columbia Circuit, transmitting an opinion of
the U.S. Court of Appeals for the District of Columbia
Circuit (95-5334--Ramah Navajo School Board, Inc., et al.,
versus Babbitt (July 2, 1996)); to the Committee on
Resources.
4007. A letter from the Acting Assistant Secretary for
Legislative Affairs, Bureau of Consular Affairs, Department
of State, transmitting the Bureau's final rule--VISAS:
Passports and Visas Not Required for Certain Nonimmigrants
(22 CFR 41) received July 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
4008. A letter from the Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks, Patent and Trademark
Office, transmitting the Office's final rule--Elimination of
Requirement for Proof of Service in Consented Requests for
Extensions of Time to File a Notice of Opposition [Docket No.
960621181-6181-01] (RIN: 0651-AA89) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
4009. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class D and E Airspace Areas; Saipan Island,
CQ (Federal Aviation Administration) [Airspace Docket No. 95-
AWP-38] (RIN: 2120-AA66) (1996-0087) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4010. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (31) [Docket No. 28612; Amendment No. 1737]
(Federal Aviation Administration) (RIN: 2120-AA65) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4011. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of Jet Route J-66 (Federal Aviation
Administration) [Airspace Docket No. 94-AWP-10] (RIN: 2120-
AA66) (1996-0086) received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4012. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (38) [Docket No. 28614; Amendment No. 1738]
(Federal Aviation Administration) (RIN: 2120-AA65) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
[[Page 1466]]
4013. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of VOR Federal Airways: TX (Federal Aviation
Administration) [Airspace Docket No. 93-ASW-5] (RIN: 2120-
AA66) (1996-0088) received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4014. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of VOR Federal Airways; TX (Federal Aviation
Administration) [Airspace Docket No. 93-ASW-4] (RIN: 2120-
AA66) (1996-0084) received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4015. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model MD-11 and
MD-11F Series Airplanes (Federal Aviation Administration)
[Docket No. 96-NM-133-AD; Amendment 39-9691; AD 96-14-07]
(RIN: 2120-AA64) received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4016. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (8) [Docket No. 28615; Amendment No. 1739]
(Federal Aviation Administration) (RIN 2120-AA65) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4017. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-10 and
MD-11 Series Airplanes, and KC-10 (Military) Airplanes
(Federal Aviation Administration) [Docket No. 956-NM-254133-
AD; Amendment 39-968691; AD 96-14-04] (RIN 2120-AA64)
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4018. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Change Time of Designation for Restricted Area R-3107, Kaula
Rock, HI--Docket No. 96-AWP-12 (Federal Aviation
Administration) (RIN: 2120-AA66) (1996-0082) received July 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4019. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 767 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-124-AD;
Amendment 39-9687; AD 96-14-05] (RIN: 2120-AA64) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4020. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Jet Route J-81--Docket No. 93-ASW-3 (Federal
Aviation Administration (RIN: 2120-AA66) (1996-0089) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4021. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Extension of Great Lakes Load Line Certificate (U.S. Coast
Guard) [CGD 96-006] (RIN: 2115-AF29) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4022. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Air Brake Systems;
Long-Stroke Brake Chambers (National Highway Traffic Safety
Administration) (RIN: 2127-AG25) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4023. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
NM-132-AD; Amendment 39-9692; AD 96-14-08] (RIN: 2120-AA64)
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4024. a letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal-Aid Project Authorization (Federal Highway
Administration) (RIN: 2125-AD43) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4025. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing 777-200 Series Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-134;
Amendment 39-9688; AD 96-14-06] (RIN: 2120-AA64) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4026. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Aircraft Flight Simulator Use in Pilot Training, Testing, and
Checking and at Training Centers (Federal Aviation
Administration) (RIN: 2120-AA83) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4027. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Aviat Aircraft Inc. Models S-2A, S-
2B, and S-2S Airplanes (formerly Pitts Models S-2A, S-2B, and
S-2S) (Federal Aviation Administration) [Docket No. 95-CE-
101-AD; Amendment 39-9690; AD 96-09-08 R1] (RIN: 2120-AA64)
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4028. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F27 Mark 100, 200,
300, 400, 500, 600, and 700 Series Airplanes (Federal
Aviation Administration) [Docket No. 95-NM-253-AD; Amendment
39-9675; AD 96-13-07] (RIN: 2120-AA64) received July 8, 1996;
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4029. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A300 B2 and B4 Series
Airplanes (Federal Aviation Administration) [Docket No. 94-
NM-102-AD; Amendment 39-9679; AD 96-13-11] (RIN: 2120-AA64)
received July 8, 1996; pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4030. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 747-200 (``Combi'')
and 747-300 (``Combi'') Airplanes Modified in Accordance with
Heath Tecna Supplemental Type Certificate (STC) SA2365NM or
STC SA5108NM (Federal Aviation Administration) [Docket No.
96-NM-128-AD; Amendment 39-9683; AD 96-14-01] (RIN: 2120-
AA64) received July 8, 1996; pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4031. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 767 Series Airplanes
Equipped with Pratt & Whitney Model JT9D-7R4 Engines (Federal
Aviation Administration) [Docket No. 95-NM-154-AD; Amendment
39-9684; AD 96-14-02] (RIN: 2120-AA64) received July 8, 1996;
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4032. A letter from the General Counsel, General Accounting
Office, transmitting a report entitled ``ADDRESSING THE
DEFICIT: Updating the Budgetary Implications of Selected GAO
Work'' (GAO/OCG-96-5) June 1996, pursuant to 31 U.S.C.
9106(a); jointly, to the Committee on the Budget and
Government Reform and Oversight.
4033. A letter from the Assistant Attorney General of the
United States, transmitting the Attorney General's combined
fourth quarterly and year-end report to Congress, entitled
``Attacking Financial Institution Fraud,'' for fiscal year
1995 by the U.S. Department of Justice, pursuant to Public
Law 101-647, section 2546(a)(2) (104 Stat. 4885); jointly, to
the Committee on the Judiciary and Banking and Financial
Services.
para.84.5 fair employment practices review panel
The SPEAKER pro tempore, Mr. SHAW, by unanimous consent, announced
that pursuant to the provisions of rule XLI, the Speaker appointed to
the Review Panel of the Office of Fair Employment Practices, an employee
of the House Of Representatives, Alan F. Coffey, Jr., General Counsel
and Staff Director of the Committee on the Judiciary, to fill the
existing vacancy thereon.
para.84.6 subpoena
The SPEAKER pro tempore, Mr. SHAW, laid before the House the following
communication from Mr. Young of Florida:
House of Representatives,
Washington, July 8, 1996.
Hon. Newt Gingrich,
Speaker of the House, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House, that the office of
Congressman Bill Young has been served with a subpoena issued
by the United States District Court for the Middle District
of Florida.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the privileges and precedence of the House.
With best wishes and personal regards, I am
Very truly yours,
C.W. Bill Young,
Member of Congress.
para.84.7 naval vessels transfer
On motion of Mr. GILMAN, by unanimous consent, the bill (H.R. 3121) to
amend the Foreign Assistance Act of 1961 and the Arms Export Control Act
to make improvements to certain defense and security assistance
provisions under those Acts, to authorize the transfer of naval vessels
to certain foreign countries, and for other purposes; together with the
following amendments of the Senate thereto, was taken from the Speaker's
table:
Page 2, in the table of contents relating to Chapter 1,
strike out ``And'' and insert: ``and''
[[Page 1467]]
Page 2, in the table of contents relating to Chapter 4,
after ``4--'' insert: ``International''
Page 2, in the table of contents, strike out:
``Sec. 148. Certification thresholds.''
and insert:
``Sec. 148. Annual military assistance report.''
Page 2, in the table of contents relating to section 152
strike out ``arms export control act'' and insert: ``Arms
Export Control Act''
Page 3, in the table of contents relating to section 154
after ``under'' insert: ``the''
Page 3, in the table of contents, after the line relating
to section 154 insert:
``Sec. 155. Publication of arms sales certifications.''
``Sec. 156. Release of information.''
``Sec. 157. Repeal of termination of provisions of the Nuclear
Proliferation Prevention Act of 1994; Presidential
determinations.''
Page 4, lines 24 and 25, strike out ``the second''
Page 4, line 25, after ``25'' insert: , ``as added by
section 112(b) of Public law 99-83''
Page 5, line 20, strike out ``new paragraph''
Page 9, after ``Transfers.--'' insert: ``(1)''
Page 10, line 1, strike out ``(1)'' and insert: ``(A)''
Page 10, line 3, strike out ``(2)'' and insert: ``(B)''
Page 10, line 6, strike out ``(3)'' and insert: ``(C)''
Page 10, line 9, strike out ``(4)'' and insert: ``(D)''
Page 10, line 17, strike out ``(5)'' and insert: ``(E)''
Page 10, line 24, strike out ``(6)'' and insert: ``(F)''
Page 11, after line 2, insert:
``(2) Accordingly, for the four-year period beginning on
October 1, 1996, the President shall ensure that excess
defense articles offered to Greece and Turkey under this
section will be made available consistent with the manner in
which the President made available such excess defense
articles during the four-year period that began on October 1,
1992, pursuant to section 573(e) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990.''
Page 12, line 11, strike out ``part II'' and insert: ``this
part''
Page 13, line 5, strike out ``15'' and insert: ``30''
Page 16, line 4, after ``1961,'' insert: ``as added by this
Act,''
Page 18, line 17, after ``2761'' insert: ``(a)(1)(C)''
Page 21, line 4, after ``4--'' insert: ``INTERNATIONAL''
Page 21, line 15, strike out ``new subparagraph''
Page 24, line 7, strike out ``2394'' and insert: ``2394-1''
Page 25, line 2, strike out ``2394'' and insert: ``2394-1''
Page 32, line 8, strike out ``out the''
Page 32, line 11, strike out ``in lieu thereof''
Page 35, line 10, strike out ``(a)'' and insert: ``(A)''
Page 37, strike out all after line 18, over to and
including line 21 on page 38
Page 38, after line 21, insert:
``SEC. 148. ANNUAL MILITARY ASSISTANCE REPORT.
``Section 655 of the Foreign Assistance Act of 1961 (22
U.S.C. 2415) is amended to read as follows:
``SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT.
``(a) Report Required.--Not later than February 1 of each
year, the President shall transmit to the Congress an annual
report for the fiscal year ending the previous September 30.
``(b) Information Relating to Military Assistance and
Military Exports.--Each such report shall show the aggregate
dollar value and quantity of defense articles (including
excess defense articles), defense services, and international
military education and training authorized by the United
States, excluding that which is pursuant to activities
reportable under title V of the National Security Act of
1947, to each foreign country and international organization.
The report shall specify, by category, whether such defense
articles--
``(1) were furnished by grant under chapter 2 or chapter 5
of part II of this Act or under any other authority of law or
by sale under chapter 2 of the Arms Export Control Act; or
``(2) were licensed for export under section 38 of the Arms
Export Control Act.
``(c) Information Relating to Military Imports.--Each such
report shall also include the total amount of military items
manufactured outside the United States that were imported
into the United States during the fiscal year covered by the
report. For each country of origin of the report shall show
the type of item being imported and the total amount of the
items.''.
Page 38, line 24, strike out ``as amended by this Act,''
Page 39, line 1 strike out ``further''
Page 49, line 16, after ``UNDER'' insert: ``THE''
Page 49, after line 21, insert:
SEC. 155. PUBLICATION OF ARMS SALES CERTIFICATIONS.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776)
is amended by adding at the end the following new subsection:
``(e) The President shall cause to be published in the
Federal Register, upon transmittal to the Speaker of the
House of Representatives and to the chairman of the Committee
on Foreign Relations of the Senate, the full unclassified
text of each numbered certification submitted pursuant to
subsection (b) and each notification of a proposed commercial
sale submitted under subsection (c).''.
SEC. 156. RELEASE OF INFORMATION.
Section 38(e) of the Arms Export Control Act (22 U.S.C.
2778(e)) is amended by inserting in the first sentence before
the period at the end the following: ``, except that the
names of the countries and the types and quantities of
defense articles for which licenses are issued under this
section shall not be withheld from public disclosure unless
the President determines that the release of such information
would be contrary to the national interest''.
SEC. 157. REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR
PROLIFERATION PREVENTION ACT OF 1994;
PRESIDENTIAL DETERMINATIONS.
``(a) Repeal.--Part D of the Nuclear Proliferation
Prevention Act of 1994 (part D of title VIII of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995;
Public Law 103-236; 108 Stat. 525) is hereby repealed.
``(b) Judicial Review.--Section 824 of the Nuclear
Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note) is
amended--
``(1) in subsection (c), by striking ``in writing after
opportunity for a hearing on the record'';
``(2) by striking subsection (e); and
``(3) by redesignating subsections (f) through (k) as
subsections (e) through (j), respectively.
On motion of Mr. GILMAN, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.84.8 armored car industry reciprocity
Mr. OXLEY moved to suspend the rules and pass the bill (H.R. 3431) to
amend the Armored Car Industry Reciprocity Act of 1993 to clarify
certain requirements and to improve the flow of interstate commerce.
The SPEAKER pro tempore, Mr. SHAW, recognized Mr. OXLEY and Mr.
MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. SHAW, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.84.9 traumatic brain injury
Mr. GREENWOOD moved to suspend the rules and pass the bill (H.R. 248)
to amend the Public Health Service Act to provide for the conduct of
expanded studies and the establishment of innovative programs with
respect to traumatic brain injury and for other purposes; as amended.
The SPEAKER pro tempore, Mr. SHAW, recognized Mr. GREENWOOD and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. SHAW, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.84.10 cost of government day
Mr. CLINGER moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 193):
Whereas the total of Government spending and regulations
(total cost of Government) has increased from 48.2 percent of
the net national product (NNP) in 1989 to an estimated 50.4
percent of NNP in 1996;
Whereas the total cost of Government now exceeds
$3,380,000,000,000 annually;
Whereas Federal regulatory costs now exceed
$730,000,000,000 annually;
Whereas the cost of Government in general and excessive
regulations in particular have
[[Page 1468]]
placed a tremendous drain on the economy in recent years by
reducing worker productivity, increasing prices to consumers,
and increasing unemployment;
Whereas if the average American worker were to spend all of
his or her gross earnings on nothing else besides meeting his
or her share of the total cost of Government for the current
year, that total cost would not be met until July 3, 1996;
Whereas July 3, 1996, should therefore be considered Cost
of Government Day 1996; and
Whereas it is not right that the American family has to
give up more than 50 percent of what it earns to the
government: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that, as
part of balancing the budget and reevaluating the role of
government, Federal, State, and local elected officials
should carefully consider the cost of Government spending and
regulatory programs in the year to come so that American
families will be able to keep more of what they earn.
The SPEAKER pro tempore, Mr. SHAW, recognized Mr. CLINGER and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. SHAW, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. DeLAY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. SHAW, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, July 10, 1996, pursuant to the prior announcement of the
Chair.
para.84.11 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
para.84.12 providing for the consideration of h.r. 3755
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-662) the privileged resolution (H. Res. 472) providing for
consideration of the bill (H.R. 3755) making appropriations for the
Departments of Labor, Health and Human Services, and Education, and
related agencies, for the fiscal year ending September 30, 1997, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.84.13 recess--5:35 p.m.
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to clause 12 of rule
I, declared the House in recess subject to the call of the Chair.
para.84.14 after recess--6:29 p.m.
The SPEAKER pro tempore, Mr. DREIER, called the House to order.
para.84.15 providing for the consideration of h.r. 3754
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-663) the privileged resolution (H. Res. 473) providing for
consideration of the bill (H.R. 3754) making appropriations for the
Legislative Branch for the fiscal year ending September 30, 1997, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.84.16 message from the president--coastal zone management
The SPEAKER pro tempore, Mr. DREIER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to submit the Biennial Report of the Office of Ocean and
Coastal Resource Management, National Ocean Service, National Oceanic
and Atmospheric Administration (NOAA) for fiscal years 1994 and 1995.
This report is submitted as required by section 316 of the Coastal Zone
Management Act (CZMA) of 1972, as amended (16 U.S.C. 1451, et seq.).
The report discusses progress made at the national level in
administering the Coastal Zone Management and Estuarine Research Reserve
Programs during these years, and spotlights the accomplishments of
NOAA's State coastal management and estuarine research reserve program
partners under the CZMA.
William J. Clinton.
The White House, July 9, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Resources.
para.84.17 message from the president--public broadcasting
The SPEAKER pro tempore, Mr. DREIER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
In accordance with the Communications Act of 1934, as amended (47
U.S.C. 396(i)), I transmit herewith the Annual Report of the Corporation
for Public Broadcasting (CPB) for Fiscal Year 1995 and the Inventory of
the Federal Funds Distributed to Public Telecommunications Entities by
Federal Departments and Agencies: Fiscal Year 1995.
Since 1967, when the Congress created the Corporation, CPB has
overseen the growth and development of quality services for millions of
Americans.
This year's report highlights ways the Corporation has helped millions
of American families and children gain new learning opportunities
through technology. At a time when technology is advancing at a pace
that is as daunting as it is exhilarating, it is crucial for all of us
to work together to understand and take advantage of these changes.
By continuing to broadcast programs that explore the challenging
issues of our time, by working with local communities and schools to
introduce more and more children to computers and the Internet, in
short, by honoring its commitment to enriching the American spirit, the
Corporation is preparing all of us for the 21st century.
William J. Clinton.
The White House, July 9, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Commerce.
para.84.18 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on the following dates present to the President, for his
approval, bills of the House of the following title:
On June 28, 1996:
H.R. 2437. An Act to provide for the exchange of certain
lands in Gilpin County, Colorado.
On July 2, 1996:
H.R. 1880. An Act to designate the United States Post
Office building located at 102 South McLean, Lincoln,
Illinois, as the ``Edward Madigan Post Office Building'';
H.R. 2704. An Act to provide that the United States Post
Office building that is to be located at 7436 South Exchange
Avenue, Chicago, Illinois, shall be known and designated as
the ``Charles A. Hayes Post Office Building''; and
H.R. 3364. An Act to designate the Federal building and
United States courthouse located at 235 North Washington
Avenue in Scranton, Pennsylvania, as the ``William J. Nealon
Federal Building and United States Courthouse.''
On July 3, 1996:
H.R. 3525. An Act to amend title 18, United States Code, to
clarify the Federal jurisdiction over offenses relating to
damage to religious property.
On July 8, 1996:
H.R. 2853. An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Bulgaria;
H.R. 2070. An Act to provide for the distribution within
the United States of the United States Information Agency
film entitled ``Fragile Ring of Life''; and
H.R. 1508. An Act to require the transfer of title to the
District of Columbia of certain real property in Anacostia
Park to facilitate the construction of National Children's
Island, a cultural, educational, and family oriented park.
para.84.19 adjournment
On motion of Mr. GOSS, pursuant to the special order agreed to on
Thursday, June 28 (legislative day of June 27), 1996, at 6 o'clock and
31 minutes p.m., the House adjourned until 9:00 o'clock a.m. on
Wednesday, July 10, 1996.
para.84.20 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 2428. A bill to encourage the donation of
food and grocery products to nonprofit organizations
[[Page 1469]]
for distribution to needy individuals by giving the Model
Good Samaritan Food Donation Act the full force and effect of
law; with an amendment (Rept. No. 104-661). Referred to the
Committee of the Whole House on the State of the Union.
Mr. GOSS: Committee on Rules. House Resolution 472.
Resolution providing for consideration of the bill (H.R.
3755) making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related
agencies, for the fiscal year ending September 30, 1997, and
for other purposes (Rept. No. 104-662). Referred to the House
Calendar.
Mr. DREIER: Committee on Rules. House Resolution 473.
Resolution providing for consideration of the bill (H.R.
3754) making appropriations for the legislative branch for
the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-663). Referred to the House Calendar.
Mr. CANADY: Committee on the Judiciary. H.R. 3396. A bill
to define and protect the institution of marriage (Rept. No.
104-664). Referred to the Committee of the Whole House on the
State of the Union.
para.84.21 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severely referred as follows:
By Mr. SMITH of Michigan:
H.R. 3758. A bill to amend title II of the Social Security
Act and the Internal Revenue Code of 1986 to provide
prospectively for personal retirement savings accounts to
allow for more control by individuals over their social
security retirement income, to provide for a limitation on
payment of benefits payable from the Federal Old-Age and
Survivors Insurance Trust Fund with respect to individuals
with higher levels of income once payments of such benefits
have exceeded prior contributions plus interest, and to
provide other reforms relating to benefits under such title
II; to the Committee on Ways and Means.
By Mr. ROTH (for himself, Mr. Gilman, Mr. Hamilton, Mr.
Gejdenson, Mr. Leach, Mr. Bereuter, Mrs. Meyers of
Kansas, Mr. Manzullo, Mr. Gallegly, Mr. Johnston of
Florida, Mr. Martinez, and Mr. Torricelli):
H.R. 3759. A bill to extend the authority of the Overseas
Private Investment Corporation, and for other purposes; to
the Committee on International Relations.
By Mr. THOMAS (for himself, Mr. Gingrich, Mr. Armey,
Mr. DeLay, Mr. Boehner, Mr. Paxon, Mr. Hoekstra, Mr.
Wamp, and Mr. Ehlers):
H.R. 3760. A bill to amend the Federal Election Campaign
Act of 1971 to reform the financing of Federal election
campaigns, and for other purposes; to the Committee on House
Oversight.
By Mr. FALEOMAVAEGA:
H.R. 3761. A bill to clarify the rules of origin for
textile and apparel products from American Samoa; to the
Committee on Ways and Means.
By Mr. GUNDERSON (for himself, Mr. Roberts, Mr. Johnson
of South Dakota, and Mr. Thornton):
H.R. 3762. A bill to assure payment to dairy and livestock
producers for milk and livestock delivered to milk
processors, livestock dealers, or market agencies; to the
Committee on Agriculture.
By Mr. HINCHEY:
H.R. 3763. A bill to amend title VII of the Civil Rights
Act of 1964 to prohibit employment discrimination based on
participation in labor organization activities; to the
Committee on Economic and Educational Opportunities.
H.R. 3764. A bill to amend the National Labor Relations Act
and the Labor Management Relations Act, 1947, to permit
additional remedies in certain unfair labor practice cases,
and for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. KING:
H.R. 3765. A bill to award a congressional gold medal to
the late James Cagney; to the Committee on Banking and
Financial Services.
By Mr. PAYNE of New Jersey (for himself, Mr. Royce, Mr.
Frank of Massachusetts, Mr. Porter, Mr. Lantos, Mr.
Hilliard, Mr. Wynn, Mr. Fattah, Mr. Rush, Mr. Olver,
Mr. Dellums, Mr. Chabot, Ms. McKinney, and Mr.
Frazer):
H.R. 3766. A bill to prohibit economic assistance, military
assistance, or arms transfers to the Government of Sudan
until appropriate action is taken to eliminate chattel
slavery in Sudan, and for other purposes; to the Committee on
International Relations, and in addition to the Committee on
Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
para.84.22 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 294: Mr. Bentsen.
H.R. 447: Mr. Andrews.
H.R. 911: Mr. Hobson and Mr. Bachus.
H.R. 1010: Mr. Costello and Mr. Brewster.
H.R. 1023: Mr. Ensign.
H.R. 1073: Mr. McCollum.
H.R. 1316: Mr. Dornan.
H.R. 1618: Mr. Taylor of North Carolina and Mr. Deal of
Georgia.
H.R. 1711: Mr. Hutchinson, Mr. Hastings of Florida, and Mr.
Lightfoot.
H.R. 2143: Mr. Sabo.
H.R. 2209: Mr. Bunning of Kentucky, Mr. Wilson, Mr. Kennedy
of Massachusetts, Mr. Stearns, Mr. Owens, Mr. McCollum, Mr.
Schumer, Mr. Kildee, Mr. Waxman, Mr. Quinn, Mr. Ackerman, Mr.
Rahall, Mr. Miller of California, and Mr. Walker.
H.R. 2270: Mr. Camp.
H.R. 2306: Mr. Bentsen.
H.R. 2333: Mr. Radanovich.
H.R. 2536: Mr. Foley and Mr. Neumann.
H.R. 2566: Mr. Costello.
H.R. 2578: Mr. Shays.
H.R. 2690: Mr. McCollum.
H.R. 2745: Mr. Hamilton.
H.R. 2856: Mr. Shays.
H.R. 2976: Mr. Bono, Mr. Canady, and Mrs. Seastrand.
H.R. 3000: Mr. Hyde, Mr. Yates, Mr. Traficant, Ms. Kaptur,
and Mr. Gonzalez.
H.R. 3077: Mr. Ward, Mr. Spratt, Mr. Ackerman, and Mrs.
Lowey.
H.R. 3102: Mr. Vento and Mr. Franks of New Jersey.
H.R. 3142: Mr. McDermott, Mr. Wilson, Mr. Wicker, Mr.
Campbell, Mr. Linder, Mr. Pallone, and Mr. Miller of
California.
H.R. 3180: Mr. Stupak.
H.R. 3195: Mr. Gunderson, Mr. Heineman, Mr. Chabot, and Mr.
Pete Geren of Texas.
H.R. 3207: Mr. Paxon, Mr. Sam Johnson, Mr. DeFazio, Mr.
Clinger, Mr. Hoekstra, Mr. Boehlert, and Mr. Moran.
H.R. 3211: Mr. Burton of Indiana and Mr. Hastings of
Washington.
H.R. 3226: Mr. Payne of Virginia, Ms. Brown of Florida, Mr.
Romero-Barcelo, and Mr. Dellums.
H.R. 3234: Mr. Thornberry, Mr. Heineman, and Mr. Watts of
Oklahoma.
H.R. 3251: Mr. Hutchinson.
H.R. 3391: Mr. Crapo, Mr. Gillmor, Mr. Richardson, and Mr.
Paxon.
H.R. 3423: Mr. Cox, Mr. English of Pennsylvania, and Mr.
Cunningham.
H.R. 3468: Mr. Heineman and Mr. Campbell.
H.R. 3496: Mr. Waxman, Mr. Calvert, Mr. Clyburn, Mr. Flake,
Mr. Towns, Ms. McKinney, and Mr. Owens.
H.R. 3571: Mr. Calvert and Mrs. Meyers of Kansas.
H.R. 3580: Mr. Paxon and Mr. Burton of Indiana.
H.R. 3590: Mrs. Maloney, Mr. Kildee, Mr. Waxman, Mr.
Thompson, and Mr. Hinchey.
H.R. 3618: Mr. Bishop, Mr. Foglietta, Mr. Frost, Mr.
Chabot, Mr. Hinchey, Mr. Kennedy of Massachusetts, Mr.
LaFalce, Mr. McDermott, Mr. Johnston of Florida, Mr.
Flanagan, Mr. Ackerman, and Mr. Jefferson.
H.R. 3626: Mr. Campbell.
H.R. 3648: Mr. Torres, Mr. Rangel, Ms. Slaughter, Mr.
Pastor, Mr. Filner, Mr. Ackerman, Ms. Norton, Mr. Frank of
Massachusetts, and Mr. Dellums.
H.R. 3723: Mr. Hamilton.
H.R. 3724: Mr. LaTourette, Mr. Rohrabacher, and Mr.
Cunningham.
H.R. 3747: Mr. Fattah.
H.R. 3752: Mr. Coburn.
H. Con. Res. 179: Mr. Smith of New Jersey.
H. Con. Res. 190: Mr. Schumer, Mr. Klug, Mr. Horn, Ms.
Lofgren, Mr. Campbell, Mr. Faleomavaega, Mrs. Maloney, Mr.
Filner, Mr. Pallone, Mr. Hinchey, Mr. Nadler, Mr. Smith of
New Jersey, Mr. Shays, and Mr. Stearns.
H. Res. 30: Mr. Whitfield, Mr. Torricelli, and Mr. Boehner.
H. Res. 423: Mr. McHale, Mr. Tate, and Mr. Lightfoot.
H. Res. 429: Ms. McKinney, Mr. Solomon, and Mr. Vento.
H. Res. 452: Mr. Ney, Ms. Furse, Mr. Condit and Mr.
Visclosky.
.
WEDNESDAY, JULY 10, 1996 (85)
The House was called to order by the SPEAKER.
para.85.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, July 9, 1996.
Mr. FORBES, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. FORBES objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.85.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4034. A letter from the Administrator, Grain Inspection,
Packers and Stockyards Administration, transmitting the
Administration's final rule--Regulations and Policy
Statements issued under the Packers and Stockyards Act (Group
III) (RIN: 0580-AA45)
[[Page 1470]]
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
4035. A letter from the Administrator, Grain Inspection,
Packers and Stockyards Administration, transmitting the
Administration's final rule--Regulations and Policy
Statements issued under the Packers and Stockyards Act (Group
III) (RIN: 0580-AA44) received July 8, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4036. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance Corporation, transmitting
the Corporation's final rule--Agricultural Loan Loss
Amortization (12 CFR 324) received July 8, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
4037. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Board's final rule--Joint
Agency Policy Statement; Interest Rate Risk [Docket No. R-
0802] received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4038. A letter from the Assistant Secretary of Education,
transmitting final priority--Rehabilitation Research and
Training Center, pursuant to 20 U.S.C. 1232(f); to the
Committee on Economic and Educational Opportunities.
4039. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priorities
for fiscal years 1996-97 for a Rehabilitation Research and
Training Center, pursuant to 5 U.S.C. 801(a)(1)(B); to the
Committee on Economic and Educational Opportunities.
4040. A letter from the Assistant Secretary for Pension and
Welfare Benefits, Department of Labor, transmitting the
Department's final rule--Removal of Interpretive Bulletins
and Regulations Relating to ERISA (RIN: 1210-AA51) received
July 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Economic and Educational Opportunities.
4041. A letter from the Director, Office of Civilian
Radioactive Waste Management, transmitting the 12th annual
report to Congress on the activities and expenditures of the
Office of Civilian Radioactive Waste Management, pursuant to
42 U.S.C. 10224(c); to the Committee on Commerce.
4042. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--State
Energy Program [Docket No. EE-RM-96-402] (RIN: 1904-AA81)
received July 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4043. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Technical Amendments to
Test Rules and Enforceable Testing Consent Agreements/Orders
(FRL-5378-3) received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4044. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Assessment and Collection of Regulatory Fees for
Fiscal Year 1996 [MD Docket No. 96-84] received July 10,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4045. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Germany for defense articles and services
(Transmittal No. 96-53), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4046. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Morocco for defense articles and services
(Transmittal No. 96-54), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4047. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-52), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4048. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed issuance of export license
agreement for the temporary export of defense articles or
defense services sold commercially to Russia/Kazakstan
(Transmittal No. DTC-28-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
4049. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a
report required by section 502 of the Freedom Support Act,
pursuant to 22 U.S.C. 5852; to the Committee on International
Relations.
4050. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Amendment to the International
Traffic in Arms Regulations (Public Notice 2410) received
July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on International Relations.
4051. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-284,
``Excepted Service Positions Designation Temporary Amendment
Act of 1996'' (received July 10, 1996), pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
4052. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-286,
``Interference with Medical Facilities and Health
Professionals Amendment Act of 1996'' (received July 10,
1996), pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4053. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-287,
``Department of Corrections Employee Mandatory Drug and
Alcohol Testing Act of 1996'' (received July 10, 1996),
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4054. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-290, ``Mutual
Holding Company Act of 1996'' (received July 10, 1996),
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4055. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-295, ``Sport
Commission Conflict of Interest Amendment Act of 1996''
(received July 10, 1996), pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4056. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-296,
``Automobile Insurance Amendment Act of 1996'' (received July
10, 1996), pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4057. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-297, ``Noise
Control Amendment Act of 1996'' (received July 10, 1996),
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4058. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to and
Deletions from the Procurement List--received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4059. A letter from the Acting Director, Office of
Management and Budget, transmitting an accounting statement
covering Federal stewardship property, investments, and
responsibilities that was recently recommended by the Federal
Accounting Standards Advisory Board [FASAB] and approved in
its entirety by the Secretary of the Treasury, the Director
of the Office of Management and Budget [OMB], and the
Comptroller General, pursuant to Public Law 101-576, section
307 (104 Stat. 2855); to the Committee on Government Reform
and Oversight.
4060. A letter from the Inspector General, Railroad
Retirement Board, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, pursuant to 5 U.S.C. app.
(Insp. Gen. Act) 5(b); to the Committee on Government Reform
and Oversight.
4061. A letter from the Secretary of Housing and Urban
Development, transmitting the Government National Mortgage
Association [Ginnie Mae] management report for the fiscal
year ended September 30, 1995, pursuant to 31 U.S.C. 9106; to
the Committee on Government Reform and Oversight.
4062. A letter from the Administrator, Small Business
Administration, transmitting the semiannual report on
activities of the inspector general for the period October 1,
1995, through March 31, 1996, and the semiannual report of
management on final actions, pursuant to 5 U.S.C. app. (Insp.
Gen. Act) section 5(b); to the Committee on Government Reform
and Oversight.
4063. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
4064. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone off Alaska; Atka
Mackerel in the Eastern Aleutian District and Bering Sea
Subarea [Docket No. 960129019-6019-01; I.D. 070596A] received
July 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4065. A letter from the Chief Justice, Supreme Court of the
United States, transmitting a copy of the report of the
proceedings of the Judicial Conference of the United States,
held in Washington DC., on March 12, 1996, pursuant to 28
U.S.C. 331; to the Committee on the Judiciary.
4066. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Disclosure,
Publication and Notice of Change of rates and Other Service
Terms for Rail Common Carriage (STB Ex Parte No. 528)
received July 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4067. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Disclosure and
Notice of Change of Rates and Other Service Terms for
Pipeline Common Carriage (STB Ex Parte No. 538) received July
8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4068. A communication from the President of the United
States, transmitting an updated report concerning the
emigration laws and policies of the Russian Federation--Re
[[Page 1471]]
ceived in the United States House of Representatives June 28,
1996, pursuant to 19 U.S.C. 2432(b) (H. Doc. No. 104-240); to
the Committee on Ways and Means and ordered to be printed.
4069. A communication from the President of the United
States, transmitting an updated report concerning the
emigration laws and policies of Romania--Received in the
United States House of Representatives July 8, 1996, pursuant
to 19 U.S.C. 2432(b) (H. Doc. No. 104-241); to the Committee
on Ways and Means and ordered to be printed.
4070. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Last-
in, First-out Inventories (Revenue Ruling 96-36) received
July 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
para.85.3 recess--9:04 a.m.
The SPEAKER, pursuant to the special order of the House agreed to on
Thursday, June 27, 1996, declared the House in recess at 9 o'clock and 4
minutes a.m., subject to the call of the Chair.
para.85.4 after recess--11:30 a.m.
The SPEAKER pro tempore, Mr. EWING, called the House to order.
para.85.5 proceedings during recess
On motion of Ms. KELLY, by unanimous consent, the proceedings had
during the recess were ordered to be printed in the Record.
para.85.6 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 419. An Act for the relief of Benchmark Rail Group,
Inc.; and
H.R. 701. An Act to authorize the Secretary of Agriculture
to convey lands to the city of Rolla, MO.
para.85.7 subpoena
The SPEAKER pro tempore, Mr. EWING, laid before the House the
following communication from Mr. McDade:
House of Representatives,
Washington, DC, July 9, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Teresa Baker, a Senior Legislative Assistant in my
Washington Office, has been served with a subpoena issued by
the U.S. District Court for the Eastern District of
Pennsylvania in the case of United States v. McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Joseph M. McDade,
Member of Congress.
para.85.8 subpoena
The SPEAKER pro tempore, Mr. EWING, laid before the House the
following communication from the Clerk of the House:
Office of the Clerk,
House of Representatives,
Washington, DC, July 9, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that Michael L.
Stern of the Office of General Counsel has been served with a
subpoena for records issued by the United States District
Court for the Northern District of Illinois.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the privileges and precedents of the House.
With warm regards,
Robin H. Carle,
Clerk.
para.85.9 committees and subcommittees to sit
On motion of Mr. DREIER, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Economic and Educational Opportunities, the
Committee on Government Reform and Oversight, the Committee on House
Oversight, the Committee on International Relations, the Committee on
the Judiciary, the Committee on Resources, the Committee on Science, the
Committee on Small Business, and the Committee on Transportation and
Infrastructure.
para.85.10 providing for the consideration of h.r. 3754
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 473):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3754) making appropriations for the
Legislative Branch for the fiscal year ending September 30,
1997, and for other purposes. The first reading of the bill
shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(6) of rule XI, clause 7 of rule XXI, or section 302 of
308 of the Congressional Budget Act of 1974 are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule and shall
be considered as read. Points of order against provisions in
the bill for failure to comply with clause 2 or 6 of rule XXI
are waived. No amendment shall be in order except those
printed in the report of the Committee on Rules accompanying
this resolution. Each amendment may be considered only in the
order printed in the report, may be offered only by a member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against amendments printed in the report
are waived. The Chairman of the Committee of the Whole may
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment. The Chairman of the Committee of the Whole may
reduce to not less than five minutes the time for voting by
electronic device on any postponed question that immediately
follows another vote by electronic device without intervening
business, provided that the time for voting by electronic
device on the first in any series of questions shall be not
less than 15 minutes. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.85.11 order of business--consideration of amendments--h.r. 3754
On motion of Mr. DREIER, by unanimous consent,
Ordered, That, notwithstanding the order prescribed by House
Resolution 473, Mr. Fazio may offer the amendment numbered 1 at any time
during the consideration of the bill (H.R. 3754) making appropriations
for the Legislative Branch for the fiscal year ending September 30,
1997, and for other purposes, in the Committee of the Whole; and
Ordered further, That during consideration of said bill, pursuant to
House Resolution 473, it may be in order to consider the amendment
numbered 6 printed in House Report No. 104-663 in the following modified
form:
Sec. 310. (a) In addition to any other estimates the
Director is required to make pursuant to the Congressional
Budget Act of 1974 and the Rules of the House of
Representatives, the Director of the Congressional Budget
Office shall, upon the request of the chairman of the
Committee on the Budget of the House of Representatives
(after consultation with the ranking minority member of that
committee), prepare an estimate for any major spending
legislation, as designated by the majority leader of the
House of Representatives (after consultation with the
monority leader of the House), of the change in spending and
revenues resulting from that legislation on the basis of
assumptions that estimate the probable dynamic macroeconomic
feedback effects of such legislation, and shall include a
statement identifying those assumptions. Such estimates shall
be submitted to the chairmen and ranking minority members of
the Committee on the Budget and of the committees of subject-
matter jurisdiction, and, if timely submitted, shall be
included in the reports on such legislation.
(b)(1) The Joint Committee on Taxation shall conduct a
study of the feasibility of providing fiscal estimates of the
dynamic macroeconomic feedback effects of tax legislation.
Such study shall analyze--
[[Page 1472]]
(A) the difficulty of predicting--
(i) monetary responses to tax legislation,
(ii) international responses to domestic policy changes,
including changes in international flows of capital,
(iii) short-term changes in the labor supply, interest
rates, and savings rates,
(iv) the effect that changes in investment will have on
growth rates, and
(v) changes in economic efficiencies,
(B) how significant a proposal should be in order to
warrant a dynamic macroeconomic feedback estimate,
(C) under what circumstances it is appropriate to estimate
microeconomic effects or sector effects even when there is no
macroeconomic effect,
(D) whether it is feasible to quantify the reliability of
dynamic macroeconomic feedback estimates,
(E) whether there are procedural complixities in making
such estimates where such estimates involve variables outside
traditional revenue models, and
(F) whether it is appropriate to make such estimates for
tax legislation if such estimates are not made for other
legislation.
(2) If the Joint Committee on Taxation determines that
fiscal estimates of dynamic macroeconomic feedback effects of
tax legislation are feasible, such study shall include
examples of such estimates for several hypothetical tax
policy changes.
(3) The report of such study shall be submitted not later
than May 1, 1997, to--
(A) the Committee on Ways and Means of the House of
Representatives,
(B) the Committee on Finance of the Senate,
(C) the Speaker, Majority Leader, and Minority Leader of
the House of Representatives, and
(D) the Majority Leader and Minority Leader of the Senate.
(4) Pending completion of such study, the Joint Committee
on Taxation shall continue its current practice of taking
into account the following behavioral effects (among other);
changes in the timing of transactions; shifts between
corporate and noncorporate income; changes in the mix of
employee compensation between cash and nontaxable fringe
benefits; changes in relative prices and resulting shifts in
demand between taxed and untaxed commodities; capital gains
realization effects; and portfolio shifts between taxable and
nontaxable assets.
(5) The Joint Committee on Taxation may continue its
current practice of contracting with nationally recognized
macroeconomic modeling firms to investigate macroeconomic
feedback effects of hypothetical tax policy changes.
(c) Estimates made pursuant to this section are to be used
for informational purposes only.
para.85.12 h. con. res. 193--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the following concurrent resolution, (H. Con. Res. 193),
expressing the sense of the Congress that the cost of government
spending and regulatory programs should be reduced so that American
families will be able to keep more of what they earn.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
376
<3-line {>
affirmative
Nays
23
para.85.13 [Roll No. 293]
YEAS--376
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NAYS--23
Becerra
Beilenson
Brown (FL)
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Dellums
Dingell
Foglietta
Johnson, E. B.
McDermott
Meek
Miller (CA)
Mollohan
Oberstar
Pelosi
Stark
Thompson
Volkmer
Waters
Waxman
NOT VOTING--34
Bishop
Clay
Clayton
Dickey
Dunn
Everett
Foley
Ford
Gibbons
Hall (OH)
Hayes
Hilleary
Hobson
Johnston
Kaptur
Lincoln
Manton
McDade
McKinney
Meehan
Norwood
Obey
Petri
Quinn
Roukema
Sabo
Tejeda
Torricelli
Watt (NC)
Weldon (FL)
Williams
Wise
Young (FL)
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.85.14 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Tuesday, July 9, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. EWING, announced that the yeas had it.
Mr. KLUG demanded a recorded vote on agreeing to the Speaker's
approval of the Journal, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
[[Page 1473]]
Yeas
342
It was decided in the
Nays
53
<3-line {>
affirmative
Answered present
1
para.85.15 [Roll No. 294]
AYES--342
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Browder
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
Engel
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Forbes
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefner
Herger
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McNulty
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Ward
Waxman
Weldon (PA)
White
Whitfield
Wicker
Wilson
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOES--53
Abercrombie
Borski
Brown (CA)
Brown (OH)
Clyburn
Coleman
Collins (MI)
DeFazio
Dingell
English
Ensign
Fazio
Filner
Fox
Funderburk
Gephardt
Geren
Gutknecht
Hastings (FL)
Hefley
Heineman
Hilliard
Hinchey
Hoke
Jackson-Lee (TX)
Jacobs
Latham
Levin
Lewis (GA)
Longley
Martinez
Martini
Meek
Menendez
Oberstar
Pallone
Pickett
Pombo
Rush
Schroeder
Slaughter
Stockman
Taylor (MS)
Thompson
Torkildsen
Velazquez
Vento
Visclosky
Volkmer
Waters
Watts (OK)
Weller
Wolf
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--37
Bishop
Brewster
Bunn
Clay
Clayton
Coburn
Dickey
Dunn
Everett
Foley
Ford
Gibbons
Hall (OH)
Hayes
Hilleary
Istook
Johnston
Kaptur
Lincoln
McDade
McIntosh
McKinney
Meehan
Norwood
Obey
Petri
Quinn
Sabo
Taylor (NC)
Tejeda
Torricelli
Watt (NC)
Weldon (FL)
Williams
Wise
Young (FL)
Zimmer
So the Journal was approved.
para.85.16 order of business--consideration of amendment-- h.r. 3754
On motion of Mr. PACKARD, by unanimous consent,
Ordered, That during the consideration of the bill (H.R. 3754) making
appropriations for the Legislative Branch for the fiscal year ending
September 30, 1997, and for other purposes, pursuant to House Resolution
473, the following amendment submitted by Mr. Packard may be considered
at any time as though it were an amendment printed in House Report 104-
663, and that the time for debate shall be limited to 10 minutes:
On page 32, at the end of line 17, add the following: (c)
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in section 9.400 through 9.409 of title
48, Code of Federal Regulations.
para.85.17 legislative branch appropriations
The SPEAKER pro tempore, Mr. EWING, pursuant to House Resolution 473
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3754) making appropriations for the Legislative Branch for the
fiscal year ending September 30, 1997, and for other purposes.
The SPEAKER pro tempore, Mr. EWING, by unanimous consent, designated
Mr. LINDER as Chairman of the Committee of the Whole; and after some
time spent therein,
The Committee rose informally to receive a message from the President.
The SPEAKER pro tempore, Mr. CASTLE, assumed the Chair.
para.85.18 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
para.85.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
CAMPBELL:
Before the short title at the end of the bill, add the
following new section:
Sec. 312. (a) In addition to any other estimates the
Director is required to make pursuant to the Congressional
Budget Act of 1974 and the Rules of the House of
Representatives, the Director of the Congressional Budget
Office shall, upon the request of the chairman of the
Committee on the Budget of the House of Representatives
(after consultation with the ranking minority member of that
committee), prepare an estimate for any major spending
legislation, as designated by the majority leader of the
House of Representatives (after consultation with the
minority leader of the House), of the change in spending and
revenues resulting from the legislation on the basis of
assumptions that estimate the probable dynamic macroeconomic
feedback effects of such legislation, and shall include a
statement identifying those assumptions. Such estimates shall
be submitted to the chairmen and ranking minority members of
the Committee on the Budget and of the committees of subject-
matter jurisdiction, and, if timely submitted, shall be
included in the reports on such legislation.
(b) In addition to any other estimates the Chief of Staff
is required to make pursuant to the Congressional Budget Act
of 1974, the Internal Revenue Code of 1986, and the Rules of
the House of Representatives, the Chief of Staff of the Joint
Committee on Taxation shall, upon the request of the chairman
of the Committee on Ways and Means of the House of
Representatives (after consultation with the ranking minority
member of that committee), prepare an analysis of any major
tax legislation, as designated by the majority of the House
of Representatives (after consultation with the minority
leader of the House), of the change in spending and
[[Page 1474]]
revenues resulting from that legislation on the basis of
assumptions that estimate the probable dynamic macroeconomic
feedback effects of such legislation, and shall include a
statement identifying those assumptions. Such analyses shall
be submitted to the chairmen and ranking minority members of
the Committee on Ways and Means and of the committees of
subject-matter jurisdiction, and if timely submitted, shall
be included in the reports on such legislation.
(c) Estimates and analyses made pursuant to this section
are to be used for informational purposes only.
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
181
para.85.20 [Roll No. 295]
AYES--239
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Berman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOES--181
Abercrombie
Ackerman
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lazio
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Rahall
Reed
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--14
Clay
Dunn
Ford
Gephardt
Gibbons
Gutierrez
Hayes
Lantos
Lincoln
Longley
McDade
Rangel
Watt (NC)
Young (FL)
So the amendment, as modified, was agreed to.
para.85.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
Page 35 after line 22, insert the following new section:
Sec. 310. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 1.9 percent.
It was decided in the
Yeas
172
<3-line {>
negative
Nays
248
para.85.22 [Roll No. 296]
AYES--172
Allard
Baker (CA)
Baldacci
Barcia
Barr
Barrett (WI)
Bartlett
Barton
Bentsen
Blute
Browder
Brownback
Bryant (TN)
Bunning
Burton
Camp
Campbell
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
Dickey
Doggett
Doyle
Dreier
Duncan
Ensign
Ewing
Fawell
Flanagan
Foley
Fox
Franks (CT)
Franks (NJ)
Funderburk
Furse
Ganske
Geren
Gillmor
Goodlatte
Gordon
Goss
Graham
Green (TX)
Gutknecht
Hall (TX)
Hamilton
Hancock
Harman
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Hostettler
Hutchinson
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kleczka
Klug
LaHood
Largent
Latham
Laughlin
Leach
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas
Luther
Maloney
Manzullo
Martini
Mascara
McHale
McHugh
McInnis
McIntosh
Meehan
Metcalf
Meyers
Mica
Minge
Montgomery
Moorhead
Myrick
Neumann
Norwood
Nussle
Orton
Parker
Pastor
Paxon
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quinn
Radanovich
Ramstad
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shays
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thornberry
Tiahrt
Torricelli
Upton
Ward
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Zimmer
NOES--248
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Ballenger
Barrett (NE)
Bass
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Burr
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Everett
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Forbes
Fowler
Frank (MA)
Frelinghuysen
Frisa
Frost
Gallegly
Gejdenson
Gekas
Gilchrest
Gilman
Gonzalez
Goodling
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hansen
Hastert
Hastings (FL)
Hefner
Hilliard
Hinchey
Hobson
Horn
Houghton
Hoyer
Hunter
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
[[Page 1475]]
Kildee
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaTourette
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lowey
Manton
Markey
Martinez
Matsui
McCarthy
McCollum
McCrery
McDermott
McKeon
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Pryce
Quillen
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Rogers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (TX)
Spratt
Stark
Stokes
Studds
Tauzin
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Waters
Waxman
Weldon (PA)
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOT VOTING--13
Clay
Dunn
Ford
Gephardt
Gibbons
Gutierrez
Hayes
Lantos
Lincoln
Longley
McDade
Watt (NC)
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. LINDER, Chairman, pursuant to House Resolution 473, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 28, beginning on line 9, strike out ``3,700
workyears'' and insert in lieu thereof ``3,600 workyears by
the end of fiscal year 1997''.
On page 32, at the end of line 17, add the following: (c)
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in section 9.400 through 9.409 of title
48, Code of Federal Regulations.
Page 35, after line 22, insert the following new section:
Sec. 310. Any amount appropriated in this Act for ``HOUSE
OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 1997. Any amount remaining after all payments are
made under such allowances for such fiscal year shall be
deposited in the Treasury, to be used for deficit reduction.
Page 35, after line 22, insert the following new section.
Sec. 310. (a) Each mass mailing sent by a Member of the
House of Representatives shall bear in a prominent place on
its face, or on the envelope or outside cover or wrapper in
which the mail matter is sent, the following notice: ``THIS
MAILING WAS PREPARED, PUBLISHED, AND MAILED AT TAXPAYER
EXPENSE.'', or a notice to the same effect in words which may
be prescribed under subsection (c). The notice shall be
printed in a type size not smaller than 7-point.
(b)(1) There shall be published in the itemized report of
disbursements of the House of Representatives as required by
law, a summary tabulation setting forth, for the office of
each Member of the House of Representatives, the total number
of pieces of mass mail mailed during the period involved and
the total cost of those mass mailings.
(2) Each such tabulation shall also include--
(A) the total cost (as referred to in paragraph (1))
divided by the number (as determined by the Postmaster
General) of addresses (other than business possible delivery
stops) in the Congressional district from which the Member
was elected (as such addresses are described in section
3210(d)(7)(B) of title 39, United States Code); and
(B) the total number of pieces of mass mail (as referred to
in paragraph (1)) divided by the number (as determined by the
Postmaster General) of addresses (other than business
possible delivery stops) in the Congressional district from
which the Member was elected (as such addresses are described
in section 3210(d)(7)(B) of title 39, United States Code).
(c) The Committee on House Oversight shall prescribe such
rules and regulations and shall take such other action as the
Committee considers necessary and proper for Members to
conform to the provisions of this subsection and applicable
rules and regulations.
(d) For purposes of this section--
(1) the term ``Member of the House of Representatives''
means a Representative in, or a Delegate or Resident
Commissioner to, the Congress; and
(2) the term ``mass mailing'' has the meaning given such
term by section 3210(a)(6)(E) of title 39, United States
Code.
Before the short title at the end of the bill, add the
following new section:
Sec. 312. (a) In addition to any other estimates the
Director is required to make pursuant to the Congressional
Budget Act of 1974 and the Rules of the House of
Representatives, the Director of the Congressional Budget
Office shall, upon the request of the chairman of the
Committee on the Budget of the House of Representatives
(after consultation with the ranking minority member of that
committee), prepare an estimate for any major spending
legislation, as designated by the majority leader of the
House of Representatives (after consultation with the
minority leader of the House), of the change in spending and
revenues resulting from the legislation on the basis of
assumptions that estimate the probable dynamic macroeconomic
feedback effects of such legislation, and shall include a
statement identifying those assumptions. Such estimates shall
be submitted to the chairmen and ranking minority members of
the Committee on the Budget and of the committees of subject-
matter jurisdiction, and, if timely submitted, shall be
included in the reports on such legislation.
(b) In addition to any other estimates the Chief of Staff
is required to make pursuant to the Congressional Budget Act
of 1974, the Internal Revenue Code of 1986, and the Rules of
the House of Representatives, the Chief of Staff of the Joint
Committee on Taxation shall, upon the request of the chairman
of the Committee on Ways and Means of the House of
Representatives (after consultation with the ranking minority
member of that committee), prepare an analysis of any major
tax legislation, as designated by the majority of the House
of Representatives (after consultation with the minority
leader of the House), of the change in spending and revenues
resulting from that legislation on the basis of assumptions
that estimate the probable dynamic macroeconomic feedback
effects of such legislation, and shall include a statement
identifying those assumptions. Such analyses shall be
submitted to the chairmen and ranking minority members of the
Committee on Ways and Means and of the committees of subject-
matter jurisdiction, and if timely submitted, shall be
included in the reports on such legislation.
(c) Estimates and analyses made pursuant to this section
are to be used for informational purposes only.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. FAZIO moved to recommit the bill to the Committee on
Appropriations with instructions to report the bill back to the House
forthwith with the following amendments:
On page 4, line 7, strike ``$22,577,000'' and insert
``$22,427,000''; and
On page 4, line 8, strike ``$16,577,000'' and insert
``$16,427,000.''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the nays had it.
Mr. FAZIO demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
191
<3-line {>
negative
Nays
230
para.85.23 [Roll No. 297]
AYES--191
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
[[Page 1476]]
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--230
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--12
Clay
Dunn
Ford
Gibbons
Gutierrez
Hayes
Lantos
Lincoln
Longley
McDade
Watt (NC)
Young (FL)
So the motion to recommit with instructions was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
360
<3-line {>
affirmative
Nays
58
para.85.24 [Roll No. 298]
YEAS--360
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Combest
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Menendez
Meyers
Mica
Millender-McDonald
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Spence
Spratt
Stokes
Studds
Stupak
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
NAYS--58
Andrews
Brown (FL)
Bryant (TX)
Chenoweth
Coble
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Danner
Dellums
Doggett
Engel
Fattah
Ganske
Green (TX)
Hamilton
Hancock
Hilliard
Jacobs
Johnston
LoBiondo
Lofgren
Markey
McDermott
Meehan
Meek
Metcalf
Miller (CA)
Minge
Moran
Neumann
Oberstar
Obey
Orton
Peterson (MN)
Petri
Roemer
Royce
Sabo
Sanford
Schroeder
Sensenbrenner
Slaughter
Solomon
Souder
Stark
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Torricelli
Volkmer
Yates
Zimmer
NOT VOTING--15
Clay
Dunn
Ford
Gibbons
Gutierrez
Hayes
Hyde
Lantos
Lincoln
Longley
McDade
Smith (TX)
Watt (NC)
Waxman
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 1477]]
para.85.25 providing for the consideration of h.r. 3755
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 472):
Resolved, That at any time after the adoption of this
resolution, the Speaker may, pursuant to clause 1(b) of rule
XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3755) making appropriations for the
Departments of Labor, Health and Human Services, and
Education, and related agencies, for the fiscal year ending
September 30, 1997, and for other purposes. The first reading
of the bill shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(6) of rule XI, clause 7 of rule XXI, or section 302 or
308 of the Congressional Budget Act of 1974 are waived.
General debate shall be confined to the bill and shall not
exceed two hours equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule. Points
of order against provisions in the bill for failure to comply
with clause 2 or 6 of rule XXI are waived. During
consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition on
the basis of whether the member offering an amendment has
caused it to be printed in the portion of the Congressional
Record designated for that purpose in clause 6 of rule XXIII.
Amendments so printed shall be considered as read. The
Chairman of the Committee of the Whole may postpone until a
time during further consideration in the Committee of the
Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than 15 minutes.
After the reading of the final lines of the bill, a motion
that the Committee of the Whole rise and report the bill to
the House with such amendments as may have been adopted
shall, if offered by the majority leader or a designee, have
precedence over a motion to amend. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
Mr. GOSS moved the previous question on the resolution to its adoption
or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that the yeas had
it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
218
When there appeared
<3-line {>
Nays
202
para.85.26 [Roll No. 299]
YEAS--218
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bateman
Beilenson
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Ehlers
Ehrlich
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Heineman
Herger
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--202
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Bereuter
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Funderburk
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefley
Hefner
Hilleary
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (WA)
Spratt
Stenholm
Stokes
Studds
Stupak
Tanner
Tate
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
NOT VOTING--13
Bartlett
Dunn
Ford
Gibbons
Hayes
Lantos
Lincoln
Longley
McDade
Stark
Watt (NC)
Yates
Young (FL)
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that the yeas had
it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.85.27 labor-hhs-education appropriations
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to House Resolution
472 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3755) making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 1997, and for other purposes.
The SPEAKER pro tempore, Mr. HUTCHINSON, by unanimous consent,
designated Mr. WALKER as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. LIVINGSTON, assumed the Chair.
[[Page 1478]]
When Mr. WALKER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.85.28 providing for the consideration of h.r. 3396
Mr. McINNIS, by direction of the Committee on Rules, reported (Rept.
No. 104-666) the resolution (H. Res. 474) providing for consideration of
the bill (H.R. 3396) to define and protect the institution of marriage.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.85.29 labor-hhs-education appropriations
The SPEAKER pro tempore, Mr. LIVINGSTON, pursuant to House Resolution
472 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 3755) making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 1997, and for other purposes.
Mr. WALKER, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
The SPEAKER pro tempore, Mr. CAMPBELL, assumed the Chair.
When Mr. WALKER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.85.30 message from the president--chinese globalstar satellite
project license suspension
The SPEAKER pro tempore, Mr. CAMPBELL, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the authority vested in me by section 902(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246) (``the Act''), and as President of the United States, I
hereby report to the Congress that it is in the national interest of the
United States to terminate the suspensions under section 902(a) of the
Act with respect to the issuance of licenses for defense article exports
to the People's Republic of China and the export of U.S.-origin
satellites, insofar as such restrictions pertain to the Globalstar
satellite project. License requirements remain in place for these
exports and require review and approval on a case-by-case basis by the
United States Government.
William J. Clinton.
The White House, July 9, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-242).
para.85.31 subpoena
The SPEAKER pro tempore, Mr. CAMPBELL, laid before the House the
following communication from Mr. Livingston, Chairman of the Committee
on Appropriations:
U.S. House of Representatives,
Committee on Appropriations,
Washington, DC, July 10, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Jim Dyer, currently the staff director of the
Appropriations Committee and formerly a staff assistant for
Congressman Joseph McDade of Pennsylvania, has been served
with a subpoena issued by the U.S. District court for the
Eastern District of Pennsylvania in the case of U.S. v.
McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bob Livingston,
Chairman.
para.85.32 subpoena
The SPEAKER pro tempore, Mr. CAMPBELL, laid before the House the
following communication from Mr. Livingston, Chairman of the Committee
on Appropriations:
U.S. House of Representatives,
Committee on Appropriations,
Washington, DC, July 10, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Deborah Weatherly, currently a staff assistant of the
Appropriations Committee and formerly a staff assistant for
Congressman Joseph McDade of Pennsylvania, has been served
with a subpoena issued by the U.S. District court for the
Eastern District of Pennsylvania in the case of U.S. v.
McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bob Livingston,
Chairman.
para.85.33 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 3121. An Act to amend the Foreign Assistance Act of
1961 and the Arms Export Control Act to make improvements to
certain defense and security assistance provisions under
those acts, to authorize the transfer of naval vessels to
certain foreign countries, and for other purposes.
para.85.34 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 3121. An Act to amend the Foreign Assistance Act of
1961 and the Arms Export Control Act to make improvements to
certain defense and security assistance provisions under
those acts, to authorize the transfer of naval vessels to
certain foreign countries, and for other purposes.
para.85.35 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. DUNN, for today;
To Mr. YOUNG of Florida, for today and balance of the week;
To Mr. LONGLEY, for today after 3:30 p.m. and balance of the week;
To Mr. YATES, for today after 5:30 p.m.;
To Mrs. LINCOLN, for today and balance of the week; and
To Mr. WATT of North Carolina, for today.
And then,
para.85.36 adjournment
On motion of Mr. ROHRABACHER, at 11 o'clock and 51 minutes p.m., the
House adjourned.
para.85.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. McINNIS: Committee on Rules. House Resolution 474.
Resolution providing for consideration of the bill (H.R.
3396) to define and protect the institution of marriage
(Rept. No. 104-666). Referred to the House Calendar.
para.85.38 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2823. A
bill to amend the Marine Mammal Protection Act of 1972 to
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean, and for other purposes: with
an amendment; referred to the Committee on Ways and Means for
a period ending not later than July 23, 1996, for
consideration of such provisions of the bill and amendment as
fall within the jurisdiction of that committee pursuant to
clause 1(s), rule X. (Rept. No. 104-665, Pt. 1). Ordered to
be printed.
para.85.39 discharge of committee
Pursuant to clause 5 of rule X the Committee on Science
discharged from further consideration. H.R. 1514 referred to
the Committee of the Whole House on the State of the Union.
para.85.40 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BAESLER:
H.R. 3767. A bill to require the Secretary of Defense to
carry out a pilot program to identify and demonstrate
feasible alternatives to demilitarization of assembled
chemical munitions under the baseline incinerator program; to
the Committee on National Security.
By Mr. BLUTE:
H.R. 3768. A bill to designate a United States Post Office
to be located in Groton, MA, as the ``Augusta `Gusty'
Hornblower United States Post Office''; to the Com
[[Page 1479]]
mittee on Government Reform and Oversight.
By Mr. BUNN of Oregon:
H.R. 3769. A bill to provide for the conditional transfer
of the Oregon and California Railroad Grant Lands, the Coos
Bay Military Wagon Road Grant Lands, and related public
domain lands to the State of Oregon; to the Committee on
Resources, and in addition to the Committee on Agriculture,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. CAMPBELL:
H.R. 3770. A bill to make the antitrust laws inapplicable
to the negotiations between a coalition of health-care
professionals and a health-care service plan regarding the
wages, rates of pay, hours of work, and other terms and
conditions of a contract between a member of such health-care
professionals coalition and a health-care service plan, and
to their carrying out such terms and conditions; to the
Committee on the Judiciary.
By Mr. CASTLE (for himself, Mr. Bachus, Mr. Blute, Mr.
Frank of Massachusetts, Mr. Goss, Ms. Greene of Utah,
Mr. Jacobs, Mr. LoBiondo, Mr. McHale, Mr. Parker, Mr.
Poshard, and Mr. Shays):
H.R. 3771. A bill to amend the formula for determining the
official mail allowance for Members of the House of
Representatives; to the Committee on House Oversight.
H.R. 3772. A bill to establish certain disclosure
requirements relating to franked mail sent by Members of the
House of Representatives; to the Committee on House
Oversight.
H.R. 3773. A bill to prevent Members of the House of
Representatives from making mass mailings during an election
year, and for other purposes; to the Committee on House
Oversight, and in addition to the Committee on Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
H.R. 3774. A bill to change from 500 to 250 the number of
pieces of mail constituting a mass mailing in the case of a
Member of the House of Representatives; to the Committee on
House Oversight, and in addition to the Committee on
Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DeLAY (for himself, Mr. Condit, Mr. Hostettler,
Mr. Mica, Mr. Myers of Indiana, Mr. McIntosh, Mr.
Stockman, Mr. Buyer, Mr. Burton of Indiana, Mr.
Chapman, Mr. McCollum, Mr. Johnston of Florida, Mr.
Smith of Texas, Mr. Lewis of Kentucky, Mr. Bereuter,
Mr. Ward, Mr. Hamilton, Mr. Laughlin, Mr. Taylor of
North Carolina, Mr. Stenholm, Mr. Roemer, Mr. Jacobs,
Ms. Brown of Florida, Mrs. Fowler, Mr. Goodlatte, Mr.
Bonilla, Mr. Pete Geren of Texas, Mr. Thornberry,
Mrs. Lincoln, Mr. Frost, Mr. Bateman, Mr. Sisisky,
Mr. Pickett, Mr. Ballenger, Mr. Payne of Virginia,
Mr. Moran, Mr. Barton of Texas, Mr. Bentsen, and Mr.
Stump):
H.R. 3775. A bill to authorize funds for construction of
highways, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. ENSIGN (for himself, Mr. English of
Pennsylvania, Mr. Pete Geren of Texas, Mr. Ramstad,
Mr. Zimmer, Mr. Jacobs, Mr. Christensen, Mr.
Laughlin, Mr. Hayes, Mr. Stearns, Mr. Wicker, Mr.
Lipinski, Mr. Barton of Texas, Mr. Baker of
Louisiana, Mr. Bryant of Tennessee, and Mr. Largent):
H.R. 3776. A bill to amend the Crime Control Act of 1990
with respect to the work requirement for Federal prisoners
and to amend title 18, United States Code, with respect to
the use of Federal prison labor by nonprofit entities, and
for other purposes; to the Committee on the Judiciary, and in
addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. HASTINGS of Washington:
H.R. 3777. A bill to approve a settlement agreement between
the Bureau of Reclamation and the Oroville-Tonasket
Irrigation District; to the Committee on Resources.
By Mr. KENNEDY of Massachusetts (for himself, Mr.
Frost, Ms. Lofgren, Ms. Norton, Mr. Underwood, and
Mr. Frazer):
H.R. 3778. A bill to provide grants to the States for drug
testing projects when individuals are arrested and during the
pretrial period; to the Committee on the Judiciary.
By Mr. OBERSTAR (for himself, Mr. Durbin, Mr. Frazer,
Mr. Meehan, Mr. Minge, Mr. Hansen, Mrs. Morella, Mr.
Reed, Mr. Serrano, Mr. Dellums, and Ms. Eddie Bernice
Johnson of Texas):
H.R. 3779. A bill to amend title XIX of the Social Security
Act to reward States for collecting Medicaid funds expended
on tobacco-related illnesses, and for other purposes; to the
Committee on Commerce, and in addition to the Committee on
the Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SOUDER:
H.R. 3780. A bill to protect residents and localities from
irresponsibly sited hazardous waste facilities; to the
Committee on Commerce.
By Mr. ZIMMER:
H.R. 3781. A bill to require the National
Telecommunications and Information Administration to update
its report on hate speech, especially as it relates to hate
speech on the Internet, and for other purposes; to the
Committee on Commerce.
By Mr. GUTKNECHT (for himself, Mr. Zimmer, Mr. Fazio of
California, Mrs. Myrick, Mr. Frost, Mr. Horn, Mr.
Deutsch, Mr. Walsh, and Mr. Weller):
H. Con. Res. 196. Concurrent resolution expressing the
sense of the Congress that each State should enact
legislation regarding notification procedures necessary when
a sexually violent offender is released; to the Committee on
the Judiciary.
By Mr. MARKEY (for himself and Mr. Shays):
H. Con. Res. 197. Concurrent resolution expressing the
sense of the Congress that the Department of Energy should
suspend spent nuclear fuel and radio active target material
reprocessing activities; to the Committee on Commerce, and in
addition to the Committee on National Security, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
para.85.41 memorials
Under clause 4 of rule XXII.
236. The SPEAKER presented a memorial of the General
Assembly of the State of Rhode Island, relative to Senate
Joint Resolution 96-2452 memorializing the President and the
Congress of the United States to amend the Federal Food,
Drug, and Cosmetic Act and the Public Health Service Act to
facilitate the development and approval of new drugs and
biologics; to the Committee on Commerce.
para.85.42 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Ms. DeLauro.
H.R. 103: Mr. Longley and Mr. Sanders.
H.R. 104: Mr. Walsh.
H.R. 303: Ms. DeLauro.
H.R. 382: Mr. Yates.
H.R. 797: Mr. Brown of California, Mr. Flake, Mr. Waxman,
and Mr. Ackerman.
H.R. 878: Mr. Klug.
H.R. 1281: Mr. Torricelli and Mr. Filner.
H.R. 1386: Mr. Kim.
H.R. 1462: Mr. McNulty, Mr. Orton, Mr. Kennedy of Rhode
Island, Mr. Hutchinson, Mr. Torkildsen, Mr. Baesler, Mr.
Blute, Mr. Kingston, Mr. Brown of California, Mr. Pete Geren
of Texas, Mr. Neal of Massachusetts, Mr. Bunning of Kentucky,
Mr. Horn, and Mr. Whitfield.
H.R. 1484: Mr. Johnson of South Dakota.
H.R. 1513: Mr. Watts of Oklahoma.
H.R. 1797: Mr. Dellums.
H.R. 2026: Mr. Ensign and Mr. Parker.
H.R. 2092: Mr. Frank of Massachusetts and Mr.
Sensenbrenner.
H.R. 2138: Mr. Jacobs.
H.R. 2143: Ms. Woolsey.
H.R. 2244: Mr. Linder and Mr. Deal of Georgia.
H.R. 2320: Ms. Molinari.
H.R. 2407: Ms. Rivers.
H.R. 2416: Mr. Shays.
H.R. 2422: Mr. Pallone.
H.R. 2480: Mr. Klug.
H.R. 2508: Mr. Bunning of Kentucky, Mr. Cunningham, and Mr.
Ballenger.
H.R. 2579: Mr. McInnis, Mr. Gutknecht, Mr. Neal of
Massachusetts, Mrs. Schroeder, Mr. Skeen, and Mr. Nadler.
H.R. 2727: Mr. Shadegg, Mr. Collins of Georgia, Mr. Coble,
Mr. English of Pennsylvania, and Mrs. Cubin.
H.R. 2822: Mr. Scarborough.
H.R. 2834: Mr. Stupak and Mr. Ackerman.
H.R. 2892: Mr. Pallone.
H.R. 2900: Mr. Lightfoot, Mr. Shadegg, Mr. Minge, Mr. Ney,
Mr. Ford, Ms. Eshoo, Mr. Bass, and Mr. Pete Geren of Texas.
H.R. 3037: Mr. Stenholm, Mr. Ackerman, and Mr. Stupak.
H.R. 3100: Mr. Baker of Louisiana.
H.R. 3195: Mr. Montgomery.
H.R. 3213: Mrs. Kelly, Mr. Wilson, and Mr. Evans.
H.R. 3724: Mr. LaFalce and Mr. Ackerman.
H.R. 3385: Mr. Burton of Indiana and Mr. Cunningham.
H.R. 3393: Mr. Torricelli and Ms. Furse.
H.R. 3418: Mr. Watts of Oklahoma.
H.R. 3423: Mr. Hancock and Mr. Livingston.
H.R. 3424: Mr. McInnis.
H.R. 3433: Ms. Kaptur.
H.R. 3447: Mr. Herger.
H.R. 3460: Mr. McHale.
H.R. 3496: Mr. Cummings.
H.R. 3505: Mr. Pastor and Mr. Ford.
H.R. 3514: Mr. Holden, Mr. Poshard, and Mr. Cunningham.
H.R. 3565: Mr. Barr.
H.R. 3573: Mr. LoBiondo.
H.R. 3586: Mr. Watts of Oklahoma.
H.R. 3629: Mr. Martini and Mr. Evans.
H.R. 3631: Mr. Ackerman, Mr. Bilbray, Mr. Diaz-Balart, Ms.
Norton, and Mrs. Vucanovich.
H.R. 3636: Mr. Allard and Mr. Flanagan.
H.R. 3645: Mr. Evans, Mrs. Morella, Mr. Stupak, Mr.
Ackerman, and Mr. Oxley.
[[Page 1480]]
H.R. 3648: Mr. Thompson.
H.R. 3677: Mr. Stark and Mr. Ensign.
H.R. 3687: Mr. Shadegg, Mr. Watts of Oklahoma, Mr. Ewing,
and Mr. Cooley.
H.R. 3710: Mr. Traficant, Mr. Clyburn, Mr. Ackerman, Mr.
Neal of Massachusetts, Mrs. Meek of Florida, Mrs. Kennelly,
Mr. Hastings of Florida, Mrs. Thurman, Mr. Moakley, Mr. Ford,
Mr. Fattah, Mr. Wilson, Mr. Frost, Ms. DeLauro, Mr. Yates,
Mr. Sisisky, Mrs. Johnson of Connecticut, Mr. Frazer, Mr.
LaFalce, Mr. Rahall, Mr. Matsui, and Ms. Velazquez.
H.R. 3715: Mr. Calvert, Mr. Hoke, Mr. Abercrombie, and Mr.
Brown of Ohio.
H.R. 3735: Mr. Gilman.
H.R. 3749: Mr. Houghton.
H. Con. Res. 135: Mr. Nadler, Mr. Abercrombie, and Mr.
Sanders.
H. Con. Res. 173: Mr. Ney and Mr. Goodlatte.
H. Res. 286: Mr. McHale.
H. Res. 452: Mr. Hefley, Mr. Thomas, and Mr. Martinez.
.
THURSDAY, JULY 11, 1996 (86)
The House was called to order by the SPEAKER.
para.86.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, July 10, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.86.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4071. A letter from the Administrator, Farm Service Agency,
transmitting the Agency's final rule--Final Rule:
Implementation of the Farm Program Provisions of the 1996
Farm Bill (RIN: 0561-AE81) received July 11, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4072. A letter from the Secretary of Agriculture,
transmitting recommendations concerning the steps necessary
to achieve interstate shipment of meat inspected under a
State meat inspection program developed and administered
under Section 301 of the Federal Mean Inspection Act (21
U.S.C. 661); and poultry inspected under a State poultry
product inspection program developed and administered under
section 5 of the Poultry Products Inspection Act (21 U.S.C.
454), pursuant to Public Law 104-127, section 918(b) (110
Stat. 1190); to the Committee on Agriculture.
4073. A letter from the Secretary of Agriculture,
transmitting the Service's final rule--Deletion of Part 16--
Limitation on Imports of Meat, from Title 7 of the Code of
Federal Regulation (Foreign Agricultural Service) (RIN: 0551-
AA45) received July 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4074. A communication from the President of the United
States, transmitting amendments to the fiscal year 1997
appropriations requests for the Departments of Housing and
Urban Development, Justice, and Veterans Affairs, and the
National Bankruptcy Review Commission, pursuant to 31 U.S.C.
1107 (H. Doc. No. 104-244); to the Committee on
Appropriations and ordered to be printed.
4075. A letter from the Acting Director, the Office of
Management and Budget, transmitting the cumulative report on
rescissions and deferrals of budget authority as of July 1,
1996, pursuant to 2 U.S.C. 685(e) (H. Doc. 104-243); to the
Committee on Appropriations and ordered to be printed.
4076. A letter from the Secretary of Defense transmitting
the Secretary's certification that the current Future Years
Defense Program [FYDP] fully funds the support costs
associated with the M1A2 multiyear program through the period
covered by the FYDP, pursuant to 10 U.S.C. 2306b(i)(1)(A); to
the Committee on National Security.
4077. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Individual Compensation (DFARS Case 96-D314) received July 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
National Security.
4078. A letter from the Secretary of Housing and Urban
Development transmitting notification that is estimated that
the limitation of the Government National Mortgage
Association's [Ginnie Mae's] authority to make commitments
for a fiscal year will be reached before the end of that
fiscal year, pursuant to 12 U.S.C. 1721 note; to the
Committee on Banking and Financial Services.
4079. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting the Department's third semiannual report to
Congress, as required by section 403 of the Mexican Debt
Disclosure Act of 1995, and the June monthly report to
Congress, as required by section 404 of the same act,
pursuant to Public Law 104-6, section 404(a) (109 Stat. 90);
to the Committee on Banking and Financial Services.
4080. A letter from the General Counsel, Federal Emergency
Management Agency, transmitting a draft of proposed
legislation to amend the National Flood Insurance Act of 1968
to extend the act, authorize appropriations, and for other
purposes, pursuant to 31 U.S.C. 1110; to the Committee on
Banking and Financial Services.
4081. A letter from the Acting Executive Director,
Resolution Trust Corporation, transmitting the Corporation's
annual management report, July 8, 1996, pursuant to 31 U.S.C.
9106; to the Committee on Banking and Financial Services.
4082. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 3525, pursuant to Public Law 101-508, Section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
4083. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the notice of final funding priority
for school-to-work urban rural opportunities grants using
fiscal year 1995 funds, pursuant to 5 U.S.C. 801(a)(1)(B); to
the Committee on Economic and Educational Opportunities.
4084. A letter from the Assistant Secretary of Labor for
Mine Safety and Health, Department of Labor, transmitting the
Department's final rule--Safety Standards for Explosives at
Metal and Nonmetal Mines (RIN: 1219-AA84) received July 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
4085. A letter from the Assistant Secretary for Employment
and Training, Department of Labor, transmitting the
Department's final rule--Attestations by Employers Using
Alien Crewmembers for Longshore Work in U.S. Ports (RIN:
1205-AB03) received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the committee on Economic and Educational
Opportunities.
4086. A letter from the Acting Deputy Executive Director,
Pension Benefit Guaranty Corporation, transmitting the
Corporation's final rule--Reorganization, Renumbering, and
Reinvention of Regulations; Correction (RIN: 1212-AA75)
received July 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Economic and Educational Opportunities.
4087. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Allocation of
Assets in Single-Employer Plans; Interest Rate for Valuing
Benefits (29 CFR Part 4044) received July 10, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Economic and
Educational Opportunities.
4088. A letter from the Director, Budget, Management and
Information and Chief Information Officer, Department of
Commerce, transmitting the Department's final rule--Removal
of CFR Chapter (RIN: 0644-XX01) received July 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4089. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of a proposed license for the export of defense
articles or defense services sold commercially to Spain
(Transmittal No. DRC-35-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
4090. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Export of Nuclear Equipment and
Materials (RIN: 3150-AF51) received July 8, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on International
Relations.
4091. A letter from the Under Secretary for Domestic
Finance, Department of the Treasury, transmitting a report
concerning the operations and status of the civil service
retirement and disability fund [CSRDF] and the Government
Securities Investment fund (G-Fund) of the Federal Employees
Retirement System during the debt issuance suspension period
between November 15, 1995 and March 29, 1996, pursuant to 5
U.S.C. 8348(l)(1) and 5 U.S.C. 8438(h)(1); to the Committee
on Government Reform and Oversight.
4092. A letter from the District of Columbia Auditor,
transmitting a copy of a report entitled, ``Performance
Review of Contract Appeals Process,'' pursuant to D.C. Code,
section 47-117(d); to the Committee on Government Reform and
Oversight.
4093. A letter from the Deputy Director, Office of
Personnel Management, transmitting the Office's final rule--
Prevailing Rate Systems; Redefinition of Anchorage, AK,
Nonappropriated Fund Wage Area (RIN: 3206-AH54) received July
10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4094. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Political
Activities of Federal Employees (RIN: 3206-AH33) received
July 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4095. A letter from the Secretary of Commerce, transmitting
the program development plan for the Antarctic Living Marine
Resources Convention Act of 1984, pursuant to 16 U.S.C. 2431
and so forth; to the Committee on Resources.
4096. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
4097. A letter from the Assistant Secretary, Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule--Use and Occupancy Under the
Mining Laws (RIN: 1004-AC39) re
[[Page 1481]]
ceived July 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4098. A letter from the Assistant Secretary for Policy,
Management and Budget, Department of the Interior,
transmitting the Department's final rule--Department of the
Interior Acquisition Regulation; Foreign Construction
Materials (RIN: 1090-AA55) received July 8, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
4099. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Atlantic Swordfish Fishery; Drift Gillnet Closure (I.D.
062796B) received July 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4100. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Pacific Coast Groundfish Fishery; Trip Limit Reductions
[Docket No. 951227306-5306-01] received July 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4101. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Exempted Fisheries (I.D. 062896B)
received July 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4102. A letter from the Deputy Independent Counsel, Office
of Independent Counsel, transmitting the Independent
Counsel's report, In Re: Ronald H. Brown, dated July 6, 1996,
pursuant to 28 U.S.C. 595(a)(2); to the Committee on the
Judiciary.
4103. A letter from the General Counsel of the Navy
transmitting a draft of proposed legislation to amend section
329 of the Immigration and Nationality Act to clarify
naturalization through active duty and to complete the
application of applicants in the Philippines; to the
Committee on the Judiciary.
4104. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Effect of Parole of Cuban and Haitian Nationals on
Resettlement Assistance Eligibility [INS No. 1751-96] (RIN:
1115-AE29) received July 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
4105. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of Jet Routes J-86 and J-92--Docket No. 93-AWP-4
(RIN: 2120-AA66) received July 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4106. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Pittsfield, MA--Docket No. 96-
ANE-12 (RIN: 2120-AA66) (1996-0093) received July 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4107. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Sturgis, SD--Docket No.
96-AGL-5 (RIN: 2120-AA66) (1996-0085) received July 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4108. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; La Porte, IN--Docket No. 96-
AGL-6 (RIN: 2120-AA66) (1996-0092) received July 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4109. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pratt & Whitney PW4000 Series
Turbofan Engines--Docket No. 96-ANE-10 (RIN: 2120-AA64)
received July 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4110. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Signal and Train Control; Miscellaneous Amendments [FRA
Docket No. RSSI-1; Notice No. 1] (RIN: 2130-AB06; 2130-AB05)
received July 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4111. A letter from the Chief Counsel, Bureau of the Public
Debt, transmitting the Bureau's final rule--Sale and Issue of
Marketable Book-Entry Treasury Bills, Notes, and Bonds
(Department of the Treasury Circular, Public Debt Series No.
1-93) (31 CFR Part 356) received July 11, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4112. A letter from the Administrator, Health Care
Financing Administration, transmitting the Administration's
final rule--Medicare and Medicaid Programs; Provider Appeals:
Technical Amendments (BPD-704-FC) received July 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); jointly, to the Committees
on Commerce and Ways and Means.
4113. A letter from the Chairman, Securities and Exchange
Commission, transmitting recommendations on protections from
securities fraud and abusive or unnecessary securities fraud
litigation that the Commission determines to be appropriate
to thoroughly protect such investors, pursuant to Public Law
104-67, section 106(a)(3) (109 Stat. 758); jointly, to the
Committees on Commerce and the Judiciary.
4114. A letter from the Executive Director, Office of
Compliance, transmitting notice of proposed rulemaking for
publication in the Congressional Record, pursuant to Public
Law 104-1, section 303(b) (109 Stat. 28); jointly, to the
Committee on House Oversight and Economic and Educational
Opportunities.
4115. A letter from the Chair of the Board, Office of
Compliance, transmitting notice of adopted regulations for
publication in the Congressional Record, pursuant to Public
Law 104-1, section 304(b)(3) (109) Stat. 29); jointly, to the
Committees on House Oversight and Economic and Educational
Opportunities.
4116. A letter from the General Counsel, Office of
Compliance, transmitting Report on Initial Inspections of
Facilities for Compliance With Occupational Safety and Health
Standards Under Section 215 of the Congressional
Accountability Act of 1995, pursuant to Public Law 104-1,
section 215(e) (109 Stat. 18); jointly, to the Committees on
House Oversight and Economic and Educational Opportunities.
4117. A letter from the General Counsel, Office of
Compliance, transmitting Report on Initial Inspections of
Facilities for Compliance With Americans With Disabilities
Act Standards Under Section 210 of the Congressional
Accountability Act, pursuant to Public Law 104-1, section
210(f) (109 Stat. 15); jointly, to the Committees on House
Oversight and Economic and Educational Opportunities.
para.86.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 743. An Act to amend the National Labor Relations Act
to allow labor management cooperative efforts that improve
economic competitiveness in the United States to continue to
thrive, and for other purposes.
para.86.4 committees and subcommittees to sit
On motion of Mr. McINNIS, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Government Reform and Oversight, the Committee on International
Relations, the Committee on the Judiciary, the Committee on National
Security, the Committee on Resources, and the Committee on
Transportation and Infrastructure.
para.86.5 providing for the consideration of h.r. 3396
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 474):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3396) to define and protect the institution of
marriage. The first reading of the bill shall be dispensed
with. Points of order against consideration of the bill for
failure to comply with clause 2(l)(6) of rule XI are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on the
Judiciary. After general debate the bill shall be considered
for amendment under the five-minute rule and shall be
considered as read. No amendment shall be in order except
those specified in the report of the Committee on Rules
accompanying this resolution. Each amendment may be
considered only in the order specified, may be offered only
by a member designated in the report, shall be considered as
read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment except as
specified in the report, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against the amendments
specified in the report are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. FRANK of Massachusetts objected to the vote on the ground that a
[[Page 1482]]
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
290
When there appeared
<3-line {>
Nays
133
para.86.6 [Roll No. 300]
YEAS--290
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Edwards
Ehlers
Ehrlich
English
Ensign
Evans
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Luther
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Young (AK)
Zeliff
Zimmer
NAYS--133
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chenoweth
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Dooley
Durbin
Engel
Eshoo
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Green (TX)
Greenwood
Gunderson
Gutierrez
Harman
Hastings (FL)
Hilliard
Hinchey
Hobson
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Klink
Kolbe
Lantos
Lewis (GA)
Lofgren
Lowey
Maloney
Markey
Martinez
Matsui
McDermott
McKinney
Meehan
Meek
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Williams
Woolsey
Yates
NOT VOTING--10
Dunn
Gibbons
Hall (OH)
Lincoln
Longley
McDade
Peterson (FL)
Riggs
Thornton
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.86.7 labor-hhs-education appropriations
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 472
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3755) making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 1997, and for other purposes.
Mr. WALKER, Chairman of the Committee of the Whole, resumed the Chair;
and after some time spent therein,
para.86.8 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. PELOSI:
Page 19, strike lines 8 through 15.
It was decided in the
Yeas
216
<3-line {>
affirmative
Nays
205
para.86.9 [Roll No. 301]
AYES--216
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (NJ)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Skelton
Slaughter
Smith (NJ)
Solomon
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
NOES--205
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
[[Page 1483]]
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Ehrlich
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Franks (CT)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
White
Whitfield
Wicker
Zeliff
Zimmer
NOT VOTING--12
Becerra
Clayton
Dunn
Fattah
Gibbons
Hall (OH)
Lincoln
Longley
McDade
Oberstar
Vento
Young (FL)
So the amendment was agreed to.
para.86.10 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. LOWEY:
Page 22, line 22, after the dollar amount, insert the
following: ``(reduced by $2,600,000)''.
Page 26, line 1, after the first dollar amount, insert the
following: ``(increased by $2,600,000)''.
It was decided in the
Yeas
158
<3-line {>
negative
Nays
263
para.86.11 [Roll No. 302]
AYES--158
Ackerman
Andrews
Baldacci
Barrett (WI)
Beilenson
Bentsen
Berman
Blumenauer
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Clay
Clayton
Clement
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Davis
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Durbin
Engel
Eshoo
Evans
Farr
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Ganske
Gejdenson
Gephardt
Gilchrest
Gilman
Greenwood
Gutierrez
Harman
Hastings (FL)
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Kleczka
LaFalce
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Porter
Pryce
Quinn
Rangel
Reed
Rivers
Roemer
Roukema
Roybal-Allard
Rush
Sabo
Sawyer
Schiff
Schroeder
Schumer
Serrano
Shays
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Torkildsen
Torres
Torricelli
Towns
Upton
Velazquez
Visclosky
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
White
Wolf
Woolsey
Wynn
Yates
Zimmer
NOES--263
Abercrombie
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Frisa
Funderburk
Gallegly
Gekas
Geren
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kildee
Kim
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manzullo
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Olver
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Quillen
Radanovich
Rahall
Ramstad
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Young (AK)
Zeliff
NOT VOTING--12
Becerra
Dunn
Fattah
Gibbons
Hall (OH)
Hancock
Lincoln
Longley
McDade
Oberstar
Vento
Young (FL)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. FORBES, assumed the Chair.
When Mr. WALKER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.86.12 order of business--consideration of h.r. 3755 and amendments
thereto
On motion of Mr. PORTER, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 3755)
making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes, for amendment in the
Committee of the Whole House on the State of the Union, pursuant to
House Resolution 472, conclude at 11:00 p.m.; and that the bill be
considered as having been read; and
Ordered further, That no amendment shall be in order except for the
following amendments, which shall be considered as read, shall not be
subject to amendment, except as specified, or to a demand for a division
of the question in the House or in the Committee of the Whole, and shall
be debatable for the time specified, equally divided and controlled by
the proponent and a Member opposed: amendment numbered 3 by Mr. Hefley
for 5 minutes; amendment numbered 5 by Mrs. Lowey for 30 minutes;
amendment numbered 23 by Mr. Gutknecht for 10 minutes; unnumbered
amendment by Mr. Campbell for 10 minutes; unnumbered amendment by either
Mr. Thomas or Mr. Bunning, and a substitute if offered by Mr. Hoyer, for
20 minutes; amendment numbered 1 by Mr. Istook, and a substitute if
offered by Mr. Obey, for 30 minutes; either amendment numbered 12 or 13
by Mr. Sanders for 10 minutes; amendment numbered 14 by Mr. Sanders for
10 minutes; amendment numbered 15 by Mr. Solomon for 5 minutes;
[[Page 1484]]
amendment numbered 16 by Mr. Solomon for 5 minutes; amendment numbered
18 by Mr. Campbell for 20 minutes; unnumbered amendment by Mr. Roemer
for 10 minutes; unnumbered amendment by Mr. Traficant for 5 minutes;
amendment numbered 28 by Mr. McIntosh for 10 minutes; and either
amendment numbered 7 or 29 by Mr. Mica for 5 minutes.
para.86.13 providing for the consideration of h.r. 3756
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-671) the privileged resolution (H. Res. 475) providing for
consideration of the bill (H.R. 3756) making appropriations for the
Treasury Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for the
fiscal year ending September 30, 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.86.14 labor-hhs-education appropriations
The SPEAKER pro tempore, Mr. FORBES, pursuant to House Resolution 472
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3755) making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 1997, and for other purposes.
Mr. WALKER, Chairman of the Committee of the Whole, resumed the chair.
para.86.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
After title III of the bill, insert the following new
title:
``Title III-A--Education and Training Program Increases
additional amounts for education and training programs
The amount provided in title I for ``Employment and
Training Administration-Training and employment services'' is
increased, the portion of such amount for ``Employment and
Training Administration-Training and employment services''
that is specified under such heading to be available for the
period July 1, 1997 through June 30, 1998 is increased, the
amount provided in title II for ``Administration for Children
and Families--Children and families services programs'' is
increased, the amount provided in title III for ``Education
reform'' (including for activities authorized by titles III
and IV of the Goals 2000: Educate America Act) is increased,
the amount provided in title III for ``Education for the
disadvantaged'' is increased, the portion of such amount for
``Education for the disadvantaged'' that is specified under
such heading to be available for the period July 1, 1997
through September 30, 1998 is reduced, the portion of such
amount for ``Education for the disadvantaged'' that is
specified under such heading to be available for the period
October 1, 1997 through September 30, 1998 is increased, the
amount provided in Title III for ``School improvement
programs'' (including for school improvement activities
authorized by titles II-B and IV-A-2 of the Elementary and
Secondary Education Act of 1965) is increased, the portion of
such amount for ``School improvement programs'' that is
specified under such heading to be available for the period
July 1, 1997 through September 30, 1998 is increased, the
amount provided in title III for ``Student financial
assistance'' is increased, by $125,000,000, $125,000,000,
$70,000,000, $250,000,000, $450,000,000, $1,000,000,000,
$1,450,000,000, $258,000,000, $233,000,000, and $93,000,000,
respectively.
It was decided in the
Yeas
198
<3-line {>
negative
Nays
227
para.86.16 [Roll No. 303]
AYES--198
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--227
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--8
Dunn
Gibbons
Hayes
Lincoln
Longley
McDade
Schumer
Young (FL)
So the amendment was not agreed to.
para.86.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. LOWEY:
At the end of title III of the bill, insert the following
new title:
``TITLE III V-B--WOMEN'S EDUCATIONAL EQUITY INCREASE
``The amount provided in title III for `school improvement
programs' (including for activities authorized by title V-B
of the Elementary and Secondary Education Act of 1965) is
increased, and the amount provided in title III for
`education research, statistics, and improvement' is reduced;
by $2,000,000, and $2,000,000, respectively.''
[[Page 1485]]
It was decided in the
Yeas
294
<3-line {>
affirmative
Nays
129
para.86.18 [Roll No. 304]
AYES--294
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Castle
Chabot
Chapman
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crapo
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dreier
Duncan
Durbin
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Ganske
Gejdenson
Gephardt
Geren
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hayworth
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lightfoot
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Mica
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Portman
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Richardson
Riggs
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Schaefer
Schiff
Schroeder
Scott
Seastrand
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stupak
Tanner
Tate
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NOES--129
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bateman
Bilbray
Bliley
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins (GA)
Combest
Cooley
Crane
Cremeans
Cubin
Cunningham
DeLay
Dickey
Doolittle
Dornan
Everett
Fields (TX)
Funderburk
Gallegly
Gekas
Gilchrest
Graham
Greene (UT)
Gutknecht
Hancock
Hansen
Hastings (WA)
Hefley
Herger
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Kim
King
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Linder
Livingston
Lucas
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Miller (FL)
Moorhead
Myers
Nethercutt
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Pryce
Quillen
Radanovich
Regula
Rogers
Rohrabacher
Roth
Sanford
Saxton
Scarborough
Sensenbrenner
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Souder
Spence
Stockman
Stump
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Vucanovich
Walker
Watts (OK)
White
Wicker
Williams
Wolf
Zeliff
NOT VOTING--10
Boehner
Dunn
Edwards
Gibbons
Hayes
Lincoln
Longley
McDade
Schumer
Young (FL)
So the amendment was agreed to.
After some further time,
para.86.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HEFLEY:
Page 71, line 6, after the dollar amount, insert the
following ``(reduced by $1,000,000)''.
It was decided in the
Yeas
205
<3-line {>
negative
Nays
219
para.86.20 [Roll No. 305]
AYES--205
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehrlich
English
Everett
Ewing
Flanagan
Foley
Fowler
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Kolbe
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Traficant
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (AK)
Zeliff
Zimmer
NOES--219
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Campbell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Forbes
Ford
Fox
Frank (MA)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Gunderson
Gutierrez
Harman
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Owens
Pallone
[[Page 1486]]
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tauzin
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
NOT VOTING--9
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Yates
Young (FL)
So the amendment was not agreed to.
para.86.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SANDERS:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . (a) Limitation on Use of Funds for Agreements for
Department of Drugs.--None of the funds made available in
this Act may be used by the Secretary of Health and Human
Services to enter into--
(1) an agreement on the conveyance or licensing of a patent
for a drug, or another exclusive right to a drug;
(2) an agreement on the use of information derived from
animal tests or human clinical trials conducted by the
Department of Health and Human Services on a drug, including
an agreement under which such information is provided by the
Department of Health and Human Services to another on an
exclusive basis; or
(3) a cooperative research and development agreement under
section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a) pertaining to a drug.
(b) Exceptions.--Subsection (a) shall not apply when it is
made known to the Federal official having authority to
obligate or expend the funds involved that--
(1) the sale of the drug involved is subject to a
reasonable price agreement; or
(2) a reasonable price agreement regarding the sale of such
drug is not required by the public interest.
It was decided in the
Yeas
180
<3-line {>
negative
Nays
242
para.86.22 [Roll No. 306]
AYES--180
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bereuter
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chabot
Chrysler
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
de la Garza
Deal
DeFazio
Dellums
Dicks
Dingell
Dixon
Doggett
Doyle
Duncan
Durbin
Edwards
Engel
Ensign
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford
Frost
Furse
Gephardt
Gordon
Green (TX)
Gutierrez
Gutknecht
Hamilton
Hastings (FL)
Hefner
Hilleary
Hilliard
Hinchey
Hoke
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Martinez
Mascara
Matsui
McCrery
McDermott
McHale
McKinney
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Mollohan
Nadler
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Peterson (MN)
Poshard
Rahall
Ramstad
Rangel
Reed
Rivers
Roemer
Rohrabacher
Rose
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Smith (WA)
Spratt
Stark
Stokes
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
NOES--242
Allard
Archer
Armey
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chambliss
Chapman
Chenoweth
Christensen
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Ehlers
Ehrlich
English
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (MA)
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Markey
Martini
McCarthy
McCollum
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Meyers
Mica
Miller (FL)
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Roth
Roukema
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Studds
Stump
Talent
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--11
Collins (IL)
Dunn
Gibbons
Gilman
Hall (OH)
Hayes
Lincoln
McDade
Petri
Yates
Young (FL)
So the amendment was not agreed to.
para.86.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. LOWEY:
Page 85, line 14, strike ``(a)''.
Page 85, line 15, strike the dash and all that follows
through ``(1)'' on line 16.
Page 85, line 17, strike ``; or'' and all that follows
through page 86, line 4, and insert a period.
It was decided in the
Yeas
167
<3-line {>
negative
Nays
256
para.86.24 [Roll No. 307]
AYES--167
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bilbray
Blumenauer
Boehlert
Bonilla
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
Cramer
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gilman
Gordon
Green (TX)
Greenwood
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Lantos
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Porter
Rangel
Reed
Richardson
Riggs
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Slaughter
[[Page 1487]]
Spratt
Stark
Stokes
Studds
Tanner
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Zimmer
NOES--256
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonior
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Mica
Minge
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Pombo
Pomeroy
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Wynn
Young (AK)
Zeliff
NOT VOTING--10
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Petri
Yates
Young (FL)
So the amendment was not agreed to.
para.86.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. HOYER
for the amendment submitted by Mr. BUNNING:
Substitute amendment submitted by Mr. HOYER:
Page 87, after line 14, insert the following new section:
Sec. 515. (a) Limitation on Transfers From Medicare Trust
Funds.--None of the funds made available in this Act under
the heading ``Title II--Department of Health and Human
Services--Health Care Financing Administration--Program
Management'' for transfer from the Federal Hospital Insurance
Trust Fund or the Federal Supplementary Medical Insurance
Trust Fund may be used for expenditures for official time for
employees of the Department of Health and Human Services
pursuant to section 7131 of title 5, United States Code, or
for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to
in section 7135(b) of such title.
(b) Limitation on Transfers From OASDI Trust Funds.--None
of the funds made available in this Act under the heading
``Title IV--Related Agencies--Social Security
Administration--Limitation on Administrative Expenses'' for
transfer from the Federal Old-Age and Survivors Insurance
Trust Fund or the Federal Disability Insurance Trust Fund may
be used for expenditures for official time for employees of
the Social Security Administration pursuant to section 7131
of title 5, United States Code, or for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title.
(c) Protection of Employee Representative.--Nothing in this
section shall be construed to--
(1) deny the right of Federal employees to organize or be
fully represented by their unions, or
(2) prohibit the Commissioner of Social Security or the
Secretary of Health and Human Services from requesting
employees of the Social Security Administration or the
Department of Health and Human Services to represent other
employees on task forces to improve customer service, promote
health and safety of agency employees and customers, or
streamline or otherwise provide for the smooth functioning of
such Administration or Department.
Amendment submitted by Mr. BUNNING:
Page 87, after line 14, insert the following new section:
Sec. 515. (a) Limitation on Transfers From Medicare Trust
Funds.--None of the funds made available in this Act under
the heading ``Title II--Department of Health and Human
Services--Health Care Financing Administration--Program
Management'' for transfer from the Federal Hospital Insurance
Trust Fund or the Federal Supplementary Medical Insurance
Trust Fund may be used for expenditures for official time for
employees of the Department of Health and Human Services
pursuant to section 7131 of title 5, United States Code, or
for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to
in section 7135(b) of such title.
(b) Limitation on Transfers From OASDI Trust Funds.--None
of the funds made available in this Act under the heading
``Title IV--Related Agencies--Social Security
Administration--Limitation on Administrative Expenses'' for
transfer from the Federal Old-Age and Survivors Insurance
Trust Fund or the Federal Disability Insurance Trust Fund may
be used for expenditures for official time for employees of
the Social Security Administration pursuant to section 7131
of title 5, United States Code, or for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title.
It was decided in the
Yeas
201
<3-line {>
negative
Nays
220
para.86.26 [Roll No. 308]
AYES--201
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Lazio
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
NOES--220
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bereuter
Bilbray
Bilirakis
[[Page 1488]]
Bliley
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--13
Bateman
Blute
Collins (IL)
Dunn
Gibbons
Greenwood
Hall (OH)
Hayes
Lincoln
McDade
Torkildsen
Yates
Young (FL)
So the substitute amendment was not agreed to.
para.86.27 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment submitted by Mr. BUNNING.
It was decided in the
Yeas
421
<3-line {>
affirmative
Nays
3
para.86.28 [Roll No. 309]
AYES--421
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NOES--3
Beilenson
Houghton
Johnston
NOT VOTING--9
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Yates
Young (FL)
So the amendment was agreed to.
para.86.29 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following substitute amendment submitted by Mr. OBEY
for the amendment submitted by Mr. ISTOOK:
Substitute amendment submitted by Mr. OBEY:
In lieu of the matter proposed to be inserted, insert the
following:
Sec. . None of the funds appropriated in this Act may
be made available to any entity under title X of the Public
Health Service Act unless it is made know to the Federal
official having authority to obligate or expend such funds
that the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
the minor to seek family planning services.''
Amendment submitted by Mr. ISTOOK:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds appropriated in this Act may be
made available to any entity under title X of the Public
Health Service Act, when it is made known to the Federal
official having authority to obligate or expend such funds
that--
(1) any portion of such funds is knowingly being used by
such entity to provide services after March 31, 1997, to a
minor, other than a minor who--
(A) is emancipated under applicable State law;
(B) has the written consent of a custodial parent or legal
guardian to receive such services; or
(C) has an order of a court of competent jurisdiction to
receive such services, based on--
(i) the court's assumption of custody over the minor; or
[[Page 1489]]
(ii) actions of a custodial parent or legal guardian that
present a continuing threat to the health and safety of the
minor and precludes the obtaining of consent under
subparagraph (B); and
(2) The State in which such services are provided has not,
after the date of the enactment of this section, enacted a
statute that excludes the minor seeking a title X service
from the parental consent requirements as to that particular
service.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
193
para.86.30 [Roll No. 310]
AYES--232
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Coyne
Cramer
Cubin
Cummings
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Ehrlich
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Ford
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gilman
Gingrich
Gonzalez
Gordon
Goss
Green (TX)
Greenwood
Gunderson
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Klink
Klug
Kolbe
Lantos
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Ney
Oberstar
Obey
Olver
Orton
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Pryce
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Tanner
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Zeliff
Zimmer
NOES--193
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bevill
Bilirakis
Bliley
Boehner
Bonilla
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Forbes
Fox
Franks (CT)
Frisa
Funderburk
Gallegly
Gillmor
Goodlatte
Goodling
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kildee
Kim
King
Kingston
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manzullo
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Mica
Mollohan
Montgomery
Moorhead
Myers
Myrick
Neumann
Norwood
Nussle
Ortiz
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
NOT VOTING--9
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Yates
Young (FL)
So the substitute amendment was agreed to.
FRIDAY, JULY 12 (LEGISLATIVE DAY OF JULY 11), 1996
para.86.31 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the foregoing amendment, as amended, submitted by Mr.
ISTOOK.
Yeas
421
It was decided in the
Nays
0
<3-line {>
affirmative
Answered present
2
para.86.32 [Roll No. 311]
AYES--421
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
[[Page 1490]]
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
ANSWERED ``PRESENT''--2
Forbes
Souder
NOT VOTING--10
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Smith (NJ)
Yates
Young (FL)
So the amendment, as amended, was agreed to.
para.86.33 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
Page 87, after line 14, insert the following new section:
Sec. 515. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 1.9 percent.
It was decided in the
Yeas
111
<3-line {>
negative
Nays
313
para.86.34 [Roll No. 312]
AYES--111
Allard
Archer
Bachus
Baker (CA)
Barr
Barton
Bilbray
Brownback
Bunning
Burton
Campbell
Chabot
Chenoweth
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Doolittle
Dornan
Dreier
Duncan
Ewing
Fields (TX)
Funderburk
Geren
Goodlatte
Graham
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayworth
Hefley
Herger
Hoekstra
Hoke
Hostettler
Hunter
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kim
Kingston
Klug
LaHood
Largent
Laughlin
Lewis (KY)
Linder
Lucas
Manzullo
McInnis
McIntosh
Metcalf
Meyers
Mica
Minge
Montgomery
Moorhead
Myers
Myrick
Neumann
Norwood
Nussle
Parker
Peterson (MN)
Petri
Pombo
Portman
Pryce
Quillen
Ramstad
Roberts
Roemer
Rohrabacher
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Smith (MI)
Solomon
Souder
Spence
Stockman
Stump
Talent
Taylor (MS)
Taylor (NC)
Thornberry
Tiahrt
Weldon (FL)
NOES--313
Abercrombie
Ackerman
Andrews
Armey
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chambliss
Chapman
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Harman
Hastings (FL)
Hastings (WA)
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Holden
Horn
Houghton
Hoyer
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Poshard
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stupak
Tanner
Tate
Tauzin
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NOT VOTING--9
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Yates
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. WALKER, Chairman, pursuant to House Resolution 472, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 2, line 14, after the dollar amount, insert the
following: ``(reduced by $5,000,000)''.
On page 2, line 15, after the dollar amount, insert the
following: ``(reduced by $5,000,000)''.
On page 3, line 4, after the dollar amount, insert the
following: ``(reduced by $5,000,000)''.
On page 10, line 1, after the dollar amount, insert the
following: ``(increased by $5,000,000 for sweatshop
enforcement in the garment industry)''.
Page 6, line 5, insert ``(reduced by $3,800,000)'' after
the first dollar amount.
Page 18, line 15, insert ``(increased by $3,800,000)''
after the dollar amount.
Page 6, line 5, after the first dollar amount, insert
``(decreased by $2,399,000)''.
Page 38, line 8, after the dollar amount, insert
``(increased by $2,399,000)''.
In the item relating to ``DEPARTMENT OF LABOR--Pension and
Welfare Benefits Administration--salaries and expenses'',
after the dollar amount, insert the following: ``(increased
by $300,000, which amount shall be for genetic
nondiscrimination enforcement activities).''
In the item relating to ``DEPARTMENT OF LABOR--Bureau of
Labor Statistics--salaries and expenses'', after the first
dollar amount, insert the following: ``(reduced by
$300,000)''.
On page 22, line 22, strike ``$3,080,190,000'' and insert
``$3,082,190,000'' and on page 57 after line 13, insert:
Sec. 215. Amounts available in this title for Congressional
and legislative affairs, public affairs, and
intergovernmental affairs activities are hereby reduced by
$2,000,000.
Page 19, strike lines 8 through 15.
Page 57, line 24, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 57, line 25, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 58, line 9, after the dollar amount, insert
``(increased by $20,000,000)''.
Page 66, line 9, after the dollar amount, insert
``(decreased by $20,000,000)''.
Page 57, line 24, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 57, line 25, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 58, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
[[Page 1491]]
Page 66, line 9, after the dollar amount, insert
``(decreased by $1,000,000)''.
Page 69, after line 23, insert the following:
Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(3)(A)(i)) is amended--
(1) in the matter preceding subclause (I), by striking
``The Secretary'' and all that follows through ``greater of--
'' and inserting the following: ``The Secretary, in
conjunction with the local educational agency, shall first
determine each of the following:'';
(2) in each of subclauses (I) through (III), by striking
``the average'' each place it appears the first time in each
such subclause and inserting ``The average'';
(3) in subclause (I), by striking the semicolon and
inserting a period;
(4) in subclause (II), by striking ``; or'' and inserting a
period; and
(5) by adding at the end the following: ``The local
educational agency shall select one of the amounts determined
under subclause (I), (II), or (III) for purposes of the
remaining computations under this subparagraph.''.
(b) The amendments made by subsection (a) shall apply with
respect to fiscal years beginning with fiscal year 1995.
Page 66, line 9, after the dollar amount, insert the
following: ``(reduced by $1,923,000)''.
Page 70, line 24, after the dollar amount, insert the
following: ``(increased by $1,923,000)''.
At the end of title III of the bill, insert the following
new title:
``TITLE III V-B--WOMEN'S EDUCATIONAL EQUITY INCREASE
``The amount provided in title III for `school improvement
programs' (including for activities authorized by title V-B
of the Elementary and Secondary Education Act of 1965) is
increased, and the amount provided in title III for
`education research, statistics, and improvement' is reduced;
by $2,000,000, and $2,000,000, respectively.''
Page 83, after line 8, insert the following:
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Page 87, after line 14, insert the following new section:
Sec. 515. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds
made available in this Act may be used for any activity when
it is made known to the Federal official having authority to
obligate or expend such funds that the activity promotes the
legalization of any drug or other substance included in
schedule I of the schedules of controlled substances
established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) Exception.--The limitation in subsection (a) shall not
apply when it is made known to the Federal official having
authority to obligate or expend such funds that there is
significant medical evidence of a therapeutic advantage to
the use of such drug or other substance or that Federally-
sponsored clinical trials are being conducted to determine
therapeutic advantage.
Page 87, after line 14, insert the following new sections:
Sec. 515. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this Act may be
provided by contract or by grant (including a grant of funds
to be available for student aid) to an institution of higher
education when it is made known to the Federal official
having authority to obligate or expend such funds that the
institution (or any subelement thereof) has a policy or
practice. (regardless of when implemented) that prohibits, or
in effect prevents--
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the institution or subelement);
or
(2) a student at the institution (or subelement) from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 516. (a) Denial of Funds for Preventing Federal
Military Recruiting on Campus.--None of the funds made
available in this Act may be provided by contract or grant
(including a grant of funds to be available for student aid)
to any institution of higher education when it is made known
to the Federal official having authority to obligate or
expend such funds that the institution (or any subelement
thereof) has a policy or practice (regardless of when
implemented) that prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to
students (who are 17 years of age or older) for purposes of
Federal military recruiting: student names, addresses,
telephone listings, dates and places of birth, levels of
education, degrees received, prior military experience; and
the most recent previous educational institutions enrolled in
by the students
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 517. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
At the end of the amendment, add the following:
Sec. . The Mine Safety and Health Administration shall
not close or relocate any safety and health technology center
until after submitting to the Committee on Appropriations of
the House of Representatives a detailed analysis of the cost
savings anticipated from such action and the effects of such
action on the provision of services, including timely on-site
assistance during mine emergencies.
Page 87, after line 14, insert the following new section:
Sec. 515. (a) Limitation on Transfers From Medicare Trust
Funds.--None of the funds made available in this Act under
the heading ``Title II--Department of Health and Human
Services--Health Care Financing Administration--Program
Management'' for transfer from the Federal Hospital Insurance
Trust Fund or the Federal Supplementary Medical Insurance
Trust Fund may be used for expenditures for official time for
employees of the Department of Health and Human Services
pursuant to section 7131 of title 5, United States Code, or
for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to
in section 7135(b) of such title.
(b) Limitation on Transfers From OASDI Trust Funds.--None
of the funds made available in this Act under the heading
``Title IV--Related Agencies--Social Security
Administration--Limitation on Administrative Expenses'' for
transfer from the Federal Old-Age and Survivors Insurance
Trust Fund or the Federal Disability Insurance Trust Fund may
be used for expenditures for official time for employees of
the Social Security Administration pursuant to section 7131
of title 5, United States Code, or for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title.
In lieu of the matter proposed to be inserted, insert the
following:
Sec. . None of the funds appropriated in this Act may
be made available to any entity under title X of the Public
Health Service Act unless it is made know to the Federal
official having authority to obligate or expend such funds
that the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
the minor to seek family planning services.''
Page 87, after line 14, insert the following new section:
Sec. 515. None of the funds made available in this Act to
the Department of Labor may be used to enforce section
1926.28(a) of title 29, Code of Federal Regulations, with
respect to any operation, when it is made known to the
Federal official having authority to obligate or expand such
funds that such enforcement pertains to a requirement that
workers wear long pants and such requirement would cause the
workers to experience extreme discomfort due to excessively
high air temperatures.
At the end of the bill, after the last section (preceding
the short title), insert the following new section:
Sec. . None of the funds made available in this Act may
be used to order, direct, enforce, or compel any employer to
pay backpay to any employee for any period when it is made
known to the Federal official to whom the funds are made
available that during such period the employee was not
lawfully entitled to be present and employed in the United
States.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. OBEY moved to recommit the bill to the Committee on
Appropriations.
By unanimous consent, the previous question was ordered on the motion
to recommit.
[[Page 1492]]
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the nays had it.
So the motion to recommit was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
216
<3-line {>
affirmative
Nays
209
para.86.35 [Roll No. 313]
YEAS--216
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehlers
Ehrlich
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hilleary
Hobson
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Saxton
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NAYS--209
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Cooley
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hamilton
Hancock
Harman
Hastings (FL)
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hoekstra
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Largent
LaTourette
Levin
Lewis (GA)
Lipinski
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Scarborough
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Souder
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Zimmer
NOT VOTING--9
Collins (IL)
Dunn
Gibbons
Hall (OH)
Hayes
Lincoln
McDade
Yates
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.86.36 clerk to correct engrossment
On motion of Mr. PORTER, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized to make technical and conforming changes to reflect the
actions of the House.
para.86.37 order of business--suspension of the rules
On motion of Mr. CANADY, by unanimous consent,
Ordered, That on Friday, July 12, 1996, the Speaker be authorized to
entertain a motion, offered by Mr. Goodling, or his designee, to suspend
the rules and pass the bill (H.R. 2428) to encourage the donation of
food and grocery products to nonprofit organizations for distribution to
needy individuals by giving the Model Good Samaritan Food Donation Act
the full force and effect of law, as amended.
para.86.38 institution of marriage
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to House Resolution 474
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3396) to define and protect the institution of marriage.
The SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent, designated
Mr. GILLMOR as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. HAYWORTH, assumed the Chair.
When Mr. GILLMOR, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.86.39 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 419. An Act for the relief of Benchmark Rail Group,
Inc.
H.R. 701. An Act to authorize the Secretary of Agriculture
to convey lands to the city of Rolls, Missouri.
para.86.40 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. DUNN, for today and balance of the week; and
To Mr. YATES, for today after 7:30 p.m.
And then,
para.86.41 adjournment
On motion of Mr. CANADY, at 1 o'clock and 55 minutes a.m., Friday,
July 12 (legislative day of July 11), 1996, the House adjourned.
para.86.42 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and references to the proper calendar, as
follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1975. A
bill to improve the management of royalties from Federal and
Outer Continental Shelf oil and gas leases, and for other
purposes; with an amendment (Rept. No. 104-667). Referred to
the Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3198. A
bill to reauthorize and amend the National Geologic Mapping
Act of 1992, and for other purposes (Rept. No. 104-668).
Referred to the Committee of the Whole House on the State of
the Union.
[[Page 1493]]
Mr. ROBERTS: Committee on Agriculture. H.R. 1627. A bill to
amend the Federal Insecticide, Fungicide, and Rodenticide Act
and the Federal Food, Drug, and Cosmetic Act, and for other
purposes; with amendments (Rept. No. 104-669 Pt. 1). Ordered
to be printed.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 2391. A bill to amend the Fair Labor
Standards Act of 1938 to provide compensatory time for all
employees; with an amendment (Rept. No. 104-670). Referred to
the Committee of the Whole House on the State of the Union.
Mr. DIAZ-BALART: Committee on Rules. House Resolution 475.
Resolution providing for consideration of the bill (H.R.
3756) making appropriations for the Treasury Department, the
U.S. Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
671). Referred to the House Calendar.
para.86.43 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. MARKEY:
H.R. 3782. A bill to modernize the Public Utility Company
Act, the Federal Power Act, and the Public Utility Regulatory
Policies Act of 1978 to promote competition in the electric
power industry; to the Committee on Commerce.
By Mr. SMITH of Michigan (for himself, Mr. Roberts, Mr.
Stenholm, Mr. Johnson of South Dakota, Mr. Boehner,
Mr. Ewing, Mr. Pombo, Mr. Everett, Mr. Lewis of
Kentucky, Mr. Cooley, Mr. Chambliss, and Mr.
Nethercutt):
H.R. 3783. A bill to amend the Internal Revenue Code of
1986 to allow farmers to income average over 2 years; to the
Committee on Ways and Means.
By Mr. BILBRAY (for himself, Mr. Gunderson, Mr. Horn,
Mr. Boehlert, Mrs. Kelly, Mr. Kolbe, and Mr.
Greenwood):
H.R. 3784. A bill to prohibit employment discrimination on
any basis other than factors pertaining to job performance;
to the Committee on Economic and Educational Opportunities,
and in addition to the Committees on the Judiciary,
Government Reform and Oversight, and House Oversight, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. COLLINS of Illinois (for herself and Mrs. Meek
of Florida):
H.R. 3785. A bill to amend the law popularly known as the
Presidential Records Act of 1978 and the law popularly known
as Privacy Act, to ensure that Federal Bureau of
Investigation records containing sensitive background
security information that are provided to the White House are
properly protected for privacy and security; to the Committee
on Government Reform and Oversight.
By Mr. CRANE:
H.R. 3786. A bill to make clear that the definition of a
base period, under the unemployment compensation law of a
State, is not an administrative provision subject 303(a)(1)
of the Social Security Act; to the Committee on Ways and
Means.
By Mr. GIBBONS (for himself, Mr. Rangel, Mr. Stark, Mr.
Miller of California, Mr. LaFalce, Mr. Lantos, Mr.
Hilliard, and Ms. Norton):
H.R. 3787. A bill to amend the Social Security Act to
provide for a program of health insurance for children under
13 years of age and for mothers-to-be; to the Committee on
Ways and Means, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. KOLBE:
H.R. 3788. A bill to authorize the Secretary of the
Interior to assess up to $2 per person visiting the Grand
Canyon or other national park to secure bonds for capital
improvements to the park, and for other purposes; to the
Committee on Resources.
By Mr. PALLONE:
H.R. 3789. A bill to amend the Federal Water Pollution
Control Act to improve the quality of coastal recreation
waters, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. SCHAEFER:
H.R. 3790. A bill to give all American electricity
consumers the right to choose among competitive providers of
electricity, in order to secure lower electricity rates,
higher quality services, and a more robust U.S. economy, and
for other purposes; to the Committee on Commerce.
By Ms. SLAUGHTER:
H.R. 3791. A bill to amend the Public Health Service Act
with respect to employment opportunities in the Department of
Health and Human Services for women who are scientists, and
for other purposes; to the Committee on Commerce.
By Mr. BASS (for himself, Mr. Bartlett of Maryland, Mr.
Camp, Mr. Chrysler, Mr. Coble, Mr. Coburn, Mr.
Duncan, Mr. English of Pennsylvania, Mr. Foley, Mr.
Franks of New Jersey, Mr. LoBiondo, Mr. Longley, Mr.
Neumann, Mr. Radanovich, Ms. Rivers, Mr. Shays, and
Mr. Tate):
H.R. 3792. A bill to restore integrity, goodwill, honesty,
and trust to Congress; to the Committee on House Oversight,
and in addition to the Committees on Government Reform and
Oversight, Rules, National Security, and the Judiciary, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CASTLE (for himself, Mr. Flake, and Mr. Lucas):
H.R. 3793. A bill to provide for a 10-year circulating
commemorative coin program to commemorate each of the 50
States, and for other purposes; to the Committee on Banking
and Financial Services.
By Mr. JOHNSON of South Dakota (for himself, Mr.
Pomeroy, Mr. Coburn, Ms. Kaptur, Mr. Frost, Mr.
McInnis, and Mr. Hilliard):
H.R. 3794. A bill to ensure the continued viability of
livestock producers and the livestock industry in the United
States, and for other purposes; to the Committee on
Agriculture.
By Mr. LEWIS of Kentucky (for himself, Mr. Crapo, Mr.
Roberts, Mr. Allard, Mr. Barrett of Nebraska, Mr.
Ewing, Mr. Combest, Mr. Latham, Mr. LaHood, Mr. Smith
of Michigan, Mr. Baesler, Mr. Peterson of Minnesota,
Mr. Chambliss, Mr. Holden, Mrs. Chenoweth, and Mr.
Pastor):
H.R. 3795. A bill to amend the Competitive, Special, and
Facilities Research Grant Act to provide increased emphasis
on competitive grants to promote agricultural research
projects regarding precision agriculture and to provide for
the dissemination of the results of such research projects;
to the Committee on Agriculture.
By Mrs. MALONEY (for herself, Ms. Brown of Florida, Mr.
Dellums, Mr. Foglietta, Mr. Frost, Mr. Jacobs, Ms.
Eddie Bernice Johnson of Texas, Mr. Sanders, Mr.
Thompson, Mr. Towns, Mr. Traficant, and Mr. Yates):
H.R. 3796. A bill to amend the Public Health Service Act to
provide for research to determine the extent to which the
presence of dioxin in tampons poses any health risks to
women; to the Committee on Commerce.
By Mr. SALMON (for himself, Mr. Condit, Mr. Fields of
Texas, Mr. Coble, Mr. Linder, Mr. Weldon of
Pennsylvania, Mr. Calvert, Mr. English of
Pennsylvania, Mr. Gutknecht, Mrs. Seastrand, Mr.
Chrysler, Mr. Bass, Mr. Foley, Mr. Stump, Mr. Inglis
of South Carolina, Mr. Weller, Mr. Goss, Mr. Shadegg,
Mr. Largent, Mr. Horn, Mr. Ensign, and Mr. Hayworth):
H.R. 3797. A bill to amend title 5, United States Code, to
ban gifts to executive branch employees; to the Committee on
Government Reform and Oversight.
By Mr. SOLOMON (for himself, Mr. Zeliff, Mrs. Kelly,
Mr. Montgomery, Mr. Coble, Mr. English of
Pennsylvania, Mr. Bentsen, Mr. Weldon of
Pennsylvania, Mr. Pomeroy, Mrs. Vucanovich, Mr.
Manzullo, Mr. Funderburk, Mr. Dickey, Mr. Boehlert,
Mr. Chambliss, Mr. Bunn of Oregon, Mr. Hutchinson,
Mr. Richardson, Mr. Johnson of South Dakota, Mr.
Clinger, Mr. Hefley, Mr. Everett, Mr. Barr, Mrs.
Myrick, Mr. Wamp, Mr. Young of Alaska, Mr. Schaefer,
Mr. Lewis of Kentucky, Mr. Barrett of Nebraska, Mr.
Wicker, Mr. Mascara, Mr. Bachus, Mr. Skelton, Mr.
Roberts, Mr. Condit, Mr. Thomas, Ms. Danner, Mr.
Bishop, Mr. Brewster, Mr. Goodling, Mr. Riggs, Mr.
Calvert, Mr. Shays, Mr. Blute, Mrs. Clayton, Ms.
Pryce, Mr. Barton of Texas, Mr. Bereuter, Ms. Kaptur,
Mr. Herger, Mr. Doyle, Mr. Frank of Massachusetts,
Mr. Neal of Massachusetts, Mr. Fox, Mr. Greenwood,
Mr. Cunningham, Mr. Fattah, Mr. Bartlett of Maryland,
Mr. Stenholm, Mr. Gilman, Mr. McHugh, Mr.
Scarborough, Mr. Jones, Mr. Engel, Mr. Pete Geren of
Texas, Mr. Meehan, Mr. Holden, Mr. DeFazio, Mr.
Combest, Mrs. Thurman, Mr. Pickett, Mr. Linder, Mr.
Hayes, Mr. Deal of Georgia, Mr. Christensen, Mr.
Hastings of Florida, Mr. Franks of Connecticut, Mr.
Radanovich, Mr. Gekas, Mr. McHale, Ms. Greene of
Utah, Mr. Goss, Mr. Smith of Texas, Mr. LaHood, Mr.
Mica, Mr. Lewis of Georgia, Mr. Foglietta, Mr.
Quillen, Mr. Dreier, Mr. Stearns, and Mr. Taylor of
North Carolina):
H.R. 3798. A bill to provide regulatory relief for small
business concerns, and for other purposes; to the Committee
on Small Business, and in addition to the Committee on
Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LEWIS of Georgia (for himself, Mr. Clay, Mr.
Dellums, Mr. Waxman, Mr. Neal of Massachusetts, Mr.
Tejeda, Mr. Bonior, Mr. Frost, Mr. Dixon, Ms.
Lofgren, Mr. Evans, Mr. Green of Texas, Ms. Norton,
Mr. Watts of Oklahoma, Mr. Towns, Mr. Fox, Mr.
Hastings of Florida, Mr. Bishop, Mr. Fattah, Ms.
Waters, Mrs. Meek of Florida, Mr. Hilliard, Mr.
Bryant of Texas, Mr. Wynn, Mr. Flake, Ms. Jackson-
Lee, Mr. Payne
[[Page 1494]]
of New Jersey, Mr. Scott, Mr. Rush, Mr. Thompson,
Mrs. Mink of Hawaii, Mr. Jackson, Ms. Brown of
Florida, Mr. Owens, Mr. Rangel, and Mr. Cummings):
H. J. Res. 183. Joint resolution to authorize the Ralph
David Abernathy Memorial Foundation to establish a memorial
in the District of Columbia or its environs; to the Committee
on Resources.
By Mr. GINGRICH (for himself, Mr. Gephardt, Mr. Hobson,
Mr. Cardin, and Mr. Gilchrest):
H. Con. Res. 198. Concurrent resolution authorizing the use
of the Capitol grounds for the first annual Congressional
Family Picnic; to the Committee on Transportation and
Infrastructure.
By Mr. STUPAK:
H. Res. 476. Resolution amending the Rules of the House of
Representatives to reduce the number of programs covered by
each regular appropriation bill; to the Committee on Rules.
para.86.44 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
237. By the SPEAKER: Memorial of the General Assembly of
the State of Delaware, relative to House Joint Resolution 23
honoring and remembering former U.S. Secretary of Commerce
Ronald H. Brown, devoted public servant and outstanding black
American; to the Committee on Government Reform and
Oversight.
238. Also, memorial of the Legislature of the Territory of
Guam, relative to Legislature Resolution 433 requesting
Congressman Robert Underwood to introduce a measure before
Congress relative to the Office of the Attorney General by
amending section 1421g(C), 1422, and 1422a through 1422d of
title 48, United States Code, the Organic Act of Guam; to the
Committee on Resources.
para.86.45 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 104: Mr. Lipinski.
H.R. 757: Mr. Abercrombie.
H.R. 801: Mr. Chrysler, Mr. Fazio of California, Mr. Coble,
Mr. McNulty, Mr. Waxman, and Mr. Fields of Texas.
H.R. 844: Mr. Evans.
H.R. 893: Mr. Brown of Ohio, Mr. Regula, Mr. Shays, Mrs.
Johnson of Connecticut, Mr. Davis, Mr. Green of Texas, and
Mrs. Clayton.
H.R. 1046: Mr. Jefferson, Mr. Owens, and Mr. Thompson.
H.R. 1256: Mr. Shays.
H.R. 1627: Mr. Gilman.
H.R. 1677: Mr. Filner.
H.R. 1916: Mr. Cunningham.
H.R. 1930: Mr. Martini.
H.R. 2019: Mr. Condit, Mr. Kildee, Mr. Stump, and Mr.
Filner.
H.R. 2090: Mr. McHale.
H.R. 2185: Mr. Gutierrez, Mr. Calvert, Mr. Meehan, Mr.
Leach, Mr. Stupak, and Mr. Wise.
H.R. 2209: Mr. Montgomery, Mr. Towns, Mr. Dixon, Mr. Frost,
Mr. Costello, Mr. Jones, Ms. Norton, Mr. Sensenbrenner, Mr.
Markey, Mr. Peterson of Minnesota, Mr. Lewis of Georgia, and
Mr. Flanagan.
H.R. 2270: Mr. DeLay.
H.R. 2391: Mr. Ehlers.
H.R. 2497: Mr. Stump, Ms. Greene of Utah, Mr. Bereuter, Mr.
McCollum, and Mr. Blute.
H.R. 2651: Mr. Andrews.
H.R. 2757: Mr. Watts of Oklahoma, Mr. Franks of New Jersey,
Mr. Bachus, Mr. Dellums, and Mr. Campbell.
H.R. 2876: Mr. Kildee.
H.R. 3077: Mr. Pete Geren of Texas and Mr. Levin.
H.R. 3118: Mr. Skaggs, Mr. Sanders, Mr. Barrett of
Nebraska, and Mr. Kildee.
H.R. 3119: Mr. Coyne.
H.R. 3181: Mr. Romero-Barcelo.
H.R. 3183: Mr. Watts of Oklahoma.
H.R. 3195: Mr. Istook.
H.R. 3199: Mr. Bachus, Mr. Lewis of Georgia, Mrs. Clayton,
Mr. Bono, Mr. Sam Johnson, Mr. Deutsch, Mr. Baker of
Louisiana, and Mr. Duncan.
H.R. 3202: Ms. Slaughter.
H.R. 3217: Ms. Pelosi and Mr. Fazio of California.
H.R. 3252: Mr. Johnson of South Dakota, Mr. Owens, Mr.
Stupak, Miss Collins of Michigan, and Mr. Brown of Ohio.
H.R. 3294: Mr. Foley.
H.R. 3258: Mr. Calvert.
H.R. 3331: Mr. Davis, Mr. Foglietta, Mr. Kildee, and Mr.
Stupak.
H.R. 3332: Mr. Miller of California and Mr. Stupak.
H.R. 3338: Mr. Canady, Mr. Brewster, Mr. Sensenbrenner, and
Mr. Lipinski.
H.R. 3346: Mr. Nethercutt.
H.R. 3352: Mr. Lantos, Mr. Frazer, Mr. Conyers, and Mr.
Lipinski.
H.R. 3353: Mr. Dellums, Mrs. Clayton, Mr. Frost, Mr.
Manton, Mr. Conyers, Mr. Evans, and Mr. Ackerman.
H.R. 3362: Mr. Dellums, Mr. Frazer, Mr. Green of Texas, Mr.
Towns, Ms. Eddie Bernice Johnson of Texas, and Mrs. Clayton.
H.R. 3393: Mr. Ackerman.
H.R. 3398: Mr. Yates.
H.R. 3434: Mr. Torricelli.
H.R. 3435: Mr. Zimmer and Mr. Upton.
H.R. 3477: Mr. Towns, Mr. Brown of California, Mr.
Hilliard, Mr. Ackerman, Mrs. Mink of Hawaii, Mr. Hastings of
Florida, Mr. Berman, and Mr. Miller of California.
H.R. 3498: Mr. Cummings.
H.R. 3518: Mr. Rohrabacher.
H.R. 3530: Mr. Lipinski.
H.R. 3551: Mr. Hastings of Florida, Mr. Forbes, and Mr.
Bilbray.
H.R. 3556: Mr. Waxman, Mr. Horn, Mr. Gilman, and Mr.
Boucher.
H.R. 3564: Mr. Martini, Mr. Serrano, and Mr. Engel.
H.R. 3590: Mr. Stupak, Mr. Lipinski, and Mr. Fattah.
H.R. 3606: Mr. Ward and Mr. Ackerman.
H.R. 3621: Mr. McDermott, Mr. Meehan, Mr. Ackerman, Mr.
Doyle, Mr. Borski, Mr. Nadler, Mr. Oliver, Mr. Lipinski, and
Mrs. Maloney.
H.R. 3678: Mr. Oliver and Mr. Talent.
H.R. 3700: Mr. Frost, Mr. Walsh, Mr. Clyburn, Mr. Hinchey,
Mr. Peterson of Minnesota, and Mr. Packard.
H.R. 3725: Mr. Ackerman, Mr. Martinez, and Mr. Klug.
H.R. 3731: Mr. Stupak.
H.R. 3757: Ms. Norton.
H.R. 3768: Mr. Meehan.
H.J. Res. 114: Mr. Pomeroy, Mr. Minge, and Mr. Poshard.
H. Con. Res. 179: Mr. Porter and Mr. Kim.
H. Con. Res. 190: Mr. Lipinski, Mr. Funderburk, Mr. Manton,
and Mr. Martini.
H. Con. Res. 191: Mr. Bereuter.
H. Con. Res. 195: Mr. Flake, Mr. Torres, Mr. Payne of New
Jersey, Mr. Yates, Ms. McKinney, Mr. Dellums, Mr. Underwood,
Ms. Pelosi, Mr. Frost, Mr. Pastor, Mr. Sawyer, Mr. Barrett of
Wisconsin, Mr. Lipinski, and Mr. Faleomavaega.
H. Res. 452: Mr. Herger and Mr. Lipinski.
H. Res. 454: Mr. Ward and Mr. Wise.
para.86.46 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
74. By the SPEAKER: Petition of the Association of Hawaiian
Civic Clubs, Honolulu, HI, relative to urging the U.S.
President and Congress to reauthorize and maintain Federal
funds for current native Hawaiian programs; to the Committee
on Resources.
75. Also, petition of Paul Andrew Mitchell, relative to
signed Oaths of Office for Federal Judges; to the Committee
on the Judiciary.
76. Also, petition of J. Moseley, M.L. Edwards, F.E.
Barnett, I.M. Allen, et al., citizens of various counties
throughout California, relative to H.R. 2745, a bill to
repeal the emergency salvage timber sale program enacted as
part of Public Law 104-19; jointly, to the Committees on
Agriculture and Resources.
.
FRIDAY, JULY 12, 1996 (87)
para.87.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. TAYLOR
of North Carolina, who laid before the House the following
communication:
Washington, DC,
July 12, 1996.
I hereby designate the Honorable Charles H. Taylor to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.87.2 approval of the journal
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced he
had examined and approved the Journal of the proceedings of Thursday,
July 11, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.87.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4118. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the Board's final rule--
Management Official Interlocks Docket Number R-0907--received
July 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
4119. A letter from the Assistant Secretary, Department of
Education, transmitting notice of final priority for school-
to-work urban/rural grants using fiscal year [FY] 1995 funds,
pursuant to 20 U.S.C. 1232(f); to the Committee on Economic
and Educational Opportunities.
4120. A letter from the Administrator, Energy Information
Administration, transmitting the Administration's report
entitled ``Uranium Purchases Report 1995,'' pursuant to 42
U.S.C. 2296b-5; to the Committee on Commerce.
4121. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision, El Dorado County Air Pollution
Control District, Placer County Air Pollution Control
District, and Ventura County Air Pollution Control District
(FRL-5464-6) received July 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4122. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Illinois:
Motor Vehicle Inspec
[[Page 1495]]
tion and Maintenance (FRL-5532-3) received July 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4123. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Tennessee: Approval of
Revisions to the Tennessee SIP Regarding Construction Permits
and Volatile Organic Compounds (FRL-5533-5) received July 12,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4124.A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Washington:
Revision to the State Implementation Plan Vehicle Inspection
and Maintenance Programs (FRL-5514-4) received July 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4125. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; State of Louisiana;
Correction of Classification; Approval of the Maintenance
Plan; Redesignation of Pointe Coupee Parish to Attainment for
Ozone (FRL-5531-4) received July 12, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4126. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Japan for defense articles and services
(Transmittal No. 96-55), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4127. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Spain for defense articles and services
(Transmittal No. 96-56), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4128. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-58), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4129. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
agreement between the United States and Israel for technology
research and development projects [TRDP] (Transmittal No. 14-
96) received July 12, 1996, pursuant to 22 U.S.C. 2767(f); to
the Committee on International Relations.
4130. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Greece for defense articles and services
(Transmittal No. 96-57), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4131. A letter from the Comptroller General of the United
States, transmitting a report entitled, ``Financial Audit:
Examination of IRS' Fiscal Year 1995 Financial Statements''
(GAO/AIMD-96-101) July 1996, pursuant to 31 U.S.C. 9106(a);
to the Committee on Government Reform and Oversight.
4132. A letter from the Chair, Federal Subsistence Board,
transmitting the Board's final rule--Subsistence Management
Regulations for Public Lands in Alaska, Subpart C and Subpart
D--1996-1997 Subsistence Taking of Fish and Wildlife
Regulations (RIN: 1018-AD42) received July 12, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
4133. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's annual
report on the Asset Forfeiture Program fiscal year 1994,
pursuant to 28 U.S.C. 524(c)(6)(A); to the Committee on the
Judiciary.
4134. A letter from the Assistant Secretary of Defense for
Force Management Policy, Department of Defense, transmitting
the Department's report on the Civilian Separation Pay
Program, pursuant to 5 U.S.C. 5597 note; jointly, to the
Committees on National Security and Government Reform and
Oversight.
4135. A letter from the Administrator, Federal Aviation
Administration, transmitting the Administration's report on
the research program on Quiet Aircraft Technology for
Propeller-Driven Airplanes and Rotorcraft, pursuant to Public
Law 103-305 section 308(a) (108 Stat. 1593); jointly, to the
Committees on Transportation and Infrastructure and Science.
4136. A letter from the Railroad Retirement Board,
transmitting a report on the actuarial status of the Railroad
Retirement System, including any recommendations for
financing changes, pursuant to 45 U.S.C. 321f-1; jointly, to
the Committees on Transportation and Infrastructure and Ways
and Means.
para.87.4 bill emerson good samaritan food donation
Mr. GOODLING, pursuant to the order of the House of Friday, July 12
(legislative day of Thursday, July 11), 1996, moved to suspend the rules
and pass the bill (H.R. 2428) to encourage the donation of food and
grocery products to nonprofit organizations for distribution to needy
individuals by giving the Model Good Samaritan Food Donation Act the
full force and effect of law; as amended.
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, recognized Mr.
GOODLING and Mr. CLAY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced that
two-thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.87.5 recess--9:25 a.m.
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, pursuant to
clause 12 of rule I, declared the House in recess at 9 o'clock and 25
minutes a.m., subject to the call of the Chair.
para.87.6 after recess--11:12 a.m.
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, called the
House to order.
para.87.7 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 2337. An Act to amend the Internal Revenue Code of
1986 to provide for increased taxpayer protections.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, a bill of the House
of the following title:
H.R. 3230. An Act to authorize appropriations for fiscal
year 1997 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
The message also announced that the Senate insists upon its amendments
to the bill (H.R. 3230) ``An Act to authorize appropriations for fiscal
year 1997 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes,'' requests a conference with the
House on the disagreeing votes of the two Houses thereon, and appoints
Mr. Thurmond, Mr. Warner, Mr. Cohen, Mr. McCain, Mr. Coats, Mr. Smith,
Mr. Kempthorne, Mrs. Hutchison, Mr. Inhofe, Mr. Santorum, Mrs. Frahm,
Mr. Nunn, Mr. Exon, Mr. Levin, Mr. Kennedy, Mr. Bingaman, Mr. Glenn, Mr.
Byrd, Mr. Robb, Mr. Lieberman, and Mr. Bryan, to be the conferees on the
part of the Senate.
The message also announced that the Senate disagrees to the amendment
of the House to the bill (S. 1004) ``An Act to authorize appropriations
for the United States Coast Guard, and for other purposes,'' agrees to a
conference asked by the House on the disagreeing votes of the two Houses
thereon, and appoints from the Committee on Commerce, Science, and
Transportation: Mr. Pressler, Mr. Stevens, Mr. Gorton, Mr. Lott, Mrs.
Hutchison, Ms. Snowe, Mr. Ashcroft, Mr. Abraham, Mr. Hollings, Mr.
Inouye, Mr. Ford, Mr. Kerry, Mr. Breaux, Mr. Dorgan, and Mr. Wyden; and
from the Committee on Environment and Public Works for consideration of
Oil Pollution Act issues: Mr. Chafee, Mr. Warner, Mr. Smith, Mr.
Faircloth, Mr. Inhofe, Mr. Baucus, Mr. Lautenberg, Mr. Lieberman, and
Mrs. Boxer, to be the conferees on the part of the Senate.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 640. An Act to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes;
S. 1745. An Act to authorize appropriations for fiscal year
1997 for military activities of the Department of Defense,
for military con
[[Page 1496]]
struction and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes;
S. 1762. An Act to authorize appropriations for fiscal year
1997 for military activities of the Department of Defense, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes;
S. 1763. An Act to authorize appropriations for fiscal year
1997 for defense activities of the Department of Energy, and
for other purposes; and
S. 1764. An Act to authorize appropriations for fiscal year
1997 for military construction and for other purposes.
para.87.8 institution of marriage
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, pursuant to
House Resolution 474 and rule XXIII, declared the House resolved into
the Committee of the Whole House on the state of the Union for the
further consideration of the bill (H.R. 3396) to define and protect the
institution of marriage.
Mr. GILLMOR, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
para.87.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK:
Page 3, after line 20, insert:
(b) Application.--
(1) Subsection (a) shall not apply if the State in which
the persons affected by such application of subsection (a)
has determined that the definition of ``marriage'' or
``spouse'', or both, shall be different than that in
subsection (a), provided such State determination is in the
form of--
(A) legislation; or
(B) citizen initiative or referendum.
(2) In the case where such a determination is made by
judicial decision interpreting a State constitution,
subsection (a) shall cease to apply if the minimum time
necessary in that State for an amendment to the State
constitution elapses and the State's determination remains in
effect.
(3) In the case where such a determination is made by
judicial decision interpreting a State statute, subsection
(a) shall cease to apply with the adjournment of the next
session of the State legislature.
Page 3, line 21, strike ``(b)'' and insert ``(c)''.
It was decided in the
Yeas
103
<3-line {>
negative
Nays
311
para.87.10 [Roll No. 314]
AYES--103
Abercrombie
Ackerman
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Campbell
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dingell
Dixon
Engel
Eshoo
Farr
Fattah
Fazio
Filner
Frank (MA)
Furse
Gejdenson
Gephardt
Gonzalez
Gunderson
Gutierrez
Harman
Hastings (FL)
Hilliard
Hinchey
Horn
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kennedy (MA)
Kennedy (RI)
Kennelly
Lantos
Lewis (GA)
Lofgren
Lowey
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Nadler
Neal
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Torres
Torricelli
Towns
Velazquez
Vento
Ward
Waters
Waxman
Woolsey
Yates
NOES--311
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
English
Evans
Everett
Ewing
Fawell
Fields (TX)
Flake
Foglietta
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Luther
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Wynn
Young (AK)
Zeliff
Zimmer
NOT VOTING--19
Dunn
Ensign
Fields (LA)
Flanagan
Ford
Gibbons
Hall (OH)
Johnston
LaFalce
Lincoln
Longley
McDade
Morella
Roberts
Thompson
Thornton
Watt (NC)
Wilson
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Ms. GREENE, assumed the Chair.
When Mr. GILLMOR, Chairman, pursuant to House Resolution 474, reported
the bill back to the House.
The previous question having been ordered by said resolution.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Ms. JACKSON-LEE moved to recommit the bill to the Committee on the
Judiciary with instructions to report the bill back to the House
forthwith with the following amendment:
Page 3, line 24, at the end of the bill, add the following
new sections to the legislation:
SEC. 4. SHORT TITLE.
This Act may be cited as the ``Employment Non-
Discrimination Act of 1996''.
SEC. 5. DISCRIMINATION PROHIBITED.
A covered entity, in connection with employment or
employment opportunities, shall not--
(1) subject an individual to different standards or
treatment on the basis of sexual orientation,
(2) discriminate against an individual based on the sexual
orientation of persons with whom such individual is believed
to associate or to have associated, or
(3) otherwise discriminate against an individual on the
basis of sexual orientation.
SEC. 6. BENEFITS.
This Act does not apply to the provision of employee
benefits to an individual for the benefit of his or her
partner.
SEC. 7. NO DISPARATE IMPACT.
The fact that an employment practice has a disparate
impact, as the term ``disparate impact'' is used in section
703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
2(k)), on the basis of sexual orientation does not establish
a prima facie violation of this Act.
SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.
(A) Quotas.--A covered entity shall not adopt or implement
a quota on the basis of sexual orientation.
(b) Preferential Treatment.--A covered entity shall not
give preferential treatment to an individual on the basis of
sexual orientation.
SEC. 9. RELIGIOUS EXEMPTION.
(a) In General.--Except as provided in subsection (b), this
Act shall not apply to religious organizations.
[[Page 1497]]
(b) For-Profit Activities.--This Act shall apply with
respect to employment and employment opportunities that
relate to any employment position that pertains solely to a
religious organization's for-profit activities subject to
taxation under section 511(a) of the Internal Revenue Code of
1986.
SEC. 10. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES;
VETERANS' PREFERENCES.
(a) Armed Forces.--(1) For purposes of this Act, the term
``employment or employment opportunities'' does not apply to
the relationship between the United States and members of the
Armed Forces.
(2) As used in paragraph (1), the term ``Armed Forces''
means the Army, Navy, Air Force, Marine Corps, and Coast
Guard.
(b) Veterans' Preferences.--This Act does not repeal or
modify any Federal, State, territorial, or local law creating
special rights or preferences for veterans.
SEC. 11. ENFORCEMENT.
(a) Enforcement Powers.--With respect to the administration
and enforcement of this Act in the case of a claim alleged by
an individual for a violation of this Act--
(1) the Commission shall have the same powers as the
Commission has to administer and enforce--
(A) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), or
(B) sections 302, 303, and 304 of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case
of a claim alleged by such individual for a violation of such
title or of section 302(a)(1) of such Act, respectively,
(2) the Librarian of Congress shall have the same powers as
the Librarian of Congress has to administer and enforce title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by such individual for a
violation of such title,
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (Public Law 104-1;
109 Stat. 3) shall have the same powers as the Board has to
administer and enforce the Congressional Accountability Act
of 1995 in the case of a claim alleged by such individual for
a violation of section 201(a)(1) of such Act,
(4) the Attorney General of the United States shall have
the same powers as the Attorney General has to administer and
enforce--
(A) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), or
(B) sections 302, 303, and 304 of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204),
in the case of a claim alleged by such individual for a
violation of such title or of section 302(a)(1) of such Act,
respectively, and
(5) the courts of the United States shall have the same
jurisdiction and powers as such courts have to enforce--
(A) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.) in the case of a claim alleged by such
individual for a violation of such title,
(B) sections 302, 303, and 304 of the Government Employee
Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of
a claim alleged by such individual for a violation of section
302(a)(1) of such Act, and
(C) the Congressional Accountability Act of 1995 (Public
Law 104-1; 109 Stat. 3) in the case of a claim alleged by
such individual for a violation of section 201(a)(1) of such
Act.
(b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a
violation of this Act are--
(1) the procedures and remedies applicable for a violation
of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.) in the case of a claim alleged by such individual
for a violation of such title,
(2) the procedures and remedies applicable for a violation
of section 302(a)(1) of the Government Employee Rights Act of
1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
such individual for a violation of such section, and
(3) the procedures and remedies applicable for a violation
of section 201(a)(1) of Congressional Accountability Act of
1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
alleged by such individual for a violation of such section.
(c) Other Applicable Provisions.--With respect to claims
alleged by covered employees (as defined in section 101 of
the Congressional Accountability Act of 1995 (Public Law 104-
1; 109 Stat. 3)) for violations of this Act, title III of the
Congressional Accountability Act of 1995 shall apply in the
same manner as such title applies with respect to a claims
alleged by such covered employees for violations of section
201(a)(1) of such Act.
SEC. 12. STATE AND FEDERAL IMMUNITY.
(a) State Immunity.--A State shall not be immune under the
eleventh article of amendment to the Constitution of the
United States from an action in a Federal court of competent
jurisdiction for a violation of this Act. In an action
against a State for a violation of this Act, remedies
(including remedies at law and in equity) are available for
the violation to the same extent as such remedies are
available in an action against any public or private entity
other than a State.
(b) Liability of the United States.--The United States
shall be liable for all remedies (excluding punitive damages)
under this Act to the same extent as a private person and
shall be liable to the same extent as a nonpublic party for
interest to compensate for delay in payment.
SEC. 13. ATTORNEYS' FEES.
In any action or administrative proceeding commenced
pursuant to this Act, the court or the Commission, in its
discretion, may allow the prevailing party, other than the
United States, a reasonable attorney's fee, including expert
fees and other litigation expenses, and costs. The United
States shall be liable for the foregoing the same as a
private person.
SEC. 14. RETALIATION AND COERCION PROHIBITED.
(a) Retaliation.--A covered entity shall not discriminate
against an individual because such individual opposed any act
or practice prohibited by this Act or because such individual
made a charge, assisted, testified, or participated in any
manner in an investigation, proceeding, or hearing under this
act.
(b) Coercion.--A person shall not coerce, intimidate,
threaten, or interfere with any individual in the exercise or
enjoyment of, or on account of his or her having exercised,
enjoyed, assisted, or encouraged the exercise or enjoyment
of, any right granted or protected by this Act.
SEC. 15. POSTING NOTICES.
A covered entity shall post notices for employees,
applicants for employment, and members describing the
applicable provisions of this Act in the manner prescribed
by, and subject to the penalty provided under, section 711 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e--10).
SEC. 16. REGULATIONS.
The Commission shall have authority to issue regulations to
carry out this Act.
SEC. 17. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights,
remedies, or procedures available to an individual claiming
discrimination prohibited under any other Federal law or any
law of a State or political subdivision of a State.
SEC. 18. SEVERABILITY.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held to be
invalid, the remainder of this Act and the application of
such provision to other persons or circumstances shall not be
affected thereby.
SEC. 19. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the
enactment of this Act and shall not apply to conduct
occurring before such effective date.
SEC. 20. DEFINITIONS.
As used in this Act:
(1) The term ``Commission'' means the Equal Employment
Opportunity Commission.
(2) The term ``covered entity'' means an employer,
employment agency, labor organization, joint labor management
committee, an entity to which section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
authority to which section 302(a)(1) of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or
an employing authority to which section 201(a) of the
Congressional Accountability Act of 1995 (Public Law 104-1;
109 Stat.3) applies.
(3) The term ``employer'' has the meaning given such term
in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)).
(4) The term ``employment agency'' has the meaning given
such term in section 701(c) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(c)).
(5) The term ``employment or employment opportunities''
includes job application procedures, hiring, advancement,
discharge, compensation, job training, or any other term,
condition, or privilege of employment.
(6) The term ``labor organization'' has the meaning given
such term in section 701(d) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(d)).
(7) The term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).
(8) The term ``religious organization'' means--
(A) a religious corporation, association, or society, or
(B) a college, school, university, or other educational
institution, not otherwise a religious organization, if--
(i) it is in whole or substantial part controlled, managed,
owned, or supported by a religious corporation, association,
or society, or
(ii) its curriculum is directed toward the propagation of a
particular religion.
(9) The term ``sexual orientation'' means homosexuality,
bisexuality, or heterosexuality, whether such orientation is
real or perceived.
(10) The term ``State'' has the meaning given such term in
section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(ii)).
Pending consideration of said motion,
para.87.11 point of order
Mr. CANADY made a point of order against the motion to recommit with
instructions, and said:
``The motion to recommit is not germane to the bill. The bill relates
solely to the subject of marriage. The motion to recommit seeks to add
language which relates to employment discrimination to a bill dealing
with marriage. Clearly, this is a proposition on a subject different
from that under consideration, in violation of clause 7 of rule XVI, and
I ask the chair to rule the motion to recommit out of order.''.
Ms. JACKSON-LEE was recognized to speak to the point of order and
said:
[[Page 1498]]
``Madam Speaker, with great pain in my heart, I would maintain that we
are germane, and it is with deepest regrets and great pain that I hear
that human dignity is not germane. But at this point, Madam Speaker,
with this pain and this disappointment, I will not contest the point of
order.''.
The SPEAKER pro tempore, Ms. GREENE, said:
``The gentlewoman of Texas [Ms. Jackson-Lee] concedes the point of
order, and the point of order of the gentleman from Florida [Mr. Canady]
is sustained.''.
Mr. BERMAN moved to recommit the bill to the Committee on
Appropriations with instructions to report the bill back to the House
forthwith with the following amendment:
Page 3, line 24, at the end of the bill, add the following
new section to the legislation:
``SEC. 4. STUDY OF THE DIFFERENCES IN BENEFITS, RIGHTS AND
PRIVILEGES AVAILABLE TO PERSONS IN A MARRIAGE
AND TO PERSONS IN A DOMESTIC PARTNERSHIP.
``(a) General Accounting Office Study.--The General
Accounting Office shall undertake a study of the differences
in the benefits, rights and privileges available to persons
in a marriage and the benefits, rights and privileges
available to persons in a domestic partnership resulting from
the non-recognition of domestic partnerships as legal unions
by State and Federal laws.
``(b) Requirements of Study.--The General Accounting Office
shall--
``(1) conduct a comprehensive review of Federal statutes
and administrative regulations, rulings, and determinations
to compile an inventory of Federal benefits, rights and
privileges available to persons in a marriage and to
determine whether such Federal benefits, rights, and
privileges are also available to persons in a domestic
partnership;
``(2) analyze the impact of Federal statutes and
administrative regulations, rulings, and determinations on
the private sector to determine whether those statutes,
rules, regulations, and determinations influence the private
sector to make benefits, rights, and privileges available to
persons in a marriage which are not available to persons in a
domestic partnership;
``(3) survey State property, testamentary, probate,
insurance, credit, and contract laws to determine whether a
difference exists in their usefulness to address the legal
needs of persons in a marriage and their usefulness to
address the legal needs of persons in a domestic partnership;
``(4) survey the laws of other major industrialized
countries to determine whether there is a difference in those
countries between the government benefits, rights and
privileges available to persons in a marriage and the
governmental benefits, rights and privileges available to
persons in a domestic partnership; and
``(5) conduct such further investigation and analysis as it
deems necessary to study the differences in the benefits,
rights and privileges available to persons in a marriage and
the benefits, rights and privileges available to persons in
domestic partnerships resulting from the non-recognition of
domestic partnerships as legal unions by State and Federal
laws.
``(c) Report.--Not later than October 1, 1997, the General
Accounting Office shall submit to the President and to the
Congress a report of its findings pursuant to the study
conducted under this section.
``(d) Assistance in Completing the Study and Report.--
``(1) Assistance from other agencies.--The General
Accounting Office may secure directly from any Federal
department or agency such information as may be necessary to
complete the study and report required by this section.
``(2) Detailed personnel.--On the request of the
Comptroller General, the head of any Federal department or
agency is authorized to detail, without reimbursement, any
personnel of that department or agency to the General
Accounting Office to assist it in carrying out its duties
under this section. The detail of any individual may not
result in the interruption or loss of civil services status
or other privilege of the individual.
``(3) Assistance from attorney general.--The Attorney
General of the United States shall provide the General
Accounting Office with such administrative and support
services as the Comptroller General may request to complete
the study and report required by this section.
``(e) Definition.--For the purposes of this section, the
term `domestic partnership' means two persons committed to an
interpersonal relationship with each other, other than
marriage, which has been acknowledged through a publicly
established governmental procedure, through a privately
enforceable written agreement, or through other documents
executed by those persons which evidence their intention to
commit to an interpersonal relationship with each other.''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Ms. GREENE, announced that the nays had it.
Mr. BERMAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
164
<3-line {>
negative
Nays
249
para.87.12 [Roll No. 315]
YEAS--164
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bilbray
Blumenauer
Blute
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Durbin
Ehlers
Engel
Eshoo
Farr
Fattah
Fazio
Filner
Foglietta
Foley
Forbes
Fox
Frank (MA)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Green (TX)
Greenwood
Gunderson
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hobson
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klug
Kolbe
Lantos
Lazio
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pryce
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Thomas
Thurman
Torkildsen
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Ward
Waters
Waxman
Williams
Wilson
Woolsey
Wynn
Yates
Zimmer
NAYS--249
Allard
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Edwards
Ehrlich
English
Evans
Everett
Ewing
Fawell
Fields (TX)
Flake
Fowler
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (SD)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kim
King
Kingston
Klink
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manton
Manzullo
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
[[Page 1499]]
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Tiahrt
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (AK)
Zeliff
NOT VOTING--20
Archer
Brewster
Dunn
Ensign
Fields (LA)
Flanagan
Ford
Gibbons
Hall (OH)
Johnston
LaFalce
Lincoln
Longley
McDade
Meehan
Roberts
Thompson
Thornton
Watt (NC)
Young (FL)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Ms. GREENE, announced that the yeas had it.
Mr. CANADY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
Yeas
342
It was decided in the
Nays
67
<3-line {>
affirmative
Answered present
2
para.87.13 [Roll No. 316]
YEAS--342
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Durbin
Edwards
Ehlers
Ehrlich
English
Evans
Everett
Ewing
Fawell
Fazio
Fields (TX)
Filner
Flake
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lowey
Lucas
Luther
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Rush
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--67
Abercrombie
Ackerman
Becerra
Beilenson
Berman
Brown (CA)
Brown (OH)
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dixon
Engel
Eshoo
Farr
Fattah
Foglietta
Frank (MA)
Gejdenson
Gunderson
Gutierrez
Harman
Hastings (FL)
Hinchey
Jackson (IL)
Kennedy (MA)
Kennedy (RI)
Lantos
Lewis (GA)
Lofgren
Maloney
Markey
Martinez
Matsui
McDermott
McKinney
Meek
Millender-McDonald
Miller (CA)
Mink
Moran
Nadler
Olver
Pallone
Payne (NJ)
Pelosi
Rangel
Rivers
Roybal-Allard
Sabo
Sanders
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Torres
Towns
Velazquez
Waters
Waxman
Williams
Woolsey
ANSWERED ``PRESENT''--2
Jackson-Lee (TX)
Owens
NOT VOTING--22
Brewster
Clay
Dickey
Dunn
Ensign
Fields (LA)
Flanagan
Ford
Gibbons
Greenwood
Hall (OH)
Johnston
LaFalce
Lincoln
Longley
McDade
Meehan
Roberts
Thompson
Thornton
Watt (NC)
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.87.14 adjournment over
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Tuesday, July 16, 1996, at 10:30 a.m. for ``morning hour'' debates.
para.87.15 calendar wednesday dispensed with
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
17, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.87.16 first congressional annual picnic
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the following concurrent resolution (H. Con. Res. 198):
Whereas as the Member's and Family Room is an official
entity of the House of Representatives, administratively
under the Office of the Clerk of the House;
Whereas the purpose of the Member's and Family Room is to
facilitate family life in congressional families, and to
promote collegial relationships among the sitting Members of
Congress; and
Whereas a family picnic on the Capitol grounds would
promote the purposes of the Member's and Family Room: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. AUTHORIZATION OF FIRST ANNUAL CONGRESSIONAL FAMILY
PICNIC ON CAPITOL GROUNDS.
The Advisory Board of the Member's and Family Room (in this
resolution referred to as the ``Advisory Board'') shall be
permitted to sponsor an event, the first annual Congressional
Family Picnic, on the Capitol grounds on July 30, 1996, or on
such other date as the Speaker of the House of
Representatives and the President pro tempore of the Senate
may jointly designate.
SEC. 2. CONDITIONS.
The event to be carried out under this resolution shall be
arranged under conditions to be prescribed by the Architect
of the Capitol and the Capitol Police Board.
SEC. 3. STRUCTURES AND EQUIPMENT.
For the purposes of this resolution, the Advisory Board is
authorized to erect upon the Capitol grounds, subject to the
approval of the Architect of the Capitol, such structures and
equipment (including cooking equipment) as may be required
for the event to be carried out under this resolution.
SEC. 4. ADDITIONAL ARRANGEMENTS.
The Architect of the Capitol and the Capitol Police Board
are authorized to make any such additional arrangements that
may be required to carry out the event under this resolution.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
[[Page 1500]]
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.87.17 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
H.R. 419. An Act for the relief of Benchmark Rail Group,
Inc, and
H.R. 701. An Act to authorize the Secretary of Agriculture
to convey lands to the city of Rolls, Missouri.
para.87.18 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. ENSIGN, for today;
To Mr. FLANAGAN, for today;
To Mr. FIELDS of Louisiana, for today; and
To Mr. HALL of Ohio, for today.
And then,
para.87.19 adjournment
On motion of Mr. NORWOOD, pursuant to the special order heretofore
agreed to, at 4 o'clock and 47 minutes p.m., the House adjourned until
10:30 a.m. on July 16, 1996.
para.87.20 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. LIVINGSTON: Committee on Appropriations. Report on the
revised subdivision of budget totals for fiscal year 1997
(Rept. No. 104-672). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3249. A
bill to authorize appropriations for a mining institute to
develop domestic technological capabilities for the recovery
of minerals from the Nation's seabed, and for other purposes;
with amendments (Rept. No. 104-673). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. S. 1459. An
Act to provide for uniform management of livestock grazing on
Federal land, and for other purposes; with an amendment
(Rept. No. 104-674, Pt. 1). Referred to the Committee of the
Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 3586. A bill to amend title 5, United States Code, to
strengthen veterans' preference, to increase employment
opportunities for veterans, and for other purposes; with an
amendment (Rept. No. 104-675). Referred to the Committee of
the Whole House on the State of the Union.
para.87.21 discharge of committee
Pursuant to clause 5 of rule X the Committee on Agriculture discharged
from further consideration, S. 1459 referred to the Committee of the
Whole House on the State of the Union.
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
S. 1459. Referral to the Committee on Agriculture extended
for a period ending not later than July 12, 1996.
para.87.22 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BUYER:
H.R. 3799. A bill to amend title 49, United States Code, to
exclude not-for-hire transportation of agriculture production
materials from regulation under the Hazardous Materials
Transportation Act; to the Committee on Transportation and
Infrastructure.
By Mr. WAMP:
H.R. 3800. A bill to amend the Federal Election Campaign
Act of 1971 to prohibit political action committees from
making contributions or expenditures for the purpose of
influencing elections for Federal office, and for other
purposes; to the Committee on House Oversight.
By Mr. KLECZKA (for himself and Mr. Sensenbrenner):
H.R. 3801. A bill to amend the Internal Revenue Code of
1986 to provide that the furnishing of recreational fitness
services by tax-exempt hospitals shall be treated as an
unrelated trade or business and that tax-exempt bonds may not
be used to provide facilities for such services; to the
Committee on Ways and Means.
By Mr. TATE (for himself, Mr. Horn, Mrs. Maloney, and
Mr. Peterson of Minnesota):
H.R. 3802. A bill to amend section 552 of title 5, United
States Code, popularly known as the Freedom of Information
Act, to provide for public access to information in an
electronic format, and for other purposes; to the Committee
on Government Reform and Oversight.
By Mr. BARTON of Texas (for himself, Mr. Goodling, Mr.
Clay, Mr. Edwards, Mr. Laughlin, Mr. Bonilla, Mr.
Bereuter, Mr. Fields of Texas, Mr. Montgomery, Mr.
Ackerman, Mr. Pete Geren of Texas, Mr. Wilson, Mr.
Watts of Oklahoma, Mr. Greenwood, Mr. Boehlert, Mr.
Ehrlich, Mr. Gonzalez, Mr. Weller, Mr. Frost, Mr.
Bentsen, Mr. de la Garza, Mr. Sam Johnson, Mr. Skeen,
Mr. Stenholm, Mr. Tejeda, Mr. Bateman, Mrs. Johnson
of Connecticut, Mr. Green of Texas, Mr. Hall of
Texas, Mr. King, Mr. Thornberry, Mrs. Vucanovich, Mr.
Smith of Texas, Mr. Combest, Mr. Chapman, Mr.
Brewster, Mr. Portman, Mr. Bryant of Texas, Mr.
Sisisky, Mr. Barrett of Nebraska, Mr. Coleman, Mr.
Packard, Mrs. Kelly, Mr. Stokes, Mr. Linder, and Mr.
Lipinski):
H.R. 3803. A bill to authorize funds for the George Bush
School of Government and Public Service; to the Committee on
Economic and Educational Opportunities.
By Mr. BONO:
H.R. 3804. A bill to remove the restriction on the
distribution of certain revenues from the Mineral Springs
parcel to certain members of the Agua Caliente Band of
Cahuilla Indians; to the Committee on Resources.
By Mr. BRYANT of Tennessee (for himself, Mr. Conyers,
Mr. Whitfield, Mr. Manton, and Mr. Largent):
H.R 3805. A bill to establish procedures and remedies
governing the relocation of certain professional sports
teams, and for other purposes; to the Committee on the
Judiciary, and in addition to the Committee on Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. MARTINEZ (for himself, Mr. Kildee, and Mr.
Scott):
H.R. 3806. A bill to extend and amend the programs under
the Runaway and Homeless Youth Act, to consolidate
authorities for programs for runaway and homeless youth, and
for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. McDermott (for himself, Mr. Gibbons, Mr. Rangel,
Mr. Stark, Mr. Matsui, Mrs. Kennelly, Mr. Coyne, Mr.
Lewis of Georgia, and Mr. Neal of Massachusetts):
H.R. 3807. A bill to amend the Internal Revenue Code of
1986 to allow penalty-free withdrawals from certain
retirement plans during periods of unemployment; to the
Committee on Ways and Means.
By Mr. MOORHEAD (for himself, Mr. Hyde, Mrs. Schroeder,
and Mr. Conyers):
H.R. 3808. A bill to establish the Intellectual Property
Assembly of the Americas and to provide for participation in
the assembly by the U.S. Delegation; to the Committee on
International Relations.
By Mr. PALLONE (for himself, Mr. Wynn, Mr. Klug, Mr.
Canady, and Mr. Porter):
H.R. 3809. A bill to improve the ability of the U.S.
Government to collect debts owed to it, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ROSE:
H.R. 3810. A bill to provide for the recognition of the
Lumbee Tribe of North Carolina, and for other purposes; to
the Committee on Resources.
By Mr. SHADEGG:
H.R. 3811. A bill to provide incentives for the
conservation and recovery of endangered species; to the
Committee on Resources.
By Mr. SMITH of New Jersey (for himself, Mr. Hyde, Mr.
Lantos, Mr. Moran, Mr. Kennedy of Massachusetts, and
Ms. Ros-Lehtinen):
H.R. 3812. A bill to impose certain sanctions on countries
that do not prohibit child labor; to the Committee on
International Relations, and in addition to the Committees on
Ways and Means, and Banking and Financial Services, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MINGE:
H. Res. 477. Resolution amending the Rules of the House of
Representatives regarding trust relationships; to the
Committee on Rules.
para.87.23 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. JEFFERSON:
H.R. 3813. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Sea Sister; to the Committee on Transportation
and Infrastructure.
para.87.24 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 188: Mr. Johnston of Florida.
H.R. 721: Mr. Pallone.
H.R. 773: Mr. Gilchrest.
H.R. 820: Mr. Porter, Mr. Hayes, Mrs. Kennelly, Mr.
Livingston, and Mrs. Collins of Illinois.
[[Page 1501]]
H.R. 1100: Mr. Lipinski and Mr. Hinchey.
H.R. 1127: Mrs. Myrick.
H.R. 1591: Mr. Visclosky, Mr. Menendez, and Mr. Coyne.
H.R. 2011: Ms. Pryce, Mr. Flake, Mr. Hastings of Florida,
and Mr. Gutierrez.
H.R. 2065: Ms. DeLauro.
H.R. 2209: Mr. Volkmer and Mrs. Collins of Illinois.
H.R. 2472: Mr. Towns and Ms. McCarthy.
H.R. 2697: Mrs. Lowey.
H.R. 2748: Mr. Filner, Mr. Cardin, Mr. Coyne, Mr. Brewster,
Ms. Danner, Mr. Yates, and Mr. Kennedy of Massachusetts.
H.R. 2807: Mr. Jefferson, Mr. Bachus, and Mr. Andrews.
H.R. 2900: Mr. Young of Alaska, Mrs. Meyers of Kansas, and
Mr. Frost.
H.R. 2911: Mr. Fawell.
H.R. 2960: Mrs. Johnson of Connecticut.
H.R. 2976: Mrs. Myrick and Mr. Weller.
H.R. 3000: Mr. Parker, Mr. de la Garza, Mr. Largent, Mr.
Brown of Ohio, Mr. Evans, and Ms. Greene of Utah.
H.R. 3077: Mr. Fattah and Mr. Barrett of Wisconsin.
H.R. 3142: Mr. Payne of Virginia, Mr. Frelinghuysen, and
Mr. Neal of Massachusetts.
H.R. 3187: Mr. Ackerman, Mr. Andrews, Ms. Danner, Mr.
Lipinski, Mr. Poshard, Mr. Fattah, and Mrs. Collins of
Illinois.
H.R. 3201: Mr. Meehan, Mr. Franks of New Jersey, Mr. Frank
of Massachusetts, Ms. Norton, Mr. Salmon, Mr. Hunter, Mr.
Kim, and Mr. Duncan.
H.R. 3246: Mr. Cummings.
H.R. 3250: Mr. LaHood.
H.R. 3351: Mr. Brown of Ohio.
H.R. 3393: Mr. Moran.
H.R. 3401: Mr. LoBiondo, Mr. Watt of North Carolina, Mr.
Hayworth, Mr. Calvert, Mr. Jefferson, and Ms. Molinari.
H.R. 3462: Mr. Pallone and Mr. Sensenbrenner.
H.R. 3467: Ms. Danner, Mr. Martini, Mr. Hayworth, and Mr.
Bachus.
H.R. 3480: Mr. Myers of Indiana.
H.R. 3482: Mr. Owens and Ms. Jackson-Lee.
H.R. 3505: Mr. Dingell and Mr. Markey.
H.R. 3510: Mr. Johnston of Florida, Mrs. Clayton, Mrs.
Maloney, Ms. Slaughter, Ms. DeLauro, Mr. Hinchey, Mr. Olver,
Ms. Waters, Mr. Hastings of Florida, Mr. Manton, Mr. Hoyer,
Ms. Woolsey, and Mrs. Mink of Hawaii.
H.R. 3518: Mr. Torres.
H.R. 3522: Mr. Lipinski, Mr. Evans, and Mr. Jackson.
H.R. 3571: Mr. Sensenbrenner.
H.R. 3601: Mr. Wicker, Mr. Largent, Mrs. Fowler, Mr.
Radanovich, Mr. McCollum, and Mr. Mica.
H.R. 3654: Mr. Wamp, Mr. Shuster, Mr. Boehlert, Mrs.
Thurman, and Mr. Baker of Louisiana.
H.R. 3700: Mr. Baker of Louisiana, Mr. Calvert, Mrs. Kelly,
Mr. Barrett of Wisconsin, and Mr. Collins of Georgia.
H.R. 3706: Mr. Sanders.
H.R. 3714: Mrs. Johnson of Connecticut, Mr. Baldacci, and
Mr. Neal of Massachusetts.
H.R. 3732: Mr. Ehlers.
H.R. 3745: Mr. Hostettler and Mr. Ackerman.
H.R. 3753: Mr. Durbin and Mr. Pomeroy.
H.R. 3757: Ms. Slaughter.
H.R. 3760: Ms. Greene of Utah, Mr. Ballenger, Mr. Riggs,
Mr. Livingston, Mr. Fox, Mr. Kolbe, Mr. Weldon of
Pennsylvania, Mr. Walker, Mr. English of Pennsylvania, and
Mr. Camp.
H.R. 3766: Mr. Bereuter and Mr. Pallone.
H.R. 3775: Mr. Souder, Mr. Combest, Mr. Davis, Mr. Bryant
of Tennessee, Mr. Quillen, Mr. Wolf, Mr. Green of Texas, Mr.
Funderburk, and Mr. Coble.
H.R. 3783: Mr. McIntosh, Mr. Weller, Mr. Foley, Mr.
Moorhead, Mr. Brownback, Mr. Duncan, Mr. Manzullo, Mr.
Volkmer, Mr. Herger, Mr. Solomon, and Mr. Skeen.
H.R. 3798: Mr. Flake, Mr. Rahall, and Mr. Clay.
H.J. Res. 26: Mr. Tiahrt.
H. Con. Res. 83: Ms. Furse.
H. Con. Res. 180: Mr. Skelton, Mr. Graham, Mr. Watts of
Oklahoma, Mr. Solomon, Mr. McNulty, Mr. King, Mr. Horn, Mr.
Lipinski, Mr. English of Pennsylvania, and Mrs. Kelly.
H. Res. 399: Ms. Furse.
H. Res. 464: Mr. Gilman.
.
TUESDAY, JULY 16, 1996 (88)
para.88.1 designation of speaker pro tempore
The House was called to order at 10:30 a.m. by the SPEAKER pro
tempore, Mr. HASTINGS of Washington, who laid before the House the
following communication:
Washington, DC,
July 16, 1996.
I hereby designate the Honorable Richard ``Doc'' Hastings
to act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.88.2 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 248. An Act to amend the Public Health Service Act to
provide for the conduct of expanded studies and the
establishment of innovative programs with respect to
traumatic brain injury, and for other purposes.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 1757. An Act to amend the Developmental Disabilities
Assistance and Bill of Rights Act to extend the Act, and for
other purposes.
para.88.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to the
order of the House of Friday, May 12, 1995, recognized Members for
``morning hour'' debates.
para.88.4 recess--10:43 a.m.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
clause 12 of rule I, declared the House in recess until 12 o'clock noon.
para.88.5 after recess--12:00 noon
The SPEAKER pro tempore, Mr. HEFLEY, called the House to order.
para.88.6 approval of the journal
The SPEAKER pro tempore, Mr. HEFLEY, announced he had examined and
approved the Journal of the proceedings of Monday, July 16, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.88.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4137. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Raisins Produced From Grapes Grown in California; Final Free
and Reserve Percentages for the 1995-96 Crop Year for Natural
(sun-dried) Seedless, Zante Currant, and Other Seedless
Raisins [Docket No. FV96-989-1FIR] received July 15, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4138. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Colorado; Assessment Rate [Docket No.
FV96-948-2IFR] received July 15, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4139. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Goats Imported From Mexico for
Immediate Slaughter; Horse Quarantine Facilities [Docket No.
91-101-2] received July 15, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4140. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Karnal Bunt; Removal of Quarantined
Areas; Technical Amendment [APHIS Docket No. 96-016-8]
received July 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
4141. A letter from the Chairman, Federal Financial
Institutions Examination Council, transmitting the Council's
report on the use of consistent financial terminology,
pursuant to Public Law 103-325, section 210 (108 Stat. 2201);
to the Committee on Banking and Financial Services.
4142. A letter from the Chairman, Federal Financial
Institutions Examination Council, transmitting the Council's
report on the feasibility of establishing and maintaining an
interagency data bank, pursuant to Public Law 103-325 section
341(a) (108 Stat. 2238); to the Committee on Banking and
Financial Services.
4143. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Review of OTS Decisions [96-65] received July 15, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4144. A letter from the Acting Director, Office of Thrift
Supervision, transmitting the 1995 annual report on
enforcement actions and initiatives, pursuant to 12 U.S.C.
1833; to the Committee on Banking and Financial Services.
4145. A letter from the Administrator, Food and Consumer
Service, transmitting the Service's final rule--Removal of
the ``Cheese Alternate Products'' specifications from the
National School Lunch Program (RIN: 0584-AC04) received July
16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Economic and Educational Opportunities.
4146. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards/Consumer Information
Regulations, Truck-Camper Loading (National Highway Traffic
Safety Administration) (RIN: 2127-AF81) received July 15,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4147. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Approval of
the Carbon Monoxide Implementation Plan submitted by the
State of Connecticut pursuant to Sections 186-187 and 211(m)
(FRL-5523-2) received July 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
[[Page 1502]]
4148. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Revision 1 of Regulatory Guide
1.153--Criteria for Safety System--received July 15, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4149. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Removal of 10 CFR Part 53--Criteria
and Procedures for Determining the Adequacy of Available
Spent Nuclear Fuel Storage Capacity (RIN: 3150-AF47) received
July 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4150. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--Form BD
Amendments (RIN: 3235-AG25) received July 15, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4151. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's report on PLO compliance, pursuant to Public Law
101-246, section 804(b) (104 Stat. 78) and Public Law 104-
107, section 604(b)(1) (110 Stat. 756); to the Committee on
International Relations.
4152. A letter from the Acting Director, Office of
Management and Budget, transmitting the Office's report
entitled the ``1996 Federal Financial Management Status
Report and Five-Year Plan'', pursuant to Public Law 101-576,
section 301(a) (104 Stat. 2849); to the Committee on
Government Reform and Oversight.
4153. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Pacific Halibut Fisheries; 1996 Halibut Landing Report No. 4
[Docket No. 960111003-6068-03; I.D. 070296C] received July
15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4154. A letter from the Director, Office of Surface Mining
Reclamation and Enforcement, transmitting the Office's final
rule--Alabama Regulatory Program (30 CFR Part 901) received
July 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4155. A letter from the Director, Office of Surface Mining
Reclamation and Enforcement, transmitting the Office's final
rule--Illinois Regulatory Program [SPATS No. IL-092-FOR]
received July 15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4156. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Removal of Form I-151, Alien Registration Receipt Card,
from the listing of Forms Recognized as Evidence of
Registration for Lawful Permanent Resident Aliens [Docket No.
1686-95] (RIN: 1115-AD87) received July 16, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
4157. A letter from the Treasurer, The Congressional Medal
of Honor Society of the United States of America,
transmitting the annual financial report of the Society for
calendar year 1995, pursuant to 36 U.S.C. 1101(19) and 1103;
to the Committee on the Judiciary.
4158. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Idle Hour South Channel Challenge,
St. Clair River, MI (U.S. Coast Guard) [CGD09-96-001] (RIN:
2115-AE46) received July 15, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4159. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone; San Diego Bay, San Diego, CA (U.S. Coast
Guard) [COTP San Diego 96-002] (RIN: 2115-AA97) received July
15, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4160. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security for Passenger Vessels and Passenger Terminals (U.S.
Coast Guard) [CGD 91-012] (RIN: 2115-AD75) received July 15,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4161. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Part
III--Administrative, Procedural, and Miscellaneous--
Determination of whether income of a controlled foreign
corporation earned through a partnership is subpart F income
(Notice 96-39) received July 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
4162. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Instructions for filing claims for refund of insurance
premium excise tax based on the U.S. Supreme Court's opinion
in United States v. IBM (Notice 96-37) received July 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
4163. A letter from the Administrator, Panama Canal
Commission, transmitting a draft of proposed legislation to
amend the Panama Canal Act of 1979; jointly, to the
Committees on National Security and Government Reform and
Oversight.
4164. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-39: Assistance to Bosnia
and Herzegovina, pursuant to Public Law 104-107, section
540(b) (110 Stat. 736) jointly, to the Committees on
International Relations and Appropriations.
4165. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of Presidential Determination No. 96-40: Assistance for
Bosnia and Herzegovina, pursuant to Public Law 104-122,
section 2 (110 Stat. 876); jointly, to the Committees on
International Relations and Appropriations.
para.88.8 private calendar postponed
On motion of Mr. FUNDERBURK, by unanimous consent,
Ordered, That business in order under clause 6, rule XXIV, the Private
Calendar rule, be postponed until later today.
para.88.9 commerce, justice, state, judiciary appropriations
Mr. ROGERS submitted a privileged report (Rept. No. 104-676) on the
bill (H.R. 3814) making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for the fiscal
year ending September 30, 1997, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.88.10 government accountability act
Mr. McCOLLUM moved to suspend the rules and pass the bill (H.R. 3166)
to amend title 18, United States Code, with respect to the crime of
false statement in a Government matter.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. McCOLLUM and
Mr. CONYERS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. McCOLLUM objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.88.11 va compensation cola
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3458) to
increase, effective as of December 1, 1996, the rates of compensation
for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for the survivors of certain
disabled veterans.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. STUMP and MR.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.12 agent orange benefits
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3643) to
amend title 38, United States Code, to extend through December 31, 1998,
the period during which the Secretary of Veterans Affairs is authorized
to provide priority health care to certain veterans who were exposed to
Agent Orange or who served in the Persian Gulf War and to make such
authority permanent in the case of certain veterans exposed to ionizing
radiation, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-
[[Page 1503]]
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.13 veterans' compensation and readjustment benefits
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3673) to
amend title 38, United States Code, to revise and improve certain
veterans programs and benefits, to authorize the American Battle
Monuments Commission to enter into arrangements for the repair and long-
term maintenance of war memorials for which the Commission assumes
responsibility, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.14 veterans' education and compensation benefits
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3674) to
amend title 38, United States Code, to clarify the causal relationship
required between a veteran's service-connected disability and employment
handicap for purposes of determining eligibility for training and
rehabilitation assistance, to transfer certain educational assistance
entitlements from the Post-Vietnam Era Educational Assistance Program to
the Montgomery GI Bill, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.15 omnibus export administration
Mr. ROTH moved to suspend the rules and pass the bill (H.R. 361) to
provide authority to control exports, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. ROTH and Mr.
GEJDENSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.16 mfn for romania
Mr. CRANE moved to suspend the rules and pass the bill (H.R. 3161) to
authorize the extension of nondiscriminatory treatment (most-favored-
nation treatment) to the products of Romania.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. CRANE and Mr.
FUNDERBURK, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. FUNDERBURK demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.88.17 federal oil and gas royalty simplification and fairness
Mr. CALVERT moved to suspend the rules and pass the bill (H.R. 1975)
to improve the management of royalties from Federal and Outer
Continental Shelf oil and gas leases, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. CALVERT and Mr.
ABERCROMBIE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.18 nation's seabed minerals recovery
On motion of Mr. CALVERT, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 3249) to authorize appropriations for a
mining institute to develop domestic technological capabilities for the
recovery of minerals from the nation's seabed, and for other purposes.
When said bill was considered and read twice.
The following amendment, recommended by the Committee on Resources,
was then agreed to:
SECTION 1. SEABED MINERALS.
(A) Authorization of Appropriations.--Section 2(a) of the
Mining and Mineral Resources Research Institute Act of 1984
(30 U.S.C. 1222(a)) is amended by adding the following at the
end thereof:
``There is authorized to be appropriated to the Secretary not
more than $1,800,000 for each of the fiscal years after
fiscal year 1996 to be made available by the Secretary to an
institute or institutes experienced in investigating the
continental shelf regions of the United States, the deep
seabed and near shore environments of islands, and the Arctic
and cold water regions as a source for nonfuel minerals. Such
funds are to be used by the institute or institutes to assist
in developing domestic technological capabilities required
for the location of, and the efficient and environmentally
sound recovery of, minerals (other than oil and gas) from the
Nation's shallow and deep seabed.''.
(b) Short Title.--Section 11 of such Act (30 U.S.C. 1201
note) is amended to read as follows:
``SEC. 11. SHORT TITLE
``This Act may be cited as the `Mining and Mineral
Resources Institutes Act'.''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize appropriations for a mining institute or institutes to develop
domestic technological capabilities for the recovery of minerals from
the Nation's seabed, and for other purposes.''.
A motion to reconsider the votes whereby the bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
[[Page 1504]]
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.88.19 mollie beattie alaska wilderness area
On motion of Mr. YOUNG of Alaska, by unanimous consent, the bill of
the Senate (S. 1899) entitled the ``Mollie Beattie Alaska Wilderness
Area Act''; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.88.20 providing for the consideration of h.r. 3756
Mr. DIAZ-BALART, by direction of the Committee on Rules, called up the
following resolution (H. Res. 475):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 3756) making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies,
for the fiscal year ending September 30, 1997, and for other
purposes. The first reading of the bill shall be dispensed
with. Points of order against consideration of the bill for
failure to comply with section 302(f), 308(a), or 401(b) of
the Congressional Budget Act of 1974 are waived. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Appropriations.
After general debate the bill shall be considered for
amendment under the five-minute rule. The amendment printed
in part 1 of the report of the Committee on Rules
accompanying this resolution shall be considered as adopted
in the House and in the Committee of the Whole. Points of
order against provisions in the bill, as amended, for failure
to comply with clause 2 or 6 or rule XXI are waived except as
follows: page 53, line 15, through page 55, line 12; and page
56, line 13, through page 57, line 3. Before consideration of
any other amendment it shall be in order to consider the
amendments printed in part 2 of the report of the Committee
on Rules. Each amendment printed in part 2 of the report may
be considered only in the order printed, may be offered only
by a Member designated in the report, shall be considered as
read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments printed in part 2 of the report are waived.
During consideration of the bill for further amendment, the
Chairman of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering an
amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII. Amendments so printed shall be considered as
read. The Chairman of the Committee of the Whole may postpone
until a time during further consideration in the Committee of
the Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall not be less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or a
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. DIAZ-BALART, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.88.21 treasury and u.s. postal service appropriations
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to House Resolution
475 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3756) making appropriations for the Treasury Department, the
United States Postal Service, Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1997, and for other purposes.
The SPEAKER pro tempore, Mr. GUTKNECHT, by unanimous consent,
designated Mr. DREIER as Chairman of the Committee of the Whole; and
after some time spent therein,
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. DREIER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.88.22 order of business--consideration of h.r. 3756 and amendments
thereto
On motion of Mr. LIGHTFOOT, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 3756)
making appropriations for the Treasury Department, the United States
Postal Service, Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September 30, 1997, and
for other purposes, in the Committee of the Whole House on the state of
the Union, pursuant to House Resolution 475, the bill be considered as
having been read; and
Ordered further, That no amendment shall be in order except for the
following amendments, which shall be considered as read, shall not be
subject to amendment or to a demand for a division of the question in
the House or in the Committee of the Whole, and shall be debatable for
the time specified, equally divided and controlled by the proponent and
a Member opposed: an amendment by Mr. Kennedy (regarding Customs
Service) for 10 minutes; an amendment by Mr. Durbin (regarding firearms
disabilities) for 30 minutes; an amendment by Mrs. Johnson of
Connecticut (regarding IRS funding) for 10 minutes; an amendment by Mr.
Traficant for 10 minutes; an amendment by Mr. Hoyer or Mrs. Lowey (to
strike sections 518 and 519) for 30 minutes; an amendment by Mr. Hoyer
(regarding buyouts) for 10 minutes; an amendment by Mr. Wolf (regarding
buyouts) for 10 minutes; an amendment by Mr. Kingston (regarding customs
ports of entry) for 9 minutes; an amendment by Mr. Gutknecht (regarding
an across-the-board cut) for 20 minutes; an amendment by Mr. Sanders
(regarding health maintenance organizations) for 20 minutes; an
amendment by Ms. Kaptur (regarding China tariffs) for 10 minutes; an
amendment by Mr. Solomon (regarding a limitation of the Comptroller of
the Currency) for 10 minutes; an amendment by Mr. Salmon (regarding
White House Travel Office) for 10 minutes; an amendment by Mr. Hoyer for
10 minutes; and an amendment by Mr. Gekas for 10 minutes.
para.88.23 providing for the consideration of h.r. 3814
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-678) the privileged resolution (H. Res. 479) providing for
consideration of the bill (H.R. 3814) making appropriations for the
Departments of Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.88.24 treasury and u.s. postal service appropriations
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to House Resolution
475 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 3756) making appropriations for the Treasury
Department, the United States Postal Service, Executive Office of the
President, and certain Independent Agencies, for the fiscal year ending
September 30, 1997, and for other purposes.
Mr. DREIER, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.88.25 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the
[[Page 1505]]
Whole on the following amendment submitted by Mr. METCALF:
Page 118, after line 16, insert the following new section:
Sec. 637. For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), no adjustment under section 5303 of title 5,
United States Code, shall be considered to have taken effect
in fiscal year 1997 in the rates of basic pay for the
statutory pay systems.
It was decided in the
Yeas
352
<3-line {>
affirmative
Nays
67
para.88.26 [Roll No. 317]
AYES--352
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Jones
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKinney
McNulty
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Yates
Young (AK)
Zeliff
Zimmer
NOES--67
Beilenson
Berman
Boehlert
Brewster
Campbell
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cummings
Dellums
Dixon
Engel
Fattah
Flake
Foglietta
Frank (MA)
Geren
Gibbons
Hastings (FL)
Houghton
Hoyer
Hyde
Jackson (IL)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
King
Knollenberg
Lewis (CA)
Lewis (GA)
Livingston
Martinez
McDermott
McKeon
Moorhead
Moran
Murtha
Packard
Payne (NJ)
Pelosi
Porter
Quillen
Rangel
Rush
Serrano
Stark
Stokes
Studds
Thomas
Thompson
Towns
Vucanovich
Walker
Waters
Watt (NC)
Waxman
Williams
Wilson
Wynn
NOT VOTING--14
de la Garza
Ford
Hall (OH)
Hayes
Lincoln
McDade
Meehan
Miller (CA)
Molinari
Paxon
Rose
Sabo
Slaughter
Young (FL)
So the amendment was agreed to.
para.88.27 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
Page 118, after line 16, insert the following new section:
Sec. 637. (a) For purposes of this section, the term
``political appointee'' means any individual who--
(1) is employed in a position listed in sections 5312
through 5316 of title 5, United States Code (relating to the
Executive Schedule);
(2) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service, as defined under section 3132(a) (5), (6), and (7)
of title 5, United States Code, respectively; or
(3) is employed in a position in the executive branch of
the Government under schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations.
(b) The President, acting through the Office of Management
and Budget and the Office of Personnel Management, shall take
such actions as necessary (including reduction-in-force
actions under procedures consistent with those established
under section 3595 of title 5, United States Code) to ensure
that the number of political appointees shall not, during any
fiscal year beginning after September 30, 1997, exceed a
total of 2,300 (determined on a full-time equivalent basis).
It was decided in the
Yeas
267
<3-line {>
affirmative
Nays
150
para.88.28 [Roll No. 318]
AYES--267
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Jones
Kaptur
Kasich
Kelly
Kildee
Kim
Kingston
Kleczka
Klug
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lucas
Luther
Manzullo
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Packard
Pallone
Parker
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Rivers
Roberts
Rogers
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
[[Page 1506]]
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Young (AK)
Zeliff
Zimmer
NOES--150
Abercrombie
Ackerman
Baldacci
Becerra
Beilenson
Berman
Bevill
Bliley
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Bryant (TX)
Campbell
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Cox
Coyne
Cummings
DeFazio
DeLauro
Dellums
Dingell
Dixon
Dooley
Durbin
Edwards
Ehlers
Engel
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Gejdenson
Gibbons
Gonzalez
Gutierrez
Hastings (FL)
Hefner
Hilliard
Hinchey
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Klink
Kolbe
LaFalce
Lantos
Levin
Lewis (CA)
Lewis (GA)
Livingston
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McIntosh
McKinney
McNulty
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Rahall
Rangel
Richardson
Roemer
Rohrabacher
Roybal-Allard
Rush
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Smith (MI)
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornberry
Thornton
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Waxman
Williams
Wilson
Wolf
Woolsey
Wynn
Yates
NOT VOTING--16
de la Garza
Dicks
Ford
Hall (OH)
Hayes
Lincoln
McDade
Meehan
Miller (CA)
Molinari
Paxon
Rose
Sabo
Slaughter
Walker
Young (FL)
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. LONGLEY, assumed the Chair.
When Mr. DREIER, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.88.29 energy and water development appropriations
Mr. MYERS submitted a privileged report (Rept. No. 104-679) on the
bill (H.R. 3816) making appropriations for energy and water development
for the fiscal year ending September 30, 1997, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.88.30 suspension votes redesignated
The SPEAKER pro tempore, Mr. LONGLEY, pursuant to clause 5(b) of rule
I, announced the redesignation of the time for resumption of further
proceedings on the motions to suspend the rules and pass H.R. 3166 and
H.R. 3161 to be Wednesday, July 17, 1996.
para.88.31 private calendar
Pursuant to clause 6, rule XXIV,
The SPEAKER pro tempore, Mr. LONGLEY, directed the Private Calendar to
be called.
When,
para.88.32 bill passed
The bill of the following title was considered, read twice, ordered to
be engrossed and read a third time, was read a third time by title, and
passed:
H.R. 2001. A bill for the relief of Norton R. Girault.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
The bill of the Senate of the following title was considered, read
twice, ordered to be read a third time, was read a third time by title,
and passed:
S. 966. An Act for the relief of Nathan C. Vance, and for other
purposes.
Ordered, That the Clerk notify the Senate thereof.
Motions made to reconsider the votes whereby each bill on the Private
Calendar was disposed of today were, by unanimous consent, laid on the
table.
para.88.33 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1757. An Act to amend the Developmental Disabilities
Assistance and Bill of Rights Act to extend the act, and for
other purposes; to the Committee on Commerce.
para.88.34 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. YOUNG of Florida, for today and balance of the week;
To Ms. SLAUGHTER, for today;
To Mrs. LINCOLN, for today and balance of the week;
To Mr. HALL of Ohio, for today and balance of the week; and
To Mr. MILLER of California, for today and July 17.
And then,
para.88.35 adjournment
On motion of Mr. McDERMOTT, at 10 o'clock and 31 minutes p.m., the
House adjourned.
para.88.36 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ROGERS: Committee on Appropriations. H.R. 3814. A bill
making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1997 and for other
purposes (Rept. No. 104-676). Referred to the Committee of
the Whole House on the State of the Union.
Mr. THOMAS: Committee on House Oversight. H.R. 3760. A bill
to amend the Federal Election Campaign Act of 1971 to reform
the financing of Federal election campaigns, and for other
purposes; with an amendment (Rept. No. 104-677). Referred to
the Committee of the Whole House on the State of the Union.
Ms. PRYCE: Committee on Rules. House Resolution 479.
Resolution providing for consideration of the bill (H.R.
3814) making appropriations for the Departments of Commerce,
Justice, and State, the judiciary, and related agencies for
the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-678). Referred to the House Calendar.
Mr. MYERS: Committee on Appropriations. H.R. 3816. A bill
making appropriations for energy and water development for
the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-679). Referred to the Committee of
the Whole House on the State of the Union.
Mr. McCOLLUM: Committee on the Judiciary. H.R. 3166. A bill
to amend title 18, United States Code, with respect to the
crime of false statement in a Government matter; with an
amendment (Rept. No. 104-680). Referred to the Committee of
the Whole House on the State of the Union.
para.88.37 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ROGERS:
H.R. 3814. A bill making appropriations for the Departments
of Commerce, Justice, and State, the judiciary, and related
agencies for the fiscal year ending September 30, 1997, and
for other purposes.
By Mr. CRANE:
H.R. 3815. A bill to make technical corrections and
miscellaneous amendments to trade laws; to the Committee on
Ways and Means.
By Mr. MYERS of Indiana:
H.R. 3816. A bill making appropriations for energy and
water development for the fiscal year ending September 30,
1997, and for other purposes.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Christensen, and Mr. Ensign):
H.R. 3817. A bill to amend the Internal Revenue Code of
1986 to reduce the tax on beer to its pre-1991 level; to the
Committee on Ways and Means.
By Mr. HAMILTON (for himself, Mr. Lewis of Kentucky,
Mr. Whitfield, Mr. Gordon, Mr. McIntosh, and Mr.
Ward):
H.R. 3818. A bill to amend the Clean Air Act to exclude
beverage alcohol compounds emitted from aging warehouses from
the definition of volatile organic compounds; to the
Committee on Commerce.
By Mr. HANSEN (for himself, Mr. Hefley, Mr. Torkildsen,
Mr. Saxton, Mr. Goss, Mr. Kasich, Mr. DeFazio, and
Mr. Richardson):
H.R. 3819. A bill to amend the act establishing the
National Park Foundation; to the Committee on Resources.
By Mr. THOMAS (for himself, Mr. Gingrich, Mr. Armey,
Mr. DeLay, Mr. Boehner, Mr. Paxon, Mr. Fawell, Mr.
Hoekstra, Mr. Wamp, Mr. Ehlers, Ms. Greene of Utah,
Mr. Ballenger, Mr. Riggs, Mr. Fox, Mr. Kolbe, Mr.
Walker, Mr. Kingston, Mr. Hobson, Mr. Livingston, Mr.
Weldon of Pennsylvania, and Mr. Coble):
[[Page 1507]]
H.R. 3820. A bill to amend the Federal Election Campaign
Act of 1971 to reform the financing of Federal election
campaigns, and for other purposes; to the Committee on House
Oversight, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. HANSEN:
H.R. 3821. A bill to restrict the advertising and promotion
of tobacco products; to the Committee on Commerce, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LAUGHLIN:
H.R. 3822. A bill to direct the Secretary of the Interior
to transfer the Palmetto Bend Project; to the Committee on
Resources.
H.R. 3823. A bill to provide for the liquidation or
reliquidation of certain entries; to the Committee on Ways
and Means.
By Mr. LONGLEY:
H.R. 3824. A bill to provide for the refunding of expenses
incurred by innocent persons in the State of Maine required
to comply with automobile inspection and maintenance
requirements negligently imposed by the Environmental
Protection Agency; to the Committee on Commerce.
By Mr. TORRICELLI:
H.R. 3825. A bill to establish Federal, State, and local
programs for the investigation, reporting, and prevention of
bias crimes; to the Committee on the Judiciary.
By Ms. WATERS:
H.R. 3826. A bill to amend the Community Reinvestment Act
to require the reporting of actual performance data in order
to verify the availability of credit on a nondiscriminatory
basis; to the Committee on Banking and Financial Services.
H.R. 3827. A bill to amend the Foreign Assistance Act of
1961 to provide for the establishment of a women in
enterprise development program to support the economic
empowerment of women in developing countries; to the
Committee on International Relations.
By Mr. YOUNG of Alaska (for himself, Mr. Miller of
California, and Mr. Richardson):
H.R. 3828. A bill to amend the Indian Child Welfare Act of
1978, and for other purposes; to the Committee on Resources.
By Mr. ARMEY:
H.J. Res. 184. Joint resolution proposing an amendment to
the Constitution of the United States to further protect
religious freedom, including the right of students in public
schools to pray without Government sponsorship or compulsion,
by clarifying the proper construction of any prohibition on
laws respecting an establishment of religion; to the
Committee on the Judiciary.
By Mr. WHITE (for himself, Mr. Dreier, Mr. Bass, Mr.
Brownback, and Mr. Frisa):
H. Res. 478. Resolution to amend the rules of the House of
Representatives to provide public access to committee
documents over the Internet, and for other purposes; to the
Committee on Rules, and in addition to the Committee on House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. BASS (for himself, Mr. Dreier, Mr. White, Mr.
Brownback, and Mr. Allard):
H. Res. 480. Resolution amending the rules of the House of
Representatives to implement the recommendations of the task
force on committee review regarding committee operations,
procedures, and staffing, and for other purposes; to the
Committee on Rules, and in addition to the Committee on House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
para.88.38 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 324: Mr. Kennedy of Massachusetts.
H.R. 866: Mr. Shays.
H.R. 997: Mr. Ehlers.
H.R. 1010: Mr. Abercrombie and Mr. Manton.
H.R. 1073: Mr. Gibbons and Mr. Wolf.
H.R. 1074: Mr. Gibbons, Mr. Yates, and Mr. Wolf.
H.R. 1100: Mr. Kennedy of Massachusetts and Mr. Hamilton.
H.R. 1281: Ms. Ros-Lehtinen, Mr. Manton, Mrs. Meek of
Florida, and Mr. Towns.
H.R. 1386: Mrs. Kelly.
H.R. 1656: Ms. Eshoo.
H.R. 1863: Mr. Blumenauer.
H.R. 1975: Mr. Frost, Mr. Chapman, and Mr. Bentsen.
H.R. 1998: Ms. Furse, Mr. Jackson, Mr. Orton, and Mr.
Weller.
H.R. 2190: Mr. Heineman and Mrs. Lowey.
H.R. 2209: Mr. Taylor of Mississippi and Mr. Coleman.
H.R. 2214: Mr. Boucher.
H.R. 2416: Mr. Clement.
H.R. 2462: Mr. Christensen.
H.R. 2480: Mr. Watts of Oklahoma.
H.R. 2508: Mr. Inglis of South Carolina.
H.R. 2513: Mr. Watts of Oklahoma.
H.R. 2634: Mr. Shadegg.
H.R. 2697: Mr. Clyburn and Mr. Markey.
H.R. 2892: Mr. Meehan.
H.R. 2900: Mr. Horn.
H.R. 2912: Mr. Ackerman.
H.R. 3012: Mr. Hayworth, Mr. Richardson, Mr. Hilliard, Mr.
Christensen, Mr. Clyburn, Mr. McDermott, Mrs. Lincoln, Mr.
Williams, Mr. Wynn, Mr. Mascara, Mr. Young of Alaska, Mr.
Calvert, and Mr. Chambliss.
H.R. 3037: Mr. Condit, Mr. DeFazio, Mr. Peterson of
Minnesota, Mr. Bereuter, and Mr. Faleomavaega.
H.R. 3077: Mr. Dingell, Ms. Pryce, Mr. Pastor, and Ms.
Norton.
H.R. 3083: Mr. Hobson.
H.R. 3118: Mr. Coyne and Mr. Boucher.
H.R. 3155: Mrs. Thurman.
H.R. 3173: Mr. Towns and Mr. Olver.
H.R. 3183: Mr. Hutchinson.
H.R. 3195: Mr. Bachus.
H.R. 3203: Mr. Johnston of Florida.
H.R. 3204: Mr. Johnston of Florida and Mr. Kim.
H.R. 3205: Mr. Johnston of Florida.
H.R. 3211: Mr. Parker, Mr. Coble, and Mr. Bryant of
Tennessee.
H.R. 3217: Mr. Manton.
H.R. 3277: Mr. Brewster, Mrs. Cubin, and Mr. Campbell.
H.R. 3303: Ms. Furse.
H.R. 3337: Mr. Lazio of New York.
H.R. 3444: Mr. Stupak.
H.R. 3450: Mr. Fattah.
H.R. 3466: Mr. Barrett of Wisconsin and Mr. Fawell.
H.R. 3477: Mrs. Meek of Florida and Ms. Slaughter.
H.R. 3496: Mrs. Clayton and Mr. Barrett of Wisconsin.
H.R. 3508: Mr. Baker of Louisiana, Mr. Goss, Ms. Furse, Ms.
Woolsey, Mr. Bono, Mr. Wolf, Mr. Gordon, Mr. Kim, Mr. Bryant
of Tennessee, and Mr. Durbin.
H.R. 3512: Mr. Lewis of Georgia, Mrs. Schroeder, Mr.
Hilliard, Ms. Norton, and Mr. Owens.
H.R. 3513: Mr. Lewis of Georgia, Mrs. Schroeder, Mr.
Hilliard, Ms. Norton, and Mr. Owens.
H.R. 3551: Mr. Deutsch.
H.R. 3580: Mr. Hoke.
H.R. 3590: Mr. Berman and Mr. Dingell.
H.R. 3601: Mr. Scarborough.
H.R. 3605: Mr. Martinez.
H.R. 3608: Mr. Stupak.
H.R. 3618: Ms. Eddie Bernice Johnson of Texas, Mr.
Cummings, and Mr. Lipinski.
H.R. 3648: Mr. Martinez and Mr. Manton.
H.R. 3688: Mr. Thompson and Mr. McDermott.
H.R. 3700: Ms. Norton.
H.R. 3710: Mr. Lipinski, Mr. Faleomavaega, Mr. Jacobs, Mr.
Conyers, Mr. Peterson of Florida, Mr. McNulty, Mr. Gonzalez,
and Mr. McDermott.
H.R. 3724: Mr. Green of Texas, Mr. Lipinski, Mr. Moorhead,
and Mr. Bereuter.
H.R. 3746: Mr. Evans.
H.R. 3753: Mr. Clyburn, Mr. Frazer, Mr. Frost, Mr.
Houghton, and Mr. Leach.
H.R. 3760: Mr. Kingston, Mr. Coble, and Mr. Hobson.
H.R. 3766: Ms. Pelosi, Mr. Calvert, Mr. DeFazio, Ms.
Norton, and Mr. Sanders.
H.R. 3775: Mr. Visclosky, Mr. Bryant of Texas, Mr. Parker,
Mr. Sam Johnson, and Mr. Shaw.
H.R. 3778: Mr. Lipinski.
H.R. 3779: Mr. Waxman, Ms. Norton, Mr. Lipinski, Mr. Evans,
and Mr. Cummings.
H.J. Res. 127: Mr. Weldon of Florida and Mr. Lipinski.
H. Con. Res. 173: Mr. Davis.
H. Con. Res. 185: Mr. Stearns.
H. Res. 172: Mr. Jackson and Mr. Ehlers.
.
WEDNESDAY, JULY 17, 1996 (89)
The House was called to order by the SPEAKER.
para.89.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, July 16, 1996.
Mr. KNOLLENBERG, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. KNOLLENBERG objected to the vote on the ground that a quorum was
not present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.89.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4166. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification that the President has determined that it is in
the national interest for the Export-Import Bank to make a
loan of approximately $56 million to the People's Republic of
China (Presidential Determination Nos. 96-38 and 96-37),
pursuant to section 2(b)(2)(D)(ii) of the Export-Import Bank
Act of 1945, as amended; to the Committee on Banking and
Financial Services.
4167. A letter from the Acting Director, Office of
Management and Budget, transmit
[[Page 1508]]
ting OMB's estimate of the amount of change in outlays or
receipts, as the case may be, in each fiscal year through
fiscal year 2002 resulting from passage of H.R. 2437,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on the Budget.
4168. A letter from the Director, Office of Communications
and Legislative Affairs, Equal Employment Opportunity
Commission, transmitting the Commission's final rule--
Elementary-Secondary Staff Information Report EEO-5 (29 CFR
Part 1602) received July 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
4169. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal-Aid Project Authorization (Federal Highway
Administration) [FHWA Docket No. 94-30] (RIN: 2125-AD43)
received July 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4170. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Energy
Conservation Program for Consumer Products: Procedures for
Consideration of New or Revised Energy Conservation Standards
for Consumer Products (RIN: 1904-AA83) received July 17,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4171. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Dihydroazadirachtin;
Exemption from the Requirement of a Tolerance [FRL-5381-1]
(RIN: 2070-AB78) received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4172. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--policy regarding the release of 888 toll free
numbers corresponding to 800 toll free numbers [CC Docket No.
95-155] received July 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4173. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--implementing the statutory requirement that local
exchange carriers [LEC's] provide number portability as set
forth in Section 251 of the Telecommunications Act of 1996
[CC Docket No. 95-116] received July 12, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4174. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administrations final rule--
Antibiotic Drugs; Clarithromycin Granules for Oral Suspension
[Docket No. 96N-0117] received July 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4175. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Change Notice No. 2, NRC Enforcement
Manual, NUREG/BR-0195, Rev. 1--received July 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4176. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of the Secretary's determination and justification for
authorizing the use of $3.1 million in funds made available
for fiscal year 96 to carry out chapter 4 of part II of the
FAA and $3.9 million in funds to carry out chapter 6 of part
II of the FAA for States participating in the ECOMOG
peacekeeping mission in Liberia, pursuant to 22 U.S.C.
2261(a)(2); to the Committee on International Relations.
4177. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
4178. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting the
Department's final rule--Amendment to the List of Proscribed
Destinations [Public Notice 2407] received July 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
International Relations.
4179. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Northern Rockfish in the
Western Gulf of Alaska [Docket No. 960129018-6018-01; I.D.
071096B] received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4180. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific Ocean Perch in the
Western Regulatory Area [Docket No. 960129018-6018-01; I.D.
071096D] received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4181. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific Ocean Perch in the
Central Regulatory Area [Docket No. 960129018-6018-01; I.D.
071096H] received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4182. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific Ocean Perch in the
Eastern Regulatory Area [Docket No. 960129018-6018-01; I.D.
071096G] received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4183. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Air Brake Systems;
Long-Stroke Brake Chambers (National Highway Traffic Safety
Administration) [Docket No. 93-54, Notice 3] (RIN: 2127-AG25)
received July 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4184. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Extension of Great Lakes Load Line Certificate (U.S. Coast
Guard) [CGD 96-006] (RIN: 2115-AF29) received July 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4185. A letter from the Administrator, Small Business
Administration, transmitting a draft of proposed legislation
and section-by-section analysis to implement the President's
fiscal year 1997 Budget with respect to the programs of the
U.S. Small Business Administration; to the Committee on Small
Business.
4186. A letter from the Clerk of the House of
Representatives, transmitting the annual compilation of
personal financial disclosure statements and amendments
thereto filed with the Clerk of the House of Representatives,
pursuant to 2 U.S.C. 703(d)(1) and rule XLIV, clause 1, of
the House Rules (H. Doc. No. 104-245); to the Committee on
Standards of Official Conduct and ordered to be printed.
4187. A letter from the Chief, Forest Service, transmitting
the annual report of Forest Service accomplishments for
fiscal year 1995, pursuant to the Forest and Rangeland
Renewable Resources Planning Act [RPA] of 1974, as amended;
jointly, to the Committees on Agriculture and Resources.
para.89.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, bills of the House of the
following titles:
H.R. 1114. An Act to authorize minors who are under the
child labor provisions of the Fair Labor Standards Act of
1938 and who are under 18 years of age to load materials into
balers and compacters that meet appropriate American National
Standards Institute design safety standards; and
H.R. 3107. An Act to impose sanctions on persons making
certain investments directly and significantly contributing
to the enhancement of the ability of Iran or Libya to develop
its petroleum resources, and on persons exporting certain
items that enhance Libya's weapons or aviation capabilities
or enhance Libya's ability to develop its petroleum
resources, and for other purposes.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3107) ``An Act to impose sanctions on persons making
certain investments directly and significantly contributing to the
enhancement of the ability of Iran or Libya to develop its petroleum
resources, and on persons exporting certain items that enhance Libya's
weapons or aviation capabilities or enhance Libya's ability to develop
its petroleum resources, and for other purposes,'' requests a conference
with the House of Representatives on the disagreeing votes of the two
Houses thereon, and appoints from the Committee on Banking, Housing, and
Urban Affairs: Mr. D'Amato, Mr. Mack, and Mr. Sarbanes; and from the
Committee on Finance: Mr. Roth and Mr. Moynihan, to be the conferees on
the part of the Senate.
para.89.4 committees and subcommittees to sit
On motion of Mr. LIGHTFOOT, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Commerce, the Committee on Government Reform and Oversight, the
Committee on International Relations, the Committee on the Judiciary,
the Committee on National Security, the Committee on Resources, the
Committee on Small Business, the Committee on Transportation and
Infrastructure, and the Permanent Select Committee on Intelligence.
para.89.5 treasury and u.s. postal service appropriations
The SPEAKER pro tempore, Mr. NEY, pursuant to House Resolution 475 and
rule XXIII, declared the House resolved into the Committee of the Whole
House on the state of the Union for the further consideration of the
bill (H.R. 3756) making appropriations for the Treasury Department, the
United States Postal Service, Executive Office of the President, and
certain Inde
[[Page 1509]]
pendent Agencies, for the fiscal year ending September 30, 1997, and for
other purposes.
Mr. DREIER, Chairman of the Committee of the Whole, assumed the Chair;
and after some time spent therein,
The Committee rose informally to receive messages from the President.
The SPEAKER pro tempore, Mr. STEARNS, assumed the Chair.
para.89.6 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Edwin Thomas, one of his
secretaries.
The Committee resumed its sitting; and after some further time spent
therein,
para.89.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the preferential motion submitted by Mr. WISE that the
Committee do now rise and report the bill back to the House with the
recommendation that the enacting clause be stricken out.
It was decided in the
Yeas
182
<3-line {>
negative
Nays
233
para.89.8 [Roll No. 319]
AYES--182
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Geren
Gibbons
Green (TX)
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McHale
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOES--233
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--18
Bereuter
Berman
Browder
de la Garza
Ford
Gephardt
Goodling
Hall (OH)
Hayes
Lincoln
McDade
McDermott
Meehan
Miller (CA)
Slaughter
White
Wilson
Young (FL)
So the preferential motion was not agreed to.
After some further time,
para.89.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HOYER:
Page 73, strike lines 1 through 9 (sections 518 and 519).
It was decided in the
Yeas
184
<3-line {>
negative
Nays
238
para.89.10 [Roll No. 320]
AYES--184
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Boehlert
Bonilla
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cramer
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Ehrlich
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gilchrest
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Klug
Kolbe
Lantos
Lazio
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McInnis
McKinney
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (FL)
Minge
Mink
Molinari
Moran
Morella
Nadler
Neal
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Pryce
Rangel
Reed
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Spratt
Stark
Stokes
Studds
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
White
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zeliff
Zimmer
NOES--238
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonior
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
[[Page 1510]]
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
English
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Forbes
Fowler
Fox
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Mascara
McCollum
McCrery
McHale
McHugh
McIntosh
McKeon
McNulty
Metcalf
Mica
Moakley
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Young (AK)
NOT VOTING--11
Clayton
de la Garza
Ford
Gibbons
Hall (OH)
Lincoln
McDade
Miller (CA)
Slaughter
Wolf
Young (FL)
So the amendment was not agreed to.
para.89.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SOLOMON:
Page 119, after line 8, insert the following:
TITLE VIII--ADDITIONAL GENERAL PROVISIONS
Sec. 801. None of the funds made available in this Act may
be used to pay, draw, or transfer amounts out of accounts
numbered 20X8413, 20X6822.56, 20X6822.57, and 20X1099 at the
Financial Management Service, or pay the salary or expenses
of any officer or employee of the Department of the Treasury
approving or processing any such payment, drawing, or
transfer when it is made known to the Federal officer having
authority to obligate or expend such fund that--
(1) the amounts are being paid, transferred, or otherwise
disbursed, directly or indirectly, to or for the benefit of
the Comptroller of the Currency or any officer or employee of
the Office of the Comptroller of the Currency or to meet
expenses of the Office of the Comptroller of the Currency;
and
(2) revisions to part V of title 12 of the Code of Federal
Regulations, pursuant to the notice of proposed rulemaking
published by the Comptroller of the Currency in the Federal
Register or November 29, 1994, have, directly or indirectly,
taken effect or the Comptroller of the Currency is otherwise
permitting national banks or operating subsidiaries of
national banks to engage in activities in which national
banks are not permitted to engage as of July 16, 1996.
Yeas
107
It was decided in the
Nays
312
<3-line {>
negative
Answered present
4
para.89.12 [Roll No. 321]
AYES--107
Allard
Archer
Bateman
Bilbray
Bliley
Boehlert
Bryant (TX)
Burton
Callahan
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Condit
Costello
Crane
Cunningham
Deal
Diaz-Balart
Dingell
Doyle
Ehlers
Ensign
Evans
Ewing
Fawell
Fazio
Forbes
Franks (NJ)
Frisa
Ganske
Gejdenson
Gephardt
Gilchrest
Gillmor
Hastings (WA)
Hayes
Hayworth
Hefley
Hinchey
Holden
Horn
Hunter
Jones
Kanjorski
Kennelly
Kildee
Kim
Kingston
Klink
Leach
Lewis (CA)
Lipinski
Livingston
LoBiondo
Longley
Markey
Martini
Mascara
McCrery
McHale
McHugh
McNulty
Menendez
Metcalf
Mica
Mollohan
Montgomery
Neal
Ney
Norwood
Oberstar
Obey
Packard
Pallone
Paxon
Pomeroy
Porter
Poshard
Quillen
Quinn
Rahall
Reed
Rivers
Ros-Lehtinen
Sanders
Sanford
Saxton
Schaefer
Schumer
Sensenbrenner
Shuster
Smith (NJ)
Solomon
Stearns
Stockman
Tanner
Tate
Tauzin
Thurman
Upton
Volkmer
Walsh
Weldon (PA)
Weller
Zimmer
NOES--312
Abercrombie
Ackerman
Andrews
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Blumenauer
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Combest
Conyers
Cooley
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Danner
Davis
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dickey
Dicks
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehrlich
Engel
English
Eshoo
Everett
Farr
Fattah
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Fowler
Fox
Frank (MA)
Franks (CT)
Frelinghuysen
Frost
Funderburk
Furse
Gallegly
Gekas
Geren
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
King
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Matsui
McCarthy
McCollum
McDermott
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Meyers
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Nethercutt
Neumann
Nussle
Olver
Ortiz
Orton
Owens
Oxley
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Pryce
Radanovich
Ramstad
Rangel
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sawyer
Scarborough
Schiff
Schroeder
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Vucanovich
Walker
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
White
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Zeliff
ANSWERED ``PRESENT''--4
Bilirakis
LaHood
Myers
Traficant
NOT VOTING--10
de la Garza
Ford
Gibbons
Hall (OH)
Lincoln
McDade
Miller (CA)
Slaughter
Wolf
Young (FL)
So the amendment was not agreed to.
para.89.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment, as modified, submitted by Mr.
GUTKNECHT:
Page 119, after line 8, insert the following new section:
Sec. 701. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 1.9 percent.
[[Page 1511]]
It was decided in the
Yeas
150
<3-line {>
negative
Nays
268
para.89.14 [Roll No. 322]
AYES--150
Allard
Archer
Bachus
Baker (CA)
Barcia
Barr
Barrett (WI)
Bartlett
Barton
Bilbray
Brewster
Browder
Brownback
Bunning
Burton
Camp
Campbell
Chabot
Chapman
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Fowler
Fox
Funderburk
Gekas
Geren
Gillmor
Goodlatte
Goss
Graham
Green (TX)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hayes
Hayworth
Hefley
Heineman
Herger
Hoekstra
Holden
Hostettler
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kim
Klug
Largent
Laughlin
Lewis (KY)
Linder
Lucas
Luther
Manzullo
McHale
McInnis
McIntosh
Meehan
Metcalf
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Myrick
Neumann
Norwood
Orton
Parker
Paxon
Peterson (MN)
Petri
Pombo
Quillen
Radanovich
Ramstad
Richardson
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Skelton
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Taylor (MS)
Thornberry
Tiahrt
Torricelli
Upton
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Young (AK)
Zimmer
NOES--268
Abercrombie
Ackerman
Andrews
Armey
Baesler
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Callahan
Calvert
Canady
Cardin
Castle
Chambliss
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Forbes
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hastert
Hastings (FL)
Hastings (WA)
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHugh
McKeon
McKinney
McNulty
Meek
Menendez
Meyers
Millender-McDonald
Mink
Moakley
Molinari
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Rangel
Reed
Regula
Riggs
Rivers
Rogers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Smith (TX)
Spence
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
White
Wicker
Williams
Wise
Woolsey
Wynn
Yates
Zeliff
NOT VOTING--15
Cox
de la Garza
Ford
Hall (OH)
Johnson, E. B.
Lincoln
Livingston
McDade
Miller (CA)
Mollohan
Slaughter
Tauzin
Wilson
Wolf
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. LaHOOD, assumed the Chair.
When Mr. DREIER, Chairman, pursuant to House Resolution 475, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
On page 39, line 8 through line 10, strike the phrase ``and
of which $1,268,000 shall be obligated for drug prevention
public service announcements, and''
On page 39, line 18, insert after the colon: ``Provided
further, That $2,500,000 of the funds available for the
salaries and expenses of the Office of National Drug Control
Policy may not be obligated until the Director reaches
agreement with the House and Senate Committees on
Appropriations on a final fiscal year 1997 organizational
plan:''
Page 118, after line 16, insert the following new section:
Sec. 637. For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), no adjustment under section 5303 of title 5,
United States Code, shall be considered to have taken effect
in fiscal year 1997 in the rates of basic pay for the
statutory pay systems.
Page 118, after line 16, insert the following new section:
Sec. 637. (a) For purposes of this section, the term
``political appointee'' means any individual who--
(1) is employed in a position listed in sections 5312
through 5316 of title 5, United States Code (relating to the
Executive Schedule);
(2) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service, as defined under section 3132(a) (5), (6), and (7)
of title 5, United States Code, respectively; or
(3) is employed in a position in the executive branch of
the Government under schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations.
(b) The President, acting through the Office of Management
and Budget and the Office of Personnel Management, shall take
such actions as necessary (including reduction-in-force
actions under procedures consistent with those established
under section 3595 of title 5, United States Code) to ensure
that the number of political appointees shall not, during any
fiscal year beginning after September 30, 1997, exceed a
total of 2,300 (determined on a full-time equivalent basis).
Page 16, line 19, strike the second semicolon and insert
the following: ``(increased by $500,000) (reduced by
$500,000);''.
Page 24, after line 3, insert the following new section:
Sec. 105. The Internal Revenue Service shall contract with
an independent accounting firm to determine the revenue
losses (if any) which would result from implementing H.R.
2450, as introduced in the 104th Congress.
Page 4, beginning on line 1, strike ``and Internal Audit of
the Internal Revenue Service''.
Page 4, line 5, strike ``and the internal'' and all that
follows through ``Inspector General'' on line 8.
Page 4, line 14, strike ``and of which'' and all that
follows through line 19, and insert ``$29,319,000.''.
Page 20, line 23, strike ``$1,616,379,000'' and insert
``$1,722,985,000''.
in title V, insert the following section:
SEC. 525A. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF
THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Authority.--The United States Agency for International
Development is authorized to offer voluntary separation
incentive payments to more than 100 of its employees in
accordance with section 525 of this Act.
(b) Exception.--Section 525(a)(2)(A) of this Act shall not
apply to an employee of the United States Agency for
International Development who, upon separation and
application, would be eligible for an immediate annuity under
sections 8336(d)(2) and 8414(b)(1)(B) of title 5, United
States Code.
(c) Effective Date.--This section shall take effect on the
date of enactment of this Act.
Page 79, line 4, strike ``February 1, 1997'' and insert
``March 31, 1997''.
Page 119, after line 8, insert the following new title:
TITLE VIII--ADDITIONAL GENERAL PROVISIONS
Sec. 801. None of the funds appropriated by this Act shall
be available to pay any amount to, or to pay the
administrative expenses in connection with, any health plan
under the Federal employees health benefit program, when it
is made known to the Federal official having authority to
obligate or expend such funds that such health plan operates
a health care provider incentive plan that does not meet the
requirements of section 1876(i)(8)(A) of the Social Security
Act (42 U.S.C. 1395mm(i)(8)(A)) for physician in
[[Page 1512]]
centive plans in contracts with eligible organizations under
section 1876 of such Act.
On Page 16, line 19 of the bill, after the dollar amount,
insert the following: ``(reduced by $2,000,000)''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. HOYER moved to recommit the bill to the Committee on
Appropriations.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the nays had it.
So the motion to recommit was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
215
<3-line {>
affirmative
Nays
207
para.89.15 [Roll No. 323]
YEAS--215
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coburn
Collins (GA)
Combest
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Parker
Paxon
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (AK)
Zeliff
NAYS--207
Abercrombie
Ackerman
Allard
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Chenoweth
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Coyne
Cummings
Danner
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Funderburk
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefley
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Scarborough
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Solomon
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--11
Bono
de la Garza
Ford
Hall (OH)
Lincoln
McDade
Miller (CA)
Packard
Slaughter
Wolf
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.89.16 h.r. 3166--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3166) to amend title 18, United States Code,
with respect to the crime of false statement in a Government matter; as
amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. LaHOOD, announced that two-thirds of
those present had voted in the affirmative.
Mr. McCOLLUM demanded a recorded vote on the motion to suspend the
rules and pass said bill, as amended, which demand was supported by one-
fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
417
<3-line {>
affirmative
Nays
6
para.89.17 [Roll No. 324]
AYES--417
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
[[Page 1513]]
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zeliff
Zimmer
NOES--6
Conyers
McIntosh
Myers
Quillen
Waters
Young (AK)
NOT VOTING--10
de la Garza
Ford
Hall (OH)
Lincoln
McDade
Miller (CA)
Packard
Slaughter
Wolf
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.89.18 h.r. 3161--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3161) to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment) to the
products of Romania.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
334
<3-line {>
affirmative
Nays
86
para.89.19 [Roll No. 325]
YEAS--334
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chapman
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Danner
Davis
DeFazio
DeLay
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Dreier
Dunn
Durbin
Edwards
Ehlers
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Greenwood
Gunderson
Gutierrez
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Heineman
Herger
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McKeon
McNulty
Meehan
Meek
Metcalf
Meyers
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Spence
Stark
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Towns
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Ward
Waters
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--86
Allard
Baker (CA)
Ballenger
Barcia
Barr
Bonior
Brown (OH)
Bunning
Burr
Chambliss
Chenoweth
Chrysler
Coble
Coburn
Collins (GA)
Cooley
Cox
Cubin
Cunningham
Deal
DeLauro
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Duncan
Ehrlich
Everett
Fowler
Frank (MA)
Frelinghuysen
Funderburk
Graham
Green (TX)
Gutknecht
Hancock
Hefley
Hefner
Hilleary
Hinchey
Hostettler
Hunter
Inglis
Johnson, Sam
Jones
Kanjorski
Kingston
Klink
Lewis (GA)
Lipinski
Longley
McInnis
McIntosh
McKinney
Menendez
Mica
Morella
Murtha
Pallone
Pombo
Radanovich
Rohrabacher
Ros-Lehtinen
Rose
Sanders
Sanford
Scarborough
Schaefer
Seastrand
Shays
Smith (NJ)
Smith (WA)
Souder
Spratt
Stearns
Stockman
Taylor (MS)
Taylor (NC)
Tiahrt
Torricelli
Traficant
Wamp
Watt (NC)
Watts (OK)
Weller
NOT VOTING--13
de la Garza
Ford
Greene (UT)
Hall (OH)
Lincoln
McDade
Miller (CA)
Molinari
Packard
Slaughter
Solomon
Wolf
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the votes whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.89.20 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the further unfinished business to be the question on agreeing
to
[[Page 1514]]
the Chair's approval of the Journal of Wednesday, July 16, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
So the Journal was approved.
para.89.21 providing for the consideration of h.r. 3814
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 479):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3814) making appropriations for the
Departments of Commerce, Justice, and State, the Judiciary,
and related agencies for the fiscal year ending September 30,
1997, and for other purposes. The first reading of the bill
shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(1)(6) of rule XI or clause 7 of rule XXI are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Appropriations. After general debate the bill shall be
considered for amendment under the five-minute rule. Before
consideration of any other amendment it shall be in order to
consider the amendment printed in the report of the Committee
on Rules accompanying this resolution, if offered by
Representative Rogers of Kentucky or his designee. That
amendment shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole. All points of order against that amendment are
waived. If that amendment is adopted, the bill, as amended,
shall be considered as the original bill for the purpose of
further amendment. Points of order against provisions in the
bill for failure to comply with clause 2 or 6 of rule XXI are
waived except as follows: (1) under the Department of
Commerce, Science and Technology, the National Institute of
Standards and Technology, the matter under the heading
``Industrial Technology Services'' that begins with ``In
addition'' and continues through `` `Working Capital Fund'
''; and (2) under the Department of Commerce, the heading
``Technology Administration'' and the matter thereunder.
Where points of order are waived against part of a paragraph,
points of order against a provision in another part of such
paragraph may be made only against such provision and not
against the entire paragraph. During consideration of the
bill for further amendment, the Chairman of the Committee of
the Whole may accord priority in recognition on the basis of
whether the Member offering an amendment has caused it to be
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Amendments so
printed shall be considered as read. The Chairman of the
Committee of the Whole may postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment. The Chairman of the
Committee of the Whole may reduce to not less than five
minutes the time for voting by electronic device on any
postponed question that immediately follows another vote by
electronic device without intervening business: Provided,
That the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or a
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Ms. PRYCE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.89.22 order of business--consideration of amendment-- h.r. 3814
On motion of Ms. PRYCE, by unanimous consent,
Ordered, That during consideration of the bill (H.R. 3814) making
appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30,
1997, and for other purposes, in the Committee of the Whole pursuant to
House Resolution 479, it may be in order immediately after disposition
of the first amendment made in order by House Resolution 479, and
without intervention of any point of order, to consider the amendment
relating to the Advanced Technology Program amendment, if offered by Mr.
Rogers; and if said amendment is adopted, then points of order under
clauses 2 and 6 of rule XXI shall be waived for all provisions of the
bill, as amended.
para.89.23 message from the president--mfn status with respect to
bulgaria
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
On June 3, 1993, I determined and reported to the Congress that
Bulgaria is in full compliance with the freedom of emigration criteria
of sections 402 and 409 of the Trade Act of 1974. This action allowed
for the continuation of most-favored-nation (MFN) status for Bulgaria
and certain other activities without the requirement of a waiver.
As required by law, I am submitting an updated report to the Congress
concerning emigration laws and policies of the Republic of Bulgaria. The
report indicates continued Bulgarian compliance with U.S. and
international standards in the area of emigration policy.
William J. Clinton.
The White House, July 17, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 104-246).
para.89.24 message from the president--arms proliferation policy
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
As required by section 1601(d) of Public Law 103-160 (the ``Act'') I
transmit herewith the report of the President's Advisory Board on Arms
Proliferation Policy. The Board was established by Executive Order 12946
(January 20, 1995), pursuant to section 1601(c) of the Act.
William J. Clinton.
The White House, July 17, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations.
para.89.25 safe drinking water
On motion of Mr. BLILEY, by unanimous consent, the bill of the Senate
(S. 1316) to authorize and amend title XIV of the Public Health Service
Act (commonly known as the ``Safe Drinking Water Act''), and for other
purposes; was taken from the Speaker's table.
When said bill was considered and read twice.
Mr. BLILEY submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the text of H.R.
3604, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
amend title XIV of the Public Health Service Act (the ``Safe Drinking
Water Act'') and for other purposes.''.
A motion to reconsider the vote whereby said bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
When on motion of Mr. BLILEY, it was,
Resolved, That the House insist upon its amendments and request a
conference with the Senate on the disagreeing votes of the two Houses
thereon.
para.89.26 motion to instruct conferees--s. 1316
Mr. STUPAK moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on S. 1316, be
instructed to insist upon the provisions contained in section 506 of the
House amendment.
After debate,
By unanimous consent, the previous question was ordered on the motion
to
[[Page 1515]]
instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.89.27 appointment of conferees-- S. 1316
Thereupon, the SPEAKER pro tempore, Mr. BARRETT of Nebraska, by
unanimous consent, appointed the following Members as managers on the
part of the House at said conference:
From the Committee on Commerce, for consideration of the Senate bill
(except for sections 28(a) and 28(e)) and the House amendment (except
for title V), and modifications committed to conference: Messrs. Bliley,
Bilirakis, Crapo, Bilbray, Dingell, Waxman, and Stupak.
From the Committee on Commerce, for consideration of sections 28(a)
and 28(e) of the Senate bill, and modifications committed to conference:
Messrs. Bliley, Bilirakis, and Dingell.
As additional conferees from the Committee on Science, for
consideration of that portion of section 3 that adds a new section 1478
and sections 23, 25(f), and 28(f) of the Senate bill, and that portion
of section 308 that adds a new section 1452(n) and section 402 and title
VI of the House amendment, and modifications committed to conference:
Messrs. Walker, Rohrabacher, and Roemer.
As additional conferees from the Committee on Transportation and
Infrastructure, for the consideration of that portion of section 3 that
adds a new section 1471(c) and sections 9, 17, 22(d), 25(a), 25(g),
28(a), 28(e), 28(h), and 28(i) of the Senate bill, and title V of the
House amendment and modifications committed to conference: Messrs.
Shuster, Boehlert, Wamp, Borski, and Menendez, provided, Mr. Blute is
appointed in lieu of Mr. Wamp for consideration of title V of the House
amendment.
Ordered, That the Clerk notify the Senate thereof.
para.89.28 dod authorization
On motion of Mr. WELDON of Pennsylvania, by unanimous consent, the
bill (H.R. 3230) to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1997, and for other purposes;
together with the amendments of the Senate thereto, was taken from the
Speaker's table.
When on motion of Mr. WELDON of Pennsylvania, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
para.89.29 motion to instruct conferees--h.r. 3230
Mr. DELLUMS moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3230 be
instructed to insist upon (1) a total level of funding for operations
and maintenance not less than the total of the amounts provided in
section 301 of the House bill; (2) a level of funding for military
personnel not less than the amount provided in section 421 of the House
bill; and (3) a total level of funding for military construction and
military family housing not less than the total of the amounts provided
in division B of the House bill.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.89.30 providing for a closed conference--h.r. 3230
Mr. WELDON of Pennsylvania moved, pursuant to clause 6(a) of rule
XXVIII, that the conference committee meetings between the House and the
Senate on the bill (H.R. 3230) to authorize appropriations for fiscal
year 1997 for military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 1997, and for
other purposes; be closed to the public at such times as classified
national security information is under consideration; Provided, however,
That any sitting Member of Congress shall have a right to attend any
closed or open meeting.
The question being put,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that a
roll call was required under clause 6, rule XXVIII, and the call was
taken by electronic device.
It was decided in the
Yeas
412
<3-line {>
affirmative
Nays
3
para.89.31 [Roll No. 326]
YEAS--412
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
[[Page 1516]]
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NAYS--3
DeFazio
Stark
Waters
NOT VOTING--18
Chapman
de la Garza
Durbin
Geren
Hall (OH)
Hunter
Lincoln
McDade
Miller (CA)
Murtha
Packard
Rose
Slaughter
Stupak
Wilson
Wolf
Yates
Young (FL)
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.89.32 order of business--consideration of h.r. 3734
On motion of Mr. HOBSON, by unanimous consent,
Ordered, That it may be in order at any time for the Speaker, pursuant
to clause 1(b) of rule XXIII, to declare the House resolved into the
Committee of the Whole House on the state of the Union for consideration
of the bill (H.R. 3734) to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget for fiscal
year 1997; that the first reading of the bill be dispensed with; that
all points of order against consideration of the bill be waived; that
general debate be confined to the bill and be limited to two hours,
equally divided and controlled by the chairman and ranking minority
member of the Committee on the Budget; that after general debate the
Committee of the Whole rise without motion; and that no further
consideration of the bill be in order except pursuant to a subsequent
order of the House.
para.89.33 hour of meeting
On motion of Mr. HOBSON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
9:00 o'clock a.m. on Thursday, July 18, 1996.
para.89.34 budget reconciliation
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, pursuant to the
special order of the House heretofore agreed to and rule XXIII, declared
the House resolved into the Committee of the Whole House on the state of
the Union for the consideration of the bill (H.R. 3734) to provide for
reconciliation pursuant to section 201(a)(1) of the concurrent
resolution on the budget for fiscal year 1997.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, by unanimous
consent, designated Ms. GREENE as Chairman of the Committee of the
Whole; and after some time spent therein,
The SPEAKER pro tempore, Mr. HAYWORTH, assumed the Chair.
When Ms. GREENE, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.89.35 appointment of conferees--h.r. 3230
The SPEAKER pro tempore, Mr. HAYWORTH, by unanimous consent, appointed
the following Members as managers on the part of the House to the
conference with the Senate on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 3230) to authorize
appropriations for fiscal year 1997 for military activities of the
Department of Defense, to prescribe military personnel strengths for
fiscal year 1997, and for other purposes:
From the Committee on National Security, for consideration of the
House bill and the Senate amendment, and modifications committed to
conference: Messrs. Spence, Stump, Hunter, Kasich, Bateman, Hansen,
Weldon of Pennsylvania, Hefley, Saxton, Cunningham, Buyer, Torkildsen,
Mrs. Fowler, Messrs. McHugh, Talent, Watts of Oklahoma, Hostettler,
Chambliss, Hilleary, Hastings of Washington, Dellums, Montgomery, Mrs.
Schroeder, Messrs. Skelton, Sisisky, Spratt, Ortiz, Pickett, Evans,
Tanner, Browder, Taylor of Mississippi, Tejeda, McHale, Kennedy of Rhode
Island, and DeLauro.
As additional conferees from the Permanent Select Committee on
Intelligence, for consideration of matters within the jurisdiction of
that committee under clause 2 of rule XLVIII: Messrs. Combest, Lewis of
California, and Dicks.
As additional conferees from the Committee on Banking and Financial
Services, for consideration of sections 1085 and 1089 of the Senate
amendment, and modifications committed to conference: Messrs. Castle,
Bachus, and Gonzalez.
As additional conferees from the Committee on Commerce, for
consideration of sections 601, 741, 742, 2863, 3154, and 3402 of the
House bill, and sections 345-347, 561, 562, 601, 724, 1080, 2827, 3175,
and 3181-91 of the Senate amendment, and modifications committed to
conference: Messrs. Bliley, Bilirakis, and Dingell.
Provided that Mr. Richardson is appointed in lieu of Mr. Dingell and
Mr. Schaefer is appointed in lieu of Mr. Bilirakis for consideration of
sections 3181-91 of the Senate amendment.
Provided that Mr. Oxley is appointed in lieu of Mr. Bilirakis for the
consideration of section 3154 of the House bill, and sections 345-347
and 3175 of the Senate amendment.
Provided that Mr. Schaefer is appointed in lieu of Mr. Bilirakis for
the consideration of sections 2863 and 3402 of the House bill, and
section 2827 of the Senate amendment.
As additional conferees from the Committee on Economic and
Educational Opportunities, for consideration of sections 572, 1086, and
1122 of the Senate amendment, and modifications committed to
conference: Messrs. Goodling, McKeon, and Clay.
As additional conferees from the Committee on Government Reform and
Oversight, for consideration of sections 332-36, 362, 366, 807, 821-25,
1047, 3523-39, 3542, and 3548 of the House bill, and sections 636,
809(b), 921, 924-25, 1081, 1082, 1101, 1102, 1104, 1105, 1109-1134,
1401-34, and 2826 of the Senate amendment, and modifications committed
to conference: Mr. Clinger, Mr. Mica, and Mrs. Collins of Illinois.
Provided that Mr. Horn is appointed in lieu of Mr. Mica for
consideration of sections 362, 366, 807, and 821-25 of the House bill,
and sections 890(b), 1081, 1401-34, and 2826 of the Senate amendment.
Provided that Mr. Zeliff is appointed in lieu of Mr. Mica for
consideration of section 1082 of the Senate amendment.
As additional conferees from the Committee on International
Relations, for consideration for sections 233-234, 237, 1041, 1043,
1052, 1101-05, 1301, 1307, 1501-53 of the House bill, and sections 234,
1005, 1021, 1031, 1041-43, 1045, 1323, 1332-35, 1337, 1341-44, and
1352-54 of the Senate amendment, and modifications committed to
conference: Messrs. Gilman, Bereuter, and Hamilton.
As additional conferees from the Committee on the Judiciary, for
consideration of sections 537, 543, 1066, 1080, 1088, 1201-16, and 1313
of the Senate amendment, and modifications committed to conference:
Messrs. Hyde, McCollum, and Conyers.
Provided that Mr. Moorhead is appointed in lieu of Mr. McCollum for
consideration of sections 537 and 1080 of the Senate amendment.
Provided that Mr. Smith of Texas is appointed in lieu of Mr. McCollum
for consideration of sections 1066 and 1201-16 of the Senate amendment.
As additional conferees from the Committee on Resources, for
consideration of sections 247, 601, 2821, 1401-14, 2901-13, and 2921-31
of the House bill, and sections 251-52, 351, 601, 1074, 2821, 2836, and
2837 of the Senate amendment, and modifications committed to
conference: Messrs. Hansen, Saxton, and Miller of California.
As additional conferees from the Committee on Science, for
consideration of sections 203, 211, 245, and 247 of the House bill, and
sections 211 and 251-52 of the Senate amendment, and modifications
committed to conference: Mr. Walker, Mr. Sensenbrenner, and Ms. Harman.
As additional conferees from the Committee on Transportation and In
[[Page 1517]]
frastructure, for consideration of sections 324, 327, 501, and 601 of
the House bill, and sections 345-348, 536, 601, 641, 1004, 1009-1010,
1311, 1314, and 3162 of the Senate amendment, and modifications
committed to conference: Messrs. Shuster, Coble, and Barcia.
As additional conferees from the Committee on Veterans' Affairs, for
consideration of sections 556, 638, and 2821 of the House bill, and
sections 538 and 2828 of the Senate amendment, and modifications
committed to conference: Messrs. Stump, Smith of New Jersey, and
Montgomery.
As additional conferees from the Committee on Ways and Means, for
consideration of sections 905, 1041(c)(2), 1550(a)(2), and 3313 of the
House bill, and sections 1045(c)(2), 1214 and 1323 of the Senate
amendment, and modifications committed to conference: Messrs. Crane,
Thomas, and Gibbons.
Ordered, That the Clerk notify the Senate thereof.
para.89.36 providing for the consideration of h.r. 3820
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-685) the resolution (H. Res. 481) providing for consideration of
the bill (H.R. 3820) to amend the Federal Election Campaign Act of 1971
to reform the financing of Federal election campaigns, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.89.37 providing for the further consideration of h.r. 3734
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-686) the resolution (H. Res. 482) providing for further
consideration of the bill (H.R. 3734) to provide for reconciliation
pursuant to section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.89.38 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 248. An Act to amend the Public Health Service Act to
provide for the conduct of expanded studies and the
establishment of innovative programs with respect to
traumatic brain injury, and for other purposes.
para.89.39 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 248. An Act to amend the Public Health Service Act to
provide for the conduct of expanded studies and the
establishment of innovative programs with respect to
traumatic brain injury, and for other purposes.
para.89.40 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. SLAUGHTER, for today; and
To Mr. WOLF, for today after 2 p.m.
And then,
para.89.41 adjournment
On motion of Mr. KINGSTON, pursuant to the special order heretofore
agreed to, at 11 o'clock and 27 minutes p.m., the House adjourned until
9:00 o'clock a.m. on Thursday, July 18, 1996.
para.89.42 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 3215. A bill to
amend title 18, United States Code, to repeal the provision
relating to Federal employees contracting or trading with
Indians [Rept. No. 104-681). Referred to the Committee of the
Whole House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3159. A bill to amend title 49, United
States Code, to authorize appropriations for fiscal years
1997, 1998, and 1999 for the National Transportation Safety
Board, and for other purposes; with an amendment [Rept. No.
104-682). Referred to the Committee of the Whole House on the
State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3267. A bill to amend title 49, United
States Code, to prohibit individuals who do not hold a valid
private pilots certificate from manipulating the controls of
aircraft in an attempt to set a record or engage in an
aeronautical competition or aeronautical feat, and for other
purposes [Rept. No. 104-683). Referred to the Committee of
the Whole House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3536. A bill to amend title 49, United
States Code, to require an air carrier to request and receive
certain records before allowing an individual to begin
service as a pilot, and for other purposes; with an amendment
[Rept. No. 104-684). Referred to the Committee of the Whole
House on the State of the Union.
Mr. SOLOMON: Committee on Rules. House Resolution 481.
Resolution providing for consideration of the bill (H.R.
3820) to amend the Federal Election Campaign Act of 1971 to
reform the financing of Federal election campaigns, and for
other purposes (Rept. No. 104-685). Referred to the House
Calendar.
Mr. GOSS: Committee on Rules. House Resolution 482.
Resolution providing for further consideration of the bill
(H.R. 3734) to provide for reconciliation pursuant to section
201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997 (Rept. No. 104-686). Referred to the House
Calendar.
para.89.43 public bills and resolutions
Under clause 5 or rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. KASICH:
H.R. 3829. A bill to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997; to the Committee on the Budget, and in
addition to the Committees on Agriculture, Commerce, Economic
and Educational Opportunities, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FILNER (for himself, Ms. McKinney, Mrs. Clayton,
Mr. Clyburn, Mr. Conyers, Mr. Dellums, Mr. Dixon, Mr.
Fields of Louisiana, Mr. Flake, Mr. Ford, Mr.
Jackson, Ms. Jackson-Lee, Mr. Lewis of Georgia, Ms.
Norton, Mr. Payne of New Jersey, Mr. Rush, Mr. Scott,
Mr. Thompson, Mr. Towns, Ms. Waters, Mr. Wynn, and
Mr. Bishop):
H.R. 3830. A bill to prohibit insurers from canceling or
refusing to renew fire insurance policies covering houses of
worship and related support structures, and for other
purposes; to the Committee on Commerce, and in addition to
the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DeFAZIO (for himself, Mr. Lipinski, and Mr.
Costello):
H.R. 3831. A bill to amend title 49, United States Code, to
ensure that the primary duty of the Administrator of the
Federal Aviation Administration is to enhance the safety and
security of the commercial civil aviation industry; to the
Committee on Transportation and Infrastructure.
By Mr. TANNER (for himself and Mr. Castle):
H.R. 3832. A bill to restore the American family, enhance
support and work opportunities for families with children,
reduce out-of-wedlock pregnancies, reduce welfare dependence,
and control welfare spending; to the Committee on Ways and
Means, and in addition to the Committee on Agriculture,
Commerce, Economic and Educational Opportunities, Government
Reform and Oversight, Banking and Financial Services, the
Judiciary, and the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. DICKS:
H.R. 3833. A bill to amend the Violent Crime Control and
Law Enforcement Act of 1994 to allow certain grant funds to
be used to provide parent education; to the Committee on the
Judiciary, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. FLANAGAN (for himself, Mrs. Collins of Illinois,
Mr. Costello, Mr. Crane, Mr. Durbin, Mr. Evans, Mr.
Ewing, Mr. Fawell, Mr. Gutierrez, Mr. Hastert, Mr.
Hyde, Mr. Jackson, Mr. LaHood, Mr. Lipinski, Mr.
McHugh, Mr. Manzullo, Mr. Porter, Mr. Poshard, Mr.
Rush, Mr. Weller, and Mr. Yates):
H.R. 3834. A bill to redesignate the Dunning Post Office in
Chicago, IL, as the ``Roger P. McAuliffe Post Office''; to
the Committee on Government Reform and Oversight.
By Mr. HOLDEN:
H.R. 3835. A bill to amend title II of the Social Security
Act to provide that a monthly insurance benefit thereunder
shall be paid for the month in which the recipient dies,
subject to a reduction of 50 percent if the recipient dies
during the first 15 days of such month, and for other
purposes; to the Committee on Ways and Means.
[[Page 1518]]
By Ms. ROYBAL-ALLARD (for herself and Ms. Woolsey):
H.R. 3836. A bill to amend the Internal Revenue Code of
1986 to allow a small business family and medical leave
credit and a credit for wages paid to employees who are
allowed to shift hours of employment or work at home in order
to reduce child care needs; to the Committee on Ways and
Means.
By Ms. ROYBAL-ALLARD (for herself, Ms. Woolsey, and Ms.
Norton):
H.R. 3837. A bill to provide unemployment insurance and
leave from employment to battered women; to the Committee on
Ways and Means, and in addition to the Committees on Economic
and Educational Opportunities, Government Reform and
Oversight, and House Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STEARNS:
H.R. 3838. A bill to amend title 18, United States Code, to
provide a national standard in accordance with which
nonresidents of a State may carry certain concealed firearms
in the State, and to exempt qualified current and former law
enforcement officers from State laws prohibiting the carrying
of concealed handguns; to the Committee on the Judiciary.
By Mr. BORSKI (for himself, Mr. Martini, Mr. English of
Pennsylvania, Mr. Diaz-Balart, Mr. Quinn, Mr. Filner,
Mr. Nadler, Ms. Kaptur, Mr. Foglietta, Mr. Fattah,
Mrs. Meek of Florida, Mr. Durbin, Mr. Ney, Mr.
Holden, Mr. Andrews, Mr. Metcalf, Mr. DeFazio, Mr.
King, and Mr. Frost):
H.R. 3839. A bill to terminate the effectiveness of certain
amendments to the foreign repair station rules of the Federal
Aviation Administration, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. KASICH (for himself, Mrs. Thurman, Mr. Dreier,
Mr. Miller of California, Ms. Pryce, Mr. Gillmor, Mr.
Walker, Mr. Inglis of South Carolina, Mr. Condit, Mr.
Smith of Michigan, Mr. Hobson, Mr. Chrysler, Mr.
Miller of Florida, Mr. Shaw, Mr. McCollum, and Mr.
Largent):
H.R. 3840. A bill to empower States with authority for most
taxing and spending for highway programs and mass transit
programs, and for other purposes; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. MICA (for himself, Mr. Moran, and Mrs. Morella):
H.R. 3841. A bill to amend the civil service laws of the
United States, and for other purposes: to the Committee on
Government Reform and Oversight.
By Mrs. Thurman (for herself, Mr. Bilirakis, Ms. Brown
of Florida, Mr. Canady, Mr. Deutsch, Mr. Diaz-Balart,
Mr. Gibbons, Mr. Foley, Mr. Hastings of Florida, Mrs.
Meek of Florida, Mr. Miller of Florida, Mr. Peterson
of Florida, Mr. Scarborough, Mr. Shaw, Mr. Mica, Mr.
McCollum, Mr. Stearns, Ms. Ros-Lehtinen, Mr. Bachus,
Mr. Bevill, Mr. Bonior, Mr. Borski, Mr. Browder, Mr.
Callahan, Mr. Clement, Miss Collins of Michigan, Mr.
Combest, Mr. Conyers, Mr. Cramer, Mr. Dooley, Mr.
Doyle, Mr. English of Pennsylvania, Mr. Everett, Mr.
Fazio of California, Mr. Frank of Massachusetts, Mr.
Frost, Ms. Harman, Mr. Holden, Ms. Jackson-Lee, Mr.
Jefferson, Mr. Johnston of Florida, Mr. Kanjorski,
Ms. Kaptur, Mr. Klink, Mr. Mascara, Mr. Meehan, Mr.
Moakley, Mr. Moran, Mr. Murtha, Mr. Neal of
Massachusetts, Mr. Olver, Mr. Payne of Virginia, Ms.
Rivers, Mr. Smith of Michigan, Mr. Stenholm, Mr.
Studds, Mr. Stupak, and Mr. Tanner):
H.R. 3842. A bill to amend the Internal Revenue Code of
1986 to provide an exemption from income taxation for
qualified State tuition programs; to the Committee on Ways
and Means.
By Mr. UNDERWOOD (for himself, Mr. Gephardt, Mr.
Bonior, Mr. Funderburk, Mr. Lantos, Mr. Berman, Mr.
Richardson, Mr. Ackerman, Mr. Evans, Mr. Abercrombie,
Mr. Moran, Mr. Manton, Mr. Torres, Ms. Lofgren, Mr.
Traficant, Mr. Hilliard, Mr. Frazer, Mr. Kennedy of
Massachusetts, Mr. Schumer, Mr. Faleomavaega, Mr.
Towns, Mr. Spratt, Mr. Romero-Barcelo, Mr. Filner,
Mr. Yates, Mr. DeFazio, Mr. Hinchey, Mr. Sanders, Ms.
Kaptur, Mr. Fattah, Mr. Lipinski, Mr. Watt of North
Carolina, Mr. Meehan, Ms. Velazquez, Ms. Roybal-
Allard, and Mr. Holden):
H.R. 3843. A bill to amend title 10, United States Code, to
prohibit the Defense Commissary Agency and nonappropriated
fund instrumentalities of the Department of Defense from
purchasing imported consumer items to be sold in commissary
or exchange stores when such consumer items are not produced
in conformity with minimum labor standards; to the Committee
on National Security.
para.89.44 private bills and resolutions
Under clause 1 of rule XXII,
Mr. ROSE introduced a bill (H.R. 3844) for the relief of
the estate of William R. Holden and the estate of John Davis;
which was referred to the Committee on the Judiciary.
para.89.45 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 78: Mr. Baker of California, Mr. Coburn, and Mr.
Thornberry.
H.R. 104: Ms. Woolsey and Mr. Hayworth.
H.R. 303: Mr. Abercrombie.
H.R. 801: Mr. King.
H.R. 938: Mr. Abercrombie.
H.R. 1010: Mr. Markey.
H.R. 1078: Mr. Durbin.
H.R. 1127: Mr. Faleomavaega.
H.R. 1846: Mr. Gejdenson.
H.R. 2211: Mr. Lewis of Georgia.
H.R. 2270: Mr. Dickey and Mr. Hancock.
H.R. 2682: Mr. Franks of New Jersey.
H.R. 2834: Mr. Cummings.
H.R. 2867: Mr. Hutchinson and Mr. Tate.
H.R. 2912: Mr. Green of Texas, Ms. Ros-Lehtinen, Ms.
Norton, and Mr. Diaz-Balart.
H.R. 2930: Mr. LaHood.
H.R. 2976: Mr. Collins of Georgia.
H.R. 3006: Ms. Woolsey.
H.R. 3199: Mrs. Roukema and Mr. Talent.
H.R. 3202: Ms. McKinney, Mr. Sanders, Mr. Stark, and Mr.
Lewis of Georgia.
H.R. 3207: Mr. Neal of Massachusetts, Mr. Herger, Mr.
McInnis, and Mr. Sabo.
H.R. 3212: Mr. Graham.
H.R. 3234: Mr. McCollum and Mr. Stump.
H.R. 3266: Mr. Pomeroy, Mr. Levin, Mr. Kildee, Mr. Dingell,
and Ms. Rivers.
H.R. 3331: Mr. Filner, Mr. Rahall, Mr. Coyne, and Mr.
Waxman.
H.R. 3332: Mr. Green of Texas.
H.R. 3355: Mr. Gutierrez, Mr. Holden, and Mr. Olver.
H.R. 3427: Mr. Dornan and Mr. Wamp.
H.R. 3463: Mr. Engel and Mr. Ackerman.
H.R. 3480: Mr. Gutknecht and Mr. Souder.
H.R. 3487: Mrs. Clayton, Mr. Gejdenson, Mr. Deutsch, Mr.
Torkildsen, Mrs. Seastrand, Mr. Beilenson, Mr. Gilchrest, Mr.
Faleomavaega, Mr. Longley, Mr. Campbell, Mr. Canady, Ms.
Woolsey, Mr. Porter, Mr. Riggs, Mr. Goss, Mr. Jones, and Mr.
Gallegly.
H.R. 3505: Mr. Johnson of South Dakota.
H.R. 3537: Mr. Kennedy of Rhode Island and Mr. Farr.
H.R. 3564: Mr. Fawell.
H.R. 3577: Mr. Stearns.
H.R. 3587: Mr. Jackson.
H.R. 3619: Mr. Farr and Mrs. Seastrand.
H.R. 3621: Mr. Menendez, Mr. Zimmer, Mrs. Kelly, and Mr.
McNulty.
H.R. 3696: Mr. Nethercutt and Mr. Zeliff.
H.R. 3708: Mr. Torricelli, Mr. Green of Texas, Mr. Frost,
and Mr. Yates.
H.R. 3729: Mrs. Thurman, Mr. Frost, and Mr. Lipinski.
H.R. 3752: Mr. Nethercutt, Mr. Bono, Mrs. Chenoweth, Mr.
Miller of Florida, Mr. Herger, Mrs. Vucanovich, Mr.
Hostettler, Mr. Barr, and Mr. Stockman.
H.R. 3757: Mr. Manton.
H.R. 3787: Mr. Olver.
H.R. 3794: Mr. Skelton and Mr. Hutchinson.
H.R. 3797: Mrs. Kelly.
H.J. Res. 114: Mr. Owens.
H. Con. Res. 190: Mrs. Thurman, Ms. Eshoo, Mr. Foglietta,
Mr. Clyburn, Mr. Hoke, Mr. Lewis of Georgia, Mr. Waxman, Mr.
Olver, Mr. Weldon of Florida, Mr. Martinez, Mr. Torres, Mr.
Gallegly, and Mr. Yates.
H. Con. Res. 196: Mr. Green of Texas, Mr. Lipinski, and Mr.
Deal of Georgia.
H. Res. 39: Mr. Torricelli, Mr. Brown of California, Mrs.
Meyers of Kansas, and Mr. Fawell.
H. Res. 286: Mrs. Thurman.
H. Res. 452: Mr. Filner and Ms. Roybal-Allard.
H. Res. 480: Mr. Hayworth.
para.89.46 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 359: Mr. Bevill.
H.R. 3505: Mr. Peterson of Minnesota.
.
THURSDAY, JULY 18, 1996 (90)
para.90.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. KOLBE,
who laid before the House the following communication:
Washington, DC,
July 18, 1996.
I hereby designate the Honorable Jim Kolbe to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.90.2 approval of the journal
The SPEAKER pro tempore, Mr. KOLBE, announced he had examined and
approved the Journal of the proceedings of Wednesday, July 17, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.90.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
[[Page 1519]]
4188. A letter from the Acting Director, the Office of
Management and Budget, transmitting a report on revised
estimates of the budget receipts, outlays, and budget
authority for fiscal years 1996 through 2002 and other
summary information required by statute--received in the U.S.
House of Representatives July 16, 1996, pursuant to 31 U.S.C.
1106(a) (H. Doc. No. 104-247); to the Committee on
Appropriations and ordered to be printed.
4189. A letter from the Acting Director, Office of Thrift
Supervision, transmitting information on changes and progress
in the operations involving regulatory resources for the
Office, pursuant to 12 U.S.C. 1462a(g); to the Committee on
Banking and Financial Services.
4190. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--
Administrative Procedures and Sanctions; Annual Reports From
States and Nonregulated Utilities on Progress in Considering
the Ratemaking and Other Regulatory Standards Under the
Public Utility Regulatory Policies Act of 1978; Removal of
Unnecessary or Obsolete Regulations (10 CFR Parts 205 and
463) received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4191. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Access to Telecommunications Equipment and
Services by Persons With Disabilities [CC Docket No. 87-124]
received July 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4192. A letter from the Chief Counsel, Office of Foreign
Assets Control, Department of the Treasury, transmitting the
Department's final rule--Cuban Assets Control Regulations;
Indirect Financing in Cuba, Civil Penalties (Office of
Foreign Assets Control) (31 CFR Part 515) received July 15,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
International Relations.
4193. A letter from the Chief Counsel, Office of Foreign
Assets Control, Department of the Treasury, transmitting the
Department's final rule--Iraqi Sanctions Regulations;
Contracts with the Government of Iraq (Office of Foreign
Assets Control) (31 CFR Part 575) received July 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
International Relations.
4194. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List (41 U.S.C. Sec. 47(a)(2)) received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4195. A letter from the Chairman, First South Production
Credit Association, transmitting the annual pension plan
report for the plan year ending December 31, 1995, for the
Production Credit Association plan, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Reform and
Oversight.
4196. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Federal
Employees Health Benefits Program: Payment of Premiums for
Periods of Leave Without Pay or Insufficient Pay (RIN: 3206-
AG66) received July 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
4197. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--General Regulations for Areas
Administered by the National Park Service and National Park
System Units in Alaska (RIN: 1024-AC21) received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4198. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--National
Environmental Policy Act Implementing Procedures (RIN: 1901-
AA67) received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4199. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--West Virginia
Regulatory Program [WV-075-FOR] received July 18, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4200. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Missouri Regulatory
Program [SPATS No. MO-029-FOR] received July 18, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4201. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--New Mexico Abandoned
Mine Land Reclamation Plan [NM-035-FOR] received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4202. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Oklahoma Regulatory
Program [SPATS No. OK-018-FOR] received July 18, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4203. A letter from the Accounting Administrative
Supervisor, Daughters of the American Revolution,
transmitting the report of the audit of the society for the
fiscal year ended February 29, 1996, pursuant to 36 U.S.C.
1101(20) and 1103; to the Committee on the Judiciary.
4204. A letter from the Chief Counsel, Bureau of the Public
Debt, transmitting the Bureau's final rule--to Update
Collection Procedures to Provide for Debiting Accounts of
Paying Agents of U.S. Savings Bonds and Notes (31 CFR 321)
received July 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
4205. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: Fisher v. Commissioner, 45 F.3d 396 (10th
Cir. 1995), rev'g T.C. Memo. 1992-740, reh'g denied, No. 93-
9029 (10th Cir. April 7, 1995) [T.C. Docket No. 28630-89],
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4206. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: Alan K. Lauckner v. United States, 68
F.3d 69 (3d Cir. 1995), aff'g No. 93-1594 (D.N.J. May 4,
1994), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
4207. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: Estate of Clack v. Commissioner, 106 T.C.
No. 6 (February 19, 1996), pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
4208. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Rulings and determination letters (Revenue Procedure 96-40),
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4209. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: Tele-Communications, Inc. v.
Commissioner, 12 F.3d 1005 (10th Cir. 1993), aff'g 95 T.C.
495 (1990) [T.C. Docket No. 268-89], pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
4210. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: Richard L. and Fiona Simon v.
Commissioner, 68 F.3d 41 (2d Cir. 1995), aff'g 103 T.C. 247
(1994), pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
4211. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: Estate of Maria Cristofani, Deceased,
Frank Cristofani, Executor, v. Commissioner, Venue: Ninth
Circuit, 97 T.C. 74 (1991) [T.C. Docket No. 28538-89]
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4212. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision: William H. Murphy v. Commissioner, 103
T.C. 111 (1994) [T.C. Docket No. 10275-92], pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4213. A letter from the Secretary of Energy, transmitting
the sixth annual report for the demonstration and commercial
application of Renewable Energy and Energy Efficiency
Technologies Program, pursuant to 42 U.S.C. 12006; jointly,
to the Committees on Commerce and Science.
4214. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Improving
Noncomplying Motor Vehicles'' for calendar year 1995,
pursuant to 49 U.S.C. 30169(b); jointly, to the Committees on
Commerce and Ways and Means.
4215. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the Department's intent to use up to $500,000
to facilitate absentee voting in the September 14 elections
by refugees and other Bosnians resident in the United States,
pursuant to 22 U.S.C. 2394-1(a); jointly, to the Committees
on International Relations and Appropriations.
4216. A letter from the Chairman, Railroad Retirement
Board, transmitting a letter in writing, dated May 30, 1996,
expressing the Board's opposition to H.R. 2942, the Railroad
Retirement Amendment Act of 1996; jointly, to the Committees
on Transportation and Infrastructure and Ways and Means.
para.90.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a concurrent
resolution of the House of the following title:
S. Con. Res. 64. Concurrent resolution to recognize and
honor the Filipino World War II veterans for their defense of
democratic ideals and their important contribution to the
outcome of World War II.
The message also announced that the Senate had passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 497. An Act to create the National Gambling Impact and
Policy Commission.
para.90.5 committees and subcommittees to sit
On motion of Mr. GOSS, by unanimous consent, the following committees
and their subcommittees were granted permission to sit today during the
5-minute rule: the Committee on Banking and Financial Services, the
Committee on Commerce, the Committee on Economic and Educational
Opportunities, the Committee on Government Reform and Oversight, the
Committee on the Judiciary, the Committee on Resources, the Committee on
Science, the Committee on Small Business, the Committee on
Transportation
[[Page 1520]]
and Infrastructure, and the Permanent Select Committee on Intelligence.
para.90.6 providing for the further consideration of h.r. 3734
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 482):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for further
consideration of the bill (H.R. 3734) to provide for
reconciliation pursuant to section 201(a)(1) of the
concurrent resolution on the budget for fiscal year 1997. All
time for general debate under the terms of the order of the
House of July 17, 1996, shall be considered as expired.
Further general debate shall be confined to the bill and
amendments specified in this resolution and shall not exceed
two hours equally divided and controlled by the chairman and
ranking minority member of the Committee on the Budget. After
general debate the bill shall be considered for amendment
under the five-minute rule. An amendment in the nature of a
substitute consisting of the text of H.R. 3829, modified by
the amendment printed in part 1 of the report of the
Committee on Rules accompanying this resolution, shall be
considered as adopted in the House and in the Committee of
the Whole. The bill, as amended, shall be considered as the
original bill for the purpose of further amendment and shall
be considered as read. No other amendment shall be in order
except (1) the further amendment printed in part 2 of the
report of the Committee on Rules, which may be offered only
by the chairman of the Committee on the Budget or his
designee, shall be considered as read, shall be debatable for
the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole; and (2) a further amendment in the nature of a
substitute consisting of the text of H.R. 3832, which may be
offered only by the minority leader or his designee, shall be
considered as read, shall be debatable for one hour equally
divided and controlled by the proponent and an opponent, and
shall not be subject to amendment. All points of order
against the further amendments are waived. At the conclusion
of consideration of the bill, as amended, for amendment the
Committee shall rise and report the bill, as amended, to the
House with such further amendments as may have been adopted.
The previous question shall be considered as ordered on the
bill, as amended, and any further amendments thereto to final
passage without intervening motion except one motion to
recommit with or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KOLBE, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
358
When there appeared
<3-line {>
Nays
54
para.90.7 [Roll No. 327]
YEAS--358
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Royce
Sabo
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Zeliff
Zimmer
NAYS--54
Becerra
Beilenson
Clay
Clyburn
Coleman
Collins (IL)
Conyers
Coyne
DeFazio
Dellums
Fattah
Filner
Flake
Foglietta
Frank (MA)
Gibbons
Gutierrez
Hilliard
Hinchey
Jackson (IL)
Jefferson
Johnson (SD)
Kennedy (RI)
Lofgren
McDermott
Meek
Menendez
Mink
Nadler
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Rangel
Roukema
Roybal-Allard
Rush
Sanders
Schroeder
Stark
Stokes
Thompson
Torres
Towns
Velazquez
Visclosky
Waters
Watt (NC)
Williams
Woolsey
Wynn
Yates
NOT VOTING--21
Collins (MI)
de la Garza
Engel
Forbes
Hall (OH)
Hunter
Lincoln
Martinez
McDade
Miller (CA)
Oberstar
Packard
Payne (VA)
Peterson (FL)
Pombo
Roth
Schiff
Serrano
Taylor (MS)
Young (AK)
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.90.8 budget reconciliation
The SPEAKER pro tempore, Mr. KOLBE, pursuant to House Resolution 482
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3734) to provide for reconciliation pursuant to section
201(a)(1) of the concurrent resolution on the budget for fiscal year
1997.
Ms. GREENE, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.90.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. NEY:
Subsection (o) of section 6 of the Food Stamp Act of 1977
(7 U.S.C. 2015), as added by section 1033(a), is amended--
(1) in paragraph (2)--
(A) by striking ``, during the preceding 12-month
period,'',
(B) by inserting ``after the effective date of this
subsection'' after ``received'', and
(C) by striking ``4'' and insert ``3'', and
[[Page 1521]]
(2) in paragraph (5) by striking subparagraph (B) and
making such technical and conforming changes as may be
appropriate.
Section 1033 is amended by striking subsection (b) and
making such technical and conforming changes as may be
appropriate.
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
184
para.90.10 [Roll No. 328]
AYES--239
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Moran
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Visclosky
Vucanovich
Walker
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Zeliff
Zimmer
NOES--184
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Castle
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Montgomery
Morella
Murtha
Nadler
Neal
Nethercutt
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Quinn
Rahall
Rangel
Reed
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Volkmer
Walsh
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--10
de la Garza
Doolittle
Forbes
Lincoln
McDade
Miller (CA)
Packard
Scarborough
Schiff
Young (FL)
So the amendment was agreed to.
The SPEAKER pro tempore, Mr. UPTON, assumed the Chair.
When Ms. GREENE, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.90.11 providing for the consideration of h.r. 3816
Mr. QUILLEN, by direction of the Committee on Rules, reported (Rept.
No. 104-688) the privileged resolution (H. Res. 483) providing for the
consideration of the bill (H.R. 3816) making appropriations for energy
and water development for the fiscal year ending September 30, 1997, and
for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.90.12 d.c. appropriations
Mr. WALSH submitted a privileged report (Rept. No. 104-689) on the
bill (H.R. 3845) making appropriations for the government of the
District of Columbia and other activities chargeable in whole or in part
against the revenues of said District for the fiscal year ending
September 30, 1997, and for other purposes.
When said bill and report were referred to the Union Calendar and
ordered printed.
Pursuant to clause 8 of rule XXI, all points of order were reserved.
para.90.13 order of business--consideration of h.r. 3845 and amendments
thereto
On motion of Mr. LIVINGSTON, by unanimous consent,
Ordered, That it may be in order that the Speaker may, as though
pursuant to clause 1(b) of rule XXIII, declare the House resolved in the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 3845) making appropriations for the
government of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for the fiscal
year ending September 30, 1997, and for other purposes; that the first
reading of the bill be dispensed with; that all points of order against
the bill and against its consideration be waived; that general debate be
confined to the bill and be limited to one hour equally divided and
controlled by the chairman and ranking minority member of the Committee
on Appropriations; that after general debate the bill be considered for
amendment under the five-minute rule; that the chairman of the Committee
of the Whole be authorized to postpone until a time during further
consideration in the Committee of the Whole a request for a recorded
vote on any amendment; that the chairman of the Committee of the Whole
be authorized to reduce to five minutes the minimum time for voting by
electronic device on any postponed question that immediately follows
another vote by electronic device without intervening business, provided
that the time for voting by electronic device on the first in any series
of questions shall be not less than fifteen minutes; that after the
reading of the final lines of the bill, a motion that the Committee of
the Whole rise and report the bill to the House with such amendments as
may have been adopted, if offered by the Majority Leader or a designee,
have precedence over a motion to amend; that at the conclusion of
consideration of the bill for amendment, the Committee rise and report
the bill to the House with such amendments as may have been adopted; and
that the previous question be considered as ordered on the bill and
amendments thereto to final passage without intervening motion except
one motion to recommit with or without instructions.
para.90.14 budget reconciliation
The SPEAKER pro tempore, Mr. UPTON, pursuant to House Resolution 482
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill
[[Page 1522]]
(H.R. 3734) to provide for reconciliation pursuant to section 201(a)(1)
of the concurrent resolution on the budget for fiscal year 1997.
Ms. GREENE, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.90.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. TANNER:
Amendment in the nature of a substitute offered by Mr.
Tanner: Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Welfare Reform
Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
Sec. 101. Findings.
Sec. 102. Reference to Social Security Act.
Sec. 103. Block grants to States.
Sec. 104. Services provided by charitable, religious, or private
organizations.
Sec. 105. Census data on grandparents as primary caregivers for their
grandchildren.
Sec. 106. Report on data processing.
Sec. 107. Study on alternative outcomes measures.
Sec. 108. Conforming amendments to the Social Security Act.
Sec. 109. Conforming amendments to the Food Stamp Act of 1977 and
related provisions.
Sec. 110. Conforming amendments to other laws.
Sec. 111. Development of prototype of counterfeit-resistant social
security card required.
Sec. 112. Disclosure of receipt of Federal funds.
Sec. 113. Modifications to the job opportunities for certain low-income
individuals program.
Sec. 114. Secretarial submission of legislative proposal for technical
and conforming amendments.
Sec. 115. Application of current AFDC standards under medicaid program.
Sec. 116. Effective date; transition rule.
TITLE II--SUPPLEMENTAL SECURITY INCOME
Sec. 200. Reference to Social Security Act.
Subtitle A--Eligibility Restrictions
Sec. 201. Denial of SSI benefits for 10 years to individuals found to
have fraudulently misrepresented residence in order to
obtain benefits simultaneously in 2 or more States.
Sec. 202. Denial of SSI benefits for fugitive felons and probation and
parole violators.
Sec. 203. Verification of eligibility for certain SSI disability
benefits.
Sec. 204. Treatment of prisoners.
Sec. 205. Effective date of application for benefits.
Sec. 206. Installment payment of large past-due supplemental security
income benefits.
Sec. 207. Recovery of supplemental security income overpayments from
social security benefits.
Subtitle B--Benefits for Disabled Children
Sec. 211. Definition and eligibility rules.
Sec. 212. Eligibility redeterminations and continuing disability
reviews.
Sec. 213. Additional accountability requirements.
Sec. 214. Reduction in cash benefits payable to institutionalized
individuals whose medical costs are covered by private
insurance.
Sec. 215. Modification respecting parental income deemed to disabled
children.
Sec. 216. Graduated benefits for additional children.
Subtitle C--State Supplementation Programs
Sec. 221. Repeal of maintenance of effort requirements applicable to
optional State programs for supplementation of SSI
benefits.
Subtitle D--Studies Regarding Supplemental Security Income Program
Sec. 231. Annual report on the supplemental security income program.
Sec. 232. Study of disability determination process.
Sec. 233. Study by General Accounting Office.
Subtitle E--National Commission on the Future of Disability
Sec. 241. Establishment.
Sec. 242. Duties of the Commission.
Sec. 243. Membership.
Sec. 244. Staff and support services.
Sec. 245. Powers of Commission.
Sec. 246. Reports.
Sec. 247. Termination.
Sec. 248. Authorization of appropriations.
TITLE III--CHILD SUPPORT
Sec. 300. Reference to Social Security Act.
Subtitle A--Eligibility for Services; Distribution of Payments
Sec. 301. State obligation to provide child support enforcement
services.
Sec. 302. Distribution of child support collections.
Sec. 303. Privacy safeguards.
Sec. 304. Rights to notification and hearings.
Subtitle B--Locate and Case Tracking
Sec. 311. State case registry.
Sec. 312. Collection and disbursement of support payments.
Sec. 313. State directory of new hires.
Sec. 314. Amendments concerning income withholding.
Sec. 315. Locator information from interstate networks.
Sec. 316. Expansion of the Federal parent locator service.
Sec. 317. Collection and use of social security numbers for use in
child support enforcement.
Subtitle C--Streamlining and Uniformity of Procedures
Sec. 321. Adoption of uniform State laws.
Sec. 322. Improvements to full faith and credit for child support
orders.
Sec. 323. Administrative enforcement in interstate cases.
Sec. 324. Use of forms in interstate enforcement.
Sec. 325. State laws providing expedited procedures.
Subtitle D--Paternity Establishment
Sec. 331. State laws concerning paternity establishment.
Sec. 332. Outreach for voluntary paternity establishment.
Sec. 333. Cooperation by applicants for and recipients of temporary
family assistance.
Subtitle E--Program Administration and Funding
Sec. 341. Performance-based incentives and penalties.
Sec. 342. Federal and State reviews and audits.
Sec. 343. Required reporting procedures.
Sec. 344. Automated data processing requirements.
Sec. 345. Technical assistance.
Sec. 346. Reports and data collection by the Secretary.
Subtitle F--Establishment and Modification of Support Orders
Sec. 351. Simplified process for review and adjustment of child support
orders.
Sec. 352. Furnishing consumer reports for certain purposes relating to
child support.
Sec. 353. Nonliability for financial institutions providing financial
records to State child support enforcement agencies in
child support cases.
Subtitle G--Enforcement of Support Orders
Sec. 361. Internal Revenue Service collection of arrearages.
Sec. 362. Authority to collect support from Federal employees.
Sec. 363. Enforcement of child support obligations of members of the
Armed Forces.
Sec. 364. Voiding of fraudulent transfers.
Sec. 365. Work requirement for persons owing past-due child support.
Sec. 366. Definition of support order.
Sec. 367. Reporting arrearages to credit bureaus.
Sec. 368. Liens.
Sec. 369. State law authorizing suspension of licenses.
Sec. 370. Denial of passports for nonpayment of child support.
Sec. 371. International child support enforcement.
Sec. 372. Financial institution data matches.
Sec. 373. Enforcement of orders against paternal or maternal
grandparents in cases of minor parents.
Sec. 374. Nondischargeability in bankruptcy of certain debts for the
support of a child.
Subtitle H--Medical Support
Sec. 376. Correction to ERISA definition of medical child support
order.
Sec. 377. Enforcement of orders for health care coverage.
Subtitle I--Enhancing Responsibility and Opportunity for Non-
Residential Parents
Sec. 381. Grants to States for access and visitation programs.
Subtitle J--Effect of Enactment
Sec. 391. Effective dates.
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Sec. 400. Statements of national policy concerning welfare and
immigration.
Subtitle A--Eligibility for Federal Benefits
Sec. 401. Aliens who are not qualified aliens ineligible for Federal
public benefits.
Sec. 402. Limited eligibility of certain qualified aliens for certain
Federal programs.
Sec. 403. Five-year limited eligibility of qualified aliens for Federal
means-tested public benefit.
Sec. 404. Notification and information reporting.
Subtitle B--Eligibility for State and Local Public Benefits Programs
Sec. 411. Aliens who are not qualified aliens or nonimmigrants
ineligible for State and local public benefits.
Sec. 412. State authority to limit eligibility of qualified aliens for
State public benefits.
[[Page 1523]]
Subtitle C--Attribution of Income and Affidavits of Support
Sec. 421. Federal attribution of sponsor's income and resources to
alien for purposes of medicaid eligibility.
Sec. 422. Authority for States to provide for attribution of sponsor's
income and resources to the alien with respect to State
programs.
Sec. 423. Requirements for sponsor's affidavit of support.
Sec. 424. Cosignature of alien student loans.
Subtitle D--General Provisions
Sec. 431. Definitions.
Sec. 432. Verification of eligibility for Federal public benefits.
Sec. 433. Statutory construction.
Sec. 434. Communication between State and local government agencies and
the Immigration and Naturalization Service.
Sec. 435. Qualifying quarters.
Sec. 436. Title inapplicable to programs specified by Attorney General.
Sec. 437. Title inapplicable to programs of nonprofit charitable
organizations.
Subtitle E--Conforming Amendments
Sec. 441. Conforming amendments relating to assisted housing.
TITLE V--REDUCTIONS IN FEDERAL GOVERNMENT POSITIONS
Sec. 501. Reductions.
Sec. 502. Reductions in Federal bureaucracy.
Sec. 503. Reducing personnel in Washington, D.C. area.
TITLE VI--REFORM OF PUBLIC HOUSING
Sec. 601. Failure to comply with other welfare and public assistance
programs.
Sec. 602. Fraud under means-tested welfare and public assistance
programs.
Sec. 603. Annual adjustment factors for operating costs only; restraint
on rent increases.
Sec. 604. Effective date.
TITLE VII--CHILD CARE
Sec. 701. Short title and references.
Sec. 702. Goals.
Sec. 703. Authorization of appropriations.
Sec. 704. Lead agency.
Sec. 705. Application and plan.
Sec. 706. Limitation on State allotments.
Sec. 707. Activities to improve the quality of child care.
Sec. 708. Repeal of early childhood development and before- and after-
school care requirement.
Sec. 709. Administration and enforcement.
Sec. 710. Payments.
Sec. 711. Annual report and audits.
Sec. 712. Report by the Secretary.
Sec. 713. Allotments.
Sec. 714. Definitions.
Sec. 715. Repeals.
TITLE VIII--CHILD NUTRITION PROGRAMS
Subtitle A--National School Lunch Act
Sec. 801. Value of food assistance.
Sec. 802. Commodity assistance.
Sec. 803. State disbursement to schools.
Sec. 804. Nutritional and other program requirements.
Sec. 805. Free and reduced price policy statement.
Sec. 806. Special assistance.
Sec. 807. Miscellaneous provisions and definitions.
Sec. 808. Summer food service program for children.
Sec. 809. Commodity distribution.
Sec. 810. Child care food program.
Sec. 811. Pilot projects.
Sec. 812. Reduction of paperwork.
Sec. 813. Information on income eligibility.
Sec. 814. Nutrition guidance for child nutrition programs.
Sec. 815. Information clearinghouse.
Subtitle B--Child Nutrition Act of 1966
Sec. 821. Special milk program.
Sec. 822. Reimbursement rates for free and reduced price breakfasts.
Sec. 823. Free and reduced price policy statement.
Sec. 824. School breakfast program authorization.
Sec. 825. State administrative expenses.
Sec. 826. Regulations.
Sec. 827. Prohibitions.
Sec. 828. Miscellaneous provisions and definitions.
Sec. 829. Accounts and records.
Sec. 830. Special supplemental nutrition program for women, infants,
and children.
Sec. 831. Cash grants for nutrition education.
Sec. 832. Nutrition education and training.
Sec. 833. Breastfeeding promotion program.
TITLE IX--FOOD STAMP AND RELATED PROGRAMS
Sec. 901. Definition of certification period.
Sec. 902. Expanded definition of ``coupon''.
Sec. 903. Treatment of children living at home.
Sec. 904. Adjustment of thrifty food plan.
Sec. 905. Definition of homeless individual.
Sec. 906. Income Exclusions.
Sec. 907. Deductions from income.
Sec. 908. Vehicle allowance.
Sec. 909. Vendor payments for transitional housing counted as income.
Sec. 910. Increased penalties for violating food stamp program
requirements.
Sec. 911. Disqualification of convicted individuals.
Sec. 912. Disqualification.
Sec. 913. Caretaker exemption.
Sec. 914. Employment and training.
Sec. 915. Comparable treatment for disqualification.
Sec. 916. Disqualification for receipt of multiple food stamp benefits.
Sec. 917. Disqualification of fleeing felons.
Sec. 918. Cooperation with child support agencies.
Sec. 919. Disqualification relating to child support arrears.
Sec. 920. Work requirement for able-bodied recipients.
Sec. 921. Encourage electronic benefit transfer systems.
Sec. 922. Value of minimum allotment.
Sec. 923. Benefits on recertification.
Sec. 924. Optional combined allotment for expedited households.
Sec. 925. Failure to comply with other means-tested public assistance
programs.
Sec. 926. Allotments for households residing in centers.
Sec. 927. Authority to establish authorization periods.
Sec. 928. Specific period for prohibiting participation of stores based
on lack of business integrity.
Sec. 929. Information for verifying eligibility for authorization.
Sec. 930. Waiting period for stores that initially fail to meet
authorization criteria.
Sec. 931. Operation of food stamp offices.
Sec. 932. Mandatory claims collection methods.
Sec. 933. Exchange of law enforcement information.
Sec. 934. Expedited coupon service.
Sec. 935. Withdrawing fair hearing requests.
Sec. 936. Income, eligibility, and immigration status verification
systems.
Sec. 937. Bases for suspensions and disqualifications.
Sec. 938. Authority to suspend stores violating program requirements
pending administrative and judicial review.
Sec. 939. Disqualification of retailers who are disqualified from the
WIC program.
Sec. 940. Permanent debarment of retailers who intentionally submit
falsified applications.
Sec. 941. Expanded civil and criminal forfeiture for violations of the
food stamp act.
Sec. 942. Expanded authority for sharing information provided by
retailers.
Sec. 943. Limitation of Federal match.
Sec. 944. Collection of overissuances.
Sec. 945. Standards for administration.
Sec. 946. Response to waivers.
Sec. 947. Authorization of appropriations.
Sec. 948. Authorize States to operate simplified food stamp programs.
Sec. 949. Emergency food assistance program.
Sec. 950. Food bank demonstration project.
Sec. 951. Report on entitlement commodity processing.
TITLE X--MISCELLANEOUS
Subtitle A--General Provisions
Sec. 1001. Expenditure of Federal funds in accordance with laws and
procedures applicable to expenditure of State funds.
Sec. 1002. Elimination of housing assistance with respect to fugitive
felons and probation and parole violators.
Sec. 1003. Sense of the Senate regarding enterprise zones.
Sec. 1004. Sense of the Senate regarding the inability of the non-
custodial parent to pay child support.
Sec. 1005. Food stamp eligibility.
Sec. 1006. Establishing national goals to prevent teenage pregnancies.
Sec. 1007. Sense of the Senate regarding enforcement of statutory rape
laws.
Sec. 1008. Sanctioning for testing positive for controlled substances.
Sec. 1009. Abstinence education.
Sec. 1010. Provisions to encourage electronic benefit transfer systems.
Sec. 1011. Reduction in block grants to States for social services.
Sec. 1012. Efficient use of Federal transportation funds.
Sec. 1013. Enhanced Federal match for child welfare automation
expenses.
Subtitle B--Earned Income Tax Credit
Sec. 1021. Earned income credit and other tax benefits denied to
individuals failing to provide taxpayer identification
numbers.
Sec. 1022. Rules relating to denial of earned income credit on basis of
disqualified income.
Sec. 1023. Modification of adjusted gross income definition for earned
income credit.
Sec. 1024. Notice of availability required to be provided to applicants
and former recipients of AFDC, food stamps, and medicaid.
Sec. 1025. Notice of availability of earned income tax credit and
dependent care tax credit to be included on W-4 form.
Sec. 1026. Advance payment of earned income tax credit through State
demonstration programs.
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SEC. 101. FINDINGS.
The Congress makes the following findings:
[[Page 1524]]
(1) Marriage is the foundation of a successful society.
(2) Marriage is an essential institution of a successful
society which promotes the interests of children.
(3) Promotion of responsible fatherhood and motherhood is
integral to successful child rearing and the well-being of
children.
(4) In 1992, only 54 percent of single-parent families with
children had a child support order established and, of that
54 percent, only about one-half received the full amount due.
Of the cases enforced through the public child support
enforcement system, only 18 percent of the caseload has a
collection.
(5) The number of individuals receiving aid to families
with dependent children (in this section referred to as
``AFDC'') has more than tripled since 1965. More than two-
thirds of these recipients are children. Eighty-nine percent
of children receiving AFDC benefits now live in homes in
which no father is present.
(A)(i) The average monthly number of children receiving
AFDC benefits--
(I) was 3,300,000 in 1965;
(II) was 6,200,000 in 1970;
(III) was 7,400,000 in 1980; and
(IV) was 9,300,000 in 1992.
(ii) While the number of children receiving AFDC benefits
increased nearly threefold between 1965 and 1992, the total
number of children in the United States aged 0 to 18 has
declined by 5.5 percent.
(B) The Department of Health and Human Services has
estimated that 12,000,000 children will receive AFDC benefits
within 10 years.
(C) The increase in the number of children receiving public
assistance is closely related to the increase in births to
unmarried women. Between 1970 and 1991, the percentage of
live births to unmarried women increased nearly threefold,
from 10.7 percent to 29.5 percent.
(6) The increase of out-of-wedlock pregnancies and births
is well documented as follows:
(A) It is estimated that the rate of nonmarital teen
pregnancy rose 23 percent from 54 pregnancies per 1,000
unmarried teenagers in 1976 to 66.7 pregnancies in 1991. The
overall rate of nonmarital pregnancy rose 14 percent from
90.8 pregnancies per 1,000 unmarried women in 1980 to 103 in
both 1991 and 1992. In contrast, the overall pregnancy rate
for married couples decreased 7.3 percent between 1980 and
1991, from 126.9 pregnancies per 1,000 married women in 1980
to 117.6 pregnancies in 1991.
(B) The total of all out-of-wedlock births between 1970 and
1991 has risen from 10.7 percent to 29.5 percent and if the
current trend continues, 50 percent of all births by the year
2015 will be out-of-wedlock.
(7) The negative consequences of an out-of-wedlock birth on
the mother, the child, the family, and society are well
documented as follows:
(A) Young women 17 and under who give birth outside of
marriage are more likely to go on public assistance and to
spend more years on welfare once enrolled. These combined
effects of ``younger and longer'' increase total AFDC costs
per household by 25 percent to 30 percent for 17-year olds.
(B) Children born out-of-wedlock have a substantially
higher risk of being born at a very low or moderately low
birth weight.
(C) Children born out-of-wedlock are more likely to
experience low verbal cognitive attainment, as well as more
child abuse, and neglect.
(D) Children born out-of-wedlock were more likely to have
lower cognitive scores, lower educational aspirations, and a
greater likelihood of becoming teenage parents themselves.
(E) Being born out-of-wedlock significantly reduces the
chances of the child growing up to have an intact marriage.
(F) Children born out-of-wedlock are 3 times more likely to
be on welfare when they grow up.
(8) Currently 35 percent of children in single-parent homes
were born out-of-wedlock, nearly the same percentage as that
of children in single-parent homes whose parents are divorced
(37 percent). While many parents find themselves, through
divorce or tragic circumstances beyond their control, facing
the difficult task of raising children alone, nevertheless,
the negative consequences of raising children in single-
parent homes are well documented as follows:
(A) Only 9 percent of married-couple families with children
under 18 years of age have income below the national poverty
level. In contrast, 46 percent of female-headed households
with children under 18 years of age are below the national
poverty level.
(B) Among single-parent families, nearly \1/2\ of the
mothers who never married received AFDC while only \1/5\ of
divorced mothers received AFDC.
(C) Children born into families receiving welfare
assistance are 3 times more likely to be on welfare when they
reach adulthood than children not born into families
receiving welfare.
(D) Mothers under 20 years of age are at the greatest risk
of bearing low-birth-weight babies.
(E) The younger the single parent mother, the less likely
she is to finish high school.
(F) Young women who have children before finishing high
school are more likely to receive welfare assistance for a
longer period of time.
(G) Between 1985 and 1990, the public cost of births to
teenage mothers under the aid to families with dependent
children program, the food stamp program, and the medicaid
program has been estimated at $120,000,000,000.
(H) The absence of a father in the life of a child has a
negative effect on school performance and peer adjustment.
(I) Children of teenage single parents have lower cognitive
scores, lower educational aspirations, and a greater
likelihood of becoming teenage parents themselves.
(J) Children of single-parent homes are 3 times more likely
to fail and repeat a year in grade school than are children
from intact 2-parent families.
(K) Children from single-parent homes are almost 4 times
more likely to be expelled or suspended from school.
(L) Neighborhoods with larger percentages of youth aged 12
through 20 and areas with higher percentages of single-parent
households have higher rates of violent crime.
(M) Of those youth held for criminal offenses within the
State juvenile justice system, only 29.8 percent lived
primarily in a home with both parents. In contrast to these
incarcerated youth, 73.9 percent of the 62,800,000 children
in the Nation's resident population were living with both
parents.
(9) Therefore, in light of this demonstration of the crisis
in our Nation, it is the sense of the Congress that
prevention of out-of-wedlock pregnancy and reduction in out-
of-wedlock birth are very important Government interests and
the policy contained in part A of title IV of the Social
Security Act (as amended by section 103 of this Act) is
intended to address the crisis.
SEC. 102. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
SEC. 103. BLOCK GRANTS TO STATES.
Part A of title IV (42 U.S.C. 601 et seq.) is amended to
read as follows:
``PART A--BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES
``SEC. 401. PURPOSE.
``(a) In General.--The purpose of this part is to increase
the flexibility of States in operating a program designed
to--
``(1) provide assistance to needy families so that children
may be cared for in their own homes or in the homes of
relatives;
``(2) end the dependence of needy parents on government
benefits by promoting job preparation, work, and marriage;
``(3) prevent and reduce the incidence of out-of-wedlock
pregnancies and establish annual numerical goals for
preventing and reducing the incidence of these pregnancies;
and
``(4) encourage the formation and maintenance of two-parent
families.
``(b) No Individual Entitlement.--This part shall not be
interpreted to entitle any individual or family to assistance
under any State program funded under this part.
``SEC. 402. ELIGIBLE STATES; STATE PLAN.
``(a) In General.--As used in this part, the term `eligible
State' means, with respect to a fiscal year, a State that,
during the 2-year period immediately preceding the fiscal
year, has submitted to the Secretary a plan that meets the
requirements of subsection (b) and has been approved by the
Secretary with respect to the fiscal year.
``(b) Contents of State Plans.--A plan meets the
requirements of this subsection if the plan includes the
following:
``(1) Outline of family assistance program.--
``(A) General provisions.--A written document that outlines
how the State will do the following:
``(i) Conduct a program, designed to serve all political
subdivisions in the State, that provides assistance to needy
families with (or expecting) children and provides parents
with job preparation, work, and support services to enable
them to leave the program and become self-sufficient.
``(ii) Determine, on an objective and equitable basis, the
needs of and the amount of assistance to be provided to needy
families, and treat families of similar needs and
circumstances similarly, subject to subparagraph (B).
``(iii) Require a parent or caretaker receiving assistance
under the program to engage in work (as defined by the State)
once the State determines the parent or caretaker is ready to
engage in work, or once the parent or caretaker has received
assistance under the program for 24 months (whether or not
consecutive), whichever is earlier.
``(iv) Ensure that parents and caretakers receiving
assistance under the program engage in work activities in
accordance with section 407.
``(v) Grant an opportunity for a fair hearing before the
State agency to any individual to whom assistance under the
program is denied, reduced, or terminated, or whose request
for such assistance is not acted on with reasonable
promptness.
``(vi) Take such reasonable steps as the State deems
necessary to restrict the use and disclosure of information
about individuals and families receiving assistance under the
program attributable to funds provided by the Federal
Government.
``(vii) Establish goals and take action to prevent and
reduce the incidence of out-of-wedlock pregnancies, with
special emphasis on teenage pregnancies, and establish
numerical goals for reducing the illegitimacy ratio of the
State (as defined in section 403(a)(2)(B)) for calendar years
1996 through 2005.
[[Page 1525]]
``(B) Special provisions.--
``(i) The plan shall indicate whether the State intends to
treat families moving into the State from another State
differently than other families under the program, and if so,
how the State intends to treat such families under the
program.
``(ii) The plan shall indicate whether the State intends to
provide assistance under the program to individuals who are
not citizens of the United States, and if so, shall include
an overview of such assistance.
``(iii) The plan shall contain an estimate of the number of
individuals (if any) who will become ineligible for medical
assistance under the State plan approved under title XIX as a
result of changes in the rules governing eligibility for the
State program funded under this part, and shall indicate the
extent (if any) to which the State will provide medical
assistance to such individuals, and the scope of such medical
assistance.
``(2) Certification that the state will operate a child
support enforcement program.--The plan shall include a
certification by the chief executive officer of the State
that, during the fiscal year, the State will operate a child
support enforcement program under the State plan approved
under part D.
``(3) Certification that the state will not operate a
separate financial support program with state funds targeted
at certain child support recipients.--The plan shall include
a certification by the chief executive officer of the State
that, during the fiscal year, the State will not operate a
separate financial support program with State funds targeted
at child support recipients who would be eligible for
assistance under the program funded under this part were it
not for payments from the State-funded financial assistance
program.
``(4) Certification that the state will operate a child
protection program.--The plan shall include a certification
by the chief executive officer of the State that, during the
fiscal year, the State will operate a child protection
program under the State plan approved under part B.
``(5) Certification of the administration of the program.--
The plan shall include a certification by the chief executive
officer of the State specifying which State agency or
agencies will administer and supervise the program referred
to in paragraph (1) for the fiscal year, which shall include
assurances that local governments and private sector
organizations--
``(A) have been working jointly with the State in all
phases of the plan and design of welfare services in the
State so that services are provided in a manner appropriate
to local populations;
``(B) have had at least 60 days to submit comments on the
final plan and the design of such services; and
``(C) will not have unfunded mandates imposed on them under
such plan.
Such certification shall also include assurance that when
local elected officials are currently responsible for the
administration of welfare services, the local elected
officials will be able to plan, design, and administer for
their jurisdictions the programs established pursuant to this
Act.
``(6) Certification that the state will provide indians
with equitable access to assistance.--The plan shall include
a certification by the chief executive officer of the State
that, during the fiscal year, the State will provide each
Indian who is a member of an Indian tribe in the State that
does not have a tribal family assistance plan approved under
section 412 with equitable access to assistance under the
State program funded under this part attributable to funds
provided by the Federal Government.
``(7) Certification of nondisplacement and nonreplacement
of employees.--The plan shall include a certification that
the implementation of the plan will not result in--
``(A) the displacement of a currently employed worker or
position by an individual to whom assistance is provided
under the State program funded under this part;
``(B) the replacement of an employee who has been
terminated with an individual to whom assistance is provided
under the State program funded under this part; or
``(C) the replacement of an employee who is on layoff from
the same position filled by an individual to whom assistance
is provided under the State program funded under this part or
any equivalent position.
``(c) Approval of State Plans.--The Secretary shall approve
any State plan that meets the requirements of subsection (b)
if the Secretary determines that operating a State program
pursuant to the plan will contribute to achieving the
purposes of this part.
``(d) Public Availability of State Plan Summary.--The State
shall make available to the public a summary of any plan
submitted by the State under this section.
``SEC. 403. GRANTS TO STATES.
``(a) Grants.--
``(1) Family assistance grant.--
``(A) In general.--Each eligible State shall be entitled to
receive from the Secretary, for each of fiscal years 1996,
1997, 1998, 1999, 2000, and 2001 a grant in an amount equal
to the State family assistance grant.
``(B) State family assistance grant defined.--As used in
this part, the term `State family assistance grant' means the
greatest of--
``(i) \1/3\ of the total amount required to be paid to the
State under former section 403 (as in effect on September 30,
1995) for fiscal years 1992, 1993, and 1994 (other than with
respect to amounts expended by the State for child care under
subsection (g) or (i) of former section 402 (as so in
effect));
``(ii)(I) the total amount required to be paid to the State
under former section 403 for fiscal year 1994 (other than
with respect to amounts expended by the State for child care
under subsection (g) or (i) of former section 402 (as so in
effect)); plus
``(II) an amount equal to 85 percent of the amount (if any)
by which the total amount required to be paid to the State
under former section 403(a)(5) for emergency assistance for
fiscal year 1995 exceeds the total amount required to be paid
to the State under former section 403(a)(5) for fiscal year
1994, if, during fiscal year 1994, the Secretary approved
under former section 402 an amendment to the former State
plan with respect to the provision of emergency assistance in
the context of family preservation; or
``(iii) the amount required to be paid to the State under
former section 403 (as in effect on September 30, 1995) for
fiscal year 1995 (other than with respect to amounts expended
by the State under the State plan approved under part F (as
so in effect) or for child care under subsection (g) or (i)
of former section 402 (as so in effect)), plus the total
amount required to be paid to the State for fiscal year 1995
under former section 403(l) (as so in effect).
``(C) Total amount required to be paid to the state under
former section 403 defined.--As used in this part, the term
`total amount required to be paid to the State under former
section 403' means, with respect to a fiscal year--
``(i) in the case of a State to which section 1108 does not
apply, the sum of--
``(I) the Federal share of maintenance assistance
expenditures for the fiscal year, before reduction pursuant
to subparagraph (B) or (C) of section 403(b)(2) (as in effect
on September 30, 1995), as reported by the State on ACF Form
231;
``(II) the Federal share of administrative expenditures
(including administrative expenditures for the development of
management information systems) for the fiscal year, as
reported by the State on ACF Form 231;
``(III) the Federal share of emergency assistance
expenditures for the fiscal year, as reported by the State on
ACF Form 231;
``(IV) the Federal share of expenditures for the fiscal
year with respect to child care pursuant to subsections (g)
and (i) of former section 402 (as in effect on September 30,
1995), as reported by the State on ACF Form 231; and
``(V) the aggregate amount required to be paid to the State
for the fiscal year with respect to the State program
operated under part F (as in effect on September 30, 1995),
as determined by the Secretary, including additional
obligations or reductions in obligations made after the close
of the fiscal year; and
``(ii) in the case of a State to which section 1108
applies, the lesser of--
``(I) the sum described in clause (i); or
``(II) the total amount certified by the Secretary under
former section 403 (as in effect during the fiscal year) with
respect to the territory.
``(D) Information to be used in determining amounts.--
``(i) For fiscal years 1992 and 1993.--
``(I) In determining the amount described in subclauses (I)
through (IV) of subparagraph (C)(i) for any State for each of
fiscal years 1992 and 1993, the Secretary shall use
information available as of April 28, 1995.
``(II) In determining the amount described in subparagraph
(C)(i)(V) for any State for each of fiscal years 1992 and
1993, the Secretary shall use information available as of
January 6, 1995.
``(ii) For fiscal year 1994.--In determining the amounts
described in subparagraph (C)(i) for any State for fiscal
year 1994, the Secretary shall use information available as
of April 28, 1995.
``(iii) For fiscal year 1995.--
``(I) In determining the amount described in subparagraph
(B)(ii)(II) for any State for fiscal year 1995, the Secretary
shall use the information which was reported by the States
and estimates made by the States with respect to emergency
assistance expenditures and was available as of August 11,
1995.
``(II) In determining the amounts described in subclauses
(I) through (IV) of subparagraph (C)(i) for any State for
fiscal year 1995, the Secretary shall use information
available as of October 2, 1995.
``(III) In determining the amount described in subparagraph
(C)(i)(V) for any State for fiscal year 1995, the Secretary
shall use information available as of October 5, 1995.
``(E) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1996, 1997, 1998, 1999, 2000,
and 2001 such sums as are necessary for grants under this
paragraph.
``(2) Grant to reward states that reduce out-of-wedlock
births.--
``(A) In general.--In addition to any grant under paragraph
(1), each eligible State shall be entitled to receive from
the Secretary for fiscal year 1998 or any succeeding fiscal
year, a grant in an amount equal to the State family
assistance grant multiplied by--
``(i) 5 percent if--
``(I) the illegitimacy ratio of the State for the fiscal
year is at least 1 percentage point lower than the
illegitimacy ratio of the State for fiscal year 1995; and
[[Page 1526]]
``(II) the rate of induced pregnancy terminations in the
State for the fiscal year is less than the rate of induced
pregnancy terminations in the State for fiscal year 1995; or
``(ii) 10 percent if--
``(I) the illegitimacy ratio of the State for the fiscal
year is at least 2 percentage points lower than the
illegitimacy ratio of the State for fiscal year 1995; and
``(II) the rate of induced pregnancy terminations in the
State for the fiscal year is less than the rate of induced
pregnancy terminations in the State for fiscal year 1995.
``(B) Illegitimacy ratio.--As used in this paragraph, the
term `illegitimacy ratio' means, with respect to a State and
a fiscal year--
``(i) the number of out-of-wedlock births that occurred in
the State during the most recent fiscal year for which such
information is available; divided by
``(ii) the number of births that occurred in the State
during the most recent fiscal year for which such information
is available.
``(C) Disregard of changes in data due to changed reporting
methods.--For purposes of subparagraph (A), the Secretary
shall disregard--
``(i) any difference between the illegitimacy ratio of a
State for a fiscal year and the illegitimacy ratio of the
State for fiscal year 1995 which is attributable to a change
in State methods of reporting data used to calculate the
illegitimacy ratio; and
``(ii) any difference between the rate of induced pregnancy
terminations in a State for a fiscal year and such rate for
fiscal year 1995 which is attributable to a change in State
methods of reporting data used to calculate such rate.
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal year 1998 and for each succeeding
fiscal year such sums as are necessary for grants under this
paragraph.
``(3) Supplemental grant for population increases in
certain states.--
``(A) In general.--Each qualifying State shall, subject to
subparagraph (F), be entitled to receive from the Secretary--
``(i) for fiscal year 1997 a grant in an amount equal to
2.5 percent of the total amount required to be paid to the
State under former section 403 (as in effect during fiscal
year 1994) for fiscal year 1994; and
``(ii) for each of fiscal years 1998, 1999, and 2000, a
grant in an amount equal to the sum of--
``(I) the amount (if any) required to be paid to the State
under this paragraph for the immediately preceding fiscal
year; and
``(II) 2.5 percent of the sum of--
``(aa) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; and
``(bb) the amount (if any) required to be paid to the State
under this paragraph for the fiscal year preceding the fiscal
year for which the grant is to be made.
``(B) Preservation of grant without increases for states
failing to remain qualifying states.--Each State that is not
a qualifying State for a fiscal year specified in
subparagraph (A)(ii) but was a qualifying State for a prior
fiscal year shall, subject to subparagraph (F), be entitled
to receive from the Secretary for the specified fiscal year,
a grant in an amount equal to the amount required to be paid
to the State under this paragraph for the most recent fiscal
year for which the State was a qualifying State.
``(C) Qualifying state.--
``(i) In general.--For purposes of this paragraph, a State
is a qualifying State for a fiscal year if--
``(I) the level of welfare spending per poor person by the
State for the immediately preceding fiscal year is less than
the national average level of State welfare spending per poor
person for such preceding fiscal year; and
``(II) the population growth rate of the State (as
determined by the Bureau of the Census for the most recent
fiscal year for which information is available) exceeds the
average population growth rate for all States (as so
determined) for such most recent fiscal year.
``(ii) State must qualify in fiscal year 1997.--
Notwithstanding clause (i), a State shall not be a qualifying
State for any fiscal year after 1997 by reason of clause (i)
if the State is not a qualifying State for fiscal year 1997
by reason of clause (i).
``(iii) Certain states deemed qualifying states.--For
purposes of this paragraph, a State is deemed to be a
qualifying State for fiscal years 1997, 1998, 1999, and 2000
if--
``(I) the level of welfare spending per poor person by the
State for fiscal year 1996 is less than 35 percent of the
national average level of State welfare spending per poor
person for fiscal year 1996; or
``(II) the population of the State increased by more than
10 percent from April 1, 1990, to July 1, 1994, as determined
by the Bureau of the Census.
``(D) Definitions.--As used in this paragraph:
``(i) Level of welfare spending per poor person.--The term
`level of State welfare spending per poor person' means, with
respect to a State and a fiscal year--
``(I) the sum of--
``(aa) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; and
``(bb) the amount (if any) paid to the State under this
paragraph for the immediately preceding fiscal year; divided
by
``(II) the number of individuals, according to the 1990
decennial census, who were residents of the State and whose
income was below the poverty line.
``(ii) National average level of state welfare spending per
poor person.--The term `national average level of State
welfare spending per poor person' means, with respect to a
fiscal year, an amount equal to--
``(I) the total amount required to be paid to the States
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; divided by
``(II) the number of individuals, according to the 1990
decennial census, who were residents of any State and whose
income was below the poverty line.
``(iii) State.--The term `State' means each of the 50
States of the United States and the District of Columbia.
``(E) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1997, 1998, 1999, and 2000 such
sums as are necessary for grants under this paragraph, in a
total amount not to exceed $800,000,000.
``(F) Grants reduced pro rata if insufficient
appropriations.--If the amount appropriated pursuant to this
paragraph for a fiscal year is less than the total amount of
payments otherwise required to be made under this paragraph
for the fiscal year, then the amount otherwise payable to any
State for the fiscal year under this paragraph shall be
reduced by a percentage equal to the amount so appropriated
divided by such total amount.
``(G) Budget scoring.--Notwithstanding section 257(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985, the baseline shall assume that no grant shall be made
under this paragraph after fiscal year 2000.
``(4) Supplemental grant for operation of work program.--
``(A) Application requirements.--An eligible State may
submit to the Secretary an application for additional funds
to meet the requirements of section 407 with respect to a
fiscal year if the Secretary determines that--
``(i) the total expenditures of the State to meet such
requirements for the fiscal year exceed the total
expenditures of the State during fiscal year 1994 to carry
out part F (as in effect on September 30, 1994);
``(ii) the work programs of the State under section 407 are
coordinated with the job training programs established by
title II of the Job Training Partnership Act, or (if such
title is repealed by the Consolidated and Reformed Education,
Employment, and Rehabilitation Systems Act) the Consolidated
and Reformed Education, Employment, and Rehabilitation
Systems Act; and
``(iii) the State needs additional funds to meet such
requirements or certifies that it intends to exceed such
requirements.
``(B) Grants.--The Secretary may make a grant to any
eligible State which submits an application in accordance
with subparagraph (A) of this paragraph for a fiscal year in
an amount equal to the Federal medical assistance percentage
of the amount (if any) by which the total expenditures of the
State to meet or exceed the requirements of section 407 for
the fiscal year exceeds the total expenditures of the State
during fiscal year 1994 to carry out part F (as in effect on
September 30, 1994).
``(C) Regulations.--The Secretary shall issue regulations
providing for the equitable distribution of funds under this
paragraph.
``(D) Appropriations.--
``(i) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary for grants under this
paragraph--
``(I) $150,000,000 for fiscal year 1999;
``(II) $850,000,000 for fiscal year 2000;
``(III) $900,000,000 for fiscal year 2001; and
``(IV) $1,100,000,000 for fiscal year 2002 and for each
succeeding fiscal year.
``(ii) Availability.--Amounts appropriated pursuant to
clause (i) shall remain available until expended.
``(b) Contingency Fund.--
``(1) Establishment.--There is hereby established in the
Treasury of the United States a fund which shall be known as
the `Contingency Fund for State Welfare Programs' (in this
section referred to as the `Fund').
``(2) Deposits into fund.--
``(A) Out of any money in the Treasury of the United States
not otherwise appropriated, there are appropriated for fiscal
years 1997, 1998, 1999, 2000, 2001 and 2002 such sums as are
necessary for payment to the Fund in a total amount not to
exceed $2,000,000,000, except as provided in subparagraphs
(B) and (C).
``(B) If--
``(i) the average rate of total unemployment in the United
States for the most recent 3 months for which data for all
States are available is not less than 7 percent; and
``(ii) there are insufficient amounts in the Fund to pay
all State claims under paragraph (4) for a quarter in that
fiscal year;
then there are appropriated for that fiscal year, in addition
to amounts appropriated under paragraph (2)(A), such sums as
equal the difference between the amount needed to pay all
State claims for that quarter and the amount remaining in the
Fund.
``(C) If--
``(i)(I)(aa) the average rate of total unemployment in a
State (seasonally adjusted) for the period consisting of the
most recent 3 months for which data for all States are
published is not less than 9 percent; or
[[Page 1527]]
``(bb) the average rate of total unemployment in such State
(seasonally adjusted) for the 3-month period is not less than
120 percent of such average rate for either of the prior 2
years; or
``(II) the average number of persons in the State receiving
assistance under the food stamp program, as defined in
section 3(h) of the Food Stamp Act of 1977, for the most
recent 3-month period for which data are available is not
less than 120 percent of such average monthly number for
fiscal year 1994 or for fiscal year 1995; and
``(ii) there are insufficient amounts in the Fund to pay
all State claims under paragraph (4) for a quarter in that
fiscal year; then
there are appropriated for payment to the Fund for that
fiscal year, in addition to amounts appropriated pursuant to
paragraph (2)(A), for payments to States described in this
subparagraph, the amount by which payments to such States
under paragraph (4) would otherwise be reduced under
paragraph (8).
``(3) Payments to states.--The method of computing and
paying amounts to States from the Fund under this subsection
shall be as follows:
``(A) The Secretary shall, before each quarter, estimate
the amount to be paid to each State for the quarter from the
Fund, such estimate to be based on--
``(i) a report filed by the State containing an estimate by
the State of qualifying State expenditures for the quarter;
and
``(ii) such other information as the Secretary may find
relevant and reliable.
``(B) The Secretary shall then certify to the Secretary of
the Treasury the amount so estimated by the Secretary.
``(C) The Secretary of the Treasury shall thereupon pay to
the State, at the time or times fixed by the Secretary, the
amount so certified.
``(4) Grants.--From amounts appropriated pursuant to
paragraph (2), the Secretary of the Treasury shall pay to
each eligible State for a fiscal year an amount equal to the
lesser of--
``(A) the Federal medical assistance percentage for the
State for the fiscal year (as defined in section 1905(b), as
in effect on September 30, 1995) of the amount, if any, by
which the expenditures of the State in the fiscal year under
the State program funded under this part and expenditures on
cash assistance under other State programs with respect to
eligible families (as defined in section
409(a)(5)(B)(i)(III)) exceed historic State expenditures (as
defined in section 409(a)(5)(B)(iii)); or
``(B) the number of percentage points (if any) by which 40
percent of the State family assistance grant for the fiscal
year exceeds any payment to the State for the fiscal year
under section 403(a)(3).
``(5) Annual reconciliation.--At the end of each fiscal
year, each State shall remit to the Secretary an amount equal
to the amount (if any) by which the total amount paid to the
State under paragraph (4) during the fiscal year exceeds the
lesser of--
``(A) the Federal medical assistance percentage for the
State for the fiscal year (as defined in section 1905(b), as
in effect on September 30, 1995) of the amount (if any) by
which the expenditures of the State in the fiscal year under
the State program funded under this part and expenditures on
cash assistance under other State programs with respect to
eligible families (as defined in section
409(a)(5)(B)(i)(III)) exceed historic State expenditures (as
defined in section 409(a)(5)(B)(iii)); or
``(B) the amount (if any) by which 40 percent of the State
family assistance grant for the fiscal year exceeds any
payment to the State for the fiscal year under section
403(a)(3).
``(6) Eligible state.--For purposes of this subsection, a
State is an eligible State for a fiscal year, if--
``(A)(i) the average rate of total unemployment in such
State (seasonally adjusted) for the period consisting of the
most recent 3 months for which data for all States are
published is not less than 6.5 percent; and
``(ii) the average rate of total unemployment in such State
(seasonally adjusted) for the 3-month period is not less than
110 percent of such average rate for either 1994 or 1995; or
``(B)(i) the average number of persons in the State
receiving assistance under the food stamp program, as defined
in section 3(h) of the Food Stamp Act of 1977, for the most
recent 3-month period for which data are available is not
less than 110 percent of the product of--
``(I) such average monthly number for either fiscal year
1994 or fiscal year 1995; and
``(II) the number of percentage points (if any) by which
100 percent exceeds the percentage by which the Bipartisan
Welfare Reform Act of 1996, had it been in effect, would have
reduced such average monthly number in such State in such
fiscal year, as most recently estimated by the Secretary of
Agriculture before the date of the enactment of such Act; and
``(ii) the State is not participating in the program
established under section 23(b) of the Food Stamp Act of
1977.
``(7) State.--As used in this subsection, the term `State'
means each of the 50 States of the United States and the
District of Columbia.
``(8) Payment priority.--Claims by States for payment from
the Fund shall be filed quarterly. If the total amount of
claims for any quarter exceeds the amount available for
payment from the fund, claims shall be paid on a pro rata
basis in a manner to be determined by the Secretary, except
in the case of a State described in paragraph (2)(C).
``(9) Annual reports.--The Secretary of the Treasury shall
annually report to Congress on the status of the Fund.
``SEC. 404. USE OF GRANTS.
``(a) General Rules.--Subject to this part, a State to
which a grant is made under section 403 may use the grant--
``(1) in any manner that is reasonably calculated to
accomplish the purpose of this part, including to provide low
income households with assistance in meeting home heating and
cooling costs; or
``(2) in any manner that the State was authorized to use
amounts received under part A or F, as such parts were in
effect on September 30, 1995.
``(b) Limitation on Use of Grant for Administrative
Purposes.--
``(1) Limitation.--A State to which a grant is made under
section 403 shall not expend more than 15 percent of the
grant for administrative purposes.
``(2) Exception.--Paragraph (1) shall not apply to the use
of a grant for information technology and computerization
needed for tracking or monitoring required by or under this
part.
``(c) Authority to Treat Interstate Immigrants Under Rules
of Former State.--A State operating a program funded under
this part may apply to a family the rules (including benefit
amounts) of the program funded under this part of another
State if the family has moved to the State from the other
State and has resided in the State for less than 12 months.
``(d) Authority to Use Portion of Grant for Other
Purposes.--
``(1) In general.--A State may use not more than 20 percent
of the amount of the grant made to the State under section
403 for a fiscal year to carry out a State program pursuant
to the Child Care and Development Block Grant Act of 1990.
``(2) Applicable rules.--Any amount paid to the State under
this part that is used to carry out a State program pursuant
to the Child Care and Development Block Grant Act of 1990
shall not be subject to the requirements of this part, but
shall be subject to the requirements that apply to Federal
funds provided directly under such Act to carry out the
program.
``(e) Authority to Reserve Certain Amounts for
Assistance.--A State may reserve amounts paid to the State
under this part for any fiscal year for the purpose of
providing, without fiscal year limitation, assistance under
the State program funded under this part.
``(f) Authority to Operate Employment Placement Program.--A
State to which a grant is made under section 403 may use the
grant to make payments (or provide job placement vouchers) to
State-approved public and private job placement agencies that
provide employment placement services to individuals who
receive assistance under the State program funded under this
part.
``(g) Implementation of Electronic Benefit Transfer
System.--A State to which a grant is made under section 403
is encouraged to implement an electronic benefit transfer
system for providing assistance under the State program
funded under this part, and may use the grant for such
purpose.
``SEC. 405. ADMINISTRATIVE PROVISIONS.
``(a) Quarterly.--The Secretary shall pay each grant
payable to a State under section 403 in quarterly
installments.
``(b) Notification.--Not later than 3 months before the
payment of any such quarterly installment to a State, the
Secretary shall notify the State of the amount of any
reduction determined under section 412(a)(1)(B) with respect
to the State.
``(c) Computation and Certification of Payments to
States.--
``(1) Computation.--The Secretary shall estimate the amount
to be paid to each eligible State for each quarter under this
part, such estimate to be based on a report filed by the
State containing an estimate by the State of the total sum to
be expended by the State in the quarter under the State
program funded under this part and such other information as
the Secretary may find necessary.
``(2) Certification.--The Secretary of Health and Human
Services shall certify to the Secretary of the Treasury the
amount estimated under paragraph (1) with respect to a State,
reduced or increased to the extent of any overpayment or
underpayment which the Secretary of Health and Human Services
determines was made under this part to the State for any
prior quarter and with respect to which adjustment has not
been made under this paragraph.
``(d) Payment Method.--Upon receipt of a certification
under subsection (c)(2) with respect to a State, the
Secretary of the Treasury shall, through the Fiscal Service
of the Department of the Treasury and before audit or
settlement by the General Accounting Office, pay to the
State, at the time or times fixed by the Secretary of Health
and Human Services, the amount so certified.
``(e) Collection of State Overpayments to Families From
Federal Tax Refunds.--
``(1) In general.--Upon receiving notice from the Secretary
of Health and Human Services that a State agency
administering a program funded under this part has notified
the Secretary that a named individual has been overpaid under
the State program funded under this part, the Secretary of
the
[[Page 1528]]
Treasury shall determine whether any amounts as refunds of
Federal taxes paid are payable to such individual, regardless
of whether the individual filed a tax return as a married or
unmarried individual. If the Secretary of the Treasury finds
that any such amount is so payable, the Secretary shall
withhold from such refunds an amount equal to the overpayment
sought to be collected by the State and pay such amount to
the State agency.
``(2) Regulations.--The Secretary of the Treasury shall
issue regulations, after review by the Secretary of Health
and Human Services, that provide--
``(A) that a State may only submit under paragraph (1)
requests for collection of overpayments with respect to
individuals--
``(i) who are no longer receiving assistance under the
State program funded under this part;
``(ii) with respect to whom the State has already taken
appropriate action under State law against the income or
resources of the individuals or families involved to collect
the past-due legally enforceable debt; and
``(iii) to whom the State agency has given notice of its
intent to request withholding by the Secretary of the
Treasury from the income tax refunds of such individuals;
``(B) that the Secretary of the Treasury will give a timely
and appropriate notice to any other person filing a joint
return with the individual whose refund is subject to
withholding under paragraph (1); and
``(C) the procedures that the State and the Secretary of
the Treasury will follow in carrying out this subsection
which, to the maximum extent feasible and consistent with the
provisions of this subsection, will be the same as those
issued pursuant to section 464(b) applicable to collection of
past-due child support.
``SEC. 406. FEDERAL LOANS FOR STATE WELFARE PROGRAMS.
``(a) Loan Authority.--
``(1) In general.--The Secretary shall make loans to any
loan-eligible State, for a period to maturity of not more
than 3 years.
``(2) Loan-eligible state.--As used in paragraph (1), the
term `loan-eligible State' means a State against which a
penalty has not been imposed under section 409(e).
``(b) Rate of Interest.--The Secretary shall charge and
collect interest on any loan made under this section at a
rate equal to the current average market yield on outstanding
marketable obligations of the United States with remaining
periods to maturity comparable to the period to maturity of
the loan.
``(c) Use of Loan.--A State shall use a loan made to the
State under this section only for any purpose for which grant
amounts received by the State under section 403(a) may be
used, including--
``(1) welfare anti-fraud activities; and
``(2) the provision of assistance under the State program
to Indian families that have moved from the service area of
an Indian tribe with a tribal family assistance plan approved
under section 412.
``(d) Limitation on Total Amount of Loans to a State.--The
cumulative dollar amount of all loans made to a State under
this section during fiscal years 1997 through 2001 shall not
exceed 10 percent of the State family assistance grant.
``(e) Limitation on Total Amount of Outstanding Loans.--The
total dollar amount of loans outstanding under this section
may not exceed $1,700,000,000.
``(f) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated such sums as may be necessary for the cost of
loans under this section.
``SEC. 407. MANDATORY WORK REQUIREMENTS; INDIVIDUAL
RESPONSIBILITY PLANS.
``(a) Participation Rate Requirements.--
``(1) All families.--A State to which a grant is made under
section 403 for a fiscal year shall achieve the minimum
participation rate specified in the following table for the
fiscal year with respect to all families receiving assistance
under the State program funded under this part:
The minimum
participation
``If the fiscal year is: rate is:
1997......................................................20
1998......................................................25
1999......................................................30
2000......................................................35
2001......................................................40
2002 or thereafter........................................50.
``(2) 2-parent families.--A State to which a grant is made
under section 403 for a fiscal year shall achieve the minimum
participation rate specified in the following table for the
fiscal year with respect to 2-parent families receiving
assistance under the State program funded under this part:
The minimum
participation
``If the fiscal year is: rate is:
1997......................................................75
1998......................................................75
1999 or thereafter........................................90.
``(b) Calculation of Participation Rates.--
``(1) All families.--
``(A) Average monthly rate.--For purposes of subsection
(a)(1), the participation rate for all families of a State
for a fiscal year is the average of the participation rates
for all families of the State for each month in the fiscal
year.
``(B) Monthly participation rates.--The participation rate
of a State for all families of the State for a month,
expressed as a percentage, is--
``(i) the number of families receiving assistance under the
State program funded under this part that include an adult
who is engaged in work for the month; divided by
``(ii) the amount by which--
``(I) the number of families receiving such assistance
during the month that include an adult receiving such
assistance; exceeds
``(II) the number of families receiving such assistance
that are subject in such month to a penalty described in
subsection (e)(1) but have not been subject to such penalty
for more than 3 months within the preceding 12-month period
(whether or not consecutive).
``(C) Special rule.--An individual shall be considered to
be engaged in work and to be an adult recipient of assistance
under a State program funded under this part for purposes of
subparagraph (B) for the first 6 months (whether or not
consecutive) after the first cessation of assistance to an
individual under the program during which the individual is
employed for an average of more than 25 hours per week in an
unsubsidized job in the private sector.
``(2) 2-parent families.--
``(A) Average monthly rate.--For purposes of subsection
(a)(2), the participation rate for 2-parent families of a
State for a fiscal year is the average of the participation
rates for 2-parent families of the State for each month in
the fiscal year.
``(B) Monthly participation rates.--The participation rate
of a State for 2-parent families of the State for a month
shall be calculated by use of the formula set forth in
paragraph (1)(B), except that in the formula the term `number
of 2-parent families' shall be substituted for the term
`number of families' each place such latter term appears.
``(3) Pro rata reduction of participation rate due to
caseload reductions not required by federal law.--
``(A) In general.--The Secretary shall prescribe
regulations for reducing the minimum participation rate
otherwise required by this section for a fiscal year by the
number of percentage points equal to the number of percentage
points (if any) by which--
``(i) the number of families receiving assistance during
the fiscal year under the State program funded under this
part is less than
``(ii) the number of families that received aid under the
State plan approved under part A (as in effect on September
30, 1995) during fiscal year 1994 or 1995, whichever is the
greater.
The minimum participation rate shall not be reduced to the
extent that the Secretary determines that the reduction in
the number of families receiving such assistance is required
by Federal law.
``(B) Eligibility changes not counted.--The regulations
described in subparagraph (A) shall not take into account
families that are diverted from a State program funded under
this part as a result of differences in eligibility criteria
under a State program funded under this part and eligibility
criteria under the State program operated under the State
plan approved under part A (as such plan and such part were
in effect on September 30, 1995). Such regulations shall
place the burden on the Secretary to prove that such families
were diverted as a direct result of differences in such
eligibility criteria.
``(4) State option to include individuals receiving
assistance under a tribal family assistance plan.--For
purposes of paragraphs (1)(B) and (2)(B), a State may, at its
option, include families receiving assistance under a tribal
family assistance plan approved under section 412.
``(5) State option for participation requirement
exemptions.--For any fiscal year, a State may, at its option,
not require an individual who is a single custodial parent
caring for a child who has not attained 12 months of age to
engage in work and may disregard such an individual in
determining the participation rates under subsection (a).
``(c) Engaged in Work.--
``(1) All families.--For purposes of subsection
(b)(1)(B)(i), a recipient is engaged in work for a month in a
fiscal year if the recipient is participating in such
activities for at least the minimum average number of hours
per week specified in the following table during the month,
not fewer than 20 hours per week of which are attributable to
an activity described in paragraph (1), (2), (3), (4), (5),
(7), or (8) of subsection (d) (or, if the participation of
the recipient in an activity described in subsection (d)(6)
has been taken into account for purposes of paragraph (1) or
(2) of subsection (b) for fewer than 4 weeks in the fiscal
year, an activity described in subsection (d)(6)):
The minimum
``If the month is average number of
in fiscal year: hours per week is:
1996......................................................20
1997......................................................20
1998......................................................20
1999 or thereafter....................................25.
``(2) 2-parent families.--For purposes of subsection
(b)(2)(B)(i), an adult is engaged in work for a month in a
fiscal year if the adult is making progress in such
activities for at least 25 hours per week during the month,
not fewer than 20 hours per week of which are attributable to
an activity described in paragraph (1), (2), (3), (4), (5),
(7), or (8) of subsection (d) (or, if the participation of
the recipient in an activity described in subsection (d)(6)
has been taken into account for pur
[[Page 1529]]
poses of paragraph (1) or (2) of subsection (b) for fewer
than 8 weeks (no more than 4 of which may be consecutive) in
the fiscal year, an activity described in subsection (d)(6)).
``(3) Limitation on vocational education activities counted
as work.--For purposes of determining monthly participation
rates under paragraphs (1)(B)(i) and (2)(B)(i) of subsection
(b), not more than 20 percent of adults in all families and
in 2-parent families determined to be engaged in work in the
State for a month may meet the work activity requirement
through participation in vocational educational training.
``(4) Option to reduce number of hours of work required of
single parents with a child under age 6.--Notwithstanding
paragraph (1), a State may reduce to 20 the number of hours
per week during which a single custodial parent is required
pursuant to this section to engage in work activities if the
family of the parent includes an individual who has not
attained 6 years of age.
``(d) Work Activities Defined.--As used in this section,
the term `work activities' means--
``(1) unsubsidized employment;
``(2) subsidized private sector employment;
``(3) subsidized public sector employment;
``(4) work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient
private sector employment is not available;
``(5) on-the-job training;
``(6) job search and job readiness assistance;
``(7) community service programs;
``(8) vocational educational training (not to exceed 12
months with respect to any individual);
``(9) job skills training directly related to employment;
``(10) education directly related to employment, in the
case of a recipient who has not received a high school
diploma or a certificate of high school equivalency; and
``(11) satisfactory attendance at secondary school, in the
case of a recipient who--
``(A) has not completed secondary school; and
``(B) is a dependent child, or a head of household who has
not attained 20 years of age.
``(e) Penalties Against Individuals.--
``(1) In general.--Except as provided in paragraph (2), if
an adult in a family receiving assistance under the State
program funded under this part refuses to engage in work
required in accordance with this section, the State shall--
``(A) reduce the amount of assistance otherwise payable to
the family pro rata (or more, at the option of the State)
with respect to any period during a month in which the adult
so refuses; or
``(B) terminate such assistance,
subject to such good cause and other exceptions as the State
may establish.
``(2) Exception.--Notwithstanding paragraph (1), a State
may not reduce or terminate assistance under the State
program funded under this part based on a refusal of an adult
to work if the adult is a single custodial parent caring for
a child who has not attained 11 years of age, and the adult
proves that the adult has a demonstrated inability (as
determined by the State) to obtain needed child care, for 1
or more of the following reasons:
``(A) Unavailability of appropriate child care within a
reasonable distance from the individual's home or work site.
``(B) Unavailability or unsuitability of informal child
care by a relative or under other arrangements.
``(C) Unavailability of appropriate and affordable formal
child care arrangements.
``(f) Nondisplacement in Work Activities.--
``(1) In general.--Subject to paragraph (2), an adult in a
family receiving assistance under a State program funded
under this part attributable to funds provided by the Federal
Government may fill a vacant employment position in order to
engage in a work activity described in subsection (d).
``(2) No filling of certain vacancies.--No adult in a work
activity described in subsection (d) which is funded, in
whole or in part, by funds provided by the Federal Government
shall be employed or assigned--
``(A) when any other individual is on layoff from the same
or any substantially equivalent job; or
``(B) if the employer has terminated the employment of any
regular employee or otherwise caused an involuntary reduction
of its workforce in order to fill the vacancy so created with
an adult described in paragraph (1).
``(3) No preemption.--Nothing in this subsection shall
preempt or supersede any provision of State or local law that
provides greater protection for employees from displacement.
``(g) Individual Responsibility Plans.--
``(1) Assessment.--The State agency responsible for
administering the State program funded under this part shall
make an initial assessment of the skills, prior work
experience, and employability of each applicant for, or
recipient of, assistance under the program who--
``(A) has attained 18 years of age; or
``(B) has not completed high school or obtained a
certificate of high school equivalency, and is not attending
secondary school.
``(2) Contents of plans.--
``(A) In general.--On the basis of the assessment made
under paragraph (1) with respect to an individual, the State
agency, in consultation with the individual, shall develop an
individual responsibility plan for the individual, which--
``(i) shall provide that participation by the individual in
job search activities shall be a condition of eligibility for
assistance under the State program funded under this part,
except during any period for which the individual is employed
full-time in an unsubsidized job in the private sector;
``(ii) sets forth an employment goal for the individual and
a plan for moving the individual immediately into private
sector employment;
``(iii) sets forth the obligations of the individual, which
may include a requirement that the individual attend school,
maintain certain grades and attendance, keep school age
children of the individual in school, immunize children,
attend parenting and money management classes, or do other
things that will help the individual become and remain
employed in the private sector;
``(iv) to the greatest extent possible shall be designed to
move the individual into whatever private sector employment
the individual is capable of handling as quickly as possible,
and to increase the responsibility and amount of work the
individual is to handle over time;
``(v) shall describe the services the State will provide
the individual so that the individual will be able to obtain
and keep employment in the private sector, and describe the
job counseling and other services that will be provided by
the State; and
``(vi) at the option of the State, may require the
individual to undergo appropriate substance abuse treatment.
``(B) Timing.--The State agency shall comply with
subparagraph (A) with respect to an individual--
``(i) within 90 days (or, at the option of the State, 180
days) after the effective date of this part, in the case of
an individual who, as of such effective date, is a recipient
of aid under the State plan approved under part A (as in
effect immediately before such effective date); or
``(ii) within 30 days (or, at the option of the State, 90
days) after the individual is determined to be eligible for
such assistance, in the case of any other individual.
``(3) Provision of program and employment information.--The
State shall inform all applicants for and recipients of
assistance under the State program funded under this part of
all available services under the program for which they are
eligible.
``(4) Penalty for noncompliance by individual.--The State
shall reduce, by such amount as the State considers
appropriate, the amount of assistance otherwise payable under
the State program funded under this part to a family that
includes an individual who fails without good cause to comply
with an individual responsibility plan signed by the
individual.
``(h) Sense of the Congress.--It is the sense of the
Congress that in complying with this section, each State that
operates a program funded under this part is encouraged to
assign the highest priority to requiring adults in 2-parent
families and adults in single-parent families that include
older preschool or school-age children to be engaged in work
activities.
``(i) Sense of the Congress That States Should Impose
Certain Requirements on Noncustodial, Nonsupporting Minor
Parents.--It is the sense of the Congress that the States
should require noncustodial, nonsupporting parents who have
not attained 18 years of age to fulfill community work
obligations and attend appropriate parenting or money
management classes after school.
``SEC. 408. PROHIBITIONS; REQUIREMENTS.
``(a) In General.--
``(1) No assistance for families without a minor child.--A
State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to a family,
unless the family includes--
``(A) a minor child who resides with a custodial parent or
other adult caretaker relative of the child; or
``(B) a pregnant individual.
``(2) No additional cash assistance for children born to
families receiving assistance.--
``(A) General rule.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
cash benefits for a minor child who is born to--
``(i) a recipient of assistance under the program operated
under this part; or
``(ii) a person who received such assistance at any time
during the 10-month period ending with the birth of the
child.
``(B) Exception for children born into families with no
other children.--Subparagraph (A) shall not apply to a minor
child who is born into a family that does not include any
other children.
``(C) Exception for vouchers.--Subparagraph (A) shall not
apply to vouchers which are provided in lieu of cash benefits
and which may be used only to pay for particular goods and
services specified by the State as suitable for the care of
the child involved.
``(D) Exception for rape or incest.--Subparagraph (A) shall
not apply with respect to a child who is born as a result of
rape or incest.
``(E) State election to opt out.--Subparagraph (A) shall
not apply to a State if State law specifically exempts the
State program funded under this part from the application of
subparagraph (A).
``(F) Substitution of family caps in effect under
waivers.--Subparagraph (A) shall not apply to a State--
``(i) if, as of the date of the enactment of this part,
there is in effect a waiver approved by the Secretary under
section 1115 which
[[Page 1530]]
permits the State to deny aid under the State plan approved
under part A of this title (as in effect without regard to
the amendments made by title I of the Bipartisan Welfare
Reform Act of 1996) to a family by reason of the birth of a
child to a family member otherwise eligible for such aid; and
``(ii) for so long as the State continues to implement such
policy under the State program funded under this part, under
rules prescribed by the State.
``(3) Reduction or elimination of assistance for
noncooperation in child support.--If the agency responsible
for administering the State plan approved under part D
determines that an individual is not cooperating with the
State in establishing, modifying, or enforcing a support
order with respect to a child of the individual, then the
State--
``(A) shall deduct from the assistance that would otherwise
be provided to the family of the individual under the State
program funded under this part the share of such assistance
attributable to the individual; and
``(B) may deny the family any assistance under the State
program.
``(4) No assistance for families not assigning certain
support rights to the state.--
``(A) In general.--A State to which a grant is made under
section 403 shall require, as a condition of providing
assistance to a family under the State program funded under
this part, that a member of the family assign to the State
any rights the family member may have (on behalf of the
family member or of any other person for whom the family
member has applied for or is receiving such assistance) to
support from any other person, not exceeding the total amount
of assistance so provided to the family, which accrue (or
have accrued) before the date the family leaves the program,
which assignment, on and after the date the family leaves the
program, shall not apply with respect to any support (other
than support collected pursuant to section 464) which accrued
before the family received such assistance and which the
State has not collected by--
``(i) September 30, 2000, if the assignment is executed on
or after October 1, 1997, and before October 1, 2000; or
``(ii) the date the family leaves the program, if the
assignment is executed on or after October 1, 2000.
``(B) Limitation.--A State to which a grant is made under
section 403 shall not require, as a condition of providing
assistance to any family under the State program funded under
this part, that a member of the family assign to the State
any rights to support described in subparagraph (A) which
accrue after the date the family leaves the program, except
to the extent necessary to enable the State to comply with
section 457.
``(5) No assistance for teenage parents who do not attend
high school or other equivalent training program.--A State to
which a grant is made under section 403 shall not use any
part of the grant to provide assistance to an individual who
has not attained 18 years of age, is not married, has a minor
child at least 12 weeks of age in his or her care, and has
not successfully completed a high-school education (or its
equivalent), if the individual does not participate in--
``(A) educational activities directed toward the attainment
of a high school diploma or its equivalent; or
``(B) an alternative educational or training program that
has been approved by the State.
``(6) No assistance for teenage parents not living in
adult-supervised settings.--
``(A) In general.--
``(i) Requirement.--Except as provided in subparagraph (B),
a State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to an
individual described in clause (ii) of this subparagraph if
the individual and the minor child referred to in clause
(ii)(II) do not reside in a place of residence maintained by
a parent, legal guardian, or other adult relative of the
individual as such parent's, guardian's, or adult relative's
own home.
``(ii) Individual described.--For purposes of clause (i),
an individual described in this clause is an individual who--
``(I) has not attained 18 years of age; and
``(II) is not married, and has a minor child in his or her
care.
``(B) Exception.--
``(i) Provision of, or assistance in locating, adult-
supervised living arrangement.--In the case of an individual
who is described in clause (ii), the State agency referred to
in section 402(a)(4) shall provide, or assist the individual
in locating, a second chance home, maternity home, or other
appropriate adult-supervised supportive living arrangement,
taking into consideration the needs and concerns of the
individual, unless the State agency determines that the
individual's current living arrangement is appropriate, and
thereafter shall require that the individual and the minor
child referred to in subparagraph (A)(ii)(II) reside in such
living arrangement as a condition of the continued receipt of
assistance under the State program funded under this part
attributable to funds provided by the Federal Government (or
in an alternative appropriate arrangement, should
circumstances change and the current arrangement cease to be
appropriate).
``(ii) Individual described.--For purposes of clause (i),
an individual is described in this clause if the individual
is described in subparagraph (A)(ii), and--
``(I) the individual has no parent, legal guardian or other
appropriate adult relative described in subclause (II) of his
or her own who is living or whose whereabouts are known;
``(II) no living parent, legal guardian, or other
appropriate adult relative, who would otherwise meet
applicable State criteria to act as the individual's legal
guardian, of such individual allows the individual to live in
the home of such parent, guardian, or relative;
``(III) the State agency determines that--
``(aa) the individual or the minor child referred to in
subparagraph (A)(ii)(II) is being or has been subjected to
serious physical or emotional harm, sexual abuse, or
exploitation in the residence of the individual's own parent
or legal guardian; or
``(bb) substantial evidence exists of an act or failure to
act that presents an imminent or serious harm if the
individual and the minor child lived in the same residence
with the individual's own parent or legal guardian; or
``(IV) the State agency otherwise determines that it is in
the best interest of the minor child to waive the requirement
of subparagraph (A) with respect to the individual or the
minor child.
``(iii) Second-chance home.--For purposes of this
subparagraph, the term `second-chance home' means an entity
that provides individuals described in clause (ii) with a
supportive and supervised living arrangement in which such
individuals are required to learn parenting skills, including
child development, family budgeting, health and nutrition,
and other skills to promote their long-term economic
independence and the well-being of their children.
``(7) No medical services.--
``(A) In general.--Except as provided in subparagraph (B),
a State to which a grant is made under section 403 shall not
use any part of the grant to provide medical services.
``(B) Exception for family planning services.--As used in
subparagraph (A), the term `medical services' does not
include family planning services.
``(8) No assistance for more than 5 years.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a State to which a grant is made under section 403
shall not use any part of the grant to provide cash
assistance to a family that includes an adult who has
received assistance under any State program funded under this
part attributable to funds provided by the Federal
Government, for 60 months (whether or not consecutive) after
the date the State program funded under this part commences.
``(B) Minor child exception.--In determining the number of
months for which an individual who is a parent or pregnant
has received assistance under the State program funded under
this part, the State shall disregard any month for which such
assistance was provided with respect to the individual and
during which the individual was--
``(i) a minor child; and
``(ii) not the head of a household or married to the head
of a household.
``(C) Hardship exception.--
``(i) In general.--The State may exempt a family from the
application of subparagraph (A) by reason of hardship or if
the family includes an individual who has been battered or
subjected to extreme cruelty.
``(ii) Limitation.--The number of families with respect to
which an exemption made by a State under clause (i) is in
effect for a fiscal year shall not exceed 20 percent of the
average monthly number of families to which assistance is
provided under the State program funded under this part.
``(iii) Battered or subject to extreme cruelty defined.--
For purposes of clause (i), an individual has been battered
or subjected to extreme cruelty if the individual has been
subjected to--
``(I) physical acts that resulted in, or threatened to
result in, physical injury to the individual;
``(II) sexual abuse;
``(III) sexual activity involving a dependent child;
``(IV) being forced as the caretaker relative of a
dependent child to engage in nonconsensual sexual acts or
activities;
``(V) threats of, or attempts at, physical or sexual abuse;
``(VI) mental abuse; or
``(VII) neglect or deprivation of medical care.
``(D) Rule of interpretation.--Subparagraph (A) shall not
be interpreted to require any State to provide assistance to
any individual for any period of time under the State program
funded under this part.
``(9) Denial of assistance for 10 years to a person found
to have fraudulently misrepresented residence in order to
obtain assistance in 2 or more states.--A State to which a
grant is made under section 403 shall not use any part of the
grant to provide cash assistance to an individual during the
10-year period that begins on the date the individual is
convicted in Federal or State court of having made a
fraudulent statement or representation with respect to the
place of residence of the individual in order to receive
assistance simultaneously from 2 or more States under
programs that are funded under this title, title XIX, or the
Food Stamp Act of 1977, or benefits in 2 or more States under
the supplemental security income program under title XVI.
``(10) Denial of assistance for fugitive felons and
probation and parole violators.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use
[[Page 1531]]
any part of the grant to provide assistance to any individual
who is--
``(i) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or an attempt
to commit a crime, which is a felony under the laws of the
place from which the individual flees, or which, in the case
of the State of New Jersey, is a high misdemeanor under the
laws of such State; or
``(ii) violating a condition of probation or parole imposed
under Federal or State law.
``(B) Exchange of information with law enforcement
agencies.--If a State to which a grant is made under section
403 establishes safeguards against the use or disclosure of
information about applicants or recipients of assistance
under the State program funded under this part, the
safeguards shall not prevent the State agency administering
the program from furnishing a Federal, State, or local law
enforcement officer, upon the request of the officer, with
the current address of any recipient if the officer furnishes
the agency with the name of the recipient and notifies the
agency that--
``(i) the recipient--
``(I) is described in subparagraph (A); or
``(II) has information that is necessary for the officer to
conduct the official duties of the officer; and
``(ii) the location or apprehension of the recipient is
within such official duties.
``(11) Denial of assistance for minor children who are
absent from the home for a significant period.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
assistance for a minor child who has been, or is expected by
a parent (or other caretaker relative) of the child to be,
absent from the home for a period of 45 consecutive days or,
at the option of the State, such period of not less than 30
and not more than 90 consecutive days as the State may
provide for in the State plan submitted pursuant to section
402.
``(B) State authority to establish good cause exceptions.--
The State may establish such good cause exceptions to
subparagraph (A) as the State considers appropriate if such
exceptions are provided for in the State plan submitted
pursuant to section 402.
``(C) Denial of assistance for relative who fails to notify
state agency of absence of child.--A State to which a grant
is made under section 403 shall not use any part of the grant
to provide assistance for an individual who is a parent (or
other caretaker relative) of a minor child and who fails to
notify the agency administering the State program funded
under this part of the absence of the minor child from the
home for the period specified in or provided for pursuant to
subparagraph (A), by the end of the 5-day period that begins
with the date that it becomes clear to the parent (or
relative) that the minor child will be absent for such period
so specified or provided for.
``(12) Income security payments not to be disregarded in
determining the amount of assistance to be provided to a
family.--If a State to which a grant is made under section
403 uses any part of the grant to provide assistance for any
individual who is receiving a payment under a State plan for
old-age assistance approved under section 2, a State program
funded under part B that provides cash payments for foster
care, or the supplemental security income program under title
XVI, then the State shall not disregard the payment in
determining the amount of assistance to be provided under the
State program funded under this part, from funds provided by
the Federal Government, to the family of which the individual
is a member.
``(13) Provision of vouchers to families denied cash
assistance due to state-imposed time limits.--
``(A) Requirement.--If a family is denied assistance under
the State program funded under this part by reason of a time
limit imposed by the State other than pursuant to paragraph
(8), the State shall provide vouchers to the family in
accordance with subparagraph (B).
``(B) Characteristics of vouchers.--The vouchers referred
to in subparagraph (A) shall be--
``(i) in an amount equal to the amount determined by the
State to meet the needs of only the child or children in the
family, which shall be determined in the same manner as the
State would otherwise determines the needs of the child or
children under the program;
``(ii) designed appropriately to pay a third party for
goods and services to be provided by the third party to the
child or children in the family; and
``(iii) redeemable by a third party described in clause
(ii) for a dollar amount equal to the amount of the voucher.
``(b) Aliens.--For special rules relating to the treatment
of aliens, see section 402 of the Bipartisan Welfare Reform
Act of 1996.
``SEC. 409. PENALTIES.
``(a) In General.--Subject to this section:
``(1) Failure to submit required report.--
``(A) In general.--If the Secretary determines that a State
has not, within 1 month after the end of a fiscal quarter,
submitted the report required by section 411(a) for the
quarter, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding
fiscal year by an amount equal to 4 percent of the State
family assistance grant.
``(B) Rescission of penalty.--The Secretary shall rescind a
penalty imposed on a State under subparagraph (A) with
respect to a report for a fiscal quarter if the State submits
the report before the end of the immediately succeeding
fiscal quarter.
``(2) Failure to participate in the income and eligibility
verification system.--If the Secretary determines that a
State program funded under this part is not participating
during a fiscal year in the income and eligibility
verification system required by section 1137, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) for the immediately succeeding fiscal year by an
amount equal to not more than 2 percent of the State family
assistance grant.
``(3) Failure to comply with paternity establishment and
child support enforcement requirements under part d.--
Notwithstanding any other provision of this Act, if the
Secretary determines that the State agency that administers a
program funded under this part does not enforce the penalties
requested by the agency administering part D against
recipients of assistance under the State program who fail to
cooperate in establishing paternity in accordance with such
part, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding
fiscal year (without regard to this section) by not more than
5 percent.
``(4) Failure to timely repay a federal loan fund for state
welfare programs.--If the Secretary determines that a State
has failed to repay any amount borrowed from the Federal Loan
Fund for State Welfare Programs established under section 406
within the period of maturity applicable to the loan, plus
any interest owed on the loan, the Secretary shall reduce the
grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter (without regard to
this section) by the outstanding loan amount, plus the
interest owed on the outstanding amount. The Secretary shall
not forgive any outstanding loan amount or interest owed on
the outstanding amount.
``(5) Failure of any state to maintain certain level of
historic effort.--
``(A) In general.--The Secretary shall reduce the grant
payable to the State under section 403(a)(1) for fiscal year
1997, 1998, 1999, 2000, 2001, or 2002 by the amount (if any)
by which qualified State expenditures for the then
immediately preceding fiscal year is less than the applicable
percentage of historic State expenditures with respect to the
fiscal year.
``(B) Definitions.--As used in this paragraph:
``(i) Qualified state expenditures.--
``(I) In general.--The term `qualified State expenditures'
means, with respect to a State and a fiscal year, the total
expenditures by the State during the fiscal year, under all
State programs, for any of the following with respect to
eligible families:
``(aa) Cash assistance.
``(bb) Child care assistance.
``(cc) Educational activities designed to increase self-
sufficiency, job training, and work, excluding any
expenditure for public education in the State except
expenditures which involve the provision of services or
assistance to a member of an eligible family which is not
generally available to persons who are not members of
eligible families.
``(dd) Administrative costs in connection with the matters
described in items (aa), (bb), (cc), and (ee), but only to
the extent that such costs do not exceed 15 percent of the
total amount of qualified State expenditures for the fiscal
year.
``(ee) Any other use of funds allowable under section
404(a)(1).
``(II) Exclusion of transfers from other state and local
programs.--Such term does not include expenditures under any
State or local program during a fiscal year, except to the
extent that--
``(aa) such expenditures exceed the amount expended under
the State or local program in the fiscal year most recently
ending before the date of the enactment of this part; or
``(bb) the State is entitled to a payment under former
section 403 (as in effect immediately before such date of
enactment) with respect to such expenditures.
``(III) Eligible families.--As used in subclause (I), the
term `eligible families' means families eligible for
assistance under the State program funded under this part,
and families who would be eligible for such assistance but
for the application of paragraph (2) or (8) of section 408(a)
of this Act or section 402 of the Bipartisan Welfare Reform
Act of 1996.
``(ii) Applicable percentage.--The term `applicable
percentage' means--
``(I) for fiscal year 1996, 85 percent; and
``(II) for fiscal years 1997, 1998, 1999, 2000, and 2001,
85 percent adjusted (if appropriate) in accordance with
subparagraph (C).
``(iii) Historic state expenditures.--The term `historic
State expenditures' means, with respect to a State and a
fiscal year specified in subparagraph (A), the lesser of--
``(I) the expenditures by the State under parts A and F (as
in effect during fiscal year 1994) for fiscal year 1994; or
``(II) the amount which bears the same ratio to the amount
described in subclause (I) as--
``(aa) the State family assistance grant for the fiscal
year immediately preceding the fiscal year specified in
subparagraph (A), plus the total amount required to be paid
to the State under former section 403 for fiscal year 1994
with respect to amounts expended by the State for child care
under subsection
[[Page 1532]]
(g) or (i) of section 402 (as in effect during fiscal year
1994); bears to
``(bb) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994.
Such term does not include any expenditures under the State
plan approved under part A (as so in effect) on behalf of
individuals covered by a tribal family assistance plan
approved under section 412, as determined by the Secretary.
``(iv) Expenditures by the state.--The term `expenditures
by the State' does not include--
``(I) any expenditures from amounts made available by the
Federal Government;
``(II) State funds expended for the medicaid program under
title XIX; or
``(III) any State funds which are used to match Federal
funds or are expended as a condition of receiving Federal
funds under Federal programs other than under this part.
``(C) Performance-based adjustments to applicable
percentage.--
``(i) Increase in maintenance of effort threshold for
failure to meet participation rates.--If the Secretary
determines that a State has failed to achieve the
participation rate required by section 407 for a fiscal year,
the Secretary shall increase the applicable percentage for
the State for the immediately succeeding fiscal year by not
more than 5 percentage points. In determining the amount of
any such increase, the Secretary shall take into account any
increase in the number of persons served by the State program
and any increase in the unemployment rate of the State, in
accordance with regulations which the Secretary shall
prescribe.
``(ii) Reduction in maintenance of effort threshold for
high performance states.--
``(I) Criteria.--The Secretary shall, by regulation,
establish measures of the effectiveness of the State program
funded under this part in moving recipients of assistance
under the program into full-time unsubsidized employment. In
developing the regulations, the Secretary shall take into
account the length of time former recipients of assistance
under the program remain employed, the earnings of such
former recipients who obtain private sector employment, the
total State caseload under the program, and the rate of
unemployment in the State.
``(II) Reduction of threshold.--The Secretary shall reduce
the applicable percentage for a State for a fiscal year by
not more than 5 percentage points if the Secretary determines
that the State achieved the participation rate required by
section 407 for the immediately preceding fiscal year and
exceeded such performance threshold as the Secretary may
establish under subclause (I) of this clause.
``(6) Substantial noncompliance of state child support
enforcement program with requirements of part d.--
``(A) In general.--If a State program operated under part D
is found as a result of a review conducted under section
452(a)(4) not to have complied substantially with the
requirements of such part for any quarter, and the Secretary
determines that the program is not complying substantially
with such requirements at the time the finding is made, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the quarter and each subsequent quarter
that ends before the 1st quarter throughout which the program
is found to be in substantial compliance with such
requirements by--
``(i) not less than 1 nor more than 2 percent;
``(ii) not less than 2 nor more than 3 percent, if the
finding is the 2nd consecutive such finding made as a result
of such a review; or
``(iii) not less than 3 nor more than 5 percent, if the
finding is the 3rd or a subsequent consecutive such finding
made as a result of such a review.
``(B) Disregard of noncompliance which is of a technical
nature.--For purposes of subparagraph (A) of this paragraph
and section 452(a)(4), a State which is not in full
compliance with the requirements of this part shall be
determined to be in substantial compliance with such
requirements only if the Secretary determines that any
noncompliance with such requirements is of a technical nature
which does not adversely affect the performance of the
State's program operated under part D.
``(7) Failure of state receiving amounts from contingency
fund to maintain 100 percent of historic effort.--If, at the
end of any fiscal year during which amounts from the
Contingency Fund for State Welfare Programs have been paid to
a State, the Secretary finds that the State has failed,
during the fiscal year, to expend under the State program
funded under this part an amount equal to at least 100
percent of the level of historic State expenditures (as
defined in paragraph (7)(B)(iii) of this subsection) with
respect to the fiscal year, the Secretary shall reduce the
grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by the total of the
amounts so paid to the State.
``(8) Failure to expend additional state funds to replace
grant reductions.--If the grant payable to a State under
section 403(a)(1) for a fiscal year is reduced by reason of
this subsection, the State shall, during the immediately
succeeding fiscal year, expend under the State program funded
under this part an amount equal to the total amount of such
reductions.
``(9) Failure to provide voucher assistance.--If the
Secretary determines that a State program funded under this
part has failed to comply with section 408(a)(13) during a
fiscal year, the Secretary shall reduce the grant payable to
the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount equal to the difference
between the amount the State would have expended on voucher
assistance pursuant to section 408(a)(13) during the fiscal
year in the absence of such noncompliance and the amount the
State expended on such voucher assistance during the fiscal
year.
``(10) Failure to provide transitional medical
assistance.--If the Secretary determines that a State has not
complied with section 408(a)(15) during a quarter, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding quarter by
an amount equal to 5 percent of the portion of the State
family assistance grant that is payable to the State for such
succeeding quarter.
``(b) Reasonable Cause Exception.--
``(1) In general.--The Secretary may not impose a penalty
on a State under subsection (a) with respect to a requirement
if the Secretary determines that the State has reasonable
cause for failing to comply with the requirement.
``(2) Exception.--Paragraph (1) of this subsection shall
not apply to any penalty under subsection (a)(5).
``(c) Corrective Compliance Plan.--
``(1) In general.--
``(A) Notification of violation.--Before imposing a penalty
against a State under subsection (a) with respect to a
violation of this part, the Secretary shall notify the State
of the violation and allow the State the opportunity to enter
into a corrective compliance plan in accordance with this
subsection which outlines how the State will correct the
violation and how the State will insure continuing compliance
with this part.
``(B) 60-day period to propose a corrective compliance
plan.--During the 60-day period that begins on the date the
State receives a notice provided under subparagraph (A) with
respect to a violation, the State may submit to the Federal
Government a corrective compliance plan to correct the
violation.
``(C) Consultation about modifications.--During the 60-day
period that begins with the date the Secretary receives a
corrective compliance plan submitted by a State in accordance
with subparagraph (B), the Secretary may consult with the
State on modifications to the plan.
``(D) Acceptance of plan.-- A corrective compliance plan
submitted by a State in accordance with subparagraph (B) is
deemed to be accepted by the Secretary if the Secretary does
not accept or reject the plan during 60-day period that
begins on the date the plan is submitted.
``(2) Effect of correcting violation.--The Secretary may
not impose any penalty under subsection (a) with respect to
any violation covered by a State corrective compliance plan
accepted by the Secretary if the State corrects the violation
pursuant to the plan.
``(3) Effect of failing to correct violation.--The
Secretary shall assess some or all of a penalty imposed on a
State under subsection (a) with respect to a violation if the
State does not, in a timely manner, correct the violation
pursuant to a State corrective compliance plan accepted by
the Secretary.
``(d) Limitation on Amount of Penalty.--
``(1) In general.--In imposing the penalties described in
subsection (a), the Secretary shall not reduce any quarterly
payment to a State by more than 25 percent.
``(2) Carryforward of unrecovered penalties.--To the extent
that paragraph (1) of this subsection prevents the Secretary
from recovering during a fiscal year the full amount of
penalties imposed on a State under subsection (a) of this
section for a prior fiscal year, the Secretary shall apply
any remaining amount of such penalties to the grant payable
to the State under section 403(a)(1) for the immediately
succeeding fiscal year.
``(e) Other Penalties.--If, after reasonable notice and
opportunity for hearing to the State agency administering or
supervising the administration of a State program funded
under this part, the Secretary finds that the State has
failed to comply substantially with any provision of this
part or of the State plan approved under section 402, the
Secretary shall, if subsection (a) does not apply to the
failure, notify the State agency that further payments will
not be made to the State under this part (or, in the
Secretary's discretion, that the payments will be reduced or
limited to categories under, or parts of, the State program
not affected by the failure) until the Secretary is satisfied
that there is no longer any such failure to comply. Until the
Secretary is so satisfied, the Secretary shall make no
further payments to the State (or shall reduce or limit
payments to categories under or parts of the State program
not affected by the failure).
``SEC. 410. APPEAL OF ADVERSE DECISION.
``(a) In General.--Within 5 days after the date the
Secretary takes any adverse action under this part with
respect to a State, the Secretary shall notify the chief
executive officer of the State of the adverse action,
including any action with respect to the State plan submitted
under section 402 or the imposition of a penalty under
section 409.
``(b) Administrative Review.--
``(1) In general.--Within 60 days after the date a State
receives notice under subsection (a) of an adverse action,
the State may appeal the action, in whole or in part, to the
Departmental Appeals Board established in
[[Page 1533]]
the Department of Health and Human Services (in this section
referred to as the `Board') by filing an appeal with the
Board.
``(2) Procedural rules.--The Board shall consider an appeal
filed by a State under paragraph (1) on the basis of such
documentation as the State may submit and as the Board may
require to support the final decision of the Board. In
deciding whether to uphold an adverse action or any portion
of such an action, the Board shall conduct a thorough review
of the issues and take into account all relevant evidence.
The Board shall make a final determination with respect to an
appeal filed under paragraph (1) not less than 60 days after
the date the appeal is filed.
``(c) Judicial Review of Adverse Decision.--
``(1) In general.--Within 90 days after the date of a final
decision by the Board under this section with respect to an
adverse action taken against a State, the State may obtain
judicial review of the final decision (and the findings
incorporated into the final decision) by filing an action
in--
``(A) the district court of the United States for the
judicial district in which the principal or headquarters
office of the State agency is located; or
``(B) the United States District Court for the District of
Columbia.
``(2) Procedural rules.--The district court in which an
action is filed under paragraph (1) shall review the final
decision of the Board on the record established in the
administrative proceeding, in accordance with the standards
of review prescribed by subparagraphs (A) through (E) of
section 706(2) of title 5, United States Code. The review
shall be on the basis of the documents and supporting data
submitted to the Board.
``SEC. 411. DATA COLLECTION AND REPORTING.
``(a) Quarterly Reports by States.--
``(1) General reporting requirement.--
``(A) Contents of report.--Beginning July 1, 1996, each
State shall collect on a monthly basis, and report to the
Secretary on a quarterly basis, the following disaggregated
case record information on the families receiving assistance
under the State program funded under this part:
``(i) The county of residence of the family.
``(ii) Whether a child receiving such assistance or an
adult in the family is disabled.
``(iii) The ages of the members of such families.
``(iv) The number of individuals in the family, and the
relation of each family member to the youngest child in the
family.
``(v) The employment status and earnings of the employed
adult in the family.
``(vi) The marital status of the adults in the family,
including whether such adults have never married, are
widowed, or are divorced.
``(vii) The race and educational status of each adult in
the family.
``(viii) The race and educational status of each child in
the family.
``(ix) Whether the family received subsidized housing,
medical assistance under the State plan approved under title
XIX, food stamps, or subsidized child care, and if the latter
2, the amount received.
``(x) The number of months that the family has received
each type of assistance under the program.
``(xi) If the adults participated in, and the number of
hours per week of participation in, the following activities:
``(I) Education.
``(II) Subsidized private sector employment.
``(III) Unsubsidized employment.
``(IV) Public sector employment, work experience, or
community service.
``(V) Job search.
``(VI) Job skills training or on-the-job training.
``(VII) Vocational education.
``(xii) Information necessary to calculate participation
rates under section 407.
``(xiii) The type and amount of assistance received under
the program, including the amount of and reason for any
reduction of assistance (including sanctions).
``(xiv) From a sample of closed cases, whether the family
left the program, and if so, whether the family left due to--
``(I) employment;
``(II) marriage;
``(III) the prohibition set forth in section 408(a)(8);
``(IV) sanction; or
``(V) State policy.
``(xv) Any amount of unearned income received by any member
of the family.
``(xvi) The citizenship of the members of the family.
``(B) Use of estimates.--
``(i) Authority.--A State may comply with subparagraph (A)
by submitting an estimate which is obtained through the use
of scientifically acceptable sampling methods approved by the
Secretary.
``(ii) Sampling and other methods.--The Secretary shall
provide the States with such case sampling plans and data
collection procedures as the Secretary deems necessary to
produce statistically valid estimates of the performance of
State programs funded under this part. The Secretary may
develop and implement procedures for verifying the quality of
data submitted by the States.
``(2) Report on use of federal funds to cover
administrative costs and overhead.--The report required by
paragraph (1) for a fiscal quarter shall include a statement
of the percentage of the funds paid to the State under this
part for the quarter that are used to cover administrative
costs or overhead.
``(3) Report on state expenditures on programs for needy
families.--The report required by paragraph (1) for a fiscal
quarter shall include a statement of the total amount
expended by the State during the quarter on programs for
needy families.
``(4) Report on noncustodial parents participating in work
activities.--The report required by paragraph (1) for a
fiscal quarter shall include the number of noncustodial
parents in the State who participated in work activities (as
defined in section 407(d)) during the quarter.
``(5) Report on transitional services.--The report required
by paragraph (1) for a fiscal quarter shall include the total
amount expended by the State during the quarter to provide
transitional services to a family that has ceased to receive
assistance under this part because of employment, along with
a description of such services.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to define the data elements
with respect to which reports are required by this
subsection.
``(b) Annual Reports to the Congress by the Secretary.--Not
later than 6 months after the end of fiscal year 1997, and
each fiscal year thereafter, the Secretary shall transmit to
the Congress a report describing--
``(1) whether the States are meeting--
``(A) the participation rates described in section 407(a);
and
``(B) the objectives of--
``(i) increasing employment and earnings of needy families,
and child support collections; and
``(ii) decreasing out-of-wedlock pregnancies and child
poverty;
``(2) the demographic and financial characteristics of
families applying for assistance, families receiving
assistance, and families that become ineligible to receive
assistance;
``(3) the characteristics of each State program funded
under this part; and
``(4) the trends in employment and earnings of needy
families with minor children living at home.
``SEC. 412. DIRECT FUNDING AND ADMINISTRATION BY INDIAN
TRIBES.
``(a) Grants for Indian Tribes.--
``(1) Tribal family assistance grant.--
``(A) In general.--For each of fiscal years 1997, 1998,
1999, and 2000, the Secretary shall pay to each Indian tribe
that has an approved tribal family assistance plan a tribal
family assistance grant for the fiscal year in an amount
equal to the amount determined under subparagraph (B), and
shall reduce the grant payable under section 403(a)(1) to any
State in which lies the service area or areas of the Indian
tribe by that portion of the amount so determined that is
attributable to expenditures by the State.
``(B) Amount determined.--
``(i) In general.--The amount determined under this
subparagraph is an amount equal to the total amount of the
Federal payments to a State or States under section 403 (as
in effect during such fiscal year) for fiscal year 1994
attributable to expenditures (other than child care
expenditures) by the State or States under parts A and F (as
so in effect) for fiscal year 1994 for Indian families
residing in the service area or areas identified by the
Indian tribe pursuant to subsection (b)(1)(C) of this
section.
``(ii) Use of state submitted data.--
``(I) In general.--The Secretary shall use State submitted
data to make each determination under clause (i).
``(II) Disagreement with determination.--If an Indian tribe
or tribal organization disagrees with State submitted data
described under subclause (I), the Indian tribe or tribal
organization may submit to the Secretary such additional
information as may be relevant to making the determination
under clause (i) and the Secretary may consider such
information before making such determination.
``(2) Grants for indian tribes that received jobs funds.--
``(A) In general.--The Secretary shall pay to each eligible
Indian tribe for each of fiscal years 1996, 1997, 1998, 1999,
and 2000 a grant in an amount equal to the amount received by
the Indian tribe in fiscal year 1994 under section 482(i) (as
in effect during fiscal year 1994).
``(B) Eligible indian tribe.--For purposes of subparagraph
(A), the term `eligible Indian tribe' means an Indian tribe
or Alaska Native organization that conducted a job
opportunities and basic skills training program in fiscal
year 1995 under section 482(i) (as in effect during fiscal
year 1995).
``(C) Use of grant.--Each Indian tribe to which a grant is
made under this paragraph shall use the grant for the purpose
of operating a program to make work activities available to
members of the Indian tribe.
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $7,638,474 for each fiscal year specified in
subparagraph (A) for grants under subparagraph (A).
``(b) 3-Year Tribal Family Assistance Plan.--
``(1) In general.--Any Indian tribe that desires to receive
a tribal family assistance grant shall submit to the
Secretary a 3-year tribal family assistance plan that--
``(A) outlines the Indian tribe's approach to providing
welfare-related services for the 3-year period, consistent
with this section;
``(B) specifies whether the welfare-related services
provided under the plan will be pro
[[Page 1534]]
vided by the Indian tribe or through agreements, contracts,
or compacts with intertribal consortia, States, or other
entities;
``(C) identifies the population and service area or areas
to be served by such plan;
``(D) provides that a family receiving assistance under the
plan may not receive duplicative assistance from other State
or tribal programs funded under this part;
``(E) identifies the employment opportunities in or near
the service area or areas of the Indian tribe and the manner
in which the Indian tribe will cooperate and participate in
enhancing such opportunities for recipients of assistance
under the plan consistent with any applicable State
standards; and
``(F) applies the fiscal accountability provisions of
section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to
the submission of a single-agency audit report required by
chapter 75 of title 31, United States Code.
``(2) Approval.--The Secretary shall approve each tribal
family assistance plan submitted in accordance with paragraph
(1).
``(3) Consortium of tribes.--Nothing in this section shall
preclude the development and submission of a single tribal
family assistance plan by the participating Indian tribes of
an intertribal consortium.
``(c) Minimum Work Participation Requirements and Time
Limits.--The Secretary, with the participation of Indian
tribes, shall establish for each Indian tribe receiving a
grant under this section minimum work participation
requirements, appropriate time limits for receipt of welfare-
related services under the grant, and penalties against
individuals--
``(1) consistent with the purposes of this section;
``(2) consistent with the economic conditions and resources
available to each tribe; and
``(3) similar to comparable provisions in section 407(d).
``(d) Emergency Assistance.--Nothing in this section shall
preclude an Indian tribe from seeking emergency assistance
from any Federal loan program or emergency fund.
``(e) Accountability.--Nothing in this section shall be
construed to limit the ability of the Secretary to maintain
program funding accountability consistent with--
``(1) generally accepted accounting principles; and
``(2) the requirements of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(f) Penalties.--Subsections (a)(4), (b), and (e) of
section 409 shall apply to an Indian tribe with an approved
tribal assistance plan in the same manner as such subsections
apply to a State.
``(g) Data Collection and Reporting.--Section 411 shall
apply to an Indian tribe with an approved tribal family
assistance plan.
``(h) Special Rule for Indian Tribes in Alaska.--
``(1) In general.--Notwithstanding any other provision of
this section, and except as provided in paragraph (2), an
Indian tribe in the State of Alaska that receives a tribal
family assistance grant under this section shall use the
grant to operate a program in accordance with requirements
comparable to the requirements applicable to the program of
the State of Alaska funded under this part. Comparability of
programs shall be established on the basis of program
criteria developed by the Secretary in consultation with the
State of Alaska and such Indian tribes.
``(2) Waiver.--An Indian tribe described in paragraph (1)
may apply to the appropriate State authority to receive a
waiver of the requirement of paragraph (1).
``SEC. 413. RESEARCH, EVALUATIONS, AND NATIONAL STUDIES.
``(a) Research.--The Secretary shall conduct research on
the benefits, effects, and costs of operating different State
programs funded under this part, including time limits
relating to eligibility for assistance. The research shall
include studies on the effects of different programs and the
operation of such programs on welfare dependency,
illegitimacy, teen pregnancy, employment rates, child well-
being, and any other area the Secretary deems appropriate.
The Secretary shall also conduct research on the costs and
benefits of State activities under section 409.
``(b) Development and Evaluation of Innovative Approaches
To Reducing Welfare Dependency and Increasing Child Well-
Being.--
``(1) In general.--The Secretary may assist States in
developing, and shall evaluate, innovative approaches for
reducing welfare dependency and increasing the well-being of
minor children living at home with respect to recipients of
assistance under programs funded under this part. The
Secretary may provide funds for training and technical
assistance to carry out the approaches developed pursuant to
this paragraph.
``(2) Evaluations.--In performing the evaluations under
paragraph (1), the Secretary shall, to the maximum extent
feasible, use random assignment as an evaluation methodology.
``(c) Dissemination of Information.--The Secretary shall
develop innovative methods of disseminating information on
any research, evaluations, and studies conducted under this
section, including the facilitation of the sharing of
information and best practices among States and localities
through the use of computers and other technologies.
``(d) Annual Ranking of States and Review of Most and Least
Successful Work Programs.--
``(1) Annual ranking of states.--The Secretary shall rank
annually the States to which grants are paid under section
403 in the order of their success in placing recipients of
assistance under the State program funded under this part
into long-term private sector jobs, reducing the overall
welfare caseload, and, when a practicable method for
calculating this information becomes available, diverting
individuals from formally applying to the State program and
receiving assistance. In ranking States under this
subsection, the Secretary shall take into account the average
number of minor children living at home in families in the
State that have incomes below the poverty line and the amount
of funding provided each State for such families.
``(2) Annual review of most and least successful work
programs.--The Secretary shall review the programs of the 3
States most recently ranked highest under paragraph (1) and
the 3 States most recently ranked lowest under paragraph (1)
that provide parents with work experience, assistance in
finding employment, and other work preparation activities and
support services to enable the families of such parents to
leave the program and become self-sufficient.
``(e) Annual Ranking of States and Review of Issues
Relating to Out-of-Wedlock Births.--
``(1) Annual ranking of states.--
``(A) In general.--The Secretary shall annually rank States
to which grants are made under section 403 based on the
following ranking factors:
``(i) Absolute out-of-wedlock ratios.--The ratio
represented by--
``(I) the total number of out-of-wedlock births in families
receiving assistance under the State program under this part
in the State for the most recent fiscal year for which
information is available; over
``(II) the total number of births in families receiving
assistance under the State program under this part in the
State for such year.
``(ii) Net changes in the out-of-wedlock ratio.--The
difference between the ratio described in subparagraph (A)(i)
with respect to a State for the most recent fiscal year for
which such information is available and the ratio with
respect to the State for the immediately preceding year.
``(2) Annual review.--The Secretary shall review the
programs of the 5 States most recently ranked highest under
paragraph (1) and the 5 States most recently ranked the
lowest under paragraph (1).
``(f) State-Initiated Evaluations.--A State shall be
eligible to receive funding to evaluate the State program
funded under this part if--
``(1) the State submits a proposal to the Secretary for the
evaluation;
``(2) the Secretary determines that the design and approach
of the evaluation is rigorous and is likely to yield
information that is credible and will be useful to other
States; and
``(3) unless otherwise waived by the Secretary, the State
contributes to the cost of the evaluation, from non-Federal
sources, an amount equal to at least 10 percent of the cost
of the evaluation.
``(g) Funding of Studies and Demonstrations.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $15,000,000 for each fiscal year specified in
section 403(a)(1) for the purpose of paying--
``(A) the cost of conducting the research described in
subsection (a);
``(B) the cost of developing and evaluating innovative
approaches for reducing welfare dependency and increasing the
well-being of minor children under subsection (b);
``(C) the Federal share of any State-initiated study
approved under subsection (f); and
``(D) an amount determined by the Secretary to be necessary
to operate and evaluate demonstration projects, relating to
this part, that are in effect or approved under section 1115
as of September 30, 1995, and are continued after such date.
``(2) Allocation.--Of the amount appropriated under
paragraph (1) for a fiscal year--
``(A) 50 percent shall be allocated for the purposes
described in subparagraphs (A) and (B) of paragraph (1), and
``(B) 50 percent shall be allocated for the purposes
described in subparagraphs (C) and (D) of paragraph (1).
``SEC. 414. STUDY BY THE CENSUS BUREAU.
``(a) In General.--The Bureau of the Census shall expand
the Survey of Income and Program Participation as necessary
to obtain such information as will enable interested persons
to evaluate the impact of the amendments made by title I of
the Bipartisan Welfare Reform Act of 1996 on a random
national sample of recipients of assistance under State
programs funded under this part and (as appropriate) other
low income families, and in doing so, shall pay particular
attention to the issues of out-of-wedlock birth, welfare
dependency, the beginning and end of welfare spells, and the
causes of repeat welfare spells.
``(b) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $10,000,000 for each of fiscal years 1996, 1997,
1998, 1999, 2000, 2001, and 2002 for payment to the Bureau of
the Census to carry out subsection (a).
``SEC. 415. WAIVERS.
``(a) Continuation of Waivers.--
[[Page 1535]]
``(1) Waivers in effect on date of enactment of welfare
reform.--Except as provided in paragraph (3), if any waiver
granted to a State under section 1115 or otherwise which
relates to the provision of assistance under a State plan
under this part (as in effect on September 30, 1995) is in
effect as of the date of the enactment of the Bipartisan
Welfare Reform Act of 1996, the amendments made by such Act
shall not apply with respect to the State before the
expiration (determined without regard to any extensions) of
the waiver to the extent such amendments are inconsistent
with the waiver.
``(2) Waivers granted subsequently.--Except as provided in
paragraph (3), if any waiver granted to a State under section
1115 or otherwise which relates to the provision of
assistance under a State plan under this part (as in effect
on September 30, 1995) is submitted to the Secretary before
the date of the enactment of the Bipartisan Welfare Reform
Act of 1996 and approved by the Secretary before the
effective date of this title, and the State demonstrates to
the satisfaction of the Secretary that the waiver will not
result in Federal expenditures under title IV of this Act (as
in effect without regard to the amendments made by the
Bipartisan Welfare Reform Act of 1996) that are greater than
would occur in the absence of the waiver, such amendments
shall not apply with respect to the State before the
expiration (determined without regard to any extensions) of
the waiver to the extent such amendments are inconsistent
with the waiver.
``(3) Financing limitation.--Notwithstanding any other
provision of law, beginning with fiscal year 1996, a State
operating under a waiver described in paragraph (1) shall be
entitled to payment under section 403 for the fiscal year, in
lieu of any other payment provided for in the waiver.
``(b) State Option To Terminate Waiver.--
``(1) In general.--A State may terminate a waiver described
in subsection (a) before the expiration of the waiver.
``(2) Report.--A State which terminates a waiver under
paragraph (1) shall submit a report to the Secretary
summarizing the waiver and any available information
concerning the result or effect of the waiver.
``(3) Hold harmless provision.--
``(A) In general.--Notwithstanding any other provision of
law, a State that, not later than the date described in
subparagraph (B), submits a written request to terminate a
waiver described in subsection (a) shall be held harmless for
accrued cost neutrality liabilities incurred under the
waiver.
``(B) Date described.--The date described in this
subparagraph is the later of--
``(i) January 1, 1996; or
``(ii) 90 days following the adjournment of the first
regular session of the State legislature that begins after
the date of the enactment of the Bipartisan Welfare Reform
Act of 1996.
``(c) Secretarial Encouragement of Current Waivers.--The
Secretary shall encourage any State operating a waiver
described in subsection (a) to continue the waiver and to
evaluate, using random sampling and other characteristics of
accepted scientific evaluations, the result or effect of the
waiver.
``(d) Continuation of Individual Waivers.--A State may
elect to continue 1 or more individual waivers described in
subsection (a).
``SEC. 416. ASSISTANT SECRETARY FOR FAMILY SUPPORT.
``The programs under this part and part D shall be
administered by an Assistant Secretary for Family Support
within the Department of Health and Human Services, who shall
be appointed by the President, by and with the advice and
consent of the Senate, and who shall be in addition to any
other Assistant Secretary of Health and Human Services
provided for by law.
``SEC. 417. DEFINITIONS.
``As used in this part:
``(1) Adult.--The term `adult' means an individual who is
not a minor child.
``(2) Minor child.--The term `minor child' means an
individual who--
``(A) has not attained 18 years of age; or
``(B) has not attained 19 years of age and is a full-time
student in a secondary school (or in the equivalent level of
vocational or technical training).
``(3) Fiscal year.--The term `fiscal year' means any 12-
month period ending on September 30 of a calendar year.
``(4) Indian, indian tribe, and tribal organization.--
``(A) In general.--Except as provided in subparagraph (B),
the terms `Indian', `Indian tribe', and `tribal organization'
have the meaning given such terms by section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) Special rule for indian tribes in alaska.--The term
`Indian tribe' means, with respect to the State of Alaska,
only the Metlakatla Indian Community of the Annette Islands
Reserve and the following Alaska Native regional nonprofit
corporations:
``(i) Arctic Slope Native Association.
``(ii) Kawerak, Inc.
``(iii) Maniilaq Association.
``(iv) Association of Village Council Presidents.
``(v) Tanana Chiefs Conference.
``(vi) Cook Inlet Tribal Council.
``(vii) Bristol Bay Native Association.
``(viii) Aleutian and Pribilof Island Association.
``(ix) Chugachmuit.
``(x) Tlingit Haida Central Council.
``(xi) Kodiak Area Native Association.
``(xii) Copper River Native Association.
``(5) State.--Except as otherwise specifically provided,
the term `State' means the 50 States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, and American
Samoa.''.
SEC. 104. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR
PRIVATE ORGANIZATIONS.
(a) In General.--
(1) State options.--A State may--
(A) administer and provide services under the programs
described in subparagraphs (A) and (B)(i) of paragraph (2)
through contracts with charitable, religious, or private
organizations; and
(B) provide beneficiaries of assistance under the programs
described in subparagraphs (A) and (B)(ii) of paragraph (2)
with certificates, vouchers, or other forms of disbursement
which are redeemable with such organizations.
(2) Programs described.--The programs described in this
paragraph are the following programs:
(A) A State program funded under part A of title IV of the
Social Security Act (as amended by section 103 of this Act).
(B) Any other program established or modified under title
I, II, or VI of this Act, that--
(i) permits contracts with organizations; or
(ii) permits certificates, vouchers, or other forms of
disbursement to be provided to beneficiaries, as a means of
providing assistance.
(b) Religious Organizations.--The purpose of this section
is to allow States to contract with religious organizations,
or to allow religious organizations to accept certificates,
vouchers, or other forms of disbursement under any program
described in subsection (a)(2), on the same basis as any
other nongovernmental provider without impairing the
religious character of such organizations, and without
diminishing the religious freedom of beneficiaries of
assistance funded under such program.
(c) Nondiscrimination Against Religious Organizations.--In
the event a State exercises its authority under subsection
(a), religious organizations are eligible, on the same basis
as any other private organization, as contractors to provide
assistance, or to accept certificates, vouchers, or other
forms of disbursement, under any program described in
subsection (a)(2) so long as the programs are implemented
consistent with the Establishment Clause of the United States
Constitution. Except as provided in subsection (k), neither
the Federal Government nor a State receiving funds under such
programs shall discriminate against an organization which is
or applies to be a contractor to provide assistance, or which
accepts certificates, vouchers, or other forms of
disbursement, on the basis that the organization has a
religious character.
(d) Religious Character and Freedom.--
(1) Religious organizations.--A religious organization with
a contract described in subsection (a)(1)(A), or which
accepts certificates, vouchers, or other forms of
disbursement under subsection (a)(1)(B), shall retain its
independence from Federal, State, and local governments,
including such organization's control over the definition,
development, practice, and expression of its religious
beliefs.
(2) Additional safeguards.--Neither the Federal Government
nor a State shall require a religious organization to--
(A) alter its form of internal governance; or
(B) remove religious art, icons, scripture, or other
symbols;
in order to be eligible to contract to provide assistance, or
to accept certificates, vouchers, or other forms of
disbursement, funded under a program described in subsection
(a)(2).
(e) Rights of Beneficiaries of Assistance.--
(1) In general.--If an individual described in paragraph
(2) has an objection to the religious character of the
organization or institution from which the individual
receives, or would receive, assistance funded under any
program described in subsection (a)(2), the State in which
the individual resides shall provide such individual (if
otherwise eligible for such assistance) within a reasonable
period of time after the date of such objection with
assistance from an alternative provider that is accessible to
the individual and the value of which is not less than the
value of the assistance which the individual would have
received from such organization.
(2) Individual described.--An individual described in this
paragraph is an individual who receives, applies for, or
requests to apply for, assistance under a program described
in subsection (a)(2).
(f) Employment Practices.--A religious organization's
exemption provided under section 702 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-1a) regarding employment practices
shall not be affected by its participation in, or receipt of
funds from, programs described in subsection (a)(2).
(g) Nondiscrimination Against Beneficiaries.--Except as
otherwise provided in law, a religious organization shall not
discriminate against an individual in regard to rendering
assistance funded under any program described in subsection
(a)(2) on the basis of religion, a religious belief, or
refusal to actively participate in a religious practice.
[[Page 1536]]
(h) Fiscal Accountability.--
(1) In general.--Except as provided in paragraph (2), any
religious organization contracting to provide assistance
funded under any program described in subsection (a)(2) shall
be subject to the same regulations as other contractors to
account in accord with generally accepted auditing principles
for the use of such funds provided under such programs.
(2) Limited audit.--If such organization segregates Federal
funds provided under such programs into separate accounts,
then only the financial assistance provided with such funds
shall be subject to audit.
(i) Compliance.--Any party which seeks to enforce its
rights under this section may assert a civil action for
injunctive relief exclusively in an appropriate State court
against the entity or agency that allegedly commits such
violation.
(j) Limitations on Use of Funds for Certain Purposes.--No
funds provided directly to institutions or organizations to
provide services and administer programs under subsection
(a)(1)(A) shall be expended for sectarian worship,
instruction, or proselytization.
(k) Preemption.--Nothing in this section shall be construed
to preempt any provision of a State constitution or State
statute that prohibits or restricts the expenditure of State
funds in or by religious organizations.
SEC. 105. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS
FOR THEIR GRANDCHILDREN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Commerce, in
carrying out section 141 of title 13, United States Code,
shall expand the data collection efforts of the Bureau of the
Census (in this section referred to as the ``Bureau'') to
enable the Bureau to collect statistically significant data,
in connection with its decennial census and its mid-decade
census, concerning the growing trend of grandparents who are
the primary caregivers for their grandchildren.
(b) Expanded Census Question.--In carrying out subsection
(a), the Secretary of Commerce shall expand the Bureau's
census question that details households which include both
grandparents and their grandchildren. The expanded question
shall be formulated to distinguish between the following
households:
(1) A household in which a grandparent temporarily provides
a home for a grandchild for a period of weeks or months
during periods of parental distress.
(2) A household in which a grandparent provides a home for
a grandchild and serves as the primary caregiver for the
grandchild.
SEC. 106. REPORT ON DATA PROCESSING.
(a) In General.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Congress a report
on--
(1) the status of the automated data processing systems
operated by the States to assist management in the
administration of State programs under part A of title IV of
the Social Security Act (whether in effect before or after
October 1, 1995); and
(2) what would be required to establish a system capable
of--
(A) tracking participants in public programs over time; and
(B) checking case records of the States to determine
whether individuals are participating in public programs of 2
or more States.
(b) Preferred Contents.--The report required by subsection
(a) should include--
(1) a plan for building on the automated data processing
systems of the States to establish a system with the
capabilities described in subsection (a)(2); and
(2) an estimate of the amount of time required to establish
such a system and of the cost of establishing such a system.
SEC. 107. STUDY ON ALTERNATIVE OUTCOMES MEASURES.
(a) Study.--The Secretary shall, in cooperation with the
States, study and analyze outcomes measures for evaluating
the success of the States in moving individuals out of the
welfare system through employment as an alternative to the
minimum participation rates described in section 407 of the
Social Security Act. The study shall include a determination
as to whether such alternative outcomes measures should be
applied on a national or a State-by-State basis and a
preliminary assessment of the effects of section 409(a)(5)(C)
of such Act.
(b) Report.--Not later than September 30, 1998, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives a report containing the findings of the study
required by subsection (a).
SEC. 108. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Amendments to Title II.--
(1) Section 205(c)(2)(C)(vi) (42 U.S.C. 405(c)(2)(C)(vi)),
as so redesignated by section 321(a)(9)(B) of the Social
Security Independence and Program Improvements Act of 1994,
is amended--
(A) by inserting ``an agency administering a program funded
under part A of title IV or'' before ``an agency operating'';
and
(B) by striking ``A or D of title IV of this Act'' and
inserting ``D of such title''.
(2) Section 228(d)(1) (42 U.S.C. 428(d)(1)) is amended by
inserting ``under a State program funded under'' before
``part A of title IV''.
(b) Amendment to Part B of Title IV.--Section 422(b)(2) (42
U.S.C. 622(b)(2)) is amended by striking ``under the State
plan approved'' and inserting ``under the State program
funded.''.
(c) Amendments to Part D of Title IV.--
(1) Section 451 (42 U.S.C. 651) is amended by striking
``aid'' and inserting ``assistance under a State program
funded''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) by striking ``aid to families with dependent children''
and inserting ``assistance under a State program funded under
part A'';
(B) by striking ``such aid'' and inserting ``such
assistance''; and
(C) by striking ``under section 402(a)(26) or'' and
inserting ``pursuant to section 408(a)(4) or under section''.
(3) Section 452(a)(10)(F) (42 U.S.C. 652(a)(10)(F)) is
amended--
(A) by striking ``aid under a State plan approved'' and
inserting ``assistance under a State program funded''; and
(B) by striking ``in accordance with the standards referred
to in section 402(a)(26)(B)(ii)'' and inserting ``by the
State''.
(4) Section 452(b) (42 U.S.C. 652(b)) is amended in the
first sentence by striking ``aid under the State plan
approved under part A'' and inserting ``assistance under the
State program funded under part A''.
(5) Section 452(d)(3)(B)(i) (42 U.S.C. 652(d)(3)(B)(i)) is
amended by striking ``1115(c)'' and inserting ``1115(b)''.
(6) Section 452(g)(2)(A)(ii)(I) (42 U.S.C.
652(g)(2)(A)(ii)(I)) is amended by striking ``aid is being
paid under the State's plan approved under part A or E'' and
inserting ``assistance is being provided under the State
program funded under part A''.
(7) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended in the matter following clause (iii) by striking
``aid was being paid under the State's plan approved under
part A or E'' and inserting ``assistance was being provided
under the State program funded under part A''.
(8) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended in
the matter following subparagraph (B)--
(A) by striking ``who is a dependent child'' and inserting
``with respect to whom assistance is being provided under the
State program funded under part A'';
(B) by inserting ``by the State agency administering the
State plan approved under this part'' after ``found''; and
(C) by striking ``under section 402(a)(26)'' and inserting
``with the State in establishing paternity''.
(9) Section 452(h) (42 U.S.C. 652(h)) is amended by
striking ``under section 402(a)(26)'' and inserting
``pursuant to section 408(a)(4)''.
(10) Section 453(c)(3) (42 U.S.C. 653(c)(3)) is amended by
striking ``aid under part A of this title'' and inserting
``assistance under a State program funded under part A''.
(11) Section 454(5)(A) (42 U.S.C. 654(5)(A)) is amended--
(A) by striking ``under section 402(a)(26)'' and inserting
``pursuant to section 408(a)(4)''; and
(B) by striking ``; except that this paragraph shall not
apply to such payments for any month following the first
month in which the amount collected is sufficient to make
such family ineligible for assistance under the State plan
approved under part A;'' and inserting a comma.
(12) Section 454(6)(D) (42 U.S.C. 654(6)(D)) is amended by
striking ``aid under a State plan approved'' and inserting
``assistance under a State program funded''.
(13) Section 456(a)(1) (42 U.S.C. 656(a)(1)) is amended by
striking ``under section 402(a)(26)''.
(14) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``402(a)(26)'' and inserting
``408(a)(4)''.
(15) Section 466(b)(2) (42 U.S.C. 666(b)(2)) is amended by
striking ``aid'' and inserting ``assistance under a State
program funded''.
(16) Section 469(a) (42 U.S.C. 669(a)) is amended--
(A) by striking ``aid under plans approved'' and inserting
``assistance under State programs funded''; and
(B) by striking ``such aid'' and inserting ``such
assistance''.
(d) Amendments to Part E of Title IV.--
(1) Section 470 (42 U.S.C. 670) is amended--
(A) by striking ``would be'' and inserting ``would have
been''; and
(B) by inserting ``(as such plan was in effect on March 1,
1996)'' after ``part A''.
(2) Section 471(17) (42 U.S.C. 671(17)) is amended by
striking ``plans approved under parts A and D'' and inserting
``program funded under part A and plan approved under part
D''.
(3) Section 472(a) (42 U.S.C. 672(a)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``would meet'' and inserting ``would have
met'';
(ii) by inserting ``(as such sections were in effect on
June 1, 1995)'' after ``407''; and
(iii) by inserting ``(as so in effect)'' after ``406(a)'';
and
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by inserting ``would have'' after ``(A)''; and
(II) by inserting ``(as in effect on June 1, 1995)'' after
``section 402''; and
(ii) in subparagraph (B)(ii), by inserting ``(as in effect
on June 1, 1995)'' after ``406(a)''.
(4) Section 472(h) (42 U.S.C. 672(h)) is amended to read as
follows:
``(h)(1) For purposes of title XIX, any child with respect
to whom foster care maintenance payments are made under this
section
[[Page 1537]]
shall be deemed to be a dependent child as defined in section
406 (as in effect as of June 1, 1995) and shall be deemed to
be a recipient of aid to families with dependent children
under part A of this title (as so in effect). For purposes of
title XX, any child with respect to whom foster care
maintenance payments are made under this section shall be
deemed to be a minor child in a needy family under a State
program funded under part A and shall be deemed to be a
recipient of assistance under such part.
``(2) For purposes of paragraph (1), a child whose costs in
a foster family home or child care institution are covered by
the foster care maintenance payments being made with respect
to the child's minor parent, as provided in section
475(4)(B), shall be considered a child with respect to whom
foster care maintenance payments are made under this
section.''.
(5) Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended--
(A) in subparagraph (A)(i)--
(i) by inserting ``(as such sections were in effect on June
1, 1995)'' after ``407'';
(ii) by inserting ``(as so in effect)'' after ``specified
in section 406(a)''; and
(iii) by inserting ``(as such section was in effect on June
1, 1995)'' after ``403'';
(B) in subparagraph (B)(i)--
(i) by inserting ``would have'' after ``(B)(i)''; and
(ii) by inserting ``(as in effect on June 1, 1995)'' after
``section 402''; and
(C) in subparagraph (B)(ii)(II), by inserting ``(as in
effect on June 1, 1995)'' after ``406(a)''.
(6) Section 473(b) (42 U.S.C. 673(b)) is amended to read as
follows:
``(b)(1) For purposes of title XIX, any child who is
described in paragraph (3) shall be deemed to be a dependent
child as defined in section 406 (as in effect as of June 1,
1995) and shall be deemed to be a recipient of aid to
families with dependent children under part A of this title
(as so in effect) in the State where such child resides.
``(2) For purposes of title XX, any child who is described
in paragraph (3) shall be deemed to be a minor child in a
needy family under a State program funded under part A and
shall be deemed to be a recipient of assistance under such
part.
``(3) A child described in this paragraph is any child--
``(A)(i) who is a child described in subsection (a)(2), and
``(ii) with respect to whom an adoption assistance
agreement is in effect under this section (whether or nor
adoption assistance payments are provided under the agreement
or are being made under this section), including any such
child who has been placed for adoption in accordance with
applicable State and local law (whether or not an
interlocutory or other judicial decree of adoption has been
issued), or
``(B) with respect to whom foster care maintenance payments
are being made under section 472.
``(4) For purposes of paragraphs (1) and (2), a child whose
costs in a foster family home or child-care institution are
covered by the foster care maintenance payments being made
with respect to the child's minor parent, as provided in
section 475(4)(B), shall be considered a child with respect
to whom foster care maintenance payments are being made under
section 472.''.
(e) Repeal of Part F of Title IV.--Part F of title IV (42
U.S.C. 681-687) is repealed.
(f) Amendment to Title X.--Section 1002(a)(7) (42 U.S.C.
1202(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under
section 402 of this Act'' and inserting ``assistance under a
State program funded under part A of title IV''.
(g) Amendments to Title XI.--
(1) Section 1108 (42 U.S.C. 1308) is amended--
(A) by redesignating subsection (c) as subsection (g);
(B) by striking all that precedes subsection (c) and
inserting the following:
``SEC. 1108. ADDITIONAL GRANTS TO PUERTO RICO, THE VIRGIN
ISLANDS, GUAM, AND AMERICAN SAMOA; LIMITATION
ON TOTAL PAYMENTS.
``(a) Limitation on Total Payments to Each Territory.--
Notwithstanding any other provision of this Act, the total
amount certified by the Secretary of Health and Human
Services under titles I, X, XIV, and XVI, under parts A and B
of title IV, and under subsection (b) of this section, for
payment to any territory for a fiscal year shall not exceed
the ceiling amount for the territory for the fiscal year.
``(b) Entitlement to Matching Grant.--
``(1) In general.--Each territory shall be entitled to
receive from the Secretary for each fiscal year a grant in an
amount equal to 75 percent of the amount (if any) by which--
``(A) the total expenditures of the territory during the
fiscal year under the territory programs funded under parts A
and B of title IV; exceeds
``(B) the sum of--
``(i) the total amount required to be paid to the territory
(other than with respect to child care) under former section
403 (as in effect on September 30, 1995) for fiscal year
1995, which shall be determined by applying subparagraphs (C)
and (D) of section 403(a)(1) to the territory;
``(ii) the total amount required to be paid to the
territory under former section 434 (as so in effect) for
fiscal year 1995; and
``(iii) the total amount expended by the territory during
fiscal year 1995 pursuant to parts A, B, and F of title IV
(as so in effect), other than for child care.
``(2) Use of grant.--Any territory to which a grant is made
under paragraph (1) may expend the amount under any program
operated or funded under any provision of law specified in
subsection (a).
``(c) Definitions.--As used in this section:
``(1) Territory.--The term `territory' means Puerto Rico,
the Virgin Islands, Guam, and American Samoa.
``(2) Ceiling amount.--The term `ceiling amount' means,
with respect to a territory and a fiscal year, the mandatory
ceiling amount with respect to the territory plus the
discretionary ceiling amount with respect to the territory,
reduced for the fiscal year in accordance with subsection
(f).
``(3) Mandatory ceiling amount.--The term `mandatory
ceiling amount' means--
``(A) $105,538,000 with respect to Puerto Rico;
``(B) $4,902,000 with respect to Guam;
``(C) $3,742,000 with respect to the Virgin Islands; and
``(D) $1,122,000 with respect to American Samoa.
``(4) Discretionary ceiling amount.--The term
`discretionary ceiling amount' means, with respect to a
territory and a fiscal year, the total amount appropriated
pursuant to subsection (d)(3) for the fiscal year for payment
to the territory.
``(5) Total amount expended by the territory.--The term
`total amount expended by the territory'--
``(A) does not include expenditures during the fiscal year
from amounts made available by the Federal Government; and
``(B) when used with respect to fiscal year 1995, also does
not include--
``(i) expenditures during fiscal year 1995 under subsection
(g) or (i) of section 402 (as in effect on September 30,
1995); or
``(ii) any expenditures during fiscal year 1995 for which
the territory (but for section 1108, as in effect on
September 30, 1995) would have received reimbursement from
the Federal Government.
``(d) Discretionary Grants.--
``(1) In general.--The Secretary shall make a grant to each
territory for any fiscal year in the amount appropriated
pursuant to paragraph (3) for the fiscal year for payment to
the territory.
``(2) Use of grant.--Any territory to which a grant is made
under paragraph (1) may expend the amount under any program
operated or funded under any provision of law specified in
subsection (a).
``(3) Limitation on authorization of appropriations.--For
grants under paragraph (1), there are authorized to be
appropriated to the Secretary for each fiscal year--
``(A) $7,951,000 for payment to Puerto Rico;
``(B) $345,000 for payment to Guam;
``(C) $275,000 for payment to the Virgin Islands; and
``(D) $190,000 for payment to American Samoa.
``(e) Authority to Transfer Funds Among Programs.--
Notwithstanding any other provision of this Act, any
territory to which an amount is paid under any provision of
law specified in subsection (a) may use part or all of the
amount to carry out any program operated by the territory, or
funded, under any other such provision of law.
``(f) Maintenance of Effort.--The ceiling amount with
respect to a territory shall be reduced for a fiscal year by
an amount equal to the amount (if any) by which--
``(1) the total amount expended by the territory under all
programs of the territory operated pursuant to the provisions
of law specified in subsection (a) (as such provisions were
in effect for fiscal year 1995) for fiscal year 1995; exceeds
``(2) the total amount expended by the territory under all
programs of the territory that are funded under the
provisions of law specified in subsection (a) for the fiscal
year that immediately precedes the fiscal year referred to in
the matter preceding paragraph (1).''; and
(C) by striking subsections (d) and (e).
(2) Section 1109 (42 U.S.C. 1309) is amended by striking
``or part A of title IV,''.
(3) Section 1115 (42 U.S.C. 1315) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) by striking ``403,'';
(iii) by striking the period at the end and inserting ``,
and''; and
(iv) by adding at the end the following new subparagraph:
``(B) costs of such project which would not otherwise be a
permissible use of funds under part A of title IV and which
are not included as part of the costs of projects under
section 1110, shall to the extent and for the period
prescribed by the Secretary, be regarded as a permissible use
of funds under such part.''; and
(B) in subsection (c)(3), by striking ``under the program
of aid to families with dependent children'' and inserting
``part A of such title''.
(4) Section 1116 (42 U.S.C. 1316) is amended--
(A) in each of subsections (a)(1), (b), and (d), by
striking ``or part A of title IV,''; and
(B) in subsection (a)(3), by striking ``404,''.
(5) Section 1118 (42 U.S.C. 1318) is amended--
(A) by striking ``403(a),'';
(B) by striking ``and part A of title IV,''; and
(C) by striking ``, and shall, in the case of American
Samoa, mean 75 per centum with respect to part A of title
IV''.
(6) Section 1119 (42 U.S.C. 1319) is amended--
(A) by striking ``or part A of title IV''; and
[[Page 1538]]
(B) by striking ``403(a),''.
(7) Section 1133(a) (42 U.S.C. 1320b-3(a)) is amended by
striking ``or part A of title IV,''.
(8) Section 1136 (42 U.S.C. 1320b-6) is repealed.
(9) Section 1137 (42 U.S.C. 1320b-7) is amended--
(A) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) any State program funded under part A of title IV of
this Act;''; and
(B) in subsection (d)(1)(B)--
(i) by striking ``In this subsection--'' and all that
follows through ``(ii) in'' and inserting ``In this
subsection, in'';
(ii) by redesignating subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii); and
(iii) by moving such redesignated material 2 ems to the
left.
(h) Amendment to Title XIV.--Section 1402(a)(7) (42 U.S.C.
1352(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under
section 402 of this Act'' and inserting ``assistance under a
State program funded under part A of title IV''.
(i) Amendment to Title XVI as in Effect With Respect to the
Territories.--Section 1602(a)(11), as in effect without
regard to the amendment made by section 301 of the Social
Security Amendments of 1972 (42 U.S.C. 1382 note), is amended
by striking ``aid under the State plan approved'' and
inserting ``assistance under a State program funded''.
(j) Amendment to Title XVI as in Effect With Respect to the
States.--Section 1611(c)(5)(A) (42 U.S.C. 1382(c)(5)(A)) is
amended to read as follows: ``(A) a State program funded
under part A of title IV,''.
(k) Amendment to Title XIX.--Section 1902(j) (42 U.S.C.
1396a(j)) is amended by striking ``1108(c)'' and inserting
``1108(g)''.
SEC. 109. CONFORMING AMENDMENTS TO THE FOOD STAMP ACT OF 1977
AND RELATED PROVISIONS.
(a) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014)
is amended--
(1) in the second sentence of subsection (a), by striking
``plan approved'' and all that follows through ``title IV of
the Social Security Act'' and inserting ``program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)'';
(2) in subsection (d)--
(A) in paragraph (5), by striking ``assistance to families
with dependent children'' and inserting ``assistance under a
State program funded''; and
(B) by striking paragraph (13) and redesignating paragraphs
(14), (15), and (16) as paragraphs (13), (14), and (15),
respectively;
(3) in subsection (j), by striking ``plan approved under
part A of title IV of such Act (42 U.S.C. 601 et seq.)'' and
inserting ``program funded under part A of title IV of the
Act (42 U.S.C. 601 et seq.)''; and
(4) by striking subsection (m).
(b) Section 6 of such Act (7 U.S.C. 2015) is amended--
(1) in subsection (c)(5), by striking ``the State plan
approved'' and inserting ``the State program funded''; and
(2) in subsection (e)(6), by striking ``aid to families
with dependent children'' and inserting ``benefits under a
State program funded''.
(c) Section 16(g)(4) of such Act (7 U.S.C. 2025(g)(4)) is
amended by striking ``State plans under the Aid to Families
with Dependent Children Program under'' and inserting ``State
programs funded under part A of''.
(d) Section 17 of such Act (7 U.S.C. 2026) is amended--
(1) in the first sentence of subsection (b)(1)(A), by
striking ``to aid to families with dependent children under
part A of title IV of the Social Security Act'' and inserting
``or are receiving assistance under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)''; and
(2) in subsection (b)(3), by adding at the end the
following new subparagraph:
``(I) The Secretary may not grant a waiver under this
paragraph on or after October 1, 1995. Any reference in this
paragraph to a provision of title IV of the Social Security
Act shall be deemed to be a reference to such provision as in
effect on September 30, 1995.'';
(e) Section 20 of such Act (7 U.S.C. 2029) is amended--
(1) in subsection (a)(2)(B) by striking ``operating--'' and
all that follows through ``(ii) any other'' and inserting
``operating any''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1) A household'' and inserting ``(b)
A household''; and
(ii) in subparagraph (B), by striking ``training program''
and inserting ``activity'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively.
(f) Section 5(h)(1) of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93-186; 7 U.S.C. 612c
note) is amended by striking ``the program for aid to
families with dependent children'' and inserting ``the State
program funded''.
(g) Section 9 of the National School Lunch Act (42 U.S.C.
1758) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(C)(ii)(II)--
(i) by striking ``program for aid to families with
dependent children'' and inserting ``State program funded'';
and
(ii) by inserting before the period at the end the
following: ``that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on March 1, 1996''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(ii)--
(I) by striking ``an AFDC assistance unit (under the aid to
families with dependent children program authorized'' and
inserting ``a family (under the State program funded''; and
(II) by striking ``, in a State'' and all that follows
through ``9902(2)))'' and inserting ``that the Secretary
determines complies with standards established by the
Secretary that ensure that the standards under the State
program are comparable to or more restrictive than those in
effect on March 1, 1996''; and
(ii) in subparagraph (B), by striking ``aid to families
with dependent children'' and inserting ``assistance under
the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) that the
Secretary determines complies with standards established by
the Secretary that ensure that the standards under the State
program are comparable to or more restrictive than those in
effect on March 1, 1996''; and
(2) in subsection (d)(2)(C)--
(A) by striking ``program for aid to families with
dependent children'' and inserting ``State program funded'';
and
(B) by inserting before the period at the end the
following: ``that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995''.
(h) Section 17(d)(2)(A)(ii)(II) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(2)(A)(ii)(II)) is amended--
(1) by striking ``program for aid to families with
dependent children established'' and inserting ``State
program funded''; and
(2) by inserting before the semicolon the following: ``that
the Secretary determines complies with standards established
by the Secretary that ensure that the standards under the
State program are comparable to or more restrictive than
those in effect on June 1, 1995''.
SEC. 110. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Subsection (b) of section 508 of the Unemployment
Compensation Amendments of 1976 (42 U.S.C. 603a; Public Law
94-566; 90 Stat. 2689) is amended to read as follows:
``(b) Provision for Reimbursement of Expenses.--For
purposes of section 455 of the Social Security Act, expenses
incurred to reimburse State employment offices for furnishing
information requested of such offices--
``(1) pursuant to the third sentence of section 3(a) of the
Act entitled `An Act to provide for the establishment of a
national employment system and for cooperation with the
States in the promotion of such system, and for other
purposes', approved June 6, 1933 (29 U.S.C. 49b(a)), or
``(2) by a State or local agency charged with the duty of
carrying a State plan for child support approved under part D
of title IV of the Social Security Act,
shall be considered to constitute expenses incurred in the
administration of such State plan.''.
(b) Section 9121 of the Omnibus Budget Reconciliation Act
of 1987 (42 U.S.C. 602 note) is repealed.
(c) Section 9122 of the Omnibus Budget Reconciliation Act
of 1987 (42 U.S.C. 602 note) is repealed.
(d) Section 221 of the Housing and Urban-Rural Recovery Act
of 1983 (42 U.S.C. 602 note), relating to treatment under
AFDC of certain rental payments for federally assisted
housing, is repealed.
(e) Section 159 of the Tax Equity and Fiscal Responsibility
Act of 1982 (42 U.S.C. 602 note) is repealed.
(f) Section 202(d) of the Social Security Amendments of
1967 (81 Stat. 882; 42 U.S.C. 602 note) is repealed.
(g) Section 903 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 11381 note),
relating to demonstration projects to reduce number of AFDC
families in welfare hotels, is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved'' and
inserting ``assistance under a State program funded''; and
(2) in subsection (c), by striking ``aid to families with
dependent children in the State under a State plan approved''
and inserting ``assistance in the State under a State program
funded''.
(h) The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended--
(1) in section 404C(c)(3) (20 U.S.C. 1070a-23(c)(3)), by
striking ``(Aid to Families with Dependent Children)''; and
(2) in section 480(b)(2) (20 U.S.C. 1087vv(b)(2)), by
striking ``aid to families with dependent children under a
State plan approved'' and inserting ``assistance under a
State program funded''.
(i) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.) is amended--
(1) in section 231(d)(3)(A)(ii) (20 U.S.C.
2341(d)(3)(A)(ii)), by striking ``the program for aid to
dependent children'' and inserting ``the State program
funded'';
(2) in section 232(b)(2)(B) (20 U.S.C. 2341a(b)(2)(B)), by
striking ``the program for aid to families with dependent
children'' and inserting ``the State program funded''; and
(3) in section 521(14)(B)(iii) (20 U.S.C.
2471(14)(B)(iii)), by striking ``the program for
[[Page 1539]]
aid to families with dependent children'' and inserting ``the
State program funded''.
(j) The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended--
(1) in section 1113(a)(5) (20 U.S.C. 6313(a)(5)), by
striking ``Aid to Families with Dependent Children Program''
and inserting ``State program funded under part A of title IV
of the Social Security Act'';
(2) in section 1124(c)(5) (20 U.S.C. 0634(c)(5)), by
striking ``the program of aid to families with dependent
children under a State plan approved under'' and inserting
``a State program funded under part A of''; and
(3) in section 5203(b)(2) (20 U.S.C. 7233(b)(2))--
(A) in subparagraph (A)(xi), by striking ``Aid to Families
with Dependent Children benefits'' and inserting ``assistance
under a State program funded under part A of title IV of the
Social Security Act''; and
(B) in subparagraph (B)(viii), by striking ``Aid to
Families with Dependent Children'' and inserting ``assistance
under the State program funded under part A of title IV of
the Social Security Act''.
(k) Chapter VII of title I of Public Law 99-88 (25 U.S.C.
13d-1) is amended to read as follows: ``Provided further,
That general assistance payments made by the Bureau of Indian
Affairs shall be made--
``(1) after April 29, 1985, and before October 1, 1995, on
the basis of Aid to Families with Dependent Children (AFDC)
standards of need; and
``(2) on and after October 1, 1995, on the basis of
standards of need established under the State program funded
under part A of title IV of the Social Security Act,
except that where a State ratably reduces its AFDC or State
program payments, the Bureau shall reduce general assistance
payments in such State by the same percentage as the State
has reduced the AFDC or State program payment.''.
(l) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)
is amended--
(1) in section 51(d)(9) (26 U.S.C. 51(d)(9)), by striking
all that follows ``agency as'' and inserting ``being eligible
for financial assistance under part A of title IV of the
Social Security Act and as having continually received such
financial assistance during the 90-day period which
immediately precedes the date on which such individual is
hired by the employer.'';
(2) in section 3304(a)(16) (26 U.S.C. 3304(a)(16)), by
striking ``eligibility for aid or services,'' and all that
follows through ``children approved'' and inserting
``eligibility for assistance, or the amount of such
assistance, under a State program funded'';
(3) in section 6103(l)(7)(D)(i) (26 U.S.C.
6103(l)(7)(D)(i)), by striking ``aid to families with
dependent children provided under a State plan approved'' and
inserting ``a State program funded'';
(4) in section 6103(l)(10) (26 U.S.C. 6103(l)(10))--
(A) by striking ``(c) or (d)'' each place it appears and
inserting ``(c), (d), or (e)''; and
(B) by adding at the end of subparagraph (B) the following
new sentence: ``Any return information disclosed with respect
to section 6402(e) shall only be disclosed to officers and
employees of the State agency requesting such information.'';
(5) in section 6103(p)(4) (26 U.S.C. 6103(p)(4)), in the
matter preceding subparagraph (A)--
(A) by striking ``(5), (10)'' and inserting ``(5)''; and
(B) by striking ``(9), or (12)'' and inserting ``(9), (10),
or (12)'';
(6) in section 6334(a)(11)(A) (26 U.S.C. 6334(a)(11)(A)),
by striking ``(relating to aid to families with dependent
children)'';
(7) in section 6402 (26 U.S.C. 6402)--
(A) in subsection (a), by striking ``(c) and (d)'' and
inserting ``(c), (d), and (e)'';
(B) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(C) by inserting after subsection (d) the following:
``(e) Collection of Overpayments Under Title IV-A of the
Social Security Act.--The amount of any overpayment to be
refunded to the person making the overpayment shall be
reduced (after reductions pursuant to subsections (c) and
(d), but before a credit against future liability for an
internal revenue tax) in accordance with section 405(e) of
the Social Security Act (concerning recovery of overpayments
to individuals under State plans approved under part A of
title IV of such Act).''; and
(8) in section 7523(b)(3)(C) (26 U.S.C. 7523(b)(3)(C)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under a State program funded under
part A of title IV of the Social Security Act''.
(m) Section 3(b) of the Wagner-Peyser Act (29 U.S.C.
49b(b)) is amended by striking ``State plan approved under
part A of title IV'' and inserting ``State program funded
under part A of title IV''.
(n) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.) is amended--
(1) in section 4(29)(A)(i) (29 U.S.C. 1503(29)(A)(i)), by
striking ``(42 U.S.C. 601 et seq.)'';
(2) in section 106(b)(6)(C) (29 U.S.C. 1516(b)(6)(C)), by
striking ``State aid to families with dependent children
records,'' and inserting ``records collected under the State
program funded under part A of title IV of the Social
Security Act,'';
(3) in section 121(b)(2) (29 U.S.C. 1531(b)(2))--
(A) by striking ``the JOBS program'' and inserting ``the
work activities required under title IV of the Social
Security Act''; and
(B) by striking the second sentence;
(4) in section 123(c) (29 U.S.C. 1533(c))--
(A) in paragraph (1)(E), by repealing clause (vi); and
(B) in paragraph (2)(D), by repealing clause (v);
(5) in section 203(b)(3) (29 U.S.C. 1603(b)(3)), by
striking ``, including recipients under the JOBS program'';
(6) in subparagraphs (A) and (B) of section 204(a)(1) (29
U.S.C. 1604(a)(1) (A) and (B)), by striking ``(such as the
JOBS program)'' each place it appears;
(7) in section 205(a) (29 U.S.C. 1605(a)), by striking
paragraph (4) and inserting the following:
``(4) the portions of title IV of the Social Security Act
relating to work activities;'';
(8) in section 253 (29 U.S.C. 1632)--
(A) in subsection (b)(2), by repealing subparagraph (C);
and
(B) in paragraphs (1)(B) and (2)(B) of subsection (c), by
striking ``the JOBS program or'' each place it appears;
(9) in section 264 (29 U.S.C. 1644)--
(A) in subparagraphs (A) and (B) of subsection (b)(1), by
striking ``(such as the JOBS program)'' each place it
appears; and
(B) in subparagraphs (A) and (B) of subsection (d)(3), by
striking ``and the JOBS program'' each place it appears;
(10) in section 265(b) (29 U.S.C. 1645(b)), by striking
paragraph (6) and inserting the following:
``(6) the portion of title IV of the Social Security Act
relating to work activities;'';
(11) in the second sentence of section 429(e) (29 U.S.C.
1699(e)), by striking ``and shall be in an amount that does
not exceed the maximum amount that may be provided by the
State pursuant to section 402(g)(1)(C) of the Social Security
Act (42 U.S.C. 602(g)(1)(C))'';
(12) in section 454(c) (29 U.S.C. 1734(c)), by striking
``JOBS and'';
(13) in section 455(b) (29 U.S.C. 1735(b)), by striking
``the JOBS program,'';
(14) in section 501(1) (29 U.S.C. 1791(1)), by striking
``aid to families with dependent children under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)''
and inserting ``assistance under the State program funded
under part A of title IV of the Social Security Act'';
(15) in section 506(1)(A) (29 U.S.C. 1791e(1)(A)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under the State program funded'';
(16) in section 508(a)(2)(A) (29 U.S.C. 1791g(a)(2)(A)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under the State program funded''; and
(17) in section 701(b)(2)(A) (29 U.S.C. 1792(b)(2)(A))--
(A) in clause (v), by striking the semicolon and inserting
``; and''; and
(B) by striking clause (vi).
(o) Section 3803(c)(2)(C)(iv) of title 31, United States
Code, is amended to read as follows:
``(iv) assistance under a State program funded under part A
of title IV of the Social Security Act''.
(p) Section 2605(b)(2)(A)(i) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)(i)) is
amended to read as follows:
``(i) assistance under the State program funded under part
A of title IV of the Social Security Act;''.
(q) Section 303(f)(2) of the Family Support Act of 1988 (42
U.S.C. 602 note) is amended--
(1) by striking ``(A)''; and
(2) by striking subparagraphs (B) and (C).
(r) The Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.) is amended--
(1) in the first section 255(h) (2 U.S.C. 905(h)), by
striking ``Aid to families with dependent children (75-0412-
0-1-609);'' and inserting ``Block grants to States for
temporary assistance for needy families;''; and
(2) in section 256 (2 U.S.C. 906)--
(A) by striking subsection (k); and
(B) by redesignating subsection (l) as subsection (k).
(s) The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended--
(1) in section 210(f) (8 U.S.C. 1160(f)), by striking ``aid
under a State plan approved under'' each place it appears and
inserting ``assistance under a State program funded under'';
(2) in section 245A(h) (8 U.S.C. 1255a(h))--
(A) in paragraph (1)(A)(i), by striking ``program of aid to
families with dependent children'' and inserting ``State
program of assistance''; and
(B) in paragraph (2)(B), by striking ``aid to families with
dependent children'' and inserting ``assistance under a State
program funded under part A of title IV of the Social
Security Act''; and
(3) in section 412(e)(4) (8 U.S.C. 1522(e)(4)), by striking
``State plan approved'' and inserting ``State program
funded''.
(t) Section 640(a)(4)(B)(i) of the Head Start Act (42
U.S.C. 9835(a)(4)(B)(i)) is amended by striking ``program of
aid to families with dependent children under a State plan
approved'' and inserting ``State program of assistance
funded''.
(u) Section 9 of the Act of April 19, 1950 (64 Stat. 47,
chapter 92; 25 U.S.C. 639) is repealed.
(v) Subparagraph (E) of section 213(d)(6) of the School-To-
Work Opportunities Act of 1994 (20 U.S.C. 6143(d)(6)) is
amended to read as follows:
``(E) part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) relating to work activities;''.
[[Page 1540]]
(w) Section 552a(a)(8)(B)(iv)(III) of title 5, United
States Code, is amended by striking ``section 464 or 1137 of
the Social Security Act'' and inserting ``section 404(e),
464, or 1137 of the Social Security Act.''.
SEC. 111. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD REQUIRED.
(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance with this section, develop a prototype of a
counterfeit-resistant social security card. Such prototype
card shall--
(A) be made of a durable, tamper-resistant material such as
plastic or polyester,
(B) employ technologies that provide security features,
such as magnetic stripes, holograms, and integrated circuits,
and
(C) be developed so as to provide individuals with reliable
proof of citizenship or legal resident alien status.
(2) Assistance by attorney general.--The Attorney General
of the United States shall provide such information and
assistance as the Commissioner deems necessary to enable the
Commissioner to comply with this section.
(b) Study and Report.--
(1) In general.--The Commissioner shall conduct a study and
issue a report to Congress which examines different methods
of improving the social security card application process.
(2) Elements of study.--The study shall include an
evaluation of the cost and work load implications of issuing
a counterfeit-resistant social security card for all
individuals over a 3-, 5-, and 10-year period. The study
shall also evaluate the feasibility and cost implications of
imposing a user fee for replacement cards and cards issued to
individuals who apply for such a card prior to the scheduled
3-, 5-, and 10-year phase-in options.
(3) Distribution of report.--The Commissioner shall submit
copies of the report described in this subsection along with
a facsimile of the prototype card as described in subsection
(a) to the Committees on Ways and Means and Judiciary of the
House of Representatives and the Committees on Finance and
Judiciary of the Senate within 1 year after the date of the
enactment of this Act.
SEC. 112. DISCLOSURE OF RECEIPT OF FEDERAL FUNDS.
(a) In General.--Whenever an organization that accepts
Federal funds under this Act or the amendments made by this
Act makes any communication that in any way intends to
promote public support or opposition to any policy of a
Federal, State, or local government through any broadcasting
station, newspaper, magazine, outdoor advertising facility,
direct mailing, or any other type of general public
advertising, such communication shall state the following:
``This was prepared and paid for by an organization that
accepts taxpayer dollars.''.
(b) Failure To Comply.--If an organization makes any
communication described in subsection (a) and fails to
provide the statement required by that subsection, such
organization shall be ineligible to receive Federal funds
under this Act or the amendments made by this Act.
(c) Definition.--For purposes of this section, the term
``organization'' means an organization described in section
501(c) of the Internal Revenue Code of 1986.
(d) Effective Dates.--This section shall take effect--
(1) with respect to printed communications 1 year after the
date of enactment of this Act; and
(2) with respect to any other communication on the date of
enactment of this Act.
SEC. 113. MODIFICATIONS TO THE JOB OPPORTUNITIES FOR CERTAIN
LOW-INCOME INDIVIDUALS PROGRAM.
Section 505 of the Family Support Act of 1988 (42 U.S.C.
1315 note) is amended--
(1) in the heading, by striking ``DEMONSTRATION'';
(2) by striking ``demonstration'' each place such term
appears;
(3) in subsection (a), by striking ``in each of fiscal
years'' and all that follows through ``10'' and inserting
``shall enter into agreements with'';
(4) in subsection (b)(3), by striking ``aid to families
with dependent children under part A of title IV of the
Social Security Act'' and inserting ``assistance under the
program funded part A of title IV of the Social Security Act
of the State in which the individual resides'';
(5) in subsection (c)--
(A) in paragraph (1)(C), by striking ``aid to families with
dependent children under part A of title IV of the Social
Security Act'' and inserting ``assistance under a State
program funded part A of title IV of the Social Security
Act'';
(B) in paragraph (2), by striking ``aid to families with
dependent children under title IV of such Act'' and inserting
``assistance under a State program funded part A of title IV
of the Social Security Act'';
(6) in subsection (d), by striking ``job opportunities and
basic skills training program (as provided for under title IV
of the Social Security Act)'' and inserting ``the State
program funded under part A of title IV of the Social
Security Act''; and
(7) by striking subsections (e) through (g) and inserting
the following:
``(e) Authorization of Appropriations.--For the purpose of
conducting projects under this section, there is authorized
to be appropriated an amount not to exceed $25,000,000 for
any fiscal year.''.
SEC. 114. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR
TECHNICAL AND CONFORMING AMENDMENTS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Health and Human Services and the
Commissioner of Social Security, in consultation, as
appropriate, with the heads of other Federal agencies, shall
submit to the appropriate committees of Congress a
legislative proposal proposing such technical and conforming
amendments as are necessary to bring the law into conformity
with the policy embodied in this title.
SEC. 115. APPLICATION OF CURRENT AFDC STANDARDS UNDER
MEDICAID PROGRAM.
(a) In General.--Title XIX is amended--
(1) by redesignating section 1931 as section 1932; and
(2) by inserting after section 1930 the following new
section:
``application of afdc standards and methodology
``Sec. 1931. (a)(1) Subject to the succeeding provisions of
this section, with respect to a State any reference in this
title (or other provision of law in relation to the operation
of this title) to a provision of part A of title IV, or a
State plan under such part (or a provision of such a plan),
including standards and methodologies for determining income
and resources under such part or plan, shall be considered a
reference to such a provision or plan as in effect as of July
1, 1996, with respect to the State.
``(2) In applying section 1925(a)(1), the reference to
`section 402(a)(8)(B)(ii)(II)' is deemed a reference to a
corresponding earning disregard rule (if any) established
under a State program funded under part A of title IV (as in
effect on and after October 1, 1996).
``(3) The provisions of section 406(h) (as in effect on
July 1, 1996) shall apply, in relation to this title, with
respect to individuals who receive assistance under a State
program funded under part A of title IV (as in effect on and
after October 1, 1996) and are eligible for medical
assistance under this title or who are described in
subsection (b)(1) in the same manner as they apply before
such date with respect to individuals who become ineligible
for aid to families with dependent children as a result
(wholly or partly) of the collection or increased collection
of child or spousal support under part D of title IV.
``(4) With respect to the reference in section 1902(a)(5)
to a State plan approved under part A of title IV, a State
may treat such reference as a reference either to a State
program funded under such part (as in effect on and after
October 1, 1996) or to the State plan under this title.
``(b)(1) For purposes of this title, subject to paragraph
(2), in determining eligibility for medical assistance, an
individual shall be deemed to be receiving aid or assistance
under a State plan approved under part A of title IV (and
shall be treated as meeting the income and resource standards
under such part) only if the individual meets--
``(A) the income and resource standards under such plan,
and
``(B) the eligibility requirements of such plan under
subsections (a) through (c) of section 406 and section
407(a),
as in effect as of July 1, 1996. Subject to paragraph (2)(B),
the income and resource methodologies under such plan as of
such date shall be used in the determination of whether any
individual meets income and resource standards under such
plan.
``(2) For purposes of applying this section, a State may--
``(A) lower its income standards applicable with respect to
part A of title IV, but not below the income standards
applicable under its State plan under such part on May 1,
1988; and
``(B) use income and resource standards or methodologies
that are less restrictive than the standards or methodologies
used under the State plan under such part as of July 1, 1996.
``(3) For purposes of applying this section, a State may,
subject to paragraph (4), treat all individuals (or
reasonable categories of individuals) receiving assistance
under the State program funded under part A of title IV (as
in effect on or after October 1, 1996) as individuals who are
receiving aid or assistance under a State plan approved under
part A of title IV (and thereby eligible for medical
assistance under this title).
``(4) For purposes of section 1925, an individual who is
receiving assistance under the State program funded under
part A of title IV (as in effect on or after October 1, 1996)
and is eligible for medical assistance under this title shall
be treated as an individual receiving aid or assistance
pursuant to a plan of the State approved under part A of
title IV (as in effect as of July 1, 1996) (and thereby
eligible for continuation of medical assistance under such
section).
``(c) In the case of a waiver of a provision of part A of
title IV in effect with respect to a State as of July 1,
1996, if the waiver affects eligibility of individuals for
medical assistance under this title, such waiver may (but
need not) continue to be applied, at the option of the State,
in relation to this title after the date the waiver would
otherwise expire. If a State elects not to continue to apply
such a waiver, then, after the date of the expiration of the
waiver, subsection (a) shall be applied as if any provisions
so waived had not been waived.
``(d) Nothing in this section, or part A of title IV, shall
be construed as preventing a State from providing for the
same application form for assistance under a State pro
[[Page 1541]]
gram funded under part A of title IV (on or after October 1,
1996) and for medical assistance under this title.
``(e) The provisions of this section shall apply
notwithstanding any other provision of this title.''.
(b) Plan Amendment.--Section 1902(a) (42 U.S.C. 1396a(a))
is amended--
(1) by striking ``and'' at the end of paragraph (61),
(2) by striking the period at the end of paragraph (62) and
inserting ``; and'', and
(3) by inserting after paragraph (62) the following new
paragraph:
``(63) provide for administration and determinations of
eligibility with respect to individuals who are (or seek to
be) eligible for medical assistance based on the application
of section 1931.''.
(c) Elimination of Requirement of Minimum AFDC Payment
Levels.--(1) Section 1902(c) (42 U.S.C. 1396a(c)) is amended
by striking ``if--'' and all that follows and inserting the
following: ``if the State requires individuals described in
subsection (l)(1) to apply for assistance under the State
program funded under part A of title IV as a condition of
applying for or receiving medical assistance under this
title.''.
(2) Section 1903(i) (42 U.S.C. 1396b(i)) is amended by
striking paragraph (9).
SEC. 116. EFFECTIVE DATE; TRANSITION RULE.
(a) In General.--Except as otherwise provided in this
title, this title and the amendments made by this title shall
take effect on October 1, 1996.
(b) Transition Rules.--
(1) State option to accelerate effective date.--
(A) In general.--If, within 3 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services receives from a State, a plan described in section
402(a) of the Social Security Act (as added by the amendment
made by section 103 of this Act), this title and the
amendments made by this title (except section 409(a)(5) of
the Social Security Act, as added by the amendment made by
such section 103) shall also apply with respect to the State
during the period that begins on the date the Secretary
approves the plan and ends on September 30, 1996, except that
the State shall be considered an eligible State for fiscal
year 1996 for purposes of part A of title IV of the Social
Security Act (as in effect pursuant to the amendment made by
such section 103).
(B) Limitations on federal obligations.--
(i) Under afdc program.--If the Secretary receives from a
State the plan referred to in subparagraph (A), the total
obligations of the Federal Government to the State under part
A of title IV of the Social Security Act (as in effect on
September 30, 1995) with respect to expenditures by the State
after the date of the enactment of this Act shall not exceed
an amount equal to--
(I) the State family assistance grant (as defined in
section 403(a)(1)(B) of the Social Security Act (as in effect
pursuant to the amendment made by section 103 of this Act));
minus
(II) any obligations of the Federal Government to the State
under part A of title IV of the Social Security Act (as in
effect on September 30, 1995) with respect to expenditures by
the State during the period that begins on October 1, 1995,
and ends on the day before the date of the enactment of this
Act.
(ii) Under temporary family assistance program.--
Notwithstanding section 403(a)(1) of the Social Security Act
(as in effect pursuant to the amendment made by section 103
of this Act), the total obligations of the Federal Government
to a State under such section 403(a)(1) for fiscal year 1996
after the termination of the State AFDC program shall not
exceed an amount equal to--
(I) the amount described in clause (i)(I) of this
subparagraph; minus
(II) any obligations of the Federal Government to the State
under part A of title IV of the Social Security Act (as in
effect on September 30, 1995) with respect to expenditures by
the State on or after October 1, 1995.
(iii) Child care obligations excluded in determining
federal afdc obligations.--As used in this subparagraph, the
term ``obligations of the Federal Government to the State
under part A of title IV of the Social Security Act'' does
not include any obligation of the Federal Government with
respect to child care expenditures by the State.
(C) Submission of state plan for fiscal year 1996 deemed
acceptance of grant limitations and formula.--The submission
of a plan by a State pursuant to subparagraph (A) is deemed
to constitute the State's acceptance of the grant reductions
under subparagraph (B)(ii) (including the formula for
computing the amount of the reduction).
(D) Definitions.--As used in this paragraph:
(i) State afdc program.--The term ``State AFDC program''
means the State program under parts A and F of title IV of
the Social Security Act (as in effect on September 30, 1995).
(ii) State.--The term ``State'' means the 50 States and the
District of Columbia.
(2) Claims, actions, and proceedings.--The amendments made
by this title shall not apply with respect to--
(A) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid, assistance, or services
provided before the effective date of this title under the
provisions amended; and
(B) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
(3) Closing out account for those programs terminated or
substantially modified by this title.--In closing out
accounts, Federal and State officials may use scientifically
acceptable statistical sampling techniques. Claims made with
respect to State expenditures under a State plan approved
under part A of title IV of the Social Security Act (as in
effect before the effective date of this Act) with respect to
assistance or services provided on or before September 30,
1995, shall be treated as claims with respect to expenditures
during fiscal year 1995 for purposes of reimbursement even if
payment was made by a State on or after October 1, 1995. Each
State shall complete the filing of all claims under the State
plan (as so in effect) no later than September 30, 1997. The
head of each Federal department shall--
(A) use the single audit procedure to review and resolve
any claims in connection with the close out of programs under
such State plans; and
(B) reimburse States for any payments made for assistance
or services provided during a prior fiscal year from funds
for fiscal year 1995, rather than from funds authorized by
this title.
(4) Continuance in office of assistant secretary for family
support.--The individual who, on the day before the effective
date of this title, is serving as Assistant Secretary for
Family Support within the Department of Health and Human
Services shall, until a successor is appointed to such
position--
(A) continue to serve in such position; and
(B) except as otherwise provided by law--
(i) continue to perform the functions of the Assistant
Secretary for Family Support under section 417 of the Social
Security Act (as in effect before such effective date); and
(ii) have the powers and duties of the Assistant Secretary
for Family Support under section 416 of the Social Security
Act (as in effect pursuant to the amendment made by section
103 of this Act).
TITLE II--SUPPLEMENTAL SECURITY INCOME
SEC. 200. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
Subtitle A--Eligibility Restrictions
SEC. 201. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDIVIDUALS
FOUND TO HAVE FRAUDULENTLY MISREPRESENTED
RESIDENCE IN ORDER TO OBTAIN BENEFITS
SIMULTANEOUSLY IN 2 OR MORE STATES.
(a) In General.--Section 1614(a) (42 U.S.C. 1382c(a)) is
amended by adding at the end the following new paragraph:
``(5) An individual shall not be considered an eligible
individual for the purposes of this title during the 10-year
period that begins on the date the individual is convicted in
Federal or State court of having made a fraudulent statement
or representation with respect to the place of residence of
the individual in order to receive assistance simultaneously
from 2 or more States under programs that are funded under
title IV, title XIX, or the Food Stamp Act of 1977, or
benefits in 2 or more States under the supplemental security
income program under this title.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 202. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS AND
PROBATION AND PAROLE VIOLATORS.
(a) In General.--Section 1611(e) (42 U.S.C. 1382(e)) is
amended by inserting after paragraph (3) the following new
paragraph:
``(4) A person shall not be considered an eligible
individual or eligible spouse for purposes of this title with
respect to any month if during such month the person is--
``(A) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the person flees, for a crime, or an attempt to
commit a crime, which is a felony under the laws of the place
from which the person flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(B) violating a condition of probation or parole imposed
under Federal or State law.''.
(b) Exchange of Information With Law Enforcement
Agencies.--Section 1611(e) (42 U.S.C. 1382(e)), as amended by
subsection (a), is amended by inserting after paragraph (4)
the following new paragraph:
``(5) Notwithstanding any other provision of law, the
Commissioner shall furnish any Federal, State, or local law
enforcement officer, upon the request of the officer, with
the current address, Social Security number, and photograph
(if applicable) of any recipient of benefits under this
title, if the officer furnishes the Commissioner with the
name of the recipient and notifies the Commissioner that--
``(A) the recipient--
``(i) is described in subparagraph (A) or (B) of paragraph
(4); or
``(ii) has information that is necessary for the officer to
conduct the officer's official duties; and
``(B) the location or apprehension of the recipient is
within the officer's official duties.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
[[Page 1542]]
SEC. 203. VERIFICATION OF ELIGIBILITY FOR CERTAIN SSI
DISABILITY BENEFITS.
Section 1631 (42 U.S.C. 1383) is amended by adding at the
end the following new subsection:
``(o)(1) Notwithstanding any other provision of law, if the
Commissioner of Social Security determines that an
individual, who is 18 years of age or older, is eligible to
receive benefits pursuant to section 1614(a)(3), the
Commissioner shall, at the time of the determination, either
exempt the individual from an eligibility review or establish
a schedule for reviewing the individual's continuing
eligibility in accordance with paragraph (2).
``(2)(A) The Commissioner shall establish a periodic review
with respect to the continuing eligibility of an individual
to receive benefits, unless the individual is exempt from
review under subparagraph (C) or is subject to a scheduled
review under subparagraph (B). A periodic review under this
subparagraph shall be initiated by the Commissioner not later
than 30 months after the date a determination is made that
the individual is eligible for benefits and every 30 months
thereafter, unless a waiver is granted under section
221(i)(2). However, the Commissioner shall not postpone the
initiation of a periodic review for more than 12 months in
any case in which such waiver has been granted unless exigent
circumstances require such postponement.
``(B)(i) In the case of an individual, other than an
individual who is exempt from review under subparagraph (C)
or with respect to whom subparagraph (A) applies, the
Commissioner shall schedule a review regarding the
individual's continuing eligibility to receive benefits at
any time the Commissioner determines, based on the evidence
available, that there is a significant possibility that the
individual may cease to be entitled to such benefits.
``(ii) The Commissioner may establish classifications of
individuals for whom a review of continuing eligibility is
scheduled based on the impairments that are the basis for
such individuals' eligibility for benefits. A review of an
individual covered by a classification shall be scheduled in
accordance with the applicable classification, unless the
Commissioner determines that applying such schedule is
inconsistent with the purpose of this Act or the integrity of
the supplemental security income program.
``(C)(i) The Commissioner may exempt an individual from
review under this subsection, if the individual's eligibility
for benefits is based on a condition that, as a practical
matter, has no substantial likelihood of improving to a point
where the individual will be able to perform substantial
gainful activity.
``(ii) The Commissioner may establish classifications of
individuals who are exempt from review under this subsection
based on the impairments that are the basis for such
individuals' eligibility for benefits. Notwithstanding any
such classification, the Commissioner may, at the time of
determining an individual's eligibility, schedule a review of
such individual's continuing eligibility if the Commissioner
determines that a review is necessary to preserve the
integrity of the supplemental security income program.
``(3) The Commissioner may revise a determination made
under paragraph (1) and schedule a review under paragraph
(2)(B), if the Commissioner obtains credible evidence that an
individual may no longer be eligible for benefits or the
Commissioner determines that a review is necessary to
maintain the integrity of the supplemental security income
program. Information obtained under section 1137 may be used
as the basis to schedule a review.
``(4)(A) The requirements of sections 1614(a)(4) and 1633
shall apply to reviews conducted under this subsection.
``(B) Such reviews may be conducted by the applicable State
agency or the Commissioner, whichever is appropriate.
``(5) Not later than 3 months after the date of the
enactment of this subsection, the Commissioner shall
establish a schedule for reviewing the continuing eligibility
of each individual who is receiving benefits pursuant to
section 1614(a)(3) on such date of enactment and who has
attained 18 years of age, unless such individual is exempt
under paragraph (2)(C). Such review shall be scheduled under
the procedures prescribed by or under paragraph (2), except
that the reviews shall be scheduled so that the eligibility
of \1/3\ of all such nonexempt individuals is reviewed within
1 year after such date of enactment, the eligibility of \1/3\
of such nonexempt individuals is reviewed within 1 year after
such date of enactment, and all remaining nonexempt
individuals who continue receiving benefits shall have their
eligibility reviewed within 3 years after such date of
enactment. Each individual determined eligible to continue
receiving benefits in a review scheduled under this paragraph
shall, at the time of the determination, be subject to
paragraph (2).''.
SEC. 204. TREATMENT OF PRISONERS.
(a) Implementation of Prohibition Against Payment of
Benefits to Prisoners.--
(1) In general.--Section 1611(e)(1) (42 U.S.C. 1382(e)(1))
is amended by adding at the end the following new
subparagraph:
``(I)(i) The Commissioner shall enter into a contract, with
any interested State or local institution referred to in
subparagraph (A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis, the names, social security account numbers,
dates of birth, and such other identifying information
concerning the inmates of the institution as the Commissioner
may require for the purpose of carrying out paragraph (1);
and
``(II) the Commissioner shall pay to any such institution,
with respect to each inmate of the institution who is
eligible for a benefit under this title for the month
preceding the first month throughout which such inmate is in
such institution and becomes ineligible for such benefit (or
becomes eligible only for a benefit payable at a reduced
rate) as a result of the application of this paragraph, an
amount not to exceed $400 if the institution furnishes the
information described in subclause (I) to the Commissioner
within 30 days after such individual becomes an inmate of
such institution, or an amount not to exceed $200 if the
institution furnishes such information after 30 days after
such date but within 90 days after such date.
``(ii) The provisions of section 552a of title 5, United
States Code, shall not apply to any contract entered into
under clause (i) or to information exchanged pursuant to such
contract.''.
(2) Conforming OASDI amendments.--Section 202(x)(3) (42
U.S.C. 402(x)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) The Commissioner shall enter into a contract, with
any interested State or local institution described in clause
(i) or (ii) of paragraph (1)(A) the primary purpose of which
is to confine individuals as described in paragraph (1)(A),
under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis, the names, social security account numbers,
dates of birth, and such other identifying information
concerning the individuals confined in the institution as the
Commissioner may require for the purpose of carrying out
paragraph (1); and
``(II) the Commissioner shall pay to any such institution,
with respect to each individual who is entitled to a benefit
under this title for the month preceding the first month
throughout which such individual is confined in such
institution as described in paragraph (1)(A), an amount not
to exceed $400 if the institution furnishes the information
described in subclause (I) to the Commissioner within 30 days
after the date such individual's confinement in such
institution begins, or an amount not to exceed $200 if the
institution furnishes such information after 30 days after
such date but within 90 days after such date.
``(ii) The provisions of section 552a of title 5, United
States Code, shall not apply to any contract entered into
under clause (i) or to information exchanged pursuant to such
contract.''.
(b) Denial of SSI Benefits for 10 Years to a Person Found
To Have Fraudulently Obtained SSI Benefits While in Prison.--
(1) In general.--Section 1611(e)(1) (42 U.S.C. 1382(e)(1)),
as amended by subsection (a)(1), is amended by adding at the
end the following new subparagraph:
``(J) In any case in which the Commissioner of Social
Security finds that a person has made a fraudulent statement
or representation in order to obtain or to continue to
receive benefits under this title while being an inmate in a
penal institution, such person shall not be considered an
eligible individual or eligible spouse for any month ending
during the 10-year period beginning on the date on which such
person ceases being such an inmate.''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to statements or representations
made on or after the date of the enactment of this Act.
(c) Elimination of OASDI Requirement That Confinement Stem
From Crime Punishable by Imprisonment for More Than 1 Year.--
(1) In general.--Section 202(x)(1)(A) (42 U.S.C.
402(x)(1)(A)) is amended--
(A) in the matter preceding clause (i), by striking
``during'' and inserting ``throughout'';
(B) in clause (i), by striking ``pursuant'' and all that
follows through ``imposed''; and
(C) in clause (ii)(I), by striking ``an offense punishable
by imprisonment for more than 1 year'' and inserting ``a
criminal offense''.
(2) Effective date.--The amendments made by this subsection
shall be effective with respect to benefits payable for
months beginning more than 180 days after the date of the
enactment of this Act.
(d) Study of Other Potential Improvements in the Collection
of Information Respecting Public Inmates.--
(1) Study.--The Commissioner of Social Security shall
conduct a study of the desirability, feasibility, and cost
of--
(A) establishing a system under which Federal, State, and
local courts would furnish to the Commissioner such
information respecting court orders by which individuals are
confined in jails, prisons, or other public penal,
correctional, or medical facilities as the Commissioner may
require for the purpose of carrying out sections 202(x) and
1611(e)(1) of the Social Security Act; and
(B) requiring that State and local jails, prisons, and
other institutions that enter into contracts with the
Commissioner under section 202(x)(3)(B) or 1611(e)(1)(I) of
the Social Security Act furnish the information required by
such contracts to the Commissioner by means of an electronic
or other sophisticated data exchange system.
[[Page 1543]]
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner of Social Security
shall submit a report on the results of the study conducted
pursuant to this subsection to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives.
SEC. 205. EFFECTIVE DATE OF APPLICATION FOR BENEFITS.
(a) In General.--Subparagraphs (A) and (B) of section
1611(c)(7) (42 U.S.C. 1382(c)(7)) are amended to read as
follows:
``(A) the first day of the month following the date such
application is filed, or
``(B) the first day of the month following the date such
individual becomes eligible for such benefits with respect to
such application.''.
(b) Special Rule Relating to Emergency Advance Payments.--
Section 1631(a)(4)(A) (42 U.S.C. 1383(a)(4)(A)) is amended--
(1) by inserting ``for the month following the date the
application is filed'' after ``is presumptively eligible for
such benefits''; and
(2) by inserting ``, which shall be repaid through
proportionate reductions in such benefits over a period of
not more than 6 months'' before the semicolon.
(c) Conforming Amendments.--
(1) Section 1614(b) (42 U.S.C. 1382c(b)) is amended by
striking ``at the time the application or request is filed''
and inserting ``on the first day of the month following the
date the application or request is filed''.
(2) Section 1631(g)(3) (42 U.S.C. 1382j(g)(3)) is amended
by inserting ``following the month'' after ``beginning with
the month''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to applications for benefits under title XVI of the
Social Security Act filed on or after the date of the
enactment of this Act, without regard to whether regulations
have been issued to implement such amendments.
(2) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
SEC. 206. INSTALLMENT PAYMENT OF LARGE PAST-DUE SUPPLEMENTAL
SECURITY INCOME BENEFITS.
(a) In General.--Section 1631(a) (42 U.S.C. 1383) is
amended by adding at the end the following new paragraph:
``(10)(A) If an individual is eligible for past-due monthly
benefits under this title in an amount that (after any
withholding for reimbursement to a State for interim
assistance under subsection (g)) equals or exceeds the
product of--
``(i) 12, and
``(ii) the maximum monthly benefit payable under this title
to an eligible individual (or, if appropriate, to an eligible
individual and eligible spouse),
then the payment of such past-due benefits (after any such
reimbursement to a State) shall be made in installments as
provided in subparagraph (B).
``(B)(i) The payment of past-due benefits subject to this
subparagraph shall be made in not to exceed 3 installments
that are made at 6-month intervals.
``(ii) Except as provided in clause (iii), the amount of
each of the first and second installments may not exceed an
amount equal to the product of clauses (i) and (ii) of
subparagraph (A).
``(iii) In the case of an individual who has--
``(I) outstanding debt attributable to--
``(aa) food,
``(bb) clothing,
``(cc) shelter, or
``(dd) medically necessary services, supplies or equipment,
or medicine; or
``(II) current expenses or expenses anticipated in the near
term attributable to--
``(aa) medically necessary services, supplies or equipment,
or medicine, or
``(bb) the purchase of a home, and
such debt or expenses are not subject to reimbursement by a
public assistance program, the Secretary under title XVIII, a
State plan approved under title XV or XIX, or any private
entity legally liable to provide payment pursuant to an
insurance policy, pre-paid plan, or other arrangement, the
limitation specified in clause (ii) may be exceeded by an
amount equal to the total of such debt and expenses.
``(C) This paragraph shall not apply to any individual who,
at the time of the Commissioner's determination that such
individual is eligible for the payment of past-due monthly
benefits under this title--
``(i) is afflicted with a medically determinable impairment
that is expected to result in death within 12 months; or
``(ii) is ineligible for benefits under this title and the
Commissioner determines that such individual is likely to
remain ineligible for the next 12 months.
``(D) For purposes of this paragraph, the term `benefits
under this title' includes supplementary payments pursuant to
an agreement for Federal administration under section
1616(a), and payments pursuant to an agreement entered into
under section 212(b) of Public Law 93-66.''.
(b) Conforming Amendment.--Section 1631(a)(1) (42 U.S.C.
1383(a)(1)) is amended by inserting ``(subject to paragraph
(10))'' immediately before ``in such installments''.
(c) Effective Date.--
(1) In general.--The amendments made by this section are
effective with respect to past-due benefits payable under
title XVI of the Social Security Act after the third month
following the month in which this Act is enacted.
(2) Benefits payable under title xvi.--For purposes of this
subsection, the term ``benefits payable under title XVI of
the Social Security Act'' includes supplementary payments
pursuant to an agreement for Federal administration under
section 1616(a) of the Social Security Act, and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66.
SEC. 207. RECOVERY OF SUPPLEMENTAL SECURITY INCOME
OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS.
(a) In General.--Part A of title XI is amended by adding at
the end the following new section:
``RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS
``Sec. 1146. (a) In General.--Whenever the Commissioner of
Social Security determines that more than the correct amount
of any payment has been made to any person under the
supplemental security income program authorized by title XVI,
and the Commissioner is unable to make proper adjustment or
recovery of the amount so incorrectly paid as provided in
section 1631(b), the Commissioner (notwithstanding section
207) may recover the amount incorrectly paid by decreasing
any amount which is payable under the Federal Old-Age and
Survivors Insurance program or the Federal Disability
Insurance program authorized by title II to that person or
that person's estate.
``(b) No Effect on SSI Benefit Eligibility or Amount.--
Notwithstanding subsections (a) and (b) of section 1611, in
any case in which the Commissioner takes action in accordance
with subsection (a) to recover an overpayment from any
person, neither that person, nor any individual whose
eligibility or benefit amount is determined by considering
any part of that person's income, shall, as a result of such
action--
``(1) become eligible under the program of supplemental
security income benefits under title XVI, or
``(2) if such person or individual is already so eligible,
become eligible for increased benefits thereunder.
``(c) Program Under Title XVI.--For purposes of this
section, the term `supplemental security income program
authorized by title XVI' includes supplementary payments
pursuant to an agreement for Federal administration under
section 1616(a), and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93-66.''.
(b) Conforming Amendments.--
(1) Section 204 (42 U.S.C. 404) is amended by adding at the
end the following new subsection:
``(g) For payments which are adjusted or withheld to
recover an overpayment of supplemental security income
benefits paid under title XVI (including State supplementary
payments which were paid under an agreement pursuant to
section 1616(a) or section 212(b) of Public Law 93-66), see
section 1146.''.
(2) Section 1631(b) is amended by adding at the end the
following new paragraph:
``(5) For the recovery of overpayments of benefits under
this title from benefits payable under title II, see section
1146.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to overpayments outstanding on or after such
date.
Subtitle B--Benefits for Disabled Children
SEC. 211. DEFINITION AND ELIGIBILITY RULES.
(a) Definition of Childhood Disability.--Section 1614(a)(3)
(42 U.S.C. 1382c(a)(3)) is amended--
(1) in subparagraph (A), by striking ``An individual'' and
inserting ``Except as provided in subparagraph (C), an
individual'';
(2) in subparagraph (A), by striking ``(or, in the case of
an individual under the age of 18, if he suffers from any
medically determinable physical or mental impairment of
comparable severity)'';
(3) by redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively;
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) An individual under the age of 18 shall be considered
disabled for the purposes of this title if that individual
has a medically determinable physical or mental impairment,
which results in marked and severe functional limitations,
and which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of
not less than 12 months.''; and
(5) in subparagraph (F), as so redesignated by paragraph
(3) of this subsection, by striking ``(D)'' and inserting
``(E)''.
(b) Changes to Childhood SSI Regulations.--
(1) Modification to medical criteria for evaluation of
mental and emotional disorders.--The Commissioner of Social
Security shall modify sections 112.00C.2. and 112.02B.2.c.(2)
of appendix 1 to subpart P of part 404 of title 20, Code of
Federal Regulations, to eliminate references to maladaptive
behavior in the domain of personal/behavorial function.
(2) Discontinuance of individualized functional
assessment.--The Commissioner of Social Security shall
discontinue the individualized functional assessment for
children set forth in sections 416.924d and 416.924e of title
20, Code of Federal Regulations.
[[Page 1544]]
(c) Effective Date; Regulations; Application to Current
Recipients.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply to applicants for benefits for months
beginning on or after the date of the enactment of this Act,
without regard to whether regulations have been issued to
implement such amendments.
(2) Regulations.--The Commissioner of Social Security shall
issue such regulations as the Commissioner determines to be
necessary to implement the amendments made by subsections (a)
and (b) not later than 60 days after the date of the
enactment of this Act.
(3) Application to current recipients.--
(A) Eligibility determinations.--Not later than 1 year
after the date of the enactment of this Act, the Commissioner
of Social Security shall redetermine the eligibility of any
individual under age 18 who is receiving supplemental
security income benefits based on a disability under title
XVI of the Social Security Act as of the date of the
enactment of this Act and whose eligibility for such benefits
may terminate by reason of the amendments made by subsection
(a) or (b). With respect to any redetermination under this
subparagraph--
(i) section 1614(a)(4) of the Social Security Act (42
U.S.C. 1382c(a)(4)) shall not apply;
(ii) the Commissioner of Social Security shall apply the
eligibility criteria for new applicants for benefits under
title XVI of such Act;
(iii) the Commissioner shall give such redetermination
priority over all continuing eligibility reviews and other
reviews under such title; and
(iv) such redetermination shall be counted as a review or
redetermination otherwise required to be made under section
208 of the Social Security Independence and Program
Improvements Act of 1994 or any other provision of title XVI
of the Social Security Act.
(B) Grandfather provision.--The amendments made by
subsections (a) and (b), and the redetermination under
subparagraph (A), shall only apply with respect to the
benefits of an individual described in subparagraph (A) for
months beginning on or after the date of redetermination with
respect to the individual.
(C) Notice.--Not later than 90 days after the date of the
enactment of this Act, the Commissioner of Social Security
shall notify an individual described in subparagraph (A) of
the provisions of this paragraph.
SEC. 212. ELIGIBILITY REDETERMINATIONS AND CONTINUING
DISABILITY REVIEWS.
(a) Continuing Disability Reviews Relating to Certain
Children.--Section 1614(a)(3)(H) (42 U.S.C. 1382c(a)(3)(H)),
as so redesignated by section 211(a)(3) of this Act, is
amended--
(1) by inserting ``(i)'' after ``(H)''; and
(2) by adding at the end the following new clause:
``(ii)(I) Not less frequently than once every 3 years, the
Commissioner shall review in accordance with paragraph (4)
the continued eligibility for benefits under this title of
each individual who has not attained 18 years of age and is
eligible for such benefits by reason of an impairment (or
combination of impairments) which may improve (or, which is
unlikely to improve, at the option of the Commissioner).
``(II) A parent or guardian of a recipient whose case is
reviewed under this clause shall present, at the time of
review, evidence demonstrating that the recipient is, and has
been, receiving treatment, to the extent considered medically
necessary and available, of the condition which was the basis
for providing benefits under this title.''.
(b) Disability Eligibility Redeterminations Required for
SSI Recipients Who Attain 18 Years of Age.--
(1) In general.--Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as so redesignated by section 211(a)(3) of
this Act and as amended by subsection (a) of this section, is
amended by adding at the end the following new clause:
``(iii) If an individual is eligible for benefits under
this title by reason of disability for the month preceding
the month in which the individual attains the age of 18
years, the Commissioner shall redetermine such eligibility--
``(I) during the 1-year period beginning on the
individual's 18th birthday; and
``(II) by applying the criteria used in determining the
initial eligibility for applicants who have attained the age
of 18 years.
With respect to a redetermination under this clause,
paragraph (4) shall not apply and such redetermination shall
be considered a substitute for a review or redetermination
otherwise required under any other provision of this
subparagraph during that 1-year period.''.
(2) Conforming repeal.--Section 207 of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C.
1382 note; 108 Stat. 1516) is hereby repealed.
(c) Continuing Disability Review Required for Low Birth
Weight Babies.--Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as so redesignated by section 211(a)(3) of
this Act and as amended by subsections (a) and (b) of this
section, is amended by adding at the end the following new
clause:
``(iv)(I) Not later than 12 months after the birth of an
individual, the Commissioner shall review in accordance with
paragraph (4) the continuing eligibility for benefits under
this title by reason of disability of such individual whose
low birth weight is a contributing factor material to the
Commissioner's determination that the individual is disabled.
``(II) A review under subclause (I) shall be considered a
substitute for a review otherwise required under any other
provision of this subparagraph during that 12-month period.
``(III) A parent or guardian of a recipient whose case is
reviewed under this clause shall present, at the time of
review, evidence demonstrating that the recipient is, and has
been, receiving treatment, to the extent considered medically
necessary and available, of the condition which was the basis
for providing benefits under this title.''.
(d) Effective Date.--The amendments made by this section
shall apply to benefits for months beginning on or after the
date of the enactment of this Act, without regard to whether
regulations have been issued to implement such amendments.
(e) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
for the conduct of continuing disability reviews pursuant to
the amendments made by this section--
(1) $200,000,000 for fiscal year 1997;
(2) $75,000,000 for fiscal year 1998; and
(3) $25,000,000 for fiscal year 1999.
SEC. 213. ADDITIONAL ACCOUNTABILITY REQUIREMENTS.
(a) Tightening of Representative Payee Requirements.--
(1) Clarification of role.--Section 1631(a)(2)(B)(ii) (42
U.S.C. 1383(a)(2)(B)(ii)) is amended by striking ``and'' at
the end of subclause (II), by striking the period at the end
of subclause (IV) and inserting ``; and'', and by adding
after subclause (IV) the following new subclause:
``(V) advise such person through the notice of award of
benefits, and at such other times as the Commissioner of
Social Security deems appropriate, of specific examples of
appropriate expenditures of benefits under this title and the
proper role of a representative payee.''.
(2) Documentation of expenditures required.--
(A) In general.--Subparagraph (C)(i) of section 1631(a)(2)
(42 U.S.C. 1383(a)(2)) is amended to read as follows:
``(C)(i) In any case where payment is made to a
representative payee of an individual or spouse, the
Commissioner of Social Security shall--
``(I) require such representative payee to document
expenditures and keep contemporaneous records of transactions
made using such payment; and
``(II) implement statistically valid procedures for
reviewing a sample of such contemporaneous records in order
to identify instances in which such representative payee is
not properly using such payment.''.
(B) Conforming amendment with respect to parent payees.--
Clause (ii) of section 1631(a)(2)(C) (42 U.S.C.
1383(a)(2)(C)) is amended by striking ``Clause (i)'' and
inserting ``Subclauses (II) and (III) of clause (i)''.
(3) Effective date.--The amendments made by this subsection
shall apply to benefits paid after the date of the enactment
of this Act.
(b) Dedicated Savings Accounts.--
(1) In general.--Section 1631(a)(2)(B) (42 U.S.C.
1383(a)(2)(B)) is amended by adding at the end the following:
``(xiv) Notwithstanding clause (x), the Commissioner of
Social Security may, at the request of the representative
payee, pay any lump sum payment for the benefit of a child
into a dedicated savings account that could only be used to
purchase for such child--
``(I) education and job skills training;
``(II) special equipment or housing modifications or both
specifically related to, and required by the nature of, the
child's disability; and
``(III) appropriate therapy and rehabilitation.''.
(2) Disregard of trust funds.--Section 1613(a) (42 U.S.C.
1382b(a)) is amended--
(A) by striking ``and'' at the end of paragraph (10),
(B) by striking the period at the end of paragraph (11) and
inserting ``; and'', and
(C) by inserting after paragraph (11) the following:
``(12) all amounts deposited in, or interest credited to, a
dedicated savings account described in section
1631(a)(2)(B)(xiv).''.
(3) Effective date.--The amendments made by this subsection
shall apply to payments made after the date of the enactment
of this Act.
SEC. 214. REDUCTION IN CASH BENEFITS PAYABLE TO
INSTITUTIONALIZED INDIVIDUALS WHOSE MEDICAL
COSTS ARE COVERED BY PRIVATE INSURANCE.
(a) In General.--Section 1611(e)(1)(B) (42 U.S.C.
1382(e)(1)(B)) is amended--
(1) by striking ``title XIX, or'' and inserting ``title
XIX,''; and
(2) by inserting ``or, in the case of an eligible
individual under the age of 18 receiving payments (with
respect to such individual) under any health insurance policy
issued by a private provider of such insurance'' after
``section 1614(f)(2)(B),''.
(b) Effective Date.--The amendment made by this section
shall apply to benefits for months beginning 90 or more days
after the date of the enactment of this Act, without regard
to whether regulations have been issued to implement such
amendments.
SEC. 215. MODIFICATION RESPECTING PARENTAL INCOME DEEMED TO
DISABLED CHILDREN.
(a) In General.--Section 1614(f)(2) (42 U.S.C. 1382c(f)(2))
is amended--
(1) by adding at the end of subparagraph (A) the following:
``For purposes of the pre
[[Page 1545]]
ceding sentence, the income of such parent or spouse of such
parent shall be reduced by--
``(A) the allocation for basic needs described in
subparagraph (C)(i); and
``(B) the earned income disregard described in subparagraph
(C)(ii).''; and
(2) by adding at the end the following:
``(C)(i) The allocation for basic needs described by this
clause is--
``(I) in the case of an individual who does not have a
spouse, an amount equal to 50 percent of the maximum monthly
benefit payable under this title to an eligible individual
who does not have an eligible spouse; or
``(II) in the case of an individual who has a spouse, an
amount equal to 50 percent of the maximum monthly benefit
payable under this title to an eligible individual who has an
eligible spouse.
``(ii) The earned income disregard described by this clause
is an amount determined by deducting the first $780 per year
(or proportionally smaller amounts for shorter periods) plus
64 percent of the remainder from the earned income
(determined in accordance with section 1612(a)(1)) of the
parent (and spouse, if any).''.
(b) Preservation of Medicaid Eligibility.--Section 1634 (42
U.S.C. 1383c) is amended by adding at the end the following:
``(f) Any child who has not attained 18 years of age and
who would be eligible for a payment under this title but for
the amendment made by section 215(a) of the Peronsal
Responsibility and Work Opportunity Act of 1996 shall be
deemed to be receiving such payment for purposes of
eligibility of the child for medical assistance under a State
plan approved under title XIX of this Act.''.
(c) Effective Date.--The amendments made by this section
shall apply to months after 1996.
SEC. 216. GRADUATED BENEFITS FOR ADDITIONAL CHILDREN.
(a) In General.--Section 1611(b) (42 U.S.C. 1382(b)) is
amended by adding at the end the following:
``(3)(A) The benefit under this title for each eligible
blind or disabled individual as determined pursuant to
section 1611(a)(1) who--
``(i) is a child under the age of 18,
``(ii) lives in the same household as 1 or more persons who
are also eligible blind or disabled children under the age of
18, and
``(iii) does not live in a group or foster home,
shall be equal to the applicable percentage of the amount in
section 1611(b)(1), reduced by the amount of any income of
such child, including income deemed to such child under
section 1614(f)(2).
``(B) For purposes of this paragraph, the applicable
percentage shall be determined under the following table:
The applicable percentage for each eligible child is:
100 percentchild.......................................................
81.2 percenthildren....................................................
71.8 percenthildren....................................................
65.9 percenthildren....................................................
61.8 percenthildren....................................................
58.5 percenthildren....................................................
55.9 percenthildren....................................................
53.5 percenthildren....................................................
51.7 percenthildren....................................................
50.2 percentchildren...................................................
48.7 percentchildren...................................................
47.4 percent.''.dren or more...........................................
``(C) For purposes of this paragraph, the applicable
household size shall be determined by the number of eligible
blind and disabled children under the age of 18 in such
household whose countable income and resources do not exceed
the limits specified in section 1611(a)(1).''.
(b) Preservation of Medicaid Eligibility.--Section 1634 (42
U.S.C. 1383c), as amended by section 215(b) of this Act, is
amended by adding at the end the following:
``(g) Any child who has not attained 18 years of age and
would be eligible for a payment under this title but for the
limitation on payment amount imposed by section 1611(b)(3)
shall be deemed to be receiving such benefit for purposes of
establishing such child's eligibility for medical assistance
under a State plan approved under title XIX.''.
(c) Effective Date.--The amendments made by this section
shall take effect--
(1) on the date of the enactment of this Act, with respect
to payments made on the basis of determinations of
eligibility made on or after such date, and
(2) on January 1, 1998, with respect to payments made for
months beginning after such date on the basis of
determinations of eligibility made before the date of the
enactment of this Act.
Subtitle C--State Supplementation Programs
SEC. 221. REPEAL OF MAINTENANCE OF EFFORT REQUIREMENTS
APPLICABLE TO OPTIONAL STATE PROGRAMS FOR
SUPPLEMENTATION OF SSI BENEFITS.
Section 1618 (42 U.S.C. 1382g) is hereby repealed.
Subtitle D--Studies Regarding Supplemental Security Income Program
SEC. 231. ANNUAL REPORT ON THE SUPPLEMENTAL SECURITY INCOME
PROGRAM.
Title XVI (42 U.S.C. 1381 et seq.), as amended by section
201(c) of this Act, is amended by adding at the end the
following new section:
``ANNUAL REPORT ON PROGRAM
``Sec. 1637. (a) Not later than May 30 of each year, the
Commissioner of Social Security shall prepare and deliver a
report annually to the President and the Congress regarding
the program under this title, including--
``(1) a comprehensive description of the program;
``(2) historical and current data on allowances and
denials, including number of applications and allowance rates
at initial determinations, reconsiderations, administrative
law judge hearings, council of appeals hearings, and Federal
court appeal hearings;
``(3) historical and current data on characteristics of
recipients and program costs, by recipient group (aged,
blind, work disabled adults, and children);
``(4) projections of future number of recipients and
program costs, through at least 25 years;
``(5) number of redeterminations and continuing disability
reviews, and the outcomes of such redeterminations and
reviews;
``(6) data on the utilization of work incentives;
``(7) detailed information on administrative and other
program operation costs;
``(8) summaries of relevant research undertaken by the
Social Security Administration, or by other researchers;
``(9) State supplementation program operations;
``(10) a historical summary of statutory changes to this
title; and
``(11) such other information as the Commissioner deems
useful.
``(b) Each member of the Social Security Advisory Board
shall be permitted to provide an individual report, or a
joint report if agreed, of views of the program under this
title, to be included in the annual report under this
section.''.
SEC. 232. STUDY OF DISABILITY DETERMINATION PROCESS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and from funds otherwise
appropriated, the Commissioner of Social Security shall make
arrangements with the National Academy of Sciences, or other
independent entity, to conduct a study of the disability
determination process under titles II and XVI of the Social
Security Act. This study shall be undertaken in consultation
with professionals representing appropriate disciplines.
(b) Study Components.--The study described in subsection
(a) shall include--
(1) an initial phase examining the appropriateness of, and
making recommendations regarding--
(A) the definitions of disability in effect on the date of
the enactment of this Act and the advantages and
disadvantages of alternative definitions; and
(B) the operation of the disability determination process,
including the appropriate method of performing comprehensive
assessments of individuals under age 18 with physical and
mental impairments;
(2) a second phase, which may be concurrent with the
initial phase, examining the validity, reliability, and
consistency with current scientific knowledge of the
standards and individual listings in the Listing of
Impairments set forth in appendix 1 of subpart P of part 404
of title 20, Code of Federal Regulations, and of related
evaluation procedures as promulgated by the Commissioner of
Social Security; and
(3) such other issues as the applicable entity considers
appropriate.
(c) Reports and Regulations.--
(1) Reports.--The Commissioner of Social Security shall
request the applicable entity, to submit an interim report
and a final report of the findings and recommendations
resulting from the study described in this section to the
President and the Congress not later than 18 months and 24
months, respectively, from the date of the contract for such
study, and such additional reports as the Commissioner deems
appropriate after consultation with the applicable entity.
(2) Regulations.--The Commissioner of Social Security shall
review both the interim and final reports, and shall issue
regulations implementing any necessary changes following each
report.
SEC. 233. STUDY BY GENERAL ACCOUNTING OFFICE.
Not later than January 1, 1998, the Comptroller General of
the United States shall study and report on--
(1) the impact of the amendments made by, and the
provisions of, this title on the supplemental security income
program under title XVI of the Social Security Act; and
(2) extra expenses incurred by families of children
receiving benefits under such title that are not covered by
other Federal, State, or local programs.
Subtitle E--National Commission on the Future of Disability
SEC. 241. ESTABLISHMENT.
There is established a commission to be known as the
National Commission on the Future of Disability (referred to
in this subtitle as the ``Commission'').
SEC. 242. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall develop and carry out
a comprehensive study of all matters related to the nature,
purpose, and adequacy of all Federal programs serving
individuals with disabilities. In particular, the Commission
shall study the disability insurance program under title II
of the Social Security Act and the supplemental security
income program under title XVI of such Act.
(b) Matters Studied.--The Commission shall prepare an
inventory of Federal programs serving individuals with
disabilities, and shall examine--
(1) trends and projections regarding the size and
characteristics of the population of
[[Page 1546]]
individuals with disabilities, and the implications of such
analyses for program planning;
(2) the feasibility and design of performance standards for
the Nation's disability programs;
(3) the adequacy of Federal efforts in rehabilitation
research and training, and opportunities to improve the lives
of individuals with disabilities through all manners of
scientific and engineering research; and
(4) the adequacy of policy research available to the
Federal Government, and what actions might be undertaken to
improve the quality and scope of such research.
(c) Recommendations.--The Commission shall submit to the
appropriate committees of the Congress and to the President
recommendations and, as appropriate, proposals for
legislation, regarding--
(1) which (if any) Federal disability programs should be
eliminated or augmented;
(2) what new Federal disability programs (if any) should be
established;
(3) the suitability of the organization and location of
disability programs within the Federal Government;
(4) other actions the Federal Government should take to
prevent disabilities and disadvantages associated with
disabilities; and
(5) such other matters as the Commission considers
appropriate.
SEC. 243. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 15
members, of whom--
(A) five shall be appointed by the President, of whom not
more than 3 shall be of the same major political party;
(B) three shall be appointed by the Majority Leader of the
Senate;
(C) two shall be appointed by the Minority Leader of the
Senate;
(D) three shall be appointed by the Speaker of the House of
Representatives; and
(E) two shall be appointed by the Minority Leader of the
House of Representatives.
(2) Representation.--The Commission members shall be chosen
based on their education, training, or experience. In
appointing individuals as members of the Commission, the
President and the Majority and Minority Leaders of the Senate
and the Speaker and Minority Leader of the House of
Representatives shall seek to ensure that the membership of
the Commission reflects the general interests of the business
and taxpaying community and the diversity of individuals with
disabilities in the United States.
(b) Comptroller General.--The Comptroller General of the
United States shall advise the Commission on the methodology
and approach of the study of the Commission.
(c) Term of Appointment.--The members shall serve on the
Commission for the life of the Commission.
(d) Meetings.--The Commission shall locate its headquarters
in the District of Columbia, and shall meet at the call of
the Chairperson, but not less than 4 times each year during
the life of the Commission.
(e) Quorum.--Ten members of the Commission shall constitute
a quorum, but a lesser number may hold hearings.
(f) Chairperson and Vice Chairperson.--Not later than 15
days after the members of the Commission are appointed, such
members shall designate a Chairperson and Vice Chairperson
from among the members of the Commission.
(g) Continuation of Membership.--If a member of the
Commission becomes an officer or employee of any government
after appointment to the Commission, the individual may
continue as a member until a successor member is appointed.
(h) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made not
later than 30 days after the Commission is given notice of
the vacancy.
(i) Compensation.--Members of the Commission shall receive
no additional pay, allowances, or benefits by reason of their
service on the Commission.
(j) Travel Expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. 244. STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--Upon consultation with the members of the
Commission, the Chairperson shall appoint a Director of the
Commission.
(2) Compensation.--The Director shall be paid the rate of
basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the
Director may appoint such personnel as the Director considers
appropriate.
(c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the
Commission, the Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(e) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission under this subtitle.
(f) Other Resources.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information from the Library of Congress and agencies and
elected representatives of the executive and legislative
branches of the Federal Government. The Chairperson of the
Commission shall make requests for such access in writing
when necessary.
(g) Physical Facilities.--The Administrator of the General
Services Administration shall locate suitable office space
for the operation of the Commission. The facilities shall
serve as the headquarters of the Commission and shall include
all necessary equipment and incidentals required for proper
functioning of the Commission.
SEC. 245. POWERS OF COMMISSION.
(a) Hearings.--The Commission may conduct public hearings
or forums at the discretion of the Commission, at any time
and place the Commission is able to secure facilities and
witnesses, for the purpose of carrying out the duties of the
Commission under this subtitle.
(b) Delegation of Authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action the Commission is authorized to take by this section.
(c) Information.--The Commission may secure directly from
any Federal agency information necessary to enable the
Commission to carry out its duties under this subtitle. Upon
request of the Chairperson or Vice Chairperson of the
Commission, the head of a Federal agency shall furnish the
information to the Commission to the extent permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
SEC. 246. REPORTS.
(a) Interim Report.--Not later than 1 year prior to the
date on which the Commission terminates pursuant to section
247, the Commission shall submit an interim report to the
President and to the Congress. The interim report shall
contain a detailed statement of the findings and conclusions
of the Commission, together with the Commission's
recommendations for legislative and administrative action,
based on the activities of the Commission.
(b) Final Report.--Not later than the date on which the
Commission terminates, the Commission shall submit to the
Congress and to the President a final report containing--
(1) a detailed statement of final findings, conclusions,
and recommendations; and
(2) an assessment of the extent to which recommendations of
the Commission included in the interim report under
subsection (a) have been implemented.
(c) Printing and Public Distribution.--Upon receipt of each
report of the Commission under this section, the President
shall--
(1) order the report to be printed; and
(2) make the report available to the public upon request.
SEC. 247. TERMINATION.
The Commission shall terminate on the date that is 2 years
after the date on which the members of the Commission have
met and designated a Chairperson and Vice Chairperson.
SEC. 248. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out the purposes of the Commission.
TITLE III--CHILD SUPPORT
SEC. 300. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, where ever in
this title an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
Subtitle A--Eligibility for Services; Distribution of Payments
SEC. 301. STATE OBLIGATION TO PROVIDE CHILD SUPPORT
ENFORCEMENT SERVICES.
(a) State Plan Requirements.--Section 454 (42 U.S.C. 654)
is amended--
(1) by striking paragraph (4) and inserting the following
new paragraph:
``(4) provide that the State will--
``(A) provide services relating to the establishment of
paternity or the establishment, modification, or enforcement
of child support obligations, as appropriate, under the plan
with respect to--
``(i) each child for whom (I) assistance is provided under
the State program funded under part A of this title, (II)
benefits or services for foster care maintenance and adoption
assistance are provided under the State program funded under
part B of this title, or (III) medical assistance is provided
under the State plan approved under title XIX, unless the
State agency administering the plan determines (in accordance
with paragraph (29)) that it is against the best interests of
the child to do so; and
[[Page 1547]]
``(ii) any other child, if an individual applies for such
services with respect to the child; and
``(B) enforce any support obligation established with
respect to--
``(i) a child with respect to whom the State provides
services under the plan; or
``(ii) the custodial parent of such a child.''; and
(2) in paragraph (6)--
(A) by striking ``provide that'' and inserting ``provide
that--'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) services under the plan shall be made available to
residents of other States on the same terms as to residents
of the State submitting the plan;'';
(C) in subparagraph (B), by inserting ``on individuals not
receiving assistance under any State program funded under
part A'' after ``such services shall be imposed'';
(D) in each of subparagraphs (B), (C), (D), and (E)--
(i) by indenting the subparagraph in the same manner as,
and aligning the left margin of the subparagraph with the
left margin of, the matter inserted by subparagraph (B) of
this paragraph; and
(ii) by striking the final comma and inserting a semicolon;
and
(E) in subparagraph (E), by indenting each of clauses (i)
and (ii) 2 additional ems.
(b) Continuation of Services for Families Ceasing To
Receive Assistance Under the State Program Funded Under Part
A.--Section 454 (42 U.S.C. 654) is amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding after paragraph (24) the following new
paragraph:
``(25) provide that if a family with respect to which
services are provided under the plan ceases to receive
assistance under the State program funded under part A, the
State shall provide appropriate notice to the family and
continue to provide such services, subject to the same
conditions and on the same basis as in the case of other
individuals to whom services are furnished under the plan,
except that an application or other request to continue
services shall not be required of such a family and paragraph
(6)(B) shall not apply to the family.''.
(c) Conforming Amendments.--
(1) Section 452(b) (42 U.S.C. 652(b)) is amended by
striking ``454(6)'' and inserting ``454(4)''.
(2) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended by striking ``454(6)'' each place it appears and
inserting ``454(4)(A)(ii)''.
(3) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``in the case of overdue support which a
State has agreed to collect under section 454(6)'' and
inserting ``in any other case''.
(4) Section 466(e) (42 U.S.C. 666(e)) is amended by
striking ``paragraph (4) or (6) of section 454'' and
inserting ``section 454(4)''.
SEC. 302. DISTRIBUTION OF CHILD SUPPORT COLLECTIONS.
(a) In General.--Section 457 (42 U.S.C. 657) is amended to
read as follows:
``SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
``(a) In General.--An amount collected on behalf of a
family as support by a State pursuant to a plan approved
under this part shall be distributed as follows:
``(1) Families receiving assistance.--In the case of a
family receiving assistance from the State, the State shall--
``(A) pay to the Federal Government the Federal share of
the amount so collected; and
``(B) retain, or distribute to the family, the State share
of the amount so collected.
``(2) Families that formerly received assistance.--In the
case of a family that formerly received assistance from the
State:
``(A) Current support payments.--To the extent that the
amount so collected does not exceed the amount required to be
paid to the family for the month in which collected, the
State shall distribute the amount so collected to the family.
``(B) Payments of arrearages.--To the extent that the
amount so collected exceeds the amount required to be paid to
the family for the month in which collected, the State shall
distribute the amount so collected as follows:
``(i) Distribution of arrearages that accrued after the
family ceased to receive assistance.--
``(I) Pre-october 1997.--The provisions of this section
(other than subsection (b)(1)) as in effect and applied on
the day before the date of the enactment of section 302 of
the Bipartisan Welfare Reform Act of 1996 shall apply with
respect to the distribution of support arrearages that--
``(aa) accrued after the family ceased to receive
assistance, and
``(bb) are collected before October 1, 1997.
``(II) Post-september 1997.--With respect the amount so
collected on or after October 1, 1997, or before such date,
at the option of the State--
``(aa) In general.--The State shall first distribute the
amount so collected (other than any amount described in
clause (iv)) to the family to the extent necessary to satisfy
any support arrearages with respect to the family that
accrued after the family ceased to receive assistance from
the State.
``(bb) Reimbursement of governments for assistance provided
to the family.--After the application of division (aa) and
clause (ii)(II)(aa) with respect to the amount so collected,
the State shall retain the State share of the amount so
collected, and pay to the Federal Government the Federal
share (as defined in subsection (c)(2)(A)) of the amount so
collected, but only to the extent necessary to reimburse
amounts paid to the family as assistance by the State.
``(cc) Distribution of the remainder to the family.--To the
extent that neither division (aa) nor division (bb) applies
to the amount so collected, the State shall distribute the
amount to the family.
``(ii) Distribution of arrearages that accrued before the
family received assistance.--
``(I) Pre-october 2000.--The provisions of this section
(other than subsection (b)(1)) as in effect and applied on
the day before the date of the enactment of section 302 of
the Bipartisan Welfare Reform Act of 1996 shall apply with
respect to the distribution of support arrearages that--
``(aa) accrued before the family received assistance, and
``(bb) are collected before October 1, 2000.
``(II) Post-september 2000.--Unless, based on the report
required by paragraph (4), the Congress determines otherwise,
with respect to the amount so collected on or after October
1, 2000, or before such date, at the option of the State--
``(aa) In general.--The State shall first distribute the
amount so collected (other than any amount described in
clause (iv)) to the family to the extent necessary to satisfy
any support arrearages with respect to the family that
accrued before the family received assistance from the State.
``(bb) Reimbursement of governments for assistance provided
to the family.--After the application of clause (i)(II)(aa)
and division (aa) with respect to the amount so collected,
the State shall retain the State share of the amount so
collected, and pay to the Federal Government the Federal
share (as defined in subsection (c)(2)) of the amount so
collected, but only to the extent necessary to reimburse of
the amounts paid to the family as assistance by the State.
``(cc) Distribution of the remainder to the family.--To the
extent that neither division (aa) nor division (bb) applies
to the amount so collected, the State shall distribute the
amount to the family.
``(iii) Distribution of arrearages that accrued while the
family received assistance.--In the case of a family
described in this subparagraph, the provisions of paragraph
(1) shall apply with respect to the distribution of support
arrearages that accrued while the family received assistance.
``(iv) Amounts collected pursuant to section 464.--
Notwithstanding any other provision of this section, any
amount of support collected pursuant to section 464 shall be
retained by the State to the extent necessary to reimburse
amounts paid to the family as assistance by the State. The
State shall pay to the Federal Government the Federal share
of the amounts so retained. To the extent the amount
collected pursuant to section 464 exceeds the amount so
retained, the State shall distribute the excess to the
family.
``(v) Ordering rules for distributions.--For purposes of
this subparagraph, the State shall treat any support
arrearages collected as accruing in the following order:
``(I) to the period after the family ceased to receive
assistance;
``(II) to the period before the family received assistance;
and
``(III) to the period while the family was receiving
assistance.
``(3) Families that never received assistance.--In the case
of any other family, the State shall distribute the amount so
collected to the family.
``(4) Study and report.--Not later than October 1, 1998,
the Secretary shall report to the Congress the Secretary's
findings with respect to--
``(A) whether the distribution of post-assistance
arrearages to families has been effective in moving people
off of welfare and keeping them off of welfare;
``(B) whether early implementation of a pre-assistance
arrearage program by some States has been effective in moving
people off of welfare and keeping them off of welfare;
``(C) what the overall impact has been of the amendments
made by the Bipartisan Welfare Reform Act of 1996 with
respect to child support enforcement in moving people off of
welfare and keeping them off of welfare; and
``(D) based on the information and data the Secretary has
obtained, what changes, if any, should be made in the
policies related to the distribution of child support
arrearages.
``(b) Continuation of Assignments.--Any rights to support
obligations, which were assigned to a State as a condition of
receiving assistance from the State under part A and which
were in effect on the day before the date of the enactment of
the Bipartisan Welfare Reform Act of 1996, shall remain
assigned after such date.
``(c) Definitions.--As used in subsection (a):
``(1) Assistance.--The term `assistance from the State'
means--
``(A) assistance under the State program funded under part
A or under the State plan approved under part A of this title
(as in effect on the day before the date of the enactment of
the Bipartisan Welfare Reform Act of 1996); or
``(B) benefits under the State plan approved under part E
of this title (as in effect on the day before the date of the
enactment
[[Page 1548]]
of the Bipartisan Welfare Reform Act of 1996).
``(2) Federal share.--The term `Federal share' means that
portion of the amount collected resulting from the
application of the Federal medical percentage in effect for
the fiscal year in which the amount is collected.
``(3) Federal medical assistance percentage.--The term
`Federal medical assistance percentage' means--
``(A) the Federal medical assistance percentage (as defined
in section 1118), in the case of Puerto Rico, the Virgin
Islands, Guam, and American Samoa; or
``(B) the Federal medical assistance percentage (as defined
in section 1905(b)) in the case of any other State.
``(4) State share.--The term `State share' means 100
percent minus the Federal share.
``(d) Hold Harmless Provision.--If the amounts collected
which could be retained by the State in the fiscal year (to
the extent necessary to reimburse the State for amounts paid
to families as assistance by the State) are less than the
State share of the amounts collected in fiscal year 1995
(determined in accordance with section 457 as in effect on
the day before the date of the enactment of the Bipartisan
Welfare Reform Act of 1996), the State share for the fiscal
year shall be an amount equal to the State share in fiscal
year 1995.''.
(b) Conforming Amendments.--
(1) Section 464(a)(1) (42 U.S.C. 664(a)(1)) is amended by
striking ``section 457(b)(4) or (d)(3)'' and inserting
``section 457''.
(2) Section 454 (42 U.S.C. 654) is amended--
(A) in paragraph (11)--
(i) by striking ``(11)'' and inserting ``(11)(A)''; and
(ii) by inserting after the semicolon ``and''; and
(B) by redesignating paragraph (12) as subparagraph (B) of
paragraph (11).
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall be effective on October
1, 1996, or earlier at the State's option.
(2) Conforming amendments.--The amendments made by
subsection (b)(2) shall become effective on the date of the
enactment of this Act.
SEC. 303. PRIVACY SAFEGUARDS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by section 301(b) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding after paragraph (25) the following new
paragraph:
``(26) will have in effect safeguards, applicable to all
confidential information handled by the State agency, that
are designed to protect the privacy rights of the parties,
including--
``(A) safeguards against unauthorized use or disclosure of
information relating to proceedings or actions to establish
paternity, or to establish or enforce support;
``(B) prohibitions against the release of information on
the whereabouts of 1 party to another party against whom a
protective order with respect to the former party has been
entered; and
``(C) prohibitions against the release of information on
the whereabouts of 1 party to another party if the State has
reason to believe that the release of the information may
result in physical or emotional harm to the former party.''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on October 1, 1997.
SEC. 304. RIGHTS TO NOTIFICATION AND HEARINGS.
(a) In General.--Section 454 (42 U.S.C. 654), as amended by
section 302(b)(2) of this Act, is amended by inserting after
paragraph (11) the following new paragraph:
``(12) provide for the establishment of procedures to
require the State to provide individuals who are applying for
or receiving services under the State plan, or who are
parties to cases in which services are being provided under
the State plan--
``(A) with notice of all proceedings in which support
obligations might be established or modified; and
``(B) with a copy of any order establishing or modifying a
child support obligation, or (in the case of a petition for
modification) a notice of determination that there should be
no change in the amount of the child support award, within 14
days after issuance of such order or determination;''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on October 1, 1997.
Subtitle B--Locate and Case Tracking
SEC. 311. STATE CASE REGISTRY.
Section 454A, as added by section 344(a)(2) of this Act, is
amended by adding at the end the following new subsections:
``(e) State Case Registry.--
``(1) Contents.--The automated system required by this
section shall include a registry (which shall be known as the
`State case registry') that contains records with respect
to--
``(A) each case in which services are being provided by the
State agency under the State plan approved under this part;
and
``(B) each support order established or modified in the
State on or after October 1, 1998.
``(2) Linking of local registries.--The State case registry
may be established by linking local case registries of
support orders through an automated information network,
subject to this section.
``(3) Use of standardized data elements.--Such records
shall use standardized data elements for both parents (such
as names, social security numbers and other uniform
identification numbers, dates of birth, and case
identification numbers), and contain such other information
(such as on-case status) as the Secretary may require.
``(4) Payment records.--Each case record in the State case
registry with respect to which services are being provided
under the State plan approved under this part and with
respect to which a support order has been established shall
include a record of--
``(A) the amount of monthly (or other periodic) support
owed under the order, and other amounts (including
arrearages, interest or late payment penalties, and fees) due
or overdue under the order;
``(B) any amount described in subparagraph (A) that has
been collected;
``(C) the distribution of such collected amounts;
``(D) the birth date of any child for whom the order
requires the provision of support; and
``(E) the amount of any lien imposed with respect to the
order pursuant to section 466(a)(4).
``(5) Updating and monitoring.--The State agency operating
the automated system required by this section shall promptly
establish and maintain, and regularly monitor, case records
in the State case registry with respect to which services are
being provided under the State plan approved under this part,
on the basis of--
``(A) information on administrative actions and
administrative and judicial proceedings and orders relating
to paternity and support;
``(B) information obtained from comparison with Federal,
State, or local sources of information;
``(C) information on support collections and distributions;
and
``(D) any other relevant information.
``(f) Information Comparisons and Other Disclosures of
Information.--The State shall use the automated system
required by this section to extract information from (at such
times, and in such standardized format or formats, as may be
required by the Secretary), to share and compare information
with, and to receive information from, other data bases and
information comparison services, in order to obtain (or
provide) information necessary to enable the State agency (or
the Secretary or other State or Federal agencies) to carry
out this part, subject to section 6103 of the Internal
Revenue Code of 1986. Such information comparison activities
shall include the following:
``(1) Federal case registry of child support orders.--
Furnishing to the Federal Case Registry of Child Support
Orders established under section 453(h) (and update as
necessary, with information including notice of expiration of
orders) the minimum amount of information on child support
cases recorded in the State case registry that is necessary
to operate the registry (as specified by the Secretary in
regulations).
``(2) Federal parent locator service.--Exchanging
information with the Federal Parent Locator Service for the
purposes specified in section 453.
``(3) Temporary family assistance and medicaid agencies.--
Exchanging information with State agencies (of the State and
of other States) administering programs funded under part A,
programs operated under State plans under title XIX, and
other programs designated by the Secretary, as necessary to
perform State agency responsibilities under this part and
under such programs.
``(4) Intrastate and interstate information comparisons.--
Exchanging information with other agencies of the State,
agencies of other States, and interstate information
networks, as necessary and appropriate to carry out (or
assist other States to carry out) the purposes of this
part.''.
SEC. 312. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b) and 303(a) of this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting ``; and''; and
(3) by adding after paragraph (26) the following new
paragraph:
``(27) provide that, on and after October 1, 1998, the
State agency will--
``(A) operate a State disbursement unit in accordance with
section 454B; and
``(B) have sufficient State staff (consisting of State
employees) and (at State option) contractors reporting
directly to the State agency to--
``(i) monitor and enforce support collections through the
unit in cases being enforced by the State pursuant to section
454(4) (including carrying out the automated data processing
responsibilities described in section 454A(g)); and
``(ii) take the actions described in section 466(c)(1) in
appropriate cases.''.
(b) Establishment of State Disbursement Unit.--Part D of
title IV (42 U.S.C. 651-669), as amended by section 344(a)(2)
of this Act, is amended by inserting after section 454A the
following new section:
``SEC. 454B. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
``(a) State Disbursement Unit.--
``(1) In general.--In order for a State to meet the
requirements of this section, the
[[Page 1549]]
State agency must establish and operate a unit (which shall
be known as the `State disbursement unit') for the collection
and disbursement of payments under support orders--
``(A) in all cases being enforced by the State pursuant to
section 454(4); and
``(B) in all cases not being enforced by the State under
this part in which the support order is initially issued in
the State on or after January 1, 1994, and in which the wages
of the absent parent are subject to withholding pursuant to
section 466(a)(8)(B).
``(2) Operation.--The State disbursement unit shall be
operated--
``(A) directly by the State agency (or 2 or more State
agencies under a regional cooperative agreement), or (to the
extent appropriate) by a contractor responsible directly to
the State agency; and
``(B) except in cases described in paragraph (1)(B), in
coordination with the automated system established by the
State pursuant to section 454A.
``(3) Linking of local disbursement units.--The State
disbursement unit may be established by linking local
disbursement units through an automated information network,
subject to this section, if the Secretary agrees that the
system will not cost more nor take more time to establish or
operate than a centralized system. In addition, employers
shall be given 1 location to which income withholding is
sent.
``(b) Required Procedures.--The State disbursement unit
shall use automated procedures, electronic processes, and
computer-driven technology to the maximum extent feasible,
efficient, and economical, for the collection and
disbursement of support payments, including procedures--
``(1) for receipt of payments from parents, employers, and
other States, and for disbursements to custodial parents and
other obligees, the State agency, and the agencies of other
States;
``(2) for accurate identification of payments;
``(3) to ensure prompt disbursement of the custodial
parent's share of any payment; and
``(4) to furnish to any parent, upon request, timely
information on the current status of support payments under
an order requiring payments to be made by or to the parent.
``(c) Timing of Disbursements.--
``(1) In general.--Except as provided in paragraph (2), the
State disbursement unit shall distribute all amounts payable
under section 457(a) within 2 business days after receipt
from the employer or other source of periodic income, if
sufficient information identifying the payee is provided.
``(2) Permissive retention of arrearages.--The State
disbursement unit may delay the distribution of collections
toward arrearages until the resolution of any timely appeal
with respect to such arrearages.
``(d) Business Day Defined.--As used in this section, the
term `business day' means a day on which State offices are
open for regular business.''.
(c) Use of Automated System.--Section 454A, as added by
section 344(a)(2) and as amended by section 311 of this Act,
is amended by adding at the end the following new subsection:
``(g) Collection and Distribution of Support Payments.--
``(1) In general.--The State shall use the automated system
required by this section, to the maximum extent feasible, to
assist and facilitate the collection and disbursement of
support payments through the State disbursement unit operated
under section 454B, through the performance of functions,
including, at a minimum--
``(A) transmission of orders and notices to employers (and
other debtors) for the withholding of wages and other
income--
``(i) within 2 business days after receipt from a court,
another State, an employer, the Federal Parent Locator
Service, or another source recognized by the State of notice
of, and the income source subject to, such withholding; and
``(ii) using uniform formats prescribed by the Secretary;
``(B) ongoing monitoring to promptly identify failures to
make timely payment of support; and
``(C) automatic use of enforcement procedures (including
procedures authorized pursuant to section 466(c)) if payments
are not timely made.
``(2) Business day defined.--As used in paragraph (1), the
term `business day' means a day on which State offices are
open for regular business.''.
(d) Effective Date.--The amendments made by this section
shall become effective on October 1, 1998.
SEC. 313. STATE DIRECTORY OF NEW HIRES.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a) and 312(a) of this Act,
is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding after paragraph (27) the following new
paragraph:
``(28) provide that, on and after October 1, 1997, the
State will operate a State Directory of New Hires in
accordance with section 453A.''.
(b) State Directory of New Hires.--Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 453 the
following new section:
``SEC. 453A. STATE DIRECTORY OF NEW HIRES.
``(a) Establishment.--
``(1) In general.--
``(A) Requirement for States that have no directory.--
Except as provided in subparagraph (B), not later than
October 1, 1997, each State shall establish an automated
directory (to be known as the `State Directory of New Hires')
which shall contain information supplied in accordance with
subsection (b) by employers on each newly hired employee.
``(B) States with new hire reporting in existence.--A State
which has a new hire reporting law in existence on the date
of the enactment of this section may continue to operate
under the State law, but the State must meet the requirements
of this section (other than subsection (f)) not later than
October 1, 1997.
``(2) Definitions.--As used in this section:
``(A) Employee.--The term `employee'--
``(i) means an individual who is an employee within the
meaning of chapter 24 of the Internal Revenue Code of 1986;
and
``(ii) does not include an employee of a Federal or State
agency performing intelligence or counterintelligence
functions, if the head of such agency has determined that
reporting pursuant to paragraph (1) with respect to the
employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
``(B) Employer.--
``(i) In general.--The term `employer' has the meaning
given such term in section 3401(d) of the Internal Revenue
Code of 1996 and includes any governmental entity and any
labor organization.
``(ii) Labor organization.--The term `labor organization'
shall have the meaning given such term in section 2(5) of the
National Labor Relations Act, and includes any entity (also
known as a `hiring hall') which is used by the organization
and an employer to carry out requirements described in
section 8(f)(3) of such Act of an agreement between the
organization and the employer.
``(b) Employer Information.--
``(1) Reporting requirement.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), each employer shall furnish to the Directory of New
Hires of the State in which a newly hired employee works, a
report that contains the name, address, and social security
number of the employee, and the name and address of, and
identifying number assigned under section 6109 of the
Internal Revenue Code of 1986 to, the employer.
``(B) Multistate employers.--An employer that has employees
who are employed in 2 or more States and that transmits
reports magnetically or electronically may comply with
subparagraph (A) by designating 1 State in which such
employer has employees to which the employer will transmit
the report described in subparagraph (A), and transmitting
such report to such State. Any employer that transmits
reports pursuant to this subparagraph shall notify the
Secretary in writing as to which State such employer
designates for the purpose of sending reports.
``(C) Federal government employers.--Any department,
agency, or instrumentality of the United States shall comply
with subparagraph (A) by transmitting the report described in
subparagraph (A) to the National Directory of New Hires
established pursuant to section 453.
``(2) Timing of report.--Each State may provide the time
within which the report required by paragraph (1) shall be
made with respect to an employee, but such report shall be
made--
``(A) not later than 20 days after the date the employer
hires the employee; or
``(B) in the case of an employer transmitting reports
magnetically or electronically, by 2 monthly transmissions
(if necessary) not less than 12 days nor more than 16 days
apart.
``(c) Reporting Format and Method.--Each report required by
subsection (b) shall be made on a W-4 form or, at the option
of the employer, an equivalent form, and may be transmitted
by 1st class mail, magnetically, or electronically.
``(d) Civil Money Penalties on Noncomplying Employers.--The
State shall have the option to set a State civil money
penalty which shall be less than--
``(1) $25; or
``(2) $500 if, under State law, the failure is the result
of a conspiracy between the employer and the employee to not
supply the required report or to supply a false or incomplete
report.
``(e) Entry of Employer Information.--Information shall be
entered into the data base maintained by the State Directory
of New Hires within 5 business days of receipt from an
employer pursuant to subsection (b).
``(f) Information Comparisons.--
``(1) In general.--Not later than May 1, 1998, an agency
designated by the State shall, directly or by contract,
conduct automated comparisons of the social security numbers
reported by employers pursuant to subsection (b) and the
social security numbers appearing in the records of the State
case registry for cases being enforced under the State plan.
``(2) Notice of match.--When an information comparison
conducted under paragraph (1) reveals a match with respect to
the social security number of an individual required to
provide support under a support order, the State Directory of
New Hires shall provide the agency administering the State
plan approved under this part of the appropriate State with
the name, address, and social security number of the employee
to whom the social security number is assigned, and the name
of, and identifying number assigned
[[Page 1550]]
under section 6109 of the Internal Revenue Code of 1986 to
the employer.
``(g) Transmission of Information.--
``(1) Transmission of wage withholding notices to
employers.--Within 2 business days after the date information
regarding a newly hired employee is entered into the State
Directory of New Hires, the State agency enforcing the
employee's child support obligation shall transmit a notice
to the employer of the employee directing the employer to
withhold from the wages of the employee an amount equal to
the monthly (or other periodic) child support obligation
(including any past due support obligation) of the employee,
unless the employee's wages are not subject to withholding
pursuant to section 466(b)(3).
``(2) Transmissions to the national directory of new
hires.--
``(A) New hire information.--Within 3 business days after
the date information regarding a newly hired employee is
entered into the State Directory of New Hires, the State
Directory of New Hires shall furnish the information to the
National Directory of New Hires.
``(B) Wage and unemployment compensation information.--The
State Directory of New Hires shall, on a quarterly basis,
furnish to the National Directory of New Hires extracts of
the reports required under section 303(a)(6) to be made to
the Secretary of Labor concerning the wages and unemployment
compensation paid to individuals, by such dates, in such
format, and containing such information as the Secretary of
Health and Human Services shall specify in regulations.
``(3) Business day defined.--As used in this subsection,
the term `business day' means a day on which State offices
are open for regular business.
``(h) Other Uses of New Hire Information.--
``(1) Location of child support obligors.--The agency
administering the State plan approved under this part shall
use information received pursuant to subsection (f)(2) to
locate individuals for purposes of establishing paternity and
establishing, modifying, and enforcing child support
obligations.
``(2) Verification of eligibility for certain programs.--A
State agency responsible for administering a program
specified in section 1137(b) shall have access to information
reported by employers pursuant to subsection (b) of this
section for purposes of verifying eligibility for the
program.
``(3) Administration of employment security and workers'
compensation.--State agencies operating employment security
and workers' compensation programs shall have access to
information reported by employers pursuant to subsection (b)
for the purposes of administering such programs.''.
(c) Quarterly Wage Reporting.--Section 1137(a)(3) (42
U.S.C. 1320b-7(a)(3)) is amended--
(1) by inserting ``(including State and local governmental
entities and labor organizations (as defined in section
453A(a)(2)(B)(iii))'' after ``employers''; and
(2) by inserting ``, and except that no report shall be
filed with respect to an employee of a State or local agency
performing intelligence or counterintelligence functions, if
the head of such agency has determined that filing such a
report could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission''
after ``paragraph (2)''.
SEC. 314. AMENDMENTS CONCERNING INCOME WITHHOLDING.
(a) Mandatory Income Withholding.--
(1) In general.--Section 466(a)(1) (42 U.S.C. 666(a)(1)) is
amended to read as follows:
``(1)(A) Procedures described in subsection (b) for the
withholding from income of amounts payable as support in
cases subject to enforcement under the State plan.
``(B) Procedures under which the wages of a person with a
support obligation imposed by a support order issued (or
modified) in the State before October 1, 1996, if not
otherwise subject to withholding under subsection (b), shall
become subject to withholding as provided in subsection (b)
if arrearages occur, without the need for a judicial or
administrative hearing.''.
(2) Conforming amendments.--
(A) Section 466(b) (42 U.S.C. 666(b)) is amended in the
matter preceding paragraph (1), by striking ``subsection
(a)(1)'' and inserting ``subsection (a)(1)(A)''.
(B) Section 466(b)(4) (42 U.S.C. 666(b)(4)) is amended to
read as follows:
``(4)(A) Such withholding must be carried out in full
compliance with all procedural due process requirements of
the State, and the State must send notice to each
noncustodial parent to whom paragraph (1) applies--
``(i) that the withholding has commenced; and
``(ii) of the procedures to follow if the noncustodial
parent desires to contest such withholding on the grounds
that the withholding or the amount withheld is improper due
to a mistake of fact.
``(B) The notice under subparagraph (A) of this paragraph
shall include the information provided to the employer under
paragraph (6)(A).''.
(C) Section 466(b)(5) (42 U.S.C. 666(b)(5)) is amended by
striking all that follows ``administered by'' and inserting
``the State through the State disbursement unit established
pursuant to section 454B, in accordance with the requirements
of section 454B.''.
(D) Section 466(b)(6)(A) (42 U.S.C. 666(b)(6)(A)) is
amended--
(i) in clause (i), by striking ``to the appropriate
agency'' and all that follows and inserting ``to the State
disbursement unit within 2 business days after the date the
amount would (but for this subsection) have been paid or
credited to the employee, for distribution in accordance with
this part. The employer shall comply with the procedural
rules relating to income withholding of the State in which
the employee works, regardless of the State where the notice
originates.''.
(ii) in clause (ii), by inserting ``be in a standard format
prescribed by the Secretary, and'' after ``shall''; and
(iii) by adding at the end the following new clause:
``(iii) As used in this subparagraph, the term `business
day' means a day on which State offices are open for regular
business.''.
(E) Section 466(b)(6)(D) (42 U.S.C. 666(b)(6)(D)) is
amended by striking ``any employer'' and all that follows and
inserting ``any employer who--
``(i) discharges from employment, refuses to employ, or
takes disciplinary action against any noncustodial parent
subject to wage withholding required by this subsection
because of the existence of such withholding and the
obligations or additional obligations which it imposes upon
the employer; or
``(ii) fails to withhold support from wages, or to pay such
amounts to the State disbursement unit in accordance with
this subsection.''.
(F) Section 466(b) (42 U.S.C. 666(b)) is amended by adding
at the end the following new paragraph:
``(11) Procedures under which the agency administering the
State plan approved under this part may execute a withholding
order without advance notice to the obligor, including
issuing the withholding order through electronic means.''.
(b) Conforming Amendment.--Section 466(c) (42 U.S.C.
666(c)) is repealed.
SEC. 315. LOCATOR INFORMATION FROM INTERSTATE NETWORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by adding at
the end the following new paragraph:
``(12) Locator information from interstate networks.--
Procedures to ensure that all Federal and State agencies
conducting activities under this part have access to any
system used by the State to locate an individual for purposes
relating to motor vehicles or law enforcement.''.
SEC. 316. EXPANSION OF THE FEDERAL PARENT LOCATOR SERVICE.
(a) Expanded Authority To Locate Individuals and Assets.--
Section 453 (42 U.S.C. 653) is amended--
(1) in subsection (a), by striking all that follows
``subsection (c))'' and inserting ``, for the purpose of
establishing parentage, establishing, setting the amount of,
modifying, or enforcing child support obligations, or
enforcing child custody or visitation orders--
``(1) information on, or facilitating the discovery of, the
location of any individual--
``(A) who is under an obligation to pay child support or
provide child custody or visitation rights;
``(B) against whom such an obligation is sought;
``(C) to whom such an obligation is owed,
including the individual's social security number (or
numbers), most recent address, and the name, address, and
employer identification number of the individual's employer;
``(2) information on the individual's wages (or other
income) from, and benefits of, employment (including rights
to or enrollment in group health care coverage); and
``(3) information on the type, status, location, and amount
of any assets of, or debts owed by or to, any such
individual.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``social security'' and all that follows through ``absent
parent'' and inserting ``information described in subsection
(a)''; and
(B) in the flush paragraph at the end, by adding the
following: ``No information shall be disclosed to any person
if the State has notified the Secretary that the State has
reasonable evidence of domestic violence or child abuse and
the disclosure of such information could be harmful to the
custodial parent or the child of such parent. Information
received or transmitted pursuant to this section shall be
subject to the safeguard provisions contained in section
454(26).''.
(b) Authorized Person for Information Regarding Visitation
Rights.--Section 453(c) (42 U.S.C. 653(c)) is amended--
(1) in paragraph (1), by striking ``support'' and inserting
``support or to seek to enforce orders providing child
custody or visitation rights''; and
(2) in paragraph (2), by striking ``, or any agent of such
court; and'' and inserting ``or to issue an order against a
resident parent for child custody or visitation rights, or
any agent of such court;''.
(c) Reimbursement for Information From Federal Agencies.--
Section 453(e)(2) (42 U.S.C. 653(e)(2)) is amended in the 4th
sentence by inserting ``in an amount which the Secretary
determines to be reasonable payment for the information
exchange (which amount shall not include payment for the
costs of obtaining, compiling, or maintaining the
information)'' before the period.
(d) Reimbursement for Reports by State Agencies.--Section
453 (42 U.S.C. 653) is amended by adding at the end the
following new subsection:
``(g) Reimbursement for Reports by State Agencies.--The
Secretary may reim
[[Page 1551]]
burse Federal and State agencies for the costs incurred by
such entities in furnishing information requested by the
Secretary under this section in an amount which the Secretary
determines to be reasonable payment for the information
exchange (which amount shall not include payment for the
costs of obtaining, compiling, or maintaining the
information).''.
(e) Conforming Amendments.--
(1) Sections 452(a)(9), 453(a), 453(b), 463(a), 463(e), and
463(f) (42 U.S.C. 652(a)(9), 653(a), 653(b), 663(a), 663(e),
and 663(f)) are each amended by inserting ``Federal'' before
``Parent'' each place such term appears.
(2) Section 453 (42 U.S.C. 653) is amended in the heading
by adding ``federal'' before ``parent''.
(f) New Components.--Section 453 (42 U.S.C. 653), as
amended by subsection (d) of this section, is amended by
adding at the end the following new subsections:
``(h) Federal Case Registry of Child Support Orders.--
``(1) In general.--Not later than October 1, 1998, in order
to assist States in administering programs under State plans
approved under this part and programs funded under part A,
and for the other purposes specified in this section, the
Secretary shall establish and maintain in the Federal Parent
Locator Service an automated registry (which shall be known
as the `Federal Case Registry of Child Support Orders'),
which shall contain abstracts of support orders and other
information described in paragraph (2) with respect to each
case in each State case registry maintained pursuant to
section 454A(e), as furnished (and regularly updated),
pursuant to section 454A(f), by State agencies administering
programs under this part.
``(2) Case information.--The information referred to in
paragraph (1) with respect to a case shall be such
information as the Secretary may specify in regulations
(including the names, social security numbers or other
uniform identification numbers, and State case identification
numbers) to identify the individuals who owe or are owed
support (or with respect to or on behalf of whom support
obligations are sought to be established), and the State or
States which have the case.
``(i) National Directory of New Hires.--
``(1) In general.--In order to assist States in
administering programs under State plans approved under this
part and programs funded under part A, and for the other
purposes specified in this section, the Secretary shall, not
later than October 1, 1996, establish and maintain in the
Federal Parent Locator Service an automated directory to be
known as the National Directory of New Hires, which shall
contain the information supplied pursuant to section
453A(g)(2).
``(2) Entry of data.--Information shall be entered into the
data base maintained by the National Directory of New Hires
within 2 business days of receipt pursuant to section
453A(g)(2).
``(3) Administration of federal tax laws.--The Secretary of
the Treasury shall have access to the information in the
National Directory of New Hires for purposes of administering
section 32 of the Internal Revenue Code of 1986, or the
advance payment of the earned income tax credit under section
3507 of such Code, and verifying a claim with respect to
employment in a tax return.
``(4) List of multistate employers.--The Secretary shall
maintain within the National Directory of New Hires a list of
multistate employers that report information regarding newly
hired employees pursuant to section 453A(b)(1)(B), and the
State which each such employer has designated to receive such
information.
``(j) Information Comparisons and Other Disclosures.--
``(1) Verification by social security administration.--
``(A) In general.--The Secretary shall transmit information
on individuals and employers maintained under this section to
the Social Security Administration to the extent necessary
for verification in accordance with subparagraph (B).
``(B) Verification by ssa.--The Social Security
Administration shall verify the accuracy of, correct, or
supply to the extent possible, and report to the Secretary,
the following information supplied by the Secretary pursuant
to subparagraph (A):
``(i) The name, social security number, and birth date of
each such individual.
``(ii) The employer identification number of each such
employer.
``(2) Information comparisons.--For the purpose of locating
individuals in a paternity establishment case or a case
involving the establishment, modification, or enforcement of
a support order, the Secretary shall--
``(A) compare information in the National Directory of New
Hires against information in the support case abstracts in
the Federal Case Registry of Child Support Orders not less
often than every 2 business days; and
``(B) within 2 such days after such a comparison reveals a
match with respect to an individual, report the information
to the State agency responsible for the case.
``(3) Information comparisons and disclosures of
information in all registries for title iv program
purposes.--To the extent and with the frequency that the
Secretary determines to be effective in assisting States to
carry out their responsibilities under programs operated
under this part and programs funded under part A, the
Secretary shall--
``(A) compare the information in each component of the
Federal Parent Locator Service maintained under this section
against the information in each other such component (other
than the comparison required by paragraph (2)), and report
instances in which such a comparison reveals a match with
respect to an individual to State agencies operating such
programs; and
``(B) disclose information in such registries to such State
agencies.
``(4) Provision of new hire information to the social
security administration.--The National Directory of New Hires
shall provide the Commissioner of Social Security with all
information in the National Directory, which shall be used to
determine the accuracy of payments under the supplemental
security income program under title XVI and in connection
with benefits under title II.
``(5) Research.--The Secretary may provide access to
information reported by employers pursuant to section 453A(b)
for research purposes found by the Secretary to be likely to
contribute to achieving the purposes of part A or this part,
but without personal identifiers.
``(k) Fees.--
``(1) For ssa verification.--The Secretary shall reimburse
the Commissioner of Social Security, at a rate negotiated
between the Secretary and the Commissioner, for the costs
incurred by the Commissioner in performing the verification
services described in subsection (j).
``(2) For information from state directories of new
hires.--The Secretary shall reimburse costs incurred by State
directories of new hires in furnishing information as
required by subsection (j)(3), at rates which the Secretary
determines to be reasonable (which rates shall not include
payment for the costs of obtaining, compiling, or maintaining
such information).
``(3) For information furnished to state and federal
agencies.--A State or Federal agency that receives
information from the Secretary pursuant to this section shall
reimburse the Secretary for costs incurred by the Secretary
in furnishing the information, at rates which the Secretary
determines to be reasonable (which rates shall include
payment for the costs of obtaining, verifying, maintaining,
and comparing the information).
``(l) Restriction on Disclosure and Use.--Information in
the Federal Parent Locator Service, and information resulting
from comparisons using such information, shall not be used or
disclosed except as expressly provided in this section,
subject to section 6103 of the Internal Revenue Code of 1986.
``(m) Information Integrity and Security.--The Secretary
shall establish and implement safeguards with respect to the
entities established under this section designed to--
``(1) ensure the accuracy and completeness of information
in the Federal Parent Locator Service; and
``(2) restrict access to confidential information in the
Federal Parent Locator Service to authorized persons, and
restrict use of such information to authorized purposes.
``(n) Federal Government Reporting.--Each department,
agency, and instrumentality of the United States shall on a
quarterly basis report to the Federal Parent Locator Service
the name and social security number of each employee and the
wages paid to the employee during the previous quarter,
except that such a report shall not be filed with respect to
an employee of a department, agency, or instrumentality
performing intelligence or counterintelligence functions, if
the head of such department, agency, or instrumentality has
determined that filing such a report could endanger the
safety of the employee or compromise an ongoing investigation
or intelligence mission.''.
(g) Conforming Amendments.--
(1) To part d of title iv of the social security act.--
(A) Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to
read as follows:
``(B) the Federal Parent Locator Service established under
section 453;''.
(B) Section 454(13) (42 U.S.C.654(13)) is amended by
inserting ``and provide that information requests by parents
who are residents of other States be treated with the same
priority as requests by parents who are residents of the
State submitting the plan'' before the semicolon.
(2) To federal unemployment tax act.--Section 3304(a)(16)
of the Internal Revenue Code of 1986 is amended--
(A) by striking ``Secretary of Health, Education, and
Welfare'' each place such term appears and inserting
``Secretary of Health and Human Services'';
(B) in subparagraph (B), by striking ``such information''
and all that follows and inserting ``information furnished
under subparagraph (A) or (B) is used only for the purposes
authorized under such subparagraph;'';
(C) by striking ``and'' at the end of subparagraph (A);
(D) by redesignating subparagraph (B) as subparagraph (C);
and
(E) by inserting after subparagraph (A) the following new
subparagraph:
``(B) wage and unemployment compensation information
contained in the records of such agency shall be furnished to
the Secretary of Health and Human Services (in accordance
with regulations promulgated by such Secretary) as necessary
for the purposes of the National Directory of New Hires
established under section 453(i) of the Social Security Act,
and''.
(3) To state grant program under title iii of the social
security act.--Subsection (h) of section 303 (42 U.S.C. 503)
is amended to read as follows:
[[Page 1552]]
``(h)(1) The State agency charged with the administration
of the State law shall, on a reimbursable basis--
``(A) disclose quarterly, to the Secretary of Health and
Human Services, wage and claim information, as required
pursuant to section 453(i)(1), contained in the records of
such agency;
``(B) ensure that information provided pursuant to
subparagraph (A) meets such standards relating to correctness
and verification as the Secretary of Health and Human
Services, with the concurrence of the Secretary of Labor, may
find necessary; and
``(C) establish such safeguards as the Secretary of Labor
determines are necessary to insure that information disclosed
under subparagraph (A) is used only for purposes of section
453(i)(1) in carrying out the child support enforcement
program under title IV.
``(2) Whenever the Secretary of Labor, after reasonable
notice and opportunity for hearing to the State agency
charged with the administration of the State law, finds that
there is a failure to comply substantially with the
requirements of paragraph (1), the Secretary of Labor shall
notify such State agency that further payments will not be
made to the State until the Secretary of Labor is satisfied
that there is no longer any such failure. Until the Secretary
of Labor is so satisfied, the Secretary shall make no future
certification to the Secretary of the Treasury with respect
to the State.
``(3) For purposes of this subsection--
``(A) the term `wage information' means information
regarding wages paid to an individual, the social security
account number of such individual, and the name, address,
State, and the Federal employer identification number of the
employer paying such wages to such individual; and
``(B) the term `claim information' means information
regarding whether an individual is receiving, has received,
or has made application for, unemployment compensation, the
amount of any such compensation being received (or to be
received by such individual), and the individual's current
(or most recent) home address.''.
(4) Disclosure of certain information to agents of child
support enforcement agencies.--
(A) In general.--Paragraph (6) of section 6103(l) of the
Internal Revenue Code of 1986 (relating to disclosure of
return information to Federal, State, and local child support
enforcement agencies) is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting after
subparagraph (A) the following new subparagraph:
``(B) Disclosure to certain agents.--The following
information disclosed to any child support enforcement agency
under subparagraph (A) with respect to any individual with
respect to whom child support obligations are sought to be
established or enforced may be disclosed by such agency to
any agent of such agency which is under contract with such
agency to carry out the purposes described in subparagraph
(C):
``(i) The address and social security account number (or
numbers) of such individual.
``(ii) The amount of any reduction under section 6402(c)
(relating to offset of past-due support against overpayments)
in any overpayment otherwise payable to such individual.''
(B) Conforming amendments.--
(i) Paragraph (3) of section 6103(a) of such Code is
amended by striking ``(l)(12)'' and inserting ``paragraph (6)
or (12) of subsection (l)''.
(ii) Subparagraph (C) of section 6103(l)(6) of such Code,
as redesignated by subsection (a), is amended to read as
follows:
``(C) Restriction on disclosure.--Information may be
disclosed under this paragraph only for purposes of, and to
the extent necessary in, establishing and collecting child
support obligations from, and locating, individuals owing
such obligations.''
(iii) The material following subparagraph (F) of section
6103(p)(4) of such Code is amended by striking ``subsection
(l)(12)(B)'' and inserting ``paragraph (6)(A) or (12)(B) of
subsection (l)''.
SEC. 317. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR
USE IN CHILD SUPPORT ENFORCEMENT.
(a) State Law Requirement.--Section 466(a) (42 U.S.C.
666(a)), as amended by section 315 of this Act, is amended by
adding at the end the following new paragraph:
``(13) Recording of social security numbers in certain
family matters.--Procedures requiring that the social
security number of--
``(A) any applicant for a professional license, commercial
driver's license, occupational license, or marriage license
be recorded on the application;
``(B) any individual who is subject to a divorce decree,
support order, or paternity determination or acknowledgment
be placed in the records relating to the matter; and
``(C) any individual who has died be placed in the records
relating to the death and be recorded on the death
certificate.
For purposes of subparagraph (A), if a State allows the use
of a number other than the social security number, the State
shall so advise any applicants.''.
(b) Conforming Amendments.--Section 205(c)(2)(C) (42 U.S.C.
405(c)(2)(C)), as amended by section 321(a)(9) of the Social
Security Independence and Program Improvements Act of 1994,
is amended--
(1) in clause (i), by striking ``may require'' and
inserting ``shall require'';
(2) in clause (ii), by inserting after the 1st sentence the
following: ``In the administration of any law involving the
issuance of a marriage certificate or license, each State
shall require each party named in the certificate or license
to furnish to the State (or political subdivision thereof),
or any State agency having administrative responsibility for
the law involved, the social security number of the party.'';
(3) in clause (ii), by inserting ``or marriage
certificate'' after ``Such numbers shall not be recorded on
the birth certificate''.
(4) in clause (vi), by striking ``may'' and inserting
``shall''; and
(5) by adding at the end the following new clauses:
``(x) An agency of a State (or a political subdivision
thereof) charged with the administration of any law
concerning the issuance or renewal of a license, certificate,
permit, or other authorization to engage in a profession, an
occupation, or a commercial activity shall require all
applicants for issuance or renewal of the license,
certificate, permit, or other authorization to provide the
applicant's social security number to the agency for the
purpose of administering such laws, and for the purpose of
responding to requests for information from an agency
operating pursuant to part D of title IV.
``(xi) All divorce decrees, support orders, and paternity
determinations issued, and all paternity acknowledgments
made, in each State shall include the social security number
of each party to the decree, order, determination, or
acknowledgment in the records relating to the matter, for the
purpose of responding to requests for information from an
agency operating pursuant to part D of title IV.''.
Subtitle C--Streamlining and Uniformity of Procedures
SEC. 321. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding at the end
the following new subsection:
``(f) Uniform Interstate Family Support Act.--
``(1) Enactment and use.--In order to satisfy section
454(20)(A), on and after January 1, 1998, each State must
have in effect the Uniform Interstate Family Support Act, as
approved by the American Bar Association on February 9, 1993,
together with any amendments officially adopted before
January 1, 1998, by the National Conference of Commissioners
on Uniform State Laws.
``(2) Employers to follow procedural rules of state where
employee works.--The State law enacted pursuant to paragraph
(1) shall provide that an employer that receives an income
withholding order or notice pursuant to section 501 of the
Uniform Interstate Family Support Act follow the procedural
rules that apply with respect to such order or notice under
the laws of the State in which the obligor works.''.
SEC. 322. IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD
SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is amended--
(1) in subsection (a)(2), by striking ``subsection (e)''
and inserting ``subsections (e), (f), and (i)'';
(2) in subsection (b), by inserting after the 2d
undesignated paragraph the following:
`` `child's home State' means the State in which a child
lived with a parent or a person acting as parent for at least
6 consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than 6 months old, the State in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month
period.'';
(3) in subsection (c), by inserting ``by a court of a
State'' before ``is made'';
(4) in subsection (c)(1), by inserting ``and subsections
(e), (f), and (g)'' after ``located'';
(5) in subsection (d)--
(A) by inserting ``individual'' before ``contestant''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(6) in subsection (e), by striking ``make a modification of
a child support order with respect to a child that is made''
and inserting ``modify a child support order issued'';
(7) in subsection (e)(1), by inserting ``pursuant to
subsection (i)'' before the semicolon;
(8) in subsection (e)(2)--
(A) by inserting ``individual'' before ``contestant'' each
place such term appears; and
(B) by striking ``to that court's making the modification
and assuming'' and inserting ``with the State of continuing,
exclusive jurisdiction for a court of another State to modify
the order and assume'';
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(10) by inserting after subsection (e) the following new
subsection:
``(f) Recognition of Child Support Orders.--If 1 or more
child support orders have been issued in this or another
State with regard to an obligor and a child, a court shall
apply the following rules in determining which order to
recognize for purposes of continuing, exclusive jurisdiction
and enforcement:
``(1) If only 1 court has issued a child support order, the
order of that court must be recognized.
``(2) If 2 or more courts have issued child support orders
for the same obligor and child, and only 1 of the courts
would have continuing, exclusive jurisdiction under this
section, the order of that court must be recognized.
``(3) If 2 or more courts have issued child support orders
for the same obligor and child, and more than 1 of the courts
would have continuing, exclusive jurisdiction under
[[Page 1553]]
this section, an order issued by a court in the current home
State of the child must be recognized, but if an order has
not been issued in the current home State of the child, the
order most recently issued must be recognized.
``(4) If 2 or more courts have issued child support orders
for the same obligor and child, and none of the courts would
have continuing, exclusive jurisdiction under this section, a
court may issue a child support order, which must be
recognized.
``(5) The court that has issued an order recognized under
this subsection is the court having continuing, exclusive
jurisdiction.'';
(11) in subsection (g) (as so redesignated)--
(A) by striking ``Prior'' and inserting ``Modified''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(12) in subsection (h) (as so redesignated)--
(A) in paragraph (2), by inserting ``including the duration
of current payments and other obligations of support'' before
the comma; and
(B) in paragraph (3), by inserting ``arrears under'' after
``enforce''; and
(13) by adding at the end the following new subsection:
``(i) Registration for Modification.--If there is no
individual contestant or child residing in the issuing State,
the party or support enforcement agency seeking to modify, or
to modify and enforce, a child support order issued in
another State shall register that order in a State with
jurisdiction over the nonmovant for the purpose of
modification.''.
SEC. 323. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315 and 317(a) of this Act, is amended by adding at the end
the following new paragraph:
``(14) Administrative enforcement in interstate cases.--
Procedures under which--
``(A)(i) the State shall respond within 5 business days to
a request made by another State to enforce a support order;
and
``(ii) the term `business day' means a day on which State
offices are open for regular business;
``(B) the State may, by electronic or other means, transmit
to another State a request for assistance in a case involving
the enforcement of a support order, which request--
``(i) shall include such information as will enable the
State to which the request is transmitted to compare the
information about the case to the information in the data
bases of the State; and
``(ii) shall constitute a certification by the requesting
State--
``(I) of the amount of support under the order the payment
of which is in arrears; and
``(II) that the requesting State has complied with all
procedural due process requirements applicable to the case;
``(C) if the State provides assistance to another State
pursuant to this paragraph with respect to a case, neither
State shall consider the case to be transferred to the
caseload of such other State; and
``(D) the State shall maintain records of--
``(i) the number of such requests for assistance received
by the State;
``(ii) the number of cases for which the State collected
support in response to such a request; and
``(iii) the amount of such collected support.''.
SEC. 324. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) Promulgation.--Section 452(a) (42 U.S.C. 652(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) not later than June 30, 1996, after consulting with
the State directors of programs under this part, promulgate
forms to be used by States in interstate cases for--
``(A) collection of child support through income
withholding;
``(B) imposition of liens; and
``(C) administrative subpoenas.''.
(b) Use by States.--Section 454(9) (42 U.S.C. 654(9)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
and
(3) by adding at the end the following new subparagraph:
``(E) no later than October 1, 1996, in using the forms
promulgated pursuant to section 452(a)(11) for income
withholding, imposition of liens, and issuance of
administrative subpoenas in interstate child support
cases;''.
SEC. 325. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
(a) State Law Requirements.--Section 466 (42 U.S.C. 666),
as amended by section 314 of this Act, is amended--
(1) in subsection (a)(2), by striking the first sentence
and inserting the following: ``Expedited administrative and
judicial procedures (including the procedures specified in
subsection (c)) for establishing paternity and for
establishing, modifying, and enforcing support
obligations.''; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Expedited Procedures.--The procedures specified in
this subsection are the following:
``(1) Administrative action by state agency.--Procedures
which give the State agency the authority to take the
following actions relating to establishment or enforcement of
support orders, without the necessity of obtaining an order
from any other judicial or administrative tribunal, and to
recognize and enforce the authority of State agencies of
other States) to take the following actions:
``(A) Genetic testing.--To order genetic testing for the
purpose of paternity establishment as provided in section
466(a)(5).
``(B) Financial or other information.--To subpoena any
financial or other information needed to establish, modify,
or enforce a support order, and to impose penalties for
failure to respond to such a subpoena.
``(C) Response to state agency request.--To require all
entities in the State (including for-profit, nonprofit, and
governmental employers) to provide promptly, in response to a
request by the State agency of that or any other State
administering a program under this part, information on the
employment, compensation, and benefits of any individual
employed by such entity as an employee or contractor, and to
sanction failure to respond to any such request.
``(D) Access to certain records.--To obtain access, subject
to safeguards on privacy and information security, to the
following records (including automated access, in the case of
records maintained in automated data bases):
``(i) Records of other State and local government agencies,
including--
``(I) vital statistics (including records of marriage,
birth, and divorce);
``(II) State and local tax and revenue records (including
information on residence address, employer, income and
assets);
``(III) records concerning real and titled personal
property;
``(IV) records of occupational and professional licenses,
and records concerning the ownership and control of
corporations, partnerships, and other business entities;
``(V) employment security records;
``(VI) records of agencies administering public assistance
programs;
``(VII) records of the motor vehicle department; and
``(VIII) corrections records.
``(ii) Certain records held by private entities,
including--
``(I) customer records of public utilities and cable
television companies; and
``(II) information (including information on assets and
liabilities) on individuals who owe or are owed support (or
against or with respect to whom a support obligation is
sought) held by financial institutions (subject to
limitations on liability of such entities arising from
affording such access), as provided pursuant to agreements
described in subsection (a)(18).
``(E) Change in payee.--In cases in which support is
subject to an assignment in order to comply with a
requirement imposed pursuant to part A or section 1912, or to
a requirement to pay through the State disbursement unit
established pursuant to section 454B, upon providing notice
to obligor and obligee, to direct the obligor or other payor
to change the payee to the appropriate government entity.
``(F) Income withholding.--To order income withholding in
accordance with subsections (a)(1) and (b) of section 466.
``(G) Securing assets.--In cases in which there is a
support arrearage, to secure assets to satisfy the arrearage
by--
``(i) intercepting or seizing periodic or lump-sum payments
from--
``(I) a State or local agency, including unemployment
compensation, workers' compensation, and other benefits; and
``(II) judgments, settlements, and lotteries;
``(ii) attaching and seizing assets of the obligor held in
financial institutions;
``(iii) attaching public and private retirement funds; and
``(iv) imposing liens in accordance with subsection (a)(4)
and, in appropriate cases, to force sale of property and
distribution of proceeds.
``(H) Increase monthly payments.--For the purpose of
securing overdue support, to increase the amount of monthly
support payments to include amounts for arrearages, subject
to such conditions or limitations as the State may provide.
Such procedures shall be subject to due process safeguards,
including (as appropriate) requirements for notice,
opportunity to contest the action, and opportunity for an
appeal on the record to an independent administrative or
judicial tribunal.
``(2) Substantive and procedural rules.--The expedited
procedures required under subsection (a)(2) shall include the
following rules and authority, applicable with respect to all
proceedings to establish paternity or to establish, modify,
or enforce support orders:
``(A) Locator information; presumptions concerning
notice.--Procedures under which--
``(i) each party to any paternity or child support
proceeding is required (subject to privacy safeguards) to
file with the tribunal and the State case registry upon entry
of an order, and to update as appropriate, information on
location and identity of the party, including social security
number, residential and mailing addresses, telephone number,
driver's license number, and name, address, and name and
telephone number of employer; and
``(ii) in any subsequent child support enforcement action
between the parties, upon sufficient showing that diligent
effort has been made to ascertain the location of such
[[Page 1554]]
a party, the tribunal may deem State due process requirements
for notice and service of process to be met with respect to
the party, upon delivery of written notice to the most recent
residential or employer address filed with the tribunal
pursuant to clause (i).
``(B) Statewide jurisdiction.--Procedures under which--
``(i) the State agency and any administrative or judicial
tribunal with authority to hear child support and paternity
cases exerts statewide jurisdiction over the parties; and
``(ii) in a State in which orders are issued by courts or
administrative tribunals, a case may be transferred between
local jurisdictions in the State without need for for any
additional filing by the petitioner, or service of process
upon the respondent, to retain jurisdiction over the parties.
``(3) Coordination with erisa.--Notwithstanding subsection
(d) of section 514 of the Employee Retirement Income Security
Act of 1974 (relating to effect on other laws), nothing in
this subsection shall be construed to alter, amend, modify,
invalidate, impair, or supersede subsections (a), (b), and
(c) of such section 514 as it applies with respect to any
procedure referred to in paragraph (1) and any expedited
procedure referred to in paragraph (2), except to the extent
that such procedure would be consistent with the requirements
of section 206(d)(3) of such Act (relating to qualified
domestic relations orders) or the requirements of section
609(a) of such Act (relating to qualified medical child
support orders) if the reference in such section 206(d)(3) to
a domestic relations order and the reference in such section
609(a) to a medical child support order were a reference to a
support order referred to in paragraphs (1) and (2) relating
to the same matters, respectively.''.
(b) Automation of State Agency Functions.--Section 454A, as
added by section 344(a)(2) and as amended by sections 311 and
312(c) of this Act, is amended by adding at the end the
following new subsection:
``(h) Expedited Administrative Procedures.--The automated
system required by this section shall be used, to the maximum
extent feasible, to implement the expedited administrative
procedures required by section 466(c).''.
Subtitle D--Paternity Establishment
SEC. 331. STATE LAWS CONCERNING PATERNITY ESTABLISHMENT.
(a) State Laws Required.--Section 466(a)(5) (42 U.S.C.
666(a)(5)) is amended to read as follows:
``(5) Procedures concerning paternity establishment.--
``(A) Establishment process available from birth until age
18.--
``(i) Procedures which permit the establishment of the
paternity of a child at any time before the child attains 18
years of age.
``(ii) As of August 16, 1984, clause (i) shall also apply
to a child for whom paternity has not been established or for
whom a paternity action was brought but dismissed because a
statute of limitations of less than 18 years was then in
effect in the State.
``(B) Procedures concerning genetic testing.--
``(i) Genetic testing required in certain contested
cases.--Procedures under which the State is required, in a
contested paternity case (unless otherwise barred by State
law) to require the child and all other parties (other than
individuals found under section 454(29) to have good cause
for refusing to cooperate) to submit to genetic tests upon
the request of any such party, if the request is supported by
a sworn statement by the party--
``(I) alleging paternity, and setting forth facts
establishing a reasonable possibility of the requisite sexual
contact between the parties; or
``(II) denying paternity, and setting forth facts
establishing a reasonable possibility of the nonexistence of
sexual contact between the parties.
``(ii) Other requirements.--Procedures which require the
State agency, in any case in which the agency orders genetic
testing--
``(I) to pay costs of such tests, subject to recoupment (if
the State so elects) from the alleged father if paternity is
established; and
``(II) to obtain additional testing in any case if an
original test result is contested, upon request and advance
payment by the contestant.
``(C) Voluntary paternity acknowledgment.--
``(i) Simple civil process.--Procedures for a simple civil
process for voluntarily acknowledging paternity under which
the State must provide that, before a mother and a putative
father can sign an acknowledgment of paternity, the mother
and the putative father must be given notice, orally and in
writing, of the alternatives to, the legal consequences of,
and the rights (including, if 1 parent is a minor, any rights
afforded due to minority status) and responsibilities that
arise from, signing the acknowledgment.
``(ii) Hospital-based program.--Such procedures must
include a hospital-based program for the voluntary
acknowledgment of paternity focusing on the period
immediately before or after the birth of a child, subject to
such good cause exceptions, taking into account the best
interests of the child, as the State may establish.
``(iii) Paternity establishment services.--
``(I) State-offered services.--Such procedures must require
the State agency responsible for maintaining birth records to
offer voluntary paternity establishment services.
``(II) Regulations.--
``(aa) Services offered by hospitals and birth record
agencies.--The Secretary shall prescribe regulations
governing voluntary paternity establishment services offered
by hospitals and birth record agencies.
``(bb) Services offered by other entities.--The Secretary
shall prescribe regulations specifying the types of other
entities that may offer voluntary paternity establishment
services, and governing the provision of such services, which
shall include a requirement that such an entity must use the
same notice provisions used by, use the same materials used
by, provide the personnel providing such services with the
same training provided by, and evaluate the provision of such
services in the same manner as the provision of such services
is evaluated by, voluntary paternity establishment programs
of hospitals and birth record agencies.
``(iv) Use of paternity acknowledgment affidavit.--Such
procedures must require the State to develop and use an
affidavit for the voluntary acknowledgment of paternity which
includes the minimum requirements of the affidavit developed
by the Secretary under section 452(a)(7) for the voluntary
acknowledgment of paternity, and to give full faith and
credit to such an affidavit signed in any other State
according to its procedures.
``(D) Status of signed paternity acknowledgment.--
``(i) Inclusion in birth records.--Procedures under which
the name of the father shall be included on the record of
birth of the child of unmarried parents only if--
``(I) the father and mother have signed a voluntary
acknowledgment of paternity; or
``(II) a court or an administrative agency of competent
jurisdiction has issued an adjudication of paternity.
Nothing in this clause shall preclude a State agency from
obtaining an admission of paternity from the father for
submission in a judicial or administrative proceeding, or
prohibit the issuance of an order in a judicial or
administrative proceeding which bases a legal finding of
paternity on an admission of paternity by the father and any
other additional showing required by State law.
``(ii) Legal finding of paternity.--Procedures under which
a signed voluntary acknowledgment of paternity is considered
a legal finding of paternity, subject to the right of any
signatory to rescind the acknowledgment within the earlier
of--
``(I) 60 days; or
``(II) the date of an administrative or judicial proceeding
relating to the child (including a proceeding to establish a
support order) in which the signatory is a party.
``(iii) Contest.--Procedures under which, after the 60-day
period referred to in clause (ii), a signed voluntary
acknowledgment of paternity may be challenged in court only
on the basis of fraud, duress, or material mistake of fact,
with the burden of proof upon the challenger, and under which
the legal responsibilities (including child support
obligations) of any signatory arising from the acknowledgment
may not be suspended during the challenge, except for good
cause shown.
``(E) Bar on acknowledgment ratification proceedings.--
Procedures under which judicial or administrative proceedings
are not required or permitted to ratify an unchallenged
acknowledgment of paternity.
``(F) Admissibility of genetic testing results.--
Procedures--
``(i) requiring the admission into evidence, for purposes
of establishing paternity, of the results of any genetic test
that is--
``(I) of a type generally acknowledged as reliable by
accreditation bodies designated by the Secretary; and
``(II) performed by a laboratory approved by such an
accreditation body;
``(ii) requiring an objection to genetic testing results to
be made in writing not later than a specified number of days
before any hearing at which the results may be introduced
into evidence (or, at State option, not later than a
specified number of days after receipt of the results); and
``(iii) making the test results admissible as evidence of
paternity without the need for foundation testimony or other
proof of authenticity or accuracy, unless objection is made.
``(G) Presumption of paternity in certain cases.--
Procedures which create a rebuttable or, at the option of the
State, conclusive presumption of paternity upon genetic
testing results indicating a threshold probability that the
alleged father is the father of the child.
``(H) Default orders.--Procedures requiring a default order
to be entered in a paternity case upon a showing of service
of process on the defendant and any additional showing
required by State law.
``(I) No right to jury trial.--Procedures providing that
the parties to an action to establish paternity are not
entitled to a trial by jury.
``(J) Temporary support order based on probable paternity
in contested cases.--Procedures which require that a
temporary order be issued, upon motion by a party, requiring
the provision of child support pending an administrative or
judicial determination of parentage, if there is clear and
convincing evidence of paternity (on the basis of genetic
tests or other evidence).
``(K) Proof of certain support and paternity establishment
costs.--Procedures under which bills for pregnancy,
childbirth, and genetic testing are admissible as evidence
without requiring third-party foundation testimony, and shall
constitute prima facie evidence of amounts incurred for such
services or for testing on behalf of the child.
[[Page 1555]]
``(L) Standing of putative fathers.--Procedures ensuring
that the putative father has a reasonable opportunity to
initiate a paternity action.
``(M) Filing of acknowledgments and adjudications in state
registry of birth records.--Procedures under which voluntary
acknowledgments and adjudications of paternity by judicial or
administrative processes are filed with the State registry of
birth records for comparison with information in the State
case registry.''.
(b) National Paternity Acknowledgment Affidavit.--Section
452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting ``,
and develop an affidavit to be used for the voluntary
acknowledgment of paternity which shall include the social
security number of each parent and, after consultation with
the States, other common elements as determined by such
designee'' before the semicolon.
(c) Conforming Amendment.--Section 468 (42 U.S.C. 668) is
amended by striking ``a simple civil process for voluntarily
acknowledging paternity and''.
SEC. 332. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by inserting
``and will publicize the availability and encourage the use
of procedures for voluntary establishment of paternity and
child support by means the State deems appropriate'' before
the semicolon.
SEC. 333. COOPERATION BY APPLICANTS FOR AND RECIPIENTS OF
TEMPORARY FAMILY ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections 301(b),
303(a), 312(a), and 313(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) provide that the State agency responsible for
administering the State plan--
``(A) shall make the determination (and redetermination at
appropriate intervals) as to whether an individual who has
applied for or is receiving assistance under the State
program funded under part A or the State program under title
XIX is cooperating in good faith with the State in
establishing the paternity of, or in establishing, modifying,
or enforcing a support order for, any child of the individual
by providing the State agency with the name of, and such
other information as the State agency may require with
respect to, the noncustodial parent of the child, subject to
such good cause exceptions, taking into account the best
interests of the child, as the State may establish through
the State agency, or at the option of the State, through the
State agencies administering the State programs funded under
part A and title XIX;
``(B) shall require the individual to supply additional
necessary information and appear at interviews, hearings, and
legal proceedings;
``(C) shall require the individual and the child to submit
to genetic tests pursuant to judicial or administrative
order;
``(D) may request that the individual sign a voluntary
acknowledgment of paternity, after notice of the rights and
consequences of such an acknowledgment, but may not require
the individual to sign an acknowledgment or otherwise
relinquish the right to genetic tests as a condition of
cooperation and eligibility for assistance under the State
program funded under part A or the State program under title
XIX; and
``(E) shall promptly notify the individual and the State
agency administering the State program funded under part A
and the State agency administering the State program under
title XIX of each such determination, and if noncooperation
is determined, the basis therefore.''.
Subtitle E--Program Administration and Funding
SEC. 341. PERFORMANCE-BASED INCENTIVES AND PENALTIES.
(a) Development of New System.--The Secretary of Health and
Human Services, in consultation with State directors of
programs under part D of title IV of the Social Security Act,
shall develop a new incentive system to replace, in a revenue
neutral manner, the system under section 458 of such Act. The
new system shall provide additional payments to any State
based on such State's performance under such a program. Not
later than June 1, 1996, the Secretary shall report on the
new system to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
(b) Conforming Amendments to Present System.--Section 458
(42 U.S.C. 658) is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved under part A
of this title'' and inserting ``assistance under a program
funded under part A'';
(2) in subsection (b)(1)(A), by striking ``section
402(a)(26)'' and inserting ``section 408(a)(4)'';
(3) in subsections (b) and (c)--
(A) by striking ``AFDC collections'' each place it appears
and inserting ``title IV-A collections'', and
(B) by striking ``non-AFDC collections'' each place it
appears and inserting ``non-title IV-A collections''; and
(4) in subsection (c), by striking ``combined AFDC/non-AFDC
administrative costs'' both places it appears and inserting
``combined title IV-A/non-title IV-A administrative costs''.
(c) Calculation of IV-D Paternity Establishment
Percentage.--
(1) Section 452(g)(1)(A) (42 U.S.C. 652(g)(1)(A)) is
amended by striking ``75'' and inserting ``90''.
(2) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is amended by
redesignating subparagraphs (B) through (E) as subparagraphs
(C) through (F), respectively, and by inserting after
subparagraph (A) the following new subparagraph:
``(B) for a State with a paternity establishment percentage
of not less than 75 percent but less than 90 percent for such
fiscal year, the paternity establishment percentage of the
State for the immediately preceding fiscal year plus 2
percentage points;''.
(3) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended in the matter preceding clause (i)--
(A) by striking ``paternity establishment percentage'' and
inserting ``IV-D paternity establishment percentage''; and
(B) by striking ``(or all States, as the case may be)''.
(4) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended by
adding at the end the following new sentence: ``In meeting
the 90 percent paternity establishment requirement, a State
may calculate either the paternity establishment rate of
cases in the program funded under this part or the paternity
establishment rate of all out-of-wedlock births in the
State.''.
(5) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is amended--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively;
(B) in subparagraph (A) (as so redesignated), by striking
``the percentage of children born out-of-wedlock in a State''
and inserting ``the percentage of children in a State who are
born out of wedlock or for whom support has not been
established''; and
(C) in subparagraph (B) (as so redesignated) by inserting
``and securing support'' before the period.
(d) Effective Dates.--
(1) Incentive adjustments.--
(A) In general.--The system developed under subsection (a)
and the amendments made by subsection (b) shall become
effective on October 1, 1997, except to the extent provided
in subparagraph (B).
(B) Application of section 458.--Section 458 of the Social
Security Act, as in effect on the day before the date of the
enactment of this section, shall be effective for purposes of
incentive payments to States for fiscal years before fiscal
year 1999.
(2) Penalty reductions.--The amendments made by subsection
(c) shall become effective with respect to calendar quarters
beginning on or after the date of the enactment of this Act.
SEC. 342. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) State Agency Activities.--Section 454 (42 U.S.C. 654)
is amended--
(1) in paragraph (14), by striking ``(14)'' and inserting
``(14)(A)'';
(2) by redesignating paragraph (15) as subparagraph (B) of
paragraph (14); and
(3) by inserting after paragraph (14) the following new
paragraph:
``(15) provide for--
``(A) a process for annual reviews of and reports to the
Secretary on the State program operated under the State plan
approved under this part, including such information as may
be necessary to measure State compliance with Federal
requirements for expedited procedures, using such standards
and procedures as are required by the Secretary, under which
the State agency will determine the extent to which the
program is operated in compliance with this part; and
``(B) a process of extracting from the automated data
processing system required by paragraph (16) and transmitting
to the Secretary data and calculations concerning the levels
of accomplishment (and rates of improvement) with respect to
applicable performance indicators (including IV-D paternity
establishment percentages to the extent necessary for
purposes of sections 452(g) and 458.''.
(b) Federal Activities.--Section 452(a)(4) (42 U.S.C.
652(a)(4)) is amended to read as follows:
``(4)(A) review data and calculations transmitted by State
agencies pursuant to section 454(15)(B) on State program
accomplishments with respect to performance indicators for
purposes of subsection (g) of this section and section 458;
``(B) review annual reports submitted pursuant to section
454(15)(A) and, as appropriate, provide to the State
comments, recommendations for additional or alternative
corrective actions, and technical assistance; and
``(C) conduct audits, in accordance with the Government
auditing standards of the Comptroller General of the United
States--
``(i) at least once every 3 years (or more frequently, in
the case of a State which fails to meet the requirements of
this part concerning performance standards and reliability of
program data) to assess the completeness, reliability, and
security of the data, and the accuracy of the reporting
systems, used in calculating performance indicators under
subsection (g) of this section and section 458;
``(ii) of the adequacy of financial management of the State
program operated under the State plan approved under this
part, including assessments of--
[[Page 1556]]
``(I) whether Federal and other funds made available to
carry out the State program are being appropriately expended,
and are properly and fully accounted for; and
``(II) whether collections and disbursements of support
payments are carried out correctly and are fully accounted
for; and
``(iii) for such other purposes as the Secretary may find
necessary;''.
(c) Effective Date.--The amendments made by this section
shall be effective with respect to calendar quarters
beginning 12 months or more after the date of the enactment
of this Act.
SEC. 343. REQUIRED REPORTING PROCEDURES.
(a) Establishment.--Section 452(a)(5) (42 U.S.C. 652(a)(5))
is amended by inserting ``, and establish procedures to be
followed by States for collecting and reporting information
required to be provided under this part, and establish
uniform definitions (including those necessary to enable the
measurement of State compliance with the requirements of this
part relating to expedited processes) to be applied in
following such procedures'' before the semicolon.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a), 312(a), 313(a), and
333 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and
inserting ``; and''; and
(3) by adding after paragraph (29) the following new
paragraph:
``(30) provide that the State shall use the definitions
established under section 452(a)(5) in collecting and
reporting information as required under this part.''.
SEC. 344. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) Revised Requirements.--
(1) In general.--Section 454(16) (42 U.S.C. 654(16)) is
amended--
(A) by striking ``, at the option of the State,'';
(B) by inserting ``and operation by the State agency''
after ``for the establishment'';
(C) by inserting ``meeting the requirements of section
454A'' after ``information retrieval system'';
(D) by striking ``in the State and localities thereof, so
as (A)'' and inserting ``so as'';
(E) by striking ``(i)''; and
(F) by striking ``(including'' and all that follows and
inserting a semicolon.
(2) Automated data processing.--Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 454 the
following new section:
``SEC. 454A. AUTOMATED DATA PROCESSING.
``(a) In General.--In order for a State to meet the
requirements of this section, the State agency administering
the State program under this part shall have in operation a
single statewide automated data processing and information
retrieval system which has the capability to perform the
tasks specified in this section with the frequency and in the
manner required by or under this part.
``(b) Program Management.--The automated system required by
this section shall perform such functions as the Secretary
may specify relating to management of the State program under
this part, including--
``(1) controlling and accounting for use of Federal, State,
and local funds in carrying out the program; and
``(2) maintaining the data necessary to meet Federal
reporting requirements under this part on a timely basis.
``(c) Calculation of Performance Indicators.--In order to
enable the Secretary to determine the incentive payments and
penalty adjustments required by sections 452(g) and 458, the
State agency shall--
``(1) use the automated system--
``(A) to maintain the requisite data on State performance
with respect to paternity establishment and child support
enforcement in the State; and
``(B) to calculate the IV-D paternity establishment
percentage for the State for each fiscal year; and
``(2) have in place systems controls to ensure the
completeness and reliability of, and ready access to, the
data described in paragraph (1)(A), and the accuracy of the
calculations described in paragraph (1)(B).
``(d) Information Integrity and Security.--The State agency
shall have in effect safeguards on the integrity, accuracy,
and completeness of, access to, and use of data in the
automated system required by this section, which shall
include the following (in addition to such other safeguards
as the Secretary may specify in regulations):
``(1) Policies restricting access.--Written policies
concerning access to data by State agency personnel, and
sharing of data with other persons, which--
``(A) permit access to and use of data only to the extent
necessary to carry out the State program under this part; and
``(B) specify the data which may be used for particular
program purposes, and the personnel permitted access to such
data.
``(2) Systems controls.--Systems controls (such as
passwords or blocking of fields) to ensure strict adherence
to the policies described in paragraph (1).
``(3) Monitoring of access.--Routine monitoring of access
to and use of the automated system, through methods such as
audit trails and feedback mechanisms, to guard against and
promptly identify unauthorized access or use.
``(4) Training and information.--Procedures to ensure that
all personnel (including State and local agency staff and
contractors) who may have access to or be required to use
confidential program data are informed of applicable
requirements and penalties (including those in section 6103
of the Internal Revenue Code of 1986), and are adequately
trained in security procedures.
``(5) Penalties.--Administrative penalties (up to and
including dismissal from employment) for unauthorized access
to, or disclosure or use of, confidential data.''.
(3) Regulations.--The Secretary of Health and Human
Services shall prescribe final regulations for implementation
of section 454A of the Social Security Act not later than 2
years after the date of the enactment of this Act.
(4) Implementation timetable.--Section 454(24) (42 U.S.C.
654(24)), as amended by section 303(a)(1) of this Act, is
amended to read as follows:
``(24) provide that the State will have in effect an
automated data processing and information retrieval system--
``(A) by October 1, 1997, which meets all requirements of
this part which were enacted on or before the date of
enactment of the Family Support Act of 1988, and
``(B) by October 1, 1999, which meets all requirements of
this part enacted on or before the date of the enactment of
the Bipartisan Welfare Reform Act of 1996, except that such
deadline shall be extended by 1 day for each day (if any) by
which the Secretary fails to meet the deadline imposed by
section 344(a)(3) of the Bipartisan Welfare Reform Act of
1996;''.
(b) Special Federal Matching Rate for Development Costs of
Automated Systems.--
(1) In general.--Section 455(a) (42 U.S.C. 655(a)) is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``90 percent'' and inserting ``the percent
specified in paragraph (3)'';
(ii) by striking ``so much of''; and
(iii) by striking ``which the Secretary'' and all that
follows and inserting ``, and''; and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall pay to each State, for each
quarter in fiscal years 1996 and 1997, 90 percent of so much
of the State expenditures described in paragraph (1)(B) as
the Secretary finds are for a system meeting the requirements
specified in section 454(16) (as in effect on September 30,
1995) but limited to the amount approved for States in the
advance planning documents of such States submitted on or
before May 1, 1995.
``(B)(i) The Secretary shall pay to each State, for each
quarter in fiscal years 1996 through 2001, the percentage
specified in clause (ii) of so much of the State expenditures
described in paragraph (1)(B) as the Secretary finds are for
a system meeting the requirements of sections 454(16) and
454A.
``(ii) The percentage specified in this clause is 80
percent.''.
(2) Temporary limitation on payments under special federal
matching rate.--
(A) In general.--The Secretary of Health and Human Services
may not pay more than $400,000,000 in the aggregate under
section 455(a)(3)(B) of the Social Security Act for fiscal
years 1996 through 2001.
(B) Allocation of limitation among states.--The total
amount payable to a State under section 455(a)(3)(B) of such
Act for fiscal years 1996 through 2001 shall not exceed the
limitation determined for the State by the Secretary of
Health and Human Services in regulations.
(C) Allocation formula.--The regulations referred to in
subparagraph (B) shall prescribe a formula for allocating the
amount specified in subparagraph (A) among States with plans
approved under part D of title IV of the Social Security Act,
which shall take into account--
(i) the relative size of State caseloads under such part;
and
(ii) the level of automation needed to meet the automated
data processing requirements of such part.
(c) Conforming Amendment.--Section 123(c) of the Family
Support Act of 1988 (102 Stat. 2352; Public Law 100-485) is
repealed.
SEC. 345. TECHNICAL ASSISTANCE.
(a) For Training of Federal and State Staff, Research and
Demonstration Programs, and Special Projects of Regional or
National Significance.--Section 452 (42 U.S.C. 652) is
amended by adding at the end the following new subsection:
``(j) Out of any money in the Treasury of the United States
not otherwise appropriated, there is hereby appropriated to
the Secretary for each fiscal year an amount equal to 1
percent of the total amount paid to the Federal Government
pursuant to section 457(a) during the immediately preceding
fiscal year (as determined on the basis of the most recent
reliable data available to the Secretary as of the end of the
3rd calendar quarter following the end of such preceding
fiscal year), to cover costs incurred by the Secretary for--
``(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing
studies, and related activities needed to improve programs
under this part (including technical assistance concerning
State automated systems required by this part); and
``(2) research, demonstration, and special projects of
regional or national significance relating to the operation
of State programs under this part.
The amount appropriated under this subsection shall remain
available until expended.''.
(b) Operation of Federal Parent Locator Service.--Section
453 (42 U.S.C. 653), as
[[Page 1557]]
amended by section 316 of this Act, is amended by adding at
the end the following new subsection:
``(o) Recovery of Costs.--Out of any money in the Treasury
of the United States not otherwise appropriated, there is
hereby appropriated to the Secretary for each fiscal year an
amount equal to 2 percent of the total amount paid to the
Federal Government pursuant to section 457(a) during the
immediately preceding fiscal year (as determined on the basis
of the most recent reliable data available to the Secretary
as of the end of the 3rd calendar quarter following the end
of such preceding fiscal year), to cover costs incurred by
the Secretary for operation of the Federal Parent Locator
Service under this section, to the extent such costs are not
recovered through user fees.''.
SEC. 346. REPORTS AND DATA COLLECTION BY THE SECRETARY.
(a) Annual Report to Congress.--
(1) Section 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is
amended--
(A) by striking ``this part;'' and inserting ``this part,
including--''; and
(B) by adding at the end the following new clauses:
``(i) the total amount of child support payments collected
as a result of services furnished during the fiscal year to
individuals receiving services under this part;
``(ii) the cost to the States and to the Federal Government
of so furnishing the services; and
``(iii) the number of cases involving families--
``(I) who became ineligible for assistance under State
programs funded under part A during a month in the fiscal
year; and
``(II) with respect to whom a child support payment was
received in the month;''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) in the matter preceding clause (i)--
(i) by striking ``with the data required under each clause
being separately stated for cases'' and inserting
``separately stated for (1) case'';
(ii) by striking ``cases where the child was formerly
receiving'' and inserting ``or formerly received'';
(iii) by inserting ``or 1912'' after ``471(a)(17)''; and
(iv) by inserting ``(2)'' before ``all other'';
(B) in each of clauses (i) and (ii), by striking ``, and
the total amount of such obligations'';
(C) in clause (iii), by striking ``described in'' and all
that follows and inserting ``in which support was collected
during the fiscal year;'';
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause (vii), and
inserting after clause (iii) the following new clauses:
``(iv) the total amount of support collected during such
fiscal year and distributed as current support;
``(v) the total amount of support collected during such
fiscal year and distributed as arrearages;
``(vi) the total amount of support due and unpaid for all
fiscal years; and''.
(3) Section 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is
amended by striking ``on the use of Federal courts and''.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended--
(A) in subparagraph (H), by striking ``and'';
(B) in subparagraph (I), by striking the period and
inserting ``; and''; and
(C) by inserting after subparagraph (I) the following new
subparagraph:
``(J) compliance, by State, with the standards established
pursuant to subsections (h) and (i).''.
(5) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended by
striking all that follows subparagraph (J), as added by
paragraph (4).
(b) Effective Date.--The amendments made by subsection (a)
shall be effective with respect to fiscal year 1996 and
succeeding fiscal years.
Subtitle F--Establishment and Modification of Support Orders
SEC. 351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF
CHILD SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to
read as follows:
``(10) Review and adjustment of support orders upon
request.--Procedures under which the State shall review and
adjust each support order being enforced under this part upon
the request of either parent or the State if there is an
assignment. Such procedures shall provide the following:
``(A) In general.--
``(i) 3-year cycle.--Except as provided in subparagraphs
(B) and (C), the State shall review and, as appropriate,
adjust the support order every 3 years, taking into account
the best interests of the child involved.
``(ii) Methods of adjustment.--The State may elect to
review and, if appropriate, adjust an order pursuant to
clause (i) by--
``(I) reviewing and, if appropriate, adjusting the order in
accordance with the guidelines established pursuant to
section 467(a) if the amount of the child support award under
the order differs from the amount that would be awarded in
accordance with the guidelines; or
``(II) applying a cost-of-living adjustment to the order in
accordance with a formula developed by the State and permit
either party to contest the adjustment, within 30 days after
the date of the notice of the adjustment, by making a request
for review and, if appropriate, adjustment of the order in
accordance with the child support guidelines established
pursuant to section 467(a).
``(iii) No proof of change in circumstances necessary.--Any
adjustment under this subparagraph (A) shall be made without
a requirement for proof or showing of a change in
circumstances.
``(B) Automated method.--The State may use automated
methods (including automated comparisons with wage or State
income tax data) to identify orders eligible for review,
conduct the review, identify orders eligible for adjustment,
and apply the appropriate adjustment to the orders eligible
for adjustment under the threshold established by the State.
``(C) Request upon substantial change in circumstances.--
The State shall, at the request of either parent subject to
such an order or of any State child support enforcement
agency, review and, if appropriate, adjust the order in
accordance with the guidelines established pursuant to
section 467(a) based upon a substantial change in the
circumstances of either parent.
``(D) Notice of right to review.--The State shall provide
notice not less than once every 3 years to the parents
subject to such an order informing them of their right to
request the State to review and, if appropriate, adjust the
order pursuant to this paragraph. The notice may be included
in the order.''.
SEC. 352. FURNISHING CONSUMER REPORTS FOR CERTAIN PURPOSES
RELATING TO CHILD SUPPORT.
Section 604 of the Fair Credit Reporting Act (15 U.S.C.
1681b) is amended by adding at the end the following new
paragraphs:
``(4) In response to a request by the head of a State or
local child support enforcement agency (or a State or local
government official authorized by the head of such an
agency), if the person making the request certifies to the
consumer reporting agency that--
``(A) the consumer report is needed for the purpose of
establishing an individual's capacity to make child support
payments or determining the appropriate level of such
payments;
``(B) the paternity of the consumer for the child to which
the obligation relates has been established or acknowledged
by the consumer in accordance with State laws under which the
obligation arises (if required by those laws);
``(C) the person has provided at least 10 days' prior
notice to the consumer whose report is requested, by
certified or registered mail to the last known address of the
consumer, that the report will be requested; and
``(D) the consumer report will be kept confidential, will
be used solely for a purpose described in subparagraph (A),
and will not be used in connection with any other civil,
administrative, or criminal proceeding, or for any other
purpose.
``(5) To an agency administering a State plan under section
454 of the Social Security Act (42 U.S.C. 654) for use to set
an initial or modified child support award.''.
SEC. 353. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING
FINANCIAL RECORDS TO STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
(a) In General.--Notwithstanding any other provision of
Federal or State law, a financial institution shall not be
liable under any Federal or State law to any person for
disclosing any financial record of an individual to a State
child support enforcement agency attempting to establish,
modify, or enforce a child support obligation of such
individual.
(b) Prohibition of Disclosure of Financial Record Obtained
by State Child Support Enforcement Agency.--A State child
support enforcement agency which obtains a financial record
of an individual from a financial institution pursuant to
subsection (a) may disclose such financial record only for
the purpose of, and to the extent necessary in, establishing,
modifying, or enforcing a child support obligation of such
individual.
(c) Civil Damages for Unauthorized Disclosure.--
(1) Disclosure by state officer or employee.--If any person
knowingly, or by reason of negligence, discloses a financial
record of an individual in violation of subsection (b), such
individual may bring a civil action for damages against such
person in a district court of the United States.
(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this
subsection with respect to any disclosure which results from
a good faith, but erroneous, interpretation of subsection
(b).
(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
(A) the greater of--
(i) $1,000 for each act of unauthorized disclosure of a
financial record with respect to which such defendant is
found liable; or
(ii) the sum of--
(I) the actual damages sustained by the plaintiff as a
result of such unauthorized disclosure; plus
(II) in the case of a willful disclosure or a disclosure
which is the result of gross negligence, punitive damages;
plus
(B) the costs (including attorney's fees) of the action.
(d) Definitions.--For purposes of this section--
(1) Financial institution.--The term ``financial
institution'' means--
[[Page 1558]]
(A) a depository institution, as defined in section 3(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B) an institution-affiliated party, as defined in section
3(u) of such Act (12 U.S.C. 1813(v));
(C) any Federal credit union or State credit union, as
defined in section 101 of the Federal Credit Union Act (12
U.S.C. 1752), including an institution-affiliated party of
such a credit union, as defined in section 206(r) of such Act
(12 U.S.C. 1786(r)); and
(D) any benefit association, insurance company, safe
deposit company, money-market mutual fund, or similar entity
authorized to do business in the State.
(2) Financial record.--The term ``financial record'' has
the meaning given such term in section 1101 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401).
(3) State child support enforcement agency.--The term
``State child support enforcement agency'' means a State
agency which administers a State program for establishing and
enforcing child support obligations.
Subtitle G--Enforcement of Support Orders
SEC. 361. INTERNAL REVENUE SERVICE COLLECTION OF ARREARAGES.
(a) Collection of Fees.--Section 6305(a) of the Internal
Revenue Code of 1986 (relating to collection of certain
liability) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'';
(3) by adding at the end the following new paragraph:
``(5) no additional fee may be assessed for adjustments to
an amount previously certified pursuant to such section
452(b) with respect to the same obligor.''; and
(4) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears and inserting ``Secretary of
Health and Human Services''.
(b) Effective Date.--The amendments made by this section
shall become effective October 1, 1997.
SEC. 362. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL
EMPLOYEES.
(a) Consolidation and Streamlining of Authorities.--Section
459 (42 U.S.C. 659) is amended to read as follows:
``SEC. 459. CONSENT BY THE UNITED STATES TO INCOME
WITHHOLDING, GARNISHMENT, AND SIMILAR
PROCEEDINGS FOR ENFORCEMENT OF CHILD SUPPORT
AND ALIMONY OBLIGATIONS.
``(a) Consent To Support Enforcement.--Notwithstanding any
other provision of law (including section 207 of this Act and
section 5301 of title 38, United States Code), effective
January 1, 1975, moneys (the entitlement to which is based
upon remuneration for employment) due from, or payable by,
the United States or the District of Columbia (including any
agency, subdivision, or instrumentality thereof) to any
individual, including members of the Armed Forces of the
United States, shall be subject, in like manner and to the
same extent as if the United States or the District of
Columbia were a private person, to withholding in accordance
with State law enacted pursuant to subsections (a)(1) and (b)
of section 466 and regulations of the Secretary under such
subsections, and to any other legal process brought, by a
State agency administering a program under a State plan
approved under this part or by an individual obligee, to
enforce the legal obligation of the individual to provide
child support or alimony.
``(b) Consent To Requirements Applicable to Private
Person.--With respect to notice to withhold income pursuant
to subsection (a)(1) or (b) of section 466, or any other
order or process to enforce support obligations against an
individual (if the order or process contains or is
accompanied by sufficient data to permit prompt
identification of the individual and the moneys involved),
each governmental entity specified in subsection (a) shall be
subject to the same requirements as would apply if the entity
were a private person, except as otherwise provided in this
section.
``(c) Designation of Agent; Response to Notice or Process--
``(1) Designation of agent.--The head of each agency
subject to this section shall--
``(A) designate an agent or agents to receive orders and
accept service of process in matters relating to child
support or alimony; and
``(B) annually publish in the Federal Register the
designation of the agent or agents, identified by title or
position, mailing address, and telephone number.
``(2) Response to notice or process.--If an agent
designated pursuant to paragraph (1) of this subsection
receives notice pursuant to State procedures in effect
pursuant to subsection (a)(1) or (b) of section 466, or is
effectively served with any order, process, or interrogatory,
with respect to an individual's child support or alimony
payment obligations, the agent shall--
``(A) as soon as possible (but not later than 15 days)
thereafter, send written notice of the notice or service
(together with a copy of the notice or service) to the
individual at the duty station or last-known home address of
the individual;
``(B) within 30 days (or such longer period as may be
prescribed by applicable State law) after receipt of a notice
pursuant to such State procedures, comply with all applicable
provisions of section 466; and
``(C) within 30 days (or such longer period as may be
prescribed by applicable State law) after effective service
of any other such order, process, or interrogatory, respond
to the order, process, or interrogatory.
``(d) Priority of Claims.--If a governmental entity
specified in subsection (a) receives notice or is served with
process, as provided in this section, concerning amounts owed
by an individual to more than 1 person--
``(1) support collection under section 466(b) must be given
priority over any other process, as provided in section
466(b)(7);
``(2) allocation of moneys due or payable to an individual
among claimants under section 466(b) shall be governed by
section 466(b) and the regulations prescribed under such
section; and
``(3) such moneys as remain after compliance with
paragraphs (1) and (2) shall be available to satisfy any
other such processes on a first-come, first-served basis,
with any such process being satisfied out of such moneys as
remain after the satisfaction of all such processes which
have been previously served.
``(e) No Requirement To Vary Pay Cycles.--A governmental
entity that is affected by legal process served for the
enforcement of an individual's child support or alimony
payment obligations shall not be required to vary its normal
pay and disbursement cycle in order to comply with the legal
process.
``(f) Relief From Liability.--
``(1) Neither the United States, nor the government of the
District of Columbia, nor any disbursing officer shall be
liable with respect to any payment made from moneys due or
payable from the United States to any individual pursuant to
legal process regular on its face, if the payment is made in
accordance with this section and the regulations issued to
carry out this section.
``(2) No Federal employee whose duties include taking
actions necessary to comply with the requirements of
subsection (a) with regard to any individual shall be subject
under any law to any disciplinary action or civil or criminal
liability or penalty for, or on account of, any disclosure of
information made by the employee in connection with the
carrying out of such actions.
``(g) Regulations.--Authority to promulgate regulations for
the implementation of this section shall, insofar as this
section applies to moneys due from (or payable by)--
``(1) the United States (other than the legislative or
judicial branches of the Federal Government) or the
government of the District of Columbia, be vested in the
President (or the designee of the President);
``(2) the legislative branch of the Federal Government, be
vested jointly in the President pro tempore of the Senate and
the Speaker of the House of Representatives (or their
designees), and
``(3) the judicial branch of the Federal Government, be
vested in the Chief Justice of the United States (or the
designee of the Chief Justice).
``(h) Moneys Subject To Process.--
``(1) In general.--Subject to paragraph (2), moneys paid or
payable to an individual which are considered to be based
upon remuneration for employment, for purposes of this
section--
``(A) consist of--
``(i) compensation paid or payable for personal services of
the individual, whether the compensation is denominated as
wages, salary, commission, bonus, pay, allowances, or
otherwise (including severance pay, sick pay, and incentive
pay);
``(ii) periodic benefits (including a periodic benefit as
defined in section 228(h)(3)) or other payments--
``(I) under the insurance system established by title II;
``(II) under any other system or fund established by the
United States which provides for the payment of pensions,
retirement or retired pay, annuities, dependents' or
survivors' benefits, or similar amounts payable on account of
personal services performed by the individual or any other
individual;
``(III) as compensation for death under any Federal
program;
``(IV) under any Federal program established to provide
`black lung' benefits; or
``(V) by the Secretary of Veterans Affairs as compensation
for a service-connected disability paid by the Secretary to a
former member of the Armed Forces who is in receipt of
retired or retainer pay if the former member has waived a
portion of the retired or retainer pay in order to receive
such compensation; and
``(iii) worker's compensation benefits paid under Federal
or State law but
``(B) do not include any payment--
``(i) by way of reimbursement or otherwise, to defray
expenses incurred by the individual in carrying out duties
associated with the employment of the individual; or
``(ii) as allowances for members of the uniformed services
payable pursuant to chapter 7 of title 37, United States
Code, as prescribed by the Secretaries concerned (defined by
section 101(5) of such title) as necessary for the efficient
performance of duty.
``(2) Certain amounts excluded.--In determining the amount
of any moneys due from, or payable by, the United States to
any individual, there shall be excluded amounts which--
``(A) are owed by the individual to the United States;
``(B) are required by law to be, and are, deducted from the
remuneration or other payment involved, including Federal
employment taxes, and fines and forfeitures ordered by court-
martial;
``(C) are properly withheld for Federal, State, or local
income tax purposes, if the
[[Page 1559]]
withholding of the amounts is authorized or required by law
and if amounts withheld are not greater than would be the
case if the individual claimed all dependents to which he was
entitled (the withholding of additional amounts pursuant to
section 3402(i) of the Internal Revenue Code of 1986 may be
permitted only when the individual presents evidence of a tax
obligation which supports the additional withholding);
``(D) are deducted as health insurance premiums;
``(E) are deducted as normal retirement contributions (not
including amounts deducted for supplementary coverage); or
``(F) are deducted as normal life insurance premiums from
salary or other remuneration for employment (not including
amounts deducted for supplementary coverage).
``(i) Definitions.--For purposes of this section--
``(1) United states.--The term `United States' includes any
department, agency, or instrumentality of the legislative,
judicial, or executive branch of the Federal Government, the
United States Postal Service, the Postal Rate Commission, any
Federal corporation created by an Act of Congress that is
wholly owned by the Federal Government, and the governments
of the territories and possessions of the United States.
``(2) Child support.--The term `child support', when used
in reference to the legal obligations of an individual to
provide such support, means amounts required to be paid under
a judgment, decree, or order, whether temporary, final, or
subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the
support and maintenance of a child, including a child who has
attained the age of majority under the law of the issuing
State, or a child and the parent with whom the child is
living, which provides for monetary support, health care,
arrearages or reimbursement, and which may include other
related costs and fees, interest and penalties, income
withholding, attorney's fees, and other relief.
``(3) Alimony.--
``(A) In general.--The term `alimony', when used in
reference to the legal obligations of an individual to
provide the same, means periodic payments of funds for the
support and maintenance of the spouse (or former spouse) of
the individual, and (subject to and in accordance with State
law) includes separate maintenance, alimony pendente lite,
maintenance, and spousal support, and includes attorney's
fees, interest, and court costs when and to the extent that
the same are expressly made recoverable as such pursuant to a
decree, order, or judgment issued in accordance with
applicable State law by a court of competent jurisdiction.
``(B) Exceptions.--Such term does not include--
``(i) any child support; or
``(ii) any payment or transfer of property or its value by
an individual to the spouse or a former spouse of the
individual in compliance with any community property
settlement, equitable distribution of property, or other
division of property between spouses or former spouses.
``(4) Private person.--The term `private person' means a
person who does not have sovereign or other special immunity
or privilege which causes the person not to be subject to
legal process.
``(5) Legal process.--The term `legal process' means any
writ, order, summons, or other similar process in the nature
of garnishment--
``(A) which is issued by--
``(i) a court or an administrative agency of competent
jurisdiction in any State, territory, or possession of the
United States;
``(ii) a court or an administrative agency of competent
jurisdiction in any foreign country with which the United
States has entered into an agreement which requires the
United States to honor the process; or
``(iii) an authorized official pursuant to an order of such
a court or an administrative agency of competent jurisdiction
or pursuant to State or local law; and
``(B) which is directed to, and the purpose of which is to
compel, a governmental entity which holds moneys which are
otherwise payable to an individual to make a payment from the
moneys to another party in order to satisfy a legal
obligation of the individual to provide child support or make
alimony payments.''.
(b) Conforming Amendments.--
(1) To part d of title iv.--Sections 461 and 462 (42 U.S.C.
661 and 662) are repealed.
(2) To title 5, united states code.--Section 5520a of title
5, United States Code, is amended, in subsections (h)(2) and
(i), by striking ``sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, and 662)'' and inserting
``section 459 of the Social Security Act (42 U.S.C. 659)''.
(c) Military Retired and Retainer Pay.--
(1) Definition of court.--Section 1408(a)(1) of title 10,
United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(C) by adding after subparagraph (C) the following: new
subparagraph:
``(D) any administrative or judicial tribunal of a State
competent to enter orders for support or maintenance
(including a State agency administering a program under a
State plan approved under part D of title IV of the Social
Security Act), and, for purposes of this subparagraph, the
term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.''.
(2) Definition of court order.--Section 1408(a)(2) of such
title is amended--
(A) by inserting ``or a support order, as defined in
section 453(p) of the Social Security Act (42 U.S.C.
653(p)),'' before ``which--'';
(B) in subparagraph (B)(i), by striking ``(as defined in
section 462(b) of the Social Security Act (42 U.S.C.
662(b)))'' and inserting ``(as defined in section 459(i)(2)
of the Social Security Act (42 U.S.C. 662(i)(2)))''; and
(C) in subparagraph (B)(ii), by striking ``(as defined in
section 462(c) of the Social Security Act (42 U.S.C.
662(c)))'' and inserting ``(as defined in section 459(i)(3)
of the Social Security Act (42 U.S.C. 662(i)(3)))''.
(3) Public payee.--Section 1408(d) of such title is
amended--
(A) in the heading, by inserting ``(or for Benefit of)''
before ``Spouse or''; and
(B) in paragraph (1), in the 1st sentence, by inserting
``(or for the benefit of such spouse or former spouse to a
State disbursement unit established pursuant to section 454B
of the Social Security Act or other public payee designated
by a State, in accordance with part D of title IV of the
Social Security Act, as directed by court order, or as
otherwise directed in accordance with such part D)'' before
``in an amount sufficient''.
(4) Relationship to part d of title iv.--Section 1408 of
such title is amended by adding at the end the following new
subsection:
``(j) Relationship to Other Laws.--In any case involving an
order providing for payment of child support (as defined in
section 459(i)(2) of the Social Security Act) by a member who
has never been married to the other parent of the child, the
provisions of this section shall not apply, and the case
shall be subject to the provisions of section 459 of such
Act.''.
(d) Effective Date.--The amendments made by this section
shall become effective 6 months after the date of the
enactment of this Act.
SEC. 363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS
OF THE ARMED FORCES.
(a) Availability of Locator Information.--
(1) Maintenance of address information.--The Secretary of
Defense shall establish a centralized personnel locator
service that includes the address of each member of the Armed
Forces under the jurisdiction of the Secretary. Upon request
of the Secretary of Transportation, addresses for members of
the Coast Guard shall be included in the centralized
personnel locator service.
(2) Type of address.--
(A) Residential address.--Except as provided in
subparagraph (B), the address for a member of the Armed
Forces shown in the locator service shall be the residential
address of that member.
(B) Duty address.--The address for a member of the Armed
Forces shown in the locator service shall be the duty address
of that member in the case of a member--
(i) who is permanently assigned overseas, to a vessel, or
to a routinely deployable unit; or
(ii) with respect to whom the Secretary concerned makes a
determination that the member's residential address should
not be disclosed due to national security or safety concerns.
(3) Updating of locator information.--Within 30 days after
a member listed in the locator service establishes a new
residential address (or a new duty address, in the case of a
member covered by paragraph (2)(B)), the Secretary concerned
shall update the locator service to indicate the new address
of the member.
(4) Availability of information.--The Secretary of Defense
shall make information regarding the address of a member of
the Armed Forces listed in the locator service available, on
request, to the Federal Parent Locator Service established
under section 453 of the Social Security Act.
(b) Facilitating Granting of Leave for Attendance at
Hearings.--
(1) Regulations.--The Secretary of each military
department, and the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy, shall prescribe regulations to facilitate the
granting of leave to a member of the Armed Forces under the
jurisdiction of that Secretary in a case in which--
(A) the leave is needed for the member to attend a hearing
described in paragraph (2);
(B) the member is not serving in or with a unit deployed in
a contingency operation (as defined in section 101 of title
10, United States Code); and
(C) the exigencies of military service (as determined by
the Secretary concerned) do not otherwise require that such
leave not be granted.
(2) Covered hearings.--Paragraph (1) applies to a hearing
that is conducted by a court or pursuant to an administrative
process established under State law, in connection with a
civil action--
(A) to determine whether a member of the Armed Forces is a
natural parent of a child; or
(B) to determine an obligation of a member of the Armed
Forces to provide child support.
(3) Definitions.--For purposes of this subsection--
(A) The term ``court'' has the meaning given that term in
section 1408(a) of title 10, United States Code.
(B) The term ``child support'' has the meaning given such
term in section 459(i) of the Social Security Act (42 U.S.C.
659(i)).
[[Page 1560]]
(c) Payment of Military Retired Pay in Compliance With
Child Support Orders.--
(1) Date of certification of court order.--Section 1408 of
title 10, United States Code, as amended by section 362(c)(4)
of this Act, is amended--
(A) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(B) by inserting after subsection (h) the following new
subsection:
``(i) Certification Date.--It is not necessary that the
date of a certification of the authenticity or completeness
of a copy of a court order for child support received by the
Secretary concerned for the purposes of this section be
recent in relation to the date of receipt by the
Secretary.''.
(2) Payments consistent with assignments of rights to
states.--Section 1408(d)(1) of such title is amended by
inserting after the 1st sentence the following new sentence:
``In the case of a spouse or former spouse who, pursuant to
section 408(a)(4) of the Social Security Act, assigns to a
State the rights of the spouse or former spouse to receive
support, the Secretary concerned may make the child support
payments referred to in the preceding sentence to that State
in amounts consistent with that assignment of rights.''.
(3) Arrearages owed by members of the uniformed services.--
Section 1408(d) of such title is amended by adding at the end
the following new paragraph:
``(6) In the case of a court order for which effective
service is made on the Secretary concerned on or after the
date of the enactment of this paragraph and which provides
for payments from the disposable retired pay of a member to
satisfy the amount of child support set forth in the order,
the authority provided in paragraph (1) to make payments from
the disposable retired pay of a member to satisfy the amount
of child support set forth in a court order shall apply to
payment of any amount of child support arrearages set forth
in that order as well as to amounts of child support that
currently become due.''.
(4) Payroll deductions.--The Secretary of Defense shall
begin payroll deductions within 30 days after receiving
notice of withholding, or for the 1st pay period that begins
after such 30-day period.
SEC. 364. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section 321 of
this Act, is amended by adding at the end the following new
subsection:
``(g) Laws Voiding Fraudulent Transfers.--In order to
satisfy section 454(20)(A), each State must have in effect--
``(1)(A) the Uniform Fraudulent Conveyance Act of 1981;
``(B) the Uniform Fraudulent Transfer Act of 1984; or
``(C) another law, specifying indicia of fraud which create
a prima facie case that a debtor transferred income or
property to avoid payment to a child support creditor, which
the Secretary finds affords comparable rights to child
support creditors; and
``(2) procedures under which, in any case in which the
State knows of a transfer by a child support debtor with
respect to which such a prima facie case is established, the
State must--
``(A) seek to void such transfer; or
``(B) obtain a settlement in the best interests of the
child support creditor.''.
SEC. 365. WORK REQUIREMENT FOR PERSONS OWING PAST-DUE CHILD
SUPPORT.
(a) In General.--Section 466(a) of the Social Security Act
(42 U.S.C. 666(a)), as amended by sections 315, 317(a), and
323 of this Act, is amended by adding at the end the
following new paragraph:
``(15) Procedures to ensure that persons owing past-due
support work or have a plan for payment of such support.--
``(A) In general.--Procedures under which the State has the
authority, in any case in which an individual owes past-due
support with respect to a child receiving assistance under a
State program funded under part A, to seek a court order that
requires the individual to--
``(i) pay such support in accordance with a plan approved
by the court, or, at the option of the State, a plan approved
by the State agency administering the State program under
this part; or
``(ii) if the individual is subject to such a plan and is
not incapacitated, participate in such work activities (as
defined in section 407(d)) as the court, or, at the option of
the State, the State agency administering the State program
under this part, deems appropriate.
``(B) Past-due support defined.--For purposes of
subparagraph (A), the term `past-due support' means the
amount of a delinquency, determined under a court order, or
an order of an administrative process established under State
law, for support and maintenance of a child, or of a child
and the parent with whom the child is living.''.
(b) Conforming Amendment.--The flush paragraph at the end
of section 466(a) (42 U.S.C.666(a)) is amended by striking
``and (7)'' and inserting ``(7), and (15)''.
SEC. 366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections 316 and
345(b) of this Act, is amended by adding at the end the
following new subsection:
``(p) Support Order Defined.--As used in this part, the
term `support order' means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued
by a court or an administrative agency of competent
jurisdiction, for the support and maintenance of a child,
including a child who has attained the age of majority under
the law of the issuing State, or a child and the parent with
whom the child is living, which provides for monetary
support, health care, arrearages, or reimbursement, and which
may include related costs and fees, interest and penalties,
income withholding, attorneys' fees, and other relief.''.
SEC. 367. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended to read
as follows:
``(7) Reporting arrearages to credit bureaus.--
``(A) In general.--Procedures (subject to safeguards
pursuant to subparagraph (B)) requiring the State to report
periodically to consumer reporting agencies (as defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) the name of any noncustodial parent who is
delinquent in the payment of support, and the amount of
overdue support owed by such parent.
``(B) Safeguards.--Procedures ensuring that, in carrying
out subparagraph (A), information with respect to a
noncustodial parent is reported--
``(i) only after such parent has been afforded all due
process required under State law, including notice and a
reasonable opportunity to contest the accuracy of such
information; and
``(ii) only to an entity that has furnished evidence
satisfactory to the State that the entity is a consumer
reporting agency (as so defined).''.
SEC. 368. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended to read
as follows:
``(4) Liens.--Procedures under which--
``(A) liens arise by operation of law against real and
personal property for amounts of overdue support owed by a
noncustodial parent who resides or owns property in the
State; and
``(B) the State accords full faith and credit to liens
described in subparagraph (A) arising in another State,
without registration of the underlying order.''.
SEC. 369. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317(a), 323, and 365 of this Act, is amended by adding
at the end the following:
``(16) Authority to withhold or suspend licenses.--
Procedures under which the State has (and uses in appropriate
cases) authority to withhold or suspend, or to restrict the
use of driver's licenses, professional and occupational
licenses, and recreational licenses of individuals owing
overdue support or failing, after receiving appropriate
notice, to comply with subpoenas or warrants relating to
paternity or child support proceedings.''.
SEC. 370. DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD
SUPPORT.
(a) HHS Certification Procedure.--
(1) Secretarial responsibility.--Section 452 (42 U.S.C.
652), as amended by section 345 of this Act, is amended by
adding at the end the following new subsection:
``(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of section
454(31) that an individual owes arrearages of child support
in an amount exceeding $5,000, the Secretary shall transmit
such certification to the Secretary of State for action (with
respect to denial, revocation, or limitation of passports)
pursuant to section 370(b) of the Bipartisan Welfare Reform
Act of 1996.
``(2) The Secretary shall not be liable to an individual
for any action with respect to a certification by a State
agency under this section.''.
(2) State case agency responsibility.--Section 454 (42
U.S.C. 654), as amended by sections 301(b), 303(a), 312(b),
313(a), 333, and 343(b) of this Act, is amended--
(A) by striking ``and'' at the end of paragraph (29);
(B) by striking the period at the end of paragraph (30) and
inserting ``; and''; and
(C) by adding after paragraph (30) the following new
paragraph:
``(31) provide that the State agency will have in effect a
procedure for certifying to the Secretary, for purposes of
the procedure under section 452(k), determinations that
individuals owe arrearages of child support in an amount
exceeding $5,000, under which procedure--
``(A) each individual concerned is afforded notice of such
determination and the consequences thereof, and an
opportunity to contest the determination; and
``(B) the certification by the State agency is furnished to
the Secretary in such format, and accompanied by such
supporting documentation, as the Secretary may require.''.
(b) State Department Procedure for Denial of Passports.--
(1) In general.--The Secretary of State shall, upon
certification by the Secretary of Health and Human Services
transmitted under section 452(k) of the Social Security Act,
refuse to issue a passport to such individual, and may
revoke, restrict, or limit a passport issued previously to
such individual.
(2) Limit on liability.--The Secretary of State shall not
be liable to an individual for any action with respect to a
certification by a State agency under this section.
(c) Effective Date.--This section and the amendments made
by this section shall become effective October 1, 1996.
SEC. 371. INTERNATIONAL CHILD SUPPORT ENFORCEMENT.
(a) Authority for International Agreements.--Part D of
title IV, as amended by section 362(a) of this Act, is
amended by add
[[Page 1561]]
ing after section 459 the following new section:
``SEC. 459A. INTERNATIONAL CHILD SUPPORT ENFORCEMENT.
``(a) Authority for Declarations.--
``(1) Declaration.--The Secretary of State, with the
concurrence of the Secretary of Health and Human Services, is
authorized to declare any foreign country (or a political
subdivision thereof) to be a foreign reciprocating country if
the foreign country has established, or undertakes to
establish, procedures for the establishment and enforcement
of duties of support owed to obligees who are residents of
the United States, and such procedures are substantially in
conformity with the standards prescribed under subsection
(b).
``(2) Revocation.--A declaration with respect to a foreign
country made pursuant to paragraph (1) may be revoked if the
Secretaries of State and Health and Human Services determine
that--
``(A) the procedures established by the foreign nation
regarding the establishment and enforcement of duties of
support have been so changed, or the foreign nation's
implementation of such procedures is so unsatisfactory, that
such procedures do not meet the criteria for such a
declaration; or
``(B) continued operation of the declaration is not
consistent with the purposes of this part.
``(3) Form of declaration.--A declaration under paragraph
(1) may be made in the form of an international agreement, in
connection with an international agreement or corresponding
foreign declaration, or on a unilateral basis.
``(b) Standards for Foreign Support Enforcement
Procedures.--
``(1) Mandatory elements.--Child support enforcement
procedures of a foreign country which may be the subject of a
declaration pursuant to subsection (a)(1) shall include the
following elements:
``(A) The foreign country (or political subdivision
thereof) has in effect procedures, available to residents of
the United States--
``(i) for establishment of paternity, and for establishment
of orders of support for children and custodial parents; and
``(ii) for enforcement of orders to provide support to
children and custodial parents, including procedures for
collection and appropriate distribution of support payments
under such orders.
``(B) The procedures described in subparagraph (A),
including legal and administrative assistance, are provided
to residents of the United States at no cost.
``(C) An agency of the foreign country is designated as a
Central Authority responsible for--
``(i) facilitating child support enforcement in cases
involving residents of the foreign nation and residents of
the United States; and
``(ii) ensuring compliance with the standards established
pursuant to this subsection.
``(2) Additional elements.--The Secretary of Health and
Human Services and the Secretary of State, in consultation
with the States, may establish such additional standards as
may be considered necessary to further the purposes of this
section.
``(c) Designation of United States Central Authority.--It
shall be the responsibility of the Secretary of Health and
Human Services to facilitate child support enforcement in
cases involving residents of the United States and residents
of foreign nations that are the subject of a declaration
under this section, by activities including--
``(1) development of uniform forms and procedures for use
in such cases;
``(2) notification of foreign reciprocating countries of
the State of residence of individuals sought for support
enforcement purposes, on the basis of information provided by
the Federal Parent Locator Service; and
``(3) such other oversight, assistance, and coordination
activities as the Secretary may find necessary and
appropriate.
``(d) Effect on Other Laws.--States may enter into
reciprocal arrangements for the establishment and enforcement
of child support obligations with foreign countries that are
not the subject of a declaration pursuant to subsection (a),
to the extent consistent with Federal law.''.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a), 312(b), 313(a), 333,
343(b), and 370(a)(2) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (30);
(2) by striking the period at the end of paragraph (31) and
inserting ``; and''; and
(3) by adding after paragraph (31) the following new
paragraph:
``(32)(A) provide that any request for services under this
part by a foreign reciprocating country or a foreign country
with which the State has an arrangement described in section
459A(d)(2) shall be treated as a request by a State;
``(B) provide, at State option, notwithstanding paragraph
(4) or any other provision of this part, for services under
the plan for enforcement of a spousal support order not
described in paragraph (4)(B) entered by such a country (or
subdivision); and
``(C) provide that no applications will be required from,
and no costs will be assessed for such services against, the
foreign reciprocating country or foreign obligee (but costs
may at State option be assessed against the obligor).''.
SEC. 372. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317(a), 323, 365, and 369 of this Act, is amended by
adding at the end the following new paragraph:
``(17) Financial institution data matches.--
``(A) In general.--Procedures under which the State agency
shall enter into agreements with financial institutions doing
business in the State--
``(i) to develop and operate, in coordination with such
financial institutions, a data match system, using automated
data exchanges to the maximum extent feasible, in which each
such financial institution is required to provide for each
calendar quarter the name, record address, social security
number or other taxpayer identification number, and other
identifying information for each noncustodial parent who
maintains an account at such institution and who owes past-
due support, as identified by the State by name and social
security number or other taxpayer identification number; and
``(ii) in response to a notice of lien or levy, encumber or
surrender, as the case may be, assets held by such
institution on behalf of any noncustodial parent who is
subject to a child support lien pursuant to paragraph (4).
``(B) Reasonable fees.--The State agency may pay a
reasonable fee to a financial institution for conducting the
data match provided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial institution.
``(C) Liability.--A financial institution shall not be
liable under any Federal or State law to any person--
``(i) for any disclosure of information to the State agency
under subparagraph (A)(i);
``(ii) for encumbering or surrendering any assets held by
such financial institution in response to a notice of lien or
levy issued by the State agency as provided for in
subparagraph (A)(ii); or
``(iii) for any other action taken in good faith to comply
with the requirements of subparagraph (A).
``(D) Definitions.--For purposes of this paragraph--
``(i) Financial institution.--The term `financial
institution' means any Federal or State commercial savings
bank, including savings association or cooperative bank,
Federal- or State-chartered credit union, benefit
association, insurance company, safe deposit company, money-
market mutual fund, or any similar entity authorized to do
business in the State; and
``(ii) Account.--The term `account' means a demand deposit
account, checking or negotiable withdrawal order account,
savings account, time deposit account, or money-market mutual
fund account.''.
SEC. 373. ENFORCEMENT OF ORDERS AGAINST PATERNAL OR MATERNAL
GRANDPARENTS IN CASES OF MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317(a), 323, 365, 369, and 372 of this Act, is amended
by adding at the end the following new paragraph:
``(18) Enforcement of orders against paternal or maternal
grandparents.--Procedures under which, at the State's option,
any child support order enforced under this part with respect
to a child of minor parents, if the custodial parents of such
child is receiving assistance under the State program under
part A, shall be enforceable, jointly and severally, against
the parents of the noncustodial parents of such child.''.
SEC. 374. NONDISCHARGEABILITY IN BANKRUPTCY OF CERTAIN DEBTS
FOR THE SUPPORT OF A CHILD.
(a) Amendment to Title 11 of the United States Code.--
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (16) by striking the period at the end and
inserting ``; or'',
(2) by adding at the end the following:
``(17) to a State or municipality for assistance provided
by such State or municipality under a State program funded
under section 403 of the Social Security Act to the extent
that such assistance is provided for the support of a child
of the debtor.'', and
(3) in paragraph (5), by inserting `` or section 408''
after ``section 402(a)(26).
(b) Amendment to the Social Security Act.--Section 456(b)
of the Social Security Act (42 U.S.C. 656(b)) is amended to
read as follows:
``(b) Nondischargeability.--A debt (as defined in section
101 of title 11 of the United States Code) to a State (as
defined in such section) or municipality (as defined in such
section) for assistance provided by such State or
municipality under a State program funded under section 403
is not dischargeable under section 727, 1141, 1228(a),
1228(b), or 1328(b) of title 11 of the United States Code to
the extent that such assistance is provided for the support
of a child of the debtor (as defined in such section).''.
(c) Application of Amendments.--The amendments made by this
section shall apply only with respect to cases commenced
under title 11 of the United States Code after the effective
date of this section.
Subtitle H--Medical Support
SEC. 376. CORRECTION TO ERISA DEFINITION OF MEDICAL CHILD
SUPPORT ORDER.
(a) In General.--Section 609(a)(2)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1169(a)(2)(B)) is amended--
(1) by striking ``issued by a court of competent
jurisdiction'';
(2) by striking the period at the end of clause (ii) and
inserting a comma; and
(3) by adding, after and below clause (ii), the following:
``if such judgment, decree, or order (I) is issued by a court
of competent jurisdiction
[[Page 1562]]
or (II) is issued through an administrative process
established under State law and has the force and effect of
law under applicable State law.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Plan amendments not required until january 1, 1997.--
Any amendment to a plan required to be made by an amendment
made by this section shall not be required to be made before
the 1st plan year beginning on or after January 1, 1997, if--
(A) during the period after the date before the date of the
enactment of this Act and before such 1st plan year, the plan
is operated in accordance with the requirements of the
amendments made by this section; and
(B) such plan amendment applies retroactively to the period
after the date before the date of the enactment of this Act
and before such 1st plan year.
A plan shall not be treated as failing to be operated in
accordance with the provisions of the plan merely because it
operates in accordance with this paragraph.
SEC. 377. ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317(a), 323, 365, 369, 372, and 373 of this Act, is
amended by adding at the end the following new paragraph:
``(19) Health care coverage.--Procedures under which all
child support orders enforced pursuant to this part shall
include a provision for the health care coverage of the
child, and in the case in which a noncustodial parent
provides such coverage and changes employment, and the new
employer provides health care coverage, the State agency
shall transfer notice of the provision to the employer, which
notice shall operate to enroll the child in the noncustodial
parent's health plan, unless the noncustodial parent contests
the notice.''.
Subtitle I--Enhancing Responsibility and Opportunity for Non-
Residential Parents
SEC. 381. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
Part D of title IV (42 U.S.C. 651-669) is amended by adding
at the end the following:
``SEC. 469A. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
``(a) In General.--The Administration for Children and
Families shall make grants under this section to enable
States to establish and administer programs to support and
facilitate noncustodial parents' access to and visitation of
their children, by means of activities including mediation
(both voluntary and mandatory), counseling, education,
development of parenting plans, visitation enforcement
(including monitoring, supervision and neutral drop-off and
pickup), and development of guidelines for visitation and
alternative custody arrangements.
``(b) Amount of Grant.--The amount of the grant to be made
to a State under this section for a fiscal year shall be an
amount equal to the lesser of--
``(1) 90 percent of State expenditures during the fiscal
year for activities described in subsection (a); or
``(2) the allotment of the State under subsection (c) for
the fiscal year.
``(c) Allotments to States.--
``(1) In general.--The allotment of a State for a fiscal
year is the amount that bears the same ratio to the amount
appropriated for grants under this section for the fiscal
year as the number of children in the State living with only
1 biological parent bears to the total number of such
children in all States.
``(2) Minimum allotment.--The Administration for Children
and Families shall adjust allotments to States under
paragraph (1) as necessary to ensure that no State is
allotted less than--
``(A) $50,000 for fiscal year 1996 or 1997; or
``(B) $100,000 for any succeeding fiscal year.
``(d) No Supplantation of State Expenditures for Similar
Activities.--A State to which a grant is made under this
section may not use the grant to supplant expenditures by the
State for activities specified in subsection (a), but shall
use the grant to supplement such expenditures at a level at
least equal to the level of such expenditures for fiscal year
1995.
``(e) State Administration.--Each State to which a grant is
made under this section--
``(1) may administer State programs funded with the grant,
directly or through grants to or contracts with courts, local
public agencies, or non-profit private entities;
``(2) shall not be required to operate such programs on a
statewide basis; and
``(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the
Secretary.''.
Subtitle J--Effect of Enactment
SEC. 391. EFFECTIVE DATES.
(a) In General.--Except as otherwise specifically provided
(but subject to subsections (b) and (c))--
(1) the provisions of this title requiring the enactment or
amendment of State laws under section 466 of the Social
Security Act, or revision of State plans under section 454 of
such Act, shall be effective with respect to periods
beginning on and after October 1, 1996; and
(2) all other provisions of this title shall become
effective upon the date of the enactment of this Act.
(b) Grace Period for State Law Changes.--The provisions of
this title shall become effective with respect to a State on
the later of--
(1) the date specified in this title, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar
quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of the
enactment of this Act. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate
regular session of the State legislature.
(c) Grace Period for State Constitutional Amendment.--A
State shall not be found out of compliance with any
requirement enacted by this title if the State is unable to
so comply without amending the State constitution until the
earlier of--
(1) 1 year after the effective date of the necessary State
constitutional amendment; or
(2) 5 years after the date of the enactment of this Act.
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
The Congress makes the following statements concerning
national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
(2) It continues to be the immigration policy of the United
States that--
(A) aliens within the nation's borders not depend on public
resources to meet their needs, but rather rely on their own
capabilities and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not constitute an
incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have
been applying for and receiving public benefits from Federal,
State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved wholly
incapable of assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to enact new
rules for eligibility and sponsorship agreements in order to
assure that aliens be self-reliant in accordance with
national immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the
availability of public benefits.
(7) With respect to the State authority to make
determinations concerning the eligibility of qualified aliens
for public benefits in this title, a State that chooses to
follow the Federal classification in determining the
eligibility of such aliens for public assistance shall be
considered to have chosen the least restrictive means
available for achieving the compelling governmental interest
of assuring that aliens be self-reliant in accordance with
national immigration policy.
Subtitle A--Eligibility for Federal Benefits
SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR
FEDERAL PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined in section 431) is not eligible
for any Federal public benefit (as defined in subsection
(c)).
(b) Exceptions.--
(1) Subsection (a) shall not apply with respect to the
following Federal public benefits:
(A) Emergency medical services under title XIX or XXI of
the Social Security Act.
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C)(i) Public health assistance for immunizations.
(ii) Public health assistance for testing and treatment of
a serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of such disease.
(D) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (i)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (ii) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (iii) are
necessary for the protection of life or safety.
(E) Programs for housing or community development
assistance or financial assistance administered by the
Secretary of Housing and Urban Development, any program under
title V of the Housing Act of 1949, or any assistance under
section 306C of the Consolidated Farm and Rural Development
Act, to the extent that the alien is receiving such a benefit
on the date of the enactment of this Act.
(F) Assistance or benefits under the National School Lunch
Act or the Child Nutrition Act of 1966.
(2) Subsection (a) shall not apply to any benefit payable
under title II of the Social Security Act to an alien who is
lawfully present in the United States as determined by the
Attorney General, to any benefit if nonpayment of such
benefit would contravene an international agreement described
in section 233 of the Social Security
[[Page 1563]]
Act, to any benefit if nonpayment would be contrary to
section 202(t) of the Social Security Act, or to any benefit
payable under title II of the Social Security Act to which
entitlement is based on an application filed in or before the
month in which this Act becomes law.
(3) Subsection (a) shall not apply--
(A) for up to 48 months if the alien can demonstrate that
(i) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (ii) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and (iii)
the need for the public benefits applied for has a
substantial connection to the battery or cruelty described in
subclause (I) or (II); and
(B) for more than 48 months if the alien can demonstrate
that any battery or cruelty under subparagraph (A) is
ongoing, has led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that the need for such benefits has a
substantial connection to such battery or cruelty.
(c) Federal Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this title the term ``Federal public benefit'' means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States
or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public or
assisted housing, post-secondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of the
United States or by appropriated funds of the United States.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Attorney General, after
consultation with the Secretary of State.
SEC. 402. LIMITED ELIGIBILITY OF CERTAIN QUALIFIED ALIENS FOR
CERTAIN FEDERAL PROGRAMS.
(a) Limited Eligibility for Specified Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in paragraph (2), an alien who is a
qualified alien (as defined in section 431) is not eligible
for any specified Federal program (as defined in paragraph
(3)).
(2) Exceptions.--
(A) Time-limited exception for refugees and asylees.--
Paragraph (1) shall not apply to an alien until 5 years after
the date--
(i) an alien is admitted to the United States as a refugee
under section 207 of the Immigration and Nationality Act;
(ii) an alien is granted asylum under section 208 of such
Act; or
(iii) an alien's deportation is withheld under section
243(h) of such Act.
(B) Certain permanent resident aliens.--Paragraph (1) shall
not apply to an alien who--
(i) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(ii)(I) has worked 20 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (II) did not receive any Federal means-
tested public benefit (as defined in section 403(c)) during
any such quarter.
(C) Veteran and active duty exception.--Paragraph (1) shall
not apply to an alien who is lawfully residing in any State
and is--
(i) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(ii) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an
individual described in clause (i) or (ii).
(D) Transition for aliens currently receiving benefits.--
(i) SSI.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(A), during the period
beginning on the date of the enactment of this Act and ending
on the date which is 1 year after such date of enactment, the
Commissioner of Social Security shall redetermine the
eligibility of any individual who is receiving benefits under
such program as of the date of the enactment of this Act and
whose eligibility for such benefits may terminate by reason
of the provisions of this subsection.
(II) Redetermination criteria.-- With respect to any
redetermination under subclause (I), the Commissioner of
Social Security shall apply the eligibility criteria for new
applicants for benefits under such program.
(III) Grandfather provision.--The provisions of this
subsection and the redetermination under subclause (I), shall
only apply with respect to the benefits of an individual
described in subclause (I) for months beginning on or after
the date of the redetermination with respect to such
individual.
(IV) Notice.--Not later than January 1, 1997, the
Commissioner of Social Security shall notify an individual
described in subclause (I) of the provisions of this clause.
(ii) Food stamps.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(B), during the period
beginning on the date of enactment of this Act and ending on
the date which is 1 year after the date of enactment, the
State agency shall, at the time of the recertification,
recertify the eligibility of any individual who is receiving
benefits under such program as of the date of enactment of
this Act and whose eligibility for such benefits may
terminate by reason of the provisions of this subsection.
(II) Recertification criteria.--With respect to any
recertification under subclause (I), the State agency shall
apply the eligibility criteria for applicants for benefits
under such program.
(III) Grandfather provision.--The provisions of this
subsection and the recertification under subclause (I) shall
only apply with respect to the eligibility of an alien for a
program for months beginning on or after the date of
recertification, if on the date of enactment of this Act the
alien is lawfully residing in any State and is receiving
benefits under such program on such date of enactment.
(E) FICA exception.--Paragraph (1) shall not apply to an
alien if there has been paid with respect to the self-
employment income or employment of the alien, or of a parent
or spouse of the alien, taxes under chapter 2 or chapter 21
of the Internal Revenue Code of 1986 in each of 20 different
calendar quarters.
(F) Exception for battered women and children.--Paragraph
(1) shall not apply--
(i) for up to 48 months if the alien can demonstrate that
(I) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (II) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and (III)
the need for the public benefits applied for has a
substantial connection to the battery or cruelty described in
this clause; and
(ii) for more than 48 months if the alien can demonstrate
that any battery or cruelty under clause (i) is ongoing, has
led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that need for such benefits has a substantial
connection to such battery or cruelty.
(G) SSI disability exception.--Paragraph (1) shall not
apply to an alien who has not attained 18 years of age and is
eligible by reason of disability for supplemental security
income benefits under title XVI of the Social Security Act.
(H) Food stamp exception for children.--Paragraph (1) shall
not apply to the eligibility of an alien who has not attained
18 years of age for the food stamp program under paragraph
(3)(B).
(3) Specified federal program defined.--For purposes of
this title, the term ``specified Federal program'' means any
of the following:
(A) SSI.--The supplemental security income program under
title XVI of the Social Security Act.
(B) Food stamps.--The food stamp program as defined in
section 3(h) of the Food Stamp Act of 1977.
(b) Limited Eligibility for Designated Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in section 403 and paragraph (2), a
State is authorized to determine the eligibility of an alien
who is a qualified alien (as defined in section 431) for any
designated Federal program (as defined in paragraph (3)).
(2) Exceptions.--Qualified aliens under this paragraph
shall be eligible for any designated Federal program.
(A) Time-limited exception for refugees and asylees.--
(i) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of an alien's entry into the
United States.
(ii) An alien who is granted asylum under section 208 of
such Act until 5 years after the date of such grant of
asylum.
(iii) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such
withholding.
(B) Certain permanent resident aliens.--An alien who--
(i) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
[[Page 1564]]
(ii)(I) has worked 20 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (II) did not receive any Federal means-
tested public benefit (as defined in section 403(c)) during
any such quarter.
(C) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(i) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(ii) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an
individual described in clause (i) or (ii).
(D) Transition for those currently receiving benefits.--An
alien who on the date of the enactment of this Act is
lawfully residing in any State and is receiving benefits
under such program on the date of the enactment of this Act
shall continue to be eligible to receive such benefits until
January 1, 1997.
(E) FICA exception.--Paragraph (1) shall not apply to an
alien if there has been paid with respect to the self-
employment income or employment of the alien, or of a parent
or spouse of the alien, taxes under chapter 2 or chapter 21
of the Internal Revenue Code of 1986 in each of 20 different
calendar quarters.
(F) Time-limited exception for battered women and
children.--Paragraph (1) shall not apply--
(i) for up to 48 months if the alien can demonstrate that
(I) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (II) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and (III)
the need for the public benefits applied for has a
substantial connection to the battery or cruelty described in
subclause (I) or (II); and
(ii) for more than 48 months if the alien can demonstrate
that any battery or cruelty under clause (i) is ongoing, has
led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that the need for such benefits has a
substantial connection to such battery or cruelty.
(G) SSI disability exception.--Paragraph (1) shall not
apply to an alien who has not attained 18 years of age and is
eligible by reason of disability for supplemental security
income benefits under title XVI of the Social Security Act.
(3) Designated federal program defined.--For purposes of
this title, the term ``designated Federal program'' means any
of the following:
(A) Temporary assistance for needy families.--The program
of block grants to States for temporary assistance for needy
families under part A of title IV of the Social Security Act.
(B) Social services block grant.--The program of block
grants to States for social services under title XX of the
Social Security Act.
SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS
FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is a
qualified alien (as defined in section 431) and who enters
the United States on or after the date of the enactment of
this Act is not eligible for any Federal means-tested public
benefit (as defined in subsection (c)) for a period of five
years beginning on the date of the alien's entry into the
United States with a status within the meaning of the term
``qualified alien''.
(b) Exceptions.--The limitation under subsection (a) shall
not apply to the following aliens:
(1) Exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act.
(B) An alien who is granted asylum under section 208 of
such Act.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act.
(2) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(3) FICA exception.--An alien if there has been paid with
respect to the self-employment income or employment of the
alien, or of a parent or spouse of the alien, taxes under
chapter 2 or chapter 21 of the Internal Revenue Code of 1986
in each of 20 different calendar quarters.
(4) Exception for battered women and children.--An alien--
(A) for up to 48 months if the alien can demonstrate that
(i) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (ii) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and (iii)
the need for the public benefits applied for has a
substantial connection to the battery or cruelty described in
clause (i) or (ii); and
(B) for more than 48 months if the alien can demonstrate
that any battery or cruelty under subparagraph (A) is
ongoing, has led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that need for such benefits has a substantial
connection to such battery or cruelty.
(5) SSI disability exception.--An alien who has not
attained 18 years of age and is eligible by reason of
disability for supplemental security income benefits under
title XVI of the Social Security Act.
(6) Food stamp exception for children.--An alien who has
not attained 18 years of age only for purposes of eligibility
for the food stamp program as defined in section 3(h) of the
Food Stamp Act of 1977.
(c) Federal Means-Tested Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this title, the term ``Federal means-tested public benefit''
means a public benefit (including cash, medical, housing, and
food assistance and social services) of the Federal
Government in which the eligibility of an individual,
household, or family eligibility unit for benefits, or the
amount of such benefits, or both are determined on the basis
of income, resources, or financial need of the individual,
household, or unit.
(2) Such term does not include the following:
(A) Emergency medical services under title XIX or XXI of
the Social Security Act.
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C) Assistance or benefits under the National School Lunch
Act.
(D) Assistance or benefits under the Child Nutrition Act of
1966.
(E)(i) Public health assistance for immunizations.
(ii) Public health assistance for testing and treatment of
a serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of such disease.
(F) Payments for foster care and adoption assistance under
part B of title IV of the Social Security Act for a child who
would, in the absence of subsection (a), be eligible to have
such payments made on the child's behalf under such part, but
only if the foster or adoptive parent or parents of such
child are not described under subsection (a).
(G) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (i)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (ii) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (iii) are
necessary for the protection of life or safety.
(H) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965.
(I) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(J) The program of medical assistance under title XIX and
title XXI of the Social Security Act.
SEC. 404. NOTIFICATION AND INFORMATION REPORTING.
(a) Notification.--Each Federal agency that administers a
program to which section 401, 402, or 403 applies shall,
directly or through the States, post information and provide
general notification to the public and to program recipients
of the changes regarding eligibility for any such program
pursuant to this title.
(b) Information Reporting Under Title IV of the Social
Security Act.--Part A of title IV of the Social Security Act
is amended by inserting the following new section after
section 411:
``SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFORMATION.
``Each State to which a grant is made under section 403 of
the Social Security Act shall, at least 4 times annually and
upon request of the Immigration and Naturalization Service,
furnish the Immigration and Naturalization Service with the
name and address of, and other identifying information on,
any individual who the State knows is unlawfully in the
United States.''.
[[Page 1565]]
(c) SSI.--Section 1631(e) of such Act (42 U.S.C. 1383(e))
is amended--
(1) by redesignating paragraphs (6) and (7) inserted by
sections 206(d)(2) and 206(f)(1) of the Social Security
Independence and Programs Improvement Act of 1994 (Public Law
103-296; 108 Stat. 1514, 1515) as paragraphs (7) and (8),
respectively; and
(2) by adding at the end the following new paragraph:
``(9) Notwithstanding any other provision of law, the
Commissioner shall, at least 4 times annually and upon
request of the Immigration and Naturalization Service
(hereafter in this paragraph referred to as the `Service'),
furnish the Service with the name and address of, and other
identifying information on, any individual who the
Commissioner knows is unlawfully in the United States, and
shall ensure that each agreement entered into under section
1616(a) with a State provides that the State shall furnish
such information at such times with respect to any individual
who the State knows is unlawfully in the United States.''.
(d) Information Reporting for Housing Programs.--Title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), as amended by this Act, is further amended by adding
at the end the following new section:
``SEC. 28. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND
OTHER AGENCIES.
``Notwithstanding any other provision of law, the Secretary
shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service (hereafter in this
section referred to as the `Service'), furnish the Service
with the name and address of, and other identifying
information on, any individual who the Secretary knows is
unlawfully in the United States, and shall ensure that each
contract for assistance entered into under section 6 or 8 of
this Act with a public housing agency provides that the
public housing agency shall furnish such information at such
times with respect to any individual who the public housing
agency knows is unlawfully in the United States.''.
Subtitle B--Eligibility for State and Local Public Benefits Programs
SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR
NONIMMIGRANTS INELIGIBLE FOR STATE AND LOCAL
PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsections (b) and (d), an alien
who is not described under a paragraph of this subsection is
not eligible for any State or local public benefit (as
defined in subsection (c)):
(1) A qualified alien (as defined in section 431).
(2) A nonimmigrant under the Immigration and Nationality
Act.
(3) An alien who is paroled into the United States under
section 212(d)(5) of such Act for less than one year.
(4) An alien--
(A) for up to 48 months if the alien can demonstrate that
(i) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (ii) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and (iii)
the need for the public benefits applied for has a
substantial connection to the battery or cruelty described in
clause (i) or (ii), and
(B) for more than 48 months if the alien can demonstrate
that any battery or cruelty under subparagraph (A) is
ongoing, has led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that the need for such benefits has a
substantial connection to such battery or cruelty.
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following State or local public benefits:
(1) Emergency medical services under title XIX or XXI of
the Social Security Act.
(2) Short-term, noncash, in-kind emergency disaster relief.
(3)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of a
serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of such disease.
(4) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (A)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (B) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
(c) State or Local Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this subtitle the term ``State or local public benefit''
means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of a State or local
government or by appropriated funds of a State or local
government; and
(B) any retirement, welfare, health, disability, public or
assisted housing, post-secondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of a State
or local government or by appropriated funds of a State or
local government.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Secretary of State, after
consultation with the Attorney General.
(d) State Authority To Provide For Eligibility of Illegal
Aliens for State and Local Public Benefits.--A State may
provide that an alien who is not lawfully present in the
United States is eligible for any State or local public
benefit for which such alien would otherwise be ineligible
under subsection (a) only through the enactment of a State
law after the date of the enactment of this Act which
affirmatively provides for such eligibility.
SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED
ALIENS FOR STATE PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), a State is
authorized to determine the eligibility for any State public
benefits (as defined in subsection (c) of an alien who is a
qualified alien (as defined in section 431), a nonimmigrant
under the Immigration and Nationality Act, or an alien who is
paroled into the United States under section 212(d)(5) of
such Act for less than one year.
(b) Exceptions.--Qualified aliens under this subsection
shall be eligible for any State public benefits.
(1) Time-limited exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of an alien's entry into the
United States.
(B) An alien who is granted asylum under section 208 of
such Act until 5 years after the date of such grant of
asylum.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such
withholding.
(2) Certain permanent resident aliens.--An alien who--
(A) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(B)(i) has worked 20 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (ii) did not receive any Federal means-
tested public benefit (as defined in section 403(c)) during
any such quarter.
(3) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(4) Transition for those currently receiving benefits.--An
alien who on the date of the enactment of this Act is
lawfully residing in any State and is receiving benefits on
the date of the enactment of this Act shall continue to be
eligible to receive such benefits until January 1, 1997.
(5) Exception for battered women and children.--An alien--
(A) for up to 48 months if the alien can demonstrate that
(i) the alien has been battered or subject to extreme cruelty
in the United States by a spouse or parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented or acquiesced
to such battery or cruelty, or (ii) the alien's child has
been battered or subject to extreme cruelty in the United
States by a spouse or parent of the alien (without the active
participation of the alien in the battery or extreme
cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse
or parent consented or acquiesced to and the alien did not
actively participate in such battery or cruelty, and (iii)
the need for the public benefits applied for has a
substantial connection to the battery or cruelty described in
clause (i) or (ii); and
(B) for more than 48 months if the alien can demonstrate
that any battery or cruelty under subparagraph (A) is
ongoing, has led to the issuance of an order of a judge or an
administrative law judge or a prior determination of the
Service, and that the need for such benefits has a
substantial connection to such battery or cruelty.
[[Page 1566]]
(c) State Public Benefits Defined.--The term ``State public
benefits'' means any means-tested public benefit of a State
or political subdivision of a State under which the State or
political subdivision specifies the standards for
eligibility, and does not include any Federal public benefit.
Subtitle C--Attribution of Income and Affidavits of Support
SEC. 421. FEDERAL ATTRIBUTION OF SPONSOR'S INCOME AND
RESOURCES TO ALIEN FOR PURPOSES OF MEDICAID
ELIGIBILITY.
(a) In General.--Notwithstanding any other provision of
law, in determining the eligibility and the amount of
benefits of an alien (other than an alien who has not
attained 18 years of age or an alien who is pregnant) for the
program of medical assistance under title XIX and title XXI
of the Social Security Act, the income and resources of the
alien shall be deemed to include the following:
(1) The income and resources of any person who executed an
affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 423) on
behalf of such alien.
(2) The income and resources of the spouse (if any) of the
person.
(b) Application.--Subsection (a) shall apply with respect
to an alien (other than an alien who has not attained 18
years of age or an alien who is pregnant) until such time as
the alien--
(1) achieves United States citizenship through
naturalization pursuant to chapter 2 of title III of the
Immigration and Nationality Act; or
(2)(A) has worked 20 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (B) did not receive any Federal means-tested
public benefit (as defined in section 403(c)) during any such
quarter.
(c) Review of Income and Resources of Alien Upon
Reapplication.--Whenever an alien (other than an alien who
has not attained 18 years of age or an alien who is pregnant)
is required to reapply for benefits under any Federal means-
tested public benefits program, the applicable agency shall
review the income and resources attributed to the alien under
subsection (a).
SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF
SPONSOR'S INCOME AND RESOURCES TO THE ALIEN
WITH RESPECT TO STATE PROGRAMS.
(a) Optional Application to State Programs.--Except as
provided in subsection (b), in determining the eligibility
and the amount of benefits of an alien for any State public
benefits (as defined in section 412(c)), the State or
political subdivision that offers the benefits is authorized
to provide that the income and resources of the alien shall
be deemed to include--
(1) the income and resources of any individual who executed
an affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 423) on
behalf of such alien, and
(2) the income and resources of the spouse (if any) of the
individual.
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following State public benefits:
(1) Emergency medical services.
(2) Short-term, noncash, in-kind emergency disaster relief.
(3) Programs comparable to assistance or benefits under the
National School Lunch Act.
(4) Programs comparable to assistance or benefits under the
Child Nutrition Act of 1966.
(5)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of a
serious communicable disease if the appropriate chief State
health official determines that it is necessary to prevent
the spread of such disease.
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General of a State, after
consultation with appropriate agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies; (B)
do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
SEC. 423. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II of the Immigration and
Nationality Act is amended by inserting after section 213 the
following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--(1) No affidavit of
support may be accepted by the Attorney General or by any
consular officer to establish that an alien is not excludable
as a public charge under section 212(a)(4) unless such
affidavit is executed as a contract--
``(A) which is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, and by any State
(or any political subdivision of such State) which provides
any means-tested public benefits program, but not later than
10 years after the alien last receives any such benefit;
``(B) in which the sponsor agrees to financially support
the alien, so that the alien will not become a public charge;
and
``(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (e)(2).
``(2) A contract under paragraph (1) shall be enforceable
with respect to benefits provided to the alien until such
time as the alien achieves United States citizenship through
naturalization pursuant to chapter 2 of title III.
``(b) Forms.--Not later than 90 days after the date of
enactment of this section, the Attorney General, in
consultation with the Secretary of State and the Secretary of
Health and Human Services, shall formulate an affidavit of
support consistent with the provisions of this section.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in sections 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for
specific performance and payment of legal fees and other
costs of collection, and include corresponding remedies
available under State law. A Federal agency may seek to
collect amounts owed under this section in accordance with
the provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(d) Notification of Change of Address.--
``(1) In general.--The sponsor shall notify the Attorney
General and the State in which the sponsored alien is
currently resident within 30 days of any change of address of
the sponsor during the period specified in subsection (a)(2).
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the alien
has received any means-tested public benefit, not less than
$2,000 or more than $5,000.
``(e) Reimbursement of Government Expenses.--(1)(A) Upon
notification that a sponsored alien has received any benefit
under any means-tested public benefits program, the
appropriate Federal, State, or local official shall request
reimbursement by the sponsor in the amount of such
assistance.
``(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe such
regulations as may be necessary to carry out subparagraph
(A).
``(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received
a response from the sponsor indicating a willingness to
commence payments, an action may be brought against the
sponsor pursuant to the affidavit of support.
``(3) If the sponsor fails to abide by the repayment terms
established by such agency, the agency may, within 60 days of
such failure, bring an action against the sponsor pursuant to
the affidavit of support.
``(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits program.
``(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement from
the sponsor in the amount of assistance provided, or brings
an action against the sponsor pursuant to the affidavit of
support, the appropriate agency may appoint or hire an
individual or other person to act on behalf of such agency
acting under the authority of law for purposes of collecting
any moneys owed. Nothing in this subsection shall preclude
any appropriate Federal, State, or local agency from directly
requesting reimbursement from a sponsor for the amount of
assistance provided, or from bringing an action against a
sponsor pursuant to an affidavit of support.
``(f) Definitions.--For the purposes of this section--
``(1) Sponsor.--The term `sponsor' means an individual
who--
``(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(B) has attained the age of 18 years;
``(C) is domiciled in any of the 50 States or the District
of Columbia; and
``(D) is the person petitioning for the admission of the
alien under section 204.
``(2) Means-tested public benefits program.--The term
`means-tested public benefits program' means a program of
public benefits (including cash, medical, housing, and food
assistance and social services) of the Federal Government or
of a State or political subdivision of a State in which the
eligibility of an individual, household, or family
eligibility unit for benefits under the program, or the
amount of such benefits, or both are determined on the basis
of income, resources, or financial need of the individual,
household, or unit.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
213 the following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(c) Effective Date.--Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection
(a) of this section, shall apply to affidavits of sup
[[Page 1567]]
port executed on or after a date specified by the Attorney
General, which date shall not be earlier than 60 days (and
not later than 90 days) after the date the Attorney General
formulates the form for such affidavits under subsection (b)
of such section.
(d) Benefits Not Subject to Reimbursement.--Requirements
for reimbursement by a sponsor for benefits provided to a
sponsored alien pursuant to an affidavit of support under
section 213A of the Immigration and Nationality Act shall not
apply with respect to the following:
(1) Emergency medical services under title XIX or XXI of
the Social Security Act.
(2) Short-term, noncash, in-kind emergency disaster relief.
(3) Assistance or benefits under the National School Lunch
Act.
(4) Assistance or benefits under the Child Nutrition Act of
1966.
(5)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of a
serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of such disease.
(6) Payments for foster care and adoption assistance under
part B of title IV of the Social Security Act for a child,
but only if the foster or adoptive parent or parents of such
child are not otherwise ineligible pursuant to section 403 of
this Act.
(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (A)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (B) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965.
SEC. 424. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965 (20
U.S.C. 1091(b)) is amended by adding at the end the following
new paragraph:
``(6) Notwithstanding sections 427(a)(2)(A), 428B(a),
428C(b)(4)(A), and 464(c)(1)(E), or any other provision of
this title, a student who is an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
shall not be eligible for a loan under this title unless the
loan is endorsed and cosigned by the alien's sponsor under
section 213A of the Immigration and Nationality Act or by
another creditworthy individual who is a United States
citizen.''.
Subtitle D--General Provisions
SEC. 431. DEFINITIONS.
(a) In General.--Except as otherwise provided in this
title, the terms used in this title have the same meaning
given such terms in section 101(a) of the Immigration and
Nationality Act.
(b) Qualified Alien.--For purposes of this title, the term
``qualified alien'' means an alien who, at the time the alien
applies for, receives, or attempts to receive a Federal
public benefit, is--
(1) an alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208 of
such Act,
(3) a refugee who is admitted to the United States under
section 207 of such Act,
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act for a period of at least 1
year,
(5) an alien whose deportation is being withheld under
section 243(h) of such Act, or
(6) an alien who is granted conditional entry pursuant to
section 203(a)(7) of such Act as in effect prior to April 1,
1980.
SEC. 432. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC
BENEFITS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Attorney General of the United
States, after consultation with the Secretary of Health and
Human Services, shall promulgate regulations requiring
verification that a person applying for a Federal public
benefit (as defined in section 401(c)), to which the
limitation under section 401 applies, is a qualified alien
and is eligible to receive such benefit. Such regulations
shall, to the extent feasible, require that information
requested and exchanged be similar in form and manner to
information requested and exchanged under section 1137 of the
Social Security Act.
(b) State Compliance.--Not later than 24 months after the
date the regulations described in subsection (a) are adopted,
a State that administers a program that provides a Federal
public benefit shall have in effect a verification system
that complies with the regulations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
SEC. 433. STATUTORY CONSTRUCTION.
(a) Limitation.--
(1) Nothing in this title may be construed as an
entitlement or a determination of an individual's eligibility
or fulfillment of the requisite requirements for any Federal,
State, or local governmental program, assistance, or
benefits. For purposes of this title, eligibility relates
only to the general issue of eligibility or ineligibility on
the basis of alienage.
(2) Nothing in this title may be construed as addressing
alien eligibility for a basic public education as determined
by the Supreme Court of the United States under Plyler v. Doe
(457 U.S. 202)(1982).
(b) Not Applicable to Foreign Assistance.--This title does
not apply to any Federal, State, or local governmental
program, assistance, or benefits provided to an alien under
any program of foreign assistance as determined by the
Secretary of State in consultation with the Attorney General.
(c) Severability.--If any provision of this title or the
application of such provision to any person or circumstance
is held to be unconstitutional, the remainder of this title
and the application of the provisions of such to any person
or circumstance shall not be affected thereby.
SEC. 434. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT
AGENCIES AND THE IMMIGRATION AND NATURALIZATION
SERVICE.
Notwithstanding any other provision of Federal, State, or
local law, no State or local government entity may be
prohibited, or in any way restricted, from sending to or
receiving from the Immigration and Naturalization Service
information regarding the immigration status, lawful or
unlawful, of an alien in the United States.
SEC. 435. QUALIFYING QUARTERS.
For purposes of this title, in determining the number of
qualifying quarters of coverage under title II of the Social
Security Act an alien shall be credited with--
(1) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18 if the parent
did not receive any Federal means-tested public benefit (as
defined in section 403(c)) during any such quarter, and
(2) all of the qualifying quarters worked by a spouse of
such alien during their marriage if the spouse did not
receive any Federal means-tested public benefit (as defined
in section 403(c)) during any such quarter and the alien
remains married to such spouse or such spouse is deceased.
SEC. 436. TITLE INAPPLICABLE TO PROGRAMS SPECIFIED BY
ATTORNEY GENERAL.
Notwithstanding any other provision of this title, this
title or any provision of this title shall not apply to
programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short term shelter)
specified by the Attorney General, in the Attorney General's
sole and unreviewable discretion after consultation with
appropriate Federal agencies and departments, which (1)
deliver services at the community level, including through
public or private nonprofit agencies; (2) do not condition
the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the
individual recipient's income or resources; and (3) are
necessary for the protection of life, safety or the public
health.
SEC. 437. TITLE INAPPLICABLE TO PROGRAMS OF NONPROFIT
CHARITABLE ORGANIZATIONS.
Notwithstanding any other provision of this title, this
title or any provision of this title shall not apply to
programs, services, or assistance of a nonprofit charitable
organization, regardless of whether such programs, services,
or assistance are funded, in whole or in part, by the Federal
Government or the government of any State or political
subdivision of a State.
Subtitle E--Conforming Amendments
SEC. 441. CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING.
(a) Limitations on Assistance.--Section 214 of the Housing
and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended--
(1) by striking ``Secretary of Housing and Urban
Development'' each place it appears and inserting
``applicable Secretary'';
(2) in subsection (b), by inserting after ``National
Housing Act,'' the following: ``the direct loan program under
section 502 of the Housing Act of 1949 or section
502(c)(5)(D), 504, 521(a)(2)(A), or 542 of such Act, subtitle
A of title III of the Cranston-Gonzalez National Affordable
Housing Act,'';
(3) in paragraphs (2) through (6) of subsection (d), by
striking ``Secretary'' each place it appears and inserting
``applicable Secretary'';
(4) in subsection (d), in the matter following paragraph
(6), by striking ``the term `Secretary' '' and inserting
``the term `applicable Secretary' ''; and
(5) by adding at the end the following new subsection:
``(h) For purposes of this section, the term `applicable
Secretary' means--
``(1) the Secretary of Housing and Urban Development, with
respect to financial assistance administered by such
Secretary and financial assistance under subtitle A of title
III of the Cranston-Gonzalez National Affordable Housing Act;
and
``(2) the Secretary of Agriculture, with respect to
financial assistance administered by such Secretary.''.
(b) Conforming Amendments.--Section 501(h) of the Housing
Act of 1949 (42 U.S.C. 1471(h)) is amended--
(1) by striking ``(1)'';
(2) by striking ``by the Secretary of Housing and Urban
Development''; and
(3) by striking paragraph (2).
[[Page 1568]]
TITLE V--REDUCTIONS IN FEDERAL GOVERNMENT POSITIONS
SEC. 501. REDUCTIONS.
(a) Definitions.--As used in this section:
(1) Appropriate effective date.--The term ``appropriate
effective date'', used with respect to a Department referred
to in this section, means the date on which all provisions of
this Act (other than title II) that the Department is
required to carry out, and amendments and repeals made by
such Act to provisions of Federal law that the Department is
required to carry out, are effective.
(2) Covered activity.--The term ``covered activity'', used
with respect to a Department referred to in this section,
means an activity that the Department is required to carry
out under--
(A) a provision of this Act (other than title II); or
(B) a provision of Federal law that is amended or repealed
by this Act (other than title II).
(b) Reports.--
(1) Contents.--Not later than December 31, 1995, each
Secretary referred to in paragraph (2) shall prepare and
submit to the relevant committees described in paragraph (3)
a report containing--
(A) the determinations described in subsection (c);
(B) appropriate documentation in support of such
determinations; and
(C) a description of the methodology used in making such
determinations.
(2) Secretary.--The Secretaries referred to in this
paragraph are--
(A) the Secretary of Agriculture;
(B) the Secretary of Education;
(C) the Secretary of Labor;
(D) the Secretary of Housing and Urban Development; and
(E) the Secretary of Health and Human Services.
(3) Relevant committees.--The relevant Committees described
in this paragraph are the following:
(A) With respect to each Secretary described in paragraph
(2), the Committee on Government Reform and Oversight of the
House of Representatives and the Committee on Governmental
Affairs of the Senate.
(B) With respect to the Secretary of Agriculture, the
Committee on Agriculture and the Committee on Economic and
Educational Opportunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(C) With respect to the Secretary of Education, the
Committee on Economic and Educational Opportunities of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate.
(D) With respect to the Secretary of Labor, the Committee
on Economic and Educational Opportunities of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate.
(E) With respect to the Secretary of Housing and Urban
Development, the Committee on Banking and Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(F) With respect to the Secretary of Health and Human
Services, the Committee on Economic and Educational
Opportunities of the House of Representatives, the Committee
on Labor and Human Resources of the Senate, the Committee on
Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate.
(4) Report on changes.--Not later than December 31, 1996,
and each December 31 thereafter, each Secretary referred to
in paragraph (2) shall prepare and submit to the relevant
Committees described in paragraph (3), a report concerning
any changes with respect to the determinations made under
subsection (c) for the year in which the report is being
submitted.
(c) Determinations.--Not later than October 1, 1996, each
Secretary referred to in subsection (b)(2) shall determine--
(1) the number of full-time equivalent positions required
by the Department headed by such Secretary to carry out the
covered activities of the Department, as of the day before
the date of enactment of this Act;
(2) the number of such positions required by the Department
to carry out the activities, as of the appropriate effective
date for the Department; and
(3) the difference obtained by subtracting the number
referred to in paragraph (2) from the number referred to in
paragraph (1).
(d) Actions.--Each Secretary referred to in subsection
(b)(2) shall take such actions as may be necessary, including
reduction in force actions, consistent with sections 3502 and
3595 of title 5, United States Code, to reduce the number of
positions of personnel of the Department--
(1) not later than 30 days after the appropriate effective
date for the Department involved, by at least 50 percent of
the difference referred to in subsection (c)(3); and
(2) not later than 13 months after such appropriate
effective date, by at least the remainder of such difference
(after the application of paragraph (1)).
(e) Consistency.--
(1) Education.--The Secretary of Education shall carry out
this section in a manner that enables the Secretary to meet
the requirements of this section.
(2) Labor.--The Secretary of Labor shall carry out this
section in a manner that enables the Secretary to meet the
requirements of this section.
(3) Health and human services.--The Secretary of Health and
Human Services shall carry out this section in a manner that
enables the Secretary to meet the requirements of this
section and sections 502 and 503.
(f) Calculation.--In determining, under subsection (c), the
number of full-time equivalent positions required by a
Department to carry out a covered activity, a Secretary
referred to in subsection (b)(2) shall include the number of
such positions occupied by personnel carrying out program
functions or other functions (including budgetary,
legislative, administrative, planning, evaluation, and legal
functions) related to the activity.
(g) General Accounting Office Report.--Not later than July
1, 1996, the Comptroller General of the United States shall
prepare and submit to the committees described in subsection
(b)(3), a report concerning the determinations made by each
Secretary under subsection (c). Such report shall contain an
analysis of the determinations made by each Secretary under
subsection (c) and a determination as to whether further
reductions in full-time equivalent positions are appropriate.
SEC. 502. REDUCTIONS IN FEDERAL BUREAUCRACY.
(a) In General.--The Secretary of Health and Human Services
shall reduce the Federal workforce within the Department of
Health and Human Services by an amount equal to the sum of--
(1) 75 percent of the full-time equivalent positions at
such Department that relate to any direct spending program,
or any program funded through discretionary spending, that
has been converted into a block grant program under this Act
and the amendments made by this Act; and
(2) an amount equal to 75 percent of that portion of the
total full-time equivalent departmental management positions
at such Department that bears the same relationship to the
amount appropriated for the programs referred to in paragraph
(1) as such amount relates to the total amount appropriated
for use by such Department.
(b) Reductions in the Department of Health and Human
Services.--Notwithstanding any other provision of this Act,
the Secretary of Health and Human Services shall take such
actions as may be necessary, including reductions in force
actions, consistent with sections 3502 and 3595 of title 5,
United States Code, to reduce the full-time equivalent
positions within the Department of Health and Human
Services--
(1) by 245 full-time equivalent positions related to the
program converted into a block grant under the amendment made
by section 103; and
(2) by 60 full-time equivalent managerial positions in the
Department.
SEC. 503. REDUCING PERSONNEL IN WASHINGTON, D.C. AREA.
In making reductions in full-time equivalent positions, the
Secretary of Health and Human Services is encouraged to
reduce personnel in the Washington, D.C., area office (agency
headquarters) before reducing field personnel.
TITLE VI--REFORM OF PUBLIC HOUSING
SEC. 601. FAILURE TO COMPLY WITH OTHER WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
Title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) is amended by adding at the end the following
new section:
``SEC. 27. FAILURE TO COMPLY WITH OTHER WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
``(a) In General.--If the benefits of a family are reduced
under a Federal, State, or local law relating to welfare or a
public assistance program for the failure of any member of
the family to perform an action required under the law or
program, the family may not, for the duration of the
reduction, receive any increased assistance under this Act as
the result of a decrease in the income of the family to the
extent that the decrease in income is the result of the
benefits reduction.
``(b) Exception.--Subsection (a) shall not apply in any
case in which the benefits of a family are reduced because
the welfare or public assistance program to which the
Federal, State, or local law relates limits the period during
which benefits may be provided under the program.''.
SEC. 602. FRAUD UNDER MEANS-TESTED WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
(a) In General.--If an individual's benefits under a
Federal, State, or local law relating to a means-tested
welfare or a public assistance program are reduced because of
an act of fraud by the individual under the law or program,
the individual may not, for the duration of the reduction,
receive an increased benefit under any other means-tested
welfare or public assistance program for which Federal funds
are appropriated as a result of a decrease in the income of
the individual (determined under the applicable program)
attributable to such reduction.
(b) Welfare or Public Assistance Programs for Which Federal
Funds Are Appropriated.--For purposes of subsection (a), the
term ``means-tested welfare or public assistance program for
which Federal funds are appropriated'' includes the food
stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.), any program of public or assisted housing under
title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), and State programs funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.).
[[Page 1569]]
SEC. 603. ANNUAL ADJUSTMENT FACTORS FOR OPERATING COSTS ONLY;
RESTRAINT ON RENT INCREASES.
(a) Annual Adjustment Factors for Operating Costs Only.--
Section 8(c)(2)(A) of the United States Housing Act of 1937
(42 U.S.C. 1437f(c)(2)(A)) is amended--
(1) by striking ``(2)(A)'' and inserting ``(2)(A)(i)'';
(2) by striking the second sentence and all that follows
through the end of the subparagraph; and
(3) by adding at the end the following new clause:
``(ii) Each assistance contract under this section shall
provide that--
``(I) if the maximum monthly rent for a unit in a new
construction or substantial rehabilitation project to be
adjusted using an annual adjustment factor exceeds 100
percent of the fair market rent for an existing dwelling unit
in the market area, the Secretary shall adjust the rent using
an operating costs factor that increases the rent to reflect
increases in operating costs in the market area; and
``(II) if the owner of a unit in a project described in
subclause (I) demonstrates that the adjusted rent determined
under subclause (I) would not exceed the rent for an
unassisted unit of similar quality, type, and age in the same
market area, as determined by the Secretary, the Secretary
shall use the otherwise applicable annual adjustment
factor.''.
(b) Restraint on Section 8 Rent Increases.--Section
8(c)(2)(A) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)(2)(A)), as amended by subsection (a), is
amended by adding at the end the following new clause:
``(iii)(I) Subject to subclause (II), with respect to any
unit assisted under this section that is occupied by the same
family at the time of the most recent annual rental
adjustment, if the assistance contract provides for the
adjustment of the maximum monthly rent by applying an annual
adjustment factor, and if the rent for the unit is otherwise
eligible for an adjustment based on the full amount of the
annual adjustment factor, 0.01 shall be subtracted from the
amount of the annual adjustment factor, except that the
annual adjustment factor shall not be reduced to less than
1.0.
``(II) With respect to any unit described in subclause (I)
that is assisted under the certificate program, the adjusted
rent shall not exceed the rent for a comparable unassisted
unit of similar quality, type, and age in the market area in
which the unit is located.''.
(c) Effective Date.--The amendments made by this section
shall become effective on October 1, 1996.
SEC. 604. EFFECTIVE DATE.
This title and the amendment made by this title shall
become effective on the date of enactment of this Act.
TITLE VII--CHILD CARE
SEC. 701. SHORT TITLE AND REFERENCES.
(a) Short Title.--This title may be cited as the ``Child
Care and Development Block Grant Amendments of 1995''.
(b) References.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
SEC. 702. GOALS.
(a) Goals.--Section 658A (42 U.S.C. 9801 note) is amended--
(1) in the section heading by inserting ``and goals'' after
``title'';
(2) by inserting ``(a) Short Title.--'' before ``This'';
and
(3) by adding at the end the following:
``(b) Goals.--The goals of this subchapter are--
``(1) to allow each State maximum flexibility in developing
child care programs and policies that best suit the needs of
children and parents within such State;
``(2) to promote parental choice to empower working parents
to make their own decisions on the child care that best suits
their family's needs;
``(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care;
``(4) to assist States to provide child care to parents
trying to achieve independence from public assistance; and
``(5) to assist States in implementing the health, safety,
licensing, and registration standards established in State
regulations.''.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS AND ENTITLEMENT
AUTHORITY.
(a) In General.--Section 658B (42 U.S.C. 9858) is amended
to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter $1,000,000,000 for each of the fiscal years 1996
through 2002.''.
(b) Social Security Act.--Part A of title IV of the Social
Security Act (as amended by section 103 of this Act) is
amended by redesignating section 417 as section 418 and
inserting after section 416 the following:
``SEC. 417. FUNDING FOR CHILD CARE.
``(a) General Child Care Entitlement.--
``(1) General entitlement.--Subject to the amount
appropriated under paragraph (3), each State shall, for the
purpose of providing child care assistance, be entitled to
payments under a grant under this subsection for a fiscal
year in an amount equal to the greatest of--
``(A) the sum of--
``(i) the total amount required to be paid to the State
under former section 403 for fiscal year 1994 with respect to
amounts expended for child care under section 402(g) of this
Act (as such section was in effect before October 1, 1995);
and
``(ii) such total amount with respect to amounts expended
for child care under section 403(i) of this Act (as so in
effect); or
``(B) the sum described in subparagraph (A) for fiscal year
1995; or
``(C) the average of the total amounts required to be paid
to the State for fiscal years 1992 through 1994 under the
sections referred to in subparagraph (A).
``(2) Remainder.--
``(A) Grants.--The Secretary shall use any amounts
appropriated for a fiscal year under paragraph (3), and
remaining after the reservation described in paragraph (5)
and after grants are awarded under paragraph (1), to make
grants to States under this paragraph.
``(B) Amount.--Subject to subparagraph (C), the amount of a
grant awarded to a State for a fiscal year under this
paragraph shall be based on the formula used for determining
the amount of Federal payments to the State under section
403(n) (as such section was in effect before October 1,
1995).
``(C) Matching requirement.--The Secretary shall pay to
each eligible State in a fiscal year an amount, under a grant
under subparagraph (A), equal to the Federal medical
assistance percentage for such State for fiscal year 1995 (as
defined in section 1905(b)) of so much of the expenditures by
the State for child care in such year as exceed the State
set-aside for such State under subsection (a)(1) for such
year and the amount of State expenditures in fiscal year 1995
that equal the non-Federal share for the programs described
in subparagraphs (A), (B) and (C) of paragraph (1).
``(3) Appropriation.--There are authorized to be
appropriated, and there are appropriated, to carry out this
section--
``(A) $1,967,000,000 for fiscal year 1997;
``(B) $2,067,000,000 for fiscal year 1998;
``(C) $2,167,000,000 for fiscal year 1999;
``(D) $2,367,000,000 for fiscal year 2000;
``(E) $2,567,000,000 for fiscal year 2001; and
``(F) $2,767,000,000 for fiscal year 2002.
``(4) Redistribution.--With respect to any fiscal year, if
the Secretary determines that amounts under any grant awarded
to a State under this subsection for such fiscal year will
not be used by such State for carrying out the purpose for
which the grant is made, the Secretary shall make such
amounts available for carrying out such purpose to 1 or more
other States which apply for such funds to the extent the
Secretary determines that such other States will be able to
use such additional amounts for carrying out such purpose.
Such available amounts shall be redistributed to a State
pursuant to section 402(i) (as such section was in effect
before October 1, 1995) by substituting `the number of
children residing in all States applying for such funds' for
`the number of children residing in the United States in the
second preceding fiscal year'. Any amount made available to a
State from an appropriation for a fiscal year in accordance
with the preceding sentence shall, for purposes of this part,
be regarded as part of such State's payment (as determined
under this subsection) for such year.
``(5) Indian tribes.--The Secretary shall reserve not more
than 1 percent of the aggregate amount appropriated to carry
out this section in each fiscal year for payments to Indian
tribes and tribal organizations.
``(b) Use of Funds.--
``(1) In general.--Amounts received by a State under this
section shall only be used to provide child care assistance.
``(2) Use for certain populations.--A State shall ensure
that not less than 70 percent of the total amount of funds
received by the State in a fiscal year under this section are
used to provide child care assistance to families who are
receiving assistance under a State program under this part,
families who are attempting through work activities to
transition off of such assistance program, and families who
are at risk of becoming dependent on such assistance program.
``(c) Application of Child Care and Development Block Grant
Act of 1990.--Notwithstanding any other provision of law,
amounts provided to a State under this section shall be
transferred to the lead agency under the Child Care and
Development Block Grant Act of 1990, integrated by the State
into the programs established by the State under such Act,
and be subject to requirements and limitations of such Act.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States or the District of
Columbia.''.
SEC. 704. LEAD AGENCY.
Section 658D(b) (42 U.S.C. 9858b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``State'' the first
place that such appears and inserting ``governmental or
nongovernmental''; and
(B) in subparagraph (C), by inserting ``with sufficient
time and Statewide distribution of the notice of such
hearing,'' after ``hearing in the State''; and
(2) in paragraph (2), by striking the second sentence.
SEC. 705. APPLICATION AND PLAN.
Section 658E (42 U.S.C. 9858c) is amended--
(1) in subsection (b)--
(A) by striking ``implemented--'' and all that follows
through ``(2)'' and inserting ``implemented''; and
[[Page 1570]]
(B) by striking ``for subsequent State plans'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i) by striking
``, other than through assistance provided under paragraph
(3)(C),''; and
(II) by striking ``except'' and all that follows through
``1992'', and inserting ``and provide a detailed description
of the procedures the State will implement to carry out the
requirements of this subparagraph'';
(ii) in subparagraph (B)--
(I) by striking ``Provide assurances'' and inserting
``Certify''; and
(II) by inserting before the period at the end ``and
provide a detailed description of such procedures'';
(iii) in subparagraph (C)--
(I) by striking ``Provide assurances'' and inserting
``Certify''; and
(II) by inserting before the period at the end ``and
provide a detailed description of how such record is
maintained and is made available'';
(iv) by amending subparagraph (D) to read as follows:
``(D) Consumer education information.--Certify that the
State will collect and disseminate to parents of eligible
children and the general public, consumer education
information that will promote informed child care choices.'';
(v) in subparagraph (E), to read as follows:
``(E) Compliance with state licensing requirements.--
``(i) In general.--Certify that the State has in effect
licensing requirements applicable to child care services
provided within the State, and provide a detailed description
of such requirements and of how such requirements are
effectively enforced. Nothing in the preceding sentence shall
be construed to require that licensing requirements be
applied to specific types of providers of child care
services.
``(ii) Indian tribes and tribal organizations.--In lieu of
any licensing and regulatory requirements applicable under
State and local law, the Secretary, in consultation with
Indian tribes and tribal organizations, shall develop minimum
child care standards (that appropriately reflect tribal needs
and available resources) that shall be applicable to Indian
tribes and tribal organizations receiving assistance under
this subchapter.'';
(vi) by striking ``Provide assurances'' and inserting
``Certify''; and
(vii) by striking subparagraphs (H), (I), and (J) and
inserting the following:
``(G) Meeting the needs of certain populations.--
Demonstrate the manner in which the State will meet the
specific child care needs of families who are receiving
assistance under a State program under part A of title IV of
the Social Security Act, families who are attempting through
work activities to transition off of such assistance program,
and families who are at risk of becoming dependent on such
assistance program.
``(H) Preserving parental choice.--Certify that the State
will not implement any policy or practice which has the
effect of significantly restricting parental choice by--
``(i) expressly or effectively excluding any category of
care or type of provider within a category of care;
``(ii) limiting parental access to or choices from among
various categories of care or types of providers; or
``(iii) excluding a significant number of providers in any
category of care.
``(I) Informing parents of options.--Provides assurances
that parents will be informed regarding their options under
this section, including the option to receive a child care
certificate or voucher.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``(B) and (C)'' and
inserting ``(B) through (D)'';
(ii) in subparagraph (B)--
(I) by striking ``.--Subject to the reservation contained
in subparagraph (C), the'' and inserting ``and related
activities.--The'';
(II) in clause (i) by striking ``; and'' at the end and
inserting a period;
(III) by striking ``for--'' and all that follows through
``section 658E(c)(2)(A)'' and inserting ``for child care
services on sliding fee scale basis, activities that improve
the quality or availability of such services, and any other
activity that the State deems appropriate to realize any of
the goals specified in paragraphs (2) through (5) of section
658A(b)''; and
(IV) by striking clause (ii);
(iii) by amending subparagraph (C) to read as follows:
``(C) Limitation on administrative costs.--Not more than 5
percent of the aggregate amount of funds available to the
State to carry out this subchapter by a State in each fiscal
year may be expended for administrative costs incurred by
such State to carry out all of its functions and duties under
this subchapter. As used in the preceding sentence, the term
`administrative costs' shall not include the costs of
providing direct services.''; and
(iv) by adding at the end thereof the following:
``(D) Assistance for certain families.--A State shall
ensure that a substantial portion of the amounts available
(after the State has complied with the requirement of section
417(b)(2) of the Social Security Act with respect to each of
the fiscal years 1997 through 2002) to the State to carry out
activities this subchapter in each fiscal year is used to
provide assistance to low-income working families other than
families described in paragraph (2)(F).''; and
(C) in paragraph (4)(A)--
(i) by striking ``provide assurances'' and inserting
``certify'';
(ii) in the first sentence by inserting ``and shall provide
a summary of the facts relied on by the State to determine
that such rates are sufficient to ensure such access'' before
the period; and
(iii) by striking the last sentence.
SEC. 706. LIMITATION ON STATE ALLOTMENTS.
Section 658F(b) (42 U.S.C. 9858d(b)) is amended--
(1) in paragraph (1), by striking ``No'' and inserting
``Except as provided for in section 658O(c)(6), no''; and
(2) in paragraph (2), by striking ``referred to in section
658E(c)(2)(F)''.
SEC. 707. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G (42 U.S.C. 9858e) is amended to read as
follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``A State that receives funds to carry out this subchapter
for a fiscal year, shall use not less than 4 percent of the
amount of such funds for activities that are designed to
provide comprehensive consumer education to parents and the
public, activities that increase parental choice, and
activities designed to improve the quality and availability
of child care (such as resource and referral services).''.
SEC. 708. REPEAL OF EARLY CHILDHOOD DEVELOPMENT AND BEFORE-
AND AFTER-SCHOOL CARE REQUIREMENT.
Section 658H (42 U.S.C. 9858f) is repealed.
SEC. 709. ADMINISTRATION AND ENFORCEMENT.
Section 658I(b) (42 U.S.C. 9858g(b)) is amended--
(1) in paragraph (1), by striking ``, and shall have'' and
all that follows through ``(2)''; and
(2) in the matter following clause (ii) of paragraph
(2)(A), by striking ``finding and that'' and all that follows
through the period and inserting ``finding and shall require
that the State reimburse the Secretary for any funds that
were improperly expended for purposes prohibited or not
authorized by this subchapter, that the Secretary deduct from
the administrative portion of the State allotment for the
following fiscal year an amount that is less than or equal to
any improperly expended funds, or a combination of such
options.''.
SEC. 710. PAYMENTS.
Section 658J(c) (42 U.S.C. 9858h(c)) is amended by striking
``expended'' and inserting ``obligated''.
SEC. 711. ANNUAL REPORT AND AUDITS.
Section 658K (42 U.S.C. 9858i) is amended--
(1) in the section heading by striking ``annual report''
and inserting ``reports'';
(2) in subsection (a), to read as follows:
``(a) Reports.--
``(1) Collection of information by states.--
``(A) In general.--A State that receives funds to carry out
this subchapter shall collect the information described in
subparagraph (B) on a monthly basis.
``(B) Required information.--The information required under
this subparagraph shall include, with respect to a family
unit receiving assistance under this subchapter information
concerning--
``(i) family income;
``(ii) county of residence;
``(iii) the gender, race, and age of children receiving
such assistance;
``(iv) whether the family includes only 1 parent;
``(v) the sources of family income, including the amount
obtained from (and separately identified)--
``(I) employment, including self-employment;
``(II) cash or other assistance under part A of title IV of
the Social Security Act;
``(III) housing assistance;
``(IV) assistance under the Food Stamp Act of 1977; and
``(V) other assistance programs;
``(vi) the number of months the family has received
benefits;
``(vii) the type of child care in which the child was
enrolled (such as family child care, home care, or center-
based child care);
``(viii) whether the child care provider involved was a
relative;
``(ix) the cost of child care for such families; and
``(x) the average hours per week of such care;
during the period for which such information is required to
be submitted.
``(C) Submission to secretary.--A State described in
subparagraph (A) shall, on a quarterly basis, submit the
information required to be collected under subparagraph (B)
to the Secretary.
``(D) Sampling.--The Secretary may disapprove the
information collected by a State under this paragraph if the
State uses sampling methods to collect such information.
``(2) Biannual reports.--Not later than December 31, 1997,
and every 6 months thereafter, a State described in paragraph
(1)(A) shall prepare and submit to the Secretary a report
that includes aggregate data concerning--
``(A) the number of child care providers that received
funding under this subchapter as separately identified based
on the types of providers listed in section 658P(5);
``(B) the monthly cost of child care services, and the
portion of such cost that is paid for with assistance
provided under this subchapter, listed by the type of child
care services provided;
[[Page 1571]]
``(C) the number of payments made by the State through
vouchers, contracts, cash, and disregards under public
benefit programs, listed by the type of child care services
provided;
``(D) the manner in which consumer education information
was provided to parents and the number of parents to whom
such information was provided; and
``(E) the total number (without duplication) of children
and families served under this subchapter;
during the period for which such report is required to be
submitted.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``a application'' and
inserting ``an application'';
(B) in paragraph (2) by striking ``any agency administering
activities that receive'' and inserting ``the State that
receives''; and
(C) in paragraph (4) by striking ``entitles'' and inserting
``entitled''.
SEC. 712. REPORT BY THE SECRETARY.
Section 658L (42 U.S.C. 9858j) is amended--
(1) by striking ``1993'' and inserting ``1997'';
(2) by striking ``annually'' and inserting ``biennially'';
and
(3) by striking ``Education and Labor'' and inserting
``Economic and Educational Opportunities''.
SEC. 713. ALLOTMENTS.
Section 658O (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1)
(i) by striking ``Possessions'' and inserting
``possessions'';
(ii) by inserting ``and'' after ``States,''; and
(iii) by striking ``, and the Trust Territory of the
Pacific Islands''; and
(B) in paragraph (2), by striking ``3 percent'' and
inserting ``1 percent'';
(2) in subsection (c)--
(A) in paragraph (5) by striking ``our'' and inserting
``out''; and
(B) by adding at the end thereof the following new
paragraph:
``(6) Construction or renovation of facilities.--
``(A) Request for use of funds.--An Indian tribe or tribal
organization may submit to the Secretary a request to use
amounts provided under this subsection for construction or
renovation purposes.
``(B) Determination.--With respect to a request submitted
under subparagraph (A), and except as provided in
subparagraph (C), upon a determination by the Secretary that
adequate facilities are not otherwise available to an Indian
tribe or tribal organization to enable such tribe or
organization to carry out child care programs in accordance
with this subchapter, and that the lack of such facilities
will inhibit the operation of such programs in the future,
the Secretary may permit the tribe or organization to use
assistance provided under this subsection to make payments
for the construction or renovation of facilities that will be
used to carry out such programs.
``(C) Limitation.--The Secretary may not permit an Indian
tribe or tribal organization to use amounts provided under
this subsection for construction or renovation if such use
will result in a decrease in the level of child care services
provided by the tribe or organization as compared to the
level of such services provided by the tribe or organization
in the fiscal year preceding the year for which the
determination under subparagraph (A) is being made.
``(D) Uniform procedures.--The Secretary shall develop and
implement uniform procedures for the solicitation and
consideration of requests under this paragraph.''; and
(3) in subsection (e), by adding at the end thereof the
following new paragraph:
``(4) Indian tribes or tribal organizations.--Any portion
of a grant or contract made to an Indian tribe or tribal
organization under subsection (c) that the Secretary
determines is not being used in a manner consistent with the
provision of this subchapter in the period for which the
grant or contract is made available, shall be allotted by the
Secretary to other tribes or organizations that have
submitted applications under subsection (c) in accordance
with their respective needs.''.
SEC. 714. DEFINITIONS.
Section 658P (42 U.S.C. 9858n) is amended--
(1) in paragraph (2), in the first sentence by inserting
``or as a deposit for child care services if such a deposit
is required of other children being cared for by the
provider'' after ``child care services''; and
(2) by striking paragraph (3);
(3) in paragraph (4)(B), by striking ``75 percent'' and
inserting ``85 percent'';
(4) in paragraph (5)(B)--
(A) by inserting ``great grandchild, sibling (if such
provider lives in a separate residence),'' after
``grandchild,'';
(B) by striking ``is registered and''; and
(C) by striking ``State'' and inserting ``applicable''.
(5) by striking paragraph (10);
(6) in paragraph (13)--
(A) by inserting ``or'' after ``Samoa,''; and
(B) by striking ``, and the Trust Territory of the Pacific
Islands'';
(7) in paragraph (14)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end thereof the following new
subparagraph:
``(B) Other organizations.--Such term includes a Native
Hawaiian Organization, as defined in section 4009(4) of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 (20 U.S.C.
4909(4)) and a private nonprofit organization established for
the purpose of serving youth who are Indians or Native
Hawaiians.''.
SEC. 715. REPEALS.
(a) Child Development Associate Scholarship Assistance Act
of 1985.--Title VI of the Human Services Reauthorization Act
of 1986 (42 U.S.C. 10901-10905) is repealed.
(b) State Dependent Care Development Grants Act.--
Subchapter E of chapter 8 of subtitle A of title VI of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871-
9877) is repealed.
(c) Programs of National Significance.--Title X of the
Elementary and Secondary Education Act of 1965, as amended by
Public Law 103-382 (108 Stat. 3809 et seq.), is amended--
(1) in section 10413(a) by striking paragraph (4),
(2) in section 10963(b)(2) by striking subparagraph (G),
and
(3) in section 10974(a)(6) by striking subparagraph (G).
(d) Native Hawaiian Family-Based Education Centers.--
Section 9205 of the Native Hawaiian Education Act (Public Law
103-382; 108 Stat. 3794) is repealed.
SEC. 716. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
on October 1, 1996.
(b) Exception.--The amendment made by section 803(a) shall
take effect on the date of enactment of this Act.
TITLE VIII--CHILD NUTRITION PROGRAMS
Subtitle A--National School Lunch Act
SEC. 801. VALUE OF FOOD ASSISTANCE.
(a) In General.--Section 6(e)(1) of the National School
Lunch Act (42 U.S.C. 1755(e)(1)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Adjustments.--
``(i) In general.--The value of food assistance for each
meal shall be adjusted each July 1 by the annual percentage
change in a 3-month average value of the Price Index for
Foods Used in Schools and Institutions for March, April, and
May each year.
``(ii) Adjustments.--Except as otherwise provided in this
subparagraph, in the case of each school year, the Secretary
shall--
``(I) base the adjustment made under clause (i) on the
amount of the unrounded adjustment for the preceding school
year;
``(II) adjust the resulting amount in accordance with
clause (i); and
``(III) round the result to the nearest lower cent
increment.
``(iii) Adjustment for 24-month period beginning july 1,
1996.--In the case of the 24-month period beginning July 1,
1996, the value of food assistance shall be the same as the
value of food assistance in effect on June 30, 1996.
``(iv) Adjustment for school year beginning july 1, 1998.--
In the case of the school year beginning July 1, 1998, the
Secretary shall--
``(I) base the adjustment made under clause (i) on the
amount of the unrounded adjustment for the value of food
assistance for the school year beginning July 1, 1995;
``(II) adjust the resulting amount to reflect the annual
percentage change in a 3-month average value of the Price
Index for Foods Used in Schools and Institutions for March,
April, and May for the most recent 12-month period for which
the data are available; and
``(III) round the result to the nearest lower cent
increment.''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on July 1, 1996.
SEC. 802. COMMODITY ASSISTANCE.
(a) In General.--Section 6(g) of the National School Lunch
Act (42 U.S.C. 1755(g)) is amended by striking ``12 percent''
and inserting ``8 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on July 1, 1996.
SEC. 803. STATE DISBURSEMENT TO SCHOOLS.
(a) In General.--Section 8 of the National School Lunch Act
(42 U.S.C. 1757) is amended--
(1) in the third sentence, by striking ``Nothing'' and all
that follows through ``educational agency to'' and inserting
``The State educational agency may'';
(2) by striking the fourth, fifth, and eighth sentences;
(3) by redesignating the first through sixth sentences, as
amended by paragraph (1), as subsections (a) through (f),
respectively;
(4) in subsection (b), as redesignated by paragraph (3), by
striking ``the preceding sentence'' and inserting
``subsection (a)''; and
(5) in subsection (d), as redesignated by paragraph (3), by
striking ``Such food costs'' and inserting ``Use of funds
paid to States''.
(b) Definition of Child.--Section 12(d) of the Act (42
U.S.C. 1760(d)) is amended by adding at the end the
following:
``(9) `child' includes an individual, regardless of age,
who--
``(A) is determined by a State educational agency, in
accordance with regulations prescribed by the Secretary, to
have 1 or more mental or physical disabilities; and
``(B) is attending any institution, as defined in section
17(a), or any nonresidential public or nonprofit private
school of high school grade or under, for the purpose of
participating in a school program established for individuals
with mental or physical disabilities.
No institution that is not otherwise eligible to participate
in the program under section
[[Page 1572]]
17 shall be considered eligible because of this paragraph.''.
SEC. 804. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) Nutritional Standards.--Section 9(a) of the National
School Lunch Act (42 U.S.C. 1758(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2)(A) Lunches'' and inserting ``(2)
Lunches'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Eligibility Guidelines.--Section 9(b) of the Act is
amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(2) in paragraph (5), by striking the third sentence; and
(3) in paragraph (6), by striking ``paragraph (2)(C)'' and
inserting ``paragraph (2)(B)''.
(c) Utilization of Agricultural Commodities.--Section 9(c)
of the Act is amended by striking the second, fourth, and
sixth sentences.
(d) Conforming Amendment.--The last sentence of section
9(d)(1) of the Act is amended by striking ``subsection
(b)(2)(C)'' and inserting ``subsection (b)(2)(B)''.
(e) Nutritional Information.--Section 9(f) of the Act is
amended--
(1) by striking paragraph (1);
(2) by striking ``(2)'';
(3) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4), respectively;
(4) by striking paragraph (1), as redesignated by paragraph
(3), and inserting the following:
``(1) Nutritional requirements.--Except as provided in
paragraph (2), not later than the first day of the 1996-1997
school year, schools that are participating in the school
lunch or school breakfast program shall serve lunches and
breakfasts under the program that--
``(A) are consistent with the goals of the most recent
Dietary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
``(B) provide, on the average over each week, at least--
``(i) with respect to school lunches, \1/3\ of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the
National Academy of Sciences; and
``(ii) with respect to school breakfasts, \1/4\ of the
daily recommended dietary allowance established by the Food
and Nutrition Board of the National Research Council of the
National Academy of Sciences.'';
(5) in paragraph (3), as redesignated by paragraph (3)--
(A) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(B) in subparagraph (A), as so redesignated, by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively; and
(6) in paragraph (4), as redesignated by paragraph (3), by
striking the first sentence and inserting the following:
``Schools may use any reasonable approach to meet the
requirements of this paragraph, including any approach
described in paragraph (3).''.
(f) Use of Resources.--Section 9 of the Act is amended by
striking subsection (h).
SEC. 805. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 9(b)(2) of the National School Lunch Act (42 U.S.C.
1758(b)(2)), as amended by section 802(b)(1), is further
amended by adding at the end the following:
``(C) Free and reduced price policy statement.--After the
initial submission, a school shall not be required to submit
a free and reduced price policy statement to a State
educational agency under this Act unless there is a
substantive change in the free and reduced price policy of
the school. A routine change in the policy of a school, such
as an annual adjustment of the income eligibility guidelines
for free and reduced price meals, shall not be sufficient
cause for requiring the school to submit a policy
statement.''.
SEC. 806. SPECIAL ASSISTANCE.
(a) Reimbursement Rates for Lunches, Breakfasts, and
Supplements.--
(1) In general.--Section 11(a)(3)(B) of the National School
Lunch Act (42 U.S.C. 1759a(a)(3)(B)) is amended--
(A) by designating the second and third sentences as
subparagraphs (C) and (D), respectively; and
(B) by striking subparagraph (D) (as so designated) and
inserting the following:
``(D) Rounding.--Except as otherwise provided in this
paragraph, in the case of each school year, the Secretary
shall--
``(i) base the adjustment made under this paragraph on the
amount of the unrounded adjustment for the preceding school
year;
``(ii) adjust the resulting amount in accordance with
subparagraphs (B) and (C); and
``(iii) round the result to the nearest lower cent
increment.
``(E) Adjustment for 12-month period beginning july 1,
1996.--In the case of the 12-month period beginning July 1,
1996, the national average payment rates for paid lunches,
paid breakfasts, and paid supplements shall be the same as
the national average payment rate for paid lunches, paid
breakfasts, and paid supplements, respectively, for the
school year beginning July 1, 1995, rounded to the nearest
lower cent increment.
``(F) Adjustment for school year beginning july 1, 1997.--
In the case of the school year beginning July 1, 1997, the
Secretary shall--
``(i) base the adjustments made under this paragraph for--
``(I) paid lunches and paid breakfasts on the amount of the
unrounded adjustment for paid lunches for the school year
beginning July 1, 1996; and
``(II) paid supplements on the amount of the unrounded
adjustment for paid supplements for the school year beginning
July 1, 1996;
``(ii) adjust each resulting amount in accordance with
subparagraph (C); and
``(iii) round each result to the nearest lower cent
increment.''.
(2) Effective date.--The amendments made by paragraph (1)
shall become effective on July 1, 1996.
(b) Financing Based on Need.--Section 11(b) of the Act is
amended--
(1) in the second sentence, by striking ``, within'' and
all that follows through ``all States,''; and
(2) by striking the third sentence.
(c) Applicability of Other Provisions.--Section 11 of the
Act is amended--
(1) by striking subsection (d);
(2) in subsection (e)(2)--
(A) by striking ``The'' and inserting ``On request of the
Secretary, the''; and
(B) by striking ``each month''; and
(3) by redesignating subsections (e) and (f), as so
amended, as subsections (d) and (e), respectively.
SEC. 807. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) Accounts and Records.--Section 12(a) of the National
School Lunch Act (42 U.S.C. 1760(a)) is amended by striking
``at all times be available'' and inserting ``be available at
any reasonable time''.
(b) Restriction on Requirements.--Section 12(c) of the Act
is amended by striking ``neither the Secretary nor the State
shall'' and inserting ``the Secretary shall not''.
(c) Definitions.--Section 12(d) of the Act, as amended by
section 801(b), is further amended--
(1) in paragraph (1), by striking ``the Trust Territory of
the Pacific Islands'' and inserting ``the Commonwealth of the
Northern Mariana Islands'';
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (1), (2), and (5) through
(9) as paragraphs (6), (7), (3), (4), (2), (5), and (1),
respectively, and rearranging the paragraphs so as to appear
in numerical order.
(d) Adjustments to National Average Payment Rates.--Section
12(f) of the Act is amended by striking ``the Trust Territory
of the Pacific Islands,''.
(e) Expedited Rulemaking.--Section 12(k) of the Act is
amended--
(1) by striking paragraphs (1), (2), and (5); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively.
(f) Waiver.--Section 12(l) of the Act is amended--
(1) in paragraph (1)(A)(i), by inserting after ``program''
the following: ``and would not have the effect of
transferring funds or commodities from the support of meals
for children with incomes below the income criteria for free
or reduced price meals, as provided in section 9(b)'';
(2) in paragraph (2)--
(A) by striking ``(A)'';
(B) in clause (iii), by adding ``and'' at the end;
(C) in clause (iv), by striking the semicolon at the end
and inserting a period;
(D) by striking clauses (v) through (vii);
(E) by striking subparagraph (B); and
(F) by redesignating clauses (i) through (iv), as so
amended, as subparagraphs (A) through (D), respectively;
(3) in paragraph (3)--
(A) by striking ``(A)''; and
(B) by striking subparagraphs (B) through (D);
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``of any requirement relating'' and inserting ``that
increases Federal costs or that relates'';
(B) by striking subparagraphs (B), (D), (F), (H), (J), (K),
and (L);
(C) by redesignating subparagraphs (C), (E), (G), (I), (M),
and (N) as subparagraphs (B) through (G), respectively; and
(D) in subparagraph (F), as redesignated by subparagraph
(C), by striking ``and'' at the end and inserting ``or''; and
(5) in paragraph (6)--
(A) by striking ``(A)(i)'' and all that follows through
``(B)''; and
(B) by redesignating clauses (i) through (iv) as
subparagraphs (A) through (D), respectively.
(g) Food and Nutrition Projects.--Section 12 of the Act is
amended by striking subsection (m).
SEC. 808. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Establishment of Program.--Section 13(a) of the
National School Lunch Act (42 U.S.C. 1761(a)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``initiate,
maintain, and expand'' and insert ``initiate and maintain'';
and
(B) in subparagraph (E) of the second sentence, by striking
``the Trust Territory of the Pacific Islands,''; and
[[Page 1573]]
(2) in paragraph (7)(A), by striking ``Except as provided
in subparagraph (C), private'' and inserting ``Private''.
(b) Service Institutions.--Section 13(b) of the Act is
amended by striking ``(b)(1)'' and all that follows through
the end of paragraph (1) and inserting the following:
``(b) Service Institutions.--
``(1) Payments.--
``(A) In general.--Except as otherwise provided in this
paragraph, payments to service institutions shall equal the
full cost of food service operations (which cost shall
include the costs of obtaining, preparing, and serving food,
but shall not include administrative costs).
``(B) Maximum amounts.--Subject to subparagraph (C),
payments to any institution under subparagraph (A) shall not
exceed--
``(i) $2.00 for each lunch and supper served;
``(ii) $1.20 for each breakfast served; and
``(iii) 50 cents for each meal supplement served.
``(C) Adjustments.--Amounts specified in subparagraph (B)
shall be adjusted each January 1 to the nearest lower cent
increment in accordance with the changes for the 12-month
period ending the preceding November 30 in the series for
food away from home of the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor. Each adjustment shall be based on the
unrounded adjustment for the prior 12-month period.''.
(c) Administration of Service Institutions.--Section
13(b)(2) of the Act is amended--
(1) in the first sentence, by striking ``four meals'' and
inserting ``3 meals, or 2 meals and 1 supplement,''; and
(2) by striking the second sentence.
(d) Reimbursements.--Section 13(c)(2) of the Act is
amended--
(1) by striking subparagraph (A);
(2) in subparagraph (B)--
(A) in the first sentence--
(i) by striking ``, and such higher education
institutions,''; and
(ii) by striking ``without application'' and inserting
``upon showing residence in areas in which poor economic
conditions exist or on the basis of income eligibility
statements for children enrolled in the program''; and
(B) by adding at the end the following: ``The higher
education institutions referred to in the preceding sentence
shall be eligible to participate in the program under this
paragraph without application.'';
(3) in subparagraph (C)(ii), by striking ``severe need'';
and
(4) by redesignating subparagraphs (B) through (E), as so
amended, as subparagraphs (A) through (D), respectively.
(e) Advance Program Payments.--Section 13(e)(1) of the Act
is amended--
(1) by striking ``institution: Provided, That (A) the'' and
inserting ``institution. The'';
(2) by inserting ``(excluding a school)'' after ``any
service institution''; and
(3) by striking ``responsibilities, and (B) no'' and
inserting ``responsibilities. No''.
(f) Food Requirements.--Section 13(f) of the Act is
amended--
(1) by redesignating the first through seventh sentences as
paragraphs (1) through (7), respectively;
(2) by striking paragraph (3), as redesignated by paragraph
(1);
(3) in paragraph (4), as redesignated by paragraph (1), by
striking ``the first sentence'' and inserting ``paragraph
(1)'';
(4) in paragraph (6), as redesignated by paragraph (1), by
striking ``that bacteria levels'' and all that follows
through the period at the end and inserting ``conformance
with standards set by local health authorities.''; and
(5) by redesignating paragraphs (4) through (7), as
redesignated by paragraph (1), as paragraphs (3) through (6),
respectively.
(g) Permitting Offer Versus Serve.--Section 13(f) of the
Act, as amended by subsection (f), is further amended by
adding at the end the following:
``(7) Offer versus serve.--A school food authority
participating as a service institution may permit a child
attending a site on school premises operated directly by the
authority to refuse not more than 1 item of a meal that the
child does not intend to consume. A refusal of an offered
food item shall not affect the amount of payments made under
this section to a school for the meal.''.
(h) Health Department Inspections.--Section 13(k) of the
Act is amended by striking paragraph (3).
(i) Food Service Management Companies.--Section 13(l) of
the Act is amended--
(1) by striking paragraph (4);
(2) in paragraph (5), by striking the first sentence; and
(3) by redesignating paragraph (5), as so amended, as
paragraph (4).
(j) Records.--The second sentence of section 13(m) of the
Act is amended by striking ``at all times be available'' and
inserting ``be available at any reasonable time''.
(k) Removing Mandatory Notice to Institutions.--Section
13(n)(2) of the Act is amended by striking ``, and its plans
and schedule for informing service institutions of the
availability of the program''.
(l) Plan.--Section 13(n) of the Act is amended--
(1) in paragraph (2), by striking ``including the State's
methods of assessing need'';
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ``and schedule''; and
(4) by redesignating paragraphs (4) through (7), as so
amended, as paragraphs (3) through (6), respectively.
(m) Monitoring and Training.--Section 13(q) of the Act is
amended--
(1) by striking paragraphs (2) and (4);
(2) in paragraph (3), by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph (1)''; and
(3) by redesignating paragraph (3), as so amended, as
paragraph (2).
(n) Expired Program.--Section 13 of the Act is amended--
(1) by striking subsection (p); and
(2) by redesignating subsections (q) and (r), as so
amended, as subsections (p) and (q), respectively.
(o) Effective Date.--The amendments made by subsection (b)
shall become effective on January 1, 1996.
SEC. 809. COMMODITY DISTRIBUTION.
(a) Cereal and Shortening in Commodity Donations.--Section
14(b) of the National School Lunch Act (42 U.S.C. 1762a(b))
is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(b) Impact Study and Purchasing Procedures.--Section 14(d)
of the Act is amended by striking the second and third
sentences.
(c) Cash Compensation for Pilot Project Schools.--Section
14(g) of the Act is amended by striking paragraph (3).
(d) State Advisory Council.--Section 14 is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g), as so
amended, as subsections (e) and (f), respectively.
SEC. 810. CHILD CARE FOOD PROGRAM.
(a) Establishment of Program.--Section 17 of the National
School Lunch Act (42 U.S.C. 1766) is amended--
(1) in the section heading, by striking ``and adult''; and
(2) in the first sentence of subsection (a), by striking
``initiate, maintain, and expand'' and inserting ``initiate
and maintain''.
(b) Institutions Providing Child Care.--Section 17(a) of
the Act (42 U.S.C. 1766(a)) is amended--
(1) in the second sentence--
(A) by inserting ``the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.) or'' after ``from
amounts granted to the States under''; and
(B) by striking ``(but only if'' and all that follows and
inserting a period; and
(2) in the fourth sentence, by striking ``Reimbursement''
and inserting ``Notwithstanding the type of institution
providing the meal or supplement, reimbursement''.
(c) Payments to Sponsor Employees.--Paragraph (2) of the
last sentence of section 17(a) of the Act (42 U.S.C. 1766(a))
is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) in the case of a family or group day care home
sponsoring organization that employs more than 1 employee,
the organization does not base payments to an employee of the
organization on the number of family or group day care homes
recruited.''.
(d) Technical Assistance.--The last sentence of section
17(d)(1) of the Act is amended by striking ``, and shall
provide technical assistance'' and all that follows through
``its application''.
(e) Improved Targeting of Day Care Home Reimbursements.--
(1) Restructured day care home reimbursements.--Section
17(f)(3) of the Act is amended by striking ``(3)(A)
Institutions'' and all that follows through the end of
subparagraph (A) and inserting the following:
``(3) Reimbursement of family or group day care home
sponsoring organizations.--
``(A) Reimbursement factor.--
``(i) In general.--An institution that participates in the
program under this section as a family or group day care home
sponsoring organization shall be provided, for payment to a
home sponsored by the organization, reimbursement factors in
accordance with this subparagraph for the cost of obtaining
and preparing food and prescribed labor costs involved in
providing meals under this section.
``(ii) Tier i family or group day care homes.--
``(I) Definition.--In this paragraph, the term `tier I
family or group day care home' means--
``(aa) a family or group day care home that is located in a
geographic area, as defined by the Secretary based on census
data, in which at least 50 percent of the children residing
in the area are members of households whose incomes meet the
income eligibility guidelines for free or reduced price meals
under section 9;
``(bb) a family or group day care home that is located in
an area served by a school enrolling elementary students in
which at least 50 percent of the total number of children
enrolled are certified eligible to receive free or reduced
price school meals under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); or
``(cc) a family or group day care home that is operated by
a provider whose household meets the income eligibility
guidelines for free or reduced price meals under section 9
and whose income is verified by the sponsoring or
organization of the home under regulations established by the
Secretary.
``(II) Reimbursement.--Except as provided in subclause
(III), a tier I family or group day care home shall be
provided reimbursement factors under this clause without a re
[[Page 1574]]
quirement for documentation of the costs described in clause
(i), except that reimbursement shall not be provided under
this subclause for meals or supplements served to the
children of a person acting as a family or group day care
home provider unless the children meet the income eligibility
guidelines for free or reduced price meals under section 9.
``(III) Factors.--Except as provided in subclause (IV), the
reimbursement factors applied to a home referred to in
subclause (II) shall be the factors in effect on the date of
enactment of this subclause.
``(IV) Adjustments.--The reimbursement factors under this
subparagraph shall be adjusted on August 1, 1996, July 1,
1997, and each July 1 thereafter, to reflect changes in the
Consumer Price Index for food at home for the most recent 12-
month period for which the data are available. The
reimbursement factors under this subparagraph shall be
rounded to the nearest lower cent increment and based on the
unrounded adjustment in effect on June 30 of the preceding
school year.
``(iii) Tier ii family or group day care homes.--
``(I) In general.--
``(aa) Factors.--Except as provided in subclause (II), with
respect to meals or supplements served under this clause by a
family or group day care home that does not meet the criteria
set forth in clause (ii)(I), the reimbursement factors shall
be $1.00 for lunches and suppers, 30 cents for breakfasts,
and 15 cents for supplements.
``(bb) Adjustments.--The factors shall be adjusted on July
1, 1997, and each July 1 thereafter, to reflect changes in
the Consumer Price Index for food at home for the most recent
12-month period for which the data are available. The
reimbursement factors under this item shall be rounded down
to the nearest lower cent increment and based on the
unrounded adjustment for the preceding 12-month period.
``(cc) Reimbursement.--A family or group day care home
shall be provided reimbursement factors under this subclause
without a requirement for documentation of the costs
described in clause (i), except that reimbursement shall not
be provided under this subclause for meals or supplements
served to the children of a person acting as a family or
group day care home provider unless the children meet the
income eligibility guidelines for free or reduced price meals
under section 9.
``(II) Other factors.--A family or group day care home that
does not meet the criteria set forth in clause (ii)(I) may
elect to be provided reimbursement factors determined in
accordance with the following requirements:
``(aa) Children eligible for free or reduced price meals.--
In the case of meals or supplements served under this
subsection to children who are members of households whose
incomes meet the income eligibility guidelines for free or
reduced price meals under section 9, the family or group day
care home shall be provided reimbursement factors set by the
Secretary in accordance with clause (ii)(III).
``(bb) Ineligible children.--In the case of meals or
supplements served under this subsection to children who are
members of households whose incomes do not meet the income
eligibility guidelines, the family or group day care home
shall be provided reimbursement factors in accordance with
subclause (I).
``(III) Information and determinations.--
``(aa) In general.--If a family or group day care home
elects to claim the factors described in subclause (II), the
family or group day care home sponsoring organization serving
the home shall collect the necessary income information, as
determined by the Secretary, from any parent or other
caretaker to make the determinations specified in subclause
(II) and shall make the determinations in accordance with
rules prescribed by the Secretary.
``(bb) Categorical eligibility.--In making a determination
under item (aa), a family or group day care home sponsoring
organization may consider a child participating in or
subsidized under, or a child with a parent participating in
or subsidized under, a federally or State supported child
care or other benefit program with an income eligibility
limit that does not exceed the eligibility standard for free
or reduced price meals under section 9 to be a child who is a
member of a household whose income meets the income
eligibility guidelines under section 9.
``(cc) Factors for children only.--A family or group day
care home may elect to receive the reimbursement factors
prescribed under clause (ii)(III) solely for the children
participating in a program referred to in item (bb) if the
home elects not to have income statements collected from
parents or other caretakers.
``(IV) Simplified meal counting and reporting procedures.--
The Secretary shall prescribe simplified meal counting and
reporting procedures for use by a family or group day care
home that elects to claim the factors under subclause (II)
and by a family or group day care home sponsoring
organization that sponsors the home. The procedures the
Secretary prescribes may include 1 or more of the following:
``(aa) Setting an annual percentage for each home of the
number of meals served that are to be reimbursed in
accordance with the reimbursement factors prescribed under
clause (ii)(III) and an annual percentage of the number of
meals served that are to be reimbursed in accordance with the
reimbursement factors prescribed under subclause (I), based
on the family income of children enrolled in the home in a
specified month or other period.
``(bb) Placing a home into 1 of 2 or more reimbursement
categories annually based on the percentage of children in
the home whose households have incomes that meet the income
eligibility guidelines under section 9, with each such
reimbursement category carrying a set of reimbursement
factors such as the factors prescribed under clause (ii)(III)
or subclause (I) or factors established within the range of
factors prescribed under clause (ii)(III) and subclause (I).
``(cc) Such other simplified procedures as the Secretary
may prescribe.
``(V) Minimum verification requirements.--The Secretary may
establish any necessary minimum verification requirements.''.
(2) Grants to states to provide assistance to family or
group day care homes.--Section 17(f)(3) of the Act is amended
by adding at the end the following:
``(D) Grants to states to provide assistance to family or
group day care homes.--
``(i) In general.--
``(I) Reservation.--From amounts made available to carry
out this section, the Secretary shall reserve $5,000,000 of
the amount made available for fiscal year 1996.
``(II) Purpose.--The Secretary shall use the funds made
available under subclause (I) to provide grants to States for
the purpose of providing--
``(aa) assistance, including grants, to family and day care
home sponsoring organizations and other appropriate
organizations, in securing and providing training, materials,
automated data processing assistance, and other assistance
for the staff of the sponsoring organizations; and
``(bb) training and other assistance to family and group
day care homes in the implementation of the amendment to
subparagraph (A) made by section 808(d)(1) of the Personal
Responsibility and Work Opportunity Act of 1996.
``(ii) Allocation.--The Secretary shall allocate from the
funds reserved under clause (i)(I)--
``(I) $30,000 in base funding to each State; and
``(II) any remaining amount among the States, based on the
number of family day care homes participating in the program
in a State during fiscal year 1994 as a percentage of the
number of all family day care homes participating in the
program during fiscal year 1994.
``(iii) Retention of funds.--Of the amount of funds made
available to a State for fiscal year 1996 under clause (i),
the State may retain not to exceed 30 percent of the amount
to carry out this subparagraph.
``(iv) Additional payments.--Any payments received under
this subparagraph shall be in addition to payments that a
State receives under subparagraph (A).''.
(3) Provision of data.--Section 17(f)(3) of the Act, as
amended by paragraph (2), is further amended by adding at the
end the following:
``(E) Provision of data to family or group day care home
sponsoring organizations.--
``(i) Census data.--The Secretary shall provide to each
State agency administering a child care food program under
this section data from the most recent decennial census
survey or other appropriate census survey for which the data
are available showing which areas in the State meet the
requirements of subparagraph (A)(ii)(I)(aa). The State agency
shall provide the data to family or group day care home
sponsoring organizations located in the State.
``(ii) School data.--
``(I) In general.--A State agency administering the school
lunch program under this Act or the school breakfast program
under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) shall provide to approved family or group day care home
sponsoring organizations a list of schools serving elementary
school children in the State in which not less than \1/2\ of
the children enrolled are certified to receive free or
reduced price meals. The State agency shall collect the data
necessary to create the list annually and provide the list on
a timely basis to any approved family or group day care home
sponsoring organization that requests the list.
``(II) Use of data from preceding school year.--In
determining for a fiscal year or other annual period whether
a home qualifies as a tier I family or group day care home
under subparagraph (A)(ii)(I), the State agency administering
the program under this section, and a family or group day
care home sponsoring organization, shall use the most current
available data at the time of the determination.
``(iii) Duration of determination.--For purposes of this
section, a determination that a family or group day care home
is located in an area that qualifies the home as a tier I
family or group day care home (as the term is defined in
subparagraph (A)(ii)(I)), shall be in effect for 3 years
(unless the determination is made on the basis of census
data, in which case the determination shall remain in effect
until more recent census data are available) unless the State
agency determines that the area in which the home is located
no longer qualifies the home as a tier I family or group day
care home.''.
(4) Conforming amendments.--Section 17(c) of the Act is
amended by inserting ``except as provided in subsection
(f)(3),'' after ``For purposes of this section,'' each place
it appears in paragraphs (1), (2), and (3).
[[Page 1575]]
(f) Reimbursement.--Section 17(f) of the Act is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking the third and fourth
sentences; and
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``(i)'';
(II) in the first sentence, by striking ``and expansion
funds'' and all that follows through ``rural areas'';
(III) by striking the second sentence; and
(IV) by striking ``and expansion funds'' each place it
appears; and
(ii) by striking clause (ii); and
(2) by striking paragraph (4).
(g) Nutritional Requirements.--Section 17(g)(1) of the Act
is amended--
(1) in subparagraph (A), by striking the second sentence;
and
(2) in subparagraph (B), by striking the second sentence.
(h) Elimination of State Paperwork and Outreach Burden.--
Section 17 of the Act is amended by striking subsection (k)
and inserting the following:
``(k) Training and Technical Assistance.--A State
participating in the program established under this section
shall provide sufficient training, technical assistance, and
monitoring to facilitate effective operation of the program.
The Secretary shall assist the State in developing plans to
fulfill the requirements of this subsection.''.
(i) Records.--The second sentence of section 17(m) of the
Act is amended by striking ``at all times'' and inserting
``at any reasonable time''.
(j) Modification of Adult Care Food Program.--Section 17(o)
of the Act is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``adult day care centers'' and inserting
``day care centers for chronically impaired disabled
persons''; and
(B) by striking ``to persons 60 years of age or older or'';
and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``adult day care center'' and inserting
``day care center for chronically impaired disabled
persons''; and
(ii) in clause (i)--
(I) by striking ``adult'';
(II) by striking ``adults'' and inserting ``persons''; and
(III) by striking ``or persons 60 years of age or older'';
and
(B) in subparagraph (B), by striking ``adult day care
services'' and inserting ``day care services for chronically
impaired disabled persons''.
(k) Unneeded Provision.--Section 17 of the Act is amended
by striking subsection (q).
(l) Conforming Amendments.--
(1) Section 17B(f) of the Act (42 U.S.C. 1766b(f)) is
amended--
(A) in the subsection heading, by striking ``and Adult'';
and
(B) in paragraph (1), by striking ``and adult''.
(2) Section 18(e)(3)(B) of the Act (42 U.S.C.
1769(e)(3)(B)) is amended by striking ``and adult''.
(3) Section 25(b)(1)(C) of the Act (42 U.S.C.
1769f(b)(1)(C)) is amended by striking ``and adult''.
(4) Section 3(1) of the Healthy Meals for Healthy Americans
Act of 1994 (Public Law 103-448) is amended by striking ``and
adult''.
(m) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall become effective on the
date of enactment of this Act.
(2) Improved targeting of day care home reimbursements.--
The amendments made by paragraphs (1), (3), and (4) of
subsection (f) shall become effective on August 1, 1996.
(3) Regulations.--
(A) Interim regulations.--Not later than February 1, 1996,
the Secretary shall issue interim regulations to implement--
(i) the amendments made by paragraphs (1), (3), and (4) of
subsection (f); and
(ii) section 17(f)(3)(C) of the National School Lunch Act
(42 U.S.C. 1766(f)(3)(C)).
(B) Final regulations.--Not later than August 1, 1996, the
Secretary shall issue final regulations to implement the
provisions of law referred to in subparagraph (A).
(n) Study of Impact of Amendments on Program Participation
and Family Day Care Licensing.--
(1) In general.--The Secretary of Agriculture, in
conjunction with the Secretary of Health and Human Services,
shall study the impact of the amendments made by this section
on--
(A) the number of family day care homes participating in
the child care food program established under section 17 of
the National School Lunch Act (42 U.S.C. 1766);
(B) the number of day care home sponsoring organizations
participating in the program;
(C) the number of day care homes that are licensed,
certified, registered, or approved by each State in
accordance with regulations issued by the Secretary;
(D) the rate of growth of the numbers referred to in
subparagraphs (A) through (C);
(E) the nutritional adequacy and quality of meals served in
family day care homes that--
(i) received reimbursement under the program prior to the
amendments made by this section but do not receive
reimbursement after the amendments made by this section; or
(ii) received full reimbursement under the program prior to
the amendments made by this section but do not receive full
reimbursement after the amendments made by this section; and
(F) the proportion of low-income children participating in
the program prior to the amendments made by this section and
the proportion of low-income children participating in the
program after the amendments made by this section.
(2) Required data.--Each State agency participating in the
child care food program under section 17 of the National
School Lunch Act (42 U.S.C. 1766) shall submit to the
Secretary data on--
(A) the number of family day care homes participating in
the program on July 31, 1996, and July 31, 1997;
(B) the number of family day care homes licensed,
certified, registered, or approved for service on July 31,
1996, and July 31, 1997; and
(C) such other data as the Secretary may require to carry
out this subsection.
(3) Submission of report.--Not later than 2 years after the
effective date of this section, the Secretary shall submit
the study required under this subsection to the Committee on
Economic and Educational Opportunities of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 811. PILOT PROJECTS.
(a) Universal Free Pilot.--Section 18(d) of the National
School Lunch Act (42 U.S.C. 1769(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Demo Project Outside School Hours.--Section 18(e) of
the Act is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``(A)''; and
(ii) by striking ``shall'' and inserting ``may''; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (5) and inserting the following:
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 1997 and
1998.''.
(c) Eliminating Projects.--Section 18 of the Act is
amended--
(1) by striking subsections (a) and (g) through (i); and
(2) by redesignating subsections (b) through (f), as so
amended, as subsections (a) through (e), respectively.
(d) Conforming Amendment.--Section 17B(d)(1)(A) of the Act
(42 U.S.C. 1766b(d)(1)(A)) is amended by striking ``18(c)''
and inserting ``18(b)''.
SEC. 812. REDUCTION OF PAPERWORK.
Section 19 of the National School Lunch Act (42 U.S.C.
1769a) is repealed.
SEC. 813. INFORMATION ON INCOME ELIGIBILITY.
Section 23 of the National School Lunch Act (42 U.S.C.
1769d) is repealed.
SEC. 814. NUTRITION GUIDANCE FOR CHILD NUTRITION PROGRAMS.
Section 24 of the National School Lunch Act (42 U.S.C.
1769e) is repealed.
SEC. 815. INFORMATION CLEARINGHOUSE.
Section 26 of the National School Lunch Act (42 U.S.C.
1769g) is repealed.
Subtitle B--Child Nutrition Act of 1966
SEC. 821. SPECIAL MILK PROGRAM.
(a) Definition.--Section 3(a)(3) of the Child Nutrition Act
of 1966 (42 U.S.C. 1772(a)(3)) is amended by striking ``the
Trust Territory of the Pacific Islands'' and inserting ``the
Commonwealth of the Northern Mariana Islands''.
(b) Adjustments to Reimbursements.--
(1) In general.--Section 3(a) of the Act is amended by
striking paragraph (8) and inserting the following:
``(8) Adjustments.--
``(A) In general.--Except as otherwise provided in this
paragraph, in the case of each school year, the Secretary
shall--
``(i) base the adjustment made under paragraph (7) on the
amount of the unrounded adjustment for the preceding school
year;
``(ii) adjust the resulting amount in accordance with
paragraph (7); and
``(iii) round the result to the nearest lower cent
increment.
``(B) Adjustment for 12-month period beginning july 1,
1996.--In the case of the 12-month period beginning July 1,
1996, the minimum rate shall be the same as the minimum rate
in effect on June 30, 1996, rounded to the nearest lower cent
increment.
``(C) Adjustment for school year beginning july 1, 1997.--
In the case of the school year beginning July 1, 1997, the
Secretary shall--
``(i) base the adjustment made under paragraph (7) on the
amount of the unrounded adjustment for the minimum rate for
the school year beginning July 1, 1996;
``(ii) adjust the resulting amount to reflect changes in
the Producer Price Index for Fresh Processed Milk published
by the Bureau of Labor Statistics of the Department of Labor
for the most recent 12-month period for which the data are
available; and
``(iii) round the result to the nearest lower cent
increment.''.
(2) Effective date.--The amendment made by paragraph (1)
shall become effective on July 1, 1996.
SEC. 822. REIMBURSEMENT RATES FOR FREE AND REDUCED PRICE
BREAKFASTS.
(a) In General.--Section 4(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(b)) is amended--
(1) in paragraph (1)(B)--
(A) in the first sentence, by striking ``section 11(a)''
and inserting ``subparagraphs (B) through (D) of section
11(a)(3)''; and
[[Page 1576]]
(B) in the second sentence, by striking ``, adjusted to the
nearest one-fourth cent'' and inserting ``(as adjusted
pursuant to subparagraphs (B) through (D) of section 11(a)(3)
of the National School Lunch Act (42 U.S.C. 1759a(a)(3)))'';
and
(2) in paragraph (2)(B)(ii)--
(A) by striking ``nearest one-fourth cent'' and inserting
``nearest lower cent increment for the applicable school
year''; and
(B) by inserting before the period at the end the
following: ``, and the adjustment required by this clause
shall be based on the unrounded adjustment for the preceding
school year''.
(b) Effective Date.--The amendments made by subsection (a)
shall become effective on July 1, 1996.
SEC. 823. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 4(b)(1) of the Child Nutrition Act of 1966 (42
U.S.C. 1773(b)(1)) is amended by adding at the end the
following:
``(E) Free and reduced price policy statement.--After the
initial submission, a school shall not be required to submit
a free and reduced price policy statement to a State
educational agency under this Act unless there is a
substantive change in the free and reduced price policy of
the school. A routine change in the policy of a school, such
as an annual adjustment of the income eligibility guidelines
for free and reduced price meals, shall not be sufficient
cause for requiring the school to submit a policy
statement.''.
SEC. 824. SCHOOL BREAKFAST PROGRAM AUTHORIZATION.
(a) Training and Technical Assistance in Food
Preparation.--Section 4(e)(1) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(e)(1)) is amended--
(1) in subparagraph (A), by striking ``(A)''; and
(2) by striking subparagraph (B).
(b) Expansion of Program; Startup and Expansion Costs.--
(1) In general.--Section 4 of the Act is amended by
striking subsections (f) and (g).
(2) Effective date.--The amendments made by paragraph (1)
shall become effective on October 1, 1996.
SEC. 825. STATE ADMINISTRATIVE EXPENSES.
(a) Use of Funds for Commodity Distribution Administration;
Studies.--Section 7 of the Child Nutrition Act of 1966 (42
U.S.C. 1776) is amended--
(1) by striking subsections (e) and (h); and
(2) by redesignating subsections (f), (g), and (i) as
subsections (e), (f), and (g), respectively.
(b) Approval of Changes.--Section 7(e) of the Act, as so
redesignated, is amended--
(1) by striking ``each year an annual plan'' and inserting
``the initial fiscal year a plan''; and
(2) by adding at the end the following: ``After submitting
the initial plan, a State shall only be required to submit to
the Secretary for approval a substantive change in the
plan.''.
SEC. 826. REGULATIONS.
Section 10 of the Child Nutrition Act of 1966 (42 U.S.C.
1779) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``(1)''; and
(B) by striking paragraphs (2) through (4); and
(2) in subsection (c)--
(A) by striking ``may'' and inserting ``shall'';
(B) by inserting ``, except the program authorized under
section 17,'' after ``under this Act''; and
(C) by adding at the end the following: ``Such regulations
shall prohibit the transfer of funds that are used to support
meals served to children with incomes below the income
eligibility criteria for free or reduced price meals, as
provided in section 9(b) of the National School Lunch Act.''.
SEC. 827. PROHIBITIONS.
Section 11(a) of the Child Nutrition Act of 1966 (42 U.S.C.
1780(a)) is amended by striking ``neither the Secretary nor
the State shall'' and inserting ``the Secretary shall not''.
SEC. 828. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C.
1784) is amended--
(1) in paragraph (1), by striking ``the Trust Territory of
the Pacific Islands'' and inserting ``the Commonwealth of the
Northern Mariana Islands''; and
(2) in the first sentence of paragraph (3)--
(A) in subparagraph (A), by inserting ``and'' at the end;
and
(B) by striking ``, and (C)'' and all that follows through
``Governor of Puerto Rico''.
SEC. 829. ACCOUNTS AND RECORDS.
The second sentence of section 16(a) of the Child Nutrition
Act of 1966 (42 U.S.C. 1785(a)) is amended by striking ``at
all times be available'' and inserting ``be available at any
reasonable time''.
SEC. 830. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN.
(a) Definitions.--Section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)) is amended--
(1) in paragraph (15)(B)(iii), by inserting ``of not more
than 90 days'' after ``accommodation''; and
(2) in paragraph (16)--
(A) in subparagraph (A), by adding ``and'' at the end; and
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(b) Secretary's Promotion of WIC.--Section 17(c) of the Act
is amended by striking paragraph (5).
(c) Eligible Participants.--Section 17(d) of the Act is
amended by striking paragraph (4).
(d) Nutrition Education and Drug Abuse Education.--Section
17(e) of the Act is amended--
(1) in the first sentence of paragraph (1), by striking
``shall ensure'' and all that follows through ``is provided''
and inserting ``shall provide nutrition education and may
provide drug abuse education'';
(2) in paragraph (2), by striking the third sentence;
(3) by striking paragraph (4) and inserting the following:
``(4) Information.--The State agency may provide a local
agency with materials describing other programs for which
participants in the program may be eligible.'';
(4) in paragraph (5), by striking ``The State'' and all
that follows through ``local agency shall'' and inserting ``A
local agency may''; and
(5) by striking paragraph (6).
(e) State Plan.--Section 17(f) of the Act is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``annually to the Secretary, by a date
specified by the Secretary, a'' and inserting ``to the
Secretary, by a date specified by the Secretary, an
initial''; and
(ii) by adding at the end the following: ``After submitting
the initial plan, a State shall only be required to submit to
the Secretary for approval a substantive change in the
plan.'';
(B) in subparagraph (C)--
(i) by striking clause (iii) and inserting the following:
``(iii) a plan to coordinate operations under the program
with other services or programs that may benefit participants
in, and applicants for, the program;'';
(ii) in clause (vi), by inserting after ``in the State''
the following: ``(including a plan to improve access to the
program for participants and prospective applicants who are
employed, or who reside in rural areas)'';
(iii) by striking clauses (vii), (ix), (x), and (xii);
(iv) in clause (xiii), by striking ``may require'' and
inserting ``may reasonably require''; and
(v) by redesignating clauses (viii), (xi), and (xiii), as
so amended, as clauses (vii), (viii), and (ix), respectively;
(C) by striking subparagraph (D); and
(D) by redesignating subparagraph (E) as subparagraph (D);
(2) by striking paragraphs (2), (6), (8), (20), (22), and
(24);
(3) in the second sentence of paragraph (5), by striking
``at all times be available'' and inserting ``be available at
any reasonable time'';
(4) in paragraph (9)(B), by striking the second sentence;
(5) in the first sentence of paragraph (11), by striking
``, including standards that will ensure sufficient State
agency staff'';
(6) in paragraph (12), by striking the third sentence;
(7) in paragraph (14), by striking ``shall'' and inserting
``may'';
(8) in paragraph (17), by striking ``and to accommodate''
and all that follows through ``facilities'';
(9) in paragraph (19), by striking ``shall'' and inserting
``may''; and
(10) by redesignating paragraphs (3), (4), (5), (7), (9)
through (19), (21), and (23), as so amended, as paragraphs
(2), (3), (4), (5), (6) through (16), (17), and (18),
respectively.
(f) Information.--Section 17(g) of the Act is amended--
(1) in paragraph (5), by striking ``the report required
under subsection (d)(4)'' and inserting ``reports on program
participant characteristics''; and
(2) by striking paragraph (6).
(g) Procurement of Infant Formula.--
(1) In general.--Section 17(h) of the Act is amended--
(A) in paragraph (4)(E), by striking ``and, on'' and all
that follows through ``(d)(4)'';
(B) in paragraph (8)--
(i) by striking subparagraphs (A), (C), and (M);
(ii) in subparagraph (G)--
(I) in clause (i), by striking ``(i)''; and
(II) by striking clauses (ii) through (ix);
(iii) in subparagraph (I), by striking ``Secretary--'' and
all that follows through ``(v) may'' and inserting
``Secretary may'';
(iv) by redesignating subparagraphs (B) and (D) through (L)
as subparagraphs (A) and (B) through (J), respectively;
(v) in subparagraph (A)(i), as so redesignated, by striking
``subparagraphs (C), (D), and (E)(iii), in carrying out
subparagraph (A),'' and inserting ``subparagraphs (B) and
(C)(iii),'';
(vi) in subparagraph (B)(i), as so redesignated, by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)''; and
(vii) in subparagraph (C)(iii), as so redesignated, by
striking ``subparagraph (B)'' and inserting ``subparagraph
(A)''; and
(C) in paragraph (10)(A), by striking ``shall'' and
inserting ``may''.
(2) Application.--The amendments made by paragraph (1)
shall not apply to a contract for the procurement of infant
formula under section 17(h)(8) of the Act that is in effect
on the effective date of this subsection.
(h) National Advisory Council on Maternal, Infant, and
Fetal Nutrition.--Section 17(k)(3) of the Act is amended by
striking ``Secretary shall designate'' and inserting
``Council shall elect''.
[[Page 1577]]
(i) Completed Study; Community College Demonstration;
Grants for Information and Data System.--Section 17 of the
Act is amended by striking subsections (n), (o), and (p).
(j) Disqualification of Vendors Who Are Disqualified Under
the Food Stamp Program.--Section 17 of the Act, as so
amended, is further amended by adding at the end the
following:
``(n) Disqualification of Vendors Who Are Disqualified
Under the Food Stamp Program.--
``(1) In general.--The Secretary shall issue regulations
providing criteria for the disqualification under this
section of an approved vendor that is disqualified from
accepting benefits under the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
``(2) Terms.--A disqualification under paragraph (1)--
``(A) shall be for the same period as the disqualification
from the program referred to in paragraph (1);
``(B) may begin at a later date than the disqualification
from the program referred to in paragraph (1); and
``(C) shall not be subject to judicial or administrative
review.''.
SEC. 831. CASH GRANTS FOR NUTRITION EDUCATION.
Section 18 of the Child Nutrition Act of 1966 (42 U.S.C.
1787) is repealed.
SEC. 832. NUTRITION EDUCATION AND TRAINING.
(a) Findings.--Section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1788) is amended--
(1) in subsection (a), by striking ``that--'' and all that
follows through the period at the end and inserting ``that
effective dissemination of scientifically valid information
to children participating or eligible to participate in the
school lunch and related child nutrition programs should be
encouraged.''; and
(2) in subsection (b), by striking ``encourage'' and all
that follows through ``establishing'' and inserting
``establish''.
(b) Use of Funds.--Section 19(f) of the Act is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A)--
(i) by striking ``(A)'';
(ii) by striking clauses (ix) through (xix);
(iii) by redesignating clauses (i) through (viii) and (xx)
as subparagraphs (A) through (H) and (I), respectively; and
(iv) in subparagraph (H), as so redesignated, by inserting
``and'' at the end;
(2) by striking paragraphs (2) and (4); and
(3) by redesignating paragraph (3) as paragraph (2).
(c) Accounts, Records, and Reports.--The second sentence of
section 19(g)(1) of the Act is amended by striking ``at all
times be available'' and inserting ``be available at any
reasonable time''.
(d) State Coordinators for Nutrition; State Plan.--Section
19(h) of the Act is amended--
(1) in the second sentence of paragraph (1)--
(A) by striking ``as provided in paragraph (2) of this
subsection''; and
(B) by striking ``as provided in paragraph (3) of this
subsection'';
(2) in paragraph (2), by striking the second and third
sentences; and
(3) by striking paragraph (3).
(e) Authorization of Appropriations.--Section 19(i) of the
Act is amended--
(1) in the first sentence of paragraph (2)(A), by striking
``and each succeeding fiscal year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Fiscal years 1997 through 2002.--
``(A) In general.--There are authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal
years 1997 through 2002.
``(B) Grants.--
``(i) In general.--Grants to each State from the amounts
made available under subparagraph (A) shall be based on a
rate of 50 cents for each child enrolled in schools or
institutions within the State, except that no State shall
receive an amount less than $75,000 per fiscal year.
``(ii) Insufficient funds.--If the amount made available
for any fiscal year is insufficient to pay the amount to
which each State is entitled under clause (i), the amount of
each grant shall be ratably reduced.''.
(f) Assessment.--Section 19 of the Act is amended by
striking subsection (j).
(g) Effective Date.--The amendments made by subsection (e)
shall become effective on October 1, 1996.
SEC. 833. BREASTFEEDING PROMOTION PROGRAM.
Section 21 of the Child Nutrition Act of 1966 (42 U.S.C.
1790) is repealed.
TITLE IX--FOOD STAMP PROGRAM AND RELATED PROGRAMS
SEC. 901. DEFINITION OF CERTIFICATION PERIOD.
Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended by striking ``Except as provided'' and
all that follows and inserting the following: ``The
certification period shall not exceed 12 months, except that
the certification period may be up to 24 months if all adult
household members are elderly or disabled. A State agency
shall have at least 1 contact with each certified household
every 12 months.''.
SEC. 902. EXPANDED DEFINITION OF ``COUPON''.
Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C.
2012(d)) is amended by striking ``or type of certificate''
and inserting ``type of certificate, authorization cards,
cash or checks issued in lieu of coupons or access devices,
including, but not limited to, electronic benefit transfer
cards and personal identification numbers''.
SEC. 903. TREATMENT OF CHILDREN LIVING AT HOME.
The second sentence of section 3(i) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(i)) is amended by striking ``(who are
not themselves parents living with their children or married
and living with their spouses)''.
SEC. 904. ADJUSTMENT OF THRIFTY FOOD PLAN.
The second sentence of section 3(o) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(o)) is amended--
(1) by striking ``shall (1) make'' and inserting the
following:
``shall--
``(1) make'';
(2) by striking ``scale, (2) make'' and inserting the
following:
``scale;
``(2) make'';
(3) by striking ``Alaska, (3) make'' and inserting the
following:
``Alaska;
``(3) make''; and
(4) by striking ``Columbia, (4) through'' and all that
follows through the end of the subsection and inserting the
following:
``Columbia; and
``(4) on October 1, 1996, and each October 1 thereafter,
adjust the cost of the diet to reflect the cost of the diet,
in the preceding June, and round the result to the nearest
lower dollar increment for each household size, except that
on October 1, 1996, the Secretary may not reduce the cost of
the diet in effect on September 30, 1996.''.
SEC. 905. DEFINITION OF HOMELESS INDIVIDUAL.
Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C.
2012(s)(2)(C)) is amended by inserting ``for not more than 90
days'' after ``temporary accommodation''.
SEC. 906. INCOME EXCLUSIONS.
(a) Exclusion of Certain JTPA Income.--Section 5 of the
Food Stamp Act of 1977 (7 U.S.C. 2014) is amended--
(1) in subsection (d)--
(A) by striking ``and (16)'' and inserting ``(16)''; and
(B) by inserting before the period at the end the
following: ``, and (17) income received under the Job
Training Partnership Act (29 U.S.C. 1501 et seq.) by a
household member who is less than 19 years of age''; and
(2) in subsection (l), by striking ``under section
204(b)(1)(C)'' and all that follows and inserting ``shall be
considered earned income for purposes of the food stamp
program.''.
(b) Exclusion of Life Insurance Policies.--Section 5(g) of
the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by
adding at the end the following:
``(6) The Secretary shall exclude from financial resources
the cash value of any life insurance policy owned by a member
of a household.''.
(c) In-Tandem Exclusions From Income.--Section 5 of the
Food Stamp Act of 1977 (7 U.S.C. 2014) is amended by adding
at the end the following:
``(n) Whenever a Federal statute enacted after the date of
the enactment of this Act excludes funds from income for
purposes of determining eligibility, benefit levels, or both
under State plans approved under part A of title IV of the
Social Security Act, then such funds shall be excluded from
income for purposes of determining eligibility, benefit
levels, or both, respectively, under the food stamp program
of households all of whose members receive benefits under a
State plan approved under part A of title IV of the Social
Security Act.''.
SEC. 907. DEDUCTIONS FROM INCOME.
Section 5(e) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)) is amended--
(1) in the 1st sentence--
(A) by striking ``$85'' and inserting ``$134'';
(B) by striking ``$145, $120, $170, and $75, respectively''
and inserting the following:
``$229, $189, $269, and $118, respectively, for fiscal year
1996; and a standard deduction of $120 a month for each
household, except that households in Alaska, Hawaii, Guam,
and the Virgin Islands of the United States shall be allowed
a standard deduction of $200, $165, $234, and $103,
respectively, for fiscal years thereafter, adjusted in
accordance with this subsection'';
(2) in the 2nd sentence by striking ``Such'' and all that
follows through ``each October 1 thereafter,'' and inserting
``On October 1, 2001, and on each October 1 thereafter, such
standard deductions shall be adjusted'';
(3) by striking the 14th sentence; and
(4) by inserting after the 9th sentence the following:
``A State agency may make use of a standard utility allowance
mandatory for all households with qualifying utility costs if
the State agency has developed 1 or more standards that
include the cost of heating and cooling and 1 or more
standards that do not include the cost of heating and
cooling, and if the Secretary finds that the standards will
not result in an increased cost to the Secretary. A State
agency that has not made the use of a standard utility
allowance mandatory shall allow a household to switch, at the
end of a certification period, between the standard utility
allowance and a deduction based on the actual utility costs
of the household.''.
[[Page 1578]]
SEC. 908. VEHICLE ALLOWANCE.
Section 5(g)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)(2)) is amended to read as follows:
``(2) Included assets.--
``(A) In general.--Subject to the other provisions of this
paragraph, the Secretary shall, in prescribing inclusions in,
and exclusions from, financial resources, follow the
regulations in force as of June 1, 1982 (other than those
relating to licensed vehicles and inaccessible resources).
``(B) Additional included assets.--The Secretary shall
include in financial resources--
``(i) any boat, snowmobile, or airplane used for
recreational purposes;
``(ii) any vacation home;
``(iii) any mobile home used primarily for vacation
purposes;
``(iv) subject to subparagraph (C), any licensed vehicle
that is used for household transportation or to obtain or
continue employment to the extent that the fair market value
of the vehicle exceeds a level set by the Secretary, which
shall be $4,600 beginning October 1, 1995, and adjusted on
each October 1 thereafter to reflect changes in the new car
component of the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics for the 12-month
period ending on June 30 preceding the date of such
adjustment and rounded to the nearest $50; and
``(v) any savings or retirement account (including an
individual account), regardless of whether there is a penalty
for early withdrawal.
``(C) Excluded vehicles.--A vehicle (and any other
property, real or personal, to the extent the property is
directly related to the maintenance or use of the vehicle)
shall not be included in financial resources under this
paragraph if the vehicle is--
``(i) used to produce earned income;
``(ii) necessary for the transportation of a physically
disabled household member; or
``(iii) depended on by a household to carry fuel for
heating or water for home use and provides the primary source
of fuel or water, respectively, for the household.''.
SEC. 909. VENDOR PAYMENTS FOR TRANSITIONAL HOUSING COUNTED AS
INCOME.
Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2014(k)(2)) is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (F) and (G), respectively.
SEC. 910. INCREASED PENALTIES FOR VIOLATING FOOD STAMP
PROGRAM REQUIREMENTS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2015(b)(1)) is amended--
(1) in clause (i)--
(A) by striking ``six months'' and inserting ``1 year'';
and
(B) by adding ``and'' at the end; and
(2) striking clauses (ii) and (iii) and inserting the
following:
``(ii) permanently upon--
``(I) the second occasion of any such determination; or
``(II) the first occasion of a finding by a Federal, State,
or local court of the trading of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), firearms, ammunition, or explosives for
coupons.''.
SEC. 911. DISQUALIFICATION OF CONVICTED INDIVIDUALS.
Section 6(b)(1)(ii) of the Food Stamp Act of 1977 (7 U.S.C.
2015(b)(1)(iii)), as amended by section 910, is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after subclause (II) the following:
``(IV) a conviction of an offense under subsection (b) or
(c) of section 15 involving an item covered by subsection (b)
or (c) of section 15 having a value of $500 or more.''.
SEC. 912. DISQUALIFICATION.
(a) In General.--Section 6(d) of the Food Stamp Act of 1977
(7 U.S.C. 2015(d)) is amended by striking ``(d)(1) Unless
otherwise exempted by the provisions'' and all that follows
through paragraph (1) and inserting the following:
``(d) Conditions of Participation.--
``(1) Work requirements.--
``(A) In general.--No physically and mentally fit
individual over the age of 15 and under the age of 60 shall
be eligible to participate in the food stamp program if the
individual--
``(i) refuses, at the time of application and every 12
months thereafter, to register for employment in a manner
prescribed by the Secretary;
``(ii) refuses without good cause to participate in an
employment and training program under paragraph (4), to the
extent required by the State agency;
``(iii) refuses without good cause to accept an offer of
employment, at a site or plant not subject to a strike or
lockout at the time of the refusal, at a wage not less than
the higher of--
``(I) the applicable Federal or State minimum wage; or
``(II) 80 percent of the wage that would have governed had
the minimum hourly rate under section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been
applicable to the offer of employment;
``(iv) refuses without good cause to provide a State agency
with sufficient information to allow the State agency to
determine the employment status or the job availability of
the individual;
``(v) voluntarily and without good cause--
``(I) quits a job; or
``(II) reduces work effort and, after the reduction, the
individual is working less than 30 hours per week; or
``(vi) fails to comply with section 20.
``(B) Household ineligibility.--If an individual who is the
head of a household becomes ineligible to participate in the
food stamp program under subparagraph (A), the household
shall, at the option of the State agency, become ineligible
to participate in the food stamp program for a period,
determined by the State agency, that does not exceed the
lesser of--
``(i) the duration of the ineligibility of the individual
determined under subparagraph (C); or
``(ii) 180 days.
``(C) Duration of ineligibility.--
``(i) First violation.--The first time that an individual
becomes ineligible to participate in the food stamp program
under subparagraph (A), the individual shall remain
ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 1 month after the date the
individual became ineligible; or
``(III) a date determined by the State agency that is not
later than 3 months after the date the individual became
ineligible.
``(ii) Second violation.--The second time that an
individual becomes ineligible to participate in the food
stamp program under subparagraph (A), the individual shall
remain ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 3 months after the date the
individual became ineligible; or
``(III) a date determined by the State agency that is not
later than 6 months after the date the individual became
ineligible.
``(iii) Third or subsequent violation.--The third or
subsequent time that an individual becomes ineligible to
participate in the food stamp program under subparagraph (A),
the individual shall remain ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 6 months after the date the
individual became ineligible;
``(III) a date determined by the State agency; or
``(IV) at the option of the State agency, permanently.
``(D) Administration.--
``(i) Good cause.--The Secretary shall determine the
meaning of good cause for the purpose of this paragraph.
``(ii) Voluntary quit.--The Secretary shall determine the
meaning of voluntarily quitting and reducing work effort for
the purpose of this paragraph.
``(iii) Determination by state agency.--
``(I) In general.--Subject to subclause (II) and clauses
(i) and (ii), a State agency shall determine--
``(aa) the meaning of any term in subparagraph (A);
``(bb) the procedures for determining whether an individual
is in compliance with a requirement under subparagraph (A);
and
``(cc) whether an individual is in compliance with a
requirement under subparagraph (A).
``(II) Not less restrictive.--A State agency may not
determine a meaning, procedure, or determination under
subclause (I) to be less restrictive than a comparable
meaning, procedure, or determination under a State program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
``(iv) Strike against the government.--For the purpose of
subparagraph (A)(v), an employee of the Federal Government, a
State, or a political subdivision of a State, who is
dismissed for participating in a strike against the Federal
Government, the State, or the political subdivision of the
State shall be considered to have voluntarily quit without
good cause.
``(v) Selecting a head of household.--
``(I) In general.--For the purpose of this paragraph, the
State agency shall allow the household to select any adult
parent of a child in the household as the head of the
household if all adult household members making application
under the food stamp program agree to the selection.
``(II) Time for making designation.--A household may
designate the head of the household under subclause (I) each
time the household is certified for participation in the food
stamp program, but may not change the designation during a
certification period unless there is a change in the
composition of the household.
``(vi) Change in head of household.--If the head of a
household leaves the household during a period in which the
household is ineligible to participate in the food stamp
program under subparagraph (B)--
``(I) the household shall, if otherwise eligible, become
eligible to participate in the food stamp program; and
``(II) if the head of the household becomes the head of
another household, the household that becomes headed by the
individual shall become ineligible to participate in the food
stamp program for the remaining period of ineligibility.''.
(b) Conforming Amendment.--
(1) The second sentence of section 17(b)(2) of the Food
Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by
striking ``6(d)(1)(i)'' and inserting ``6(d)(1)(A)(i)''.
(2) Section 20(f) of the Food Stamp Act of 1977 (7 U.S.C.
2029(f)) is amended to read as follows:
[[Page 1579]]
``(f) Disqualification.--An individual or a household may
become ineligible under section 6(d)(1) to participate in the
food stamp program for failing to comply with this
section.''.
SEC. 913. CARETAKER EXEMPTION.
Section 6(d)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2015(d)(2)(B)) is amended to read as follows: ``(B) a parent
or other member of a household with responsibility for the
care of (i) a dependent child under the age of 6 or any lower
age designated by the State agency that is not under the age
of 1, or (ii) an incapacitated person;''.
SEC. 914. EMPLOYMENT AND TRAINING.
(a) In General.--Section 6(d)(4) of the Food Stamp Act of
1977 (7 U.S.C. 2015(d)(4)) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to which the application''
and all that follows through ``30 days or less'';
(B) in clause (ii), by striking ``but with respect'' and
all that follows through ``child care''; and
(C) in clause (iii), by striking ``, on the basis of'' and
all that follows through ``clause (ii)'' and inserting ``the
exemption continues to be valid'';
(2) in subparagraph (E), by striking the third sentence;
AND
(3) by adding at the end the following:
``(O) Notwithstanding any other provision of this
paragraph, the amount of Federal funds a State agency uses in
any fiscal year after fiscal year 1996 to carry out this
paragraph with respect to individuals who receive benefits
under a State plan approved under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) shall not exceed
the amount of Federal funds the State agency used in fiscal
year 1995 to carry out this paragraph with respect to
individuals who received benefits under such plan.''.
(b) Funding.--Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended by striking ``(h)(1)(A) The
Secretary'' and all that follows through the end of paragraph
(1) and inserting the following:
``(h) Funding of Employment and Training Programs.--
``(1) In general.--
``(A) Amounts.--To carry out employment and training
programs, the Secretary shall reserve for allocation to State
agencies from funds made available for each fiscal year under
section 18(a)(1) the amount of $150,000,000 for each of the
fiscal years 1996 through 2002.
``(B) Allocation.--The Secretary shall allocate the amounts
reserved under subparagraph (A) among the State agencies
using a reasonable formula (as determined by the Secretary)
that gives consideration to the population in each State
affected by section 6(o).
``(C) Reallocation.--
``(i) Notification.--A State agency shall promptly notify
the Secretary if the State agency determines that the State
agency will not expend all of the funds allocated to the
State agency under subparagraph (B).
``(ii) Reallocation.--On notification under clause (i), the
Secretary shall reallocate the funds that the State agency
will not expend as the Secretary considers appropriate and
equitable.
``(D) Minimum allocation.--Notwithstanding subparagraphs
(A) through (C), the Secretary shall ensure that each State
agency operating an employment and training program shall
receive not less than $50,000 in each fiscal year.''.
(d) Reports.--Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended--
(1) in paragraph (5)--
(A) by striking ``(5)(A) The Secretary'' and inserting
``(5) The Secretary''; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (6).
SEC. 915. COMPARABLE TREATMENT FOR DISQUALIFICATION.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015) is amended by adding at the end the following:
``(i) Comparable Treatment for Disqualification.--
``(1) In general.--If a disqualification is imposed on a
member of a household for a failure of the member to perform
an action required under a Federal, State, or local law
relating to a means-tested public assistance program, the
State agency may impose the same disqualification on the
member of the household under the food stamp program.
``(2) Rules and procedures.--If a disqualification is
imposed under paragraph (1) for a failure of an individual to
perform an action required under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of
title IV of such Act to impose the same disqualification
under the food stamp program.
``(3) Application after disqualification period.--A member
of a household disqualified under paragraph (1) may, after
the disqualification period has expired, apply for benefits
under this Act and shall be treated as a new applicant,
except that a prior disqualification under subsection (d)
shall be considered in determining eligibility.''.
(b) State Plan Provisions.--Section 11(e) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(e)) is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(26) the guidelines the State agency uses in carrying out
section 6(i); and''.
(c) Conforming Amendment.--Section 6(d)(2)(A) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by
striking ``that is comparable to a requirement of paragraph
(1)''.
SEC. 916. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP
BENEFITS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by section 915, is amended by adding at the end the
following:
``(j) Disqualification for Receipt of Multiple Food Stamp
Benefits.--An individual shall be ineligible to participate
in the food stamp program as a member of any household for a
10-year period if the individual is found by a State agency
to have made, or is convicted in a Federal or State court of
having made, a fraudulent statement or representation with
respect to the identity or place of residence of the
individual in order to receive multiple benefits
simultaneously under the food stamp program.''.
SEC. 917. DISQUALIFICATION OF FLEEING FELONS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by sections 915 and 916, is amended by adding at the
end the following:
``(k) Disqualification of Fleeing Felons.--No member of a
household who is otherwise eligible to participate in the
food stamp program shall be eligible to participate in the
program as a member of that or any other household during any
period during which the individual is--
``(1) fleeing to avoid prosecution, or custody or
confinement after conviction, under the law of the place from
which the individual is fleeing, for a crime, or attempt to
commit a crime, that is a felony under the law of the place
from which the individual is fleeing or that, in the case of
New Jersey, is a high misdemeanor under the law of New
Jersey; or
``(2) violating a condition of probation or parole imposed
under a Federal or State law.''.
SEC. 918. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by sections 915, 916, and 917, is amended by adding
at the end the following:
``(l) Custodial Parent's Cooperation With Child Support
Agencies.--
``(1) In general.--At the option of a State agency, subject
to paragraphs (2) and (3), no natural or adoptive parent or
other individual (collectively referred to in this subsection
as `the individual') who is living with and exercising
parental control over a child under the age of 18 who has an
absent parent shall be eligible to participate in the food
stamp program unless the individual cooperates with the State
agency administering the program established under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)--
``(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
``(B) in obtaining support for--
``(i) the child; or
``(ii) the individual and the child.
``(2) Good cause for noncooperation.--Paragraph (1) shall
not apply to the individual if good cause is found for
refusing to cooperate, as determined by the State agency in
accordance with standards prescribed by the Secretary in
consultation with the Secretary of Health and Human Services.
The standards shall take into consideration circumstances
under which cooperation may be against the best interests of
the child.
``(3) Fees.--Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
``(m) Noncustodial Parent's Cooperation With Child Support
Agencies.--
``(1) In general.--At the option of a State agency, subject
to paragraphs (2) and (3), a putative or identified
noncustodial parent of a child under the age of 18 (referred
to in this subsection as `the individual') shall not be
eligible to participate in the food stamp program if the
individual refuses to cooperate with the State agency
administering the program established under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.)--
``(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
``(B) in providing support for the child.
``(2) Refusal to cooperate.--
``(A) Guidelines.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall develop
guidelines on what constitutes a refusal to cooperate under
paragraph (1).
``(B) Procedures.--The State agency shall develop
procedures, using guidelines developed under subparagraph
(A), for determining whether an individual is refusing to
cooperate under paragraph (1).
``(3) Fees.--Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
``(4) Privacy.--The State agency shall provide safeguards
to restrict the use of information collected by a State
agency administering the program established under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)
to purposes for which the information is collected.''.
SEC. 919. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by sections 915, 916, 917 and 918, is amended by
adding at the end the following:
[[Page 1580]]
``(o) Disqualification for Child Support Arrears.--
``(1) In general.--At the option of a State agency, except
as provided in paragraph (2), no individual shall be eligible
to participate in the food stamp program as a member of any
household during any month that the individual is delinquent
in any payment due under a court order for the support of a
child of the individual.
``(2) Exceptions.--Paragraph (1) shall not apply if--
``(A) a court is allowing the individual to delay payment;
or
``(B) the individual is complying with a payment plan
approved by a court or the State agency designated under part
D of title IV of the Social Security Act (42 U.S.C. 651 et
seq.) to provide support for the child of the individual.''.
SEC. 920. WORK REQUIREMENT FOR ABLE-BODIED RECIPIENTS.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015), as amended by sections 915, 916, 917, 918, and
919, is amended by adding at the end the following:
``(p) Work Requirement.--
``(1) Definition of work program.--In this subsection, the
term `work program' means--
``(A) a program under the Job Training Partnership Act (29
U.S.C. 1501 et seq.);
``(B) a program under section 236 of the Trade Act of 1974
(19 U.S.C. 2296); or
``(C) a program of employment or training operated or
supervised by a State or local government, as determined
appropriate by the Secretary.
``(2) Work requirement.--No individual shall be eligible to
participate in the food stamp program as a member of any
household if, during the preceding 12 months, the individual
received food stamp benefits for not less than 6 months
during which the individual did not--
``(A) work 20 hours or more per week, averaged monthly;
``(B) participate in a workfare program under section 20 or
a comparable State or local workfare program;
``(C) participate in and comply with the requirements of an
approved employment and training program under subsection
(d)(4); or
``(D) participate in and comply with the requirements of a
work program for 20 hours or more per week.
``(3) Exception.--Paragraph (2) shall not apply to an
individual if the individual is--
``(A) under 18 or over 50 years of age;
``(B) medically certified as physically or mentally unfit
for employment;
``(C) a parent or other member of a household with a
dependent child under 18 years of age; or
``(D) otherwise exempt under subsection (d)(2).
``(4) Waiver.--
``(A) In general.--The Secretary may waive the
applicability of paragraph (2) to any group of individuals in
the State if the Secretary makes a determination that the
area in which the individuals reside--
``(i) has an unemployment rate of over 8 percent; or
``(ii) does not have a sufficient number of jobs to provide
employment for the individuals.
``(B) Report.--The Secretary shall report the basis for a
waiver under subparagraph (A) to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.''.
(b) Work and Training Programs.--Section 6(d)(4) of the
Food Stamp Act of 1977 (7 U.S.C. 2015(d)(4)) is amended by
adding at the end the following:
``(O) Required participation in work and training
programs.--A State agency shall provide an opportunity to
participate in the employment and training program under this
paragraph to any individual who would otherwise become
subject to disqualification under subsection (p).
``(P) Coordinating work requirements.--
``(i) In general.--Notwithstanding any other provision of
this paragraph, a State agency that meets the participation
requirements of clause (ii) may operate the employment and
training program of the State for individuals who are members
of households receiving allotments under this Act as part of
a program operated by the State under part F of title IV of
the Social Security Act (42 U.S.C. 681 et seq.), subject to
the requirements of such Act.
``(ii) Participation requirements.--A State agency may
exercise the option under clause (i) if the State agency
provides an opportunity to participate in an approved
employment and training program to an individual who is--
``(I) subject to subsection (p);
``(II) not employed at least an average of 20 hours per
week;
``(III) not participating in a workfare program under
section 20 (or a comparable State or local program); and
``(IV) not subject to a waiver under subsection (i)(4).''.
SEC. 921. ENCOURAGE ELECTRONIC BENEFIT TRANSFER SYSTEMS.
(a) In General.--Section 7(i) of the Food Stamp Act of 1977
(7 U.S.C. 2016(i)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Electronic benefit transfers.--
``(A) Implementation.--Each State agency shall implement an
electronic benefit transfer system in which household
benefits determined under section 8(a) or 24 are issued from
and stored in a central databank before October 1, 2002,
unless the Secretary provides a waiver for a State agency
that faces unusual barriers to implementing an electronic
benefit transfer system.
``(B) Timely implementation.--State agencies are encouraged
to implement an electronic benefit transfer system under
subparagraph (A) as soon as practicable.
``(C) State flexibility.--Subject to paragraph (2), a State
agency may procure and implement an electronic benefit
transfer system under the terms, conditions, and design that
the State agency considers appropriate.
``(D) Operation.--An electronic benefit transfer system
should take into account generally accepted standard
operating rules based on--
``(i) commercial electronic funds transfer technology;
``(ii) the need to permit interstate operation and law
enforcement monitoring; and
``(iii) the need to permit monitoring and investigations by
authorized law enforcement agencies.'';
(2) in paragraph (2)--
(A) by striking ``effective no later than April 1, 1992,'';
(B) in subparagraph (A)--
(i) by striking ``, in any 1 year,''; and
(ii) by striking ``on-line'';
(F) by adding at the end the following:
``(I) procurement standards.''; and
(3) by adding at the end the following:
``(7) Replacement of benefits.--Regulations issued by the
Secretary regarding the replacement of benefits and liability
for replacement of benefits under an electronic benefit
transfer system shall be similar to the regulations in effect
for a paper food stamp issuance system.''.
(b) Sense of Congress.--It is the sense of Congress that a
State that operates an electronic benefit transfer system
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)
should operate the system in a manner that is compatible with
electronic benefit transfer systems operated by other States.
SEC. 922. VALUE OF MINIMUM ALLOTMENT.
The proviso in section 8(a) of the Food Stamp Act of 1977
(7 U.S.C. 2017(a)) is amended by striking ``, and shall be
adjusted'' and all that follows through ``$5''.
SEC. 923. BENEFITS ON RECERTIFICATION.
Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)(2)(B)) is amended by striking ``of more than one
month''.
SEC. 924. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED
HOUSEHOLDS.
Section 8(c)(3) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)(3)) is amended to read as follows:
``(3) Optional combined allotment for expedited
households.--A State agency may provide to an eligible
household applying after the 15th day of a month, in lieu of
the initial allotment of the household and the regular
allotment of the household for the following month, an
allotment that is equal to the total amount of the initial
allotment and the first regular allotment. The allotment
shall be provided in accordance with section 11(e)(3) in the
case of a household that is not entitled to expedited service
and in accordance with paragraphs (3) and (9) of section
11(e) in the case of a household that is entitled to
expedited service.''.
SEC. 925. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC
ASSISTANCE PROGRAMS.
Section 8(d) of the Food Stamp Act of 1977 (7 U.S.C.
2017(d)) is amended to read as follows:
``(d) Reduction of Public Assistance Benefits.--
``(1) In general.--If the benefits of a household are
reduced under a Federal, State, or local law relating to a
means-tested public assistance program for the failure of a
member of the household to perform an action required under
the law or program, for the duration of the reduction--
``(A) the household may not receive an increased allotment
as the result of a decrease in the income of the household to
the extent that the decrease is the result of the reduction;
and
``(B) the State agency may reduce the allotment of the
household by not more than 25 percent.
``(2) Rules and procedures.--If the allotment of a
household is reduced under this subsection for a failure to
perform an action required under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of
title IV of such Act to reduce the allotment under the food
stamp program.''.
SEC. 926. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is
amended by adding at the end the following:
``(f) Allotments for Households Residing in Centers.--
``(1) In general.--In the case of an individual who resides
in a center for the purpose of a drug or alcoholic treatment
program described in the last sentence of section 3(i), a
State agency may provide an allotment for the individual to--
``(A) the center as an authorized representative of the
individual for a period that is less than 1 month; and
``(B) the individual, if the individual leaves the center.
``(2) Direct payment.--A State agency may require an
individual referred to in paragraph (1) to designate the
center in which the individual resides as the authorized
representative of the individual for the purpose of receiving
an allotment.''.
[[Page 1581]]
SEC. 927. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(1)) is amended by adding at the end the following:
``The Secretary is authorized to issue regulations
establishing specific time periods during which authorization
to accept and redeem coupons under the food stamp program
shall be valid.''.
SEC. 928. SPECIFIC PERIOD FOR PROHIBITING PARTICIPATION OF
STORES BASED ON LACK OF BUSINESS INTEGRITY.
Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(1)), as amended by section 927, is amended by adding
at the end the following:
``The Secretary is authorized to issue regulations
establishing specific time periods during which a retail food
store or wholesale food concern that has an application for
approval to accept and redeem coupons denied or that has such
an approval withdrawn on the basis of business integrity and
reputation cannot submit a new application for approval. Such
periods shall reflect the severity of business integrity
infractions that are the basis of such denials or
withdrawals.''.
SEC. 929. INFORMATION FOR VERIFYING ELIGIBILITY FOR
AUTHORIZATION.
Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C.
2018(c)) is amended--
(1) in the 1st sentence by inserting ``, which may include
relevant income and sales tax filing documents,'' after
``submit information'' ; and
(2) by inserting after the 1st sentence the following:
``The regulations may require retail food stores and
wholesale food concerns to provide written authorization for
the Secretary to verify all relevant tax filings with
appropriate agencies and to obtain corroborating
documentation from other sources in order that the accuracy
of information provided by such stores and concerns may be
verified.''.
SEC. 930. WAITING PERIOD FOR STORES THAT INITIALLY FAIL TO
MEET AUTHORIZATION CRITERIA.
Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C.
2018(d)) is amended by adding at the end the following:
``Regulations issued pursuant to this Act shall prohibit a
retail food store or wholesale food concern that has an
application for approval to accept and redeem coupons denied
because it does not meet criteria for approval established by
the Secretary in regulations from submitting a new
application for six months from the date of such denial.''.
SEC. 931. OPERATION OF FOOD STAMP OFFICES.
Section 11(e)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(2)) is amended to read as follows:
``(2)(A) that the State agency shall establish procedures
governing the operation of food stamp offices that the State
agency determines best serve households in the State,
including households with special needs, such as households
with elderly or disabled members, households in rural areas
with low-income members, homeless individuals, households
residing on reservations, and households in areas in which a
substantial number of members of low-income households speak
a language other than English.
``(B) In carrying out subparagraph (A), a State agency--
``(i) shall provide timely, accurate, and fair service to
applicants for, and participants in, the food stamp program;
``(ii) shall develop an application containing the
information necessary to comply with this Act;
``(iii) shall permit an applicant household to apply to
participate in the program on the same day that the household
first contacts a food stamp office in person during office
hours;
``(iv) shall consider an application that contains the
name, address, and signature of the applicant to be filed on
the date the applicant submits the application;
``(v) shall require that an adult representative of each
applicant household certify in writing, under penalty of
perjury, that--
``(I) the information contained in the application is true;
and
``(II) all members of the household are citizens or are
aliens eligible to receive food stamps under section 6(f);
``(vi) shall provide a method of certifying and issuing
coupons to eligible homeless individuals, to ensure that
participation in the food stamp program is limited to
eligible households; and
``(vii) may establish operating procedures that vary for
local food stamp offices to reflect regional and local
differences within the State.
``(C) Nothing in this Act shall prohibit the use of
signatures provided and maintained electronically, storage of
records using automated retrieval systems only, or any other
feature of a State agency's application system that does not
rely exclusively on the collection and retention of paper
applications or other records.
``(D) The signature of any adult under this paragraph shall
be considered sufficient to comply with any provision of
Federal law requiring a household member to sign an
application or statement.'';
(2) in the last sentence of subsection (i) by striking
``No'' and inserting ``Other than in a case of
disqualification as a penalty for failure to comply with a
public assistance program rule or regulation, no''.
SEC. 932. MANDATORY CLAIMS COLLECTION METHODS.
(a) Administration.--Section 11(e)(8) of the Food Stamp Act
of 1977 (7 U.S.C. 2020(e)(8)) is amended by inserting ``or
refunds of Federal taxes as authorized pursuant to section
3720A of title 31 of the United States Code'' before the
semicolon at the end.
(b) Collection of Claims.--Section 13(d) of the Food Stamp
Act of 1977 (7 U.S.C. 2022(d)) is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by inserting ``or refunds of Federal taxes as
authorized pursuant to section 3720A of title 31 of the
United States Code'' before the period at the end.
(c) Related Amendments.--Section 6103(1) of the Internal
Revenue Code (26 U.S.C. 6103(1)) is amended--
(1) by striking ``officers and employees'' in paragraph
(10)(A) and inserting ``officers, employees or agents,
including State agencies''; and
(2) by striking ``officers and employees'' in paragraph
(10)(B) and inserting ``officers, employees or agents,
including State agencies''.
SEC. 933. EXCHANGE OF LAW ENFORCEMENT INFORMATION.
Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(8)) is amended--
(1) by striking ``that (A) such'' and inserting the
following:
``that--
``(A) the'';
(2) by striking ``law, (B) notwithstanding'' and inserting
the following:
``law;
``(B) notwithstanding'';
(3) by striking ``Act, and (C) such'' and inserting the
following:
``Act;
``(C) the''; and
(4) by adding at the end the following:
``(D) notwithstanding any other provision of law, the
address, social security number, and, if available,
photograph of any member of a household shall be made
available, on request, to any Federal, State, or local law
enforcement officer if the officer furnishes the State agency
with the name of the member and notifies the agency that--
``(i) the member--
``(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime (or attempt to
commit a crime) that, under the law of the place the member
is fleeing, is a felony (or, in the case of New Jersey, a
high misdemeanor), or is violating a condition of probation
or parole imposed under Federal or State law; or
``(II) has information that is necessary for the officer to
conduct an official duty related to subclause (I);
``(ii) locating or apprehending the member is an official
duty; and
``(iii) the request is being made in the proper exercise of
an official duty; and
``(E) the safeguards shall not prevent compliance with
paragraph (16);''.
SEC. 934. EXPEDITED COUPON SERVICE.
Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(9)) is amended--
(1) in subparagraph (A)--
(A) by striking ``five days'' and inserting ``7 days''; and
(B) by inserting ``and'' at the end;
(2) by striking subparagraph (B);
(3) in subparagraph (D) by striking ``, (B), or (C)'' and
inserting ``or (B)''; and
(4) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
SEC. 935. WITHDRAWING FAIR HEARING REQUESTS.
Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(10)) is amended by inserting before the semicolon at
the end a period and the following: ``At the option of a
State, at any time prior to a fair hearing determination
under this paragraph, a household may withdraw, orally or in
writing, a request by the household for the fair hearing. If
the withdrawal request is an oral request, the State agency
shall provide a written notice to the household confirming
the withdrawal request and providing the household with an
opportunity to request a hearing''.
SEC. 936. INCOME, ELIGIBILITY, AND IMMIGRATION STATUS
VERIFICATION SYSTEMS.
Section 11(e)(19) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(19)) is amended by striking ``that information is''
and inserting ``at the option of the State agency, that
information may be''.
SEC. 937. BASES FOR SUSPENSIONS AND DISQUALIFICATIONS.
Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C.
2021(a)) is amended by adding at the end the following:
``Regulations issued pursuant to this Act shall provide
criteria for the finding of violations and the suspension or
disqualification of a retail food store or wholesale food
concern on the basis of evidence which may include, but is
not limited to, facts established through on-site
investigations, inconsistent redemption data, or evidence
obtained through transaction reports under electronic benefit
transfer systems.''.
SEC. 938. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM
REQUIREMENTS PENDING ADMINISTRATIVE AND
JUDICIAL REVIEW.
(a) Suspension Authority.--Section 12(a) of the Food Stamp
Act of 1977 (7 U.S.C. 2021(a)), as amended by section 937, is
amended by adding at the end the following:
``Such regulations may establish criteria under which the
authorization of a retail food store or wholesale food
concern to accept and redeem coupons may be suspended
[[Page 1582]]
at the time such store or concern is initially found to have
committed violations of program requirements. Such suspension
may coincide with the period of a review as provided in
section 14. The Secretary shall not be liable for the value
of any sales lost during any suspension or disqualification
period.''.
(b) Conforming Amendment.--Section 14(a) of the Food Stamp
Act of 1977 (7 U.S.C. 2023(a)) is amended--
(1) in the 1st sentence by inserting ``suspended,'' before
``disqualified or subjected'';
(2) in the 5th sentence by inserting before the period at
the end the following:
``, except that in the case of the suspension of a retail
food store or wholesale food concern pursuant to section
12(a), such suspension shall remain in effect pending any
administrative or judicial review of the proposed
disqualification action, and the period of suspension shall
be deemed a part of any period of disqualification which is
imposed.''; and
(3) by striking the last sentence.
SEC. 939. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED
FROM THE WIC PROGRAM.
Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is
amended by adding at the end the following:
``(g) The Secretary shall issue regulations providing
criteria for the disqualification of approved retail food
stores and wholesale food concerns that are otherwise
disqualified from accepting benefits under the Special
Supplemental Nutrition Program for Women, Infants and
Children (WIC) authorized under section 17 of the Child
Nutrition Act of 1966. Such disqualification--
``(1) shall be for the same period as the disqualification
from the WIC Program;
``(2) may begin at a later date; and
``(3) notwithstanding section 14 of this Act, shall not be
subject to administrative or judicial review.''.
SEC. 940. PERMANENT DEBARMENT OF RETAILERS WHO INTENTIONALLY
SUBMIT FALSIFIED APPLICATIONS.
Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021),
as amended by section 939, is amended by adding at the end
the following:
``(h) The Secretary shall issue regulations providing for
the permanent disqualification of a retail food store or
wholesale food concern that is determined to have knowingly
submitted an application for approval to accept and redeem
coupons which contains false information about one or more
substantive matters which were the basis for providing
approval. Any disqualification imposed under this subsection
shall be subject to administrative and judicial review
pursuant to section 14, but such disqualification shall
remain in effect pending such review.''.
SEC. 941. EXPANDED CIVIL AND CRIMINAL FORFEITURE FOR
VIOLATIONS OF THE FOOD STAMP ACT.
(a) Forfeiture of Items Exchanged in Food Stamp
Trafficking.--Section 15(g) of the Food Stamp Act of 1977 (7
U.S.C. 2024(g)) is amended by striking ``or intended to be
furnished''.
(b) Civil and Criminal Forfeiture.--Section 15 of the Food
Stamp Act of 1977 (7 U.S.C. 2024)) is amended by adding at
the end the following:
``(h)(1) Civil Forfeiture for Food Stamp Benefit
Violations.--
``(A) Any food stamp benefits and any property, real or
personal--
``(i) constituting, derived from, or traceable to any
proceeds obtained directly or indirectly from, or
``(ii) used, or intended to be used, to commit, or to
facilitate,
the commission of a violation of subsection (b) or subsection
(c) involving food stamp benefits having an aggregate value
of not less than $5,000, shall be subject to forfeiture to
the United States.
``(B) The provisions of chapter 46 of title 18, United
States Code, relating to civil forfeitures shall extend to a
seizure or forfeiture under this subsection, insofar as
applicable and not inconsistent with the provisions of this
subsection.
``(2) Criminal Forfeiture for Food Stamp Benefit
Violations.--
``(A)(i) Any person convicted of violating subsection (b)
or subsection (c) involving food stamp benefits having an
aggregate value of not less than $5,000, shall forfeit to the
United States, irrespective of any State law--
``(I) any food stamp benefits and any property
constituting, or derived from, or traceable to any proceeds
such person obtained directly or indirectly as a result of
such violation; and
``(II) any food stamp benefits and any of such person's
property used, or intended to be used, in any manner or part,
to commit, or to facilitate the commission of such violation.
``(ii) In imposing sentence on such person, the court shall
order that the person forfeit to the United States all
property described in this subsection.
``(B) All food stamp benefits and any property subject to
forfeiture under this subsection, any seizure and disposition
thereof, and any administrative or judicial proceeding
relating thereto, shall be governed by subsections (b), (c),
(e), and (g) through (p) of section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
853), insofar as applicable and not inconsistent with the
provisions of this subsection.
``(3) Applicability.--This subsection shall not apply to
property specified in subsection (g) of this section.
``(4) Rules.--The Secretary may prescribe such rules and
regulations as may be necessary to carry out this
subsection.''.
SEC. 942. EXPANDED AUTHORITY FOR SHARING INFORMATION PROVIDED
BY RETAILERS.
(a) Amendment to Social Security Act.--Section
205(c)(2)(C)(iii) of the Social Security Act (42 U.S.C.
405(c)(2)(C)(iii)), as amended by section 316(a) of the
Social Security Administrative Reform Act of 1994 (Public Law
103-296; 108 Stat. 1464), is amended--
(1) by inserting in the 1st sentence of subclause (II)
after ``instrumentality of the United States'' the following:
``, or State government officers and employees with law
enforcement or investigative responsibilities, or State
agencies that have the responsibility for administering the
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC)'';
(2) by inserting in the last sentence of subclause (II)
immediately after ``other Federal'' the words ``or State'';
and
(3) by inserting ``or a State'' in subclause (III)
immediately after ``United States''.
(b) Amendment to Internal Revenue Code of 1986.--Section
6109(f)(2) of the Internal Revenue Code of 1986 (26 U.S.C.
6109(f)(2)) (as added by section 316(b) of the Social
Security Administrative Reform Act of 1994 (Public Law 103-
296; 108 Stat. 1464)) is amended--
(1) by inserting in subparagraph (A) after
``instrumentality of the United States'' the following: ``,
or State government officers and employees with law
enforcement or investigative responsibilities, or State
agencies that have the responsibility for administering the
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC)'';
(2) in the last sentence of subparagraph (A) by inserting
``or State'' after ``other Federal''; and
(3) in subparagraph (B) by inserting ``or a State'' after
``United States''.
SEC. 943. LIMITATION OF FEDERAL MATCH.
Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)(4)) is amended by inserting after the comma at the
end the following: ``but not including recruitment
activities,''.
SEC. 944. COLLECTION OF OVERISSUANCES.
Section 16(a) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)) is amended by striking ``25 percent during the
period beginning October 1, 1990'' and all that follows
through ``error of a State agency'' and inserting the
following: ``25 percent of the overissuances collected by the
State agency under section 13, except those overissuances
arising from an error of the State agency''.
SEC. 945. STANDARDS FOR ADMINISTRATION.
(a) In General.--Section 16 of the Food Stamp Act of 1977
(7 U.S.C. 2025) is amended by striking subsection (b).
(b) Conforming Amendments.--
(1) The 1st sentence of section 11(g) of the Food Stamp Act
of 1977 (7 U.S.C. 2020(g)) is amended by striking ``the
Secretary's standards for the efficient and effective
administration of the program established under section
16(b)(1) or''.
(2) Section 16(c)(1)(B) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)(1)(B)) is amended by striking ``pursuant to
subsection (b)''.
SEC. 946. RESPONSE TO WAIVERS.
Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)) is amended by adding at the end the following:
``(C) Response to waivers.--
``(i) Response.--Not later than 60 days after the date of
receiving a request for a waiver under subparagraph (A), the
Secretary shall provide a response that--
``(I) approves the waiver request;
``(II) denies the waiver request and explains any
modification needed for approval of the waiver request;
``(III) denies the waiver request and explains the grounds
for the denial; or
``(IV) requests clarification of the waiver request.
``(ii) Failure to respond.--If the Secretary does not
provide a response in accordance with clause (i), the waiver
shall be considered approved, unless the approval is
specifically prohibited by this Act.
``(iii) Notice of denial.--On denial of a waiver request
under clause (i)(III), the Secretary shall provide a copy of
the waiver request and a description of the reasons for the
denial to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.''.
SEC. 947. AUTHORIZATION OF APPROPRIATIONS.
The 1st sentence of section 18(a)(1) of the Food Stamp Act
of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking ``1991
through 1997'' and inserting ``1996 through 2002''.
SEC. 948. AUTHORIZE STATES TO OPERATE SIMPLIFIED FOOD STAMP
PROGRAMS.
(a) Authority for Program.--The Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.) is amended by adding at the end the
following:
``SEC. 24. SIMPLIFIED FOOD STAMP PROGRAM.
``(a) Definition.--In this section, the term `Federal
costs' does not include any Federal costs incurred under
section 17.
``(b) State Option.--Subject to subsection (d), a State may
elect to carry out a simplified food stamp program for
households described in subsection (c)(1), statewide or in a
political subdivision of the State, in accordance with this
section.
``(c) Program Requirements.--If a State elects to carry out
such simplified food stamp program, within the State or a
political subdivision of the State--
``(1) only households in which all members receive
assistance under a State program
[[Page 1583]]
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) shall receive benefits under this
section. Such households shall be automatically eligible to
participate in such simplified food stamp program; and
``(2) subject to subsection (f), benefits under such
simplified food stamp program shall be determined under rules
and procedures established by the State under--
``(A) a State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.);
``(B) the food stamp program; or
``(C) a combination of a State program funded under part A
of title IV of the Social Security Act (42 US.C. 601 et seq.)
and the food stamp program.
``(d) State Plan.--(1) A State may not operate such
simplified food stamp program unless the Secretary approves a
State plan for the operation of such simplified food stamp
program under paragraph (2).
``(2) The Secretary is authorized to approve any State plan
to carry out such simplified food stamp program if the
Secretary determines that the plan--
``(A) simplifies program administration while fulfilling
the goals of the food stamp program to permit low-income
households to obtain a more nutritious diet;
``(B) complies with this section;
``(C) would not increase Federal costs for any fiscal year;
and
``(D) would not substantially alter, as determined by the
Secretary, the appropriate distribution of benefits according
to household need.
``(e) Cost Determination.--(1) During each fiscal year and
not later than 90 days after the end of each fiscal year, the
Secretary shall determine using data provided by the State
deemed appropriate by the Secretary whether such simplified
food stamp program being carried out by a State is increasing
Federal costs under this Act above what the costs would have
been for the same population had they been subject to the
rules of the food stamp program.
``(2) If the Secretary determines that such simplified food
stamp program has increased Federal costs under this Act for
any fiscal year or any portion of any fiscal year, the
Secretary shall notify the State not later than 30 days after
the Secretary makes the determination under paragraph (1).
``(3)(A) Not later than 90 days after the date of a
notification under paragraph (2), the State shall submit a
plan for approval by the Secretary for prompt corrective
action that is designed to prevent such simplified food stamp
program from increasing Federal costs under this Act.
``(B) If the State does not submit a plan under
subparagraph (A) or carry out a plan approved by the
Secretary, the Secretary shall terminate the approval of the
State operating such simplified food stamp program and the
State shall be ineligible to operate a future Simplified
Program.
``(f) Rules and Procedures.--(1) In operating such
simplified food stamp program, a State or political
subdivision of a State may follow the rules and procedures
established by the State or political subdivision under a
State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or under the food stamp
program.
``(2) In operating such simplified food stamp program, a
State or political subdivision shall comply with the
requirements of--
``(A) section 5(e) to the extent that it requires an excess
shelter expense deduction;
``(B) subsections (a) through (g) of section 7;
``(C) section 8(a) (except that the income of a household
may be determined under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.));
``(D) subsections (b) and (d) of section 8;
``(E) subsections (a), (c), (d), and (n) of section 11;
``(F) paragraphs (8), (9), (12), (18), (20), (24), and (25)
of section 11(e);
``(G) section 11(e)(2), to the extent that it requires the
State agency to provide an application to households on the
1st day they contact a food stamp office in person during
office hours to make what may reasonably be interpreted as an
oral or written request for food stamp assistance and to
allow those households to file such application on the same
day;
``(H) section 11(e)(3), to the extent that it requires the
State agency to complete certification of an eligible
household and provide an allotment retroactive to the period
of application to an eligible household not later than 30
days following the filing of an application;
``(I) section 11(e)(10) (or a comparable requirement
established by the State under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.)); and
``(J) section 16.
``(3) Notwithstanding any other provision of this section,
a household may not receive benefits under this section as a
result of the eligibility of the household under a State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.), unless the Secretary
determines that any household with income above 130 percent
of the poverty guidelines is not eligible for such simplified
food stamp program.''.
(b) Repealer.--Section 8 of the Food Stamp Act of 1977 (7
U.S.C. 2017) is amended by striking subsection (e).
(c) Requirements.--Section 11(e) of the Food Stamp Act of
1977 (7 U.S.C. 2020(e)) is amended--
(1) in paragraph (24) by striking ``and'' at the end;
(2) in paragraph (25) by striking the period at the end;
and
(3) by adding at the end the following:
``(26) if a State elects to carry out a simplified food
stamp program under section 24, the plan of the State agency
for operating such simplified food stamp program, including--
``(A) the rules and procedures to be followed by the State
to determine food stamp benefits; and
``(B) a description of the method by which the State will
carry out a quality control system under section 16(c).''.
(d) Repeal of Demonstration Projects.--Section 17 of the
Food Stamp Act of 1977 (7 U.S.C. 2026) is amended by--
(1) by striking subsection (i); and
(2) redesignating subsections (j) through (l) as
subsections (i) through (k), respectively.
SEC. 949. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) Definitions.--Section 201A of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
is amended to read as follows:
``SEC. 201A. DEFINITIONS.
``In this Act:
``(1) Additional commodities.--The term `additional
commodities' means commodities made available under section
214 in addition to the commodities made available under
sections 202 and 203D.
``(2) Average monthly number of unemployed persons.--The
term `average monthly number of unemployed persons' means the
average monthly number of unemployed persons in each State in
the most recent fiscal year for which information concerning
the number of unemployed persons is available, as determined
by the Bureau of Labor Statistics of the Department of Labor.
``(3) Eligible recipient agency.--The term `eligible
recipient agency' means a public or nonprofit organization--
``(A) that administers--
``(i) an emergency feeding organization;
``(ii) a charitable institution (including a hospital and a
retirement home, but excluding a penal institution) to the
extent that the institution serves needy persons;
``(iii) a summer camp for children, or a child nutrition
program providing food service;
``(iv) a nutrition project operating under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a
project that operates a congregate nutrition site and a
project that provides home-delivered meals; or
``(v) a disaster relief program;
``(B) that has been designated by the appropriate State
agency, or by the Secretary; and
``(C) that has been approved by the Secretary for
participation in the program established under this Act.
``(4) Emergency feeding organization.--The term `emergency
feeding organization' means a public or nonprofit
organization that administers activities and projects
(including the activities and projects of a charitable
institution, a food bank, a food pantry, a hunger relief
center, a soup kitchen, or a similar public or private
nonprofit eligible recipient agency) providing nutrition
assistance to relieve situations of emergency and distress
through the provision of food to needy persons, including
low-income and unemployed persons.
``(5) Food bank.--The term `food bank' means a public or
charitable institution that maintains an established
operation involving the provision of food or edible
commodities, or the products of food or edible commodities,
to food pantries, soup kitchens, hunger relief centers, or
other food or feeding centers that, as an integral part of
their normal activities, provide meals or food to feed needy
persons on a regular basis.
``(6) Food pantry.--The term `food pantry' means a public
or private nonprofit organization that distributes food to
low-income and unemployed households, including food from
sources other than the Department of Agriculture, to relieve
situations of emergency and distress.
``(7) Poverty line.--The term `poverty line' has the same
meaning given the term in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)).
``(8) Soup kitchen.--The term `soup kitchen' means a public
or charitable institution that, as an integral part of the
normal activities of the institution, maintains an
established feeding operation to provide food to needy
homeless persons on a regular basis.
``(9) Total value of additional commodities.--The term
`total value of additional commodities' means the actual cost
of all additional commodities made available under section
214 that are paid by the Secretary (including the
distribution and processing costs incurred by the Secretary).
``(10) Value of additional commodities allocated to each
state.--The term `value of additional commodities allocated
to each State' means the actual cost of additional
commodities made available under section 214 and allocated to
each State that are paid by the Secretary (including the
distribution and processing costs incurred by the
Secretary).''.
(b) State Plan.--Section 202A of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
(7 U.S.C. 612c note) is amended to read as follows:
``SEC. 202A. STATE PLAN.
``(a) In General.--To receive commodities under this Act, a
State shall submit a plan of
[[Page 1584]]
operation and administration every 4 years to the Secretary
for approval. The plan may be amended at any time, with the
approval of the Secretary.
``(b) Requirements.--Each plan shall--
``(1) designate the State agency responsible for
distributing the commodities received under this Act;
``(2) set forth a plan of operation and administration to
expeditiously distribute commodities under this Act;
``(3) set forth the standards of eligibility for recipient
agencies; and
``(4) set forth the standards of eligibility for individual
or household recipients of commodities, which shall require--
``(A) individuals or households to be comprised of needy
persons; and
``(B) individual or household members to be residing in the
geographic location served by the distributing agency at the
time of applying for assistance.
``(c) State Advisory Board.--The Secretary shall encourage
each State receiving commodities under this Act to establish
a State advisory board consisting of representatives of all
interested entities, both public and private, in the
distribution of commodities received under this Act in the
State.''.
(c) Authorization of Appropriations for Administrative
Funds.--Section 204(a)(1) of the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note) (7 U.S.C.
612c note) is amended--
(1) in the 1st sentence--
(A) by striking ``1991 through 1995'' and inserting ``1996
through 2002''; and
(B) by striking ``for State and local'' and all that
follows through ``under this title'' and inserting ``to pay
for the direct and indirect administrative costs of the State
related to the processing, transporting, and distributing to
eligible recipient agencies of commodities provided by the
Secretary under this Act and commodities secured from other
sources''; and
(2) by striking the fourth sentence.
(d) Technical Amendments.--The Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note) (7 U.S.C.
612c note) is amended--
(1) in the 1st sentence of section 203B(a), by striking
``203 and 203A of this Act'' and inserting ``203A'';
(2) in section 204(a), by striking ``title'' each place it
appears and inserting ``Act''; and
(3) by striking section 212.
(e) Report on EFAP.--Section 1571 of the Food Security Act
of 1985 (Public Law 99-198; 7 U.S.C. 612c note) is repealed.
SEC. 950. FOOD BANK DEMONSTRATION PROJECT.
Section 3 of the Charitable Assistance and Food Bank Act of
1987 (Public Law 100-232; 7 U.S.C. 612c note) is repealed.
SEC. 951. REPORT ON ENTITLEMENT COMMODITY PROCESSING.
Section 1773 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 612c note) is
amended by striking subsection (f).
TITLE X--MISCELLANEOUS
SEC. 1001. EXPENDITURE OF FEDERAL FUNDS IN ACCORDANCE WITH
LAWS AND PROCEDURES APPLICABLE TO EXPENDITURE
OF STATE FUNDS.
(a) In General.--Notwithstanding any other provision of
law, any funds received by a State under the provisions of
law specified in subsection (b) shall be expended only in
accordance with the laws and procedures applicable to
expenditures of the State's own revenues, including
appropriation by the State legislature, consistent with the
terms and conditions required under such provisions of law.
(b) Provisions of Law.--The provisions of law specified in
this subsection are the following:
(1) Part A of title IV of the Social Security Act (relating
to block grants for temporary assistance for needy families).
(2) Section 25 of the Food Stamp Act of 1977 (relating to
the optional State food assistance block grant).
(3) The Child Care and Development Block Grant Act of 1990
(relating to block grants for child care).
SEC. 1002. ELIMINATION OF HOUSING ASSISTANCE WITH RESPECT TO
FUGITIVE FELONS AND PROBATION AND PAROLE
VIOLATORS.
(a) Eligibility for Assistance.--The United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
(1) in section 6(l)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by inserting immediately after paragraph (6) the
following new paragraph:
``(7) provide that it shall be cause for immediate
termination of the tenancy of a public housing tenant if such
tenant--
``(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt to
commit a crime, which is a felony under the laws of the place
from which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(2) is violating a condition of probation or parole
imposed under Federal or State law.''; and
(2) in section 8(d)(1)(B)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(C) by adding after clause (iv) the following new clause:
``(v) it shall be cause for termination of the tenancy of a
tenant if such tenant--
``(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt to
commit a crime, which is a felony under the laws of the place
from which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(II) is violating a condition of probation or parole
imposed under Federal or State law;''.
(b) Provision of Information to Law Enforcement Agencies.--
Title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), as amended by section 601 of this Act, is
amended by adding at the end the following:
``SEC. 28. EXCHANGE OF INFORMATION WITH LAW ENFORCEMENT
AGENCIES.
``Notwithstanding any other provision of law, each public
housing agency that enters into a contract for assistance
under section 6 or 8 of this Act with the Secretary shall
furnish any Federal, State, or local law enforcement officer,
upon the request of the officer, with the current address,
Social Security number, and photograph (if applicable) of any
recipient of assistance under this Act, if the officer--
``(1) furnishes the public housing agency with the name of
the recipient; and
``(2) notifies the agency that--
``(A) such recipient--
``(i) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt to
commit a crime, which is a felony under the laws of the place
from which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(ii) is violating a condition of probation or parole
imposed under Federal or State law; or
``(iii) has information that is necessary for the officer
to conduct the officer's official duties;
``(B) the location or apprehension of the recipient is
within such officer's official duties; and
``(C) the request is made in the proper exercise of the
officer's official duties.''.
SEC. 1003. SENSE OF THE SENATE REGARDING ENTERPRISE ZONES.
(a) Findings.--The Senate finds that:
(1) Many of the Nation's urban centers are places with high
levels of poverty, high rates of welfare dependency, high
crime rates, poor schools, and joblessness;
(2) Federal tax incentives and regulatory reforms can
encourage economic growth, job creation and small business
formation in many urban centers;
(3) Encouraging private sector investment in America's
economically distressed urban and rural areas is essential to
breaking the cycle of poverty and the related ills of crime,
drug abuse, illiteracy, welfare dependency, and unemployment;
(4) The empowerment zones enacted in 1993 should be
enhanced by providing incentives to increase entrepreneurial
growth, capital formation, job creation, educational
opportunities, and home ownership in the designated
communities and zones.
(b) Sense of the Senate.--Therefore, it is the Sense of the
Senate that the Congress should adopt enterprise zone
legislation in the One Hundred Fourth Congress, and that such
enterprise zone legislation provide the following incentives
and provisions:
(1) Federal tax incentives that expand access to capital,
increase the formation and expansion of small businesses, and
promote commercial revitalization;
(2) Regulatory reforms that allow localities to petition
Federal agencies, subject to the relevant agencies' approval,
for waivers or modifications of regulations to improve job
creation, small business formation and expansion, community
development, or economic revitalization objectives of the
enterprise zones;
(3) Home ownership incentives and grants to encourage
resident management of public housing and home ownership of
public housing;
(4) School reform pilot projects in certain designated
enterprise zones to provide low-income parents with new and
expanded educational options for their children's elementary
and secondary schooling.
SEC. 1004. SENSE OF THE SENATE REGARDING THE INABILITY OF THE
NONCUSTODIAL PARENT TO PAY CHILD SUPPORT.
It is the sense of the Senate that--
(a) States should diligently continue their efforts to
enforce child support payments by the noncustodial parent to
the custodial parent, regardless of the employment status or
location of the noncustodial parent; and
(b) States are encouraged to pursue pilot programs in which
the parents of a nonadult, noncustodial parent who refuses to
or is unable to pay child support must--
(1) pay or contribute to the child support owed by the
noncustodial parent; or
(2) otherwise fulfill all financial obligations and meet
all conditions imposed on the noncustodial parent,
such as participation in a work program or other related
activity.
SEC. 1005. FOOD STAMP ELIGIBILITY.
Section 6(f) of the Food Stamp Act of 1977 (7 U.S.C.
2015(f)) is amended by striking the third sentence and
inserting the following:
[[Page 1585]]
``The State agency shall, at its option, consider either
all income and financial resources of the individual rendered
ineligible to participate in the food stamp program under
this subsection, or such income, less a pro rata share, and
the financial resources of the ineligible individual, to
determine the eligibility and the value of the allotment of
the household of which such individual is a member.''.
SEC. 1006. ESTABLISHING NATIONAL GOALS TO PREVENT TEENAGE
PREGNANCIES.
(a) In General.--Not later than January 1, 1997, the
Secretary of Health and Human Services shall establish and
implement a strategy for--
(1) preventing out-of-wedlock teenage pregnancies, and
(2) assuring that at least 25 percent of the communities in
the United States have teenage pregnancy prevention programs
in place.
(b) Report.--Not later than June 30, 1998, and annually
thereafter, the Secretary shall report to the Congress with
respect to the progress that has been made in meeting the
goals described in paragraphs (1) and (2) of subsection (a).
SEC. 1007. SENSE OF THE SENATE REGARDING ENFORCEMENT OF
STATUTORY RAPE LAWS.
It is the sense of the Senate that States and local
jurisdictions should aggressively enforce statutory rape
laws.
SEC. 1008. SANCTIONING FOR TESTING POSITIVE FOR CONTROLLED
SUBSTANCES.
Notwithstanding any other provision of law, States shall
not be prohibited by the Federal Government from sanctioning
welfare recipients who test positive for use of controlled
substances.
SEC. 1009. ABSTINENCE EDUCATION.
Title V of the Social Security Act (42 U.S.C. 701-709) is
amended by adding at the end the following new section:
``abstinence education
``Sec. 510. (a) There are authorized to be appropriated
$75,000,000 for the purposes of enabling the Secretary,
through grants, contracts, or otherwise to provide for
abstinence education, and at the option of the State, where
appropriate, mentoring, counseling, and adult supervision to
promote abstinence from sexual activity, with a focus on
those groups which are most liekly to bear children out of
wedlock.
``(b) For purposes of this section, the term `abstinence
education' means an educational or motivational program
which--
``(1) has as its exclusive purpose, teaching the social,
psychological, and health gains to be realized by abstaining
from sexual activity;
``(2) teaches abstinence from sexual activity outside
marriage as the expected standard for all school age
children;
``(3) teaches that abstinence from sexual activity is the
only certain way to avoid out-of-wedlock pregnancy, sexually
transmitted diseases, and other associated health problems;
``(4) teaches that a mutually faithful monogamous
relationship in context of marriage is the expected standard
of human sexual activity;
``(5) teaches that sexual activity outside of the context
of marriage is likely to have harmful psychological and
physical effects;
``(6) teaches that bearing children out-of-wedlock is
likely to have harmful consequences for the child, the
child's parents, and society;
``(7) teaches young people how to reject sexual advances
and how alcohol and drug use increases vulnerability to
sexual advances; and
``(8) teaches the importance of attaining self-sufficiency
before engaging in sexual activity.''.
SEC. 1010. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT
TRANSFER SYSTEMS.
Section 904 of the Electronic Fund Transfer Act (15 U.S.C.
1693b) is amended--
(1) by striking ``(d) In the event'' and inserting ``(d)
Applicability to Service Providers Other Than Certain
Financial Institutions.--
``(1) In general.--In the event''; and
(2) by adding at the end the following new paragraph:
``(2) State and local government electronic benefit
transfer programs.--
``(A) Exemption generally.--The disclosures, protections,
responsibilities, and remedies established under this title,
and any regulation prescribed or order issued by the Board in
accordance with this title, shall not apply to any electronic
benefit transfer program established under State or local law
or administered by a State or local government.
``(B) Exception for direct deposit into recipient's
account.--Subparagraph (A) shall not apply with respect to
any electronic funds transfer under an electronic benefit
transfer program for deposits directly into a consumer
account held by the recipient of the benefit.
``(C) Rule of construction.--No provision of this paragraph
may be construed as--
``(i) affecting or altering the protections otherwise
applicable with respect to benefits established by Federal,
State, or local law; or
``(ii) otherwise superseding the application of any State
or local law.
``(D) Electronic benefit transfer program defined.--For
purposes of this paragraph, the term `electronic benefit
transfer program'--
``(i) means a program under which a government agency
distributes needs-tested benefits by establishing accounts to
be accessed by recipients electronically, such as through
automated teller machines, or point-of-sale terminals; and
``(ii) does not include employment-related payments,
including salaries and pension, retirement, or unemployment
benefits established by Federal, State, or local
governments.''.
SEC. 1011. REDUCTION IN BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES.
Section 2003(c) of the Social Security Act (42 U.S.C.
1397b(c)) is amended--
(1) by striking ``and'' at the end of paragraph (4); and
(2) by striking paragraph (5) and inserting the following:
``(5) $2,800,000,000 for each of the fiscal years 1990
through 1996 and for each fiscal year after fiscal year 2002;
and
``(6) $2,520,000,000 for each of the fiscal years 1997
through 2002.''.
SEC. 1012. EFFICIENT USE OF FEDERAL TRANSPORTATION FUNDS.
The Secretary of Health and Human Services is encouraged to
work in coordination with State agencies to ensure that
Federal transportation funds that may be used for the benefit
of persons receiving public assistance pursuant to this Act
and the amendments made by this Act are most efficiently used
for such purpose. The Secretary shall work with the
individual States to develop criteria and measurements to
report back to the Congress, within 3 years after the date of
the enactment of this Act, the following:
(1) The use of competitive contracting or other market-
oriented strategies to achieve efficiencies.
(2) The efficient use of all related transportation funds
to support persons receiving assistance pursuant to this Act
and the amendments made by this Act.
(3) The actual value derived from transportation services
to achieve such purposes.
(4) The application of such analyses to other support
services to achieve such purposes.
SEC. 1013. ENHANCED FEDERAL MATCH FOR CHILD WELFARE
AUTOMATION EXPENSES.
(a) In General.--Section 474(a)(3)(C) of the Social
Security Act (42 U.S.C. 674(a)(3)(C)) is amended to read as
follows:
``(C) 50 percent (or, if the quarter is in fiscal year
1997, 75 percent) of so much of such expenditures as are for
the planning, design, development, or installation of
statewide mechanized data collection and information
retrieval systems (including 50 percent (or, if the quarter
is in fiscal year 1997, 75 percent) of the full amount of
expenditures for hardware components for such systems) but
only to the extent that such systems--
``(i) meet the requirements imposed by regulations;
``(ii) to the extent practicable, are capable of
interfacing with the State data collection system that
collects information relating to child abuse and neglect;
``(iii) to the extent practicable, have the capability of
interfacing with, and retrieving information from, the State
data collection system that collects information relating to
the eligibility of individuals under part A (for the purposes
of facilitating verification of eligibility of foster
children); and
``(iv) are determined by the Secretary to be likely to
provide more efficient, economical, and effective
administration of the programs carried out under a State plan
approved under this part;''.
(b) Effective Date.--The amendments made by this section
shall be effective on and after October 1, 1996.
Subtitle B--Earned Income Tax Credit
SEC. 1021. EARNED INCOME CREDIT AND OTHER TAX BENEFITS DENIED
TO INDIVIDUALS FAILING TO PROVIDE TAXPAYER
IDENTIFICATION NUMBERS.
(a) Earned Income Credit.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to individuals eligible to claim the
earned income credit) is amended by adding at the end the
following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual who
does not include on the return of tax for the taxable year--
``(i) such individual's taxpayer identification number, and
``(ii) if the individual is married (within the meaning of
section 7703), the taxpayer identification number of such
individual's spouse.''
(2) Special identification number.--Section 32 of such Code
is amended by adding at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of
subsections (c)(1)(F) and (c)(3)(D), a taxpayer
identification number means a social security number issued
to an individual by the Social Security Administration (other
than a social security number issued pursuant to subclause
(II) (or that portion of subclause (III) that relates to
subclause (II)) of section 205(c)(2)(B)(i) of the Social
Security Act).''
(b) Personal Exemption.--
(1) In general.--Section 151 of such Code (relating to
allowance of deductions for personal exemptions) is amended
by adding at the end the following new subsection:
``(e) Indentifying Information Required.--No exemption
shall be allowed under this section with respect to any
individual unless the taxpayer identification number of such
individual is included on the return claiming the
exemption.''
(2) Conforming amendments.--
(A) Subsection (e) of section 6109 of such Code is
repealed.
[[Page 1586]]
(B) Section 6724(d)(3) of such Code is amended by adding
``and'' at the end of subparagraph (C), by striking
subparagraph (D), and by redesignating subparagraph (E) as
subparagraph (D).
(c) Dependent Care Credit.--Subsection (e) of section 21 of
such Code (relating to expenses for household and dependent
care services necessary for gainful employment) is amended by
adding at the end the following new paragraph:
``(10) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under
this section with respect to any qualifying individual unless
the taxpayer identification number of such individual is
included on the return claiming the credit.''
(d) Extension of Procedures Applicable to Mathematical or
Clerical Errors.--Section 6213(g)(2) of such Code (relating
to the definition of mathematical or clerical errors) is
amended--
(1) by striking ``and'' at the end of subparagraph (D), and
(2) by striking the period at the end of subparagraph (E)
and inserting a comma, and
(3) by adding at the end the following new subparagraphs:
``(F) an omission of a correct taxpayer identification
number required under section 21 (relating to expenses for
household and dependent care services necessary for gainful
employment), section 32 (relating to the earned income
credit) to be included on a return, or section 151 (relating
to allowance of deductions for personal exemptions), and
``(G) an entry on a return claiming the credit under
section 32 with respect to net earnings from self-employment
described in section 32(c)(2)(A) to the extent the tax
imposed by section 1401 (relating to self-employment tax) on
such net earnings has not been paid.''
(e) Effective Date.--The amendments made by this section
shall apply with respect to returns the due date for which
(without regard to extensions) is more than 30 days after the
date of the enactment of this Act.
SEC. 1022. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT
ON BASIS OF DISQUALIFIED INCOME.
(a) Reduction in Disqualified Income Threshold.--
(1) In general.--Section 32(i)(1) of the Internal Revenue
Code of 1986 (relating to denial of credit for individuals
having excessive investment income) is amended by striking
``$2,350'' and inserting ``$2,200''.
(2) Adjustment for inflation.--Section 32(j) of such Code
is amended to read as follows:
``(j) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning after the applicable calendar year, each dollar
amount referred to in paragraph (2)(B) shall be increased by
an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, except that subparagraph (B) thereof shall be
applied by reference to the CPI for the calendar year
preceding the applicable calendar year rather than the CPI
for calendar year 1992.
``(2) Definitions, etc.--For purposes of paragraph (1)--
``(A) Applicable calendar year.--The term `applicable
calendar year' means--
``(i) 1994 in the case of the dollar amounts referred to in
clause (i) of subparagraph (B), and
``(ii) 1996 in the case of the dollar amount referred to in
clause (ii) of subparagraph (B).
``(B) Dollar amounts.--The dollar amounts referred to in
this subparagraph are--
``(i) the dollar amounts contained in subsection (b)(2)(A),
and
``(ii) the dollar amount contained in subsection (i)(1).
``(3) Rounding.--
``(A) In general.--Except as provided in subparagraph (B),
if any dollar amount after being increased under paragraph
(1) is not a multiple of $10, such dollar amount shall be
rounded to the nearest multiple of $10 (or, if such dollar
amount is a multiple of $5, such dollar amount shall be
increased to the next higher multiple of $10).
``(B) Disqualified income threshold amount.--If the dollar
amount referred to in paragraph (2)(B)(ii) after being
increased under paragraph (1) is not a multiple of $50, such
amount shall be rounded to the next lowest multiple of $50.''
(b) Definition of Disqualified Income.--Paragraph (2) of
section 32(i) of such Code (defining disqualified income) is
amended by striking ``and'' at the end of subparagraph (B),
by striking the period at the end of subparagraph (C) and
inserting a comma, and by adding at the end the following new
subparagraphs:
``(D) the capital gain net income (as defined in section
1222) of the taxpayer for such taxable year, and
``(E) the excess (if any) of--
``(i) the aggregate income from all passive activities for
the taxable year (determined without regard to any amount
included in earned income under subsection (c)(2) or
described in a preceding subparagraph), over
``(ii) the aggregate losses from all passive activities for
the taxable year (as so determined).
For purposes of subparagraph (E), the term `passive activity'
has the meaning given such term by section 469.''
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 1023. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION
FOR EARNED INCOME CREDIT.
(a) In General.--Subsections (a)(2), (c)(1)(C), and
(f)(2)(B) of section 32 of the Internal Revenue Code of 1986
are each amended by striking ``adjusted gross income'' and
inserting ``modified adjusted gross income''.
(b) Modified Adjusted Gross Income Defined.--Section 32(c)
of such Code (relating to definitions and special rules) is
amended by adding at the end the following new paragraph:
``(5) Modified adjusted gross income.--
``(A) In general.--The term `modified adjusted gross
income' means adjusted gross income--
``(i) determined without regard to the amounts described in
subparagraph (B), and
``(ii) increased by
``(I) the amount of interest received or accrued by the
taxpayer during the taxable year which is exempt from tax,
and
``(II) amounts received as a pension or annuity, and any
distributions or payments received from an individual
retirement plan, by the taxpayer during the taxable year to
the extent not included in gross income.
Clause (ii)(II) shall not include any amount which is not
includible in gross income by reason of section 402(c),
403(a)(4), 403(b)(8), 408(d) (3), (4), or (5), or 457(e)(10).
``(B) Certain amounts disregarded.--An amount is described
in this subparagraph if it is--
``(i) the amount of losses from sales or exchanges of
capital assets in excess of gains from such sales or
exchanges to the extent such amount does not exceed the
amount under section 1211(b)(1),
``(ii) the net loss from estates and trusts,
``(iii) the excess (if any) of amounts described in
subsection (i)(2)(C)(ii) over the amounts described in
subsection (i)(2)(C)(i) (relating to nonbusiness rents and
royalties), and
``(iv) the net loss from the carrying on of trades or
businesses, computed separately with respect to--
``(I) trades or businesses (other than farming) conducted
as sole proprietorships,
``(II) trades or businesses of farming conducted as sole
proprietorships, and
``(III) other trades or businesses.
For purposes of clause (iv), there shall not be taken into
account items which are attributable to a trade or business
which consists of the performance of services by the taxpayer
as an employee.''
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 1024. NOTICE OF AVAILABILITY REQUIRED TO BE PROVIDED TO
APPLICANTS AND FORMER RECIPIENTS OF TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, AND
MEDICAID.
(a) Temporary Assistance for Needy Families.--Section
408(a), as added by section 103 of this Act, is amended by
adding at the end the following:
``(16) Notice of eitc availability.--A State to which a
grant is made under section 403 shall provide written notice
of the existence and availability of the earned income credit
under section 32 of the Internal Revenue Code of 1986 to--
``(A) any individual who applies for assistance under the
State program funded under this part, upon receipt of the
application; and
``(B) any individual whose assistance under the State
program is terminated, in the notice of termination of such
assistance.''.
(b) Food Stamps.--Section 11(e) of the Food Stamp Act of
1977 (7 U.S.C. 2020(e)) is amended--
(1) in paragraph (24) by striking ``and'' at the end;
(2) in paragraph (25) by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (25) the following:
``(26) that whenever a household applies for food stamp
benefits, and whenever such benefits are terminated with
respect to a household, the State agency shall provide to
each member of such household notice of--
``(A) the existence of the earned income tax credit under
section 32 of the Internal Revenue Code of 1986; and
``(B) the fact that such credit may be applicable to such
member.''.
(c) Medicaid.--Section 1902(a) (42 U.S.C. 1396a(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (61);
(2) by striking the period at the end of paragraph (62) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(63) provide that the State shall provide notice of the
existence and availability of the earned income tax credit
under section 32 of the Internal Revenue Code of 1986 to each
individual applying for medical assistance under the State
plan and to each individual whose eligibility for medical
assistance under the State plan is terminated.''.
SEC. 1025. NOTICE OF AVAILABILITY OF EARNED INCOME TAX CREDIT
AND DEPENDENT CARE TAX CREDIT TO BE INCLUDED ON
W-4 FORM.
Section 11114 of the Omnibus Budget Reconciliation Act of
1990 (26 U.S.C. 21 note), relating to program to increase
public awareness, is amended by adding at the end the
following new sentence: ``Such means shall include printing a
notice of the availability of such credits on the forms used
by employees to determine the proper number of with
[[Page 1587]]
holding exemptions under chapter 24 of the Internal Revenue
Code of 1986.''.
SEC. 1026. ADVANCE PAYMENT OF EARNED INCOME TAX CREDIT
THROUGH STATE DEMONSTRATION PROGRAMS.
(a) In General.--Section 3507 of the Internal Revenue Code
of 1986 (relating to the advance payment of the earned income
tax credit) is amended by adding at the end the following:
``(g) State Demonstrations.--
``(1) In general.--In lieu of receiving earned income
advance amounts from an employer under subsection (a), a
participating resident shall receive advance earned income
payments from a responsible State agency pursuant to a State
Advance Payment Program that is designated pursuant to
paragraph (2).
``(2) Designations.--
``(A) In general.--From among the States submitting
proposals satisfying the requirements of subsection (g)(3),
the Secretary (in consultation with the Secretary of Health
and Human Services) may designate not more than 4 State
Advance Payment Demonstrations. States selected for the
demonstrations may have, in the aggregate, no more than 5
percent of the total number of household participating in the
program under the Food Stamp program in the immediately
preceding fiscal year, Administrative costs of a State in
conducting a demonstration under this section may be included
for matching under section 403(a) of the Social Security Act
and section 16(a) of the Food Stamp Act of 1977.
``(B) When designation may be made.--Any designation under
this paragraph shall be made no later than December 31, 1995.
``(C) Period for which designation is in effect.--
``(i) In general.--Designations made under this paragraph
shall be effective for advance earned income payments made
after December 31, 1995, and before January 1, 1999.
``(ii) Special rules.--
``(I) Revocation of designations.--The Secretary may revoke
the designation under this paragraph if the Secretary
determines that the State is not complying substantially with
the proposal described in paragraph (3) submitted by the
State.
``(II) Automatic termination of designations.--Any failure
by a State to comply with the reporting requirements
described in paragraphs (3)(F) and (3)(G) has the effect of
immediately terminating the designation under this paragraph
(2) and rendering paragraph (5)(A)(ii) inapplicable to
subsequent payments.
``(3) Proposals.--No State may be designated under
subsection (g)(2) unless the State's proposal for such
designation--
``(A) identifies the responsible State agency,
``(B) describes how and when the advance earned income
payments will be made by that agency, including a description
of any other State or Federal benefits with which such
payments will be coordinated,
``(C) describes how the State will obtain the information
on which the amount of advance earned income payments made to
each participating resident will be determined in accordance
with paragraph (4),
``(D) describes how State residents who will be eligible to
receive advance earned income payments will be selected,
notified of the opportunity to receive advance earned income
payments from the responsible State agency, and given the
opportunity to elect to participate in the program,
``(E) describes how the State will verify, in addition to
receiving the certifications and statement described in
paragraph (7)(D)(iv), the eligibility of participating
residents for the earned tax credit,
``(F) commits the State to furnishing to each participating
resident and to the Secretary by January 31 of each year a
written statement showing--
``(i) the name and taxpayer identification number of the
participating resident, and
``(ii) the total amount of advance earned income payments
made to the participating resident during the prior calendar
year,
``(G) commits the State to furnishing to the Secretary by
December 1 of each year a written statement showing the name
and taxpayer identification number of each participating
resident,
``(H) commits the State to treat the advanced earned income
payments as described in subsection (g)(5) and any repayments
of excessive advance earned income payments as described in
subsection (g)(6),
``(I) commits the State to assess the development and
implementation of its State Advance Payment Program,
including an agreement to share its findings and lessons with
other interested States in a manner to be described by the
Secretary, and
``(J) is submitted to the Secretary on or before June 30,
1995.
``(4) Amount and timing of advance earned income
payments.--
``(A) Amount.--
``(i) In general.--The method for determining the amount of
advance earned income payments made to each participating
resident is to conform to the full extent possible with the
provisions of subsection (c).
``(ii) Special rule.--A State may, at its election, apply
the rules of subsection (c)(2)(B) by substituting `between 60
percent and 75 percent of the credit percentage in effect
under section 32(b)(1) for an individual with the
corresponding number of qualifying children' for `60 percent
of the credit percentage in effect under section 32(b)(1) for
such an eligible individual with 1 qualifying child' in
clause (i) and `the same percentage (as applied in clause
(i))' for `60 percent' in clause (ii).
``(B) Timing.--The frequency of advance earned income
payments may be made on the basis of the payroll periods of
participating residents, on a single statewide schedule, or
on any other reasonable basis prescribed by the State in its
proposal; however, in no event may advance earned income
payments be made to any participating resident less
frequently than on a calendar-quarter basis.
``(5) Payments to be treated as payments of withholding and
fica taxes.--
``(A) In general.--For purposes of this title, advance
earned income payments during any calendar quarter--
``(i) shall neither be treated as a payment of compensation
nor be included in gross income, and
``(ii) shall be treated as made out of--
``(I) amounts required to be deducted by the State and
withheld for the calendar quarter by the State under section
3401 (relating to wage withholding), and
``(II) amounts required to be deducted for the calendar
quarter under section 3102 (relating to FICA employee taxes),
and
``(III) amounts of the taxes imposed on the State for the
calendar quarter under section 3111 (relating to FICA
employer taxes),
as if the State had paid to the Secretary, on the day on
which payments are made to participating residents, an amount
equal to such payments.
``(B) Advance payments exceed taxes due.--If for any
calendar quarter the aggregate amount of advance earned
income payments made by the responsible State agency under a
State Advance Payment Program exceeds the sum of the amounts
referred to in subparagraph (A)(ii) (without regard to
paragraph (6)(A)), each such advance earned income payment
shall be reduced by an amount which bears the same ratio to
such excess as such advance earned income payment bears to
the aggregate amount of all such advance earned income
payments.
``(6) State repayment of excessive advance earned income
payments.--
``(A) In general.--Notwithstanding any other provision of
law, in the case of an excessive advance earned income
payment a State shall be treated as having deducted and
withheld under section 3401 (relating to wage withholding),
and therefore is required to pay to the United States, the
repayment amount during the repayment calendar quarter.
``(B) Excessive advance earned income payment.--For
purposes of this section, an excessive advance income payment
is that portion of any advance earned income payment that,
when combined with other advance earned income payments
previously made to the same participating resident during the
same calendar year, exceeds the amount of earned income tax
credit to which that participating resident is entitled under
section 32 for that year.
``(C) Repayment amount.--The repayment amount is equal to
50 percent of the excess of--
``(i) excessive advance earned income payments made by a
State during a particular calendar year, over
``(ii) the sum of--
``(I) 4 percent of all advance earned income payments made
by the State during that calendar year, and
``(II) the excessive advance earned income payments made by
the State during that calendar year that have been collected
from participating residents by the Secretary.
``(D) Repayment calendar quarter.--The repayment calendar
quarter is the second calendar quarter of the third calendar
year after the calendar year in which an excessive earned
income payment is made.
``(7) Definitions.--For purposes of this section--
``(A) State advance payment program.--The term `State
Advance Payment Program' means the program described in a
proposal submitted for designation under paragraph (1) and
designated by the Secretary under paragraph (2).
``(B) Responsible state agency.--The term `responsible
State agency' means the single State agency that will be
making the advance earned income payments to residents of the
State who elect to participate in a State Advance Payment
Program.
``(C) Advance earned income payments.--The term `advance
earned income payments' means an amount paid by a responsible
State agency to residents of the State pursuant to a State
Advance Payment Program.
``(D) Participating resident.--The term `participating
resident' means an individual who--
``(i) is a resident of a State that has in effect a
designated State Advance Payment Program,
``(ii) makes the election described in paragraph (3)(C)
pursuant to guidelines prescribed by the State,
``(iii) certifies to the State the number of qualifying
children the individual has, and
``(iv) provides to the State the certifications and
statement set forth in subsections (b)(1), (b)(2), (b)(3),
and (b)(4) (except that for purposes of this clause (iv), the
term `any employer' shall be substituted for `another
employer' in subsection (b)(3)), along with any other
information required by the State.''.
(b) Technical Assistance.--The Secretaries of Treasury and
Health and Human Services shall jointly ensure that technical
assistance is provided to State Advance Payment Programs and
that these programs are rigorously evaluated.
[[Page 1588]]
(c) Annual Reports.--The Secretary shall issue annual
reports detailing the extent to which--
(1) residents participate in the State Advance Payment
Programs,
(2) participating residents file Federal and State tax
returns,
(3) participating residents report accurately the amount of
the advance earned income payments made to them by the
responsible State agency during the year, and
(4) recipients of excessive advance earned income payments
repaid those amounts.
The report shall also contain an estimate of the amount of
advance earned income payments made by each responsible State
agency but not reported on the tax returns of a participating
resident and the amount of excessive advance earned income
payments.
(d) Authorization of Appropriations.--For purposes of
providing technical assistance described in subsection (b),
preparing the reports described in subsection (c), and
providing grants to States in support of designated State
Advance Payment Programs, there are authorized to be
appropriated in advance to the Secretary of the Treasury and
the Secretary of Health and Human Services a total of
$1,400,000 for fiscal years 1996 through 1999.
It was decided in the
Yeas
168
<3-line {>
negative
Nays
258
para.90.16 [Roll No. 329]
AYES--168
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Cramer
Danner
Davis
DeFazio
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Eshoo
Evans
Farr
Fattah
Fazio
Flake
Foglietta
Ford
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gordon
Green (TX)
Greenwood
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hinchey
Holden
Hoyer
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Minge
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Neal
Oberstar
Obey
Olver
Orton
Pallone
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rangel
Reed
Rivers
Roemer
Rose
Roukema
Sabo
Sawyer
Schroeder
Schumer
Scott
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Studds
Stupak
Tanner
Taylor (MS)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Waxman
Weldon (PA)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--258
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Cooley
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Deal
DeLay
Dellums
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Engel
English
Ensign
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gingrich
Gonzalez
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutierrez
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jefferson
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Mink
Molinari
Moorhead
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Owens
Oxley
Parker
Pastor
Paxon
Payne (NJ)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Richardson
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stark
Stearns
Stockman
Stokes
Stump
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Tiahrt
Torres
Towns
Upton
Velazquez
Vucanovich
Walker
Walsh
Wamp
Waters
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--8
de la Garza
Forbes
Lincoln
McDade
Miller (CA)
Packard
Schiff
Young (FL)
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. ARMEY, assumed the Chair.
When Ms. GREENE, Chairman, pursuant to House Resolution 482, reported
the bill, as amended, back to the House with a further amendment adopted
by the Committee.
The previous question having been ordered by said resolution.
Pursuant to House Resolution 482, the following amendment was
considered adopted in the House and in the Committee of the Whole House
state of the Union:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Reform
Reconciliation Act of 1996''.
SEC. 2. TABLE OF TITLES.
The table of titles of this Act is as follows:
Title I--Committee on Agriculture
Title II--Committee on Commerce
Title III--Committee on Economic and Educational Opportunities
Title IV--Committee on Ways and Means
TITLE I--COMMITTEE ON AGRICULTURE
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Food Stamp Reform and
Commodity Distribution Act of 1996''.
SEC. 1002. TABLE OF CONTENTS.
The table of contents of this title is as follows:
Sec. 1001. Short title.
Sec. 1002. Table of contents.
Subtitle A--Food Stamp Program
Sec. 1011. Definition of certification period.
Sec. 1012. Definition of coupon.
Sec. 1013. Treatment of children living at home.
Sec. 1014. Optional additional criteria for separate household
determinations.
Sec. 1015. Adjustment of thrifty food plan.
Sec. 1016. Definition of homeless individual.
Sec. 1017. State option for eligibility standards.
Sec. 1018. Earnings of students.
Sec. 1019. Energy assistance.
Sec. 1020. Deductions from income.
Sec. 1021. Vehicle allowance.
Sec. 1022. Vendor payments for transitional housing counted as income.
Sec. 1023. Doubled penalties for violating food stamp program
requirements.
Sec. 1024. Disqualification of convicted individuals.
Sec. 1025. Disqualification.
Sec. 1026. Caretaker exemption.
Sec. 1027. Employment and training.
Sec. 1028. Comparable treatment for disqualification.
Sec. 1029. Disqualification for receipt of multiple food stamp
benefits.
Sec. 1030. Disqualification of fleeing felons.
Sec. 1031. Cooperation with child support agencies.
Sec. 1032. Disqualification relating to child support arrears.
Sec. 1033. Work requirement.
Sec. 1034. Encourage electronic benefit transfer systems.
Sec. 1035. Value of minimum allotment.
Sec. 1036. Benefits on recertification.
Sec. 1037. Optional combined allotment for expedited households.
Sec. 1038. Failure to comply with other means-tested public assistance
programs.
Sec. 1039. Allotments for households residing in centers.
Sec. 1040. Condition precedent for approval of retail food stores and
wholesale food concerns.
Sec. 1041. Authority to establish authorization periods.
[[Page 1589]]
Sec. 1042. Information for verifying eligibility for authorization.
Sec. 1043. Waiting period for stores that fail to meet authorization
criteria.
Sec. 1044. Operation of food stamp offices.
Sec. 1045. State employee and training standards.
Sec. 1046. Exchange of law enforcement information.
Sec. 1047. Expedited coupon service.
Sec. 1048. Withdrawing fair hearing requests.
Sec. 1049. Income, eligibility, and immigration status verification
systems.
Sec. 1050. Disqualification of retailers who intentionally submit
falsified applications.
Sec. 1051. Disqualification of retailers who are disqualified under the
WIC program.
Sec. 1052. Collection of overissuances.
Sec. 1053. Authority to suspend stores violating program requirements
pending administrative and judicial review.
Sec. 1054. Expanded criminal forfeiture for violations.
Sec. 1055. Limitation of Federal match.
Sec. 1056. Standards for administration.
Sec. 1057. Work supplementation or support program.
Sec. 1058. Waiver authority.
Sec. 1059. Response to waivers.
Sec. 1060. Employment initiatives program.
Sec. 1061. Reauthorization.
Sec. 1062. Simplified food stamp program.
Sec. 1063. State food assistance block grant.
Sec. 1064. A study of the use of food stamps to purchase vitamins and
minerals.
Sec. 1065. Investigations.
Sec. 1066. Food stamp eligibility.
Sec. 1067. Report by the Secretary.
Sec. 1068. Deficit reduction.
Subtitle B--Commodity Distribution Programs
Sec. 1071. Emergency food assistance program.
Sec. 1072. Food bank demonstration project.
Sec. 1073. Hunger prevention programs.
Sec. 1074. Report on entitlement commodity processing.
Subtitle C--Electronic Benefit Transfer Systems
Sec. 1091. Provisions to encourage electronic benefit transfer systems.
Subtitle A--Food Stamp Program
SEC. 1011. DEFINITION OF CERTIFICATION PERIOD.
Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended by striking ``Except as provided'' and
all that follows and inserting the following: ``The
certification period shall not exceed 12 months, except that
the certification period may be up to 24 months if all adult
household members are elderly or disabled. A State agency
shall have at least 1 contact with each certified household
every 12 months.''.
SEC. 1012. DEFINITION OF COUPON.
Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C.
2012(d)) is amended by striking ``or type of certificate''
and inserting ``type of certificate, authorization card, cash
or check issued in lieu of a coupon, or an access device,
including an electronic benefit transfer card or personal
identification number,''.
SEC. 1013. TREATMENT OF CHILDREN LIVING AT HOME.
The second sentence of section 3(i) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(i)) is amended by striking ``(who are
not themselves parents living with their children or married
and living with their spouses)''.
SEC. 1014. OPTIONAL ADDITIONAL CRITERIA FOR SEPARATE
HOUSEHOLD DETERMINATIONS.
Section 3(i) of the Food Stamp Act of 1977 (7 U.S.C.
2012(i)) is amended by inserting after the third sentence the
following: ``Notwithstanding the preceding sentences, a State
may establish criteria that prescribe when individuals who
live together, and who would be allowed to participate as
separate households under the preceding sentences, shall be
considered a single household, without regard to the common
purchase of food and preparation of meals.''.
SEC. 1015. ADJUSTMENT OF THRIFTY FOOD PLAN.
The second sentence of section 3(o) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(o)) is amended--
(1) by striking ``shall (1) make'' and inserting the
following: ``shall--
``(1) make'';
(2) by striking ``scale, (2) make'' and inserting ``scale;
``(2) make'';
(3) by striking ``Alaska, (3) make'' and inserting the
following: ``Alaska;
``(3) make''; and
(4) by striking ``Columbia, (4) through'' and all that
follows through the end of the subsection and inserting the
following: ``Columbia; and
``(4) on October 1, 1996, and each October 1 thereafter,
adjust the cost of the diet to reflect the cost of the diet,
in the preceding June, and round the result to the nearest
lower dollar increment for each household size, except that
on October 1, 1996, the Secretary may not reduce the cost
of the diet in effect on September 30, 1996.''.
SEC. 1016. DEFINITION OF HOMELESS INDIVIDUAL.
Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C.
2012(s)(2)(C)) is amended by inserting ``for not more than 90
days'' after ``temporary accommodation''.
SEC. 1017. STATE OPTION FOR ELIGIBILITY STANDARDS.
Section 5(b) of the Food Stamp Act of 1977 (7 U.S.C.
2014(d)) is amended by striking ``(b) The Secretary'' and
inserting the following:
``(b) Eligibility Standards.--Except as otherwise provided
in this Act, the Secretary''.
SEC. 1018. EARNINGS OF STUDENTS.
Section 5(d)(7) of the Food Stamp Act of 1977 (7 U.S.C.
2014(d)(7)) is amended by striking ``21'' and inserting
``19''.
SEC. 1019. ENERGY ASSISTANCE.
(a) In General.--Section 5(d) of the Food Stamp Act of 1977
(7 U.S.C. 2014(d)) is amended by striking paragraph (11) and
inserting the following: ``(11) a 1-time payment or allowance
made under a Federal or State law for the costs of
weatherization or emergency repair or replacement of an
unsafe or inoperative furnace or other heating or cooling
device,''.
(b) Conforming Amendments.--
(1) Section 5(k) of the Act (7 U.S.C. 2014(k)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``plan for aid to
families with dependent children approved'' and inserting
``program funded''; and
(ii) in subparagraph (B), by striking ``, not including
energy or utility-cost assistance,'';
(B) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) a payment or allowance described in subsection
(d)(11);''; and
(C) by adding at the end the following:
``(4) Third party energy assistance payments.--
``(A) Energy assistance payments.--For purposes of
subsection (d)(1), a payment made under a Federal or State
law to provide energy assistance to a household shall be
considered money payable directly to the household.
``(B) Energy assistance expenses.--For purposes of
subsection (e)(7), an expense paid on behalf of a household
under a Federal or State law to provide energy assistance
shall be considered an out-of-pocket expense incurred and
paid by the household.''.
(2) Section 2605(f) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended--
(A) by striking ``(f)(1) Notwithstanding'' and inserting
``(f) Notwithstanding'';
(B) in paragraph (1), by striking ``food stamps,''; and
(C) by striking paragraph (2).
SEC. 1020. DEDUCTIONS FROM INCOME.
(a) In General.--Section 5 of the Food Stamp Act of 1977 (7
U.S.C. 2014) is amended by striking subsection (e) and
inserting the following:
``(e) Deductions From Income.--
``(1) Standard deduction.--The Secretary shall allow a
standard deduction for each household in the 48 contiguous
States and the District of Columbia, Alaska, Hawaii, Guam,
and the Virgin Islands of the United States of $134, $229,
$189, $269, and $118, respectively.
``(2) Earned income deduction.--
``(A) Definition of earned income.--In this paragraph, the
term `earned income' does not include income excluded by
subsection (d) or any portion of income earned under a work
supplementation or support program, as defined under section
16(b), that is attributable to public assistance.
``(B) Deduction.--Except as provided in subparagraph (C), a
household with earned income shall be allowed a deduction of
20 percent of all earned income to compensate for taxes,
other mandatory deductions from salary, and work expenses.
``(C) Exception.--The deduction described in subparagraph
(B) shall not be allowed with respect to determining an
overissuance due to the failure of a household to report
earned income in a timely manner.
``(3) Dependent care deduction.--
``(A) In general.--A household shall be entitled, with
respect to expenses (other than excluded expenses described
in subparagraph (B)) for dependent care, to a dependent care
deduction, the maximum allowable level of which shall be $200
per month for each dependent child under 2 years of age and
$175 per month for each other dependent, for the actual cost
of payments necessary for the care of a dependent if the care
enables a household member to accept or continue employment,
or training or education that is preparatory for employment.
``(B) Excluded expenses.--The excluded expenses referred to
in subparagraph (A) are--
``(i) expenses paid on behalf of the household by a third
party;
``(ii) amounts made available and excluded for the expenses
referred to in subparagraph (A) under subsection (d)(3); and
``(iii) expenses that are paid under section 6(d)(4).
``(4) Deduction for child support payments.--
``(A) In general.--A household shall be entitled to a
deduction for child support payments made by a household
member to or for an individual who is not a member of the
household if the household member is legally obligated to
make the payments.
``(B) Methods for determining amount.--The Secretary may
prescribe by regulation the methods, including calculation on
a retrospective basis, that a State agency shall use to
determine the amount of the deduction for child support
payments.
``(5) Homeless shelter allowance.--A State agency may
develop a standard homeless shelter allowance, which shall
not exceed $143 per month, for such expenses as may
reasonably be expected to be incurred by households in which
all members are homeless individuals but are not receiving
[[Page 1590]]
free shelter throughout the month. A State agency that
develops the allowance may use the allowance in determining
eligibility and allotments for the households, except that
the State agency may prohibit the use of the allowance for
households with extremely low shelter costs.
``(6) Excess medical expense deduction.--
``(A) In general.--A household containing an elderly or
disabled member shall be entitled, with respect to expenses
other than expenses paid on behalf of the household by a
third party, to an excess medical expense deduction for the
portion of the actual costs of allowable medical expenses,
incurred by the elderly or disabled member, exclusive of
special diets, that exceeds $35 per month.
``(B) Method of claiming deduction.--
``(i) In general.--A State agency shall offer an eligible
household under subparagraph (A) a method of claiming a
deduction for recurring medical expenses that are initially
verified under the excess medical expense deduction in lieu
of submitting information or verification on actual expenses
on a monthly basis.
``(ii) Method.--The method described in clause (i) shall--
``(I) be designed to minimize the burden for the eligible
elderly or disabled household member choosing to deduct the
recurrent medical expenses of the member pursuant to the
method;
``(II) rely on reasonable estimates of the expected medical
expenses of the member for the certification period
(including changes that can be reasonably anticipated based
on available information about the medical condition of the
member, public or private medical insurance coverage, and the
current verified medical expenses incurred by the member);
and
``(III) not require further reporting or verification of a
change in medical expenses if such a change has been
anticipated for the certification period.
``(7) Excess shelter expense deduction.--
``(A) In general.--A household shall be entitled, with
respect to expenses other than expenses paid on behalf of the
household by a third party, to an excess shelter expense
deduction to the extent that the monthly amount expended by a
household for shelter exceeds an amount equal to 50 percent
of monthly household income after all other applicable
deductions have been allowed.
``(B) Maximum amount of deduction.--In the case of a
household that does not contain an elderly or disabled
individual, the excess shelter expense deduction shall not
exceed--
``(i) in the 48 contiguous States and the District of
Columbia, $247 per month; and
``(ii) in Alaska, Hawaii, Guam, and the Virgin Islands of
the United States, $429, $353, $300, and $182 per month,
respectively.
``(C) Standard utility allowance.--
``(i) In general.--In computing the excess shelter expense
deduction, a State agency may use a standard utility
allowance in accordance with regulations promulgated by the
Secretary, except that a State agency may use an allowance
that does not fluctuate within a year to reflect seasonal
variations.
``(ii) Restrictions on heating and cooling expenses.--An
allowance for a heating or cooling expense may not be used in
the case of a household that--
``(I) does not incur a heating or cooling expense, as the
case may be;
``(II) does incur a heating or cooling expense but is
located in a public housing unit that has central utility
meters and charges households, with regard to the expense,
only for excess utility costs; or
``(III) shares the expense with, and lives with, another
individual not participating in the food stamp program,
another household participating in the food stamp program, or
both, unless the allowance is prorated between the household
and the other individual, household, or both.
``(iii) Mandatory allowance.--
``(I) In general.--A State agency may make the use of a
standard utility allowance mandatory for all households with
qualifying utility costs if--
``(aa) the State agency has developed 1 or more standards
that include the cost of heating and cooling and 1 or more
standards that do not include the cost of heating and
cooling; and
``(bb) the Secretary finds that the standards will not
result in an increased cost to the Secretary.
``(II) Household election.--A State agency that has not
made the use of a standard utility allowance mandatory under
subclause (I) shall allow a household to switch, at the end
of a certification period, between the standard utility
allowance and a deduction based on the actual utility
costs of the household.
``(iv) Availability of allowance to recipients of energy
assistance.--
``(I) In general.--Subject to subclause (II), if a State
agency elects to use a standard utility allowance that
reflects heating or cooling costs, the standard utility
allowance shall be made available to households receiving a
payment, or on behalf of which a payment is made, under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.) or other similar energy assistance program, if the
household still incurs out-of-pocket heating or cooling
expenses in excess of any assistance paid on behalf of the
household to an energy provider.
``(II) Separate allowance.--A State agency may use a
separate standard utility allowance for households on behalf
of which a payment described in subclause (I) is made, but
may not be required to do so.
``(III) States not electing to use separate allowance.--A
State agency that does not elect to use a separate allowance
but makes a single standard utility allowance available to
households incurring heating or cooling expenses (other than
a household described in subclause (I) or (II) of
subparagraph (C)(ii)) may not be required to reduce the
allowance due to the provision (directly or indirectly) of
assistance under the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.).
``(IV) Proration of assistance.--For the purpose of the
food stamp program, assistance provided under the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.)
shall be considered to be prorated over the entire heating or
cooling season for which the assistance was provided.''.
(b) Conforming Amendment.--Section 11(e)(3) of the Act (7
U.S.C. 2020(e)(3)) is amended by striking ``Under rules
prescribed'' and all that follows through ``verifies higher
expenses;''.
SEC. 1021. VEHICLE ALLOWANCE.
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended by striking paragraph (2) and inserting
the following:
``(2) Included assets.--
``(A) In general.--Subject to the other provisions of this
paragraph, the Secretary shall, in prescribing inclusions in,
and exclusions from, financial resources, follow the
regulations in force as of June 1, 1982 (other than those
relating to licensed vehicles and inaccessible resources).
``(B) Additional included assets.--The Secretary shall
include in financial resources--
``(i) any boat, snowmobile, or airplane used for
recreational purposes;
``(ii) any vacation home;
``(iii) any mobile home used primarily for vacation
purposes;
``(iv) subject to subparagraph (C), any licensed vehicle
that is used for household transportation or to obtain or
continue employment to the extent that the fair market value
of the vehicle exceeds $4,600; and
``(v) any savings or retirement account (including an
individual account), regardless of whether there is a penalty
for early withdrawal.
``(C) Excluded vehicles.--A vehicle (and any other
property, real or personal, to the extent the property is
directly related to the maintenance or use of the vehicle)
shall not be included in financial resources under this
paragraph if the vehicle is--
``(i) used to produce earned income;
``(ii) necessary for the transportation of a physically
disabled household member; or
``(iii) depended on by a household to carry fuel for
heating or water for home use and provides the primary source
of fuel or water, respectively, for the household.''.
SEC. 1022. VENDOR PAYMENTS FOR TRANSITIONAL HOUSING COUNTED
AS INCOME.
Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2014(k)(2)) is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (F) and (G), respectively.
SEC. 1023. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM
REQUIREMENTS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2015(b)(1)) is amended--
(1) in clause (i), by striking ``six months'' and inserting
``1 year''; and
(2) in clause (ii), by striking ``1 year'' and inserting
``2 years''.
SEC. 1024. DISQUALIFICATION OF CONVICTED INDIVIDUALS.
Section 6(b)(1)(iii) of the Food Stamp Act of 1977 (7
U.S.C. 2015(b)(1)(iii)) is amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after subclause (III) the following:
``(IV) a conviction of an offense under subsection (b) or
(c) of section 15 involving an item covered by subsection (b)
or (c) of section 15 having a value of $500 or more.''.
SEC. 1025. DISQUALIFICATION.
(a) In General.--Section 6(d) of the Food Stamp Act of 1977
(7 U.S.C. 2015(d)) is amended by striking ``(d)(1) Unless
otherwise exempted by the provisions'' and all that follows
through the end of paragraph (1) and inserting the following:
``(d) Conditions of Participation.--
``(1) Work requirements.--
``(A) In general.--No physically and mentally fit
individual over the age of 15 and under the age of 60 shall
be eligible to participate in the food stamp program if the
individual--
``(i) refuses, at the time of application and every 12
months thereafter, to register for employment in a manner
prescribed by the Secretary;
``(ii) refuses without good cause to participate in an
employment and training program under paragraph (4), to the
extent required by the State agency;
``(iii) refuses without good cause to accept an offer of
employment, at a site or plant not subject to a strike or
lockout at the time of the refusal, at a wage not less than
the higher of--
``(I) the applicable Federal or State minimum wage; or
``(II) 80 percent of the wage that would have governed had
the minimum hourly rate under section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been
applicable to the offer of employment;
[[Page 1591]]
``(iv) refuses without good cause to provide a State agency
with sufficient information to allow the State agency to
determine the employment status or the job availability of
the individual;
``(v) voluntarily and without good cause--
``(I) quits a job; or
``(II) reduces work effort and, after the reduction, the
individual is working less than 30 hours per week; or
``(vi) fails to comply with section 20.
``(B) Household ineligibility.--If an individual who is the
head of a household becomes ineligible to participate in the
food stamp program under subparagraph (A), the household
shall, at the option of the State agency, become ineligible
to participate in the food stamp program for a period,
determined by the State agency, that does not exceed the
lesser of--
``(i) the duration of the ineligibility of the individual
determined under subparagraph (C); or
``(ii) 180 days.
``(C) Duration of ineligibility.--
``(i) First violation.--The first time that an individual
becomes ineligible to participate in the food stamp program
under subparagraph (A), the individual shall remain
ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 1 month after the date the
individual became ineligible; or
``(III) a date determined by the State agency that is not
later than 3 months after the date the individual became
ineligible.
``(ii) Second violation.--The second time that an
individual becomes ineligible to participate in the food
stamp program under subparagraph (A), the individual shall
remain ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 3 months after the date the
individual became ineligible; or
``(III) a date determined by the State agency that is not
later than 6 months after the date the individual became
ineligible.
``(iii) Third or subsequent violation.--The third or
subsequent time that an individual becomes ineligible to
participate in the food stamp program under subparagraph (A),
the individual shall remain ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 6 months after the date the
individual became ineligible;
``(III) a date determined by the State agency; or
``(IV) at the option of the State agency, permanently.
``(D) Administration.--
``(i) Good cause.--The Secretary shall determine the
meaning of good cause for the purpose of this paragraph.
``(ii) Voluntary quit.--The Secretary shall determine the
meaning of voluntarily quitting and reducing work effort for
the purpose of this paragraph.
``(iii) Determination by state agency.--
``(I) In general.--Subject to subclause (II) and clauses
(i) and (ii), a State agency shall determine--
``(aa) the meaning of any term in subparagraph (A);
``(bb) the procedures for determining whether an individual
is in compliance with a requirement under subparagraph (A);
and
``(cc) whether an individual is in compliance with a
requirement under subparagraph (A).
``(II) Not less restrictive.--A State agency may not
determine a meaning, procedure, or determination under
subclause (I) to be less restrictive than a comparable
meaning, procedure, or determination under a State program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
``(iv) Strike against the government.--For the purpose of
subparagraph (A)(v), an employee of the Federal Government, a
State, or a political subdivision of a State, who is
dismissed for participating in a strike against the Federal
Government, the State, or the political subdivision of the
State shall be considered to have voluntarily quit without
good cause.
``(v) Selecting a head of household.--
``(I) In general.--For the purpose of this paragraph, the
State agency shall allow the household to select any adult
parent of a child in the household as the head of the
household if all adult household members making application
under the food stamp program agree to the selection.
``(II) Time for making designation.--A household may
designate the head of the household under subclause (I) each
time the household is certified for participation in the food
stamp program, but may not change the designation during a
certification period unless there is a change in the
composition of the household.
``(vi) Change in head of household.--If the head of a
household leaves the household during a period in which the
household is ineligible to participate in the food stamp
program under subparagraph (B)--
``(I) the household shall, if otherwise eligible, become
eligible to participate in the food stamp program; and
``(II) if the head of the household becomes the head of
another household, the household that becomes headed by the
individual shall become ineligible to participate in the food
stamp program for the remaining period of ineligibility.''.
(b) Conforming Amendment.--
(1) The second sentence of section 17(b)(2) of the Act (7
U.S.C. 2026(b)(2)) is amended by striking ``6(d)(1)(i)'' and
inserting ``6(d)(1)(A)(i)''.
(2) Section 20 of the Act (7 U.S.C. 2029) is amended by
striking subsection (f) and inserting the following:
``(f) Disqualification.--An individual or a household may
become ineligible under section 6(d)(1) to participate in the
food stamp program for failing to comply with this
section.''.
SEC. 1026. CARETAKER EXEMPTION.
Section 6(d)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2015(d)(2)) is amended by striking subparagraph (B) and
inserting the following: ``(B) a parent or other member of a
household with responsibility for the care of (i) a dependent
child under the age of 6 or any lower age designated by the
State agency that is not under the age of 1, or (ii) an
incapacitated person;''.
SEC. 1027. EMPLOYMENT AND TRAINING.
(a) In General.--Section 6(d)(4) of the Food Stamp Act of
1977 (7 U.S.C. 2015(d)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Not later than April 1, 1987, each'' and
inserting ``Each'';
(B) by inserting ``work,'' after ``skills, training,''; and
(C) by adding at the end the following: ``Each component of
an employment and training program carried out under this
paragraph shall be delivered through a statewide workforce
development system, unless the component is not available
locally through the statewide workforce development
system.'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking the
colon at the end and inserting the following: ``, except that
the State agency shall retain the option to apply employment
requirements prescribed under this subparagraph to a program
applicant at the time of application:'';
(B) in clause (i), by striking ``with terms and
conditions'' and all that follows through ``time of
application''; and
(C) in clause (iv)--
(i) by striking subclauses (I) and (II); and
(ii) by redesignating subclauses (III) and (IV) as
subclauses (I) and (II), respectively;
(3) in subparagraph (D)--
(A) in clause (i), by striking ``to which the application''
and all that follows through ``30 days or less'';
(B) in clause (ii), by striking ``but with respect'' and
all that follows through ``child care''; and
(C) in clause (iii), by striking ``, on the basis of'' and
all that follows through ``clause (ii)'' and inserting ``the
exemption continues to be valid'';
(4) in subparagraph (E), by striking the third sentence;
(5) in subparagraph (G)--
(A) by striking ``(G)(i) The State'' and inserting ``(G)
The State''; and
(B) by striking clause (ii);
(6) in subparagraph (H), by striking ``(H)(i) The
Secretary'' and all that follows through ``(ii) Federal
funds'' and inserting ``(H) Federal funds'';
(7) in subparagraph (I)(i)(II), by striking ``, or was in
operation,'' and all that follows through ``Social Security
Act'' and inserting the following: ``), except that no such
payment or reimbursement shall exceed the applicable local
market rate'';
(8)(A) by striking subparagraphs (K) and (L) and inserting
the following:
``(K) Limitation on funding.--Notwithstanding any other
provision of this paragraph, the amount of funds a State
agency uses to carry out this paragraph (including under
subparagraph (I)) for participants who are receiving benefits
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) shall not exceed
the amount of funds the State agency used in fiscal year 1995
to carry out this paragraph for participants who were
receiving benefits in fiscal year 1995 under a State program
funded under part A of title IV of the Act (42 U.S.C. 601 et
seq.).''; and
(B) by redesignating subparagraphs (M) and (N) as
subparagraphs (L) and (M), respectively; and
(9) in subparagraph (L), as redesignated by paragraph
(8)(B)--
(A) by striking ``(L)(i) The Secretary'' and inserting
``(L) The Secretary''; and
(B) by striking clause (ii).
(b) Funding.--Section 16(h) of the Act (7 U.S.C. 2025(h))
is amended by striking ``(h)(1)(A) The Secretary'' and all
that follows through the end of paragraph (1) and inserting
the following:
``(h) Funding of Employment and Training Programs.--
``(1) In general.--
``(A) Amounts.--To carry out employment and training
programs, the Secretary shall reserve for allocation to State
agencies from funds made available for each fiscal year under
section 18(a)(1) the amount of--
``(i) for fiscal year 1996, $75,000,000;
``(ii) for fiscal year 1997, $79,000,000;
``(iii) for fiscal year 1998, $81,000,000;
``(iv) for fiscal year 1999, $84,000,000;
``(v) for fiscal year 2000, $86,000,000;
``(vi) for fiscal year 2001, $88,000,000; and
``(vii) for fiscal year 2002, $90,000,000.
``(B) Allocation.--The Secretary shall allocate the amounts
reserved under subparagraph (A) among the State agencies
using a reasonable formula (as determined by the Secretary)
that gives consideration to the population in each State
affected by section 6(o).
``(C) Reallocation.--
``(i) Notification.--A State agency shall promptly notify
the Secretary if the State agency determines that the State
agency
[[Page 1592]]
will not expend all of the funds allocated to the State
agency under subparagraph (B).
``(ii) Reallocation.--On notification under clause (i), the
Secretary shall reallocate the funds that the State agency
will not expend as the Secretary considers appropriate and
equitable.
``(D) Minimum allocation.--Notwithstanding subparagraphs
(A) through (C), the Secretary shall ensure that each State
agency operating an employment and training program shall
receive not less than $50,000 in each fiscal year.''.
(c) Additional Matching Funds.--Section 16(h)(2) of the Act
(7 U.S.C. 2025(h)(2)) is amended by inserting before the
period at the end the following: ``, including the costs for
case management and casework to facilitate the transition
from economic dependency to self-sufficiency through work''.
(d) Reports.--Section 16(h) of the Act (7 U.S.C. 2025(h))
is amended--
(1) in paragraph (5)--
(A) by striking ``(5)(A) The Secretary'' and inserting
``(5) The Secretary''; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (6).
SEC. 1028. COMPARABLE TREATMENT FOR DISQUALIFICATION.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015) is amended by adding at the end the following:
``(i) Comparable Treatment for Disqualification.--
``(1) In general.--If a disqualification is imposed on a
member of a household for a failure of the member to perform
an action required under a Federal, State, or local law
relating to a means-tested public assistance program, the
State agency may impose the same disqualification on the
member of the household under the food stamp program.
``(2) Rules and procedures.--If a disqualification is
imposed under paragraph (1) for a failure of an individual to
perform an action required under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of
title IV of the Act to impose the same disqualification under
the food stamp program.
``(3) Application after disqualification period.--A member
of a household disqualified under paragraph (1) may, after
the disqualification period has expired, apply for benefits
under this Act and shall be treated as a new applicant,
except that a prior disqualification under subsection (d)
shall be considered in determining eligibility.''.
(b) State Plan Provisions.--Section 11(e) of the Act (7
U.S.C. 2020(e)) is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(26) the guidelines the State agency uses in carrying out
section 6(i); and''.
(c) Conforming Amendment.--Section 6(d)(2)(A) of the Act (7
U.S.C. 2015(d)(2)(A)) is amended by striking ``that is
comparable to a requirement of paragraph (1)''.
SEC. 1029. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD
STAMP BENEFITS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by section 1028, is amended by adding at the end the
following:
``(j) Disqualification for Receipt of Multiple Food Stamp
Benefits.--An individual shall be ineligible to participate
in the food stamp program as a member of any household for a
10-year period if the individual is found by a State agency
to have made, or is convicted in a Federal or State court of
having made, a fraudulent statement or representation with
respect to the identity or place of residence of the
individual in order to receive multiple benefits
simultaneously under the food stamp program.''.
SEC. 1030. DISQUALIFICATION OF FLEEING FELONS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by sections 1028 and 1029, is amended by adding at
the end the following:
``(k) Disqualification of Fleeing Felons.--No member of a
household who is otherwise eligible to participate in the
food stamp program shall be eligible to participate in the
program as a member of that or any other household during any
period during which the individual is--
``(1) fleeing to avoid prosecution, or custody or
confinement after conviction, under the law of the place from
which the individual is fleeing, for a crime, or attempt to
commit a crime, that is a felony under the law of the place
from which the individual is fleeing or that, in the case of
New Jersey, is a high misdemeanor under the law of New
Jersey; or
``(2) violating a condition of probation or parole imposed
under a Federal or State law.''.
SEC. 1031. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by sections 1028 through 1030, is amended by adding
at the end the following:
``(l) Custodial Parent's Cooperation With Child Support
Agencies.--
``(1) In general.--At the option of a State agency, subject
to paragraphs (2) and (3), no natural or adoptive parent or
other individual (collectively referred to in this subsection
as `the individual') who is living with and exercising
parental control over a child under the age of 18 who has an
absent parent shall be eligible to participate in the food
stamp program unless the individual cooperates with the State
agency administering the program established under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)--
``(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
``(B) in obtaining support for--
``(i) the child; or
``(ii) the individual and the child.
``(2) Good cause for noncooperation.--Paragraph (1) shall
not apply to the individual if good cause is found for
refusing to cooperate, as determined by the State agency in
accordance with standards prescribed by the Secretary in
consultation with the Secretary of Health and Human Services.
The standards shall take into consideration circumstances
under which cooperation may be against the best interests of
the child.
``(3) Fees.--Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
``(m) Noncustodial Parent's Cooperation With Child Support
Agencies.--
``(1) In general.--At the option of a State agency, subject
to paragraphs (2) and (3), a putative or identified
noncustodial parent of a child under the age of 18 (referred
to in this subsection as `the individual') shall not be
eligible to participate in the food stamp program if the
individual refuses to cooperate with the State agency
administering the program established under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.)--
``(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
``(B) in providing support for the child.
``(2) Refusal to cooperate.--
``(A) Guidelines.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall develop
guidelines on what constitutes a refusal to cooperate under
paragraph (1).
``(B) Procedures.--The State agency shall develop
procedures, using guidelines developed under subparagraph
(A), for determining whether an individual is refusing to
cooperate under paragraph (1).
``(3) Fees.--Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
``(4) Privacy.--The State agency shall provide safeguards
to restrict the use of information collected by a State
agency administering the program established under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)
to purposes for which the information is collected.''.
SEC. 1032. DISQUALIFICATION RELATING TO CHILD SUPPORT
ARREARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by sections 1028 through 1031, is amended by adding
at the end the following:
``(n) Disqualification for Child Support Arrears.--
``(1) In general.--At the option of the State agency, no
individual shall be eligible to participate in the food stamp
program as a member of any household during any month that
the individual is delinquent in any payment due under a court
order for the support of a child of the individual.
``(2) Exceptions.--Paragraph (1) shall not apply if--
``(A) a court is allowing the individual to delay payment;
or
``(B) the individual is complying with a payment plan
approved by a court or the State agency designated under part
D of title IV of the Social Security Act (42 U.S.C. 651 et
seq.) to provide support for the child of the individual.''.
SEC. 1033. WORK REQUIREMENT.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015), as amended by sections 1028 through 1032, is
amended by adding at the end the following:
``(o) Work Requirement.--
``(1) Definition of work program.--In this subsection, the
term `work program' means--
``(A) a program under the Job Training Partnership Act (29
U.S.C. 1501 et seq.);
``(B) a program under section 236 of the Trade Act of 1974
(19 U.S.C. 2296); or
``(C) a program of employment and training operated or
supervised by a State or political subdivision of a State
that meets standards approved by the Governor of the State,
including a program under section 6(d)(4), other than a job
search program or a job search training program.
``(2) Work requirement.--Subject to the other provisions of
this subsection, no individual shall be eligible to
participate in the food stamp program as a member of any
household if, during the preceding 12-month period,
the individual received food stamp benefits for not less
than 4 months during which the individual did not--
``(A) work 20 hours or more per week, averaged monthly; or
``(B) participate in and comply with the requirements of a
work program for 20 hours or more per week, as determined by
the State agency; or
``(C) participate in a program under section 20 or a
comparable program established by a State or political
subdivision of a State.
``(3) Exception.--Paragraph (2) shall not apply to an
individual if the individual is--
``(A) under 18 or over 50 years of age;
``(B) medically certified as physically or mentally unfit
for employment;
``(C) a parent or other member of a household with
responsibility for a dependent child;
``(D) otherwise exempt under section 6(d)(2); or
[[Page 1593]]
``(E) a pregnant woman.
``(4) Waiver.--
``(A) In general.--On the request of a State agency, the
Secretary may waive the applicability of paragraph (2) to any
group of individuals in the State if the Secretary makes a
determination that the area in which the individuals reside--
``(i) has an unemployment rate of over 10 percent; or
``(ii) does not have a sufficient number of jobs to provide
employment for the individuals.
``(B) Report.--The Secretary shall report the basis for a
waiver under subparagraph (A) to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
``(5) Subsequent eligibility.--
``(A) In general.--Paragraph (2) shall cease to apply to an
individual if, during a 30-day period, the individual--
``(i) works 80 or more hours;
``(ii) participates in and complies with the requirements
of a work program for 80 or more hours, as determined by a
State agency; or
``(iii) participates in a program under section 20 or a
comparable program established by a State or political
subdivision of a State.
``(B) Limitation.--During the subsequent 12-month period,
the individual shall be eligible to participate in the food
stamp program for not more than 4 months during which the
individual does not--
``(i) work 20 hours or more per week, averaged monthly;
``(ii) participate in and comply with the requirements of a
work program for 20 hours or more per week, as determined by
the State agency; or
``(iii) participate in a program under section 20 or a
comparable program established by a State or political
subdivision of a State.''.
(b) Transition Provision.--Prior to 1 year after the date
of enactment of this Act, the term ``preceding 12-month
period'' in section 6(o) of the Food Stamp Act of 1977, as
amended by subsection (a), means the preceding period that
begins on the date of enactment of this Act.
SEC. 1034. ENCOURAGE ELECTRONIC BENEFIT TRANSFER SYSTEMS.
(a) In General.--Section 7(i) of the Food Stamp Act of 1977
(7 U.S.C. 2016(i)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Electronic benefit transfers.--
``(A) Implementation.--Each State agency shall implement an
electronic benefit transfer system in which household
benefits determined under section 8(a) or 26 are issued
from and stored in a central databank before October 1,
2002, unless the Secretary provides a waiver for a State
agency that faces unusual barriers to implementing an
electronic benefit transfer system.
``(B) Timely implementation.--State agencies are encouraged
to implement an electronic benefit transfer system under
subparagraph (A) as soon as practicable.
``(C) State flexibility.--Subject to paragraph (2), a State
agency may procure and implement an electronic benefit
transfer system under the terms, conditions, and design that
the State agency considers appropriate.
``(D) Operation.--An electronic benefit transfer system
should take into account generally accepted standard
operating rules based on--
``(i) commercial electronic funds transfer technology;
``(ii) the need to permit interstate operation and law
enforcement monitoring; and
``(iii) the need to permit monitoring and investigations by
authorized law enforcement agencies.'';
(2) in paragraph (2)--
(A) by striking ``effective no later than April 1, 1992,'';
(B) in subparagraph (A)--
(i) by striking ``, in any 1 year,''; and
(ii) by striking ``on-line'';
(C) by striking subparagraph (D) and inserting the
following:
``(D)(i) measures to maximize the security of a system
using the most recent technology available that the State
agency considers appropriate and cost effective and which may
include personal identification numbers, photographic
identification on electronic benefit transfer cards, and
other measures to protect against fraud and abuse; and
``(ii) effective not later than 2 years after the effective
date of this clause, to the extent practicable, measures that
permit a system to differentiate items of food that may be
acquired with an allotment from items of food that may not be
acquired with an allotment.'';
(D) in subparagraph (G), by striking ``and'' at the end;
(E) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(I) procurement standards.''; and
(3) by adding at the end the following:
``(7) Replacement of benefits.--Regulations issued by the
Secretary regarding the replacement of benefits and liability
for replacement of benefits under an electronic benefit
transfer system shall be similar to the regulations in effect
for a paper food stamp issuance system.
``(8) Replacement card fee.--A State agency may collect a
charge for replacement of an electronic benefit transfer card
by reducing the monthly allotment of the household receiving
the replacement card.
``(9) Optional photographic identification.--
``(A) In general.--A State agency may require that an
electronic benefit card contain a photograph of 1 or more
members of a household.
``(B) Other authorized users.--If a State agency requires a
photograph on an electronic benefit card under subparagraph
(A), the State agency shall establish procedures to ensure
that any other appropriate member of the household or any
authorized representative of the household may utilize the
card.
``(10) Application of anti-tying restrictions to electronic
benefit transfer systems.--
``(A) In general.--A company shall not sell or provide
electronic benefit transfer services, or fix or vary the
consideration for such services, on the condition or
requirement that the customer--
``(i) obtain some additional point-of-sale service from the
company or any affiliate of the company; or
``(ii) not obtain some additional point-of-sale service
from a competitor of the company or competitor of any
affiliate of the company.
``(B) Definitions.--In this paragraph--
``(i) Affiliate.--The term `affiliate' shall have the same
meaning as in section 2(k) of the Bank Holding Company Act.
``(ii) Company.--The term `company' shall have the same
meaning as in section 106(a) of the Bank Holding Company Act
Amendments of 1970, but shall not include a bank, bank
holding company, or any subsidiary of a bank holding company.
``(iii) Electronic benefit transfer service.--The term
`electronic benefit transfer service' means the processing of
electronic transfers of household benefits determined under
section 8(a) or 26 where the benefits are--
``(I) issued from and stored in a central databank;
``(II) electronically accessed by household members at the
point of sale; and
``(III) provided by a Federal or state government.
``(iv) Point-of-sale service.--The term `point-of-sale
service' means any product or service related to the
electronic authorization and processing of payments for
merchandise at a retail food store, including but not limited
to credit or debit card services, automated teller machines,
point-of-sale terminals, or access to on-line systems.
``(C) Consultation with the federal reserve board.--Before
promulgating regulations or interpretations of regulations to
carry out this paragraph, the Secretary shall consult with
the Board of Governors of the Federal Reserve System.''.
(b) Sense of Congress.--It is the sense of Congress that a
State that operates an electronic benefit transfer system
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)
should operate the system in a manner that is compatible with
electronic benefit transfer systems operated by other States.
SEC. 1035. VALUE OF MINIMUM ALLOTMENT.
The proviso in section 8(a) of the Food Stamp Act of 1977
(7 U.S.C. 2017(a)) is amended by striking ``, and shall be
adjusted'' and all that follows through ``$5''.
SEC. 1036. BENEFITS ON RECERTIFICATION.
Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)(2)(B)) is amended by striking ``of more than one
month''.
SEC. 1037. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED
HOUSEHOLDS.
Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)) is amended by striking paragraph (3) and inserting
the following:
``(3) Optional combined allotment for expedited
households.--A State agency may provide to an eligible
household applying after the 15th day of a month, in lieu of
the initial allotment of the household and the regular
allotment of the household for the following month, an
allotment that is equal to the total amount of the initial
allotment and the first regular allotment. The allotment
shall be provided in accordance with section 11(e)(3) in the
case of a household that is not entitled to expedited service
and in accordance with paragraphs (3) and (9) of section
11(e) in the case of a household that is entitled to
expedited service.''.
SEC. 1038. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC
ASSISTANCE PROGRAMS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is
amended by striking subsection (d) and inserting the
following:
``(d) Reduction of Public Assistance Benefits.--
``(1) In general.--If the benefits of a household are
reduced under a Federal, State, or local law relating to a
means-tested public assistance program for the failure of a
member of the household to perform an action required under
the law or program, for the duration of the reduction--
``(A) the household may not receive an increased allotment
as the result of a decrease in the income of the household to
the extent that the decrease is the result of the reduction;
and
``(B) the State agency may reduce the allotment of the
household by not more than 25 percent.
``(2) Rules and procedures.--If the allotment of a
household is reduced under this subsection for a failure to
perform an action required under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of
title IV of
[[Page 1594]]
the Act to reduce the allotment under the food stamp
program.''.
SEC. 1039. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is
amended by adding at the end the following:
``(f) Allotments for Households Residing in Centers.--
``(1) In general.--In the case of an individual who resides
in a center for the purpose of a drug or alcoholic treatment
program described in the last sentence of section 3(i), a
State agency may provide an allotment for the individual to--
``(A) the center as an authorized representative of the
individual for a period that is less than 1 month; and
``(B) the individual, if the individual leaves the center.
``(2) Direct payment.--A State agency may require an
individual referred to in paragraph (1) to designate the
center in which the individual resides as the authorized
representative of the individual for the purpose of receiving
an allotment.''.
SEC. 1040. CONDITION PRECEDENT FOR APPROVAL OF RETAIL FOOD
STORES AND WHOLESALE FOOD CONCERNS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(1)) is amended by adding at the end the following:
``No retail food store or wholesale food concern of a type
determined by the Secretary, based on factors that include
size, location, and type of items sold, shall be approved to
be authorized or reauthorized for participation in the food
stamp program unless an authorized employee of the Department
of Agriculture, a designee of the Secretary, or, if
practicable, an official of the State or local government
designated by the Secretary has visited the store or concern
for the purpose of determining whether the store or concern
should be approved or reauthorized, as appropriate.''.
SEC. 1041. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS.
Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)) is amended by adding at the end the following:
``(3) Authorization periods.--The Secretary shall establish
specific time periods during which authorization to accept
and redeem coupons, or to redeem benefits through an
electronic benefit transfer system, shall be valid under the
food stamp program.''.
SEC. 1042. INFORMATION FOR VERIFYING ELIGIBILITY FOR
AUTHORIZATION.
Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C.
2018(c)) is amended--
(1) in the first sentence, by inserting ``, which may
include relevant income and sales tax filing documents,''
after ``submit information''; and
(2) by inserting after the first sentence the following:
``The regulations may require retail food stores
and wholesale food concerns to provide written
authorization for the Secretary to verify all relevant tax
filings with appropriate agencies and to obtain
corroborating documentation from other sources so that the
accuracy of information provided by the stores and
concerns may be verified.''.
SEC. 1043. WAITING PERIOD FOR STORES THAT FAIL TO MEET
AUTHORIZATION CRITERIA.
Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C.
2018(d)) is amended by adding at the end the following: ``A
retail food store or wholesale food concern that is denied
approval to accept and redeem coupons because the store or
concern does not meet criteria for approval established by
the Secretary may not, for at least 6 months, submit a new
application to participate in the program. The Secretary may
establish a longer time period under the preceding sentence,
including permanent disqualification, that reflects the
severity of the basis of the denial.''.
SEC. 1044. OPERATION OF FOOD STAMP OFFICES.
Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020),
as amended by sections 1020(b) and 1028(b), is amended--
(1) in subsection (e)--
(A) by striking paragraph (2) and inserting the following:
``(2)(A) that the State agency shall establish procedures
governing the operation of food stamp offices that the State
agency determines best serve households in the State,
including households with special needs, such as households
with elderly or disabled members, households in rural areas
with low-income members, homeless individuals, households
residing on reservations, and households in areas in which a
substantial number of members of low-income households speak
a language other than English;
``(B) that in carrying out subparagraph (A), a State
agency--
``(i) shall provide timely, accurate, and fair service to
applicants for, and participants in, the food stamp program;
``(ii) shall develop an application containing the
information necessary to comply with this Act;
``(iii) shall permit an applicant household to apply to
participate in the program on the same day that the household
first contacts a food stamp office in person during office
hours;
``(iv) shall consider an application that contains the
name, address, and signature of the applicant to be filed on
the date the applicant submits the application;
``(v) shall require that an adult representative of each
applicant household certify in writing, under penalty of
perjury, that--
``(I) the information contained in the application is true;
and
``(II) all members of the household are citizens or are
aliens eligible to receive food stamps under section 6(f);
``(vi) shall provide a method of certifying and issuing
coupons to eligible homeless individuals, to ensure that
participation in the food stamp program is limited to
eligible households; and
``(vii) may establish operating procedures that vary for
local food stamp offices to reflect regional and local
differences within the State;
``(C) that nothing in this Act shall prohibit the use of
signatures provided and maintained electronically, storage of
records using automated retrieval systems only, or any other
feature of a State agency's application system that does not
rely exclusively on the collection and retention of paper
applications or other records;
``(D) that the signature of any adult under this paragraph
shall be considered sufficient to comply with any provision
of Federal law requiring a household member to sign an
application or statement;'';
(B) in paragraph (3), as amended by section 1020(b)--
(i) by striking ``shall--'' and all that follows through
``provide each'' and inserting ``shall provide each''; and
(ii) by striking ``(B) assist'' and all that follows
through ``representative of the State agency;'';
(C) by striking paragraphs (14) and (25);
(D)(i) by redesignating paragraphs (15) through (24) as
paragraphs (14) through (23), respectively; and
(ii) by redesignating paragraph (26), as added by section
1028(b), as paragraph (24); and
(2) in subsection (i)--
(A) by striking ``(i) Notwithstanding'' and all that
follows through ``(2)'' and inserting the following:
``(i) Application and Denial Procedures.--
``(1) Application procedures.--Notwithstanding any other
provision of law,''; and
(B) by striking ``; (3) households'' and all that follows
through ``title IV of the Social Security Act. No'' and
inserting a period and the following:
``(2) Denial and termination.--Other than in a case of
disqualification as a penalty for failure to comply with a
public assistance program rule or regulation, no''.
SEC. 1045. STATE EMPLOYEE AND TRAINING STANDARDS.
Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(6)) is amended--
(1) by striking ``that (A) the'' and inserting ``that--
``(A) the'';
(2) by striking ``Act; (B) the'' and inserting ``Act; and
``(B) the'';
(3) in subparagraph (B), by striking ``United States Civil
Service Commission'' and inserting ``Office of Personnel
Management''; and
(4) by striking subparagraphs (C) through (E).
SEC. 1046. EXCHANGE OF LAW ENFORCEMENT INFORMATION.
Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(8)) is amended--
(1) by striking ``that (A) such'' and inserting the
following: ``that--
``(A) the'';
(2) by striking ``law, (B) notwithstanding'' and inserting
the following: ``law;
``(B) notwithstanding'';
(3) by striking ``Act, and (C) such'' and inserting the
following: ``Act;
``(C) the''; and
(4) by adding at the end the following:
``(D) notwithstanding any other provision of law, the
address, social security number, and, if available,
photograph of any member of a household shall be made
available, on request, to any Federal, State, or local law
enforcement officer if the officer furnishes the State agency
with the name of the member and notifies the agency that--
``(i) the member--
``(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime (or attempt to
commit a crime) that, under the law of the place the member
is fleeing, is a felony (or, in the case of New Jersey, a
high misdemeanor), or is violating a condition of probation
or parole imposed under Federal or State law; or
``(II) has information that is necessary for the officer to
conduct an official duty related to subclause (I);
``(ii) locating or apprehending the member is an official
duty; and
``(iii) the request is being made in the proper exercise of
an official duty; and
``(E) the safeguards shall not prevent compliance with
paragraph (16);''.
SEC. 1047. EXPEDITED COUPON SERVICE.
Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(9)) is amended--
(1) in subparagraph (A)--
(A) by striking ``five days'' and inserting ``7 days''; and
(B) by inserting ``and'' at the end;
(2) by striking subparagraphs (B) and (C);
(3) by redesignating subparagraph (D) as subparagraph (B);
and
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking ``, (B), or (C)''.
SEC. 1048. WITHDRAWING FAIR HEARING REQUESTS.
Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(10)) is amended by inserting before the semicolon at
the end a period and the following: ``At the option of a
State, at any time prior to a fair hearing determination
under this paragraph, a household may withdraw, orally or in
writing, a request by the household for the fair hear
[[Page 1595]]
ing. If the withdrawal request is an oral request, the State
agency shall provide a written notice to the household
confirming the withdrawal request and providing the household
with an opportunity to request a hearing''.
SEC. 1049. INCOME, ELIGIBILITY, AND IMMIGRATION STATUS
VERIFICATION SYSTEMS.
Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is
amended--
(1) in subsection (e)(18), as redesignated by section
1044(1)(D)--
(A) by striking ``that information is'' and inserting ``at
the option of the State agency, that information may be'';
and
(B) by striking ``shall be requested'' and inserting ``may
be requested''; and
(2) by adding at the end the following:
``(p) State Verification Option.--Notwithstanding any other
provision of law, in carrying out the food stamp program, a
State agency shall not be required to use an income and
eligibility or an immigration status verification system
established under section 1137 of the Social Security Act (42
U.S.C. 1320b-7).''.
SEC. 1050. DISQUALIFICATION OF RETAILERS WHO INTENTIONALLY
SUBMIT FALSIFIED APPLICATIONS.
Section 12(b) of the Food Stamp Act of 1977 (7 U.S.C.
2021(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) for a reasonable period of time to be determined by
the Secretary, including permanent disqualification, on the
knowing submission of an application for the approval or
reauthorization to accept and redeem coupons that contains
false information about a substantive matter that was a part
of the application.''.
SEC. 1051. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED
UNDER THE WIC PROGRAM.
Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is
amended by adding at the end the following:
``(g) Disqualification of Retailers Who Are Disqualified
Under the WIC Program.--
``(1) In general.--The Secretary shall issue regulations
providing criteria for the disqualification under this Act of
an approved retail food store and a wholesale food concern
that is disqualified from accepting benefits under the
special supplemental nutrition program for women, infants,
and children established under section 17 of the Child
Nutrition Act of 1966 (7 U.S.C. 1786).
``(2) Terms.--A disqualification under paragraph (1)--
``(A) shall be for the same length of time as the
disqualification from the program referred to in paragraph
(1);
``(B) may begin at a later date than the disqualification
from the program referred to in paragraph (1); and
``(C) notwithstanding section 14, shall not be subject to
judicial or administrative review.''.
SEC. 1052. COLLECTION OF OVERISSUANCES.
(a) Collection of Overissuances.--Section 13 of the Food
Stamp Act of 1977 (7 U.S.C. 2022) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Collection of Overissuances.--
``(1) In general.--Except as otherwise provided in this
subsection, a State agency shall collect any overissuance of
coupons issued to a household by--
``(A) reducing the allotment of the household;
``(B) withholding amounts from unemployment compensation
from a member of the household under subsection (c);
``(C) recovering from Federal pay or a Federal income tax
refund under subsection (d); or
``(D) any other means.
``(2) Cost effectiveness.--Paragraph (1) shall not apply if
the State agency demonstrates to the satisfaction of the
Secretary that all of the means referred to in paragraph (1)
are not cost effective.
``(3) Maximum reduction absent fraud.--If a household
received an overissuance of coupons without any member of the
household being found ineligible to participate in the
program under section 6(b)(1) and a State agency elects to
reduce the allotment of the household under paragraph (1)(A),
the State agency shall not reduce the monthly allotment of
the household under paragraph (1)(A) by an amount in excess
of the greater of--
``(A) 10 percent of the monthly allotment of the household;
or
``(B) $10.
``(4) Procedures.--A State agency shall collect an
overissuance of coupons issued to a household under paragraph
(1) in accordance with the requirements established by the
State agency for providing notice, electing a means of
payment, and establishing a time schedule for payment.''; and
(2) in subsection (d)--
(A) by striking ``as determined under subsection (b) and
except for claims arising from an error of the State
agency,'' and inserting ``, as determined under subsection
(b)(1),''; and
(B) by inserting before the period at the end the
following: ``or a Federal income tax refund as authorized by
section 3720A of title 31, United States Code''.
(b) Conforming Amendments.--Section 11(e)(8) of the Act (7
U.S.C. 2020(e)(8)) is amended--
(1) by striking ``and excluding claims'' and all that
follows through ``such section''; and
(2) by inserting before the semicolon at the end the
following: ``or a Federal income tax refund as authorized by
section 3720A of title 31, United States Code''.
(c) Retention Rate.--Section 16(a) of the Act (7 U.S.C.
2025(a)) is amended by striking ``25 percent during the
period beginning October 1, 1990'' and all that follows
through ``error of a State agency'' and inserting the
following: ``25 percent of the overissuances collected by the
State agency under section 13, except those overissuances
arising from an error of the State agency''.
SEC. 1053. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM
REQUIREMENTS PENDING ADMINISTRATIVE AND
JUDICIAL REVIEW.
Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C.
2023(a)) is amended--
(1) by redesignating the first through seventeenth
sentences as paragraphs (1) through (17), respectively; and
(2) by adding at the end the following:
``(18) Suspension of stores pending review.--
Notwithstanding any other provision of this subsection, any
permanent disqualification of a retail food store or
wholesale food concern under paragraph (3) or (4) of section
12(b) shall be effective from the date of receipt of the
notice of disqualification. If the disqualification is
reversed through administrative or judicial review, the
Secretary shall not be liable for the value of any sales lost
during the disqualification period.''.
SEC. 1054. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS.
(a) Forfeiture of Items Exchanged in Food Stamp
Trafficking.--The first sentence of section 15(g) of the Food
Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking
``or intended to be furnished''.
(b) Criminal Forfeiture.--Section 15 of the Act (7 U.S.C.
2024) is amended by adding at the end the following:
``(h) Criminal Forfeiture.--
``(1) In general.--In imposing a sentence on a person
convicted of an offense in violation of subsection (b) or
(c), a court shall order, in addition to any other sentence
imposed under this subsection, that the person forfeit to the
United States all property described in paragraph (2).
``(2) Property subject to forfeiture.--All property, real
and personal, used in a transaction or attempted transaction,
to commit, or to facilitate the commission of, a violation
(other than a misdemeanor) of subsection (b) or (c), or
proceeds traceable to a violation of subsection (b) or (c),
shall be subject to forfeiture to the United States under
paragraph (1).
``(3) Interest of owner.--No interest in property shall be
forfeited under this subsection as the result of any act or
omission established by the owner of the interest to have
been committed or omitted without the knowledge or consent of
the owner.
``(4) Proceeds.--The proceeds from any sale of forfeited
property and any monies forfeited under this subsection shall
be used--
``(A) first, to reimburse the Department of Justice for the
costs incurred by the Department to initiate and complete the
forfeiture proceeding;
``(B) second, to reimburse the Department of Agriculture
Office of Inspector General for any costs the Office incurred
in the law enforcement effort resulting in the forfeiture;
``(C) third, to reimburse any Federal or State law
enforcement agency for any costs incurred in the law
enforcement effort resulting in the forfeiture; and
``(D) fourth, by the Secretary to carry out the approval,
reauthorization, and compliance investigations of retail
stores and wholesale food concerns under section 9.''.
SEC. 1055. LIMITATION OF FEDERAL MATCH.
Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)(4)) is amended by inserting after the comma at the
end the following: ``but not including recruitment
activities,''.
SEC. 1056. STANDARDS FOR ADMINISTRATION.
(a) In General.--Section 16 of the Food Stamp Act of 1977
(7 U.S.C. 2025) is amended by striking subsection (b).
(b) Conforming Amendments.--
(1) The first sentence of section 11(g) of the Act (7
U.S.C. 2020(g)) is amended by striking ``the Secretary's
standards for the efficient and effective administration of
the program established under section 16(b)(1) or''.
(2) Section 16(c)(1)(B) of the Act (7 U.S.C. 2025(c)(1)(B))
is amended by striking ``pursuant to subsection (b)''.
SEC. 1057. WORK SUPPLEMENTATION OR SUPPORT PROGRAM.
Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025),
as amended by section 1056(a), is amended by inserting after
subsection (a) the following:
``(b) Work Supplementation or Support Program.--
``(1) Definition of work supplementation or support
program.--In this subsection, the term `work supplementation
or support program' means a program under which, as
determined by the Secretary, public assistance (including any
benefits provided under a program established by the State
and the food stamp program) is provided to an employer to be
used for hiring and employing a public assistance recipient
who was not employed by the employer at the time the public
assistance recipient entered the program.
``(2) Program.--A State agency may elect to use an amount
equal to the allotment
[[Page 1596]]
that would otherwise be issued to a household under the food
stamp program, but for the operation of this subsection, for
the purpose of subsidizing or supporting a job under a work
supplementation or support program established by the State.
``(3) Procedure.--If a State agency makes an election under
paragraph (2) and identifies each household that participates
in the food stamp program that contains an individual who is
participating in the work supplementation or support
program--
``(A) the Secretary shall pay to the State agency an amount
equal to the value of the allotment that the household would
be eligible to receive but for the operation of this
subsection;
``(B) the State agency shall expend the amount received
under subparagraph (A) in accordance with the work
supplementation or support program in lieu of providing the
allotment that the household would receive but for the
operation of this subsection;
``(C) for purposes of--
``(i) sections 5 and 8(a), the amount received under this
subsection shall be excluded from household income and
resources; and
``(ii) section 8(b), the amount received under this
subsection shall be considered to be the value of an
allotment provided to the household; and
``(D) the household shall not receive an allotment from the
State agency for the period during which the member continues
to participate in the work supplementation or support
program.
``(4) Other work requirements.--No individual shall be
excused, by reason of the fact that a State has a work
supplementation or support program, from any work requirement
under section 6(d), except during the periods in which the
individual is employed under the work supplementation or
support program.
``(5) Length of participation.--A State agency shall
provide a description of how the public assistance recipients
in the program shall, within a specific period of time, be
moved from supplemented or supported employment to employment
that is not supplemented or supported.
``(6) Displacement.--A work supplementation or support
program shall not displace the employment of individuals who
are not supplemented or supported.''.
SEC. 1058. WAIVER AUTHORITY.
Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) in subparagraph (A)--
(A) by striking the second sentence; and
(B) by striking ``benefits to eligible households,
including'' and inserting the following: ``benefits to
eligible households, and may waive any requirement of this
Act to the extent necessary for the project to be conducted.
``(B) Project requirements.--
``(i) Program goal.--The Secretary may not conduct a
project under subparagraph (A) unless the project is
consistent with the goal of the food stamp program of
providing food assistance to raise levels of nutrition among
low-income individuals.
``(ii) Permissible projects.--The Secretary may conduct a
project under subparagraph (A) to--
``(I) improve program administration;
``(II) increase the self-sufficiency of food stamp
recipients;
``(III) test innovative welfare reform strategies; and
``(IV) allow greater conformity with the rules of other
programs than would be allowed but for this paragraph.
``(iii) Impermissible projects.--The Secretary may not
conduct a project under subparagraph (A) that--
``(I) involves the payment of the value of an allotment in
the form of cash, unless the project was approved prior to
the date of enactment of this subparagraph;
``(II) substantially transfers funds made available under
this Act to services or benefits provided primarily through
another public assistance program; or
``(III) is not limited to a specific time period.
``(iv) Additional included projects.--Pilot or experimental
projects may include''.
SEC. 1059. RESPONSE TO WAIVERS.
Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)), as amended by section 1058, is amended by adding
at the end the following:
``(D) Response to waivers.--
``(i) Response.--Not later than 60 days after the date of
receiving a request for a waiver under subparagraph (A), the
Secretary shall provide a response that--
``(I) approves the waiver request;
``(II) denies the waiver request and explains any
modification needed for approval of the waiver request;
``(III) denies the waiver request and explains the grounds
for the denial; or
``(IV) requests clarification of the waiver request.
``(ii) Failure to respond.--If the Secretary does not
provide a response in accordance with clause (i), the waiver
shall be considered approved, unless the approval is
specifically prohibited by this Act.
``(iii) Notice of denial.--On denial of a waiver request
under clause (i)(III), the Secretary shall provide a copy of
the waiver request and a description of the reasons for the
denial to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.''.
SEC. 1060. EMPLOYMENT INITIATIVES PROGRAM.
Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is
amended by striking subsection (d) and inserting the
following:
``(d) Employment Initiatives Program.--
``(1) Election to participate.--
``(A) In general.--Subject to the other provisions of this
subsection, a State may elect to carry out an employment
initiatives program under this subsection.
``(B) Requirement.--A State shall be eligible to carry out
an employment initiatives program under this subsection only
if not less than 50 percent of the households that
received food stamp benefits during the summer of 1993
also received benefits under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) during the summer of 1993.
``(2) Procedure.--
``(A) In general.--A State that has elected to carry out an
employment initiatives program under paragraph (1) may use
amounts equal to the food stamp allotments that would
otherwise be issued to a household under the food stamp
program, but for the operation of this subsection, to provide
cash benefits in lieu of the food stamp allotments to the
household if the household is eligible under paragraph (3).
``(B) Payment.--The Secretary shall pay to each State that
has elected to carry out an employment initiatives program
under paragraph (1) an amount equal to the value of the
allotment that each household would be eligible to receive
under this Act but for the operation of this subsection.
``(C) Other provisions.--For purposes of the food stamp
program (other than this subsection)--
``(i) cash assistance under this subsection shall be
considered to be an allotment; and
``(ii) each household receiving cash benefits under this
subsection shall not receive any other food stamp benefit for
the period for which the cash assistance is provided.
``(D) Additional payments.--Each State that has elected to
carry out an employment initiatives program under paragraph
(1) shall--
``(i) increase the cash benefits provided to each household
under this subsection to compensate for any State or local
sales tax that may be collected on purchases of food by any
household receiving cash benefits under this subsection,
unless the Secretary determines on the basis of information
provided by the State that the increase is unnecessary on the
basis of the limited nature of the items subject to the State
or local sales tax; and
``(ii) pay the cost of any increase in cash benefits
required by clause (i).
``(3) Eligibility.--A household shall be eligible to
receive cash benefits under paragraph (2) if an adult member
of the household--
``(A) has worked in unsubsidized employment for not less
than the preceding 90 days;
``(B) has earned not less than $350 per month from the
employment referred to in subparagraph (A) for not less than
the preceding 90 days;
``(C)(i) is receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.); or
``(ii) was receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) at the time the member first received
cash benefits under this subsection and is no longer eligible
for the State program because of earned income;
``(D) is continuing to earn not less than $350 per month
from the employment referred to in subparagraph (A); and
``(E) elects to receive cash benefits in lieu of food stamp
benefits under this subsection.
``(4) Evaluation.--A State that operates a program under
this subsection for 2 years shall provide to the Secretary a
written evaluation of the impact of cash assistance under
this subsection. The State agency, with the concurrence of
the Secretary, shall determine the content of the
evaluation.''.
SEC. 1061. REAUTHORIZATION.
The first sentence of section 18(a)(1) of the Food Stamp
Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking
``1991 through 1997'' and inserting ``1996 through 2002''.
SEC. 1062. SIMPLIFIED FOOD STAMP PROGRAM.
(a) In General.--The Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.) is amended by adding at the end the following:
``SEC. 26. SIMPLIFIED FOOD STAMP PROGRAM.
``(a) Definition of Federal Costs.--In this section, the
term `Federal costs' does not include any Federal costs
incurred under section 17.
``(b) Election.--Subject to subsection (d), a State may
elect to carry out a Simplified Food Stamp Program (referred
to in this section as a `Program'), statewide or in a
political subdivision of the State, in accordance with this
section.
``(c) Operation of Program.--If a State elects to carry out
a Program, within the State or a political subdivision of the
State--
``(1) a household in which all members receive assistance
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) shall
automatically be eligible to participate in the Program; and
``(2) subject to subsection (f), benefits under the Program
shall be determined under rules and procedures established by
the State under--
[[Page 1597]]
``(A) a State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.);
``(B) the food stamp program (other than section 27); or
``(C) a combination of a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) and the food stamp program (other than section 27).
``(d) Approval of Program.--
``(1) State plan.--A State agency may not operate a Program
unless the Secretary approves a State plan for the operation
of the Program under paragraph (2).
``(2) Approval of plan.--The Secretary shall approve any
State plan to carry out a Program if the Secretary determines
that the plan--
``(A) complies with this section; and
``(B) contains sufficient documentation that the plan will
not increase Federal costs for any fiscal year.
``(e) Increased Federal Costs.--
``(1) Determination.--During each fiscal year and not later
than 90 days after the end of each fiscal year, the Secretary
shall determine whether a Program being carried out by a
State agency is increasing Federal costs under this Act above
the Federal costs incurred under the food stamp program in
operation in the State or political subdivision of the State
for the fiscal year prior to the implementation of the
Program, adjusted for any changes in--
``(A) participation;
``(B) the income of participants in the food stamp program
that is not attributable to public assistance; and
``(C) the thrifty food plan under section 3(o).
``(2) Notification.--If the Secretary determines that the
Program has increased Federal costs under this Act for any
fiscal year or any portion of any fiscal year, the Secretary
shall notify the State not later than 30 days after the
Secretary makes the determination under paragraph (1).
``(3) Enforcement.--
``(A) Corrective action.--Not later than 90 days after the
date of a notification under paragraph (2), the State shall
submit a plan for approval by the Secretary for prompt
corrective action that is designed to prevent the Program
from increasing Federal costs under this Act.
``(B) Termination.--If the State does not submit a plan
under subparagraph (A) or carry out a plan approved by the
Secretary, the Secretary shall terminate the approval of the
State agency operating the Program and the State agency shall
be ineligible to operate a future Program.
``(f) Rules and Procedures.--
``(1) In general.--In operating a Program, a State or
political subdivision of a State may follow the rules and
procedures established by the State or political subdivision
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under the food
stamp program.
``(2) Standardized deductions.--In operating a Program, a
State or political subdivision of a State may standardize the
deductions provided under section 5(e). In developing the
standardized deduction, the State shall consider the work
expenses, dependent care costs, and shelter costs of
participating households.
``(3) Requirements.--In operating a Program, a State or
political subdivision shall comply with the requirements of--
``(A) subsections (a) through (g) of section 7;
``(B) section 8(a) (except that the income of a household
may be determined under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.));
``(C) subsection (b) and (d) of section 8;
``(D) subsections (a), (c), (d), and (n) of section 11;
``(E) paragraphs (8), (12), (16), (18), (20), (24), and
(25) of section 11(e);
``(F) section 11(e)(10) (or a comparable requirement
established by the State under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.)); and
``(G) section 16.
``(4) Limitation on eligibility.--Notwithstanding any other
provision of this section, a household may not receive
benefits under this section as a result of the eligibility of
the household under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.),
unless the Secretary determines that any household with
income above 130 percent of the poverty guidelines is not
eligible for the program.''.
(b) State Plan Provisions.--Section 11(e) of the Act (7
U.S.C. 2020(e)), as amended by sections 1020(b), 1028(b), and
1044, is amended by adding at the end the following:
``(25) if a State elects to carry out a Simplified Food
Stamp Program under section 26, the plans of the State agency
for operating the program, including--
``(A) the rules and procedures to be followed by the State
agency to determine food stamp benefits;
``(B) how the State agency will address the needs of
households that experience high shelter costs in relation to
the incomes of the households; and
``(C) a description of the method by which the State agency
will carry out a quality control system under section
16(c).''.
(c) Conforming Amendments.--
(1) Section 8 of the Act (7 U.S.C. 2017), as amended by
section 1039, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(2) Section 17 of the Act (7 U.S.C. 2026) is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) through (l) as
subsections (i) through (k), respectively.
SEC. 1063. STATE FOOD ASSISTANCE BLOCK GRANT.
(a) In General.--The Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.), as amended by section 1062, is amended by adding at
the end the following:
``SEC. 27. STATE FOOD ASSISTANCE BLOCK GRANT.
``(a) Definitions.--In this section:
``(1) Food assistance.--The term `food assistance' means
assistance that may be used only to obtain food, as defined
in section 3(g).
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, Guam, and the Virgin Islands of the
United States.
``(b) Establishment.--The Secretary shall establish a
program to make grants to States in accordance with this
section to provide--
``(1) food assistance to needy individuals and families
residing in the State; and
``(2) funds for administrative costs incurred in providing
the assistance.
``(c) Election.--
``(1) In general.--A State may annually elect to
participate in the program established under subsection (b)
if the State--
``(A) has fully implemented an electronic benefit transfer
system that operates in the entire State;
``(B) has a payment error rate under section 16(c) that is
not more than 6 percent as announced most recently by the
Secretary; or
``(C) has a payment error rate in excess of 6 percent and
agrees to contribute non-Federal funds for the fiscal year of
the grant, for benefits and administration of the State's
food assistance program, the amount determined under
paragraph (2).
``(2) State mandatory contributions.--
``(A) In general.--In the case of a State that elects to
participate in the program under paragraph (1)(C), the State
shall agree to contribute, for a fiscal year, an amount equal
to--
``(i) the benefits issued in the State; multiplied by
``(ii) the payment error rate of the State; minus
``(B)(i) the benefits issued in the State; multiplied by
``(ii) 6 percent.
``(B) Determination.--Notwithstanding sections 13 and 14,
the calculation of the contribution shall be based solely on
the determination of the Secretary of the payment error rate.
``(C) Data.--For purposes of implementing subparagraph (A)
for a fiscal year, the Secretary shall use the data for the
most recent fiscal year available.
``(3) Election limitation.--
``(A) Re-entering food stamp program.--A State that elects
to participate in the program under paragraph (1) may in a
subsequent year decline to elect to participate in the
program and instead participate in the food stamp program in
accordance with the other sections of this Act.
``(B) Limitation.--Subsequent to re-entering the food stamp
program under subparagraph (A), the State shall only be
eligible to participate in the food stamp program in
accordance with the other sections of this Act and shall not
be eligible to elect to participate in the program
established under subsection (b).
``(4) Program exclusive.--
``(A) In general.--A State that is participating in the
program established under subsection (b) shall not be subject
to, or receive any benefit under, this Act except as provided
in this section.
``(B) Contract with federal government.--Nothing in this
section shall prohibit a State from contracting with the
Federal Government for the provision of services or materials
necessary to carry out a program under this section.
``(d) Lead Agency.--A State desiring to receive a grant
under this section shall designate, in an application
submitted to the Secretary under subsection (e)(1), an
appropriate State agency responsible for the
administration of the program under this section as the
lead agency.
``(e) Application and Plan.--
``(1) Application.--To be eligible to receive assistance
under this section, a State shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary shall by
regulation require, including--
``(A) an assurance that the State will comply with the
requirements of this section;
``(B) a State plan that meets the requirements of paragraph
(3); and
``(C) an assurance that the State will comply with the
requirements of the State plan under paragraph (3).
``(2) Annual plan.--The State plan contained in the
application under paragraph (1) shall be submitted for
approval annually.
``(3) Requirements of plan.--
``(A) Lead agency.--The State plan shall identify the lead
agency.
``(B) Use of block grant funds.--The State plan shall
provide that the State shall use the amounts provided to the
State for each fiscal year under this section--
``(i) to provide food assistance to needy individuals and
families residing in the State, other than residents of
institutions who are
[[Page 1598]]
ineligible for food stamps under section 3(i); and
``(ii) to pay administrative costs incurred in providing
the assistance.
``(C) Groups served.--The State plan shall describe how and
to what extent the program will serve specific groups of
individuals and families and how the treatment will differ
from treatment under the food stamp program under the other
sections of this Act of the individuals and families,
including--
``(i) elderly individuals and families;
``(ii) migrants or seasonal farmworkers;
``(iii) homeless individuals and families;
``(iv) individuals and families who live in institutions
eligible under section 3(i);
``(v) individuals and families with earnings; and
``(vi) members of Indian tribes or tribal organizations.
``(D) Assistance for entire state.--The State plan shall
provide that benefits under this section shall be available
throughout the entire State.
``(E) Notice and hearings.--The State plan shall provide
that an individual or family who applies for, or receives,
assistance under this section shall be provided with notice
of, and an opportunity for a hearing on, any action under
this section that adversely affects the individual or family.
``(F) Assessment of Needs.--The State plan shall assess the
food and nutrition needs of needy persons residing in the
State.
``(G) Eligibility standards.--The State plan shall describe
the income, resource, and other eligibility standards that
are established for the receipt of assistance under this
section.
``(H) Disqualification of fleeing felons.--The State plan
shall provide for the disqualification of any individual who
would be disqualified from participating in the food stamp
program under section 6(k).
``(I) Receiving benefits in more than 1 jurisdiction.--The
State plan shall establish a system for the exchange of
information with other States to verify the identity and
receipt of benefits by recipients.
``(J) Privacy.--The State plan shall provide for
safeguarding and restricting the use and disclosure
of information about any individual or family receiving
assistance under this section.
``(K) Other information.--The State plan shall contain such
other information as may be required by the Secretary.
``(4) Approval of application and plan.--The Secretary
shall approve an application and State plan that satisfies
the requirements of this section.
``(f) No Individual or Family Entitlement to Assistance.--
Nothing in this section--
``(1) entitles any individual or family to assistance under
this section; or
``(2) limits the right of a State to impose additional
limitations or conditions on assistance under this section.
``(g) Benefits for Aliens.--
``(1) Eligibility.--No individual who is an alien shall be
eligible to receive benefits under a State plan approved
under subsection (e)(4) if the individual is not eligible to
participate in the food stamp program due to the alien status
of the individual.
``(2) Income.--The State plan shall provide that the income
of an alien shall be determined in accordance with section
5(i).
``(h) Employment and Training.--
``(1) Work requirements.--No individual or household shall
be eligible to receive benefits under a State plan funded
under this section if the individual or household is not
eligible to participate in the food stamp program under
subsection (d) or (o) of section 6.
``(2) Work programs.--Each State shall implement an
employment and training program in accordance with the terms
and conditions of section 6(d)(4) for individuals under the
program and shall be eligible to receive funding under
section 16(h).
``(i) Enforcement.--
``(1) Review of compliance with state plan.--The Secretary
shall review and monitor State compliance with this section
and the State plan approved under subsection (e)(4).
``(2) Noncompliance.--
``(A) In general.--If the Secretary, after reasonable
notice to a State and opportunity for a hearing, finds that--
``(i) there has been a failure by the State to comply
substantially with any provision or requirement set forth in
the State plan approved under subsection (e)(4); or
``(ii) in the operation of any program or activity for
which assistance is provided under this section, there is a
failure by the State to comply substantially with any
provision of this section;
the Secretary shall notify the State of the finding and that
no further grants will be made to the State under this
section (or, in the case of noncompliance in the operation of
a program or activity, that no further grants to the State
will be made with respect to the program or activity) until
the Secretary is satisfied that there is no longer any
failure to comply or that the noncompliance will be promptly
corrected.
``(B) Other penalties.--In the case of a finding of
noncompliance made pursuant to subparagraph (A), the
Secretary may, in addition to, or in lieu of, imposing the
penalties described in subparagraph (A), impose other
appropriate penalties, including recoupment of money
improperly expended for purposes prohibited or not authorized
by this section and disqualification from the receipt of
financial assistance under this section.
``(C) Notice.--The notice required under subparagraph (A)
shall include a specific identification of any additional
penalty being imposed under subparagraph (B).
``(3) Issuance of regulations.--The Secretary shall
establish by regulation procedures for--
``(A) receiving, processing, and determining the validity
of complaints made to the Secretary concerning any failure of
a State to comply with the State plan or any requirement of
this section; and
``(B) imposing penalties under this section.
``(j) Grant.--
``(1) In general.--For each fiscal year, the Secretary
shall pay to a State that has an application approved by the
Secretary under subsection (e)(4) an amount that is equal to
the grant of the State under subsection (m) for the fiscal
year.
``(2) Method of grant.--The Secretary shall make a grant to
a State for a fiscal year under this section by issuing 1 or
more letters of credit for the fiscal year, with necessary
adjustments on account of overpayments or underpayments, as
determined by the Secretary.
``(3) Spending of grants by state.--
``(A) In general.--Except as provided in subparagraph (B),
a grant to a State determined under subsection (m)(1) for a
fiscal year may be expended by the State only in the fiscal
year.
``(B) Carryover.--The State may reserve up to 10 percent of
a grant determined under subsection (m)(1) for a fiscal year
to provide assistance under this section in subsequent fiscal
years, except that the reserved funds may not exceed 30
percent of the total grant received under this section for a
fiscal year.
``(4) Food assistance and administrative expenditures.--In
each fiscal year, not more than 6 percent of the Federal and
State funds required to be expended by a State under this
section shall be used for administrative expenses.
``(5) Provision of food assistance.--A State may provide
food assistance under this section in any manner determined
appropriate by the State, such as electronic benefit transfer
limited to food purchases, coupons limited to food purchases,
or direct provision of commodities.
``(k) Quality Control.--Each State participating in the
program established under this section shall maintain a
system in accordance with, and shall be subject to section
16(c), including sanctions and eligibility for incentive
payment under section 16(c), adjusted for State specific
characteristics under regulations issued by the Secretary.
``(l) Nondiscrimination.--
``(1) In general.--The Secretary shall not provide
financial assistance for any program, project, or activity
under this section if any person with responsibilities for
the operation of the program, project, or activity
discriminates with respect to the program, project, or
activity because of race, religion, color, national origin,
sex, or disability.
``(2) Enforcement.--The powers, remedies, and procedures
set forth in title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) may be used by the Secretary to enforce
paragraph (1).
``(m) Grant Calculation.--
``(1) State grant.--
``(A) In general.--Except as provided in subparagraph (B),
from the amounts made available under section 18 for each
fiscal year, the Secretary shall provide a grant to each
State participating in the program established under this
section an amount that is equal to the sum of--
``(i) the greater of, as determined by the Secretary--
``(I) the total dollar value of all benefits issued under
the food stamp program established under this Act by the
State during fiscal year 1994; or
``(II) the average per fiscal year of the total dollar
value of all benefits issued under the food stamp program by
the State during each of fiscal years 1992 through 1994; and
``(ii) the greater of, as determined by the Secretary--
``(I) the total amount received by the State for
administrative costs under section 16(a) (not including any
adjustment under section 16(c)) for fiscal year 1994; or
``(II) the average per fiscal year of the total amount
received by the State for administrative costs under section
16(a) (not including any adjustment under section 16(c)) for
each of fiscal years 1992 through 1994.
``(B) Insufficient funds.--If the Secretary finds that the
total amount of grants to which States would otherwise be
entitled for a fiscal year under subparagraph (A) will exceed
the amount of funds that will be made available to provide
the grants for the fiscal year, the Secretary shall reduce
the grants made to States under this subsection, on a pro
rata basis, to the extent necessary.
``(2) Reduction.--The Secretary shall reduce the grant of a
State by the amount a State has agreed to contribute under
subsection (c)(1)(C).''.
(b) Employment and Training Funding.--Section 16(h) of the
Act (7 U.S.C. 2025(a)), as amended by section 1027(d)(2), is
amended by adding at the end the following:
``(6) Block grant states.--Each State electing to operate a
program under section 27 shall--
``(A) receive the greater of--
``(i) the total dollar value of the funds received under
paragraph (1) by the State during fiscal year 1994; or
``(ii) the average per fiscal year of the total dollar
value of all funds received under paragraph (1) by the State
during each of fiscal years 1992 through 1994; and
[[Page 1599]]
``(B) be eligible to receive funds under paragraph (2),
within the limitations in section 6(d)(4)(K).''.
(c) Research On Optional State Food Assistance Block
Grant.--Section 17 of the Act (7 U.S.C. 2026), as amended by
section 1062(c)(2), is amended by adding at the end the
following:
``(l) Research On Optional State Food Assistance Block
Grant.--The Secretary may conduct research on the effects and
costs of a State program carried out under section 27.''.
SEC. 1064. A STUDY OF THE USE OF FOOD STAMPS TO PURCHASE
VITAMINS AND MINERALS.
The Secretary of Agriculture shall, in consultation with
the National Academy of Sciences and the Center for Disease
Control and Prevention, conduct a study of the use of food
stamps to purchase vitamins and minerals. The study shall
include an analysis of scientific findings on the efficacy of
and need for vitamins and minerals, including the adequacy of
vitamin and mineral intake in low income populations, as
shown by existing research and surveys, and the potential
value of nutritional supplements in filling nutrient gaps
that may exist in the population as a whole or in vulnerable
subgroups in the U.S. population; the impact of nutritional
improvements (including vitamin or mineral supplementation)
on health status and health care costs for women of
childbearing age, pregnant or lactating women, and the
elderly; the cost of vitamin and mineral supplements
commercially available; the purchasing habits of low income
populations with regard to vitamins and minerals; the impact
on the food purchases of low income households; and the
economic impact on agricultural commodities. The Secretary
shall report the results of the study to the Committee on
Agriculture of the U.S. House of Representatives not later
than December 15, 1996.''.
SEC. 1065. INVESTIGATIONS.
Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C.
2021(a)) is amended by adding at the end the following:
``Regulations issued pursuant to this Act shall provide
criteria for the finding of violations and the suspension or
disqualification of a retail food store or wholesale food
concern on the basis of evidence which may include, but is
not limited to, facts established through on-site
investigations, inconsistent redemption data or evidence
obtained through transaction reports under electronic
benefit transfer systems.''.
SEC. 1066. FOOD STAMP ELIGIBILITY.
Section 6(f) of the Food Stamp Act of 1977 (7 U.S.C.
2015(f)) is amended by striking the third sentence and
inserting the following:
``The State agency shall, at its option, consider either all
income and financial resources of the individual rendered
ineligible to participate in the food stamp program under
this subsection, or such income, less a pro rata share, and
the financial resources of the ineligible individual, to
determine the eligibility and the value of the allotment of
the household of which such individual is a member.''.
SEC. 1067. REPORT BY THE SECRETARY.
The Secretary of Agriculture may report to the Committee on
Agriculture of the House of Representatives, not later than
January 1, 2000, on the effect of the food stamp reforms in
the Welfare and Medicaid Reform Act of 1996 and the ability
of State and local governments to deal with people in
poverty. The report must answer the question: ``Did people
become more personally responsible and were work
opportunities provided such that poverty in America is better
managed?''.
SEC. 1068. DEFICIT REDUCTION.
It is the sense of the Committee on Agriculture of the
House of Representatives that reductions in outlays resulting
from this title shall not be taken into account for purposes
of section 552 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Subtitle B--Commodity Distribution Programs
SEC. 1071. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) Definitions.--Section 201A of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
is amended to read as follows:
``SEC. 201A. DEFINITIONS.
``In this Act:
``(1) Additional commodities.--The term `additional
commodities' means commodities made available under section
214 in addition to the commodities made available under
sections 202 and 203D.
``(2) Average monthly number of unemployed persons.--The
term `average monthly number of unemployed persons' means the
average monthly number of unemployed
persons in each State in the most recent fiscal year for
which information concerning the number of unemployed persons
is available, as determined by the Bureau of Labor Statistics
of the Department of Labor.
``(3) Eligible recipient agency.--The term `eligible
recipient agency' means a public or nonprofit organization--
``(A) that administers--
``(i) an emergency feeding organization;
``(ii) a charitable institution (including a hospital and a
retirement home, but excluding a penal institution) to the
extent that the institution serves needy persons;
``(iii) a summer camp for children, or a child nutrition
program providing food service;
``(iv) a nutrition project operating under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a
project that operates a congregate nutrition site and a
project that provides home-delivered meals; or
``(v) a disaster relief program;
``(B) that has been designated by the appropriate State
agency, or by the Secretary; and
``(C) that has been approved by the Secretary for
participation in the program established under this Act.
``(4) Emergency feeding organization.--The term `emergency
feeding organization' means a public or nonprofit
organization that administers activities and projects
(including the activities and projects of a charitable
institution, a food bank, a food pantry, a hunger relief
center, a soup kitchen, or a similar public or private
nonprofit eligible recipient agency) providing nutrition
assistance to relieve situations of emergency and distress
through the provision of food to needy persons, including
low-income and unemployed persons.
``(5) Food bank.--The term `food bank' means a public or
charitable institution that maintains an established
operation involving the provision of food or edible
commodities, or the products of food or edible commodities,
to food pantries, soup kitchens, hunger relief centers, or
other food or feeding centers that, as an integral part of
their normal activities, provide meals or food to feed needy
persons on a regular basis.
``(6) Food pantry.--The term `food pantry' means a public
or private nonprofit organization that distributes food to
low-income and unemployed households, including food from
sources other than the Department of Agriculture, to relieve
situations of emergency and distress.
``(7) Poverty line.--The term `poverty line' has the same
meaning given the term in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)).
``(8) Soup kitchen.--The term `soup kitchen' means a public
or charitable institution that, as an integral part of the
normal activities of the institution, maintains an
established feeding operation to provide food to needy
homeless persons on a regular basis.
``(9) Total value of additional commodities.--The term
`total value of additional commodities' means the actual cost
of all additional commodities made available under section
214 that are paid by the Secretary (including the
distribution and processing costs incurred by the Secretary).
``(10) Value of additional commodities allocated to each
state.--The term `value of additional commodities allocated
to each State' means the actual cost of additional
commodities made available under section 214 and allocated to
each State that are paid by the Secretary (including the
distribution and processing costs incurred by the
Secretary).''.
(b) State Plan.--Section 202A of the Act (7 U.S.C. 612c
note) is amended to read as follows:
``SEC. 202A. STATE PLAN.
``(a) In General.--To receive commodities under this Act, a
State shall submit a plan of operation and administration
every 4 years to the Secretary for approval. The plan may be
amended at any time, with the approval of the Secretary.
``(b) Requirements.--Each plan shall--
``(1) designate the State agency responsible for
distributing the commodities received under this Act;
``(2) set forth a plan of operation and administration to
expeditiously distribute commodities under this Act;
``(3) set forth the standards of eligibility for recipient
agencies; and
``(4) set forth the standards of eligibility for individual
or household recipients of commodities, which shall require--
``(A) individuals or households to be comprised of needy
persons; and
``(B) individual or household members to be residing in the
geographic location served by the distributing agency at the
time of applying for assistance.
``(c) State Advisory Board.--The Secretary shall encourage
each State receiving commodities under this Act to establish
a State advisory board consisting of representatives of all
interested entities, both public and private, in the
distribution of commodities received under this Act in the
State.''.
(c) Authorization of Appropriations for Administrative
Funds.--Section 204(a)(1) of the Act (7 U.S.C. 612c note) is
amended--
(1) in the first sentence by striking ``for State and
local'' and all that follows through ``under this title'' and
inserting ``to pay for the direct and indirect administrative
costs of the State related to the processing, transporting,
and distributing to eligible recipient agencies
of commodities provided by the Secretary under this Act
and commodities secured from other sources''; and
(2) by striking the fourth sentence.
(d) Delivery of Commodities.--Section 214 of the Act (7
U.S.C. 612c note) is amended--
(1) by striking subsections (a) through (e) and (j);
(2) by redesignating subsections (f) through (i) as
subsections (a) through (d), respectively;
(3) in subsection (b), as redesignated by paragraph (2)--
(A) in the first sentence, by striking ``subsection (f) or
subsection (j) if applicable,'' and inserting ``subsection
(a)''; and
(B) in the second sentence, by striking ``subsection (f)''
and inserting ``subsection (a)'';
[[Page 1600]]
(4) by striking subsection (c), as redesignated by
paragraph (2), and inserting the following:
``(c) Administration.--
``(1) In general.--Commodities made available for each
fiscal year under this section shall be delivered at
reasonable intervals to States based on the grants calculated
under subsection (a), or reallocated under subsection (b),
before December 31 of the following fiscal year.
``(2) Entitlement.--Each State shall be entitled to receive
the value of additional commodities determined under
subsection (a).''; and
(5) in subsection (d), as redesignated by paragraph (2), by
striking ``or reduce'' and all that follows through ``each
fiscal year''.
(e) Technical Amendments.--The Act (7 U.S.C. 612c note) is
amended--
(1) in the first sentence of section 203B(a), by striking
``203 and 203A of this Act'' and inserting ``203A'';
(2) in section 204(a), by striking ``title'' each place it
appears and inserting ``Act'';
(3) in the first sentence of section 210(e), by striking
``(except as otherwise provided for in section 214(j))''; and
(4) by striking section 212.
(f) Report on EFAP.--Section 1571 of the Food Security Act
of 1985 (Public Law 99-198; 7 U.S.C. 612c note) is repealed.
(g) Availability of Commodities Under the Food Stamp
Program.--The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),
as amended by sections 1062 and 1063, is amended by adding at
the end the following:
``SEC. 28. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD
ASSISTANCE PROGRAM.
``(a) Purchase of Commodities.--From amounts appropriated
under this Act, for each of fiscal years 1997 through 2002,
the Secretary shall purchase $300,000,000 of a variety of
nutritious and useful commodities of the types that the
Secretary has the authority to acquire through the Commodity
Credit Corporation or under section 32 of the Act entitled
`An Act to amend the Agricultural Adjustment Act, and for
other purposes', approved August 24, 1935 (7 U.S.C. 612c),
and distribute the commodities to States for distribution in
accordance with section 214 of the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note).
``(b) Basis for Commodity Purchases.--In purchasing
commodities under subsection (a), the Secretary shall, to the
extent practicable and appropriate, make purchases based on--
``(1) agricultural market conditions;
``(2) preferences and needs of States and distributing
agencies; and
``(3) preferences of recipients.''.
(h) Effective Date.--The amendments made by subsection (d)
shall become effective on October 1, 1996.
SEC. 1072. FOOD BANK DEMONSTRATION PROJECT.
Section 3 of the Charitable Assistance and Food Bank Act of
1987 (Public Law 100-232; 7 U.S.C. 612c note) is repealed.
SEC. 1073. HUNGER PREVENTION PROGRAMS.
The Hunger Prevention Act of 1988 (Public Law 100-435; 7
U.S.C. 612c note) is amended--
(1) by striking section 110;
(2) by striking subtitle C of title II; and
(3) by striking section 502.
SEC. 1074. REPORT ON ENTITLEMENT COMMODITY PROCESSING.
Section 1773 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 612c note) is
amended by striking subsection (f).
Subtitle C--Electronic Benefit Transfer Systems
SEC. 1091. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT
TRANSFER SYSTEMS.
Section 904 of the Electronic Fund Transfer Act (15 U.S.C.
1693b) is amended--
(1) by striking ``(d) In the event'' and inserting ``(d)
Applicability to Service Providers Other Than Certain
Financial Institutions.--
``(1) In general.--In the event''; and
(2) by adding at the end the following new paragraph:
``(2) State and local government electronic benefit
transfer programs.--
``(A) Exemption generally.--The disclosures, protections,
responsibilities, and remedies established under this title,
and any regulation prescribed or order issued by the Board in
accordance with this title, shall not apply to any electronic
benefit transfer program established under State or local law
or administered by a State or local government.
``(B) Exception for direct deposit into recipient's
account.--Subparagraph (A) shall not apply with respect to
any electronic funds transfer under an electronic benefit
transfer program for deposits directly into a consumer
account held by the recipient of the benefit.
``(C) Rule of construction.--No provision of this paragraph
may be construed as--
``(i) affecting or altering the protections otherwise
applicable with respect to benefits established by Federal,
State, or local law; or
``(ii) otherwise superseding the application of any State
or local law.
``(D) Electronic benefit transfer program defined.--For
purposes of this paragraph, the term `electronic benefit
transfer program'--
``(i) means a program under which a government agency
distributes needs-tested benefits by establishing accounts to
be accessed by recipients electronically, such as through
automated teller machines, or point-of-sale terminals; and
``(ii) does not include employment-related payments,
including salaries and pension, retirement, or unemployment
benefits established by Federal, State, or local
governments.''.
TITLE II--COMMITTEE ON COMMERCE
SEC. 2000. TABLE OF CONTENTS.
The table of contents of this title is as follows:
Sec. 2000. Table of contents.
Subtitle A--Involvement of Commerce Committee in Federal Government
Position Reductions
Sec. 2001. Involvement of Commerce Committee in Federal government
position reductions.
Subtitle B--Restricting Public Benefits for Aliens
Chapter 1--Eligibility for Federal Benefits
Sec. 2101. Aliens who are not qualified aliens ineligible for Federal
public benefits.
Sec. 2102. Five-year limited eligibility of qualified aliens for
Federal means-tested public benefit.
Sec. 2103. Notification.
Chapter 2--General Provisions
Sec. 2111. Definitions.
Sec. 2112. Verification of eligibility for Federal public benefits.
Subtitle C--Energy Assistance
Sec. 2201. Energy assistance.
Subtitle D--Abstinence Education
Sec. 2301. Abstinence education.
Subtitle A--Involvement of Commerce Committee in Federal Government
Position Reductions
SEC. 2001. INVOLVEMENT OF COMMERCE COMMITTEE IN FEDERAL
GOVERNMENT POSITION REDUCTIONS.
In any provision of law that provides for consultation with
(or a report to) a relevant committee of Congress respecting
reductions in Federal Government positions, a reference to
the Committee on Commerce of the House of Representatives
shall be deemed to have been made in relation to matters
within the jurisdiction of such Committee.
Subtitle B--Restricting Public Benefits for Aliens
CHAPTER 1--ELIGIBILITY FOR FEDERAL BENEFITS
SEC. 2101. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR
FEDERAL PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined in section 2111) is not
eligible for any Federal public benefit (as defined in
subsection (c)).
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following Federal public benefits:
(1) Emergency medical services under title XIX of the
Social Security Act.
(2)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of a
serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of such disease.
(c) Federal Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this part, the term ``Federal public benefit'' means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States
or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, or any
other similar benefit for which payments or assistance are
provided to an individual, household, or family eligibility
unit by an agency of the United States or by appropriated
funds of the United States,
but only if such grant, contract, loan, or license under
subparagraph (A) or program providing benefits under
subparagraph (B) is under the jurisdiction of the Committee
on Commerce of the House of Representatives.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Attorney General, after
consultation with the Secretary of State.
SEC. 2102. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS
FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is a
qualified alien (as defined in section 2111) and who enters
the United States on or after the date of the enactment of
this Act is not eligible for any Federal means-tested public
benefit (as defined in subsection (c)) for a period of five
years beginning on the date of the alien's entry into the
United States with a status within the meaning of the term
``qualified alien''.
[[Page 1601]]
(b) Exceptions.--The limitation under subsection (a) shall
not apply to the following aliens:
(1) Exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act.
(B) An alien who is granted asylum under section 208 of
such Act.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act.
(2) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(c) Federal Means-Tested Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this part, the term ``Federal means-tested public benefit''
means a Federal public benefit described in section 2101(c)
in which the eligibility of an individual, household, or
family eligibility unit for benefits, or the amount of such
benefits, or both are determined on the basis of income,
resources, or financial need of the individual, household, or
unit.
(2) Such term does not include the following:
(A) Emergency medical services under title XIX of the
Social Security Act.
(B)(i) Public health assistance for immunizations.
(ii) Public health assistance for testing and treatment of
a serious communicable disease if the Secretary of Health and
Human Services determines that it is necessary to prevent the
spread of such disease.
SEC. 2103. NOTIFICATION.
Each Federal agency that administers a program to which
section 2101 or 2102 applies shall, directly or through the
States, post information and provide general notification to
the public and to program recipients of the changes regarding
eligibility for any such program pursuant to this subpart.
CHAPTER 2--GENERAL PROVISIONS
SEC. 2111. DEFINITIONS.
(a) In General.--Except as otherwise provided in this part,
the terms used in this part have the same meaning given such
terms in section 101(a) of the Immigration and Nationality
Act.
(b) Qualified Alien.--For purposes of this part, the term
``qualified alien'' means an alien who, at the time the alien
applies for, receives, or attempts to receive a Federal
public benefit, is--
(1) an alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208 of
such Act,
(3) a refugee who is admitted to the United States under
section 207 of such Act,
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act for a period of at least 1
year,
(5) an alien whose deportation is being withheld under
section 243(h) of such Act, or
(6) an alien who is granted conditional entry pursuant to
section 203(a)(7) of such Act as in effect prior to April 1,
1980.
SEC. 2112. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC
BENEFITS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Attorney General of the United
States, after consultation with the Secretary of Health and
Human Services, shall promulgate regulations requiring
verification that a person applying for a Federal public
benefit (as defined in section 2101(c)), to which the
limitation under section 2101 applies, is a qualified alien
and is eligible to receive such benefit. Such regulations
shall, to the extent feasible, require that information
requested and exchanged be similar in form and manner to
information requested and exchanged under section 1137 of the
Social Security Act.
(b) State Compliance.--Not later than 24 months after the
date the regulations described in subsection (a) are adopted,
a State that administers a program that provides a
Federal public benefit shall have in effect a verification
system that complies with the regulations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
Subtitle C--Energy Assistance
SEC. 2201. ENERGY ASSISTANCE.
Section 2605(f) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624(f)) is amended--
(1) by striking ``(f)(1) Notwithstanding'' and inserting
``(f) Notwithstanding''; and
(2) by striking paragraph (2).
Subtitle D--Abstinence Education
SEC. 2301. ABSTINENCE EDUCATION.
(a) Increases in Funding.--Section 501(a) of the Social
Security Act (42 U.S.C. 701(a)) is amended in the matter
preceding paragraph (1) by striking ``Fiscal year 1990 and
each fiscal year thereafter'' and inserting ``Fiscal years
1990 through 1995 and $761,000,000 for fiscal year 1996 and
each fiscal year thereafter''.
(b) Abstinence Education.--Section 501(a)(1) of such Act
(42 U.S.C. 701(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(E) to provide abstinence education, and at the option of
the State, where appropriate, mentoring, counseling, and
adult supervision to promote abstinence from sexual activity,
with a focus on those groups which are most likely to bear
children out-of-wedlock.''.
(c) Abstinence Education Defined.--Section 501(b) of such
Act (42 U.S.C. 701(b)) is amended by adding at the end the
following new paragraph:
``(5) Abstinence education.--For purposes of this
subsection, the term `abstinence education' means an
educational or motivational program which--
``(A) has as its exclusive purpose, teaching the social,
psychological, and health gains to be realized by abstaining
from sexual activity;
``(B) teaches abstinence from sexual activity outside
marriage as the expected standard for all school age
children;
``(C) teaches that abstinence from sexual activity is the
only certain way to avoid out-of-wedlock pregnancy, sexually
transmitted diseases, and other associated health problems;
``(D) teaches that a mutually faithful monogamous
relationship in context of marriage is the expected standard
of human sexual activity;
``(E) teaches that sexual activity outside of the context
of marriage is likely to have harmful psychological and
physical effects;
``(F) teaches that bearing children out-of-wedlock is
likely to have harmful consequences for the child, the
child's parents, and society;
``(G) teaches young people how to reject sexual advances
and how alcohol and drug use increases vulnerability to
sexual advances; and
``(H) teaches the importance of attaining self-sufficiency
before engaging in sexual activity.''.
(d) Set-Aside.--
(1) In general.--Section 502(c) of such Act (42 U.S.C.
702(c)) is amended in the matter preceding paragraph (1) by
striking ``From'' and inserting ``Except as provided in
subsection (e), from''.
(2) Set-aside.--Section 502 of such Act (42 U.S.C. 702) is
amended by adding at the end the following new subsection:
``(e) Of the amounts appropriated under section 501(a) for
any fiscal year, the Secretary shall set aside $75,000,000
for abstinence education in accordance with section
501(a)(1)(E).''.
TITLE III--COMMITTEE ON ECONOMIC AND EDUCATIONAL OPPORTUNITIES
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Personal Responsibility
and Work Opportunity Act of 1996''.
SEC. 3002. TABLE OF CONTENTS.
The table of contents of this title is as follows:
Sec. 3001. Short title.
Sec. 3002. Table of contents.
Subtitle A--Child Care
Sec. 3101. Short title and references.
Sec. 3102. Goals.
Sec. 3103. Authorization of appropriations and entitlement authority.
Sec. 3104. Lead agency.
Sec. 3105. Application and plan.
Sec. 3106. Limitation on State allotments.
Sec. 3107. Activities to improve the quality of child care.
Sec. 3108. Repeal of early childhood development and before- and after-
school care requirement.
Sec. 3109. Administration and enforcement.
Sec. 3110. Payments.
Sec. 3111. Annual report and audits.
Sec. 3112. Report by the Secretary.
Sec. 3113. Allotments.
Sec. 3114. Definitions.
Sec. 3115. Repeals.
Sec. 3116. Effective date.
Subtitle B--Child Nutrition Programs
Chapter 1--National School Lunch Act
Sec. 3201. State disbursement to schools.
Sec. 3202. Nutritional and other program requirements.
Sec. 3203. Free and reduced price policy statement.
Sec. 3204. Special assistance.
Sec. 3205. Miscellaneous provisions and definitions.
Sec. 3206. Summer food service program for children.
Sec. 3207. Commodity distribution.
Sec. 3208. Child care food program.
Sec. 3209. Pilot projects.
Sec. 3210. Reduction of paperwork.
Sec. 3211. Information on income eligibility.
Sec. 3212. Nutrition guidance for child nutrition programs.
Sec. 3213. Information clearinghouse.
Chapter 2--Child Nutrition Act of 1966
Sec. 3221. Special milk program.
Sec. 3222. Free and reduced price policy statement.
Sec. 3223. School breakfast program authorization.
Sec. 3224. State administrative expenses.
Sec. 3225. Regulations.
Sec. 3226. Prohibitions.
Sec. 3227. Miscellaneous provisions and definitions.
Sec. 3228. Accounts and records.
[[Page 1602]]
Sec. 3229. Special supplemental nutrition program for women, infants,
and children.
Sec. 3230. Cash grants for nutrition education.
Sec. 3231. Nutrition education and training.
Chapter 3--Miscellaneous Provisions
Sec. 3241. Coordination of school lunch, school breakfast, and summer
food service programs.
Subtitle C--Related Provisions
Sec. 3301. Requirement that data relating to the incidence of poverty
in the United States be published at least every 2 years.
Sec. 3302. Sense of the Congress.
Sec. 3303. Legislative accountability.
Subtitle A--Child Care
SEC. 3101. SHORT TITLE AND REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Child
Care and Development Block Grant Amendments of 1996''.
(b) References.--Except as otherwise expressly provided,
whenever in this subtitle an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
SEC. 3102. GOALS.
Section 658A (42 U.S.C. 9801 note) is amended--
(1) in the section heading by inserting ``and goals'' after
``title'';
(2) by inserting ``(a) Short Title.--'' before ``This'';
and
(3) by adding at the end the following:
``(b) Goals.--The goals of this subchapter are--
``(1) to allow each State maximum flexibility in developing
child care programs and policies that best suit the needs of
children and parents within such State;
``(2) to promote parental choice to empower working parents
to make their own decisions on the child care that best suits
their family's needs;
``(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care;
``(4) to assist States to provide child care to parents
trying to achieve independence from public assistance; and
``(5) to assist States in implementing the health, safety,
licensing, and registration standards established in State
regulations.''.
SEC. 3103. AUTHORIZATION OF APPROPRIATIONS AND ENTITLEMENT
AUTHORITY.
(a) In General.--Section 658B (42 U.S.C. 9858) is amended
to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter $1,000,000,000 for each of the fiscal years 1996
through 2002.''.
(b) Social Security Act.--Part A of title IV of the Social
Security Act (42 U.S.C. 601-617) is amended by adding at the
end the following new section:
``SEC. 418. FUNDING FOR CHILD CARE.
``(a) General Child Care Entitlement.--
``(1) General entitlement.--Subject to the amount
appropriated under paragraph (3), each State shall, for the
purpose of providing child care assistance, be entitled to
payments under a grant under this subsection for a fiscal
year in an amount equal to--
``(A) the sum of the total amount required to be paid to
the State under section 403 for fiscal year 1994 or 1995
(whichever is greater) with respect to amounts expended for
child care under section--
``(i) 402(g) of this Act (as such section was in effect
before October 1, 1995); and
``(ii) 402(i) of this Act (as so in effect); or
``(B) the average of the total amounts required to be paid
to the State for fiscal years 1992 through 1994 under the
sections referred to in subparagraph (A);
whichever is greater.
``(2) Remainder.--
``(A) Grants.--The Secretary shall use any amounts
appropriated for a fiscal year under paragraph (3), and
remaining after the reservation described in paragraph (4)
and after grants are awarded under paragraph (1), to make
grants to States under this paragraph.
``(B) Amount.--Subject to subparagraph (C), the amount of a
grant awarded to a State for a fiscal year under this
paragraph shall be based on the formula used for determining
the amount of Federal payments to the State under section
403(n) (as such section was in effect before October 1,
1995).
``(C) Matching requirement.--The Secretary shall pay to
each eligible State in a fiscal year an amount, under a grant
under subparagraph (A), equal to the Federal medical
assistance percentage for such State for fiscal year 1995 (as
defined in section 1905(b)) of so much of the expenditures by
the State for child care in such year as exceed the State
set-aside for such State under paragraph (1)(A) for such year
and the amount of State expenditures in fiscal year 1994 or
1995 (whichever is greater) that equal the non-Federal share
for the programs described in subparagraph (A) of paragraph
(1).
``(D) Redistribution.--
``(i) In general.--With respect to any fiscal year, if the
Secretary determines (in accordance with clause (ii)) that
amounts under any grant awarded to a State under this
paragraph for such fiscal year will not be used by such State
during such fiscal year for carrying out the purpose for
which the grant is made, the Secretary shall make such
amounts available in the subsequent fiscal year for
carrying out such purpose to 1 or more States which apply
for such funds to the extent the Secretary determines that
such States will be able to use such additional amounts
for carrying out such purpose. Such available amounts
shall be redistributed to a State pursuant to section
402(i) (as such section was in effect before October 1,
1995) by substituting `the number of children residing in
all States applying for such funds' for `the number of
children residing in the United States in the second
preceding fiscal year'.
``(ii) Time of determination and distribution.--The
determination of the Secretary under clause (i) for a fiscal
year shall be made not later than the end of the first
quarter of the subsequent fiscal year. The redistribution of
amounts under clause (i) shall be made as close as
practicable to the date on which such determination is made.
Any amount made available to a State from an appropriation
for a fiscal year in accordance with this subparagraph shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under this subsection) for the
fiscal year in which the redistribution is made.
``(3) Appropriation.--For grants under this section, there
are appropriated--
``(A) $1,967,000,000 for fiscal year 1997;
``(B) $2,067,000,000 for fiscal year 1998;
``(C) $2,167,000,000 for fiscal year 1999;
``(D) $2,367,000,000 for fiscal year 2000;
``(E) $2,567,000,000 for fiscal year 2001; and
``(F) $2,717,000,000 for fiscal year 2002.
``(4) Indian tribes.--The Secretary shall reserve not more
than 1 percent of the aggregate amount appropriated to carry
out this section in each fiscal year for payments to Indian
tribes and tribal organizations.
``(b) Use of Funds.--
``(1) In general.--Amounts received by a State under this
section shall only be used to provide child care assistance.
Amounts received by a State under a grant under subsection
(a)(1) shall be available for use by the State without fiscal
year limitation.
``(2) Use for certain populations.--A State shall ensure
that not less than 70 percent of the total amount of funds
received by the State in a fiscal year under this section are
used to provide child care assistance to families who are
receiving assistance under a State program under this part,
families who are attempting through work activities to
transition off of such assistance program, and families who
are at risk of becoming dependent on such assistance program.
``(c) Application of Child Care and Development Block Grant
Act of 1990.--Notwithstanding any other provision of law,
amounts provided to a State under this section shall be
transferred to the lead agency under the Child Care and
Development Block Grant Act of 1990, integrated by the State
into the programs established by the State under such Act,
and be subject to requirements and limitations of such Act.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States or the District of
Columbia.''.
SEC. 3104. LEAD AGENCY.
Section 658D(b) (42 U.S.C. 9858b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``State'' the first
place that such appears and inserting ``governmental or
nongovernmental''; and
(B) in subparagraph (C), by inserting ``with sufficient
time and Statewide distribution of the notice of such
hearing,'' after ``hearing in the State''; and
(2) in paragraph (2), by striking the second sentence.
SEC. 3105. APPLICATION AND PLAN.
Section 658E (42 U.S.C. 9858c) is amended--
(1) in subsection (b)--
(A) by striking ``implemented--'' and all that follows
through ``(2)'' and inserting ``implemented''; and
(B) by striking ``for subsequent State plans'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i) by striking ``, other than through
assistance provided under paragraph (3)(C),''; and
(II) by striking ``except'' and all that follows through
``1992'', and inserting ``and provide a detailed description
of the procedures the State will implement to carry out the
requirements of this subparagraph'';
(ii) in subparagraph (B)--
(I) by striking ``Provide assurances'' and inserting
``Certify''; and
(II) by inserting before the period at the end ``and
provide a detailed description of such procedures'';
(iii) in subparagraph (C)--
(I) by striking ``Provide assurances'' and inserting
``Certify''; and
(II) by inserting before the period at the end ``and
provide a detailed description of how such record is
maintained and is made available'';
(iv) by amending subparagraph (D) to read as follows:
``(D) Consumer education information.--Certify that the
State will collect and disseminate to parents of eligible
children and the general public, consumer education
information that will promote informed child care choices.'';
(v) in subparagraph (E), to read as follows:
``(E) Compliance with state licensing requirements.--
``(i) In general.--Certify that the State has in effect
licensing requirements applicable to child care services
provided within the State, and provide a detailed description
of
[[Page 1603]]
such requirements and of how such requirements are
effectively enforced. Nothing in the preceding sentence shall
be construed to require that licensing requirements be
applied to specific types of providers of child care
services.
``(ii) Indian tribes and tribal organizations.--In lieu of
any licensing and regulatory requirements applicable under
State and local law, the Secretary, in consultation with
Indian tribes and tribal organizations, shall develop minimum
child care standards (that appropriately reflect tribal needs
and available resources) that shall be applicable to Indian
tribes and tribal organization receiving assistance under
this subchapter.'';
(vi) in subparagraph (G) by striking ``Provide assurances''
and inserting ``Certify''; and
(vii) by striking subparagraphs (H), (I), and (J) and
inserting the following:
``(H) Meeting the needs of certain populations.--
Demonstrate the manner in which the State will meet the
specific child care needs of families who are receiving
assistance under a State program under part A of title IV of
the Social Security Act, families who are attempting through
work activities to transition off of such assistance program,
and families that are at risk of becoming dependent on such
assistance program.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``(B) and (C)'' and
inserting ``(B) through (D)'';
(ii) in subparagraph (B)--
(I) by striking ``.--Subject to the reservation contained
in subparagraph (C), the'' and inserting ``and related
activities.--The'';
(II) in clause (i) by striking ``; and'' at the end and
inserting a period;
(III) by striking ``for--'' and all that follows through
``section 658E(c)(2)(A)'' and inserting ``for child care
services on sliding fee scale basis, activities that improve
the quality or availability of such services, and any other
activity that the State deems appropriate to realize any of
the goals specified in paragraphs (2) through (5) of section
658A(b)''; and
(IV) by striking clause (ii);
(iii) by amending subparagraph (C) to read as follows:
``(C) Limitation on administrative costs.--Not more than 5
percent of the aggregate amount of funds available to the
State to carry out this subchapter by a State in each fiscal
year may be expended for administrative costs incurred by
such State to carry out all of its functions and duties under
this subchapter. As used in the preceding sentence, the term
`administrative costs' shall not include the costs of
providing direct services.''; and
(iv) by adding at the end thereof the following:
``(D) Assistance for certain families.--A State shall
ensure that a substantial portion of the amounts available
(after the State has complied with the requirement of section
418(b)(2) of the Social Security Act with respect to each of
the fiscal years 1997 through 2002) to the State to carry out
activities under this subchapter in each fiscal year is used
to provide assistance to low-income working families other
than families described in paragraph (2)(H).''; and
(C) in paragraph (4)(A)--
(i) by striking ``provide assurances'' and inserting
``certify'';
(ii) in the first sentence by inserting ``and shall provide
a summary of the facts relied on by the State to determine
that such rates are sufficient to ensure such access'' before
the period; and
(iii) by striking the last sentence.
SEC. 3106. LIMITATION ON STATE ALLOTMENTS.
Section 658F(b)(1) (42 U.S.C. 9858d(b)(1)) is amended by
striking ``No'' and inserting ``Except as provided for in
section 658O(c)(6), no''.
SEC. 3107. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G (42 U.S.C. 9858e) is amended to read as
follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``A State that receives funds to carry out this subchapter
for a fiscal year, shall use not less than 4 percent of the
amount of such funds for activities that are designed to
provide comprehensive consumer education to parents and the
public, activities that increase parental choice, and
activities designed to improve the quality and availability
of child care (such as resource and referral services).''.
SEC. 3108. REPEAL OF EARLY CHILDHOOD DEVELOPMENT AND BEFORE-
AND AFTER-SCHOOL CARE REQUIREMENT.
Section 658H (42 U.S.C. 9858f) is repealed.
SEC. 3109. ADMINISTRATION AND ENFORCEMENT.
Section 658I(b) (42 U.S.C. 9858g(b)) is amended--
(1) in paragraph (1), by striking ``, and shall have'' and
all that follows through ``(2)''; and
(2) in the matter following clause (ii) of paragraph
(2)(A), by striking ``finding and that'' and all that follows
through the period and inserting ``finding and shall require
that the State reimburse the Secretary for any funds that
were improperly expended for purposes prohibited or not
authorized by this subchapter, that the Secretary deduct from
the administrative portion of the State allotment for the
following fiscal year an amount that is less than or equal to
any improperly expended funds, or a combination of such
options.''.
SEC. 3110. PAYMENTS.
Section 658J(c) (42 U.S.C. 9858h(c)) is amended by striking
``expended'' and inserting ``obligated''.
SEC. 3111. ANNUAL REPORT AND AUDITS.
Section 658K (42 U.S.C. 9858i) is amended--
(1) in the section heading by striking ``annual report''
and inserting ``reports'';
(2) in subsection (a), to read as follows:
``(a) Reports.--
``(1) Collection of information by states.--
``(A) In general.--A State that receives funds to carry out
this subchapter shall collect the information described in
subparagraph (B) on a monthly basis.
``(B) Required information.--The information required under
this subparagraph shall include, with respect to a family
unit receiving assistance under this subchapter information
concerning--
``(i) family income;
``(ii) county of residence;
``(iii) the gender, race, and age of children receiving
such assistance;
``(iv) whether the family includes only 1 parent;
``(v) the sources of family income, including the amount
obtained from (and separately identified)--
``(I) employment, including self-employment;
``(II) cash or other assistance under part A of title IV of
the Social Security Act;
``(III) housing assistance;
``(IV) assistance under the Food Stamp Act of 1977; and
``(V) other assistance programs;
``(vi) the number of months the family has received
benefits;
``(vii) the type of child care in which the child was
enrolled (such as family child care, home care, or center-
based child care);
``(viii) whether the child care provider involved was a
relative;
``(ix) the cost of child care for such families; and
``(x) the average hours per week of such care;
during the period for which such information is required to
be submitted.
``(C) Submission to secretary.--A State described in
subparagraph (A) shall, on a quarterly basis, submit the
information required to be collected under subparagraph (B)
to the Secretary.
``(D) Sampling.--The Secretary may disapprove the
information collected by a State under this paragraph if the
State uses sampling methods to collect such information.
``(2) Biannual reports.--Not later than December 31, 1997,
and every 6 months thereafter, a State described in paragraph
(1)(A) shall prepare and submit to the Secretary a report
that includes aggregate data concerning--
``(A) the number of child care providers that received
funding under this subchapter as separately identified based
on the types of providers listed in section 658P(5);
``(B) the monthly cost of child care services, and the
portion of such cost that is paid for with assistance
provided under this subchapter, listed by the type of child
care services provided;
``(C) the number of payments made by the State through
vouchers, contracts, cash, and disregards under public
benefit programs, listed by the type of child care services
provided;
``(D) the manner in which consumer education information
was provided to parents and the number of parents to whom
such information was provided; and
``(E) the total number (without duplication) of children
and families served under this subchapter;
during the period for which such report is required to be
submitted.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``a application'' and
inserting ``an application'';
(B) in paragraph (2) by striking ``any agency administering
activities that receive'' and inserting ``the State that
receives''; and
(C) in paragraph (4) by striking ``entitles'' and inserting
``entitled''.
SEC. 3112. REPORT BY THE SECRETARY.
Section 658L (42 U.S.C. 9858j) is amended--
(1) by striking ``1993'' and inserting ``1997'';
(2) by striking ``annually'' and inserting ``biennially'';
and
(3) by striking ``Education and Labor'' and inserting
``Economic and Educational Opportunities''.
SEC. 3113. ALLOTMENTS.
Section 658O (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1)
(i) by striking ``Possessions'' and inserting
``possessions'';
(ii) by inserting ``and'' after ``States,''; and
(iii) by striking ``, and the Trust Territory of the
Pacific Islands''; and
(B) in paragraph (2), by striking ``3 percent'' and
inserting ``1 percent'';
(2) in subsection (c)--
(A) in paragraph (5) by striking ``our'' and inserting
``out''; and
(B) by adding at the end thereof the following new
paragraph:
``(6) Construction or renovation of facilities.--
``(A) Request for use of funds.--An Indian tribe or tribal
organization may submit to the Secretary a request to use
amounts provided under this subsection for construction or
renovation purposes.
``(B) Determination.--With respect to a request submitted
under subparagraph (A), and except as provided in
subparagraph (C), upon a determination by the Secretary that
adequate facilities are not otherwise available to an Indian
tribe or tribal organization to enable such tribe or
organization to carry
[[Page 1604]]
out child care programs in accordance with this subchapter,
and that the lack of such facilities will inhibit the
operation of such programs in the future, the Secretary may
permit the tribe or organization to use assistance provided
under this subsection to make payments for the construction
or renovation of facilities that will be used to carry out
such programs.
``(C) Limitation.--The Secretary may not permit an Indian
tribe or tribal organization to use amounts provided under
this subsection for construction or renovation if such use
will result in a decrease in the level of child care services
provided by the tribe or organization as compared to the
level of such services provided by the tribe or organization
in the fiscal year preceding the year for which the
determination under subparagraph (A) is being made.
``(D) Uniform procedures.--The Secretary shall develop and
implement uniform procedures for the solicitation and
consideration of requests under this paragraph.''; and
(3) in subsection (e), by adding at the end thereof the
following new paragraph:
``(4) Indian tribes or tribal organizations.--Any portion
of a grant or contract made to an Indian tribe or tribal
organization under subsection (c) that the Secretary
determines is not being used in a manner consistent with the
provision of this subchapter in the period for which the
grant or contract is made available, shall be allotted by the
Secretary to other tribes or organizations that have
submitted applications under subsection (c) in accordance
with their respective needs.''.
SEC. 3114. DEFINITIONS.
Section 658P (42 U.S.C. 9858n) is amended--
(1) in paragraph (2), in the first sentence by inserting
``or as a deposit for child care services if such a deposit
is required of other children being cared for by the
provider'' after ``child care services''; and
(2) by striking paragraph (3);
(3) in paragraph (4)(B), by striking ``75 percent'' and
inserting ``85 percent'';
(4) in paragraph (5)(B)--
(A) by inserting ``great grandchild, sibling (if such
provider lives in a separate residence),'' after
``grandchild,'';
(B) by striking ``is registered and''; and
(C) by striking ``State'' and inserting ``applicable''.
(5) by striking paragraph (10);
(6) in paragraph (13)--
(A) by inserting ``or'' after ``Samoa,''; and
(B) by striking ``, and the Trust Territory of the Pacific
Islands'';
(7) in paragraph (14)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end thereof the following new
subparagraph:
``(B) Other organizations.--Such term includes a Native
Hawaiian Organization, as defined in section 4009(4) of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 (20 U.S.C.
4909(4)) and a private nonprofit organization established for
the purpose of serving youth who are Indians or Native
Hawaiians.''.
SEC. 3115. REPEALS.
(a) Child Development Associate Scholarship Assistance Act
of 1985.--Title VI of the Human Services Reauthorization Act
of 1986 (42 U.S.C. 10901-10905) is repealed.
(b) State Dependent Care Development Grants Act.--
Subchapter E of chapter 8 of subtitle A of title VI of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871-
9877) is repealed.
(c) Programs of National Significance.--Title X of the
Elementary and Secondary Education Act of 1965, as amended by
Public Law 103-382 (108 Stat. 3809 et seq.), is amended--
(1) in section 10413(a) by striking paragraph (4),
(2) in section 10963(b)(2) by striking subparagraph (G),
and
(3) in section 10974(a)(6) by striking subparagraph (G).
(d) Native Hawaiian Family-Based Education Centers.--
Section 9205 of the Native Hawaiian Education Act (Public Law
103-382; 108 Stat. 3794) is repealed.
(e) Certain Child Care Programs Under the Social Security
Act.--
(1) AFDC and transitional child care programs.--Section 402
of the Social Security Act (42 U.S.C. 602) is amended by
striking subsection (g).
(2) At-risk child care program.--
(A) Authorization.--Section 402 of the Social Security Act
(42 U.S.C. 602) is amended by striking subsection (i).
(B) Funding provisions.--Section 403 of the Social Security
Act (42 U.S.C. 603) is amended by striking subsection (n).
SEC. 3116. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take
effect on October 1, 1996.
(b) Exception.--The amendment made by section 3303(a) shall
take effect on the date of enactment of this Act.
Subtitle B--Child Nutrition Programs
CHAPTER 1--NATIONAL SCHOOL LUNCH ACT
SEC. 3201. STATE DISBURSEMENT TO SCHOOLS.
(a) In General.--Section 8 of the National School Lunch Act
(42 U.S.C. 1757) is amended--
(1) in the third sentence, by striking ``Nothing'' and all
that follows through ``educational agency to'' and inserting
``The State educational agency may'';
(2) by striking the fourth and fifth sentences;
(3) by redesignating the first through sixth sentences, as
amended by paragraph (1), as subsections (a) through (f),
respectively;
(4) in subsection (b), as redesignated by paragraph (3), by
striking ``the preceding sentence'' and inserting
``subsection (a)''; and
(5) in subsection (d), as redesignated by paragraph (3), by
striking ``Such food costs'' and inserting ``Use of funds
paid to States''.
(b) Definition of Child.--Section 12(d) of the Act (42
U.S.C. 1760(d)) is amended by adding at the end the
following:
``(9) `child' includes an individual, regardless of age,
who--
``(A) is determined by a State educational agency, in
accordance with regulations prescribed by the Secretary, to
have 1 or more mental or physical disabilities; and
``(B) is attending any institution, as defined in section
17(a), or any nonresidential public or nonprofit private
school of high school grade or under, for the purpose of
participating in a school program established for individuals
with mental or physical disabilities.
No institution that is not otherwise eligible to participate
in the program under section 17 shall be considered eligible
because of this paragraph.''.
SEC. 3202. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) Nutritional Standards.--Section 9(a) of the National
School Lunch Act (42 U.S.C. 1758(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2)(A) Lunches'' and inserting ``(2)
Lunches'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Eligibility Guidelines.--Section 9(b) of the Act is
amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(2) in paragraph (5), by striking the third sentence; and
(3) in paragraph (6), by striking ``paragraph (2)(C)'' and
inserting ``paragraph (2)(B)''.
(c) Utilization of Agricultural Commodities.--Section 9(c)
of the Act is amended by striking the second, fourth, and
sixth sentences.
(d) Conforming Amendment.--The last sentence of section
9(d)(1) of the Act is amended by striking ``subsection
(b)(2)(C)'' and inserting ``subsection (b)(2)(B)''.
(e) Nutritional Information.--Section 9(f) of the Act is
amended--
(1) by striking paragraph (1);
(2) by striking ``(2)'';
(3) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4), respectively;
(4) by striking paragraph (1), as redesignated by paragraph
(3), and inserting the following:
``(1) Nutritional requirements.--Except as provided in
paragraph (2), not later than the first day of the 1996-1997
school year, schools that are participating in the school
lunch or school breakfast program shall serve lunches and
breakfasts under the program that--
``(A) are consistent with the goals of the most recent
Dietary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
``(B) provide, on the average over each week, at least--
``(i) with respect to school lunches, \1/3\ of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the
National Academy of Sciences; and
``(ii) with respect to school breakfasts, \1/4\ of the
daily recommended dietary allowance established by the Food
and Nutrition Board of the National Research Council of the
National Academy of Sciences.'';
(5) in paragraph (3), as redesignated by paragraph (3)--
(A) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(B) in subparagraph (A), as so redesignated, by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively; and
(6) in paragraph (4), as redesignated by paragraph (3)--
(A) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(B) in subparagraph (A) (as redesignated by subparagraph
(A)), by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively; and
(C) in subparagraph (A)(ii) (as redesignated by
subparagraph (B)), by striking ``subparagraph (C)'' and
inserting ``paragraph (3)''.
(f) Use of Resources.--Section 9 of the Act is amended by
striking subsection (h).
SEC. 3203. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 9(b)(2) of the National School Lunch Act (42 U.S.C.
1758(b)(2)), as amended by section 3202(b)(1), is further
amended by adding at the end the following:
``(C) Free and reduced price policy statement.--After the
initial submission, a school shall not be required to submit
a free and reduced price policy statement to a State
educational agency under this Act unless there is a
substantive change in the free
[[Page 1605]]
and reduced price policy of the school. A routine change in
the policy of a school, such as an annual adjustment of the
income eligibility guidelines for free and reduced price
meals, shall not be sufficient cause for requiring the school
to submit a policy statement.''.
SEC. 3204. SPECIAL ASSISTANCE.
(a) Extension of Payment Period.--Section 11(a)(1)(D)(i) of
the National School Lunch Act (42 U.S.C. 1759a(a)(1)(D)(i))
is amended by striking ``, on the date of enactment of this
subparagraph,''.
(b) Applicability of Other Provisions.--Section 11 of the
Act is amended--
(1) by striking subsection (d);
(2) in subsection (e)(2)--
(A) by striking ``The'' and inserting ``On request of the
Secretary, the''; and
(B) by striking ``each month''; and
(3) by redesignating subsections (e) and (f), as so
amended, as subsections (d) and (e), respectively.
SEC. 3205. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) Accounts and Records.--Section 12(a) of the National
School Lunch Act (42 U.S.C. 1760(a)) is amended by striking
``at all times be available'' and inserting ``be available at
any reasonable time''.
(b) Restriction on Requirements.--Section 12(c) of the Act
is amended by striking ``neither the Secretary nor the State
shall'' and inserting ``the Secretary shall not''.
(c) Definitions.--Section 12(d) of the Act, as amended by
section 3201(b), is further amended--
(1) in paragraph (1), by striking ``the Trust Territory of
the Pacific Islands'' and inserting ``the Commonwealth of the
Northern Mariana Islands'';
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (1), (2), and (5) through
(9) as paragraphs (6), (7), (3), (4), (2), (5), and (1),
respectively, and rearranging the paragraphs so as to appear
in numerical order.
(d) Adjustments to National Average Payment Rates.--Section
12(f) of the Act is amended by striking ``the Trust Territory
of the Pacific Islands,''.
(e) Expedited Rulemaking.--Section 12(k) of the Act is
amended--
(1) by striking paragraphs (1), (2), and (5); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively.
(f) Waiver.--Section 12(l) of the Act is amended--
(1) in paragraph (2)(A)--
(A) in clause (iii), by adding ``and'' at the end;
(B) in clause (iv), by striking the semicolon at the end
and inserting a period; and
(C) by striking clauses (v) through (vii);
(2) in paragraph (3)--
(A) by striking ``(A)''; and
(B) by striking subparagraphs (B) through (D);
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``of any requirement relating'' and inserting ``that
increases Federal costs or that relates'';
(B) by striking subparagraph (D);
(C) by redesignating subparagraphs (E) through (N) as
subparagraphs (D) through (M), respectively; and
(D) in subparagraph (L), as redesignated by subparagraph
(C), by striking ``and'' at the end and inserting ``or''; and
(4) in paragraph (6)--
(A) by striking ``(A)(i)'' and all that follows through
``(B)''; and
(B) by redesignating clauses (i) through (iv) as
subparagraphs (A) through (D), respectively.
(g) Food and Nutrition Projects.--Section 12 of the Act is
amended by striking subsection (m).
SEC. 3206. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Establishment of Program.--Section 13(a) of the
National School Lunch Act (42 U.S.C. 1761(a)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``initiate,
maintain, and expand'' and inserting ``initiate and
maintain''; and
(B) in subparagraph (E) of the second sentence, by striking
``the Trust Territory of the Pacific Islands,''; and
(2) in paragraph (7)(A), by striking ``Except as provided
in subparagraph (C), private'' and inserting ``Private''.
(b) Service Institutions.--Section 13(b) of the Act is
amended by striking ``(b)(1)'' and all that follows through
the end of paragraph (1) and inserting the following:
``(b) Service Institutions.--
``(1) Payments.--
``(A) In general.--Except as otherwise provided in this
paragraph, payments to service institutions shall equal the
full cost of food service operations (which cost shall
include the costs of obtaining, preparing, and serving food,
but shall not include administrative costs).
``(B) Maximum amounts.--Subject to subparagraph (C),
payments to any institution under subparagraph (A) shall not
exceed--
``(i) $1.82 for each lunch and supper served;
``(ii) $1.13 for each breakfast served; and
``(iii) 46 cents for each meal supplement served.
``(C) Adjustments.--Amounts specified in subparagraph (B)
shall be adjusted on January 1, 1997, and each January 1
thereafter, to the nearest lower cent increment in accordance
with the changes for the 12-month period ending the preceding
November 30 in the series for food away from home of the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor. Each
adjustment shall be based on the unrounded adjustment for the
prior 12-month period.''.
(c) Administration of Service Institutions.--Section
13(b)(2) of the Act is amended--
(1) in the first sentence, by striking ``four meals'' and
inserting ``3 meals, or 2 meals and 1 supplement,''; and
(2) by striking the second sentence.
(d) Reimbursements.--Section 13(c)(2) of the Act is
amended--
(1) by striking subparagraph (A);
(2) in subparagraph (B)--
(A) in the first sentence--
(i) by striking ``, and such higher education
institutions,''; and
(ii) by striking ``without application'' and inserting
``upon showing residence in areas in which poor economic
conditions exist or on the basis of income eligibility
statements for children enrolled in the program''; and
(B) by adding at the end the following: ``The higher
education institutions referred to in the preceding sentence
shall be eligible to participate in the program under this
paragraph without application.'';
(3) in subparagraph (C)(ii), by striking ``severe need'';
and
(4) by redesignating subparagraphs (B) through (E), as so
amended, as subparagraphs (A) through (D), respectively.
(e) Advance Program Payments.--Section 13(e)(1) of the Act
is amended--
(1) by striking ``institution: Provided, That (A) the'' and
inserting ``institution. The'';
(2) by inserting ``(excluding a school)'' after ``any
service institution''; and
(3) by striking ``responsibilities, and (B) no'' and
inserting ``responsibilities. No''.
(f) Food Requirements.--Section 13(f) of the Act is
amended--
(1) by redesignating the first through seventh sentences as
paragraphs (1) through (7), respectively;
(2) by striking paragraph (3), as redesignated by paragraph
(1);
(3) in paragraph (4), as redesignated by paragraph (1), by
striking ``the first sentence'' and inserting ``paragraph
(1)'';
(4) in paragraph (6), as redesignated by paragraph (1), by
striking ``that bacteria levels'' and all that follows
through the period at the end and inserting ``conformance
with standards set by local health authorities.''; and
(5) by redesignating paragraphs (4) through (7), as
redesignated by paragraph (1), as paragraphs (3) through (6),
respectively.
(g) Permitting Offer Versus Serve.--Section 13(f) of the
Act, as amended by subsection (f), is further amended by
adding at the end the following:
``(7) Offer versus serve.--A school food authority
participating as a service institution may permit a child
attending a site on school premises operated directly by the
authority to refuse not more than 1 item of a meal that the
child does not intend to consume. A refusal of an offered
food item shall not affect the amount of payments made under
this section to a school for the meal.''.
(h) Food Service Management Companies.--Section 13(l) of
the Act is amended--
(1) by striking paragraph (4);
(2) in paragraph (5), by striking the first sentence; and
(3) by redesignating paragraph (5), as so amended, as
paragraph (4).
(i) Records.--The second sentence of section 13(m) of the
Act is amended by striking ``at all times be available'' and
inserting ``be available at any reasonable time''.
(j) Removing Mandatory Notice to Institutions.--Section
13(n)(2) of the Act is amended by striking ``, and its plans
and schedule for informing service institutions of the
availability of the program''.
(k) Plan.--Section 13(n) of the Act is amended--
(1) in paragraph (2), by striking ``, including the State's
methods of assessing need'';
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ``and schedule''; and
(4) by redesignating paragraphs (4) through (7), as so
amended, as paragraphs (3) through (6), respectively.
(l) Monitoring and Training.--Section 13(q) of the Act is
amended--
(1) by striking paragraphs (2) and (4);
(2) in paragraph (3), by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph (1)''; and
(3) by redesignating paragraph (3), as so amended, as
paragraph (2).
(m) Expired Program.--Section 13 of the Act is amended--
(1) by striking subsection (p); and
(2) by redesignating subsections (q) and (r), as so
amended, as subsections (p) and (q), respectively.
(n) Effective Date.--The amendments made by subsection (b)
shall become effective on January 1, 1997.
SEC. 3207. COMMODITY DISTRIBUTION.
(a) Cereal and Shortening in Commodity Donations.--Section
14(b) of the National School Lunch Act (42 U.S.C. 1762a(b))
is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(b) Impact Study and Purchasing Procedures.--Section 14(d)
of the Act is amended by striking the second and third
sentences.
(c) Cash Compensation for Pilot Project Schools.--Section
14(g) of the Act is amended by striking paragraph (3).
(d) State Advisory Council.--Section 14 is amended--
[[Page 1606]]
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g), as so
amended, as subsections (e) and (f), respectively.
SEC. 3208. CHILD CARE FOOD PROGRAM.
(a) Establishment of Program.--Section 17 of the National
School Lunch Act (42 U.S.C. 1766) is amended--
(1) in the section heading, by striking ``and adult''; and
(2) in the first sentence of subsection (a), by striking
``initiate, maintain, and expand'' and inserting ``initiate
and maintain''.
(b) Payments to Sponsor Employees.--Paragraph (2) of the
last sentence of section 17(a) of the Act (42 U.S.C. 1766(a))
is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) in the case of a family or group day care home
sponsoring organization that employs more than 1 employee,
the organization does not base payments to an employee of the
organization on the number of family or group day care homes
recruited.''.
(c) Technical Assistance.--The last sentence of section
17(d)(1) of the Act is amended by striking ``, and shall
provide technical assistance'' and all that follows through
``its application''.
(d) Reimbursement of Child Care Institutions.--Section
17(f)(2)(B) of the Act (42 U.S.C. 1766(f)(2)(B)) is amended
by striking ``two meals and two supplements or three meals
and one supplement'' and inserting ``two meals and one
supplement''.
(e) Improved Targeting of Day Care Home Reimbursements.--
(1) Restructured day care home reimbursements.--Section
17(f)(3) of the Act is amended by striking ``(3)(A)
Institutions'' and all that follows through the end of
subparagraph (A) and inserting the following:
``(3) Reimbursement of family or group day care home
sponsoring organizations.--
``(A) Reimbursement factor.--
``(i) In general.--An institution that participates in the
program under this section as a family or group day care home
sponsoring organization shall be provided, for payment to a
home sponsored by the organization, reimbursement factors in
accordance with this subparagraph for the cost of obtaining
and preparing food and prescribed labor costs involved in
providing meals under this section.
``(ii) Tier i family or group day care homes.--
``(I) Definition.--In this paragraph, the term `tier I
family or group day care home' means--
``(aa) a family or group day care home that is located in a
geographic area, as defined by the Secretary based on census
data, in which at least 50 percent of the children residing
in the area are members of households whose incomes meet the
income eligibility guidelines for free or reduced price meals
under section 9;
``(bb) a family or group day care home that is located in
an area served by a school enrolling elementary students in
which at least 50 percent of the total number of children
enrolled are certified eligible to receive free or reduced
price school meals under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); or
``(cc) a family or group day care home that is operated by
a provider whose household meets the income eligibility
guidelines for free or reduced price meals under section 9
and whose income is verified by the sponsoring organization
of the home under regulations established by the Secretary.
``(II) Reimbursement.--Except as provided in subclause
(III), a tier I family or group day care home shall be
provided reimbursement factors under this clause without a
requirement for documentation of the costs described in
clause (i), except that reimbursement shall not be provided
under this subclause for meals or supplements served to the
children of a person acting as a family or group day care
home provider unless the children meet the income eligibility
guidelines for free or reduced price meals under section 9.
``(III) Factors.--Except as provided in subclause (IV), the
reimbursement factors applied to a home referred to in
subclause (II) shall be the factors in effect on July 1,
1996.
``(IV) Adjustments.--The reimbursement factors under this
subparagraph shall be adjusted on July 1, 1997, and each July
1 thereafter, to reflect changes in the Consumer Price Index
for food at home for the most recent 12-month period for
which the data are available. The reimbursement factors under
this subparagraph shall be rounded to the nearest lower cent
increment and based on the unrounded adjustment in effect on
June 30 of the preceding school year.
``(iii) Tier ii family or group day care homes.--
``(I) In general.--
``(aa) Factors.--Except as provided in subclause (II), with
respect to meals or supplements served under this clause by a
family or group day care home that does not meet the criteria
set forth in clause (ii)(I), the reimbursement factors shall
be 90 cents for lunches and suppers, 25 cents for breakfasts,
and 10 cents for supplements.
``(bb) Adjustments.--The factors shall be adjusted on July
1, 1997, and each July 1 thereafter, to reflect changes in
the Consumer Price Index for food at home for the most recent
12-month period for which the data are available. The
reimbursement factors under this item shall be rounded down
to the nearest lower cent increment and based on the
unrounded adjustment for the preceding 12-month period.
``(cc) Reimbursement.--A family or group day care home
shall be provided reimbursement factors under this subclause
without a requirement for documentation of the costs
described in clause (i), except that reimbursement shall not
be provided under this subclause for meals or supplements
served to the children of a person acting as a family or
group day care home provider unless the children meet the
income eligibility guidelines for free or reduced price meals
under section 9.
``(II) Other factors.--A family or group day care home that
does not meet the criteria set forth in clause (ii)(I) may
elect to be provided reimbursement factors determined in
accordance with the following requirements:
``(aa) Children eligible for free or reduced price meals.--
In the case of meals or supplements served under this
subsection to children who are members of households whose
incomes meet the income eligibility guidelines for free or
reduced price meals under section 9, the family or group day
care home shall be provided reimbursement factors set by the
Secretary in accordance with clause (ii)(III).
``(bb) Ineligible children.--In the case of meals or
supplements served under this subsection to children who are
members of households whose incomes do not meet the income
eligibility guidelines, the family or group day care home
shall be provided reimbursement factors in accordance with
subclause (I).
``(III) Information and determinations.--
``(aa) In general.--If a family or group day care home
elects to claim the factors described in subclause (II), the
family or group day care home sponsoring organization serving
the home shall collect the necessary income information, as
determined by the Secretary, from any parent or other
caretaker to make the determinations specified in subclause
(II) and shall make the determinations in accordance with
rules prescribed by the Secretary.
``(bb) Categorical eligibility.--In making a determination
under item (aa), a family or group day care home sponsoring
organization may consider a child participating in or
subsidized under, or a child with a parent participating in
or subsidized under, a federally or State supported child
care or other benefit program with an income eligibility
limit that does not exceed the eligibility standard for free
or reduced price meals under section 9 to be a child who is a
member of a household whose income meets the income
eligibility guidelines under section 9.
``(cc) Factors for children only.--A family or group day
care home may elect to receive the reimbursement factors
prescribed under clause (ii)(III) solely for the children
participating in a program referred to in item (bb) if the
home elects not to have income statements collected from
parents or other caretakers.
``(IV) Simplified meal counting and reporting procedures.--
The Secretary shall prescribe simplified meal counting and
reporting procedures for use by a family or group day care
home that elects to claim the factors under subclause (II)
and by a family or group day care home sponsoring
organization that sponsors the home. The procedures the
Secretary prescribes may include 1 or more of the following:
``(aa) Setting an annual percentage for each home of the
number of meals served that are to be reimbursed in
accordance with the reimbursement factors prescribed under
clause (ii)(III) and an annual percentage of the number of
meals served that are to be reimbursed in accordance with the
reimbursement factors prescribed under subclause (I), based
on the family income of children enrolled in the home in a
specified month or other period.
``(bb) Placing a home into 1 of 2 or more reimbursement
categories annually based on the percentage of children in
the home whose households have incomes that meet the income
eligibility guidelines under section 9, with each such
reimbursement category carrying a set of reimbursement
factors such as the factors prescribed under clause (ii)(III)
or subclause (I) or factors established within the range
of factors prescribed under clause (ii)(III) and subclause
(I).
``(cc) Such other simplified procedures as the Secretary
may prescribe.
``(V) Minimum verification requirements.--The Secretary may
establish any necessary minimum verification requirements.''.
(2) Grants to states to provide assistance to family or
group day care homes.--Section 17(f)(3) of the Act is amended
by adding at the end the following:
``(D) Grants to states to provide assistance to family or
group day care homes.--
``(i) In general.--
``(I) Reservation.--From amounts made available to carry
out this section, the Secretary shall reserve $5,000,000 of
the amount made available for fiscal year 1997.
``(II) Purpose.--The Secretary shall use the funds made
available under subclause (I) to provide grants to States for
the purpose of providing--
``(aa) assistance, including grants, to family and day care
home sponsoring organizations and other appropriate
organizations, in securing and providing training, materials,
automated data processing assistance, and other assistance
for the staff of the sponsoring organizations; and
``(bb) training and other assistance to family and group
day care homes in the imple
[[Page 1607]]
mentation of the amendment to subparagraph (A) made by
section 3208(e)(1) of the Personal Responsibility and Work
Opportunity Act of 1996.
``(ii) Allocation.--The Secretary shall allocate from the
funds reserved under clause (i)(I)--
``(I) $30,000 in base funding to each State; and
``(II) any remaining amount among the States, based on the
number of family day care homes participating in the program
in a State during fiscal year 1995 as a percentage of the
number of all family day care homes participating in the
program during fiscal year 1995.
``(iii) Retention of funds.--Of the amount of funds made
available to a State for fiscal year 1997 under clause (i),
the State may retain not to exceed 30 percent of the amount
to carry out this subparagraph.
``(iv) Additional payments.--Any payments received under
this subparagraph shall be in addition to payments that a
State receives under subparagraph (A).''.
(3) Provision of data.--Section 17(f)(3) of the Act, as
amended by paragraph (2), is further amended by adding at the
end the following:
``(E) Provision of data to family or group day care home
sponsoring organizations.--
``(i) Census data.--The Secretary shall provide to each
State agency administering a child care food program under
this section data from the most recent decennial census
survey or other appropriate census survey for which the data
are available showing which areas in the State meet the
requirements of subparagraph (A)(ii)(I)(aa). The State agency
shall provide the data to family or group day care home
sponsoring organizations located in the State.
``(ii) School data.--
``(I) In general.--A State agency administering the school
lunch program under this Act or the school breakfast program
under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) shall provide to approved family or group day care
home sponsoring organizations a list of schools serving
elementary school children in the State in which not less
than \1/2\ of the children enrolled are certified to
receive free or reduced price meals. The State agency
shall collect the data necessary to create the list
annually and provide the list on a timely basis to any
approved family or group day care home sponsoring
organization that requests the list.
``(II) Use of data from preceding school year.--In
determining for a fiscal year or other annual period whether
a home qualifies as a tier I family or group day care home
under subparagraph (A)(ii)(I), the State agency administering
the program under this section, and a family or group day
care home sponsoring organization, shall use the most current
available data at the time of the determination.
``(iii) Duration of determination.--For purposes of this
section, a determination that a family or group day care home
is located in an area that qualifies the home as a tier I
family or group day care home (as the term is defined in
subparagraph (A)(ii)(I)), shall be in effect for 3 years
(unless the determination is made on the basis of census
data, in which case the determination shall remain in effect
until more recent census data are available) unless the State
agency determines that the area in which the home is located
no longer qualifies the home as a tier I family or group day
care home.''.
(4) Conforming amendments.--Section 17(c) of the Act is
amended by inserting ``except as provided in subsection
(f)(3),'' after ``For purposes of this section,'' each place
it appears in paragraphs (1), (2), and (3).
(f) Reimbursement.--Section 17(f) of the Act is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking the third and fourth
sentences; and
(B) in subparagraph (C)--
(i) by striking ``(i)'' and
(ii) by striking clause (ii); and
(2) in paragraph (4), by striking ``shall'' and inserting
``may'' in the first sentence.
(g) Nutritional Requirements.--Section 17(g)(1) of the Act
is amended--
(1) in subparagraph (A), by striking the second sentence;
and
(2) in subparagraph (B), by striking the second sentence.
(h) Elimination of State Paperwork and Outreach Burden.--
Section 17 of the Act is amended by striking subsection (k)
and inserting the following:
``(k) Training and Technical Assistance.--A State
participating in the program established under this section
shall provide sufficient training, technical assistance, and
monitoring to facilitate effective operation of the program.
The Secretary shall assist the State in developing plans to
fulfill the requirements of this subsection.''.
(i) Records.--The second sentence of section 17(m) of the
Act is amended by striking ``at all times'' and inserting
``at any reasonable time''.
(j) Modification of Adult Care Food Program.--Section 17(o)
of the Act is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``adult day care centers'' and inserting
``day care centers for chronically impaired disabled
persons''; and
(B) by striking ``to persons 60 years of age or older or'';
and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``adult day care center'' and inserting
``day care center for chronically impaired disabled
persons''; and
(ii) in clause (i)--
(I) by striking ``adult'';
(II) by striking ``adults'' and inserting ``persons''; and
(III) by striking ``or persons 60 years of age or older'';
and
(B) in subparagraph (B), by striking ``adult day care
services'' and inserting ``day care services for chronically
impaired disabled persons''.
(k) Unneeded Provision.--Section 17 of the Act is amended
by striking subsection (q).
(l) Conforming Amendments.--
(1) Section 17B(f) of the Act (42 U.S.C. 1766b(f)) is
amended--
(A) in the subsection heading, by striking ``and Adult'';
and
(B) in paragraph (1), by striking ``and adult''.
(2) Section 18(e)(3)(B) of the Act (42 U.S.C.
1769(e)(3)(B)) is amended by striking ``and adult''.
(3) Section 25(b)(1)(C) of the Act (42 U.S.C.
1769f(b)(1)(C)) is amended by striking ``and adult''.
(4) Section 3(1) of the Healthy Meals for Healthy Americans
Act of 1994 (Public Law 103-448) is amended by striking ``and
adult''.
(m) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall become effective on the
date of enactment of this Act.
(2) Improved targeting of day care home reimbursements.--
The amendments made by paragraphs (1) and (4) of subsection
(e) shall become effective on July 1, 1997.
(3) Regulations.--
(A) Interim regulations.--Not later than January 1, 1997,
the Secretary shall issue interim regulations to implement--
(i) the amendments made by paragraphs (1), (3), and (4) of
subsection (e); and
(ii) section 17(f)(3)(C) of the National School Lunch Act
(42 U.S.C. 1766(f)(3)(C)).
(B) Final regulations.--Not later than July 1, 1997, the
Secretary shall issue final regulations to implement the
provisions of law referred to in subparagraph (A).
(n) Study of Impact of Amendments on Program Participation
and Family Day Care Licensing.--
(1) In general.--The Secretary of Agriculture, in
conjunction with the Secretary of Health and Human Services,
shall study the impact of the amendments made by this section
on--
(A) the number of family day care homes participating in
the child care food program established under section 17 of
the National School Lunch Act (42 U.S.C. 1766);
(B) the number of day care home sponsoring organizations
participating in the program;
(C) the number of day care homes that are licensed,
certified, registered, or approved by each State in
accordance with regulations issued by the Secretary;
(D) the rate of growth of the numbers referred to in
subparagraphs (A) through (C);
(E) the nutritional adequacy and quality of meals served in
family day care homes that--
(i) received reimbursement under the program prior to the
amendments made by this section but do not receive
reimbursement after the amendments made by this section; or
(ii) received full reimbursement under the program prior to
the amendments made by this section but do not receive full
reimbursement after the amendments made by this section; and
(F) the proportion of low-income children participating in
the program prior to the amendments made by this section and
the proportion of low-income children participating in the
program after the amendments made by this section.
(2) Required data.--Each State agency participating in the
child care food program under section 17 of the National
School Lunch Act (42 U.S.C. 1766) shall submit to the
Secretary data on--
(A) the number of family day care homes participating in
the program on June 30, 1997, and June 30, 1998;
(B) the number of family day care homes licensed,
certified, registered, or approved for service on June 30,
1997, and June 30, 1998; and
(C) such other data as the Secretary may require to carry
out this subsection.
(3) Submission of report.--Not later than 2 years after the
effective date of this section, the Secretary shall submit
the study required under this subsection to the Committee on
Economic and Educational Opportunities of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 3209. PILOT PROJECTS.
(a) Universal Free Pilot.--Section 18(d) of the National
School Lunch Act (42 U.S.C. 1769(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Demo Project Outside School Hours.--Section 18(e) of
the Act is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``(A)''; and
(ii) by striking ``shall'' and inserting ``may''; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (5) and inserting the following:
``(5) Authorization of appropriations.--There are
authorized to be appropriated to
[[Page 1608]]
carry out this subsection such sums as are necessary for each
of fiscal years 1997 and 1998.''.
(c) Eliminating Projects.--Section 18 of the Act is
amended--
(1) by striking subsections (a) and (g) through (i); and
(2) by redesignating subsections (b) through (f), as so
amended, as subsections (a) through (e), respectively.
(d) Conforming Amendment.--Section 17B(d)(1)(A) of the Act
(42 U.S.C. 1766b(d)(1)(A)) is amended by striking ``18(c)''
and inserting ``18(b)''.
SEC. 3210. REDUCTION OF PAPERWORK.
Section 19 of the National School Lunch Act (42 U.S.C.
1769a) is repealed.
SEC. 3211. INFORMATION ON INCOME ELIGIBILITY.
Section 23 of the National School Lunch Act (42 U.S.C.
1769d) is repealed.
SEC. 3212. NUTRITION GUIDANCE FOR CHILD NUTRITION PROGRAMS.
Section 24 of the National School Lunch Act (42 U.S.C.
1769e) is repealed.
SEC. 3213. INFORMATION CLEARINGHOUSE.
Section 26 of the National School Lunch Act (42 U.S.C.
1769g) is repealed.
CHAPTER 2--CHILD NUTRITION ACT OF 1966
SEC. 3221. SPECIAL MILK PROGRAM.
Section 3(a)(3) of the Child Nutrition Act of 1966 (42
U.S.C. 1772(a)(3)) is amended by striking ``the Trust
Territory of the Pacific Islands'' and inserting ``the
Commonwealth of the Northern Mariana Islands''.
SEC. 3222. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 4(b)(1) of the Child Nutrition Act of 1966 (42
U.S.C. 1773(b)(1)) is amended by adding at the end the
following:
``(E) Free and reduced price policy statement.--After the
initial submission, a school shall not be required to submit
a free and reduced price policy statement to a State
educational agency under this Act unless there is a
substantive change in the free and reduced price policy of
the school. A routine change in the policy of a school, such
as an annual adjustment of the income eligibility guidelines
for free and reduced price meals, shall not be sufficient
cause for requiring the school to submit a policy
statement.''.
SEC. 3223. SCHOOL BREAKFAST PROGRAM AUTHORIZATION.
(a) Training and Technical Assistance in Food
Preparation.--Section 4(e)(1) of the Child Nutrition Act of
1966 (42 U.S.C. 1773(e)(1)) is amended--
(1) in subparagraph (A), by striking ``(A)''; and
(2) by striking subparagraph (B).
(b) Expansion of Program; Startup and Expansion Costs.--
(1) In general.--Section 4 of the Act is amended by
striking subsections (f) and (g).
(2) Effective date.--The amendments made by paragraph (1)
shall become effective on October 1, 1996.
SEC. 3224. STATE ADMINISTRATIVE EXPENSES.
(a) Use of Funds for Commodity Distribution Administration;
Studies.--Section 7 of the Child Nutrition Act of 1966 (42
U.S.C. 1776) is amended--
(1) by striking subsections (e) and (h); and
(2) by redesignating subsections (f), (g), and (i) as
subsections (e), (f), and (g), respectively.
(b) Approval of Changes.--Section 7(e) of the Act, as so
redesignated, is amended--
(1) by striking ``each year an annual plan'' and inserting
``the initial fiscal year a plan''; and
(2) by adding at the end the following: ``After submitting
the initial plan, a State shall only be required to submit to
the Secretary for approval a substantive change in the
plan.''.
SEC. 3225. REGULATIONS.
Section 10(b) of the Child Nutrition Act of 1966 (42 U.S.C.
1779(b)) is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraphs (2) through (4).
SEC. 3226. PROHIBITIONS.
Section 11(a) of the Child Nutrition Act of 1966 (42 U.S.C.
1780(a)) is amended by striking ``neither the Secretary nor
the State shall'' and inserting ``the Secretary shall not''.
SEC. 3227. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C.
1784) is amended--
(1) in paragraph (1), by striking ``the Trust Territory of
the Pacific Islands'' and inserting ``the Commonwealth of the
Northern Mariana Islands''; and
(2) in the first sentence of paragraph (3)--
(A) in subparagraph (A), by inserting ``and'' at the end;
and
(B) by striking ``, and (C)'' and all that follows through
``Governor of Puerto Rico''.
SEC. 3228. ACCOUNTS AND RECORDS.
The second sentence of section 16(a) of the Child Nutrition
Act of 1966 (42 U.S.C. 1785(a)) is amended by striking ``at
all times be available'' and inserting ``be available at any
reasonable time''.
SEC. 3229. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN.
(a) Definitions.--Section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)) is amended--
(1) in paragraph (15)(B)(iii), by inserting ``of not more
than 365 days'' after ``accommodation''; and
(2) in paragraph (16)--
(A) in subparagraph (A), by adding ``and'' at the end; and
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(b) Secretary's Promotion of WIC.--Section 17(c) of the Act
is amended by striking paragraph (5).
(c) Eligible Participants.--Section 17(d) of the Act is
amended by striking paragraph (4).
(d) Nutrition Education and Drug Abuse Education.--Section
17(e) of the Act is amended--
(1) in the first sentence of paragraph (1), by striking
``shall ensure'' and all that follows through ``is provided''
and inserting ``shall provide nutrition education and may
provide drug abuse education'';
(2) in paragraph (2), by striking the third sentence;
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``shall'';
(B) by striking subparagraph (A);
(C) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(D) in subparagraphs (A) and (B) (as redesignated), by
inserting ``shall'' before ``provide'' each place it appears;
(E) in subparagraph (A) (as redesignated), by striking
``and'' at the end;
(F) in subparagraph (B) (as redesignated), by striking the
period and inserting ``; and''; and
(G) by adding at the end the following:
``(C) may provide a local agency with materials describing
other programs for which participants in the program may be
eligible.'';
(4) in paragraph (5), by striking ``The State'' and all
that follows through ``local agency shall'' and inserting
``Each local agency shall''; and
(5) by striking paragraph (6).
(e) State Plan.--Section 17(f) of the Act is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``annually to the Secretary, by a date
specified by the Secretary, a'' and inserting ``to the
Secretary, by a date specified by the Secretary, an
initial''; and
(ii) by adding at the end the following: ``After submitting
the initial plan, a State shall only be required to submit to
the Secretary for approval a substantive change in the
plan.'';
(B) in subparagraph (C)--
(i) by striking clause (iii) and inserting the following:
``(iii) a plan to coordinate operations under the program
with other services or programs that may benefit participants
in, and applicants for, the program;'';
(ii) in clause (vi), by inserting after ``in the State''
the following: ``(including a plan to improve access to the
program for participants and prospective applicants who are
employed, or who reside in rural areas)'';
(iii) in clause (vii), by striking ``to provide program
benefits'' and all that follows through ``emphasis on'' and
inserting ``for'';
(iv) by striking clauses (ix), (x), and (xii);
(v) in clause (xiii), by striking ``may require'' and
inserting ``may reasonably require''; and
(vi) by redesignating clauses (xi) and (xiii), as so
amended, as clauses (ix) and (x), respectively;
(C) by striking subparagraph (D); and
(D) by redesignating subparagraph (E) as subparagraph (D);
(2) by striking paragraphs (2), (6), (8), and (22);
(3) in the second sentence of paragraph (5), by striking
``at all times be available'' and inserting ``be available at
any reasonable time'';
(4) in paragraph (9)(B), by striking the second sentence;
(5) in the first sentence of paragraph (11), by striking
``, including standards that will ensure sufficient State
agency staff'';
(6) in paragraph (12), by striking the third sentence;
(7) in paragraph (14), by striking ``shall'' and inserting
``may'';
(8) in paragraph (17), by striking ``and to accommodate''
and all that follows through ``facilities'';
(9) in paragraph (19), by striking ``shall'' and inserting
``may''; and
(10) by redesignating paragraphs (3), (4), (5), (7), (9)
through (19), (20), (21), (23), and (24), as so amended, as
paragraphs (2), (3), (4), (5), (6) through (16), (17), (18),
(19), and (20), respectively.
(f) Information.--Section 17(g) of the Act is amended--
(1) in paragraph (5), by striking ``the report required
under subsection (d)(4)'' and inserting ``reports on program
participant characteristics''; and
(2) by striking paragraph (6).
(g) Procurement of Infant Formula.--
(1) In general.--Section 17(h) of the Act is amended--
(A) in paragraph (4)(E), by striking ``and, on'' and all
that follows through ``(d)(4)'';
(B) in paragraph (8)--
(i) by striking subparagraphs (A), (C), and (M);
(ii) in subparagraph (G)--
(I) in clause (i), by striking ``(i)''; and
(II) by striking clauses (ii) through (ix);
(iii) in subparagraph (I), by striking ``Secretary--'' and
all that follows through ``(v) may'' and inserting
``Secretary may'';
(iv) by redesignating subparagraphs (B) and (D) through (L)
as subparagraphs (A) and (B) through (J), respectively;
(v) in subparagraph (A)(i), as so redesignated, by striking
``subparagraphs (C), (D), and (E)(iii), in carrying out
subparagraph
[[Page 1609]]
(A),'' and inserting ``subparagraphs (B) and (C)(iii),'';
(vi) in subparagraph (B)(i), as so redesignated, by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)''; and
(vii) in subparagraph (C)(iii), as so redesignated, by
striking ``subparagraph (B)'' and inserting ``subparagraph
(A)''; and
(C) in paragraph (10)(B)--
(i) in clause (i), by striking the semicolon and inserting
``; and'';
(ii) in clause (ii), by striking ``; and'' and inserting a
period; and
(iii) by striking clause (iii).
(2) Application.--The amendments made by paragraph (1)
shall not apply to a contract for the procurement of infant
formula under section 17(h)(8) of the Act that is in effect
on the effective date of this subsection.
(h) National Advisory Council on Maternal, Infant, and
Fetal Nutrition.--Section 17(k)(3) of the Act is amended by
striking ``Secretary shall designate'' and inserting
``Council shall elect''.
(i) Completed Study; Community College Demonstration;
Grants for Information and Data System.--Section 17 of the
Act is amended by striking subsections (n), (o), and (p).
(j) Disqualification of Vendors Who Are Disqualified Under
the Food Stamp Program.--Section 17 of the Act, as so
amended, is further amended by adding at the end the
following:
``(n) Disqualification of Vendors Who Are Disqualified
Under the Food Stamp Program.--
``(1) In general.--The Secretary shall issue regulations
providing criteria for the disqualification under this
section of an approved vendor that is disqualified from
accepting benefits under the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
``(2) Terms.--A disqualification under paragraph (1)--
``(A) shall be for the same period as the disqualification
from the program referred to in paragraph (1);
``(B) may begin at a later date than the disqualification
from the program referred to in paragraph (1); and
``(C) shall not be subject to judicial or administrative
review.''.
SEC. 3230. CASH GRANTS FOR NUTRITION EDUCATION.
Section 18 of the Child Nutrition Act of 1966 (42 U.S.C.
1787) is repealed.
SEC. 3231. NUTRITION EDUCATION AND TRAINING.
(a) Findings.--Section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1788) is amended--
(1) in subsection (a), by striking ``that--'' and all that
follows through the period at the end and inserting ``that
effective dissemination of scientifically valid information
to children participating or eligible to participate in the
school lunch and related child nutrition programs should be
encouraged.''; and
(2) in subsection (b), by striking ``encourage'' and all
that follows through ``establishing'' and inserting
``establish''.
(b) Use of Funds.--Section 19(f) of the Act is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A)--
(i) by striking ``(A)'';
(ii) by striking clauses (ix) through (xix);
(iii) by redesignating clauses (i) through (viii) and (xx)
as subparagraphs (A) through (H) and (I), respectively;
(iv) in subparagraph (I), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(J) other appropriate related activities, as determined
by the State.'';
(2) by striking paragraphs (2) and (4); and
(3) by redesignating paragraph (3) as paragraph (2).
(c) Accounts, Records, and Reports.--The second sentence of
section 19(g)(1) of the Act is amended by striking ``at all
times be available'' and inserting ``be available at any
reasonable time''.
(d) State Coordinators for Nutrition; State Plan.--Section
19(h) of the Act is amended--
(1) in the second sentence of paragraph (1)--
(A) by striking ``as provided in paragraph (2) of this
subsection''; and
(B) by striking ``as provided in paragraph (3) of this
subsection'';
(2) in paragraph (2), by striking the second and third
sentences; and
(3) by striking paragraph (3).
(e) Authorization of Appropriations.--Section 19(i) of the
Act is amended--
(1) in the first sentence of paragraph (2)(A), by striking
``and each succeeding fiscal year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Fiscal years 1997 through 2002.--
``(A) In general.--There are authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal
years 1997 through 2002.
``(B) Grants.--
``(i) In general.--Grants to each State from the amounts
made available under subparagraph (A) shall be based on a
rate of 50 cents for each child enrolled in schools or
institutions within the State, except that no State shall
receive an amount less than $75,000 per fiscal year.
``(ii) Insufficient funds.--If the amount made available
for any fiscal year is insufficient to pay the amount to
which each State is entitled under clause (i), the amount of
each grant shall be ratably reduced.''.
(f) Assessment.--Section 19 of the Act is amended by
striking subsection (j).
(g) Effective Date.--The amendments made by subsection (e)
shall become effective on October 1, 1996.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 3241. COORDINATION OF SCHOOL LUNCH, SCHOOL BREAKFAST,
AND SUMMER FOOD SERVICE PROGRAMS.
(a) Coordination.--
(1) In general.--The Secretary of Agriculture shall develop
proposed changes to the regulations under the school lunch
program under the National School Lunch Act, the summer food
service program under section 13 of that Act, and the school
breakfast program under section 4 of the Child Nutrition Act
of 1966, for the purpose of simplifying and coordinating
those programs into a comprehensive meal program.
(2) Consultation.--In developing proposed changes to the
regulations under paragraph (1), the Secretary of Agriculture
shall consult with local, State, and regional administrators
of the programs described in such paragraph.
(b) Report.--Not later than November 1, 1997, the Secretary
of Agriculture shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Economic and Educational Opportunities of the House of
Representatives a report containing the proposed changes
developed under subsection (a).
Subtitle C--Related Provisions
SEC. 3301. REQUIREMENT THAT DATA RELATING TO THE INCIDENCE OF
POVERTY IN THE UNITED STATES BE PUBLISHED AT
LEAST EVERY 2 YEARS.
(a) In General.--The Secretary shall, to the extent
feasible, produce and publish for each State, county, and
local unit of general purpose government for which data have
been compiled in the then most recent census of population
under section 141(a) of title 13, United States Code, and for
each school district, data relating to the incidence of
poverty. Such data may be produced by means of sampling,
estimation, or any other method that the Secretary determines
will produce current, comprehensive, and reliable data.
(b) Content; Frequency.--Data under this section--
(1) shall include--
(A) for each school district, the number of children age 5
to 17, inclusive, in families below the poverty level; and
(B) for each State and county referred to in subsection
(a), the number of individuals age 65 or older below the
poverty level; and
(2) shall be published--
(A) for each State, county, and local unit of general
purpose government referred to in subsection (a), in 1997 and
at least every second year thereafter; and
(B) for each school district, in 1999 and at least every
second year thereafter.
(c) Authority To Aggregate.--
(1) In general.--If reliable data could not otherwise be
produced, the Secretary may, for purposes of subsection
(b)(1)(A), aggregate school districts, but only to the extent
necessary to achieve reliability.
(2) Information relating to use of authority.--Any data
produced under this subsection shall be appropriately
identified and shall be accompanied by a detailed explanation
as to how and why aggregation was used (including the
measures taken to minimize any such aggregation).
(d) Report To Be Submitted Whenever Data Is Not Timely
Published.--If the Secretary is unable to produce and publish
the data required under this section for any State, county,
local unit of general purpose government, or school district
in any year specified in subsection (b)(2), a report shall be
submitted by the Secretary to the President of the Senate and
the Speaker of the House of Representatives, not later than
90 days before the start of the following year, enumerating
each government or school district excluded and giving the
reasons for the exclusion.
(e) Criteria Relating to Poverty.--In carrying out this
section, the Secretary shall use the same criteria relating
to poverty as were used in the then most recent census of
population under section 141(a) of title 13, United States
Code (subject to such periodic adjustments as may be
necessary to compensate for inflation and other similar
factors).
(f) Consultation.--The Secretary shall consult with the
Secretary of Education in carrying out the requirements of
this section relating to school districts.
(g) Definition.--For the purpose of this section, the term
``Secretary'' means the Secretary of Health and Human
Services.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,500,000 for
each of fiscal years 1997 through 2000.
SEC. 3302. SENSE OF THE CONGRESS.
It is the sense of the Congress that this title, and the
amendments made by this title, should not result in an
increase in the number of children who are hungry, homeless,
poor, or medically uninsured.
[[Page 1610]]
SEC. 3303. LEGISLATIVE ACCOUNTABILITY.
In the event that this title, or the amendments made by
this title, results in an increase in the number of children
in the United States who are hungry, homeless, poor, or
medically uninsured by the end of the fiscal year 1997, the
Congress--
(1) shall revisit the provisions of this title, or the
amendments made by this title, which caused such increase;
and
(2) shall, as soon as practicable thereafter, pass
legislation that stops the continuation of such increase.
TITLE IV--COMMITTEE ON WAYS AND MEANS
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Personal Responsibility
and Work Opportunity Act of 1996''.
SEC. 4002. TABLE OF CONTENTS.
The table of contents of this title is as follows:
Sec. 4001. Short title.
Sec. 4002. Table of contents.
Subtitle A--Block Grants for Temporary Assistance for Needy Families
Sec. 4101. Findings.
Sec. 4102. Reference to Social Security Act.
Sec. 4103. Block grants to States.
Sec. 4104. Services provided by charitable, religious, or private
organizations.
Sec. 4105. Census data on grandparents as primary caregivers for their
grandchildren.
Sec. 4106. Report on data processing.
Sec. 4107. Study on alternative outcomes measures.
Sec. 4108. Conforming amendments to the Social Security Act.
Sec. 4109. Conforming amendments to the Food Stamp Act of 1977 and
related provisions.
Sec. 4110. Conforming amendments to other laws.
Sec. 4111. Development of prototype of counterfeit-resistant social
security card required.
Sec. 4112. Disclosure of receipt of Federal funds.
Sec. 4113. Modifications to the job opportunities for certain low-
income individuals program.
Sec. 4114. Secretarial submission of legislative proposal for technical
and conforming amendments.
Sec. 4115. Conforming amendments to medicaid program.
Sec. 4116. Effective date; transition rule.
Subtitle B--Supplemental Security Income
Sec. 4200. Reference to Social Security Act.
Chapter 1--Eligibility Restrictions
Sec. 4201. Denial of SSI benefits for 10 years to individuals found to
have fraudulently misrepresented residence in order to
obtain benefits simultaneously in 2 or more States.
Sec. 4202. Denial of SSI benefits for fugitive felons and probation and
parole violators.
Sec. 4203. Treatment of prisoners.
Sec. 4204. Effective date of application for benefits.
Chapter 2--Benefits For Disabled Children
Sec. 4211. Definition and eligibility rules.
Sec. 4212. Eligibility redeterminations and continuing disability
reviews.
Sec. 4213. Additional accountability requirements.
Sec. 4214. Reduction in cash benefits payable to institutionalized
individuals whose medical costs are covered by private
insurance.
Sec. 4215. Regulations.
Chapter 3--Additional Enforcement Provisions
Sec. 4221. Installment payment of large past-due supplemental security
income benefits.
Sec. 4222. Recovery of supplemental security income overpayments from
social security benefits.
Sec. 4223. Regulations.
Chapter 4--State Supplementation Programs
Sec. 4225. Repeal of maintenance of effort requirements applicable to
optional State programs for supplementation of SSI
benefits.
Chapter 5--Studies Regarding Supplemental Security Income Program
Sec. 4231. Annual report on the supplemental security income program.
Sec. 4232. Study of disability determination process.
Sec. 4233. Study by General Accounting Office.
Chapter 6--National Commission on the Future of Disability
Sec. 4241. Establishment.
Sec. 4242. Duties of the commission.
Sec. 4243. Membership.
Sec. 4244. Staff and support services.
Sec. 4245. Powers of commission.
Sec. 4246. Reports.
Sec. 4247. Termination.
Sec. 4248. Authorization of appropriations.
Subtitle C--Child Support
Sec. 4300. Reference to Social Security Act.
Chapter 1--Eligibility For Services; Distribution of Payments
Sec. 4301. State obligation to provide child support enforcement
services.
Sec. 4302. Distribution of child support collections.
Sec. 4303. Privacy safeguards.
Sec. 4304. Rights to notification of hearings.
Chapter 2--Locate And Case Tracking
Sec. 4311. State case registry.
Sec. 4312. Collection and disbursement of support payments.
Sec. 4313. State directory of new hires.
Sec. 4314. Amendments concerning income withholding.
Sec. 4315. Locator information from interstate networks.
Sec. 4316. Expansion of the Federal Parent Locator Service.
Sec. 4317. Collection and use of social security numbers for use in
child support enforcement.
Chapter 3--Streamlining And Uniformity of Procedures
Sec. 4321. Adoption of uniform State laws.
Sec. 4322. Improvements to full faith and credit for child support
orders.
Sec. 4323. Administrative enforcement in interstate cases.
Sec. 4324. Use of forms in interstate enforcement.
Sec. 4325. State laws providing expedited procedures.
Chapter 4--Paternity Establishment
Sec. 4331. State laws concerning paternity establishment.
Sec. 4332. Outreach for voluntary paternity establishment.
Sec. 4333. Cooperation by applicants for and recipients of part A
assistance.
Chapter 5--Program Administration and Funding
Sec. 4341. Performance-based incentives and penalties.
Sec. 4342. Federal and State reviews and audits.
Sec. 4343. Required reporting procedures.
Sec. 4344. Automated data processing requirements.
Sec. 4345. Technical assistance.
Sec. 4346. Reports and data collection by the Secretary.
Sec. 4347. Child support delinquency penalty.
Chapter 6--Establishment And Modification of Support Orders
Sec. 4351. Simplified process for review and adjustment of child
support orders.
Sec. 4352. Furnishing consumer reports for certain purposes relating to
child support.
Sec. 4353. Nonliability for financial institutions providing financial
records to State child support enforcement agencies in
child support cases.
Chapter 7--Enforcement Of Support Orders
Sec. 4361. Internal Revenue Service collection of arrearages.
Sec. 4362. Authority to collect support from Federal employees.
Sec. 4363. Enforcement of child support obligations of members of the
Armed Forces.
Sec. 4364. Voiding of fraudulent transfers.
Sec. 4365. Work requirement for persons owing past-due child support.
Sec. 4366. Definition of support order.
Sec. 4367. Reporting arrearages to credit bureaus.
Sec. 4368. Liens.
Sec. 4369. State law authorizing suspension of licenses.
Sec. 4370. Denial of passports for nonpayment of child support.
Sec. 4371. International support enforcement.
Sec. 4372. Financial institution data matches.
Sec. 4373. Enforcement of orders against paternal or maternal
grandparents in cases of minor parents.
Sec. 4374. Nondischargeability in bankruptcy of certain debts for the
support of a child.
Chapter 8--Medical Support
Sec. 4376. Correction to ERISA definition of medical child support
order.
Sec. 4377. Enforcement of orders for health care coverage.
Chapter 9--Enhancing Responsibility and Opportunity for Non-residential
Parents
Sec. 4381. Grants to States for access and visitation programs.
Chapter 10--Effective Dates and Conforming Amendments
Sec. 4391. Effective dates and conforming amendments.
Subtitle D--Restricting Welfare and Public Benefits for Aliens
Sec. 4400. Statements of national policy concerning welfare and
immigration.
Chapter 1--Eligibility For Federal Benefits
Sec. 4401. Aliens who are not qualified aliens ineligible for Federal
public benefits.
Sec. 4402. Limited eligibility of qualified aliens for certain Federal
programs.
Sec. 4403. Five-year limited eligibility of qualified aliens for
Federal means-tested public benefit.
Sec. 4404. Notification and information reporting.
Chapter 2--Eligibility For State and Local Public Benefits Programs
Sec. 4411. Aliens who are not qualified aliens or nonimmigrants
ineligible for State and local public benefits.
[[Page 1611]]
Sec. 4412. State authority to limit eligibility of qualified aliens for
State public benefits.
Chapter 3--Attribution Of Income and Affidavits of Support
Sec. 4421. Federal attribution of sponsor's income and resources to
alien.
Sec. 4422. Authority for States to provide for attribution of sponsors
income and resources to the alien with respect to State
programs.
Sec. 4423. Requirements for sponsor's affidavit of support.
Chapter 4--General Provisions
Sec. 4431. Definitions.
Sec. 4432. Verification of eligibility for Federal public benefits.
Sec. 4433. Statutory construction.
Sec. 4434. Communication between State and local government agencies
and the Immigration and Naturalization Service.
Sec. 4435. Qualifying quarters.
Chapter 5--Conforming Amendments Relating to Assisted Housing
Sec. 4441. Conforming amendments relating to assisted housing.
Chapter 6--Earned Income Credit Denied to Unauthorized Employees
Sec. 4451. Earned income credit denied to individuals not authorized to
be employed in the United States.
Subtitle E--Reform of Public Housing
Sec. 4601. Fraud under means-tested welfare and public assistance
programs.
Subtitle F--Child Protection Block Grant Programs and Foster Care,
Adoption Assistance, and Independent Living Programs
Chapter 1--Child Protection Block Grant Program and Foster Care,
Adoption Assistance, and Independent Living Programs
SUBCHAPTER A--BLOCK GRANTS TO STATES FOR THE PROTECTION OF CHILDREN
Sec. 4701. Establishment of program.
Sec. 4702. Conforming amendments.
SUBCHAPTER B--FOSTER CARE, ADOPTION ASSISTANCE, AND INDEPENDENT LIVING
PROGRAMS
Sec. 4711. Conforming amendments to part E of title IV.
SUBCHAPTER C--MISCELLANEOUS
Sec. 4721. Secretarial submission of legislative proposal for technical
and conforming amendments.
Sec. 4722. Sense of the Congress regarding timely adoption of children.
Sec. 4723. Removal of barriers to interethnic adoption.
Sec. 4724. Effective date; transition rules.
Chapter 2--Child And Family Services Block Grant
Sec. 4751. Child and family services block grant.
Sec. 4752. Reauthorizations.
Sec. 4753. Repeals.
Subtitle G--Reductions in Federal Government Positions
Sec. 4801. Reductions.
Sec. 4802. Reductions in Federal bureaucracy.
Sec. 4803. Reducing personnel in Washington, D.C. area.
Subtitle H--Miscellaneous
Sec. 4901. Appropriation by State legislatures.
Sec. 4902. Sanctioning for testing positive for controlled substances.
Sec. 4903. Reduction in block grants to States for social services.
Subtitle A--Block Grants for Temporary Assistance for Needy Families
SEC. 4101. FINDINGS.
The Congress makes the following findings:
(1) Marriage is the foundation of a successful society.
(2) Marriage is an essential institution of a successful
society which promotes the interests of children.
(3) Promotion of responsible fatherhood and motherhood is
integral to successful child rearing and the well-being of
children.
(4) In 1992, only 54 percent of single-parent families with
children had a child support order established and, of that
54 percent, only about one-half received the full amount due.
Of the cases enforced through the public child support
enforcement system, only 18 percent of the caseload has a
collection.
(5) The number of individuals receiving aid to families
with dependent children (in this section referred to as
``AFDC'') has more than tripled since 1965. More than two-
thirds of these recipients are children. Eighty-nine percent
of children receiving AFDC benefits now live in homes in
which no father is present.
(A)(i) The average monthly number of children receiving
AFDC benefits--
(I) was 3,300,000 in 1965;
(II) was 6,200,000 in 1970;
(III) was 7,400,000 in 1980; and
(IV) was 9,300,000 in 1992.
(ii) While the number of children receiving AFDC benefits
increased nearly threefold between 1965 and 1992, the total
number of children in the United States aged 0 to 18 has
declined by 5.5 percent.
(B) The Department of Health and Human Services has
estimated that 12,000,000 children will receive AFDC benefits
within 10 years.
(C) The increase in the number of children receiving public
assistance is closely related to the increase in births to
unmarried women. Between 1970 and 1991, the percentage of
live births to unmarried women increased nearly threefold,
from 10.7 percent to 29.5 percent.
(6) The increase of out-of-wedlock pregnancies and births
is well documented as follows:
(A) It is estimated that the rate of nonmarital teen
pregnancy rose 23 percent from 54 pregnancies per 1,000
unmarried teenagers in 1976 to 66.7 pregnancies in 1991. The
overall rate of nonmarital pregnancy rose 14 percent from
90.8 pregnancies per 1,000 unmarried women in 1980 to 103 in
both 1991 and 1992. In contrast, the overall pregnancy rate
for married couples decreased 7.3 percent between 1980 and
1991, from 126.9 pregnancies per 1,000 married women in 1980
to 117.6 pregnancies in 1991.
(B) The total of all out-of-wedlock births between 1970 and
1991 has risen from 10.7 percent to 29.5 percent and if the
current trend continues, 50 percent of all births by the year
2015 will be out-of-wedlock.
(7) The negative consequences of an out-of-wedlock birth on
the mother, the child, the family, and society are well
documented as follows:
(A) Young women 17 and under who give birth outside of
marriage are more likely to go on public assistance and to
spend more years on welfare once enrolled. These combined
effects of ``younger and longer'' increase total AFDC costs
per household by 25 percent to 30 percent for 17-year-olds.
(B) Children born out-of-wedlock have a substantially
higher risk of being born at a very low or moderately low
birth weight.
(C) Children born out-of-wedlock are more likely to
experience low verbal cognitive attainment, as well as more
child abuse, and neglect.
(D) Children born out-of-wedlock were more likely to have
lower cognitive scores, lower educational aspirations, and a
greater likelihood of becoming teenage parents themselves.
(E) Being born out-of-wedlock significantly reduces the
chances of the child growing up to have an intact marriage.
(F) Children born out-of-wedlock are 3 times more likely to
be on welfare when they grow up.
(8) Currently 35 percent of children in single-parent homes
were born out-of-wedlock, nearly the same percentage as that
of children in single-parent homes whose parents are divorced
(37 percent). While many parents find themselves, through
divorce or tragic circumstances beyond their control, facing
the difficult task of raising children alone, nevertheless,
the negative consequences of raising children in single-
parent homes are well documented as follows:
(A) Only 9 percent of married-couple families with children
under 18 years of age have income below the national poverty
level. In contrast, 46 percent of female-headed households
with children under 18 years of age are below the national
poverty level.
(B) Among single-parent families, nearly \1/2\ of the
mothers who never married received AFDC while only \1/5\ of
divorced mothers received AFDC.
(C) Children born into families receiving welfare
assistance are 3 times more likely to be on welfare when they
reach adulthood than children not born into families
receiving welfare.
(D) Mothers under 20 years of age are at the greatest risk
of bearing low-birth-weight babies.
(E) The younger the single parent mother, the less likely
she is to finish high school.
(F) Young women who have children before finishing high
school are more likely to receive welfare assistance for a
longer period of time.
(G) Between 1985 and 1990, the public cost of births to
teenage mothers under the aid to families with dependent
children program, the food stamp program, and the medicaid
program has been estimated at $120,000,000,000.
(H) The absence of a father in the life of a child has a
negative effect on school performance and peer adjustment.
(I) Children of teenage single parents have lower cognitive
scores, lower educational aspirations, and a greater
likelihood of becoming teenage parents themselves.
(J) Children of single-parent homes are 3 times more likely
to fail and repeat a year in grade school than are children
from intact 2-parent families.
(K) Children from single-parent homes are almost 4 times
more likely to be expelled or suspended from school.
(L) Neighborhoods with larger percentages of youth aged 12
through 20 and areas with higher percentages of single-parent
households have higher rates of violent crime.
(M) Of those youth held for criminal offenses within the
State juvenile justice system, only 29.8 percent lived
primarily in a home with both parents. In contrast to these
incarcerated youth, 73.9 percent of the 62,800,000 children
in the Nation's resident population were living with both
parents.
(9) Therefore, in light of this demonstration of the crisis
in our Nation, it is the sense of the Congress that
prevention of out-of-wedlock pregnancy and reduction in out-
of-wedlock birth are very important Government interests and
the policy contained in part A of title IV of the Social
Security Act (as amended by section 4103(a) of this Act) is
intended to address the crisis.
SEC. 4102. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
subtitle an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference
shall be considered to be made to that
[[Page 1612]]
section or other provision of the Social Security Act.
SEC. 4103. BLOCK GRANTS TO STATES.
(a) In General.--Part A of title IV (42 U.S.C. 601 et seq.)
is amended--
(1) by striking all that precedes section 418 (as added by
section 4803(b)(2) of this Act) and inserting the following:
``PART A--BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES
``SEC. 401. PURPOSE.
``(a) In General.--The purpose of this part is to increase
the flexibility of States in operating a program designed
to--
``(1) provide assistance to needy families so that children
may be cared for in their own homes or in the homes of
relatives;
``(2) end the dependence of needy parents on government
benefits by promoting job preparation, work, and marriage;
``(3) prevent and reduce the incidence of out-of-wedlock
pregnancies and establish annual numerical goals for
preventing and reducing the incidence of these pregnancies;
and
``(4) encourage the formation and maintenance of two-parent
families.
``(b) No Individual Entitlement.--This part shall not be
interpreted to entitle any individual or family to assistance
under any State program funded under this part.
``SEC. 402. ELIGIBLE STATES; STATE PLAN.
``(a) In General.--As used in this part, the term `eligible
State' means, with respect to a fiscal year, a State that,
during the 2-year period immediately preceding the fiscal
year, has submitted to the Secretary a plan that the
Secretary has found includes the following:
``(1) Outline of family assistance program.--
``(A) General provisions.--A written document that outlines
how the State intends to do the following:
``(i) Conduct a program, designed to serve all political
subdivisions in the State (not necessarily in a uniform
manner), that provides assistance to needy families with (or
expecting) children and provides parents with job
preparation, work, and support services to enable them to
leave the program and become self-sufficient.
``(ii) Require a parent or caretaker receiving assistance
under the program to engage in work (as defined by the State)
once the State determines the parent or caretaker is ready to
engage in work, or once the parent or caretaker has received
assistance under the program for 24 months (whether or not
consecutive), whichever is earlier.
``(iii) Ensure that parents and caretakers receiving
assistance under the program engage in work activities in
accordance with section 407.
``(iv) Take such reasonable steps as the State deems
necessary to restrict the use and disclosure of information
about individuals and families receiving assistance under the
program attributable to funds provided by the Federal
Government.
``(B) Special provisions.--
``(i) The document shall indicate whether the State intends
to treat families moving into the State from another State
differently than other families under the program, and if so,
how the State intends to treat such families under the
program.
``(ii) The document shall indicate whether the State
intends to provide assistance under the program to
individuals who are not citizens of the United States, and
if so, shall include an overview of such assistance.
``(iii) The document shall set forth objective criteria for
the delivery of benefits and the determination of eligibility
and for fair and equitable treatment, including an
explanation of how the State will provide opportunities for
recipients who have been adversely affected to be heard in a
State administrative or appeal process.
``(2) Certification that the state will operate a child
support enforcement program.--A certification by the chief
executive officer of the State that, during the fiscal year,
the State will operate a child support enforcement program
under the State plan approved under part D.
``(3) Certification that the state will operate a child
protection program.--A certification by the chief executive
officer of the State that, during the fiscal year, the State
will operate a child protection program under the State plan
approved under part B.
``(4) Certification of the administration of the program.--
A certification by the chief executive officer of the State
specifying which State agency or agencies will administer and
supervise the program referred to in paragraph (1) for the
fiscal year, which shall include assurances that local
governments and private sector organizations--
``(A) have been consulted regarding the plan and design of
welfare services in the State so that services are provided
in a manner appropriate to local populations; and
``(B) have had at least 45 days to submit comments on the
plan and the design of such services.
``(5) Certification that the state will provide indians
with equitable access to assistance.--A certification by the
chief executive officer of the State that, during the fiscal
year, the State will provide each Indian who is a member of
an Indian tribe in the State that does not have a tribal
family assistance plan approved under section 412 with
equitable access to assistance under the State program funded
under this part attributable to funds provided by the Federal
Government.
``(b) Public Availability of State Plan Summary.--The State
shall make available to the public a summary of any plan
submitted by the State under this section.
``SEC. 403. GRANTS TO STATES.
``(a) Grants.--
``(1) Family assistance grant.--
``(A) In general.--Each eligible State shall be entitled to
receive from the Secretary, for each of fiscal years 1996,
1997, 1998, 1999, 2000, and 2001 a grant in an amount equal
to the State family assistance grant.
``(B) State family assistance grant defined.--As used in
this part, the term `State family assistance grant' means the
greatest of--
``(i) \1/3\ of the total amount required to be paid to the
State under former section 403 (as in effect on September 30,
1995) for fiscal years 1992, 1993, and 1994 (other than with
respect to amounts expended by the State for child care under
subsection (g) or (i) of former section 402 (as so in
effect));
``(ii)(I) the total amount required to be paid to the State
under former section 403 for fiscal year 1994 (other than
with respect to amounts expended by the State for child care
under subsection (g) or (i) of former section 402 (as so in
effect)); plus
``(II) an amount equal to 85 percent of the amount (if any)
by which the total amount required to be paid to the State
under former section 403(a)(5) for emergency assistance
for fiscal year 1995 exceeds the total amount required to
be paid to the State under former section 403(a)(5) for
fiscal year 1994, if, during fiscal year 1994 or 1995, the
Secretary approved under former section 402 an amendment
to the former State plan to allow the provision of
emergency assistance in the context of family
preservation; or
``(iii) \4/3\ of the total amount required to be paid to
the State under former section 403 (as in effect on September
30, 1995) for the 1st 3 quarters of fiscal year 1995 (other
than with respect to amounts expended by the State under the
State plan approved under part F (as so in effect) or for
child care under subsection (g) or (i) of former section 402
(as so in effect)), plus the total amount required to be paid
to the State for fiscal year 1995 under former section 403(l)
(as so in effect).
``(C) Total amount required to be paid to the state under
former section 403 defined.--As used in this part, the term
`total amount required to be paid to the State under former
section 403' means, with respect to a fiscal year--
``(i) in the case of a State to which section 1108 does not
apply, the sum of--
``(I) the Federal share of maintenance assistance
expenditures for the fiscal year, before reduction pursuant
to subparagraph (B) or (C) of section 403(b)(2) (as in effect
on September 30, 1995), as reported by the State on ACF Form
231;
``(II) the Federal share of administrative expenditures
(including administrative expenditures for the development of
management information systems) for the fiscal year, as
reported by the State on ACF Form 231;
``(III) the Federal share of emergency assistance
expenditures for the fiscal year, as reported by the State on
ACF Form 231;
``(IV) the Federal share of expenditures for the fiscal
year with respect to child care pursuant to subsections (g)
and (i) of former section 402 (as in effect on September 30,
1995), as reported by the State on ACF Form 231; and
``(V) the aggregate amount required to be paid to the State
for the fiscal year with respect to the State program
operated under part F (as in effect on September 30, 1995),
as determined by the Secretary, including additional
obligations or reductions in obligations made after the close
of the fiscal year; and
``(ii) in the case of a State to which section 1108
applies, the lesser of--
``(I) the sum described in clause (i); or
``(II) the total amount certified by the Secretary under
former section 403 (as in effect during the fiscal year) with
respect to the territory.
``(D) Information to be used in determining amounts.--
``(i) For fiscal years 1992 and 1993.--
``(I) In determining the amounts described in subclauses
(I) through (IV) of subparagraph (C)(i) for any State for
each of fiscal years 1992 and 1993, the Secretary shall use
information available as of April 28, 1995.
``(II) In determining the amount described in subparagraph
(C)(i)(V) for any State for each of fiscal years 1992 and
1993, the Secretary shall use information available as of
January 6, 1995.
``(ii) For fiscal year 1994.--In determining the amounts
described in subparagraph (C)(i) for any State for fiscal
year 1994, the Secretary shall use information available as
of April 28, 1995.
``(iii) For fiscal year 1995.--
``(I) In determining the amount described in subparagraph
(B)(ii)(II) for any State for fiscal year 1995, the Secretary
shall use the information which was reported by the States
and estimates made by the States with respect to emergency
assistance expenditures and was available as of August 11,
1995.
``(II) In determining the amounts described in subclauses
(I) through (III) of subparagraph (C)(i) for any State for
fiscal year 1995, the Secretary shall use information
available as of October 2, 1995.
``(III) In determining the amount described in subparagraph
(C)(i)(IV) for any State for fiscal year 1995, the Secretary
shall use information available as of February 28, 1996.
[[Page 1613]]
``(IV) In determining the amount described in subparagraph
(C)(i)(V) for any State for fiscal year 1995, the Secretary
shall use information available as of October 5, 1995.
``(E) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1996, 1997, 1998, 1999, 2000,
and 2001 such sums as are necessary for grants under this
paragraph.
``(2) Grant to reward states that reduce out-of-wedlock
births.--
``(A) In general.--Each eligible State shall be entitled to
receive from the Secretary for fiscal year 1998 or any
succeeding fiscal year, a grant in an amount equal to the
State family assistance grant multiplied by--
``(i) 5 percent if--
``(I) the illegitimacy ratio of the State for the fiscal
year is at least 1 percentage point lower than the
illegitimacy ratio of the State for fiscal year 1995; and
``(II) the rate of induced pregnancy terminations in the
State for the fiscal year is less than the rate of induced
pregnancy terminations in the State for fiscal year 1995; or
``(ii) 10 percent if--
``(I) the illegitimacy ratio of the State for the fiscal
year is at least 2 percentage points lower than the
illegitimacy ratio of the State for fiscal year 1995; and
``(II) the rate of induced pregnancy terminations in the
State for the fiscal year is less than the rate of induced
pregnancy terminations in the State for fiscal year 1995.
``(B) Illegitimacy ratio.--As used in this paragraph, the
term `illegitimacy ratio' means, with respect to a State and
a fiscal year--
``(i) the number of out-of-wedlock births that occurred in
the State during the most recent fiscal year for which such
information is available; divided by
``(ii) the number of births that occurred in the State
during the most recent fiscal year for which such information
is available.
``(C) Disregard of changes in data due to changed reporting
methods.--For purposes of subparagraph (A), the Secretary
shall disregard--
``(i) any difference between the illegitimacy ratio of a
State for a fiscal year and the illegitimacy ratio of the
State for fiscal year 1995 which is attributable to a change
in State methods of reporting data used to calculate the
illegitimacy ratio; and
``(ii) any difference between the rate of induced pregnancy
terminations in a State for a fiscal year and such rate for
fiscal year 1995 which is attributable to a change in State
methods of reporting data used to calculate such rate.
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal year 1998 and for each succeeding
fiscal year such sums as are necessary for grants under this
paragraph.
``(3) Supplemental grant for population increases in
certain states.--
``(A) In general.--Each qualifying State shall, subject to
subparagraph (F), be entitled to receive from the Secretary--
``(i) for fiscal year 1997 a grant in an amount equal to
2.5 percent of the total amount required to be paid to the
State under former section 403 (as in effect during fiscal
year 1994) for fiscal year 1994; and
``(ii) for each of fiscal years 1998, 1999, and 2000, a
grant in an amount equal to the sum of--
``(I) the amount (if any) required to be paid to the State
under this paragraph for the immediately preceding fiscal
year; and
``(II) 2.5 percent of the sum of--
``(aa) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; and
``(bb) the amount (if any) required to be paid to the State
under this paragraph for the fiscal year preceding the fiscal
year for which the grant is to be made.
``(B) Preservation of grant without increases for states
failing to remain qualifying states.--Each State that is not
a qualifying State for a fiscal year specified in
subparagraph (A)(ii) but was a qualifying State for a prior
fiscal year shall, subject to subparagraph (F), be entitled
to receive from the Secretary for the specified fiscal year,
a grant in an amount equal to the amount required to be paid
to the State under this paragraph for the most recent fiscal
year for which the State was a qualifying State.
``(C) Qualifying state.--
``(i) In general.--For purposes of this paragraph, a State
is a qualifying State for a fiscal year if--
``(I) the level of welfare spending per poor person by the
State for the immediately preceding fiscal year is less than
the national average level of State welfare spending per poor
person for such preceding fiscal year; and
``(II) the population growth rate of the State (as
determined by the Bureau of the Census) for the most recent
fiscal year for which information is available exceeds the
average population growth rate for all States (as so
determined) for such most recent fiscal year.
``(ii) State must qualify in fiscal year 1997.--
Notwithstanding clause (i), a State shall not be a qualifying
State for any fiscal year after 1997 by reason of clause (i)
if the State is not a qualifying State for fiscal year 1997
by reason of clause (i).
``(iii) Certain states deemed qualifying states.--For
purposes of this paragraph, a State is deemed to be a
qualifying State for fiscal years 1997, 1998, 1999, and 2000
if--
``(I) the level of welfare spending per poor person by the
State for fiscal year 1996 is less than 35 percent of the
national average level of State welfare spending per poor
person for fiscal year 1996; or
``(II) the population of the State increased by more than
10 percent from April 1, 1990 to July 1, 1994, according to
the population estimates in publication CB94-204 of the
Bureau of the Census.
``(D) Definitions.--As used in this paragraph:
``(i) Level of welfare spending per poor person.--The term
`level of State welfare spending per poor person' means, with
respect to a State and a fiscal year--
``(I) the sum of--
``(aa) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; and
``(bb) the amount (if any) paid to the State under this
paragraph for the immediately preceding fiscal year; divided
by
``(II) the number of individuals, according to the 1990
decennial census, who were residents of the State and whose
income was below the poverty line.
``(ii) National average level of state welfare spending per
poor person.--The term `national average level of State
welfare spending per poor person' means, with respect to a
fiscal year, an amount equal to--
``(I) the total amount required to be paid to the States
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; divided by
``(II) the number of individuals, according to the 1990
decennial census, who were residents of any State and whose
income was below the poverty line.
``(iii) State.--The term `State' means each of the 50
States of the United States and the District of Columbia.
``(E) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1997, 1998, 1999, and 2000 such
sums as are necessary for grants under this paragraph, in a
total amount not to exceed $800,000,000.
``(F) Grants reduced pro rata if insufficient
appropriations.--If the amount appropriated pursuant to this
paragraph for a fiscal year is less than the total amount of
payments otherwise required to be made under this paragraph
for the fiscal year, then the amount otherwise payable to any
State for the fiscal year under this paragraph shall be
reduced by a percentage equal to the amount so appropriated
divided by such total amount.
``(G) Budget scoring.--Notwithstanding section 257(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985, the baseline shall assume that no grant shall be made
under this paragraph after fiscal year 2000.
``(4) Bonus to reward high performance states.--
``(A) In general.--The Secretary shall make a grant
pursuant to this paragraph to each State for each bonus year
for which the State is a high performing State.
``(B) Amount of grant.--
``(i) In general.--Subject to clause (ii) of this
subparagraph, the Secretary shall determine the amount of the
grant payable under this paragraph to a high performing State
for a bonus year, which shall be based on the score assigned
to the State under subparagraph (D)(i) for the fiscal year
that immediately precedes the bonus year.
``(ii) Limitation.--The amount payable to a State under
this paragraph for a bonus year shall not exceed 5 percent of
the State family assistance grant.
``(C) Formula for measuring state performance.--Not later
than 1 year after the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996, the
Secretary, in consultation with the National Governors'
Association and the American Public Welfare Association,
shall develop a formula for measuring State performance in
operating the State program funded under this part so as to
achieve the goals set forth in section 401(a).
``(D) Scoring of state performance; setting of performance
thresholds.--For each bonus year, the Secretary shall--
``(i) use the formula developed under subparagraph (C) to
assign a score to each eligible State for the fiscal year
that immediately precedes the bonus year; and
``(ii) prescribe a performance threshold in such a manner
so as to ensure that--
``(I) the average annual total amount of grants to be made
under this paragraph for each bonus year equals $100,000,000;
and
``(II) the total amount of grants to be made under this
paragraph for all bonus years equals $500,000,000.
``(E) Definitions.--As used in this paragraph:
``(i) Bonus year.--The term `bonus year' means fiscal years
1999, 2000, 2001, 2002, and 2003.
``(ii) High performing state.--The term `high performing
State' means, with respect a bonus year, an eligible State
whose score assigned pursuant to subparagraph (D)(i) for the
fiscal year immediately preceding the bonus year equals or
exceeds the performance threshold prescribed under
subparagraph (D)(ii) for such preceding fiscal year.
``(F) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1999 through 2003 $500,000,000
for grants under this paragraph.
``(5) Supplemental grant for operation of work program.--
``(A) Application requirements.--An eligible State may
submit to the Secretary an
[[Page 1614]]
application for additional funds to meet the requirements of
section 407 with respect to a fiscal year if the Secretary
determines that--
``(i) the total expenditures of the State to meet such
requirements for the fiscal year exceed the total
expenditures of the State during fiscal year 1994 to carry
out part F (as in effect on September 30, 1994);
``(ii) the work programs of the State under this section
are coordinated with the job training programs established by
title II of the Job Training Partnership Act, or (if such
title is repealed by an Act that becomes law during the 104th
Congress) the Act that repeals such title; and
``(iii) the State needs additional funds to meet such
requirements or certifies that it intends to exceed such
requirements.
``(B) Grants.--The Secretary may make a grant to any
eligible State which submits an application in accordance
with subparagraph (A) for a fiscal year in an amount equal to
the Federal medical assistance percentage of the amount (if
any) by which the total expenditures of the State to meet or
exceed the requirements of section 407 for the fiscal year
exceeds the total expenditures of the State during fiscal
year 1994 to carry out part F (as in effect on September 30,
1994).
``(C) Regulations.--The Secretary shall issue regulations
providing for the equitable distribution of funds under this
paragraph.
``(D) Authorization of appropriations.--
``(i) In general.--There are authorized to be appropriated
for grants under this paragraph $3,000,000,000 for fiscal
year 1999.
``(ii) Availability.--Amounts appropriated pursuant to
clause (i) are authorized to remain available until expended.
``(b) Contingency Fund.--
``(1) Establishment.--There is hereby established in the
Treasury of the United States a fund which shall be known as
the `Contingency Fund for State Welfare Programs' (in this
section referred to as the `Fund').
``(2) Deposits into fund.--Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated for fiscal years 1997, 1998, 1999, 2000, and
2001 such sums as are necessary for payment to the Fund in a
total amount not to exceed $2,000,000,000.
``(3) Grants.--
``(A) Provisional payments.--If an eligible State submits
to the Secretary a request for funds under this paragraph
during an eligible month, the Secretary shall, subject to
this paragraph, pay to the State, from amounts appropriated
pursuant to paragraph (2), an amount equal to the amount of
funds so requested.
``(B) Payment priority.--The Secretary shall make payments
under subparagraph (A) in the order in which the Secretary
receives requests for such payments.
``(C) Limitations.--
``(i) Monthly payment to a state.--The total amount paid to
a single State under subparagraph (A) during a month shall
not exceed \1/12\ of 20 percent of the State family
assistance grant.
``(ii) Payments to all states.--The total amount paid to
all States under subparagraph (A) during fiscal years 1997
through 2001 shall not exceed the total amount appropriated
pursuant to paragraph (2).
``(4) Annual reconciliation.--Notwithstanding paragraph
(3), at the end of each fiscal year, each State shall remit
to the Secretary an amount equal to the amount (if any) by
which the total amount paid to the State under paragraph (3)
during the fiscal year exceeds--
``(A) the Federal medical assistance percentage for the
State for the fiscal year (as defined in section 1905(b), as
in effect on September 30, 1995) of the amount (if any) by
which the expenditures under the State program funded under
this part for the fiscal year exceed historic State
expenditures (as defined in section 409(a)(7)(B)(iii));
multiplied by
``(B) \1/12\ times the number of months during the fiscal
year for which the Secretary makes a payment to the State
under this subsection.
``(5) Eligible month.--As used in paragraph (3)(A), the
term `eligible month' means, with respect to a State, a month
in the 2-month period that begins with any month for which
the State is a needy State.
``(6) Needy state.--For purposes of paragraph (5), a State
is a needy State for a month if--
``(A) the average rate of--
``(i) total unemployment in such State (seasonally
adjusted) for the period consisting of the most recent 3
months for which data for all States are published equals or
exceeds 6.5 percent; and
``(ii) total unemployment in such State (seasonally
adjusted) for the 3-month period equals or exceeds 110
percent of such average rate for either (or both) of the
corresponding 3-month periods ending in the 2 preceding
calendar years; or
``(B) as determined by the Secretary of Agriculture (in the
discretion of the Secretary of Agriculture), the monthly
average number of individuals (as of the last day of each
month) participating in the food stamp program in the
State in the then most recently concluded 3-month period
for which data are available exceeds by not less than 10
percent the lesser of--
``(i) the monthly average number of individuals (as of the
last day of each month) in the State that would have
participated in the food stamp program in the corresponding
3-month period in fiscal year 1994 if the amendments made by
subtitles D and J of the Personal Responsibility and Work
Opportunity Act of 1996 had been in effect throughout fiscal
year 1994; or
``(ii) the monthly average number of individuals (as of the
last day of each month) in the State that would have
participated in the food stamp program in the corresponding
3-month period in fiscal year 1995 if the amendments made by
subtitles D and J of the Personal Responsibility and Work
Opportunity Act of 1996 had been in effect throughout fiscal
year 1995.
``(7) Other terms defined.--As used in this subsection:
``(A) State.--The term `State' means each of the 50 States
of the United States and the District of Columbia.
``(B) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(8) Annual reports.--The Secretary shall annually report
to the Congress on the status of the Fund.
``(9) Budget scoring.--Notwithstanding section 257(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985, the baseline shall assume that no grant shall be made
under this subsection after fiscal year 2001.
``SEC. 404. USE OF GRANTS.
``(a) General Rules.--Subject to this part, a State to
which a grant is made under section 403 may use the grant--
``(1) in any manner that is reasonably calculated to
accomplish the purpose of this part, including to provide low
income households with assistance in meeting home heating and
cooling costs; or
``(2) in any manner that the State was authorized to use
amounts received under part A or F, as such parts were in
effect on September 30, 1995.
``(b) Limitation on Use of Grant for Administrative
Purposes.--
``(1) Limitation.--A State to which a grant is made under
section 403 shall not expend more than 15 percent of the
grant for administrative purposes.
``(2) Exception.--Paragraph (1) shall not apply to the use
of a grant for information technology and computerization
needed for tracking or monitoring required by or under this
part.
``(c) Authority to Treat Interstate Immigrants Under Rules
of Former State.--A State operating a program funded under
this part may apply to a family the rules (including benefit
amounts) of the program funded under this part of another
State if the family has moved to the State from the other
State and has resided in the State for less than 12 months.
``(d) Authority to Use Portion of Grant for Other
Purposes.--
``(1) In general.--A State may use not more than 30 percent
of the amount of the grant made to the State under section
403 for a fiscal year to carry out a State program pursuant
to any or all of the following provisions of law:
``(A) Part B or E of this title.
``(B) Title XX of this Act.
``(C) The Child Care and Development Block Grant Act of
1990.
``(e) Authority to Reserve Certain Amounts for
Assistance.--A State may reserve amounts paid to the State
under this part for any fiscal year for the purpose of
providing, without fiscal year limitation, assistance under
the State program funded under this part.
``(f) Authority to Operate Employment Placement Program.--A
State to which a grant is made under section 403 may use the
grant to make payments (or provide job placement vouchers) to
State-approved public and private job placement agencies that
provide employment placement services to individuals who
receive assistance under the State program funded under this
part.
``(g) Implementation of Electronic Benefit Transfer
System.--A State to which a grant is made under section 403
is encouraged to implement an electronic benefit transfer
system for providing assistance under the State program
funded under this part, and may use the grant for such
purpose.
``SEC. 405. ADMINISTRATIVE PROVISIONS.
``(a) Quarterly.--The Secretary shall pay each grant
payable to a State under section 403 in quarterly
installments.
``(b) Notification.--Not later than 3 months before the
payment of any such quarterly installment to a State, the
Secretary shall notify the State of the amount of any
reduction determined under section 412(a)(1)(B) with respect
to the State.
``(c) Computation and Certification of Payments to
States.--
``(1) Computation.--The Secretary shall estimate the amount
to be paid to each eligible State for each quarter under this
part, such estimate to be based on a report filed by the
State containing an estimate by the State of the total sum to
be expended by the State in the quarter under the State
program funded under this part and such other information as
the Secretary may find necessary.
``(2) Certification.--The Secretary of Health and Human
Services shall certify to the Secretary of the Treasury the
amount estimated under paragraph (1) with respect to a State,
reduced or increased to the extent of any overpayment or
underpayment which the Secretary of Health and Human Services
determines was made under this part to the State for any
prior quarter and with respect to which adjustment has not
been made under this paragraph.
``(d) Payment Method.--Upon receipt of a certification
under subsection (c)(2) with respect to a State, the
Secretary of the Treas
[[Page 1615]]
ury shall, through the Fiscal Service of the Department of
the Treasury and before audit or settlement by the General
Accounting Office, pay to the State, at the time or times
fixed by the Secretary of Health and Human Services, the
amount so certified.
``(e) Collection of State Overpayments to Families From
Federal Tax Refunds.--
``(1) In general.--Upon receiving notice from the Secretary
of Health and Human Services that a State agency
administering a program funded under this part has notified
the Secretary that a named individual has been overpaid under
the State program funded under this part, the Secretary of
the Treasury shall determine whether any amounts as refunds
of Federal taxes paid are payable to such individual,
regardless of whether the individual filed a tax return as a
married or unmarried individual. If the Secretary of the
Treasury finds that any such amount is so payable, the
Secretary shall withhold from such refunds an amount equal to
the overpayment sought to be collected by the State and pay
such amount to the State agency.
``(2) Regulations.--The Secretary of the Treasury shall
issue regulations, after review by the Secretary of Health
and Human services, that provide--
``(A) that a State may only submit under paragraph (1)
requests for collection of overpayments with respect to
individuals--
``(i) who are no longer receiving assistance under the
State program funded under this part;
``(ii) with respect to whom the State has already taken
appropriate action under State law against the income or
resources of the individuals or families involved to collect
the past-due legally enforceable debt; and
``(iii) to whom the State agency has given notice of its
intent to request withholding by the Secretary of the
Treasury from the income tax refunds of such individuals;
``(B) that the Secretary of the Treasury will give a timely
and appropriate notice to any other person filing a joint
return with the individual whose refund is subject to
withholding under paragraph (1); and
``(C) the procedures that the State and the Secretary of
the Treasury will follow in carrying out this subsection
which, to the maximum extent feasible and consistent with the
provisions of this subsection, will be the same as those
issued pursuant to section 464(b) applicable to collection of
past-due child support.
``SEC. 406. FEDERAL LOANS FOR STATE WELFARE PROGRAMS.
``(a) Loan Authority.--
``(1) In general.--The Secretary shall make loans to any
loan-eligible State, for a period to maturity of not more
than 3 years.
``(2) Loan-eligible state.--As used in paragraph (1), the
term `loan-eligible State' means a State against which a
penalty has not been imposed under section 409(a)(1).
``(b) Rate of Interest.--The Secretary shall charge and
collect interest on any loan made under this section at a
rate equal to the current average market yield on outstanding
marketable obligations of the United States with remaining
periods to maturity comparable to the period to maturity of
the loan.
``(c) Use of Loan.--A State shall use a loan made to the
State under this section only for any purpose for which grant
amounts received by the State under section 403(a) may be
used, including--
``(1) welfare anti-fraud activities; and
``(2) the provision of assistance under the State program
to Indian families that have moved from the service area of
an Indian tribe with a tribal family assistance plan approved
under section 412.
``(d) Limitation on Total Amount of Loans to a State.--The
cumulative dollar amount of all loans made to a State under
this section during fiscal years 1997 through 2001 shall not
exceed 10 percent of the State family assistance grant.
``(e) Limitation on Total Amount of Outstanding Loans.--The
total dollar amount of loans outstanding under this section
may not exceed $1,700,000,000.
``(f) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated such sums as may be necessary for the cost of
loans under this section.
``SEC. 407. MANDATORY WORK REQUIREMENTS.
``(a) Participation Rate Requirements.--
``(1) All families.--A State to which a grant is made under
section 403 for a fiscal year shall achieve the minimum
participation rate specified in the following table for
the fiscal year with respect to all families receiving
assistance under the State program funded under this part:
The minimum
participation
``If the fiscal year is: rate is:
1997........................................................25
1998........................................................30
1999........................................................35
2000........................................................40
2001........................................................45
2002 or thereafter..........................................50.
``(2) 2-parent families.--A State to which a grant is made
under section 403 for a fiscal year shall achieve the minimum
participation rate specified in the following table for the
fiscal year with respect to 2-parent families receiving
assistance under the State program funded under this part:
The minimum
participation
``If the fiscal year is: rate is:
1996........................................................50
1997........................................................75
1998........................................................75
1999 or thereafter..........................................90.
``(b) Calculation of Participation Rates.--
``(1) All families.--
``(A) Average monthly rate.--For purposes of subsection
(a)(1), the participation rate for all families of a State
for a fiscal year is the average of the participation rates
for all families of the State for each month in the fiscal
year.
``(B) Monthly participation rates.--The participation rate
of a State for all families of the State for a month,
expressed as a percentage, is--
``(i) the number of families receiving assistance under the
State program funded under this part that include an adult
who is engaged in work for the month; divided by
``(ii) the amount by which--
``(I) the number of families receiving such assistance
during the month that include an adult receiving such
assistance; exceeds
``(II) the number of families receiving such assistance
that are subject in such month to a penalty described in
subsection (e)(1) but have not been subject to such penalty
for more than 3 months within the preceding 12-month period
(whether or not consecutive).
``(2) 2-parent families.--
``(A) Average monthly rate.--For purposes of subsection
(a)(2), the participation rate for 2-parent families of a
State for a fiscal year is the average of the participation
rates for 2-parent families of the State for each month in
the fiscal year.
``(B) Monthly participation rates.--The participation rate
of a State for 2-parent families of the State for a month
shall be calculated by use of the formula set forth in
paragraph (1)(B), except that in the formula the term `number
of 2-parent families' shall be substituted for the term
`number of families' each place such latter term appears.
``(3) Pro rata reduction of participation rate due to
caseload reductions not required by federal law.--
``(A) In general.--The Secretary shall prescribe
regulations for reducing the minimum participation rate
otherwise required by this section for a fiscal year by the
number of percentage points equal to the number of percentage
points (if any) by which--
``(i) the average monthly number of families receiving
assistance during the fiscal year under the State program
funded under this part is less than
``(ii) the average monthly number of families that received
aid under the State plan approved under part A (as in effect
on September 30, 1995) during fiscal year 1995.
The minimum participation rate shall not be reduced to the
extent that the Secretary determines that the reduction in
the number of families receiving such assistance is required
by Federal law.
``(B) Eligibility changes not counted.--The regulations
described in subparagraph (A) shall not take into account
families that are diverted from a State program funded under
this part as a result of differences in eligibility criteria
under a State program funded under this part and eligibility
criteria under the State program operated under the State
plan approved under part A (as such plan and such part were
in effect on September 30, 1995). Such regulations shall
place the burden on the Secretary to prove that such
families were diverted as a direct result of differences
in such eligibility criteria.
``(4) State option to include individuals receiving
assistance under a tribal family assistance plan.--For
purposes of paragraphs (1)(B) and (2)(B), a State may, at its
option, include families receiving assistance under a tribal
family assistance plan approved under section 412.
``(5) State option for participation requirement
exemptions.--For any fiscal year, a State may, at its option,
not require an individual who is a single custodial parent
caring for a child who has not attained 12 months of age to
engage in work and may disregard such an individual in
determining the participation rates under subsection (a).
``(c) Engaged in Work.--
``(1) All families.--For purposes of subsection
(b)(1)(B)(i), a recipient is engaged in work for a month in a
fiscal year if the recipient is participating in work
activities for at least the minimum average number of hours
per week specified in the following table during the month,
not fewer than 20 hours per week of which are attributable to
an activity described in paragraph (1), (2), (3), (4), (5),
(6), (7), or (8) of subsection (d):
The minimum
``If the month is average number of
in fiscal year: hours per week is:
1996......................................................20
1997......................................................20
1998......................................................20
1999......................................................25
2000 or thereafter........................................30.
``(2) 2-parent families.--For purposes of subsection
(b)(2)(B)(i), an adult is engaged in work for a month in a
fiscal year if the adult is making progress in work
activities for at least 35 hours per week during the month,
not fewer than 30 hours per week of which are attributable to
an activity described in paragraph (1), (2), (3), (4), (5),
(6), (7), or (8) of subsection (d).
``(3) Limitation on number of weeks for which job search
counts as work.--Notwithstanding paragraphs (1) and (2), an
individual shall not be considered to be engaged in work by
virtue of participation in an ac
[[Page 1616]]
tivity described in subsection (d)(6), after the individual
has participated in such an activity for 8 weeks in a fiscal
year, or if the participation is for a week that is in a
fiscal year and that immediately follows 4 consecutive weeks
of such participation in the fiscal year. An individual shall
be considered to be participating in such an activity for a
week if the individual participates in such an activity at
any time during the week.
``(4) Limitation on vocational education activities counted
as work.--For purposes of determining monthly participation
rates under paragraphs (1)(B)(i) and (2)(B)(i) of subsection
(b), not more than 20 percent of adults in all families and
in 2-parent families determined to be engaged in work in the
State for a month may meet the work activity requirement
through participation in vocational educational training.
``(5) Single parent with child under age 6 deemed to be
meeting work participation requirements if parent is engaged
in work for 20 hours per week.--For purposes of determining
monthly participation rates under subsection (b)(1)(B)(i), a
recipient in a 1-parent family who is the parent of a child
who has not attained 6 years of age is deemed to be engaged
in work for a month if the recipient is engaged in work
for an average of at least 20 hours per week during the
month.
``(6) Teen head of household who maintains satisfactory
school attendance deemed to be meeting work participation
requirements.--For purposes of determining monthly
participation rates under subsection (b)(1)(B)(i), a
recipient who is a single head of household and has not
attained 20 years of age is deemed to be engaged in work for
a month in a fiscal year if the recipient--
``(A) maintains satisfactory attendance at secondary school
or the equivalent during the month; or
``(B) participates in education directly related to
employment for at least the minimum average number of hours
per week specified in the table set forth in paragraph (1).
``(d) Work Activities Defined.--As used in this section,
the term `work activities' means--
``(1) unsubsidized employment;
``(2) subsidized private sector employment;
``(3) subsidized public sector employment;
``(4) work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient
private sector employment is not available;
``(5) on-the-job training;
``(6) job search and job readiness assistance;
``(7) community service programs;
``(8) vocational educational training (not to exceed 12
months with respect to any individual);
``(9) job skills training directly related to employment;
``(10) education directly related to employment, in the
case of a recipient who has not received a high school
diploma or a certificate of high school equivalency; and
``(11) satisfactory attendance at secondary school, in the
case of a recipient who has not completed secondary school.
``(e) Penalties Against Individuals.--
``(1) In general.--Except as provided in paragraph (2), if
an adult in a family receiving assistance under the State
program funded under this part refuses to engage in work
required in accordance with this section, the State shall--
``(A) reduce the amount of assistance otherwise payable to
the family pro rata (or more, at the option of the State)
with respect to any period during a month in which the adult
so refuses; or
``(B) terminate such assistance,
subject to such good cause and other exceptions as the State
may establish.
``(2) Exception.--Notwithstanding paragraph (1), a State
may not reduce or terminate assistance under the State
program funded under this part based on a refusal of an adult
to work if the adult is a single custodial parent caring for
a child who has not attained 11 years of age, and the adult
proves that the adult has a demonstrated inability (as
determined by the State) to obtain needed child care, for 1
or more of the following reasons:
``(A) Unavailability of appropriate child care within a
reasonable distance from the individual's home or work site.
``(B) Unavailability or unsuitability of informal child
care by a relative or under other arrangements.
``(C) Unavailability of appropriate and affordable formal
child care arrangements.
``(f) Nondisplacement in Work Activities.--
``(1) In general.--Subject to paragraph (2), an adult in a
family receiving assistance under a State program funded
under this part attributable to funds provided by the Federal
Government may fill a vacant employment position in order to
engage in a work activity described in subsection (d).
``(2) No filling of certain vacancies.--No adult in a work
activity described in subsection (d) which is funded, in
whole or in part, by funds provided by the Federal Government
shall be employed or assigned--
``(A) when any other individual is on layoff from the same
or any substantially equivalent job; or
``(B) if the employer has terminated the employment of any
regular employee or otherwise caused an involuntary reduction
of its workforce in order to fill the vacancy so created with
an adult described in paragraph (1).
``(3) No preemption.--Nothing in this subsection shall
preempt or supersede any provision of State or local law that
provides greater protection for employees from displacement.
``(g) Sense of the Congress.--It is the sense of the
Congress that in complying with this section, each State that
operates a program funded under this part is encouraged to
assign the highest priority to requiring adults in 2-parent
families and adults in single-parent families that include
older preschool or school-age children to be engaged in work
activities.
``(h) Sense of the Congress That States Should Impose
Certain Requirements on Noncustodial, Nonsupporting Minor
Parents.--It is the sense of the Congress that the States
should require noncustodial, nonsupporting parents who have
not attained 18 years of age to fulfill community work
obligations and attend appropriate parenting or money
management classes after school.
``SEC. 408. PROHIBITIONS; REQUIREMENTS.
``(a) In General.--
``(1) No assistance for families without a minor child.--A
State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to a family,
unless the family includes--
``(A) a minor child who resides with a custodial parent or
other adult caretaker relative of the child; or
``(B) a pregnant individual.
``(2) No additional cash assistance for children born to
families receiving assistance.--
``(A) General rule.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
cash benefits for a minor child who is born to--
``(i) a recipient of assistance under the program operated
under this part; or
``(ii) a person who received such assistance at any time
during the 10-month period ending with the birth of the
child.
``(B) Exception for children born into families with no
other children.--Subparagraph (A) shall not apply to a minor
child who is born into a family that does not include any
other children.
``(C) Exception for vouchers.--Subparagraph (A) shall not
apply to vouchers which are provided in lieu of cash benefits
and which may be used only to pay for particular goods and
services specified by the State as suitable for the care of
the child involved.
``(D) Exception for rape or incest.--Subparagraph (A) shall
not apply with respect to a child who is born as a result of
rape or incest.
``(E) State election to opt out.--Subparagraph (A) shall
not apply to a State if State law specifically exempts the
State program funded under this part from the application of
subparagraph (A).
``(F) Substitution of family caps in effect under
waivers.--Subparagraph (A) shall not apply to a State--
``(i) if, as of the date of the enactment of this part,
there is in effect a waiver approved by the Secretary under
section 1115 which permits the State to deny aid under the
State plan approved under part A of this title (as in effect
without regard to the amendments made by subtitle A of the
Personal Responsibility and Work Opportunity Act of 1996) to
a family by reason of the birth of a child to a family member
otherwise eligible for such aid; and
``(ii) for so long as the State continues to implement such
policy under the State program funded under this part, under
rules prescribed by the State.
``(3) Reduction or elimination of assistance for
noncooperation in establishing paternity or obtaining child
support.--If the agency responsible for administering the
State plan approved under part D determines that an
individual is not cooperating with the State in establishing
paternity or in establishing, modifying, or enforcing a
support order with respect to a child of the individual, and
the individual does not qualify for any good cause or other
exception established by the State pursuant to section
454(29), then the State--
``(A) shall deduct from the assistance that would otherwise
be provided to the family of the individual under the State
program funded under this part the share of such assistance
attributable to the individual; and
``(B) may deny the family any assistance under the State
program.
``(4) No assistance for families not assigning certain
support rights to the state.--
``(A) In general.--A State to which a grant is made under
section 403 shall require, as a condition of providing
assistance to a family under the State program funded under
this part, that a member of the family assign to the State
any rights the family member may have (on behalf of the
family member or of any other person for whom the family
member has applied for or is receiving such assistance) to
support from any other person, not exceeding the total amount
of assistance so provided to the family, which accrue (or
have accrued) before the date the family leaves the program,
which assignment, on and after the date the family leaves the
program, shall not apply with respect to any support (other
than support collected pursuant to section 464) which accrued
before the family received such assistance and which the
State has not collected by--
``(i) September 30, 2000, if the assignment is executed on
or after October 1, 1997, and before October 1, 2000; or
``(ii) the date the family leaves the program, if the
assignment is executed on or after October 1, 2000.
``(B) Limitation.--A State to which a grant is made under
section 403 shall not require,
[[Page 1617]]
as a condition of providing assistance to any family under
the State program funded under this part, that a member of
the family assign to the State any rights to support
described in subparagraph (A) which accrue after the date the
family leaves the program.
``(5) No assistance for teenage parents who do not attend
high school or other equivalent training program.--A State to
which a grant is made under section 403 shall not use any
part of the grant to provide assistance to an individual who
has not attained 18 years of age, is not married, has a minor
child at least 12 weeks of age in his or her care, and has
not successfully completed a high-school education (or its
equivalent), if the individual does not participate in--
``(A) educational activities directed toward the attainment
of a high school diploma or its equivalent; or
``(B) an alternative educational or training program that
has been approved by the State.
``(6) No assistance for teenage parents not living in
adult-supervised settings.--
``(A) In general.--
``(i) Requirement.--Except as provided in subparagraph (B),
a State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to an
individual described in clause (ii) of this subparagraph if
the individual and the minor child referred to in clause
(ii)(II) do not reside in a place of residence maintained by
a parent, legal guardian, or other adult relative of the
individual as such parent's, guardian's, or adult
relative's own home.
``(ii) Individual described.-- For purposes of clause (i),
an individual described in this clause is an individual who--
``(I) has not attained 18 years of age; and
``(II) is not married, and has a minor child in his or her
care.
``(B) Exception.--
``(i) Provision of, or assistance in locating, adult-
supervised living arrangement.--In the case of an individual
who is described in clause (ii), the State agency referred to
in section 402(a)(4) shall provide, or assist the individual
in locating, a second chance home, maternity home, or other
appropriate adult-supervised supportive living arrangement,
taking into consideration the needs and concerns of the
individual, unless the State agency determines that the
individual's current living arrangement is appropriate, and
thereafter shall require that the individual and the minor
child referred to in subparagraph (A)(ii)(II) reside in such
living arrangement as a condition of the continued receipt of
assistance under the State program funded under this part
attributable to funds provided by the Federal Government (or
in an alternative appropriate arrangement, should
circumstances change and the current arrangement cease to be
appropriate).
``(ii) Individual described.--For purposes of clause (i),
an individual is described in this clause if the individual
is described in subparagraph (A)(ii), and--
``(I) the individual has no parent, legal guardian or other
appropriate adult relative described in subclause (II) of his
or her own who is living or whose whereabouts are known;
``(II) no living parent, legal guardian, or other
appropriate adult relative, who would otherwise meet
applicable State criteria to act as the individual's legal
guardian, of such individual allows the individual to live in
the home of such parent, guardian, or relative;
``(III) the State agency determines that--
``(aa) the individual or the minor child referred to in
subparagraph (A)(ii)(II) is being or has been subjected to
serious physical or emotional harm, sexual abuse, or
exploitation in the residence of the individual's own parent
or legal guardian; or
``(bb) substantial evidence exists of an act or failure to
act that presents an imminent or serious harm if the
individual and the minor child lived in the same residence
with the individual's own parent or legal guardian; or
``(IV) the State agency otherwise determines that it is in
the best interest of the minor child to waive the requirement
of subparagraph (A) with respect to the individual or the
minor child.
``(iii) Second-chance home.--For purposes of this
subparagraph, the term `second-chance home' means an entity
that provides individuals described in clause (ii) with a
supportive and supervised living arrangement in which such
individuals are required to learn parenting skills, including
child development, family budgeting, health and nutrition,
and other skills to promote their long-term economic
independence and the well-being of their children.
``(7) No medical services.--
``(A) In general.--Except as provided in subparagraph (B),
a State to which a grant is made under section 403 shall not
use any part of the grant to provide medical services.
``(B) Exception for family planning services.--As used in
subparagraph (A), the term `medical services' does not
include family planning services.
``(8) No assistance for more than 5 years.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a State to which a grant is made under section 403
shall not use any part of the grant to provide assistance to
a family that includes an adult who has received assistance
under any State program funded under this part attributable
to funds provided by the Federal Government, for 60 months
(whether or not consecutive) after the date the State program
funded under this part commences.
``(B) Minor child exception.--In determining the number of
months for which an individual who is a parent or pregnant
has received assistance under the State program funded under
this part, the State shall disregard any month for which such
assistance was provided with respect to the individual and
during which the individual was--
``(i) a minor child; and
``(ii) not the head of a household or married to the head
of a household.
``(C) Hardship exception.--
``(i) In general.--The State may exempt a family from the
application of subparagraph (A) by reason of hardship or if
the family includes an individual who has been battered or
subjected to extreme cruelty.
``(ii) Limitation.--The number of families with respect to
which an exemption made by a State under clause (i) is in
effect for a fiscal year shall not exceed 20 percent of the
average monthly number of families to which assistance is
provided under the State program funded under this part.
``(iii) Battered or subject to extreme cruelty defined.--
For purposes of clause (i), an individual has been battered
or subjected to extreme cruelty if the individual has been
subjected to--
``(I) physical acts that resulted in, or threatened to
result in, physical injury to the individual;
``(II) sexual abuse;
``(III) sexual activity involving a dependent child;
``(IV) being forced as the caretaker relative of a
dependent child to engage in nonconsensual sexual acts or
activities;
``(V) threats of, or attempts at, physical or sexual abuse;
``(VI) mental abuse; or
``(VII) neglect or deprivation of medical care.
``(D) Rule of interpretation.--Subparagraph (A) shall not
be interpreted to require any State to provide assistance to
any individual for any period of time under the State program
funded under this part.
``(9) Denial of assistance for 10 years to a person found
to have fraudulently misrepresented residence in order to
obtain assistance in 2 or more states.--A State to which a
grant is made under section 403 shall not use any part of the
grant to provide cash assistance to an individual during the
10-year period that begins on the date the individual is
convicted in Federal or State court of having made a
fraudulent statement or representation with respect to the
place of residence of the individual in order to receive
assistance simultaneously from 2 or more States under
programs that are funded under this title, title XIX, or the
Food Stamp Act of 1977, or benefits in 2 or more States under
the supplemental security income program under title XVI. The
preceding sentence shall not apply with respect to a
conviction of an individual, for any month beginning after
the President of the United States grants a pardon with
respect to the conduct which was the subject of the
conviction.
``(10) Denial of assistance for fugitive felons and
probation and parole violators.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
assistance to any individual who is--
``(i) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or an attempt
to commit a crime, which is a felony under the laws of the
place from which the individual flees, or which, in the case
of the State of New Jersey, is a high misdemeanor under the
laws of such State; or
``(ii) violating a condition of probation or parole imposed
under Federal or State law.
The preceding sentence shall not apply with respect to
conduct of an individual, for any month beginning after the
President of the United States grants a pardon with respect
to the conduct.
``(B) Exchange of information with law enforcement
agencies.--If a State to which a grant is made under section
403 establishes safeguards against the use or disclosure of
information about applicants or recipients of assistance
under the State program funded under this part, the
safeguards shall not prevent the State agency administering
the program from furnishing a Federal, State, or local law
enforcement officer, upon the request of the officer, with
the current address of any recipient if the officer furnishes
the agency with the name of the recipient and notifies the
agency that--
``(i) the recipient--
``(I) is described in subparagraph (A); or
``(II) has information that is necessary for the officer to
conduct the official duties of the officer; and
``(ii) the location or apprehension of the recipient is
within such official duties.
``(11) Denial of assistance for minor children who are
absent from the home for a significant period.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
assistance for a minor child who has been, or is expected by
a parent (or other caretaker relative) of the child to be,
absent from the home for a period of 45 consecutive days or,
at the option of the State, such period of not less than 30
and not more than 180 consecutive days as the State may
provide for in the State plan submitted pursuant to section
402.
[[Page 1618]]
``(B) State authority to establish good cause exceptions.--
The State may establish such good cause exceptions to
subparagraph (A) as the State considers appropriate if such
exceptions are provided for in the State plan submitted
pursuant to section 402.
``(C) Denial of assistance for relative who fails to notify
state agency of absence of child.--A State to which a grant
is made under section 403 shall not use any part of the grant
to provide assistance for an individual who is a parent (or
other caretaker relative) of a minor child and who fails to
notify the agency administering the State program funded
under this part of the absence of the minor child from the
home for the period specified in or provided for pursuant to
subparagraph (A), by the end of the 5-day period that begins
with the date that it becomes clear to the parent (or
relative) that the minor child will be absent for such period
so specified or provided for.
``(12) Income security payments not to be disregarded in
determining the amount of assistance to be provided to a
family.--If a State to which a grant is made under section
403 uses any part of the grant to provide assistance for any
individual who is receiving benefits, or on behalf of whom
benefits are paid, under a State plan for old-age assistance
approved under section 2, under section 202, 205(j)(1), 223,
or 228, under a State program funded under part E that
provides cash payments for foster care, or under the
supplemental security income program under title XVI, then
the State may disregard the payment in determining the amount
of assistance to be provided under the State program funded
under this part, from funds provided by the Federal
Government, to the family of which the individual is a
member.
``(13) Medical assistance required to be provided for 1
year for families becoming ineligible for cash assistance
under this part due to increased earnings from employment.--A
State to which a grant is made under section 403 shall take
such action as may be necessary to ensure that, if an
individual or family becomes ineligible to receive cash
assistance under the State program funded under this part as
a result of increased earnings from employment, having
received such assistance in at least 3 of the 6 months
immediately preceding the month in which such ineligibility
begins, the individual (or in the case of a family, each
individual in the family) shall be eligible for medical
assistance under the State's plan approved under title XIX
during the immediately succeeding 12-month period for so long
as family income (as defined by the State), excluding any
refund of Federal income taxes made by reason of section 32
of the Internal Revenue Code of 1986 (relating to earned
income tax credit) and any payment made by an employer under
section 3507 of such Code (relating to advance payment of
earned income credit), is less than the poverty line, and
that the family will be appropriately notified of such
eligibility.
``(14) Medical assistance required to be provided for 4
months for families becoming ineligible for cash assistance
under this part due to collection of child support.--A State
to which a grant is made under section 403 shall take such
action as may be necessary to ensure that, if any individual
or family becomes ineligible to receive cash assistance under
the State program funded under this part as a result of the
collection or increased collection of child or spousal
support under part D, having received such assistance in at
least 3 of the 6 months immediately preceding the month in
which such ineligibility begins, the individual (or, in the
case of a family, each individual in the family) shall be
eligible for medical assistance under the State's plan
approved under title XIX during the 4-month period beginning
with the month in which such ineligibility begins.
``(15) Medical assistance required to be provided for
certain individuals.--A State to which a grant is made under
section 403 shall take such action as may be necessary to
ensure that, under section 1931, individuals who would be
eligible for cash assistance under the State plan approved
under this part (as in effect as of July 16, 1996) if such
State plan were still in effect are eligible for medical
assistance under the State's plan approved under title XIX.
``(b) Individual Responsibility Plans.--
``(1) Assessment.--The State agency responsible for
administering the State program funded under this part shall
make an initial assessment of the skills, prior work
experience, and employability of each recipient of assistance
under the program who--
``(A) has attained 18 years of age; or
``(B) has not completed high school or obtained a
certificate of high school equivalency, and is not attending
secondary school.
``(2) Contents of plans.--
``(A) In general.--On the basis of the assessment made
under subsection (a) with respect to an individual, the State
agency, in consultation with the individual, may develop an
individual responsibility plan for the individual, which--
``(i) sets forth an employment goal for the individual and
a plan for moving the individual immediately into private
sector employment;
``(ii) sets forth the obligations of the individual, which
may include a requirement that the individual attend school,
maintain certain grades and attendance, keep school age
children of the individual in school, immunize children,
attend parenting and money management classes, or do other
things that will help the individual become and remain
employed in the private sector;
``(iii) to the greatest extent possible is designed to move
the individual into whatever private sector employment the
individual is capable of handling as quickly as possible, and
to increase the responsibility and amount of work the
individual is to handle over time;
``(iv) describes the services the State will provide the
individual so that the individual will be able to obtain and
keep employment in the private sector, and describe the job
counseling and other services that will be provided by the
State; and
``(v) may require the individual to undergo appropriate
substance abuse treatment.
``(B) Timing.--The State agency may comply with paragraph
(1) with respect to an individual--
``(i) within 90 days (or, at the option of the State, 180
days) after the effective date of this part, in the case of
an individual who, as of such effective date, is a recipient
of aid under the State plan approved under part A (as in
effect immediately before such effective date); or
``(ii) within 30 days (or, at the option of the State, 90
days) after the individual is determined to be eligible for
such assistance, in the case of any other individual.
``(3) Penalty for noncompliance by individual.--In addition
to any other penalties required under the State program
funded under this part, the State may reduce, by such amount
as the State considers appropriate, the amount of assistance
otherwise payable under the State program to a family that
includes an individual who fails without good cause to comply
with an individual responsibility plan signed by the
individual.
``(4) State discretion.--The exercise of the authority of
this subsection shall be within the sole discretion of the
State.
``(c) Aliens.--For special rules relating to the treatment
of aliens, see section 4402 of the Personal Responsibility
and Work Opportunity Act of 1996.
``SEC. 409. PENALTIES.
``(a) In General.--Subject to this section:
``(1) Use of grant in violation of this part.--
``(A) General penalty.--If an audit conducted under chapter
75 of title 31, United States Code, finds that an amount paid
to a State under section 403 for a fiscal year has been used
in violation of this part, the Secretary shall reduce the
grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter by the amount so
used.
``(B) Enhanced penalty for intentional violations.--If the
State does not prove to the satisfaction of the Secretary
that the State did not intend to use the amount in violation
of this part, the Secretary shall further reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter by an amount
equal to 5 percent of the State family assistance grant.
``(2) Failure to submit required report.--
``(A) In general.--If the Secretary determines that a State
has not, within 1 month after the end of a fiscal quarter,
submitted the report required by section 411(a) for the
quarter, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding
fiscal year by an amount equal to 4 percent of the State
family assistance grant.
``(B) Rescission of penalty.--The Secretary shall rescind a
penalty imposed on a State under subparagraph (A) with
respect to a report if the State submits the report before
the end of the fiscal quarter that immediately succeeds the
fiscal quarter for which the report was required.
``(3) Failure to satisfy minimum participation rates.--
``(A) In general.--If the Secretary determines that a State
to which a grant is made under section 403 for a fiscal year
has failed to comply with section 407(a) for the fiscal year,
the Secretary shall reduce the grant payable to the State
under section 403(a)(1) for the immediately succeeding fiscal
year by an amount equal to not more than 5 percent of the
State family assistance grant.
``(B) Penalty based on severity of failure.--The Secretary
shall impose reductions under subparagraph (A) based on the
degree of noncompliance, and may reduce the penalty if the
State experiences an economic downturn that leads to
significantly greater unemployment.
``(4) Failure to participate in the income and eligibility
verification system.--If the Secretary determines that a
State program funded under this part is not participating
during a fiscal year in the income and eligibility
verification system required by section 1137, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) for the immediately succeeding fiscal year by an
amount equal to not more than 2 percent of the State family
assistance grant.
``(5) Failure to comply with paternity establishment and
child support enforcement requirements under part d.--
Notwithstanding any other provision of this Act, if the
Secretary determines that the State agency that administers a
program funded under this part does not enforce the penalties
requested by the agency administering part D against
recipients of assistance under the State program who fail to
cooperate in establishing paternity or in establishing,
modifying, or enforcing a child support order in accordance
with such part and who do not qualify for any good cause or
other exception established by the State under section
454(29), the Secretary shall reduce the grant
[[Page 1619]]
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year (without regard to this
section) by not more than 5 percent.
``(6) Failure to timely repay a federal loan fund for state
welfare programs.--If the Secretary determines that a State
has failed to repay any amount borrowed from the Federal Loan
Fund for State Welfare Programs established under section 406
within the period of maturity applicable to the loan, plus
any interest owed on the loan, the Secretary shall reduce the
grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter (without regard to
this section) by the outstanding loan amount, plus the
interest owed on the outstanding amount. The Secretary shall
not forgive any outstanding loan amount or interest owed on
the outstanding amount.
``(7) Failure of any state to maintain certain level of
historic effort.--
``(A) In general.--The Secretary shall reduce the grant
payable to the State under section 403(a)(1) for fiscal year
1998, 1999, 2000, 2001, or 2002 by the amount (if any) by
which qualified State expenditures for the then immediately
preceding fiscal year are less than the applicable percentage
of historic State expenditures with respect to such preceding
fiscal year.
``(B) Definitions.--As used in this paragraph:
``(i) Qualified state expenditures.--
``(I) In general.--The term `qualified State expenditures'
means, with respect to a State and a fiscal year, the total
expenditures by the State during the fiscal year, under all
State programs, for any of the following with respect to
eligible families:
``(aa) Cash assistance.
``(bb) Child care assistance.
``(cc) Educational activities designed to increase self-
sufficiency, job training, and work, excluding any
expenditure for public education in the State except
expenditures which involve the provision of services or
assistance to a member of an eligible family which is not
generally available to persons who are not members of an
eligible family.
``(dd) Administrative costs in connection with the matters
described in items (aa), (bb), (cc), and (ee), but only to
the extent that such costs do not exceed 15 percent of the
total amount of qualified State expenditures for the fiscal
year.
``(ee) Any other use of funds allowable under section
404(a)(1).
``(II) Exclusion of transfers from other state and local
programs.--Such term does not include expenditures under any
State or local program during a fiscal year, except to the
extent that--
``(aa) the expenditures exceed the amount expended under
the State or local program in the fiscal year most recently
ending before the date of the enactment of this part; or
``(bb) the State is entitled to a payment under former
section 403 (as in effect immediately before such date of
enactment) with respect to the expenditures.
``(III) Eligible families.--As used in subclause (I), the
term `eligible families' means families eligible for
assistance under the State program funded under this part,
and families that would be eligible for such assistance but
for the application of section 408(a)(8) of this Act or
section 4402 of the Personal Responsibility and Work
Opportunity Act of 1996.
``(iii) Historic state expenditures.--The term `historic
State expenditures' means, with respect to a State, the
lesser of--
``(I) the expenditures by the State under parts A and F (as
in effect during fiscal year 1994) for fiscal year 1994; or
``(II) the amount which bears the same ratio to the amount
described in subclause (I) as--
``(aa) the State family assistance grant, plus the total
amount required to be paid to the State under former section
403 for fiscal year 1994 with respect to amounts expended by
the State for child care under subsection (g) or (i) of
section 402 (as in effect during fiscal year 1994); bears
to
``(bb) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994.
Such term does not include any expenditures under the State
plan approved under part A (as so in effect) on behalf of
individuals covered by a tribal family assistance plan
approved under section 412, as determined by the Secretary.
``(iv) Expenditures by the state.--The term `expenditures
by the State' does not include--
``(I) any expenditures from amounts made available by the
Federal Government;
``(II) State funds expended for the medicaid program under
title XIX; or
``(III) any State funds which are used to match Federal
funds or are expended as a condition of receiving Federal
funds under Federal programs other than under this part.
``(C) Applicable percentage reduced for high performance
states.--
``(i) Determination of high performance states.--The
Secretary shall use the formula developed under section
403(a)(4)(C) to assign a score to each eligible State that
represents the performance of the State program funded under
this part for each fiscal year, and shall prescribe a
performance threshold which the Secretary shall use to
determine whether to reduce the applicable percentage with
respect to any eligible State for a fiscal year.
``(ii) Reduction proportional to performance.--The
Secretary shall reduce the applicable percentage for a fiscal
year with respect to each eligible State by an amount which
is directly proportional to the amount (if any) by which the
score assigned to the State under clause (i) for the
immediately preceding fiscal year exceeds the performance
threshold prescribed under clause (i) for such preceding
fiscal year, subject to clause (iii).
``(iii) Limitation on reduction.--The applicable percentage
for a fiscal year with respect to a State may not be reduced
by more than 8 percentage points under this subparagraph.
``(8) Substantial noncompliance of state child support
enforcement program with requirements of part d.--
``(A) In general.--If a State program operated under part D
is found as a result of a review conducted under section
452(a)(4) not to have complied substantially with the
requirements of such part for any quarter, and the Secretary
determines that the program is not complying substantially
with such requirements at the time the finding is made, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the quarter and each subsequent quarter
that ends before the 1st quarter throughout which the program
is found to be in substantial compliance with such
requirements by--
``(i) not less than 1 nor more than 2 percent;
``(ii) not less than 2 nor more than 3 percent, if the
finding is the 2nd consecutive such finding made as a result
of such a review; or
``(iii) not less than 3 nor more than 5 percent, if the
finding is the 3rd or a subsequent consecutive such finding
made as a result of such a review.
``(B) Disregard of noncompliance which is of a technical
nature.--For purposes of subparagraph (A) and section
452(a)(4), a State which is not in full compliance with the
requirements of this part shall be determined to be in
substantial compliance with such requirements only if the
Secretary determines that any noncompliance with such
requirements is of a technical nature which does not
adversely affect the performance of the State's program
operated under part D.
``(9) Failure of state receiving amounts from contingency
fund to maintain 100 percent of historic effort.--If, at the
end of any fiscal year during which amounts from the
Contingency Fund for State Welfare Programs have been paid to
a State, the Secretary finds that the expenditures under the
State program funded under this part for the fiscal year are
less than 100 percent of historic State expenditures (as
defined in paragraph (8)(B)(iii) of this subsection), the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year
by the total of the amounts so paid to the State.
``(10) Failure to expend additional state funds to replace
grant reductions.--If the grant payable to a State under
section 403(a)(1) for a fiscal year is reduced by reason of
this subsection, the State shall, during the immediately
succeeding fiscal year, expend under the State program funded
under this part an amount equal to the total amount of such
reductions.
``(11) Failure to provide medical assistance to families
becoming ineligible for cash assistance under this part due
to increased earnings from employment or collection of child
support.--
``(A) In general.--If the Secretary determines that a State
program funded under this part is not in compliance with
paragraph (13) or (14) of section 408(a) for a quarter, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year
by an amount equal to not more than 5 percent of the State
family assistance grant.
``(B) Penalty based on severity of failure.--The Secretary
shall impose reductions under subparagraph (A) based on the
degree of noncompliance.
``(b) Reasonable Cause Exception.--
``(1) In general.--The Secretary may not impose a penalty
on a State under subsection (a) with respect to a requirement
if the Secretary determines that the State has reasonable
cause for failing to comply with the requirement.
``(2) Exception.--Paragraph (1) of this subsection shall
not apply to any penalty under paragraph (7), (8), or (11) of
subsection (a).
``(c) Corrective Compliance Plan.--
``(1) In general.--
``(A) Notification of violation.--Before imposing a penalty
against a State under subsection (a) with respect to a
violation of this part, the Secretary shall notify the State
of the violation and allow the State the opportunity to enter
into a corrective compliance plan in accordance with this
subsection which outlines how the State will correct the
violation and how the State will insure continuing compliance
with this part.
``(B) 60-day period to propose a corrective compliance
plan.--During the 60-day period that begins on the date the
State receives a notice provided under subparagraph (A) with
respect to a violation, the State may submit to the Federal
Government a corrective compliance plan to correct the
violation.
``(C) Consultation about modifications.--During the 60-day
period that begins with the date the Secretary receives a
corrective compliance plan submitted by a State in accordance
with subparagraph (B), the Secretary may consult with the
State on modifications to the plan.
[[Page 1620]]
``(D) Acceptance of plan.-- A corrective compliance plan
submitted by a State in accordance with subparagraph (B) is
deemed to be accepted by the Secretary if the Secretary does
not accept or reject the plan during 60-day period that
begins on the date the plan is submitted.
``(2) Effect of correcting violation.--The Secretary may
not impose any penalty under subsection (a) with respect to
any violation covered by a State corrective compliance plan
accepted by the Secretary if the State corrects the violation
pursuant to the plan.
``(3) Effect of failing to correct violation.--The
Secretary shall assess some or all of a penalty imposed on a
State under subsection (a) with respect to a violation if the
State does not, in a timely manner, correct the violation
pursuant to a State corrective compliance plan accepted by
the Secretary.
``(4) Inapplicability to failure to timely repay a federal
loan fund for a state welfare program.--This subsection shall
not apply to the imposition of a penalty against a State
under subsection (a)(6).
``(d) Limitation on Amount of Penalty.--
``(1) In general.--In imposing the penalties described in
subsection (a), the Secretary shall not reduce any quarterly
payment to a State by more than 25 percent.
``(2) Carryforward of unrecovered penalties.--To the extent
that paragraph (1) of this subsection prevents the Secretary
from recovering during a fiscal year the full amount of
penalties imposed on a State under subsection (a) of this
section for a prior fiscal year, the Secretary shall apply
any remaining amount of such penalties to the grant payable
to the State under section 403(a)(1) for the immediately
succeeding fiscal year.
``SEC. 410. APPEAL OF ADVERSE DECISION.
``(a) In General.--Within 5 days after the date the
Secretary takes any adverse action under this part with
respect to a State, the Secretary shall notify the chief
executive officer of the State of the adverse action,
including any action with respect to the State plan submitted
under section 402 or the imposition of a penalty under
section 409.
``(b) Administrative Review.--
``(1) In general.--Within 60 days after the date a State
receives notice under subsection (a) of an adverse action,
the State may appeal the action, in whole or in part, to the
Departmental Appeals Board established in the Department of
Health and Human Services (in this section referred to as the
`Board') by filing an appeal with the Board.
``(2) Procedural rules.--The Board shall consider an appeal
filed by a State under paragraph (1) on the basis of such
documentation as the State may submit and as the Board may
require to support the final decision of the Board. In
deciding whether to uphold an adverse action or any portion
of such an action, the Board shall conduct a thorough review
of the issues and take into account all relevant evidence.
The Board shall make a final determination with respect to an
appeal filed under paragraph (1) not less than 60 days after
the date the appeal is filed.
``(c) Judicial Review of Adverse Decision.--
``(1) In general.--Within 90 days after the date of a final
decision by the Board under this section with respect to an
adverse action taken against a State, the State may obtain
judicial review of the final decision (and the findings
incorporated into the final decision) by filing an action
in--
``(A) the district court of the United States for the
judicial district in which the principal or headquarters
office of the State agency is located; or
``(B) the United States District Court for the District of
Columbia.
``(2) Procedural rules.--The district court in which an
action is filed under paragraph (1) shall review the final
decision of the Board on the record established in the
administrative proceeding, in accordance with the standards
of review prescribed by subparagraphs (A) through (E) of
section 706(2) of title 5, United States Code. The review
shall be on the basis of the documents and supporting data
submitted to the Board.
``SEC. 411. DATA COLLECTION AND REPORTING.
``(a) Quarterly Reports by States.--
``(1) General reporting requirement.--
``(A) Contents of report.--Each eligible State shall
collect on a monthly basis, and report to the Secretary on a
quarterly basis, the following disaggregated case record
information on the families receiving assistance under the
State program funded under this part:
``(i) The county of residence of the family.
``(ii) Whether a child receiving such assistance or an
adult in the family is disabled.
``(iii) The ages of the members of such families.
``(iv) The number of individuals in the family, and the
relation of each family member to the youngest child in the
family.
``(v) The employment status and earnings of the employed
adult in the family.
``(vi) The marital status of the adults in the family,
including whether such adults have never married, are
widowed, or are divorced.
``(vii) The race and educational status of each adult in
the family.
``(viii) The race and educational status of each child in
the family.
``(ix) Whether the family received subsidized housing,
medical assistance under the State plan approved under title
XIX, food stamps, or subsidized child care, and if the latter
2, the amount received.
``(x) The number of months that the family has received
each type of assistance under the program.
``(xi) If the adults participated in, and the number of
hours per week of participation in, the following activities:
``(I) Education.
``(II) Subsidized private sector employment.
``(III) Unsubsidized employment.
``(IV) Public sector employment, work experience, or
community service.
``(V) Job search.
``(VI) Job skills training or on-the-job training.
``(VII) Vocational education.
``(xii) Information necessary to calculate participation
rates under section 407.
``(xiii) The type and amount of assistance received under
the program, including the amount of and reason for any
reduction of assistance (including sanctions).
``(xiv) Any amount of unearned income received by any
member of the family.
``(xv) The citizenship of the members of the family.
``(xvi) From a sample of closed cases, whether the family
left the program, and if so, whether the family left due to--
``(I) employment;
``(II) marriage;
``(III) the prohibition set forth in section 408(a)(8);
``(IV) sanction; or
``(V) State policy.
``(B) Use of estimates.--
``(i) Authority.--A State may comply with subparagraph (A)
by submitting an estimate which is obtained through the use
of scientifically acceptable sampling methods approved by the
Secretary.
``(ii) Sampling and other methods.--The Secretary shall
provide the States with such case sampling plans and data
collection procedures as the Secretary deems necessary to
produce statistically valid estimates of the performance of
State programs funded under this part. The Secretary may
develop and implement procedures for verifying the quality of
data submitted by the States.
``(2) Report on use of federal funds to cover
administrative costs and overhead.--The report required by
paragraph (1) for a fiscal quarter shall include a statement
of the percentage of the funds paid to the State under this
part for the quarter that are used to cover administrative
costs or overhead.
``(3) Report on state expenditures on programs for needy
families.--The report required by paragraph (1) for a fiscal
quarter shall include a statement of the total amount
expended by the State during the quarter on programs for
needy families.
``(4) Report on noncustodial parents participating in work
activities.--The report required by paragraph (1) for a
fiscal quarter shall include the number of noncustodial
parents in the State who participated in work activities (as
defined in section 407(d)) during the quarter.
``(5) Report on transitional services.--The report required
by paragraph (1) for a fiscal quarter shall include the total
amount expended by the State during the quarter to provide
transitional services to a family that has ceased to receive
assistance under this part because of employment, along with
a description of such services.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to define the data elements
with respect to which reports are required by this
subsection.
``(b) Annual Reports to the Congress by the Secretary.--Not
later than 6 months after the end of fiscal year 1997, and
each fiscal year thereafter, the Secretary shall transmit to
the Congress a report describing--
``(1) whether the States are meeting--
``(A) the participation rates described in section 407(a);
and
``(B) the objectives of--
``(i) increasing employment and earnings of needy families,
and child support collections; and
``(ii) decreasing out-of-wedlock pregnancies and child
poverty;
``(2) the demographic and financial characteristics of
families applying for assistance, families receiving
assistance, and families that become ineligible to receive
assistance;
``(3) the characteristics of each State program funded
under this part; and
``(4) the trends in employment and earnings of needy
families with minor children living at home.
``SEC. 412. DIRECT FUNDING AND ADMINISTRATION BY INDIAN
TRIBES.
``(a) Grants for Indian Tribes.--
``(1) Tribal family assistance grant.--
``(A) In general.--For each of fiscal years 1997, 1998,
1999, and 2000, the Secretary shall pay to each Indian tribe
that has an approved tribal family assistance plan a tribal
family assistance grant for the fiscal year in an amount
equal to the amount determined under subparagraph (B), and
shall reduce the grant payable under section 403(a)(1) to any
State in which lies the service area or areas of the Indian
tribe by that portion of the amount so determined that is
attributable to expenditures by the State.
``(B) Amount determined.--
``(i) In general.--The amount determined under this
subparagraph is an amount equal to the total amount of the
Federal payments to a State or States under section 403 (as
in effect during such fiscal year) for fiscal year 1994
attributable to expenditures (other than child care
expenditures) by the State or States under parts A and F
(as so in effect)
[[Page 1621]]
for fiscal year 1994 for Indian families residing in the
service area or areas identified by the Indian tribe
pursuant to subsection (b)(1)(C) of this section.
``(ii) Use of state submitted data.--
``(I) In general.--The Secretary shall use State submitted
data to make each determination under clause (i).
``(II) Disagreement with determination.--If an Indian tribe
or tribal organization disagrees with State submitted data
described under subclause (I), the Indian tribe or tribal
organization may submit to the Secretary such additional
information as may be relevant to making the determination
under clause (i) and the Secretary may consider such
information before making such determination.
``(2) Grants for indian tribes that received jobs funds.--
``(A) In general.--The Secretary shall pay to each eligible
Indian tribe for each of fiscal years 1996, 1997, 1998, 1999,
2000, and 2001 a grant in an amount equal to the amount
received by the Indian tribe in fiscal year 1994 under
section 482(i) (as in effect during fiscal year 1994).
``(B) Eligible indian tribe.--For purposes of subparagraph
(A), the term `eligible Indian tribe' means an Indian tribe
or Alaska Native organization that conducted a job
opportunities and basic skills training program in fiscal
year 1995 under section 482(i) (as in effect during fiscal
year 1995).
``(C) Use of grant.--Each Indian tribe to which a grant is
made under this paragraph shall use the grant for the purpose
of operating a program to make work activities available to
members of the Indian tribe.
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $7,638,474 for each fiscal year specified in
subparagraph (A) for grants under subparagraph (A).
``(b) 3-Year Tribal Family Assistance Plan.--
``(1) In general.--Any Indian tribe that desires to receive
a tribal family assistance grant shall submit to the
Secretary a 3-year tribal family assistance plan that--
``(A) outlines the Indian tribe's approach to providing
welfare-related services for the 3-year period, consistent
with this section;
``(B) specifies whether the welfare-related services
provided under the plan will be provided by the Indian tribe
or through agreements, contracts, or compacts with
intertribal consortia, States, or other entities;
``(C) identifies the population and service area or areas
to be served by such plan;
``(D) provides that a family receiving assistance under the
plan may not receive duplicative assistance from other State
or tribal programs funded under this part;
``(E) identifies the employment opportunities in or near
the service area or areas of the Indian tribe and the manner
in which the Indian tribe will cooperate and participate in
enhancing such opportunities for recipients of assistance
under the plan consistent with any applicable State
standards; and
``(F) applies the fiscal accountability provisions of
section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to
the submission of a single-agency audit report required by
chapter 75 of title 31, United States Code.
``(2) Approval.--The Secretary shall approve each tribal
family assistance plan submitted in accordance with paragraph
(1).
``(3) Consortium of tribes.--Nothing in this section shall
preclude the development and submission of a single tribal
family assistance plan by the participating Indian tribes of
an intertribal consortium.
``(c) Minimum Work Participation Requirements and Time
Limits.--The Secretary, with the participation of Indian
tribes, shall establish for each Indian tribe receiving a
grant under this section minimum work participation
requirements, appropriate time limits for receipt of welfare-
related services under the grant, and penalties against
individuals--
``(1) consistent with the purposes of this section;
``(2) consistent with the economic conditions and resources
available to each tribe; and
``(3) similar to comparable provisions in section 407(d).
``(d) Emergency Assistance.--Nothing in this section shall
preclude an Indian tribe from seeking emergency assistance
from any Federal loan program or emergency fund.
``(e) Accountability.--Nothing in this section shall be
construed to limit the ability of the Secretary to maintain
program funding accountability consistent with--
``(1) generally accepted accounting principles; and
``(2) the requirements of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(f) Penalties.--
``(1) Subsections (a)(1), (a)(6), and (b) of section 409,
shall apply to an Indian tribe with an approved tribal
assistance plan in the same manner as such subsections apply
to a State.
``(2) Section 409(a)(3) shall apply to an Indian tribe with
an approved tribal assistance plan by substituting `meet
minimum work participation requirements established under
section 412(c)' for `comply with section 407(a)'.
``(g) Data Collection and Reporting.--Section 411 shall
apply to an Indian tribe with an approved tribal family
assistance plan.
``(h) Special Rule for Indian Tribes in Alaska.--
``(1) In general.--Notwithstanding any other provision of
this section, and except as provided in paragraph (2), an
Indian tribe in the State of Alaska that receives a tribal
family assistance grant under this section shall use the
grant to operate a program in accordance with requirements
comparable to the requirements applicable to the program of
the State of Alaska funded under this part. Comparability of
programs shall be established on the basis of program
criteria developed by the Secretary in consultation with the
State of Alaska and such Indian tribes.
``(2) Waiver.--An Indian tribe described in paragraph (1)
may apply to the appropriate State authority to receive a
waiver of the requirement of paragraph (1).
``SEC. 413. RESEARCH, EVALUATIONS, AND NATIONAL STUDIES.
``(a) Research.--The Secretary shall conduct research on
the benefits, effects, and costs of operating different State
programs funded under this part, including time limits
relating to eligibility for assistance. The research shall
include studies on the effects of different programs and the
operation of such programs on welfare dependency,
illegitimacy, teen pregnancy, employment rates, child well-
being, and any other area the Secretary deems appropriate.
The Secretary shall also conduct research on the costs and
benefits of State activities under section 409.
``(b) Development and Evaluation of Innovative Approaches
To Reducing Welfare Dependency and Increasing Child Well-
Being.--
``(1) In general.--The Secretary may assist States in
developing, and shall evaluate, innovative approaches for
reducing welfare dependency and increasing the well-being of
minor children living at home with respect to recipients of
assistance under programs funded under this part.
The Secretary may provide funds for training and technical
assistance to carry out the approaches developed pursuant
to this paragraph.
``(2) Evaluations.--In performing the evaluations under
paragraph (1), the Secretary shall, to the maximum extent
feasible, use random assignment as an evaluation methodology.
``(c) Dissemination of Information.--The Secretary shall
develop innovative methods of disseminating information on
any research, evaluations, and studies conducted under this
section, including the facilitation of the sharing of
information and best practices among States and localities
through the use of computers and other technologies.
``(d) Annual Ranking of States and Review of Most and Least
Successful Work Programs.--
``(1) Annual ranking of states.--The Secretary shall rank
annually the States to which grants are paid under section
403 in the order of their success in placing recipients of
assistance under the State program funded under this part
into long-term private sector jobs, reducing the overall
welfare caseload, and, when a practicable method for
calculating this information becomes available, diverting
individuals from formally applying to the State program and
receiving assistance. In ranking States under this
subsection, the Secretary shall take into account the average
number of minor children living at home in families in the
State that have incomes below the poverty line and the amount
of funding provided each State for such families.
``(2) Annual review of most and least successful work
programs.--The Secretary shall review the programs of the 3
States most recently ranked highest under paragraph (1) and
the 3 States most recently ranked lowest under paragraph (1)
that provide parents with work experience, assistance in
finding employment, and other work preparation activities and
support services to enable the families of such parents to
leave the program and become self-sufficient.
``(e) Annual Ranking of States and Review of Issues
Relating to Out-of-Wedlock Births.--
``(1) Annual ranking of states.--
``(A) In general.--The Secretary shall annually rank States
to which grants are made under section 403 based on the
following ranking factors:
``(i) Absolute out-of-wedlock ratios.--The ratio
represented by--
``(I) the total number of out-of-wedlock births in families
receiving assistance under the State program under this part
in the State for the most recent fiscal year for which
information is available; over
``(II) the total number of births in families receiving
assistance under the State program under this part in the
State for such year.
``(ii) Net changes in the out-of-wedlock ratio.--The
difference between the ratio described in subparagraph (A)(i)
with respect to a State for the most recent fiscal year for
which such information is available and the ratio with
respect to the State for the immediately preceding year.
``(2) Annual review.--The Secretary shall review the
programs of the 5 States most recently ranked highest under
paragraph (1) and the 5 States most recently ranked the
lowest under paragraph (1).
``(f) State-Initiated Evaluations.--A State shall be
eligible to receive funding to evaluate the State program
funded under this part if--
``(1) the State submits a proposal to the Secretary for the
evaluation;
``(2) the Secretary determines that the design and approach
of the evaluation is rigorous and is likely to yield
information that
[[Page 1622]]
is credible and will be useful to other States, and
``(3) unless otherwise waived by the Secretary, the State
contributes to the cost of the evaluation, from non-Federal
sources, an amount equal to at least 10 percent of the
cost of the evaluation.
``(g) Report on Circumstances of Certain Children and
Families.--
``(1) In general.--Beginning 3 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Committees on Ways
and Means and on Economic and Educational Opportunities of
the House of Representatives and to the Committees on Finance
and on Labor and Resources of the Senate annual reports that
examine in detail the matters described in paragraph (2) with
respect to each of the following groups for the period after
such enactment:
``(A) Individuals who were children in families that have
become ineligible for assistance under a State program funded
under this part by reason of having reached a time limit on
the provision of such assistance.
``(B) Families that include a child who is ineligible for
assistance under a State program funded under this part by
reason of section 408(a)(2).
``(C) Children born after such date of enactment to parents
who, at the time of such birth, had not attained 20 years of
age.
``(D) Individuals who, after such date of enactment, became
parents before attaining 20 years of age.
``(2) Matters described.--The matters described in this
paragraph are the following:
``(A) The percentage of each group that has dropped out of
secondary school (or the equivalent), and the percentage of
each group at each level of educational attainment.
``(B) The percentage of each group that is employed.
``(C) The percentage of each group that has been convicted
of a crime or has been adjudicated as a delinquent.
``(D) The rate at which the members of each group are born,
or have children, out-of-wedlock, and the percentage of each
group that is married.
``(E) The percentage of each group that continues to
participate in State programs funded under this part.
``(F) The percentage of each group that has health
insurance provided by a private entity (broken down by
whether the insurance is provided through an employer or
otherwise), the percentage that has health insurance provided
by an agency of government, and the percentage that does not
have health insurance.
``(G) The average income of the families of the members of
each group.
``(H) Such other matters as the Secretary deems
appropriate.
``(h) Funding of Studies and Demonstrations.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $15,000,000 for each fiscal year specified in
section 403(a)(1) for the purpose of paying--
``(A) the cost of conducting the research described in
subsection (a);
``(B) the cost of developing and evaluating innovative
approaches for reducing welfare dependency and increasing the
well-being of minor children under subsection (b);
``(C) the Federal share of any State-initiated study
approved under subsection (f); and
``(D) an amount determined by the Secretary to be necessary
to operate and evaluate demonstration projects, relating to
this part, that are in effect or approved under section 1115
as of September 30, 1995, and are continued after such date.
``(2) Allocation.--Of the amount appropriated under
paragraph (1) for a fiscal year--
``(A) 50 percent shall be allocated for the purposes
described in subparagraphs (A) and (B) of paragraph (1), and
``(B) 50 percent shall be allocated for the purposes
described in subparagraphs (C) and (D) of paragraph (1).
``(3) Demonstrations of innovative strategies.--The
Secretary may implement and evaluate demonstrations of
innovative and promising strategies which--
``(A) provide one-time capital funds to establish, expand,
or replicate programs;
``(B) test performance-based grant-to-loan financing in
which programs meeting performance targets receive grants
while programs not meeting such targets repay funding on a
prorated basis; and
``(C) test strategies in multiple States and types of
communities.
``SEC. 414. STUDY BY THE CENSUS BUREAU.
``(a) In General.--The Bureau of the Census shall expand
the Survey of Income and Program Participation as necessary
to obtain such information as will enable interested persons
to evaluate the impact of the amendments made by subtitle A
of the Personal Responsibility and Work Opportunity Act of
1996 on a random national sample of recipients of assistance
under State programs funded under this part and (as
appropriate) other low income families, and in doing so,
shall pay particular attention to the issues of out-of-
wedlock birth, welfare dependency, the beginning and end of
welfare spells, and the causes of repeat welfare spells.
``(b) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $10,000,000 for each of fiscal years 1996, 1997,
1998, 1999, 2000, 2001, and 2002 for payment to the Bureau of
the Census to carry out subsection (a).
``SEC. 415. WAIVERS.
``(a) Continuation of Waivers.--
``(1) Waivers in effect on date of enactment of welfare
reform.--Except as provided in paragraph (3), if any waiver
granted to a State under section 1115 or otherwise which
relates to the provision of assistance under a State plan
under this part (as in effect on September 30, 1995) is in
effect as of the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996, the
amendments made by such Act (other than by section 4103(d) of
such Act) shall not apply with respect to the State before
the expiration (determined without regard to any extensions)
of the waiver to the extent such amendments are inconsistent
with the waiver.
``(2) Waivers granted subsequently.--Except as provided in
paragraph (3), if any waiver granted to a State under section
1115 or otherwise which relates to the provision of
assistance under a State plan under this part (as in effect
on September 30, 1995) is submitted to the Secretary before
the date of the enactment of the Personal Responsibility and
Work Opportunity Act of 1996 and approved by the Secretary on
or before July 1, 1997, and the State demonstrates to the
satisfaction of the Secretary that the waiver will not result
in Federal expenditures under title IV of this Act (as in
effect without regard to the amendments made by the Personal
Responsibility and Work Opportunity Act of 1996) that are
greater than would occur in the absence of the waiver, the
amendments made by the Personal Responsibility and Work
Opportunity Act of 1996 (other than by section 4103(d) of
such Act) shall not apply with respect to the State before
the expiration (determined without regard to any extensions)
of the waiver to the extent the amendments made by the
Personal Responsibility and Work Opportunity Act of 1996 are
inconsistent with the waiver.
``(3) Financing limitation.--Notwithstanding any other
provision of law, beginning with fiscal year 1996, a State
operating under a waiver described in paragraph (1) shall be
entitled to payment under section 403 for the fiscal year, in
lieu of any other payment provided for in the waiver.
``(b) State Option To Terminate Waiver.--
``(1) In general.--A State may terminate a waiver described
in subsection (a) before the expiration of the waiver.
``(2) Report.--A State which terminates a waiver under
paragraph (1) shall submit a report to the Secretary
summarizing the waiver and any available information
concerning the result or effect of the waiver.
``(3) Hold harmless provision.--
``(A) In general.--Notwithstanding any other provision of
law, a State that, not later than the date described in
subparagraph (B), submits a written request to terminate a
waiver described in subsection (a) shall be held harmless for
accrued cost neutrality liabilities incurred under the
waiver.
``(B) Date described.--The date described in this
subparagraph is 90 days following the adjournment of the
first regular session of the State legislature that begins
after the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996.
``(c) Secretarial Encouragement of Current Waivers.--The
Secretary shall encourage any State operating a waiver
described in subsection (a) to continue the waiver and to
evaluate, using random sampling and other characteristics of
accepted scientific evaluations, the result or effect of the
waiver.
``(d) Continuation of Individual Waivers.--A State may
elect to continue 1 or more individual waivers described in
subsection (a).
``SEC. 416. ASSISTANT SECRETARY FOR FAMILY SUPPORT.
``The programs under this part and part D shall be
administered by an Assistant Secretary for Family Support
within the Department of Health and Human Services, who shall
be appointed by the President, by and with the advice and
consent of the Senate, and who shall be in addition to any
other Assistant Secretary of Health and Human Services
provided for by law.
``SEC. 417. LIMITATION ON FEDERAL AUTHORITY.
``No officer or employee of the Federal Government may
regulate the conduct of States under this part or enforce any
provision of this part, except to the extent expressly
provided in this part.''; and
(2) by inserting after such section 418 the following:
``SEC. 419. DEFINITIONS.
``As used in this part:
``(1) Adult.--The term `adult' means an individual who is
not a minor child.
``(2) Minor child.--The term `minor child' means an
individual who--
``(A) has not attained 18 years of age; or
``(B) has not attained 19 years of age and is a full-time
student in a secondary school (or in the equivalent level of
vocational or technical training).
``(3) Fiscal year.--The term `fiscal year' means any 12-
month period ending on September 30 of a calendar year.
``(4) Indian, indian tribe, and tribal organization.--
``(A) In general.--Except as provided in subparagraph (B),
the terms `Indian', `Indian tribe', and `tribal organization'
have the meaning given such terms by section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
[[Page 1623]]
``(B) Special rule for indian tribes in alaska.--The term
`Indian tribe' means, with respect to the State of Alaska,
only the Metlakatla Indian Community of the Annette Islands
Reserve and the following Alaska Native regional nonprofit
corporations:
``(i) Arctic Slope Native Association.
``(ii) Kawerak, Inc.
``(iii) Maniilaq Association.
``(iv) Association of Village Council Presidents.
``(v) Tanana Chiefs Conference.
``(vi) Cook Inlet Tribal Council.
``(vii) Bristol Bay Native Association.
``(viii) Aleutian and Pribilof Island Association.
``(ix) Chugachmuit.
``(x) Tlingit Haida Central Council.
``(xi) Kodiak Area Native Association.
``(xii) Copper River Native Association.
``(5) State.--Except as otherwise specifically provided,
the term `State' means the 50 States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, and American
Samoa.''.
(b) Grants to Outlying Areas.--Section 1108 (42 U.S.C.
1308) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by striking all that precedes subsection (c) and
inserting the following:
``SEC. 1108. ADDITIONAL GRANTS TO PUERTO RICO, THE VIRGIN
ISLANDS, GUAM, AND AMERICAN SAMOA; LIMITATION
ON TOTAL PAYMENTS.
``(a) Limitation on Total Payments to Each Territory.--
Notwithstanding any other provision of this Act, the total
amount certified by the Secretary of Health and Human
Services under titles I, X, XIV, and XVI, under parts A, B,
and E of title IV, and under subsection (b) of this section,
for payment to any territory for a fiscal year shall not
exceed the ceiling amount for the territory for the fiscal
year.
``(b) Entitlement to Matching Grant.--
``(1) In general.--Each territory shall be entitled to
receive from the Secretary for each fiscal year a grant in an
amount equal to 75 percent of the amount (if any) by which--
``(A) the total expenditures of the territory during the
fiscal year under the territory programs funded under parts
A, B, and E of title IV; exceeds
``(B) the sum of--
``(i) the total amount required to be paid to the territory
(other than with respect to child care) under former section
403 (as in effect on September 30, 1995) for fiscal year
1995, which shall be determined by applying subparagraphs (C)
and (D) of section 403(a)(1) to the territory;
``(ii) the total amount required to be paid to the
territory under former section 434 (as so in effect) for
fiscal year 1995; and
``(iii) the total amount expended by the territory during
fiscal year 1995 pursuant to parts A, B, and F of title IV
(as so in effect), other than for child care.
``(2) Use of grant.--Any territory to which a grant is made
under paragraph (1) may expend the amount under any program
operated or funded under any provision of law specified in
subsection (a).
``(c) Definitions.--As used in this section:
``(1) Territory.--The term `territory' means Puerto Rico,
the Virgin Islands, Guam, and American Samoa.
``(2) Ceiling amount.--The term `ceiling amount' means,
with respect to a territory and a fiscal year, the mandatory
ceiling amount with respect to the territory plus the
discretionary ceiling amount with respect to the territory,
reduced for the fiscal year in accordance with subsection
(f).
``(3) Mandatory ceiling amount.--The term `mandatory
ceiling amount' means--
``(A) $105,538,000 with respect to for Puerto Rico;
``(B) $4,902,000 with respect to Guam;
``(C) $3,742,000 with respect to the Virgin Islands; and
``(D) $1,122,000 with respect to American Samoa.
``(4) Discretionary ceiling amount.--The term
`discretionary ceiling amount' means, with respect to a
territory and a fiscal year, the total amount appropriated
pursuant to subsection (d)(3) for the fiscal year for payment
to the territory.
``(5) Total amount expended by the territory.--The term
`total amount expended by the territory'--
``(A) does not include expenditures during the fiscal year
from amounts made available by the Federal Government; and
``(B) when used with respect to fiscal year 1995, also does
not include--
``(i) expenditures during fiscal year 1995 under subsection
(g) or (i) of section 402 (as in effect on September 30,
1995); or
``(ii) any expenditures during fiscal year 1995 for which
the territory (but for section 1108, as in effect on
September 30, 1995) would have received reimbursement from
the Federal Government.
``(d) Discretionary Grants.--
``(1) In general.--The Secretary shall make a grant to each
territory for any fiscal year in the amount appropriated
pursuant to paragraph (3) for the fiscal year for payment to
the territory.
``(2) Use of grant.--Any territory to which a grant is made
under paragraph (1) may expend the amount under any program
operated or funded under any provision of law specified in
subsection (a).
``(3) Limitation on authorization of appropriations.--For
grants under paragraph (1), there are authorized to be
appropriated to the Secretary for each fiscal year--
``(A) $7,951,000 for payment to Puerto Rico;
``(B) $345,000 for payment to Guam;
``(C) $275,000 for payment to the Virgin Islands; and
``(D) $190,000 for payment to American Samoa.
``(e) Authority to Transfer Funds Among Programs.--
Notwithstanding any other provision of this Act, any
territory to which an amount is paid under any provision of
law specified in subsection (a) may use part or all of the
amount to carry out any program operated by the territory, or
funded, under any other such provision of law.
``(f) Maintenance of Effort.--The ceiling amount with
respect to a territory shall be reduced for a fiscal year by
an amount equal to the amount (if any) by which--
``(1) the total amount expended by the territory under all
programs of the territory operated pursuant to the provisions
of law specified in subsection (a) (as such provisions were
in effect for fiscal year 1995) for fiscal year 1995; exceeds
``(2) the total amount expended by the territory under all
programs of the territory that are funded under the
provisions of law specified in subsection (a) for the fiscal
year that immediately precedes the fiscal year referred to in
the matter preceding paragraph (1).''; and
(3) by striking subsections (d) and (e).
(c) Repeal of Provisions Requiring Reduction of Medicaid
Payments to States That Reduce Welfare Payment Levels.--
(1) Section 1903(i) (42 U.S.C. 1396b(i)) is amended by
striking paragraph (9).
(2) Section 1902 (42 U.S.C. 1396a) is amended by striking
subsection (c).
(d) Elimination of Child Care Programs Under the Social
Security Act.--
(1) AFDC and transitional child care programs.--Section 402
(42 U.S.C. 602) is amended by striking subsection (g).
(2) At-risk child care program.--
(A) Authorization.--Section 402 (42 U.S.C. 602) is amended
by striking subsection (i).
(B) Funding provisions.--Section 403 (42 U.S.C. 603) is
amended by striking subsection (n).
SEC. 4104. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR
PRIVATE ORGANIZATIONS.
(a) In General.--
(1) State options.--A State may--
(A) administer and provide services under the programs
described in subparagraphs (A) and (B)(i) of paragraph (2)
through contracts with charitable, religious, or private
organizations; and
(B) provide beneficiaries of assistance under the programs
described in subparagraphs (A) and (B)(ii) of paragraph (2)
with certificates, vouchers, or other forms of disbursement
which are redeemable with such organizations.
(2) Programs described.--The programs described in this
paragraph are the following programs:
(A) A State program funded under part A of title IV of the
Social Security Act (as amended by section 4103(a) of this
Act).
(B) Any other program established or modified under
subtitle A, B, or F of this title, that--
(i) permits contracts with organizations; or
(ii) permits certificates, vouchers, or other forms of
disbursement to be provided to beneficiaries, as a means of
providing assistance.
(b) Religious Organizations.--The purpose of this section
is to allow States to contract with religious organizations,
or to allow religious organizations to accept certificates,
vouchers, or other forms of disbursement under any program
described in subsection (a)(2), on the same basis as any
other nongovernmental provider without impairing the
religious character of such organizations, and without
diminishing the religious freedom of beneficiaries of
assistance funded under such program.
(c) Nondiscrimination Against Religious Organizations.--In
the event a State exercises its authority under subsection
(a), religious organizations are eligible, on the same basis
as any other private organization, as contractors to provide
assistance, or to accept certificates, vouchers, or other
forms of disbursement, under any program described in
subsection (a)(2) so long as the programs are implemented
consistent with the Establishment Clause of the United States
Constitution. Except as provided in subsection (k), neither
the Federal Government nor a State receiving funds under such
programs shall discriminate against an organization which is
or applies to be a contractor to provide assistance, or which
accepts certificates, vouchers, or other forms of
disbursement, on the basis that the organization has a
religious character.
(d) Religious Character and Freedom.--
(1) Religious organizations.--A religious organization with
a contract described in subsection (a)(1)(A), or which
accepts certificates, vouchers, or other forms of
disbursement under subsection (a)(1)(B), shall retain its
independence from Federal, State, and local governments,
including such organization's control over the definition,
development, practice, and expression of its religious
beliefs.
(2) Additional safeguards.--Neither the Federal Government
nor a State shall require a religious organization to--
(A) alter its form of internal governance; or
(B) remove religious art, icons, scripture, or other
symbols;
in order to be eligible to contract to provide assistance, or
to accept certificates, vouchers, or other forms of
disbursement, funded
[[Page 1624]]
under a program described in subsection (a)(2).
(e) Rights of Beneficiaries of Assistance.--
(1) In general.--If an individual described in paragraph
(2) has an objection to the religious character of the
organization or institution from which the individual
receives, or would receive, assistance funded under
any program described in subsection (a)(2), the State in
which the individual resides shall provide such individual
(if otherwise eligible for such assistance) within a
reasonable period of time after the date of such objection
with assistance from an alternative provider that is
accessible to the individual and the value of which is not
less than the value of the assistance which the individual
would have received from such organization.
(2) Individual described.--An individual described in this
paragraph is an individual who receives, applies for, or
requests to apply for, assistance under a program described
in subsection (a)(2).
(f) Employment Practices.--A religious organization's
exemption provided under section 702 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-1a) regarding employment practices
shall not be affected by its participation in, or receipt of
funds from, programs described in subsection (a)(2).
(g) Nondiscrimination Against Beneficiaries.--Except as
otherwise provided in law, a religious organization shall not
discriminate against an individual in regard to rendering
assistance funded under any program described in subsection
(a)(2) on the basis of religion, a religious belief, or
refusal to actively participate in a religious practice.
(h) Fiscal Accountability.--
(1) In general.--Except as provided in paragraph (2), any
religious organization contracting to provide assistance
funded under any program described in subsection (a)(2) shall
be subject to the same regulations as other contractors to
account in accord with generally accepted auditing principles
for the use of such funds provided under such programs.
(2) Limited audit.--If such organization segregates Federal
funds provided under such programs into separate accounts,
then only the financial assistance provided with such funds
shall be subject to audit.
(i) Compliance.--Any party which seeks to enforce its
rights under this section may assert a civil action for
injunctive relief exclusively in an appropriate State court
against the entity or agency that allegedly commits such
violation.
(j) Limitations on Use of Funds for Certain Purposes.--No
funds provided directly to institutions or organizations to
provide services and administer programs under subsection
(a)(1)(A) shall be expended for sectarian worship,
instruction, or proselytization.
(k) Preemption.--Nothing in this section shall be construed
to preempt any provision of a State constitution or State
statute that prohibits or restricts the expenditure of State
funds in or by religious organizations.
SEC. 4105. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS
FOR THEIR GRANDCHILDREN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Commerce, in
carrying out section 141 of title 13, United States Code,
shall expand the data collection efforts of the Bureau of the
Census (in this section referred to as the ``Bureau'') to
enable the Bureau to collect statistically significant data,
in connection with its decennial census and its mid-decade
census, concerning the growing trend of grandparents who are
the primary caregivers for their grandchildren.
(b) Expanded Census Question.--In carrying out subsection
(a), the Secretary of Commerce shall expand the Bureau's
census question that details households which include both
grandparents and their grandchildren. The expanded question
shall be formulated to distinguish between the following
households:
(1) A household in which a grandparent temporarily provides
a home for a grandchild for a period of weeks or months
during periods of parental distress.
(2) A household in which a grandparent provides a home for
a grandchild and serves as the primary caregiver for the
grandchild.
SEC. 4106. REPORT ON DATA PROCESSING.
(a) In General.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Congress a report
on--
(1) the status of the automated data processing systems
operated by the States to assist management in the
administration of State programs under part A of title IV of
the Social Security Act (whether in effect before or after
October 1, 1995); and
(2) what would be required to establish a system capable
of--
(A) tracking participants in public programs over time; and
(B) checking case records of the States to determine
whether individuals are participating in public programs of 2
or more States.
(b) Preferred Contents.--The report required by subsection
(a) should include--
(1) a plan for building on the automated data processing
systems of the States to establish a system with the
capabilities described in subsection (a)(2); and
(2) an estimate of the amount of time required to establish
such a system and of the cost of establishing such a system.
SEC. 4107. STUDY ON ALTERNATIVE OUTCOMES MEASURES.
(a) Study.--The Secretary shall, in cooperation with the
States, study and analyze outcomes measures for evaluating
the success of the States in moving individuals out of the
welfare system through employment as an alternative to the
minimum participation rates described in section 407 of the
Social Security Act. The study shall include a determination
as to whether such alternative outcomes measures should be
applied on a national or a State-by-State basis and a
preliminary assessment of the effects of section 409(a)(7)(C)
of such Act.
(b) Report.--Not later than September 30, 1998, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives a report containing the findings of the study
required by subsection (a).
SEC. 4108. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Amendments to Title II.--
(1) Section 205(c)(2)(C)(vi) (42 U.S.C. 405(c)(2)(C)(vi)),
as so redesignated by section 321(a)(9)(B) of the Social
Security Independence and Program Improvements Act of 1994,
is amended--
(A) by inserting ``an agency administering a program funded
under part A of title IV or'' before ``an agency operating'';
and
(B) by striking ``A or D of title IV of this Act'' and
inserting ``D of such title''.
(2) Section 228(d)(1) (42 U.S.C. 428(d)(1)) is amended by
inserting ``under a State program funded under'' before
``part A of title IV''.
(b) Amendments to Part D of Title IV.--
(1) Section 451 (42 U.S.C. 651) is amended by striking
``aid'' and inserting ``assistance under a State program
funded''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) by striking ``aid to families with dependent children''
and inserting ``assistance under a State program funded under
part A'';
(B) by striking ``such aid'' and inserting ``such
assistance''; and
(C) by striking ``under section 402(a)(26) or'' and
inserting ``pursuant to section 408(a)(4) or under section''.
(3) Section 452(a)(10)(F) (42 U.S.C. 652(a)(10)(F)) is
amended--
(A) by striking ``aid under a State plan approved'' and
inserting ``assistance under a State program funded''; and
(B) by striking ``in accordance with the standards referred
to in section 402(a)(26)(B)(ii)'' and inserting ``by the
State''.
(4) Section 452(b) (42 U.S.C. 652(b)) is amended in the
first sentence by striking ``aid under the State plan
approved under part A'' and inserting ``assistance under the
State program funded under part A''.
(5) Section 452(d)(3)(B)(i) (42 U.S.C. 652(d)(3)(B)(i)) is
amended by striking ``1115(c)'' and inserting ``1115(b)''.
(6) Section 452(g)(2)(A)(ii)(I) (42 U.S.C.
652(g)(2)(A)(ii)(I)) is amended by striking ``aid is being
paid under the State's plan approved under part A or E'' and
inserting ``assistance is being provided under the State
program funded under part A''.
(7) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended in the matter following clause (iii) by striking
``aid was being paid under the State's plan approved under
part A or E'' and inserting ``assistance was being provided
under the State program funded under part A''.
(8) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended in
the matter following subparagraph (B)--
(A) by striking ``who is a dependent child'' and inserting
``with respect to whom assistance is being provided under the
State program funded under part A'';
(B) by inserting ``by the State'' after ``found''; and
(C) by striking ``to have good cause for refusing to
cooperate under section 402(a)(26)'' and inserting ``to
qualify for a good cause or other exception to cooperation
pursuant to section 454(29)''.
(9) Section 452(h) (42 U.S.C. 652(h)) is amended by
striking ``under section 402(a)(26)'' and inserting
``pursuant to section 408(a)(4)''.
(10) Section 453(c)(3) (42 U.S.C. 653(c)(3)) is amended by
striking ``aid under part A of this title'' and inserting
``assistance under a State program funded under part A''.
(11) Section 454(5)(A) (42 U.S.C. 654(5)(A))) is amended--
(A) by striking ``under section 402(a)(26)'' and inserting
``pursuant to section 408(a)(4)''; and
(B) by striking ``; except that this paragraph shall not
apply to such payments for any month following the first
month in which the amount collected is sufficient to make
such family ineligible for assistance under the State plan
approved under part A;'' and inserting a comma.
(12) Section 454(6)(D) (42 U.S.C. 654(6)(D)) is amended by
striking ``aid under a State plan approved'' and inserting
``assistance under a State program funded''.
(13) Section 456(a)(1) (42 U.S.C. 656(a)(1)) is amended by
striking ``under section 402(a)(26)''.
(14) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``402(a)(26)'' and inserting
``408(a)(3)''.
(15) Section 466(b)(2) (42 U.S.C. 666(b)(2)) is amended by
striking ``aid'' and inserting ``assistance under a State
program funded''.
(16) Section 469(a) (42 U.S.C. 669(a)) is amended--
[[Page 1625]]
(A) by striking ``aid under plans approved'' and inserting
``assistance under State programs funded''; and
(B) by striking ``such aid'' and inserting ``such
assistance''.
(c) Repeal of Part F of Title IV.--Part F of title IV (42
U.S.C. 681-687) is repealed.
(d) Amendment to Title X.--Section 1002(a)(7) (42 U.S.C.
1202(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved
under section 402 of this Act'' and inserting ``assistance
under a State program funded under part A of title IV''.
(e) Amendments to Title XI.--
(1) Section 1109 (42 U.S.C. 1309) is amended by striking
``or part A of title IV,''.
(2) Section 1115 (42 U.S.C. 1315) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) by striking ``403,'';
(iii) by striking the period at the end and inserting ``,
and''; and
(iv) by adding at the end the following new subparagraph:
``(B) costs of such project which would not otherwise be a
permissible use of funds under part A of title IV and which
are not included as part of the costs of projects under
section 1110, shall to the extent and for the period
prescribed by the Secretary, be regarded as a permissible use
of funds under such part.''; and
(B) in subsection (c)(3), by striking ``the program of aid
to families with dependent children'' and inserting ``part A
of such title''.
(3) Section 1116 (42 U.S.C. 1316) is amended--
(A) in each of subsections (a)(1), (b), and (d), by
striking ``or part A of title IV,''; and
(B) in subsection (a)(3), by striking ``404,''.
(4) Section 1118 (42 U.S.C. 1318) is amended--
(A) by striking ``403(a),'';
(B) by striking ``and part A of title IV,''; and
(C) by striking ``, and shall, in the case of American
Samoa, mean 75 per centum with respect to part A of title
IV''.
(5) Section 1119 (42 U.S.C. 1319) is amended--
(A) by striking ``or part A of title IV''; and
(B) by striking ``403(a),''.
(6) Section 1133(a) (42 U.S.C. 1320b-3(a)) is amended by
striking ``or part A of title IV,''.
(7) Section 1136 (42 U.S.C. 1320b-6) is repealed.
(8) Section 1137 (42 U.S.C. 1320b-7) is amended--
(A) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) any State program funded under part A of title IV of
this Act;''; and
(B) in subsection (d)(1)(B)--
(i) by striking ``In this subsection--'' and all that
follows through ``(ii) in'' and inserting ``In this
subsection, in'';
(ii) by redesignating subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii); and
(iii) by moving such redesignated material 2 ems to the
left.
(f) Amendment to Title XIV.--Section 1402(a)(7) (42 U.S.C.
1352(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under
section 402 of this Act'' and inserting ``assistance under a
State program funded under part A of title IV''.
(g) Amendment to Title XVI as in Effect With Respect to the
Territories.--Section 1602(a)(11), as in effect without
regard to the amendment made by section 301 of the Social
Security Amendments of 1972 (42 U.S.C. 1382 note), is amended
by striking ``aid under the State plan approved'' and
inserting ``assistance under a State program funded''.
(h) Amendment to Title XVI as in Effect With Respect to the
States.--Section 1611(c)(5)(A) (42 U.S.C. 1382(c)(5)(A)) is
amended to read as follows: ``(A) a State program funded
under part A of title IV,''.
(i) Amendment to Title XIX.--Section 1902(j) (42 U.S.C.
1396a(j)) is amended by striking ``1108(c)'' and inserting
``1108(g)''.
SEC. 4109. CONFORMING AMENDMENTS TO THE FOOD STAMP ACT OF
1977 AND RELATED PROVISIONS.
(a) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014)
is amended--
(1) in the second sentence of subsection (a), by striking
``plan approved'' and all that follows through ``title IV of
the Social Security Act'' and inserting ``program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)'';
(2) in subsection (d)--
(A) in paragraph (5), by striking ``assistance to families
with dependent children'' and inserting ``assistance under a
State program funded''; and
(B) by striking paragraph (13) and redesignating paragraphs
(14), (15), and (16) as paragraphs (13), (14), and (15),
respectively;
(3) in subsection (j), by striking ``plan approved under
part A of title IV of such Act (42 U.S.C. 601 et seq.)'' and
inserting ``program funded under part A of title IV of the
Act (42 U.S.C. 601 et seq.)''; and
(4) by striking subsection (m).
(b) Section 6 of such Act (7 U.S.C. 2015) is amended--
(1) in subsection (c)(5), by striking ``the State plan
approved'' and inserting ``the State program funded''; and
(2) in subsection (e)(6), by striking ``aid to families
with dependent children'' and inserting ``benefits under a
State program funded''.
(c) Section 16(g)(4) of such Act (7 U.S.C. 2025(g)(4)) is
amended by striking ``State plans under the Aid to Families
with Dependent Children Program under'' and inserting ``State
programs funded under part A of''.
(d) Section 17 of such Act (7 U.S.C. 2026) is amended--
(1) in the first sentence of subsection (b)(1)(A), by
striking ``to aid to families with dependent children under
part A of title IV of the Social Security Act'' and inserting
``or are receiving assistance under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)''; and
(2) in subsection (b)(3), by adding at the end the
following new subparagraph:
``(I) The Secretary may not grant a waiver under this
paragraph on or after October 1, 1995. Any reference in this
paragraph to a provision of title IV of the Social Security
Act shall be deemed to be a reference to such provision as in
effect on September 30, 1995.'';
(e) Section 20 of such Act (7 U.S.C. 2029) is amended--
(1) in subsection (a)(2)(B) by striking ``operating--'' and
all that follows through ``(ii) any other'' and inserting
``operating any''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1) A household'' and inserting ``(b)
A household''; and
(ii) in subparagraph (B), by striking ``training program''
and inserting ``activity'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively.
(f) Section 5(h)(1) of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93-186; 7 U.S.C. 612c
note) is amended by striking ``the program for aid to
families with dependent children'' and inserting ``the State
program funded''.
(g) Section 9 of the National School Lunch Act (42 U.S.C.
1758) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(C)(ii)(II)--
(i) by striking ``program for aid to families with
dependent children'' and inserting ``State program funded'';
and
(ii) by inserting before the period at the end the
following: ``that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(ii)--
(I) by striking ``an AFDC assistance unit (under the aid to
families with dependent children program authorized'' and
inserting ``a family (under the State program funded''; and
(II) by striking ``, in a State'' and all that follows
through ``9902(2)))'' and inserting ``that the Secretary
determines complies with standards established by the
Secretary that ensure that the standards under the State
program are comparable to or more restrictive than those in
effect on June 1, 1995''; and
(ii) in subparagraph (B), by striking ``aid to families
with dependent children'' and inserting ``assistance under
the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) that the
Secretary determines complies with standards established by
the Secretary that ensure that the standards under the State
program are comparable to or more restrictive than those in
effect on June 1, 1995''; and
(2) in subsection (d)(2)(C)--
(A) by striking ``program for aid to families with
dependent children'' and inserting ``State program funded'';
and
(B) by inserting before the period at the end the
following: ``that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995''.
(h) Section 17(d)(2)(A)(ii)(II) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(2)(A)(ii)(II)) is amended--
(1) by striking ``program for aid to families with
dependent children established'' and inserting ``State
program funded''; and
(2) by inserting before the semicolon the following: ``that
the Secretary determines complies with standards established
by the Secretary that ensure that the standards under the
State program are comparable to or more restrictive than
those in effect on June 1, 1995''.
SEC. 4110. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Subsection (b) of section 508 of the Unemployment
Compensation Amendments of 1976 (42 U.S.C. 603a; Public Law
94-566; 90 Stat. 2689) is amended to read as follows:
``(b) Provision for Reimbursement of Expenses.--For
purposes of section 455 of the Social Security Act, expenses
incurred to reimburse State employment offices for furnishing
information requested of such offices--
``(1) pursuant to the third sentence of section 3(a) of the
Act entitled `An Act to provide for the establishment of a
national employment system and for cooperation with the
States in the promotion of such system, and for other
purposes', approved June 6, 1933 (29 U.S.C. 49b(a)), or
``(2) by a State or local agency charged with the duty of
carrying a State plan for child support approved under part D
of title IV of the Social Security Act,
shall be considered to constitute expenses incurred in the
administration of such State plan.''.
[[Page 1626]]
(b) Section 9121 of the Omnibus Budget Reconciliation Act
of 1987 (42 U.S.C. 602 note) is repealed.
(c) Section 9122 of the Omnibus Budget Reconciliation Act
of 1987 (42 U.S.C. 602 note) is repealed.
(d) Section 221 of the Housing and Urban-Rural Recovery Act
of 1983 (42 U.S.C. 602 note), relating to treatment under
AFDC of certain rental payments for federally assisted
housing, is repealed.
(e) Section 159 of the Tax Equity and Fiscal Responsibility
Act of 1982 (42 U.S.C. 602 note) is repealed.
(f) Section 202(d) of the Social Security Amendments of
1967 (81 Stat. 882; 42 U.S.C. 602 note) is repealed.
(g) Section 903 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 11381 note),
relating to demonstration projects to reduce number of AFDC
families in welfare hotels, is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved'' and
inserting ``assistance under a State program funded''; and
(2) in subsection (c), by striking ``aid to families with
dependent children in the State under a State plan approved''
and inserting ``assistance in the State under a State program
funded''.
(h) The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended--
(1) in section 404C(c)(3) (20 U.S.C. 1070a-23(c)(3)), by
striking ``(Aid to Families with Dependent Children)''; and
(2) in section 480(b)(2) (20 U.S.C. 1087vv(b)(2)), by
striking ``aid to families with dependent children under a
State plan approved'' and inserting ``assistance under a
State program funded''.
(i) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.) is amended--
(1) in section 231(d)(3)(A)(ii) (20 U.S.C.
2341(d)(3)(A)(ii)), by striking ``The program for aid to
dependent children'' and inserting ``The State program
funded'';
(2) in section 232(b)(2)(B) (20 U.S.C. 2341a(b)(2)(B)), by
striking ``the program for aid to families with dependent
children'' and inserting ``the State program funded''; and
(3) in section 521(14)(B)(iii) (20 U.S.C.
2471(14)(B)(iii)), by striking ``the program for aid to
families with dependent children'' and inserting ``the State
program funded''.
(j) The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended--
(1) in section 1113(a)(5) (20 U.S.C. 6313(a)(5)), by
striking ``Aid to Families with Dependent Children program''
and inserting ``State program funded under part A of title IV
of the Social Security Act'';
(2) in section 1124(c)(5) (20 U.S.C. 6333(c)(5)), by
striking ``the program of aid to families with dependent
children under a State plan approved under'' and inserting
``a State program funded under part A of''; and
(3) in section 5203(b)(2) (20 U.S.C. 7233(b)(2))--
(A) in subparagraph (A)(xi), by striking ``Aid to Families
with Dependent Children benefits'' and inserting ``assistance
under a State program funded under part A of title IV of the
Social Security Act''; and
(B) in subparagraph (B)(viii), by striking ``Aid to
Families with Dependent Children'' and inserting ``assistance
under the State program funded under part A of title IV of
the Social Security Act''.
(k) The 4th proviso of chapter VII of title I of Public Law
99-88 (25 U.S.C. 13d-1) is amended to read as follows:
``Provided further, That general assistance payments made by
the Bureau of Indian Affairs shall be made--
``(1) after April 29, 1985, and before October 1, 1995, on
the basis of Aid to Families with Dependent Children (AFDC)
standards of need; and
``(2) on and after October 1, 1995, on the basis of
standards of need established under the State program funded
under part A of title IV of the Social Security Act,
except that where a State ratably reduces its AFDC or State
program payments, the Bureau shall reduce general assistance
payments in such State by the same percentage as the State
has reduced the AFDC or State program payment.''.
(l) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)
is amended--
(1) in section 51(d)(9) (26 U.S.C. 51(d)(9)), by striking
all that follows ``agency as'' and inserting ``being eligible
for financial assistance under part A of title IV of the
Social Security Act and as having continually received
such financial assistance during the 90-day period which
immediately precedes the date on which such individual is
hired by the employer.'';
(2) in section 3304(a)(16) (26 U.S.C. 3304(a)(16)), by
striking ``eligibility for aid or services,'' and all that
follows through ``children approved'' and inserting
``eligibility for assistance, or the amount of such
assistance, under a State program funded'';
(3) in section 6103(l)(7)(D)(i) (26 U.S.C.
6103(l)(7)(D)(i)), by striking ``aid to families with
dependent children provided under a State plan approved'' and
inserting ``a State program funded'';
(4) in section 6103(l)(10) (26 U.S.C. 6103(l)(10))--
(A) by striking ``(c) or (d)'' each place it appears and
inserting ``(c), (d), or (e)''; and
(B) by adding at the end of subparagraph (B) the following
new sentence: ``Any return information disclosed with respect
to section 6402(e) shall only be disclosed to officers and
employees of the State agency requesting such information.'';
(5) in section 6103(p)(4) (26 U.S.C. 6103(p)(4)), in the
matter preceding subparagraph (A)--
(A) by striking ``(5), (10)'' and inserting ``(5)''; and
(B) by striking ``(9), or (12)'' and inserting ``(9), (10),
or (12)'';
(6) in section 6334(a)(11)(A) (26 U.S.C. 6334(a)(11)(A)),
by striking ``(relating to aid to families with dependent
children)'';
(7) in section 6402 (26 U.S.C. 6402)--
(A) in subsection (a), by striking ``(c) and (d)'' and
inserting ``(c), (d), and (e)'';
(B) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(C) by inserting after subsection (d) the following:
``(e) Collection of Overpayments Under Title IV-A of the
Social Security Act.--The amount of any overpayment to be
refunded to the person making the overpayment shall be
reduced (after reductions pursuant to subsections (c) and
(d), but before a credit against future liability for an
internal revenue tax) in accordance with section 405(e) of
the Social Security Act (concerning recovery of overpayments
to individuals under State plans approved under part A of
title IV of such Act).''; and
(8) in section 7523(b)(3)(C) (26 U.S.C. 7523(b)(3)(C)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under a State program funded under
part A of title IV of the Social Security Act''.
(m) Section 3(b) of the Wagner-Peyser Act (29 U.S.C.
49b(b)) is amended by striking ``State plan approved under
part A of title IV'' and inserting ``State program funded
under part A of title IV''.
(n) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.) is amended--
(1) in section 4(29)(A)(i) (29 U.S.C. 1503(29)(A)(i)), by
striking ``(42 U.S.C. 601 et seq.)'';
(2) in section 106(b)(6)(C) (29 U.S.C. 1516(b)(6)(C)), by
striking ``State aid to families with dependent children
records,'' and inserting ``records collected under the State
program funded under part A of title IV of the Social
Security Act,'';
(3) in section 121(b)(2) (29 U.S.C. 1531(b)(2))--
(A) by striking ``the JOBS program'' and inserting ``the
work activities required under title IV of the Social
Security Act''; and
(B) by striking the second sentence;
(4) in section 123(c) (29 U.S.C. 1533(c))--
(A) in paragraph (1)(E), by repealing clause (vi); and
(B) in paragraph (2)(D), by repealing clause (v);
(5) in section 203(b)(3) (29 U.S.C. 1603(b)(3)), by
striking ``, including recipients under the JOBS program'';
(6) in subparagraphs (A) and (B) of section 204(a)(1) (29
U.S.C. 1604(a)(1) (A) and (B)), by striking ``(such as the
JOBS program)'' each place it appears;
(7) in section 205(a) (29 U.S.C. 1605(a)), by striking
paragraph (4) and inserting the following:
``(4) the portions of title IV of the Social Security Act
relating to work activities;'';
(8) in section 253 (29 U.S.C. 1632)--
(A) in subsection (b)(2), by repealing subparagraph (C);
and
(B) in paragraphs (1)(B) and (2)(B) of subsection (c), by
striking ``the JOBS program or'' each place it appears;
(9) in section 264 (29 U.S.C. 1644)--
(A) in subparagraphs (A) and (B) of subsection (b)(1), by
striking ``(such as the JOBS program)'' each place it
appears; and
(B) in subparagraphs (A) and (B) of subsection (d)(3), by
striking ``and the JOBS program'' each place it appears;
(10) in section 265(b) (29 U.S.C. 1645(b)), by striking
paragraph (6) and inserting the following:
``(6) the portion of title IV of the Social Security Act
relating to work activities;'';
(11) in the second sentence of section 429(e) (29 U.S.C.
1699(e)), by striking ``and shall be in an amount that does
not exceed the maximum amount that may be provided by the
State pursuant to section 402(g)(1)(C) of the Social Security
Act (42 U.S.C. 602(g)(1)(C))'';
(12) in section 454(c) (29 U.S.C. 1734(c)), by striking
``JOBS and'';
(13) in section 455(b) (29 U.S.C. 1735(b)), by striking
``the JOBS program,'';
(14) in section 501(1) (29 U.S.C. 1791(1)), by striking
``aid to families with dependent children under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)''
and inserting ``assistance under the State program funded
under part A of title IV of the Social Security Act'';
(15) in section 506(1)(A) (29 U.S.C. 1791e(1)(A)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under the State program funded'';
(16) in section 508(a)(2)(A) (29 U.S.C. 1791g(a)(2)(A)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under the State program funded''; and
(17) in section 701(b)(2)(A) (29 U.S.C. 1792(b)(2)(A))--
(A) in clause (v), by striking the semicolon and inserting
``; and''; and
(B) by striking clause (vi).
(o) Section 3803(c)(2)(C)(iv) of title 31, United States
Code, is amended to read as follows:
``(iv) assistance under a State program funded under part A
of title IV of the Social Security Act;''.
(p) Section 2605(b)(2)(A)(i) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)(i)) is
amended to read as follows:
[[Page 1627]]
``(i) assistance under the State program funded under part
A of title IV of the Social Security Act;''.
(q) Section 303(f)(2) of the Family Support Act of 1988 (42
U.S.C. 602 note) is amended--
(1) by striking ``(A)''; and
(2) by striking subparagraphs (B) and (C).
(r) The Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.) is amended--
(1) in the first section 255(h) (2 U.S.C. 905(h)), by
striking ``Aid to families with dependent children (75-0412-
0-1-609);'' and inserting ``Block grants to States for
temporary assistance for needy families;''; and
(2) in section 256 (2 U.S.C. 906)--
(A) by striking subsection (k); and
(B) by redesignating subsection (l) as subsection (k).
(s) The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended--
(1) in section 210(f) (8 U.S.C. 1160(f)), by striking ``aid
under a State plan approved under'' each place it appears and
inserting ``assistance under a State program funded under'';
(2) in section 245A(h) (8 U.S.C. 1255a(h))--
(A) in paragraph (1)(A)(i), by striking ``program of aid to
families with dependent children'' and inserting ``State
program of assistance''; and
(B) in paragraph (2)(B), by striking ``aid to families with
dependent children'' and inserting ``assistance under a State
program funded under part A of title IV of the Social
Security Act''; and
(3) in section 412(e)(4) (8 U.S.C. 1522(e)(4)), by striking
``State plan approved'' and inserting ``State program
funded''.
(t) Section 640(a)(4)(B)(i) of the Head Start Act (42
U.S.C. 9835(a)(4)(B)(i)) is amended by striking ``program of
aid to families with dependent children under a State plan
approved'' and inserting ``State program of assistance
funded''.
(u) Section 9 of the Act of April 19, 1950 (64 Stat. 47,
chapter 92; 25 U.S.C. 639) is repealed.
(v) Subparagraph (E) of section 213(d)(6) of the School-To-
Work Opportunities Act of 1994 (20 U.S.C. 6143(d)(6)) is
amended to read as follows:
``(E) part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) relating to work activities;''.
(w) Section 552a(a)(8)(B)(iv)(III) of title 5, United
States Code, is amended by striking ``section 464 or 1137 of
the Social Security Act'' and inserting ``section 404(e),
464, or 1137 of the Social Security Act''.
SEC. 4111. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD REQUIRED.
(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance with this section, develop a prototype of a
counterfeit-resistant social security card. Such prototype
card shall--
(A) be made of a durable, tamper-resistant material such as
plastic or polyester,
(B) employ technologies that provide security features,
such as magnetic stripes, holograms, and integrated circuits,
and
(C) be developed so as to provide individuals with reliable
proof of citizenship or legal resident alien status.
(2) Assistance by attorney general.--The Attorney General
of the United States shall provide such information and
assistance as the Commissioner deems necessary to enable the
Commissioner to comply with this section.
(b) Study and Report.--
(1) In general.--The Commissioner shall conduct a study and
issue a report to Congress which examines different methods
of improving the social security card application process.
(2) Elements of study.--The study shall include an
evaluation of the cost and work load implications of issuing
a counterfeit-resistant social security card for all
individuals over a 3-, 5-, and 10-year period. The study
shall also evaluate the feasibility and cost implications of
imposing a user fee for replacement cards and cards issued to
individuals who apply for such a card prior to the scheduled
3-, 5-, and 10-year phase-in options.
(3) Distribution of report.--The Commissioner shall submit
copies of the report described in this subsection along with
a facsimile of the prototype card as described in
subsection (a) to the Committees on Ways and Means and
Judiciary of the House of Representatives and the
Committees on Finance and Judiciary of the Senate within 1
year after the date of the enactment of this Act.
SEC. 4112. DISCLOSURE OF RECEIPT OF FEDERAL FUNDS.
(a) In General.--Whenever an organization that accepts
Federal funds under this title or the amendments made by this
title (other than funds provided under title IV, XVI, or XX
of the Social Security Act) makes any communication that in
any way intends to promote public support or opposition to
any policy of a Federal, State, or local government through
any broadcasting station, newspaper, magazine, outdoor
advertising facility, direct mailing, or any other type of
general public advertising, such communication shall state
the following: ``This was prepared and paid for by an
organization that accepts taxpayer dollars.''.
(b) Failure To Comply.--If an organization makes any
communication described in subsection (a) and fails to
provide the statement required by that subsection, such
organization shall be ineligible to receive Federal funds
under this title or the amendments made by this title.
(c) Definition.--For purposes of this section, the term
``organization'' means an organization described in section
501(c) of the Internal Revenue Code of 1986.
(d) Effective Dates.--This section shall take effect--
(1) with respect to printed communications 1 year after the
date of enactment of this Act; and
(2) with respect to any other communication on the date of
enactment of this Act.
SEC. 4113. MODIFICATIONS TO THE JOB OPPORTUNITIES FOR CERTAIN
LOW-INCOME INDIVIDUALS PROGRAM.
Section 505 of the Family Support Act of 1988 (42 U.S.C.
1315 note) is amended--
(1) in the heading, by striking ``demonstration'';
(2) by striking ``demonstration'' each place such term
appears;
(3) in subsection (a), by striking ``in each of fiscal
years'' and all that follows through ``10'' and inserting
``shall enter into agreements with'';
(4) in subsection (b)(3), by striking ``aid to families
with dependent children under part A of title IV of the
Social Security Act'' and inserting ``assistance under the
program funded part A of title IV of the Social Security Act
of the State in which the individual resides'';
(5) in subsection (c)--
(A) in paragraph (1)(C), by striking ``aid to families with
dependent children under title IV of the Social Security
Act'' and inserting ``assistance under a State program funded
part A of title IV of the Social Security Act'';
(B) in paragraph (2), by striking ``aid to families with
dependent children under title IV of such Act'' and inserting
``assistance under a State program funded part A of title IV
of the Social Security Act'';
(6) in subsection (d), by striking ``job opportunities and
basic skills training program (as provided for under title IV
of the Social Security Act)'' and inserting ``the State
program funded under part A of title IV of the Social
Security Act''; and
(7) by striking subsections (e) through (g) and inserting
the following:
``(e) Authorization of Appropriations.--For the purpose of
conducting projects under this section, there is authorized
to be appropriated an amount not to exceed $25,000,000 for
any fiscal year.''.
SEC. 4114. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR
TECHNICAL AND CONFORMING AMENDMENTS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Health and Human Services and the
Commissioner of Social Security, in consultation,
as appropriate, with the heads of other Federal agencies,
shall submit to the appropriate committees of Congress a
legislative proposal proposing such technical and
conforming amendments as are necessary to bring the law
into conformity with the policy embodied in this subtitle.
SEC. 4115. CONFORMING AMENDMENTS TO MEDICAID PROGRAM.
(a) In General.--Title XIX is amended--
(1) in section 1931, by inserting ``subject to section
1931(a),'' in subsection (a) after ``under this title,'' and
by redesignating such section as section 1932; and
(2) by inserting after section 1930 the following new
section:
``continued application of standards and methodologies under part a of
title iv for certain individuals
``Sec. 1931. (a) For purposes of applying this title with
respect to a State, notwithstanding any other provision of
this title--
``(1) except as provided in paragraphs (2) through (5), any
reference in this title (or other provision of law in
relation to the operation of this title) to a provision of
part A of title IV, or a State plan under such part, shall be
considered a reference to such provision or plan as in effect
as of July 16, 1996, with respect to the State and
eligibility for medical assistance under this title shall be
determined as if such provision or plan (as in effect as of
such date) remained in effect;
``(2) any reference in section 1902(a)(5) or 1902(a)(55) to
a State plan approved under part A of title IV shall be
deemed a reference to a State program funded under such part;
``(3) a State may provide that any income standard under
the State plan referred to in paragraph (1) may be increased
over a period (beginning after July 16, 1996) by a percentage
that does not exceed the percentage increase in the consumer
price index for all urban consumers (all items; U.S. city
average) over such period;
``(4) in applying section 1925, medical assistance is
required to be provided under such section only if it is
required to be provided under section 408(a)(13); and
``(b) In the case of a waiver of a provision of part A of
title IV in effect with respect to a State as of July 16,
1996, if the waiver affects eligibility of individuals for
medical assistance under this title, such waiver may continue
to be applied, at the option of the State, in relation to
this title after the date the waiver would otherwise
expire.''.
(b) Plan Amendment.--Section 1902(a) (42 U.S.C. 1396a(a))
is amended--
(1) by striking ``and'' at the end of paragraph (61),
(2) by striking the period at the end of paragraph (62) and
inserting ``; and'', and
(3) by inserting after paragraph (62) the following new
paragraph:
``(63) provide for continuing to administer eligibility
standards with respect to individuals who are (or seek to be)
eligible for med
[[Page 1628]]
ical assistance based on the application of section 1931.''.
(c) Conforming Amendments.--(1) Section 1902(c) (42 U.S.C.
1396a(c)) is amended by striking ``if--'' and all that
follows and inserting the following: ``if the State requires
individuals described in subsection (l)(1) to apply for
assistance under the State program funded under part A of
title IV as a condition of applying for or receiving medical
assistance under this title.''.
(2) Section 1903(i) (42 U.S.C. 1396b(i)) is amended by
striking paragraph (9).
SEC. 4116. EFFECTIVE DATE; TRANSITION RULE.
(a) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subtitle, this subtitle and the amendments made by this
subtitle shall take effect on July 1, 1997.
(2) Delayed effective date for certain provisions.--
Notwithstanding any other provision of this section,
paragraphs (2), (3), (4), (5), (8), and (10) of
section 409(a) and section 411(a) of the Social Security
Act (as added by the amendments made by section 4103(a) of
this Act) shall not take effect with respect to a State
until, and shall apply only with respect to conduct that
occurs on or after, the later of--
(A) July 1, 1997; or
(B) the date that is 6 months after the date the Secretary
of Health and Human Services receives from the State a plan
described in section 402(a) of the Social Security Act (as
added by such amendment).
(3) Elimination of child care programs.--The amendments
made by section 4103(d) shall take effect on October 1, 1996.
(4) Definitions applicable to new child care entitlement.--
Sections 403(a)(1)(C), 403(a)(1)(D), and 419(4) of the Social
Security Act, as added by the amendments made by section
4103(a) of this Act, shall take effect on October 1, 1996.
(b) Transition Rules.--Effective on the date of the
enactment of this Act:
(1) State option to accelerate effective date.--
(A) In general.--If the Secretary of Health and Human
Services receives from a State a plan described in section
402(a) of the Social Security Act (as added by the amendment
made by section 4103(a)(1) of this Act), then--
(i) on and after the date of such receipt--
(I) except as provided in clause (ii), this subtitle and
the amendments made by this subtitle (other than by section
4103(d) of this Act) shall apply with respect to the State;
and
(II) the State shall be considered an eligible State for
purposes of part A of title IV of the Social Security Act (as
in effect pursuant to the amendments made by such section
4103(a)); and
(ii) during the period that begins on the date of such
receipt and ends on June 30, 1997, there shall remain in
effect with respect to the State--
(I) section 403(h) of the Social Security Act (as in effect
on September 30, 1995); and
(II) all State reporting requirements under parts A and F
of title IV of the Social Security Act (as in effect on
September 30, 1995), modified by the Secretary as
appropriate, taking into account the State program under part
A of title IV of the Social Security Act (as in effect
pursuant to the amendments made by such section 4103(a)).
(B) Limitations on federal obligations.--
(i) Under afdc program.--The total obligations of the
Federal Government to a State under part A of title IV of the
Social Security Act (as in effect on September 30, 1995) with
respect to expenditures in fiscal year 1997 shall not exceed
an amount equal to the State family assistance grant.
(ii) Under temporary family assistance program.--
Notwithstanding section 403(a)(1) of the Social Security Act
(as in effect pursuant to the amendments made by section
4103(a) of this Act), the total obligations of the Federal
Government to a State under such section 403(a)(1)--
(I) for fiscal year 1996, shall be an amount equal to--
(aa) the State family assistance grant; multiplied by
(bb) \1/366\ of the number of days during the period that
begins on the date the Secretary of Health and Human Services
first receives from the State a plan described in section
402(a) of the Social Security Act (as added by the
amendment made by section 4103(a)(1) of this Act) and ends
on September 30, 1996; and
(II) for fiscal year 1997, shall be an amount equal to the
lesser of--
(aa) the amount (if any) by which the State family
assistance grant exceeds the total obligations of the Federal
Government to the State under part A of title IV of the
Social Security Act (as in effect on September 30, 1995) with
respect to expenditures in fiscal year 1997; or
(bb) the State family assistance grant, multiplied by \1/
365\ of the number of days during the period that begins on
October 1, 1996, or the date the Secretary of Health and
Human Services first receives from the State a plan described
in section 402(a) of the Social Security Act (as added by the
amendment made by section 4103(a)(1) of this Act), whichever
is later, and ends on September 30, 1997.
(iii) Child care obligations excluded in determining
federal afdc obligations.--As used in this subparagraph, the
term ``obligations of the Federal Government to the State
under part A of title IV of the Social Security Act'' does
not include any obligation of the Federal Government with
respect to child care expenditures by the State.
(C) Submission of state plan for fiscal year 1996 or 1997
deemed acceptance of grant limitations and formula and
termination of afdc entitlement.--The submission of a plan by
a State pursuant to subparagraph (A) is deemed to
constitute--
(i) the State's acceptance of the grant reductions under
subparagraph (B) (including the formula for computing the
amount of the reduction); and
(ii) the termination of any entitlement of any individual
or family to benefits or services under the State AFDC
program.
(D) Definitions.--As used in this paragraph:
(i) State afdc program.--The term ``State AFDC program''
means the State program under parts A and F of title IV of
the Social Security Act (as in effect on September 30, 1995).
(ii) State.--The term ``State'' means the 50 States and the
District of Columbia.
(iii) State family assistance grant.--The term ``State
family assistance grant'' means the State family assistance
grant (as defined in section 403(a)(1)(B) of the Social
Security Act, as added by the amendment made by section
4103(a)(1) of this Act).
(2) Claims, actions, and proceedings.--The amendments made
by this subtitle shall not apply with respect to--
(A) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid, assistance, or services
provided before the effective date of this subtitle under the
provisions amended; and
(B) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
(3) Closing out account for those programs terminated or
substantially modified by this subtitle.--In closing out
accounts, Federal and State officials may use scientifically
acceptable statistical sampling techniques. Claims made with
respect to State expenditures under a State plan approved
under part A of title IV of the Social Security Act (as in
effect on September 30, 1995) with respect to assistance or
services provided on or before September 30, 1995, shall be
treated as claims with respect to expenditures during fiscal
year 1995 for purposes of reimbursement even if payment
was made by a State on or after October 1, 1995. Each
State shall complete the filing of all claims under the
State plan (as so in effect) within 2 years after the date
of the enactment of this Act. The head of each Federal
department shall--
(A) use the single audit procedure to review and resolve
any claims in connection with the close out of programs under
such State plans; and
(B) reimburse States for any payments made for assistance
or services provided during a prior fiscal year from funds
for fiscal year 1995, rather than from funds authorized by
this subtitle.
(4) Continuance in office of assistant secretary for family
support.--The individual who, on the day before the effective
date of this subtitle, is serving as Assistant Secretary for
Family Support within the Department of Health and Human
Services shall, until a successor is appointed to such
position--
(A) continue to serve in such position; and
(B) except as otherwise provided by law--
(i) continue to perform the functions of the Assistant
Secretary for Family Support under section 417 of the Social
Security Act (as in effect before such effective date); and
(ii) have the powers and duties of the Assistant Secretary
for Family Support under section 416 of the Social Security
Act (as in effect pursuant to the amendment made by section
4103(a)(1) of this Act).
(c) Termination of Entitlement Under AFDC Program.--
Effective October 1, 1996, no individual or family shall be
entitled to any benefits or services under any State plan
approved under part A or F of title IV of the Social Security
Act (as in effect on September 30, 1995).
Subtitle B--Supplemental Security Income
SEC. 4200. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
subtitle an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
CHAPTER 1--ELIGIBILITY RESTRICTIONS
SEC. 4201. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDIVIDUALS
FOUND TO HAVE FRAUDULENTLY MISREPRESENTED
RESIDENCE IN ORDER TO OBTAIN BENEFITS
SIMULTANEOUSLY IN 2 OR MORE STATES.
(a) In General.--Section 1611(e) (42 U.S.C. 1382(e)), as
amended by section 105(b)(4) of the Contract with America
Advancement Act of 1996, is amended by redesignating
paragraph (5) as paragraph (3) and by adding at the end the
following new paragraph:
``(4)(A) No person shall be considered an eligible
individual or eligible spouse for purposes of this title
during the 10-year period that begins on the date the person
is convicted in Federal or State court of having made a
fraudulent statement or representation with respect to the
place of residence of the person in order to receive
assistance simultaneously from 2 or more States under
programs that are funded under title IV, title XIX, or the
Food Stamp Act of 1977, or benefits in 2 or more States under
the supplemental security income program under this title.
``(B) As soon as practicable after the conviction of a
person in a Federal or State
[[Page 1629]]
court as described in subparagraph (A), an official of such
court shall notify the Commissioner of such conviction.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 4202. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS AND
PROBATION AND PAROLE VIOLATORS.
(a) In General.--Section 1611(e) (42 U.S.C. 1382(e)), as
amended by section 4201(a) of this Act, is amended by adding
at the end the following new paragraph:
``(5) No person shall be considered an eligible individual
or eligible spouse for purposes of this title with respect to
any month if during such month the person is--
``(A) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the person flees, for a crime, or an attempt to
commit a crime, which is a felony under the laws of the place
from which the person flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(B) violating a condition of probation or parole imposed
under Federal or State law.''.
(b) Exchange of Information.--Section 1611(e) (42 U.S.C.
1382(e)), as amended by section 4201(a) of this Act and
subsection (a) of this section, is amended by adding at the
end the following new paragraph:
``(6) Notwithstanding any other provision of law (other
than section 6103 of the Internal Revenue Code of 1986), the
Commissioner shall furnish any Federal, State, or local law
enforcement officer, upon the written request of the officer,
with the current address, Social Security number, and
photograph (if applicable) of any recipient of benefits under
this title, if the officer furnishes the Commissioner with
the name of the recipient, and other identifying information
as reasonably required by the Commissioner to establish the
unique identity of the recipient, and notifies the
Commissioner that--
``(A) the recipient--
``(i) is described in subparagraph (A) or (B) of paragraph
(5); or
``(ii) has information that is necessary for the officer to
conduct the officer's official duties; and
``(B) the location or apprehension of the recipient is
within the officer's official duties.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 4203. TREATMENT OF PRISONERS.
(a) Implementation of Prohibition Against Payment of
Benefits to Prisoners.--
(1) In general.--Section 1611(e)(1) (42 U.S.C. 1382(e)(1))
is amended by adding at the end the following new
subparagraph:
``(I)(i) The Commissioner shall enter into an agreement,
with any interested State or local institution described in
clause (i) or (ii) of section 202(x)(1)(A) the primary
purpose of which is to confine individuals as described in
section 202(x)(1)(A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis and in a manner specified by the
Commissioner, the names, social security account numbers,
dates of birth, confinement commencement dates, and, to the
extent available to the institution, such other identifying
information concerning the inmates of the institution as the
Commissioner may require for the purpose of carrying out
paragraph (1); and
``(II) the Commissioner shall pay to any such institution,
with respect to each inmate of the institution who is
eligible for a benefit under this title for the month
preceding the first month throughout which such inmate is in
such institution and becomes ineligible for such benefit as a
result of the application of this subparagraph, $400 if the
institution furnishes the information described in subclause
(I) to the Commissioner within 30 days after the date such
individual becomes an inmate of such institution, or $200 if
the institution furnishes such information after 30 days
after such date but within 90 days after such date.
``(ii)(I) The provisions of section 552a of title 5, United
States Code, shall not apply to any agreement entered
into under clause (i) or to information exchanged pursuant
to such agreement.
``(II) The Commissioner is authorized to provide, on a
reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any Federal or
federally-assisted cash, food, or medical assistance program
for eligibility purposes.
``(iii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect to
the same individual under an agreement entered into under
section 202(x)(3)(B).
``(iv) Payments to institutions required by clause (i)(II)
shall be made from funds otherwise available for the payment
of benefits under this title and shall be treated as direct
spending for purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985.''.
(2) Conforming oasdi amendments.--Section 202(x)(3) (42
U.S.C. 402(x)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) The Commissioner shall enter into an agreement,
with any interested State or local institution described in
clause (i) or (ii) of paragraph (1)(A) the primary purpose of
which is to confine individuals as described in paragraph
(1)(A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis and in a manner specified by the
Commissioner, the names, social security account numbers,
dates of birth, confinement commencement dates, and, to the
extent available to the institution, such other identifying
information concerning the individuals confined in the
institution as the Commissioner may require for the purpose
of carrying out paragraph (1); and
``(II) the Commissioner shall pay to any such institution,
with respect to each individual who is entitled to a benefit
under this title for the month preceding the first month
throughout which such individual is confined in such
institution as described in paragraph (1)(A), $400 if the
institution furnishes the information described in subclause
(I) to the Commissioner within 30 days after the date such
individual's confinement in such institution begins, or $200
if the institution furnishes such information after 30 days
after such date but within 90 days after such date.
``(ii)(I) The provisions of section 552a of title 5, United
States Code, shall not apply to any agreement entered into
under clause (i) or to information exchanged pursuant to such
agreement.
``(II) The Commissioner is authorized to provide, on a
reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any Federal or
federally-assisted cash, food, or medical assistance program
for eligibility purposes.
``(iii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect to
the same individual under an agreement entered into under
section 1611(e)(1)(I).
``(iv) There shall be transferred from the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund, as appropriate, such sums as may be
necessary to enable the Commissioner to make payments to
institutions required by clause (i)(II). Sums so transferred
shall be treated as direct spending for purposes of the
Balanced Budget and Emergency Deficit Control Act of 1985 and
excluded from budget totals in accordance with section 13301
of the Budget Enforcement Act of 1990.''.
(3) Effective date.--The amendments made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the
seventh month beginning after the month in which this Act is
enacted.
(b) Elimination of OASDI Requirement That Confinement Stem
From Crime Punishable by Imprisonment for More Than 1 Year.--
(1) In general.--Section 202(x)(1)(A) (42 U.S.C.
402(x)(1)(A)) is amended--
(A) in the matter preceding clause (i), by striking
``during'' and inserting ``throughout'';
(B) in clause (i), by striking ``pursuant'' and all that
follows through ``imposed)''; and
(C) in clause (ii)(I), by striking ``an offense punishable
by imprisonment for more than 1 year'' and inserting ``a
criminal offense''.
(2) Effective date.--The amendments made by this subsection
shall be effective with respect to benefits payable for
months beginning more than 180 days after the date of the
enactment of this Act.
(c) Study of Other Potential Improvements in the Collection
of Information Respecting Public Inmates.--
(1) Study.--The Commissioner of Social Security shall
conduct a study of the desirability, feasibility, and cost
of--
(A) establishing a system under which Federal, State, and
local courts would furnish to the Commissioner such
information respecting court orders by which individuals are
confined in jails, prisons, or other public penal,
correctional, or medical facilities as the Commissioner may
require for the purpose of carrying out sections 202(x) and
1611(e)(1) of the Social Security Act; and
(B) requiring that State and local jails, prisons, and
other institutions that enter into agreements with the
Commissioner under section 202(x)(3)(B) or 1611(e)(1)(I) of
the Social Security Act furnish the information required by
such agreements to the Commissioner by means of an electronic
or other sophisticated data exchange system.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner of Social Security
shall submit a report on the results of the study conducted
pursuant to this subsection to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives.
(d) Additional Report to Congress.--Not later than October
1, 1998, the Commissioner of Social Security shall provide to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a list of the
institutions that are and are not providing information to
the Commissioner under sections 202(x)(3)(B) and
1611(e)(1)(I) of the Social Security Act (as added by this
section).
SEC. 4204. EFFECTIVE DATE OF APPLICATION FOR BENEFITS.
(a) In General.--Subparagraphs (A) and (B) of section
1611(c)(7) (42 U.S.C. 1382(c)(7)) are amended to read as
follows:
``(A) the first day of the month following the date such
application is filed, or
``(B) the first day of the month following the date such
individual becomes eligible for such benefits with respect to
such application.''.
(b) Special Rule Relating to Emergency Advance Payments.--
Section 1631(a)(4)(A) (42 U.S.C. 1383(a)(4)(A)) is amended--
[[Page 1630]]
(1) by inserting ``for the month following the date the
application is filed'' after ``is presumptively eligible for
such benefits''; and
(2) by inserting ``, which shall be repaid through
proportionate reductions in such benefits over a period of
not more than 6 months'' before the semicolon.
(c) Conforming Amendments.--
(1) Section 1614(b) (42 U.S.C. 1382c(b)) is amended by
striking ``at the time the application or request is
filed'' and inserting ``on the first day of the month
following the date the application or request is filed''.
(2) Section 1631(g)(3) (42 U.S.C. 1382j(g)(3)) is amended
by inserting ``following the month'' after ``beginning with
the month''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to applications for benefits under title XVI of the
Social Security Act filed on or after the date of the
enactment of this Act, without regard to whether regulations
have been issued to implement such amendments.
(2) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
CHAPTER 2--BENEFITS FOR DISABLED CHILDREN
SEC. 4211. DEFINITION AND ELIGIBILITY RULES.
(a) Definition of Childhood Disability.--Section 1614(a)(3)
(42 U.S.C. 1382c(a)(3)), as amended by section 105(b)(1) of
the Contract with America Advancement Act of 1996, is
amended--
(1) in subparagraph (A), by striking ``An individual'' and
inserting ``Except as provided in subparagraph (C), an
individual'';
(2) in subparagraph (A), by striking ``(or, in the case of
an individual under the age of 18, if he suffers from any
medically determinable physical or mental impairment of
comparable severity)'';
(3) by redesignating subparagraphs (C) through (I) as
subparagraphs (D) through (J), respectively;
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C)(i) An individual under the age of 18 shall be
considered disabled for the purposes of this title if that
individual has a medically determinable physical or mental
impairment, which results in marked and severe functional
limitations, and which can be expected to result in death or
which has lasted or can be expected to last for a continuous
period of not less than 12 months.
``(ii) The Commissioner shall ensure that the combined
effects of all physical or mental impairments of an
individual are taken into account in determining whether an
individual is disabled in accordance with clause (i).
``(iii) The Commissioner shall ensure that the regulations
prescribed under this subparagraph provide for the evaluation
of children who cannot be tested because of their young age.
``(iv) Notwithstanding the preceding provisions of this
subparagraph, no individual under the age of 18 who engages
in substantial gainful activity (determined in accordance
with regulations prescribed pursuant to subparagraph (E)) may
be considered to be disabled.''; and
(5) in subparagraph (F), as redesignated by paragraph (3),
by striking ``(D)'' and inserting ``(E)''.
(b) Changes to Childhood SSI Regulations.--
(1) Modification to medical criteria for evaluation of
mental and emotional disorders.--The Commissioner of Social
Security shall modify sections 112.00C.2. and 112.02B.2.c.(2)
of appendix 1 to subpart P of part 404 of title 20, Code of
Federal Regulations, to eliminate references to maladaptive
behavior in the domain of personal/behavorial function.
(2) Discontinuance of individualized functional
assessment.--The Commissioner of Social Security shall
discontinue the individualized functional assessment for
children set forth in sections 416.924d and 416.924e of title
20, Code of Federal Regulations.
(c) Medical Improvement Review Standard as it Applies to
Individuals Under the Age of 18.--Section 1614(a)(4) (42
U.S.C. 1382(a)(4)) is amended--
(1) by redesignating subclauses (I) and (II) of clauses (i)
and (ii) of subparagraph (B) as items (aa) and (bb),
respectively;
(2) by redesignating clauses (i) and (ii) of subparagraphs
(A) and (B) as subclauses (I) and (II), respectively;
(3) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(4) by inserting before clause (i) (as redesignated by
paragraph (3)) the following new subparagraph:
``(A) in the case of an individual who is age 18 or older--
'';
(5) by inserting after and below subparagraph (A)(iii) (as
so redesignated) the following new subparagraph:
``(B) in the case of an individual who is under the age of
18--
``(i) substantial evidence which demonstrates that there
has been medical improvement in the individual's impairment
or combination of impairments, and that such impairment or
combination of impairments no longer results in marked and
severe functional limitations; or
``(ii) substantial evidence which demonstrates that, as
determined on the basis of new or improved diagnostic
techniques or evaluations, the individual's impairment or
combination of impairments, is not as disabling as it was
considered to be at the time of the most recent prior
decision that the individual was under a disability or
continued to be under a disability, and such impairment or
combination of impairments does not result in marked and
severe functional limitations; or'';
(6) by redesignating subparagraph (D) as subparagraph (C)
and by inserting in such subparagraph ``in the case of any
individual,'' before ``substantial evidence''; and
(7) in the first sentence following subparagraph (C) (as
redesignated by paragraph (6)), by--
(A) inserting ``(i)'' before ``to restore''; and
(B) inserting ``, or (ii) in the case of an individual
under the age of 18, to eliminate or improve the individual's
impairment or combination of impairments so that it no longer
results in marked and severe functional limitations''
immediately before the period.
(d) Effective Dates, Etc.--
(1) Effective dates.--
(A) Subsections (a) and (b).--
(i) In general.--The provisions of, and amendments made by,
subsections (a) and (b) shall apply to any individual who
applies for, or whose claim is finally adjudicated with
respect to, benefits under title XVI of the Social Security
Act on or after the date of the enactment of this Act,
without regard to whether regulations have been issued to
implement such provisions and amendments.
(ii) Determination of final adjudication.--For purposes of
clause (i), no individual's claim with respect to such
benefits may be considered to be finally adjudicated before
such date of enactment if, on or after such date, there is
pending a request for either administrative or judicial
review with respect to such claim that has been denied in
whole, or there is pending, with respect to such claim,
readjudication by the Commissioner of Social Security
pursuant to relief in a class action or implementation by the
Commissioner of a court remand order.
(B) Subsection (c).--The amendments made by subsection (c)
shall apply with respect to benefits under title XVI of the
Social Security Act for months beginning on or after the date
of the enactment of this Act, without regard to whether
regulations have been issued to implement such amendments.
(2) Application to current recipients.--
(A) Eligibility redeterminations.--During the period
beginning on the date of the enactment of this Act and ending
on the date which is 1 year after such date of enactment,
the Commissioner of Social Security shall redetermine the
eligibility of any individual under age 18 who is eligible
for supplemental security income benefits by reason of
disability under title XVI of the Social Security Act as
of the date of the enactment of this Act and whose
eligibility for such benefits may terminate by reason of
the provisions of, or amendments made by, subsections (a)
and (b). With respect to any redetermination under this
subparagraph--
(i) section 1614(a)(4) of the Social Security Act (42
U.S.C. 1382c(a)(4)) shall not apply;
(ii) the Commissioner of Social Security shall apply the
eligibility criteria for new applicants for benefits under
title XVI of such Act;
(iii) the Commissioner shall give such redetermination
priority over all continuing eligibility reviews and other
reviews under such title; and
(iv) such redetermination shall be counted as a review or
redetermination otherwise required to be made under section
208 of the Social Security Independence and Program
Improvements Act of 1994 or any other provision of title XVI
of the Social Security Act.
(B) Grandfather provision.--The provisions of, and
amendments made by, subsections (a) and (b), and the
redetermination under subparagraph (A), shall only apply with
respect to the benefits of an individual described in
subparagraph (A) for months beginning on or after the date of
the redetermination with respect to such individual.
(C) Notice.--Not later than January 1, 1997, the
Commissioner of Social Security shall notify an individual
described in subparagraph (A) of the provisions of this
paragraph.
(3) Report.--The Commissioner of Social Security shall
report to the Congress regarding the progress made in
implementing the provisions of, and amendments made by, this
section on child disability evaluations not later than 180
days after the date of the enactment of this Act.
(4) Regulations.--Notwithstanding any other provision of
law, the Commissioner of Social Security shall submit for
review to the committees of jurisdiction in the Congress any
final regulation pertaining to the eligibility of individuals
under age 18 for benefits under title XVI of the Social
Security Act at least 45 days before the effective date of
such regulation. The submission under this paragraph shall
include supporting documentation providing a cost analysis,
workload impact, and projections as to how the regulation
will effect the future number of recipients under such title.
(5) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
[[Page 1631]]
SEC. 4212. ELIGIBILITY REDETERMINATIONS AND CONTINUING
DISABILITY REVIEWS.
(a) Continuing Disability Reviews Relating to Certain
Children.--Section 1614(a)(3)(H) (42 U.S.C. 1382c(a)(3)(H)),
as redesignated by section 4211(a)(3) of this Act, is
amended--
(1) by inserting ``(i)'' after ``(H)''; and
(2) by adding at the end the following new clause:
``(ii)(I) Not less frequently than once every 3 years, the
Commissioner shall review in accordance with paragraph (4)
the continued eligibility for benefits under this title of
each individual who has not attained 18 years of age and is
eligible for such benefits by reason of an impairment (or
combination of impairments) which is likely to improve (or,
at the option of the Commissioner, which is unlikely to
improve).
``(II) A representative payee of a recipient whose case is
reviewed under this clause shall present, at the time of
review, evidence demonstrating that the recipient is, and has
been, receiving treatment, to the extent considered medically
necessary and available, of the condition which was the basis
for providing benefits under this title.
``(III) If the representative payee refuses to comply
without good cause with the requirements of subclause (II),
the Commissioner of Social Security shall, if the
Commissioner determines it is in the best interest of the
individual, promptly suspend payment of benefits to the
representative payee, and provide for payment of benefits
to an alternative representative payee of the individual
or, if the interest of the individual under this title
would be served thereby, to the individual.
``(IV) Subclause (II) shall not apply to the representative
payee of any individual with respect to whom the Commissioner
determines such application would be inappropriate or
unnecessary. In making such determination, the Commissioner
shall take into consideration the nature of the individual's
impairment (or combination of impairments). Section 1631(c)
shall not apply to a finding by the Commissioner that the
requirements of subclause (II) should not apply to an
individual's representative payee.''.
(b) Disability Eligibility Redeterminations Required for
SSI Recipients Who Attain 18 Years of Age.--
(1) In general.--Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as amended by subsection (a) of this
section, is amended by adding at the end the following new
clause:
``(iii) If an individual is eligible for benefits under
this title by reason of disability for the month preceding
the month in which the individual attains the age of 18
years, the Commissioner shall redetermine such eligibility--
``(I) during the 1-year period beginning on the
individual's 18th birthday; and
``(II) by applying the criteria used in determining the
initial eligibility for applicants who are age 18 or older.
With respect to a redetermination under this clause,
paragraph (4) shall not apply and such redetermination shall
be considered a substitute for a review or redetermination
otherwise required under any other provision of this
subparagraph during that 1-year period.''.
(2) Conforming repeal.--Section 207 of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C.
1382 note; 108 Stat. 1516) is hereby repealed.
(c) Continuing Disability Review Required for Low Birth
Weight Babies.--Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as amended by subsections (a) and (b) of
this section, is amended by adding at the end the following
new clause:
``(iv)(I) Not later than 12 months after the birth of an
individual, the Commissioner shall review in accordance with
paragraph (4) the continuing eligibility for benefits under
this title by reason of disability of such individual whose
low birth weight is a contributing factor material to the
Commissioner's determination that the individual is disabled.
``(II) A review under subclause (I) shall be considered a
substitute for a review otherwise required under any other
provision of this subparagraph during that 12-month period.
``(III) A representative payee of a recipient whose case is
reviewed under this clause shall present, at the time of
review, evidence demonstrating that the recipient is, and has
been, receiving treatment, to the extent considered medically
necessary and available, of the condition which was the basis
for providing benefits under this title.
``(IV) If the representative payee refuses to comply
without good cause with the requirements of subclause (III),
the Commissioner of Social Security shall, if the
Commissioner determines it is in the best interest of the
individual, promptly suspend payment of benefits to the
representative payee, and provide for payment of benefits to
an alternative representative payee of the individual or, if
the interest of the individual under this title would be
served thereby, to the individual.
``(V) Subclause (III) shall not apply to the representative
payee of any individual with respect to whom the Commissioner
determines such application would be inappropriate or
unnecessary. In making such determination, the Commissioner
shall take into consideration the nature of the individual's
impairment (or combination of impairments). Section 1631(c)
shall not apply to a finding by the Commissioner that the
requirements of subclause (III) should not apply to an
individual's representative payee.''.
(d) Effective Date.--The amendments made by this section
shall apply to benefits for months beginning on or after the
date of the enactment of this Act, without regard to whether
regulations have been issued to implement such amendments.
SEC. 4213. ADDITIONAL ACCOUNTABILITY REQUIREMENTS.
(a) Disposal of Resources for Less Than Fair Market
Value.--
(1) In general.--Section 1613(c) (42 U.S.C. 1382b(c)) is
amended to read as follows:
``Disposal of Resources for Less Than Fair Market Value
``(c)(1)(A)(i) If an individual who has not attained 18
years of age (or any person acting on such individual's
behalf) disposes of resources of the individual for less than
fair market value on or after the look-back date specified in
clause (ii)(I), the individual is ineligible for benefits
under this title for months during the period beginning on
the date specified in clause (iii) and equal to the number of
months specified in clause (iv).
``(ii)(I) The look-back date specified in this subclause is
a date that is 36 months before the date specified in
subclause (II).
``(II) The date specified in this subclause is the date on
which the individual applies for benefits under this title
or, if later, the date on which the disposal of the
individual's resources for less than fair market value
occurs.
``(iii) The date specified in this clause is the first day
of the first month that follows the month in which the
individual's resources were disposed of for less than fair
market value and that does not occur in any other period of
ineligibility under this paragraph.
``(iv) The number of months of ineligibility under this
clause for an individual shall be equal to--
``(I) the total, cumulative uncompensated value of all the
individual's resources so disposed of on or after the look-
back date specified in clause (ii)(I), divided by
``(II) the amount of the maximum monthly benefit payable
under section 1611(b) to an eligible individual for the month
in which the date specified in clause (ii)(II) occurs.
``(B) An individual shall not be ineligible for benefits
under this title by reason of subparagraph (A) if the
Commissioner determines that--
``(i) the individual intended to dispose of the resources
at fair market value;
``(ii) the resources were transferred exclusively for a
purpose other than to qualify for benefits under this title;
``(iii) all resources transferred for less than fair market
value have been returned to the individual; or
``(iv) the denial of eligibility would work an undue
hardship on the individual (as determined on the basis of
criteria established by the Commissioner in regulations).
``(C) For purposes of this paragraph, in the case of a
resource held by an individual in common with another person
or persons in a joint tenancy, tenancy in common, or similar
arrangement, the resource (or the affected portion of such
resource) shall be considered to be disposed of by such
individual when any action is taken, either by such
individual or by any other person, that reduces or eliminates
such individual's ownership or control of such resource.
``(D)(i) Notwithstanding subparagraph (A), this subsection
shall not apply to a transfer of a resource to a trust if the
portion of the trust attributable to such resource is
considered a resource available to the individual pursuant to
subsection (e)(3) (or would be so considered, but for the
application of subsection (e)(4)).
``(ii) In the case of a trust established by an individual
(within the meaning of subsection (e)(2)(A)), if from such
portion of the trust (if any) that is considered a resource
available to the individual pursuant to subsection (e)(3) (or
would be so considered but for the application of subsection
(e)(2)) or the residue of such portion upon the termination
of the trust--
``(I) there is made a payment other than to or for the
benefit of the individual, or
``(II) no payment could under any circumstance be made to
the individual,
then the payment described in subclause (I) or the
foreclosure of payment described in subclause (II) shall be
considered a disposal of resources by the individual subject
to this subsection, as of the date of such payment or
foreclosure, respectively.
``(2)(A) At the time an individual (and the individual's
eligible spouse, if any) applies for benefits under this
title, and at the time the eligibility of an individual (and
such spouse, if any) for such benefits is redetermined, the
Commissioner of Social Security shall--
``(i) inform such individual of the provisions of paragraph
(1) providing for a period of ineligibility for benefits
under this title for individuals who make certain
dispositions of resources for less than fair market value,
and inform such individual that information obtained pursuant
to clause (ii) will be made available to the State agency
administering a State plan approved under title XIX (as
provided in subparagraph (B)); and
``(ii) obtain from such individual information which may be
used in determining whether or not a period of ineligibility
for such benefits would be required by reason of paragraph
(1).
``(B) The Commissioner of Social Security shall make the
information obtained under subparagraph (A)(ii) available, on
request, to any State agency administering a State plan
approved under title XIX.
``(3) For purposes of this subsection--
[[Page 1632]]
``(A) the term `trust' includes any legal instrument or
device that is similar to a trust; and
``(B) the term `benefits under this title' includes
supplementary payments pursuant to an agreement for Federal
administration under section 1616(a), and payments pursuant
to an agreement entered into under section 212(b) of Public
Law 93-66.''.
(2) Effective date.--The amendment made by this subsection
shall be effective with respect to transfers that occur at
least 90 days after the date of the enactment of this Act.
(b) Treatment of Assets Held in Trust.--
(1) Treatment as resource.--Section 1613 (42 U.S.C. 1382)
is amended by adding at the end the following new subsection:
``Trusts
``(e)(1) In determining the resources of an individual who
has not attained 18 years of age, the provisions of paragraph
(3) shall apply to a trust established by such individual.
``(2)(A) For purposes of this subsection, an individual
shall be considered to have established a trust if any assets
of the individual were transferred to the trust.
``(B) In the case of an irrevocable trust to which the
assets of an individual and the assets of any other person or
persons were transferred, the provisions of this subsection
shall apply to the portion of the trust attributable to the
assets of the individual.
``(C) This subsection shall apply without regard to--
``(i) the purposes for which the trust is established;
``(ii) whether the trustees have or exercise any discretion
under the trust;
``(iii) any restrictions on when or whether distributions
may be made from the trust; or
``(iv) any restrictions on the use of distributions from
the trust.
``(3)(A) In the case of a revocable trust, the corpus of
the trust shall be considered a resource available to the
individual.
``(B) In the case of an irrevocable trust, if there are any
circumstances under which payment from the trust could be
made to or for the benefit of the individual, the portion of
the corpus from which payment to or for the benefit of the
individual could be made shall be considered a resource
available to the individual.
``(4) The Commissioner may waive the application of this
subsection with respect to any individual if the Commissioner
determines, on the basis of criteria prescribed in
regulations, that such application would work an undue
hardship on such individual.
``(5) For purposes of this subsection--
``(A) the term `trust' includes any legal instrument or
device that is similar to a trust;
``(B) the term `corpus' means all property and other
interests held by the trust, including accumulated earnings
and any other addition to such trust after its establishment
(except that such term does not include any such earnings or
addition in the month in which such earnings or addition is
credited or otherwise transferred to the trust);
``(C) the term `asset' includes any income or resource of
the individual, including--
``(i) any income otherwise excluded by section 1612(b);
``(ii) any resource otherwise excluded by this section; and
``(iii) any other payment or property that the individual
is entitled to but does not receive or have access to because
of action by--
``(I) such individual;
``(II) a person or entity (including a court) with legal
authority to act in place of, or on behalf of, such
individual; or
``(III) a person or entity (including a court) acting at
the direction of, or upon the request of, such individual;
and
``(D) the term `benefits under this title' includes
supplementary payments pursuant to an agreement for Federal
administration under section 1616(a), and payments pursuant
to an agreement entered into under section 212(b) of Public
Law 93-66.''.
(2) Treatment as income.--Section 1612(a)(2) (42 U.S.C.
1382a(a)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph (E);
(B) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) any earnings of, and additions to, the corpus of a
trust (as defined in section 1613(f)) established by an
individual (within the meaning of section 1613(e)(2)(A)) and
of which such individual is a beneficiary (other than a trust
to which section 1613(e)(4) applies), except that in the case
of an irrevocable trust, there shall exist circumstances
under which payment from such earnings or additions could be
made to, or for the benefit of, such individual.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date which is 90 days after the date
of the enactment of this Act, and shall apply to trusts
established on or after such date.
(c) Requirement To Establish Account.--
(1) In general.--Section 1631(a)(2) (42 U.S.C. 1383(a)(2))
is amended--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph:
``(F)(i)(I) Each representative payee of an eligible
individual under the age of 18 who is eligible for the
payment of benefits described in subclause (II) shall
establish on behalf of such individual an account in a
financial institution into which such benefits shall be paid,
and shall thereafter maintain such account for use in
accordance with clause (ii).
``(II) Benefits described in this subclause are past-due
monthly benefits under this title (which, for purposes of
this subclause, include State supplementary payments made by
the Commissioner pursuant to an agreement under section 1616
or section 212(b) of Public Law 93-66) in an amount (after
any withholding by the Commissioner for reimbursement to a
State for interim assistance under subsection (g)) that
exceeds the product of--
``(aa) 6, and
``(bb) the maximum monthly benefit payable under this title
to an eligible individual.
``(ii)(I) A representative payee shall use funds in the
account established under clause (i) to pay for allowable
expenses described in subclause (II).
``(II) An allowable expense described in this subclause is
an expense for--
``(aa) education or job skills training;
``(bb) personal needs assistance;
``(cc) special equipment;
``(dd) housing modification;
``(ee) medical treatment;
``(ff) therapy or rehabilitation; or
``(gg) any other item or service that the Commissioner
determines to be appropriate;
provided that such expense benefits such individual and, in
the case of an expense described in item (bb), (cc), (dd),
(ff), or (gg), is related to the impairment (or combination
of impairments) of such individual.
``(III) The use of funds from an account established under
clause (i) in any manner not authorized by this clause--
``(aa) by a representative payee shall be considered a
misapplication of benefits for all purposes of this
paragraph, and any representative payee who knowingly
misapplies benefits from such an account shall be liable to
the Commissioner in an amount equal to the total amount of
such benefits; and
``(bb) by an eligible individual who is his or her own
payee shall be considered a misapplication of benefits for
all purposes of this paragraph and the total amount of such
benefits so used shall be considered to be the uncompensated
value of a disposed resource and shall be subject to the
provisions of section 1613(c).
``(IV) This clause shall continue to apply to funds in the
account after the child has reached age 18, regardless of
whether benefits are paid directly to the beneficiary or
through a representative payee.
``(iii) The representative payee may deposit into the
account established pursuant to clause (i)--
``(I) past-due benefits payable to the eligible individual
in an amount less than that specified in clause (i)(II), and
``(II) any other funds representing an underpayment under
this title to such individual, provided that the amount of
such underpayment is equal to or exceeds the maximum monthly
benefit payable under this title to an eligible individual.
``(iv) The Commissioner of Social Security shall establish
a system for accountability monitoring whereby such
representative payee shall report, at such time and in such
manner as the Commissioner shall require, on activity
respecting funds in the account established pursuant to
clause (i).''.
(2) Exclusion from resources.--Section 1613(a) (42 U.S.C.
1382b(a)) is amended--
(A) by striking ``and'' at the end of paragraph (10);
(B) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(C) by inserting after paragraph (11) the following new
paragraph:
``(12) any account, including accrued interest or other
earnings thereon, established and maintained in accordance
with section 1631(a)(2)(F).''.
(3) Exclusion from income.--Section 1612(b) (42 U.S.C.
1382a(b)) is amended--
(A) by striking ``and'' at the end of paragraph (19);
(B) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(21) the interest or other earnings on any account
established and maintained in accordance with section
1631(a)(2)(F).''.
(4) Effective date.--The amendments made by this subsection
shall apply to payments made after the date of the enactment
of this Act.
SEC. 4214. REDUCTION IN CASH BENEFITS PAYABLE TO
INSTITUTIONALIZED INDIVIDUALS WHOSE MEDICAL
COSTS ARE COVERED BY PRIVATE INSURANCE.
(a) In General.--Section 1611(e)(1)(B) (42 U.S.C.
1382(e)(1)(B)) is amended--
(1) by striking ``title XIX, or'' and inserting ``title
XIX,''; and
(2) by inserting ``or, in the case of an eligible
individual under the age of 18, receiving payments (with
respect to such individual) under any health insurance policy
issued by a private provider of such insurance'' after
``section 1614(f)(2)(B),''.
(b) Effective Date.--The amendment made by this section
shall apply to benefits for months beginning 90 or more days
after the date of the enactment of this Act, without regard
to whether regulations have been issued to implement such
amendments.
SEC. 4215. REGULATIONS.
Within 3 months after the date of the enactment of this
Act, the Commissioner of Social Security shall prescribe such
regulations as may be necessary to implement the amendments
made by this chapter.
[[Page 1633]]
CHAPTER 3--ADDITIONAL ENFORCEMENT PROVISIONS
SEC. 4221. INSTALLMENT PAYMENT OF LARGE PAST-DUE SUPPLEMENTAL
SECURITY INCOME BENEFITS.
(a) In General.--Section 1631(a) (42 U.S.C. 1383) is
amended by adding at the end the following new paragraph:
``(10)(A) If an individual is eligible for past-due monthly
benefits under this title in an amount that (after any
withholding for reimbursement to a State for interim
assistance under subsection (g)) equals or exceeds the
product of--
``(i) 12, and
``(ii) the maximum monthly benefit payable under this title
to an eligible individual (or, if appropriate, to an eligible
individual and eligible spouse),
then the payment of such past-due benefits (after any such
reimbursement to a State) shall be made in installments as
provided in subparagraph (B).
``(B)(i) The payment of past-due benefits subject to this
subparagraph shall be made in not to exceed 3 installments
that are made at 6-month intervals.
``(ii) Except as provided in clause (iii), the amount of
each of the first and second installments may not exceed an
amount equal to the product of clauses (i) and (ii) of
subparagraph (A).
``(iii) In the case of an individual who has--
``(I) outstanding debt attributable to--
``(aa) food,
``(bb) clothing,
``(cc) shelter, or
``(dd) medically necessary services, supplies or equipment,
or medicine; or
``(II) current expenses or expenses anticipated in the near
term attributable to--
``(aa) medically necessary services, supplies or equipment,
or medicine, or
``(bb) the purchase of a home, and
such debt or expenses are not subject to reimbursement by a
public assistance program, the Secretary under title XVIII, a
State plan approved under title XIX, or any private entity
legally liable to provide payment pursuant to an insurance
policy, pre-paid plan, or other arrangement, the limitation
specified in clause (ii) may be exceeded by an amount equal
to the total of such debt and expenses.
``(C) This paragraph shall not apply to any individual who,
at the time of the Commissioner's determination that such
individual is eligible for the payment of past-due monthly
benefits under this title--
``(i) is afflicted with a medically determinable impairment
that is expected to result in death within 12 months; or
``(ii) is ineligible for benefits under this title and the
Commissioner determines that such individual is likely to
remain ineligible for the next 12 months.
``(D) For purposes of this paragraph, the term `benefits
under this title' includes supplementary payments pursuant to
an agreement for Federal administration under section
1616(a), and payments pursuant to an agreement entered into
under section 212(b) of Public Law 93-66.''.
(b) Conforming Amendment.--Section 1631(a)(1) (42 U.S.C.
1383(a)(1)) is amended by inserting ``(subject to paragraph
(10))'' immediately before ``in such installments''.
(c) Effective Date.--
(1) In general.--The amendments made by this section are
effective with respect to past-due benefits payable under
title XVI of the Social Security Act after the third month
following the month in which this Act is enacted.
(2) Benefits payable under title xvi.--For purposes of this
subsection, the term ``benefits payable under title XVI of
the Social Security Act'' includes supplementary payments
pursuant to an agreement for Federal administration under
section 1616(a) of the Social Security Act, and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66.
SEC. 4222. RECOVERY OF SUPPLEMENTAL SECURITY INCOME
OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS.
(a) In General.--Part A of title XI is amended by adding at
the end the following new section:
``RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS
``Sec. 1146. (a) In General.--Whenever the Commissioner of
Social Security determines that more than the correct amount
of any payment has been made to any person under the
supplemental security income program authorized by title XVI,
and the Commissioner is unable to make proper adjustment or
recovery of the amount so incorrectly paid as provided in
section 1631(b), the Commissioner (notwithstanding section
207) may recover the amount incorrectly paid by decreasing
any amount which is payable under the Federal Old-Age and
Survivors Insurance program or the Federal Disability
Insurance program authorized by title II to that person or
that person's estate.
``(b) No Effect on SSI Benefit Eligibility or Amount.--
Notwithstanding subsections (a) and (b) of section 1611, in
any case in which the Commissioner takes action in accordance
with subsection (a) to recover an overpayment from any
person, neither that person, nor any individual whose
eligibility or benefit amount is determined by considering
any part of that person's income, shall, as a result of such
action--
``(1) become eligible under the program of supplemental
security income benefits under title XVI, or
``(2) if such person or individual is already so eligible,
become eligible for increased benefits thereunder.
``(c) Program Under Title XVI.--For purposes of this
section, the term `supplemental security income program
authorized by title XVI' includes supplementary payments
pursuant to an agreement for Federal administration under
section 1616(a), and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93-66.''.
(b) Conforming Amendments.--
(1) Section 204 (42 U.S.C. 404) is amended by adding at the
end the following new subsection:
``(g) For payments which are adjusted or withheld to
recover an overpayment of supplemental security income
benefits paid under title XVI (including State supplementary
payments which were paid under an agreement pursuant to
section 1616(a) or section 212(b) of Public Law 93-66), see
section 1146.''.
(2) Section 1631(b) is amended by adding at the end the
following new paragraph:
``(5) For the recovery of overpayments of benefits under
this title from benefits payable under title II, see section
1146.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to overpayments outstanding on or after such
date.
SEC. 4223. REGULATIONS.
Within 3 months after the date of the enactment of this
Act, the Commissioner of Social Security shall prescribe such
regulations as may be necessary to implement the amendments
made by this chapter.
CHAPTER 4--STATE SUPPLEMENTATION PROGRAMS
SEC. 4225. REPEAL OF MAINTENANCE OF EFFORT REQUIREMENTS
APPLICABLE TO OPTIONAL STATE PROGRAMS FOR
SUPPLEMENTATION OF SSI BENEFITS.
Section 1618 (42 U.S.C. 1382g) is hereby repealed.
CHAPTER 5--STUDIES REGARDING SUPPLEMENTAL SECURITY INCOME PROGRAM
SEC. 4231. ANNUAL REPORT ON THE SUPPLEMENTAL SECURITY INCOME
PROGRAM.
Title XVI (42 U.S.C. 1381 et seq.), as amended by section
4201(c) of this Act, is amended by adding at the end the
following new section:
``ANNUAL REPORT ON PROGRAM
``Sec. 1637. (a) Not later than May 30 of each year, the
Commissioner of Social Security shall prepare and deliver a
report annually to the President and the Congress regarding
the program under this title, including--
``(1) a comprehensive description of the program;
``(2) historical and current data on allowances and
denials, including number of applications and allowance rates
for initial determinations, reconsideration determinations,
administrative law judge hearings, appeals council reviews,
and Federal court decisions;
``(3) historical and current data on characteristics of
recipients and program costs, by recipient group (aged,
blind, disabled adults, and disabled children);
``(4) projections of future number of recipients and
program costs, through at least 25 years;
``(5) number of redeterminations and continuing disability
reviews, and the outcomes of such redeterminations and
reviews;
``(6) data on the utilization of work incentives;
``(7) detailed information on administrative and other
program operation costs;
``(8) summaries of relevant research undertaken by the
Social Security Administration, or by other researchers;
``(9) State supplementation program operations;
``(10) a historical summary of statutory changes to this
title; and
``(11) such other information as the Commissioner deems
useful.
``(b) Each member of the Social Security Advisory Board
shall be permitted to provide an individual report, or a
joint report if agreed, of views of the program under this
title, to be included in the annual report required under
this section.''.
SEC. 4232. STUDY OF DISABILITY DETERMINATION PROCESS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and from funds otherwise
appropriated, the Commissioner of Social Security shall make
arrangements with the National Academy of Sciences, or other
independent entity, to conduct a study of the disability
determination process under titles II and XVI of the Social
Security Act. This study shall be undertaken in consultation
with professionals representing appropriate disciplines.
(b) Study Components.--The study described in subsection
(a) shall include--
(1) an initial phase examining the appropriateness of, and
making recommendations regarding--
(A) the definitions of disability in effect on the date of
the enactment of this Act and the advantages and
disadvantages of alternative definitions; and
(B) the operation of the disability determination process,
including the appropriate method of performing comprehensive
assessments of individuals under age 18 with physical and
mental impairments;
(2) a second phase, which may be concurrent with the
initial phase, examining the validity, reliability, and
consistency with current scientific knowledge of the
standards and individual listings in the Listing of
Impairments set forth in appendix 1 of subpart P of part 404
of title 20, Code of Federal Reg
[[Page 1634]]
ulations, and of related evaluation procedures as promulgated
by the Commissioner of Social Security; and
(3) such other issues as the applicable entity considers
appropriate.
(c) Reports and Regulations.--
(1) Reports.--The Commissioner of Social Security shall
request the applicable entity, to submit an interim report
and a final report of the findings and recommendations
resulting from the study described in this section to the
President and the Congress not later than 18 months and 24
months, respectively, from the date of the contract for such
study, and such additional reports as the Commissioner deems
appropriate after consultation with the applicable entity.
(2) Regulations.--The Commissioner of Social Security shall
review both the interim and final reports, and shall issue
regulations implementing any necessary changes following each
report.
SEC. 4233. STUDY BY GENERAL ACCOUNTING OFFICE.
Not later than January 1, 1999, the Comptroller General of
the United States shall study and report on--
(1) the impact of the amendments made by, and the
provisions of, this subtitle on the supplemental security
income program under title XVI of the Social Security Act;
and
(2) extra expenses incurred by families of children
receiving benefits under such title that are not covered by
other Federal, State, or local programs.
CHAPTER 6--NATIONAL COMMISSION ON THE FUTURE OF DISABILITY
SEC. 4241. ESTABLISHMENT.
There is established a commission to be known as the
National Commission on the Future of Disability (referred to
in this chapter as the ``Commission'').
SEC. 4242. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall develop and carry out
a comprehensive study of all matters related to the nature,
purpose, and adequacy of all Federal programs serving
individuals with disabilities. In particular, the
Commission shall study the disability insurance program
under title II of the Social Security Act and the
supplemental security income disability program under
title XVI of such Act.
(b) Matters Studied.--The Commission shall prepare an
inventory of Federal programs serving individuals with
disabilities, and shall examine--
(1) trends and projections regarding the size and
characteristics of the population of individuals with
disabilities, and the implications of such analyses for
program planning;
(2) the feasibility and design of performance standards for
the Nation's disability programs;
(3) the adequacy of Federal efforts in rehabilitation
research and training, and opportunities to improve the lives
of individuals with disabilities through all manners of
scientific and engineering research; and
(4) the adequacy of policy research available to the
Federal Government, and what actions might be undertaken to
improve the quality and scope of such research.
(c) Recommendations.--The Commission shall submit to the
appropriate committees of the Congress and to the President
recommendations and, as appropriate, proposals for
legislation, regarding--
(1) which (if any) Federal disability programs should be
eliminated or augmented;
(2) what new Federal disability programs (if any) should be
established;
(3) the suitability of the organization and location of
disability programs within the Federal Government;
(4) other actions the Federal Government should take to
prevent disabilities and disadvantages associated with
disabilities; and
(5) such other matters as the Commission considers
appropriate.
SEC. 4243. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 15
members, of whom--
(A) five shall be appointed by the President, of whom not
more than 3 shall be of the same major political party;
(B) three shall be appointed by the Majority Leader of the
Senate;
(C) two shall be appointed by the Minority Leader of the
Senate;
(D) three shall be appointed by the Speaker of the House of
Representatives; and
(E) two shall be appointed by the Minority Leader of the
House of Representatives.
(2) Representation.--The Commission members shall be chosen
based on their education, training, or experience. In
appointing individuals as members of the Commission, the
President and the Majority and Minority Leaders of the Senate
and the Speaker and Minority Leader of the House of
Representatives shall seek to ensure that the membership of
the Commission reflects the general interests of the business
and taxpaying community and the diversity of individuals with
disabilities in the United States.
(b) Comptroller General.--The Comptroller General of the
United States shall advise the Commission on the methodology
and approach of the study of the Commission.
(c) Term of Appointment.--The members shall serve on the
Commission for the life of the Commission.
(d) Meetings.--The Commission shall locate its headquarters
in the District of Columbia, and shall meet at the call of
the Chairperson, but not less than 4 times each year during
the life of the Commission.
(e) Quorum.--Ten members of the Commission shall constitute
a quorum, but a lesser number may hold hearings.
(f) Chairperson and Vice Chairperson.--Not later than 15
days after the members of the Commission are appointed, such
members shall designate a Chairperson and Vice Chairperson
from among the members of the Commission.
(g) Continuation of Membership.--If a member of the
Commission becomes an officer or employee of any government
after appointment to the Commission, the individual may
continue as a member until a successor member is appointed.
(h) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made not
later than 30 days after the Commission is given notice of
the vacancy.
(i) Compensation.--Members of the Commission shall receive
no additional pay, allowances, or benefits by reason of their
service on the Commission.
(j) Travel Expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. 4244. STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--Upon consultation with the members of the
Commission, the Chairperson shall appoint a Director of the
Commission.
(2) Compensation.--The Director shall be paid the rate of
basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the
Director may appoint such personnel as the Director considers
appropriate.
(c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the
Commission, the Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(e) Staff of Federal Agencies.--Upon the request of the
Commission, the head of any Federal agency may detail, on a
reimbursable basis, any of the personnel of such agency to
the Commission to assist in carrying out the duties of the
Commission under this chapter.
(f) Other Resources.--The Commission shall have reasonable
access to materials, resources, statistical data, and other
information from the Library of Congress and agencies and
elected representatives of the executive and legislative
branches of the Federal Government. The Chairperson of the
Commission shall make requests for such access in writing
when necessary.
(g) Physical Facilities.--The Administrator of the General
Services Administration shall locate suitable office space
for the operation of the Commission. The facilities shall
serve as the headquarters of the Commission and shall include
all necessary equipment and incidentals required for proper
functioning of the Commission.
SEC. 4245. POWERS OF COMMISSION.
(a) Hearings.--The Commission may conduct public hearings
or forums at the discretion of the Commission, at any time
and place the Commission is able to secure facilities and
witnesses, for the purpose of carrying out the duties of the
Commission under this chapter.
(b) Delegation of Authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action the Commission is authorized to take by this section.
(c) Information.--The Commission may secure directly from
any Federal agency information necessary to enable the
Commission to carry out its duties under this chapter. Upon
request of the Chairperson or Vice Chairperson of the
Commission, the head of a Federal agency shall furnish the
information to the Commission to the extent permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of
other property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
Federal agencies.
SEC. 4246. REPORTS.
(a) Interim Report.--Not later than 1 year prior to the
date on which the Commission terminates pursuant to section
4247, the Commission shall submit an interim report to the
President and to the Congress. The interim report shall
contain a detailed statement of the findings and conclusions
of the Commission, together with the Commission's
recommendations for legislative and administrative action,
based on the activities of the Commission.
(b) Final Report.--Not later than the date on which the
Commission terminates, the Commission shall submit to the
Congress and to the President a final report containing--
[[Page 1635]]
(1) a detailed statement of final findings, conclusions,
and recommendations; and
(2) an assessment of the extent to which recommendations of
the Commission included in the interim report under
subsection (a) have been implemented.
(c) Printing and Public Distribution.--Upon receipt of each
report of the Commission under this section, the President
shall--
(1) order the report to be printed; and
(2) make the report available to the public upon request.
SEC. 4247. TERMINATION.
The Commission shall terminate on the date that is 2 years
after the date on which the members of the Commission have
met and designated a Chairperson and Vice Chairperson.
SEC. 4248. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out the purposes of the Commission.
Subtitle C--Child Support
SEC. 4300. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
subtitle an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
CHAPTER 1--ELIGIBILITY FOR SERVICES; DISTRIBUTION OF PAYMENTS
SEC. 4301. STATE OBLIGATION TO PROVIDE CHILD SUPPORT
ENFORCEMENT SERVICES.
(a) State Plan Requirements.--Section 454 (42 U.S.C. 654)
is amended--
(1) by striking paragraph (4) and inserting the following
new paragraph:
``(4) provide that the State will--
``(A) provide services relating to the establishment of
paternity or the establishment, modification, or enforcement
of child support obligations, as appropriate, under the plan
with respect to--
``(i) each child for whom (I) assistance is provided under
the State program funded under part A of this title, (II)
benefits or services for foster care maintenance are provided
under the State program funded under part E of this title, or
(III) medical assistance is provided under the State plan
under title XIX, unless, in accordance with paragraph (29),
good cause or other exceptions exist;
``(ii) any other child, if an individual applies for such
services with respect to the child; and
``(B) enforce any support obligation established with
respect to--
``(i) a child with respect to whom the State provides
services under the plan; or
``(ii) the custodial parent of such a child;''; and
(2) in paragraph (6)--
(A) by striking ``provide that'' and inserting ``provide
that--'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) services under the plan shall be made available to
residents of other States on the same terms as to residents
of the State submitting the plan;'';
(C) in subparagraph (B), by inserting ``on individuals not
receiving assistance under any State program funded under
part A'' after ``such services shall be imposed'';
(D) in each of subparagraphs (B), (C), (D), and (E)--
(i) by indenting the subparagraph in the same manner as,
and aligning the left margin of the subparagraph with the
left margin of, the matter inserted by subparagraph (B) of
this paragraph; and
(ii) by striking the final comma and inserting a semicolon;
and
(E) in subparagraph (E), by indenting each of clauses (i)
and (ii) 2 additional ems.
(b) Continuation of Services for Families Ceasing To
Receive Assistance Under the State Program Funded Under Part
A.--Section 454 (42 U.S.C. 654) is amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding after paragraph (24) the following new
paragraph:
``(25) provide that if a family with respect to which
services are provided under the plan ceases to receive
assistance under the State program funded under part A, the
State shall provide appropriate notice to the family and
continue to provide such services, subject to the same
conditions and on the same basis as in the case of other
individuals to whom services are furnished under the plan,
except that an application or other request to continue
services shall not be required of such a family and paragraph
(6)(B) shall not apply to the family.''.
(c) Conforming Amendments.--
(1) Section 452(b) (42 U.S.C. 652(b)) is amended by
striking ``454(6)'' and inserting ``454(4)''.
(2) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended by striking ``454(6)'' each place it appears and
inserting ``454(4)(A)(ii)''.
(3) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``in the case of overdue support which a
State has agreed to collect under section 454(6)'' and
inserting ``in any other case''.
(4) Section 466(e) (42 U.S.C. 666(e)) is amended by
striking ``paragraph (4) or (6) of section 454'' and
inserting ``section 454(4)''.
SEC. 4302. DISTRIBUTION OF CHILD SUPPORT COLLECTIONS.
(a) In General.--Section 457 (42 U.S.C. 657) is amended to
read as follows:
``SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
``(a) In General.--Subject to subsection (e), an amount
collected on behalf of a family as support by a State
pursuant to a plan approved under this part shall be
distributed as follows:
``(1) Families receiving assistance.--In the case of a
family receiving assistance from the State, the State shall--
``(A) pay to the Federal Government the Federal share of
the amount so collected; and
``(B) retain, or distribute to the family, the State share
of the amount so collected.
``(2) Families that formerly received assistance.--In the
case of a family that formerly received assistance from the
State:
``(A) Current support payments.--To the extent that the
amount so collected does not exceed the amount required to be
paid to the family for the month in which collected, the
State shall distribute the amount so collected to the family.
``(B) Payments of arrearages.--To the extent that the
amount so collected exceeds the amount required to be paid to
the family for the month in which collected, the State shall
distribute the amount so collected as follows:
``(i) Distribution of arrearages that accrued after the
family ceased to receive assistance.--
``(I) Pre-october 1997.--Except as provided in subclause
(II), the provisions of this section (other than subsection
(b)(1)) as in effect and applied on the day before the date
of the enactment of section 4302 of the Personal
Responsibility and Work Opportunity Act of 1996 shall apply
with respect to the distribution of support arrearages that--
``(aa) accrued after the family ceased to receive
assistance, and
``(bb) are collected before October 1, 1997.
``(II) Post-september 1997.--With respect to the amount so
collected on or after October 1, 1997 (or before such date,
at the option of the State)--
``(aa) In general.--The State shall first distribute the
amount so collected (other than any amount described in
clause (iv)) to the family to the extent necessary to satisfy
any support arrearages with respect to the family that
accrued after the family ceased to receive assistance from
the State.
``(bb) Reimbursement of governments for assistance provided
to the family.--After the application of division (aa) and
clause (ii)(II)(aa) with respect to the amount so collected,
the State shall retain the State share of the amount so
collected, and pay to the Federal Government the Federal
share (as defined in subsection (c)(2)) of the amount so
collected, but only to the extent necessary to reimburse
amounts paid to the family as assistance by the State.
``(cc) Distribution of the remainder to the family.--To the
extent that neither division (aa) nor division (bb) applies
to the amount so collected, the State shall distribute the
amount to the family.
``(ii) Distribution of arrearages that accrued before the
family received assistance.--
``(I) Pre-october 2000.--Except as provided in subclause
(II), the provisions of this section (other than subsection
(b)(1)) as in effect and applied on the day before the date
of the enactment of section 4302 of the Personal
Responsibility and Work Opportunity Act of 1996 shall apply
with respect to the distribution of support arrearages that--
``(aa) accrued before the family received assistance, and
``(bb) are collected before October 1, 2000.
``(II) Post-september 2000.--Unless, based on the report
required by paragraph (4), the Congress determines otherwise,
with respect to the amount so collected on or after October
1, 2000 (or before such date, at the option of the State)--
``(aa) In general.--The State shall first distribute the
amount so collected (other than any amount described in
clause (iv)) to the family to the extent necessary to satisfy
any support arrearages with respect to the family that
accrued before the family received assistance from the State.
``(bb) Reimbursement of governments for assistance provided
to the family.--After the application of clause (i)(II)(aa)
and division (aa) with respect to the amount so collected,
the State shall retain the State share of the amount so
collected, and pay to the Federal Government the Federal
share (as defined in subsection (c)(2)) of the amount so
collected, but only to the extent necessary to reimburse
amounts paid to the family as assistance by the State.
``(cc) Distribution of the remainder to the family.--To the
extent that neither division (aa) nor division (bb) applies
to the amount so collected, the State shall distribute the
amount to the family.
``(iii) Distribution of arrearages that accrued while the
family received assistance.--In the case of a family
described in this subparagraph, the provisions of paragraph
(1) shall apply with respect to the distribution of support
arrearages that accrued while the family received assistance.
``(iv) Amounts collected pursuant to section 464.--
Notwithstanding any other provision of this section, any
amount of support collected pursuant to section 464 shall be
retained by the State to the extent past-due support has been
assigned to the State as a condition of receiving assistance
from the State, up to the amount necessary to reimburse the
State for amounts paid to the family as assistance by the
State. The State shall pay to the Federal Government the
[[Page 1636]]
Federal share of the amounts so retained. To the extent the
amount collected pursuant to section 464 exceeds the amount
so retained, the State shall distribute the excess to the
family.
``(v) Ordering rules for distributions.--For purposes of
this subparagraph, unless an earlier effective date is
required by this section, effective October 1, 2000, the
State shall treat any support arrearages collected, except
for amounts collected pursuant to section 464, as accruing in
the following order:
``(I) To the period after the family ceased to receive
assistance.
``(II) To the period before the family received assistance.
``(III) To the period while the family was receiving
assistance.
``(3) Families that never received assistance.--In the case
of any other family, the State shall distribute the amount so
collected to the family.
``(4) Study and report.--Not later than October 1, 1998,
the Secretary shall report to the Congress the Secretary's
findings with respect to--
``(A) whether the distribution of post-assistance
arrearages to families has been effective in moving people
off of welfare and keeping them off of welfare;
``(B) whether early implementation of a pre-assistance
arrearage program by some States has been effective in moving
people off of welfare and keeping them off of welfare;
``(C) what the overall impact has been of the amendments
made by the Personal Responsibility and Work Opportunity Act
of 1996 with respect to child support enforcement in moving
people off of welfare and keeping them off of welfare; and
``(D) based on the information and data the Secretary has
obtained, what changes, if any, should be made in the
policies related to the distribution of child support
arrearages.
``(b) Continuation Of Assignments.--Any rights to support
obligations, which were assigned to a State as a condition of
receiving assistance from the State under part A and which
were in effect on the day before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of 1996,
shall remain assigned after such date.
``(c) Definitions.--As used in subsection (a):
``(1) Assistance.--The term `assistance from the State'
means--
``(A) assistance under the State program funded under part
A or under the State plan approved under part A of this title
(as in effect on the day before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of
1996); and
``(B) foster care maintenance payments under the State plan
approved under part E of this title.
``(2) Federal share.--The term `Federal share' means that
portion of the amount collected resulting from the
application of the Federal medical assistance percentage in
effect for the fiscal year in which the amount is collected.
``(3) Federal medical assistance percentage.--The term
`Federal medical assistance percentage' means--
``(A) the Federal medical assistance percentage (as defined
in section 1118), in the case of Puerto Rico, the Virgin
Islands, Guam, and American Samoa; or
``(B) the Federal medical assistance percentage (as defined
in section 1905(b), as in effect on September 30, 1996) in
the case of any other State.
``(4) State share.--The term `State share' means 100
percent minus the Federal share.
``(d) Hold Harmless Provision.--If the amounts collected
which could be retained by the State in the fiscal year (to
the extent necessary to reimburse the State for amounts paid
to families as assistance by the State) are less than the
State share of the amounts collected in fiscal year 1995
(determined in accordance with section 457 as in effect on
the day before the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996), the State
share for the fiscal year shall be an amount equal to the
State share in fiscal year 1995.
``(e) Gap Payments not Subject to Distribution Under This
Section.--At State option, this section shall not apply to
any amount collected on behalf of a family as support by the
State (and paid to the family in addition to the amount of
assistance otherwise payable to the family) pursuant to a
plan approved under this part if such amount would have been
paid to the family by the State under section 402(a)(28), as
in effect and applied on the day before the date of the
enactment of section 4302 of the Personal Responsibility and
Work Opportunity Act of 1996. For purposes of subsection (d),
the State share of such amount paid to the family shall be
considered amounts which could be retained by the State if
such payments were reported by the State as part of the State
share of amounts collected in fiscal year 1995.''.
(b) Conforming Amendments.--
(1) Section 464(a)(1) (42 U.S.C. 664(a)(1)) is amended by
striking ``section 457(b)(4) or (d)(3)'' and inserting
``section 457''.
(2) Section 454 (42 U.S.C. 654) is amended--
(A) in paragraph (11)--
(i) by striking ``(11)'' and inserting ``(11)(A)''; and
(ii) by inserting after the semicolon ``and''; and
(B) by redesignating paragraph (12) as subparagraph (B) of
paragraph (11).
(c) Effective Dates.--
(1) In General.--Except as provided in paragraph (2), the
amendments made by this section shall be effective on October
1, 1996, or earlier at the State's option.
(2) Conforming amendments.--The amendments made by
subsection (b)(2) shall become effective on the date of the
enactment of this Act.
SEC. 4303. PRIVACY SAFEGUARDS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by section 4301(b) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding after paragraph (25) the following new
paragraph:
``(26) will have in effect safeguards, applicable to all
confidential information handled by the State agency, that
are designed to protect the privacy rights of the parties,
including--
``(A) safeguards against unauthorized use or disclosure of
information relating to proceedings or actions to establish
paternity, or to establish or enforce support;
``(B) prohibitions against the release of information on
the whereabouts of 1 party to another party against whom a
protective order with respect to the former party has been
entered; and
``(C) prohibitions against the release of information on
the whereabouts of 1 party to another party if the State has
reason to believe that the release of the information may
result in physical or emotional harm to the former party.''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on October 1, 1997.
SEC. 4304. RIGHTS TO NOTIFICATION OF HEARINGS.
(a) In General.--Section 454 (42 U.S.C. 654), as amended by
section 4302(b)(2) of this Act, is amended by inserting after
paragraph (11) the following new paragraph:
``(12) provide for the establishment of procedures to
require the State to provide individuals who are applying for
or receiving services under the State plan, or who are
parties to cases in which services are being provided under
the State plan--
``(A) with notice of all proceedings in which support
obligations might be established or modified; and
``(B) with a copy of any order establishing or modifying a
child support obligation, or (in the case of a petition for
modification) a notice of determination that there should be
no change in the amount of the child support award, within 14
days after issuance of such order or determination;''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on October 1, 1997.
CHAPTER 2--LOCATE AND CASE TRACKING
SEC. 4311. STATE CASE REGISTRY.
Section 454A, as added by section 4344(a)(2) of this Act,
is amended by adding at the end the following new
subsections:
``(e) State Case Registry.--
``(1) Contents.--The automated system required by this
section shall include a registry (which shall be known as the
`State case registry') that contains records with respect
to--
``(A) each case in which services are being provided by the
State agency under the State plan approved under this part;
and
``(B) each support order established or modified in the
State on or after October 1, 1998.
``(2) Linking of local registries.--The State case registry
may be established by linking local case registries of
support orders through an automated information network,
subject to this section.
``(3) Use of standardized data elements.--Such records
shall use standardized data elements for both parents (such
as names, social security numbers and other uniform
identification numbers, dates of birth, and case
identification numbers), and contain such other information
(such as on case status) as the Secretary may require.
``(4) Payment records.--Each case record in the State case
registry with respect to which services are being provided
under the State plan approved under this part and with
respect to which a support order has been established shall
include a record of--
``(A) the amount of monthly (or other periodic) support
owed under the order, and other amounts (including
arrearages, interest or late payment penalties, and fees) due
or overdue under the order;
``(B) any amount described in subparagraph (A) that has
been collected;
``(C) the distribution of such collected amounts;
``(D) the birth date of any child for whom the order
requires the provision of support; and
``(E) the amount of any lien imposed with respect to the
order pursuant to section 466(a)(4).
``(5) Updating and monitoring.--The State agency operating
the automated system required by this section shall promptly
establish and update, maintain, and regularly monitor, case
records in the State case registry with respect to which
services are being provided under the State plan approved
under this part, on the basis of--
``(A) information on administrative actions and
administrative and judicial proceedings and orders relating
to paternity and support;
``(B) information obtained from comparison with Federal,
State, or local sources of information;
``(C) information on support collections and distributions;
and
[[Page 1637]]
``(D) any other relevant information.
``(f) Information Comparisons and Other Disclosures of
Information.--The State shall use the automated system
required by this section to extract information from (at such
times, and in such standardized format or formats, as may be
required by the Secretary), to share and compare information
with, and to receive information from, other data bases and
information comparison services, in order to obtain (or
provide) information necessary to enable the State agency (or
the Secretary or other State or Federal agencies) to carry
out this part, subject to section 6103 of the Internal
Revenue Code of 1986. Such information comparison activities
shall include the following:
``(1) Federal case registry of child support orders.--
Furnishing to the Federal Case Registry of Child Support
Orders established under section 453(h) (and update as
necessary, with information including notice of expiration of
orders) the minimum amount of information on child support
cases recorded in the State case registry that is necessary
to operate the registry (as specified by the Secretary in
regulations).
``(2) Federal parent locator service.--Exchanging
information with the Federal Parent Locator Service for the
purposes specified in section 453.
``(3) Temporary family assistance and medicaid agencies.--
Exchanging information with State agencies (of the State and
of other States) administering programs funded under part A,
programs operated under a State plan approved under title
XIX, and other programs designated by the Secretary, as
necessary to perform State agency responsibilities under this
part and under such programs.
``(4) Intrastate and interstate information comparisons.--
Exchanging information with other agencies of the State,
agencies of other States, and interstate information
networks, as necessary and appropriate to carry out (or
assist other States to carry out) the purposes of this
part.''.
SEC. 4312. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 4301(b) and 4303(a) of this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting ``; and''; and
(3) by adding after paragraph (26) the following new
paragraph:
``(27) provide that, on and after October 1, 1998, the
State agency will--
``(A) operate a State disbursement unit in accordance with
section 454B; and
``(B) have sufficient State staff (consisting of State
employees) and (at State option) contractors reporting
directly to the State agency to--
``(i) monitor and enforce support collections through the
unit in cases being enforced by the State pursuant to section
454(4) (including carrying out the automated data processing
responsibilities described in section 454A(g)); and
``(ii) take the actions described in section 466(c)(1) in
appropriate cases.''.
(b) Establishment of State Disbursement Unit.--Part D of
title IV (42 U.S.C. 651-669), as amended by section
4344(a)(2) of this Act, is amended by inserting after section
454A the following new section:
``SEC. 454B. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
``(a) State Disbursement Unit.--
``(1) In general.--In order for a State to meet the
requirements of this section, the State agency must establish
and operate a unit (which shall be known as the `State
disbursement unit') for the collection and disbursement of
payments under support orders--
``(A) in all cases being enforced by the State pursuant to
section 454(4); and
``(B) in all cases not being enforced by the State under
this part in which the support order is initially issued in
the State on or after January 1, 1994, and in which the
income of the noncustodial parent are subject to withholding
pursuant to section 466(a)(8)(B).
``(2) Operation.--The State disbursement unit shall be
operated--
``(A) directly by the State agency (or 2 or more State
agencies under a regional cooperative agreement), or (to the
extent appropriate) by a contractor responsible directly to
the State agency; and
``(B) except in cases described in paragraph (1)(B), in
coordination with the automated system established by the
State pursuant to section 454A.
``(3) Linking of local disbursement units.--The State
disbursement unit may be established by linking local
disbursement units through an automated information network,
subject to this section, if the Secretary agrees that the
system will not cost more nor take more time to establish or
operate than a centralized system. In addition, employers
shall be given 1 location to which income withholding is
sent.
``(b) Required Procedures.--The State disbursement unit
shall use automated procedures, electronic processes, and
computer-driven technology to the maximum extent feasible,
efficient, and economical, for the collection and
disbursement of support payments, including procedures--
``(1) for receipt of payments from parents, employers, and
other States, and for disbursements to custodial parents and
other obligees, the State agency, and the agencies of other
States;
``(2) for accurate identification of payments;
``(3) to ensure prompt disbursement of the custodial
parent's share of any payment; and
``(4) to furnish to any parent, upon request, timely
information on the current status of support payments under
an order requiring payments to be made by or to the parent,
except that, with respect to a case described in subsection
(a)(1)(B), the State disbursement unit shall not be required
to maintain records of payments which, after the effective
date of this section, are made to, and distributed by, the
unit.
``(c) Timing of Disbursements.--
``(1) In general.--Except as provided in paragraph (2), the
State disbursement unit shall distribute all amounts payable
under section 457(a) within 2 business days after receipt
from the employer or other source of periodic income, if
sufficient information identifying the payee is provided.
``(2) Permissive retention of arrearages.--The State
disbursement unit may delay the distribution of collections
toward arrearages until the resolution of any timely appeal
with respect to such arrearages.
``(d) Business Day Defined.--As used in this section, the
term `business day' means a day on which State offices are
open for regular business.''.
(c) Use of Automated System.--Section 454A, as added by
section 4344(a)(2) and as amended by section 4311 of this
Act, is amended by adding at the end the following new
subsection:
``(g) Collection and Distribution of Support Payments.--
``(1) In general.--The State shall use the automated system
required by this section, to the maximum extent feasible, to
assist and facilitate the collection and disbursement of
support payments through the State disbursement unit operated
under section 454B, through the performance of functions,
including, at a minimum--
``(A) transmission of orders and notices to employers (and
other debtors) for the withholding of income--
``(i) within 2 business days after receipt of notice of,
and the income source subject to, such withholding from a
court, another State, an employer, the Federal Parent Locator
Service, or another source recognized by the State; and
``(ii) using uniform formats prescribed by the Secretary;
``(B) ongoing monitoring to promptly identify failures to
make timely payment of support; and
``(C) automatic use of enforcement procedures (including
procedures authorized pursuant to section 466(c)) if payments
are not timely made.
``(2) Business day defined.--As used in paragraph (1), the
term `business day' means a day on which State offices are
open for regular business.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall become effective on
October 1, 1998.
(2) Limited exception to unit handling payments.--
Notwithstanding section 454B(b)(1) of the Social Security
Act, as added by this section, any State which, as of the
date of the enactment of this Act, processes the receipt of
child support payments through local courts may, at the
option of the State, continue to process through September
30, 1999, such payments through such courts as processed such
payments on or before such date of enactment.
(e) Sense of the Congress.--It is the sense of the Congress
that, in determining whether to comply with section 454B of
the Social Security Act by establishing a single, centralized
unit for the collection and disbursement of support payments
or by linking together through automation local units for the
collection and disbursement of support payments, a
State should choose the method of compliance which best
meets the needs of parents, employers, and children.
SEC. 4313. STATE DIRECTORY OF NEW HIRES.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 4301(b), 4303(a) and 4312(a) of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding after paragraph (27) the following new
paragraph:
``(28) provide that, on and after October 1, 1997, the
State will operate a State Directory of New Hires in
accordance with section 453A.''.
(b) State Directory of New Hires.--Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 453 the
following new section:
``SEC. 453A. STATE DIRECTORY OF NEW HIRES.
``(a) Establishment.--
``(1) In general.--
``(A) Requirement for States that have no directory.--
Except as provided in subparagraph (B), not later than
October 1, 1997, each State shall establish an automated
directory (to be known as the `State Directory of New Hires')
which shall contain information supplied in accordance with
subsection (b) by employers on each newly hired employee.
``(B) States with new hire reporting in existence.--A State
which has a new hire reporting law in existence on the date
of the enactment of this section may continue to operate
under the State law, but the State must meet the requirements
of subsection
[[Page 1638]]
(g)(2) not later than October 1, 1997, and the requirements
of this section (other than subsection (g)(2)) not later than
October 1, 1998.
``(2) Definitions.--As used in this section:
``(A) Employee.--The term `employee'--
``(i) means an individual who is an employee within the
meaning of chapter 24 of the Internal Revenue Code of 1986;
and
``(ii) does not include an employee of a Federal or State
agency performing intelligence or counterintelligence
functions, if the head of such agency has determined that
reporting pursuant to paragraph (1) with respect to the
employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
``(B) Employer.--
``(i) In general.--The term `employer' has the meaning
given such term in section 3401(d) of the Internal Revenue
Code of 1986 and includes any governmental entity and any
labor organization.
``(ii) Labor organization.--The term `labor organization'
shall have the meaning given such term in section 2(5) of the
National Labor Relations Act, and includes any entity (also
known as a `hiring hall') which is used by the organization
and an employer to carry out requirements described in
section 8(f)(3) of such Act of an agreement between the
organization and the employer.
``(b) Employer Information.--
``(1) Reporting requirement.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), each employer shall furnish to the Directory of New
Hires of the State in which a newly hired employee works, a
report that contains the name, address, and social security
number of the employee, and the name and address of, and
identifying number assigned under section 6109 of the
Internal Revenue Code of 1986 to, the employer.
``(B) Multistate employers.--An employer that has employees
who are employed in 2 or more States and that transmits
reports magnetically or electronically may comply with
subparagraph (A) by designating 1 State in which such
employer has employees to which the employer will transmit
the report described in subparagraph (A), and transmitting
such report to such State. Any employer that transmits
reports pursuant to this subparagraph shall notify the
Secretary in writing as to which State such employer
designates for the purpose of sending reports.
``(C) Federal government employers.--Any department,
agency, or instrumentality of the United States shall comply
with subparagraph (A) by transmitting the report described in
subparagraph (A) to the National Directory of New Hires
established pursuant to section 453.
``(2) Timing of report.--Each State may provide the time
within which the report required by paragraph (1) shall be
made with respect to an employee, but such report shall be
made--
``(A) not later than 20 days after the date the employer
hires the employee; or
``(B) in the case of an employer transmitting reports
magnetically or electronically, by 2 monthly transmissions
(if necessary) not less than 12 days nor more than 16 days
apart.
``(c) Reporting Format and Method.--Each report required by
subsection (b) shall be made on a W-4 form or, at the option
of the employer, an equivalent form, and may be transmitted
by 1st class mail, magnetically, or electronically.
``(d) Civil Money Penalties on Noncomplying Employers.--The
State shall have the option to set a State civil money
penalty which shall be less than--
``(1) $25; or
``(2) $500 if, under State law, the failure is the result
of a conspiracy between the employer and the employee to not
supply the required report or to supply a false or incomplete
report.
``(e) Entry of Employer Information.--Information shall be
entered into the data base maintained by the State Directory
of New Hires within 5 business days of receipt from an
employer pursuant to subsection (b).
``(f) Information Comparisons.--
``(1) In general.--Not later than May 1, 1998, an agency
designated by the State shall, directly or by contract,
conduct automated comparisons of the social security numbers
reported by employers pursuant to subsection (b) and the
social security numbers appearing in the records of the State
case registry for cases being enforced under the State plan.
``(2) Notice of match.--When an information comparison
conducted under paragraph (1) reveals a match with respect to
the social security number of an individual required to
provide support under a support order, the State Directory of
New Hires shall provide the agency administering the State
plan approved under this part of the appropriate State with
the name, address, and social security number of the employee
to whom the social security number is assigned, and the name
and address of, and identifying number assigned under section
6109 of the Internal Revenue Code of 1986 to, the employer.
``(g) Transmission of Information.--
``(1) Transmission of wage withholding notices to
employers.--Within 2 business days after the date information
regarding a newly hired employee is entered into the State
Directory of New Hires, the State agency enforcing the
employee's child support obligation shall transmit a notice
to the employer of the employee directing the employer to
withhold from the income of the employee an amount equal to
the monthly (or other periodic) child support obligation
(including any past due support obligation) of the employee,
unless the employee's income is not subject to withholding
pursuant to section 466(b)(3).
``(2) Transmissions to the national directory of new
hires.--
``(A) New hire information.--Within 3 business days after
the date information regarding a newly hired employee is
entered into the State Directory of New Hires, the State
Directory of New Hires shall furnish the information to the
National Directory of New Hires.
``(B) Wage and unemployment compensation information.--The
State Directory of New Hires shall, on a quarterly basis,
furnish to the National Directory of New Hires extracts of
the reports required under section 303(a)(6) to be made to
the Secretary of Labor concerning the wages and unemployment
compensation paid to individuals, by such dates, in such
format, and containing such information as the Secretary of
Health and Human Services shall specify in regulations.
``(3) Business day defined.--As used in this subsection,
the term `business day' means a day on which State offices
are open for regular business.
``(h) Other Uses of New Hire Information.--
``(1) Location of child support obligors.--The agency
administering the State plan approved under this part shall
use information received pursuant to subsection (f)(2) to
locate individuals for purposes of establishing paternity and
establishing, modifying, and enforcing child support
obligations, and may disclose such information to any agent
of the agency that is under contract with the agency to carry
out such purposes.
``(2) Verification of eligibility for certain programs.--A
State agency responsible for administering a program
specified in section 1137(b) shall have access to information
reported by employers pursuant to subsection (b) of this
section for purposes of verifying eligibility for the
program.
``(3) Administration of employment security and workers'
compensation.--State agencies operating employment security
and workers' compensation programs shall have access to
information reported by employers pursuant to subsection (b)
for the purposes of administering such programs.''.
(c) Quarterly Wage Reporting.--Section 1137(a)(3) (42
U.S.C. 1320b-7(a)(3)) is amended--
(1) by inserting ``(including State and local governmental
entities and labor organizations (as defined in section
453A(a)(2)(B)(iii))'' after ``employers''; and
(2) by inserting ``, and except that no report shall be
filed with respect to an employee of a State or local agency
performing intelligence or counterintelligence functions, if
the head of such agency has determined that filing such a
report could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission''
after ``paragraph (2)''.
(d) Disclosure to Certain Agents.--Section 303(e) (42
U.S.C. 503(e)) is amended by adding at the end the following:
``(5) A State or local child support enforcement agency may
disclose to any agent of the agency that is under contract
with the agency to carry out the purposes described in
paragraph (1)(B) wage information that is disclosed to an
officer or employee of the agency under paragraph (1)(A). Any
agent of a State or local child support agency that receives
wage information under this paragraph shall comply with the
safeguards established pursuant to paragraph (1)(B).''.
SEC. 4314. AMENDMENTS CONCERNING INCOME WITHHOLDING.
(a) Mandatory Income Withholding.--
(1) In general.--Section 466(a)(1) (42 U.S.C. 666(a)(1)) is
amended to read as follows:
``(1)(A) Procedures described in subsection (b) for the
withholding from income of amounts payable as support in
cases subject to enforcement under the State plan.
``(B) Procedures under which the income of a person with a
support obligation imposed by a support order issued (or
modified) in the State before October 1, 1996, if not
otherwise subject to withholding under subsection (b),
shall become subject to withholding as provided in
subsection (b) if arrearages occur, without the need for a
judicial or administrative hearing.''.
(2) Conforming amendments.--
(A) Section 466(b) (42 U.S.C. 666(b)) is amended in the
matter preceding paragraph (1), by striking ``subsection
(a)(1)'' and inserting ``subsection (a)(1)(A)''.
(B) Section 466(b)(4) (42 U.S.C. 666(b)(4)) is amended to
read as follows:
``(4)(A) Such withholding must be carried out in full
compliance with all procedural due process requirements of
the State, and the State must send notice to each
noncustodial parent to whom paragraph (1) applies--
``(i) that the withholding has commenced; and
``(ii) of the procedures to follow if the noncustodial
parent desires to contest such withholding on the grounds
that the withholding or the amount withheld is improper due
to a mistake of fact.
``(B) The notice under subparagraph (A) of this paragraph
shall include the information provided to the employer under
paragraph (6)(A).''.
(C) Section 466(b)(5) (42 U.S.C. 666(b)(5)) is amended by
striking all that follows ``administered by'' and inserting
``the State through the State disbursement unit established
pursuant to section 454B, in accordance with the requirements
of section 454B.''.
[[Page 1639]]
(D) Section 466(b)(6)(A) (42 U.S.C. 666(b)(6)(A)) is
amended--
(i) in clause (i), by striking ``to the appropriate
agency'' and all that follows and inserting ``to the State
disbursement unit within 5 business days after the date the
amount would (but for this subsection) have been paid or
credited to the employee, for distribution in accordance with
this part. The employer shall withhold funds as directed in
the notice. For terms and conditions for withholding income
that are not specified in a notice issued by another State,
the employer shall apply the law of the State in which the
obligor works. An employer who complies with an income
withholding notice that is regular on its face shall not be
subject to civil liability to any individual or agency for
conduct in compliance with the notice.''.
(ii) in clause (ii), by inserting ``be in a standard format
prescribed by the Secretary, and'' after ``shall''; and
(iii) by adding at the end the following new clause:
``(iii) As used in this subparagraph, the term `business
day' means a day on which State offices are open for regular
business.''.
(E) Section 466(b)(6)(D) (42 U.S.C. 666(b)(6)(D)) is
amended by striking ``any employer'' and all that follows and
inserting ``any employer who--
``(i) discharges from employment, refuses to employ, or
takes disciplinary action against any noncustodial parent
subject to income withholding required by this subsection
because of the existence of such withholding and the
obligations or additional obligations which it imposes upon
the employer; or
``(ii) fails to withhold support from income or to pay such
amounts to the State disbursement unit in accordance with
this subsection.''.
(F) Section 466(b) (42 U.S.C. 666(b)) is amended by adding
at the end the following new paragraph:
``(11) Procedures under which the agency administering the
State plan approved under this part may execute a withholding
order without advance notice to the obligor, including
issuing the withholding order through electronic means.''.
(b) Definition of Income.--
(1) In general.--Section 466(b)(8) (42 U.S.C. 666(b)(8)) is
amended to read as follows:
``(8) For purposes of subsection (a) and this subsection,
the term `income' means any periodic form of payment due to
an individual, regardless of source, including wages,
salaries, commissions, bonuses, worker's compensation,
disability, payments pursuant to a pension or retirement
program, and interest.''.
(2) Conforming amendments.--
(A) Subsections (a)(8)(A), (a)(8)(B)(i), (b)(3)(A),
(b)(3)(B), (b)(6)(A)(i), and (b)(6)(C), and (b)(7) of section
466 (42 U.S.C. 666(a)(8)(A), (a)(8)(B)(i), (b)(3)(A),
(b)(3)(B), (b)(6)(A)(i), and (b)(6)(C), and (b)(7)) are each
amended by striking ``wages'' each place such term appears
and inserting ``income''.
(B) Section 466(b)(1) (42 U.S.C. 666(b)(1)) is amended by
striking ``wages (as defined by the State for purposes of
this section)'' and inserting ``income''.
(c) Conforming Amendment.--Section 466(c) (42 U.S.C.
666(c)) is repealed.
SEC. 4315. LOCATOR INFORMATION FROM INTERSTATE NETWORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by inserting
after paragraph (11) the following new paragraph:
``(12) Locator information from interstate networks.--
Procedures to ensure that all Federal and State agencies
conducting activities under this part have access to any
system used by the State to locate an individual for purposes
relating to motor vehicles or law enforcement.''.
SEC. 4316. EXPANSION OF THE FEDERAL PARENT LOCATOR SERVICE.
(a) Expanded Authority To Locate Individuals and Assets.--
Section 453 (42 U.S.C. 653) is amended--
(1) in subsection (a), by striking all that follows
``subsection (c))'' and inserting ``, for the purpose of
establishing parentage, establishing, setting the amount of,
modifying, or enforcing child support obligations, or
enforcing child custody or visitation orders--
``(1) information on, or facilitating the discovery of, the
location of any individual--
``(A) who is under an obligation to pay child support or
provide child custody or visitation rights;
``(B) against whom such an obligation is sought;
``(C) to whom such an obligation is owed,
including the individual's social security number (or
numbers), most recent address, and the name, address, and
employer identification number of the individual's employer;
``(2) information on the individual's wages (or other
income) from, and benefits of, employment (including rights
to or enrollment in group health care coverage); and
``(3) information on the type, status, location, and amount
of any assets of, or debts owed by or to, any such
individual.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``social security'' and all that follows through ``absent
parent'' and inserting ``information described in subsection
(a)''; and
(B) in the flush paragraph at the end, by adding the
following: ``No information shall be disclosed to any person
if the State has notified the Secretary that the State has
reasonable evidence of domestic violence or child abuse and
the disclosure of such information could be harmful to the
custodial parent or the child of such parent. Information
received or transmitted pursuant to this section shall be
subject to the safeguard provisions contained in section
454(26).''.
(b) Authorized Person for Information Regarding Visitation
Rights.--Section 453(c) (42 U.S.C. 653(c)) is amended--
(1) in paragraph (1), by striking ``support'' and inserting
``support or to seek to enforce orders providing child
custody or visitation rights''; and
(2) in paragraph (2), by striking ``, or any agent of such
court; and'' and inserting ``or to issue an order against a
resident parent for child custody or visitation rights, or
any agent of such court;''.
(c) Reimbursement for Information From Federal Agencies.--
Section 453(e)(2) (42 U.S.C. 653(e)(2)) is amended in the 4th
sentence by inserting ``in an amount which the Secretary
determines to be reasonable payment for the information
exchange (which amount shall not include payment for the
costs of obtaining, compiling, or maintaining the
information)'' before the period.
(d) Reimbursement for Reports by State Agencies.--Section
453 (42 U.S.C. 653) is amended by adding at the end the
following new subsection:
``(g) Reimbursement for Reports by State Agencies.--The
Secretary may reimburse Federal and State agencies for the
costs incurred by such entities in furnishing information
requested by the Secretary under this section in an amount
which the Secretary determines to be reasonable payment for
the information exchange (which amount shall not include
payment for the costs of obtaining, compiling, or maintaining
the information).''.
(e) Conforming Amendments.--
(1) Sections 452(a)(9), 453(a), 453(b), 463(a), 463(e), and
463(f) (42 U.S.C. 652(a)(9), 653(a), 653(b), 663(a), 663(e),
and 663(f)) are each amended by inserting ``Federal'' before
``Parent'' each place such term appears.
(2) Section 453 (42 U.S.C. 653) is amended in the heading
by adding ``federal'' before ``parent''.
(f) New Components.--Section 453 (42 U.S.C. 653), as
amended by subsection (d) of this section, is amended by
adding at the end the following new subsections:
``(h) Federal Case Registry of Child Support Orders.--
``(1) In general.--Not later than October 1, 1998, in order
to assist States in administering programs under State plans
approved under this part and programs funded under part A,
and for the other purposes specified in this section, the
Secretary shall establish and maintain in the Federal Parent
Locator Service an automated registry (which shall be known
as the `Federal Case Registry of Child Support Orders'),
which shall contain abstracts of support orders and other
information described in paragraph (2) with respect to each
case in each State case registry maintained pursuant to
section 454A(e), as furnished (and regularly updated),
pursuant to section 454A(f), by State agencies administering
programs under this part.
``(2) Case information.--The information referred to in
paragraph (1) with respect to a case shall be such
information as the Secretary may specify in regulations
(including the names, social security numbers or other
uniform identification numbers, and State case identification
numbers) to identify the individuals who owe or are owed
support (or with respect to or on behalf of whom support
obligations are sought to be established), and the State or
States which have the case.
``(i) National Directory of New Hires.--
``(1) In general.--In order to assist States in
administering programs under State plans approved under this
part and programs funded under part A, and for the other
purposes specified in this section, the Secretary shall, not
later than October 1, 1997, establish and maintain in the
Federal Parent Locator Service an automated directory to be
known as the National Directory of New Hires, which shall
contain the information supplied pursuant to section
453A(g)(2).
``(2) Entry of data.--Information shall be entered into the
data base maintained by the National Directory of New Hires
within 2 business days of receipt pursuant to section
453A(g)(2).
``(3) Administration of federal tax laws.--The Secretary of
the Treasury shall have access to the information in the
National Directory of New Hires for purposes of administering
section 32 of the Internal Revenue Code of 1986, or the
advance payment of the earned income tax credit under
section 3507 of such Code, and verifying a claim with
respect to employment in a tax return.
``(4) List of multistate employers.--The Secretary shall
maintain within the National Directory of New Hires a list of
multistate employers that report information regarding newly
hired employees pursuant to section 453A(b)(1)(B), and the
State which each such employer has designated to receive such
information.
``(j) Information Comparisons and Other Disclosures.--
``(1) Verification by social security administration.--
``(A) In general.--The Secretary shall transmit information
on individuals and employers maintained under this section to
the Social Security Administration to the extent necessary
for verification in accordance with subparagraph (B).
``(B) Verification by ssa.--The Social Security
Administration shall verify the accuracy of, correct, or
supply to the extent possible, and report to the Secretary,
the fol
[[Page 1640]]
lowing information supplied by the Secretary pursuant to
subparagraph (A):
``(i) The name, social security number, and birth date of
each such individual.
``(ii) The employer identification number of each such
employer.
``(2) Information comparisons.--For the purpose of locating
individuals in a paternity establishment case or a case
involving the establishment, modification, or enforcement of
a support order, the Secretary shall--
``(A) compare information in the National Directory of New
Hires against information in the support case abstracts in
the Federal Case Registry of Child Support Orders not less
often than every 2 business days; and
``(B) within 2 business days after such a comparison
reveals a match with respect to an individual, report the
information to the State agency responsible for the case.
``(3) Information comparisons and disclosures of
information in all registries for title iv program
purposes.--To the extent and with the frequency that the
Secretary determines to be effective in assisting States to
carry out their responsibilities under programs operated
under this part and programs funded under part A, the
Secretary shall--
``(A) compare the information in each component of the
Federal Parent Locator Service maintained under this section
against the information in each other such component (other
than the comparison required by paragraph (2)), and report
instances in which such a comparison reveals a match with
respect to an individual to State agencies operating such
programs; and
``(B) disclose information in such registries to such State
agencies.
``(4) Provision of new hire information to the social
security administration.--The National Directory of New Hires
shall provide the Commissioner of Social Security with all
information in the National Directory, which shall be used to
determine the accuracy of payments under the supplemental
security income program under title XVI and in connection
with benefits under title II.
``(5) Research.--The Secretary may provide access to
information reported by employers pursuant to section 453A(b)
for research purposes found by the Secretary to be likely to
contribute to achieving the purposes of part A or this part,
but without personal identifiers.
``(k) Fees.--
``(1) For ssa verification.--The Secretary shall reimburse
the Commissioner of Social Security, at a rate negotiated
between the Secretary and the Commissioner, for the costs
incurred by the Commissioner in performing the
verification services described in subsection (j).
``(2) For information from state directories of new
hires.--The Secretary shall reimburse costs incurred by State
directories of new hires in furnishing information as
required by subsection (j)(3), at rates which the Secretary
determines to be reasonable (which rates shall not include
payment for the costs of obtaining, compiling, or maintaining
such information).
``(3) For information furnished to state and federal
agencies.--A State or Federal agency that receives
information from the Secretary pursuant to this section shall
reimburse the Secretary for costs incurred by the Secretary
in furnishing the information, at rates which the Secretary
determines to be reasonable (which rates shall include
payment for the costs of obtaining, verifying, maintaining,
and comparing the information).
``(l) Restriction on Disclosure and Use.--Information in
the Federal Parent Locator Service, and information resulting
from comparisons using such information, shall not be used or
disclosed except as expressly provided in this section,
subject to section 6103 of the Internal Revenue Code of 1986.
``(m) Information Integrity and Security.--The Secretary
shall establish and implement safeguards with respect to the
entities established under this section designed to--
``(1) ensure the accuracy and completeness of information
in the Federal Parent Locator Service; and
``(2) restrict access to confidential information in the
Federal Parent Locator Service to authorized persons, and
restrict use of such information to authorized purposes.
``(n) Federal Government Reporting.--Each department,
agency, and instrumentality of the United States shall on a
quarterly basis report to the Federal Parent Locator Service
the name and social security number of each employee and the
wages paid to the employee during the previous quarter,
except that such a report shall not be filed with respect to
an employee of a department, agency, or instrumentality
performing intelligence or counterintelligence functions, if
the head of such department, agency, or instrumentality has
determined that filing such a report could endanger the
safety of the employee or compromise an ongoing investigation
or intelligence mission.''.
(g) Conforming Amendments.--
(1) To part d of title iv of the social security act.--
(A) Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to
read as follows:
``(B) the Federal Parent Locator Service established under
section 453;''.
(B) Section 454(13) (42 U.S.C.654(13)) is amended by
inserting ``and provide that information requests by parents
who are residents of other States be treated with the same
priority as requests by parents who are residents of the
State submitting the plan'' before the semicolon.
(2) To federal unemployment tax act.--Section 3304(a)(16)
of the Internal Revenue Code of 1986 is amended--
(A) by striking ``Secretary of Health, Education, and
Welfare'' each place such term appears and inserting
``Secretary of Health and Human Services'';
(B) in subparagraph (B), by striking ``such information''
and all that follows and inserting ``information furnished
under subparagraph (A) or (B) is used only for the purposes
authorized under such subparagraph;'';
(C) by striking ``and'' at the end of subparagraph (A);
(D) by redesignating subparagraph (B) as subparagraph (C);
and
(E) by inserting after subparagraph (A) the following new
subparagraph:
``(B) wage and unemployment compensation information
contained in the records of such agency shall be furnished to
the Secretary of Health and Human Services (in accordance
with regulations promulgated by such Secretary) as
necessary for the purposes of the National Directory of
New Hires established under section 453(i) of the Social
Security Act, and''.
(3) To state grant program under title iii of the social
security act.--Subsection (h) of section 303 (42 U.S.C. 503)
is amended to read as follows:
``(h)(1) The State agency charged with the administration
of the State law shall, on a reimbursable basis--
``(A) disclose quarterly, to the Secretary of Health and
Human Services, wage and claim information, as required
pursuant to section 453(i)(1), contained in the records of
such agency;
``(B) ensure that information provided pursuant to
subparagraph (A) meets such standards relating to correctness
and verification as the Secretary of Health and Human
Services, with the concurrence of the Secretary of Labor, may
find necessary; and
``(C) establish such safeguards as the Secretary of Labor
determines are necessary to insure that information disclosed
under subparagraph (A) is used only for purposes of section
453(i)(1) in carrying out the child support enforcement
program under title IV.
``(2) Whenever the Secretary of Labor, after reasonable
notice and opportunity for hearing to the State agency
charged with the administration of the State law, finds that
there is a failure to comply substantially with the
requirements of paragraph (1), the Secretary of Labor shall
notify such State agency that further payments will not be
made to the State until the Secretary of Labor is satisfied
that there is no longer any such failure. Until the Secretary
of Labor is so satisfied, the Secretary shall make no future
certification to the Secretary of the Treasury with respect
to the State.
``(3) For purposes of this subsection--
``(A) the term `wage information' means information
regarding wages paid to an individual, the social security
account number of such individual, and the name, address,
State, and the Federal employer identification number of the
employer paying such wages to such individual; and
``(B) the term `claim information' means information
regarding whether an individual is receiving, has received,
or has made application for, unemployment compensation, the
amount of any such compensation being received (or to be
received by such individual), and the individual's current
(or most recent) home address.''.
(4) Disclosure of certain information to agents of child
support enforcement agencies.--
(A) In general.--Paragraph (6) of section 6103(l) of the
Internal Revenue Code of 1986 (relating to disclosure of
return information to Federal, State, and local child support
enforcement agencies) is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting after
subparagraph (A) the following new subparagraph:
``(B) Disclosure to certain agents.--The following
information disclosed to any child support enforcement agency
under subparagraph (A) with respect to any individual with
respect to whom child support obligations are sought to be
established or enforced may be disclosed by such agency to
any agent of such agency which is under contract with such
agency to carry out the purposes described in subparagraph
(C):
``(i) The address and social security account number (or
numbers) of such individual.
``(ii) The amount of any reduction under section 6402(c)
(relating to offset of past-due support against overpayments)
in any overpayment otherwise payable to such individual.''
(B) Conforming amendments.--
(i) Paragraph (3) of section 6103(a) of such Code is
amended by striking ``(l)(12)'' and inserting ``paragraph (6)
or (12) of subsection (l)''.
(ii) Subparagraph (C) of section 6103(l)(6) of such Code,
as redesignated by subsection (a), is amended to read as
follows:
``(C) Restriction on disclosure.--Information may be
disclosed under this paragraph only for purposes of, and to
the extent necessary in, establishing and collecting child
support obligations from, and locating, individuals owing
such obligations.''
(iii) The material following subparagraph (F) of section
6103(p)(4) of such Code is amended by striking ``subsection
(l)(12)(B)'' and inserting ``paragraph (6)(A) or (12)(B) of
subsection (l)''.
(h) Requirement for Cooperation.--The Secretary of Labor
and the Secretary of Health and Human Services shall work
jointly to develop cost-effective and efficient methods of
accessing the information in the
[[Page 1641]]
various State directories of new hires and the National
Directory of New Hires as established pursuant to the
amendments made by this chapter. In developing these methods
the Secretaries shall take into account the impact, including
costs, on the States, and shall also consider the need to
insure the proper and authorized use of wage record
information.
SEC. 4317. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR
USE IN CHILD SUPPORT ENFORCEMENT.
(a) State Law Requirement.--Section 466(a) (42 U.S.C.
666(a)), as amended by section 4315 of this Act, is amended
by inserting after paragraph (12) the following new
paragraph:
``(13) Recording of social security numbers in certain
family matters.--Procedures requiring that the social
security number of--
``(A) any applicant for a professional license, commercial
driver's license, occupational license, or marriage license
be recorded on the application;
``(B) any individual who is subject to a divorce decree,
support order, or paternity determination or acknowledgment
be placed in the records relating to the matter; and
``(C) any individual who has died be placed in the records
relating to the death and be recorded on the death
certificate.
For purposes of subparagraph (A), if a State allows the use
of a number other than the social security number, the State
shall so advise any applicants.''.
(b) Conforming Amendments.--Section 205(c)(2)(C) (42 U.S.C.
405(c)(2)(C)), as amended by section 321(a)(9) of the Social
Security Independence and Program Improvements Act of 1994,
is amended--
(1) in clause (i), by striking ``may require'' and
inserting ``shall require'';
(2) in clause (ii), by inserting after the 1st sentence the
following: ``In the administration of any law involving the
issuance of a marriage certificate or license, each State
shall require each party named in the certificate or license
to furnish to the State (or political subdivision thereof),
or any State agency having administrative responsibility for
the law involved, the social security number of the party.'';
(3) in clause (ii), by inserting ``or marriage
certificate'' after ``Such numbers shall not be recorded on
the birth certificate''.
(4) in clause (vi), by striking ``may'' and inserting
``shall''; and
(5) by adding at the end the following new clauses:
``(x) An agency of a State (or a political subdivision
thereof) charged with the administration of any law
concerning the issuance or renewal of a license, certificate,
permit, or other authorization to engage in a profession, an
occupation, or a commercial activity shall require all
applicants for issuance or renewal of the license,
certificate, permit, or other authorization to provide the
applicant's social security number to the agency for the
purpose of administering such laws, and for the purpose of
responding to requests for information from an agency
operating pursuant to part D of title IV.
``(xi) All divorce decrees, support orders, and paternity
determinations issued, and all paternity acknowledgments
made, in each State shall include the social security number
of each party to the decree, order, determination, or
acknowledgment in the records relating to the matter, for the
purpose of responding to requests for information from an
agency operating pursuant to part D of title IV.''.
CHAPTER 3--STREAMLINING AND UNIFORMITY OF PROCEDURES
SEC. 4321. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding at the end
the following new subsection:
``(f) Uniform Interstate Family Support Act.--
``(1) Enactment and use.--In order to satisfy section
454(20)(A), on and after January 1, 1998, each State must
have in effect the Uniform Interstate Family Support Act, as
approved by the American Bar Association on February 9, 1993,
together with any amendments officially adopted before
January 1, 1998 by the National Conference of Commissioners
on Uniform State Laws.
``(2) Employers to follow procedural rules of State where
employee works.--The State law enacted pursuant to paragraph
(1) shall provide that an employer that receives an income
withholding order or notice pursuant to section 501 of the
Uniform Interstate Family Support Act follow the procedural
rules that apply with respect to such order or notice under
the laws of the State in which the obligor works.''.
SEC. 4322. IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD
SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is amended--
(1) in subsection (a)(2), by striking ``subsection (e)''
and inserting ``subsections (e), (f), and (i)'';
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
`` `child's home State' means the State in which a child
lived with a parent or a person acting as parent for at least
6 consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than 6 months old, the State in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month
period.'';
(3) in subsection (c), by inserting ``by a court of a
State'' before ``is made'';
(4) in subsection (c)(1), by inserting ``and subsections
(e), (f), and (g)'' after ``located'';
(5) in subsection (d)--
(A) by inserting ``individual'' before ``contestant''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(6) in subsection (e), by striking ``make a modification of
a child support order with respect to a child that is made''
and inserting ``modify a child support order issued'';
(7) in subsection (e)(1), by inserting ``pursuant to
subsection (i)'' before the semicolon;
(8) in subsection (e)(2)--
(A) by inserting ``individual'' before ``contestant'' each
place such term appears; and
(B) by striking ``to that court's making the modification
and assuming'' and inserting ``with the State of continuing,
exclusive jurisdiction for a court of another State to modify
the order and assume'';
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(10) by inserting after subsection (e) the following new
subsection:
``(f) Recognition of Child Support Orders.--If 1 or more
child support orders have been issued with regard to an
obligor and a child, a court shall apply the following rules
in determining which order to recognize for purposes of
continuing, exclusive jurisdiction and enforcement:
``(1) If only 1 court has issued a child support order, the
order of that court must be recognized.
``(2) If 2 or more courts have issued child support orders
for the same obligor and child, and only 1 of the courts
would have continuing, exclusive jurisdiction under this
section, the order of that court must be recognized.
``(3) If 2 or more courts have issued child support orders
for the same obligor and child, and more than 1 of the courts
would have continuing, exclusive jurisdiction under this
section, an order issued by a court in the current home State
of the child must be recognized, but if an order has not been
issued in the current home State of the child, the order most
recently issued must be recognized.
``(4) If 2 or more courts have issued child support orders
for the same obligor and child, and none of the courts would
have continuing, exclusive jurisdiction under this section, a
court may issue a child support order, which must be
recognized.
``(5) The court that has issued an order recognized under
this subsection is the court having continuing, exclusive
jurisdiction.'';
(11) in subsection (g) (as so redesignated)--
(A) by striking ``Prior'' and inserting ``Modified''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(12) in subsection (h) (as so redesignated)--
(A) in paragraph (2), by inserting ``including the duration
of current payments and other obligations of support'' before
the comma; and
(B) in paragraph (3), by inserting ``arrears under'' after
``enforce''; and
(13) by adding at the end the following new subsection:
``(i) Registration for Modification.--If there is no
individual contestant or child residing in the issuing State,
the party or support enforcement agency seeking to modify, or
to modify and enforce, a child support order issued in
another State shall register that order in a State with
jurisdiction over the nonmovant for the purpose of
modification.''.
SEC. 4323. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
4315 and 4317(a) of this Act, is amended by inserting after
paragraph (13) the following new paragraph:
``(14) Administrative enforcement in interstate cases.--
Procedures under which--
``(A)(i) the State shall respond within 5 business days to
a request made by another State to enforce a support order;
and
``(ii) the term `business day' means a day on which State
offices are open for regular business;
``(B) the State may, by electronic or other means, transmit
to another State a request for assistance in a case involving
the enforcement of a support order, which request--
``(i) shall include such information as will enable the
State to which the request is transmitted to compare the
information about the case to the information in the data
bases of the State; and
``(ii) shall constitute a certification by the requesting
State--
``(I) of the amount of support under the order the payment
of which is in arrears; and
``(II) that the requesting State has complied with all
procedural due process requirements applicable to the case;
``(C) if the State provides assistance to another State
pursuant to this paragraph with respect to a case, neither
State shall consider the case to be transferred to the
caseload of such other State; and
``(D) the State shall maintain records of--
``(i) the number of such requests for assistance received
by the State;
``(ii) the number of cases for which the State collected
support in response to such a request; and
``(iii) the amount of such collected support.''.
[[Page 1642]]
SEC. 4324. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) Promulgation.--Section 452(a) (42 U.S.C. 652(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) (as
amended by section 4346(a) of this Act) and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(11) not later than October 1, 1996, after consulting
with the State directors of programs under this part,
promulgate forms to be used by States in interstate cases
for--
``(A) collection of child support through income
withholding;
``(B) imposition of liens; and
``(C) administrative subpoenas.''.
(b) Use by States.--Section 454(9) (42 U.S.C. 654(9)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
and
(3) by adding at the end the following new subparagraph:
``(E) not later than March 1, 1997, in using the forms
promulgated pursuant to section 452(a)(11) for income
withholding, imposition of liens, and issuance of
administrative subpoenas in interstate child support
cases;''.
SEC. 4325. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
(a) State Law Requirements.--Section 466 (42 U.S.C. 666),
as amended by section 4314 of this Act, is amended--
(1) in subsection (a)(2), by striking the first sentence
and inserting the following: ``Expedited administrative and
judicial procedures (including the procedures specified in
subsection (c)) for establishing paternity and for
establishing, modifying, and enforcing support
obligations.''; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Expedited Procedures.--The procedures specified in
this subsection are the following:
``(1) Administrative action by state agency.--Procedures
which give the State agency the authority to take the
following actions relating to establishment of paternity or
to establishment, modification, or enforcement of support
orders, without the necessity of obtaining an order from any
other judicial or administrative tribunal, and to recognize
and enforce the authority of State agencies of other States
to take the following actions:
``(A) Genetic testing.--To order genetic testing for the
purpose of paternity establishment as provided in section
466(a)(5).
``(B) Financial or other information.--To subpoena any
financial or other information needed to establish, modify,
or enforce a support order, and to impose penalties for
failure to respond to such a subpoena.
``(C) Response to state agency request.--To require all
entities in the State (including for-profit, nonprofit, and
governmental employers) to provide promptly, in response to a
request by the State agency of that or any other State
administering a program under this part, information on the
employment, compensation, and benefits of any individual
employed by such entity as an employee or contractor, and to
sanction failure to respond to any such request.
``(D) Access to information contained in certain records.--
To obtain access, subject to safeguards on privacy and
information security, and subject to the nonliability of
entities that afford such access under this subparagraph,
to information contained in the following records
(including automated access, in the case of records
maintained in automated data bases):
``(i) Records of other State and local government agencies,
including--
``(I) vital statistics (including records of marriage,
birth, and divorce);
``(II) State and local tax and revenue records (including
information on residence address, employer, income and
assets);
``(III) records concerning real and titled personal
property;
``(IV) records of occupational and professional licenses,
and records concerning the ownership and control of
corporations, partnerships, and other business entities;
``(V) employment security records;
``(VI) records of agencies administering public assistance
programs;
``(VII) records of the motor vehicle department; and
``(VIII) corrections records.
``(ii) Certain records held by private entities with
respect to individuals who owe or are owed support (or
against or with respect to whom a support obligation is
sought), consisting of--
``(I) the names and addresses of such individuals and the
names and addresses of the employers of such individuals, as
appearing in customer records of public utilities and cable
television companies, pursuant to an administrative subpoena
authorized by subparagraph (B); and
``(II) information (including information on assets and
liabilities) on such individuals held by financial
institutions.
``(E) Change in payee.--In cases in which support is
subject to an assignment in order to comply with a
requirement imposed pursuant to part A or section 1912, or to
a requirement to pay through the State disbursement unit
established pursuant to section 454B, upon providing notice
to obligor and obligee, to direct the obligor or other payor
to change the payee to the appropriate government entity.
``(F) Income withholding.--To order income withholding in
accordance with subsections (a)(1)(A) and (b) of section 466.
``(G) Securing assets.--In cases in which there is a
support arrearage, to secure assets to satisfy the arrearage
by--
``(i) intercepting or seizing periodic or lump-sum payments
from--
``(I) a State or local agency, including unemployment
compensation, workers' compensation, and other benefits; and
``(II) judgments, settlements, and lotteries;
``(ii) attaching and seizing assets of the obligor held in
financial institutions;
``(iii) attaching public and private retirement funds; and
``(iv) imposing liens in accordance with subsection (a)(4)
and, in appropriate cases, to force sale of property and
distribution of proceeds.
``(H) Increase monthly payments.--For the purpose of
securing overdue support, to increase the amount of monthly
support payments to include amounts for arrearages, subject
to such conditions or limitations as the State may provide.
Such procedures shall be subject to due process safeguards,
including (as appropriate) requirements for
notice, opportunity to contest the action, and opportunity
for an appeal on the record to an independent
administrative or judicial tribunal.
``(2) Substantive and procedural rules.--The expedited
procedures required under subsection (a)(2) shall include the
following rules and authority, applicable with respect to all
proceedings to establish paternity or to establish, modify,
or enforce support orders:
``(A) Locator information; presumptions concerning
notice.--Procedures under which--
``(i) each party to any paternity or child support
proceeding is required (subject to privacy safeguards) to
file with the tribunal and the State case registry upon entry
of an order, and to update as appropriate, information on
location and identity of the party, including social security
number, residential and mailing addresses, telephone number,
driver's license number, and name, address, and telephone
number of employer; and
``(ii) in any subsequent child support enforcement action
between the parties, upon sufficient showing that diligent
effort has been made to ascertain the location of such a
party, the tribunal may deem State due process requirements
for notice and service of process to be met with respect to
the party, upon delivery of written notice to the most recent
residential or employer address filed with the tribunal
pursuant to clause (i).
``(B) Statewide jurisdiction.--Procedures under which--
``(i) the State agency and any administrative or judicial
tribunal with authority to hear child support and paternity
cases exerts statewide jurisdiction over the parties; and
``(ii) in a State in which orders are issued by courts or
administrative tribunals, a case may be transferred between
local jurisdictions in the State without need for any
additional filing by the petitioner, or service of process
upon the respondent, to retain jurisdiction over the parties.
``(3) Coordination with erisa.--Notwithstanding subsection
(d) of section 514 of the Employee Retirement Income Security
Act of 1974 (relating to effect on other laws), nothing in
this subsection shall be construed to alter, amend, modify,
invalidate, impair, or supersede subsections (a), (b), and
(c) of such section 514 as it applies with respect to any
procedure referred to in paragraph (1) and any expedited
procedure referred to in paragraph (2), except to the extent
that such procedure would be consistent with the requirements
of section 206(d)(3) of such Act (relating to qualified
domestic relations orders) or the requirements of section
609(a) of such Act (relating to qualified medical child
support orders) if the reference in such section 206(d)(3) to
a domestic relations order and the reference in such section
609(a) to a medical child support order were a reference to a
support order referred to in paragraphs (1) and (2) relating
to the same matters, respectively.''.
(b) Automation of State Agency Functions.--Section 454A, as
added by section 4344(a)(2) and as amended by sections 4311
and 4312(c) of this Act, is amended by adding at the end the
following new subsection:
``(h) Expedited Administrative Procedures.--The automated
system required by this section shall be used, to the maximum
extent feasible, to implement the expedited administrative
procedures required by section 466(c).''.
CHAPTER 4--PATERNITY ESTABLISHMENT
SEC. 4331. STATE LAWS CONCERNING PATERNITY ESTABLISHMENT.
(a) State Laws Required.--Section 466(a)(5) (42 U.S.C.
666(a)(5)) is amended to read as follows:
``(5) Procedures concerning paternity establishment.--
``(A) Establishment process available from birth until age
18.--
``(i) Procedures which permit the establishment of the
paternity of a child at any time before the child attains 18
years of age.
``(ii) As of August 16, 1984, clause (i) shall also apply
to a child for whom paternity has not been established or for
whom a paternity action was brought but dismissed because a
statute of limitations of less than 18 years was then in
effect in the State.
``(B) Procedures concerning genetic testing.--
``(i) Genetic testing required in certain contested
cases.--Procedures under which the State is required, in a
contested pater
[[Page 1643]]
nity case (unless otherwise barred by State law) to require
the child and all other parties (other than individuals found
under section 454(29) to have good cause and other exceptions
for refusing to cooperate) to submit to genetic tests upon
the request of any such party, if the request is supported by
a sworn statement by the party--
``(I) alleging paternity, and setting forth facts
establishing a reasonable possibility of the requisite sexual
contact between the parties; or
``(II) denying paternity, and setting forth facts
establishing a reasonable possibility of the nonexistence of
sexual contact between the parties.
``(ii) Other requirements.--Procedures which require the
State agency, in any case in which the agency orders genetic
testing--
``(I) to pay costs of such tests, subject to recoupment (if
the State so elects) from the alleged father if paternity is
established; and
``(II) to obtain additional testing in any case if an
original test result is contested, upon request and advance
payment by the contestant.
``(C) Voluntary paternity acknowledgment.--
``(i) Simple civil process.--Procedures for a simple civil
process for voluntarily acknowledging paternity under which
the State must provide that, before a mother and a putative
father can sign an acknowledgment of paternity, the mother
and the putative father must be given notice, orally and in
writing, of the alternatives to, the legal consequences of,
and the rights (including, if 1 parent is a minor, any rights
afforded due to minority status) and responsibilities that
arise from, signing the acknowledgment.
``(ii) Hospital-based program.--Such procedures must
include a hospital-based program for the voluntary
acknowledgment of paternity focusing on the period
immediately before or after the birth of a child.
``(iii) Paternity establishment services.--
``(I) State-offered services.--Such procedures must require
the State agency responsible for maintaining birth records to
offer voluntary paternity establishment services.
``(II) Regulations.--
``(aa) Services offered by hospitals and birth record
agencies.--The Secretary shall prescribe regulations
governing voluntary paternity establishment services offered
by hospitals and birth record agencies.
``(bb) Services offered by other entities.--The Secretary
shall prescribe regulations specifying the types of other
entities that may offer voluntary paternity establishment
services, and governing the provision of such services,
which shall include a requirement that such an entity must
use the same notice provisions used by, use the same
materials used by, provide the personnel providing such
services with the same training provided by, and evaluate
the provision of such services in the same manner as the
provision of such services is evaluated by, voluntary
paternity establishment programs of hospitals and birth
record agencies.
``(iv) Use of paternity acknowledgment affidavit.--Such
procedures must require the State to develop and use an
affidavit for the voluntary acknowledgment of paternity which
includes the minimum requirements of the affidavit specified
by the Secretary under section 452(a)(7) for the voluntary
acknowledgment of paternity, and to give full faith and
credit to such an affidavit signed in any other State
according to its procedures.
``(D) Status of signed paternity acknowledgment.--
``(i) Inclusion in birth records.--Procedures under which
the name of the father shall be included on the record of
birth of the child of unmarried parents only if--
``(I) the father and mother have signed a voluntary
acknowledgment of paternity; or
``(II) a court or an administrative agency of competent
jurisdiction has issued an adjudication of paternity.
Nothing in this clause shall preclude a State agency from
obtaining an admission of paternity from the father for
submission in a judicial or administrative proceeding, or
prohibit the issuance of an order in a judicial or
administrative proceeding which bases a legal finding of
paternity on an admission of paternity by the father and any
other additional showing required by State law.
``(ii) Legal finding of paternity.--Procedures under which
a signed voluntary acknowledgment of paternity is considered
a legal finding of paternity, subject to the right of any
signatory to rescind the acknowledgment within the earlier
of--
``(I) 60 days; or
``(II) the date of an administrative or judicial proceeding
relating to the child (including a proceeding to establish a
support order) in which the signatory is a party.
``(iii) Contest.--Procedures under which, after the 60-day
period referred to in clause (ii), a signed voluntary
acknowledgment of paternity may be challenged in court only
on the basis of fraud, duress, or material mistake of fact,
with the burden of proof upon the challenger, and under which
the legal responsibilities (including child support
obligations) of any signatory arising from the acknowledgment
may not be suspended during the challenge, except for good
cause shown.
``(E) Bar on acknowledgment ratification proceedings.--
Procedures under which judicial or administrative proceedings
are not required or permitted to ratify an unchallenged
acknowledgment of paternity.
``(F) Admissibility of genetic testing results.--
Procedures--
``(i) requiring the admission into evidence, for purposes
of establishing paternity, of the results of any genetic test
that is--
``(I) of a type generally acknowledged as reliable by
accreditation bodies designated by the Secretary; and
``(II) performed by a laboratory approved by such an
accreditation body;
``(ii) requiring an objection to genetic testing results to
be made in writing not later than a specified number of days
before any hearing at which the results may be introduced
into evidence (or, at State option, not later than a
specified number of days after receipt of the results); and
``(iii) making the test results admissible as evidence of
paternity without the need for foundation testimony or other
proof of authenticity or accuracy, unless objection is made.
``(G) Presumption of paternity in certain cases.--
Procedures which create a rebuttable or, at the option of the
State, conclusive presumption of paternity upon genetic
testing results indicating a threshold probability that the
alleged father is the father of the child.
``(H) Default orders.--Procedures requiring a default order
to be entered in a paternity case upon a showing of service
of process on the defendant and any additional showing
required by State law.
``(I) No right to jury trial.--Procedures providing that
the parties to an action to establish paternity are not
entitled to a trial by jury.
``(J) Temporary support order based on probable paternity
in contested cases.--Procedures which require that a
temporary order be issued, upon motion by a party, requiring
the provision of child support pending an administrative or
judicial determination of parentage, if there is clear and
convincing evidence of paternity (on the basis of genetic
tests or other evidence).
``(K) Proof of certain support and paternity establishment
costs.--Procedures under which bills for pregnancy,
childbirth, and genetic testing are admissible as evidence
without requiring third-party foundation testimony, and shall
constitute prima facie evidence of amounts incurred for such
services or for testing on behalf of the child.
``(L) Standing of putative fathers.--Procedures ensuring
that the putative father has a reasonable opportunity to
initiate a paternity action.
``(M) Filing of acknowledgments and adjudications in state
registry of birth records.--Procedures under which voluntary
acknowledgments and adjudications of paternity by judicial or
administrative processes are filed with the State registry of
birth records for comparison with information in the State
case registry.''.
(b) National Paternity Acknowledgment Affidavit.--Section
452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting ``,
and specify the minimum requirements of an affidavit to be
used for the voluntary acknowledgment of paternity which
shall include the social security number of each parent and,
after consultation with the States, other common elements as
determined by such designee'' before the semicolon.
(c) Conforming Amendment.--Section 468 (42 U.S.C. 668) is
amended by striking ``a simple civil process for voluntarily
acknowledging paternity and''.
SEC. 4332. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by inserting
``and will publicize the availability and encourage the use
of procedures for voluntary establishment of paternity and
child support by means the State deems appropriate'' before
the semicolon.
SEC. 4333. COOPERATION BY APPLICANTS FOR AND RECIPIENTS OF
PART A ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections
4301(b), 4303(a), 4312(a), and 4313(a) of this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) provide that the State agency responsible for
administering the State plan--
``(A) shall make the determination (and redetermination at
appropriate intervals) as to whether an individual who has
applied for or is receiving assistance under the State
program funded under part A of this title or the State
program under title XIX is cooperating in good faith with the
State in establishing the paternity of, or in establishing,
modifying, or enforcing a support order for, any child of the
individual by providing the State agency with the name of,
and such other information as the State agency may require
with respect to, the noncustodial parent of the child,
subject to good cause and other exceptions which--
``(i) shall be defined, taking into account the best
interests of the child, and
``(ii) shall be applied in each case,
by, at the option of the State, the State agency
administering the State program under part A, this part, or
title XIX;
``(B) shall require the individual to supply additional
necessary information and appear at interviews, hearings, and
legal proceedings;
``(C) shall require the individual and the child to submit
to genetic tests pursuant to judicial or administrative
order;
``(D) may request that the individual sign a voluntary
acknowledgment of paternity, after notice of the rights and
consequences of such an acknowledgment, but may not re
[[Page 1644]]
quire the individual to sign an acknowledgment or otherwise
relinquish the right to genetic tests as a condition of
cooperation and eligibility for assistance under the State
program funded under part A, or the State program under title
XIX; and
``(E) shall promptly notify the individual, the State
agency administering the State program funded under part A,
and the State agency administering the State program under
title XIX, of each such determination, and if noncooperation
is determined, the basis therefor.''.
CHAPTER 5--PROGRAM ADMINISTRATION AND FUNDING
SEC. 4341. PERFORMANCE-BASED INCENTIVES AND PENALTIES.
(a) Development of New System.--The Secretary of Health and
Human Services, in consultation with State directors of
programs under part D of title IV of the Social Security Act,
shall develop a new incentive system to replace, in a revenue
neutral manner, the system under section 458 of such Act. The
new system shall provide additional payments to any State
based on such State's performance under such a program. Not
later than November 1, 1996, the Secretary shall report on
the new system to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate.
(b) Conforming Amendments to Present System.--Section 458
(42 U.S.C. 658) is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved under part A
of this title'' and inserting ``assistance under a program
funded under part A'';
(2) in subsection (b)(1)(A), by striking ``section
402(a)(26)'' and inserting ``section 408(a)(4)'';
(3) in subsections (b) and (c)--
(A) by striking ``AFDC collections'' each place it appears
and inserting ``title IV-A collections'', and
(B) by striking ``non-AFDC collections'' each place it
appears and inserting ``non-title IV-A collections''; and
(4) in subsection (c), by striking ``combined AFDC/non-AFDC
administrative costs'' both places it appears and inserting
``combined title IV-A/non-title IV-A administrative costs''.
(c) Calculation of Paternity Establishment Percentage.--
(1) Section 452(g)(1)(A) (42 U.S.C. 652(g)(1)(A)) is
amended by striking ``75'' and inserting ``90''.
(2) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is amended--
(A) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively, and by inserting
after subparagraph (A) the following new subparagraph:
``(B) for a State with a paternity establishment percentage
of not less than 75 percent but less than 90 percent for such
fiscal year, the paternity establishment percentage of the
State for the immediately preceding fiscal year plus 2
percentage points;''; and
(B) by adding at the end the following new flush sentence:
``In determining compliance under this section, a State may
use as its paternity establishment percentage either the
State's IV-D paternity establishment percentage (as defined
in paragraph (2)(A)) or the State's statewide paternity
establishment percentage (as defined in paragraph (2)(B)).''.
(3) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``paternity establishment percentage'' and
inserting ``IV-D paternity establishment percentage''; and
(II) by striking ``(or all States, as the case may be)'';
and
(ii) by striking ``and'' at the end; and
(B) by redesignating subparagraph (B) as subparagraph (C)
and by inserting after subparagraph (A) the following new
subparagraph:
``(B) the term `statewide paternity establishment
percentage' means, with respect to a State for a fiscal year,
the ratio (expressed as a percentage) that the total number
of minor children--
``(i) who have been born out of wedlock, and
``(ii) the paternity of whom has been established or
acknowledged during the fiscal year,
bears to the total number of children born out of wedlock
during the preceding fiscal year; and''.
(4) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is amended--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
(B) in subparagraph (A) (as so redesignated), by striking
``the percentage of children born out-of-wedlock in a State''
and inserting ``the percentage of children in a State who are
born out of wedlock or for whom support has not been
established''.
(d) Effective Dates.--
(1) Incentive adjustments.--
(A) In general.--The system developed under subsection (a)
and the amendments made by subsection (b) shall become
effective on October 1, 1998, except to the extent provided
in subparagraph (B).
(B) Application of section 458.--Section 458 of the Social
Security Act, as in effect on the day before the date of the
enactment of this section, shall be effective for purposes of
incentive payments to States for fiscal years before fiscal
year 1999.
(2) Penalty reductions.--The amendments made by subsection
(c) shall become effective with respect to calendar quarters
beginning on or after the date of the enactment of this Act.
SEC. 4342. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) State Agency Activities.--Section 454 (42 U.S.C. 654)
is amended--
(1) in paragraph (14), by striking ``(14)'' and inserting
``(14)(A)'';
(2) by redesignating paragraph (15) as subparagraph (B) of
paragraph (14); and
(3) by inserting after paragraph (14) the following new
paragraph:
``(15) provide for--
``(A) a process for annual reviews of and reports to the
Secretary on the State program operated under the State plan
approved under this part, including such information as may
be necessary to measure State compliance with Federal
requirements for expedited procedures, using such standards
and procedures as are required by the Secretary, under which
the State agency will determine the extent to which the
program is operated in compliance with this part; and
``(B) a process of extracting from the automated data
processing system required by paragraph (16) and transmitting
to the Secretary data and calculations concerning the levels
of accomplishment (and rates of improvement) with respect to
applicable performance indicators (including paternity
establishment percentages) to the extent necessary for
purposes of sections 452(g) and 458;''.
(b) Federal Activities.--Section 452(a)(4) (42 U.S.C.
652(a)(4)) is amended to read as follows:
``(4)(A) review data and calculations transmitted by State
agencies pursuant to section 454(15)(B) on State program
accomplishments with respect to performance indicators for
purposes of subsection (g) of this section and section 458;
``(B) review annual reports submitted pursuant to section
454(15)(A) and, as appropriate, provide to the State
comments, recommendations for additional or alternative
corrective actions, and technical assistance; and
``(C) conduct audits, in accordance with the Government
auditing standards of the Comptroller General of the United
States--
``(i) at least once every 3 years (or more frequently, in
the case of a State which fails to meet the requirements of
this part concerning performance standards and reliability of
program data) to assess the completeness, reliability, and
security of the data and the accuracy of the reporting
systems used in calculating performance indicators under
subsection (g) of this section and section 458;
``(ii) of the adequacy of financial management of the State
program operated under the State plan approved under this
part, including assessments of--
``(I) whether Federal and other funds made available to
carry out the State program are being appropriately expended,
and are properly and fully accounted for; and
``(II) whether collections and disbursements of support
payments are carried out correctly and are fully accounted
for; and
``(iii) for such other purposes as the Secretary may find
necessary;''.
(c) Effective Date.--The amendments made by this section
shall be effective with respect to calendar quarters
beginning 12 months or more after the date of the enactment
of this Act.
SEC. 4343. REQUIRED REPORTING PROCEDURES.
(a) Establishment.--Section 452(a)(5) (42 U.S.C. 652(a)(5))
is amended by inserting ``, and establish procedures to be
followed by States for collecting and reporting information
required to be provided under this part, and establish
uniform definitions (including those necessary to enable the
measurement of State compliance with the requirements of this
part relating to expedited processes) to be applied in
following such procedures'' before the semicolon.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 4301(b), 4303(a), 4312(a), 4313(a),
and 4333 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and
inserting ``; and''; and
(3) by adding after paragraph (29) the following new
paragraph:
``(30) provide that the State shall use the definitions
established under section 452(a)(5) in collecting and
reporting information as required under this part.''.
SEC. 4344. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) Revised Requirements.--
(1) In general.--Section 454(16) (42 U.S.C. 654(16)) is
amended--
(A) by striking ``, at the option of the State,'';
(B) by inserting ``and operation by the State agency''
after ``for the establishment'';
(C) by inserting ``meeting the requirements of section
454A'' after ``information retrieval system'';
(D) by striking ``in the State and localities thereof, so
as (A)'' and inserting ``so as'';
(E) by striking ``(i)''; and
(F) by striking ``(including'' and all that follows and
inserting a semicolon.
(2) Automated data processing.--Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 454 the
following new section:
``SEC. 454A. AUTOMATED DATA PROCESSING.
``(a) In General.--In order for a State to meet the
requirements of this section, the
[[Page 1645]]
State agency administering the State program under this part
shall have in operation a single statewide automated data
processing and information retrieval system which has the
capability to perform the tasks specified in this section
with the frequency and in the manner required by or under
this part.
``(b) Program Management.--The automated system required by
this section shall perform such functions as the Secretary
may specify relating to management of the State program under
this part, including--
``(1) controlling and accounting for use of Federal, State,
and local funds in carrying out the program; and
``(2) maintaining the data necessary to meet Federal
reporting requirements under this part on a timely basis.
``(c) Calculation of Performance Indicators.--In order to
enable the Secretary to determine the incentive payments and
penalty adjustments required by sections 452(g) and 458, the
State agency shall--
``(1) use the automated system--
``(A) to maintain the requisite data on State performance
with respect to paternity establishment and child support
enforcement in the State; and
``(B) to calculate the paternity establishment percentage
for the State for each fiscal year; and
``(2) have in place systems controls to ensure the
completeness and reliability of, and ready access to, the
data described in paragraph (1)(A), and the accuracy of the
calculations described in paragraph (1)(B).
``(d) Information Integrity and Security.--The State agency
shall have in effect safeguards on the integrity, accuracy,
and completeness of, access to, and use of data in the
automated system required by this section, which shall
include the following (in addition to such other safeguards
as the Secretary may specify in regulations):
``(1) Policies restricting access.--Written policies
concerning access to data by State agency personnel, and
sharing of data with other persons, which--
``(A) permit access to and use of data only to the extent
necessary to carry out the State program under this part; and
``(B) specify the data which may be used for particular
program purposes, and the personnel permitted access to such
data.
``(2) Systems controls.--Systems controls (such as
passwords or blocking of fields) to ensure strict adherence
to the policies described in paragraph (1).
``(3) Monitoring of access.--Routine monitoring of access
to and use of the automated system, through methods such as
audit trails and feedback mechanisms, to guard against and
promptly identify unauthorized access or use.
``(4) Training and information.--Procedures to ensure that
all personnel (including State and local agency staff and
contractors) who may have access to or be required to use
confidential program data are informed of applicable
requirements and penalties (including those in section 6103
of the Internal Revenue Code of 1986), and are adequately
trained in security procedures.
``(5) Penalties.--Administrative penalties (up to and
including dismissal from employment) for unauthorized access
to, or disclosure or use of, confidential data.''.
(3) Regulations.--The Secretary of Health and Human
Services shall prescribe final regulations for implementation
of section 454A of the Social Security Act not later than 2
years after the date of the enactment of this Act.
(4) Implementation timetable.--Section 454(24) (42 U.S.C.
654(24)), as amended by section 4303(a)(1) of this Act, is
amended to read as follows:
``(24) provide that the State will have in effect an
automated data processing and information retrieval system--
``(A) by October 1, 1997, which meets all requirements of
this part which were enacted on or before the date of
enactment of the Family Support Act of 1988, and
``(B) by October 1, 1999, which meets all requirements of
this part enacted on or before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of 1996,
except that such deadline shall be extended by 1 day for each
day (if any) by which the Secretary fails to meet the
deadline imposed by section 4344(a)(3) of the Personal
Responsibility and Work Opportunity Act of 1996;''.
(b) Special Federal Matching Rate for Development Costs of
Automated Systems.--
(1) In general.--Section 455(a) (42 U.S.C. 655(a)) is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``90 percent'' and inserting ``the percent
specified in paragraph (3)'';
(ii) by striking ``so much of''; and
(iii) by striking ``which the Secretary'' and all that
follows and inserting ``, and''; and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall pay to each State, for each
quarter in fiscal years 1996 and 1997, 90 percent of so much
of the State expenditures described in paragraph (1)(B) as
the Secretary finds are for a system meeting the requirements
specified in section 454(16) (as in effect on September 30,
1995) but limited to the amount approved for States in the
advance planning documents of such States submitted on or
before September 30, 1995.
``(B)(i) The Secretary shall pay to each State, for each
quarter in fiscal years 1996 through 2001, the percentage
specified in clause (ii) of so much of the State expenditures
described in paragraph (1)(B) as the Secretary finds are for
a system meeting the requirements of sections 454(16) and
454A.
``(ii) The percentage specified in this clause is 80
percent.''.
(2) Temporary limitation on payments under special federal
matching rate.--
(A) In general.--The Secretary of Health and Human Services
may not pay more than $400,000,000 in the aggregate under
section 455(a)(3)(B) of the Social Security Act for fiscal
years 1996 through 2001.
(B) Allocation of limitation among states.--The total
amount payable to a State under section 455(a)(3)(B) of such
Act for fiscal years 1996 through 2001 shall not exceed the
limitation determined for the State by the Secretary of
Health and Human Services in regulations.
(C) Allocation formula.--The regulations referred to in
subparagraph (B) shall prescribe a formula for allocating the
amount specified in subparagraph (A) among States with plans
approved under part D of title IV of the Social Security Act,
which shall take into account--
(i) the relative size of State caseloads under such part;
and
(ii) the level of automation needed to meet the automated
data processing requirements of such part.
(c) Conforming Amendment.--Section 123(c) of the Family
Support Act of 1988 (102 Stat. 2352; Public Law 100-485) is
repealed.
SEC. 4345. TECHNICAL ASSISTANCE.
(a) For Training of Federal and State Staff, Research and
Demonstration Programs, and Special Projects of Regional or
National Significance.--Section 452 (42 U.S.C. 652) is
amended by adding at the end the following new subsection:
``(j) Out of any money in the Treasury of the United States
not otherwise appropriated, there is hereby appropriated to
the Secretary for each fiscal year an amount equal to 1
percent of the total amount paid to the Federal Government
pursuant to section 457(a) during the immediately preceding
fiscal year (as determined on the basis of the most recent
reliable data available to the Secretary as of the end of the
3rd calendar quarter following the end of such preceding
fiscal year), to cover costs incurred by the Secretary for--
``(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing
studies, and related activities needed to improve programs
under this part (including technical assistance concerning
State automated systems required by this part); and
``(2) research, demonstration, and special projects of
regional or national significance relating to the operation
of State programs under this part.
The amount appropriated under this subsection shall remain
available until expended.''.
(b) Operation of Federal Parent Locator Service.--Section
453 (42 U.S.C. 653), as amended by section 4316 of this Act,
is amended by adding at the end the following new subsection:
``(o) Recovery of Costs.--Out of any money in the Treasury
of the United States not otherwise appropriated, there is
hereby appropriated to the Secretary for each fiscal year an
amount equal to 2 percent of the total amount paid to the
Federal Government pursuant to section 457(a) during the
immediately preceding fiscal year (as determined on the basis
of the most recent reliable data available to the Secretary
as of the end of the 3rd calendar quarter following the end
of such preceding fiscal year), to cover costs incurred by
the Secretary for operation of the Federal Parent Locator
Service under this section, to the extent such costs are not
recovered through user fees.''.
SEC. 4346. REPORTS AND DATA COLLECTION BY THE SECRETARY.
(a) Annual Report to Congress.--
(1) Section 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is
amended--
(A) by striking ``this part;'' and inserting ``this part,
including--''; and
(B) by adding at the end the following new clauses:
``(i) the total amount of child support payments collected
as a result of services furnished during the fiscal year to
individuals receiving services under this part;
``(ii) the cost to the States and to the Federal Government
of so furnishing the services; and
``(iii) the number of cases involving families--
``(I) who became ineligible for assistance under State
programs funded under part A during a month in the fiscal
year; and
``(II) with respect to whom a child support payment was
received in the month;''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) in the matter preceding clause (i)--
(i) by striking ``with the data required under each clause
being separately stated for cases'' and inserting
``separately stated for cases'';
(ii) by striking ``cases where the child was formerly
receiving'' and inserting ``or formerly received'';
(iii) by inserting ``or 1912'' after ``471(a)(17)''; and
(iv) by inserting ``for'' before ``all other'';
(B) in each of clauses (i) and (ii), by striking ``, and
the total amount of such obligations'';
(C) in clause (iii), by striking ``described in'' and all
that follows and inserting ``in which support was collected
during the fiscal year;'';
[[Page 1646]]
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause (vii), and
inserting after clause (iii) the following new clauses:
``(iv) the total amount of support collected during such
fiscal year and distributed as current support;
``(v) the total amount of support collected during such
fiscal year and distributed as arrearages;
``(vi) the total amount of support due and unpaid for all
fiscal years; and''.
(3) Section 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is
amended by striking ``on the use of Federal courts and''.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended--
(A) in subparagraph (H), by striking ``and'';
(B) in subparagraph (I), by striking the period and
inserting ``; and''; and
(C) by inserting after subparagraph (I) the following new
subparagraph:
``(J) compliance, by State, with the standards established
pursuant to subsections (h) and (i).''.
(5) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended by
striking ``The information contained in any such report under
subpargraph (A)'' and all that follows through ``the State
plan approved under part A.''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective with respect to fiscal year 1997 and
succeeding fiscal years.
SEC. 4347. CHILD SUPPORT DELINQUENCY PENALTY.
Section 454 (42 U.S.C. 654), as amended by sections
4301(b), 4303(a), 4312(a), 4313(a), 4333, and 4343(b) of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (29);
(2) by striking the period at the end of paragraph (30) and
inserting ``; and''; and
(3) by adding after paragraph (30) the following new
paragraph:
``(31) provide that the State shall have in effect such
laws and procedures as may be necessary to ensure that--
``(A) any person who, at the end of any calendar year, is
delinquent in the payment of child support is civilly liable
to the State for a penalty in an amount equal to 10 percent
of the amount of the delinquency (excluding any delinquency
of the person with respect to which a penalty has been
imposed pursuant to this paragraph for a prior calendar
year); and
``(B) the State shall apply amounts collected from a person
described in subparagraph (A) to the payment of penalties
imposed pursuant to subparagraph (A), after all child support
delinquencies of the person have been extinguished and the
person has repaid the State for all public assistance
provided to the person owed such support, shall remit to the
Federal Government an amount equal to 50 percent of the
amount applied to the payment of such penalties, .''
CHAPTER 6--ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDERS
SEC. 4351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF
CHILD SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to
read as follows:
``(10) Review and adjustment of support orders upon
request.--
``(A) In general.--Procedures under which--
``(i) upon the request of either parent, the State shall
review and, as appropriate, adjust each support order being
enforced under this part, taking into account the best
interests of the child involved; and
``(ii) upon the State's own initiative, the State may
review and, if appropriate, adjust any support order being
enforced under this part with respect to which there is an
assignment under part A, taking into account the best
interests of the child involved.Such procedures shall provide
the following:
``(B) Methods of adjustment.--Such procedures shall provide
that the State may elect to review and, if appropriate,
adjust an order--
``(i) by reviewing and, if appropriate, adjusting the order
in accordance with the guidelines established pursuant to
section 467(a) if the amount of the child support award under
the order differs from the amount that would be awarded in
accordance with the guidelines;
``(ii) by applying a cost-of-living adjustment to the order
in accordance with a formula developed by the State and
permit either party to contest the adjustment, within 30 days
after the date of the notice of the adjustment, by making a
request for review and, if appropriate, adjustment of the
order in accordance with the child support guidelines
established pursuant to section 467(a); or
``(iii) by using automated methods (including automated
comparisons with wage or State income tax data) to identify
orders eligible for review, conduct the review, identify
orders eligible for adjustment, and apply the appropriate
adjustment to the orders eligible for adjustment under the
threshold established by the State.
``(C) No proof of change in circumstances necessary.--Such
procedures shall provide that any adjustment under this
paragraph shall be made without a requirement for proof or
showing of a change in circumstances.
``(D) Notice of right to review.--Such procedures shall
require the State to provide notice not less than once every
3 years to the parents subject to an order being enforced
under this part informing them of their right to request the
State to review and, if appropriate, adjust the order
pursuant to this paragraph. The notice may be included in the
order.''.
SEC. 4352. FURNISHING CONSUMER REPORTS FOR CERTAIN PURPOSES
RELATING TO CHILD SUPPORT.
Section 604 of the Fair Credit Reporting Act (15 U.S.C.
1681b) is amended by adding at the end the following new
paragraphs:
``(4) In response to a request by the head of a State or
local child support enforcement agency (or a State or local
government official authorized by the head of such an
agency), if the person making the request certifies to the
consumer reporting agency that--
``(A) the consumer report is needed for the purpose of
establishing an individual's capacity to make child support
payments or determining the appropriate level of such
payments;
``(B) the paternity of the consumer for the child to which
the obligation relates has been established or acknowledged
by the consumer in accordance with State laws under which the
obligation arises (if required by those laws);
``(C) the person has provided at least 10 days' prior
notice to the consumer whose report is requested, by
certified or registered mail to the last known address of the
consumer, that the report will be requested; and
``(D) the consumer report will be kept confidential, will
be used solely for a purpose described in subparagraph (A),
and will not be used in connection with any other civil,
administrative, or criminal proceeding, or for any other
purpose.
``(5) To an agency administering a State plan under section
454 of the Social Security Act (42 U.S.C. 654) for use to set
an initial or modified child support award.''.
SEC. 4353. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING
FINANCIAL RECORDS TO STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
Part D of title IV (42 U.S.C. 651-669) is amended by adding
at the end the following:
``SEC. 469A. NONLIABILITY FOR FINANCIAL INSTITUTIONS
PROVIDING FINANCIAL RECORDS TO STATE CHILD
SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT
CASES.
``(a) In General.--Notwithstanding any other provision of
Federal or State law, a financial institution shall not be
liable under any Federal or State law to any person for
disclosing any financial record of an individual to a State
child support enforcement agency attempting to establish,
modify, or enforce a child support obligation of such
individual.
``(b) Prohibition of Disclosure of Financial Record
Obtained by State Child Support Enforcement Agency.--A State
child support enforcement agency which obtains a financial
record of an individual from a financial institution pursuant
to subsection (a) may disclose such financial record only for
the purpose of, and to the extent necessary in, establishing,
modifying, or enforcing a child support obligation of such
individual.
``(c) Civil Damages for Unauthorized Disclosure.--
``(1) Disclosure by state officer or employee.--If any
person knowingly, or by reason of negligence, discloses a
financial record of an individual in violation of subsection
(b), such individual may bring a civil action for damages
against such person in a district court of the United States.
``(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this
subsection with respect to any disclosure which results from
a good faith, but erroneous, interpretation of subsection
(b).
``(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
``(A) the greater of--
``(i) $1,000 for each act of unauthorized disclosure of a
financial record with respect to which such defendant is
found liable; or
``(ii) the sum of--
``(I) the actual damages sustained by the plaintiff as a
result of such unauthorized disclosure; plus
``(II) in the case of a willful disclosure or a disclosure
which is the result of gross negligence, punitive damages;
plus
``(B) the costs (including attorney's fees) of the action.
``(d) Definitions.--For purposes of this section--
``(1) Financial institution.--The term `financial
institution' means--
``(A) a depository institution, as defined in section 3(c)
of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
``(B) an institution-affiliated party, as defined in
section 3(u) of such Act (12 U.S.C. 1813(u));
``(C) any Federal credit union or State credit union, as
defined in section 101 of the Federal Credit Union Act (12
U.S.C. 1752), including an institution-affiliated party of
such a credit union, as defined in section 206(r) of such Act
(12 U.S.C. 1786(r)); and
``(D) any benefit association, insurance company, safe
deposit company, money-market mutual fund, or similar entity
authorized to do business in the State.
``(2) Financial record.--The term `financial record' has
the meaning given such term in section 1101 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401).''.
[[Page 1647]]
CHAPTER 7--ENFORCEMENT OF SUPPORT ORDERS
SEC. 4361. INTERNAL REVENUE SERVICE COLLECTION OF ARREARAGES.
(a) Collection of Fees.--Section 6305(a) of the Internal
Revenue Code of 1986 (relating to collection of certain
liability) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'';
(3) by adding at the end the following new paragraph:
``(5) no additional fee may be assessed for adjustments to
an amount previously certified pursuant to such section
452(b) with respect to the same obligor.''; and
(4) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears and inserting ``Secretary of
Health and Human Services''.
(b) Effective Date.--The amendments made by this section
shall become effective October 1, 1997.
SEC. 4362. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL
EMPLOYEES.
(a) Consolidation and Streamlining of Authorities.--Section
459 (42 U.S.C. 659) is amended to read as follows:
``SEC. 459. CONSENT BY THE UNITED STATES TO INCOME
WITHHOLDING, GARNISHMENT, AND SIMILAR
PROCEEDINGS FOR ENFORCEMENT OF CHILD SUPPORT
AND ALIMONY OBLIGATIONS.
``(a) Consent to Support Enforcement.--Notwithstanding any
other provision of law (including section 207 of this Act and
section 5301 of title 38, United States Code), effective
January 1, 1975, moneys (the entitlement to which is based
upon remuneration for employment) due from, or payable by,
the United States or the District of Columbia (including any
agency, subdivision, or instrumentality thereof) to any
individual, including members of the Armed Forces of the
United States, shall be subject, in like manner and to the
same extent as if the United States or the District of
Columbia were a private person, to withholding in accordance
with State law enacted pursuant to subsections (a)(1) and (b)
of section 466 and regulations of the Secretary under such
subsections, and to any other legal process brought, by a
State agency administering a program under a State plan
approved under this part or by an individual obligee, to
enforce the legal obligation of the individual to provide
child support or alimony.
``(b) Consent to Requirements Applicable to Private
Person.--With respect to notice to withhold income pursuant
to subsection (a)(1) or (b) of section 466, or any
other order or process to enforce support obligations
against an individual (if the order or process contains or
is accompanied by sufficient data to permit prompt
identification of the individual and the moneys involved),
each governmental entity specified in subsection (a) shall
be subject to the same requirements as would apply if the
entity were a private person, except as otherwise provided
in this section.
``(c) Designation of Agent; Response to Notice or Process--
``(1) Designation of agent.--The head of each agency
subject to this section shall--
``(A) designate an agent or agents to receive orders and
accept service of process in matters relating to child
support or alimony; and
``(B) annually publish in the Federal Register the
designation of the agent or agents, identified by title or
position, mailing address, and telephone number.
``(2) Response to notice or process.--If an agent
designated pursuant to paragraph (1) of this subsection
receives notice pursuant to State procedures in effect
pursuant to subsection (a)(1) or (b) of section 466, or is
effectively served with any order, process, or interrogatory,
with respect to an individual's child support or alimony
payment obligations, the agent shall--
``(A) as soon as possible (but not later than 15 days)
thereafter, send written notice of the notice or service
(together with a copy of the notice or service) to the
individual at the duty station or last-known home address of
the individual;
``(B) within 30 days (or such longer period as may be
prescribed by applicable State law) after receipt of a notice
pursuant to such State procedures, comply with all applicable
provisions of section 466; and
``(C) within 30 days (or such longer period as may be
prescribed by applicable State law) after effective service
of any other such order, process, or interrogatory, respond
to the order, process, or interrogatory.
``(d) Priority of Claims.--If a governmental entity
specified in subsection (a) receives notice or is served with
process, as provided in this section, concerning amounts owed
by an individual to more than 1 person--
``(1) support collection under section 466(b) must be given
priority over any other process, as provided in section
466(b)(7);
``(2) allocation of moneys due or payable to an individual
among claimants under section 466(b) shall be governed by
section 466(b) and the regulations prescribed under such
section; and
``(3) such moneys as remain after compliance with
paragraphs (1) and (2) shall be available to satisfy any
other such processes on a first-come, first-served basis,
with any such process being satisfied out of such moneys as
remain after the satisfaction of all such processes which
have been previously served.
``(e) No Requirement to Vary Pay Cycles.--A governmental
entity that is affected by legal process served for the
enforcement of an individual's child support or alimony
payment obligations shall not be required to vary its normal
pay and disbursement cycle in order to comply with the legal
process.
``(f) Relief From Liability.--
``(1) Neither the United States, nor the government of the
District of Columbia, nor any disbursing officer shall be
liable with respect to any payment made from moneys due or
payable from the United States to any individual pursuant to
legal process regular on its face, if the payment is made in
accordance with this section and the regulations issued to
carry out this section.
``(2) No Federal employee whose duties include taking
actions necessary to comply with the requirements of
subsection (a) with regard to any individual shall be subject
under any law to any disciplinary action or civil or criminal
liability or penalty for, or on account of, any disclosure
of information made by the employee in connection with the
carrying out of such actions.
``(g) Regulations.--Authority to promulgate regulations for
the implementation of this section shall, insofar as this
section applies to moneys due from (or payable by)--
``(1) the United States (other than the legislative or
judicial branches of the Federal Government) or the
government of the District of Columbia, be vested in the
President (or the designee of the President);
``(2) the legislative branch of the Federal Government, be
vested jointly in the President pro tempore of the Senate and
the Speaker of the House of Representatives (or their
designees), and
``(3) the judicial branch of the Federal Government, be
vested in the Chief Justice of the United States (or the
designee of the Chief Justice).
``(h) Moneys Subject to Process.--
``(1) In general.--Subject to paragraph (2), moneys paid or
payable to an individual which are considered to be based
upon remuneration for employment, for purposes of this
section--
``(A) consist of--
``(i) compensation paid or payable for personal services of
the individual, whether the compensation is denominated as
wages, salary, commission, bonus, pay, allowances, or
otherwise (including severance pay, sick pay, and incentive
pay);
``(ii) periodic benefits (including a periodic benefit as
defined in section 228(h)(3)) or other payments--
``(I) under the insurance system established by title II;
``(II) under any other system or fund established by the
United States which provides for the payment of pensions,
retirement or retired pay, annuities, dependents' or
survivors' benefits, or similar amounts payable on account of
personal services performed by the individual or any other
individual;
``(III) as compensation for death under any Federal
program;
``(IV) under any Federal program established to provide
`black lung' benefits; or
``(V) by the Secretary of Veterans Affairs as compensation
for a service-connected disability paid by the Secretary to a
former member of the Armed Forces who is in receipt of
retired or retainer pay if the former member has waived a
portion of the retired or retainer pay in order to receive
such compensation; and
``(iii) worker's compensation benefits paid under Federal
or State law but
``(B) do not include any payment--
``(i) by way of reimbursement or otherwise, to defray
expenses incurred by the individual in carrying out duties
associated with the employment of the individual; or
``(ii) as allowances for members of the uniformed services
payable pursuant to chapter 7 of title 37, United States
Code, as prescribed by the Secretaries concerned (defined by
section 101(5) of such title) as necessary for the efficient
performance of duty.
``(2) Certain amounts excluded.--In determining the amount
of any moneys due from, or payable by, the United States to
any individual, there shall be excluded amounts which--
``(A) are owed by the individual to the United States;
``(B) are required by law to be, and are, deducted from the
remuneration or other payment involved, including Federal
employment taxes, and fines and forfeitures ordered by court-
martial;
``(C) are properly withheld for Federal, State, or local
income tax purposes, if the withholding of the amounts is
authorized or required by law and if amounts withheld are not
greater than would be the case if the individual claimed all
dependents to which he was entitled (the withholding of
additional amounts pursuant to section 3402(i) of the
Internal Revenue Code of 1986 may be permitted only when the
individual presents evidence of a tax obligation which
supports the additional withholding);
``(D) are deducted as health insurance premiums;
``(E) are deducted as normal retirement contributions (not
including amounts deducted for supplementary coverage); or
``(F) are deducted as normal life insurance premiums from
salary or other remuneration for employment (not including
amounts deducted for supplementary coverage).
``(i) Definitions.--For purposes of this section--
``(1) United states.--The term `United States' includes any
department, agency, or instrumentality of the legislative,
judicial, or executive branch of the Federal Govern
[[Page 1648]]
ment, the United States Postal Service, the Postal Rate
Commission, any Federal corporation created by an Act of
Congress that is wholly owned by the Federal Government, and
the governments of the territories and possessions of the
United States.
``(2) Child support.--The term `child support', when used
in reference to the legal obligations of an individual to
provide such support, means amounts required to be paid under
a judgment, decree, or order, whether temporary, final, or
subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the
support and maintenance of a child, including a child who has
attained the age of majority under the law of the issuing
State, or a child and the parent with whom the child is
living, which provides for monetary support, health care,
arrearages or reimbursement, and which may include other
related costs and fees, interest and penalties, income
withholding, attorney's fees, and other relief.
``(3) Alimony.--
``(A) In general.--The term `alimony', when used in
reference to the legal obligations of an individual to
provide the same, means periodic payments of funds for the
support and maintenance of the spouse (or former spouse) of
the individual, and (subject to and in accordance with State
law) includes separate maintenance, alimony pendente lite,
maintenance, and spousal support, and includes attorney's
fees, interest, and court costs when and to the extent that
the same are expressly made recoverable as such pursuant to a
decree, order, or judgment issued in accordance with
applicable State law by a court of competent jurisdiction.
``(B) Exceptions.--Such term does not include--
``(i) any child support; or
``(ii) any payment or transfer of property or its value by
an individual to the spouse or a former spouse of the
individual in compliance with any community property
settlement, equitable distribution of property, or other
division of property between spouses or former spouses.
``(4) Private person.--The term `private person' means a
person who does not have sovereign or other special immunity
or privilege which causes the person not to be subject to
legal process.
``(5) Legal process.--The term `legal process' means any
writ, order, summons, or other similar process in the nature
of garnishment--
``(A) which is issued by--
``(i) a court or an administrative agency of competent
jurisdiction in any State, territory, or possession of the
United States;
``(ii) a court or an administrative agency of competent
jurisdiction in any foreign country with which the United
States has entered into an agreement which requires the
United States to honor the process; or
``(iii) an authorized official pursuant to an order of such
a court or an administrative agency of competent jurisdiction
or pursuant to State or local law; and
``(B) which is directed to, and the purpose of which is to
compel, a governmental entity which holds moneys which are
otherwise payable to an individual to make a payment from the
moneys to another party in order to satisfy a legal
obligation of the individual to provide child support or make
alimony payments.''.
(b) Conforming Amendments.--
(1) To part d of title iv.--Sections 461 and 462 (42 U.S.C.
661 and 662) are repealed.
(2) To title 5, united states code.--Section 5520a of title
5, United States Code, is amended, in subsections (h)(2) and
(i), by striking ``sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, and 662)'' and inserting
``section 459 of the Social Security Act (42 U.S.C. 659)''.
(c) Military Retired and Retainer Pay.--
(1) Definition of court.--Section 1408(a)(1) of title 10,
United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(C) by adding after subparagraph (C) the following new
subparagraph:
``(D) any administrative or judicial tribunal of a State
competent to enter orders for support or maintenance
(including a State agency administering a program under a
State plan approved under part D of title IV of the Social
Security Act), and, for purposes of this subparagraph, the
term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.''.
(2) Definition of court order.--Section 1408(a)(2) of such
title is amended--
(A) by inserting ``or a support order, as defined in
section 453(p) of the Social Security Act (42 U.S.C.
653(p)),'' before ``which--'';
(B) in subparagraph (B)(i), by striking ``(as defined in
section 462(b) of the Social Security Act (42 U.S.C.
662(b)))'' and inserting ``(as defined in section 459(i)(2)
of the Social Security Act (42 U.S.C. 659(i)(2)))''; and
(C) in subparagraph (B)(ii), by striking ``(as defined in
section 462(c) of the Social Security Act (42 U.S.C.
662(c)))'' and inserting ``(as defined in section 459(i)(3)
of the Social Security Act (42 U.S.C. 659(i)(3)))''.
(3) Public payee.--Section 1408(d) of such title is
amended--
(A) in the heading, by inserting ``(or for Benefit of)''
before ``Spouse or''; and
(B) in paragraph (1), in the 1st sentence, by inserting
``(or for the benefit of such spouse or former spouse to a
State disbursement unit established pursuant to section 454B
of the Social Security Act or other public payee designated
by a State, in accordance with part D of title IV of the
Social Security Act, as directed by court order, or as
otherwise directed in accordance with such part D)'' before
``in an amount sufficient''.
(4) Relationship to part d of title iv.--Section 1408 of
such title is amended by adding at the end the following new
subsection:
``(j) Relationship to Other Laws.--In any case involving an
order providing for payment of child support (as defined in
section 459(i)(2) of the Social Security Act) by a member who
has never been married to the other parent of the child, the
provisions of this section shall not apply, and the case
shall be subject to the provisions of section 459 of such
Act.''.
(d) Effective Date.--The amendments made by this section
shall become effective 6 months after the date of the
enactment of this Act.
SEC. 4363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF
MEMBERS OF THE ARMED FORCES.
(a) Availability of Locator Information.--
(1) Maintenance of address information.--The Secretary of
Defense shall establish a centralized personnel locator
service that includes the address of each member of the Armed
Forces under the jurisdiction of the Secretary. Upon request
of the Secretary of Transportation, addresses for members of
the Coast Guard shall be included in the centralized
personnel locator service.
(2) Type of address.--
(A) Residential address.--Except as provided in
subparagraph (B), the address for a member of the Armed
Forces shown in the locator service shall be the residential
address of that member.
(B) Duty address.--The address for a member of the Armed
Forces shown in the locator service shall be the duty address
of that member in the case of a member--
(i) who is permanently assigned overseas, to a vessel, or
to a routinely deployable unit; or
(ii) with respect to whom the Secretary concerned makes a
determination that the member's residential address should
not be disclosed due to national security or safety concerns.
(3) Updating of locator information.--Within 30 days after
a member listed in the locator service establishes a new
residential address (or a new duty address, in the case of a
member covered by paragraph (2)(B)), the Secretary concerned
shall update the locator service to indicate the new address
of the member.
(4) Availability of information.--The Secretary of Defense
shall make information regarding the address of a member of
the Armed Forces listed in the locator service available, on
request, to the Federal Parent Locator Service established
under section 453 of the Social Security Act.
(b) Facilitating Granting of Leave for Attendance at
Hearings.--
(1) Regulations.--The Secretary of each military
department, and the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy, shall prescribe regulations to facilitate the
granting of leave to a member of the Armed Forces under the
jurisdiction of that Secretary in a case in which--
(A) the leave is needed for the member to attend a hearing
described in paragraph (2);
(B) the member is not serving in or with a unit deployed in
a contingency operation (as defined in section 101 of title
10, United States Code); and
(C) the exigencies of military service (as determined by
the Secretary concerned) do not otherwise require that such
leave not be granted.
(2) Covered hearings.--Paragraph (1) applies to a hearing
that is conducted by a court or pursuant to an administrative
process established under State law, in connection with a
civil action--
(A) to determine whether a member of the Armed Forces is a
natural parent of a child; or
(B) to determine an obligation of a member of the Armed
Forces to provide child support.
(3) Definitions.--For purposes of this subsection--
(A) The term ``court'' has the meaning given that term in
section 1408(a) of title 10, United States Code.
(B) The term ``child support'' has the meaning given such
term in section 459(i) of the Social Security Act (42 U.S.C.
659(i)).
(c) Payment of Military Retired Pay in Compliance With
Child Support Orders.--
(1) Date of certification of court order.--Section 1408 of
title 10, United States Code, as amended by section
4362(c)(4) of this Act, is amended--
(A) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(B) by inserting after subsection (h) the following new
subsection:
``(i) Certification Date.--It is not necessary that the
date of a certification of the authenticity or completeness
of a copy of a court order for child support received by the
Secretary concerned for the purposes of this section be
recent in relation to the date of receipt by the
Secretary.''.
(2) Payments consistent with assignments of rights to
states.--Section 1408(d)(1) of such title is amended by
inserting after the 1st sentence the following new sentence:
``In the case of a spouse or former spouse who, pursuant to
section 408(a)(4) of the Social Security Act (42 U.S.C.
608(a)(4)), assigns to a State the rights of the spouse or
[[Page 1649]]
former spouse to receive support, the Secretary concerned may
make the child support payments referred to in the preceding
sentence to that State in amounts consistent with that
assignment of rights.''.
(3) Arrearages owed by members of the uniformed services.--
Section 1408(d) of such title is amended by adding at the end
the following new paragraph:
``(6) In the case of a court order for which effective
service is made on the Secretary concerned on or after the
date of the enactment of this paragraph and which provides
for payments from the disposable retired pay of a member to
satisfy the amount of child support set forth in the order,
the authority provided in paragraph (1) to make payments from
the disposable retired pay of a member to satisfy the amount
of child support set forth in a court order shall apply to
payment of any amount of child support arrearages set forth
in that order as well as to amounts of child support that
currently become due.''.
(4) Payroll deductions.--The Secretary of Defense shall
begin payroll deductions within 30 days after receiving
notice of withholding, or for the 1st pay period that begins
after such 30-day period.
SEC. 4364. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section 4321 of
this Act, is amended by adding at the end the following new
subsection:
``(g) Laws Voiding Fraudulent Transfers.--In order to
satisfy section 454(20)(A), each State must have in effect--
``(1)(A) the Uniform Fraudulent Conveyance Act of 1981;
``(B) the Uniform Fraudulent Transfer Act of 1984; or
``(C) another law, specifying indicia of fraud which create
a prima facie case that a debtor transferred income or
property to avoid payment to a child support creditor, which
the Secretary finds affords comparable rights to child
support creditors; and
``(2) procedures under which, in any case in which the
State knows of a transfer by a child support debtor with
respect to which such a prima facie case is established, the
State must--
``(A) seek to void such transfer; or
``(B) obtain a settlement in the best interests of the
child support creditor.''.
SEC. 4365. WORK REQUIREMENT FOR PERSONS OWING PAST-DUE CHILD
SUPPORT.
(a) In General.--Section 466(a) (42 U.S.C. 666(a)), as
amended by sections 4315, 4317(a), and 4323 of this Act, is
amended by inserting after paragraph (14) the following new
paragraph:
``(15) Procedures to ensure that persons owing past-due
support work or have a plan for payment of such support.--
``(A) In general.--Procedures under which the State has the
authority, in any case in which an individual owes past-due
support with respect to a child receiving assistance under a
State program funded under part A, to issue an order or to
request that a court or an administrative process established
pursuant to State law issue an order that requires the
individual to--
``(i) pay such support in accordance with a plan approved
by the court, or, at the option of the State, a plan approved
by the State agency administering the State program under
this part; or
``(ii) if the individual is subject to such a plan and is
not incapacitated, participate in such work activities (as
defined in section 407(d)) as the court, or, at the option of
the State, the State agency administering the State program
under this part, deems appropriate.
``(B) Past-due support defined.--For purposes of
subparagraph (A), the term `past-due support' means the
amount of a delinquency, determined under a court order, or
an order of an administrative process established under State
law, for support and maintenance of a child, or of a child
and the parent with whom the child is living.''.
(b) Conforming amendment.--The flush paragraph at the end
of section 466(a) (42 U.S.C.666(a)) is amended by striking
``and (7)'' and inserting ``(7), and (15)''.
SEC. 4366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections 4316 and
4345(b) of this Act, is amended by adding at the end the
following new subsection:
``(p) Support Order Defined.--As used in this part, the
term `support order' means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued
by a court or an administrative agency of competent
jurisdiction, for the support and maintenance of a child,
including a child who has attained the age of majority under
the law of the issuing State, or a child and the parent with
whom the child is living, which provides for monetary
support, health care, arrearages, or reimbursement, and which
may include related costs and fees, interest and penalties,
income withholding, attorneys' fees, and other relief.''.
SEC. 4367. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended to read
as follows:
``(7) Reporting arrearages to credit bureaus.--
``(A) In general.--Procedures (subject to safeguards
pursuant to subparagraph (B)) requiring the State to report
periodically to consumer reporting agencies (as defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) the name of any noncustodial parent who is
delinquent in the payment of support, and the amount of
overdue support owed by such parent.
``(B) Safeguards.--Procedures ensuring that, in carrying
out subparagraph (A), information with respect to a
noncustodial parent is reported--
``(i) only after such parent has been afforded all due
process required under State law, including notice and a
reasonable opportunity to contest the accuracy of such
information; and
``(ii) only to an entity that has furnished evidence
satisfactory to the State that the entity is a consumer
reporting agency (as so defined).''.
SEC. 4368. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended to read
as follows:
``(4) Liens.--Procedures under which--
``(A) liens arise by operation of law against real and
personal property for amounts of overdue support owed by a
noncustodial parent who resides or owns property in the
State; and
``(B) the State accords full faith and credit to liens
described in subparagraph (A) arising in another State, when
the State agency, party, or other entity seeking to enforce
such a lien complies with the procedural rules relating to
recording or serving liens that arise within the State,
except that such rules may not require judicial notice or
hearing prior to the enforcement of such a lien.''.
SEC. 4369. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
4315, 4317(a), 4323, and 4365 of this Act, is amended by
inserting after paragraph (15) the following:
``(16) Authority to withhold or suspend licenses.--
Procedures under which the State has (and uses in appropriate
cases) authority to withhold or suspend, or to restrict the
use of driver's licenses, professional and occupational
licenses, and recreational licenses of individuals owing
overdue support or failing, after receiving appropriate
notice, to comply with subpoenas or warrants relating to
paternity or child support proceedings.''.
SEC. 4370. DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD
SUPPORT.
(a) HHS Certification Procedure.--
(1) Secretarial responsibility.--Section 452 (42 U.S.C.
652), as amended by section 4345 of this Act, is amended by
adding at the end the following new subsection:
``(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of section
454(31) that an individual owes arrearages of child support
in an amount exceeding $5,000, the Secretary shall transmit
such certification to the Secretary of State for action (with
respect to denial, revocation, or limitation of passports)
pursuant to paragraph (2).
``(2) The Secretary of State shall, upon certification by
the Secretary transmitted under paragraph (1), refuse to
issue a passport to such individual, and may revoke,
restrict, or limit a passport issued previously to such
individual.
``(3) The Secretary and the Secretary of State shall not be
liable to an individual for any action with respect to a
certification by a State agency under this section.''.
(2) State agency responsibility.--Section 454 (42 U.S.C.
654), as amended by sections 4301(b), 4303(a), 4312(b),
4313(a), 4333, 4343(b), and 4347 of this Act, is amended--
(A) by striking ``and'' at the end of paragraph (30);
(B) by striking the period at the end of paragraph (31) and
inserting ``; and''; and
(C) by adding after paragraph (31) the following new
paragraph:
``(32) provide that the State agency will have in effect a
procedure for certifying to the Secretary, for purposes of
the procedure under section 452(k), determinations that
individuals owe arrearages of child support in an amount
exceeding $5,000, under which procedure--
``(A) each individual concerned is afforded notice of such
determination and the consequences thereof, and an
opportunity to contest the determination; and
``(B) the certification by the State agency is furnished to
the Secretary in such format, and accompanied by such
supporting documentation, as the Secretary may require.''.
(b) Effective Date.--This section and the amendments made
by this section shall become effective October 1, 1997.
SEC. 4371. INTERNATIONAL SUPPORT ENFORCEMENT.
(a) Authority for International Agreements.--Part D of
title IV, as amended by section 4362(a) of this Act, is
amended by adding after section 459 the following new
section:
``SEC. 459A. INTERNATIONAL SUPPORT ENFORCEMENT.
``(a) Authority for Declarations.--
``(1) Declaration.--The Secretary of State, with the
concurrence of the Secretary of Health and Human Services, is
authorized to declare any foreign country (or a political
subdivision thereof) to be a foreign reciprocating country if
the foreign country has established, or undertakes to
establish, procedures for the establishment and enforcement
of duties of support owed to obligees who are residents of
the United States, and such procedures are substantially in
conformity with the standards prescribed under subsection
(b).
``(2) Revocation.--A declaration with respect to a foreign
country made pursuant to paragraph (1) may be revoked if the
Secretaries of State and Health and Human Services determine
that--
``(A) the procedures established by the foreign country
regarding the establishment
[[Page 1650]]
and enforcement of duties of support have been so changed, or
the foreign country's implementation of such procedures is so
unsatisfactory, that such procedures do not meet the criteria
for such a declaration; or
``(B) continued operation of the declaration is not
consistent with the purposes of this part.
``(3) Form of declaration.--A declaration under paragraph
(1) may be made in the form of an international agreement, in
connection with an international agreement or corresponding
foreign declaration, or on a unilateral basis.
``(b) Standards for Foreign Support Enforcement
Procedures.--
``(1) Mandatory elements.--Support enforcement procedures
of a foreign country which may be the subject of a
declaration pursuant to subsection (a)(1) shall include the
following elements:
``(A) The foreign country (or political subdivision
thereof) has in effect procedures, available to residents of
the United States--
``(i) for establishment of paternity, and for establishment
of orders of support for children and custodial parents; and
``(ii) for enforcement of orders to provide support to
children and custodial parents, including procedures for
collection and appropriate distribution of support payments
under such orders.
``(B) The procedures described in subparagraph (A),
including legal and administrative assistance, are provided
to residents of the United States at no cost.
``(C) An agency of the foreign country is designated as a
Central Authority responsible for--
``(i) facilitating support enforcement in cases involving
residents of the foreign country and residents of the United
States; and
``(ii) ensuring compliance with the standards established
pursuant to this subsection.
``(2) Additional elements.--The Secretary of Health and
Human Services and the Secretary of State, in consultation
with the States, may establish such additional standards as
may be considered necessary to further the purposes of this
section.
``(c) Designation of United States Central Authority.--It
shall be the responsibility of the Secretary of Health and
Human Services to facilitate support enforcement in cases
involving residents of the United States and residents of
foreign countries that are the subject of a declaration under
this section, by activities including--
``(1) development of uniform forms and procedures for use
in such cases;
``(2) notification of foreign reciprocating countries of
the State of residence of individuals sought for support
enforcement purposes, on the basis of information provided by
the Federal Parent Locator Service; and
``(3) such other oversight, assistance, and coordination
activities as the Secretary may find necessary and
appropriate.
``(d) Effect on Other Laws.--States may enter into
reciprocal arrangements for the establishment and enforcement
of support obligations with foreign countries that are not
the subject of a declaration pursuant to subsection (a), to
the extent consistent with Federal law.''.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 4301(b), 4303(a), 4312(b), 4313(a),
4333, 4343(b), 4347, and 4370(a)(2) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (31);
(2) by striking the period at the end of paragraph (32) and
inserting ``; and''; and
(3) by adding after paragraph (32) the following new
paragraph:
``(33)(A) provide that any request for services under this
part by a foreign reciprocating country or a foreign country
with which the State has an arrangement described in section
459A(d)(2) shall be treated as a request by a State;
``(B) provide, at State option, notwithstanding paragraph
(4) or any other provision of this part, for services under
the plan for enforcement of a spousal support order not
described in paragraph (4)(B) entered by such a country (or
subdivision); and
``(C) provide that no applications will be required from,
and no costs will be assessed for such services against, the
foreign reciprocating country or foreign obligee (but costs
may at State option be assessed against the obligor).''.
SEC. 4372. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
4315, 4317(a), 4323, 4365, and 4369 of this Act, is amended
by inserting after paragraph (16) the following new
paragraph:
``(17) Financial institution data matches.--
``(A) In general.--Procedures under which the State agency
shall enter into agreements with financial institutions doing
business in the State--
``(i) to develop and operate, in coordination with such
financial institutions, a data match system, using automated
data exchanges to the maximum extent feasible, in which each
such financial institution is required to provide for each
calendar quarter the name, record address, social security
number or other taxpayer identification number, and other
identifying information for each noncustodial parent who
maintains an account at such institution and who owes past-
due support, as identified by the State by name and social
security number or other taxpayer identification number; and
``(ii) in response to a notice of lien or levy, encumber or
surrender, as the case may be, assets held by such
institution on behalf of any noncustodial parent who is
subject to a child support lien pursuant to paragraph (4).
``(B) Reasonable fees.--The State agency may pay a
reasonable fee to a financial institution for conducting the
data match provided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial institution.
``(C) Liability.--A financial institution shall not be
liable under any Federal or State law to any person--
``(i) for any disclosure of information to the State agency
under subparagraph (A)(i);
``(ii) for encumbering or surrendering any assets held by
such financial institution in response to a notice of lien or
levy issued by the State agency as provided for in
subparagraph (A)(ii); or
``(iii) for any other action taken in good faith to comply
with the requirements of subparagraph (A).
``(D) Definitions.--For purposes of this paragraph--
``(i) Financial institution.--The term `financial
institution' has the meaning given to such term by section
469A(d)(1).
``(ii) Account.--The term `account' means a demand deposit
account, checking or negotiable withdrawal order account,
savings account, time deposit account, or money-market mutual
fund account.''.
SEC. 4373. ENFORCEMENT OF ORDERS AGAINST PATERNAL OR MATERNAL
GRANDPARENTS IN CASES OF MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
4315, 4317(a), 4323, 4365, 4369, and 4372 of this Act, is
amended by inserting after paragraph (17) the following new
paragraph:
``(18) Enforcement of orders against paternal or maternal
grandparents.--Procedures under which, at the State's option,
any child support order enforced under this part with respect
to a child of minor parents, if the custodial parent of such
child is receiving assistance under the State program under
part A, shall be enforceable, jointly and severally, against
the parents of the noncustodial parent of such child.''.
SEC. 4374. NONDISCHARGEABILITY IN BANKRUPTCY OF CERTAIN DEBTS
FOR THE SUPPORT OF A CHILD.
(a) Amendment to Title 11 of the United States Code.--
Section 523(a) of title 11, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; or'';
(3) by adding at the end the following:
``(18) owed under State law to a State or municipality that
is--
``(A) in the nature of support, and
``(B) enforceable under part D of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).''; and
(4) in paragraph (5), by striking ``section 402(a)(26)''
and inserting ``section 408(a)(4)''.
(b) Amendment to the Social Security Act.--Section 456(b)
(42 U.S.C. 656(b)) is amended to read as follows:
``(b) Nondischargeability.--A debt (as defined in section
101 of title 11 of the United States Code) owed under State
law to a State (as defined in such section) or municipality
(as defined in such section) that is in the nature of support
and that is enforceable under this part is not released by a
discharge in bankruptcy under title 11 of the United States
Code.''.
(c) Application of Amendments.--The amendments made by this
section shall apply only with respect to cases commenced
under title 11 of the United States Code after the date of
the enactment of this Act.
CHAPTER 8--MEDICAL SUPPORT
SEC. 4376. CORRECTION TO ERISA DEFINITION OF MEDICAL CHILD
SUPPORT ORDER.
(a) In General.--Section 609(a)(2)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1169(a)(2)(B)) is amended--
(1) by striking ``issued by a court of competent
jurisdiction'';
(2) by striking the period at the end of clause (ii) and
inserting a comma; and
(3) by adding, after and below clause (ii), the following:
``if such judgment, decree, or order (I) is issued by a court
of competent jurisdiction or (II) is issued through an
administrative process established under State law and has
the force and effect of law under applicable State law.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Plan amendments not required until january 1, 1997.--
Any amendment to a plan required to be made by an amendment
made by this section shall not be required to be made before
the 1st plan year beginning on or after January 1, 1997, if--
(A) during the period after the date before the date of the
enactment of this Act and before such 1st plan year, the plan
is operated in accordance with the requirements of the
amendments made by this section; and
(B) such plan amendment applies retroactively to the period
after the date before the date of the enactment of this Act
and before such 1st plan year.
A plan shall not be treated as failing to be operated in
accordance with the provisions of the plan merely because it
operates in accordance with this paragraph.
SEC. 4377. ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
4315, 4317(a), 4323, 4365, 4369, 4372, and 4373 of this Act,
is amended by inserting after paragraph (18) the following
new paragraph:
[[Page 1651]]
``(19) Health care coverage.--Procedures under which all
child support orders enforced pursuant to this part shall
include a provision for the health care coverage of the
child, and in the case in which a noncustodial parent
provides such coverage and changes employment, and the new
employer provides health care coverage, the State agency
shall transfer notice of the provision to the employer, which
notice shall operate to enroll the child in the noncustodial
parent's health plan, unless the noncustodial parent contests
the notice.''.
CHAPTER 9--ENHANCING RESPONSIBILITY AND OPPORTUNITY FOR NON-RESIDENTIAL
PARENTS
SEC. 4381. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
Part D of title IV (42 U.S.C. 651-669), as amended by
section 4353 of this Act, is amended by adding at the end the
following new section:
``SEC. 469B. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
``(a) In General.--The Administration for Children and
Families shall make grants under this section to enable
States to establish and administer programs to support and
facilitate noncustodial parents' access to and visitation of
their children, by means of activities including mediation
(both voluntary and mandatory), counseling, education,
development of parenting plans, visitation enforcement
(including monitoring, supervision and neutral drop-off and
pickup), and development of guidelines for visitation and
alternative custody arrangements.
``(b) Amount of Grant.--The amount of the grant to be made
to a State under this section for a fiscal year shall be an
amount equal to the lesser of--
``(1) 90 percent of State expenditures during the fiscal
year for activities described in subsection (a); or
``(2) the allotment of the State under subsection (c) for
the fiscal year.
``(c) Allotments to States.--
``(1) In general.--The allotment of a State for a fiscal
year is the amount that bears the same ratio to $10,000,000
for grants under this section for the fiscal year as the
number of children in the State living with only 1 biological
parent bears to the total number of such children in all
States.
``(2) Minimum allotment.--The Administration for Children
and Families shall adjust allotments to States under
paragraph (1) as necessary to ensure that no State is
allotted less than--
``(A) $50,000 for fiscal year 1997 or 1998; or
``(B) $100,000 for any succeeding fiscal year.
``(d) No Supplantation of State Expenditures for Similar
Activities.--A State to which a grant is made under this
section may not use the grant to supplant expenditures by the
State for activities specified in subsection (a), but shall
use the grant to supplement such expenditures at a level at
least equal to the level of such expenditures for fiscal year
1995.
``(e) State Administration.--Each State to which a grant is
made under this section--
``(1) may administer State programs funded with the grant,
directly or through grants to or contracts with courts, local
public agencies, or nonprofit private entities;
``(2) shall not be required to operate such programs on a
statewide basis; and
``(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the
Secretary.''.
CHAPTER 10--EFFECTIVE DATES AND CONFORMING AMENDMENTS
SEC. 4391. EFFECTIVE DATES AND CONFORMING AMENDMENTS.
(a) In General.--Except as otherwise specifically provided
(but subject to subsections (b) and (c))--
(1) the provisions of this subtitle requiring the enactment
or amendment of State laws under section 466 of the Social
Security Act, or revision of State plans under section 454 of
such Act, shall be effective with respect to periods
beginning on and after October 1, 1996; and
(2) all other provisions of this subtitle shall become
effective upon the date of the enactment of this Act.
(b) Grace Period for State Law Changes.--The provisions of
this subtitle shall become effective with respect to a State
on the later of--
(1) the date specified in this subtitle, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar
quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of the
enactment of this Act. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate
regular session of the State legislature.
(c) Grace Period for State Constitutional Amendment.--A
State shall not be found out of compliance with any
requirement enacted by this subtitle if the State is unable
to so comply without amending the State constitution until
the earlier of--
(1) 1 year after the effective date of the necessary State
constitutional amendment; or
(2) 5 years after the date of the enactment of this Act.
(d) Conforming Amendments.--
(1) The following provisions are amended by striking
``absent'' each place it appears and inserting
``noncustodial'':
(A) Section 451 (42 U.S.C. 651).
(B) Subsections (a)(1), (a)(8), (a)(10)(E), (a)(10)(F),
(f), and (h) of section 452 (42 U.S.C. 652).
(C) Section 453(f) (42 U.S.C. 653(f)).
(D) Paragraphs (8), (13), and (21)(A) of section 454 (42
U.S.C. 654).
(E) Section 455(e)(1) (42 U.S.C. 655(e)(1)).
(F) Section 458(a) (42 U.S.C. 658(a)).
(G) Subsections (a), (b), and (c) of section 463 (42 U.S.C.
663).
(H) Subsections (a)(3)(A), (a)(3)(C), (a)(6), and
(a)(8)(B)(ii), the last sentence of subsection (a), and
subsections (b)(1), (b)(3)(B), (b)(3)(B)(i), (b)(6)(A)(i),
(b)(9), and (e) of section 466 (42 U.S.C. 666).
(2) The following provisions are amended by striking ``an
absent'' each place it appears and inserting ``a
noncustodial'':
(A) Paragraphs (2) and (3) of section 453(c) (42 U.S.C.
653(c)).
(B) Subparagraphs (B) and (C) of section 454(9) (42 U.S.C.
654(9)).
(C) Section 456(a)(3) (42 U.S.C. 656(a)(3)).
(D) Subsections (a)(3)(A), (a)(6), (a)(8)(B)(i), (b)(3)(A),
and (b)(3)(B) of section 466 (42 U.S.C. 666).
(E) Paragraphs (2) and (4) of section 469(b) (42 U.S.C.
669(b)).
Subtitle D--Restricting Welfare and Public Benefits for Aliens
SEC. 4400. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
The Congress makes the following statements concerning
national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
(2) It continues to be the immigration policy of the United
States that--
(A) aliens within the Nation's borders not depend on public
resources to meet their needs, but rather rely on their own
capabilities and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not constitute an
incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have
been applying for and receiving public benefits from Federal,
State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved wholly
incapable of assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to enact new
rules for eligibility and sponsorship agreements in order to
assure that aliens be self-reliant in accordance with
national immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the
availability of public benefits.
(7) With respect to the State authority to make
determinations concerning the eligibility of qualified aliens
for public benefits in this subtitle, a State that chooses to
follow the Federal classification in determining the
eligibility of such aliens for public assistance shall be
considered to have chosen the least restrictive means
available for achieving the compelling governmental interest
of assuring that aliens be self-reliant in accordance with
national immigration policy.
CHAPTER 1--ELIGIBILITY FOR FEDERAL BENEFITS
SEC. 4401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR
FEDERAL PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined in section 4431) is not
eligible for any Federal public benefit (as defined in
subsection (c)).
(b) Exceptions.--
(1) Subsection (a) shall not apply with respect to the
following Federal public benefits:
(A) Emergency medical services under title XIX of the
Social Security Act.
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
(D) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (i)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (ii) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (iii) are
necessary for the protection of life or safety.
(E) Programs for housing or community development
assistance or financial assistance administered by the
Secretary of Housing and Urban Development, any program under
title V of the Housing Act of 1949, or any assistance under
section 306C of the Consolidated Farm and Rural Development
Act, to the extent that the alien is receiving such a benefit
on the date of the enactment of this Act.
(2) Subsection (a) shall not apply to any benefit payable
under title II of the Social Security Act to an alien who is
lawfully present in the United States as determined by the
Attorney General, to any benefit if
[[Page 1652]]
nonpayment of such benefit would contravene an international
agreement described in section 233 of the Social Security
Act, to any benefit if nonpayment would be contrary to
section 202(t) of the Social Security Act, or to any benefit
payable under title II of the Social Security Act to which
entitlement is based on an application filed in or before the
month in which this Act becomes law.
(c) Federal Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this subtitle the term ``Federal public benefit'' means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States
or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public or
assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of the
United States or by appropriated funds of the United States.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Attorney General, after
consultation with the Secretary of State.
SEC. 4402. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR
CERTAIN FEDERAL PROGRAMS.
(a) Limited Eligibility for Specified Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in paragraph (2), an alien who is a
qualified alien (as defined in section 4431) is not eligible
for any specified Federal program (as defined in paragraph
(3)).
(2) Exceptions.--
(A) Time-limited exception for refugees and asylees.--
Paragraph (1) shall not apply to an alien until 5 years after
the date--
(i) an alien is admitted to the United States as a refugee
under section 207 of the Immigration and Nationality Act;
(ii) an alien is granted asylum under section 208 of such
Act; or
(iii) an alien's deportation is withheld under section
243(h) of such Act.
(B) Certain permanent resident aliens.--Paragraph (1) shall
not apply to an alien who--
(i) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (II) did not receive any Federal means-
tested public benefit (as defined in section 4403(c)) during
any such quarter.
(C) Veteran and active duty exception.--Paragraph (1) shall
not apply to an alien who is lawfully residing in any State
and is--
(i) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(ii) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an
individual described in clause (i) or (ii).
(D) Transition for aliens currently receiving benefits.--
(i) SSI.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(A), during the period
beginning on the date of the enactment of this Act and ending
on the date which is 1 year after such date of enactment, the
Commissioner of Social Security shall redetermine the
eligibility of any individual who is receiving benefits under
such program as of the date of the enactment of this Act and
whose eligibility for such benefits may terminate by reason
of the provisions of this subsection.
(II) Redetermination criteria.-- With respect to any
redetermination under subclause (I), the Commissioner of
Social Security shall apply the eligibility criteria for new
applicants for benefits under such program.
(III) Grandfather provision.--The provisions of this
subsection and the redetermination under subclause (I), shall
only apply with respect to the benefits of an individual
described in subclause (I) for months beginning on or after
the date of the redetermination with respect to such
individual.
(IV) Notice.--Not later than January 1, 1997, the
Commissioner of Social Security shall notify an individual
described in subclause (I) of the provisions of this clause.
(ii) Food stamps.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(B), during the period
beginning on the date of enactment of this Act and ending on
the date which is 1 year after the date of enactment, the
State agency shall, at the time of the recertification,
recertify the eligibility of any individual who is receiving
benefits under such program as of the date of enactment of
this Act and whose eligibility for such benefits may
terminate by reason of the provisions of this subsection.
(II) Recertification criteria.--With respect to any
recertification under subclause (I), the State agency shall
apply the eligibility criteria for applicants for benefits
under such program.
(III) Grandfather provision.--The provisions of this
subsection and the recertification under subclause (I) shall
only apply with respect to the eligibility of an alien for a
program for months beginning on or after the date of
recertification, if on the date of enactment of this Act the
alien is lawfully residing in any State and is receiving
benefits under such program on such date of enactment.
(iii) Medicaid.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(C), during the period
beginning on the date of enactment of this Act and ending on
the date which is 1 year after the date of enactment, the
State agency shall, at the time of the redetermination,
redetermine the eligibility of any individual who is
receiving benefits under such program as of the date of
enactment of this Act and whose eligibility for such benefits
may terminate by reason of the provisions of this subsection.
(II) Redetermination.--With respect to any redetermination
under subclause (I), the State agency shall apply the
eligibility criteria for applicants for benefits under such
program.
(III) Grandfather provision.--The provisions of this
subsection and the redetermination under subclause (I) shall
only apply with respect to the eligibility of an alien for a
program for months beginning on or after the date of
redetermination, if on the date of enactment of this Act the
alien is lawfully residing in any State and is receiving
benefits under such program on such date of enactment.
(3) Specified federal program defined.--For purposes of
this subtitle, the term ``specified Federal program'' means
any of the following:
(A) SSI.--The supplemental security income program under
title XVI of the Social Security Act, including supplementary
payments pursuant to an agreement for Federal administration
under section 1616(a) of the Social Security Act and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66.
(B) Food stamps.--The food stamp program as defined in
section 3(h) of the Food Stamp Act of 1977.
(C) Medicaid.--A State plan approved under title XIX of the
Social Security Act.
(b) Limited Eligibility for Designated Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in section 4403 and paragraph (2), a
State is authorized to determine the eligibility of an alien
who is a qualified alien (as defined in section 4431) for any
designated Federal program (as defined in paragraph (3)).
(2) Exceptions.--Qualified aliens under this paragraph
shall be eligible for any designated Federal program.
(A) Time-limited exception for refugees and asylees.--
(i) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of an alien's entry into the
United States.
(ii) An alien who is granted asylum under section 208 of
such Act until 5 years after the date of such grant of
asylum.
(iii) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such
withholding.
(B) Certain permanent resident aliens.--An alien who--
(i) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 4435, and (II) did not receive any Federal means-
tested public benefit (as defined in section 4403(c)) during
any such quarter.
(C) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(i) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(ii) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an
individual described in clause (i) or (ii).
(D) Transition for those currently receiving benefits.--An
alien who on the date of the enactment of this Act is
lawfully residing in any State and is receiving benefits
under such program on the date of the enactment of this Act
shall continue to be eligible to receive such benefits until
January 1, 1997.
(3) Designated federal program defined.--For purposes of
this subtitle, the term ``designated Federal program'' means
any of the following:
(A) Temporary assistance for needy families.--The program
of block grants to States for temporary assistance for needy
families under part A of title IV of the Social Security Act.
(B) Social services block grant.--The program of block
grants to States for social services under title XX of the
Social Security Act.
[[Page 1653]]
SEC. 4403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS
FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is a
qualified alien (as defined in section 4431) and who enters
the United States on or after the date of the enactment of
this Act is not eligible for any Federal means-tested public
benefit (as defined in subsection (c)) for a period of five
years beginning on the date of the alien's entry into the
United States with a status within the meaning of the term
``qualified alien''.
(b) Exceptions.--The limitation under subsection (a) shall
not apply to the following aliens:
(1) Exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act.
(B) An alien who is granted asylum under section 208 of
such Act.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act.
(2) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(c) Federal Means-tested Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this subtitle, the term ``Federal means-tested public
benefit'' means a public benefit (including cash, medical,
housing, and food assistance and social services) of the
Federal Government in which the eligibility of an individual,
household, or family eligibility unit for benefits, or the
amount of such benefits, or both are determined on the basis
of income, resources, or financial need of the individual,
household, or unit.
(2) Such term does not include the following:
(A) Emergency medical services under title XIX of the
Social Security Act.
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C) Assistance or benefits under the National School Lunch
Act.
(D) Assistance or benefits under the Child Nutrition Act of
1966.
(E) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
(F) Payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act for a
child who would, in the absence of subsection (a), be
eligible to have such payments made on the child's behalf
under such part, but only if the foster or adoptive parent or
parents of such child are not described under subsection (a).
(G) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (i)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (ii) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (iii) are
necessary for the protection of life or safety.
(H) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965.
(I) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(J) Benefits under the Head Start Act.
(K) Benefits under the Job Training Partnership Act.
SEC. 4404. NOTIFICATION AND INFORMATION REPORTING.
(a) Notification.--Each Federal agency that administers a
program to which section 4401, 4402, or 4403 applies shall,
directly or through the States, post information and provide
general notification to the public and to program recipients
of the changes regarding eligibility for any such program
pursuant to this chapter.
(b) Information Reporting Under Title IV of the Social
Security Act.--Part A of title IV of the Social Security Act,
as amended by section 4103(a) of this Act, is amended by
inserting the following new section after section 411:
``SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFORMATION.
``Each State to which a grant is made under section 403
shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service, furnish the
Immigration and Naturalization Service with the name and
address of, and other identifying information on, any
individual who the State knows is unlawfully in the United
States.''.
(c) SSI.--Section 1631(e) of such Act (42 U.S.C. 1383(e))
is amended--
(1) by redesignating the paragraphs (6) and (7) inserted by
sections 206(d)(2) and 206(f)(1) of the Social Security
Independence and Programs Improvement Act of 1994 (Public Law
103-296; 108 Stat. 1514, 1515) as paragraphs (7) and (8),
respectively; and
(2) by adding at the end the following new paragraph:
``(9) Notwithstanding any other provision of law, the
Commissioner shall, at least 4 times annually and upon
request of the Immigration and Naturalization Service
(hereafter in this paragraph referred to as the `Service'),
furnish the Service with the name and address of, and other
identifying information on, any individual who the
Commissioner knows is unlawfully in the United States, and
shall ensure that each agreement entered into under section
1616(a) with a State provides that the State shall furnish
such information at such times with respect to any individual
who the State knows is unlawfully in the United States.''.
(d) Information Reporting for Housing Programs.--Title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended by adding at the end the following new
section:
``SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND
OTHER AGENCIES.
``Notwithstanding any other provision of law, the Secretary
shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service (hereafter in this
section referred to as the `Service'), furnish the Service
with the name and address of, and other identifying
information on, any individual who the Secretary knows is
unlawfully in the United States, and shall ensure that each
contract for assistance entered into under section 6 or 8 of
this Act with a public housing agency provides that the
public housing agency shall furnish such information at such
times with respect to any individual who the public housing
agency knows is unlawfully in the United States.''.
CHAPTER 2--ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS
SEC. 4411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR
NONIMMIGRANTS INELIGIBLE FOR STATE AND LOCAL
PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsections (b) and (d), an alien
who is not--
(1) a qualified alien (as defined in section 4431),
(2) a nonimmigrant under the Immigration and Nationality
Act, or
(3) an alien who is paroled into the United States under
section 212(d)(5) of such Act for less than one year,
is not eligible for any State or local public benefit (as
defined in subsection (c)).
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following State or local public benefits:
(1) Emergency medical services under title XIX of the
Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster
relief.
(3) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
(4) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (A)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (B) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
(c) State or Local Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this chapter the term ``State or local public benefit''
means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of a State or local
government or by appropriated funds of a State or local
government; and
(B) any retirement, welfare, health, disability, public or
assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of a State
or local government or by appropriated funds of a State or
local government.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Secretary of State, after
consultation with the Attorney General.
(d) State Authority to Provide for Eligibility of Illegal
Aliens for State and Local Public Benefits.--A State may
provide that an alien who is not lawfully present in the
United States is eligible for any State or local public
benefit for which such alien would otherwise be ineligible
under subsection (a) only through the enact
[[Page 1654]]
ment of a State law after the date of the enactment of this
Act which affirmatively provides for such eligibility.
SEC. 4412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED
ALIENS FOR STATE PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), a State is
authorized to determine the eligibility for any State public
benefits (as defined in subsection (c) of an alien who is a
qualified alien (as defined in section 4431), a nonimmigrant
under the Immigration and Nationality Act, or an alien who is
paroled into the United States under section 212(d)(5) of
such Act for less than one year.
(b) Exceptions.--Qualified aliens under this subsection
shall be eligible for any State public benefits.
(1) Time-limited exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of an alien's entry into the
United States.
(B) An alien who is granted asylum under section 208 of
such Act until 5 years after the date of such grant of
asylum.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such
withholding.
(2) Certain permanent resident aliens.--An alien who--
(A) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(B)(i) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 4435, and (ii) did not receive any Federal means-
tested public benefit (as defined in section 4403(c)) during
any such quarter.
(3) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(4) Transition for those currently receiving benefits.--An
alien who on the date of the enactment of this Act is
lawfully residing in any State and is receiving benefits on
the date of the enactment of this Act shall continue to be
eligible to receive such benefits until January 1, 1997.
(c) State Public Benefits Defined.--The term ``State public
benefits'' means any means-tested public benefit of a State
or political subdivision of a State under which the State or
political subdivision specifies the standards for
eligibility, and does not include any Federal public benefit.
CHAPTER 3--ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT
SEC. 4421. FEDERAL ATTRIBUTION OF SPONSOR'S INCOME AND
RESOURCES TO ALIEN.
(a) In General.--Notwithstanding any other provision of
law, in determining the eligibility and the amount of
benefits of an alien for any Federal means-tested public
benefits program (as defined in section 4403(c)), the income
and resources of the alien shall be deemed to include the
following:
(1) The income and resources of any person who executed an
affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 4423) on
behalf of such alien.
(2) The income and resources of the spouse (if any) of the
person.
(b) Application.--Subsection (a) shall apply with respect
to an alien until such time as the alien--
(1) achieves United States citizenship through
naturalization pursuant to chapter 2 of title III of the
Immigration and Nationality Act; or
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 4435, and (B) did not receive any Federal means-
tested public benefit (as defined in section 4403(c)) during
any such quarter.
(c) Review of Income and Resources of Alien Upon
Reapplication.--Whenever an alien is required to reapply for
benefits under any Federal means-tested public benefits
program, the applicable agency shall review the income and
resources attributed to the alien under subsection (a).
(d) Application.--
(1) If on the date of the enactment of this Act, a Federal
means-tested public benefits program attributes a sponsor's
income and resources to an alien in determining the alien's
eligibility and the amount of benefits for an alien, this
section shall apply to any such determination beginning on
the day after the date of the enactment of this Act.
(2) If on the date of the enactment of this Act, a Federal
means-tested public benefits program does not attribute a
sponsor's income and resources to an alien in determining the
alien's eligibility and the amount of benefits for an alien,
this section shall apply to any such determination beginning
180 days after the date of the enactment of this Act.
SEC. 4422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF
SPONSORS INCOME AND RESOURCES TO THE ALIEN WITH
RESPECT TO STATE PROGRAMS.
(a) Optional Application to State Programs.--Except as
provided in subsection (b), in determining the eligibility
and the amount of benefits of an alien for any State public
benefits (as defined in section 4412(c)), the State or
political subdivision that offers the benefits is authorized
to provide that the income and resources of the alien shall
be deemed to include--
(1) the income and resources of any individual who executed
an affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 4423) on
behalf of such alien, and
(2) the income and resources of the spouse (if any) of the
individual.
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following State public benefits:
(1) Emergency medical services.
(2) Short-term, non-cash, in-kind emergency disaster
relief.
(3) Programs comparable to assistance or benefits under the
National School Lunch Act.
(4) Programs comparable to assistance or benefits under the
Child Nutrition Act of 1966.
(5) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General of a State, after
consultation with appropriate agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies; (B)
do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
SEC. 4423. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II of the Immigration and
Nationality Act is amended by inserting after section 213 the
following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--(1) No affidavit of
support may be accepted by the Attorney General or by any
consular officer to establish that an alien is not excludable
as a public charge under section 212(a)(4) unless such
affidavit is executed as a contract--
``(A) which is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, and by any State
(or any political subdivision of such State) which provides
any means-tested public benefits program, but not later than
10 years after the alien last receives any such benefit;
``(B) in which the sponsor agrees to financially support
the alien, so that the alien will not become a public charge;
and
``(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (e)(2).
``(2) A contract under paragraph (1) shall be enforceable
with respect to benefits provided to the alien until such
time as the alien achieves United States citizenship through
naturalization pursuant to chapter 2 of title III.
``(b) Forms.--Not later than 90 days after the date of
enactment of this section, the Attorney General, in
consultation with the Secretary of State and the Secretary of
Health and Human Services, shall formulate an affidavit of
support consistent with the provisions of this section.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for
specific performance and payment of legal fees and other
costs of collection, and include corresponding remedies
available under State law. A Federal agency may seek to
collect amounts owed under this section in accordance with
the provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(d) Notification of Change of Address.--
``(1) In general.--The sponsor shall notify the Attorney
General and the State in which the sponsored alien is
currently resident within 30 days of any change of address of
the sponsor during the period specified in subsection (a)(2).
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the alien
has received any means-tested public benefit, not less than
$2,000 or more than $5,000.
``(e) Reimbursement of Government Expenses.--(1)(A) Upon
notification that a sponsored alien has received any benefit
under any means-tested public benefits program, the
appropriate Federal, State, or local official shall request
reimbursement by the sponsor in the amount of such
assistance.
``(B) The Attorney General, in consultation with the
Secretary of Health and Human
[[Page 1655]]
Services, shall prescribe such regulations as may be
necessary to carry out subparagraph (A).
``(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received
a response from the sponsor indicating a willingness to
commence payments, an action may be brought against the
sponsor pursuant to the affidavit of support.
``(3) If the sponsor fails to abide by the repayment terms
established by such agency, the agency may, within 60 days of
such failure, bring an action against the sponsor pursuant to
the affidavit of support.
``(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits program.
``(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement from
the sponsor in the amount of assistance provided, or brings
an action against the sponsor pursuant to the affidavit of
support, the appropriate agency may appoint or hire an
individual or other person to act on behalf of such agency
acting under the authority of law for purposes of collecting
any moneys owed. Nothing in this subsection shall preclude
any appropriate Federal, State, or local agency from directly
requesting reimbursement from a sponsor for the amount of
assistance provided, or from bringing an action against a
sponsor pursuant to an affidavit of support.
``(f) Definitions.--For the purposes of this section--
``(1) Sponsor.--The term `sponsor' means an individual
who--
``(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(B) is 18 years of age or over;
``(C) is domiciled in any of the 50 States or the District
of Columbia; and
``(D) is the person petitioning for the admission of the
alien under section 204.
``(2) Means-tested public benefits program.--The term
`means-tested public benefits program' means a program of
public benefits (including cash, medical, housing, and food
assistance and social services) of the Federal Government or
of a State or political subdivision of a State in which the
eligibility of an individual, household, or family
eligibility unit for benefits under the program, or the
amount of such benefits, or both are determined on the basis
of income, resources, or financial need of the individual,
household, or unit.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
213 the following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(c) Effective Date.--Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection
(a) of this section, shall apply to affidavits of support
executed on or after a date specified by the Attorney
General, which date shall be not earlier than 60 days (and
not later than 90 days) after the date the Attorney General
formulates the form for such affidavits under subsection (b)
of such section.
(d) Benefits Not Subject to Reimbursement.--Requirements
for reimbursement by a sponsor for benefits provided to a
sponsored alien pursuant to an affidavit of support under
section 213A of the Immigration and Nationality Act shall not
apply with respect to the following:
(1) Emergency medical services under title XIX of the
Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster
relief.
(3) Assistance or benefits under the National School Lunch
Act.
(4) Assistance or benefits under the Child Nutrition Act of
1966.
(5) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
(6) Payments for foster care and adoption assistance under
part B of title IV of the Social Security Act for a child,
but only if the foster or adoptive parent or parents of such
child are not otherwise ineligible pursuant to section 4403
of this Act.
(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (A)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (B) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965.
(9) Benefits under the Head Start Act.
(10) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(11) Benefits under the Job Training Partnership Act.
CHAPTER 4--GENERAL PROVISIONS
SEC. 4431. DEFINITIONS.
(a) In General.--Except as otherwise provided in this
subtitle, the terms used in this subtitle have the same
meaning given such terms in section 101(a) of the Immigration
and Nationality Act.
(b) Qualified Alien.--For purposes of this subtitle, the
term ``qualified alien'' means an alien who, at the time the
alien applies for, receives, or attempts to receive a Federal
public benefit, is--
(1) an alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208 of
such Act,
(3) a refugee who is admitted to the United States under
section 207 of such Act,
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act for a period of at least 1
year,
(5) an alien whose deportation is being withheld under
section 243(h) of such Act, or
(6) an alien who is granted conditional entry pursuant to
section 203(a)(7) of such Act as in effect prior to April 1,
1980.
SEC. 4432. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC
BENEFITS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Attorney General of the United
States, after consultation with the Secretary of Health and
Human Services, shall promulgate regulations requiring
verification that a person applying for a Federal public
benefit (as defined in section 4401(c)), to which the
limitation under section 4401 applies, is a qualified alien
and is eligible to receive such benefit. Such regulations
shall, to the extent feasible, require that information
requested and exchanged be similar in form and manner to
information requested and exchanged under section 1137 of the
Social Security Act.
(b) State Compliance.--Not later than 24 months after the
date the regulations described in subsection (a) are adopted,
a State that administers a program that provides a Federal
public benefit shall have in effect a verification system
that complies with the regulations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
SEC. 4433. STATUTORY CONSTRUCTION.
(a) Limitation.--
(1) Nothing in this subtitle may be construed as an
entitlement or a determination of an individual's eligibility
or fulfillment of the requisite requirements for any Federal,
State, or local governmental program, assistance, or
benefits. For purposes of this subtitle, eligibility relates
only to the general issue of eligibility or ineligibility on
the basis of alienage.
(2) Nothing in this subtitle may be construed as addressing
alien eligibility for a basic public education as determined
by the Supreme Court of the United States under Plyler v. Doe
(457 U.S. 202)(1982).
(b) Not Applicable to Foreign Assistance.--This subtitle
does not apply to any Federal, State, or local governmental
program, assistance, or benefits provided to an alien under
any program of foreign assistance as determined by the
Secretary of State in consultation with the Attorney General.
(c) Severability.--If any provision of this subtitle or the
application of such provision to any person or circumstance
is held to be unconstitutional, the remainder of this
subtitle and the application of the provisions of such to any
person or circumstance shall not be affected thereby.
SEC. 4434. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT
AGENCIES AND THE IMMIGRATION AND NATURALIZATION
SERVICE.
Notwithstanding any other provision of Federal, State, or
local law, no State or local government entity may be
prohibited, or in any way restricted, from sending to or
receiving from the Immigration and Naturalization Service
information regarding the immigration status, lawful or
unlawful, of an alien in the United States.
SEC. 4435. QUALIFYING QUARTERS.
For purposes of this subtitle, in determining the number of
qualifying quarters of coverage under title II of the Social
Security Act an alien shall be credited with--
(1) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18 if the parent
did not receive any Federal means-tested public benefit (as
defined in section 4403(c)) during any such quarter, and
(2) all of the qualifying quarters worked by a spouse of
such alien during their marriage if the spouse did not
receive any Federal means-tested public benefit (as defined
in section 4403(c)) during any such quarter and the alien
remains married to such spouse or such spouse is deceased.
CHAPTER 5--CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING
SEC. 4441. CONFORMING AMENDMENTS RELATING TO ASSISTED
HOUSING.
(a) Limitations on Assistance.--Section 214 of the Housing
and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended--
(1) by striking ``Secretary of Housing and Urban
Development'' each place it appears and inserting
``applicable Secretary'';
(2) in subsection (b), by inserting after ``National
Housing Act,'' the following: ``the direct loan program under
section 502 of the Housing Act of 1949 or section
502(c)(5)(D), 504, 521(a)(2)(A), or 542 of such Act, subtitle
A of title III of the Cranston-Gonzalez National Affordable
Housing Act,'';
[[Page 1656]]
(3) in paragraphs (2) through (6) of subsection (d), by
striking ``Secretary'' each place it appears and inserting
``applicable Secretary'';
(4) in subsection (d), in the matter following paragraph
(6), by striking ``the term `Secretary''' and inserting ``the
term `applicable Secretary'''; and
(5) by adding at the end the following new subsection:
``(h) For purposes of this section, the term `applicable
Secretary' means--
``(1) the Secretary of Housing and Urban Development, with
respect to financial assistance administered by such
Secretary and financial assistance under subtitle A of title
III of the Cranston-Gonzalez National Affordable Housing Act;
and
``(2) the Secretary of Agriculture, with respect to
financial assistance administered by such Secretary.''.
(b) Conforming Amendments.--Section 501(h) of the Housing
Act of 1949 (42 U.S.C. 1471(h)) is amended--
(1) by striking ``(1)'';
(2) by striking ``by the Secretary of Housing and Urban
Development''; and
(3) by striking paragraph (2).
CHAPTER 6--EARNED INCOME CREDIT DENIED TO UNAUTHORIZED EMPLOYEES
SEC. 4451. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT
AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to individuals eligible to claim the
earned income credit) is amended by adding at the end the
following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual who
does not include on the return of tax for the taxable year--
``(i) such individual's taxpayer identification number, and
``(ii) if the individual is married (within the meaning of
section 7703), the taxpayer identification number of such
individual's spouse.''.
(b) Special Identification Number.--Section 32 of such Code
is amended by adding at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of
subsections (c)(1)(F) and (c)(3)(D), a taxpayer
identification number means a social security number issued
to an individual by the Social Security Administration (other
than a social security number issued pursuant to clause (II)
(or that portion of clause (III) that relates to clause (II))
of section 205(c)(2)(B)(i) of the Social Security Act).''.
(c) Extension of Procedures Applicable to Mathematical or
Clerical Errors.--Section 6213(g)(2) of such Code (relating
to the definition of mathematical or clerical errors) is
amended by striking ``and' at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and
inserting a comma, and by inserting after subparagraph (E)
the following new subparagraphs:
``(F) an omission of a correct taxpayer identification
number required under section 32 (relating to the earned
income tax credit) to be included on a return, and
``(G) an entry on a return claiming the credit under
section 32 with respect to net earnings from self-employment
described in section 32(c)(2)(A) to the extent the tax
imposed by section 1401 (relating to self-employment tax) on
such net earnings has not been paid.''
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
Subtitle E--Reform of Public Housing
SEC. 4601. FRAUD UNDER MEANS-TESTED WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
(a) In General.--If an individual's benefits under a
Federal, State, or local law relating to a means-tested
welfare or a public assistance program are reduced because of
an act of fraud by the individual under the law or program,
the individual may not, for the duration of the reduction,
receive an increased benefit under any other means-tested
welfare or public assistance program for which Federal funds
are appropriated as a result of a decrease in the income of
the individual (determined under the applicable program)
attributable to such reduction.
(b) Welfare or Public Assistance Programs for Which Federal
Funds Are Appropriated.--For purposes of subsection (a), the
term ``means-tested welfare or public assistance program for
which Federal funds are appropriated'' includes the food
stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.), any program of public or assisted housing under
title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), and State programs funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.).
Subtitle F--Child Protection Block Grant Programs and Foster Care,
Adoption Assistance, and Independent Living Programs
CHAPTER 1--CHILD PROTECTION BLOCK GRANT PROGRAM AND FOSTER CARE,
ADOPTION ASSISTANCE, AND INDEPENDENT LIVING PROGRAMS
Subchapter A--Block Grants to States for the Protection of Children
SEC. 4701. ESTABLISHMENT OF PROGRAM.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.)
is amended by striking part B and inserting the following:
``PART B--BLOCK GRANTS TO STATES FOR THE PROTECTION OF CHILDREN
``SEC. 421. PURPOSE.
``The purpose of this part is to enable eligible States to
carry out a child protection program to--
``(1) identify and assist families at risk of abusing or
neglecting their children;
``(2) operate a system for receiving reports of abuse or
neglect of children;
``(3) improve the intake, assessment, screening, and
investigation of reports of abuse and neglect;
``(4) enhance the general child protective system by
improving risk and safety assessment tools and protocols;
``(5) improve legal preparation and representation,
including procedures for appealing and responding to appeals
of substantiated reports of abuse and neglect;
``(6) provide support, treatment, and family preservation
services to families which are, or are at risk of, abusing or
neglecting their children;
``(7) support children who must be removed from or who
cannot live with their families;
``(8) make timely decisions about permanent living
arrangements for children who must be removed from or who
cannot live with their families;
``(9) provide for continuing evaluation and improvement of
child protection laws, regulations, and services;
``(10) develop and facilitate training protocols for
individuals mandated to report child abuse or neglect; and
``(11) develop and enhance the capacity of community-based
programs to integrate shared leadership strategies between
parents and professionals to prevent and treat child abuse
and neglect at the neighborhood level.
``SEC. 422. ELIGIBLE STATES.
``(a) In General.--As used in this part, the term `eligible
State' means a State that has submitted to the Secretary, not
later than October 1, 1996, and every 3 years thereafter, a
plan which has been signed by the chief executive officer of
the State and that includes the following:
``(1) Outline of child protection program.--A written
document that outlines the activities the State intends to
conduct to achieve the purpose of this part, including the
procedures to be used for--
``(A) receiving and assessing reports of child abuse or
neglect;
``(B) investigating such reports;
``(C) with respect to families in which abuse or neglect
has been confirmed, providing services or referral for
services for families and children where the State makes a
determination that the child may safely remain with the
family;
``(D) protecting children by removing them from dangerous
settings and ensuring their placement in a safe environment;
``(E) providing training for individuals mandated to report
suspected cases of child abuse or neglect;
``(F) protecting children in foster care;
``(G) promoting timely adoptions;
``(H) protecting the rights of families, using adult
relatives as the preferred placement for children separated
from their parents where such relatives meet the relevant
State child protection standards; and
``(I) providing services to individuals, families, or
communities, either directly or through referral, that are
aimed at preventing the occurrence of child abuse and
neglect.
``(2) Certification of state law requiring the reporting of
child abuse and neglect.--A certification that the State has
in effect laws that require public officials and other
professionals to report, in good faith, actual or suspected
instances of child abuse or neglect.
``(3) Certification of procedures for screening, safety
assessment, and prompt investigation.--A certification that
the State has in effect procedures for receiving and
responding to reports of child abuse or neglect, including
the reports described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investigation of
such reports.
``(4) Certification of state procedures for removal and
placement of abused or neglected children.--A certification
that the State has in effect procedures for the removal from
families and placement of abused or neglected children and of
any other child in the same household who may also be in
danger of abuse or neglect.
``(5) Certification of provisions for immunity from
prosecution.--A certification that the State has in effect
laws requiring immunity from prosecution under State and
local laws and regulations for individuals making good faith
reports of suspected or known instances of child abuse or
neglect.
``(6) Certification of provisions and procedures relating
to appeals.--A certification that not later than 2 years
after the date of the enactment of this part, the State shall
have laws and procedures in effect affording individuals an
opportunity to appeal an official finding of abuse or
neglect.
``(7) Certification of state procedures for developing and
reviewing written plans for permanent placement of removed
children.--A certification that the State has in effect
procedures for ensuring that a written plan is prepared for
children who have been removed from their families. Such plan
shall specify the goals for achieving a permanent placement
for the child in a timely fashion, for ensuring that the
written plan is reviewed every 6 months (until such placement
is achieved), and for ensuring that information about such
children is collected
[[Page 1657]]
regularly and recorded in case records, and include a
description of such procedures.
``(8) Certification of state program to provide independent
living services.--A certification that the State has in
effect a program to provide independent living services, for
assistance in making the transition to self-sufficient
adulthood, to individuals in the child protection program of
the State who are 16, but who are not 20 (or, at the option
of the State, 22), years of age, and who do not have a family
to which to be returned.
``(9) Certification of state procedures to respond to
reporting of medical neglect of disabled infants.--
``(A) In general.--A certification that the State has in
place for the purpose of responding to the reporting of
medical neglect of infants (including instances of
withholding of medically indicated treatment from disabled
infants with life-threatening conditions), procedures or
programs, or both (within the State child protective services
system), to provide for--
``(i) coordination and consultation with individuals
designated by and within appropriate health-care facilities;
``(ii) prompt notification by individuals designated by and
within appropriate health-care facilities of cases of
suspected medical neglect (including instances of withholding
of medically indicated treatment from disabled infants with
life-threatening conditions); and
``(iii) authority, under State law, for the State child
protective service to pursue any legal remedies, including
the authority to initiate legal proceedings in a court of
competent jurisdiction, as may be necessary to prevent the
withholding of medically indicated treatment from disabled
infants with life-threatening conditions.
``(B) Withholding of medically indicated treatment.--As
used in subparagraph (A), the term `withholding of medically
indicated treatment' means the failure to respond to the
infant's life-threatening conditions by providing treatment
(including appropriate nutrition, hydration, and medication)
which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in
ameliorating or correcting all such conditions, except that
such term does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or medication)
to an infant when, in the treating physician's or physicians'
reasonable medical judgment--
``(i) the infant is chronically and irreversibly comatose;
``(ii) the provision of such treatment would--
``(I) merely prolong dying;
``(II) not be effective in ameliorating or correcting all
of the infant's life-threatening conditions; or
``(III) otherwise be futile in terms of the survival of the
infant; or
``(iii) the provision of such treatment would be virtually
futile in terms of the survival of the infant and the
treatment itself under such circumstances would be inhumane.
``(10) Identification of child protection goals.--The
quantitative goals of the State child protection program.
``(11) Certification of child protection standards.--With
respect to fiscal years beginning on or after April 1, 1996,
a certification that the State--
``(A) has completed an inventory of all children who,
before the inventory, had been in foster care under the
responsibility of the State for 6 months or more, which
determined--
``(i) the appropriateness of, and necessity for, the foster
care placement;
``(ii) whether the child could or should be returned to the
parents of the child or should be freed for adoption or other
permanent placement; and
``(iii) the services necessary to facilitate the return of
the child or the placement of the child for adoption or legal
guardianship;
``(B) is operating, to the satisfaction of the Secretary--
``(i) a statewide information system from which can be
readily determined the status, demographic characteristics,
location, and goals for the placement of every child who is
(or, within the immediately preceding 12 months, has been) in
foster care;
``(ii) a case review system for each child receiving foster
care under the supervision of the State;
``(iii) a service program designed to help children--
``(I) where appropriate, return to families from which they
have been removed; or
``(II) be placed for adoption, with a legal guardian, or if
adoption or legal guardianship is determined not to be
appropriate for a child, in some other planned, permanent
living arrangement; and
``(iv) a preplacement preventive services program designed
to help children at risk for foster care placement remain
with their families; and
``(C)(i) has reviewed (or not later than October 1, 1997,
will review) State policies and administrative and judicial
procedures in effect for children abandoned at or shortly
after birth (including policies and procedures providing for
legal representation of such children); and
``(ii) is implementing (or not later than October 1, 1997,
will implement) such policies and procedures as the State
determines, on the basis of the review described in clause
(i), to be necessary to enable permanent decisions to be made
expeditiously with respect to the placement of such children.
``(12) Certification of reasonable efforts before placement
of children in foster care.--A certification that the State
in each case will--
``(A) make reasonable efforts prior to the placement of a
child in foster care, to prevent or eliminate the need for
removal of the child from the child's home, and to make it
possible for the child to return home; and
``(B) with respect to families in which abuse or neglect
has been confirmed, provide services or referral for services
for families and children where the State makes a
determination that the child may safely remain with the
family.
``(13) Certification of cooperative efforts.--A
certification by the State, where appropriate, that all steps
will be taken, including cooperative efforts with the State
agencies administering the plans approved under parts A and
D, to secure an assignment to the State of any rights to
support on behalf of each child receiving foster care
maintenance payments under part E.
``(14) Certification of confidentiality and requirements
for information disclosure.--
``(A) In general.--A certification that the State has in
effect and operational--
``(i) requirements ensuring that reports and records made
and maintained pursuant to the purposes of this part shall
only be made available to--
``(I) individuals who are the subject of the report;
``(II) Federal, State, or local government entities, or any
agent of such entities, having a need for such information in
order to carry out their responsibilities under law to
protect children from abuse and neglect;
``(III) child abuse citizen review panels;
``(IV) child fatality review panels;
``(V) a grand jury or court, upon a finding that
information in the record is necessary for the determination
of an issue before the court or grand jury; and
``(VI) other entities or classes of individuals statutorily
authorized by the State to receive such information pursuant
to a legitimate State purpose; and
``(ii) provisions that allow for public disclosure of the
findings or information about cases of child abuse or neglect
that have resulted in a child fatality or near fatality.
``(B) Limitation.--Disclosures made pursuant to clause (i)
or (ii) shall not include the identifying information
concerning the individual initiating a report or complaint
alleging suspected instances of child abuse or neglect.
``(C) Definition.--For purposes of this paragraph, the term
`near fatality' means an act that, as certified by a
physician, places the child in serious or critical condition.
``(b) Determinations.--The Secretary shall determine
whether a plan submitted pursuant to subsection (a) contains
the material required by subsection (a), other than the
material described in paragraph (9) of such subsection. The
Secretary may not require a State to include in such a plan
any material not described in subsection (a).
``SEC. 423. GRANTS TO STATES FOR CHILD PROTECTION.
``(a) Funding of Block Grants.--
``(1) Entitlement component.--
``(A) Eligible states.--Each eligible State shall be
entitled to receive from the Secretary for each fiscal year
specified in subsection (b)(1) a grant in an amount equal to
the State share of 99 percent of the child protection amount
for the fiscal year.
``(B) Indian tribes and tribal organizations.--The
Secretary shall reserve for payments to Indian tribes (as
defined in section 658P(7) of the Child Care and Development
Block Grant Act of 1990) and tribal organizations (as defined
in section 658P(14) of such Act) for each fiscal year
specified in subsection (b)(1) an amount equal to 1 percent
of the child protection amount for the fiscal year.
``(2) Authorization component.--
``(A) In general.--
``(i) Eligible states.--For each eligible State for each
fiscal year specified in subsection (b)(1), the Secretary
shall supplement the grant under paragraph (1)(A) of this
subsection by an amount equal to the State share of 99.64
percent of the amount (if any) appropriated pursuant to
subparagraph (B) of this paragraph for the fiscal year.
``(ii) Indian tribes and tribal organizations.--The
Secretary shall supplement the amount reserved for payments
pursuant to paragraph (1)(B) of this subsection for each
fiscal year specified in subsection (b)(1), by an amount
equal to 0.36 percent of the amount (if any) appropriated
pursuant to subparagraph (B) of this paragraph for the fiscal
year.
``(B) Limitation on authorization of appropriations.--For
grants under subparagraph (A), there are authorized to be
appropriated to the Secretary an amount not to exceed
$325,000,000 for each fiscal year specified in subsection
(b)(1).
``(b) Definitions.--As used in this section:
``(1) Child protection amount.--The term `child protection
amount' means--
``(A) $240,000,000 for fiscal year 1997;
``(B) $255,000,000 for fiscal year 1998;
``(C) $262,000,000 for fiscal year 1999;
``(D) $270,000,000 for fiscal year 2000;
``(E) $278,000,000 for fiscal year 2001; and
``(F) $286,000,000 for fiscal year 2002;
``(2) State share.--
``(A) In general.--The term `State share' means the
qualified child protection expenses of the State divided by
the sum of the qualified child protection expenses of all of
the States.
``(B) Qualified child protection expenses.--The term
`qualified child protec
[[Page 1658]]
tion expenses' means, with respect to a State the greater
of--
``(i) the total amount of one-third of the Federal grant
amounts to the State under the provisions of law specified in
clauses (i) and (ii) of subparagraph (C) for fiscal years
1992, 1993, and 1994; or
``(ii) the total amount of the Federal grant amounts to the
State under the provisions of law specified in clauses (i)
and (ii) of subparagraph (C) for fiscal year 1994.
``(C) Provisions of law.--The provisions of law specified
in this subparagraph are the following (as in effect with
respect to each of the fiscal years referred to in
subparagraph (B)):
``(i) Section 423 of this Act.
``(ii) Section 434 of this Act.
``(D) Determination of information.--In determining amounts
for fiscal years 1992, 1993, and 1994 under clauses (i) and
(ii) of subparagraph (B), the Secretary shall use information
listed as actual amounts in the Justification for Estimates
for Appropriation Committees of the Administration for
Children and Families for fiscal years 1994, 1995, and 1996,
respectively.
``(c) Use of Grant.--
``(1) In general.--A State to which a grant is made under
this section may use the grant in any manner that the State
deems appropriate to accomplish the purpose of this part.
``(2) Timing of expenditures.--A State to which a grant is
made under this section for a fiscal year shall expend the
total amount of the grant not later than the end of the
immediately succeeding fiscal year.
``(3) Rule of interpretation.--This part shall not be
interpreted to prohibit short- and long-term foster care
facilities operated for profit from receiving funds provided
under this part or part E.
``(4) Prohibition against use of funds for foster care
maintenance or adoption assistance payments.--Funds provided
under this part shall not be used to make foster care
maintenance payments or adoption assistance payments under
any State plan approved under part E.
``(d) Timing of Payments.--The Secretary shall pay each
eligible State the amount of the grant payable to the State
under this section in quarterly installments.
``(e) Penalties.--
``(1) For use of grant in violation of this part.--If an
audit conducted pursuant to chapter 75 of title 31, United
States Code, finds that an amount paid to a State under
this section for a fiscal year has been used in violation
of this part, then the Secretary shall reduce the amount
of the grant that would (in the absence of this paragraph)
be payable to the State under this section for the
immediately succeeding fiscal year by the amount so used,
plus 5 percent of the grant paid under this section to the
State for such fiscal year.
``(2) For failure to maintain effort.--
``(A) In general.--If an audit conducted pursuant to
chapter 75 of title 31, United States Code, finds that the
amount expended by a State (other than from amounts provided
by the Federal Government) during the fiscal years specified
in subparagraph (B), to carry out the State program funded
under this part is less than the applicable percentage
specified in such subparagraph of the total amount expended
by the State (other than from amounts provided by the Federal
Government) during fiscal year 1994 under part B of this
title (as in effect on the day before the date of the
enactment of this part), then the Secretary shall reduce the
amount of the grant that would (in the absence of this
paragraph) be payable to the State under this section for the
immediately succeeding fiscal year by the amount of the
difference, plus 5 percent of the grant paid under this
section to the State for such fiscal year.
``(B) Specification of fiscal years and applicable
percentages.--The fiscal years and applicable percentages
specified in this subparagraph are as follows:
``(i) For fiscal years 1997 and 1998, 100 percent.
``(ii) For fiscal years 1999 through 2002, 75 percent.
``(3) For failure to submit required report.--
``(A) In general.--The Secretary shall reduce by 3 percent
the amount of the grant that would (in the absence of this
paragraph) be payable to a State under this section for a
fiscal year if the Secretary determines that the State has
not submitted the report required by section 424 for the
immediately preceding fiscal year, within 6 months after the
end of the immediately preceding fiscal year.
``(B) Rescission of penalty.--The Secretary shall rescind a
penalty imposed on a State under subparagraph (A) with
respect to a report for a fiscal year if the State submits
the report before the end of the immediately succeeding
fiscal year.
``(4) State funds to replace reductions in grant.--A State
which has a penalty imposed against it under this subsection
for a fiscal year shall expend additional State funds in an
amount equal to the amount of the penalty for the purpose of
carrying out the State program under this part during the
immediately succeeding fiscal year.
``(5) Reasonable cause exception.--Except in the case of
the penalty described in paragraph (2), the Secretary may not
impose a penalty on a State under this subsection with
respect to a requirement if the Secretary determines that the
State has reasonable cause for failing to comply with the
requirement.
``(6) Corrective compliance plan.--
``(A) In general.--
``(i) Notification of violation.--Before imposing a penalty
against a State under this subsection with respect to a
violation of this part, the Secretary shall notify the State
of the violation and allow the State the opportunity to enter
into a corrective compliance plan in accordance with this
paragraph which outlines how the State will correct the
violation and how the State will insure continuing compliance
with this part.
``(ii) 60-day period to propose a corrective compliance
plan.--During the 60-day period that begins on the date the
State receives a notice provided under clause (i) with
respect to a violation, the State may submit to the Federal
Government a corrective compliance plan to correct the
violation.
``(iii) Consultation about modifications.--During the 60-
day period that begins with the date the Secretary receives a
corrective compliance plan submitted by a State in accordance
with clause (ii), the Secretary may consult with the State on
modifications to the plan.
``(iv) Acceptance of plan.--A corrective compliance plan
submitted by a State in accordance with clause (ii) is deemed
to be accepted by the Secretary if the Secretary does not
accept or reject the plan during the 60-day period that
begins on the date the plan is submitted.
``(B) Effect of correcting violation.--The Secretary may
not impose any penalty under this subsection with respect to
any violation covered by a State corrective compliance plan
accepted by the Secretary if the State corrects the violation
pursuant to the plan.
``(C) Effect of failing to correct violation.--The
Secretary shall assess some or all of a penalty imposed on a
State under this subsection with respect to a violation if
the State does not, in a timely manner, correct the violation
pursuant to a State corrective compliance plan accepted by
the Secretary.
``(7) Limitation on amount of penalty.--
``(A) In general.--In imposing the penalties described in
this subsection, the Secretary shall not reduce any quarterly
payment to a State by more than 25 percent.
``(B) Carryforward of unrecovered penalties.--To the extent
that subparagraph (A) prevents the Secretary from recovering
during a fiscal year the full amount of all penalties imposed
on a State under this subsection for a prior fiscal year, the
Secretary shall apply any remaining amount of such penalties
to the grant payable to the State under subsection (a) for
the immediately succeeding fiscal year.
``(f) Treatment of Territories.--
``(1) In general.--A territory, as defined in section
1108(b)(1), shall carry out a child protection program in
accordance with the provisions of this part.
``(2) Payments.--Subject to the mandatory ceiling amounts
specified in section 1108, each territory, as so defined,
shall be entitled to receive from the Secretary for any
fiscal year an amount equal to the total obligations to the
territory under section 434 (as in effect on the day before
the date of the enactment of this part) for fiscal year 1995.
``(g) Limitation on Federal Authority.--Except as expressly
provided in this Act, the Secretary may not regulate the
conduct of States under this part or enforce any provision of
this part.
``SEC. 424. DATA COLLECTION AND REPORTING.
``(a) National Child Abuse and Neglect Data System.--The
Secretary shall establish a national data collection and
analysis program--
``(1) which, to the extent practicable, coordinates
existing State child abuse and neglect reports and which
shall include--
``(A) standardized data on substantiated, as well as false,
unfounded, or unsubstantiated reports; and
``(B) information on the number of deaths due to child
abuse and neglect; and
``(2) which shall collect, compile, analyze, and make
available State child abuse and neglect reporting information
which, to the extent practical, is universal and case-
specific and integrated with other case-based foster care and
adoption data collected by the Secretary.
``(b) Adoption and Foster Care and Analysis and Reporting
Systems.--The Secretary shall implement a system for the
collection of data relating to adoption and foster care in
the United States. Such data collection system shall--
``(1) avoid unnecessary diversion of resources from
agencies responsible for adoption and foster care;
``(2) assure that any data that is collected is reliable
and consistent over time and among jurisdictions through the
use of uniform definitions and methodologies;
``(3) provide comprehensive national information with
respect to--
``(A) the demographic characteristics of adoptive and
foster children and their biological and adoptive or foster
parents;
``(B) the status of the foster care population (including
the number of children in foster care, length of placement,
type of placement, availability for adoption, and goals for
ending or continuing foster care);
``(C) the number and characteristics of--
``(i) children placed in or removed from foster care;
``(ii) children adopted or with respect to whom adoptions
have been terminated; and
``(iii) children placed in foster care outside the State
which has placement and care responsibility; and
``(D) the extent and nature of assistance provided by
Federal, State, and local adop
[[Page 1659]]
tion and foster care programs and the characteristics of the
children with respect to whom such assistance is provided;
and
``(4) utilize appropriate requirements and incentives to
ensure that the system functions reliably throughout the
United States.
``(c) Additional Information.--The Secretary may require
the provision of additional information under the data
collection system established under subsection (b) if the
addition of such information is agreed to by a majority of
the States.
``(d) Annual Report by the Secretary.--Not later than 6
months after the end of each fiscal year, the Secretary shall
prepare a report based on information provided by the States
for the fiscal year pursuant to this section, and shall make
the report and such information available to the Congress and
the public.
``SEC. 425. FUNDING FOR STUDIES OF CHILD WELFARE.
``(a) National Random Sample Study of Child Welfare.--There
are authorized to be appropriated and there are appropriated
to the Secretary for each of fiscal years 1996 through 2002--
``(1) $6,000,000 to conduct a national study based on
random samples of children who are at risk of child abuse or
neglect, or are determined by States to have been abused or
neglected under section 208 of the Child and Family Services
Block Grant Act of 1996; and
``(2) $10,000,000 for such other research as may be
necessary under such section.
``(b) Assessment of State Courts Improvement of Handling of
Proceedings Relating to Foster Care and Adoption.--There are
authorized to be appropriated and there are appropriated to
the Secretary for each of fiscal years 1996 through 1998
$10,000,000 for the purpose of carrying out section 13712 of
the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 670
note). All funds appropriated under this subsection shall be
expended not later than September 30, 1999.
``SEC. 426. DEFINITIONS.
``For purposes of this part and part E, the following
definitions shall apply:
``(1) Administrative review.--The term `administrative
review' means a review open to the participation of the
parents of the child, conducted by a panel of appropriate
persons at least one of whom is not responsible for the case
management of, or the delivery of services to, either the
child or the parents who are the subject of the review.
``(2) Adoption assistance agreement.--The term `adoption
assistance agreement' means a written agreement, binding on
the parties to the agreement, between the State, other
relevant agencies, and the prospective adoptive parents of a
minor child which at a minimum--
``(A) specifies the nature and amount of any payments,
services, and assistance to be provided under such agreement;
and
``(B) stipulates that the agreement shall remain in effect
regardless of the State of which the adoptive parents are
residents at any given time.
The agreement shall contain provisions for the protection
(under an interstate compact approved by the Secretary or
otherwise) of the interests of the child in cases where the
adoptive parents and child move to another State while the
agreement is effective.
``(3) Case plan.--The term `case plan' means a written
document which includes at least the following:
``(A) A description of the type of home or institution in
which a child is to be placed, including a discussion of the
appropriateness of the placement and how the agency which is
responsible for the child plans to carry out the voluntary
placement agreement entered into or judicial determination
made with respect to the child in accordance with section
472(a)(1).
``(B) A plan for assuring that the child receives proper
care and that services are provided to the parents, child,
and foster parents in order to improve the conditions in the
parents' home, facilitate return of the child to his or her
own home or the permanent placement of the child, and address
the needs of the child while in foster care, including a
discussion of the appropriateness of the services that have
been provided to the child under the plan.
``(C) To the extent available and accessible, the health
and education records of the child, including--
``(i) the names and addresses of the child's health and
educational providers;
``(ii) the child's grade level performance;
``(iii) the child's school record;
``(iv) assurances that the child's placement in foster care
takes into account proximity to the school in which the child
is enrolled at the time of placement;
``(v) a record of the child's immunizations;
``(vi) the child's known medical problems;
``(vii) the child's medications; and
``(viii) any other relevant health and education
information concerning the child determined to be appropriate
by the State.
Where appropriate, for a child age 16 or over, the case plan
must also include a written description of the programs and
services which will help such child prepare for the
transition from foster care to independent living.
``(4) Case review system.--The term `case review system'
means a procedure for assuring that--
``(A) each child has a case plan designed to achieve
placement in the least restrictive (most family-like) and
most appropriate setting available and in close proximity to
the parents' home, consistent with the best interests and
special needs of the child, which--
``(i) if the child has been placed in a foster family home
or child-care institution a substantial distance from the
home of the parents of the child, or in a State different
from the State in which such home is located, sets forth the
reasons why such placement is in the best interests of the
child; and
``(ii) if the child has been placed in foster care outside
the State in which the home of the parents of the child is
located, requires that, periodically, but not less frequently
than every 12 months, a caseworker on the staff of the State
in which the home of the parents of the child is located,
or of the State in which the child has been placed, visit
such child in such home or institution and submit a report
on such visit to the State in which the home of the
parents of the child is located;
``(B) the status of each child is reviewed periodically but
no less frequently than once every 6 months by either a court
or by administrative review (as defined in paragraph (1)) in
order to determine the continuing necessity for and
appropriateness of the placement, the extent of compliance
with the case plan, and the extent of progress which has been
made toward alleviating or mitigating the causes
necessitating placement in foster care, and to project a
likely date by which the child may be returned to the home or
placed for adoption or legal guardianship;
``(C) with respect to each such child, procedural
safeguards will be applied, among other things, to assure
each child in foster care under the supervision of the State
of a dispositional hearing to be held, in a family or
juvenile court or another court (including a tribal court) of
competent jurisdiction, or by an administrative body
appointed or approved by the court, no later than 18 months
after the original placement (and not less frequently than
every 12 months thereafter during the continuation of foster
care), which hearing shall determine the future status of the
child (including whether the child should be returned to the
parent, should be continued in foster care for a specified
period, should be placed for adoption, or should (because of
the child's special needs or circumstances) be continued in
foster care on a permanent or long-term basis) and, in the
case of a child described in subparagraph (A)(ii), whether
the out-of-State placement continues to be appropriate and in
the best interests of the child, and, in the case of a child
who has attained age 16, the services needed to assist the
child to make the transition from foster care to independent
living; and procedural safeguards shall also be applied with
respect to parental rights pertaining to the removal of the
child from the home of his parents, to a change in the
child's placement, and to any determination affecting
visitation privileges of parents; and
``(D) a child's health and education record (as described
in paragraph (3)(C)) is reviewed and updated, and supplied to
the foster parent or foster care provider with whom the child
is placed, at the time of each placement of the child in
foster care.
``(5) Child-care institution.--The term `child-care
institution' means a private child-care institution, or a
public child-care institution which accommodates no more than
25 children, which is licensed by the State in which it is
situated or has been approved, by the agency of such State
responsible for licensing or approval of institutions of this
type, as meeting the standards established for such
licensing, but the term shall not include detention
facilities, forestry camps, training schools, or any other
facility operated primarily for the detention of children who
are determined to be delinquent.
``(6) Foster care maintenance payments.--
``(A) In general.--The term `foster care maintenance
payments' means payments to cover the cost of (and the cost
of providing) food, clothing, shelter, daily supervision,
school supplies, a child's personal incidentals, liability
insurance with respect to a child, and reasonable travel to
the child's home for visitation. In the case of institutional
care, such term shall include the reasonable costs of
administration and operation of such institution as are
necessarily required to provide the items described in the
preceding sentence.
``(B) Special rule.--In cases where--
``(i) a child placed in a foster family home or child-care
institution is the parent of a son or daughter who is in the
same home or institution; and
``(ii) payments described in subparagraph (A) are being
made under this part with respect to such child,
the foster care maintenance payments made with respect to
such child as otherwise determined under subparagraph (A)
shall also include such amounts as may be necessary to cover
the cost of the items described in that subparagraph with
respect to such son or daughter.
``(7) Foster family home.--The term `foster family home'
means a foster family home for children which is licensed by
the State in which it is situated or has been approved, by
the agency of such State having responsibility for licensing
homes of this type, as meeting the standards established for
such licensing.
``(8) Parents.--The term `parents' means biological or
adoptive parents or legal guardians, as determined by
applicable State law.
``(9) State.--The term `State' means the 50 States and the
District of Columbia.
``(10) Voluntary placement.--The term `voluntary placement'
means an out-of-home placement of a minor, by or with
participation of the State, after the parents or guardians of
the minor have requested the assist
[[Page 1660]]
ance of the State and signed a voluntary placement agreement.
``(11) Voluntary placement agreement.--The term `voluntary
placement agreement' means a written agreement, binding on
the parties to the agreement, between the State, any other
agency acting on its behalf, and the parents or guardians of
a minor child which specifies, at a minimum, the legal status
of the child and the rights and obligations of the parents or
guardians, the child, and the agency while the child is in
placement.''.
SEC. 4702. CONFORMING AMENDMENTS.
(a) Amendments to Part D of Title IV of the Social Security
Act.--
(1) Section 452(a)(10)(C) of the Social Security Act (42
U.S.C. 652(a)(10)(C)), as amended by section 4108(b)(2) of
this Act, is amended by striking ``or under section
471(a)(17),''.
(2) Section 452(g)(2)(A) of such Act (42 U.S.C.
652(g)(2)(A)), as amended by paragraphs (6) and (7) of
section 4108(b) of this Act, is amended by inserting ``or
benefits or services for foster care maintenance were being
provided under the State program funded under part E'' after
``part A'' each place it appears.
(3) Section 466(a)(3)(B) of such Act (42 U.S.C.
666(a)(3)(B)), as amended by section 4108(b)(14) of this Act,
is amended by striking ``or 471(a)(17)''.
(b) Amendment to Section 9442 of the Omnibus Budget
Reconciliation Act of 1986.--Section 9442(4) of the Omnibus
Budget Reconciliation Act of 1986 (42 U.S.C. 679a(4)) is
amended by inserting ``(as in effect before October 1,
1995)'' after ``Act''.
(c) Redesignation and Amendments of Section 1123.--
(1) Redesignation.--The Social Security Act is amended by
redesignating section 1123, the second place it appears (42
U.S.C. 1320a-1a), as section 1123A.
(2) Amendments.--Section 1123A of such Act, as so
redesignated, is amended in subsection (a)--
(A) by striking ``The Secretary'' and inserting
``Notwithstanding section 423(g), the Secretary''; and
(B) in paragraph (2), by inserting ``under this section''
after ``promulgated''.
Subchapter B--Foster Care, Adoption Assistance, and Independent Living
Programs
SEC. 4711. CONFORMING AMENDMENTS TO PART E OF TITLE IV.
(a) Purpose; Appropriation.--Section 470 of the Social
Security Act (42 U.S.C 670) is amended--
(1) by amending the heading to read as follows:
``SEC. 470. PURPOSE; APPROPRIATION.''; AND
(2) in the second sentence, by striking ``this part'' and
inserting ``section 422''.
(b) State Plan For Foster Care and Adoption Assistance.--
Section 471 of such Act (42 U.S.C. 671) is amended to read as
follows:
``SEC. 471. ELIGIBLE STATES.
``In order for a State to be eligible for payments under
this part, the State shall have submitted to the Secretary a
plan which satisfies the requirements of section 422.''.
(c) Foster Care Maintenance Payments Program.--Section 472
of such Act (42 U.S.C. 672) is amended to read as follows:
``SEC. 472. REQUIREMENTS FOR FOSTER CARE MAINTENANCE
PAYMENTS.
``(a) In General.--Each State operating a program under
this part shall make foster care maintenance payments, as
defined in section 426(6) with respect to a child who would
meet the requirements of section 406(a) (as in effect on the
day before the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996) or of
section 407 (as so in effect) but for the removal of the
child from the home of a relative (specified in section
406(a) (as so in effect)), if--
``(1) the removal from the home occurred pursuant to a
voluntary placement agreement entered into by the child's
parent or legal guardian, or was the result of a judicial
determination to the effect that continuation therein would
be contrary to the welfare of such child and that reasonable
efforts of the type described in section 422(a)(12) have been
made;
``(2) such child's placement and care are the
responsibility of--
``(A) the State; or
``(B) any other public agency with which the State has made
an agreement for the administration of the State program
under this part which is still in effect;
``(3) such child has been placed in a foster family home or
child-care institution as a result of the voluntary placement
agreement or judicial determination referred to in paragraph
(1); and
``(4) such child--
``(A) would have been eligible to receive aid under the
eligibility standards under the State plan approved under
section 402 (as in effect on the day before the date of the
enactment of this part and adjusted for inflation, in
accordance with regulations issued by the Secretary) in or
for the month in which such agreement was entered into or
court proceedings leading to the removal of such child from
the home were initiated; or
``(B) would have received such aid in or for such month if
application had been made therefor, or the child had been
living with a relative specified in section 406(a) (as so in
effect) within 6 months prior to the month in which such
agreement was entered into or such proceedings were
initiated, and would have received such aid in or for such
month if in such month such child had been living with such a
relative and application therefor had been made.
``(b) Limitation on Foster Care Payments.--Foster care
maintenance payments may be made under this part only on
behalf of a child described in subsection (a) of this section
who is--
``(1) in the foster family home of an individual, whether
the payments therefore are made to such individual or to a
public or private child placement or child-care agency; or
``(2) in a child-care institution, whether the payments
therefore are made to such institution or to a public or
private child-placement or child-care agency, which payments
shall be limited so as to include in such payments only those
items which are included in the term `foster care maintenance
payments' (as defined in section 426(6)).
``(c) Voluntary Placements.--
``(1) Satisfaction of child protection standards.--
Notwithstanding any other provision of this section, Federal
payments may be made under this part with respect to amounts
expended by any State as foster care maintenance payments
under this part, in the case of children removed from their
homes pursuant to voluntary placement agreements as described
in subsection (a), only if (at the time such amounts were
expended) the State has fulfilled all of the requirements of
section 422(a)(11).
``(2) Removal in excess of 180 days.--No Federal payment
may be made under this part with respect to amounts expended
by any State as foster care maintenance payments, in the case
of any child who was removed from such child's home pursuant
to a voluntary placement agreement as described in subsection
(a) and has remained in voluntary placement for a period in
excess of 180 days, unless there has been a judicial
determination by a court of competent jurisdiction (within
the first 180 days of such placement) that such placement is
in the best interests of the child.
``(3) Deemed revocation of agreements.--In any case where--
``(A) the placement of a minor child in foster care
occurred pursuant to a voluntary placement agreement entered
into by the parents or guardians of such child as provided in
subsection (a); and
``(B) such parents or guardians request (in such manner and
form as the Secretary may prescribe) that the child be
returned to their home or to the home of a relative,
the voluntary placement agreement shall be deemed to be
revoked unless the State opposes such request and obtains a
judicial determination, by a court of competent jurisdiction,
that the return of the child to such home would be contrary
to the child's best interests.
``(d) Eligibility for Medical Assistance.--For purposes of
titles XIX and XX, any child with respect to whom foster care
maintenance payments are made under this section is deemed to
be a recipient of cash assistance under part A of this title.
For the purposes of the preceding sentence, a child whose
costs in a foster family home or child-care institution are
covered by the foster care maintenance payments being made
with respect to his or her minor parent, as provided in
section 426(6)(B), shall be considered a child with respect
to whom foster care maintenance payments are made under this
section.''.
(d) Adoption Assistance Program.--Section 473 of such Act
(42 U.S.C. 673) is amended to read as follows:
``SEC. 473. REQUIREMENTS FOR ADOPTION ASSISTANCE PAYMENTS.
``(a) In General.--A State operating a program under this
part shall enter into adoption assistance agreements with the
adoptive parents of children with special needs.
``(b) Payments Under Agreements.--
``(1) In general.--Under any adoption assistance agreement
entered into by a State with parents who adopt a child with
special needs, the State--
``(A) shall make payments of nonrecurring adoption expenses
incurred by or on behalf of such parents in connection with
the adoption of such child, directly through the State agency
or through another public or nonprofit private agency, in
amounts determined under subsection (e), and
``(B) in any case where the child meets the requirements of
subsection (d), may make adoption assistance payments to such
parents, directly through the State agency or through another
public or nonprofit private agency, in amounts so
determined.
``(2) Definition of nonrecurring adoption expenses.--
``(A) In general.--For purposes of paragraph (1)(A), the
term `nonrecurring adoption expenses' means reasonable and
necessary adoption fees, court costs, attorney fees, and
other expenses which are directly related to the legal
adoption of a child with special needs and which are not
incurred in violation of State or Federal law.
``(B) Treatment as an administrative expense.--A State's
payment of nonrecurring adoption expenses under an adoption
assistance agreement shall be treated as an expenditure made
for the proper and efficient administration of the State plan
for purposes of section 474(a)(3)(E).
``(c) Eligibility for Medical Assistance.--For purposes of
titles XIX and XX, any child--
``(1)(A) who is a child described in subsection (b), and
``(B) with respect to whom an adoption assistance agreement
is in effect under this section (whether or not adoption
assistance payments are provided under the agreement
[[Page 1661]]
or are being made under this section), including any such
child who has been placed for adoption in accordance with
applicable State and local law (whether or not an
interlocutory or other judicial decree of adoption has been
issued), or
``(2) with respect to whom foster care maintenance payments
are being made under section 472,
is deemed to be a recipient of cash assistance under part A
of this title in the State where such child resides. For
purposes of the preceding sentence, a child whose costs in a
foster family home or child-care institution are covered by
the foster care maintenance payments being made with respect
to his or her minor parent, as provided in section 426(6)(B),
shall be considered a child with respect to whom foster care
maintenance payments are being made under section 472.
``(d) Children With Special Needs.--For purposes of
subsection (b)(1)(B), a child meets the requirements of this
subsection if such child--
``(1)(A) at the time adoption proceedings were initiated,
met the requirements of section 406(a) (as in effect on the
day before the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996) or section
407 (as so in effect) or would have met such requirements
except for such child's removal from the home of a relative
(specified in section 406(a) (as so in effect)), either
pursuant to a voluntary placement agreement with respect to
which Federal payments are provided under section 474 (or 403
(as so in effect)) or as a result of a judicial determination
to the effect that continuation therein would be contrary to
the welfare of such child;
``(B) meets all of the requirements of title XVI with
respect to eligibility for supplemental security income
benefits; or
``(C) is a child whose costs in a foster family home or
child-care institution are covered by the foster care
maintenance payments being made with respect to his or her
minor parent;
``(2)(A) would have received aid under the eligibility
standards under the State plan approved under section 402 (as
in effect on the day before the date of the enactment of this
part, adjusted for inflation, in accordance with regulations
issued by the Secretary) in or for the month in which such
agreement was entered into or court proceedings leading to
the removal of such child from the home were initiated;
``(B) would have received such aid in or for such month if
application had been made therefor, or had been living with a
relative specified in section 406(a) (as so in effect) within
6 months prior to the month in which such agreement was
entered into or such proceedings were initiated, and would
have received such aid in or for such month if in such month
such child had been living with such a relative and
application therefor had been made; or
``(C) is a child described in subparagraph (A) or (B); and
``(3) has been determined by the State, pursuant to
subsection (h) of this section, to be a child with special
needs.
``(e) Determination of Payments.--The amount of the
payments to be made in any case under subsection (b) shall be
determined through agreement between the adoptive parents and
the State or a public or nonprofit private agency
administering the program under this part, which shall take
into consideration the circumstances of the adopting parents
and the needs of the child being adopted, and may be
readjusted periodically, with the concurrence of the adopting
parents (which may be specified in the adoption assistance
agreement), depending upon changes in such circumstances.
However, in no case may the amount of the adoption assistance
payment exceed the foster care maintenance payment which
would have been paid during the period if the child with
respect to whom the adoption assistance payment is made had
been in a foster family home.
``(f) Payment Exception.--Notwithstanding subsection (e),
no payment may be made to parents with respect to any child
who has attained the age of 18 (or, where the State
determines that the child has a mental or physical disability
which warrants the continuation of assistance, the age of
21), and no payment may be made to parents with respect to
any child if the State determines that the parents are no
longer legally responsible for the support of the child or if
the State determines that the child is no longer receiving
any support from such parents. Parents who have been
receiving adoption assistance payments under this part shall
keep the State or public or nonprofit private agency
administering the program under this part informed of
circumstances which would, pursuant to this section, make
them ineligible for such assistance payments, or eligible for
assistance payments in a different amount.
``(g) Preadoption Payments.--For purposes of this part,
individuals with whom a child who has been determined by the
State, pursuant to subsection (h), to be a child with special
needs is placed for adoption in accordance with applicable
State and local law shall be eligible for adoption assistance
payments during the period of the placement, on the same
terms and subject to the same conditions as if such
individuals had adopted such child.
``(h) Determination of Child With Special Needs.--For
purposes of this section, a child shall not be considered a
child with special needs unless--
``(1) the State has determined that the child cannot or
should not be returned to the home of the child's parents;
and
``(2) the State had first determined--
``(A) that there exists with respect to the child a
specific factor or condition such as the child's ethnic
background, age, or membership in a minority or sibling
group, or the presence of factors such as medical conditions
or physical, mental, or emotional handicaps because of which
it is reasonable to conclude that such child cannot be placed
with adoptive parents without providing adoption assistance
under this part or medical assistance under title XIX; and
``(B) that, except where it would be against the best
interests of the child because of such factors as the
existence of significant emotional ties with prospective
adoptive parents while in the care of such parents as a
foster child, a reasonable, but unsuccessful, effort has been
made to place the child with appropriate adoptive parents
without providing adoption assistance under this section or
medical assistance under title XIX.''.
(e) Payments to States; Allotments to States.--Section 474
of such Act (42 U.S.C. 674) is amended to read as follows:
``SEC. 474. PAYMENTS TO STATES; ALLOTMENTS TO STATES.
``(a) Foster Care, Adoption Assistance, and Independent
Living Programs Payments.--Each eligible State, as determined
under section 471, shall be entitled to receive from the
Secretary for each quarter of each fiscal year a payment
equal to the sum of--
``(1) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b) of this Act as in
effect on the day before the date of the enactment of the
Personal Responsibility and Work Opportunity Act of 1996) of
the total amount expended during such quarter as foster care
maintenance payments under the child protection program under
this part for children in foster family homes or child-care
institutions; plus
``(2) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b) of this Act (as so
in effect)) of the total amount expended during such quarter
as adoption assistance payments under the child protection
program under this part pursuant to adoption assistance
agreements; plus
``(3) an amount equal to the sum of the following
proportions of the total amounts expended during such quarter
as found necessary by the Secretary for the provision of
child placement services and for the proper and efficient
administration of the State foster care and adoption
assistance program--
``(A) 75 percent of so much of such expenditures as are for
the training (including both short and long-term training at
educational institutions through grants to such institutions
or by direct financial assistance to students enrolled in
such institutions) of personnel employed or preparing for
employment by the State agency or by the local agency
administering the plan in the political subdivision;
``(B) 75 percent of so much of such expenditures (including
travel and per diem expenses) as are for the short-term
training of current or prospective foster or adoptive parents
and the members of the staff of State-licensed or State-
approved child care institutions providing care to foster and
adopted children receiving assistance under this part, in
ways that increase the ability of such current or prospective
parents, staff members, and institutions to provide support
and assistance to foster and adopted children, whether
incurred directly by the State or by contract;
``(C) 50 percent (or, if the quarter is in fiscal year
1997, 75 percent) of so much of such expenditures as are for
the planning, design, development, or installation of
statewide mechanized data collection and information
retrieval systems (including 50 percent (or, if the quarter
is in fiscal year 1997, 75 percent) of the full amount of
expenditures for hardware components for such systems) but
only to the extent that such systems--
``(i) meet the requirements imposed by regulations;
``(ii) to the extent practicable, are capable of
interfacing with the State data collection system that
collects information relating to child abuse and neglect;
``(iii) to the extent practicable, have the capability of
interfacing with, and retrieving information from, the State
data collection system that collects information relating to
the eligibility of individuals under part A (for the purposes
of facilitating verification of eligibility of foster
children); and
``(iv) are determined by the Secretary to be likely to
provide more efficient, economical, and effective
administration of the programs carried out under a State plan
approved under this part;
``(D) 50 percent of so much of such expenditures as are for
the operation of the statewide mechanized data collection and
information retrieval systems referred to in subparagraph
(C); and
``(E) one-half of the remainder of such expenditures; plus
``(4) an amount equal to the sum of--
``(A) so much of the amounts expended by such State to
carry out a program under section 476, as do not exceed the
basic amount for such State determined under subsection
(e)(1) of such section; and
``(B) the lesser of--
``(i) one-half of any additional amounts expended by such
State for such programs; or
``(ii) the maximum additional amount for such State under
subsection (e)(1) of such section.
[[Page 1662]]
``(b) Automated Data Collection Expenditures.--The
Secretary shall treat as necessary for the proper and
efficient administration of the State plan all expenditures
of a State necessary in order for the State to plan, design,
develop, install, and operate data collection and information
retrieval systems, without regard to whether the systems may
be used with respect to foster or adoptive children other
than those on behalf of whom foster care maintenance payments
or adoption assistance payments may be made under this part.
``(c) Estimates by the Secretary.--
``(1) In general.--The Secretary shall, prior to the
beginning of each quarter, estimate the amount which a State
will be entitled to receive under subsection (a) for such
quarter, such estimates to be based on--
``(A) a report filed by the State containing its estimate
of the total sum to be expended in such quarter in accordance
with subsection (a), and stating the amount appropriated or
made available by the State and its political subdivisions
for such expenditures in such quarter, and if such amount is
less than the State's proportionate share of the total sum of
such estimated expenditures, the source or sources from which
the difference is expected to be derived;
``(B) records showing the number of children in the State
receiving assistance under this part; and
``(C) such other information as the Secretary may find
necessary.
``(2) Payments.--The Secretary shall pay to the States the
amounts so estimated under paragraph (1), reduced or
increased to the extent of any overpayment or underpayment
which the Secretary determines was made under this subsection
to such State for any prior quarter and with respect to which
adjustment has not already been made under this subsection.
``(3) Pro rata share.-- The pro rata share to which the
United States is equitably entitled, as determined by the
Secretary, of the net amount recovered during any quarter by
the State or any political subdivision thereof with respect
to foster care and adoption assistance furnished under this
part shall be considered an overpayment to be adjusted under
this subsection.
``(d) Allowance or Disallowance of Claim.--
``(1) In general.--Within 60 days after receipt of a State
claim for expenditures pursuant to subsection (b)(1), the
Secretary shall allow, disallow, or defer such claim.
``(2) Notice.--Within 15 days after a decision to defer a
State claim, the Secretary shall notify the State of the
reasons for the deferral and of the additional information
necessary to determine the allowability of the claim.
``(3) Decision.--Within 90 days after receiving such
necessary information (in readily reviewable form), the
Secretary shall--
``(A) disallow the claim, if able to complete the review
and determine that the claim is not allowable; or
``(B) in any other case, allow the claim, subject to
disallowance (as necessary)--
``(i) upon completion of the review, if it is determined
that the claim is not allowable; or
``(ii) on the basis of findings of an audit or financial
management review.''.
(f) Definitions.--Section 475 of such Act (42 U.S.C. 675)
is amended to read as follows:
``SEC. 475. DEFINITIONS.
For definitions of terms used in this part, see section
426.''.
(g) Technical Assistance; Data Collection and Evaluation.--
Part E of title IV of such Act is amended by striking section
476.
(h) Independent Living Initiatives.--Part E of title IV of
such Act (42 U.S.C. 670 et seq.), as amended by subsection
(g) of this section, is amended--
(1) by redesignating section 477 as section 476; and
(2) by amending section 476, as so redesignated, to read as
follows:
``SEC. 476. REQUIREMENTS FOR INDEPENDENT LIVING PROGRAMS.
``(a) Payments for Independent Living Programs.--
``(1) In general.--Payments shall be made in accordance
with this section for the purpose of assisting States and
localities in establishing and carrying out programs designed
to assist children described in paragraph (2) who have
attained age 16 in making the transition from foster care to
independent living. Any State which provides for the
establishment and carrying out of one or more such programs
in accordance with this section for a fiscal year shall be
entitled to receive payments under this section for such
fiscal year, in an amount determined under subsection (e).
``(2) Program requirements.--A program established and
carried out under paragraph (1)--
``(A) shall be designed to assist children with respect to
whom foster care maintenance payments are being made by the
State under this part;
``(B) may at the option of the State also include any or
all other children in foster care under the responsibility of
the State; and
``(C) may at the option of the State also include any child
who has not attained age 21 to whom foster care maintenance
payments were previously made by a State under this part and
whose payments were discontinued on or after the date such
child attained age 16, and any child who previously was in
foster care described in subparagraph (B) and for whom such
care was discontinued on or after the date such child
attained age 16; and a written transitional independent
living plan of the type described in subsection (d)(6) shall
be developed for such child as a part of such program.
``(b) Use of Funds.--Payment under this section shall be
made to the State, and shall be used for the purpose of
conducting and providing in accordance with this section
(directly or under contracts with local governmental entities
or private nonprofit organizations) the activities and
services required to carry out the program or programs
involved.
``(c) Submission of Program Description and Assurances.--In
order for a State to receive payments under this section for
any fiscal year, the State, prior to February 1 of such
fiscal year, must submit to the Secretary, in such manner and
form as the Secretary may prescribe, a description of the
program together with satisfactory assurances that the
program will be operated in an effective and efficient manner
and will otherwise meet the requirements of this section.
``(d) Program Objectives.--In carrying out the purpose
described in subsection (a), it shall be the objective of
each program established under this section to help the
individuals participating in such program to prepare to live
independently upon leaving foster care. Such programs may
include (subject to the availability of funds) programs to--
``(1) enable participants to seek a high school diploma or
its equivalent or to take part in appropriate vocational
training;
``(2) provide training in daily living skills, budgeting,
locating and maintaining housing, and career planning;
``(3) provide for individual and group counseling;
``(4) integrate and coordinate services otherwise available
to participants;
``(5) provide for the establishment of outreach programs
designed to attract individuals who are eligible to
participate in the program;
``(6) provide each participant a written transitional
independent living plan which shall be based on an assessment
of his needs, and which shall be incorporated into his case
plan, as defined in section 426(3); and
``(7) provide participants with other services and
assistance designed to improve their transition to
independent living.
``(e) Determination of Payments.--
``(1) Basic amount.--
``(A) In general.--The basic amount to which a State shall
be entitled under section 474(a)(4) for a fiscal year shall
be an amount which bears the same ratio to the basic ceiling
for such fiscal year as such State's average number of
children receiving foster care maintenance payments under
part E in fiscal year 1984 bore to the total of the average
number of children receiving such payments under such part
for all States for fiscal year 1984.
``(B) Maximum additional amount.--The maximum additional
amount to which a State shall be entitled under section
474(a)(4) for a fiscal year shall be an amount which bears
the same ratio to the additional ceiling for such fiscal year
as the basic amount of such State bears to $45,000,000.
``(C) Definitions.--For purposes of this section:
``(i) Basic ceiling.--The term `basic ceiling' means, for
any fiscal year, $45,000,000.
``(ii) Additional ceiling.--The term `additional ceiling'
means, for any fiscal year, $25,000,000.
``(2) Reallocation of funds.--If any State does not apply
for funds under this section for any fiscal year within the
time provided in subsection (c), the funds to which such
State would have been entitled for such fiscal year shall be
reallocated to one or more other States on the basis of their
relative need for additional payments under this section (as
determined by the Secretary).
``(3) Supplement to other funds.--Any amounts payable to
States under this section shall be in addition to amounts
payable to States under paragraphs (1), (2), and (3) of
section 474(a), and shall supplement and not replace any
other funds which may be available for the same general
purposes in the localities involved.
``(f) Limitation on Use of Funds.--Payments made to a State
under this section for any fiscal year--
``(1) shall be used only for the specific purposes
described in this section;
``(2) may not be used for the provision of room or board;
``(3) may be made on an estimated basis in advance of the
determination of the exact amount, with appropriate
subsequent adjustments to take account of any error in the
estimates; and
``(4) shall be expended by such State in such fiscal year
or in the succeeding fiscal year.
``(g) Reporting Requirements.--Not later than the first
January 1 following the end of each fiscal year, each State
shall submit to the Secretary a report on the programs
carried out during such fiscal year with the amounts received
under this section. Such report shall be in such form and
contain such information as may be necessary to provide an
accurate description of such activities, to provide a
complete record of the purposes for which the funds were
spent, and to indicate the extent to which the expenditure
of such funds succeeded in accomplishing the purpose
described in subsection (a).
``(h) Assistance Not Considered Income or Resources.--
Notwithstanding any other provision of this title, payments
made and services provided to participants in a pro
[[Page 1663]]
gram under this section, as a direct consequence of their
participation in such program, shall not be considered as
income or resources for purposes of determining eligibility
(or the eligibility of any other persons) for assistance
under the State's plan approved under this part or part A, or
for purposes of determining the level of such assistance.''.
(i) Collection of Data Relating to Adoption and Foster
Care.--Part E of title IV of such Act (42 U.S.C. 670 et seq.)
is amended--
(1) by redesignating section 479 as section 477; and
(2) by amending section 477, as so redesignated, to read as
follows:
``SEC. 477. COLLECTION OF DATA RELATING TO ADOPTION AND
FOSTER CARE.
``For requirements with respect to the collection of data
relating to adoption and foster care, see section 424.''.
Subchapter C--Miscellaneous
SEC. 4721. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR
TECHNICAL AND CONFORMING AMENDMENTS.
Not later than 90 days after the date of the enactment of
this chapter, the Secretary of Health and Human Services, in
consultation, as appropriate, with the heads of other Federal
agencies, shall submit to the appropriate committees of
Congress a legislative proposal providing for such technical
and conforming amendments in the law as are required by the
provisions of this chapter.
SEC. 4722. SENSE OF THE CONGRESS REGARDING TIMELY ADOPTION OF
CHILDREN.
It is the sense of the Congress that--
(1) too many children who wish to be adopted are spending
inordinate amounts of time in foster care;
(2) there is an urgent need for States to increase the
number of waiting children being adopted in a timely and
lawful manner;
(3) studies have shown that States spend an excess of
$15,000 each year on each special needs child in foster care,
and would save significant amounts of money if they offered
incentives to families to adopt special needs children;
(4) States should allocate sufficient funds under this
subtitle for adoption assistance and medical assistance to
encourage more families to adopt children who otherwise would
languish in the foster care system for a period that many
experts consider detrimental to their development;
(5) States should offer incentives for families that adopt
special needs children to make adoption more affordable for
middle-class families;
(6) when it is necessary for a State to remove a child from
the home of the child's biological parents, the State should
strive--
(A) to provide the child with a single foster care
placement and a single coordinated case team; and
(B) to conclude an adoption of the child, when adoption is
the goal of the child and the State, within one year of the
child's placement in foster care; and
(7) States should participate in local, regional, or
national programs to enable maximum visibility of waiting
children to potential parents. Such programs should include a
nationwide, interactive computer network to disseminate
information on children eligible for adoption to help match
them with families around the country.
SEC. 4723. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.
(a) State Plan Requirements.--Section 422(a) of the Social
Security Act (42 U.S.C 622(a)), as added by section 4701 of
this Act, is amended by adding at the end the following:
``(15) Certification regarding removal of barriers to
interethnic adoption.--A certification that, not later than
January 1, 1997, the State has in effect such laws and
procedures as may be necessary to ensure that neither the
State nor any other entity in the State that receives funds
from the Federal Government and is involved in adoption or
foster care placements may--
``(A) deny to any person the opportunity to become an
adoptive or a foster parent, on the basis of the race, color,
or national origin of the person, or of the child, involved;
or
``(B) delay or deny the placement of a child for adoption
or into foster care, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.''.
(b) Enforcement.--Section 423(e) of such Act (42 U.S.C.
623(e)), as added by section 4701 of this Act, is amended by
redesignating paragraphs (5), (6), and (7) as paragraphs (6),
(7), and (8), respectively, and by inserting after paragraph
(4) the following:
``(5) Penalty for failure to remove barriers to interethnic
adoption.--
``(A) Reduction of payments to the state.--If a State's
program operated under this part is found, as a result of a
review conducted under section 1123, to have violated section
422(a)(15) during a quarter with respect to any person, then,
notwithstanding any regulations promulgated under section
1123(b)(3), the Secretary shall reduce the amount otherwise
payable to the State under this part, for the quarter and for
each subsequent quarter before the 1st quarter for which the
State program is found, as a result of such a review, not to
have violated section 422(a)(15) with respect to any person,
by--
``(i) 2 percent of such otherwise payable amount, in the
case of the 1st such finding with respect to the State;
``(ii) 5 percent of such otherwise payable amount, in the
case of the 2nd such finding with respect to the State; or
``(iii) 10 percent of such otherwise payable amount, in the
case of the 3rd or subsequent such finding with respect to
the State.
``(B) Return of funds paid to other violators.--Any other
entity which is in a State that receives funds under this
part and which violates section 422(a)(15) during a quarter
with respect to any person shall remit to the Secretary all
funds that were paid by the State to the entity during the
quarter from such funds.
``(C) Private cause of action.--
``(i) In general.--Any individual who is aggrieved by a
violation of section 422(a)(15) by a State or other entity
may bring an action seeking relief from the State or other
entity in any United States district court.
``(ii) Limitation.--An action under this subparagraph may
not be brought more than 2 years after the date the alleged
violation occurred.
``(D) No effect on the indian child welfare act of 1978.--
This paragraph shall not be construed to affect the
application of the Indian Child Welfare Act of 1978.''.
(c) Civil Rights.--
(1) Prohibited conduct.--A person or government that is
involved in adoption or foster care placements may not--
(A) deny to any individual the opportunity to become an
adoptive or a foster parent, on the basis of the race, color,
or national origin of the individual, or of the child,
involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.
(2) Enforcement.--Noncompliance with paragraph (1) is
deemed a violation of title VI of the Civil Rights Act of
1964.
(3) No effect on the indian child welfare act of 1978.--
This subsection shall not be construed to affect the
application of the Indian Child Welfare Act of 1978.
(d) Conforming Repeal.--Section 553 of the Howard M.
Metzenbaum Multiethnic Placement Act of 1994 (42 U.S.C.
5115a) is repealed.
SEC. 4724. EFFECTIVE DATE; TRANSITION RULES.
(a) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
chapter and the amendments made by this chapter shall be
effective on and after October 1, 1996.
(2) Exception.--Section 425 of the Social Security Act, as
added by section 4701 of this Act, shall take effect on the
date of the enactment of this chapter.
(3) Temporary redesignation of section 425.--During the
period beginning on the date of the enactment of this chapter
and ending on October 1, 1996, section 425 of the Social
Security Act, as added by section 4701 of this Act, is
redesignated as section 425A.
(b) Transition Rules.--
(1) Claims, actions, and proceedings.--The amendments made
by this chapter shall not apply with respect to--
(A) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid, assistance, or services
provided before the effective date of this chapter under the
provisions amended; and
(B) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
(2) Closing out account for those programs terminated or
substantially modified by this chapter.--In closing out
accounts, Federal and State officials may use scientifically
acceptable statistical sampling techniques. Claims made under
programs which are repealed or substantially amended in this
chapter and which involve State expenditures in cases where
assistance or services were provided during a prior fiscal
year, shall be treated as expenditures during fiscal year
1995 for purposes of reimbursement even if payment was made
by a State on or after October 1, 1995. States shall complete
the filing of all claims no later than September 30, 1997.
Federal department heads shall--
(A) use the single audit procedure to review and resolve
any claims in connection with the closeout of programs; and
(B) reimburse States for any payments made for assistance
or services provided during a prior fiscal year from funds
for fiscal year 1995, rather than the funds authorized by
this chapter.
CHAPTER 2--CHILD AND FAMILY SERVICES BLOCK GRANT
SEC. 4751. CHILD AND FAMILY SERVICES BLOCK GRANT.
The Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Child and Family Services
Block Grant Act of 1996'.
``SEC. 2. FINDINGS.
``The Congress finds the following:
``(1) Each year, close to 1,000,000 American children are
victims of abuse and neglect.
``(2) Many of these children and their families fail to
receive adequate protection or treatment.
``(3) The problem of child abuse and neglect requires a
comprehensive approach that--
``(A) integrates the work of social service, legal, health,
mental health, education, and substance abuse agencies and
organizations;
``(B) strengthens coordination among all levels of
government, and with private agencies, civic, religious, and
professional organizations, and individual volunteers;
``(C) emphasizes the need for abuse and neglect prevention,
assessment, investigation, and treatment at the neighborhood
level;
[[Page 1664]]
``(D) ensures properly trained and support staff with
specialized knowledge, to carry out their child protection
duties; and
``(E) is sensitive to ethnic and cultural diversity.
``(4) The child protection system should be comprehensive,
child-centered, family-focused, and community-based, should
incorporate all appropriate measures to prevent the
occurrence or recurrence of child abuse and neglect, and
should promote physical and psychological recovery and social
reintegration in an environment that fosters the health,
safety, self-respect, and dignity of the child.
``(5) The Federal Government should provide leadership and
assist communities in their child and family protection
efforts by--
``(A) generating and sharing knowledge relevant to child
and family protection, including the development of models
for service delivery;
``(B) strengthening the capacity of States to assist
communities;
``(C) helping communities to carry out their child and
family protection plans by promoting the competence of
professional, paraprofessional, and volunteer resources; and
``(D) providing leadership to end the abuse and neglect of
the Nation's children and youth.
``SEC. 3. PURPOSES.
``The purposes of this Act are the following:
``(1) To assist each State in improving the child
protective service systems of such State by--
``(A) improving risk and safety assessment tools and
protocols;
``(B) developing, strengthening, and facilitating training
opportunities for individuals who are mandated to report
child abuse or neglect or otherwise overseeing,
investigating, prosecuting, or providing services to children
and families who are at risk of abusing or neglecting their
children; and
``(C) developing, implementing, or operating information,
education, training, or other programs designed to assist and
provide services for families of disabled infants with life-
threatening conditions.
``(2) To support State efforts to develop, operate, expand
and enhance a network of community-based, prevention-focused,
family resource and support programs that are culturally
competent and that coordinate resources among existing
education, vocational rehabilitation, disability, respite,
health, mental health, job readiness, self-sufficiency, child
and family development, community action, Head Start, child
care, child abuse and neglect prevention, juvenile justice,
domestic violence prevention and intervention, housing, and
other human service organizations within the State.
``(3) To facilitate the elimination of barriers to adoption
and to provide permanent and loving home environments for
children who would benefit from adoption, particularly
children with special needs, including disabled infants with
life-threatening conditions, by--
``(A) promoting model adoption legislation and procedures
in the States and territories of the United States in order
to eliminate jurisdictional and legal obstacles to adoption;
``(B) providing a mechanism for the Department of Health
and Human Services to--
``(i) promote quality standards for adoption services,
preplacement, post-placement, and post-legal adoption
counseling, and standards to protect the rights of children
in need of adoption;
``(ii) maintain a national adoption information exchange
system to bring together children who would benefit from
adoption and qualified prospective adoptive parents who are
seeking such children, and conduct national recruitment
efforts in order to reach prospective parents for children
awaiting adoption; and
``(iii) demonstrate expeditious ways to free children for
adoption for whom it has been determined that adoption is the
appropriate plan; and
``(C) facilitating the identification and recruitment of
foster and adoptive families that can meet children's needs.
``(4) To respond to the needs of children, in particular
those who are drug exposed or afflicted with Acquired Immune
Deficiency Syndrome (AIDS), by supporting activities aimed at
preventing the abandonment of children, providing support to
children and their families, and facilitating the recruitment
and training of health and social service personnel.
``(5) To carry out any other activities as the Secretary
determines are consistent with this Act.
``SEC. 4. DEFINITIONS.
``As used in this Act:
``(1) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; or
``(B) except in the case of sexual abuse, the age specified
by the child protection law of the State in which the child
resides.
``(2) Child abuse and neglect.--The term `child abuse and
neglect' means, at a minimum, any recent act or failure to
act on the part of a parent or caretaker, which results in
death, serious physical or emotional harm, sexual abuse or
exploitation, or an act or failure to act which presents an
imminent risk of serious harm.
``(3) Family resource and support programs.--The term
`family resource and support program' means a community-
based, prevention-focused entity that--
``(A) provides, through direct service, the core services
required under this Act, including--
``(i) parent education, support and leadership services,
together with services characterized by relationships between
parents and professionals that are based on equality and
respect, and designed to assist parents in acquiring
parenting skills, learning about child development, and
responding appropriately to the behavior of their children;
``(ii) services to facilitate the ability of parents to
serve as resources to one another (such as through mutual
support and parent self-help groups);
``(iii) early developmental screening of children to assess
any needs of children, and to identify types of support that
may be provided;
``(iv) outreach services provided through voluntary home
visits and other methods to assist parents in becoming aware
of and able to participate in family resources and support
program activities;
``(v) community and social services to assist families in
obtaining community resources; and
``(vi) followup services;
``(B) provides, or arranges for the provision of, other
core services through contracts or agreements with other
local agencies; and
``(C) provides access to optional services, directly or by
contract, purchase of service, or interagency agreement,
including--
``(i) child care, early childhood development and early
intervention services;
``(ii) self-sufficiency and life management skills
training;
``(iii) education services, such as scholastic tutoring,
literacy training, and General Educational Degree services;
``(iv) job readiness skills;
``(v) child abuse and neglect prevention activities;
``(vi) services that families with children with
disabilities or special needs may require;
``(vii) community and social service referral;
``(viii) peer counseling;
``(ix) referral for substance abuse counseling and
treatment; and
``(x) help line services.
``(4) Indian tribe and tribal organization.--The terms
`Indian tribe' and `tribal organization' shall have the same
meanings given such terms in subsections (e) and (l),
respectively, of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e) and (l)).
``(5) Respite services.--The term `respite services' means
short-term care services provided in the temporary absence of
the regular caregiver (parent, other relative, foster parent,
adoptive parent, or guardian) to children who--
``(A) are in danger of abuse or neglect;
``(B) have experienced abuse or neglect; or
``(C) have disabilities, chronic, or terminal illnesses.
Such services shall be provided within or outside the home of
the child, be short-term care (ranging from a few hours to a
few weeks of time, per year), and be intended to enable the
family to stay together and to keep the child living in the
home and community of the child.
``(6) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(7) Sexual abuse.--The term `sexual abuse' includes--
``(A) the employment, use, persuasion, inducement,
enticement, or coercion of any child to engage in, or assist
any other person to engage in, any sexually explicit conduct
or simulation of such conduct for the purpose of producing a
visual depiction of such conduct; or
``(B) the rape, molestation, prostitution, or other form of
sexual exploitation of children, or incest with children.
``(8) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
``(9) Withholding of medically indicated treatment.--The
term `withholding of medically indicated treatment' means the
failure to respond to the infant's life-threatening
conditions by providing treatment (including appropriate
nutrition, hydration, and medication) which, in the treating
physician's or physicians' reasonable medical judgment, will
be most likely to be effective in ameliorating or correcting
all such conditions, except that the term does not include
the failure to provide treatment (other than appropriate
nutrition, hydration, or medication) to an infant when, in
the treating physician's or physicians' reasonable medical
judgment--
``(A) the infant is chronically and irreversibly comatose;
``(B) the provision of such treatment would--
``(i) merely prolong dying;
``(ii) not be effective in ameliorating or correcting all
of the infant's life-threatening conditions; or
``(iii) otherwise be futile in terms of the survival of the
infant; or
``(C) the provision of such treatment would be virtually
futile in terms of the survival of the infant and the
treatment itself under such circumstances would be inhumane.
[[Page 1665]]
``TITLE I--GENERAL BLOCK GRANT
``SEC. 101. CHILD AND FAMILY SERVICES BLOCK GRANTS.
``(a) Eligibility.--The Secretary shall award grants to
eligible States that file a State plan that is approved under
section 102 and that otherwise meet the eligibility
requirements for grants under this title.
``(b) Amount of Grant.--The amount of a grant made to each
State under subsection (a) for a fiscal year shall be based
on the population of children under the age of 18 residing in
each State that applies for a grant under this section.
``(c) Use of Amounts.--Amounts received by a State under a
grant awarded under subsection (a) shall be used to carry out
the purposes described in section 3.
``SEC. 102. ELIGIBLE STATES.
``(a) In General.--As used in this title, the term
`eligible State' means a State that has submitted to the
Secretary, not later than October 1, 1996, and every 3 years
thereafter, a plan which has been signed by the chief
executive officer of the State and that includes the
following:
``(1) Outline of child protection program.--A written
document that outlines the activities the State intends to
conduct to achieve the purpose of this title, including the
procedures to be used for--
``(A) receiving and assessing reports of child abuse or
neglect;
``(B) investigating such reports;
``(C) with respect to families in which abuse or neglect
has been confirmed, providing services or referral for
services for families and children where the State makes a
determination that the child may safely remain with the
family;
``(D) protecting children by removing them from dangerous
settings and ensuring their placement in a safe environment;
``(E) providing training for individuals mandated to report
suspected cases of child abuse or neglect;
``(F) protecting children in foster care;
``(G) promoting timely adoptions;
``(H) protecting the rights of families, using adult
relatives as the preferred placement for children separated
from their parents where such relatives meet the relevant
State child protection standards; and
``(I) providing services to individuals, families, or
communities, either directly or through referral, that are
aimed at preventing the occurrence of child abuse and
neglect.
``(2) Certification of state law requiring the reporting of
child abuse and neglect.--A certification that the State has
in effect laws that require public officials and other
professionals to report, in good faith, actual or suspected
instances of child abuse or neglect.
``(3) Certification of procedures for screening, safety
assessment, and prompt investigation.--A certification that
the State has in effect procedures for receiving and
responding to reports of child abuse or neglect, including
the reports described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investigation of
such reports.
``(4) Certification of state procedures for removal and
placement of abused or neglected children.--A certification
that the State has in effect procedures for the removal from
families and placement of abused or neglected children and of
any other child in the same household who may also be in
danger of abuse or neglect.
``(5) Certification of provisions for immunity from
prosecution.--A certification that the State has in effect
laws requiring immunity from prosecution under State and
local laws and regulations for individuals making good faith
reports of suspected or known instances of child abuse or
neglect.
``(6) Certification of provisions and procedures relating
to appeals.--A certification that not later than 2 years
after the date of the enactment of this Act, the State shall
have laws and procedures in effect affording individuals an
opportunity to appeal an official finding of abuse or
neglect.
``(7) Certification of state procedures for developing and
reviewing written plans for permanent placement of removed
children.--A certification that the State has in effect
procedures for ensuring that a written plan is prepared for
children who have been removed from their families. Such plan
shall specify the goals for achieving a permanent placement
for the child in a timely fashion, for ensuring that the
written plan is reviewed every 6 months (until such placement
is achieved), and for ensuring that information about such
children is collected regularly and recorded in case records,
and include a description of such procedures.
``(8) Certification of state program to provide independent
living services.--A certification that the State has in
effect a program to provide independent living services, for
assistance in making the transition to self-sufficient
adulthood, to individuals in the child protection program of
the State who are 16, but who are not 20 (or, at the option
of the State, 22), years of age, and who do not have a family
to which to be returned.
``(9) Certification of state procedures to respond to
reporting of medical neglect of disabled infants.--
``(A) In general.--A certification that the State has in
place for the purpose of responding to the reporting of
medical neglect of infants (including instances of
withholding of medically indicated treatment from disabled
infants with life-threatening conditions), procedures or
programs, or both (within the State child protective services
system), to provide for--
``(i) coordination and consultation with individuals
designated by and within appropriate health-care facilities;
``(ii) prompt notification by individuals designated by and
within appropriate health-care facilities of cases of
suspected medical neglect (including instances of withholding
of medically indicated treatment from disabled infants with
life-threatening conditions); and
``(iii) authority, under State law, for the State child
protective service to pursue any legal remedies, including
the authority to initiate legal proceedings in a court of
competent jurisdiction, as may be necessary to prevent the
withholding of medically indicated treatment from disabled
infants with life-threatening conditions.
``(B) Withholding of medically indicated treatment.--As
used in subparagraph (A), the term `withholding of medically
indicated treatment' means the failure to respond to the
infant's life-threatening conditions by providing treatment
(including appropriate nutrition, hydration, and medication)
which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in
ameliorating or correcting all such conditions, except that
such term does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or medication)
to an infant when, in the treating physician's or physicians'
reasonable medical judgment--
``(i) the infant is chronically and irreversibly comatose;
``(ii) the provision of such treatment would--
``(I) merely prolong dying;
``(II) not be effective in ameliorating or correcting all
of the infant's life-threatening conditions; or
``(III) otherwise be futile in terms of the survival of the
infant; or
``(iii) the provision of such treatment would be virtually
futile in terms of the survival of the infant and the
treatment itself under such circumstances would be inhumane.
``(10) Identification of child protection goals.--The
quantitative goals of the State child protection program.
``(11) Certification of child protection standards.--With
respect to fiscal years beginning on or after April 1, 1996,
a certification that the State--
``(A) has completed an inventory of all children who,
before the inventory, had been in foster care under the
responsibility of the State for 6 months or more, which
determined--
``(i) the appropriateness of, and necessity for, the foster
care placement;
``(ii) whether the child could or should be returned to the
parents of the child or should be freed for adoption or other
permanent placement; and
``(iii) the services necessary to facilitate the return of
the child or the placement of the child for adoption or legal
guardianship;
``(B) is operating, to the satisfaction of the Secretary--
``(i) a statewide information system from which can be
readily determined the status, demographic characteristics,
location, and goals for the placement of every child who is
(or, within the immediately preceding 12 months, has been) in
foster care;
``(ii) a case review system for each child receiving foster
care under the supervision of the State;
``(iii) a service program designed to help children--
``(I) where appropriate, return to families from which they
have been removed; or
``(II) be placed for adoption, with a legal guardian, or if
adoption or legal guardianship is determined not to be
appropriate for a child, in some other planned, permanent
living arrangement; and
``(iv) a preplacement preventive services program designed
to help children at risk for foster care placement remain
with their families; and
``(C)(i) has reviewed (or not later than October 1, 1997,
will review) State policies and administrative and judicial
procedures in effect for children abandoned at or shortly
after birth (including policies and procedures providing for
legal representation of such children); and
``(ii) is implementing (or not later than October 1, 1997,
will implement) such policies and procedures as the State
determines, on the basis of the review described in clause
(i), to be necessary to enable permanent decisions to be made
expeditiously with respect to the placement of such children.
``(12) Certification of reasonable efforts before placement
of children in foster care.--A certification that the State
in each case will--
``(A) make reasonable efforts prior to the placement of a
child in foster care, to prevent or eliminate the need for
removal of the child from the child's home, and to make it
possible for the child to return home; and
``(B) with respect to families in which abuse or neglect
has been confirmed, provide services or referral for services
for families and children where the State makes a
determination that the child may safely remain with the
family.
``(13) Certification of confidentiality and requirements
for information disclosure.--
``(A) In general.--A certification that the State has in
effect and operational--
``(i) requirements ensuring that reports and records made
and maintained pursuant to the purposes of this part shall
only be made available to--
[[Page 1666]]
``(I) individuals who are the subject of the report;
``(II) Federal, State, or local government entities, or any
agent of such entities, having a need for such information in
order to carry out their responsibilities under law to
protect children from abuse and neglect;
``(III) child abuse citizen review panels;
``(IV) child fatality review panels;
``(V) a grand jury or court, upon a finding that
information in the record is necessary for the determination
of an issue before the court or grand jury; and
``(VI) other entities or classes of individuals statutorily
authorized by the State to receive such information pursuant
to a legitimate State purpose; and
``(ii) provisions that allow for public disclosure of the
findings or information about cases of child abuse or neglect
that have resulted in a child fatality or near fatality.
``(B) Limitation.--Disclosures made pursuant to clause (i)
or (ii) shall not include the identifying information
concerning the individual initiating a report or complaint
alleging suspected instances of child abuse or neglect.
``(C) Definition.--For purposes of this paragraph, the term
`near fatality' means an act that, as certified by a
physician, places the child in serious or critical condition.
``(b) Determinations.--The Secretary shall determine
whether a plan submitted pursuant to subsection (a) contains
the material required by subsection (a), other than the
material described in paragraph (9) of such subsection. The
Secretary may not require a State to include in such a plan
any material not described in subsection (a).
``SEC. 103. DATA COLLECTION AND REPORTING.
``(a) National Child Abuse and Neglect Data System.--The
Secretary shall establish a national data collection and
analysis program--
``(1) which, to the extent practicable, coordinates
existing State child abuse and neglect reports and which
shall include--
``(A) standardized data on substantiated, as well as false,
unfounded, or unsubstantiated reports; and
``(B) information on the number of deaths due to child
abuse and neglect; and
``(2) which shall collect, compile, analyze, and make
available State child abuse and neglect reporting information
which, to the extent practical, is universal and case-
specific and integrated with other case-based foster care and
adoption data collected by the Secretary.
``(b) Adoption and Foster Care and Analysis and Reporting
Systems.--The Secretary shall implement a system for the
collection of data relating to adoption and foster care in
the United States. Such data collection system shall--
``(1) avoid unnecessary diversion of resources from
agencies responsible for adoption and foster care;
``(2) assure that any data that is collected is reliable
and consistent over time and among jurisdictions through the
use of uniform definitions and methodologies;
``(3) provide comprehensive national information with
respect to--
``(A) the demographic characteristics of adoptive and
foster children and their biological and adoptive or foster
parents;
``(B) the status of the foster care population (including
the number of children in foster care, length of placement,
type of placement, availability for adoption, and goals for
ending or continuing foster care);
``(C) the number and characteristics of--
``(i) children placed in or removed from foster care;
``(ii) children adopted or with respect to whom adoptions
have been terminated; and
``(iii) children placed in foster care outside the State
which has placement and care responsibility; and
``(D) the extent and nature of assistance provided by
Federal, State, and local adoption and foster care programs
and the characteristics of the children with respect to whom
such assistance is provided; and
``(4) utilize appropriate requirements and incentives to
ensure that the system functions reliably throughout the
United States.
``(c) Additional Information.--The Secretary may require
the provision of additional information under the data
collection system established under subsection (b) if the
addition of such information is agreed to by a majority of
the States.
``(d) Annual Report by the Secretary.--Within 6 months
after the end of each fiscal year, the Secretary shall
prepare a report based on information provided by the States
for the fiscal year pursuant to this section, and shall make
the report and such information available to the Congress and
the public.
``TITLE II--RESEARCH, DEMONSTRATIONS, TRAINING, AND TECHNICAL
ASSISTANCE
``SEC. 201. RESEARCH GRANTS.
``(a) In General.--The Secretary, in consultation with
appropriate Federal officials and recognized experts in the
field, shall award grants or contracts for the conduct of
research in accordance with subsection (b).
``(b) Research.--Research projects to be conducted using
amounts received under this section--
``(1) shall be designed to provide information to better
protect children from abuse or neglect and to improve the
well-being of abused or neglected children, with at least a
portion of any such research conducted under a project being
field initiated;
``(2) shall at a minimum, focus on--
``(A) the nature and scope of child abuse and neglect;
``(B) the causes, prevention, assessment, identification,
treatment, cultural and socioeconomic distinctions, and the
consequences of child abuse and neglect;
``(C) appropriate, effective and culturally sensitive
investigative, administrative, and judicial procedures with
respect to cases of child abuse; and
``(D) the national incidence of child abuse and neglect,
including--
``(i) the extent to which incidents of child abuse are
increasing or decreasing in number and severity;
``(ii) the incidence of substantiated and unsubstantiated
reported child abuse cases;
``(iii) the number of substantiated cases that result in a
judicial finding of child abuse or neglect or related
criminal court convictions;
``(iv) the extent to which the number of unsubstantiated,
unfounded and false reported cases of child abuse or neglect
have contributed to the inability of a State to respond
effectively to serious cases of child abuse or neglect;
``(v) the extent to which the lack of adequate resources
and the lack of adequate training of reporters have
contributed to the inability of a State to respond
effectively to serious cases of child abuse and neglect;
``(vi) the number of unsubstantiated, false, or unfounded
reports that have resulted in a child being placed in
substitute care, and the duration of such placement;
``(vii) the extent to which unsubstantiated reports return
as more serious cases of child abuse or neglect;
``(viii) the incidence and prevalence of physical, sexual,
and emotional abuse and physical and emotional neglect in
substitute care;
``(ix) the incidence and outcomes of abuse allegations
reported within the context of divorce, custody, or other
family court proceedings, and the interaction between this
venue and the child protective services system; and
``(x) the cases of children reunited with their families or
receiving family preservation services that result in
subsequent substantiated reports of child abuse and neglect,
including the death of the child; and
``(3) may include the appointment of an advisory board to--
``(A) provide recommendations on coordinating Federal,
State, and local child abuse and neglect activities at the
State level with similar activities at the State and local
level pertaining to family violence prevention;
``(B) consider specific modifications needed in State laws
and programs to reduce the number of unfounded or
unsubstantiated reports of child abuse or neglect while
enhancing the ability to identify and substantiate legitimate
cases of abuse or neglect which place a child in danger; and
``(C) provide recommendations for modifications needed to
facilitate coordinated national and Statewide data collection
with respect to child protection and child welfare.
``SEC. 202. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING
TO CHILD ABUSE.
``(a) Establishment.--The Secretary shall, through the
Department of Health and Human Services, or by one or more
contracts of not less than 3 years duration provided through
a competition, establish a national clearinghouse for
information relating to child abuse.
``(b) Functions.--The Secretary shall, through the
clearinghouse established by subsection (a)--
``(1) maintain, coordinate, and disseminate information on
all programs, including private programs, that show promise
of success with respect to the prevention, assessment,
identification, and treatment of child abuse and neglect;
``(2) maintain and disseminate information relating to--
``(A) the incidence of cases of child abuse and neglect in
the United States;
``(B) the incidence of such cases in populations determined
by the Secretary under section 105(a)(1) of the Child Abuse
Prevention, Adoption, and Family Services Act of 1988 (as
such section was in effect on the day before the date of
enactment of this Act); and
``(C) the incidence of any such cases related to alcohol or
drug abuse;
``(3) disseminate information related to data collected and
reported by States pursuant to section 103;
``(4) compile, analyze, and publish a summary of the
research conducted under section 201; and
``(5) solicit public comment on the components of such
clearinghouse.
``SEC. 203. GRANTS FOR DEMONSTRATION PROJECTS.
``(a) Awarding of General Grants.--The Secretary may make
grants to, and enter into contracts with, public and
nonprofit private agencies or organizations (or combinations
of such agencies or organizations) for the purpose of
developing, implementing, and operating time limited,
demonstration programs and projects for the following
purposes:
``(1) Innovative programs and projects.--The Secretary may
award grants to public agencies that demonstrate innovation
in responding to reports of child abuse and neglect including
programs of collaborative partnerships between the State
child protective service agency, community social service
agencies and family support programs, schools, churches and
synagogues, and other community agencies to allow for the
establishment of a triage system that--
[[Page 1667]]
``(A) accepts, screens and assesses reports received to
determine which such reports require an intensive
intervention and which require voluntary referral to another
agency, program or project;
``(B) provides, either directly or through referral, a
variety of community-linked services to assist families in
preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in jeopardy.
``(2) Kinship care programs and projects.--The Secretary
may award grants to public entities to assist such entities
in developing or implementing procedures using adult
relatives as the preferred placement for children removed
from their home, where such relatives are determined to be
capable of providing a safe nurturing environment for the
child and where, to the maximum extent practicable, such
relatives comply with relevant State child protection
standards.
``(3) Adoption opportunities.--The Secretary may award
grants to public entities to assist such entities in
developing or implementing programs to expand opportunities
for the adoption of children with special needs.
``(4) Family resource centers.--The Secretary may award
grants to public or nonprofit private entities to provide for
the establishment of family resource programs and support
services that--
``(A) develop, expand, and enhance statewide networks of
community-based, prevention-focused centers, programs, or
services that provide comprehensive support for families;
``(B) promote the development of parental competencies and
capacities in order to increase family stability;
``(C) support the additional needs of families with
children with disabilities;
``(D) foster the development of a continuum of preventive
services for children and families through State and
community-based collaborations and partnerships (both public
and private); and
``(E) maximize funding for the financing, planning,
community mobilization, collaboration, assessment,
information and referral, startup, training and technical
assistance, information management, reporting, and evaluation
costs for establishing, operating, or expanding a statewide
network of community-based, prevention-focused family
resource and support services.
``(5) Other innovative programs.--The Secretary may award
grants to public or private nonprofit organizations to assist
such entities in developing or implementing innovative
programs and projects that show promise of preventing and
treating cases of child abuse and neglect (such as Parents
Anonymous).
``(b) Grants for Abandoned Infant Programs.--The Secretary
may award grants to public and nonprofit private entities to
assist such entities in developing or implementing
procedures--
``(1) to prevent the abandonment of infants and young
children, including the provision of services to members of
the natural family for any condition that increases the
probability of abandonment of an infant or young child;
``(2) to identify and address the needs of abandoned
infants and young children;
``(3) to assist abandoned infants and young children to
reside with their natural families or in foster care, as
appropriate;
``(4) to recruit, train, and retain foster families for
abandoned infants and young children;
``(5) to carry out residential care programs for abandoned
infants and young children who are unable to reside with
their families or to be placed in foster care;
``(6) to carry out programs of respite care for families
and foster families of infants and young children; and
``(7) to recruit and train health and social services
personnel to work with families, foster care families, and
residential care programs for abandoned infants and young
children.
``(c) Evaluation.--In making grants for demonstration
projects under this section, the Secretary shall require all
such projects to be evaluated for their effectiveness.
Funding for such evaluations shall be provided either as a
stated percentage of a demonstration grant or as a separate
grant entered into by the Secretary for the purpose of
evaluating a particular demonstration project or group of
projects.
``SEC. 204. TECHNICAL ASSISTANCE.
``(a) Child Abuse and Neglect.--
``(1) In general.--The Secretary shall provide technical
assistance under this title to States to assist such States
in planning, improving, developing, and carrying out programs
and activities relating to the prevention, assessment
identification, and treatment of child abuse and neglect.
``(2) Evaluation.--Technical assistance provided under
paragraph (1) may include an evaluation or identification
of--
``(A) various methods and procedures for the investigation,
assessment, and prosecution of child physical and sexual
abuse cases;
``(B) ways to mitigate psychological trauma to the child
victim; and
``(C) effective programs carried out by the States under
this Act.
``(b) Adoption Opportunities.--The Secretary shall provide,
directly or by grant to or contract with public or private
nonprofit agencies or organizations--
``(1) technical assistance and resource and referral
information to assist State or local governments with
termination of parental rights issues, in recruiting and
retaining adoptive families, in the successful placement of
children with special needs, and in the provision of pre- and
post-placement services, including post-legal adoption
services; and
``(2) other assistance to help State and local governments
replicate successful adoption-related projects from other
areas in the United States.
``SEC. 205. TRAINING RESOURCES.
``(a) Training Programs.--The Secretary may award grants to
public or private nonprofit organizations--
``(1) for the training of professional and paraprofessional
personnel in the fields of medicine, law, education, law
enforcement, social work, and other relevant fields who are
engaged in, or intend to work in, the field of prevention,
identification, and treatment of child abuse and neglect,
including the links between domestic violence and child
abuse;
``(2) to provide culturally specific instruction in methods
of protecting children from child abuse and neglect to
children and to persons responsible for the welfare of
children, including parents of and persons who work with
children with disabilities; and
``(3) to improve the recruitment, selection, and training
of volunteers serving in private and public nonprofit
children, youth and family service organizations in order to
prevent child abuse and neglect through collaborative
analysis of current recruitment, selection, and training
programs and development of model programs for dissemination
and replication nationally.
``(b) Dissemination of Information.--The Secretary may
provide for and disseminate information relating to various
training resources available at the State and local level
to--
``(1) individuals who are engaged, or who intend to engage,
in the prevention, identification, assessment, and treatment
of child abuse and neglect; and
``(2) appropriate State and local officials, including
prosecutors, to assist in training law enforcement, legal,
judicial, medical, mental health, education, and child
welfare personnel in appropriate methods of interacting
during investigative, administrative, and judicial
proceedings with children who have been subjected to abuse.
``SEC. 206. APPLICATIONS AND AMOUNTS OF GRANTS.
``(a) Requirement of Application.--The Secretary may not
make a grant to a State or other entity under this title
unless--
``(1) an application for the grant is submitted to the
Secretary;
``(2) with respect to carrying out the purpose for which
the grant is to be made, the application provides assurances
of compliance satisfactory to the Secretary; and
``(3) the application otherwise is in such form, is made in
such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this title.
``(b) Amount of Grant.--The Secretary shall determine the
amount of a grant to be awarded under this title.
``SEC. 207. PEER REVIEW FOR GRANTS.
``(a) Establishment of Peer Review Process.--
``(1) In general.--The Secretary shall, in consultation
with experts in the field and other Federal agencies,
establish a formal, rigorous, and meritorious peer review
process for purposes of evaluating and reviewing applications
for grants under this title and determining the relative
merits of the projects for which such assistance is
requested. The purpose of this process is to enhance the
quality and usefulness of research in the field of child
abuse and neglect.
``(2) Requirements for members.--In establishing the
process required by paragraph (1), the Secretary shall
appoint to the peer review panels only members who are
experts in the field of child abuse and neglect or related
disciplines, with appropriate expertise in the application to
be reviewed, and who are not individuals who are officers or
employees of the Administration for Children and Families.
The panels shall meet as often as is necessary to facilitate
the expeditious review of applications for grants and
contracts under this title, but may not meet less than once a
year. The Secretary shall ensure that the peer review panel
utilizes scientifically valid review criteria and scoring
guidelines for review committees.
``(b) Review of Applications for Assistance.--Each peer
review panel established under subsection (a)(1) that reviews
any application for a grant shall--
``(1) determine and evaluate the merit of each project
described in such application;
``(2) rank such application with respect to all other
applications it reviews in the same priority area for the
fiscal year involved, according to the relative merit of all
of the projects that are described in such application and
for which financial assistance is requested; and
``(3) make recommendations to the Secretary concerning
whether the application for the project shall be approved.
The Secretary shall award grants under this title on the
basis of competitive review.
``(c) Notice of Approval.--
``(1) In general.--The Secretary shall provide grants under
this title from among the projects which the peer review
panels established under subsection (a)(1) have determined to
have merit.
``(2) Requirement of explanation.--In the instance in which
the Secretary approves an
[[Page 1668]]
application for a program under this title without having
approved all applications ranked above such application, the
Secretary shall append to the approved application a detailed
explanation of the reasons relied on for approving the
application and for failing to approve each pending
application that is superior in merit.
``SEC. 208. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
``(a) In General.--The Secretary shall conduct a national
study based on random samples of children who are at risk of
child abuse or neglect, or are determined by States to have
been abused or neglected, and such other research as may be
necessary.
``(b) Requirements.--The study required by subsection (a)
shall--
``(1) have a longitudinal component; and
``(2) yield data reliable at the State level for as many
States as the Secretary determines is feasible.
``(c) Preferred Contents.--In conducting the study required
by subsection (a), the Secretary should--
``(1) collect data on the child protection programs of
different small States (or different groups of such States)
in different years to yield an occasional picture of the
child protection programs of such States;
``(2) carefully consider selecting the sample from cases of
confirmed abuse or neglect; and
``(3) follow each case for several years while obtaining
information on, among other things--
``(A) the type of abuse or neglect involved;
``(B) the frequency of contact with State or local
agencies;
``(C) whether the child involved has been separated from
the family, and, if so, under what circumstances;
``(D) the number, type, and characteristics of out-of-home
placements of the child; and
``(E) the average duration of each placement.
``(d) Reports.--
``(1) In general.--From time to time, the Secretary shall
prepare reports summarizing the results of the study required
by subsection (a).
``(2) Availability.--The Secretary shall make available to
the public any report prepared under paragraph (1), in
writing or in the form of an electronic data tape.
``(3) Authority to charge fee.--The Secretary may charge
and collect a fee for the furnishing of reports under
paragraph (2).
``(4) Funding.--The Secretary shall carry out this section
using amounts made available under section 425 of the Social
Security Act.
``TITLE III--GENERAL PROVISIONS
``SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
``(a) Title I.--There are authorized to be appropriated to
carry out title I, $230,000,000 for fiscal year 1996, and
such sums as may be necessary for each of the fiscal years
1997 through 2002.
``(b) Title II.--
``(1) In general.--Of the amount appropriated under
subsection (a) for a fiscal year, the Secretary shall make
available 12 percent of such amount to carry out title II
(except for sections 203 and 208).
``(2) Grants for demonstration projects.--Of the amount
made available under paragraph (1) for a fiscal year, the
Secretary shall make available not less than 40 percent of
such amount to carry out section 203.
``(c) Indian Tribes.--Of the amount appropriated under
subsection (a) for a fiscal year, the Secretary shall make
available 1 percent of such amount to provide grants and
contracts to Indian tribes and Tribal Organizations.
``(d) Availability of Appropriations.--Amounts appropriated
under subsection (a) shall remain available until expended.
``SEC. 302. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE
AND NEGLECT CASES.
``(a) Grants to States.--The Secretary, in consultation
with the Attorney General, is authorized to make grants to
the States for the purpose of assisting States in developing,
establishing, and operating programs designed to improve--
``(1) the handling of child abuse and neglect cases,
particularly cases of child sexual abuse and exploitation, in
a manner which limits additional trauma to the child victim;
``(2) the handling of cases of suspected child abuse or
neglect related fatalities; and
``(3) the investigation and prosecution of cases of child
abuse and neglect, particularly child sexual abuse and
exploitation.
``(b) Eligibility Requirements.--In order for a State to
qualify for assistance under this section, such State shall--
``(1) be an eligible State under section 102;
``(2) establish a task force as provided in subsection (c);
``(3) fulfill the requirements of subsection (d);
``(4) submit annually an application to the Secretary at
such time and containing such information and assurances as
the Secretary considers necessary, including an assurance
that the State will--
``(A) make such reports to the Secretary as may reasonably
be required; and
``(B) maintain and provide access to records relating to
activities under subsection (a); and
``(5) submit annually to the Secretary a report on the
manner in which assistance received under this program was
expended throughout the State, with particular attention
focused on the areas described in paragraphs (1) through (3)
of subsection (a).
``(c) State Task Forces.--
``(1) General rule.--Except as provided in paragraph (2), a
State requesting assistance under this section shall
establish or designate, and maintain, a State
multidisciplinary task force on children's justice (hereafter
in this section referred to as `State task force') composed
of professionals with knowledge and experience relating to
the criminal justice system and issues of child physical
abuse, child neglect, child sexual abuse and exploitation,
and child maltreatment related fatalities. The State task
force shall include--
``(A) individuals representing the law enforcement
community;
``(B) judges and attorneys involved in both civil and
criminal court proceedings related to child abuse and neglect
(including individuals involved with the defense as well as
the prosecution of such cases);
``(C) child advocates, including both attorneys for
children and, where such programs are in operation, court
appointed special advocates;
``(D) health and mental health professionals;
``(E) individuals representing child protective service
agencies;
``(F) individuals experienced in working with children with
disabilities;
``(G) parents; and
``(H) representatives of parents' groups.
``(2) Existing task force.--As determined by the Secretary,
a State commission or task force established after January 1,
1983, with substantially comparable membership and functions,
may be considered the State task force for purposes of this
subsection.
``(d) State Task Force Study.--Before a State receives
assistance under this section, and at 3-year intervals
thereafter, the State task force shall comprehensively--
``(1) review and evaluate State investigative,
administrative and both civil and criminal judicial handling
of cases of child abuse and neglect, particularly child
sexual abuse and exploitation, as well as cases involving
suspected child maltreatment related fatalities and cases
involving a potential combination of jurisdictions, such as
interstate, Federal-State, and State-Tribal; and
``(2) make policy and training recommendations in each of
the categories described in subsection (e).
The task force may make such other comments and
recommendations as are considered relevant and useful.
``(e) Adoption of State Task Force Recommendations.--
``(1) General rule.--Subject to the provisions of paragraph
(2), before a State receives assistance under this section, a
State shall adopt recommendations of the State task force in
each of the following categories--
``(A) investigative, administrative, and judicial handling
of cases of child abuse and neglect, particularly child
sexual abuse and exploitation, as well as cases involving
suspected child maltreatment related fatalities and cases
involving a potential combination of jurisdictions, such as
interstate, Federal-State, and State-Tribal, in a manner
which reduces the additional trauma to the child victim and
the victim's family and which also ensures procedural
fairness to the accused;
``(B) experimental, model and demonstration programs for
testing innovative approaches and techniques which may
improve the prompt and successful resolution of civil and
criminal court proceedings or enhance the effectiveness of
judicial and administrative action in child abuse and neglect
cases, particularly child sexual abuse and exploitation
cases, including the enhancement of performance of court-
appointed attorneys and guardians ad litem for children; and
``(C) reform of State laws, ordinances, regulations,
protocols and procedures to provide comprehensive protection
for children from abuse, particularly child sexual abuse and
exploitation, while ensuring fairness to all affected
persons.
``(2) Exemption.--As determined by the Secretary, a State
shall be considered to be in fulfillment of the requirements
of this subsection if--
``(A) the State adopts an alternative to the
recommendations of the State task force, which carries out
the purpose of this section, in each of the categories under
paragraph (1) for which the State task force's
recommendations are not adopted; or
``(B) the State is making substantial progress toward
adopting recommendations of the State task force or a
comparable alternative to such recommendations.
``(f) Funds Available.--For grants under this section, the
Secretary shall use the amount authorized by section 1404A of
the Victims of Crime Act of 1984.
``SEC. 303. TRANSITIONAL PROVISION.
``A State or other entity that has a grant, contract, or
cooperative agreement in effect, on the date of enactment of
this Act, under the Family Resource and Support Program, the
Community-Based Family Resource Program, the Family Support
Center Program, the Emergency Child Abuse Prevention Grant
Program, the Abandoned Infants Assistance Act of 1988, or the
Temporary Child Care for Children with Disabilities and
Crisis Nurseries Programs shall continue to receive funds
under such grant, contract, or cooperative agreement, subject
to the original terms under which such funds were provided,
through the end of the applicable grant, contract, or
agreement cycle.
[[Page 1669]]
``SEC. 304. RULE OF CONSTRUCTION.
``(a) In General.--Nothing in this Act, or in part B or E
of title IV of the Social Security Act, shall be construed--
``(1) as establishing a Federal requirement that a parent
or legal guardian provide a child any medical service or
treatment against the religious beliefs of the parent or
legal guardian; and
``(2) to require that a State find, or to prohibit a State
from finding, abuse or neglect in cases in which a parent or
legal guardian relies solely or partially upon spiritual
means rather than medical treatment, in accordance with the
religious beliefs of the parent or legal guardian.
``(b) State Requirement.--Notwithstanding subsection (a), a
State shall have in place authority under State law to permit
the child protective service system of the State to pursue
any legal remedies, including the authority to initiate legal
proceedings in a court of competent jurisdiction, to provide
medical care or treatment for a child when such care or
treatment is necessary to prevent or remedy serious harm to
the child, or to prevent the withholding of medically
indicated treatment from children with life threatening
conditions. Except with respect to the withholding of
medically indicated treatments from disabled infants with
life threatening conditions, case by case determinations
concerning the exercise of the authority of this subsection
shall be within the sole discretion of the State.''.
SEC. 4752. REAUTHORIZATIONS.
(a) Missing Children's Assistance Act.--Section 408 of the
Missing Children's Assistance Act (42 U.S.C. 5777) is
amended--
(1) by striking ``To'' and inserting ``(a) In General.--
To''
(2) by striking ``and 1996'' and inserting ``1996, and
1997''; and
(3) by adding at the end thereof the following new
subsection:
``(b) Evaluation.--The Administrator shall use not more
than 5 percent of the amount appropriated for a fiscal year
under subsection (a) to conduct an evaluation of the
effectiveness of the programs and activities established and
operated under this title.''.
(b) Victims of Child Abuse Act of 1990.--Section 214B of
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is
amended--
(1) in subsection (a)(2), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(2) in subsection (b)(2), by striking ``and 1996'' and
inserting ``1996, and 1997''.
SEC. 4753. REPEALS.
(a) In General.--The following provisions of law are
repealed:
(1) Title II of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.).
(2) The Abandoned Infants Assistance Act of 1988 (42 U.S.C.
670 note).
(3) The Temporary Child Care for Children with Disabilities
and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.).
(4) Subtitle F of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11481 et seq.).
(b) Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of the Congress and the Director of
the Office of Management and Budget, the Secretary of Health
and Human Services shall prepare and submit to the Congress a
legislative proposal in the form of an implementing bill
containing technical and conforming amendments to reflect the
repeals made by this section.
(2) Submission to congress.--Not later than 6 months after
the date of enactment of this subchapter, the Secretary of
Health and Human Services shall submit the implementing bill
referred to under paragraph (1).
Subtitle G--Reductions in Federal Government Positions
SEC. 4801. REDUCTIONS.
(a) Definitions.--As used in this section:
(1) Appropriate effective date.--The term ``appropriate
effective date'', used with respect to a Department referred
to in this section, means the date on which all provisions of
this Act (other than subtitle B of this title) that the
Department is required to carry out, and amendments and
repeals made by this Act to provisions of Federal law that
the Department is required to carry out, are effective.
(2) Covered activity.--The term ``covered activity'', used
with respect to a Department referred to in this section,
means an activity that the Department is required to carry
out under--
(A) a provision of this Act (other than subtitle B of this
title); or
(B) a provision of Federal law that is amended or repealed
by this Act (other than subtitle B of this title).
(b) Reports.--
(1) Contents.--Not later than January 1, 1997, each
Secretary referred to in paragraph (2) shall prepare and
submit to the relevant committees described in paragraph (3)
a report containing--
(A) the determinations described in subsection (c);
(B) appropriate documentation in support of such
determinations; and
(C) a description of the methodology used in making such
determinations.
(2) Secretary.--The Secretaries referred to in this
paragraph are--
(A) the Secretary of Agriculture;
(B) the Secretary of Education;
(C) the Secretary of Labor;
(D) the Secretary of Housing and Urban Development; and
(E) the Secretary of Health and Human Services.
(3) Relevant committees.--The relevant Committees described
in this paragraph are the following:
(A) With respect to each Secretary described in paragraph
(2), the Committee on Government Reform and Oversight of the
House of Representatives and the Committee on Governmental
Affairs of the Senate.
(B) With respect to the Secretary of Agriculture, the
Committee on Agriculture and the Committee on Economic and
Educational Opportunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(C) With respect to the Secretary of Education, the
Committee on Economic and Educational Opportunities of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate.
(D) With respect to the Secretary of Labor, the Committee
on Economic and Educational Opportunities of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate.
(E) With respect to the Secretary of Housing and Urban
Development, the Committee on Banking and Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(F) With respect to the Secretary of Health and Human
Services, the Committee on Economic and Educational
Opportunities of the House of Representatives, the Committee
on Labor and Human Resources of the Senate, the Committee on
Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate.
(4) Report on changes.--Not later than December 31, 1996,
and each December 31 thereafter, each Secretary referred to
in paragraph (2) shall prepare and submit to the relevant
Committees described in paragraph (3), a report concerning
any changes with respect to the determinations made under
subsection (c) for the year in which the report is being
submitted.
(c) Determinations.--Not later than December 31, 1996, each
Secretary referred to in subsection (b)(2) shall determine--
(1) the number of full-time equivalent positions required
by the Department headed by such Secretary to carry out the
covered activities of the Department, as of the day before
the date of enactment of this Act;
(2) the number of such positions required by the Department
to carry out the activities, as of the appropriate effective
date for the Department; and
(3) the difference obtained by subtracting the number
referred to in paragraph (2) from the number referred to in
paragraph (1).
(d) Actions.--Each Secretary referred to in subsection
(b)(2) shall take such actions as may be necessary, including
reduction in force actions, consistent with sections 3502 and
3595 of title 5, United States Code, to reduce the number of
positions of personnel of the Department--
(1) not later than 30 days after the appropriate effective
date for the Department involved, by at least 50 percent of
the difference referred to in subsection (c)(3); and
(2) not later than 13 months after such appropriate
effective date, by at least the remainder of such difference
(after the application of paragraph (1)).
(e) Consistency.--
(1) Education.--The Secretary of Education shall carry out
this section in a manner that enables the Secretary to meet
the requirements of this section.
(2) Labor.--The Secretary of Labor shall carry out this
section in a manner that enables the Secretary to meet the
requirements of this section.
(3) Health and human services.--The Secretary of Health and
Human Services shall carry out this section in a manner that
enables the Secretary to meet the requirements of this
section and sections 4802 and 4803.
(f) Calculation.--In determining, under subsection (c), the
number of full-time equivalent positions required by a
Department to carry out a covered activity, a Secretary
referred to in subsection (b)(2) shall include the number of
such positions occupied by personnel carrying out program
functions or other functions (including budgetary,
legislative, administrative, planning, evaluation, and legal
functions) related to the activity.
(g) General Accounting Office Report.--Not later than July
1, 1997, the Comptroller General of the United States shall
prepare and submit to the committees described in subsection
(b)(3), a report concerning the determinations made by each
Secretary under subsection (c). Such report shall contain an
analysis of the determinations made by each Secretary under
subsection (c) and a determination as to whether further
reductions in full-time equivalent positions are appropriate.
SEC. 4802. REDUCTIONS IN FEDERAL BUREAUCRACY.
(a) In General.--The Secretary of Health and Human Services
shall reduce the Federal workforce within the Department of
Health and Human Services by an amount equal to the sum of--
(1) 75 percent of the full-time equivalent positions at
such Department that relate to any direct spending program,
or any program funded through discretionary spending, that
has been converted into a block grant program under this Act
and the amendments made by this Act; and
(2) an amount equal to 75 percent of that portion of the
total full-time equivalent de
[[Page 1670]]
partmental management positions at such Department that bears
the same relationship to the amount appropriated for the
programs referred to in paragraph (1) as such amount relates
to the total amount appropriated for use by such Department.
(b) Reductions in the Department of Health and Human
Services.--Notwithstanding any other provision of this Act,
the Secretary of Health and Human Services shall take such
actions as may be necessary, including reductions in force
actions, consistent with sections 3502 and 3595 of title 5,
United States Code, to reduce the full-time equivalent
positions within the Department of Health and Human
Services--
(1) by 245 full-time equivalent positions related to the
program converted into a block grant under the amendment made
by section 103; and
(2) by 60 full-time equivalent managerial positions in the
Department.
SEC. 4803. REDUCING PERSONNEL IN WASHINGTON, D.C. AREA.
In making reductions in full-time equivalent positions, the
Secretary of Health and Human Services is encouraged to
reduce personnel in the Washington, D.C., area office (agency
headquarters) before reducing field personnel.
Subtitle H--Miscellaneous
SEC. 4901. APPROPRIATION BY STATE LEGISLATURES.
(a) In General.--Any funds received by a State under the
provisions of law specified in subsection (b) shall be
subject to appropriation by the State legislature, consistent
with the terms and conditions required under such provisions
of law.
(b) Provisions of Law.--The provisions of law specified in
this subsection are the following:
(1) Part A of title IV of the Social Security Act (relating
to block grants for temporary assistance for needy families).
(2) Section 25 of the Food Stamp Act of 1977 (relating to
the optional State food assistance block grant).
(3) The Child Care and Development Block Grant Act of 1990
(relating to block grants for child care).
SEC. 4902. SANCTIONING FOR TESTING POSITIVE FOR CONTROLLED
SUBSTANCES.
Notwithstanding any other provision of law, States shall
not be prohibited by the Federal Government from testing
welfare recipients for use of controlled substances nor from
sanctioning welfare recipients who test positive for use of
controlled substances.
SEC. 4903. REDUCTION IN BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES.
Section 2003(c) of the Social Security Act (42 U.S.C.
1397b(c)) is amended--
(1) by striking ``and'' at the end of paragraph (4); and
(2) by striking paragraph (5) and inserting the following:
``(5) $2,800,000,000 for each of the fiscal years 1990
through 1995;
``(6) $2,520,000,000 for each of the fiscal years 1997
through 2002; and
``(7) $2,380,000,000 for the fiscal year 2003 and each
succeeding fiscal year.''.
The following further amendment, reported from the Committee of the
Whole House on the State of the Union, was agreed to:
Subsection (o) of section 6 of the Food Stamp Act of 1977
(7 U.S.C. 2015), as added by section 1033(a), is amended--
(1) in paragraph (2)--
(A) by striking ``, during the preceding 12-month
period,'',
(B) by inserting ``after the effective date of this
subsection'' after ``received'', and
(C) by striking ``4'' and insert ``3'', and
(2) in paragraph (5) by striking subparagraph (B) and
making such technical and conforming changes as may be
appropriate.
Section 1033 is amended by striking subsection (b) and
making such technical and conforming changes as may be
appropriate.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. TANNER moved to recommit the bill to the Committee on Budget with
instructions to report the bill back to the House forthwith with the
following amendment:
In section 408(a)(8)(A) of the Social Security Act, as
proposed to be added by section 4103(a)(1), insert ``cash''
before ``assistance to a family.''
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. ARMEY, announced that the nays had it.
Mr. TANNER demanded a recorded vote on the motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
203
<3-line {>
negative
Nays
220
para.90.17 [Roll No. 330]
AYES--203
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--220
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--10
de la Garza
Forbes
Lewis (CA)
Lincoln
McDade
McIntosh
Miller (CA)
Packard
Schiff
Young (FL)
[[Page 1671]]
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. ARMEY, announced that the nays had it.
Mr. SHAW demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
256
<3-line {>
affirmative
Nays
170
para.90.18 [Roll No. 331]
AYES--256
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOES--170
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--8
de la Garza
Forbes
Lincoln
McDade
Miller (CA)
Packard
Schiff
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.90.19 teamwork for employers and managers
On motion of Mr. GOODLING, by unanimous consent, the bill (H.R. 743)
to amend the National Labor Relations Act to allow labor management
cooperative efforts that improve economic competitiveness in the United
States to continue to thrive, and for other purposes; together with the
following amendment of the Senate thereto, was taken from the Speaker's
table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teamwork for Employees and
Managers Act of 1995''.
SEC. 2 FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) The escalating demands of global competition have
compelled an increasing number of employers in the United
States to make dramatic changes in workplace and employer-
employee relationships;
(2) such changes involve an enhanced role for the employee
in workplace decisionmaking, often referred to as ``Employee
Involvement'', which has taken many forms, including self-
managed work teams, quality-of-worklife, quality circles, and
joint labor-management committees;
(3) Employee Involvement programs, which operate
successfully in both unionized and nonunionized settings,
have been established by over 80 percent of the largest
employers in the United States and exist in an estimated
30,000 workplaces;
(4) in addition to enhancing the productivity and
competitiveness of businesses in the United States, Employee
Involvement programs have had a positive impact on the lives
of such employees, better enabling them to reach their
potential in the workforce;
(5) recognizing that foreign competitors have successfully
utilized Employee Involvement techniques, the Congress has
consistently joined business, labor and academic leaders in
encouraging and recognizing successful Employee Involvement
programs in the workplace through such incentives as the
Malcolm Baldrige National Quality Award;
(6) employers who have instituted legitimate Employee
Involvement programs have not done so to interfere with the
collective bargaining rights guaranteed by the labor laws, as
was the case in the 1930's when employers established
deceptive sham ``company unions'' to avoid unionization; and
(7) Employee Involvement is currently threatened by legal
interpretations of the prohibition against employer-dominated
``company unions''.
(b) Purposes.--The purpose of this Act is--
(1) to protect legitimate Employee Involvement programs
against governmental interference;
(2) to preserve existing protections against deceptive,
coercive employer practices; and
(3) to allow legitimate Employee Involvement programs, in
which workers may discuss issues involving terms and
conditions of employment, to continue to evolve and
proliferate.
SEC. 3. EMPLOYER EXCEPTION.
Section 8(a)(2) of the National Labor Relations Act is
amended by striking the semicolon and inserting the
following: ``: Provided further, That it shall not constitute
or be evidence of an unfair labor practice under this
paragraph for an employer to establish, assist, maintain, or
participate in any organization or entity of any kind, in
which employees who participate to at least the same extent
practicable as representatives of management participate, to
address matters of mutual interest, including, but not
limited to, issues of quality, productivity, efficiency, and
safety and health, and which does not have, claim, or seek
authority to be the exclusive bargaining representatives of
the employees or to negotiate or enter into collective
bargaining agreements with the employer or to amend existing
collective bargaining agreements between the employer and any
labor organization, except that in a case in which a labor
organization is the representative of such employees as
provided in section 9(a), this proviso shall not apply;''.
[[Page 1672]]
SEC. 4. LIMITATION ON EFFECT OF ACT.
Nothing in this Act shall affect employee rights and
responsibilities contained in provisions other than section
8(a)(2) of the National Labor Relations Act, as amended.
On motion of Mr. GOODLING, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.90.20 adjournment over
On motion of Mr. WALKER, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, July 22, 1996, at 10:30 a.m. for ``morning hour'' debates.
para.90.21 calendar wednesday business dispensed with
On motion of Mr. WALKER, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
24, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.90.22 committee on student financial assistance
The SPEAKER pro tempore, Mr. BARTON, by unanimous consent, announced
that, pursuant to the provisions of section 491 of the Higher Education
Act, as amended by section 407 of Public Law 99-498, the Speaker
appointed to the Committee on Student Financial Assistance, Mr. Thomas
E. Dillon of California and Mr. William A. Irwin of Pennsylvania, from
private life, on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.90.23 modification of conferees--h.r. 3230
The SPEAKER pro tempore, Mr. BARTON, by unanimous consent and pursuant
to clause 6(f) of rule X, announced the following modifications in the
appointment of conferees on the part of the House to the conference with
the Senate on the disagreeing votes of the two Houses on the amendments
of the Senate to the bill (H.R. 3230) to authorize appropriations for
fiscal year 1997 for military activities of the Department of Defense,
to prescrive military personnel strengths for fiscal year 1997, and for
other purposes:
Delete section 724 of the Senate amendment from the panel appointed
from the Committee on Commerce.
The panel from the Committee on Commerce, consisting of Messrs.
Bliley, Oxley, and Dingell, is also appointed for the consideration of
section 3174 of the Senate amendment, and modifications committed to
conference.
The panel from the Committee on Science is also appointed for the
consideration of section 1044 of the Senate amendment, and modifications
committed to conference.
Ordered, That the Clerk notify the Senate thereof.
para.90.24 senate concurrent resolution referred
A concurrent resolution of the Senate of the following title was taken
from the Speaker's table and, under the rule, referred as follows:
S. Con. Res. 64. Concurrent resolution to recognize and
honor the Filipino World War II veterans for their defense of
democratic ideals and their important contribution to the
outcome of World War II.
para.90.25 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 743. An Act to amend the National Labor Relations Act
to allow labor management cooperative efforts that improve
economic competitiveness in the United States to continue to
thrive, and for other purposes.
para.90.26 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 996. An Act for relief of Nathan C. Vance, and for other
purposes.
S. 1899. An Act entitled the ``Mollie Beattie Wilderness
Area Act.''.
para.90.27 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. MILLER of California, for today;
To Mr. UNDERWOOD, for today through July 23; and
To Mr. FORBES, for today.
And then,
para.90.28 adjournment
On motion of Mr. OWENS, pursuant to the special order heretofore
agreed to, at 7 o'clock and 24 minutes p.m., the House adjourned until
10:30 a.m. on Monday, July 22, 1996.
para.90.29 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1786. A
bill to regulate fishing in certain waters of Alaska; with an
amendment (Rept. No. 104-687). Referred to the Committee on
the Whole House on the State of the Union.
Mr. QUILLEN: Committee on Rules. House Resolution 483.
Resolution providing for consideration of the bill (H.R.
3816) making appropriations for energy and water development
for the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-688). Referred to the House Calendar.
Mr. WALSH: Committee on Appropriations. H.R. 3845. A bill
making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part
against revenues of said District for the fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
689). Referred to the Committee of the Whole House on the
State of the Union.
Mr. STUMP: Committee on Veterans' Affairs. H.R. 3118. A
bill to amend title 38, United States Code, to reform
eligibility for health care provided by the Department of
Veterans Affairs (Rept. No. 104-690). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1784. A
bill to validate certain conveyances made by the Southern
Pacific Transportation Company within the cities of Reno, NV,
and Tulare, CA, and for other purposes; with an amendment
(Rept. No. 104-691). Referred to the Committee of the Whole
House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 2940. A bill to amend the Deepwater Port
Act of 1974; with an amendment (Rept. No. 104-692 Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 2145. A bill to reauthorize and make
reforms to programs authorized by the Public Works and
Economic Development Act of 1965 and the Appalachian Regional
Development Act of 1965 (Rept. No. 104-693 Pt. 1). Ordered to
be printed.
para.90.30 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2940. Referral to the Committee on the Judiciary
extended for a period ending not later than July 18, 1996.
para.90.31 discharge of committee
Pursuant to clause 5 of rule X the Committee on the Judiciary
discharged from further consideration. H.R. 2940 referred to the
Committee of the Whole House on the State of the Union.
para.90.32 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WALSH:
H.R. 3845. A bill making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against revenues of said District for the
fiscal year ending September 30, 1997, and for other
purposes.
By Mr. GILMAN:
H.R. 3846. A bill to amend the Foreign Assistance Act of
1961 to authorize the provision of assistance for
microenterprises, and for other purposes; to the Committee on
International Relations.
By Mr. BARTON of Texas:
H.R. 3847. A bill to establish the Drug Abuse Prevention
and Treatment Administration, and for other purposes; to the
Committee on Commerce.
By Mr. BORSKI:
H.R. 3848. A bill to amend title 23, United States Code, to
include removal of graffiti within the meaning of
transportation enhancement activity; to the Committee on
Transportation and Infrastructure.
By Mr. BURR (for himself, Mr. Wicker, Mrs. Smith of
Washington, Mr. McIntosh, Mr. DeLay, Mr. Oxley, Mr.
Bachus, Mr. Flanagan, Mr. Schaefer, Mr. Borski, Mr.
Calvert, Mr. Stenholm, Mr. Sensenbrenner, Mr.
Ehrlich, Mr. Pastor, Mr. Graham, Mr. Frost, Ms.
Jackson-Lee, Mr. Hall of Texas, Mr. Lucas, Mr.
Nethercutt, and Mr. Solomon):
H.R. 3849. A bill to amend the Clean Air Act and the
Superfund Amendments and Re
[[Page 1673]]
authorization Act of 1986 to clarify the listing of a unique
chemical substance; to the Committee on Commerce, and in
addition to the Committee on Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CUNNINGHAM:
H.R. 3850. A bill to amend title 4, United States Code, to
declare English as the official language of the United
States; to the Committee on Economic and Educational
Opportunities.
H.R. 3851. A bill to authorize the Secretary of the
Interior to provide a loan guarantee to the Olivenhain Water
Storage Project, and for other purposes; to the Committee on
Resources.
By Mr. HEINEMAN:
H.R. 3852. A bill to prevent the illegal manufacturing and
use of methamphetamine; to the Committee on the Judiciary,
and in addition to the Committee on Commerce, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HILLEARY:
H.R. 3853. A bill to amend the Tennessee Valley Authority
Act of 1933 to prohibit the Authority from imposing a
performance deposit on any person constructing a dock or
making any other residential shoreline alteration; to the
Committee on Transportation and Infrastructure.
By Mr. KASICH:
H.R. 3854. A bill to authorize the reburial in the Memorial
Amphitheater at Arlington National Cemetery of two unknown
Americans who lost their lives during the Civil War, one
while serving in the Union Army of the United States and the
other while serving in the Army of the Confederate States of
America, and for other purposes; to the Committee on
Veterans' Affairs.
H.R. 3855. A bill to authorize the reburial in the Memorial
Amphitheater at Arlington National Cemetery of an unknown
American who lost his life while serving in the Union Army of
the United States during the Civil War, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. LoBIONDO (for himself, Mr. Zimmer, Mr. Saxton,
and Mrs. Roukema):
H.R 3856. A bill to amend title XVIII of the Social
Security Act to provide for prospective payment under the
Medicare Program for inpatient services of rehabilitation
hospitals and units based on discharges classified by
functional-related groups; to the Committee on Ways and
Means.
By Mrs. MORELLA (for herself, Mrs. Lowey, Ms. Roybal-
Allard, Ms. Waters, Ms. Brown of Florida, Ms. Furse,
Ms. Velazquez, Mrs. Meek of Florida, Mrs. Collins of
Illinois, Mrs. Maloney, Mrs. Schroeder, Ms. Lofgren,
Ms. Woolsey, Ms. Eddie Bernice Johnson of Texas, Mrs.
Kennelly, Ms. Pelosi, Mrs. Clayton, and Ms. Jackson-
Lee):
H.R. 3857. A bill to ensure economic equity for American
women and their families by promoting fairness in the
workplace, creating new economic opportunities for women
workers and women business owners, helping workers better
meet the competing demands of work and family, and enhancing
economic self-sufficiency through public and private pension
reform and improved child support and enforcement; to the
Committee on Ways and Means, and in addition to the
Committees on Agriculture, Banking and Financial Services,
Commerce, Economic and Educational Opportunities, Government
Reform and Oversight, House Oversight, International
Relations, the Judiciary, National Security, Resources, and
Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. THOMAS:
H.R. 3858. A bill to amend the Internal Revenue Code of
1986 to prevent, for unemployment compensation purposes,
services performed by a person committed to a penal
institution from being treated as employment; to the
Committee on Ways and Means.
By Mr. WHITFIELD (for himself and Mr. Hall of Texas):
H.R. 3859. A bill to amend section 1848 of the Social
Security Act to extend for 1 year the treatment of certain
practice relative value units under the Medicare payment
system for physicians' services; to the Committee on
Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Ms. WOOLSEY:
H.R. 3860. A bill to consolidate and expand Federal child
care services to promote self-sufficiency and support working
families, and for other purposes; to the Committee on
Economic and Educational Opportunities, and in addition to
the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KASICH:
H.J. Res. 185. Joint resolution to designate the Village of
Sunbury, OH, as ``Flagville, U.S.A.''; to the Committee on
Government Reform and Oversight.
By Mr. SMITH of Texas (for himself, Mr. Kennedy of
Massachusetts, Mr. Whitfield, Mr. Greenwood, Mr.
Johnson of South Dakota, Mr. Dornan, Mr. Barrett of
Wisconsin, Mrs. Maloney, Mr. Canady, Mr. Bentsen, Mr.
Solomon, Mr. Watts of Oklahoma, Mr. Green of Texas,
Mr. Kim, Mr. Foley, Mr. Durbin, Mr. Reed, Ms.
Lofgren, Mr. Scarborough, Mr. Inglis of South
Carolina, Ms. Norton, Mr. Weldon of Pennsylvania, Mr.
Bartlett of Maryland, Mr. Jacobs, Mr. Ehrlich, Mr.
Calvert, Mr. Lipinski, Mr. Wolf, Mr. Cunningham, Mrs.
Clayton, Mr. Portman, Mr. Dickey, Mr. Hinchey, Mrs.
Myrick, Mr. Weldon of Florida, Mr. Nethercutt, Mrs.
Kelly, Mr. Hutchinson, Mr. Roberts, Mr. Collins of
Georgia, Mr. Underwood, Mrs. Lincoln, Mr. Hastings of
Florida, Mr. Heineman, Mr. Wamp, Mr. Smith of
Michigan, Mrs. Fowler, Mr. Radanovich, Mr. Spence,
Mr. Souder, Mr. Hunter, Mr. Burton of Indiana, Mr.
Chambliss, Mr. Deal of Georgia, Ms. McKinney, Mr.
Poshard, Mr. LaFalce, Mr. Wilson, Mr. DeLay, Mr.
Stenholm, Mr. Packard, Mr. Largent, Mr. Hoke, Mr.
Frost, Ms. Kaptur, Mr. Pomeroy, Mr. Herger, Mr.
Evans, Mr. Castle, Mr. English of Pennsylvania, Mr.
Murtha, Mr. Wicker, Mr. Knollenberg, Mr. LaHood, Ms.
Rivers, Mr. Barton of Texas, Mr. Parker, Mr.
Stockman, Mr. Archer, Mr. Laughlin, Mr. Sam Johnson,
Mr. Combest, Mr. Thornberry, Mr. McCrery, Mr. Franks
of New Jersey, Mr. Filner, Mr. Ballenger, Mr. Moran,
Mr. Faleomavaega, Mr. Manzullo, Mrs. Collins of
Illinois, Mr. Clement, Ms. Roybal-Allard, and Mr.
Longley):
H. Res. 484. Resolution expressing the sense of the House
of Representatives that the major television networks should
revive their traditional ``Family Hour'' and voluntarily
reserve the first hour of prime-time broadcasting for family-
oriented programming; to the Committee on Commerce.
para.90.33 private bills and resolutions
Under clause 1 of rule XXII,
Mr. YOUNG of Alaska introduced a bill (H.R. 3861) for the
relief of Herman J. Koehler, III; which was referred to the
Committee on the Judiciary.
para.90.34 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 104: Mr. Stockman.
H.R. 878: Mr. Zimmer.
H.R. 973: Mr. Tate.
H.R. 1010: Mr. Coyne.
H.R. 1024: Mr. Sanford.
H.R. 1073: Mrs. Kelly, Mr. Hayworth, Ms. Dunn of
Washington, Mr. Hastings of Washington, Mr. Jackson, Mr.
Bishop, Mr. Tate, Ms. Millender-McDonald, Mr. Longley, and
Mr. White.
H.R. 1074: Mrs. Kelly, Mr. Hayworth, Ms. Dunn of
Washington, Mr. Hastings of Washington, Mr. Jackson, Mr.
Bishop, Ms. Millender-McDonald, and Mr. Longley.
H.R. 1462: Mr. Barr, Mrs. Clayton, Mr. Tejeda, Mr. Pombo,
Mr. Cummings, Mr. Duncan, and Mr. Pomeroy.
H.R. 1805: Mr. Zimmer.
H.R. 1863: Ms. Millender-McDonald.
H.R. 2178: Mr. Sawyer.
H.R. 2209: Mr. Skaggs, Mr. Shadegg, and Mr. Sanders.
H.R. 2247: Mr. Nadler and Mr. Weldon of Florida.
H.R. 2260: Mr. Latham.
H.R. 2270: Mr. Sanford.
H.R. 2367: Mr. Stockman.
H.R. 2472: Mr. Blumenauer.
H.R. 2480: Mr. Holden.
H.R. 2536: Mr. Coburn and Mr. Sanford.
H.R. 2701: Mr. Davis, Mr. Gekas, and Mr. Hyde.
H.R. 2748: Mr. Deutsch and Mr. Frost.
H.R. 2757: Mrs. Myrick and Mr. Frelinghuysen.
H.R. 2807: Mr. Clinger, Mr. Markey, Mr. Flake, and Mr.
Schaefer.
H.R. 2892: Ms. Pelosi and Mr. Evans.
H.R. 2912: Ms. Jackson-Lee and Mr. Scarborough.
H.R. 2942: Mr. DeFazio.
H.R. 3057: Mr. Torricelli, Ms. Furse, and Mr. Horn.
H.R. 3067: Mr. Farr.
H.R. 3102: Mr. Sanford.
H.R. 3118: Mr. Farr.
H.R. 3142: Mr. Yates, Mr. Heineman, Mr. Clement, Mr. Pete
Geren of Texas, and Mr. Gejdenson.
H.R. 3145: Mr. Fox.
H.R. 3199: Ms. Jackson-Lee and Mr. Neal of Massachusetts.
H.R. 3226: Mrs. Meyers of Kansas.
H.R. 3351: Mr. Owens.
H.R. 3362: Mr. Evans, Mrs. Thurman, Mr. Martinez, and Mr.
Fox.
H.R. 3401: Mr. Bilbray.
H.R. 3427: Mr. Livingston.
H.R. 3455: Mr. Matsui.
H.R. 3479: Mr. Gibbons.
H.R. 3565: Mr. Canady.
H.R. 3590: Ms. Rivers and Mr. Evans.
H.R. 3600: Mrs. Morella, Mrs. Johnson of Connecticut, Mr.
Nethercutt, and Mr. Campbell.
H.R. 3621: Mr. Payne of New Jersey.
H.R. 3644: Ms. Kaptur and Ms. Jackson-Lee.
[[Page 1674]]
H.R. 3716: Mr. Hobson and Mr. Largent.
H.R. 3726: Mr. Fox.
H.R. 3727: Mr. Kanjorski, Mr. Frost, Mr. Durbin, Mr.
Lipinski, Mr. Kennedy of Massachusetts, Mrs. Maloney, Mr.
Gonzalez, Mr. Gutierrez, Ms. Velazquez, Mr. Jackson, Mr.
LaFalce, Mrs. Kennelly, Mr. Watt of North Carolina, Ms.
Rivers, Mr. Ackerman, Mr. Dingell, Mr. Wynn, Ms. Lofgren, Mr.
Barrett of Wisconsin, and Mrs. Clayton.
H.R. 3746: Mr. Sawyer and Mr. Lipinski.
H.R. 3768: Mr. Moakley, Mr. Studds, Mr. Torkildsen, Mr.
Frank of Massachusetts, Mr. Neal of Massachusetts, Mr.
Kennedy of Massachusetts, Mr. Olver, and Mr. Markey.
H.R. 3776: Mr. Coburn and Mr. Hayworth.
H.R. 3793: Mr. Frost, Mr. English of Pennsylvania, Mr.
Barrett of Wisconsin, Mr. Sanford, and Mr. Upton.
H.R. 3807: Mr. McNulty.
H. Con. Res. 135: Mr. Berman, Mr. Bereuter, and Mrs.
Morella.
H. Con. Res. 164: Mr. Bereuter, Mr. Fattah, Mr. Lewis of
California, Ms. Lofgren, Mr. Petri, and Mr. Klink.
H. Con. Res. 194: Mr. Fox.
H. Con. Res. 197: Mr. Olver, Mr. DeFazio, Mr. Pallone, and
Mr. Evans.
H. Res. 200: Mr. Olver.
H. Res. 381: Mr. Olver.
H. Res. 439: Mr. Sanford.
H. Res. 452: Mr. Solomon.
para.90.35 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 1462: Mr. Stearns.
.
MONDAY, JULY 22, 1996 (91)
para.91.1 designation of speaker pro tempore
The House was called to order at 10:30 a.m. by the SPEAKER pro
tempore, Mr. PETRI, who laid before the House the following
communication:
Washington, DC,
July 22, 1996.
I hereby designate the Honorable Thomas E. Petri to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.91.2 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3161. An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Romania.
The message also announced that the Senate had passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 3610. An Act making appropriations for the Department
of Defense for the fiscal year ending September 30, 1997, and
for other purposes.
The message also announced that the Senate disagrees to the amendment
of the House to the bill (S. 1316) ``An Act to reauthorize and amend
title XIV of the Public Health Service Act (commonly known as the `Safe
Drinking Water Act'), and for other purposes,'' agrees to a conference
asked by the House on the disagreeing votes of the two Houses thereon,
and appoints Mr. Chafee, Mr. Kempthorne, Mr. Thomas, Mr. Warner, Mr.
Baucus, Mr. Reid, and Mr. Lautenberg, to be conferees on the part of the
Senate.
The message also announced that the Senate has passed a bill of the
following title in which the concurrence of the House is requested:
S. 919. An Act to modify and reauthorize the Child Abuse
Prevention and Treatment Act, and for other purposes.
The message further announced that the Senate insists upon its
amendment to the bill (H.R. 3610) ``An act making appropriations for the
Department of Defense for the fiscal year ending September 30, 1997, and
for other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Stevens,
Mr. Cochran, Mr. Specter, Mr. Domenici, Mr. Bond, Mr. McConnell, Mr.
Mack, Mr. Shelby, Mr. Gregg, Mr. Hatfield, Mr. Inouye, Mr. Hollings, Mr.
Johnston, Mr. Byrd, Mr. Leahy, Mr. Bumpers, Mr. Lautenberg, and Mr.
Harkin, to be the conferees on the part of the Senate.
para.91.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. PETRI, pursuant to the order of the House
of Friday, May 12, 1995, recognized Members for ``morning hour''
debates.
para.91.4 recess--10:37 a.m.
The SPEAKER pro tempore, Mr. PETRI, pursuant to clause 12 of rule I,
declared the House in recess until 12 o'clock noon.
para.91.5 after recess--12 noon
The SPEAKER pro tempore, Mr. WALKER, called the House to order.
para.91.6 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Thursday, July 18, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.91.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4217. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Nectarines and Fresh Peaches Grown in California; Assessment
Rate [Docket No. FV96-916-1 IFR] received July 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4218. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
United States Standards for Grades of Frozen Green and Frozen
Wax Beans [FV-95-326] received July 22, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4219. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Oranges and Grapefruit Grown in the Lower Rio Grande Valley
in Texas; Assessment Rate [Docket No. FY96-906-1 IFR]
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Agriculture.
4220. A letter from the Chairman and Chief Executive
Officer, Farm Credit Administration, transmitting the annual
report to the Administration for calendar year 1995, pursuant
to 12 U.S.C. 2252(a)(3); to the Committee on Agriculture..
4221. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Comprehensive Subcontracting Plans [DFARS Case 96-D304]
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on National Security.
4222. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Sale of HUD-Held Multifamily Mortgages [Docket
No. FR-3970-F-02] (RIN: 2502-AG59) received July 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4223. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Community Development Block Grant (CDBG) Program:
Small Cities and Insular Areas; Final Rule [Docket No. FR-
4048-F-1] (RIN: 2506-AB81) received July 22, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
4224. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Public Housing Management Assessment Program--
Conforming Change [Docket No. FR-3447-F-02] (RIN: 2577-AA89)
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
4225. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Indian HOME Program Streamlining [Docket No. FR-
3567-I-1] (RIN: 2577-AB35) received July 22, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
4226. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Single Family Miscellaneous Amendments,
Clarifications, and Corrections [Docket No. FR-3977-F-01]
(RIN: 2501-AG61) received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4227. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Supplemental Standards of Ethical Conduct for
Employees of the Department of Housing and Urban Development
[Docket No. FR-3331-F-01] (RIN: 2501-AB55, 3209-AA15)
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
4228. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Streamlining Mortgagee Requirements, [Docket No.
FR-3957-F-02] (RIN: 2502-AG57) received July 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4229. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Community Development Work Study Program;
Amendments [Docket No. FR-3902-F-01] (RIN: 2528-AA05)
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
4230. A letter from the General Counsel, Department of
Housing and Urban Development, Transmitting the Department's
final
[[Page 1675]]
rule--Streamlining of HUD Regulations Governing the
Protection of Human Subjects [Docket No. FR-4069-F-01] (RIN:
2501-AC26) received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4231. A letter from Chairman, Federal Reserve System,
Transmitting the Board's mid-year monetary policy report to
the Congress, pursuant to 12 U.S.C. 225a; to the Committee on
Banking and Financial Services.
4232. A letter from the Secretary of Housing and Urban
Development, transmitting a draft of proposed legislation
entitled the ``Older Americans Home Security Act 1996''; to
the Committee on Banking and Financial Services.
4233. A letter from the Director, Office of Regulatory
management and Information, environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Approval
and Promulgation of Carbon Monoxide Implementation Plan for
the State of Washington: Puget Sound Attainment Demonstration
[FRL-5538-3] received July 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4234. A letter from the Director, Office of Regulatory
management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Virginia;
Approval of Revised Confidentiality Provisions; Approval and
Disapproval of Minor New Source Permit Provisions [FRL-5534-
4] received July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4235. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation Plans; Illinois [FRL-5540-5] received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4236. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Final/Interim
Authorization of State Hazardous Waste Management Program
Revisions; South Dakota (FRL-5534-2) received July 18, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4237. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Louisiana State
Implementation Plan Revision; Major Source Definition
Corrections for Reasonably Available Control Technology
(RACT) Rules; Volatile Organic Compounds (VOC) RACT Catch-ups
(FRL-5525-8) received July 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4238. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Revision to the New
Jersey State Implementation Plan for Carbon Monoxide [Region
II Docket No. 142; SIPTRAX NJ15-2-6920] (FRL-5524-3) received
July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4239. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Revision to the New
York State Implementation Plan for Carbon Monoxide;
Determination of Length of Control Period for New York-
Northern New Jersey-Long Island Consolidated Metropolitan
Statistical Area [Region II Docket No. 151; SIPTRAX NY12-2-
6920] (FRL-5524-5) received July 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4240. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans Tennessee: Approval of
Revision to the Tennessee SIP and the Nashville/Davidson
County Portion of the Tennessee SIP Regarding Nitrogen Oxides
(FRL-5529-5) received July 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4241. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision, Kern County Air Pollution
Control District, Placer County Air Pollution Control
District, Ventura County Air Pollution Control District, and
San Joaquin Valley Unified Air Pollution Control District
[FRL-5527-6] received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4242. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Inspection/Maintenance
Flexibility Amendment (Ozone Transport Region) [FRL-5541-3]
received July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4243. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Wisconsin [FRL-5539-1]
received July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4244. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-298,
``Vending Site Lottery Assignment Amendment Temporary Act of
1996'' (received July 22, 1996), pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4245. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-300,
``Telecommunications Competition Act of 1996'' (received July
22, 1996), pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4246. A letter from the Executive Director, District of
Columbia Financial Responsibility and Management Assistance
Authority, transmitting a copy of the Authority's resolution
disapproving D.C. Act 11-281, ``Revised Fiscal Year 1997
Budget Request Act,'' pursuant to Public Law 104-8, section
202(c)(5)(C)(i)(II) (109 Stat. 112); to the Committee on
Government Reform and Oversight.
4247. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Circular 90-40; Introduction (48 CFR Chapter 1)
received July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
4248. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Contingent Fee Representation [FAC
90-40; FAR Case 93-009; Item I] (RIN: 9000-AG83) received
July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4249. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Simplified Acquisition Threshold/
Federal Acquisition Computer Network; and Micro-Purchase
Procedures [FAC 90-40; FAR Cases 94-770 and 94-771; Item II]
(RIN: 9000-AG18/9000-AG26) received July 18, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Government
Reform and Oversight.
4250. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Gratuities [FAC 90-40; FAR Case 96-
300; Item III] (RIN 9000-AH11) received July 18, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4251. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Disaster Relief Act [FAC 90-40; FAR
Case 93-303; Item IV] (RIN 9000-AG77) received July 18, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4252. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Responsibility Determinations [FAC
90-40; FAR Case 95-007; Item V] (RIN 9000-AG66) received July
18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4253. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Task and Delivery Orders [FAC 90-40;
FAR Case 94-711; Item VI] (RIN: 9000-AG50) received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4254. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Multiyear Contracting [FAC 90-40; FAR
Case 94-712; Item VII] (RIN: 9000-AG72) received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4255. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Small Business/Simplified Acquisition
Threshold [FAC 90-40; FAR Case 94-782; Item VIII] (RIN: 9000-
AH08) received July 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
4256. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Indian-Owned Economic Enterprises
[FAC 90-40; FAR Case 91-028; Item IX] (RIN: 9000-AE52)
received July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
4257. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; General Agreement on Tariffs and
Trade Patent Authorization [FAC 90-40; FAR Case 95-308; Item
X] (RIN: 9000-AH09) received July 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
4258. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal Ac
[[Page 1676]]
quisition Regulation; Performance and Payment Bonds [FAC 90-
40; FAR Case 91-027; Item XI] (RIN: 9000-AE47) received July
18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4259. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Employee compensation Costs [FAC 90-
40; FAR Case 93-005; Item XII] (RIN 9000-AF97) received July
18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4260. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Agency Procurement Protests [FAC 90-
40; FAR Case 95-309; Item XIII] (RIN 9000-AH10) received July
18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4261. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Value Engineering [FAC 90-40; FAR
Case 96-315; Item XIV] (RIN 9000-AH12) received July 18,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4262. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Termination Inventory Schedules [FAC
90-40; FAR Case 94-003; Item XV] (RIN 9000-AG13) received
July 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4263. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Small Entity Compliance Guide [FAC
90-40; received July 18, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
4264. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's study report on the American Discovery
Trail, pursuant to 16 U.S.C. 1244(b); to the Committee on
Resources.
4265. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Rolls-Royce, plc RB211 Series
Turbofan Engines (Federal Aviation Administration) [Docket
No. 94-ANE-39; Amendment 39-9672; AD 96-13-04] (RIN: 2120-
AA64) received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4266. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pratt & Whitney PW4000 Series
Turbofan Engines (Federal Aviation Administration) [Docket
No. 96-ANE-10; Amendment 39-9676; AD 96-13-08] (RIN: 2120-
AA64) received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4267. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Sikorsky Aircraft Model S-76B
Helicopters (Federal Aviation Administration) [Docket No. 96-
SW-16-AD; Amendment 39-9696; AD 96-15-03] (RIN: 2120-AA64)
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4268. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28625; Amdt. No. 1740] (RIN: 2120-AA65) received July 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4269. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28627; Amdt. No. 1742] (RIN: 2120-AA65) received July 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4270. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28626; Amdt. No. 1741] (RIN: 2120-AA65) received July 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4271. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Excess Flow Valve--Performance Standards (Research and
Special Programs Administration) [Docket No. PS-118;
Amendment 192-79] (RIN: 2137-AB97) received July 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4272. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Excess Flow Valve--Customer Notification (Research and
Special Programs Administration) [Docket No. PS-118A; Notice
1] (RIN: 2137-AC55) received July 22, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4273. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulatory Review; Gas Pipeline Safety Standards; Correction
(Research and Special Programs Administration) [Docket No.
PS-124; Amdt. 192078] (RIN: 2137-AC25) received July 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4274. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Qualification of Pipeline Control (Research and Special
Programs Administration) [Docket No. PS-94; Notice 5] (RIN:
2137-AB38) received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4275. A letter from the Administrator, Small Business
Administration, transmitting the annual report on minority
small business and capital ownership development for fiscal
year 1995, pursuant to Public Law 100-656, section 408 (102
Stat. 3877); to the Committee on Small Business.
4276. A letter from the Assistant Secretary for Employment
and Training, Department of Labor, transmitting the
Department's final rule--Unemployment Insurance Program
Letter No. 29-83, Change 3--received July 19, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4277. A letter from the Chief, Regulations Unit, U.S.
Customs Service, transmitting the Service's final rule--Rules
of Origin for Textile and Apparel Products (19 CFR Part 102)
received July 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
4278. A communication from the President of the United
States, transmitting notification for DOD to make purchases
and purchase commitments, and to enter into cost sharing
arrangements for equipment to develop manufacturing processes
under the Defense Production Act of 1950, as amended,
pursuant to 50 U.S.C. app. 2093(a)(6)(A) (H. Doc. No. 104-
249); jointly, to the Committees on Appropriations and
Banking and Financial Services, and ordered to be printed.
4279. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to amend the act
of May 13, 1954, Public Law 358 (33 U.S.C. 981, et seq.), as
amended, to improve the operation, maintenance, and safety of
the St. Lawrence Seaway, within the territorial limits of the
United States, by establishing the Saint Lawrence Seaway
Development Corporation as a performance based organization
in the Department of Transportation, and for other purposes;
jointly, to the Committees on Transportation and
Infrastructure, Government Reform and Oversight, and the
Budget.
4280. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation entitled the ``Forfeiture Act of 1996''; jointly,
to the Committees on the Judiciary, Ways and Means, Commerce,
Resources, and Banking and Financial Services.
para.91.8 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.91.9 message from the president--national emergency with respect
to libya
The SPEAKER pro tempore, Mr. WALKER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of January 22, 1996, concerning the national emergency with
respect to Libya that was declared in Executive Order No. 12543 of
January 7, 1986. This report is submitted pursuant to section 401(c) of
the National Emergencies Act, 50 U.S.C. 1641(c); section 204(c) of the
International Emergency Economic Powers Act (``IEEPA''), 50 U.S.C.
1703(c); and section 505(c) of the International Security and
Development Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c).
1. On January 3, 1996, I renewed for another year the national
emergency with respect to Libya pursuant to IEEPA. This renewal extended
the current comprehensive financial and trade embargo against Libya in
effect since 1986. Under these sanctions, all trade with Libya is
prohibited, and all assets owned or controlled by the Libyan Government
in the United States or in the possession or control of U.S. persons are
blocked.
2. There have been no amendments to the Libyan Sanctions Regulations,
31 C.F.R. Part 550 (the ``Regulations''), administered by the Office of
Foreign Assets Control (OFAC) of the Department of the Treasury, since
my last report on January 22, 1996.
3. During the current 6-month period, OFAC reviewed numerous
applications
[[Page 1677]]
for licenses to authorize transactions under the Regulations. Consistent
with OFAC's ongoing scrutiny of banking transactions, the largest
category of license approvals (91) concerned requests by non-Libyan
persons or entities to unblock transfers interdicted because of what
appeared to be Government of Libya interests. Three licenses were issued
for the expenditure of funds and acquisition of goods and services in
the United States by or on behalf of accredited persons and athletes of
Libya in connection with participation in the 1996 Paralympic Games.
One license was issued to authorize a U.S. company to initiate
litigation against an entity of the Government of Libya.
4. During the current 6-month period, OFAC continued to emphasize to
the international banking community in the United States the importance
of identifying and blocking payments made by or on behalf of Libya. The
Office worked closely with the banks to assure the effectiveness of
interdiction software systems used to identify such payments. During
the reporting period, more than 129 transactions potentially involving
Libya were interdicted, with an additional $7 million held blocked as
of May 15.
5. Since my last report, OFAC collected eight civil monetary
penalties totaling more than $51,000 for violations of the U.S.
sanctions against Libya. Two of the violations involved the failure of
banks to block funds transfers to Libyan-owned or Libyan-controlled
banks. Two other penalties were received from corporations for export
violations, including one received as part of a plea agreement before a
U.S. district judge. Four additional penalties were paid by U.S.
citizens engaging in Libyan oilfield-related transactions while another
30 cases involving similar violations are in active penalty processing.
On February 6, 1996, a jury sitting in the District of Connecticut
found two Connecticut businessmen guilty on charges of false
statements, conspiracy, and illegally diverting U.S.-origin technology
to Libya between 1987 and 1993 in violation of U.S. sanctions. On May
22, 1996, a major manufacturer of farm and construction equipment
entered a guilty plea in the United States District Court for the
Eastern District of Wisconsin for Libyan sanctions violations. A three-
count information charged the company with aiding and abetting the sale
of construction equipment and parts from a foreign affiliate to Libya.
The company paid $1,810,000 in criminal fines and $190,000 in civil
penalties. Numerous investigations carried over from prior reporting
periods are continuing and new reports of violations are being pursued.
6. The expenses incurred by the Federal Government in the 6-month
period from January 6 through July 6, 1996, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the Libyan national emergency are estimated at
approximately $730,000. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign
Assets Control, the Office of the General Counsel, and the U.S. Customs
Service), the Department of State, and the Department of Commerce.
7. The policies and actions of the Government of Libya continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. In adopting United Nations
Security Council Resolution 883 in November 1993, the Security Council
determined that the continued failure of the Government of Libya to
demonstrate by concrete actions its renunciation of terrorism, and in
particular its continued failure to respond fully and effectively to
the requests and decisions of the Security Council in Resolutions 731
and 748, concerning the bombing of the Pan Am 103 and UTA 772 flights,
constituted a threat to international peace and security. The United
States will continue to coordinate its comprehensive sanctions
enforcement efforts with those of other U.N. member states. We remain
determined to ensure that the perpetrators of the terrorist acts
against Pan Am 103 and UTA 772 are brought to justice. The families of
the victims in the murderous Lockerbie bombing and other acts of Libyan
terrorism deserve nothing less. I shall continue to exercise the powers
at my disposal to apply economic sanctions against Libya fully and
effectively, so long as those measures are appropriate, and will
continue to report periodically to the Congress on significant
developments as required by law.
William J. Clinton.
The White House, July 22, 1996.
The message was referred to the Committee on International Relations
and ordered to be printed (H. Doc. 104-248).
para.91.10 national gambling impact and policy commission
Mr. HYDE moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 497) to create the National
Gambling Impact and Policy Commission:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Gambling Impact
Study Commission Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the most recent Federal study of gambling in the United
States was completed in 1976;
(2) legalization of gambling has increased substantially
over the past 20 years, and State, local, and Native American
tribal governments have established gambling as a source of
jobs and additional revenue;
(3) the growth of various forms of gambling, including
electronic gambling and gambling over the Internet, could
affect interstate and international matters under the
jurisdiction of the Federal Government;
(4) questions have been raised regarding the social and
economic impacts of gambling, and Federal, State, local, and
Native American tribal governments lack recent, comprehensive
information regarding those impacts; and
(5) a Federal commission should be established to conduct a
comprehensive study of the social and economic impacts of
gambling in the United States.
SEC. 3. NATIONAL GAMBLING IMPACT STUDY COMMISSION.
(a) Establishment of Commission.--There is established a
commission to be known as the National Gambling Impact Study
Commission (hereinafter referred to in this Act as ``the
Commission''). The Commission shall--
(1) be composed of 9 members appointed in accordance with
subsection (b); and
(2) conduct its business in accordance with the provisions
of this Act.
(b) Membership.--
(1) In general.--The Commissioners shall be appointed for
the life of the Commission as follows:
(A) 3 shall be appointed by the President of the United
States.
(B) 3 shall be appointed by the Speaker of the House of
Representatives.
(C) 3 shall be appointed by the Majority Leader of the
Senate.
(2) Persons eligible.--The members of the Commission shall
be individuals who have knowledge or expertise, whether by
experience or training, in matters to be studied by the
Commission under section 4. The members may be from the
public or private sector, and may include Federal, State,
local, or Native American tribal officers or employees,
members of academia, non-profit organizations, or industry,
or other interested individuals.
(3) Consultation required.--The President, the Speaker of
the House of Representatives, and the Majority Leader of the
Senate shall consult among themselves prior to the
appointment of the members of the Commission in order to
achieve, to the maximum extent possible, fair and equitable
representation of various points of view with respect to the
matters to be studied by the Commission under section 4.
(4) Completion of appointments; vacancies.--The President,
the Speaker of the House of Representatives, and the Majority
Leader of the Senate shall conduct the consultation required
under paragraph (3) and shall each make their respective
appointments not later than 60 days after the date of
enactment of this Act. Any vacancy that occurs during the
life of the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment not later than 60 days after the vacancy
occurs.
(5) Operation of the commission.--
(A) Chairmanship.--The President, the Speaker of the House
of Representatives, and the Majority Leader of the Senate
shall jointly designate one member as the Chairman of the
Commission. In the event of a disagreement among the
appointing authorities, the Chairman shall be determined by a
majority vote of the appointing authorities. The
determination of which member shall be Chairman shall be made
not later than 15 days after the appointment of the last
member of the Commission, but in no case later than 75 days
after the date of enactment of this Act.
(B) Meetings.--The Commission shall meet at the call of the
Chairman. The initial meeting of the Commission shall be
conducted not later than 30 days after the appointment of the
last member of the Commission, or not later than 30 days
after the date on which appropriated funds are available for
the Commission, whichever is later.
(C) Quorum; voting; rules.--A majority of the members of
the Commission shall con
[[Page 1678]]
stitute a quorum to conduct business, but the Commission may
establish a lesser quorum for conducting hearings scheduled
by the Commission. Each member of the Commission shall have
one vote, and the vote of each member shall be accorded the
same weight. The Commission may establish by majority vote
any other rules for the conduct of the Commission's business,
if such rules are not inconsistent with this Act or other
applicable law.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive legal and factual study of the social
and economic impacts of gambling in the United States on--
(A) Federal, State, local, and Native American tribal
governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within such
communities and institutions.
(2) Matters to be studied.--The matters studied by the
Commission under paragraph (1) shall at a minimum include--
(A) a review of existing Federal, State, local, and Native
American tribal government policies and practices with
respect to the legalization or prohibition of gambling,
including a review of the costs of such policies and
practices;
(B) an assessment of the relationship between gambling and
levels of crime, and of existing enforcement and regulatory
practices that are intended to address any such relationship;
(C) an assessment of pathological or problem gambling,
including its impact on individuals, families, businesses,
social institutions, and the economy;
(D) an assessment of the impacts of gambling on
individuals, families, businesses, social institutions, and
the economy generally, including the role of advertising in
promoting gambling and the impact of gambling on depressed
economic areas;
(E) an assessment of the extent to which gambling provides
revenues to State, local, and Native American tribal
governments, and the extent to which possible alternative
revenue sources may exist for such governments; and
(F) an assessment of the interstate and international
effects of gambling by electronic means, including the use of
interactive technologies and the Internet.
(b) Report.--No later than 2 years after the date on which
the Commission first meets, the Commission shall submit to
the President, the Congress, State Governors, and Native
American tribal governments a comprehensive report of the
Commission's findings and conclusions, together with any
recommendations of the Commission. Such report shall include
a summary of the reports submitted to the Commission by the
Advisory Commission on Intergovernmental Relations and
National Research Council under section 7, as well as a
summary of any other material relied on by the Commission in
the preparation of its report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section 4.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
The per diem and mileage allowances for witnesses shall be
paid from funds appropriated to the Commission.
(b) Subpoenas.--
(1) In general.--If a person fails to supply information
requested by the Commission, the Commission may by majority
vote require by subpoena the production of any written or
recorded information, document, report, answer, record,
account, paper, computer file, or other data or documentary
evidence necessary to carry out its duties under section 4.
The Commission shall transmit to the Attorney General a
confidential, written notice at least 10 days in advance of
the issuance of any such subpoena. A subpoena under this
paragraph may require the production of materials from any
place within the United States.
(2) Interrogatories.--The Commission may, with respect only
to information necessary to understand any materials obtained
through a subpoena under paragraph (1), issue a subpoena
requiring the person producing such materials to answer,
either through a sworn deposition or through written answers
provided under oath (at the election of the person upon whom
the subpoena is served), to interrogatories from the
Commission regarding such information. A complete recording
or transcription shall be made of any deposition made under
this paragraph.
(3) Certification.--Each person who submits materials or
information to the Commission pursuant to a subpoena issued
under paragraph (1) or (2) shall certify to the Commission
the authenticity and completeness of all materials or
information submitted. The provisions of section 1001 of
title 18, United States Code, shall apply to any false
statements made with respect to the certification required
under this paragraph.
(4) Treatment of subpoenas.--Any subpoena issued by the
Commission under paragraph (1) or (2) shall comply with the
requirements for subpoenas issued by a United States district
court under the Federal Rules of Civil Procedure.
(5) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued by the Commission under paragraph (1)
or (2), the Commission may apply to a United States district
court for an order requiring that person to comply with such
subpoena. The application may be made within the judicial
district in which that person is found, resides, or transacts
business. Any failure to obey the order of the court may be
punished by the court as civil contempt.
(c) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out its duties under section 4. Upon the request of the
Commission, the head of such department or agency may furnish
such information to the Commission.
(d) Information To Be Kept Confidential.--The Commission
shall be considered an agency of the Federal Government for
purposes of section 1905 of title 18, United States Code, and
any individual employed by an individual, entity, or
organization under contract to the Commission under section 7
shall be considered an employee of the Commission for the
purposes of section 1905 of title 18, United States Code.
Information obtained by the Commission, other than
information available to the public, shall not be disclosed
to any person in any manner, except--
(1) to Commission employees or employees of any individual,
entity, or organization under contract to the Commission
under section 7 for the purpose of receiving, reviewing, or
processing such information;
(2) upon court order; or
(3) when publicly released by the Commission in an
aggregate or summary form that does not directly or
indirectly disclose--
(A) the identity of any person or business entity; or
(B) any information which could not be released under
section 1905 of title 18, United States Code.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government,
or whose compensation is not precluded by a State, local, or
Native American tribal government position, shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for Level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for
level V of the Executive Schedule under section 5316 of title
5, United States Code. The Chairman may fix the compensation
of other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for such personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals not to exceed
the daily equivalent of the annual rate of basic pay
prescribed for Level V of the Executive Schedule under
section 5316 of such title.
SEC. 7. CONTRACTS FOR RESEARCH.
(a) Advisory Commission on Intergovernmental Relations.--
(1) In general.--In carrying out its duties under section
4, the Commission shall contract with the Advisory Commission
on Intergovernmental Relations for--
(A) a thorough review and cataloging of all applicable
Federal, State, local, and Native American tribal laws,
regulations, and ordinances that pertain to gambling in the
United States; and
(B) assistance in conducting the studies required by the
Commission under section 4(a),
[[Page 1679]]
and in particular the review and assessments required in
subparagraphs (A), (B), and (E) of paragraph (2) of such
section.
(2) Report required.--The contract entered into under
paragraph (1) shall require that the Advisory Commission on
Intergovernmental Relations submit a report to the Commission
detailing the results of its efforts under the contract no
later than 15 months after the date upon which the Commission
first meets.
(b) National Research Council.--
(1) In general.--In carrying out its duties under section
4, the Commission shall contract with the National Research
Council of the National Academy of Sciences for assistance in
conducting the studies required by the Commission under
section 4(a), and in particular the assessment required under
subparagraph (C) of paragraph (2) of such section.
(2) Report required.--The contract entered into under
paragraph (1) shall require that the National Research
Council submit a report to the Commission detailing the
results of its efforts under the contract no later than 15
months after the date upon which the Commission first meets.
(c) Other Organizations.--Nothing in this section shall be
construed to limit the ability of the Commission to enter
into contracts with other entities or organizations for
research necessary to carry out the Commission's duties under
section 4.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Gambling.--The term ``gambling'' means any legalized
form of wagering or betting conducted in a casino, on a
riverboat, on an Indian reservation, or at any other location
under the jurisdiction of the United States. Such term
includes any casino game, parimutuel betting, sports-related
betting, lottery, pull-tab game, slot machine, any type of
video gaming, computerized wagering or betting activities
(including any such activity conducted over the Internet),
and philanthropic or charitable gaming activities.
(2) Native american tribal government.--The term ``Native
American tribal government'' means an Indian tribe, as
defined under section 4(5) of the Indian Gaming Regulatory
Act of 1988 (25 U.S.C. 2703(5)).
(3) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Commission, the Advisory Commission on Intergovernmental
Relations, and the National Academy of Sciences such sums as
may be necessary to carry out the purposes of this Act. Any
sums appropriated shall remain available, without fiscal year
limitation, until expended.
(b) Limitation.--No payment may be made under section 6 or
7 of this Act except to the extent provided for in advance in
an appropriation Act.
SEC. 10. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the Commission
submits the report required under section 4(b).
The SPEAKER pro tempore, Mr. WALKER, recognized Mr. HYDE and Mr. FRANK
of Massachusetts, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.91.11 child pilot safety
Mr. DUNCAN moved to suspend the rules and pass the bill (H.R. 3267) to
amend title 49, United States Code, to prohibit individuals who do not
hold a valid private pilots certificate from manipulating the controls
of aircraft in an attempt to set a record or engage in an aeronautical
competition or aeronautical feat, and for other purposes.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. DUNCAN and Mr.
LIPINSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. DUNCAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.91.12 airline pilot hiring and safety
Mr. DUNCAN moved to suspend the rules and pass the bill (H.R. 3536) to
amend title 49, United States Code, to require an air carrier to request
and receive certain records before allowing an individual to begin
service as a pilot, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. DUNCAN and Mr.
LIPINSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. DUNCAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.91.13 national transportation safety board amendments
Mr. DUNCAN moved to suspend the rules and pass the bill (H.R. 3159) to
amend title 40, United States Code, to authorize appropriations for
fiscal years 1997, 1998, and 1999 for the National Transportation Safety
Board, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. DUNCAN and Mr.
LIPINSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. DUNCAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.91.14 census of agriculture act of 1996
Mr. COMBEST moved to suspend the rules and pass the bill (H.R. 3665)
to transfer to the Secretary of Agriculture the authority to conduct the
census of agriculture; as amended.
The SPEAKER pro tempore, Mr. COBLE, recognized Mr. COMBEST and Mr.
STENHOLM, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. COBLE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.91.15 recess--1:50 p.m.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 12 of rule I,
declared the House in recess at 1 o'clock and 50 minutes p.m., subject
to the call of the Chair until approximately 3 p.m.
para.91.16 after recess--3:03 p.m.
The SPEAKER pro tempore, Mr. COBLE, called the House to order.
para.91.17 district of columbia appropriations
The SPEAKER pro tempore, Mr. COBLE, pursuant to the order of the House
of Thursday, July 18, 1996, and rule XXIII, declared the House resolved
into the Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 3845) making appropriations for the
government of the District of Columbia and other
[[Page 1680]]
activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 1997, and for other
purposes.
The SPEAKER pro tempore, Mr. COBLE, by unanimous consent, designated
Mr. HASTINGS of Washington, as Chairman of the Committee of the Whole;
and after some time spent therein,
The SPEAKER pro tempore, Mr. WALSH, assumed the Chair.
When Mr. HASTINGS of Washington, Chairman, reported that the
Committee, having had under consideration said bill, had come to no
resolution thereon.
para.91.18 recess--4:05 p.m.
The SPEAKER pro tempore, Mr. WALSH, pursuant to clause 12 of rule I,
declared the House in recess at 4 o'clock and 5 minutes p.m., subject to
the call of the Chair.
para.91.19 after recess--5:31 p.m.
The SPEAKER pro tempore, Mr. GUTKNECHT, called the House to order.
para.91.20 district of columbia appropriations
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to the order of the
House of Thursday, July 18, 1996, and rule XXIII, declared the House
resolved into the Committee of the Whole House on the state of the Union
for the further consideration of the bill (H.R. 3845) making
appropriations for the government of the District of Columbia and other
activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 1997, and for other
purposes.
Mr. HASTINGS of Washington, Chairman of the Committee of the Whole,
resumed the chair; and after some time spent therein,
para.91.21 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Ms. NORTON:
On page 32, line 7, after ``the'' insert ``Federal''.
It was decided in the
Yeas
176
<3-line {>
negative
Nays
223
para.91.22 [Roll No. 332]
AYES--176
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Ballenger
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Berman
Bilbray
Bishop
Blumenauer
Boehlert
Bonilla
Boucher
Brown (CA)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Coyne
Cramer
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Dunn
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Filner
Foglietta
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Furse
Gejdenson
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hobson
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Klug
Kolbe
Lantos
Lazio
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Martini
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Moakley
Molinari
Moran
Nadler
Obey
Olver
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Tanner
Thompson
Thurman
Torkildsen
Torres
Traficant
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
White
Williams
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--223
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bereuter
Bevill
Bilirakis
Bliley
Blute
Boehner
Bonior
Bono
Borski
Brewster
Browder
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Ehlers
Ehrlich
English
Ensign
Ewing
Flanagan
Foley
Forbes
Fowler
Fox
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kanjorski
Kasich
Kildee
Kim
King
Kingston
Klink
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Neumann
Ney
Nussle
Oberstar
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NOT VOTING--34
Allard
Brown (FL)
Brownback
Clement
de la Garza
Durbin
Everett
Fazio
Fields (TX)
Flake
Ford
Frank (MA)
Gephardt
Gutierrez
Jefferson
Lincoln
Manzullo
Matsui
McDade
Mink
Morella
Neal
Nethercutt
Norwood
Owens
Pryce
Quillen
Rush
Smith (MI)
Thornton
Torricelli
Towns
Wilson
Young (FL)
So the amendment was not agreed to.
para.91.23 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
Page 52, after line 23, insert the following new section:
Sec. 146. The amount otherwise provided under the heading
``Federal Payment to the District of Columbia'' for the
fiscal year ending September 30, 1997, is hereby reduced by
1.9 percent.
It was decided in the
Yeas
170
<3-line {>
negative
Nays
229
para.91.24 [Roll No. 333]
AYES--170
Archer
Bachus
Baker (CA)
Barcia
Barr
Barrett (WI)
Bartlett
Barton
Bilbray
Bilirakis
Blute
Brewster
Browder
Bryant (TN)
Bunning
Burton
Buyer
Callahan
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeFazio
Diaz-Balart
Dickey
Dornan
Doyle
Dreier
Duncan
Edwards
English
Ensign
Ewing
Foley
Fowler
Fox
Funderburk
Ganske
Geren
Gillmor
Goodlatte
Gordon
Goss
Graham
Green (TX)
Gutknecht
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hutchinson
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kleczka
Klug
LaHood
Largent
Latham
Laughlin
Leach
Lewis (KY)
Linder
LoBiondo
Lofgren
Lucas
Luther
Martini
Mascara
McCollum
McHale
McInnis
McIntosh
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myrick
Neumann
Ney
Nussle
Orton
Paxon
Peterson (MN)
Petri
Pombo
Portman
Radanovich
Ramstad
Richardson
Roberts
Roemer
Rohrabacher
[[Page 1681]]
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schroeder
Schumer
Seastrand
Sensenbrenner
Shadegg
Shays
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Taylor (MS)
Taylor (NC)
Thornberry
Tiahrt
Upton
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Zimmer
NOES--229
Abercrombie
Ackerman
Andrews
Armey
Baesler
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Bliley
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brown (CA)
Brown (OH)
Bryant (TX)
Bunn
Burr
Calvert
Cardin
Castle
Chapman
Clay
Clayton
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
Davis
DeLauro
DeLay
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dunn
Ehlers
Ehrlich
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Forbes
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Gejdenson
Gekas
Gibbons
Gilchrest
Gilman
Gonzalez
Goodling
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Horn
Houghton
Hoyer
Hunter
Hyde
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
Lantos
LaTourette
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Longley
Lowey
Maloney
Manton
Markey
Martinez
McCarthy
McCrery
McDermott
McHugh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Moakley
Mollohan
Moran
Murtha
Myers
Nadler
Oberstar
Obey
Olver
Ortiz
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Poshard
Quinn
Rahall
Rangel
Reed
Regula
Riggs
Rivers
Rogers
Rose
Roybal-Allard
Sabo
Sanders
Sawyer
Scarborough
Schiff
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tauzin
Tejeda
Thomas
Thompson
Thurman
Torkildsen
Torres
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOT VOTING--34
Allard
Brown (FL)
Brownback
Clement
de la Garza
Durbin
Everett
Fazio
Fields (TX)
Flake
Ford
Frank (MA)
Gephardt
Gutierrez
Jefferson
Lincoln
Manzullo
Matsui
McDade
Mink
Morella
Neal
Nethercutt
Norwood
Owens
Pryce
Quillen
Rush
Smith (MI)
Thornton
Torricelli
Towns
Wilson
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. EWING, assumed the Chair.
When Mr. HASTINGS of Washington, Chairman, pursuant to the order of
the House of July 18, 1996, reported the bill back to the House with an
amendment adopted by the Committee.
Pursuant to the order of the House of July 18, 1996, the previous
question was considered as ordered.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of
Columbia for the fiscal year ending September 30, 1997, and
for other purposes, namely:
Federal Payment to the District of Columbia
For payment to the District of Columbia for the fiscal year
ending September 30, 1997, $660,000,000, as authorized by
section 502(a) of the District of Columbia Self-Government
and Governmental Reorganization Act, Public Law 93-198, as
amended (D.C. Code, Sec. 47-3406.1).
Federal Contribution to Retirement Funds
For the Federal contribution to the Police Officers and
Fire Fighters', Teachers', and Judges' Retirement Funds, as
authorized by the District of Columbia Retirement Reform Act,
approved November 17, 1979 (93 Stat. 866; Public Law 96-122),
$52,070,000.
Presidential Inauguration
For payment to the District of Columbia in lieu of
reimbursement for expenses incurred in connection with
Presidential inauguration activities, $5,702,000, as
authorized by section 737(b) of the District of Columbia
Self-Government and Governmental Reorganization Act, Public
Law 93-198, as amended (D.C. Code, sec. 1-1803), which shall
be apportioned by the Chief Financial Officer within the
various appropriation headings in this Act.
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia, except as otherwise specifically
provided.
Governmental Direction and Support
Governmental direction and support, $115,663,000 and 1,440
full-time equivalent positions (including $98,691,000 and
1,371 full-time equivalent positions from local funds,
$12,192,000 and 8 full-time equivalent positions from Federal
funds, and $4,780,000 and 61 full-time equivalent positions
from other funds): Provided, That funds expended for the
Executive Office of the Mayor are not to exceed $1,753,000:
Provided further, That not to exceed $2,500 for the Mayor,
$2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be
available from this appropriation for official purposes:
Provided further, That any program fees collected from the
issuance of debt shall be available for the payment of
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood
from its own locally-generated revenues.
Economic Development and Regulation
Economic development and regulation, $135,704,000 and 1,501
full-time equivalent positions (including $67,196,000 and 720
full-time equivalent positions from local funds, $45,708,000
and 524 full-time equivalent positions from Federal funds,
and $22,800,000 and 257 full-time equivalent positions from
other funds): Provided, That the District of Columbia Housing
Finance Agency, established by section 201 of the District of
Columbia Housing Finance Agency Act, effective March 3, 1979
(D.C. Law 2-135; D.C. Code, sec. 45-2111), based upon its
capability of repayments as determined each year by the
Council of the District of Columbia from the Housing Finance
Agency's annual audited financial statements to the Council
of the District of Columbia, shall repay to the general fund
an amount equal to the appropriated administrative costs plus
interest at a rate of four percent per annum for a term of 15
years, with a deferral of payments for the first three years:
Provided further, That notwithstanding the foregoing
provision, the obligation to repay all or part of the amounts
due shall be subject to the rights of the owners of any bonds
or notes issued by the Housing Finance Agency and shall be
repaid to the District of Columbia government only from
available operating revenues of the Housing Finance Agency
that are in excess of the amounts required for debt service,
reserve funds, and operating expenses: Provided further, That
upon commencement of the debt service payments, such payments
shall be deposited into the general fund of the District of
Columbia.
Public Safety and Justice
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, including
130 for police-type use and five for fire-type use, without
regard to the general purchase price limitation for the
current fiscal year, $1,041,281,000 and 11,842 full-time
equivalent positions (including $1,012,112,000 and 11,726
full-time equivalent positions from local funds, $19,310,000
and 112 full-time equivalent positions from Federal funds,
and $9,859,000 and 4 full-time equivalent positions from
other funds): Provided, That the Metropolitan Police
Department is authorized to replace not to exceed 25
passenger-carrying vehicles and the Fire Department of the
District of Columbia is authorized to replace not to exceed
five passenger-carrying vehicles annually whenever the cost
of repair to any damaged vehicle exceeds three-fourths of the
cost of the replacement: Provided further, That not to exceed
$500,000 shall be available from this appropriation for the
Chief of Police for the prevention and detection of crime:
Provided further, That the Metropolitan Police Department
shall provide quarterly reports to the Committees on
Appropriations of the House and Senate on efforts to increase
efficiency and improve the professionalism in the department:
Provided further, That notwithstanding any other provision of
law, or Mayor's Order 86-45, issued March 18, 1986, the
Metropolitan Police Department's delegated small purchase
authority shall be $500,000: Provided further, That the
District of Columbia government may not require the
Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or
be restricted in any manner by any official or employee of
[[Page 1682]]
the District of Columbia government, for purchases that do
not exceed $500,000: Provided further, That funds
appropriated for expenses under the District of Columbia
Criminal Justice Act, approved September 3, 1974 (88 Stat.
1090; Public Law 93-412; D.C. Code, sec. 11-2601 et seq.),
for the fiscal year ending September 30, 1997, shall be
available for obligations incurred under the Act in each
fiscal year since inception in fiscal year 1975: Provided
further, That funds appropriated for expenses under the
District of Columbia Neglect Representation Equity Act of
1984, effective March 13, 1985 (D.C. Law 5-129; D.C. Code,
sec. 16-2304), for the fiscal year ending September 30, 1997,
shall be available for obligations incurred under the Act in
each fiscal year since inception in fiscal year 1985:
Provided further, That funds appropriated for expenses under
the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986,
effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec.
21-2060), for the fiscal year ending September 30, 1997,
shall be available for obligations incurred under the Act in
each fiscal year since inception in fiscal year 1989:
Provided further, That not to exceed $1,500 for the Chief
Judge of the District of Columbia Court of Appeals, $1,500
for the Chief Judge of the Superior Court of the District of
Columbia, and $1,500 for the Executive Officer of the
District of Columbia Courts shall be available from this
appropriation for official purposes: Provided further, That
the District of Columbia shall operate and maintain a free,
24-hour telephone information service whereby residents of
the area surrounding Lorton prison in Fairfax County,
Virginia, can promptly obtain information from District of
Columbia government officials on all disturbances at the
prison, including escapes, riots, and similar incidents:
Provided further, That the District of Columbia government
shall also take steps to publicize the availability of the
24-hour telephone information service among the residents of
the area surrounding the Lorton prison: Provided further,
That not to exceed $100,000 of this appropriation shall be
used to reimburse Fairfax County, Virginia, and Prince
William County, Virginia, for expenses incurred by the
counties during the fiscal year ending September 30, 1997, in
relation to the Lorton prison complex: Provided further, That
such reimbursements shall be paid in all instances in which
the District requests the counties to provide police, fire,
rescue, and related services to help deal with escapes,
fires, riots, and similar disturbances involving the prison:
Provided further, That the Mayor shall reimburse the District
of Columbia National Guard for expenses incurred in
connection with services that are performed in emergencies by
the National Guard in a militia status and are requested by
the Mayor, in amounts that shall be jointly determined and
certified as due and payable for these services by the Mayor
and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be
necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available
from this appropriation, and the availability of the sums
shall be deemed as constituting payment in advance for
emergency services involved.
Public Education System
Public education system, including the development of
national defense education programs, $758,815,000 and 11,276
full-time equivalent positions (including $632,379,000 and
10,045 full-time equivalent positions from local funds,
$98,479,000 and 1,009 full-time equivalent positions from
Federal funds, and $27,957,000 and 222 full-time equivalent
positions from other funds), to be allocated as follows:
$573,430,000 and 9,935 full-time equivalent positions
(including $479,679,000 and 9,063 full-time equivalent
positions from local funds, $85,823,000 and 840 full-time
equivalent positions from Federal funds, and $7,928,000 and
32 full-time equivalent positions from other funds), for the
public schools of the District of Columbia; $2,835,000 from
local funds for public charter schools: Provided, That if the
entirety of this allocation has not been provided as payments
to one or more public charter schools by May 1, 1997, and
remains unallocated, the funds will revert to the general
fund of the District of Columbia in accordance with section
2403(a)(2)(D) of the District of Columbia School Reform Act
of 1995 (Public Law 104-134); $88,100,000 from local funds
for the District of Columbia Teachers' Retirement Fund;
$69,801,000 and 917 full-time equivalent positions (including
$38,479,000 and 572 full-time equivalent positions from local
funds, $11,747,000 and 156 full-time equivalent positions
from Federal funds, and $19,575,000 and 189 full-time
equivalent positions from other funds) for the University of
the District of Columbia; $22,429,000 and 415 full-time
equivalent positions (including $21,529,000 and 408 full-time
equivalent positions from local funds, $446,000 and 6 full-
time equivalent positions from Federal funds, and $454,000
and 1 full-time equivalent position from other funds) for the
Public Library; $2,220,000 and 9 full-time equivalent
positions (including $1,757,000 and 2 full-time equivalent
positions from local funds and $463,000 and 7 full-time
equivalent positions from Federal funds) for the Commission
on the Arts and Humanities: Provided, That the public schools
of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver
education program: Provided further, That not to exceed
$2,500 for the Superintendent of Schools, $2,500 for the
President of the University of the District of Columbia, and
$2,000 for the Public Librarian shall be available from this
appropriation for official purposes: Provided further, That
not less than $9,200,000 shall be available from this
appropriation for school repairs in a restricted line item:
Provided further, That not less than $1,200,000 shall be
available for local school allotments in a restricted line
item: Provided further, That not less than $4,500,000 shall
be available to support kindergarten aides in a restricted
line item: Provided further, That not less than $2,800,000
shall be available to support substitute teachers in a
restricted line item: Provided further, That not less than
$1,788,000 shall be available in a restricted line item for
school counselors: Provided further, That this appropriation
shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of
the District of Columbia, unless the Board of Trustees of the
University of the District of Columbia adopts, for the fiscal
year ending September 30, 1997, a tuition rate schedule that
will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the
metropolitan area.
Human Support Services
Human support services, $1,685,707,000 and 6,344 full-time
equivalent positions (including $961,399,000 and 3,814 full-
time equivalent positions from local funds, $676,665,000 and
2,444 full-time equivalent positions from Federal funds, and
$47,643,000 and 86 full-time equivalent positions from other
funds): Provided, That $24,793,000 of this appropriation, to
remain available until expended, shall be available solely
for District of Columbia employees' disability compensation:
Provided further, That the District of Columbia shall not
provide free government services such as water, sewer, solid
waste disposal or collection, utilities, maintenance,
repairs, or similar services to any legally constituted
private nonprofit organization (as defined in section 411(5)
of Public Law 100-77, approved July 22, 1987) providing
emergency shelter services in the District, if the District
would not be qualified to receive reimbursement pursuant to
the Stewart B. McKinney Homeless Assistance Act, approved
July 22, 1987 (101 Stat. 485; Public Law 100-77; 42 U.S.C.
11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia
and purchase of passenger-carrying vehicles for replacement
only, $247,967,000 and 1,252 full-time equivalent positions
(including $234,391,000 and 1,149 full-time equivalent
positions from local funds, $3,047,000 and 32 full-time
equivalent positions from Federal funds, and $10,529,000 and
71 full-time equivalent positions from other funds):
Provided, That this appropriation shall not be available for
collecting ashes or miscellaneous refuse from hotels and
places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise
Fund, $5,400,000 from local funds.
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in
compliance with An Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the
District of Columbia, approved August 7, 1946 (60 Stat. 896;
Public Law 79-648); section 1 of An Act to authorize the
Commissioners of the District of Columbia to borrow funds for
capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs
of maintaining the Nation's Capital City, approved June 6,
1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
219); section 4 of An Act to authorize the Commissioners of
the District of Columbia to plan, construct, operate, and
maintain a sanitary sewer to connect the Dulles International
Airport with the District of Columbia system, approved June
12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and
743(f) of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973, approved December
24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C.
Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131;
D.C. Code, sec. 9-219, note), including interest as required
thereby, $333,710,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990,
$38,314,000 from local funds, as authorized by section 461(a)
of the District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973, as amended
(105 Stat. 540; Public Law 102-106; D.C. Code, sec. 47-
321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing,
$34,461,000 from local funds.
Presidential Inauguration
For reimbursement for necessary expenses incurred in
connection with Presidential inauguration activities as
authorized by section 737(b) of the District of Columbia
Self-Government and Governmental Reorganization Act, Public
Law 93-198, as amended, approved December 24, 1973 (87 Stat.
824; D.C. Code, sec. 1-1803), $5,702,000, which shall be
[[Page 1683]]
apportioned by the Chief Financial Officer within the various
appropriation headings in this Act.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building
located at One Judiciary Square, $7,926,000.
Human Resources Development
For Human resources development, including costs of
increased employee training, administrative reforms, and an
executive compensation system, $12,257,000.
Cost Reduction Initiatives
The Chief Financial Officer of the District of Columbia
shall, on behalf of the Mayor and under the direction of the
District of Columbia Financial Responsibility and Management
Assistance Authority, make reductions of $47,411,000 and
2,411 full-time equivalent positions as follows: $4,488,000
in real estate initiatives, $6,317,000 in management
information systems, $2,271,000 in energy cost initiatives,
$12,960,000 in purchasing and procurement initiatives, and
workforce reductions of 2,411 full-time positions and
$21,375,000.
Capital Outlay
(Including Rescissions)
For construction projects, an increase of $46,923,000
(including an increase of $34,000,000 for the highway trust
fund, reallocations and rescissions for a net rescission of
$120,496,000 from local funds appropriated under this heading
in prior fiscal years and an additional $133,419,000 in
Federal funds), as authorized by An Act authorizing the
laying of water mains and service sewers in the District of
Columbia, the levying of assessments therefor, and for other
purposes, approved April 22, 1904 (33 Stat. 244; Public Law
58-140; D.C. Code, secs. 43-1512 through 43-1519); the
District of Columbia Public Works Act of 1954, approved May
18, 1954 (68 Stat. 101; Public Law 83-364); An Act to
authorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to amend
provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's
Capital City, approved June 6, 1958 (72 Stat. 183; Public Law
85-451); including acquisition of sites, preparation of plans
and specifications, conducting preliminary surveys, erection
of structures, including building improvement and alteration
and treatment of grounds, to remain available until expended:
Provided, That funds for use of each capital project
implementing agency shall be managed and controlled in
accordance with all procedures and limitations established
under the Financial Management System: Provided further, That
all funds provided by this appropriation title shall be
available only for the specific projects and purposes
intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects,
except those projects covered by the first sentence of
section 23(a) of the Federal-Aid Highway Act of 1968,
approved August 23, 1968 (82 Stat. 827; Public Law 90-495;
D.C. Code, sec. 7-134, note), for which funds are provided by
this appropriation title, shall expire on September 30, 1998,
except authorizations for projects as to which funds have
been obligated in whole or in part prior to September 30,
1998: Provided further, That upon expiration of any such
project authorization the funds provided herein for the
project shall lapse.
Water and Sewer Enterprise Fund
For the Water and Sewer Enterprise Fund, $221,362,000 from
other funds of which $41,833,000 shall be apportioned and
payable to the debt service fund for repayment of loans and
interest incurred for capital improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act for
the fiscal year ending September 30, 1982, approved December
4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended,
for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective
March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et
seq. and 22-1516 et seq.), $247,900,000 and 100 full-time
equivalent positions (including $7,850,000 and 100 full-time
equivalent positions for administrative expenses and
$240,050,000 for non-administrative expenses from revenue
generated by the Lottery Board), to be derived from non-
Federal District of Columbia revenues: Provided, That the
District of Columbia shall identify the source of funding for
this appropriation title from the District's own locally-
generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by
the Cable Television Communications Act of 1981, effective
October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et
seq.), $2,511,000 and 8 full-time equivalent positions
(including $2,179,000 and 8 full-time equivalent positions
from local funds and $332,000 from other funds).
Starplex Fund
For the Starplex Fund, $8,717,000 from other funds for
expenses incurred by the Armory Board in the exercise of its
powers granted by An Act To Establish A District of Columbia
Armory Board, and for other purposes, approved June 4, 1948
(62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the
District of Columbia Stadium Act of 1957, approved September
7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.): Provided, That the Mayor shall submit a budget
for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Self-
Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C.
Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established
by Reorganization Order No. 57 of the Board of Commissioners,
effective August 15, 1953, $112,419,000 of which $59,735,000
shall be derived by transfer from the general fund and
$52,684,000 shall be derived from other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121
of the District of Columbia Retirement Reform Act of 1989,
approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-
711), $16,667,000 and 13 full-time equivalent positions from
the earnings of the applicable retirement funds to pay legal,
management, investment, and other fees and administrative
expenses of the District of Columbia Retirement Board:
Provided, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board shall
provide the Mayor, for transmittal to the Council of the
District of Columbia, an item accounting of the planned use
of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each
annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment
Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
622), $3,052,000 and 50 full-time equivalent positions from
other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$47,996,000 of which $5,400,000 shall be derived by transfer
from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section
101(a) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995, approved April 17,
1995 (109 Stat. 97; Public Law 104-8), $3,400,000.
General Provisions
Sec. 101. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all
vouchers covering expenditures of appropriations contained in
this Act shall be audited before payment by the designated
certifying official and the vouchers as approved shall be
paid by checks issued by the designated disbursing official.
Sec. 103. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall
be considered as the maximum amount that may be expended for
said purpose or object rather than an amount set apart
exclusively therefor.
Sec. 104. Appropriations in this Act shall be available,
when authorized by the Mayor, for allowances for privately-
owned automobiles and motorcycles used for the performance of
official duties at rates established by the Mayor: Provided,
That such rates shall not exceed the maximum prevailing rates
for such vehicles as prescribed in the Federal Property
Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of
organizations concerned with the work of the District of
Columbia government, when authorized by the Mayor: Provided,
That the Council of the District of Columbia and the District
of Columbia Courts may expend such funds without
authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have
been entered against the District of Columbia government:
Provided, That nothing contained in this section shall be
construed as modifying or affecting the provisions of section
11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for
the payment of public assistance without reference to the
requirement of
[[Page 1684]]
section 544 of the District of Columbia Public Assistance Act
of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Code,
sec. 3-205.44), and for the non-Federal share of funds
necessary to qualify for Federal assistance under the
Juvenile Delinquency Prevention and Control Act of 1968,
approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or
for other educational purposes may be used to permit,
encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the
availability of school buildings for the use of any community
or partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees
on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and
Oversight, the Subcommittee on Oversight of Government
Management and the District of Columbia of the Senate
Committee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized
representative.
Sec. 111. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia
Revenue Recovery Act of 1977, effective September 23, 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 112. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable
time after the close of each quarter, the Mayor shall report
to the Council of the District of Columbia and the Congress
the actual borrowings and spending progress compared with
projections.
Sec. 114. The Mayor shall not borrow any funds for capital
projects unless the Mayor has obtained prior approval from
the Council of the District of Columbia, by resolution,
identifying the projects and amounts to be financed with such
borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed
for capital projects for the operating expenses of the
District of Columbia government.
Sec. 116. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to
advance approval of the reprogramming granted according to
the procedure set forth in the Joint Explanatory Statement of
the Committee of Conference (House Report No. 96-443), which
accompanied the District of Columbia Appropriation Act, 1980,
approved October 30, 1979 (93 Stat. 713; Public Law 96-93),
as modified in House Report No. 98-265, and in accordance
with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et
seq.): Provided, That for the fiscal year ending September
30, 1997 the above shall apply except as modified by Public
Law 104-8.
Sec. 117. None of the Federal funds provided in this Act
shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or
employee of the District of Columbia.
Sec. 118. None of the Federal funds provided in this Act
shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency Act
of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law
96-425; 15 U.S.C. 2001(2)), with an Environmental Protection
Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply
to security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973 (87
Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the
City Administrator shall be paid, during any fiscal year, a
salary at a rate established by the Mayor, not to exceed the
rate established for level IV of the Executive Schedule under
5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting
the availability of funds for payment of salary or pay in any
fiscal year, the highest rate of pay established by the Mayor
under subsection (a) of this section for any position for any
period during the last quarter of calendar year 1996 shall be
deemed to be the rate of pay payable for that position for
September 30, 1996.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August 2, 1946
(60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)),
the Board of Directors of the District of Columbia
Redevelopment Land Agency shall be paid, during any fiscal
year, per diem compensation at a rate established by the
Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3,
1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of
Columbia Self-Government and Governmental Reorganization Act
of 1973, approved December 24, 1973 (87 Stat. 790; Public Law
93-198; D.C. Code, sec. 1-242(3)), shall apply with respect
to the compensation of District of Columbia employees:
Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of
title 5, United States Code.
Sec. 121. The Director of the Department of Administrative
Services may pay rentals and repair, alter, and improve
rented premises, without regard to the provisions of section
322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C.
278a), based upon a determination by the Director, that by
reason of circumstances set forth in such determination, the
payment of these rents and the execution of this work,
without reference to the limitations of section 322, is
advantageous to the District in terms of economy, efficiency,
and the District's best interest.
Sec. 122. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 1997, the
Mayor of the District of Columbia shall submit to the Council
of the District of Columbia the new fiscal year 1997 revenue
estimates as of the end of the first quarter of fiscal year
1997. These estimates shall be used in the budget request for
the fiscal year ending September 30, 1998. The officially
revised estimates at midyear shall be used for the midyear
report.
Sec. 123. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District
of Columbia Procurement Practices Act of 1985, effective
February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3),
except that the District of Columbia Public Schools may renew
or extend sole source contracts for which competition is not
feasible or practical, provided that the determination as to
whether to invoke the competitive bidding process has been
made in accordance with duly promulgated Board of Education
rules and procedures.
Sec. 124. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, approved December 12, 1985 (99
Stat. 1037; Public Law 99-177), as amended, the term
``program, project, and activity'' shall be synonymous with
and refer specifically to each account appropriating Federal
funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December 12,
1985 (99 Stat. 1037; Public Law 99-177), as amended.
Sec. 125. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, approved December 12, 1985 (99 Stat. 1037:
Public Law 99-177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary
of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be
applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99-177), as amended.
Sec. 126. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursuant to
section 422(12) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C.
Code, sec. 1-242(12)) and the Governmental Reorganization
Procedures Act of 1981, effective October 17, 1981 (D.C. Law
4-42; D.C. Code, secs. 1-299.1 to 1-299.7). Appropriations
made by this Act for such programs or functions are
conditioned on the approval by the Council, prior to October
1, 1996, of the required reorganization plans.
Sec. 127. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1997 if--
(1) the Mayor approves the acceptance and use of the gift
or donation: Provided, That the Council of the District of
Columbia may accept and use gifts without prior approval by
the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ``entity of
the District of Columbia government'' includes an independent
agency of the District of Columbia.
(d) This section shall not apply to the District of
Columbia Board of Education, which
[[Page 1685]]
may, pursuant to the laws and regulations of the District of
Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 128. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
113(d)).
Prohibition Against Use of Funds for Abortions
Sec. 129. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Prohibition on Domestic Partners Act
Sec. 130. No funds made available pursuant to any provision
of this Act shall be used to implement or enforce any system
of registration of unmarried, cohabiting couples whether they
are homosexual, lesbian, or heterosexual, including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples
on the same basis that such benefits are extended to legally
married couples; nor shall any funds made available pursuant
to any provision of this Act otherwise be used to implement
or enforce D.C. Act 9-188, signed by the Mayor of the
District of Columbia on April 15, 1992.
Compensation of Members of Judicial Nomination Commission
Sec. 131. (a) In General.--Effective as if included in the
enactment of the District of Columbia Appropriations Act,
1996, section 434(b)(5) of the District of Columbia Self-
Government and Governmental Reorganization Act is amended to
read as follows:
``(5) Members of the Commission shall serve without
compensation for services rendered in connection with their
official duties on the Commission.''.
(b) Conforming Amendment.--Section 133(b) of the District
of Columbia Appropriations Act, 1996 is hereby repealed, and
the provision of law amended by such section is hereby
restored as if such section had not been enacted into law.
Monthly Reporting Requirements--Board of Education
Sec. 132. The Board of Education shall submit to the
Congress, the Mayor, and the Council of the District of
Columbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections vs. budget broken out on the basis of
control center, responsibility center, agency reporting code,
and object class, and for all funds, including capital
financing;
(2) a breakdown of FTE positions and staff for the most
current pay period broken out on the basis of control center,
responsibility center, and agency reporting code within each
responsibility center, for all funds, including capital
funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center, responsibility center, and agency
reporting code; and contract identifying codes used by the
D.C. Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(5) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board of
Education; and
(6) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names
of the organizational entities that have been changed, the
name of the staff member supervising each entity affected,
and the reasons for the structural change.
Monthly Reporting Requirements
University of the District of Columbia
Sec. 133. The University of the District of Columbia shall
submit to the Congress, the Mayor, and the Council of the
District of Columbia no later than fifteen (15) calendar days
after the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections vs. budget broken out on the basis of
control center, responsibility center, and object class, and
for all funds, non-appropriated funds, and capital financing;
(2) a breakdown of FTE positions and all employees for the
most current pay period broken out on the basis of control
center and responsibility center, for all funds, including
capital funds;
(3) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(4) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the
budget to which the contract is charged broken out on the
basis of control center and responsibility center, and
contract identifying codes used by the University of the
District of Columbia; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(5) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(6) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational
entities that have been changed, the name of the staff member
supervising each entity affected, and the reasons for the
structural change.
Annual Reporting Requirements
Sec. 134. (a) The Board of Education of the District of
Columbia and the University of the District of Columbia shall
annually compile an accurate and verifiable report on the
positions and employees in the public school system and the
university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia Public Schools and the University of the
District of Columbia for fiscal year 1996, fiscal year 1997,
and thereafter on a full-time equivalent basis, including a
compilation of all positions by control center,
responsibility center, funding source, position type,
position title, pay plan, grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia Public Schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade
and classification, annual salary, and position control
number.
(b) Submission.--The annual report required by subsection
(a) of this section shall be submitted to the Congress, the
Mayor, the District of Columbia Council, the Consensus
Commission, and the Authority, not later than February 15 of
each year.
Annual Budgets and Budget Revisions
Sec. 135. (a) No later than October 1, 1996, or within 15
calendar days after the date of the enactment of the District
of Columbia Appropriations Act, 1997, whichever occurs later,
and each succeeding year, the Board of Education and the
University of the District of Columbia shall submit to the
appropriate congressional committees, the Mayor, the District
of Columbia Council, the Consensus Commission, and the
District of Columbia Financial Responsibility and Management
Assistance Authority, a revised appropriated funds operating
budget for the public school system and the University of the
District of Columbia for such fiscal year that is in the
total amount of the approved appropriation and that realigns
budgeted data for personal services and other-than-personal
services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this
section shall be submitted in the format of the budget that
the Board of Education and the University of the District of
Columbia submit to the Mayor of the District of Columbia for
inclusion in the Mayor's budget submission to the Council of
the District of Columbia pursuant to section 442 of the
District of Columbia Self-Government and Governmental
Reorganization Act, Public Law 93-198, as amended (D.C. Code,
sec. 47-301).
educational budget approval
Sec. 136. The Board of Education, the Board of Trustees of
the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the D.C.
School of Law shall vote on and approve their respective
annual or revised budgets before submission to the Mayor of
the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Self-
Government and Governmental Reorganization Act, Public Law
93-198, as amended (D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.
Public School Employee Evaluations
Sec. 137. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for
evaluating District of Columbia Public Schools employees
shall be a non-negotiable item for collective bargaining
purposes.
Modifications of Board of Education Reduction-in-Force Procedures
Sec. 138. The District of Columbia Government Comprehensive
Merit Personnel Act of 1978, D.C. Code, sec. 1-601.1 et
seq.), is amended--
(1) in section 301 (D.C. Code, sec. 1-603.1)--
(A) by inserting after paragraph (13), the following new
paragraph:
``(13A) The term `nonschool-based personnel' means any
employee of the District of Columbia public schools who is
not based at a local school or who does not provide direct
services to individual students.''; and
(B) by inserting after paragraph (15), the following new
paragraph:
[[Page 1686]]
``(15A) The term `school administrators' means principals,
assistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the
District of Columbia public schools.'';
(2) in section 801A(b)(2) (D.C. Code, sec. 1-
609.1(b)(2)(L))--
(A) by striking ``(L) reduction-in-force'' and inserting
``(L)(i) reduction-in-force''; and
(B) by inserting after subparagraph (L)(i), the following
new clause:
``(ii) notwithstanding any other provision of law, the
Board of Education shall not issue rules that require or
permit nonschool-based personnel or school administrators to
be assigned or reassigned to the same competitive level as
classroom teachers;''; and
(3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at
the end the following new subsection:
``(f) Notwithstanding any other provision of law, the Board
of Education shall not require or permit nonschool-based
personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom
teachers.''.
Sec. 139. (a) Notwithstanding any other provision of law,
rule, or regulation, an employee of the District of Columbia
Public Schools shall be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall not
compete with school-based personnel for retention purposes.
Modification of Reduction-in-Force Procedures
Sec. 140. (a) Section 2401 of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-625.1 et seq.) is amended by amending the third
sentence to read as follows: ``A personnel authority may
establish lesser competitive areas within an agency on the
basis of all or a clearly identifiable segment of an agency's
mission or a division or major subdivision of an agency.''.
(b) The District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as
amended by section 149 of the District of Columbia
Appropriations Act, 1996 (Public Law 104-134), is amended by
adding at the end the following new section:
``SEC. 2407. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1997.
``(a) Notwithstanding any other provision of law,
regulation, or collective bargaining agreement either in
effect or to be negotiated while this legislation is in
effect for the fiscal year ending September 30, 1997, each
agency head is authorized, within the agency head's
discretion, to identify positions for abolishment.
``(b) Prior to February 1, 1997, each personnel authority
shall make a final determination that a position within the
personnel authority is to be abolished.
``(c) Notwithstanding any rights or procedures established
by any other provision of this title, any District government
employee, regardless of date of hire, who encumbers a
position identified for abolishment shall be separated
without competition or assignment rights, except as provided
in this section.
``(d) An employee affected by the abolishment of a position
pursuant to this section who, but for this section would be
entitled to compete for retention, shall be entitled to one
round of lateral competition pursuant to Chapter 24 of the
District of Columbia Personnel Manual, which shall be limited
to positions in the employee's competitive level.
``(e) Each employee who is a bona fide resident of the
District of Columbia shall have added 5 years to his or her
creditable service for reduction-in-force purposes. For
purposes of this subsection only, a nonresident District
employee who was hired by the District government prior to
January 1, 1980, and has not had a break in service since
that date, or a former employee of the United States
Department of Health and Human Services at Saint Elizabeths
Hospital who accepted employment with the District government
on October 1, 1987, and has not had a break in service since
that date, shall be considered a District resident.
``(f) Each employee selected for separation pursuant to
this section shall be given written notice of at least 30
days before the effective date of his or her separation.
``(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a specific
position is to be abolished, nor separation pursuant to this
section shall be subject to review except as follows--
``(1) an employee may file a complaint contesting a
determination or a separation pursuant to title XV of this
Act or section 303 of the Human Rights Act of 1977, effective
December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543);
and
``(2) an employee may file with the Office of Employee
Appeals an appeal contesting that the separation procedures
of subsections (d) and (f) of this section were not properly
applied.
``(h) An employee separated pursuant to this section shall
be entitled to severance pay in accordance with title XI of
this Act, except that the following shall be included in
computing creditable service for severance pay for employees
separated pursuant to this section--
``(1) four years for an employee who qualified for veterans
preference under this Act, and
``(2) three years for an employee who qualified for
residency preference under this Act.
``(i) Separation pursuant to this section shall not affect
an employee's rights under either the Agency Reemployment
Priority Program or the Displaced Employee Program
established pursuant to Chapter 24 of the District Personnel
Manual.
``(j) The Mayor shall submit to the Council a listing of
all positions to be abolished by agency and responsibility
center by March 1, 1997, or upon the delivery of termination
notices to individual employees.
``(k) Notwithstanding the provisions of section 1708 or
section 2402(d), the provisions of this Act shall not be
deemed negotiable.
``(l) A personnel authority shall cause a 30-day
termination notice to be served, no later than September 1,
1997, on any incumbent employee remaining in any position
identified to be abolished pursuant to subsection (b) of this
section''.
ceiling on expenses and deficit
Sec. 141. (a) Ceiling on Total Operating Expenses and
Deficit.--
(1) In general.--Notwithstanding any other provision of
law, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 1997
under the caption ``Division of Expenses'' shall not exceed
the lesser of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year and $40,000,000; or
(B) $5,108,913,000 (of which $134,528,000 shall be from
intra-District funds).
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority shall take
such steps as are necessary to assure that the District of
Columbia meets the requirements of this section, including
the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District
during fiscal year 1997.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In General.--Notwithstanding subsection (a), the Mayor
of the District of Columbia may accept, obligate, and expend
Federal, private, and other grants received by the District
government that are not reflected in the amounts appropriated
in this Act.
(2) Requirement of chief financial officer report and
financial responsibility and management assistance authority
approval.--No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to paragraph (1)
until--
(A) the Chief Financial Officer of the District submits to
the District of Columbia Financial Responsibility and
Management Assistance Authority established by Public Law
104-8 (109 Stat. 97) a report setting forth detailed
information regarding such grant; and
(B) the District of Columbia Financial Responsibility and
Management Assistance Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures consistent
with the provisions of Public Law 104-8, the District of
Columbia Financial Responsibility and Management Assistance
Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) or in anticipation of the approval or
receipt of a Federal, private, or other grant not subject to
such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District shall prepare a monthly report setting forth
detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report
shall be submitted to the Council of the District of
Columbia, and to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 15
days after the end of the month covered by the report.
chief financial officer powers during control periods
Sec. 142. Notwithstanding any other provision of law,
during any control period in effect under subtitle A of title
II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 the following shall apply:
(a) the heads and all personnel of the following offices,
together with all other District of Columbia executive branch
accounting, budget, and financial management personnel, shall
be appointed by, shall serve at the pleasure of, and shall
act under the direction and control of the Chief Financial
Officer:
The Office of the Treasurer.
The Controller of the District of Columbia.
The Office of the Budget.
The Office of Financial Information Services.
The Department of Finance and Revenue.
The District of Columbia Financial Responsibility and
Management Assistance Authority established pursuant to
Public Law 104-8, approved April 17, 1995, may remove such
individuals from office for cause, after consultation with
the Mayor and the Chief Financial Officer.
(b) The Chief Financial Officer shall prepare and submit to
the Mayor, for inclusion
[[Page 1687]]
in the annual budget of the District of Columbia under part D
of title IV of the District of Columbia Self-Government and
Governmental Reorganization Act of 1973, approved December
24, 1973 (87 Stat. 774; Public Law 93-198), as amended, for
each fiscal year occurring during a control period in effect
under subtitle A of title II of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995, annual estimates of the expenditures and appropriations
necessary for the operation of the Office of the Chief
Financial Officer for the year. All such estimates shall be
forwarded by the Mayor to the Council of the District of
Columbia for its action pursuant to sections 446 and 603(c)
of the District of Columbia Self-Government and Governmental
Reorganization Act, Public Law 93-198, approved December 24,
1973, without revision but subject to recommendations.
Notwithstanding any other provisions of the District of
Columbia Self-Government and Governmental Reorganization Act,
Public Law 93-198, approved December 24, 1973, the Council
may comment or make recommendations concerning such
estimates, but shall have no authority to revise such
estimates.
Police and Fire Fighter Disability Retirements
Sec. 143. (a) Up to 50 police officers and up to 50 Fire
and Emergency Medical Services members with less than 20
years of departmental service who were hired before February
14, 1980, and who retire on disability before the end of
calendar year 1997 shall be excluded from the computation of
the rate of disability retirements under subsection 145(a) of
the District of Columbia Retirement Reform Act of 1979 (93
Stat. 882; D.C. Code, sec. 1-725(a)), for purposes of
reducing the authorized Federal payment to the District of
Columbia Police Officers and Fire Fighters' Retirement Fund
pursuant to subsection 145(c) of the District of Columbia
Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of this
provision, shall engage an enrolled actuary, to be paid by
the District of Columbia Retirement Board, and shall comply
with the requirements of section 142(d) and section 144(d) of
the District of Columbia Retirement Reform Act of 1979
(Public Law 96-122, approved November 17, 1979; D.C. Code,
secs. 1-722(d) and 1-724(d).
(c) This section shall not go into effect until 15 days
after the Mayor transmits the actuarial report required by
section 142(d) of the District of Columbia Retirement Reform
Act of 1979 (Public Law 96-122, approved November 17, 1979)
to the District of Columbia Retirement Board, the Speaker of
the House of Representatives, and the President pro tempore
of the Senate.
Sec. 144. (a) Section 451(c)(3) of the District of Columbia
Self-Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 803; D.C. Code, sec. 1-
1130(c)(3)), is amended by striking the word ``section'' and
inserting the word ``subsection'' in its place.
district of columbia school reform
Sec. 145. Section 2204(c)(2) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134) is amended to
read as follows:
``(2) Tuition, fees, and payments.--
``(A) Prohibition.--A public charter school may not, with
respect to any student other than a nonresident student,
charge tuition, impose fees, or otherwise require payment for
participation in any program, educational offering, or
activity that--
``(i) enrolls students in any grade from kindergarten
through grade 12; or
``(ii) is funded in whole or part through an annual local
appropriation.
``(B) Exception.--A public charter school may impose fees
or otherwise require payment, at rates established by the
Board of Trustees of the school, for any program, educational
offering, or activity not described in clause (i) or (ii) of
subparagraph (A), including adult education programs, or for
field trips or similar activities.''.
Sec. 146. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds
the entity will comply with the Buy American Act (41 U.S.C.
10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each agency of the Federal or District of
Columbia government shall provide to each recipient of the
assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
This Act may be cited as the District of Columbia
Appropriations Act, 1997.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
332
<3-line {>
affirmative
Nays
68
para.91.25 [Roll No. 334]
YEAS--332
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clyburn
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Conyers
Costello
Cox
Coyne
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Manton
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moran
Murtha
Myers
Myrick
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Sabo
Salmon
Sanders
Sawyer
Saxton
Schiff
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stokes
Stupak
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Torres
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NAYS--68
Baesler
Baker (CA)
Barr
Barton
Brewster
Campbell
Chenoweth
Coble
Combest
Condit
Cooley
Cramer
Crapo
Dornan
Duncan
Fowler
Funderburk
Gillmor
Gilman
Goss
Hall (TX)
Hamilton
Hancock
Hansen
[[Page 1688]]
Hefley
Herger
Hilleary
Hoekstra
LaHood
Laughlin
Lazio
Leach
Lofgren
Maloney
McIntosh
Meyers
Mica
Moorhead
Nadler
Neumann
Peterson (MN)
Petri
Pickett
Ramstad
Roberts
Roemer
Roukema
Royce
Sanford
Scarborough
Schaefer
Schroeder
Sensenbrenner
Shays
Solomon
Stearns
Stenholm
Stockman
Studds
Stump
Talent
Taylor (MS)
Tiahrt
Torkildsen
Upton
Watt (NC)
Weller
Zimmer
NOT VOTING--33
Allard
Brownback
Clement
Clinger
de la Garza
Everett
Fazio
Fields (TX)
Flake
Ford
Frank (MA)
Gephardt
Gutierrez
Jefferson
Lincoln
Manzullo
Matsui
McDade
Mink
Morella
Neal
Nethercutt
Norwood
Owens
Pryce
Quillen
Rush
Smith (MI)
Thornton
Torricelli
Towns
Wilson
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.91.26 order of business--postponed votes on motions to suspend the
rules
On motion of Mr. KOLBE, by unanimous consent,
Ordered, That, if immediately after an electronic vote on the question
on passage of H.R. 3845 proceedings resume on the three postponed
questions on agreeing to the motions to suspend the rules, the Speaker
may reduce to five minutes the minimum time for electronic voting on
each of the postponed questions.
para.91.27 h.r. 3267--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3267) to amend title 49, United States Code, to
prohibit individuals who do not hold a valid private pilots certificate
from manipulating the controls of aircraft in an attempt to set a record
or engage in an aeronautical competition or aeronautical feat, and for
other purposes.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
395
<3-line {>
affirmative
Nays
5
para.91.28 [Roll No. 335]
YEAS--395
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nadler
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--5
Cooley
Laughlin
Scarborough
Schaefer
Stump
NOT VOTING--33
Allard
Brownback
Clement
de la Garza
Everett
Fazio
Fields (TX)
Flake
Ford
Frank (MA)
Gephardt
Gutierrez
Jefferson
Lincoln
Manzullo
Matsui
McDade
Mink
Mollohan
Morella
Neal
Nethercutt
Norwood
Owens
Pryce
Quillen
Rush
Smith (MI)
Thornton
Torricelli
Towns
Wilson
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.91.29 h.r. 3536--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3536) to amend title 49, United States
Code, to require an air carrier to request and receive certain records
before allowing an individual to begin service as a pilot, and for other
purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
401
<3-line {>
affirmative
Nays
0
para.91.30 [Roll No. 336]
YEAS--401
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
[[Page 1689]]
Clay
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nadler
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--32
Allard
Brownback
Clement
de la Garza
Everett
Fazio
Fields (TX)
Flake
Ford
Frank (MA)
Gephardt
Gutierrez
Jefferson
Lincoln
Manzullo
Matsui
McDade
Mink
Morella
Neal
Nethercutt
Norwood
Owens
Pryce
Quillen
Rush
Smith (MI)
Thornton
Torricelli
Towns
Wilson
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.91.31 h.r. 3159--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3159) to amend title 40, United States
Code, to authorize appropriations for fiscal years 1997, 1998, and 1999
for the National Transportation Safety Board, and for other purposes; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
400
<3-line {>
affirmative
Nays
0
para.91.32 [Roll No. 337]
YEAS--400
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nadler
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
[[Page 1690]]
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--33
Allard
Brownback
Clement
de la Garza
Everett
Fazio
Fields (TX)
Flake
Ford
Frank (MA)
Gephardt
Gutierrez
Jefferson
Lincoln
Manzullo
Matsui
McDade
Mink
Mollohan
Morella
Neal
Nethercutt
Norwood
Owens
Pryce
Quillen
Rush
Smith (MI)
Thornton
Torricelli
Towns
Wilson
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.91.33 committee election--majority
Mr. MICA, by unanimous consent, submitted for consideration the
following resolution (H. Res. 485):
Resolved, That the following named Member be, and he is
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Government Reform and Oversight: Mr. Klug of
Wisconsin.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.91.34 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, a bill of the House of the following title:
On July 18, 1996:
H.R. 743. An Act to amend the National Labor Relations Act
to allow labor management cooperative efforts that improve
economic competitiveness in the United States to continue to
thrive, and for other purposes.
para.91.35 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. EVERETT, for today;
To Mrs. LINCOLN, for today and balance of the week;
To Mr. MANZULLO, for today;
To Mrs. MORELLA, for today;
To Mr. NETHERCUTT, for today; and
To Mr. YOUNG of Florida, for today and balance of the week.
And then,
para.91.36 adjournment
On motion of Mr. GANSKE, at 9 o'clock and 41 minutes p.m., the House
adjourned.
para.91.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 740. A bill to
confer jurisdiction on the U.S. Court of Federal Claims with
respect to land claims of Pueblo of Isleta Indian Tribe
(Rept. No. 104-694). Referred to the Committee of the Whole
House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3592. A bill to provide for conservation
and development of water and related resources, to authorize
the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes; with an amendment (Rept. No. 104-695).
Referred to the Committee of the Whole House on the State of
the Union.
para.91.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. CHENOWETH (for herself, Mr. Pombo, Mr. Young of
Alaska, Mr. Doolittle, Mr. Smith of Texas, Mr.
Calvert, Mr. Stockman, Mr. Brewster, Mr. Cooley, Mr.
Stump, Mrs. Cubin, Mr. Radanovich, Mr. Tauzin, Mr.
Cunningham, Mr. Bartlett of Maryland, Mr. Dornan, Mr.
Hastings of Washington, Mrs. Vucanovich, Mrs.
Seastrand, Mr. Fields of Texas, Mr. Barton of Texas,
Mr. Stenholm, Mr. Rohrabacher, Mr. Baker of
Louisiana, Mr. Solomon, Mr. Laughlin, Mr. Hunter, Mr.
Herger, Mrs. Myrick, Mr. Dickey, Mr. Crapo, Mr.
Istook, Mr. McKeon, Mr. Hilleary, Mr. Burton of
Indiana, Mr. Combest, Mr. Funderburk, Mr. Barr, Mr.
McIntosh, Mr. Metcalf, Mr. Cox, Mr. Lucas, Mr. Riggs,
Mr. Sam Johnson, and Mr. Hansen):
H.R. 3862. A bill to amend the Endangered Species Act of
1973 to clarify the intent of Congress and ensure that any
person having any economic interest that is directly or
indirectly harmed by a designation of critical habitat may
bring a citizen's suit under that act; to the Committee on
Resources.
By Mr. GOODLING (for himself, Mr. Greenwood, Mr.
McKeon, Mr. Fattah, Mr. Fawell, Mr. Clinger, and Mr.
Gekas):
H.R. 3863. A bill to amend the Higher Education Act of 1965
to permit lenders under the unsubsidized Federal Family
Education Loan Program to pay origination fees on behalf of
borrowers; to the Committee on Economic and Educational
Opportunities.
By Mr. LaTOURETTE (for himself, Mr. Clinger, Mr. Horn,
and Mr. Flanagan):
H.R. 3864. A bill to reform the management practices of the
General Accounting Office, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. TORRICELLI:
H.R. 3865. A bill to require the Secretary of Housing and
Urban Development to withhold public housing funding from
public housing agencies in States that prevent or impede the
eviction of a public housing tenant upon the initial
violation of the terms of the tenant's lease; to the
Committee on Banking and Financial Services.
By Mr. TOWNS (for himself, Mr. Greenwood, and Mr.
Franks of Connecticut):
H.R. 3866. A bill to waive temporarily the Medicaid
enrollment composition rule for certain health maintenance
organization; to the Committee on Commerce.
By Mr. MICA:
H. Res. 485. Resolution electing Representative Klug of
Wisconsin, to the Committee on Government Reform and
Oversight; considered and agreed to.
By Mr. DOOLITTLE (for himself, Mr. DeLay, and Mr.
Radanovich):
H. Res. 486. Resolution amending the Rules of the House of
Representatives to require witnesses at committee hearings to
submit statements identifying Federal grants or contracts
received during the current and previous 2 fiscal years; to
the Committee on Rules.
By Mr. HILLIARD (for himself, Miss Collins of Michigan,
Mr. Flake, Ms. Brown of Florida, Ms. Eddie Bernice
Johnson of Texas, Mr. Stokes, Ms. Jackson-Lee, Mrs.
Meek of Florida, Mr. Wynn, Mr. Rangel, Mr. Payne of
New Jersey, Mr. Conyers, Mr. Dixon, Mr. Fields of
Louisiana, Mr. Jackson, Mr. Jefferson, Ms. Waters,
Mr. Towns, Mr. Thompson, Mr. Owens, Mr. Clyburn, Mr.
Hastings of Florida, Mr. Lewis of Georgia, Mr. Scott,
Mr. Ford, Mrs. Clayton, Mrs. Collins of Illinois, Ms.
Norton, Mr. Cummings, Mr. Rush, Mr. Fattah, Ms.
McKinney, and Mr. Bishop):
H. Res. 487. Resolution recognizing Brown Chapel African
Methodist Episcopal Church in Selma, AL, as a symbol of the
struggle for and achievement of voting rights for African-
Americans; to the Committee on Resources.
para.91.39 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 26: Mr. Stearns.
H.R. 104: Mr. Evans.
H.R. 218: Mr. Neumann and Mr. Lipinski.
H.R. 312: Mr. Stearns.
H.R. 721: Mr. Stearns.
H.R. 878: Ms. Pryce.
H.R. 1100: Ms. Slaughter.
H.R. 1281: Mr. Owens and Mr. Waxman.
H.R. 1916: Mr. Barr.
H.R. 2011: Mr. Neal of Massachusetts, Mr. Borski, Mr.
Martinez, Mr. Skaggs, Mr. Oberstar, Ms. Norton, and Mr.
Visclosky.
H.R. 2019: Mrs. Chenoweth.
H.R. 2090: Mr. Sanford.
H.R. 2240: Mr. Hastert.
H.R. 2246: Ms. Furse.
H.R. 2421: Mr. Zeliff.
H.R. 2480: Mr. Walsh.
H.R. 2655: Mr. Shays.
H.R. 2748: Mr. Barrett of Wisconsin and Mr. Lewis of
Georgia.
H.R. 2827: Mr. Boucher.
H.R. 2912: Mr. Frazer, Mr. Baldacci, and Mr. LaFalce.
H.R. 2962: Mr. Dellums and Mr. Green of Texas.
H.R. 2963: Mr. Vento and Ms. Rivers.
H.R. 3024: Mr. de la Garza, Mr. Hansen, Mr. Fattah, Mr.
Livingston, Mr. Skeen, Mr. Torkildsen, Ms. Pelosi, Mr.
Montgomery, Mr. Thompson, Mr. Funderburk, and Mr. Flanagan.
H.R. 3207: Mr. Goodlatte.
H.R. 3262: Mrs. Chenoweth.
H.R. 3393: Mr. Dixon.
H.R. 3424: Mr. Bryant of Texas.
H.R. 3456: Mr. Heineman.
H.R. 3460: Mr. LaHood.
H.R. 3469: Mr. Payne of Virginia.
H.R. 3477: Mr. Manton, Mr. Deutsch, Mr. Gonzalez, Mr.
Frazer, and Mr. Evans.
H.R. 3518: Mr. Cunningham and Mr. Calvert.
H.R. 3556: Mr. Evans, Mr. Calvert, Mr. Martinez, and Mr.
Green of Texas.
H.R. 3558: Mr. Richardson, Mr. Green of Texas, Mr. Stark,
Mr. Frost, Mr. Miller of
[[Page 1691]]
California, Ms. Lofgren, Mr. Bryant of Texas, Ms. Slaughter,
Mr. Ackerman, Mr. Pete Geren of Texas, Mr. Foglietta, Mrs.
Maloney, Mr. Coleman, Mrs. Thurman, and Mr. Kennedy of
Massachusetts.
H.R. 3564: Mr. Durbin, Mr. Dingell, and Mr. Shays.
H.R. 3580: Mr. Jones, Mr. Calvert, Mr. Wicker, Mr.
Livingston, and Mr. Cooley.
H.R. 3627: Mr. Hansen.
H.R. 3645: Mr. Ensign, Mr. Horn, Mr. Gilman, Mr. Ward, Mr.
Porter, and Mr. Boehlert.
H.R. 3647: Mr. Stockman.
H.R. 3654: Mr. Peterson of Florida, Mr. Baesler, Mr.
Manton, Mr. Solomon, Mr. Sanford, and Mr. Wicker.
H.R. 3710: Mr. Dellums, Mr. Stark, Mr. Owens, Mr. Evans,
Mr. Bonior, Mr. Fazio of California, Mr. Deutsch, Mr. Frank
of Massachusetts, Mr. Miller of California, Mr. Poshard, Mr.
Montgomery, and Mr. Horn.
H.R. 3714: Mr. Torres, Mr. Ackerman, Mr. Yates, and Mr.
Mascara.
H.R. 3724: Mr. Stark and Mrs. Lowey.
H.R. 3729: Ms. Slaughter and Mr. Hastings of Florida.
H.R. 3746: Mr. Cummings.
H.R. 3753: Mr. DeFazio, Mr. Ganske, Mr. Gutknecht, Mr.
Minge, and Mr. Nethercutt.
H.R. 3775: Mrs. Thurman, Mr. Weldon of Florida, and Mr.
Rose.
H.R. 3778: Mr. Stockman.
H.R. 3792: Mr. Brownback and Mr. Sanford.
H.R. 3794: Mr. Sanders.
H.R. 3839: Mr. Torkildsen, Ms. Brown of Florida, and Mr.
Jackson of Illinois.
H.R. 3856: Mr. Payne of Virginia.
H.J. Res. 173: Mr. Horn and Ms. Greene of Utah.
H.J. Res. 174: Mr. Horn, Ms. Greene of Utah, and Mr. Stump.
H. Con. Res. 175: Mr. Towns.
H. Con. Res. 191: Mr. Smith of New Jersey, Mr. Quinn, Mr.
Spence, Mrs. Kelly, Mr. Kennedy of Massachusetts, Mr. Meehan,
Mr. Dooley, and Ms. Roybal-Allard.
H. Con. Res. 196: Mr. Hutchinson.
para.91.40 deletion of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3467: Ms. Danner.
.
TUESDAY, JULY 23, 1996 (92)
para.92.1 designation of speaker pro tempore
The House was called to order at 9:00 a.m. by the SPEAKER pro tempore,
Mr. COLLINS of Georgia, who laid before the House the following
communication:
Washington, DC,
July 23, 1996.
I hereby designate the Honorable Mac Collins to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.92.2 recess--9:51 a.m.
The SPEAKER pro tempore, Mr. COLLINS, pursuant to clause 12 of rule I,
declared the House in recess until 10:00 a.m.
para.92.3 after recess--10:00 a.m.
The SPEAKER called the House to order.
para.92.4 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Monday, July 22, 1996.
Mr. HEFLEY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. HEFLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.92.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4281. A letter from the Secretary of Defense, transmitting
a report on the United States-People's Republic of China
Joint Defense Conversion Commission [JDCC] for the period
August 10, 1995-February 9, 1996, pursuant to Public Law 104-
106, section 1343(a) (110 Stat. 487); to the Committee on
National Security.
4282. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Japan for defense articles and services
(Transmittal No. 96-59), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4283. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
report on the program recommendations of the Riyadh
Accountability Review Board (Riyadh Board), pursuant to 22
U.S.C. 4834(d)(1); to the Committee on International
Relations.
4284. A letter from the Secretary of Transportation,
transmitting, the semiannual report on activities of the
inspector general for the period ended March 31, 1996,
pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(d); to
the Committee on Government Reform and Oversight.
4285. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--General
Services Administration Acquisition Regulation;
Implementation of FAC 90-39 and Miscellaneous Changes [APD
2800.12A, CHGE 72] (RIN: 3090-AF97) received July 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4286. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Amendment of
FIRMR Provisions Relating to GSA's Role In Screening Excess
and Exchange/Sale Federal Information Processing (FIP)
Equipment [FIRMR Amendment 8] (RIN: 3090-AF32) received July
22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4287. A letter from the Director, Executive Office for
Immigration Review, Department of Justice, transmitting the
Department's final rule--Motions and Appeals in Immigration
Proceedings [EOIR No. 102F; AG Order No. 2020-96] (RIN: 1125-
AA01) received July 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
4288. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Low-
Income Housing Credit (Revenue Ruling RR-237026-95) received
July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
4289. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Issue Price in the Case of Certain Debt
Instruments Issued for Property (Revenue Ruling 96-37)
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
4290. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Administrative, Procedural, and Miscellaneous--Closing
Agreements (Revenue Procedure 96-41) received July 22, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4291. A letter from the National Director, Tax Forms and
Publications Division, Internal Revenue Service, transmitting
the Service's final rule--Tax Year 1996 Information Returns
for Submission to the Internal Revenue Service (Revenue
Procedure 96-36) received July 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
4292. A letter from the Labor Member, Railroad Retirement
Board, transmitting a letter in writing, dated June 6, 1996,
stating: ``On March 19, 1996, the Chairman and Management
Member of the Railroad Retirement Board submitted for
consideration by the Congress a draft bill restricting the
statute of limitations that applies to the creditability of
compensation under the Railroad Retirement Act, as Labor
Member of the Railroad Retirement Board, on behalf of Rail
Labor, I must oppose that draft bill'' (written dissent
enclosed, dated April 25, 1996); jointly, the Committees on
Transportation and Infrastructure and Ways and Means.
para.92.6 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.92.7 committees and subcommittees to sit
On motion of Mrs. MORELLA, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Government Reform and Oversight, the
Committee on International Relations, the Committee on the Judiciary,
the Committee on National Security, the Committee on Resources, the
Committee on Science, and the Permanent Select Committee on
Intelligence.
para.92.8 corrections calendar
Pursuant to clause 4, rule XIII,
The SPEAKER pro tempore, Mr. HAYWORTH, directed the Corrections
Calendar to be called.
When,
[[Page 1692]]
para.92.9 soft metric conversion
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 2779) to provide
for soft-metric conversion, and for other purposes.
When said bill was considered and read twice.
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 4 of rule
XIII, recognized Mrs. MORELLA and Ms. McCARTHY, each for 30 minutes.
The following amendment recommended by the Committee on Science, was
submitted:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings in Construction Act
of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Metric Conversion Act of 1975 was enacted in order
to set forth the policy of the United States to convert to
the metric system. Section 3 of that Act requires that each
Federal agency use the metric system of measurement in its
procurements, grants and other business related activities,
unless that use is likely to cause significant cost or loss
of markets to United States firms, such as when foreign
competitors are producing competing products in non-metric
units.
(2) Currently, many Federal agencies are requiring as a
condition of obtaining Federal construction contracts that
all bidders must agree to use products measured in round
metric units, materials which are known as ``hard-metric''
products. This can require retooling, substantial
capitalization costs, and other expensive production changes
for some suppliers to physically change the size of the
product.
(3) This ``hard-metric'' conversion requirement has
sometimes been imposed without appropriate regard to whether
that method is impractical or likely to cause significant
costs or a loss of markets to United States firms.
(4) Some United States businesses that manufacture basic
construction products suffer harm by being forced to convert
to hard-metric production, or by being foreclosed from
effectively bidding on Federal or federally assisted
projects.
(5) This ``hard-metric'' conversion requirement may place
domestic producers at a competitive disadvantage with respect
to foreign producers; may reduce the number of companies that
may compete for contracts with the Federal Government; and
may force manufacturers to maintain double inventories of
similar but incompatible products.
(6) This ``hard-metric'' conversion requirement has
unnecessarily raised the cost to the Government of some
lighting and concrete masonry products and there is consensus
that relief is in order.
(7) While the Metric Conversion Act of 1975 currently
provides an exception to metric usage when impractical or
when it will cause economic inefficiencies, there is need for
ombudsmen and procedures to ensure the effective
implementation of the exceptions.
(8) The changes made by this Act will advance the goals of
the Metric Conversion Act of 1975 while eliminating
significant problems in its implementation.
SEC. 3. DEFINITIONS.
Section 4 of the Metric Conversion Act of 1975 (15 U.S.C.
205c) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `converted product' means a material or product that
is produced as a result of a hard-metric conversion;'';
(3) by inserting after paragraph (3) the following new
paragraphs:
``(4) `hard-metric' means measurement, design, and
manufacture using the metric system of measurement, but does
not include measurement, design, and manufacture using
English system measurement units which are subsequently
reexpressed in the metric system of measurement;
``(5) `hard-metric conversion' means a conversion that
requires, in addition to the expression of the linear
dimensions of a product under the metric system of
measurement, a physical change in the size of that product
relative to the size of that product established under the
system of English measurements in production practices of the
appropriate industry;'';
(4) by striking ``and'' at the end of paragraph (6), as so
redesignated by paragraph (1) of this section;
(5) by striking the period at the end of paragraph (7), as
so redesignated by paragraph (1) of this section, and
inserting in lieu thereof ``; and''; and
(6) by adding at the end the following new paragraph:
``(8) `small business' has the meaning given the term
`small business concern' in section 3 of the Small Business
Act (15 U.S.C. 632).''.
SEC. 4. IMPLEMENTATION EXCEPTIONS.
The Metric Conversion Act of 1975 (15 U.S.C. 205a et seq.)
is amended by inserting after section 11 the following new
section:
``Sec. 12. (a) In carrying out the policy set forth in
section 3 (with particular emphasis on the policy set forth
in paragraph (2) of that section) a Federal agency may
require that specifications for structures or systems of
concrete masonry be expressed under the metric system of
measurement, but may not require that concrete masonry units
be converted products.
``(b) In carrying out the policy set forth in section 3
(with particular emphasis on the policy set forth in
paragraph (2) of that section) a Federal agency may not
require that lighting fixtures be converted products unless
the predominant voluntary industry consensus standards are
hard-metric.''.
SEC. 5. OMBUDSMAN.
Section 12 of the Metric Conversion Act of 1975, as added
by section 4 of this Act, is further amended by adding at the
end the following new subsection:
``(c)(1) The head of each executive agency that awards
construction contracts shall designate a senior agency
official to serve as a construction metrication ombudsman who
shall be responsible for reviewing and responding to
complaints from prospective bidders, subcontractors,
suppliers, or their designated representatives related to--
``(A) guidance or regulations issued by the agency on the
use of the metric system of measurement in construction
contracts; and
``(B) the use of the metric system of measurement for
products or materials required for incorporation in
individual construction projects.
The construction metrication ombudsman shall be independent
of the contracting officer for construction contracts.
``(2) The ombudsman shall be responsible for ensuring that
the agency is not implementing the metric system of
measurement in a manner that is impractical or is likely to
cause significant inefficiencies or loss of markets to United
States firms in violation of the policy stated in section
3(2), or is otherwise inconsistent with guidance issued by
the Secretary of Commerce in consultation with the
Interagency Council on Metric Policy.
``(3) The ombudsman shall respond to each complaint in
writing within 30 days and make a recommendation to the head
of the executive agency for an appropriate resolution
thereto. In such a recommendation, the ombudsman shall
consider--
``(A) the availability of converted products and hard
metric production capacity of United States firms, or lack
thereof;
``(B) retooling costs and capital investment impacts;
``(C) the impact on small business;
``(D) the impact on trade;
``(E) the impact on competition for Federal contracts;
``(F) the impact on jobs;
``(G) the impact on the competitiveness of United States
firms; and
``(H) the cost to the Federal Government.
``(4) After the head of the agency has rendered a decision
regarding a recommendation of the ombudsman, the ombudsman
shall be responsible for communicating the decision to all
appropriate policy, design, planning, procurement, and
notifying personnel in the agency. The ombudsman shall
conduct appropriate monitoring as required to ensure the
decision is implemented, and may submit further
recommendations, as needed. The head of the agency's decision
on the ombudsman's recommendations, and any supporting
documentation, shall be provided to affected parties and made
available to the public in a timely manner.''.
After debate,
Pursuant to clause 4 of rule XIII, the previous question on the
amendment and the bill was considered as ordered.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that three-fifths of
the Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide for appropriate implementation of the Metric Conversion Act of
1975 in Federal construction projects, and for other purposes.''.
A motion to reconsider the votes whereby the bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.92.10 nato enlargement facilitation
Mr. GILMAN moved to suspend the rules and pass the bill (H.R. 3564) to
amend the NATO Participation Act of 1994 to expedite the transition to
full membership in the North Atlantic Treaty Organization of emerging
democracies in Central and Eastern Europe; as amended.
The SPEAKER pro tempore, Mr. HAYWORTH, recognized Mr. GILMAN
[[Page 1693]]
and Mr. HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. BEREUTER demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.92.11 iran oil sanctions
On motion of Mr. GILMAN, by unanimous consent, the bill (H.R. 3107)
impose sanctions on persons exporting certain goods or technology that
would enhance Iran's ability to explore for, extract, refine, or
transport by pipeline petroleum resources, and for other purposes;
together with the following amendment of the Senate thereto, was taken
from the Speaker's table:
Page 7, strike out all after line 7, over to and including
line 20 on page 8 and insert:
(b) Mandatory Sanctions With Respect to Libya.--
(1) Violations of prohibited transactions.--Except as
provided in subsection (f), the President shall impose 2 or
more of the sanctions described in paragraphs (1) through (6)
of section 6 if the President determines that a person has,
with actual knowledge, on or after the date of the enactment
of this Act, exported, transferred, or otherwise provided to
Libya any goods, services, technology, or other items the
provision of which is prohibited under paragraph 4(b) or 5 of
Resolution 748 of the Security Council of the United Nations,
adopted March 31, 1992, or under paragraph 5 or 6 of
Resolution 883 of the Security Council of the United Nations,
adopted November 11, 1993, if the provision of such items
significantly and materially--
(A) contributed to Libya's ability to acquire chemical,
biological, or nuclear weapons or destabilizing numbers and
types of advanced conventional weapons or enhanced Libya's
military or paramilitary capabilities;
(B) contributed to Libya's ability to develop its petroleum
resources; or
(C) contributed to Libya's ability to maintain its aviation
capabilities.
(2) Investments that contribute to the development of
petroleum resources.--Except as provided in subsection (f),
the President shall impose 2 or more of the sanctions
described in paragraphs (1) through (6) of section if the
President determines that a person has, with actual
knowledge, on or after the date of the enactment of this Act,
made an investment of $40,000,000 or more (or any combination
of investments of at least $10,000,000 each, which in the
aggregate equals or exceeds $40,000,000 in any 12-month
period), that directly and significantly contributed to the
enhancement of Libya's ability to develop its petroleum
resources.
On motion of Mr. GILMAN, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.92.12 food quality protection
Mr. ROBERTS moved to suspend the rules and pass the bill (H.R. 1627)
to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the
Federal Food, Drug, and Cosmetic Act, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. HAYWORTH, recognized Mr. ROBERTS and Mr.
de la GARZA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. BLILEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.92.13 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, July 22, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that the yeas had it.
So the Journal was approved.
para.92.14 h.r. 3564--unfinished business
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3564) to amend the NATO Participation
Act of 1994 to expedite the transition to full membership in the North
Atlantic Treaty Organization of emerging democracies in Central and
Eastern Europe; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
353
<3-line {>
affirmative
Nays
65
para.92.15 [Roll No. 338]
YEAS--353
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (MI)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Cremeans
Cummings
Cunningham
Davis
de la Garza
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Ewing
Farr
Fawell
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McInnis
McIntosh
McKeon
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sawyer
Schaefer
Schiff
Schumer
Scott
Serrano
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stokes
Studds
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
[[Page 1694]]
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NAYS--65
Abercrombie
Barr
Beilenson
Bryant (TX)
Buyer
Chenoweth
Coburn
Collins (GA)
Conyers
Cooley
Crapo
Cubin
Danner
Deal
DeFazio
Dellums
Duncan
Ensign
Everett
Filner
Funderburk
Furse
Hancock
Hilleary
Hutchinson
Jacobs
Johnston
LaHood
Laughlin
Markey
McDermott
McHugh
McKinney
Miller (CA)
Minge
Mink
Moran
Neumann
Norwood
Peterson (MN)
Petri
Pickett
Pombo
Poshard
Rahall
Rohrabacher
Sanders
Sanford
Scarborough
Schroeder
Seastrand
Sensenbrenner
Shadegg
Sisisky
Souder
Spratt
Stark
Stockman
Stump
Tanner
Traficant
Watt (NC)
Williams
Wolf
Yates
NOT VOTING--15
Berman
Bono
Collins (IL)
Fattah
Fazio
Fields (LA)
Ford
Lincoln
Matsui
McDade
Rangel
Saxton
Torricelli
Wilson
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.92.16 h.r. 1627--unfinished business
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 1627) to amend the Federal
Insecticide, Fungicide, and Rodenticide Act and the Federal Food, Drug,
and Cosmetic Act, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
417
<3-line {>
affirmative
Nays
0
para.92.17 [Roll No. 339]
YEAS--417
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--16
Collins (IL)
Fattah
Fazio
Fields (LA)
Ford
Laughlin
Lewis (CA)
Lincoln
Matsui
McDade
Rangel
Saxton
Torricelli
Volkmer
Wilson
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.92.18 committee on standards of official conduct
The SPEAKER pro tempore, Mr. HAYWORTH, laid before the House a
communication, which was read as follows:
Committee on Standards of
Official Conduct,
Washington, DC, July 23, 1996.
Hon. Newt Gingrich,
The Speaker,
House of Representatives.
Dear Mr. Speaker: Pursuant to 4(e)(2)(D) of rule X, the
gentleman from Washington, Mr. McDermott, has advised the
Committee by letter of his ineligibility to participate as a
member of the committee in a pending proceeding.
Sincerely,
Nancy L. Johnson,
Chairman.
Whereupon,
The SPEAKER pro tempore, Mr. HAYWORTH, by unanimous consent and
pursuant to clause 4(e)(2)(D) of rule X, designated Mr. Stokes to act as
a member of the Committee on Standards of Official Conduct in any
proceeding relating to the gentleman from Washington [Mr. McDermott].
para.92.19 commerce, justice, state appropriations
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to House Resolution
479 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3814) making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for the fiscal
year ending September 30, 1997, and for other purposes.
[[Page 1695]]
The SPEAKER pro tempore, Mr. HAYWORTH, by unanimous consent,
designated Mr. GUNDERSON as Chairman of the Committee of the Whole; and
after some time spent therein,
para.92.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROGERS:
On page 14, line 21, under the heading ``Federal Bureau of
Investigation, Salaries and Expenses'', strike
``$117,081,000'' and insert ``$133,081,000''.
On page 2, line 24, at the end of the paragraph under the
heading ``General Administration, Salaries and Expenses'',
insert the following new paragraph:
``In addition, for reimbursement of expenses associated
with implementation of drug testing initiatives for persons
arrested and convicted of Federal offenses, $7,000,000, to
remain available until expended.''.
On page 25, line 20, at the end of the paragraph under the
heading ``Justice Assistance'', insert the following new
paragraph:
``In addition, for local firefighter and emergency services
training grants, $5,000,000, to remain available until
expended, as authorized by section 819 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132;
110 Stat. 1316).''.
On page 69, line 10, strike ``$125,000,000'' and insert
``$131,000,000''.
It was decided in the
Yeas
416
<3-line {>
affirmative
Nays
1
para.92.21 [Roll No. 340]
AYES--416
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOES--1
Taylor (MS)
NOT VOTING--16
Collins (IL)
Fazio
Ford
Gallegly
Istook
Lincoln
Matsui
McDade
Peterson (FL)
Rose
Saxton
Tauzin
Waters
Williams
Wise
Young (FL)
So the amendment was agreed to.
After some further time,
para.92.22 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. MOLLOHAN:
On page 12, line 21, after the dollar amount, insert the
following: ``(reduced by $14,000,000)''.
On page 21, line 9, after the dollar amount, insert the
following: ``(reduced by $45,000,000)''.
On page 53, line 6, after the dollar amount, insert the
following: ``(reduced by $33,748,000)''.
On page 66, line 23, after the dollar amount, insert the
following; ``(reduced by $12,000,000)''.
On page 73, line 1 after the dollar amount, insert the
following: (``reduced by $14,000,000)''.
On page 99, line 14, after the dollar amount, insert the
following: ``(increased by $109,000,000)''.
On page 99, line 15, after the dollar amount, insert the
following: ``(increased by $109,000,000)''.
On page 103, line 17, after the dollar amount, insert the
following: ``(reduced by $10,000)''.
On page 103, line 25, after the dollar amount, insert the
following: ``(reduced by $25,000,000)''.
On page 106, line 7, after the dollar amount, insert the
following: ``(reduced by $25,000,000)''.
It was decided in the
Yeas
247
<3-line {>
affirmative
Nays
179
para.92.23 [Roll No. 341]
AYES--247
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Camp
Canady
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
[[Page 1696]]
Mascara
McCarthy
McCollum
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Porter
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--179
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Boehner
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Everett
Ewing
Fields (TX)
Forbes
Funderburk
Gallegly
Ganske
Gekas
Gillmor
Goodling
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kim
King
Kingston
Knollenberg
Kolbe
Largent
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Portman
Quillen
Radanovich
Riggs
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NOT VOTING--7
Collins (IL)
Fazio
Lincoln
Matsui
McDade
Peterson (FL)
Young (FL)
So the amendment was agreed to.
After some further time,
para.92.24 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. RADANOVICH:
Page 17, line 8, after the dollar amount, insert the
following: ``(increased by $109,000,000)''.
Page 99, line 14, after the dollar amount, insert the
following: ``(reduced by $109,000,000)''.
Page 99, line 15, after the dollar amount, insert the
following: ``(reduced by $109,000,000)''.
It was decided in the
Yeas
169
<3-line {>
negative
Nays
254
para.92.25 [Roll No. 342]
AYES--169
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Campbell
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
Dickey
Doolittle
Dornan
Dreier
Duncan
Ehrlich
English
Ensign
Everett
Ewing
Fields (TX)
Funderburk
Gallegly
Ganske
Gilchrest
Gillmor
Goodling
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hostettler
Hunter
Hutchinson
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kim
Kingston
Knollenberg
Kolbe
Largent
Laughlin
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
Martini
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Portman
Quillen
Radanovich
Riggs
Roberts
Rohrabacher
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Vucanovich
Walker
Wamp
Weldon (FL)
Weller
White
Wicker
Wolf
Zeliff
NOES--254
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Camp
Canady
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Goodlatte
Gordon
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
McCarthy
McCollum
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Nethercutt
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Porter
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NOT VOTING--10
Collins (IL)
DeLay
Fazio
Gekas
Lincoln
Matsui
McDade
Myrick
Roth
Young (FL)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. GOSS, assumed the Chair.
When Mr. GUNDERSON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.92.26 order of business--further consideration on h.r. 3814 and
amendments thereto
On motion of Mr. ROGERS, by unanimous consent,
[[Page 1697]]
Ordered, That during further consideration of the bill (H.R. 3814)
making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes, in the Committee of the
Whole, pursuant to House Resolution 479 and the order of the House of
July 17, 1996, the remainder of the bill be considered as read; and
Ordered further, That no amendment shall be in order except for the
following amendments which shall be considered as read and shall not be
subject to amendment or to a demand for a division of the question in
the House or in the Committee of the Whole, and shall be debatable for
the time specified, equally divided and controlled by the proponent and
a Member opposed: amendment numbered 10 by Mr. Hostettler for 10
minutes; an amendment by Ms. Jackson-Lee (regarding the National
Telecommunications and Information Administration) for 15 minutes;
amendment numbered 11 by Mrs. Mink for 10 minutes; an amendment by Mr.
Rogers (regarding NOAA) for 10 minutes; an amendment by Mr. Engel
(regarding Public Broadcasting Grants) for 10 minutes; amendment
numbered 20 by Mr. Brown for 20 minutes; an amendment by Mr. Allard
(regarding the Technology Administration) for 10 minutes; an amendment
by Mr. Goss (regarding EDA) for 10 minutes; an amendment by Mr. Porter
(regarding Asia Broadcasting) for 20 minutes; an amendment by Mr. Obey
(regarding ABM Treaty) for 15 minutes; amendment numbered 19 by Mr.
Traficant for 5 minutes; amendment numbered 28 by Mr. Gutknecht for 20
minutes; an amendment by Mr. Deutsch (regarding COPS) for 10 minutes; an
amendment by Mr. Ensign (regarding Sexually Explicit Material in
Prisons) for 10 minutes; amendment numbered 5 by Mr. Frank of
Massachusetts for 20 minutes; amendment #6 by Mr. Frank of Massachusetts
for 20 minutes; amendment #16 by Mr. Ganske for 20 minutes; amendment
numbered 17 by Mr. Gekas for 10 minutes; amendment numbered 33 by Ms.
Norton for 20 minutes; an amendment by Mrs. Fowler (regarding COPS) for
10 minutes; an amendment by Mr. Collins of Georgia (regarding Federal
Prison Industries) for 15 minutes; an amendment by Mr. Hutchinson
(regarding deaths in prisons) for 10 minutes; and an amendment by Mr.
Miller of Florida for 10 minutes.
para.92.27 commerce, justice, state appropriations
The SPEAKER pro tempore, Mr. GOSS, pursuant to House Resolution 479
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3814) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1997, and for other purposes.
Mr. GUNDERSON, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
para.92.28 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mrs. SCHROEDER:
Page 21, line 9, after the dollar amount, insert the
following: ``(reduced by $14,000,000)''.
Page 95, line 25, after the dollar amount, insert the
following: ``(increased by $13,000,000)''.
It was decided in the
Yeas
159
<3-line {>
negative
Nays
265
para.92.29 [Roll No. 343]
AYES--159
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dixon
Doggett
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Franks (CT)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pomeroy
Radanovich
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Woolsey
Wynn
Yates
Zimmer
NOES--265
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
NOT VOTING--9
Collins (IL)
Ehrlich
Fazio
Lewis (CA)
Lincoln
Matsui
McDade
Spratt
Young (FL)
So the amendment was not agreed to.
para.92.30 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SCOTT:
Page 26, line 20, after the dollar amount, insert
``(reduced by $497,500,000)''.
Page 28, line 6, after the dollar amount, insert the
following: ``(reduced by $497,500,000)''.
Page 33, line 10, after the dollar amount, insert the
following: ``(increased by $497,500,000)''.
Page 33, line 22, after the dollar amount, insert the
following: ``(increased by $497,500,000)''.
[[Page 1698]]
It was decided in the
Yeas
99
<3-line {>
negative
Nays
326
para.92.31 [Roll No. 344]
AYES--99
Abercrombie
Barrett (WI)
Becerra
Beilenson
Bishop
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Clay
Clayton
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
Cummings
de la Garza
DeFazio
Dellums
Dingell
Dixon
Doyle
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Fox
Frank (MA)
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Kennedy (RI)
Kildee
Klink
LaFalce
Lantos
LaTourette
Lewis (GA)
Lofgren
Markey
Martinez
McDermott
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Mink
Moran
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Quinn
Rangel
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Scott
Serrano
Shays
Sisisky
Slaughter
Stark
Stokes
Studds
Tejeda
Thompson
Torres
Towns
Vento
Waters
Watt (NC)
Williams
Woolsey
Wynn
Yates
NOES--326
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Levin
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--8
Collins (IL)
Fazio
Gilman
Lewis (CA)
Lincoln
Matsui
McDade
Young (FL)
So the amendment was not agreed to.
para.92.32 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. HOSTETTLER:
In title II, strike the item relating to ``DEPARTMENT OF
COMMERCE--Economic Development Administration--economic
development assistance programs''.
It was decided in the
Yeas
99
<3-line {>
negative
Nays
328
para.92.33 [Roll No. 345]
AYES--99
Allard
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bereuter
Bilirakis
Bliley
Boehner
Brownback
Bunning
Burton
Chabot
Chenoweth
Christensen
Chrysler
Coble
Combest
Cooley
Cox
Crane
Crapo
Cubin
Doolittle
Dornan
Dreier
Dunn
Ehrlich
Ensign
Fawell
Fields (TX)
Foley
Goss
Greene (UT)
Gutknecht
Hancock
Hastert
Hayworth
Hefley
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Inglis
Istook
Johnson, Sam
Kasich
Kim
Klug
Kolbe
Largent
Leach
Manzullo
McCollum
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Moorhead
Myrick
Nethercutt
Neumann
Paxon
Petri
Pombo
Porter
Pryce
Radanovich
Ramstad
Rohrabacher
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Smith (MI)
Solomon
Souder
Stearns
Stockman
Stump
Tate
Thornberry
Tiahrt
Walker
Weller
White
Wolf
Zeliff
Zimmer
NOES--328
Abercrombie
Ackerman
Andrews
Archer
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Duncan
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Holden
Horn
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
McCarthy
McCrery
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Portman
Poshard
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
[[Page 1699]]
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
NOT VOTING--6
Collins (IL)
Fazio
Lincoln
Matsui
McDade
Young (FL)
So the amendment was not agreed to.
After some further time,
The SPEAKER pro tempore, Mr. HUTCHINSON, assumed the Chair.
When Mr. GUNDERSON, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.92.34 message from the president--national emergency with respect
to iraq
The SPEAKER pro tempore, Mr. HUTCHINSON, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the Iraqi emergency is to continue in
effect beyond August 2, 1996, to the Federal Register for publication.
The crisis between the United States and Iraq that led to the
declaration on August 2, 1990, of a national emergency has not been
resolved. The Government of Iraq continues to engage in activities
inimical to stability in the Middle East and hostile to United States
interests in the region. Such Iraqi actions pose a continuing unusual
and extraordinary threat to the national security and vital foreign
policy interests of the United States. For these reasons, I have
determined that it is necessary to maintain in force the broad
authorities necessary to apply economic pressure on the Government of
Iraq.
William J. Clinton.
The White House, July 22, 1996.
The message, together with the accompanying papers, was referred to
the Committee on International Relations and ordered to be printed (H.
Doc. 104-250).
para.92.35 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 497. An Act, to create the National Gambling Impact
and Policy Commission.
H.R. 3161. An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Romania.
H.R. 3107. An Act to impose sanctions on persons making
certain investments directly and significantly contributing
to the enhancement of the ability of Iran or Libya to develop
its petroleum resources, and on persons exporting certain
items from enhance Libya's weapons or aviation capabilities
or enhance Libya's ability to develop its petroleum
resources, and for other purposes.
para.92.36 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today and balance of the week;
To Mr. FIELDS of Louisiana, for today from 1 p.m. to 2:30 p.m.; and
To Mr. SAXTON, for today until 4 p.m.
And then,
para.92.37 adjournment
On motion of Mr. HORN, at 11 o'clock and 23 minutes p.m., the House
adjourned.
para.92.38 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SPENCE: Committee on National Security. H.R. 3237. A
bill to provide for improved management and operation of
intelligence activities of the Government by providing for a
more corporate approach to intelligence, to reorganize the
agencies of the Government engaged in intelligence activities
so as to provide an improved Intelligence Community for the
21st century, and for other purposes; with an amendment
(Rept. No. 104-620 Pt. 2). Referred to the Committee of the
Whole House on the State of the Union.
Mr. ARCHER: Committee on Ways and Means. H.R. 2823. A bill
to amend the Marine Mammal Protection Act of 1972 to support
the International Dolphin Conservation Program in the eastern
tropical Pacific Ocean, and for other purposes (Rept. No.
104-665 Pt. 2). Referred to the Committee of the Whole House
on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 1627. A bill to
amend the Federal Insecticide, Fungicide, and Rodenticide Act
and the Federal Food, Drug, and Cosmetic Act, and for other
purposes; with an amendment (Rept. No. 104-669, Pt. 2).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. HYDE: Committee on the Judiciary. S. 531. An Act to
authorize a circuit judge who has taken part in an in banc
hearing of a case to continue to particiate in that case
after taking senior status, and for other purposes (Rept. No.
104-697). Referred to the Committee of the Whole House on the
State of the Union.
para.92.39 discharge of committee
Pursuant to clause 5 of rule X the Committee on Government Reform and
Oversight discharged from further consideration. H.R. 3237 referred to
the Committee of the Whole House on the State of the Union.
para.92.40 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FRISA (for himself, Mr. Bliley, Mr. Dingell, Mr.
Bilirakis, Mr. Towns, Mr. Greenwood, Mr. Studds, and
Ms. Eshoo):
H.R. 3867. A bill to amend the Developmental Disabilities
Assistance and Bill of Rights Act to extend the act, and for
other purposes; to the Committee on Commerce.
By Mr. SCHAEFER:
H.R. 3868. A bill to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1996; to the Committee on Commerce.
By Mr. HORN (for himself, Mrs. Maloney, Mr. Bass, Mr.
Clinger, Mr. Ehlers, Mr. Flanagan, Mr. Fox, Mr.
Shays, Mr. Stearns, and Mr. Tate):
H.R. 3869. A bill to amend the Federal Advisory Committee
Act to direct the Director of the Office of Management and
Budget to conduct a negotiated rulemaking for the purpose of
establishing electronic data reporting standards for the
electronic interchange of certain data that is required to be
reported under existing Federal law; to the Committee on
Government Reform and Oversight, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. GILMAN:
H.R. 3870. A bill to authorize the Agency for International
Development to offer voluntary separation incentive payments
to employees of that agency; to the Committee on Government
Reform and Oversight, and in addition to the Committee on
International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. TOWNS (for himself, Mr. Greenwood, and Mr.
Franks of Connecticut):
H.R. 3871. A bill to waive temporarily the Medicaid
enrollment composition rule for certain health maintenance
organizations; to the Committee on Commerce.
By Mr. BASS (for himself, Mr. Clinger, and Mr. Horn):
H.R. 3872. A bill to amend the Inspector General Act of
1978 to establish an office of inspector general in the
Executive Office of the President; to the Committee on
Government Reform and Oversight.
By Mr. BROWN of California (for himself, Mr. Yates, Mr.
Dellums, Mr. Beilenson, Ms. Eshoo, Ms. Roybal-Allard,
Mr. Zimmer, Mr. Wilson, Mr. Waxman, Mr. Becerra, Ms.
Woolsey, Mr. Berman, Ms. Lofgren, Mr. Filner, Mr.
Clay, Mr. Hinchey, Ms. Norton, Mr. Olver, Ms. Eddie
Bernice Johnson of Texas, Mr. Faleomavaega, and Ms.
Slaughter):
H.R. 3873. A bill to establish a National Forest Preserve
consisting of certain Federal lands in the Sequoia National
Forest in the State of California to protect and preserve
remaining Giant Sequoia ecosystems and to
[[Page 1700]]
provide increased recreational opportunities in connection
with such ecosystems; to the Committee on Resources.
By Mr. CANADY:
H.R. 3874. A bill to reauthorize the U.S. Commission on
Civil Rights, and for other purposes; to the Committee on the
Judiciary.
By Mr. COOLEY:
H.R. 3875. A bill to redesignate the dam located at mile
153.6 on the Rogue River in Jackson County, OR, and commonly
known as the Lost Creek Dam Lake Project, as the ``William L.
Jess Dam and Intake Structure''; to the Committee on
Transportation and Infrastructure.
By Mr. CUNNINGHAM:
H.R. 3876. A bill to amend the Juvenile Justice and
Delinquency Prevention Act of 1974 to authorize
appropriations for fiscal years 1997, 1998, 1999, 2000; and
for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. DICKEY (for himself, Mr. Hutchinson, Mrs.
Lincoln, and Mr. Thornton):
H.R. 3877. A bill to designate the U.S. post office
building in Camden, AR, as the ``Honorable David H. Pryor
Post Office Building''; to the Committee on Government Reform
and Oversight.
By Mr. FRANKS of New Jersey (for himself, Mr. Meehan,
Mr. Zimmer, Mr. Martini, Mr. Frelinghuysen, Mr.
Saxton, Mr. Foley, Mr. Klug, Mr. Kennedy of
Massachusetts, and Mr. Barrett of Wisconsin):
H.R. 3878. A bill to privatize the Federal Power Marketing
Administrations and certain facilities of the Tennessee
Valley Authority and, in the interim, to provide for a
transition to market-based rates for such power, and for
other purposes; to the Committee on Resources, and in
addition to the Committees on Transportation and
Infrastructure, and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. GALLEGLY (for himself, Mr. Young of Alaska, Mr.
Underwood, and Mr. Faleomavaega):
H.R. 3879. A bill to provide for representation of the
Northern Mariana Islands by a nonvoting Delegate in the House
of Representatives; to the Committee on Resources.
By Mr. OBERSTAR:
H.R. 3880. A bill to provide for the establishment of the
Voyageurs National Park Intergovernmental Council, to provide
for improved access to and use of the Boundary Waters Canoe
Area Wilderness, and for other purposes; to the Committee on
Resources.
By Mr. STEARNS (for himself, Mr. Wolf, Mr. McHugh, Mr.
Gibbons, Mr. Montgomery, and Mr. Rohrabacher):
H.R. 3881. A bill to establish the Bipartisan Commission on
the Future of Medicare to make findings and issue
recommendations on the future of the Medicare Program; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. STEARNS:
H.R. 3882. A bill to require the Secretary of the Navy to
transfer jurisdiction over a portion of Cecil Field Naval Air
Station, FL, to the Secretary of Veterans Affairs for use as
a national cemetery and for development of a long-term care
or nursing home facility for veterans; to the Committee on
National Security, and in addition to the Committee on
Veterans' Affairs, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. TORRICELLI:
H.R. 3883. A bill to grant the United States a copyright to
the flag of the United States and to impose criminal
penalties for the destruction of a copyrighted flag; to the
Committee on the Judiciary.
By Mr. HEFNER:
H.J. Res. 186. Joint resolution proposing an amendment to
the Constitution of the United States restoring the right of
Americans to pray in public institutions, including public
school graduation ceremonies and athletic events; to the
Committee on the Judiciary.
para.92.41 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 1886. A bill for
the relief of John Wesley Davis; with an amendment (Rept. No.
104-696). Referred to the Committee of the Whole House.
para.92.42 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 95: Mr. Fox.
H.R. 96: Mr. Fox.
H.R. 98: Ms. Pryce.
H.R. 351: Mrs. Cubin.
H.R. 491: Mr. Franks of New Jersey and Mr. Young of Alaska.
H.R. 513: Mr. Stearns.
H.R. 777: Mr. Green of Texas, Mr. Calvert, Mr. de la Garza,
and Mr. Myers of Indiana.
H.R. 778: Mr. Green of Texas, Mr. Calvert, Mr. de la Garza,
and Mr. Myers of Indiana.
H.R. 790: Mr. Cramer.
H.R. 791: Mr. Stearns.
H.R. 953: Mr. Spratt and Mr. Torricelli.
H.R. 1000: Mr. Martinez.
H.R. 1003: Mrs. Seastrand.
H.R. 1010: Mr. Torres.
H.R. 1161: Mr. Wicker, Mr. Stenholm, and Mr. Wynn.
H.R. 1222: Mr. Stearns.
H.R. 1291: Mr. Stearns.
H.R. 1627: Mr. Dingell and Mr. Waxman.
H.R. 1749: Mr. Stearns.
H.R. 1791: Mr. Nethercutt.
H.R. 2009: Mrs. Meek of Florida, Mr. Hinchey, Mr. Ackerman,
Mr. Yates, Ms. Lofgren, and Mr. Frazer.
H.R. 2011: Mr. Orton and Mr. Green of Texas.
H.R. 2270: Ms. Greene of Utah.
H.R. 2489: Mrs. Meyers of Kansas.
H.R. 2508: Mr. Edwards and Mr. Nussle.
H.R. 2578: Mr. Young of Alaska.
H.R. 2579: Mr. Blumenauer.
H.R. 2789: Mr. Houghton, Mr. Bereuter, and Mr. Ackerman.
H.R. 2875: Mr. Thompson.
H.R. 3000: Mr. Hastert.
H.R. 3077: Mr. Durbin, Mr. Lazio of New York, and Mrs.
Morella.
H.R. 3111: Mr. Johnston of Florida and Ms. Furse.
H.R. 3182: Mr. Obey.
H.R. 3199: Mrs. Lincoln, Mr. Orton, and Mr. Bunning of
Kentucky.
H.R. 3201: Mr. Bono, Mrs. Roukema, Ms. Greene of Utah, Mr.
Laughlin, Mr. Neal of Massachusetts, Mr. Ehrlich, Mr. Ney,
and Mr. Orton.
H.R. 3211: Mr. McKeon and Mr. Miller of Florida.
H.R. 3252: Mr. Torres and Mr. Hinchey.
H.R. 3338: Mr. Myers of Indiana, Mr. Jacobs, Mr. Ehlers,
Ms. Roybal-Allard, Mr. Allard, Mr. Inglis of South Carolina,
Mrs. Roukema, Mr. Hoekstra, Mr. Camp, and Mr. Boehner.
H.R. 3357: Ms. McKinney, Mr. Lipinski, Ms. Woolsey, and
Mrs. Meek of Florida.
H.R. 3358: Ms. McKinney, Mr. Lipinski, Ms. Woolsey, and
Mrs. Meek of Florida.
H.R. 3359: Ms. McKinney, Mr. Lipinski, Ms. Woolsey, and
Mrs. Meek of Florida.
H.R. 3360: Ms. McKinney, Mr. Lipinski, Ms. Woolsey, and
Mrs. Meek of Florida.
H.R. 3361: Ms. McKinney, Mr. Lipinski, Ms. Woolsey, and
Mrs. Meek of Florida.
H.R. 3391: Mr. Taylor of North Carolina, Mr. Livingston,
Mr. Lucas, and Mr. Spratt.
H.R. 3398: Mr. DeFazio and Mr. Calvert.
H.R. 3410: Mr. Watts of Oklahoma.
H.R. 3427: Mr. Green of Texas and Mr. Smith of New Jersey.
H.R. 3468: Mr. Sensenbrenner.
H.R. 3480: Mr. Hostettler and Mr. Burton of Indiana.
H.R. 3504: Mr. Calvert, Mr. de la Garza, Mr. Green of
Texas, and Mr. Thornberry.
H.R. 3508: Mr. Deal of Georgia, Mr. Stockman, and Mrs.
Meyers of Kansas.
H.R. 3511: Mr. Rangel, Mr. Berman, Mr. Wynn, Mr.
Torricelli, Mr. Evans, Mr. Fox, Mr. Andrews, Mr. Fazio of
California, and Ms. Millender-McDonald.
H.R. 3521: Mr. Dellums and Mr. Jefferson.
H.R. 3551: Mr. Frelinghuysen.
H.R. 3571: Mrs. Lowey.
H.R. 3590: Mr. Fazio of California, Mr. Wynn, and Mr. Frank
of Massachusetts.
H.R. 3601: Mr. Montgomery and Mr. Doolittle.
H.R. 3606: Mr. Frost.
H.R. 3646: Ms. Roybal-Allard, Mr. Stupak, Mr. Fox, and Miss
Collins of Michigan.
H.R. 3647: Mr. Calvert and Ms. Lofgren.
H.R. 3648: Mr. Owens.
H.R. 3700: Mrs. Meyers of Kansas, Mr. Campbell, and Mr.
Fields of Texas.
H.R. 3710: Miss. Collins of Michigan, Mr. Wolf, Mr.
Skelton, Mr. Barrett of Wisconsin, Mr. Kleczka, Mr. Filner,
and Mr. Sabo.
H.R. 3714: Mr. Wynn, Mr. Ford, Mr. Orton, and Mr. Camp.
H.R. 3715: Mr. Lipinski and Mr. Cunningham.
H.R. 3724: Mr. Packard.
H.R. 3733: Mr. DeFazio, Mr. Stupak, Mr. Jefferson, Mr.
Pastor, Mr. Fox, and Mr. Spratt.
H.R. 3744: Mr. Stark, Mr. Hilliard, Ms. Slaughter, Mr.
McNulty, Mrs. Morella, Mr. Nethercutt, and Ms. Roybal-Allard.
H.R. 3748: Mr. Lewis of Georgia.
H.R. 3750: Mr. LaHood and Mr. Johnson of South Dakota.
H.R. 3752: Mr. Stump, Mr. Solomon, Mr. Taylor of North
Carolina, Ms. Dunn of Washington, and Mr. Hutchinson.
H.R. 3783: Mr. Hostettler, Mr. Allard, Mr. Calvert, Mrs.
Chenoweth, Mr. Gilchrest, Mr. Rose, Mr. Bartlett of Maryland,
Mr. Heineman, Mr. Gutknecht, Mr. McHugh, Mr. Lucas, Mr.
Brewster, Mr. Baker of California, Mr. Latham, Mr. Jones,
Mrs. Cubin, Mr. Watts of Oklahoma, Mr. Riggs, Mr. Mica, Mr.
Saxton, Mr. Lewis of Kentucky, Mr. Lewis of California, Mr.
Leach, Mr. Kingston, Mr. Durbin, Mr. Combest, Mr. Collins of
Georgia, Mr. Chrysler, Mr. Barcia of Michigan, Mr. Peterson
of Minnesota, and Mr. Funderburk.
H.R. 3796: Mr. Owens, Mr. Lipinski, Mr. Clyburn, Mr. Wynn,
and Miss Collins of Michigan.
H.R. 3798: Mr. Ensign and Mr. Parker.
H.R. 3807: Mr. Ackerman, Ms. McKinney, Mr. Ford, and Mr.
Frost.
H.R. 3843: Mr. Serrano, Mr. Owens, Ms. McKinney, Ms.
DeLauro, and Ms. Norton.
[[Page 1701]]
H.R. 3846: Mr. Hamilton, Mr. Gejdenson, Mr. Houghton, Mrs.
Meek of Florida, Mr. Orton, Mr. McDermott, Mr. Coyne, Mr.
Ackerman, Mr. Spence, Mr. Frazer, Mrs. Schroeder, Mr.
Hastings of Florida, Mr. Calvert, and Mr. Chabot.
H.R. 3849: Mr. Gunderson, Mr. Hutchinson, Mr. Spratt, and
Mr. Barton of Texas.
H.R. 3857: Ms. Norton, Ms. Kaptur, Mr. Fox, and Mr. Fazio
of California.
H.J. Res. 70: Mr. Brown of California and Mr. Ackerman.
H. Con. Res. 51: Mr. Calvert, Mr. Chrysler, and Mr.
Boehner.
H. Con. Res. 83: Mr. Martinez, Mr. Payne of New Jersey, and
Mr. Sawyer.
H. Con. Res. 185: Mr. Cox, Mr. Horn, and Mr. Campbell.
H. Res. 359: Ms. Furse.
H. Res. 441: Mr. Visclosky and Mr. Reed.
H. Res. 449: Mr. Gordon, Mr. Jacobs, Ms. Eddie Bernice
Johnson of Texas, Ms. Molinari, Mr. Montgomery, Mrs.
Seastrand, and Mr. Skelton.
H. Res. 470: Mr. Duncan, Mrs. Roukema, Mr. English of
Pennsylvania, Mr. Meehan, Mr. Weldon of Pennsylvania, Mrs.
Lowey, Mr. Kennedy of Massachusetts, and Mr. Baldacci.
H. Res. 478: Mrs. Myrick and Ms. Dunn of Washington.
H. Res. 480: Ms. Dunn of Washington.
.
WEDNESDAY, JULY 24, 1996 (93)
para.93.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. EVERETT,
who laid before the House the following communication:
Washington, DC,
July 24, 1996.
I hereby designate the Honorable Terry Everett to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.93.2 approval of the journal
The SPEAKER pro tempore, Mr. EVERETT, announced he had examined and
approved the Journal of the proceedings of Tuesday, July 23, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.93.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4293. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Tobacco Inspection; Growers' Referendum Results [Docket No.
TB-95-18] received July 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4294. A letter from the Secretary of Transportation,
transmitting a report of a violation of the Anti-Deficiency
Act--Aviation Insurance Program, Federal Aviation
Administration [FAA], appropriation symbol 69X4120, for
fiscal year 1994, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
4295. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Management Official Interlocks [Docket No. 96-62] received
July 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
4296. A letter from the Administrator, Energy Information
Administration, transmitting the Administration's report
entitled ``Voluntary Reporting of Greenhouse Gases 1995,''
the first in a series of annual reports, pursuant to Public
Law 102-486, section 1605(b) (106 Stat. 3002; to the
Committee on Commerce.
4297. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Final Authorization of
State Hazardous Waste Management Program: Kansas [FRL-5542-7]
received July 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4298. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation to State Implementation Plan; Michigan [FRL-
5541-1] received July 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4299. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Final
Interim Approval of Operating Permits Program; State of
Tennessee and Memphis-Shelby County, Tennessee [FRL-5542-4]
received July 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4300. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutant Emission: Group I
Polymers and Resins [FRL-5543-1] received July 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4301. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Interconnection and Resale Obligations Pertaining
to Commercial Mobile Radio Services, First Report and Order
[FCC 96-263] received July 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4302. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b) Table of
Allotments, FM Broadcast Stations (Green River, Wyoming) [MM
Docket No. 96-63] received July 23, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4303. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated settlement of the Cyprus question, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
International Relations.
4304. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Removal of
Chapter 201, Federal Information Resources Management
Regulation, from Title 41--Public Contracts and Property
Management (RIN: 3090-AGO4) received July 23, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Government
Reform and Oversight.
4305. A letter from the Commissioner, Bureau of
Reclamation, Department of the Interior, transmitting a
report on the necessity to construct modifications to
Bradbury Dam, Cachuma project, CA, in order to preserve its
structural safety, pursuant to 43 U.S.C. 509; to the
Committee on Resources.
4306. A letter from the Assistant Secretary for Policy,
Management and Budget, Department of the Interior
transmitting the Department's final rule--Administrative and
Audit Requirements and Cost Principles for Assistance
Programs (RIN: 1090-AA58) received July 23, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
4307. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Atlantic
Swordfish Fishery; Drift Gillnet Closure Postponement (50 CFR
Part 630) received July 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4308. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of Alaska; Pacific Ocean Perch in the Central Gulf
of Alaska [Docket No. 960129018-6018-01; I.D. 071596A]
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4309. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Sablefish in the Central
Regulatory Area [Docket No. 960129018-6018-01; I.D. 071596B]
received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4310. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Release
Preparation Program [BOP-1055-F] (RIN: 1120-AA51) received
July 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on the Judiciary.
4311. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Hostage
Situation Management [BOP-1061-F] (RIN: 1120-AA55) received
July 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on the Judiciary.
4312. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Manufacturers Excise Taxes-Firearms and
Ammunition (Notice No. 831) (RIN: 1512-AB42) received July
23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
4313. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--Miscellaneous Coverage Provisions of the Social
Security Independence and Program Improvements Act of 1994;
Coverage Provisions of the Social Security Domestic
Employment Reform Act of 1994 (RIN: 0960-AE00) received July
22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
4314. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--When You Are A Full-Time Elementary Or Secondary School
Student (RIN: 0960-AE21) received July 22, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4315. A letter from the Administrator, Health Care
Financing Administration, transmitting the Administration's
final rule--Medicare Program; Reporting of Interest From Zero
Coupon Bonds [BDP-647-F] (RIN: 0938-AH11) received July 23,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); jointly, to the
Committees on Ways and Means and Commerce.
para.93.4 committees and subcommittees to sit
On motion of Mr. ROGERS, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
[[Page 1702]]
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Resources, the Committee on
Science, and the Committee on Small Business.
para.93.5 order of business--modification of amendment consideration--
h.r. 3814
On motion of Mr. ROGERS, by unanimous consent,
Ordered, That the special order of the House agreed to on July 23,
1996, be modified so that Mr. Ganske may offer an amendment regarding
the patenting of medical procedures which shall be debatable for 20
minutes, and that said amendment shall be offered instead of the
amendment numbered 16 on the same subject as printed in the Record.
para.93.6 commerce, justice, state appropriations
The SPEAKER pro tempore, Mr. EVERETT, pursuant to House Resolution 479
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3814) making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1997, and for other purposes.
Mr. GUNDERSON, Chairman of the Committee of the Whole, resumed the
chair; and after some time spent therein,
para.93.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GOSS:
Page 48, line 7, after the dollar amount, insert the
following: ``(reduced by $98,550,000)''.
It was decided in the
Yeas
113
<3-line {>
negative
Nays
301
para.93.8 [Roll No. 346]
AYES--113
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bereuter
Bilirakis
Bliley
Boehner
Bono
Brownback
Bunning
Burton
Callahan
Chabot
Christensen
Chrysler
Coble
Combest
Cooley
Cox
Cremeans
Cubin
Cunningham
Doolittle
Dreier
Dunn
Ehlers
Ensign
Fawell
Fields (TX)
Foley
Fowler
Franks (NJ)
Frelinghuysen
Goss
Greene (UT)
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hayworth
Hefley
Hobson
Hoekstra
Hoke
Hostettler
Hyde
Inglis
Istook
Johnson, Sam
Kasich
Kim
Klug
Kolbe
Largent
Laughlin
Leach
Manzullo
McCollum
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Moorhead
Myrick
Nethercutt
Neumann
Paxon
Petri
Pombo
Porter
Pryce
Radanovich
Ramstad
Rohrabacher
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Smith (MI)
Solomon
Souder
Stearns
Stockman
Stump
Talent
Tate
Thomas
Thornberry
Tiahrt
Walker
Weller
White
Wolf
Zeliff
Zimmer
NOES--301
Abercrombie
Ackerman
Andrews
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Bartlett
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (GA)
Condit
Conyers
Costello
Coyne
Cramer
Crapo
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Duncan
Durbin
Edwards
Ehrlich
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Franks (CT)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Herger
Hilleary
Hilliard
Holden
Houghton
Hoyer
Hunter
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Neal
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Portman
Poshard
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Scott
Serrano
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Whitfield
Wicker
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Collins (IL)
Collins (MI)
Crane
Flake
Hinchey
Horn
Lincoln
McDade
Menendez
Molinari
Morella
Nadler
Peterson (FL)
Riggs
Vucanovich
Weldon (PA)
Wilson
Young (AK)
Young (FL)
So the amendment was not agreed to.
para.93.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ALLARD:
Page 58, strike lines 18 through 23 (relating to the Under
Secretary for Technology and the Office of Technology
Policy).
It was decided in the
Yeas
183
<3-line {>
negative
Nays
229
para.93.10 [Roll No. 347]
AYES--183
Allard
Andrews
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehrlich
English
Ensign
Everett
Fawell
Fields (TX)
Foley
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hutchinson
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kim
King
Kingston
Klug
Kolbe
Largent
Latham
Laughlin
Lazio
Lewis (KY)
Linder
LoBiondo
Longley
Luther
Manzullo
Martini
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Minge
Moorhead
Myrick
Nethercutt
Neumann
Norwood
Nussle
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Radanovich
Ramstad
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Visclosky
Walker
Wamp
Watts (OK)
Weller
White
Whitfield
Wicker
Zeliff
Zimmer
[[Page 1703]]
NOES--229
Abercrombie
Ackerman
Baesler
Baldacci
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Campbell
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Ehlers
Engel
Eshoo
Evans
Ewing
Farr
Fattah
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Forbes
Ford
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Gordon
Green (TX)
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Holden
Houghton
Hoyer
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Knollenberg
LaFalce
LaHood
Lantos
LaTourette
Leach
Levin
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lofgren
Lowey
Lucas
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Myers
Neal
Ney
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pomeroy
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Rivers
Rogers
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stenholm
Stockman
Stokes
Studds
Stupak
Tanner
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Williams
Wise
Wolf
Woolsey
Wynn
Yates
NOT VOTING--21
Barr
Collins (IL)
Crane
Flake
Horn
Hunter
Lewis (CA)
Lincoln
McDade
McInnis
Menendez
Molinari
Morella
Nadler
Peterson (FL)
Riggs
Vucanovich
Weldon (PA)
Wilson
Young (AK)
Young (FL)
So the amendment was not agreed to.
After some further time,
para.93.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. FRANK of
Massachusetts:
Before the short title at the end of the bill insert the
following:
Sec. . None of the funds appropriated to the Federal
Communications Commission by this Act shall be used to assign
a license for advanced television services.
It was decided in the
Yeas
16
<3-line {>
negative
Nays
408
para.93.12 [Roll No. 348]
AYES--16
Beilenson
Blumenauer
Conyers
DeFazio
Dellums
Fawell
Filner
Foglietta
Frank (MA)
Hinchey
Royce
Sanford
Shays
Visclosky
Waters
Yates
NOES--408
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NOT VOTING--9
Coleman
Collins (IL)
Gibbons
Lincoln
McDade
Peterson (FL)
Stark
Weldon (PA)
Young (FL)
So the amendment was not agreed to.
para.93.13 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GANSKE:
Page 116, after line 2, insert the following new section:
Sec. 615. (a) Limitation on Use of Funds to Issue Certain
Patents.--None of the funds made available in this Act may be
used by the Patent and Trademark Office to issue a patent
when it is made known to the Federal official having
authority to obligate or expend such funds that the patent is
for any invention or discovery of a technique, method, or
process for performing a surgical procedure (defined as a
treatment for curing or preventing disease, injury, illness,
disorder, or deformity by operative methods, in which human
tissue is cut, burned, or vaporized by the use of any
mechanical means, laser, or ionizing radiation, or the
penetration of the skin or body orifice by any means),
performing a medical procedure (defined as a nonsurgical,
nondiagnostic procedure for curing or preventing a disease,
injury, illness, disorder, or deformity), or making a medical
diagnosis (defined as the identification of a medical
condition or a disease or disorder of a body).
[[Page 1704]]
(b) Exceptions.--The limitation established in subsection
(a) shall not apply to the issuance of a patent when it is
made known to the Federal official having authority to
obligate or expend such funds that--
(1) the patent is for a machine, manufacture, or
composition of matter, or improvement thereof, that is itself
patentable subject matter, and the technique, method, or
process referred to in subsection (a) is performed by or is a
necessary component of the machine, manufacture, or
composition of matter; or
(2) the patent is for a new use of a composition of matter
or biotechnological process.
It was decided in the
Yeas
295
<3-line {>
affirmative
Nays
128
para.93.14 [Roll No. 349]
AYES--295
Abercrombie
Ackerman
Allard
Andrews
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bilirakis
Bishop
Blumenauer
Boehlert
Bonilla
Borski
Boucher
Browder
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clement
Coburn
Collins (GA)
Collins (MI)
Condit
Cooley
Costello
Cox
Cramer
Crapo
Cremeans
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Doggett
Doolittle
Doyle
Duncan
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Evans
Everett
Ewing
Fawell
Flake
Flanagan
Foley
Forbes
Ford
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Johnson (SD)
Johnson, Sam
Kanjorski
Kasich
Kelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
LoBiondo
Luther
Manton
Manzullo
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Minge
Mink
Molinari
Montgomery
Murtha
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (NJ)
Peterson (MN)
Pickett
Pomeroy
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Riggs
Rivers
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Rush
Salmon
Sanders
Sanford
Saxton
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weller
Whitfield
Wicker
Wise
Wolf
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOES--128
Baker (CA)
Becerra
Berman
Bevill
Bilbray
Bliley
Blute
Boehner
Bonior
Bono
Brewster
Brown (CA)
Brown (FL)
Campbell
Cardin
Chapman
Clayton
Clinger
Clyburn
Coble
Combest
Conyers
Coyne
Crane
Cubin
Cunningham
DeLauro
Dellums
Deutsch
Dixon
Dooley
Dornan
Dreier
Dunn
Engel
Eshoo
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Filner
Foglietta
Fox
Frank (MA)
Furse
Gallegly
Gephardt
Gilman
Gutierrez
Harman
Hefner
Hilliard
Houghton
Hoyer
Jacobs
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Jones
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Knollenberg
Lantos
Laughlin
Levin
Livingston
Lofgren
Longley
Lowey
Lucas
Maloney
Markey
Matsui
McDermott
McNulty
Meehan
Meek
Millender-McDonald
Miller (FL)
Moakley
Mollohan
Moorhead
Moran
Morella
Neal
Olver
Owens
Pallone
Pastor
Payne (VA)
Pelosi
Petri
Pombo
Porter
Portman
Ramstad
Rangel
Reed
Richardson
Roemer
Rogers
Rose
Roybal-Allard
Sabo
Sawyer
Scarborough
Schroeder
Schumer
Serrano
Skaggs
Stark
Studds
Thompson
Thornton
Torres
Torricelli
Velazquez
Vucanovich
Walker
Watt (NC)
White
Williams
Wilson
Woolsey
NOT VOTING--10
Archer
Coleman
Collins (IL)
Frisa
Lewis (CA)
Lincoln
McDade
Peterson (FL)
Weldon (PA)
Young (FL)
So the amendment was agreed to.
para.93.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. GUTKNECHT:
Page 116, after line 2, insert the following new section:
Sec. 615. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 1.9 percent.
It was decided in the
Yeas
125
<3-line {>
negative
Nays
300
para.93.16 [Roll No. 350]
AYES--125
Allard
Bachus
Baker (CA)
Baker (LA)
Barrett (WI)
Bartlett
Barton
Bilirakis
Brownback
Bunning
Burton
Callahan
Campbell
Chabot
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
Doolittle
Dornan
Dreier
Duncan
Edwards
Ewing
Fields (TX)
Foley
Fox
Franks (NJ)
Funderburk
Gillmor
Goodlatte
Goodling
Goss
Graham
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hayworth
Hefley
Herger
Hoekstra
Hoke
Holden
Hostettler
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kelly
Kleczka
Klug
LaHood
Largent
Laughlin
Lucas
Luther
Manzullo
McHale
McInnis
McIntosh
Metcalf
Mica
Minge
Myrick
Neumann
Norwood
Nussle
Orton
Parker
Peterson (MN)
Petri
Pombo
Portman
Pryce
Radanovich
Ramstad
Roberts
Roemer
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shays
Smith (MI)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Taylor (MS)
Thornberry
Tiahrt
Torricelli
Walker
Weldon (FL)
Zimmer
NOES--300
Abercrombie
Ackerman
Andrews
Armey
Baesler
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Buyer
Calvert
Camp
Canady
Cardin
Castle
Chambliss
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Davis
de la Garza
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Durbin
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Ford
Fowler
Frank (MA)
Franks (CT)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manton
Markey
Martinez
Martini
[[Page 1705]]
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHugh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Pickett
Pomeroy
Porter
Poshard
Quillen
Quinn
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Rogers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOT VOTING--8
Archer
Coleman
Collins (IL)
Lincoln
McDade
Peterson (FL)
Weldon (PA)
Young (FL)
So the amendment was not agreed to.
para.93.17 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. COLLINS of
Georgia:
Page 116, after line 2, insert the following:
Sec. 615. None of the funds made available by this Act may
be obligated or expended to administer Federal Prison
Industries except when it is made known to the Federal
official having authority to obligate or expend such funds
that Federal Prison Industries--
(1) considers 20 percent of the Federal market for a new
product produced by Federal Prison Industries after the date
of the enactment of this Act as being a reasonable share of
total purchases of such product by Federal departments and
agencies; and
(2) uses, when describing in any report or study a specific
product produced by Federal Prison Industries--
(A) the 7-digit classification for the product in the
Standard Industrial Classification (SIC) Code published by
the Office of Management and Budget (or if there is no 7-
digit code classification for a product, the 5-digit code
classification); and
(B) the 13-digit National Stock Number assigned to such
product under the Federal Stock Classification System
(including group, part number, and section), as determined by
the General Services Administration.
It was decided in the
Yeas
182
<3-line {>
negative
Nays
244
para.93.18 [Roll No. 351]
AYES--182
Allard
Baesler
Baker (LA)
Ballenger
Barcia
Barr
Bartlett
Barton
Bateman
Bilbray
Blumenauer
Boehner
Brewster
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Callahan
Camp
Castle
Chambliss
Chapman
Chenoweth
Chrysler
Clayton
Clement
Coble
Coburn
Collins (GA)
Combest
Condit
Conyers
Cooley
Cramer
Crane
Crapo
Cubin
Cummings
Cunningham
Danner
Deal
Diaz-Balart
Dickey
Doyle
Duncan
Dunn
Ehlers
Ehrlich
English
Everett
Fawell
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Geren
Gilchrest
Gilman
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Gunderson
Hall (OH)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Hilleary
Hinchey
Hobson
Hoekstra
Holden
Hostettler
Hunter
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kim
King
Kingston
Kleczka
Klug
Latham
LaTourette
Laughlin
Leach
Lewis (KY)
Linder
LoBiondo
Manzullo
Martinez
Martini
Mascara
McCarthy
McCrery
McHale
McHugh
McInnis
McIntosh
Metcalf
Meyers
Mica
Minge
Molinari
Montgomery
Myrick
Nethercutt
Neumann
Ney
Norwood
Oxley
Paxon
Payne (VA)
Porter
Pryce
Radanovich
Ramstad
Reed
Regula
Rivers
Roberts
Ros-Lehtinen
Roukema
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shays
Shuster
Smith (NJ)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Walker
Wamp
Watt (NC)
Weldon (FL)
Weller
Whitfield
Wicker
Wynn
Young (AK)
Zeliff
Zimmer
NOES--244
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baker (CA)
Baldacci
Barrett (NE)
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bunn
Buyer
Calvert
Campbell
Canady
Cardin
Chabot
Christensen
Clay
Clinger
Clyburn
Collins (MI)
Costello
Cox
Coyne
Cremeans
Davis
de la Garza
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Ford
Fowler
Frank (MA)
Frisa
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gillmor
Gonzalez
Goodlatte
Greenwood
Gutierrez
Gutknecht
Hall (TX)
Hansen
Harman
Hastings (FL)
Hefner
Herger
Hilliard
Hoke
Horn
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennelly
Kildee
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Markey
Matsui
McCollum
McDermott
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Mollohan
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Portman
Poshard
Quillen
Quinn
Rahall
Rangel
Richardson
Riggs
Roemer
Rogers
Rohrabacher
Rose
Roth
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Serrano
Shadegg
Shaw
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (WA)
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Talent
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Ward
Waters
Watts (OK)
Waxman
White
Williams
Wilson
Wise
Wolf
Woolsey
Yates
NOT VOTING--7
Coleman
Collins (IL)
Lincoln
McDade
Peterson (FL)
Weldon (PA)
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. HUTCHINSON, assumed the Chair.
When Mr. GUNDERSON, Chairman, pursuant to House Resolution 479,
reported the bill back to the House with sundry amendments adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
In title I, under the heading ``Violent Crime Reduction
Programs, State and Local Law Enforcement'', after ``and of
which $12,500,000 shall be available for the Cooperative
Agreement Program'' insert the following: ``: Provided
further, That funds made available for Violent Offender
Incarceration and Truth in Sentencing Incentive Grants to the
State of California may, at the discretion of the recipient,
be used for payments for the incarceration of criminal
aliens''.
In title II, under the heading ``Economic Development
Administration, Economic Development Assistance Programs'',
after ``September 30, 1982,'' insert the following: ``and for
trade adjustment assistance,''.
In title II, under the heading ``National Oceanic and
Atmospheric Administration, Operations, Research, and
Facilities'', strike ``$180,975,000'' and insert
``$182,660,000'', and strike ``$431,582,000'' and insert
``$429,897,000''.
In title V, after the matter under the heading
``Administrative Provisions--Maritime Administration'',
insert the following:
``Commission on the Advancement of Federal Law Enforcement
``salaries and expenses
``For necessary expenses of the Commission on the
Advancement of Federal Law Enforcement, as authorized by the
Antiterrorism and Effective Death Penalty Act of 1996,
$2,000,000, to remain available until September 30, 1998.''.
[[Page 1706]]
On page 54, strike the language on lines 3 through 15, and
insert the following:
``In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $110,500,000, to remain available until expended,
of which not to exceed $500,000 may be transferred to the
``Working Capital Fund'': Provided, That none of the funds
made available under this heading may be used for the
purposes of carrying out additional program competitions
under the Advanced Technology Program: Provided further, That
funds made available for the Advanced Technology Program
under this heading and any unobligated balances available
from carryover of prior year appropriations for such program
may be used only for the purposes of providing continuation
grants for competitions completed prior to October 1, 1995:
Provided further, That such continuation grants shall be
provided only to single applicants or joint venture
participants which are small businesses: Provided further,
That such funds for the Advanced Technology Program are
provided for the purposes of closing out all commitments for
such program.''
On page 14, line 21, under the heading ``Federal Bureau of
Investigation, Salaries and Expenses'', strike
``$117,081,000'' and insert ``$133,081,000''.
On page 2, line 24, at the end of the paragraph under the
heading ``General Administration, Salaries and Expenses'',
insert the following new paragraph:
``In addition, for reimbursement of expenses associated
with implementation of drug testing initiatives for persons
arrested and convicted of Federal offenses, $7,000,000, to
remain available until expended.''.
On page 25, line 20, at the end of the paragraph under the
heading ``Justice Assistance'', insert the following new
paragraph:
``In addition, for local firefighter and emergency services
training grants, $5,000,000, to remain available until
expended, as authorized by section 819 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132;
110 Stat. 1316).''.
On page 69, line 10, strike ``$125,000,000'' and insert
``$131,000,000''.
On page 12, line 21, after the dollar amount, insert the
following: ``(reduced by $14,000,000)''.
On page 21, line 9, after the dollar amount, insert the
following: ``(reduced by $45,000,000)''.
On page 53, line 6, after the dollar amount, insert the
following: ``(reduced by $33,748,000)''.
On page 66, line 23, after the dollar amount, insert the
following; ``(reduced by $12,000,000)''.
On page 73, line 1 after the dollar amount, insert the
following: (``reduced by $14,000,000)''.
On page 99, line 14, after the dollar amount, insert the
following: ``(increased by $109,000,000)''.
On page 99, line 15, after the dollar amount, insert the
following: ``(increased by $109,000,000)''.
On page 103, line 17, after the dollar amount, insert the
following: ``(reduced by $10,000)''.
On page 103, line 25, after the dollar amount, insert the
following: ``(reduced by $25,000,000)''.
On page 106, line 7, after the dollar amount, insert the
following: ``(reduced by $25,000,000)''.
On page 25, line 20, at the end of the paragraph and before
the period, insert the following: ``: Provided, That of the
amount made available from the local law enforcement block
grant for technology programs, $10,000,000 shall be available
for programs under section 820 and section 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).''
On page 25, line 20, at the end of the paragraph and before
the period, insert the following: ``: Provided, That of the
amount made available from the local law enforcement block
grant for technology programs, $10,000,000 shall be available
for programs under section 820 and section 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).''
Page 41, beginning on line 24, strike ``Funds'' and
everything that follows through ``to the Committees'' on page
42, line 1, and insert the following: ``Funds shall not be
available for obligation unless an implementation plan as set
forth in subsection (e) is submitted to each member of the
Committees''.
Page 42, line 3 strike ``and shall'' and insert ``and the
Congress does not, within the 60 days after the date of such
submission, by law block or prevent the obligation of such
funds. Such funds shall''.
Page 42, line 8, insert before the period the following:
``and this section''.
In title I, at the end of the item relating to ``General
Provisions--Department of Justice'', insert the following new
section:
Sec. . It is the sense of the Congress that the Drug
Enforcement Administration, together with other appropriate
Federal agencies, should take such actions as may be
necessary to end the illegal importation into the United
States of Rohypnol (flunitrazepam), a drug frequently
distributed with the intent to facilitate sexual assault and
rape.
Page 88, line 6, insert before the period the following:
``: Provided, That, of the amount provided under this
heading, $9,300,000 may be made available for grants for the
operating costs of Radio Free Asia under section 309 of the
United States International Broadcasting Act of 1994''.
Page 112, after line 11, insert the following:
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Page 51, line 25, after the dollar amount, insert the
following: ``(increased by $5,000,000)''.
Page 53, line 6, after the dollar amount, insert the
following: ``(reduced by $5,000,000)''.
On page 55, line 22, strike ``$66,000,000'' and insert in
lieu therof ``$68,000,000''.
On page 56, line 4, strike ``$1,837,176,000'' and insert in
lieu therof ``$1,839,176,000''.
On page 56, line 6, strike ``$71,276,000'' and insert in
lieu therof ``$73,276,000''.
On page 56, line 10, strike ``$292,907,000'' and insert in
lieu therof ``$298,907,000''.
On page 56, line 13, strike ``$429,897,000'' and insert in
lieu thereof ``$425,897,000''.
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or
make available any commercially published information or
material to a prisoner when it is made known to the Federal
official having authority to obligate or expend such funds
that such information or material is sexually explicit or
features nudity.
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . Of the funds appropriated in this Act under the
heading ``OFFICE OF JUSTICE PROGRAMS--state and local law
enforcement assistance'', not more than ninety percent of the
amount to be awarded to an entity under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 shall
be made available to such an entity when it is made known to
the Federal official having authority to obligate or expend
such funds that the entity that employs a public safety
officer (as such term is defined in section 1204 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968)
does not provide such a public safety officer who retires or
is separated from service due to injury suffered as the
direct and proximate result of a personal injury sustained in
the line of duty while responding to an emergency situation
or a hot pursuit (as such terms are defined by State law)
with the same or better level of health insurance benefits
that are paid by the entity at the time of retirement or
separation.
Page 116, after line 2, insert the following new section:
Sec. 615. (a) Limitation on Use of Funds to Issue Certain
Patents.--None of the funds made available in this Act may be
used by the Patent and Trademark Office to issue a patent
when it is made known to the Federal official having
authority to obligate or expend such funds that the patent is
for any invention or discovery of a technique, method, or
process for performing a surgical procedure (defined as a
treatment for curing or preventing disease, injury, illness,
disorder, or deformity by operative methods, in which human
tissue is cut, burned, or vaporized by the use of any
mechanical means, laser, or ionizing radiation, or the
penetration of the skin or body orifice by any means),
performing a medical procedure (defined as a nonsurgical,
nondiagnostic procedure for curing or preventing a disease,
injury, illness, disorder, or deformity), or making a medical
diagnosis (defined as the identification of a medical
condition or a disease or disorder of a body).
(b) Exceptions.--The limitation established in subsection
(a) shall not apply to the issuance of a patent when it is
made known to the Federal official having authority to
obligate or expend such funds that--
(1) the patent is for a machine, manufacture, or
composition of matter, or improvement thereof, that is itself
patentable subject matter, and the technique, method, or
process referred to in subsection (a) is performed by or is a
necessary component of the machine, manufacture, or
composition of matter; or
(2) the patent is for a new use of a composition of matter
or biotechnological process.
Page 116, after line 2, insert the following:
Sec. . Of the funds in this Act appropriated for a
municipal or county jail, State or Federal prison, or other
similar facility for the confinement of individuals in
connection with crime or criminal proceedings, not more than
90 percent of the funds otherwise authorized to be made
available to any such municipal or county jail, State or
Federal prison, or other similar facility, may be made
available when it is made known to the Federal official
having authority to obligate or expend such funds that the
authorities of such jail, prison, or other facility have not
reported to the Attorney General each death of any individual
who dies in custody in that jail, prison, or facility, and
the circumstances that surround that death.
[[Page 1707]]
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. . The amount provided in this Act for ``Equal
Employment Opportunity Commission--Salaries and Expenses'' is
increased by $1,000,000. The amount provided for Small
Business Administration, Disaster Loan Program Account for
administrative expenses is reduced by $8,000,000.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. OBEY moved to recommit the bill to the Committee on Appropriations
with instructions to report the bill back to the House promptly with the
following amendment:
To increase funding for contributions to international
peacekeeping activities with appropriate offsets.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that the nays had
it.
So the motion to recommit with instructions was not agreed to.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
246
<3-line {>
affirmative
Nays
179
para.93.19 [Roll No. 352]
YEAS--246
Archer
Baesler
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bunn
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Christensen
Clinger
Coble
Combest
Costello
Cramer
Cunningham
Davis
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Dunn
Ehlers
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Goodling
Gordon
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Harman
Hastert
Hastings (WA)
Hefner
Heineman
Hilleary
Hobson
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Johnson (CT)
Kanjorski
Kasich
Kelly
Kennelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Manzullo
Martini
Mascara
Matsui
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McNulty
Meek
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Roukema
Sawyer
Schiff
Schumer
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Talent
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--179
Abercrombie
Ackerman
Allard
Andrews
Armey
Bachus
Baker (CA)
Baldacci
Barcia
Barrett (WI)
Bartlett
Barton
Becerra
Blumenauer
Boehner
Brown (CA)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunning
Burton
Chabot
Chenoweth
Chrysler
Clay
Clayton
Clement
Clyburn
Coburn
Collins (GA)
Collins (MI)
Condit
Conyers
Cooley
Cox
Coyne
Crane
Crapo
Cremeans
Cubin
Cummings
Danner
de la Garza
Dellums
Dingell
Doolittle
Duncan
Durbin
Edwards
Ehrlich
Ewing
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Funderburk
Gephardt
Gibbons
Gillmor
Gonzalez
Goodlatte
Goss
Graham
Green (TX)
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastings (FL)
Hayworth
Hefley
Herger
Hilliard
Hinchey
Hoekstra
Hoke
Hostettler
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Klink
LaFalce
Lantos
Largent
Levin
Lewis (GA)
Lewis (KY)
Maloney
Manton
Markey
Martinez
McCarthy
McIntosh
McKinney
Meehan
Menendez
Metcalf
Millender-McDonald
Mink
Moakley
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pastor
Payne (NJ)
Petri
Pombo
Pomeroy
Ramstad
Rangel
Reed
Rivers
Roemer
Rohrabacher
Rose
Roth
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schroeder
Scott
Sensenbrenner
Shadegg
Slaughter
Smith (MI)
Stark
Stearns
Stockman
Stokes
Studds
Stump
Stupak
Tanner
Taylor (MS)
Thompson
Thornberry
Tiahrt
Torres
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Williams
Woolsey
Wynn
Yates
NOT VOTING--8
Coleman
Collins (IL)
Hayes
Lincoln
McDade
Peterson (FL)
Weldon (PA)
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.93.20 providing for the consideration of h.r. 3816
Mr. QUILLEN, by direction of the Committee on Rules, called up the
following resolution (H. Res. 483):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3816) making appropriations for energy and
water development for the fiscal year ending September 30,
1997, and for other purposes. The first reading of the bill
shall be dispensed with. General debate shall be confined to
the bill and shall not exceed one hour equally divided and
controlled by the chairman and ranking minority member of the
Committee on Appropriations. After general debate the bill
shall be considered for amendment under the five-minute rule.
Points of order against provisions in the bill for failure to
comply with clause 2 or 6 of rule XXI are waived. During
consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition on
the basis of whether the Member offering an amendment has
caused it to be printed in the portion of the Congressional
Record designated for that purpose in clause 6 of rule XXIII.
Amendments so printed shall be considered as read. The
Chairman of the Committee of the Whole may postpone until a
time during further consideration in the Committee of the
Whole a request for a recorded vote on any amendment. The
Chairman of the Committee of the Whole may reduce to not less
than five minutes the time for voting by electronic device on
any postponed question that immediately follows another vote
by electronic device without intervening business, provided
that the time for voting by electronic device on the first in
any series of questions shall be not less than fifteen
minutes. After the reading of the final lines of the bill, a
motion that the Committee of the Whole rise and report the
bill to the House with such amendments as may have been
adopted shall, if offered by the majority leader or a
designee, have precedence over a motion to amend. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
When said resolution was considered.
After debate,
On motion of Mr. QUILLEN, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 1708]]
para.93.21 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. McCathran, one of his secretaries.
para.93.22 energy and water appropriations
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to House Resolution
483 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3816) making appropriations for energy and water development
for the fiscal year ending September 30, 1997, and for other purposes.
The SPEAKER pro tempore, Mr. HUTCHINSON, by unanimous consent,
designated Mr. OXLEY as Chairman of the Committee of the Whole; and
after some time spent therein,
The Committee rose informally to receive a message from the Senate.
The SPEAKER pro tempore, Mr. TORKILDSEN, assumed the Chair.
para.93.23 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3734. An Act to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3734) ``An Act to provide for reconciliation pursuant
to section 201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints from the
Committee on the Budget: Mr. Domenici, Mr. Nickles, Mr. Gramm, Mr. Exon,
and Mr. Hollings; from the Committee on Agriculture, Nutrition, and
Forestry: Mr. Lugar, Mr. Helms, Mr. Cochran, Mr. Santorum, Mr. Leahy,
Mr. Heflin, and Mr. Harkin; from the Committee on Finance: Mr. Roth, Mr.
Chafee, Mr. Grassley, Mr. Hatch, Mr. Simpson, Mr. Moynihan, Mr. Bradley,
Mr. Pryor, and Mr. Rockefeller; and from the Committee on Labor and
Human Resources: Mrs. Kassebaum and Mr. Dodd, to be the conferees on the
part of the Senate.
The Committee resumed its sitting; and after some further time spent
therein,
The SPEAKER pro tempore, Mr. KNOLLENBERG, assumed the Chair.
When MR. OXLEY, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.93.24 budget reconciliation
On motion of Mr. KASICH, by unanimous consent, the bill (H.R. 3734) to
provide for reconciliation pursuant to section 201(a)(1) of the
concurrent resolution on the budget for fiscal year 1997; together with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. KASICH, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
para.93.25 motion to instruct conferees--h.r. 3734
Mr. SABO moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3734, be
instructed to do everything possible within the scope of the conference
to (1) eliminate any provisions in the House and Senate bills which
shift costs to states and local governments and result in an increase in
the number of children in poverty; (2) maximize the availability of Food
Stamps and vouchers for goods and services for children to prevent any
increase in the number of children thrown into poverty while their
parents make the transition from welfare to work; (3) ensure that the
bill preserves Medicaid coverage so that the number of people without
access to health care does not increase and more children and old people
are not driven into poverty; and (4) provide that any savings that
rebound to the Federal Government as a result of this legislation be
used for deficit reduction.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion to instruct?
The SPEAKER pro tempore, Mr. KNOLLENBERG, announced that the yeas had
it.
Mr. RANGEL demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
418
<3-line {>
affirmative
Nays
0
para.93.26 [Roll No. 353]
AYES--418
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
[[Page 1709]]
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--15
Buyer
Coleman
Collins (IL)
Conyers
Davis
Ford
Gibbons
Hayes
Lantos
Lincoln
McDade
Peterson (FL)
Rose
Taylor (NC)
Young (FL)
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.93.27 appointment of conferees--h.r. 3734
Thereupon, the SPEAKER pro tempore, Mr. KNOLLENBERG, by unanimous
consent, appointed Messrs. Kasich, Archer, Goodling, Roberts, Bliley,
Shaw, Talent, Nussle, Hutchinson, McCrery, Bilirakis, Smith of Texas,
Mrs. Johnson of Connecticut, Messrs. Camp, Franks of Connecticut,
Cunningham, Castle, Goodlatte, Sabo, Gibbons, Conyers, de la Garza,
Clay, Ford, Miller of California, Waxman, Stenholm, Mrs. Kennelly,
Messrs. Levin, Tanner, Bercera, Mrs. Thurman, and Ms. Woolsey, as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.93.28 order of business--further consideration on h.r. 3814 and
amendments thereto
On motion of Mr. MYERS, by unanimous consent,
Ordered, That during further consideration of the bill (H.R. 3816)
making appropriations for energy and water development for the fiscal
year ending September 30, 1997, and for other purposes, in the Committee
of the Whole, pursuant to House Resolution 483, the remainder of the
bill be considered as read; and
Ordered further, That no amendment shall be in order except for the
following amendments which shall be considered as read and shall not be
subject to amendment or to a demand for a division of the question in
the House or in the Committee of the Whole, and shall be debatable for
the time specified, equally divided and controlled by the proponent and
a Member opposed: amendment numbered 1 by Mr. Solomon for 10 minutes;
amendment numbered 2 by Mr. Foglietta for 10 minutes; amendment numbered
3 or 4 by Mr. Obey for 40 minutes; amendment numbered 5 by Mr. Gutknecht
for 20 minutes; amendment numbered 6 by Mr. Klug for 20 minutes;
amendment numbered 7 by Mr. Klug for 20 minutes; amendment numbered 8 by
Mr. Roemer for 10 minutes; amendment numbered 9 by Mr. Roemer for 10
minutes; amendment numbered 10 by Mr. Rohrabacher for 10 minutes;
amendment numbered 11 by Mr. Traficant for 5 minutes; amendment numbered
12 by Mr. Barton of Texas for 10 minutes; amendment numbered 13 by Mr.
Bereuter for 10 minutes; amendment numbered 14 by Mr. Hilleary for 10
minutes; amendment numbered 15 and 16 by Mr. Markey for 20 minutes;
amendment numbered 17 by Mr. Petri for 20 minutes; amendment numbered 20
by Mr. Zimmer for 10 minutes; amendment by Mr. Rogers (regarding the New
Madrid Floodway) for 5 minutes; amendment by Mr. Filner (regarding the
Tijuana River Basin) for 10 minutes; amendment by either Mr. Klug or Mr.
Schaefer or Mr. Fazio (regarding Solar Energy) for 30 minutes; amendment
by Mr. Kolbe (regarding the Central Arizona Project) for 10 minutes; and
amendment by Mr. Pickett (regarding the Sandbridge beach project) for 10
minutes.
para.93.29 providing for the consideration of h.r. 2391
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-704) the resolution (H. Res. 488) providing for consideration of
the bill (H.R. 2391) to amend the Fair Labor Standards Act of 1938 to
provide compensatory time for all employees.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.93.30 security markets deregulation
On motion of Mr. BLILEY, by unanimous consent, the bill (H.R. 3005) to
amend the Federal securities laws in order to promote efficiency and
capital formation in the financial markets, and to amend the Investment
Company Act of 1940 to promote more efficient management of mutual
funds, protect investors, and provide more effective and less burdensome
regulation; together with the amendment of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. BLILEY, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. KNOLLENBERG, by unanimous
consent, appointed Messrs. Bliley, Fields of Texas, Oxley, Tauzin,
Schaefer, Deal, Frisa, White, Dingell, Markey, Boucher, Gordon, Ms.
Furse, and Mr. Klink, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate thereof.
para.93.31 energy and water appropriations
The SPEAKER pro tempore, Mr. KNOLLENBERG, pursuant to House Resolution
483 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the further consideration
of the bill (H.R. 3816) making appropriations for energy and water
development for the fiscal year ending September 30, 1997, and for other
purposes.
Mr. OXLEY, Chairman of the Committee of the Whole, resumed the chair;
and after some time spent therein,
para.93.32 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. PETRI:
Page 12, line 23, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 12, line 24, after the dollar amount, insert
``(reduced by $9,500,000)''.
It was decided in the
Yeas
221
<3-line {>
affirmative
Nays
200
para.93.33 [Roll No. 354]
AYES--221
Abercrombie
Ackerman
Andrews
Baldacci
Ballenger
Barcia
Barrett (WI)
Beilenson
Bentsen
Berman
Bilbray
Blumenauer
Blute
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunning
Buyer
Camp
Campbell
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Condit
Cooley
Costello
Coyne
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Doggett
Doyle
Duncan
Durbin
Edwards
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fields (LA)
Flake
Foglietta
Foley
Forbes
Fox
Frank (MA)
Frisa
Furse
Ganske
Gejdenson
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Gordon
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (FL)
Hefner
Heineman
Hinchey
Hobson
Holden
Horn
Houghton
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
King
Kingston
Kleczka
Klug
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manzullo
Markey
Martini
Matsui
McCarthy
McDermott
McHugh
McKinney
McNulty
Meehan
Menendez
Metcalf
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Moran
Morella
Nadler
Neal
Neumann
Ney
Obey
Olver
Ortiz
Owens
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Porter
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
[[Page 1710]]
Rivers
Roemer
Rohrabacher
Roth
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Slaughter
Smith (MI)
Smith (NJ)
Souder
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (NC)
Torkildsen
Torres
Torricelli
Towns
Upton
Velazquez
Vento
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Whitfield
Wolf
Woolsey
Wynn
Zimmer
NOES--200
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Bereuter
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Bryant (TN)
Bunn
Burr
Burton
Callahan
Calvert
Canady
Chambliss
Chapman
Chenoweth
Coburn
Collins (GA)
Collins (MI)
Combest
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
de la Garza
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Dunn
Ehrlich
Ensign
Fattah
Fawell
Fazio
Fields (TX)
Filner
Flanagan
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Gallegly
Gekas
Gonzalez
Goodling
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hansen
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hilliard
Hoekstra
Hoke
Hostettler
Hoyer
Hunter
Hutchinson
Johnson, Sam
Jones
Kennedy (RI)
Kildee
Kim
Klink
Knollenberg
Kolbe
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manton
Martinez
Mascara
McCollum
McCrery
McHale
McInnis
McIntosh
McKeon
Meek
Meyers
Millender-McDonald
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Norwood
Nussle
Oberstar
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Peterson (FL)
Pickett
Pombo
Pomeroy
Portman
Pryce
Quillen
Radanovich
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Sabo
Schaefer
Schiff
Shadegg
Sisisky
Skaggs
Skeen
Skelton
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
White
Wicker
Williams
Wilson
Wise
Young (AK)
Zeliff
NOT VOTING--12
Coleman
Collins (IL)
Conyers
Ford
Gibbons
Hayes
Jefferson
Lincoln
McDade
Rose
Yates
Young (FL)
So the amendment was agreed to.
para.93.34 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. KLUG:
Page 34, line 2, after the dollar amount, insert the
following: ``(reduced by $16,000,000)''.
Page 34, line 9, strike the colon and all that follows
through ``activities'' on line 12.
Yeas
184
It was decided in the
Nays
236
<3-line {>
negative
Answered present
1
para.93.35 [Roll No. 355]
AYES--184
Allard
Andrews
Archer
Armey
Baker (CA)
Baker (LA)
Baldacci
Barcia
Barrett (WI)
Barton
Bass
Bereuter
Bilbray
Bilirakis
Blute
Boehner
Bono
Brown (OH)
Brownback
Burr
Burton
Camp
Campbell
Canady
Castle
Chabot
Chenoweth
Christensen
Chrysler
Coble
Coburn
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
DeLauro
DeLay
Deutsch
Doggett
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
Ensign
Ewing
Fields (TX)
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Ganske
Gejdenson
Gekas
Gillmor
Goodlatte
Goss
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hinchey
Hobson
Hoekstra
Hoke
Holden
Hostettler
Hunter
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Johnston
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Kleczka
Klug
Kolbe
LaHood
Largent
LaTourette
Laughlin
Lazio
LoBiondo
Longley
Luther
Manzullo
Markey
Martini
McCarthy
McCollum
McHale
McInnis
McKeon
Meehan
Metcalf
Mica
Miller (FL)
Minge
Moorhead
Moran
Nethercutt
Neumann
Nussle
Orton
Oxley
Parker
Paxon
Peterson (MN)
Petri
Porter
Portman
Pryce
Ramstad
Reed
Regula
Riggs
Rivers
Roemer
Rohrabacher
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Sisisky
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Thomas
Thornberry
Tiahrt
Torkildsen
Torres
Upton
Walker
Weldon (FL)
Weldon (PA)
Weller
White
Wolf
Zeliff
Zimmer
NOES--236
Abercrombie
Ackerman
Bachus
Baesler
Ballenger
Barr
Barrett (NE)
Bartlett
Bateman
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Bliley
Blumenauer
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Buyer
Callahan
Calvert
Cardin
Chambliss
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Collins (MI)
Combest
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
Deal
DeFazio
Dellums
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doyle
Duncan
Durbin
Edwards
Engel
English
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Franks (CT)
Frost
Furse
Gallegly
Gephardt
Geren
Gilchrest
Gilman
Gonzalez
Goodling
Gordon
Graham
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hansen
Harman
Hastings (FL)
Hefner
Heineman
Hilleary
Hilliard
Horn
Houghton
Hoyer
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kelly
Kildee
Kim
Kingston
Klink
Knollenberg
LaFalce
Lantos
Latham
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lofgren
Lowey
Lucas
Maloney
Manton
Martinez
Mascara
Matsui
McCrery
McDermott
McHugh
McIntosh
McKinney
McNulty
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Mollohan
Montgomery
Morella
Murtha
Myers
Myrick
Nadler
Neal
Ney
Norwood
Oberstar
Obey
Olver
Ortiz
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pombo
Pomeroy
Poshard
Quillen
Quinn
Radanovich
Rahall
Rangel
Richardson
Roberts
Rogers
Ros-Lehtinen
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Scott
Serrano
Shuster
Skaggs
Skeen
Skelton
Slaughter
Spence
Spratt
Stark
Stokes
Studds
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Young (AK)
ANSWERED ``PRESENT''--1
Kaptur
NOT VOTING--12
Coleman
Collins (IL)
Conyers
Ford
Gibbons
Hayes
Jefferson
Lincoln
McDade
Rose
Yates
Young (FL)
So the amendment was not agreed to.
para.93.36 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. ROHRABACHER:
Page 17, line 21, after the dollar amount, insert the
following. ``(reduced by $1,000)''.
Page 17, line 23, after the dollar amount, insert the
following: ``(reduced by $5,200,000)''.
Yeas
90
It was decided in the
Nays
331
<3-line {>
negative
Answered present
1
para.93.37 [Roll No. 356]
AYES--90
Archer
Armey
Bartlett
Barton
Bilbray
Bono
Burton
Calvert
Campbell
Castle
Chabot
Chenoweth
Chrysler
Coble
Coburn
Cooley
Cox
Crane
[[Page 1711]]
Crapo
Cremeans
Diaz-Balart
Dornan
Dreier
Duncan
Ehlers
English
Ensign
Flanagan
Foley
Forbes
Fox
Funderburk
Ganske
Gekas
Gillmor
Goodling
Goss
Greene (UT)
Greenwood
Gutknecht
Hancock
Heineman
Herger
Hilleary
Hoke
Horn
Inglis
Jones
Kasich
Kelly
Kildee
Kim
Klug
Largent
Linder
McCollum
McIntosh
McKeon
Meehan
Metcalf
Mica
Myers
Myrick
Nadler
Neumann
Ney
Parker
Paxon
Petri
Pryce
Quillen
Radanovich
Rohrabacher
Royce
Sanford
Scarborough
Schiff
Seastrand
Sensenbrenner
Shadegg
Souder
Stearns
Stockman
Taylor (NC)
Thomas
Tiahrt
Walker
Wamp
Weldon (FL)
Weller
NOES--331
Abercrombie
Ackerman
Allard
Andrews
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Buyer
Callahan
Camp
Canady
Cardin
Chambliss
Chapman
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Collins (MI)
Combest
Condit
Costello
Coyne
Cramer
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dunn
Durbin
Edwards
Ehrlich
Engel
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Gordon
Graham
Green (TX)
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDermott
McHale
McHugh
McInnis
McKinney
McNulty
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Neal
Nethercutt
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--11
Coleman
Collins (IL)
Conyers
Ford
Gibbons
Hayes
Lincoln
McDade
Rose
Yates
Young (FL)
So the amendment was not agreed to.
After some further time,
THURSDAY, JULY 25 (LEGISLATIVE DAY OF JULY 24), 1996
The SPEAKER pro tempore, Mr. RIGGS, assumed the Chair.
When Mr. OXLEY, Chairman, reported that the Committee, having had
under consideration said bill, had come to no resolution thereon.
para.93.38 message from the president--u.s. participation in u.n.
The SPEAKER pro tempore, Mr. RIGGS, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit herewith a report of the activities of the
United States Government in the United Nations and its affiliated
agencies during calendar year 1995. The report is required by the United
Nations Participation Act (Public Law 264, 79th Congress; 22 U.S.C.
287b).
William J. Clinton.
The White House, July 24, 1996.
The message, together with the accompanying papers, was referred to
the Committee on International Relations.
para.93.39 u.s. naval academy board of visitors
The SPEAKER pro tempore, Mr. RIGGS, by unanimous consent, announced
that pursuant to the provisions of section 6968(a) of title 10, United
States Code, the Speaker appointed as a member of the Board of Visitors
to the United States Naval Academy, Mr. McHale, to fill the existing
vacancy thereon.
para.93.40 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on the following date present to the President, for his
approval, bills of the House of the following titles:
On July 23, 1996:
H.R. 497. An Act to create the National Gambling Impact and
Policy Commission.
H.R. 3161. An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Romania.
para.93.41 leave of absence
By unanimous consent, leave of absence was granted to Mr. YATES, for
today after 7:00 p.m.
And then,
para.93.42 adjournment
On motion of Mr. MYERS, at 12 o'clock and 8 minutes a.m., Thursday,
July 25 (legislative day of July 24), 1996, the House adjourned.
para.93.43 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SMITH of Texas: Committee on the Judiciary. H.R. 3680.
A bill to amend title 18, United States Code, to carry out
the international obligations of the United States under the
Geneva Conventions to provide criminal penalties for certain
war crimes (Rept. No. 104-698). Referred to the Committee of
the Whole House on the State of the Union.
Mr. CANADY: Committee on the Judiciary. H.R. 3435. A bill
to make technical amendments to the Lobbying Disclosure Act
of 1995; with an amendment (Rept. No. 104-699). Referred to
the Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3287. A
bill to direct the Secretary of the Interior to convey the
Crawford National Fish Hatchery to the city of Crawford, NE;
with an amendment (Rept. No. 104-700). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3546. A
bill to direct the Secretary of the Interior to convey the
Walhalla National Fish Hatchery to the State of South
Carolina; with an amendment (Rept. No. 104-701). Referred to
the Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3557. A
bill to direct the Secretary of the Interior to convey the
Marion National Fish Hatchery to the State of Alabama; with
an amendment (Rept. No. 104-702). Referred to the Committee
of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3660. A
bill to make amendments to the Reclamation Wastewater and
Groundwater Study and Facilities Act, and for other purposes;
with amendments (Rept. No. 104-703). Referred to the
Committee of the Whole House on the State of the Union.
Ms. GREENE of Utah: Committee on Rules. House Resolution
488. Resolution providing for consideration of the bill (H.R.
2391)
[[Page 1712]]
to amend the Fair Labor Standards Act of 1938 to provide
compensatory time for all employees (Rept. No. 104-704).
Referred to the House Calendar.
Mr. GEKAS: Committee on the Judiciary. House Joint
Resolution 166. Resolution granting the consent of Congress
to the Mutual Aid Agreement between the city of Bristol, VA,
and the city of Bristol, TN (Rept. No. 104-705). Referred to
the Committee of the Whole House on the State of the Union.
Mr. GEKAS: Committee on the Judiciary. House Joint
Resolution 113. Resolution granting the consent of Congress
to the compact to provide for joint natural resource
management and enforcement of laws and regulations pertaining
to natural resources and boating at the Jennings Randolph
Lake Project lying in Garrett County, MD, and Mineral County,
WV, entered into between the States of West Virginia and
Maryland (Rept. No. 104-706). Referred to the Committee of
the Whole House on the State of the Union.
para.93.44 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FOX (for himself, Mr. Clinger, and Mr. Mica):
H.R. 3884. A bill to amend title 39, United States Code, to
require that traditional equitable principles be applied by
the U.S. Postal Service in determining whether or not to
exercise its temporary detention authority with respect to
mail alleged to be deceptive or misleading; to the Committee
on Government Reform and Oversight.
By Mrs. MALONEY (for herself, Mr. Horn, and Mr. Tate):
H.R. 3885. A bill to amend section 552 of title 5, United
States Code, commonly known as the Freedom of Information
Act, to provide for greater efficiency in providing public
access to information and to provide for public access to
information in an electronic format; to the Committee on
Government Reform and Oversight.
By Mr. DOOLITTLE:
H.R. 3886. A bill to clarify the intent of the Congress in
Public Law 93-632 to require the Secretary of Agriculture to
continue to provide for the maintenance of 18 concrete dams
and weirs that were located in the Emigrant Wilderness at the
time the wilderness area was designated as wilderness in that
Public Law; to the Committee on Resources.
By Mr. GEJDENSON:
H.R. 3887. A bill to repeal the provision of chapter 83 of
title 5, United States Code, under which certain Members of
Congress are eligible for immediate retirement after serving
in nine Congresses; to the Committee on House Oversight, and
in addition to the Committee on Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. RICHARDSON:
H.R. 3888. A bill to amend the Housing and Community
Development Act of 1974 to allow small communities to use
limited space in public facilities acquired, constructed, or
rehabilitated using community development block grant funds
for local government offices; to the Committee on Banking and
Financial Services.
By Mr. RIGGS:
H.R. 3889. A bill to amend the Internal Revenue Code of
1986 to reduce the taxes on wine to their pre-1991 rates; to
the Committee on Ways and Means
By Mr. SCARBOROUGH (for himself, Mr. Solomon, Mr.
Porter, Ms Pelosi, Mr. Cunningham, and Mr. Lipinski:
H.R. 3890. A bill to provide for the withdrawal of most
favored nation status from Iran, Iraq, Libya, and Syria, and
to provide for the restoration of such status with respect to
Syria if the President determines that Syria is participating
in the Middle East peace process in good faith; to the
Committee on Ways and Means.
By Mr. SCHUMER:
H.R. 3891. A bill to amend the Commodity Exchange Act to
provide for the regulation of contracts for the purchase or
sale of a commodity for future delivery, which are made on or
subject to the rules of a board of trade, exchange, or market
located outside the United States, when the commodity is
deliverable in the United States; to the Committee on
Agriculture.
By Mr. TORKILDSEN:
H.R. 3892. A bill to clarify treatment of certain claims
and defenses against an insured depository institution under
receivership by the Federal Deposit Insurance Corporation,
and for other purposes; to the Committee on Banking and
Financial Services.
By Mr. TOWNS:
H.R. 3893. A bill to amend the Solid Waste Disposal Act to
prohibit the international export and import of certain solid
waste; to the Committee on Commerce.
By Mr. SANDERS (for himself and Mrs. Morella)
H. Con. Res. 199. Concurrent resolution expressing the
sense of the Congress that a national summit of sports,
political, and community leaders should be promptly convened
to develop a multifaceted action plan to promote citizenship
through sports, emphasizing the aspects of sports culture
that promote self-respect and respect for others, and that
deter acts of violence, including domestic violence and
sexual assault; to the Committee on Economic and Educational
Opportunities.
By Mr. SCARBOROUGH:
H. Con. Res. 200. Concurrent resolution expressing the
sense of the Congress regarding the bombing in Dhahran, Saudi
Arabia; to the Committee on National Security.
para.93.45 private bills and resolutions
Under clause 1 of rule XXII,
Mr. BILIRAKIS introduced a bill (H.R. 3894) for the relief
of Margarito Domantay; which was referred to the Committee on
the Judiciary.
para.93.46 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Spence.
H.R. 1462: Mr. Chambliss, Mr. McKeon, Mr. de la Garza, Mr.
Green of Texas, Mr. Rose, Mr. Skaggs, and Mr. Jefferson.
H.R. 1797: Mr. Ackerman and Mr. Watt of North Carolina.
H.R. 1846: Mr. Horn and Mr. Sanders.
H.R. 2019: Mr. Montgomery.
H.R. 2152: Mr. Chrysler.
H.R. 2320: Mr. Buyer.
H.R. 2416: Mr. Jackson.
H.R. 2462: Mrs. Kelly.
H.R. 2470: Mr. Bartlett of Maryland, Mr. Hayes, and Mr.
Wamp.
H.R. 2625: Mr. Pallone.
H.R. 2716: Mr. Gutierrez.
H.R. 2976: Mr. Gejdenson, Mr. Lantos, Mr. Stockman, Mr.
Thornberry, and Mr. Visclosky.
H.R. 3006: Ms. Roybal-Allard.
H.R. 3102: Mr. LaFalce.
H.R. 3142: Mr. Costello, Ms. Rivers, and Mr. Coleman.
H.R. 3192: Mr. Sanders.
H.R. 3202: Mr. Blumenauer and Mr. Watt of North Carolina.
H.R. 3207: Mr. Olver.
H.R. 3340: Mr. Evans, Mrs. Thurman, Mr. Skeen, Mr. Dooley,
and Mr. Baker of Louisiana.
H.R. 3447: Mr. Sanford.
H.R. 3514: Mr. Packard, Mr. Calvert, Mr. Stearns, Mr.
Hayworth, Mr. Bunning of Kentucky, and Mr. Thornberry.
H.R. 3621: Ms. Slaughter, Mr. Schumer, and Mr. Fattah.
H.R. 3647: Mr. Deutsch.
H.R. 3677: Mrs. Kennelly.
H.R. 3700: Mr. Zimmer and Ms. Woolsey.
H.R. 3710: Mr. Bevill, Mr. Archer, Mr. Pickett, Mr. Watt of
North Carolina, and Mr. Pastor.
H.R. 3729: Mr. Browder and Mr. Torres.
H.R. 3733: Mr. Baldacci.
H.R. 3735: Mr. Ehlers.
H.R. 3738: Mr. Ehlers.
H.R. 3745: Mr. Hayworth, Mr. Hamilton, and Mr. Crane.
H.R. 3748: Mr. Evans.
H.R. 3779: Mr. Green of Texas.
H.R. 3783: Mr. Ehlers, Mr. Brown of California, Mr. Crapo,
Mr. Burton of Indiana, and Mr. Metcalf.
H.R. 3797: Mr. Ballenger.
H.R. 3807: Mr. Filner, Mr. Frank of Massachusetts, and Mr.
Evans.
H.R. 3831: Mr. Borski.
H.R. 3849: Mrs. Kelly.
H.R. 3862: Mr. Largent, Mr. Kolbe, Mr. Bonilla, Mr. Hayes,
and Mr. Bono.
H.R. 3867: Mr. Klug, Mr. Markey, Mr. Gordon, and Ms. Furse.
H. Con. Res. 63: Mr. Ehrlich and Mr. Hutchinson.
H. Con. Res. 175: Mr. LaTourette.
H. Con. Res. 179: Mr. Brown of California and Mr.
Rohrabacher.
H. Con. Res. 190: Ms. Slaughter, Ms. DeLauro, Mr. Gene
Green of Texas, and Mr. Menendez.
H. Res. 452: Mr. Hall of Texas.
.
THURSDAY, JULY 25, 1996 (94)
para.94.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mrs. MYRICK,
who laid before the House the following communication:
Washington, DC,
July 25, 1996.
I hereby designate the Honorable Sue Myrick to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.94.2 approval of the journal
The SPEAKER pro tempore, Mrs. MYRICK, announced she had examined and
approved the Journal of the proceedings of Wednesday, July 24, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.94.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4316. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Oranges, Grapefruit, Tangerines, and Tangelos Grown in
Florida; Assessment Rate [FV96-905-1 IFR] received July 24,
1996, pursuant to 5 U.S.C. 801(A)(1)(A); to the Committee on
Agriculture.
4317. A letter from the Congressional Review Coordinator,
Animal and Plant Health
[[Page 1713]]
Inspection Service, transmitting the Service's final rule--
Mexican Fruit Fly Regulations; Removal of Regulated Area
[APHIS Docket No. 96-053-1] received July 24, 1996, pursuant
to 5 U.S.C. 801(A)(1)(A); to the Committee on Agriculture.
4318. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the Chief Financial Officers Act
Report for the Federal Deposit Insurance Corporation for
1995, pursuant to 31 U.S.C. 9106; to the Committee on
Government Reform and Oversight.
4319. A letter from the Chairman, Merit Systems Protection
Board, transmitting a copy of a statistical report on the
U.S. Merit Systems Protection Board's [MSPB] cases decided in
fiscal year 1995, pursuant to 5 U.S.C. 1204(A)(3); to the
Committee on Government Reform and Oversight.
4320. A letter from the Director, Office of Personnel
Management, transmitting OPM's fiscal year 1995 annual report
to Congress on the Federal Equal Opportunity Recruitment
Program [FEORP], pursuant to 5 U.S.C. 7201(e); to the
Committee on Government Reform and Oversight.
4321. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Funding of
Administrative Law Judge Examination (RIN: 3206-AH31)
received July 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Government Reform and Oversight.
4322. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
final rule--VISAS: Passports and Visas Not Required for
Certain Nonimmigrants (Bureau of Consular Affairs) [Public
Notice 2415] received July 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
4323. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Department's final
rule--Adding Australia to the List of Countries Authorized to
Participate in the Visa Waiver Pilot Program [INS No. 1782-
96] (RIN: 1115-AB93) received July 24, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
4324. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Operational Measures to Reduce Oil Spills From Existing Tank
Vessels Without Double Hulls (U.S. Coast Guard) [CGD 91-045]
(RIN: 2115-AE01) received July 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4325. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Procedures for Transportation Workplace Drug and Alcohol
Testing: Insufficient Specimens and Other Clarifications
[Docket OST-95-321] (RIN: 2105-AC22) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4326. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulated Navigation Area: Boston Harbor, Spectacle Island
(U.S. Coast Guard) [CGD01-96-042] (RIN: 2115-AE84) received
July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4327. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulated Navigation Area: Ohio River Mile 461.0 to Mile
462.0 (U.S. Coast Guard) [CGD02-96-007] (RIN: 2115-AE84)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4328. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zones, Security Zones, and Special Local Regulations
(U.S. Coast Guard) [CGD 96-036] received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4329. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Sail Boat Regatta, Upper Illinois
River Mile 162.5, Peoria, IL (U.S. Coast Guard) [CGD02-96-
005] (RIN: 2115-AE46) received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4330. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Cityfair Powerboat Superleague
Races Ohio River Mile 603.5-604.5, Louisville, KY (U.S. Coast
Guard) [CGD02-96-009] (RIN: 2115-AE46) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4331. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Thunderfeet, Upper Mississippi
River Mile 583.0-579.3, Dubuque, IA (U.S. Coast Guard)
(CGD02-96-011] (RIN: 2115-AE46) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4332. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Wonder Lake Ski Show Team,
Illinois River Mile 179.5-180.5, Chillicohe, IL (U.S. Coast
Guard) [CGD02-96-012] (RIN: 2115-AE46) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4333. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Oquawka Shootout, Upper
Mississippi River Mile 415.5-416.0, Oquawka, IL (U.S. Coast
Guard) [CGD02-96-013] (RIN: 2115-AE46) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4334. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Waterfest Weekend, Missouri River
Mile 737.0-733.0, South Sioux City, NE (U.S. Coast Guard)
[CGD02-96-014] (RIN 2115-AE46) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4335. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Great Tennessee River Race and
Jam, Tennessee River Mile 463.5-464.5, Chattanooga, TN (U.S.
Coast Guard) [CGD02-96-015] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4336. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations for Marine Events; Chincoteague
Power Boat Regatta, Assateague Channel, Chincoteague,
Virginia (U.S. Coast Guard) [CGD05-96-044] received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4337. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; City of Fort Lauderdale, FL
[CGD07-96-033] (RIN: 2115-AE46) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4338. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Rada Fajardo, East of Villa
marina, Fajardo, PR (U.S. Coast Guard) [CGD07-96-036] (RIN:
2115-AE46) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4339. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Key West Super Boat Race; Key
West, FL (U.S. Coast Guard) [CGD07-96-037] received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4340. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Pro-Tour El Morro Offshore Cup;
San Juan Bay and North of Old San Juan, PR (U.S. Coast Guard)
[CGD07-96-038] (RIN: 2115-AE46) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4341. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Fort Myers Beach Offshore Grand
Prix; Fort Myers Beach, FL (U.S. Coast Guard) [CGD07-96-040]
(RIN: 2115-AE46) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4342. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Riverfest, Mississippi River Mile
51.6-53.0, Cape Girardeau, MO (U.S. Coast Guard) [CGD08-96-
013] (RIN: 2115-AE46) received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4343. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; Ohio River, Mile 249.0-251.0 (U.S. Coast Guard)
[COTP Huntington 96-007] (RIN: 2115-AA97) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4344. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; San Pedro Bay, CA (U.S. Coast Guard) [COTP Los
Angeles-Long Beach, CA; 96-012] (RIN: 2115-AA97) received
July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4345. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; Port Everglades, Fort Lauderdale, FL (U.S. Coast
Guard) [COTP Miami-96-030] (RIN: 2115-AA97) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4346. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations; Delaware Bay, Delaware River, Salem
River, New Jersey (U.S. Coast Guard) [COTP Philadelphia, PA
Regulation 96-016] received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4347. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; San Diego Bay, CA (U.S. Coast Guard) [COTP San
Diego Bay; 96-004] (RIN: 2115-AA97) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee and
Transportation and Infrastructure.
4348. A letter from the General Counsel, Department of
Transportation, transmitting
[[Page 1714]]
the Department's final rule--Safety Zone; San Diego Bay, CA
(U.S. Coast Guard) [COTP San Diego Bay; 96-005] (RIN: 2115-
AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4349. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; San Diego Bay, CA (U.S. Coast Guard) [COTP San
Diego Bay; 96-006] (RIN: 2115-AA97) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4350. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; San Francisco Bay, CA (U.S. Coast Guard) [COPT
San Francisco Bay; 96-001] (RIN: 2115-AA97) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4351. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations; Savannah River; Savannah, GA (U.S.
Coast Guard) [COTP Savannah Regulation 96-029] (RIN: 2115-
AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4352. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations; Savannah River; Savannah, GA (U.S.
Coast Guard) [COTP Savannah Regulation 96-035] (RIN: 2115-
AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4353. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; Cut ``A'' Channel, Tampa, FL (U.S. Coast Guard)
[COTP Tampa 96-027] (RIN: 2115-AA97) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4354. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Washington Street Caterers/Franklin Mutual
Fireworks, Upper New York Bay, New York and New Jersey (U.S.
Coast Guard) [CGD01-96-029] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4355. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone: Vice Presidential Visit, Boston, MA (U.S.
Coast Guard) [CGD01-96-031] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4356. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone: Presidential Security Zone, New London, CT
(U.S. Coast Guard) [CGD01-96-032] (RIN: 2115-AA97) received
July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4357. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone: Presidential Arrival and Departure, Liberty
State Park, New Jersey (U.S. Coast Guard) [CGD01-96-036]
(RIN: 2115-AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4358. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone: Vice-Presidential Arrival and Departure,
Bowery Bay, Queens, New York (U.S. Coast Guard) [CGD01-96-
038] (RIN: 2115-AA97) received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4359. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone: Presidential Visit, Intrepid Sea-Air-Space
Museum, Hudson River, New York (U.S. Coast Guard) [CGD01-96-
039] (RIN: 2115-AA97) received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4360. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulation: Boston Inner Harbor, Boston, MA (U.S.
Coast Guard) [CGD1-96-040] (RIN: 2115-AA97) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4361. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulation: Nantasket Beach, Hull, MA (U.S. Coast
Guard) [CGD1-96-043] (RIN: 2115-AA97) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4362. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulation: Charles River Fireworks Display,
Boston, MA (U.S. Coast Guard) [CGD1-96-044] (RIN: 2115-AA97)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4363. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Patsy Wedding Fireworks, Southampton, NY (U.S.
Coast Guard) [CGD01-96-052] (RIN: 2115-AA97) received July 25
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4364. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Security Zone: Presidential Visit, East River, New York (U.S.
Coast Guard) [CGD01-96-060] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C 801 (a)(1)(A); to the Committee
on Transportation and Infrastructure.
4365. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: American Legion Post 83 Fireworks, Branford, CT
(U.S. Coast Guard) [CGDO1-96-061] (RIN: 2115-AA97) received
July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4366. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: 47th P.T. Barnum Festival, Bridgeport, CT (U.S.
Coast Guard) [CGDO1-96-062] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4367. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay,. Delaware River, Salem
River, New Jersey (U.S. Coast Guard) [CGD05-95-020] (RIN:
2115-AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4368. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulation: Delaware Bay, Delaware River, Salem
River, New Jersey (U.S. Coast Guard) [CGDO5-96-022] (RIN:
2115-AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4369. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River (U.S.
Coast Guard) [CGDO5-96-023] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4370. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulation: Coos Bay, North Bend, OR (U.S. Coast
Guard) [CGD13-96-017] received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4371. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River, Salem
River, New Jersey (U.S. Coast Guard) [CGD05-96-024] (RIN:
2115-AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4372. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River, Salem
River, NJ (U.S. Coast Guard) [CGD05-96-027] (RIN: 2115-AA97)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4373. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River (U.S.
Coast Guard) [CGD05-96-029] (RIN: 2115-AA97) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4374. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Great Egg Harbor, New Jersey and New
Jersey Coastline from Great Egg Harbor Inlet to Atlantic City
(U.S. Coast Guard) [COTP Philadelphia, PA Regulation--CGD05-
96-035] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4375. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River, Salem
River, New Jersey (U.S. Coast Guard) [CGD05-96-036] (RIN:
2115-AA97) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4376. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware River between the Ben
Franklin Bridge, Philadelphia, Pennsylvania and the Commodore
Barry Bridge, Chester, PA [COTP Philadelphia, PA Regulation--
CGD05-96-037] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4377. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone; Chesapeake Bay, Hampton Roads, James River, VA
(U.S. Coast Guard) [CGD05-96-039] received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4378. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Delaware Bay, Delaware River, Salem
River, New Jersey (U.S. Coast Guard) [CGD05-96-040] (RIN:
2115-AA97] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4379. A letter from the General Counsel, Department of
Transportation, transmitting
[[Page 1715]]
the Department's final rule--Safety Zone; Chesapeake Bay,
Hampton Roads, James River, VA (U.S. Coast Guard) [CGD05-96-
047] (RIN: 2115-AA97) received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4380. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Milwaukee River (U.S. Coast Guard) [CGD09-96-
004] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4381. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Cinco de Mayo Fireworks Display,
Williamette River, Portland, OR (U.S. Coast Guard) [CGD13-96-
013] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4382. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations: Portland Rose Festival Fireworks
Display, Williamette River, Portland, OR (U.S. Coast Guard)
[CGD13-96-016] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
para.94.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 1627. An Act to amend the Federal Insecticide,
Fungicide, and Rodenticide Act and the Federal Food, Drug,
and Cosmetic Act, and for other purposes.
H.R. 3235. An Act to amend the Ethics in Government Act of
1978, to extend the authorization of appropriations for the
Office of Government Ethics for 3 years, and for other
purposes.
para.94.5 committees and subcommittees to sit
On motion of Mr. HEFLEY, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Resources, the Committee on
Small Business, and the Committee on Transportation and Infrastructure.
para.94.6 energy and water appropriations
The SPEAKER pro tempore, Mrs. MYRICK, pursuant to House Resolution 483
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 3816) making appropriations for energy and water
development for the fiscal year ending September 30, 1997, and for other
purposes.
Mr. OXLEY, Chairman of the Committee of the Whole, resumed the chair.
para.94.7 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. OBEY:
On page 17, line 21, after the dollar amount insert the
following: ``(reduced by $17,000,000)''.
It was decided in the
Yeas
198
<3-line {>
negative
Nays
211
para.94.8 [Roll No. 357]
AYES--198
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Beilenson
Berman
Bilbray
Bilirakis
Bishop
Blumenauer
Boehlert
Bonior
Boucher
Brown (FL)
Brown (OH)
Brownback
Bunning
Camp
Campbell
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Coble
Coburn
Collins (MI)
Conyers
Cooley
Costello
Cummings
Cunningham
Danner
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dickey
Dixon
Doggett
Duncan
Durbin
Engel
Ensign
Eshoo
Evans
Ewing
Farr
Fields (LA)
Filner
Foley
Frank (MA)
Franks (NJ)
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Green (TX)
Gunderson
Gutknecht
Hancock
Harman
Hastings (FL)
Hefley
Hilleary
Hinchey
Hoekstra
Hoke
Horn
Hostettler
Istook
Jacobs
Jefferson
Johnson (SD)
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Kingston
Klug
Kolbe
LaHood
Lantos
Largent
LaTourette
Leach
Levin
Lewis (GA)
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Moran
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Poshard
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Schumer
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Skaggs
Slaughter
Smith (MI)
Stark
Stockman
Stokes
Studds
Stupak
Talent
Tate
Thompson
Thurman
Torkildsen
Torres
Towns
Upton
Vento
Ward
Waters
Watt (NC)
Waxman
Whitfield
Williams
Woolsey
Wynn
Yates
Zimmer
NOES--211
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bliley
Blute
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brown (CA)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Canady
Chambliss
Chapman
Chenoweth
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Combest
Condit
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Davis
de la Garza
DeLay
Dicks
Dingell
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
English
Everett
Fattah
Fawell
Fazio
Fields (TX)
Flanagan
Foglietta
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gekas
Geren
Gonzalez
Gordon
Graham
Greenwood
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Hastert
Hastings (WA)
Hayworth
Hefner
Heineman
Herger
Hilliard
Hobson
Holden
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennelly
Kim
King
Kleczka
Klink
Knollenberg
LaFalce
Latham
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meek
Meyers
Mica
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Pastor
Paxon
Pickett
Pombo
Portman
Pryce
Quillen
Quinn
Radanovich
Regula
Riggs
Roberts
Roemer
Rogers
Rush
Schaefer
Schiff
Scott
Seastrand
Shuster
Sisisky
Skeen
Skelton
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Tiahrt
Torricelli
Traficant
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Wise
Wolf
Zeliff
NOT VOTING--24
Becerra
Coleman
Collins (IL)
Crane
Diaz-Balart
Dornan
Flake
Forbes
Ford
Greene (UT)
Hayes
Lincoln
McDade
Peterson (FL)
Rose
Roth
Smith (NJ)
Tanner
Tauzin
Velazquez
Watts (OK)
Wilson
Young (AK)
Young (FL)
So the amendment was not agreed to.
para.94.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SCHAEFER:
Page 17, line 21, strike ``, to'' and insert in lieu
thereof ``(reduced by $11,930,200) (increased by
$42,103,200), to''.
It was decided in the
Yeas
279
<3-line {>
affirmative
Nays
135
para.94.10 [Roll No. 358]
AYES--279
Abercrombie
Ackerman
Allard
Andrews
Baker (LA)
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilirakis
Bishop
Bliley
Blumenauer
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Buyer
Calvert
Camp
Campbell
Canady
Cardin
[[Page 1716]]
Castle
Chabot
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Collins (MI)
Condit
Conyers
Cooley
Coyne
Cramer
Cummings
Cunningham
Danner
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foglietta
Foley
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Funderburk
Furse
Ganske
Gejdenson
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Green (TX)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastings (FL)
Hayworth
Hefner
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hoyer
Inglis
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
LaFalce
Lantos
Latham
Lazio
Leach
Levin
Lewis (GA)
Linder
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Montgomery
Moran
Morella
Nadler
Neal
Nethercutt
Neumann
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pombo
Pomeroy
Porter
Portman
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Roukema
Roybal-Allard
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skeen
Slaughter
Smith (WA)
Spratt
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Williams
Wise
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NOES--135
Archer
Armey
Bachus
Baesler
Baker (CA)
Ballenger
Barr
Barton
Bass
Bateman
Bevill
Bilbray
Blute
Boehner
Bryant (TN)
Bunning
Burr
Burton
Callahan
Chapman
Chenoweth
Coble
Coburn
Collins (GA)
Combest
Costello
Cox
Crapo
Cremeans
Cubin
Davis
de la Garza
DeLay
Diaz-Balart
Doolittle
Dreier
Duncan
Durbin
Everett
Filner
Fowler
Frelinghuysen
Frisa
Gallegly
Gekas
Gibbons
Goodlatte
Goss
Graham
Greene (UT)
Gunderson
Gutierrez
Hancock
Hastert
Hastings (WA)
Hefley
Heineman
Herger
Hilleary
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Johnson, Sam
King
Knollenberg
Kolbe
LaHood
Largent
LaTourette
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Lipinski
Livingston
Lucas
Manzullo
McCollum
McCrery
McIntosh
Menendez
Mica
Miller (FL)
Mollohan
Moorhead
Murtha
Myers
Myrick
Ney
Norwood
Ortiz
Packard
Parker
Paxon
Petri
Pickett
Poshard
Quillen
Radanovich
Rogers
Rohrabacher
Ros-Lehtinen
Royce
Rush
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skelton
Smith (MI)
Smith (TX)
Solomon
Souder
Spence
Stark
Stockman
Talent
Tate
Taylor (NC)
Thornberry
Vucanovich
Walker
Wamp
Weller
White
Whitfield
Wicker
Wolf
Zeliff
NOT VOTING--19
Coleman
Collins (IL)
Crane
Dornan
Flake
Forbes
Ford
Hayes
Lincoln
McDade
Peterson (FL)
Rose
Roth
Smith (NJ)
Tanner
Tauzin
Velazquez
Wilson
Young (FL)
So the amendment was agreed to.
para.94.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. MARKEY:
Page 17, line 21, insert ``(reduced by $5,000,000)'' after
``$2,648,000,000''.
Page 22, line 22, insert ``(reduced by $15,000,000)'' after
``$5,409,310,000''.
It was decided in the
Yeas
138
<3-line {>
negative
Nays
278
para.94.12 [Roll No. 359]
AYES--138
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Bass
Becerra
Beilenson
Bilbray
Blumenauer
Blute
Boehlert
Bonior
Borski
Browder
Brown (OH)
Bryant (TX)
Cardin
Chabot
Chrysler
Clay
Clayton
Clyburn
Conyers
Coyne
Cramer
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Doggett
Doyle
Engel
Eshoo
Evans
Fattah
Filner
Foley
Frank (MA)
Franks (CT)
Franks (NJ)
Furse
Ganske
Gejdenson
Gephardt
Gibbons
Gordon
Goss
Hall (OH)
Hastings (FL)
Hefner
Hilleary
Hinchey
Horn
Hoyer
Jefferson
Johnson (SD)
Johnston
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kingston
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
LoBiondo
Lofgren
Longley
Lowey
Luther
Markey
Martinez
Mascara
McDermott
McHale
McKinney
McNulty
Meehan
Menendez
Metcalf
Miller (CA)
Minge
Mink
Moakley
Moran
Morella
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (MN)
Pomeroy
Rahall
Ramstad
Rangel
Reed
Richardson
Roybal-Allard
Sabo
Sanders
Sanford
Saxton
Scarborough
Schroeder
Schumer
Shays
Slaughter
Spratt
Stark
Stokes
Studds
Torkildsen
Torres
Vento
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Zimmer
NOES--278
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bentsen
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chapman
Chenoweth
Christensen
Clement
Clinger
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foglietta
Fowler
Fox
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilliard
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kelly
Kim
King
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Lucas
Maloney
Manton
Manzullo
Martini
Matsui
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meek
Meyers
Mica
Millender-McDonald
Miller (FL)
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nadler
Nethercutt
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Rush
Salmon
Sawyer
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torricelli
Towns
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Wynn
Yates
Young (AK)
Zeliff
[[Page 1717]]
NOT VOTING--17
Coleman
Collins (IL)
Dornan
Flake
Forbes
Ford
Hayes
Lincoln
McDade
Peterson (FL)
Rose
Roth
Smith (NJ)
Tanner
Tauzin
Velazquez
Young (FL)
So the amendments en bloc were not agreed to.
The SPEAKER pro tempore, Mr. UPTON, assumed the Chair.
When Mr. OXLEY, Chairman, pursuant to House Resolution 483, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 36, after line 10, insert the following new sections:
Sec. 506. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this Act may be
provided by contract or by grant (including a grant of funds
to be available for student aid) to an institution of higher
education when it is made known to the Federal official
having authority to obligate or expend such funds that the
institution (or any subelement thereof) has a policy or
practice (regardless of when implemented) that prohibits, or
in effect prevents--
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the institution (or subelement);
or
(2) a student at the institution (or subelement) from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 507. (a) Denial of Funds for Preventing Federal
Military Recruiting on Campus.--None of the funds made
available in this Act may be provided by contract or grant
(including a grant of funds to be available for student aid)
to any institution of higher education when it is made known
to the Federal official having authority to obligate or
expend such funds that the institution (or any subelement
thereof) has a policy or practice (regardless of when
implemented) that prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to
student (who are 17 years of age or older) for purposes of
Federal military recruiting: student names, addresses,
telephone listings, dates and places of birth, levels of
education, degrees received, prior military experience, and
the most recent previous educational institutions enrolled in
by the students.
(b) Exceptions.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 508. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If its has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Page 20, line 18, insert ``(reduced by $1,000,000)'' after
``$195,000,000''.
Page 21, line 21, insert ``(increased by $1,000,000)''
after ``$24,000,000''.
Page 17, line 21, strike ``$2,648,000,000'' and insert in
lieu thereof ``$2,638,400,000''.
On page 12, line 23 strike ``$398,069,000'' and insert
``$377,496,000'', and on page 13, line 1 strike
``$71,728,000'' and insert ``$51,155,000''.
Page 12, line 23, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 12, line 24, after the dollar amount, insert
``(reduced by $9,500,000)''.
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. 506. None of the funds made available in this Act may
be used to revise the Missouri River Master Water Control
Manual when it is made known to the Federal entity or
official to which the funds are made available that such
revision provides for an increase in the springtime water
release program during the spring heavy rainfall and snow
melt period in States that have rivers draining into the
Missouri River below the Gavins Point Dam.
Page 12, line 23, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 12, line 24, after the dollar amount, insert
``(reduced by $9,500,000)''.
At the appropriate place in the bill, insert the following:
Sec. . None of the funds made available to the Tennessee
Valley Authority by this Act may be appropriated when it is
made known to the Federal official having authority to
obligate or expend such funds that the Tennessee Valley
Authority is imposing a performance deposit on persons
constructing docks or making other residential shoreline
alterations.
Page 17, line 21, strike ``, to'' and insert in lieu
thereof ``(reduced by $11,930,200) (increased by
$42,103,200), to''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. UPTON, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
391
<3-line {>
affirmative
Nays
23
para.94.13 [Roll No. 360]
YEAS--391
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Meyers
Mica
[[Page 1718]]
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Regula
Richardson
Riggs
Rivers
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--23
Barrett (WI)
Danner
Davis
Ensign
Hancock
Jacobs
Johnson, Sam
Johnston
Klug
Meehan
Morella
Neumann
Obey
Petri
Ramstad
Reed
Roemer
Royce
Schroeder
Sensenbrenner
Slaughter
Smith (MI)
Stockman
NOT VOTING--19
Becerra
Coleman
Collins (IL)
Conyers
Dornan
Flake
Forbes
Ford
Hayes
Hinchey
Lincoln
McDade
Peterson (FL)
Roberts
Rose
Roth
Smith (NJ)
Tanner
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.94.14 submission of conference report--h.r. 1617
Mr. GOODLING submitted a conference report (Rept. No. 104-704) on the
bill (H.R. 1617) to consolidate and reform workforce development and
literacy programs, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.94.15 providing for the consideration of h.r. 3820
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 481):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3820) to amend the Federal Election Campaign
Act of 1971 to reform the financing of Federal election
campaigns, and for other purposes. The first reading of the
bill shall be dispensed with. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on House Oversight. After general
debate the bill shall be considered for amendment under the
five-minute rule and shall be considered as read. No
amendment shall be in order except an amendment in the nature
of a substitute consisting of the text of H.R. 3505, modified
by the amendment printed in the report of the Committee on
Rules accompanying this resolution. That amendment may be
offered only by the minority leader or his designee, shall be
considered as read, shall be debatable for one hour equally
divided and controlled by the proponent and an opponent, and
shall not be subject to amendment. All points of order
against that amendment are waived. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendment as
may have been adopted. The previous question shall be
considered as ordered on the bill and any amendment thereto
to final passage without intervening motion except one motion
to recommit with or without instructions.
When said resolution was considered.
After debate,
Mr. SOLOMON submitted the following amendment:
Page 2, line 8, strike ``No'' and insert the following:
``The amendment numbered 1 printed in the portion of the
Congressional Record designated for that purpose in clause 6
of rule XXIII on Wednesday, July 24, 1996, by Representative
Thomas of California shall be considered as adopted in the
House and in the Committee of the Whole. No other''.
After further debate,
Mr. SOLOMON, moved the previous question on the amendment and
resolution
The question being put, viva voce,
Will the House now order the previous question on the amendment and
resolution?
The SPEAKER pro tempore, Mr. UPTON, announced that the yeas had it.
Mr. FROST objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
221
When there appeared
<3-line {>
Nays
193
para.94.16 [Roll No. 361]
YEAS--221
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--193
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bilbray
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
[[Page 1719]]
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roberts
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (WA)
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Coleman
Collins (IL)
Flake
Forbes
Ford
Hastings (FL)
Hayes
Kaptur
Kasich
Lincoln
Markey
McDade
Pelosi
Peterson (FL)
Rose
Roth
Smith (NJ)
Tanner
Young (FL)
So the previous question on the amendment and resolution was ordered.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Mr. UPTON, announced that the yeas had it.
So, the amendment was agreed to.
The question being put, viva voce,
Will the House agree to said resolution, as amended?
The SPEAKER pro tempore, Mr. UPTON, announced that the yeas had it.
Mr. HOKE demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
270
<3-line {>
affirmative
Nays
140
para.94.17 [Roll No. 362]
YEAS--270
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Becerra
Berman
Bevill
Bilirakis
Bishop
Bliley
Blumenauer
Boehner
Bonior
Borski
Brown (CA)
Brown (FL)
Bryant (TN)
Bunning
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chenoweth
Christensen
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cramer
Crapo
Cremeans
Cubin
Cummings
Danner
de la Garza
Deal
DeLauro
DeLay
Dicks
Dooley
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Foglietta
Fowler
Frank (MA)
Franks (CT)
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gonzalez
Goodlatte
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lofgren
Lowey
Lucas
Maloney
Manzullo
Mascara
Matsui
McCarthy
McCrery
McDermott
McHugh
McInnis
McIntosh
McKeon
McKinney
Meek
Menendez
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Olver
Ortiz
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Petri
Pombo
Pomeroy
Porter
Pryce
Radanovich
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Rohrabacher
Royce
Rush
Sabo
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Slaughter
Smith (MI)
Smith (TX)
Solomon
Souder
Spence
Spratt
Stark
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Torres
Towns
Upton
Vucanovich
Walker
Wamp
Ward
Watts (OK)
Waxman
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wise
Woolsey
Yates
Zeliff
NAYS--140
Andrews
Baesler
Baldacci
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bilbray
Blute
Boehlert
Bonilla
Boucher
Brewster
Browder
Brown (OH)
Brownback
Bunn
Burton
Chabot
Chapman
Clay
Clyburn
Collins (MI)
Condit
Conyers
Costello
Coyne
Crane
Cunningham
Davis
DeFazio
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Doolittle
English
Ensign
Eshoo
Filner
Flanagan
Foley
Fox
Franks (NJ)
Frelinghuysen
Frisa
Geren
Gibbons
Gillmor
Gilman
Goodling
Graham
Hall (TX)
Hansen
Hefner
Hilliard
Hoke
Holden
Horn
Inglis
Jackson (IL)
Jacobs
Johnson, Sam
Kanjorski
Kaptur
King
Klink
Klug
LaFalce
Lantos
Leach
Lewis (CA)
Lipinski
Livingston
LoBiondo
Longley
Luther
Manton
Martinez
Martini
McCollum
McHale
McNulty
Meehan
Metcalf
Miller (CA)
Mink
Mollohan
Murtha
Myers
Neal
Obey
Orton
Packard
Payne (NJ)
Peterson (MN)
Pickett
Portman
Poshard
Quillen
Quinn
Rahall
Ramstad
Rangel
Roberts
Ros-Lehtinen
Roukema
Roybal-Allard
Sanders
Sanford
Schroeder
Schumer
Serrano
Shays
Skeen
Skelton
Smith (WA)
Stearns
Stenholm
Thompson
Tiahrt
Torkildsen
Traficant
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt (NC)
Weldon (FL)
White
Wilson
Wolf
Wynn
Young (AK)
Zimmer
NOT VOTING--23
Bono
Bryant (TX)
Chrysler
Coleman
Collins (IL)
Cox
Dornan
Forbes
Ford
Hastings (FL)
Hayes
Kasich
Lincoln
Markey
McDade
Peterson (FL)
Rose
Roth
Smith (NJ)
Tanner
Torricelli
Walsh
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.94.18 campaign finance reform
The SPEAKER pro tempore, Mr. UPTON, pursuant to House Resolution 481
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3820) to amend the Federal Election Campaign Act of 1971 to reform
the financing of Federal election campaigns, and for other purposes.
The SPEAKER pro tempore, Mr. UPTON, by unanimous consent, designated
Mr. INGLIS as Chairman of the Committee of the Whole; and after some
time spent therein,
para.94.19 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment in the nature of a substitute
submitted by Mr. FAZIO:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Political Reform Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CONGRESSIONAL CAMPAIGN SPENDING LIMITS AND BENEFITS
Subtitle A--Election Campaign Spending Limits and Benefits
Sec. 101. Spending limits and benefits.
Subtitle B--Limitations on Contributions to House of Representatives
Candidates
Sec. 121. Limitations on political committees.
Sec. 122. Limitations on political committee and large donor
contributions that may be accepted by House of
Representatives candidates.
Subtitle C--Related Provisions
Sec. 131. Reporting requirements.
Sec. 132. Registration as eligible House of Representatives candidate.
Sec. 133. Definitions.
Subtitle D--Tax on Excess Political Expenditures of Certain
Congressional Campaign Funds
Sec. 141. Tax treatment of certain campaign funds.
TITLE II--INDEPENDENT EXPENDITURES
Sec. 201. Clarification of definitions relating to independent
expenditures.
Sec. 202. Reporting requirements for certain independent expenditures.
[[Page 1720]]
TITLE III--CONTRIBUTIONS AND EXPENDITURES BY POLITICAL PARTY COMMITTEES
Sec. 301. Definitions.
Sec. 302. Contributions to political party committees.
Sec. 303. Increase in the amount that multicandidate political
committees may contribute to national political party
committees.
Sec. 304. Merchandising and affinity cards.
Sec. 305. Provisions relating to national, State, and local party
committees.
Sec. 306. Restrictions on fundraising by candidates and officeholders.
Sec. 307. Reporting requirements.
TITLE IV--CONTRIBUTIONS
Sec. 401. Restrictions on bundling.
Sec. 402. Contributions by dependents not of voting age.
Sec. 403. Prohibition of acceptance by a candidate of cash
contributions from any one person aggregating more than
$100.
Sec. 404. Contributions to candidates from State and local committees
of political parties to be aggregated.
Sec. 405. Prohibition of false representation to solicit contributions.
Sec. 406. Limited exclusion of advances by campaign workers from the
definition of the term ``contribution''.
Sec. 407. Amendment to section 316 of the Federal Election Campaign Act
of 1971.
Sec. 408. Prohibition of certain election-related activities of foreign
nationals.
TITLE V--REPORTING REQUIREMENTS
Sec. 501. Change in certain reporting from a calendar year basis to an
election cycle basis.
Sec. 502. Disclosure of personal and consulting services.
Sec. 503. Political committees other than candidate committees.
Sec. 504. Use of candidates' names.
Sec. 505. Reporting requirements.
Sec. 506. Simultaneous registration of candidate and candidate's
principal campaign committee.
Sec. 507. Reporting on general campaign activities of persons other
than political parties.
TITLE VI--BROADCAST RATES AND CAMPAIGN ADVERTISING
Sec. 601. Broadcast rates and campaign advertising.
Sec. 602. Campaign advertising amendments.
Sec. 603. Eligibility for nonprofit third class bulk rates of postage.
TITLE VII--MISCELLANEOUS
Sec. 701. Prohibition of leadership committees.
Sec. 702. Appearance by Federal Election Commission as amici curiae.
Sec. 703. Prohibiting solicitation of contributions by members in hall
of the House of Representatives.
TITLE VIII--EFFECTIVE DATES; AUTHORIZATIONS
Sec. 801. Effective date.
Sec. 802. Severability.
Sec. 803. Expedited review of constitutional issues.
Sec. 804. Regulations.
TITLE I--CONGRESSIONAL CAMPAIGN SPENDING LIMITS AND BENEFITS
Subtitle A--Election Campaign Spending Limits and Benefits
SEC. 101. SPENDING LIMITS AND BENEFITS.
(a) In General.--The Federal Election Campaign Act of 1971
is amended by adding at the end the following new title:
``TITLE V--ELECTION SPENDING LIMITS AND BENEFITS
``TITLE V--ELECTION SPENDING LIMITS AND BENEFITS
``Subtitle A--Election Campaigns for the House of Representatives
``Sec. 501. Expenditure limitations.
``Sec. 502. Personal contribution limitations.
``Sec. 503. Definition.
``Subtitle B--Administrative Provisions
``Sec. 511. Certifications by Commission.
``Sec. 512. Examination and audits; repayments and civil penalties.
``Sec. 513. Judicial review.
``Sec. 514. Reports to Congress; certifications; regulations.
``Sec. 515. Closed captioning requirement for television commercials of
eligible candidates.
``Subtitle C--Congressional Election Campaign Fund
``Sec. 521. Establishment and operation of the Fund.
``Sec. 522. Designation of receipts to the Fund.
``Subtitle A--Election Campaigns for the House of Representatives
``SEC. 501. EXPENDITURE LIMITATIONS.
``(a) In General.--An eligible House of Representatives
candidate may not, in an election cycle, make expenditures
aggregating more than $600,000.
``(b) Runoff Election and Special Election Amounts.--
``(1) Runoff election amount.--If an eligible House of
Representatives candidate is a candidate in a runoff
election, the candidate may make additional expenditures
aggregating not more than $200,000 in the election cycle.
``(2) Special election amount.--An eligible House of
Representatives candidate who is a candidate in a special
election may make expenditures aggregating not more than
$600,000 with respect to the special election.
``(c) Closely Contested Primary.--If, as determined by the
Commission, an eligible House of Representatives candidate in
a contested primary election wins that primary election by a
margin of 20 percentage points or less, the candidate may
make additional expenditures aggregating not more than
$200,000 in the election cycle.
``(d) Exceptions to Limitations.--
``(1) Nonparticipating opponent.--The limitations imposed
by subsections (a) and (b) do not apply in the case of an
eligible House of Representatives candidate if any other
general election candidate seeking nomination or election to
that office--
``(A) is not an eligible House of Representatives
candidate; and
``(B) makes expenditures in excess of 30 percent of the
limitation under subsection (a).
``(2) Independent expenditures against eligible
candidate.--The limitations imposed by subsections (a) and
(b) do not apply in the case of an eligible House of
Representatives candidate if the total amount of independent
expenditures made during the election cycle on behalf of
candidates opposing such eligible candidate exceeds $15,000.
``(3) Continued eligibility for benefits.--An eligible
House of Representatives candidate referred to in paragraph
(1) or paragraph (2) shall continue to be eligible for all
benefits under this title.
``(e) Exemption for Legal Costs and Taxes.--
``(1) In general.--Any costs incurred by an eligible House
of Representatives candidate or his or her authorized
committee, or a Federal officeholder, for qualified legal
services, for Federal, State, or local income taxes on
earnings of a candidate's authorized committees, or to comply
with section 512 shall not be considered in the computation
of amounts subject to limitation under this section.
``(2) Qualified legal services.--For purposes of this
subsection, the term `qualified legal services' means--
``(A) any legal service performed on behalf of an
authorized committee; or
``(B) any legal service performed on behalf of a candidate
or Federal officeholder in connection with his or her duties
or activities as a candidate or Federal officeholder.
``(f) Exemption for Fundraising or Accounting Costs.--Any
costs incurred by an eligible House of Representatives
candidate or his or her authorized committee in connection
with the solicitation of contributions on behalf of such
candidate, or for accounting services to ensure compliance
with this Act, shall not be considered in the computation of
amounts subject to expenditure limitation under subsection
(a) to the extent that the aggregate of such costs does not
exceed 10 percent of the expenditure limitation under
subsection (a).
``(g) Indexing.--The dollar amounts specified in
subsections (a), (b), and (c) shall be adjusted at the
beginning of each calendar year based on the increase in the
price index determined under section 315(c), except that, for
the purposes of such adjustment, the base period shall be
calendar year 1996.
``(h) Recall Actions.--The limitations of this section do
not apply in the case of any recall action held pursuant to
State law.
``SEC. 502. PERSONAL CONTRIBUTION LIMITATIONS.
``(a) Personal Contributions.--An eligible House of
Representatives candidate may not, with respect to an
election cycle, make contributions or loans to the
candidate's own campaign totaling more than $50,000 from the
personal funds of the candidate. Contributions from the
personal funds of a candidate may not qualify for
certification for voter benefits under this title.
``(b) Limitation Exception.--The limitation imposed by
subsection (a) does not apply--
``(1) in the case of an eligible House of Representatives
candidate if any other general election candidate for that
office makes contributions or loans to the candidate's own
campaign totaling more than $50,000 from the personal funds
of the candidate; or
``(2) with respect to any contribution or loan used for
costs described in section 501 (e) or (f).
``(c) Aggregation.--For purposes of subsection (a), any
contribution or loan to a candidate's campaign by a member of
a candidate's immediate family shall be treated as made by
the candidate.
``SEC. 503. DEFINITION.
``As used in this title, the term `benefits' means, with
respect to an eligible House of Representatives candidate,
reduced charges for use of a broadcasting station under
section 315 of the Communications Act of 1934 (47 U.S.C. 315)
and eligibility for nonprofit third-class bulk rates of
postage under section 3626(e) of title 39, United States
Code.
``Subtitle B--Administrative Provisions
``SEC. 511. CERTIFICATIONS BY COMMISSION.
``(a) General Eligibility.--The Commission shall certify
whether a candidate is eligible to receive benefits under
subtitle A.
[[Page 1721]]
The initial determination shall be based on the candidate's
filings under this title. Any subsequent determination shall
be based on relevant additional information submitted in such
form and manner as the Commission may require.
``(b) Certification of Benefits.--
``(1) Deadline for response to requests.--The Commission
shall respond to a candidate's request for certification for
eligibility to receive benefits under this section not later
than 5 business days after the candidate submits the request.
``(2) Requests.--Any request for certification submitted by
a candidate shall contain--
``(A) such information and be made in accordance with such
procedures as the Commission may provide by regulation; and
``(B) a verification signed by the candidate and the
treasurer of the principal campaign committee of such
candidate stating that the information furnished in support
of the request, to the best of their knowledge, is correct
and fully satisfies the requirement of this title.
``(3) Partial certification.--If the Commission determines
that any portion of a request does not meet the requirement
for certification, the Commission shall withhold the
certification for that portion only and inform the candidate
as to how the request may be corrected.
``(4) Certification withheld.--The Commission may withhold
certification if it determines that a candidate who is
otherwise eligible has engaged in a pattern of activity
indicating that the candidate's filings under this title
cannot be relied upon.
``(c) Withdrawal of Certification.--If the Commission
determines that a candidate who is certified as an eligible
House of Representatives candidate pursuant to this section
has made expenditures in excess of any limit under subtitle A
or otherwise no longer meets the requirements for
certification under this title, the Commission shall revoke
the candidate's certification.
``SEC. 512. EXAMINATION AND AUDITS; REPAYMENTS AND CIVIL
PENALTIES.
``(a) Examinations and Audits.--
``(1) General elections.--After each general election, the
Commission shall conduct an examination and audit of the
campaign accounts of 5 percent of the eligible House of
Representatives candidates, as designated by the Commission
through the use of an appropriate statistical method of
random selection, to determine whether such candidates have
complied with the conditions of eligibility and other
requirements of this title. The Commission shall conduct an
examination and audit of the accounts of all candidates for
election to an office where any eligible candidate for the
office is selected for examination and audit.
``(2) Special election.--After each special election
involving an eligible candidate, the Commission shall conduct
an examination and audit of the campaign accounts of all
candidates in the election to determine whether the
candidates have complied with the conditions of eligibility
and other requirements of this Act.
``(3) Affirmative vote.--The Commission may conduct an
examination and audit of the campaign accounts of any
eligible House of Representatives candidate in a general
election if the Commission determines that there exists
reason to believe whether such candidate may have violated
any provision of this title.
``(b) Notification of Excess Expenditures.--If the
Commission determines that any eligible candidate who has
received benefits under this title has made expenditures in
excess of any limit under subtitle A, the Commission shall
notify the candidate.
``(c) Civil Penalties.--
``(1) Excess expenditures.--
``(A) Low amount of excess expenditures.--Any eligible
House of Representatives candidate who makes expenditures
that exceed a limitation under subtitle A by 2.5 percent or
less shall pay to the Commission an amount equal to the
amount of the excess expenditures.
``(B) Medium amount of excess expenditures.--Any eligible
House of Representatives candidate who makes expenditures
that exceed a limitation under subtitle A by more than 2.5
percent and less than 5 percent shall pay to the Commission
an amount equal to three times the amount of the excess
expenditures.
``(C) Large amount of excess expenditures.--Any eligible
House of Representatives candidate who makes expenditures
that exceed a limitation under subtitle A by 5 percent or
more shall pay to the Commission an amount equal to three
times the amount of the excess expenditures plus, if the
Commission determines such excess expenditures were knowing
and willful, a civil penalty in an amount determined by the
Commission.
``(2) Misused benefits of candidates.--If the Commission
determines that an eligible House of Representatives
candidate used any benefit received under this title in a
manner not provided for in this title, the Commission may
assess a civil penalty against such candidate in an amount
not greater than 200 percent of the amount involved.
``(d) Limit on Period for Notification.--No notification
shall be made by the Commission under this section with
respect to an election more than 3 years after the date of
such election.
``SEC. 513. JUDICIAL REVIEW.
``(a) Judicial Review.--Any agency action by the Commission
made under the provisions of this title shall be subject to
review by the United States Court of Appeals for the District
of Columbia Circuit upon petition filed in such court within
30 days after the agency action by the Commission for which
review is sought. It shall be the duty of the Court of
Appeals, ahead of all matters not filed under this title, to
advance on the docket and expeditiously take action on all
petitions filed pursuant to this title.
``(b) Application of Title 5.--The provisions of chapter 7
of title 5, United States Code, shall apply to judicial
review of any agency action by the Commission.
``(c) Agency Action.--For purposes of this section, the
term `agency action' has the meaning given such term by
section 551(13) of title 5, United States Code.
``SEC. 514. REPORTS TO CONGRESS; CERTIFICATIONS; REGULATIONS.
``(a) Reports.--The Commission shall, as soon as
practicable after each election, submit a full report to the
House of Representatives setting forth--
``(1) the expenditures (shown in such detail as the
Commission determines appropriate) made by each eligible
candidate and the authorized committees of such candidate;
``(2) the benefits certified by the Commission as available
to each eligible candidate under this title; and
``(3) the names of any candidates against whom penalties
were imposed under section 512, together with the amount of
each such penalty and the reasons for its imposition.
``(b) Determinations by Commission.--Subject to sections
512 and 513, all determinations (including certifications
under section 511) made by the Commission under this title
shall be final and conclusive.
``(c) Rules and Regulations.--The Commission is authorized
to prescribe such rules and regulations, in accordance with
the provisions of subsection (d), to conduct such audits,
examinations and investigations, and to require the keeping
and submission of such books, records, and information, as it
deems necessary to carry out the functions and duties imposed
on it by this title.
``(d) Report of Proposed Regulations.--The Commission shall
submit to the House of Representatives a report containing a
detailed explanation and justification of each rule and
regulation of the Commission under this title. No such rule,
regulation, or form may take effect until a period of 60
legislative days has elapsed after the report is received. As
used in this subsection, the terms `rule' and `regulation'
mean a provision or series of interrelated provisions stating
a single, separable rule of law.
``SEC. 515. CLOSED CAPTIONING REQUIREMENT FOR TELEVISION
COMMERCIALS OF ELIGIBLE CANDIDATES.
``No eligible House of Representatives candidate may
receive benefits under subtitle A unless such candidate has
certified that any television commercial prepared or
distributed by the candidate will be prepared in a manner
that contains, is accompanied by, or otherwise readily
permits closed captioning of the oral content of the
commercial to be broadcast by way of line 21 of the vertical
blanking interval, or by way of comparable successor
technologies.''.
Subtitle B--Limitations on Contributions to House of Representatives
Candidates
SEC. 121. LIMITATIONS ON POLITICAL COMMITTEES.
(a) Multicandidate Political Committees.--Section
315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(2)(A)) is amended by striking out ``with
respect'' and all that follows through ``$5,000,'' and
inserting in lieu thereof: ``which, in the aggregate, exceed
$5,000 with respect to an election for Federal office or
$8,000 with respect to an election cycle (not including a
runoff election);''.
(b) Candidate's Committees.--(1) Section 315(a) of such Act
(2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
``(9) For the purposes of the limitations provided by
paragraphs (1) and (2), any political committee which is
established or financed or maintained or controlled by any
candidate or Federal officeholder shall be deemed to be an
authorized committee of such candidate or officeholder.
Nothing in this paragraph shall be construed to permit the
establishment, financing, maintenance, or control of any
committee which is prohibited by paragraph (3) or (6) of
section 302(e).''
(2) Section 302(e)(3) of such Act (2 U.S.C. 432(e)(3)) is
amended to read as follows:
``(3) No political committee that supports or has supported
more than one candidate may be designated as an authorized
committee, except that--
``(A) a candidate for the office of President nominated by
a political party may designate the national committee of
such political party as the candidate's principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its functions as a
principal campaign committee; and
``(B) a candidate may designate a political committee
established solely for the purpose of joint fundraising by
such candidates as an authorized committee.''
(c) Effective Dates.--(1) Except as provided in paragraph
(2), the amendments made by this section shall apply to
elections (and the election cycles relating thereto)
occurring after December 31, 1996.
(2) In applying the amendments made by this section, there
shall not be taken into account--
(A) contributions made or received before January 1, 1997;
or
(B) contributions made to, or received by, a candidate on
or after January 1, 1997, to
[[Page 1722]]
the extent such contributions are not greater than the excess
(if any) of--
(i) such contributions received by any opponent of the
candidate before January 1, 1997, over
(ii) such contributions received by the candidate before
January 1, 1997.
SEC. 122. LIMITATIONS ON POLITICAL COMMITTEE AND LARGE DONOR
CONTRIBUTIONS THAT MAY BE ACCEPTED BY HOUSE OF
REPRESENTATIVES CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a) is amended by adding at the end the following
new subsection:
``(i) Limitations on Contributions Accepted by House of
Representatives Candidate.--
``(1) Political committees.--A candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress may not, with respect to an election cycle,
accept contributions from political committees aggregating in
excess of $200,000.
``(2) Persons other than political committees.--A candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress may not, with respect to an
election cycle, accept contributions aggregating in excess of
$200,000 from persons other than political committees whose
contributions total more than $200.
``(3) Contested primaries.--In addition to the
contributions under paragraphs (1) and (2), if a House of
Representatives candidate in a contested primary election
wins that primary election by a margin of 20 percentage
points or less, the candidate may accept contributions of--
``(A) not more than $66,600 from political committees; and
``(B) not more than $66,600 from persons referred to in
paragraph (2).
``(4) Runoff elections.--In addition to the contributions
under paragraphs (1) and (2), a House of Representatives
candidate who is a candidate in a runoff election may accept
contributions of (A) not more than $100,000 from political
committees; and (B) not more than $100,000 from persons
referred to in paragraph (2).
``(5) Exemption for certain costs.--Any amount--
``(A) accepted by a House of Representatives candidate; and
``(B) used for costs incurred under section 501 (e) and
(f),
shall not be considered in the computation of amounts subject
to limitation under this subsection.
``(6) Transfer provision.--The limitations imposed by this
subsection shall apply without regard to amounts transferred
from previous election cycles or other authorized committees
of the same candidate. Candidates shall not be required to
seek the redesignation of contributions in order to transfer
such contributions to a later election cycle.
``(7) Indexation of amounts.--The dollar amounts specified
in this subsection shall be adjusted at the beginning of each
calendar year based on the increase in the price index
determined under subsection (c), except that, for the
purposes of such adjustment, the base period shall be
calendar year 1996.''
Subtitle C--Related Provisions
SEC. 131. REPORTING REQUIREMENTS.
Title III of the Federal Election Campaign Act of 1971 is
amended by adding after section 304 the following new
section:
``reporting requirements for house candidates
``Sec. 304A. A candidate for the office of Representative
in, or Delegate or Resident Commissioner to, the Congress
who--
``(1) makes contributions in excess of $50,000 of personal
funds of the candidate to the authorized committee of the
candidate; or
``(2) makes expenditures in excess of 50 percent and 100
percent of the limitation under section 501(a);
shall report that the threshold has been reached to the
Commission not later than 48 hours after reaching the
threshold. The Commission shall transmit a copy to each other
candidate for election to the same office within 48 hours of
receipt.''
SEC. 132. REGISTRATION AS ELIGIBLE HOUSE OF REPRESENTATIVES
CANDIDATE.
Section 302(e) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(e)) is amended by adding at the end the
following new paragraphs:
``(6)(A) In the case of a candidate for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress, who desires to be an eligible House of
Representatives candidate, a declaration of participation of
the candidate to abide by the limits specified in sections
315(i), 501, and 502 and provide the information required
under section 503(b)(4) shall be included in the designation
required to be filed under paragraph (1).
``(B) A declaration of participation that is included in a
statement of candidacy may not thereafter be revoked.''
SEC. 133. DEFINITIONS.
(a) In General.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) is amended by striking
paragraph (19) and inserting the following new paragraphs:
``(19) The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the term beginning on the day
after the date of the most recent general election for the
specific office or seat which such candidate seeks and ending
on the date of the next general election for such office or
seat; or
``(B) for all other persons, the term beginning on the
first day following the date of the last general election and
ending on the date of the next general election.
``(20) The term `general election' means any election which
will directly result in the election of a person to a Federal
office.
``(21) The term `general election period' means, with
respect to any candidate, the period beginning on the day
after the date of the primary or runoff election for the
specific office the candidate is seeking, whichever is later,
and ending on the earlier of--
``(A) the date of such general election; or
``(B) the date on which the candidate withdraws from the
campaign or otherwise ceases actively to seek election.
``(22) The term `immediate family' means--
``(A) a candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(23) The term `primary election' means an election which
may result in the selection of a candidate for the ballot in
a general election for a Federal office.
``(24) The term `primary election period' means, with
respect to any candidate, the period beginning on the day
following the date of the last election for the specific
office the candidate is seeking and ending on the earlier
of--
``(A) the date of the first primary election for that
office following the last general election for that office;
or
``(B) the date on which the candidate withdraws from the
election or otherwise ceases actively to seek election.
``(25) The term `runoff election' means an election held
after a primary election which is prescribed by applicable
State law as the means for deciding which candidate will be
on the ballot in the general election for a Federal office.
``(26) The term `runoff election period' means, with
respect to any candidate, the period beginning on the day
following the date of the last primary election for the
specific office such candidate is seeking and ending on the
date of the runoff election for such office.
``(27) The term `special election' means any election
(whether primary, runoff, or general) for Federal office held
by reason of a vacancy in the office arising before the end
of the term of the office.
``(28) The term `special election period' means, with
respect to any candidate for any Federal office, the period
beginning on the date the vacancy described in paragraph (28)
occurs and ending on the earlier of--
``(A) the date the election resulting in the election of a
person to the office occurs; or
``(B) the date on which the candidate withdraws from the
campaign or otherwise ceases actively to seek election.
``(29) The term `eligible House of Representatives
candidate' means a candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress, who, as determined by the Commission under
section 511, is eligible to receive benefits under subtitle A
of title V by reason of filing a declaration of participation
under section 302(e) and complying with the continuing
eligibility requirements under section 511.''
(b) Identification.--Section 301(13)(A) of such Act (2
U.S.C. 431(13)(A)) is amended by striking ``mailing address''
and inserting ``permanent residence address''.
Subtitle D--Tax on Excess Political Expenditures of Certain
Congressional Campaign Funds
SEC. 141. TAX TREATMENT OF CERTAIN CAMPAIGN FUNDS.
(a) General Rule.--Chapter 41 of the Internal Revenue Code
of 1986 is amended by adding at the end thereof the following
new subchapter:
``Subchapter B--Excess Political Expenditures of Certain Congressional
Campaign Funds
``Sec. 4915. Tax on excess political expenditures of certain campaign
funds.
``SEC. 4915. TAX ON EXCESS POLITICAL EXPENDITURES OF CERTAIN
CAMPAIGN FUNDS.
``(a) Imposition of Tax.--If any applicable campaign fund
has excess political expenditures for any election cycle,
there is hereby imposed on such excess political expenditures
a tax equal to the amount of such excess political
expenditures multiplied by the highest rate of tax specified
in section 11(b). Such tax shall be imposed for the taxable
year of such fund in which such election cycle ends.
``(b) Applicable Campaign Fund.--For purposes of this
section, the term `applicable campaign fund' means any
political organization if--
``(1) such organization is designated by a candidate for
election or nomination to the House of Representatives as
such candidate's principal campaign committee for purposes of
section 302(e) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(e)), and
``(2) such candidate has made contributions to such
political organization during the election cycle in excess of
the contribution limitation which would have been applicable
under section 501(a) or 512(a) of such Act, whichever is
applicable, if an election under such section had been made.
``(c) Excess Political Expenditures.--
``(1) In general.--For purposes of this section, the term
`excess political expenditures'
[[Page 1723]]
means, with respect to any election cycle, the excess (if
any) of the political expenditures incurred by the applicable
campaign fund during such cycle, over, in the case of a House
of Representatives candidate, the expenditure ceiling which
would have been applicable under subtitle B of title V of
such Act if an election under such subtitle had been made.
``(2) Special rule for determining amount of
expenditures.--For purposes of paragraph (1), in determining
the amount of political expenditures incurred by an
applicable campaign fund, there shall be excluded any such
expenditure which would not have been subject to the
expenditure limitations of title V of the Federal Election
Campaign Act of 1971 had such limitations been applicable,
other than any such expenditure which would have been exempt
from such limitations under section 501(e) or 501(f) of such
Act.
``(d) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Election cycle.--The term `election cycle' has the
meaning given such term by section 301 of the Federal
Election Campaign Act of 1971.
``(2) Political organization.--The term `political
organization' has the meaning given to such term by section
527(e)(1).
``(3) Certain rules made applicable.--Rules similar to the
rules of section 4911(e)(4) shall apply.''
(b) Clerical Amendments.--
(1) Chapter 41 of such Code is amended by striking the
chapter heading and inserting the following:
``CHAPTER 41--LOBBYING AND POLITICAL EXPENDITURES OF CERTAIN
ORGANIZATIONS
``Subchapter A. Public charities.
``Subchapter B. Excess political expenditures of certain campaign
funds.
``Subchapter A--Public Charities''.
(2) The table of sections for subtitle D of such Code is
amended by striking the item relating to chapter 41 and
inserting the following:
``Chapter 41. Lobbying and political expenditures of certain
organizations.''
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
TITLE II--INDEPENDENT EXPENDITURES
SEC. 201. CLARIFICATION OF DEFINITIONS RELATING TO
INDEPENDENT EXPENDITURES.
(a) Independent Expenditure Definition Amendment.--Section
301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431) is amended by striking paragraphs (17) and (18) and
inserting the following:
``(17)(A) The term `independent expenditure' means an
expenditure that--
``(i) contains express advocacy; and
``(ii) is made without the participation or cooperation of
and without consultation with a candidate or a candidate's
representative.
``(B) The following shall not be considered an independent
expenditure:
``(i) An expenditure made by an authorized committee of a
candidate for Federal office
``(ii) An expenditure if there is any arrangement,
coordination, or direction with respect to the expenditure
between the candidate or the candidate's agent and the person
making the expenditure.
``(iii) An expenditure if, in the same election cycle, the
person making the expenditure is or has been--
``(I) authorized to raise or expend funds on behalf of the
candidate or the candidate's authorized committees; or
``(II) serving as a member, employee, or agent of the
candidate's authorized committees in an executive or
policymaking position.
``(iv) An expenditure if the person making the expenditure
retains the professional services of any individual or other
person also providing services in the same election cycle to
the candidate in connection with the candidate's pursuit of
nomination for election, or election, to Federal office,
including any services relating to the candidate's decision
to seek Federal office. For purposes of this clause, the term
`professional services' shall include any services (other
than legal and accounting services solely for purposes of
ensuring compliance with any Federal law) in support of any
candidate's or candidates' pursuit of nomination for
election, or election, to Federal office.
For purposes of this subparagraph, the person making the
expenditure shall include any officer, director, employee, or
agent of such person.
``(18)(A) The term `express advocacy' means, when a
communication is taken as a whole and with limited reference
to external events, an expression of support for or
opposition to a specific candidate, to a specific group of
candidates, or to candidates of a particular political party.
``(B) The term `expression of support for or opposition to'
includes a suggestion to take action with respect to an
election, such as to vote for or against, make contributions
to, or participate in campaign activity, or to refrain from
taking action.''.
(b) Contribution Definition Amendment.--Section 301(8)(A)
of such Act (2 U.S.C. 431(8)(A)) is amended--
(1) in clause (i), by striking ``or'' after the semicolon
at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment or other transaction referred to in
paragraph (17)(A)(i) that is not an independent expenditure
under paragraph (17).''.
SEC. 202. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT
EXPENDITURES.
Section 304(c) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(c)) is amended--
(1) in paragraph (2), by striking the undesignated matter
after subparagraph (C);
(2) by redesignating paragraph (3) as paragraph (9); and
(3) by inserting after paragraph (2), as amended by
paragraph (1), the following new paragraphs:
``(3)(A) Any person (including a political committee)
making independent expenditures (including those described in
subsection (b)(6)(B)(iii)) with respect to a candidate in an
election aggregating $1,000 or more made after the 20th day,
but more than 24 hours, before the election shall file a
report within 24 hours after such independent expenditures
are made. An additional report shall be filed each time
independent expenditures aggregating $1,000 are made with
respect to the same candidate after the latest report filed
under this subparagraph.
``(B) Any person (including a political committee) making
independent expenditures with respect to a candidate in an
election aggregating $2,500 or more made at any time up to
and including the 20th day before the election shall file a
report within 48 hours after such independent expenditures
are made. An additional report shall be filed each time
independent expenditures aggregating $2,500 are made with
respect to the same candidate after the latest report filed
under this paragraph.
``(C) A report under subparagraph (A) or (B) shall be filed
with the Commission and the Secretary of State of the State
involved, and shall identify each candidate whom the
expenditure is actually intended to support or to oppose. Not
later than 48 hours after the Commission receives a report,
the Commission shall transmit a copy of the report to each
candidate seeking nomination or election to that office.
``(D) For purposes of this section, an independent
expenditure shall be considered to have been made upon the
making of any payment or the taking of any action to incur an
obligation for payment.
``(4)(A) If any person (including a political committee)
intends to make independent expenditures with respect to a
candidate in an election totaling $2,500 or more during the
20 days before an election, such person shall file a report
no later than the 20th day before the election.
``(B) A report under subparagraph (A) shall be filed with
the Commission and the Secretary of State of the State
involved, and shall identify each candidate whom the
expenditure is actually intended to support or to oppose. Not
later than 48 hours after the Commission receives a report
under this paragraph, the Commission shall transmit a copy of
the statement to each candidate identified.
``(5) The Commission may, upon a request of a candidate or
on its own initiative, make its own determination that a
person has made, or has incurred obligations to make,
independent expenditures with respect to any candidate in any
election which in the aggregate exceed the applicable amounts
under paragraph (3) or (4). The Commission shall notify each
candidate in such election of such determination within 48
hours after making it. Any determination made at the request
of a candidate shall be made within 48 hours of the request.
``(6) At the time at which an eligible House of
Representatives candidate is notified under paragraph (3),
(4), or (5) with respect to expenditures during a general
election period, the Commission shall certify eligibility to
receive benefits under section 504(a)(3)(B) or section
513(f).
``(7)(A) A person that makes a reservation of broadcast
time to which section 315(a) of the Communications Act of
1947 (47 U.S.C. 315(a)) applies, the payment for which would
constitute an independent expenditure, shall at the time of
reservation--
``(i) inform the broadcast licensee that payment for the
broadcast time will constitute an independent expenditure;
``(ii) inform the broadcast licensee of the names of all
candidates for the office to which the proposed broadcast
relates and state whether the message to be broadcast is
intended to be made in support of or in opposition to each
such candidate;
``(iii) transmit to all candidates for the office to which
the proposed broadcast relates a script or tape recording of
the communication, or an accurate summary of the
communication if a script or tape recording is not
available.''.
TITLE III--CONTRIBUTIONS AND EXPENDITURES BY POLITICAL PARTY COMMITTEES
SEC. 301. DEFINITIONS.
(a) Contribution and Expenditure Exceptions.--(1) Section
301(8)(B) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(8)(B)) is amended--
(A) in clause (x)--
(i) by striking ``and'' at the end of subclause (2),
(ii) by inserting ``and'' at the end of subclause (3), and
(iii) by adding at the end the following new subclause:
``(4) such activities are conducted solely by, and any
materials are prepared for distribution and mailing and are
distributed (if
[[Page 1724]]
other than by mailing) solely by, volunteers;'';
(B) in clause (xi), by striking ``That'' and all that
follows through ``Act;'' and inserting ``That--
``(1) such payments are made from contributions subject to
the limitations and prohibitions of this Act; and
``(2) such activities are conducted solely by, and any
materials are prepared for distribution and mailing and are
distributed (if other than by mailing) solely by,
volunteers;'' and
(C) in clause (xii)--
(i) by inserting ``in connection with volunteer
activities'' after ``such committee'',
(ii) by striking ``for President and Vice President'',
(iii) by striking ``and'' at the end of subclause (2),
(iv) by inserting ``and'' at the end of subclause (3), and
(v) by adding at the end the following new subclause:
``(4) such activities are conducted solely by, and any
materials are prepared for distribution and mailing and are
distributed (if other than by mailing) solely by,
volunteers;''.
(2) Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is
amended--
(A) in clause (viii)--
(i) by striking ``and'' at the end of subclause (2),
(ii) by inserting ``and'' at the end of subclause (3), and
(iii) by adding at the end the following new subclause:
``(4) such activities are conducted solely by, and any
materials are prepared for distribution and mailing and are
distributed (if other than by mailing) solely by,
volunteers;''; and
(B) in clause (ix)--
(i) by inserting ``in connection with volunteer
activities'' after ``such committee'',
(ii) by striking ``for President or Vice President'', and
(iii) by striking ``and'' at the end of subclause (2), by
inserting ``and'' at the end of subclause (3), and by adding
at the end the following new subclause:
``(4) such activities are conducted solely by, and any
materials are prepared for distribution and are distributed
(if other than by mailing) solely by, volunteers;''.
(b) Generic Activities; State Party Grassroots Fund.--
Section 301 of such Act (2 U.S.C. 431), as amended by section
133, is further amended by adding at the end the following
new paragraphs:
``(30) The term `generic campaign activity' means a
campaign activity that promotes a political party rather than
any particular Federal or non-Federal candidate.
``(31) The term `State Party Grassroots Fund' means a
separate segregated fund established and maintained by a
State committee of a political party solely for purposes of
making expenditures and other disbursements described in
section 324(d).''.
SEC. 302. CONTRIBUTIONS TO POLITICAL PARTY COMMITTEES.
(a) Individual Contributions to State Party.--Section
315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $20,000; or
``(ii) any other political committee established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $5,000,
except that the aggregate contributions described in this
subparagraph which may be made by a person to the State Party
Grassroots Fund and all committees of a State committee of a
political party in any State in any calendar year shall not
exceed $20,000; or''.
(b) Multicandidate Committee Contributions to State
Party.--Section 315(a)(2) of such Act (2 U.S.C. 441a(a)(2))
is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $15,000; or
``(ii) to any other political committee established and
maintained by a State committee of a political party which,
in the aggregate, exceed $5,000,
except that the aggregate contributions described in this
subparagraph which may be made by a multicandidate political
committee to the State Party Grassroots Fund and all
committees of a State committee of a political party in any
State in any calendar year shall not exceed $15,000; or''.
(c) Overall Limit.--Section 315(a)(3) of such Act (2 U.S.C.
441a(a)(3)) is amended to read as follows:
``(3)(A) No individual shall make contributions during any
election cycle which, in the aggregate, exceed $100,000.
``(B) No individual shall make contributions during any
calendar year--
``(i) to all candidates and their authorized political
committees which, in the aggregate, exceed $25,000; or
``(ii) to all political committees established and
maintained by State committees of a political party which, in
the aggregate, exceed $20,000.
``(C) For purposes of subparagraph (B)(i), any contribution
made to a candidate or the candidate's authorized political
committees in a year other than the calendar year in which
the election is held with respect to which such contribution
is made shall be treated as made during the calendar year in
which the election is held.''.
(d) Presidential Candidate Committee Transfers.--(1)
Section 315(b)(1) of such Act (2 U.S.C. 441a(b)(1)) is
amended to read as follows:
``(B) in the case of a campaign for election to such
office, an amount equal to the sum of--
``(i) $20,000,000, plus
``(ii) the amounts transferred by the candidate and the
authorized committees of the candidate to the national
committee of the candidate's political party for distribution
to State Party Grassroots Funds.
In no event shall the amount under subparagraph (B)(ii)
exceed 2 cents multiplied by the voting age population of the
United States (as certified under subsection (e)). The
Commission may require reporting of the transfers described
in subparagraph (B)(ii), may conduct an examination and audit
of any such transfer, and may require the return of the
transferred amounts to the Presidential Election Campaign
Fund if not used for the appropriate purpose.''
(2) Subparagraph (A) of section 9002(11) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``or'' at the end of clause (ii); and
(B) in clause (iii), by striking ``offices,'' and inserting
the following: ``offices, or (iv) consisting of a transfer to
the national committee of the political party of a candidate
for the office of President or Vice President for
distribution to State Party Grassroots Funds (as defined in
the Federal Election Campaign Act of 1971) to the extent such
transfers do not exceed the amount determined under section
315(b)(1)(B)(ii) of such Act,''.
SEC. 303. INCREASE IN THE AMOUNT THAT MULTICANDIDATE
POLITICAL COMMITTEES MAY CONTRIBUTE TO NATIONAL
POLITICAL PARTY COMMITTEES.
Section 315(a)(2)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(2)(B)) is amended by striking
``$15,000'' and inserting ``$25,000''.
SEC. 304. MERCHANDISING AND AFFINITY CARDS.
Section 316 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(c) Notwithstanding the provisions of this section or any
other provision of this Act to the contrary, an amount
received from a corporation (including a State-chartered or
national bank) by any political committee (other than a
separate segregated fund established under section
316(b)(2)(C)) shall be deemed to meet the limitations and
prohibitions of this Act if such amount represents a
commission or royalty on the sale of goods or services, or on
the issuance of credit cards, by such corporation and if--
``(1) such goods, services, or credit cards are promoted by
or in the name of the political committee as a means of
contributing to or supporting the political committee and are
offered to consumers using the name of the political
committee or using a message, design, or device created and
owned by the political committee, or both;
``(2) the corporation is in the business of merchandising
such goods or services, or of issuing such credit cards;
``(3) the royalty or commission has been offered by the
corporation to the political committee in the ordinary course
of the corporation's business and on the same terms and
conditions as those on which such corporation offers
royalties or commissions to nonpolitical entities;
``(4) all revenue on which the commission or royalty is
based represents, or results from, sales to or fees paid by
individual consumers in the ordinary course of retail
transactions;
``(5) the costs of any unsold inventory of goods are
ultimately borne by the political committee in accordance
with rules to be prescribed by the Commission; and
``(6) except for any royalty or commission permitted to be
paid by this subsection, no goods, services, or anything else
of value is provided by such corporation to the political
committee, except that such corporation may advance or
finance costs or extend credit in connection with the
manufacture and distribution of goods, provision of services,
or issuance of credit cards pursuant to this subsection if
and to the extent such advance, financing, or extension is
undertaken in the ordinary course of the corporation's
business and is undertaken on similar terms by such
corporation in its transactions with nonpolitical entities in
like circumstances.''
SEC. 305. PROVISIONS RELATING TO NATIONAL, STATE, AND LOCAL
PARTY COMMITTEES.
(a) Soft Money of Committees of Political Parties.--Title
III of the Federal Election Campaign Act of 1971 is amended
by inserting after section 323 the following new section:
[[Page 1725]]
``political party committees
``Sec. 324. (a) Limitations on National Committee.--(1) A
national committee of a political party and the congressional
campaign committees of a political party may not solicit or
accept contributions or transfers not subject to the
limitations, prohibitions, and reporting requirements of this
Act.
``(2) Paragraph (1) shall not apply to contributions--
``(A) that--
``(i) are to be transferred to a State committee of a
political party and are used solely for activities described
in clauses (xi) through (xvii) of paragraph (9)(B) of section
301; or
``(ii) are described in section 301(8)(B)(viii); and
``(B) with respect to which contributors have been notified
that the funds will be used solely for the purposes described
in subparagraph (A).
``(b) Activities Subject to This Act.--Any amount
solicited, received, expended, or disbursed directly or
indirectly by a national, State, district, or local committee
of a political party with respect to any of the following
activities shall be subject to the limitations, prohibitions,
and reporting requirements of this Act:
``(1)(A) Any get-out-the-vote activity conducted during a
calendar year in which an election for the office of
President is held.
``(B) Any other get-out-the-vote activity unless subsection
(c)(2) applies to the activity.
``(2) Any generic campaign activity.
``(3) Any activity that identifies or promotes a Federal
candidate, regardless of whether--
``(A) a State or local candidate is also identified or
promoted; or
``(B) any portion of the funds disbursed constitutes a
contribution or expenditure under this Act.
``(4) Voter registration.
``(5) Development and maintenance of voter files during an
even-numbered calendar year.
``(6) Any other activity that--
``(A) significantly affects a Federal election, or
``(B) is not otherwise described in section
301(9)(B)(xvii).
Any amount spent to raise funds that are used, in whole or in
part, in connection with activities described in the
preceding paragraphs shall be subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(c) Get-Out-The-Vote Activities By State, District, and
Local Committees of Political Parties.--(1) Except as
provided in paragraph (2), any get-out-the-vote activity for
a State or local candidate, or for a ballot measure, which is
conducted by a State, district, or local committee of a
political party shall be subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Paragraph (1) shall not apply to any activity which
the State committee of a political party certifies to the
Commission is an activity which--
``(A) is conducted during a calendar year other than a
calendar year in which an election for the office of
President is held,
``(B) is exclusively on behalf of (and specifically
identifies only) one or more State or local candidates or
ballot measures, and
``(C) does not include any effort or means used to identify
or turn out those identified to be supporters of any Federal
candidate (including any activity that is undertaken in
coordination with, or on behalf of, a candidate for Federal
office).
``(d) State Party Grassroots Funds.--(1) A State committee
of a political party may make disbursements and expenditures
from its State Party Grassroots Fund only for--
``(A) any generic campaign activity;
``(B) payments described in clauses (v), (x), and (xii) of
paragraph (8)(B) and clauses (iv), (viii), and (ix) of
paragraph (9)(B) of section 301;
``(C) subject to the limitations of section 315(d),
payments described in clause (xii) of paragraph (8)(B), and
clause (ix) of paragraph (9)(B), of section 301 on behalf of
candidates other than for President and Vice President;
``(D) voter registration; and
``(E) development and maintenance of voter files during an
even-numbered calendar year.
``(2) Notwithstanding section 315(a)(4), no funds may be
transferred by a State committee of a political party from
its State Party Grassroots Fund to any other State Party
Grassroots Fund or to any other political committee, except a
transfer may be made to a district or local committee of the
same political party in the same State if such district or
local committee--
``(A) has established a separate segregated fund for the
purposes described in paragraph (1); and
``(B) uses the transferred funds solely for those purposes.
``(e) Amounts Received by Grassroots Fund From State and
Local Candidate Committees.--(1) Any amount received by a
State Party Grassroots Fund from a State or local candidate
committee for expenditures described in subsection (b) that
are for the benefit of that candidate shall be treated as
meeting the requirements of subsection (b) and section 304(e)
if--
``(A) such amount is derived from funds which meet the
requirements of this Act with respect to any limitation or
prohibition as to source or dollar amount specified in
section 315(a) (1)(A) and (2)(A); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which payment is made,
records of the sources and amounts of funds for purposes of
determining whether such requirements are met; and
``(ii) certifies that such requirements were met.
``(2) For purposes of paragraph (1)(A), in determining
whether the funds transferred meet the requirements of this
Act described in such paragraph--
``(A) a State or local candidate committee's cash on hand
shall be treated as consisting of the funds most recently
received by the committee, and
``(B) the committee must be able to demonstrate that its
cash on hand contains sufficient funds meeting such
requirements as are necessary to cover the transferred funds.
``(3) Notwithstanding paragraph (1), any State Party
Grassroots Fund receiving any transfer described in paragraph
(1) from a State or local candidate committee shall be
required to meet the reporting requirements of this Act, and
shall submit to the Commission all certifications received,
with respect to receipt of the transfer from such candidate
committee.
``(4) For purposes of this subsection, a State or local
candidate committee is a committee established, financed,
maintained, or controlled by a candidate for other than
Federal office.
``(f) Related Entities.--The provisions of this Act shall
apply to any entity that is established, financed, or
maintained by a national committee or State committee of a
political party in the same manner as they apply to the
national or State committee.''
(b) Contributions and Expenditures.--
(1) Contributions.--Section 301(8)(B) of such Act (2 U.S.C.
431(8)(B)) is amended--
(A) in clause (viii), by inserting after ``Federal office''
the following: ``, or any amounts received by the committees
of any national political party to support the operation of a
television and radio broadcast facility'';
(B) by striking ``and'' at the end of clause (xiii);
(C) by striking clause (xiv); and
(D) by adding at the end the following new clauses:
``(xiv) any amount contributed to a candidate for other
than Federal office;
``(xv) any amount received or expended to pay the costs of
a State or local political convention;
``(xvi) any payment for campaign activities that are
exclusively on behalf of (and specifically identify only)
State or local candidates and do not identify any Federal
candidate, and that are not activities described in section
324(b) (without regard to paragraph (6)(B)) or section
324(c)(1);
``(xvii) any payment for administrative expenses of a State
or local committee of a political party, including expenses
for--
``(I) overhead, including party meetings;
``(II) staff (other than individuals devoting a significant
amount of their time to elections for Federal office and
individuals engaged in conducting get-out-the-vote activities
for a Federal election); and
``(III) conducting party elections or caucuses;
``(xviii) any payment for research pertaining solely to
State and local candidates and issues;
``(xix) any payment for development and maintenance of
voter files other than during the 1-year period ending on the
date during an even-numbered calendar year on which regularly
scheduled general elections for Federal office occur; and
``(xx) any payment for any other activity which is solely
for the purpose of influencing, and which solely affects, an
election for non-Federal office and which is not an activity
described in section 324(b) (without regard to paragraph
(6)(B)) or section 324(c)(1).''.
(2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C.
431(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x) and
inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(xi) any amount contributed to a candidate for other than
Federal office;
``(xii) any amount received or expended to pay the costs of
a State or local political convention;
``(xiii) any payment for campaign activities that are
exclusively on behalf of (and specifically identify only)
State or local candidates and do not identify any Federal
candidate, and that are not activities described in section
324(b) (without regard to paragraph (6)(B)) or section
324(c)(1);
``(xiv) any payment for administrative expenses of a State
or local committee of a political party, including expenses
for--
``(I) overhead, including party meetings;
``(II) staff (other than individuals devoting a significant
amount of their time to elections for Federal office and
individuals engaged in conducting get-out-the-vote activities
for a Federal election); and
``(III) conducting party elections or caucuses;
``(xv) any payment for research pertaining solely to State
and local candidates and issues;
``(xvi) any payment for development and maintenance of
voter files other than during the 1-year period ending on the
date during an even-numbered calendar year on which regularly
scheduled general elections for Federal office occur; and
``(xvii) any payment for any other activity which is solely
for the purpose of influ
[[Page 1726]]
encing, and which solely affects, an election for non-Federal
office and which is not an activity described in section
324(b) (without regard to paragraph (6)(B)) or section
324(c)(1).''.
(c) Limitation Applied at National Level; Permitting
Committees To Match Independent Expenditures Made on
Opponent's Behalf.--Section 315(d) of such Act (2 U.S.C.
441a(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Subject to paragraph (4), the
national committee''; and
(2) by adding at the end the following new paragraph:
``(4)(A) Notwithstanding paragraph (3), the applicable
congressional campaign committee of a political party shall
make the expenditures described in such paragraph which are
authorized to be made by a national or State committee with
respect to a candidate in any State unless it allocates all
or a portion of such expenditures to either or both of such
committees.
``(B) For purposes of paragraph (3), in determining the
amount of expenditures of a national or State committee of a
political party in connection with the general election
campaign of a candidate for election to the office of
Representative, Delegate, or Resident Commissioner, there
shall be excluded an amount equal to the total amount of
independent expenditures made during the campaign on behalf
of candidates opposing the candidate.''.
(d) Limitations Apply for Entire Election Cycle.--Section
315(d)(1) of such Act (2 U.S.C. 441a(d)(1)) is amended by
adding at the end the following new sentence: ``Each
limitation under the following paragraphs shall apply to the
entire election cycle for an office.''.
SEC. 306. RESTRICTIONS ON FUNDRAISING BY CANDIDATES AND
OFFICEHOLDERS.
(a) State Fundraising Activities.--Section 315 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as
amended by section 122, is further amended by adding at the
end the following new subsection:
``(j) Limitations on Fundraising Activities of Federal
Candidates and Officeholders and Certain Political
Committees.--(1) For purposes of this Act, a candidate for
Federal office, an individual holding Federal office, or any
agent of the candidate or individual may not solicit funds
to, or receive funds on behalf of, any Federal or non-Federal
candidate or political committee--
``(A) which are to be expended in connection with any
election for Federal office unless such funds are subject to
the limitations, prohibitions, and requirements of this Act;
or
``(B) which are to be expended in connection with any
election for other than Federal office unless such funds are
not in excess of amounts permitted with respect to Federal
candidates and political committees under subsections (a) (1)
and (2), and are not from sources prohibited by such
subsections with respect to elections to Federal office.
``(2)(A) The aggregate amount which a person described in
subparagraph (B) may solicit from a multicandidate political
committee for State committees described in subsection
(a)(1)(C) (including subordinate committees) for any calendar
year shall not exceed the dollar amount in effect under
subsection (a)(2)(B) for the calendar year.
``(B) A person is described in this subparagraph if such
person is a candidate for Federal office, an individual
holding Federal office, an agent of such a candidate or
individual, or any national, State, district, or local
committee of a political party (including a subordinate
committee) and any agent of such a committee.
``(3) The appearance or participation by a candidate for
Federal office or individual holding Federal office in any
fundraising event conducted by a committee of a political
party or a candidate for other than Federal office shall not
be treated as a solicitation for purposes of paragraph (1) if
such candidate or individual does not solicit or receive, or
make disbursements from, any funds resulting from such
activity.
``(4) Paragraph (1) shall not apply to the solicitation or
receipt of funds, or disbursements, by an individual who is a
candidate for other than Federal office if such activity is
permitted under State law.
``(5) For purposes of this subsection, an individual shall
be treated as holding Federal office if such individual--
``(A) holds a Federal office; or
``(B) holds a position described in level I of the
Executive Schedule under section 5312 of title 5, United
States Code.''.
(b) Tax-Exempt Organizations.--Section 315 of such Act (2
U.S.C. 441a), as amended by section 122 and subsection (a),
is further amended by adding at the end the following new
subsection:
``(k) Tax-Exempt Organizations.--(1) If an individual is a
candidate for, or holds, Federal office during any period,
such individual may not during such period solicit
contributions to, or on behalf of, any organization which is
described in section 501(c) of the Internal Revenue Code of
1986 if--
``(A) the organization is established, maintained, or
controlled by such individual; and
``(B) a significant portion of the activities of such
organization include voter registration or get-out-the-vote
campaigns.
``(2) For purposes of this subsection, an individual shall
be treated as holding Federal office if such individual--
``(A) holds a Federal office; or
``(B) holds a position described in level I of the
Executive Schedule under section 5312 of title 5, United
States Code.''.
SEC. 307. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) is amended by
adding at the end the following new subsection:
``(d) Political Committees.--(1) The national committee of
a political party and any congressional campaign committee of
a political party, and any subordinate committee of either,
shall report all receipts and disbursements during the
reporting period, whether or not in connection with an
election for Federal office.
``(2) A State, district, or local committee of a political
party to which section 324 applies shall report all receipts
and disbursements for the reporting period, including
separate schedules for receipts and disbursements for State
Grassroots Funds.
``(3) Any political committee shall include in its report
under paragraph (1) or (2) the amount of any transfer
described in section 324(d)(2) and shall itemize such amounts
to the extent required by section 304(b)(3)(A).
``(4) The Commission may prescribe regulations to require
any political committee to which paragraph (1) or (2) does
not apply to report any receipts or disbursements used in
connection with a Federal election, including those which are
also used, directly or indirectly, to affect a State or local
election.
``(5) If a political committee has receipts or
disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year,
the political committee shall separately itemize its
reporting for such person in the same manner as subsection
(b) (3)(A), (5), or (6).
``(6) Reports required to be filed by this subsection shall
be filed for the same time periods required for political
committees under subsection (a).''.
(b) Report of Exempt Contributions.--Section 301(8) of such
Act (2 U.S.C. 431(8)) is amended by inserting at the end the
following new subparagraph:
``(C) The exclusion provided in clause (viii) of
subparagraph (B) shall not apply for purposes of any
requirement to report contributions under this Act, and all
such contributions aggregating in excess of $200 (and
disbursements therefrom) shall be reported.''.
(c) Reports by State Committees.--Section 304 of such Act
(2 U.S.C. 434), as amended by subsection (a), is further
amended by adding at the end the following new subsection:
``(e) Filing of State Reports.--In lieu of any report
required to be filed by this Act, the Commission may allow a
State committee of a political party to file with the
Commission a report required to be filed under State law if
the Commission determines such reports contain substantially
the same information.''.
(d) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of such Act
(2 U.S.C. 434(b)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph (H);
(B) by adding ``and'' at the end of subparagraph (I); and
(C) by adding at the end the following new subparagraph:
``(J) in the case of an authorized committee, disbursements
for the primary election, the general election, and any other
election in which the candidate participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of such Act
(2 U.S.C. 434(b)(5)(A)) is amended--
(A) by striking ``within the calendar year'', and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
TITLE IV--CONTRIBUTIONS
SEC. 401. RESTRICTIONS ON BUNDLING.
Section 315(a)(8) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows:
``(8)(A) No person, either directly or indirectly, may act
as a conduit or intermediary for any contribution to a
candidate.
``(B)(i) Nothing in this section shall prohibit--
``(I) joint fundraising conducted in accordance with rules
prescribed by the Commission by 2 or more candidates; or
``(II) fundraising for the benefit of a candidate that is
conducted by another candidate.
``(ii) No other person may conduct or otherwise participate
in joint fundraising activities with or on behalf of any
candidate.
``(C) The term `conduit or intermediary' means a person who
transmits a contribution to a candidate or candidate's
committee or representative from another person, except
that--
``(i) a House of Representatives candidate or
representative of a House of Representatives candidate is not
a conduit or intermediary for the purpose of transmitting
contributions to the candidate's principal campaign committee
or authorized committee;
``(ii) a professional fundraiser is not a conduit or
intermediary, if the fundraiser is compensated for
fundraising services at the usual and customary rate;
``(iii) a volunteer hosting a fundraising event at the
volunteer's home, in accordance with section 301(8)(b), is
not a conduit or intermediary for the purposes of that event;
and
``(iv) an individual is not a conduit or intermediary for
the purpose of transmitting a contribution from the
individual's spouse.
[[Page 1727]]
For purposes of this section a conduit or intermediary
transmits a contribution when receiving or otherwise taking
possession of the contribution and forwarding it directly to
the candidate or the candidate's committee or representative.
``(D) For purposes of this section, the term
`representative'--
``(i) shall mean a person who is expressly authorized by
the candidate to engage in fundraising, and who, in the case
of an individual, is not acting as an officer, employee, or
agent of any other person;
``(ii) shall not include--
``(I) a political committee with a connected organization;
``(II) a political party;
``(III) a partnership or sole proprietorship;
``(IV) an organization prohibited from making contributions
under section 316; or
``(V) a person required to register under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).
``(E) For purposes of this section, the term `acting as an
officer, employee, or agent of any other person' includes the
following activities by a salaried officer, employee, or paid
agent of a person described in subparagraph (D)(ii)(IV):
``(i) Soliciting contributions to a particular candidate in
the name of, or by using the name of, such a person.
``(ii) Soliciting contributions to a particular candidate
using other than the incidental resources of such a person.
``(iii) Soliciting contributions to a particular candidate
under the direction or control of other salaried officers,
employees, or paid agents of such a person.
For purposes of this subparagraph, the term `agent' shall
include any person (other than individual members of an
organization described in subparagraph (b)(4)(C) of section
316) acting on authority or under the direction of such
organization.''.
SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.
Section 315 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a), as amended by sections 122 and 306, is further
amended by adding at the end the following new subsection:
``(l) For purposes of this section, any contribution by an
individual who--
``(1) is a dependent of another individual; and
``(2) has not, as of the time of such contribution,
attained the legal age for voting for elections to Federal
office in the State in which such individual resides,
shall be treated as having been made by such other
individual. If such individual is the dependent of another
individual and such other individual's spouse, the
contribution shall be allocated among such individuals in the
manner determined by them.''.
SEC. 403. PROHIBITION OF ACCEPTANCE BY A CANDIDATE OF CASH
CONTRIBUTIONS FROM ANY ONE PERSON AGGREGATING
MORE THAN $100.
Section 321 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441g) is amended by inserting ``, and no candidate or
authorized committee of a candidate shall accept from any one
person,'' after ``make''.
SEC. 404. CONTRIBUTIONS TO CANDIDATES FROM STATE AND LOCAL
COMMITTEES OF POLITICAL PARTIES TO BE
AGGREGATED.
Section 315(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)), as amended by section 121, is further
amended by adding at the end the following new paragraph:
``(10) Notwithstanding paragraph (5)(B), a candidate for
Federal office may not accept, with respect to an election,
any contribution from a State or local committee of a
political party (including any subordinate committee of such
committee) if such contribution, when added to the total of
contributions previously accepted from all such committees of
that political party, exceeds a limitation on contributions
to a candidate under this section.''.
SEC. 405. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT
CONTRIBUTIONS.
Section 322 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441h) is amended--
(1) by inserting after ``Sec. 322.'' the following:
``(a)''; and
(2) by adding at the end the following:
``(b) No person shall solicit contributions by falsely
representing himself or herself as a candidate or as a
representative of a candidate, a political committee, or a
political party.''.
SEC. 406. LIMITED EXCLUSION OF ADVANCES BY CAMPAIGN WORKERS
FROM THE DEFINITION OF THE TERM
``CONTRIBUTION''.
Section 301(8)(B) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(8)(B)), as amended by section 305, is
amended--
(1) in clause (xix), by striking ``and'' after the
semicolon at the end;
(2) in clause (xx), by striking the period at the end and
inserting: ``; and''; and
(3) by adding at the end the following new clause:
``(xxi) any advance voluntarily made on behalf of an
authorized committee of a candidate by an individual in the
normal course of such individual's responsibilities as a
volunteer for, or employee of, the committee, if the advance
is reimbursed by the committee within 10 days after the date
on which the advance is made, and the value of advances on
behalf of a committee does not exceed $500 with respect to an
election.''.
SEC. 407. AMENDMENT TO SECTION 316 OF THE FEDERAL ELECTION
CAMPAIGN ACT OF 1971.
Section 316(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)) is amended--
(1) by striking ``(2) For'' and inserting ``(2)(A) Except
as provided in subparagraph (B), for'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following:
``(B) Payments by a corporation or labor organization for
candidate debates, voter guides, or voting records directed
to the general public shall be considered contributions
unless--
``(i) in the case of a candidate debate, the organization
staging the debate is either an organization described in
section 301 (9)(B)(i) whose broadcasts, cablecasts, or
publications are supported by commercial advertising,
subscriptions, or sales to the public, including a
noncommercial educational broadcaster, or a nonprofit
organization exempt from Federal taxation under section
501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986
that does not endorse, support, or oppose candidates or
political parties, and any such debate features at least 2
candidates competing for election to that office;
``(ii) in the case of a voter guide, the guide is prepared
and distributed by a corporation or labor organization and
consists of questions posed to at least two candidates for
election to that office; and
``(iii) in the case of a voting record, the record is
prepared and distributed by a corporation or labor
organization at the end of a session of Congress and consists
solely of votes by all Members of Congress in that session on
one or more issues;
except that such payments shall be treated as contributions
if any communication made by a corporation or labor
organization in connection with the candidate debate, voter
guide, or voting record contains express advocacy, or any
structure or format of the candidate debate, voter guide, or
voting record, or any preparation or distribution of any such
guide or record, reflects a purpose of influencing the
election of a particular candidate.''.
SEC. 408. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES
OF FOREIGN NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e) is amended by adding at the end the following
new subsection:
``(c) A foreign national shall not directly or indirectly
direct, control, influence, or participate in any person's
election-related activities, such as the making of
contributions or expenditures in connection with elections
for any local, State, or Federal office or the administration
of a political committee.''.
TITLE V--REPORTING REQUIREMENTS
SEC. 501. CHANGE IN CERTAIN REPORTING FROM A CALENDAR YEAR
BASIS TO AN ELECTION CYCLE BASIS.
Paragraphs (2), (3), (4), (6), and (7) of section 304(b) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)
(2)-(7)) are each amended by inserting ``(election cycle, in
the case of an authorized committee of a candidate for
Federal office)'' after ``calendar year'' each place it
appears.
SEC. 502. DISCLOSURE OF PERSONAL AND CONSULTING SERVICES.
(a) Reporting by Political Committees.--Section
304(b)(5)(A) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(b)(5)(A)) is amended by adding before the
semicolon at the end the following: ``, except that if a
person to whom an expenditure is made by a candidate or the
candidate's authorized committees is merely providing
personal or consulting services and is in turn making
expenditures to other persons (not including its owners or
employees) who provide goods or services to the candidate or
the candidate's authorized committees, the name and address
of such other person, together with the date, amount and
purpose of such expenditure shall also be disclosed''.
(b) Recordkeeping and Reporting by Persons to Whom
Expenditures Are Passed Through.--Section 302 of such Act (2
U.S.C. 432) is amended by adding at the end the following new
subsection:
``(j) The person described in section 304(b)(5)(A) who is
providing personal or consulting services and who is in turn
making expenditures to other persons (not including
employees) for goods or services provided to a candidate
shall maintain records of and shall provide to a political
committee the information necessary to enable the political
committee to report the information described in section
304(b)(5)(A).''.
SEC. 503. POLITICAL COMMITTEES OTHER THAN CANDIDATE
COMMITTEES.
Section 303(b) of the Federal Election Campaign Act of 1971
(2 U.S.C. 433(b)) is amended--
(1) in paragraph (2), by inserting ``, and if the
organization or committee is incorporated, the State of
incorporation'' after ``committee''; and
(2) by striking the ``name and address of the treasurer''
in paragraph (4) and inserting ``the names and addresses of
any officers (including the treasurer)''.
SEC. 504. USE OF CANDIDATES' NAMES.
Section 302(e)(4) of the Federal Election Campaign Act of
1971 (2 U.S.C. 432(e)(4)) is amended to read as follows:
``(4)(A) The name of each authorized committee shall
include the name of the candidate who authorized the
committee under paragraph (1).
``(B) A political committee that is not an authorized
committee shall not--
[[Page 1728]]
``(i) include the name of any candidate in its name, or
``(ii) except in the case of a national, State, or local
party committee, use the name of any candidate in any
activity on behalf of such committee in such a context as to
suggest that the committee is an authorized committee of the
candidate or that the use of the candidate's name has been
authorized by the candidate.''.
SEC. 505. REPORTING REQUIREMENTS.
(a) Filing on the 20th Day of a Month.--Section 304(a) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a))
is amended--
(1) in paragraph (2)(A)(iii), by striking ``15th'' and
inserting ``20th'';
(2) in paragraph (3)(B)(ii), by striking ``15th'' and
inserting ``20th'';
(3) in paragraph (4)(A)(i), by striking ``15th'' and
inserting ``20th''; and
(4) in paragraph (8), by striking ``15th'' and inserting
``20th''.
(b) Option To File Monthly Reports.--Section 304(a)(2) of
such Act (2 U.S.C. 434(a)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by inserting the following new subparagraph at the end:
``(C) in lieu of the reports required by subparagraphs (A)
and (B), the treasurer may file monthly reports in all
calendar years, which shall be filed no later than the 20th
day after the last day of the month and shall be complete as
of the last day of the month, except that, in lieu of filing
the reports otherwise due in November and December of any
year in which a regularly scheduled general election is held,
a pre-primary election report and a pre-general election
report shall be filed in accordance with subparagraph (A)(i),
a post-general election report shall be filed in accordance
with subparagraph (A)(ii), and a year end report shall be
filed no later than January 31 of the following calendar
year.''.
(c) Political Committees.--Section 304(a)(4) of such Act (2
U.S.C. 434(a)(4)) is amended in subparagraph (A)(i) by
inserting ``, and except that if at any time during the
election year a committee receives contributions in excess of
$100,000 ($10,000 in the case of a multicandidate political
committee), or makes disbursements in excess of $100,000
($10,000 in the case of a multicandidate political
committee), monthly reports on the 20th day of each month
after the month in which that amount of contributions is
first received or that amount of disbursements is first
anticipated to be made during that year'' before the
semicolon.
(d) Incomplete or False Contributor Information.--Section
302(i) of such Act (2 U.S.C. 432(i)) is amended--
(1) by inserting ``(1)'' after ``(i)'';
(2) by striking ``submit'' and inserting ``report''; and
(3) by adding at the end the following new paragraph:
``(2) A treasurer shall be considered to have used best
efforts under this section only if--
``(A) all written solicitations include a clear and
conspicuous request for the contributor's identification and
inform the contributor of the committee's obligation to
report the identification in a statement prescribed by the
Commission;
``(B) the treasurer makes at least 1 additional request for
the contributor's identification for each contribution
received that aggregates in excess of $200 per calendar year
and which does not contain all of the information required by
this Act; and
``(C) the treasurer reports all information in the
committee's possession regarding contributor
identifications.''.
(e) Waiver.--Section 304 of such Act (2 U.S.C. 434), as
amended by section 307, is further amended by adding at the
end the following new subsection:
``(f) Waiver.--The Commission may relieve any category of
political committees of the obligation to file 1 or more
reports required by this section, or may change the due dates
of such reports, if it determines that such action is
consistent with the purposes of this Act. The Commission may
waive requirements to file reports in accordance with this
subsection through a rule of general applicability or, in a
specific case, may waive or extend the due date of a report
by notifying all political committees affected.''.
SEC. 506. SIMULTANEOUS REGISTRATION OF CANDIDATE AND
CANDIDATE'S PRINCIPAL CAMPAIGN COMMITTEE.
Section 303(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 433(a)) is amended in the first sentence by
striking ``no later than 10 days after designation'' and
inserting ``on the date of its designation''.
SEC. 507. REPORTING ON GENERAL CAMPAIGN ACTIVITIES OF PERSONS
OTHER THAN POLITICAL PARTIES.
(a) Reporting Requirement.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434), as amended by
sections 307 and 505, is further amended by adding at the end
the following new subsection:
``(g) Certain Communications by Corporations and Labor
Organizations.--(1) Any person making disbursements to pay
the cost of applicable communication activities aggregating
$5,000 or more with respect to a candidate in an election
after the 20th day, but more than 24 hours, before the
election shall file a report of such disbursements within 24
hours after such disbursements are made.
``(2) Any person making disbursements to pay the cost of
applicable communications activities aggregating $5,000 or
more with respect to a candidate in an election at any time
up to and including the 20th day before the election shall
file a report within 48 hours after such disbursements are
made.
``(3) Any person required to file a report under paragraph
(1) or (2) which also makes disbursements to pay the cost
directly attributable to a get-out-the-vote campaign
described in section 316(b)(2)(B) aggregating $25,000 or more
with respect to an election shall file a report within 48
hours after such disbursements are made.
``(4) An additional report shall be filed each time
additional disbursements described in paragraph (1), (2), or
(3), whichever is applicable, aggregating $10,000 are made
with respect to the same candidate in the same election as
the initial report filed under this subsection. Each such
report shall be filed within 48 hours after the disbursements
are made.
``(5) For purposes of this subsection, the term `applicable
communication activities' means activities which are covered
by the exception to section 301(9)(B)(iii).
``(6) Any statement under this subsection--
``(A) shall be filed in the case of--
``(i) disbursements relating to candidates for the House of
Representatives, with the Clerk of the House of
Representatives and the Secretary of State of the State
involved, and
``(ii) any other disbursements, with the Commission, and
``(B) shall contain such information as the Commission
shall prescribe.''
(b) Conforming Amendment.--Section 301(9)(B) of such Act (2
U.S.C. 431(9)(B)) is amended by inserting ``and shall, if
such costs exceeds the amount described in paragraph (1),
(2), or (4) of section 304(g), be reported in the manner
provided in section 304(g)'' before the semicolon at the end
of clause (iii).
TITLE VI--BROADCAST RATES AND CAMPAIGN ADVERTISING
SEC. 601. BROADCAST RATES AND CAMPAIGN ADVERTISING.
(a) Broadcast Rates.--Section 315 of the Communications Act
of 1934 (47 U.S.C. 315) is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) Except as provided in paragraph (2), the charges
made for the use of a broadcasting station by a person who is
a legally qualified candidate for public office in connection
with the person's campaign for nomination for election, or
election, to public office shall not exceed the charges made
for comparable use of such station by other users thereof.
``(2) In the case of an eligible House of Representatives
candidate, during the 30 days preceding the date of the
primary or primary runoff election and during the 60 days
preceding the date of a general or special election in which
the person is a candidate, the charges made for the use of a
broadcasting station by the candidate shall not exceed 50
percent of the lowest unit charge of the station for the same
class and amount of time for the same period.'';
(2) by redesignating subsections (c) and (d) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (b) the following new
subsections:
``(c)(1) Except as provided in paragraph (2), a licensee
shall not preempt the use, during any period specified in
subsection (b)(1)(A), of a broadcast station by a legally
qualified candidate for public office who has purchased and
paid for such use pursuant to subsection (b)(1)(A).
``(2) If a program to be broadcast by a broadcasting
station is preempted because of circumstances beyond the
control of the broadcasting station, any candidate
advertising spot scheduled to be broadcast during that
program may also be preempted.
``(d) If any person makes an independent expenditure
through a communication on a broadcasting station that
expressly advocates the defeat of an eligible House of
Representatives candidate, or the election of an eligible
House of Representatives candidate (regardless of whether
such opponent is an eligible candidate), the licensee, as
applicable, shall, not later than 5 business days after the
date on which the communication is made (or not later than 24
hours after the communication is made if the communication
occurs not more than 2 weeks before the date of the
election), transmit to the candidate--
``(1) a statement of the date and time on which the
communication was made;
``(2) a script or tape recording of the communication, or
an accurate summary of the communication if a script or tape
recording is not available; and
``(3) an offer of an equal opportunity for the candidate to
use the broadcasting station to respond to the communication
without having to pay for the use in advance.
``(e) A licensee that endorses a candidate for Federal
office in an editorial shall, within the time period stated
in subsection (d), provide to all other candidates for
election to the same office--
``(1) a statement of the date and time of the
communication;
``(2) a script or tape recording of the communication, or
an accurate summary of the communication if a script or tape
recording is not available; and
``(3) an offer of an equal opportunity for the candidate or
spokesperson for the candidate to use the broadcasting
station to respond to the communication.''; and
(4) in subsection (f), as redesignated by paragraph (2)--
[[Page 1729]]
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) the terms `eligible House of Representatives
candidate' and `independent expenditure' have the meanings
stated in section 301 of the Federal Election Campaign Act of
1971.''.
(b) Revocation of License for Failure To Permit Access.--
Section 312(a)(7) of such Act (47 U.S.C. 312(a)(7)) is
amended--
(1) by striking ``or repeated'';
(2) by inserting ``or cable system'' after ``broadcasting
station''; and
(3) by striking ``his candidacy'' and inserting ``his or
her candidacy, under the same terms, conditions, and business
practices as apply to its most favored advertiser''.
(c) Meeting Requirements for Rates as Condition of Granting
or Renewal of License.--Section 307 of such Act (47 U.S.C.
307) is amended by adding at the end the following new
subsection:
``(f) The continuation of an existing license, the renewal
of an expiring license, and the issuance of a new license
shall be expressly conditioned on the agreement by the
licensee or the applicant to meet the requirements of section
315(b), except that the Commission may waive this condition
in the case of a licensee or applicant who demonstrates (in
accordance with such criteria as the Commission may establish
in consultation with the Federal Election Commission) that
meeting such requirements will impose a significant financial
hardship.''.
SEC. 602. CAMPAIGN ADVERTISING AMENDMENTS.
Section 318 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441d) is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``Whenever'' and inserting ``Whenever a political
committee makes a disbursement for the purpose of financing
any communication through any broadcasting station,
newspaper, magazine, outdoor advertising facility, mailing,
or any other type of general public political advertising, or
whenever'';
(2) in the matter before paragraph (1) of subsection (a),
by striking ``an expenditure'' and inserting ``a
disbursement'';
(3) in the matter before paragraph (1) of subsection (a),
by striking ``direct'';
(4) in paragraph (3) of subsection (a), by inserting after
``name'' the following ``and permanent street address''; and
(5) by adding at the end the following new subsections:
``(c) Any printed communication described in subsection (a)
shall be--
``(1) of sufficient type size to be clearly readable by the
recipient of the communication;
``(2) contained in a printed box set apart from the other
contents of the communication; and
``(3) consist of a reasonable degree of color contrast
between the background and the printed statement.
``(d)(1) Any communication described in subsection (a)(1)
or (a)(2) that is provided to and distributed by any
broadcasting station or cable system (as such terms are
defined in sections 315 and 602, respectively, of the Federal
Communications Act of 1934) shall include, in addition to the
requirements of subsections (a)(1) and (a)(2), an audio
statement by the candidate that identifies the candidate and
states that the candidate has approved the communication.
``(2) If a communication described in paragraph (1)
contains any visual images, the communication shall include a
written statement which contains the same information as the
audio statement and which--
``(A) appears at the end of the communication in a clearly
readable manner with a reasonable degree of color contrast
between the background and the printed statement, for a
period of at least 4 seconds; and
``(B) is accompanied by a clearly identifiable photographic
or similar image of the candidate.
``(e)(1) Any communication described in subsection (a)(3)
that is provided to and distributed by any broadcasting
station or cable system described in subsection (d)(1) shall
include, in addition to the requirements of that subsection,
in a clearly spoken manner, the following statement--
` is responsible for the content of this
advertisement.'
with the blank to be filled in with the name of the political
committee or other person paying for the communication and
the name of any connected organization of the payor.
``(2) If the communication described in paragraph (1)
contains visual images, the communication shall include a
written statement which contains the same information as the
audio statement and which appears in a clearly readable
manner with a reasonable degree of color contrast between the
background and the printed statement for a period of at least
4 seconds.''.
SEC. 603. ELIGIBILITY FOR NONPROFIT THIRD-CLASS BULK RATES OF
POSTAGE.
Paragraph (2) of section 3626(e) of title 39, United States
Code, is amended--
(1) in subparagraph (A) by striking ``Committee, and the''
and inserting ``Committee, the'', and by striking
``Committee;'' and inserting ``Committee, and a qualified
campaign committee;'';
(2) by striking ``and'' at the end of subparagraph (B);
(3) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) the term `qualified campaign committee' means the
campaign committee of an eligible House of Representatives
candidate; and
``(E) the term `eligible House of Representatives
candidate' has the meaning given that term in section 301 of
the Federal Election Campaign Act of 1971.''.
TITLE VII--MISCELLANEOUS
SEC. 701. PROHIBITION OF LEADERSHIP COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(e)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) No political committee that supports or has supported
more than one candidate may be designated as an authorized
committee, except that--
``(A) a candidate for the office of President nominated by
a political party may designate the national committee of
such political party as the candidate's principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its functions as a
principal campaign committee; and
``(B) a candidate may designate a political committee
established solely for the purpose of joint fundraising by
such candidates as an authorized committee.''; and
(2) by adding at the end the following new paragraph:
``(6)(A) A candidate for Federal office or any individual
holding Federal office may not establish, finance, maintain,
or control any Federal or non-Federal political committee
other than a principal campaign committee of the candidate,
authorized committee, party committee, or other political
committee designated in accordance with paragraph (3). A
candidate for more than one Federal office may designate a
separate principal campaign committee for each Federal
office. This paragraph shall not preclude a Federal
officeholder who is a candidate for State or local office
from establishing, financing, maintaining, or controlling a
political committee for election of the individual to such
State or local office.
``(B) For 2 years after the effective date of this
paragraph, any political committee established before such
date but which is prohibited under subparagraph (A) may
continue to make contributions. At the end of that period
such political committee shall disburse all funds by one or
more of the following means: making contributions to an
entity qualified under section 501(c)(3) of the Internal
Revenue Code of 1986; making a contribution to the treasury
of the United States; contributing to the national, State or
local committees of a political party; or making
contributions not to exceed $1,000 to candidates for elective
office.''.
SEC. 702. APPEARANCE BY FEDERAL ELECTION COMMISSION AS AMICI
CURIAE.
Section 306(f) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437c(f)) is amended by striking out paragraph (4)
and inserting in lieu thereof the following new paragraph:
``(4)(A) Notwithstanding the provisions of paragraph (2),
or of any other provision of law, the Commission is
authorized to appear on its own behalf in any action related
to the exercise of its statutory duties or powers in any
court as either a party or as amicus curiae, either--
``(i) by attorneys employed in its office, or
``(ii) by counsel whom it may appoint, on a temporary basis
as may be necessary for such purpose, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and whose
compensation it may fix without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title.
The compensation of counsel so appointed on a temporary basis
shall be paid out of any funds otherwise available to pay the
compensation of employees of the Commission.
``(B) The authority granted under subparagraph (A) includes
the power to appeal from, and petition the Supreme Court for
certiorari to review, judgments or decrees entered with
respect to actions in which the Commission appears pursuant
to the authority provided in this section.''.
SEC. 703. PROHIBITING SOLICITATION OF CONTRIBUTIONS BY
MEMBERS IN HALL OF THE HOUSE OF
REPRESENTATIVES.
(a) In General.--A Member of the House of Representatives
may not solicit or accept campaign contributions in the Hall
of the House of Representatives, rooms leading thereto, or
the cloakrooms.
(b) Definition.--In subsection (a), the term ``Member of
the House of Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, Congress.
(c) Exercise of Rulemaking Authority.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives, and as such this section is deemed a part of
the rules of the House of Representatives and supersedes
other rules only to the extent inconsistent therewith; and
(2) with full recognition of the constitutional right of
the House of Representatives to change the rule at any time,
in the same manner and to the same extent as in the case of
any other rule of the House of Representatives.
TITLE VIII--EFFECTIVE DATES; AUTHORIZATIONS
SEC. 801. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments
made by, and the provisions
[[Page 1730]]
of, this Act shall take effect on the date of the enactment
of this Act, but shall not apply with respect to activities
in connection with any election occurring before January 1,
1997.
SEC. 802. SEVERABILITY.
(a) In General.--Except as otherwise provided in this
section, if any provision of this Act (including any
amendment made by this Act), or the application of any such
provision to any person or circumstance, is held invalid, the
validity of any other provision of this Act, or the
application of such provision to other persons and
circumstances, shall not be affected thereby.
(b) Exceptions.--If any provision of subtitle A of title V
of the Federal Election Campaign Act of 1971 (as added by
title I) is held to be invalid, all provisions of such
subtitle, and the amendment made by section 122, shall be
treated as invalid.
SEC. 803. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.
(a) Direct Appeal to Supreme Court.--An appeal may be taken
directly to the Supreme Court of the United States from any
final judgment, decree, or order issued by any court finding
any provision of this Act or amendment made by this Act to be
unconstitutional.
(b) Acceptance and Expedition.--The Supreme Court shall, if
it has not previously ruled on the question addressed in the
ruling below, accept jurisdiction over, advance on the
docket, and expedite the appeal to the greatest extent
possible.
SEC. 804. REGULATIONS.
The Federal Election Commission shall prescribe any
regulations required to carry out the provisions of this Act
within 12 months after the effective date of this Act.
It was decided in the
Yeas
177
<3-line {>
negative
Nays
243
para.94.20 [Roll No. 363]
AYES--177
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clayton
Clement
Clyburn
Coburn
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Dicks
Dingell
Dixon
Doggett
Doyle
Duncan
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Quinn
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--243
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bilbray
Bliley
Boehner
Bonilla
Bono
Boucher
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clinger
Coble
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kildee
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NOT VOTING--14
Bevill
Coleman
Collins (IL)
Deutsch
Ford
Hastings (FL)
Hayes
Lincoln
McDade
Peterson (FL)
Quillen
Roth
Tanner
Young (FL)
So the amendment in the nature of a substitute was not agreed to.
The SPEAKER pro tempore, Mr. DREIER, assumed the Chair.
When Mr. INGLIS, Chairman, pursuant to House Resolution 481, reported
the bill back to the House as amended by the adoption of said
resolution.
The previous question having been ordered by said resolution.
Pursuant to House Resolution 481, the following text of the bill, as
amended by the adoption of said resolution, was considered adopted in
the House and in the Committee of the Whole House on the state of the
Union:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Campaign
Finance Reform Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--RESTORING CONTROL OF ELECTIONS TO INDIVIDUALS
Sec. 101. Requiring majority of House of Representatives candidate
funds to come from individuals residing in district.
Sec. 102. Reduction in allowable contribution amounts for political
action committees; Revision of limitations on amounts of
other contributions.
Sec. 103. Modification of limitations on contributions when candidates
spend or contribute large amounts of personal funds.
Sec. 104. Indexing limits on contributions.
Sec. 105. Prohibition of leadership committees.
Sec. 106. Prohibiting bundling of contributions to candidates by
political action committees and lobbyists.
Sec. 107. Definition of independent expenditures.
Sec. 108. Requirements for use of payroll deductions for contributions.
TITLE II--STRENGTHENING POLITICAL PARTIES
Sec. 201. Limitation amount for contributions to state political
parties.
Sec. 202. Allowing political parties to offset funds carried over from
previous elections.
Sec. 203. Prohibiting use of non-Federal funds in Federal elections.
Sec. 204. Permitting parties to have unlimited communication with
members.
Sec. 205. Promoting State and local party volunteer and grassroots
activity.
TITLE III--DISCLOSURE AND ENFORCEMENT
Sec. 301. Timely reporting and increased disclosure.
Sec. 302. Streamlining procedures and rules of Federal Election
Commission.
TITLE IV--WORKER RIGHT TO KNOW
Sec. 401. Findings.
Sec. 402. Purpose.
Sec. 403. Worker choice.
Sec. 404. Worker consent.
Sec. 405. Worker notice.
[[Page 1731]]
Sec. 406. Disclosure to workers.
Sec. 407. Construction.
Sec. 408. Effective date.
TITLE V--GENERAL PROVISIONS
Sec. 501. Effective date.
Sec. 502. Severability.
Sec. 503. Expedited court review.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Our republican form of government is strengthened when
voters choose their representatives in elections that are
free of corruption or the appearance of corruption.
(2) Corruption or the appearance of corruption in elections
may evidence itself in many ways:
(A) Voters who democratically elect representatives must
believe they are fairly represented by those they elect. The
current election laws have led many to believe that the
interests of those who actually vote for their
representatives are less important than those who cannot
vote, but who can influence an election by their
contributions to the candidates.
(B) Failure to disclose, or timely disclose, those who
contribute and how much they contribute unnecessarily
withholds information voters need to cast ballots with
complete confidence, thereby increasing the belief of, or the
appearance of, corruption.
(C) The diminishing role of political parties, despite
parties' long-standing role in advancing broad national
agendas, in assisting the election of party candidates, and
in organizing members, has relatively enhanced groups that
pursue narrower interests. This relative shift of influence
has been interpreted by some as corrupting the election
process.
(D) Complicated and obsolete election laws and rules
discourage citizens from becoming candidates, allow for
coerced involuntary payments for political purposes, fail to
keep contribution amounts current with inflation, and fail to
provide reasonable compensating contribution limits for
candidates who run against candidates who wish to exercise
their constitutional right of spending their own resources.
The current state of laws and rules is such that if they do
not corrupt, at the very least they unduly hinder fair,
honest, and competitive elections.
TITLE I--RESTORING CONTROL OF ELECTIONS TO INDIVIDUALS
SEC. 101. REQUIRING MAJORITY OF HOUSE OF REPRESENTATIVES
CANDIDATE FUNDS TO COME FROM INDIVIDUALS
RESIDING IN DISTRICT.
(a) In General.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at
the end the following new subsection:
``(i)(1) A candidate for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress may not
accept contributions with respect to an election cycle from
persons other than local individual residents totaling in
excess of the total of contributions accepted from local
individual residents (as determined on the basis of the most
recent information included in reports pursuant to section
304(d).
``(2) In determining the amount of contributions accepted
by a candidate for purposes of this subsection, contributions
of the candidate's personal funds shall be subject to the
following rules:
``(A) To the extent that the amount of the contribution
does not exceed the limitation on contributions made by an
individual under subsection (a)(1)(A), such contribution
shall be treated as any other contribution.
``(B) The portion (if any) of the contribution which
exceeds the limitation on contributions which may be made by
an individual under subsection (a)(1)(A) shall be allocated
in accordance with paragraph (8).
``(3) In determining the amount of contributions accepted
by a candidate for purposes of this subsection, contributions
from a political party or a political party committee shall
be allocated in accordance with paragraph (8).
``(4) In determining the amount of contributions accepted
by a candidate for purposes of this subsection, any funds
remaining in the candidate's campaign account after the
filing of the post-general election report under section
304(a)(2)(A)(ii) for the most recent general election shall
be allocated in accordance with paragraph (8).
``(5) In determining the amount of contributions accepted
by a candidate for purposes of this subsection, any
contributions accepted pursuant to subsection (j) which are
from persons other than local individual residents shall be
allocated in accordance with paragraph (8).
``(6)(A) Any candidate who accepts contributions that
exceed the limitation under this subsection, as determined on
the basis of information included in reports pursuant to
section 304(d), shall pay to the Commission at the time of
the filing of the report which contains the information, for
deposit in the Treasury, an amount equal to 3 times the
amount of the excess contributions (or, in the case of a
candidate described in subparagraph (C), an amount equal to 5
times the amount of the excess contributions plus a civil
penalty in an amount determined by the Commission).
``(B) Any amounts paid by a candidate under this paragraph
shall be paid from contributions subject to the limitations
and prohibitions of this title, including the limitation
under this subsection.
``(C) A candidate described in this subparagraph is a
candidate who accepts contributions that exceed the
limitation under this subsection as of the last day of the
period ending on the 20th day before an election or any
period ending after such 20th day and before or on the 20th
day after such election.
``(7) As used in this subsection, the term `local
individual resident' means an individual who resides in the
congressional district involved.
``(8) For purposes of this subsection, any amounts
allocated in accordance with this paragraph shall be
allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be
contributions from local individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than local individual
residents.''.
(b) Reporting Requirements.--Section 304 of such Act (2
U.S.C. 434) is amended by adding at the end the following new
subsection:
``(d) Each principal campaign committee of a candidate for
the House of Representatives shall include the following
information in reports filed under subsection (a)(2) and
subsection (a)(6)(A):
``(1) With respect to each report filed under such
subsection--
``(A) the total contributions received by the committee
with respect to the election cycle involved from local
individual residents (as defined in section 315(i)(7)), as of
the last day of the period covered by the report;
``(B) the total contributions received by the committee
with respect to the election cycle involved which are not
from local individual residents, as of the last day of the
period covered by the report; and
``(C) a certification as to whether the contributions
reported comply with the limitation under section 315(i), as
of the last day of the period covered by the report.
``(2) In the case of the first report filed under such
subsection which covers the period which begins 19 days
before an election and ends 20 days after the election--
``(A) the total contributions received by the committee
with respect to the election cycle involved from local
individual residents (as defined in section 315(i)(7)), as of
the last day of such period;
``(B) the total contributions received by the committee
with respect to the election cycle involved which are not
from local individual residents, as of the last day of such
period; and
``(C) a certification as to whether the contributions
reported comply with the limitation under section 315(i), as
of the last day of such period.''.
SEC. 103. MODIFICATION OF LIMITATIONS ON CONTRIBUTIONS WHEN
CANDIDATES SPEND OR CONTRIBUTE LARGE AMOUNTS OF
PERSONAL FUNDS.
(a) In General.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a), as amended by section
101(a), is further amended by adding at the end the following
new subsection:
``(j)(1) Notwithstanding subsection (a), if in a general
election a House candidate makes expenditures of personal
funds (including contributions by the candidate to the
candidate's authorized campaign committee) in an amount in
excess of the amount of the limitation established under
subsection (a)(1)(A) and less than or equal to $150,000 (as
reported under section 304(a)(2)(A)), a political party
committee may make contributions to an opponent of the House
candidate without regard to any limitation otherwise
applicable to such contributions under subsection (a), except
that the opponent may not accept aggregate contributions
under this paragraph in an amount greater than the greatest
amount of personal funds expended (including contributions to
the candidate's authorized campaign committee) by any House
candidate (other than such opponent) with respect to the
election (as reported in a notification submitted under
section 304(a)(6)(B)).
``(2) If a House candidate makes expenditures of personal
funds (including contributions by the candidate to the
candidate's authorized campaign committee) with respect to an
election in an amount greater than $150,000 (as reported
under section 304(a)(2)(A)), the following rules shall apply:
``(A) In the case of a general election, the limitations
under subsections (a)(1), (a)(2), and (a)(3) (insofar as such
limitations apply to political party committees and to
individuals, and to other political committees to the extent
that the amount contributed does not exceed 10 times the
amount of the limitation otherwise applicable under such
subsection) shall not apply to contributions to the candidate
or to any opponent of the candidate, except that neither the
candidate or any opponent may accept aggregate contributions
under this subparagraph and paragraph (1) in an amount
greater than the greatest amount of personal funds (including
contributions to the candidate's authorized campaign
committee) expended by any House candidate with respect to
the election (as reported in a notification submitted under
section 304(a)(6)(B)).
``(B) In the case of an election other than a general
election, the limitations under subsections (a)(1) and (a)(2)
(insofar as such limitations apply to individuals and to
political committees other than political party committees to
the extent that the amount contributed does not exceed 10
times the amount of the limitation otherwise applicable under
such subsection) shall not apply to contributions to the
candidate or to any opponent of the candidate, except that
neither the candidate or any opponent may accept aggregate
contributions under this subparagraph in an amount greater
than the greatest amount of personal funds (including con
[[Page 1732]]
tributions to the candidate's authorized campaign committee)
expended by any House candidate with respect to the election
(as reported in a notification submitted under section
304(a)(6)(B)).
``(3) In this subsection, the term `House candidate' means
a candidate in an election for the office of Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(b) Notification of Expenditures of Personal Funds.--
Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is
amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) The principal campaign committee of a House
candidate (as defined in section 315(j)(3)) shall submit the
following notifications relating to expenditures of personal
funds by such candidate (including contributions by the
candidate to such committee):
``(I) A notification of the first such expenditure (or
contribution) by which the aggregate amount of personal funds
expended (or contributed) with respect to an election exceeds
the amount of the limitation established under section
315(a)(1)(A) for elections in the year involved.
``(II) A notification of each such expenditure (or
contribution) which, taken together with all such
expenditures (and contributions) in any amount not included
in the most recent report under this subparagraph, totals
$5,000 or more.
``(III) A notification of the first such expenditure (or
contribution) by which the aggregate amount of personal funds
expended with respect to the election exceeds the level
applicable under section 315(j)(2) for elections in the year
involved.
``(ii) Each of the notifications submitted under clause
(i)--
``(I) shall be submitted not later than 24 hours after the
expenditure or contribution which is the subject of the
notification is made;
``(II) shall include the name of the candidate, the office
sought by the candidate, and the date of the expenditure or
contribution and amount of the expenditure or contribution
involved; and
``(III) shall include the total amount of all such
expenditures and contributions made with respect to the same
election as of the date of expenditure or contribution which
is the subject of the notification.''.
SEC. 104. INDEXING LIMITS ON CONTRIBUTIONS.
(a) In General.--Section 315(c) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended by adding
at the end the following new paragraph:
``(3)(A) The amount of each limitation established under
subsection (a) shall be adjusted as follows:
``(i) For calendar year 1999, each such amount shall be
equal to the amount described in such subsection, increased
(in a compounded manner) by the percentage increase in the
price index (as defined in subsection (c)(2)) for 1997 and
1998.
``(ii) For calendar year 2001 and each second subsequent
year, each such amount shall be equal to the amount for the
second previous year (as adjusted under this subparagraph),
increased (in a compounded manner) by the percentage increase
in the price index for the previous year and the second
previous year.
``(B) In the case of any amount adjusted under this
subparagraph which is not a multiple of $500, the amount
shall be rounded to the nearest highest multiple of $500.''.
(b) Application of Indexing to Support of Candidate's
Committees.--Section 302(e)(3)(B) of such Act (2 U.S.C.
432(e)(3)(B)) is amended by adding at the end the following
new sentence: ``The amount described in the previous sentence
shall be adjusted (for years beginning with 1997) in the same
manner as the amounts of limitations on contributions under
section 315(a) are adjusted under section 315(c)(3).''.
(c) Application of Indexing to Provisions Relating to
Personal Funds.--
(1) In general.--Section 315(j) of such Act (2 U.S.C.
441a(j)), as added by section 103(a), is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) Each of the amounts provided under paragraph (1) or
(2) shall be adjusted for each biennial period beginning
after the 1998 general election in the same manner as the
amounts of limitations on contributions established under
subsection (a) are adjusted under subsection (c)(3).''.
(2) Conforming amendment.--Section 304(a)(6)(B)(i) of such
Act (2 U.S.C. 434(a)(6)(B)(i)), as added by section 103(b),
is amended by striking ``section 315(j)(3)'' and inserting
``section 315(j)(4)''.
SEC. 105. PROHIBITION OF LEADERSHIP COMMITTEES.
(a) Leadership Committee Prohibition.--Section 302 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 432) is
amended by adding at the end the following new subsection:
``(j) A candidate for Federal office or an individual
holding Federal office may not establish, maintain, finance,
or control a political committee, other than a principal
campaign committee of the candidate or the individual.''.
(b) Conforming Amendment Relating to Joint Fundraising.--
Section 302(e)(3)(A) of such Act (2 U.S.C. 432(e)(3)) is
amended by striking ``except
that--'' and all that follows and inserting the following:
``except that the candidate for the office of President
nominated by a political party may designate the national
committee of such political party as a principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its function as a
principal campaign committee.''.
(c) Effective Date; Transition Rule.--
(1) In general.--The amendments made by this section shall
apply with respect to elections occurring in years beginning
with 1997.
(2) Transition rule.--
(A) In general.--Notwithstanding section 302(j) of the
Federal Election Campaign Act of 1971 (as added by subsection
(a)), if a political committee established, maintained,
financed, or controlled by a candidate for Federal office or
an individual holding Federal office (other than a principal
campaign committee of the candidate or individual) with
respect to an election occurring during 1996 has funds
remaining unexpended after the 1996 general election, the
committee may make contributions or expenditures of such
funds with respect to elections occurring during 1997 or
1998.
(B) Disbanding committees; treatment of remaining funds.--
Any political committee described in subparagraph (A) shall
be disbanded after filing any post-election reports required
under section 304 of the Federal Election Campaign Act of
1971 with respect to the 1998 general election. Any funds of
such a committee which remain unexpended after the 1998
general election and before the date on which the committee
disbands shall be returned to contributors or available for
any lawful purpose other than use by the candidate or
individual involved with respect to an election for Federal
office.
SEC. 106. PROHIBITING BUNDLING OF CONTRIBUTIONS TO CANDIDATES
BY POLITICAL ACTION COMMITTEES AND LOBBYISTS.
Section 316 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(c)(1) No political action committee or person required
to register under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.) may act as an intermediary or conduit
with respect to a contribution to a candidate for Federal
office.
``(2) In this subsection, the term `political action
committee' means any political committee which is not--
``(A) the principal campaign committee of a candidate; or
``(B) a political party committee.''.
SEC. 107. DEFINITION OF INDEPENDENT EXPENDITURES.
Section 301 of the Federal Election Campaign Act of 1971 (2
U.S.C. 431) is amended by striking paragraph (17) and
inserting the following:
``(17)(A) The term `independent expenditure' means an
expenditure by a person for a communication expressly
advocating the election or defeat of a clearly identified
candidate which is not made with the cooperation or with the
prior consent of, or in consultation with, or at the request
or suggestion of, a candidate or any agent or authorized
committee of such candidate.
``(B) For purposes of this paragraph--
``(i) `expressly advocating the election or defeat' means
the use in the communication of explicit words such as `vote
for', `reelect', `support', `cast your ballot for', `vote
against', `defeat', or `reject', accompanied by a reference
in the communication to one or more clearly identified
candidates, or words such as `vote' for or against a position
on an issue, accompanied by a listing in the communication of
one or more clearly identified candidates described as for or
against a position on that issue;
``(ii) `which is not made with the cooperation or with the
prior consent of, or in consultation with, or at the request
or suggestion of, a candidate or any agent or authorized
committee of such candidate' refers to the expenditure in
question for the communication made by the person; and
``(iii) the term `agent' means any person who has actual
oral or written authority, either express or implied, to make
or authorize the making of expenditures on behalf of a
candidate.
``(C) An expenditure by a person for a communication which
does not contain explicit words expressly advocating the
election or defeat of a clearly identified candidate shall
not be considered an independent expenditure.''.
SEC. 108. REQUIREMENTS FOR USE OF PAYROLL DEDUCTIONS FOR
CONTRIBUTIONS.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``use of payroll deductions for contributions
``Sec. 323. (a) Requirements for Authorization of
Deduction.--
``(1) In general.--No amounts withheld from an individual's
wages or salary during a year may be used for any
contribution under this title unless there is in effect an
authorization in writing by the individual permitting the
withholding of such amounts for the contribution.
``(2) Period of authorization.--An authorization described
in this subsection may be in effect with respect to an
individual for such period as the individual may specify
(subject to cancellation under paragraph (3)),
[[Page 1733]]
except that the period may not be longer than 12 months.
``(3) Right of cancellation.--An individual with an
authorization in effect under this subsection may cancel or
revise the authorization at any time.
``(b) Information Provided by Withholding Entity.--
``(1) In general.--Each entity withholding wages or salary
from an individual with an authorization in effect under
subsection (a) shall provide the individual with a statement
that the individual may at any time cancel or revise the
authorization in accordance with subsection (a)(3).
``(2) Timing of notice.--The entity shall provide the
information described in paragraph (1) to an individual at
the beginning of each calendar year occurring during the
period in which the individual's authorization is in
effect.''.
TITLE II--STRENGTHENING POLITICAL PARTIES
SEC. 201. LIMITATION AMOUNT FOR CONTRIBUTIONS TO STATE
POLITICAL PARTIES.
Paragraphs (1)(B) and (2)(B) of section 315(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) are
each amended by inserting after ``national'' the following:
``or State''.
SEC. 202. ALLOWING POLITICAL PARTIES TO OFFSET FUNDS CARRIED
OVER FROM PREVIOUS ELECTIONS.
Section 315 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a), as amended by sections 101 and 103(a), is
further amended by adding at the end the following new
subsection:
``(k)(1) Subject to paragraph (2), if, in a general
election for Federal office, a candidate who is the incumbent
uses campaign funds carried forward from an earlier election
cycle, any political party committee may make contributions
to the nominee of that political party to match the funds so
carried forward by such incumbent. For purposes of this
paragraph, funds shall be considered to have been carried
forward if the funds represent cash on hand as reported in
the applicable post-general election report filed under
section 304(a) for the general election involved, plus any
amount expended on or before the filing of the report for a
later election, less legitimate outstanding debts relating to
the previous election up to the amount reported.
``(2) The political party contributions under paragraph (1)
may be made without regard to any limitation amount otherwise
applicable to such contributions made under subsections (a)
or (i), but a candidate may not accept contributions under
this subsection in excess of the total of funds carried
forward by the incumbent candidate.''.
SEC. 203. PROHIBITING USE OF NON-FEDERAL FUNDS IN FEDERAL
ELECTIONS.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.), as amended by section 108, is further
amended by adding at the end the following new section:
``restrictions on use of non-federal funds
``Sec. 324. (a) Prohibiting Use of Funds in Federal
Elections.--No funds may be expended by a political party
committee for the purpose of influencing an election for
Federal office unless the funds are subject to the
limitations and prohibitions of this Act, except as may be
provided in this section.
``(b) Restrictions on Use of Funds for Mixed Activities.--
``(1) Prohibiting use by national party committees.--A
national committee of a political party (including any
subordinate committee thereof) may not use any funds which
are not subject to the limitations and prohibitions of this
Act for any mixed activity.
``(2) Mixed activity defined.--In this subsection, the term
`mixed activity' means any activity which is both for the
purpose of influencing an election for Federal office and for
any purpose unrelated to influencing an election for Federal
office, including voter registration, absentee ballot
programs, and get-out-the-vote programs, but does not include
the payment of any administrative or overhead costs,
including salaries (other than payments made to individuals
for get-out-the-vote activities conducted on the day of an
election), rent, fundraising, or communications to members of
a political party.
``(c) Restrictions on Use of Funds for Mixed Candidate-
Specific Activities.--
``(1) Requiring allocation among candidates.--A political
party committee may use funds which are not subject to the
limitations and prohibitions of this Act for mixed candidate-
specific activities if the funds are allocated among the
candidates involved on the basis of the time and space
allocated to the candidates.
``(2) Mixed candidate-specific activity defined.--In this
subsection, the term `mixed candidate-specific activity'
means any activity which is both for the purpose of promoting
a specific candidate or candidates in an election for Federal
office and for the purpose of promoting a specific candidate
or candidates in any other election.''.
SEC. 204. PERMITTING PARTIES TO HAVE UNLIMITED COMMUNICATION
WITH MEMBERS.
(a) In General.--Section 315(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended by adding
at the end the following new paragraph:
``(4)(A) For purposes of applying the limitations
established under paragraphs (2) and (3), in determining the
amount of expenditures made by a national committee of a
political party or a State committee of a political party
(including any subordinate committee of a State committee),
there shall be excluded any amounts expended by the committee
for communications to the extent the communications are made
to members of the party.
``(B) For purposes of subparagraph (A), an individual shall
be considered to be a `member' of a political party if any of
the following apply:
``(i) The individual is registered to vote as a member of
the party.
``(ii) There is a public record that the individual voted
in the primary of the party during the most recent primary
election.
``(iii) The individual has made a contribution to the party
and the contribution has been reported to the Commission (in
accordance with this Act) or to a State reporting agency.
``(iv) The individual has indicated in writing that the
individual is a member of the party.''.
(b) Funds Available for Party Communications.--Section 324
of such Act, as added by section 203, is amended by adding at
the end the following new subsection:
``(d) Funds for Party Communications With Members.--
Subsection (a) shall not apply with respect to funds expended
by a political party for communications to the extent the
communications are made to members of the party (as
determined in accordance with section 315(d)(4)), except that
any communications which are both for the purpose of
expressly advocating the election or defeat of a specific
candidate for election to Federal office and for any other
purpose shall be subject to allocation in the same manner as
funds expended for mixed candidate-specific activities under
subsection (c).''.
SEC. 205. PROMOTING STATE AND LOCAL PARTY VOLUNTEER AND
GRASSROOTS ACTIVITY.
(a) Encouraging State and Local Party Activities.--
(1) Contributions.--Section 301(8)(B) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is
amended--
(A) by striking ``and'' at the end of clause (xiii);
(B) by striking the period at the end of clause (xiv) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xv) the payment by a State or local committee of a
political party for any of the following activities:
``(I) The listing of the slate of the party's candidates,
including the communication of the slate to the public.
``(II) The mailing of materials for or on behalf of
specific candidates by volunteers (including labeling
envelopes or affixing postage or other indicia to particular
pieces of mail), other than the mailing of materials to a
commercial list.
``(III) Conducting a telephone bank for or on behalf of
specific candidates staffed by volunteers.
``(IV) The distribution of collateral materials (such as
pins, bumper stickers, handbills, brochures, posters, party
tabloids, and yard signs) for or on behalf of specific
candidates (whether by volunteers or otherwise).''.
(2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C.
431(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xi) the payment by a State or local committee of a
political party for any of the following activities:
``(I) The listing of the slate of the party's candidates,
including the communication of the slate to the public.
``(II) The mailing of materials for or on behalf of
specific candidates by volunteers (including labeling
envelopes or affixing postage or other indicia to particular
pieces of mail), other than the mailing of materials to a
commercial list.
``(III) Conducting a telephone bank for or on behalf of
specific candidates staffed by volunteers.
``(IV) The distribution of collateral materials (such as
pins, bumper stickers, handbills, brochures, posters, party
tabloids, and yard signs) for or on behalf of specific
candidates (whether by volunteers or otherwise).''.
(3) Conforming amendments.--(A) Section 301(8)(B)(x) of
such Act (2 U.S.C. 431(8)(B)(x)) is amended by striking ``in
connection with volunteer activities on behalf of nominees of
such party'' and inserting ``in connection with State or
local activities, other than any payment described in clause
(xv)''.
(B) Section 301(9)(B)(viii) of such Act (2 U.S.C.
431(9)(B)(viii)) is amended by striking ``in connection with
volunteer activities on behalf of nominees of such party''
and inserting ``in connection with State or local activities,
other than any payment described in clause (xi)''.
(b) Funds Available for Activities.--
(1) Permitting use of non-federal funds for mixed
activities.--Section 324(b) of such Act, as added by section
203, is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Use by state or local party committees.--A State,
local, or district committee of a political party (including
any subordinate committee thereof) may use funds which are
not subject to the limitations and prohibitions of this Act
for mixed activity if the funds are allocated in accordance
with the process described in subsection (g).''.
[[Page 1734]]
(2) Funds available for state and local parties.--Section
324 of such Act, as added by section 203 and as amended by
section 204(b), is amended by adding at the end the following
new subsection:
``(e) Funds Available for State and Local Party Volunteer
and Grassroots Activities.--Subsection (a) shall not apply
with respect to payments described in section 301(8)(B)(xv)
or section 301(9)(B)(xi), except that any payments which are
both for the purpose of expressly advocating the election or
defeat of a specific candidate for election to Federal office
and for any other purpose shall be subject to allocation in
the same manner as funds expended for mixed candidate-
specific activities under subsection (c).''.
(3) Treatment of intra-party transfers.--Section 324 of
such Act, as added by section 203 and as amended by section
204(b) and paragraph (2), is amended by adding at the end the
following new subsection:
``(f) Rule of Construction Regarding Intra-Party
Transfers.--Nothing in this section shall be construed to
prohibit the transfer between and among national, State, or
local party committees (including any subordinate committees
thereof) of funds which are not subject to the limitations
and prohibitions of this Act.''.
(4) Allocation procedures described.--Section 324 of such
Act, as added by section 203 and as amended by section 204(b)
and paragraphs (2) and (3), is amended by adding at the end
the following new subsection:
``(g) State and Local Party Committees; Method for
Allocating Expenditures for Mixed Activities.--
``(1) General rule.--All State and local party committees
except those covered by paragraph (2) shall allocate their
expenses for mixed activities, as described in subsection
(b)(2), according to the ballot composition method described
as follows:
``(A) Under this method, expenses shall be allocated based
on the ratio of Federal offices expected on the ballot to
total Federal and non-Federal offices expected on the ballot
in the next general election to be held in the committee's
State or geographic area. This ratio shall be determined by
the number of categories of Federal offices on the ballot and
the number of categories of non-Federal offices on the
ballot, as described in subparagraph (B).
``(B) In calculating a ballot composition ratio, a State or
local party committee shall count the Federal offices of
President, United States Senator, and United States
Representative, if expected on the ballot in the next general
election, as one Federal office each. The committee shall
count the non-Federal offices of Governor, State Senator, and
State Representative, if expected on the ballot in the next
general election, as one non-Federal office each. The
committee shall count the total of all other partisan
statewide executive candidates, if expected on the ballot in
the next general election, as a maximum of two non-Federal
offices. State party committees shall also include in the
ratio one additional non-Federal office if any partisan local
candidates are expected on the ballot in any regularly
scheduled election during the 2 year congressional election
cycle. Local party committees shall also include in the ratio
a maximum of 2 additional non-Federal offices if any partisan
local candidates are expected on the ballot in any regularly
scheduled election during the 2 year congressional election
cycle. State and local party committees shall also include in
the ratio 1 additional non-Federal office.
``(2) Exception for states that do not hold federal and
non-federal elections in the same year.--State and local
party committees in states that do not hold Federal and non-
Federal elections in the same year shall allocate the costs
of mixed activities according to the ballot composition
method described in paragraph (1), based on a ratio
calculated for that calendar year.''.
TITLE III--DISCLOSURE AND ENFORCEMENT
SEC. 301. TIMELY REPORTING AND INCREASED DISCLOSURE.
(a) Deadline for Filing.--
(1) Requiring reports for all contributions made within 20
days of election; requiring reports to be made within 24
hours.--Section 304(a)(6)(A) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended--
(A) by striking ``after the 20th day, but more than 48
hours before any election'' and inserting ``during the period
which begins on the 20th day before an election and ends at
the time the polls close for such election''; and
(B) by striking ``48 hours'' the second place it appears
and inserting the following: ``24 hours (or, if earlier, by
midnight of the day on which the contribution is
deposited)''.
(2) Requiring actual delivery by deadline.--
(A) In general.--Section 304(a)(6) of such Act (2 U.S.C.
434(a)(6)), as amended by section 103(b), is further amended
by adding at the end the following new subparagraph:
``(D) Notwithstanding paragraph (5), the time at which a
notification or report under this paragraph is received by
the Secretary, the Commission, or any other recipient to whom
the notification is required to be sent shall be considered
the time of filing of the notification or report with the
recipient.''.
(B) Conforming amendment.--Section 304(a)(5) of such Act (2
U.S.C. 434(a)(5)) is amended by striking ``paragraph
(2)(A)(i) or (4)(A)(ii)'' and inserting ``paragraphs
(2)(A)(i), (4)(A)(ii), or (6))''.
(b) Increasing Electronic Disclosure.--Section 304(a)(6) of
such Act (2 U.S.C. 434(a)(6)), as amended by section 103(b)
and subsection (a)(2)(A), is further amended by adding at the
end the following new subparagraph:
``(E)(i) The Commission shall make the information
contained in the reports submitted under this paragraph
available on the Internet and publicly available at the
offices of the Commission as soon as practicable (but in no
case later than 24 hours) after the information is received
by the Commission.
``(ii) In this subparagraph, the term `Internet' means the
international computer network of both Federal and non-
Federal interoperable packet-switched data networks.''.
(c) Change in Certain Reporting From a Calendar Year Basis
to an Election Cycle Basis.--Section 304(b) of such Act (2
U.S.C. 434(b)) is amended by inserting ``(or election cycle,
in the case of an authorized committee of a candidate for
Federal office)'' after ``calendar year'' each place it
appears in paragraphs (2), (3), (4), (6), and (7).
(d) Clarification of Permissible Use of Facsimile Machines
To File Reports.--Section 304(a)(11)(A) of such Act (2 U.S.C.
434(a)(11)) is amended by striking ``method,'' and inserting
``method (including by facsimile device in the case of any
report required to be filed within 24 hours after the
transaction reported has occurred),''.
(e) Requiring Receipt of Independent Expenditure Reports
Within 24 Hours.--
(1) In general.--Section 304(c)(2) of such Act (2 U.S.C.
434(c)(2)) is amended in the matter following subparagraph
(C)--
(A) by striking ``shall be reported'' and inserting ``shall
be filed''; and
(B) by adding at the end the following new sentence:
``Notwithstanding subsection (a)(5), the time at which the
statement under this subsection is received by the Secretary,
the Commission, or any other recipient to whom the
notification is required to be sent shall be considered the
time of filing of the statement with the recipient.''.
(2) Conforming amendment.--Section 304(a)(5) of such Act (2
U.S.C. 434(a)(5)), as amended by subsection (a)(2)(B), is
further amended by striking ``or (6)'' and inserting ``or
(6), or subsection (c)(2)''.
(f) Requiring Record Keeping and Report of Secondary
Payments by Campaign Committees.--
(1) Reporting.--Section 304(b)(5)(A) of such Act (2 U.S.C.
434(b)(5)(A)) is amended by striking the semicolon at the end
and inserting the following: ``, and, if such person in turn
makes expenditures which aggregate $500 or more in an
election cycle to other persons (not including employees) who
provide goods or services to the candidate or the candidate's
authorized committees, the name and address of such other
persons, together with the date, amount, and purpose of such
expenditures;''.
(2) Record keeping.--Section 302 of such Act (2 U.S.C.
432), as amended by section 105(a), is further amended by
adding at the end the following new subsection:
``(k) A person described in section 304(b)(5)(A) who makes
expenditures which aggregate $500 or more in an election
cycle to other persons (not including employees) who provide
goods or services to a candidate or a candidate's authorized
committees shall provide to a political committee the
information necessary to enable the committee to report the
information described in such section.''.
(3) No effect on other reports.--Nothing in the amendments
made by this subsection may be construed to affect the terms
of any other recordkeeping or reporting requirements
applicable to candidates or political committees under title
III of the Federal Election Campaign Act of 1971.
(g) Including Report on Cumulative Contributions and
Expenditures in Post Election Reports.--Section 304(a)(7) of
such Act (2 U.S.C. 434(a)(7)) is amended--
(1) by striking ``(7)'' and inserting ``(7)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) In the case of any report required to be filed by
this subsection which is the first report required to be
filed after the date of an election, the report shall include
a statement of the total contributions received and
expenditures made as of the date of the election.''.
(h) Including Information on Aggregate Contributions in
Report on Itemized Contributions.--Section 304(b)(3) of such
Act (2 U.S.C. 434(b)(3)) is amended--
(1) in subparagraph (A), by inserting after ``such
contribution'' the following: ``and the total amount of all
such contributions made by such person with respect to the
election involved''; and
(2) in subparagraph (B), by inserting after ``such
contribution'' the following: ``and the total amount of all
such contributions made by such committee with respect to the
election involved''.
SEC. 302. STREAMLINING PROCEDURES AND RULES OF FEDERAL
ELECTION COMMISSION.
(a) Standards for Commission Regulation and Judicial
Interpretation.--Section 307 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437d) is amended by adding at the end
the following new subsection:
``(f)(1) When developing prescribed forms and making,
amending, or repealing rules pursuant to the authority
granted to the Commission by subsection (a)(8), the
Commission shall act in a manner that will have the least
restrictive effect on the rights of free speech and
association so protected by
[[Page 1735]]
the First Article of Amendment to the Constitution of the
United States.
``(2) When the Commission's actions under paragraph (1) are
challenged, a reviewing court shall hold unlawful and set
aside any actions of the Commission that do not conform with
the principles set forth in paragraph (1).''.
(b) Written Responses to Questions.--
(1) In general.--Title III of such Act (2 U.S.C. 431 et
seq.) is amended by inserting after section 308 the following
new section:
``other written responses to questions
``Sec. 308A. (a) Permitting Responses.--In addition to
issuing advisory opinions under section 308, the Commission
shall issue written responses pursuant to this section with
respect to a written request concerning the application of
this Act, chapter 95 or chapter 96 of the Internal Revenue
Code of 1986, a rule or regulation prescribed by the
Commission, or an advisory opinion issued by the Commission
under section 308, with respect to a specific transaction or
activity by the person, if the Commission finds the
application of the Act, chapter, rule, regulation, or
advisory opinion to the transaction or activity to be clear
and unambiguous.
``(b) Procedure for Response.--
``(1) Analysis by staff.--The staff of the Commission shall
analyze each request submitted under this section. If the
staff believes that the standard described in subsection (a)
is met with respect to the request, the staff shall circulate
a statement to that effect together with a draft response to
the request to the members of the Commission.
``(2) Issuance of response.--Upon the expiration of the 3-
day period beginning on the date the statement and draft
response is circulated (excluding weekends or holidays), the
Commission shall issue the response, unless during such
period any member of the Commission objects to issuing the
response.
``(c) Effect of Response.--
``(1) Safe harbor.--Notwithstanding any other provisions of
law, any person who relies upon any provision or finding of a
written response issued under this section and who acts in
good faith in accordance with the provisions and findings of
such response shall not, as a result of any such act, be
subject to any sanction provided by this Act or by chapter 95
or chapter 96 of the Internal Revenue Code of 1986.
``(2) No reliance by other parties.--Any written response
issued by the Commission under this section may only be
relied upon by the person involved in the specific
transaction or activity with respect to which such response
is issued, and may not be applied by the Commission with
respect to any other person or used by the Commission for
enforcement or regulatory purposes.
``(d) Publication of Requests and Responses.--The
Commission shall make public any request for a written
response made, and the responses issued, under this section.
In carrying out this subsection, the Commission may not make
public the identity of any person submitting a request for a
written response unless the person specifically authorizes to
Commission to do so.
``(e) Compilation of Index.--The Commission shall compile,
publish, and regularly update a complete and detailed index
of the responses issued under this section through which
responses may be found on the basis of the subjects included
in the responses.''.
(2) Conforming amendment.--Section 307(a)(7) of such Act (2
U.S.C. 437d(a)(7)) is amended by striking ``of this Act'' and
inserting ``and other written responses under section 308A''.
(c) Opportunity for Oral Arguments Before Commission.--
Section 309(a)(3) of such Act (2 U.S.C. 437g(a)(3)) is
amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) If a respondent submits a brief under subparagraph
(A), the respondent may submit (at the time of submitting the
brief) a request to present an oral argument in support of
the respondent's brief before the Commission. If at least 2
members of the Commission approve of the request, the
respondent shall be permitted to appear before the Commission
in open session and make an oral presentation in support of
the brief and respond to questions of members of the
Commission. Such appearance shall take place at a time
specified by the Commission during the 30-day period which
begins on the date the request is approved, and the
Commission may limit the length of the respondent's
appearance to such period of time as the Commission considers
appropriate. Any information provided by the respondent
during the appearance shall be considered by the Commission
before proceeding under paragraph (4).''.
(d) Index of Advisory Opinions.--
(1) In general.--Section 308 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437f) is amended by adding at
the end the following new subsection:
``(e) The Commission shall compile, publish, and regularly
update a complete and detailed index of the advisory opinions
issued under this section through which opinions may be found
on the basis of the subjects included in the opinions.''.
(2) Effective date.--The Federal Election Commission shall
first publish the index of advisory opinions described in
section 308(e) of the Federal Election Campaign Act of 1971
(as added by paragraph (1)) not later than 60 days after the
date of the enactment of this Act.
(e) Standard for Initiation of Actions.--Section 309(a)(2)
of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(a)(2)) is amended by striking ``it has reason to
believe'' and all that follows through ``of 1954,'' and
inserting the following: ``it has a reason to investigate a
possible violation of this Act or of chapter 95 or chapter 96
of the Internal Revenue Code of 1986 that has occurred or is
about to occur (based on the same criteria applicable under
this paragraph prior to the enactment of the Campaign Finance
Reform Act of 1996),''.
(f) Application of Aggregate Contribution Limit on Calendar
Year Basis During Non-Election Years.--Section 315(a)(4) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4)) (as redesignated by section 102(b)(1)(A)) is
amended by striking the second sentence.
(g) Repeal Report by Secretary of Commerce on District-
Specific Voting Age Population.--Section 315(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(e)) is
amended by striking ``States, of each State, and of each
congressional district'' and inserting ``States and of each
State''.
(h) Commercially Reasonable Loans Not To Be Treated as
Contributions by Lender.--Section 301(8)(B)(vii) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
431(8)(B)(vii)) is amended--
(1) by striking ``or a depository'' and inserting ``a
depository''; and
(2) by inserting after ``Administration,'' the following:
``or any other commercial lender,''.
(i) Abolition of Ex Officio Membership of Clerk of House of
Representatives on Commission.--Section 306(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437c(a)) is amended--
(1) in paragraph (1), by striking ``and the Clerk'' and all
that follows through ``designees'' and inserting ``or the
designee of the Secretary''; and
(2) in paragraphs (3), (4), and (5), by striking ``and the
Clerk of the House of Representatives'' each place it
appears.
(j) Granting Commission Authority To Waive Reporting
Requirements.--Section 304 of such Act (2 U.S.C. 434), as
amended by section 101(b), is further amended by adding at
the end the following new subsection:
``(e) The Commission may by unanimous vote relieve any
person or category of persons of the obligation to file any
of the reports required by this section, or may change the
due dates of any of the reports required by this section, if
it determines that such action is consistent with the
purposes of this title. The Commission may waive requirements
to file reports or change due dates in accordance with this
subsection through a rule of general applicability or, in a
specific case, by notifying all the political committees
involved.''.
(k) Permitting Corporations To Communicate With All
Employees.--
(1) In general.--Section 316(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by
striking ``executive or administrative personnel'' each place
it appears in paragraphs (2)(A), (2)(B), (4)(A)(i), (4)(D),
and (5) and inserting ``officers or employees''.
(2) Conforming amendment.--Section 316(b) of such Act is
amended by striking paragraph (7).
(l) Permitting Unlimited Solicitations by Corporations or
Labor Organizations; Protecting Confidentiality of
Contributions Not Greater Than $100.--Section 316(b) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(3)),
as amended by subsection (k)(2), is amended--
(1) in paragraph (4)(A), by striking ``(B), (C),'' and
inserting ``(C)'';
(2) in paragraph (4)(A)(ii), by striking the period at the
end and inserting the following: ``, its officers or
employees and their families, employees who are not members
and their families, and officers, employees, or stockholders
of a corporation (and their families) in which the labor
organization represents members working for the
corporation.'';
(3) in paragraph (4), by striking subparagraph (B); and
(4) by adding at the end the following new paragraph:
``(7)(A) Any corporation or labor organization (or separate
segregated fund established by such a corporation or such a
labor organization) making solicitations of contributions
shall make such solicitations in a manner that ensures that
the corporation, organization, or fund cannot determine who
makes a contribution of $100 or less as a result of such
solicitation and who does not make such a contribution.
``(B) Subparagraph (A) shall not apply with respect to any
solicitation of contributions of a corporation from its
stockholders.''.
(m) Greater Protection Against Force and Reprisals.--
Section 316(b)(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(3)), is amended--
(1) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D); and
(2) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) for such a fund to cause another person to make a
contribution or expenditure by physical force, job
discrimination, financial reprisals, or the threat of force,
job discrimination, or financial reprisal;''.
(n) Requiring Complainant To Provide Notice to
Respondents.--Section 309(a)(1) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g(a)(1)) is amended by
striking the
[[Page 1736]]
third sentence and inserting the following: ``The complaint
shall include the names and addresses of persons alleged to
have committed such a violation. Within 5 days after receipt
of the complaint, the Commission shall provide written notice
of the complaint together with a copy of the complaint to
each person described in the previous sentence, except that
if the Commission determines that it is not necessary for a
person described in the previous sentence to receive a copy
of the complaint, the Commission shall provide the person
with written notice that the complaint has been filed,
together with written instructions on how to obtain a copy of
the complaint without charge from the Commission.''.
(o) Standard Form for Complaints; Stronger Disclaimer
Language.--
(1) Standard form.--Section 309(a)(1) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(1)) is
amended by inserting after ``shall be notarized,'' the
following: ``shall be in a standard form prescribed by the
Commission, shall not include (but may refer to) extraneous
materials,''.
(2) Disclaimer language.--Section 309(a)(1) of such Act (2
U.S.C. 437g(a)(1)) is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; and
(B) by adding at the end the following new subparagraph:
``(B) The written notice of a complaint provided by the
Commission under subparagraph (A) to a person alleged to have
committed a violation referred to in the complaint shall
include a cover letter (in a form prescribed by the
Commission) and the following statement: `The enclosed
complaint has been filed against you with the Federal
Election Commission. The Commission has not verified or given
official sanction to the complaint. The Commission will make
no decision to pursue the complaint for a period of at least
15 days from your receipt of this complaint. You may, if you
wish, submit a written statement to the Commission explaining
why the Commission should take no action against you based on
this complaint. If the Commission should decide to
investigate, you will be notified and be given further
opportunity to respond.'''.
(p) Banning Acceptance of Cash Contributions Greater Than
$100.--Section 315 of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a), as amended by sections 101, 103(a)(1),
and 202, is further amended by adding at the end the
following new subsection:
``(l) No candidate or political committee may accept any
contributions of currency of the United States or currency of
any foreign country from any person which, in the aggregate,
exceed $100.''.
(q) Appointment and Service of Staff Director and General
Counsel of Commission.--
(1) Appointment; length of term of service.--
(A) In general.--The first sentence of section 306(f)(1) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
437c(f)(1)) is amended by striking ``by the Commission'' and
inserting the following: ``by an affirmative vote of not less
than 4 members of the Commission and may not serve for a term
of more than 4 consecutive years without reappointment in
accordance with this paragraph''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply with respect to any individual serving as the
staff director or general counsel of the Federal Election
Commission on or after January 1, 1997, without regard to
whether or not the individual served as staff director or
general counsel prior to such date.
(2) Treatment of individuals filling vacancies; termination
of authority upon expiration of term.--Section 306(f)(1) of
such Act (2 U.S.C. 437c(f)(1)) is amended by inserting after
the first sentence the following new sentences: ``An
individual appointed as a staff director or general counsel
to fill a vacancy occurring other than by the expiration of a
term of office shall be appointed only for the unexpired term
of the individual he or she succeeds. An individual serving
as staff director or general counsel may not serve in any
capacity on behalf of the Commission after the expiration of
the individual's term unless reappointed in accordance with
this paragraph.''.
(3) Appointment of additional staff.--
(A) In general.--The last sentence of section 306(f)(1) of
such Act (2 U.S.C. 437c(f)(1)) is amended by inserting ``not
less than 4 members of'' after ``approval of''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply with respect to personnel appointed on or after
January 1, 1997.
(r) Encouraging Citizen Grassroots Activity on Behalf of
Federal Candidates.--
(1) Exemption of individual contributions under $100.--
Section 301(8)(B) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(8)(B)), as amended by section 205(a), is
further amended--
(A) by striking ``and'' at the end of clause (xiv);
(B) by striking the period at the end of clause (xv) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xvi) any payment of funds on behalf of a candidate
(whether in cash or in kind, but not including a direct
payment of cash to a candidate or a political committee of
the candidate) by an individual from the individual's
personal funds which in the aggregate does not exceed $100,
if the funds are used for activities carried out by the
individual or a member of the individual's family.''.
(2) Exemption of individual expenditures under $100.--
Section 301(9)(B) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(9)(B)), as amended by section 205(b), is
amended--
(A) by striking ``and'' at the end of clause (x);
(B) by striking the period at the end of clause (xi) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xii) any payment of funds on behalf of a candidate
(whether in cash or in kind, but not including a direct
payment of cash to a candidate or a political committee of
the candidate) by an individual from the individual's
personal funds which in the aggregate does not exceed $100,
if the funds are used for activities carried out by the
individual or a member of the individual's family.''.
(s) Permitting Partnerships To Solicit Contributions and
Pay Administrative Costs of Political Committees in Same
Manner as Corporations and Labor Unions.--
(1) Treatment of contributions.--Section 301(8)(B) of the
Federal Election Campaign Act (2 U.S.C. 431(8)(B)), as
amended by section 205(a) and subsection (r)(1), is amended--
(A) by striking ``and'' at the end of clause (xv);
(B) by striking the period at the end of clause (xvi) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xvii) any payment made or obligation incurred by a
partnership in the establishment and maintenance of a
political committee, the administration of such a political
committee, or the solicitation of contributions to such
committee.''.
(2) Treatment of expenditures.--Section 301(9)(B) of such
Act (2 U.S.C. 431(9)(B)), as amended by section 205(b) and
subsection (r)(2), is amended--
(A) by striking ``and'' at the end of clause (xi);
(B) by striking the period at the end of clause (xii) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xiii) any payment made or obligation incurred by a
partnership in the establishment and maintenance of a
political committee, the administration of such a political
committee, or the solicitation of contributions to such
committee.''.
TITLE IV--WORKER RIGHT TO KNOW
SEC. 401. FINDINGS.
The Congress finds the following:
(1) The United States Supreme Court announced in the
landmark decision, Communications Workers of America v. Beck
(487 U.S. 735), that employees who work under a union
security agreement, and are required to pay union dues as a
condition of employment, may not be forced to contribute
through such dues to union-supported political, legislative,
social, or charitable causes with which they disagree, and
may only be required to pay dues related to collective
bargaining, contract administration, and grievance adjustment
necessary to performing the duties of exclusive
representation.
(2) Little action has been taken by the National Labor
Relations Board to facilitate the ability of employees to
exercise their right to object to the use of their union dues
for political, legislative, social, or charitable purposes,
or other activities not necessary to performing the duties of
the exclusive representative of employees in dealing with
the employer on labor-management issues, and the Board
only recently issued its first ruling implementing the
Beck decision nearly 8 years after the Supreme Court
issued the opinion.
(3) The evolution of the right enunciated in the Beck
decision has diminished its meaningfulness because employees
are forced to forego critical workplace rights bearing on
their economic well-being in order to object to the use of
their dues for purposes unrelated to collective bargaining,
to rely on the very organization they are challenging to make
the determination regarding the amount of dues necessary to
the union's representational function, and do not have access
to clear and concise financial records that provide an
accurate accounting of how union dues are spent.
SEC. 402. PURPOSE.
The purpose of this title is to ensure that workers who are
required to pay union dues as a condition of employment have
adequate information about how the money they pay in dues to
a union is spent and to remove obstacles to the ability of
working people to exercise their right to object to the use
of their dues for political, legislative, social, or
charitable causes with which they disagree, or for other
activities not necessary to performing the duties of the
exclusive representative of the employees in dealing with the
employer on labor-management issues.
SEC. 403. WORKER CHOICE.
(a) Rights of Employees.--Section 7 of the National Labor
Relations Act (29 U.S.C. 157) is amended by striking
``membership'' and all that follows and inserting the
following: ``the payment to a labor organization of dues or
fees related to collective bargaining, contract
administration, or grievance adjustment necessary to
performing the duties of exclusive representation as a
condition of employment as authorized in section 8(a)(3).''.
(b) Unfair Labor Practices.--Section 8(a)(3) of such Act
(29 U.S.C. 158(a)(3)) is
[[Page 1737]]
amended by striking ``membership therein'' and inserting
``the payment to such labor organization of dues or fees
related to collective bargaining, contract administration, or
grievance adjustment necessary to performing the duties of
exclusive representation''.
SEC. 404. WORKER CONSENT.
(a) Written Agreement.--Section 8 of the National Labor
Relations Act (29 U.S.C. 158) is amended by adding at the end
the following:
``(h) An employee subject to an agreement between an
employer and a labor organization requiring the payment of
dues or fees to such organization as authorized in section
8(a)(3) may not be required to pay to such organization, nor
may such organization accept payment of, any dues or fees not
related to collective bargaining, contract administration, or
grievance adjustment necessary to performing the duties of
exclusive representation unless the employee has agreed to
pay such dues or fees in a signed written agreement that must
be renewed between the first day of September and the first
day of October of each year. Such signed written agreement
shall include a ratio of the dues or fees related to
collective bargaining, contract administration, or grievance
adjustment necessary to performing the duties of exclusive
representation and the dues or fees related to other
purposes.''.
(b) Written Assignment.--Section 302(c)(4) of the Labor
Management Relations Act, 1947 (29 U.S.C. 186(c)(4)) is
amended by inserting before the semicolon the following: ``:
Provided further, That no amount may be deducted for dues
unrelated to collective bargaining, contract administration,
or grievance adjustment necessary to performing the duties of
exclusive representation unless a written assignment
authorizes such a deduction''.
SEC. 405. WORKER NOTICE.
Section 8 of the National Labor Relations Act (29 U.S.C.
158), as amended by section 404(a), is further amended by
adding at the end the following:
``(i) An employer shall be required to post a notice, of
such size and in such form as the Board shall prescribe, in
conspicuous places in and about its plants and offices,
including all places where notices to employees are
customarily posted, informing employees of their rights under
section 7 of this Act and clarifying to employees that an
agreement requiring the payment of dues or fees to a labor
organization as a condition of employment as authorized in
subsection (a)(3) may only require that employees pay to such
organization any dues or fees related to collective
bargaining, contract administration, or grievance adjustment
necessary to performing the duties of exclusive
representation.''.
SEC. 406. DISCLOSURE TO WORKERS.
(a) Expenses Reporting.--Section 201(b) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
431(b)) is amended by adding at the end the following new
sentence: ``Every labor organization shall be required to
attribute and report expenses by function classification in
such detail as necessary to allow its members to determine
whether such expenses were related to collective bargaining,
contract administration, or grievance adjustment necessary to
performing the duties of exclusive representation or were
related to other purposes.''.
(b) Disclosure.--Section 201(c) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is
amended--
(1) by inserting ``and employees required to pay any dues
or fees to such organization'' after ``members''; and
(2) inserting ``or employee required to pay any dues or
fees to such organization'' after ``member'' each place it
appears.
(c) Regulations.--The Secretary of Labor shall prescribe
such regulations as are necessary to carry out the amendments
made by this section not later than 120 days after the date
of the enactment of this Act.
SEC. 407. CONSTRUCTION.
Nothing in this title shall be construed to affect section
14(b) of the National Labor Relations Act or the concurrent
jurisdiction of Federal district courts over claims that a
labor organization has breached its duty of fair
representation with regard to the collection or expenditure
of dues or fees.
SEC. 408. EFFECTIVE DATE.
This title shall take effect on the date of enactment,
except that the requirements contained in the amendments made
by sections 404 and 405 shall take effect 60 days after the
date of the enactment of this Act.
TITLE V--GENERAL PROVISIONS
SEC. 501. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall take effect January 1,
1997.
SEC. 502. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or the application thereof to any person or
circumstance, is held invalid, the validity of the remainder
of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.
SEC. 503. EXPEDITED COURT REVIEW.
(a) Right To Bring Action.--The Federal Election
Commission, a political committee under title III of the
Federal Election Campaign Act of 1971, or any individual
eligible to vote in any election for the office of President
of the United States may institute an action in an
appropriate district court of the United States (including an
action for declaratory judgment) as may be appropriate to
construe the constitutionality of any provision of this Act
or any amendment made by this Act.
(b) Hearing by Three-Judge Court.--Upon the institution of
an action described in subsection (a), a district court of
three judges shall immediately be convened to decide the
action pursuant to section 2284 of title 28, United States
Code. Such action shall be advanced on the docket and
expedited to the greatest extent possible.
(c) Appeal of Initial Decision to Supreme Court.--An appeal
may be taken directly to the Supreme Court of the United
States from any interlocutory order or final judgment,
decree, or order issued by the court of 3 judges convened
pursuant to subsection (b) in an action described in
subsection (a). Such appeal shall be brought not later than
20 days after the issuance by the court of the judgment,
decree, or order.
(d) Expedited Review by Supreme Court.--The Supreme Court
shall accept jurisdiction over, advance on the docket, and
expedite to the greatest extent possible an appeal taken
pursuant to subsection (c).
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
Mr. FAZIO moved to recommit the bill to the Committee on House
Oversight with instructions to report the bill back to the House
forthwith with the following amendments:
Strike section 107 and insert the following (and conform
the table of contents accordingly):
SEC. 107. CLARIFICATION OF DEFINITIONS RELATING TO
INDEPENDENT EXPENDITURES.
(a) Independent Expenditure Definition Amendment.--Section
301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431) is amended by striking paragraphs (17) and (18) and
inserting the following:
``(17)(A) The term `independent expenditure' means an
expenditure that--
``(i) contains express advocacy; and
``(ii) is made without the participation or cooperation of
and without consultation with a candidate or a candidate's
representative.
``(B) The following shall not be considered an independent
expenditure:
``(i) An expenditure made by an authorized committee of a
candidate for Federal office.
``(ii) An expenditure if there is any arrangement,
coordination, or direction with respect to the expenditure
between the candidate or the candidate's agent and the person
making the expenditure.
``(iii) An expenditure if, in the same election cycle, the
person making the expenditure is or has been--
``(I) authorized to raise or expend funds on behalf of the
candidate or the candidate's authorized committees; or
``(II) serving as a member, employee, or agent of the
candidate's authorized committees in an executive or
policymaking position.
``(iv) An expenditure if the person making the expenditure
retains the professional services of any individual or other
person also providing services in the same election cycle to
the candidate in connection with the candidate's pursuit of
nomination for election, or election, to Federal office,
including any services relating to the candidate's decision
to seek Federal office. For purposes of this clause, the term
`professional services' shall include any services (other
than legal and accounting services solely for purposes of
ensuring compliance with any Federal law) in support of any
candidate's or candidates' pursuit of nomination for
election, or election, to Federal office.
For purposes of this subparagraph, the person making the
expenditure shall include any officer, director, employee, or
agent of such person.
``(18)(A) The term `express advocacy' means, when a
communication is taken as a whole and with limited reference
to external events, an expression of support for or
opposition to a specific candidate, to a specific group of
candidates, or to candidates of a particular political party.
``(B) The term `expression of support for or opposition to'
includes a suggestion to take action with respect to an
election, such as to vote for or against, make contributions
to, or participate in campaign activity, or to refrain from
taking action.''.
(b) Contribution Definition Amendment.--Section 301(8)(A)
of such Act (2 U.S.C. 431(8)(A)) is amended--
(1) in clause (i), by striking ``or'' after the semicolon
at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment or other transaction referred to in
paragraph (17)(A)(i) that is not an independent expenditure
under paragraph (17).''.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. DREIER, announced that the nays had it.
Mr. FAZIO demanded a recorded vote on agreeing to said motion, which
de
[[Page 1738]]
mand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
209
<3-line {>
negative
Nays
212
para.94.21 [Roll No. 364]
AYES--209
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bass
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Blute
Boehlert
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Riggs
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--212
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NOT VOTING--13
Bevill
Coleman
Collins (IL)
Ford
Hastings (FL)
Hayes
Lincoln
McDade
Peterson (FL)
Quillen
Roth
Tanner
Young (FL)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. DREIER, announced that the nays had it.
Mr. THOMAS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
162
<3-line {>
negative
Nays
259
para.94.22 [Roll No. 365]
YEAS--162
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilirakis
Bliley
Boehner
Bono
Bryant (TN)
Bunn
Bunning
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Fox
Franks (CT)
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goss
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Istook
Johnson (CT)
Jones
Kasich
Kelly
Kim
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCollum
McCrery
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Myrick
Ney
Norwood
Nussle
Oxley
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Ramstad
Regula
Riggs
Rogers
Rohrabacher
Royce
Salmon
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Skeen
Smith (MI)
Smith (TX)
Spence
Stearns
Stockman
Stump
Talent
Tauzin
Taylor (NC)
Thomas
Thornberry
Upton
Vucanovich
Walker
Wamp
Weldon (FL)
Weldon (PA)
Weller
Wicker
Zeliff
NAYS--259
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bilbray
Bishop
Blumenauer
Blute
Boehlert
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Burton
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Durbin
Edwards
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Foley
Forbes
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Gonzalez
Goodling
Gordon
Graham
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hefner
Hilliard
Hinchey
Holden
Horn
Houghton
Hoyer
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
Klug
LaFalce
Lantos
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McInnis
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
[[Page 1739]]
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Neumann
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Radanovich
Rahall
Rangel
Reed
Richardson
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Schroeder
Schumer
Scott
Serrano
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solomon
Souder
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tate
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
White
Whitfield
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zimmer
NOT VOTING--13
Bevill
Coleman
Collins (IL)
Ford
Hastings (FL)
Hayes
Lincoln
McDade
Peterson (FL)
Quillen
Roth
Tanner
Young (FL)
So the bill was not passed.
A motion to reconsider the vote whereby said bill was not passed was,
by unanimous consent, laid on the table.
para.94.23 providing for the consideration of h.r. 2823
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-708) the resolution (H. Res. 489) providing for consideration of the
bill (H.R. 2823) to amend the Marine Mammal Protection Act of 1972 to
support the International Dolphin Conservation Program in the eastern
tropical Pacific Ocean, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.94.24 labor safety standards for minors
On motion of Mr. BALLENGER, by unanimous consent, the bill (H.R. 1114)
to authorize minors who are under the child labor provisions of the Fair
Labor Standards Act of 1938 and who are under 18 years of age to load
materials into balers and compacters that meet appropriate American
National Standards Institute design safety standards; together with the
following amendment of the Senate thereto, was taken from the Speaker's
table:
Strike out all after the enacting clause and insert:
SECTION 1. AUTHORITY FOR 16- AND 17-YEAR-OLDS TO LOAD
MATERIALS INTO SCRAP PAPER BALERS AND PAPER BOX
COMPACTORS.
Section 13(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(c)) is amended by adding to the end thereof the
following new paragraph:
``(5)(A) In the administration and enforcement of the child
labor provisions of this Act, employees who are 16 and 17
years of age shall be permitted to load materials into, but
not operate or unload materials from, scrap paper balers and
paper box compactors--
``(i) that are safe for 16- and 17-year-old employees
loading the scrap paper balers or paper box compactors; and
``(ii) that cannot be operated while being loaded.
``(B) For purposes of subparagraph (A), scrap paper balers
and paper box compactors shall be considered safe for 16- or
17-year-old employees to load only if--
``(i)(I) the scrap paper balers and paper box compactors
meet the American National Standards Institute's Standard
ANSI Z245.5-1990 for scrap paper balers and Standard ANSI
Z245.2--1992 for paper box compactors; or
``(II) the scrap paper balers and paper box compactors meet
an applicable standard that is adopted by the American
National Standards Institute after the date of enactment of
this paragraph and that is certified by the Secretary to be
at least as protective of the safety of minors as the
standard described in subclause (I);
``(ii) the scrap paper balers and paper box compactors
include an on-off switch incorporating a key-lock or other
system and the control of the system is maintained in the
custody of employees who are 18 years of age or older;
``(iii) the on-off switch of the scrap paper balers and
paper box compactors is maintained in an off position when
the scrap paper balers and paper box compactors are not in
operation; and
``(iv) the employer of 16- and 17-year-old employees
provides notice, and posts a notice, on the scrap paper
balers and paper box compactors stating that--
``(I) the scrap paper balers and paper box compactors meet
the applicable standard described in clause (i);
``(II) 16- and 17-year-old employees may only load the
scrap paper balers and paper box compactors; and
``(III) any employee under the age of 18 may not operate or
unload the scrap paper balers and paper box compactors.
The Secretary shall publish in the Federal Register a
standard that is adopted by the American National Standards
Institute for scrap paper balers or paper box compactors and
certified by the Secretary to be protective of the safety of
minors under clause (i)(II).
``(C)(i) Employers shall prepare and submit to the
Secretary reports--
``(I) on any injury to an employee under the age of 18 that
requires medical treatment (other than first aid) resulting
from the employee's contact with a scrap paper baler or paper
box compactor during the loading, operation, or unloading of
the baler or compactor; and
``(II) on any fatality of an employee under the age of 18
resulting from the employee's contact with a scrap paper
baler or paper box compactor during the loading operation, or
unloading of the baler or compactor.
``(ii) The reports described in clause (i) shall be used by
the Secretary to determine whether or not the implementation
of subparagraph (A) has had any effect on the safety of
children.
``(iii) The reports described in clause (i) shall provide--
``(I) the name, telephone number, and address of the
employer and the address of the place of employment where the
incident occurred;
``(II) the name, telephone number, and address of the
employee who suffered an injury or death as a result of the
incident;
``(III) the date of the incident;
``(IV) a description of the injury and a narrative
describing how the incident occurred; and
``(V) the name of the manufacturer and the model number of
the scrap paper baler or paper box compactor involved in the
incident.
``(iv) The reports described in clause (i) shall be
submitted to the Secretary promptly, but not later than 10
days after the date on which an incident relating to an
injury or death occurred.
``(v) The Secretary may not rely solely on the reports
described in clause (i) as the basis for making a
determination that any of the employers described in clause
(i) has violated a provision of section 12 relating to
oppressive child labor or a regulation or order issued
pursuant to section 12. The Secretary shall, prior to making
such a determination, conduct an investigation and inspection
in accordance with section 12(b).
``(vi) The reporting requirements of this subparagraph
shall expire 2 years after the date of enactment of this
subparagraph.''.
SEC. 2. CIVIL MONEY PENALTY.
Section 16(e) of the Fair Labor Standards Act of 1938 (29
U.S.C. 216(e)) is amended in the first sentence--
(1) by striking ``section 12,'' and inserting ``section 12
or section 13(c)(5),''; and
(2) by striking ``that section'' and inserting ``section 12
or section 13(c)(5)''.
SEC. 3. CONSTRUCTION.
Section 1 shall not be construed as affecting the exemption
for apprentices and student learners published in section
570.63 of title 29, Code of Federal Regulations.
On motion of Mr. BALLENGER, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.94.25 words taken down
Mr. KANJORSKI during one minute speeches addressed the House and,
during the course of his remarks,
Mr. SOLOMON demanded that certain words be taken down.
The Clerk read the words taken down as follows:
I was aware of what you were going to say today. You know
full well the reason you came down here on the floor and said
what you said is that you didn't have the nerve to go up in
the Press Galley and make those charges because you would be
subject to a lawsuit.
The SPEAKER pro tempore, Mr. HOBSON, held the words taken down to be
unparliamentary, and said:
``In the opinion of the Chair, the remarks question the integrity of
the gentleman from Pennsylvania [Mr. Clinger] and constitute a
personality in debate.''.
By unanimous consent, the unparliamentary words were stricken from the
Record.
On motion of Mr. ARMEY, Mr. KANJORSKI was allowed to proceed in order.
para.94.26 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee has examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1627. An Act to amend the Federal Insecticide,
Fungicide, and Rondenticide Act
[[Page 1740]]
and the Federal Food, Drug, and Cosmetic Act, and for other
purposes.
H.R. 2337. An Act to amend the Internal Revenue Code of
1986 to provide for increased taxpayer protections.
H.R. 3235. An Act to amend the Ethics in Government Act of
1978, to extend the authorization of appropriations for the
Office of Government Ethics for 3 years, and for other
purposes.
para.94.27 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 3107. An Act to impose sanctions on persons making
certain investments directly and significantly contributing
to the enhancement of the ability of Iran or Libya to develop
its petroleum resources, and on persons exporting certain
items that enhance Libya's weapons or aviation capabilities
or enhance Libya's ability to develop its petroleum
resources, and for other purposes.
para.94.28 leave of absence
By unanimous consent, leave of absence was granted to Mr. COLEMAN, for
July 24, 25 and 26.
And then,
para.94.29 adjournment
On motion of Mr. OWENS, at 9 o'clock and 40 minutes p.m., the House
adjourned.
para.94.30 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOODLING: Committee of Conference. Conference report on
H.R. 1617. A bill to consolidate and reform workforce
development and literacy programs, and for other purposes
(Rept. No. 104-707). Ordered to be printed.
Mr. GOSS: Committee on Rules. House Resolution 489.
Resolution providing for the consideration of the bill (H.R.
2823) to amend the Marine Mammal Protection Act of 1972 to
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean, and for other purposes (Rept.
No. 104-708). Referred to the House Calendar.
para.94.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GANSKE:
H.R. 3895. A bill to authorize amounts required to be paid
by the United States pursuant to a judgment or a settlement
in favor of an individual to be used to pay child support and
alimony obligations of the individual; to the Committee on
Ways and Means.
By Mr. BURTON of Indiana:
H.R. 3896. A bill to amend title 49, United States Code, to
require the use of dogs or other appropriate animals at major
airports for the purpose of detecting plastic explosives and
other devices which may be used in airport piracy and which
cannot be detected by metal detectors; to the Committee on
Transportation and Infrastructure.
By Mr. LAZIO of New York (for himself, Mr. Leach, Mr.
Bereuter, Mr. Baker of Louisiana, Mr. Castle, Mr.
Weller, Mr. Hayworth, Mr. Bono, Mr. Ney, Mr. Ehrlich,
Mr. Cremeans, Mr. Fox, Mr. Heineman, Mr. Watts of
Oklahoma, Mr. English of Pennsylvania, Mr. Ensign,
and Mr. Flanagan):
H.R. 3897. A bill to provide permanent authority for the
insurance of home equity conversion mortgages and promote
consumer education in connection with such mortgages, and for
other purposes; to the Committee on Banking and Financial
Services.
By Mr. CUNNINGHAM (for himself, Mr. Porter, and Mr.
Canady):
H.R. 3898. A bill to declare English as the official
language of the United States, and for other purposes; to the
Committee on Economic and Educational Opportunities, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned..
By Mr. LIPINSKI:
H.R. 3899. A bill to amend title II of the Social Security
Act to provide that the waiting period for disability
benefits shall not be applicable in the case of a disabled
individual suffering from a terminal illness; to the
Committee on Ways and Means.
By Mr. COMBEST (for himself, Mr. Roberts, Mr. de la
Garza, Mr. Stenholm, Mr. Allard, Mr. Barrett of
Nebraska, Mr. Johnson of South Dakota, Mr. Lucas, Mr.
Chambliss, Mr. Thornberry, Mr. Edwards, and Mr.
Tejeda):
H.R. 3900. A bill to amend the Agricultural Market
Transition Act to provide greater planting flexibility, and
for other purposes; to the Committee on Agriculture.
By Mr. CALVERT (for himself, Mr. Boehner, Mr. Solomon,
Mr. Stump, Mr. Montgomery, Mr. McCollum, Mr. Lewis of
California, Mr. Walker, Mr. Moorhead, Mr. Hoke, Mr.
Buyer, Mr. Moran, Mr. Sam Johnson, Mr. Christensen,
Mr. Cox, Mr. Hunter, Mr. McKeon, Mr. Brewster, Mr.
Chambliss, Mr. Ackerman, Mr. Saxton, Mr. Kim, Mr.
English of Pennsylvania, Mr. Watts of Oklahoma, Mr.
Ewing, Mr. Horn, Mr. Bonilla, Mr. Bilbray, Mr.
Hayworth, Mr. Lightfoot, Mr. Roemer, Mr. Brown of
California, Mr. Gilchrest, Mr. Cunningham, Mr.
Ramstad, Mrs. Seastrand, Mr. Faleomavaega, and Mr.
Torricelli):
H.R. 3901. A bill to amend title 18, United States Code, to
create criminal penalties for theft and malicious vandalism
at national cemeteries; to the Committee on the Judiciary.
By Mr. DINGELL (for himself, Mr. Waxman, Mr. Stupak,
and Mrs. Lincoln):
H.R. 3902. A bill to amend the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 to extend the date
specified for the transfer of certain amounts to be available
for drinking water State revolving funds from August 1, 1996,
to September 30, 1996; to the Committee on Appropriations.
By Mr. DOOLITTLE:
H.R. 3903. A bill to require the Secretary of the Interior
to sell the Sly Park Dam and Reservoir, and for other
purposes; to the Committee on Resources.
By Mrs. LOWEY (for herself, Mrs. Johnson of
Connecticut, Mr. Durbin, Mr. Hoyer, Mrs. Morella, Mr.
Leach, Ms. Pelosi, Mr. Nadler, and Ms. DeLauro):
H.R. 3904. A bill to amend the Public Health Service Act to
provide additional support for and to expand clinical
research programs, and for other purposes; to the Committee
on Commerce.
By Mr. SOLOMON (for himself, Ms. Dunn of Washington,
Ms. Molinari, Mr. Johnston of Florida, Mr. Gallegly,
Mr. Oxley, Mr. Tate, Mrs. Cubin, Mr. Baker of
Louisiana, Mr. Franks of Connecticut, Mrs. Seastrand,
Mr. Bilbray, Mrs. Lowey, Ms. Pryce, Mr. Ackerman, and
Mrs. Fowler):
H.R. 3905. A bill to amend the Controlled Substances Act to
provide an enhanced penalty for distributing a controlled
substance with the intent to facilitate a rape or sexual
battery, and for other purposes; to the Committee on the
Judiciary, and in addition to the Committee on Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. BAKER of California (for himself and Ms.
Lofgren):
H.R. 3906. A bill to encourage the development and use of
new and innovative environmental monitoring technology by
accelerating the move toward performance-based monitoring
methods, establishing target dates for implementing a new
regulatory approach across all environmental programs, and
for other purposes; to the Committee on Science, and in
addition to the Committees on Commerce, and Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. VOLKMER:
H.J. Res. 187. Joint resolution proposing an amendment to
the Constitution of the United States relative to
expenditures to affect congressional, Presidential, State,
and local elections; to the Committee on the Judiciary.
By Mr. LIPINSKI (for himself, Mr. Rush, Mr. Jackson,
Mr. Flanagan, Mr. Hyde, Mr. Crane, Mr. Yates, Mr.
Porter, Mr. Weller, Mr. Costello, Mr. Fawell, Mr.
Hastert, Mr. Ewing, Mr. LaHood, and Mr. Durbin):
H. Con. Res. 201. Concurrent resolution expressing the
sense of the Congress with respect to the implementation by
the Secretary of Transportation of exceptions to the train
whistle requirement of section 20153 of title 49, United
States Code; to the Committee on Transportation and
Infrastructure.
By Mr. FRANKS of Connecticut:
H. Con. Res. 202. Concurrent resolution expressing the
sense of the Congress that U.S. companies should acquire
technology that was developed by U.S. companies from those
companies instead of from their overseas competitors; to the
Committee on Commerce.
para.94.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 616: Mr. Cummings.
H.R. 1046: Mr. Oberstar.
H.R. 1073: Mr. Blumenauer, Mr. Clinger, Mr. Regula, Mr.
Schaefer, Mr. Weldon of Florida, Mr. Bonilla, Mr. Leach, Mr.
Gutknecht, Mr. Foley, Mr. Boehlert, Mr. Metcalf, Mr. Porter,
and Mr. Levin.
H.R. 1074: Mr. Blumenauer, Mr. Clinger, Mr. Regula, Mr.
Schaefer, Mr. Weldon of Florida, Mr. Bonilla, Mr. Gutknecht,
Mr. Foley, Mr. Boehlert, Mr. Porter, and Mr. Levin.
H.R. 1100: Mr. Bilirakis.
H.R. 1281: Mrs. Lowey.
H.R. 2209: Mr. Manton, Mr. Dingell, Ms. Slaughter, Mr.
Visclosky, Mrs. Lowey, Mr. Orton, and Mr. Franks of
Connecticut.
[[Page 1741]]
H.R. 2244: Mr. Franks of New Jersey.
H.R. 2270: Mr. Poshard.
H.R. 2421: Mr. Lazio of New York.
H.R. 2470: Mr. Crapo.
H.R. 2701: Mr. LaHood.
H.R. 2757: Mrs. Chenoweth.
H.R. 3000: Mr. Sawyer.
H.R. 3079: Mrs. Chenoweth.
H.R. 3207: Mr. Barrett of Wisconsin and Mr. Cramer.
H.R. 3492: Mr. Boucher.
H.R. 3512: Mr. Barrett of Wisconsin.
H.R. 3513: Mr. Barrett of Wisconsin.
H.R. 3521: Mr. Pastor.
H.R. 3565: Mr. Pickett.
H.R. 3608: Mr. Watt of North Carolina, Mr. Yates, Mr.
Owens, Mr. Dellums, and Mr. Fattah.
H.R. 3710: Mr. Boehlert, Mr. Shaw, and Mrs. Clayton.
H.R. 3713: Mr. Torricelli.
H.R. 3748: Mr. Berman.
H.R. 3794: Mr. Evans.
H.R. 3835: Mr. Dellums, Mr. Evans, Mr. Frost, Mr. Lewis of
Georgia, and Mr. Olver.
H.R. 3846: Mr. DeFazio, Mr. Brown of California, Mr.
Lantos, Mr. Berman, Mr. Payne of Virginia, Mr. Hall of Ohio,
Mr. Waxman, Mr. Payne of New Jersey, Mr. Bereuter, Mr.
Meehan, Mr. McNulty, Ms. Eddie Bernice Johnson of Texas, and
Mr. Miller of California.
H.R. 3878: Mr. Chrysler.
H.J. Res. 114: Mr. Sawyer and Mrs. Maloney.
H. Con. Res. 63: Mr. Saxton and Mr. Kingston.
H. Con. Res. 103: Mr. Ackerman.
H. Con. Res. 199: Mrs. Lowey.
H. Res. 30: Mr. Shadegg and Mr. Salmon.
.
FRIDAY, JULY 26, 1996 (95)
The House was called to order by the SPEAKER.
para.95.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Thursday, July 25, 1996.
Mrs. MALONEY, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mrs. MALONEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
229
When there appeared
<3-line {>
Nays
51
para.95.2 [Roll No. 366]
YEAS--229
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Bentsen
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Bonilla
Bonior
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bunn
Burr
Burton
Callahan
Calvert
Campbell
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Conyers
Cooley
Cox
Coyne
Cramer
Crapo
Cummings
Cunningham
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dingell
Dooley
Dreier
Duncan
Edwards
Ehrlich
Eshoo
Farr
Fattah
Flake
Flanagan
Foley
Forbes
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gunderson
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayworth
Hefner
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hoyer
Hyde
Inglis
Jackson-Lee (TX)
Johnson (CT)
Johnston
Jones
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Kolbe
LaHood
Lantos
Latham
Levin
Lewis (CA)
Lightfoot
LoBiondo
Lucas
Luther
Maloney
Manton
Martini
Mascara
Matsui
McCarthy
McHale
McHugh
McInnis
McKeon
McNulty
Meehan
Meek
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Olver
Orton
Packard
Parker
Pastor
Payne (VA)
Pelosi
Petri
Porter
Portman
Pryce
Quinn
Rahall
Reed
Regula
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Stark
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Thornberry
Thurman
Traficant
Upton
Walker
Walsh
Wamp
Ward
Wicker
Williams
Woolsey
NAYS--51
Abercrombie
Borski
Clay
Clyburn
Deal
DeFazio
Durbin
Everett
Fazio
Foglietta
Fox
Funderburk
Ganske
Gephardt
Green (TX)
Gutierrez
Gutknecht
Hefley
Heineman
Hilleary
Jackson (IL)
Jacobs
Jefferson
Johnson, E. B.
Kanjorski
Lewis (GA)
Lewis (KY)
Lipinski
Longley
Lowey
McDermott
McKinney
Nussle
Obey
Pallone
Payne (NJ)
Pickett
Pomeroy
Poshard
Ramstad
Sabo
Schroeder
Stupak
Taylor (MS)
Thompson
Torkildsen
Vento
Volkmer
Watt (NC)
Waxman
Wynn
NOT VOTING--153
Baker (CA)
Baker (LA)
Barton
Becerra
Beilenson
Bereuter
Berman
Bevill
Blumenauer
Boehner
Bono
Boucher
Brown (CA)
Brown (OH)
Bryant (TX)
Bunning
Buyer
Camp
Canady
Chapman
Chenoweth
Coburn
Coleman
Collins (IL)
Collins (MI)
Costello
Crane
Cremeans
Cubin
Danner
Davis
de la Garza
Dickey
Dicks
Dixon
Doggett
Doolittle
Dornan
Doyle
Dunn
Ehlers
Engel
English
Ensign
Evans
Ewing
Fawell
Fields (LA)
Fields (TX)
Filner
Ford
Fowler
Frank (MA)
Gejdenson
Gekas
Gibbons
Gillmor
Greenwood
Hall (OH)
Harman
Hastings (FL)
Hastings (WA)
Hayes
Herger
Hilliard
Hinchey
Hoke
Holden
Hunter
Hutchinson
Istook
Johnson (SD)
Johnson, Sam
Kennedy (MA)
Klug
Knollenberg
LaFalce
Largent
LaTourette
Laughlin
Lazio
Leach
Lincoln
Linder
Livingston
Lofgren
Manzullo
Markey
Martinez
McCollum
McCrery
McDade
McIntosh
Menendez
Metcalf
Meyers
Millender-McDonald
Moorhead
Moran
Nadler
Norwood
Oberstar
Ortiz
Owens
Oxley
Paxon
Peterson (FL)
Peterson (MN)
Pombo
Quillen
Radanovich
Rangel
Richardson
Riggs
Rose
Sanders
Scarborough
Seastrand
Skelton
Slaughter
Smith (NJ)
Souder
Spence
Spratt
Stockman
Stokes
Studds
Taylor (NC)
Tejeda
Thomas
Thornton
Tiahrt
Torres
Torricelli
Towns
Velazquez
Visclosky
Vucanovich
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wilson
Wise
Wolf
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
So the Journal was approved.
para.95.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4383. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon; Assessment Rate [Docket No.
FV96-956-2 FIR] received July 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4384. A letter from the Acting Under Secretary for Food
Safety, Food and Safety Inspection Service Agency,
transmitting the Service's final rule--Use of Trisodium
Phosphate on Raw, Chilled Poultry Carcasses [Docket No. 92-
026F] (RIN: 0583-AB65) received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4385. A letter from the Assistant to the Board, Board of
Governors of the Federal Reserve System, transmitting the
Board's final rule--International Banking Operations
[Regulation K; Docket No. R-0916] received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4386. A letter from the Administrator of National Banks,
Comptroller of the Currency, transmitting the Office's final
rule--Management Official Interlocks [Docket No. 96-15](RIN:
1557-AB39) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4387. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Single Family Mortgage Insurance--Loss Mitigation
Procedures [Docket No. FR-4032-I-01] (RIN: 2502-AG72)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Banking and Financial Services.
4388. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 2853, pursuant to Public Law 101-508, section
[[Page 1742]]
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
4389. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 1508 and H.R. 3121, pursuant to Public Law
101-508, section 13101(a) (104 Stat. 1388-582); to the
Committee on the Budget.
4390. A letter from the Secretary of Energy, transmitting
the Department's report entitled, ``Summary of Expenditures
of Rebates from the Low-Level Radioactive Waste Surcharge
Escrow Account for Calendar Year 1995,'' pursuant to 42
U.S.C. 2120e(d)(2)(E)(ii)(II); to the Committee on Commerce.
4391. A letter from the Director, Office of Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Fenpropathrin; Pesticide Tolerance
[PP 4F427/R2253; FRL-5385-1] (RIN: 2070-AB78) received July
25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
4392. A letter from the Director, Office of Management and
Information, Environmental Protection Agency, transmitting
the Agency's final rule--Diethyl Phthalate; Toxic Chemical
Release Reporting; Community Right-to-Know [OPPTS-400096A;
FRL-5372-6] received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4393. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Revocation of Pesticide
Food Additive Regulations [OPP-300360B; FRL-5388-2] (RIN:
2070-AB78) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4394. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Cyfluthrin; Pesticide
Tolerance [PP 2F4137/R2259; FRL-5387-2] (RIN: 2070-AF78)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4395. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Norflurazon; Pesticide
Tolerance [PP 9F3766/R2254; FRL-5385-3] (RIN: 2070-AB78)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4396. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--1,1-Difluoroethane;
Tolerance Exemption [PP5E04443/R2258; FRL-5386-8] (RIN: 2070-
AB78) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4397. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--I/M Program
Requirement--On Board Diagnostic Checks [FRL-5543-7] (RIN:
2060-AE19) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4398. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans Tennessee: Approval of
Revisions to the Tennessee State Implementation Plan
Regarding Prevention of Significant Deterioration [TN 119-1-
6379a; TN 172-1-9639a; FRL-5539-9] received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4399. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act
Reclassification; Arizona-Phoenix Area; Carbon Monoxide
[AZR91-003; FRL-5543-6] received July 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4400. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Final
Full Approval of Operating Permits Program; Final Approval of
Operating Permit and Plan Approval Programs Under Section
112(1); Final Approval of State Implementation Plan Revision
for the Issuance of Federally Enforceable State Plan
Approvals and Operating Permits Under Section 110;
Commonwealth of Pennsylvania [PA065-4025; AD FRL-5535-3]
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4401. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Pennsylvania; General Operating Permit and Plan Approval
Program [PA065-4026; FRL-5535-2] received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4402. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Policies and Rules Governing Interstate Pay-Per-
Call and Other Information Services Pursuant to the
Telecommunications Act of 1996 [CC Docket No. 96-146; FCC 96-
289] received July 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4403. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Fredericksburg, Helotes
and Castroville, Texas) [MM Docket No. 94-125] received July
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
4404. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Revocation of Certain Device Regulations [Docket No.
95N-310R] (RIN: 0910-AA54) received July 26, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4405. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Current Good Manufacturing Practice in Manufacturing,
Processing, Packing, or Holding of Drugs; Revisions of
Certain Labeling Controls; Partial Extension of Compliance
Date [Docket No. 88N-0320] received July 26, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4406. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Decommissioning of Nuclear Power
Reactors (RIN: 3150-AE96) received July 26, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4407. A letter from the Executive Director, Committee for
Purchase from People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List (41 U.S.C. Sec. 47(a)(2) received July 25,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
Reform and Oversight.
4408. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pratt & Whitney Wasp Series and R-
1340 Series (Military) Reciprocating Engines (Federal
Aviation Administration) [Docket No. 95-ANE-26; Amendment 39-
9693; AD 96-15-02] (RIN: 2120-AA64) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4409. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--CFR
Chapter Name Change (Federal Aviation Administration) [Docket
No. 28636] (RIN: 2120-ZZ02) received July 25, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
4410. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fairchild Aircraft SA226 and SA227
Series Airplanes (Federal Aviation Administration) [Docket
No. 93-CE-35-AD; Amendment 39-9689; AD 93-15-02 R2] (RIN:
2120-AA64) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4411. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Part-Time Career Employment Program
(RIN: 2900-AH75) received July 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
4412. A letter from the Chief, Foreign Trade Division,
Bureau of the Census, transmitting the Bureau's final rule--
Collection of Canadian Province of Manufacture Information
for Softwood Lumber on Customs Entry Records (15 CFR Part 30)
received July 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
4413. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Rulings and Determination Letters (Revenue Procedure 96-39)
received July 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
para.95.4 message from the senate
The message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 1051. An Act to provide for the extension of certain
hydroelectric projects located in the State of West Virginia.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 782. An Act to amend title 18 of the United States
Code to allow members of employee associations to represent
their views before the United States Government;
H.R. 1642. An Act to extend nondiscriminatory treatment
(most-favored-nation treatment) to the products of Cambodia,
and for other purposes;
H.R. 2980. An Act to amend title 18, United States Code,
with respect to stalking;
H.R. 3166. An Act to amend title 18, United States Code,
with respect to the crime of false statement in a Government
matter;
H.R. 3448. An Act to provide tax relief for small
businesses, to protect jobs, to create opportunities, to
increase the take home pay of workers, to amend the Portal-
to-Portal Act of 1947 relating to the payment of wages to
employees who use employer owned vehicles, and to amend the
Fair Labor Standards Act of 1938 to increase the minimum wage
rate and to prevent job loss by providing flexibility to
employers in complying with minimum wage and overtime
requirements under that Act; and
[[Page 1743]]
H.R. 3603. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1997, and for other purposes.
The message also announced that the Senate insists upon its
amendments to the bill (H.R. 3603) ``An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30,
1997, and for other purposes,'' requests a conference with the House on
the disagreeing votes of the two Houses thereon, and appoints Mr.
Cochran, Mr. Specter, Mr. Bond, Mr. Gorton, Mr. McConnell, Mr. Burns,
Mr. Hatfield, Mr. Bumpers, Mr. Harkin, Mr. Kerrey, Mr. Johnston, Mr.
Kohl, and Mr. Byrd to be the conferees on the part of the Senate.
The message also announced that the Senate insists upon its
amendments to the bill (H.R. 3448) ``An Act to provide tax relief for
small businesses, to protect jobs, to create opportunities, to increase
the take home pay of workers, to amend the Portal-to-Portal Act of 1947
relating to the payment of wages to employees who use employer owned
vehicles, and to amend the Fair Labor Standards Act of 1938 to increase
the minimum wage rate and to prevent job loss by providing flexibility
to employers in complying with minimum wage and overtime requirements
under that Act,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints from the
Committee on Labor and Human Resources: Mrs. Kassebaum, Mr. Jeffords,
and Mr. Kennedy; and from the Committee on Finance: Mr. Roth, Mr.
Chafee, Mr. Grassley, Mr. Hatch, Mr. Simpson, Mr. Pressler, Mr.
Moynihan, Mr. Baucus, Mr. Bradley, Mr. Pryor, and Mr. Rockefeller to be
the conferees on the part of the Senate.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3103) ``An Act to amend the Internal Revenue Code of
1986 to improve portability and continuity of health insurance coverage
in the group and individual markets, to combat waste, fraud, and abuse
in health insurance and health care delivery, to promote the use of
medical savings accounts, to improve access to long-term care services
and coverage, to simplify the administration of health insurance, and
for other purposes,'' disagreed to by the House, and agrees to the
conference asked by the House on the disagreeing votes of the two
Houses thereon, and appoints Mr. Roth, Mrs. Kassebaum, Mr. Lott, Mr.
Kennedy, and Mr. Moynihan to be the conferees on the part of the
Senate.
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 1577. An Act to authorize appropriations for the
National Historical Publications and Records Commission for
fiscal years 1998, 1999, 2000, and 2001;
S. 1675. An Act to provide for the nationwide tracking of
convicted sexual predators, and for other purposes; and
S. 1784. An Act to amend the Small Business Investment Act
of 1958, and for other purposes.
para.95.5 providing for the consideration of h.r. 2391
Ms. GREENE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 488):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2391) to amend the Fair Labor Standards Act of
1938 to provide compensatory time for all employees. The
first reading of the bill shall be dispensed with. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Economic and
Educational Opportunities. After general debate the bill
shall be considered for amendment under the five-minute rule
for a period not to exceed two hours. It shall be in order to
consider as an original bill for the purpose of amendment
under the five-minute rule the amendment in the nature of a
substitute recommended by the Committee on Economic and
Educational Opportunities now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered as read. Points of order against the committee
amendment in the nature of a substitute for failure to comply
with clause 7 of rule XVI are waived. Before consideration of
any other amendment it shall be in order to consider the
amendment printed in the report of the Committee on Rules
accompanying this resolution, if offered by Representative
Goodling of Pennsylvania or his designee. That amendment
shall be considered as read, may amend portions of the bill
not yet read, shall be debatable for ten minutes equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. If that amendment is adopted, the
committee amendment in the nature of a substitute, as
amended, shall be considered as the original bill for the
purpose of further amendment. No further amendment to the
committee amendment in the nature of a substitute, as
amended, shall be in order except those printed in the
portion of the Congressional Record designated for that
purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. The Chairman of the Committee of
the Whole may: (1) postpone until a time during further
consideration in the Committee of the Whole a request for a
recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be fifteen minutes. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
175
para.95.6 [Roll No. 367]
YEAS--228
Allard
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
[[Page 1744]]
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--175
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bishop
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Frank (MA)
Frisa
Frost
Furse
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--30
Archer
Baker (LA)
Berman
Bevill
Blumenauer
Boucher
Chapman
Coleman
Collins (IL)
Doggett
Ewing
Ford
Gejdenson
Hastings (FL)
Hayes
Holden
Hutchinson
Laughlin
Lincoln
Martinez
McDade
Murtha
Nethercutt
Peterson (FL)
Quillen
Scarborough
Seastrand
Studds
Torricelli
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.95.7 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3845. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1997, and for other
purposes.
The message also announced that the Senate insists upon its amendments
to the bill (H.R. 3845) ``An act making appropriations for the
government of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for the fiscal
year ending September 30, 1997, and for other purposes,'' requests a
conference with the House on the disagreeing votes of the two Houses
thereon, and appoints Mr. Jeffords, Mr. Campbell, Mr. Hatfield, Mr.
Kohl, and Mr. Inouye to be the conferees on the part of the Senate.
para.95.8 military construction appropriations
On motion of Mrs. VUCANOVICH, by unanimous consent, the bill (H.R.
3517) making appropriations for military construction, family housing,
and base realignment and closure for the Department of Defense for
fiscal year ending September 30, 1997, and for other purposes; together
with the amendments of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mrs. VUCANOVICH, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
para.95.9 motion to instruct conferees--h.r. 3517
Mr. HEFNER moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3517, be
instructed not to provide funding for projects which have not been
authorized.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. TORKILDSEN, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.95.10 appointment of conferees--h.r. 3517
Thereupon, the SPEAKER pro tempore, Mr. TORKILDSEN, by unanimous
consent, appointed Mrs. Vucanovich, Messrs. Callahan, McDade, Myers,
Porter, Hobson, Wicker, Livingston, Hefner, Foglietta, Torres, Dicks and
Obey, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.95.11 district of columbia appropriations
On motion of Mr. WALSH, by unanimous consent, the bill (H.R. 3845)
making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 1997, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. WALSH, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. TORKILDSEN, by unanimous
consent, appointed of Messrs. Walsh, Bonilla, Kingston, Frelinghuysen,
Neumann, Parker, Livingston, Dixon, Serrano, Ms. Kaptur, and Mr. Obey,
as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.95.12 adjournment of the two houses
Mr. ARMEY, submitted the following privileged concurrent resolution
(H. Con. Res. 203):
Resolved by the House of Representatives (the Senate
concurring). That, in consonance with section 132(a) of the
Legislative Reorganization Act of 1946, when the House
adjourns on the legislative day of Thursday, August 1, 1996,
Friday, August 2, 1996, or Saturday, August 3, 1996, pursuant
to a motion made by the majority leader or his designee, it
stand adjourned until noon on Wednesday, September 4, 1996,
or until noon on the second day after Members are notified to
reassemble pursuant to section 2 of this concurrent
resolution, whichever occurs first; and that when the Senate
recesses or adjourns at the close of business on Thursday,
August 1, 1996, Friday, August 2, 1996, Saturday, August 3,
1996, or Sunday, August 4, 1996, pursuant to a motion made by
the majority leader or his designee in accordance with this
resolution, it stand recessed or adjourned until noon on
Tuesday, September 3, 1996, or until such time on that day as
may be specified by the majority leader or his designee in
the motion to recess or adjourn, or until noon on the second
day after Members are notified to reassemble pursuant to
section 2 of this concurrent resolution, whichever occurs
first.
Sec. 2. The Speaker of the House and the majority leader
of the Senate, acting jointly after consultation with the
minority leader of the House and the minority leader of the
House and the minority leader of the Senate, shall notify the
Members of the House and Senate, respectively, to reassemble
whenever, in their opinion, the public interest shall warrant
it.
The question being put, viva voce,
Will the House agree to said concurrent resolution?
The SPEAKER pro tempore, Mr. TORKILDSEN, announced that the yeas had
it.
Mr. FRANK of Massachusetts objected to the vote on the ground that a
[[Page 1745]]
quorum was not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
232
When there appeared
<3-line {>
Nays
167
para.95.13 [Roll No. 368]
YEAS--232
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Neumann
Ney
Norwood
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Rangel
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--167
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bishop
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coburn
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Minge
Mink
Moakley
Mollohan
Moran
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pomeroy
Poshard
Rahall
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
NOT VOTING--34
Baker (LA)
Berman
Bevill
Blumenauer
Boucher
Chapman
Coleman
Collins (IL)
Doggett
Ewing
Ford
Gejdenson
Gunderson
Hastings (FL)
Hayes
Holden
Hutchinson
Laughlin
Lincoln
Martinez
McDade
Miller (CA)
Murtha
Nethercutt
Nussle
Pelosi
Peterson (FL)
Quillen
Scarborough
Seastrand
Studds
Torricelli
Williams
Young (FL)
So the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.95.14 small business job protection
On motion of Mr. ARCHER, by unanimous consent, the bill (H.R. 3448) to
provide tax relief for small businesses, to protect jobs, to create
opportunities, to increase the take home pay of workers, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. ARCHER, it was,
Resolved, That the House disagree to the amendments of the Senate and
ask a conference with the Senate on the disagreeing votes of the two
Houses thereon.
para.95.15 motion to instruct conferees--h.r. 3448
Mr. CLAY moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3448, be
instructed to report as soon as possible their resolution of the
differences between the Houses, because the minimum wage is at its
lowest real value in 40 years and because working families deserve a
raise.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. TORKILDSEN, announced that the yeas had
it.
Mr. CLAY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
365
When there appeared
<3-line {>
Nays
26
para.95.16 [Roll No. 369]
YEAS--365
Abercrombie
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Crapo
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
[[Page 1746]]
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
LaFalce
Lantos
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Meyers
Millender-McDonald
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--26
Armey
Barr
Barton
Campbell
Chambliss
Chenoweth
Combest
Crane
DeLay
Doolittle
Ehrlich
Goss
Hoekstra
Inglis
Kingston
Kolbe
McIntosh
Royce
Sanford
Shadegg
Souder
Stump
Thornberry
Tiahrt
Walker
Wicker
NOT VOTING--42
Ackerman
Baker (LA)
Berman
Bevill
Blumenauer
Boucher
Chapman
Coleman
Collins (IL)
Cramer
Cremeans
Doggett
Ford
Gejdenson
Geren
Hancock
Hastings (FL)
Hayes
Holden
Hutchinson
LaHood
Laughlin
Lewis (CA)
Lincoln
Martinez
McDade
Meehan
Mica
Miller (CA)
Miller (FL)
Nethercutt
Payne (NJ)
Pelosi
Peterson (FL)
Quillen
Roberts
Scarborough
Seastrand
Studds
Torricelli
Waters
Young (FL)
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.95.17 appointment of conferees--h.r. 3448
Thereupon, the SPEAKER pro tempore, Mr. TORKILDSEN, by unanimous
consent, appointed the following Members as managers on the part of the
House at said conference:
From the Committee on Ways and Means, for consideration of the House
bill, except for title II, and the Senate amendment numbered 1, and
modifications committed to conference: Messrs. Archer, Crane, Thomas,
Gibbons, and Rangel.
As additional conferees from the Committee on Economic and Educational
Opportunities, for consideration of sections 1704(h)(1)(B) and 1704(l)
of the House bill and sections 1421(d), 1442(b), 1442(c), 1451, 1457,
1460(b), 1460(c), 1461, 1465, and 1704(h)(1)(B) of the Senate amendment
numbered 1, and modifications committed to conference: Messrs. Goodling,
Fawell, Ballenger, Clay, and Owens.
As additional conferees from the Committee on Economic and Educational
Opportunities, for consideration of title II of the House bill and the
Senate amendments numbered 2-6, and modifications committed to
conference: Messrs. Goodling, Fawell, Ballenger, Riggs, Clay, Owens, and
Hinchey.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.95.18 adjournment over
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, July 29, 1996, at 12:30 p.m. for ``morning hour'' debates.
para.95.19 calendar wednesday business dispensed with
On motion of Mr. DeLAY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday, July
31, 1996, under clause 7, rule XXIV, the Calendar Wednesday rule, be
dispensed with.
para.95.20 agricultural market transition
On motion of Mr. COMBEST, by unanimous consent, the Committee on
Agriculture was discharged from further consideration of the bill (H.R.
3900) to amend the Agricultural Market Transition Act to provide greater
planting flexibility, and for other purposes.
When said bill was considered and read twice.
Mr. COMBEST submitted the following amendment which was agreed to:
On page 2 Line 7 strike ``in'' and insert ``at the end
of''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.95.21 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 1675. An Act to provide for the nationwide tracking of
convicted sexual predators, and for other purposes; to the
Committee on the Judiciary, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
S. 1784. An Act to amend the Small Business Investment Act
of 1958, and for other purposes; to the Committee on Small
Business.
para.95.22 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly an enrolled bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 1114. An Act to authorize minors who are under the
child labor provisions of the Fair Labor Standards Act of
1938 and who are under 18 years of age to load materials into
bailers and compactors that meet appropriate American
National Standards Institute design safety standards.
para.95.23 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
H.R. 1627. An Act to amend the Federal Insecticide,
Fungicide, and Rodenticide Act and the Federal Food, Drug,
and Cosmetic Act, and for other purposes; and
H.R. 3235. An Act to amend the Ethics in Government Act of
1978, to extend the authorization of appropriations for the
Office of Government Ethics for 3 years, and for other
purposes.
para.95.24 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. HOLDEN, for today; and
To Mr. DOGGETT, for today.
And then,
para.95.25 adjournment
On motion of Mr. STOCKMAN, pursuant to the special order heretofore
agreed to, at 2 o'clock and 55 minutes p.m., the House adjourned until
12:30 p.m. on Monday, July 29, 1996.
para.95.26 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2636. A
bill to transfer jurisdiction over certain parcels of Federal
real property located in the District of Columbia, and for
other purposes; with amendment
[[Page 1747]]
(Rept. No. 104-368, Pt. 2). Referred to the Committee of the
Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3006. A
bill to provide for disposal of public lands in support of
the Manzanar Historic Site in the State of California, and
for other purposes; with amendments (Rept. No. 104-709).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. THOMAS: Committee on House Oversight. H.R. 3491. A bill
to repeal the American Folklife Preservation Act; with an
amendment (Rept. No. 104-710). Referred to the Committee of
the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3579. A
bill to direct the Secretary of the Interior to convey
certain property containing a fish and wildlife facility to
the State of Wyoming, and for other purposes; with an
amendment (Rept. No. 104-711). Referred to the Committee of
the Whole House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3868. A bill to
extend certain programs under the Energy Policy and
Conservation Act through September 30, 1996 (Rept. No. 104-
712). Referred to the Committee of the Whole House on the
State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3024. A
bill to provide a process leading to full self-government for
Puerto Rico; with an amendment (Rept. No. 104-713, Pt. 1).
Ordered to be printed.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3539. A bill to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes; with an amendment
(Rept. No. 104-714, Pt. 1). Ordered to be printed.
para.95.27 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 3024. Referral to the Committee on Rules extended for
a period ending not later than September 18, 1996.
H.R. 3539. Referral to the Committee on Ways and Means
extended for a period ending not later than September 29,
1996.
para.95.28 discharge of committee
Pursuant to clause 5 of rule X the Committee on Government Reform and
Oversight discharged from further consideration. H.R. 2636 referred to
the Committee of the Whole House on the State of the Union.
Pursuant to clause 5 of rule X the Committee on Rules discharged from
further consideration. H.R. 3539 referred to the Committee of the Whole
House on the State of the Union.
para.95.29 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HANSEN (for himself and Mr. Martini):
H.R. 3907. A bill to facilitate the 2002 Winter Olympic
Games in the State of Utah at the Snowbasin Ski Area, to
provide for the acquisition of lands within the Sterling
Forest Reserve, and for other purposes; to the Committee on
Resources.
By Mr. FAZIO of California:
H.R. 3908. A bill to prevent the illegal manufacturing and
use of methamphetamine; to the Committee on the Judiciary,
and in addition to the Committee on Commerce, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NADLER:
H.R. 3909. A bill to improve aviation security by requiring
the installation of certain explosive detection equipment at
certain airports, by requiring the installation of explosive
resistant cargo containers on aircraft, to provide assistance
for the acquisition of such equipment, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. ORTIZ (for himself and Mr. Thornberry):
H.R. 3910. A bill to provide emergency drought relief to
the city of Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX, and for other purposes; to the
Committee on Resources.
By Mr. PALLONE:
H.R. 3911. A bill to establish the Great Falls Historic
District in the State of New Jersey, and for other purposes;
to the Committee on Resources.
By Mr. PORTER:
H.R. 3912. A bill to amend the Federal Election Campaign
Act of 1971 to encourage compliance with spending limits on
elections for the House of Representatives and enhance the
importance of individual contributions and contributions
originating within congressional districts; to the Committee
on House Oversight.
By Mr. ARMEY:
H. Con. Res. 203. Concurrent resolution providing for an
adjournment of both Houses; considered and agreed to.
By Mr. FORBES (for himself, Mr. McDade, Mr. Cramer, Mr.
Lazio of New York, Mr. Frisa, Mr. King, and Mr.
Ackerman):
H. Con. Res. 204. Concurrent resolution expressing the
sense of Congress concerning the tragic crash of Trans World
Airlines flight 800; to the Committee on Transportation and
Infrastructure.
By Mr. COX (for himself, Mr. Bono, Mr. Brown of Ohio,
Mr. Funderburk, Mr. Lantos, Ms. Pelosi, Mr. Royce,
Mr. Scarborough, Mr. Smith of New Jersey, Mr.
Solomon, Mr. Torricelli, and Mr. Dornan):
H. Res. 490. Resolution expressing the sense of the House
of Representatives that Taiwan should be admitted to the
World Trade Organization without making such admission
conditional on the previous or simultaneous admission of the
People's Republic of China to the WTO; to the Committee on
Ways and Means.
By Mr. PAYNE of New Jersey (for himself, Mr. Porter,
Mr. Lantos, Mr. Bereuter, Ms. Pelosi, Mr. Hastings of
Florida, Mr. Ackerman, Mr. Wolf, Mr. Fattah, Mr.
Torricelli, Mrs. Clayton, Mr. Olver, Mr. Evans, Ms.
Waters, Mr. Conyers, and Mr. Cummings):
H. Res. 491. Resolution expressing the sense of the House
of Representatives that criminals from the genocide in Rwanda
should be brought to justice by the International Criminal
Tribunal for Rwanda; to the Committee on International
Relations.
para.95.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1127: Mr. Holden.
H.R. 1281: Mrs. Morella.
H.R. 1920: Mr. Franks of New Jersey.
H.R. 2167: Mr. Volkmer.
H.R. 2400: Mr. Torricelli and Mr. Walsh.
H.R. 2434: Mr. Edwards.
H.R. 2480: Mr. Buyer.
H.R. 2807: Mr. Wicker.
H.R. 2892: Mr. Gutierrez, Ms. Slaughter, and Ms. Furse.
H.R. 2976: Mr. Gillmor, Mr. Torricelli, and Mr. Watt of
North Carolina.
H.R. 3123: Mr. Weldon of Florida.
H.R. 3195: Mr. Salmon.
H.R. 3244: Ms. Dunn of Washington, Mr. Jefferson, Mr.
Jacobs, Mr. Lewis of California, Mr. Fox, and Mr. Hayes.
H.R. 3283: Mr. Hoyer.
H.R. 3294: Mrs. Thurman.
H.R. 3427: Mr. Doolittle and Mr. Ney.
H.R. 3515: Ms. Kaptur, Mr. Bryant of Texas, Mr. Evans, and
Mr. Levin.
H.R. 3556: Ms. Furse and Mr. Sawyer.
H.R. 3590: Mr. Frazer, Mr. McDermott, and Mr. Ackerman.
H.R. 3609: Mr. Houghton, Mr. Olver, Mr. McDermott, Mr.
Dellums, Ms. McKinney, Mr. Beilenson, and Mrs. Morella.
H.R. 3618: Ms. Woolsey, Mr. Owens, and Mr. Hyde.
H.R. 3687: Mr. Inglis of South Carolina.
H.R. 3710: Ms. Roybal-Allard, Mr. Mascara, and Mrs. Fowler.
H.R. 3724: Mr. Clinger and Mr. Gallegly.
H.R. 3753: Mr. Hayworth and Mr. LaHood.
H.R. 3766: Mr. Stark, Mr. Owens, Mrs. Lowey, and Mr. Wolf.
H.R. 3775: Ms. Greene of Utah and Mr. Sensenbrenner.
H.R. 3783: Mr. Holden, Mr. Camp, Mr. Ney, Mr.
Sensenbrenner, Mr. Fox, and Mr. Shuster.
H.R. 3807: Mr. Kennedy of Massachusetts, Mr. Spratt, and
Mr. Bentsen.
H.R. 3821: Mr. Kennedy of Massachusetts, Mr. Meehan, Mr.
Durbin, Mr. Ehlers, and Mr. Green of Texas.
H.R. 3830: Mr. Watt of North Carolina and Mr. Cummings.
H.R. 3839: Mr. Costello.
H.R. 3863: Mr. Knollenberg, Mr. Fox, Mr. English of
Pennsylvania, Mr. McHugh, Mr. Weldon of Pennsylvania, Mr.
Borski, and Mr. Zimmer.
H.R. 3879: Mr. Abercrombie, Mr. Frazer, Mr. Rahall, Mr.
Romero-Barcelo, and Mr. Hamilton.
H.J. Res. 114: Mr. Dingell.
H.J. Res. 176: Mr. Hefley.
H. Con. Res. 151: Miss Collins of Michigan, Ms. Furse, Ms.
Kaptur, and Mr. Matsui.
H. Con. Res. 202: Mr. Traficant.
H. Res. 423: Mr. English of Pennsylvania.
H. Res. 470: Mr. Ramstad and Ms. Molinari.
.
MONDAY, JULY 29, 1996 (96)
para.96.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. COBLE, who laid before the House the following
communication:
Washington, DC,
July 29, 1996.
I hereby designate the Honorable Howard Coble to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.96.2 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3540. An Act making appropriations for foreign
operations, export financing, and
[[Page 1748]]
related programs for the fiscal year ending September 30,
1997, and for other purposes.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3540) ``An Act making appropriations for foreign
operations, export financing, and related programs for the fiscal year
ending September 30, 1997, and for other purposes,'' requests a
conference with the House of Representatives on the disagreeing votes of
the two Houses thereon, and appoints Mr. McConnell, Mr. Specter, Mr.
Mack, Mr. Jeffords, Mr. Gregg, Mr. Shelby, Mr. Bennett, Mr. Hatfield,
Mr. Leahy, Mr. Inouye, Mr. Lautenberg, Mr. Harkin, Ms. Mikulski, Mrs.
Murray, and Mr. Byrd to be the conferees on the part of the Senate.
para.96.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. COBLE, pursuant to the order of the House
of Friday, May 12, 1995, recognized Members for ``morning hour''
debates.
para.96.4 recess--12:49 p.m.
The SPEAKER pro tempore, Mr. COBLE, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.96.5 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. CALVERT, called the House to order.
para.96.6 approval of the journal
The SPEAKER pro tempore, Mr. CALVERT, announced he had examined and
approved the Journal of the proceedings of Friday, July 26, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.96.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4414. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Petroleum Products from Caribbean Basin Countries [DFARS Case
96-D312] received July 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
4415. A letter from the Secretary of Energy, transmitting
Uranium Enrichment Decontamination and Decommissioning Fund
Triennial Report, pursuant to Public Law 102-486, section
1101 (106 Stat. 2955); to the Committee on Commerce.
4416. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Final
Interim Approval of Operating Permits Program: The U.S.
Virgin Islands [VI001; FRL-5544-8] received July 26, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4417. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Di-(2-ethylhexyl)
Adipate; Toxic Chemical Release Reporting; Community Right-
to-Know [OPPTS-400095A; FRL-5389-6] received July 26, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4418. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Cypermethrin; Pesticide
Tolerance [PP 4F4291/R2265; FRL-5387-5] (RIN: 2070-AB78)
received July 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4419. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-46), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4420. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Thailand for defense articles and
services (Transmittal No. 96-65), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
4421. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal Travel
Regulation; Maximum Per Diem Rates for Kansas City, KS and
Kansas City, MO [FTR Amendment 49] (RIN: 3090-AG07) received
July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4422. A letter from the Mayor of the District of Columbia,
transmitting a request to waive the 30-day congressional
review period for the District of Columbia legislation
entitled ``Tax Lien Assignment and Sale Amendment Act of
1996,'' pursuant to Public Law 93-198 section 602(c)(1); to
the Committee on Government Reform and Oversight.
4423. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Administration's final
rule--Atlantic Tuna Fisheries; Fishery Closure and
Reallocation (50 CFR Part 285) received July 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4424. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Atlantic Tuna
Fisheries; Atlantic Bluefin Tuna Angling Category [Docket No.
960416112-6164-02; ID 071996B] (RIN: 0648-AI29) received July
29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4425. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Commerce in Explosives; Implementation of
Provisions of Public Law 104-132, the Antiterrorism and
Effective Death Penalty Act of 1996, Relating to Plastic
Explosives [T.D. ATF-382; 95R-0360] (RIN: 1512-AB61) received
July 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on the Judiciary.
4426. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to amend title
38, United States Code, to provide benefits for certain
children of Vietnam veterans who are born with spina bifida;
to the Committee on Veterans' Affairs.
4427. A letter from the Secretary of Energy, transmitting a
draft of proposed legislation to amend section 2118 of the
Energy Policy Act of 1992 to extend the Electric and Magnetic
Fields Research and Public Information Dissemination Program;
jointly, to the Committees on Commerce and Science.
4428. A letter from the Comptroller General of the United
States, transmitting a report entitled, ``Financial Audit:
Resolution Trust Corporation's 1995 and 1994 Financial
Statements'' (GAO/AIMD-96-123), July 1996, pursuant to 31
U.S.C. 9106(a); jointly, to the Committees on Government
Reform and Oversight and Banking and Financial Services.
para.96.8 repeal prohibition on federal employees
Mr. MOORHEAD moved to suspend the rules and pass the bill (H.R. 3215)
to amend title 18, United States Code, to repeal the provision relating
to Federal employees contracting or trading with Indians.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. MOORHEAD and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.9 transportation code technical amendments
Mr. MOORHEAD moved to suspend the rules and pass the bill (H.R. 2297)
to codify without substantive change laws related to transportation and
to improve the United States Code; as amended.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. MOORHEAD and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.10 senior judge clarification
Mr. MOORHEAD moved to suspend the rules and pass the bill of the
Senate (S. 531) to authorize a circuit judge who has taken part in an in
banc hearing of a case to continue to participate in that case after
taking senior status, and for other purposes.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. MOORHEAD and Mr.
SCOTT, each for 20 minutes.
[[Page 1749]]
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.96.11 national film preservation
Mr. MOORHEAD moved to suspend the rules and pass the bill (H.R. 1734)
to reauthorize the National Film Preservation Board, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. MOORHEAD and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.12 lobbying disclosure technical amendments
Mr. HOKE moved to suspend the rules and pass the bill (H.R. 3435) to
make technical amendments to the Lobbying Disclosure Act of 1995; as
amended.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. HOKE and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.13 jennings randolph lake project
Mr. GEKAS moved to suspend the rules and pass the joint resolution
(H.J. Res. 113) granting the consent of Congress to the compact to
provide for joint natural resource management and enforcement of laws
and regulations pertaining to natural resources and boating at the
Jennings Randolph Lake Project lying in Garrett County, Maryland, and
Mineral County, West Virginia, entered into between the States of West
Virginia and Maryland.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. GEKAS and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
On motion of Mr. GEKAS, by unanimous consent, the Committee on the
Judiciary was discharged from further consideration of the joint
resolution of the Senate (S.J. Res. 20) granting the consent of Congress
to the compact to provide for joint natural resource management and
enforcement of laws and regulations pertaining to natural resources and
boating at the Jennings Randolph Lake Project lying in Garrett County,
Maryland, and Mineral County, West Virginia, entered into between the
States of West Virginia and Maryland.
The joint resolution was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.J. Res. 113, a similar House joint resolution,
was laid on the table.
para.96.14 mutual aid agreement
Mr. GEKAS moved to suspend the rules and pass the joint resolution
(H.J. Res. 166) granting the consent of Congress to the Mutual Aid
Agreement between the city of Bristol, Virginia, and the city of
Bristol, Tennessee.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. GEKAS and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.96.15 pueblo of isleta indian lands claims
Mr. SMITH of Texas moved to suspend the rules and pass the bill (H.R.
740) to confer jurisdiction of the United States Court of Federal Claims
with respect to land claims of Pueblo of Isleta Indian Tribe.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. SMITH of Texas
and Mr. SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.16 war crimes
Mr. SMITH of Texas moved to suspend the rules and pass the bill (H.R.
3680) to amend title 18, United States Code, to carry out the
international obligations of the United States under the Geneva
Conventions to provide criminal penalties for certain war crimes.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. SMITH of Texas
and Mr. SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.17 mauritanian slavery
Mr. BEREUTER moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 142); as amended:
Whereas the Government of Mauritania has perpetrated a
prolonged campaign of
[[Page 1750]]
human rights abuses and discrimination against its indigenous
black population;
Whereas the Department of State and numerous human rights
organizations have documented such abuses;
Whereas chattel slavery, with an estimated tens of
thousands of black Mauritanians considered property of their
masters and performing unpaid labor, persists despite its
legal abolition in 1980;
Whereas individuals attempting to escape from their owners
in Mauritania may be subjected to severe punishment and
torture;
Whereas the right to a fair trial in Mauritania continues
to be restricted due to executive branch pressure on the
judiciary;
Whereas policies designed to favor a particular culture and
language have marginalized black Mauritanians in the areas of
education and employment particularly;
Whereas Mauritanians are deprived of their constitutional
right to a democratically elected government;
Whereas Mauritanian authorities have still refused to
investigate or punish individuals responsible for the
massacre of over 500 military and civilian black Mauritanians
in 1990 and 1991; and
Whereas significant numbers of black Mauritanians remain
refugees stripped of their citizenship and property,
including tens of thousands of black Mauritanians who were
expelled or fled Mauritania during 1989 and 1990: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) calls upon the Government of Mauritania to honor its
obligations under the Universal Declaration of Human Rights
and the Convention on the Abolition of Slavery, to prosecute
slave owners to the fullest extent of the country's anti-
slavery law, and to educate individuals being held as slaves
on their legal rights;
(2) strongly urges the Government of Mauritania to abolish
discriminatory practices and foster an environment that will
integrate black Mauritanians into the economic and social
mainstream;
(3) urges in the strongest terms that the Government of
Mauritania fully investigate and prosecute those officials
responsible for the extrajudicial killings and mass
expulsions of black Mauritanians during the late 1980s and
early 1990s;
(4) calls upon the Government of Mauritania to continue to
allow all refugees to return to Mauritania and to restore
their full rights;
(5) welcomes Mauritania's recent invitation to
international human rights organizations to visit Mauritania;
and
(6) further welcomes the growth of an independent press in
Mauritania.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. BEREUTER and Mr.
UNDERWOOD, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.96.18 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.96.19 african development fund authorization
Mr. BEREUTER moved to suspend the rules and pass the bill (H.R. 3735)
to amend the Foreign Assistance Act of 1961 to reauthorize the
Development Fund for Africa under chapter 10 of part I of that Act.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. BEREUTER and Mr.
ENGEL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.20 microenterprise assistance
Mr. BEREUTER moved to suspend the rules and pass the bill (H.R. 3846)
to amend the Foreign Assistance Act of 1961 to authorize the provision
of assistance for microenterprises, and for other purposes.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. BEREUTER and Mr.
ENGEL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.21 aid severance pay
Mr. BEREUTER moved to suspend the rules and pass the bill (H.R. 3870)
to authorize the Agency for International Development to offer voluntary
separation incentive payments to employees of that agency; as amended.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. BEREUTER and Mr.
ENGEL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.96.22 honor filipino veterans
Mr. BEREUTER moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 191):
Whereas the Commonwealth of the Philippines was
strategically located and thus vital to the defense of the
United States during World War II;
Whereas the military forces of the Commonwealth of the
Philippines were called into the United States Armed Forces
during World War II by Executive order and were put under the
command of General Douglas MacArthur;
Whereas the participation of the military forces of the
Commonwealth of the Philippines in the battles of Bataan and
Corregidor and in other smaller skirmishes delayed and
disrupted the initial Japanese effort to conquer the Western
Pacific;
Whereas that delay and disruption allowed the United States
the vital time to prepare the forces which were needed to
drive the Japanese from the Western Pacific and to defeat
Japan;
Whereas after the recovery of the Philippine Islands from
Japan, the United States was able to use the strategically
located Commonwealth of the Philippines as a base from which
to launch the final efforts to defeat Japan;
Whereas every American deserves to know the important
contribution that the military forces of the Commonwealth of
the Philippines made to the outcome of World War II; and
Whereas the Filipino World War II veterans deserve
recognition and honor for their important contribution to the
outcome of World War II: Now, therefore, be it
Resolved by the House of Representative (the Senate
concurring), That the Congress recognizes and honors the
Filipino World War II veterans for their defense of
democratic ideals and their important contribution to the
outcome of World War II.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. BEREUTER and Mr.
ENGEL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
[[Page 1751]]
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.96.23 kosovan rights
Mr. BEREUTER moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 155); as amended:
Whereas the Constitution of the Socialist Federal Republic
of Yugoslavia, adopted in 1946 and the amended Yugoslav
Constitution adopted in 1974, described the status of Kosova
as one of the 8 constituent territorial units of the Yugoslav
Federation;
Whereas the political rights of the Albanian majority in
Kosova were curtailed when the Government of Yugoslavia
illegally amended the Yugoslav federal constitution without
the consent of the people of Kosova on March 23, 1989,
revoking Kosova's autonomous status;
Whereas in 1990, the Parliament and Government of Kosova
were abolished by further unlawful amendments to the
Constitution of Yugoslavia;
Whereas in September 1990, a referendum on the question of
independence for Kosova was held in which 87 percent of those
eligible to participate voted and 99 percent of those voting
supported independence for Kosova;
Whereas in May 1992, a Kosovar national parliament and
President, Dr. Ibrahim Rugova, were freely and fairly
elected, but were not permitted to assemble in Kosova;
Whereas according to the State Department Country Reports
on Human Rights for 1995, ``police repression continued at a
high level against the ethnic Albanians of Kosova . . . and
reflected a general campaign to keep [those] who are not
ethnic Serbs intimidated and unable to exercise basic human
and civil rights'';
Whereas over 100,000 ethnic Albanians employed in the
public sector have been removed from their jobs and replaced
by Serbs since 1989;
Whereas the government in Belgrade has severely restricted
the access of ethnic Albanians in Kosova to all levels of
education, especially in the Albanian language;
Whereas the Organization on Security and Cooperation in
Europe observers dispatched to Kosova in 1991 were expelled
by the government in Belgrade in July 1993, and have not been
reinstated as called for in United Nations Security Council
Resolution 855 of August 1993;
Whereas following the departure of such observers,
international human rights organizations have documented an
increase in abuses;
Whereas the United Nations announced on February 27, 1995,
that Serbia had granted it permission to open a Belgrade
office to monitor human rights in Serbia and Kosova;
Whereas Congress directed the State Department to establish
a United States Information Agency (U.S.I.A.) cultural center
in Prishtina, Kosova, in section 223 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993;
Whereas Secretary of State Warren Christopher announced on
February 27, 1996, that Serbian leader Slobodan Milosevic has
agreed to the establishment of such center and that
preparations for the establishment of the center are
proceeding;
Whereas, with the signing of the Dayton agreement on
Bosnia, future peace in the Balkans hinges largely on a
settlement of the status of Kosova; and
Whereas the President has explicitly warned the Government
of Serbia that the United States is prepared to respond in
the event of escalated conflict in Kosova caused by Serbia:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) the situation in Kosova must be resolved before the
outer wall of sanctions against Serbia is lifted and Serbia
is able to return to the international community;
(2) the human rights of the people of Kosova must be
restored to levels guaranteed by international law;
(3) the United States should support the legitimate claims
of the people of Kosova to determine their own political
future;
(4) international observers should be returned to Kosova as
soon as possible;
(5) the elected government of Kosova should be permitted to
meet and exercise its legitimate mandate as elected
representatives of the people of Kosova;
(6) all individuals whose employment was terminated on the
basis of their ethnicity should be reinstated to their
previous positions;
(7) the education system in Kosova should be reopened to
all residents of Kosova regardless of ethnicity and the
majority ethnic Albanian population should be allowed to
educate its youth in its native tongue;
(8) the establishment of a United States Information Agency
cultural center in Prishtina, Kosova, is to be commended; and
(9) the President should appoint a special envoy to aid in
negotiating a resolution to the crisis in Kosova.
The SPEAKER pro tempore, Mr. CALVERT, recognized Mr. BEREUTER and Mr.
ENGEL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. CALVERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.96.24 message from the president--housing and urban development
The SPEAKER pro tempore, Mr. CALVERT, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
Pursuant to the requirements of 42 U.S.C. 3536, I transmit herewith
the 30th Annual Report of the Department of Housing and Urban
Development, which covers calendar year 1994.
William J. Clinton.
The White House, July 29, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Banking and Financial Services.
para.96.25 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following dates present to the President, for his
approval, bills of the House of the following titles:
On July 25, 1996:
H.R. 2337. An Act to amend the Internal Revenue Code of
1986 to provide for increased taxpayer protections.
On July 26, 1996:
H.R. 1114. An Act to authorize minors who are under the
child labor provisions of the Fair Labor Standards Act of
1938 and who are under 18 years of age to load materials into
balers and compactors that meet appropriate American National
Standards Institute design safety standards.
And then,
para.96.26 adjournment
On motion of Mr. JONES, at 3 o'clock and 54 minutes p.m., the House
adjourned.
para.96.27 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GILMAN: Committee on International Relations. H.R.
3846. A bill to amend the Foreign Assistance Act of 1961 to
authorize the provision of assistance for microenterprises,
and for other purposes (Rept. No. 104-715). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2292. A
bill to preserve and protect the Hanford Reach of the
Columbia River, and for other purposes; with an amendment
(Rept. No. 104-716). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3487. A
bill to reauthorize the National Marine Sanctuaries Act, and
for other purposes; with an amendment (Rept. No. 104-717).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. ARCHER: Committee on Ways and Means. H.R. 3815. A bill
to make technical corrections and miscellaneous amendments to
trade laws; with an amendment (Rept. No. 104-718). Referred
to the Committee of the Whole House on the State of the
Union.
para.96.28 time limitation of referred bill
Pursuant to clause 5 of rule X, the following action was taken by the
Speaker:
H.R. 3539. Referral to the Committee on Ways and Means
extended for a period ending not later than July 30, 1996.
para.96.29 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. BURTON of Indiana:
H.R. 3913. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Western Atlantic; to the Committee on
Transportation and Infrastructure.
H.R. 3914. A bill to authorize the Secretary of
Transportation to issue a certificate of
[[Page 1752]]
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Beacon; to the Committee
on Transportation and Infrastructure.
para.96.30 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 294: Mr. Moran.
H.R. 863: Mr. Mascara.
H.R. 1100: Mrs. Schroeder.
H.R. 2011: Mr. Davis, Mr. Tiahrt, Mr. Minge, Mr. Moakley,
Mr. Browder, Mr. Farr, and Mr. Scott.
H.R. 2247: Mr. Costello and Mr. Klink.
H.R. 2654: Mr. Blumenauer.
H.R. 2748: Mr. Porter.
H.R. 2777: Mrs. Lowey.
H.R. 3119: Mr. Ackerman.
H.R. 3199: Mr. Crane, Mr. Bonilla, and Mr. Longley.
H.R. 3224: Mr. Stearns.
H.R. 3303: Mrs. Lowey.
H.R. 3401: Mr. Brown of California, Ms. Pelosi, Mr. Stark,
and Mrs. Mink of Hawaii.
H.R. 3456: Mr. Frost.
H.R. 3462: Mr. Vento.
H.R. 3565: Mr. King.
H.R. 3714: Mr. Ney and Mr. Bunning of Kentucky.
H.R. 3735: Mr. Fattah.
H.R. 3818: Mr. Bunning of Kentucky.
H.R. 3867: Mr. Crapo.
H. Con. Res. 63: Mr. Quillen.
H.Con. Res. 179: Mr. Barton of Texas.
.
TUESDAY, JULY 30, 1996 (97)
para.97.1 designation of speaker pro tempore
The House was called to order at 9 o'clock a.m. by the SPEAKER pro
tempore, Mr. JONES, who laid before the House the following
communication:
Washington, DC,
July 30, 1996.
I hereby designate the Honorable Walter B. Jones, Jr., to
act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.97.2 recess--9:01 a.m.
The SPEAKER pro tempore, Mr. JONES, pursuant to clause 12 of rule I,
declared the House in recess until 10:00 a.m.
para.97.3 after recess--10:00 a.m.
The SPEAKER pro tempore, Mr. JONES, called the House to order.
para.97.4 approval of the journal
The SPEAKER pro tempore, Mr. JONES, announced he had examined and
approved the Journal of the proceedings of Monday, July 29, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.97.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4429. A letter from the Secretary of Agriculture,
transmitting the annual animal welfare enforcement report for
fiscal year 1995, pursuant to 7 U.S.C. 2155; to the Committee
on Agriculture.
4430. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Certain Designated Counties in Idaho,
and Malheur County, Oregon; Assessment Rate [Docket No. FV96-
945-1 IFR] received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4431. A letter from the Secretary of the Treasury,
transmitting a report on the Mint's numismatice public
enterprise fund for fiscal year 1995, pursuant to Public Law
102-390, section 221(a) (106 Stat. 1627); to the Committee on
Banking and Financial Services.
4432. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Bell Operating Company Provision of Out-of-Region
Interstate, Interchange Services [CC Docket No. 96-21]
received July 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4433. A letter from the Acting Director, Office of
Management and Information, National Marine Fisheries
Committee, transmitting the Service's final rule--West Coast
Salmon Fisheries; Northwest Emergency Assistance Plan (NEAP)
[Docket No. 960412111-6202-02; I.D. 040596B] (RIN: 0648-ZA20)
received July 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4434. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area; Atka
Mackerel in the Central Aleutian District of the Bering Sea
and Aleutian Islands [Docket No. 960129019-6019-01; I.D.
071296A] received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4435. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Scallop Fishery Off Alaska; Management Measures;
1996-97 Harvest Specifications [Docket No. 960502124-6190-02;
I.D. 042396B] (RIN: 0648-AF81) received July 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4436. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska;
Shortraker/Rougheye Rockfish Species Group in the Eastern
Gulf of Alaska [Docket No. 960129018-6018-01; I.D. 071296C]
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
4437. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific Ocean Perch in the
Central Regulatory Area [Docket No. 960129018-6018-01; I.D.
07229A] received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4438. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Northern Rockfish in the
Central Gulf of Alaska [Docket No. 960129018-6018-01; I.D.
07199A] received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4439. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
International Fisheries Regulations; 1996 Halibut Report No.
5 [Docket No. 960111003-6068-03; I.D. 072496A] received July
29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4440. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska;
Sablefish in the West Yakutat District [Docket No. 960129018-
6018-01; I.D. 07219B] received July 29, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4441. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Exclusive Economic Zone off
Alaska; Salmon Donation Program [Docket No. 960503125-6191-
02; I.D. 040996A] (RIN: 0648-AH03) received July 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4442. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Use of Force
and Application of Restraints [BOP-1053-F] (RIN: 1120-AA41)
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on the Judiciary.
4443. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model MD-11
Series Airplanes (Federal Aviation Administration) [Docket
No. 95-NM-211-AD; Amendment 39-9702; AD 96-16-02] (RIN: 2120-
AA64) received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4444. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-10-10
and DC-10-15 Series Airplanes (Federal Aviation
Administration) [Docket No. 96-NM-39-AD; Amendment 39-9701;
AD 96-16-01] (RIN: 2120-AA64) received July 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4445. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A320-200 Series
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-267-AD; Amendment 39-9703; AD 96-16-03] (RIN: 2120-AA64)
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4446. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 and 0070
Series Airplanes (Federal Aviation Administration) [Docket
No. 95-NM-171-AD; Amendment 39-9700; AD 96-15-10] (RIN: 2120-
AA64) received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A): to the Committee on Transportation and
Infrastructure.
4447. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 747-400 Series
Airplanes Equipped With BF Goodrich Evacuation Slide/Rafts
(Federal Aviation Administration) [Docket No. 95-NM-218-AD;
Amendment 39-9698; AD96-15-08] (RIN: 2120-AA64) received July
29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4448. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A320-111, -211, and -
231 Series Airplanes (Federal Aviation Administration)
[Docket No. 95-NM-208-AD; Amendment 39-9699; AD 96-15-09]
(RIN: 2120-AA64) received July 29, 1996, pursuant to 5
[[Page 1753]]
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4449. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Colstrip, Montana (Federal
Aviation Administration) [Airspace Docket No. 95-ANM-22]
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4450. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Advanced Simulation Plan Revisions (Federal Aviation
Administration) [Docket No. 28072; Amendment No. 121-258]
(RIN: 2120-AF29) received July 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4451. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Door Locks and Door
Retention Components (National Highway Traffic Safety
Administration) [Docket No. 94-70, Notice 4] (RIN: 2127-AF35)
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4452. A letter from the Director, Office of Regulations
Management Department of Veterans Affairs, transmitting the
Department's final rule--Schedule for Rating Disabilities;
Infectious Diseases, Immune Disorders and Nutritional
Deficiencies (Systemic Conditions) (RIN: 2900-AE95) received
July 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
4453. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Weighted Average Interest Rate Update (Notice 96-38) received
July 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
4454. A letter from the Clerk of the Court, United States
Court of Federal Claims, transmitting an Advisory Opinion;
Cable TV on Military Bases; Termination for Convenience (No.
96-133X), pursuant to Public Law 104-106 section 823 (110
Stat. 399); jointly, to the Committees on National Security,
the Judiciary, Commerce, and Government Reform and Oversight.
4455. A letter from the Chairperson, National Council on
Disability, transmitting progress made in implementing
recommendations contained in its report of July 26, 1996,
``Achieving Independence''; concurrent status and trends in
the status of individuals with disabilities, pursuant to 29
U.S.C. 781(b)(1); jointly, to the Committees on Economic and
Educational Opportunities, the Judiciary, Transportation and
Infrastructure, and Commerce.
para.97.6 committees and subcommittees to sit
On motion of Mr. SCHAEFER, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Banking and Financial
Services, the Committee on Economic and Educational Opportunities, the
Committee on Government Reform and Oversight, the Committee on
International Relations, the Committee on the Judiciary, the Committee
on National Security, the Committee on Resources, the Committee on
Science, and the Committee on Transportation and Infrastructure.
para.97.7 agriculture appropriations
On motion of Mr. SKEEN, by unanimous consent, the bill (H.R. 3603)
making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes; together with the amendments
of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. SKEEN, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. JONES, by unanimous consent,
appointed of Messrs. Skeen, Myers, Walsh, Dickey, Kingston, Riggs,
Nethercutt, Livingston, Durbin, Ms. Kaptur, Messrs. Thornton, Fazio, and
Obey, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.97.8 energy policy and conservation
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 3868)
to extend certain programs under the Energy Policy and Conservation Act
through September 30, 1996.
The SPEAKER pro tempore, Mr. JONES, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. JONES, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.9 development disabilities assistance
Mr. FRISA moved to suspend the rules and pass the bill (H.R. 3867) to
amend the Developmental Disabilities Assistance and Bill of Rights Act
to extend the Act, and for other purposes.
The SPEAKER pro tempore, Mr. JONES, recognized Mr. FRISA and Mr.
WAXMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. JONES, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.10 development disabilities assistance
On motion of Mr. FRISA, by unanimous consent, the Committee on
Commerce was discharged from further consideration of the bill of the
Senate (S. 1757) to amend the Developmental Disabilities Assistance and
Bill of Rights Act to extend the Act, and for other purposes.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.97.11 trade laws corrections
Mr. CRANE moved to suspend the rules and pass the bill (H.R. 3815) to
make technical corrections and miscellaneous amendments to trade laws;
as amended.
The SPEAKER pro tempore, Mr. JONES, recognized Mr. CRANE and Mr.
GIBBONS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. JONES, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.12 alaska fishing
Mr. CALVERT moved to suspend the rules and pass the bill (H.R. 1786)
to regulate fishing in certain waters of Alaska; as amended.
The SPEAKER pro tempore, Mr. JONES, recognized Mr. CALVERT and Mr.
JOHNSON of South Dakota, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. JONES, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
[[Page 1754]]
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.13 national geologic mapping reauthorization
Mr. CALVERT moved to suspend the rules and pass the bill (H.R. 3198)
to reauthorize and amend the National Geologic Mapping Act of 1992, and
for other purposes.
The SPEAKER pro tempore, Mr. JONES, recognized Mr. CALVERT and Mr.
JOHNSON of South Dakota, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.14 crawford national fish hatchery
Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 3287) to
direct the Secretary of the Interior to convey the Crawford National
Fish Hatchery to the city of Crawford, Nebraska; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.15 walhalla national fish hatchery
Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 3546) to
direct the Secretary of the Interior to convey the Walhalla National
Fish Hatchery to the State of South Carolina; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.16 marion national fish hatchery
Mr. SAXTON moved to suspend the rules and pass the bill (H.R. 3557) to
direct the Secretay of the Interior to convey the Marion National Fish
Hatchery to the State of Alabama; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr.
STUDDS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act
direct the Secretary of the Interior to convey the Marion National Fish
Hatchery and the Claude Harris National Aquacultural Research Center to
the State of Alabama.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.17 2002 winter olympic games
Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 3907) to
facilitate the 2002 Winter Olympic Games in the State of Utah at the
Snowbasin Ski Area, to provide for the acquisition of lands within the
Sterling Forest Reserve, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. HANSEN and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.18 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate has passed bills of the following titles in
which the concurrence of the House is requested:
S. 84. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement for the vessel BAGGER, and for other purposes.
S. 172. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation for the vessel L.R.
BEATTIE.
S. 212. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel SHAMROCK V.
S. 213. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel ENDEAVOUR.
S. 278. An Act to authorize a certificate of documentation
for the vessel SERENITY.
S. 279. An Act to authorize a certificate of documentation
for the vessel WHY KNOT.
S. 475. An Act to authorize a certificate of documentation
for the vessel LADY HAWK.
S. 480. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel GLEAM.
S. 482. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement for the vessel EMERALD AYES.
S. 492. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation for the vessel
INTREPID.
S. 493. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation for the vessel
CONSORTIUM.
S. 527. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel EMPRESS.
S. 528. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement for three vessels.
S. 535. An Act to authorize the Secretary of Transportation
to issue certificates of documentation with appropriate
endorsement for employment in coastwise trade for each of 2
vessels named GALLANT LADY, subject to certain conditions,
and for other purposes.
S. 561. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel ISABELLE, and for other purposes.
S. 583. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement for two vessels.
S. 653. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel AURA.
S. 654. An Act to authorize the Secretary of Transportation
to issue a certificate of docu
[[Page 1755]]
mentation with the appropriate endorsement for employment in
the coastwise trade for the vessel SUNRISE.
S. 655. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel MARANTHA.
S. 656. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel QUIETLY.
S. 680. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement vessel YES DEAR.
S. 739. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel SISU, and for other purposes.
S. 763. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement for the vessel EVENING STAR, and for other
purposes.
S. 802. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation and coastwise trade
endorsement for vessel ROYAL AFFAIRE.
S. 808. An Act to extend the deadline for the conversion of
the vessel M/V TWIN DRILL, and for other purposes.
S. 826. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel PRIME TIME, and for other purposes.
S. 869. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel DRAGONESSA, and for other purposes.
S. 889. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with the appropriate
endorsement for employment in the coastwise trade for the
vessel WOLF GANG II, and for other purposes.
S. 911. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade of the
United States for the vessel SEA MISTRESS.
S. 975. An Act to authorize the Secretary of Transportation
to issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel JAJO, and for other purposes.
S. 1016. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel MAGIC CARPET.
S. 1017. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel CHRISSY.
S. 1040. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel ONRUST.
S. 1041. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel EXPLORER.
S. 1046. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
of the United States for fourteen former United States Army
hovercraft.
S. 1047. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
endorsements for the vessels ENCHANTED ISLES and ENCHANTED
SEAS.
S. 1149. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel BABS, and for other purposes.
S. 1272. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel BILLY BUCK.
S. 1281. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel SARAH-CHRISTEN.
S. 1281. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel TRIAD.
S. 1319. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel TOO MUCH FUN, and for other purposes.
S. 1347. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for the vessel CAPTAIN DARYL, and for
other purposes.
S. 1348. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for the vessel ALPHA TANGO, and for
other purposes.
S. 1349. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for the vessel OLD HAT, and for other
purposes.
S. 1358. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel CAROLYN, and for other purposes.
S. 1362. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel FOCUS.
S. 1383. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel WESTFJORD.
S. 1384. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel GOD'S GRACE II.
S. 1454. An Act to authorize the Secretary of
Transportation to issue a certification of documentation with
appropriate endorsement for employment in the coastwise trade
and fisheries for the vessel JOAN MARIE, and for other
purposes.
S. 1455. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel MOVIN ON, and for other purposes.
S. 1456. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel PLAY HARD, and for other purposes.
S. 1457. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel SHOGUN, and for other purposes.
S. 1545. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel MOONRAKER, and for other purposes.
S. 1566. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel MARSH GRASS TOO.
S. 1588. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel KALYPSO.
S. 1631. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel EXTREME, and for other purposes.
S. 1648. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel HERCO TYME.
S. 1682. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel LIBERTY.
S. 1825. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel HALCYON.
S. 1826. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel COURIER SERVICE.
S. 1828. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel TOP GUN.
S. 1924. An Act to authorize the Secretary of
Transportation to issue a certificate of documentation and
coastwise trade endorsement for the vessel DAMN YANKEE.
S. 1933. To authorize a certificate of documentation for
certain vessels, and for other purposes.
para.97.19 water resources development
Mr. SHUSTER moved to suspend the rules and pass the bill (H.R. 3592)
to provide for conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SHUSTER and Mr.
BORSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.20 water resources development
On motion of Mr. SHUSTER, by unanimous consent, the bill of the Sen
[[Page 1756]]
ate (S. 640) to provide for the conservation and development of water
and related resources, to authorize the Secretary of the Army to
construct various projects for improvements to rivers and harbors of the
United States, and for other purposes; was taken from the Speaker's
table.
When said bill was considered and read twice.
Mr. SHUSTER submitted the following amendment which was agreed to:
Strike out all after the enacting clause and insert the provisions of
H.R. 3592, as passed by the House.
The bill, as amended, was ordered to be read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
By unanimous consent, H.R. 3592, a similar House bill, was laid on the
table.
para.97.21 oscar garcia rivera post office
Mr. McHUGH moved to suspend the rules and pass the bill (H.R. 885) to
designate the United States Post Office building located at 153 East
110th Street, New York, New York, as the ``Oscar Garcia Rivera Post
Office Building''.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. McHUGH and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.22 augusta ``gusty'' hornblower post office
Mr. McHUGH moved to suspend the rules and pass the bill (H.R. 3768) to
designate a United States Post Office to be located in Groton,
Massachusetts, as the ``Augusta `Gusty' Hornblower United States Post
Office''.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. McHUGH and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.23 rose y. caracappa post office
Mr. McHUGH moved to suspend the rules and pass the bill (H.R. 3139) to
redesignate the United States Post Office building located at 245
Centereach Mall on Middle Country Road in Centereach, New York, as the
``Rose Y. Caracappa United States Post Office Building''.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. McHUGH and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.24 roger p. mcauliffe post office
Mr. McHUGH moved to suspend the rules and pass the bill (H.R. 3834) to
redesignate the Dunning Post Office in Chicago, Illinois, as the ``Roger
P. McAuliffe Post Office''.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. McHUGH and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.25 amos f. longoria post office
Mr. McHUGH moved to suspend the rules and pass the bill (H.R. 2700) to
designate the United States Post Office building located at 7980 FM 327,
Elmendorf, Texas, as the ``Amos F. Longoria Post Office Building''; as
amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. McHUGH and Mr.
MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the building located at 8302 FM 327, Elmendorf, Texas, which
houses operations of the United States Postal Service, as the `Amos F.
Longoria Post Office Building'.''.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.26 veterans employment opportunities
Mr. MICA moved to suspend the rules and pass the bill (H.R. 3586) to
amend title 5, United States Code, to strengthen veterans' preference,
to increase employment opportunities for veterans, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. MICA and Mr. MORAN,
each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.27 veterans health care eligibility
Mr. STUMP moved to suspend the rules and pass the bill (H.R. 3118) to
amend title 38, United States Code, to reform eligibility for health
care provided by the Department of Veterans Affairs; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. STUMP and Mr.
MONTGOMERY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
[[Page 1757]]
Mr. SOLOMON demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mrs. MYRICK, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.97.28 compensatory time
The SPEAKER pro tempore, Mrs. MYRICK, pursuant to House Resolution 488
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2391) to amend the Fair Labor Standards Act of 1938 to provide
compensatory time for all employees.
The SPEAKER pro tempore, Mrs. MYRICK, by unanimous consent, designated
Mr. LaHOOD as Chairman of the Committee of the Whole; and after some
time spent therein,
The SPEAKER pro tempore, Mr. WELLER, assumed the Chair.
When Mr. LaHOOD, Chairman, pursuant to House Resolution 488, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Flexibility
Act of 1996''.
SEC. 2. COMPENSATORY TIME.
Subsection (o) of section 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 207) is amended--
(1) by striking paragraphs (1) through (5) and inserting
the following:
``(1) An employee may receive, in accordance with this
subsection and in lieu of monetary overtime compensation,
compensatory time off at a rate not less than one and one-
half hours for each hour of employment for which overtime
compensation is required by this section.
``(2) An employer may provide compensatory time under
paragraph (1) only--
``(A) pursuant to--
``(i) applicable provisions of a collective bargaining
agreement, memorandum of understanding, or any other
agreement between the employer and representatives of such
employees, or
``(ii) in the case of employees who are not represented by
a collective bargaining agent or other representative
designated by the employee, an agreement or understanding
arrived at between the employer and employee before the
performance of the work if such agreement or understanding
was entered into knowingly and voluntarily by such employee;
``(B) in the case of an employee who is not an employee of
a public agency, if such employee has affirmed, in a written
or otherwise verifiable statement that is made, kept, and
preserved in accordance with section 11(c), that the employee
has chosen to receive compensatory time in lieu of overtime
compensation; and
``(C) if the employee has not accrued compensatory time in
excess of the limit applicable to the employee prescribed by
paragraph (4) or (5).
In the case of employees described in subparagraph (A)(ii)
who are employees of a public agency and who were hired
before April 15, 1986, the regular practice in effect on such
date with respect to compensatory time off for such employees
in lieu of the receipt of overtime compensation, shall
constitute an agreement or understanding described in such
subparagraph. Except as provided in the preceding sentence,
the provision of compensatory time off to employees of a
public agency for hours worked after April 14, 1986, shall be
in accordance with this subsection. An employer may provide
compensatory time under paragraph (1) to an employee who is
not an employee of a public agency only if such agreement or
understanding was not a condition of employment.
``(3) An employer which is not a public agency and which
provides compensatory time under paragraph (1) to employees
shall not directly or indirectly intimidate, threaten, or
coerce or attempt to intimidate, threaten, or coerce any
employee for the purpose of--
``(A) interfering with such employee's rights under this
subsection to request or not request compensatory time off in
lieu of payment of overtime compensation for overtime hours;
or
``(B) requiring any employee to use such compensatory time.
``(4)(A) An employee, who is not an employee of a public
agency, may accrue not more than 240 hours of compensatory
time.
``(B)(i) Not later than January 31 of each calendar year,
the employee's employer shall provide monetary compensation
for any compensatory time off accrued during the preceding
calendar year which was not used prior to December 31 of the
preceding year at the rate prescribed by paragraph (6). An
employer may designate and communicate to the employer's
employees a 12-month period other than the calendar year, in
which case such compensation shall be provided not later than
31 days after the end of such 12-month period.
``(ii) The employer may provide monetary compensation for
an employee's unused compensatory time in excess of 80 hours
at any time after giving the employee at least 30 days
notice. Such compensation shall be provided at the rate
prescribed by paragraph (6).
``(iii) An employer which has adopted a policy offering
compensatory time to employees may discontinue such policy
upon giving employees 30 days notice. An employee who is not
an employee of a public agency may withdraw an agreement or
understanding described in paragraph (2)(A)(ii) at any time.
``(C) An employee may also request in writing that monetary
compensation be provided, at any time, for all compensatory
time accrued which has not yet been used. Within 30 days of
receiving the written request, the employer shall provide the
employee the monetary compensation due in accordance with
paragraph (6).
``(5)(A) If the work of an employee of a public agency for
which compensatory time may be provided included work in a
public safety activity, an emergency response activity, or a
seasonal activity, the employee engaged in such work may
accrue not more than 480 hours of compensatory time for hours
worked after April 15, 1986. If such work was any other work,
the employee engaged in such work may accrue not more than
240 hours of compensatory time for hours worked after April
15, 1986. Any such employee who, after April 15, 1986, has
accrued 480 or 240 hours, as the case may be, of compensatory
time off shall, for additional overtime hours of work, be
paid overtime compensation.
``(B) If compensation is paid to an employee described in
subparagraph (A) for accrued compensatory time off, such
compensation shall be paid at the regular rate earned by the
employee at the time the employee receives such payment.
``(6)(A) An employee of an employer which is not a public
agency who has accrued compensatory time off authorized to be
provided under paragraph (1) shall, upon the voluntary or
involuntary termination of employment, be paid for the unused
compensatory time at a rate of compensation not less than--
``(i) the average regular rate received by such employee
during the period during which the compensatory time was
accrued, or
``(ii) the final regular rate received by such employee,
whichever is higher.
``(B) An employee of an employer which is a public agency
who has accrued compensatory time off authorized to be
provided under paragraph (1) shall, upon the voluntary or
involuntary termination of employment, be paid for the unused
compensatory time at a rate of compensation not less than--
``(i) the average regular rate received by such employee
during the last 3 years of the employee's employment, or
``(ii) the final regular rate received by such employee,
whichever is higher.
``(C) Any payment owed to an employee under this subsection
for unused compensatory time shall be considered unpaid
overtime compensation.
``(7) An employee--
``(A) who has accrued compensatory time off authorized to
be provided under paragraph (1), and
``(B) who has requested the use of such compensatory time,
shall be permitted by the employee's employer to use such
time within a reasonable period after making the request if
the use of the compensatory time does not unduly disrupt the
operations of the employer.''; and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216) is amended--
(1) in subsection (b), by striking ``(b) Any employer'' and
inserting ``(b) Except as provided in subsection (f), any
employer''; and
(2) by adding at the end the following:
``(f) An employer which is not a public agency and which
violates section 7(o)(3) shall be liable to the employee
affected in the amount of the rate of compensation
(determined in accordance with section 7(o)(6)(A)) for each
hour of compensatory time accrued by the employee and in an
additional equal amount as liquidated damages reduced by the
amount of such rate of compensation for each hour of
compensatory time used by such employee.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Labor shall revise the materials
the Secretary provides, under regulations published at 29
C.F.R. 516.4, to employers for purposes of a notice
explaining the Fair Labor Standards Act of 1938 to employees
so that such notice reflects the amendments made to such Act
by this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. WELLER, announced that the yeas had it.
[[Page 1758]]
Mr. CLAY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
225
When there appeared
<3-line {>
Nays
195
para.97.29 [Roll No. 370]
YEAS--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Harman
Hastert
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Zeliff
NAYS--195
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Boehlert
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Forbes
Frank (MA)
Franks (CT)
Frisa
Frost
Furse
Gejdenson
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Smith (NJ)
Solomon
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
NOT VOTING--14
Foglietta
Ford
Gephardt
Hastings (WA)
Inglis
Lincoln
McDade
Meek
Ortiz
Peterson (FL)
Richardson
Sisisky
Young (FL)
Zimmer
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.30 h.r. 3118--unfinished business
The SPEAKER pro tempore, Mr. WELLER, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3118) to amend title 38, United States Code, to
reform eligibility for health care provided by the Department of
Veterans Affairs; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
416
<3-line {>
affirmative
Nays
0
para.97.31 [Roll No. 371]
YEAS--416
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
[[Page 1759]]
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOT VOTING--17
Brownback
Cunningham
Danner
Foglietta
Ford
Gephardt
Hastings (WA)
Inglis
Lincoln
McDade
Meek
Ortiz
Peterson (FL)
Richardson
Sisisky
Young (FL)
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.97.32 foreign operations appropriations
On motion of Mr. CALLAHAN, by unanimous consent, the bill (H.R. 3540)
making appropriations for foreign operations, export financing and
related programs for the fiscal year ending September 30, 1997, and for
other purposes; together with the amendment of the Senate thereto, was
taken from the Speaker's table.
When on motion of Mr. CALLAHAN, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
para.97.33 motion to instruct conferees--h.r. 3540
Mr. WILSON moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3540, be
instructed to provide funding for the United Nations Children's Fund
(UNICEF) at the level specified by the House.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WELLER, announced that the yeas had it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.97.34 appointment of conferees--h.r. 3540
Thereupon, the SPEAKER pro tempore, Mr. WELLER, by unanimous consent,
appointed Messrs. Callahan, Porter, Livingston, Lightfoot, Wolf,
Packard, Knollenberg, Forbes, Bunn, Wilson, Yates, Ms. Pelosi, Mr.
Torres, Mrs. Lowey, and Mr. Obey, as managers on the part of the House
at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.97.35 dod appropriations
On motion of Mr. LIVINGSTON, by unanimous consent, the bill (H.R.
3610) making appropriations for the Department of Defense for the fiscal
year ending September 30, 1997, and for other purposes; together with
the amendments of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. LIVINGSTON, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses.
Thereupon, the SPEAKER pro tempore, Mr. WELLER, by unanimous consent,
appointed Messrs. Young of Florida, Livingston, Lewis of California,
Skeen, Hobson, Bonilla, Nethercutt, Istook, Murtha, Dicks, Wilson,
Hefner, Sabo, and Obey, as managers on the part of the House at said
conference thereon.
Ordered, That the Clerk notify the Senate thereof.
para.97.36 providing for a closed conference--h.r. 3610
Mr. LIVINGSTON moved, pursuant to clause 6(a) of rule XXVIII, that the
conference committee meetings between the House and the Senate on the
bill (H.R. 3610) making appropriations for the Department of Defense for
the fiscal year ending September 30, 1997, and for other purposes; be
closed to the public at such times as classified national security
information is under consideration; Provided, however, That any sitting
Member of Congress shall have a right to attend any closed or open
meeting.
The question being put,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. WELLER, announced that a roll call was
required under clause 6, rule XXVIII, and the call was taken by
electronic device.
It was decided in the
Yeas
410
<3-line {>
affirmative
Nays
3
para.97.37 [Roll No. 372]
YEAS--410
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
[[Page 1760]]
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NAYS--3
DeFazio
Schroeder
Stark
NOT VOTING--20
Brownback
Chapman
Clay
Danner
English
Foglietta
Ford
Gibbons
Hastings (WA)
Lincoln
McDade
Meek
Morella
Ortiz
Peterson (FL)
Richardson
Sisisky
Williams
Young (FL)
Zimmer
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.97.38 permission to file conference report
On motion of Mr. SKEEN, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 104-726) on the bill (H.R. 3603) making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.97.39 permission to file conference report
On motion of Mr. SKEEN, by unanimous consent, the managers on the part
of the House were granted permission until midnight tonight to file a
conference report (Rept. No. 104-721) on the bill (H.R. 3517) making
appropriations for military construction, family housing, and base
realignment and closure for the Department of Defense for fiscal year
ending September 30, 1997, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
para.97.40 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3754. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1997, and for
other purposes.
The message also announced that the Senate insists upon its amendments
to the bill (H.R. 3754) ``An Act making appropriations for the
Legislative Branch for the fiscal year ending September 30, 1997, and
for other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Mack, Mr.
Bennett, Mr. Campbell, Mr. Hatfield, Mrs. Murray, Ms. Mikulski, and Mr.
Byrd to be the conferees on the part of the Senate.
para.97.41 legislative appropriations
On motion of Mr. PACKARD, by unanimous consent, the bill (H.R. 3754)
making appropriations for the Legislative Branch for the fiscal year
ending September 30, 1997, and for other purposes; together with the
amendments of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. PACKARD, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
para.97.42 motion to instruct conferees--h.r. 3754
Mr. THORNTON moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3754, be
instructed to concur in the Senate amendments authorizing continuation
of and making funds available for the American Folklife Center at the
Library of Congress.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.97.43 appointment of conferees--h.r. 3754
Thereupon, the SPEAKER pro tempore, Mr. LaTOURETTE, by unanimous
consent, appointed Messrs. Packard, Young of Florida, Miller of Florida,
Wicker, Livingston, Thornton, Serrano, Fazio, and Obey as managers on
the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.97.44 subpoena
The SPEAKER pro tempore, Mr. LaTOURETTE, laid before the House the
following communication from Miss Collins of Michigan:
Congress of the United States,
House of Representatives,
Washington, DC, July 25, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that the custodian of records in my Washington office has
been served with a grand jury subpoena duces tecum issued by
the U.S. District Court for the Eastern District of Michigan.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena may be
consistent with the precedents and privileges of the House
with respect to some documents sought by the subpoena, but
that the subpoena may seek other documents that are
privileged from production by the Speech or Debate Clause of
the Constitution.
Sincerely,
Barbara-Rose Collins,
Member of Congress.
para.97.45 waiving requirement of clause 4(b) with respect to certain
resolutions
Mr. McINNIS, by direction of the Committee on Rules, reported (Rept.
No. 104-720) the resolution (H. Res. 492) waiving a requirement of
clause 4(b) of rule XI with respect to consideration of a certain
resolution reported from the Committee on Rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.97.46 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Edwin Thomas, one of his secretaries.
para.97.47 clerk to correct engrossment--h.r. 3592
On motion of Mr. BORSKI, by unanimous consent,
Ordered, That in the engrossment of the bill (H.R. 3592) to provide
for con
[[Page 1761]]
servation and development of water and related resources, to authorize
the Secretary of the Army to construct various projects for improvements
to rivers and harbors of the United States, and for other purposes, the
Clerk be authorized to correct section 585 to change the reference from
Evansville, Illinois, to make it Evanston, Illinois.
para.97.48 message from the president--veto of h.r. 743
The SPEAKER pro tempore, Mr. McINNIS, laid before the House a message
from the President, which was read as follows:
To the House of Representatives:
I am returning herewith without my approval, H.R. 743, the ``Teamwork
for Employees and Managers Act of 1995.'' This act would undermine
crucial employee protections.
I strongly support workplace practices that promote cooperative labor-
management relations. In order for the United States to remain globally
competitive into the next century, employees must recognize their stake
in their employer's business, employers must value their employees'
labor, and each must work in partnership with the other. Cooperative
efforts, by promoting mutual trust and respect, can encourage
innovation, improve productivity, and enhance the efficiency and
performance of American workplaces.
Current law provides for a wide variety of cooperative workplace
efforts. It permits employers to work with employees in quality circles
to improve quality, efficiency, and productivity. Current law also
allows employers to delegate significant managerial responsibilities to
employee work teams, sponsor brainstorming sessions, and solicit
employee suggestions and criticisms. Today, 30,000 workplaces across the
country has employee involvement plans. According to one recent survey,
96 percent of large employers already have established such programs.
I strongly support further labor-management cooperation within the
broad parameters allowed under current law. To the extent that recent
National Labor Relations Board (NLRB) decisions have created uncertinty
as to the scope of permissible cooperation, the NLRB, in the exercise of
its independent authority, should provide guidance to clarify the broad
legal boundaries of the labor-management teamwork. The Congress rejected
a more narrowly defined proposal designed to accomplish that objective.
Instead, this legislation, rather than promoting gueuine teamwork,
would undermine the system of collective bargaining that has served this
country so well for many decades. It would do this by allowing employers
to establish company unions where no union currently exists and
permitting company dominated unions where employees are in the process
of determining whether to be represented by a union. Rather than
encouraging true workplace cooperation, this bill would abolish
protections that ensure independent and democratic representation in the
workplace.
True cooperative efforts must be based on must partnerships. A context
of mutual trust and respect encourages the prospect or achieving
workplace innovation, improved productivity, and enhanced efficiency and
workplace performance. Any ambiguities in he situation should be
resolved, but without weakening or eliminating the fundamental right of
employees to collective bargaining.
William J. Clinton.
The White House, July 30, 1996.
The SPEAKER pro tempore, Mr. McINNIS, ordered that the veto message,
together with the accompanying bill, be printed (H. Doc. 104-251) and
spread upon the pages of the Journal of the House.
On motion of Mr. GUTKNECHT, by unanimous consent, further
consideration of the veto message was postponed until Wednesday, July
31, 1996.
para.97.49 recess--10:01 p.m.
The SPEAKER pro tempore, Mr. McINNIS, pursuant to clause 12 of rule I,
declared the House in recess at 10 o'clock and 1 minute p.m., subject to
the call of the Chair.
para.97.50 after recess--11:55 p.m.
The SPEAKER pro tempore, Mr. McINNIS, called the House to order.
para.97.51 submission of conference report--h.r. 3230
Mr. KASICH submitted a conference report (Rept. No. 104-724) on the
bill (H.R. 3230) to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1997, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.97.52 submission of conference report--h.r. 3734
Mr. KASICH submitted a conference report (Rept. No. 104-725) on the
bill (H.R. 3734) to provide for reconciliation pursuant to section
201(a)(1) of the concurrent resolution on the budget for fiscal year
1997; together with a statement thereon, for printing in the Record
under the rule.
para.97.53 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. LINCOLN, for today and balance of the week;
To Mr. ORTIZ, for today;
To Mrs. MINK, for today; and
To Mr. YOUNG of Florida, for today and balance of the week.
And then,
para.97.54 adjournment
On motion of Mr. KASICH, at 11 o'clock and 58 minutes p.m., the House
adjourned.
para.97.55 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. BLILEY: Committee on Commerce. H.R. 3867. A bill to
amend the Developmental Disabilities Assistance and Bill of
Rights Act to extend the act, and for other purposes (Rept.
No. 104-719). Referred to the Committee of the Whole House on
the State of the Union.
Mr. McINNIS: Committee on Rules. House Resolution 492.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of a certain resolution
reported from the Committee on Rules (Rept. No. 104-720).
Referred to the House Calendar.
Mrs. VUCANOVICH: Committee of Conference. Conference report
on H.R. 3517. A bill making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for fiscal year ending
September 30, 1997, and for other purposes (Rept. No. 104-
721). Ordered to be printed.
Mr. GILMAN: Committee on International Relations. H.R.
3759. A bill to extend the authority of the Overseas Private
Investment Corporation, and for other purposes; with an
amendment (Rept. No. 104-722). Referred to the Committee of
the Whole House on the State of the Union.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 123. A bill to amend title 4, United
States Code, to declare English as the official language of
the Government of the United States; with an amendment (Rept.
No. 104-723). Referred to the Committee of the Whole House on
the State of the Union.
Mr. SPENCE: Committee of Conference. Conference report on
H.R. 3230. A bill to authorize appropriations for fiscal year
1997 for military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 1997,
and for other purposes (Rept. No. 104-724). Ordered to be
printed.
Mr. KASICH: Committee on Conference. Conference report on
H.R. 3734. A bill to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997 (Rept. No. 104-725). Ordered to be
printed.
Mr. SKEEN: Committee on Conference. Conference report on
H.R. 3603. A bill making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1997, and for other purposes (Rept. No. 104-726). Ordered to
be printed.
para.97.56 discharge of committee
Pursuant to clause 5 of rule X the Committee on Ways and Means
discharged from further consideration. H.R. 3539 referred to the
Committee of the Whole House on the State of the Union.
para.97.57 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. GILMAN (for himself, Mr. Andrews, and Mr. Fox):
H.R. 3916. A bill to make available certain Voice of
America and Radio Marti multilingual computer readable text
and voice recordings; to the Committee on International
Relations.
[[Page 1762]]
By Mr. MILLER of California (for himself, Mr. Vento,
Mr. Hinchey, Mr. Gejdenson, Mr. Studds, and Mr.
Olver):
H.R. 3917. A bill to require full cost pricing for
irrigation water delivered by the Bureau of Reclamation from
new projects under new long-term contracts, and for other
purposes; to the Committee on Resources.
By Ms. NORTON:
H.R. 3918. A bill to amend title 5, United States Code, to
treat employees of the Government of the District of Columbia
in the same manner as employees of State and local
governments are treated for the purposes of the Hatch Act; to
the Committee on Government Reform and Oversight.
By Mr. OBEY (for himself, Mr. Clay, Mr. Miller of
California, Mr. Yates, Mr. Brown of California, Mr.
Frost, Mr. Lipinski, Ms. DeLauro, and Mr. Hinchey):
H.R. 3919. A bill to provide financial aid grants for
college and technical school education; to the Committee on
Economic and Educational Opportunities.
By Mr. PETRI:
H.R. 3920. A bill to amend chapter 35 of title 44, United
States Code, popularly known as the Paperwork Reduction Act,
to require that collections of information that ask a
respondent to specify a racial classification or ethnic
classification from among a list of classifications shall
provide an opportunity for the respondent to specify,
respectively, multiracial or multiethnic; to the Committee on
Government Reform and Oversight.
By Ms. WOOLSEY:
H.R. 3921. A bill to recognize businesses which show an
exemplary commitment to participating with schools to enhance
educators' technology capabilities and to make every student
technologically literate; to the Committee on Economic and
Educational Opportunities.
By Ms. WOOLSEY (for herself, Mrs. Morella, Mrs.
Maloney, Mr. Dellums, Mr. Berman, Mr. Barrett of
Wisconsin, Mr. Nadler, Mr. Torricelli, Mr. Stockman,
Mr. Gejdenson, and Mr. Frank of Massachusetts):
H. Con. Res. 205. Concurrent resolution expressing the
sense of the Congress that the German Government should
investigate and prosecute Dr. Hans Joachim Sewering for his
war crimes of euthanasia committed during World War II; to
the Committee on International Relations.
By Mr. DORNAN:
H. Res. 493. Resolution urging that certain actions be
taken with respect to Vietnamese asylum seekers; to the
Committee on International Relations, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. PAYNE of New Jersey (for himself, Mr. Porter,
Mr. Lantos, Ms. Pelosi, Mr. Hastings of Florida, Mr.
Ackerman, Mr. Fattah, Mr. Torricelli, Mrs. Clayton,
Mr. Olver, Mr. Evans, and Ms. Waters):
H. Res. 494. Resolution expressing the sense of the House
of Representatives that criminals from the genocide in Rwanda
should be brought to justice by the International Criminal
Tribunal for Rwanda; to the Committee on International
Relations.
para.97.58 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. CANADY:
H.R. 3915. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise
trade, in the fisheries, and on the Great Lakes and their
tributary and connecting waters in trade with Canada, for the
vessel Maralinda; to the Committee on Transportation and
Infrastructure.
By Mr. McCOLLUM:
H.R. 3922. A bill for the relief of Juice Farms, Inc.; to
the Committee on Ways and Means.
para.97.59 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 103: Mr. Gutknecht and Ms. Lofgren.
H.R. 132: Ms. Norton.
H.R. 206: Mr. Watts of Oklahoma.
H.R. 447: Mr. Gillmor.
H.R. 561: Mr. DeFazio.
H.R. 580: Mr. Meehan.
H.R. 911: Mr. Duncan.
H.R. 941: Mr. Condit.
H.R. 1325: Mr. Bachus, Mr. Borski, and Mr. LaTourette.
H.R. 1406: Mr. Ackerman, Mr. Beilenson, Mr. Durbin, Mr.
Quillen, and Mr. Martinez.
H.R. 1560: Mr. Vento.
H.R. 1863: Mr. Gephardt and Mr. Brown of Ohio.
H.R. 2026: Mr. Allard.
H.R. 2167: Mrs. Morella.
H.R. 2270: Mr. Hastings of Washington.
H.R. 2421: Mr. Franks of New Jersey.
H.R. 2654: Mr. Hilliard.
H.R. 2748: Mr. Dixon.
H.R. 2849: Mr. Manton.
H.R. 2892: Mr. Yates.
H.R. 2900: Mr. Coble, Mr. Jefferson, and Mr. Vento.
H.R. 2913: Mr. Vento.
H.R. 3000: Mr. Clyburn and Mr. Jackson.
H.R. 3117: Ms. Pryce.
H.R. 3142: Mr. Jacobs, Mr. Dicks, and Mr. Dooley.
H.R. 3195: Mr. Souder.
H.R. 3207: Mr. Pastor.
H.R. 3213: Mr. Ackerman.
H.R. 3455: Ms. Roybal-Allard and Ms. Slaughter.
H.R. 3518: Mr. Dooley.
H.R. 3521: Ms. DeLauro.
H.R. 3560: Mr. Ackerman, Mr. Barrett of Wisconsin, Mr.
Bishop, Ms. Brown of Florida, Mr. Brown of California, Mr.
Clay, Mrs. Clayton, Mr. Clyburn, Mr. Cummings, Miss. Collins
of Michigan, Mr. Conyers, Mr. Costello, Mr. DeFazio, Mr. de
la Garza, Mr. Dellums, Mr. Dingell, Mr. Dixon, Mr. Engel, Mr.
Faleomavaega, Mr. Fattah, Mr. Fields of Louisiana, Mr.
Filner, Mr. Forbes, Mr. Flake, Mr. Fox, Mr. Frank of
Massachusetts, Mr. Frazer, Mr. Frost, Mr. Gephardt, Mr.
Gonzalez, Mr. Gutierrez, Mr. Hastings of Florida, Mr.
Hilliard, Mr. Hinchey, Mr. Jackson, Ms. Jackson-Lee, Mr.
Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr. Kennedy of
Massachusetts, Mr. Kennedy of Rhode Island, Mrs. Kennelly,
Mr. King, Mr. LaFalce, Mrs. Lowey, Mr. Markey, Mrs. Maloney,
Mr. Manton, Mr. Martinez, Mr. Matsui, Mr. Minge, Mr.
McDermott, Ms. Millender-McDonald, Mr. McIntosh, Mr. McNulty,
Mrs. Meek of Florida, Mr. Nadler, Ms. Norton, Mr. Owens, Mr.
Payne of New Jersey, Mr. Poshard, Mr. Rush, Mr. Serrano, Mr.
Schumer, Mrs. Schroeder, Mr. Scott, Ms. Slaughter, Mr.
Stokes, Mr. Thompson, Mr. Torres, Mr. Towns, Mr. Traficant,
Ms. Velazquez, Ms. Waters, Mr. Watt of North Carolina, Mr.
Watts of Oklahoma, Mr. Waxman, Mr. Wynn, and Mr. Yates.
H.R. 3619: Ms. Norton.
H.R. 3621: Mr. Frelinghuysen and Mr. LaFalce.
H.R. 3631: Mr. Stump, Mr. Torricelli, Ms. Ros-Lehtinen, Mr.
Hastings of Florida, Mr. Bryant of Texas, Mr. Condit, Mrs.
Meek of Florida, Mr. Frazer, Ms. Brown of Florida, Mr.
Torres, Mr. Bishop, Mr. Pastor, and Mr. Gene Green of Texas.
H.R. 3656: Mr. Bonior, Mr. Stark, and Ms. Norton.
H.R. 3700: Mrs. Maloney.
H.R. 3710: Mr. Clement, Mr. Cummings, Mrs. Lowey, Mr. Mica,
Ms. Furse, Mr. Becerra, Ms. Norton, Mr. Brewster, Ms. Ros-
Lehtinen, Ms. Eshoo, and Mr. Barcia of Michigan.
H.R. 3713: Mr. Flanagan, Mr. Faleomavaega, and Mr.
Gonzalez.
H.R. 3775: Mr. Duncan.
H.R. 3783: Mr. English of Pennsylvania, Mr. Bereuter, Mr.
Norwood, Mr. Condit, and Mr. Pomeroy.
H.R. 3795: Mr. Hutchinson, Mr. Lucas, Mr. Traficant, Mr.
Stearns, and Mr. Leach.
H.R. 3798: Mrs. Kennelly and Ms. Norton.
H.R. 3856: Mr. Condit.
H.R. 3896: Mr. Ney and Mr. Solomon.
H.R. 3907: Mrs. Roukema, Mr. Frelinghuysen, Mr. Boehlert,
Mrs. Kelly, Mr. Gilman, and Mr. Franks of New Jersey.
H. Con. Res. 100: Mr. Skelton.
H. Con. Res. 190: Mr. Owens, Mrs. Morella, and Mr. Franks
of New Jersey.
H. Res. 452: Mr. Radanovich.
H. Res. 478: Mr. Canady.
H. Res. 480: Ms. Greene of Utah.
para.97.60 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3481: Mr. Chrysler.
.
WEDNESDAY, JULY 31, 1996 (98)
para.98.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HEFLEY,
who laid before the House the following communication:
Washington, DC,
July 31, 1996.
I hereby designate the Honorable Joel Hefley to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.98.2 approval of the journal
The SPEAKER pro tempore, Mr. HEFLEY, announced he had examined and
approved the Journal of the proceedings of Tuesday, July 30, 1996.
Mrs. SCHROEDER, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the yeas had it.
Mrs. SCHROEDER objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
[[Page 1763]]
Yeas
302
Nays
85
When there appeared
<3-line {>
Answered present
1
para.98.3 [Roll No. 373]
YEAS--302
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Borski
Boucher
Brewster
Browder
Bryant (TN)
Bryant (TX)
Bunning
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Conyers
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
DeLay
Dellums
Deutsch
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Eshoo
Ewing
Farr
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hoyer
Hyde
Inglis
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lightfoot
Linder
Lipinski
LoBiondo
Lofgren
Lucas
Luther
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Olver
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Roybal-Allard
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Tanner
Tate
Tauzin
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Towns
Traficant
Upton
Velazquez
Vucanovich
Walker
Walsh
Wamp
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Woolsey
Wynn
Zeliff
NAYS--85
Abercrombie
Baldacci
Becerra
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bunn
Clay
Clyburn
Collins (IL)
Costello
Deal
DeFazio
DeLauro
Doyle
Durbin
English
Ensign
Evans
Everett
Fattah
Fazio
Filner
Foglietta
Fox
Funderburk
Gephardt
Geren
Gibbons
Green (TX)
Gutierrez
Gutknecht
Hall (OH)
Hastings (FL)
Hefner
Heineman
Hilliard
Hinchey
Hutchinson
Jackson (IL)
Jacobs
Jefferson
Jones
Kennedy (RI)
LaFalce
Latham
Levin
Lewis (GA)
Lewis (KY)
Lowey
Maloney
McDermott
McNulty
Menendez
Neal
Oberstar
Pallone
Payne (NJ)
Pickett
Pomeroy
Poshard
Ramstad
Rose
Rush
Sabo
Sanders
Schroeder
Scott
Skaggs
Stockman
Taylor (MS)
Thompson
Torkildsen
Vento
Visclosky
Volkmer
Ward
Waters
Watts (OK)
Weller
Wise
Wolf
Yates
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--45
Ackerman
Bono
Brownback
Burton
Chapman
Clayton
Coleman
Collins (MI)
Coyne
Diaz-Balart
Dornan
Engel
Flake
Ford
Frank (MA)
Gillmor
Gonzalez
Gunderson
Hilleary
Horn
Hunter
Istook
Kanjorski
Lincoln
Livingston
Longley
McCrery
McDade
Meehan
Moorhead
Moran
Ortiz
Pelosi
Pombo
Richardson
Riggs
Roth
Serrano
Sisisky
Spratt
Talent
Taylor (NC)
Torricelli
Young (AK)
Young (FL)
So the Journal was approved.
para.98.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4456. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Dried Prunes Produced in California; Assessment Rate [Docket
No. FV96-993-1 IFR] received July 31, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4457. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Onions Grown in Certain Designated Counties in Idaho, and
Malheur, Oregon; Relaxation of Pack and Marketing
Requirements [FV96-958-3 IFR] received July 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4458. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Almonds Grown in California; Assessment Rate [Docket No.
FV96-981-2 IFR] received July 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4459. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Horses from Mexico; Quarantine
Requirements [Docket No. 96-052-1] received July 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4460. A letter from the Chief, Programs and Legislation
Division, Office of Legislative Liaison, Department of the
Air Force, transmitting notification that the Commander of
Air Force Space Command is initiating a multifunction cost
comparison of portions of communications, civil engineering,
information management, and services and personnel activities
at Vandenberg AFB, CA, pursuant to 38 U.S.C. 5010(c)(5) (96
Stat. 1448); to the Committee on National Security.
4461. A letter from the Chief, Programs and Legislation
Division, Office of Legislative Liaison, Department of the
Air Force, transmitting notification that the Commander of
Air Force Space Command is initiating a multifunction cost
comparison of portions of communications, civil engineering,
information management, and services and personnel activities
at Peterson AFB, CO, pursuant to 38 U.S.C. 5010(c)(5) (96
Stat. 1448); to the Committee on National Security.
4462. A letter from the Chief, Programs and Legislation
Division, Office of Legislative Liaison, Department of the
Air Force, transmitting notification that the Commander of
Air Force Space Command is initiating a multifunction cost
comparison of portions of communications, civil engineering,
information management, and services and personnel activities
at Patrick AFB, FL, pursuant to 38 U.S.C. 5010(c)(5) (96
Stat. 1448); to the Committee on National Security.
4463. A letter from the General Counsel, Federal Emergency
Management Agency, transmitting the Agency's final rule--
National Flood Insurance Program; Assistance to Private
Sector Property Insurers (RIN: 3067-AC26) received July 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4464. A letter from the Managing Director, Federal Housing
Finance Board, transmitting the Board's final rule--
Modification of Definition of Deposits in Banks or Trust
Companies [No. 96-48] received July 30, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
4465. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Accidental Release
Prevention Requirements: Risk Management Programs Under Clean
Air Act Section 112(r)(7) (FRL-5516-5) (RIN: 2050-AD26)
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4466. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Illinois (FRL-5424-4)
received July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Commerce.
4467. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Pennsylvania Emission Statement Program (FRL-5427-2) received
July 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4468. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Interim Final
Determination that State has Corrected the Deficiency; Ohio
(FRL-5462-2) received July 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4469. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmit
[[Page 1764]]
ting the Agency's final rule--Designation of Areas for Air
Quality Planning Purposes; Michigan [MI45-01-7240a; FRL-5545-
2] received July 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4470. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Designation of Areas
for Air Quality Planning Purposes; Illinois [IL146-1a; FRL-
5540-6] received July 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4471. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Illinois: Final
Authorization of Revisions to State Hazardous Waste
Management Program (FRL-5544-9) received July 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4472. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting the Commission's final rule--
Standards for Business Practices of Interstate Natural Gas
Pipelines [Docket No. RM96-1-000] received July 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4473. A letter from the Chair, Federal Energy Regulatory
Commission, transmitting the Commission's final rule--Oil
Pipelines Cost-of-Service Filing Requirements [Docket No.
RM96-10-000] received July 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4474. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Medical Devices; Medical Device Distributor and
Manufacturer Reporting; Certification, Registration, Listing,
and Premarket Notification Submission; Stay of Effective
Date; Revocation of Final Rule [Docket No. 91N-0295] (RIN:
0910-AA09) received July 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce,
4475. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreement, other than treaties, entered into by
the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
4476. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service Agency, transmitting the Service's final
rule--Fisheries of the Northeastern United States; Framework
Adjustment 8 Gear Restrictions [Docket No. 950615156-6193-02;
I.D. 070196C] received July 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4477. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Wyoming Regulatory
Program (shrub density stocking requirements and wildlife
habitat) [SPATS No. WY-022] received July 31, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
4478. A letter from the Under Secretary of Commerce for
Technology, Department of Commerce, transmitting the
Department's final rule--Acquisition and Protection of
Foreign Rights in Inventions; Licensing of Foreign Patents
Acquired by the Government; Uniform Patent Policy for Rights
in Inventions Made by Government Employees [Docket No.
960604157-6157-01] (RIN: 0692-AA15) received July 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
4479. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 767 Series Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-161-AD;
Amendment 39-9695; AD 96-14-51] (RIN: 2120-AA64) received
July 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4480. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; British Aerospace Model BAe 146-
100A, -200A, and -300A Series Airplanes (Federal Aviation
Administration) [Docket No. 96-NM-162-AD; Amendment 39-9694;
AD 96-14-09] (RIN: 2120-AA64) received July 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4481. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace, Ames, IA (Federal Aviation
Administration) [Airspace Docket No. 96-ACE-5] (RIN: 2120-
AA66) received July 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4482. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace, McCook, NE (Federal Aviation
Administration) [Docket No. 96-ACE-8] received July 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4483. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace, Russell, KS (Federal Aviation
Administration) [Docket No. 96-ACE-7] received July 31, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4484. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Modification of Class E Airspace; Rice Lake, WI (Federal
Aviation Administration) [Airspace Docket No. 95-AGL-19]
received July 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
4485. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--IFR
Altitudes; Miscellaneous Amendments (Federal Aviation
Administration) [Docket No. 28621; Amdt. No. 397] received
July 31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4486. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Definition of ``Substance Abuse Professional''
(RIN: 2105-AC33) received July 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4487. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendments to Laboratory Certification Requirements [OST
Docket No. OST-96-1532] (RIN: 2105-AC37) received July 31,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4488. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone: Cuyahoga River, Cleveland, OH (U.S. Coast Guard)
[CGD09-95-018] received July 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4489. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Air Brake Systems;
Long-Stroke Brake Chambers [Docket No. 93-54, Notice 3] (RIN:
2127-AG25) received July 31, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4490. A letter from the Comptroller General of the United
States, transmitting a report entitled ``Financial Audit:
Federal Deposit Insurance Corporation's 1995 and 1994
Financial Statements'' [GAO/AIMD-96-89] July 1996, pursuant
to 31 U.S.C. 9106(a); jointly, to the Committees on
Government Reform and Oversight and Banking and Financial
Services.
para.98.5 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3663. An Act to amend the District of Columbia Self-
Government and Governmental Reorganization Act to permit the
Council of the District of Columbia to authorize the issuance
of revenue bonds with respect to water and sewer facilities,
and for other purposes.
The message also announced that the Senate had passed, with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 3816. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1997, and for other purposes.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3816) ``An act making appropriations for energy and
water development for the fiscal year ending September 30, 1997, and for
other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Domenici,
Mr. Hatfield, Mr. Cochran, Mr. Gorton, Mr. McConnell, Mr. Bennett, Mr.
Burns, Mr. Johnston, Mr. Byrd, Mr. Hollings, Mr. Reid, Mr. Kerrey, and
Mrs. Murray to be conferees on the part of the Senate.
The message also announced that the Senate disagrees to the amendments
of the House to the bill (S. 1260) ``An Act to reform and consolidate
the public and assisted housing programs of the United States, and to
redirect primary responsibility for these programs from the Federal
Government to States and localities, and for other purposes,'' agrees to
a conference asked by the House of Representatives on the disagreeing
votes of the two Houses thereon, and appoints Mr. D'Amato, Mr. Mack, Mr.
Faircloth, Mr. Bond, Mr. Sarbanes, Mr. Kerry, and Ms. Moseley-Braun to
be the conferees on the part of the Senate.
para.98.6 use of an exhibit
Mr. VOLKMER, pursuant to rule XXX, objected to the use of an exhibit
during one-minute speeches.
The question being put, viva voce,
Will the House permit the gentleman from Texas [Mr. Doggett] to use
said exhibit?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the yeas had it.
Mr. VOLKMER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
[[Page 1765]]
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
386
Nays
28
When there appeared
<3-line {>
Answered present
2
para.98.7 [Roll No. 374]
YEAS--386
Abercrombie
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Burr
Burton
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
DeFazio
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Leach
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NAYS--28
Allard
Bentsen
Bryant (TN)
Bunning
Buyer
Collins (GA)
Combest
Deal
Everett
Ewing
Geren
Greene (UT)
Hastert
Hilleary
Lazio
Lewis (KY)
Lightfoot
McKeon
Molinari
Murtha
Neumann
Norwood
Pombo
Schaefer
Shadegg
Souder
Weller
Zimmer
ANSWERED ``PRESENT''--2
Hoke
LaHood
NOT VOTING--17
Ackerman
Callahan
Chapman
Collins (IL)
Collins (MI)
DeLauro
Flake
Ford
Gunderson
Hunter
Lincoln
Livingston
McDade
Richardson
Riggs
Roth
Young (FL)
Mr. WISE moved to reconsider the vote whereby the House agreed to
permit the use of said exhibit.
Mr. CASTLE moved to lay on the table the motion to reconsider the
vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.
Mr. CASTLE demanded a recorded vote on agreeing to lay on the table
the motion to reconsider, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
181
para.98.8 [Roll No. 375]
AYES--232
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doggett
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Zeliff
Zimmer
NOES--181
Abercrombie
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Doyle
Durbin
Edwards
Engel
Evans
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Harman
[[Page 1766]]
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--20
Ackerman
Chapman
Collins (IL)
Collins (MI)
de la Garza
Eshoo
Farr
Fields (TX)
Flake
Ford
Gunderson
Jones
Lincoln
McDade
McInnis
Richardson
Riggs
Roth
Vucanovich
Young (FL)
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
So, the gentleman from Texas [Mr. Doggett] was permitted to use the
exhibit.
para.98.9 motion to adjourn
Mr. VOLKMER moved that the House do now adjourn.
The question being put, viva voce,
Will the House now adjourn?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.
Mr. VOLKMER demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
76
<3-line {>
negative
Nays
344
para.98.10 [Roll No. 376]
AYES--76
Abercrombie
Beilenson
Bishop
Blumenauer
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Clay
Clyburn
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dicks
Dingell
Engel
Fazio
Filner
Foglietta
Frank (MA)
Frost
Gephardt
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jefferson
Johnson, E. B.
Johnston
Kennedy (MA)
Kennedy (RI)
LaFalce
Lantos
Lewis (GA)
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McDermott
McNulty
Meek
Millender-McDonald
Miller (CA)
Mink
Moakley
Neal
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Pomeroy
Rangel
Reed
Rush
Sabo
Schroeder
Serrano
Slaughter
Spratt
Stark
Stokes
Thompson
Torricelli
Towns
Volkmer
Waters
Watt (NC)
Waxman
Wilson
NOES--344
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Blute
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Fattah
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--13
Berman
Bliley
Boehlert
Chapman
Collins (IL)
Farr
Flake
Ford
Gunderson
McDade
Richardson
Shuster
Young (FL)
So the motion to adjourn was not agreed to.
para.98.11 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a concurrent
resolution of the House of the following title:
H. Con. Res. 203. Concurrent resolution providing for an
adjournment of the two Houses.
para.98.12 motion to adjourn
Mr. SKAGGS moved that the House do now adjourn.
The question being put, viva voce,
Will the House now adjourn?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.
Mr. SKAGGS demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
57
<3-line {>
negative
Nays
357
para.98.13 [Roll No. 377]
AYES--57
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Clay
Clyburn
Coleman
Collins (MI)
Conyers
Coyne
DeFazio
Dellums
Dicks
Dingell
Engel
Fazio
Filner
Foglietta
Gephardt
Hastings (FL)
Hinchey
Hoyer
Jefferson
Johnson, E. B.
Kennedy (MA)
LaFalce
Lantos
Lewis (GA)
Markey
Matsui
McDermott
McNulty
Meek
Millender-McDonald
Mink
Moakley
Neal
Oberstar
Obey
Olver
Owens
Pastor
Payne (NJ)
Pomeroy
Schroeder
Skaggs
Slaughter
Stockman
Thompson
Torres
Torricelli
Towns
Volkmer
Waters
Watt (NC)
Waxman
Wilson
[[Page 1767]]
NOES--357
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Fattah
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NOT VOTING--19
Bachus
Buyer
Chapman
Coburn
Collins (IL)
Farr
Flake
Ford
Gunderson
Hayes
Hunter
Hutchinson
Klink
LaTourette
McDade
Richardson
Sabo
Williams
Young (FL)
So the motion to adjourn was not agreed to.
para.98.14 waiving requirement of clause 4(b)--certain resolution
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 492):
Resolved, That the requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to a resolution reported before August 1,
1996, providing for consideration or disposition of a
conference report to accompany the bill (H.R. 3734) to
provide for reconciliation pursuant to section 201(a)(1) of
the concurrent resolution on the budget for fiscal year 1997.
Pending consideration of said resolution
para.98.15 motion to adjourn
Mr. BONIOR moved that the House do now adjourn.
The question being put, viva voce,
Will the House now adjourn?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the nays had it.
Mr. BONIOR objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
50
Nays
350
When there appeared
<3-line {>
Answered present
1
para.98.16 [Roll No. 378]
YEAS--50
Abercrombie
Bonior
Brown (OH)
Clay
Clyburn
Collins (MI)
Conyers
Coyne
Dellums
Dicks
Dingell
Engel
Fazio
Filner
Foglietta
Frank (MA)
Gephardt
Hastings (FL)
Hinchey
Hoyer
Jefferson
Johnson, E. B.
Johnston
Kennedy (MA)
LaFalce
Lantos
Lewis (GA)
McDermott
McNulty
Millender-McDonald
Miller (CA)
Mink
Moakley
Neal
Oberstar
Olver
Pastor
Payne (NJ)
Rush
Schroeder
Slaughter
Stockman
Thompson
Towns
Velazquez
Volkmer
Waters
Watt (NC)
Waxman
Wilson
NAYS--350
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
Deutsch
Diaz-Balart
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
[[Page 1768]]
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torres
Traficant
Upton
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
ANSWERED ``PRESENT''--1
DeFazio
NOT VOTING--32
Brown (CA)
Buyer
Chapman
Collins (IL)
Cooley
Cox
DeLay
Dickey
Flake
Ford
Fox
Gekas
Goodling
Gunderson
Hayes
Hutchinson
Istook
Johnson, Sam
LaTourette
McDade
McIntosh
Montgomery
Moran
Neumann
Owens
Richardson
Rogers
Souder
Torkildsen
Torricelli
Williams
Young (FL)
So the motion to adjourn was not agreed to.
When the resolution, House Resolution 492 was considered.
During debate,
para.98.17 use of an exhibit
Ms. DeLAURO, pursuant to rule XXX, objected to the use of an exhibit
during one-minute speeches.
The question being put, viva voce,
Will the House permit the gentleman from Kentucky [Mr. Ward] to use
said exhibit?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the yeas had it.
Ms. DeLAURO objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
351
Nays
53
When there appeared
<3-line {>
Answered present
2
para.98.18 [Roll No. 379]
YEAS--351
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bereuter
Bevill
Bilbray
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (MI)
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Danner
Davis
de la Garza
DeFazio
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E.B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (GA)
Lincoln
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Rahall
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanford
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stupak
Talent
Tanner
Tate
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torres
Upton
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
NAYS--53
Allard
Baldacci
Ballenger
Bentsen
Bilirakis
Bryant (TN)
Bunning
Buyer
Collins (GA)
Combest
Cubin
Cunningham
Deal
DeLauro
Ensign
Geren
Greene (UT)
Hastert
Hilleary
Hoke
Johnson (CT)
Johnson, Sam
Lazio
Levin
Lewis (KY)
Lightfoot
Linder
McInnis
McKeon
Packard
Pombo
Radanovich
Ramstad
Rangel
Sanders
Scarborough
Schaefer
Shadegg
Souder
Stockman
Stump
Tauzin
Thornberry
Tiahrt
Torkildsen
Towns
Traficant
Vento
Watts (OK)
Weldon (FL)
Weller
Yates
Zimmer
ANSWERED ``PRESENT''--2
Everett
LaHood
NOT VOTING--27
Barr
Barton
Berman
Brown (CA)
Burr
Chapman
Chenoweth
Collins (IL)
Dickey
Flake
Ford
Gibbons
Greenwood
Gunderson
Hayes
Hunter
Longley
Martinez
McDade
Meyers
Moran
Portman
Richardson
Roth
Roukema
Torricelli
Young (FL)
Mr. McDERMOTT moved to reconsider the vote whereby the House agreed to
permit the use of said exhibit.
Mr. LARGENT moved to lay on the table the motion to reconsider the
vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. HEFLEY, announced that the yeas had it.
Mr. McDERMOTT demanded a recorded vote on agreeing to lay on the table
the motion to reconsider, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
239
<3-line {>
affirmative
Nays
172
para.98.19 [Roll No. 380]
AYES--239
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doggett
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Heineman
Herger
Hobson
Hoekstra
Horn
Hostettler
[[Page 1769]]
Houghton
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Young (AK)
Zeliff
Zimmer
NOES--172
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Poshard
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weller
Woolsey
Wynn
Yates
NOT VOTING--22
Bentsen
Chenoweth
Clinger
Collins (IL)
Flake
Ford
Gekas
Greenwood
Gunderson
Hayes
Hilleary
Hoke
Hunter
Klink
Lantos
McDade
Meyers
Portman
Richardson
Seastrand
Taylor (NC)
Young (FL)
So the motion to lay on the table the motion to reconsider the vote
was agreed to.
So, the gentleman from Kentucky [Mr. Ward] was permitted to use the
exhibit.
After further debate,
On motion of Mr. McINNIS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.98.20 waiving points of order against conference report to
accompany h.r. 3734
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-729) the resolution (H. Res. 495) waiving points of order
against the conference report to accompany the bill (H.R. 3734) to
provide for reconciliation pursuant to section 201 (a)(1) of the
concurrent resolution on the budget for fiscal year 1997.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.98.21 waiving points of order against conference report to
accompany h.r. 3734
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 495):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3734) to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997. All points of order against the
conference report and against its consideration are waived.
The conference report shall be considered as read. The yeas
and nays shall be considered as ordered on the question of
adoption of the conference report and on any subsequent
conference report or motion to dispose of an amendment
between the houses on H.R. 3734. Clause 5(c) of rule XXI
shall not apply to the bill, amendments thereto, or
conference reports thereon.
When said resolution was considered.
After debate,
Mr. SOLOMON moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
259
When there appeared
<3-line {>
Nays
164
para.98.22 [Roll No. 381]
YEAS--259
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDermott
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
[[Page 1770]]
NAYS--164
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Rahall
Rangel
Reed
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--10
Flake
Ford
Gunderson
Houghton
Jefferson
McDade
Richardson
Roth
Shaw
Young (FL)
So the previous question on the resolution was ordered.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
Mr. MOAKLEY demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
281
<3-line {>
affirmative
Nays
137
para.98.23 [Roll No. 382]
YEAS--281
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Deal
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kennelly
Kim
King
Kingston
Kleczka
Klug
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Lipinski
LoBiondo
Longley
Lucas
Luther
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--137
Abercrombie
Ackerman
Andrews
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Davis
de la Garza
DeFazio
DeLauro
Dellums
Dixon
Doggett
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Klink
LaFalce
Lantos
Lewis (GA)
Lofgren
Lowey
Maloney
Manton
Markey
Martinez
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Rahall
Rangel
Reed
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Taylor (NC)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
NOT VOTING--15
Cox
Flake
Ford
Gunderson
Hayes
Houghton
Knollenberg
Linder
Livingston
McDade
Myrick
Richardson
Roth
Stearns
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.98.24 budget reconciliation
Mr. KASICH, pursuant to House Resolution 495, called up the following
conference report (Rept. No. 104-725):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3734), to provide for reconciliation pursuant to section
201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Responsibility and
Work Opportunity Reconciliation Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
Sec. 101. Findings.
Sec. 102. Reference to Social Security Act.
Sec. 103. Block grants to States.
Sec. 104. Services provided by charitable, religious, or private
organizations.
Sec. 105. Census data on grandparents as primary caregivers for their
grandchildren.
Sec. 106. Report on data processing.
Sec. 107. Study on alternative outcomes measures.
Sec. 108. Conforming amendments to the Social Security Act.
[[Page 1771]]
Sec. 109. Conforming amendments to the Food Stamp Act of 1977 and
related provisions.
Sec. 110. Conforming amendments to other laws.
Sec. 111. Development of prototype of counterfeit-resistant social
security card required.
Sec. 112. Modifications to the job opportunities for certain low-income
individuals program.
Sec. 113. Secretarial submission of legislative proposal for technical
and conforming amendments.
Sec. 114. Assuring medicaid coverage for low-income families.
Sec. 115. Denial of assistance and benefits for certain drug-related
convictions.
Sec. 116. Effective date; transition rule.
TITLE II--SUPPLEMENTAL SECURITY INCOME
Sec. 200. Reference to Social Security Act.
Subtitle A--Eligibility Restrictions
Sec. 201. Denial of SSI benefits for 10 years to individuals found to
have fraudulently misrepresented residence in order to
obtain benefits simultaneously in 2 or more States.
Sec. 202. Denial of SSI benefits for fugitive felons and probation and
parole violators.
Sec. 203. Treatment of prisoners.
Sec. 204. Effective date of application for benefits.
Subtitle B--Benefits for Disabled Children
Sec. 211. Definition and eligibility rules.
Sec. 212. Eligibility redeterminations and continuing disability
reviews.
Sec. 213. Additional accountability requirements.
Sec. 214. Reduction in cash benefits payable to institutionalized
individuals whose medical costs are covered by private
insurance.
Sec. 215. Regulations.
Subtitle C--Additional Enforcement Provision
Sec. 221. Installment payment of large past-due supplemental security
income benefits.
Sec. 222. Regulations.
Subtitle D--Studies Regarding Supplemental Security Income Program
Sec. 231. Annual report on the supplemental security income program.
Sec. 232. Study by General Accounting Office.
TITLE III--CHILD SUPPORT
Sec. 300. Reference to Social Security Act.
Subtitle A--Eligibility for Services; Distribution of Payments
Sec. 301. State obligation to provide child support enforcement
services.
Sec. 302. Distribution of child support collections.
Sec. 303. Privacy safeguards.
Sec. 304. Rights to notification of hearings.
Subtitle B--Locate and Case Tracking
Sec. 311. State case registry.
Sec. 312. Collection and disbursement of support payments.
Sec. 313. State directory of new hires.
Sec. 314. Amendments concerning income withholding.
Sec. 315. Locator information from interstate networks.
Sec. 316. Expansion of the Federal parent locator service.
Sec. 317. Collection and use of social security numbers for use in
child support enforcement.
Subtitle C--Streamlining and Uniformity of Procedures
Sec. 321. Adoption of uniform State laws.
Sec. 322. Improvements to full faith and credit for child support
orders.
Sec. 323. Administrative enforcement in interstate cases.
Sec. 324. Use of forms in interstate enforcement.
Sec. 325. State laws providing expedited procedures.
Subtitle D--Paternity Establishment
Sec. 331. State laws concerning paternity establishment.
Sec. 332. Outreach for voluntary paternity establishment.
Sec. 333. Cooperation by applicants for and recipients of part A
assistance.
Subtitle E--Program Administration and Funding
Sec. 341. Performance-based incentives and penalties.
Sec. 342. Federal and State reviews and audits.
Sec. 343. Required reporting procedures.
Sec. 344. Automated data processing requirements.
Sec. 345. Technical assistance.
Sec. 346. Reports and data collection by the Secretary.
Subtitle F--Establishment and Modification of Support Orders
Sec. 351. Simplified process for review and adjustment of child support
orders.
Sec. 352. Furnishing consumer reports for certain purposes relating to
child support.
Sec. 353. Nonliability for financial institutions providing financial
records to State child support enforcement agencies in
child support cases.
Subtitle G--Enforcement of Support Orders
Sec. 361. Internal Revenue Service collection of arrearages.
Sec. 362. Authority to collect support from Federal employees.
Sec. 363. Enforcement of child support obligations of members of the
Armed Forces.
Sec. 364. Voiding of fraudulent transfers.
Sec. 365. Work requirement for persons owing past-due child support.
Sec. 366. Definition of support order.
Sec. 367. Reporting arrearages to credit bureaus.
Sec. 368. Liens.
Sec. 369. State law authorizing suspension of licenses.
Sec. 370. Denial of passports for nonpayment of child support.
Sec. 371. International support enforcement.
Sec. 372. Financial institution data matches.
Sec. 373. Enforcement of orders against paternal or maternal
grandparents in cases of minor parents.
Sec. 374. Nondischargeability in bankruptcy of certain debts for the
support of a child.
Sec. 375. Child support enforcement for Indian tribes.
Subtitle H--Medical Support
Sec. 381. Correction to ERISA definition of medical child support
order.
Sec. 382. Enforcement of orders for health care coverage.
Subtitle I--Enhancing Responsibility and Opportunity for Non-
Residential Parents
Sec. 391. Grants to States for access and visitation programs.
Subtitle J--Effective Dates and Conforming Amendments
Sec. 395. Effective dates and conforming amendments.
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Sec. 400. Statements of national policy concerning welfare and
immigration.
Subtitle A--Eligibility for Federal Benefits
Sec. 401. Aliens who are not qualified aliens ineligible for Federal
public benefits.
Sec. 402. Limited eligibility of qualified aliens for certain Federal
programs.
Sec. 403. Five-year limited eligibility of qualified aliens for Federal
means-tested public benefit.
Sec. 404. Notification and information reporting.
Subtitle B--Eligibility for State and Local Public Benefits Programs
Sec. 411. Aliens who are not qualified aliens or nonimmigrants
ineligible for State and local public benefits.
Sec. 412. State authority to limit eligibility of qualified aliens for
State public benefits.
Subtitle C--Attribution of Income and Affidavits of Support
Sec. 421. Federal attribution of sponsor's income and resources to
alien.
Sec. 422. Authority for States to provide for attribution of sponsors
income and resources to the alien with respect to State
programs.
Sec. 423. Requirements for sponsor's affidavit of support.
Subtitle D--General Provisions
Sec. 431. Definitions.
Sec. 432. Verification of eligibility for Federal public
benefits.
Sec. 433. Statutory construction.
Sec. 434. Communication between State and local government
agencies and the Immigration and Naturalization
Service.
Sec. 435. Qualifying quarters.
Subtitle E--Conforming Amendments Relating to Assisted Housing
Sec. 441. Conforming amendments relating to assisted
housing.
Subtitle F--Earning Income Credit Denied to Unauthorized Employees
Sec. 451. Earned income credit denied to individuals not
authorized to be employed in the United States.
TITLE V--CHILD PROTECTION
Sec. 501. Authority of States to make foster care
maintenance payments on behalf of children in any
private child care institution.
Sec. 502. Extension of enhanced match for implementation of
statewide automated child welfare information systems.
Sec. 503. National random sample study of child welfare.
Sec. 504. Redesignation of section 1123.
Sec. 505. Kinship care.
TITLE VI--CHILD CARE
Sec. 601. Short title and references.
Sec. 602. Goals.
Sec. 603. Authorization of appropriations and entitlement authority.
Sec. 604. Lead agency.
Sec. 605. Application and plan.
Sec. 606. Limitation on State allotments.
Sec. 607. Activities to improve the quality of child care.
Sec. 608. Repeal of early childhood development and before- and after-
school care requirement.
Sec. 609. Administration and enforcement.
Sec. 610. Payments.
Sec. 611. Annual report and audits.
Sec. 612. Report by the Secretary.
Sec. 613. Allotments.
Sec. 614. Definitions.
Sec. 615. Effective date.
TITLE VII--CHILD NUTRITION PROGRAMS
Subtitle A--National School Lunch Act
Sec. 701. State disbursement to schools.
[[Page 1772]]
Sec. 702. Nutritional and other program requirements.
Sec. 703. Free and reduced price policy statement.
Sec. 704. Special assistance.
Sec. 705. Miscellaneous provisions and definitions.
Sec. 706. Summer food service program for children.
Sec. 707. Commodity distribution.
Sec. 708. Child and adult care food program.
Sec. 709. Pilot projects.
Sec. 710. Reduction of paperwork.
Sec. 711. Information on income eligibility.
Sec. 712. Nutrition guidance for child nutrition programs.
Subtitle B--Child Nutrition Act of 1966
Sec. 721. Special milk program.
Sec. 722. Free and reduced price policy statement.
Sec. 723. School breakfast program authorization.
Sec. 724. State administrative expenses.
Sec. 725. Regulations.
Sec. 726. Prohibitions.
Sec. 727. Miscellaneous provisions and definitions.
Sec. 728. Accounts and records.
Sec. 729. Special supplemental nutrition program for women, infants,
and children.
Sec. 730. Cash grants for nutrition education.
Sec. 731. Nutrition education and training.
Subtitle C--Miscellaneous Provisions
Sec. 741. Coordination of school lunch, school breakfast, and summer
food service programs.
Sec. 742. Requirements relating to provision of benefits based on
citizenship, alienage, or immigration status under the
National School Lunch Act, the Child Nutrition Act of
1966, and certain other acts.
TITLE VIII--FOOD STAMPS AND COMMODITY DISTRIBUTION
Subtitle A--Food Stamp Program
Sec. 801. Definition of certification period.
Sec. 802. Definition of coupon.
Sec. 803. Treatment of children living at home.
Sec. 804. Adjustment of thrifty food plan.
Sec. 805. Definition of homeless individual.
Sec. 806. State option for eligibility standards.
Sec. 807. Earnings of students.
Sec. 808. Energy assistance.
Sec. 809. Deductions from income.
Sec. 810. Vehicle allowance.
Sec. 811. Vendor payments for transitional housing counted as income.
Sec. 812. Simplified calculation of income for the self-employed.
Sec. 813. Doubled penalties for violating food stamp program
requirements.
Sec. 814. Disqualification of convicted individuals.
Sec. 815. Disqualification.
Sec. 816. Caretaker exemption.
Sec. 817. Employment and training.
Sec. 818. Food stamp eligibility.
Sec. 819. Comparable treatment for disqualification.
Sec. 820. Disqualification for receipt of multiple food stamp benefits.
Sec. 821. Disqualification of fleeing felons.
Sec. 822. Cooperation with child support agencies.
Sec. 823. Disqualification relating to child support arrears.
Sec. 824. Work requirement.
Sec. 825. Encouragement of electronic benefit transfer systems.
Sec. 826. Value of minimum allotment.
Sec. 827. Benefits on recertification.
Sec. 828. Optional combined allotment for expedited households.
Sec. 829. Failure to comply with other means-tested public assistance
programs.
Sec. 830. Allotments for households residing in centers.
Sec. 831. Condition precedent for approval of retail food stores and
wholesale food concerns.
Sec. 832. Authority to establish authorization periods.
Sec. 833. Information for verifying eligibility for authorization.
Sec. 834. Waiting period for stores that fail to meet authorization
criteria.
Sec. 835. Operation of food stamp offices.
Sec. 836. State employee and training standards.
Sec. 837. Exchange of law enforcement information.
Sec. 838. Expedited coupon service.
Sec. 839. Withdrawing fair hearing requests.
Sec. 840. Income, eligibility, and immigration status verification
systems.
Sec. 841. Investigations.
Sec. 842. Disqualification of retailers who intentionally submit
falsified applications.
Sec. 843. Disqualification of retailers who are disqualified under the
WIC program.
Sec. 844. Collection of overissuances.
Sec. 845. Authority to suspend stores violating program requirements
pending administrative and judicial review.
Sec. 846. Expanded criminal forfeiture for violations.
Sec. 847. Limitation on Federal match.
Sec. 848. Standards for administration.
Sec. 849. Work supplementation or support program.
Sec. 850. Waiver authority.
Sec. 851. Response to waivers.
Sec. 852. Employment initiatives program.
Sec. 853. Reauthorization.
Sec. 854. Simplified food stamp program.
Sec. 855. Study of the use of food stamps to purchase vitamins and
minerals.
Sec. 856. Deficit reduction.
Subtitle B--Commodity Distribution Programs
Sec. 871. Emergency food assistance program.
Sec. 872. Food bank demonstration project.
Sec. 873. Hunger prevention programs.
Sec. 874. Report on entitlement commodity processing.
Subtitle C--Electronic Benefit Transfer Systems
Sec. 891. Provisions to encourage electronic benefit transfer systems.
TITLE IX--MISCELLANEOUS
Sec. 901. Appropriation by State legislatures.
Sec. 902. Sanctioning for testing positive for controlled substances.
Sec. 903. Elimination of housing assistance with respect to fugitive
felons and probation and parole violators.
Sec. 904. Sense of the Senate regarding the inability of the
noncustodial parent to pay child support.
Sec. 905. Establishing national goals to prevent teenage pregnancies.
Sec. 906. Sense of the Senate regarding enforcement of statutory rape
laws.
Sec. 907. Provisions to encourage electronic benefit transfer systems.
Sec. 908. Reduction of block grants to States for social services; use
of vouchers.
Sec. 909. Rules relating to denial of earned income credit on basis of
disqualified income.
Sec. 910. Modification of adjusted gross income definition for earned
income credit.
Sec. 911. Fraud under means-tested welfare and public assistance
programs.
Sec. 912. Abstinence education.
Sec. 913. Change in reference.
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SEC. 101. FINDINGS.
The Congress makes the following findings:
(1) Marriage is the foundation of a successful society.
(2) Marriage is an essential institution of a successful
society which promotes the interests of children.
(3) Promotion of responsible fatherhood and motherhood is
integral to successful child rearing and the well-being of
children.
(4) In 1992, only 54 percent of single-parent families with
children had a child support order established and, of that
54 percent, only about one-half received the full amount due.
Of the cases enforced through the public child support
enforcement system, only 18 percent of the caseload has a
collection.
(5) The number of individuals receiving aid to families
with dependent children (in this section referred to as
``AFDC'') has more than tripled since 1965. More than two-
thirds of these recipients are children. Eighty-nine percent
of children receiving AFDC benefits now live in homes in
which no father is present.
(A)(i) The average monthly number of children receiving
AFDC benefits--
(I) was 3,300,000 in 1965;
(II) was 6,200,000 in 1970;
(III) was 7,400,000 in 1980; and
(IV) was 9,300,000 in 1992.
(ii) While the number of children receiving AFDC benefits
increased nearly threefold between 1965 and 1992, the total
number of children in the United States aged 0 to 18 has
declined by 5.5 percent.
(B) The Department of Health and Human Services has
estimated that 12,000,000 children will receive AFDC benefits
within 10 years.
(C) The increase in the number of children receiving public
assistance is closely related to the increase in births to
unmarried women. Between 1970 and 1991, the percentage of
live births to unmarried women increased nearly threefold,
from 10.7 percent to 29.5 percent.
(6) The increase of out-of-wedlock pregnancies and births
is well documented as follows:
(A) It is estimated that the rate of nonmarital teen
pregnancy rose 23 percent from 54 pregnancies per 1,000
unmarried teenagers in 1976 to 66.7 pregnancies in 1991. The
overall rate of nonmarital pregnancy rose 14 percent from
90.8 pregnancies per 1,000 unmarried women in 1980 to 103 in
both 1991 and 1992. In contrast, the overall pregnancy rate
for married couples decreased 7.3 percent between 1980 and
1991, from 126.9 pregnancies per 1,000 married women in 1980
to 117.6 pregnancies in 1991.
(B) The total of all out-of-wedlock births between 1970 and
1991 has risen from 10.7 percent to 29.5 percent and if the
current trend continues, 50 percent of all births by the year
2015 will be out-of-wedlock.
(7) An effective strategy to combat teenage pregnancy must
address the issue of male responsibility, including statutory
rape culpability and prevention. The increase of teenage
pregnancies among the youngest girls is particularly severe
and is linked to predatory sexual practices by men who are
significantly older.
[[Page 1773]]
(A) It is estimated that in the late 1980's, the rate for
girls age 14 and under giving birth increased 26 percent.
(B) Data indicates that at least half of the children born
to teenage mothers are fathered by adult men. Available data
suggests that almost 70 percent of births to teenage girls
are fathered by men over age 20.
(C) Surveys of teen mothers have revealed that a majority
of such mothers have histories of sexual and physical abuse,
primarily with older adult men.
(8) The negative consequences of an out-of-wedlock birth on
the mother, the child, the family, and society are well
documented as follows:
(A) Young women 17 and under who give birth outside of
marriage are more likely to go on public assistance and to
spend more years on welfare once enrolled. These combined
effects of ``younger and longer'' increase total AFDC costs
per household by 25 percent to 30 percent for 17-year-olds.
(B) Children born out-of-wedlock have a substantially
higher risk of being born at a very low or moderately low
birth weight.
(C) Children born out-of-wedlock are more likely to
experience low verbal cognitive attainment, as well as more
child abuse, and neglect.
(D) Children born out-of-wedlock were more likely to have
lower cognitive scores, lower educational aspirations, and a
greater likelihood of becoming teenage parents themselves.
(E) Being born out-of-wedlock significantly reduces the
chances of the child growing up to have an intact marriage.
(F) Children born out-of-wedlock are 3 times more likely to
be on welfare when they grow up.
(9) Currently 35 percent of children in single-parent homes
were born out-of-wedlock, nearly the same percentage as that
of children in single-parent homes whose parents are divorced
(37 percent). While many parents find themselves, through
divorce or tragic circumstances beyond their control, facing
the difficult task of raising children alone, nevertheless,
the negative consequences of raising children in single-
parent homes are well documented as follows:
(A) Only 9 percent of married-couple families with children
under 18 years of age have income below the national poverty
level. In contrast, 46 percent of female-headed households
with children under 18 years of age are below the national
poverty level.
(B) Among single-parent families, nearly \1/2\ of the
mothers who never married received AFDC while only \1/5\ of
divorced mothers received AFDC.
(C) Children born into families receiving welfare
assistance are 3 times more likely to be on welfare when they
reach adulthood than children not born into families
receiving welfare.
(D) Mothers under 20 years of age are at the greatest risk
of bearing low-birth-weight babies.
(E) The younger the single parent mother, the less likely
she is to finish high school.
(F) Young women who have children before finishing high
school are more likely to receive welfare assistance for a
longer period of time.
(G) Between 1985 and 1990, the public cost of births to
teenage mothers under the aid to families with dependent
children program, the food stamp program, and the medicaid
program has been estimated at $120,000,000,000.
(H) The absence of a father in the life of a child has a
negative effect on school performance and peer adjustment.
(I) Children of teenage single parents have lower cognitive
scores, lower educational aspirations, and a greater
likelihood of becoming teenage parents themselves.
(J) Children of single-parent homes are 3 times more likely
to fail and repeat a year in grade school than are children
from intact 2-parent families.
(K) Children from single-parent homes are almost 4 times
more likely to be expelled or suspended from school.
(L) Neighborhoods with larger percentages of youth aged 12
through 20 and areas with higher percentages of single-parent
households have higher rates of violent crime.
(M) Of those youth held for criminal offenses within the
State juvenile justice system, only 29.8 percent lived
primarily in a home with both parents. In contrast to these
incarcerated youth, 73.9 percent of the 62,800,000 children
in the Nation's resident population were living with both
parents.
(10) Therefore, in light of this demonstration of the
crisis in our Nation, it is the sense of the Congress that
prevention of out-of-wedlock pregnancy and reduction in out-
of-wedlock birth are very important Government interests and
the policy contained in part A of title IV of the Social
Security Act (as amended by section 103(a) of this Act) is
intended to address the crisis.
SEC. 102. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
SEC. 103. BLOCK GRANTS TO STATES.
(a) In General.--Part A of title IV (42 U.S.C. 601 et seq.)
is amended--
(1) by striking all that precedes section 418 (as added by
section 603(b)(2) of this Act) and inserting the following:
``PART A--BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES
``SEC. 401. PURPOSE.
``(a) In General.--The purpose of this part is to increase
the flexibility of States in operating a program designed
to--
``(1) provide assistance to needy families so that children
may be cared for in their own homes or in the homes of
relatives;
``(2) end the dependence of needy parents on government
benefits by promoting job preparation, work, and marriage;
``(3) prevent and reduce the incidence of out-of-wedlock
pregnancies and establish annual numerical goals for
preventing and reducing the incidence of these pregnancies;
and
``(4) encourage the formation and maintenance of two-parent
families.
``(b) No Individual Entitlement.--This part shall not be
interpreted to entitle any individual or family to assistance
under any State program funded under this part.
``SEC. 402. ELIGIBLE STATES; STATE PLAN.
``(a) In General.--As used in this part, the term `eligible
State' means, with respect to a fiscal year, a State that,
during the 2-year period immediately preceding the fiscal
year, has submitted to the Secretary a plan that the
Secretary has found includes the following:
``(1) Outline of family assistance program.--
``(A) General provisions.--A written document that outlines
how the State intends to do the following:
``(i) Conduct a program, designed to serve all political
subdivisions in the State (not necessarily in a uniform
manner), that provides assistance to needy families with (or
expecting) children and provides parents with job
preparation, work, and support services to enable them to
leave the program and become self-sufficient.
``(ii) Require a parent or caretaker receiving assistance
under the program to engage in work (as defined by the State)
once the State determines the parent or caretaker is ready to
engage in work, or once the parent or caretaker has received
assistance under the program for 24 months (whether or not
consecutive), whichever is earlier.
``(iii) Ensure that parents and caretakers receiving
assistance under the program engage in work activities in
accordance with section 407.
``(iv) Take such reasonable steps as the State deems
necessary to restrict the use and disclosure of information
about individuals and families receiving assistance under the
program attributable to funds provided by the Federal
Government.
``(v) Establish goals and take action to prevent and reduce
the incidence of out-of-wedlock pregnancies, with special
emphasis on teenage pregnancies, and establish numerical
goals for reducing the illegitimacy ratio of the State (as
defined in section 403(a)(2)(B)) for calendar years 1996
through 2005.
``(vi) Conduct a program, designed to reach State and local
law enforcement officials, the education system, and relevant
counseling services, that provides education and training on
the problem of statutory rape so that teenage pregnancy
prevention programs may be expanded in scope to include men.
``(B) Special provisions.--
``(i) The document shall indicate whether the State intends
to treat families moving into the State from another State
differently than other families under the program, and if so,
how the State intends to treat such families under the
program.
``(ii) The document shall indicate whether the State
intends to provide assistance under the program to
individuals who are not citizens of the United States, and if
so, shall include an overview of such assistance.
``(iii) The document shall set forth objective criteria for
the delivery of benefits and the determination of eligibility
and for fair and equitable treatment, including an
explanation of how the State will provide opportunities for
recipients who have been adversely affected to be heard in a
State administrative or appeal process.
``(iv) Not later than 1 year after the date of enactment of
this Act, unless the chief executive officer of the State
opts out of this provision by notifying the Secretary, a
State shall, consistent with the exception provided in
section 407(e)(2), require a parent or caretaker receiving
assistance under the program who, after receiving such
assistance for 2 months is not exempt from work requirements
and is not engaged in work, as determined under section
407(c), to participate in community service employment, with
minimum hours per week and tasks to be determined by the
State.
``(2) Certification that the state will operate a child
support enforcement program.--A certification by the chief
executive officer of the State that, during the fiscal year,
the State will operate a child support enforcement program
under the State plan approved under part D.
``(3) Certification that the state will operate a foster
care and adoption assistance program.--A certification by the
chief executive officer of the State that, during the fiscal
year, the State will operate a foster care and adoption
assistance program under the State plan approved under part
E, and that the State will take such actions as are necessary
to ensure that children receiving assistance under such part
are eligible for medical assistance under the State plan
under title XIX.
``(4) Certification of the administration of the program.--
A certification by the chief executive officer of the State
specifying which State agency or agencies will administer and
supervise the program referred
[[Page 1774]]
to in paragraph (1) for the fiscal year, which shall include
assurances that local governments and private sector
organizations--
``(A) have been consulted regarding the plan and design of
welfare services in the State so that services are provided
in a manner appropriate to local populations; and
``(B) have had at least 45 days to submit comments on the
plan and the design of such services.
``(5) Certification that the state will provide indians
with equitable access to assistance.--A certification by the
chief executive officer of the State that, during the fiscal
year, the State will provide each member of an Indian tribe,
who is domiciled in the State and is not eligible for
assistance under a tribal family assistance plan approved
under section 412, with equitable access to assistance under
the State program funded under this part attributable to
funds provided by the Federal Government.
``(6) Certification of standards and procedures to ensure
against program fraud and abuse.--A certification by the
chief executive officer of the State that the State has
established and is enforcing standards and procedures to
ensure against program fraud and abuse, including standards
and procedures concerning nepotism, conflicts of interest
among individuals responsible for the administration and
supervision of the State program, kickbacks, and the use of
political patronage.
``(7) Optional certification of standards and procedures to
ensure that the state will screen for and identify domestic
violence.--
``(A) In general.--At the option of the State, a
certification by the chief executive officer of the State
that the State has established and is enforcing standards and
procedures to--
``(i) screen and identify individuals receiving assistance
under this part with a history of domestic violence while
maintaining the confidentiality of such individuals;
``(ii) refer such individuals to counseling and supportive
services; and
``(iii) waive, pursuant to a determination of good cause,
other program requirements such as time limits (for so long
as necessary) for individuals receiving assistance, residency
requirements, child support cooperation requirements, and
family cap provisions, in cases where compliance with such
requirements would make it more difficult for individuals
receiving assistance under this part to escape domestic
violence or unfairly penalize such individuals who are or
have been victimized by such violence, or individuals who are
at risk of further domestic violence.
``(B) Domestic violence defined.--For purposes of this
paragraph, the term `domestic violence' has the same meaning
as the term `battered or subjected to extreme cruelty', as
defined in section 408(a)(7)(C)(iii).
``(b) Public Availability of State Plan Summary.--The State
shall make available to the public a summary of any plan
submitted by the State under this section.
``SEC. 403. GRANTS TO STATES.
``(a) Grants.--
``(1) Family assistance grant.--
``(A) In general.--Each eligible State shall be entitled to
receive from the Secretary, for each of fiscal years 1996,
1997, 1998, 1999, 2000, 2001, and 2002, a grant in an amount
equal to the State family assistance grant.
``(B) State family assistance grant defined.--As used in
this part, the term `State family assistance grant' means the
greatest of--
``(i) \1/3\ of the total amount required to be paid to the
State under former section 403 (as in effect on September 30,
1995) for fiscal years 1992, 1993, and 1994 (other than with
respect to amounts expended by the State for child care under
subsection (g) or (i) of former section 402 (as so in
effect));
``(ii)(I) the total amount required to be paid to the State
under former section 403 for fiscal year 1994 (other than
with respect to amounts expended by the State for child care
under subsection (g) or (i) of former section 402 (as so in
effect)); plus
``(II) an amount equal to 85 percent of the amount (if any)
by which the total amount required to be paid to the State
under former section 403(a)(5) for emergency assistance for
fiscal year 1995 exceeds the total amount required to be paid
to the State under former section 403(a)(5) for fiscal year
1994, if, during fiscal year 1994 or 1995, the Secretary
approved under former section 402 an amendment to the former
State plan with respect to the provision of emergency
assistance; or
``(iii) \4/3\ of the total amount required to be paid to
the State under former section 403 (as in effect on September
30, 1995) for the 1st 3 quarters of fiscal year 1995 (other
than with respect to amounts expended by the State under the
State plan approved under part F (as so in effect) or for
child care under subsection (g) or (i) of former section 402
(as so in effect)), plus the total amount required to be paid
to the State for fiscal year 1995 under former section 403(l)
(as so in effect).
``(C) Total amount required to be paid to the state under
former section 403 defined.--As used in this part, the term
`total amount required to be paid to the State under former
section 403' means, with respect to a fiscal year--
``(i) in the case of a State to which section 1108 does not
apply, the sum of--
``(I) the Federal share of maintenance assistance
expenditures for the fiscal year, before reduction pursuant
to subparagraph (B) or (C) of section 403(b)(2) (as in effect
on September 30, 1995), as reported by the State on ACF Form
231;
``(II) the Federal share of administrative expenditures
(including administrative expenditures for the development of
management information systems) for the fiscal year, as
reported by the State on ACF Form 231;
``(III) the Federal share of emergency assistance
expenditures for the fiscal year, as reported by the State on
ACF Form 231;
``(IV) the Federal share of expenditures for the fiscal
year with respect to child care pursuant to subsections (g)
and (i) of former section 402 (as in effect on September 30,
1995), as reported by the State on ACF Form 231; and
``(V) the Federal obligations made to the State under
section 403 for the fiscal year with respect to the State
program operated under part F (as in effect on September 30,
1995), as determined by the Secretary, including additional
obligations or reductions in obligations made after the close
of the fiscal year; and
``(ii) in the case of a State to which section 1108
applies, the lesser of--
``(I) the sum described in clause (i); or
``(II) the total amount certified by the Secretary under
former section 403 (as in effect during the fiscal year) with
respect to the territory.
``(D) Information to be used in determining amounts.--
``(i) For fiscal years 1992 and 1993.--
``(I) In determining the amounts described in subclauses
(I) through (IV) of subparagraph (C)(i) for any State for
each of fiscal years 1992 and 1993, the Secretary shall use
information available as of April 28, 1995.
``(II) In determining the amount described in subparagraph
(C)(i)(V) for any State for each of fiscal years 1992 and
1993, the Secretary shall use information available as of
January 6, 1995.
``(ii) For fiscal year 1994.--In determining the amounts
described in subparagraph (C)(i) for any State for fiscal
year 1994, the Secretary shall use information available as
of April 28, 1995.
``(iii) For fiscal year 1995.--
``(I) In determining the amount described in subparagraph
(B)(ii)(II) for any State for fiscal year 1995, the Secretary
shall use the information which was reported by the States
and estimates made by the States with respect to emergency
assistance expenditures and was available as of August 11,
1995.
``(II) In determining the amounts described in subclauses
(I) through (III) of subparagraph (C)(i) for any State for
fiscal year 1995, the Secretary shall use information
available as of October 2, 1995.
``(III) In determining the amount described in subparagraph
(C)(i)(IV) for any State for fiscal year 1995, the Secretary
shall use information available as of February 28, 1996.
``(IV) In determining the amount described in subparagraph
(C)(i)(V) for any State for fiscal year 1995, the Secretary
shall use information available as of October 5, 1995.
``(E) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1996, 1997, 1998, 1999, 2000,
2001, and 2002 such sums as are necessary for grants under
this paragraph.
``(2) Bonus to reward decrease in illegitimacy.--
``(A) In general.--Each eligible State shall be entitled to
receive from the Secretary a grant for each bonus year for
which the State demonstrates a net decrease in out-of-wedlock
births.
``(B) Amount of grant.--
``(i) If 5 eligible states.--If there are 5 eligible States
for a bonus year, the amount of the grant shall be
$20,000,000.
``(ii) If fewer than 5 eligible states.--If there are fewer
than 5 eligible States for a bonus year, the amount of the
grant shall be $25,000,000.
``(C) Definitions.--As used in this paragraph:
``(i) Eligible state.--
``(I) In general.--The term `eligible State' means a State
that the Secretary determines meets the following
requirements:
``(aa) The State demonstrates that the number of out-of-
wedlock births that occurred in the State during the most
recent 2-year period for which such information is available
decreased as compared to the number of such births that
occurred during the previous 2-year period, and the magnitude
of the decrease for the State for the period is not exceeded
by the magnitude of the corresponding decrease for 5 or more
other States for the period.
``(bb) The rate of induced pregnancy terminations in the
State for the fiscal year is less than the rate of induced
pregnancy terminations in the State for fiscal year 1995.
``(II) Disregard of changes in data due to changed
reporting methods.--In making the determination required by
subclause (I), the Secretary shall disregard--
``(aa) any difference between the number of out-of-wedlock
births that occurred in a State for a fiscal year and the
number of out-of-wedlock births that occurred in a State for
fiscal year 1995 which is attributable to a change in State
methods of reporting data used to calculate the number of
out-of-wedlock births; and
``(bb) any difference between the rate of induced pregnancy
terminations in a State for a fiscal year and such rate for
fiscal year 1995 which is attributable to a change in State
methods of reporting data used to calculate such rate.
``(ii) Bonus year.--The term `bonus year' means fiscal
years 1999, 2000, 2001, and 2002.
[[Page 1775]]
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1999 through 2002, such sums as
are necessary for grants under this paragraph.
``(3) Supplemental grant for population increases in
certain states.--
``(A) In general.--Each qualifying State shall, subject to
subparagraph (F), be entitled to receive from the Secretary--
``(i) for fiscal year 1998 a grant in an amount equal to
2.5 percent of the total amount required to be paid to the
State under former section 403 (as in effect during fiscal
year 1994) for fiscal year 1994; and
``(ii) for each of fiscal years 1999, 2000, and 2001, a
grant in an amount equal to the sum of--
``(I) the amount (if any) required to be paid to the State
under this paragraph for the immediately preceding fiscal
year; and
``(II) 2.5 percent of the sum of--
``(aa) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; and
``(bb) the amount (if any) required to be paid to the State
under this paragraph for the fiscal year preceding the fiscal
year for which the grant is to be made.
``(B) Preservation of grant without increases for states
failing to remain qualifying states.--Each State that is not
a qualifying State for a fiscal year specified in
subparagraph (A)(ii) but was a qualifying State for a prior
fiscal year shall, subject to subparagraph (F), be entitled
to receive from the Secretary for the specified fiscal year,
a grant in an amount equal to the amount required to be paid
to the State under this paragraph for the most recent fiscal
year for which the State was a qualifying State.
``(C) Qualifying state.--
``(i) In general.--For purposes of this paragraph, a State
is a qualifying State for a fiscal year if--
``(I) the level of welfare spending per poor person by the
State for the immediately preceding fiscal year is less than
the national average level of State welfare spending per poor
person for such preceding fiscal year; and
``(II) the population growth rate of the State (as
determined by the Bureau of the Census) for the most recent
fiscal year for which information is available exceeds the
average population growth rate for all States (as so
determined) for such most recent fiscal year.
``(ii) State must qualify in fiscal year 1997.--
Notwithstanding clause (i), a State shall not be a qualifying
State for any fiscal year after 1998 by reason of clause (i)
if the State is not a qualifying State for fiscal year 1998
by reason of clause (i).
``(iii) Certain states deemed qualifying states.--For
purposes of this paragraph, a State is deemed to be a
qualifying State for fiscal years 1998, 1999, 2000, and 2001
if--
``(I) the level of welfare spending per poor person by the
State for fiscal year 1994 is less than 35 percent of the
national average level of State welfare spending per poor
person for fiscal year 1994; or
``(II) the population of the State increased by more than
10 percent from April 1, 1990 to July 1, 1994, according to
the population estimates in publication CB94-204 of the
Bureau of the Census.
``(D) Definitions.--As used in this paragraph:
``(i) Level of welfare spending per poor person.--The term
`level of State welfare spending per poor person' means, with
respect to a State and a fiscal year--
``(I) the sum of--
``(aa) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; and
``(bb) the amount (if any) paid to the State under this
paragraph for the immediately preceding fiscal year; divided
by
``(II) the number of individuals, according to the 1990
decennial census, who were residents of the State and whose
income was below the poverty line.
``(ii) National average level of state welfare spending per
poor person.--The term `national average level of State
welfare spending per poor person' means, with respect to a
fiscal year, an amount equal to--
``(I) the total amount required to be paid to the States
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994; divided by
``(II) the number of individuals, according to the 1990
decennial census, who were residents of any State and whose
income was below the poverty line.
``(iii) State.--The term `State' means each of the 50
States of the United States and the District of Columbia.
``(E) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1998, 1999, 2000, and 2001 such
sums as are necessary for grants under this paragraph, in a
total amount not to exceed $800,000,000.
``(F) Grants reduced pro rata if insufficient
appropriations.--If the amount appropriated pursuant to this
paragraph for a fiscal year is less than the total amount of
payments otherwise required to be made under this paragraph
for the fiscal year, then the amount otherwise payable to any
State for the fiscal year under this paragraph shall be
reduced by a percentage equal to the amount so appropriated
divided by such total amount.
``(G) Budget scoring.--Notwithstanding section 257(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of
1985, the baseline shall assume that no grant shall be made
under this paragraph after fiscal year 2001.
``(4) Bonus to reward high performance states.--
``(A) In general.--The Secretary shall make a grant
pursuant to this paragraph to each State for each bonus year
for which the State is a high performing State.
``(B) Amount of grant.--
``(i) In general.--Subject to clause (ii) of this
subparagraph, the Secretary shall determine the amount of the
grant payable under this paragraph to a high performing State
for a bonus year, which shall be based on the score assigned
to the State under subparagraph (D)(i) for the fiscal year
that immediately precedes the bonus year.
``(ii) Limitation.--The amount payable to a State under
this paragraph for a bonus year shall not exceed 5 percent of
the State family assistance grant.
``(C) Formula for measuring state performance.--Not later
than 1 year after the date of the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996, the Secretary, in consultation with the National
Governors' Association and the American Public Welfare
Association, shall develop a formula for measuring State
performance in operating the State program funded under this
part so as to achieve the goals set forth in section 401(a).
``(D) Scoring of state performance; setting of performance
thresholds.--For each bonus year, the Secretary shall--
``(i) use the formula developed under subparagraph (C) to
assign a score to each eligible State for the fiscal year
that immediately precedes the bonus year; and
``(ii) prescribe a performance threshold in such a manner
so as to ensure that--
``(I) the average annual total amount of grants to be made
under this paragraph for each bonus year equals $200,000,000;
and
``(II) the total amount of grants to be made under this
paragraph for all bonus years equals $1,000,000,000.
``(E) Definitions.--As used in this paragraph:
``(i) Bonus year.--The term `bonus year' means fiscal years
1999, 2000, 2001, 2002, and 2003.
``(ii) High performing state.--The term `high performing
State' means, with respect a bonus year, an eligible State
whose score assigned pursuant to subparagraph (D)(i) for the
fiscal year immediately preceding the bonus year equals or
exceeds the performance threshold prescribed under
subparagraph (D)(ii) for such preceding fiscal year.
``(F) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1999 through 2003
$1,000,000,000 for grants under this paragraph.
``(b) Contingency Fund.--
``(1) Establishment.--There is hereby established in the
Treasury of the United States a fund which shall be known as
the `Contingency Fund for State Welfare Programs' (in this
section referred to as the `Fund').
``(2) Deposits into fund.--Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated for fiscal years 1997, 1998, 1999, 2000, and
2001 such sums as are necessary for payment to the Fund in a
total amount not to exceed $2,000,000,000.
``(3) Grants.--
``(A) Provisional payments.--If an eligible State submits
to the Secretary a request for funds under this paragraph
during an eligible month, the Secretary shall, subject to
this paragraph, pay to the State, from amounts appropriated
pursuant to paragraph (2), an amount equal to the amount of
funds so requested.
``(B) Payment priority.--The Secretary shall make payments
under subparagraph (A) in the order in which the Secretary
receives requests for such payments.
``(C) Limitations.--
``(i) Monthly payment to a state.--The total amount paid to
a single State under subparagraph (A) during a month shall
not exceed \1/12\ of 20 percent of the State family
assistance grant.
``(ii) Payments to all states.--The total amount paid to
all States under subparagraph (A) during fiscal years 1997
through 2001 shall not exceed the total amount appropriated
pursuant to paragraph (2).
``(4) Annual reconciliation.--Notwithstanding paragraph
(3), at the end of each fiscal year, each State shall remit
to the Secretary an amount equal to the amount (if any) by
which the total amount paid to the State under paragraph (3)
during the fiscal year exceeds--
``(A) the Federal medical assistance percentage for the
State for the fiscal year (as defined in section 1905(b), as
in effect on September 30, 1995) of the amount (if any) by
which--
``(i) if the Secretary makes a payment to the State under
section 418(a)(2) in the fiscal year--
``(I) the expenditures under the State program funded under
this part for the fiscal year, excluding any amounts made
available by the Federal Government (except amounts paid to
the State under paragraph (3) during the fiscal year that
have been expended by the State) and any amounts expended by
the State during the fiscal year for child care; exceeds
``(II) historic State expenditures (as defined in section
409(a)(7)(B)(iii)), excluding the expenditures by the State
for child care
[[Page 1776]]
under subsection (g) or (i) of section 402 (as in effect
during fiscal year 1994) for fiscal year 1994 minus any
Federal payment with respect to such child care expenditures;
or
``(ii) if the Secretary does not make a payment to the
State under section 418(a)(2) in the fiscal year--
``(I) the expenditures under the State program funded under
this part for the fiscal year (excluding any amounts made
available by the Federal Government, except amounts paid to
the State under paragraph (3) during the fiscal year that
have been expended by the State); exceeds
``(II) historic State expenditures (as defined in section
409(a)(7)(B)(iii)); multiplied by
``(B) \1/12\ times the number of months during the fiscal
year for which the Secretary makes a payment to the State
under this subsection.
``(5) Eligible month.--As used in paragraph (3)(A), the
term `eligible month' means, with respect to a State, a month
in the 2-month period that begins with any month for which
the State is a needy State.
``(6) Needy state.--For purposes of paragraph (5), a State
is a needy State for a month if--
``(A) the average rate of--
``(i) total unemployment in such State (seasonally
adjusted) for the period consisting of the most recent 3
months for which data for all States are published equals or
exceeds 6.5 percent; and
``(ii) total unemployment in such State (seasonally
adjusted) for the 3-month period equals or exceeds 110
percent of such average rate for either (or both) of the
corresponding 3-month periods ending in the 2 preceding
calendar years; or
``(B) as determined by the Secretary of Agriculture (in the
discretion of the Secretary of Agriculture), the monthly
average number of individuals (as of the last day of each
month) participating in the food stamp program in the State
in the then most recently concluded 3-month period for which
data are available exceeds by not less than 10 percent the
lesser of--
``(i) the monthly average number of individuals (as of the
last day of each month) in the State that would have
participated in the food stamp program in the corresponding
3-month period in fiscal year 1994 if the amendments made by
titles IV and VIII of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 had been in effect
throughout fiscal year 1994; or
``(ii) the monthly average number of individuals (as of the
last day of each month) in the State that would have
participated in the food stamp program in the corresponding
3-month period in fiscal year 1995 if the amendments made by
titles IV and VIII of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 had been in effect
throughout fiscal year 1995.
``(7) Other terms defined.--As used in this subsection:
``(A) State.--The term `State' means each of the 50 States
of the United States and the District of Columbia.
``(B) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(8) Annual reports.--The Secretary shall annually report
to the Congress on the status of the Fund.
``SEC. 404. USE OF GRANTS.
``(a) General Rules.--Subject to this part, a State to
which a grant is made under section 403 may use the grant--
``(1) in any manner that is reasonably calculated to
accomplish the purpose of this part, including to provide low
income households with assistance in meeting home heating and
cooling costs; or
``(2) in any manner that the State was authorized to use
amounts received under part A or F, as such parts were in
effect on September 30, 1995.
``(b) Limitation on Use of Grant for Administrative
Purposes.--
``(1) Limitation.--A State to which a grant is made under
section 403 shall not expend more than 15 percent of the
grant for administrative purposes.
``(2) Exception.--Paragraph (1) shall not apply to the use
of a grant for information technology and computerization
needed for tracking or monitoring required by or under this
part.
``(c) Authority to Treat Interstate Immigrants Under Rules
of Former State.--A State operating a program funded under
this part may apply to a family the rules (including benefit
amounts) of the program funded under this part of another
State if the family has moved to the State from the other
State and has resided in the State for less than 12 months.
``(d) Authority to Use Portion of Grant for Other
Purposes.--
``(1) In general.--A State may use not more than 30 percent
of the amount of any grant made to the State under section
403(a) for a fiscal year to carry out a State program
pursuant to any or all of the following provisions of law:
``(A) Title XX of this Act.
``(B) The Child Care and Development Block Grant Act of
1990.
``(2) Limitation on amount transferable to title xx
programs.--Notwithstanding paragraph (1), not more than \1/3\
of the total amount paid to a State under this part for a
fiscal year that is used to carry out State programs pursuant
to provisions of law specified in paragraph (1) may be used
to carry out State programs pursuant to title XX.
``(3) Applicable rules.--
``(A) In general.--Except as provided in subparagraph (B)
of this paragraph, any amount paid to a State under this part
that is used to carry out a State program pursuant to a
provision of law specified in paragraph (1) shall not be
subject to the requirements of this part, but shall be
subject to the requirements that apply to Federal funds
provided directly under the provision of law to carry out the
program, and the expenditure of any amount so used shall not
be considered to be an expenditure under this part.
``(B) Exception relating to title xx programs.--All amounts
paid to a State under this part that are used to carry out
State programs pursuant to title XX shall be used only for
programs and services to children or their families whose
income is less than 200 percent of the income official
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981)
applicable to a family of the size involved.
``(e) Authority to Reserve Certain Amounts for
Assistance.--A State may reserve amounts paid to the State
under this part for any fiscal year for the purpose of
providing, without fiscal year limitation, assistance under
the State program funded under this part.
``(f) Authority to Operate Employment Placement Program.--A
State to which a grant is made under section 403 may use the
grant to make payments (or provide job placement vouchers) to
State-approved public and private job placement agencies that
provide employment placement services to individuals who
receive assistance under the State program funded under this
part.
``(g) Implementation of Electronic Benefit Transfer
System.--A State to which a grant is made under section 403
is encouraged to implement an electronic benefit transfer
system for providing assistance under the State program
funded under this part, and may use the grant for such
purpose.
``(h) Use of Funds for Individual Development Accounts.--
``(1) In general.--A State to which a grant is made under
section 403 may use the grant to carry out a program to fund
individual development accounts (as defined in paragraph (2))
established by individuals eligible for assistance under the
State program funded under this part.
``(2) Individual development accounts.--
``(A) Establishment.--Under a State program carried out
under paragraph (1), an individual development account may be
established by or on behalf of an individual eligible for
assistance under the State program operated under this part
for the purpose of enabling the individual to accumulate
funds for a qualified purpose described in subparagraph (B).
``(B) Qualified purpose.--A qualified purpose described in
this subparagraph is 1 or more of the following, as provided
by the qualified entity providing assistance to the
individual under this subsection:
``(i) Postsecondary educational expenses.--Postsecondary
educational expenses paid from an individual development
account directly to an eligible educational institution.
``(ii) First home purchase.--Qualified acquisition costs
with respect to a qualified principal residence for a
qualified first-time homebuyer, if paid from an individual
development account directly to the persons to whom the
amounts are due.
``(iii) Business capitalization.--Amounts paid from an
individual development account directly to a business
capitalization account which is established in a federally
insured financial institution and is restricted to use solely
for qualified business capitalization expenses.
``(C) Contributions to be from earned income.--An
individual may only contribute to an individual development
account such amounts as are derived from earned income, as
defined in section 911(d)(2) of the Internal Revenue Code of
1986.
``(D) Withdrawal of funds.--The Secretary shall establish
such regulations as may be necessary to ensure that funds
held in an individual development account are not withdrawn
except for 1 or more of the qualified purposes described in
subparagraph (B).
``(3) Requirements.--
``(A) In general.--An individual development account
established under this subsection shall be a trust created or
organized in the United States and funded through periodic
contributions by the establishing individual and matched by
or through a qualified entity for a qualified purpose (as
described in paragraph (2)(B)).
``(B) Qualified entity.--As used in this subsection, the
term `qualified entity' means--
``(i) a not-for-profit organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code; or
``(ii) a State or local government agency acting in
cooperation with an organization described in clause (i).
``(4) No reduction in benefits.--Notwithstanding any other
provision of Federal law (other than the Internal Revenue
Code of 1986) that requires consideration of 1 or more
financial circumstances of an individual, for the purpose of
determining eligibility to receive, or the amount of, any
assistance or benefit authorized by such law to be provided
to or for the benefit of such individual, funds (including
interest accruing) in an individual development account under
this subsection shall be disregarded for such purpose with
respect to any period during which such indi
[[Page 1777]]
vidual maintains or makes contributions into such an account.
``(5) Definitions.--As used in this subsection--
``(A) Eligible educational institution.--The term `eligible
educational institution' means the following:
``(i) An institution described in section 481(a)(1) or
1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1088(a)(1) or 1141(a)), as such sections are in effect on the
date of the enactment of this subsection.
``(ii) An area vocational education school (as defined in
subparagraph (C) or (D) of section 521(4) of the Carl D.
Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2471(4))) which is in any State (as defined in section
521(33) of such Act), as such sections are in effect on the
date of the enactment of this subsection.
``(B) Post-secondary educational expenses.--The term `post-
secondary educational expenses' means--
``(i) tuition and fees required for the enrollment or
attendance of a student at an eligible educational
institution, and
``(ii) fees, books, supplies, and equipment required for
courses of instruction at an eligible educational
institution.
``(C) Qualified acquisition costs.--The term `qualified
acquisition costs' means the costs of acquiring,
constructing, or reconstructing a residence. The term
includes any usual or reasonable settlement, financing, or
other closing costs.
``(D) Qualified business.--The term `qualified business'
means any business that does not contravene any law or public
policy (as determined by the Secretary).
``(E) Qualified business capitalization expenses.--The term
`qualified business capitalization expenses' means qualified
expenditures for the capitalization of a qualified business
pursuant to a qualified plan.
``(F) Qualified expenditures.--The term `qualified
expenditures' means expenditures included in a qualified
plan, including capital, plant, equipment, working capital,
and inventory expenses.
``(G) Qualified first-time homebuyer.--
``(i) In general.--The term `qualified first-time
homebuyer' means a taxpayer (and, if married, the taxpayer's
spouse) who has no present ownership interest in a principal
residence during the 3-year period ending on the date of
acquisition of the principal residence to which this
subsection applies.
``(ii) Date of acquisition.--The term `date of acquisition'
means the date on which a binding contract to acquire,
construct, or reconstruct the principal residence to which
this subparagraph applies is entered into.
``(H) Qualified plan.--The term `qualified plan' means a
business plan which--
``(i) is approved by a financial institution, or by a
nonprofit loan fund having demonstrated fiduciary integrity,
``(ii) includes a description of services or goods to be
sold, a marketing plan, and projected financial statements,
and
``(iii) may require the eligible individual to obtain the
assistance of an experienced entrepreneurial advisor.
``(I) Qualified principal residence.--The term `qualified
principal residence' means a principal residence (within the
meaning of section 1034 of the Internal Revenue Code of
1986), the qualified acquisition costs of which do not exceed
100 percent of the average area purchase price applicable to
such residence (determined in accordance with paragraphs (2)
and (3) of section 143(e) of such Code).
(i) Sanction welfare recipients for failing to ensure that
minor dependent children attend school.--A State to which a
grant is made under section 403 shall not be prohibited from
sanctioning a family that includes an adult who has received
assistance under any State program funded under this part
attributable to funds provided by the Federal Government or
under the food stamp program, as defined in section 3(h) of
the Food Stamp Act of 1977, if such adult fails to ensure
that the minor dependent children of such adult attend school
as required by the law of the State in which the minor
children reside.
(j) Requirement for high school diploma or equivalent.--A
State to which a grant is made under section 403 shall not be
prohibited from sanctioning a family that includes an adult
who is older than age 20 and younger than age 51 and who has
received assistance under any State program funded under this
part attributable to funds provided by the Federal Government
or under the food stamp program, as defined in section 3(h)
of the Food Stamp Act of 1977, if such adult does not have,
or is not working toward attaining, a secondary school
diploma or its recognized equivalent unless such adult has
been determined in the judgment of medical, psychiatric, or
other appropriate professionals to lack the requisite
capacity to complete successfully a course of study that
would lead to a secondary school diploma or its recognized
equivalent.
``SEC. 405. ADMINISTRATIVE PROVISIONS.
``(a) Quarterly.--The Secretary shall pay each grant
payable to a State under section 403 in quarterly
installments, subject to this section.
``(b) Notification.--Not later than 3 months before the
payment of any such quarterly installment to a State, the
Secretary shall notify the State of the amount of any
reduction determined under section 412(a)(1)(B) with respect
to the State.
``(c) Computation and Certification of Payments to
States.--
``(1) Computation.--The Secretary shall estimate the amount
to be paid to each eligible State for each quarter under this
part, such estimate to be based on a report filed by the
State containing an estimate by the State of the total sum to
be expended by the State in the quarter under the State
program funded under this part and such other information as
the Secretary may find necessary.
``(2) Certification.--The Secretary of Health and Human
Services shall certify to the Secretary of the Treasury the
amount estimated under paragraph (1) with respect to a State,
reduced or increased to the extent of any overpayment or
underpayment which the Secretary of Health and Human Services
determines was made under this part to the State for any
prior quarter and with respect to which adjustment has not
been made under this paragraph.
``(d) Payment Method.--Upon receipt of a certification
under subsection (c)(2) with respect to a State, the
Secretary of the Treasury shall, through the Fiscal Service
of the Department of the Treasury and before audit or
settlement by the General Accounting Office, pay to the
State, at the time or times fixed by the Secretary of Health
and Human Services, the amount so certified.
``SEC. 406. FEDERAL LOANS FOR STATE WELFARE PROGRAMS.
``(a) Loan Authority.--
``(1) In general.--The Secretary shall make loans to any
loan-eligible State, for a period to maturity of not more
than 3 years.
``(2) Loan-eligible state.--As used in paragraph (1), the
term `loan-eligible State' means a State against which a
penalty has not been imposed under section 409(a)(1).
``(b) Rate of Interest.--The Secretary shall charge and
collect interest on any loan made under this section at a
rate equal to the current average market yield on outstanding
marketable obligations of the United States with remaining
periods to maturity comparable to the period to maturity of
the loan.
``(c) Use of Loan.--A State shall use a loan made to the
State under this section only for any purpose for which grant
amounts received by the State under section 403(a) may be
used, including--
``(1) welfare anti-fraud activities; and
``(2) the provision of assistance under the State program
to Indian families that have moved from the service area of
an Indian tribe with a tribal family assistance plan approved
under section 412.
``(d) Limitation on Total Amount of Loans to a State.--The
cumulative dollar amount of all loans made to a State under
this section during fiscal years 1997 through 2002 shall not
exceed 10 percent of the State family assistance grant.
``(e) Limitation on Total Amount of Outstanding Loans.--The
total dollar amount of loans outstanding under this section
may not exceed $1,700,000,000.
``(f) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated such sums as may be necessary for the cost of
loans under this section.
``SEC. 407. MANDATORY WORK REQUIREMENTS.
``(a) Participation Rate Requirements.--
``(1) All families.--A State to which a grant is made under
section 403 for a fiscal year shall achieve the minimum
participation rate specified in the following table for the
fiscal year with respect to all families receiving assistance
under the State program funded under this part:
The minimum
participation
``If the fiscal year is: rate is:
1997........................................................25
1998........................................................30
1999........................................................35
2000........................................................40
2001........................................................45
2002 or thereafter..........................................50.
``(2) 2-parent families.--A State to which a grant is made
under section 403 for a fiscal year shall achieve the minimum
participation rate specified in the following table for the
fiscal year with respect to 2-parent families receiving
assistance under the State program funded under this part:
The minimum
participation
``If the fiscal year is: rate is:
1997........................................................75
1998........................................................75
1999 or thereafter..........................................90.
``(b) Calculation of Participation Rates.--
``(1) All families.--
``(A) Average monthly rate.--For purposes of subsection
(a)(1), the participation rate for all families of a State
for a fiscal year is the average of the participation rates
for all families of the State for each month in the fiscal
year.
``(B) Monthly participation rates.--The participation rate
of a State for all families of the State for a month,
expressed as a percentage, is--
``(i) the number of families receiving assistance under the
State program funded under this part that include an adult or
a minor child head of household who is engaged in work for
the month; divided by
``(ii) the amount by which--
``(I) the number of families receiving such assistance
during the month that include an adult or a minor child head
of household receiving such assistance; exceeds
``(II) the number of families receiving such assistance
that are subject in such month to a penalty described in
subsection (e)(1) but have not been subject to such penalty
for more than 3 months within the preceding 12-month period
(whether or not consecutive).
[[Page 1778]]
``(2) 2-parent families.--
``(A) Average monthly rate.--For purposes of subsection
(a)(2), the participation rate for 2-parent families of a
State for a fiscal year is the average of the participation
rates for 2-parent families of the State for each month in
the fiscal year.
``(B) Monthly participation rates.--The participation rate
of a State for 2-parent families of the State for a month
shall be calculated by use of the formula set forth in
paragraph (1)(B), except that in the formula the term `number
of 2-parent families' shall be substituted for the term
`number of families' each place such latter term appears.
``(3) Pro rata reduction of participation rate due to
caseload reductions not required by federal law.--
``(A) In general.--The Secretary shall prescribe
regulations for reducing the minimum participation rate
otherwise required by this section for a fiscal year by the
number of percentage points equal to the number of percentage
points (if any) by which--
``(i) the average monthly number of families receiving
assistance during the immediately preceding fiscal year under
the State program funded under this part is less than
``(ii) the average monthly number of families that received
aid under the State plan approved under part A (as in effect
on September 30, 1995) during fiscal year 1995.
The minimum participation rate shall not be reduced to the
extent that the Secretary determines that the reduction in
the number of families receiving such assistance is required
by Federal law.
``(B) Eligibility changes not counted.--The regulations
required by subparagraph (A) shall not take into account
families that are diverted from a State program funded under
this part as a result of differences in eligibility criteria
under a State program funded under this part and eligibility
criteria under the State program operated under the State
plan approved under part A (as such plan and such part were
in effect on September 30, 1995). Such regulations shall
place the burden on the Secretary to prove that such families
were diverted as a direct result of differences in such
eligibility criteria.
``(4) State option to include individuals receiving
assistance under a tribal family assistance plan.--For
purposes of paragraphs (1)(B) and (2)(B), a State may, at its
option, include families in the State that are receiving
assistance under a tribal family assistance plan approved
under section 412.
``(5) State option for participation requirement
exemptions.--For any fiscal year, a State may, at its option,
not require an individual who is a single custodial parent
caring for a child who has not attained 12 months of age to
engage in work, and may disregard such an individual in
determining the participation rates under subsection (a) for
not more than 12 months.
``(c) Engaged in Work.--
``(1) General rules.--
``(A) All families.--For purposes of subsection
(b)(1)(B)(i), a recipient is engaged in work for a month in a
fiscal year if the recipient is participating in work
activities for at least the minimum average number of hours
per week specified in the following table during the month,
not fewer than 20 hours per week of which are attributable to
an activity described in paragraph (1), (2), (3), (4), (5),
(6), (7), (8), or (12) of subsection (d), subject to this
subsection:
The minimum
``If the month is average number of
in fiscal year: hours per week is:
1997......................................................20
1998......................................................20
1999......................................................25
2000 or thereafter........................................30.
``(B) 2-parent families.--For purposes of subsection
(b)(2)(B), an individual is engaged in work for a month in a
fiscal year if--
``(i) the individual is making progress in work activities
for at least 35 hours per week during the month, not fewer
than 30 hours per week of which are attributable to an
activity described in paragraph (1), (2), (3), (4), (5), (6),
(7), (8), or (12) of subsection (d), subject to this
subsection; and
``(ii) if the family of the individual receives federally-
funded child care assistance and an adult in the family is
not disabled or caring for a severely disabled child, the
individual's spouse is making progress in work activities
during the month, not fewer than 20 hours per week of which
are attributable to an activity described in paragraph (1),
(2), (3), (4), (5), or (7) of subsection (d).
``(2) Limitations and special rules.--
``(A) Number of weeks for which job search counts as
work.--
``(i) Limitation.--Notwithstanding paragraph (1) of this
subsection, an individual shall not be considered to be
engaged in work by virtue of participation in an activity
described in subsection (d)(6) of a State program funded
under this part, after the individual has participated in
such an activity for 6 weeks (or, if the unemployment rate of
the State is at least 50 percent greater than the
unemployment rate of the United States, 12 weeks), or if the
participation is for a week that immediately follows 4
consecutive weeks of such participation.
``(ii) Limited authority to count less than full week of
participation.--For purposes of clause (i) of this
subparagraph, on not more than 1 occasion per individual, the
State shall consider participation of the individual in an
activity described in subsection (d)(6) for 3 or 4 days
during a week as a week of participation in the activity by
the individual.
``(B) Single parent with child under age 6 deemed to be
meeting work participation requirements if parent is engaged
in work for 20 hours per week.--For purposes of determining
monthly participation rates under subsection (b)(1)(B)(i), a
recipient in a 1-parent family who is the parent of a child
who has not attained 6 years of age is deemed to be engaged
in work for a month if the recipient is engaged in work for
an average of at least 20 hours per week during the month.
``(C) Teen head of household who maintains satisfactory
school attendance deemed to be meeting work participation
requirements.--For purposes of determining monthly
participation rates under subsection (b)(1)(B)(i), a
recipient who is a single head of household and has not
attained 20 years of age is deemed, subject to subparagraph
(D) of this paragraph, to be engaged in work for a month in a
fiscal year if the recipient--
``(i) maintains satisfactory attendance at secondary school
or the equivalent during the month; or
``(ii) participates in education directly related to
employment for at least the minimum average number of hours
per week specified in the table set forth in paragraph (1)(A)
of this subsection.
``(D) Number of persons that may be treated as engaged in
work by virtue of participation in vocational education
activities or being a teen head of household who maintains
satisfactory school attendance.--For purposes of determining
monthly participation rates under paragraphs (1)(B)(i) and
(2)(B) of subsection (b), not more than 20 percent of
individuals in all families and in 2-parent families may be
determined to be engaged in work in the State for a month by
reason of participation in vocational educational training or
deemed to be engaged in work by reason of subparagraph (C) of
this paragraph.
``(d) Work Activities Defined.--As used in this section,
the term `work activities' means--
``(1) unsubsidized employment;
``(2) subsidized private sector employment;
``(3) subsidized public sector employment;
``(4) work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient
private sector employment is not available;
``(5) on-the-job training;
``(6) job search and job readiness assistance;
``(7) community service programs;
``(8) vocational educational training (not to exceed 12
months with respect to any individual);
``(9) job skills training directly related to employment;
``(10) education directly related to employment, in the
case of a recipient who has not received a high school
diploma or a certificate of high school equivalency;
``(11) satisfactory attendance at secondary school or in a
course of study leading to a certificate of general
equivalence, in the case of a recipient who has not completed
secondary school or received such a certificate; and
``(12) the provision of child care services to an
individual who is participating in a community service
program.
``(e) Penalties Against Individuals.--
``(1) In general.--Except as provided in paragraph (2), if
an individual in a family receiving assistance under the
State program funded under this part refuses to engage in
work required in accordance with this section, the State
shall--
``(A) reduce the amount of assistance otherwise payable to
the family pro rata (or more, at the option of the State)
with respect to any period during a month in which the
individual so refuses; or
``(B) terminate such assistance,
subject to such good cause and other exceptions as the State
may establish.
``(2) Exception.--Notwithstanding paragraph (1), a State
may not reduce or terminate assistance under the State
program funded under this part based on a refusal of an
individual to work if the individual is a single custodial
parent caring for a child who has not attained 6 years of
age, and the individual proves that the individual has a
demonstrated inability (as determined by the State) to obtain
needed child care, for 1 or more of the following reasons:
``(A) Unavailability of appropriate child care within a
reasonable distance from the individual's home or work site.
``(B) Unavailability or unsuitability of informal child
care by a relative or under other arrangements.
``(C) Unavailability of appropriate and affordable formal
child care arrangements.
``(f) Nondisplacement in Work Activities.--
``(1) In general.--Subject to paragraph (2), an adult in a
family receiving assistance under a State program funded
under this part attributable to funds provided by the Federal
Government may fill a vacant employment position in order to
engage in a work activity described in subsection (d).
``(2) No filling of certain vacancies.--No adult in a work
activity described in subsection (d) which is funded, in
whole or in part, by funds provided by the Federal Government
shall be employed or assigned--
``(A) when any other individual is on layoff from the same
or any substantially equivalent job; or
``(B) if the employer has terminated the employment of any
regular employee or otherwise caused an involuntary reduction
of its workforce in order to fill the vacancy so created with
an adult described in paragraph (1).
[[Page 1779]]
``(3) Grievance procedure.--A State with a program funded
under this part shall establish and maintain a grievance
procedure for resolving complaints of alleged violations of
paragraph (2).
``(4) No preemption.--Nothing in this subsection shall
preempt or supersede any provision of State or local law that
provides greater protection for employees from displacement.
``(g) Sense of the Congress.--It is the sense of the
Congress that in complying with this section, each State that
operates a program funded under this part is encouraged to
assign the highest priority to requiring adults in 2-parent
families and adults in single-parent families that include
older preschool or school-age children to be engaged in work
activities.
``(h) Sense of the Congress That States Should Impose
Certain Requirements on Noncustodial, Nonsupporting Minor
Parents.--It is the sense of the Congress that the States
should require noncustodial, nonsupporting parents who have
not attained 18 years of age to fulfill community work
obligations and attend appropriate parenting or money
management classes after school.
``(i) Review of Implementation of State Work Programs.--
During fiscal year 1999, the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate shall hold hearings and engage in other
appropriate activities to review the implementation of this
section by the States, and shall invite the Governors of the
States to testify before them regarding such implementation.
Based on such hearings, such Committees may introduce such
legislation as may be appropriate to remedy any problems with
the State programs operated pursuant to this section.
``SEC. 408. PROHIBITIONS; REQUIREMENTS.
``(a) In General.--
``(1) No assistance for families without a minor child.--A
State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to a family--
``(A) unless the family includes--
``(i) a minor child who resides with a custodial parent or
other adult caretaker relative of the child; or
``(ii) a pregnant individual; and
``(B) if the family includes an adult who has received
assistance under any State program funded under this part
attributable to funds provided by the Federal Government, for
60 months (whether or not consecutive) after the date the
State program funded under this part commences (unless an
exception described in subparagraph (B), (C), or (D) of
paragraph (7) applies).
``(2) Reduction or elimination of assistance for
noncooperation in establishing paternity or obtaining child
support.--If the agency responsible for administering the
State plan approved under part D determines that an
individual is not cooperating with the State in establishing
paternity or in establishing, modifying, or enforcing a
support order with respect to a child of the individual, and
the individual does not qualify for any good cause or other
exception established by the State pursuant to section
454(29), then the State--
``(A) shall deduct from the assistance that would otherwise
be provided to the family of the individual under the State
program funded under this part an amount equal to not less
than 25 percent of the amount of such assistance; and
``(B) may deny the family any assistance under the State
program.
``(3) No assistance for families not assigning certain
support rights to the state.--
``(A) In general.--A State to which a grant is made under
section 403 shall require, as a condition of providing
assistance to a family under the State program funded under
this part, that a member of the family assign to the State
any rights the family member may have (on behalf of the
family member or of any other person for whom the family
member has applied for or is receiving such assistance) to
support from any other person, not exceeding the total amount
of assistance so provided to the family, which accrue (or
have accrued) before the date the family leaves the program,
which assignment, on and after the date the family leaves the
program, shall not apply with respect to any support (other
than support collected pursuant to section 464) which accrued
before the family received such assistance and which the
State has not collected by--
``(i) September 30, 2000, if the assignment is executed on
or after October 1, 1997, and before October 1, 2000; or
``(ii) the date the family leaves the program, if the
assignment is executed on or after October 1, 2000.
``(B) Limitation.--A State to which a grant is made under
section 403 shall not require, as a condition of providing
assistance to any family under the State program funded under
this part, that a member of the family assign to the State
any rights to support described in subparagraph (A) which
accrue after the date the family leaves the program.
``(4) No assistance for teenage parents who do not attend
high school or other equivalent training program.--A State to
which a grant is made under section 403 shall not use any
part of the grant to provide assistance to an individual who
has not attained 18 years of age, is not married, has a minor
child at least 12 weeks of age in his or her care, and has
not successfully completed a high-school education (or its
equivalent), if the individual does not participate in--
``(A) educational activities directed toward the attainment
of a high school diploma or its equivalent; or
``(B) an alternative educational or training program that
has been approved by the State.
``(5) No assistance for teenage parents not living in
adult-supervised settings.--
``(A) In general.--
``(i) Requirement.--Except as provided in subparagraph (B),
a State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to an
individual described in clause (ii) of this subparagraph if
the individual and the minor child referred to in clause
(ii)(II) do not reside in a place of residence maintained by
a parent, legal guardian, or other adult relative of the
individual as such parent's, guardian's, or adult relative's
own home.
``(ii) Individual described.-- For purposes of clause (i),
an individual described in this clause is an individual who--
``(I) has not attained 18 years of age; and
``(II) is not married, and has a minor child in his or her
care.
``(B) Exception.--
``(i) Provision of, or assistance in locating, adult-
supervised living arrangement.--In the case of an individual
who is described in clause (ii), the State agency referred to
in section 402(a)(4) shall provide, or assist the individual
in locating, a second chance home, maternity home, or other
appropriate adult-supervised supportive living arrangement,
taking into consideration the needs and concerns of the
individual, unless the State agency determines that the
individual's current living arrangement is appropriate, and
thereafter shall require that the individual and the minor
child referred to in subparagraph (A)(ii)(II) reside in such
living arrangement as a condition of the continued receipt of
assistance under the State program funded under this part
attributable to funds provided by the Federal Government (or
in an alternative appropriate arrangement, should
circumstances change and the current arrangement cease to be
appropriate).
``(ii) Individual described.--For purposes of clause (i),
an individual is described in this clause if the individual
is described in subparagraph (A)(ii), and--
``(I) the individual has no parent, legal guardian or other
appropriate adult relative described in subclause (II) of his
or her own who is living or whose whereabouts are known;
``(II) no living parent, legal guardian, or other
appropriate adult relative, who would otherwise meet
applicable State criteria to act as the individual's legal
guardian, of such individual allows the individual to live in
the home of such parent, guardian, or relative;
``(III) the State agency determines that--
``(aa) the individual or the minor child referred to in
subparagraph (A)(ii)(II) is being or has been subjected to
serious physical or emotional harm, sexual abuse, or
exploitation in the residence of the individual's own parent
or legal guardian; or
``(bb) substantial evidence exists of an act or failure to
act that presents an imminent or serious harm if the
individual and the minor child lived in the same residence
with the individual's own parent or legal guardian; or
``(IV) the State agency otherwise determines that it is in
the best interest of the minor child to waive the requirement
of subparagraph (A) with respect to the individual or the
minor child.
``(iii) Second-chance home.--For purposes of this
subparagraph, the term `second-chance home' means an entity
that provides individuals described in clause (ii) with a
supportive and supervised living arrangement in which such
individuals are required to learn parenting skills, including
child development, family budgeting, health and nutrition,
and other skills to promote their long-term economic
independence and the well-being of their children.
``(6) No medical services.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
medical services.
``(B) Exception for prepregnancy family planning
services.--As used in subparagraph (A), the term `medical
services' does not include prepregnancy family planning
services.
``(7) No assistance for more than 5 years.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
assistance to a family that includes an adult who has
received assistance under any State program funded under this
part attributable to funds provided by the Federal
Government, for 60 months (whether or not consecutive) after
the date the State program funded under this part commences,
subject to this paragraph.
``(B) Minor child exception.--In determining the number of
months for which an individual who is a parent or pregnant
has received assistance under the State program funded under
this part, the State shall disregard any month for which such
assistance was provided with respect to the individual and
during which the individual was--
``(i) a minor child; and
``(ii) not the head of a household or married to the head
of a household.
``(C) Hardship exception.--
``(i) In general.--The State may exempt a family from the
application of subparagraph (A) by reason of hardship or if
the family includes an individual who has been battered or
subjected to extreme cruelty.
[[Page 1780]]
``(ii) Limitation.--The number of families with respect to
which an exemption made by a State under clause (i) is in
effect for a fiscal year shall not exceed 20 percent of the
average monthly number of families to which assistance is
provided under the State program funded under this part.
``(iii) Battered or subject to extreme cruelty defined.--
For purposes of clause (i), an individual has been battered
or subjected to extreme cruelty if the individual has been
subjected to--
``(I) physical acts that resulted in, or threatened to
result in, physical injury to the individual;
``(II) sexual abuse;
``(III) sexual activity involving a dependent child;
``(IV) being forced as the caretaker relative of a
dependent child to engage in nonconsensual sexual acts or
activities;
``(V) threats of, or attempts at, physical or sexual abuse;
``(VI) mental abuse; or
``(VII) neglect or deprivation of medical care.
``(D) Disregard of months of assistance received by adult
while living on an indian reservation or in an alaskan native
village with 50 percent unemployment.--In determining the
number of months for which an adult has received assistance
under the State program funded under this part, the State
shall disregard any month during which the adult lived on an
Indian reservation or in an Alaskan Native village if, during
the month--
``(i) at least 1,000 individuals were living on the
reservation or in the village; and
``(ii) at least 50 percent of the adults living on the
reservation or in the village were unemployed.
``(E) Rule of interpretation.--Subparagraph (A) shall not
be interpreted to require any State to provide assistance to
any individual for any period of time under the State program
funded under this part.
``(F) Rule of interpretation.--This part shall not be
interpreted to prohibit any State from expending State funds
not originating with the Federal Government on benefits for
children or families that have become ineligible for
assistance under the State program funded under this part by
reason of subparagraph (A).
``(8) Denial of assistance for 10 years to a person found
to have fraudulently misrepresented residence in order to
obtain assistance in 2 or more states.--A State to which a
grant is made under section 403 shall not use any part of the
grant to provide cash assistance to an individual during the
10-year period that begins on the date the individual is
convicted in Federal or State court of having made a
fraudulent statement or representation with respect to the
place of residence of the individual in order to receive
assistance simultaneously from 2 or more States under
programs that are funded under this title, title XIX, or the
Food Stamp Act of 1977, or benefits in 2 or more States under
the supplemental security income program under title XVI. The
preceding sentence shall not apply with respect to a
conviction of an individual, for any month beginning after
the President of the United States grants a pardon with
respect to the conduct which was the subject of the
conviction.
``(9) Denial of assistance for fugitive felons and
probation and parole violators.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
assistance to any individual who is--
``(i) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or an attempt
to commit a crime, which is a felony under the laws of the
place from which the individual flees, or which, in the case
of the State of New Jersey, is a high misdemeanor under the
laws of such State; or
``(ii) violating a condition of probation or parole imposed
under Federal or State law.
The preceding sentence shall not apply with respect to
conduct of an individual, for any month beginning after the
President of the United States grants a pardon with respect
to the conduct.
``(B) Exchange of information with law enforcement
agencies.--If a State to which a grant is made under section
403 establishes safeguards against the use or disclosure of
information about applicants or recipients of assistance
under the State program funded under this part, the
safeguards shall not prevent the State agency administering
the program from furnishing a Federal, State, or local law
enforcement officer, upon the request of the officer, with
the current address of any recipient if the officer furnishes
the agency with the name of the recipient and notifies the
agency that--
``(i) the recipient--
``(I) is described in subparagraph (A); or
``(II) has information that is necessary for the officer to
conduct the official duties of the officer; and
``(ii) the location or apprehension of the recipient is
within such official duties.
``(10) Denial of assistance for minor children who are
absent from the home for a significant period.--
``(A) In general.--A State to which a grant is made under
section 403 shall not use any part of the grant to provide
assistance for a minor child who has been, or is expected by
a parent (or other caretaker relative) of the child to be,
absent from the home for a period of 45 consecutive days or,
at the option of the State, such period of not less than 30
and not more than 180 consecutive days as the State may
provide for in the State plan submitted pursuant to section
402.
``(B) State authority to establish good cause exceptions.--
The State may establish such good cause exceptions to
subparagraph (A) as the State considers appropriate if such
exceptions are provided for in the State plan submitted
pursuant to section 402.
``(C) Denial of assistance for relative who fails to notify
state agency of absence of child.--A State to which a grant
is made under section 403 shall not use any part of the grant
to provide assistance for an individual who is a parent (or
other caretaker relative) of a minor child and who fails to
notify the agency administering the State program funded
under this part of the absence of the minor child from the
home for the period specified in or provided for pursuant to
subparagraph (A), by the end of the 5-day period that begins
with the date that it becomes clear to the parent (or
relative) that the minor child will be absent for such period
so specified or provided for.
``(11) Medical assistance required to be provided for
certain families having earnings from employment or child
support.--
``(A) Earnings from employment.--A State to which a grant
is made under section 403 and which has a State plan approved
under title XIX shall provide that in the case of a family
that is treated (under section 1931(b)(1)(A) for purposes of
title XIX) as receiving aid under a State plan approved under
this part (as in effect on July 16, 1996), that would become
ineligible for such aid because of hours of or income from
employment of the caretaker relative (as defined under this
part as in effect on such date) or because of section
402(a)(8)(B)(ii)(II) (as so in effect), and that was so
treated as receiving such aid in at least 3 of the 6 months
immediately preceding the month in which such ineligibility
begins, the family shall remain eligible for medical
assistance under the State's plan approved under title XIX
for an extended period or periods as provided in section 1925
or 1902(e)(1) (as applicable), and that the family will be
appropriately notified of such extension as required by
section 1925(a)(2).
``(B) Child support.--A State to which a grant is made
under section 403 and which has a State plan approved under
title XIX shall provide that in the case of a family that is
treated (under section 1931(b)(1)(A) for purposes of title
XIX) as receiving aid under a State plan approved under this
part (as in effect on July 16, 1996), that would become
ineligible for such aid as a result (wholly or partly) of the
collection of child or spousal support under part D and that
was so treated as receiving such aid in at least 3 of the 6
months immediately preceding the month in which such
ineligibility begins, the family shall remain eligible for
medical assistance under the State's plan approved under
title XIX for an extended period or periods as provided in
section 1931(c)(1).
``(b) Individual Responsibility Plans.--
``(1) Assessment.--The State agency responsible for
administering the State program funded under this part shall
make an initial assessment of the skills, prior work
experience, and employability of each recipient of assistance
under the program who--
``(A) has attained 18 years of age; or
``(B) has not completed high school or obtained a
certificate of high school equivalency, and is not attending
secondary school.
``(2) Contents of plans.--
``(A) In general.--On the basis of the assessment made
under subsection (a) with respect to an individual, the State
agency, in consultation with the individual, may develop an
individual responsibility plan for the individual, which--
``(i) sets forth an employment goal for the individual and
a plan for moving the individual immediately into private
sector employment;
``(ii) sets forth the obligations of the individual, which
may include a requirement that the individual attend school,
maintain certain grades and attendance, keep school age
children of the individual in school, immunize children,
attend parenting and money management classes, or do other
things that will help the individual become and remain
employed in the private sector;
``(iii) to the greatest extent possible is designed to move
the individual into whatever private sector employment the
individual is capable of handling as quickly as possible, and
to increase the responsibility and amount of work the
individual is to handle over time;
``(iv) describes the services the State will provide the
individual so that the individual will be able to obtain and
keep employment in the private sector, and describe the job
counseling and other services that will be provided by the
State; and
``(v) may require the individual to undergo appropriate
substance abuse treatment.
``(B) Timing.--The State agency may comply with paragraph
(1) with respect to an individual--
``(i) within 90 days (or, at the option of the State, 180
days) after the effective date of this part, in the case of
an individual who, as of such effective date, is a recipient
of aid under the State plan approved under part A (as in
effect immediately before such effective date); or
``(ii) within 30 days (or, at the option of the State, 90
days) after the individual is determined to be eligible for
such assistance, in the case of any other individual.
[[Page 1781]]
``(3) Penalty for noncompliance by individual.--In addition
to any other penalties required under the State program
funded under this part, the State may reduce, by such amount
as the State considers appropriate, the amount of assistance
otherwise payable under the State program to a family that
includes an individual who fails without good cause to comply
with an individual responsibility plan signed by the
individual.
``(4) State discretion.--The exercise of the authority of
this subsection shall be within the sole discretion of the
State.
``(c) Nondiscrimination Provisions.--The following
provisions of law shall apply to any program or activity
which receives funds provided under this part:
``(1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
``(2) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
``(3) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(d) Aliens.--For special rules relating to the treatment
of aliens, see section 402 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
``SEC. 409. PENALTIES.
``(a) In General.--Subject to this section:
``(1) Use of grant in violation of this part.--
``(A) General penalty.--If an audit conducted under chapter
75 of title 31, United States Code, finds that an amount paid
to a State under section 403 for a fiscal year has been used
in violation of this part, the Secretary shall reduce the
grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter by the amount so
used.
``(B) Enhanced penalty for intentional violations.--If the
State does not prove to the satisfaction of the Secretary
that the State did not intend to use the amount in violation
of this part, the Secretary shall further reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter by an amount equal
to 5 percent of the State family assistance grant.
``(2) Failure to submit required report.--
``(A) In general.--If the Secretary determines that a State
has not, within 1 month after the end of a fiscal quarter,
submitted the report required by section 411(a) for the
quarter, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding
fiscal year by an amount equal to 4 percent of the State
family assistance grant.
``(B) Rescission of penalty.--The Secretary shall rescind a
penalty imposed on a State under subparagraph (A) with
respect to a report if the State submits the report before
the end of the fiscal quarter that immediately succeeds the
fiscal quarter for which the report was required.
``(3) Failure to satisfy minimum participation rates.--
``(A) In general.--If the Secretary determines that a State
to which a grant is made under section 403 for a fiscal year
has failed to comply with section 407(a) for the fiscal year,
the Secretary shall reduce the grant payable to the State
under section 403(a)(1) for the immediately succeeding fiscal
year by an amount equal to not more than the applicable
percentage of the State family assistance grant.
``(B) Applicable percentage defined.--As used in
subparagraph (A), the term `applicable percentage' means,
with respect to a State--
``(i) if a penalty was not imposed on the State under
subparagraph (A) for the immediately preceding fiscal year, 5
percent; or
``(ii) if a penalty was imposed on the State under
subparagraph (A) for the immediately preceding fiscal year,
the lesser of--
``(I) the percentage by which the grant payable to the
State under section 403(a)(1) was reduced for such preceding
fiscal year, increased by 2 percentage points; or
``(II) 21 percent.
``(C) Penalty based on severity of failure.--The Secretary
shall impose reductions under subparagraph (A) with respect
to a fiscal year based on the degree of noncompliance, and
may reduce the penalty if the noncompliance is due to
circumstances that caused the State to become a needy State
(as defined in section 403(b)(6)) during the fiscal year.
``(4) Failure to participate in the income and eligibility
verification system.--If the Secretary determines that a
State program funded under this part is not participating
during a fiscal year in the income and eligibility
verification system required by section 1137, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) for the immediately succeeding fiscal year by an
amount equal to not more than 2 percent of the State family
assistance grant.
``(5) Failure to comply with paternity establishment and
child support enforcement requirements under part d.--
Notwithstanding any other provision of this Act, if the
Secretary determines that the State agency that administers a
program funded under this part does not enforce the penalties
requested by the agency administering part D against
recipients of assistance under the State program who fail to
cooperate in establishing paternity or in establishing,
modifying, or enforcing a child support order in accordance
with such part and who do not qualify for any good cause or
other exception established by the State under section
454(29), the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding
fiscal year (without regard to this section) by not more than
5 percent.
``(6) Failure to timely repay a federal loan fund for state
welfare programs.--If the Secretary determines that a State
has failed to repay any amount borrowed from the Federal Loan
Fund for State Welfare Programs established under section 406
within the period of maturity applicable to the loan, plus
any interest owed on the loan, the Secretary shall reduce the
grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year quarter (without regard to
this section) by the outstanding loan amount, plus the
interest owed on the outstanding amount. The Secretary shall
not forgive any outstanding loan amount or interest owed on
the outstanding amount.
``(7) Failure of any state to maintain certain level of
historic effort.--
``(A) In general.--The Secretary shall reduce the grant
payable to the State under section 403(a)(1) for fiscal year
1998, 1999, 2000, 2001, 2002, or 2003 by the amount (if any)
by which qualified State expenditures for the then
immediately preceding fiscal year are less than the
applicable percentage of historic State expenditures with
respect to such preceding fiscal year.
``(B) Definitions.--As used in this paragraph:
``(i) Qualified state expenditures.--
``(I) In general.--The term `qualified State expenditures'
means, with respect to a State and a fiscal year, the total
expenditures by the State during the fiscal year, under all
State programs, for any of the following with respect to
eligible families:
``(aa) Cash assistance.
``(bb) Child care assistance.
``(cc) Educational activities designed to increase self-
sufficiency, job training, and work, excluding any
expenditure for public education in the State except
expenditures which involve the provision of services or
assistance to a member of an eligible family which is not
generally available to persons who are not members of an
eligible family.
``(dd) Administrative costs in connection with the matters
described in items (aa), (bb), (cc), and (ee), but only to
the extent that such costs do not exceed 15 percent of the
total amount of qualified State expenditures for the fiscal
year.
``(ee) Any other use of funds allowable under section
404(a)(1).
``(II) Exclusion of transfers from other state and local
programs.--Such term does not include expenditures under any
State or local program during a fiscal year, except to the
extent that--
``(aa) the expenditures exceed the amount expended under
the State or local program in the fiscal year most recently
ending before the date of the enactment of this part; or
``(bb) the State is entitled to a payment under former
section 403 (as in effect immediately before such date of
enactment) with respect to the expenditures.
``(III) Eligible families.--As used in subclause (I), the
term `eligible families' means families eligible for
assistance under the State program funded under this part,
and families that would be eligible for such assistance but
for the application of section 408(a)(7) of this Act or
section 402 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
``(ii) Applicable percentage.--The term `applicable
percentage' means for fiscal years 1997 through 2002, 80
percent (or, if the State meets the requirements of section
407(a) for the fiscal year, 75 percent) reduced (if
appropriate) in accordance with subparagraph (C)(ii).
``(iii) Historic state expenditures.--The term `historic
State expenditures' means, with respect to a State, the
lesser of--
``(I) the expenditures by the State under parts A and F (as
in effect during fiscal year 1994) for fiscal year 1994; or
``(II) the amount which bears the same ratio to the amount
described in subclause (I) as--
``(aa) the State family assistance grant, plus the total
amount required to be paid to the State under former section
403 for fiscal year 1994 with respect to amounts expended by
the State for child care under subsection (g) or (i) of
section 402 (as in effect during fiscal year 1994); bears to
``(bb) the total amount required to be paid to the State
under former section 403 (as in effect during fiscal year
1994) for fiscal year 1994.
Such term does not include any expenditures under the State
plan approved under part A (as so in effect) on behalf of
individuals covered by a tribal family assistance plan
approved under section 412, as determined by the Secretary.
``(iv) Expenditures by the state.--The term `expenditures
by the State' does not include--
``(I) any expenditures from amounts made available by the
Federal Government;
``(II) any State funds expended for the medicaid program
under title XIX;
``(III) any State funds which are used to match Federal
funds; or
``(IV) any State funds which are expended as a condition of
receiving Federal funds under Federal programs other than
under this part.
Notwithstanding subclause (IV) of the preceding sentence,
such term includes expenditures by a State for child care in
a fiscal year to the extent that the total amount of
[[Page 1782]]
such expenditures does not exceed an amount equal to the
amount of State expenditures in fiscal year 1994 or 1995
(whichever is greater) that equal the non-Federal share for
the programs described in section 418(a)(1)(A).
``(8) Substantial noncompliance of state child support
enforcement program with requirements of part d.--
``(A) In general.--If a State program operated under part D
is found as a result of a review conducted under section
452(a)(4) not to have complied substantially with the
requirements of such part for any quarter, and the Secretary
determines that the program is not complying substantially
with such requirements at the time the finding is made, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the quarter and each subsequent quarter
that ends before the 1st quarter throughout which the program
is found to be in substantial compliance with such
requirements by--
``(i) not less than 1 nor more than 2 percent;
``(ii) not less than 2 nor more than 3 percent, if the
finding is the 2nd consecutive such finding made as a result
of such a review; or
``(iii) not less than 3 nor more than 5 percent, if the
finding is the 3rd or a subsequent consecutive such finding
made as a result of such a review.
``(B) Disregard of noncompliance which is of a technical
nature.--For purposes of subparagraph (A) and section
452(a)(4), a State which is not in full compliance with the
requirements of this part shall be determined to be in
substantial compliance with such requirements only if the
Secretary determines that any noncompliance with such
requirements is of a technical nature which does not
adversely affect the performance of the State's program
operated under part D.
``(9) Failure to comply with 5-year limit on assistance.--
If the Secretary determines that a State has not complied
with section 408(a)(1)(B) during a fiscal year, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) for the immediately succeeding fiscal year by an
amount equal to 5 percent of the State family assistance
grant.
``(10) Failure of state receiving amounts from contingency
fund to maintain 100 percent of historic effort.--If, at the
end of any fiscal year during which amounts from the
Contingency Fund for State Welfare Programs have been paid to
a State, the Secretary finds that the expenditures under the
State program funded under this part for the fiscal year
(excluding any amounts made available by the Federal
Government) are less than 100 percent of historic State
expenditures (as defined in paragraph (7)(B)(iii) of this
subsection), the Secretary shall reduce the grant payable to
the State under section 403(a)(1) for the immediately
succeeding fiscal year by the total of the amounts so paid to
the State.
``(11) Failure to maintain assistance to adult single
custodial parent who cannot obtain child care for child under
age 6.--
``(A) In general.--If the Secretary determines that a State
to which a grant is made under section 403 for a fiscal year
has violated section 407(e)(2) during the fiscal year, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year
by an amount equal to not more than 5 percent of the State
family assistance grant.
``(B) Penalty based on severity of failure.--The Secretary
shall impose reductions under subparagraph (A) with respect
to a fiscal year based on the degree of noncompliance.
``(12) Failure to expend additional state funds to replace
grant reductions.--If the grant payable to a State under
section 403(a)(1) for a fiscal year is reduced by reason of
this subsection, the State shall, during the immediately
succeeding fiscal year, expend under the State program funded
under this part an amount equal to the total amount of such
reductions.
``(b) Reasonable Cause Exception.--
``(1) In general.--The Secretary may not impose a penalty
on a State under subsection (a) with respect to a requirement
if the Secretary determines that the State has reasonable
cause for failing to comply with the requirement.
``(2) Exception.--Paragraph (1) of this subsection shall
not apply to any penalty under paragraph (7) or (8) of
subsection (a).
``(c) Corrective Compliance Plan.--
``(1) In general.--
``(A) Notification of violation.--Before imposing a penalty
against a State under subsection (a) with respect to a
violation of this part, the Secretary shall notify the State
of the violation and allow the State the opportunity to enter
into a corrective compliance plan in accordance with this
subsection which outlines how the State will correct the
violation and how the State will insure continuing compliance
with this part.
``(B) 60-day period to propose a corrective compliance
plan.--During the 60-day period that begins on the date the
State receives a notice provided under subparagraph (A) with
respect to a violation, the State may submit to the Federal
Government a corrective compliance plan to correct the
violation.
``(C) Consultation about modifications.--During the 60-day
period that begins with the date the Secretary receives a
corrective compliance plan submitted by a State in accordance
with subparagraph (B), the Secretary may consult with the
State on modifications to the plan.
``(D) Acceptance of plan.-- A corrective compliance plan
submitted by a State in accordance with subparagraph (B) is
deemed to be accepted by the Secretary if the Secretary does
not accept or reject the plan during 60-day period that
begins on the date the plan is submitted.
``(2) Effect of correcting violation.--The Secretary may
not impose any penalty under subsection (a) with respect to
any violation covered by a State corrective compliance plan
accepted by the Secretary if the State corrects the violation
pursuant to the plan.
``(3) Effect of failing to correct violation.--The
Secretary shall assess some or all of a penalty imposed on a
State under subsection (a) with respect to a violation if the
State does not, in a timely manner, correct the violation
pursuant to a State corrective compliance plan accepted by
the Secretary.
``(4) Inapplicability to failure to timely repay a federal
loan fund for a state welfare program.--This subsection shall
not apply to the imposition of a penalty against a State
under subsection (a)(6).
``(d) Limitation on Amount of Penalties.--
``(1) In general.--In imposing the penalties described in
subsection (a), the Secretary shall not reduce any quarterly
payment to a State by more than 25 percent.
``(2) Carryforward of unrecovered penalties.--To the extent
that paragraph (1) of this subsection prevents the Secretary
from recovering during a fiscal year the full amount of
penalties imposed on a State under subsection (a) of this
section for a prior fiscal year, the Secretary shall apply
any remaining amount of such penalties to the grant payable
to the State under section 403(a)(1) for the immediately
succeeding fiscal year.
``SEC. 410. APPEAL OF ADVERSE DECISION.
``(a) In General.--Within 5 days after the date the
Secretary takes any adverse action under this part with
respect to a State, the Secretary shall notify the chief
executive officer of the State of the adverse action,
including any action with respect to the State plan submitted
under section 402 or the imposition of a penalty under
section 409.
``(b) Administrative Review.--
``(1) In general.--Within 60 days after the date a State
receives notice under subsection (a) of an adverse action,
the State may appeal the action, in whole or in part, to the
Departmental Appeals Board established in the Department of
Health and Human Services (in this section referred to as the
`Board') by filing an appeal with the Board.
``(2) Procedural rules.--The Board shall consider an appeal
filed by a State under paragraph (1) on the basis of such
documentation as the State may submit and as the Board may
require to support the final decision of the Board. In
deciding whether to uphold an adverse action or any portion
of such an action, the Board shall conduct a thorough review
of the issues and take into account all relevant evidence.
The Board shall make a final determination with respect to an
appeal filed under paragraph (1) not less than 60 days after
the date the appeal is filed.
``(c) Judicial Review of Adverse Decision.--
``(1) In general.--Within 90 days after the date of a final
decision by the Board under this section with respect to an
adverse action taken against a State, the State may obtain
judicial review of the final decision (and the findings
incorporated into the final decision) by filing an action
in--
``(A) the district court of the United States for the
judicial district in which the principal or headquarters
office of the State agency is located; or
``(B) the United States District Court for the District of
Columbia.
``(2) Procedural rules.--The district court in which an
action is filed under paragraph (1) shall review the final
decision of the Board on the record established in the
administrative proceeding, in accordance with the standards
of review prescribed by subparagraphs (A) through (E) of
section 706(2) of title 5, United States Code. The review
shall be on the basis of the documents and supporting data
submitted to the Board.
``SEC. 411. DATA COLLECTION AND REPORTING.
``(a) Quarterly Reports by States.--
``(1) General reporting requirement.--
``(A) Contents of report.--Each eligible State shall
collect on a monthly basis, and report to the Secretary on a
quarterly basis, the following disaggregated case record
information on the families receiving assistance under the
State program funded under this part:
``(i) The county of residence of the family.
``(ii) Whether a child receiving such assistance or an
adult in the family is disabled.
``(iii) The ages of the members of such families.
``(iv) The number of individuals in the family, and the
relation of each family member to the youngest child in the
family.
``(v) The employment status and earnings of the employed
adult in the family.
``(vi) The marital status of the adults in the family,
including whether such adults have never married, are
widowed, or are divorced.
``(vii) The race and educational status of each adult in
the family.
``(viii) The race and educational status of each child in
the family.
``(ix) Whether the family received subsidized housing,
medical assistance under the State plan approved under title
XIX, food stamps, or subsidized child care, and if the latter
2, the amount received.
[[Page 1783]]
``(x) The number of months that the family has received
each type of assistance under the program.
``(xi) If the adults participated in, and the number of
hours per week of participation in, the following activities:
``(I) Education.
``(II) Subsidized private sector employment.
``(III) Unsubsidized employment.
``(IV) Public sector employment, work experience, or
community service.
``(V) Job search.
``(VI) Job skills training or on-the-job training.
``(VII) Vocational education.
``(xii) Information necessary to calculate participation
rates under section 407.
``(xiii) The type and amount of assistance received under
the program, including the amount of and reason for any
reduction of assistance (including sanctions).
``(xiv) Any amount of unearned income received by any
member of the family.
``(xv) The citizenship of the members of the family.
``(xvi) From a sample of closed cases, whether the family
left the program, and if so, whether the family left due to--
``(I) employment;
``(II) marriage;
``(III) the prohibition set forth in section 408(a)(7);
``(IV) sanction; or
``(V) State policy.
``(B) Use of estimates.--
``(i) Authority.--A State may comply with subparagraph (A)
by submitting an estimate which is obtained through the use
of scientifically acceptable sampling methods approved by the
Secretary.
``(ii) Sampling and other methods.--The Secretary shall
provide the States with such case sampling plans and data
collection procedures as the Secretary deems necessary to
produce statistically valid estimates of the performance of
State programs funded under this part. The Secretary may
develop and implement procedures for verifying the quality of
data submitted by the States.
``(2) Report on use of federal funds to cover
administrative costs and overhead.--The report required by
paragraph (1) for a fiscal quarter shall include a statement
of the percentage of the funds paid to the State under this
part for the quarter that are used to cover administrative
costs or overhead.
``(3) Report on state expenditures on programs for needy
families.--The report required by paragraph (1) for a fiscal
quarter shall include a statement of the total amount
expended by the State during the quarter on programs for
needy families.
``(4) Report on noncustodial parents participating in work
activities.--The report required by paragraph (1) for a
fiscal quarter shall include the number of noncustodial
parents in the State who participated in work activities (as
defined in section 407(d)) during the quarter.
``(5) Report on transitional services.--The report required
by paragraph (1) for a fiscal quarter shall include the total
amount expended by the State during the quarter to provide
transitional services to a family that has ceased to receive
assistance under this part because of employment, along with
a description of such services.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to define the data elements
with respect to which reports are required by this
subsection.
``(b) Annual Reports to the Congress by the Secretary.--Not
later than 6 months after the end of fiscal year 1997, and
each fiscal year thereafter, the Secretary shall transmit to
the Congress a report describing--
``(1) whether the States are meeting--
``(A) the participation rates described in section 407(a);
and
``(B) the objectives of--
``(i) increasing employment and earnings of needy families,
and child support collections; and
``(ii) decreasing out-of-wedlock pregnancies and child
poverty;
``(2) the demographic and financial characteristics of
families applying for assistance, families receiving
assistance, and families that become ineligible to receive
assistance;
``(3) the characteristics of each State program funded
under this part; and
``(4) the trends in employment and earnings of needy
families with minor children living at home.
``SEC. 412. DIRECT FUNDING AND ADMINISTRATION BY INDIAN
TRIBES.
``(a) Grants for Indian Tribes.--
``(1) Tribal family assistance grant.--
``(A) In general.--For each of fiscal years 1997, 1998,
1999, 2000, 2001, and 2002, the Secretary shall pay to each
Indian tribe that has an approved tribal family assistance
plan a tribal family assistance grant for the fiscal year in
an amount equal to the amount determined under subparagraph
(B), and shall reduce the grant payable under section
403(a)(1) to any State in which lies the service area or
areas of the Indian tribe by that portion of the amount so
determined that is attributable to expenditures by the State.
``(B) Amount determined.--
``(i) In general.--The amount determined under this
subparagraph is an amount equal to the total amount of the
Federal payments to a State or States under section 403 (as
in effect during such fiscal year) for fiscal year 1994
attributable to expenditures (other than child care
expenditures) by the State or States under parts A and F (as
so in effect) for fiscal year 1994 for Indian families
residing in the service area or areas identified by the
Indian tribe pursuant to subsection (b)(1)(C) of this
section.
``(ii) Use of state submitted data.--
``(I) In general.--The Secretary shall use State submitted
data to make each determination under clause (i).
``(II) Disagreement with determination.--If an Indian tribe
or tribal organization disagrees with State submitted data
described under subclause (I), the Indian tribe or tribal
organization may submit to the Secretary such additional
information as may be relevant to making the determination
under clause (i) and the Secretary may consider such
information before making such determination.
``(2) Grants for indian tribes that received jobs funds.--
``(A) In general.--The Secretary shall pay to each eligible
Indian tribe for each of fiscal years 1997, 1998, 1999, 2000,
2001, and 2002 a grant in an amount equal to the amount
received by the Indian tribe in fiscal year 1994 under
section 482(i) (as in effect during fiscal year 1994).
``(B) Eligible indian tribe.--For purposes of subparagraph
(A), the term `eligible Indian tribe' means an Indian tribe
or Alaska Native organization that conducted a job
opportunities and basic skills training program in fiscal
year 1995 under section 482(i) (as in effect during fiscal
year 1995).
``(C) Use of grant.--Each Indian tribe to which a grant is
made under this paragraph shall use the grant for the purpose
of operating a program to make work activities available to
members of the Indian tribe.
``(D) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $7,638,474 for each fiscal year specified in
subparagraph (A) for grants under subparagraph (A).
``(b) 3-Year Tribal Family Assistance Plan.--
``(1) In general.--Any Indian tribe that desires to receive
a tribal family assistance grant shall submit to the
Secretary a 3-year tribal family assistance plan that--
``(A) outlines the Indian tribe's approach to providing
welfare-related services for the 3-year period, consistent
with this section;
``(B) specifies whether the welfare-related services
provided under the plan will be provided by the Indian tribe
or through agreements, contracts, or compacts with
intertribal consortia, States, or other entities;
``(C) identifies the population and service area or areas
to be served by such plan;
``(D) provides that a family receiving assistance under the
plan may not receive duplicative assistance from other State
or tribal programs funded under this part;
``(E) identifies the employment opportunities in or near
the service area or areas of the Indian tribe and the manner
in which the Indian tribe will cooperate and participate in
enhancing such opportunities for recipients of assistance
under the plan consistent with any applicable State
standards; and
``(F) applies the fiscal accountability provisions of
section 5(f)(1) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to
the submission of a single-agency audit report required by
chapter 75 of title 31, United States Code.
``(2) Approval.--The Secretary shall approve each tribal
family assistance plan submitted in accordance with paragraph
(1).
``(3) Consortium of tribes.--Nothing in this section shall
preclude the development and submission of a single tribal
family assistance plan by the participating Indian tribes of
an intertribal consortium.
``(c) Minimum Work Participation Requirements and Time
Limits.--The Secretary, with the participation of Indian
tribes, shall establish for each Indian tribe receiving a
grant under this section minimum work participation
requirements, appropriate time limits for receipt of welfare-
related services under the grant, and penalties against
individuals--
``(1) consistent with the purposes of this section;
``(2) consistent with the economic conditions and resources
available to each tribe; and
``(3) similar to comparable provisions in section 407(e).
``(d) Emergency Assistance.--Nothing in this section shall
preclude an Indian tribe from seeking emergency assistance
from any Federal loan program or emergency fund.
``(e) Accountability.--Nothing in this section shall be
construed to limit the ability of the Secretary to maintain
program funding accountability consistent with--
``(1) generally accepted accounting principles; and
``(2) the requirements of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(f) Penalties.--
``(1) Subsections (a)(1), (a)(6), and (b) of section 409,
shall apply to an Indian tribe with an approved tribal
assistance plan in the same manner as such subsections apply
to a State.
``(2) Section 409(a)(3) shall apply to an Indian tribe with
an approved tribal assistance plan by substituting `meet
minimum work participation requirements established under
section 412(c)' for `comply with section 407(a)'.
``(g) Data Collection and Reporting.--Section 411 shall
apply to an Indian tribe with an approved tribal family
assistance plan.
[[Page 1784]]
``(h) Special Rule for Indian Tribes in Alaska.--
``(1) In general.--Notwithstanding any other provision of
this section, and except as provided in paragraph (2), an
Indian tribe in the State of Alaska that receives a tribal
family assistance grant under this section shall use the
grant to operate a program in accordance with requirements
comparable to the requirements applicable to the program of
the State of Alaska funded under this part. Comparability of
programs shall be established on the basis of program
criteria developed by the Secretary in consultation with the
State of Alaska and such Indian tribes.
``(2) Waiver.--An Indian tribe described in paragraph (1)
may apply to the appropriate State authority to receive a
waiver of the requirement of paragraph (1).
``SEC. 413. RESEARCH, EVALUATIONS, AND NATIONAL STUDIES.
``(a) Research.--The Secretary shall conduct research on
the benefits, effects, and costs of operating different State
programs funded under this part, including time limits
relating to eligibility for assistance. The research shall
include studies on the effects of different programs and the
operation of such programs on welfare dependency,
illegitimacy, teen pregnancy, employment rates, child well-
being, and any other area the Secretary deems appropriate.
The Secretary shall also conduct research on the costs and
benefits of State activities under section 409.
``(b) Development and Evaluation of Innovative Approaches
To Reducing Welfare Dependency and Increasing Child Well-
Being.--
``(1) In general.--The Secretary may assist States in
developing, and shall evaluate, innovative approaches for
reducing welfare dependency and increasing the well-being of
minor children living at home with respect to recipients of
assistance under programs funded under this part. The
Secretary may provide funds for training and technical
assistance to carry out the approaches developed pursuant to
this paragraph.
``(2) Evaluations.--In performing the evaluations under
paragraph (1), the Secretary shall, to the maximum extent
feasible, use random assignment as an evaluation methodology.
``(c) Dissemination of Information.--The Secretary shall
develop innovative methods of disseminating information on
any research, evaluations, and studies conducted under this
section, including the facilitation of the sharing of
information and best practices among States and localities
through the use of computers and other technologies.
``(d) Annual Ranking of States and Review of Most and Least
Successful Work Programs.--
``(1) Annual ranking of states.--The Secretary shall rank
annually the States to which grants are paid under section
403 in the order of their success in placing recipients of
assistance under the State program funded under this part
into long-term private sector jobs, reducing the overall
welfare caseload, and, when a practicable method for
calculating this information becomes available, diverting
individuals from formally applying to the State program and
receiving assistance. In ranking States under this
subsection, the Secretary shall take into account the average
number of minor children living at home in families in the
State that have incomes below the poverty line and the amount
of funding provided each State for such families.
``(2) Annual review of most and least successful work
programs.--The Secretary shall review the programs of the 3
States most recently ranked highest under paragraph (1) and
the 3 States most recently ranked lowest under paragraph (1)
that provide parents with work experience, assistance in
finding employment, and other work preparation activities and
support services to enable the families of such parents to
leave the program and become self-sufficient.
``(e) Annual Ranking of States and Review of Issues
Relating to Out-of-Wedlock Births.--
``(1) Annual ranking of states.--
``(A) In general.--The Secretary shall annually rank States
to which grants are made under section 403 based on the
following ranking factors:
``(i) Absolute out-of-wedlock ratios.--The ratio
represented by--
``(I) the total number of out-of-wedlock births in families
receiving assistance under the State program under this part
in the State for the most recent fiscal year for which
information is available; over
``(II) the total number of births in families receiving
assistance under the State program under this part in the
State for such year.
``(ii) Net changes in the out-of-wedlock ratio.--The
difference between the ratio described in subparagraph (A)(i)
with respect to a State for the most recent fiscal year for
which such information is available and the ratio with
respect to the State for the immediately preceding year.
``(2) Annual review.--The Secretary shall review the
programs of the 5 States most recently ranked highest under
paragraph (1) and the 5 States most recently ranked the
lowest under paragraph (1).
``(f) State-Initiated Evaluations.--A State shall be
eligible to receive funding to evaluate the State program
funded under this part if--
``(1) the State submits a proposal to the Secretary for the
evaluation;
``(2) the Secretary determines that the design and approach
of the evaluation is rigorous and is likely to yield
information that is credible and will be useful to other
States, and
``(3) unless otherwise waived by the Secretary, the State
contributes to the cost of the evaluation, from non-Federal
sources, an amount equal to at least 10 percent of the cost
of the evaluation.
``(g) Report on Circumstances of Certain Children and
Families.--
``(1) In general.--Beginning 3 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Committees on Ways
and Means and on Economic and Educational Opportunities of
the House of Representatives and to the Committees on Finance
and on Labor and Resources of the Senate annual reports that
examine in detail the matters described in paragraph (2) with
respect to each of the following groups for the period after
such enactment:
``(A) Individuals who were children in families that have
become ineligible for assistance under a State program funded
under this part by reason of having reached a time limit on
the provision of such assistance.
``(B) Children born after such date of enactment to parents
who, at the time of such birth, had not attained 20 years of
age.
``(C) Individuals who, after such date of enactment, became
parents before attaining 20 years of age.
``(2) Matters described.--The matters described in this
paragraph are the following:
``(A) The percentage of each group that has dropped out of
secondary school (or the equivalent), and the percentage of
each group at each level of educational attainment.
``(B) The percentage of each group that is employed.
``(C) The percentage of each group that has been convicted
of a crime or has been adjudicated as a delinquent.
``(D) The rate at which the members of each group are born,
or have children, out-of-wedlock, and the percentage of each
group that is married.
``(E) The percentage of each group that continues to
participate in State programs funded under this part.
``(F) The percentage of each group that has health
insurance provided by a private entity (broken down by
whether the insurance is provided through an employer or
otherwise), the percentage that has health insurance provided
by an agency of government, and the percentage that does not
have health insurance.
``(G) The average income of the families of the members of
each group.
``(H) Such other matters as the Secretary deems
appropriate.
``(h) Funding of Studies and Demonstrations.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $15,000,000 for each of fiscal years 1997
through 2002 for the purpose of paying--
``(A) the cost of conducting the research described in
subsection (a);
``(B) the cost of developing and evaluating innovative
approaches for reducing welfare dependency and increasing the
well-being of minor children under subsection (b);
``(C) the Federal share of any State-initiated study
approved under subsection (f); and
``(D) an amount determined by the Secretary to be necessary
to operate and evaluate demonstration projects, relating to
this part, that are in effect or approved under section 1115
as of September 30, 1995, and are continued after such date.
``(2) Allocation.--Of the amount appropriated under
paragraph (1) for a fiscal year--
``(A) 50 percent shall be allocated for the purposes
described in subparagraphs (A) and (B) of paragraph (1), and
``(B) 50 percent shall be allocated for the purposes
described in subparagraphs (C) and (D) of paragraph (1).
``(3) Demonstrations of innovative strategies.--The
Secretary may implement and evaluate demonstrations of
innovative and promising strategies which--
``(A) provide one-time capital funds to establish, expand,
or replicate programs;
``(B) test performance-based grant-to-loan financing in
which programs meeting performance targets receive grants
while programs not meeting such targets repay funding on a
prorated basis; and
``(C) test strategies in multiple States and types of
communities.
``(i) Child Poverty Rates.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this part, and annually thereafter, the
chief executive officer of each State shall submit to the
Secretary a statement of the child poverty rate in the State
as of such date of enactment or the date of the most recent
prior statement under this paragraph.
``(2) Submission of corrective action plan.--Not later than
90 days after the date a State submits a statement under
paragraph (1) which indicates that, as a result of the
amendments made by section 103 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, the child
poverty rate of the State has increased by 5 percent or more
since the most recent prior statement under paragraph (1),
the State shall prepare and submit to the Secretary a
corrective action plan in accordance with paragraph (3).
``(3) Contents of plan.--A corrective action plan submitted
under paragraph (2)
[[Page 1785]]
shall outline that manner in which the State will reduce the
child poverty rate in the State. The plan shall include a
description of the actions to be taken by the State under
such plan.
``(4) Compliance with plan.--A State that submits a
corrective action plan that the Secretary has found contains
the information required by this subsection shall implement
the corrective action plan until the State determines that
the child poverty rate in the State is less than the lowest
child poverty rate on the basis of which the State was
required to submit the corrective action plan.
``(5) Methodology.--The Secretary shall prescribe
regulations establishing the methodology by which a State
shall determine the child poverty rate in the State. The
methodology shall take into account factors including the
number of children who receive free or reduced-price lunches,
the number of food stamp households, and the county-by-county
estimates of children in poverty as determined by the Census
Bureau.
``SEC. 414. STUDY BY THE CENSUS BUREAU.
``(a) In General.--The Bureau of the Census shall continue
to collect data on the 1992 and 1993 panels of the Survey of
Income and Program Participation as necessary to obtain such
information as will enable interested persons to evaluate the
impact of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 on a random national sample of recipients of assistance
under State programs funded under this part and (as
appropriate) other low income families, and in doing so,
shall pay particular attention to the issues of out-of-
wedlock birth, welfare dependency, the beginning and end of
welfare spells, and the causes of repeat welfare spells, and
shall obtain information about the status of children
participating in such panels.
``(b) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $10,000,000 for each of fiscal years 1996, 1997,
1998, 1999, 2000, 2001, and 2002 for payment to the Bureau of
the Census to carry out subsection (a).
``SEC. 415. WAIVERS.
``(a) Continuation of Waivers.--
``(1) Waivers in effect on date of enactment of welfare
reform.--
``(A) In general.--Except as provided in subparagraph (B),
if any waiver granted to a State under section 1115 of this
Act or otherwise which relates to the provision of assistance
under a State plan under this part (as in effect on September
30, 1996) is in effect as of the date of the enactment of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, the amendments made by the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (other than by section 103(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996) shall not apply with respect to the State before the
expiration (determined without regard to any extensions) of
the waiver to the extent such amendments are inconsistent
with the waiver.
``(B) Financing limitation.--Notwithstanding any other
provision of law, beginning with fiscal year 1996, a State
operating under a waiver described in subparagraph (A) shall
be entitled to payment under section 403 for the fiscal year,
in lieu of any other payment provided for in the waiver.
``(2) Waivers granted subsequently.--
``(A) In general.--Except as provided in subparagraph (B),
if any waiver granted to a State under section 1115 of this
Act or otherwise which relates to the provision of assistance
under a State plan under this part (as in effect on September
30, 1996) is submitted to the Secretary before the date of
the enactment of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 and approved by the
Secretary on or before July 1, 1997, and the State
demonstrates to the satisfaction of the Secretary that the
waiver will not result in Federal expenditures under title IV
of this Act (as in effect without regard to the amendments
made by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) that are greater than would occur
in the absence of the waiver, the amendments made by the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (other than by section 103(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996) shall not apply with respect to the State before the
expiration (determined without regard to any extensions) of
the waiver to the extent the amendments made by the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 are inconsistent with the waiver.
``(B) No effect on new work requirements.--Notwithstanding
subparagraph (A), a waiver granted under section 1115 or
otherwise which relates to the provision of assistance under
a State program funded under this part (as in effect on
September 30, 1996) shall not affect the applicability of
section 407 to the State.
``(b) State Option To Terminate Waiver.--
``(1) In general.--A State may terminate a waiver described
in subsection (a) before the expiration of the waiver.
``(2) Report.--A State which terminates a waiver under
paragraph (1) shall submit a report to the Secretary
summarizing the waiver and any available information
concerning the result or effect of the waiver.
``(3) Hold harmless provision.--
``(A) In general.--Notwithstanding any other provision of
law, a State that, not later than the date described in
subparagraph (B) of this paragraph, submits a written request
to terminate a waiver described in subsection (a) shall be
held harmless for accrued cost neutrality liabilities
incurred under the waiver.
``(B) Date described.--The date described in this
subparagraph is 90 days following the adjournment of the
first regular session of the State legislature that begins
after the date of the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
``(c) Secretarial Encouragement of Current Waivers.--The
Secretary shall encourage any State operating a waiver
described in subsection (a) to continue the waiver and to
evaluate, using random sampling and other characteristics of
accepted scientific evaluations, the result or effect of the
waiver.
``(d) Continuation of Individual Waivers.--A State may
elect to continue 1 or more individual waivers described in
subsection (a).
``SEC. 416. ADMINISTRATION.
``The programs under this part and part D shall be
administered by an Assistant Secretary for Family Support
within the Department of Health and Human Services, who shall
be appointed by the President, by and with the advice and
consent of the Senate, and who shall be in addition to any
other Assistant Secretary of Health and Human Services
provided for by law, and the Secretary shall reduce the
Federal workforce within the Department of Health and Human
Services by an amount equal to the sum of 75 percent of the
full-time equivalent positions at such Department that relate
to any direct spending program, or any program funded through
discretionary spending, that has been converted into a block
grant program under the Personal Responsibility and Work
Opportunity Act of 1996 and the amendments made by such Act,
and by an amount equal to 75 percent of that portion of the
total full-time equivalent departmental management positions
at such Department that bears the same relationship to the
amount appropriated for any direct spending program, or any
program funded through discretionary spending, that has been
converted into a block grant program under the Personal
Responsibility and Work Opportunity Act of 1996 and the
amendments made by such Act, as such amount relates to the
total amount appropriated for use by such Department, and,
notwithstanding any other provision of law, the Secretary
shall take such actions as may be necessary, including
reductions in force actions, consistent with sections 3502
and 3595 of title 5, United States Code, to reduce the full-
time equivalent positions within the Department of Health and
Human Services by 245 full-time equivalent positions related
to the program converted into a block grant under the
amendment made by section 2103 of the Personal Responsibility
and Work Opportunity Act of 1996, and by 60 full-time
equivalent managerial positions in the Department.
``SEC. 417. LIMITATION ON FEDERAL AUTHORITY.
``No officer or employee of the Federal Government may
regulate the conduct of States under this part or enforce any
provision of this part, except to the extent expressly
provided in this part.''; and
(2) by inserting after such section 418 the following:
``SEC. 419. DEFINITIONS.
``As used in this part:
``(1) Adult.--The term `adult' means an individual who is
not a minor child.
``(2) Minor child.--The term `minor child' means an
individual who--
``(A) has not attained 18 years of age; or
``(B) has not attained 19 years of age and is a full-time
student in a secondary school (or in the equivalent level of
vocational or technical training).
``(3) Fiscal year.--The term `fiscal year' means any 12-
month period ending on September 30 of a calendar year.
``(4) Indian, indian tribe, and tribal organization.--
``(A) In general.--Except as provided in subparagraph (B),
the terms `Indian', `Indian tribe', and `tribal organization'
have the meaning given such terms by section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) Special rule for indian tribes in alaska.--The term
`Indian tribe' means, with respect to the State of Alaska,
only the Metlakatla Indian Community of the Annette Islands
Reserve and the following Alaska Native regional nonprofit
corporations:
``(i) Arctic Slope Native Association.
``(ii) Kawerak, Inc.
``(iii) Maniilaq Association.
``(iv) Association of Village Council Presidents.
``(v) Tanana Chiefs Conference.
``(vi) Cook Inlet Tribal Council.
``(vii) Bristol Bay Native Association.
``(viii) Aleutian and Pribilof Island Association.
``(ix) Chugachmuit.
``(x) Tlingit Haida Central Council.
``(xi) Kodiak Area Native Association.
``(xii) Copper River Native Association.
``(5) State.--Except as otherwise specifically provided,
the term `State' means the 50 States of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, and American
Samoa.''.
(b) Grants to Outlying Areas.--Section 1108 (42 U.S.C.
1308) is amended--
[[Page 1786]]
(1) by striking subsections (d) and (e);
(2) by redesignating subsection (c) as subsection (f); and
(3) by striking all that precedes subsection (c) and
inserting the following:
``SEC. 1108. ADDITIONAL GRANTS TO PUERTO RICO, THE VIRGIN
ISLANDS, GUAM, AND AMERICAN SAMOA; LIMITATION
ON TOTAL PAYMENTS.
``(a) Limitation on Total Payments to Each Territory.--
Notwithstanding any other provision of this Act, the total
amount certified by the Secretary of Health and Human
Services under titles I, X, XIV, and XVI, under parts A and E
of title IV, and under subsection (b) of this section, for
payment to any territory for a fiscal year shall not exceed
the ceiling amount for the territory for the fiscal year.
``(b) Entitlement to Matching Grant.--
``(1) In general.--Each territory shall be entitled to
receive from the Secretary for each fiscal year a grant in an
amount equal to 75 percent of the amount (if any) by which--
``(A) the total expenditures of the territory during the
fiscal year under the territory programs funded under parts A
and E of title IV; exceeds
``(B) the sum of--
``(i) the amount of the family assistance grant payable to
the territory without regard to section 409; and
``(ii) the total amount expended by the territory during
fiscal year 1995 pursuant to parts A and F of title IV (as so
in effect), other than for child care.
``(2) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal years 1997 through 2002, such sums as
are necessary for grants under this paragraph.
``(c) Definitions.--As used in this section:
``(1) Territory.--The term `territory' means Puerto Rico,
the Virgin Islands, Guam, and American Samoa.
``(2) Ceiling amount.--The term `ceiling amount' means,
with respect to a territory and a fiscal year, the mandatory
ceiling amount with respect to the territory, reduced for the
fiscal year in accordance with subsection (e), and reduced by
the amount of any penalty imposed on the territory under any
provision of law specified in subsection (a) during the
fiscal year.
``(3) Family assistance grant.--The term `family assistance
grant' has the meaning given such term by section
403(a)(1)(B).
``(4) Mandatory ceiling amount.--The term `mandatory
ceiling amount' means--
``(A) $107,255,000 with respect to for Puerto Rico;
``(B) $4,686,000 with respect to Guam;
``(C) $3,554,000 with respect to the Virgin Islands; and
``(D) $1,000,000 with respect to American Samoa.
``(5) Total amount expended by the territory.--The term
`total amount expended by the territory'--
``(A) does not include expenditures during the fiscal year
from amounts made available by the Federal Government; and
``(B) when used with respect to fiscal year 1995, also does
not include--
``(i) expenditures during fiscal year 1995 under subsection
(g) or (i) of section 402 (as in effect on September 30,
1995); or
``(ii) any expenditures during fiscal year 1995 for which
the territory (but for section 1108, as in effect on
September 30, 1995) would have received reimbursement from
the Federal Government.
``(d) Authority to Transfer Funds To Certain Programs.--A
territory to which an amount is paid under subsection (b) of
this section may use the amount in accordance with section
404(d).
``(e) Maintenance of Effort.--The ceiling amount with
respect to a territory shall be reduced for a fiscal year by
an amount equal to the amount (if any) by which--
``(1) the total amount expended by the territory under all
programs of the territory operated pursuant to the provisions
of law specified in subsection (a) (as such provisions were
in effect for fiscal year 1995) for fiscal year 1995; exceeds
``(2) the total amount expended by the territory under all
programs of the territory that are funded under the
provisions of law specified in subsection (a) for the fiscal
year that immediately precedes the fiscal year referred to in
the matter preceding paragraph (1).''.
(c) Elimination of Child Care Programs Under the Social
Security Act.--
(1) AFDC and transitional child care programs.--Section 402
(42 U.S.C. 602) is amended by striking subsection (g).
(2) At-risk child care program.--
(A) Authorization.--Section 402 (42 U.S.C. 602) is amended
by striking subsection (i).
(B) Funding provisions.--Section 403 (42 U.S.C. 603) is
amended by striking subsection (n).
SEC. 104. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR
PRIVATE ORGANIZATIONS.
(a) In General.--
(1) State options.--A State may--
(A) administer and provide services under the programs
described in subparagraphs (A) and (B)(i) of paragraph (2)
through contracts with charitable, religious, or private
organizations; and
(B) provide beneficiaries of assistance under the programs
described in subparagraphs (A) and (B)(ii) of paragraph (2)
with certificates, vouchers, or other forms of disbursement
which are redeemable with such organizations.
(2) Programs described.--The programs described in this
paragraph are the following programs:
(A) A State program funded under part A of title IV of the
Social Security Act (as amended by section 103(a) of this
Act).
(B) Any other program established or modified under title I
or II of this Act, that--
(i) permits contracts with organizations; or
(ii) permits certificates, vouchers, or other forms of
disbursement to be provided to beneficiaries, as a means of
providing assistance.
(b) Religious Organizations.--The purpose of this section
is to allow States to contract with religious organizations,
or to allow religious organizations to accept certificates,
vouchers, or other forms of disbursement under any program
described in subsection (a)(2), on the same basis as any
other nongovernmental provider without impairing the
religious character of such organizations, and without
diminishing the religious freedom of beneficiaries of
assistance funded under such program.
(c) Nondiscrimination Against Religious Organizations.--In
the event a State exercises its authority under subsection
(a), religious organizations are eligible, on the same basis
as any other private organization, as contractors to provide
assistance, or to accept certificates, vouchers, or other
forms of disbursement, under any program described in
subsection (a)(2) so long as the programs are implemented
consistent with the Establishment Clause of the United States
Constitution. Except as provided in subsection (k), neither
the Federal Government nor a State receiving funds under such
programs shall discriminate against an organization which is
or applies to be a contractor to provide assistance, or which
accepts certificates, vouchers, or other forms of
disbursement, on the basis that the organization has a
religious character.
(d) Religious Character and Freedom.--
(1) Religious organizations.--A religious organization with
a contract described in subsection (a)(1)(A), or which
accepts certificates, vouchers, or other forms of
disbursement under subsection (a)(1)(B), shall retain its
independence from Federal, State, and local governments,
including such organization's control over the definition,
development, practice, and expression of its religious
beliefs.
(2) Additional safeguards.--Neither the Federal Government
nor a State shall require a religious organization to--
(A) alter its form of internal governance; or
(B) remove religious art, icons, scripture, or other
symbols;
in order to be eligible to contract to provide assistance, or
to accept certificates, vouchers, or other forms of
disbursement, funded under a program described in subsection
(a)(2).
(e) Rights of Beneficiaries of Assistance.--
(1) In general.--If an individual described in paragraph
(2) has an objection to the religious character of the
organization or institution from which the individual
receives, or would receive, assistance funded under any
program described in subsection (a)(2), the State in which
the individual resides shall provide such individual (if
otherwise eligible for such assistance) within a reasonable
period of time after the date of such objection with
assistance from an alternative provider that is accessible to
the individual and the value of which is not less than the
value of the assistance which the individual would have
received from such organization.
(2) Individual described.--An individual described in this
paragraph is an individual who receives, applies for, or
requests to apply for, assistance under a program described
in subsection (a)(2).
(f) Employment Practices.--A religious organization's
exemption provided under section 702 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-1a) regarding employment practices
shall not be affected by its participation in, or receipt of
funds from, programs described in subsection (a)(2).
(g) Nondiscrimination Against Beneficiaries.--Except as
otherwise provided in law, a religious organization shall not
discriminate against an individual in regard to rendering
assistance funded under any program described in subsection
(a)(2) on the basis of religion, a religious belief, or
refusal to actively participate in a religious practice.
(h) Fiscal Accountability.--
(1) In general.--Except as provided in paragraph (2), any
religious organization contracting to provide assistance
funded under any program described in subsection (a)(2) shall
be subject to the same regulations as other contractors to
account in accord with generally accepted auditing principles
for the use of such funds provided under such programs.
(2) Limited audit.--If such organization segregates Federal
funds provided under such programs into separate accounts,
then only the financial assistance provided with such funds
shall be subject to audit.
(i) Compliance.--Any party which seeks to enforce its
rights under this section may assert a civil action for
injunctive relief exclusively in an appropriate State court
against the entity or agency that allegedly commits such
violation.
(j) Limitations on Use of Funds for Certain Purposes.--No
funds provided directly to institutions or organizations to
provide services and administer programs under subsection
(a)(1)(A) shall be expended for sectarian worship,
instruction, or proselytization.
[[Page 1787]]
(k) Preemption.--Nothing in this section shall be construed
to preempt any provision of a State constitution or State
statute that prohibits or restricts the expenditure of State
funds in or by religious organizations.
SEC. 105. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS
FOR THEIR GRANDCHILDREN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Commerce, in
carrying out section 141 of title 13, United States Code,
shall expand the data collection efforts of the Bureau of the
Census (in this section referred to as the ``Bureau'') to
enable the Bureau to collect statistically significant data,
in connection with its decennial census and its mid-decade
census, concerning the growing trend of grandparents who are
the primary caregivers for their grandchildren.
(b) Expanded Census Question.--In carrying out subsection
(a), the Secretary of Commerce shall expand the Bureau's
census question that details households which include both
grandparents and their grandchildren. The expanded question
shall be formulated to distinguish between the following
households:
(1) A household in which a grandparent temporarily provides
a home for a grandchild for a period of weeks or months
during periods of parental distress.
(2) A household in which a grandparent provides a home for
a grandchild and serves as the primary caregiver for the
grandchild.
SEC. 106. REPORT ON DATA PROCESSING.
(a) In General.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Congress a report
on--
(1) the status of the automated data processing systems
operated by the States to assist management in the
administration of State programs under part A of title IV of
the Social Security Act (whether in effect before or after
October 1, 1995); and
(2) what would be required to establish a system capable
of--
(A) tracking participants in public programs over time; and
(B) checking case records of the States to determine
whether individuals are participating in public programs of 2
or more States.
(b) Preferred Contents.--The report required by subsection
(a) should include--
(1) a plan for building on the automated data processing
systems of the States to establish a system with the
capabilities described in subsection (a)(2); and
(2) an estimate of the amount of time required to establish
such a system and of the cost of establishing such a system.
SEC. 107. STUDY ON ALTERNATIVE OUTCOMES MEASURES.
(a) Study.--The Secretary shall, in cooperation with the
States, study and analyze outcomes measures for evaluating
the success of the States in moving individuals out of the
welfare system through employment as an alternative to the
minimum participation rates described in section 407 of the
Social Security Act. The study shall include a determination
as to whether such alternative outcomes measures should be
applied on a national or a State-by-State basis and a
preliminary assessment of the effects of section 409(a)(7)(C)
of such Act.
(b) Report.--Not later than September 30, 1998, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives a report containing the findings of the study
required by subsection (a).
SEC. 108. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Amendments to Title II.--
(1) Section 205(c)(2)(C)(vi) (42 U.S.C. 405(c)(2)(C)(vi)),
as so redesignated by section 321(a)(9)(B) of the Social
Security Independence and Program Improvements Act of 1994,
is amended--
(A) by inserting ``an agency administering a program funded
under part A of title IV or'' before ``an agency operating'';
and
(B) by striking ``A or D of title IV of this Act'' and
inserting ``D of such title''.
(2) Section 228(d)(1) (42 U.S.C. 428(d)(1)) is amended by
inserting ``under a State program funded under'' before
``part A of title IV''.
(b) Amendments to Part B of Title IV.--Section 422(b)(2)
(42 U.S.C. 622(b)(2)) is amended--
(1) by striking ``plan approved under part A of this
title'' and inserting ``program funded under part A''; and
(2) by striking ``part E of this title'' and inserting
``under the State plan approved under part E''.
(c) Amendments to Part D of Title IV.--
(1) Section 451 (42 U.S.C. 651) is amended by striking
``aid'' and inserting ``assistance under a State program
funded''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) by striking ``aid to families with dependent children''
and inserting ``assistance under a State program funded under
part A'';
(B) by striking ``such aid'' and inserting ``such
assistance''; and
(C) by striking ``under section 402(a)(26) or'' and
inserting ``pursuant to section 408(a)(3) or under section''.
(3) Section 452(a)(10)(F) (42 U.S.C. 652(a)(10)(F)) is
amended--
(A) by striking ``aid under a State plan approved'' and
inserting ``assistance under a State program funded''; and
(B) by striking ``in accordance with the standards referred
to in section 402(a)(26)(B)(ii)'' and inserting ``by the
State''.
(4) Section 452(b) (42 U.S.C. 652(b)) is amended in the
first sentence by striking ``aid under the State plan
approved under part A'' and inserting ``assistance under the
State program funded under part A''.
(5) Section 452(d)(3)(B)(i) (42 U.S.C. 652(d)(3)(B)(i)) is
amended by striking ``1115(c)'' and inserting ``1115(b)''.
(6) Section 452(g)(2)(A)(ii)(I) (42 U.S.C.
652(g)(2)(A)(ii)(I)) is amended by striking ``aid is being
paid under the State's plan approved under part A or E'' and
inserting ``assistance is being provided under the State
program funded under part A''.
(7) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended in the matter following clause (iii) by striking
``aid was being paid under the State's plan approved under
part A or E'' and inserting ``assistance was being provided
under the State program funded under part A''.
(8) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended in
the matter following subparagraph (B)--
(A) by striking ``who is a dependent child'' and inserting
``with respect to whom assistance is being provided under the
State program funded under part A'';
(B) by inserting ``by the State'' after ``found''; and
(C) by striking ``to have good cause for refusing to
cooperate under section 402(a)(26)'' and inserting ``to
qualify for a good cause or other exception to cooperation
pursuant to section 454(29)''.
(9) Section 452(h) (42 U.S.C. 652(h)) is amended by
striking ``under section 402(a)(26)'' and inserting
``pursuant to section 408(a)(3)''.
(10) Section 453(c)(3) (42 U.S.C. 653(c)(3)) is amended by
striking ``aid under part A of this title'' and inserting
``assistance under a State program funded under part A''.
(11) Section 454(5)(A) (42 U.S.C. 654(5)(A))) is amended--
(A) by striking ``under section 402(a)(26)'' and inserting
``pursuant to section 408(a)(3)''; and
(B) by striking ``; except that this paragraph shall not
apply to such payments for any month following the first
month in which the amount collected is sufficient to make
such family ineligible for assistance under the State plan
approved under part A;'' and inserting a comma.
(12) Section 454(6)(D) (42 U.S.C. 654(6)(D)) is amended by
striking ``aid under a State plan approved'' and inserting
``assistance under a State program funded''.
(13) Section 456(a)(1) (42 U.S.C. 656(a)(1)) is amended by
striking ``under section 402(a)(26)''.
(14) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``402(a)(26)'' and inserting
``408(a)(3)''.
(15) Section 466(b)(2) (42 U.S.C. 666(b)(2)) is amended by
striking ``aid'' and inserting ``assistance under a State
program funded''.
(16) Section 469(a) (42 U.S.C. 669(a)) is amended--
(A) by striking ``aid under plans approved'' and inserting
``assistance under State programs funded''; and
(B) by striking ``such aid'' and inserting ``such
assistance''.
(d) Amendments to Part E of Title IV.--
(1) Section 470 (42 U.S.C. 670) is amended--
(A) by striking ``would be'' and inserting ``would have
been''; and
(B) by inserting ``(as such plan was in effect on June 1,
1995)'' after ``part A''.
(2) Section 471(a)(17) (42 U.S.C. 671(a)(17)) is amended by
striking ``plans approved under parts A and D'' and inserting
``program funded under part A and plan approved under part
D''.
(3) Section 472(a) (42 U.S.C. 672(a)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``would meet'' and inserting ``would have
met'';
(ii) by inserting ``(as such sections were in effect on
June 1, 1995)'' after ``407''; and
(iii) by inserting ``(as so in effect)'' after ``406(a)'';
and
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by inserting ``would have'' after ``(A)''; and
(II) by inserting ``(as in effect on June 1, 1995)'' after
``section 402''; and
(ii) in subparagraph (B)(ii), by inserting ``(as in effect
on June 1, 1995)'' after ``406(a)''.
(4) Section 472(h) (42 U.S.C. 672(h)) is amended to read as
follows:
``(h)(1) For purposes of title XIX, any child with respect
to whom foster care maintenance payments are made under this
section is deemed to be a dependent child as defined in
section 406 (as in effect as of June 1, 1995) and deemed to
be a recipient of aid to families with dependent children
under part A of this title (as so in effect). For purposes of
title XX, any child with respect to whom foster care
maintenance payments are made under this section is deemed to
be a minor child in a needy family under a State program
funded under part A of this title and is deemed to be a
recipient of assistance under such part.
``(2) For purposes of paragraph (1), a child whose costs in
a foster family home or child care institution are covered by
the foster care maintenance payments being made with respect
to the child's minor parent, as provided in section
475(4)(B), shall be considered a child with respect to whom
foster care maintenance payments are made under this
section.''.
(5) Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended--
(A) in subparagraph (A)(i)--
(i) by inserting ``(as such sections were in effect on June
1, 1995)'' after ``407'';
(ii) by inserting ``(as so in effect)'' after ``specified
in section 406(a)''; and
(iii) by inserting ``(as such section was in effect on June
1, 1995)'' after ``403'';
(B) in subparagraph (B)(i)--
(i) by inserting ``would have'' after ``(B)(i)''; and
[[Page 1788]]
(ii) by inserting ``(as in effect on June 1, 1995)'' after
``section 402''; and
(C) in subparagraph (B)(ii)(II), by inserting ``(as in
effect on June 1, 1995)'' after ``406(a)''.
(6) Section 473(b) (42 U.S.C. 673(b)) is amended to read as
follows:
``(b)(1) For purposes of title XIX, any child who is
described in paragraph (3) is deemed to be a dependent child
as defined in section 406 (as in effect as of June 1, 1995)
and deemed to be a recipient of aid to families with
dependent children under part A of this title (as so in
effect) in the State where such child resides.
``(2) For purposes of title XX, any child who is described
in paragraph (3) is deemed to be a minor child in a needy
family under a State program funded under part A of this
title and deemed to be a recipient of assistance under such
part.
``(3) A child described in this paragraph is any child--
``(A)(i) who is a child described in subsection (a)(2), and
``(ii) with respect to whom an adoption assistance
agreement is in effect under this section (whether or nor
adoption assistance payments are provided under the agreement
or are being made under this section), including any such
child who has been placed for adoption in accordance with
applicable State and local law (whether or not an
interlocutory or other judicial decree of adoption has been
issued), or
``(B) with respect to whom foster care maintenance payments
are being made under section 472.
``(4) For purposes of paragraphs (1) and (2), a child whose
costs in a foster family home or child-care institution are
covered by the foster care maintenance payments being made
with respect to the child's minor parent, as provided in
section 475(4)(B), shall be considered a child with respect
to whom foster care maintenance payments are being made under
section 472.''.
(e) Repeal of Part F of Title IV.--Part F of title IV (42
U.S.C. 681-687) is repealed.
(f) Amendment to Title X.--Section 1002(a)(7) (42 U.S.C.
1202(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under
section 402 of this Act'' and inserting ``assistance under a
State program funded under part A of title IV''.
(g) Amendments to Title XI.--
(1) Section 1109 (42 U.S.C. 1309) is amended by striking
``or part A of title IV,''.
(2) Section 1115 (42 U.S.C. 1315) is amended--
(A) in subsection (a)(2)--
(i) by inserting ``(A)'' after ``(2)'';
(ii) by striking ``403,'';
(iii) by striking the period at the end and inserting ``,
and''; and
(iv) by adding at the end the following new subparagraph:
``(B) costs of such project which would not otherwise be a
permissible use of funds under part A of title IV and which
are not included as part of the costs of projects under
section 1110, shall to the extent and for the period
prescribed by the Secretary, be regarded as a permissible use
of funds under such part.'';
(B) in subsection (c)(3), by striking ``the program of aid
to families with dependent children'' and inserting ``part A
of such title''; and
(C) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c),
respectively.
(3) Section 1116 (42 U.S.C. 1316) is amended--
(A) in each of subsections (a)(1), (b), and (d), by
striking ``or part A of title IV,''; and
(B) in subsection (a)(3), by striking ``404,''.
(4) Section 1118 (42 U.S.C. 1318) is amended--
(A) by striking ``403(a),'';
(B) by striking ``and part A of title IV,''; and
(C) by striking ``, and shall, in the case of American
Samoa, mean 75 per centum with respect to part A of title
IV''.
(5) Section 1119 (42 U.S.C. 1319) is amended--
(A) by striking ``or part A of title IV''; and
(B) by striking ``403(a),''.
(6) Section 1133(a) (42 U.S.C. 1320b-3(a)) is amended by
striking ``or part A of title IV,''.
(7) Section 1136 (42 U.S.C. 1320b-6) is repealed.
(8) Section 1137 (42 U.S.C. 1320b-7) is amended--
(A) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) any State program funded under part A of title IV of
this Act;''; and
(B) in subsection (d)(1)(B)--
(i) by striking ``In this subsection--'' and all that
follows through ``(ii) in'' and inserting ``In this
subsection, in'';
(ii) by redesignating subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii); and
(iii) by moving such redesignated material 2 ems to the
left.
(h) Amendment to Title XIV.--Section 1402(a)(7) (42 U.S.C.
1352(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under
section 402 of this Act'' and inserting ``assistance under a
State program funded under part A of title IV''.
(i) Amendment to Title XVI as in Effect With Respect to the
Territories.--Section 1602(a)(11), as in effect without
regard to the amendment made by section 301 of the Social
Security Amendments of 1972 (42 U.S.C. 1382 note), is amended
by striking ``aid under the State plan approved'' and
inserting ``assistance under a State program funded''.
(j) Amendment to Title XVI as in Effect With Respect to the
States.--Section 1611(c)(5)(A) (42 U.S.C. 1382(c)(5)(A)) is
amended to read as follows: ``(A) a State program funded
under part A of title IV,''.
(k) Amendment to Title XIX.--Section 1902(j) (42 U.S.C.
1396a(j)) is amended by striking ``1108(c)'' and inserting
``1108(f)''.
SEC. 109. CONFORMING AMENDMENTS TO THE FOOD STAMP ACT OF 1977
AND RELATED PROVISIONS.
(a) Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014)
is amended--
(1) in the second sentence of subsection (a), by striking
``plan approved'' and all that follows through ``title IV of
the Social Security Act'' and inserting ``program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)'';
(2) in subsection (d)--
(A) in paragraph (5), by striking ``assistance to families
with dependent children'' and inserting ``assistance under a
State program funded''; and
(B) by striking paragraph (13) and redesignating paragraphs
(14), (15), and (16) as paragraphs (13), (14), and (15),
respectively;
(3) in subsection (j), by striking ``plan approved under
part A of title IV of such Act (42 U.S.C. 601 et seq.)'' and
inserting ``program funded under part A of title IV of the
Act (42 U.S.C. 601 et seq.)''; and
(4) by striking subsection (m).
(b) Section 6 of such Act (7 U.S.C. 2015) is amended--
(1) in subsection (c)(5), by striking ``the State plan
approved'' and inserting ``the State program funded''; and
(2) in subsection (e)(6), by striking ``aid to families
with dependent children'' and inserting ``benefits under a
State program funded''.
(c) Section 16(g)(4) of such Act (7 U.S.C. 2025(g)(4)) is
amended by striking ``State plans under the Aid to Families
with Dependent Children Program under'' and inserting ``State
programs funded under part A of''.
(d) Section 17 of such Act (7 U.S.C. 2026) is amended--
(1) in the first sentence of subsection (b)(1)(A), by
striking ``to aid to families with dependent children under
part A of title IV of the Social Security Act'' and inserting
``or are receiving assistance under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.)''; and
(2) in subsection (b)(3), by adding at the end the
following new subparagraph:
``(I) The Secretary may not grant a waiver under this
paragraph on or after the date of enactment of this
subparagraph. Any reference in this paragraph to a provision
of title IV of the Social Security Act shall be deemed to be
a reference to such provision as in effect on the day before
such date.'';
(e) Section 20 of such Act (7 U.S.C. 2029) is amended--
(1) in subsection (a)(2)(B) by striking ``operating--'' and
all that follows through ``(ii) any other'' and inserting
``operating any''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(b)(1) A household'' and inserting ``(b)
A household''; and
(ii) in subparagraph (B), by striking ``training program''
and inserting ``activity'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively.
(f) Section 5(h)(1) of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93-186; 7 U.S.C. 612c
note) is amended by striking ``the program for aid to
families with dependent children'' and inserting ``the State
program funded''.
(g) Section 9 of the National School Lunch Act (42 U.S.C.
1758) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(C)(ii)(II)--
(i) by striking ``program for aid to families with
dependent children'' and inserting ``State program funded'';
and
(ii) by inserting before the period at the end the
following: ``that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(ii)--
(I) by striking ``an AFDC assistance unit (under the aid to
families with dependent children program authorized'' and
inserting ``a family (under the State program funded''; and
(II) by striking ``, in a State'' and all that follows
through ``9902(2)))'' and inserting ``that the Secretary
determines complies with standards established by the
Secretary that ensure that the standards under the State
program are comparable to or more restrictive than those in
effect on June 1, 1995''; and
(ii) in subparagraph (B), by striking ``aid to families
with dependent children'' and inserting ``assistance under
the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) that the
Secretary determines complies with standards established by
the Secretary that ensure that the standards under the State
program are comparable to or more restrictive than those in
effect on June 1, 1995''; and
(2) in subsection (d)(2)(C)--
(A) by striking ``program for aid to families with
dependent children'' and inserting ``State program funded'';
and
(B) by inserting before the period at the end the
following: ``that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995''.
(h) Section 17(d)(2)(A)(ii)(II) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(2)(A)(ii)(II)) is amended--
(1) by striking ``program for aid to families with
dependent children established'' and inserting ``State
program funded''; and
(2) by inserting before the semicolon the following: ``that
the Secretary determines complies with standards established
by the Secretary that ensure that the standards under the
State program are comparable to or more restrictive than
those in effect on June 1, 1995''.
SEC. 110. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Subsection (b) of section 508 of the Unemployment
Compensation Amendments of 1976 (42 U.S.C. 603a; Public Law
94-566; 90 Stat. 2689) is amended to read as follows:
``(b) Provision for Reimbursement of Expenses.--For
purposes of section 455 of the
[[Page 1789]]
Social Security Act, expenses incurred to reimburse State
employment offices for furnishing information requested of
such offices--
``(1) pursuant to the third sentence of section 3(a) of the
Act entitled `An Act to provide for the establishment of a
national employment system and for cooperation with the
States in the promotion of such system, and for other
purposes', approved June 6, 1933 (29 U.S.C. 49b(a)), or
``(2) by a State or local agency charged with the duty of
carrying a State plan for child support approved under part D
of title IV of the Social Security Act,
shall be considered to constitute expenses incurred in the
administration of such State plan.''.
(b) Section 9121 of the Omnibus Budget Reconciliation Act
of 1987 (42 U.S.C. 602 note) is repealed.
(c) Section 9122 of the Omnibus Budget Reconciliation Act
of 1987 (42 U.S.C. 602 note) is repealed.
(d) Section 221 of the Housing and Urban-Rural Recovery Act
of 1983 (42 U.S.C. 602 note), relating to treatment under
AFDC of certain rental payments for federally assisted
housing, is repealed.
(e) Section 159 of the Tax Equity and Fiscal Responsibility
Act of 1982 (42 U.S.C. 602 note) is repealed.
(f) Section 202(d) of the Social Security Amendments of
1967 (81 Stat. 882; 42 U.S.C. 602 note) is repealed.
(g) Section 903 of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 11381 note),
relating to demonstration projects to reduce number of AFDC
families in welfare hotels, is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved'' and
inserting ``assistance under a State program funded''; and
(2) in subsection (c), by striking ``aid to families with
dependent children in the State under a State plan approved''
and inserting ``assistance in the State under a State program
funded''.
(h) The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended--
(1) in section 404C(c)(3) (20 U.S.C. 1070a-23(c)(3)), by
striking ``(Aid to Families with Dependent Children)''; and
(2) in section 480(b)(2) (20 U.S.C. 1087vv(b)(2)), by
striking ``aid to families with dependent children under a
State plan approved'' and inserting ``assistance under a
State program funded''.
(i) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.) is amended--
(1) in section 231(d)(3)(A)(ii) (20 U.S.C.
2341(d)(3)(A)(ii)), by striking ``The program for aid to
dependent children'' and inserting ``The State program
funded'';
(2) in section 232(b)(2)(B) (20 U.S.C. 2341a(b)(2)(B)), by
striking ``the program for aid to families with dependent
children'' and inserting ``the State program funded''; and
(3) in section 521(14)(B)(iii) (20 U.S.C.
2471(14)(B)(iii)), by striking ``the program for aid to
families with dependent children'' and inserting ``the State
program funded''.
(j) The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended--
(1) in section 1113(a)(5) (20 U.S.C. 6313(a)(5)), by
striking ``Aid to Families with Dependent Children program''
and inserting ``State program funded under part A of title IV
of the Social Security Act'';
(2) in section 1124(c)(5) (20 U.S.C. 6333(c)(5)), by
striking ``the program of aid to families with dependent
children under a State plan approved under'' and inserting
``a State program funded under part A of''; and
(3) in section 5203(b)(2) (20 U.S.C. 7233(b)(2))--
(A) in subparagraph (A)(xi), by striking ``Aid to Families
with Dependent Children benefits'' and inserting ``assistance
under a State program funded under part A of title IV of the
Social Security Act''; and
(B) in subparagraph (B)(viii), by striking ``Aid to
Families with Dependent Children'' and inserting ``assistance
under the State program funded under part A of title IV of
the Social Security Act''.
(k) The 4th proviso of chapter VII of title I of Public Law
99-88 (25 U.S.C. 13d-1) is amended to read as follows:
``Provided further, That general assistance payments made by
the Bureau of Indian Affairs shall be made--
``(1) after April 29, 1985, and before October 1, 1995, on
the basis of Aid to Families with Dependent Children (AFDC)
standards of need; and
``(2) on and after October 1, 1995, on the basis of
standards of need established under the State program funded
under part A of title IV of the Social Security Act,
except that where a State ratably reduces its AFDC or State
program payments, the Bureau shall reduce general assistance
payments in such State by the same percentage as the State
has reduced the AFDC or State program payment.''.
(l) The Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)
is amended--
(1) in section 51(d)(9) (26 U.S.C. 51(d)(9)), by striking
all that follows ``agency as'' and inserting ``being eligible
for financial assistance under part A of title IV of the
Social Security Act and as having continually received such
financial assistance during the 90-day period which
immediately precedes the date on which such individual is
hired by the employer.'';
(2) in section 3304(a)(16) (26 U.S.C. 3304(a)(16)), by
striking ``eligibility for aid or services,'' and all that
follows through ``children approved'' and inserting
``eligibility for assistance, or the amount of such
assistance, under a State program funded'';
(3) in section 6103(l)(7)(D)(i) (26 U.S.C.
6103(l)(7)(D)(i)), by striking ``aid to families with
dependent children provided under a State plan approved'' and
inserting ``a State program funded'';
(4) in section 6103(l)(10) (26 U.S.C. 6103(l)(10))--
(A) by striking ``(c) or (d)'' each place it appears and
inserting ``(c), (d), or (e)''; and
(B) by adding at the end of subparagraph (B) the following
new sentence: ``Any return information disclosed with respect
to section 6402(e) shall only be disclosed to officers and
employees of the State agency requesting such information.'';
(5) in section 6103(p)(4) (26 U.S.C. 6103(p)(4)), in the
matter preceding subparagraph (A)--
(A) by striking ``(5), (10)'' and inserting ``(5)''; and
(B) by striking ``(9), or (12)'' and inserting ``(9), (10),
or (12)'';
(6) in section 6334(a)(11)(A) (26 U.S.C. 6334(a)(11)(A)),
by striking ``(relating to aid to families with dependent
children)'';
(7) in section 6402 (26 U.S.C. 6402)--
(A) in subsection (a), by striking ``(c) and (d)'' and
inserting ``(c), (d), and (e)'';
(B) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(C) by inserting after subsection (d) the following:
``(e) Collection of Overpayments Under Title IV-A of the
Social Security Act.--The amount of any overpayment to be
refunded to the person making the overpayment shall be
reduced (after reductions pursuant to subsections (c) and
(d), but before a credit against future liability for an
internal revenue tax) in accordance with section 405(e) of
the Social Security Act (concerning recovery of overpayments
to individuals under State plans approved under part A of
title IV of such Act).''; and
(8) in section 7523(b)(3)(C) (26 U.S.C. 7523(b)(3)(C)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under a State program funded under
part A of title IV of the Social Security Act''.
(m) Section 3(b) of the Wagner-Peyser Act (29 U.S.C.
49b(b)) is amended by striking ``State plan approved under
part A of title IV'' and inserting ``State program funded
under part A of title IV''.
(n) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.) is amended--
(1) in section 4(29)(A)(i) (29 U.S.C. 1503(29)(A)(i)), by
striking ``(42 U.S.C. 601 et seq.)'';
(2) in section 106(b)(6)(C) (29 U.S.C. 1516(b)(6)(C)), by
striking ``State aid to families with dependent children
records,'' and inserting ``records collected under the State
program funded under part A of title IV of the Social
Security Act,'';
(3) in section 121(b)(2) (29 U.S.C. 1531(b)(2))--
(A) by striking ``the JOBS program'' and inserting ``the
work activities required under title IV of the Social
Security Act''; and
(B) by striking the second sentence;
(4) in section 123(c) (29 U.S.C. 1533(c))--
(A) in paragraph (1)(E), by repealing clause (vi); and
(B) in paragraph (2)(D), by repealing clause (v);
(5) in section 203(b)(3) (29 U.S.C. 1603(b)(3)), by
striking ``, including recipients under the JOBS program'';
(6) in subparagraphs (A) and (B) of section 204(a)(1) (29
U.S.C. 1604(a)(1) (A) and (B)), by striking ``(such as the
JOBS program)'' each place it appears;
(7) in section 205(a) (29 U.S.C. 1605(a)), by striking
paragraph (4) and inserting the following:
``(4) the portions of title IV of the Social Security Act
relating to work activities;'';
(8) in section 253 (29 U.S.C. 1632)--
(A) in subsection (b)(2), by repealing subparagraph (C);
and
(B) in paragraphs (1)(B) and (2)(B) of subsection (c), by
striking ``the JOBS program or'' each place it appears;
(9) in section 264 (29 U.S.C. 1644)--
(A) in subparagraphs (A) and (B) of subsection (b)(1), by
striking ``(such as the JOBS program)'' each place it
appears; and
(B) in subparagraphs (A) and (B) of subsection (d)(3), by
striking ``and the JOBS program'' each place it appears;
(10) in section 265(b) (29 U.S.C. 1645(b)), by striking
paragraph (6) and inserting the following:
``(6) the portion of title IV of the Social Security Act
relating to work activities;'';
(11) in the second sentence of section 429(e) (29 U.S.C.
1699(e)), by striking ``and shall be in an amount that does
not exceed the maximum amount that may be provided by the
State pursuant to section 402(g)(1)(C) of the Social Security
Act (42 U.S.C. 602(g)(1)(C))'';
(12) in section 454(c) (29 U.S.C. 1734(c)), by striking
``JOBS and'';
(13) in section 455(b) (29 U.S.C. 1735(b)), by striking
``the JOBS program,'';
(14) in section 501(1) (29 U.S.C. 1791(1)), by striking
``aid to families with dependent children under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.)''
and inserting ``assistance under the State program funded
under part A of title IV of the Social Security Act'';
(15) in section 506(1)(A) (29 U.S.C. 1791e(1)(A)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under the State program funded'';
[[Page 1790]]
(16) in section 508(a)(2)(A) (29 U.S.C. 1791g(a)(2)(A)), by
striking ``aid to families with dependent children'' and
inserting ``assistance under the State program funded''; and
(17) in section 701(b)(2)(A) (29 U.S.C. 1792(b)(2)(A))--
(A) in clause (v), by striking the semicolon and inserting
``; and''; and
(B) by striking clause (vi).
(o) Section 3803(c)(2)(C)(iv) of title 31, United States
Code, is amended to read as follows:
``(iv) assistance under a State program funded under part A
of title IV of the Social Security Act;''.
(p) Section 2605(b)(2)(A)(i) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)(i)) is
amended to read as follows:
``(i) assistance under the State program funded under part
A of title IV of the Social Security Act;''.
(q) Section 303(f)(2) of the Family Support Act of 1988 (42
U.S.C. 602 note) is amended--
(1) by striking ``(A)''; and
(2) by striking subparagraphs (B) and (C).
(r) The Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.) is amended--
(1) in the first section 255(h) (2 U.S.C. 905(h)), by
striking ``Aid to families with dependent children (75-0412-
0-1-609);'' and inserting ``Block grants to States for
temporary assistance for needy families;''; and
(2) in section 256 (2 U.S.C. 906)--
(A) by striking subsection (k); and
(B) by redesignating subsection (l) as subsection (k).
(s) The Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended--
(1) in section 210(f) (8 U.S.C. 1160(f)), by striking ``aid
under a State plan approved under'' each place it appears and
inserting ``assistance under a State program funded under'';
(2) in section 245A(h) (8 U.S.C. 1255a(h))--
(A) in paragraph (1)(A)(i), by striking ``program of aid to
families with dependent children'' and inserting ``State
program of assistance''; and
(B) in paragraph (2)(B), by striking ``aid to families with
dependent children'' and inserting ``assistance under a State
program funded under part A of title IV of the Social
Security Act''; and
(3) in section 412(e)(4) (8 U.S.C. 1522(e)(4)), by striking
``State plan approved'' and inserting ``State program
funded''.
(t) Section 640(a)(4)(B)(i) of the Head Start Act (42
U.S.C. 9835(a)(4)(B)(i)) is amended by striking ``program of
aid to families with dependent children under a State plan
approved'' and inserting ``State program of assistance
funded''.
(u) Section 9 of the Act of April 19, 1950 (64 Stat. 47,
chapter 92; 25 U.S.C. 639) is repealed.
(v) Subparagraph (E) of section 213(d)(6) of the School-To-
Work Opportunities Act of 1994 (20 U.S.C. 6143(d)(6)) is
amended to read as follows:
``(E) part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) relating to work activities;''.
(w) Section 552a(a)(8)(B)(iv)(III) of title 5, United
States Code, is amended by striking ``section 464 or 1137 of
the Social Security Act'' and inserting ``section 404(e),
464, or 1137 of the Social Security Act''.
SEC. 111. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD REQUIRED.
(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance with this section, develop a prototype of a
counterfeit-resistant social security card. Such prototype
card shall--
(A) be made of a durable, tamper-resistant material such as
plastic or polyester,
(B) employ technologies that provide security features,
such as magnetic stripes, holograms, and integrated circuits,
and
(C) be developed so as to provide individuals with reliable
proof of citizenship or legal resident alien status.
(2) Assistance by attorney general.--The Attorney General
of the United States shall provide such information and
assistance as the Commissioner deems necessary to enable the
Commissioner to comply with this section.
(b) Study and Report.--
(1) In general.--The Commissioner shall conduct a study and
issue a report to Congress which examines different methods
of improving the social security card application process.
(2) Elements of study.--The study shall include an
evaluation of the cost and work load implications of issuing
a counterfeit-resistant social security card for all
individuals over a 3-, 5-, and 10-year period. The study
shall also evaluate the feasibility and cost implications of
imposing a user fee for replacement cards and cards issued to
individuals who apply for such a card prior to the scheduled
3-, 5-, and 10-year phase-in options.
(3) Distribution of report.--The Commissioner shall submit
copies of the report described in this subsection along with
a facsimile of the prototype card as described in subsection
(a) to the Committees on Ways and Means and Judiciary of the
House of Representatives and the Committees on Finance and
Judiciary of the Senate within 1 year after the date of the
enactment of this Act.
SEC. 112. MODIFICATIONS TO THE JOB OPPORTUNITIES FOR CERTAIN
LOW-INCOME INDIVIDUALS PROGRAM.
Section 505 of the Family Support Act of 1988 (42 U.S.C.
1315 note) is amended--
(1) in the heading, by striking ``demonstration'';
(2) by striking ``demonstration'' each place such term
appears;
(3) in subsection (a), by striking ``in each of fiscal
years'' and all that follows through ``10'' and inserting
``shall enter into agreements with'';
(4) in subsection (b)(3), by striking ``aid to families
with dependent children under part A of title IV of the
Social Security Act'' and inserting ``assistance under the
program funded part A of title IV of the Social Security Act
of the State in which the individual resides'';
(5) in subsection (c)--
(A) in paragraph (1)(C), by striking ``aid to families with
dependent children under title IV of the Social Security
Act'' and inserting ``assistance under a State program funded
part A of title IV of the Social Security Act'';
(B) in paragraph (2), by striking ``aid to families with
dependent children under title IV of such Act'' and inserting
``assistance under a State program funded part A of title IV
of the Social Security Act'';
(6) in subsection (d), by striking ``job opportunities and
basic skills training program (as provided for under title IV
of the Social Security Act)'' and inserting ``the State
program funded under part A of title IV of the Social
Security Act''; and
(7) by striking subsections (e) through (g) and inserting
the following:
``(e) Authorization of Appropriations.--For the purpose of
conducting projects under this section, there is authorized
to be appropriated an amount not to exceed $25,000,000 for
any fiscal year.''.
SEC. 113. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR
TECHNICAL AND CONFORMING AMENDMENTS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Health and Human Services and the
Commissioner of Social Security, in consultation, as
appropriate, with the heads of other Federal agencies, shall
submit to the appropriate committees of Congress a
legislative proposal proposing such technical and conforming
amendments as are necessary to bring the law into conformity
with the policy embodied in this title.
SEC. 114. ASSURING MEDICAID COVERAGE FOR LOW-INCOME FAMILIES.
(a) In General.--Title XIX is amended--
(1) by redesignating section 1931 as section 1932; and
(2) by inserting after section 1930 the following new
section:
``assuring coverage for certain low-income families
``Sec. 1931. (a) References to Title IV-A are References to
Pre-Welfare-Reform Provisions.--Subject to the succeeding
provisions of this section, with respect to a State any
reference in this title (or any other provision of law in
relation to the operation of this title) to a provision of
part A of title IV, or a State plan under such part (or a
provision of such a plan), including income and resource
standards and income and resource methodologies under such
part or plan, shall be considered a reference to such a
provision or plan as in effect as of July 16, 1996, with
respect to the State.
``(b) Application of Pre-Welfare-Reform Eligibility
Criteria.--
``(1) In general.--For purposes of this title, subject to
paragraphs (2) and (3), in determining eligibility for
medical assistance--
``(A) an individual shall be treated as receiving aid or
assistance under a State plan approved under part A of title
IV only if the individual meets--
``(i) the income and resource standards for determining
eligibility under such plan, and
``(ii) the eligibility requirements of such plan under
subsections (a) through (c) of section 406 and section
407(a),
as in effect as of July 16, 1996; and
``(B) the income and resource methodologies under such plan
as of such date shall be used in the determination of whether
any individual meets income and resource standards under such
plan.
``(2) State option.--For purposes of applying this section,
a State--
``(A) may lower its income standards applicable with
respect to part A of title IV, but not below the income
standards applicable under its State plan under such part on
May 1, 1988;
``(B) may increase income or resource standards under the
State plan referred to in paragraph (1) over a period
(beginning after July 16, 1996) by a percentage that does not
exceed the percentage increase in the consumer price index
for all urban consumers (all items; U.S. city average) over
such period; and
``(C) may use income and resource methodologies that are
less restrictive than the methodologies used under the State
plan under such part as of July 16, 1996.
``(3) Option to terminate medical assistance for failure to
meet work requirement.--
``(A) Individuals receiving cash assistance under tanf.--In
the case of an individual who--
``(i) is receiving cash assistance under a State program
funded under part A of title IV,
``(ii) is eligible for medical assistance under this title
on a basis not related to section 1902(l), and
[[Page 1791]]
``(iii) has the cash assistance under such program
terminated pursuant to section 407(e)(1)(B) (as in effect on
or after the welfare reform effective date) because of
refusing to work,
the State may terminate such individual's eligibility for
medical assistance under this title until such time as there
no longer is a basis for the termination of such cash
assistance because of such refusal.
``(B) Exception for children.--Subparagraph (A) shall not
be construed as permitting a State to terminate medical
assistance for a minor child who is not the head of a
household receiving assistance under a State program funded
under part A of title IV.
``(c) Treatment for Purposes of Transitional Coverage
Provisions.--
``(1) Transition in the case of child support
collections.--The provisions of section 406(h) (as in effect
on July 16, 1996) shall apply, in relation to this title,
with respect to individuals (and families composed of
individuals) who are described in subsection (b)(1)(A), in
the same manner as they applied before such date with respect
to individuals who became ineligible for aid to families with
dependent children as a result (wholly or partly) of the
collection of child or spousal support under part D of title
IV.
``(2) Transition in the case of earnings from employment.--
For continued medical assistance in the case of individuals
(and families composed of individuals) described in
subsection (b)(1)(A) who would otherwise become ineligible
because of hours or income from employment, see sections 1925
and 1902(e)(1).
``(d) Waivers.--In the case of a waiver of a provision of
part A of title IV in effect with respect to a State as of
July 16, 1996, or which is submitted to the Secretary before
the date of the enactment of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 and approved by
the Secretary on or before July 1, 1997, if the waiver
affects eligibility of individuals for medical assistance
under this title, such waiver may (but need not) continue to
be applied, at the option of the State, in relation to this
title after the date the waiver would otherwise expire.
``(e) State Option to Use 1 Application Form.--Nothing in
this section, or part A of title IV, shall be construed as
preventing a State from providing for the same application
form for assistance under a State program funded under part A
of title IV (on or after the welfare reform effective date)
and for medical assistance under this title.
``(f) Additional Rules of Construction.--
``(1) With respect to the reference in section 1902(a)(5)
to a State plan approved under part A of title IV, a State
may treat such reference as a reference either to a State
program funded under such part (as in effect on and after the
welfare reform effective date) or to the State plan under
this title.
``(2) Any reference in section 1902(a)(55) to a State plan
approved under part A of title IV shall be deemed a reference
to a State program funded under such part.
``(3) In applying section 1903(f), the applicable income
limitation otherwise determined shall be subject to increase
in the same manner as income or resource standards of a State
may be increased under subsection (b)(2)(B).
``(g) Relation to Other Provisions.--The provisions of this
section shall apply notwithstanding any other provision of
this Act.
``(h) Transitional Increased Federal Matching Rate for
Increased Administrative Costs.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary shall provide that with
respect to administrative expenditures described in paragraph
(2) the per centum specified in section 1903(a)(7) shall be
increased to such percentage as the Secretary specifies.
``(2) Administrative expenditures described.--The
administrative expenditures described in this paragraph are
expenditures described in section 1903(a)(7) that a State
demonstrates to the satisfaction of the Secretary are
attributable to administrative costs of eligibility
determinations that (but for the enactment of this section)
would not be incurred.
``(3) Limitation.--The total amount of additional Federal
funds that are expended as a result of the application of
this subsection for the period beginning with fiscal year
1997 and ending with fiscal year 2000 shall not exceed
$500,000,000. In applying this paragraph, the Secretary shall
ensure the equitable distribution of additional funds among
the States.
``(4) Time limitation.--This subsection shall only apply
with respect to a State for expenditures incurred during the
first 12 calendar quarters in which the State program funded
under part A of title IV (as in effect on and after the
welfare reform effective date) is in effect.
``(i) Welfare Reform Effective Date.--In this section, the
term `welfare reform effective date' means the effective
date, with respect to a State, of title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (as specified in section 116 of such Act).''.
(b) Plan Amendment.--Section 1902(a) (42 U.S.C. 1396a(a))
is amended--
(1) by striking ``and'' at the end of paragraph (61),
(2) by striking the period at the end of paragraph (62) and
inserting ``; and'', and
(3) by inserting after paragraph (62) the following new
paragraph:
``(63) provide for administration and determinations of
eligibility with respect to individuals who are (or seek to
be) eligible for medical assistance based on the application
of section 1931.''.
(c) Extension of Work Transition Provisions.--Sections
1902(e)(1)(B) and 1925(f) (42 U.S.C. 1396a(e)(1)(B), 1396r-
6(f)) are each amended by striking ``1998'' and inserting
``2001''.
(d) Elimination of Requirement of Minimum AFDC Payment
Levels.--(1) Section 1902(c) (42 U.S.C. 1396a(c)) is amended
by striking ``if--'' and all that follows and inserting the
following: ``if the State requires individuals described in
subsection (l)(1) to apply for assistance under the State
program funded under part A of title IV as a condition of
applying for or receiving medical assistance under this
title.''.
(2) Section 1903(i) (42 U.S.C. 1396b(i)) is amended by
striking paragraph (9).
SEC. 115. DENIAL OF ASSISTANCE AND BENEFITS FOR CERTAIN DRUG-
RELATED CONVICTIONS.
(a) In General.--An individual convicted (under Federal or
State law) of any offense which is classified as a felony by
the law of the jurisdiction involved and which has as an
element the possession, use, or distribution of a controlled
substance (as defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6))) shall not be eligible
for--
(1) assistance under any State program funded under part A
of title IV of the Social Security Act, or
(2) benefits under the food stamp program (as defined in
section 3(h) of the Food Stamp Act of 1977) or any State
program carried out under the Food Stamp Act of 1977.
(b) Effects on Assistance and Benefits for Others.--
(1) Program of temporary assistance for needy families.--
The amount of assistance otherwise required to be provided
under a State program funded under part A of title IV of the
Social Security Act to the family members of an individual to
whom subsection (a) applies shall be reduced by the amount
which would have otherwise been made available to the
individual under such part.
(2) Benefits under the food stamp act of 1977.--The amount
of benefits otherwise required to be provided to a household
under the food stamp program (as defined in section 3(h) of
the Food Stamp Act of 1977), or any State program carried out
under the Food Stamp Act of 1977, shall be determined by
considering the individual to whom subsection (a) applies not
to be a member of such household, except that the income and
resources of the individual shall be considered to be income
and resources of the household.
(c) Enforcement.--A State that has not exercised its
authority under subsection (d)(1)(A) shall require each
individual applying for assistance or benefits referred to in
subsection (a), during the application process, to state, in
writing, whether the individual, or any member of the
household of the individual, has been convicted of a crime
described in subsection (a).
(d) Limitations.--
(1) State elections.--
(A) Opt out.--A State may, by specific reference in a law
enacted after the date of the enactment of this Act, exempt
any or all individuals domiciled in the State from the
application of subsection (a).
(B) Limit period of prohibition.--A State may, by law
enacted after the date of the enactment of this Act, limit
the period for which subsection (a) shall apply to any or all
individuals domiciled in the State.
(2) Inapplicability to convictions occurring on or before
enactment.--Subsection (a) shall not apply to convictions
occurring on or before the date of the enactment of this Act.
(e) Definitions of State.--For purposes of this section,
the term ``State'' has the meaning given it--
(1) in section 419(5) of the Social Security Act, when
referring to assistance provided under a State program funded
under part A of title IV of the Social Security Act, and
(2) in section 3(m) of the Food Stamp Act of 1977, when
referring to the food stamp program (as defined in section
3(h) of the Food Stamp Act of 1977) or any State program
carried out under the Food Stamp Act of 1977.
(f) Rule of Interpretation.--Nothing in this section shall
be construed to deny the following Federal benefits:
(1) Emergency medical services under title XIX of the
Social Security Act.
(2) Short-term, noncash, in-kind emergency disaster relief.
(3)(A) Public health assistance for immunizations.
(B) Public health assistance for testing and treatment of
communicable diseases if the Secretary of Health and Human
Services determines that it is necessary to prevent the
spread of such disease.
(4) Prenatal care.
(5) Job training programs.
(6) Drug treatment programs.
SEC. 116. EFFECTIVE DATE; TRANSITION RULE.
(a) Effective Dates.--
(1) In general.--Except as otherwise provided in this
title, this title and the amendments made by this title shall
take effect on July 1, 1997.
(2) Delayed effective date for certain provisions.--
Notwithstanding any other provision of this section,
paragraphs (2), (3), (4), (5), (8), and (10) of section
409(a) and section 411(a) of the Social Security Act (as
added by the amendments made by section 103(a) of this Act)
shall not take effect with respect to a State until, and
shall apply only with respect to conduct that occurs on or
after, the later of--
[[Page 1792]]
(A) July 1, 1997; or
(B) the date that is 6 months after the date the Secretary
of Health and Human Services receives from the State a plan
described in section 402(a) of the Social Security Act (as
added by such amendment).
(3) Grants to outlying areas.--The amendments made by
section 103(b) shall take effect on October 1, 1996.
(4) Elimination of child care programs.--The amendments
made by section 103(c) shall take effect on October 1, 1996.
(5) Definitions applicable to new child care entitlement.--
Sections 403(a)(1)(C), 403(a)(1)(D), and 419(4) of the Social
Security Act, as added by the amendments made by section
103(a) of this Act, shall take effect on October 1, 1996.
(b) Transition Rules.--Effective on the date of the
enactment of this Act:
(1) State option to accelerate effective date.--
(A) In general.--If the Secretary of Health and Human
Services receives from a State a plan described in section
402(a) of the Social Security Act (as added by the amendment
made by section 103(a)(1) of this Act), then--
(i) on and after the date of such receipt--
(I) except as provided in clause (ii), this title and the
amendments made by this title (other than by section 103(c)
of this Act) shall apply with respect to the State; and
(II) the State shall be considered an eligible State for
purposes of part A of title IV of the Social Security Act (as
in effect pursuant to the amendments made by such section
103(a)); and
(ii) during the period that begins on the date of such
receipt and ends on June 30, 1997, there shall remain in
effect with respect to the State--
(I) section 403(h) of the Social Security Act (as in effect
on September 30, 1995); and
(II) all State reporting requirements under parts A and F
of title IV of the Social Security Act (as in effect on
September 30, 1995), modified by the Secretary as
appropriate, taking into account the State program under part
A of title IV of the Social Security Act (as in effect
pursuant to the amendments made by such section 103(a)).
(B) Limitations on federal obligations.--
(i) Under afdc program.--The total obligations of the
Federal Government to a State under part A of title IV of the
Social Security Act (as in effect on September 30, 1995) with
respect to expenditures in fiscal year 1997 shall not exceed
an amount equal to the State family assistance grant.
(ii) Under temporary family assistance program.--
Notwithstanding section 403(a)(1) of the Social Security Act
(as in effect pursuant to the amendments made by section
103(a) of this Act), the total obligations of the Federal
Government to a State under such section 403(a)(1)--
(I) for fiscal year 1996, shall be an amount equal to--
(aa) the State family assistance grant; multiplied by
(bb) \1/366\ of the number of days during the period that
begins on the date the Secretary of Health and Human Services
first receives from the State a plan described in section
402(a) of the Social Security Act (as added by the amendment
made by section 103(a)(1) of this Act) and ends on September
30, 1996; and
(II) for fiscal year 1997, shall be an amount equal to the
lesser of--
(aa) the amount (if any) by which the State family
assistance grant exceeds the total obligations of the Federal
Government to the State under part A of title IV of the
Social Security Act (as in effect on September 30, 1995) with
respect to expenditures in fiscal year 1997; or
(bb) the State family assistance grant, multiplied by \1/
365\ of the number of days during the period that begins on
October 1, 1996, or the date the Secretary of Health and
Human Services first receives from the State a plan described
in section 402(a) of the Social Security Act (as added by the
amendment made by section 103(a)(1) of this Act), whichever
is later, and ends on September 30, 1997.
(iii) Child care obligations excluded in determining
federal afdc obligations.--As used in this subparagraph, the
term ``obligations of the Federal Government to the State
under part A of title IV of the Social Security Act'' does
not include any obligation of the Federal Government with
respect to child care expenditures by the State.
(C) Submission of state plan for fiscal year 1996 or 1997
deemed acceptance of grant limitations and formula and
termination of afdc entitlement.--The submission of a plan by
a State pursuant to subparagraph (A) is deemed to
constitute--
(i) the State's acceptance of the grant reductions under
subparagraph (B) (including the formula for computing the
amount of the reduction); and
(ii) the termination of any entitlement of any individual
or family to benefits or services under the State AFDC
program.
(D) Definitions.--As used in this paragraph:
(i) State afdc program.--The term ``State AFDC program''
means the State program under parts A and F of title IV of
the Social Security Act (as in effect on September 30, 1995).
(ii) State.--The term ``State'' means the 50 States and the
District of Columbia.
(iii) State family assistance grant.--The term ``State
family assistance grant'' means the State family assistance
grant (as defined in section 403(a)(1)(B) of the Social
Security Act, as added by the amendment made by section
103(a)(1) of this Act).
(2) Claims, actions, and proceedings.--The amendments made
by this title shall not apply with respect to--
(A) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid, assistance, or services
provided before the effective date of this title under the
provisions amended; and
(B) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
(3) Closing out account for those programs terminated or
substantially modified by this title.--In closing out
accounts, Federal and State officials may use scientifically
acceptable statistical sampling techniques. Claims made with
respect to State expenditures under a State plan approved
under part A of title IV of the Social Security Act (as in
effect on September 30, 1995) with respect to assistance or
services provided on or before September 30, 1995, shall be
treated as claims with respect to expenditures during fiscal
year 1995 for purposes of reimbursement even if payment was
made by a State on or after October 1, 1995. Each State shall
complete the filing of all claims under the State plan (as so
in effect) within 2 years after the date of the enactment of
this Act. The head of each Federal department shall--
(A) use the single audit procedure to review and resolve
any claims in connection with the close out of programs under
such State plans; and
(B) reimburse States for any payments made for assistance
or services provided during a prior fiscal year from funds
for fiscal year 1995, rather than from funds authorized by
this title.
(4) Continuance in office of assistant secretary for family
support.--The individual who, on the day before the effective
date of this title, is serving as Assistant Secretary for
Family Support within the Department of Health and Human
Services shall, until a successor is appointed to such
position--
(A) continue to serve in such position; and
(B) except as otherwise provided by law--
(i) continue to perform the functions of the Assistant
Secretary for Family Support under section 417 of the Social
Security Act (as in effect before such effective date); and
(ii) have the powers and duties of the Assistant Secretary
for Family Support under section 416 of the Social Security
Act (as in effect pursuant to the amendment made by section
103(a)(1) of this Act).
(c) Termination of Entitlement Under AFDC Program.--
Effective October 1, 1996, no individual or family shall be
entitled to any benefits or services under any State plan
approved under part A or F of title IV of the Social Security
Act (as in effect on September 30, 1995).
TITLE II--SUPPLEMENTAL SECURITY INCOME
SEC. 200. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
Subtitle A--Eligibility Restrictions
SEC. 201. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDIVIDUALS
FOUND TO HAVE FRAUDULENTLY MISREPRESENTED
RESIDENCE IN ORDER TO OBTAIN BENEFITS
SIMULTANEOUSLY IN 2 OR MORE STATES.
(a) In General.--Section 1611(e) (42 U.S.C. 1382(e)), as
amended by section 105(b)(4)(A) of the Contract with America
Advancement Act of 1996, is amended by redesignating
paragraph (5) as paragraph (3) and by adding at the end the
following new paragraph:
``(4)(A) No person shall be considered an eligible
individual or eligible spouse for purposes of this title
during the 10-year period that begins on the date the person
is convicted in Federal or State court of having made a
fraudulent statement or representation with respect to the
place of residence of the person in order to receive
assistance simultaneously from 2 or more States under
programs that are funded under title IV, title XIX, or the
Food Stamp Act of 1977, or benefits in 2 or more States under
the supplemental security income program under this title.
``(B) As soon as practicable after the conviction of a
person in a Federal or State court as described in
subparagraph (A), an official of such court shall notify the
Commissioner of such conviction.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 202. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS AND
PROBATION AND PAROLE VIOLATORS.
(a) In General.--Section 1611(e) (42 U.S.C. 1382(e)), as
amended by section 201(a) of this Act, is amended by adding
at the end the following new paragraph:
``(5) No person shall be considered an eligible individual
or eligible spouse for purposes of this title with respect to
any month if during such month the person is--
``(A) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the person flees, for a crime, or an attempt to
commit a crime, which is a felony under the laws of the place
from which the person flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(B) violating a condition of probation or parole imposed
under Federal or State law.''.
[[Page 1793]]
(b) Exchange of Information.--Section 1611(e) (42 U.S.C.
1382(e)), as amended by section 201(a) of this Act and
subsection (a) of this section, is amended by adding at the
end the following new paragraph:
``(6) Notwithstanding any other provision of law (other
than section 6103 of the Internal Revenue Code of 1986), the
Commissioner shall furnish any Federal, State, or local law
enforcement officer, upon the written request of the officer,
with the current address, Social Security number, and
photograph (if applicable) of any recipient of benefits under
this title, if the officer furnishes the Commissioner with
the name of the recipient, and other identifying information
as reasonably required by the Commissioner to establish the
unique identity of the recipient, and notifies the
Commissioner that--
``(A) the recipient--
``(i) is described in subparagraph (A) or (B) of paragraph
(5); and
``(ii) has information that is necessary for the officer to
conduct the officer's official duties; and
``(B) the location or apprehension of the recipient is
within the officer's official duties.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 203. TREATMENT OF PRISONERS.
(a) Implementation of Prohibition Against Payment of
Benefits to Prisoners.--
(1) In general.--Section 1611(e)(1) (42 U.S.C. 1382(e)(1))
is amended by adding at the end the following new
subparagraph:
``(I)(i) The Commissioner shall enter into an agreement,
with any interested State or local institution described in
clause (i) or (ii) of section 202(x)(1)(A) the primary
purpose of which is to confine individuals as described in
section 202(x)(1)(A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis and in a manner specified by the
Commissioner, the names, social security account numbers,
dates of birth, confinement commencement dates, and, to the
extent available to the institution, such other identifying
information concerning the inmates of the institution as the
Commissioner may require for the purpose of carrying out
paragraph (1); and
``(II) the Commissioner shall pay to any such institution,
with respect to each inmate of the institution who is
eligible for a benefit under this title for the month
preceding the first month throughout which such inmate is in
such institution and becomes ineligible for such benefit as a
result of the application of this subparagraph, $400 if the
institution furnishes the information described in subclause
(I) to the Commissioner within 30 days after the date such
individual becomes an inmate of such institution, or $200 if
the institution furnishes such information after 30 days
after such date but within 90 days after such date.
``(ii)(I) The provisions of section 552a of title 5, United
States Code, shall not apply to any agreement entered into
under clause (i) or to information exchanged pursuant to such
agreement.
``(II) The Commissioner is authorized to provide, on a
reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any Federal or
federally-assisted cash, food, or medical assistance program
for eligibility purposes.
``(iii) Payments to institutions required by clause (i)(II)
shall be made from funds otherwise available for the payment
of benefits under this title and shall be treated as direct
spending for purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985.''.
(2) Effective date.--The amendment made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the
seventh month beginning after the month in which this Act is
enacted.
(b) Study of Other Potential Improvements in the Collection
of Information Respecting Public Inmates.--
(1) Study.--The Commissioner of Social Security shall
conduct a study of the desirability, feasibility, and cost
of--
(A) establishing a system under which Federal, State, and
local courts would furnish to the Commissioner such
information respecting court orders by which individuals are
confined in jails, prisons, or other public penal,
correctional, or medical facilities as the Commissioner may
require for the purpose of carrying out section 1611(e)(1) of
the Social Security Act; and
(B) requiring that State and local jails, prisons, and
other institutions that enter into agreements with the
Commissioner under section 1611(e)(1)(I) of the Social
Security Act furnish the information required by such
agreements to the Commissioner by means of an electronic or
other sophisticated data exchange system.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner of Social Security
shall submit a report on the results of the study conducted
pursuant to this subsection to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives.
(c) Additional Report to Congress.--Not later than October
1, 1998, the Commissioner of Social Security shall provide to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a list of the
institutions that are and are not providing information to
the Commissioner under section 1611(e)(1)(I) of the Social
Security Act (as added by this section).
SEC. 204. EFFECTIVE DATE OF APPLICATION FOR BENEFITS.
(a) In General.--Subparagraphs (A) and (B) of section
1611(c)(7) (42 U.S.C. 1382(c)(7)) are amended to read as
follows:
``(A) the first day of the month following the date such
application is filed, or
``(B) the first day of the month following the date such
individual becomes eligible for such benefits with respect to
such application.''.
(b) Special Rule Relating to Emergency Advance Payments.--
Section 1631(a)(4)(A) (42 U.S.C. 1383(a)(4)(A)) is amended--
(1) by inserting ``for the month following the date the
application is filed'' after ``is presumptively eligible for
such benefits''; and
(2) by inserting ``, which shall be repaid through
proportionate reductions in such benefits over a period of
not more than 6 months'' before the semicolon.
(c) Conforming Amendments.--
(1) Section 1614(b) (42 U.S.C. 1382c(b)) is amended--
(A) by striking ``or requests'' and inserting ``, on the
first day of the month following the date the application is
filed, or, in any case in which either spouse requests''; and
(B) by striking ``application or''.
(2) Section 1631(g)(3) (42 U.S.C. 1382j(g)(3)) is amended
by inserting ``following the month'' after ``beginning with
the month''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to applications for benefits under title XVI of the
Social Security Act filed on or after the date of the
enactment of this Act, without regard to whether regulations
have been issued to implement such amendments.
(2) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
Subtitle B--Benefits for Disabled Children
SEC. 211. DEFINITION AND ELIGIBILITY RULES.
(a) Definition of Childhood Disability.--Section 1614(a)(3)
(42 U.S.C. 1382c(a)(3)), as amended by section 105(b)(1) of
the Contract with America Advancement Act of 1996, is
amended--
(1) in subparagraph (A), by striking ``An individual'' and
inserting ``Except as provided in subparagraph (C), an
individual'';
(2) in subparagraph (A), by striking ``(or, in the case of
an individual under the age of 18, if he suffers from any
medically determinable physical or mental impairment of
comparable severity)'';
(3) by redesignating subparagraphs (C) through (I) as
subparagraphs (D) through (J), respectively;
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C)(i) An individual under the age of 18 shall be
considered disabled for the purposes of this title if that
individual has a medically determinable physical or mental
impairment, which results in marked and severe functional
limitations, and which can be expected to result in death or
which has lasted or can be expected to last for a continuous
period of not less than 12 months.
``(ii) Notwithstanding clause (i), no individual under the
age of 18 who engages in substantial gainful activity
(determined in accordance with regulations prescribed
pursuant to subparagraph (E)) may be considered to be
disabled.''; and
(5) in subparagraph (F), as redesignated by paragraph (3),
by striking ``(D)'' and inserting ``(E)''.
(b) Changes to Childhood SSI Regulations.--
(1) Modification to medical criteria for evaluation of
mental and emotional disorders.--The Commissioner of Social
Security shall modify sections 112.00C.2. and 112.02B.2.c.(2)
of appendix 1 to subpart P of part 404 of title 20, Code of
Federal Regulations, to eliminate references to maladaptive
behavior in the domain of personal/behavorial function.
(2) Discontinuance of individualized functional
assessment.--The Commissioner of Social Security shall
discontinue the individualized functional assessment for
children set forth in sections 416.924d and 416.924e of title
20, Code of Federal Regulations.
(c) Medical Improvement Review Standard as It Applies to
Individuals Under the Age of 18.--Section 1614(a)(4) (42
U.S.C. 1382(a)(4)) is amended--
(1) by redesignating subclauses (I) and (II) of clauses (i)
and (ii) of subparagraph (B) as items (aa) and (bb),
respectively;
(2) by redesignating clauses (i) and (ii) of subparagraphs
(A) and (B) as subclauses (I) and (II), respectively;
(3) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(4) by inserting before clause (i) (as redesignated by
paragraph (3)) the following new subparagraph:
``(A) in the case of an individual who is age 18 or older--
'';
(5) by inserting after and below subparagraph (A)(iii) (as
so redesignated) the following new subparagraph:
``(B) in the case of an individual who is under the age of
18--
``(i) substantial evidence which demonstrates that there
has been medical improvement in the individual's impairment
or
[[Page 1794]]
combination of impairments, and that such impairment or
combination of impairments no longer results in marked and
severe functional limitations; or
``(ii) substantial evidence which demonstrates that, as
determined on the basis of new or improved diagnostic
techniques or evaluations, the individual's impairment or
combination of impairments, is not as disabling as it was
considered to be at the time of the most recent prior
decision that the individual was under a disability or
continued to be under a disability, and such impairment or
combination of impairments does not result in marked and
severe functional limitations; or'';
(6) by redesignating subparagraph (D) as subparagraph (C)
and by inserting in such subparagraph ``in the case of any
individual,'' before ``substantial evidence''; and
(7) in the first sentence following subparagraph (C) (as
redesignated by paragraph (6)), by--
(A) inserting ``(i)'' before ``to restore''; and
(B) inserting ``, or (ii) in the case of an individual
under the age of 18, to eliminate or improve the individual's
impairment or combination of impairments so that it no longer
results in marked and severe functional limitations''
immediately before the period.
(d) Effective Dates, Etc.--
(1) Effective dates.--
(A) Subsections (a) and (b).--
(i) In general.--The provisions of, and amendments made by,
subsections (a) and (b) of this section shall apply to any
individual who applies for, or whose claim is finally
adjudicated with respect to, benefits under title XVI of the
Social Security Act on or after the date of the enactment of
this Act, without regard to whether regulations have been
issued to implement such provisions and amendments.
(ii) Determination of final adjudication.--For purposes of
clause (i), no individual's claim with respect to such
benefits may be considered to be finally adjudicated before
such date of enactment if, on or after such date, there is
pending a request for either administrative or judicial
review with respect to such claim that has been denied in
whole, or there is pending, with respect to such claim,
readjudication by the Commissioner of Social Security
pursuant to relief in a class action or implementation by the
Commissioner of a court remand order.
(B) Subsection (c).--The amendments made by subsection (c)
of this section shall apply with respect to benefits under
title XVI of the Social Security Act for months beginning on
or after the date of the enactment of this Act, without
regard to whether regulations have been issued to implement
such amendments.
(2) Application to current recipients.--
(A) Eligibility redeterminations.--During the period
beginning on the date of the enactment of this Act and ending
on the date which is 1 year after such date of enactment, the
Commissioner of Social Security shall redetermine the
eligibility of any individual under age 18 who is eligible
for supplemental security income benefits by reason of
disability under title XVI of the Social Security Act as of
the date of the enactment of this Act and whose eligibility
for such benefits may terminate by reason of the provisions
of, or amendments made by, subsections (a) and (b) of this
section. With respect to any redetermination under this
subparagraph--
(i) section 1614(a)(4) of the Social Security Act (42
U.S.C. 1382c(a)(4)) shall not apply;
(ii) the Commissioner of Social Security shall apply the
eligibility criteria for new applicants for benefits under
title XVI of such Act;
(iii) the Commissioner shall give such redetermination
priority over all continuing eligibility reviews and other
reviews under such title; and
(iv) such redetermination shall be counted as a review or
redetermination otherwise required to be made under section
208 of the Social Security Independence and Program
Improvements Act of 1994 or any other provision of title XVI
of the Social Security Act.
(B) Grandfather provision.--The provisions of, and
amendments made by, subsections (a) and (b) of this section,
and the redetermination under subparagraph (A), shall only
apply with respect to the benefits of an individual described
in subparagraph (A) for months beginning on or after the
later of July 1, 1997, or the date of the redetermination
with respect to such individual.
(C) Notice.--Not later than January 1, 1997, the
Commissioner of Social Security shall notify an individual
described in subparagraph (A) of the provisions of this
paragraph.
(3) Report.--The Commissioner of Social Security shall
report to the Congress regarding the progress made in
implementing the provisions of, and amendments made by, this
section on child disability evaluations not later than 180
days after the date of the enactment of this Act.
(4) Regulations.--Notwithstanding any other provision of
law, the Commissioner of Social Security shall submit for
review to the committees of jurisdiction in the Congress any
final regulation pertaining to the eligibility of individuals
under age 18 for benefits under title XVI of the Social
Security Act at least 45 days before the effective date of
such regulation. The submission under this paragraph shall
include supporting documentation providing a cost analysis,
workload impact, and projections as to how the regulation
will effect the future number of recipients under such title.
(5) Cap adjustment for ssi administrative work required by
welfare reform.--
(A) Authorization.--For the additional costs of continuing
disability reviews and redeterminations under title XVI of
the Social Security Act, there is hereby authorized to be
appropriated to the Social Security Administration, in
addition to amounts authorized under section 201(g)(1)(A) of
the Social Security Act, $150,000,000 in fiscal year 1997 and
$100,000,000 in fiscal year 1998.
(B) Cap adjustment.--Section 251(b)(2)(H) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended
by section 103(b) of the Contract with America Advancement
Act of 1996, is amended--
(i) in clause (i)--
(I) in subclause (II) by--
(aa) striking ``$25,000,000'' and inserting
``$175,000,000''; and
(bb) striking ``$160,000,000'' and inserting
``$310,000,000''; and
(II) in subclause (III) by--
(aa) striking ``$145,000,000'' and inserting
``$245,000,000''; and
(bb) striking ``$370,000,000'' and inserting
``$470,000,000''; and
(ii) by amending clause (ii)(I) to read as follows:
``(I) the term `continuing disability reviews' means
reviews or redeterminations as defined under section
201(g)(1)(A) of the Social Security Act and reviews and
redeterminations authorized under section 211 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996;''.
(C) Adjustments.--Section 606(e)(1)(B) of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new sentences: ``If the adjustments referred to in
the preceding sentence are made for an appropriations measure
that is not enacted into law, then the Chairman of the
Committee on the Budget of the House of Representatives
shall, as soon as practicable, reverse those adjustments. The
Chairman of the Committee on the Budget of the House of
Representatives shall submit any adjustments made under this
subparagraph to the House of Representatives and have such
adjustments published in the Congressional Record.''.
(D) Conforming amendment.--Section 103(d)(1) of the
Contract with America Advancement Act of 1996 (42 U.S.C. 401
note) is amended by striking ``medicaid programs.'' and
inserting ``medicaid programs, except that the amounts
appropriated pursuant to the authorization and discretionary
spending allowance provisions in section 211(d)(2)(5) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 shall be used only for continuing disability
reviews and redeterminations under title XVI of the Social
Security Act.''.
(6) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Public Law 93-
66.
SEC. 212. ELIGIBILITY REDETERMINATIONS AND CONTINUING
DISABILITY REVIEWS.
(a) Continuing Disability Reviews Relating to Certain
Children.--Section 1614(a)(3)(H) (42 U.S.C. 1382c(a)(3)(H)),
as redesignated by section 211(a)(3) of this Act, is
amended--
(1) by inserting ``(i)'' after ``(H)''; and
(2) by adding at the end the following new clause:
``(ii)(I) Not less frequently than once every 3 years, the
Commissioner shall review in accordance with paragraph (4)
the continued eligibility for benefits under this title of
each individual who has not attained 18 years of age and is
eligible for such benefits by reason of an impairment (or
combination of impairments) which is likely to improve (or,
at the option of the Commissioner, which is unlikely to
improve).
``(II) A representative payee of a recipient whose case is
reviewed under this clause shall present, at the time of
review, evidence demonstrating that the recipient is, and has
been, receiving treatment, to the extent considered medically
necessary and available, of the condition which was the basis
for providing benefits under this title.
``(III) If the representative payee refuses to comply
without good cause with the requirements of subclause (II),
the Commissioner of Social Security shall, if the
Commissioner determines it is in the best interest of the
individual, promptly suspend payment of benefits to the
representative payee, and provide for payment of benefits to
an alternative representative payee of the individual or, if
the interest of the individual under this title would be
served thereby, to the individual.
``(IV) Subclause (II) shall not apply to the representative
payee of any individual with respect to whom the Commissioner
determines such application would be inappropriate or
unnecessary. In making such determination, the Commissioner
shall take into consideration the nature of the individual's
impairment (or combination of impairments). Section 1631(c)
shall not apply to a finding by the Commissioner that the
requirements of subclause (II) should not apply to an
individual's representative payee.''.
(b) Disability Eligibility Redeterminations Required for
SSI Recipients Who Attain 18 Years of Age.--
(1) In general.--Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as amended by subsection (a) of this
section, is amended by adding at the end the following new
clause:
``(iii) If an individual is eligible for benefits under
this title by reason of disability for the month preceding
the month in which the
[[Page 1795]]
individual attains the age of 18 years, the Commissioner
shall redetermine such eligibility--
``(I) during the 1-year period beginning on the
individual's 18th birthday; and
``(II) by applying the criteria used in determining the
initial eligibility for applicants who are age 18 or older.
With respect to a redetermination under this clause,
paragraph (4) shall not apply and such redetermination shall
be considered a substitute for a review or redetermination
otherwise required under any other provision of this
subparagraph during that 1-year period.''.
(2) Conforming repeal.--Section 207 of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C.
1382 note; 108 Stat. 1516) is hereby repealed.
(c) Continuing Disability Review Required for Low Birth
Weight Babies.--Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as amended by subsections (a) and (b) of
this section, is amended by adding at the end the following
new clause:
``(iv)(I) Not later than 12 months after the birth of an
individual, the Commissioner shall review in accordance with
paragraph (4) the continuing eligibility for benefits under
this title by reason of disability of such individual whose
low birth weight is a contributing factor material to the
Commissioner's determination that the individual is disabled.
``(II) A review under subclause (I) shall be considered a
substitute for a review otherwise required under any other
provision of this subparagraph during that 12-month period.
``(III) A representative payee of a recipient whose case is
reviewed under this clause shall present, at the time of
review, evidence demonstrating that the recipient is, and has
been, receiving treatment, to the extent considered medically
necessary and available, of the condition which was the basis
for providing benefits under this title.
``(IV) If the representative payee refuses to comply
without good cause with the requirements of subclause (III),
the Commissioner of Social Security shall, if the
Commissioner determines it is in the best interest of the
individual, promptly suspend payment of benefits to the
representative payee, and provide for payment of benefits to
an alternative representative payee of the individual or, if
the interest of the individual under this title would be
served thereby, to the individual.
``(V) Subclause (III) shall not apply to the representative
payee of any individual with respect to whom the Commissioner
determines such application would be inappropriate or
unnecessary. In making such determination, the Commissioner
shall take into consideration the nature of the individual's
impairment (or combination of impairments). Section 1631(c)
shall not apply to a finding by the Commissioner that the
requirements of subclause (III) should not apply to an
individual's representative payee.''.
(d) Effective Date.--The amendments made by this section
shall apply to benefits for months beginning on or after the
date of the enactment of this Act, without regard to whether
regulations have been issued to implement such amendments.
SEC. 213. ADDITIONAL ACCOUNTABILITY REQUIREMENTS.
(a) Requirement To Establish Account.--Section 1631(a)(2)
(42 U.S.C. 1383(a)(2)) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F)(i)(I) Each representative payee of an eligible
individual under the age of 18 who is eligible for the
payment of benefits described in subclause (II) shall
establish on behalf of such individual an account in a
financial institution into which such benefits shall be paid,
and shall thereafter maintain such account for use in
accordance with clause (ii).
``(II) Benefits described in this subclause are past-due
monthly benefits under this title (which, for purposes of
this subclause, include State supplementary payments made by
the Commissioner pursuant to an agreement under section 1616
or section 212(b) of Public Law 93-66) in an amount (after
any withholding by the Commissioner for reimbursement to a
State for interim assistance under subsection (g)) that
exceeds the product of--
``(aa) 6, and
``(bb) the maximum monthly benefit payable under this title
to an eligible individual.
``(ii)(I) A representative payee shall use funds in the
account established under clause (i) to pay for allowable
expenses described in subclause (II).
``(II) An allowable expense described in this subclause is
an expense for--
``(aa) education or job skills training;
``(bb) personal needs assistance;
``(cc) special equipment;
``(dd) housing modification;
``(ee) medical treatment;
``(ff) therapy or rehabilitation; or
``(gg) any other item or service that the Commissioner
determines to be appropriate;
provided that such expense benefits such individual and, in
the case of an expense described in item (bb), (cc), (dd),
(ff), or (gg), is related to the impairment (or combination
of impairments) of such individual.
``(III) The use of funds from an account established under
clause (i) in any manner not authorized by this clause--
``(aa) by a representative payee shall be considered a
misapplication of benefits for all purposes of this
paragraph, and any representative payee who knowingly
misapplies benefits from such an account shall be liable to
the Commissioner in an amount equal to the total amount of
such benefits; and
``(bb) by an eligible individual who is his or her own
payee shall be considered a misapplication of benefits for
all purposes of this paragraph and the total amount of such
benefits so used shall be considered to be the uncompensated
value of a disposed resource and shall be subject to the
provisions of section 1613(c).
``(IV) This clause shall continue to apply to funds in the
account after the child has reached age 18, regardless of
whether benefits are paid directly to the beneficiary or
through a representative payee.
``(iii) The representative payee may deposit into the
account established pursuant to clause (i)--
``(I) past-due benefits payable to the eligible individual
in an amount less than that specified in clause (i)(II), and
``(II) any other funds representing an underpayment under
this title to such individual, provided that the amount of
such underpayment is equal to or exceeds the maximum monthly
benefit payable under this title to an eligible individual.
``(iv) The Commissioner of Social Security shall establish
a system for accountability monitoring whereby such
representative payee shall report, at such time and in such
manner as the Commissioner shall require, on activity
respecting funds in the account established pursuant to
clause (i).''.
(b) Exclusion From Resources.--Section 1613(a) (42 U.S.C.
1382b(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12) any account, including accrued interest or other
earnings thereon, established and maintained in accordance
with section 1631(a)(2)(F).''.
(c) Exclusion From Income.--Section 1612(b) (42 U.S.C.
1382a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(21) the interest or other earnings on any account
established and maintained in accordance with section
1631(a)(2)(F).''.
(d) Effective Date.--The amendments made by this section
shall apply to payments made after the date of the enactment
of this Act.
SEC. 214. REDUCTION IN CASH BENEFITS PAYABLE TO
INSTITUTIONALIZED INDIVIDUALS WHOSE MEDICAL
COSTS ARE COVERED BY PRIVATE INSURANCE.
(a) In General.--Section 1611(e)(1)(B) (42 U.S.C.
1382(e)(1)(B)) is amended by inserting ``or, in the case of
an eligible individual who is a child under the age of 18,
receiving payments (with respect to such individual) under
any health insurance policy issued by a private provider of
such insurance'' after ``section 1614(f)(2)(B),''.
(b) Effective Date.--The amendment made by this section
shall apply to benefits for months beginning 90 or more days
after the date of the enactment of this Act, without regard
to whether regulations have been issued to implement such
amendments.
SEC. 215. REGULATIONS.
Within 3 months after the date of the enactment of this
Act, the Commissioner of Social Security shall prescribe such
regulations as may be necessary to implement the amendments
made by this subtitle.
Subtitle C--Additional Enforcement Provision
SEC. 221. INSTALLMENT PAYMENT OF LARGE PAST-DUE SUPPLEMENTAL
SECURITY INCOME BENEFITS.
(a) In General.--Section 1631(a) (42 U.S.C. 1383) is
amended by adding at the end the following new paragraph:
``(10)(A) If an individual is eligible for past-due monthly
benefits under this title in an amount that (after any
withholding for reimbursement to a State for interim
assistance under subsection (g)) equals or exceeds the
product of--
``(i) 12, and
``(ii) the maximum monthly benefit payable under this title
to an eligible individual (or, if appropriate, to an eligible
individual and eligible spouse),
then the payment of such past-due benefits (after any such
reimbursement to a State) shall be made in installments as
provided in subparagraph (B).
``(B)(i) The payment of past-due benefits subject to this
subparagraph shall be made in not to exceed 3 installments
that are made at 6-month intervals.
``(ii) Except as provided in clause (iii), the amount of
each of the first and second installments may not exceed an
amount equal to the product of clauses (i) and (ii) of
subparagraph (A).
``(iii) In the case of an individual who has--
``(I) outstanding debt attributable to--
``(aa) food,
``(bb) clothing,
``(cc) shelter, or
``(dd) medically necessary services, supplies or equipment,
or medicine; or
``(II) current expenses or expenses anticipated in the near
term attributable to--
``(aa) medically necessary services, supplies or equipment,
or medicine, or
``(bb) the purchase of a home, and
[[Page 1796]]
such debt or expenses are not subject to reimbursement by a
public assistance program, the Secretary under title XVIII, a
State plan approved under title XIX, or any private entity
legally liable to provide payment pursuant to an insurance
policy, pre-paid plan, or other arrangement, the limitation
specified in clause (ii) may be exceeded by an amount equal
to the total of such debt and expenses.
``(C) This paragraph shall not apply to any individual who,
at the time of the Commissioner's determination that such
individual is eligible for the payment of past-due monthly
benefits under this title--
``(i) is afflicted with a medically determinable impairment
that is expected to result in death within 12 months; or
``(ii) is ineligible for benefits under this title and the
Commissioner determines that such individual is likely to
remain ineligible for the next 12 months.
``(D) For purposes of this paragraph, the term `benefits
under this title' includes supplementary payments pursuant to
an agreement for Federal administration under section
1616(a), and payments pursuant to an agreement entered into
under section 212(b) of Public Law 93-66.''.
(b) Conforming Amendment.--Section 1631(a)(1) (42 U.S.C.
1383(a)(1)) is amended by inserting ``(subject to paragraph
(10))'' immediately before ``in such installments''.
(c) Effective Date.--
(1) In general.--The amendments made by this section are
effective with respect to past-due benefits payable under
title XVI of the Social Security Act after the third month
following the month in which this Act is enacted.
(2) Benefits payable under title xvi.--For purposes of this
subsection, the term ``benefits payable under title XVI of
the Social Security Act'' includes supplementary payments
pursuant to an agreement for Federal administration under
section 1616(a) of the Social Security Act, and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66.
SEC. 222. REGULATIONS.
Within 3 months after the date of the enactment of this
Act, the Commissioner of Social Security shall prescribe such
regulations as may be necessary to implement the amendments
made by this subtitle.
Subtitle D--Studies Regarding Supplemental Security Income Program
SEC. 231. ANNUAL REPORT ON THE SUPPLEMENTAL SECURITY INCOME
PROGRAM.
Title XVI (42 U.S.C. 1381 et seq.), as amended by section
105(b)(3) of the Contract with America Advancement Act of
1996, is amended by adding at the end the following new
section:
``ANNUAL REPORT ON PROGRAM
``Sec. 1637. (a) Not later than May 30 of each year, the
Commissioner of Social Security shall prepare and deliver a
report annually to the President and the Congress regarding
the program under this title, including--
``(1) a comprehensive description of the program;
``(2) historical and current data on allowances and
denials, including number of applications and allowance rates
for initial determinations, reconsideration determinations,
administrative law judge hearings, appeals council reviews,
and Federal court decisions;
``(3) historical and current data on characteristics of
recipients and program costs, by recipient group (aged,
blind, disabled adults, and disabled children);
``(4) historical and current data on prior enrollment by
recipients in public benefit programs, including State
programs funded under part A of title IV of the Social
Security Act and State general assistance programs;
``(5) projections of future number of recipients and
program costs, through at least 25 years;
``(6) number of redeterminations and continuing disability
reviews, and the outcomes of such redeterminations and
reviews;
``(7) data on the utilization of work incentives;
``(8) detailed information on administrative and other
program operation costs;
``(9) summaries of relevant research undertaken by the
Social Security Administration, or by other researchers;
``(10) State supplementation program operations;
``(11) a historical summary of statutory changes to this
title; and
``(12) such other information as the Commissioner deems
useful.
``(b) Each member of the Social Security Advisory Board
shall be permitted to provide an individual report, or a
joint report if agreed, of views of the program under this
title, to be included in the annual report required under
this section.''.
SEC. 232. STUDY BY GENERAL ACCOUNTING OFFICE.
Not later than January 1, 1999, the Comptroller General of
the United States shall study and report on--
(1) the impact of the amendments made by, and the
provisions of, this title on the supplemental security income
program under title XVI of the Social Security Act; and
(2) extra expenses incurred by families of children
receiving benefits under such title that are not covered by
other Federal, State, or local programs.
TITLE III--CHILD SUPPORT
SEC. 300. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
Subtitle A--Eligibility for Services; Distribution of Payments
SEC. 301. STATE OBLIGATION TO PROVIDE CHILD SUPPORT
ENFORCEMENT SERVICES.
(a) State Plan Requirements.--Section 454 (42 U.S.C. 654)
is amended--
(1) by striking paragraph (4) and inserting the following
new paragraph:
``(4) provide that the State will--
``(A) provide services relating to the establishment of
paternity or the establishment, modification, or enforcement
of child support obligations, as appropriate, under the plan
with respect to--
``(i) each child for whom (I) assistance is provided under
the State program funded under part A of this title, (II)
benefits or services for foster care maintenance are provided
under the State program funded under part E of this title, or
(III) medical assistance is provided under the State plan
approved under title XIX, unless, in accordance with
paragraph (29), good cause or other exceptions exist;
``(ii) any other child, if an individual applies for such
services with respect to the child; and
``(B) enforce any support obligation established with
respect to--
``(i) a child with respect to whom the State provides
services under the plan; or
``(ii) the custodial parent of such a child;''; and
(2) in paragraph (6)--
(A) by striking ``provide that'' and inserting ``provide
that--'';
(B) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) services under the plan shall be made available to
residents of other States on the same terms as to residents
of the State submitting the plan;'';
(C) in subparagraph (B), by inserting ``on individuals not
receiving assistance under any State program funded under
part A'' after ``such services shall be imposed'';
(D) in each of subparagraphs (B), (C), (D), and (E)--
(i) by indenting the subparagraph in the same manner as,
and aligning the left margin of the subparagraph with the
left margin of, the matter inserted by subparagraph (B) of
this paragraph; and
(ii) by striking the final comma and inserting a semicolon;
and
(E) in subparagraph (E), by indenting each of clauses (i)
and (ii) 2 additional ems.
(b) Continuation of Services for Families Ceasing To
Receive Assistance Under the State Program Funded Under Part
A.--Section 454 (42 U.S.C. 654) is amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding after paragraph (24) the following new
paragraph:
``(25) provide that if a family with respect to which
services are provided under the plan ceases to receive
assistance under the State program funded under part A, the
State shall provide appropriate notice to the family and
continue to provide such services, subject to the same
conditions and on the same basis as in the case of other
individuals to whom services are furnished under the plan,
except that an application or other request to continue
services shall not be required of such a family and paragraph
(6)(B) shall not apply to the family.''.
(c) Conforming Amendments.--
(1) Section 452(b) (42 U.S.C. 652(b)) is amended by
striking ``454(6)'' and inserting ``454(4)''.
(2) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended by striking ``454(6)'' each place it appears and
inserting ``454(4)(A)(ii)''.
(3) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``in the case of overdue support which a
State has agreed to collect under section 454(6)'' and
inserting ``in any other case''.
(4) Section 466(e) (42 U.S.C. 666(e)) is amended by
striking ``paragraph (4) or (6) of section 454'' and
inserting ``section 454(4)''.
SEC. 302. DISTRIBUTION OF CHILD SUPPORT COLLECTIONS.
(a) In General.--Section 457 (42 U.S.C. 657) is amended to
read as follows:
``SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
``(a) In General.--Subject to subsection (e), an amount
collected on behalf of a family as support by a State
pursuant to a plan approved under this part shall be
distributed as follows:
``(1) Families receiving assistance.--In the case of a
family receiving assistance from the State, the State shall--
``(A) pay to the Federal Government the Federal share of
the amount so collected; and
``(B) retain, or distribute to the family, the State share
of the amount so collected.
``(2) Families that formerly received assistance.--In the
case of a family that formerly received assistance from the
State:
``(A) Current support payments.--To the extent that the
amount so collected does not exceed the amount required to be
paid to the family for the month in which collected, the
State shall distribute the amount so collected to the family.
``(B) Payments of arrearages.--To the extent that the
amount so collected exceeds
[[Page 1797]]
the amount required to be paid to the family for the month in
which collected, the State shall distribute the amount so
collected as follows:
``(i) Distribution of arrearages that accrued after the
family ceased to receive assistance.--
``(I) Pre-october 1997.--Except as provided in subclause
(II), the provisions of this section (other than subsection
(b)(1)) as in effect and applied on the day before the date
of the enactment of section 302 of the Personal
Responsibility and Work Opportunity Act Reconciliation of
1996 shall apply with respect to the distribution of support
arrearages that--
``(aa) accrued after the family ceased to receive
assistance, and
``(bb) are collected before October 1, 1997.
``(II) Post-september 1997.--With respect to the amount so
collected on or after October 1, 1997 (or before such date,
at the option of the State)--
``(aa) In general.--The State shall first distribute the
amount so collected (other than any amount described in
clause (iv)) to the family to the extent necessary to satisfy
any support arrearages with respect to the family that
accrued after the family ceased to receive assistance from
the State.
``(bb) Reimbursement of governments for assistance provided
to the family.--After the application of division (aa) and
clause (ii)(II)(aa) with respect to the amount so collected,
the State shall retain the State share of the amount so
collected, and pay to the Federal Government the Federal
share (as defined in subsection (c)(2)) of the amount so
collected, but only to the extent necessary to reimburse
amounts paid to the family as assistance by the State.
``(cc) Distribution of the remainder to the family.--To the
extent that neither division (aa) nor division (bb) applies
to the amount so collected, the State shall distribute the
amount to the family.
``(ii) Distribution of arrearages that accrued before the
family received assistance.--
``(I) Pre-october 2000.--Except as provided in subclause
(II), the provisions of this section (other than subsection
(b)(1)) as in effect and applied on the day before the date
of the enactment of section 302 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 shall apply with respect to the distribution of support
arrearages that--
``(aa) accrued before the family received assistance, and
``(bb) are collected before October 1, 2000.
``(II) Post-september 2000.--Unless, based on the report
required by paragraph (4), the Congress determines otherwise,
with respect to the amount so collected on or after October
1, 2000 (or before such date, at the option of the State)--
``(aa) In general.--The State shall first distribute the
amount so collected (other than any amount described in
clause (iv)) to the family to the extent necessary to satisfy
any support arrearages with respect to the family that
accrued before the family received assistance from the State.
``(bb) Reimbursement of governments for assistance provided
to the family.--After the application of clause (i)(II)(aa)
and division (aa) with respect to the amount so collected,
the State shall retain the State share of the amount so
collected, and pay to the Federal Government the Federal
share (as defined in subsection (c)(2)) of the amount so
collected, but only to the extent necessary to reimburse
amounts paid to the family as assistance by the State.
``(cc) Distribution of the remainder to the family.--To the
extent that neither division (aa) nor division (bb) applies
to the amount so collected, the State shall distribute the
amount to the family.
``(iii) Distribution of arrearages that accrued while the
family received assistance.--In the case of a family
described in this subparagraph, the provisions of paragraph
(1) shall apply with respect to the distribution of support
arrearages that accrued while the family received assistance.
``(iv) Amounts collected pursuant to section 464.--
Notwithstanding any other provision of this section, any
amount of support collected pursuant to section 464 shall be
retained by the State to the extent past-due support has been
assigned to the State as a condition of receiving assistance
from the State, up to the amount necessary to reimburse the
State for amounts paid to the family as assistance by the
State. The State shall pay to the Federal Government the
Federal share of the amounts so retained. To the extent the
amount collected pursuant to section 464 exceeds the amount
so retained, the State shall distribute the excess to the
family.
``(v) Ordering rules for distributions.--For purposes of
this subparagraph, unless an earlier effective date is
required by this section, effective October 1, 2000, the
State shall treat any support arrearages collected, except
for amounts collected pursuant to section 464, as accruing in
the following order:
``(I) To the period after the family ceased to receive
assistance.
``(II) To the period before the family received assistance.
``(III) To the period while the family was receiving
assistance.
``(3) Families that never received assistance.--In the case
of any other family, the State shall distribute the amount so
collected to the family.
``(4) Families under certain agreements.--In the case of a
family receiving assistance from an Indian tribe, distribute
the amount so collected pursuant to an agreement entered into
pursuant to a State plan under section 454(33).
``(5) Study and report.--Not later than October 1, 1998,
the Secretary shall report to the Congress the Secretary's
findings with respect to--
``(A) whether the distribution of post-assistance
arrearages to families has been effective in moving people
off of welfare and keeping them off of welfare;
``(B) whether early implementation of a pre-assistance
arrearage program by some States has been effective in moving
people off of welfare and keeping them off of welfare;
``(C) what the overall impact has been of the amendments
made by the Personal Responsibility and Work Opportunity Act
of 1996 with respect to child support enforcement in moving
people off of welfare and keeping them off of welfare; and
``(D) based on the information and data the Secretary has
obtained, what changes, if any, should be made in the
policies related to the distribution of child support
arrearages.
``(b) Continuation Of Assignments.--Any rights to support
obligations, which were assigned to a State as a condition of
receiving assistance from the State under part A and which
were in effect on the day before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of 1996,
shall remain assigned after such date.
``(c) Definitions.--As used in subsection (a):
``(1) Assistance.--The term `assistance from the State'
means--
``(A) assistance under the State program funded under part
A or under the State plan approved under part A of this title
(as in effect on the day before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of
1996); and
``(B) foster care maintenance payments under the State plan
approved under part E of this title.
``(2) Federal share.--The term `Federal share' means that
portion of the amount collected resulting from the
application of the Federal medical assistance percentage in
effect for the fiscal year in which the amount is collected.
``(3) Federal medical assistance percentage.--The term
`Federal medical assistance percentage' means--
``(A) the Federal medical assistance percentage (as defined
in section 1118), in the case of Puerto Rico, the Virgin
Islands, Guam, and American Samoa; or
``(B) the Federal medical assistance percentage (as defined
in section 1905(b), as in effect on September 30, 1996) in
the case of any other State.
``(4) State share.--The term `State share' means 100
percent minus the Federal share.
``(d) Hold Harmless Provision.--If the amounts collected
which could be retained by the State in the fiscal year (to
the extent necessary to reimburse the State for amounts paid
to families as assistance by the State) are less than the
State share of the amounts collected in fiscal year 1995
(determined in accordance with section 457 as in effect on
the day before the date of the enactment of the Personal
Responsibility and Work Opportunity Act of 1996), the State
share for the fiscal year shall be an amount equal to the
State share in fiscal year 1995.
``(e) Gap Payments not Subject to Distribution Under This
Section.--At State option, this section shall not apply to
any amount collected on behalf of a family as support by the
State (and paid to the family in addition to the amount of
assistance otherwise payable to the family) pursuant to a
plan approved under this part if such amount would have been
paid to the family by the State under section 402(a)(28), as
in effect and applied on the day before the date of the
enactment of section 302 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996. For purposes of
subsection (d), the State share of such amount paid to the
family shall be considered amounts which could be retained by
the State if such payments were reported by the State as part
of the State share of amounts collected in fiscal year
1995.''.
(b) Conforming Amendments.--
(1) Section 464(a)(1) (42 U.S.C. 664(a)(1)) is amended by
striking ``section 457(b)(4) or (d)(3)'' and inserting
``section 457''.
(2) Section 454 (42 U.S.C. 654) is amended--
(A) in paragraph (11)--
(i) by striking ``(11)'' and inserting ``(11)(A)''; and
(ii) by inserting after the semicolon ``and''; and
(B) by redesignating paragraph (12) as subparagraph (B) of
paragraph (11).
(c) Effective Dates.--
(1) In General.--Except as provided in paragraph (2), the
amendments made by this section shall be effective on October
1, 1996, or earlier at the State's option.
(2) Conforming amendments.--The amendments made by
subsection (b)(2) shall become effective on the date of the
enactment of this Act.
SEC. 303. PRIVACY SAFEGUARDS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by section 301(b) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding after paragraph (25) the following new
paragraph:
[[Page 1798]]
``(26) will have in effect safeguards, applicable to all
confidential information handled by the State agency, that
are designed to protect the privacy rights of the parties,
including--
``(A) safeguards against unauthorized use or disclosure of
information relating to proceedings or actions to establish
paternity, or to establish or enforce support;
``(B) prohibitions against the release of information on
the whereabouts of 1 party to another party against whom a
protective order with respect to the former party has been
entered; and
``(C) prohibitions against the release of information on
the whereabouts of 1 party to another party if the State has
reason to believe that the release of the information may
result in physical or emotional harm to the former party.''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on October 1, 1997.
SEC. 304. RIGHTS TO NOTIFICATION OF HEARINGS.
(a) In General.--Section 454 (42 U.S.C. 654), as amended by
section 302(b)(2) of this Act, is amended by inserting after
paragraph (11) the following new paragraph:
``(12) provide for the establishment of procedures to
require the State to provide individuals who are applying for
or receiving services under the State plan, or who are
parties to cases in which services are being provided under
the State plan--
``(A) with notice of all proceedings in which support
obligations might be established or modified; and
``(B) with a copy of any order establishing or modifying a
child support obligation, or (in the case of a petition for
modification) a notice of determination that there should be
no change in the amount of the child support award, within 14
days after issuance of such order or determination;''.
(b) Effective Date.--The amendment made by subsection (a)
shall become effective on October 1, 1997.
Subtitle B--Locate and Case Tracking
SEC. 311. STATE CASE REGISTRY.
Section 454A, as added by section 344(a)(2) of this Act, is
amended by adding at the end the following new subsections:
``(e) State Case Registry.--
``(1) Contents.--The automated system required by this
section shall include a registry (which shall be known as the
`State case registry') that contains records with respect
to--
``(A) each case in which services are being provided by the
State agency under the State plan approved under this part;
and
``(B) each support order established or modified in the
State on or after October 1, 1998.
``(2) Linking of local registries.--The State case registry
may be established by linking local case registries of
support orders through an automated information network,
subject to this section.
``(3) Use of standardized data elements.--Such records
shall use standardized data elements for both parents (such
as names, social security numbers and other uniform
identification numbers, dates of birth, and case
identification numbers), and contain such other information
(such as on case status) as the Secretary may require.
``(4) Payment records.--Each case record in the State case
registry with respect to which services are being provided
under the State plan approved under this part and with
respect to which a support order has been established shall
include a record of--
``(A) the amount of monthly (or other periodic) support
owed under the order, and other amounts (including
arrearages, interest or late payment penalties, and fees) due
or overdue under the order;
``(B) any amount described in subparagraph (A) that has
been collected;
``(C) the distribution of such collected amounts;
``(D) the birth date of any child for whom the order
requires the provision of support; and
``(E) the amount of any lien imposed with respect to the
order pursuant to section 466(a)(4).
``(5) Updating and monitoring.--The State agency operating
the automated system required by this section shall promptly
establish and update, maintain, and regularly monitor, case
records in the State case registry with respect to which
services are being provided under the State plan approved
under this part, on the basis of--
``(A) information on administrative actions and
administrative and judicial proceedings and orders relating
to paternity and support;
``(B) information obtained from comparison with Federal,
State, or local sources of information;
``(C) information on support collections and distributions;
and
``(D) any other relevant information.
``(f) Information Comparisons and Other Disclosures of
Information.--The State shall use the automated system
required by this section to extract information from (at such
times, and in such standardized format or formats, as may be
required by the Secretary), to share and compare information
with, and to receive information from, other data bases and
information comparison services, in order to obtain (or
provide) information necessary to enable the State agency (or
the Secretary or other State or Federal agencies) to carry
out this part, subject to section 6103 of the Internal
Revenue Code of 1986. Such information comparison activities
shall include the following:
``(1) Federal case registry of child support orders.--
Furnishing to the Federal Case Registry of Child Support
Orders established under section 453(h) (and update as
necessary, with information including notice of expiration of
orders) the minimum amount of information on child support
cases recorded in the State case registry that is necessary
to operate the registry (as specified by the Secretary in
regulations).
``(2) Federal parent locator service.--Exchanging
information with the Federal Parent Locator Service for the
purposes specified in section 453.
``(3) Temporary family assistance and medicaid agencies.--
Exchanging information with State agencies (of the State and
of other States) administering programs funded under part A,
programs operated under a State plan approved under title
XIX, and other programs designated by the Secretary, as
necessary to perform State agency responsibilities under this
part and under such programs.
``(4) Intrastate and interstate information comparisons.--
Exchanging information with other agencies of the State,
agencies of other States, and interstate information
networks, as necessary and appropriate to carry out (or
assist other States to carry out) the purposes of this
part.''.
SEC. 312. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b) and 303(a) of this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting ``; and''; and
(3) by adding after paragraph (26) the following new
paragraph:
``(27) provide that, on and after October 1, 1998, the
State agency will--
``(A) operate a State disbursement unit in accordance with
section 454B; and
``(B) have sufficient State staff (consisting of State
employees) and (at State option) contractors reporting
directly to the State agency to--
``(i) monitor and enforce support collections through the
unit in cases being enforced by the State pursuant to section
454(4) (including carrying out the automated data processing
responsibilities described in section 454A(g)); and
``(ii) take the actions described in section 466(c)(1) in
appropriate cases.''.
(b) Establishment of State Disbursement Unit.--Part D of
title IV (42 U.S.C. 651-669), as amended by section 344(a)(2)
of this Act, is amended by inserting after section 454A the
following new section:
``SEC. 454B. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
``(a) State Disbursement Unit.--
``(1) In general.--In order for a State to meet the
requirements of this section, the State agency must establish
and operate a unit (which shall be known as the `State
disbursement unit') for the collection and disbursement of
payments under support orders--
``(A) in all cases being enforced by the State pursuant to
section 454(4); and
``(B) in all cases not being enforced by the State under
this part in which the support order is initially issued in
the State on or after January 1, 1994, and in which the
income of the noncustodial parent are subject to withholding
pursuant to section 466(a)(8)(B).
``(2) Operation.--The State disbursement unit shall be
operated--
``(A) directly by the State agency (or 2 or more State
agencies under a regional cooperative agreement), or (to the
extent appropriate) by a contractor responsible directly to
the State agency; and
``(B) except in cases described in paragraph (1)(B), in
coordination with the automated system established by the
State pursuant to section 454A.
``(3) Linking of local disbursement units.--The State
disbursement unit may be established by linking local
disbursement units through an automated information network,
subject to this section, if the Secretary agrees that the
system will not cost more nor take more time to establish or
operate than a centralized system. In addition, employers
shall be given 1 location to which income withholding is
sent.
``(b) Required Procedures.--The State disbursement unit
shall use automated procedures, electronic processes, and
computer-driven technology to the maximum extent feasible,
efficient, and economical, for the collection and
disbursement of support payments, including procedures--
``(1) for receipt of payments from parents, employers, and
other States, and for disbursements to custodial parents and
other obligees, the State agency, and the agencies of other
States;
``(2) for accurate identification of payments;
``(3) to ensure prompt disbursement of the custodial
parent's share of any payment; and
``(4) to furnish to any parent, upon request, timely
information on the current status of support payments under
an order requiring payments to be made by or to the parent,
except that in cases described in subsection (a)(1)(B), the
State disbursement unit shall not be required to convert and
maintain in automated form records of payments kept pursuant
to section 466(a)(8)(B)(iii) before the effective date of
this section.
``(c) Timing of Disbursements.--
``(1) In general.--Except as provided in paragraph (2), the
State disbursement unit shall distribute all amounts payable
under section 457(a) within 2 business days after re
[[Page 1799]]
ceipt from the employer or other source of periodic income,
if sufficient information identifying the payee is provided.
``(2) Permissive retention of arrearages.--The State
disbursement unit may delay the distribution of collections
toward arrearages until the resolution of any timely appeal
with respect to such arrearages.
``(d) Business Day Defined.--As used in this section, the
term `business day' means a day on which State offices are
open for regular business.''.
(c) Use of Automated System.--Section 454A, as added by
section 344(a)(2) and as amended by section 311 of this Act,
is amended by adding at the end the following new subsection:
``(g) Collection and Distribution of Support Payments.--
``(1) In general.--The State shall use the automated system
required by this section, to the maximum extent feasible, to
assist and facilitate the collection and disbursement of
support payments through the State disbursement unit operated
under section 454B, through the performance of functions,
including, at a minimum--
``(A) transmission of orders and notices to employers (and
other debtors) for the withholding of income--
``(i) within 2 business days after receipt of notice of,
and the income source subject to, such withholding from a
court, another State, an employer, the Federal Parent Locator
Service, or another source recognized by the State; and
``(ii) using uniform formats prescribed by the Secretary;
``(B) ongoing monitoring to promptly identify failures to
make timely payment of support; and
``(C) automatic use of enforcement procedures (including
procedures authorized pursuant to section 466(c)) if payments
are not timely made.
``(2) Business day defined.--As used in paragraph (1), the
term `business day' means a day on which State offices are
open for regular business.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall become effective on
October 1, 1998.
(2) Limited exception to unit handling payments.--
Notwithstanding section 454B(b)(1) of the Social Security
Act, as added by this section, any State which, as of the
date of the enactment of this Act, processes the receipt of
child support payments through local courts may, at the
option of the State, continue to process through September
30, 1999, such payments through such courts as processed such
payments on or before such date of enactment.
SEC. 313. STATE DIRECTORY OF NEW HIRES.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a) and 312(a) of this Act,
is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by adding after paragraph (27) the following new
paragraph:
``(28) provide that, on and after October 1, 1997, the
State will operate a State Directory of New Hires in
accordance with section 453A.''.
(b) State Directory of New Hires.--Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 453 the
following new section:
``SEC. 453A. STATE DIRECTORY OF NEW HIRES.
``(a) Establishment.--
``(1) In general.--
``(A) Requirement for States that have no directory.--
Except as provided in subparagraph (B), not later than
October 1, 1997, each State shall establish an automated
directory (to be known as the `State Directory of New Hires')
which shall contain information supplied in accordance with
subsection (b) by employers on each newly hired employee.
``(B) States with new hire reporting in existence.--A State
which has a new hire reporting law in existence on the date
of the enactment of this section may continue to operate
under the State law, but the State must meet the requirements
of subsection (g)(2) not later than October 1, 1997, and the
requirements of this section (other than subsection (g)(2))
not later than October 1, 1998.
``(2) Definitions.--As used in this section:
``(A) Employee.--The term `employee'--
``(i) means an individual who is an employee within the
meaning of chapter 24 of the Internal Revenue Code of 1986;
and
``(ii) does not include an employee of a Federal or State
agency performing intelligence or counterintelligence
functions, if the head of such agency has determined that
reporting pursuant to paragraph (1) with respect to the
employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
``(B) Employer.--
``(i) In general.--The term `employer' has the meaning
given such term in section 3401(d) of the Internal Revenue
Code of 1986 and includes any governmental entity and any
labor organization.
``(ii) Labor organization.--The term `labor organization'
shall have the meaning given such term in section 2(5) of the
National Labor Relations Act, and includes any entity (also
known as a `hiring hall') which is used by the organization
and an employer to carry out requirements described in
section 8(f)(3) of such Act of an agreement between the
organization and the employer.
``(b) Employer Information.--
``(1) Reporting requirement.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), each employer shall furnish to the Directory of New
Hires of the State in which a newly hired employee works, a
report that contains the name, address, and social security
number of the employee, and the name and address of, and
identifying number assigned under section 6109 of the
Internal Revenue Code of 1986 to, the employer.
``(B) Multistate employers.--An employer that has employees
who are employed in 2 or more States and that transmits
reports magnetically or electronically may comply with
subparagraph (A) by designating 1 State in which such
employer has employees to which the employer will transmit
the report described in subparagraph (A), and transmitting
such report to such State. Any employer that transmits
reports pursuant to this subparagraph shall notify the
Secretary in writing as to which State such employer
designates for the purpose of sending reports.
``(C) Federal government employers.--Any department,
agency, or instrumentality of the United States shall comply
with subparagraph (A) by transmitting the report described in
subparagraph (A) to the National Directory of New Hires
established pursuant to section 453.
``(2) Timing of report.--Each State may provide the time
within which the report required by paragraph (1) shall be
made with respect to an employee, but such report shall be
made--
``(A) not later than 20 days after the date the employer
hires the employee; or
``(B) in the case of an employer transmitting reports
magnetically or electronically, by 2 monthly transmissions
(if necessary) not less than 12 days nor more than 16 days
apart.
``(c) Reporting Format and Method.--Each report required by
subsection (b) shall be made on a W-4 form or, at the option
of the employer, an equivalent form, and may be transmitted
by 1st class mail, magnetically, or electronically.
``(d) Civil Money Penalties on Noncomplying Employers.--The
State shall have the option to set a State civil money
penalty which shall be less than--
``(1) $25; or
``(2) $500 if, under State law, the failure is the result
of a conspiracy between the employer and the employee to not
supply the required report or to supply a false or incomplete
report.
``(e) Entry of Employer Information.--Information shall be
entered into the data base maintained by the State Directory
of New Hires within 5 business days of receipt from an
employer pursuant to subsection (b).
``(f) Information Comparisons.--
``(1) In general.--Not later than May 1, 1998, an agency
designated by the State shall, directly or by contract,
conduct automated comparisons of the social security numbers
reported by employers pursuant to subsection (b) and the
social security numbers appearing in the records of the State
case registry for cases being enforced under the State plan.
``(2) Notice of match.--When an information comparison
conducted under paragraph (1) reveals a match with respect to
the social security number of an individual required to
provide support under a support order, the State Directory of
New Hires shall provide the agency administering the State
plan approved under this part of the appropriate State with
the name, address, and social security number of the employee
to whom the social security number is assigned, and the name
and address of, and identifying number assigned under section
6109 of the Internal Revenue Code of 1986 to, the employer.
``(g) Transmission of Information.--
``(1) Transmission of wage withholding notices to
employers.--Within 2 business days after the date information
regarding a newly hired employee is entered into the State
Directory of New Hires, the State agency enforcing the
employee's child support obligation shall transmit a notice
to the employer of the employee directing the employer to
withhold from the income of the employee an amount equal to
the monthly (or other periodic) child support obligation
(including any past due support obligation) of the employee,
unless the employee's income is not subject to withholding
pursuant to section 466(b)(3).
``(2) Transmissions to the national directory of new
hires.--
``(A) New hire information.--Within 3 business days after
the date information regarding a newly hired employee is
entered into the State Directory of New Hires, the State
Directory of New Hires shall furnish the information to the
National Directory of New Hires.
``(B) Wage and unemployment compensation information.--The
State Directory of New Hires shall, on a quarterly basis,
furnish to the National Directory of New Hires extracts of
the reports required under section 303(a)(6) to be made to
the Secretary of Labor concerning the wages and unemployment
compensation paid to individuals, by such dates, in such
format, and containing such information as the Secretary of
Health and Human Services shall specify in regulations.
``(3) Business day defined.--As used in this subsection,
the term `business day' means a day on which State offices
are open for regular business.
``(h) Other Uses of New Hire Information.--
[[Page 1800]]
``(1) Location of child support obligors.--The agency
administering the State plan approved under this part shall
use information received pursuant to subsection (f)(2) to
locate individuals for purposes of establishing paternity and
establishing, modifying, and enforcing child support
obligations, and may disclose such information to any agent
of the agency that is under contract with the agency to carry
out such purposes.
``(2) Verification of eligibility for certain programs.--A
State agency responsible for administering a program
specified in section 1137(b) shall have access to information
reported by employers pursuant to subsection (b) of this
section for purposes of verifying eligibility for the
program.
``(3) Administration of employment security and workers'
compensation.--State agencies operating employment security
and workers' compensation programs shall have access to
information reported by employers pursuant to subsection (b)
for the purposes of administering such programs.''.
(c) Quarterly Wage Reporting.--Section 1137(a)(3) (42
U.S.C. 1320b-7(a)(3)) is amended--
(1) by inserting ``(including State and local governmental
entities and labor organizations (as defined in section
453A(a)(2)(B)(iii))'' after ``employers''; and
(2) by inserting ``, and except that no report shall be
filed with respect to an employee of a State or local agency
performing intelligence or counterintelligence functions, if
the head of such agency has determined that filing such a
report could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission''
after ``paragraph (2)''.
(d) Disclosure to Certain Agents.--Section 303(e) (42
U.S.C. 503(e)) is amended by adding at the end the following:
``(5) A State or local child support enforcement agency may
disclose to any agent of the agency that is under contract
with the agency to carry out the purposes described in
paragraph (1)(B) wage information that is disclosed to an
officer or employee of the agency under paragraph (1)(A). Any
agent of a State or local child support agency that receives
wage information under this paragraph shall comply with the
safeguards established pursuant to paragraph (1)(B).''.
SEC. 314. AMENDMENTS CONCERNING INCOME WITHHOLDING.
(a) Mandatory Income Withholding.--
(1) In general.--Section 466(a)(1) (42 U.S.C. 666(a)(1)) is
amended to read as follows:
``(1)(A) Procedures described in subsection (b) for the
withholding from income of amounts payable as support in
cases subject to enforcement under the State plan.
``(B) Procedures under which the income of a person with a
support obligation imposed by a support order issued (or
modified) in the State before October 1, 1996, if not
otherwise subject to withholding under subsection (b), shall
become subject to withholding as provided in subsection (b)
if arrearages occur, without the need for a judicial or
administrative hearing.''.
(2) Conforming amendments.--
(A) Section 466(b) (42 U.S.C. 666(b)) is amended in the
matter preceding paragraph (1), by striking ``subsection
(a)(1)'' and inserting ``subsection (a)(1)(A)''.
(B) Section 466(b)(4) (42 U.S.C. 666(b)(4)) is amended to
read as follows:
``(4)(A) Such withholding must be carried out in full
compliance with all procedural due process requirements of
the State, and the State must send notice to each
noncustodial parent to whom paragraph (1) applies--
``(i) that the withholding has commenced; and
``(ii) of the procedures to follow if the noncustodial
parent desires to contest such withholding on the grounds
that the withholding or the amount withheld is improper due
to a mistake of fact.
``(B) The notice under subparagraph (A) of this paragraph
shall include the information provided to the employer under
paragraph (6)(A).''.
(C) Section 466(b)(5) (42 U.S.C. 666(b)(5)) is amended by
striking all that follows ``administered by'' and inserting
``the State through the State disbursement unit established
pursuant to section 454B, in accordance with the requirements
of section 454B.''.
(D) Section 466(b)(6)(A) (42 U.S.C. 666(b)(6)(A)) is
amended--
(i) in clause (i), by striking ``to the appropriate
agency'' and all that follows and inserting ``to the State
disbursement unit within 7 business days after the date the
amount would (but for this subsection) have been paid or
credited to the employee, for distribution in accordance with
this part. The employer shall withhold funds as directed in
the notice, except that when an employer receives an income
withholding order issued by another State, the employer shall
apply the income withholding law of the state of the
obligor's principal place of employment in determining--
``(I) the employer's fee for processing an income
withholding order;
``(II) the maximum amount permitted to be withheld from the
obligor's income;
``(III) the time periods within which the employer must
implement the income withholding order and forward the child
support payment;
``(IV) the priorities for withholding and allocating income
withheld for multiple child support obligees; and
``(V) any withholding terms or conditions not specified in
the order.
An employer who complies with an income withholding notice
that is regular on its face shall not be subject to civil
liability to any individual or agency for conduct in
compliance with the notice.'';
(ii) in clause (ii), by inserting ``be in a standard format
prescribed by the Secretary, and'' after ``shall''; and
(iii) by adding at the end the following new clause:
``(iii) As used in this subparagraph, the term `business
day' means a day on which State offices are open for regular
business.''.
(E) Section 466(b)(6)(D) (42 U.S.C. 666(b)(6)(D)) is
amended by striking ``any employer'' and all that follows and
inserting ``any employer who--
``(i) discharges from employment, refuses to employ, or
takes disciplinary action against any noncustodial parent
subject to income withholding required by this subsection
because of the existence of such withholding and the
obligations or additional obligations which it imposes upon
the employer; or
``(ii) fails to withhold support from income or to pay such
amounts to the State disbursement unit in accordance with
this subsection.''.
(F) Section 466(b) (42 U.S.C. 666(b)) is amended by adding
at the end the following new paragraph:
``(11) Procedures under which the agency administering the
State plan approved under this part may execute a withholding
order without advance notice to the obligor, including
issuing the withholding order through electronic means.''.
(b) Definition of Income.--
(1) In general.--Section 466(b)(8) (42 U.S.C. 666(b)(8)) is
amended to read as follows:
``(8) For purposes of subsection (a) and this subsection,
the term `income' means any periodic form of payment due to
an individual, regardless of source, including wages,
salaries, commissions, bonuses, worker's compensation,
disability, payments pursuant to a pension or retirement
program, and interest.''.
(2) Conforming amendments.--
(A) Subsections (a)(8)(A), (a)(8)(B)(i), (b)(3)(A),
(b)(3)(B), (b)(6)(A)(i), and (b)(6)(C), and (b)(7) of section
466 (42 U.S.C. 666(a)(8)(A), (a)(8)(B)(i), (b)(3)(A),
(b)(3)(B), (b)(6)(A)(i), and (b)(6)(C), and (b)(7)) are each
amended by striking ``wages'' each place such term appears
and inserting ``income''.
(B) Section 466(b)(1) (42 U.S.C. 666(b)(1)) is amended by
striking ``wages (as defined by the State for purposes of
this section)'' and inserting ``income''.
(c) Conforming Amendment.--Section 466(c) (42 U.S.C.
666(c)) is repealed.
SEC. 315. LOCATOR INFORMATION FROM INTERSTATE NETWORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by inserting
after paragraph (11) the following new paragraph:
``(12) Locator information from interstate networks.--
Procedures to ensure that all Federal and State agencies
conducting activities under this part have access to any
system used by the State to locate an individual for purposes
relating to motor vehicles or law enforcement.''.
SEC. 316. EXPANSION OF THE FEDERAL PARENT LOCATOR SERVICE.
(a) Expanded Authority To Locate Individuals and Assets.--
Section 453 (42 U.S.C. 653) is amended--
(1) in subsection (a), by striking all that follows
``subsection (c))'' and inserting ``, for the purpose of
establishing parentage, establishing, setting the amount of,
modifying, or enforcing child support obligations, or
enforcing child custody or visitation orders--
``(1) information on, or facilitating the discovery of, the
location of any individual--
``(A) who is under an obligation to pay child support or
provide child custody or visitation rights;
``(B) against whom such an obligation is sought;
``(C) to whom such an obligation is owed,
including the individual's social security number (or
numbers), most recent address, and the name, address, and
employer identification number of the individual's employer;
``(2) information on the individual's wages (or other
income) from, and benefits of, employment (including rights
to or enrollment in group health care coverage); and
``(3) information on the type, status, location, and amount
of any assets of, or debts owed by or to, any such
individual.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``social security'' and all that follows through ``absent
parent'' and inserting ``information described in subsection
(a)''; and
(B) in the flush paragraph at the end, by adding the
following: ``No information shall be disclosed to any person
if the State has notified the Secretary that the State has
reasonable evidence of domestic violence or child abuse and
the disclosure of such information could be harmful to the
custodial parent or the child of such parent. Information
received or transmitted pursuant to this section shall be
subject to the safeguard provisions contained in section
454(26).''.
(b) Authorized Person for Information Regarding Visitation
Rights.--Section 453(c) (42 U.S.C. 653(c)) is amended--
(1) in paragraph (1), by striking ``support'' and inserting
``support or to seek to enforce orders providing child
custody or visitation rights''; and
(2) in paragraph (2), by striking ``, or any agent of such
court; and'' and inserting ``or to issue an order against a
resident parent for child custody or visitation rights, or
any agent of such court;''.
[[Page 1801]]
(c) Reimbursement for Information From Federal Agencies.--
Section 453(e)(2) (42 U.S.C. 653(e)(2)) is amended in the 4th
sentence by inserting ``in an amount which the Secretary
determines to be reasonable payment for the information
exchange (which amount shall not include payment for the
costs of obtaining, compiling, or maintaining the
information)'' before the period.
(d) Reimbursement for Reports by State Agencies.--Section
453 (42 U.S.C. 653) is amended by adding at the end the
following new subsection:
``(g) Reimbursement for Reports by State Agencies.--The
Secretary may reimburse Federal and State agencies for the
costs incurred by such entities in furnishing information
requested by the Secretary under this section in an amount
which the Secretary determines to be reasonable payment for
the information exchange (which amount shall not include
payment for the costs of obtaining, compiling, or maintaining
the information).''.
(e) Conforming Amendments.--
(1) Sections 452(a)(9), 453(a), 453(b), 463(a), 463(e), and
463(f) (42 U.S.C. 652(a)(9), 653(a), 653(b), 663(a), 663(e),
and 663(f)) are each amended by inserting ``Federal'' before
``Parent'' each place such term appears.
(2) Section 453 (42 U.S.C. 653) is amended in the heading
by adding ``federal'' before ``parent''.
(f) New Components.--Section 453 (42 U.S.C. 653), as
amended by subsection (d) of this section, is amended by
adding at the end the following new subsections:
``(h) Federal Case Registry of Child Support Orders.--
``(1) In general.--Not later than October 1, 1998, in order
to assist States in administering programs under State plans
approved under this part and programs funded under part A,
and for the other purposes specified in this section, the
Secretary shall establish and maintain in the Federal Parent
Locator Service an automated registry (which shall be known
as the `Federal Case Registry of Child Support Orders'),
which shall contain abstracts of support orders and other
information described in paragraph (2) with respect to each
case in each State case registry maintained pursuant to
section 454A(e), as furnished (and regularly updated),
pursuant to section 454A(f), by State agencies administering
programs under this part.
``(2) Case information.--The information referred to in
paragraph (1) with respect to a case shall be such
information as the Secretary may specify in regulations
(including the names, social security numbers or other
uniform identification numbers, and State case identification
numbers) to identify the individuals who owe or are owed
support (or with respect to or on behalf of whom support
obligations are sought to be established), and the State or
States which have the case.
``(i) National Directory of New Hires.--
``(1) In general.--In order to assist States in
administering programs under State plans approved under this
part and programs funded under part A, and for the other
purposes specified in this section, the Secretary shall, not
later than October 1, 1997, establish and maintain in the
Federal Parent Locator Service an automated directory to be
known as the National Directory of New Hires, which shall
contain the information supplied pursuant to section
453A(g)(2).
``(2) Entry of data.--Information shall be entered into the
data base maintained by the National Directory of New Hires
within 2 business days of receipt pursuant to section
453A(g)(2).
``(3) Administration of federal tax laws.--The Secretary of
the Treasury shall have access to the information in the
National Directory of New Hires for purposes of administering
section 32 of the Internal Revenue Code of 1986, or the
advance payment of the earned income tax credit under section
3507 of such Code, and verifying a claim with respect to
employment in a tax return.
``(4) List of multistate employers.--The Secretary shall
maintain within the National Directory of New Hires a list of
multistate employers that report information regarding newly
hired employees pursuant to section 453A(b)(1)(B), and the
State which each such employer has designated to receive such
information.
``(j) Information Comparisons and Other Disclosures.--
``(1) Verification by social security administration.--
``(A) In general.--The Secretary shall transmit information
on individuals and employers maintained under this section to
the Social Security Administration to the extent necessary
for verification in accordance with subparagraph (B).
``(B) Verification by ssa.--The Social Security
Administration shall verify the accuracy of, correct, or
supply to the extent possible, and report to the Secretary,
the following information supplied by the Secretary pursuant
to subparagraph (A):
``(i) The name, social security number, and birth date of
each such individual.
``(ii) The employer identification number of each such
employer.
``(2) Information comparisons.--For the purpose of locating
individuals in a paternity establishment case or a case
involving the establishment, modification, or enforcement of
a support order, the Secretary shall--
``(A) compare information in the National Directory of New
Hires against information in the support case abstracts in
the Federal Case Registry of Child Support Orders not less
often than every 2 business days; and
``(B) within 2 business days after such a comparison
reveals a match with respect to an individual, report the
information to the State agency responsible for the case.
``(3) Information comparisons and disclosures of
information in all registries for title iv program
purposes.--To the extent and with the frequency that the
Secretary determines to be effective in assisting States to
carry out their responsibilities under programs operated
under this part and programs funded under part A, the
Secretary shall--
``(A) compare the information in each component of the
Federal Parent Locator Service maintained under this section
against the information in each other such component (other
than the comparison required by paragraph (2)), and report
instances in which such a comparison reveals a match with
respect to an individual to State agencies operating such
programs; and
``(B) disclose information in such registries to such State
agencies.
``(4) Provision of new hire information to the social
security administration.--The National Directory of New Hires
shall provide the Commissioner of Social Security with all
information in the National Directory.
``(5) Research.--The Secretary may provide access to
information reported by employers pursuant to section 453A(b)
for research purposes found by the Secretary to be likely to
contribute to achieving the purposes of part A or this part,
but without personal identifiers.
``(k) Fees.--
``(1) For ssa verification.--The Secretary shall reimburse
the Commissioner of Social Security, at a rate negotiated
between the Secretary and the Commissioner, for the costs
incurred by the Commissioner in performing the verification
services described in subsection (j).
``(2) For information from state directories of new
hires.--The Secretary shall reimburse costs incurred by State
directories of new hires in furnishing information as
required by subsection (j)(3), at rates which the Secretary
determines to be reasonable (which rates shall not include
payment for the costs of obtaining, compiling, or maintaining
such information).
``(3) For information furnished to state and federal
agencies.--A State or Federal agency that receives
information from the Secretary pursuant to this section shall
reimburse the Secretary for costs incurred by the Secretary
in furnishing the information, at rates which the Secretary
determines to be reasonable (which rates shall include
payment for the costs of obtaining, verifying, maintaining,
and comparing the information).
``(l) Restriction on Disclosure and Use.--Information in
the Federal Parent Locator Service, and information resulting
from comparisons using such information, shall not be used or
disclosed except as expressly provided in this section,
subject to section 6103 of the Internal Revenue Code of 1986.
``(m) Information Integrity and Security.--The Secretary
shall establish and implement safeguards with respect to the
entities established under this section designed to--
``(1) ensure the accuracy and completeness of information
in the Federal Parent Locator Service; and
``(2) restrict access to confidential information in the
Federal Parent Locator Service to authorized persons, and
restrict use of such information to authorized purposes.
``(n) Federal Government Reporting.--Each department,
agency, and instrumentality of the United States shall on a
quarterly basis report to the Federal Parent Locator Service
the name and social security number of each employee and the
wages paid to the employee during the previous quarter,
except that such a report shall not be filed with respect to
an employee of a department, agency, or instrumentality
performing intelligence or counterintelligence functions, if
the head of such department, agency, or instrumentality has
determined that filing such a report could endanger the
safety of the employee or compromise an ongoing investigation
or intelligence mission.''.
(g) Conforming Amendments.--
(1) To part d of title iv of the social security act.--
(A) Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to
read as follows:
``(B) the Federal Parent Locator Service established under
section 453;''.
(B) Section 454(13) (42 U.S.C.654(13)) is amended by
inserting ``and provide that information requests by parents
who are residents of other States be treated with the same
priority as requests by parents who are residents of the
State submitting the plan'' before the semicolon.
(2) To federal unemployment tax act.--Section 3304(a)(16)
of the Internal Revenue Code of 1986 is amended--
(A) by striking ``Secretary of Health, Education, and
Welfare'' each place such term appears and inserting
``Secretary of Health and Human Services'';
(B) in subparagraph (B), by striking ``such information''
and all that follows and inserting ``information furnished
under subparagraph (A) or (B) is used only for the purposes
authorized under such subparagraph;'';
(C) by striking ``and'' at the end of subparagraph (A);
(D) by redesignating subparagraph (B) as subparagraph (C);
and
(E) by inserting after subparagraph (A) the following new
subparagraph:
``(B) wage and unemployment compensation information
contained in the records of such agency shall be furnished to
the Secretary of Health and Human Services (in accordance
with regulations promulgated by
[[Page 1802]]
such Secretary) as necessary for the purposes of the National
Directory of New Hires established under section 453(i) of
the Social Security Act, and''.
(3) To state grant program under title iii of the social
security act.--Subsection (h) of section 303 (42 U.S.C. 503)
is amended to read as follows:
``(h)(1) The State agency charged with the administration
of the State law shall, on a reimbursable basis--
``(A) disclose quarterly, to the Secretary of Health and
Human Services, wage and claim information, as required
pursuant to section 453(i)(1), contained in the records of
such agency;
``(B) ensure that information provided pursuant to
subparagraph (A) meets such standards relating to correctness
and verification as the Secretary of Health and Human
Services, with the concurrence of the Secretary of Labor, may
find necessary; and
``(C) establish such safeguards as the Secretary of Labor
determines are necessary to insure that information disclosed
under subparagraph (A) is used only for purposes of section
453(i)(1) in carrying out the child support enforcement
program under title IV.
``(2) Whenever the Secretary of Labor, after reasonable
notice and opportunity for hearing to the State agency
charged with the administration of the State law, finds that
there is a failure to comply substantially with the
requirements of paragraph (1), the Secretary of Labor shall
notify such State agency that further payments will not be
made to the State until the Secretary of Labor is satisfied
that there is no longer any such failure. Until the Secretary
of Labor is so satisfied, the Secretary shall make no future
certification to the Secretary of the Treasury with respect
to the State.
``(3) For purposes of this subsection--
``(A) the term `wage information' means information
regarding wages paid to an individual, the social security
account number of such individual, and the name, address,
State, and the Federal employer identification number of the
employer paying such wages to such individual; and
``(B) the term `claim information' means information
regarding whether an individual is receiving, has received,
or has made application for, unemployment compensation, the
amount of any such compensation being received (or to be
received by such individual), and the individual's current
(or most recent) home address.''.
(4) Disclosure of certain information to agents of child
support enforcement agencies.--
(A) In general.--Paragraph (6) of section 6103(l) of the
Internal Revenue Code of 1986 (relating to disclosure of
return information to Federal, State, and local child support
enforcement agencies) is amended by redesignating
subparagraph (B) as subparagraph (C) and by inserting after
subparagraph (A) the following new subparagraph:
``(B) Disclosure to certain agents.--The following
information disclosed to any child support enforcement agency
under subparagraph (A) with respect to any individual with
respect to whom child support obligations are sought to be
established or enforced may be disclosed by such agency to
any agent of such agency which is under contract with such
agency to carry out the purposes described in subparagraph
(C):
``(i) The address and social security account number (or
numbers) of such individual.
``(ii) The amount of any reduction under section 6402(c)
(relating to offset of past-due support against overpayments)
in any overpayment otherwise payable to such individual.''
(B) Conforming amendments.--
(i) Paragraph (3) of section 6103(a) of such Code is
amended by striking ``(l)(12)'' and inserting ``paragraph (6)
or (12) of subsection (l)''.
(ii) Subparagraph (C) of section 6103(l)(6) of such Code,
as redesignated by subsection (a), is amended to read as
follows:
``(C) Restriction on disclosure.--Information may be
disclosed under this paragraph only for purposes of, and to
the extent necessary in, establishing and collecting child
support obligations from, and locating, individuals owing
such obligations.''
(iii) The material following subparagraph (F) of section
6103(p)(4) of such Code is amended by striking ``subsection
(l)(12)(B)'' and inserting ``paragraph (6)(A) or (12)(B) of
subsection (l)''.
(h) Requirement for Cooperation.--The Secretary of Labor
and the Secretary of Health and Human Services shall work
jointly to develop cost-effective and efficient methods of
accessing the information in the various State directories of
new hires and the National Directory of New Hires as
established pursuant to the amendments made by this subtitle.
In developing these methods the Secretaries shall take into
account the impact, including costs, on the States, and shall
also consider the need to insure the proper and authorized
use of wage record information.
SEC. 317. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR
USE IN CHILD SUPPORT ENFORCEMENT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section
315 of this Act, is amended by inserting after paragraph (12)
the following new paragraph:
``(13) Recording of social security numbers in certain
family matters.--Procedures requiring that the social
security number of--
``(A) any applicant for a professional license, commercial
driver's license, occupational license, or marriage license
be recorded on the application;
``(B) any individual who is subject to a divorce decree,
support order, or paternity determination or acknowledgment
be placed in the records relating to the matter; and
``(C) any individual who has died be placed in the records
relating to the death and be recorded on the death
certificate.
For purposes of subparagraph (A), if a State allows the use
of a number other than the social security number, the State
shall so advise any applicants.''.
Subtitle C--Streamlining and Uniformity of Procedures
SEC. 321. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding at the end
the following new subsection:
``(f) Uniform Interstate Family Support Act.--In order to
satisfy section 454(20)(A), on and after January 1, 1998,
each State must have in effect the Uniform Interstate Family
Support Act, as approved by the American Bar Association on
February 9, 1993, together with any amendments officially
adopted before January 1, 1998 by the National Conference of
Commissioners on Uniform State Laws.''.
SEC. 322. IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD
SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is amended--
(1) in subsection (a)(2), by striking ``subsection (e)''
and inserting ``subsections (e), (f), and (i)'';
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
`` `child's home State' means the State in which a child
lived with a parent or a person acting as parent for at least
6 consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than 6 months old, the State in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month
period.'';
(3) in subsection (c), by inserting ``by a court of a
State'' before ``is made'';
(4) in subsection (c)(1), by inserting ``and subsections
(e), (f), and (g)'' after ``located'';
(5) in subsection (d)--
(A) by inserting ``individual'' before ``contestant''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(6) in subsection (e), by striking ``make a modification of
a child support order with respect to a child that is made''
and inserting ``modify a child support order issued'';
(7) in subsection (e)(1), by inserting ``pursuant to
subsection (i)'' before the semicolon;
(8) in subsection (e)(2)--
(A) by inserting ``individual'' before ``contestant'' each
place such term appears; and
(B) by striking ``to that court's making the modification
and assuming'' and inserting ``with the State of continuing,
exclusive jurisdiction for a court of another State to modify
the order and assume'';
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(10) by inserting after subsection (e) the following new
subsection:
``(f) Recognition of Child Support Orders.--If 1 or more
child support orders have been issued with regard to an
obligor and a child, a court shall apply the following rules
in determining which order to recognize for purposes of
continuing, exclusive jurisdiction and enforcement:
``(1) If only 1 court has issued a child support order, the
order of that court must be recognized.
``(2) If 2 or more courts have issued child support orders
for the same obligor and child, and only 1 of the courts
would have continuing, exclusive jurisdiction under this
section, the order of that court must be recognized.
``(3) If 2 or more courts have issued child support orders
for the same obligor and child, and more than 1 of the courts
would have continuing, exclusive jurisdiction under this
section, an order issued by a court in the current home State
of the child must be recognized, but if an order has not been
issued in the current home State of the child, the order most
recently issued must be recognized.
``(4) If 2 or more courts have issued child support orders
for the same obligor and child, and none of the courts would
have continuing, exclusive jurisdiction under this section, a
court may issue a child support order, which must be
recognized.
``(5) The court that has issued an order recognized under
this subsection is the court having continuing, exclusive
jurisdiction.'';
(11) in subsection (g) (as so redesignated)--
(A) by striking ``Prior'' and inserting ``Modified''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(12) in subsection (h) (as so redesignated)--
(A) in paragraph (2), by inserting ``including the duration
of current payments and other obligations of support'' before
the comma; and
(B) in paragraph (3), by inserting ``arrears under'' after
``enforce''; and
(13) by adding at the end the following new subsection:
``(i) Registration for Modification.--If there is no
individual contestant or child residing in the issuing State,
the party or support enforcement agency seeking to modify, or
to modify and enforce, a child support order issued in
another State shall register that order in a State with
jurisdiction over
[[Page 1803]]
the nonmovant for the purpose of modification.''.
SEC. 323. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315 and 317 of this Act, is amended by inserting after
paragraph (13) the following new paragraph:
``(14) Administrative enforcement in interstate cases.--
Procedures under which--
``(A)(i) the State shall respond within 5 business days to
a request made by another State to enforce a support order;
and
``(ii) the term `business day' means a day on which State
offices are open for regular business;
``(B) the State may, by electronic or other means, transmit
to another State a request for assistance in a case involving
the enforcement of a support order, which request--
``(i) shall include such information as will enable the
State to which the request is transmitted to compare the
information about the case to the information in the data
bases of the State; and
``(ii) shall constitute a certification by the requesting
State--
``(I) of the amount of support under the order the payment
of which is in arrears; and
``(II) that the requesting State has complied with all
procedural due process requirements applicable to the case;
``(C) if the State provides assistance to another State
pursuant to this paragraph with respect to a case, neither
State shall consider the case to be transferred to the
caseload of such other State; and
``(D) the State shall maintain records of--
``(i) the number of such requests for assistance received
by the State;
``(ii) the number of cases for which the State collected
support in response to such a request; and
``(iii) the amount of such collected support.''.
SEC. 324. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) Promulgation.--Section 452(a) (42 U.S.C. 652(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) (as
amended by section 346(a) of this Act) and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(11) not later than October 1, 1996, after consulting
with the State directors of programs under this part,
promulgate forms to be used by States in interstate cases
for--
``(A) collection of child support through income
withholding;
``(B) imposition of liens; and
``(C) administrative subpoenas.''.
(b) Use by States.--Section 454(9) (42 U.S.C. 654(9)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
and
(3) by adding at the end the following new subparagraph:
``(E) not later than March 1, 1997, in using the forms
promulgated pursuant to section 452(a)(11) for income
withholding, imposition of liens, and issuance of
administrative subpoenas in interstate child support
cases;''.
SEC. 325. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
(a) State Law Requirements.--Section 466 (42 U.S.C. 666),
as amended by section 314 of this Act, is amended--
(1) in subsection (a)(2), by striking the first sentence
and inserting the following: ``Expedited administrative and
judicial procedures (including the procedures specified in
subsection (c)) for establishing paternity and for
establishing, modifying, and enforcing support
obligations.''; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Expedited Procedures.--The procedures specified in
this subsection are the following:
``(1) Administrative action by state agency.--Procedures
which give the State agency the authority to take the
following actions relating to establishment of paternity or
to establishment, modification, or enforcement of support
orders, without the necessity of obtaining an order from any
other judicial or administrative tribunal, and to recognize
and enforce the authority of State agencies of other States
to take the following actions:
``(A) Genetic testing.--To order genetic testing for the
purpose of paternity establishment as provided in section
466(a)(5).
``(B) Financial or other information.--To subpoena any
financial or other information needed to establish, modify,
or enforce a support order, and to impose penalties for
failure to respond to such a subpoena.
``(C) Response to state agency request.--To require all
entities in the State (including for-profit, nonprofit, and
governmental employers) to provide promptly, in response to a
request by the State agency of that or any other State
administering a program under this part, information on the
employment, compensation, and benefits of any individual
employed by such entity as an employee or contractor, and to
sanction failure to respond to any such request.
``(D) Access to information contained in certain records.--
To obtain access, subject to safeguards on privacy and
information security, and subject to the nonliability of
entities that afford such access under this subparagraph, to
information contained in the following records (including
automated access, in the case of records maintained in
automated data bases):
``(i) Records of other State and local government agencies,
including--
``(I) vital statistics (including records of marriage,
birth, and divorce);
``(II) State and local tax and revenue records (including
information on residence address, employer, income and
assets);
``(III) records concerning real and titled personal
property;
``(IV) records of occupational and professional licenses,
and records concerning the ownership and control of
corporations, partnerships, and other business entities;
``(V) employment security records;
``(VI) records of agencies administering public assistance
programs;
``(VII) records of the motor vehicle department; and
``(VIII) corrections records.
``(ii) Certain records held by private entities with
respect to individuals who owe or are owed support (or
against or with respect to whom a support obligation is
sought), consisting of--
``(I) the names and addresses of such individuals and the
names and addresses of the employers of such individuals, as
appearing in customer records of public utilities and cable
television companies, pursuant to an administrative subpoena
authorized by subparagraph (B); and
``(II) information (including information on assets and
liabilities) on such individuals held by financial
institutions.
``(E) Change in payee.--In cases in which support is
subject to an assignment in order to comply with a
requirement imposed pursuant to part A or section 1912, or to
a requirement to pay through the State disbursement unit
established pursuant to section 454B, upon providing notice
to obligor and obligee, to direct the obligor or other payor
to change the payee to the appropriate government entity.
``(F) Income withholding.--To order income withholding in
accordance with subsections (a)(1)(A) and (b) of section 466.
``(G) Securing assets.--In cases in which there is a
support arrearage, to secure assets to satisfy the arrearage
by--
``(i) intercepting or seizing periodic or lump-sum payments
from--
``(I) a State or local agency, including unemployment
compensation, workers' compensation, and other benefits; and
``(II) judgments, settlements, and lotteries;
``(ii) attaching and seizing assets of the obligor held in
financial institutions;
``(iii) attaching public and private retirement funds; and
``(iv) imposing liens in accordance with subsection (a)(4)
and, in appropriate cases, to force sale of property and
distribution of proceeds.
``(H) Increase monthly payments.--For the purpose of
securing overdue support, to increase the amount of monthly
support payments to include amounts for arrearages, subject
to such conditions or limitations as the State may provide.
Such procedures shall be subject to due process safeguards,
including (as appropriate) requirements for notice,
opportunity to contest the action, and opportunity for an
appeal on the record to an independent administrative or
judicial tribunal.
``(2) Substantive and procedural rules.--The expedited
procedures required under subsection (a)(2) shall include the
following rules and authority, applicable with respect to all
proceedings to establish paternity or to establish, modify,
or enforce support orders:
``(A) Locator information; presumptions concerning
notice.--Procedures under which--
``(i) each party to any paternity or child support
proceeding is required (subject to privacy safeguards) to
file with the tribunal and the State case registry upon entry
of an order, and to update as appropriate, information on
location and identity of the party, including social security
number, residential and mailing addresses, telephone number,
driver's license number, and name, address, and telephone
number of employer; and
``(ii) in any subsequent child support enforcement action
between the parties, upon sufficient showing that diligent
effort has been made to ascertain the location of such a
party, the tribunal may deem State due process requirements
for notice and service of process to be met with respect to
the party, upon delivery of written notice to the most recent
residential or employer address filed with the tribunal
pursuant to clause (i).
``(B) Statewide jurisdiction.--Procedures under which--
``(i) the State agency and any administrative or judicial
tribunal with authority to hear child support and paternity
cases exerts statewide jurisdiction over the parties; and
``(ii) in a State in which orders are issued by courts or
administrative tribunals, a case may be transferred between
local jurisdictions in the State without need for any
additional filing by the petitioner, or service of process
upon the respondent, to retain jurisdiction over the parties.
``(3) Coordination with erisa.--Notwithstanding subsection
(d) of section 514 of the Employee Retirement Income Security
Act of 1974 (relating to effect on other laws), nothing in
this subsection shall be construed to alter, amend, modify,
invalidate, impair, or supersede subsections (a), (b), and
(c) of such section 514 as it applies with respect to any
procedure referred to in paragraph (1) and any expedited
procedure referred to in paragraph (2), except to the extent
that such
[[Page 1804]]
procedure would be consistent with the requirements of
section 206(d)(3) of such Act (relating to qualified domestic
relations orders) or the requirements of section 609(a) of
such Act (relating to qualified medical child support orders)
if the reference in such section 206(d)(3) to a domestic
relations order and the reference in such section 609(a) to a
medical child support order were a reference to a support
order referred to in paragraphs (1) and (2) relating to the
same matters, respectively.''.
(b) Automation of State Agency Functions.--Section 454A, as
added by section 344(a)(2) and as amended by sections 311 and
312(c) of this Act, is amended by adding at the end the
following new subsection:
``(h) Expedited Administrative Procedures.--The automated
system required by this section shall be used, to the maximum
extent feasible, to implement the expedited administrative
procedures required by section 466(c).''.
Subtitle D--Paternity Establishment
SEC. 331. STATE LAWS CONCERNING PATERNITY ESTABLISHMENT.
(a) State Laws Required.--Section 466(a)(5) (42 U.S.C.
666(a)(5)) is amended to read as follows:
``(5) Procedures concerning paternity establishment.--
``(A) Establishment process available from birth until age
18.--
``(i) Procedures which permit the establishment of the
paternity of a child at any time before the child attains 18
years of age.
``(ii) As of August 16, 1984, clause (i) shall also apply
to a child for whom paternity has not been established or for
whom a paternity action was brought but dismissed because a
statute of limitations of less than 18 years was then in
effect in the State.
``(B) Procedures concerning genetic testing.--
``(i) Genetic testing required in certain contested
cases.--Procedures under which the State is required, in a
contested paternity case (unless otherwise barred by State
law) to require the child and all other parties (other than
individuals found under section 454(29) to have good cause
and other exceptions for refusing to cooperate) to submit to
genetic tests upon the request of any such party, if the
request is supported by a sworn statement by the party--
``(I) alleging paternity, and setting forth facts
establishing a reasonable possibility of the requisite sexual
contact between the parties; or
``(II) denying paternity, and setting forth facts
establishing a reasonable possibility of the nonexistence of
sexual contact between the parties.
``(ii) Other requirements.--Procedures which require the
State agency, in any case in which the agency orders genetic
testing--
``(I) to pay costs of such tests, subject to recoupment (if
the State so elects) from the alleged father if paternity is
established; and
``(II) to obtain additional testing in any case if an
original test result is contested, upon request and advance
payment by the contestant.
``(C) Voluntary paternity acknowledgment.--
``(i) Simple civil process.--Procedures for a simple civil
process for voluntarily acknowledging paternity under which
the State must provide that, before a mother and a putative
father can sign an acknowledgment of paternity, the mother
and the putative father must be given notice, orally and in
writing, of the alternatives to, the legal consequences of,
and the rights (including, if 1 parent is a minor, any rights
afforded due to minority status) and responsibilities that
arise from, signing the acknowledgment.
``(ii) Hospital-based program.--Such procedures must
include a hospital-based program for the voluntary
acknowledgment of paternity focusing on the period
immediately before or after the birth of a child.
``(iii) Paternity establishment services.--
``(I) State-offered services.--Such procedures must require
the State agency responsible for maintaining birth records to
offer voluntary paternity establishment services.
``(II) Regulations.--
``(aa) Services offered by hospitals and birth record
agencies.--The Secretary shall prescribe regulations
governing voluntary paternity establishment services offered
by hospitals and birth record agencies.
``(bb) Services offered by other entities.--The Secretary
shall prescribe regulations specifying the types of other
entities that may offer voluntary paternity establishment
services, and governing the provision of such services, which
shall include a requirement that such an entity must use the
same notice provisions used by, use the same materials used
by, provide the personnel providing such services with the
same training provided by, and evaluate the provision of such
services in the same manner as the provision of such services
is evaluated by, voluntary paternity establishment programs
of hospitals and birth record agencies.
``(iv) Use of paternity acknowledgment affidavit.--Such
procedures must require the State to develop and use an
affidavit for the voluntary acknowledgment of paternity which
includes the minimum requirements of the affidavit specified
by the Secretary under section 452(a)(7) for the voluntary
acknowledgment of paternity, and to give full faith and
credit to such an affidavit signed in any other State
according to its procedures.
``(D) Status of signed paternity acknowledgment.--
``(i) Inclusion in birth records.--Procedures under which
the name of the father shall be included on the record of
birth of the child of unmarried parents only if--
``(I) the father and mother have signed a voluntary
acknowledgment of paternity; or
``(II) a court or an administrative agency of competent
jurisdiction has issued an adjudication of paternity.
Nothing in this clause shall preclude a State agency from
obtaining an admission of paternity from the father for
submission in a judicial or administrative proceeding, or
prohibit the issuance of an order in a judicial or
administrative proceeding which bases a legal finding of
paternity on an admission of paternity by the father and any
other additional showing required by State law.
``(ii) Legal finding of paternity.--Procedures under which
a signed voluntary acknowledgment of paternity is considered
a legal finding of paternity, subject to the right of any
signatory to rescind the acknowledgment within the earlier
of--
``(I) 60 days; or
``(II) the date of an administrative or judicial proceeding
relating to the child (including a proceeding to establish a
support order) in which the signatory is a party.
``(iii) Contest.--Procedures under which, after the 60-day
period referred to in clause (ii), a signed voluntary
acknowledgment of paternity may be challenged in court only
on the basis of fraud, duress, or material mistake of fact,
with the burden of proof upon the challenger, and under which
the legal responsibilities (including child support
obligations) of any signatory arising from the acknowledgment
may not be suspended during the challenge, except for good
cause shown.
``(E) Bar on acknowledgment ratification proceedings.--
Procedures under which judicial or administrative proceedings
are not required or permitted to ratify an unchallenged
acknowledgment of paternity.
``(F) Admissibility of genetic testing results.--
Procedures--
``(i) requiring the admission into evidence, for purposes
of establishing paternity, of the results of any genetic test
that is--
``(I) of a type generally acknowledged as reliable by
accreditation bodies designated by the Secretary; and
``(II) performed by a laboratory approved by such an
accreditation body;
``(ii) requiring an objection to genetic testing results to
be made in writing not later than a specified number of days
before any hearing at which the results may be introduced
into evidence (or, at State option, not later than a
specified number of days after receipt of the results); and
``(iii) making the test results admissible as evidence of
paternity without the need for foundation testimony or other
proof of authenticity or accuracy, unless objection is made.
``(G) Presumption of paternity in certain cases.--
Procedures which create a rebuttable or, at the option of the
State, conclusive presumption of paternity upon genetic
testing results indicating a threshold probability that the
alleged father is the father of the child.
``(H) Default orders.--Procedures requiring a default order
to be entered in a paternity case upon a showing of service
of process on the defendant and any additional showing
required by State law.
``(I) No right to jury trial.--Procedures providing that
the parties to an action to establish paternity are not
entitled to a trial by jury.
``(J) Temporary support order based on probable paternity
in contested cases.--Procedures which require that a
temporary order be issued, upon motion by a party, requiring
the provision of child support pending an administrative or
judicial determination of parentage, if there is clear and
convincing evidence of paternity (on the basis of genetic
tests or other evidence).
``(K) Proof of certain support and paternity establishment
costs.--Procedures under which bills for pregnancy,
childbirth, and genetic testing are admissible as evidence
without requiring third-party foundation testimony, and shall
constitute prima facie evidence of amounts incurred for such
services or for testing on behalf of the child.
``(L) Standing of putative fathers.--Procedures ensuring
that the putative father has a reasonable opportunity to
initiate a paternity action.
``(M) Filing of acknowledgments and adjudications in state
registry of birth records.--Procedures under which voluntary
acknowledgments and adjudications of paternity by judicial or
administrative processes are filed with the State registry of
birth records for comparison with information in the State
case registry.''.
(b) National Paternity Acknowledgment Affidavit.--Section
452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting ``,
and specify the minimum requirements of an affidavit to be
used for the voluntary acknowledgment of paternity which
shall include the social security number of each parent and,
after consultation with the States, other common elements as
determined by such designee'' before the semicolon.
(c) Conforming Amendment.--Section 468 (42 U.S.C. 668) is
amended by striking ``a simple civil process for voluntarily
acknowledging paternity and''.
SEC. 332. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by inserting
``and will publicize the availability and encourage the use
of procedures
[[Page 1805]]
for voluntary establishment of paternity and child support by
means the State deems appropriate'' before the semicolon.
SEC. 333. COOPERATION BY APPLICANTS FOR AND RECIPIENTS OF
PART A ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections 301(b),
303(a), 312(a), and 313(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) provide that the State agency responsible for
administering the State plan--
``(A) shall make the determination (and redetermination at
appropriate intervals) as to whether an individual who has
applied for or is receiving assistance under the State
program funded under part A of this title or the State
program under title XIX is cooperating in good faith with the
State in establishing the paternity of, or in establishing,
modifying, or enforcing a support order for, any child of the
individual by providing the State agency with the name of,
and such other information as the State agency may require
with respect to, the noncustodial parent of the child,
subject to good cause and other exceptions which--
``(i) shall be defined, taking into account the best
interests of the child, and
``(ii) shall be applied in each case,
by, at the option of the State, the State agency
administering the State program under part A, this part, or
title XIX;
``(B) shall require the individual to supply additional
necessary information and appear at interviews, hearings, and
legal proceedings;
``(C) shall require the individual and the child to submit
to genetic tests pursuant to judicial or administrative
order;
``(D) may request that the individual sign a voluntary
acknowledgment of paternity, after notice of the rights and
consequences of such an acknowledgment, but may not require
the individual to sign an acknowledgment or otherwise
relinquish the right to genetic tests as a condition of
cooperation and eligibility for assistance under the State
program funded under part A, or the State program under title
XIX; and
``(E) shall promptly notify the individual, the State
agency administering the State program funded under part A,
and the State agency administering the State program under
title XIX, of each such determination, and if noncooperation
is determined, the basis therefor.''.
Subtitle E--Program Administration and Funding
SEC. 341. PERFORMANCE-BASED INCENTIVES AND PENALTIES.
(a) Development of New System.--The Secretary of Health and
Human Services, in consultation with State directors of
programs under part D of title IV of the Social Security Act,
shall develop a new incentive system to replace, in a revenue
neutral manner, the system under section 458 of such Act. The
new system shall provide additional payments to any State
based on such State's performance under such a program. Not
later than March 1, 1997, the Secretary shall report on the
new system to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
(b) Conforming Amendments to Present System.--Section 458
(42 U.S.C. 658) is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved under part A
of this title'' and inserting ``assistance under a program
funded under part A'';
(2) in subsection (b)(1)(A), by striking ``section
402(a)(26)'' and inserting ``section 408(a)(3)'';
(3) in subsections (b) and (c)--
(A) by striking ``AFDC collections'' each place it appears
and inserting ``title IV-A collections'', and
(B) by striking ``non-AFDC collections'' each place it
appears and inserting ``non-title IV-A collections''; and
(4) in subsection (c), by striking ``combined AFDC/non-AFDC
administrative costs'' both places it appears and inserting
``combined title IV-A/non-title IV-A administrative costs''.
(c) Calculation of Paternity Establishment Percentage.--
(1) Section 452(g)(1)(A) (42 U.S.C. 652(g)(1)(A)) is
amended by striking ``75'' and inserting ``90''.
(2) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is amended--
(A) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively, and by inserting
after subparagraph (A) the following new subparagraph:
``(B) for a State with a paternity establishment percentage
of not less than 75 percent but less than 90 percent for such
fiscal year, the paternity establishment percentage of the
State for the immediately preceding fiscal year plus 2
percentage points;''; and
(B) by adding at the end the following new flush sentence:
``In determining compliance under this section, a State may
use as its paternity establishment percentage either the
State's IV-D paternity establishment percentage (as defined
in paragraph (2)(A)) or the State's statewide paternity
establishment percentage (as defined in paragraph (2)(B)).''.
(3) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``paternity establishment percentage'' and
inserting ``IV-D paternity establishment percentage''; and
(II) by striking ``(or all States, as the case may be)'';
and
(ii) by striking ``and'' at the end; and
(B) by redesignating subparagraph (B) as subparagraph (C)
and by inserting after subparagraph (A) the following new
subparagraph:
``(B) the term `statewide paternity establishment
percentage' means, with respect to a State for a fiscal year,
the ratio (expressed as a percentage) that the total number
of minor children--
``(i) who have been born out of wedlock, and
``(ii) the paternity of whom has been established or
acknowledged during the fiscal year,
bears to the total number of children born out of wedlock
during the preceding fiscal year; and''.
(4) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is amended--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively; and
(B) in subparagraph (A) (as so redesignated), by striking
``the percentage of children born out-of-wedlock in a State''
and inserting ``the percentage of children in a State who are
born out of wedlock or for whom support has not been
established''.
(d) Effective Dates.--
(1) Incentive adjustments.--
(A) In general.--The system developed under subsection (a)
and the amendments made by subsection (b) shall become
effective on October 1, 1999, except to the extent provided
in subparagraph (B).
(B) Application of section 458.--Section 458 of the Social
Security Act, as in effect on the day before the date of the
enactment of this section, shall be effective for purposes of
incentive payments to States for fiscal years before fiscal
year 2000.
(2) Penalty reductions.--The amendments made by subsection
(c) shall become effective with respect to calendar quarters
beginning on or after the date of the enactment of this Act.
SEC. 342. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) State Agency Activities.--Section 454 (42 U.S.C. 654)
is amended--
(1) in paragraph (14), by striking ``(14)'' and inserting
``(14)(A)'';
(2) by redesignating paragraph (15) as subparagraph (B) of
paragraph (14); and
(3) by inserting after paragraph (14) the following new
paragraph:
``(15) provide for--
``(A) a process for annual reviews of and reports to the
Secretary on the State program operated under the State plan
approved under this part, including such information as may
be necessary to measure State compliance with Federal
requirements for expedited procedures, using such standards
and procedures as are required by the Secretary, under which
the State agency will determine the extent to which the
program is operated in compliance with this part; and
``(B) a process of extracting from the automated data
processing system required by paragraph (16) and transmitting
to the Secretary data and calculations concerning the levels
of accomplishment (and rates of improvement) with respect to
applicable performance indicators (including paternity
establishment percentages) to the extent necessary for
purposes of sections 452(g) and 458;''.
(b) Federal Activities.--Section 452(a)(4) (42 U.S.C.
652(a)(4)) is amended to read as follows:
``(4)(A) review data and calculations transmitted by State
agencies pursuant to section 454(15)(B) on State program
accomplishments with respect to performance indicators for
purposes of subsection (g) of this section and section 458;
``(B) review annual reports submitted pursuant to section
454(15)(A) and, as appropriate, provide to the State
comments, recommendations for additional or alternative
corrective actions, and technical assistance; and
``(C) conduct audits, in accordance with the Government
auditing standards of the Comptroller General of the United
States--
``(i) at least once every 3 years (or more frequently, in
the case of a State which fails to meet the requirements of
this part concerning performance standards and reliability of
program data) to assess the completeness, reliability, and
security of the data and the accuracy of the reporting
systems used in calculating performance indicators under
subsection (g) of this section and section 458;
``(ii) of the adequacy of financial management of the State
program operated under the State plan approved under this
part, including assessments of--
``(I) whether Federal and other funds made available to
carry out the State program are being appropriately expended,
and are properly and fully accounted for; and
``(II) whether collections and disbursements of support
payments are carried out correctly and are fully accounted
for; and
``(iii) for such other purposes as the Secretary may find
necessary;''.
(c) Effective Date.--The amendments made by this section
shall be effective with respect to calendar quarters
beginning 12 months or more after the date of the enactment
of this Act.
[[Page 1806]]
SEC. 343. REQUIRED REPORTING PROCEDURES.
(a) Establishment.--Section 452(a)(5) (42 U.S.C. 652(a)(5))
is amended by inserting ``, and establish procedures to be
followed by States for collecting and reporting information
required to be provided under this part, and establish
uniform definitions (including those necessary to enable the
measurement of State compliance with the requirements of this
part relating to expedited processes) to be applied in
following such procedures'' before the semicolon.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a), 312(a), 313(a), and
333 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and
inserting ``; and''; and
(3) by adding after paragraph (29) the following new
paragraph:
``(30) provide that the State shall use the definitions
established under section 452(a)(5) in collecting and
reporting information as required under this part.''.
SEC. 344. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) Revised Requirements.--
(1) In general.--Section 454(16) (42 U.S.C. 654(16)) is
amended--
(A) by striking ``, at the option of the State,'';
(B) by inserting ``and operation by the State agency''
after ``for the establishment'';
(C) by inserting ``meeting the requirements of section
454A'' after ``information retrieval system'';
(D) by striking ``in the State and localities thereof, so
as (A)'' and inserting ``so as'';
(E) by striking ``(i)''; and
(F) by striking ``(including'' and all that follows and
inserting a semicolon.
(2) Automated data processing.--Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 454 the
following new section:
``SEC. 454A. AUTOMATED DATA PROCESSING.
``(a) In General.--In order for a State to meet the
requirements of this section, the State agency administering
the State program under this part shall have in operation a
single statewide automated data processing and information
retrieval system which has the capability to perform the
tasks specified in this section with the frequency and in the
manner required by or under this part.
``(b) Program Management.--The automated system required by
this section shall perform such functions as the Secretary
may specify relating to management of the State program under
this part, including--
``(1) controlling and accounting for use of Federal, State,
and local funds in carrying out the program; and
``(2) maintaining the data necessary to meet Federal
reporting requirements under this part on a timely basis.
``(c) Calculation of Performance Indicators.--In order to
enable the Secretary to determine the incentive payments and
penalty adjustments required by sections 452(g) and 458, the
State agency shall--
``(1) use the automated system--
``(A) to maintain the requisite data on State performance
with respect to paternity establishment and child support
enforcement in the State; and
``(B) to calculate the paternity establishment percentage
for the State for each fiscal year; and
``(2) have in place systems controls to ensure the
completeness and reliability of, and ready access to, the
data described in paragraph (1)(A), and the accuracy of the
calculations described in paragraph (1)(B).
``(d) Information Integrity and Security.--The State agency
shall have in effect safeguards on the integrity, accuracy,
and completeness of, access to, and use of data in the
automated system required by this section, which shall
include the following (in addition to such other safeguards
as the Secretary may specify in regulations):
``(1) Policies restricting access.--Written policies
concerning access to data by State agency personnel, and
sharing of data with other persons, which--
``(A) permit access to and use of data only to the extent
necessary to carry out the State program under this part; and
``(B) specify the data which may be used for particular
program purposes, and the personnel permitted access to such
data.
``(2) Systems controls.--Systems controls (such as
passwords or blocking of fields) to ensure strict adherence
to the policies described in paragraph (1).
``(3) Monitoring of access.--Routine monitoring of access
to and use of the automated system, through methods such as
audit trails and feedback mechanisms, to guard against and
promptly identify unauthorized access or use.
``(4) Training and information.--Procedures to ensure that
all personnel (including State and local agency staff and
contractors) who may have access to or be required to use
confidential program data are informed of applicable
requirements and penalties (including those in section 6103
of the Internal Revenue Code of 1986), and are adequately
trained in security procedures.
``(5) Penalties.--Administrative penalties (up to and
including dismissal from employment) for unauthorized access
to, or disclosure or use of, confidential data.''.
(3) Regulations.--The Secretary of Health and Human
Services shall prescribe final regulations for implementation
of section 454A of the Social Security Act not later than 2
years after the date of the enactment of this Act.
(4) Implementation timetable.--Section 454(24) (42 U.S.C.
654(24)), as amended by section 303(a)(1) of this Act, is
amended to read as follows:
``(24) provide that the State will have in effect an
automated data processing and information retrieval system--
``(A) by October 1, 1997, which meets all requirements of
this part which were enacted on or before the date of
enactment of the Family Support Act of 1988, and
``(B) by October 1, 2000, which meets all requirements of
this part enacted on or before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of 1996,
except that such deadline shall be extended by 1 day for each
day (if any) by which the Secretary fails to meet the
deadline imposed by section 344(a)(3) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996;''.
(b) Special Federal Matching Rate for Development Costs of
Automated Systems.--
(1) In general.--Section 455(a) (42 U.S.C. 655(a)) is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``90 percent'' and inserting ``the percent
specified in paragraph (3)'';
(ii) by striking ``so much of''; and
(iii) by striking ``which the Secretary'' and all that
follows and inserting ``, and''; and
(B) by adding at the end the following new paragraph:
``(3)(A) The Secretary shall pay to each State, for each
quarter in fiscal years 1996 and 1997, 90 percent of so much
of the State expenditures described in paragraph (1)(B) as
the Secretary finds are for a system meeting the requirements
specified in section 454(16) (as in effect on September 30,
1995) but limited to the amount approved for States in the
advance planning documents of such States submitted on or
before September 30, 1995.
``(B)(i) The Secretary shall pay to each State, for each
quarter in fiscal years 1996 through 2001, the percentage
specified in clause (ii) of so much of the State expenditures
described in paragraph (1)(B) as the Secretary finds are for
a system meeting the requirements of sections 454(16) and
454A.
``(ii) The percentage specified in this clause is 80
percent.''.
(2) Temporary limitation on payments under special federal
matching rate.--
(A) In general.--The Secretary of Health and Human Services
may not pay more than $400,000,000 in the aggregate under
section 455(a)(3)(B) of the Social Security Act for fiscal
years 1996 through 2001.
(B) Allocation of limitation among states.--The total
amount payable to a State under section 455(a)(3)(B) of such
Act for fiscal years 1996 through 2001 shall not exceed the
limitation determined for the State by the Secretary of
Health and Human Services in regulations.
(C) Allocation formula.--The regulations referred to in
subparagraph (B) shall prescribe a formula for allocating the
amount specified in subparagraph (A) among States with plans
approved under part D of title IV of the Social Security Act,
which shall take into account--
(i) the relative size of State caseloads under such part;
and
(ii) the level of automation needed to meet the automated
data processing requirements of such part.
(c) Conforming Amendment.--Section 123(c) of the Family
Support Act of 1988 (102 Stat. 2352; Public Law 100-485) is
repealed.
SEC. 345. TECHNICAL ASSISTANCE.
(a) For Training of Federal and State Staff, Research and
Demonstration Programs, and Special Projects of Regional or
National Significance.--Section 452 (42 U.S.C. 652) is
amended by adding at the end the following new subsection:
``(j) Out of any money in the Treasury of the United States
not otherwise appropriated, there is hereby appropriated to
the Secretary for each fiscal year an amount equal to 1
percent of the total amount paid to the Federal Government
pursuant to section 457(a) during the immediately preceding
fiscal year (as determined on the basis of the most recent
reliable data available to the Secretary as of the end of the
3rd calendar quarter following the end of such preceding
fiscal year), to cover costs incurred by the Secretary for--
``(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing
studies, and related activities needed to improve programs
under this part (including technical assistance concerning
State automated systems required by this part); and
``(2) research, demonstration, and special projects of
regional or national significance relating to the operation
of State programs under this part.
The amount appropriated under this subsection shall remain
available until expended.''.
(b) Operation of Federal Parent Locator Service.--Section
453 (42 U.S.C. 653), as amended by section 316 of this Act,
is amended by adding at the end the following new subsection:
``(o) Recovery of Costs.--Out of any money in the Treasury
of the United States not otherwise appropriated, there is
hereby appropriated to the Secretary for each fiscal year an
amount equal to 2 percent of the total amount paid to the
Federal Government pursuant to section 457(a) during the
immediately preceding fiscal year (as determined on the basis
of the most recent reli
[[Page 1807]]
able data available to the Secretary as of the end of the 3rd
calendar quarter following the end of such preceding fiscal
year), to cover costs incurred by the Secretary for operation
of the Federal Parent Locator Service under this section, to
the extent such costs are not recovered through user fees.''.
SEC. 346. REPORTS AND DATA COLLECTION BY THE SECRETARY.
(a) Annual Report to Congress.--
(1) Section 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is
amended--
(A) by striking ``this part;'' and inserting ``this part,
including--''; and
(B) by adding at the end the following new clauses:
``(i) the total amount of child support payments collected
as a result of services furnished during the fiscal year to
individuals receiving services under this part;
``(ii) the cost to the States and to the Federal Government
of so furnishing the services; and
``(iii) the number of cases involving families--
``(I) who became ineligible for assistance under State
programs funded under part A during a month in the fiscal
year; and
``(II) with respect to whom a child support payment was
received in the month;''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) in the matter preceding clause (i)--
(i) by striking ``with the data required under each clause
being separately stated for cases'' and inserting
``separately stated for cases'';
(ii) by striking ``cases where the child was formerly
receiving'' and inserting ``or formerly received'';
(iii) by inserting ``or 1912'' after ``471(a)(17)''; and
(iv) by inserting ``for'' before ``all other'';
(B) in each of clauses (i) and (ii), by striking ``, and
the total amount of such obligations'';
(C) in clause (iii), by striking ``described in'' and all
that follows and inserting ``in which support was collected
during the fiscal year;'';
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause (vii), and
inserting after clause (iii) the following new clauses:
``(iv) the total amount of support collected during such
fiscal year and distributed as current support;
``(v) the total amount of support collected during such
fiscal year and distributed as arrearages;
``(vi) the total amount of support due and unpaid for all
fiscal years; and''.
(3) Section 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is
amended by striking ``on the use of Federal courts and''.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended--
(A) in subparagraph (H), by striking ``and'';
(B) in subparagraph (I), by striking the period and
inserting ``; and''; and
(C) by inserting after subparagraph (I) the following new
subparagraph:
``(J) compliance, by State, with the standards established
pursuant to subsections (h) and (i).''.
(5) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended by
striking all that follows subparagraph (J), as added by
paragraph (4).
(b) Effective Date.--The amendments made by subsection (a)
shall be effective with respect to fiscal year 1997 and
succeeding fiscal years.
Subtitle F--Establishment and Modification of Support Orders
SEC. 351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF
CHILD SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to
read as follows:
``(10) Review and adjustment of support orders upon
request.--
``(A) 3-year cycle.--
``(i) In general.--Procedures under which every 3 years (or
such shorter cycle as the State may determine), upon the
request of either parent, or, if there is an assignment under
part A, upon the request of the State agency under the State
plan or of either parent, the State shall with respect to a
support order being enforced under this part, taking into
account the best interests of the child involved--
``(I) review and, if appropriate, adjust the order in
accordance with the guidelines established pursuant to
section 467(a) if the amount of the child support award under
the order differs from the amount that would be awarded in
accordance with the guidelines;
``(II) apply a cost-of-living adjustment to the order in
accordance with a formula developed by the State; or
``(III) use automated methods (including automated
comparisons with wage or State income tax data) to identify
orders eligible for review, conduct the review, identify
orders eligible for adjustment, and apply the appropriate
adjustment to the orders eligible for adjustment under any
threshold that may be established by the State.
``(ii) Opportunity to request review of adjustment.--If the
State elects to conduct the review under subclause (II) or
(III) of clause (i), procedures which permit either party to
contest the adjustment, within 30 days after the date of the
notice of the adjustment, by making a request for review and,
if appropriate, adjustment of the order in accordance with
the child support guidelines established pursuant to section
467(a).
``(iii) No proof of change in circumstances necessary in 3-
year cycle review.--Procedures which provide that any
adjustment under clause (i) shall be made without a
requirement for proof or showing of a change in
circumstances.
``(B) Proof of substantial change in circumstances
necessary in request for review outside 3-year cycle.--
Procedures under which, in the case of a request for a
review, and if appropriate, an adjustment outside the 3-year
cycle (or such shorter cycle as the State may determine)
under clause (i), the State shall review and, if the
requesting party demonstrates a substantial change in
circumstances, adjust the order in accordance with the
guidelines established pursuant to section 467(a).
``(C) Notice of right to review.--Procedures which require
the State to provide notice not less than once every 3 years
to the parents subject to the order informing the parents of
their right to request the State to review and, if
appropriate, adjust the order pursuant to this paragraph. The
notice may be included in the order.''.
SEC. 352. FURNISHING CONSUMER REPORTS FOR CERTAIN PURPOSES
RELATING TO CHILD SUPPORT.
Section 604 of the Fair Credit Reporting Act (15 U.S.C.
1681b) is amended by adding at the end the following new
paragraphs:
``(4) In response to a request by the head of a State or
local child support enforcement agency (or a State or local
government official authorized by the head of such an
agency), if the person making the request certifies to the
consumer reporting agency that--
``(A) the consumer report is needed for the purpose of
establishing an individual's capacity to make child support
payments or determining the appropriate level of such
payments;
``(B) the paternity of the consumer for the child to which
the obligation relates has been established or acknowledged
by the consumer in accordance with State laws under which the
obligation arises (if required by those laws);
``(C) the person has provided at least 10 days' prior
notice to the consumer whose report is requested, by
certified or registered mail to the last known address of the
consumer, that the report will be requested; and
``(D) the consumer report will be kept confidential, will
be used solely for a purpose described in subparagraph (A),
and will not be used in connection with any other civil,
administrative, or criminal proceeding, or for any other
purpose.
``(5) To an agency administering a State plan under section
454 of the Social Security Act (42 U.S.C. 654) for use to set
an initial or modified child support award.''.
SEC. 353. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING
FINANCIAL RECORDS TO STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
Part D of title IV (42 U.S.C. 651-669) is amended by adding
at the end the following:
``SEC. 469A. NONLIABILITY FOR FINANCIAL INSTITUTIONS
PROVIDING FINANCIAL RECORDS TO STATE CHILD
SUPPORT ENFORCEMENT AGENCIES IN CHILD SUPPORT
CASES.
``(a) In General.--Notwithstanding any other provision of
Federal or State law, a financial institution shall not be
liable under any Federal or State law to any person for
disclosing any financial record of an individual to a State
child support enforcement agency attempting to establish,
modify, or enforce a child support obligation of such
individual.
``(b) Prohibition of Disclosure of Financial Record
Obtained by State Child Support Enforcement Agency.--A State
child support enforcement agency which obtains a financial
record of an individual from a financial institution pursuant
to subsection (a) may disclose such financial record only for
the purpose of, and to the extent necessary in, establishing,
modifying, or enforcing a child support obligation of such
individual.
``(c) Civil Damages for Unauthorized Disclosure.--
``(1) Disclosure by state officer or employee.--If any
person knowingly, or by reason of negligence, discloses a
financial record of an individual in violation of subsection
(b), such individual may bring a civil action for damages
against such person in a district court of the United States.
``(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this
subsection with respect to any disclosure which results from
a good faith, but erroneous, interpretation of subsection
(b).
``(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
``(A) the greater of--
``(i) $1,000 for each act of unauthorized disclosure of a
financial record with respect to which such defendant is
found liable; or
``(ii) the sum of--
``(I) the actual damages sustained by the plaintiff as a
result of such unauthorized disclosure; plus
``(II) in the case of a willful disclosure or a disclosure
which is the result of gross negligence, punitive damages;
plus
``(B) the costs (including attorney's fees) of the action.
``(d) Definitions.--For purposes of this section--
``(1) Financial institution.--The term `financial
institution' means--
``(A) a depository institution, as defined in section 3(c)
of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
[[Page 1808]]
``(B) an institution-affiliated party, as defined in
section 3(u) of such Act (12 U.S.C. 1813(u));
``(C) any Federal credit union or State credit union, as
defined in section 101 of the Federal Credit Union Act (12
U.S.C. 1752), including an institution-affiliated party of
such a credit union, as defined in section 206(r) of such Act
(12 U.S.C. 1786(r)); and
``(D) any benefit association, insurance company, safe
deposit company, money-market mutual fund, or similar entity
authorized to do business in the State.
``(2) Financial record.--The term `financial record' has
the meaning given such term in section 1101 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401).''.
Subtitle G--Enforcement of Support Orders
SEC. 361. INTERNAL REVENUE SERVICE COLLECTION OF ARREARAGES.
(a) Collection of Fees.--Section 6305(a) of the Internal
Revenue Code of 1986 (relating to collection of certain
liability) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'';
(3) by adding at the end the following new paragraph:
``(5) no additional fee may be assessed for adjustments to
an amount previously certified pursuant to such section
452(b) with respect to the same obligor.''; and
(4) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears and inserting ``Secretary of
Health and Human Services''.
(b) Effective Date.--The amendments made by this section
shall become effective October 1, 1997.
SEC. 362. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL
EMPLOYEES.
(a) Consolidation and Streamlining of Authorities.--Section
459 (42 U.S.C. 659) is amended to read as follows:
``SEC. 459. CONSENT BY THE UNITED STATES TO INCOME
WITHHOLDING, GARNISHMENT, AND SIMILAR
PROCEEDINGS FOR ENFORCEMENT OF CHILD SUPPORT
AND ALIMONY OBLIGATIONS.
``(a) Consent To Support Enforcement.--Notwithstanding any
other provision of law (including section 207 of this Act and
section 5301 of title 38, United States Code), effective
January 1, 1975, moneys (the entitlement to which is based
upon remuneration for employment) due from, or payable by,
the United States or the District of Columbia (including any
agency, subdivision, or instrumentality thereof) to any
individual, including members of the Armed Forces of the
United States, shall be subject, in like manner and to the
same extent as if the United States or the District of
Columbia were a private person, to withholding in accordance
with State law enacted pursuant to subsections (a)(1) and (b)
of section 466 and regulations of the Secretary under such
subsections, and to any other legal process brought, by a
State agency administering a program under a State plan
approved under this part or by an individual obligee, to
enforce the legal obligation of the individual to provide
child support or alimony.
``(b) Consent to Requirements Applicable to Private
Person.--With respect to notice to withhold income pursuant
to subsection (a)(1) or (b) of section 466, or any other
order or process to enforce support obligations against an
individual (if the order or process contains or is
accompanied by sufficient data to permit prompt
identification of the individual and the moneys involved),
each governmental entity specified in subsection (a) shall be
subject to the same requirements as would apply if the entity
were a private person, except as otherwise provided in this
section.
``(c) Designation of Agent; Response to Notice or Process--
``(1) Designation of agent.--The head of each agency
subject to this section shall--
``(A) designate an agent or agents to receive orders and
accept service of process in matters relating to child
support or alimony; and
``(B) annually publish in the Federal Register the
designation of the agent or agents, identified by title or
position, mailing address, and telephone number.
``(2) Response to notice or process.--If an agent
designated pursuant to paragraph (1) of this subsection
receives notice pursuant to State procedures in effect
pursuant to subsection (a)(1) or (b) of section 466, or is
effectively served with any order, process, or interrogatory,
with respect to an individual's child support or alimony
payment obligations, the agent shall--
``(A) as soon as possible (but not later than 15 days)
thereafter, send written notice of the notice or service
(together with a copy of the notice or service) to the
individual at the duty station or last-known home address of
the individual;
``(B) within 30 days (or such longer period as may be
prescribed by applicable State law) after receipt of a notice
pursuant to such State procedures, comply with all applicable
provisions of section 466; and
``(C) within 30 days (or such longer period as may be
prescribed by applicable State law) after effective service
of any other such order, process, or interrogatory, respond
to the order, process, or interrogatory.
``(d) Priority of Claims.--If a governmental entity
specified in subsection (a) receives notice or is served with
process, as provided in this section, concerning amounts owed
by an individual to more than 1 person--
``(1) support collection under section 466(b) must be given
priority over any other process, as provided in section
466(b)(7);
``(2) allocation of moneys due or payable to an individual
among claimants under section 466(b) shall be governed by
section 466(b) and the regulations prescribed under such
section; and
``(3) such moneys as remain after compliance with
paragraphs (1) and (2) shall be available to satisfy any
other such processes on a first-come, first-served basis,
with any such process being satisfied out of such moneys as
remain after the satisfaction of all such processes which
have been previously served.
``(e) No Requirement To Vary Pay Cycles.--A governmental
entity that is affected by legal process served for the
enforcement of an individual's child support or alimony
payment obligations shall not be required to vary its normal
pay and disbursement cycle in order to comply with the legal
process.
``(f) Relief From Liability.--
``(1) Neither the United States, nor the government of the
District of Columbia, nor any disbursing officer shall be
liable with respect to any payment made from moneys due or
payable from the United States to any individual pursuant to
legal process regular on its face, if the payment is made in
accordance with this section and the regulations issued to
carry out this section.
``(2) No Federal employee whose duties include taking
actions necessary to comply with the requirements of
subsection (a) with regard to any individual shall be subject
under any law to any disciplinary action or civil or criminal
liability or penalty for, or on account of, any disclosure of
information made by the employee in connection with the
carrying out of such actions.
``(g) Regulations.--Authority to promulgate regulations for
the implementation of this section shall, insofar as this
section applies to moneys due from (or payable by)--
``(1) the United States (other than the legislative or
judicial branches of the Federal Government) or the
government of the District of Columbia, be vested in the
President (or the designee of the President);
``(2) the legislative branch of the Federal Government, be
vested jointly in the President pro tempore of the Senate and
the Speaker of the House of Representatives (or their
designees), and
``(3) the judicial branch of the Federal Government, be
vested in the Chief Justice of the United States (or the
designee of the Chief Justice).
``(h) Moneys Subject to Process.--
``(1) In general.--Subject to paragraph (2), moneys paid or
payable to an individual which are considered to be based
upon remuneration for employment, for purposes of this
section--
``(A) consist of--
``(i) compensation paid or payable for personal services of
the individual, whether the compensation is denominated as
wages, salary, commission, bonus, pay, allowances, or
otherwise (including severance pay, sick pay, and incentive
pay);
``(ii) periodic benefits (including a periodic benefit as
defined in section 228(h)(3)) or other payments--
``(I) under the insurance system established by title II;
``(II) under any other system or fund established by the
United States which provides for the payment of pensions,
retirement or retired pay, annuities, dependents' or
survivors' benefits, or similar amounts payable on account of
personal services performed by the individual or any other
individual;
``(III) as compensation for death under any Federal
program;
``(IV) under any Federal program established to provide
`black lung' benefits; or
``(V) by the Secretary of Veterans Affairs as compensation
for a service-connected disability paid by the Secretary to a
former member of the Armed Forces who is in receipt of
retired or retainer pay if the former member has waived a
portion of the retired or retainer pay in order to receive
such compensation; and
``(iii) worker's compensation benefits paid under Federal
or State law but
``(B) do not include any payment--
``(i) by way of reimbursement or otherwise, to defray
expenses incurred by the individual in carrying out duties
associated with the employment of the individual; or
``(ii) as allowances for members of the uniformed services
payable pursuant to chapter 7 of title 37, United States
Code, as prescribed by the Secretaries concerned (defined by
section 101(5) of such title) as necessary for the efficient
performance of duty.
``(2) Certain amounts excluded.--In determining the amount
of any moneys due from, or payable by, the United States to
any individual, there shall be excluded amounts which--
``(A) are owed by the individual to the United States;
``(B) are required by law to be, and are, deducted from the
remuneration or other payment involved, including Federal
employment taxes, and fines and forfeitures ordered by court-
martial;
``(C) are properly withheld for Federal, State, or local
income tax purposes, if the withholding of the amounts is
authorized or required by law and if amounts withheld are not
greater than would be the case if the individual claimed all
dependents to which he was entitled (the withholding of
additional amounts pursuant to section 3402(i) of the
Internal Revenue Code of 1986 may be permitted only when the
individual presents
[[Page 1809]]
evidence of a tax obligation which supports the additional
withholding);
``(D) are deducted as health insurance premiums;
``(E) are deducted as normal retirement contributions (not
including amounts deducted for supplementary coverage); or
``(F) are deducted as normal life insurance premiums from
salary or other remuneration for employment (not including
amounts deducted for supplementary coverage).
``(i) Definitions.--For purposes of this section--
``(1) United states.--The term `United States' includes any
department, agency, or instrumentality of the legislative,
judicial, or executive branch of the Federal Government, the
United States Postal Service, the Postal Rate Commission, any
Federal corporation created by an Act of Congress that is
wholly owned by the Federal Government, and the governments
of the territories and possessions of the United States.
``(2) Child support.--The term `child support', when used
in reference to the legal obligations of an individual to
provide such support, means amounts required to be paid under
a judgment, decree, or order, whether temporary, final, or
subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the
support and maintenance of a child, including a child who has
attained the age of majority under the law of the issuing
State, or a child and the parent with whom the child is
living, which provides for monetary support, health care,
arrearages or reimbursement, and which may include other
related costs and fees, interest and penalties, income
withholding, attorney's fees, and other relief.
``(3) Alimony.--
``(A) In general.--The term `alimony', when used in
reference to the legal obligations of an individual to
provide the same, means periodic payments of funds for the
support and maintenance of the spouse (or former spouse) of
the individual, and (subject to and in accordance with State
law) includes separate maintenance, alimony pendente lite,
maintenance, and spousal support, and includes attorney's
fees, interest, and court costs when and to the extent that
the same are expressly made recoverable as such pursuant to a
decree, order, or judgment issued in accordance with
applicable State law by a court of competent jurisdiction.
``(B) Exceptions.--Such term does not include--
``(i) any child support; or
``(ii) any payment or transfer of property or its value by
an individual to the spouse or a former spouse of the
individual in compliance with any community property
settlement, equitable distribution of property, or other
division of property between spouses or former spouses.
``(4) Private person.--The term `private person' means a
person who does not have sovereign or other special immunity
or privilege which causes the person not to be subject to
legal process.
``(5) Legal process.--The term `legal process' means any
writ, order, summons, or other similar process in the nature
of garnishment--
``(A) which is issued by--
``(i) a court or an administrative agency of competent
jurisdiction in any State, territory, or possession of the
United States;
``(ii) a court or an administrative agency of competent
jurisdiction in any foreign country with which the United
States has entered into an agreement which requires the
United States to honor the process; or
``(iii) an authorized official pursuant to an order of such
a court or an administrative agency of competent jurisdiction
or pursuant to State or local law; and
``(B) which is directed to, and the purpose of which is to
compel, a governmental entity which holds moneys which are
otherwise payable to an individual to make a payment from the
moneys to another party in order to satisfy a legal
obligation of the individual to provide child support or make
alimony payments.''.
(b) Conforming Amendments.--
(1) To part d of title iv.--Sections 461 and 462 (42 U.S.C.
661 and 662) are repealed.
(2) To title 5, united states code.--Section 5520a of title
5, United States Code, is amended, in subsections (h)(2) and
(i), by striking ``sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, and 662)'' and inserting
``section 459 of the Social Security Act (42 U.S.C. 659)''.
(c) Military Retired and Retainer Pay.--
(1) Definition of court.--Section 1408(a)(1) of title 10,
United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(C) by adding after subparagraph (C) the following new
subparagraph:
``(D) any administrative or judicial tribunal of a State
competent to enter orders for support or maintenance
(including a State agency administering a program under a
State plan approved under part D of title IV of the Social
Security Act), and, for purposes of this subparagraph, the
term `State' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.''.
(2) Definition of court order.--Section 1408(a)(2) of such
title is amended--
(A) by inserting ``or a support order, as defined in
section 453(p) of the Social Security Act (42 U.S.C.
653(p)),'' before ``which--'';
(B) in subparagraph (B)(i), by striking ``(as defined in
section 462(b) of the Social Security Act (42 U.S.C.
662(b)))'' and inserting ``(as defined in section 459(i)(2)
of the Social Security Act (42 U.S.C. 659(i)(2)))''; and
(C) in subparagraph (B)(ii), by striking ``(as defined in
section 462(c) of the Social Security Act (42 U.S.C.
662(c)))'' and inserting ``(as defined in section 459(i)(3)
of the Social Security Act (42 U.S.C. 659(i)(3)))''.
(3) Public payee.--Section 1408(d) of such title is
amended--
(A) in the heading, by inserting ``(or for Benefit of)''
before ``Spouse or''; and
(B) in paragraph (1), in the 1st sentence, by inserting
``(or for the benefit of such spouse or former spouse to a
State disbursement unit established pursuant to section 454B
of the Social Security Act or other public payee designated
by a State, in accordance with part D of title IV of the
Social Security Act, as directed by court order, or as
otherwise directed in accordance with such part D)'' before
``in an amount sufficient''.
(4) Relationship to part d of title iv.--Section 1408 of
such title is amended by adding at the end the following new
subsection:
``(j) Relationship to Other Laws.--In any case involving an
order providing for payment of child support (as defined in
section 459(i)(2) of the Social Security Act) by a member who
has never been married to the other parent of the child, the
provisions of this section shall not apply, and the case
shall be subject to the provisions of section 459 of such
Act.''.
(d) Effective Date.--The amendments made by this section
shall become effective 6 months after the date of the
enactment of this Act.
SEC. 363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS
OF THE ARMED FORCES.
(a) Availability of Locator Information.--
(1) Maintenance of address information.--The Secretary of
Defense shall establish a centralized personnel locator
service that includes the address of each member of the Armed
Forces under the jurisdiction of the Secretary. Upon request
of the Secretary of Transportation, addresses for members of
the Coast Guard shall be included in the centralized
personnel locator service.
(2) Type of address.--
(A) Residential address.--Except as provided in
subparagraph (B), the address for a member of the Armed
Forces shown in the locator service shall be the residential
address of that member.
(B) Duty address.--The address for a member of the Armed
Forces shown in the locator service shall be the duty address
of that member in the case of a member--
(i) who is permanently assigned overseas, to a vessel, or
to a routinely deployable unit; or
(ii) with respect to whom the Secretary concerned makes a
determination that the member's residential address should
not be disclosed due to national security or safety concerns.
(3) Updating of locator information.--Within 30 days after
a member listed in the locator service establishes a new
residential address (or a new duty address, in the case of a
member covered by paragraph (2)(B)), the Secretary concerned
shall update the locator service to indicate the new address
of the member.
(4) Availability of information.--The Secretary of Defense
shall make information regarding the address of a member of
the Armed Forces listed in the locator service available, on
request, to the Federal Parent Locator Service established
under section 453 of the Social Security Act.
(b) Facilitating Granting of Leave for Attendance at
Hearings.--
(1) Regulations.--The Secretary of each military
department, and the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy, shall prescribe regulations to facilitate the
granting of leave to a member of the Armed Forces under the
jurisdiction of that Secretary in a case in which--
(A) the leave is needed for the member to attend a hearing
described in paragraph (2);
(B) the member is not serving in or with a unit deployed in
a contingency operation (as defined in section 101 of title
10, United States Code); and
(C) the exigencies of military service (as determined by
the Secretary concerned) do not otherwise require that such
leave not be granted.
(2) Covered hearings.--Paragraph (1) applies to a hearing
that is conducted by a court or pursuant to an administrative
process established under State law, in connection with a
civil action--
(A) to determine whether a member of the Armed Forces is a
natural parent of a child; or
(B) to determine an obligation of a member of the Armed
Forces to provide child support.
(3) Definitions.--For purposes of this subsection--
(A) The term ``court'' has the meaning given that term in
section 1408(a) of title 10, United States Code.
(B) The term ``child support'' has the meaning given such
term in section 459(i) of the Social Security Act (42 U.S.C.
659(i)).
(c) Payment of Military Retired Pay in Compliance With
Child Support Orders.--
(1) Date of certification of court order.--Section 1408 of
title 10, United States Code, as amended by section 362(c)(4)
of this Act, is amended--
(A) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(B) by inserting after subsection (h) the following new
subsection:
[[Page 1810]]
``(i) Certification Date.--It is not necessary that the
date of a certification of the authenticity or completeness
of a copy of a court order for child support received by the
Secretary concerned for the purposes of this section be
recent in relation to the date of receipt by the
Secretary.''.
(2) Payments consistent with assignments of rights to
states.--Section 1408(d)(1) of such title is amended by
inserting after the 1st sentence the following new sentence:
``In the case of a spouse or former spouse who, pursuant to
section 408(a)(3) of the Social Security Act (42 U.S.C.
608(a)(4)), assigns to a State the rights of the spouse or
former spouse to receive support, the Secretary concerned may
make the child support payments referred to in the preceding
sentence to that State in amounts consistent with that
assignment of rights.''.
(3) Arrearages owed by members of the uniformed services.--
Section 1408(d) of such title is amended by adding at the end
the following new paragraph:
``(6) In the case of a court order for which effective
service is made on the Secretary concerned on or after the
date of the enactment of this paragraph and which provides
for payments from the disposable retired pay of a member to
satisfy the amount of child support set forth in the order,
the authority provided in paragraph (1) to make payments from
the disposable retired pay of a member to satisfy the amount
of child support set forth in a court order shall apply to
payment of any amount of child support arrearages set forth
in that order as well as to amounts of child support that
currently become due.''.
(4) Payroll deductions.--The Secretary of Defense shall
begin payroll deductions within 30 days after receiving
notice of withholding, or for the 1st pay period that begins
after such 30-day period.
SEC. 364. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section 321 of
this Act, is amended by adding at the end the following new
subsection:
``(g) Laws Voiding Fraudulent Transfers.--In order to
satisfy section 454(20)(A), each State must have in effect--
``(1)(A) the Uniform Fraudulent Conveyance Act of 1981;
``(B) the Uniform Fraudulent Transfer Act of 1984; or
``(C) another law, specifying indicia of fraud which create
a prima facie case that a debtor transferred income or
property to avoid payment to a child support creditor, which
the Secretary finds affords comparable rights to child
support creditors; and
``(2) procedures under which, in any case in which the
State knows of a transfer by a child support debtor with
respect to which such a prima facie case is established, the
State must--
``(A) seek to void such transfer; or
``(B) obtain a settlement in the best interests of the
child support creditor.''.
SEC. 365. WORK REQUIREMENT FOR PERSONS OWING PAST-DUE CHILD
SUPPORT.
(a) In General.--Section 466(a) (42 U.S.C. 666(a)), as
amended by sections 315, 317, and 323 of this Act, is amended
by inserting after paragraph (14) the following new
paragraph:
``(15) Procedures to ensure that persons owing past-due
support work or have a plan for payment of such support.--
``(A) In general.--Procedures under which the State has the
authority, in any case in which an individual owes past-due
support with respect to a child receiving assistance under a
State program funded under part A, to issue an order or to
request that a court or an administrative process established
pursuant to State law issue an order that requires the
individual to--
``(i) pay such support in accordance with a plan approved
by the court, or, at the option of the State, a plan approved
by the State agency administering the State program under
this part; or
``(ii) if the individual is subject to such a plan and is
not incapacitated, participate in such work activities (as
defined in section 407(d)) as the court, or, at the option of
the State, the State agency administering the State program
under this part, deems appropriate.
``(B) Past-due support defined.--For purposes of
subparagraph (A), the term `past-due support' means the
amount of a delinquency, determined under a court order, or
an order of an administrative process established under State
law, for support and maintenance of a child, or of a child
and the parent with whom the child is living.''.
(b) Conforming Amendment.--The flush paragraph at the end
of section 466(a) (42 U.S.C. 666(a)) is amended by striking
``and (7)'' and inserting ``(7), and (15)''.
SEC. 366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections 316 and
345(b) of this Act, is amended by adding at the end the
following new subsection:
``(p) Support Order Defined.--As used in this part, the
term `support order' means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued
by a court or an administrative agency of competent
jurisdiction, for the support and maintenance of a child,
including a child who has attained the age of majority under
the law of the issuing State, or a child and the parent with
whom the child is living, which provides for monetary
support, health care, arrearages, or reimbursement, and which
may include related costs and fees, interest and penalties,
income withholding, attorneys' fees, and other relief.''.
SEC. 367. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended to read
as follows:
``(7) Reporting arrearages to credit bureaus.--
``(A) In general.--Procedures (subject to safeguards
pursuant to subparagraph (B)) requiring the State to report
periodically to consumer reporting agencies (as defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) the name of any noncustodial parent who is
delinquent in the payment of support, and the amount of
overdue support owed by such parent.
``(B) Safeguards.--Procedures ensuring that, in carrying
out subparagraph (A), information with respect to a
noncustodial parent is reported--
``(i) only after such parent has been afforded all due
process required under State law, including notice and a
reasonable opportunity to contest the accuracy of such
information; and
``(ii) only to an entity that has furnished evidence
satisfactory to the State that the entity is a consumer
reporting agency (as so defined).''.
SEC. 368. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended to read
as follows:
``(4) Liens.--Procedures under which--
``(A) liens arise by operation of law against real and
personal property for amounts of overdue support owed by a
noncustodial parent who resides or owns property in the
State; and
``(B) the State accords full faith and credit to liens
described in subparagraph (A) arising in another State, when
the State agency, party, or other entity seeking to enforce
such a lien complies with the procedural rules relating to
recording or serving liens that arise within the State,
except that such rules may not require judicial notice or
hearing prior to the enforcement of such a lien.''.
SEC. 369. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317, 323, and 365 of this Act, is amended by inserting
after paragraph (15) the following:
``(16) Authority to withhold or suspend licenses.--
Procedures under which the State has (and uses in appropriate
cases) authority to withhold or suspend, or to restrict the
use of driver's licenses, professional and occupational
licenses, and recreational licenses of individuals owing
overdue support or failing, after receiving appropriate
notice, to comply with subpoenas or warrants relating to
paternity or child support proceedings.''.
SEC. 370. DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD
SUPPORT.
(a) HHS Certification Procedure.--
(1) Secretarial responsibility.--Section 452 (42 U.S.C.
652), as amended by section 345 of this Act, is amended by
adding at the end the following new subsection:
``(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of section
454(31) that an individual owes arrearages of child support
in an amount exceeding $5,000, the Secretary shall transmit
such certification to the Secretary of State for action (with
respect to denial, revocation, or limitation of passports)
pursuant to paragraph (2).
``(2) The Secretary of State shall, upon certification by
the Secretary transmitted under paragraph (1), refuse to
issue a passport to such individual, and may revoke,
restrict, or limit a passport issued previously to such
individual.
``(3) The Secretary and the Secretary of State shall not be
liable to an individual for any action with respect to a
certification by a State agency under this section.''.
(2) State agency responsibility.--Section 454 (42 U.S.C.
654), as amended by sections 301(b), 303(a), 312(b), 313(a),
333, and 343(b) of this Act, is amended--
(A) by striking ``and'' at the end of paragraph (29);
(B) by striking the period at the end of paragraph (30) and
inserting ``; and''; and
(C) by adding after paragraph (30) the following new
paragraph:
``(31) provide that the State agency will have in effect a
procedure for certifying to the Secretary, for purposes of
the procedure under section 452(k), determinations that
individuals owe arrearages of child support in an amount
exceeding $5,000, under which procedure--
``(A) each individual concerned is afforded notice of such
determination and the consequences thereof, and an
opportunity to contest the determination; and
``(B) the certification by the State agency is furnished to
the Secretary in such format, and accompanied by such
supporting documentation, as the Secretary may require.''.
(b) Effective Date.--This section and the amendments made
by this section shall become effective October 1, 1997.
SEC. 371. INTERNATIONAL SUPPORT ENFORCEMENT.
(a) Authority for International Agreements.--Part D of
title IV, as amended by section 362(a) of this Act, is
amended by adding after section 459 the following new
section:
``SEC. 459A. INTERNATIONAL SUPPORT ENFORCEMENT.
``(a) Authority for Declarations.--
``(1) Declaration.--The Secretary of State, with the
concurrence of the Secretary of Health and Human Services, is
authorized to declare any foreign country (or a political
subdivision thereof) to be a foreign reciprocating country if
the foreign country has established, or undertakes to
establish, procedures for the establishment and enforcement
[[Page 1811]]
of duties of support owed to obligees who are residents of
the United States, and such procedures are substantially in
conformity with the standards prescribed under subsection
(b).
``(2) Revocation.--A declaration with respect to a foreign
country made pursuant to paragraph (1) may be revoked if the
Secretaries of State and Health and Human Services determine
that--
``(A) the procedures established by the foreign country
regarding the establishment and enforcement of duties of
support have been so changed, or the foreign country's
implementation of such procedures is so unsatisfactory, that
such procedures do not meet the criteria for such a
declaration; or
``(B) continued operation of the declaration is not
consistent with the purposes of this part.
``(3) Form of declaration.--A declaration under paragraph
(1) may be made in the form of an international agreement, in
connection with an international agreement or corresponding
foreign declaration, or on a unilateral basis.
``(b) Standards for Foreign Support Enforcement
Procedures.--
``(1) Mandatory elements.--Support enforcement procedures
of a foreign country which may be the subject of a
declaration pursuant to subsection (a)(1) shall include the
following elements:
``(A) The foreign country (or political subdivision
thereof) has in effect procedures, available to residents of
the United States--
``(i) for establishment of paternity, and for establishment
of orders of support for children and custodial parents; and
``(ii) for enforcement of orders to provide support to
children and custodial parents, including procedures for
collection and appropriate distribution of support payments
under such orders.
``(B) The procedures described in subparagraph (A),
including legal and administrative assistance, are provided
to residents of the United States at no cost.
``(C) An agency of the foreign country is designated as a
Central Authority responsible for--
``(i) facilitating support enforcement in cases involving
residents of the foreign country and residents of the United
States; and
``(ii) ensuring compliance with the standards established
pursuant to this subsection.
``(2) Additional elements.--The Secretary of Health and
Human Services and the Secretary of State, in consultation
with the States, may establish such additional standards as
may be considered necessary to further the purposes of this
section.
``(c) Designation of United States Central Authority.--It
shall be the responsibility of the Secretary of Health and
Human Services to facilitate support enforcement in cases
involving residents of the United States and residents of
foreign countries that are the subject of a declaration under
this section, by activities including--
``(1) development of uniform forms and procedures for use
in such cases;
``(2) notification of foreign reciprocating countries of
the State of residence of individuals sought for support
enforcement purposes, on the basis of information provided by
the Federal Parent Locator Service; and
``(3) such other oversight, assistance, and coordination
activities as the Secretary may find necessary and
appropriate.
``(d) Effect on Other Laws.--States may enter into
reciprocal arrangements for the establishment and enforcement
of support obligations with foreign countries that are not
the subject of a declaration pursuant to subsection (a), to
the extent consistent with Federal law.''.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a), 312(b), 313(a), 333,
343(b), and 370(a)(2) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (30);
(2) by striking the period at the end of paragraph (31) and
inserting ``; and''; and
(3) by adding after paragraph (31) the following new
paragraph:
``(32)(A) provide that any request for services under this
part by a foreign reciprocating country or a foreign country
with which the State has an arrangement described in section
459A(d)(2) shall be treated as a request by a State;
``(B) provide, at State option, notwithstanding paragraph
(4) or any other provision of this part, for services under
the plan for enforcement of a spousal support order not
described in paragraph (4)(B) entered by such a country (or
subdivision); and
``(C) provide that no applications will be required from,
and no costs will be assessed for such services against, the
foreign reciprocating country or foreign obligee (but costs
may at State option be assessed against the obligor).''.
SEC. 372. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317, 323, 365, and 369 of this Act, is amended by
inserting after paragraph (16) the following new paragraph:
``(17) Financial institution data matches.--
``(A) In general.--Procedures under which the State agency
shall enter into agreements with financial institutions doing
business in the State--
``(i) to develop and operate, in coordination with such
financial institutions, a data match system, using automated
data exchanges to the maximum extent feasible, in which each
such financial institution is required to provide for each
calendar quarter the name, record address, social security
number or other taxpayer identification number, and other
identifying information for each noncustodial parent who
maintains an account at such institution and who owes past-
due support, as identified by the State by name and social
security number or other taxpayer identification number; and
``(ii) in response to a notice of lien or levy, encumber or
surrender, as the case may be, assets held by such
institution on behalf of any noncustodial parent who is
subject to a child support lien pursuant to paragraph (4).
``(B) Reasonable fees.--The State agency may pay a
reasonable fee to a financial institution for conducting the
data match provided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial institution.
``(C) Liability.--A financial institution shall not be
liable under any Federal or State law to any person--
``(i) for any disclosure of information to the State agency
under subparagraph (A)(i);
``(ii) for encumbering or surrendering any assets held by
such financial institution in response to a notice of lien or
levy issued by the State agency as provided for in
subparagraph (A)(ii); or
``(iii) for any other action taken in good faith to comply
with the requirements of subparagraph (A).
``(D) Definitions.--For purposes of this paragraph--
``(i) Financial institution.--The term `financial
institution' has the meaning given to such term by section
469A(d)(1).
``(ii) Account.--The term `account' means a demand deposit
account, checking or negotiable withdrawal order account,
savings account, time deposit account, or money-market mutual
fund account.''.
SEC. 373. ENFORCEMENT OF ORDERS AGAINST PATERNAL OR MATERNAL
GRANDPARENTS IN CASES OF MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317, 323, 365, 369, and 372 of this Act, is amended by
inserting after paragraph (17) the following new paragraph:
``(18) Enforcement of orders against paternal or maternal
grandparents.--Procedures under which, at the State's option,
any child support order enforced under this part with respect
to a child of minor parents, if the custodial parent of such
child is receiving assistance under the State program under
part A, shall be enforceable, jointly and severally, against
the parents of the noncustodial parent of such child.''.
SEC. 374. NONDISCHARGEABILITY IN BANKRUPTCY OF CERTAIN DEBTS
FOR THE SUPPORT OF A CHILD.
(a) Amendment to Title 11 of the United States Code.--
Section 523(a) of title 11, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; or'';
(3) by adding at the end the following:
``(18) owed under State law to a State or municipality that
is--
``(A) in the nature of support, and
``(B) enforceable under part D of title IV of the Social
Security Act (42 U.S.C. 601 et seq.).''; and
(4) in paragraph (5), by striking ``section 402(a)(26)''
and inserting ``section 408(a)(3)''.
(b) Amendment to the Social Security Act.--Section 456(b)
(42 U.S.C. 656(b)) is amended to read as follows:
``(b) Nondischargeability.--A debt (as defined in section
101 of title 11 of the United States Code) owed under State
law to a State (as defined in such section) or municipality
(as defined in such section) that is in the nature of support
and that is enforceable under this part is not released by a
discharge in bankruptcy under title 11 of the United States
Code.''.
(c) Application of Amendments.--The amendments made by this
section shall apply only with respect to cases commenced
under title 11 of the United States Code after the date of
the enactment of this Act.
SEC. 375. CHILD SUPPORT ENFORCEMENT FOR INDIAN TRIBES.
(a) Child Support Enforcement Agreements.--Section 454 (42
U.S.C. 654), as amended by sections 301(b), 303(a), 312(b),
313(a), 333, 343(b), 370(a)(2), and 371(b) of this Act is
amended--
(1) by striking ``and'' at the end of paragraph (31);
(2) by striking the period at the end of paragraph (32) and
inserting ``; and'';
(3) by adding after paragraph (32) the following new
paragraph:
``(33) provide that a State that receives funding pursuant
to section 428 and that has within its borders Indian country
(as defined in section 1151 of title 18, United States Code)
may enter into cooperative agreements with an Indian tribe or
tribal organization (as defined in subsections (e) and (l) of
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)), if the Indian tribe or
tribal organization demonstrates that such tribe or
organization has an established tribal court system or a
Court of Indian Offenses with the authority to establish
paternity, establish, modify, and enforce support orders, and
to enter support orders in accordance with child support
guidelines established by such tribe or organization, under
which the State and tribe or organization shall provide for
the cooperative delivery of child support enforcement
services in Indian country and for the forwarding of all
funding collected pur
[[Page 1812]]
suant to the functions performed by the tribe or organization
to the State agency, or conversely, by the State agency to
the tribe or organization, which shall distribute such
funding in accordance with such agreement; and
(4) by adding at the end the following new sentence:
``Nothing in paragraph (33) shall void any provision of any
cooperative agreement entered into before the date of the
enactment of such paragraph, nor shall such paragraph deprive
any State of jurisdiction over Indian country (as so defined)
that is lawfully exercised under section 402 of the Act
entitled `An Act to prescribe penalties for certain acts of
violence or intimidation, and for other purposes', approved
April 11, 1968 (25 U.S.C. 1322).''.
(b) Direct Federal Funding to Indian Tribes and Tribal
Organizations.--Section 455 (42 U.S.C. 655) is amended by
adding at the end the following new subsection:
``(b) The Secretary may, in appropriate cases, make direct
payments under this part to an Indian tribe or tribal
organization which has an approved child support enforcement
plan under this title. In determining whether such payments
are appropriate, the Secretary shall, at a minimum, consider
whether services are being provided to eligible Indian
recipients by the State agency through an agreement entered
into pursuant to section 454(34).''.
(c) Cooperative Enforcement Agreements.--Paragraph (7) of
section 454 (42 U.S.C. 654) is amended by inserting ``and
Indian tribes or tribal organizations (as defined in
subsections (e) and (l) of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b))'' after ``law enforcement officials''.
(d) Conforming Amendment.--Subsection (c) of section 428
(42 U.S.C. 628) is amended to read as follows:
``(c) For purposes of this section, the terms `Indian
tribe' and `tribal organization' shall have the meanings
given such terms by subsections (e) and (l) of section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)), respectively.''.
Subtitle H--Medical Support
SEC. 381. CORRECTION TO ERISA DEFINITION OF MEDICAL CHILD
SUPPORT ORDER.
(a) In General.--Section 609(a)(2)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1169(a)(2)(B)) is amended--
(1) by striking ``issued by a court of competent
jurisdiction'';
(2) by striking the period at the end of clause (ii) and
inserting a comma; and
(3) by adding, after and below clause (ii), the following:
``if such judgment, decree, or order (I) is issued by a court
of competent jurisdiction or (II) is issued through an
administrative process established under State law and has
the force and effect of law under applicable State law.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Plan amendments not required until january 1, 1997.--
Any amendment to a plan required to be made by an amendment
made by this section shall not be required to be made before
the 1st plan year beginning on or after January 1, 1997, if--
(A) during the period after the date before the date of the
enactment of this Act and before such 1st plan year, the plan
is operated in accordance with the requirements of the
amendments made by this section; and
(B) such plan amendment applies retroactively to the period
after the date before the date of the enactment of this Act
and before such 1st plan year.
A plan shall not be treated as failing to be operated in
accordance with the provisions of the plan merely because it
operates in accordance with this paragraph.
SEC. 382. ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections
315, 317, 323, 365, 369, 372, and 373 of this Act, is amended
by inserting after paragraph (18) the following new
paragraph:
``(19) Health care coverage.--Procedures under which all
child support orders enforced pursuant to this part shall
include a provision for the health care coverage of the
child, and in the case in which a noncustodial parent
provides such coverage and changes employment, and the new
employer provides health care coverage, the State agency
shall transfer notice of the provision to the employer, which
notice shall operate to enroll the child in the noncustodial
parent's health plan, unless the noncustodial parent contests
the notice.''.
Subtitle I--Enhancing Responsibility and Opportunity for Non-
Residential Parents
SEC. 391. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
Part D of title IV (42 U.S.C. 651-669), as amended by
section 353 of this Act, is amended by adding at the end the
following new section:
``SEC. 469B. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
``(a) In General.--The Administration for Children and
Families shall make grants under this section to enable
States to establish and administer programs to support and
facilitate noncustodial parents' access to and visitation of
their children, by means of activities including mediation
(both voluntary and mandatory), counseling, education,
development of parenting plans, visitation enforcement
(including monitoring, supervision and neutral drop-off and
pickup), and development of guidelines for visitation and
alternative custody arrangements.
``(b) Amount of Grant.--The amount of the grant to be made
to a State under this section for a fiscal year shall be an
amount equal to the lesser of--
``(1) 90 percent of State expenditures during the fiscal
year for activities described in subsection (a); or
``(2) the allotment of the State under subsection (c) for
the fiscal year.
``(c) Allotments to States.--
``(1) In general.--The allotment of a State for a fiscal
year is the amount that bears the same ratio to $10,000,000
for grants under this section for the fiscal year as the
number of children in the State living with only 1 biological
parent bears to the total number of such children in all
States.
``(2) Minimum allotment.--The Administration for Children
and Families shall adjust allotments to States under
paragraph (1) as necessary to ensure that no State is
allotted less than--
``(A) $50,000 for fiscal year 1997 or 1998; or
``(B) $100,000 for any succeeding fiscal year.
``(d) No Supplantation of State Expenditures for Similar
Activities.--A State to which a grant is made under this
section may not use the grant to supplant expenditures by the
State for activities specified in subsection (a), but shall
use the grant to supplement such expenditures at a level at
least equal to the level of such expenditures for fiscal year
1995.
``(e) State Administration.--Each State to which a grant is
made under this section--
``(1) may administer State programs funded with the grant,
directly or through grants to or contracts with courts, local
public agencies, or nonprofit private entities;
``(2) shall not be required to operate such programs on a
statewide basis; and
``(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the
Secretary.''.
Subtitle J--Effective Dates and Conforming Amendments
SEC. 395. EFFECTIVE DATES AND CONFORMING AMENDMENTS.
(a) In General.--Except as otherwise specifically provided
(but subject to subsections (b) and (c))--
(1) the provisions of this title requiring the enactment or
amendment of State laws under section 466 of the Social
Security Act, or revision of State plans under section 454 of
such Act, shall be effective with respect to periods
beginning on and after October 1, 1996; and
(2) all other provisions of this title shall become
effective upon the date of the enactment of this Act.
(b) Grace Period for State Law Changes.--The provisions of
this title shall become effective with respect to a State on
the later of--
(1) the date specified in this title, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar
quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of the
enactment of this Act. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate
regular session of the State legislature.
(c) Grace Period for State Constitutional Amendment.--A
State shall not be found out of compliance with any
requirement enacted by this title if the State is unable to
so comply without amending the State constitution until the
earlier of--
(1) 1 year after the effective date of the necessary State
constitutional amendment; or
(2) 5 years after the date of the enactment of this Act.
(d) Conforming Amendments.--
(1) The following provisions are amended by striking
``absent'' each place it appears and inserting
``noncustodial'':
(A) Section 451 (42 U.S.C. 651).
(B) Subsections (a)(1), (a)(8), (a)(10)(E), (a)(10)(F),
(f), and (h) of section 452 (42 U.S.C. 652).
(C) Section 453(f) (42 U.S.C. 653(f)).
(D) Paragraphs (8), (13), and (21)(A) of section 454 (42
U.S.C. 654).
(E) Section 455(e)(1) (42 U.S.C. 655(e)(1)).
(F) Section 458(a) (42 U.S.C. 658(a)).
(G) Subsections (a), (b), and (c) of section 463 (42 U.S.C.
663).
(H) Subsections (a)(3)(A), (a)(3)(C), (a)(6), and
(a)(8)(B)(ii), the last sentence of subsection (a), and
subsections (b)(1), (b)(3)(B), (b)(3)(B)(i), (b)(6)(A)(i),
(b)(9), and (e) of section 466 (42 U.S.C. 666).
(2) The following provisions are amended by striking ``an
absent'' each place it appears and inserting ``a
noncustodial'':
(A) Paragraphs (2) and (3) of section 453(c) (42 U.S.C.
653(c)).
(B) Subparagraphs (B) and (C) of section 454(9) (42 U.S.C.
654(9)).
(C) Section 456(a)(3) (42 U.S.C. 656(a)(3)).
(D) Subsections (a)(3)(A), (a)(6), (a)(8)(B)(i), (b)(3)(A),
and (b)(3)(B) of section 466 (42 U.S.C. 666).
(E) Paragraphs (2) and (4) of section 469(b) (42 U.S.C.
669(b)).
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
The Congress makes the following statements concerning
national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
[[Page 1813]]
(2) It continues to be the immigration policy of the United
States that--
(A) aliens within the Nation's borders not depend on public
resources to meet their needs, but rather rely on their own
capabilities and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not constitute an
incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have
been applying for and receiving public benefits from Federal,
State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved wholly
incapable of assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to enact new
rules for eligibility and sponsorship agreements in order to
assure that aliens be self-reliant in accordance with
national immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the
availability of public benefits.
(7) With respect to the State authority to make
determinations concerning the eligibility of qualified aliens
for public benefits in this title, a State that chooses to
follow the Federal classification in determining the
eligibility of such aliens for public assistance shall be
considered to have chosen the least restrictive means
available for achieving the compelling governmental interest
of assuring that aliens be self-reliant in accordance with
national immigration policy.
Subtitle A--Eligibility for Federal Benefits
SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR
FEDERAL PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined in section 431) is not eligible
for any Federal public benefit (as defined in subsection
(c)).
(b) Exceptions.--
(1) Subsection (a) shall not apply with respect to the
following Federal public benefits:
(A) Medical assistance under title XIX of the Social
Security Act (or any successor program to such title) for
care and services that are necessary for the treatment of an
emergency medical condition (as defined in section 1903(v)(3)
of such Act) of the alien involved and are not related to an
organ transplant procedure, if the alien involved otherwise
meets the eligibility requirements for medical assistance
under the State plan approved under such title (other than
the requirement of the receipt of aid or assistance under
title IV of such Act, supplemental security income benefits
under title XVI of such Act, or a State supplementary
payment).
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C) Public health assistance (not including any assistance
under title XIX of the Social Security Act) for immunizations
with respect to immunizable diseases and for testing and
treatment of symptoms of communicable diseases whether or not
such symptoms are caused by a communicable disease.
(D) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (i)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (ii) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (iii) are
necessary for the protection of life or safety.
(E) Programs for housing or community development
assistance or financial assistance administered by the
Secretary of Housing and Urban Development, any program under
title V of the Housing Act of 1949, or any assistance under
section 306C of the Consolidated Farm and Rural Development
Act, to the extent that the alien is receiving such a benefit
on the date of the enactment of this Act.
(2) Subsection (a) shall not apply to any benefit payable
under title II of the Social Security Act to an alien who is
lawfully present in the United States as determined by the
Attorney General, to any benefit if nonpayment of such
benefit would contravene an international agreement described
in section 233 of the Social Security Act, to any benefit if
nonpayment would be contrary to section 202(t) of the Social
Security Act, or to any benefit payable under title II of the
Social Security Act to which entitlement is based on an
application filed in or before the month in which this Act
becomes law.
(c) Federal Public Benefit Defined.--
(1) Except as provided in paragraph (2), for purposes of
this title the term ``Federal public benefit'' means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States
or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public or
assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of the
United States or by appropriated funds of the United States.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Attorney General, after
consultation with the Secretary of State.
SEC. 402. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR CERTAIN
FEDERAL PROGRAMS.
(a) Limited Eligibility for Specified Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in paragraph (2), an alien who is a
qualified alien (as defined in section 431) is not eligible
for any specified Federal program (as defined in paragraph
(3)).
(2) Exceptions.--
(A) Time-limited exception for refugees and asylees.--
Paragraph (1) shall not apply to an alien until 5 years after
the date--
(i) an alien is admitted to the United States as a refugee
under section 207 of the Immigration and Nationality Act;
(ii) an alien is granted asylum under section 208 of such
Act; or
(iii) an alien's deportation is withheld under section
243(h) of such Act.
(B) Certain permanent resident aliens.--Paragraph (1) shall
not apply to an alien who--
(i) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (II) in the case of any such qualifying
quarter creditable for any period beginning after December
31, 1996, did not receive any Federal means-tested public
benefit (as provided under section 403) during any such
period.
(C) Veteran and active duty exception.--Paragraph (1) shall
not apply to an alien who is lawfully residing in any State
and is--
(i) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(ii) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an
individual described in clause (i) or (ii).
(D) Transition for aliens currently receiving benefits.--
(i) SSI.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(A), during the period
beginning on the date of the enactment of this Act and ending
on the date which is 1 year after such date of enactment, the
Commissioner of Social Security shall redetermine the
eligibility of any individual who is receiving benefits under
such program as of the date of the enactment of this Act and
whose eligibility for such benefits may terminate by reason
of the provisions of this subsection.
(II) Redetermination criteria.-- With respect to any
redetermination under subclause (I), the Commissioner of
Social Security shall apply the eligibility criteria for new
applicants for benefits under such program.
(III) Grandfather provision.--The provisions of this
subsection and the redetermination under subclause (I), shall
only apply with respect to the benefits of an individual
described in subclause (I) for months beginning on or after
the date of the redetermination with respect to such
individual.
(IV) Notice.--Not later than March 31, 1997, the
Commissioner of Social Security shall notify an individual
described in subclause (I) of the provisions of this clause.
(ii) Food stamps.--
(I) In general.--With respect to the specified Federal
program described in paragraph (3)(B), during the period
beginning on the date of enactment of this Act and ending on
the date which is 1 year after the date of enactment, the
State agency shall, at the time of the recertification,
recertify the eligibility of any individual who is receiving
benefits under such program as of the date of enactment of
this Act and whose eligibility for such benefits may
terminate by reason of the provisions of this subsection.
(II) Recertification criteria.--With respect to any
recertification under subclause (I), the State agency shall
apply the eligibility criteria for applicants for benefits
under such program.
(III) Grandfather provision.--The provisions of this
subsection and the recertification under subclause (I) shall
only apply with respect to the eligibility of an alien for a
program for months beginning on or after the date of
recertification, if on the date of enactment of this Act the
alien is lawfully residing in any State and is receiving
benefits under such program on such date of enactment.
(3) Specified federal program defined.--For purposes of
this title, the term ``speci
[[Page 1814]]
fied Federal program'' means any of the following:
(A) SSI.--The supplemental security income program under
title XVI of the Social Security Act, including supplementary
payments pursuant to an agreement for Federal administration
under section 1616(a) of the Social Security Act and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66.
(B) Food stamps.--The food stamp program as defined in
section 3(h) of the Food Stamp Act of 1977.
(b) Limited Eligibility for Designated Federal Programs.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in section 403 and paragraph (2), a
State is authorized to determine the eligibility of an alien
who is a qualified alien (as defined in section 431) for any
designated Federal program (as defined in paragraph (3)).
(2) Exceptions.--Qualified aliens under this paragraph
shall be eligible for any designated Federal program.
(A) Time-limited exception for refugees and asylees.--
(i) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of an alien's entry into the
United States.
(ii) An alien who is granted asylum under section 208 of
such Act until 5 years after the date of such grant of
asylum.
(iii) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such
withholding.
(B) Certain permanent resident aliens.--An alien who--
(i) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (II) in the case of any such qualifying
quarter creditable for any period beginning after December
31, 1996, did not receive any Federal means-tested public
benefit (as provided under section 403) during any such
period.
(C) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(i) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(ii) on active duty (other than active duty for training)
in the Armed Forces of the United States, or
(iii) the spouse or unmarried dependent child of an
individual described in clause (i) or (ii).
(D) Transition for those currently receiving benefits.--An
alien who on the date of the enactment of this Act is
lawfully residing in any State and is receiving benefits
under such program on the date of the enactment of this Act
shall continue to be eligible to receive such benefits until
January 1, 1997.
(3) Designated federal program defined.--For purposes of
this title, the term ``designated Federal program'' means any
of the following:
(A) Temporary assistance for needy families.--The program
of block grants to States for temporary assistance for needy
families under part A of title IV of the Social Security Act.
(B) Social services block grant.--The program of block
grants to States for social services under title XX of the
Social Security Act.
(C) Medicaid.--A State plan approved under title XIX of the
Social Security Act, other than medical assistance described
in section 401(b)(1)(A).
SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS
FOR FEDERAL MEANS-TESTED PUBLIC BENEFIT.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsections (b), (c), and (d), an
alien who is a qualified alien (as defined in section 431)
and who enters the United States on or after the date of the
enactment of this Act is not eligible for any Federal means-
tested public benefit for a period of five years beginning on
the date of the alien's entry into the United States with a
status within the meaning of the term ``qualified alien''.
(b) Exceptions.--The limitation under subsection (a) shall
not apply to the following aliens:
(1) Exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act.
(B) An alien who is granted asylum under section 208 of
such Act.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act.
(2) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(c) Application of Term Federal Means-tested Public
Benefit.--
(1) The limitation under subsection (a) shall not apply to
assistance or benefits under paragraph (2).
(2) Assistance and benefits under this paragraph are as
follows:
(A) Medical assistance described in section 401(b)(1)(A).
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C) Assistance or benefits under the National School Lunch
Act.
(D) Assistance or benefits under the Child Nutrition Act of
1966.
(E) Public health assistance (not including any assistance
under title XIX of the Social Security Act) for immunizations
with respect to immunizable diseases and for testing and
treatment of symptoms of communicable diseases whether or not
such symptoms are caused by a communicable disease.
(F) Payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act for a
parent or a child who would, in the absence of subsection
(a), be eligible to have such payments made on the child's
behalf under such part, but only if the foster or adoptive
parent (or parents) of such child is a qualified alien (as
defined in section 431).
(G) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (i)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (ii) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (iii) are
necessary for the protection of life or safety.
(H) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965, and titles III,
VII, and VIII of the Public Health Service Act.
(I) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(J) Benefits under the Head Start Act.
(K) Benefits under the Job Training Partnership Act.
(d) Special Rule for Refugee and Entrant Assistance for
Cuban and Haitian Entrants.--The limitation under subsection
(a) shall not apply to refugee and entrant assistance
activities, authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, for Cuban and Haitian entrants as
defined in section 501(e)(2) of the Refugee Education
Assistance Act of 1980.
SEC. 404. NOTIFICATION AND INFORMATION REPORTING.
(a) Notification.--Each Federal agency that administers a
program to which section 401, 402, or 403 applies shall,
directly or through the States, post information and provide
general notification to the public and to program recipients
of the changes regarding eligibility for any such program
pursuant to this subtitle.
(b) Information Reporting Under Title IV of the Social
Security Act.--Part A of title IV of the Social Security Act
is amended by inserting the following new section after
section 411:
``SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFORMATION.
``Each State to which a grant is made under section 403
shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service, furnish the
Immigration and Naturalization Service with the name and
address of, and other identifying information on, any
individual who the State knows is unlawfully in the United
States.''.
(c) SSI.--Section 1631(e) of such Act (42 U.S.C. 1383(e))
is amended--
(1) by redesignating the paragraphs (6) and (7) inserted by
sections 206(d)(2) and 206(f)(1) of the Social Security
Independence and Programs Improvement Act of 1994 (Public Law
103-296; 108 Stat. 1514, 1515) as paragraphs (7) and (8),
respectively; and
(2) by adding at the end the following new paragraph:
``(9) Notwithstanding any other provision of law, the
Commissioner shall, at least 4 times annually and upon
request of the Immigration and Naturalization Service
(hereafter in this paragraph referred to as the `Service'),
furnish the Service with the name and address of, and other
identifying information on, any individual who the
Commissioner knows is unlawfully in the United States, and
shall ensure that each agreement entered into under section
1616(a) with a State provides that the State shall furnish
such information at such times with respect to any individual
who the State knows is unlawfully in the United States.''.
(d) Information Reporting for Housing Programs.--Title I of
the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended by adding at the end the following new
section:
``SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCEMENT AND
OTHER AGENCIES.
``Notwithstanding any other provision of law, the Secretary
shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service (hereafter in this
section referred to as the `Service'), furnish the Service
with the name and address of, and other identifying
information on, any individual who the Secretary knows is
unlawfully in the United States, and shall ensure that each
contract for assistance entered into under section 6 or 8 of
this Act with a
[[Page 1815]]
public housing agency provides that the public housing agency
shall furnish such information at such times with respect to
any individual who the public housing agency knows is
unlawfully in the United States.''.
Subtitle B--Eligibility for State and Local Public Benefits Programs
SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR
NONIMMIGRANTS INELIGIBLE FOR STATE AND LOCAL
PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsections (b) and (d), an alien
who is not--
(1) a qualified alien (as defined in section 431),
(2) a nonimmigrant under the Immigration and Nationality
Act, or
(3) an alien who is paroled into the United States under
section 212(d)(5) of such Act for less than one year,
is not eligible for any State or local public benefit (as
defined in subsection (c)).
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following State or local public benefits:
(1) Assistance for health care items and services that are
necessary for the treatment of an emergency medical condition
(as defined in section 1903(v)(3) of the Social Security Act)
of the alien involved and are not related to an organ
transplant procedure.
(2) Short-term, non-cash, in-kind emergency disaster
relief.
(3) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
(4) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (A)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (B) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
(c) State or Local Public Benefit Defined.--
(1) Except as provided in paragraphs (2) and 3, for
purposes of this subtitle the term ``State or local public
benefit'' means--
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of a State or local
government or by appropriated funds of a State or local
government; and
(B) any retirement, welfare, health, disability, public or
assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of a State
or local government or by appropriated funds of a State or
local government.
(2) Such term shall not apply--
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related to
such employment in the United States; or
(B) with respect to benefits for an alien who as a work
authorized nonimmigrant or as an alien lawfully admitted for
permanent residence under the Immigration and Nationality Act
qualified for such benefits and for whom the United States
under reciprocal treaty agreements is required to pay
benefits, as determined by the Secretary of State, after
consultation with the Attorney General.
(3) Such term does not include any Federal public benefit
under section 4001(c).
(d) State Authority to Provide for Eligibility of Illegal
Aliens for State and Local Public Benefits.--A State may
provide that an alien who is not lawfully present in the
United States is eligible for any State or local public
benefit for which such alien would otherwise be ineligible
under subsection (a) only through the enactment of a State
law after the date of the enactment of this Act which
affirmatively provides for such eligibility.
SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED
ALIENS FOR STATE PUBLIC BENEFITS.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), a State is
authorized to determine the eligibility for any State public
benefits of an alien who is a qualified alien (as defined in
section 431), a nonimmigrant under the Immigration and
Nationality Act, or an alien who is paroled into the United
States under section 212(d)(5) of such Act for less than one
year.
(b) Exceptions.--Qualified aliens under this subsection
shall be eligible for any State public benefits.
(1) Time-limited exception for refugees and asylees.--
(A) An alien who is admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of an alien's entry into the
United States.
(B) An alien who is granted asylum under section 208 of
such Act until 5 years after the date of such grant of
asylum.
(C) An alien whose deportation is being withheld under
section 243(h) of such Act until 5 years after such
withholding.
(2) Certain permanent resident aliens.--An alien who--
(A) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act; and
(B)(i) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (ii) in the case of any such qualifying
quarter creditable for any period beginning after December
31, 1996, did not receive any Federal means-tested public
benefit (as provided under section 403) during any such
period.
(3) Veteran and active duty exception.--An alien who is
lawfully residing in any State and is--
(A) a veteran (as defined in section 101 of title 38,
United States Code) with a discharge characterized as an
honorable discharge and not on account of alienage,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
(4) Transition for those currently receiving benefits.--An
alien who on the date of the enactment of this Act is
lawfully residing in any State and is receiving benefits on
the date of the enactment of this Act shall continue to be
eligible to receive such benefits until January 1, 1997.
Subtitle C--Attribution of Income and Affidavits of Support
SEC. 421. FEDERAL ATTRIBUTION OF SPONSOR'S INCOME AND
RESOURCES TO ALIEN.
(a) In General.--Notwithstanding any other provision of
law, in determining the eligibility and the amount of
benefits of an alien for any Federal means-tested public
benefits program (as provided under section 403), the income
and resources of the alien shall be deemed to include the
following:
(1) The income and resources of any person who executed an
affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 423) on
behalf of such alien.
(2) The income and resources of the spouse (if any) of the
person.
(b) Duration of Attribution Period.--Subsection (a) shall
apply with respect to an alien until such time as the alien--
(1) achieves United States citizenship through
naturalization pursuant to chapter 2 of title III of the
Immigration and Nationality Act; or
(2)(A) has worked 40 qualifying quarters of coverage as
defined under title II of the Social Security Act or can be
credited with such qualifying quarters as provided under
section 435, and (B) in the case of any such qualifying
quarter creditable for any period beginning after December
31, 1996, did not receive any Federal means-tested public
benefit (as provided under section 403) during any such
period.
(c) Review of Income and Resources of Alien Upon
Reapplication.--Whenever an alien is required to reapply for
benefits under any Federal means-tested public benefits
program, the applicable agency shall review the income and
resources attributed to the alien under subsection (a).
(d) Application.--
(1) If on the date of the enactment of this Act, a Federal
means-tested public benefits program attributes a sponsor's
income and resources to an alien in determining the alien's
eligibility and the amount of benefits for an alien, this
section shall apply to any such determination beginning on
the day after the date of the enactment of this Act.
(2) If on the date of the enactment of this Act, a Federal
means-tested public benefits program does not attribute a
sponsor's income and resources to an alien in determining the
alien's eligibility and the amount of benefits for an alien,
this section shall apply to any such determination beginning
180 days after the date of the enactment of this Act.
SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF
SPONSORS INCOME AND RESOURCES TO THE ALIEN WITH
RESPECT TO STATE PROGRAMS.
(a) Optional Application to State Programs.--Except as
provided in subsection (b), in determining the eligibility
and the amount of benefits of an alien for any State public
benefits (as defined in section 412(c)), the State or
political subdivision that offers the benefits is authorized
to provide that the income and resources of the alien shall
be deemed to include--
(1) the income and resources of any individual who executed
an affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 423) on
behalf of such alien, and
(2) the income and resources of the spouse (if any) of the
individual.
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following State public benefits:
(1) Assistance described in section 411(b)(1).
(2) Short-term, non-cash, in-kind emergency disaster
relief.
(3) Programs comparable to assistance or benefits under the
National School Lunch Act.
(4) Programs comparable to assistance or benefits under the
Child Nutrition Act of 1966.
(5) Public health assistance for immunizations with respect
to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
[[Page 1816]]
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General of a State, after
consultation with appropriate agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies; (B)
do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
SEC. 423. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II of the Immigration and
Nationality Act is amended by inserting after section 213 the
following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--(1) No affidavit of
support may be accepted by the Attorney General or by any
consular officer to establish that an alien is not excludable
as a public charge under section 212(a)(4) unless such
affidavit is executed as a contract--
``(A) which is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, and by any State
(or any political subdivision of such State) which provides
any means-tested public benefits program, but not later than
10 years after the alien last receives any such benefit;
``(B) in which the sponsor agrees to financially support
the alien, so that the alien will not become a public charge;
and
``(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (e)(2).
``(2) A contract under paragraph (1) shall be enforceable
with respect to benefits provided to the alien until such
time as the alien achieves United States citizenship through
naturalization pursuant to chapter 2 of title III.
``(b) Forms.--Not later than 90 days after the date of
enactment of this section, the Attorney General, in
consultation with the Secretary of State and the Secretary of
Health and Human Services, shall formulate an affidavit of
support consistent with the provisions of this section.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for
specific performance and payment of legal fees and other
costs of collection, and include corresponding remedies
available under State law. A Federal agency may seek to
collect amounts owed under this section in accordance with
the provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(d) Notification of Change of Address.--
``(1) In general.--The sponsor shall notify the Attorney
General and the State in which the sponsored alien is
currently resident within 30 days of any change of address of
the sponsor during the period specified in subsection (a)(2).
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the alien
has received any means-tested public benefit, not less than
$2,000 or more than $5,000.
``(e) Reimbursement of Government Expenses.--(1)(A) Upon
notification that a sponsored alien has received any benefit
under any means-tested public benefits program, the
appropriate Federal, State, or local official shall request
reimbursement by the sponsor in the amount of such
assistance.
``(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe such
regulations as may be necessary to carry out subparagraph
(A).
``(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received
a response from the sponsor indicating a willingness to
commence payments, an action may be brought against the
sponsor pursuant to the affidavit of support.
``(3) If the sponsor fails to abide by the repayment terms
established by such agency, the agency may, within 60 days of
such failure, bring an action against the sponsor pursuant to
the affidavit of support.
``(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits program.
``(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement from
the sponsor in the amount of assistance provided, or brings
an action against the sponsor pursuant to the affidavit of
support, the appropriate agency may appoint or hire an
individual or other person to act on behalf of such agency
acting under the authority of law for purposes of collecting
any moneys owed. Nothing in this subsection shall preclude
any appropriate Federal, State, or local agency from directly
requesting reimbursement from a sponsor for the amount of
assistance provided, or from bringing an action against a
sponsor pursuant to an affidavit of support.
``(f) Definitions.--For the purposes of this section--
``(1) Sponsor.--The term `sponsor' means an individual
who--
``(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(B) is 18 years of age or over;
``(C) is domiciled in any of the 50 States or the District
of Columbia; and
``(D) is the person petitioning for the admission of the
alien under section 204.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
213 the following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(c) Effective Date.--Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection
(a) of this section, shall apply to affidavits of support
executed on or after a date specified by the Attorney
General, which date shall be not earlier than 60 days (and
not later than 90 days) after the date the Attorney General
formulates the form for such affidavits under subsection (b)
of such section.
(d) Benefits Not Subject to Reimbursement.--Requirements
for reimbursement by a sponsor for benefits provided to a
sponsored alien pursuant to an affidavit of support under
section 213A of the Immigration and Nationality Act shall not
apply with respect to the following:
(1) Medical assistance described in section 401(b)(1)(A) or
assistance described in section 411(b)(1).
(2) Short-term, non-cash, in-kind emergency disaster
relief.
(3) Assistance or benefits under the National School Lunch
Act.
(4) Assistance or benefits under the Child Nutrition Act of
1966.
(5) Public health assistance for immunizations (not
including any assistance under title XIX of the Social
Security Act) with respect to immunizable diseases and for
testing and treatment of symptoms of communicable diseases
whether or not such symptoms are caused by a communicable
disease.
(6) Payments for foster care and adoption assistance under
parts B and E of title IV of the Social Security Act for a
parent or a child, but only if the foster or adoptive parent
(or parents) of such child is a qualified alien (as defined
in section 431).
(7) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General's sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which (A)
deliver in-kind services at the community level, including
through public or private nonprofit agencies; (B) do not
condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on
the individual recipient's income or resources; and (C) are
necessary for the protection of life or safety.
(8) Programs of student assistance under titles IV, V, IX,
and X of the Higher Education Act of 1965, and titles III,
VII, and VIII of the Public Health Service Act.
(9) Benefits under the Head Start Act.
(10) Means-tested programs under the Elementary and
Secondary Education Act of 1965.
(11) Benefits under the Job Training Partnership Act.
Subtitle D--General Provisions
SEC. 431. DEFINITIONS.
(a) In General.--Except as otherwise provided in this
title, the terms used in this title have the same meaning
given such terms in section 101(a) of the Immigration and
Nationality Act.
(b) Qualified Alien.--For purposes of this title, the term
``qualified alien'' means an alien who, at the time the alien
applies for, receives, or attempts to receive a Federal
public benefit, is--
(1) an alien who is lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(2) an alien who is granted asylum under section 208 of
such Act,
(3) a refugee who is admitted to the United States under
section 207 of such Act,
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act for a period of at least 1
year,
(5) an alien whose deportation is being withheld under
section 243(h) of such Act, or
(6) an alien who is granted conditional entry pursuant to
section 203(a)(7) of such Act as in effect prior to April 1,
1980.
SEC. 432. VERIFICATION OF ELIGIBILITY FOR FEDERAL PUBLIC
BENEFITS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Attorney General of the United
States, after consultation with the Secretary of Health and
Human Services, shall promulgate regulations requiring
verification that a person applying for a Federal public
benefit (as defined in section 401(c)), to which the
limitation under section 401 applies, is a qualified alien
and is eligible to receive such benefit. Such regulations
shall, to the extent feasible, require that information
requested and exchanged be similar in form and manner to
information requested and exchanged under section 1137 of the
Social Security Act.
(b) State Compliance.--Not later than 24 months after the
date the regulations described in subsection (a) are adopted,
a State that administers a program that provides a
[[Page 1817]]
Federal public benefit shall have in effect a verification
system that complies with the regulations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purpose of this section.
SEC. 433. STATUTORY CONSTRUCTION.
(a) Limitation.--
(1) Nothing in this title may be construed as an
entitlement or a determination of an individual's eligibility
or fulfillment of the requisite requirements for any Federal,
State, or local governmental program, assistance, or
benefits. For purposes of this title, eligibility relates
only to the general issue of eligibility or ineligibility on
the basis of alienage.
(2) Nothing in this title may be construed as addressing
alien eligibility for a basic public education as determined
by the Supreme Court of the United States under Plyler v. Doe
(457 U.S. 202)(1982).
(b) Not Applicable to Foreign Assistance.--This title does
not apply to any Federal, State, or local governmental
program, assistance, or benefits provided to an alien under
any program of foreign assistance as determined by the
Secretary of State in consultation with the Attorney General.
(c) Severability.--If any provision of this title or the
application of such provision to any person or circumstance
is held to be unconstitutional, the remainder of this title
and the application of the provisions of such to any person
or circumstance shall not be affected thereby.
SEC. 434. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT
AGENCIES AND THE IMMIGRATION AND NATURALIZATION
SERVICE.
Notwithstanding any other provision of Federal, State, or
local law, no State or local government entity may be
prohibited, or in any way restricted, from sending to or
receiving from the Immigration and Naturalization Service
information regarding the immigration status, lawful or
unlawful, of an alien in the United States.
SEC. 435. QUALIFYING QUARTERS.
For purposes of this title, in determining the number of
qualifying quarters of coverage under title II of the Social
Security Act an alien shall be credited with--
(1) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18, and
(2) all of the qualifying quarters worked by a spouse of
such alien during their marriage and the alien remains
married to such spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable
under title II of the Social Security Act for any period
beginning after December 31, 1996, may be credited to an
alien under paragraph (1) or (2) if the parent or spouse (as
the case may be) of such alien received any Federal means-
tested public benefit (as provided under section 403) during
the period for which such qualifying quarter of coverage is
so credited.
Subtitle E--Conforming Amendments Relating to Assisted Housing
SEC. 441. CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING.
(a) Limitations on Assistance.--Section 214 of the Housing
and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended--
(1) by striking ``Secretary of Housing and Urban
Development'' each place it appears and inserting
``applicable Secretary'';
(2) in subsection (b), by inserting after ``National
Housing Act,'' the following: ``the direct loan program under
section 502 of the Housing Act of 1949 or section
502(c)(5)(D), 504, 521(a)(2)(A), or 542 of such Act, subtitle
A of title III of the Cranston-Gonzalez National Affordable
Housing Act,'';
(3) in paragraphs (2) through (6) of subsection (d), by
striking ``Secretary'' each place it appears and inserting
``applicable Secretary'';
(4) in subsection (d), in the matter following paragraph
(6), by striking ``the term `Secretary''' and inserting ``the
term `applicable Secretary'''; and
(5) by adding at the end the following new subsection:
``(h) For purposes of this section, the term `applicable
Secretary' means--
``(1) the Secretary of Housing and Urban Development, with
respect to financial assistance administered by such
Secretary and financial assistance under subtitle A of title
III of the Cranston-Gonzalez National Affordable Housing Act;
and
``(2) the Secretary of Agriculture, with respect to
financial assistance administered by such Secretary.''.
(b) Conforming Amendments.--Section 501(h) of the Housing
Act of 1949 (42 U.S.C. 1471(h)) is amended--
(1) by striking ``(1)'';
(2) by striking ``by the Secretary of Housing and Urban
Development''; and
(3) by striking paragraph (2).
Subtitle F--Earned Income Credit Denied to Unauthorized Employees
SEC. 451. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT
AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to individuals eligible to claim the
earned income credit) is amended by adding at the end the
following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual who
does not include on the return of tax for the taxable year--
``(i) such individual's taxpayer identification number, and
``(ii) if the individual is married (within the meaning of
section 7703), the taxpayer identification number of such
individual's spouse.''.
(b) Special Identification Number.--Section 32 of such Code
is amended by adding at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of
subsections (c)(1)(F) and (c)(3)(D), a taxpayer
identification number means a social security number issued
to an individual by the Social Security Administration (other
than a social security number issued pursuant to clause (II)
(or that portion of clause (III) that relates to clause (II))
of section 205(c)(2)(B)(i) of the Social Security Act).''.
(c) Extension of Procedures Applicable to Mathematical or
Clerical Errors.--Section 6213(g)(2) of such Code (relating
to the definition of mathematical or clerical errors) is
amended by striking ``and' at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and
inserting a comma, and by inserting after subparagraph (E)
the following new subparagraphs:
``(F) an omission of a correct taxpayer identification
number required under section 32 (relating to the earned
income credit) to be included on a return, and
``(G) an entry on a return claiming the credit under
section 32 with respect to net earnings from self-employment
described in section 32(c)(2)(A) to the extent the tax
imposed by section 1401 (relating to self-employment tax) on
such net earnings has not been paid.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to returns the due date for which
(without regard to extensions) is more than 30 days after the
date of the enactment of this Act.
TITLE V--CHILD PROTECTION
SEC. 501. AUTHORITY OF STATES TO MAKE FOSTER CARE MAINTENANCE
PAYMENTS ON BEHALF OF CHILDREN IN ANY PRIVATE
CHILD CARE INSTITUTION.
Section 472(c)(2) of the Social Security Act (42 U.S.C.
672(c)(2)) is amended by striking ``nonprofit''.
SEC. 502. EXTENSION OF ENHANCED MATCH FOR IMPLEMENTATION OF
STATEWIDE AUTOMATED CHILD WELFARE INFORMATION
SYSTEMS.
Section 13713(b)(2) of the Omnibus Budget Reconciliation
Act of 1993 (42 U.S.C. 674 note; 107 Stat. 657) is amended by
striking ``1996'' and inserting ``1997''.
SEC. 503. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
Part B of title IV of the Social Security Act (42 U.S.C.
620-628a) is amended by adding at the end the following:
``SEC. 429A. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
``(a) In General.--The Secretary shall conduct a national
study based on random samples of children who are at risk of
child abuse or neglect, or are determined by States to have
been abused or neglected.
``(b) Requirements.--The study required by subsection (a)
shall--
``(1) have a longitudinal component; and
``(2) yield data reliable at the State level for as many
States as the Secretary determines is feasible.
``(c) Preferred Contents.--In conducting the study required
by subsection (a), the Secretary should--
``(1) carefully consider selecting the sample from cases of
confirmed abuse or neglect; and
``(2) follow each case for several years while obtaining
information on, among other things--
``(A) the type of abuse or neglect involved;
``(B) the frequency of contact with State or local
agencies;
``(C) whether the child involved has been separated from
the family, and, if so, under what circumstances;
``(D) the number, type, and characteristics of out-of-home
placements of the child; and
``(E) the average duration of each placement.
``(d) Reports.--
``(1) In general.--From time to time, the Secretary shall
prepare reports summarizing the results of the study required
by subsection (a).
``(2) Availability.--The Secretary shall make available to
the public any report prepared under paragraph (1), in
writing or in the form of an electronic data tape.
``(3) Authority to charge fee.--The Secretary may charge
and collect a fee for the furnishing of reports under
paragraph (2).
``(e) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated to the Secretary for each of fiscal years 1996
through 2002 $6,000,000 to carry out this section.''.
SEC. 504. REDESIGNATION OF SECTION 1123.
The Social Security Act is amended by redesignating section
1123, the second place it appears (42 U.S.C. 1320a-1a), as
section 1123A.
SEC. 505. KINSHIP CARE.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following:
``(18) provides that the State shall consider giving
preference to an adult relative over a
[[Page 1818]]
non-related caregiver when determining a placement for a
child, provided that the relative caregiver meets all
relevant State child protection standards.''.
TITLE VI--CHILD CARE
SEC. 601. SHORT TITLE AND REFERENCES.
(a) Short Title.--This title may be cited as the ``Child
Care and Development Block Grant Amendments of 1996''.
(b) References.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
SEC. 602. GOALS.
Section 658A (42 U.S.C. 9801 note) is amended--
(1) in the section heading by inserting ``and goals'' after
``title'';
(2) by inserting ``(a) Short Title.--'' before ``This'';
and
(3) by adding at the end the following:
``(b) Goals.--The goals of this subchapter are--
``(1) to allow each State maximum flexibility in developing
child care programs and policies that best suit the needs of
children and parents within such State;
``(2) to promote parental choice to empower working parents
to make their own decisions on the child care that best suits
their family's needs;
``(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care;
``(4) to assist States to provide child care to parents
trying to achieve independence from public assistance; and
``(5) to assist States in implementing the health, safety,
licensing, and registration standards established in State
regulations.''.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS AND ENTITLEMENT
AUTHORITY.
(a) In General.--Section 658B (42 U.S.C. 9858) is amended
to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter $1,000,000,000 for each of the fiscal years 1996
through 2002.''.
(b) Social Security Act.--Part A of title IV of the Social
Security Act (42 U.S.C. 601-617) is amended by adding at the
end the following new section:
``SEC. 418. FUNDING FOR CHILD CARE.
``(a) General Child Care Entitlement.--
``(1) General entitlement.--Subject to the amount
appropriated under paragraph (3), each State shall, for the
purpose of providing child care assistance, be entitled to
payments under a grant under this subsection for a fiscal
year in an amount equal to--
``(A) the sum of the total amount required to be paid to
the State under section 403 for fiscal year 1994 or 1995
(whichever is greater) with respect to amounts expended for
child care under section--
``(i) 402(g) of this Act (as such section was in effect
before October 1, 1995); and
``(ii) 402(i) of this Act (as so in effect); or
``(B) the average of the total amounts required to be paid
to the State for fiscal years 1992 through 1994 under the
sections referred to in subparagraph (A);
whichever is greater.
``(2) Remainder.--
``(A) Grants.--The Secretary shall use any amounts
appropriated for a fiscal year under paragraph (3), and
remaining after the reservation described in paragraph (4)
and after grants are awarded under paragraph (1), to make
grants to States under this paragraph.
``(B) Amount.--Subject to subparagraph (C), the amount of a
grant awarded to a State for a fiscal year under this
paragraph shall be based on the formula used for determining
the amount of Federal payments to the State under section
403(n) (as such section was in effect before October 1,
1995).
``(C) Matching requirement.--The Secretary shall pay to
each eligible State in a fiscal year an amount, under a grant
under subparagraph (A), equal to the Federal medical
assistance percentage for such State for fiscal year 1995 (as
defined in section 1905(b)) of so much of the expenditures by
the State for child care in such year as exceed the State
set-aside for such State under paragraph (1)(A) for such year
and the amount of State expenditures in fiscal year 1994 or
1995 (whichever is greater) that equal the non-Federal share
for the programs described in subparagraph (A) of paragraph
(1).
``(D) Redistribution.--
``(i) In general.--With respect to any fiscal year, if the
Secretary determines (in accordance with clause (ii)) that
amounts under any grant awarded to a State under this
paragraph for such fiscal year will not be used by such State
during such fiscal year for carrying out the purpose for
which the grant is made, the Secretary shall make such
amounts available in the subsequent fiscal year for carrying
out such purpose to 1 or more States which apply for such
funds to the extent the Secretary determines that such States
will be able to use such additional amounts for carrying out
such purpose. Such available amounts shall be redistributed
to a State pursuant to section 403(n) (as such section was in
effect before October 1, 1995) by substituting `the number of
children residing in all States applying for such funds' for
`the number of children residing in the United States in the
second preceding fiscal year'.
``(ii) Time of determination and distribution.--The
determination of the Secretary under clause (i) for a fiscal
year shall be made not later than the end of the first
quarter of the subsequent fiscal year. The redistribution of
amounts under clause (i) shall be made as close as
practicable to the date on which such determination is made.
Any amount made available to a State from an appropriation
for a fiscal year in accordance with this subparagraph shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under this subsection) for the
fiscal year in which the redistribution is made.
``(3) Appropriation.--For grants under this section, there
are appropriated--
``(A) $1,967,000,000 for fiscal year 1997;
``(B) $2,067,000,000 for fiscal year 1998;
``(C) $2,167,000,000 for fiscal year 1999;
``(D) $2,367,000,000 for fiscal year 2000;
``(E) $2,567,000,000 for fiscal year 2001; and
``(F) $2,717,000,000 for fiscal year 2002.
``(4) Indian tribes.--The Secretary shall reserve not less
than 1 percent, and not more 2 percent, of the aggregate
amount appropriated to carry out this section in each fiscal
year for payments to Indian tribes and tribal organizations.
``(b) Use of Funds.--
``(1) In general.--Amounts received by a State under this
section shall only be used to provide child care assistance.
Amounts received by a State under a grant under subsection
(a)(1) shall be available for use by the State without fiscal
year limitation.
``(2) Use for certain populations.--A State shall ensure
that not less than 70 percent of the total amount of funds
received by the State in a fiscal year under this section are
used to provide child care assistance to families who are
receiving assistance under a State program under this part,
families who are attempting through work activities to
transition off of such assistance program, and families who
are at risk of becoming dependent on such assistance program.
``(c) Application of Child Care and Development Block Grant
Act of 1990.--Notwithstanding any other provision of law,
amounts provided to a State under this section shall be
transferred to the lead agency under the Child Care and
Development Block Grant Act of 1990, integrated by the State
into the programs established by the State under such Act,
and be subject to requirements and limitations of such Act.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States or the District of
Columbia.''.
SEC. 604. LEAD AGENCY.
Section 658D(b) (42 U.S.C. 9858b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``State'' the first
place that such appears and inserting ``governmental or
nongovernmental''; and
(B) in subparagraph (C), by inserting ``with sufficient
time and Statewide distribution of the notice of such
hearing,'' after ``hearing in the State''; and
(2) in paragraph (2), by striking the second sentence.
SEC. 605. APPLICATION AND PLAN.
Section 658E (42 U.S.C. 9858c) is amended--
(1) in subsection (b)--
(A) by striking ``implemented--'' and all that follows
through ``(2)'' and inserting ``implemented''; and
(B) by striking ``for subsequent State plans'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i) by striking ``, other than through
assistance provided under paragraph (3)(C),''; and
(II) by striking ``except'' and all that follows through
``1992'', and inserting ``and provide a detailed description
of the procedures the State will implement to carry out the
requirements of this subparagraph'';
(ii) in subparagraph (B)--
(I) by striking ``Provide assurances'' and inserting
``Certify''; and
(II) by inserting before the period at the end ``and
provide a detailed description of such procedures'';
(iii) in subparagraph (C)--
(I) by striking ``Provide assurances'' and inserting
``Certify''; and
(II) by inserting before the period at the end ``and
provide a detailed description of how such record is
maintained and is made available'';
(iv) by amending subparagraph (D) to read as follows:
``(D) Consumer education information.--Certify that the
State will collect and disseminate to parents of eligible
children and the general public, consumer education
information that will promote informed child care choices.'';
(v) in subparagraph (E), to read as follows:
``(E) Compliance with state licensing requirements.--
``(i) In general.--Certify that the State has in effect
licensing requirements applicable to child care services
provided within the State, and provide a detailed description
of such requirements and of how such requirements are
effectively enforced. Nothing in the preceding sentence shall
be construed to require that licensing requirements be
applied to specific types of providers of child care
services.
``(ii) Indian tribes and tribal organizations.--In lieu of
any licensing and regulatory requirements applicable under
State and local law, the Secretary, in consultation with
Indian tribes and tribal organizations, shall develop minimum
child care standards
[[Page 1819]]
(that appropriately reflect tribal needs and available
resources) that shall be applicable to Indian tribes and
tribal organization receiving assistance under this
subchapter.'';
(vi) in subparagraph (F) by striking ``Provide assurances''
and inserting ``Certify'';
(vii) in subparagraph (G) by striking ``Provide
assurances'' and inserting ``Certify''; and
(viii) by striking subparagraphs (H), (I), and (J) and
inserting the following:
``(H) Meeting the needs of certain populations.--
Demonstrate the manner in which the State will meet the
specific child care needs of families who are receiving
assistance under a State program under part A of title IV of
the Social Security Act, families who are attempting through
work activities to transition off of such assistance program,
and families that are at risk of becoming dependent on such
assistance program.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``(B) and (C)'' and
inserting ``(B) through (D)'';
(ii) in subparagraph (B)--
(I) by striking ``.--Subject to the reservation contained
in subparagraph (C), the'' and inserting ``and related
activities.--The'';
(II) in clause (i) by striking ``; and'' at the end and
inserting a period;
(III) by striking ``for--'' and all that follows through
``section 658E(c)(2)(A)'' and inserting ``for child care
services on a sliding fee scale basis, activities that
improve the quality or availability of such services, and any
other activity that the State deems appropriate to realize
any of the goals specified in paragraphs (2) through (5) of
section 658A(b)''; and
(IV) by striking clause (ii);
(iii) by amending subparagraph (C) to read as follows:
``(C) Limitation on administrative costs.--Not more than 5
percent of the aggregate amount of funds available to the
State to carry out this subchapter by a State in each fiscal
year may be expended for administrative costs incurred by
such State to carry out all of its functions and duties under
this subchapter. As used in the preceding sentence, the term
`administrative costs' shall not include the costs of
providing direct services.''; and
(iv) by adding at the end thereof the following:
``(D) Assistance for certain families.--A State shall
ensure that a substantial portion of the amounts available
(after the State has complied with the requirement of section
418(b)(2) of the Social Security Act with respect to each of
the fiscal years 1997 through 2002) to the State to carry out
activities under this subchapter in each fiscal year is used
to provide assistance to low-income working families other
than families described in paragraph (2)(H).''; and
(C) in paragraph (4)(A)--
(i) by striking ``provide assurances'' and inserting
``certify'';
(ii) in the first sentence by inserting ``and shall provide
a summary of the facts relied on by the State to determine
that such rates are sufficient to ensure such access'' before
the period; and
(iii) by striking the last sentence.
SEC. 606. LIMITATION ON STATE ALLOTMENTS.
Section 658F(b)(1) (42 U.S.C. 9858d(b)(1)) is amended by
striking ``No'' and inserting ``Except as provided for in
section 658O(c)(6), no''.
SEC. 607. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
Section 658G (42 U.S.C. 9858e) is amended to read as
follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``A State that receives funds to carry out this subchapter
for a fiscal year, shall use not less than 4 percent of the
amount of such funds for activities that are designed to
provide comprehensive consumer education to parents and the
public, activities that increase parental choice, and
activities designed to improve the quality and availability
of child care (such as resource and referral services).''.
SEC. 608. REPEAL OF EARLY CHILDHOOD DEVELOPMENT AND BEFORE-
AND AFTER-SCHOOL CARE REQUIREMENT.
Section 658H (42 U.S.C. 9858f) is repealed.
SEC. 609. ADMINISTRATION AND ENFORCEMENT.
Section 658I(b) (42 U.S.C. 9858g(b)) is amended--
(1) in paragraph (1), by striking ``, and shall have'' and
all that follows through ``(2)''; and
(2) in the matter following clause (ii) of paragraph
(2)(A), by striking ``finding and that'' and all that follows
through the period and inserting ``finding and shall require
that the State reimburse the Secretary for any funds that
were improperly expended for purposes prohibited or not
authorized by this subchapter, that the Secretary deduct from
the administrative portion of the State allotment for the
following fiscal year an amount that is less than or equal to
any improperly expended funds, or a combination of such
options.''.
SEC. 610. PAYMENTS.
Section 658J(c) (42 U.S.C. 9858h(c)) is amended--
(1) by striking ``expended'' and inserting ``obligated'';
and
(2) by striking ``3 fiscal years'' and inserting ``fiscal
year''.
SEC. 611. ANNUAL REPORT AND AUDITS.
Section 658K (42 U.S.C. 9858i) is amended--
(1) in the section heading by striking ``annual report''
and inserting ``reports'';
(2) in subsection (a), to read as follows:
``(a) Reports.--
``(1) Collection of information by states.--
``(A) In general.--A State that receives funds to carry out
this subchapter shall collect the information described in
subparagraph (B) on a monthly basis.
``(B) Required information.--The information required under
this subparagraph shall include, with respect to a family
unit receiving assistance under this subchapter information
concerning--
``(i) family income;
``(ii) county of residence;
``(iii) the gender, race, and age of children receiving
such assistance;
``(iv) whether the family includes only 1 parent;
``(v) the sources of family income, including the amount
obtained from (and separately identified)--
``(I) employment, including self-employment;
``(II) cash or other assistance under part A of title IV of
the Social Security Act;
``(III) housing assistance;
``(IV) assistance under the Food Stamp Act of 1977; and
``(V) other assistance programs;
``(vi) the number of months the family has received
benefits;
``(vii) the type of child care in which the child was
enrolled (such as family child care, home care, or center-
based child care);
``(viii) whether the child care provider involved was a
relative;
``(ix) the cost of child care for such families; and
``(x) the average hours per week of such care;
during the period for which such information is required to
be submitted.
``(C) Submission to secretary.--A State described in
subparagraph (A) shall, on a quarterly basis, submit the
information required to be collected under subparagraph (B)
to the Secretary.
``(D) Sampling.--The Secretary may disapprove the
information collected by a State under this paragraph if the
State uses sampling methods to collect such information.
``(2) Biannual reports.--Not later than December 31, 1997,
and every 6 months thereafter, a State described in paragraph
(1)(A) shall prepare and submit to the Secretary a report
that includes aggregate data concerning--
``(A) the number of child care providers that received
funding under this subchapter as separately identified based
on the types of providers listed in section 658P(5);
``(B) the monthly cost of child care services, and the
portion of such cost that is paid for with assistance
provided under this subchapter, listed by the type of child
care services provided;
``(C) the number of payments made by the State through
vouchers, contracts, cash, and disregards under public
benefit programs, listed by the type of child care services
provided;
``(D) the manner in which consumer education information
was provided to parents and the number of parents to whom
such information was provided; and
``(E) the total number (without duplication) of children
and families served under this subchapter;
during the period for which such report is required to be
submitted.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``a application'' and
inserting ``an application'';
(B) in paragraph (2) by striking ``any agency administering
activities that receive'' and inserting ``the State that
receives''; and
(C) in paragraph (4) by striking ``entitles'' and inserting
``entitled''.
SEC. 612. REPORT BY THE SECRETARY.
Section 658L (42 U.S.C. 9858j) is amended--
(1) by striking ``1993'' and inserting ``1997'';
(2) by striking ``annually'' and inserting ``biennially'';
and
(3) by striking ``Education and Labor'' and inserting
``Economic and Educational Opportunities''.
SEC. 613. ALLOTMENTS.
Section 658O (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1)
(i) by striking ``Possessions'' and inserting
``possessions'';
(ii) by inserting ``and'' after ``States,''; and
(iii) by striking ``, and the Trust Territory of the
Pacific Islands''; and
(B) in paragraph (2), by striking ``more than 3 percent''
and inserting ``less than 1 percent, and not more than 2
percent,'';
(2) in subsection (c)--
(A) in paragraph (5) by striking ``our'' and inserting
``out''; and
(B) by adding at the end thereof the following new
paragraph:
``(6) Construction or renovation of facilities.--
``(A) Request for use of funds.--An Indian tribe or tribal
organization may submit to the Secretary a request to use
amounts provided under this subsection for construction or
renovation purposes.
``(B) Determination.--With respect to a request submitted
under subparagraph (A), and except as provided in
subparagraph (C), upon a determination by the Secretary that
adequate facilities are not otherwise available to an Indian
tribe or tribal organization to enable such tribe or
organization to carry out child care programs in accordance
with this subchapter, and that the lack of such facilities
will inhibit the operation of such programs in the future,
the Secretary may permit the tribe or organization to use
assistance provided under this subsection to
[[Page 1820]]
make payments for the construction or renovation of
facilities that will be used to carry out such programs.
``(C) Limitation.--The Secretary may not permit an Indian
tribe or tribal organization to use amounts provided under
this subsection for construction or renovation if such use
will result in a decrease in the level of child care services
provided by the tribe or organization as compared to the
level of such services provided by the tribe or organization
in the fiscal year preceding the year for which the
determination under subparagraph (A) is being made.
``(D) Uniform procedures.--The Secretary shall develop and
implement uniform procedures for the solicitation and
consideration of requests under this paragraph.''; and
(3) in subsection (e), by adding at the end thereof the
following new paragraph:
``(4) Indian tribes or tribal organizations.--Any portion
of a grant or contract made to an Indian tribe or tribal
organization under subsection (c) that the Secretary
determines is not being used in a manner consistent with the
provision of this subchapter in the period for which the
grant or contract is made available, shall be allotted by the
Secretary to other tribes or organizations that have
submitted applications under subsection (c) in accordance
with their respective needs.''.
SEC. 614. DEFINITIONS.
Section 658P (42 U.S.C. 9858n) is amended--
(1) in paragraph (2), in the first sentence by inserting
``or as a deposit for child care services if such a deposit
is required of other children being cared for by the
provider'' after ``child care services''; and
(2) by striking paragraph (3);
(3) in paragraph (4)(B), by striking ``75 percent'' and
inserting ``85 percent'';
(4) in paragraph (5)(B)--
(A) by inserting ``great grandchild, sibling (if such
provider lives in a separate residence),'' after
``grandchild,'';
(B) by striking ``is registered and''; and
(C) by striking ``State'' and inserting ``applicable''.
(5) by striking paragraph (10);
(6) in paragraph (13)--
(A) by inserting ``or'' after ``Samoa,''; and
(B) by striking ``, and the Trust Territory of the Pacific
Islands'';
(7) in paragraph (14)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end thereof the following new
subparagraph:
``(B) Other organizations.--Such term includes a Native
Hawaiian Organization, as defined in section 4009(4) of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 (20 U.S.C.
4909(4)) and a private nonprofit organization established for
the purpose of serving youth who are Indians or Native
Hawaiians.''.
SEC. 615. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
on October 1, 1996.
(b) Exception.--The amendment made by section 603(a) shall
take effect on the date of enactment of this Act.
TITLE VII--CHILD NUTRITION PROGRAMS
Subtitle A--National School Lunch Act
SEC. 701. STATE DISBURSEMENT TO SCHOOLS.
(a) In General.--Section 8 of the National School Lunch Act
(42 U.S.C. 1757) is amended--
(1) in the third sentence, by striking ``Nothing'' and all
that follows through ``educational agency to'' and inserting
``The State educational agency may'';
(2) by striking the fourth and fifth sentences;
(3) by redesignating the first through seventh sentences,
as amended by paragraph (2), as subsections (a) through (g),
respectively;
(4) in subsection (b), as redesignated by paragraph (3), by
striking ``the preceding sentence'' and inserting
``subsection (a)''; and
(5) in subsection (d), as redesignated by paragraph (3), by
striking ``Such food costs'' and inserting ``Use of funds
paid to States''.
(b) Definition of Child.--Section 12(d) of the National
School Lunch Act (42 U.S.C. 1760(d)) is amended by adding at
the end the following:
``(9) Child.--
``(A) In general.--The term `child' includes an individual,
regardless of age, who--
``(i) is determined by a State educational agency, in
accordance with regulations prescribed by the Secretary, to
have 1 or more mental or physical disabilities; and
``(ii) is attending any institution, as defined in section
17(a), or any nonresidential public or nonprofit private
school of high school grade or under, for the purpose of
participating in a school program established for individuals
with mental or physical disabilities.
``(B) Relationship to child and adult care food program.--
No institution that is not otherwise eligible to participate
in the program under section 17 shall be considered eligible
because of this paragraph.''.
SEC. 702. NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS.
(a) Nutritional Standards.--Section 9(a) of the National
School Lunch Act (42 U.S.C. 1758(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2)(A) Lunches'' and inserting ``(2)
Lunches'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Utilization of Agricultural Commodities.--Section 9(c)
of the National School Lunch Act (42 U.S.C. 1758(c)) is
amended--
(1) in the fifth sentence, by striking ``of the provisions
of law referred to in the preceding sentence'' and inserting
``provision of law''; and
(2) by striking the second, fourth, and sixth sentences.
(c) Nutritional Information.--Section 9(f) of the National
School Lunch Act (42 U.S.C. 1758(f)) is amended--
(1) by striking paragraph (1);
(2) by striking ``(2)'';
(3) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4), respectively;
(4) by striking paragraph (1), as redesignated by paragraph
(3), and inserting the following:
``(1) Nutritional requirements.--Except as provided in
paragraph (2), not later than the first day of the 1996-1997
school year, schools that are participating in the school
lunch or school breakfast program shall serve lunches and
breakfasts under the program that--
``(A) are consistent with the goals of the most recent
Dietary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
``(B) provide, on the average over each week, at least--
``(i) with respect to school lunches, \1/3\ of the daily
recommended dietary allowance established by the Food and
Nutrition Board of the National Research Council of the
National Academy of Sciences; and
``(ii) with respect to school breakfasts, \1/4\ of the
daily recommended dietary allowance established by the Food
and Nutrition Board of the National Research Council of the
National Academy of Sciences.'';
(5) in paragraph (3), as redesignated by paragraph (3)--
(A) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(B) in subparagraph (A), as so redesignated, by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively; and
(6) in paragraph (4), as redesignated by paragraph (3)--
(A) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(B) in subparagraph (A), as redesignated by subparagraph
(A), by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively; and
(C) in subparagraph (A)(ii), as redesignated by
subparagraph (B), by striking ``subparagraph (C)'' and
inserting ``paragraph (3)''.
(d) Use of Resources.--Section 9 of the National School
Lunch Act (42 U.S.C. 1758) is amended by striking subsection
(h).
SEC. 703. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 9(b)(2) of the National School Lunch Act (42 U.S.C.
1758(b)(2)) is amended by adding at the end the following:
``(D) Free and reduced price policy statement.--After the
initial submission, a school food authority shall not be
required to submit a free and reduced price policy statement
to a State educational agency under this Act unless there is
a substantive change in the free and reduced price policy of
the school food authority. A routine change in the policy of
a school food authority, such as an annual adjustment of the
income eligibility guidelines for free and reduced price
meals, shall not be sufficient cause for requiring the school
food authority to submit a policy statement.''.
SEC. 704. SPECIAL ASSISTANCE.
(a) Extension of Payment Period.--Section 11(a)(1)(D)(i) of
the National School Lunch Act (42 U.S.C. 1759a(a)(1)(D)(i))
is amended by striking ``, on the date of enactment of this
subparagraph,''.
(b) Rounding Rule for Lunch, Breakfast, and Supplement
Rates.--
(1) In general.--The third sentence of section 11(a)(3)(B)
of the National School Lunch Act (42 U.S.C. 1759a(a)(3)(B))
is amended by adding before the period at the end the
following: ``, except that adjustments to payment rates for
meals and supplements served to individuals not determined to
be eligible for free or reduced price meals and supplements
shall be computed to the nearest lower cent increment and
based on the unrounded amount for the preceding 12-month
period''.
(2) Effective date.--The amendment made by paragraph (1)
shall become effective on July 1, 1997.
(c) Applicability of Other Provisions.--Section 11 of the
National School Lunch Act (42 U.S.C. 1759a) is amended--
(1) by striking subsection (d);
(2) in subsection (e)(2)--
(A) by striking ``The'' and inserting ``On request of the
Secretary, the''; and
(B) by striking ``each month''; and
(3) by redesignating subsections (e) and (f), as so
amended, as subsections (d) and (e), respectively.
SEC. 705. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
(a) Accounts and Records.--The second sentence of section
12(a) of the National School Lunch Act (42 U.S.C. 1760(a)) is
amended by striking ``at all times be available'' and
inserting ``be available at any reasonable time''.
(b) Restriction on Requirements.--Section 12(c) of the
National School Lunch Act
[[Page 1821]]
(42 U.S.C. 1760(c)) is amended by striking ``neither the
Secretary nor the State shall'' and inserting ``the Secretary
shall not''.
(c) Definitions.--Section 12(d) of the National School
Lunch Act (42 U.S.C. 1760(d)), as amended by section 701(b),
is amended--
(1) in paragraph (1), by striking ``the Trust Territory of
the Pacific Islands'' and inserting ``the Commonwealth of the
Northern Mariana Islands'';
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (1), (2), and (5) through
(9) as paragraphs (6), (7), (3), (4), (2), (5), and (1),
respectively, and rearranging the paragraphs so as to appear
in numerical order.
(d) Adjustments to National Average Payment Rates.--Section
12(f) of the National School Lunch Act (42 U.S.C. 1760(f)) is
amended by striking ``the Trust Territory of the Pacific
Islands,''.
(e) Expedited Rulemaking.--Section 12(k) of the National
School Lunch Act (42 U.S.C. 1760(k)) is amended--
(1) by striking paragraphs (1), (2), and (5);
(2) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (1), as redesignated by paragraph (2), by
striking ``Guidelines'' and inserting ``guidelines contained
in the most recent `Dietary Guidelines for Americans' that is
published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C.
5341)''.
(f) Waiver.--Section 12(l) of the National School Lunch Act
(42 U.S.C. 1760(l)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (iii), by adding ``and'' at the end;
(B) in clause (iv), by striking the semicolon at the end
and inserting a period; and
(C) by striking clauses (v) through (vii);
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraphs (B) through (D);
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``of any requirement relating'' and inserting ``that
increases Federal costs or that relates'';
(B) by striking subparagraph (D);
(C) by redesignating subparagraphs (E) through (N) as
subparagraphs (D) through (M), respectively; and
(D) in subparagraph (L), as redesignated by subparagraph
(C), by striking ``and'' at the end and inserting ``or''; and
(4) in paragraph (6)--
(A) by striking ``(A)(i)'' and all that follows through
``(B)''; and
(B) by redesignating clauses (i) through (iv) as
subparagraphs (A) through (D), respectively.
SEC. 706. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
(a) Establishment of Program.--Section 13(a) of the
National School Lunch Act (42 U.S.C. 1761(a)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``initiate,
maintain, and expand'' and inserting ``initiate and
maintain''; and
(B) in subparagraph (E) of the second sentence, by striking
``the Trust Territory of the Pacific Islands,''; and
(2) in paragraph (7)(A), by striking ``Except as provided
in subparagraph (C), private'' and inserting ``Private''.
(b) Service Institutions.--Section 13(b) of the National
School Lunch Act (42 U.S.C. 1761(b)) is amended by striking
``(b)(1)'' and all that follows through the end of paragraph
(1) and inserting the following:
``(b) Service Institutions.--
``(1) Payments.--
``(A) In general.--Except as otherwise provided in this
paragraph, payments to service institutions shall equal the
full cost of food service operations (which cost shall
include the costs of obtaining, preparing, and serving food,
but shall not include administrative costs).
``(B) Maximum amounts.--Subject to subparagraph (C),
payments to any institution under subparagraph (A) shall not
exceed--
``(i) $1.97 for each lunch and supper served;
``(ii) $1.13 for each breakfast served; and
``(iii) 46 cents for each meal supplement served.
``(C) Adjustments.--Amounts specified in subparagraph (B)
shall be adjusted on January 1, 1997, and each January 1
thereafter, to the nearest lower cent increment to reflect
changes for the 12-month period ending the preceding November
30 in the series for food away from home of the Consumer
Price Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor. Each
adjustment shall be based on the unrounded adjustment for the
prior 12-month period.''.
(c) Administration of Service Institutions.--Section
13(b)(2) of the National School Lunch Act (42 U.S.C.
1761(b)(2)) is amended--
(1) in the first sentence, by striking ``four meals'' and
inserting ``3 meals, or 2 meals and 1 supplement,''; and
(2) by striking the second sentence.
(d) Reimbursements.--Section 13(c)(2) of the National
School Lunch Act (42 U.S.C. 1761(c)(2)) is amended--
(1) by striking subparagraphs (A), (C), (D), and (E);
(2) by striking ``(B)'';
(3) by striking ``, and such higher education
institutions,''; and
(4) by striking ``without application'' and inserting ``on
showing residence in areas in which poor economic conditions
exist or on the basis of income eligibility statements for
children enrolled in the program''.
(e) Advance Program Payments.--Section 13(e)(1) of the
National School Lunch Act (42 U.S.C. 1761(e)(1)) is amended--
(1) by striking ``institution: Provided, That (A) the'' and
inserting ``institution. The'';
(2) by inserting ``(excluding a school)'' after ``any
service institution''; and
(3) by striking ``responsibilities, and (B) no'' and
inserting ``responsibilities. No''.
(f) Food Requirements.--Section 13(f) of the National
School Lunch Act (42 U.S.C. 1761(f)) is amended--
(1) by redesignating the first through seventh sentences as
paragraphs (1) through (7), respectively;
(2) by striking paragraph (3), as redesignated by paragraph
(1);
(3) in paragraph (4), as redesignated by paragraph (1), by
striking ``the first sentence'' and inserting ``paragraph
(1)'';
(4) in subparagraph (B) of paragraph (6), as redesignated
by paragraph (1), by striking ``that bacteria levels'' and
all that follows through the period at the end and inserting
``conformance with standards set by local health
authorities.''; and
(5) by redesignating paragraphs (4) through (7), as
redesignated by paragraph (1), as paragraphs (3) through (6),
respectively.
(g) Permitting Offer Versus Serve.--Section 13(f) of the
National School Lunch Act (42 U.S.C. 1761(f)), as amended by
subsection (f), is amended by adding at the end the
following:
``(7) Offer versus serve.--A school food authority
participating as a service institution may permit a child
attending a site on school premises operated directly by the
authority to refuse 1 or more items of a meal that the child
does not intend to consume, under rules that the school uses
for school meals programs. A refusal of an offered food item
shall not affect the amount of payments made under this
section to a school for the meal.''.
(h) Records.--The second sentence of section 13(m) of the
National School Lunch Act (42 U.S.C. 1761(m)) is amended by
striking ``at all times be available'' and inserting ``be
available at any reasonable time''.
(i) Removing Mandatory Notice to Institutions.--Section
13(n)(2) of the National School Lunch Act (42 U.S.C.
1761(n)(2)) is amended by striking ``, and its plans and
schedule for informing service institutions of the
availability of the program''.
(j) Plan.--Section 13(n) of the National School Lunch Act
(42 U.S.C. 1761(n)), as amended by subsection (i), is
amended--
(1) in paragraph (2), by striking ``, including the State's
methods of assessing need'';
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ``and schedule''; and
(4) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively.
(k) Monitoring and Training.--Section 13(q) of the National
School Lunch Act (42 U.S.C. 1761(q)) is amended--
(1) by striking paragraphs (2) and (4);
(2) in paragraph (3), by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph (1)''; and
(3) by redesignating paragraph (3) as paragraph (2).
(l) Expired Program.--Section 13 of the National School
Lunch Act (42 U.S.C. 1761) is amended--
(1) by striking subsection (p); and
(2) by redesignating subsections (q) and (r) as subsections
(p) and (q), respectively.
(m) Effective Date.--The amendments made by subsection (b)
shall become effective on January 1, 1997.
SEC. 707. COMMODITY DISTRIBUTION.
(a) Cereal and Shortening in Commodity Donations.--Section
14(b) of the National School Lunch Act (42 U.S.C. 1762a(b))
is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(b) State Advisory Council.--Section 14(e) of the National
School Lunch Act (42 U.S.C. 1762a(e)) is amended to read as
follows:
``(e) Each State agency that receives food assistance
payments under this section for any school year shall consult
with representatives of schools in the State that participate
in the school lunch program with respect to the needs of such
schools relating to the manner of selection and distribution
of commodity assistance for such program.''.
(c) Cash Compensation for Pilot Project Schools.--Section
14(g) of the National School Lunch Act (42 U.S.C. 1762a(g))
is amended by striking paragraph (3).
SEC. 708. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Establishment of Program.--Section 17 of the National
School Lunch Act (42 U.S.C. 1766) is amended in the first
sentence of subsection (a), by striking ``initiate, maintain,
and expand'' and inserting ``initiate and maintain''.
(b) Payments to Sponsor Employees.--Paragraph (2) of the
last sentence of section 17(a) of the National School Lunch
Act (42 U.S.C. 1766(a)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) in the case of a family or group day care home
sponsoring organization that employs more than 1 employee,
the organization does not base payments to an employee
[[Page 1822]]
of the organization on the number of family or group day care
homes recruited.''.
(c) Technical Assistance.--The last sentence of section
17(d)(1) of the National School Lunch Act (42 U.S.C.
1766(d)(1)) is amended by striking ``, and shall provide
technical assistance'' and all that follows through ``its
application''.
(d) Reimbursement of Child Care Institutions.--Section
17(f)(2)(B) of the National School Lunch Act (42 U.S.C.
1766(f)(2)(B)) is amended by striking ``two meals and two
supplements or three meals and one supplement'' and inserting
``2 meals and 1 supplement''.
(e) Improved Targeting of Day Care Home Reimbursements.--
(1) Restructured day care home reimbursements.--Section
17(f)(3) of the National School Lunch Act (42 U.S.C.
1766(f)(3)) is amended by striking ``(3)(A) Institutions''
and all that follows through the end of subparagraph (A) and
inserting the following:
``(3) Reimbursement of family or group day care home
sponsoring organizations.--
``(A) Reimbursement factor.--
``(i) In general.--An institution that participates in the
program under this section as a family or group day care home
sponsoring organization shall be provided, for payment to a
home sponsored by the organization, reimbursement factors in
accordance with this subparagraph for the cost of obtaining
and preparing food and prescribed labor costs involved in
providing meals under this section.
``(ii) Tier i family or group day care homes.--
``(I) Definition of tier i family or group day care home.--
In this paragraph, the term `tier I family or group day care
home' means--
``(aa) a family or group day care home that is located in a
geographic area, as defined by the Secretary based on census
data, in which at least 50 percent of the children residing
in the area are members of households whose incomes meet the
income eligibility guidelines for free or reduced price meals
under section 9;
``(bb) a family or group day care home that is located in
an area served by a school enrolling elementary students in
which at least 50 percent of the total number of children
enrolled are certified eligible to receive free or reduced
price school meals under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); or
``(cc) a family or group day care home that is operated by
a provider whose household meets the income eligibility
guidelines for free or reduced price meals under section 9
and whose income is verified by the sponsoring or
organization of the home under regulations established by the
Secretary.
``(II) Reimbursement.--Except as provided in subclause
(III), a tier I family or group day care home shall be
provided reimbursement factors under this clause without a
requirement for documentation of the costs described in
clause (i), except that reimbursement shall not be provided
under this subclause for meals or supplements served to the
children of a person acting as a family or group day care
home provider unless the children meet the income eligibility
guidelines for free or reduced price meals under section 9.
``(III) Factors.--Except as provided in subclause (IV), the
reimbursement factors applied to a home referred to in
subclause (II) shall be the factors in effect on July 1,
1996.
``(IV) Adjustments.--The reimbursement factors under this
subparagraph shall be adjusted on July 1, 1997, and each July
1 thereafter, to reflect changes in the Consumer Price Index
for food at home for the most recent 12-month period for
which the data are available. The reimbursement factors under
this subparagraph shall be rounded to the nearest lower cent
increment and based on the unrounded adjustment in effect on
June 30 of the preceding school year.
``(iii) Tier ii family or group day care homes.--
``(I) In general.--
``(aa) Factors.--Except as provided in subclause (II), with
respect to meals or supplements served under this clause by a
family or group day care home that does not meet the criteria
set forth in clause (ii)(I), the reimbursement factors shall
be 95 cents for lunches and suppers, 27 cents for breakfasts,
and 13 cents for supplements.
``(bb) Adjustments.--The factors shall be adjusted on July
1, 1997, and each July 1 thereafter, to reflect changes in
the Consumer Price Index for food at home for the most recent
12-month period for which the data are available. The
reimbursement factors under this item shall be rounded down
to the nearest lower cent increment and based on the
unrounded adjustment for the preceding 12-month period.
``(cc) Reimbursement.--A family or group day care home
shall be provided reimbursement factors under this subclause
without a requirement for documentation of the costs
described in clause (i), except that reimbursement shall not
be provided under this subclause for meals or supplements
served to the children of a person acting as a family or
group day care home provider unless the children meet the
income eligibility guidelines for free or reduced price meals
under section 9.
``(II) Other factors.--A family or group day care home that
does not meet the criteria set forth in clause (ii)(I) may
elect to be provided reimbursement factors determined in
accordance with the following requirements:
``(aa) Children eligible for free or reduced price meals.--
In the case of meals or supplements served under this
subsection to children who are members of households whose
incomes meet the income eligibility guidelines for free or
reduced price meals under section 9, the family or group day
care home shall be provided reimbursement factors set by the
Secretary in accordance with clause (ii)(III).
``(bb) Ineligible children.--In the case of meals or
supplements served under this subsection to children who are
members of households whose incomes do not meet the income
eligibility guidelines, the family or group day care home
shall be provided reimbursement factors in accordance with
subclause (I).
``(III) Information and determinations.--
``(aa) In general.--If a family or group day care home
elects to claim the factors described in subclause (II), the
family or group day care home sponsoring organization serving
the home shall collect the necessary income information, as
determined by the Secretary, from any parent or other
caretaker to make the determinations specified in subclause
(II) and shall make the determinations in accordance with
rules prescribed by the Secretary.
``(bb) Categorical eligibility.--In making a determination
under item (aa), a family or group day care home sponsoring
organization may consider a child participating in or
subsidized under, or a child with a parent participating in
or subsidized under, a federally or State supported child
care or other benefit program with an income eligibility
limit that does not exceed the eligibility standard for free
or reduced price meals under section 9 to be a child who is a
member of a household whose income meets the income
eligibility guidelines under section 9.
``(cc) Factors for children only.--A family or group day
care home may elect to receive the reimbursement factors
prescribed under clause (ii)(III) solely for the children
participating in a program referred to in item (bb) if the
home elects not to have income statements collected from
parents or other caretakers.
``(IV) Simplified meal counting and reporting procedures.--
The Secretary shall prescribe simplified meal counting and
reporting procedures for use by a family or group day care
home that elects to claim the factors under subclause (II)
and by a family or group day care home sponsoring
organization that sponsors the home. The procedures the
Secretary prescribes may include 1 or more of the following:
``(aa) Setting an annual percentage for each home of the
number of meals served that are to be reimbursed in
accordance with the reimbursement factors prescribed under
clause (ii)(III) and an annual percentage of the number of
meals served that are to be reimbursed in accordance with the
reimbursement factors prescribed under subclause (I), based
on the family income of children enrolled in the home in a
specified month or other period.
``(bb) Placing a home into 1 of 2 or more reimbursement
categories annually based on the percentage of children in
the home whose households have incomes that meet the income
eligibility guidelines under section 9, with each such
reimbursement category carrying a set of reimbursement
factors such as the factors prescribed under clause (ii)(III)
or subclause (I) or factors established within the range of
factors prescribed under clause (ii)(III) and subclause (I).
``(cc) Such other simplified procedures as the Secretary
may prescribe.
``(V) Minimum verification requirements.--The Secretary may
establish any minimum verification requirements that are
necessary to carry out this clause.''.
(2) Grants to states to provide assistance to family or
group day care homes.--Section 17(f)(3) of the National
School Lunch Act (42 U.S.C. 1766(f)(3)) is amended by adding
at the end the following:
``(D) Grants to states to provide assistance to family or
group day care homes.--
``(i) In general.--
``(I) Reservation.--From amounts made available to carry
out this section, the Secretary shall reserve $5,000,000 of
the amount made available for fiscal year 1997.
``(II) Purpose.--The Secretary shall use the funds made
available under subclause (I) to provide grants to States for
the purpose of providing--
``(aa) assistance, including grants, to family and day care
home sponsoring organizations and other appropriate
organizations, in securing and providing training, materials,
automated data processing assistance, and other assistance
for the staff of the sponsoring organizations; and
``(bb) training and other assistance to family and group
day care homes in the implementation of the amendment to
subparagraph (A) made by section 708(e)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
``(ii) Allocation.--The Secretary shall allocate from the
funds reserved under clause (i)(I)--
``(I) $30,000 in base funding to each State; and
``(II) any remaining amount among the States, based on the
number of family day care homes participating in the program
in a State during fiscal year 1995 as a percentage of the
number of all family day care homes participating in the
program during fiscal year 1995.
``(iii) Retention of funds.--Of the amount of funds made
available to a State for fiscal year 1997 under clause (i),
the State may retain not to exceed 30 percent of the amount
to carry out this subparagraph.
[[Page 1823]]
``(iv) Additional payments.--Any payments received under
this subparagraph shall be in addition to payments that a
State receives under subparagraph (A).''.
(3) Provision of data.--Section 17(f)(3) of the National
School Lunch Act (42 U.S.C. 1766(f)(3)), as amended by
paragraph (2), is amended by adding at the end the following:
``(E) Provision of data to family or group day care home
sponsoring organizations.--
``(i) Census data.--The Secretary shall provide to each
State agency administering a child and adult care food
program under this section data from the most recent
decennial census survey or other appropriate census survey
for which the data are available showing which areas in the
State meet the requirements of subparagraph (A)(ii)(I)(aa).
The State agency shall provide the data to family or group
day care home sponsoring organizations located in the State.
``(ii) School data.--
``(I) In general.--A State agency administering the school
lunch program under this Act or the school breakfast program
under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) shall provide to approved family or group day care home
sponsoring organizations a list of schools serving elementary
school children in the State in which not less than \1/2\ of
the children enrolled are certified to receive free or
reduced price meals. The State agency shall collect the data
necessary to create the list annually and provide the list on
a timely basis to any approved family or group day care home
sponsoring organization that requests the list.
``(II) Use of data from preceding school year.--In
determining for a fiscal year or other annual period whether
a home qualifies as a tier I family or group day care home
under subparagraph (A)(ii)(I), the State agency administering
the program under this section, and a family or group day
care home sponsoring organization, shall use the most current
available data at the time of the determination.
``(iii) Duration of determination.--For purposes of this
section, a determination that a family or group day care home
is located in an area that qualifies the home as a tier I
family or group day care home (as the term is defined in
subparagraph (A)(ii)(I)), shall be in effect for 3 years
(unless the determination is made on the basis of census
data, in which case the determination shall remain in effect
until more recent census data are available) unless the State
agency determines that the area in which the home is located
no longer qualifies the home as a tier I family or group day
care home.''.
(4) Conforming amendments.--Section 17(c) of the National
School Lunch Act (42 U.S.C. 1766(c)) is amended by inserting
``except as provided in subsection (f)(3),'' after ``For
purposes of this section,'' each place it appears in
paragraphs (1), (2), and (3).
(f) Reimbursement.--Section 17(f) of the National School
Lunch Act (42 U.S.C. 1766(f)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking the third and fourth
sentences; and
(B) in subparagraph (C)(ii), by striking ``conduct
outreach'' and all that follows through ``may become'' and
inserting ``assist unlicensed family or group day care homes
in becoming''; and
(2) in the first sentence of paragraph (4), by striking
``shall'' and inserting ``may''.
(g) Nutritional Requirements.--Section 17(g)(1) of the
National School Lunch Act (42 U.S.C. 1766(g)(1)) is amended--
(1) in subparagraph (A), by striking the second sentence;
and
(2) in subparagraph (B), by striking the second sentence.
(h) Elimination of State Paperwork and Outreach Burden.--
Section 17 of the National School Lunch Act (42 U.S.C. 1766)
is amended by striking subsection (k) and inserting the
following:
``(k) Training and Technical Assistance.--A State
participating in the program established under this section
shall provide sufficient training, technical assistance, and
monitoring to facilitate effective operation of the program.
The Secretary shall assist the State in developing plans to
fulfill the requirements of this subsection.''.
(i) Records.--The second sentence of section 17(m) of the
National School Lunch Act (42 U.S.C. 1766(m)) is amended by
striking ``at all times'' and inserting ``at any reasonable
time''.
(j) Unneeded Provision.--Section 17 of the National School
Lunch Act is amended by striking subsection (q).
(k) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall become effective on the
date of enactment of this Act.
(2) Improved targeting of day care home reimbursements.--
The amendments made by paragraphs (1) and (4) of subsection
(e) shall become effective on July 1, 1997.
(3) Regulations.--
(A) Interim regulations.--Not later than January 1, 1997,
the Secretary of Agriculture shall issue interim regulations
to implement--
(i) the amendments made by paragraphs (1), (3), and (4) of
subsection (e); and
(ii) section 17(f)(3)(C) of the National School Lunch Act
(42 U.S.C. 1766(f)(3)(C)).
(B) Final regulations.--Not later than July 1, 1997, the
Secretary of Agriculture shall issue final regulations to
implement the provisions of law referred to in subparagraph
(A).
(l) Study of Impact of Amendments on Program Participation
and Family Day Care Licensing.--
(1) In general.--The Secretary of Agriculture, in
conjunction with the Secretary of Health and Human Services,
shall study the impact of the amendments made by this section
on--
(A) the number of family day care homes participating in
the child and adult care food program established under
section 17 of the National School Lunch Act (42 U.S.C. 1766);
(B) the number of day care home sponsoring organizations
participating in the program;
(C) the number of day care homes that are licensed,
certified, registered, or approved by each State in
accordance with regulations issued by the Secretary;
(D) the rate of growth of the numbers referred to in
subparagraphs (A) through (C);
(E) the nutritional adequacy and quality of meals served in
family day care homes that--
(i) received reimbursement under the program prior to the
amendments made by this section but do not receive
reimbursement after the amendments made by this section; or
(ii) received full reimbursement under the program prior to
the amendments made by this section but do not receive full
reimbursement after the amendments made by this section; and
(F) the proportion of low-income children participating in
the program prior to the amendments made by this section and
the proportion of low-income children participating in the
program after the amendments made by this section.
(2) Required data.--Each State agency participating in the
child and adult care food program under section 17 of the
National School Lunch Act (42 U.S.C. 1766) shall submit to
the Secretary of Agriculture data on--
(A) the number of family day care homes participating in
the program on June 30, 1997, and June 30, 1998;
(B) the number of family day care homes licensed,
certified, registered, or approved for service on June 30,
1997, and June 30, 1998; and
(C) such other data as the Secretary may require to carry
out this subsection.
(3) Submission of report.--Not later than 2 years after the
date of enactment of this section, the Secretary of
Agriculture shall submit the study required under this
subsection to the Committee on Economic and Educational
Opportunities of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate.
SEC. 709. PILOT PROJECTS.
(a) Universal Free Pilot.--Section 18(d) of the National
School Lunch Act (42 U.S.C. 1769(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Demonstration Project Outside School Hours.--Section
18(e) of the National School Lunch Act (42 U.S.C. 1769(e)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``(A)''; and
(ii) by striking ``shall'' and inserting ``may''; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (5) and inserting the following:
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 1997 and
1998.''.
SEC. 710. REDUCTION OF PAPERWORK.
Section 19 of the National School Lunch Act (42 U.S.C.
1769a) is repealed.
SEC. 711. INFORMATION ON INCOME ELIGIBILITY.
Section 23 of the National School Lunch Act (42 U.S.C.
1769d) is repealed.
SEC. 712. NUTRITION GUIDANCE FOR CHILD NUTRITION PROGRAMS.
Section 24 of the National School Lunch Act (42 U.S.C.
1769e) is repealed.
Subtitle B--Child Nutrition Act of 1966
SEC. 721. SPECIAL MILK PROGRAM.
Section 3(a)(3) of the Child Nutrition Act of 1966 (42
U.S.C. 1772(a)(3)) is amended by striking ``the Trust
Territory of the Pacific Islands'' and inserting ``the
Commonwealth of the Northern Mariana Islands''.
SEC. 722. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 4(b)(1) of the Child Nutrition Act of 1966 (42
U.S.C. 1773(b)(1)) is amended by adding at the end the
following:
``(E) Free and reduced price policy statement.--After the
initial submission, a school food authority shall not be
required to submit a free and reduced price policy statement
to a State educational agency under this Act unless there is
a substantive change in the free and reduced price policy of
the school food authority. A routine change in the policy of
a school food authority, such as an annual adjustment of the
income eligibility guidelines for free and reduced price
meals, shall not be sufficient cause for requiring the school
food authority to submit a policy statement.''.
SEC. 723. SCHOOL BREAKFAST PROGRAM AUTHORIZATION.
(a) Training and Technical Assistance in Food
Preparation.--Section 4(e)(1)(B) of the Child Nutrition Act
of 1966 (42 U.S.C. 1773(e)(1)(B)) is amended by striking the
second sentence.
[[Page 1824]]
(b) Expansion of Program; Startup and Expansion Costs.--
(1) In general.--Section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) is amended by striking subsections (f)
and (g).
(2) Effective date.--The amendments made by paragraph (1)
shall become effective on October 1, 1996.
SEC. 724. STATE ADMINISTRATIVE EXPENSES.
(a) Use of Funds for Commodity Distribution Administration;
Studies.--Section 7 of the Child Nutrition Act of 1966 (42
U.S.C. 1776) is amended--
(1) by striking subsections (e) and (h); and
(2) by redesignating subsections (f), (g), and (i) as
subsections (e), (f), and (g), respectively.
(b) Approval of Changes.--Section 7(e) of the Child
Nutrition Act of 1966 (42 U.S.C. 1776(e)), as so
redesignated, is amended--
(1) by striking ``each year an annual plan'' and inserting
``the initial fiscal year a plan''; and
(2) by adding at the end the following: ``After submitting
the initial plan, a State shall be required to submit to the
Secretary for approval only a substantive change in the
plan.''.
SEC. 725. REGULATIONS.
Section 10(b) of the Child Nutrition Act of 1966 (42 U.S.C.
1779(b)) is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraphs (2) through (4).
SEC. 726. PROHIBITIONS.
Section 11(a) of the Child Nutrition Act of 1966 (42 U.S.C.
1780(a)) is amended by striking ``neither the Secretary nor
the State shall'' and inserting ``the Secretary shall not''.
SEC. 727. MISCELLANEOUS PROVISIONS AND DEFINITIONS.
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C.
1784) is amended--
(1) in paragraph (1), by striking ``the Trust Territory of
the Pacific Islands'' and inserting ``the Commonwealth of the
Northern Mariana Islands''; and
(2) in the first sentence of paragraph (3)--
(A) in subparagraph (A), by inserting ``and'' at the end;
and
(B) by striking ``, and (C)'' and all that follows through
``Governor of Puerto Rico''.
SEC. 728. ACCOUNTS AND RECORDS.
The second sentence of section 16(a) of the Child Nutrition
Act of 1966 (42 U.S.C. 1785(a)) is amended by striking ``at
all times be available'' and inserting ``be available at any
reasonable time''.
SEC. 729. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN.
(a) Definitions.--Section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)) is amended--
(1) in paragraph (15)(B)(iii), by inserting ``of not more
than 365 days'' after ``accommodation''; and
(2) in paragraph (16)--
(A) in subparagraph (A), by adding ``and'' at the end; and
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(b) Secretary's Promotion of WIC.--Section 17(c) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(c)) is amended by
striking paragraph (5).
(c) Eligible Participants.--Section 17(d) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by
striking paragraph (4).
(d) Nutrition Education.--Section 17(e) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(e)) is amended--
(1) in paragraph (2), by striking the third sentence;
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``shall'';
(B) by striking subparagraph (A);
(C) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(D) in subparagraph (A), as so redesignated--
(i) by inserting ``shall'' before ``provide''; and
(ii) by striking ``and'' at the end;
(E) in subparagraph (B), as so redesignated--
(i) by inserting ``shall'' before ``provide''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(F) by adding at the end the following:
``(C) may provide a local agency with materials describing
other programs for which a participant in the program may be
eligible.'';
(3) in paragraph (5), by striking ``The State agency shall
ensure that each'' and inserting ``Each''; and
(4) by striking paragraph (6).
(e) State Plan.--Section 17(f) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``annually to the Secretary, by a date
specified by the Secretary, a'' and inserting ``to the
Secretary, by a date specified by the Secretary, an
initial''; and
(ii) by adding at the end the following: ``After submitting
the initial plan, a State shall be required to submit to the
Secretary for approval only a substantive change in the
plan.'';
(B) in subparagraph (C)--
(i) by striking clause (iii) and inserting the following:
``(iii) a plan to coordinate operations under the program
with other services or programs that may benefit participants
in, and applicants for, the program;'';
(ii) in clause (vi), by inserting after ``in the State''
the following: ``(including a plan to improve access to the
program for participants and prospective applicants who are
employed, or who reside in rural areas)'';
(iii) in clause (vii), by striking ``to provide program
benefits'' and all that follows through ``emphasis on'' and
inserting ``for'';
(iv) by striking clauses (ix), (x), and (xii);
(v) in clause (xiii), by striking ``may require'' and
inserting ``may reasonably require'';
(vi) by redesignating clauses (xi) and (xiii), as so
amended, as clauses (ix) and (x), respectively; and
(vii) in clause (ix), as so redesignated, by adding ``and''
at the end;
(C) by striking subparagraph (D); and
(D) by redesignating subparagraph (E) as subparagraph (D);
(2) by striking paragraphs (6) and (22);
(3) in the second sentence of paragraph (5), by striking
``at all times be available'' and inserting ``be available at
any reasonable time'';
(4) in paragraph (9)(B), by striking the second sentence;
(5) in the first sentence of paragraph (11), by striking
``, including standards that will ensure sufficient State
agency staff'';
(6) in paragraph (12), by striking the third sentence;
(7) in paragraph (14), by striking ``shall'' and inserting
``may'';
(8) in paragraph (17), by striking ``and to accommodate''
and all that follows through ``facilities'';
(9) in paragraph (19), by striking ``shall'' and inserting
``may''; and
(10) by redesignating paragraphs (7) through (21) as
paragraphs (6) through (20), and paragraphs (23) and (24) as
paragraphs (21) and (22), respectively.
(f) Information.--Section 17(g) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(g)) is amended--
(1) in paragraph (5), by striking ``the report required
under subsection (d)(4)'' and inserting ``reports on program
participant characteristics''; and
(2) by striking paragraph (6).
(g) Procurement of Infant Formula.--
(1) In general.--Section 17(h) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(h)) is amended--
(A) in paragraph (4)(E), by striking ``and, on'' and all
that follows through ``(d)(4)''; and
(B) in paragraph (8)--
(i) by striking subparagraphs (A), (C), and (M);
(ii) in subparagraph (G)--
(I) in clause (i), by striking ``(i)''; and
(II) by striking clauses (ii) through (ix);
(iii) in subparagraph (I), by striking ``Secretary--'' and
all that follows through ``(v) may'' and inserting
``Secretary may'';
(iv) by redesignating subparagraphs (B) and (D) through (L)
as subparagraphs (A) and (B) through (J), respectively;
(v) in subparagraph (A)(i), as so redesignated, by striking
``subparagraphs (C), (D), and (E)(iii), in carrying out
subparagraph (A),'' and inserting ``subparagraphs (B) and
(C)(iii),'';
(vi) in subparagraph (B)(i), as so redesignated, by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)''; and
(vii) in subparagraph (C)(iii), as so redesignated, by
striking ``subparagraph (B)'' and inserting ``subparagraph
(A)''.
(2) Application.--The amendments made by paragraph (1)
shall not apply to a contract for the procurement of infant
formula under section 17(h)(8) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(8)) that is in effect on the date of
enactment of this subsection.
(h) National Advisory Council on Maternal, Infant, and
Fetal Nutrition.--Section 17(k)(3) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(k)(3)) is amended by striking
``Secretary shall designate'' and inserting ``Council shall
elect''.
(i) Completed Study; Community College Demonstration;
Grants for Information and Data System.--Section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by
striking subsections (n), (o), and (p).
(j) Disqualification of Vendors Who Are Disqualified Under
the Food Stamp Program.--Section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), as amended by subsection (i),
is amended by adding at the end the following:
``(n) Disqualification of Vendors Who Are Disqualified
Under the Food Stamp Program.--
``(1) In general.--The Secretary shall issue regulations
providing criteria for the disqualification under this
section of an approved vendor that is disqualified from
accepting benefits under the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
``(2) Terms.--A disqualification under paragraph (1)--
``(A) shall be for the same period as the disqualification
from the program referred to in paragraph (1);
``(B) may begin at a later date than the disqualification
from the program referred to in paragraph (1); and
``(C) shall not be subject to judicial or administrative
review.''.
SEC. 730. CASH GRANTS FOR NUTRITION EDUCATION.
Section 18 of the Child Nutrition Act of 1966 (42 U.S.C.
1787) is repealed.
[[Page 1825]]
SEC. 731. NUTRITION EDUCATION AND TRAINING.
(a) Findings.--Section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1788) is amended--
(1) in subsection (a), by striking ``that--'' and all that
follows through the period at the end and inserting ``that
effective dissemination of scientifically valid information
to children participating or eligible to participate in the
school lunch and related child nutrition programs should be
encouraged.''; and
(2) in subsection (b), by striking ``encourage'' and all
that follows through ``establishing'' and inserting
``establish''.
(b) Use of Funds.--Section 19(f) of the Child Nutrition Act
of 1966 (42 U.S.C. 1788(f)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A)--
(i) by striking ``(A)'';
(ii) by striking clauses (ix) through (xix);
(iii) by redesignating clauses (i) through (viii) and (xx)
as subparagraphs (A) through (H) and (I), respectively;
(iv) in subparagraph (I), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(J) other appropriate related activities, as determined
by the State.'';
(2) by striking paragraphs (2) and (4); and
(3) by redesignating paragraph (3) as paragraph (2).
(c) Accounts, Records, and Reports.--The second sentence of
section 19(g)(1) of the Child Nutrition Act of 1966 (42
U.S.C. 1788(g)(1)) is amended by striking ``at all times be
available'' and inserting ``be available at any reasonable
time''.
(d) State Coordinators for Nutrition; State Plan.--Section
19(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(h))
is amended--
(1) in the second sentence of paragraph (1)--
(A) by striking ``as provided in paragraph (2) of this
subsection''; and
(B) by striking ``as provided in paragraph (3) of this
subsection'';
(2) in paragraph (2), by striking the second and third
sentences; and
(3) by striking paragraph (3).
(e) Authorization of Appropriations.--Section 19(i) of the
Child Nutrition Act of 1966 (42 U.S.C. 1788(i)) is amended--
(1) in the first sentence of paragraph (2)(A), by striking
``and each succeeding fiscal year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Fiscal years 1997 through 2002.--
``(A) In general.--There are authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal
years 1997 through 2002.
``(B) Grants.--
``(i) In general.--Grants to each State from the amounts
made available under subparagraph (A) shall be based on a
rate of 50 cents for each child enrolled in schools or
institutions within the State, except that no State shall
receive an amount less than $75,000 per fiscal year.
``(ii) Insufficient funds.--If the amount made available
for any fiscal year is insufficient to pay the amount to
which each State is entitled under clause (i), the amount of
each grant shall be ratably reduced.''.
(f) Assessment.--Section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1788) is amended by striking subsection (j).
(g) Effective Date.--The amendments made by subsection (e)
shall become effective on October 1, 1996.
Subtitle C--Miscellaneous Provisions
SEC. 741. COORDINATION OF SCHOOL LUNCH, SCHOOL BREAKFAST, AND
SUMMER FOOD SERVICE PROGRAMS.
(a) Coordination.--
(1) In general.--The Secretary of Agriculture shall develop
proposed changes to the regulations under the school lunch
program under the National School Lunch Act (42 U.S.C. 1751
et seq.), the summer food service program under section 13 of
that Act (42 U.S.C. 1761), and the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), for the purpose of simplifying and coordinating those
programs into a comprehensive meal program.
(2) Consultation.--In developing proposed changes to the
regulations under paragraph (1), the Secretary of Agriculture
shall consult with local, State, and regional administrators
of the programs described in such paragraph.
(b) Report.--Not later than November 1, 1997, the Secretary
of Agriculture shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Economic and Educational Opportunities of the House of
Representatives a report containing the proposed changes
developed under subsection (a).
SEC. 742. REQUIREMENTS RELATING TO PROVISION OF BENEFITS
BASED ON CITIZENSHIP, ALIENAGE, OR IMMIGRATION
STATUS UNDER THE NATIONAL SCHOOL LUNCH ACT, THE
CHILD NUTRITION ACT OF 1966, AND CERTAIN OTHER
ACTS.
(a) School Lunch and Breakfast Programs.--Notwithstanding
any other provision of this Act, an individual who is
eligible to receive free public education benefits under
State or local law shall not be ineligible to receive
benefits provided under the school lunch program under the
National School Lunch Act (42 U.S.C. 1751 et seq.) or the
school breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) on the basis of
citizenship, alienage, or immigration status.
(b) Other Programs.--
(1) In general.--Nothing in this Act shall prohibit or
require a State to provide to an individual who is not a
citizen or a qualified alien, as defined in section 431(b),
benefits under programs established under the provisions of
law described in paragraph (2).
(2) Provisions of law described.--The provisions of law
described in this paragraph are the following:
(A) Programs (other than the school lunch program and the
school breakfast program) under the National School Lunch Act
(42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.).
(B) Section 4 of the Agriculture and Consumer Protection
Act of 1973 (7 U.S.C. 612c note).
(C) The Emergency Food Assistance Act of 1983 (7 U.S.C 612c
note).
(D) The food distribution program on Indian reservations
established under section 4(b) of the Food Stamp Act of 1977
(7 U.S.C 2013(b)).
TITLE VIII--FOOD STAMPS AND COMMODITY DISTRIBUTION
Subtitle A--Food Stamp Program
SEC. 801. DEFINITION OF CERTIFICATION PERIOD.
Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C.
2012(c)) is amended by striking ``Except as provided'' and
all that follows and inserting the following: ``The
certification period shall not exceed 12 months, except that
the certification period may be up to 24 months if all adult
household members are elderly or disabled. A State agency
shall have at least 1 contact with each certified household
every 12 months.''.
SEC. 802. DEFINITION OF COUPON.
Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C.
2012(d)) is amended by striking ``or type of certificate''
and inserting ``type of certificate, authorization card, cash
or check issued in lieu of a coupon, or access device,
including an electronic benefit transfer card or personal
identification number,''.
SEC. 803. TREATMENT OF CHILDREN LIVING AT HOME.
The second sentence of section 3(i) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(i)) is amended by striking ``(who are
not themselves parents living with their children or married
and living with their spouses)''.
SEC. 804. ADJUSTMENT OF THRIFTY FOOD PLAN.
The second sentence of section 3(o) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(o)) is amended--
(1) by striking ``shall (1) make'' and inserting the
following: ``shall--
``(1) make'';
(2) by striking ``scale, (2) make'' and inserting the
following: ``scale;
``(2) make'';
(3) by striking ``Alaska, (3) make'' and inserting the
following: ``Alaska;
``(3) make''; and
(4) by striking ``Columbia, (4) through'' and all that
follows through the end of the subsection and inserting the
following: ``Columbia; and
``(4) on October 1, 1996, and each October 1 thereafter,
adjust the cost of the diet to reflect the cost of the diet
in the preceding June, and round the result to the nearest
lower dollar increment for each household size, except that
on October 1, 1996, the Secretary may not reduce the cost of
the diet in effect on September 30, 1996.''.
SEC. 805. DEFINITION OF HOMELESS INDIVIDUAL.
Section 3(s)(2)(C) of the Food Stamp Act of 1977 (7 U.S.C.
2012(s)(2)(C)) is amended by inserting ``for not more than 90
days'' after ``temporary accommodation''.
SEC. 806. STATE OPTION FOR ELIGIBILITY STANDARDS.
Section 5(b) of the Food Stamp Act of 1977 (7 U.S.C.
2014(d)) is amended by striking ``(b) The Secretary'' and
inserting the following:
``(b) Eligibility Standards.--Except as otherwise provided
in this Act, the Secretary''.
SEC. 807. EARNINGS OF STUDENTS.
Section 5(d)(7) of the Food Stamp Act of 1977 (7 U.S.C.
2014(d)(7)) is amended by striking ``21'' and inserting
``17''.
SEC. 808. ENERGY ASSISTANCE.
(a) In General.--Section 5(d) of the Food Stamp Act of 1977
(7 U.S.C. 2014(d)) is amended by striking paragraph (11) and
inserting the following: ``(11)(A) any payments or allowances
made for the purpose of providing energy assistance under any
Federal law (other than part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)), or (B) a 1-time
payment or allowance made under a Federal or State law for
the costs of weatherization or emergency repair or
replacement of an unsafe or inoperative furnace or other
heating or cooling device,''.
(b) Conforming Amendments.--Section 5(k) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(k)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``plan for aid to
families with dependent children approved'' and inserting
``program funded''; and
(B) in subparagraph (B), by striking ``, not including
energy or utility-cost assistance,'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) a payment or allowance described in subsection
(d)(11);''; and
(3) by adding at the end the following:
``(4) Third party energy assistance payments.--
[[Page 1826]]
``(A) Energy assistance payments.--For purposes of
subsection (d)(1), a payment made under a State law (other
than a law referred to in paragraph (2)(H)) to provide energy
assistance to a household shall be considered money payable
directly to the household.
``(B) Energy assistance expenses.--For purposes of
subsection (e)(7), an expense paid on behalf of a household
under a State law to provide energy assistance shall be
considered an out-of-pocket expense incurred and paid by the
household.''.
SEC. 809. DEDUCTIONS FROM INCOME.
(a) In General.--Section 5 of the Food Stamp Act of 1977 (7
U.S.C. 2014) is amended by striking subsection (e) and
inserting the following:
``(e) Deductions From Income.--
``(1) Standard deduction.--The Secretary shall allow a
standard deduction for each household in the 48 contiguous
States and the District of Columbia, Alaska, Hawaii, Guam,
and the Virgin Islands of the United States of $134, $229,
$189, $269, and $118, respectively.
``(2) Earned income deduction.--
``(A) Definition of earned income.--In this paragraph, the
term `earned income' does not include--
``(i) income excluded by subsection (d); or
``(ii) any portion of income earned under a work
supplementation or support program, as defined under section
16(b), that is attributable to public assistance.
``(B) Deduction.--Except as provided in subparagraph (C), a
household with earned income shall be allowed a deduction of
20 percent of all earned income to compensate for taxes,
other mandatory deductions from salary, and work expenses.
``(C) Exception.--The deduction described in subparagraph
(B) shall not be allowed with respect to determining an
overissuance due to the failure of a household to report
earned income in a timely manner.
``(3) Dependent care deduction.--
``(A) In general.--A household shall be entitled, with
respect to expenses (other than excluded expenses described
in subparagraph (B)) for dependent care, to a dependent care
deduction, the maximum allowable level of which shall be $200
per month for each dependent child under 2 years of age and
$175 per month for each other dependent, for the actual cost
of payments necessary for the care of a dependent if the care
enables a household member to accept or continue employment,
or training or education that is preparatory for employment.
``(B) Excluded expenses.--The excluded expenses referred to
in subparagraph (A) are--
``(i) expenses paid on behalf of the household by a third
party;
``(ii) amounts made available and excluded, for the
expenses referred to in subparagraph (A), under subsection
(d)(3); and
``(iii) expenses that are paid under section 6(d)(4).
``(4) Deduction for child support payments.--
``(A) In general.--A household shall be entitled to a
deduction for child support payments made by a household
member to or for an individual who is not a member of the
household if the household member is legally obligated to
make the payments.
``(B) Methods for determining amount.--The Secretary may
prescribe by regulation the methods, including calculation on
a retrospective basis, that a State agency shall use to
determine the amount of the deduction for child support
payments.
``(5) Homeless shelter allowance.--Under rules prescribed
by the Secretary, a State agency may develop a standard
homeless shelter allowance, which shall not exceed $143 per
month, for such expenses as may reasonably be expected to be
incurred by households in which all members are homeless
individuals but are not receiving free shelter throughout the
month. A State agency that develops the allowance may use the
allowance in determining eligibility and allotments for the
households. The State agency may make a household with
extremely low shelter costs ineligible for the allowance.
``(6) Excess medical expense deduction.--
``(A) In general.--A household containing an elderly or
disabled member shall be entitled, with respect to expenses
other than expenses paid on behalf of the household by a
third party, to an excess medical expense deduction for the
portion of the actual costs of allowable medical expenses,
incurred by the elderly or disabled member, exclusive of
special diets, that exceeds $35 per month.
``(B) Method of claiming deduction.--
``(i) In general.--A State agency shall offer an eligible
household under subparagraph (A) a method of claiming a
deduction for recurring medical expenses that are initially
verified under the excess medical expense deduction in lieu
of submitting information on, or verification of, actual
expenses on a monthly basis.
``(ii) Method.--The method described in clause (i) shall--
``(I) be designed to minimize the burden for the eligible
elderly or disabled household member choosing to deduct the
recurrent medical expenses of the member pursuant to the
method;
``(II) rely on reasonable estimates of the expected medical
expenses of the member for the certification period
(including changes that can be reasonably anticipated based
on available information about the medical condition of the
member, public or private medical insurance coverage, and the
current verified medical expenses incurred by the member);
and
``(III) not require further reporting or verification of a
change in medical expenses if such a change has been
anticipated for the certification period.
``(7) Excess shelter expense deduction.--
``(A) In general.--A household shall be entitled, with
respect to expenses other than expenses paid on behalf of the
household by a third party, to an excess shelter expense
deduction to the extent that the monthly amount expended by a
household for shelter exceeds an amount equal to 50 percent
of monthly household income after all other applicable
deductions have been allowed.
``(B) Maximum amount of deduction.--In the case of a
household that does not contain an elderly or disabled
individual, in the 48 contiguous States and the District of
Columbia, Alaska, Hawaii, Guam, and the Virgin Islands of the
United States, the excess shelter expense deduction shall not
exceed--
``(i) for the period beginning on the date of enactment of
this subparagraph and ending on December 31, 1996, $247,
$429, $353, $300, and $182 per month, respectively;
``(ii) for the period beginning on January 1, 1997, and
ending on September 30, 1998, $250, $434, $357, $304, and
$184 per month, respectively;
``(iii) for fiscal years 1999 and 2000, $275, $478, $393,
$334, and $203 per month, respectively; and
``(iv) for fiscal year 2001 and each subsequent fiscal
year, $300, $521, $429, $364, and $221 per month,
respectively.
``(C) Standard utility allowance.--
``(i) In general.--In computing the excess shelter expense
deduction, a State agency may use a standard utility
allowance in accordance with regulations promulgated by the
Secretary, except that a State agency may use an allowance
that does not fluctuate within a year to reflect seasonal
variations.
``(ii) Restrictions on heating and cooling expenses.--An
allowance for a heating or cooling expense may not be used in
the case of a household that--
``(I) does not incur a heating or cooling expense, as the
case may be;
``(II) does incur a heating or cooling expense but is
located in a public housing unit that has central utility
meters and charges households, with regard to the expense,
only for excess utility costs; or
``(III) shares the expense with, and lives with, another
individual not participating in the food stamp program,
another household participating in the food stamp program, or
both, unless the allowance is prorated between the household
and the other individual, household, or both.
``(iii) Mandatory allowance.--
``(I) In general.--A State agency may make the use of a
standard utility allowance mandatory for all households with
qualifying utility costs if--
``(aa) the State agency has developed 1 or more standards
that include the cost of heating and cooling and 1 or more
standards that do not include the cost of heating and
cooling; and
``(bb) the Secretary finds that the standards will not
result in an increased cost to the Secretary.
``(II) Household election.--A State agency that has not
made the use of a standard utility allowance mandatory under
subclause (I) shall allow a household to switch, at the end
of a certification period, between the standard utility
allowance and a deduction based on the actual utility costs
of the household.
``(iv) Availability of allowance to recipients of energy
assistance.--
``(I) In general.--Subject to subclause (II), if a State
agency elects to use a standard utility allowance that
reflects heating or cooling costs, the standard utility
allowance shall be made available to households receiving a
payment, or on behalf of which a payment is made, under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.) or other similar energy assistance program, if the
household still incurs out-of-pocket heating or cooling
expenses in excess of any assistance paid on behalf of the
household to an energy provider.
``(II) Separate allowance.--A State agency may use a
separate standard utility allowance for households on behalf
of which a payment described in subclause (I) is made, but
may not be required to do so.
``(III) States not electing to use separate allowance.--A
State agency that does not elect to use a separate allowance
but makes a single standard utility allowance available to
households incurring heating or cooling expenses (other than
a household described in subclause (I) or (II) of clause
(ii)) may not be required to reduce the allowance due to the
provision (directly or indirectly) of assistance under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621
et seq.).
``(IV) Proration of assistance.--For the purpose of the
food stamp program, assistance provided under the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.)
shall be considered to be prorated over the entire heating or
cooling season for which the assistance was provided.''.
(b) Conforming Amendment.--Section 11(e)(3) of the Food
Stamp Act of 1977 (7 U.S.C. 2020(e)(3)) is amended by
striking ``. Under rules prescribed'' and all that follows
through ``verifies higher expenses''.
SEC. 810. VEHICLE ALLOWANCE.
Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) is amended by striking paragraph (2) and inserting
the following:
[[Page 1827]]
``(2) Included assets.--
``(A) In general.--Subject to the other provisions of this
paragraph, the Secretary shall, in prescribing inclusions in,
and exclusions from, financial resources, follow the
regulations in force as of June 1, 1982 (other than those
relating to licensed vehicles and inaccessible resources).
``(B) Additional included assets.--The Secretary shall
include in financial resources--
``(i) any boat, snowmobile, or airplane used for
recreational purposes;
``(ii) any vacation home;
``(iii) any mobile home used primarily for vacation
purposes;
``(iv) subject to subparagraph (C), any licensed vehicle
that is used for household transportation or to obtain or
continue employment to the extent that the fair market value
of the vehicle exceeds $4,600 through September 30, 1996, and
$4,650 beginning October 1, 1996; and
``(v) any savings or retirement account (including an
individual account), regardless of whether there is a penalty
for early withdrawal.
``(C) Excluded vehicles.--A vehicle (and any other
property, real or personal, to the extent the property is
directly related to the maintenance or use of the vehicle)
shall not be included in financial resources under this
paragraph if the vehicle is--
``(i) used to produce earned income;
``(ii) necessary for the transportation of a physically
disabled household member; or
``(iii) depended on by a household to carry fuel for
heating or water for home use and provides the primary source
of fuel or water, respectively, for the household.''.
SEC. 811. VENDOR PAYMENTS FOR TRANSITIONAL HOUSING COUNTED AS
INCOME.
Section 5(k)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2014(k)(2)) is amended--
(1) by striking subparagraph (F); and
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (F) and (G), respectively.
SEC. 812. SIMPLIFIED CALCULATION OF INCOME FOR THE SELF-
EMPLOYED.
Section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014), as
amended by title I, is amended by adding at the end the
following:
``(m) Simplified Calculation of Income for the Self-
Employed.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish a
procedure by which a State may submit a method, designed to
not increase Federal costs, for the approval of the
Secretary, that the Secretary determines will produce a
reasonable estimate of income excluded under subsection
(d)(9) in lieu of calculating the actual cost of producing
self-employment income.
``(2) Inclusive of all types of income or limited types of
income.--The method submitted by a State under paragraph (1)
may allow a State to estimate income for all types of self-
employment income or may be limited to 1 or more types of
self-employment income.
``(3) Differences for different types of income.--The
method submitted by a State under paragraph (1) may differ
for different types of self-employment income.''.
SEC. 813. DOUBLED PENALTIES FOR VIOLATING FOOD STAMP PROGRAM
REQUIREMENTS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2015(b)(1)) is amended--
(1) in clause (i), by striking ``six months'' and inserting
``1 year''; and
(2) in clause (ii), by striking ``1 year'' and inserting
``2 years''.
SEC. 814. DISQUALIFICATION OF CONVICTED INDIVIDUALS.
Section 6(b)(1)(iii) of the Food Stamp Act of 1977 (7
U.S.C. 2015(b)(1)(iii)) is amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after subclause (III) the following:
``(IV) a conviction of an offense under subsection (b) or
(c) of section 15 involving an item covered by subsection (b)
or (c) of section 15 having a value of $500 or more.''.
SEC. 815. DISQUALIFICATION.
(a) In General.--Section 6(d) of the Food Stamp Act of 1977
(7 U.S.C. 2015(d)) is amended by striking ``(d)(1) Unless
otherwise exempted by the provisions'' and all that follows
through the end of paragraph (1) and inserting the following:
``(d) Conditions of Participation.--
``(1) Work requirements.--
``(A) In general.--No physically and mentally fit
individual over the age of 15 and under the age of 60 shall
be eligible to participate in the food stamp program if the
individual--
``(i) refuses, at the time of application and every 12
months thereafter, to register for employment in a manner
prescribed by the Secretary;
``(ii) refuses without good cause to participate in an
employment and training program established under paragraph
(4), to the extent required by the State agency;
``(iii) refuses without good cause to accept an offer of
employment, at a site or plant not subject to a strike or
lockout at the time of the refusal, at a wage not less than
the higher of--
``(I) the applicable Federal or State minimum wage; or
``(II) 80 percent of the wage that would have governed had
the minimum hourly rate under section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) been
applicable to the offer of employment;
``(iv) refuses without good cause to provide a State agency
with sufficient information to allow the State agency to
determine the employment status or the job availability of
the individual;
``(v) voluntarily and without good cause--
``(I) quits a job; or
``(II) reduces work effort and, after the reduction, the
individual is working less than 30 hours per week; or
``(vi) fails to comply with section 20.
``(B) Household ineligibility.--If an individual who is the
head of a household becomes ineligible to participate in the
food stamp program under subparagraph (A), the household
shall, at the option of the State agency, become ineligible
to participate in the food stamp program for a period,
determined by the State agency, that does not exceed the
lesser of--
``(i) the duration of the ineligibility of the individual
determined under subparagraph (C); or
``(ii) 180 days.
``(C) Duration of ineligibility.--
``(i) First violation.--The first time that an individual
becomes ineligible to participate in the food stamp program
under subparagraph (A), the individual shall remain
ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 1 month after the date the
individual became ineligible; or
``(III) a date determined by the State agency that is not
later than 3 months after the date the individual became
ineligible.
``(ii) Second violation.--The second time that an
individual becomes ineligible to participate in the food
stamp program under subparagraph (A), the individual shall
remain ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 3 months after the date the
individual became ineligible; or
``(III) a date determined by the State agency that is not
later than 6 months after the date the individual became
ineligible.
``(iii) Third or subsequent violation.--The third or
subsequent time that an individual becomes ineligible to
participate in the food stamp program under subparagraph (A),
the individual shall remain ineligible until the later of--
``(I) the date the individual becomes eligible under
subparagraph (A);
``(II) the date that is 6 months after the date the
individual became ineligible;
``(III) a date determined by the State agency; or
``(IV) at the option of the State agency, permanently.
``(D) Administration.--
``(i) Good cause.--The Secretary shall determine the
meaning of good cause for the purpose of this paragraph.
``(ii) Voluntary quit.--The Secretary shall determine the
meaning of voluntarily quitting and reducing work effort for
the purpose of this paragraph.
``(iii) Determination by state agency.--
``(I) In general.--Subject to subclause (II) and clauses
(i) and (ii), a State agency shall determine--
``(aa) the meaning of any term used in subparagraph (A);
``(bb) the procedures for determining whether an individual
is in compliance with a requirement under subparagraph (A);
and
``(cc) whether an individual is in compliance with a
requirement under subparagraph (A).
``(II) Not less restrictive.--A State agency may not use a
meaning, procedure, or determination under subclause (I) that
is less restrictive on individuals receiving benefits under
this Act than a comparable meaning, procedure, or
determination under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.).
``(iv) Strike against the government.--For the purpose of
subparagraph (A)(v), an employee of the Federal Government, a
State, or a political subdivision of a State, who is
dismissed for participating in a strike against the Federal
Government, the State, or the political subdivision of the
State shall be considered to have voluntarily quit without
good cause.
``(v) Selecting a head of household.--
``(I) In general.--For purposes of this paragraph, the
State agency shall allow the household to select any adult
parent of a child in the household as the head of the
household if all adult household members making application
under the food stamp program agree to the selection.
``(II) Time for making designation.--A household may
designate the head of the household under subclause (I) each
time the household is certified for participation in the food
stamp program, but may not change the designation during a
certification period unless there is a change in the
composition of the household.
``(vi) Change in head of household.--If the head of a
household leaves the household during a period in which the
household is ineligible to participate in the food stamp
program under subparagraph (B)--
``(I) the household shall, if otherwise eligible, become
eligible to participate in the food stamp program; and
``(II) if the head of the household becomes the head of
another household, the household that becomes headed by the
individual shall become ineligible to participate in the food
[[Page 1828]]
stamp program for the remaining period of ineligibility.''.
(b) Conforming Amendment.--
(1) The second sentence of section 17(b)(2) of the Food
Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by
striking ``6(d)(1)(i)'' and inserting ``6(d)(1)(A)(i)''.
(2) Section 20 of the Food Stamp Act of 1977 (7 U.S.C.
2029) is amended by striking subsection (f) and inserting the
following:
``(f) Disqualification.--An individual or a household may
become ineligible under section 6(d)(1) to participate in the
food stamp program for failing to comply with this
section.''.
SEC. 816. CARETAKER EXEMPTION.
Section 6(d)(2) of the Food Stamp Act of 1977 (7 U.S.C.
2015(d)(2)) is amended by adding at the end the following:
``A State that requested a waiver to lower the age specified
in subparagraph (B) and had the waiver denied by the
Secretary as of August 1, 1996, may, for a period of not more
than 3 years, lower the age of a dependent child that
qualifies a parent or other member of a household for an
exemption under subparagraph (B) to between 1 and 6 years of
age.''.
SEC. 817. EMPLOYMENT AND TRAINING.
(a) In General.--Section 6(d)(4) of the Food Stamp Act of
1977 (7 U.S.C. 2015(d)(4)) is amended--
(1) by striking ``(4)(A) Not later than April 1, 1987,
each'' and inserting the following:
``(4) Employment and training.--
``(A) In general.--
``(i) Implementation.--Each'';
(2) in subparagraph (A)--
(A) by inserting ``work,'' after ``skills, training,''; and
(B) by adding at the end the following:
``(ii) Statewide workforce development system.--Each
component of an employment and training program carried out
under this paragraph shall be delivered through a statewide
workforce development system, unless the component is not
available locally through such a system.'';
(3) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking the
colon at the end and inserting the following: ``, except that
the State agency shall retain the option to apply employment
requirements prescribed under this subparagraph to a program
applicant at the time of application:'';
(B) in clause (i), by striking ``with terms and
conditions'' and all that follows through ``time of
application''; and
(C) in clause (iv)--
(i) by striking subclauses (I) and (II); and
(ii) by redesignating subclauses (III) and (IV) as
subclauses (I) and (II), respectively;
(4) in subparagraph (D)--
(A) in clause (i), by striking ``to which the application''
and all that follows through ``30 days or less'';
(B) in clause (ii), by striking ``but with respect'' and
all that follows through ``child care''; and
(C) in clause (iii), by striking ``, on the basis of'' and
all that follows through ``clause (ii)'' and inserting ``the
exemption continues to be valid'';
(5) in subparagraph (E), by striking the third sentence;
(6) in subparagraph (G)--
(A) by striking ``(G)(i) The State'' and inserting ``(G)
The State''; and
(B) by striking clause (ii);
(7) in subparagraph (H), by striking ``(H)(i) The
Secretary'' and all that follows through ``(ii) Federal
funds'' and inserting ``(H) Federal funds'';
(8) in subparagraph (I)(i)(II), by striking ``, or was in
operation,'' and all that follows through ``Social Security
Act'' and inserting the following: ``), except that no such
payment or reimbursement shall exceed the applicable local
market rate'';
(9)(A) by striking subparagraphs (K) and (L) and inserting
the following:
``(K) Limitation on funding.--Notwithstanding any other
provision of this paragraph, the amount of funds a State
agency uses to carry out this paragraph (including funds used
to carry out subparagraph (I)) for participants who are
receiving benefits under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) shall not exceed the amount of funds the State agency
used in fiscal year 1995 to carry out this paragraph for
participants who were receiving benefits in fiscal year 1995
under a State program funded under part A of title IV of the
Act (42 U.S.C. 601 et seq.).''; and
(B) by redesignating subparagraphs (M) and (N) as
subparagraphs (L) and (M), respectively; and
(10) in subparagraph (L), as so redesignated--
(A) by striking ``(L)(i) The Secretary'' and inserting
``(L) The Secretary''; and
(B) by striking clause (ii).
(b) Funding.--Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended by striking ``(h)(1)(A) The
Secretary'' and all that follows through the end of paragraph
(1) and inserting the following:
``(h) Funding of Employment and Training Programs.--
``(1) In general.--
``(A) Amounts.--To carry out employment and training
programs, the Secretary shall reserve for allocation to State
agencies from funds made available for each fiscal year under
section 18(a)(1) the amount of--
``(i) for fiscal year 1996, $75,000,000;
``(ii) for fiscal year 1997, $79,000,000;
``(iii) for fiscal year 1998, $81,000,000;
``(iv) for fiscal year 1999, $84,000,000;
``(v) for fiscal year 2000, $86,000,000;
``(vi) for fiscal year 2001, $88,000,000; and
``(vii) for fiscal year 2002, $90,000,000.
``(B) Allocation.--The Secretary shall allocate the amounts
reserved under subparagraph (A) among the State agencies
using a reasonable formula (as determined by the Secretary)
that gives consideration to the population in each State
affected by section 6(o).
``(C) Reallocation.--
``(i) Notification.--A State agency shall promptly notify
the Secretary if the State agency determines that the State
agency will not expend all of the funds allocated to the
State agency under subparagraph (B).
``(ii) Reallocation.--On notification under clause (i), the
Secretary shall reallocate the funds that the State agency
will not expend as the Secretary considers appropriate and
equitable.
``(D) Minimum allocation.--Notwithstanding subparagraphs
(A) through (C), the Secretary shall ensure that each State
agency operating an employment and training program shall
receive not less than $50,000 for each fiscal year.''.
(c) Additional Matching Funds.--Section 16(h)(2) of the
Food Stamp Act of 1977 (7 U.S.C. 2025(h)(2)) is amended by
inserting before the period at the end the following: ``,
including the costs for case management and casework to
facilitate the transition from economic dependency to self-
sufficiency through work''.
(d) Reports.--Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended--
(1) in paragraph (5)--
(A) by striking ``(5)(A) The Secretary'' and inserting
``(5) The Secretary''; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (6).
SEC. 818. FOOD STAMP ELIGIBILITY.
The third sentence of section 6(f) of the Food Stamp Act of
1977 (7 U.S.C. 2015(f)) is amended by inserting ``, at State
option,'' after ``less''.
SEC. 819. COMPARABLE TREATMENT FOR DISQUALIFICATION.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015) is amended by adding at the end the following:
``(i) Comparable Treatment for Disqualification.--
``(1) In general.--If a disqualification is imposed on a
member of a household for a failure of the member to perform
an action required under a Federal, State, or local law
relating to a means-tested public assistance program, the
State agency may impose the same disqualification on the
member of the household under the food stamp program.
``(2) Rules and procedures.--If a disqualification is
imposed under paragraph (1) for a failure of an individual to
perform an action required under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of
title IV of the Act to impose the same disqualification under
the food stamp program.
``(3) Application after disqualification period.--A member
of a household disqualified under paragraph (1) may, after
the disqualification period has expired, apply for benefits
under this Act and shall be treated as a new applicant,
except that a prior disqualification under subsection (d)
shall be considered in determining eligibility.''.
(b) State Plan Provisions.--Section 11(e) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(e)) is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(26) the guidelines the State agency uses in carrying out
section 6(i); and''.
(c) Conforming Amendment.--Section 6(d)(2)(A) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(2)(A)) is amended by
striking ``that is comparable to a requirement of paragraph
(1)''.
SEC. 820. DISQUALIFICATION FOR RECEIPT OF MULTIPLE FOOD STAMP
BENEFITS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by section 819, is amended by adding at the end the
following:
``(j) Disqualification for Receipt of Multiple Food Stamp
Benefits.--An individual shall be ineligible to participate
in the food stamp program as a member of any household for a
10-year period if the individual is found by a State agency
to have made, or is convicted in a Federal or State court of
having made, a fraudulent statement or representation with
respect to the identity or place of residence of the
individual in order to receive multiple benefits
simultaneously under the food stamp program.''.
SEC. 821. DISQUALIFICATION OF FLEEING FELONS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by section 820, is amended by adding at the end the
following:
``(k) Disqualification of Fleeing Felons.--No member of a
household who is otherwise eligible to participate in the
food stamp program shall be eligible to participate in the
program as a member of that or any other household during any
period during which the individual is--
``(1) fleeing to avoid prosecution, or custody or
confinement after conviction, under the law of the place from
which the individual is fleeing, for a crime, or attempt to
commit a crime, that is a felony under the law of the place
from which the individual is fleeing or that, in the case of
New Jersey, is a high misdemeanor under the law of New
Jersey; or
[[Page 1829]]
``(2) violating a condition of probation or parole imposed
under a Federal or State law.''.
SEC. 822. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by section 821, is amended by adding at the end the
following:
``(l) Custodial Parent's Cooperation With Child Support
Agencies.--
``(1) In general.--At the option of a State agency, subject
to paragraphs (2) and (3), no natural or adoptive parent or
other individual (collectively referred to in this subsection
as `the individual') who is living with and exercising
parental control over a child under the age of 18 who has an
absent parent shall be eligible to participate in the food
stamp program unless the individual cooperates with the State
agency administering the program established under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)--
``(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
``(B) in obtaining support for--
``(i) the child; or
``(ii) the individual and the child.
``(2) Good cause for noncooperation.--Paragraph (1) shall
not apply to the individual if good cause is found for
refusing to cooperate, as determined by the State agency in
accordance with standards prescribed by the Secretary in
consultation with the Secretary of Health and Human Services.
The standards shall take into consideration circumstances
under which cooperation may be against the best interests of
the child.
``(3) Fees.--Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
``(m) Noncustodial Parent's Cooperation With Child Support
Agencies.--
``(1) In general.--At the option of a State agency, subject
to paragraphs (2) and (3), a putative or identified
noncustodial parent of a child under the age of 18 (referred
to in this subsection as `the individual') shall not be
eligible to participate in the food stamp program if the
individual refuses to cooperate with the State agency
administering the program established under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.)--
``(A) in establishing the paternity of the child (if the
child is born out of wedlock); and
``(B) in providing support for the child.
``(2) Refusal to cooperate.--
``(A) Guidelines.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall develop
guidelines on what constitutes a refusal to cooperate under
paragraph (1).
``(B) Procedures.--The State agency shall develop
procedures, using guidelines developed under subparagraph
(A), for determining whether an individual is refusing to
cooperate under paragraph (1).
``(3) Fees.--Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
``(4) Privacy.--The State agency shall provide safeguards
to restrict the use of information collected by a State
agency administering the program established under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.)
to purposes for which the information is collected.''.
SEC. 823. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as
amended by section 822, is amended by adding at the end the
following:
``(n) Disqualification for Child Support Arrears.--
``(1) In general.--At the option of a State agency, no
individual shall be eligible to participate in the food stamp
program as a member of any household during any month that
the individual is delinquent in any payment due under a court
order for the support of a child of the individual.
``(2) Exceptions.--Paragraph (1) shall not apply if--
``(A) a court is allowing the individual to delay payment;
or
``(B) the individual is complying with a payment plan
approved by a court or the State agency designated under part
D of title IV of the Social Security Act (42 U.S.C. 651 et
seq.) to provide support for the child of the individual.''.
SEC. 824. WORK REQUIREMENT.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015), as amended by section 823, is amended by adding
at the end the following:
``(o) Work Requirement.--
``(1) Definition of work program.--In this subsection, the
term `work program' means--
``(A) a program under the Job Training Partnership Act (29
U.S.C. 1501 et seq.);
``(B) a program under section 236 of the Trade Act of 1974
(19 U.S.C. 2296); and
``(C) a program of employment and training operated or
supervised by a State or political subdivision of a State
that meets standards approved by the Governor of the State,
including a program under subsection (d)(4), other than a job
search program or a job search training program.
``(2) Work requirement.--Subject to the other provisions of
this subsection, no individual shall be eligible to
participate in the food stamp program as a member of any
household if, during the preceding 36-month period, the
individual received food stamp benefits for not less than 3
months (consecutive or otherwise) during which the individual
did not--
``(A) work 20 hours or more per week, averaged monthly;
``(B) participate in and comply with the requirements of a
work program for 20 hours or more per week, as determined by
the State agency;
``(C) participate in and comply with the requirements of a
program under section 20 or a comparable program established
by a State or political subdivision of a State; or
``(D) receive benefits pursuant to paragraph (3), (4), or
(5).
``(3) Exception.--Paragraph (2) shall not apply to an
individual if the individual is--
``(A) under 18 or over 50 years of age;
``(B) medically certified as physically or mentally unfit
for employment;
``(C) a parent or other member of a household with
responsibility for a dependent child;
``(D) otherwise exempt under subsection (d)(2); or
``(E) a pregnant woman.
``(4) Waiver.--
``(A) In general.--On the request of a State agency, the
Secretary may waive the applicability of paragraph (2) to any
group of individuals in the State if the Secretary makes a
determination that the area in which the individuals reside--
``(i) has an unemployment rate of over 10 percent; or
``(ii) does not have a sufficient number of jobs to provide
employment for the individuals.
``(B) Report.--The Secretary shall report the basis for a
waiver under subparagraph (A) to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
``(5) Subsequent eligibility.--
``(A) Regaining eligibility.--An individual denied
eligibility under paragraph (2) shall regain eligibility to
participate in the food stamp program if, during a 30-day
period, the individual--
``(i) works 80 or more hours;
``(ii) participates in and complies with the requirements
of a work program for 80 or more hours, as determined by a
State agency; or
``(iii) participates in and complies with the requirements
of a program under section 20 or a comparable program
established by a State or political subdivision of a State.
``(B) Maintaining eligibility.--An individual who regains
eligibility under subparagraph (A) shall remain eligible as
long as the individual meets the requirements of subparagraph
(A), (B), or (C) of paragraph (2).
``(C) Loss of employment.--
``(i) In general.--An individual who regained eligibility
under subparagraph (A) and who no longer meets the
requirements of subparagraph (A), (B), or (C) of paragraph
(2) shall remain eligible for a consecutive 3-month period,
beginning on the date the individual first notifies the State
agency that the individual no longer meets the requirements
of subparagraph (A), (B), or (C) of paragraph (2).
``(ii) Limitation.--An individual shall not receive any
benefits pursuant to clause (i) for more than a single 3-
month period in any 36-month period.
``(6) Other program rules.--Nothing in this subsection
shall make an individual eligible for benefits under this Act
if the individual is not otherwise eligible for benefits
under the other provisions of this Act.''.
(b) Transition Provision.--The term ``preceding 36-month
period'' in section 6(o) of the Food Stamp Act of 1977, as
added by subsection (a), does not include, with respect to a
State, any period before the earlier of--
(1) the date the State notifies recipients of food stamp
benefits of the application of section 6(o); or
(2) the date that is 3 months after the date of enactment
of this Act.
SEC. 825. ENCOURAGEMENT OF ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
(a) In General.--Section 7(i) of the Food Stamp Act of 1977
(7 U.S.C. 2016(i)) is amended--
(1) by striking ``(i)(1)(A) Any State'' and all that
follows through the end of paragraph (1) and inserting the
following:
``(i) Electronic Benefit Transfers.--
``(1) In general.--
``(A) Implementation.--Not later than October 1, 2002, each
State agency shall implement an electronic benefit transfer
system under which household benefits determined under
section 8(a) or 26 are issued from and stored in a central
databank, unless the Secretary provides a waiver for a State
agency that faces unusual barriers to implementing an
electronic benefit transfer system.
``(B) Timely implementation.--Each State agency is
encouraged to implement an electronic benefit transfer system
under subparagraph (A) as soon as practicable.
``(C) State flexibility.--Subject to paragraph (2), a State
agency may procure and implement an electronic benefit
transfer system under the terms, conditions, and design that
the State agency considers appropriate.
``(D) Operation.--An electronic benefit transfer system
should take into account generally accepted standard
operating rules based on--
``(i) commercial electronic funds transfer technology;
``(ii) the need to permit interstate operation and law
enforcement monitoring; and
``(iii) the need to permit monitoring and investigations by
authorized law enforcement agencies.'';
[[Page 1830]]
(2) in paragraph (2)--
(A) by striking ``effective no later than April 1, 1992,'';
(B) in subparagraph (A)--
(i) by striking ``, in any 1 year,''; and
(ii) by striking ``on-line'';
(C) by striking subparagraph (D) and inserting the
following:
``(D)(i) measures to maximize the security of a system
using the most recent technology available that the State
agency considers appropriate and cost effective and which may
include personal identification numbers, photographic
identification on electronic benefit transfer cards, and
other measures to protect against fraud and abuse; and
``(ii) effective not later than 2 years after the date of
enactment of this clause, to the extent practicable, measures
that permit a system to differentiate items of food that may
be acquired with an allotment from items of food that may not
be acquired with an allotment;'';
(D) in subparagraph (G), by striking ``and'' at the end;
(E) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(I) procurement standards.''; and
(3) by adding at the end the following:
``(7) Replacement of benefits.--Regulations issued by the
Secretary regarding the replacement of benefits and liability
for replacement of benefits under an electronic benefit
transfer system shall be similar to the regulations in effect
for a paper-based food stamp issuance system.
``(8) Replacement card fee.--A State agency may collect a
charge for replacement of an electronic benefit transfer card
by reducing the monthly allotment of the household receiving
the replacement card.
``(9) Optional photographic identification.--
``(A) In general.--A State agency may require that an
electronic benefit card contain a photograph of 1 or more
members of a household.
``(B) Other authorized users.--If a State agency requires a
photograph on an electronic benefit card under subparagraph
(A), the State agency shall establish procedures to ensure
that any other appropriate member of the household or any
authorized representative of the household may utilize the
card.
``(10) Applicable law.--Disclosures, protections,
responsibilities, and remedies established by the Federal
Reserve Board under section 904 of the Electronic Fund
Transfer Act (15 U.S.C. 1693b) shall not apply to benefits
under this Act delivered through any electronic benefit
transfer system.
``(11) Application of anti-tying restrictions to electronic
benefit transfer systems.--
``(A) Definitions.--In this paragraph:
``(i) Affiliate.--The term `affiliate' has the meaning
provided the term in section 2(k) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1841(k)).
``(ii) Company.--The term `company' has the meaning
provided the term in section 106(a) of the Bank Holding
Company Act Amendments of 1970 (12 U.S.C. 1971), but shall
not include a bank, a bank holding company, or any subsidiary
of a bank holding company.
``(iii) Electronic benefit transfer service.--The term
`electronic benefit transfer service' means the processing of
electronic transfers of household benefits, determined under
section 8(a) or 26, if the benefits are--
``(I) issued from and stored in a central databank;
``(II) electronically accessed by household members at the
point of sale; and
``(III) provided by a Federal or State government.
``(iv) Point-of-sale service.--The term `point-of-sale
service' means any product or service related to the
electronic authorization and processing of payments for
merchandise at a retail food store, including credit or debit
card services, automated teller machines, point-of-sale
terminals, or access to on-line systems.
``(B) Restrictions.--A company may not sell or provide
electronic benefit transfer services, or fix or vary the
consideration for electronic benefit transfer services, on
the condition or requirement that the customer--
``(i) obtain some additional point-of-sale service from the
company or an affiliate of the company; or
``(ii) not obtain some additional point-of-sale service
from a competitor of the company or competitor of any
affiliate of the company.
``(C) Consultation with the federal reserve board.--Before
promulgating regulations or interpretations of regulations to
carry out this paragraph, the Secretary shall consult with
the Board of Governors of the Federal Reserve System.''.
(b) Sense of Congress.--It is the sense of Congress that a
State that operates an electronic benefit transfer system
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)
should operate the system in a manner that is compatible with
electronic benefit transfer systems operated by other States.
SEC. 826. VALUE OF MINIMUM ALLOTMENT.
The proviso in section 8(a) of the Food Stamp Act of 1977
(7 U.S.C. 2017(a)) is amended by striking ``, and shall be
adjusted'' and all that follows through ``$5''.
SEC. 827. BENEFITS ON RECERTIFICATION.
Section 8(c)(2)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)(2)(B)) is amended by striking ``of more than one
month''.
SEC. 828. OPTIONAL COMBINED ALLOTMENT FOR EXPEDITED
HOUSEHOLDS.
Section 8(c) of the Food Stamp Act of 1977 (7 U.S.C.
2017(c)) is amended by striking paragraph (3) and inserting
the following:
``(3) Optional combined allotment for expedited
households.--A State agency may provide to an eligible
household applying after the 15th day of a month, in lieu of
the initial allotment of the household and the regular
allotment of the household for the following month, an
allotment that is equal to the total amount of the initial
allotment and the first regular allotment. The allotment
shall be provided in accordance with section 11(e)(3) in the
case of a household that is not entitled to expedited service
and in accordance with paragraphs (3) and (9) of section
11(e) in the case of a household that is entitled to
expedited service.''.
SEC. 829. FAILURE TO COMPLY WITH OTHER MEANS-TESTED PUBLIC
ASSISTANCE PROGRAMS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is
amended by striking subsection (d) and inserting the
following:
``(d) Reduction of Public Assistance Benefits.--
``(1) In general.--If the benefits of a household are
reduced under a Federal, State, or local law relating to a
means-tested public assistance program for the failure of a
member of the household to perform an action required under
the law or program, for the duration of the reduction--
``(A) the household may not receive an increased allotment
as the result of a decrease in the income of the household to
the extent that the decrease is the result of the reduction;
and
``(B) the State agency may reduce the allotment of the
household by not more than 25 percent.
``(2) Rules and procedures.--If the allotment of a
household is reduced under this subsection for a failure to
perform an action required under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), the State agency
may use the rules and procedures that apply under part A of
title IV of the Act to reduce the allotment under the food
stamp program.''.
SEC. 830. ALLOTMENTS FOR HOUSEHOLDS RESIDING IN CENTERS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is
amended by adding at the end the following:
``(f) Allotments for Households Residing in Centers.--
``(1) In general.--In the case of an individual who resides
in a center for the purpose of a drug or alcoholic treatment
program described in the last sentence of section 3(i), a
State agency may provide an allotment for the individual to--
``(A) the center as an authorized representative of the
individual for a period that is less than 1 month; and
``(B) the individual, if the individual leaves the center.
``(2) Direct payment.--A State agency may require an
individual referred to in paragraph (1) to designate the
center in which the individual resides as the authorized
representative of the individual for the purpose of receiving
an allotment.''.
SEC. 831. CONDITION PRECEDENT FOR APPROVAL OF RETAIL FOOD
STORES AND WHOLESALE FOOD CONCERNS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(1)) is amended by adding at the end the following:
``No retail food store or wholesale food concern of a type
determined by the Secretary, based on factors that include
size, location, and type of items sold, shall be approved to
be authorized or reauthorized for participation in the food
stamp program unless an authorized employee of the Department
of Agriculture, a designee of the Secretary, or, if
practicable, an official of the State or local government
designated by the Secretary has visited the store or concern
for the purpose of determining whether the store or concern
should be approved or reauthorized, as appropriate.''.
SEC. 832. AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS.
Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)) is amended by adding at the end the following:
``(3) Authorization periods.--The Secretary shall establish
specific time periods during which authorization to accept
and redeem coupons, or to redeem benefits through an
electronic benefit transfer system, shall be valid under the
food stamp program.''.
SEC. 833. INFORMATION FOR VERIFYING ELIGIBILITY FOR
AUTHORIZATION.
Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C.
2018(c)) is amended--
(1) in the first sentence, by inserting ``, which may
include relevant income and sales tax filing documents,''
after ``submit information''; and
(2) by inserting after the first sentence the following:
``The regulations may require retail food stores and
wholesale food concerns to provide written authorization for
the Secretary to verify all relevant tax filings with
appropriate agencies and to obtain corroborating
documentation from other sources so that the accuracy of
information provided by the stores and concerns may be
verified.''.
SEC. 834. WAITING PERIOD FOR STORES THAT FAIL TO MEET
AUTHORIZATION CRITERIA.
Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C.
2018(d)) is amended by adding at the end the following: ``A
retail food store or wholesale food concern that is denied ap
[[Page 1831]]
proval to accept and redeem coupons because the store or
concern does not meet criteria for approval established by
the Secretary may not, for at least 6 months, submit a new
application to participate in the program. The Secretary may
establish a longer time period under the preceding sentence,
including permanent disqualification, that reflects the
severity of the basis of the denial.''.
SEC. 835. OPERATION OF FOOD STAMP OFFICES.
Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020),
as amended by sections 809(b) and 819(b), is amended--
(1) in subsection (e)--
(A) by striking paragraph (2) and inserting the following:
``(2)(A) that the State agency shall establish procedures
governing the operation of food stamp offices that the State
agency determines best serve households in the State,
including households with special needs, such as households
with elderly or disabled members, households in rural areas
with low-income members, homeless individuals, households
residing on reservations, and households in areas in which a
substantial number of members of low-income households speak
a language other than English.
``(B) In carrying out subparagraph (A), a State agency--
``(i) shall provide timely, accurate, and fair service to
applicants for, and participants in, the food stamp program;
``(ii) shall develop an application containing the
information necessary to comply with this Act;
``(iii) shall permit an applicant household to apply to
participate in the program on the same day that the household
first contacts a food stamp office in person during office
hours;
``(iv) shall consider an application that contains the
name, address, and signature of the applicant to be filed on
the date the applicant submits the application;
``(v) shall require that an adult representative of each
applicant household certify in writing, under penalty of
perjury, that--
``(I) the information contained in the application is true;
and
``(II) all members of the household are citizens or are
aliens eligible to receive food stamps under section 6(f);
``(vi) shall provide a method of certifying and issuing
coupons to eligible homeless individuals, to ensure that
participation in the food stamp program is limited to
eligible households; and
``(vii) may establish operating procedures that vary for
local food stamp offices to reflect regional and local
differences within the State.
``(C) Nothing in this Act shall prohibit the use of
signatures provided and maintained electronically, storage of
records using automated retrieval systems only, or any other
feature of a State agency's application system that does not
rely exclusively on the collection and retention of paper
applications or other records.
``(D) The signature of any adult under this paragraph shall
be considered sufficient to comply with any provision of
Federal law requiring a household member to sign an
application or statement;'';
(B) in paragraph (3)--
(i) by striking ``shall--'' and all that follows through
``provide each'' and inserting ``shall provide each''; and
(ii) by striking ``(B) assist'' and all that follows
through ``representative of the State agency;'';
(C) by striking paragraphs (14) and (25);
(D)(i) by redesignating paragraphs (15) through (24) as
paragraphs (14) through (23), respectively; and
(ii) by redesignating paragraph (26), as paragraph (24);
and
(2) in subsection (i)--
(A) by striking ``(i) Notwithstanding'' and all that
follows through ``(2)'' and inserting the following:
``(i) Application and Denial Procedures.--
``(1) Application procedures.--Notwithstanding any other
provision of law,''; and
(B) by striking ``; (3) households'' and all that follows
through ``title IV of the Social Security Act. No'' and
inserting a period and the following:
``(2) Denial and termination.--Except in a case of
disqualification as a penalty for failure to comply with a
public assistance program rule or regulation, no''.
SEC. 836. STATE EMPLOYEE AND TRAINING STANDARDS.
Section 11(e)(6) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(6)) is amended--
(1) by striking ``that (A) the'' and inserting ``that--
``(A) the'';
(2) by striking ``Act; (B) the'' and inserting ``Act; and
``(B) the'';
(3) in subparagraph (B), by striking ``United States Civil
Service Commission'' and inserting ``Office of Personnel
Management''; and
(4) by striking subparagraphs (C) through (E).
SEC. 837. EXCHANGE OF LAW ENFORCEMENT INFORMATION.
Section 11(e)(8) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(8)) is amended--
(1) by striking ``that (A) such'' and inserting the
following: ``that--
``(A) the'';
(2) by striking ``law, (B) notwithstanding'' and inserting
the following: ``law;
``(B) notwithstanding'';
(3) by striking ``Act, and (C) such'' and inserting the
following: ``Act;
``(C) the''; and
(4) by adding at the end the following:
``(D) notwithstanding any other provision of law, the
address, social security number, and, if available,
photograph of any member of a household shall be made
available, on request, to any Federal, State, or local law
enforcement officer if the officer furnishes the State agency
with the name of the member and notifies the agency that--
``(i) the member--
``(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime (or attempt to
commit a crime) that, under the law of the place the member
is fleeing, is a felony (or, in the case of New Jersey, a
high misdemeanor), or is violating a condition of probation
or parole imposed under Federal or State law; or
``(II) has information that is necessary for the officer to
conduct an official duty related to subclause (I);
``(ii) locating or apprehending the member is an official
duty; and
``(iii) the request is being made in the proper exercise of
an official duty; and
``(E) the safeguards shall not prevent compliance with
paragraph (16);''.
SEC. 838. EXPEDITED COUPON SERVICE.
Section 11(e)(9) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(9)) is amended--
(1) in subparagraph (A), by striking ``five days'' and
inserting ``7 days'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C);
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking ``five days'' and inserting ``7 days''; and
(5) in subparagraph (C), as redesignated by paragraph (3),
by striking ``, (B), or (C)'' and inserting ``or (B)''.
SEC. 839. WITHDRAWING FAIR HEARING REQUESTS.
Section 11(e)(10) of the Food Stamp Act of 1977 (7 U.S.C.
2020(e)(10)) is amended by inserting before the semicolon at
the end a period and the following: ``At the option of a
State, at any time prior to a fair hearing determination
under this paragraph, a household may withdraw, orally or in
writing, a request by the household for the fair hearing. If
the withdrawal request is an oral request, the State agency
shall provide a written notice to the household confirming
the withdrawal request and providing the household with an
opportunity to request a hearing''.
SEC. 840. INCOME, ELIGIBILITY, AND IMMIGRATION STATUS
VERIFICATION SYSTEMS.
Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is
amended--
(1) in subsection (e)(18), as redesignated by section
835(1)(D)--
(A) by striking ``that information is'' and inserting ``at
the option of the State agency, that information may be'';
and
(B) by striking ``shall be requested'' and inserting ``may
be requested''; and
(2) by adding at the end the following:
``(p) State Verification Option.--Notwithstanding any other
provision of law, in carrying out the food stamp program, a
State agency shall not be required to use an income and
eligibility or an immigration status verification system
established under section 1137 of the Social Security Act (42
U.S.C. 1320b-7).''.
SEC. 841. INVESTIGATIONS.
Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C.
2021(a)) is amended by adding at the end the following:
``Regulations issued pursuant to this Act shall provide
criteria for the finding of a violation and the suspension or
disqualification of a retail food store or wholesale food
concern on the basis of evidence that may include facts
established through on-site investigations, inconsistent
redemption data, or evidence obtained through a transaction
report under an electronic benefit transfer system.''.
SEC. 842. DISQUALIFICATION OF RETAILERS WHO INTENTIONALLY
SUBMIT FALSIFIED APPLICATIONS.
Section 12(b) of the Food Stamp Act of 1977 (7 U.S.C.
2021(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) for a reasonable period of time to be determined by
the Secretary, including permanent disqualification, on the
knowing submission of an application for the approval or
reauthorization to accept and redeem coupons that contains
false information about a substantive matter that was a part
of the application.''.
SEC. 843. DISQUALIFICATION OF RETAILERS WHO ARE DISQUALIFIED
UNDER THE WIC PROGRAM.
Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021) is
amended by adding at the end the following:
``(g) Disqualification of Retailers Who Are Disqualified
Under the WIC Program.--
``(1) In general.--The Secretary shall issue regulations
providing criteria for the disqualification under this Act of
an approved retail food store or a wholesale food concern
that is disqualified from accepting benefits under the
special supplemental nutrition program for women, infants,
and children established under section 17 of the Child
Nutrition Act of 1966 (7 U.S.C. 1786).
``(2) Terms.--A disqualification under paragraph (1)--
[[Page 1832]]
``(A) shall be for the same length of time as the
disqualification from the program referred to in paragraph
(1);
``(B) may begin at a later date than the disqualification
from the program referred to in paragraph (1); and
``(C) notwithstanding section 14, shall not be subject to
judicial or administrative review.''.
SEC. 844. COLLECTION OF OVERISSUANCES.
(a) Collection of Overissuances.--Section 13 of the Food
Stamp Act of 1977 (7 U.S.C. 2022) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Collection of Overissuances.--
``(1) In general.--Except as otherwise provided in this
subsection, a State agency shall collect any overissuance of
coupons issued to a household by--
``(A) reducing the allotment of the household;
``(B) withholding amounts from unemployment compensation
from a member of the household under subsection (c);
``(C) recovering from Federal pay or a Federal income tax
refund under subsection (d); or
``(D) any other means.
``(2) Cost effectiveness.--Paragraph (1) shall not apply if
the State agency demonstrates to the satisfaction of the
Secretary that all of the means referred to in paragraph (1)
are not cost effective.
``(3) Maximum reduction absent fraud.--If a household
received an overissuance of coupons without any member of the
household being found ineligible to participate in the
program under section 6(b)(1) and a State agency elects to
reduce the allotment of the household under paragraph (1)(A),
the State agency shall not reduce the monthly allotment of
the household under paragraph (1)(A) by an amount in excess
of the greater of--
``(A) 10 percent of the monthly allotment of the household;
or
``(B) $10.
``(4) Procedures.--A State agency shall collect an
overissuance of coupons issued to a household under paragraph
(1) in accordance with the requirements established by the
State agency for providing notice, electing a means of
payment, and establishing a time schedule for payment.''; and
(2) in subsection (d)--
(A) by striking ``as determined under subsection (b) and
except for claims arising from an error of the State
agency,'' and inserting ``, as determined under subsection
(b)(1),''; and
(B) by inserting before the period at the end the
following: ``or a Federal income tax refund as authorized by
section 3720A of title 31, United States Code''.
(b) Conforming Amendments.--Section 11(e)(8)(C) of the Food
Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(C)) is amended--
(1) by striking ``and excluding claims'' and all that
follows through ``such section''; and
(2) by inserting before the semicolon at the end the
following: ``or a Federal income tax refund as authorized by
section 3720A of title 31, United States Code''.
(c) Retention Rate.--The proviso of the first sentence of
section 16(a) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)) is amended by striking ``25 percent during the
period beginning October 1, 1990'' and all that follows
through ``section 13(b)(2) which arise'' and inserting ``35
percent of the value of all funds or allotments recovered or
collected pursuant to sections 6(b) and 13(c) and 20 percent
of the value of any other funds or allotments recovered or
collected, except the value of funds or allotments recovered
or collected that arise''.
SEC. 845. AUTHORITY TO SUSPEND STORES VIOLATING PROGRAM
REQUIREMENTS PENDING ADMINISTRATIVE AND
JUDICIAL REVIEW.
Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C.
2023(a)) is amended--
(1) by redesignating the first through seventeenth
sentences as paragraphs (1) through (17), respectively; and
(2) by adding at the end the following:
``(18) Suspension of stores pending review.--
Notwithstanding any other provision of this subsection, any
permanent disqualification of a retail food store or
wholesale food concern under paragraph (3) or (4) of section
12(b) shall be effective from the date of receipt of the
notice of disqualification. If the disqualification is
reversed through administrative or judicial review, the
Secretary shall not be liable for the value of any sales lost
during the disqualification period.''.
SEC. 846. EXPANDED CRIMINAL FORFEITURE FOR VIOLATIONS.
(a) Forfeiture of Items Exchanged in Food Stamp
Trafficking.--The first sentence of section 15(g) of the Food
Stamp Act of 1977 (7 U.S.C. 2024(g)) is amended by striking
``or intended to be furnished''.
(b) Criminal Forfeiture.--Section 15 of the Food Stamp Act
of 1977 (7 U.S.C. 2024) is amended by adding at the end the
following:
``(h) Criminal Forfeiture.--
``(1) In general.--In imposing a sentence on a person
convicted of an offense in violation of subsection (b) or
(c), a court shall order, in addition to any other sentence
imposed under this section, that the person forfeit to the
United States all property described in paragraph (2).
``(2) Property subject to forfeiture.--All property, real
and personal, used in a transaction or attempted transaction,
to commit, or to facilitate the commission of, a violation
(other than a misdemeanor) of subsection (b) or (c), or
proceeds traceable to a violation of subsection (b) or (c),
shall be subject to forfeiture to the United States under
paragraph (1).
``(3) Interest of owner.--No interest in property shall be
forfeited under this subsection as the result of any act or
omission established by the owner of the interest to have
been committed or omitted without the knowledge or consent of
the owner.
``(4) Proceeds.--The proceeds from any sale of forfeited
property and any monies forfeited under this subsection shall
be used--
``(A) first, to reimburse the Department of Justice for the
costs incurred by the Department to initiate and complete the
forfeiture proceeding;
``(B) second, to reimburse the Department of Agriculture
Office of Inspector General for any costs the Office incurred
in the law enforcement effort resulting in the forfeiture;
``(C) third, to reimburse any Federal or State law
enforcement agency for any costs incurred in the law
enforcement effort resulting in the forfeiture; and
``(D) fourth, by the Secretary to carry out the approval,
reauthorization, and compliance investigations of retail
stores and wholesale food concerns under section 9.''.
SEC. 847. LIMITATION ON FEDERAL MATCH.
Section 16(a)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2025(a)(4)) is amended by inserting after the comma at the
end the following: ``but not including recruitment
activities,''.
SEC. 848. STANDARDS FOR ADMINISTRATION.
(a) In General.--Section 16 of the Food Stamp Act of 1977
(7 U.S.C. 2025) is amended by striking subsection (b).
(b) Conforming Amendments.--
(1) The first sentence of section 11(g) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(g)) is amended by striking ``the
Secretary's standards for the efficient and effective
administration of the program established under section
16(b)(1) or''.
(2) Section 16(c)(1)(B) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)(1)(B)) is amended by striking ``pursuant to
subsection (b)''.
SEC. 849. WORK SUPPLEMENTATION OR SUPPORT PROGRAM.
Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025),
as amended by section 848(a), is amended by inserting after
subsection (a) the following:
``(b) Work Supplementation or Support Program.--
``(1) Definition of work supplementation or support
program.--In this subsection, the term `work supplementation
or support program' means a program under which, as
determined by the Secretary, public assistance (including any
benefits provided under a program established by the State
and the food stamp program) is provided to an employer to be
used for hiring and employing a public assistance recipient
who was not employed by the employer at the time the public
assistance recipient entered the program.
``(2) Program.--A State agency may elect to use an amount
equal to the allotment that would otherwise be issued to a
household under the food stamp program, but for the operation
of this subsection, for the purpose of subsidizing or
supporting a job under a work supplementation or support
program established by the State.
``(3) Procedure.--If a State agency makes an election under
paragraph (2) and identifies each household that participates
in the food stamp program that contains an individual who is
participating in the work supplementation or support
program--
``(A) the Secretary shall pay to the State agency an amount
equal to the value of the allotment that the household would
be eligible to receive but for the operation of this
subsection;
``(B) the State agency shall expend the amount received
under subparagraph (A) in accordance with the work
supplementation or support program in lieu of providing the
allotment that the household would receive but for the
operation of this subsection;
``(C) for purposes of--
``(i) sections 5 and 8(a), the amount received under this
subsection shall be excluded from household income and
resources; and
``(ii) section 8(b), the amount received under this
subsection shall be considered to be the value of an
allotment provided to the household; and
``(D) the household shall not receive an allotment from the
State agency for the period during which the member continues
to participate in the work supplementation or support
program.
``(4) Other work requirements.--No individual shall be
excused, by reason of the fact that a State has a work
supplementation or support program, from any work requirement
under section 6(d), except during the periods in which the
individual is employed under the work supplementation or
support program.
``(5) Length of participation.--A State agency shall
provide a description of how the public assistance recipients
in the program shall, within a specific period of time, be
moved from supplemented or supported employment to employment
that is not supplemented or supported.
``(6) Displacement.--A work supplemen-
tation or support program shall not displace the employment
of individuals who are not supplemented or supported.''.
SEC. 850. WAIVER AUTHORITY.
Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
[[Page 1833]]
(2) in subparagraph (A)--
(A) in the first sentence, by striking ``benefits to
eligible households, including'' and inserting the following:
``benefits to eligible households, and may waive any
requirement of this Act to the extent necessary for the
project to be conducted.
``(B) Project requirements.--
``(i) Program goal.--The Secretary may not conduct a
project under subparagraph (A) unless--
``(I) the project is consistent with the goal of the food
stamp program of providing food assistance to raise levels of
nutrition among low-income individuals; and
``(II) the project includes an evaluation to determine the
effects of the project.
``(ii) Permissible projects.--The Secretary may conduct a
project under subparagraph (A) to--
``(I) improve program administration;
``(II) increase the self-sufficiency of food stamp
recipients;
``(III) test innovative welfare reform strategies; or
``(IV) allow greater conformity with the rules of other
programs than would be allowed but for this paragraph.
``(iii) Restrictions on permissible projects.--If the
Secretary finds that a project under subparagraph (A) would
reduce benefits by more than 20 percent for more than 5
percent of households in the area subject to the project (not
including any household whose benefits are reduced due to a
failure to comply with work or other conduct requirements),
the project--
``(I) may not include more than 15 percent of the State's
food stamp households; and
``(II) shall continue for not more than 5 years after the
date of implementation, unless the Secretary approves an
extension requested by the State agency at any time.
``(iv) Impermissible projects.--The Secretary may not
conduct a project under subparagraph (A) that--
``(I) involves the payment of the value of an allotment in
the form of cash, unless the project was approved prior to
the date of enactment of this subparagraph;
``(II) has the effect of substantially transferring funds
made available under this Act to services or benefits
provided primarily through another public assistance program,
or using the funds for any purpose other than the purchase of
food, program administration, or an employment or training
program;
``(III) is inconsistent with--
``(aa) the last 2 sentences of section 3(i);
``(bb) the last sentence of section 5(a), insofar as a
waiver denies assistance to an otherwise eligible household
or individual if the household or individual has not failed
to comply with any work, behavioral, or other conduct
requirement under this or another program;
``(cc) section 5(c)(2);
``(dd) paragraph (2)(B), (4)(F)(i), or (4)(K) of section
6(d);
``(ee) section 8(b);
``(ff) section 11(e)(2)(B);
``(gg) the time standard under section 11(e)(3);
``(hh) subsection (a), (c), (g), (h)(2), or (h)(3) of
section 16;
``(ii) this paragraph; or
``(jj) subsection (a)(1) or (g)(1) of section 20;
``(IV) modifies the operation of section 5 so as to have
the effect of--
``(aa) increasing the shelter deduction to households with
no out-of-pocket housing costs or housing costs that consume
a low percentage of the household's income; or
``(bb) absolving a State from acting with reasonable
promptness on substantial reported changes in income or
household size (except that this subclause shall not apply
with regard to changes related to food stamp deductions);
``(V) is not limited to a specific time period; or
``(VI) waives a provision of section 26.
``(v) Additional included projects.--A pilot or
experimental project may include'';
(B) by striking ``to aid to families with dependent
children under part A of title IV of the Social Security
Act'' and inserting ``are receiving assistance under a State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)''; and
(C) by striking ``coupons. The Secretary'' and all that
follows through ``Any pilot'' and inserting the following:
``coupons.
``(vi) Cash payment pilot projects.--Any pilot''.
SEC. 851. RESPONSE TO WAIVERS.
Section 17(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2026(b)(1)), as amended by section 850, is amended by adding
at the end the following:
``(D) Response to waivers.--
``(i) Response.--Not later than 60 days after the date of
receiving a request for a waiver under subparagraph (A), the
Secretary shall provide a response that--
``(I) approves the waiver request;
``(II) denies the waiver request and describes any
modification needed for approval of the waiver request;
``(III) denies the waiver request and describes the grounds
for the denial; or
``(IV) requests clarification of the waiver request.
``(ii) Failure to respond.--If the Secretary does not
provide a response in accordance with clause (i), the waiver
shall be considered approved, unless the approval is
specifically prohibited by this Act.
``(iii) Notice of denial.--On denial of a waiver request
under clause (i)(III), the Secretary shall provide a copy of
the waiver request and a description of the reasons for the
denial to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.''.
SEC. 852. EMPLOYMENT INITIATIVES PROGRAM.
Section 17 of the Food Stamp Act of 1977 (7 U.S.C. 2026) is
amended by striking subsection (d) and inserting the
following:
``(d) Employment Initiatives Program.--
``(1) Election to participate.--
``(A) In general.--Subject to the other provisions of this
subsection, a State may elect to carry out an employment
initiatives program under this subsection.
``(B) Requirement.--A State shall be eligible to carry out
an employment initiatives program under this subsection only
if not less than 50 percent of the households in the State
that received food stamp benefits during the summer of 1993
also received benefits under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.) during the summer of 1993.
``(2) Procedure.--
``(A) In general.--A State that has elected to carry out an
employment initiatives program under paragraph (1) may use
amounts equal to the food stamp allotments that would
otherwise be issued to a household under the food stamp
program, but for the operation of this subsection, to provide
cash benefits in lieu of the food stamp allotments to the
household if the household is eligible under paragraph (3).
``(B) Payment.--The Secretary shall pay to each State that
has elected to carry out an employment initiatives program
under paragraph (1) an amount equal to the value of the
allotment that each household participating in the program in
the State would be eligible to receive under this Act but for
the operation of this subsection.
``(C) Other provisions.--For purposes of the food stamp
program (other than this subsection)--
``(i) cash assistance under this subsection shall be
considered to be an allotment; and
``(ii) each household receiving cash benefits under this
subsection shall not receive any other food stamp benefit
during the period for which the cash assistance is provided.
``(D) Additional payments.--Each State that has elected to
carry out an employment initiatives program under paragraph
(1) shall--
``(i) increase the cash benefits provided to each household
participating in the program in the State under this
subsection to compensate for any State or local sales tax
that may be collected on purchases of food by the household,
unless the Secretary determines on the basis of information
provided by the State that the increase is unnecessary on the
basis of the limited nature of the items subject to the State
or local sales tax; and
``(ii) pay the cost of any increase in cash benefits
required by clause (i).
``(3) Eligibility.--A household shall be eligible to
receive cash benefits under paragraph (2) if an adult member
of the household--
``(A) has worked in unsubsidized employment for not less
than the preceding 90 days;
``(B) has earned not less than $350 per month from the
employment referred to in subparagraph (A) for not less than
the preceding 90 days;
``(C)(i) is receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.); or
``(ii) was receiving benefits under a State program funded
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) at the time the member first received
cash benefits under this subsection and is no longer eligible
for the State program because of earned income;
``(D) is continuing to earn not less than $350 per month
from the employment referred to in subparagraph (A); and
``(E) elects to receive cash benefits in lieu of food stamp
benefits under this subsection.
``(4) Evaluation.--A State that operates a program under
this subsection for 2 years shall provide to the Secretary a
written evaluation of the impact of cash assistance under
this subsection. The State agency, with the concurrence of
the Secretary, shall determine the content of the
evaluation.''.
SEC. 853. REAUTHORIZATION.
The first sentence of section 18(a)(1) of the Food Stamp
Act of 1977 (7 U.S.C. 2027(a)(1)) is amended by striking
``1991 through 1997'' and inserting ``1996 through 2002''.
SEC. 854. SIMPLIFIED FOOD STAMP PROGRAM.
(a) In General.--The Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.) is amended by adding at the end the following:
``SEC. 26. SIMPLIFIED FOOD STAMP PROGRAM.
``(a) Definition of Federal Costs.--In this section, the
term `Federal costs' does not include any Federal costs
incurred under section 17.
``(b) Election.--Subject to subsection (d), a State may
elect to carry out a Simplified Food Stamp Program (referred
to in this section as a `Program'), statewide or in a
political subdivision of the State, in accordance with this
section.
``(c) Operation of Program.--If a State elects to carry out
a Program, within the State or a political subdivision of the
State--
``(1) a household in which no members receive assistance
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) may not
participate in the Program;
``(2) a household in which all members receive assistance
under a State program funded under part A of title IV of the
Social Se
[[Page 1834]]
curity Act (42 U.S.C. 601 et seq.) shall automatically be
eligible to participate in the Program;
``(3) if approved by the Secretary, a household in which 1
or more members but not all members receive assistance under
a State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) may be eligible to
participate in the Program; and
``(4) subject to subsection (f), benefits under the Program
shall be determined under rules and procedures established by
the State under--
``(A) a State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.);
``(B) the food stamp program; or
``(C) a combination of a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) and the food stamp program.
``(d) Approval of Program.--
``(1) State plan.--A State agency may not operate a Program
unless the Secretary approves a State plan for the operation
of the Program under paragraph (2).
``(2) Approval of plan.--The Secretary shall approve any
State plan to carry out a Program if the Secretary determines
that the plan--
``(A) complies with this section; and
``(B) contains sufficient documentation that the plan will
not increase Federal costs for any fiscal year.
``(e) Increased Federal Costs.--
``(1) Determination.--
``(A) In general.--The Secretary shall determine whether a
Program being carried out by a State agency is increasing
Federal costs under this Act.
``(B) No excluded households.--In making a determination
under subparagraph (A), the Secretary shall not require the
State agency to collect or report any information on
households not included in the Program.
``(C) Alternative accounting periods.--The Secretary may
approve the request of a State agency to apply alternative
accounting periods to determine if Federal costs do not
exceed the Federal costs had the State agency not elected to
carry out the Program.
``(2) Notification.--If the Secretary determines that the
Program has increased Federal costs under this Act for any
fiscal year or any portion of any fiscal year, the Secretary
shall notify the State not later than 30 days after the
Secretary makes the determination under paragraph (1).
``(3) Enforcement.--
``(A) Corrective action.--Not later than 90 days after the
date of a notification under paragraph (2), the State shall
submit a plan for approval by the Secretary for prompt
corrective action that is designed to prevent the Program
from increasing Federal costs under this Act.
``(B) Termination.--If the State does not submit a plan
under subparagraph (A) or carry out a plan approved by the
Secretary, the Secretary shall terminate the approval of the
State agency operating the Program and the State agency shall
be ineligible to operate a future Program.
``(f) Rules and Procedures.--
``(1) In general.--In operating a Program, a State or
political subdivision of a State may follow the rules and
procedures established by the State or political subdivision
under a State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under the food
stamp program.
``(2) Standardized deductions.--In operating a Program, a
State or political subdivision of a State may standardize the
deductions provided under section 5(e). In developing the
standardized deduction, the State shall consider the work
expenses, dependent care costs, and shelter costs of
participating households.
``(3) Requirements.--In operating a Program, a State or
political subdivision shall comply with the requirements of--
``(A) subsections (a) through (g) of section 7;
``(B) section 8(a) (except that the income of a household
may be determined under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.));
``(C) subsection (b) and (d) of section 8;
``(D) subsections (a), (c), (d), and (n) of section 11;
``(E) paragraphs (8), (12), (16), (18), (20), (24), and
(25) of section 11(e);
``(F) section 11(e)(10) (or a comparable requirement
established by the State under a State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.)); and
``(G) section 16.
``(4) Limitation on eligibility.--Notwithstanding any other
provision of this section, a household may not receive
benefits under this section as a result of the eligibility of
the household under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.),
unless the Secretary determines that any household with
income above 130 percent of the poverty guidelines is not
eligible for the program.''.
(b) State Plan Provisions.--Section 11(e) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(e)), as amended by sections 819(b)
and 835, is amended by adding at the end the following:
``(25) if a State elects to carry out a Simplified Food
Stamp Program under section 26, the plans of the State agency
for operating the program, including--
``(A) the rules and procedures to be followed by the State
agency to determine food stamp benefits;
``(B) how the State agency will address the needs of
households that experience high shelter costs in relation to
the incomes of the households; and
``(C) a description of the method by which the State agency
will carry out a quality control system under section
16(c).''.
(c) Conforming Amendments.--
(1) Section 8 of the Food Stamp Act of 1977 (7 U.S.C.
2017), as amended by section 830, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(2) Section 17 of the Food Stamp Act of 1977 (7 U.S.C.
2026) is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) through (l) as
subsections (i) through (k), respectively.
SEC. 855. STUDY OF THE USE OF FOOD STAMPS TO PURCHASE
VITAMINS AND MINERALS.
(a) In General.--The Secretary of Agriculture, in
consultation with the National Academy of Sciences and the
Center for Disease Control and Prevention, shall conduct a
study on the use of food stamps provided under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.) to purchase vitamins and
minerals.
(b) Analysis.--The study shall include--
(1) an analysis of scientific findings on the efficacy of
and need for vitamins and minerals, including--
(A) the adequacy of vitamin and mineral intakes in low-
income populations, as shown by research and surveys
conducted prior to the study; and
(B) the potential value of nutritional supplements in
filling nutrient gaps that may exist in the United States
population as a whole or in vulnerable subgroups in the
population;
(2) the impact of nutritional improvements (including
vitamin or mineral supplementation) on the health status and
health care costs of women of childbearing age, pregnant or
lactating women, and the elderly;
(3) the cost of commercially available vitamin and mineral
supplements;
(4) the purchasing habits of low-income populations with
regard to vitamins and minerals;
(5) the impact of using food stamps to purchase vitamins
and minerals on the food purchases of low-income households;
and
(6) the economic impact on the production of agricultural
commodities of using food stamps to purchase vitamins and
minerals.
(c) Report.--Not later than December 15, 1998, the
Secretary shall report the results of the study to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
SEC. 856. DEFICIT REDUCTION.
It is the sense of the Committee on Agriculture of the
House of Representatives that reductions in outlays resulting
from this title shall not be taken into account for purposes
of section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902).
Subtitle B--Commodity Distribution Programs
SEC. 871. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) Definitions.--Section 201A of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
is amended to read as follows:
``SEC. 201A. DEFINITIONS.
``In this Act:
``(1) Additional commodities.--The term `additional
commodities' means commodities made available under section
214 in addition to the commodities made available under
sections 202 and 203D.
``(2) Average monthly number of unemployed persons.--The
term `average monthly number of unemployed persons' means the
average monthly number of unemployed persons in each State
during the most recent fiscal year for which information
concerning the number of unemployed persons is available, as
determined by the Bureau of Labor Statistics of the
Department of Labor.
``(3) Eligible recipient agency.--The term `eligible
recipient agency' means a public or nonprofit organization
that--
``(A) administers--
``(i) an emergency feeding organization;
``(ii) a charitable institution (including a hospital and a
retirement home, but excluding a penal institution) to the
extent that the institution serves needy persons;
``(iii) a summer camp for children, or a child nutrition
program providing food service;
``(iv) a nutrition project operating under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a
project that operates a congregate nutrition site and a
project that provides home-delivered meals; or
``(v) a disaster relief program;
``(B) has been designated by the appropriate State agency,
or by the Secretary; and
``(C) has been approved by the Secretary for participation
in the program established under this Act.
``(4) Emergency feeding organization.--The term `emergency
feeding organization' means a public or nonprofit
organization that administers activities and projects
(including the activities and projects of a charitable
institution, a food bank, a food pantry, a hunger relief
center, a soup kitchen, or a similar public or private
nonprofit eligible recipient agency) providing nutrition
assistance to relieve situations of emergency and
[[Page 1835]]
distress through the provision of food to needy persons,
including low-income and unemployed persons.
``(5) Food bank.--The term `food bank' means a public or
charitable institution that maintains an established
operation involving the provision of food or edible
commodities, or the products of food or edible commodities,
to food pantries, soup kitchens, hunger relief centers, or
other food or feeding centers that, as an integral part of
their normal activities, provide meals or food to feed needy
persons on a regular basis.
``(6) Food pantry.--The term `food pantry' means a public
or private nonprofit organization that distributes food to
low-income and unemployed households, including food from
sources other than the Department of Agriculture, to relieve
situations of emergency and distress.
``(7) Poverty line.--The term `poverty line' has the
meaning provided in section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)).
``(8) Soup kitchen.--The term `soup kitchen' means a public
or charitable institution that, as an integral part of the
normal activities of the institution, maintains an
established feeding operation to provide food to needy
homeless persons on a regular basis.
``(9) Total value of additional commodities.--The term
`total value of additional commodities' means the actual cost
of all additional commodities that are paid by the Secretary
(including the distribution and processing costs incurred by
the Secretary).
``(10) Value of additional commodities allocated to each
state.--The term `value of additional commodities allocated
to each State' means the actual cost of additional
commodities allocated to each State that are paid by the
Secretary (including the distribution and processing costs
incurred by the Secretary).''.
(b) State Plan.--Section 202A of the Emergency Food
Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note)
is amended to read as follows:
``SEC. 202A. STATE PLAN.
``(a) In General.--To receive commodities under this Act, a
State shall submit a plan of operation and administration
every 4 years to the Secretary for approval. The plan may be
amended at any time, with the approval of the Secretary.
``(b) Requirements.--Each plan shall--
``(1) designate the State agency responsible for
distributing the commodities received under this Act;
``(2) set forth a plan of operation and administration to
expeditiously distribute commodities under this Act;
``(3) set forth the standards of eligibility for recipient
agencies; and
``(4) set forth the standards of eligibility for individual
or household recipients of commodities, which shall require--
``(A) individuals or households to be comprised of needy
persons; and
``(B) individual or household members to be residing in the
geographic location served by the distributing agency at the
time of applying for assistance.
``(c) State Advisory Board.--The Secretary shall encourage
each State receiving commodities under this Act to establish
a State advisory board consisting of representatives of all
entities in the State, both public and private, interested in
the distribution of commodities received under this Act.''.
(c) Authorization of Appropriations for Administrative
Funds.--Section 204(a)(1) of the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note) is
amended--
(1) in the first sentence, by striking ``for State and
local'' and all that follows through ``under this title'' and
inserting ``to pay for the direct and indirect administrative
costs of the States related to the processing, transporting,
and distributing to eligible recipient agencies of
commodities provided by the Secretary under this Act and
commodities secured from other sources''; and
(2) by striking the fourth sentence.
(d) Delivery of Commodities.--Section 214 of the Emergency
Food Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c
note) is amended--
(1) by striking subsections (a) through (e) and (j);
(2) by redesignating subsections (f) through (i) as
subsections (a) through (d), respectively;
(3) in subsection (b), as redesignated by paragraph (2)--
(A) in the first sentence, by striking ``subsection (f) or
subsection (j) if applicable,'' and inserting ``subsection
(a),''; and
(B) in the second sentence, by striking ``subsection (f)''
and inserting ``subsection (a)'';
(4) by striking subsection (c), as redesignated by
paragraph (2), and inserting the following:
``(c) Administration.--
``(1) In general.--Commodities made available for each
fiscal year under this section shall be delivered at
reasonable intervals to States based on the grants calculated
under subsection (a), or reallocated under subsection (b),
before December 31 of the following fiscal year.
``(2) Entitlement.--Each State shall be entitled to receive
the value of additional commodities determined under
subsection (a).''; and
(5) in subsection (d), as redesignated by paragraph (2), by
striking ``or reduce'' and all that follows through ``each
fiscal year''.
(e) Technical Amendments.--The Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note) is
amended--
(1) in the first sentence of section 203B(a), by striking
``203 and 203A of this Act'' and inserting ``203A'';
(2) in section 204(a), by striking ``title'' each place it
appears and inserting ``Act'';
(3) in the first sentence of section 210(e), by striking
``(except as otherwise provided for in section 214(j))''; and
(4) by striking section 212.
(f) Report on EFAP.--Section 1571 of the Food Security Act
of 1985 (Public Law 99-198; 7 U.S.C. 612c note) is repealed.
(g) Availability of Commodities Under the Food Stamp
Program.--The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),
as amended by section 854(a), is amended by adding at the end
the following:
``SEC. 27. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD
ASSISTANCE PROGRAM.
``(a) Purchase of Commodities.--From amounts made available
to carry out this Act, for each of fiscal years 1997 through
2002, the Secretary shall purchase $100,000,000 of a variety
of nutritious and useful commodities of the types that the
Secretary has the authority to acquire through the Commodity
Credit Corporation or under section 32 of the Act entitled
`An Act to amend the Agricultural Adjustment Act, and for
other purposes', approved August 24, 1935 (7 U.S.C. 612c),
and distribute the commodities to States for distribution in
accordance with section 214 of the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note).
``(b) Basis for Commodity Purchases.--In purchasing
commodities under subsection (a), the Secretary shall, to the
extent practicable and appropriate, make purchases based on--
``(1) agricultural market conditions;
``(2) preferences and needs of States and distributing
agencies; and
``(3) preferences of recipients.''.
(h) Effective Date.--The amendments made by subsection (d)
shall become effective on October 1, 1996.
SEC. 872. FOOD BANK DEMONSTRATION PROJECT.
Section 3 of the Charitable Assistance and Food Bank Act of
1987 (Public Law 100-232; 7 U.S.C. 612c note) is repealed.
SEC. 873. HUNGER PREVENTION PROGRAMS.
The Hunger Prevention Act of 1988 (Public Law 100-435; 7
U.S.C. 612c note) is amended--
(1) by striking section 110;
(2) by striking subtitle C of title II; and
(3) by striking section 502.
SEC. 874. REPORT ON ENTITLEMENT COMMODITY PROCESSING.
Section 1773 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 612c note) is
amended by striking subsection (f).
Subtitle C--Electronic Benefit Transfer Systems
SEC. 891. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
Section 904 of the Electronic Fund Transfer Act (15 U.S.C.
1693b) is amended--
(1) by striking ``(d) In the event that'' and inserting
``(d) Applicability to Service Providers Other Than Certain
Financial Institutions.--
``(1) In general.--If''; and
(2) by adding at the end the following:
``(2) State and local government electronic benefit
transfer systems.--
``(A) Definition of electronic benefit transfer system.--In
this paragraph, the term `electronic benefit transfer
system'--
``(i) means a system under which a government agency
distributes needs-tested benefits by establishing accounts
that may be accessed by recipients electronically, such as
through automated teller machines or point-of-sale terminals;
and
``(ii) does not include employment-related payments,
including salaries and pension, retirement, or unemployment
benefits established by a Federal, State, or local government
agency.
``(B) Exemption generally.--The disclosures, protections,
responsibilities, and remedies established under this title,
and any regulation prescribed or order issued by the Board in
accordance with this title, shall not apply to any electronic
benefit transfer system established under State or local law
or administered by a State or local government.
``(C) Exception for direct deposit into recipient's
account.--Subparagraph (B) shall not apply with respect to
any electronic funds transfer under an electronic benefit
transfer system for a deposit directly into a consumer
account held by the recipient of the benefit.
``(D) Rule of construction.--No provision of this
paragraph--
``(i) affects or alters the protections otherwise
applicable with respect to benefits established by any other
provision Federal, State, or local law; or
``(ii) otherwise supersedes the application of any State or
local law.''.
TITLE IX--MISCELLANEOUS
SEC. 901. APPROPRIATION BY STATE LEGISLATURES.
(a) In General.--Any funds received by a State under the
provisions of law specified in subsection (b) shall be
subject to appropriation by the State legislature, consistent
with the terms and conditions required under such provisions
of law.
(b) Provisions of Law.--The provisions of law specified in
this subsection are the following:
(1) Part A of title IV of the Social Security Act (relating
to block grants for temporary assistance for needy families).
[[Page 1836]]
(2) The Child Care and Development Block Grant Act of 1990
(relating to block grants for child care).
SEC. 902. SANCTIONING FOR TESTING POSITIVE FOR CONTROLLED
SUBSTANCES.
Notwithstanding any other provision of law, States shall
not be prohibited by the Federal Government from testing
welfare recipients for use of controlled substances nor from
sanctioning welfare recipients who test positive for use of
controlled substances.
SEC. 903. ELIMINATION OF HOUSING ASSISTANCE WITH RESPECT TO
FUGITIVE FELONS AND PROBATION AND PAROLE
VIOLATORS.
(a) Eligibility for Assistance.--The United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
(1) in section 6(l)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by inserting immediately after paragraph (6) the
following new paragraph:
``(7) provide that it shall be cause for immediate
termination of the tenancy of a public housing tenant if such
tenant--
``(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt to
commit a crime, which is a felony under the laws of the place
from which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(2) is violating a condition of probation or parole
imposed under Federal or State law.''; and
(2) in section 8(d)(1)(B)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(C) by adding after clause (iv) the following new clause:
``(v) it shall be cause for termination of the tenancy of a
tenant if such tenant--
``(I) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt to
commit a crime, which is a felony under the laws of the place
from which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(II) is violating a condition of probation or parole
imposed under Federal or State law;''.
(b) Provision of Information to Law Enforcement Agencies.--
Title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) is amended by adding at the end the following:
``SEC. 27. EXCHANGE OF INFORMATION WITH LAW ENFORCEMENT
AGENCIES.
``Notwithstanding any other provision of law, each public
housing agency that enters into a contract for assistance
under section 6 or 8 of this Act with the Secretary shall
furnish any Federal, State, or local law enforcement officer,
upon the request of the officer, with the current address,
Social Security number, and photograph (if applicable) of any
recipient of assistance under this Act, if the officer--
``(1) furnishes the public housing agency with the name of
the recipient; and
``(2) notifies the agency that--
``(A) such recipient--
``(i) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the individual flees, for a crime, or attempt to
commit a crime, which is a felony under the laws of the place
from which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
``(ii) is violating a condition of probation or parole
imposed under Federal or State law; or
``(iii) has information that is necessary for the officer
to conduct the officer's official duties;
``(B) the location or apprehension of the recipient is
within such officer's official duties; and
``(C) the request is made in the proper exercise of the
officer's official duties.''.
SEC. 904. SENSE OF THE SENATE REGARDING THE INABILITY OF THE
NONCUSTODIAL PARENT TO PAY CHILD SUPPORT.
It is the sense of the Senate that--
(a) States should diligently continue their efforts to
enforce child support payments by the non-custodial parent to
the custodial parent, regardless of the employment status or
location of the non-custodial parent; and
(b) States are encouraged to pursue pilot programs in which
the parents of a non-adult, non-custodial parent who refuses
to or is unable to pay child support must--
(1) pay or contribute to the child support owed by the non-
custodial parent; or
(2) otherwise fulfill all financial obligations and meet
all conditions imposed on the non-custodial parent, such as
participation in a work program or other related activity.
SEC. 905. ESTABLISHING NATIONAL GOALS TO PREVENT TEENAGE
PREGNANCIES.
(a) In General.--Not later than January 1, 1997, the
Secretary of Health and Human Services shall establish and
implement a strategy for--
(1) preventing out-of-wedlock teenage pregnancies, and
(2) assuring that at least 25 percent of the communities in
the United States have teenage pregnancy prevention programs
in place.
(b) Report.--Not later than June 30, 1998, and annually
thereafter, the Secretary shall report to the Congress with
respect to the progress that has been made in meeting the
goals described in paragraphs (1) and (2) of subsection (a).
SEC. 906. SENSE OF THE SENATE REGARDING ENFORCEMENT OF
STATUTORY RAPE LAWS.
(a) Sense of the Senate.--It is the sense of the Senate
that States and local jurisdictions should aggressively
enforce statutory rape laws.
(b) Justice Department Program On Statutory Rape.--Not
later than January 1, 1997, the Attorney General shall
establish and implement a program that--
(1) studies the linkage between statutory rape and teenage
pregnancy, particularly by predatory older men committing
repeat offensives; and
(2) educates State and local criminal law enforcement
officials on the prevention and prosecution of statutory
rape, focusing in particular on the commission of statutory
rape by predatory older men committing repeat offensives, and
any links to teenage pregnancy.
(c) Violence Against Women Initiative.--The Attorney
General shall ensure that the Department of Justice's
Violence Against Women initiative addresses the issue of
statutory rape, particularly the commission of statutory rape
by predatory older men committing repeat offensives.
SEC. 907. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
Section 904 of the Electronic Fund Transfer Act (15 U.S.C.
1693b) is amended--
(1) by striking ``(d) In the event'' and inserting ``(d)
Applicability to Service Providers Other Than Certain
Financial Institutions.--
``(1) In general.--In the event''; and
(2) by adding at the end the following new paragraph:
``(2) State and local government electronic benefit
transfer programs.--
``(A) Exemption generally.--The disclosures, protections,
responsibilities, and remedies established under this title,
and any regulation prescribed or order issued by the Board in
accordance with this title, shall not apply to any electronic
benefit transfer program established under State or local law
or administered by a State or local government.
``(B) Exception for direct deposit into recipient's
account.--Subparagraph (A) shall not apply with respect to
any electronic funds transfer under an electronic benefit
transfer program for deposits directly into a consumer
account held by the recipient of the benefit.
``(C) Rule of construction.--No provision of this paragraph
may be construed as--
``(i) affecting or altering the protections otherwise
applicable with respect to benefits established by Federal,
State, or local law; or
``(ii) otherwise superseding the application of any State
or local law.
``(D) Electronic benefit transfer program defined.--For
purposes of this paragraph, the term `electronic benefit
transfer program'--
``(i) means a program under which a government agency
distributes needs-tested benefits by establishing accounts to
be accessed by recipients electronically, such as through
automated teller machines, or point-of-sale terminals; and
``(ii) does not include employment-related payments,
including salaries and pension, retirement, or unemployment
benefits established by Federal, State, or local
governments.''.
SEC. 908. REDUCTION OF BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES; USE OF VOUCHERS.
(a) Reduction of Grants.--Section 2003(c) of the Social
Security Act (42 U.S.C. 1397b(c)) is amended--
(1) by striking ``and'' at the end of paragraph (4); and
(2) by striking paragraph (5) and inserting the following:
``(5) $2,800,000,000 for each of the fiscal years 1990
through 1995;
``(6) $2,381,000,000 for the fiscal year 1996;
``(7) $2,380,000,000 for each of the fiscal years 1997
through 2002; and
``(8) $2,800,000,000 for the fiscal year 2003 and each
succeeding fiscal year.''.
(b) Authority to Use Vouchers.--Section 2002 of such Act
(42 U.S.C. 1937a) is amended by adding at the end the
following:
``(f) A State may use funds provided under this title to
provide vouchers, for services directed at the goals set
forth in section 2001, to families, including--
``(1) families who have become ineligible for assistance
under a State program funded under part A of title IV by
reason of a durational limit on the provision of such
assistance; and
``(2) families denied cash assistance under the State
program funded under part A of title IV for a child who is
born to a member of the family who is--
``(A) a recipient of assistance under the program; or
``(B) a person who received such assistance at any time
during the 10-month period ending with the birth of the
child.''.
SEC. 909. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT ON
BASIS OF DISQUALIFIED INCOME.
(a) Reduction in Disqualified Income Threshold.--
(1) In general.--Paragraph (1) of section 32(i) of the
Internal Revenue Code of 1986 (re
[[Page 1837]]
lating to denial of credit for individuals having excessive
investment income) is amended by striking ``$2,350'' and
inserting ``$2,200''.
(2) Adjustment for inflation.--Subsection (j) of section 32
of such Code is amended to read as follows:
``(j) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning after 1996, each of the dollar amounts in
subsections (b)(2) and (i)(1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 1995'
for `calendar year 1992' in subparagraph (B) thereof.
``(2) Rounding.--
``(A) In general.--If any dollar amount in subsection
(b)(2), after being increased under paragraph (1), is not a
multiple of $10, such dollar amount shall be rounded to the
nearest multiple of $10.
``(B) Disqualified income threshold amount.--If the dollar
amount in subsection (i)(1), after being increased under
paragraph (1), is not a multiple of $50, such amount shall be
rounded to the next lowest multiple of $50.''.
(3) Conforming amendment.--Paragraph (2) of section 32(b)
of such Code is amended to read as follows:
``(2) Amounts.--The earned income amount and the phaseout
amount shall be determined as follows:
In the case of an eligible
individual with: The earned income amount is: The phaseout amount is:
1 qualifying child................ $6,330 $11,610
2 or more qualifying children..... $8,890 $11,610
No qualifying children............ $4,220 $ 5,280''.
(b) Definition of Disqualified Income.--Paragraph (2) of
section 32(i) of such Code (defining disqualified income) is
amended by striking ``and'' at the end of subparagraph (B),
by striking the period at the end of subparagraph (C) and
inserting a comma, and by adding at the end the following new
subparagraphs:
``(D) the capital gain net income (as defined in section
1222) of the taxpayer for such taxable year, and
``(E) the excess (if any) of--
``(i) the aggregate income from all passive activities for
the taxable year (determined without regard to any amount
included in earned income under subsection (c)(2) or
described in a preceding subparagraph), over
``(ii) the aggregate losses from all passive activities for
the taxable year (as so determined).
For purposes of subparagraph (E), the term `passive activity'
has the meaning given such term by section 469.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1995.
(2) Advance payment individuals.--In the case of any
individual who on or before June 26, 1996, has in effect an
earned income eligibility certificate for the individual's
taxable year beginning in 1996, the amendments made by this
section shall apply to taxable years beginning after December
31, 1996.
SEC. 910. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION
FOR EARNED INCOME CREDIT.
(a) In General.--Subsections (a)(2)(B), (c)(1)(C), and
(f)(2)(B) of section 32 of the Internal Revenue Code of 1986
are each amended by striking ``adjusted gross income'' each
place it appears and inserting ``modified adjusted gross
income''.
(b) Modified Adjusted Gross Income Defined.--Section 32(c)
of such Code (relating to definitions and special rules) is
amended by adding at the end the following new paragraph:
``(5) Modified adjusted gross income.--
``(A) In general.--The term `modified adjusted gross
income' means adjusted gross income determined without regard
to the amounts described in subparagraph (B).
``(B) Certain amounts disregarded.--An amount is described
in this subparagraph if it is--
``(i) the amount of losses from sales or exchanges of
capital assets in excess of gains from such sales or
exchanges to the extent such amount does not exceed the
amount under section 1211(b)(1),
``(ii) the net loss from estates and trusts,
``(iii) the excess (if any) of amounts described in
subsection (i)(2)(C)(ii) over the amounts described in
subsection (i)(2)(C)(i) (relating to nonbusiness rents and
royalties), and
``(iv) 50 percent of the net loss from the carrying on of
trades or businesses, computed separately with respect to--
``(I) trades or businesses (other than farming) conducted
as sole proprietorships,
``(II) trades or businesses of farming conducted as sole
proprietorships, and
``(III) other trades or businesses.
For purposes of clause (iv), there shall not be taken into
account items which are attributable to a trade or business
which consists of the performance of services by the taxpayer
as an employee.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1995.
(2) Advance payment individuals.--In the case of any
individual who on or before June 26, 1996, has in effect an
earned income eligibility certificate for the individual's
taxable year beginning in 1996, the amendments made by this
section shall apply to taxable years beginning after December
31, 1996.
SEC. 911. FRAUD UNDER MEANS-TESTED WELFARE AND PUBLIC
ASSISTANCE PROGRAMS.
(a) In General.--If an individual's benefits under a
Federal, State, or local law relating to a means-tested
welfare or a public assistance program are reduced because of
an act of fraud by the individual under the law or program,
the individual may not, for the duration of the reduction,
receive an increased benefit under any other means-tested
welfare or public assistance program for which Federal funds
are appropriated as a result of a decrease in the income of
the individual (determined under the applicable program)
attributable to such reduction.
(b) Welfare or Public Assistance Programs for Which Federal
Funds Are Appropriated.--For purposes of subsection (a), the
term ``means-tested welfare or public assistance program for
which Federal funds are appropriated'' includes the food
stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.), any program of public or assisted housing under
title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), and any State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.).
SEC. 912. ABSTINENCE EDUCATION.
Title V of the Social Security Act (42 U.S.C. 701 et seq.)
is amended by adding at the end the following section:
``separate program for abstinence education
``Sec. 510. (a) For the purpose described in subsection
(b), the Secretary shall, for fiscal year 1998 and each
subsequent fiscal year, allot to each State which has
transmitted an application for the fiscal year under section
505(a) an amount equal to the product of--
``(1) the amount appropriated in subsection (d) for the
fiscal year; and
``(2) the percentage determined for the State under section
502(c)(1)(B)(ii).
``(b)(1) The purpose of an allotment under subsection (a)
to a State is to enable the State to provide abstinence
education, and at the option of the State, where appropriate,
mentoring, counseling, and adult supervision to promote
abstinence from sexual activity, with a focus on those groups
which are most likely to bear children out-of-wedlock.
``(2) For purposes of this section, the term `abstinence
education' means an educational or motivational program
which--
``(A) has as its exclusive purpose, teaching the social,
psychological, and health gains to be realized by abstaining
from sexual activity;
``(B) teaches abstinence from sexual activity outside
marriage as the expected standard for all school age
children;
``(C) teaches that abstinence from sexual activity is the
only certain way to avoid out-of-wedlock pregnancy, sexually
transmitted diseases, and other associated health problems;
``(D) teaches that a mutually faithful monogamous
relationship in context of marriage is the expected standard
of human sexual activity;
``(E) teaches that sexual activity outside of the context
of marriage is likely to have harmful psychological and
physical effects;
``(F) teaches that bearing children out-of-wedlock is
likely to have harmful consequences for the child, the
child's parents, and society;
``(G) teaches young people how to reject sexual advances
and how alcohol and drug use increases vulnerability to
sexual advances; and
``(H) teaches the importance of attaining self-sufficiency
before engaging in sexual activity.
``(c)(1) Sections 503, 507, and 508 apply to allotments
under subsection (a) to the same extent and in the same
manner as such sections apply to allotments under section
502(c).
``(2) Sections 505 and 506 apply to allotments under
subsection (a) to the extent determined by the Secretary to
be appropriate.
``(d) For the purpose of allotments under subsection (a),
there is appropriated, out of any money in the Treasury not
otherwise appropriated, an additional $50,000,000 for each of
the fiscal years 1998 through 2002. The appropriation under
the preceding sentence for a fiscal year is made on October 1
of the fiscal year.''.
SEC. 913. CHANGE IN REFERENCE.
Effective January 1, 1997, the third sentence of section
1902(a) and section 1908(e)(1) of the Social Security Act (42
U.S.C. 1396a(a), 1396g-1(e)(1)) are each amended by striking
``The First Church of Christ, Scientist, Boston,
Massachusetts'' and inserting ``The Commission for
Accreditation of Christian
[[Page 1838]]
Science Nursing Organizations/Facilities, Inc.'' each place
it appears.
And the Senate agree to the same.
John R. Kasich,
Bill Archer,
William F. Goodling,
Pat Roberts,
Tom Bliley,
E. Clay Shaw, Jr.,
James Talent,
Jim Nussle,
Tim Hutchinson,
Jim McCrery,
Michael Bilirakis,
Lamar Smith,
Nancy L. Johnson,
Dave Camp,
Gary A. Franks,
``Duke'' Cunningham,
Mike Castle,
Bob Goodlatte,
Managers on the Part of the House.
From the Committee on the Budget:
Pete V. Domenici,
D. Nickles,
Phil Gramm,
Jim Exon,
From the Committee on Agriculture, Nutrition, and Forestry:
Richard G. Lugar,
Jesse Helms,
Thad Cochran,
Rick Santorum,
From the Committee on Finance:
William V. Roth, Jr.,
John H. Chafee,
Chuck Grassley,
Orrin Hatch,
Al Simpson,
From the Committee on Labor and Human Resources:
Nancy Landon Kassebaum,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. McINNIS, announced that pursuant to House
Resolution 495 the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
328
<3-line {>
affirmative
Nays
101
para.98.25 [Roll No. 383]
YEAS--328
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLay
Deutsch
Dickey
Dicks
Dingell
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Meehan
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Young (AK)
Zeliff
Zimmer
NAYS--101
Abercrombie
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
DeLauro
Dellums
Diaz-Balart
Dixon
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Foglietta
Frank (MA)
Gephardt
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kennedy (MA)
Kennedy (RI)
LaFalce
Lantos
Lewis (GA)
Lofgren
Maloney
Markey
Martinez
Matsui
McDermott
McKinney
McNulty
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Nadler
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Ros-Lehtinen
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Slaughter
Stark
Stokes
Studds
Tejeda
Thompson
Torres
Towns
Velazquez
Waters
Watt (NC)
Waxman
Williams
Woolsey
Yates
NOT VOTING--5
Flake
Ford
Gunderson
McDade
Young (FL)
So the conference report was agreed to.
Ordered, That the Clerk notify the Senate thereof.
para.98.26 waiving points of order against conference report to
accompany h.r. 3603
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-730) the resolution (H. Res. 496) waiving points of order
against the conference report to accompany the bill (H.R. 3603) making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.98.27 waiving points of order against conference report to
accompany h.r. 3517
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-731) the resolution (H. Res. 497) waiving points of order
against the conference report to accompany the bill (H.R. 3517) making
appropriations for military construction, family housing, and base
realignment and closure for the Department of Defense for the fiscal
year ending September 30, 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.98.28 waiving points of order against conference report to
accompany h.r. 3230
Mr. DREIER, by direction of the Committee on Rules, reported (Rept.
No. 104-732) the resolution (H. Res. 498) waiving points of order
against the conference report to accompany the bill (H.R. 3230) to
authorize appropriations for fiscal year 1997 for military activities of
the Department of Defense, to prescribe military personnel strengths for
fiscal year 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
[[Page 1839]]
para.98.29 providing for the consideration of h.r. 2823
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 489):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2823) to amend the Marine Mammal Protection
Act of 1972 to support the International Dolphin Conservation
Program in the eastern tropical Pacific Ocean, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Resources. After general debate the bill shall be considered
for amendment under the five-minute rule. In lieu of the
amendment recommended by the Committee on Resources now
printed in the bill, it shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
printed in the Congressional Record and numbered 1 pursuant
to clause 6 of rule XXIII. That amendment shall be considered
as read. No other amendment shall be in order except a
further amendment printed in the report of the Committee on
Rules to accompany this resolution, which may be offered only
by Representative Miller of California or his designee, shall
be considered as read, shall be debatable for one hour
equally divided and controlled by the proponent and an
opponent, and shall not be subject to amendment. At the
conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.98.30 dolphin conservation
The SPEAKER pro tempore, Mr. EWING, pursuant to House Resolution 489
and rule XXIII, declared the House resolved into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2823) to amend the Marine Mammal Protection Act of 1972 to support
the International Dolphin Conservation Program in the eastern tropical
Pacific Ocean, and for other purposes.
The SPEAKER pro tempore, Mr. EWING, by unanimous consent, designated
Mr. COLLINS as Chairman of the Committee of the Whole; and after some
time spent therein,
para.98.31 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. STUDDS:
In section 901(d)(2)(B) of the Dolphin Protection Consumer
Information Act (as proposed to be amended by section 4(h)(1)
of the amendment in the nature of a substitute made in order
as original text), insert ``, chased, harassed, injured, or
encircled with nets'' after ``killed'' in each of the places
it appears.
It was decided in the
Yeas
161
<3-line {>
negative
Nays
260
para.98.32 [Roll No. 384]
AYES--161
Abercrombie
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Berman
Bilirakis
Blumenauer
Blute
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bunn
Campbell
Chabot
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dixon
Doggett
Dornan
Doyle
Durbin
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flanagan
Foglietta
Foley
Forbes
Frank (MA)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Goodling
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hilliard
Hinchey
Holden
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klink
LaHood
Lantos
Lewis (GA)
Lipinski
Lofgren
Lowey
Maloney
Manton
Markey
Martini
Mascara
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Ney
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Poshard
Rahall
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Schiff
Schroeder
Schumer
Scott
Shays
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Stupak
Taylor (MS)
Thornton
Torres
Torricelli
Velazquez
Vento
Visclosky
Volkmer
Wamp
Ward
Waters
Watt (NC)
Waxman
Weller
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOES--260
Ackerman
Allard
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Everett
Ewing
Fawell
Fields (TX)
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Johnston
Kasich
Kelly
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaFalce
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Luther
Manzullo
Matsui
McCarthy
McCollum
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Zeliff
NOT VOTING--12
Bachus
Brownback
Flake
Ford
Hastert
Martinez
McCrery
McDade
Serrano
Thomas
Towns
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. FOX, assumed the Chair.
When Mr. COLLINS of Georgia, Chairman, pursuant to House Resolution
495, reported the bill back to the House with an amendment adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the
``International Dolphin Conservation Program Act''.
(b) References to Marine Mammal Protection Act.--Except as
otherwise expressly
[[Page 1840]]
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purposes of this Act are--
(1) to give effect to the Declaration of Panama, signed
October 4, 1995, by the Governments of Belize, Colombia,
Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain,
the United States of America, Vanuatu, and Venezuela,
including the establishment of the International Dolphin
Conservation Program, relating to the protection of dolphins
and other species, and the conservation and management of
tuna in the eastern tropical Pacific Ocean;
(2) to recognize that nations fishing for tuna in the
eastern tropical Pacific Ocean have achieved significant
reductions in dolphin mortality associated with that fishery;
and
(3) to eliminate the ban on imports of tuna from those
nations that are in compliance with the International Dolphin
Conservation Program.
(b) Findings.--The Congress finds the following:
(1) The nations that fish for tuna in the eastern tropical
Pacific Ocean have achieved significant reductions in dolphin
mortalities associated with the purse seine fishery from
hundreds of thousands annually to fewer than 5,000 annually.
(2) The provisions of the Marine Mammal Protection Act of
1972 that impose a ban on imports from nations that fish for
tuna in the eastern tropical Pacific Ocean have served as an
incentive to reduce dolphin mortalities.
(3) Tuna canners and processors of the United States have
led the canning and processing industry in promoting a
dolphin-safe tuna market.
(4) 12 signatory nations to the Declaration of Panama,
including the United States, agreed under that Declaration to
require that the total annual dolphin mortality in the purse
seine fishery for yellowfin tuna in the eastern tropical
Pacific Ocean not exceed 5,000, with a commitment and
objective to progressively reduce dolphin mortality to a
level approaching zero through the setting of annual limits.
SEC. 3. DEFINITIONS.
Section 3 (16 U.S.C. 1362) is amended by adding at the end
the following new paragraphs:
``(28) The term `International Dolphin Conservation
Program' means the international program established by the
agreement signed in La Jolla, California, in June 1992, as
formalized, modified, and enhanced in accordance with the
Declaration of Panama, that requires--
``(A) that the total annual dolphin mortality in the purse
seine fishery for yellowfin tuna in the eastern tropical
Pacific Ocean not exceed 5,000, with the commitment and
objective to progressively reduce dolphin mortality to levels
approaching zero through the setting of annual limits;
``(B) the establishment of a per-stock per-year mortality
limit for dolphins, for each year through the year 2000, of
between 0.2 percent and 0.1 percent of the minimum population
estimate;
``(C) beginning with the year 2001, that the per-stock per-
year mortality of dolphin not exceed 0.1 percent of the
minimum population estimate;
``(D) that if the mortality limit set forth in subparagraph
(A) is exceeded, all sets on dolphins shall cease for the
fishing year concerned;
``(E) that if the mortality limit set forth in subparagraph
(B) or (C) is exceeded sets on such stock and any mixed
schools containing members of such stock shall cease for that
fishing year;
``(F) in the case of subparagraph (B), to conduct a
scientific review and assessment in 1998 of progress toward
the year 2000 objective and consider recommendations as
appropriate; and
``(G) in the case of subparagraph (C), to conduct a
scientific review and assessment regarding that stock or
those stocks and consider further recommendations;
``(H) the establishment of a per-vessel maximum annual
dolphin mortality limit consistent with the established per-
year mortality caps; and
``(I) the provision of a system of incentives to vessel
captains to continue to reduce dolphin mortality, with the
goal of eliminating dolphin mortality.
``(29) The term `Declaration of Panama' means the
declaration signed in Panama City, Republic of Panama, on
October 4, 1995.''.
SEC. 4. AMENDMENTS TO TITLE I.
(a) Authorization for Incidental Taking.--Section 101(a)(2)
(16 U.S.C. 1371(a)(2)) is amended as follows:
(1) By inserting after the first sentence ``Such
authorizations may also be granted under title III with
respect to the yellowfin tuna fishery of the eastern tropical
Pacific Ocean, subject to regulations prescribed under that
title by the Secretary without regard to section 103.''.
(2) By striking the semicolon in the second sentence and
all that follows through ``practicable''.
(b) Documentary Evidence.--Section 101(a) (16 U.S.C.
1371(a)) is amended by striking so much of paragraph (2) as
follows subparagraph (A) and as precedes subparagraph (C) and
inserting:
``(B) in the case of yellowfin tuna harvested with purse
seine nets in the eastern tropical Pacific Ocean, and
products therefrom, to be exported to the United States,
shall require that the government of the exporting nation
provide documentary evidence that--
``(i) the tuna or products therefrom were not banned from
importation under this paragraph before the effective date of
the International Dolphin Conservation Program Act;
``(ii) the tuna or products therefrom were harvested after
the effective date of the International Dolphin Conservation
Program Act by vessels of a nation which participates in the
International Dolphin Conservation Program, such harvesting
nation is either a member of the Inter-American Tropical Tuna
Commission or has initiated (and within 6 months thereafter
completed) all steps (in accordance with article V, paragraph
3 of the Convention establishing the Inter-American Tropical
Tuna Commission) necessary to become a member of that
organization;
``(iii) such nation is meeting the obligations of the
International Dolphin Conservation Program and the
obligations of membership in the Inter-American Tropical Tuna
Commission, including all financial obligations;
``(iv) the total dolphin mortality permitted under the
International Dolphin Conservation Program will not exceed
5,000 in 1996, or in any year thereafter, consistent with the
commitment and objective of progressively reducing dolphin
mortality to levels approaching zero through the setting of
annual limits and the goal of eliminating dolphin mortality;
and
``(v) the tuna or products therefrom were harvested after
the effective date of the International Dolphin Conservation
Program Act by vessels of a nation which participates in the
International Dolphin Conservation Program, and such
harvesting nation has not vetoed the participation by any
other nation in such Program.''.
(c) Acceptance of Evidence Coverage.--Section 101 (16
U.S.C. 1371) is amended by adding at the end the following
new subsections:
``(d) Acceptance of Documentary Evidence.--The Secretary
shall not accept documentary evidence referred to in section
101(a)(2)(B) as satisfactory proof for purposes of section
101(a)(2) if--
``(1) the government of the harvesting nation does not
provide directly or authorize the Inter-American Tropical
Tuna Commission to release complete and accurate information
to the Secretary to allow a determination of compliance with
the International Dolphin Conservation Program;
``(2) the government of the harvesting nation does not
provide directly or authorize the Inter-American Tropical
Tuna Commission to release complete and accurate information
to the Secretary in a timely manner for the purposes of
tracking and verifying compliance with the minimum
requirements established by the Secretary in regulations
promulgated under subsection (f) of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(f)); or
``(3) after taking into consideration this information,
findings of the Inter-American Tropical Tuna Commission, and
any other relevant information, including information that a
nation is consistently failing to take enforcement actions on
violations which diminish the effectiveness of the
International Dolphin Conservation Program, the Secretary, in
consultation with the Secretary of State, finds that the
harvesting nation is not in compliance with the International
Dolphin Conservation Program.
``(e) Exemption.--The provisions of this Act shall not
apply to a citizen of the United States who incidentally
takes any marine mammal during fishing operations outside the
United States exclusive economic zone (as defined in section
3(6) of the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1802(6))) when employed on a foreign fishing
vessel of a harvesting nation which is in compliance with the
International Dolphin Conservation Program.''.
(d) Annual Permits.--Section 104(h) is amended to read as
follows:
``(h) Annual Permits.--(1) Consistent with the regulations
prescribed pursuant to section 103 and the requirements of
section 101, the Secretary may issue an annual permit to a
United States vessel for the taking of such marine mammals,
and shall issue regulations to cover the use of any such
annual permits.
``(2) Annual permits described in paragraph (1) for the
incidental taking of marine mammals in the course of
commercial purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean shall be governed by section
304, subject to the regulations issued pursuant to section
302.''.
(e) Revisions and Funding Sources.--Section 108(a)(2) (16
U.S.C. 1378(a)(2)) is amended as follows:
(1) By striking ``and'' at the end of subparagraph (A).
(2) By adding at the end the following:
``(C) discussions to expeditiously negotiate revisions to
the Convention for the Establishment of an Inter-American
Tropical Tuna Commission (1 UST 230, TIAS 2044) which will
incorporate conservation and management provisions agreed to
by the nations which have signed the Declaration of Panama;
``(D) a revised schedule of annual contributions to the
expenses of the Inter-American
[[Page 1841]]
Tropical Tuna Commission that is equitable to participating
nations; and
``(E) discussions with those countries participating or
likely to participate in the International Dolphin
Conservation Program, to identify alternative sources of
funds to ensure that needed research and other measures
benefiting effective protection of dolphins, other marine
species, and the marine ecosystem;''.
(f) Repeal of NAS Review.--Section 110 (16 U.S.C. 1380) is
amended as follows:
(1) By redesignating subsection (a)(1) as subsection (a).
(2) By striking subsection (a)(2).
(g) Labeling of Tuna Products.--Paragraph (1) of section
901(d) of the Dolphin Protection Consumer Information Act (16
U.S.C. 1385(d)(1)) is amended to read as follows:
``(1) It is a violation of section 5 of the Federal Trade
Commission Act for any producer, importer, exporter,
distributor, or seller of any tuna product that is exported
from or offered for sale in the United States to include on
the label of that product the term `Dolphin Safe' or any
other term or symbol that falsely claims or suggests that the
tuna contained in the product was harvested using a method of
fishing that is not harmful to dolphins if the product
contains any of the following:
``(A) Tuna harvested on the high seas by a vessel engaged
in driftnet fishing.
``(B) Tuna harvested in the eastern tropical Pacific Ocean
by a vessel using purse seine nets unless the tuna is
considered dolphin safe under paragraph (2).
``(C) Tuna harvested outside the eastern tropical Pacific
Ocean by a vessel using purse seine nets unless the tuna is
considered dolphin safe under paragraph (3).
``(D) Tuna harvested by a vessel engaged in any fishery
identified by the Secretary pursuant to paragraph (4) as
having a regular and significant incidental mortality of
marine mammals.''.
(h) Dolphin Safe Tuna.--(1) Paragraph (2) of section 901(d)
of the Dolphin Protection Consumer Information Act (16 U.S.C.
1385(d)(2)) is amended to read as follows:
``(2)(A) For purposes of paragraph (1)(B), a tuna product
that contains tuna harvested in the eastern tropical Pacific
Ocean by a vessel using purse seine nets is dolphin safe if
the vessel is of a type and size that the Secretary has
determined, consistent with the International Dolphin
Conservation Program, is not capable of deploying its purse
seine nets on or to encircle dolphins, or if the product
meets the requirements of subparagraph (B).
``(B) For purposes of paragraph (1)(B), a tuna product that
contains tuna harvested in the eastern tropical Pacific Ocean
by a vessel using purse seine nets is dolphin safe if the
product is accompanied by a written statement executed by the
captain of the vessel which harvested the tuna certifying
that no dolphins were killed during the sets in which the
tuna were caught and the product is accompanied by a written
statement executed by--
``(i) the Secretary or the Secretary's designee;
``(ii) a representative of the Inter-American Tropical Tuna
Commission; or
``(iii) an authorized representative of a participating
nation whose national program meets the requirements of the
International Dolphin Conservation Program,
which states that there was an observer approved by the
International Dolphin Conservation Program on board the
vessel during the entire trip and documents that no dolphins
were killed during the sets in which the tuna concerned were
caught.
``(C) The statements referred to in clauses (i), (ii), and
(iii) of subparagraph (B) shall be valid only if they are
endorsed in writing by each exporter, importer, and processor
of the product, and if such statements and endorsements
comply with regulations promulgated by the Secretary which
would provide for the verification of tuna products as
dolphin safe.''.
(2) Subsection (d) of section 901 of the Dolphin Protection
Consumer Information Act (16 U.S.C. 1385(d)) is amended by
adding the following new paragraphs at the end thereof:
``(3) For purposes of paragraph (1)(C), tuna or a tuna
product that contains tuna harvested outside the eastern
tropical Pacific Ocean by a vessel using purse seine nets is
dolphin safe if--
``(A) it is accompanied by a written statement executed by
the captain of the vessel certifying that no purse seine net
was intentionally deployed on or to encircle dolphins during
the particular voyage on which the tuna was harvested; or
``(B) in any fishery in which the Secretary has determined
that a regular and significant association occurs between
marine mammals and tuna, it is accompanied by a written
statement executed by the captain of the vessel and an
observer, certifying that no purse seine net was
intentionally deployed on or to encircle marine mammals
during the particular voyage on which the tuna was harvested.
``(4) For purposes of paragraph (1)(D), tuna or a tuna
product that contains tuna harvested in a fishery identified
by the Secretary as having a regular and significant
incidental mortality or serious injury of marine mammals is
dolphin safe if it is accompanied by a written statement
executed by the captain of the vessel and, where determined
to be practicable by the Secretary, an observer participating
in a national or international program acceptable to the
Secretary certifying that no marine mammals were killed in
the course of the fishing operation or operations in which
the tuna were caught.
``(5) No tuna product may be labeled with any reference to
dolphins, porpoises, or marine mammals, unless such product
is labeled as dolphin safe in accordance with this
subsection.''.
(i) Tracking and Verification.--Subsection (f) of section
901 of the Dolphin Protection Consumer Information Act (16
U.S.C. 1385(f)) is amended to read as follows:
``(f) Tracking and Verification.--The Secretary, in
consultation with the Secretary of the Treasury, shall issue
regulations to implement subsection (d) not later than 3
months after the date of enactment of the International
Dolphin Conservation Program Act. In the development of these
regulations, the Secretary shall establish appropriate
procedures for ensuring the confidentiality of proprietary
information the submission of which is voluntary or
mandatory. Such regulations shall, consistent with
international efforts and in coordination with the Inter-
American Tropical Tuna Commission, establish a domestic and
international tracking and verification program that provides
for the effective tracking of tuna labeled under subsection
(d), including but not limited to each of the following:
``(1) Specific regulations and provisions addressing the
use of weight calculation for purposes of tracking tuna
caught, landed, processed, and exported.
``(2) Additional measures to enhance observer coverage if
necessary.
``(3) Well location and procedures for monitoring,
certifying, and sealing holds above and below deck or other
equally effective methods of tracking and verifying tuna
labeled under subsection (d).
``(4) Reporting receipt of and database storage of radio
and facsimile transmittals from fishing vessels containing
information related to the tracking and verification of tuna,
and the definition of sets.
``(5) Shore-based verification and tracking throughout the
transshipment and canning process by means of Inter-American
Tropical Tuna Commission trip records or otherwise.
``(6) Provisions for annual audits and spot checks for
caught, landed, and processed tuna products labeled in
accordance with subsection (d).
``(7) The provision of timely access to data required under
this subsection by the Secretary from harvesting nations to
undertake the actions required in paragraph (6) of this
subsection.''.
SEC. 5. AMENDMENTS TO TITLE III.
(a) Heading.--The heading of title III is amended to read
as follows:
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.
(b) Findings.--Section 301 (16 U.S.C. 1411) is amended as
follows:
(1) In subsection (a), by amending paragraph (4) to read as
follows:
``(4) Nations harvesting yellowfin tuna in the eastern
tropical Pacific Ocean have demonstrated their willingness to
participate in appropriate multilateral agreements to reduce,
with the goal of eliminating, dolphin mortality in that
fishery. Recognition of the International Dolphin
Conservation Program will assure that the existing trend of
reduced dolphin mortality continues; that individual stocks
of dolphins are adequately protected; and that the goal of
eliminating all dolphin mortality continues to be a
priority.''.
(2) In subsection (b), by amending paragraphs (2) and (3)
to read as follows:
``(2) support the International Dolphin Conservation
Program and efforts within the Program to reduce, with the
goal of eliminating, the mortality referred to in paragraph
(1);
``(3) ensure that the market of the United States does not
act as an incentive to the harvest of tuna caught with
driftnets or caught by purse seine vessels in the eastern
tropical Pacific Ocean that are not operating in compliance
with the International Dolphin Conservation Program;''.
(c) International Dolphin Conservation Program.--Section
302 (16 U.S.C. 1412) is amended to read as follows:
``SEC. 302. AUTHORITY OF THE SECRETARY.
``(a) Regulations To Implement Program Regulations.--(1)
The Secretary shall issue regulations to implement the
International Dolphin Conservation Program.
``(2)(A) Not later than 3 months after the date of
enactment of this section, the Secretary shall issue
regulations to authorize and govern the incidental taking of
marine mammals in the eastern tropical Pacific Ocean,
including any species of marine mammal designated as depleted
under this Act but not listed as endangered or threatened
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), by vessels of the United States participating in the
International Dolphin Conservation Program.
``(B) Regulations issued under this section shall include
provisions--
``(i) requiring observers on each vessel;
``(ii) requiring use of the backdown procedure or other
procedures equally or more effective in avoiding mortality of
marine mammals in fishing operations;
``(iii) prohibiting intentional deployment of nets on, or
encirclement of, dolphins in violation of the International
Dolphin Conservation Program;
``(iv) requiring the use of special equipment, including
dolphin safety panels in nets, monitoring devices as
identified by the International Dolphin Conservation Program,
as practicable, to detect unsafe fishing conditions before
nets are deployed by a tuna vessel, operable rafts,
speedboats with tow
[[Page 1842]]
ing bridles, floodlights in operable condition, and diving
masks and snorkels;
``(v) ensuring that the backdown procedure during the
deployment of nets on, or encirclement of, dolphins is
completed and rolling of the net to sack up has begun no
later than 30 minutes after sundown;
``(vi) banning the use of explosive devices in all purse
seine operations;
``(vii) establishing per vessel maximum annual dolphin
mortality limits, total dolphin mortality limits and per-
stock per-year mortality limits, in accordance with the
International Dolphin Conservation Program;
``(viii) preventing the intentional deployment of nets on,
or encirclement of, dolphins after reaching either the vessel
maximum annual dolphin mortality limits, total dolphin
mortality limits, or per-stock per-year mortality limits;
``(ix) preventing the fishing on dolphins by a vessel
without an assigned vessel dolphin mortality limit;
``(x) allowing for the authorization and conduct of
experimental fishing operations, under such terms and
conditions as the Secretary may prescribe, for the purpose of
testing proposed improvements in fishing techniques and
equipment (including new technology for detecting unsafe
fishing conditions before nets are deployed by a tuna vessel)
that may reduce or eliminate dolphin mortality or do not
require the encirclement of dolphins in the course of
commercial yellowfin tuna fishing;
``(xi) authorizing fishing within the area covered by the
International Dolphin Conservation Program by vessels of the
United States without the use of special equipment or nets if
the vessel takes an observer and does not intentionally
deploy nets on, or encircle, dolphins, under such terms and
conditions as the Secretary may prescribe; and
``(xii) containing such other restrictions and requirements
as the Secretary determines are necessary to implement the
International Dolphin Conservation Program with respect to
vessels of the United States.
``(C) The Secretary may make such adjustments as may be
appropriate to the requirements of subparagraph (B) that
pertain to fishing gear, vessel equipment, and fishing
practices to the extent the adjustments are consistent with
the International Dolphin Conservation Program.
``(b) Consultation.--In developing regulations under this
section, the Secretary shall consult with the Secretary of
State, the Marine Mammal Commission and the United States
Commissioners to the Inter-American Tropical Tuna Commission
appointed under section 3 of the Tuna Conventions Act of 1950
(16 U.S.C. 952).
``(c) Emergency Regulations.--(1) If the Secretary
determines, on the basis of the best scientific information
available (including that obtained under the International
Dolphin Conservation Program) that the incidental mortality
and serious injury of marine mammals authorized under this
title is having, or is likely to have, a significant adverse
effect on a marine mammal stock or species, the Secretary
shall take actions as follows--
``(A) notify the Inter-American Tropical Tuna Commission of
the Secretary's findings, along with recommendations to the
Commission as to actions necessary to reduce incidental
mortality and serious injury and mitigate such adverse
impact; and
``(B) prescribe emergency regulations to reduce incidental
mortality and serious injury and mitigate such adverse
impact.
``(2) Prior to taking action under paragraph (1) (A) or
(B), the Secretary shall consult with the Secretary of State,
the Marine Mammal Commission, and the United States
Commissioners to the Inter-American Tropical Tuna Commission.
``(3) Emergency regulations prescribed under this
subsection--
``(A) shall be published in the Federal Register, together
with an explanation thereof; and
``(B) shall remain in effect for the duration of the
applicable fishing year; and
The Secretary may terminate such emergency regulations at a
date earlier than that required by subparagraph (B) by
publication in the Federal Register of a notice of
termination, if the Secretary determines that the reasons for
the emergency action no longer exist.
``(4) If the Secretary finds that the incidental mortality
and serious injury of marine mammals in the yellowfin tuna
fishery in the eastern tropical Pacific Ocean is continuing
to have a significant adverse impact on a stock or species,
the Secretary may extend the emergency regulations for such
additional periods as may be necessary.
``(d) Research.--The Secretary shall, in cooperation with
the nations participating in the International Dolphin
Conservation Program and with the Inter-American Tropical
Tuna Commission, undertake or support appropriate scientific
research to further the goals of the International Dolphin
Conservation Program. Such research may include but shall not
be limited to any of the following:
``(1) Devising cost-effective fishing methods and gear so
as to reduce, with the goal of eliminating, the incidental
mortality and serious injury of marine mammals in connection
with commercial purse seine fishing in the eastern tropical
Pacific Ocean.
``(2) Developing cost-effective methods of fishing for
mature yellowfin tuna without deployment of nets on, or
encirclement of, dolphins or other marine mammals.
``(3) Carrying out stock assessments for those marine
mammal species and marine mammal stocks taken in the purse
seine fishery for yellowfin tuna in the eastern tropical
Pacific Ocean, including species or stocks not within waters
under the jurisdiction of the United States.
``(4) Studying the effects of chase and encirclement on the
health and biology of dolphin and individual dolphin
populations incidentally taken in the course of purse seine
fishing for yellowfin tuna in the eastern tropical Pacific
Ocean. There are authorized to be appropriated to the
Department of Commerce $1,000,000 to be used by the
Secretary, acting through the National Marine Fisheries
Service, to carry out this paragraph. Upon completion of the
study, the Secretary shall submit a report containing the
results of the study, together with recommendations, to the
Congress and to the Inter-American Tropical Tuna Commission.
``(5) Determining the extent to which the incidental take
of nontarget species, including juvenile tuna, occurs in the
course of purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean, the geographic location of
the incidental take, and the impact of that incidental take
on tuna stocks, and nontarget species.
The Secretary shall include a description of the annual
results of research carried out under this subsection in the
report required under section 303.''.
(d) Reports.--Section 303 (16 U.S.C. 1414) is amended to
read as follows:
``SEC. 303. REPORTS BY THE SECRETARY.
``Notwithstanding section 103(f), the Secretary shall
submit an annual report to the Congress which includes each
of the following:
``(1) The results of research conducted pursuant to section
302.
``(2) A description of the status and trends of stocks of
tuna.
``(3) A description of the efforts to assess, avoid,
reduce, and minimize the bycatch of juvenile yellowfin tuna
and other nontarget species.
``(4) A description of the activities of the International
Dolphin Conservation Program and of the efforts of the United
States in support of the Program's goals and objectives,
including the protection of dolphin populations in the
eastern tropical Pacific Ocean, and an assessment of the
effectiveness of the Program.
``(5) Actions taken by the Secretary under subsections
(a)(2)(B) and (d) of section 101.
``(6) Copies of any relevant resolutions and decisions of
the Inter-American Tropical Tuna Commission, and any
regulations promulgated by the Secretary under this title.
``(7) Any other information deemed relevant by the
Secretary.''.
(e) Permits.--Section 304 (16 U.S.C. 1416) is amended to
read as follows:
``SEC. 304. PERMITS.
``(a) In General.--(1) Consistent with section 302, the
Secretary is authorized to issue a permit to a vessel of the
United States authorizing participation in the International
Dolphin Conservation Program and may require a permit for the
person actually in charge of and controlling the fishing
operation of the vessel. The Secretary shall prescribe such
procedures as are necessary to carry out this subsection,
including, but not limited to, requiring the submission of--
``(A) the name and official number or other identification
of each fishing vessel for which a permit is sought, together
with the name and address of the owner thereof; and
``(B) the tonnage, hold capacity, speed, processing
equipment, and type and quantity of gear, including an
inventory of special equipment required under section 302,
with respect to each vessel.
``(2) The Secretary is authorized to charge a fee for
issuing a permit under this section. The level of fees
charged under this paragraph may not exceed the
administrative cost incurred in granting an authorization and
issuing a permit. Fees collected under this paragraph shall
be available, subject to appropriations, to the Under
Secretary of Commerce for Oceans and Atmosphere for expenses
incurred in issuing permits under this section.
``(3) After the effective date of the International Dolphin
Conservation Program Act, no vessel of the United States
shall operate in the yellowfin tuna fishery in the eastern
tropical Pacific Ocean without a valid permit issued under
this section.
``(b) Permit Sanctions.--(1) In any case in which--
``(A) a vessel for which a permit has been issued under
this section has been used in the commission of an act
prohibited under section 305;
``(B) the owner or operator of any such vessel or any other
person who has applied for or been issued a permit under this
section has acted in violation of section 305; or
``(C) any civil penalty or criminal fine imposed on a
vessel, owner or operator of a vessel, or other person who
has applied for or been issued a permit under this section
has not been paid or is overdue, the Secretary may--
``(i) revoke any permit with respect to such vessel, with
or without prejudice to the issuance of subsequent permits;
``(ii) suspend such permit for a period of time considered
by the Secretary to be appropriate;
``(iii) deny such permit; or
``(iv) impose additional conditions or restrictions on any
permit issued to, or applied for by, any such vessel or
person under this section.
``(2) In imposing a sanction under this subsection, the
Secretary shall take into account--
[[Page 1843]]
``(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
``(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and other such
matters as justice requires.
``(3) Transfer of ownership of a vessel, by sale or
otherwise, shall not extinguish any permit sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, by
sale or otherwise, the owner shall disclose in writing to the
prospective transferee the existence of any permit sanction
that will be in effect or pending with respect to the vessel
at the time of transfer.
``(4) In the case of any permit that is suspended for the
failure to pay a civil penalty or criminal fine, the
Secretary shall reinstate the permit upon payment of the
penalty or fine and interest thereon at the prevailing rate.
``(5) No sanctions shall be imposed under this section
unless there has been a prior opportunity for a hearing on
the facts underlying the violation for which the sanction is
imposed, either in conjunction with a civil penalty
proceeding under this title or otherwise.''.
(f) Prohibitions.--Section 305 is repealed and section 307
(16 U.S.C. 1417) is redesignated as section 305, and amended
as follows:
(1) In subsection (a):
(A) By amending paragraph (1) to read as follows:
``(1) for any person to sell, purchase, offer for sale,
transport, or ship, in the United States, any tuna or tuna
product unless the tuna or tuna product is either dolphin
safe or has been harvested in compliance with the
International Dolphin Conservation Program by a country that
is a member of the Inter-American Tropical Tuna Commission or
has initiated steps, in accordance with Article V, paragraph
3 of the Convention establishing the Inter-American Tropical
Tuna Commission, to become a member of that organization;''.
(B) By amending paragraph (2) to read as follows:
``(2) except in accordance with this title and regulations
issued pursuant to this title as provided for in subsection
101(e), for any person or vessel subject to the jurisdiction
of the United States intentionally to set a purse seine net
on or to encircle any marine mammal in the course of tuna
fishing operations in the eastern tropical Pacific Ocean;
or''.
(C) By amending paragraph (3) to read as follows:
``(3) for any person to import any yellowfin tuna or
yellowfin tuna product or any other fish or fish product in
violation of a ban on importation imposed under section
101(a)(2);''.
(2) In subsection (b)(2), by inserting ``(a)(5) and''
before ``(a)(6)''.
(3) By striking subsection (d).
(g) Repeal.--Section 306 is repealed and section 308 (16
U.S.C. 1418) is redesignated as section 306, and amended by
striking ``303'' and inserting in lieu thereof ``302(d)''.
(h) Clerical Amendments.--The table of contents in the
first section of the Marine Mammal Protection Act of 1972 is
amended by striking the items relating to title III and
inserting in lieu thereof the following:
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
``Sec. 301. Findings and policy.
``Sec. 302. Authority of the Secretary.
``Sec. 303. Reports by the Secretary.
``Sec. 304. Permits.
``Sec. 305. Prohibitions.
``Sec. 306. Authorization of appropriations.''.
SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.
(a) Membership.--Section 3(c) of the Tuna Conventions Act
of 1950 (16 U.S.C. 952(c)) is amended to read as follows:
``(c) at least one shall be either the Director, or an
appropriate regional director, of the National Marine
Fisheries Service; and''.
(b) Advisory Committee and Scientific Advisory
Subcommittee.--Section 4 of the Tuna Conventions Act of 1950
(16 U.S.C. 953) is amended to read as follows:
``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
``The Secretary, in consultation with the United States
Commissioners, shall:
``(1) Appoint a General Advisory Committee which shall be
composed of not less than 5 nor more than 15 persons with
balanced representation from the various groups participating
in the fisheries included under the conventions, and from
nongovernmental conservation organizations. The General
Advisory Committee shall be invited to have representatives
attend all nonexecutive meetings of the United States
sections and shall be given full opportunity to examine and
to be heard on all proposed programs of investigations,
reports, recommendations, and regulations of the commission.
The General Advisory Committee may attend all meetings of the
international commissions to which they are invited by such
commissions.
``(2) Appoint a Scientific Advisory Subcommittee which
shall be composed of not less than 5 nor more than 15
qualified scientists with balanced representation from the
public and private sectors, including nongovernmental
conservation organizations. The Scientific Advisory
Subcommittee shall advise the General Advisory Committee and
the Commissioners on matters including the conservation of
ecosystems; the sustainable uses of living marine resources
related to the tuna fishery in the eastern Pacific Ocean; and
the long-term conservation and management of stocks of living
marine resources in the eastern tropical Pacific Ocean. In
addition, the Scientific Advisory Subcommittee shall, as
requested by the General Advisory Committee, the United
States Commissioners or the Secretary, perform functions and
provide assistance required by formal agreements entered into
by the United States for this fishery, including the
International Dolphin Conservation Program. These functions
may include each of the following:
``(A) The review of data from the Program, including data
received from the Inter-American Tropical Tuna Commission.
``(B) Recommendations on research needs, including
ecosystems, fishing practices, and gear technology research,
including the development and use of selective,
environmentally safe and cost-effective fishing gear, and on
the coordination and facilitation of such research.
``(C) Recommendations concerning scientific reviews and
assessments required under the Program and engaging, as
appropriate, in such reviews and assessments.
``(D) Consulting with other experts as needed.
``(E) Recommending measures to assure the regular and
timely full exchange of data among the parties to the Program
and each nation's National Scientific Advisory Committee (or
equivalent).
``(3) Establish procedures to provide for appropriate
public participation and public meetings and to provide for
the confidentiality of confidential business data. The
Scientific Advisory Subcommittee shall be invited to have
representatives attend all nonexecutive meetings of the
United States sections and the General Advisory Subcommittee
and shall be given full opportunity to examine and to be
heard on all proposed programs of scientific investigation,
scientific reports, and scientific recommendations of the
commission. Representatives of the Scientific Advisory
Subcommittee may attend meetings of the Inter-American
Tropical Tuna Commission in accordance with the rules of such
Commission.
``(4) Fix the terms of office of the members of the General
Advisory Committee and Scientific Advisory Subcommittee, who
shall receive no compensation for their services as such
members.''.
SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.
It is the sense of the Congress that each nation
participating in the International Dolphin Conservation
Program should contribute an equitable amount to the expenses
of the Inter-American Tropical Tuna Commission. Such
contributions shall take into account the number of vessels
from that nation fishing for tuna in the eastern tropical
Pacific Ocean, the consumption of tuna and tuna products from
the eastern tropical Pacific Ocean and other relevant factors
as determined by the Secretary.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take
effect upon certification by the Secretary of State to the
Congress that a binding resolution of the Inter-American
Tropical Tuna Commission, or another legally binding
instrument, establishing the International Dolphin
Conservation Program has been adopted and is in effect.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. FOX, announced that the yeas had it.
Mr. SAXTON demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
316
<3-line {>
affirmative
Nays
108
para.98.33 [Roll No. 385]
AYES--316
Ackerman
Allard
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Forbes
Fowler
[[Page 1844]]
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Johnson (CT)
Johnson, Sam
Johnston
Jones
Kasich
Kelly
Kennelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Martini
Mascara
Matsui
McCarthy
McCollum
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
Meek
Metcalf
Mica
Miller (FL)
Minge
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Torkildsen
Torres
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Yates
Young (AK)
Zeliff
NOES--108
Abercrombie
Andrews
Baldacci
Barcia
Barrett (WI)
Bilirakis
Bonior
Brown (CA)
Brown (OH)
Bunn
Campbell
Chabot
Clay
Clayton
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Deal
DeFazio
DeLauro
Dellums
Dornan
Doyle
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Filner
Foglietta
Frank (MA)
Franks (NJ)
Furse
Gejdenson
Gephardt
Gutierrez
Hilliard
Hinchey
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kildee
Kleczka
Klink
Lantos
Lewis (GA)
Lipinski
Lofgren
Lowey
Maloney
Markey
McKinney
McNulty
Meehan
Menendez
Meyers
Millender-McDonald
Miller (CA)
Moakley
Murtha
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Poshard
Rivers
Rose
Rush
Sabo
Sanders
Sanford
Schroeder
Schumer
Serrano
Smith (NJ)
Spratt
Stark
Stokes
Studds
Taylor (MS)
Thurman
Tiahrt
Torricelli
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Waxman
Woolsey
Wynn
Zimmer
NOT VOTING--9
Bachus
Brownback
Flake
Ford
Martinez
McCrery
McDade
Towns
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.98.34 unfinished business--veto of h.r. 743
The SPEAKER pro tempore, Mr. FOX, announced the unfinished business to
be the consideration of the veto of the bill (H.R. 743) to amend the
National Labor Relations Act to allow labor management cooperative
efforts that improve economic competitiveness in the United States to
continue to thrive, and for other purposes.
On motion of Mr. GOODLING, by unanimous consent,
Ordered, That the veto message of the President, together with the
accompanying bill, H.R. 734, be referred to the Committee on Economic
and Educational Opportunities.
para.98.35 providing for the consideration of h.r. 123
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-734) the resolution (H. Res. 499) providing for consideration of the
bill (H.R. 123) to amend title 4, United States Code, to declare English
as the official language of the Government of the United States.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.98.36 submission of conference report--h.r. 3754
Mr. PACKARD submitted a conference report (Rept. No. 104-733) on the
bill (H.R. 3754) making appropriations for the Legislative Branch for
the fiscal year ending September 30, 1997, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.98.37 manzanar historic site
On motion of Mr. HANSEN, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 3006) to provide for disposal of public
lands in support of the Manzanar Historic Site in the State of
California, and for other purposes.
When said bill was considered and read twice.
The following amendment, recommended by the Committee on Resources was
then agreed to:
Page 8, after line 4, insert the following:
SEC. 2. ADDITIONAL AREA.
Section 101 of Public Law 102-248 is amended by inserting
in subsection (b) after the second sentence ``The site shall
also include an additional area of approximately 300 acres as
demarcated as the new proposed boundaries in the map dated
March 8, 1996, entitled `Manzanar National Historic Site
Archaeological Base Map'.''
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide for disposal of public lands in support of the Manzanar National
Historic Site in the State of California, and for other purposes.''.
A motion to reconsider the votes whereby the bill, was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.98.38 district of columbia federal real property
On motion of Mr. HANSEN, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 2636) to transfer jurisdiction over
certain parcels of Federal real property located in the District of
Columbia, and for other purposes.
When said bill was considered and read twice.
The following amendment, recommended by the Committee on Resources was
then agreed to:
Page 4, line 12, strike ``S6201''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.98.39 waiving requirement of clause 4(b) of rule XI--certain
resolution
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-735) the resolution (H. Res. 500) waiving a requirement of clause
4(b) of rule XI with respect to consideration of a certain resolution
reported from the Committee on Rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.98.40 recess--11:02 p.m
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, pursuant to
clause 12 of rule I, declared the House in recess at 11 o'clock and 2
minutes p.m., subject to the call of the Chair.
para.98.41 after recess--11:43 p.m.
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, called the
House to order.
[[Page 1845]]
para.98.42 submission of conference report--h.r. 3103
Mr. HASTERT submitted a conference report (Rept. No. 104-736) on the
bill (H.R. 3103) to amend the Internal Revenue Code of 1986 to improve
portability and continuity of health insurance coverage in the group and
individual markets, to combat waste, fraud, and abuse in health
insurance and health care delivery, to promote the use of medical
savings accounts, to improve access to long term care services and
coverage, to simplify the administration of health insurance, and for
other purposes; together with a statement thereon, for printing in the
Record under the rule.
And then,
para.98.43 adjournment
On motion of Mr. HASTERT, at 11 o'clock and 44 minutes p.m., the House
adjourned.
para.98.44 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. LIVINGSTON: Committee on Appropriations. Revised
subdivision of budget totals for fiscal year 1997 (Rept. No.
104-727). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CANADY: Committee on the Judiciary. H.R. 351. A bill to
amend the Voting Rights Act of 1965 to eliminate certain
provisions relating to bilingual voting requirements; with an
amendment (Rept. No. 104-728). Referred to the Committee of
the Whole House on the State of the Union.
Mr. SOLOMON: Committee on Rules. House Resolution 495.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3734) to provide for
reconciliation pursuant to section 201(a)(1) of the
concurrent resolution on the budget for fiscal year 1997
(Rept. No. 104-729). Referred to the House Calendar.
Mr. GOSS: Committee on Rules. House Resolution 496.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3603) making
appropriations for Agriculture, Rural Development, Food and
Drug Administration, and related agencies program for the
fiscal year ending September 30, 1997, and for other purposes
(Rept. No. 104-730). Referred to the House Calendar.
Ms. PRYCE: Committee on Rules. House Resolution 497.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3517) making
appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense
for the fiscal year ending September 30, 1997, and for other
purposes (Rept. No. 104-731). Referred to the House Calendar.
Mr. SOLOMON: Committee on Rules. House Resolution 498.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3230) to authorize
appropriations for fiscal year 1997 for military activities
of the Department of Defense, to prescribe military personnel
strengths for fiscal year 1997, and for other purposes (Rept.
No. 104-732). Referred to the House Calendar.
Mr. PACKARD: Committee on Conference. Conference report on
H.R. 3754. A bill making appropriations for the legislative
branch for the fiscal year ending September 30, 1997, and for
other purposes (Rept. No. 104-733). Ordered to be printed.
Mr. LINDER: Committee on Rules. House Resolution 499.
Resolution providing for consideration of the bill (H.R. 123)
to amend title 4, United States Code, to declare English as
the official language of the Government of the United States
(Rept. No. 104-734). Referred to the House Calendar.
Mr. GOSS: Committee on Rules. House Resolution 500.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of a certain resolution
reported from the Committee on Rules (Rept. No. 104-735).
Referred to the House Calendar.
Mr. HASTERT: Committee of Conference. Conference report on
H.R. 3103. A bill to amend the Internal Revenue Code of 1986
to improve portability and continuity of health insurance
coverage in the group and individual markets, to combat
waste, fraud, and abuse in health insurance and health care
delivery, to promote the use of medical savings accounts, to
improve access to long-term care services and coverage, to
simplify the administration of health insurance, and for
other purposes (Rept. No. 104-736). Ordered to be printed.
para.98.45 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. SHUSTER (for himself, Mr. Duncan, Mr. Oberstar,
Mr. Lipinski, Mr. Hutchinson, Mr. Baker of
California, Mr. Franks of New Jersey, Mr. Blute, Mr.
Ehlers, Mr. Bachus, Ms. Brown of Florida, Mr. Latham,
Mrs. Kelly, Mr. LaTourette, Mr. Mascara, Mr. Lazio of
New York, and Mr. LaHood):
H.R. 3923. A bill to amend title 49, United States Code, to
require the National Transportation Safety Board and
individual air carriers to take actions to address the needs
of families of passengers involved in aircraft accidents; to
the Committee on Transportation and Infrastructure.
By Mr. HORN (for himself and Mrs. Maloney):
H.R. 3924. A bill to provide uniform safeguards for the
confidentiality of information acquired for exclusively
statistical purposes, and to improve the efficiency of
Federal statistical programs and the quality of Federal
statistics by permitting limited sharing of records for
statistical purposes under strong safeguards; to the
Committee on Government Reform and Oversight.
By Mr. DORNAN (for himself, Mr. Hunter, Mr. Chambliss,
Mr. Stearns, and Mr. Crane):
H.R. 3925. A bill to amend title 10, United States Code, to
restore the regulations prohibiting service of homosexuals in
the Armed Forces; to the Committee on National Security.
H.R. 3926. A bill to amend title 10, United States Code, to
require the separation from military service under certain
circumstances of members of the Armed Forces diagnosed with
the HIV-1 virus; to the Committee on National Security.
By Mr. EVANS (for himself, Mr. Gutierrez, Mr. Filner,
Mr. Stockman, Mr. Ackerman, Mr. Kildee, Mrs. Thurman,
Mr. Faleomavaega, Mr. Frost, Ms. McKinney, Mr.
Johnson of South Dakota, Mr. McDermott, and Mr.
Metcalf):
H.R. 3927. A bill to amend title 38, United States Code, to
provide benefits for certain children of Vietnam veterans who
are born with spina bifida, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. FRANK of Massachusetts:
H.R. 3928. A bill to amend the Immigration and Nationality
Act with respect to waiver of exclusion for certain
excludable aliens; to the Committee on the Judiciary.
By Mr. STUMP (for himself, Mr. Shadegg, and Mr.
Hayworth):
H.R. 3929. A bill to direct the Secretary of the Interior
to utilize certain Federal lands in Arizona to acquire by
eminent domain State trust lands located in or adjacent to
other Federal lands in Arizona; to the Committee on
Resources, and in addition to the Committee on Veterans'
Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. TOWNS:
H.R. 3930. A bill to protect the personal privacy rights of
insurance customers and claimants, and for other purposes; to
the Committee on Commerce, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Ms. VELAZQUEZ (for herself, Mr. Rangel, Mr. Schumer,
Mrs. Maloney, Mr. Manton, Mr. Ackerman, Mr. Towns,
Mrs. Lowey, Mr. Flake, Mr. Nadler, Mr. Owens, Mr.
Serrano, Mr. Engel, Mr. Gilman, Mr. Hinchey, and Mr.
King):
H.R. 3931. A bill to amend the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 to require the
development and implementation of a national financial crimes
strategy to combat financial crimes involving money
laundering and other related activities, and for other
purposes; to the Committee on Banking and Financial Services,
and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WISE:
H.R. 3932. A bill to amend title II of the Social Security
Act to provide that the waiting period for disability
benefits shall not be applicable in the case of a disabled
individual suffering from a terminal illness; to the
Committee on Ways and Means.
By Mr. WOLF (for himself, Mr. Livingston, Mr. Sam
Johnson, Mr. Davis, Mr. Bliley, Mr. Goodlatte, Mr.
Moran, Mr. Payne of Virginia, Mr. Boucher, Mr.
Pickett, Mr. Sisisky, Mr. Bateman, and Mr. Scott):
H.R. 3933. A bill to authorize construction of the
Smithsonian Institution National Air and Space Museum Dulles
Center at Washington Dulles International Airport, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. ZELIFF (for himself, Mr. Paxon, and Mr. Quinn):
H.R. 3934. A bill to provide protections against bundling
of contract requirements in Federal procurement; to the
Committee on National Security, and in addition to the
Committee on Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MALONEY (for herself, Mr. Yates, and Mrs.
Lowey):
H. Res. 501. Resolution calling upon the Government of
Germany to negotiate in good faith regarding expansion of
eligibility for Holocaust survivor compensation; to the
Committee on International Relations.
para.98.46 memorials
Under clause 4 of rule XXII,
239. The SPEAKER presented a memorial of the Senate of the
Commonwealth of Massachusetts, relative to momorializing
Congress to require the Federal Railway Administration to
postpone a ruling relative to the sounding of train whistles;
to the Committee on Transportation and Infrastructure.
[[Page 1846]]
para.98.47 private bills and resolutions
Under clause 1 of rule XXII,
Mr. HEFLEY introduced a bill (H.R. 3935) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for each of the vessels High Hopes and
High Hopes II; which was referred to the Committee on
Transportation and Infrastructure.
para.98.48 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 249: Mr. Weldon of Pennsylvania.
H.R. 878: Mr. Pallone and Mr. Hoyer.
H.R. 1073: Mr. Bereuter, Mr. Torricelli, Mr. Chrysler, Mr.
Wicker, and Mrs. Myrick.
H.R. 1074: Mr. Bereuter, Mr. Torricelli, Mr. Pomeroy, Mr.
Chrysler, Mr. Wicker, and Mrs. Myrick.
H.R. 1090: Mr. Smith, of New Jersey.
H.R. 1309: Mr. Frazer, Mr. Gonzalez, Mr. Torricelli, Mr.
Green of Texas, Mrs. Clayton, Mr. Brown of Ohio, Mr. Mascara,
Mr. Parker, and Ms. Norton.
H.R. 1386: Mr. Stearns.
H.R. 1389: Ms. McKinney.
H.R. 1406: Mr. McKeon, Mr. Hobson, and Mr. Stokes.
H.R. 1711: Mr. Wicker.
H.R. 1923: Mr. Stearns.
H.R. 2011: Mrs. Lowey, Mr. Stockman, Mr. Rangel, and Mr.
Coyne.
H.R. 2193: Mr. Pombo.
H.R. 2270: Mr. Barr.
H.R. 2320: Mr. Farr.
H.R. 2472: Ms. Norton and Ms. Eddie Bernice Johnson of
Texas.
H.R. 2582: Mr. Taylor of North Carolina, Mr. Moran, and Mr.
Fox.
H.R. 2603: Mr. Quinn.
H.R. 2651: Mr. Pombo.
H.R. 2654: Mr. LaFalce.
H.R. 2928: Mr. Funderburk.
H.R. 3022: Mr. Markey, Mr. Mascara, and Mr. Payne of
Virginia.
H.R. 3047: Mr. Condit.
H.R. 3117: Mr. Dellums.
H.R. 3119: Mr. Dellums.
H.R. 3181: Mr. Clyburn and Mr. DeFazio.
H.R. 3187: Mr. Kennedy of Rhode Island and Mr. Boehlert.
H.R. 3195: Mr. Mica, Mr. Sensenbrenner, Mr. Tauzin, and Mr.
Collins of Georgia.
H.R. 3202: Mr. Conyers and Ms. Woolsey.
H.R. 3207: Ms. Kaptur.
H.R. 3211: Mr. Calvert and Mr. Wicker.
H.R. 3226: Mr. Yates.
H.R. 3251: Mr. Camp.
H.R. 3374: Mr. Coburn and Mr. Smith of New Jersey.
H.R. 3391: Mrs. Vucanovich.
H.R. 3401: Ms. Pryce, Mr. Condit, and Mr. Dornan.
H.R. 3430: Mr. Wise, Mr. Bliley, Mr. Scarborough, Mr.
Brewster, and Mr. Abercrombie.
H.R. 3467: Mr. Nethercutt.
H.R. 3498: Mr. Martinez and Mr. Spratt.
H.R. 3565: Mrs. Seastrand.
H.R. 3578: Mr. Dellums.
H.R. 3633: Mr. Burr.
H.R. 3636: Ms. Pryce.
H.R. 3645: Mr. Greenwood, Mr. Regula, Mr. Pastor, Mr.
Gutierrez, Ms. Furse, and Mr. Kennedy of Rhode Island.
H.R. 3654: Mr. LaHood, Mr. Johnson of South Dakota, Mr.
Klug, and Mr. Meehan.
H.R. 3688: Mr. Coyne and Mr. Durbin.
H.R. 3714: Mr. Frank of Massachusetts, Mr. Rogers, and Mr.
Clyburn.
H.R. 3747: Mr. Torres, Mr. McDermott, Mrs. Meek of Florida,
and Mr. Beilenson.
H.R. 3790: Mr. Christensen.
H.R. 3830: Mr. Owens, Mr. Sanders, Mr. Frazer, Mr. Hastings
of Florida, and Mr. Studds.
H.R. 3849: Mr. Gillmor.
H.R. 3863: Mr. Rohrabacher, Mr. Ewing, Mr. Watts of
Oklahoma, Ms. Greene of Utah, Mr. Pallone, Mr. Green of
Texas, Mr. Holden, and Mr. Flake.
H.R. 3902: Mr. Pomeroy.
H.R. 3905: Mr. Hutchinson.
H.J. Res. 97: Ms. DeLauro and Mr. Miller of California.
H.J. Res. 114: Ms. DeLauro.
H. Con. Res. 100: Mr. Wicker.
H. Con. Res. 200: Mr. DeFazio, Mr. Dornan, Mr. Pombo, Mr.
Stearns, Mr. Torricelli, Mr. Hayworth, Mr. Kleczka, Mrs.
Kennelly, Mr. McNulty, Mr. Everett, Mr. Lipinski, Mr.
Hastings of Florida, Mr. Shadegg, Mr. Livingston, Mr. Tanner,
Mr. Montgomery, Mr. McCollum, Ms. Millender-McDonald, and Mr.
Spratt.
H. Res. 470: Mr. Franks of Connecticut, Mr. Campbell, Ms.
Furse, and Mr. Lipinski.
H. Res. 478: Ms. Greene of Utah and Mr. Boucher.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
----------------
CONGRESS OF THE UNITED STATES
Begun and held at the Capitol, in the City of Washington, in the
District of Columbia, on Wednesday, the third day of January, in the
year of our Lord nineteen hundred and ninety-six, being the second
session of the One Hundred Fourth Congress, held under the Constitution
of the United States, and in the two hundred and twentieth year of the
independence of the United States.
________________________________________________________________________
[[Page 1847]]
.
THURSDAY, AUGUST 1, 1996, (99)
The House was called to order by the SPEAKER.
para.99.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, July 31, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.99.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4491. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 419 and H.R. 701, pursuant to Public Law 101-
508, section 13101(a) (104 Stat. 1388-581); to the Committee
on the Budget.
4492. A letter from the Assistant Secretary for Pension and
Welfare Benefits, Department of Labor, transmitting the
Department's final rule--Class Exemption To Permit Certain
Authorized Transactions Between Plans and Parties in Interest
[Application No. D-10031] received August 1, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Economic and
Educational Opportunities.
4493. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 911 Emergency Calling Systems [CC
Docket No. 94-102] received August 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4494. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicaid
Program; Medicaid Eligibility Quality Control, Progressive
Reductions in Federal Financial Participation for fiscal
years 1982-1984, Payment for Physician Billing for Clinical
Laboratory Services, and Utilization Control of Skilled
Nursing Facility Services: Removal of Obsolete Requirements
(Health Care Financing Administration) (RIN: 0938-AH31)
received August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4495. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for production of
major military equipment with Israel (Transmittal No. DTC-44-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
4496. A letter from the Chairman, District of Columbia
Financial Responsibility and Management Assistance Authority,
transmitting a letter making recommendations for the purpose
of promoting financial responsibility in the District of
Columbia government, pursuant to Public Law 104-8, section
207(a) (109 Stat. 133); to the Committee on Government Reform
and Oversight.
4497. A letter from the Assistant Secretary for Export
Administration, Department of Commerce, transmitting the
Department's final rule--Biological Warfare Experts Group
Meeting: Implementation of Changes to Export Administration
Regulations; ECCNs 1C991, 1C61B, 1B71E, and 1C91F (RIN: 0694-
AB37) received August 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4498. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Central Inmate
Monitoring (CIM) System (RIN: 1120-AA43) received July 31,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
the Judiciary.
4499. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Grants Pass, Oregon
(Federal Aviation Administration) [Airspace Docket No. 96-
ANM-015], pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4500. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Libby Montana (Federal
Aviation Administration) [Airspace Docket No. 96-ANM-013]
received August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4501. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9 and
DC-9-80 Series Airplanes, and C-9 (Military) Airplanes,
Equipped with a Ventral Afr Pressure Bulkhead (Federal
Aviation Administration) [Docket No. 95-NM-186-AD; Amendment
39-9704; AD 96-16-04] (RIN: 2120-AA64) received August 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transporatation and Infrastructure.
4502. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations; Saginaw River, MI (U.S.
Coast Guard) [CGD09-96-003] (RIN: 2115-AE47) received August
1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4503. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; City of Palm Beach, FL (U.S. Coast
Guard) [CGD07-96-045] (RIN: 2115-AE46) received August 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4504. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Regulated Navigation Area: Boston Harbor, Spectacle Island,
Boston, MA (U.S. Coast Guard) [CGD1-96-068] (RIN: 2115-AE84)
received August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4505. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations; Ebey Slough, Marysville,
Washington (U.S. Coast Guard) [CGD13-96-002] (RIN: 2115-AE47)
received August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4506. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations: Snohomish River, Everett,
WA (U.S. Coast Guard) [CGD13-96-001] (RIN: 2115-AE47)
received August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4507. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulations; Red River, Louisiana
[[Page 1848]]
(U.S. Coast Guard) [CGD08-96-025] (RIN: 2115-AE47) received
August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4508. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulation; Seafair's U.S. Navy Blue Angels Air
Show, Elliot Bay, Seattle, Washington (U.S. Coast Guard)
[CGD13-96-015] (RIN: 2115-AA97) received August 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4509. A letter from the National Director, Tax Forms and
Publications Division, Internal Revenue Service, transmitting
the Service's final rule--requirements for preparing
acceptable substitute information returns to be filed with
the Internal Revenue Service (IRS), and for furnishing
recipient statements (Revenue Procedure 96-42) received July
31, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
para.99.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment, a bill and a
joint resolution of the House of the following titles:
H.R. 3215. An Act to amend title 18, United States Code, to
repeal the provision relating to Federal employees
contracting or trading with Indians.
H.J. Res. 166. Joint resolution granting the consent of
Congress to the Mutual Aid Agreement between the city of
Bristol, Virginia, and the city of Bristol, Tennessee.
The message also announced that the Senate had passed bills of the
following titles, in which the concurrence of the House is requested:
S. 1936. An Act to amend the Nuclear Waste Policy Act of
1982.
S. 1995. An Act to authorize construction of the
Smithsonian Institution National Air and Space Museum Dulles
Center at Washington Dulles International Airport, and for
other purposes.
para.99.4 submission of conference report--h.r. 3448
Mr. ARCHER submitted a conference report (Rept. No. 104-737) on the
bill (H.R. 3448) to provide tax relief for small businesses, to protect
jobs, to create opportunities, to increase the take home pay of workers,
and for other purposes; together with a statement thereon, for printing
in the Record under the rule.
para.99.5 committees and subcommittees to sit
On motion of Mr. TIAHRT, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on International Relations, the
Committee on the Judiciary, the Committee on Resources, the Committee on
Science, the Committee on Small Business, the Committee on
Transportation and Infrastructure, and the Permanent Select Committee on
Intelligence.
para.99.6 order of business--consideration of conference report to
accompany h.r. 3754
On motion of Mr. PACKARD, by unanimous consent,
Ordered, That it may be in order at any time to consider a conference
report to accompany the bill (H.R. 3754) making appropriations for the
Legislative Branch for the fiscal year ending September 30, 1997, and
for other purposes; that all points of order against the conference
report and against its consideration be waived; and that the conference
report be considered as read when called up.
para.99.7 legislative appropriations
Mr. PACKARD, pursuant to the order of the House heretofore agreed to,
called up the following conference report (Rept. No. 104-733):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3754) ``making appropriations for the Legislative Branch for
the fiscal year ending September 30, 1997, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its amendments numbered 9, 20,
23, and 24.
That the House recede from its disagreements to the
amendments of the Senate numbered 1, 2, 6, 10, 11, 12, 13,
14, 17, 18, and 19, and agree to the same.
Amendment Numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,750,000; and the Senate agree to the same.
Amendment Numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$69,356,000; and the Senate agree to the same.
Amendment Numbered 5:
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$33,437,000; and the Senate agree to the same.
Amendment Numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,782,000; and the Senate agree to the same.
Amendment Numbered 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$24,532,000; and the Senate agree to the same.
Amendment Numbered 15:
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$9,753,000; and the Senate agree to the same.
Amendment Numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,310,000; and the Senate agree to the same.
Amendment Numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 314. (A) Upon enactment into law of this Act, there
shall be established a program for providing the widest
possible exchange of information among legislative branch
agencies with the long range goal of improving information
technology planning and evaluation. The Committee on House
Oversight of the House of Representatives and the Committee
on Rules and Administration of the Senate are requested to
determine the structure and operation of this program and to
provide appropriate oversight. All of the appropriate offices
and agencies of the legislative branch as defined below shall
participate in this program for information exchange, and
shall report annually on the extent and nature of their
participation in their budget submissions to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate.
(B) As used in this section--
(1) the term ``offices and agencies of the legislative
branch'' means the office of the Clerk of the House, the
office of the Secretary of the Senate, the office of the
Architect of the Capitol, the General Accounting Office, the
Government Printing Office, the Library of Congress, the
Congressional Research Service, the Congressional Budget
Office, the Chief Administrative Officer of the House of
Representatives, and the Sergeant at Arms of the Senate; and
(2) the term ``technology'' refers to any form of computer
hardware and software; computer-based systems, services, and
support for the creation, processing, exchange, and delivery
of information; and telecommunications systems, and the
associated hardware and software, that provide for voice,
data, or image communication.
And the Senate agree to the same.
Amendment Numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment, as follows:
In lieu of the of the first section number named in said
amendment, insert: 315; and the Senate agree to the same.
Amendment Numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the of the first section number named in said
amendment, insert: 316 and at the end of the matter proposed
by said amendment, insert the following:
Sec. 317. For payment to Jo Ann Emerson, widow of Bill
Emerson, late a Representative from the State of Missouri,
$133,600.
And the Senate agree to the same.
Ron Packard,
Charles H. Taylor,
Dan Miller,
Roger F. Wicker,
Bob Livingston,
Ray Thornton,
Jose Serrano,
Vic Fazio,
David R. Obey,
Managers on the Part of the House.
Connie Mack,
[[Page 1849]]
Robert F. Bennett,
Ben Nighthorse Campbell,
Mark O. Hatfield,
Patty Murray,
Barbara A. Mikulski,
Robert C. Byrd,
Managers on the Part of the Senate.
Pursuant to the foregoing order the conference report was considered
as read.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced that further proceedings on agreeing to the conference report
were postponed.
para.99.8 order of business--consideration of conference report to
accompany h.r. 3603
On motion of Mr. SKEEN, by unanimous consent,
Ordered, That it may be in order at any time to consider a conference
report to accompany the bill (H.R. 3603) making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 1997,
and for other purposes; that all points of order against the conference
report and against its consideration be waived; and that the conference
report be considered as read when called up.
para.99.9 agriculture appropriations
Mr. SKEEN, pursuant to the order of the House heretofore agreed to,
called up the following conference report (Rept. No. 104-726):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3603) ``making appropriations for Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1997, and for other purposes,'' having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 5, 8,
17, 18, 19, 21, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,
40, 41, 42, 43, 47, 50, 51, 53, 55, 57, 61, 71, 72, 73, 79,
87, 97, 102, 107, 109, 110, 112, 116, 118, 119, 124, 128,
129, 132, 134, 135, 136, 137, 139, 140, 141, 142, and 143.
That the House recede from its disagreement to the
amendments of the Senate numbered 4, 6, 7, 10, 12, 13, 14,
20, 22, 23, 27, 52, 54, 63, 65, 66, 68, 69, 78, 84, 85, 89,
90, 93, 94, 95, 100, 101, 103, 104, 105, 106, 108, 113, 114,
115, 117, 120, 121, 122, 123, 127, 130, 138, 144, 146, 147,
and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
Restore the matter stricken, amended to read as follows: :
Provided, That none of the funds appropriated or otherwise
made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to
carry out section 793(c)(1)(C) of Public Law 104-127; and the
Senate agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$23,505,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$144,053,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$716,826,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$69,100,000; and the Senate agree to the same.
Amendment numbered 15:
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$49,767,000; and the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$94,203,000; and the Senate agree to the same.
Amendment numbered 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$10,249,000; and the Senate agree to the same.
Amendment numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$421,504,000; and the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$61,591,000; and the Senate agree to the same.
Amendment numbered 28:
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$2,000,000; and the Senate agree to the same.
Amendment numbered 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$12,066,000; and the Senate agree to the same.
Amendment numbered 45:
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$425,520,000; and the Senate agree to the same.
Amendment numbered 46:
That the House recede from its disagreement to the
amendment of the Senate number 46, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$434,909,000; and the Senate agree to the same.
Amendment numbered 48:
That the House recede from its disagreement to the
amendment of the Senate number 48, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$38,507,000; and the Senate agree to the same.
Amendment numbered 49:
That the House recede from its disagreement to the
amendment of the Senate number 49, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$23,128,000; and the Senate agree to the same.
Amendment numbered 56:
That the House recede from its disagreement to the
amendment of the Senate number 56, and agree to the same with
an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$34,653,000; and the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate number 58, and agree to the same with
an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$499,000; and the Senate agree to the same.
Amendment numbered 59:
That the House recede from its disagreement to the
amendment of the Senate number 59, and agree to the same with
an amendment, as follows:
Delete the matter proposed and restore the matter stricken
by said amendment, amended as follows:
In lieu of the first sum named in the matter restored,
insert: $64,000,000; and the Senate agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate number 60, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$619,742,000; and the Senate agree to the same.
Amendment numbered 62:
That the House recede from its disagreement to the
amendment of the Senate numbered 62, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$12,381,000; and the Senate agree to the same.
Amendment numbered 64:
That the House recede from its disagreement to the
amendment of the Senate numbered 64, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
130,433,000; and the Senate agree to the same.
Amendment numbered 67:
[[Page 1850]]
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$60,743,000; and the Senate agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$7,000,000; and the Senate agree to the same.
Amendment numbered 74:
That the House recede from its disagreement to the
amendment of the Senate numbered 74, and agree to the same
with an amendment, a follows:
In lieu of the sum proposed by said amendment, insert:
$9,000,000; and the Senate agree to the same.
Amendment numbered 75:
That the House recede from its disagreement to the
amendment of the Senate numbered 75, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$566,935,000; and the Senate agree to the same.
Amendment numbered 76:
That the House recede from its disagreement to the
amendment of the Senate numbered 76, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$5,200,000; and the Senate agree to the same.
Amendment numbered 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$8,750,000; and the Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$8,653,297,000; and the Senate agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$3,219,544,000; and the Senate agree to the same.
Amendment numbered 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$1,000,000; and the Senate agree to the same.
Amendment numbered 83:
That the House recede from its disagreement to the
amendment of the Senate numbered 83, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: : Provided further, That once the amount
of fiscal year 1996 carryover funds has been determined by
the Secretary, any fund in excess of $100,000,000 may be
transferred by the Secretary of Agriculture to the Rural
Utilities Assistance Program and/or to the Rural Housing
Insurance Fund for the cost of direct section 502 loans,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974; and the Senate
agree to the same.
Amendment numbered 86:
That the House recede from its disagreement to the
amendment of the Senate numbered 86, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$27,618,029,000; and the Senate agree to the same.
Amendment numbered 88:
That the House recede from its disagreement to the
amendment of the Senate numbered 88, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$3,000,000; and the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the
amendment of the Senate numbered 91, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$106,128,000; and the Senate agree to the same.
Amendment numbered 92:
That the House recede from its disagreement to the
amendment of the Senate numbered 92, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$135,561,000; and the Senate agree to the same.
Amendment numbered 96:
That the House recede from its disagreement to the
amendment of the Senate numbered 96, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$226,900,000; and the Senate agree to the same.
Amendment numbered 98:
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$185,589,000; and the Senate agree to the same.
Amendment numbered 99:
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,780,000; and the Senate agree to the same.
Amendment numbered 111:
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
After ``2249'' insert: : Provided, That this limitation
shall not apply to expenses associated with receiverships;
and the Senate agree to the same.
Amendment numbered 125:
That the House recede from its disagreement to the
amendment of the Senate numbered 125, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 735. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act to any other agency or office of the Department for
more than 30 days unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period of
assignment; and the Senate agree to the same.
Amendment numbered 126:
That the House recede from its disagreement to the
amendment of the Senate numbered 126, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert
the following:
Sec. 736. Section 747 of the Federal Agriculture
Improvement and Reform Act of 1996 is amended by inserting,
``effective October 1, 1996,'' following ``The Secretary
shall make grants'' in section 310B(e)(2) of the Consolidated
Farm and Rural Development Act: Provided, That this section
shall take effect upon enactment of this Act into law; and
the Senate agree to the same.
Amendment numbered 131:
That the House recede from its disagreement to the
amendment of the Senate numbered 131, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 741. RURAL HOUSING PROGRAM EXTENSIONS.
(a) Extension of Multifamily Rural Housing Loan Program.--
(1) Authority to make loans.--Section 515(b)(4) of the
Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
1997''.
(2) Set-aside for nonprofit entities.--The first sentence
of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal year 1996'' and
inserting ``fiscal year 1997''.
(b) Extension of Housing in Underserved Areas Program.--The
first sentence of section 509(f)(4)(A) of the Housing Act of
1949 (42 U.S.C. 1479(f)(4)(A)) is amended by striking
``fiscal year 1996'' and inserting ``fiscal year 1997''.
(c) Reforms for Multifamily Rural Housing Loan Program.--
(1) Limitation on project transfers.--Section 515 of the
Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting
after subsection (g) the following new subsection:
``(h) Project Transfers.--After the date of the enactment
of the Act entitled `An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes', the ownership or
control of a project for which a loan is made or insured
under this section may be transferred only if the Secretary
determines that such transfer would further the provision of
housing and related facilities for low-income families or
persons and would be in the best interests of residents and
the Federal Government.''.
(2) Equity loans.--Section 515(t) of the Housing Act of
1949 (42 U.S.C. 1485(t)) is amended--
(A) by striking paragraphs (4) and (5); and
(B) by redesignating paragraphs (6) through (8) as
paragraphs (4) through (6), respectively.
(3) Equity takeout loans to extend low-income use.--
(A) Authority and limitation.--Section 502(c)(4)(B)(iv) of
the Housing Act of 1949 (42 U.S.C. 1472(c)(4)(B)(iv)) is
amended by inserting before the period at the end the
following: ``or under paragraphs (1) and (2) of section
514(j), except that an equity loan referred to in this clause
may not be made available after the date of the enactment of
the Act entitled `An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes', unless the
Secretary determines that the other incentives available
under this subparagraph are not adequate to provide a fair
return on the investment of the borrower, to prevent
prepayment of the loan insured under section 514 or 515, or
to prevent the displacement of tenants of the housing for
which the loan was made''.
(B) Approval of assistance.--Section 502(c)(4)(C) of the
Housing Act of 1949 (42 U.S.C. 1472(c)(4)(C)) is amended by
striking ``(C)'' and all that follows through ``provided--''
and inserting the following:
``(C) Approval of assistance.--The Secretary may approve
assistance under subpara
[[Page 1851]]
graph (B) for assisted housing only if the restrictive period
has expired for any loan for the housing made or insured
under section 514 or 515 pursuant to a contract entered into
after December 21, 1979, but before the date of the enactment
of the Department of Housing and Urban Development Reform Act
of 1989, and the Secretary determines that the combination of
assistance provided--''.
(C) Technical correction.--Section 515(c)(1) of the Housing
Act of 1949 (42 U.S.C. 1485(c)(1)) is amended by striking
``December 21, 1979'' and inserting ``December 15, 1989''.
(d) Reform of Section 515.--Section 515 of the Housing Act
of 1949 (42 U.S.C. 1485) is amended--
(1) by striking subsection (r) and inserting the following:
``(r)(1) The Secretary--
``(A) may require that the initial operating reserve under
this section may be in the form of an irrevocable letter of
credit; and
``(B) except as provided in paragraph (2), may require not
more than a 3 percent contribution to equity, except that the
Secretary shall require a 5 percent contribution in the case
of a project that is allocated a low-income housing tax
credit pursuant to section 42 of the Internal Revenue Code of
1986.
``(2) The Secretary may adjust the amount of equity
contribution to ensure that assistance provided is not more
than is necessary to provide affordable housing after taking
account of assistance from all Federal, State, and local
sources.
``(3) Not later than 60 days after the date of enactment of
the Act entitled `An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes', the Secretary
shall issue regulations to implement subsection (r)(2) in
accordance with the negotiated rulemaking procedures set
forth in subchapter III of chapter 5 of title 5, United
States Code: Provided, That if the negotiated rulemaking is
not completed within the designated time, the Secretary shall
proceed to promulgate regulations under the rulemaking
authority contained in 5 U.S.C. 557.''; and
(2) by striking subsection (z).
(e) Equity Skimming Penalties.--
(1) Insurance of loans for the provision of housing and
related facilities for domestic farm labor.--Section 514 of
the Housing Act of 1949 (42 U.S.C. 1484) is amended by adding
at the end the following new subsection:
``(j) Equity Skimming Penalty.--Whoever, as an owner,
agent, or manager, or who is otherwise in custody, control,
or possession of property that is security for a loan made or
insured under this section willfully uses, or authorizes the
use, of any part of the rents, assets, proceeds, income, or
other funds derived from such property, for any purpose other
than to meet actual or necessary expenses of the property, or
for any other purpose not authorized by this title or the
regulations adopted pursuant to this title, shall be fined
not more than $250,000 or imprisoned not more than 5 years,
or both.''.
(2) Direct and insured loans to provide housing and related
facilities for elderly persons and families in rural areas.--
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485), as
amended by subsection (d)(2) of this section, is amended by
adding at the end the following new subsection:
``(z) Equity Skimming Penalty.--Whoever, as an owner,
agent, or manager, or who is otherwise in custody, control,
or possession of property that is security for a loan made or
insured under this section willfully uses, or authorizes the
use, of any part of the rents, assets, proceeds, income, or
other funds derived from such property, for any purpose other
than to meet actual or necessary expenses of the property, or
for any other purpose not authorized by this title or the
regulations adopted pursuant to this title, shall be fined
not more than $250,000 or imprisoned not more than 5 years,
or both.''.
(f) Prioritization of Assistance.--Section 532 of the
Housing Act of 1949 (42 U.S.C. 1490l) is amended--
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Except as otherwise provided in subsection (c),
the Secretary''; and
(2) by adding at the end the following new subsection:
``(c) Prioritization of Section 515 Housing Assistance.--
``(1) In general.--The Secretary shall make assistance
under section 515 available pursuant to an objective
procedure established by the Secretary, under which the
Secretary shall identify counties and communities having the
greatest need for such assistance and designate such counties
and communities to receive such assistance.
``(2) Objective measures.--The Secretary shall use the
following objective measures to determine the need for rental
housing assistance under paragraph (1):
``(A) The incidence of poverty.
``(B) The lack of affordable housing and the existence of
substandard housing.
``(C) The lack of mortgage credit.
``(D) The rural characteristics of the location.
``(E) Other factors as determined by the Secretary,
demonstrating the need for affordable housing.
``(3) Information.--In administering this subsection, the
Secretary shall use information from the most recent
decennial census of the United States, relevant comprehensive
affordable housing strategies under section 105 of the
Cranston-Gonzalez National Affordable Housing Act, and other
reliable sources obtained by the Secretary which demonstrate
the need for affordable housing in rural areas.
``(4) Designation.--A designation under this subsection
shall not be effective for a period of more than 3 years, but
may be renewed by the Secretary in accordance with the
procedure set forth in this subsection. The Secretary shall
take such other reasonable actions as the Secretary considers
to be appropriate to notify the public of such
designations.''.; and the Senate agree to the same.
Amendment numbered 133:
That the House recede from its disagreement to the
amendment of the Senate numbered 133, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
On page 38, line 14, of the Senate engrossed amendments,
insert after ``chapter 83''; or chapter 84; and the Senate
agree to the same.
Amendment numbered 145:
That the House recede from its disagreement to the
amendment of the Senate numbered 145, and agree to the same
with an amendment, as follows:
In lieu of the first sum named in said amendment, insert
the following: $32,244,000.
In lieu of the second sum named in said amendment, insert
the following: $110,000,000; and the Senate agree to the
same.
Joe Skeen,
John T. Myers,
James T. Walsh,
Jay Dickey,
Jack Kingston,
Frank Riggs,
George R. Nethercutt, Jr.,
Bob Livingston,
Richard J. Durbin,
Marcy Kaptur,
Ray Thornton,
Vic Fazio,
David R. Obey,
Managers on the Part of the House.
Thad Cochran,
Christopher Bond,
Slade Gorton,
Mitch McConnell,
Conrad Burns,
Mark O. Hatfield,
Dale Bumpers,
Tom Harkin,
J. Robert Kerrey,
J. Bennett Johnston,
Herb Kohl,
Robert C. Byrd,
Managers on the Part of the Senate.
Pursuant to the foregoing order the conference report was considered
as read.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced that further proceedings on agreeing to the conference report
were postponed.
para.99.10 h.r. 3754--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the unfinished business to be agreeing to the conference
report to accompany the bill (H.R. 3754) making appropriations for the
Legislative Branch for the fiscal year ending September 30, 1997, and
for other purposes.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
397
<3-line {>
affirmative
Nays
22
para.99.11 [Roll No. 386]
YEAS--397
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Evans
Everett
Ewing
[[Page 1852]]
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Zeliff
Zimmer
NAYS--22
Chenoweth
Coble
Coleman
Conyers
Cooley
Eshoo
Filner
Ganske
Green (TX)
Jacobs
Johnston
LoBiondo
Miller (CA)
Nadler
Roemer
Sanford
Scarborough
Schroeder
Sensenbrenner
Stearns
Stockman
Stump
NOT VOTING--14
Brownback
Chapman
Engel
Ford
Istook
McDade
Murtha
Peterson (FL)
Riggs
Towns
Waters
Wilson
Young (AK)
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.99.12 h.r. 3603--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the further unfinished business to be agreeing to the
conference report to accompany the bill (H.R. 3603) making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
379
<3-line {>
affirmative
Nays
42
para.99.13 [Roll No. 387]
YEAS--379
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Sabo
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
NAYS--42
Andrews
Bass
Chabot
Conyers
Dellums
Doggett
Eshoo
Fattah
Foglietta
Frank (MA)
Franks (NJ)
Frelinghuysen
Hoke
Jacobs
Johnston
LoBiondo
Lofgren
Meehan
Menendez
Miller (CA)
Miller (FL)
Nadler
Owens
Payne (NJ)
Rohrabacher
Roukema
Roybal-Allard
Royce
Rush
Salmon
Sanford
Scarborough
Schumer
Sensenbrenner
Stark
Stearns
Stockman
Torkildsen
Volkmer
Williams
Yates
Zimmer
[[Page 1853]]
NOT VOTING--12
Brownback
Chapman
Engel
Ford
McDade
Murtha
Peterson (FL)
Riggs
Towns
Waters
Wilson
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, House Resolution 496 was laid on the table.
para.99.14 providing for the consideration of h.r. 123
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 499):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 123) to amend title 4, United States Code, to
declare English as the official language of the Government of
the United States. The first reading of the bill shall be
dispensed with. Points of order against consideration of the
bill for failure to comply with clause 2(l)(6) of rule XI are
waived. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Economic and Educational Opportunities. After general debate
the bill shall be considered for amendment under the five-
minute rule. In lieu of the amendment recommended by the
Committee on Economic and Educational Opportunities now
printed in the bill, it shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule an amendment in the nature of a substitute
consisting of the text of H.R. 3898. That amendment in the
nature of a substitute shall be considered as read. Points of
order against that amendment in the nature of a substitute
for failure to comply with clause 7 of rule XVI are waived.
No other amendment shall be in order except those printed in
the report of the Committee on Rules accompanying this
resolution. Each amendment may be considered only in the
order specified, may be offered only by a Member designated
in the report, shall be considered as read, shall be
debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment except as specified in the
report, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole.
All points of order against amendments printed in the report
are waived. The Chairman of the Committee of the Whole may:
(1) postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment; and (2) reduce to five minutes the minimum time
for electronic voting on any postponed question that follows
another electronic vote without intervening business,
provided that the minimum time for electronic voting on the
first in any series of questions shall be fifteen minutes. At
the conclusion of consideration of the bill for amendment the
Committee shall rise and report the bill to the House with
such amendments as may have been adopted. Any Member may
demand a separate vote in the House on any amendment adopted
in the Committee of the Whole to the bill or to the amendment
in the nature of a substitute made in order as original text.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. NETHERCUTT, announced that the yeas had
it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
236
When there appeared
<3-line {>
Nays
178
para.99.15 [Roll No. 388]
YEAS--236
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--178
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Lazio
Levin
Lewis (GA)
Lincoln
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Scott
Serrano
Skaggs
Skeen
Slaughter
Spratt
Stenholm
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Brownback
Chapman
Conyers
Cox
Ford
Goss
Hayes
Hoke
Kasich
McCollum
McDade
Oberstar
Peterson (FL)
Rogers
Schumer
Skelton
Stark
Towns
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 1854]]
para.99.16 order of business--amendment modification--h.r. 123
On motion of Mr. LINDER, by unanimous consent,
Ordered, That the amendment numbered 1 printed in House Report No.
104-734 to accompany House Resolution 499 may be offered with the
following modification: at the beginning of the amendment, insert:
before ``English'' the words ``Bill Emerson''.
para.99.17 waiving points of order against conference report to
accompany h.r. 3103
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-738) the resolution (H. Res. 502) waiving points of order
against the conference report to accompany the bill (H.R. 3103) to amend
the Internal Revenue Code of 1986 to improve portability and continuity
of health insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health care
delivery, to promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify the
administration of health insurance, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.99.18 waiving points of order against conference report to
accompany h.r. 3448
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-739) the resolution (H. Res. 503) waiving points of order
against the conference report to accompany the bill (H.R. 3448) to
provide tax relief for small businesses, to protect jobs, to create
opportunities, to increase the take home pay of workers, to amend the
Portal-to-Portal Act of 1947 relating to the payment of wages to
employees who use employer owned vehicles, and to amend the Fair Labor
Standards Act of 1938 to increase the minimum wage rate and to prevent
job loss by providing flexibility to employers in complying with minimum
wage and overtime requirements under that Act.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.99.19 english as official language
The SPEAKER pro tempore, Mr. NETHERCUTT, pursuant to House Resolution
499 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 123) to amend title 4, United States Code, to declare English
as the official language of the Government of the United States.
The SPEAKER pro tempore, Mr. NETHERCUTT, by unanimous consent,
designated Mr. HANSEN as Chairman of the Committee of the Whole; and
after some time spent therein,
para.99.20 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. SERRANO:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Plus Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) English is the primary language of the United States,
and all members of the society recognize the importance of
English to national life and individual accomplishment.
(2) Many residents of the United States speak native
languages other than English, including many languages
indigenous to this country, and these linguistic resources
need to be conserved and developed.
(3) This Nation was founded on a commitment to democratic
principles, and not on racial, ethnic, or religious
homogeneity, and has drawn strength from a diversity of
languages and cultures and from a respect for individual
liberties.
(4) Multilingualism, or the ability to speak languages in
addition to English, is a tremendous resource to the United
States because such ability enhances American competitiveness
in global markets by permitting improved communication and
cross-cultural understanding between producers and suppliers,
vendors and clients, and retailers and consumers.
(5) Multilingualism improves United States diplomatic
efforts by fostering enhanced communication and greater
understanding between nations.
(6) Multilingualism has historically been an essential
element of national security, including the use of Native
American languages in the development of coded communications
during World War II, the Korean War, and the Vietnam War.
(7) Multilingualism promotes greater cross-cultural
understanding between different racial and ethnic groups in
the United States.
(8) There is no threat to the status of English in the
United States, a language that is spoken by 97 percent of
United States residents, according to the 1990 United States
Census, and there is no need to designate any official United
States language or to adopt similar restrictionist
legislation.
(9) ``English-only'' measures, or proposals to designate
English as the sole official language of the United States,
would violate traditions of cultural pluralism, divide
communities along ethnic lines, jeopardize the provision of
law enforcement, public health, education, and other vital
services to those whose English is limited, impair government
efficiency, and undercut the national interest by hindering
the development of language skills needed to enhance
international competitiveness and conduct diplomacy.
(10) Such ``English-only'' measures would represent an
unwarranted Federal regulation of self-expression, abrogate
constitutional rights to freedom of expression and equal
protection of the laws, violate international human rights
treaties to which the United States is a signatory, and
contradict the spirit of the 1923 Supreme Court case Meyer v.
Nebraska, wherein the Court declared that ``The protection of
the Constitution extends to all; to those who speak other
languages as well as to those born with English on the
tongue.''.
SEC. 3. GOVERNMENT POLICIES.
The United States Government should pursue policies that
promote English as the common language of the United States
and that--
(1) encourage all residents of this country to become fully
proficient in English by expanding educational opportunities
and informational resources;
(2) conserve and develop the Nation's linguistic resources
by encouraging all residents of this country to learn or
maintain skills in a language other then English;
(3) respect the treaties with and the customs of Native
Americans, Native Alaskans, Native Hawaiians, and other
peoples indigenous to the United States and its territories;
(4) continue to provide services in languages other than
English as needed to facilitate access to essential functions
of government, promote public health and safety, ensure due
process, promote equal educational opportunity, and protect
fundamental rights; and
(5) recognize the importance of multilingualism to vital
American interests and individual rights, and oppose
restrictionist language measures.
It was decided in the
Yeas
178
<3-line {>
negative
Nays
250
para.99.21 [Roll No. 389]
AYES--178
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Skeen
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--250
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
[[Page 1855]]
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Gingrich
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--6
Brownback
Ford
McDade
Obey
Peterson (FL)
Young (FL)
So the amendment was not agreed to.
The SPEAKER pro tempore, Mr. NEY, assumed the Chair.
When Mr. HANSEN, Chairman, pursuant to House Resolution 499, reported
the bill back to the House with an amendment adopted by the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bill Emerson English
Language Empowerment Act of 1996''.
TITLE I--ENGLISH LANGUAGE EMPOWERMENT
SEC. 101. FINDINGS.
The Congress finds and declares the following:
(1) The United States is comprised of individuals and
groups from diverse ethnic, cultural, and linguistic
backgrounds.
(2) The United States has benefited and continutes to
benefit from this rich diversity.
(3) Throughout the history of the United States, the common
thread binding individuals of differing backgrounds has been
a common language.
(4) In order to preserve unity in diversity, and to prevent
division along linguistic lines, the Federal Government
should maintain a language common to all people.
(5) English has historically been the common language and
the language of opportunity in the United States.
(6) The purpose of this title is to help immigrants better
assimilate and take full advantage of economic and
occupational opportunities in the United States.
(7) By learning the English language, immigrants will be
empowered with the language skills and literacy necessary to
become responsible citizens and productive workers in the
United States.
(8) The use of a single common language in conducting
official businesss of the Federal Government will promote
efficiency and fairness to all people.
(9) English should be recognized in law as the language of
official business of the Federal Government.
(10) Any monetary savings derived from the enactment of
this title should be used for the teaching of the English
language to non-English speaking immigrants.
SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL
GOVERNMENT.
(a) In General.--Title 4, United States Code, is amended by
adding at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT
``Sec.
``161. Declaration of official language of Federal Government
``162. Preserving and enhancing the role of the official language
``163. Official Federal Government activities in English
``164. Standing
``165. Reform of naturalization requirements
``166. Application
``167. Rule of construction
``168. Affirmation of constitutional protections
``169. Definitions
``Sec. 161. Declaration of official language of Federal
Government
``The official language of the Federal Government is
English.
``Sec. 162. Preserving and enhancing the role of the official
language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of
English as the official language of the Federal Government.
Such obligation shall include encouraging greater
opportunities for individuals to learn the English language.
``Sec. 163. Official Federal Government activities in English
``(a) Conduct of Business.--Representatives of the Federal
Government shall conduct its official business in English.
``(b) Denial of Services.--No person shall be denied
services, assistance, or facilities, directly or indirectly
provided by the Federal Government solely because the person
communicates in English.
``(c) Entitlement.--Every person in the United States is
entitled--
``(1) to communicate with representatives of the Federal
Government in English;
``(2) to receive information from or contribute information
to the Federal Government in English; and
``(3) to be informed of or be subject to official orders in
English.
``Sec. 164. Standing
``A person injured by a violation of this chapter may in a
civil action (including an action under chapter 151 of title
28) obtain appropriate relief.
``Sec. 165. Reform of naturalization requirements
``(a) Fluency.--It has been the longstanding national
belief that full citizenship in the United States requires
fluency in English. English is the language of opportunity
for all immigrants to take their rightful place in society in
the United States.
``(b) Ceremonies.--All authorized officials shall conduct
all naturalization ceremonies entirely in English.
``Sec. 166. Application
``Except as otherwise provided in this chapter, the
provisions of this chapter shall supersede any existing
Federal law that contravenes such provisions (such as by
requiring the use of a language other than English for
official business of the Federal Government).
``Sec. 167. Rule of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or an employee or
official of the Federal Government, while performing official
business, from communicating orally with another person in a
language other than English;
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act);
``(3) to discriminate against or restrict the rights of any
individual in the country; and
``(4) to discourage or prevent the use of languages other
than English in any nonofficial capacity.
``Sec. 168. Affirmation of constitutional protections
``Nothing in this chapter shall be construed to be
inconsistent with the Constitution of the United States.
``Sec. 169. Definitions
``For purposes of this chapter:
``(1) Federal government.--The term `Federal Government'
means all branches of the national Government and all
employees and officials of the national Government while
performing official business.
``(2) Official business.--The term `official business'
means governmental actions, documents, or policies which are
enforceable with the full weight and authority of the Federal
Government, and includes publications, income tax forms, and
informational materials, but does not include--
``(A) teaching of languages;
``(B) requirements under the Individuals with Disabilities
Education Act;
``(C) actions, documents, or policies necessary for--
``(i) national security issues; or
``(ii) international relations, trade, or commerce;
``(D) actions or documents that protect the public health
and safety;
``(E) actions or documents that facilitate the activities
of the Bureau of the Census in compiling any census of
population;
[[Page 1856]]
``(F) actions, documents, or policies that are not
enforceable in the United States;
``(G) actions that protect the rights of victims of crimes
or criminal defendants;
``(H) actions in which the United States has initiated a
civil lawsuit; or
``(I) using terms of art or phrases from languages other
than English.
``(3) United states.--The term `United States' means the
several States and the District of Columbia.''.
(b) Conforming Amendment.--The table of chapters for title
4, United States Code, is amended by adding at the end the
following new item:
``6. Language of the Federal Government......................161''.....
SEC. 103. PREEMPTION.
This title (and the amendments made by this title) shall
not preempt any law of any State.
SEC. 104. EFFECTIVE DATE.
The amendments made by section 102 shall take effect on the
date that is 180 days after the date of enactment of this
Act.
TITLE II--REPEAL OF BILINGUAL VOTING REQUIREMENTS
SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS
(a) Bilingual Election Requirements.--Section 203 of the
Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(b) Voting Rights.--Section 4 of the Voting Rights Act of
1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
SEC. 202. CONFORMING AMENDMENTS.
(a) References to Section 203.--The Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) is amended--
(1) in section 204, by striking ``or 203,''; and
(2) in section 205, by striking ``, 202, or 203'' and
inserting ``or 202''.
(b) References to Section 4.--The Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.) is amended--
(1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13,
by striking ``, or in contravention of the guarantees set
forth in section 4(f)(2)'';
(2) in paragraphs (1)(A) and (3) of section 4(a), by
striking ``or (in the case of a State or subdivision seeking
a declaratory judgment under the second sentence of this
subsection) in contravention of the guarantees of subsection
(f)(2)'';
(3) in paragraph (1)(B) of section 4(a), by striking ``or
(in the case of a State or subdivision seeking a declaratory
judgment under the second sentence of this subsection) that
denials or abridgements of the right to vote in contravention
of the guarantees of subsection (f)(2) have occurred anywhere
in the territory of such State or subdivision''; and
(4) in paragraph (5) of section 4(a), by striking ``or (in
the case of a State or subdivision which sought a declaratory
judgment under the second sentence of this subsection) that
denials or abridgements of the right to vote in contravention
of the guarantees of subsection (f)(2) have occurred anywhere
in the territory of such State or subdivision''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
Mr. SERRANO moved to recommit the bill to the Committee on Economic
and Educational Opportunities with instructions to report the bill back
to the House forthwith with the following amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Plus Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) English is the language of the United States, and all
members of the society recognize the importance of English to
national life and individual accomplishment.
(2) Many residents of the United States speak native
languages other than English, including many languages
indigenous to this country, and these linguistic resources
need to be conserved and developed.
(3) This Nation was founded on a commitment to democratic
principles, and not on racial, ethnic, or religious
homogeneity, and has drawn strength from a diversity of
languages and cultures and from a respect for individual
liberties.
(4) Multilingualism, or the ability to speak languages in
addition to English, is a tremendous resource to the United
States because such ability enhances American competitiveness
in global markets by permitting improved communication and
cross-cultural understanding between producers and suppliers,
vendors and clients, and retailers and consumers.
(5) Multilingualism improves United States diplomatic
efforts by fostering enhanced communication and greater
understanding between nations.
(6) Multilingualism has historically been an essential
element of national security, including the use of Native
American languages in the development of coded communications
during World War II, the Korean War, and the Vietnam War.
(7) Multilingualism promotes greater cross-cultural
understanding between different racial and ethnic groups in
the United States.
(8) There is no threat to the status of English in the
United States, a language that is spoken by 97 percent of
United States residents, according to the 1990 United States
Census.
(9) ``English-only'' measures would violate traditions of
cultural pluralism, divide communities along ethnic lines,
jeopardize the provision of law enforcement, public health,
education, and other vital services to those whose English is
limited, impair government efficiency, and undercut the
national interest by hindering the development of language
skills needed to enhance international competitiveness and
conduct diplomacy.
(10) Such ``English-only'' measures would represent an
unwarranted Federal regulation of self-expression, abrogate
constitutional rights to freedom of expression and equal
protection of the laws, violate international human rights
treaties to which the United States is a signatory, and
contradict the spirit of the 1923 Supreme Court case Meyer v.
Nebraska, wherein the Court declared that ``The protection of
the Constitution extends to all; to those who speak other
languages as well as to those born with English on the
tongue.''.
SEC. 3. GOVERNMENT POLICIES
The United States Government should pursue policies that
promote English as the language of the United States and
that--
(1 encourage all residents of this country to become fully
proficient in English by expanding educational opportunities
and informational resources;
(2) conserve and develop the Nation's linguistic resources
by encouraging all residents of this country to learn or
maintain skills in a language other then English;
(3) respect the languages of Native Americans, Native
Alaskans, Native Hawaiians, and other peoples indigenous to
the United States and its territories;
(4) continue to provide services in languages other than
English as needed to facilitate access to essential functions
of government, promote public health and safety, ensure due
process, promote equal educational opportunity, and protect
fundamental rights;
(5) recognize the importance of multilingualism to vital
American interests and individual rights, and oppose
restrictionist language measures; and
(6) require Presidential campaigns and Federal Elections be
conducted in English.
After debate,
By unanimous consent, the previous question was ordered on the motion
to recommit with instructions.
The question being put, viva voce,
Will the House recommit said bill with instructions?
The SPEAKER pro tempore, Mr. NEY, announced that the nays had it.
Mr. SERRANO demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
171
<3-line {>
negative
Nays
257
para.99.22 [Roll No. 390]
AYES--171
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOES--257
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
[[Page 1857]]
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thornton
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--5
Brownback
Ford
McDade
Peterson (FL)
Young (FL)
So the motion to recommit with instructions was not agreed to.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. NEY, announced that the nays had it.
Mr. CUNNINGHAM demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
259
<3-line {>
affirmative
Nays
169
para.99.23 [Roll No. 391]
AYES--259
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bono
Brewster
Browder
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOES--169
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Bonilla
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Ensign
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Skeen
Slaughter
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--5
Brownback
Ford
McDade
Peterson (FL)
Young (FL)
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.99.24 federal employee representation improvement
On motion of Mr. CANADY, by unanimous consent, the bill (H.R. 782) to
amend title 18 of the United States Code to allow members of employee
associations to represent their views before the United States
Government; together with the following amendment of the Senate thereto,
was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee
Representation Improvement Act of 1996''.
SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EMPLOYEES.
(a) Extension of Exemption to Prohibition.--Subsection (d)
of section 205 of title 18, United States Code, is amended to
read as follows:
[[Page 1858]]
``(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer's or employee's duties, from
acting without compensation as agent or attorney for, or
otherwise representing--
``(A) any person who is the subject of disciplinary,
loyalty, or personnel administration proceedings in
connection with those proceedings; or
``(B) except as provided in paragraph (2), any cooperative,
voluntary, professional, recreational, or similar
organization or group not established or operated for profit,
if a majority of the organization's or groups's members are
current officers or employees of the United States or of the
District of Columbia, or their spouses or dependent children.
``(2) Paragraph (1)(B) does not apply with respect to a
covered matter that--
``(A) is a claim under subsection (a)(1) or (b)(1);
``(B) is a judicial or administrative proceeding where the
organization or group is a party; or
``(C) involves a grant, contract, or other agreement
(including a request for any such grant, contract, or
agreement) providing for the disbursement of Federal funds to
the organization or group.''.
(b) Application to Labor-Management Relations.--Section 205
of title 18, United States Code is amended by adding at the
end the following:
``(i) Nothing in this section prevents an employee from
acting pursuant to--
``(1) chapter 71 of title 5;
``(2) section 1004 or Chapter 12 of title 39;
``(3) section 3 of the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831b);
``(4) chapter 10 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4104 et seq.); or
``(5) any provision of any other Federal or District of
Columbia law that authorizes labor-management relations
between an agency or instrumentality of the United States or
the District of Columbia and any labor organization that
represents its employees.''.
On motion of Mr. CANADY, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.99.25 j. phil campbell conservation center
Mr. ALLARD, by unanimous consent, called up the bill (H.R. 3387) to
designate the Southern Piedmont Conservation Research Center located at
1420 Experimental Station Road in Watkinsville, Georgia, as the ``J.
Phil Campbell Senior Natural Resource Conservation Center''.
When said bill was considered and read twice.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.99.26 release of reversionary interest in michigan property
On motion of Mr. ALLARD, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 2670) to provide for the release of the
reversionary interest held by the United States in certain property
located in the county of Iosco, Michigan.
When said bill was considered and read twice.
The following amendment in the nature of a substitute, recommended by
the Committee on Agriculture, was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. RELEASE OF REVERSIONARY INTEREST REGARDING CERTAIN
PROPERTY IN IOSCO COUNTY, MICHIGAN.
(a) Release Required.--The Secretary of Agriculture shall
release the reversionary interest of the United States in the
parcel of real property described in subsection (b), which
was retained by the United States when the property was
conveyed to the County of Iosco, Michigan, in 1960 pursuant
to a deed recorded at Liber 144, beginning page 58, in the
lands records of the County.
(b) Description of Property.--The parcel of real property
referred to in subsection (a) consists of 1.92 acres in the
County of Iosco, Michigan, and is described as follows:
That part of the N.W. \1/4\ of the S.E. \1/4\ of Section
11, T.22 N.R. 8 East., Baldwin Township, Iosco County,
Michigan described as follows: Commencing at the Center of
said Section 11, thence South 89 degrees, 15' 41'' East,
along the East-West \1/4\ Line of said Section 11, 102.0
feet, thence South 00 degrees 08' 07'' East, along an
existing fence line, 972.56 feet, thence North 89 degrees 07'
13'' W. 69.70 feet to a point in the North-South \1/4\ Line,
thence North 02 degrees 02' 12'' West, along said North-South
\1/4\ Line, 973.42 feet to the Point of Beginning.
(c) Additional Terms.--The Secretary may require such terms
or conditions in connection with the release under this
section as the Secretary considers appropriate to protect the
interests of the United States.
(d) Instrument of Release.--The Secretary shall execute and
file in the appropriate office of offices a deed of release,
amended deed, or other appropriate instrument effectuating
the release of the reversionary interest under this section.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.99.27 boundary adjustment in missouri
On motion of Mr. ALLARD, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 3464) to make a minor adjustment in the
exterior boundary of the Devils Backbone Wilderness in the Mark Twain
National Forest, Missouri, to exclude a small parcel of land containing
improvements.
When said bill was considered and read twice.
The following amendment in the nature of a substitute, recommended by
the Committee on Agriculture, was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. BOUNDARY ADJUSTMENT, DEVILS BACKBONE WILDERNESS,
MARK TWAIN NATIONAL FOREST, MISSOURI.
The boundary of the Devils Backbone Wilderness established
by section 201(d) of Public Law 96-560 (16 U.S.C. 1132 note)
in the Mark Twain National Forest, Missouri, is hereby
modified to exclude from the area encompassed by the Devils
Backbone Wilderness a parcel of real property consisting of
approximately two acres in Ozark County, Missouri, and
containing a garage, well, mailbox, driveway, and other
improvements, as depicted on a map entitled ``Devils Backbone
Wilderness Boundary Modification'', dated June 1996. The map
shall be retained with other Forest Service maps and legal
descriptions regarding the Devils Backbone Wilderness and
shall be made available for public inspection as provided in
section 202 of Public Law 96-560 (94 Stat. 3274).
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.99.28 waiving a requirement of clause 4(b) with repect to a
certain resolution
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 500):
Resolved, That the requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to a resolution reported before August 2,
1996, providing for consideration or disposition of a
conference report to accompany the bill (H.R. 3103) to amend
the Internal Revenue Code of 1986 to improve portability and
continuity of health insurance coverage in the group and
individual markets, to combat waste, fraud, and abuse in
health insurance and health care delivery, to promote the use
of medical savings accounts, to improve access to long-term
services and coverage, to simplify the administration of
health insurance, and for other purposes.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.99.29 waiving points of order against the conference report to
accompany h.r. 3103
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 502):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3103) to amend the Internal Revenue Code of 1986
to improve portability and continuity of health insurance
coverage in the group and individual markets, to combat
waste, fraud, and abuse in health insurance and health care
delivery, to promote the use
[[Page 1859]]
of medical savings accounts, to improve access to long-term
care services and coverage, to simplify the administration of
health insurance, and for other purposes. All points of order
against the conference report and against its consideration
are waived. The conference report shall be considered as
read.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.99.30 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with amendments, in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3675. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.
The message also announced that the Senate insists upon its amendments
to the bill (H.R. 3675) ``An Act making appropriations for the
Department of Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes,'' requests a
conference with the House on the disagreeing votes of the two Houses
thereon, and appoints Mr. Hatfield, Mr. Domenici, Mr. Specter, Mr. Bond,
Mr. Gorton, Mr. Shelby, Mr. Lautenberg, Mr. Byrd, Mr. Harkin, Ms.
Mikulski, and Mr. Reid, to be the conferees on the part of the Senate.
The message also announced that the Senate agrees to the report of the
Committee on Conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 3603) ``An Act making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year ending
September 30, 1997, and for other purposes.''.
para.99.31 submission of conference report--h.r. 3845
Mr. BONILLA submitted a conference report (Rept. No. 104-740) on the
bill (H.R. 3845) making appropriations for the government of the
District of Columbia and other activities chargeable in whole are in
part against revenues of said District for the fiscal year ending
September 30, 1997, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.99.32 health care reform
Mr. ARCHER, pursuant to House Resolution 502, called up the following
conference report (Rept. No. 104-736):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3103), to amend the Internal Revenue Code of 1986 to improve
portability and continuity of health insurance coverage in
the group and individual markets, to combat waste, fraud, and
abuse in health insurance and health care delivery, to
promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify
the administration of health insurance, and for other
purposes, having met, after full and free conference, and
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health
Insurance Portability and Accountability Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY
Subtitle A--Group Market Rules
Part 1--Portability, Access, and Renewability Requirements
Sec. 101. Through the Employee Retirement Income Security Act of 1974.
``Part 7--Group Health Plan Portability, Access, and Renewability
Requirements
``Sec. 701. Increased portability through limitation on preexisting
condition exclusions.
``Sec. 702. Prohibiting discrimination against individual participants
and beneficiaries based on health status.
``Sec. 703. Guaranteed renewability in multiemployer plans and multiple
employer welfare arrangements.
``Sec. 704. Preemption; State flexibility; construction.
``Sec. 705. Special rules relating to group health plans.
``Sec. 706. Definitions.
``Sec. 707. Regulations.
Sec. 102. Through the Public Health Service Act.
``TITLE XXVII--ASSURING PORTABILITY, AVAILABILITY, AND RENEWABILITY OF
HEALTH INSURANCE COVERAGE
``Part A--Group Market Reforms
``Subpart 1--Portability, Access, and Renewability Requirements
``Sec. 2701. Increased portability through limitation on preexisting
condition exclusions.
``Sec. 2702. Prohibiting discrimination against individual participants
and beneficiaries based on health status.
``Subpart 2--Provisions Applicable Only to Health Insurance Issuers
``Sec. 2711. Guaranteed availability of coverage for employers in the
group market.
``Sec. 2712. Guaranteed renewability of coverage for employers in the
group market.
``Sec. 2713. Disclosure of information.
``Subpart 3--Exclusion of Plans; Enforcement; Preemption
``Sec. 2721. Exclusion of certain plans.
``Sec. 2722. Enforcement.
``Sec. 2723. Preemption; State flexibility; construction.
``Part C--Definitions; Miscellaneous Provisions
``Sec. 2791. Definitions.
``Sec. 2792. Regulations.
Sec. 103. Reference to implementation through the Internal Revenue Code
of 1986.
Sec. 104. Assuring coordination.
Subtitle B--Individual Market Rules
Sec. 111. Amendment to Public Health Service Act.
``Part B--Individual Market Rules
``Sec. 2741. Guaranteed availability of individual health insurance
coverage to certain individuals with prior group
coverage.
``Sec. 2742. Guaranteed renewability of individual health insurance
coverage.
``Sec. 2743. Certification of coverage.
``Sec. 2744. State flexibility in individual market reforms.
``Sec. 2745. Enforcement.
``Sec. 2746. Preemption.
``Sec. 2747. General exceptions.
Subtitle C--General and Miscellaneous Provisions
Sec. 191. Health coverage availability studies.
Sec. 192. Report on medicare reimbursement of telemedicine.
Sec. 193. Allowing Federally-qualified HMOs to offer high deductible
plans.
Sec. 194. Volunteer services provided by health professionals at free
clinics.
Sec. 195. Findings; severability.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE
SIMPLIFICATION; MEDICAL LIABILITY REFORM
Sec. 200. References in title.
Subtitle A--Fraud and Abuse Control Program
Sec. 201. Fraud and abuse control program.
Sec. 202. Medicare integrity program.
Sec. 203. Beneficiary incentive programs.
Sec. 204. Application of certain health anti-fraud and abuse sanctions
to fraud and abuse against Federal health care programs.
Sec. 205. Guidance regarding application of health care fraud and abuse
sanctions.
Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
Sec. 211. Mandatory exclusion from participation in medicare and State
health care programs.
Sec. 212. Establishment of minimum period of exclusion for certain
individuals and entities subject to permissive exclusion
from medicare and State health care programs.
Sec. 213. Permissive exclusion of individuals with ownership or control
interest in sanctioned entities.
Sec. 214. Sanctions against practitioners and persons for failure to
comply with statutory obligations.
Sec. 215. Intermediate sanctions for medicare health maintenance
organizations.
Sec. 216. Additional exception to anti-kickback penalties for risk-
sharing arrangements.
Sec. 217. Criminal penalty for fraudulent disposition of assets in
order to obtain medicaid benefits.
Sec. 218. Effective date.
Subtitle C--Data Collection
Sec. 221. Establishment of the health care fraud and abuse data
collection program.
Subtitle D--Civil Monetary Penalties
Sec. 231. Social security act civil monetary penalties.
[[Page 1860]]
Sec. 232. Penalty for false certification for home health services.
Subtitle E--Revisions to Criminal Law
Sec. 241. Definitions relating to Federal health care offense.
Sec. 242. Health care fraud.
Sec. 243. Theft or embezzlement.
Sec. 244. False Statements.
Sec. 245. Obstruction of criminal investigations of health care
offenses.
Sec. 246. Laundering of monetary instruments.
Sec. 247. Injunctive relief relating to health care offenses.
Sec. 248. Authorized investigative demand procedures.
Sec. 249. Forfeitures for Federal health care offenses.
Sec. 250. Relation to ERISA authority.
Subtitle F--Administrative Simplification
Sec. 261. Purpose.
Sec. 262. Administrative simplification.
``Part C--Administrative Simplification
``Sec. 1171. Definitions.
``Sec. 1172. General requirements for adoption of standards.
``Sec. 1173. Standards for information transactions and data elements.
``Sec. 1174. Timetables for adoption of standards.
``Sec. 1175. requirements.
``Sec. 1176. General penalty for failure to comply with requirements
and standards.
``Sec. 1177. Wrongful disclosure of individually identifiable health
information.
``Sec. 1178. Effect on State law.
``Sec. 1179. Processing payment transactions.
Sec. 263. Changes in membership and duties of National Committee on
Vital and Health Statistics.
Sec. 264. Recommendations with respect to privacy of certain health
information.
Subtitle G--Duplication and Coordination of Medicare-Related Plans
Sec. 271. Duplication and coordination of medicare-related plans.
Subtitle H--Patent Extension
Sec. 281. Patent extension.
TITLE III--TAX-RELATED HEALTH PROVISIONS
Sec. 300. Amendment of 1986 Code.
Subtitle A--Medical Savings Accounts
Sec. 301. Medical savings accounts.
Subtitle B--Increase in Deduction for Health Insurance Costs of Self-
Employed Individuals
Sec. 311. Increase in deduction for health insurance costs of self-
employed individuals.
Subtitle C--Long-Term Care Services and Contracts
Part I--General Provisions
Sec. 321. Treatment of long-term care insurance.
Sec. 322. Qualified long-term care services treated as medical care.
Sec. 323. Reporting requirements.
Part II--Consumer Protection Provisions
Sec. 325. Policy requirements.
Sec. 326. Requirements for issuers of qualified long-term care
insurance contracts.
Sec. 327. Effective dates.
Subtitle D--Treatment of Accelerated Death Benefits
Sec. 331. Treatment of accelerated death benefits by recipient.
Sec. 332. Tax treatment of companies issuing qualified accelerated
death benefit riders.
Subtitle E--State Insurance Pools
Sec. 341. Exemption from income tax for State-sponsored organizations
providing health coverage for high-risk individuals.
Sec. 342. Exemption from income tax for State-sponsored workmen's
compensation reinsurance organizations.
Subtitle F--Organizations Subject to Section 833
Sec. 351. Organizations subject to section 833.
Subtitle G--IRA Distributions to the Unemployed
Sec. 361. Distributions from certain plans may be used without
additional tax to pay financially devastating medical
expenses.
Subtitle H--Organ and Tissue Donation Information Included With Income
Tax Refund Payments
Sec. 371. Organ and tissue donation information included with income
tax refund payments.
TITLE IV--APPLICATION AND ENFORCEMENT OF GROUP HEALTH PLAN REQUIREMENTS
Subtitle A--Application and Enforcement of Group Health Plan
Requirements
Sec. 401. Group health plan portability, access, and renewability
requirements.
Sec. 402. Penalty on failure to meet certain group health plan
requirements.
Subtitle B--Clarification of Certain Continuation Coverage Requirements
Sec. 421. COBRA clarifications.
TITLE V--REVENUE OFFSETS
Sec. 500. Amendment of 1986 Code.
Subtitle A--Company-Owned Life Insurance
Sec. 501. Denial of deduction for interest on loans with respect to
company-owned life insurance.
Subtitle B--Treatment of Individuals Who Lose United States Citizenship
Sec. 511. Revision of income, estate, and gift taxes on individuals who
lose United States citizenship.
Sec. 512. Information on individuals losing United States citizenship.
Sec. 513. Report on tax compliance by United States citizens and
residents living abroad.
Subtitle C--Repeal of Financial Institution Transition Rule to Interest
Allocation Rules
Sec. 521. Repeal of financial institution transition rule to interest
allocation rules.
TITLE I--HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY
Subtitle A--Group Market Rules
Part 1--Portability, Access, and Renewability Requirements
SEC. 101. THROUGH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974.
(a) In General.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended by adding
at the end the following new part:
``Part 7--Group Health Plan Portability, Access, and Renewability
Requirements
``SEC. 701. INCREASED PORTABILITY THROUGH LIMITATION ON
PREEXISTING CONDITION EXCLUSIONS.
``(a) Limitation on Preexisting Condition Exclusion Period;
Crediting for Periods of Previous Coverage.--Subject to
subsection (d), a group health plan, and a health insurance
issuer offering group health insurance coverage, may, with
respect to a participant or beneficiary, impose a preexisting
condition exclusion only if--
``(1) such exclusion relates to a condition (whether
physical or mental), regardless of the cause of the
condition, for which medical advice, diagnosis, care, or
treatment was recommended or received within the 6-month
period ending on the enrollment date;
``(2) such exclusion extends for a period of not more than
12 months (or 18 months in the case of a late enrollee) after
the enrollment date; and
``(3) the period of any such preexisting condition
exclusion is reduced by the aggregate of the periods of
creditable coverage (if any, as defined in subsection (c)(1))
applicable to the participant or beneficiary as of the
enrollment date.
``(b) Definitions.--For purposes of this part--
``(1) Preexisting condition exclusion.--
``(A) In general.--The term `preexisting condition
exclusion' means, with respect to coverage, a limitation or
exclusion of benefits relating to a condition based on the
fact that the condition was present before the date of
enrollment for such coverage, whether or not any medical
advice, diagnosis, care, or treatment was recommended or
received before such date.
``(B) Treatment of genetic information.--Genetic
information shall not be treated as a condition described in
subsection (a)(1) in the absence of a diagnosis of the
condition related to such information.
``(2) Enrollment date.--The term `enrollment date' means,
with respect to an individual covered under a group health
plan or health insurance coverage, the date of enrollment of
the individual in the plan or coverage or, if earlier, the
first day of the waiting period for such enrollment.
``(3) Late enrollee.--The term `late enrollee' means, with
respect to coverage under a group health plan, a participant
or beneficiary who enrolls under the plan other than during--
``(A) the first period in which the individual is eligible
to enroll under the plan, or
``(B) a special enrollment period under subsection (f).
``(4) Waiting period.--The term `waiting period' means,
with respect to a group health plan and an individual who is
a potential participant or beneficiary in the plan, the
period that must pass with respect to the individual before
the individual is eligible to be covered for benefits under
the terms of the plan.
``(c) Rules Relating to Crediting Previous Coverage.--
``(1) Creditable coverage defined.--For purposes of this
part, the term `creditable coverage' means, with respect to
an individual, coverage of the individual under any of the
following:
``(A) A group health plan.
``(B) Health insurance coverage.
``(C) Part A or part B of title XVIII of the Social
Security Act.
``(D) Title XIX of the Social Security Act, other than
coverage consisting solely of benefits under section 1928.
``(E) Chapter 55 of title 10, United States Code.
``(F) A medical care program of the Indian Health Service
or of a tribal organization.
``(G) A State health benefits risk pool.
``(H) A health plan offered under chapter 89 of title 5,
United States Code.
``(I) A public health plan (as defined in regulations).
``(J) A health benefit plan under section 5(e) of the Peace
Corps Act (22 U.S.C. 2504(e)).
Such term does not include coverage consisting solely of
coverage of excepted benefits (as defined in section 706(c)).
[[Page 1861]]
``(2) Not counting periods before significant breaks in
coverage.--
``(A) In general.--A period of creditable coverage shall
not be counted, with respect to enrollment of an individual
under a group health plan, if, after such period and before
the enrollment date, there was a 63-day period during all of
which the individual was not covered under any creditable
coverage.
``(B) Waiting period not treated as a break in coverage.--
For purposes of subparagraph (A) and subsection (d)(4), any
period that an individual is in a waiting period for any
coverage under a group health plan (or for group health
insurance coverage) or is in an affiliation period (as
defined in subsection (g)(2)) shall not be taken into account
in determining the continuous period under subparagraph (A).
``(3) Method of crediting coverage.--
``(A) Standard method.--Except as otherwise provided under
subparagraph (B), for purposes of applying subsection (a)(3),
a group health plan, and a health insurance issuer offering
group health insurance coverage, shall count a period of
creditable coverage without regard to the specific benefits
covered during the period.
``(B) Election of alternative method.--A group health plan,
or a health insurance issuer offering group health insurance
coverage, may elect to apply subsection (a)(3) based on
coverage of benefits within each of several classes or
categories of benefits specified in regulations rather than
as provided under subparagraph (A). Such election shall be
made on a uniform basis for all participants and
beneficiaries. Under such election a group health plan or
issuer shall count a period of creditable coverage with
respect to any class or category of benefits if any level of
benefits is covered within such class or category.
``(C) Plan notice.--In the case of an election with respect
to a group health plan under subparagraph (B) (whether or not
health insurance coverage is provided in connection with such
plan), the plan shall--
``(i) prominently state in any disclosure statements
concerning the plan, and state to each enrollee at the time
of enrollment under the plan, that the plan has made such
election, and
``(ii) include in such statements a description of the
effect of this election.
``(4) Establishment of period.--Periods of creditable
coverage with respect to an individual shall be established
through presentation of certifications described in
subsection (e) or in such other manner as may be specified in
regulations.
``(d) Exceptions.--
``(1) Exclusion not applicable to certain newborns.--
Subject to paragraph (4), a group health plan, and a health
insurance issuer offering group health insurance coverage,
may not impose any preexisting condition exclusion in the
case of an individual who, as of the last day of the 30-day
period beginning with the date of birth, is covered under
creditable coverage.
``(2) Exclusion not applicable to certain adopted
children.--Subject to paragraph (4), a group health plan, and
a health insurance issuer offering group health insurance
coverage, may not impose any preexisting condition exclusion
in the case of a child who is adopted or placed for adoption
before attaining 18 years of age and who, as of the last day
of the 30-day period beginning on the date of the adoption or
placement for adoption, is covered under creditable coverage.
The previous sentence shall not apply to coverage before the
date of such adoption or placement for adoption.
``(3) Exclusion not applicable to pregnancy.--A group
health plan, and health insurance issuer offering group
health insurance coverage, may not impose any preexisting
condition exclusion relating to pregnancy as a preexisting
condition.
``(4) Loss if break in coverage.--Paragraphs (1) and (2)
shall no longer apply to an individual after the end of the
first 63-day period during all of which the individual was
not covered under any creditable coverage.
``(e) Certifications and Disclosure of Coverage.--
``(1) Requirement for certification of period of creditable
coverage.--
``(A) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide the certification described in subparagraph
(B)--
``(i) at the time an individual ceases to be covered under
the plan or otherwise becomes covered under a COBRA
continuation provision,
``(ii) in the case of an individual becoming covered under
such a provision, at the time the individual ceases to be
covered under such provision, and
``(iii) on the request on behalf of an individual made not
later than 24 months after the date of cessation of the
coverage described in clause (i) or (ii), whichever is later.
The certification under clause (i) may be provided, to the
extent practicable, at a time consistent with notices
required under any applicable COBRA continuation provision.
``(B) Certification.--The certification described in this
subparagraph is a written certification of--
``(i) the period of creditable coverage of the individual
under such plan and the coverage (if any) under such COBRA
continuation provision, and
``(ii) the waiting period (if any) (and affiliation period,
if applicable) imposed with respect to the individual for any
coverage under such plan.
``(C) Issuer compliance.--To the extent that medical care
under a group health plan consists of group health insurance
coverage, the plan is deemed to have satisfied the
certification requirement under this paragraph if the health
insurance issuer offering the coverage provides for such
certification in accordance with this paragraph.
``(2) Disclosure of information on previous benefits.--In
the case of an election described in subsection (c)(3)(B) by
a group health plan or health insurance issuer, if the plan
or issuer enrolls an individual for coverage under the plan
and the individual provides a certification of coverage of
the individual under paragraph (1)--
``(A) upon request of such plan or issuer, the entity which
issued the certification provided by the individual shall
promptly disclose to such requesting plan or issuer
information on coverage of classes and categories of health
benefits available under such entity's plan or coverage, and
``(B) such entity may charge the requesting plan or issuer
for the reasonable cost of disclosing such information.
``(3) Regulations.--The Secretary shall establish rules to
prevent an entity's failure to provide information under
paragraph (1) or (2) with respect to previous coverage of an
individual from adversely affecting any subsequent coverage
of the individual under another group health plan or health
insurance coverage.
``(f) Special Enrollment Periods.--
``(1) Individuals losing other coverage.--A group health
plan, and a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
shall permit an employee who is eligible, but not enrolled,
for coverage under the terms of the plan (or a dependent of
such an employee if the dependent is eligible, but not
enrolled, for coverage under such terms) to enroll for
coverage under the terms of the plan if each of the following
conditions is met:
``(A) The employee or dependent was covered under a group
health plan or had health insurance coverage at the time
coverage was previously offered to the employee or dependent.
``(B) The employee stated in writing at such time that
coverage under a group health plan or health insurance
coverage was the reason for declining enrollment, but only if
the plan sponsor or issuer (if applicable) required such a
statement at such time and provided the employee with notice
of such requirement (and the consequences of such
requirement) at such time.
``(C) The employee's or dependent's coverage described in
subparagraph (A)--
``(i) was under a COBRA continuation provision and the
coverage under such provision was exhausted; or
``(ii) was not under such a provision and either the
coverage was terminated as a result of loss of eligibility
for the coverage (including as a result of legal separation,
divorce, death, termination of employment, or reduction in
the number of hours of employment) or employer contributions
towards such coverage were terminated.
``(D) Under the terms of the plan, the employee requests
such enrollment not later than 30 days after the date of
exhaustion of coverage described in subparagraph (C)(i) or
termination of coverage or employer contribution described in
subparagraph (C)(ii).
``(2) For dependent beneficiaries.--
``(A) In general.--If--
``(i) a group health plan makes coverage available with
respect to a dependent of an individual,
``(ii) the individual is a participant under the plan (or
has met any waiting period applicable to becoming a
participant under the plan and is eligible to be enrolled
under the plan but for a failure to enroll during a previous
enrollment period), and
``(iii) a person becomes such a dependent of the individual
through marriage, birth, or adoption or placement for
adoption,
the group health plan shall provide for a dependent special
enrollment period described in subparagraph (B) during which
the person (or, if not otherwise enrolled, the individual)
may be enrolled under the plan as a dependent of the
individual, and in the case of the birth or adoption of a
child, the spouse of the individual may be enrolled as a
dependent of the individual if such spouse is otherwise
eligible for coverage.
``(B) Dependent special enrollment period.--A dependent
special enrollment period under this subparagraph shall be a
period of not less than 30 days and shall begin on the later
of--
``(i) the date dependent coverage is made available, or
``(ii) the date of the marriage, birth, or adoption or
placement for adoption (as the case may be) described in
subparagraph (A)(iii).
``(C) No waiting period.--If an individual seeks to enroll
a dependent during the first 30 days of such a dependent
special enrollment period, the coverage of the dependent
shall become effective--
``(i) in the case of marriage, not later than the first day
of the first month beginning after the date the completed
request for enrollment is received;
``(ii) in the case of a dependent's birth, as of the date
of such birth; or
``(iii) in the case of a dependent's adoption or placement
for adoption, the date of such adoption or placement for
adoption.
``(g) Use of Affiliation Period by HMOs as Alternative to
Preexisting Condition Exclusion.--
``(1) In general.--In the case of a group health plan that
offers medical care through
[[Page 1862]]
health insurance coverage offered by a health maintenance
organization, the plan may provide for an affiliation period
with respect to coverage through the organization only if--
``(A) no preexisting condition exclusion is imposed with
respect to coverage through the organization,
``(B) the period is applied uniformly without regard to any
health status-related factors, and
``(C) such period does not exceed 2 months (or 3 months in
the case of a late enrollee).
``(2) Affiliation period.--
``(A) Defined.--For purposes of this part, the term
`affiliation period' means a period which, under the terms of
the health insurance coverage offered by the health
maintenance organization, must expire before the health
insurance coverage becomes effective. The organization is not
required to provide health care services or benefits during
such period and no premium shall be charged to the
participant or beneficiary for any coverage during the
period.
``(B) Beginning.--Such period shall begin on the enrollment
date.
``(C) Runs concurrently with waiting periods.--An
affiliation period under a plan shall run concurrently with
any waiting period under the plan.
``(3) Alternative methods.--A health maintenance
organization described in paragraph (1) may use alternative
methods, from those described in such paragraph, to address
adverse selection as approved by the State insurance
commissioner or official or officials designated by the State
to enforce the requirements of part A of title XXVII of the
Public Health Service Act for the State involved with respect
to such issuer.
``SEC. 702. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL
PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH
STATUS.
``(a) In Eligibility to Enroll.--
``(1) In general.--Subject to paragraph (2), a group health
plan, and a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
may not establish rules for eligibility (including continued
eligibility) of any individual to enroll under the terms of
the plan based on any of the following health status-related
factors in relation to the individual or a dependent of the
individual:
``(A) Health status.
``(B) Medical condition (including both physical and mental
illnesses).
``(C) Claims experience.
``(D) Receipt of health care.
``(E) Medical history.
``(F) Genetic information.
``(G) Evidence of insurability (including conditions
arising out of acts of domestic violence).
``(H) Disability.
``(2) No application to benefits or exclusions.--To the
extent consistent with section 701, paragraph (1) shall not
be construed--
``(A) to require a group health plan, or group health
insurance coverage, to provide particular benefits other than
those provided under the terms of such plan or coverage, or
``(B) to prevent such a plan or coverage from establishing
limitations or restrictions on the amount, level, extent, or
nature of the benefits or coverage for similarly situated
individuals enrolled in the plan or coverage.
``(3) Construction.--For purposes of paragraph (1), rules
for eligibility to enroll under a plan include rules defining
any applicable waiting periods for such enrollment.
``(b) In Premium Contributions.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, may not require any
individual (as a condition of enrollment or continued
enrollment under the plan) to pay a premium or contribution
which is greater than such premium or contribution for a
similarly situated individual enrolled in the plan on the
basis of any health status-related factor in relation to the
individual or to an individual enrolled under the plan as a
dependent of the individual.
``(2) Construction.--Nothing in paragraph (1) shall be
construed--
``(A) to restrict the amount that an employer may be
charged for coverage under a group health plan; or
``(B) to prevent a group health plan, and a health
insurance issuer offering group health insurance coverage,
from establishing premium discounts or rebates or modifying
otherwise applicable copayments or deductibles in return for
adherence to programs of health promotion and disease
prevention.
``SEC. 703. GUARANTEED RENEWABILITY IN MULTIEMPLOYER PLANS
AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS.
``A group health plan which is a multiemployer plan or
which is a multiple employer welfare arrangement may not deny
an employer whose employees are covered under such a plan
continued access to the same or different coverage under the
terms of such a plan, other than--
``(1) for nonpayment of contributions;
``(2) for fraud or other intentional misrepresentation of
material fact by the employer;
``(3) for noncompliance with material plan provisions;
``(4) because the plan is ceasing to offer any coverage in
a geographic area;
``(5) in the case of a plan that offers benefits through a
network plan, there is no longer any individual enrolled
through the employer who lives, resides, or works in the
service area of the network plan and the plan applies this
paragraph uniformly without regard to the claims experience
of employers or any health status-related factor in relation
to such individuals or their dependents; and
``(6) for failure to meet the terms of an applicable
collective bargaining agreement, to renew a collective
bargaining or other agreement requiring or authorizing
contributions to the plan, or to employ employees covered by
such an agreement.
``SEC. 704. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.
``(a) Continued Applicability of State Law with Respect to
Health Insurance Issuers.--
``(1) In General.--Subject to paragraph (2) and except as
provided in subsection (b), this part shall not be construed
to supersede any provision of State law which establishes,
implements, or continues in effect any standard or
requirement solely relating to health insurance issuers in
connection with group health insurance coverage except to the
extent that such standard or requirement prevents the
application of a requirement of this part.
``(2) Continued preemption with respect to group health
plans.--Nothing in this part shall be construed to affect or
modify the provisions of section 514 with respect to group
health plans.
``(b) Special Rules in Case of Portability Requirements.--
``(1) In general.--Subject to paragraph (2), the provisions
of this part relating to health insurance coverage offered by
a health insurance issuer supersede any provision of State
law which establishes, implements, or continues in effect a
standard or requirement applicable to imposition of a
preexisting condition exclusion specifically governed by
section 701 which differs from the standards or requirements
specified in such section.
``(2) Exceptions.--Only in relation to health insurance
coverage offered by a health insurance issuer, the provisions
of this part do not supersede any provision of State law to
the extent that such provision--
``(i) substitutes for the reference to `6-month period' in
section 701(a)(1) a reference to any shorter period of time;
``(ii) substitutes for the reference to `12 months' and `18
months' in section 701(a)(2) a reference to any shorter
period of time;
``(iii) substitutes for the references to `63' days in
sections 701(c)(2)(A) and 701(d)(4)(A) a reference to any
greater number of days;
``(iv) substitutes for the reference to `30-day period' in
sections 701(b)(2) and 701(d)(1) a reference to any greater
period;
``(v) prohibits the imposition of any preexisting condition
exclusion in cases not described in section 701(d) or expands
the exceptions described in such section;
``(vi) requires special enrollment periods in addition to
those required under section 701(f); or
``(vii) reduces the maximum period permitted in an
affiliation period under section 701(g)(1)(B).
``(c) Rules of Construction.--Nothing in this part shall be
construed as requiring a group health plan or health
insurance coverage to provide specific benefits under the
terms of such plan or coverage.
``(d) Definitions.--For purposes of this section--
``(1) State law.--The term `State law' includes all laws,
decisions, rules, regulations, or other State action having
the effect of law, of any State. A law of the United States
applicable only to the District of Columbia shall be treated
as a State law rather than a law of the United States.
``(2) State.--The term `State' includes a State, the
Northern Mariana Islands, any political subdivisions of a
State or such Islands, or any agency or instrumentality of
either.
``SEC. 705. SPECIAL RULES RELATING TO GROUP HEALTH PLANS.
``(a) General Exception for Certain Small Group Health
Plans.--The requirements of this part shall not apply to any
group health plan (and group health insurance coverage
offered in connection with a group health plan) for any plan
year if, on the first day of such plan year, such plan has
less than 2 participants who are current employees.
``(b) Exception for Certain Benefits.--The requirements of
this part shall not apply to any group health plan (and group
health insurance coverage) in relation to its provision of
excepted benefits described in section 706(c)(1).
``(c) Exception for Certain Benefits If Certain Conditions
Met.--
``(1) Limited, excepted benefits.--The requirements of this
part shall not apply to any group health plan (and group
health insurance coverage offered in connection with a group
health plan) in relation to its provision of excepted
benefits described in section 706(c)(2) if the benefits--
``(A) are provided under a separate policy, certificate, or
contract of insurance; or
``(B) are otherwise not an integral part of the plan.
``(2) Noncoordinated, excepted benefits.--The requirements
of this part shall not apply to any group health plan (and
group health insurance coverage offered in connection with a
group health plan) in relation to its provision of excepted
benefits described in section 706(c)(3) if all of the
following conditions are met:
``(A) The benefits are provided under a separate policy,
certificate, or contract of insurance.
``(B) There is no coordination between the provision of
such benefits and any exclusion
[[Page 1863]]
of benefits under any group health plan maintained by the
same plan sponsor.
``(C) Such benefits are paid with respect to an event
without regard to whether benefits are provided with respect
to such an event under any group health plan maintained by
the same plan sponsor.
``(3) Supplemental excepted benefits.--The requirements of
this part shall not apply to any group health plan (and group
health insurance coverage) in relation to its provision of
excepted benefits described in section 706(c)(4) if the
benefits are provided under a separate policy, certificate,
or contract of insurance.
``(d) Treatment of Partnerships.--For purposes of this
part--
``(1) Treatment as a group health plan.--Any plan, fund, or
program which would not be (but for this subsection) an
employee welfare benefit plan and which is established or
maintained by a partnership, to the extent that such plan,
fund, or program provides medical care (including items and
services paid for as medical care) to present or former
partners in the partnership or to their dependents (as
defined under the terms of the plan, fund, or program),
directly or through insurance, reimbursement, or otherwise,
shall be treated (subject to paragraph (2)) as an employee
welfare benefit plan which is a group health plan.
``(2) Employer.--In the case of a group health plan, the
term `employer' also includes the partnership in relation to
any partner.
``(3) Participants of group health plans.--In the case of a
group health plan, the term `participant' also includes--
``(A) in connection with a group health plan maintained by
a partnership, an individual who is a partner in relation to
the partnership, or
``(B) in connection with a group health plan maintained by
a self-employed individual (under which one or more employees
are participants), the self-employed individual,
if such individual is, or may become, eligible to receive a
benefit under the plan or such individual's beneficiaries may
be eligible to receive any such benefit.
``SEC. 706. DEFINITIONS.
``(a) Group Health Plan.--For purposes of this part--
``(1) In general.--The term `group health plan' means an
employee welfare benefit plan to the extent that the plan
provides medical care (as defined in paragraph (2) and
including items and services paid for as medical care) to
employees or their dependents (as defined under the terms of
the plan) directly or through insurance, reimbursement, or
otherwise.
``(2) Medical care.--The term `medical care' means amounts
paid for--
``(A) the diagnosis, cure, mitigation, treatment, or
prevention of disease, or amounts paid for the purpose of
affecting any structure or function of the body,
``(B) amounts paid for transportation primarily for and
essential to medical care referred to in subparagraph (A),
and
``(C) amounts paid for insurance covering medical care
referred to in subparagraphs (A) and (B).
``(b) Definitions Relating to Health Insurance.--For
purposes of this part--
``(1) Health insurance coverage.--The term `health
insurance coverage' means benefits consisting of medical care
(provided directly, through insurance or reimbursement, or
otherwise and including items and services paid for as
medical care) under any hospital or medical service policy or
certificate, hospital or medical service plan contract, or
health maintenance organization contract offered by a health
insurance issuer.
``(2) Health insurance issuer.--The term `health insurance
issuer' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization, as defined in paragraph (3)) which is licensed
to engage in the business of insurance in a State and which
is subject to State law which regulates insurance (within the
meaning of section 514(b)(2)). Such term does not include a
group health plan.
``(3) Health maintenance organization.--The term `health
maintenance organization' means--
``(A) a Federally qualified health maintenance organization
(as defined in section 1301(a) of the Public Health Service
Act (42 U.S.C. 300e(a))),
``(B) an organization recognized under State law as a
health maintenance organization, or
``(C) a similar organization regulated under State law for
solvency in the same manner and to the same extent as such a
health maintenance organization.
``(4) Group health insurance coverage.--The term `group
health insurance coverage' means, in connection with a group
health plan, health insurance coverage offered in connection
with such plan.
``(c) Excepted Benefits.--For purposes of this part, the
term `excepted benefits' means benefits under one or more (or
any combination thereof) of the following:
``(1) Benefits not subject to requirements.--
``(A) Coverage only for accident, or disability income
insurance, or any combination thereof.
``(B) Coverage issued as a supplement to liability
insurance.
``(C) Liability insurance, including general liability
insurance and automobile liability insurance.
``(D) Workers' compensation or similar insurance.
``(E) Automobile medical payment insurance.
``(F) Credit-only insurance.
``(G) Coverage for on-site medical clinics.
``(H) Other similar insurance coverage, specified in
regulations, under which benefits for medical care are
secondary or incidental to other insurance benefits.
``(2) Benefits not subject to requirements if offered
separately.--
``(A) Limited scope dental or vision benefits.
``(B) Benefits for long-term care, nursing home care, home
health care, community-based care, or any combination
thereof.
``(C) Such other similar, limited benefits as are specified
in regulations.
``(3) Benefits not subject to requirements if offered as
independent, noncoordinated benefits.--
``(A) Coverage only for a specified disease or illness.
``(B) Hospital indemnity or other fixed indemnity
insurance.
``(4) Benefits not subject to requirements if offered as
separate insurance policy.--Medicare supplemental health
insurance (as defined under section 1882(g)(1) of the Social
Security Act), coverage supplemental to the coverage provided
under chapter 55 of title 10, United States Code, and similar
supplemental coverage provided to coverage under a group
health plan.
``(d) Other Definitions.--For purposes of this part--
``(1) COBRA continuation provision.--The term `COBRA
continuation provision' means any of the following:
``(A) Part 6 of this subtitle.
``(B) Section 4980B of the Internal Revenue Code of 1986,
other than subsection (f)(1) of such section insofar as it
relates to pediatric vaccines.
``(C) Title XXII of the Public Health Service Act.
``(2) Health status-related factor.--The term `health
status-related factor' means any of the factors described in
section 702(a)(1).
``(3) Network plan.--The term `network plan' means health
insurance coverage offered by a health insurance issuer under
which the financing and delivery of medical care (including
items and services paid for as medical care) are provided, in
whole or in part, through a defined set of providers under
contract with the issuer.
``(4) Placed for adoption.--The term `placement', or being
`placed', for adoption, has the meaning given such term in
section 609(c)(3)(B).
``SEC. 707. REGULATIONS.
``The Secretary, consistent with section 104 of the Health
Care Portability and Accountability Act of 1996, may
promulgate such regulations as may be necessary or
appropriate to carry out the provisions of this part. The
Secretary may promulgate any interim final rules as the
Secretary determines are appropriate to carry out this
part.''.
(b) Enforcement with Respect to Health Insurance Issuers.--
Section 502(b) of such Act (29 U.S.C. 1132(b)) is amended by
adding at the end the following new paragraph:
``(3) The Secretary is not authorized to enforce under this
part any requirement of part 7 against a health insurance
issuer offering health insurance coverage in connection with
a group health plan (as defined in section 706(a)(1)).
Nothing in this paragraph shall affect the authority of the
Secretary to issue regulations to carry out such part.''.
(c) Disclosure of Information to Participants and
Beneficiaries.--
(1) In general.--Section 104(b)(1) of such Act (29 U.S.C.
1024(b)(1)) is amended in the matter following subparagraph
(B)--
(A) by striking ``102(a)(1),'' and inserting ``102(a)(1)
(other than a material reduction in covered services or
benefits provided in the case of a group health plan (as
defined in section 706(a)(1))),''; and
(B) by adding at the end the following new sentences: ``If
there is a modification or change described in section
102(a)(1) that is a material reduction in covered services or
benefits provided under a group health plan (as defined in
section 706(a)(1)), a summary description of such
modification or change shall be furnished to participants and
beneficiaries not later than 60 days after the date of the
adoption of the modification or change. In the alternative,
the plan sponsors may provide such description at regular
intervals of not more than 90 days. The Secretary shall issue
regulations within 180 days after the date of enactment of
the Health Insurance Portability and Accountability Act of
1996, providing alternative mechanisms to delivery by mail
through which group health plans (as so defined) may notify
participants and beneficiaries of material reductions in
covered services or benefits.''.
(2) Plan description and summary.--Section 102(b) of such
Act (29 U.S.C. 1022(b)) is amended--
(A) by inserting ``in the case of a group health plan (as
defined in section 706(a)(1)), whether a health insurance
issuer (as defined in section 706(b)(2)) is responsible for
the financing or administration (including payment of claims)
of the plan and (if so) the name and address of such
issuer;'' after ``type of administration of the plan;''; and
(B) by inserting ``including the office at the Department
of Labor through which participants and beneficiaries may
seek assistance or information regarding their rights under
this Act and the Health Insurance Portability and
Accountability Act of 1996 with respect to health benefits
that are of
[[Page 1864]]
fered through a group health plan (as defined in section
706(a)(1))'' after ``benefits under the plan''.
(d) Treatment of Health Insurance Issuers Offering Health
Insurance Coverage to Noncovered Plans.--Section 4(b) of such
Act (29 U.S.C. 1003(b)) is amended by adding at the end
(after and below paragraph (5)) the following:
``The provisions of part 7 of subtitle B shall not apply to a
health insurance issuer (as defined in section 706(b)(2))
solely by reason of health insurance coverage (as defined in
section 706(b)(1)) provided by such issuer in connection with
a group health plan (as defined in section 706(a)(1)) if the
provisions of this title do not apply to such group health
plan.''.
(e) Reporting and Enforcement with Respect to Certain
Arrangements.--
(1) In general.--Section 101 of such Act (29 U.S.C. 1021)
is amended--
(A) by redesignating subsection (g) as subsection (h), and
(B) by inserting after subsection (f) the following new
subsection:
``(g) Reporting by Certain Arrangements.--The Secretary
may, by regulation, require multiple employer welfare
arrangements providing benefits consisting of medical care
(within the meaning of section 706(a)(2)) which are not group
health plans to report, not more frequently than annually, in
such form and such manner as the Secretary may require for
the purpose of determining the extent to which the
requirements of part 7 are being carried out in connection
with such benefits.''.
(2) Enforcement.--
(A) In general.--Section 502 of such Act (29 U.S.C. 1132)
is amended--
(i) in subsection (a)(6), by striking ``under subsection
(c)(2) or (i) or (l)'' and inserting ``under paragraph (2),
(4), or (5) of subsection (c) or under subsection (i) or
(l)''; and
(ii) in the last 2 sentences of subsection (c), by striking
``For purposes of this paragraph'' and all that follows
through ``The Secretary and'' and inserting the following:
``(5) The Secretary may assess a civil penalty against any
person of up to $1,000 a day from the date of the person's
failure or refusal to file the information required to be
filed by such person with the Secretary under regulations
prescribed pursuant to section 101(g).
``(6) The Secretary and''.
(B) Technical and conforming amendment.--Section 502(c)(1)
of such Act (29 U.S.C. 1132(c)(1)) is amended by adding at
the end the following sentence: ``For purposes of this
paragraph, each violation described in subparagraph (A) with
respect to any single participant, and each violation
described in subparagraph (B) with respect to any single
participant or beneficiary, shall be treated as a separate
violation.''.
(3) Coordination.--Section 506 of such Act (29 U.S.C. 1136)
is amended by adding at the end the following new subsection:
``(c) Coordination of Enforcement with States with Respect
to Certain Arrangements.--A State may enter into an agreement
with the Secretary for delegation to the State of some or all
of the Secretary's authority under sections 502 and 504 to
enforce the requirements under part 7 in connection with
multiple employer welfare arrangements, providing medical
care (within the meaning of section 706(a)(2)), which are not
group health plans.''.
(f) Conforming Amendments.--
(1) Section 514(b) of such Act (29 U.S.C. 1144(b)) is
amended by adding at the end the following new paragraph:
``(9) For additional provisions relating to group health
plans, see section 704.''.
(2)(A) Part 6 of subtitle B of title I of such Act (29
U.S.C. 1161 et seq.) is amended by striking the heading and
inserting the following:
``Part 6--Continuation Coverage and Additional Standards for Group
Health Plans''.
(B) The table of contents in section 1 of such Act is
amended by striking the item relating to the heading for part
6 of subtitle B of title I and inserting the following:
``Part 6--Continuation Coverage and Additional Standards for Group
Health Plans''.
(3) The table of contents in section 1 of such Act (as
amended by the preceding provisions of this section) is
amended by inserting after the items relating to part 6 the
following new items:
``Part 7--Group Health Plan Portability, Access, and Renewability
Requirements
``Sec. 701. Increased portability through limitation on preexisting
condition exclusions.
``Sec. 702. Prohibiting discrimination against individual participants
and beneficiaries based on health status.
``Sec. 703. Guaranteed renewability in multiemployer plans and multiple
employer welfare arrangements.
``Sec. 704. Preemption; State flexibility; construction.
``Sec. 705. Special rules relating to group health plans.
``Sec. 706. Definitions.
``Sec. 707. Regulations.''.
(g) Effective Dates.--
(1) In general.--Except as provided in this section, this
section (and the amendments made by this section) shall apply
with respect to group health plans for plan years beginning
after June 30, 1997.
(2) Determination of creditable coverage.--
(A) Period of coverage.--
(i) In general.--Subject to clause (ii), no period before
July 1, 1996, shall be taken into account under part 7 of
subtitle B of title I of the Employee Retirement Income
Security Act of 1974 (as added by this section) in
determining creditable coverage.
(ii) Special rule for certain periods.--The Secretary of
Labor, consistent with section 104, shall provide for a
process whereby individuals who need to establish creditable
coverage for periods before July 1, 1996, and who would have
such coverage credited but for clause (i) may be given credit
for creditable coverage for such periods through the
presentation of documents or other means.
(B) Certifications, etc.--
(i) In general.--Subject to clauses (ii) and (iii),
subsection (e) of section 701 of the Employee Retirement
Income Security Act of 1974 (as added by this section) shall
apply to events occurring after June 30, 1996.
(ii) No certification required to be provided before june
1, 1997.--In no case is a certification required to be
provided under such subsection before June 1, 1997.
(iii) Certification only on written request for events
occurring before october 1, 1996.--In the case of an event
occurring after June 30, 1996, and before October 1, 1996, a
certification is not required to be provided under such
subsection unless an individual (with respect to whom the
certification is otherwise required to be made) requests such
certification in writing.
(C) Transitional rule.--In the case of an individual who
seeks to establish creditable coverage for any period for
which certification is not required because it relates to an
event occurring before June 30, 1996--
(i) the individual may present other credible evidence of
such coverage in order to establish the period of creditable
coverage; and
(ii) a group health plan and a health insurance issuer
shall not be subject to any penalty or enforcement action
with respect to the plan's or issuer's crediting (or not
crediting) such coverage if the plan or issuer has sought to
comply in good faith with the applicable requirements under
the amendments made by this section.
(3) Special rule for collective bargaining agreements.--
Except as provided in paragraph (2), in the case of a group
health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
one or more employers ratified before the date of the
enactment of this Act, part 7 of subtitle B of title I of
Employee Retirement Income Security Act of 1974 (other than
section 701(e) thereof) shall not apply to plan years
beginning before the later of--
(A) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of the enactment of this Act), or
(B) July 1, 1997.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement of such part shall not be treated as a
termination of such collective bargaining agreement.
(4) Timely regulations.--The Secretary of Labor, consistent
with section 104, shall first issue by not later than April
1, 1997, such regulations as may be necessary to carry out
the amendments made by this section.
(5) Limitation on actions.--No enforcement action shall be
taken, pursuant to the amendments made by this section,
against a group health plan or health insurance issuer with
respect to a violation of a requirement imposed by such
amendments before January 1, 1998, or, if later, the date of
issuance of regulations referred to in paragraph (4), if the
plan or issuer has sought to comply in good faith with such
requirements.
SEC. 102. THROUGH THE PUBLIC HEALTH SERVICE ACT.
(a) In General.--The Public Health Service Act is amended
by adding at the end the following new title:
``TITLE XXVII--ASSURING PORTABILITY, AVAILABILITY, AND RENEWABILITY OF
HEALTH INSURANCE COVERAGE
``Part A--Group Market Reforms
``Subpart 1--Portability, Access, and Renewability Requirements
``SEC. 2701. INCREASED PORTABILITY THROUGH LIMITATION ON
PREEXISTING CONDITION EXCLUSIONS.
``(a) Limitation on Preexisting Condition Exclusion Period;
Crediting for Periods of Previous Coverage.--Subject to
subsection (d), a group health plan, and a health insurance
issuer offering group health insurance coverage, may, with
respect to a participant or beneficiary, impose a preexisting
condition exclusion only if--
``(1) such exclusion relates to a condition (whether
physical or mental), regardless of the cause of the
condition, for which medical advice, diagnosis, care, or
treatment was recommended or received within the 6-month
period ending on the enrollment date;
``(2) such exclusion extends for a period of not more than
12 months (or 18 months in the case of a late enrollee) after
the enrollment date; and
``(3) the period of any such preexisting condition
exclusion is reduced by the aggregate of the periods of
creditable coverage (if any, as defined in subsection (c)(1))
applicable to the participant or beneficiary as of the
enrollment date.
``(b) Definitions.--For purposes of this part--
[[Page 1865]]
``(1) Preexisting condition exclusion.--
``(A) In general.--The term `preexisting condition
exclusion' means, with respect to coverage, a limitation or
exclusion of benefits relating to a condition based on the
fact that the condition was present before the date of
enrollment for such coverage, whether or not any medical
advice, diagnosis, care, or treatment was recommended or
received before such date.
``(B) Treatment of genetic information.--Genetic
information shall not be treated as a condition described in
subsection (a)(1) in the absence of a diagnosis of the
condition related to such information.
``(2) Enrollment date.--The term `enrollment date' means,
with respect to an individual covered under a group health
plan or health insurance coverage, the date of enrollment of
the individual in the plan or coverage or, if earlier, the
first day of the waiting period for such enrollment.
``(3) Late enrollee.--The term `late enrollee' means, with
respect to coverage under a group health plan, a participant
or beneficiary who enrolls under the plan other than during--
``(A) the first period in which the individual is eligible
to enroll under the plan, or
``(B) a special enrollment period under subsection (f).
``(4) Waiting period.--The term `waiting period' means,
with respect to a group health plan and an individual who is
a potential participant or beneficiary in the plan, the
period that must pass with respect to the individual before
the individual is eligible to be covered for benefits under
the terms of the plan.
``(c) Rules Relating to Crediting Previous Coverage.--
``(1) Creditable coverage defined.--For purposes of this
title, the term `creditable coverage' means, with respect to
an individual, coverage of the individual under any of the
following:
``(A) A group health plan.
``(B) Health insurance coverage.
``(C) Part A or part B of title XVIII of the Social
Security Act.
``(D) Title XIX of the Social Security Act, other than
coverage consisting solely of benefits under section 1928.
``(E) Chapter 55 of title 10, United States Code.
``(F) A medical care program of the Indian Health Service
or of a tribal organization.
``(G) A State health benefits risk pool.
``(H) A health plan offered under chapter 89 of title 5,
United States Code.
``(I) A public health plan (as defined in regulations).
``(J) A health benefit plan under section 5(e) of the Peace
Corps Act (22 U.S.C. 2504(e)).
Such term does not include coverage consisting solely of
coverage of excepted benefits (as defined in section
2791(c)).
``(2) Not counting periods before significant breaks in
coverage.--
``(A) In general.--A period of creditable coverage shall
not be counted, with respect to enrollment of an individual
under a group health plan, if, after such period and before
the enrollment date, there was a 63-day period during all of
which the individual was not covered under any creditable
coverage.
``(B) Waiting period not treated as a break in coverage.--
For purposes of subparagraph (A) and subsection (d)(4), any
period that an individual is in a waiting period for any
coverage under a group health plan (or for group health
insurance coverage) or is in an affiliation period (as
defined in subsection (g)(2)) shall not be taken into account
in determining the continuous period under subparagraph (A).
``(3) Method of crediting coverage.--
``(A) Standard method.--Except as otherwise provided under
subparagraph (B), for purposes of applying subsection (a)(3),
a group health plan, and a health insurance issuer offering
group health insurance coverage, shall count a period of
creditable coverage without regard to the specific benefits
covered during the period.
``(B) Election of alternative method.--A group health plan,
or a health insurance issuer offering group health insurance,
may elect to apply subsection (a)(3) based on coverage of
benefits within each of several classes or categories of
benefits specified in regulations rather than as provided
under subparagraph (A). Such election shall be made on a
uniform basis for all participants and beneficiaries. Under
such election a group health plan or issuer shall count a
period of creditable coverage with respect to any class or
category of benefits if any level of benefits is covered
within such class or category.
``(C) Plan notice.--In the case of an election with respect
to a group health plan under subparagraph (B) (whether or not
health insurance coverage is provided in connection with such
plan), the plan shall--
``(i) prominently state in any disclosure statements
concerning the plan, and state to each enrollee at the time
of enrollment under the plan, that the plan has made such
election, and
``(ii) include in such statements a description of the
effect of this election.
``(D) Issuer notice.--In the case of an election under
subparagraph (B) with respect to health insurance coverage
offered by an issuer in the small or large group market, the
issuer--
``(i) shall prominently state in any disclosure statements
concerning the coverage, and to each employer at the time of
the offer or sale of the coverage, that the issuer has made
such election, and
``(ii) shall include in such statements a description of
the effect of such election.
``(4) Establishment of period.--Periods of creditable
coverage with respect to an individual shall be established
through presentation of certifications described in
subsection (e) or in such other manner as may be specified in
regulations.
``(d) Exceptions.--
``(1) Exclusion not applicable to certain newborns.--
Subject to paragraph (4), a group health plan, and a health
insurance issuer offering group health insurance coverage,
may not impose any preexisting condition exclusion in the
case of an individual who, as of the last day of the 30-day
period beginning with the date of birth, is covered under
creditable coverage.
``(2) Exclusion not applicable to certain adopted
children.--Subject to paragraph (4), a group health plan, and
a health insurance issuer offering group health insurance
coverage, may not impose any preexisting condition exclusion
in the case of a child who is adopted or placed for adoption
before attaining 18 years of age and who, as of the last day
of the 30-day period beginning on the date of the adoption or
placement for adoption, is covered under creditable coverage.
The previous sentence shall not apply to coverage before the
date of such adoption or placement for adoption.
``(3) Exclusion not applicable to pregnancy.--A group
health plan, and health insurance issuer offering group
health insurance coverage, may not impose any preexisting
condition exclusion relating to pregnancy as a preexisting
condition.
``(4) Loss if break in coverage.--Paragraphs (1) and (2)
shall no longer apply to an individual after the end of the
first 63-day period during all of which the individual was
not covered under any creditable coverage.
``(e) Certifications and Disclosure of Coverage.--
``(1) Requirement for certification of period of creditable
coverage.--
``(A) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide the certification described in subparagraph
(B)--
``(i) at the time an individual ceases to be covered under
the plan or otherwise becomes covered under a COBRA
continuation provision,
``(ii) in the case of an individual becoming covered under
such a provision, at the time the individual ceases to be
covered under such provision, and
``(iii) on the request on behalf of an individual made not
later than 24 months after the date of cessation of the
coverage described in clause (i) or (ii), whichever is later.
The certification under clause (i) may be provided, to the
extent practicable, at a time consistent with notices
required under any applicable COBRA continuation provision.
``(B) Certification.--The certification described in this
subparagraph is a written certification of--
``(i) the period of creditable coverage of the individual
under such plan and the coverage (if any) under such COBRA
continuation provision, and
``(ii) the waiting period (if any) (and affiliation period,
if applicable) imposed with respect to the individual for any
coverage under such plan.
``(C) Issuer compliance.--To the extent that medical care
under a group health plan consists of group health insurance
coverage, the plan is deemed to have satisfied the
certification requirement under this paragraph if the health
insurance issuer offering the coverage provides for such
certification in accordance with this paragraph.
``(2) Disclosure of information on previous benefits.--In
the case of an election described in subsection (c)(3)(B) by
a group health plan or health insurance issuer, if the plan
or issuer enrolls an individual for coverage under the plan
and the individual provides a certification of coverage of
the individual under paragraph (1)--
``(A) upon request of such plan or issuer, the entity which
issued the certification provided by the individual shall
promptly disclose to such requesting plan or issuer
information on coverage of classes and categories of health
benefits available under such entity's plan or coverage, and
``(B) such entity may charge the requesting plan or issuer
for the reasonable cost of disclosing such information.
``(3) Regulations.--The Secretary shall establish rules to
prevent an entity's failure to provide information under
paragraph (1) or (2) with respect to previous coverage of an
individual from adversely affecting any subsequent coverage
of the individual under another group health plan or health
insurance coverage.
``(f) Special Enrollment Periods.--
``(1) Individuals losing other coverage.--A group health
plan, and a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
shall permit an employee who is eligible, but not enrolled,
for coverage under the terms of the plan (or a dependent of
such an employee if the dependent is eligible, but not
enrolled, for coverage under such terms) to enroll for
coverage under the terms of the plan if each of the following
conditions is met:
``(A) The employee or dependent was covered under a group
health plan or had health insurance coverage at the time
coverage was previously offered to the employee or dependent.
``(B) The employee stated in writing at such time that
coverage under a group health plan or health insurance
coverage was the reason for declining enrollment, but only
[[Page 1866]]
if the plan sponsor or issuer (if applicable) required such a
statement at such time and provided the employee with notice
of such requirement (and the consequences of such
requirement) at such time.
``(C) The employee's or dependent's coverage described in
subparagraph (A)--
``(i) was under a COBRA continuation provision and the
coverage under such provision was exhausted; or
``(ii) was not under such a provision and either the
coverage was terminated as a result of loss of eligibility
for the coverage (including as a result of legal separation,
divorce, death, termination of employment, or reduction in
the number of hours of employment) or employer contributions
towards such coverage were terminated.
``(D) Under the terms of the plan, the employee requests
such enrollment not later than 30 days after the date of
exhaustion of coverage described in subparagraph (C)(i) or
termination of coverage or employer contribution described in
subparagraph (C)(ii).
``(2) For dependent beneficiaries.--
``(A) In general.--If--
``(i) a group health plan makes coverage available with
respect to a dependent of an individual,
``(ii) the individual is a participant under the plan (or
has met any waiting period applicable to becoming a
participant under the plan and is eligible to be enrolled
under the plan but for a failure to enroll during a previous
enrollment period), and
``(iii) a person becomes such a dependent of the individual
through marriage, birth, or adoption or placement for
adoption,
the group health plan shall provide for a dependent special
enrollment period described in subparagraph (B) during which
the person (or, if not otherwise enrolled, the individual)
may be enrolled under the plan as a dependent of the
individual, and in the case of the birth or adoption of a
child, the spouse of the individual may be enrolled as a
dependent of the individual if such spouse is otherwise
eligible for coverage.
``(B) Dependent special enrollment period.--A dependent
special enrollment period under this subparagraph shall be a
period of not less than 30 days and shall begin on the later
of--
``(i) the date dependent coverage is made available, or
``(ii) the date of the marriage, birth, or adoption or
placement for adoption (as the case may be) described in
subparagraph (A)(iii).
``(C) No waiting period.--If an individual seeks to enroll
a dependent during the first 30 days of such a dependent
special enrollment period, the coverage of the dependent
shall become effective--
``(i) in the case of marriage, not later than the first day
of the first month beginning after the date the completed
request for enrollment is received;
``(ii) in the case of a dependent's birth, as of the date
of such birth; or
``(iii) in the case of a dependent's adoption or placement
for adoption, the date of such adoption or placement for
adoption.
``(g) Use of Affiliation Period by HMOs as Alternative to
Preexisting Condition Exclusion.--
``(1) In general.--A health maintenance organization which
offers health insurance coverage in connection with a group
health plan and which does not impose any preexisting
condition exclusion allowed under subsection (a) with respect
to any particular coverage option may impose an affiliation
period for such coverage option, but only if--
``(A) such period is applied uniformly without regard to
any health status-related factors; and
``(B) such period does not exceed 2 months (or 3 months in
the case of a late enrollee).
``(2) Affiliation period.--
``(A) Defined.--For purposes of this title, the term
`affiliation period' means a period which, under the terms of
the health insurance coverage offered by the health
maintenance organization, must expire before the health
insurance coverage becomes effective. The organization is not
required to provide health care services or benefits during
such period and no premium shall be charged to the
participant or beneficiary for any coverage during the
period.
``(B) Beginning.--Such period shall begin on the enrollment
date.
``(C) Runs concurrently with waiting periods.--An
affiliation period under a plan shall run concurrently with
any waiting period under the plan.
``(3) Alternative methods.--A health maintenance
organization described in paragraph (1) may use alternative
methods, from those described in such paragraph, to address
adverse selection as approved by the State insurance
commissioner or official or officials designated by the State
to enforce the requirements of this part for the State
involved with respect to such issuer.
``SEC. 2702. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL
PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH
STATUS.
``(a) In Eligibility to Enroll.--
``(1) In general.--Subject to paragraph (2), a group health
plan, and a health insurance issuer offering group health
insurance coverage in connection with a group health plan,
may not establish rules for eligibility (including continued
eligibility) of any individual to enroll under the terms of
the plan based on any of the following health status-related
factors in relation to the individual or a dependent of the
individual:
``(A) Health status.
``(B) Medical condition (including both physical and mental
illnesses).
``(C) Claims experience.
``(D) Receipt of health care.
``(E) Medical history.
``(F) Genetic information.
``(G) Evidence of insurability (including conditions
arising out of acts of domestic violence).
``(H) Disability.
``(2) No application to benefits or exclusions.--To the
extent consistent with section 701, paragraph (1) shall not
be construed--
``(A) to require a group health plan, or group health
insurance coverage, to provide particular benefits other than
those provided under the terms of such plan or coverage, or
``(B) to prevent such a plan or coverage from establishing
limitations or restrictions on the amount, level, extent, or
nature of the benefits or coverage for similarly situated
individuals enrolled in the plan or coverage.
``(3) Construction.--For purposes of paragraph (1), rules
for eligibility to enroll under a plan include rules defining
any applicable waiting periods for such enrollment.
``(b) In Premium Contributions.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, may not require any
individual (as a condition of enrollment or continued
enrollment under the plan) to pay a premium or contribution
which is greater than such premium or contribution for a
similarly situated individual enrolled in the plan on the
basis of any health status-related factor in relation to the
individual or to an individual enrolled under the plan as a
dependent of the individual.
``(2) Construction.--Nothing in paragraph (1) shall be
construed--
``(A) to restrict the amount that an employer may be
charged for coverage under a group health plan; or
``(B) to prevent a group health plan, and a health
insurance issuer offering group health insurance coverage,
from establishing premium discounts or rebates or modifying
otherwise applicable copayments or deductibles in return for
adherence to programs of health promotion and disease
prevention.
``Subpart 2--Provisions Applicable Only to Health Insurance Issuers
``SEC. 2711. GUARANTEED AVAILABILITY OF COVERAGE FOR
EMPLOYERS IN THE GROUP MARKET.
``(a) Issuance of Coverage in the Small Group Market.--
``(1) In general.--Subject to subsections (c) through (f),
each health insurance issuer that offers health insurance
coverage in the small group market in a State--
``(A) must accept every small employer (as defined in
section 2791(e)(4)) in the State that applies for such
coverage; and
``(B) must accept for enrollment under such coverage every
eligible individual (as defined in paragraph (2)) who applies
for enrollment during the period in which the individual
first becomes eligible to enroll under the terms of the group
health plan and may not place any restriction which is
inconsistent with section 2702 on an eligible individual
being a participant or beneficiary.
``(2) Eligible individual defined.--For purposes of this
section, the term `eligible individual' means, with respect
to a health insurance issuer that offers health insurance
coverage to a small employer in connection with a group
health plan in the small group market, such an individual in
relation to the employer as shall be determined--
``(A) in accordance with the terms of such plan,
``(B) as provided by the issuer under rules of the issuer
which are uniformly applicable in a State to small employers
in the small group market, and
``(C) in accordance with all applicable State laws
governing such issuer and such market.
``(b) Assuring Access in the Large Group Market.--
``(1) Reports to hhs.--The Secretary shall request that the
chief executive officer of each State submit to the
Secretary, by not later December 31, 2000, and every 3 years
thereafter a report on--
``(A) the access of large employers to health insurance
coverage in the State, and
``(B) the circumstances for lack of access (if any) of
large employers (or one or more classes of such employers) in
the State to such coverage.
``(2) Triennial reports to congress.--The Secretary, based
on the reports submitted under paragraph (1) and such other
information as the Secretary may use, shall prepare and
submit to Congress, every 3 years, a report describing the
extent to which large employers (and classes of such
employers) that seek health insurance coverage in the
different States are able to obtain access to such coverage.
Such report shall include such recommendations as the
Secretary determines to be appropriate.
``(3) GAO report on large employer access to health
insurance coverage.--The Comptroller General shall provide
for a study of the extent to which classes of large employers
in the different States are able to obtain access to health
insurance coverage and the circumstances for lack of access
(if any) to such coverage. The Comptroller General shall
submit to Congress a report on such study not later than 18
months after the date of the enactment of this title.
``(c) Special Rules for Network Plans.--
``(1) In general.--In the case of a health insurance issuer
that offers health insurance coverage in the small group
market through a network plan, the issuer may--
[[Page 1867]]
``(A) limit the employers that may apply for such coverage
to those with eligible individuals who live, work, or reside
in the service area for such network plan; and
``(B) within the service area of such plan, deny such
coverage to such employers if the issuer has demonstrated, if
required, to the applicable State authority that--
``(i) it will not have the capacity to deliver services
adequately to enrollees of any additional groups because of
its obligations to existing group contract holders and
enrollees, and
``(ii) it is applying this paragraph uniformly to all
employers without regard to the claims experience of those
employers and their employees (and their dependents) or any
health status-related factor relating to such employees and
dependents.
``(2) 180-day suspension upon denial of coverage.--An
issuer, upon denying health insurance coverage in any service
area in accordance with paragraph (1)(B), may not offer
coverage in the small group market within such service area
for a period of 180 days after the date such coverage is
denied.
``(d) Application of Financial Capacity Limits.--
``(1) In general.--A health insurance issuer may deny
health insurance coverage in the small group market if the
issuer has demonstrated, if required, to the applicable State
authority that--
``(A) it does not have the financial reserves necessary to
underwrite additional coverage; and
``(B) it is applying this paragraph uniformly to all
employers in the small group market in the State consistent
with applicable State law and without regard to the claims
experience of those employers and their employees (and their
dependents) or any health status-related factor relating to
such employees and dependents.
``(2) 180-day suspension upon denial of coverage.--A health
insurance issuer upon denying health insurance coverage in
connection with group health plans in accordance with
paragraph (1) in a State may not offer coverage in connection
with group health plans in the small group market in the
State for a period of 180 days after the date such coverage
is denied or until the issuer has demonstrated to the
applicable State authority, if required under applicable
State law, that the issuer has sufficient financial reserves
to underwrite additional coverage, whichever is later. An
applicable State authority may provide for the application of
this subsection on a service-area-specific basis.
``(e) Exception to Requirement for Failure To Meet Certain
Minimum Participation or Contribution Rules.--
``(1) In general.--Subsection (a) shall not be construed to
preclude a health insurance issuer from establishing employer
contribution rules or group participation rules for the
offering of health insurance coverage in connection with a
group health plan in the small group market, as allowed under
applicable State law.
``(2) Rules defined.--For purposes of paragraph (1)--
``(A) the term `employer contribution rule' means a
requirement relating to the minimum level or amount of
employer contribution toward the premium for enrollment of
participants and beneficiaries; and
``(B) the term `group participation rule' means a
requirement relating to the minimum number of participants or
beneficiaries that must be enrolled in relation to a
specified percentage or number of eligible individuals or
employees of an employer.
``(f) Exception for Coverage Offered Only to Bona Fide
Association Members.--Subsection (a) shall not apply to
health insurance coverage offered by a health insurance
issuer if such coverage is made available in the small group
market only through one or more bona fide associations (as
defined in section 2791(d)(3)).
``SEC. 2712. GUARANTEED RENEWABILITY OF COVERAGE FOR
EMPLOYERS IN THE GROUP MARKET.
``(a) In General.--Except as provided in this section, if a
health insurance issuer offers health insurance coverage in
the small or large group market in connection with a group
health plan, the issuer must renew or continue in force such
coverage at the option of the plan sponsor of the plan.
``(b) General Exceptions.--A health insurance issuer may
nonrenew or discontinue health insurance coverage offered in
connection with a group health plan in the small or large
group market based only on one or more of the following:
``(1) Nonpayment of premiums.--The plan sponsor has failed
to pay premiums or contributions in accordance with the terms
of the health insurance coverage or the issuer has not
received timely premium payments.
``(2) Fraud.--The plan sponsor has performed an act or
practice that constitutes fraud or made an intentional
misrepresentation of material fact under the terms of the
coverage.
``(3) Violation of participation or contribution rules.--
The plan sponsor has failed to comply with a material plan
provision relating to employer contribution or group
participation rules, as permitted under section 2711(e) in
the case of the small group market or pursuant to applicable
State law in the case of the large group market.
``(4) Termination of coverage.--The issuer is ceasing to
offer coverage in such market in accordance with subsection
(c) and applicable State law.
``(5) Movement outside service area.--In the case of a
health insurance issuer that offers health insurance coverage
in the market through a network plan, there is no longer any
enrollee in connection with such plan who lives, resides, or
works in the service area of the issuer (or in the area for
which the issuer is authorized to do business) and, in the
case of the small group market, the issuer would deny
enrollment with respect to such plan under section
2711(c)(1)(A).
``(6) Association membership ceases.--In the case of health
insurance coverage that is made available in the small or
large group market (as the case may be) only through one or
more bona fide associations, the membership of an employer in
the association (on the basis of which the coverage is
provided) ceases but only if such coverage is terminated
under this paragraph uniformly without regard to any health
status-related factor relating to any covered individual.
``(c) Requirements for Uniform Termination of Coverage.--
``(1) Particular type of coverage not offered.--In any case
in which an issuer decides to discontinue offering a
particular type of group health insurance coverage offered in
the small or large group market, coverage of such type may be
discontinued by the issuer in accordance with applicable
State law in such market only if--
``(A) the issuer provides notice to each plan sponsor
provided coverage of this type in such market (and
participants and beneficiaries covered under such coverage)
of such discontinuation at least 90 days prior to the date of
the discontinuation of such coverage;
``(B) the issuer offers to each plan sponsor provided
coverage of this type in such market, the option to purchase
all (or, in the case of the large group market, any) other
health insurance coverage currently being offered by the
issuer to a group health plan in such market; and
``(C) in exercising the option to discontinue coverage of
this type and in offering the option of coverage under
subparagraph (B), the issuer acts uniformly without regard to
the claims experience of those sponsors or any health status-
related factor relating to any participants or beneficiaries
covered or new participants or beneficiaries who may become
eligible for such coverage.
``(2) Discontinuance of all coverage.--
``(A) In general.--In any case in which a health insurance
issuer elects to discontinue offering all health insurance
coverage in the small group market or the large group market,
or both markets, in a State, health insurance coverage may be
discontinued by the issuer only in accordance with applicable
State law and if--
``(i) the issuer provides notice to the applicable State
authority and to each plan sponsor (and participants and
beneficiaries covered under such coverage) of such
discontinuation at least 180 days prior to the date of the
discontinuation of such coverage; and
``(ii) all health insurance issued or delivered for
issuance in the State in such market (or markets) are
discontinued and coverage under such health insurance
coverage in such market (or markets) is not renewed.
``(B) Prohibition on market reentry.--In the case of a
discontinuation under subparagraph (A) in a market, the
issuer may not provide for the issuance of any health
insurance coverage in the market and State involved during
the 5-year period beginning on the date of the
discontinuation of the last health insurance coverage not so
renewed.
``(d) Exception for Uniform Modification of Coverage.--At
the time of coverage renewal, a health insurance issuer may
modify the health insurance coverage for a product offered to
a group health plan--
``(1) in the large group market; or
``(2) in the small group market if, for coverage that is
available in such market other than only through one or more
bona fide associations, such modification is consistent with
State law and effective on a uniform basis among group health
plans with that product.
``(e) Application to Coverage Offered Only Through
Associations.--In applying this section in the case of health
insurance coverage that is made available by a health
insurance issuer in the small or large group market to
employers only through one or more associations, a reference
to `plan sponsor' is deemed, with respect to coverage
provided to an employer member of the association, to include
a reference to such employer.
``SEC. 2713. DISCLOSURE OF INFORMATION.
``(a) Disclosure of Information by Health Plan Issuers.--In
connection with the offering of any health insurance coverage
to a small employer, a health insurance issuer--
``(1) shall make a reasonable disclosure to such employer,
as part of its solicitation and sales materials, of the
availability of information described in subsection (b), and
``(2) upon request of such a small employer, provide such
information.
``(b) Information Described.--
``(1) In general.--Subject to paragraph (3), with respect
to a health insurance issuer offering health insurance
coverage to a small employer, information described in this
subsection is information concerning--
``(A) the provisions of such coverage concerning issuer's
right to change premium rates and the factors that may affect
changes in premium rates;
``(B) the provisions of such coverage relating to
renewability of coverage;
``(C) the provisions of such coverage relating to any
preexisting condition exclusion; and
[[Page 1868]]
``(D) the benefits and premiums available under all health
insurance coverage for which the employer is qualified.
``(2) Form of information.--Information under this
subsection shall be provided to small employers in a manner
determined to be understandable by the average small
employer, and shall be sufficient to reasonably inform small
employers of their rights and obligations under the health
insurance coverage.
``(3) Exception.--An issuer is not required under this
section to disclose any information that is proprietary and
trade secret information under applicable law.
``Subpart 3--Exclusion of Plans; Enforcement; Preemption
``SEC. 2721. EXCLUSION OF CERTAIN PLANS.
``(a) Exception for Certain Small Group Health Plans.--The
requirements of subparts 1 and 2 shall not apply to any group
health plan (and health insurance coverage offered in
connection with a group health plan) for any plan year if, on
the first day of such plan year, such plan has less than 2
participants who are current employees.
``(b) Limitation on Application of Provisions Relating to
Group Health Plans.--
``(1) In general.--The requirements of subparts 1 and 2
shall apply with respect to group health plans only--
``(A) subject to paragraph (2), in the case of a plan that
is a nonfederal governmental plan, and
``(B) with respect to health insurance coverage offered in
connection with a group health plan (including such a plan
that is a church plan or a governmental plan).
``(2) Treatment of nonfederal governmental plans.--
``(A) Election to be excluded.--If the plan sponsor of a
nonfederal governmental plan which is a group health plan to
which the provisions of subparts 1 and 2 otherwise apply
makes an election under this subparagraph (in such form and
manner as the Secretary may by regulations prescribe), then
the requirements of such subparts insofar as they apply
directly to group health plans (and not merely to group
health insurance coverage) shall not apply to such
governmental plans for such period except as provided in this
paragraph.
``(B) Period of election.--An election under subparagraph
(A) shall apply--
``(i) for a single specified plan year, or
``(ii) in the case of a plan provided pursuant to a
collective bargaining agreement, for the term of such
agreement.
An election under clause (i) may be extended through
subsequent elections under this paragraph.
``(C) Notice to enrollees.--Under such an election, the
plan shall provide for--
``(i) notice to enrollees (on an annual basis and at the
time of enrollment under the plan) of the fact and
consequences of such election, and
``(ii) certification and disclosure of creditable coverage
under the plan with respect to enrollees in accordance with
section 2701(e).
``(c) Exception for Certain Benefits.--The requirements of
subparts 1 and 2 shall not apply to any group health plan (or
group health insurance coverage) in relation to its provision
of excepted benefits described in section 2791(c)(1).
``(d) Exception for Certain Benefits If Certain Conditions
Met.--
``(1) Limited, excepted benefits.--The requirements of
subparts 1 and 2 shall not apply to any group health plan
(and group health insurance coverage offered in connection
with a group health plan) in relation to its provision of
excepted benefits described in section 2791(c)(2) if the
benefits--
``(A) are provided under a separate policy, certificate, or
contract of insurance; or
``(B) are otherwise not an integral part of the plan.
``(2) Noncoordinated, excepted benefits.--The requirements
of subparts 1 and 2 shall not apply to any group health plan
(and group health insurance coverage offered in connection
with a group health plan) in relation to its provision of
excepted benefits described in section 2791(c)(3) if all of
the following conditions are met:
``(A) The benefits are provided under a separate policy,
certificate, or contract of insurance.
``(B) There is no coordination between the provision of
such benefits and any exclusion of benefits under any group
health plan maintained by the same plan sponsor.
``(C) Such benefits are paid with respect to an event
without regard to whether benefits are provided with respect
to such an event under any group health plan maintained by
the same plan sponsor.
``(3) Supplemental excepted benefits.--The requirements of
this part shall not apply to any group health plan (and group
health insurance coverage) in relation to its provision of
excepted benefits described in section 27971(c)(4) if the
benefits are provided under a separate policy, certificate,
or contract of insurance.
``(e) Treatment of Partnerships.--For purposes of this
part--
``(1) Treatment as a group health plan.--Any plan, fund, or
program which would not be (but for this subsection) an
employee welfare benefit plan and which is established or
maintained by a partnership, to the extent that such plan,
fund, or program provides medical care (including items and
services paid for as medical care) to present or former
partners in the partnership or to their dependents (as
defined under the terms of the plan, fund, or program),
directly or through insurance, reimbursement, or otherwise,
shall be treated (subject to paragraph (2)) as an employee
welfare benefit plan which is a group health plan.
``(2) Employer.--In the case of a group health plan, the
term `employer' also includes the partnership in relation to
any partner.
``(3) Participants of group health plans.--In the case of a
group health plan, the term `participant' also includes--
``(A) in connection with a group health plan maintained by
a partnership, an individual who is a partner in relation to
the partnership, or
``(B) in connection with a group health plan maintained by
a self-employed individual (under which one or more employees
are participants), the self-employed individual,
if such individual is, or may become, eligible to receive a
benefit under the plan or such individual's beneficiaries may
be eligible to receive any such benefit.
``SEC. 2722. ENFORCEMENT.
``(a) State Enforcement.--
``(1) State authority.--Subject to section 2723, each State
may require that health insurance issuers that issue, sell,
renew, or offer health insurance coverage in the State in the
small or large group markets meet the requirements of this
part with respect to such issuers.
``(2) Failure to implement provisions.--In the case of a
determination by the Secretary that a State has failed to
substantially enforce a provision (or provisions) in this
part with respect to health insurance issuers in the State,
the Secretary shall enforce such provision (or provisions)
under subsection (b) insofar as they relate to the issuance,
sale, renewal, and offering of health insurance coverage in
connection with group health plans in such State.
``(b) Secretarial Enforcement Authority.--
``(1) Limitation.--The provisions of this subsection shall
apply to enforcement of a provision (or provisions) of this
part only--
``(A) as provided under subsection (a)(2); and
``(B) with respect to group health plans that are
nonfederal governmental plans.
``(2) Imposition of penalties.--In the cases described in
paragraph (1)--
``(A) In general.--Subject to the succeeding provisions of
this subsection, any nonfederal governmental plan that is a
group health plan and any health insurance issuer that fails
to meet a provision of this part applicable to such plan or
issuer is subject to a civil money penalty under this
subsection.
``(B) Liability for penalty.--In the case of a failure by--
``(i) a health insurance issuer, the issuer is liable for
such penalty, or
``(ii) a group health plan that is a nonfederal
governmental plan which is--
``(I) sponsored by 2 or more employers, the plan is liable
for such penalty, or
``(II) not so sponsored, the employer is liable for such
penalty.
``(C) Amount of penalty.--
``(i) In general.--The maximum amount of penalty imposed
under this paragraph is $100 for each day for each individual
with respect to which such a failure occurs.
``(ii) Considerations in imposition.--In determining the
amount of any penalty to be assessed under this paragraph,
the Secretary shall take into account the previous record of
compliance of the entity being assessed with the applicable
provisions of this part and the gravity of the violation.
``(iii) Limitations.--
``(I) Penalty not to apply where failure not discovered
exercising reasonable diligence.--No civil money penalty
shall be imposed under this paragraph on any failure during
any period for which it is established to the satisfaction of
the Secretary that none of the entities against whom the
penalty would be imposed knew, or exercising reasonable
diligence would have known, that such failure existed.
``(II) Penalty not to apply to failures corrected within 30
days.--No civil money penalty shall be imposed under this
paragraph on any failure if such failure was due to
reasonable cause and not to willful neglect, and such failure
is corrected during the 30-day period beginning on the first
day any of the entities against whom the penalty would be
imposed knew, or exercising reasonable diligence would have
known, that such failure existed.
``(D) Administrative review.--
``(i) Opportunity for hearing.--The entity assessed shall
be afforded an opportunity for hearing by the Secretary upon
request made within 30 days after the date of the issuance of
a notice of assessment. In such hearing the decision shall be
made on the record pursuant to section 554 of title 5, United
States Code. If no hearing is requested, the assessment shall
constitute a final and unappealable order.
``(ii) Hearing procedure.--If a hearing is requested, the
initial agency decision shall be made by an administrative
law judge, and such decision shall become the final order
unless the Secretary modifies or vacates the decision. Notice
of intent to modify or vacate the decision of the
administrative law judge shall be issued to the parties
within 30 days after the date of the decision of the judge. A
final order which takes effect under this paragraph shall be
subject to review only as provided under subparagraph (E).
``(E) Judicial review.--
[[Page 1869]]
``(i) Filing of action for review.--Any entity against whom
an order imposing a civil money penalty has been entered
after an agency hearing under this paragraph may obtain
review by the United States district court for any district
in which such entity is located or the United States District
Court for the District of Columbia by filing a notice of
appeal in such court within 30 days from the date of such
order, and simultaneously sending a copy of such notice by
registered mail to the Secretary.
``(ii) Certification of administrative record.--The
Secretary shall promptly certify and file in such court the
record upon which the penalty was imposed.
``(iii) Standard for review.--The findings of the Secretary
shall be set aside only if found to be unsupported by
substantial evidence as provided by section 706(2)(E) of
title 5, United States Code.
``(iv) Appeal.--Any final decision, order, or judgment of
the district court concerning such review shall be subject to
appeal as provided in chapter 83 of title 28 of such Code.
``(F) Failure to pay assessment; maintenance of action.--
``(i) Failure to pay assessment.--If any entity fails to
pay an assessment after it has become a final and
unappealable order, or after the court has entered final
judgment in favor of the Secretary, the Secretary shall refer
the matter to the Attorney General who shall recover the
amount assessed by action in the appropriate United States
district court.
``(ii) Nonreviewability.--In such action the validity and
appropriateness of the final order imposing the penalty shall
not be subject to review.
``(G) Payment of penalties.--Except as otherwise provided,
penalties collected under this paragraph shall be paid to the
Secretary (or other officer) imposing the penalty and shall
be available without appropriation and until expended for the
purpose of enforcing the provisions with respect to which the
penalty was imposed.
``SEC. 2723. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.
``(a) Continued Applicability of State Law with Respect to
Health Insurance Issuers.--
``(1) In General.--Subject to paragraph (2) and except as
provided in subsection (b), this part and part C insofar as
it relates to this part shall not be construed to supersede
any provision of State law which establishes, implements, or
continues in effect any standard or requirement solely
relating to health insurance issuers in connection with group
health insurance coverage except to the extent that such
standard or requirement prevents the application of a
requirement of this part.
``(2) Continued preemption with respect to group health
plans.--Nothing in this part shall be construed to affect or
modify the provisions of section 514 of the Employee
Retirement Income Security Act of 1974 with respect to group
health plans.
``(b) Special Rules in Case of Portability Requirements.--
``(1) In general.--Subject to paragraph (2), the provisions
of this part relating to health insurance coverage offered by
a health insurance issuer supersede any provision of State
law which establishes, implements, or continues in effect a
standard or requirement applicable to imposition of a
preexisting condition exclusion specifically governed by
section 701 which differs from the standards or requirements
specified in such section.
``(2) Exceptions.--Only in relation to health insurance
coverage offered by a health insurance issuer, the provisions
of this part do not supersede any provision of State law to
the extent that such provision--
``(i) substitutes for the reference to `6-month period' in
section 2701(a)(1) a reference to any shorter period of time;
``(ii) substitutes for the reference to `12 months' and `18
months' in section 2701(a)(2) a reference to any shorter
period of time;
``(iii) substitutes for the references to `63' days in
sections 2701(c)(2)(A) and 2701(d)(4)(A) a reference to any
greater number of days;
``(iv) substitutes for the reference to `30-day period' in
sections 2701(b)(2) and 2701(d)(1) a reference to any greater
period;
``(v) prohibits the imposition of any preexisting condition
exclusion in cases not described in section 2701(d) or
expands the exceptions described in such section;
``(vi) requires special enrollment periods in addition to
those required under section 2701(f); or
``(vii) reduces the maximum period permitted in an
affiliation period under section 2701(g)(1)(B).
``(c) Rules of Construction.--Nothing in this part shall be
construed as requiring a group health plan or health
insurance coverage to provide specific benefits under the
terms of such plan or coverage.
``(d) Definitions.--For purposes of this section--
``(1) State law.--The term `State law' includes all laws,
decisions, rules, regulations, or other State action having
the effect of law, of any State. A law of the United States
applicable only to the District of Columbia shall be treated
as a State law rather than a law of the United States.
``(2) State.--The term `State' includes a State (including
the Northern Mariana Islands), any political subdivisions of
a State or such Islands, or any agency or instrumentality of
either.
``Part C--Definitions; Miscellaneous Provisions
``SEC. 2791. DEFINITIONS.
``(a) Group Health Plan.--
``(1) Definition.--The term `group health plan' means an
employee welfare benefit plan (as defined in section 3(1) of
the Employee Retirement Income Security Act of 1974) to the
extent that the plan provides medical care (as defined in
paragraph (2)) and including items and services paid for as
medical care) to employees or their dependents (as defined
under the terms of the plan) directly or through insurance,
reimbursement, or otherwise.
``(2) Medical care.--The term `medical care' means amounts
paid for--
``(A) the diagnosis, cure, mitigation, treatment, or
prevention of disease, or amounts paid for the purpose of
affecting any structure or function of the body,
``(B) amounts paid for transportation primarily for and
essential to medical care referred to in subparagraph (A),
and
``(C) amounts paid for insurance covering medical care
referred to in subparagraphs (A) and (B).
``(3) Treatment of certain plans as group health plan for
notice provision.--A program under which creditable coverage
described in subparagraph (C), (D), (E), or (F) of section
2701(c)(1) is provided shall be treated as a group health
plan for purposes of applying section 2701(e).
``(b) Definitions Relating to Health Insurance.--
``(1) Health insurance coverage.--The term `health
insurance coverage' means benefits consisting of medical care
(provided directly, through insurance or reimbursement, or
otherwise and including items and services paid for as
medical care) under any hospital or medical service policy or
certificate, hospital or medical service plan contract, or
health maintenance organization contract offered by a health
insurance issuer.
``(2) Health insurance issuer.--The term `health insurance
issuer' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization, as defined in paragraph (3)) which is licensed
to engage in the business of insurance in a State and which
is subject to State law which regulates insurance (within the
meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974). Such term does not include a
group health plan.
``(3) Health maintenance organization.--The term `health
maintenance organization' means--
``(A) a Federally qualified health maintenance organization
(as defined in section 1301(a)),
``(B) an organization recognized under State law as a
health maintenance organization, or
``(C) a similar organization regulated under State law for
solvency in the same manner and to the same extent as such a
health maintenance organization.
``(4) Group health insurance coverage.--The term `group
health insurance coverage' means, in connection with a group
health plan, health insurance coverage offered in connection
with such plan.
``(5) Individual health insurance coverage.--The term
`individual health insurance coverage' means health insurance
coverage offered to individuals in the individual market, but
does not include short-term limited duration insurance.
``(c) Excepted Benefits.--For purposes of this title, the
term `excepted benefits' means benefits under one or more (or
any combination thereof) of the following:
``(1) Benefits not subject to requirements.--
``(A) Coverage only for accident, or disability income
insurance, or any combination thereof.
``(B) Coverage issued as a supplement to liability
insurance.
``(C) Liability insurance, including general liability
insurance and automobile liability insurance.
``(D) Workers' compensation or similar insurance.
``(E) Automobile medical payment insurance.
``(F) Credit-only insurance.
``(G) Coverage for on-site medical clinics.
``(H) Other similar insurance coverage, specified in
regulations, under which benefits for medical care are
secondary or incidental to other insurance benefits.
``(2) Benefits not subject to requirements if offered
separately.--
``(A) Limited scope dental or vision benefits.
``(B) Benefits for long-term care, nursing home care, home
health care, community-based care, or any combination
thereof.
``(C) Such other similar, limited benefits as are specified
in regulations.
``(3) Benefits not subject to requirements if offered as
independent, noncoordinated benefits.--
``(A) Coverage only for a specified disease or illness.
``(B) Hospital indemnity or other fixed indemnity
insurance.
``(4) Benefits not subject to requirements if offered as
separate insurance policy.--Medicare supplemental health
insurance (as defined under section 1882(g)(1) of the Social
Security Act), coverage supplemental to the coverage provided
under chapter 55 of title 10, United States Code, and similar
supplemental coverage provided to coverage under a group
health plan.
``(d) Other Definitions.--
``(1) Applicable state authority.--The term `applicable
State authority' means, with respect to a health insurance
issuer in a State, the State insurance commissioner or
official or officials designated by the
[[Page 1870]]
State to enforce the requirements of this title for the State
involved with respect to such issuer.
``(2) Beneficiary.--The term `beneficiary' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974.
``(3) Bona fide association.--The term `bona fide
association' means, with respect to health insurance coverage
offered in a State, an association which--
``(A) has been actively in existence for at least 5 years;
``(B) has been formed and maintained in good faith for
purposes other than obtaining insurance;
``(C) does not condition membership in the association on
any health status-related factor relating to an individual
(including an employee of an employer or a dependent of an
employee);
``(D) makes health insurance coverage offered through the
association available to all members regardless of any health
status-related factor relating to such members (or
individuals eligible for coverage through a member);
``(E) does not make health insurance coverage offered
through the association available other than in connection
with a member of the association; and
``(F) meets such additional requirements as may be imposed
under State law.
``(4) COBRA continuation provision.--The term `COBRA
continuation provision' means any of the following:
``(A) Section 4980B of the Internal Revenue Code of 1986,
other than subsection (f)(1) of such section insofar as it
relates to pediatric vaccines.
``(B) Part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974, other than section
609 of such Act.
``(C) Title XXII of this Act.
``(5) Employee.--The term `employee' has the meaning given
such term under section 3(6) of the Employee Retirement
Income Security Act of 1974.
``(6) Employer.--The term `employer' has the meaning given
such term under section 3(5) of the Employee Retirement
Income Security Act of 1974, except that such term shall
include only employers of two or more employees.
``(7) Church plan.--The term `church plan' has the meaning
given such term under section 3(33) of the Employee
Retirement Income Security Act of 1974.
``(8) Governmental plan.--(A) The term `governmental plan'
has the meaning given such term under section 3(32) of the
Employee Retirement Income Security Act of 1974 and any
Federal governmental plan.
``(B) Federal governmental plan.--The term `Federal
governmental plan' means a governmental plan established or
maintained for its employees by the Government of the United
States or by any agency or instrumentality of such
Government.
``(C) Nonfederal governmental plan.--The term `nonfederal
governmental plan' means a governmental plan that is not a
Federal governmental plan.
``(9) Health status-related factor.--The term `health
status-related factor' means any of the factors described in
section 2702(a)(1).
``(10) Network plan.--The term `network plan' means health
insurance coverage of a health insurance issuer under which
the financing and delivery of medical care (including items
and services paid for as medical care) are provided, in whole
or in part, through a defined set of providers under contract
with the issuer.
``(11) Participant.--The term `participant' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974.
``(12) Placed for adoption defined.--The term `placement',
or being `placed', for adoption, in connection with any
placement for adoption of a child with any person, means the
assumption and retention by such person of a legal obligation
for total or partial support of such child in anticipation of
adoption of such child. The child's placement with such
person terminates upon the termination of such legal
obligation.
``(13) Plan sponsor.--The term `plan sponsor' has the
meaning given such term under section 3(16)(B) of the
Employee Retirement Income Security Act of 1974.
``(14) State.--The term `State' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``(e) Definitions Relating to Markets and Small
Employers.--For purposes of this title:
``(1) Individual market.--
``(A) In general.--The term `individual market' means the
market for health insurance coverage offered to individuals
other than in connection with a group health plan.
``(B) Treatment of very small groups.--
``(i) In general.--Subject to clause (ii), such terms
includes coverage offered in connection with a group health
plan that has fewer than two participants as current
employees on the first day of the plan year.
``(ii) State exception.--Clause (i) shall not apply in the
case of a State that elects to regulate the coverage
described in such clause as coverage in the small group
market.
``(2) Large employer.--The term `large employer' means, in
connection with a group health plan with respect to a
calendar year and a plan year, an employer who employed an
average of at least 51 employees on business days during the
preceding calendar year and who employs at least 2 employees
on the first day of the plan year.
``(3) Large group market.--The term `large group market'
means the health insurance market under which individuals
obtain health insurance coverage (directly or through any
arrangement) on behalf of themselves (and their dependents)
through a group health plan maintained by a large employer.
``(4) Small employer.--The term `small employer' means, in
connection with a group health plan with respect to a
calendar year and a plan year, an employer who employed an
average of at least 2 but not more than 50 employees on
business days during the preceding calendar year and who
employs at least 2 employees on the first day of the plan
year.
``(5) Small group market.--The term `small group market'
means the health insurance market under which individuals
obtain health insurance coverage (directly or through any
arrangement) on behalf of themselves (and their dependents)
through a group health plan maintained by a small employer.
``(6) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for employers.--all
persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 of the Internal Revenue Code
of 1986 shall be treated as 1 employer.
``(B) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination of whether such
employer is a small or large employer shall be based on the
average number of employees that it is reasonably expected
such employer will employ on business days in the current
calendar year.
``(C) Predecessors.--Any reference in this subsection to an
employer shall include a reference to any predecessor of such
employer.
``SEC. 2792. REGULATIONS.
``The Secretary, consistent with section 104 of the Health
Care Portability and Accountability Act of 1996, may
promulgate such regulations as may be necessary or
appropriate to carry out the provisions of this title. The
Secretary may promulgate any interim final rules as the
Secretary determines are appropriate to carry out this
title.''.
(b) Application of Rules by Certain Health Maintenance
Organizations.--Section 1301 of such Act (42 U.S.C. 300e) is
amended by adding at the end the following new subsection:
``(d) An organization that offers health benefits coverage
shall not be considered as failing to meet the requirements
of this section notwithstanding that it provides, with
respect to coverage offered in connection with a group health
plan in the small or large group market (as defined in
section 2791(e)), an affiliation period consistent with the
provisions of section 2701(g).''.
(c) Effective Date.--
(1) In general.--Except as provided in this subsection,
part A of title XXVII of the Public Health Service Act (as
added by subsection (a)) shall apply with respect to group
health plans, and health insurance coverage offered in
connection with group health plans, for plan years beginning
after June 30, 1997.
(2) Determination of creditable coverage.--
(A) Period of coverage.--
(i) In general.--Subject to clause (ii), no period before
July 1, 1996, shall be taken into account under part A of
title XXVII of the Public Health Service Act (as added by
this section) in determining creditable coverage.
(ii) Special rule for certain periods.--The Secretary of
Health and Human Services, consistent with section 104, shall
provide for a process whereby individuals who need to
establish creditable coverage for periods before July 1,
1996, and who would have such coverage credited but for
clause (i) may be given credit for creditable coverage for
such periods through the presentation of documents or other
means.
(B) Certifications, etc.--
(i) In general.--Subject to clauses (ii) and (iii),
subsection (e) of section 2701 of the Public Health Service
Act (as added by this section) shall apply to events
occurring after June 30, 1996.
(ii) No certification required to be provided before june
1, 1997.--In no case is a certification required to be
provided under such subsection before June 1, 1997.
(iii) Certification only on written request for events
occurring before october 1, 1996.--In the case of an event
occurring after June 30, 1996, and before October 1, 1996, a
certification is not required to be provided under such
subsection unless an individual (with respect to whom the
certification is otherwise required to be made) requests such
certification in writing.
(C) Transitional rule.--In the case of an individual who
seeks to establish creditable coverage for any period for
which certification is not required because it relates to an
event occurring before June 30, 1996--
(i) the individual may present other credible evidence of
such coverage in order to establish the period of creditable
coverage; and
(ii) a group health plan and a health insurance issuer
shall not be subject to any penalty or enforcement action
with respect to the plan's or issuer's crediting (or not
crediting) such coverage if the plan or issuer has sought to
comply in good faith with the applicable requirements under
the amendments made by this section.
[[Page 1871]]
(3) Special rule for collective bargaining agreements.--
Except as provided in paragraph (2)(B), in the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
one or more employers ratified before the date of the
enactment of this Act, part A of title XXVII of the Public
Health Service Act (other than section 2701(e) thereof) shall
not apply to plan years beginning before the later of--
(A) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of the enactment of this Act), or
(B) July 1, 1997.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement of such part shall not be treated as a
termination of such collective bargaining agreement.
(4) Timely regulations.--The Secretary of Health and Human
Services, consistent with section 104, shall first issue by
not later than April 1, 1997, such regulations as may be
necessary to carry out the amendments made by this section
and section 111.
(5) Limitation on actions.--No enforcement action shall be
taken, pursuant to the amendments made by this section,
against a group health plan or health insurance issuer with
respect to a violation of a requirement imposed by such
amendments before January 1, 1998, or, if later, the date of
issuance of regulations referred to in paragraph (4), if the
plan or issuer has sought to comply in good faith with such
requirements.
(d) Miscellaneous Correction.--Section 2208(1) of the
Public Health Service Act (42 U.S.C. 300bb-8(1)) is amended
by striking ``section 162(i)(2)'' and inserting ``5000(b)''.
SEC. 103. REFERENCE TO IMPLEMENTATION THROUGH THE INTERNAL
REVENUE CODE OF 1986.
For provisions amending the Internal Revenue Code of 1986
to provide for application and enforcement of rules for group
health plans similar to those provided under the amendments
made by section 101(a), see section 401.
SEC. 104. ASSURING COORDINATION.
The Secretary of the Treasury, the Secretary of Health and
Human Services, and the Secretary of Labor shall ensure,
through the execution of an interagency memorandum of
understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two
or more such Secretaries have responsibility under this
subtitle (and the amendments made by this subtitle and
section 401) are administered so as to have the same effect
at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement.
Subtitle B--Individual Market Rules
SEC. 111. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
(a) In General.--Title XXVII of the Public Health Service
Act, as added by section 102(a) of this Act, is amended by
inserting after part A the following new part:
``Part B--Individual Market Rules
``SEC. 2741. GUARANTEED AVAILABILITY OF INDIVIDUAL HEALTH
INSURANCE COVERAGE TO CERTAIN INDIVIDUALS WITH
PRIOR GROUP COVERAGE.
``(a) Guaranteed Availability.--
``(1) In general.--Subject to the succeeding subsections of
this section and section 2744, each health insurance issuer
that offers health insurance coverage (as defined in section
2791(b)(1)) in the individual market in a State may not, with
respect to an eligible individual (as defined in subsection
(b)) desiring to enroll in individual health insurance
coverage--
``(A) decline to offer such coverage to, or deny enrollment
of, such individual; or
``(B) impose any preexisting condition exclusion (as
defined in section 2701(b)(1)(A)) with respect to such
coverage.
``(2) Substitution by state of acceptable alternative
mechanism.--The requirement of paragraph (1) shall not apply
to health insurance coverage offered in the individual market
in a State in which the State is implementing an acceptable
alternative mechanism under section 2744.
``(b) Eligible Individual Defined.--In this part, the term
`eligible individual' means an individual--
``(1)(A) for whom, as of the date on which the individual
seeks coverage under this section, the aggregate of the
periods of creditable coverage (as defined in section
2701(c)) is 18 or more months and (B) whose most recent prior
creditable coverage was under a group health plan,
governmental plan, or church plan (or health insurance
coverage offered in connection with any such plan);
``(2) who is not eligible for coverage under (A) a group
health plan, (B) part A or part B of title XVIII of the
Social Security Act, or (C) a State plan under title XIX of
such Act (or any successor program), and does not have other
health insurance coverage;
``(3) with respect to whom the most recent coverage within
the coverage period described in paragraph (1)(A) was not
terminated based on a factor described in paragraph (1) or
(2) of section 2712(b) (relating to nonpayment of premiums or
fraud);
``(4) if the individual had been offered the option of
continuation coverage under a COBRA continuation provision or
under a similar State program, who elected such coverage; and
``(5) who, if the individual elected such continuation
coverage, has exhausted such continuation coverage under such
provision or program.
``(c) Alternative Coverage Permitted Where No State
Mechanism.--
``(1) In general.--In the case of health insurance coverage
offered in the individual market in a State in which the
State is not implementing an acceptable alternative mechanism
under section 2744, the health insurance issuer may elect to
limit the coverage offered under subsection (a) so long as it
offers at least two different policy forms of health
insurance coverage both of which--
``(A) are designed for, made generally available to, and
actively marketed to, and enroll both eligible and other
individuals by the issuer; and
``(B) meet the requirement of paragraph (2) or (3), as
elected by the issuer.
For purposes of this subsection, policy forms which have
different cost-sharing arrangements or different riders shall
be considered to be different policy forms.
``(2) Choice of most popular policy forms.--The requirement
of this paragraph is met, for health insurance coverage
policy forms offered by an issuer in the individual market,
if the issuer offers the policy forms for individual health
insurance coverage with the largest, and next to largest,
premium volume of all such policy forms offered by the issuer
in the State or applicable marketing or service area (as may
be prescribed in regulation) by the issuer in the individual
market in the period involved.
``(3) Choice of 2 policy forms with representative
coverage.--
``(A) In general.--The requirement of this paragraph is
met, for health insurance coverage policy forms offered by an
issuer in the individual market, if the issuer offers a
lower-level coverage policy form (as defined in subparagraph
(B)) and a higher-level coverage policy form (as defined in
subparagraph (C)) each of which includes benefits
substantially similar to other individual health insurance
coverage offered by the issuer in that State and each of
which is covered under a method described in section
2744(c)(3)(A) (relating to risk adjustment, risk spreading,
or financial subsidization).
``(B) Lower-level of coverage described.--A policy form is
described in this subparagraph if the actuarial value of the
benefits under the coverage is at least 85 percent but not
greater than 100 percent of a weighted average (described in
subparagraph (D)).
``(C) Higher-level of coverage described.--A policy form is
described in this subparagraph if--
``(i) the actuarial value of the benefits under the
coverage is at least 15 percent greater than the actuarial
value of the coverage described in subparagraph (B) offered
by the issuer in the area involved; and
``(ii) the actuarial value of the benefits under the
coverage is at least 100 percent but not greater than 120
percent of a weighted average (described in subparagraph
(D)).
``(D) Weighted average.--For purposes of this paragraph,
the weighted average described in this subparagraph is the
average actuarial value of the benefits provided by all the
health insurance coverage issued (as elected by the issuer)
either by that issuer or by all issuers in the State in the
individual market during the previous year (not including
coverage issued under this section), weighted by enrollment
for the different coverage.
``(4) Election.--The issuer elections under this subsection
shall apply uniformly to all eligible individuals in the
State for that issuer. Such an election shall be effective
for policies offered during a period of not shorter than 2
years.
``(5) Assumptions.--For purposes of paragraph (3), the
actuarial value of benefits provided under individual health
insurance coverage shall be calculated based on a
standardized population and a set of standardized utilization
and cost factors.
``(d) Special Rules for Network Plans.--
``(1) In general.--In the case of a health insurance issuer
that offers health insurance coverage in the individual
market through a network plan, the issuer may--
``(A) limit the individuals who may be enrolled under such
coverage to those who live, reside, or work within the
service area for such network plan; and
``(B) within the service area of such plan, deny such
coverage to such individuals if the issuer has demonstrated,
if required, to the applicable State authority that--
``(i) it will not have the capacity to deliver services
adequately to additional individual enrollees because of its
obligations to existing group contract holders and enrollees
and individual enrollees, and
``(ii) it is applying this paragraph uniformly to
individuals without regard to any health status-related
factor of such individuals and without regard to whether the
individuals are eligible individuals.
``(2) 180-day suspension upon denial of coverage.--An
issuer, upon denying health insurance coverage in any service
area in accordance with paragraph (1)(B), may not offer
coverage in the individual market within such service area
for a period of 180 days after such coverage is denied.
``(e) Application of Financial Capacity Limits.--
[[Page 1872]]
``(1) In general.--A health insurance issuer may deny
health insurance coverage in the individual market to an
eligible individual if the issuer has demonstrated, if
required, to the applicable State authority that--
``(A) it does not have the financial reserves necessary to
underwrite additional coverage; and
``(B) it is applying this paragraph uniformly to all
individuals in the individual market in the State consistent
with applicable State law and without regard to any health
status-related factor of such individuals and without regard
to whether the individuals are eligible individuals.
``(2) 180-day suspension upon denial of coverage.--An
issuer upon denying individual health insurance coverage in
any service area in accordance with paragraph (1) may not
offer such coverage in the individual market within such
service area for a period of 180 days after the date such
coverage is denied or until the issuer has demonstrated, if
required under applicable State law, to the applicable State
authority that the issuer has sufficient financial reserves
to underwrite additional coverage, whichever is later. A
State may provide for the application of this paragraph on a
service-area-specific basis.
``(e) Market Requirements.--
``(1) In general.--The provisions of subsection (a) shall
not be construed to require that a health insurance issuer
offering health insurance coverage only in connection with
group health plans or through one or more bona fide
associations, or both, offer such health insurance coverage
in the individual market.
``(2) Conversion policies.--A health insurance issuer
offering health insurance coverage in connection with group
health plans under this title shall not be deemed to be a
health insurance issuer offering individual health insurance
coverage solely because such issuer offers a conversion
policy.
``(f) Construction.--Nothing in this section shall be
construed--
``(1) to restrict the amount of the premium rates that an
issuer may charge an individual for health insurance coverage
provided in the individual market under applicable State law;
or
``(2) to prevent a health insurance issuer offering health
insurance coverage in the individual market from establishing
premium discounts or rebates or modifying otherwise
applicable copayments or deductibles in return for adherence
to programs of health promotion and disease prevention.
``SEC. 2742. GUARANTEED RENEWABILITY OF INDIVIDUAL HEALTH
INSURANCE COVERAGE.
``(a) In General.--Except as provided in this section, a
health insurance issuer that provides individual health
insurance coverage to an individual shall renew or continue
in force such coverage at the option of the individual.
``(b) General Exceptions.--A health insurance issuer may
nonrenew or discontinue health insurance coverage of an
individual in the individual market based only on one or more
of the following:
``(1) Nonpayment of premiums.--The individual has failed to
pay premiums or contributions in accordance with the terms of
the health insurance coverage or the issuer has not received
timely premium payments.
``(2) Fraud.--The individual has performed an act or
practice that constitutes fraud or made an intentional
misrepresentation of material fact under the terms of the
coverage.
``(3) Termination of plan.--The issuer is ceasing to offer
coverage in the individual market in accordance with
subsection (c) and applicable State law.
``(4) Movement outside service area.--In the case of a
health insurance issuer that offers health insurance coverage
in the market through a network plan, the individual no
longer resides, lives, or works in the service area (or in an
area for which the issuer is authorized to do business) but
only if such coverage is terminated under this paragraph
uniformly without regard to any health status-related factor
of covered individuals.
``(5) Association membership ceases.--In the case of health
insurance coverage that is made available in the individual
market only through one or more bona fide associations, the
membership of the individual in the association (on the basis
of which the coverage is provided) ceases but only if such
coverage is terminated under this paragraph uniformly without
regard to any health status-related factor of covered
individuals.
``(c) Requirements for Uniform Termination of Coverage.--
``(1) Particular type of coverage not offered.--In any case
in which an issuer decides to discontinue offering a
particular type of health insurance coverage offered in the
individual market, coverage of such type may be discontinued
by the issuer only if--
``(A) the issuer provides notice to each covered individual
provided coverage of this type in such market of such
discontinuation at least 90 days prior to the date of the
discontinuation of such coverage;
``(B) the issuer offers to each individual in the
individual market provided coverage of this type, the option
to purchase any other individual health insurance coverage
currently being offered by the issuer for individuals in such
market; and
``(C) in exercising the option to discontinue coverage of
this type and in offering the option of coverage under
subparagraph (B), the issuer acts uniformly without regard to
any health status-related factor of enrolled individuals or
individuals who may become eligible for such coverage.
``(2) Discontinuance of all coverage.--
``(A) In general.--Subject to subparagraph (C), in any case
in which a health insurance issuer elects to discontinue
offering all health insurance coverage in the individual
market in a State, health insurance coverage may be
discontinued by the issuer only if--
``(i) the issuer provides notice to the applicable State
authority and to each individual of such discontinuation at
least 180 days prior to the date of the expiration of such
coverage, and
``(ii) all health insurance issued or delivered for
issuance in the State in such market are discontinued and
coverage under such health insurance coverage in such market
is not renewed.
``(B) Prohibition on market reentry.--In the case of a
discontinuation under subparagraph (A) in the individual
market, the issuer may not provide for the issuance of any
health insurance coverage in the market and State involved
during the 5-year period beginning on the date of the
discontinuation of the last health insurance coverage not so
renewed.
``(d) Exception for Uniform Modification of Coverage.--At
the time of coverage renewal, a health insurance issuer may
modify the health insurance coverage for a policy form
offered to individuals in the individual market so long as
such modification is consistent with State law and effective
on a uniform basis among all individuals with that policy
form.
``(e) Application to Coverage Offered Only Through
Associations.--In applying this section in the case of health
insurance coverage that is made available by a health
insurance issuer in the individual market to individuals only
through one or more associations, a reference to an
`individual' is deemed to include a reference to such an
association (of which the individual is a member).
``SEC. 2743. CERTIFICATION OF COVERAGE.
``The provisions of section 2701(e) shall apply to health
insurance coverage offered by a health insurance issuer in
the individual market in the same manner as it applies to
health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or
large group market.
``SEC. 2744. STATE FLEXIBILITY IN INDIVIDUAL MARKET REFORMS.
``(a) Waiver of Requirements Where Implementation of
Acceptable Alternative Mechanism.--
``(1) In general.--The requirements of section 2741 shall
not apply with respect to health insurance coverage offered
in the individual market in the State so long as a State is
found to be implementing, in accordance with this section and
consistent with section 2746(b), an alternative mechanism (in
this section referred to as an `acceptable alternative
mechanism')--
``(A) under which all eligible individuals are provided a
choice of health insurance coverage;
``(B) under which such coverage does not impose any
preexisting condition exclusion with respect to such
coverage;
``(C) under which such choice of coverage includes at least
one policy form of coverage that is comparable to
comprehensive health insurance coverage offered in the
individual market in such State or that is comparable to a
standard option of coverage available under the group or
individual health insurance laws of such State; and
``(D) in a State which is implementing--
``(i) a model act described in subsection (c)(1),
``(ii) a qualified high risk pool described in subsection
(c)(2), or
``(iii) a mechanism described in subsection (c)(3).
``(2) Permissible Forms of mechanisms.--A private or public
individual health insurance mechanism (such as a health
insurance coverage pool or programs, mandatory group
conversion policies, guaranteed issue of one or more plans of
individual health insurance coverage, or open enrollment by
one or more health insurance issuers), or combination of such
mechanisms, that is designed to provide access to health
benefits for individuals in the individual market in the
State in accordance with this section may constitute an
acceptable alternative mechanism.
``(b) Application of Acceptable Alternative Mechanisms.--
``(1) Presumption.--
``(A) In general.--Subject to the succeeding provisions of
this subsection, a State is presumed to be implementing an
acceptable alternative mechanism in accordance with this
section as of July 1, 1997, if, by not later than April 1,
1997, the chief executive officer of a State--
``(i) notifies the Secretary that the State has enacted or
intends to enact (by not later than January 1, 1998, or July
1, 1998, in the case of a State described in subparagraph
(B)(ii)) any necessary legislation to provide for the
implementation of a mechanism reasonably designed to be an
acceptable alternative mechanism as of January 1, 1998, (or,
in the case of a State described in subparagraph (B)(ii),
July 1, 1998); and
``(ii) provides the Secretary with such information as the
Secretary may require to review the mechanism and its
implementation (or proposed implementation) under this
subsection.
``(B) Delay permitted for certain states.--
``(i) Effect of delay.--In the case of a State described in
clause (ii) that provides
[[Page 1873]]
notice under subparagraph (A)(i), for the presumption to
continue on and after July 1, 1998, the chief executive
officer of the State by April 1, 1998--
``(I) must notify the Secretary that the State has enacted
any necessary legislation to provide for the implementation
of a mechanism reasonably designed to be an acceptable
alternative mechanism as of July 1, 1998; and
``(II) must provide the Secretary with such information as
the Secretary may require to review the mechanism and its
implementation (or proposed implementation) under this
subsection.
``(ii) States described.--A State described in this clause
is a State that has a legislature that does not meet within
the 12-month period beginning on the date of enactment of
this Act.
``(C) Continued application.--In order for a mechanism to
continue to be presumed to be an acceptable alternative
mechanism, the State shall provide the Secretary every 3
years with information described in subparagraph (A)(ii) or
(B)(i)(II) (as the case may be).
``(2) Notice.--If the Secretary finds, after review of
information provided under paragraph (1) and in consultation
with the chief executive officer of the State and the
insurance commissioner or chief insurance regulatory official
of the State, that such a mechanism is not an acceptable
alternative mechanism or is not (or no longer) being
implemented, the Secretary--
``(A) shall notify the State of--
``(i) such preliminary determination, and
``(ii) the consequences under paragraph (3) of a failure to
implement such a mechanism; and
``(B) shall permit the State a reasonable opportunity in
which to modify the mechanism (or to adopt another mechanism)
in a manner so that may be an acceptable alternative
mechanism or to provide for implementation of such a
mechanism.
``(3) Final determination.--If, after providing notice and
opportunity under paragraph (2), the Secretary finds that the
mechanism is not an acceptable alternative mechanism or the
State is not implementing such a mechanism, the Secretary
shall notify the State that the State is no longer considered
to be implementing an acceptable alternative mechanism and
that the requirements of section 2741 shall apply to health
insurance coverage offered in the individual market in the
State, effective as of a date specified in the notice.
``(4) Limitation on secretarial authority.--The Secretary
shall not make a determination under paragraph (2) or (3) on
any basis other than the basis that a mechanism is not an
acceptable alternative mechanism or is not being implemented.
``(5) Future adoption of mechanisms.--If a State, after
January 1, 1997, submits the notice and information described
in paragraph (1), unless the Secretary makes a finding
described in paragraph (3) within the 90-day period beginning
on the date of submission of the notice and information, the
mechanism shall be considered to be an acceptable alternative
mechanism for purposes of this section, effective 90 days
after the end of such period, subject to the second sentence
of paragraph (1).
``(c) Provision Related to Risk.--
``(1) Adoption of naic models.--The model act referred to
in subsection (a)(1)(D)(i) is the Small Employer and
Individual Health Insurance Availability Model Act (adopted
by the National Association of Insurance Commissioners on
June 3, 1996) insofar as it applies to individual health
insurance coverage or the Individual Health Insurance
Portability Model Act (also adopted by such Association on
such date).
``(2) Qualified high risk pool.--For purposes of subsection
(a)(1)(D)(ii), a `qualified high risk pool' described in this
paragraph is a high risk pool that--
``(A) provides to all eligible individuals health insurance
coverage (or comparable coverage) that does not impose any
preexisting condition exclusion with respect to such coverage
for all eligible individuals, and
``(B) provides for premium rates and covered benefits for
such coverage consistent with standards included in the NAIC
Model Health Plan for Uninsurable Individuals Act (as in
effect as of the date of the enactment of this title).
``(3) Other mechanisms.--For purposes of subsection
(a)(1)(D)(iii), a mechanism described in this paragraph--
``(A) provides for risk adjustment, risk spreading, or a
risk spreading mechanism (among issuers or policies of an
issuer) or otherwise provides for some financial
subsidization for eligible individuals, including through
assistance to participating issuers; or
``(B) is a mechanism under which each eligible individual
is provided a choice of all individual health insurance
coverage otherwise available.
``SEC. 2745. ENFORCEMENT.
``(a) State Enforcement.--
``(1) State authority.--Subject to section 2746, each State
may require that health insurance issuers that issue, sell,
renew, or offer health insurance coverage in the State in the
individual market meet the requirements established under
this part with respect to such issuers.
``(2) Failure to implement requirements.--In the case of a
State that fails to substantially enforce the requirements
set forth in this part with respect to health insurance
issuers in the State, the Secretary shall enforce the
requirements of this part under subsection (b) insofar as
they relate to the issuance, sale, renewal, and offering of
health insurance coverage in the individual market in such
State.
``(b) Secretarial Enforcement Authority.--The Secretary
shall have the same authority in relation to enforcement of
the provisions of this part with respect to issuers of health
insurance coverage in the individual market in a State as the
Secretary has under section 2722(b)(2) in relation to the
enforcement of the provisions of part A with respect to
issuers of health insurance coverage in the small group
market in the State.
``SEC. 2746. PREEMPTION.
``(a) In General.--Subject to subsection (b), nothing in
this part (or part C insofar as it applies to this part)
shall be construed to prevent a State from establishing,
implementing, or continuing in effect standards and
requirements unless such standards and requirements prevent
the application of a requirement of this part.
``(b) Rules of Construction.--Nothing in this part (or part
C insofar as it applies to this part) shall be construed to
affect or modify the provisions of section 514 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1144).
``SEC. 2747. GENERAL EXCEPTIONS.
``(a) Exception for Certain Benefits.--The requirements of
this part shall not apply to any health insurance coverage in
relation to its provision of excepted benefits described in
section 2791(c)(1).
``(b) Exception for Certain Benefits If Certain Conditions
Met.--The requirements of this part shall not apply to any
health insurance coverage in relation to its provision of
excepted benefits described in paragraph (2), (3), or (4) of
section 2791(c) if the benefits are provided under a separate
policy, certificate, or contract of insurance.''.
(b) Effective Date.--
(1) In general.--Except as provided in this subsection,
part B of title XXVII of the Public Health Service Act (as
inserted by subsection (a)) shall apply with respect to
health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market after June 30,
1997, regardless of when a period of creditable coverage
occurs.
(2) Application of certification rules.--The provisions of
section 102(d)(2) of this Act shall apply to section 2743 of
the Public Health Service Act in the same manner as it
applies to section 2701(e) of such Act.
Subtitle C--General and Miscellaneous Provisions
SEC. 191. HEALTH COVERAGE AVAILABILITY STUDIES.
(a) Studies.--
(1) Study on effectiveness of reforms.--The Secretary of
Health and Human Services shall provide for a study on the
effectiveness of the provisions of this title and the various
State laws, in ensuring the availability of reasonably priced
health coverage to employers purchasing group coverage and
individuals purchasing coverage on a non-group basis.
(2) Study on access and choice.--The Secretary also shall
provide for a study on--
(A) the extent to which patients have direct access to, and
choice of, health care providers, including specialty
providers, within a network plan, as well as the opportunity
to utilize providers outside of the network plan, under the
various types of coverage offered under the provisions of
this title; and
(B) the cost and cost-effectiveness to health insurance
issuers of providing access to out-of-network providers, and
the potential impact of providing such access on the cost and
quality of health insurance coverage offered under provisions
of this title.
(3) Consultation.--The studies under this subsection shall
be conducted in consultation with the Secretary of Labor,
representatives of State officials, consumers, and other
representatives of individuals and entities that have
expertise in health insurance and employee benefits.
(b) Reports.--Not later than January 1, 2000, the Secretary
shall submit to the appropriate committees of Congress a
report on each of the studies under subsection (a).
SEC. 192. REPORT ON MEDICARE REIMBURSEMENT OF TELEMEDICINE.
The Health Care Financing Administration shall complete its
ongoing study of medicare reimbursement of all telemedicine
services and submit a report to Congress on medicare
reimbursement of telemedicine services by not later than
March 1, 1997. The report shall--
(1) utilize data compiled from the current demonstration
projects already under review and gather data from other
ongoing telemedicine networks;
(2) include an analysis of the cost of services provided
via telemedicine; and
(3) include a proposal for medicare reimbursement of such
services.
SEC. 193. ALLOWING FEDERALLY-QUALIFIED HMOS TO OFFER HIGH
DEDUCTIBLE PLANS.
Section 1301(b) of the Public Health Service Act (42 U.S.C.
300e(b)) is amended by adding at the end the following new
paragraph:
``(6) A health maintenance organization that otherwise
meets the requirements of this title may offer a high-
deductible health plan (as defined in section 220(c)(2) of
the Internal Revenue Code of 1986).''.
SEC. 194. VOLUNTEER SERVICES PROVIDED BY HEALTH PROFESSIONALS
AT FREE CLINICS.
Section 224 of the Public Health Service Act (42 U.S.C.
233) is amended by adding at the end the following
subsection:
[[Page 1874]]
``(o)(1) For purposes of this section, a free clinic health
professional shall in providing a qualifying health service
to an individual be deemed to be an employee of the Public
Health Service for a calendar year that begins during a
fiscal year for which a transfer was made under paragraph
(6)(D). The preceding sentence is subject to the provisions
of this subsection.
``(2) In providing a health service to an individual, a
health care practitioner shall for purposes of this
subsection be considered to be a free clinic health
professional if the following conditions are met:
``(A) The service is provided to the individual at a free
clinic, or through offsite programs or events carried out by
the free clinic.
``(B) The free clinic is sponsoring the health care
practitioner pursuant to paragraph (5)(C).
``(C) The service is a qualifying health service (as
defined in paragraph (4)).
``(D) Neither the health care practitioner nor the free
clinic receives any compensation for the service from the
individual or from any third-party payor (including
reimbursement under any insurance policy or health plan, or
under any Federal or State health benefits program). With
respect to compliance with such condition:
``(i) The health care practitioner may receive repayment
from the free clinic for reasonable expenses incurred by the
health care practitioner in the provision of the service to
the individual.
``(ii) The free clinic may accept voluntary donations for
the provision of the service by the health care practitioner
to the individual.
``(E) Before the service is provided, the health care
practitioner or the free clinic provides written notice to
the individual of the extent to which the legal liability of
the health care practitioner is limited pursuant to this
subsection (or in the case of an emergency, the written
notice is provided to the individual as soon after the
emergency as is practicable). If the individual is a minor or
is otherwise legally incompetent, the condition under this
subparagraph is that the written notice be provided to a
legal guardian or other person with legal responsibility for
the care of the individual.
``(F) At the time the service is provided, the health care
practitioner is licensed or certified in accordance with
applicable law regarding the provision of the service.
``(3)(A) For purposes of this subsection, the term `free
clinic' means a health care facility operated by a nonprofit
private entity meeting the following requirements:
``(i) The entity does not, in providing health services
through the facility, accept reimbursement from any third-
party payor (including reimbursement under any insurance
policy or health plan, or under any Federal or State health
benefits program).
``(ii) The entity, in providing health services through the
facility, either does not impose charges on the individuals
to whom the services are provided, or imposes a charge
according to the ability of the individual involved to pay
the charge.
``(iii) The entity is licensed or certified in accordance
with applicable law regarding the provision of health
services.
``(B) With respect to compliance with the conditions under
subparagraph (A), the entity involved may accept voluntary
donations for the provision of services.
``(4) For purposes of this subsection, the term `qualifying
health service' means any medical assistance required or
authorized to be provided in the program under title XIX of
the Social Security Act, without regard to whether the
medical assistance is included in the plan submitted under
such program by the State in which the health care
practitioner involved provides the medical assistance.
References in the preceding sentence to such program shall as
applicable be considered to be references to any successor to
such program.
``(5) Subsection (g) (other than paragraphs (3) through
(5)) and subsections (h), (i), and (l) apply to a health care
practitioner for purposes of this subsection to the same
extent and in the same manner as such subsections apply to an
officer, governing board member, employee, or contractor of
an entity described in subsection (g)(4), subject to
paragraph (6) and subject to the following:
``(A) The first sentence of paragraph (1) applies in lieu
of the first sentence of subsection (g)(1)(A).
``(B) This subsection may not be construed as deeming any
free clinic to be an employee of the Public Health Service
for purposes of this section.
``(C) With respect to a free clinic, a health care
practitioner is not a free clinic health professional unless
the free clinic sponsors the health care practitioner. For
purposes of this subsection, the free clinic shall be
considered to be sponsoring the health care practitioner if--
``(i) with respect to the health care practitioner, the
free clinic submits to the Secretary an application meeting
the requirements of subsection (g)(1)(D); and
``(ii) the Secretary, pursuant to subsection (g)(1)(E),
determines that the health care practitioner is deemed to be
an employee of the Public Health Service.
``(D) In the case of a health care practitioner who is
determined by the Secretary pursuant to subsection (g)(1)(E)
to be a free clinic health professional, this subsection
applies to the health care practitioner (with respect to the
free clinic sponsoring the health care practitioner pursuant
to subparagraph C)) for any cause of action arising from an
act or omission of the health care practitioner occurring on
or after the date on which the Secretary makes such
determination.
``(E) Subsection (g)(1)(F) applies to a health care
practitioner for purposes of this subsection only to the
extent that, in providing health services to an individual,
each of the conditions specified in paragraph (2) is met.
``(6)(A) For purposes of making payments for judgments
against the United States (together with related fees and
expenses of witnesses) pursuant to this section arising from
the acts or omissions of free clinic health professionals,
there is authorized to be appropriated $10,000,000 for each
fiscal year.
``(B) The Secretary shall establish a fund for purposes of
this subsection. Each fiscal year amounts appropriated under
subparagraph (A) shall be deposited in such fund.
``(C) Not later than May 1 of each fiscal year, the
Attorney General, in consultation with the Secretary, shall
submit to the Congress a report providing an estimate of the
amount of claims (together with related fees and expenses of
witnesses) that, by reason of the acts or omissions of free
clinic health professionals, will be paid pursuant to this
section during the calendar year that begins in the following
fiscal year. Subsection (k)(1)(B) applies to the estimate
under the preceding sentence regarding free clinic health
professionals to the same extent and in the same manner as
such subsection applies to the estimate under such subsection
regarding officers, governing board members, employees, and
contractors of entities described in subsection (g)(4).
``(D) Not later than December 31 of each fiscal year, the
Secretary shall transfer from the fund under subparagraph (B)
to the appropriate accounts in the Treasury an amount equal
to the estimate made under subparagraph (C) for the calendar
year beginning in such fiscal year, subject to the extent of
amounts in the fund.
``(7)(A) This subsection takes effect on the date of the
enactment of the first appropriations Act that makes an
appropriation under paragraph (6)(A), except as provided in
subparagraph (B)(i).
``(B)(i) Effective on the date of the enactment of the
Health Insurance Portability and Accountability Act of 1996--
``(I) the Secretary may issue regulations for carrying out
this subsection, and the Secretary may accept and consider
applications submitted pursuant to paragraph (5)(C); and
``(II) reports under paragraph (6)(C) may be submitted to
the Congress.
``(ii) For the first fiscal year for which an appropriation
is made under subparagraph (A) of paragraph (6), if an
estimate under subparagraph (C) of such paragraph has not
been made for the calendar year beginning in such fiscal
year, the transfer under subparagraph (D) of such paragraph
shall be made notwithstanding the lack of the estimate, and
the transfer shall be made in an amount equal to the amount
of such appropriation.''.
SEC. 195. FINDINGS; SEVERABILITY.
(a) Findings Relating to Exercise of Commerce Clause
Authority.--Congress finds the following in relation to the
provisions of this title:
(1) Provisions in group health plans and health insurance
coverage that impose certain preexisting condition exclusions
impact the ability of employees to seek employment in
interstate commerce, thereby impeding such commerce.
(2) Health insurance coverage is commercial in nature and
is in and affects interstate commerce.
(3) It is a necessary and proper exercise of Congressional
authority to impose requirements under this title on group
health plans and health insurance coverage (including
coverage offered to individuals previously covered under
group health plans) in order to promote commerce among the
States.
(4) Congress, however, intends to defer to States, to the
maximum extent practicable, in carrying out such requirements
with respect to insurers and health maintenance organizations
that are subject to State regulation, consistent with the
provisions of the Employee Retirement Income Security Act of
1974.
(b) Severability.--If any provision of this title or the
application of such provision to any person or circumstance
is held to be unconstitutional, the remainder of this title
and the application of the provisions of such to any person
or circumstance shall not be affected thereby.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE
SIMPLIFICATION
SEC. 200. REFERENCES IN TITLE.
Except as otherwise specifically provided, whenever in this
title an amendment is expressed in terms of an amendment to
or repeal of a section or other provision, the reference
shall be considered to be made to that section or other
provision of the Social Security Act.
Subtitle A--Fraud and Abuse Control Program
SEC. 201. FRAUD AND ABUSE CONTROL PROGRAM.
(a) Establishment of Program.--Title XI (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1128B the
following new section:
``fraud and abuse control program
``Sec. 1128C. (a) Establishment of Program.--
``(1) In general.--Not later than January 1, 1997, the
Secretary, acting through the Office of the Inspector General
of the Depart
[[Page 1875]]
ment of Health and Human Services, and the Attorney General
shall establish a program--
``(A) to coordinate Federal, State, and local law
enforcement programs to control fraud and abuse with respect
to health plans,
``(B) to conduct investigations, audits, evaluations, and
inspections relating to the delivery of and payment for
health care in the United States,
``(C) to facilitate the enforcement of the provisions of
sections 1128, 1128A, and 1128B and other statutes applicable
to health care fraud and abuse,
``(D) to provide for the modification and establishment of
safe harbors and to issue advisory opinions and special fraud
alerts pursuant to section 1128D, and
``(E) to provide for the reporting and disclosure of
certain final adverse actions against health care providers,
suppliers, or practitioners pursuant to the data collection
system established under section 1128E.
``(2) Coordination with health plans.--In carrying out the
program established under paragraph (1), the Secretary and
the Attorney General shall consult with, and arrange for the
sharing of data with representatives of health plans.
``(3) Guidelines.--
``(A) In general.--The Secretary and the Attorney General
shall issue guidelines to carry out the program under
paragraph (1). The provisions of sections 553, 556, and 557
of title 5, United States Code, shall not apply in the
issuance of such guidelines.
``(B) Information guidelines.--
``(i) In general.--Such guidelines shall include guidelines
relating to the furnishing of information by health plans,
providers, and others to enable the Secretary and the
Attorney General to carry out the program (including
coordination with health plans under paragraph (2)).
``(ii) Confidentiality.--Such guidelines shall include
procedures to assure that such information is provided and
utilized in a manner that appropriately protects the
confidentiality of the information and the privacy of
individuals receiving health care services and items.
``(iii) Qualified immunity for providing information.--The
provisions of section 1157(a) (relating to limitation on
liability) shall apply to a person providing information to
the Secretary or the Attorney General in conjunction with
their performance of duties under this section.
``(4) Ensuring access to documentation.--The Inspector
General of the Department of Health and Human Services is
authorized to exercise such authority described in paragraphs
(3) through (9) of section 6 of the Inspector General Act of
1978 (5 U.S.C. App.) as necessary with respect to the
activities under the fraud and abuse control program
established under this subsection.
``(5) Authority of inspector general.--Nothing in this Act
shall be construed to diminish the authority of any Inspector
General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.).
``(b) Additional Use of Funds by Inspector General.--
``(1) Reimbursements for investigations.--The Inspector
General of the Department of Health and Human Services is
authorized to receive and retain for current use
reimbursement for the costs of conducting investigations and
audits and for monitoring compliance plans when such costs
are ordered by a court, voluntarily agreed to by the payor,
or otherwise.
``(2) Crediting.--Funds received by the Inspector General
under paragraph (1) as reimbursement for costs of conducting
investigations shall be deposited to the credit of the
appropriation from which initially paid, or to appropriations
for similar purposes currently available at the time of
deposit, and shall remain available for obligation for 1 year
from the date of the deposit of such funds.
``(c) Health Plan Defined.--For purposes of this section,
the term `health plan' means a plan or program that provides
health benefits, whether directly, through insurance, or
otherwise, and includes--
``(1) a policy of health insurance;
``(2) a contract of a service benefit organization; and
``(3) a membership agreement with a health maintenance
organization or other prepaid health plan.''.
(b) Establishment of Health Care Fraud and Abuse Control
Account in Federal Hospital Insurance Trust Fund.--Section
1817 (42 U.S.C. 1395i) is amended by adding at the end the
following new subsection:
``(k) Health Care Fraud and Abuse Control Account.--
``(1) Establishment.--There is hereby established in the
Trust Fund an expenditure account to be known as the `Health
Care Fraud and Abuse Control Account' (in this subsection
referred to as the `Account').
``(2) Appropriated amounts to trust fund.--
``(A) In general.--There are hereby appropriated to the
Trust Fund--
``(i) such gifts and bequests as may be made as provided in
subparagraph (B);
``(ii) such amounts as may be deposited in the Trust Fund
as provided in sections 242(b) and 249(c) of the Health
Insurance Portability and Accountability Act of 1996, and
title XI; and
``(iii) such amounts as are transferred to the Trust Fund
under subparagraph (C).
``(B) Authorization to accept gifts.--The Trust Fund is
authorized to accept on behalf of the United States money
gifts and bequests made unconditionally to the Trust Fund,
for the benefit of the Account or any activity financed
through the Account.
``(C) Transfer of amounts.--The Managing Trustee shall
transfer to the Trust Fund, under rules similar to the rules
in section 9601 of the Internal Revenue Code of 1986, an
amount equal to the sum of the following:
``(i) Criminal fines recovered in cases involving a Federal
health care offense (as defined in section 982(a)(6)(B) of
title 18, United States Code).
``(ii) Civil monetary penalties and assessments imposed in
health care cases, including amounts recovered under titles
XI, XVIII, and XIX, and chapter 38 of title 31, United States
Code (except as otherwise provided by law).
``(iii) Amounts resulting from the forfeiture of property
by reason of a Federal health care offense.
``(iv) Penalties and damages obtained and otherwise
creditable to miscellaneous receipts of the general fund of
the Treasury obtained under sections 3729 through 3733 of
title 31, United States Code (known as the False Claims Act),
in cases involving claims related to the provision of health
care items and services (other than funds awarded to a
relator, for restitution or otherwise authorized by law).
``(D) Application.--Nothing in subparagraph (C)(iii) shall
be construed to limit the availability of recoveries and
forfeitures obtained under title I of the Employee Retirement
Income Security Act of 1974 for the purpose of providing
equitable or remedial relief for employee welfare benefit
plans, and for participants and beneficiaries under such
plans, as authorized under such title.
``(3) Appropriated amounts to account for fraud and abuse
control program, etc.--
``(A) Departments of health and human services and
justice.--
``(i) In general.--There are hereby appropriated to the
Account from the Trust Fund such sums as the Secretary and
the Attorney General certify are necessary to carry out the
purposes described in subparagraph (C), to be available
without further appropriation, in an amount not to exceed--
``(I) for fiscal year 1997, $104,000,000,
``(II) for each of the fiscal years 1998 through 2003, the
limit for the preceding fiscal year, increased by 15 percent;
and
``(III) for each fiscal year after fiscal year 2003, the
limit for fiscal year 2003.
``(ii) Medicare and medicaid activities.--For each fiscal
year, of the amount appropriated in clause (i), the following
amounts shall be available only for the purposes of the
activities of the Office of the Inspector General of the
Department of Health and Human Services with respect to the
medicare and medicaid programs--
``(I) for fiscal year 1997, not less than $60,000,000 and
not more than $70,000,000;
``(II) for fiscal year 1998, not less than $80,000,000 and
not more than $90,000,000;
``(III) for fiscal year 1999, not less than $90,000,000 and
not more than $100,000,000;
``(IV) for fiscal year 2000, not less than $110,000,000 and
not more than $120,000,000;
``(V) for fiscal year 2001, not less than $120,000,000 and
not more than $130,000,000;
``(VI) for fiscal year 2002, not less than $140,000,000 and
not more than $150,000,000; and
``(VII) for each fiscal year after fiscal year 2002, not
less than $150,000,000 and not more than $160,000,000.
``(B) Federal bureau of investigation.--There are hereby
appropriated from the general fund of the United States
Treasury and hereby appropriated to the Account for transfer
to the Federal Bureau of Investigation to carry out the
purposes described in subparagraph (C), to be available
without further appropriation--
``(i) for fiscal year 1997, $47,000,000;
``(ii) for fiscal year 1998, $56,000,000;
``(iii) for fiscal year 1999, $66,000,000;
``(iv) for fiscal year 2000, $76,000,000;
``(v) for fiscal year 2001, $88,000,000;
``(vi) for fiscal year 2002, $101,000,000; and
``(vii) for each fiscal year after fiscal year 2002,
$114,000,000.
``(C) Use of funds.--The purposes described in this
subparagraph are to cover the costs (including equipment,
salaries and benefits, and travel and training) of the
administration and operation of the health care fraud and
abuse control program established under section 1128C(a),
including the costs of--
``(i) prosecuting health care matters (through criminal,
civil, and administrative proceedings);
``(ii) investigations;
``(iii) financial and performance audits of health care
programs and operations;
``(iv) inspections and other evaluations; and
``(v) provider and consumer education regarding compliance
with the provisions of title XI.
``(4) Appropriated amounts to account for medicare
integrity program.--
``(A) In general.--There are hereby appropriated to the
Account from the Trust Fund for each fiscal year such amounts
as are necessary to carry out the Medicare Integrity Program
under section 1893, subject to subparagraph (B) and to be
available without further appropriation.
``(B) Amounts specified.--The amount appropriated under
subparagraph (A) for a fiscal year is as follows:
``(i) For fiscal year 1997, such amount shall be not less
than $430,000,000 and not more than $440,000,000.
[[Page 1876]]
``(ii) For fiscal year 1998, such amount shall be not less
than $490,000,000 and not more than $500,000,000.
``(iii) For fiscal year 1999, such amount shall be not less
than $550,000,000 and not more than $560,000,000.
``(iv) For fiscal year 2000, such amount shall be not less
than $620,000,000 and not more than $630,000,000.
``(v) For fiscal year 2001, such amount shall be not less
than $670,000,000 and not more than $680,000,000.
``(vi) For fiscal year 2002, such amount shall be not less
than $690,000,000 and not more than $700,000,000.
``(vii) For each fiscal year after fiscal year 2002, such
amount shall be not less than $710,000,000 and not more than
$720,000,000.
``(5) Annual report.--Not later than January 1, the
Secretary and the Attorney General shall submit jointly a
report to Congress which identifies--
``(A) the amounts appropriated to the Trust Fund for the
previous fiscal year under paragraph (2)(A) and the source of
such amounts; and
``(B) the amounts appropriated from the Trust Fund for such
year under paragraph (3) and the justification for the
expenditure of such amounts.
``(6) GAO report.--Not later than January 1 of 2000, 2002,
and 2004, the Comptroller General of the United States shall
submit a report to Congress which--
``(A) identifies--
``(i) the amounts appropriated to the Trust Fund for the
previous two fiscal years under paragraph (2)(A) and the
source of such amounts; and
``(ii) the amounts appropriated from the Trust Fund for
such fiscal years under paragraph (3) and the justification
for the expenditure of such amounts;
``(B) identifies any expenditures from the Trust Fund with
respect to activities not involving the medicare program
under title XVIII;
``(C) identifies any savings to the Trust Fund, and any
other savings, resulting from expenditures from the Trust
Fund; and
``(D) analyzes such other aspects of the operation of the
Trust Fund as the Comptroller General of the United States
considers appropriate.''.
SEC. 202. MEDICARE INTEGRITY PROGRAM.
(a) Establishment of Medicare Integrity Program.--Title
XVIII is amended by adding at the end the following new
section:
``medicare integrity program
``Sec. 1893. (a) Establishment of Program.--There is hereby
established the Medicare Integrity Program (in this section
referred to as the `Program') under which the Secretary shall
promote the integrity of the medicare program by entering
into contracts in accordance with this section with eligible
entities to carry out the activities described in subsection
(b).
``(b) Activities Described.--The activities described in
this subsection are as follows:
``(1) Review of activities of providers of services or
other individuals and entities furnishing items and services
for which payment may be made under this title (including
skilled nursing facilities and home health agencies),
including medical and utilization review and fraud review
(employing similar standards, processes, and technologies
used by private health plans, including equipment and
software technologies which surpass the capability of the
equipment and technologies used in the review of claims under
this title as of the date of the enactment of this section).
``(2) Audit of cost reports.
``(3) Determinations as to whether payment should not be,
or should not have been, made under this title by reason of
section 1862(b), and recovery of payments that should not
have been made.
``(4) Education of providers of services, beneficiaries,
and other persons with respect to payment integrity and
benefit quality assurance issues.
``(5) Developing (and periodically updating) a list of
items of durable medical equipment in accordance with section
1834(a)(15) which are subject to prior authorization under
such section.
``(c) Eligibility of Entities.--An entity is eligible to
enter into a contract under the Program to carry out any of
the activities described in subsection (b) if--
``(1) the entity has demonstrated capability to carry out
such activities;
``(2) in carrying out such activities, the entity agrees to
cooperate with the Inspector General of the Department of
Health and Human Services, the Attorney General, and other
law enforcement agencies, as appropriate, in the
investigation and deterrence of fraud and abuse in relation
to this title and in other cases arising out of such
activities;
``(3) the entity complies with such conflict of interest
standards as are generally applicable to Federal acquisition
and procurement; and
``(4) the entity meets such other requirements as the
Secretary may impose.
In the case of the activity described in subsection (b)(5),
an entity shall be deemed to be eligible to enter into a
contract under the Program to carry out the activity if the
entity is a carrier with a contract in effect under section
1842.
``(d) Process for Entering Into Contracts.--The Secretary
shall enter into contracts under the Program in accordance
with such procedures as the Secretary shall by regulation
establish, except that such procedures shall include the
following:
``(1) Procedures for identifying, evaluating, and resolving
organizational conflicts of interest that are generally
applicable to Federal acquisition and procurement.
``(2) Competitive procedures to be used--
``(A) when entering into new contracts under this section;
``(B) when entering into contracts that may result in the
elimination of responsibilities of an individual fiscal
intermediary or carrier under section 202(b) of the Health
Insurance Portability and Accountability Act of 1996; and
``(C) at any other time considered appropriate by the
Secretary,
except that the Secretary may continue to contract with
entities that are carrying out the activities described in
this section pursuant to agreements under section 1816 or
contracts under section 1842 in effect on the date of the
enactment of this section.
``(3) Procedures under which a contract under this section
may be renewed without regard to any provision of law
requiring competition if the contractor has met or exceeded
the performance requirements established in the current
contract.
The Secretary may enter into such contracts without regard to
final rules having been promulgated.
``(e) Limitation on Contractor Liability.--The Secretary
shall by regulation provide for the limitation of a
contractor's liability for actions taken to carry out a
contract under the Program, and such regulation shall, to the
extent the Secretary finds appropriate, employ the same or
comparable standards and other substantive and procedural
provisions as are contained in section 1157.''.
(b) Elimination of FI and Carrier Responsibility for
Carrying Out Activities Subject to Program.--
(1) Responsibilities of fiscal intermediaries under part
a.--Section 1816 (42 U.S.C. 1395h) is amended by adding at
the end the following new subsection:
``(l) No agency or organization may carry out (or receive
payment for carrying out) any activity pursuant to an
agreement under this section to the extent that the activity
is carried out pursuant to a contract under the Medicare
Integrity Program under section 1893.''.
(2) Responsibilities of carriers under part b.--Section
1842(c) (42 U.S.C. 1395u(c)) is amended by adding at the end
the following new paragraph:
``(6) No carrier may carry out (or receive payment for
carrying out) any activity pursuant to a contract under this
subsection to the extent that the activity is carried out
pursuant to a contract under the Medicare Integrity Program
under section 1893. The previous sentence shall not apply
with respect to the activity described in section 1893(b)(5)
(relating to prior authorization of certain items of durable
medical equipment under section 1834(a)(15)).''.
SEC. 203. BENEFICIARY INCENTIVE PROGRAMS.
(a) Clarification of Requirement to Provide Explanation of
Medicare Benefits.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall provide an explanation of benefits under the medicare
program under title XVIII of the Social Security Act with
respect to each item or service for which payment may be made
under the program which is furnished to an individual,
without regard to whether or not a deductible or coinsurance
may be imposed against the individual with respect to the
item or service.
(b) Program To Collect Information on Fraud and Abuse.--
(1) Establishment of program.--Not later than 3 months
after the date of the enactment of this Act, the Secretary
shall establish a program under which the Secretary shall
encourage individuals to report to the Secretary information
on individuals and entities who are engaging in or who have
engaged in acts or omissions which constitute grounds for the
imposition of a sanction under section 1128, 1128A, or 1128B
of the Social Security Act, or who have otherwise engaged in
fraud and abuse against the medicare program under title
XVIII of such act for which there is a sanction provided
under law. The program shall discourage provision of, and not
consider, information which is frivolous or otherwise not
relevant or material to the imposition of such a sanction.
(2) Payment of portion of amounts collected.--If an
individual reports information to the Secretary under the
program established under paragraph (1) which serves as the
basis for the collection by the Secretary or the Attorney
General of any amount of at least $100 (other than any amount
paid as a penalty under section 1128B of the Social Security
Act), the Secretary may pay a portion of the amount collected
to the individual (under procedures similar to those
applicable under section 7623 of the Internal Revenue Code of
1986 to payments to individuals providing information on
violations of such Code).
(c) Program To Collect Information on Program Efficiency.--
(1) Establishment of program.--Not later than 3 months
after the date of the enactment of this Act, the Secretary
shall establish a program under which the Secretary shall
encourage individuals to submit to the Secretary suggestions
on methods to improve the efficiency of the medicare program.
(2) Payment of portion of program savings.--If an
individual submits a suggestion to the Secretary under the
program established under paragraph (1) which is adopted by
the Secretary and which results in sav
[[Page 1877]]
ings to the program, the Secretary may make a payment to the
individual of such amount as the Secretary considers
appropriate.
SEC. 204. APPLICATION OF CERTAIN HEALTH ANTI-FRAUD AND ABUSE
SANCTIONS TO FRAUD AND ABUSE AGAINST FEDERAL
HEALTH CARE PROGRAMS.
(a) In General.--Section 1128B (42 U.S.C. 1320a-7b) is
amended as follows:
(1) In the heading, by striking ``medicare or state health
care programs'' and inserting ``federal health care
programs''.
(2) In subsection (a)(1), by striking ``a program under
title XVIII or a State health care program (as defined in
section 1128(h))'' and inserting ``a Federal health care
program (as defined in subsection (f))''.
(3) In subsection (a)(5), by striking ``a program under
title XVIII or a State health care program'' and inserting
``a Federal health care program''.
(4) In the second sentence of subsection (a)--
(A) by striking ``a State plan approved under title XIX''
and inserting ``a Federal health care program'', and
(B) by striking ``the State may at its option
(notwithstanding any other provision of that title or of such
plan)'' and inserting ``the administrator of such program may
at its option (notwithstanding any other provision of such
program)''.
(5) In subsection (b), by striking ``title XVIII or a State
health care program'' each place it appears and inserting ``a
Federal health care program''.
(6) In subsection (c), by inserting ``(as defined in
section 1128(h))'' after ``a State health care program''.
(7) By adding at the end the following new subsection:
``(f) For purposes of this section, the term `Federal
health care program' means--
``(1) any plan or program that provides health benefits,
whether directly, through insurance, or otherwise, which is
funded directly, in whole or in part, by the United States
Government (other than the health insurance program under
chapter 89 of title 5, United States Code); or
``(2) any State health care program, as defined in section
1128(h).''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 1997.
SEC. 205. GUIDANCE REGARDING APPLICATION OF HEALTH CARE FRAUD
AND ABUSE SANCTIONS.
Title XI (42 U.S.C. 1301 et seq.), as amended by section
201, is amended by inserting after section 1128C the
following new section:
``guidance regarding application of health care fraud and abuse
sanctions
``Sec. 1128D. (a) Solicitation and Publication of
Modifications to Existing Safe Harbors and New Safe
Harbors.--
``(1) In general.--
``(A) Solicitation of proposals for safe harbors.--Not
later than January 1, 1997, and not less than annually
thereafter, the Secretary shall publish a notice in the
Federal Register soliciting proposals, which will be accepted
during a 60-day period, for--
``(i) modifications to existing safe harbors issued
pursuant to section 14(a) of the Medicare and Medicaid
Patient and Program Protection Act of 1987 (42 U.S.C. 1320a-
7b note);
``(ii) additional safe harbors specifying payment practices
that shall not be treated as a criminal offense under section
1128B(b) and shall not serve as the basis for an exclusion
under section 1128(b)(7);
``(iii) advisory opinions to be issued pursuant to
subsection (b); and
``(iv) special fraud alerts to be issued pursuant to
subsection (c).
``(B) Publication of proposed modifications and proposed
additional safe harbors.--After considering the proposals
described in clauses (i) and (ii) of subparagraph (A), the
Secretary, in consultation with the Attorney General, shall
publish in the Federal Register proposed modifications to
existing safe harbors and proposed additional safe harbors,
if appropriate, with a 60-day comment period. After
considering any public comments received during this period,
the Secretary shall issue final rules modifying the existing
safe harbors and establishing new safe harbors, as
appropriate.
``(C) Report.--The Inspector General of the Department of
Health and Human Services (in this section referred to as the
`Inspector General') shall, in an annual report to Congress
or as part of the year-end semiannual report required by
section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.), describe the proposals received under clauses (i) and
(ii) of subparagraph (A) and explain which proposals were
included in the publication described in subparagraph (B),
which proposals were not included in that publication, and
the reasons for the rejection of the proposals that were not
included.
``(2) Criteria for modifying and establishing safe
harbors.--In modifying and establishing safe harbors under
paragraph (1)(B), the Secretary may consider the extent to
which providing a safe harbor for the specified payment
practice may result in any of the following:
``(A) An increase or decrease in access to health care
services.
``(B) An increase or decrease in the quality of health care
services.
``(C) An increase or decrease in patient freedom of choice
among health care providers.
``(D) An increase or decrease in competition among health
care providers.
``(E) An increase or decrease in the ability of health care
facilities to provide services in medically underserved areas
or to medically underserved populations.
``(F) An increase or decrease in the cost to Federal health
care programs (as defined in section 1128B(f)).
``(G) An increase or decrease in the potential
overutilization of health care services.
``(H) The existence or nonexistence of any potential
financial benefit to a health care professional or provider
which may vary based on their decisions of--
``(i) whether to order a health care item or service; or
``(ii) whether to arrange for a referral of health care
items or services to a particular practitioner or provider.
``(I) Any other factors the Secretary deems appropriate in
the interest of preventing fraud and abuse in Federal health
care programs (as so defined).
``(b) Advisory Opinions.--
``(1) Issuance of advisory opinions.--The Secretary, in
consultation with the Attorney General, shall issue written
advisory opinions as provided in this subsection.
``(2) Matters subject to advisory opinions.--The Secretary
shall issue advisory opinions as to the following matters:
``(A) What constitutes prohibited remuneration within the
meaning of section 1128B(b).
``(B) Whether an arrangement or proposed arrangement
satisfies the criteria set forth in section 1128B(b)(3) for
activities which do not result in prohibited remuneration.
``(C) Whether an arrangement or proposed arrangement
satisfies the criteria which the Secretary has established,
or shall establish by regulation for activities which do not
result in prohibited remuneration.
``(D) What constitutes an inducement to reduce or limit
services to individuals entitled to benefits under title
XVIII or title XIX within the meaning of section 1128B(b).
``(E) Whether any activity or proposed activity constitutes
grounds for the imposition of a sanction under section 1128,
1128A, or 1128B.
``(3) Matters not subject to advisory opinions.--Such
advisory opinions shall not address the following matters:
``(A) Whether the fair market value shall be, or was paid
or received for any goods, services or property.
``(B) Whether an individual is a bona fide employee within
the requirements of section 3121(d)(2) of the Internal
Revenue Code of 1986.
``(4) Effect of advisory opinions.--
``(A) Binding as to secretary and parties involved.--Each
advisory opinion issued by the Secretary shall be binding as
to the Secretary and the party or parties requesting the
opinion.
``(B) Failure to seek opinion.--The failure of a party to
seek an advisory opinion may not be introduced into evidence
to prove that the party intended to violate the provisions of
sections 1128, 1128A, or 1128B.
``(5) Regulations.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall issue
regulations to carry out this section. Such regulations shall
provide for--
``(i) the procedure to be followed by a party applying for
an advisory opinion;
``(ii) the procedure to be followed by the Secretary in
responding to a request for an advisory opinion;
``(iii) the interval in which the Secretary shall respond;
``(iv) the reasonable fee to be charged to the party
requesting an advisory opinion; and
``(v) the manner in which advisory opinions will be made
available to the public.
``(B) Specific contents.--Under the regulations promulgated
pursuant to subparagraph (A)--
``(i) the Secretary shall be required to issue to a party
requesting an advisory opinion by not later than 60 days
after the request is received; and
``(ii) the fee charged to the party requesting an advisory
opinion shall be equal to the costs incurred by the Secretary
in responding to the request.
``(6) Application of subsection.--This subsection shall
apply to requests for advisory opinions made on or after the
date which is 6 months after the date of enactment of this
section and before the date which is 4 years after such date
of enactment.
``(c) Special Fraud Alerts.--
``(1) In general.--
``(A) Request for special fraud alerts.--Any person may
present, at any time, a request to the Inspector General for
a notice which informs the public of practices which the
Inspector General considers to be suspect or of particular
concern under the medicare program under title XVIII or a
State health care program, as defined in section 1128(h) (in
this subsection referred to as a `special fraud alert').
``(B) Issuance and publication of special fraud alerts.--
Upon receipt of a request described in subparagraph (A), the
Inspector General shall investigate the subject matter of the
request to determine whether a special fraud alert should be
issued. If appropriate, the Inspector General shall issue a
special fraud alert in response to the request. All special
fraud alerts issued pursuant to this subparagraph shall be
published in the Federal Register.
``(2) Criteria for special fraud alerts.--In determining
whether to issue a special fraud alert upon a request
described in paragraph (1), the Inspector General may
consider--
[[Page 1878]]
``(A) whether and to what extent the practices that would
be identified in the special fraud alert may result in any of
the consequences described in subsection (a)(2); and
``(B) the volume and frequency of the conduct that would be
identified in the special fraud alert.''.
Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
SEC. 211. MANDATORY EXCLUSION FROM PARTICIPATION IN MEDICARE
AND STATE HEALTH CARE PROGRAMS.
(a) Individual Convicted of Felony Relating to Health Care
Fraud.--
(1) In general.--Section 1128(a) (42 U.S.C. 1320a-7(a)) is
amended by adding at the end the following new paragraph:
``(3) Felony conviction relating to health care fraud.--Any
individual or entity that has been convicted for an offense
which occurred after the date of the enactment of the Health
Insurance Portability and Accountability Act of 1996, under
Federal or State law, in connection with the delivery of a
health care item or service or with respect to any act or
omission in a health care program (other than those
specifically described in paragraph (1)) operated by or
financed in whole or in part by any Federal, State, or local
government agency, of a criminal offense consisting of a
felony relating to fraud, theft, embezzlement, breach of
fiduciary responsibility, or other financial misconduct.''.
(2) Conforming amendment.--Paragraph (1) of section 1128(b)
(42 U.S.C. 1320a-7(b)) is amended to read as follows:
``(1) Conviction relating to fraud.--Any individual or
entity that has been convicted for an offense which occurred
after the date of the enactment of the Health Insurance
Portability and Accountability Act of 1996, under Federal or
State law--
``(A) of a criminal offense consisting of a misdemeanor
relating to fraud, theft, embezzlement, breach of fiduciary
responsibility, or other financial misconduct--
``(i) in connection with the delivery of a health care item
or service, or
``(ii) with respect to any act or omission in a health care
program (other than those specifically described in
subsection (a)(1)) operated by or financed in whole or in
part by any Federal, State, or local government agency; or
``(B) of a criminal offense relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct with respect to any act or omission in a
program (other than a health care program) operated by or
financed in whole or in part by any Federal, State, or local
government agency.''.
(b) Individual Convicted of Felony Relating to Controlled
Substance.--
(1) In general.--Section 1128(a) (42 U.S.C. 1320a-7(a)), as
amended by subsection (a), is amended by adding at the end
the following new paragraph:
``(4) Felony conviction relating to controlled substance.--
Any individual or entity that has been convicted for an
offense which occurred after the date of the enactment of the
Health Insurance Portability and Accountability Act of 1996,
under Federal or State law, of a criminal offense consisting
of a felony relating to the unlawful manufacture,
distribution, prescription, or dispensing of a controlled
substance.''.
(2) Conforming amendment.--Section 1128(b)(3) (42 U.S.C.
1320a-7(b)(3)) is amended--
(A) in the heading, by striking ``Conviction'' and
inserting ``Misdemeanor conviction''; and
(B) by striking ``criminal offense'' and inserting
``criminal offense consisting of a misdemeanor''.
SEC. 212. ESTABLISHMENT OF MINIMUM PERIOD OF EXCLUSION FOR
CERTAIN INDIVIDUALS AND ENTITIES SUBJECT TO
PERMISSIVE EXCLUSION FROM MEDICARE AND STATE
HEALTH CARE PROGRAMS.
Section 1128(c)(3) (42 U.S.C. 1320a-7(c)(3)) is amended by
adding at the end the following new subparagraphs:
``(D) In the case of an exclusion of an individual or
entity under paragraph (1), (2), or (3) of subsection (b),
the period of the exclusion shall be 3 years, unless the
Secretary determines in accordance with published regulations
that a shorter period is appropriate because of mitigating
circumstances or that a longer period is appropriate because
of aggravating circumstances.
``(E) In the case of an exclusion of an individual or
entity under subsection (b)(4) or (b)(5), the period of the
exclusion shall not be less than the period during which the
individual's or entity's license to provide health care is
revoked, suspended, or surrendered, or the individual or the
entity is excluded or suspended from a Federal or State
health care program.
``(F) In the case of an exclusion of an individual or
entity under subsection (b)(6)(B), the period of the
exclusion shall be not less than 1 year.''.
SEC. 213. PERMISSIVE EXCLUSION OF INDIVIDUALS WITH OWNERSHIP
OR CONTROL INTEREST IN SANCTIONED ENTITIES.
Section 1128(b) (42 U.S.C. 1320a-7(b)) is amended by adding
at the end the following new paragraph:
``(15) Individuals controlling a sanctioned entity.--(A)
Any individual--
``(i) who has a direct or indirect ownership or control
interest in a sanctioned entity and who knows or should know
(as defined in section 1128A(i)(6)) of the action
constituting the basis for the conviction or exclusion
described in subparagraph (B); or
``(ii) who is an officer or managing employee (as defined
in section 1126(b)) of such an entity.
``(B) For purposes of subparagraph (A), the term
`sanctioned entity' means an entity--
``(i) that has been convicted of any offense described in
subsection (a) or in paragraph (1), (2), or (3) of this
subsection; or
``(ii) that has been excluded from participation under a
program under title XVIII or under a State health care
program.''.
SEC. 214. SANCTIONS AGAINST PRACTITIONERS AND PERSONS FOR
FAILURE TO COMPLY WITH STATUTORY OBLIGATIONS.
(a) Minimum Period of Exclusion for Practitioners and
Persons Failing To Meet Statutory Obligations.--
(1) In general.--The second sentence of section 1156(b)(1)
(42 U.S.C. 1320c-5(b)(1)) is amended by striking ``may
prescribe)'' and inserting ``may prescribe, except that such
period may not be less than 1 year)''.
(2) Conforming amendment.--Section 1156(b)(2) (42 U.S.C.
1320c-5(b)(2)) is amended by striking ``shall remain'' and
inserting ``shall (subject to the minimum period specified in
the second sentence of paragraph (1)) remain''.
(b) Repeal of ``Unwilling or Unable'' Condition for
Imposition of Sanction.--Section 1156(b)(1) (42 U.S.C. 1320c-
5(b)(1)) is amended--
(1) in the second sentence, by striking ``and determines''
and all that follows through ``such obligations,''; and
(2) by striking the third sentence.
SEC. 215. INTERMEDIATE SANCTIONS FOR MEDICARE HEALTH
MAINTENANCE ORGANIZATIONS.
(a) Application of Intermediate Sanctions for any Program
Violations.--
(1) In general.--Section 1876(i)(1) (42 U.S.C.
1395mm(i)(1)) is amended by striking ``the Secretary may
terminate'' and all that follows and inserting ``in
accordance with procedures established under paragraph (9),
the Secretary may at any time terminate any such contract or
may impose the intermediate sanctions described in paragraph
(6)(B) or (6)(C) (whichever is applicable) on the eligible
organization if the Secretary determines that the
organization--
``(A) has failed substantially to carry out the contract;
``(B) is carrying out the contract in a manner
substantially inconsistent with the efficient and effective
administration of this section; or
``(C) no longer substantially meets the applicable
conditions of subsections (b), (c), (e), and (f).''.
(2) Other intermediate sanctions for miscellaneous program
violations.--Section 1876(i)(6) (42 U.S.C. 1395mm(i)(6)) is
amended by adding at the end the following new subparagraph:
``(C) In the case of an eligible organization for which the
Secretary makes a determination under paragraph (1), the
basis of which is not described in subparagraph (A), the
Secretary may apply the following intermediate sanctions:
``(i) Civil money penalties of not more than $25,000 for
each determination under paragraph (1) if the deficiency that
is the basis of the determination has directly adversely
affected (or has the substantial likelihood of adversely
affecting) an individual covered under the organization's
contract.
``(ii) Civil money penalties of not more than $10,000 for
each week beginning after the initiation of procedures by the
Secretary under paragraph (9) during which the deficiency
that is the basis of a determination under paragraph (1)
exists.
``(iii) Suspension of enrollment of individuals under this
section after the date the Secretary notifies the
organization of a determination under paragraph (1) and until
the Secretary is satisfied that the deficiency that is the
basis for the determination has been corrected and is not
likely to recur.''.
(3) Procedures for imposing sanctions.--Section 1876(i) (42
U.S.C. 1395mm(i)) is amended by adding at the end the
following new paragraph:
``(9) The Secretary may terminate a contract with an
eligible organization under this section or may impose the
intermediate sanctions described in paragraph (6) on the
organization in accordance with formal investigation and
compliance procedures established by the Secretary under
which--
``(A) the Secretary first provides the organization with
the reasonable opportunity to develop and implement a
corrective action plan to correct the deficiencies that were
the basis of the Secretary's determination under paragraph
(1) and the organization fails to develop or implement such a
plan;
``(B) in deciding whether to impose sanctions, the
Secretary considers aggravating factors such as whether an
organization has a history of deficiencies or has not taken
action to correct deficiencies the Secretary has brought to
the organization's attention;
``(C) there are no unreasonable or unnecessary delays
between the finding of a deficiency and the imposition of
sanctions; and
``(D) the Secretary provides the organization with
reasonable notice and opportunity for hearing (including the
right to appeal an initial decision) before imposing any
sanction or terminating the contract.''.
(4) Conforming amendments.--Section 1876(i)(6)(B) (42
U.S.C. 1395mm(i)(6)(B)) is amended by striking the second
sentence.
(b) Agreements With Peer Review Organizations.--Section
1876(i)(7)(A) (42 U.S.C. 1395mm(i)(7)(A)) is amended by
striking ``an agreement'' and inserting ``a written
agreement''.
[[Page 1879]]
(c) Effective Date.--The amendments made by this section
shall apply with respect to contract years beginning on or
after January 1, 1997.
SEC. 216. ADDITIONAL EXCEPTION TO ANTI-KICKBACK PENALTIES FOR
RISK-SHARING ARRANGEMENTS.
(a) In General.--Section 1128B(b)(3) (42 U.S.C. 1320a-
7b(b)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) any remuneration between an organization and an
individual or entity providing items or services, or a
combination thereof, pursuant to a written agreement between
the organization and the individual or entity if the
organization is an eligible organization under section 1876
or if the written agreement, through a risk-sharing
arrangement, places the individual or entity at substantial
financial risk for the cost or utilization of the items or
services, or a combination thereof, which the individual or
entity is obligated to provide.''.
(b) Negotiated Rulemaking For Risk-Sharing Exception.--
(1) Establishment.--
(A) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
establish, on an expedited basis and using a negotiated
rulemaking process under subchapter 3 of chapter 5 of title
5, United States Code, standards relating to the exception
for risk-sharing arrangements to the anti-kickback penalties
described in section 1128B(b)(3)(F) of the Social Security
Act, as added by subsection (a).
(B) Factors to consider.--In establishing standards
relating to the exception for risk-sharing arrangements to
the anti-kickback penalties under subparagraph (A), the
Secretary--
(i) shall consult with the Attorney General and
representatives of the hospital, physician, other health
practitioner, and health plan communities, and other
interested parties; and
(ii) shall take into account--
(I) the level of risk appropriate to the size and type of
arrangement;
(II) the frequency of assessment and distribution of
incentives;
(III) the level of capital contribution; and
(IV) the extent to which the risk-sharing arrangement
provides incentives to control the cost and quality of health
care services.
(2) Publication of notice.--In carrying out the rulemaking
process under this subsection, the Secretary shall publish
the notice provided for under section 564(a) of title 5,
United States Code, by not later than 45 days after the date
of the enactment of this Act.
(3) Target date for publication of rule.--As part of the
notice under paragraph (2), and for purposes of this
subsection, the `target date for publication' (referred to in
section 564(a)(5) of such title) shall be January 1, 1997.
(4) Abbreviated period for submission of comments.--In
applying section 564(c) of such title under this subsection,
`15 days' shall be substituted for `30 days'.
(5) Appointment of negotiated rulemaking committee and
facilitator.--The Secretary shall provide for--
(A) the appointment of a negotiated rulemaking committee
under section 565(a) of such title by not later than 30 days
after the end of the comment period provided for under
section 564(c) of such title (as shortened under paragraph
(4)), and
(B) the nomination of a facilitator under section 566(c) of
such title by not later than 10 days after the date of
appointment of the committee.
(6) Preliminary committee report.--The negotiated
rulemaking committee appointed under paragraph (5) shall
report to the Secretary, by not later than October 1, 1996,
regarding the committee's progress on achieving a consensus
with regard to the rulemaking proceeding and whether such
consensus is likely to occur before one month before the
target date for publication of the rule. If the committee
reports that the committee has failed to make significant
progress towards such consensus or is unlikely to reach such
consensus by the target date, the Secretary may terminate
such process and provide for the publication of a rule under
this subsection through such other methods as the Secretary
may provide.
(7) Final committee report.--If the committee is not
terminated under paragraph (6), the rulemaking committee
shall submit a report containing a proposed rule by not later
than one month before the target publication date.
(8) Interim, final effect.--The Secretary shall publish a
rule under this subsection in the Federal Register by not
later than the target publication date. Such rule shall be
effective and final immediately on an interim basis, but is
subject to change and revision after public notice and
opportunity for a period (of not less than 60 days) for
public comment. In connection with such rule, the Secretary
shall specify the process for the timely review and approval
of applications of entities to be certified as provider-
sponsored organizations pursuant to such rules and consistent
with this subsection.
(9) Publication of rule after public comment.--The
Secretary shall provide for consideration of such comments
and republication of such rule by not later than 1 year after
the target publication date.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to written agreements entered into on or after
January 1, 1997, without regard to whether regulations have
been issued to implement such amendments.
SEC. 217. CRIMINAL PENALTY FOR FRAUDULENT DISPOSITION OF
ASSETS IN ORDER TO OBTAIN MEDICAID BENEFITS.
Section 1128B(a) (42 U.S.C. 1320a-7b(a)) is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by adding ``or'' at the end of paragraph (5); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) knowingly and willfully disposes of assets (including
by any transfer in trust) in order for an individual to
become eligible for medical assistance under a State plan
under title XIX, if disposing of the assets results in the
imposition of a period of ineligibility for such assistance
under section 1917(c),''.
SEC. 218. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this
subtitle shall take effect January 1, 1997.
Subtitle C--Data Collection
SEC. 221. ESTABLISHMENT OF THE HEALTH CARE FRAUD AND ABUSE
DATA COLLECTION PROGRAM.
(a) In General.--Title XI (42 U.S.C. 1301 et seq.), as
amended by sections 201 and 205, is amended by inserting
after section 1128D the following new section:
``health care fraud and abuse data collection program
``Sec. 1128E. (a) General Purpose.--Not later than January
1, 1997, the Secretary shall establish a national health care
fraud and abuse data collection program for the reporting of
final adverse actions (not including settlements in which no
findings of liability have been made) against health care
providers, suppliers, or practitioners as required by
subsection (b), with access as set forth in subsection (c),
and shall maintain a database of the information collected
under this section.
``(b) Reporting of Information.--
``(1) In general.--Each Government agency and health plan
shall report any final adverse action (not including
settlements in which no findings of liability have been made)
taken against a health care provider, supplier, or
practitioner.
``(2) Information to be reported.--The information to be
reported under paragraph (1) includes:
``(A) The name and TIN (as defined in section 7701(a)(41)
of the Internal Revenue Code of 1986) of any health care
provider, supplier, or practitioner who is the subject of a
final adverse action.
``(B) The name (if known) of any health care entity with
which a health care provider, supplier, or practitioner, who
is the subject of a final adverse action, is affiliated or
associated.
``(C) The nature of the final adverse action and whether
such action is on appeal.
``(D) A description of the acts or omissions and injuries
upon which the final adverse action was based, and such other
information as the Secretary determines by regulation is
required for appropriate interpretation of information
reported under this section.
``(3) Confidentiality.--In determining what information is
required, the Secretary shall include procedures to assure
that the privacy of individuals receiving health care
services is appropriately protected.
``(4) Timing and form of reporting.--The information
required to be reported under this subsection shall be
reported regularly (but not less often than monthly) and in
such form and manner as the Secretary prescribes. Such
information shall first be required to be reported on a date
specified by the Secretary.
``(5) To whom reported.--The information required to be
reported under this subsection shall be reported to the
Secretary.
``(c) Disclosure and Correction of Information.--
``(1) Disclosure.--With respect to the information about
final adverse actions (not including settlements in which no
findings of liability have been made) reported to the
Secretary under this section with respect to a health care
provider, supplier, or practitioner, the Secretary shall, by
regulation, provide for--
``(A) disclosure of the information, upon request, to the
health care provider, supplier, or licensed practitioner, and
``(B) procedures in the case of disputed accuracy of the
information.
``(2) Corrections.--Each Government agency and health plan
shall report corrections of information already reported
about any final adverse action taken against a health care
provider, supplier, or practitioner, in such form and manner
that the Secretary prescribes by regulation.
``(d) Access to Reported Information.--
``(1) Availability.--The information in the database
maintained under this section shall be available to Federal
and State government agencies and health plans pursuant to
procedures that the Secretary shall provide by regulation.
``(2) Fees for disclosure.--The Secretary may establish or
approve reasonable fees for the disclosure of information in
such database (other than with respect to requests by Federal
agencies). The amount of such a fee shall be sufficient to
recover the full costs of operating the database. Such fees
shall be available to the Secretary or, in the Sec
[[Page 1880]]
retary's discretion to the agency designated under this
section to cover such costs.
``(e) Protection From Liability for Reporting.--No person
or entity, including the agency designated by the Secretary
in subsection (b)(5) shall be held liable in any civil action
with respect to any report made as required by this section,
without knowledge of the falsity of the information contained
in the report.
``(f) Coordination With National Practitioner Data Bank.--
The Secretary shall implement this section in such a manner
as to avoid duplication with the reporting requirements
established for the National Practitioner Data Bank under the
Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101
et seq.).
``(g) Definitions and Special Rules.--For purposes of this
section:
``(1) Final adverse action.--
``(A) In general.--The term `final adverse action'
includes:
``(i) Civil judgments against a health care provider,
supplier, or practitioner in Federal or State court related
to the delivery of a health care item or service.
``(ii) Federal or State criminal convictions related to the
delivery of a health care item or service.
``(iii) Actions by Federal or State agencies responsible
for the licensing and certification of health care providers,
suppliers, and licensed health care practitioners,
including--
``(I) formal or official actions, such as revocation or
suspension of a license (and the length of any such
suspension), reprimand, censure or probation,
``(II) any other loss of license or the right to apply for,
or renew, a license of the provider, supplier, or
practitioner, whether by operation of law, voluntary
surrender, non-renewability, or otherwise, or
``(III) any other negative action or finding by such
Federal or State agency that is publicly available
information.
``(iv) Exclusion from participation in Federal or State
health care programs (as defined in sections 1128B(f) and
1128(h), respectively).
``(v) Any other adjudicated actions or decisions that the
Secretary shall establish by regulation.
``(B) Exception.--The term does not include any action with
respect to a malpractice claim.
``(2) Practitioner.--The terms `licensed health care
practitioner', `licensed practitioner', and `practitioner'
mean, with respect to a State, an individual who is licensed
or otherwise authorized by the State to provide health care
services (or any individual who, without authority holds
himself or herself out to be so licensed or authorized).
``(3) Government agency.--The term `Government agency'
shall include:
``(A) The Department of Justice.
``(B) The Department of Health and Human Services.
``(C) Any other Federal agency that either administers or
provides payment for the delivery of health care services,
including, but not limited to the Department of Defense and
the Veterans' Administration.
``(D) State law enforcement agencies.
``(E) State medicaid fraud control units.
``(F) Federal or State agencies responsible for the
licensing and certification of health care providers and
licensed health care practitioners.
``(4) Health plan.--The term `health plan' has the meaning
given such term by section 1128C(c).
``(5) Determination of conviction.--For purposes of
paragraph (1), the existence of a conviction shall be
determined under paragraph (4) of section 1128(i).''.
(b) Improved Prevention in Issuance of Medicare Provider
Numbers.--Section 1842(r) (42 U.S.C. 1395u(r)) is amended by
adding at the end the following new sentence: ``Under such
system, the Secretary may impose appropriate fees on such
physicians to cover the costs of investigation and
recertification activities with respect to the issuance of
the identifiers.''.
Subtitle D--Civil Monetary Penalties
SEC. 231. SOCIAL SECURITY ACT CIVIL MONETARY PENALTIES.
(a) General Civil Monetary Penalties.--Section 1128A (42
U.S.C. 1320a-7a) is amended as follows:
(1) In the third sentence of subsection (a), by striking
``programs under title XVIII'' and inserting ``Federal health
care programs (as defined in section 1128B(f)(1))''.
(2) In subsection (f)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) With respect to amounts recovered arising out of a
claim under a Federal health care program (as defined in
section 1128B(f)), the portion of such amounts as is
determined to have been paid by the program shall be repaid
to the program, and the portion of such amounts attributable
to the amounts recovered under this section by reason of the
amendments made by the Health Insurance Portability and
Accountability Act of 1996 (as estimated by the Secretary)
shall be deposited into the Federal Hospital Insurance Trust
Fund pursuant to section 1817(k)(2)(C).''.
(3) In subsection (i)--
(A) in paragraph (2), by striking ``title V, XVIII, XIX, or
XX of this Act'' and inserting ``a Federal health care
program (as defined in section 1128B(f))'',
(B) in paragraph (4), by striking ``a health insurance or
medical services program under title XVIII or XIX of this
Act'' and inserting ``a Federal health care program (as so
defined)'', and
(C) in paragraph (5), by striking ``title V, XVIII, XIX, or
XX'' and inserting ``a Federal health care program (as so
defined)''.
(4) By adding at the end the following new subsection:
``(m)(1) For purposes of this section, with respect to a
Federal health care program not contained in this Act,
references to the Secretary in this section shall be deemed
to be references to the Secretary or Administrator of the
department or agency with jurisdiction over such program and
references to the Inspector General of the Department of
Health and Human Services in this section shall be deemed to
be references to the Inspector General of the applicable
department or agency.
``(2)(A) The Secretary and Administrator of the departments
and agencies referred to in paragraph (1) may include in any
action pursuant to this section, claims within the
jurisdiction of other Federal departments or agencies as long
as the following conditions are satisfied:
``(i) The case involves primarily claims submitted to the
Federal health care programs of the department or agency
initiating the action.
``(ii) The Secretary or Administrator of the department or
agency initiating the action gives notice and an opportunity
to participate in the investigation to the Inspector General
of the department or agency with primary jurisdiction over
the Federal health care programs to which the claims were
submitted.
``(B) If the conditions specified in subparagraph (A) are
fulfilled, the Inspector General of the department or agency
initiating the action is authorized to exercise all powers
granted under the Inspector General Act of 1978 (5 U.S.C.
App.) with respect to the claims submitted to the other
departments or agencies to the same manner and extent as
provided in that Act with respect to claims submitted to such
departments or agencies.''.
(b) Excluded Individual Retaining Ownership or Control
Interest in Participating Entity.--Section 1128A(a) (42
U.S.C. 1320a-7a(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1)(D);
(2) by striking ``, or'' at the end of paragraph (2) and
inserting a semicolon;
(3) by striking the semicolon at the end of paragraph (3)
and inserting ``; or''; and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) in the case of a person who is not an organization,
agency, or other entity, is excluded from participating in a
program under title XVIII or a State health care program in
accordance with this subsection or under section 1128 and
who, at the time of a violation of this subsection--
``(A) retains a direct or indirect ownership or control
interest in an entity that is participating in a program
under title XVIII or a State health care program, and who
knows or should know of the action constituting the basis for
the exclusion; or
``(B) is an officer or managing employee (as defined in
section 1126(b)) of such an entity;''.
(c) Modifications of Amounts of Penalties and
Assessments.--Section 1128A(a) (42 U.S.C. 1320a-7a(a)), as
amended by subsection (b), is amended in the matter following
paragraph (4)--
(1) by striking ``$2,000'' and inserting ``$10,000'';
(2) by inserting ``; in cases under paragraph (4), $10,000
for each day the prohibited relationship occurs'' after
``false or misleading information was given''; and
(3) by striking ``twice the amount'' and inserting ``3
times the amount''.
(d) Clarification of Level of Knowledge Required for
Imposition of Civil Monetary Penalties.--
(1) In general.--Section 1128A(a) (42 U.S.C. 1320a-7a(a))
is amended--
(A) in paragraphs (1) and (2), by inserting ``knowingly''
before ``presents'' each place it appears; and
(B) in paragraph (3), by striking ``gives'' and inserting
``knowingly gives or causes to be given''.
(2) Definition of standard.--Section 1128A(i) (42 U.S.C.
1320a-7a(i)), as amended by subsection (h)(2), is amended by
adding at the end the following new paragraph:
``(7) The term `should know' means that a person, with
respect to information--
``(A) acts in deliberate ignorance of the truth or falsity
of the information; or
``(B) acts in reckless disregard of the truth or falsity of
the information,
and no proof of specific intent to defraud is required.''.
(e) Claim for Item or Service Based on Incorrect Coding or
Medically Unnecessary Services.--Section 1128A(a)(1) (42
U.S.C. 1320a-7a(a)(1)), as amended by subsection (b), is
amended--
(1) in subparagraph (A) by striking ``claimed,'' and
inserting ``claimed, including any person who engages in a
pattern or practice of presenting or causing to be presented
a claim for an item or service that is based on a code that
the person knows or should know will result in a greater
payment to the person than the code the person knows or
should know is applicable to the item or service actually
provided,'';
(2) in subparagraph (C), by striking ``or'' at the end;
[[Page 1881]]
(3) in subparagraph (D), by striking the semicolon and
inserting ``, or''; and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) is for a pattern of medical or other items or
services that a person knows or should know are not medically
necessary;''.
(f) Sanctions Against Practitioners and Persons for Failure
To Comply With Statutory Obligations.--Section 1156(b)(3) (42
U.S.C. 1320c-5(b)(3)) is amended by striking ``the actual or
estimated cost'' and inserting ``up to $10,000 for each
instance''.
(g) Procedural Provisions.--Section 1876(i)(6) (42 U.S.C.
1395mm(i)(6)), as amended by section 215(a)(2), is amended by
adding at the end the following new subparagraph:
``(D) The provisions of section 1128A (other than
subsections (a) and (b)) shall apply to a civil money penalty
under subparagraph (B)(i) or (C)(i) in the same manner as
such provisions apply to a civil money penalty or proceeding
under section 1128A(a).''.
(h) Prohibition Against Offering Inducements to Individuals
Enrolled Under Programs or Plans.--
(1) Offer of remuneration.--Section 1128A(a) (42 U.S.C.
1320a-7a(a)), as amended by subsection (b), is amended--
(A) by striking ``or'' at the end of paragraph (3);
(B) by striking the semicolon at the end of paragraph (4)
and inserting ``; or''; and
(D) by inserting after paragraph (4) the following new
paragraph:
``(5) offers to or transfers remuneration to any individual
eligible for benefits under title XVIII of this Act, or under
a State health care program (as defined in section 1128(h))
that such person knows or should know is likely to influence
such individual to order or receive from a particular
provider, practitioner, or supplier any item or service for
which payment may be made, in whole or in part, under title
XVIII, or a State health care program (as so defined);''.
(2) Remuneration defined.--Section 1128A(i) (42 U.S.C.
1320a-7a(i)) is amended by adding at the end the following
new paragraph:
``(6) The term `remuneration' includes the waiver of
coinsurance and deductible amounts (or any part thereof), and
transfers of items or services for free or for other than
fair market value. The term `remuneration' does not include--
``(A) the waiver of coinsurance and deductible amounts by a
person, if--
``(i) the waiver is not offered as part of any
advertisement or solicitation;
``(ii) the person does not routinely waive coinsurance or
deductible amounts; and
``(iii) the person--
``(I) waives the coinsurance and deductible amounts after
determining in good faith that the individual is in financial
need;
``(II) fails to collect coinsurance or deductible amounts
after making reasonable collection efforts; or
``(III) provides for any permissible waiver as specified in
section 1128B(b)(3) or in regulations issued by the
Secretary;
``(B) differentials in coinsurance and deductible amounts
as part of a benefit plan design as long as the differentials
have been disclosed in writing to all beneficiaries, third
party payers, and providers, to whom claims are presented and
as long as the differentials meet the standards as defined in
regulations promulgated by the Secretary not later than 180
days after the date of the enactment of the Health Insurance
Portability and Accountability Act of 1996; or
``(C) incentives given to individuals to promote the
delivery of preventive care as determined by the Secretary in
regulations so promulgated.''.
(i) Effective Date.--The amendments made by this section
shall apply to acts or omissions occurring on or after
January 1, 1997.
SEC. 232. PENALTY FOR FALSE CERTIFICATION FOR HOME HEALTH
SERVICES.
(a) In General.--Section 1128A(b) (42 U.S.C. 1320a-7a(b))
is amended by adding at the end the following new paragraph:
``(3)(A) Any physician who executes a document described in
subparagraph (B) with respect to an individual knowing that
all of the requirements referred to in such subparagraph are
not met with respect to the individual shall be subject to a
civil monetary penalty of not more than the greater of--
``(i) $5,000, or
``(ii) three times the amount of the payments under title
XVIII for home health services which are made pursuant to
such certification.
``(B) A document described in this subparagraph is any
document that certifies, for purposes of title XVIII, that an
individual meets the requirements of section 1814(a)(2)(C) or
1835(a)(2)(A) in the case of home health services furnished
to the individual.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to certifications made on or after the date of
the enactment of this Act.
Subtitle E--Revisions to Criminal Law
SEC. 241. DEFINITIONS RELATING TO FEDERAL HEALTH CARE
OFFENSE.
(a) In General.--Chapter 1 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 24. Definitions relating to Federal health care
offense
``(a) As used in this title, the term `Federal health care
offense' means a violation of, or a criminal conspiracy to
violate--
``(1) section 669, 1035, 1347, or 1518 of this title;
``(2) section 287, 371, 664, 666, 1001, 1027, 1341, 1343,
or 1954 of this title, if the violation or conspiracy relates
to a health care benefit program.
``(b) As used in this title, the term `health care benefit
program' means any public or private plan or contract,
affecting commerce, under which any medical benefit, item, or
service is provided to any individual, and includes any
individual or entity who is providing a medical benefit,
item, or service for which payment may be made under the plan
or contract.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 2 of title 18, United States Code, is
amended by inserting after the item relating to section 23
the following new item:
``24. Definitions relating to Federal health care offense.''.
SEC. 242. HEALTH CARE FRAUD.
(a) Offense.--
(1) In general.--Chapter 63 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1347. Health care fraud
``Whoever knowingly and willfully executes, or attempts to
execute, a scheme or artifice--
``(1) to defraud any health care benefit program; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property
owned by, or under the custody or control of, any health care
benefit program,
in connection with the delivery of or payment for health care
benefits, items, or services, shall be fined under this title
or imprisoned not more than 10 years, or both. If the
violation results in serious bodily injury (as defined in
section 1365 of this title), such person shall be fined under
this title or imprisoned not more than 20 years, or both; and
if the violation results in death, such person shall be fined
under this title, or imprisoned for any term of years or for
life, or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``1347. Health care fraud.''.
(b) Criminal Fines Deposited in Federal Hospital Insurance
Trust Fund.--The Secretary of the Treasury shall deposit into
the Federal Hospital Insurance Trust Fund pursuant to section
1817(k)(2)(C) of the Social Security Act (42 U.S.C. 1395i) an
amount equal to the criminal fines imposed under section 1347
of title 18, United States Code (relating to health care
fraud).
SEC. 243. THEFT OR EMBEZZLEMENT.
(a) In General.--Chapter 31 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 669. Theft or embezzlement in connection with health
care
``(a) Whoever knowingly and willfully embezzles, steals, or
otherwise without authority converts to the use of any person
other than the rightful owner, or intentionally misapplies
any of the moneys, funds, securities, premiums, credits,
property, or other assets of a health care benefit program,
shall be fined under this title or imprisoned not more than
10 years, or both; but if the value of such property does not
exceed the sum of $100 the defendant shall be fined under
this title or imprisoned not more than one year, or both.
``(b) As used in this section, the term `health care
benefit program' has the meaning given such term in section
1347(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 31 of title 18, United States Code, is
amended by adding at the end the following:
``669. Theft or embezzlement in connection with health care.''.
SEC. 244. FALSE STATEMENTS.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1035. False statements relating to health care matters
``(a) Whoever, in any matter involving a health care
benefit program, knowingly and willfully--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device a material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statements or representations, or makes or uses any
materially false writing or document knowing the same to
contain any materially false, fictitious, or fraudulent
statement or entry,
in connection with the delivery of or payment for health care
benefits, items, or services, shall be fined under this title
or imprisoned not more than 5 years, or both.
``(b) As used in this section, the term `health care
benefit program' has the meaning given such term in section
1347(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 47 of title 18, United States Code, is
amended by adding at the end the following new item:
``1035. False statements relating to health care matters.''.
SEC. 245. OBSTRUCTION OF CRIMINAL INVESTIGATIONS OF HEALTH
CARE OFFENSES.
(a) In General.--Chapter 73 of title 18, United States
Code, is amended by adding at the end the following:
[[Page 1882]]
``Sec. 1518. Obstruction of criminal investigations of health
care offenses
``(a) Whoever willfully prevents, obstructs, misleads,
delays or attempts to prevent, obstruct, mislead, or delay
the communication of information or records relating to a
violation of a Federal health care offense to a criminal
investigator shall be fined under this title or imprisoned
not more than 5 years, or both.
``(b) As used in this section the term `criminal
investigator' means any individual duly authorized by a
department, agency, or armed force of the United States to
conduct or engage in investigations for prosecutions for
violations of health care offenses.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 of title 18, United States Code, is
amended by adding at the end the following new item:
``1518. Obstruction of criminal investigations of health care
offenses.''.
SEC. 246. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7) of title 18, United States Code, is
amended by adding at the end the following:
``(F) Any act or activity constituting an offense involving
a Federal health care offense.''.
SEC. 247. INJUNCTIVE RELIEF RELATING TO HEALTH CARE OFFENSES.
(a) In General.--Section 1345(a)(1) of title 18, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) committing or about to commit a Federal health care
offense.''.
(b) Freezing of Assets.--Section 1345(a)(2) of title 18,
United States Code, is amended by inserting ``or a Federal
health care offense'' after ``title)''.
SEC. 248. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.
(a) In General.--Chapter 223 of title 18, United States
Code, is amended by adding after section 3485 the following:
``Sec. 3486. Authorized investigative demand procedures
``(a) Authorization.--(1) In any investigation relating to
any act or activity involving a Federal health care offense,
the Attorney General or the Attorney General's designee may
issue in writing and cause to be served a subpoena--
``(A) requiring the production of any records (including
any books, papers, documents, electronic media, or other
objects or tangible things), which may be relevant to an
authorized law enforcement inquiry, that a person or legal
entity may possess or have care, custody, or control; or
``(B) requiring a custodian of records to give testimony
concerning the production and authentication of such records.
``(2) A subpoena under this subsection shall describe the
objects required to be produced and prescribe a return date
within a reasonable period of time within which the objects
can be assembled and made available.
``(3) The production of records shall not be required under
this section at any place more than 500 miles distant from
the place where the subpoena for the production of such
records is served.
``(4) Witnesses summoned under this section shall be paid
the same fees and mileage that are paid witnesses in the
courts of the United States.
``(b) Service.--A subpoena issued under this section may be
served by any person who is at least 18 years of age and is
designated in the subpoena to serve it. Service upon a
natural person may be made by personal delivery of the
subpoena to him. Service may be made upon a domestic or
foreign corporation or upon a partnership or other
unincorporated association which is subject to suit under a
common name, by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent authorized
by appointment or by law to receive service of process. The
affidavit of the person serving the subpoena entered on a
true copy thereof by the person serving it shall be proof of
service.
``(c) Enforcement.--In the case of contumacy by or refusal
to obey a subpoena issued to any person, the Attorney General
may invoke the aid of any court of the United States within
the jurisdiction of which the investigation is carried on or
of which the subpoenaed person is an inhabitant, or in which
he carries on business or may be found, to compel compliance
with the subpoena. The court may issue an order requiring the
subpoenaed person to appear before the Attorney General to
produce records, if so ordered, or to give testimony
concerning the production and authentication of such records.
Any failure to obey the order of the court may be punished by
the court as a contempt thereof. All process in any such case
may be served in any judicial district in which such person
may be found.
``(d) Immunity From Civil Liability.--Notwithstanding any
Federal, State, or local law, any person, including officers,
agents, and employees, receiving a summons under this
section, who complies in good faith with the summons and thus
produces the materials sought, shall not be liable in any
court of any State or the United States to any customer or
other person for such production or for nondisclosure of that
production to the customer.
``(e) Limitation on Use.--(1) Health information about an
individual that is disclosed under this section may not be
used in, or disclosed to any person for use in, any
administrative, civil, or criminal action or investigation
directed against the individual who is the subject of the
information unless the action or investigation arises out of
and is directly related to receipt of health care or payment
for health care or action involving a fraudulent claim
related to health; or if authorized by an appropriate order
of a court of competent jurisdiction, granted after
application showing good cause therefor.
``(2) In assessing good cause, the court shall weigh the
public interest and the need for disclosure against the
injury to the patient, to the physician-patient relationship,
and to the treatment services.
``(3) Upon the granting of such order, the court, in
determining the extent to which any disclosure of all or any
part of any record is necessary, shall impose appropriate
safeguards against unauthorized disclosure.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 223 of title 18, United States Code, is
amended by inserting after the item relating to section 3485
the following new item:
``3486. Authorized investigative demand procedures.''.
(c) Conforming Amendment.--Section 1510(b)(3)(B) of title
18, United States Code, is amended by inserting ``or a
Department of Justice subpoena (issued under section 3486 of
title 18),'' after ``subpoena''.
SEC. 249. FORFEITURES FOR FEDERAL HEALTH CARE OFFENSES.
(a) In General.--Section 982(a) of title 18, United States
Code, is amended by adding after paragraph (5) the following
new paragraph:
``(6) The court, in imposing sentence on a person convicted
of a Federal health care offense, shall order the person to
forfeit property, real or personal, that constitutes or is
derived, directly or indirectly, from gross proceeds
traceable to the commission of the offense.''.
(b) Conforming Amendment.--Section 982(b)(1)(A) of title
18, United States Code, is amended by inserting ``or (a)(6)''
after ``(a)(1)''.
(c) Property Forfeited Deposited in Federal Hospital
Insurance Trust Fund.--
(1) In general.--After the payment of the costs of asset
forfeiture has been made and after all restoration payments
(if any) have been made, and notwithstanding any other
provision of law, the Secretary of the Treasury shall deposit
into the Federal Hospital Insurance Trust Fund pursuant to
section 1817(k)(2)(C) of the Social Security Act, as added by
section 301(b), an amount equal to the net amount realized
from the forfeiture of property by reason of a Federal health
care offense pursuant to section 982(a)(6) of title 18,
United States Code.
(2) Costs of asset forfeiture.--For purposes of paragraph
(1), the term ``payment of the costs of asset forfeiture''
means--
(A) the payment, at the discretion of the Attorney General,
of any expenses necessary to seize, detain, inventory,
safeguard, maintain, advertise, sell, or dispose of property
under seizure, detention, or forfeited, or of any other
necessary expenses incident to the seizure, detention,
forfeiture, or disposal of such property, including payment
for--
(i) contract services;
(ii) the employment of outside contractors to operate and
manage properties or provide other specialized services
necessary to dispose of such properties in an effort to
maximize the return from such properties; and
(iii) reimbursement of any Federal, State, or local agency
for any expenditures made to perform the functions described
in this subparagraph;
(B) at the discretion of the Attorney General, the payment
of awards for information or assistance leading to a civil or
criminal forfeiture involving any Federal agency
participating in the Health Care Fraud and Abuse Control
Account;
(C) the compromise and payment of valid liens and mortgages
against property that has been forfeited, subject to the
discretion of the Attorney General to determine the validity
of any such lien or mortgage and the amount of payment to be
made, and the employment of attorneys and other personnel
skilled in State real estate law as necessary;
(D) payment authorized in connection with remission or
mitigation procedures relating to property forfeited; and
(E) the payment of State and local property taxes on
forfeited real property that accrued between the date of the
violation giving rise to the forfeiture and the date of the
forfeiture order.
(3) Restoration payment.--Notwithstanding any other
provision of law, if the Federal health care offense referred
to in paragraph (1) resulted in a loss to an employee welfare
benefit plan within the meaning of section 3(1) of the
Employee Retirement Income Security Act of 1974, the
Secretary of the Treasury shall transfer to such employee
welfare benefit plan, from the amount realized from the
forfeiture of property referred to in paragraph (1), an
amount equal to such loss. For purposes of paragraph (1), the
term `restoration payment' means the amount transferred to an
employee welfare benefit plan pursuant to this paragraph.''.
SEC. 250. RELATION TO ERISA AUTHORITY.
Nothing in this subtitle shall be construed as affecting
the authority of the Secretary of Labor under section 506(b)
of the Employee Retirement Income Security Act of 1974,
including the Secretary's authority with re
[[Page 1883]]
spect to violations of title 18, United States Code (as
amended by this subtitle).
Subtitle F--Administrative Simplification
SEC. 261. PURPOSE.
It is the purpose of this subtitle to improve the medicare
program under title XVIII of the Social Security Act, the
medicaid program under title XIX of such Act, and the
efficiency and effectiveness of the health care system, by
encouraging the development of a health information system
through the establishment of standards and requirements for
the electronic transmission of certain health information.
SEC. 262. ADMINISTRATIVE SIMPLIFICATION.
(a) In General.--Title XI (42 U.S.C. 1301 et seq.) is
amended by adding at the end the following:
``Part C--Administrative Simplification
``definitions
``Sec. 1171. For purposes of this part:
``(1) Code set.--The term `code set' means any set of codes
used for encoding data elements, such as tables of terms,
medical concepts, medical diagnostic codes, or medical
procedure codes.
``(2) Health care clearinghouse.--The term `health care
clearinghouse' means a public or private entity that
processes or facilitates the processing of nonstandard data
elements of health information into standard data elements.
``(3) Health care provider.--The term `health care
provider' includes a provider of services (as defined in
section 1861(u)), a provider of medical or other health
services (as defined in section 1861(s)), and any other
person furnishing health care services or supplies.
``(4) Health information.--The term `health information'
means any information, whether oral or recorded in any form
or medium, that--
``(A) is created or received by a health care provider,
health plan, public health authority, employer, life insurer,
school or university, or health care clearinghouse; and
``(B) relates to the past, present, or future physical or
mental health or condition of an individual, the provision of
health care to an individual, or the past, present, or future
payment for the provision of health care to an individual.
``(5) Health plan.--The term `health plan' means an
individual or group plan that provides, or pays the cost of,
medical care (as such term is defined in section 2791 of the
Public Health Service Act). Such term includes the following,
and any combination thereof:
``(A) A group health plan (as defined in section 2791(a) of
the Public Health Service Act), but only if the plan--
``(i) has 50 or more participants (as defined in section
3(7) of the Employee Retirement Income Security Act of 1974);
or
``(ii) is administered by an entity other than the employer
who established and maintains the plan.
``(B) A health insurance issuer (as defined in section
2791(b) of the Public Health Service Act).
``(C) A health maintenance organization (as defined in
section 2791(b) of the Public Health Service Act).
``(D) Part A or part B of the medicare program under title
XVIII.
``(E) The medicaid program under title XIX.
``(F) A medicare supplemental policy (as defined in section
1882(g)(1)).
``(G) A long-term care policy, including a nursing home
fixed indemnity policy (unless the Secretary determines that
such a policy does not provide sufficiently comprehensive
coverage of a benefit so that the policy should be treated as
a health plan).
``(H) An employee welfare benefit plan or any other
arrangement which is established or maintained for the
purpose of offering or providing health benefits to the
employees of 2 or more employers.
``(I) The health care program for active military personnel
under title 10, United States Code.
``(J) The veterans health care program under chapter 17 of
title 38, United States Code.
``(K) The Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS), as defined in section 1072(4)
of title 10, United States Code.
``(L) The Indian health service program under the Indian
Health Care Improvement Act (25 U.S.C. 1601 et seq.).
``(M) The Federal Employees Health Benefit Plan under
chapter 89 of title 5, United States Code.
``(6) Individually identifiable health information.--The
term `individually identifiable health information' means any
information, including demographic information collected from
an individual, that--
``(A) is created or received by a health care provider,
health plan, employer, or health care clearinghouse; and
``(B) relates to the past, present, or future physical or
mental health or condition of an individual, the provision of
health care to an individual, or the past, present, or future
payment for the provision of health care to an individual,
and--
``(i) identifies the individual; or
``(ii) with respect to which there is a reasonable basis to
believe that the information can be used to identify the
individual.
``(7) Standard.--The term `standard', when used with
reference to a data element of health information or a
transaction referred to in section 1173(a)(1), means any such
data element or transaction that meets each of the standards
and implementation specifications adopted or established by
the Secretary with respect to the data element or transaction
under sections 1172 through 1174.
``(8) Standard setting organization.--The term `standard
setting organization' means a standard setting organization
accredited by the American National Standards Institute,
including the National Council for Prescription Drug
Programs, that develops standards for information
transactions, data elements, or any other standard that is
necessary to, or will facilitate, the implementation of this
part.
``general requirements for adoption of standards
``Sec. 1172. (a) Applicability.--Any standard adopted under
this part shall apply, in whole or in part, to the following
persons:
``(1) A health plan.
``(2) A health care clearinghouse.
``(3) A health care provider who transmits any health
information in electronic form in connection with a
transaction referred to in section 1173(a)(1).
``(b) Reduction of Costs.--Any standard adopted under this
part shall be consistent with the objective of reducing the
administrative costs of providing and paying for health care.
``(c) Role of Standard Setting Organizations.--
``(1) In general.--Except as provided in paragraph (2), any
standard adopted under this part shall be a standard that has
been developed, adopted, or modified by a standard setting
organization.
``(2) Special rules.--
``(A) Different standards.--The Secretary may adopt a
standard that is different from any standard developed,
adopted, or modified by a standard setting organization, if--
``(i) the different standard will substantially reduce
administrative costs to health care providers and health
plans compared to the alternatives; and
``(ii) the standard is promulgated in accordance with the
rulemaking procedures of subchapter III of chapter 5 of title
5, United States Code.
``(B) No standard by standard setting organization.--If no
standard setting organization has developed, adopted, or
modified any standard relating to a standard that the
Secretary is authorized or required to adopt under this
part--
``(i) paragraph (1) shall not apply; and
``(ii) subsection (f) shall apply.
``(3) Consultation requirement.--
``(A) In general.--A standard may not be adopted under this
part unless--
``(i) in the case of a standard that has been developed,
adopted, or modified by a standard setting organization, the
organization consulted with each of the organizations
described in subparagraph (B) in the course of such
development, adoption, or modification; and
``(ii) in the case of any other standard, the Secretary, in
complying with the requirements of subsection (f), consulted
with each of the organizations described in subparagraph (B)
before adopting the standard.
``(B) Organizations described.--The organizations referred
to in subparagraph (A) are the following:
``(i) The National Uniform Billing Committee.
``(ii) The National Uniform Claim Committee.
``(iii) The Workgroup for Electronic Data Interchange.
``(iv) The American Dental Association.
``(d) Implementation Specifications.--The Secretary shall
establish specifications for implementing each of the
standards adopted under this part.
``(e) Protection of Trade Secrets.--Except as otherwise
required by law, a standard adopted under this part shall not
require disclosure of trade secrets or confidential
commercial information by a person required to comply with
this part.
``(f) Assistance to the Secretary.--In complying with the
requirements of this part, the Secretary shall rely on the
recommendations of the National Committee on Vital and Health
Statistics established under section 306(k) of the Public
Health Service Act (42 U.S.C. 242k(k)), and shall consult
with appropriate Federal and State agencies and private
organizations. The Secretary shall publish in the Federal
Register any recommendation of the National Committee on
Vital and Health Statistics regarding the adoption of a
standard under this part.
``(g) Application to Modifications of Standards.--This
section shall apply to a modification to a standard
(including an addition to a standard) adopted under section
1174(b) in the same manner as it applies to an initial
standard adopted under section 1174(a).
``standards for information transactions and data elements
``Sec. 1173. (a) Standards to Enable Electronic Exchange.--
``(1) In general.--The Secretary shall adopt standards for
transactions, and data elements for such transactions, to
enable health information to be exchanged electronically,
that are appropriate for--
``(A) the financial and administrative transactions
described in paragraph (2); and
``(B) other financial and administrative transactions
determined appropriate by the Secretary, consistent with the
goals of improving the operation of the health care system
and reducing administrative costs.
``(2) Transactions.--The transactions referred to in
paragraph (1)(A) are transactions with respect to the
following:
[[Page 1884]]
``(A) Health claims or equivalent encounter information.
``(B) Health claims attachments.
``(C) Enrollment and disenrollment in a health plan.
``(D) Eligibility for a health plan.
``(E) Health care payment and remittance advice.
``(F) Health plan premium payments.
``(G) First report of injury.
``(H) Health claim status.
``(I) Referral certification and authorization.
``(3) Accommodation of specific providers.--The standards
adopted by the Secretary under paragraph (1) shall
accommodate the needs of different types of health care
providers.
``(b) Unique Health Identifiers.--
``(1) In general.--The Secretary shall adopt standards
providing for a standard unique health identifier for each
individual, employer, health plan, and health care provider
for use in the health care system. In carrying out the
preceding sentence for each health plan and health care
provider, the Secretary shall take into account multiple uses
for identifiers and multiple locations and specialty
classifications for health care providers.
``(2) Use of identifiers.--The standards adopted under
paragraphs (1) shall specify the purposes for which a unique
health identifier may be used.
``(c) Code Sets.--
``(1) In general.--The Secretary shall adopt standards
that--
``(A) select code sets for appropriate data elements for
the transactions referred to in subsection (a)(1) from among
the code sets that have been developed by private and public
entities; or
``(B) establish code sets for such data elements if no code
sets for the data elements have been developed.
``(2) Distribution.--The Secretary shall establish
efficient and low-cost procedures for distribution (including
electronic distribution) of code sets and modifications made
to such code sets under section 1174(b).
``(d) Security Standards for Health Information.--
``(1) Security standards.--The Secretary shall adopt
security standards that--
``(A) take into account--
``(i) the technical capabilities of record systems used to
maintain health information;
``(ii) the costs of security measures;
``(iii) the need for training persons who have access to
health information;
``(iv) the value of audit trails in computerized record
systems; and
``(v) the needs and capabilities of small health care
providers and rural health care providers (as such providers
are defined by the Secretary); and
``(B) ensure that a health care clearinghouse, if it is
part of a larger organization, has policies and security
procedures which isolate the activities of the health care
clearinghouse with respect to processing information in a
manner that prevents unauthorized access to such information
by such larger organization.
``(2) Safeguards.--Each person described in section 1172(a)
who maintains or transmits health information shall maintain
reasonable and appropriate administrative, technical, and
physical safeguards--
``(A) to ensure the integrity and confidentiality of the
information;
``(B) to protect against any reasonably anticipated--
``(i) threats or hazards to the security or integrity of
the information; and
``(ii) unauthorized uses or disclosures of the information;
and
``(C) otherwise to ensure compliance with this part by the
officers and employees of such person.
``(e) Electronic Signature.--
``(1) Standards.--The Secretary, in coordination with the
Secretary of Commerce, shall adopt standards specifying
procedures for the electronic transmission and authentication
of signatures with respect to the transactions referred to in
subsection (a)(1).
``(2) Effect of compliance.--Compliance with the standards
adopted under paragraph (1) shall be deemed to satisfy
Federal and State statutory requirements for written
signatures with respect to the transactions referred to in
subsection (a)(1).
``(f) Transfer of Information Among Health Plans.--The
Secretary shall adopt standards for transferring among health
plans appropriate standard data elements needed for the
coordination of benefits, the sequential processing of
claims, and other data elements for individuals who have more
than one health plan.
``timetables for adoption of standards
``Sec. 1174. (a) Initial Standards.--The Secretary shall
carry out section 1173 not later than 18 months after the
date of the enactment of the Health Insurance Portability and
Accountability Act of 1996, except that standards relating to
claims attachments shall be adopted not later than 30 months
after such date.
``(b) Additions and Modifications to Standards.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall review the standards adopted under section
1173, and shall adopt modifications to the standards
(including additions to the standards), as determined
appropriate, but not more frequently than once every 12
months. Any addition or modification to a standard shall be
completed in a manner which minimizes the disruption and cost
of compliance.
``(2) Special rules.--
``(A) First 12-month period.--Except with respect to
additions and modifications to code sets under subparagraph
(B), the Secretary may not adopt any modification to a
standard adopted under this part during the 12-month period
beginning on the date the standard is initially adopted,
unless the Secretary determines that the modification is
necessary in order to permit compliance with the standard.
``(B) Additions and modifications to code sets.--
``(i) In general.--The Secretary shall ensure that
procedures exist for the routine maintenance, testing,
enhancement, and expansion of code sets.
``(ii) Additional rules.--If a code set is modified under
this subsection, the modified code set shall include
instructions on how data elements of health information that
were encoded prior to the modification may be converted or
translated so as to preserve the informational value of the
data elements that existed before the modification. Any
modification to a code set under this subsection shall be
implemented in a manner that minimizes the disruption and
cost of complying with such modification.
``requirements
``Sec. 1175. (a) Conduct of Transactions by Plans.--
``(1) In general.--If a person desires to conduct a
transaction referred to in section 1173(a)(1) with a health
plan as a standard transaction--
``(A) the health plan may not refuse to conduct such
transaction as a standard transaction;
``(B) the insurance plan may not delay such transaction, or
otherwise adversely affect, or attempt to adversely affect,
the person or the transaction on the ground that the
transaction is a standard transaction; and
``(C) the information transmitted and received in
connection with the transaction shall be in the form of
standard data elements of health information.
``(2) Satisfaction of requirements.--A health plan may
satisfy the requirements under paragraph (1) by--
``(A) directly transmitting and receiving standard data
elements of health information; or
``(B) submitting nonstandard data elements to a health care
clearinghouse for processing into standard data elements and
transmission by the health care clearinghouse, and receiving
standard data elements through the health care clearinghouse.
``(3) Timetable for compliance.--Paragraph (1) shall not be
construed to require a health plan to comply with any
standard, implementation specification, or modification to a
standard or specification adopted or established by the
Secretary under sections 1172 through 1174 at any time prior
to the date on which the plan is required to comply with the
standard or specification under subsection (b).
``(b) Compliance With Standards.--
``(1) Initial compliance.--
``(A) In general.--Not later than 24 months after the date
on which an initial standard or implementation specification
is adopted or established under sections 1172 and 1173, each
person to whom the standard or implementation specification
applies shall comply with the standard or specification.
``(B) Special rule for small health plans.--In the case of
a small health plan, paragraph (1) shall be applied by
substituting `36 months' for `24 months'. For purposes of
this subsection, the Secretary shall determine the plans that
qualify as small health plans.
``(2) Compliance With modified standards.--If the Secretary
adopts a modification to a standard or implementation
specification under this part, each person to whom the
standard or implementation specification applies shall comply
with the modified standard or implementation specification at
such time as the Secretary determines appropriate, taking
into account the time needed to comply due to the nature and
extent of the modification. The time determined appropriate
under the preceding sentence may not be earlier than the last
day of the 180-day period beginning on the date such
modification is adopted. The Secretary may extend the time
for compliance for small health plans, if the Secretary
determines that such extension is appropriate.
``(3) Construction.--Nothing in this subsection shall be
construed to prohibit any person from complying with a
standard or specification by--
``(A) submitting nonstandard data elements to a health care
clearinghouse for processing into standard data elements and
transmission by the health care clearinghouse; or
``(B) receiving standard data elements through a health
care clearinghouse.
``general penalty for failure to comply with requirements and standards
``Sec. 1176. (a) General Penalty.--
``(1) In general.--Except as provided in subsection (b),
the Secretary shall impose on any person who violates a
provision of this part a penalty of not more than $100 for
each such violation, except that the total amount imposed on
the person for all violations of an identical requirement or
prohibition during a calendar year may not exceed $25,000.
``(2) Procedures.--The provisions of section 1128A (other
than subsections (a) and (b) and the second sentence of
subsection (f)) shall apply to the imposition of a civil
[[Page 1885]]
money penalty under this subsection in the same manner as
such provisions apply to the imposition of a penalty under
such section 1128A.
``(b) Limitations.--
``(1) Offenses otherwise punishable.--A penalty may not be
imposed under subsection (a) with respect to an act if the
act constitutes an offense punishable under section 1177.
``(2) Noncompliance not discovered.--A penalty may not be
imposed under subsection (a) with respect to a provision of
this part if it is established to the satisfaction of the
Secretary that the person liable for the penalty did not
know, and by exercising reasonable diligence would not have
known, that such person violated the provision.
``(3) Failures due to reasonable cause.--
``(A) In general.--Except as provided in subparagraph (B),
a penalty may not be imposed under subsection (a) if--
``(i) the failure to comply was due to reasonable cause and
not to willful neglect; and
``(ii) the failure to comply is corrected during the 30-day
period beginning on the first date the person liable for the
penalty knew, or by exercising reasonable diligence would
have known, that the failure to comply occurred.
``(B) Extension of period.--
``(i) No penalty.--The period referred to in subparagraph
(A)(ii) may be extended as determined appropriate by the
Secretary based on the nature and extent of the failure to
comply.
``(ii) Assistance.--If the Secretary determines that a
person failed to comply because the person was unable to
comply, the Secretary may provide technical assistance to the
person during the period described in subparagraph (A)(ii).
Such assistance shall be provided in any manner determined
appropriate by the Secretary.
``(4) Reduction.--In the case of a failure to comply which
is due to reasonable cause and not to willful neglect, any
penalty under subsection (a) that is not entirely waived
under paragraph (3) may be waived to the extent that the
payment of such penalty would be excessive relative to the
compliance failure involved.
``wrongful disclosure of individually identifiable health information
``Sec. 1177. (a) Offense.--A person who knowingly and in
violation of this part--
``(1) uses or causes to be used a unique health identifier;
``(2) obtains individually identifiable health information
relating to an individual; or
``(3) discloses individually identifiable health
information to another person,
shall be punished as provided in subsection (b).
``(b) Penalties.--A person described in subsection (a)
shall--
``(1) be fined not more than $50,000, imprisoned not more
than 1 year, or both;
``(2) if the offense is committed under false pretenses, be
fined not more than $100,000, imprisoned not more than 5
years, or both; and
``(3) if the offense is committed with intent to sell,
transfer, or use individually identifiable health information
for commercial advantage, personal gain, or malicious harm,
fined not more than $250,000, imprisoned not more than 10
years, or both.
``effect on state law
``Sec. 1178. (a) General Effect.--
``(1) General rule.--Except as provided in paragraph (2), a
provision or requirement under this part, or a standard or
implementation specification adopted or established under
sections 1172 through 1174, shall supersede any contrary
provision of State law, including a provision of State law
that requires medical or health plan records (including
billing information) to be maintained or transmitted in
written rather than electronic form.
``(2) Exceptions.--A provision or requirement under this
part, or a standard or implementation specification adopted
or established under sections 1172 through 1174, shall not
supersede a contrary provision of State law, if the provision
of State law--
``(A) is a provision the Secretary determines--
``(i) is necessary--
``(I) to prevent fraud and abuse;
``(II) to ensure appropriate State regulation of insurance
and health plans;
``(III) for State reporting on health care delivery or
costs; or
``(IV) for other purposes; or
``(ii) addresses controlled substances; or
``(B) subject to section 264(c)(2) of the Health Insurance
Portability and Accountability Act of 1996, relates to the
privacy of individually identifiable health information.
``(b) Public Health.--Nothing in this part shall be
construed to invalidate or limit the authority, power, or
procedures established under any law providing for the
reporting of disease or injury, child abuse, birth, or death,
public health surveillance, or public health investigation or
intervention.
``(c) State Regulatory Reporting.--Nothing in this part
shall limit the ability of a State to require a health plan
to report, or to provide access to, information for
management audits, financial audits, program monitoring and
evaluation, facility licensure or certification, or
individual licensure or certification.
``processing payment transactions by financial institutions
``Sec. 1179. To the extent that an entity is engaged in
activities of a financial institution (as defined in section
1101 of the Right to Financial Privacy Act of 1978), or is
engaged in authorizing, processing, clearing, settling,
billing, transferring, reconciling, or collecting payments,
for a financial institution, this part, and any standard
adopted under this part, shall not apply to the entity with
respect to such activities, including the following:
``(1) The use or disclosure of information by the entity
for authorizing, processing, clearing, settling, billing,
transferring, reconciling or collecting, a payment for, or
related to, health plan premiums or health care, where such
payment is made by any means, including a credit, debit, or
other payment card, an account, check, or electronic funds
transfer.
``(2) The request for, or the use or disclosure of,
information by the entity with respect to a payment described
in paragraph (1)--
``(A) for transferring receivables;
``(B) for auditing;
``(C) in connection with--
``(i) a customer dispute; or
``(ii) an inquiry from, or to, a customer;
``(D) in a communication to a customer of the entity
regarding the customer's transactions, payment card, account,
check, or electronic funds transfer;
``(E) for reporting to consumer reporting agencies; or
``(F) for complying with--
``(i) a civil or criminal subpoena; or
``(ii) a Federal or State law regulating the entity.''.
(b) Conforming Amendments.--
(1) Requirement for medicare providers.--Section 1866(a)(1)
(42 U.S.C. 1395cc(a)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (P);
(B) by striking the period at the end of subparagraph (Q)
and inserting ``; and''; and
(C) by inserting immediately after subparagraph (Q) the
following new subparagraph:
``(R) to contract only with a health care clearinghouse (as
defined in section 1171) that meets each standard and
implementation specification adopted or established under
part C of title XI on or after the date on which the health
care clearinghouse is required to comply with the standard or
specification.''.
(2) Title heading.--Title XI (42 U.S.C. 1301 et seq.) is
amended by striking the title heading and inserting the
following:
``TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION''.
SEC. 263. CHANGES IN MEMBERSHIP AND DUTIES OF NATIONAL
COMMITTEE ON VITAL AND HEALTH STATISTICS.
Section 306(k) of the Public Health Service Act (42 U.S.C.
242k(k)) is amended--
(1) in paragraph (1), by striking ``16'' and inserting
``18'';
(2) by amending paragraph (2) to read as follows:
``(2) The members of the Committee shall be appointed from
among persons who have distinguished themselves in the fields
of health statistics, electronic interchange of health care
information, privacy and security of electronic information,
population-based public health, purchasing or financing
health care services, integrated computerized health
information systems, health services research, consumer
interests in health information, health data standards,
epidemiology, and the provision of health services. Members
of the Committee shall be appointed for terms of 4 years.'';
(3) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting after
paragraph (2) the following:
``(3) Of the members of the Committee--
``(A) 1 shall be appointed, not later than 60 days after
the date of the enactment of the Health Insurance Portability
and Accountability Act of 1996, by the Speaker of the House
of Representatives after consultation with the minority
leader of the House of Representatives;
``(B) 1 shall be appointed, not later than 60 days after
the date of the enactment of the Health Insurance Portability
and Accountability Act of 1996, by the President pro tempore
of the Senate after consultation with the minority leader of
the Senate; and
``(C) 16 shall be appointed by the Secretary.'';
(4) by amending paragraph (5) (as so redesignated) to read
as follows:
``(5) The Committee--
``(A) shall assist and advise the Secretary--
``(i) to delineate statistical problems bearing on health
and health services which are of national or international
interest;
``(ii) to stimulate studies of such problems by other
organizations and agencies whenever possible or to make
investigations of such problems through subcommittees;
``(iii) to determine, approve, and revise the terms,
definitions, classifications, and guidelines for assessing
health status and health services, their distribution and
costs, for use (I) within the Department of Health and Human
Services, (II) by all programs administered or funded by the
Secretary, including the Federal-State-local cooperative
health statistics system referred to in subsection (e), and
(III) to the extent possible as determined by the head of the
agency involved, by the Department of Veterans Affairs, the
Department of Defense, and other Federal agencies concerned
with health and health services;
``(iv) with respect to the design of and approval of health
statistical and health infor
[[Page 1886]]
mation systems concerned with the collection, processing, and
tabulation of health statistics within the Department of
Health and Human Services, with respect to the Cooperative
Health Statistics System established under subsection (e),
and with respect to the standardized means for the collection
of health information and statistics to be established by the
Secretary under subsection (j)(1);
``(v) to review and comment on findings and proposals
developed by other organizations and agencies and to make
recommendations for their adoption or implementation by
local, State, national, or international agencies;
``(vi) to cooperate with national committees of other
countries and with the World Health Organization and other
national agencies in the studies of problems of mutual
interest;
``(vii) to issue an annual report on the state of the
Nation's health, its health services, their costs and
distributions, and to make proposals for improvement of the
Nation's health statistics and health information systems;
and
``(viii) in complying with the requirements imposed on the
Secretary under part C of title XI of the Social Security
Act;
``(B) shall study the issues related to the adoption of
uniform data standards for patient medical record information
and the electronic exchange of such information;
``(C) shall report to the Secretary not later than 4 years
after the date of the enactment of the Health Insurance
Portability and Accountability Act of 1996 recommendations
and legislative proposals for such standards and electronic
exchange; and
``(D) shall be responsible generally for advising the
Secretary and the Congress on the status of the
implementation of part C of title XI of the Social Security
Act.''; and
(5) by adding at the end the following:
``(7) Not later than 1 year after the date of the enactment
of the Health Insurance Portability and Accountability Act of
1996, and annually thereafter, the Committee shall submit to
the Congress, and make public, a report regarding the
implementation of part C of title XI of the Social Security
Act. Such report shall address the following subjects, to the
extent that the Committee determines appropriate:
``(A) The extent to which persons required to comply with
part C of title XI of the Social Security Act are cooperating
in implementing the standards adopted under such part.
``(B) The extent to which such entities are meeting the
security standards adopted under such part and the types of
penalties assessed for noncompliance with such standards.
``(C) Whether the Federal and State Governments are
receiving information of sufficient quality to meet their
responsibilities under such part.
``(D) Any problems that exist with respect to
implementation of such part.
``(E) The extent to which timetables under such part are
being met.''.
SEC. 264. RECOMMENDATIONS WITH RESPECT TO PRIVACY OF CERTAIN
HEALTH INFORMATION.
(a) In General.--Not later than the date that is 12 months
after the date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committee on
Labor and Human Resources and the Committee on Finance of the
Senate and the Committee on Commerce and the Committee on
Ways and Means of the House of Representatives detailed
recommendations on standards with respect to the privacy of
individually identifiable health information.
(b) Subjects for Recommendations.--The recommendations
under subsection (a) shall address at least the following:
(1) The rights that an individual who is a subject of
individually identifiable health information should have.
(2) The procedures that should be established for the
exercise of such rights.
(3) The uses and disclosures of such information that
should be authorized or required.
(c) Regulations.--
(1) In general.--If legislation governing standards with
respect to the privacy of individually identifiable health
information transmitted in connection with the transactions
described in section 1173(a) of the Social Security Act (as
added by section 262) is not enacted by the date that is 36
months after the date of the enactment of this Act, the
Secretary of Health and Human Services shall promulgate final
regulations containing such standards not later than the date
that is 42 months after the date of the enactment of this
Act. Such regulations shall address at least the subjects
described in subsection (b).
(2) Preemption.--A regulation promulgated under paragraph
(1) shall not supercede a contrary provision of State law, if
the provision of State law imposes requirements, standards,
or implementation specifications that are more stringent than
the requirements, standards, or implementation specifications
imposed under the regulation.
(d) Consultation.--In carrying out this section, the
Secretary of Health and Human Services shall consult with--
(1) the National Committee on Vital and Health Statistics
established under section 306(k) of the Public Health Service
Act (42 U.S.C. 242k(k)); and
(2) the Attorney General.
Subtitle G--Duplication and Coordination of Medicare-Related Plans
SEC. 271. DUPLICATION AND COORDINATION OF MEDICARE-RELATED
PLANS.
(a) Treatment of Certain Health Insurance Policies as
Nonduplicative.--Section 1882(d)(3)(A) (42 U.S.C.
1395ss(d)(3)(A)) is amended--
(1) in clause (iii), by striking ``clause (i)'' and
inserting ``clause (i)(II)''; and
(2) by adding at the end the following:
``(iv) For purposes of this subparagraph, a health
insurance policy (other than a medicare supplemental policy)
providing for benefits which are payable to or on behalf of
an individual without regard to other health benefit coverage
of such individual is not considered to `duplicate' any
health benefits under this title, under title XIX, or under a
health insurance policy, and subclauses (I) and (III) of
clause (i) do not apply to such a policy.
``(v) For purposes of this subparagraph, a health insurance
policy (or a rider to an insurance contract which is not a
health insurance policy) is not considered to `duplicate'
health benefits under this title or under another health
insurance policy if it--
``(I) provides health care benefits only for long-term
care, nursing home care, home health care, or community-based
care, or any combination thereof,
``(II) coordinates against or excludes items and services
available or paid for under this title or under another
health insurance policy, and
``(III) for policies sold or issued on or after the end of
the 90-day period beginning on the date of enactment of the
Health Insurance Portability and Accountability Act of 1996)
discloses such coordination or exclusion in the policy's
outline of coverage.
For purposes of this clause, the terms `coordinates' and
`coordination' mean, with respect to a policy in relation to
health benefits under this title or under another health
insurance policy, that the policy under its terms is
secondary to, or excludes from payment, items and services to
the extent available or paid for under this title or under
another health insurance policy.
``(vi)(I) An individual entitled to benefits under part A
or enrolled under part B of this title who is applying for a
health insurance policy (other than a policy described in
subclause (III)) shall be furnished a disclosure statement
described in clause (vii) for the type of policy being
applied for. Such statement shall be furnished as a part of
(or together with) the application for such policy.
``(II) Whoever issues or sells a health insurance policy
(other than a policy described in subclause (III)) to an
individual described in subclause (I) and fails to furnish
the appropriate disclosure statement as required under such
subclause shall be fined under title 18, United States Code,
or imprisoned not more than 5 years, or both, and, in
addition to or in lieu of such a criminal penalty, is subject
to a civil money penalty of not to exceed $25,000 (or $15,000
in the case of a person other than the issuer of the policy)
for each such violation.
``(III) A policy described in this subclause (to which
subclauses (I) and (II) do not apply) is a medicare
supplemental policy or a health insurance policy identified
under 60 Federal Register 30880 (June 12, 1995) as a policy
not required to have a disclosure statement.
``(IV) Any reference in this section to the revised NAIC
model regulation (referred to in subsection (m)(1)(A)) is
deemed a reference to such regulation as revised by section
171(m)(2) of the Social Security Act Amendments of 1994
(Public Law 103-432) and as modified by substituting, for the
disclosure required under section 16D(2), disclosure under
subclause (I) of an appropriate disclosure statement under
clause (vii).
``(vii) The disclosure statement described in this clause
for a type of policy is the statement specified under
subparagraph (D) of this paragraph (as in effect before the
date of the enactment of the Health Insurance Portability and
Accountability Act of 1996) for that type of policy, as
revised as follows:
``(I) In each statement, amend the second line to read as
follows:
`THIS IS NOT MEDICARE SUPPLEMENT INSURANCE'.
``(II) In each statement, strike the third line and insert
the following: `Some health care services paid for by
Medicare may also trigger the payment of benefits under this
policy.'.
``(III) In each statement not described in subclause (V),
strike the boldface matter that begins `This insurance' and
all that follows up to the next paragraph that begins
`Medicare'.
``(IV) In each statement not described in subclause (V),
insert before the boxed matter (that states `Before You Buy
This Insurance') the following: `This policy must pay
benefits without regard to other health benefit coverage to
which you may be entitled under Medicare or other
insurance.'.
``(V) In a statement relating to policies providing both
nursing home and non-institutional coverage, to policies
providing nursing home benefits only, or policies providing
home care benefits only, amend the sentence that begins
`Federal law' to read as follows: `Federal law requires us to
inform you that in certain situations this insurance may pay
for some care also covered by Medicare.'.
``(viii)(I) Subject to subclause (II), nothing in this
subparagraph shall restrict or preclude a State's ability to
regulate health insurance policies, including any health
insurance policy that is described in clause (iv), (v), or
(vi)(III).
[[Page 1887]]
``(II) A State may not declare or specify, in statute,
regulation, or otherwise, that a health insurance policy
(other than a medicare supplemental policy) or rider to an
insurance contract which is not a health insurance policy,
that is described in clause (iv), (v), or (vi)(III) and that
is sold, issued, or renewed to an individual entitled to
benefits under part A or enrolled under part B `duplicates'
health benefits under this title or under a medicare
supplemental policy.''.
(b) Conforming Amendments.--Section 1882(d)(3) (42 U.S.C.
1395ss(d)(3)) is amended--
(1) in subparagraph (C)--
(A) by striking ``with respect to (i)'' and inserting
``with respect to'', and
(B) by striking ``, (ii) the sale'' and all that follows up
to the period at the end; and
(2) by striking subparagraph (D).
(c) Transitional Provision.--
(1) No penalties.--Subject to paragraph (3), no criminal or
civil money penalty may be imposed under section
1882(d)(3)(A) of the Social Security Act for any act or
omission that occurred during the transition period (as
defined in paragraph (4)) and that relates to any health
insurance policy that is described in clause (iv) or (v) of
such section (as amended by subsection (a)).
(2) Limitation on legal action.--Subject to paragraph (3),
no legal action shall be brought or continued in any Federal
or State court insofar as such action--
(A) includes a cause of action which arose, or which is
based on or evidenced by any act or omission which occurred,
during the transition period; and
(B) relates to the application of section 1882(d)(3)(A) of
the Social Security Act to any act or omission with respect
to the sale, issuance, or renewal of any health insurance
policy that is described in clause (iv) or (v) of such
section (as amended by subsection (a)).
(3) Disclosure condition.--In the case of a policy
described in clause (iv) of section 1882(d)(3)(A) of the
Social Security Act that is sold or issued on or after the
effective date of statements under section 171(d)(3)(C) of
the Social Security Act Amendments of 1994 and before the end
of the 30-day period beginning on the date of the enactment
of this Act, paragraphs (1) and (2) shall only apply if
disclosure was made in accordance with section
1882(d)(3)(C)(ii) of the Social Security Act (as in effect
before the date of the enactment of this Act).
(4) Transition period.--In this subsection, the term
``transition period'' means the period beginning on November
5, 1991, and ending on the date of the enactment of this Act.
(d) Effective Date.--(1) Except as provided in this
subsection, the amendment made by subsection (a) shall be
effective as if included in the enactment of section 4354 of
the Omnibus Budget Reconciliation Act of 1990.
(2)(A) Clause (vi) of section 1882(d)(3)(A) of the Social
Security Act, as added by subsection (a), shall only apply to
individuals applying for--
(i) a health insurance policy described in section
1882(d)(3)(A)(iv) of such Act (as added by subsection (a)),
after the date of the enactment of this Act, or
(ii) another health insurance policy after the end of the
30-day period beginning on the date of the enactment of this
Act.
(B) A seller or issuer of a health insurance policy may
substitute, for the disclosure statement described in clause
(vii) of such section, the statement specified under section
1882(d)(3)(D) of the Social Security Act (as in effect before
the date of the enactment of this Act), without the revision
specified in such clause.
Subtitle H--Patent Extension
SEC. 281. PATENT EXTENSION.
(a) In General.--Any owner on the date of the enactment of
this Act of the right to market a non-steroidal anti-
inflammatory drug that--
(1) contains a patented active agent,
(2) has been reviewed by the Federal Food and Drug
Administration for a period of more than 96 months as a new
drug application, and
(3) was approved as safe and effective by the Federal Food
and Drug Administration on January 31, 1991,
shall be entitled, for the 2-year period beginning on
February 28, 1997, to exclude others from making, using,
offering for sale, selling, or importing into the United
States such active agent, in accordance with section
154(a)(1) of title 35, United States Code.
(b) Infringement.--Section 271 of title 35, United States
Code, shall apply to the infringement of the entitlement
provided under subsection (a) to the same extent as such
section applies to infringement of a patent.
(c) Notification.--Not later than 30 days after the date of
the enactment of this Act, any owner granted an entitlement
under subsection (a) shall notify the Commissioner of Patents
and Trademarks and the Secretary for Health and Human
Services of such entitlement. Not later than 7 days after the
receipt of such notice, the Commissioner and the Secretary
shall publish an appropriate notice of the receipt of such
notice.
(d) Offset.--An owner described in subsection (a) shall pay
the amount of $10,000,000 to the Secretary of Health and
Human Services in each of the fiscal years 1997 and 1998 as a
condition for being eligible to qualify for the entitlement
under subsection (a). As a further condition for eligibility,
such owner shall enter into a legally binding agreement with
the Secretary of Health and Human Services which shall
provide a means for ensuring that the entitlement under
subsection (a) shall not create any net costs to the States
under the medicaid program under title XIX of the Social
Security Act.
TITLE III--TAX-RELATED HEALTH PROVISIONS
SEC. 300. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Medical Savings Accounts
SEC. 301. MEDICAL SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1
(relating to additional itemized deductions for individuals)
is amended by redesignating section 220 as section 221 and by
inserting after section 219 the following new section:
``SEC. 220. MEDICAL SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual who
is an eligible individual for any month during the taxable
year, there shall be allowed as a deduction for the taxable
year an amount equal to the aggregate amount paid in cash
during such taxable year by such individual to a medical
savings account of such individual.
``(b) Limitations.--
``(1) In general.--The amount allowable as a deduction
under subsection (a) to an individual for the taxable year
shall not exceed the sum of the monthly limitations for
months during such taxable year that the individual is an
eligible individual.
``(2) Monthly limitation.--The monthly limitation for any
month is the amount equal to \1/12\ of--
``(A) in the case of an individual who has self-only
coverage under the high deductible health plan as of the
first day of such month, 65 percent of the annual deductible
under such coverage, and
``(B) in the case of an individual who has family coverage
under the high deductible health plan as of the first day of
such month, 75 percent of the annual deductible under such
coverage.
``(3) Special rule for married individuals.--In the case of
individuals who are married to each other, if either spouse
has family coverage--
``(A) both spouses shall be treated as having only such
family coverage (and if such spouses each have family
coverage under different plans, as having the family coverage
with the lowest annual deductible), and
``(B) the limitation under paragraph (1) (after the
application of subparagraph (A) of this paragraph) shall be
divided equally between them unless they agree on a different
division.
``(4) Deduction not to exceed compensation.--
``(A) Employees.--The deduction allowed under subsection
(a) for contributions as an eligible individual described in
subclause (I) of subsection (c)(1)(A)(iii) shall not exceed
such individual's wages, salaries, tips, and other employee
compensation which are attributable to such individual's
employment by the employer referred to in such subclause.
``(B) Self-employed individuals.--The deduction allowed
under subsection (a) for contributions as an eligible
individual described in subclause (II) of subsection
(c)(1)(A)(iii) shall not exceed such individual's earned
income (as defined in section 401(c)(1)) derived by the
taxpayer from the trade or business with respect to which the
high deductible health plan is established.
``(C) Community property laws not to apply.--The
limitations under this paragraph shall be determined without
regard to community property laws.
``(5) Coordination with exclusion for employer
contributions.--No deduction shall be allowed under this
section for any amount paid for any taxable year to a medical
savings account of an individual if--
``(A) any amount is contributed to any medical savings
account of such individual for such year which is excludable
from gross income under section 106(b), or
``(B) if such individual's spouse is covered under the high
deductible health plan covering such individual, any amount
is contributed for such year to any medical savings account
of such spouse which is so excludable.
``(6) Denial of deduction to dependents.--No deduction
shall be allowed under this section to any individual with
respect to whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual' means,
with respect to any month, any individual if--
``(i) such individual is covered under a high deductible
health plan as of the 1st day of such month,
``(ii) such individual is not, while covered under a high
deductible health plan, covered under any health plan--
``(I) which is not a high deductible health plan, and
``(II) which provides coverage for any benefit which is
covered under the high deductible health plan, and
``(iii)(I) the high deductible health plan covering such
individual is established and maintained by the employer of
such indi
[[Page 1888]]
vidual or of the spouse of such individual and such employer
is a small employer, or
``(II) such individual is an employee (within the meaning
of section 401(c)(1)) or the spouse of such an employee and
the high deductible health plan covering such individual is
not established or maintained by any employer of such
individual or spouse.
``(B) Certain coverage disregarded.--Subparagraph (A)(ii)
shall be applied without regard to--
``(i) coverage for any benefit provided by permitted
insurance, and
``(ii) coverage (whether through insurance or otherwise)
for accidents, disability, dental care, vision care, or long-
term care.
``(C) Continued eligibility of employee and spouse
establishing medical savings accounts.--If, while an employer
is a small employer--
``(i) any amount is contributed to a medical savings
account of an individual who is an employee of such employer
or the spouse of such an employee, and
``(ii) such amount is excludable from gross income under
section 106(b) or allowable as a deduction under this
section,
such individual shall not cease to meet the requirement of
subparagraph (A)(iii)(I) by reason of such employer ceasing
to be a small employer so long as such employee continues to
be an employee of such employer.
``(D) Limitations on eligibility.--
``For limitations on number of taxpayers who are eligible to have
medical savings accounts, see subsection (i).
``(2) High deductible health plan.--
``(A) In general.--The term `high deductible health plan'
means a health plan--
``(i) in the case of self-only coverage, which has an
annual deductible which is not less than $1,500 and not more
than $2,250,
``(ii) in the case of family coverage, which has an annual
deductible which is not less than $3,000 and not more than
$4,500, and
``(iii) the annual out-of-pocket expenses required to be
paid under the plan (other than for premiums) for covered
benefits does not exceed--
``(I) $3,000 for self-only coverage, and
``(II) $5,500 for family coverage.
``(B) Special rules.--
``(i) Exclusion of certain plans.--Such term does not
include a health plan if substantially all of its coverage is
coverage described in paragraph (1)(B).
``(ii) Safe harbor for absence of preventive care
deductible.--A plan shall not fail to be treated as a high
deductible health plan by reason of failing to have a
deductible for preventive care if the absence of a deductible
for such care is required by State law.
``(3) Permitted insurance.--The term `permitted insurance'
means--
``(A) Medicare supplemental insurance,
``(B) insurance if substantially all of the coverage
provided under such insurance relates to--
``(i) liabilities incurred under workers' compensation
laws,
``(ii) tort liabilities,
``(iii) liabilities relating to ownership or use of
property, or
``(iv) such other similar liabilities as the Secretary may
specify by regulations,
``(C) insurance for a specified disease or illness, and
``(D) insurance paying a fixed amount per day (or other
period) of hospitalization.
``(4) Small employer.--
``(A) In general.--The term `small employer' means, with
respect to any calendar year, any employer if such employer
employed an average of 50 or fewer employees on business days
during either of the 2 preceding calendar years. For purposes
of the preceding sentence, a preceding calendar year may be
taken into account only if the employer was in existence
throughout such year.
``(B) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
1st preceding calendar year, the determination under
subparagraph (A) shall be based on the average number of
employees that it is reasonably expected such employer will
employ on business days in the current calendar year.
``(C) Certain growing employers retain treatment as small
employer.--The term `small employer' includes, with respect
to any calendar year, any employer if--
``(i) such employer met the requirement of subparagraph (A)
(determined without regard to subparagraph (B)) for any
preceding calendar year after 1996,
``(ii) any amount was contributed to the medical savings
account of any employee of such employer with respect to
coverage of such employee under a high deductible health plan
of such employer during such preceding calendar year and such
amount was excludable from gross income under section 106(b)
or allowable as a deduction under this section, and
``(iii) such employer employed an average of 200 or fewer
employees on business days during each preceding calendar
year after 1996.
``(D) Special rules.--
``(i) Controlled groups.--For purposes of this paragraph,
all persons treated as a single employer under subsection
(b), (c), (m), or (o) of section 414 shall be treated as 1
employer.
``(ii) Predecessors.--Any reference in this paragraph to an
employer shall include a reference to any predecessor of such
employer.
``(5) Family coverage.--The term `family coverage' means
any coverage other than self-only coverage.
``(d) Medical Savings Account.--For purposes of this
section--
``(1) Medical savings account.--The term `medical savings
account' means a trust created or organized in the United
States exclusively for the purpose of paying the qualified
medical expenses of the account holder, but only if the
written governing instrument creating the trust meets the
following requirements:
``(A) Except in the case of a rollover contribution
described in subsection (f)(5), no contribution will be
accepted--
``(i) unless it is in cash, or
``(ii) to the extent such contribution, when added to
previous contributions to the trust for the calendar year,
exceeds 75 percent of the highest annual limit deductible
permitted under subsection (c)(2)(A)(ii) for such calendar
year.
``(B) The trustee is a bank (as defined in section 408(n)),
an insurance company (as defined in section 816), or another
person who demonstrates to the satisfaction of the Secretary
that the manner in which such person will administer the
trust will be consistent with the requirements of this
section.
``(C) No part of the trust assets will be invested in life
insurance contracts.
``(D) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(E) The interest of an individual in the balance in his
account is nonforfeitable.
``(2) Qualified medical expenses.--
``(A) In general.--The term `qualified medical expenses'
means, with respect to an account holder, amounts paid by
such holder for medical care (as defined in section 213(d))
for such individual, the spouse of such individual, and any
dependent (as defined in section 152) of such individual, but
only to the extent such amounts are not compensated for by
insurance or otherwise.
``(B) Health insurance may not be purchased from account.--
``(i) In general.--Subparagraph (A) shall not apply to any
payment for insurance.
``(ii) Exceptions.--Clause (i) shall not apply to any
expense for coverage under--
``(I) a health plan during any period of continuation
coverage required under any Federal law,
``(II) a qualified long-term care insurance contract (as
defined in section 7702B(b)), or
``(III) a health plan during a period in which the
individual is receiving unemployment compensation under any
Federal or State law.
``(C) Medical expenses of individuals who are not eligible
individuals.--Subparagraph (A) shall apply to an amount paid
by an account holder for medical care of an individual who is
not an eligible individual for the month in which the expense
for such care is incurred only if no amount is contributed
(other than a rollover contribution) to any medical savings
account of such account holder for the taxable year which
includes such month. This subparagraph shall not apply to any
expense for coverage described in subclause (I) or (III) of
subparagraph (B)(ii).
``(3) Account holder.--The term `account holder' means the
individual on whose behalf the medical savings account was
established.
``(4) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction for
rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Except as provided in section 106(b), section
219(f)(5) (relating to employer payments).
``(D) Section 408(g) (relating to community property laws).
``(E) Section 408(h) (relating to custodial accounts).
``(e) Tax Treatment of Accounts.--
``(1) In general.--A medical savings account is exempt from
taxation under this subtitle unless such account has ceased
to be a medical savings account. Notwithstanding the
preceding sentence, any such account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to
medical savings accounts, and any amount treated as
distributed under such rules shall be treated as not used to
pay qualified medical expenses.
``(f) Tax Treatment of Distributions.--
``(1) Amounts used for qualified medical expenses.--Any
amount paid or distributed out of a medical savings account
which is used exclusively to pay qualified medical expenses
of any account holder shall not be includible in gross
income.
``(2) Inclusion of amounts not used for qualified medical
expenses.--Any amount paid or distributed out of a medical
savings account which is not used exclusively to pay the
qualified medical expenses of the account holder shall be
included in the gross income of such holder.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any medical savings account
of an individual, paragraph (2) shall not apply to
distributions from the medical savings accounts of such
individual (to the extent such distributions do not exceed
the aggregate excess contributions to all such accounts of
such individual for such year) if--
[[Page 1889]]
``(i) such distribution is received by the individual on or
before the last day prescribed by law (including extensions
of time) for filing such individual's return for such taxable
year, and
``(ii) such distribution is accompanied by the amount of
net income attributable to such excess contribution.
Any net income described in clause (ii) shall be included in
the gross income of the individual for the taxable year in
which it is received.
``(B) Excess contribution.--For purposes of subparagraph
(A), the term `excess contribution' means any contribution
(other than a rollover contribution) which is neither
excludable from gross income under section 106(b) nor
deductible under this section.
``(4) Additional tax on distributions not used for
qualified medical expenses.--
``(A) In general.--The tax imposed by this chapter on the
account holder for any taxable year in which there is a
payment or distribution from a medical savings account of
such holder which is includible in gross income under
paragraph (2) shall be increased by 15 percent of the amount
which is so includible.
``(B) Exception for disability or death.--Subparagraph (A)
shall not apply if the payment or distribution is made after
the account holder becomes disabled within the meaning of
section 72(m)(7) or dies.
``(C) Exception for distributions after medicare
eligibility.--Subparagraph (A) shall not apply to any payment
or distribution after the date on which the account holder
attains the age specified in section 1811 of the Social
Security Act.
``(5) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--Paragraph (2) shall not apply to any
amount paid or distributed from a medical savings account to
the account holder to the extent the amount received is paid
into a medical savings account for the benefit of such holder
not later than the 60th day after the day on which the holder
receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply to any
amount described in subparagraph (A) received by an
individual from a medical savings account if, at any time
during the 1-year period ending on the day of such receipt,
such individual received any other amount described in
subparagraph (A) from a medical savings account which was not
includible in the individual's gross income because of the
application of this paragraph.
``(6) Coordination with medical expense deduction.--For
purposes of determining the amount of the deduction under
section 213, any payment or distribution out of a medical
savings account for qualified medical expenses shall not be
treated as an expense paid for medical care.
``(7) Transfer of account incident to divorce.--The
transfer of an individual's interest in a medical savings
account to an individual's spouse or former spouse under a
divorce or separation instrument described in subparagraph
(A) of section 71(b)(2) shall not be considered a taxable
transfer made by such individual notwithstanding any other
provision of this subtitle, and such interest shall, after
such transfer, be treated as a medical savings account with
respect to which such spouse is the account holder.
``(8) Treatment after death of account holder.--
``(A) Treatment if designated beneficiary is spouse.--If
the account holder's surviving spouse acquires such holder's
interest in a medical savings account by reason of being the
designated beneficiary of such account at the death of the
account holder, such medical savings account shall be treated
as if the spouse were the account holder.
``(B) Other cases.--
``(i) In general.--If, by reason of the death of the
account holder, any person acquires the account holder's
interest in a medical savings account in a case to which
subparagraph (A) does not apply--
``(I) such account shall cease to be a medical savings
account as of the date of death, and
``(II) an amount equal to the fair market value of the
assets in such account on such date shall be includible if
such person is not the estate of such holder, in such
person's gross income for the taxable year which includes
such date, or if such person is the estate of such holder, in
such holder's gross income for the last taxable year of such
holder.
``(ii) Special rules.--
``(I) Reduction of inclusion for pre-death expenses.--The
amount includible in gross income under clause (i) by any
person (other than the estate) shall be reduced by the amount
of qualified medical expenses which were incurred by the
decedent before the date of the decedent's death and paid by
such person within 1 year after such date.
``(II) Deduction for estate taxes.--An appropriate
deduction shall be allowed under section 691(c) to any person
(other than the decedent or the decedent's spouse) with
respect to amounts included in gross income under clause (i)
by such person.
``(g) Cost-of-Living Adjustment.--In the case of any
taxable year beginning in a calendar year after 1998, each
dollar amount in subsection (c)(2) shall be increased by an
amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which such taxable
year begins by substituting `calendar year 1997' for
`calendar year 1992' in subparagraph (B) thereof.
If any increase under the preceding sentence is not a
multiple of $50, such increase shall be rounded to the
nearest multiple of $50.
``(h) Reports.--The Secretary may require the trustee of a
medical savings account to make such reports regarding such
account to the Secretary and to the account holder with
respect to contributions, distributions, and such other
matters as the Secretary determines appropriate. The reports
required by this subsection shall be filed at such time and
in such manner and furnished to such individuals at such time
and in such manner as may be required by the Secretary.
``(i) Limitation on Number of Taxpayers Having Medical
Savings Accounts.--
``(1) In general.--Except as provided in paragraph (5), no
individual shall be treated as an eligible individual for any
taxable year beginning after the cut-off year unless--
``(A) such individual was an active MSA participant for any
taxable year ending on or before the close of the cut-off
year, or
``(B) such individual first became an active MSA
participant for a taxable year ending after the cut-off year
by reason of coverage under a high deductible health plan of
an MSA-participating employer.
``(2) Cut-off year.--For purposes of paragraph (1), the
term `cut-off year' means the earlier of--
``(A) calendar year 2000, or
``(B) the first calendar year before 2000 for which the
Secretary determines under subsection (j) that the numerical
limitation for such year has been exceeded.
``(3) Active msa participant.--For purposes of this
subsection--
``(A) In general.--The term `active MSA participant' means,
with respect to any taxable year, any individual who is the
account holder of any medical savings account into which any
contribution was made which was excludable from gross income
under section 106(b), or allowable as a deduction under this
section, for such taxable year.
``(B) Special rule for cut-off years before 2000.--In the
case of a cut-off year before 2000--
``(i) an individual shall not be treated as an eligible
individual for any month of such year or an active MSA
participant under paragraph (1)(A) unless such individual is,
on or before the cut-off date, covered under a high
deductible health plan, and
``(ii) an employer shall not be treated as an MSA-
participating employer unless the employer, on or before the
cut-off date, offered coverage under a high deductible health
plan to any employee.
``(C) Cut-off date.--For purposes of subparagraph (B)--
``(i) In general.--Except as otherwise provided in this
subparagraph, the cut-off date is October 1 of the cut-off
year.
``(ii) Employees with enrollment periods after october 1.--
In the case of an individual described in subclause (I) of
subsection (c)(1)(A)(iii), if the regularly scheduled
enrollment period for health plans of the individual's
employer occurs during the last 3 months of the cut-off year,
the cut-off date is December 31 of the cut-off year.
``(iii) Self-employed individuals.--In the case of an
individual described in subclause (II) of subsection
(c)(1)(A)(iii), the cut-off date is November 1 of the cut-off
year.
``(iv) Special rules for 1997.--If 1997 is a cut-off year
by reason of subsection (j)(1)(A)--
``(I) each of the cut-off dates under clauses (i) and (iii)
shall be 1 month earlier than the date determined without
regard to this clause, and
``(II) clause (ii) shall be applied by substituting `4
months' for `3 months'.
``(4) MSA-participating employer.--For purposes of this
subsection, the term `MSA-participating employer' means any
small employer if--
``(A) such employer made any contribution to the medical
savings account of any employee during the cut-off year or
any preceding calendar year which was excludable from gross
income under section 106(b), or
``(B) at least 20 percent of the employees of such employer
who are eligible individuals for any month of the cut-off
year by reason of coverage under a high deductible health
plan of such employer each made a contribution of at least
$100 to their medical savings accounts for any taxable year
ending with or within the cut-off year which was allowable as
a deduction under this section.
``(5) Additional eligibility after cut-off year.--If the
Secretary determines under subsection (j)(2)(A) that the
numerical limit for the calendar year following a cut-off
year described in paragraph (2)(B) has not been exceeded--
``(A) this subsection shall not apply to any otherwise
eligible individual who is covered under a high deductible
health plan during the first 6 months of the second calendar
year following the cut-off year (and such individual shall be
treated as an active MSA participant for purposes of this
subsection if a contribution is made to any medical savings
account with respect to such coverage), and
``(B) any employer who offers coverage under a high
deductible health plan to any employee during such 6-month
period shall be treated as an MSA-participating employer for
purposes of this subsection if the requirements of paragraph
(4) are met with respect to such coverage.
For purposes of this paragraph, subsection (j)(2)(A) shall be
applied for 1998 by substituting `750,000' for `600,000'.
``(j) Determination of Whether Numerical Limits Are
Exceeded.--
[[Page 1890]]
``(1) Determination of whether limit exceeded for 1997.--
The numerical limitation for 1997 is exceeded if, based on
the reports required under paragraph (4), the number of
medical savings accounts established as of--
``(A) April 30, 1997, exceeds 375,000, or
``(B) June 30, 1997, exceeds 525,000.
``(2) Determination of whether limit exceeded for 1998 or
1999.--
``(A) In general.--The numerical limitation for 1998 or
1999 is exceeded if the sum of--
``(i) the number of MSA returns filed on or before April 15
of such calendar year for taxable years ending with or within
the preceding calendar year, plus
``(ii) the Secretary's estimate (determined on the basis of
the returns described in clause (i)) of the number of MSA
returns for such taxable years which will be filed after such
date,
exceeds 600,000 (750,000 in the case of 1999). For purposes
of the preceding sentence, the term `MSA return' means any
return on which any exclusion is claimed under section 106(b)
or any deduction is claimed under this section.
``(B) Alternative computation of limitation.--The numerical
limitation for 1998 or 1999 is also exceeded if the sum of--
``(i) 90 percent of the sum determined under subparagraph
(A) for such calendar year, plus
``(ii) the product of 2.5 and the number of medical savings
accounts established during the portion of such year
preceding July 1 (based on the reports required under
paragraph (4)) for taxable years beginning in such year,
exceeds 750,000.
``(3) Previously uninsured individuals not included in
determination.--
``(A) In general.--The determination of whether any
calendar year is a cut-off year shall be made by not counting
the medical savings account of any previously uninsured
individual.
``(B) Previously uninsured individual.--For purposes of
this subsection, the term `previously uninsured individual'
means, with respect to any medical savings account, any
individual who had no health plan coverage (other than
coverage referred to in subsection (c)(1)(B)) at any time
during the 6-month period before the date such individual's
coverage under the high deductible health plan commences.
``(4) Reporting by msa trustees.--
``(A) In general.--Not later than August 1 of 1997, 1998,
and 1999, each person who is the trustee of a medical savings
account established before July 1 of such calendar year shall
make a report to the Secretary (in such form and manner as
the Secretary shall specify) which specifies--
``(i) the number of medical savings accounts established
before such July 1 (for taxable years beginning in such
calendar year) of which such person is the trustee,
``(ii) the name and TIN of the account holder of each such
account, and
``(iii) the number of such accounts which are accounts of
previously uninsured individuals.
``(B) Additional report for 1997.--Not later than June 1,
1997, each person who is the trustee of a medical savings
account established before May 1, 1997, shall make an
additional report described in subparagraph (A) but only with
respect to accounts established before May 1, 1997.
``(C) Penalty for failure to file report.--The penalty
provided in section 6693(a) shall apply to any report
required by this paragraph, except that--
``(i) such section shall be applied by substituting `$25'
for `$50', and
``(ii) the maximum penalty imposed on any trustee shall not
exceed $5,000.
``(D) Aggregation of accounts.--To the extent practical, in
determining the number of medical savings accounts on the
basis of the reports under this paragraph, all medical
savings accounts of an individual shall be treated as 1
account and all accounts of individuals who are married to
each other shall be treated as 1 account.
``(5) Date of making determinations.--Any determination
under this subsection that a calendar year is a cut-off year
shall be made by the Secretary and shall be published not
later than October 1 of such year.
(b) Deduction Allowed Whether or Not Individual Itemizes
Other Deductions.--Subsection (a) of section 62 is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Medical savings accounts.--The deduction allowed by
section 220.''
(c) Exclusions for Employer Contributions to Medical
Savings Accounts.--
(1) Exclusion from income tax.--The text of section 106
(relating to contributions by employer to accident and health
plans) is amended to read as follows:
``(a) General Rule.--Except as otherwise provided in this
section, gross income of an employee does not include
employer-provided coverage under an accident or health plan.
``(b) Contributions to Medical Savings Accounts.--
``(1) In general.--In the case of an employee who is an
eligible individual, amounts contributed by such employee's
employer to any medical savings account of such employee
shall be treated as employer-provided coverage for medical
expenses under an accident or health plan to the extent such
amounts do not exceed the limitation under section 220(b)(1)
(determined without regard to this subsection) which is
applicable to such employee for such taxable year.
``(2) No constructive receipt.--No amount shall be included
in the gross income of any employee solely because the
employee may choose between the contributions referred to in
paragraph (1) and employer contributions to another health
plan of the employer.
``(3) Special rule for deduction of employer
contributions.--Any employer contribution to a medical
savings account, if otherwise allowable as a deduction under
this chapter, shall be allowed only for the taxable year in
which paid.
``(4) Employer msa contributions required to be shown on
return.--Every individual required to file a return under
section 6012 for the taxable year shall include on such
return the aggregate amount contributed by employers to the
medical savings accounts of such individual or such
individual's spouse for such taxable year.
``(5) MSA contributions not part of cobra coverage.--
Paragraph (1) shall not apply for purposes of section 4980B.
``(6) Definitions.--For purposes of this subsection, the
terms `eligible individual' and `medical savings account'
have the respective meanings given to such terms by section
220.
``(7) Cross reference.--
``For penalty on failure by employer to make comparable contributions
to the medical savings accounts of comparable employees, see section
4980E.''.
(2) Exclusion from employment taxes.--
(A) Railroad retirement tax.--Subsection (e) of section
3231 is amended by adding at the end the following new
paragraph:
``(10) Medical savings account contributions.--The term
`compensation' shall not include any payment made to or for
the benefit of an employee if at the time of such payment it
is reasonable to believe that the employee will be able to
exclude such payment from income under section 106(b).''
(B) Unemployment tax.--Subsection (b) of section 3306 is
amended by striking ``or'' at the end of paragraph (15), by
striking the period at the end of paragraph (16) and
inserting ``; or'', and by inserting after paragraph (16) the
following new paragraph:
``(17) any payment made to or for the benefit of an
employee if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such
payment from income under section 106(b).''
(C) Withholding tax.--Subsection (a) of section 3401 is
amended by striking ``or'' at the end of paragraph (19), by
striking the period at the end of paragraph (20) and
inserting ``; or'', and by inserting after paragraph (20) the
following new paragraph:
``(21) any payment made to or for the benefit of an
employee if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such
payment from income under section 106(b).''
(3) Employer contributions required to be shown on w-2.--
Subsection (a) of section 6051 is amended by striking ``and''
at the end of paragraph (9), by striking the period at the
end of paragraph (10) and inserting ``, and'', and by
inserting after paragraph (10) the following new paragraph:
``(11) the amount contributed to any medical savings
account (as defined in section 220(d)) of such employee or
such employee's spouse.''
(4) Penalty for failure of employer to make comparable msa
contributions.--
(A) In general.--Chapter 43 is amended by adding after
section 4980D the following new section:
``SEC. 4980E. FAILURE OF EMPLOYER TO MAKE COMPARABLE MEDICAL
SAVINGS ACCOUNT CONTRIBUTIONS.
``(a) General Rule.--In the case of an employer who makes a
contribution to the medical savings account of any employee
with respect to coverage under a high deductible health plan
of the employer during a calendar year, there is hereby
imposed a tax on the failure of such employer to meet the
requirements of subsection (d) for such calendar year.
``(b) Amount of Tax.--The amount of the tax imposed by
subsection (a) on any failure for any calendar year is the
amount equal to 35 percent of the aggregate amount
contributed by the employer to medical savings accounts of
employees for taxable years of such employees ending with or
within such calendar year.
``(c) Waiver by Secretary.--In the case of a failure which
is due to reasonable cause and not to willful neglect, the
Secretary may waive part or all of the tax imposed by
subsection (a) to the extent that the payment of such tax
would be excessive relative to the failure involved.
``(d) Employer Required To Make Comparable MSA
Contributions for All Participating Employees.--
``(1) In general.--An employer meets the requirements of
this subsection for any calendar year if the employer makes
available comparable contributions to the medical savings
accounts of all comparable participating employees for each
coverage period during such calendar year.
``(2) Comparable contributions.--
``(A) In general.--For purposes of paragraph (1), the term
`comparable contributions' means contributions--
``(i) which are the same amount, or
``(ii) which are the same percentage of the annual
deductible limit under the high deductible health plan
covering the employees.
``(B) Part-year employees.--In the case of an employee who
is employed by the employer for only a portion of the
calendar year, a contribution to the medical savings account
of such employee shall be treated as comparable if it is an
amount which bears
[[Page 1891]]
the same ratio to the comparable amount (determined without
regard to this subparagraph) as such portion bears to the
entire calendar year.
``(3) Comparable participating employees.--For purposes of
paragraph (1), the term `comparable participating employees'
means all employees--
``(A) who are eligible individuals covered under any high
deductible health plan of the employer, and
``(B) who have the same category of coverage.
For purposes of subparagraph (B), the categories of coverage
are self-only and family coverage.
``(4) Part-time employees.--
``(A) In general.--Paragraph (3) shall be applied
separately with respect to part-time employees and other
employees.
``(B) Part-time employee.--For purposes of subparagraph
(A), the term `part-time employee' means any employee who is
customarily employed for fewer than 30 hours per week.
``(e) Controlled Groups.--For purposes of this section, all
persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as 1
employer.
``(f) Definitions.--Terms used in this section which are
also used in section 220 have the respective meanings given
such terms in section 220.''
(B) Clerical amendment.--The table of sections for chapter
43 is amended by adding after the item relating to section
4980D the following new item:
``Sec. 4980E. Failure of employer to make comparable medical savings
account contributions.''
(d) Medical Savings Account Contributions Not Available
Under Cafeteria Plans.--Subsection (f) of section 125 of such
Code is amended by inserting ``106(b),'' before ``117''.
(e) Tax on Excess Contributions.--Section 4973 (relating to
tax on excess contributions to individual retirement
accounts, certain section 403(b) contracts, and certain
individual retirement annuities) is amended--
(1) by inserting ``medical savings accounts,'' after
``accounts,'' in the heading of such section,
(2) by striking ``or'' at the end of paragraph (1) of
subsection (a),
(3) by redesignating paragraph (2) of subsection (a) as
paragraph (3) and by inserting after paragraph (1) the
following:
``(2) a medical savings account (within the meaning of
section 220(d)), or'', and
(4) by adding at the end the following new subsection:
``(d) Excess Contributions to Medical Savings Accounts.--
For purposes of this section, in the case of medical savings
accounts (within the meaning of section 220(d)), the term
`excess contributions' means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the accounts (other than rollover contributions described
in section 220(f)(5)) which is neither excludable from gross
income under section 106(b) nor allowable as a deduction
under section 220 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts which were
included in gross income under section 220(f)(2), and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a deduction under
section 220(b)(1) (determined without regard to section
106(b)) for the taxable year, over
``(ii) the amount contributed to the accounts for the
taxable year.
For purposes of this subsection, any contribution which is
distributed out of the medical savings account in a
distribution to which section 220(f)(3) applies shall be
treated as an amount not contributed.''
(f) Tax on Prohibited Transactions.--
(1) Section 4975 (relating to tax on prohibited
transactions) is amended by adding at the end of subsection
(c) the following new paragraph:
``(4) Special rule for medical savings accounts.--An
individual for whose benefit a medical savings account
(within the meaning of section 220(d)) is established shall
be exempt from the tax imposed by this section with respect
to any transaction concerning such account (which would
otherwise be taxable under this section) if, with respect to
such transaction, the account ceases to be a medical savings
account by reason of the application of section 220(e)(2) to
such account.''
(2) Paragraph (1) of section 4975(e) is amended to read as
follows:
``(1) Plan.--For purposes of this section, the term `plan'
means--
``(A) a trust described in section 401(a) which forms a
part of a plan, or a plan described in section 403(a), which
trust or plan is exempt from tax under section 501(a),
``(B) an individual retirement account described in section
408(a),
``(C) an individual retirement annuity described in section
408(b),
``(D) a medical savings account described in section
220(d), or
``(E) a trust, plan, account, or annuity which, at any
time, has been determined by the Secretary to be described in
any preceding subparagraph of this paragraph.''
(g) Failure To Provide Reports on Medical Savings
Accounts.--
(1) Subsection (a) of section 6693 (relating to failure to
provide reports on individual retirement accounts or
annuities) is amended to read as follows:
``(a) Reports.--
``(1) In general.--If a person required to file a report
under a provision referred to in paragraph (2) fails to file
such report at the time and in the manner required by such
provision, such person shall pay a penalty of $50 for each
failure unless it is shown that such failure is due to
reasonable cause.
``(2) Provisions.--The provisions referred to in this
paragraph are--
``(A) subsections (i) and (l) of section 408 (relating to
individual retirement plans), and
``(B) section 220(h) (relating to medical savings
accounts).''
(h) Exception From Capitalization of Policy Acquisition
Expenses.--Subparagraph (B) of section 848(e)(1) (defining
specified insurance contract) is amended by striking ``and''
at the end of clause (ii), by striking the period at the end
of clause (iii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iv) any contract which is a medical savings account (as
defined in section 220(d)).''.
(i) Clerical Amendment.--The table of sections for part VII
of subchapter B of chapter 1 is amended by striking the last
item and inserting the following:
``Sec. 220. Medical savings accounts.
``Sec. 221. Cross reference.''.
(j) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
(k) Monitoring of Participation in Medical Savings
Accounts.--The Secretary of the Treasury or his delegate
shall--
(1) during 1997, 1998, 1999, and 2000, regularly evaluate
the number of individuals who are maintaining medical savings
accounts and the reduction in revenues to the United States
by reason of such accounts, and
(2) provide such reports of such evaluations to Congress as
such Secretary determines appropriate.
(l) Study of Effects of Medical Savings Accounts on Small
Group Market.--The Comptroller General of the United States
shall enter into a contract with an organization with
expertise in health economics, health insurance markets, and
actuarial science to conduct a comprehensive study regarding
the effects of medical savings accounts in the small group
market on--
(1) selection, including adverse selection,
(2) health costs, including any impact on premiums of
individuals with comprehensive coverage,
(3) use of preventive care,
(4) consumer choice,
(5) the scope of coverage of high deductible plans
purchased in conjunction with such accounts, and
(6) other relevant items.
A report on the results of the study conducted under this
subsection shall be submitted to the Congress no later than
January 1, 1999.
Subtitle B--Increase in Deduction for Health Insurance Costs of Self-
Employed Individuals
SEC. 311. INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) is amended
to read as follows:
``(1) Allowance of deduction.--
``(A) In general.--In the case of an individual who is an
employee within the meaning of section 401(c)(1), there shall
be allowed as a deduction under this section an amount equal
to the applicable percentage of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer, his spouse, and dependents.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage shall be determined under the
following table:
``For taxable years
beginning in The applicable in
calendar year-- percentage is--
1997................................................40 percent
1998 through 2002...................................45 percent
2003................................................50 percent
2004................................................60 percent
2005................................................70 percent
2006 or thereafter...............................80 percent.''.
(b) Exclusion for Amounts Received Under Certain Self-
Insured Plans.--Paragraph (3) of section 104(a) is amended by
inserting ``(or through an arrangement having the effect of
accident or health insurance)'' after ``health insurance''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
Subtitle C--Long-Term Care Services and Contracts
PART I--GENERAL PROVISIONS
SEC. 321. TREATMENT OF LONG-TERM CARE INSURANCE.
(a) General Rule.--Chapter 79 (relating to definitions) is
amended by inserting after section 7702A the following new
section:
``SEC. 7702B. TREATMENT OF QUALIFIED LONG-TERM CARE
INSURANCE.
``(a) In General.--For purposes of this title--
``(1) a qualified long-term care insurance contract shall
be treated as an accident and health insurance contract,
``(2) amounts (other than policyholder dividends, as
defined in section 808, or premium refunds) received under a
qualified long-term care insurance contract shall be treated
as amounts received for personal injuries and sickness and
shall be treated as reimbursement for expenses actually
incurred for medical care (as defined in section 213(d)),
[[Page 1892]]
``(3) any plan of an employer providing coverage under a
qualified long-term care insurance contract shall be treated
as an accident and health plan with respect to such coverage,
``(4) except as provided in subsection (e)(3), amounts paid
for a qualified long-term care insurance contract providing
the benefits described in subsection (b)(2)(A) shall be
treated as payments made for insurance for purposes of
section 213(d)(1)(D), and
``(5) a qualified long-term care insurance contract shall
be treated as a guaranteed renewable contract subject to the
rules of section 816(e).
``(b) Qualified Long-Term Care Insurance Contract.--For
purposes of this title--
``(1) In general.--The term `qualified long-term care
insurance contract' means any insurance contract if--
``(A) the only insurance protection provided under such
contract is coverage of qualified long-term care services,
``(B) such contract does not pay or reimburse expenses
incurred for services or items to the extent that such
expenses are reimbursable under title XVIII of the Social
Security Act or would be so reimbursable but for the
application of a deductible or coinsurance amount,
``(C) such contract is guaranteed renewable,
``(D) such contract does not provide for a cash surrender
value or other money that can be--
``(i) paid, assigned, or pledged as collateral for a loan,
or
``(ii) borrowed,
other than as provided in subparagraph (E) or paragraph
(2)(C),
``(E) all refunds of premiums, and all policyholder
dividends or similar amounts, under such contract are to be
applied as a reduction in future premiums or to increase
future benefits, and
``(F) such contract meets the requirements of subsection
(g).
``(2) Special rules.--
``(A) Per diem, etc. payments permitted.--A contract shall
not fail to be described in subparagraph (A) or (B) of
paragraph (1) by reason of payments being made on a per diem
or other periodic basis without regard to the expenses
incurred during the period to which the payments relate.
``(B) Special rules relating to medicare.--
``(i) Paragraph (1)(B) shall not apply to expenses which
are reimbursable under title XVIII of the Social Security Act
only as a secondary payor.
``(ii) No provision of law shall be construed or applied so
as to prohibit the offering of a qualified long-term care
insurance contract on the basis that the contract coordinates
its benefits with those provided under such title.
``(C) Refunds of premiums.--Paragraph (1)(E) shall not
apply to any refund on the death of the insured, or on a
complete surrender or cancellation of the contract, which
cannot exceed the aggregate premiums paid under the contract.
Any refund on a complete surrender or cancellation of the
contract shall be includible in gross income to the extent
that any deduction or exclusion was allowable with respect to
the premiums.
``(c) Qualified Long-Term Care Services.--For purposes of
this section--
``(1) In general.--The term `qualified long-term care
services' means necessary diagnostic, preventive,
therapeutic, curing, treating, mitigating, and rehabilitative
services, and maintenance or personal care services, which--
``(A) are required by a chronically ill individual, and
``(B) are provided pursuant to a plan of care prescribed by
a licensed health care practitioner.
``(2) Chronically ill individual.--
``(A) In general.--The term `chronically ill individual'
means any individual who has been certified by a licensed
health care practitioner as--
``(i) being unable to perform (without substantial
assistance from another individual) at least 2 activities of
daily living for a period of at least 90 days due to a loss
of functional capacity,
``(ii) having a level of disability similar (as determined
under regulations prescribed by the Secretary in consultation
with the Secretary of Health and Human Services) to the level
of disability described in clause (i), or
``(iii) requiring substantial supervision to protect such
individual from threats to health and safety due to severe
cognitive impairment.
Such term shall not include any individual otherwise meeting
the requirements of the preceding sentence unless within the
preceding 12-month period a licensed health care practitioner
has certified that such individual meets such requirements.
``(B) Activities of daily living.--For purposes of
subparagraph (A), each of the following is an activity of
daily living:
``(i) Eating.
``(ii) Toileting.
``(iii) Transferring.
``(iv) Bathing.
``(v) Dressing.
``(vi) Continence.
A contract shall not be treated as a qualified long-term care
insurance contract unless the determination of whether an
individual is a chronically ill individual takes into account
at least 5 of such activities.
``(3) Maintenance or personal care services.--The term
`maintenance or personal care services' means any care the
primary purpose of which is the provision of needed
assistance with any of the disabilities as a result of which
the individual is a chronically ill individual (including the
protection from threats to health and safety due to severe
cognitive impairment).
``(4) Licensed health care practitioner.--The term
`licensed health care practitioner' means any physician (as
defined in section 1861(r)(1) of the Social Security Act) and
any registered professional nurse, licensed social worker, or
other individual who meets such requirements as may be
prescribed by the Secretary.
``(d) Aggregate Payments in Excess of Limits.--
``(1) In general.--If the aggregate of--
``(A) the periodic payments received for any period under
all qualified long-term care insurance contracts which are
treated as made for qualified long-term care services for an
insured, and
``(B) the periodic payments received for such period which
are treated under section 101(g) as paid by reason of the
death of such insured,
exceeds the per diem limitation for such period, such excess
shall be includible in gross income without regard to section
72. A payment shall not be taken into account under
subparagraph (B) if the insured is a terminally ill
individual (as defined in section 101(g)) at the time the
payment is received.
``(2) Per diem limitation.--For purposes of paragraph (1),
the per diem limitation for any period is an amount equal to
the excess (if any) of--
``(A) the greater of--
``(i) the dollar amount in effect for such period under
paragraph (4), or
``(ii) the costs incurred for qualified long-term care
services provided for the insured for such period, over
``(B) the aggregate payments received as reimbursements
(through insurance or otherwise) for qualified long-term care
services provided for the insured during such period.
``(3) Aggregation rules.--For purposes of this subsection--
``(A) all persons receiving periodic payments described in
paragraph (1) with respect to the same insured shall be
treated as 1 person, and
``(B) the per diem limitation determined under paragraph
(2) shall be allocated first to the insured and any remaining
limitation shall be allocated among the other such persons in
such manner as the Secretary shall prescribe.
``(4) Dollar amount.--The dollar amount in effect under
this subsection shall be $175 per day (or the equivalent
amount in the case of payments on another periodic basis).
``(5) Inflation adjustment.--In the case of a calendar year
after 1997, the dollar amount contained in paragraph (4)
shall be increased at the same time and in the same manner as
amounts are increased pursuant to section 213(d)(10).
``(6) Periodic payments.--For purposes of this subsection,
the term `periodic payment' means any payment (whether on a
periodic basis or otherwise) made without regard to the
extent of the costs incurred by the payee for qualified long-
term care services.
``(e) Treatment of Coverage Provided as Part of a Life
Insurance Contract.--Except as otherwise provided in
regulations prescribed by the Secretary, in the case of any
long-term care insurance coverage (whether or not qualified)
provided by a rider on or as part of a life insurance
contract--
``(1) In general.--This section shall apply as if the
portion of the contract providing such coverage is a separate
contract.
``(2) Application of 7702.--Section 7702(c)(2) (relating to
the guideline premium limitation) shall be applied by
increasing the guideline premium limitation with respect to a
life insurance contract, as of any date--
``(A) by the sum of any charges (but not premium payments)
against the life insurance contract's cash surrender value
(within the meaning of section 7702(f)(2)(A)) for such
coverage made to that date under the contract, less
``(B) any such charges the imposition of which reduces the
premiums paid for the contract (within the meaning of section
7702(f)(1)).
``(3) Application of section 213.--No deduction shall be
allowed under section 213(a) for charges against the life
insurance contract's cash surrender value described in
paragraph (2), unless such charges are includible in income
as a result of the application of section 72(e)(10) and the
rider is a qualified long-term care insurance contract under
subsection (b).
``(4) Portion defined.--For purposes of this subsection,
the term `portion' means only the terms and benefits under a
life insurance contract that are in addition to the terms and
benefits under the contract without regard to long-term care
insurance coverage.
``(f) Treatment of Certain State-Maintained Plans.--
``(1) In general.--If--
(A) an individual receives coverage for qualified long-term
care services under a State long-term care plan, and
``(B) the terms of such plan would satisfy the requirements
of subsection (b) were such plan an insurance contract,
such plan shall be treated as a qualified long-term care
insurance contract for purposes of this title.
``(2) State long-term care plan.--For purposes of paragraph
(1), the term `State long-term care plan' means any plan--
[[Page 1893]]
``(A) which is established and maintained by a State or an
instrumentality of a State,
``(B) which provides coverage only for qualified long-term
care services, and
``(C) under which such coverage is provided only to--
``(i) employees and former employees of a State (or any
political subdivision or instrumentality of a State),
``(ii) the spouses of such employees, and
``(iii) individuals bearing a relationship to such
employees or spouses which is described in any of paragraphs
(1) through (8) of section 152(a).''
(b) Reserve Method.--Clause (iii) of section 807(d)(3)(A)
is amended by inserting ``(other than a qualified long-term
care insurance contract, as defined in section 7702B(b))''
after ``insurance contract''.
(c) Long-Term Care Insurance Not Permitted Under Cafeteria
Plans or Flexible Spending Arrangements.--
(1) Cafeteria plans.--Section 125(f) is amended by adding
at the end the following new sentence: ``Such term shall not
include any product which is advertised, marketed, or offered
as long-term care insurance.''
(2) Flexible spending arrangements.--Section 106 (relating
to contributions by employer to accident and health plans),
as amended by section 301(c), is amended by adding at the end
the following new subsection:
``(c) Inclusion of Long-Term Care Benefits Provided Through
Flexible Spending Arrangements.--
``(1) In general.--Effective on and after January 1, 1997,
gross income of an employee shall include employer-provided
coverage for qualified long-term care services (as defined in
section 7702B(c)) to the extent that such coverage is
provided through a flexible spending or similar arrangement.
``(2) Flexible spending arrangement.--For purposes of this
subsection, a flexible spending arrangement is a benefit
program which provides employees with coverage under which--
``(A) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(B) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is
less than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably
available shall be determined on the basis of the underlying
coverage.''
(d) Continuation Coverage Rules Not To Apply.--
(1) Paragraph (2) of section 4980B(g) is amended by adding
at the end the following new sentence: ``Such term shall not
include any plan substantially all of the coverage under
which is for qualified long-term care services (as defined in
section 7702B(c)).''
(2) Paragraph (1) of section 607 of the Employee Retirement
Income Security Act of 1974 is amended by adding at the end
the following new sentence: ``Such term shall not include any
plan substantially all of the coverage under which is for
qualified long-term care services (as defined in section
7702B(c) of such Code).''
(3) Paragraph (1) of section 2208 of the Public Health
Service Act is amended by adding at the end the following new
sentence: ``Such term shall not include any plan
substantially all of the coverage under which is for
qualified long-term care services (as defined in section
7702B(c) of such Code).''
(e) Clerical Amendment.--The table of sections for chapter
79 is amended by inserting after the item relating to section
7702A the following new item:
``Sec. 7702B. Treatment of qualified long-term care insurance.''.
(f) Effective Dates.--
(1) General effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this section shall apply to contracts
issued after December 31, 1996.
(B) Reserve method.--The amendment made by subsection (b)
shall apply to contracts issued after December 31, 1997.
(2) Continuation of existing policies.--In the case of any
contract issued before January 1, 1997, which met the long-
term care insurance requirements of the State in which the
contract was sitused at the time the contract was issued--
(A) such contract shall be treated for purposes of the
Internal Revenue Code of 1986 as a qualified long-term care
insurance contract (as defined in section 7702B(b) of such
Code), and
(B) services provided under, or reimbursed by, such
contract shall be treated for such purposes as qualified
long-term care services (as defined in section 7702B(c) of
such Code).
In the case of an individual who is covered on December 31,
1996, under a State long-term care plan (as defined in
section 7702B(f)(2) of such Code), the terms of such plan on
such date shall be treated for purposes of the preceding
sentence as a contract issued on such date which met the
long-term care insurance requirements of such State.
(3) Exchanges of existing policies.--If, after the date of
enactment of this Act and before January 1, 1998, a contract
providing for long-term care insurance coverage is exchanged
solely for a qualified long-term care insurance contract (as
defined in section 7702B(b) of such Code), no gain or loss
shall be recognized on the exchange. If, in addition to a
qualified long-term care insurance contract, money or other
property is received in the exchange, then any gain shall be
recognized to the extent of the sum of the money and the fair
market value of the other property received. For purposes of
this paragraph, the cancellation of a contract providing for
long-term care insurance coverage and reinvestment of the
cancellation proceeds in a qualified long-term care insurance
contract within 60 days thereafter shall be treated as an
exchange.
(4) Issuance of certain riders permitted.--For purposes of
applying sections 101(f), 7702, and 7702A of the Internal
Revenue Code of 1986 to any contract--
(A) the issuance of a rider which is treated as a qualified
long-term care insurance contract under section 7702B, and
(B) the addition of any provision required to conform any
other long-term care rider to be so treated,
shall not be treated as a modification or material change of
such contract.
(5) Application of per diem limitation to existing
contracts.--The amount of per diem payments made under a
contract issued on or before July 31, 1996, with respect to
an insured which are excludable from gross income by reason
of section 7702B of the Internal Revenue Code of 1986 (as
added by this section) shall not be reduced under subsection
(d)(2)(B) thereof by reason of reimbursements received under
a contract issued on or before such date. The preceding
sentence shall cease to apply as of the date (after July 31,
1996) such contract is exchanged or there is any contract
modification which results in an increase in the amount of
such per diem payments or the amount of such reimbursements.
(g) Long-Term Care Study Request.--The Chairman of the
Committee on Ways and Means of the House of Representatives
and the Chairman of the Committee on Finance of the Senate
shall jointly request the National Association of Insurance
Commissioners, in consultation with representatives of the
insurance industry and consumer organizations, to formulate,
develop, and conduct a study to determine the marketing and
other effects of per diem limits on certain types of long-
term care policies. If the National Association of Insurance
Commissioners agrees to the study request, the National
Association of Insurance Commissioners shall report the
results of its study to such committees not later than 2
years after accepting the request.
SEC. 322. QUALIFIED LONG-TERM CARE SERVICES TREATED AS
MEDICAL CARE.
(a) General Rule.--Paragraph (1) of section 213(d)
(defining medical care) is amended by striking ``or'' at the
end of subparagraph (B), by redesignating subparagraph (C) as
subparagraph (D), and by inserting after subparagraph (B) the
following new subparagraph:
``(C) for qualified long-term care services (as defined in
section 7702B(c)), or''.
(b) Technical Amendments.--
(1) Subparagraph (D) of section 213(d)(1) (as redesignated
by subsection (a)) is amended by inserting before the period
``or for any qualified long-term care insurance contract (as
defined in section 7702B(b))''.
(2)(A) Paragraph (1) of section 213(d) is amended by adding
at the end the following new flush sentence:
``In the case of a qualified long-term care insurance
contract (as defined in section 7702B(b)), only eligible
long-term care premiums (as defined in paragraph (10)) shall
be taken into account under subparagraph (D).''
(B) Paragraph (2) of section 162(l) is amended by adding at
the end the following new subparagraph:
``(C) Long-term care premiums.--In the case of a qualified
long-term care insurance contract (as defined in section
7702B(b)), only eligible long-term care premiums (as defined
in section 213(d)(10)) shall be taken into account under
paragraph (1).''
(C) Subsection (d) of section 213 is amended by adding at
the end the following new paragraphs:
``(10) Eligible long-term care premiums.--
``(A) In general.--For purposes of this section, the term
`eligible long-term care premiums' means the amount paid
during a taxable year for any qualified long-term care
insurance contract (as defined in section 7702B(b)) covering
an individual, to the extent such amount does not exceed the
limitation determined under the following table:
``In the case of an individual with an attained age before the close of
the taxable year of: The limitation is:
40 or less..............................................$200
More than 40 but not more than 50........................375
More than 50 but not more than 60........................750
More than 60 but not more than 70......................2,000
More than 70...........................................2,500.
``(B) Indexing.--
``(i) In general.--In the case of any taxable year
beginning in a calendar year after 1997, each dollar amount
contained in subparagraph (A) shall be increased by the
medical care cost adjustment of such amount for such calendar
year. If any increase determined under the preceding sentence
is not a multiple of $10, such increase shall be rounded to
the nearest multiple of $10.
``(ii) Medical care cost adjustment.--For purposes of
clause (i), the medical care cost adjustment for any calendar
year is the percentage (if any) by which--
``(I) the medical care component of the Consumer Price
Index (as defined in section 1(f)(5)) for August of the
preceding calendar year, exceeds
[[Page 1894]]
``(II) such component for August of 1996.
The Secretary shall, in consultation with the Secretary of
Health and Human Services, prescribe an adjustment which the
Secretary determines is more appropriate for purposes of this
paragraph than the adjustment described in the preceding
sentence, and the adjustment so prescribed shall apply in
lieu of the adjustment described in the preceding sentence.
``(11) Certain payments to relatives treated as not paid
for medical care.--An amount paid for a qualified long-term
care service (as defined in section 7702B(c)) provided to an
individual shall be treated as not paid for medical care if
such service is provided--
``(A) by the spouse of the individual or by a relative
(directly or through a partnership, corporation, or other
entity) unless the service is provided by a licensed
professional with respect to such service, or
``(B) by a corporation or partnership which is related
(within the meaning of section 267(b) or 707(b)) to the
individual.
For purposes of this paragraph, the term `relative' means an
individual bearing a relationship to the individual which is
described in any of paragraphs (1) through (8) of section
152(a). This paragraph shall not apply for purposes of
section 105(b) with respect to reimbursements through
insurance.'' .
(3) Paragraph (6) of section 213(d) is amended--
(A) by striking ``subparagraphs (A) and (B)'' and inserting
``subparagraphs (A), (B), and (C)'', and
(B) by striking ``paragraph (1)(C)'' in subparagraph (A)
and inserting ``paragraph (1)(D)''.
(4) Paragraph (7) of section 213(d) is amended by striking
``subparagraphs (A) and (B)'' and inserting ``subparagraphs
(A), (B), and (C)''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 323. REPORTING REQUIREMENTS.
(a) In General.--Subpart B of part III of subchapter A of
chapter 61 is amended by adding at the end the following new
section:
``SEC. 6050Q. CERTAIN LONG-TERM CARE BENEFITS.
``(a) Requirement of Reporting.--Any person who pays long-
term care benefits shall make a return, according to the
forms or regulations prescribed by the Secretary, setting
forth--
``(1) the aggregate amount of such benefits paid by such
person to any individual during any calendar year,
``(2) whether or not such benefits are paid in whole or in
part on a per diem or other periodic basis without regard to
the expenses incurred during the period to which the payments
relate,
``(3) the name, address, and TIN of such individual, and
``(4) the name, address, and TIN of the chronically ill or
terminally ill individual on account of whose condition such
benefits are paid.
``(b) Statements To Be Furnished to Persons With Respect to
Whom Information Is Required.--Every person required to make
a return under subsection (a) shall furnish to each
individual whose name is required to be set forth in such
return a written statement showing--
``(1) the name of the person making the payments, and
``(2) the aggregate amount of long-term care benefits paid
to the individual which are required to be shown on such
return.
The written statement required under the preceding sentence
shall be furnished to the individual on or before January 31
of the year following the calendar year for which the return
under subsection (a) was required to be made.
``(c) Long-Term Care Benefits.--For purposes of this
section, the term `long-term care benefit' means--
``(1) any payment under a product which is advertised,
marketed, or offered as long-term care insurance, and
``(2) any payment which is excludable from gross income by
reason of section 101(g).''.
(b) Penalties.--
(1) Subparagraph (B) of section 6724(d)(1) is amended by
redesignating clauses (ix) through (xiv) as clauses (x)
through (xv), respectively, and by inserting after clause
(viii) the following new clause:
``(ix) section 6050Q (relating to certain long-term care
benefits),''.
(2) Paragraph (2) of section 6724(d) is amended by
redesignating subparagraphs (Q) through (T) as subparagraphs
(R) through (U), respectively, and by inserting after
subparagraph (P) the following new subparagraph:
``(Q) section 6050Q(b) (relating to certain long-term care
benefits),''.
(c) Clerical Amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 is amended by
adding at the end the following new item:
``Sec. 6050Q. Certain long-term care benefits.''.
(d) Effective Date.--The amendments made by this section
shall apply to benefits paid after December 31, 1996.
PART II--CONSUMER PROTECTION PROVISIONS
SEC. 325. POLICY REQUIREMENTS.
Section 7702B (as added by section 321) is amended by
adding at the end the following new subsection:
``(g) Consumer Protection Provisions.--
``(1) In general.--The requirements of this subsection are
met with respect to any contract if the contract meets--
``(A) the requirements of the model regulation and model
Act described in paragraph (2),
``(B) the disclosure requirement of paragraph (3), and
``(C) the requirements relating to nonforfeitability under
paragraph (4).
``(2) Requirements of model regulation and act.--
``(A) In general.--The requirements of this paragraph are
met with respect to any contract if such contract meets--
``(i) Model regulation.--The following requirements of the
model regulation:
``(I) Section 7A (relating to guaranteed renewal or
noncancellability), and the requirements of section 6B of the
model Act relating to such section 7A.
``(II) Section 7B (relating to prohibitions on limitations
and exclusions).
``(III) Section 7C (relating to extension of benefits).
``(IV) Section 7D (relating to continuation or conversion
of coverage).
``(V) Section 7E (relating to discontinuance and
replacement of policies).
``(VI) Section 8 (relating to unintentional lapse).
``(VII) Section 9 (relating to disclosure), other than
section 9F thereof.
``(VIII) Section 10 (relating to prohibitions against post-
claims underwriting).
``(IX) Section 11 (relating to minimum standards).
``(X) Section 12 (relating to requirement to offer
inflation protection), except that any requirement for a
signature on a rejection of inflation protection shall permit
the signature to be on an application or on a separate form.
``(XI) Section 23 (relating to prohibition against
preexisting conditions and probationary periods in
replacement policies or certificates).
``(ii) Model act.--The following requirements of the model
Act:
``(I) Section 6C (relating to preexisting conditions).
``(II) Section 6D (relating to prior hospitalization).
``(B) Definitions.--For purposes of this paragraph--
``(i) Model provisions.--The terms `model regulation' and
`model Act' mean the long-term care insurance model
regulation, and the long-term care insurance model Act,
respectively, promulgated by the National Association of
Insurance Commissioners (as adopted as of January 1993).
``(ii) Coordination.--Any provision of the model regulation
or model Act listed under clause (i) or (ii) of subparagraph
(A) shall be treated as including any other provision of such
regulation or Act necessary to implement the provision.
``(iii) Determination.--For purposes of this section and
section 4980C, the determination of whether any requirement
of a model regulation or the model Act has been met shall be
made by the Secretary.
``(3) Disclosure requirement.--The requirement of this
paragraph is met with respect to any contract if such
contract meets the requirements of section 4980C(d).
``(4) Nonforfeiture requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any level premium contract, if the issuer
of such contract offers to the policyholder, including any
group policyholder, a nonforfeiture provision meeting the
requirements of subparagraph (B).
``(B) Requirements of provision.--The nonforfeiture
provision required under subparagraph (A) shall meet the
following requirements:
``(i) The nonforfeiture provision shall be appropriately
captioned.
``(ii) The nonforfeiture provision shall provide for a
benefit available in the event of a default in the payment of
any premiums and the amount of the benefit may be adjusted
subsequent to being initially granted only as necessary to
reflect changes in claims, persistency, and interest as
reflected in changes in rates for premium paying contracts
approved by the Secretary for the same contract form.
``(iii) The nonforfeiture provision shall provide at least
one of the following:
``(I) Reduced paid-up insurance.
``(II) Extended term insurance.
``(III) Shortened benefit period.
``(IV) Other similar offerings approved by the Secretary.
``(5) Cross reference.--
``For coordination of the requirements of this subsection with State
requirements, see section 4980C(f).''
SEC. 326. REQUIREMENTS FOR ISSUERS OF QUALIFIED LONG-TERM
CARE INSURANCE CONTRACTS.
(a) In General.--Chapter 43 is amended by adding at the end
the following new section:
``SEC. 4980C. REQUIREMENTS FOR ISSUERS OF QUALIFIED LONG-TERM
CARE INSURANCE CONTRACTS.
``(a) General Rule.--There is hereby imposed on any person
failing to meet the requirements of subsection (c) or (d) a
tax in the amount determined under subsection (b).
``(b) Amount.--
``(1) In general.--The amount of the tax imposed by
subsection (a) shall be $100 per insured for each day any
requirement of subsection (c) or (d) is not met with respect
to each qualified long-term care insurance contract.
``(2) Waiver.--In the case of a failure which is due to
reasonable cause and not to willful neglect, the Secretary
may waive part or all
[[Page 1895]]
of the tax imposed by subsection (a) to the extent that
payment of the tax would be excessive relative to the failure
involved.
``(c) Responsibilities.--The requirements of this
subsection are as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements of the
model regulation must be met:
``(i) Section 13 (relating to application forms and
replacement coverage).
``(ii) Section 14 (relating to reporting requirements),
except that the issuer shall also report at least annually
the number of claims denied during the reporting period for
each class of business (expressed as a percentage of claims
denied), other than claims denied for failure to meet the
waiting period or because of any applicable preexisting
condition.
``(iii) Section 20 (relating to filing requirements for
marketing).
``(iv) Section 21 (relating to standards for marketing),
including inaccurate completion of medical histories, other
than sections 21C(1) and 21C(6) thereof, except that--
``(I) in addition to such requirements, no person shall, in
selling or offering to sell a qualified long-term care
insurance contract, misrepresent a material fact; and
``(II) no such requirements shall include a requirement to
inquire or identify whether a prospective applicant or
enrollee for long-term care insurance has accident and
sickness insurance.
``(v) Section 22 (relating to appropriateness of
recommended purchase).
``(vi) Section 24 (relating to standard format outline of
coverage).
``(vii) Section 25 (relating to requirement to deliver
shopper's guide).
``(B) Model act.--The following requirements of the model
Act must be met:
``(i) Section 6F (relating to right to return), except that
such section shall also apply to denials of applications and
any refund shall be made within 30 days of the return or
denial.
``(ii) Section 6G (relating to outline of coverage).
``(iii) Section 6H (relating to requirements for
certificates under group plans).
``(iv) Section 6I (relating to policy summary).
``(v) Section 6J (relating to monthly reports on
accelerated death benefits).
``(vi) Section 7 (relating to incontestability period).
``(C) Definitions.--For purposes of this paragraph, the
terms `model regulation' and `model Act' have the meanings
given such terms by section 7702B(g)(2)(B).
``(2) Delivery of policy.--If an application for a
qualified long-term care insurance contract (or for a
certificate under such a contract for a group) is approved,
the issuer shall deliver to the applicant (or policyholder or
certificateholder) the contract (or certificate) of insurance
not later than 30 days after the date of the approval.
``(3) Information on denials of claims.--If a claim under a
qualified long-term care insurance contract is denied, the
issuer shall, within 60 days of the date of a written request
by the policyholder or certificateholder (or
representative)--
``(A) provide a written explanation of the reasons for the
denial, and
``(B) make available all information directly relating to
such denial.
``(d) Disclosure.--The requirements of this subsection are
met if the issuer of a long-term care insurance policy
discloses in such policy and in the outline of coverage
required under subsection (c)(1)(B)(ii) that the policy is
intended to be a qualified long-term care insurance contract
under section 7702B(b).
``(e) Qualified Long-Term Care Insurance Contract
Defined.--For purposes of this section, the term `qualified
long-term care insurance contract' has the meaning given such
term by section 7702B.
``(f) Coordination With State Requirements.--If a State
imposes any requirement which is more stringent than the
analogous requirement imposed by this section or section
7702B(g), the requirement imposed by this section or section
7702B(g) shall be treated as met if the more stringent State
requirement is met.''.
(b) Conforming Amendment.--The table of sections for
chapter 43 is amended by adding at the end the following new
item:
``Sec. 4980C. Requirements for issuers of qualified long-term care
insurance contracts.''
SEC. 327. EFFECTIVE DATES.
(a) In General.--The provisions of, and amendments made by,
this part shall apply to contracts issued after December 31,
1996. The provisions of section 321(f) (relating to
transition rule) shall apply to such contracts.
(b) Issuers.--The amendments made by section 326 shall
apply to actions taken after December 31, 1996.
Subtitle D--Treatment of Accelerated Death Benefits
SEC. 331. TREATMENT OF ACCELERATED DEATH BENEFITS BY
RECIPIENT.
(a) In General.--Section 101 (relating to certain death
benefits) is amended by adding at the end the following new
subsection:
``(g) Treatment of Certain Accelerated Death Benefits.--
``(1) In general.--For purposes of this section, the
following amounts shall be treated as an amount paid by
reason of the death of an insured:
``(A) Any amount received under a life insurance contract
on the life of an insured who is a terminally ill individual.
``(B) Any amount received under a life insurance contract
on the life of an insured who is a chronically ill
individual.
``(2) Treatment of viatical settlements.--
``(A) In general.--If any portion of the death benefit
under a life insurance contract on the life of an insured
described in paragraph (1) is sold or assigned to a viatical
settlement provider, the amount paid for the sale or
assignment of such portion shall be treated as an amount paid
under the life insurance contract by reason of the death of
such insured.
``(B) Viatical settlement provider.--
``(i) In general.--The term `viatical settlement provider'
means any person regularly engaged in the trade or business
of purchasing, or taking assignments of, life insurance
contracts on the lives of insureds described in paragraph (1)
if--
``(I) such person is licensed for such purposes (with
respect to insureds described in the same subparagraph of
paragraph (1) as the insured) in the State in which the
insured resides, or
``(II) in the case of an insured who resides in a State not
requiring the licensing of such persons for such purposes
with respect to such insured, such person meets the
requirements of clause (ii) or (iii), whichever applies to
such insured.
``(ii) Terminally ill insureds.--A person meets the
requirements of this clause with respect to an insured who is
a terminally ill individual if such person--
``(I) meets the requirements of sections 8 and 9 of the
Viatical Settlements Model Act of the National Association of
Insurance Commissioners, and
``(II) meets the requirements of the Model Regulations of
the National Association of Insurance Commissioners (relating
to standards for evaluation of reasonable payments) in
determining amounts paid by such person in connection with
such purchases or assignments.
``(iii) Chronically ill insureds.--A person meets the
requirements of this clause with respect to an insured who is
a chronically ill individual if such person--
``(I) meets requirements similar to the requirements
referred to in clause (ii)(I), and
``(II) meets the standards (if any) of the National
Association of Insurance Commissioners for evaluating the
reasonableness of amounts paid by such person in connection
with such purchases or assignments with respect to
chronically ill individuals.
``(3) Special rules for chronically ill insureds.--In the
case of an insured who is a chronically ill individual--
``(A) In general.--Paragraphs (1) and (2) shall not apply
to any payment received for any period unless--
``(i) such payment is for costs incurred by the payee (not
compensated for by insurance or otherwise) for qualified
long-term care services provided for the insured for such
period, and
``(ii) the terms of the contract giving rise to such
payment satisfy--
``(I) the requirements of section 7702B(b)(1)(B), and
``(II) the requirements (if any) applicable under
subparagraph (B).
For purposes of the preceding sentence, the rule of section
7702B(b)(2)(B) shall apply.
``(B) Other requirements.--The requirements applicable
under this subparagraph are--
``(i) those requirements of section 7702B(g) and section
4980C which the Secretary specifies as applying to such a
purchase, assignment, or other arrangement,
``(ii) standards adopted by the National Association of
Insurance Commissioners which specifically apply to
chronically ill individuals (and, if such standards are
adopted, the analogous requirements specified under clause
(i) shall cease to apply), and
``(iii) standards adopted by the State in which the
policyholder resides (and if such standards are adopted, the
analogous requirements specified under clause (i) and
(subject to section 4980C(f)) standards under clause (ii),
shall cease to apply).
``(C) Per diem payments.--A payment shall not fail to be
described in subparagraph (A) by reason of being made on a
per diem or other periodic basis without regard to the
expenses incurred during the period to which the payment
relates.
``(D) Limitation on exclusion for periodic payments.--
``For limitation on amount of periodic payments which are treated as
described in paragraph (1), see section 7702B(d).''
``(4) Definitions.--For purposes of this subsection--
``(A) Terminally ill individual.--The term `terminally ill
individual' means an individual who has been certified by a
physician as having an illness or physical condition which
can reasonably be expected to result in death in 24 months or
less after the date of the certification.
``(B) Chronically ill individual.--The term `chronically
ill individual' has the meaning given such term by section
7702B(c)(2); except that such term shall not include a
terminally ill individual.
``(C) Qualified long-term care services.--The term
`qualified long-term care services' has the meaning given
such term by section 7702B(c).
``(D) Physician.--The term `physician' has the meaning
given to such term by section 1861(r)(1) of the Social
Security Act (42 U.S.C. 1395x(r)(1)).
[[Page 1896]]
``(5) Exception for business-related policies.--This
subsection shall not apply in the case of any amount paid to
any taxpayer other than the insured if such taxpayer has an
insurable interest with respect to the life of the insured by
reason of the insured being a director, officer, or employee
of the taxpayer or by reason of the insured being financially
interested in any trade or business carried on by the
taxpayer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to amounts received after December 31, 1996.
SEC. 332. TAX TREATMENT OF COMPANIES ISSUING QUALIFIED
ACCELERATED DEATH BENEFIT RIDERS.
(a) Qualified Accelerated Death Benefit Riders Treated as
Life Insurance.--Section 818 (relating to other definitions
and special rules) is amended by adding at the end the
following new subsection:
``(g) Qualified Accelerated Death Benefit Riders Treated as
Life Insurance.--For purposes of this part--
``(1) In general.--Any reference to a life insurance
contract shall be treated as including a reference to a
qualified accelerated death benefit rider on such contract.
``(2) Qualified accelerated death benefit riders.--For
purposes of this subsection, the term `qualified accelerated
death benefit rider' means any rider on a life insurance
contract if the only payments under the rider are payments
meeting the requirements of section 101(g).
``(3) Exception for long-term care riders.--Paragraph (1)
shall not apply to any rider which is treated as a long-term
care insurance contract under section 7702B.''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
take effect on January 1, 1997.
(2) Issuance of rider not treated as material change.--For
purposes of applying sections 101(f), 7702, and 7702A of the
Internal Revenue Code of 1986 to any contract--
(A) the issuance of a qualified accelerated death benefit
rider (as defined in section 818(g) of such Code (as added by
this Act)), and
(B) the addition of any provision required to conform an
accelerated death benefit rider to the requirements of such
section 818(g),
shall not be treated as a modification or material change of
such contract.
Subtitle E--State Insurance Pools
SEC. 341. EXEMPTION FROM INCOME TAX FOR STATE-SPONSORED
ORGANIZATIONS PROVIDING HEALTH COVERAGE FOR
HIGH-RISK INDIVIDUALS.
(a) In General.--Subsection (c) of section 501 (relating to
list of exempt organizations) is amended by adding at the end
the following new paragraph:
``(26) Any membership organization if--
``(A) such organization is established by a State
exclusively to provide coverage for medical care (as defined
in section 213(d)) on a not-for-profit basis to individuals
described in subparagraph (B) through--
``(i) insurance issued by the organization, or
``(ii) a health maintenance organization under an
arrangement with the organization,
``(B) the only individuals receiving such coverage through
the organization are individuals--
``(i) who are residents of such State, and
``(ii) who, by reason of the existence or history of a
medical condition--
``(I) are unable to acquire medical care coverage for such
condition through insurance or from a health maintenance
organization, or
``(II) are able to acquire such coverage only at a rate
which is substantially in excess of the rate for such
coverage through the membership organization,
``(C) the composition of the membership in such
organization is specified by such State, and
``(D) no part of the net earnings of the organization
inures to the benefit of any private shareholder or
individual.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 342. EXEMPTION FROM INCOME TAX FOR STATE-SPONSORED
WORKMEN'S COMPENSATION REINSURANCE
ORGANIZATIONS.
(a) In General.--Subsection (c) of section 501 (relating to
list of exempt organizations), as amended by section 341, is
amended by adding at the end the following new paragraph:
``(27) Any membership organization if--
``(A) such organization is established before June 1, 1996,
by a State exclusively to reimburse its members for losses
arising under workmen's compensation acts,
``(B) such State requires that the membership of such
organization consist of--
``(i) all persons who issue insurance covering workmen's
compensation losses in such State, and
``(ii) all persons and governmental entities who self-
insure against such losses, and
``(C) such organization operates as a non-profit
organization by--
``(i) returning surplus income to its members or workmen's
compensation policyholders on a periodic basis, and
``(ii) reducing initial premiums in anticipation of
investment income.''
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
Subtitle F--Organizations Subject to Section 833
SEC. 351. ORGANIZATIONS SUBJECT TO SECTION 833.
(a) In General.--Section 833(c) (relating to organization
to which section applies) is amended by adding at the end the
following new paragraph:
``(4) Treatment as existing blue cross or blue shield
organization.--
``(A) In general.--Paragraph (2) shall be applied to an
organization described in subparagraph (B) as if it were a
Blue Cross or Blue Shield organization.
``(B) Applicable organization.--An organization is
described in this subparagraph if it--
``(i) is organized under, and governed by, State laws which
are specifically and exclusively applicable to not-for-profit
health insurance or health service type organizations, and
``(ii) is not a Blue Cross or Blue Shield organization or
health maintenance organization.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after December 31, 1996.
Subtitle G--IRA Distributions to the Unemployed
SEC. 361. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED
WITHOUT ADDITIONAL TAX TO PAY FINANCIALLY
DEVASTATING MEDICAL EXPENSES.
(a) In General.--Section 72(t)(3)(A) is amended by striking
``(B),''.
(b) Distributions for Payment of Health Insurance Premiums
of Certain Unemployed Individuals.--Paragraph (2) of section
72(t) is amended by adding at the end the following new
subparagraph:
``(D) Distributions to unemployed individuals for health
insurance premiums.--
``(i) In general.--Distributions from an individual
retirement plan to an individual after separation from
employment--
``(I) if such individual has received unemployment
compensation for 12 consecutive weeks under any Federal or
State unemployment compensation law by reason of such
separation,
``(II) if such distributions are made during any taxable
year during which such unemployment compensation is paid or
the succeeding taxable year, and
``(III) to the extent such distributions do not exceed the
amount paid during the taxable year for insurance described
in section 213(d)(1)(D) with respect to the individual and
the individual's spouse and dependents (as defined in section
152).
``(ii) Distributions after reemployment.--Clause (i) shall
not apply to any distribution made after the individual has
been employed for at least 60 days after the separation from
employment to which clause (i) applies.
``(iii) Self-employed individuals.--To the extent provided
in regulations, a self-employed individual shall be treated
as meeting the requirements of clause (i)(I) if, under
Federal or State law, the individual would have received
unemployment compensation but for the fact the individual was
self-employed.''.
(c) Conforming Amendment.--Subparagraph (B) of section
72(t)(2) is amended by striking ``or (C)'' and inserting ``,
(C), or (D)''.
(d) Effective Date.--The amendments made by this section
shall apply to distributions after December 31, 1996.
Subtitle H--Organ and Tissue Donation Information Included With Income
Tax Refund Payments
SEC. 371. ORGAN AND TISSUE DONATION INFORMATION INCLUDED WITH
INCOME TAX REFUND PAYMENTS.
(a) In General.--The Secretary of the Treasury shall, to
the extent practicable, include with the mailing of any
payment of a refund of individual income tax made during the
period beginning on February 1, 1997, and ending on June 30,
1997, a copy of the document described in subsection (b).
(b) Text of Document.--The Secretary of the Treasury shall,
after consultation with the Secretary of Health and Human
Services and organizations promoting organ and tissue
(including eye) donation, prepare a document suitable for
inclusion with individual income tax refund payments which--
(1) encourages organ and tissue donation;
(2) includes a detachable organ and tissue donor card; and
(3) urges recipients to--
(A) sign the organ and tissue donor card;
(B) discuss organ and tissue donation with family members
and tell family members about the recipient's desire to be an
organ and tissue donor if the occasion arises; and
(C) encourage family members to request or authorize organ
and tissue donation if the occasion arises.
TITLE IV--APPLICATION AND ENFORCEMENT OF GROUP HEALTH PLAN REQUIREMENTS
Subtitle A--Application and Enforcement of Group Health Plan
Requirements
SEC. 401. GROUP HEALTH PLAN PORTABILITY, ACCESS, AND
RENEWABILITY REQUIREMENTS.
(a) In General.--The Internal Revenue Code of 1986 is
amended by adding at the end the following new subtitle:
``Subtitle K--Group Health Plan Portability, Access, and Renewability
Requirements
``Chapter 100. Group health plan portability, access, and renewability
requirements.
[[Page 1897]]
``CHAPTER 100--GROUP HEALTH PLAN PORTABILITY, ACCESS, AND RENEWABILITY
REQUIREMENTS
``Sec. 9801. Increased portability through limitation on preexisting
condition exclusions.
``Sec. 9802. Prohibiting discrimination against individual participants
and beneficiaries based on health status.
``Sec. 9803. Guaranteed renewability in multiemployer plans and certain
multiple employer welfare arrangements.
``Sec. 9804. General exceptions.
``Sec. 9805. Definitions.
``Sec. 9806. Regulations.
``SEC. 9801. INCREASED PORTABILITY THROUGH LIMITATION ON
PREEXISTING CONDITION EXCLUSIONS.
``(a) Limitation on Preexisting Condition Exclusion Period;
Crediting for Periods of Previous Coverage.--Subject to
subsection (d), a group health plan may, with respect to a
participant or beneficiary, impose a preexisting condition
exclusion only if--
``(1) such exclusion relates to a condition (whether
physical or mental), regardless of the cause of the
condition, for which medical advice, diagnosis, care, or
treatment was recommended or received within the 6-month
period ending on the enrollment date;
``(2) such exclusion extends for a period of not more than
12 months (or 18 months in the case of a late enrollee) after
the enrollment date; and
``(3) the period of any such preexisting condition
exclusion is reduced by the length of the aggregate of the
periods of creditable coverage (if any) applicable to the
participant or beneficiary as of the enrollment date.
``(b) Definitions.--For purposes of this section--
``(1) Preexisting condition exclusion.--
``(A) In general.--The term `preexisting condition
exclusion' means, with respect to coverage, a limitation or
exclusion of benefits relating to a condition based on the
fact that the condition was present before the date of
enrollment for such coverage, whether or not any medical
advice, diagnosis, care, or treatment was recommended or
received before such date.
``(B) Treatment of genetic information.--For purposes of
this section, genetic information shall not be treated as a
condition described in subsection (a)(1) in the absence of a
diagnosis of the condition related to such information.
``(2) Enrollment date.--The term `enrollment date' means,
with respect to an individual covered under a group health
plan, the date of enrollment of the individual in the plan
or, if earlier, the first day of the waiting period for such
enrollment.
``(3) Late enrollee.--The term `late enrollee' means, with
respect to coverage under a group health plan, a participant
or beneficiary who enrolls under the plan other than during--
``(A) the first period in which the individual is eligible
to enroll under the plan, or
``(B) a special enrollment period under subsection (f).
``(4) Waiting period.--The term `waiting period' means,
with respect to a group health plan and an individual who is
a potential participant or beneficiary in the plan, the
period that must pass with respect to the individual before
the individual is eligible to be covered for benefits under
the terms of the plan.
``(c) Rules Relating to Crediting Previous Coverage.--
``(1) Creditable coverage defined.--For purposes of this
part, the term `creditable coverage' means, with respect to
an individual, coverage of the individual under any of the
following:
``(A) A group health plan.
``(B) Health insurance coverage.
``(C) Part A or part B of title XVIII of the Social
Security Act.
``(D) Title XIX of the Social Security Act, other than
coverage consisting solely of benefits under section 1928.
``(E) Chapter 55 of title 10, United States Code.
``(F) A medical care program of the Indian Health Service
or of a tribal organization.
``(G) A State health benefits risk pool.
``(H) A health plan offered under chapter 89 of title 5,
United States Code.
``(I) A public health plan (as defined in regulations).
``(J) A health benefit plan under section 5(e) of the Peace
Corps Act (22 U.S.C. 2504(e).
Such term does not include coverage consisting solely of
coverage of excepted benefits (as defined in section
9805(c)).
``(2) Not counting periods before significant breaks in
coverage.--
``(A) In general.--A period of creditable coverage shall
not be counted, with respect to enrollment of an individual
under a group health plan, if, after such period and before
the enrollment date, there was a 63-day period during all of
which the individual was not covered under any creditable
coverage.
``(B) Waiting period not treated as a break in coverage.--
For purposes of subparagraph (A) and subsection (d)(4), any
period that an individual is in a waiting period for any
coverage under a group health plan or is in an affiliation
period shall not be taken into account in determining the
continuous period under subparagraph (A).
``(C) Affiliation period.--
``(i) In general.--For purposes of this section, the term
`affiliation period' means a period which, under the terms of
the health insurance coverage offered by the health
maintenance organization, must expire before the health
insurance coverage becomes effective. During such an
affiliation period, the organization is not required to
provide health care services or benefits and no premium shall
be charged to the participant or beneficiary.
``(ii) Beginning.--Such period shall begin on the
enrollment date.
``(iii) Runs concurrently with waiting periods.--Any such
affiliation period shall run concurrently with any waiting
period under the plan.
``(3) Method of crediting coverage.--
``(A) Standard method.--Except as otherwise provided under
subparagraph (B), for purposes of applying subsection (a)(3),
a group health plan shall count a period of creditable
coverage without regard to the specific benefits for which
coverage is offered during the period.
``(B) Election of alternative method.--A group health plan
may elect to apply subsection (a)(3) based on coverage of any
benefits within each of several classes or categories of
benefits specified in regulations rather than as provided
under subparagraph (A). Such election shall be made on a
uniform basis for all participants and beneficiaries. Under
such election a group health plan shall count a period of
creditable coverage with respect to any class or category of
benefits if any level of benefits is covered within such
class or category.
``(C) Plan notice.--In the case of an election with respect
to a group health plan under subparagraph (B), the plan
shall--
``(i) prominently state in any disclosure statements
concerning the plan, and state to each enrollee at the time
of enrollment under the plan, that the plan has made such
election, and
``(ii) include in such statements a description of the
effect of this election.
``(4) Establishment of period.--Periods of creditable
coverage with respect to an individual shall be established
through presentation of certifications described in
subsection (e) or in such other manner as may be specified in
regulations.
``(d) Exceptions.--
``(1) Exclusion not applicable to certain newborns.--
Subject to paragraph (4), a group health plan may not impose
any preexisting condition exclusion in the case of an
individual who, as of the last day of the 30-day period
beginning with the date of birth, is covered under creditable
coverage.
``(2) Exclusion not applicable to certain adopted
children.--Subject to paragraph (4), a group health plan may
not impose any preexisting condition exclusion in the case of
a child who is adopted or placed for adoption before
attaining 18 years of age and who, as of the last day of the
30-day period beginning on the date of the adoption or
placement for adoption, is covered under creditable coverage.
The previous sentence shall not apply to coverage before the
date of such adoption or placement for adoption.
``(3) Exclusion not applicable to pregnancy.--For purposes
of this section, a group health plan may not impose any
preexisting condition exclusion relating to pregnancy as a
preexisting condition.
``(4) Loss if break in coverage.--Paragraphs (1) and (2)
shall no longer apply to an individual after the end of the
first 63-day period during all of which the individual was
not covered under any creditable coverage.
``(e) Certifications and Disclosure of Coverage.--
``(1) Requirement for certification of period of creditable
coverage.--
``(A) In general.--A group health plan shall provide the
certification described in subparagraph (B)--
``(i) at the time an individual ceases to be covered under
the plan or otherwise becomes covered under a COBRA
continuation provision,
``(ii) in the case of an individual becoming covered under
such a provision, at the time the individual ceases to be
covered under such provision, and
``(iii) on the request on behalf of an individual made not
later than 24 months after the date of cessation of the
coverage described in clause (i) or (ii), whichever is later.
The certification under clause (i) may be provided, to the
extent practicable, at a time consistent with notices
required under any applicable COBRA continuation provision.
``(B) Certification.--The certification described in this
subparagraph is a written certification of--
``(i) the period of creditable coverage of the individual
under such plan and the coverage under such COBRA
continuation provision, and
``(ii) the waiting period (if any) (and affiliation period,
if applicable) imposed with respect to the individual for any
coverage under such plan.
``(C) Issuer compliance.--To the extent that medical care
under a group health plan consists of health insurance
coverage offered in connection with the plan, the plan is
deemed to have satisfied the certification requirement under
this paragraph if the issuer provides for such certification
in accordance with this paragraph.
``(2) Disclosure of information on previous benefits.--
``(A) In general.--In the case of an election described in
subsection (c)(3)(B) by a group health plan, if the plan
enrolls an individual for coverage under the plan and the
individual provides a certification of coverage of the
individual under paragraph (1)--
[[Page 1898]]
``(i) upon request of such plan, the entity which issued
the certification provided by the individual shall promptly
disclose to such requesting plan information on coverage of
classes and categories of health benefits available under
such entity's plan, and
``(ii) such entity may charge the requesting plan or issuer
for the reasonable cost of disclosing such information.
``(3) Regulations.--The Secretary shall establish rules to
prevent an entity's failure to provide information under
paragraph (1) or (2) with respect to previous coverage of an
individual from adversely affecting any subsequent coverage
of the individual under another group health plan or health
insurance coverage.
``(f) Special Enrollment Periods.--
``(1) Individuals losing other coverage.--A group health
plan shall permit an employee who is eligible, but not
enrolled, for coverage under the terms of the plan (or a
dependent of such an employee if the dependent is eligible,
but not enrolled, for coverage under such terms) to enroll
for coverage under the terms of the plan if each of the
following conditions is met:
``(A) The employee or dependent was covered under a group
health plan or had health insurance coverage at the time
coverage was previously offered to the employee or
individual.
``(B) The employee stated in writing at such time that
coverage under a group health plan or health insurance
coverage was the reason for declining enrollment, but only if
the plan sponsor (or the health insurance issuer offering
health insurance coverage in connection with the plan)
required such a statement at such time and provided the
employee with notice of such requirement (and the
consequences of such requirement) at such time.
``(C) The employee's or dependent's coverage described in
subparagraph (A)--
``(i) was under a COBRA continuation provision and the
coverage under such provision was exhausted; or
``(ii) was not under such a provision and either the
coverage was terminated as a result of loss of eligibility
for the coverage (including as a result of legal separation,
divorce, death, termination of employment, or reduction in
the number of hours of employment) or employer contributions
towards such coverage were terminated.
``(D) Under the terms of the plan, the employee requests
such enrollment not later than 30 days after the date of
exhaustion of coverage described in subparagraph (C)(i) or
termination of coverage or employer contribution described in
subparagraph (C)(ii).
``(2) For dependent beneficiaries.--
``(A) In general.--If--
``(i) a group health plan makes coverage available with
respect to a dependent of an individual,
``(ii) the individual is a participant under the plan (or
has met any waiting period applicable to becoming a
participant under the plan and is eligible to be enrolled
under the plan but for a failure to enroll during a previous
enrollment period), and
``(iii) a person becomes such a dependent of the individual
through marriage, birth, or adoption or placement for
adoption,
the group health plan shall provide for a dependent special
enrollment period described in subparagraph (B) during which
the person (or, if not otherwise enrolled, the individual)
may be enrolled under the plan as a dependent of the
individual, and in the case of the birth or adoption of a
child, the spouse of the individual may be enrolled as a
dependent of the individual if such spouse is otherwise
eligible for coverage.
``(B) Dependent special enrollment period.--The dependent
special enrollment period under this subparagraph shall be a
period of not less than 30 days and shall begin on the later
of--
``(i) the date dependent coverage is made available, or
``(ii) the date of the marriage, birth, or adoption or
placement for adoption (as the case may be) described in
subparagraph (A)(iii).
``(C) No waiting period.--If an individual seeks coverage
of a dependent during the first 30 days of such a dependent
special enrollment period, the coverage of the dependent
shall become effective--
``(i) in the case of marriage, not later than the first day
of the first month beginning after the date the completed
request for enrollment is received;
``(ii) in the case of a dependent's birth, as of the date
of such birth; or
``(iii) in the case of a dependent's adoption or placement
for adoption, the date of such adoption or placement for
adoption.
``SEC. 9802. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL
PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH
STATUS.
``(a) In Eligibility to Enroll.--
``(1) In general.--Subject to paragraph (2), a group health
plan may not establish rules for eligibility (including
continued eligibility) of any individual to enroll under the
terms of the plan based on any of the following factors in
relation to the individual or a dependent of the individual:
``(A) Health status.
``(B) Medical condition (including both physical and mental
illnesses).
``(C) Claims experience.
``(D) Receipt of health care.
``(E) Medical history.
``(F) Genetic information.
``(G) Evidence of insurability (including conditions
arising out of acts of domestic violence).
``(H) Disability.
``(2) No application to benefits or exclusions.--To the
extent consistent with section 9801, paragraph (1) shall not
be construed--
``(A) to require a group health plan to provide particular
benefits (or benefits with respect to a specific procedure,
treatment, or service) other than those provided under the
terms of such plan; or
``(B) to prevent such a plan from establishing limitations
or restrictions on the amount, level, extent, or nature of
the benefits or coverage for similarly situated individuals
enrolled in the plan or coverage.
``(3) Construction.--For purposes of paragraph (1), rules
for eligibility to enroll under a plan include rules defining
any applicable waiting periods for such enrollment.
``(b) In Premium Contributions.--
``(1) In general.--A group health plan may not require any
individual (as a condition of enrollment or continued
enrollment under the plan) to pay a premium or contribution
which is greater than such premium or contribution for a
similarly situated individual enrolled in the plan on the
basis of any factor described in subsection (a)(1) in
relation to the individual or to an individual enrolled under
the plan as a dependent of the individual.
``(2) Construction.--Nothing in paragraph (1) shall be
construed--
``(A) to restrict the amount that an employer may be
charged for coverage under a group health plan; or
``(B) to prevent a group health plan from establishing
premium discounts or rebates or modifying otherwise
applicable copayments or deductibles in return for adherence
to programs of health promotion and disease prevention.
``SEC. 9803. GUARANTEED RENEWABILITY IN MULTIEMPLOYER PLANS
AND CERTAIN MULTIPLE EMPLOYER WELFARE
ARRANGEMENTS.
``(a) In General.--A group health plan which is a
multiemployer plan (as defined in section 414(f)) or which is
a multiple employer welfare arrangement may not deny an
employer continued access to the same or different coverage
under such plan, other than--
``(1) for nonpayment of contributions;
``(2) for fraud or other intentional misrepresentation of
material fact by the employer;
``(3) for noncompliance with material plan provisions;
``(4) because the plan is ceasing to offer any coverage in
a geographic area;
``(5) in the case of a plan that offers benefits through a
network plan, because there is no longer any individual
enrolled through the employer who lives, resides, or works in
the service area of the network plan and the plan applies
this paragraph uniformly without regard to the claims
experience of employers or a factor described in section
9802(a)(1) in relation to such individuals or their
dependents; or
``(6) for failure to meet the terms of an applicable
collective bargaining agreement, to renew a collective
bargaining or other agreement requiring or authorizing
contributions to the plan, or to employ employees covered by
such an agreement.
``(b) Multiple Employer Welfare Arrangement.--For purposes
of subsection (a), the term `multiple employer welfare
arrangement' has the meaning given such term by section 3(40)
of the Employee Retirement Income Security Act of 1974, as in
effect on the date of the enactment of this section.
``SEC. 9804. GENERAL EXCEPTIONS.
``(a) Exception for Certain Plans.--The requirements of
this chapter shall not apply to--
``(1) any governmental plan, and
``(2) any group health plan for any plan year if, on the
first day of such plan year, such plan has less than 2
participants who are current employees.
``(b) Exception for Certain Benefits.--The requirements of
this chapter shall not apply to any group health plan in
relation to its provision of excepted benefits described in
section 9805(c)(1).
``(c) Exception for Certain Benefits If Certain Conditions
Met.--
``(1) Limited, excepted benefits.--The requirements of this
chapter shall not apply to any group health plan in relation
to its provision of excepted benefits described in section
9805(c)(2) if the benefits--
``(A) are provided under a separate policy, certificate, or
contract of insurance; or
``(B) are otherwise not an integral part of the plan.
``(2) Noncoordinated, excepted benefits.--The requirements
of this chapter shall not apply to any group health plan in
relation to its provision of excepted benefits described in
section 9805(c)(3) if all of the following conditions are
met:
``(A) The benefits are provided under a separate policy,
certificate, or contract of insurance.
``(B) There is no coordination between the provision of
such benefits and any exclusion of benefits under any group
health plan maintained by the same plan sponsor.
``(C) Such benefits are paid with respect to an event
without regard to whether benefits are provided with respect
to such an event under any group health plan maintained by
the same plan sponsor.
``(3) Supplemental excepted benefits.--The requirements of
this chapter shall not apply to any group health plan in
relation to its provision of excepted benefits described
[[Page 1899]]
in section 9805(c)(4) if the benefits are provided under a
separate policy, certificate, or contract of insurance.
``SEC. 9805. DEFINITIONS.
``(a) Group Health Plan.--For purposes of this chapter, the
term `group health plan' has the meaning given to such term
by section 5000(b)(1).
``(b) Definitions Relating to Health Insurance.--For
purposes of this chapter--
``(1) Health insurance coverage.--
``(A) In general.--Except as provided in subparagraph (B),
the term `health insurance coverage' means benefits
consisting of medical care (provided directly, through
insurance or reimbursement, or otherwise) under any hospital
or medical service policy or certificate, hospital or medical
service plan contract, or health maintenance organization
contract offered by a health insurance issuer.
``(B) No application to certain excepted benefits.--In
applying subparagraph (A), excepted benefits described in
subsection (c)(1) shall not be treated as benefits consisting
of medical care.
``(2) Health insurance issuer.--The term `health insurance
issuer' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization, as defined in paragraph (3)) which is licensed
to engage in the business of insurance in a State and which
is subject to State law which regulates insurance (within the
meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974, as in effect on the date of the
enactment of this section). Such term does not include a
group health plan.
``(3) Health maintenance organization.--The term `health
maintenance organization' means--
``(A) a Federally qualified health maintenance organization
(as defined in section 1301(a) of the Public Health Service
Act (42 U.S.C. 300e(a))),
``(B) an organization recognized under State law as a
health maintenance organization, or
``(C) a similar organization regulated under State law for
solvency in the same manner and to the same extent as such a
health maintenance organization.
``(c) Excepted Benefits.--For purposes of this chapter, the
term `excepted benefits' means benefits under one or more (or
any combination thereof) of the following:
``(1) Benefits not subject to requirements.--
``(A) Coverage only for accident, or disability income
insurance, or any combination thereof.
``(B) Coverage issued as a supplement to liability
insurance.
``(C) Liability insurance, including general liability
insurance and automobile liability insurance.
``(D) Workers' compensation or similar insurance.
``(E) Automobile medical payment insurance.
``(F) Credit-only insurance.
``(G) Coverage for on-site medical clinics.
``(H) Other similar insurance coverage, specified in
regulations, under which benefits for medical care are
secondary or incidental to other insurance benefits.
``(2) Benefits not subject to requirements if offered
separately.--
``(A) Limited scope dental or vision benefits.
``(B) Benefits for long-term care, nursing home care, home
health care, community-based care, or any combination
thereof.
``(C) Such other similar, limited benefits as are specified
in regulations.
``(3) Benefits not subject to requirements if offered as
independent, noncoordinated benefits.--
``(A) Coverage only for a specified disease or illness.
``(B) Hospital indemnity or other fixed indemnity
insurance.
``(4) Benefits not subject to requirements if offered as
separate insurance policy.--Medicare supplemental health
insurance (as defined under section 1882(g)(1) of the Social
Security Act), coverage supplemental to the coverage provided
under chapter 55 of title 10, United States Code, and similar
supplemental coverage provided to coverage under a group
health plan.
``(d) Other Definitions.--For purposes of this chapter--
``(1) COBRA continuation provision.--The term `COBRA
continuation provision' means any of the following:
``(A) Section 4980B, other than subsection (f)(1) thereof
insofar as it relates to pediatric vaccines.
``(B) Part 6 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1161 et
seq.), other than section 609 of such Act.
``(C) Title XXII of the Public Health Service Act.
``(2) Governmental plan.--The term `governmental plan' has
the meaning given such term by section 414(d).
``(3) Medical care.--The term `medical care' has the
meaning given such term by section 213(d) determined without
regard to--
``(A) paragraph (1)(C) thereof, and
``(B) so much of paragraph (1)(D) thereof as relates to
qualified long-term care insurance.
``(4) Network plan.--The term `network plan' means health
insurance coverage of a health insurance issuer under which
the financing and delivery of medical care are provided, in
whole or in part, through a defined set of providers under
contract with the issuer.
``(5) Placed for adoption defined.--The term `placement',
or being `placed', for adoption, in connection with any
placement for adoption of a child with any person, means the
assumption and retention by such person of a legal obligation
for total or partial support of such child in anticipation of
adoption of such child. The child's placement with such
person terminates upon the termination of such legal
obligation.
``SEC. 9806. REGULATIONS.
``The Secretary, consistent with section 104 of the Health
Care Portability and Accountability Act of 1996, may
promulgate such regulations as may be necessary or
appropriate to carry out the provisions of this chapter. The
Secretary may promulgate any interim final rules as the
Secretary determines are appropriate to carry out this
chapter.''
(b) Clerical Amendment.--The table of subtitles of such
Code is amended by adding at the end the following new item:
``Subtitle K. Group health plan portability, access, and renewability
requirements.''
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after June 30, 1997.
(2) Determination of creditable coverage.--
(A) Period of coverage.--
(i) In general.--Subject to clause (ii), no period before
July 1, 1996, shall be taken into account under chapter 100
of the Internal Revenue Code of 1986 (as added by this
section) in determining creditable coverage.
(ii) Special rule for certain periods.--The Secretary of
the Treasury, consistent with section 104, shall provide for
a process whereby individuals who need to establish
creditable coverage for periods before July 1, 1996, and who
would have such coverage credited but for clause (i) may be
given credit for creditable coverage for such periods through
the presentation of documents or other means.
(B) Certifications, etc.--
(i) In general.--Subject to clauses (ii) and (iii),
subsection (e) of section 9801 of the Internal Revenue Code
of 1986 (as added by this section) shall apply to events
occurring after June 30, 1996.
(ii) No certification required to be provided before june
1, 1997.--In no case is a certification required to be
provided under such subsection before June 1, 1997.
(iii) Certification only on written request for events
occurring before october 1, 1996.--In the case of an event
occurring after June 30, 1996, and before October 1, 1996, a
certification is not required to be provided under such
subsection unless an individual (with respect to whom the
certification is otherwise required to be made) requests such
certification in writing.
(C) Transitional rule.--In the case of an individual who
seeks to establish creditable coverage for any period for
which certification is not required because it relates to an
event occurring before June 30, 1996--
(i) the individual may present other credible evidence of
such coverage in order to establish the period of creditable
coverage; and
(ii) a group health plan and a health insurance issuer
shall not be subject to any penalty or enforcement action
with respect to the plan's or issuer's crediting (or not
crediting) such coverage if the plan or issuer has sought to
comply in good faith with the applicable requirements under
the amendments made by this section.
(3) Special rule for collective bargaining agreements.--
Except as provided in paragraph (2), in the case of a group
health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and
one or more employers ratified before the date of the
enactment of this Act, the amendments made by this section
shall not apply to plan years beginning before the later of--
(A) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined
without regard to any extension thereof agreed to after the
date of the enactment of this Act), or
(B) July 1, 1997.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any
requirement added by this section shall not be treated as a
termination of such collective bargaining agreement.
(4) Timely regulations.--The Secretary of the Treasury,
consistent with section 104, shall first issue by not later
than April 1, 1997, such regulations as may be necessary to
carry out the amendments made by this section.
(5) Limitation on actions.--No enforcement action shall be
taken, pursuant to the amendments made by this section,
against a group health plan or health insurance issuer with
respect to a violation of a requirement imposed by such
amendments before January 1, 1998, or, if later, the date of
issuance of regulations referred to in paragraph (4), if the
plan or issuer has sought to comply in good faith with such
requirements.
SEC. 402. PENALTY ON FAILURE TO MEET CERTAIN GROUP HEALTH
PLAN REQUIREMENTS.
(a) In General.--Chapter 43 of the Internal Revenue Code of
1986 (relating to qualified pension, etc., plans) is amended
by adding after section 4980C the following new section:
[[Page 1900]]
``SEC. 4980D. FAILURE TO MEET CERTAIN GROUP HEALTH PLAN
REQUIREMENTS.
``(a) General Rule.--There is hereby imposed a tax on any
failure of a group health plan to meet the requirements of
chapter 100 (relating to group health plan portability,
access, and renewability requirements).
``(b) Amount of Tax.--
``(1) In general.--The amount of the tax imposed by
subsection (a) on any failure shall be $100 for each day in
the noncompliance period with respect to each individual to
whom such failure relates.
``(2) Noncompliance period.--For purposes of this section,
the term `noncompliance period' means, with respect to any
failure, the period--
``(A) beginning on the date such failure first occurs, and
``(B) ending on the date such failure is corrected.
``(3) Minimum tax for noncompliance period where failure
discovered after notice of examination.--Notwithstanding
paragraphs (1) and (2) of subsection (c)--
``(A) In general.--In the case of 1 or more failures with
respect to an individual--
``(i) which are not corrected before the date a notice of
examination of income tax liability is sent to the employer,
and
``(ii) which occurred or continued during the period under
examination,
the amount of tax imposed by subsection (a) by reason of such
failures with respect to such individual shall not be less
than the lesser of $2,500 or the amount of tax which would be
imposed by subsection (a) without regard to such paragraphs.
``(B) Higher minimum tax where violations are more than de
minimis.--To the extent violations for which any person is
liable under subsection (e) for any year are more than de
minimis, subparagraph (A) shall be applied by substituting
`$15,000' for `$2,500' with respect to such person.
``(C) Exception for church plans.--This paragraph shall not
apply to any failure under a church plan (as defined in
section 414(e)).
``(c) Limitations on Amount of Tax.--
``(1) Tax not to apply where failure not discovered
exercising reasonable diligence.--No tax shall be imposed by
subsection (a) on any failure during any period for which it
is established to the satisfaction of the Secretary that the
person otherwise liable for such tax did not know, and
exercising reasonable diligence would not have known, that
such failure existed.
``(2) Tax not to apply to failures corrected within certain
periods.--No tax shall be imposed by subsection (a) on any
failure if--
``(A) such failure was due to reasonable cause and not to
willful neglect, and
``(B)(i) in the case of a plan other than a church plan (as
defined in section 414(e)), such failure is corrected during
the 30-day period beginning on the 1st date the person
otherwise liable for such tax knew, or exercising reasonable
diligence would have known, that such failure existed, and
``(ii) in the case of a church plan (as so defined), such
failure is corrected before the close of the correction
period (determined under the rules of section 414(e)(4)(C)).
``(3) Overall limitation for unintentional failures.--In
the case of failures which are due to reasonable cause and
not to willful neglect--
``(A) Single employer plans.--
``(i) In general.--In the case of failures with respect to
plans other than specified multiple employer health plans,
the tax imposed by subsection (a) for failures during the
taxable year of the employer shall not exceed the amount
equal to the lesser of--
``(I) 10 percent of the aggregate amount paid or incurred
by the employer (or predecessor employer) during the
preceding taxable year for group health plans, or
``(II) $500,000.
``(ii) Taxable years in the case of certain controlled
groups.--For purposes of this subparagraph, if not all
persons who are treated as a single employer for purposes of
this section have the same taxable year, the taxable years
taken into account shall be determined under principles
similar to the principles of section 1561.
``(B) Specified multiple employer health plans.--
``(i) In general.--In the case of failures with respect to
a specified multiple employer health plan, the tax imposed by
subsection (a) for failures during the taxable year of the
trust forming part of such plan shall not exceed the amount
equal to the lesser of--
``(I) 10 percent of the amount paid or incurred by such
trust during such taxable year to provide medical care (as
defined in section 9805(d)(3)) directly or through insurance,
reimbursement, or otherwise, or
``(II) $500,000.
For purposes of the preceding sentence, all plans of which
the same trust forms a part shall be treated as 1 plan.
``(ii) Special rule for employers required to pay tax.--If
an employer is assessed a tax imposed by subsection (a) by
reason of a failure with respect to a specified multiple
employer health plan, the limit shall be determined under
subparagraph (A) (and not under this subparagraph) and as if
such plan were not a specified multiple employer health plan.
``(4) Waiver by secretary.--In the case of a failure which
is due to reasonable cause and not to willful neglect, the
Secretary may waive part or all of the tax imposed by
subsection (a) to the extent that the payment of such tax
would be excessive relative to the failure involved.
``(d) Tax Not To Apply to Certain Insured Small Employer
Plans.--
``(1) In general.--In the case of a group health plan of a
small employer which provides health insurance coverage
solely through a contract with a health insurance issuer, no
tax shall be imposed by this section on the employer on any
failure which is solely because of the health insurance
coverage offered by such issuer.
``(2) Small employer.--
``(A) In general.--For purposes of paragraph (1), the term
`small employer' means, with respect to a calendar year and a
plan year, an employer who employed an average of at least 2
but not more than 50 employees on business days during the
preceding calendar year and who employs at least 2 employees
on the first day of the plan year. For purposes of the
preceding sentence, all persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 shall
be treated as 1 employer.
``(B) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination of whether such
employer is a small employer shall be based on the average
number of employees that it is reasonably expected such
employer will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this paragraph to an
employer shall include a reference to any predecessor of such
employer.
``(3) Health insurance coverage; health insurance issuer.--
For purposes of paragraph (1), the terms `health insurance
coverage' and `health insurance issuer' have the respective
meanings given such terms by section 9805.
``(e) Liability for Tax.--The following shall be liable for
the tax imposed by subsection (a) on a failure:
``(1) Except as otherwise provided in this subsection, the
employer.
``(2) In the case of a multiemployer plan, the plan.
``(3) In the case of a failure under section 9803 (relating
to guaranteed renewability) with respect to a plan described
in subsection (f)(2)(B), the plan.
``(f) Definitions.--For purposes of this section--
``(1) Group health plan.--The term `group health plan' has
the meaning given such term by section 9805(a).
``(2) Specified multiple employer health plan.--The term
`specified multiple employer health plan' means a group
health plan which is--
``(A) any multiemployer plan, or
``(B) any multiple employer welfare arrangement (as defined
in section 3(40) of the Employee Retirement Income Secrurity
Act of 1974, as in effect on the date of the enactment of
this section).
``(3) Correction.--A failure of a group health plan shall
be treated as corrected if--
``(A) such failure is retroactively undone to the extent
possible, and
``(B) the person to whom the failure relates is placed in a
financial position which is as good as such person would have
been in had such failure not occurred.''
(b) Clerical Amendment.--The table of sections for chapter
43 of such Code is amended by adding after the item relating
to section 4980C the following new item:
``Sec. 4980D. Failure to meet certain group health plan requirements.''
(c) Effective Date.--The amendments made by this section
shall apply to failures under chapter 100 of the Internal
Revenue Code of 1986 (as added by section 401 of this Act).
Subtitle B--Clarification of Certain Continuation Coverage Requirements
SEC. 421. COBRA CLARIFICATIONS.
(a) Public Health Service Act.--
(1) Period of coverage.--Section 2202(2) of the Public
Health Service Act (42 U.S.C. 300bb-2(2)) is amended--
(A) in subparagraph (A)--
(i) by transferring the sentence immediately preceding
clause (iv) so as to appear immediately following such clause
(iv); and
(ii) in the last sentence (as so transferred)--
(I) by striking ``an individual'' and inserting ``a
qualified beneficiary'';
(II) by striking ``at the time of a qualifying event
described in section 2203(2)'' and inserting ``at any time
during the first 60 days of continuation coverage under this
title'';
(III) by striking ``with respect to such event,''; and
(IV) by inserting ``(with respect to all qualified
beneficiaries)'' after ``29 months'';
(B) in subparagraph (D)(i), by inserting before ``, or''
the following: ``(other than such an exclusion or limitation
which does not apply to (or is satisfied by) such beneficiary
by reason of chapter 100 of the Internal Revenue Code of
1986, part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974, or title XXVII of
this Act)''; and
(C) in subparagraph (E), by striking ``at the time of a
qualifying event described in section 2203(2)'' and inserting
``at any time during the first 60 days of continuation
coverage under this title''.
(2) Notices.--Section 2206(3) of the Public Health Service
Act (42 U.S.C. 300bb-6(3)) is amended by striking ``at the
time of a qualifying event described in section 2203(2)'' and
inserting ``at any time during the first 60 days of
continuation coverage under this title''.
(3) Birth or adoption of a child.--Section 2208(3)(A) of
the Public Health Service Act
[[Page 1901]]
(42 U.S.C. 300bb-8(3)(A)) is amended by adding at the end
thereof the following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continuation coverage under this title.''.
(b) Employee Retirement Income Security Act of 1974.--
(1) Period of coverage.--Section 602(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)) is
amended--
(A) in the last sentence of subparagraph (A)--
(i) by striking ``an individual'' and inserting ``a
qualified beneficiary'';
(ii) by striking ``at the time of a qualifying event
described in section 603(2)'' and inserting ``at any time
during the first 60 days of continuation coverage under this
part'';
(iii) by striking ``with respect to such event''; and
(iv) by inserting ``(with respect to all qualified
beneficiaries)'' after ``29 months'';
(B) in subparagraph (D)(i), by inserting before ``, or''
the following: ``(other than such an exclusion or limitation
which does not apply to (or is satisfied by) such beneficiary
by reason of chapter 100 of the Internal Revenue Code of
1986, part 7 of this subtitle, or title XXVII of the Public
Health Service Act)''; and
(C) in subparagraph (E), by striking ``at the time of a
qualifying event described in section 603(2)'' and inserting
``at any time during the first 60 days of continuation
coverage under this part''.
(2) Notices.--Section 606(a)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166(a)(3)) is amended
by striking ``at the time of a qualifying event described in
section 603(2)'' and inserting ``at any time during the first
60 days of continuation coverage under this part''.
(3) Birth or adoption of a child.--Section 607(3)(A) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1167(3)) is amended by adding at the end thereof the
following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continuation coverage under this part.''.
(c) Internal Revenue Code of 1986.--
(1) Period of coverage.--Section 4980B(f)(2)(B) of the
Internal Revenue Code of 1986 is amended--
(A) in the last sentence of clause (i)--
(i) by striking ``at the time of a qualifying event
described in paragraph (3)(B)'' and inserting ``at any time
during the first 60 days of continuation coverage under this
section'';
(ii) by striking ``with respect to such event''; and
(iii) by inserting ``(with respect to all qualified
beneficiaries)'' after ``29 months'';
(B) in clause (iv)(I), by inserting before ``, or'' the
following: ``(other than such an exclusion or limitation
which does not apply to (or is satisfied by) such beneficiary
by reason of chapter 100 of this title, part 7 of subtitle B
of title I of the Employee Retirement Income Security Act of
1974, or title XXVII of the Public Health Service Act)''; and
(C) in clause (v), by striking ``at the time of a
qualifying event described in paragraph (3)(B)'' and
inserting ``at any time during the first 60 days of
continuation coverage under this section''.
(2) Notices.--Section 4980B(f)(6)(C) of the Internal
Revenue Code of 1986 is amended by striking ``at the time of
a qualifying event described in paragraph (3)(B)'' and
inserting ``at any time during the first 60 days of
continuation coverage under this section''.
(3) Birth or adoption of a child.--Section 4980B(g)(1)(A)
of the Internal Revenue Code of 1986 is amended by adding at
the end thereof the following new flush sentence:
``Such term shall also include a child who is born to or
placed for adoption with the covered employee during the
period of continuation coverage under this section.''.
(d) Effective Date.--The amendments made by this section
shall become effective on January 1, 1997, regardless of
whether the qualifying event occurred before, on, or after
such date.
(e) Notification of Changes.--Not later than November 1,
1996, each group health plan (covered under title XXII of the
Public Health Service Act, part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974, and
section 4980B(f) of the Internal Revenue Code of 1986) shall
notify each qualified beneficiary who has elected
continuation coverage under such title, part or section of
the amendments made by this section.
TITLE V--REVENUE OFFSETS
SEC. 500. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Company-Owned Life Insurance
SEC. 501. DENIAL OF DEDUCTION FOR INTEREST ON LOANS WITH
RESPECT TO COMPANY-OWNED LIFE INSURANCE.
(a) In General.--Paragraph (4) of section 264(a) is
amended--
(1) by inserting ``, or any endowment or annuity contracts
owned by the taxpayer covering any individual,'' after ``the
life of any individual'', and
(2) by striking all that follows ``carried on by the
taxpayer'' and inserting a period.
(b) Exception for Contracts Relating to Key Persons;
Permissible Interest Rates.--Section 264 is amended--
(1) by striking ``Any'' in subsection (a)(4) and inserting
``Except as provided in subsection (d), any'', and
(2) by adding at the end the following new subsection:
``(d) Special Rules For Application of Subsection (a)(4).--
``(1) Exception for key persons.--Subsection (a)(4) shall
not apply to any interest paid or accrued on any indebtedness
with respect to policies or contracts covering an individual
who is a key person to the extent that the aggregate amount
of such indebtedness with respect to policies and contracts
covering such individual does not exceed $50,000.
``(2) Interest rate cap on key persons and pre-1986
contracts.--
``(A) In general.--No deduction shall be allowed by reason
of paragraph (1) or the last sentence of subsection (a) with
respect to interest paid or accrued for any month beginning
after December 31, 1995, to the extent the amount of such
interest exceeds the amount which would have been determined
if the applicable rate of interest were used for such month.
``(B) Applicable rate of interest.--For purposes of
subparagraph (A)--
``(i) In general.--The applicable rate of interest for any
month is the rate of interest described as Moody's Corporate
Bond Yield Average-Monthly Average Corporates as published by
Moody's Investors Service, Inc., or any successor thereto,
for such month.
``(ii) Pre-1986 contracts.--In the case of indebtedness on
a contract purchased on or before June 20, 1986--
``(I) which is a contract providing a fixed rate of
interest, the applicable rate of interest for any month shall
be the Moody's rate described in clause (i) for the month in
which the contract was purchased, or
``(II) which is a contract providing a variable rate of
interest, the applicable rate of interest for any month in an
applicable period shall be such Moody's rate for the third
month preceding the first month in such period.
For purposes of subclause (II), the taxpayer shall elect an
applicable period for such contract on its return of tax
imposed by this chapter for its first taxable year ending on
or after October 13, 1995. Such applicable period shall be
for any number of months (not greater than 12) specified in
the election and may not be changed by the taxpayer without
the consent of the Secretary.
``(3) Key person.--For purposes of paragraph (1), the term
`key person' means an officer or 20-percent owner, except
that the number of individuals who may be treated as key
persons with respect to any taxpayer shall not exceed the
greater of--
``(A) 5 individuals, or
``(B) the lesser of 5 percent of the total officers and
employees of the taxpayer or 20 individuals.
``(4) 20-percent owner.--For purposes of this subsection,
the term `20-percent owner' means--
``(A) if the taxpayer is a corporation, any person who owns
directly 20 percent or more of the outstanding stock of the
corporation or stock possessing 20 percent or more of the
total combined voting power of all stock of the corporation,
or
``(B) if the taxpayer is not a corporation, any person who
owns 20 percent or more of the capital or profits interest in
the employer.
``(5) Aggregation rules.--
``(A) In general.--For purposes of paragraph (4)(A) and
applying the $50,000 limitation in paragraph (1)--
``(i) all members of a controlled group shall be treated as
1 taxpayer, and
``(ii) such limitation shall be allocated among the members
of such group in such manner as the Secretary may prescribe.
``(B) Controlled group.--For purposes of this paragraph,
all persons treated as a single employer under subsection (a)
or (b) of section 52 or subsection (m) or (o) of section 414
shall be treated as members of a controlled group.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to interest paid or accrued after October 13, 1995.
(2) Transition rule for existing indebtedness.--
(A) In general.--In the case of--
(i) indebtedness incurred before January 1, 1996, or
(ii) indebtedness incurred before January 1, 1997 with
respect to any contract or policy entered into in 1994 or
1995,
the amendments made by this section shall not apply to
qualified interest paid or accrued on such indebtedness after
October 13, 1995, and before January 1, 1999.
(B) Qualified interest.--For purposes of subparagraph (A),
the qualified interest with respect to any indebtedness for
any month is the amount of interest (otherwise deductible)
which would be paid or accrued for such month on such
indebtedness if--
(i) in the case of any interest paid or accrued after
December 31, 1995, indebtedness with respect to no more than
20,000 insured individuals were taken into account, and
(ii) the lesser of the following rates of interest were
used for such month:
(I) The rate of interest specified under the terms of the
indebtedness as in effect on October 13, 1995 (and without
regard to modification of such terms after such date).
(II) The applicable percentage of the rate of interest
described as Moody's Corporate Bond Yield Average-Monthly
Average
[[Page 1902]]
Corporates as published by Moody's Investors Service, Inc.,
or any successor thereto, for such month.
For purposes of clause (i), all persons treated as a single
employer under subsection (a) or (b) of section 52 of the
Internal Revenue Code of 1986 or subsection (m) or (o) of
section 414 of such Code shall be treated as 1 person.
Subclause (II) of clause (ii) shall not apply to any month
before January 1, 1996.
(C) Applicable percentage.--For purposes of subparagraph
(B), the applicable percentage is as follows:
The percentage is:
1996...................................................100 percent
1997....................................................90 percent
1998....................................................80 percent.
(3) Special rule for grandfathered contracts.--This section
shall not apply to any contract purchased on or before June
20, 1986, except that section 264(d)(2) of the Internal
Revenue Code of 1986 shall apply to interest paid or accrued
after October 13, 1995.
(d) Spread of Income Inclusion on Surrender, Etc. of
Contracts.--
(1) In general.--If any amount is received under any life
insurance policy or endowment or annuity contract described
in paragraph (4) of section 264(a) of the Internal Revenue
Code of 1986--
(A) on the complete surrender, redemption, or maturity of
such policy or contract during calendar year 1996, 1997, or
1998, or
(B) in full discharge during any such calendar year of the
obligation under the policy or contract which is in the
nature of a refund of the consideration paid for the policy
or contract,
then (in lieu of any other inclusion in gross income) such
amount shall be includible in gross income ratably over the
4-taxable year period beginning with the taxable year such
amount would (but for this paragraph) be includible. The
preceding sentence shall only apply to the extent the amount
is includible in gross income for the taxable year in which
the event described in subparagraph (A) or (B) occurs.
(2) Special rules for applying section 264.--A contract
shall not be treated as--
(A) failing to meet the requirement of section 264(c)(1) of
the Internal Revenue Code of 1986, or
(B) a single premium contract under section 264(b)(1) of
such Code,
solely by reason of an occurrence described in subparagraph
(A) or (B) of paragraph (1) of this subsection or solely by
reason of no additional premiums being received under the
contract by reason of a lapse occurring after October 13,
1995.
(3) Special rule for deferred acquisition costs.--In the
case of the occurrence of any event described in subparagraph
(A) or (B) of paragraph (1) of this subsection with respect
to any policy or contract--
(A) section 848 of the Internal Revenue Code of 1986 shall
not apply to the unamortized balance (if any) of the
specified policy acquisition expenses attributable to such
policy or contract immediately before the insurance company's
taxable year in which such event occurs, and
(B) there shall be allowed as a deduction to such company
for such taxable year under chapter 1 of such Code an amount
equal to such unamortized balance.
Subtitle B--Treatment of Individuals Who Lose United States Citizenship
SEC. 511. REVISION OF INCOME, ESTATE, AND GIFT TAXES ON
INDIVIDUALS WHO LOSE UNITED STATES CITIZENSHIP.
(a) In General.--Subsection (a) of section 877 is amended
to read as follows:
``(a) Treatment of Expatriates.--
``(1) In general.--Every nonresident alien individual who,
within the 10-year period immediately preceding the close of
the taxable year, lost United States citizenship, unless such
loss did not have for 1 of its principal purposes the
avoidance of taxes under this subtitle or subtitle B, shall
be taxable for such taxable year in the manner provided in
subsection (b) if the tax imposed pursuant to such subsection
exceeds the tax which, without regard to this section, is
imposed pursuant to section 871.
``(2) Certain individuals treated as having tax avoidance
purpose.--For purposes of paragraph (1), an individual shall
be treated as having a principal purpose to avoid such taxes
if--
``(A) the average annual net income tax (as defined in
section 38(c)(1)) of such individual for the period of 5
taxable years ending before the date of the loss of United
States citizenship is greater than $100,000, or
``(B) the net worth of the individual as of such date is
$500,000 or more.
In the case of the loss of United States citizenship in any
calendar year after 1996, such $100,000 and $500,000 amounts
shall be increased by an amount equal to such dollar amount
multiplied by the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting `1994'
for `1992' in subparagraph (B) thereof. Any increase under
the preceding sentence shall be rounded to the nearest
multiple of $1,000.''.
(b) Exceptions.--
(1) In general.--Section 877 is amended by striking
subsection (d), by redesignating subsection (c) as subsection
(d), and by inserting after subsection (b) the following new
subsection:
``(c) Tax Avoidance Not Presumed in Certain Cases.--
``(1) In general.--Subsection (a)(2) shall not apply to an
individual if--
``(A) such individual is described in a subparagraph of
paragraph (2) of this subsection, and
``(B) within the 1-year period beginning on the date of the
loss of United States citizenship, such individual submits a
ruling request for the Secretary's determination as to
whether such loss has for 1 of its principal purposes the
avoidance of taxes under this subtitle or subtitle B.
``(2) Individuals described.--
``(A) Dual citizenship, etc.--An individual is described in
this subparagraph if--
``(i) the individual became at birth a citizen of the
United States and a citizen of another country and continues
to be a citizen of such other country, or
``(ii) the individual becomes (not later than the close of
a reasonable period after loss of United States citizenship)
a citizen of the country in which--
``(I) such individual was born,
``(II) if such individual is married, such individual's
spouse was born, or
``(III) either of such individual's parents were born.
``(B) Long-term foreign residents.--An individual is
described in this subparagraph if, for each year in the 10-
year period ending on the date of loss of United States
citizenship, the individual was present in the United States
for 30 days or less. The rule of section 7701(b)(3)(D)(ii)
shall apply for purposes of this subparagraph.
``(C) Renunciation upon reaching age of majority.--An
individual is described in this subparagraph if the
individual's loss of United States citizenship occurs before
such individual attains age 18\1/2\.
``(D) Individuals specified in regulations.--An individual
is described in this subparagraph if the individual is
described in a category of individuals prescribed by
regulation by the Secretary.''
(2) Technical amendment.--Paragraph (1) of section 877(b)
of such Code is amended by striking ``subsection (c)'' and
inserting ``subsection (d)''.
(c) Treatment of Property Disposed of in Nonrecognition
Transactions; Treatment of Distributions From Certain
Controlled Foreign Corporations.--Subsection (d) of section
877, as redesignated by subsection (b), is amended to read as
follows:
``(d) Special Rules for Source, Etc.--For purposes of
subsection (b)--
``(1) Source rules.--The following items of gross income
shall be treated as income from sources within the United
States:
``(A) Sale of property.--Gains on the sale or exchange of
property (other than stock or debt obligations) located in
the United States.
``(B) Stock or debt obligations.--Gains on the sale or
exchange of stock issued by a domestic corporation or debt
obligations of United States persons or of the United States,
a State or political subdivision thereof, or the District of
Columbia.
``(C) Income or gain derived from controlled foreign
corporation.--Any income or gain derived from stock in a
foreign corporation but only--
``(i) if the individual losing United States citizenship
owned (within the meaning of section 958(a)), or is
considered as owning (by applying the ownership rules of
section 958(b)), at any time during the 2-year period ending
on the date of the loss of United States citizenship, more
than 50 percent of--
``(I) the total combined voting power of all classes of
stock entitled to vote of such corporation, or
``(II) the total value of the stock of such corporation,
and
``(ii) to the extent such income or gain does not exceed
the earnings and profits attributable to such stock which
were earned or accumulated before the loss of citizenship and
during periods that the ownership requirements of clause (i)
are met.
``(2) Gain recognition on certain exchanges.--
``(A) In general.--In the case of any exchange of property
to which this paragraph applies, notwithstanding any other
provision of this title, such property shall be treated as
sold for its fair market value on the date of such exchange,
and any gain shall be recognized for the taxable year which
includes such date.
``(B) Exchanges to which paragraph applies.--This paragraph
shall apply to any exchange during the 10-year period
described in subsection (a) if--
``(i) gain would not (but for this paragraph) be recognized
on such exchange in whole or in part for purposes of this
subtitle,
``(ii) income derived from such property was from sources
within the United States (or, if no income was so derived,
would have been from such sources), and
``(iii) income derived from the property acquired in the
exchange would be from sources outside the United States.
``(C) Exception.--Subparagraph (A) shall not apply if the
individual enters into an agreement with the Secretary which
specifies that any income or gain derived from the property
acquired in the exchange (or any other property which has a
basis determined in whole or part by reference to such
property) during such 10-year period shall be treated as from
sources within the United States. If the property transferred
in the exchange is disposed of by the person acquiring such
property, such agreement shall terminate and any gain which
was not recognized by reason of such agreement shall be
recognized as of the date of such disposition.
``(D) Secretary may extend period.--To the extent provided
in regulations prescribed by the Secretary, subparagraph (B)
shall be applied by substituting the 15-year period beginning
5 years before the loss of United
[[Page 1903]]
States citizenship for the 10-year period referred to
therein.
``(E) Secretary may require recognition of gain in certain
cases.--To the extent provided in regulations prescribed by
the Secretary--
``(i) the removal of appreciated tangible personal property
from the United States, and
``(ii) any other occurrence which (without recognition of
gain) results in a change in the source of the income or gain
from property from sources within the United States to
sources outside the United States,
shall be treated as an exchange to which this paragraph
applies.
``(3) Substantial diminishing of risks of ownership.--For
purposes of determining whether this section applies to any
gain on the sale or exchange of any property, the running of
the 10-year period described in subsection (a) shall be
suspended for any period during which the individual's risk
of loss with respect to the property is substantially
diminished by--
``(A) the holding of a put with respect to such property
(or similar property),
``(B) the holding by another person of a right to acquire
the property, or
``(C) a short sale or any other transaction.
``(4) Treatment of property contributed to controlled
foreign corporations.--
``(A) In general.--If--
``(i) an individual losing United States citizenship
contributes property to any corporation which, at the time of
the contribution, is described in subparagraph (B), and
``(ii) income derived from such property was from sources
within the United States (or, if no income was so derived,
would have been from such sources),
during the 10-year period referred to in subsection (a), any
income or gain on such property (or any other property which
has a basis determined in whole or part by reference to such
property) received or accrued by the corporation shall be
treated as received or accrued directly by such individual
and not by such corporation. The preceding sentence shall not
apply to the extent the property has been treated under
subparagraph (C) as having been sold by such corporation.
``(B) Corporation described.--A corporation is described in
this subparagraph with respect to an individual if, were such
individual a United States citizen--
``(i) such corporation would be a controlled foreign
corporation (as defined in 957), and
``(ii) such individual would be a United States shareholder
(as defined in section 951(b)) with respect to such
corporation.
``(C) Disposition of stock in corporation.--If stock in the
corporation referred to in subparagraph (A) (or any other
stock which has a basis determined in whole or part by
reference to such stock) is disposed of during the 10-year
period referred to in subsection (a) and while the property
referred to in subparagraph (A) is held by such corporation,
a pro rata share of such property (determined on the basis of
the value of such stock) shall be treated as sold by the
corporation immediately before such disposition.
``(D) Anti-abuse rules.--The Secretary shall prescribe such
regulations as may be necessary to prevent the avoidance of
the purposes of this paragraph, including where--
``(i) the property is sold to the corporation, and
``(ii) the property taken into account under subparagraph
(A) is sold by the corporation.
``(E) Information reporting.--The Secretary shall require
such information reporting as is necessary to carry out the
purposes of this paragraph.''
(d) Credit for Foreign Taxes Imposed on United States
Source Income.--
(1) Subsection (b) of section 877 is amended by adding at
the end the following new sentence: ``The tax imposed solely
by reason of this section shall be reduced (but not below
zero) by the amount of any income, war profits, and excess
profits taxes (within the meaning of section 903) paid to any
foreign country or possession of the United States on any
income of the taxpayer on which tax is imposed solely by
reason of this section.''
(2) Subsection (a) of section 877, as amended by subsection
(a), is amended by inserting ``(after any reduction in such
tax under the last sentence of such subsection)'' after
``such subsection''.
(e) Comparable Estate and Gift Tax Treatment.--
(1) Estate tax.--
(A) In general.--Subsection (a) of section 2107 is amended
to read as follows:
``(a) Treatment of Expatriates.--
``(1) Rate of tax.--A tax computed in accordance with the
table contained in section 2001 is hereby imposed on the
transfer of the taxable estate, determined as provided in
section 2106, of every decedent nonresident not a citizen of
the United States if, within the 10-year period ending with
the date of death, such decedent lost United States
citizenship, unless such loss did not have for 1 of its
principal purposes the avoidance of taxes under this subtitle
or subtitle A.
``(2) Certain individuals treated as having tax avoidance
purpose.--
``(A) In general.--For purposes of paragraph (1), an
individual shall be treated as having a principal purpose to
avoid such taxes if such individual is so treated under
section 877(a)(2).
``(B) Exception.--Subparagraph (A) shall not apply to a
decedent meeting the requirements of section 877(c)(1).''.
(B) Credit for foreign death taxes.--Subsection (c) of
section 2107 is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Credit for foreign death taxes.--
``(A) In general.--The tax imposed by subsection (a) shall
be credited with the amount of any estate, inheritance,
legacy, or succession taxes actually paid to any foreign
country in respect of any property which is included in the
gross estate solely by reason of subsection (b).
``(B) Limitation on credit.--The credit allowed by
subparagraph (A) for such taxes paid to a foreign country
shall not exceed the lesser of--
``(i) the amount which bears the same ratio to the amount
of such taxes actually paid to such foreign country in
respect of property included in the gross estate as the value
of the property included in the gross estate solely by reason
of subsection (b) bears to the value of all property
subjected to such taxes by such foreign country, or
``(ii) such property's proportionate share of the excess
of--
``(I) the tax imposed by subsection (a), over
``(II) the tax which would be imposed by section 2101 but
for this section.
``(C) Proportionate share.--For purposes of subparagraph
(B), a property's proportionate share is the percentage of
the value of the property which is included in the gross
estate solely by reason of subsection (b) bears to the total
value of the gross estate.''.
(C) Expansion of inclusion in gross estate of stock of
foreign corporations.--Paragraph (2) of section 2107(b) is
amended by striking ``more than 50 percent of'' and all that
follows and inserting ``more than 50 percent of--
``(A) the total combined voting power of all classes of
stock entitled to vote of such corporation, or
``(B) the total value of the stock of such corporation,''.
(2) Gift tax.--
(A) In general.--Paragraph (3) of section 2501(a) is
amended to read as follows:
``(3) Exception.--
``(A) Certain individuals.--Paragraph (2) shall not apply
in the case of a donor who, within the 10-year period ending
with the date of transfer, lost United States citizenship,
unless such loss did not have for 1 of its principal purposes
the avoidance of taxes under this subtitle or subtitle A.
``(B) Certain individuals treated as having tax avoidance
purpose.--For purposes of subparagraph (A), an individual
shall be treated as having a principal purpose to avoid such
taxes if such individual is so treated under section
877(a)(2).
``(C) Exception for certain individuals.--Subparagraph (B)
shall not apply to a decedent meeting the requirements of
section 877(c)(1).
``(D) Credit for foreign gift taxes.--The tax imposed by
this section solely by reason of this paragraph shall be
credited with the amount of any gift tax actually paid to any
foreign country in respect of any gift which is taxable under
this section solely by reason of this paragraph.''.
(f) Comparable Treatment of Lawful Permanent Residents Who
Cease To Be Taxed as Residents.--
(1) In general.--Section 877 is amended by redesignating
subsection (e) as subsection (f) and by inserting after
subsection (d) the following new subsection:
``(e) Comparable Treatment of Lawful Permanent Residents
Who Cease To Be Taxed as Residents.--
``(1) In general.--Any long-term resident of the United
States who--
``(A) ceases to be a lawful permanent resident of the
United States (within the meaning of section 7701(b)(6)), or
``(B) commences to be treated as a resident of a foreign
country under the provisions of a tax treaty between the
United States and the foreign country and who does not waive
the benefits of such treaty applicable to residents of the
foreign country,
shall be treated for purposes of this section and sections
2107, 2501, and 6039F in the same manner as if such resident
were a citizen of the United States who lost United States
citizenship on the date of such cessation or commencement.
``(2) Long-term resident.--For purposes of this subsection,
the term `long-term resident' means any individual (other
than a citizen of the United States) who is a lawful
permanent resident of the United States in at least 8 taxable
years during the period of 15 taxable years ending with the
taxable year during which the event described in subparagraph
(A) or (B) of paragraph (1) occurs. For purposes of the
preceding sentence, an individual shall not be treated as a
lawful permanent resident for any taxable year if such
individual is treated as a resident of a foreign country for
the taxable year under the provisions of a tax treaty between
the United States and the foreign country and does not waive
the benefits of such treaty applicable to residents of the
foreign country.
``(3) Special rules.--
``(A) Exceptions not to apply.--Subsection (c) shall not
apply to an individual who is treated as provided in
paragraph (1).
``(B) Step-up in basis.--Solely for purposes of determining
any tax imposed by reason of this subsection, property which
was held by the long-term resident on the date the individual
first became a resident of the United States shall be treated
as having a basis on such date of not less than the fair
market value of such property on such date. The pre
[[Page 1904]]
ceding sentence shall not apply if the individual elects not
to have such sentence apply. Such an election, once made,
shall be irrevocable.
``(4) Authority to exempt individuals.--This subsection
shall not apply to an individual who is described in a
category of individuals prescribed by regulation by the
Secretary.
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out this
subsection, including regulations providing for the
application of this subsection in cases where an alien
individual becomes a resident of the United States during the
10-year period after being treated as provided in paragraph
(1).''.
(2) Conforming amendments.--
(A) Section 2107 is amended by striking subsection (d), by
redesignating subsection (e) as subsection (d), and by
inserting after subsection (d) (as so redesignated) the
following new subsection:
``(e) Cross Reference.--
``For comparable treatment of long-term lawful permanent residents
who ceased to be taxed as residents, see section 877(e).''.
(B) Paragraph (3) of section 2501(a) (as amended by
subsection (e)) is amended by adding at the end the following
new subparagraph:
``(E) Cross reference.--
``For comparable treatment of long-term lawful permanent residents
who ceased to be taxed as residents, see section 877(e).''.
(g) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) individuals losing United States citizenship (within
the meaning of section 877 of the Internal Revenue Code of
1986) on or after February 6, 1995, and
(B) long-term residents of the United States with respect
to whom an event described in subparagraph (A) or (B) of
section 877(e)(1) of such Code occurs on or after February 6,
1995.
(2) Ruling requests.--In no event shall the 1-year period
referred to in section 877(c)(1)(B) of such Code, as amended
by this section, expire before the date which is 90 days
after the date of the enactment of this Act.
(3) Special rule.--
(A) In general.--In the case of an individual who performed
an act of expatriation specified in paragraph (1), (2), (3),
or (4) of section 349(a) of the Immigration and Nationality
Act (8 U.S.C. 1481(a)(1)-(4)) before February 6, 1995, but
who did not, on or before such date, furnish to the United
States Department of State a signed statement of voluntary
relinquishment of United States nationality confirming the
performance of such act, the amendments made by this section
and section 512 shall apply to such individual except that
the 10-year period described in section 877(a) of such Code
shall not expire before the end of the 10-year period
beginning on the date such statement is so furnished.
(B) Exception.--Subparagraph (A) shall not apply if the
individual establishes to the satisfaction of the Secretary
of the Treasury that such loss of United States citizenship
occurred before February 6, 1994.
SEC. 512. INFORMATION ON INDIVIDUALS LOSING UNITED STATES
CITIZENSHIP.
(a) In General.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6039E the
following new section:
``SEC. 6039F. INFORMATION ON INDIVIDUALS LOSING UNITED STATES
CITIZENSHIP.
``(a) In General.--Notwithstanding any other provision of
law, any individual who loses United States citizenship
(within the meaning of section 877(a)) shall provide a
statement which includes the information described in
subsection (b). Such statement shall be--
``(1) provided not later than the earliest date of any act
referred to in subsection (c), and
``(2) provided to the person or court referred to in
subsection (c) with respect to such act.
``(b) Information To Be Provided.--Information required
under subsection (a) shall include--
``(1) the taxpayer's TIN,
``(2) the mailing address of such individual's principal
foreign residence,
``(3) the foreign country in which such individual is
residing,
``(4) the foreign country of which such individual is a
citizen,
``(5) in the case of an individual having a net worth of at
least the dollar amount applicable under section
877(a)(2)(B), information detailing the assets and
liabilities of such individual, and
``(6) such other information as the Secretary may
prescribe.
``(c) Acts Described.--For purposes of this section, the
acts referred to in this subsection are--
``(1) the individual's renunciation of his United States
nationality before a diplomatic or consular officer of the
United States pursuant to paragraph (5) of section 349(a) of
the Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),
``(2) the individual's furnishing to the United States
Department of State a signed statement of voluntary
relinquishment of United States nationality confirming the
performance of an act of expatriation specified in paragraph
(1), (2), (3), or (4) of section 349(a) of the Immigration
and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
``(3) the issuance by the United States Department of State
of a certificate of loss of nationality to the individual, or
``(4) the cancellation by a court of the United States of a
naturalized citizen's certificate of naturalization.
``(d) Penalty.--Any individual failing to provide a
statement required under subsection (a) shall be subject to a
penalty for each year (of the 10-year period beginning on the
date of loss of United States citizenship) during any portion
of which such failure continues in an amount equal to the
greater of--
``(1) 5 percent of the tax required to be paid under
section 877 for the taxable year ending during such year, or
``(2) $1,000,
unless it is shown that such failure is due to reasonable
cause and not to willful neglect.
``(e) Information To Be Provided to Secretary.--
Notwithstanding any other provision of law--
``(1) any Federal agency or court which collects (or is
required to collect) the statement under subsection (a) shall
provide to the Secretary--
``(A) a copy of any such statement, and
``(B) the name (and any other identifying information) of
any individual refusing to comply with the provisions of
subsection (a),
``(2) the Secretary of State shall provide to the Secretary
a copy of each certificate as to the loss of American
nationality under section 358 of the Immigration and
Nationality Act which is approved by the Secretary of State,
and
``(3) the Federal agency primarily responsible for
administering the immigration laws shall provide to the
Secretary the name of each lawful permanent resident of the
United States (within the meaning of section 7701(b)(6))
whose status as such has been revoked or has been
administratively or judicially determined to have been
abandoned.
Notwithstanding any other provision of law, not later than 30
days after the close of each calendar quarter, the Secretary
shall publish in the Federal Register the name of each
individual losing United States citizenship (within the
meaning of section 877(a)) with respect to whom the Secretary
receives information under the preceding sentence during such
quarter.
``(f) Reporting by Long-Term Lawful Permanent Residents Who
Cease To Be Taxed as Residents.--In lieu of applying the last
sentence of subsection (a), any individual who is required to
provide a statement under this section by reason of section
877(e)(1) shall provide such statement with the return of tax
imposed by chapter 1 for the taxable year during which the
event described in such section occurs.
``(g) Exemption.--The Secretary may by regulations exempt
any class of individuals from the requirements of this
section if he determines that applying this section to such
individuals is not necessary to carry out the purposes of
this section.''.
(b) Clerical Amendment.--The table of sections for such
subpart A is amended by inserting after the item relating to
section 6039E the following new item:
``Sec. 6039F. Information on individuals losing United States
citizenship.''.
(c) Effective Date.--The amendments made by this section
shall apply to--
(1) individuals losing United States citizenship (within
the meaning of section 877 of the Internal Revenue Code of
1986) on or after February 6, 1995, and
(2) long-term residents of the United States with respect
to whom an event described in subparagraph (A) or (B) of
section 877(e)(1) of such Code occurs on or after such date.
In no event shall any statement required by such amendments
be due before the 90th day after the date of the enactment of
this Act.
SEC. 513. REPORT ON TAX COMPLIANCE BY UNITED STATES CITIZENS
AND RESIDENTS LIVING ABROAD.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Treasury shall prepare and
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report--
(1) describing the compliance with subtitle A of the
Internal Revenue Code of 1986 by citizens and lawful
permanent residents of the United States (within the meaning
of section 7701(b)(6) of such Code) residing outside the
United States, and
(2) recommending measures to improve such compliance
(including improved coordination between executive branch
agencies).
Subtitle C--Repeal of Financial Institution Transition Rule to Interest
Allocation Rules
SEC. 521. REPEAL OF FINANCIAL INSTITUTION TRANSITION RULE TO
INTEREST ALLOCATION RULES.
(a) In General.--Paragraph (5) of section 1215(c) of the
Tax Reform Act of 1986 (Public Law 99-514, 100 Stat. 2548) is
hereby repealed.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 1995.
(2) Special rule.--In the case of the first taxable year
beginning after December 31, 1995, the pre-effective date
portion of the interest expense of the corporation referred
to in such paragraph (5) of such section 1215(c) for such
taxable year shall be allocated and apportioned without
regard to such amendment. For purposes of the preceding
sentence, the pre-effective date portion is the amount which
bears the same ratio to the interest expense for such taxable
year as the number of days during such taxable year before
the date of the enactment of this Act bears to 366.
And the Senate agree to the same.
[[Page 1905]]
Bill Archer,
Bill Thomas,
Tom Bliley,
Michael Bilirakis,
William F. Goodling,
H.W. Fawell,
Henry Hyde,
Bill McCollum,
J. Dennis Hastert,
Managers on the Part of the House.
Bill Roth,
Nancy Landon Kassebaum,
Trent Lott,
Ted Kennedy,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. STARK moved to recommit the conference report on H.R. 3103 to the
committee of conference with instructions to the managers on the part of
the House to do everything possible, within the scope of the conference
(1) to modify section 305 of the Senate amendment relating to mental
health insurance parity so as to improve mental health care insurance
while minimizing any impact on the cost or availability of health
insurance plans, and (2) to produce a conference report which confines
itself to the differences between the bill as passed by the House and
passed by the Senate.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. NEY, announced that the nays had it.
Mr. STARK objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
198
When there appeared
<3-line {>
Nays
228
para.99.33 [Roll No. 392]
YEAS--198
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Blute
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Cunningham
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gillmor
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (FL)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
Stockman
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NAYS--228
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Boehlert
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Davis
Deal
DeLay
Diaz-Balart
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--7
Brownback
Dickey
Ford
Lincoln
McDade
Wilson
Young (FL)
So the motion to recommit the conference report to the committee of
conference was not agreed to.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. NEY, announced that pursuant to House
Resolution 492 the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
421
<3-line {>
affirmative
Nays
2
para.99.34 [Roll No. 393]
YEAS--421
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
[[Page 1906]]
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--2
Stark
Williams
NOT VOTING--10
Bateman
Brownback
Diaz-Balart
Dickey
Ford
Graham
Lincoln
McDade
Wilson
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.99.35 order of business--consideration of conference reports
accompanying h.r. 3517 and h.r. 3845
On motion of Mrs. VUCANOVICH, by unanimous consent,
Ordered, That it may be in order at any time to consider conference
reports to accompany the bill (H.R. 3517) making appropriations for
military construction, family housing, and base realignment and closure
for the Department of Defense for fiscal year ending September 30, 1997,
and for other purposes, and the bill (H.R. 3845) making appropriations
for the government of the District of Columbia and other activities
chargeable in whole or in part against revenues of said District for the
fiscal year ending September 30, 1997, and for other purposes; that all
points of order against both conference reports and against their
consideration be waived; and that both conference reports be considered
as read when called up.
para.99.36 military construction appropriations
Mrs. VUCANOVICH, pursuant to the foregoing order of the House, called
up the following conference report (Rept. No. 104-721):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3517) ``making appropriations for military construction,
family housing, and base realignment and closure for the
Department of Defense for the fiscal year ending September
30, 1997, and for other purposes,'' having met, after full
and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 15, 19,
35, 37, and 38.
That the House recede from its disagreement to the
amendments of the Senate numbered 1, 4, 7, 8, 9, 12, 13, 16,
24, 26, 29, and 36, and agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$565,688,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$50,538,000; and the Senate agree to the same.
Amendment numbered 5:
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$707,094,000; and the Senate agree to the same.
Amendment numbered 6:
That the House recede from its disagreement to the
amendment of the Senate numbered 6, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$49,927,000; and the Senate agree to the same.
Amendment numbered 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$754,064,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$50,687,000; and the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$763,922,000; and the Senate agree to the same.
Amendment numbered 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
DEPARTMENT OF DEFENSE MILITARY
UNACCOMPANIED HOUSING IMPROVEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $5,000,000, to remain available
until expended: Provided, That subject to thirty days prior
notification to the Committees on Appropriations, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to the Fund from amounts
appropriated for the acquisition or construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be made available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided further, That
appropriations made available for the Fund in this Act shall
be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans and
loan guarantees issued by the Department of Defense pursuant
to the provisions of subchapter IV of chapter 169 of title
10, United States Code, pertaining to alternative means of
acquiring and improving military unaccompanied housing and
ancillary supporting facilities.
And the Senate agree to the same.
Amendment numbered 18:
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$78,086,000; and the Senate agree to the same.
Amendment numbered 20:
That the House recede from its disagreement to the
amendment of the Senate numbered 20, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$189,855,000; and the Senate agree to the same.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$55,543,000; and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate num
[[Page 1907]]
bered 22, and agree to the same with an amendment, as
follows:
In lieu of the sum proposed by said amendment insert:
$37,579,000; and the Senate agree to the same.
Amendment numbered 23:
That the House recede from its disagreement to the
amendment of the Senate numbered 23, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$52,805,000; and the Senate agree to the same.
Amendment numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$158,503,000; and the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,370,969,000; and the Senate agree to the same.
Amendment numbered 28:
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$499,886,000; and the Senate agree to the same.
Amendment numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,514,127,000; and the Senate agree to the same.
Amendment numbered 31:
That the House recede from its disagreement to the
amendment of the Senate numbered 31, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$317,507,000; and the Senate agree to the same.
Amendment numbered 32:
That the House recede from its disagreement to the
amendment of the Senate numbered 32, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$816,509,000; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,134,016,000; and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$25,000,000 ; and the Senate agree to the same.
Amendment numbered 39:
That the House recede from its disagreement to the
amendment of the Senate numbered 39, and agree to the same
with an amendment, as follows:
In lieu of the section number proposed by said amendment,
insert: 123 ; and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
Sec. 124. It is the sense of the Congress that the
Secretary of the Army should name buildings numbered 5308 and
5309 at Redstone Arsenal, Alabama, as the Howell Heflin
Complex.
And on page 19, line 12 of the House engrossed bill, H.R.
3517, strike ``Sec. 123.'' and insert ``Sec. 125.'' ; and the
Senate agree to the same.
Barbara F. Vucanovich,
Sonny Callahan,
John T. Myers,
John Edward Porter,
David L. Hobson,
Roger F. Wicker,
Bob Livingston,
W.G. (Bill) Hefner,
Thomas M. Foglietta,
Esteban Edward Torres,
Norman D. Dicks,
David R. Obey,
Managers on the Part of the House.
Conrad Burns,
Ted Stevens,
Judd Gregg,
Ben Nighthorse Campbell,
Mark O. Hatfield,
Harry Reid,
Daniel K. Inouye,
Herb Kohl
Robert Byrd,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that pursuant to
clause 7 of rule XV the yeas and nays are ordered.
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced that further proceedings on agreeing to the conference report
were postponed.
para.99.37 d.c. appropriations
Mr. WALSH, pursuant to the foregoing order of the House, called up the
following conference report (Rept. No. 104-740):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3845) ``making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1997, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its amendments numbered 3, 4,
5, 6, and 7.
That the House recede from its disagreement to the
amendments of the Senate numbered 9, 12, and 13, and agree to
the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken by said amendment, insert
the following: That funds expended for the Office of the
Mayor are not to exceed $2,109,000, of which $632,000 is from
intra-District funds: Provided further, That $327,000 of the
funds for the Office of the Mayor shall be transferred to the
Department of Administrative Services as reimbursement for
occupancy costs, including costs for telephone, electricity
and other services: Provided further,; and the Senate agree
to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment, and on page
3, after line 4 of the House engrossed bill, H.R. 3845,
insert the following:
FEDERAL CONTRIBUTION FOR REPAIR OF DRINKING WATER SYSTEM
For a Federal contribution to the District of Columbia
Financial Responsibility and Management Assistance Authority
for contracting with a private entity (or entities) to carry
out a program to inspect, flush, and repair the drinking
water distribution system of the District of Columbia,
$1,000,000.
, and
on page 4, line 13 of the House engrossed bill, H.R. 3845,
strike all after ``funds)'' down through and including
``Columbia'' on page 5, line 11.
And the Senate agree to the same.
Amendment number 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
Retain the matter proposed in said amendment, and
on page 31, line 5 of the House engrossed bill, H.R. 3845,
strike ``, prior to October 1, 1996,''.
And the Senate agree to the same.
Amendment number 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
Delete the matter proposed and restore the matter stricken
amended as follows:
In lieu of the first sum named in the matter restored
insert: $74,000,000; and the Senate agree to the same.
Amendment number 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
Delete the matter proposed and restore the matter stricken
amended as follows:
In lieu of subsection (a) in the matter restored insert:
(a) The heads of all personnel of the offices, together
with all other District of Columbia accounting, budget, and
financial management personnel (including personnel of
independent agencies but not including personnel of the
legislative and judicial branches of the District
government), shall be appointed by, shall serve at the
pleasure of, and shall act under the direction and control of
the Chief Financial Officer:
The Office of the Treasurer.
The Controller of the District of Columbia.
The Office of the Budget.
The Office of Financial Information Services.
The Department of Finance and Revenue.
The District of Columbia Financial Responsibility and
Management Assistance Authority established pursuant to
Public Law 104-8, approved April 17, 1995, may remove such
individuals from office for cause, after consultation with
the Mayor and the Chief Financial Officer.
And the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert
the following:
SEC. 149. ENERGY AND WATER SAVINGS AT DISTRICT OF COLUMBIA
FACILITIES.
(a) Reduction in Facility Energy Costs and Water
Consumption.--
[[Page 1908]]
In general.--The Director of the District of Columbia
Office of Energy shall, subject to the contract approval
provisions of Public Law 104-8--
(A) develop a comprehensive plan to identify and accomplish
energy conservation measures to achieve maximum cost-
effective energy and water savings;
(B) enter into innovative financing and contractual
mechanisms including, but not limited to utility demand-side
management programs and energy savings performance contracts
and water conservation performance contracts: Provided, That
the terms of such contracts do not exceed twenty-five years;
and
(C) permit and encourage each department or agency and
other instrumentality of the District of Columbia to
participate in programs conducted by any gas, electric or
water utility of the management of electricity or gas demand
or for energy or water conservation.
reduction in minimum number of members of the board of trustees of
American university
Sec. 150. The first section of the Act entitled ``an Act to
incorporate the American University'', approved February 24,
1893 (27 Stat. 476), is amended by striking ``forty'' and
inserting ``twenty-five''.
Waiver of Congressional Review for Certain Council Acts
Sec. 151. Notwithstanding section 602(c)(1) of the District
of Columbia Self-Government and Governmental Reorganization
Act, each of the following District of Columbia acts shall
take effect on the date of the enactment of this act:
(1) The District of Columbia Real Property Tax Lien
Assignment or Sale and Transfer Amendment Act of 1996 (D.C.
Act 11-353).
(2) The Telecommunications Competition Act of 1996 (D.C.
Act 11-300).
(3) The Mortgage Lenders and Brokers Act of 1996 (D.C. Act
11-309).
And the Senate agree to the same.
James T. Walsh,
Henry Bonilla,
Jack Kingston,
R.P. Frelinghuysen,
Mark W. Neumann,
Mike Parker,
Bob Livingston,
Julian C. Dixon,
Jose E. Serrano,
Marcy Kaptur,
David R. Obey,
Managers on the Part of the House.
James M. Jeffords,
Ben Nighthorse Campbell,
Mark O. Hatfield,
Herb Kohl
(Except amendments No. 6 and No. 7)
Daniel K. Inouye,
(Except amendments No. 6 and No. 7),
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that pursuant to
clause 7 of rule XV the yeas and nays are ordered.
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced that further proceedings on agreeing to the conference report
were postponed.
para.99.38 unfinished business--military construction appropriations
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
conference report on the bill (H.R. 3517) making appropriations for
military construction, family housing, and base realignment and closure
for the Department of Defense for fiscal year ending September 30, 1997,
and for other purposes.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
396
<3-line {>
affirmative
Nays
26
para.99.39 [Roll No. 394]
YEAS--396
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Young (AK)
Zeliff
Zimmer
NAYS--26
Barrett (WI)
Brown (OH)
Bryant (TX)
Campbell
Collins (IL)
Collins (MI)
Conyers
Cooley
Frank (MA)
Gutierrez
Johnston
Kleczka
Klug
Lewis (GA)
Lofgren
Markey
Nadler
Owens
Roemer
Royce
Sensenbrenner
Stark
Upton
Waters
Weller
Yates
NOT VOTING--11
Brownback
Chapman
Dickey
Ford
Gunderson
Hilliard
Lincoln
McDade
Studds
Wilson
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.99.40 unfinished business--d.c. appropriations
The SPEAKER pro tempore, Mr. HAYWORTH, pursuant to clause 5, rule
[[Page 1909]]
I, announced the further unfinished business to be the question on
agreeing to the conference report on the bill (H.R. 3845) making
appropriations for the government of the District of Columbia and other
activities chargeable in whole or in part against revenues of said
District for the fiscal year ending September 30, 1997, and for other
purposes.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. HAYWORTH, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
330
<3-line {>
affirmative
Nays
91
para.99.41 [Roll No. 395]
YEAS--330
Abercrombie
Ackerman
Armey
Bachus
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Calvert
Camp
Canady
Cardin
Castle
Chabot
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Cox
Coyne
Crane
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Doyle
Dreier
Dunn
Durbin
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Heineman
Herger
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (FL)
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Scott
Seastrand
Serrano
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stokes
Stupak
Tanner
Tate
Tauzin
Tejeda
Thomas
Thompson
Thurman
Torres
Towns
Traficant
Velazquez
Vento
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NAYS--91
Allard
Andrews
Archer
Baesler
Baker (CA)
Barcia
Barr
Barton
Brewster
Browder
Burton
Buyer
Callahan
Campbell
Chambliss
Chenoweth
Coble
Collins (GA)
Combest
Condit
Cooley
Cramer
Crapo
DeFazio
Dellums
Doggett
Duncan
Everett
Fowler
Frank (MA)
Frelinghuysen
Gillmor
Gilman
Goss
Hall (TX)
Hamilton
Hancock
Hefley
Hefner
Hilleary
Hoekstra
Inglis
Klug
LaHood
Laughlin
Lazio
Leach
Lofgren
McInnis
Meyers
Mica
Miller (CA)
Moorhead
Nadler
Owens
Pelosi
Peterson (MN)
Petri
Pickett
Ramstad
Roberts
Roemer
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Schroeder
Schumer
Sensenbrenner
Shadegg
Shays
Solomon
Stearns
Stenholm
Stockman
Stump
Talent
Taylor (MS)
Taylor (NC)
Thornberry
Thornton
Tiahrt
Torkildsen
Torricelli
Upton
Volkmer
Weller
Williams
Zimmer
NOT VOTING--12
Brownback
Chapman
Dickey
Edwards
Ford
Gekas
Gunderson
Lincoln
McDade
Studds
Wilson
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.99.42 order of business--printing
On motion of Mr. RANGEL, by unanimous consent,
Ordered, That, subject to the approval of the Joint Committee on
Printing, the portion of the Congressional Record for July 25, 1996,
where Members were allowed to pay tribute to our colleague, the late
Honorable Hamilton Fish, be leather bound for distribution to the
Members and to the family of Mr. Fish, and that former Members be given
notice and opportunity to insert their tributes into the leather bound
volume.
para.99.43 order of business--suspension of the rules
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That, notwithstanding the provisions of clause 1 of rule
XXVII, it may be in order on Wednesday, September 4, 1996, for the
Speaker to recognize Members for motions to suspend the rules.
para.99.44 submission of conference report--s. 1316
Mr. BLILEY submitted a conference report (Rept. No. 104-741) on the
bill of the Senate (S. 1316) to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe Drinking Water
Act''), and for other purposes; together with a statement thereon, for
printing in the Record under the rule.
para.99.45 waiving points of order against the conference report to
accompany h.r. 3230
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 498):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3230) to authorize appropriations for fiscal year
1997 for military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal year 1997,
and for other purposes. All points of order against the
conference report and against its consideration are waived.
The conference report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.99.46 dod appropriations
Mr. SPENCE, pursuant to House Resolution 498, called up the following
conference report (Rept. No. 104-724):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3230) to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, for
military construction, and for defense activities of the
Department of Energy, to prescribe personnel strengths for
such fiscal year for the Armed Forces, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate to the text of the bill and agree to
the same with an amendment as follows:
[[Page 1910]]
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1997''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior
helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
Subtitle D--Air Force Programs
Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17
aircraft program.
Subtitle E--Other Matters
Sec. 141. Assessments of modernization priorities of the reserve
components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance
system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber
Optic Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare
defense technology.
Sec. 229. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or chemical
weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal
year 1997.
Sec. 242. Certification of capability of United States to defend
against single ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense
program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment
of establishment of National Missile Defense Joint
Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D--Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research
Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures
for the award of certain contracts to colleges and
universities.
Sec. 266. Pilot program for transfer of defense technology information
to private industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic
games.
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E--National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism
activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and
services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C--Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on
contractor reimbursement costs for response actions.
Sec. 322.Establishment of separate environmental restoration accounts
for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for defense
environmental restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air
emissions during shipyard blasting and coating
operations.
Sec. 327. Agreements for services of other agencies in support of
environmental technology certification.
Sec. 328. Repeal of redundant notification and consultation
requirements regarding remedial investigations and
feasibility studies at certain installations to be closed
under the base closure laws.
Sec. 329. Authority for agreements with Indian tribes for services
under environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before
completion of required response actions.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and
services to promote efficient operation and management of
exchanges and morale, welfare, and recreation activities.
[[Page 1911]]
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and duplication services.
Sec. 352. Reporting requirements under demonstration project for
purchase of fire, security, police, public works, and
utility services from local government agencies.
Subtitle F--Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting
functions.
Sec. 362. Training of members of the uniformed services at non-
government facilities.
Sec. 363. Requirement for preparation of plan for improved operation of
working-capital funds and effect of failure to produce an
approved plan.
Sec. 364. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the
President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in
National Capital Region.
Sec. 370. Administration of midshipmen's store and other naval academy
support activities as nonappropriated fund
instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the Defense
Language Institute.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting
Service Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services
at Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel and
navy grades of lieutenant commander, commander, and
captain.
Sec. 404. Extension of requirement for recommendations regarding
appointments to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and assistant chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. Time for award of degrees by unaccredited educational
institutions for graduates to be considered educationally
qualified for appointment as Reserve officers in grade O-
3.
Sec. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning
improvements to Department of Defense joint manpower
process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of
members of National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable toward reserve retirement.
Sec. 532. Retirement of reserve enlisted members who qualify for active
duty retirement after administrative reduction in
enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights
for mobilized reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
Sec. 554. Demonstration project for instruction and support of Army
ROTC units by members of the Army Reserve and National
Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training Corps
and the service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC)
participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy
graduates to be assigned directly to Reserve duty upon
graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a reserve judge advocate to act
as a military notary public when not in a duty status.
Sec. 574. Panel on jurisdiction of courts-martial for the National
Guard when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian personnel to obtain employment as teachers or
teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical examination.
Sec. 578. Revisions to missing persons authorities.
[[Page 1912]]
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service
academies.
Sec. 582. Exception to strength limitations for Public Health Service
officers assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health
Service officers.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not
to occupy Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service
and National Oceanic and Atmospheric Administration
officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed in connection with leave
between consecutive overseas tours.
Sec. 624. Funding for transportation of household effects of Public
Health Service officers.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment
for fiscal year 1998.
Sec. 632. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are
absent from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay cost-
of-living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes
from certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard
technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who
did not previously receive compensation as a prisoner of
war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of
military retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical
munitions while serving as members of the Armed Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services
health care delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical
trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial
Assistance program and Uniformed Services University of
the Health Sciences.
Sec. 742. External peer review for defense health program extramural
medical research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial Assistance
program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for
inspection, maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in
contracts under major defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
[[Page 1913]]
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and dependency of base on supplies available only from
foreign countries.
Sec. 830. Expansion of report on implementation of automated
information systems to include additional matters
regarding information resources management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the
unified combatant commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the Uniformed Services University of the Health
Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
Sec. 1011. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress concerning USS LCS 102 (LSSL 102).
Subtitle C--Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1032. Availability of funds for certain drug interdiction and
counter-drug activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care
programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. Authority to award to civilian participants in the defense
of Pearl Harbor the Congressional Medal previously
authorized only for military participants in the defense
of Pearl Harbor.
Sec. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of
the Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on members of
the uniformed services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for certain savings institutions serving
military personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and reserve general and flag officer
authorizations.
Sec. 1214. Guard and reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
reserve ability to respond to emergencies.
[[Page 1914]]
Sec. 1232. Report to Congress concerning tax incentives for employers
of members of reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from reserve service during contingency
operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear
proliferation activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical
weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or
transportation of nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Miscellaneous Matters Relating to Personnel Management,
Pay, and Allowances
Sec. 1601. Modification of requirement for conversion of military
positions to civilian positions.
Sec. 1602. Retention of civilian employee positions at military
training bases transferred to National Guard.
Sec. 1603. Clarification of applicability of certain management
constraints on major range and test facility base
structure.
Sec. 1604. Travel expenses and health care for civilian employees of
the Department of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for
certain former nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of
Department of Defense to participate voluntarily in
reductions in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused
upon transfer of employee from installation being closed
or realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation
Incentive pay by former Department of Defense employees
reemployed by the Government without pay.
Sec. 1613. Simplification of rules relating to the observance of
certain holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor
employees due to privatization at closed military
installations.
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
TITLE XVII--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A--Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle
within the continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an
employee who is performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
[[Page 1915]]
Sec. 1718. Revision and reenactment of additional provisions relating
to relocation expenses.
Subtitle B--Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification
requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
TITLE XVIII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
Sec. 2407. Reduction in amounts authorized to be appropriated for
fiscal year 1996 Defense Agencies military construction,
land acquisition, and military family housing functions.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization and funding for construction and improvement
of Naval Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International
Airport, Maine.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2705. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for unspecified minor
construction projects.
Sec. 2802. Redesignation of North Atlantic Treaty Organization
Infrastructure program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and
administration of contracts for family housing and
unaccompanied housing.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunition Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes,
Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve
Center, Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2837. Lease to facilitate construction of reserve center, Naval
Air Station, Meridian, Mississippi.
Part III--Air Force Conveyances
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned
chimpanzees, Holloman Air Force Base, New Mexico.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Subtitle D--Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military
installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown Air
Reserve Station, Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical Center,
Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O'Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of
the Health Sciences.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reservation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
[[Page 1916]]
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling
facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and
development purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with
People's Republic of China.
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3140. Management structure for nuclear weapons production
facilities and nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste
at the defense waste processing facility, Savannah River
Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear
facilities.
Sec. 3144. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing
plans.
Sec. 3152. Amendments relating to baseline environmental management
reports.
Sec. 3153. Requirement to develop future use plans for environmental
management program.
Sec. 3154. Report on Department of Energy liability at Department
superfund sites.
Sec. 3155. Requirement for annual five-year budget for the national
security programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons
laboratories and nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense
environmental restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons
expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of
remaining nuclear forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to
Department of Energy nuclear weapons complex.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Sense of Congress on commencement of emplacement of
transuranic waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous
payments.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application
of Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
[[Page 1917]]
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical Demilitarization Program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Repeal of limitation on procurement of Armed Kiowa Warrior
helicopters.
Sec. 112. Multiyear procurement authority for Army programs.
Sec. 113. Bradley TOW 2 Test Program sets.
Subtitle C--Navy Programs
Sec. 121. Nuclear attack submarine programs.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. EA-6B aircraft reactive jammer program.
Sec. 124. T-39N trainer aircraft for the Navy.
Sec. 125. Penguin missile program.
Subtitle D--Air Force Programs
Sec. 131. Repeal of limitation on procurement of F-15E aircraft.
Sec. 132. Modification to multiyear procurement authority for C-17
aircraft program.
Subtitle E--Other Matters
Sec. 141. Assessments of modernization priorities of the reserve
components.
Sec. 142. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 143. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement for the Army as follows:
(1) For aircraft, $1,314,015,000.
(2) For missiles, $1,031,829,000.
(3) For weapons and tracked combat vehicles,
$1,409,514,000.
(4) For ammunition, $1,003,028,000.
(5) For other procurement, $2,990,240,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1997 for procurement for the Navy as follows:
(1) For aircraft, $7,034,926,000.
(2) For weapons, including missiles and torpedoes,
$1,345,408,000.
(3) For shipbuilding and conversion, $6,193,330,000.
(4) For other procurement, $2,893,840,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1997 for procurement for the
Marine Corps in the amount of $560,148,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition
for the Navy and the Marine Corps in the amount of
$293,239,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement for the Air Force as follows:
(1) For aircraft, $6,764,420,000.
(2) For missiles, $2,525,875,000.
(3) For ammunition, $278,302,000.
(4) For other procurement, $5,814,419,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for Defense-wide procurement in the amount of
$2,008,261,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement of aircraft, vehicles,
communications equipment, and other equipment for the reserve
components of the Armed Forces as follows:
(1) For the Army National Guard, $171,000,000.
(2) For the Air National Guard, $234,000,000.
(3) For the Army Reserve, $98,000,000.
(4) For the Naval Reserve, $116,000,000.
(5) For the Air Force Reserve, $94,000,000.
(6) For the Marine Corps Reserve, $67,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for procurement for the Inspector General of the
Department of Defense in the amount of $2,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1997 the amount of $759,847,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$269,470,000.
Subtitle B--Army Programs
SEC. 111. REPEAL OF LIMITATION ON PROCUREMENT OF ARMED KIOWA
WARRIOR HELICOPTERS.
Section 133 the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1383) is repealed.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
(a) Avenger Air Defense Missile System.--Notwithstanding
the limitation in subsection (k) of section 2306b of title
10, United States Code, relating to the maximum duration of a
multiyear contract under the authority of that section, the
Secretary of the Army may extend the multiyear contract in
effect during fiscal year 1996 for the Avenger Air Defense
Missile system through fiscal year 1997 and may award such an
extension.
(b) Army Tactical Missile System.--The Secretary of the
Army may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear procurement
contract, beginning with the fiscal year 1997 program year,
for procurement of the Army Tactical Missile System (Army
TACMS).
(c) Javelin Missile System.--The Secretary of the Army may,
in accordance with section 2306b of title 10, United States
Code, enter into multiyear procurement contracts for the
procurement of the Javelin missile system.
SEC. 113. BRADLEY TOW 2 TEST PROGRAM SETS.
Of the funds authorized to be appropriated under section
101(3) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 204), $6,000,000 is
available for the procurement of Bradley TOW 2 Test Program
sets.
Subtitle C--Navy Programs
SEC. 121. NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Amounts Authorized From SCN Account.--(1) Of the amount
authorized to be appropriated by section 102(a)(3) for fiscal
year 1997--
(A) $699,071,000 is available for continued construction of
the third vessel (designated SSN-23) in the Seawolf attack
submarine class, which shall be the final vessel in that
class;
(B) $296,186,000 is available for long-lead and advance
construction and procurement of components for construction
of a submarine (previously designated by the Navy as the New
Attack Submarine) beginning in fiscal year 1998 to be built
by Electric Boat Division; and
(C) $701,000,000 is available for long-lead and advance
construction and procurement of components for construction
of a second submarine (previously designated by the Navy as
the New Attack Submarine) beginning in fiscal year 1999 to be
built by Newport News Shipbuilding.
(2) In addition to the purposes for which the amounts under
subparagraphs (B) and (C) of paragraph (1) are available,
such amounts are also available for contracts with Electric
Boat Division and Newport News Shipbuilding to carry out the
provisions of the ``Memorandum of Agreement Among the
Department of the Navy, Electric Boat Corporation (EB) and
Newport News Shipbuilding and Drydock Company (NNS)
Concerning the New Attack Submarine'', dated April 5, 1996,
relating to design data transfer, design improvements,
integrated process teams, and updated design base.
(b) Amounts Authorized From Navy RDT&E Account.--(1) Of the
amount authorized to be appropriated by section 201(2),
$487,611,000 is available for the design of the submarine
previously designated by the Navy as the New Attack
Submarine.
(2)(A) Of the amount authorized to be appropriated by
section 201(2), $60,000,000 is available for obligation under
contracts with Electric Boat Division and Newport News
Shipbuilding and other entities to address the inclusion on
future nuclear attack submarines of the core advanced
technologies that are identified by the Secretary of Defense
(in the report of the Secretary entitled ``Report on Nuclear
Attack Submarine Procurement and Submarine Technology'',
submitted to Congress on March 26, 1996) as those
technologies the maturation of which the Submarine Technology
Assessment Panel recommended be addressed in its March 15,
1996, final report to the Assistant Secretary of the Navy for
Research, Development, and Acquisition, as follows:
hydrodynamics, alternative sail designs, advanced arrays,
electric drive, external weapons, and active controls and
mounts.
(B) Of the amount available under subparagraph (A),
$20,000,000 shall be equally divided between Electric Boat
Division and Newport News Shipbuilding for the purpose of
ensuring that those shipbuilders are principal participants
in the process of addressing the inclusion of technologies
referred to in subparagraph (A) on future nuclear attack
submarines. Contracts with the shipbuilders under this
subparagraph shall provide the shipbuilders with wide
latitude to pursue submarine-wide, integrated systems
approaches to the inclusion of such technologies. The
Secretary of the Navy shall ensure that those shipbuilders
have access for such purpose (under procedures prescribed by
the Secretary) to the Navy laboratories and
[[Page 1918]]
the Office of Naval Intelligence and (in accordance with
arrangements to be made by the Secretary) to the Defense
Advanced Research Projects Agency.
(3) Of the amount authorized to be appropriated by section
201(2), $38,000,000 is available to begin funding those
Category I and Category II advanced technologies described in
Appendix C of the report of the Secretary of Defense referred
to in paragraph (2)(A). The Secretary of the Navy shall
ensure that Electric Boat Division and Newport News
Shipbuilding are also principal participants in the
technology initiatives pursued with such funds to ensure
submarine-wide, integrated systems approaches to the
inclusion of such technologies on future nuclear attack
submarines.
(4) In addition to the purposes for which the amounts under
paragraphs (1), (2), and (3) are available, such amounts are
also available for contracts with Electric Boat Division and
Newport News Shipbuilding to carry out the provisions of the
memorandum of agreement referred to in subsection (a)(2) for
research and development activities under that memorandum of
agreement.
(c) Amount From Fiscal Year 1996 Funds for National Defense
Sealift Fund.--(1) Section 132 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 210) is repealed.
(2) The amount referred to in section 132 of the National
Defense Authorization Act for Fiscal Year 1996 (as in effect
immediately before the repeal by paragraph (1)) shall be
available to the Secretary of the Navy for activities
relating only to advanced submarine technology that involve
the construction of large scale vehicles for purposes of
hydrodynamic and hydroacoustic research on developmental
designs for hulls and propulsion systems.
(d) Contracts Authorized.--(1) The Secretary of the Navy is
authorized, using funds available pursuant to subparagraphs
(B) and (C) of subsection (a)(1), to enter into contracts
with Electric Boat Division and Newport News Shipbuilding,
and suppliers of components, during fiscal year 1997 for--
(A) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(B) advance construction of such components and other
components for such submarines.
(2) The Secretary may enter into a contract or contracts
under this section with the shipbuilder of the fiscal year
1998 submarine only if the Secretary enters into a contract
or contracts under this section with the shipbuilder of the
fiscal year 1999 submarine.
(e) Limitations.--(1)(A) Of the amounts specified in
subsection (a)(1), not more than $100,000,000 may be
obligated until the Secretary of Defense certifies in writing
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives that procurement of nuclear attack submarines
described in subparagraph (B) will be under one or more
contracts that are entered into after competition between
Electric Boat Division and Newport News Shipbuilding in which
the Secretary of the Navy solicits competitive proposals and
awards the contract or contracts on the basis of price.
(B) The submarines referred to in subparagraph (A) are
nuclear attack submarines that are to be constructed
beginning--
(i) after fiscal year 1999; or
(ii) if four submarines are to be procured as provided for
in the plan required under section 131(c) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 208), after fiscal year 2001.
(2) Of the amounts specified in subsection (a)(1), not more
than $675,000,000 may be obligated until the Under Secretary
of Defense for Acquisition and Technology submits to the
congressional committees specified in paragraph (1) a report
in writing detailing the following:
(A) The Under Secretary's oversight activities to date, and
plans for the future, for the development and improvement of
the nuclear attack submarine program of the Navy as required
by section 131(b)(2)(C) of the National Defense Authorization
Act for Fiscal Year 1996 (110 Stat. 207).
(B) The implementation of, and activities conducted under,
the program required to be established by the Director of the
Defense Advanced Research Projects Agency by section 131(i)
of the National Defense Authorization Act for Fiscal Year
1996 (110 Stat. 210) for the development and demonstration of
advanced submarine technologies and a rapid prototype
acquisition strategy for both land-based and at-sea subsystem
and system demonstrations of such technologies.
(C) A description of all research, development, test, and
evaluation programs, projects, or activities within the
Department of Defense which, in the opinion of the Under
Secretary, are designed to contribute to the development and
demonstration of advanced submarine technologies leading to a
more capable, more affordable nuclear attack submarine,
specifically identifying ongoing involvement, and plans for
future involvement, in any such program, project, or activity
by either Electric Boat Division or Newport News
Shipbuilding, or by both.
(3) Of the amount specified in subsection (b)(1), not more
than $100,000,000 may be obligated or expended until the
Under Secretary of Defense (Comptroller) certifies in writing
to the congressional committees specified in paragraph (1)
that--
(A) funds specified in subsection (c)(2) have been made
available for obligation; and
(B) to the extent that funds specified in paragraphs (2)
and (3) of subsection (b) have been appropriated for the
purposes specified in such paragraphs, such funds have been
made available for obligation.
(f) Acquisition Simplification.--In furtherance of the
direction provided by subsection (d) of section 131 of the
National Defense Authorization Act for Fiscal Year 1996 (110
Stat. 209) to the Secretary of Defense regarding the
application of acquisition reform policies and procedures to
the submarine program under that section, the Secretary shall
direct the Secretary of the Navy to implement for the
submarine programs of the Navy acquisition reform initiatives
similar in intent and approach to the initiatives begun by
the Secretary of the Air Force in May 1995 and referred to as
the ``Lightning Bolt'' initiatives. The Secretary of the Navy
shall, not later than March 31, 1997, submit to the
congressional committees specified in subsection (e)(1) a
report on the results of the implementation of such
initiatives.
(g) Design Responsibility.--(1) The Secretary of the Navy
shall carry out the submarine program described in section
131 of the National Defense Authorization Act for Fiscal Year
1996 in a manner that ensures that each of the two
shipbuilders involved in the design and construction of the
four submarines described in that section be allowed to
propose to the Secretary any design improvement that the
shipbuilder considers appropriate for the submarines to be
built by that shipbuilder as part of those four submarines.
The Secretary shall ensure that both shipbuilders have full
and open access to all design data concerning the design of
the submarine previously designated by the Navy as the New
Attack Submarine.
(2) The designs proposed by the shipbuilders should proceed
from, but not be limited to, the specific advanced
technologies referred to in subsection (b)(2)(A), especially
technologies involving hydrodynamics and hydroacoustics
concepts.
(3) The Secretary shall require both shipbuilders to submit
to the Secretary an annual report on the progress of the
design work on the submarines referred to in paragraph (1)
and shall transmit each such report to the committees
specified in subsection (e)(1).
(4) The Secretary shall also submit an annual report to the
committees specified in subsection (e)(1) on the design
improvements proposed by the two shipbuilders under paragraph
(1) for incorporation on any of the four submarines and on
the degree to which design information on the base design and
design improvements has been shared between the shipbuilders.
Each annual report shall set forth each design improvement
proposed and whether that proposal was--
(A) reviewed, approved, and funded by the Navy;
(B) reviewed and approved, but not funded; or
(C) not approved, in which case the report shall include
the reasons therefor and any views of the shipyard making the
proposal.
(5) The reports referred to in paragraphs (3) and (4) shall
be submitted concurrently with the annual revisions to the
Secretary of Defense's nuclear attack submarine plan required
by section 131(e) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 209).
(h) Serial Production.--The Secretary of Defense shall
modify the plan relating to development of a program leading
to production of a more capable and less expensive submarine
than the New Attack Submarine that was submitted to Congress
pursuant to section 131(c) of the National Defense
Authorization Act for Fiscal Year 1996 in order to provide in
such plan the option for selection of a design for a next
submarine for serial production not earlier than fiscal year
2002 (rather than fiscal year 2003, as provided in paragraph
(3)(B) of such section 131(c)).
(i) References to Shipbuilders.--For purposes of this
section--
(1) the shipbuilder referred to as ``Electric Boat
Division'' is the Electric Boat Division of the General
Dynamics Corporation; and
(2) the shipbuilder referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and Drydock
Company.
(j) Submarines Defined by Reference to Fiscal Year.--For
purposes of this section--
(1) the term ``fiscal year 1998 submarine'' means the
submarine referred to in subsection (a)(1)(B); and
(2) the term ``fiscal year 1999 submarine'' means the
submarine referred to in subsection (a)(1)(C).
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Funding.--(1) Subject to paragraph (3), funds
authorized to be appropriated by section 102(a)(3) may be
made available for contracts entered into during fiscal year
1996 under subsection (b)(1) of section 135 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 211) for construction for the third of the
three Arleigh Burke class destroyers covered by that
subsection. Such funds are in addition to amounts made
available for such contracts by the second sentence of
subsection (a) of that section.
(2) Subject to paragraph (3), funds authorized to be
appropriated by section 102(a)(3) may be made available for
contracts entered into during fiscal year 1997 under
subsection (b)(2) of such section 135 for construction
(including advance procurement) for the Arleigh Burke class
destroyers covered by such subsection (b)(2).
(3) The aggregate amount of funds available under
paragraphs (1) and (2) for con
[[Page 1919]]
tracts referred to in such paragraphs may not exceed
$3,483,030,000.
(4) Within the amount authorized to be appropriated by
section 102(a)(3), $525,000,000 is authorized to be
appropriated for advance procurement for construction for the
Arleigh Burke class destroyers authorized by subsection (b).
(b) Authority for Multiyear Procurement of Twelve
Vessels.--The Secretary of the Navy is authorized, pursuant
to section 2306b of title 10, United States Code, to enter
into multiyear contracts for the procurement of a total of 12
Arleigh Burke class destroyers at a procurement rate of three
ships in each of fiscal years, 1998, 1999, 2000, and 2001 in
accordance with this subsection and subsection (a)(4),
subject to the availability of appropriations for such
destroyers. A contract for construction of one or more
vessels that is entered into in accordance with this
subsection shall include a clause that limits the liability
of the Government to the contractor for any termination of
the contract.
SEC. 123. EA-6B AIRCRAFT REACTIVE JAMMER PROGRAM.
(a) Limitation.--None of the funds appropriated pursuant to
section 102(a)(1) for modifications or upgrades of EA-6B
aircraft may be obligated, other than for a reactive jammer
program for such aircraft, until 30 days after the date on
which the Secretary of the Navy submits to the congressional
defense committees in writing--
(1) a certification that some or all of such funds have
been obligated for a reactive jammer program for EA-6B
aircraft; and
(2) a report that sets forth a detailed, well-defined
program for--
(A) developing a reactive jamming capability for EA-6B
aircraft; and
(B) upgrading the EA-6B aircraft of the Navy to incorporate
the reactive jamming capability.
(b) Contingent Transfer of Funds to Air Force.--(1) If the
Secretary of the Navy has not submitted the certification and
report described in subsection (a) to the congressional
defense committees before June 1, 1997, then, on that date,
the Secretary of Defense shall transfer to Air Force, out of
appropriations available to the Navy for fiscal year 1997 for
procurement of aircraft, the amount equal to the amount
appropriated to the Navy for fiscal year 1997 for
modifications and upgrades of EA-6B aircraft.
(2) Funds transferred to the Air Force pursuant to
paragraph (1) shall be available for maintaining and
upgrading the jamming capability of EF-111 aircraft.
SEC. 124. T-39N TRAINER AIRCRAFT FOR THE NAVY.
The Secretary of the Navy may, using funds appropriated for
fiscal year 1996 for procurement of T-39N trainer aircraft
for the Navy that remain available for obligation for such
purpose, enter into a contract for the acquisition of T-39N
aircraft for naval flight officer training that are suitable
for low-level training flights. Such a contract may be
entered into only after the Secretary complies with section
137 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 212).
SEC. 125. PENGUIN MISSILE PROGRAM.
(a) Multiyear Procurement Authority.--The Secretary of the
Navy may, in accordance with section 2306b of title 10,
United States Code, enter into multiyear procurement
contracts for the procurement of not more than 106 Penguin
missile systems.
(b) Limitation on Total Cost.--The total amount obligated
or expended for procurement of Penguin missile systems under
contracts under subsection (a) may not exceed $84,800,000.
Subtitle D--Air Force Programs
SEC. 131. REPEAL OF LIMITATION ON PROCUREMENT OF F-15E
AIRCRAFT.
Section 134 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1383) is repealed.
SEC. 132. MODIFICATION TO MULTIYEAR PROCUREMENT AUTHORITY FOR
C-17 AIRCRAFT PROGRAM.
(a) Multiyear Contracts Authorized.--The Secretary of the
Air Force may enter into one or more multiyear contracts for
the procurement of C-17 aircraft (including the section 2703
contract entered into before the date of the enactment of
this Act under the authority of section 2703 of the
Supplemental Appropriations Act of 1996 (title II of Public
Law 104-134)). The total number of aircraft contracted to be
procured under such multiyear contracts may not exceed 80.
Any such contract shall be entered into in accordance with
section 2306b of title 10, United States Code (and subject to
such modifications as may be authorized by law in the maximum
period for such contracts specified in subsection (k) of such
section).
(b) Requirement to Negotiate Option to Convert Existing
Contract to Six Program Years.--The Secretary of the Air
Force shall negotiate with the prime contractor for the C-17
aircraft program so as to achieve a contract option for the
United States under the section 2703 contract to convert the
multiyear procurement period under that contract to a period
of six program years based upon the level of funding for that
program for fiscal year 1997.
(c) Contract Period.--A contract entered into after the
date of the enactment of this Act on a multiyear basis under
the authority of subsection (a) may (notwithstanding section
2306b(k) of title 10, United States Code) be for a period of
six program years.
(d) Section 2703 Contract Defined.--For purposes of this
section, the term ``section 2703 contract'' means the
contract entered into by the Secretary of the Air Force on
May 31, 1996, with the prime contractor for the C-17 aircraft
program under the authority of section 2703 of the
Supplemental Appropriations Act of 1996 (title II of Public
Law 104-134) providing for a multiyear procurement of C-17
aircraft over seven program years with an option for the
Secretary to convert that period to six program years.
Subtitle E--Other Matters
SEC. 141. ASSESSMENTS OF MODERNIZATION PRIORITIES OF THE
RESERVE COMPONENTS.
(a) Assessments Required.--Not later than December 1, 1996,
each officer referred to in subsection (b) shall submit to
the congressional defense committees an assessment of the
modernization priorities established for the reserve
component or reserve components for which that officer is
responsible.
(b) Responsible Officers.--The officers required to submit
a report under subsection (a) are as follows:
(1) The Chief of the National Guard Bureau.
(2) The Chief of Army Reserve.
(3) The Chief of Air Force Reserve.
(4) The Director of Naval Reserve.
(5) The Commanding General, Marine Forces Reserve.
SEC. 142. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.
Section 152 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 214; 50
U.S.C. 1521 note) is amended by adding at the end the
following new subsections:
``(e) Assessment of Alternative Technologies for
Demilitarization of Assembled Chemical Munitions.--(1) In
addition to the assessment required by subsection (c), the
Secretary of Defense shall conduct an assessment of the
chemical demilitarization program for destruction of
assembled chemical munitions and of the alternative
demilitarization technologies and processes (other than
incineration) that could be used for the destruction of the
lethal chemical agents that are associated with these
munitions, while ensuring maximum protection for the general
public, the personnel involved in the demilitarization
program, and the environment. The measures considered shall
be limited to those that would minimize the risk to the
public and reduce the total cost of the chemical agents and
munitions destruction program. The assessment shall be
conducted without regard to any limitation that would
otherwise apply to the conduct of such assessment under any
provision of law.
``(2) The assessment shall be conducted in coordination
with the National Research Council.
``(3) Among the alternatives, the assessment shall include
a determination of the cost of incineration of the current
chemical munitions stockpile by building incinerators at each
existing facility compared to the proposed cost of
dismantling those same munitions, neutralizing them at each
storage site (other than Tooele Army Depot or Johnston
Atoll), and transporting the neutralized remains and all
munitions parts to a treatment, storage, and disposal
facility within the United States that has the necessary
environmental permits to undertake incineration of the
material.
``(4) Based on the results of the assessment, the Secretary
shall develop appropriate recommendations for revision of the
chemical demilitarization program.
``(5) Not later than December 31, 1997, the Secretary of
Defense shall submit to Congress a report on the assessment
conducted in accordance with paragraph (1) and any
recommendations for revision of the chemical demilitarization
program, including the continued development of alternative
demilitarization technologies and processes other than
incineration that could be used for the destruction of the
lethal chemical agents that are associated with these
assembled chemical munitions and the chemical munitions
demilitarization sites for which the selected technologies
should be developed.
``(f) Pilot Program for Demilitarization of Chemical Agents
for Assembled Munitions.--(1) If the Secretary of Defense
makes a decision to continue the development of an
alternative demilitarization technology or process (other
than incineration) that could be used for the destruction of
the lethal chemical agents that are associated with assembled
chemical munitions, $25,000,000 shall be available from the
funds authorized to be appropriated in section 107 of the
National Defense Authorization Act for Fiscal Year 1997 for
the chemical agents and munitions destruction program, in
order to initiate a pilot program using the selected
alternative technology or process for the destruction of
chemical agents that are stored at these sites.
``(2) Not less than 30 days before using funds to initiate
the pilot program under paragraph (1), the Secretary shall
submit notice in writing to Congress of the Secretary's
intent to do so.
``(3) The pilot program shall be conducted at the selected
chemical agent and munitions stockpile storage site for which
the alternative technology or process is recommended.''.
SEC. 143. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT
RETOOLING AND MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (sub
[[Page 1920]]
title H of title I of Public Law 102-484; 10 U.S.C. 2501
note) is amended by striking out ``During fiscal years 1993
through 1996'', and inserting in lieu thereof ``During fiscal
years 1993 through 1998''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Dual-use technology programs.
Sec. 204. Defense Special Weapons Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Space-Based Infrared System program.
Sec. 213. Clementine 2 micro-satellite development program.
Sec. 214. Live-fire survivability testing of V-22 Osprey aircraft.
Sec. 215. Live-fire survivability testing of F-22 aircraft.
Sec. 216. Limitation on funding for F-16 tactical manned reconnaissance
aircraft.
Sec. 217. Cost analysis of F-22 aircraft program.
Sec. 218. F-22 aircraft program reports.
Sec. 219. Cost-benefit analysis of F/A-18E/F aircraft program.
Sec. 220. Joint Advanced Strike Technology (JAST) program.
Sec. 221. Unmanned aerial vehicles.
Sec. 222. High altitude endurance unmanned aerial reconnaissance
system.
Sec. 223. Cyclone class patrol craft self-defense.
Sec. 224. One-year extension of deadline for delivery of Enhanced Fiber
Optic Guided Missile (EFOG-M) system.
Sec. 225. Hydra-70 rocket product improvement program.
Sec. 226. Federally funded research and development centers.
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. Research activities of the Defense Advanced Research Projects
Agency relating to chemical and biological warfare
defense technology.
Sec. 229. Certification of capability of United States to prevent
illegal importation of nuclear, biological, or chemical
weapons.
Sec. 230. Nonlethal weapons and technologies programs.
Sec. 231. Counterproliferation support program.
Subtitle C--Ballistic Missile Defense Programs
Sec. 241. Funding for ballistic missile defense programs for fiscal
year 1997.
Sec. 242. Certification of capability of United States to defend
against single ballistic missile.
Sec. 243. Report on ballistic missile defense and proliferation.
Sec. 244. Revision to annual report on ballistic missile defense
program.
Sec. 245. Report on Air Force National Missile Defense Plan.
Sec. 246. Capability of National Missile Defense system.
Sec. 247. Actions to limit adverse effects on private sector employment
of establishment of National Missile Defense Joint
Program Office.
Sec. 248. ABM Treaty defined.
Subtitle D--Other Matters
Sec. 261. Maintenance and repair at Air Force installations.
Sec. 262. Report relating to Small Business Innovation Research
Program.
Sec. 263. Amendment to University Research Initiative Support program.
Sec. 264. Amendments to Defense Experimental Program To Stimulate
Competitive Research.
Sec. 265. Elimination of report on the use of competitive procedures
for the award of certain contracts to colleges and
universities.
Sec. 266. Pilot program for transfer of defense technology information
to private industry.
Sec. 267. Research under transactions other than contracts and grants.
Sec. 268. Desalting technologies.
Sec. 269. Evaluation of digital video network equipment used in Olympic
games.
Sec. 270. Annual joint warfighting science and technology plan.
Subtitle E--National Oceanographic Partnership Program
Sec. 281. Findings.
Sec. 282. National Oceanographic Partnership Program.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,780,615,000.
(2) For the Navy, $8,068,299,000.
(3) For the Air Force, $14,756,366,000.
(4) For Defense-wide activities, $9,691,293,000, of which--
(A) $269,038,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $21,968,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1997.--Of the amounts authorized to be
appropriated by section 201, $4,031,343,000 shall be
available for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and
applied research'' means work funded in program elements for
defense research and development under Department of Defense
category 6.1 or 6.2.
SEC. 203. DUAL-USE TECHNOLOGY PROGRAM.
(a) Allocation of Funds.--Of the amount appropriated
pursuant to the authorization in section 201(4), $85,000,000
shall be available for the dual-use technology program under
this section.
(b) Designation of Official for Dual-Use Program.--(1) The
Secretary of Defense shall designate a senior official in the
Office of the Secretary of Defense to have as that official's
sole responsibilities developing policy relating to, and
ensuring effective implementation of, the dual-use technology
program of the Department of Defense. In carrying out such
responsibilities, the official shall ensure--
(A) that commercial technologies are integrated into
current and future military systems to the maximum extent
practicable;
(B) that dual-use projects are coordinated with the joint
warfighting science and technology plan referred to in
section 270; and
(C) that dual-use projects of the military departments and
the defense agencies are coordinated and avoid unnecessary
duplication.
(2) The senior official designated under paragraph (1)
shall carry out such responsibilities during the period
beginning on October 1, 1996, and ending on September 30,
2000. Such official shall report directly to the Under
Secretary of Defense for Acquisition and Technology.
(c) Funding Requirement.--Of the amounts appropriated
pursuant to the authorizations in section 201 for the
Department of Defense for science and technology programs for
fiscal year 1997, at least 5 percent of such amounts shall be
available only for dual-use projects of the Department of
Defense. The funds made available under the preceding
sentence are in addition to the funds made available under
subsection (a).
(d) Limitation on Obligations.--Funds made available
pursuant to subsections (a) and (c) may be used for a dual-
use project only if the contract, cooperative agreement, or
other transaction by which the project is carried out is
entered into through the use of competitive procedures.
(e) Transfer Authority.--In addition to the transfer
authority provided in section 1001, the Secretary of Defense
may transfer funds made available pursuant to subsections (a)
and (c) for a dual-use project from a military department or
defense agency to another military department or defense
agency to ensure efficient implementation of the dual-use
technology program. The Secretary may delegate the authority
provided in the preceding sentence to the senior official
designated under subsection (b).
(f) Federal Cost Share.--The share contributed by the
Secretary of a military department or the head of a defense
agency for the cost of a dual-use project during fiscal year
1997 may not be greater than 50 percent of the cost of the
project for that fiscal year.
(g) Report.--At the same time the President submits to
Congress the budget for fiscal year 1998 pursuant to section
1105(a) of title 31, United States Code, the Secretary of
Defense shall submit to Congress a report that specifies the
investment strategy for the dual-use technology program to be
conducted during fiscal years 1998, 1999, and 2000.
(h) Definitions.--In this section:
(1) The term ``dual-use technology program'' means the
program of the Department of Defense under which research or
development of a dual-use technology (as defined in section
2491 of title 10, United States Code) is carried out and the
costs of which are shared between the Department of Defense
and non-Government entities. The term includes the dual-use
critical technology program established pursuant to section
2511 of title 10, United States Code.
(2) The term ``dual-use project'' means a project under the
dual-use technology program.
(3) The term ``science and technology program'' means a
program of a military department under which basic research,
applied research, or advanced technology development is
carried out.
SEC. 204. DEFENSE SPECIAL WEAPONS AGENCY.
There is hereby authorized to be appropriated for fiscal
year 1997 the amount of $314,313,000 for the Defense Special
Weapons Agency, of which--
(1) $7,900,000 is for procurement;
(2) $218,330,000 is for research, development, test, and
evaluation; and
(3) $88,083,000 is for operations and maintenance.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Funding.--Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are
authorized to be made available for space launch
modernization for purposes and in amounts as follows:
(1) For the Evolved Expendable Launch Vehicle program,
$44,457,000.
(2) For a competitive reusable launch vehicle program
(program element 63401F), $25,000,000.
(b) Limitations.--(1) Of the funds made available for the
reusable launch vehicle pro
[[Page 1921]]
gram pursuant to subsection (a)(2), the total amount
obligated for such purpose may not exceed the total amount
allocated in the fiscal year 1997 current operating plan of
the National Aeronautics and Space Administration for the
Reusable Space Launch program of the National Aeronautics and
Space Administration.
(2) Of the funds made available for the Evolved Expendable
Launch Vehicle program pursuant to subsection (a)(1), the
total amount obligated for such purpose may not exceed
$20,000,000 until the Secretary of Defense certifies to
Congress that the Secretary has made available for obligation
the funds, if any, that are made available for the reusable
launch vehicle program pursuant to subsection (a)(2).
(c) Coordination of Engine Testing.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense and the Administrator of the National Aeronautics and
Space Administration shall submit to Congress a joint plan
for coordinating and eliminating unnecessary duplication in
the operations and planned improvements of rocket engine and
rocket engine component test facilities managed by the
Department of the Air Force and the National Aeronautics and
Space Administration. The plan shall provide, to the extent
practical, for the development of commonly funded and
commonly operated facilities.
SEC. 212. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding.--Funds appropriated pursuant to the
authorization of appropriations in section 201(3) are
authorized to be made available for the Space-Based Infrared
System program for purposes and in amounts as follows:
(1) For Space Segment High, $173,290,000.
(2) For Space Segment Low (the Space and Missile Tracking
System), $247,221,000.
(3) For Cobra Brass, $6,930,000.
(b) Limitation.--Not more than $100,000,000 of the funds
authorized to be made available under subsection (a)(1) may
be obligated or expended until the Secretary of Defense
certifies to Congress that the Secretary has made available
the funds authorized to be made available under subsection
(a)(2) for the purpose of accelerating the deployment of the
Space Segment Low (the Space and Missile Tracking System).
(c) Program Management.--Before the submission of the
President's budget for fiscal year 1998, the Secretary of
Defense shall conduct a review of the appropriate management
responsibilities for the Space and Missile Tracking System,
including whether transferring such management responsibility
from the Air Force to the Ballistic Missile Defense
Organization would result in improved program efficiencies
and support.
SEC. 213. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Amount for Program.--Of the amount authorized to be
appropriated under section 201(3), $50,000,000 shall be
available for the Clementine 2 micro-satellite near-Earth
asteroid interception mission.
(b) Limitation.--Of the funds authorized to be appropriated
pursuant to this Act for the global positioning system (GPS)
Block II F Satellite system, not more than $25,000,000 may be
obligated until the Secretary of Defense certifies to
Congress that--
(1) funds appropriated for fiscal year 1996 for the
Clementine 2 Micro-Satellite development program have been
obligated in accordance with Public Law 104-106 and the Joint
Explanatory Statement of the Committee of Conference
accompanying S. 1124 (House Report 104-450 (104th Congress,
second session)); and
(2) the Secretary has made available for obligation the
funds appropriated for fiscal year 1997 for the purpose
specified in subsection (a).
SEC. 214. LIVE-FIRE SURVIVABILITY TESTING OF V-22 OSPREY
AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of
Defense may, in accordance with section 2366(c) of title 10,
United States Code, waive for the V-22 Osprey aircraft
program the survivability tests required by that section,
notwithstanding that such program has entered engineering and
manufacturing development.
(b) Report to Congress.--In exercising the waiver authority
in section 2366(c) of title 10, United States Code, the
Secretary shall submit to Congress a report explaining how
the Secretary plans to evaluate the survivability of the V-22
Osprey aircraft system and assessing possible alternatives to
realistic survivability testing of the system.
(c) Alternative Survivability Test Requirements.--If the
Secretary of Defense submits in accordance with section
2366(c)(1) of title 10, United States Code, a certification
that live-fire testing of the V-22 Osprey aircraft would be
unreasonably expensive and impractical, the Secretary shall
require that components critical to the survivability of the
V-22 Osprey aircraft be subjected to live-fire testing under
an alternative live-fire testing program that, by reason of
the number of such components tested and the realism of the
threat environments under which the components are tested,
will yield test results that provide a sufficient basis for
drawing meaningful conclusions about the survivability of V-
22 Osprey aircraft.
(d) Funding.--The funds required to carry out any
alternative live-fire testing of the V-22 Osprey aircraft
system shall be made available from amounts appropriated for
the V-22 Osprey program.
SEC. 215. LIVE-FIRE SURVIVABILITY TESTING OF F-22 AIRCRAFT.
(a) Authority for Retroactive Waiver.--The Secretary of
Defense may, in accordance with section 2366(c) of title 10,
United States Code, waive for the F-22 aircraft program the
survivability tests required by that section, notwithstanding
that such program has entered engineering and manufacturing
development.
(b) Alternative Survivability Test Requirements.--If the
Secretary of Defense submits in accordance with section
2366(c)(1) of title 10, United States Code, a certification
that live-fire testing of the F-22 aircraft would be
unreasonably expensive and impractical, the Secretary shall
require that components and subsystems critical to the
survivability of the F-22 aircraft be subjected to live-fire
testing under an alternative live-fire testing program that,
by reason of the number of such components and subsystems
tested and the realism of the threat environments under which
the components and subsystems are tested, will yield test
results that provide a sufficient basis for drawing
meaningful conclusions about the survivability of F-22
aircraft.
(c) Funding.--The funds required to carry out any
alternative live-fire testing of the F-22 aircraft system
shall be made available from amounts appropriated for the F-
22 program.
SEC. 216. LIMITATION ON FUNDING FOR F-16 TACTICAL MANNED
RECONNAISSANCE AIRCRAFT.
(a) Limitation.--Effective on the date of the enactment of
this Act, not more than $50,000,000 (in fiscal year 1997
constant dollars) may be obligated or expended for--
(1) research, development, test, and evaluation for, and
acquisition and modification of, the F-16 tactical manned
reconnaissance aircraft program; and
(2) costs associated with the termination of such program.
(b) Exception.--The limitation in subsection (a) shall not
apply to obligations required for improvements planned before
the date of the enactment of this Act to incorporate the
common data link into the F-16 tactical manned reconnaissance
aircraft.
SEC. 217. COST ANALYSIS OF F-22 AIRCRAFT PROGRAM.
(a) Review and Report.--The Secretary of Defense shall
direct the Cost Analysis Improvement Group in the Office of
the Secretary of Defense to review the F-22 aircraft program,
analyze and estimate the production costs of the program, and
submit to the Secretary a report on the results of the
review.
(b) Content of Report.--The report shall include--
(1) a comparison of--
(A) the results of the review, with
(B) the results of the last independent estimate of
production costs of the program that was prepared by the Cost
Analysis Improvement Group in July 1991; and
(2) a description of any major changes in programmatic
assumptions that have occurred since the estimate referred to
in paragraph (1)(B) was made, including any major change in
assumptions regarding the program schedule, the quantity of
aircraft to be developed and acquired, and the annual rates
of production, together with an assessment of the effects of
such changes on the program.
(c) Submission of Report.--Not later than March 30, 1997,
the Secretary shall submit the report to the congressional
defense committees, together with the Secretary's views on
the matters covered by the report.
(d) Limitation on Use of Funds Pending Submission of
Report.--Not more than 92 percent of the funds appropriated
for the F-22 aircraft program pursuant to the authorization
of appropriations in section 103(1) may be expended until the
Secretary of Defense submits the report required under this
section.
SEC. 218. F-22 AIRCRAFT PROGRAM REPORTS.
(a) Annual Report.--(1) At the same time that the President
submits the budget for a fiscal year to Congress pursuant to
section 1105(a) of title 31, United States Code, the
Secretary of Defense shall submit to Congress a report on
event-based decisionmaking for the F-22 aircraft program for
that fiscal year. The Secretary shall submit the report for
fiscal year 1997 not later than October 1, 1996.
(2) The report for a fiscal year shall include the
following:
(A) A discussion of each decision known within the
Department of Defense as an ``event-based decision'' that is
expected to be made during that fiscal year regarding whether
the F-22 program is to proceed into a new phase or into a new
administrative subdivision of a phase.
(B) The criteria known within the Department of Defense as
``exit criteria'' to be applied, for purposes of making the
event-based decision, in determining whether the F-22
aircraft program has demonstrated the specific progress
necessary for proceeding into the new phase or administrative
subdivision of a phase.
(b) Report on Event-Based Decisions.--Not later than 30
days after an event-based decision has been made for the F-22
aircraft program, the Secretary of Defense shall submit to
Congress a report on the decision. The report shall include
the following:
(1) A discussion of the commitments made, and the
commitments to be made, under the program as a result of the
decision.
(2) The exit criteria applied for purposes of the decision.
(3) How, in terms of the exit criteria, the program
demonstrated the specific progress justifying the decision.
[[Page 1922]]
SEC. 219. COST-BENEFIT ANALYSIS OF F/A-18E/F AIRCRAFT
PROGRAM.
(a) Report on Program.--Not later than March 30, 1997, the
Secretary of Defense shall submit to the congressional
defense committees a report on the F/A-18E/F aircraft
program.
(b) Content of Report.--The report shall contain the
following:
(1) A review of the F/A-18E/F aircraft program.
(2) An analysis and estimate of the production costs of the
program for the total number of aircraft realistically
expected to be procured at each of three annual production
rates as follows:
(A) 18 aircraft.
(B) 24 aircraft.
(C) 36 aircraft.
(3) A comparison of the costs and benefits of the program
with the costs and benefits of the F/A-18C/D aircraft program
taking into account the operational combat effectiveness of
the aircraft.
(c) Limitation on Use of Funds Pending Submission of
Report.--Not more than 90 percent of the funds authorized to
be appropriated by this Act for the procurement of F/A-18E/F
aircraft may be obligated or expended for procurement of such
aircraft before the date that is 30 days after the date on
which the congressional defense committees receive the report
required under subsection (a).
SEC. 220. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$602,069,000 shall be available only for advanced technology
development for the Joint Advanced Strike Technology (JAST)
program. Of that amount--
(1) $259,833,000 shall be available only for program
element 63800N in the budget of the Department of Defense for
fiscal year 1997;
(2) $263,836,000 shall be available only for program
element 63800F in the budget of the Department of Defense for
fiscal year 1997; and
(3) $78,400,000 shall be available only for program element
63800E in the budget of the Department of Defense for fiscal
year 1997.
(b) Analysis of Force Structure.--Of the amounts authorized
to be appropriated by section 201 for the Joint Advanced
Strike Technology program, up to $10,000,000 shall be
available for the conduct of an analysis by the Institute for
Defense Analyses of the following:
(1) The weapon systems force structure required to meet the
anticipated range of threats projected by the intelligence
community for the period 2000 through 2025.
(2) Alternative force mixes, including, at a minimum, the
following force mixes:
(A) Joint Strike Fighter derivative aircraft;
remanufactured AV-8 aircraft; F-18C/D, F-18E/F, AH-64, AH-1W,
RAH-66, F-14, F-16, F-15, F-117, F-22, B-1, B-2, and B-52
aircraft; and air-to-surface and surface-to-surface weapons
systems.
(B) Joint Strike Fighter derivative aircraft;
remanufactured AV-8 aircraft; F-18C/D, F-18E/F, F-14, F-16,
F-15, F-117, and F-22 aircraft; and air-to-surface and
surface-to-surface weapons systems.
(3) Cost and operational effectiveness of the alternative
force mixes analyzed under paragraph (2), including
sensitivity analyses related to system performance, costs,
threats, and force employment scenarios.
(4) Required operational capability dates of systems not
yet in production for the force mixes analyzed under
paragraph (2).
(5) Affordability, commonality, and roles and missions
considerations related to the alternative force mixes
analyzed under paragraph (2).
(c) Cost Review of Force Structure Analysis.--The Secretary
of Defense shall direct the Cost Analysis Improvement Group
in the Office of the Secretary of Defense to review cost
estimates made under the analysis conducted under subsection
(b) and submit to the Secretary a report on the results of
the review. The report may include comments and additional
cost sensitivity analyses.
(d) Briefing and Report.--(1) Not later than November 15,
1996, the Secretary of Defense shall make available to the
congressional defense committees a briefing on the plan and
assumptions for the analysis to be conducted under subsection
(b).
(2) Not later than May 15, 1997, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a copy of the analysis conducted under subsection
(b) and of the cost review conducted under subsection (c),
together with the views of the Secretary on such analysis and
cost review.
SEC. 221. UNMANNED AERIAL VEHICLES.
(a) Procurement Funding Request.--The funding request for
procurement for unmanned aerial vehicles for any fiscal year
shall be set forth under the funding requests for the
military departments in the budget of the Department of
Defense.
(b) Transfer of Program Management.--Program management for
the Predator Unmanned Aerial Vehicle, and programmed funding
for such vehicle for fiscal years 1998, 1999, 2000, 2001, and
2002 (as set forth in the future-years defense program),
shall be transferred to the Department of the Air Force,
effective October 1, 1996, or the date of the enactment of
this Act, whichever is later.
(c) Prohibition on Providing Operating Capability from
Naval Vessels.--No funds authorized to be appropriated by
this Act may be obligated for purposes of providing the
capability of the Predator Unmanned Aerial Vehicle to operate
from naval vessels.
SEC. 222. HIGH ALTITUDE ENDURANCE UNMANNED AERIAL
RECONNAISSANCE SYSTEM.
Any concepts for an improved Tier III Minus (High Altitude
Endurance Unmanned Aerial Reconnaissance) system, developed
using funds authorized to be appropriated under this title,
that would increase the unit flyaway cost for such system to
an amount greater than the unit flyaway cost established in
either of the original contracts for such system, may not be
carried out under the original contracts, but must instead be
carried out under another contract that is awarded using
competitive procedures.
SEC. 223. CYCLONE CLASS PATROL CRAFT SELF-DEFENSE.
(a) Study Required.--The Secretary of Defense shall perform
a study of the operational requirements for vessel self-
defense for the Cyclone class patrol craft and a comparative
evaluation of the potential means for meeting the operational
requirements for self-defense of the craft. The study shall
consider the range of operational scenarios in which the
craft is expected to be employed.
(b) Systems To Be Evaluated.--The study under subsection
(a) shall consider those self-defense systems that could be
employed aboard the Cyclone class patrol craft, including the
Barak ship self-defense missile system.
(c) Report.--Not later than March 31, 1997, the Secretary
shall submit to Congress a report containing the results of
the study under subsection (a).
SEC. 224. ONE-YEAR EXTENSION OF DEADLINE FOR DELIVERY OF
ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG-M)
SYSTEM.
Section 272(a)(2) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 239) is
amended by striking out ``September 30, 1998,'' and inserting
in lieu thereof ``September 30, 1999,''.
SEC. 225. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for the Army for Other
Missile Product Improvement Programs, $9,000,000 is
authorized as specified in subsection (b) for completion of
the Hydra-70 product improvement program authorized for
fiscal year 1996.
(b) Authorized Actions.--Funding is authorized to be
appropriated for the following:
(1) Procurement for test and flight qualification of at
least one nondevelopmental item 2.75-inch composite rocket
motor propellant type, along with other nondevelopmental item
candidate motors that use composite propellant as the
propulsion component.
(2) Platform integration, including additional quantities
of the motor chosen for operational certification on the
Apache attack helicopter.
(c) Definition.--In this section, the term
``nondevelopmental item'' has the meaning provided in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403).
SEC. 226. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Centers Covered.--Funds authorized to be appropriated
for the Department of Defense for fiscal year 1997 under
section 201 may be obligated to procure work from a federally
funded research and development center (in this section
referred to as an ``FFRDC'') only in the case of a center
named in the report required by subsection (b) and, in the
case of such a center, only in an amount not in excess of the
amount of the proposed funding level set forth for that
center in such report.
(b) Report on Allocations for Centers.--(1) Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report containing--
(A) the name of each FFRDC from which work is proposed to
be procured for the Department of Defense for fiscal year
1997;
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1997; and
(C) for each such center, an unambiguous definition of the
unique core competencies required to be maintained for fiscal
year 1997.
(2) The total of the proposed funding levels set forth in
the report for all FFRDCs may not exceed the amount set forth
in subsection (d).
(c) Limitation Pending Submission of Report.--Not more than
15 percent of the funds authorized to be appropriated for the
Department of Defense for fiscal year 1997 for FFRDCs under
section 201 may be obligated to procure work from an FFRDC
until the Secretary of Defense submits the report required by
subsection (b).
(d) Funding.--(1) Subject to paragraph (2), of the amounts
authorized to be appropriated by section 201, not more than a
total of $1,214,650,000 may be obligated to procure services
from the FFRDCs named in the report required by subsection
(b).
(2) The limitation in paragraph (1) does not apply to funds
obligated for the procurement of equipment for FFRDCs.
(e) Authority To Waive Funding Limitation.--The Secretary
of Defense may waive the limitation regarding the maximum
funding amount that applies under subsection (a) to an FFRDC.
Whenever the Secretary proposes to make such a waiver, the
Secretary shall submit to the Committee on Armed
[[Page 1923]]
Services of the Senate and the Committee on National Security
of the House of Representatives notice of the proposed waiver
and the reasons for the waiver. The waiver may then be made
only after the end of the 60-day period that begins on the
date on which the notice is submitted to those committees,
unless the Secretary determines that it is essential to the
national security that funds be obligated for work at that
center in excess of that limitation before the end of such
period and notifies those committees of that determination
and the reasons for the determination.
SEC. 227. DEMILITARIZATION OF CONVENTIONAL MUNITIONS,
ROCKETS, AND EXPLOSIVES.
(a) Establishment of Conventional Munitions, Rockets, and
Explosives Demilitarization Program.--The Secretary of
Defense shall establish an integrated program for the
development and demonstration of technologies for the
demilitarization and disposal of conventional munitions,
rockets, and explosives in a manner that complies with
applicable environmental laws.
(b) Duration of Program.--The program established pursuant
to subsection (a) shall be in effect for a period of at least
five years, beginning with fiscal year 1997.
(c) Funding.--Of the amount authorized to be appropriated
in section 201, $15,000,000 is authorized to be appropriated
for the program established pursuant to subsection (a). The
funding request for the program shall be set forth separately
in the budget justification documents for the budget of the
Department of Defense for each fiscal year during which the
program is in effect.
(d) Reports.--The Secretary of Defense shall submit to
Congress a report on the plan for the program established
pursuant to subsection (a) at the same time the President
submits to Congress the budget for fiscal year 1998. The
Secretary shall submit an updated version of such report,
setting forth in detail the progress of the program, at the
same time the President submits the budget for each fiscal
year after fiscal year 1998 during which the program is in
effect.
SEC. 228. RESEARCH ACTIVITIES OF THE DEFENSE ADVANCED
RESEARCH PROJECTS AGENCY RELATING TO CHEMICAL
AND BIOLOGICAL WARFARE DEFENSE TECHNOLOGY.
(a) Authority.--Section 1701(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160;
107 Stat. 1853; 50 U.S.C. 1522) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of the Defense Advanced Research
Projects Agency may conduct a program of basic and applied
research and advanced technology development on chemical and
biological warfare defense technologies and systems. In
conducting such program, the Director shall seek to avoid
unnecessary duplication of the activities under the program
with chemical and biological warfare defense activities of
the military departments and defense agencies and shall
coordinate the activities under the program with those of the
military departments and defense agencies.''.
(b) Funding.--Section 1701(d) of such Act is amended--
(1) in paragraph (1), by striking out ``military
departments'' and inserting in lieu thereof ``Department of
Defense'';
(2) in paragraph (2), by inserting after ``requests for the
program'' in the first sentence the following: ``(other than
for activities under the program conducted by the Defense
Advanced Research Projects Agency under subsection (c)(2))'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The program conducted by the Defense Advanced
Research Projects Agency under subsection (c)(2) shall be set
forth as a separate program element in the budget of that
agency.''.
SEC. 229. CERTIFICATION OF CAPABILITY OF UNITED STATES TO
PREVENT ILLEGAL IMPORTATION OF NUCLEAR,
BIOLOGICAL, AND CHEMICAL WEAPONS.
Not later than 15 days after the date of the enactment of
this Act, the President shall submit to Congress a
certification in writing stating specifically whether or not
the United States has the capability (as of the date of the
certification) to prevent the illegal importation of nuclear,
biological, and chemical weapons into the United States and
its possessions.
SEC. 230. NONLETHAL WEAPONS AND TECHNOLOGIES PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated
under section 201(2), $15,000,000 shall be available for
joint service research, development, test, and evaluation of
nonlethal weapons and nonlethal technologies under the
program element established pursuant to subsection (b).
(b) New Program Element Required.--The Secretary of Defense
shall establish a new program element for the funds
authorized to be appropriated under subsection (a). The funds
within that program element shall be administered by the
executive agent designated for joint service research,
development, test, and evaluation of nonlethal weapons and
nonlethal technologies.
SEC. 231. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $186,200,000
shall be available for the Counterproliferation Support
Program, of which $75,000,000 shall be available for a
tactical antisatellite technologies program.
(b) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section
1001, upon determination by the Secretary of Defense that
such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 1997 to counterproliferation programs, projects,
and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) The total amount of authorizations transferred under
the authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
(c) Limitation on Use of Funds for Technical Studies and
Analyses Pending Release of Funds.--(1) None of the funds
authorized to be appropriated to the Department of Defense
for fiscal year 1997 for program element 605104D, relating to
technical studies and analyses, may be obligated or expended
until the funds referred to in paragraph (2) have been
released to the program manager of the tactical anti-
satellite technology program for implementation of that
program.
(2) The funds for release referred to in paragraph (1) are
as follows:
(A) Funds authorized to be appropriated by section 218(a)
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 222) that are available
for the program referred to in paragraph (1).
(B) Funds authorized to be appropriated to the Department
for fiscal year 1997 by this Act for the Counterproliferation
Support Program that are to be made available for that
program.
Subtitle C--Ballistic Missile Defense Programs
SEC. 241. FUNDING FOR BALLISTIC MISSILE DEFENSE PROGRAMS FOR
FISCAL YEAR 1997.
(a) Program Amounts.--Of the amount appropriated pursuant
to section 201(4), the following amounts may be obligated for
the following systems managed by the Ballistic Missile
Defense Organization:
(1) For the Theater High Altitude Area Defense (THAAD)
System, $621,798,000.
(2) For the Navy Upper Tier (Theater Wide) system,
$304,171,000.
(3) For the National Missile Defense System, $858,437,000.
(4) For the Corps Surface-to-Air Missile (SAM)/Medium
Extended Air Defense System (MEADS) sytem, $56,200,000.
(b) Limitation.--None of the funds appropriated or
otherwise made available for the Department of Defense
pursuant to this or any other Act may be obligated or
expended by the Office of the Under Secretary of Defense for
Acquisition and Technology for official representation
activities, or related activities, until the Secretary of
Defense certifies to Congress that--
(1) the Secretary has made available for obligation the
funds provided under subsection (a) for the purposes
specified in that subsection and in the amounts appropriated
pursuant to that subsection; and
(2) the Secretary has included the Navy Upper Tier theater
missile defense system in the theater missile defense core
program.
(c) Limitations.--Not more than $15,000,000 of the amount
available for the Corps SAM/MEADS program under subsection
(a) may be obligated until the Secretary of Defense submits
to the congressional defense committees the following:
(1) An initial program estimate for the Corps SAM/MEADS
program, including a tentative schedule of major milestones
and an estimate of the total program cost through initial
operational capability.
(2) A report on the options associated with the use of
existing systems, technologies, and program management
mechanisms to satisfy the requirement for the Corps surface-
to-air missile, including an assessment of cost and schedule
implications in relation to the program estimate submitted
under paragraph (1).
(3) A certification that there will be no increase in
overall United States funding commitment to the project
definition and validation phase of the Corps SAM/MEADS
program as a result of the withdrawal of France from
participation in the program.
SEC. 242. CERTIFICATION OF CAPABILITY OF UNITED STATES TO
DEFEND AGAINST SINGLE BALLISTIC MISSILE.
Not later than 15 days after the date of the enactment of
this Act, the President shall
[[Page 1924]]
submit to Congress a certification in writing stating
specifically whether or not the United States has the
military capability (as of the time of the certification) to
intercept and destroy a single ballistic missile launched at
the territory of the United States.
SEC. 243. REPORT ON BALLISTIC MISSILE DEFENSE AND
PROLIFERATION.
The Secretary of Defense shall submit to Congress a report
on ballistic missile defense and the proliferation of weapons
of mass destruction, including nuclear, chemical, and
biological weapons, and the missiles that can be used to
deliver them. The report shall be submitted not later than
December 31, 1996, and shall include the following:
(1) An assessment of how United States theater missile
defenses contribute to United States efforts to prevent
proliferation, including an evaluation of the specific effect
United States theater missile defense systems can have on
dissuading other states from acquiring ballistic missiles.
(2) An assessment of how United States national missile
defenses contribute to United States efforts to prevent
proliferation.
(3) An assessment of the effect of the lack of national
missile defenses on the desire of other states to acquire
ballistic missiles and an evaluation of the types of missiles
other states might seek to acquire as a result.
(4) A detailed review of the linkages between missile
defenses (both theater and national) and each of the
categories of counterproliferation activities identified by
the Secretary of Defense as part of the Defense
Counterproliferation Initiative announced by the Secretary in
December 1993.
(5) A description of how theater and national ballistic
missile defenses can augment the effectiveness of other
counterproliferation tools.
SEC. 244. REVISION TO ANNUAL REPORT ON BALLISTIC MISSILE
DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note) is
amended--
(1) by striking out paragraphs (3), (4), and (10);
(2) by redesignating paragraphs (5) and (6) as paragraphs
(3) and (4), respectively;
(3) by redesignating paragraph (7) as paragraph (5) and in
that paragraph by striking out ``of the Soviet Union'' and
``for the Soviet Union'';
(4) by redesignating paragraph (8) as paragraph (6); and
(5) by redesignating paragraph (9) as paragraph (7) and in
that paragraph--
(A) by striking out ``of the Soviet Union'' in subparagraph
(A);
(B) by striking out subparagraphs (C) through (F); and
(C) by redesignating subparagraph (G) as subparagraph (C).
SEC. 245. REPORT ON AIR FORCE NATIONAL MISSILE DEFENSE PLAN.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the following matters regarding the National Missile
Defense Plan of the Air Force:
(1) The cost and operational effectiveness of a system that
could be developed pursuant to that plan.
(2) The arms control implications of such a system.
(3) The growth potential of such a system to meet future
threats.
(4) The recommendations of the Secretary for improvements
to that plan.
SEC. 246. CAPABILITY OF NATIONAL MISSILE DEFENSE SYSTEM.
The Secretary of Defense shall ensure that any National
Missile Defense system deployed by the United States is
capable of defeating the threat posed by the Taepo Dong II
missile of North Korea.
SEC. 247. ACTIONS TO LIMIT ADVERSE EFFECTS ON PRIVATE SECTOR
EMPLOYMENT OF ESTABLISHMENT OF NATIONAL MISSILE
DEFENSE JOINT PROGRAM OFFICE.
The Secretary of Defense shall take such actions as are
necessary in connection with the establishment of the
National Missile Defense Joint Program Office within the
Ballistic Missile Defense Organization to ensure that the
establishment of that office does not make it necessary for a
Federal Government contractor to reduce significantly the
number of persons employed by that contractor for supporting
the national missile defense development program at any
particular location outside the National Capital Region (as
defined in section 2674(f)(2) of title 10, United States
Code).
SEC. 248. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty''
means the Treaty Between the United States of America and the
Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems, and signed at Moscow on May
26, 1972, and includes the Protocols to that Treaty, signed
at Moscow on July 3, 1974.
Subtitle D--Other Matters
SEC. 261. MAINTENANCE AND REPAIR AT AIR FORCE INSTALLATIONS.
(a) Allocation of Funds.--The Secretary of the Air Force
shall allocate funds authorized to be appropriated by this
title and title III of this Act for maintenance and repair of
real property at military installations of the Department of
the Air Force without regard to whether the installation is
supported with funds authorized by this title or title III of
this Act.
(b) Mixing of Funds Prohibited on Individual Projects.--The
Secretary of the Air Force may not combine funds authorized
to be appropriated by this title and funds authorized to be
appropriated by title III for an individual project for
maintenance and repair of real property at a military
installation of the Department of the Air Force.
SEC. 262. REPORT RELATING TO SMALL BUSINESS INNOVATION
RESEARCH PROGRAM.
Not later than March 30, 1997, the Comptroller General
shall submit to Congress and to the Secretary of Defense a
report setting forth the following with respect to the Small
Business Innovation Research Program (as defined by section
2491(11) of title 10, United States Code):
(1) An assessment of whether there has been a demonstrable
reduction in the quality of research performed under funding
agreements awarded by the Department of Defense under the
program since fiscal year 1995.
(2) An assessment of the degree to which competitive
procedures are being followed throughout the military
departments and defense agencies in awarding funding
agreements under the program.
(3) An assessment of the degree to which technologies
developed through the program are or are likely to be used in
military projects and programs.
SEC. 263. AMENDMENT TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802(c) of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701; 10
U.S.C. 2358 note) is amended by striking out ``fiscal years
before the fiscal year in which the institution submits a
proposal'' and inserting in lieu thereof ``most recent fiscal
years for which complete statistics are available when
proposals are requested''.
SEC. 264. AMENDMENTS TO DEFENSE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.
Section 257(d) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2705; 10
U.S.C. 2358 note) is amended--
(1) in paragraph (1)--
(A) by striking out ``Director of the National Science
Foundation'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology''; and
(B) by striking out ``and shall notify the Director of
Defense Research and Engineering of the States so
designated''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking out ``Director of the National Science
Foundation'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology''; and
(ii) by striking out ``as determined by the Director'' and
inserting in lieu thereof ``as determined by the Under
Secretary'';
(B) in subparagraph (A), by striking out ``(to be
determined in consultation with the Secretary of Defense);''
and inserting in lieu thereof ``; and'';
(C) by striking out ``; and'' at the end of subparagraph
(B) and inserting in lieu thereof a period; and
(D) by striking out subparagraph (C).
SEC. 265. ELIMINATION OF REPORT ON THE USE OF COMPETITIVE
PROCEDURES FOR THE AWARD OF CERTAIN CONTRACTS
TO COLLEGES AND UNIVERSITIES.
Section 2361 of title 10, United States Code, is amended by
striking out subsection (c).
SEC. 266. PILOT PROGRAM FOR TRANSFER OF DEFENSE TECHNOLOGY
INFORMATION TO PRIVATE INDUSTRY.
(a) Program Required.--The Secretary of Defense shall carry
out a pilot program to demonstrate online transfers of
information on defense technologies to businesses in the
private sector through an interactive data network involving
Small Business Development Centers of institutions of higher
education.
(b) Computerized Data Base of Defense Technologies.--(1)
Under the pilot program, the Secretary shall enter into an
agreement with the head of an eligible institution of higher
education that provides for such institution--
(A) to develop and maintain a computerized data base of
information on defense technologies;
(B) to make such information available online to--
(i) businesses; and
(ii) other institutions of higher education entering into
partnerships with the Secretary under subsection (c).
(2) The online accessibility may be established by means of
any of, or any combination of, the following:
(A) Digital teleconferencing.
(B) International Signal Digital Network lines.
(C) Direct modem hookup.
(c) Partnership Network.--Under the pilot program, the
Secretary shall seek to enter into agreements with the heads
of several eligible institutions of higher education having
strong business education programs to provide for the
institutions of higher education entering into such
agreements--
(1) to establish interactive computer links with the data
base developed and maintained under subsection (b); and
(2) to assist the Secretary in making information on
defense technologies available online to the broadest
practicable number, types, and sizes of businesses.
(d) Eligible Institutions.--For the purposes of this
section, an institution of higher
[[Page 1925]]
education is eligible to enter into an agreement under
subsection (b) or (c) if the institution has a Small Business
Development Center.
(e) Defense Technologies Covered.--(1) The Secretary shall
designate the technologies to be covered by the pilot program
from among the existing and experimental technologies that
the Secretary determines--
(A) are useful in meeting Department of Defense needs; and
(B) should be made available under the pilot program to
facilitate the satisfaction of such needs by private sector
sources.
(2) Technologies covered by the program should include
technologies useful for defense purposes that can also be
used for nondefense purposes (without or without
modification).
(f) Definitions.--In this section:
(1) The term ``Small Business Development Center'' means a
small business development center established pursuant to
section 21 of the Small Business Act (15 U.S.C. 648).
(2) The term ``defense technology'' means a technology
designated by the Secretary of Defense under subsection (d).
(3) The term ``partnership'' means an agreement entered
into under subsection (c).
(g) Termination of Pilot Program.--The pilot program shall
terminate one year after the Secretary enters into an
agreement under subsection (b).
(h) Authorization of Appropriations.--Of the amount
authorized to be appropriated under section 201(4) for
university research initiatives, $3,000,000 is available for
the pilot program.
SEC. 267. RESEARCH UNDER TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS.
(a) Conditions for Use of Authority.--Subsection (e) of
section 2371 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (A), as so redesignated;
(3) by striking out ``; and'' at the end of subparagraph
(B), as so redesignated, and inserting in lieu thereof a
period;
(4) by inserting ``(1)'' after ``(e) Conditions.--''; and
(5) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(2) A cooperative agreement containing a clause under
subsection (d) or a transaction authorized by subsection (a)
may be used for a research project when the use of a standard
contract, grant, or cooperative agreement for such project is
not feasible or appropriate.''.
(b) Revised Requirement for Annual Report.--Section 2371 of
such title is amended by striking out subsection (h) and
inserting in lieu thereof the following:
``(h) Annual Report.--(1) Not later than 90 days after the
end of each fiscal year, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report on the use by the Department of
Defense during such fiscal year of--
``(A) cooperative agreements authorized under section 2358
of this title that contain a clause under subsection (d); and
``(B) transactions authorized by subsection (a).
``(2) The report shall include, with respect to the
cooperative agreements and other transactions covered by the
report, the following:
``(A) The technology areas in which research projects were
conducted under such agreements or other transactions.
``(B) The extent of the cost-sharing among Federal
Government and non-Federal sources.
``(C) The extent to which the use of the cooperative
agreements and other transactions--
``(i) has contributed to a broadening of the technology and
industrial base available for meeting Department of Defense
needs; and
``(ii) has fostered within the technology and industrial
base new relationships and practices that support the
national security of the United States.
``(D) The total amount of payments, if any, that were
received by the Federal Government during the fiscal year
covered by the report pursuant to a clause described in
subsection (d) that was included in the cooperative
agreements and other transactions, and the amount of such
payments, if any, that were credited to each account
established under subsection (f).''.
(c) Division of Section Into Distinct Provisions by Subject
Matter.--(1) Chapter 139 of title 10, United States Code, is
amended--
(A) by inserting before the last subsection of section 2371
(relating to cooperative research and development agreements
under the Stevenson-Wydler Technology Innovation Act of 1980)
the following:
``Sec. 2371a. Cooperative research and development agreements
under Stevenson-Wydler Technology Innovation Act of 1980'';
(B) in section 2371a (as designated by the amendment made
by subparagraph (A)), by striking out ``(i) Cooperative
Research and Development Agreements Under Stevenson-Wydler
Technology Innovation Act of 1980.--''; and
(C) in the table of sections at the beginning of such
chapter, by inserting after the item relating to section 2371
the following:
``2371a. Cooperative research and development agreements under
Stevenson-Wydler Technology Innovation Act of 1980.''.
(2) Section 2358(d) of such title is amended by striking
out ``section 2371'' and inserting in lieu thereof ``sections
2371 and 2371a''.
SEC. 268. DESALTING TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) Access to scarce fresh water is likely to be a cause of
future military conflicts in the Middle East and has a direct
impact on stability and security in the region.
(2) The Middle East is an area of vital and strategic
importance to the United States.
(3) The United States has played a military role in the
Middle East, most recently in the Persian Gulf War, and may
likely be called upon again to deter aggression in the
region.
(4) United States troops have used desalting technologies
to guarantee the availability of fresh water in past
deployments in the Middle East.
(5) Adequate, efficient, and cheap access to high-quality
fresh water will be vital to maintaining the readiness and
sustainability of troops of both the United States and its
allies.
(b) Sense of Congress.--It is the sense of Congress that,
as improved access to fresh water will be an important factor
in helping prevent future conflicts in the Middle East, the
United States should, in cooperation with its allies, promote
and invest in technologies to reduce the costs of converting
saline water into fresh water.
(c) Funding for Research and Development.--Of the amounts
authorized to be appropriated by this title, the Secretary
shall place greater emphasis on making funds available for
research and development into efficient and economical
processes and methods for converting saline water into fresh
water.
SEC. 269. EVALUATION OF DIGITAL VIDEO NETWORK EQUIPMENT USED
IN OLYMPIC GAMES.
(a) Evaluation.--The Secretary of Defense shall evaluate
the digital video network equipment used in the 1996 Olympic
games to determine whether such equipment would be the most
appropriate equipment for use as a test bed for the military
application of commercial off-the-shelf advanced technology
linking multiple continents, multiple satellites, and
multiple theaters of operations by compressed digital audio
and visual broadcasting technology.
(b) Report.--Not later than April 1, 1997, the Secretary of
Defense shall submit to Congress a report on the results of
the evaluation conducted under subsection (a).
SEC. 270. ANNUAL JOINT WARFIGHTING SCIENCE AND TECHNOLOGY
PLAN.
(a) Annual Plan Required.--On March 1 of each year, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a plan for ensuring that the
science and technology program of the Department of Defense
supports the development of the future joint warfighting
capabilities identified as priority requirements for the
Armed Forces.
(b) First Plan.--The first plan under subsection (a) shall
be submitted not later than March 1, 1997.
Subtitle E--National Oceanographic Partnership Program
SEC. 281. FINDINGS.
Congress finds the following:
(1) The oceans and coastal areas of the United States are
among the Nation's most valuable natural resources, making
substantial contributions to economic growth, quality of
life, and national security.
(2) Oceans drive global and regional climate. Hence, they
contain information affecting agriculture, fishing, and the
prediction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and
protecting their limited resources. Therefore, the United
States should maintain its world leadership in oceanography
as one key to its competitive future.
(4) Ocean research and education activities take place
within Federal agencies, academic institutions, and industry.
These entities often have similar requirements for research
facilities, data, and other resources (such as oceanographic
research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in
the ocean sciences and education, so that optimal use can be
made of this most important natural resource for the well-
being of all Americans.
SEC. 282. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Program Required.--(1) Subtitle C of title 10, United
States Code, is amended by adding after chapter 663 the
following new chapter:
``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Ocean Research Advisory Panel.
``Sec. 7901. National Oceanographic Partnership Program
``(a) Establishment.--The Secretary of the Navy shall
establish a program to be known as the `National
Oceanographic Partnership Program'.
[[Page 1926]]
``(b) Purposes.--The purposes of the program are as
follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality
of life, and strengthening science education and
communication through improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) identifying and carrying out partnerships among
Federal agencies, academia, industry, and other members of
the oceanographic scientific community in the areas of data,
resources, education, and communication; and
``(B) reporting annually to Congress on the program.
``Sec. 7902. National Ocean Research Leadership Council
``(a) Council.--There is a National Ocean Research
Leadership Council (hereinafter in this chapter referred to
as the `Council').
``(b) Membership.--The Council is composed of the following
members:
``(1) The Secretary of the Navy.
``(2) The Administrator of the National Oceanic and
Atmospheric Administration.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The Deputy Secretary of Energy.
``(6) The Administrator of the Environmental Protection
Agency.
``(7) The Commandant of the Coast Guard.
``(8) The Director of the Geological Survey of the
Department of the Interior.
``(9) The Director of the Defense Advanced Research
Projects Agency.
``(10) The Director of the Minerals Management Service of
the Department of the Interior.
``(11) The President of the National Academy of Sciences,
the President of the National Academy of Engineering, and the
President of the Institute of Medicine.
``(12) The Director of the Office of Science and
Technology.
``(13) The Director of the Office of Management and Budget.
``(14) One member appointed by the chairman from among
individuals who will represent the views of ocean industries.
``(15) One member appointed by the chairman from among
individuals who will represent the views of State
governments.
``(16) One member appointed by the chairman from among
individuals who will represent the views of academia.
``(17) One member appointed by the chairman from among
individuals who will represent such other views as the
chairman considers appropriate.
``(c) Chairman and Vice Chairman.--(1) Except as provided
in paragraph (2), the chairman and vice chairman of the
Council shall be appointed every two years by a selection
committee of the Council composed of, at a minimum, the
Secretary of the Navy, the Administrator of the National
Oceanic and Atmospheric Administration, and the Director of
the National Science Foundation. The term of office of the
chairman and vice chairman shall be two years. A person who
has previously served as chairman or vice chairman may be
reappointed.
``(2) The first chairman of the Council shall be the
Secretary of the Navy. The first vice chairman of the Council
shall be the Administrator of the National Oceanic and
Atmospheric Administration.
``(d) Term of Office.--The term of office of a member of
the Council appointed under paragraph (14), (15), (16), or
(17) of subsection (b) shall be two years, except that any
person appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
``(e) Responsibilities.--The Council shall have the
following responsibilities:
``(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
``(2) To review, select, and identify and allocate funds
for partnership projects for implementation under the
program, based on the following criteria:
``(A) Whether the project addresses critical research
objectives or operational goals, such as data accessibility
and quality assurance, sharing of resources, education, or
communication.
``(B) Whether the project has, or is designed to have,
broad participation within the oceanographic community.
``(C) Whether the partners have a long-term commitment to
the objectives of the project.
``(D) Whether the resources supporting the project are
shared among the partners.
``(E) Whether the project has been subjected to adequate
peer review.
``(3) To assess whether there is a need for a facility (or
facilities) to provide national centralization of
oceanographic data, and to establish such a facility or
facilities if determined necessary. In conducting the
assessment, the Council shall review, at a minimum, the
following:
``(A) The need for a national oceanographic data center.
``(B) The need for a national coastal data center.
``(C) Accessibility by potential users of such centers.
``(D) Preexisting facilities and expertise.
``(f) Annual Report.--Not later than March 1 of each year,
the Council shall submit to Congress a report on the National
Oceanographic Partnership Program. The report shall contain
the following:
``(1) A description of activities of the program carried
out during the fiscal year before the fiscal year in which
the report is prepared, together with a list of the members
of the Ocean Research Advisory Panel and any working groups
in existence during the fiscal year covered.
``(2) A general outline of the activities planned for the
program during the fiscal year in which the report is
prepared.
``(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in
which the report is prepared and during the following fiscal
year.
``(4) A description of the involvement of the program with
Federal interagency coordinating entities.
``(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31, for the
fiscal year following the fiscal year in which the report is
prepared, for the programs, projects, and activities of the
program and the estimated expenditures under such programs,
projects, and activities during such following fiscal year.
``(g) Partnership Program Office.--(1) The Council shall
establish a partnership program office for the National
Oceanographic Partnership Program. The Council shall use
competitive procedures in selecting an operator for the
partnership program office.
``(2) The Council shall assign the following duties to the
partnership program office:
``(A) To establish and oversee working groups to propose
partnership projects to the Council and advise the Council on
such projects.
``(B) To manage the process for proposing partnership
projects to the Council, including managing peer review of
such projects.
``(C) To submit to the Council an annual report on the
status of all partnership projects and activities of the
office.
``(D) Any additional duties for the administration of the
National Oceanographic Partnership Program that the Council
considers appropriate.
``(3) The Council shall supervise the performance of duties
by the partnership program office.
``(h) Contract and Grant Authority.--The Council may
authorize one or more of the departments or agencies
represented on the Council to enter into contracts and make
grants, using funds appropriated pursuant to an authorization
of appropriations for the National Oceanographic Partnership
Program, for the purpose of implementing the program and
carrying out the responsibilities of the Council.
``(i) Establishment and Forms of Partnership Projects.--(1)
A partnership project under the National Oceanographic
Partnership Program may be established by any instrument that
the Council considers appropriate, including a memorandum of
understanding, a cooperative research and development
agreement, and any similar instrument.
``(2) Projects under the program may include demonstration
projects.
``Sec. 7903. Ocean Research Advisory Panel
``(a) Establishment.--The Council shall establish an Ocean
Research Advisory Panel consisting of not less than 10 and
not more than 18 members appointed by the Council from among
persons eminent in the fields of marine science or marine
policy, or related fields, and who are representative, at a
minimum, of the interests of government, academia, and
industry.
``(b) Responsibilities.--The Council shall assign to the
Advisory Panel responsibilities that the Council considers
appropriate.''.
(2) The table of chapters at the beginning of subtitle C of
title 10, United States Code, and the table of chapters at
the beginning of part IV of such subtitle, are each amended
by inserting after the item relating to chapter 663 the
following:
``665. National Oceanographic Partnership Program...........7901''.....
(b) Initial Appointments of Council Members.--The Secretary
of the Navy shall make the appointments required by section
7902(b) of title 10, United States Code, as added by
subsection (a)(1), not later than December 1, 1996.
(c) Initial Appointments of Advisory Panel Members.--The
National Ocean Research Leadership Council established by
section 7902 of title 10, United States Code, as added by
subsection (a)(1), shall make the appointments required by
section 7903 of such title not later than January 1, 1997.
(d) First Annual Report of National Ocean Research
Leadership Council.--The first annual report required by
section 7902(f) of title 10, United States Code, as added by
subsection (a)(1), shall be submitted to Congress not later
than March 1, 1997. The first report shall include, in
addition to the information required by such section,
information about the terms of office, procedures, and
responsibilities of the Ocean Research Advisory Panel
established by the Council.
(e) Authorization.--(1) Of the amount authorized to be
appropriated to the Department of the Navy by section 201(2),
$13,000,000 shall be available for the National Oceanographic
Partnership Program established pursuant to section 7901 of
title 10, United States Code, as added by subsection (a)(1).
(2) Of the amount authorized to be appropriated to the
Department of the Navy by section 301(2), $7,500,000 shall be
available for such program.
(f) Funding for Program Office.--Of the amount appropriated
for the National Ocean
[[Page 1927]]
ographic Partnership Program for fiscal year 1997, at least
$500,000, or 3 percent of the amount appropriated, whichever
is greater, shall be available for operations of the
partnership program office established pursuant to section
7902(g) of title 10, United States Code, as added by
subsection (a)(1), for such fiscal year.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol Corporation.
Sec. 306. Availability of additional funds for antiterrorism
activities.
Sec. 307. Nonlethal weapons capabilities.
Sec. 308. SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
Sec. 311. Extension of authority for aviation depots and naval
shipyards to engage in defense-related production and
services.
Sec. 312. Test programs for modernization-through-spares.
Subtitle C--Environmental Provisions
Sec. 321. Defense contractors covered by requirement for reports on
contractor reimbursement costs for response actions.
Sec. 322. Establishment of separate environmental restoration accounts
for each military department.
Sec. 323. Payment of stipulated penalties assessed under CERCLA.
Sec. 324. Shipboard solid waste control.
Sec. 325. Authority to develop and implement land use plans for defense
environmental restoration program.
Sec. 326. Pilot program to test alternative technology for limiting air
emissions during shipyard blasting and coating
operations.
Sec. 327. Agreements for services of other agencies in support of
environmental technology certification.
Sec. 328. Repeal of redundant notification and consultation
requirements regarding remedial investigations and
feasibility studies at certain installations to be closed
under the base closure laws.
Sec. 329. Authority for agreements with Indian tribes for services
under environmental restoration program.
Sec. 330. Authority to withhold listing of Federal facilities on
National Priorities List.
Sec. 331. Clarification of meaning of uncontaminated property for
purposes of transfer by the United States.
Sec. 332. Conservation and cultural activities.
Sec. 333. Navy program to monitor ecological effects of organotin.
Sec. 334. Authority to transfer contaminated Federal property before
completion of required response actions.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Contracts with other agencies to provide or obtain goods and
services to promote efficient operation and management of
exchanges and morale, welfare, and recreation activities.
Sec. 342. Noncompetitive procurement of brand-name commercial items for
resale in commissary stores.
Sec. 343. Prohibition of sale or rental of sexually explicit material.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Extension of requirement for competitive procurement of
printing and duplication services.
Sec. 352. Reporting requirements under demonstration project for
purchase of fire, security, police, public works, and
utility services from local government agencies.
Subtitle F--Other Matters
Sec. 361. Authority for use of appropriated funds for recruiting
functions.
Sec. 362. Training of members of the uniformed services at non-
government facilities.
Sec. 363. Requirement for preparation of plan for improved operation of
working-capital funds and effect of failure to produce an
approved plan.
Sec. 364. Increase in capital asset threshold under Defense Business
Operations Fund.
Sec. 365. Expansion of authority to donate unusable food.
Sec. 366. Assistance to committees involved in inauguration of the
President.
Sec. 367. Department of Defense support for sporting events.
Sec. 368. Storage of motor vehicle in lieu of transportation.
Sec. 369. Security protections at Department of Defense facilities in
National Capital Region.
Sec. 370. Administration of midshipmen's store and other naval academy
support activities as nonappropriated fund
instrumentality.
Sec. 371. Reimbursement under agreement for instruction of civilian
students at Foreign Language Institute of the Defense
Language Institute.
Sec. 372. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 373. Renovation of building for Defense Finance and Accounting
Service Center, Fort Benjamin Harrison, Indiana.
Sec. 374. Food donation pilot program at service academies.
Sec. 375. Authority of Air National Guard to provide certain services
at Lincoln Municipal Airport, Lincoln, Nebraska.
Sec. 376. Technical amendment regarding Impact Aid program.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $18,264,406,000.
(2) For the Navy, $20,387,737,000.
(3) For the Marine Corps, $2,421,007,000.
(4) For the Air Force, $17,635,335,000.
(5) For Defense-wide activities, $9,912,962,000.
(6) For the Army Reserve, $1,136,436,000.
(7) For the Naval Reserve, $858,927,000.
(8) For the Marine Corps Reserve, $113,367,000.
(9) For the Air Force Reserve, $1,499,553,000.
(10) For the Army National Guard, $2,277,477,000.
(11) For the Air National Guard, $2,711,173,000.
(12) For the Defense Inspector General, $136,501,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,797,000.
(14) For Environmental Restoration, Army, $356,916,000.
(15) For Environmental Restoration, Navy, $302,900,000.
(16) For Environmental Restoration, Air Force,
$414,700,000.
(17) For Environmental Restoration, Defense-wide,
$258,500,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $54,544,000.
(19) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $796,524,000.
(20) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $10,000,000.
(21) For Medical Programs, Defense, $9,833,288,000.
(22) For Cooperative Threat Reduction programs,
$364,900,000.
(23) For Domestic Emergency Assistance programs,
$97,000,000.
(24) For OPLAN 34A-35 P.O.W. payments, $20,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Business Operations Fund, $947,900,000.
(2) For the National Defense Sealift Fund, $1,118,002,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1997 from the Armed Forces Retirement Home Trust Fund
the sum of $57,300,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 1997 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL CORPORATION.
(a) Funding.--Of the amount authorized to be appropriated
pursuant to section 301 for operation and maintenance,
$14,526,000 shall be available for the Civil Air Patrol
Corporation.
(b) Amount for Certain Operations.--Of the amount made
available to the Civil Air Patrol Corporation pursuant to
subsection (a), not less than 25 percent of such amount shall
be reserved to cover the costs of search and rescue missions
and disaster relief missions.
[[Page 1928]]
SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM
ACTIVITIES.
Of the amount authorized to be appropriated pursuant to
section 301 for operation and maintenance, $14,000,000 shall
be available to the Secretary of Defense for activities
designed to meet the antiterrorism responsibilities of the
Department of Defense, including activities related to
intelligence support, physical security measures, and
education and training regarding antiterrorism. The amount
made available by this section is in addition to amounts
otherwise made available by this Act for antiterrorism
activities.
SEC. 307. NONLETHAL WEAPONS CAPABILITIES.
Of the amount authorized to be appropriated pursuant to
section 301, $5,000,000 shall be available for the immediate
procurement of nonlethal weapons capabilities to meet
existing deficiencies in inventories of such capabilities, of
which--
(1) $2,000,000 shall be available for the Army; and
(2) $3,000,000 shall be available for the Marine Corps.
SEC. 308. SR-71 CONTINGENCY RECONNAISSANCE FORCE.
Of the funds authorized to be appropriated by section
301(4), $30,000,000 is authorized to be made available for
the SR-71 contingency reconnaissance force.
Subtitle B--Depot-Level Activities
SEC. 311. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is
amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 1997''.
SEC. 312. TEST PROGRAMS FOR MODERNIZATION-THROUGH-SPARES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on the steps that the Secretary has taken to ensure that each
program included in the modernization-through-spares program
of the Army is conducted in accordance with--
(1) the competition requirements in section 2304 of title
10, United States, Code;
(2) the core logistics requirements in section 2464 of such
title;
(3) the public-private competition requirements in section
2469 of such title; and
(4) requirements relating to contract bundling and spare
parts breakout in subsections (a) and (l) of section 15 of
the Small Business Act (15 U.S.C. 644) and regulations
implementing such subsections in the Defense Federal
Acquisition Regulation Supplement.
Subtitle C--Environmental Provisions
SEC. 321. DEFENSE CONTRACTORS COVERED BY REQUIREMENT FOR
REPORTS ON CONTRACTOR REIMBURSEMENT COSTS FOR
RESPONSE ACTIONS.
Section 2706(d)(1)(A) of title 10, United States Code, is
amended by striking out ``100'' and inserting in lieu thereof
``20''.
SEC. 322. ESTABLISHMENT OF SEPARATE ENVIRONMENTAL RESTORATION
ACCOUNTS FOR EACH MILITARY DEPARTMENT.
(a) Establishment.--(1) Section 2703 of title 10, United
States Code, is amended to read as follows:
``Sec. 2703. Environmental restoration accounts
``(a) Establishment of Accounts.--There are hereby
established in the Department of Defense the following
accounts:
``(1) An account to be known as the `Environmental
Restoration Account, Defense'.
``(2) An account to be known as the `Environmental
Restoration Account, Army'.
``(3) An account to be known as the `Environmental
Restoration Account, Navy'.
``(4) An account to be known as the `Environmental
Restoration Account, Air Force'.
``(b) Obligation of Authorized Amounts.--Funds authorized
for deposit in an account under subsection (a) may be
obligated or expended from the account only in order to carry
out the environmental restoration functions of the Secretary
of Defense and the Secretaries of the military departments
under this chapter and under any other provision of law.
Funds so authorized shall remain available until expended.
``(c) Budget Reports.--In proposing the budget for any
fiscal year pursuant to section 1105 of title 31, the
President shall set forth separately the amounts requested
for environmental restoration programs of the Department of
Defense and of each of the military departments under this
chapter and under any other Act.
``(d) Credit of Amounts Recovered.--The following amounts
shall be credited to the appropriate environmental
restoration account:
``(1) Amounts recovered under CERCLA for response actions.
``(2) Any other amounts recovered from a contractor,
insurer, surety, or other person to reimburse the Department
of Defense or a military department for any expenditure for
environmental response activities.
``(e) Payments of Fines and Penalties.--None of the funds
appropriated to the Environmental Restoration Account,
Defense, for fiscal years 1995 through 1999, or to any
environmental restoration account of a military department
for fiscal years 1997 through 1999, may be used for the
payment of a fine or penalty (including any supplemental
environmental project carried out as part of such penalty)
imposed against the Department of Defense or a military
department unless the act or omission for which the fine or
penalty is imposed arises out of an activity funded by the
environmental restoration account concerned and the payment
of the fine or penalty has been specifically authorized by
law.''.
(2) The table of sections at the beginning of chapter 160
of title 10, United States Code, is amended by striking out
the item relating to section 2703 and inserting in lieu
thereof the following new item:
``2703. Environmental restoration accounts.''.
(b) References.--Any reference to the Defense Environmental
Restoration Account in any Federal law, Executive Order,
regulation, delegation of authority, or document shall be
deemed to refer to the appropriate environmental restoration
account established under section 2703(a)(1) of title 10,
United States Code (as amended by subsection (a)(1)).
(c) Conforming Amendment.--Section 2705(g)(1) of title 10,
United States Code, is amended by striking out ``the Defense
Environmental Restoration Account established'' and inserting
in lieu thereof ``the environmental restoration account
concerned''.
(d) Treatment of Unobligated Balances.--Any unobligated
balances that remain in the Defense Environmental Restoration
Account under section 2703(a) of title 10, United States
Code, as of the effective date specified in subsection (e)
shall be transferred on such date to the Environmental
Restoration Account, Defense, established under section
2703(a)(1) of title 10, United States Code (as amended by
subsection (a)(1)).
(e) Effective Date.--The amendments made by this section
shall take effect on the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
SEC. 323. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER
CERCLA.
(a) Authority.--The Secretary of Defense may pay the
following:
(1) Stipulated civil penalties, to the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986, in amounts, and using funds, as
follows:
(A) Using funds authorized to be appropriated to the
Environmental Restoration Account, Army, established under
section 2703(a)(2) of title 10, United States Code (as
amended by section 322 of this Act)--
(i) not more than $34,000 assessed against Fort Riley,
Kansas, under CERCLA; and
(ii) not more than $37,500 assessed against Lake City Army
Ammunition Plant, Missouri, under CERCLA.
(B) Using funds authorized to be appropriated to the
Environmental Restoration Account, Navy, established under
section 2703(a)(3) of that title, as so amended, not more
than $30,000 assessed against the Naval Education and
Training Center, Newport, Rhode Island, under CERCLA.
(C) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of that title, as so amended--
(i) not more than $55,000 assessed against the
Massachusetts Military Reservation, Massachusetts, under
CERCLA; and
(ii) not more than $10,000 assessed against F.E. Warren Air
Force Base, Wyoming, under CERCLA.
(2) Using funds authorized to be appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of that title, as so amended, not
more than $500,000 to carry out one environmental restoration
project, as part of a negotiated agreement in lieu of
stipulated penalties assessed under CERCLA against the
Massachusetts Military Reservation, Massachusetts.
(b) CERCLA Defined.--In this section, the term ``CERCLA''
means the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 324. SHIPBOARD SOLID WASTE CONTROL.
(a) In General.--Section 3(c) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902(c)) is amended--
(1) in paragraph (1), by striking out ``Not later than''
and inserting in lieu thereof ``Except as provided in
paragraphs (2) and (3), not later than''; and
(2) by striking out paragraphs (2), (3), and (4) and
inserting in lieu thereof the following:
``(2)(A) Subject to subparagraph (B), any ship described in
subparagraph (C) may discharge, without regard to the special
area requirements of Regulation 5 of Annex V to the
Convention, the following non-plastic, non-floating garbage:
``(i) A slurry of seawater, paper, cardboard, or food waste
that is capable of passing through a screen with openings no
larger than 12 millimeters in diameter.
``(ii) Metal and glass that have been shredded and bagged
so as to ensure negative buoyancy.
``(B)(i) Garbage described in subparagraph (A)(i) may not
be discharged within 3 nautical miles of land.
``(ii) Garbage described in subparagraph (A)(ii) may not be
discharged within 12 nautical miles of land.
``(C) This paragraph applies to any ship that is owned or
operated by the Department of the Navy that, as determined by
the Secretary of the Navy--
``(i) has unique military design, construction, manning, or
operating requirements; and
``(ii) cannot fully comply with the special area
requirements of Regulation 5 of Annex
[[Page 1929]]
V to the Convention because compliance is not technologically
feasible or would impair the operations or operational
capability of the ship.
``(3)(A) Not later than December 31, 2000, the Secretary of
the Navy shall prescribe and publish in the Federal Register
standards to ensure that each ship described in subparagraph
(B) is, to the maximum extent practicable without impairing
the operations or operational capabilities of the ship,
operated in a manner that is consistent with the special area
requirements of Regulation 5 of Annex V to the Convention.
``(B) Subparagraph (A) applies to surface ships that are
owned or operated by the Department of the Navy that the
Secretary plans to decommission during the period beginning
on January 1, 2001, and ending on December 31, 2005.
``(C) At the same time that the Secretary publishes
standards under subparagraph (A), the Secretary shall publish
in the Federal Register a list of the ships covered by
subparagraph (B).''.
(b) Sense of Congress.--(1) It is the sense of Congress
that it should be an objective of the Navy to achieve full
compliance with Annex V to the Convention as part of the
Navy's development of ships that are environmentally sound.
(2) In this subsection, the terms ``Convention'' and
``ship'' have the meanings given such terms in section 2(a)
of the Act to Prevent Pollution from Ships (33 U.S.C.
1901(a)).
(c) Report on Compliance with Annex V to the Convention.--
The Secretary of Defense shall include in each report on
environmental compliance activities submitted to Congress
under section 2706(b) of title 10, United States Code, the
following information:
(1) A list of the ship types, if any, for which the
Secretary of the Navy has made the determination referred to
in paragraph (2)(C) of section 3(c) of the Act to Prevent
Pollution from Ships, as amended by subsection (a)(2) of this
section.
(2) A list of ship types which the Secretary of the Navy
has determined can comply with Regulation 5 of Annex V to the
Convention.
(3) A summary of the progress made by the Navy in
implementing the requirements of paragraphs (2) and (3) of
such section 3(c), as so amended.
(4) A description of any emerging technologies offering the
potential to achieve full compliance with Regulation 5 of
Annex V to the Convention.
(5) The amount and nature of the discharges in special
areas, not otherwise authorized under the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.), during the
preceding year from ships referred to in section 3(b)(1)(A)
of such Act owned or operated by the Department of the Navy.
(d) Publication Regarding Special Area Discharges.--
Subparagraph (A) of section 3(e)(4) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902(e)(4)) is amended to
read as follows:
``(A) Each year, the amount and nature of the discharges in
special areas, not otherwise authorized under this Act,
during the preceding year from ships referred to in
subsection (b)(1)(A) of this section owned or operated by the
Department of the Navy.''.
SEC. 325. AUTHORITY TO DEVELOP AND IMPLEMENT LAND USE PLANS
FOR DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.
(a) Authority.--The Secretary of Defense may, to the extent
possible and practical, develop and implement, as part of the
Defense Environmental Restoration Program provided for in
chapter 160 of title 10, United States Code, a land use plan
for any defense site selected by the Secretary under
subsection (b).
(b) Selection of Sites.--The Secretary may select up to 10
defense sites, from among sites where the Secretary is
planning or implementing environmental restoration
activities, for which land use plans may be developed under
this section.
(c) Requirement to Consult with Review Committee or
Advisory Board.--In developing a land use plan under this
section, the Secretary shall consult with a technical review
committee established pursuant to section 2705(c) of title
10, United States Code, a restoration advisory board
established pursuant to section 2705(d) of such title, a
local land use redevelopment authority, or another
appropriate State agency.
(d) 50-Year Planning Period.--A land use plan developed
under this section shall cover a period of at least 50 years.
(e) Implementation.--For each defense site for which the
Secretary develops a land use plan under this section, the
Secretary shall take into account the land use plan in
selecting and implementing, in accordance with applicable
law, environmental restoration activities at the site.
(f) Deadlines.--For each defense site for which the
Secretary intends to develop a land use plan under this
section, the Secretary shall develop a draft land use plan by
October 1, 1997, and a final land use plan by March 15, 1998.
(g) Definition of Defense Site.--For purposes of this
section, the term ``defense site'' means (A) any building,
structure, installation, equipment, pipe or pipeline
(including any pipe into a sewer or publicly owned treatment
works), well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling stock, or
aircraft under the jurisdiction of the Department of Defense,
or (B) any site or area under the jurisdiction of the
Department of Defense where a hazardous substance has been
deposited, stored, disposed of, or placed, or otherwise come
to be located; but does not include any consumer product in
consumer use or any vessel.
(h) Report.--In the annual report required under section
2706(a) of title 10, United States Code, the Secretary shall
include information on the land use plans developed under
this section and the effect such plans have had on
environmental restoration activities at the defense sites
where they have been implemented. The annual report submitted
in 1999 shall include recommendations on whether such land
use plans should be developed and implemented throughout the
Department of Defense.
(i) Savings Provisions.--(1) Nothing in this section, or
in a land use plan developed under this section with respect
to a defense site, shall be construed as requiring any
modification to a land use plan that was developed before the
date of the enactment of this Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration or
waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory
environmental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this
section be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 326. PILOT PROGRAM TO TEST ALTERNATIVE TECHNOLOGY FOR
LIMITING AIR EMISSIONS DURING SHIPYARD BLASTING
AND COATING OPERATIONS.
(a) Determination by Secretary of the Navy.--(1) The
Secretary of the Navy shall make a determination whether the
alternative technology described in paragraph (2) has the
clear potential for significant benefit to the Navy. The
Secretary shall submit to Congress a notification in writing
of the determination not later than 60 days after the date of
the enactment of this Act.
(2) The technology referred to in paragraph (1) is an
alternative technology designed to capture and destroy or
remove particulate emissions and volatile air pollutants that
occur during abrasive blasting and coating operations at
naval shipyards.
(b) Pilot Program.--If the determination made under
subsection (a)(1) is in the affirmative, the Secretary shall
establish a pilot program to test the alternative technology.
In conducting the test, the Secretary shall seek to
demonstrate whether the technology is valid, cost effective,
and in compliance with environmental laws and regulations.
(c) Report.--Upon completion of the test conducted under
the pilot program, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
setting forth in detail the results of the test. The report
shall include recommendations on whether the alternative
technology merits implementation at naval shipyards and such
other recommendations as the Secretary considers appropriate.
SEC. 327. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN
SUPPORT OF ENVIRONMENTAL TECHNOLOGY
CERTIFICATION.
(a) Authority.--Subject to subsection (b), the Secretary of
Defense may enter into a cooperative agreement with an agency
of a State or local government to obtain assistance in
certifying environmental technologies.
(b) Limitations.--The Secretary of Defense may enter into a
cooperative agreement with respect to an environmental
technology under subsection (a) only if the Secretary
determines--
(1) that the technology has clear potential to be of
significant value to the Department of Defense in carrying
out its environmental restoration activities; and
(2) that there is no reasonably available market in the
private sector for the technology without a certification by
the Department of Defense, the Environmental Protection
Agency, or a State environmental agency.
(c) Types of Assistance.-- The types of assistance that may
be obtained under subsection (a) include the following:
(1) Data collection and analysis.
(2) Technical assistance in conducting a demonstration of
an environmental technology, including the implementation of
quality assurance and quality control programs.
(d) Report.--In the annual report required under section
2706(a) of title 10, United States Code, the Secretary of
Defense shall include the following information with respect
to cooperative agreements entered into under this section:
(1) The number of such agreements.
(2) The number of States in which such agreements have been
entered into.
(3) A description of the nature of the technology involved
in each such agreement.
(4) The amount of funds obligated or expended by the
Department of Defense for each such agreement during the year
covered by the report.
(e) Termination of Authority.--The authority provided under
subsection (a) shall terminate five years after the date of
the enactment of this Act.
[[Page 1930]]
SEC. 328. REPEAL OF REDUNDANT NOTIFICATION AND CONSULTATION
REQUIREMENTS REGARDING REMEDIAL INVESTIGATIONS
AND FEASIBILITY STUDIES AT CERTAIN
INSTALLATIONS TO BE CLOSED UNDER THE BASE
CLOSURE LAWS.
Section 334 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1340; 10 U.S.C. 2687 note) is repealed.
SEC. 329. AUTHORITY FOR AGREEMENTS WITH INDIAN TRIBES FOR
SERVICES UNDER ENVIRONMENTAL RESTORATION
PROGRAM.
Section 2701(d) of title 10, United States Code, is
amended--
(1) in the first sentence of paragraph (1), by striking out
``, or with any State or local government agency,'' and
inserting in lieu thereof ``, with any State or local
government agency, or with any Indian tribe,''; and
(2) by adding at the end the following:
``(3) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 101(36) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(36)).''.
SEC. 330. AUTHORITY TO WITHHOLD LISTING OF FEDERAL FACILITIES
ON NATIONAL PRIORITIES LIST.
Section 120(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d))
is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking out ``Not later than 18 months after the
enactment of the Superfund Amendments and Reauthorization Act
of 1986, the Administrator'' and inserting in lieu thereof
the following:
``(1) In general.--The Administrator'';
(3) by moving the remainder of the text of paragraph (1),
as designated by paragraph (2) of this section (including
subparagraphs (A) and (B), as redesignated by paragraph (1)
of this section) 2 ems to the right; and
(4) by striking out ``Such criteria'' and all that follows
through the end of the subsection and inserting in lieu
thereof the following:
``(2) Application of criteria.--
``(A) In general.--Subject to subparagraph (B), the
criteria referred to in paragraph (1) shall be applied in the
same manner as the criteria are applied to facilities that
are owned or operated by persons other than the United
States.
``(B) Response under other law.--It shall be an appropriate
factor to be taken into consideration for the purposes of
section 105(a)(8)(A) that the head of the department, agency,
or instrumentality that owns or operates a facility has
arranged with the Administrator or appropriate State
authorities to respond appropriately, under authority of a
law other than this Act, to a release or threatened release
of a hazardous substance.
``(3) Completion.--Evaluation and listing under this
subsection shall be completed in accordance with a reasonable
schedule established by the Administrator.''.
SEC. 331. CLARIFICATION OF MEANING OF UNCONTAMINATED PROPERTY
FOR PURPOSES OF TRANSFER BY THE UNITED STATES.
Section 120(h)(4)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(4)(A)) is amended in the first sentence by striking
out ``stored for one year or more, known to have been
released,'' and inserting in lieu thereof ``known to have
been released''.
SEC. 332. CONSERVATION AND CULTURAL ACTIVITIES.
(a) In General.--(1) Chapter 159 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2694. Conservation and cultural activities
``(a) Establishment.--The Secretary of Defense may
establish and carry out a program to conduct and manage in a
coordinated manner the conservation and cultural activities
described in subsection (b).
``(b) Activities.--(1) A conservation or cultural activity
eligible for the program that the Secretary establishes under
subsection (a) is any activity--
``(A) that has regional or Department of Defense-wide
significance and that involves more than one military
department;
``(B) that is necessary to meet legal requirements or to
support military operations;
``(C) that can be more effectively managed at the
Department of Defense level; and
``(D) for which no executive ageny has been designated
responsible by the Secretary.
``(2) Such activities include the following:
``(A) The development of ecosystem-wide land management
plans.
``(B) The conduct of wildlife studies to ensure the safety
of military operations.
``(C) The identification and return of Native American
human remains and cultural items in the possession or control
of the Department of Defense, or discovered on land under the
jurisdiction of the Department, to the appropriate Native
American tribes.
``(D) The control of invasive species that may hinder
military activities or degrade military training ranges.
``(E) The establishment of a regional curation system for
artifacts found on military installations.
``(c) Cooperative Agreements.--The Secretary may negotiate
and enter into cooperative agreements with public and private
agencies, organizations, institutions, individuals, or other
entities to carry out the program established under
subsection (a).
``(d) Effect on Other Laws.--Nothing in this section shall
be construed or interpreted as preempting any otherwise
applicable Federal, State, or local law or regulation
relating to the management of natural and cultural resources
on military installations.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2694. Conservation and cultural activities.''.
(b) Effective Date.--Section 2694 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 1996.
SEC. 333. NAVY PROGRAM TO MONITOR ECOLOGICAL EFFECTS OF
ORGANOTIN.
(a) Monitoring Requirement.--The Secretary of the Navy
shall, in consultation with the Administrator of the
Environmental Protection Agency, develop and implement a
program to monitor the concentrations of organotin in the
water column, sediments, and aquatic organisms of
representative estuaries and near-coastal waters in the
United States, as described in section 7(a) of the Organotin
Antifouling Paint Control Act of 1988 (33 U.S.C. 2406(a)).
The program shall be designed to produce high-quality data to
enable the Environmental Protection Agency to develop water
quality criteria concerning organotin compounds.
(b) Funding.--The Administrator of the Environmental
Protection Agency shall provide, in advance, such sums as are
necessary to the Secretary of the Navy for the costs of
developing and implementing the program under subsection (a).
(c) Written Agreement.--The Secretary of the Navy and the
Administrator of the Environmental Protection Agency shall
enter into a written agreement setting forth the actions that
the Secretary plans to take under subsection (a) and the
funding that the Administrator agrees to provide under
subsection (b). If the Secretary determines that the
Administrator will not enter into such an agreement, the
Secretary shall notify the Committee on National Security of
the House of Representatives and the Committee on Armed
Services of the Senate not later than 30 days after such
determination.
(d) Nonimpairment of Mission.--Compliance with subsection
(a) shall be conducted in such a manner so as not to impair
the ability of the Department of the Navy to meet its
operational requirements.
(e) Report.--Not later than June 1, 1997, the Secretary of
the Navy shall submit to Congress a report containing the
following:
(1) A description of the monitoring program developed
pursuant to subsection (a).
(2) An analysis of the results of the monitoring program as
of the date of the submission of the report.
(3) Information about the progress of Navy programs,
referred to in section 7(c) of the Organotin Antifouling
Paint Control Act of 1988 (33 U.S.C. 2406(c)), for evaluating
the laboratory toxicity and environmental risks associated
with the use of antifouling paints containing organotin.
(4) An assessment, developed in consultation with the
Administrator of the Environmental Protection Agency, of the
effectiveness of existing laws and rules concerning organotin
compounds in ensuring protection of human health and the
environment.
(f) Sense of Congress.--(1) It is the sense of Congress
that the Administrator of the Environmental Protection
Agency, in consultation with the Secretary of the Navy,
should develop, for purposes of the national pollutant
discharge elimination system, a model permit for the
discharge of organotin compounds at shipbuilding and ship
repair facilities.
(2) For purposes of this subsection, the term ``organotin''
has the meaning provided in section 3 of the Organotin
Antifouling Paint Control Act of 1988 (33 U.S.C. 2402).
(g) Termination.--The program required by subsection (a)
shall terminate five years after the date of the enactment of
this Act.
SEC. 334. AUTHORITY TO TRANSFER CONTAMINATED FEDERAL PROPERTY
BEFORE COMPLETION OF REQUIRED RESPONSE ACTIONS.
(a) In General.--Section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)(3)) is amended--
(1) by redesignating subparagraph (A) as clause (i) and
clauses (i), (ii), and (iii) of that subparagraph as
subclauses (I), (II), and (III), respectively;
(2) by striking out ``After the last day'' and inserting in
lieu thereof the following:
``(A) In general.--After the last day'';
(3) by redesignating subparagraph (B) as clause (ii) and
clauses (i) and (ii) of that subparagraph as subclauses (I)
and (II), respectively;
(4) by redesignating subparagraph (C) as clause (iii);
(5) by moving the remainder of the text of subparagraph
(A), as designated by paragraph (2) of this subsection
(including the clauses and subclauses redesignated by
paragraphs (1), (3), and (4) of this subsection) 2 ems to the
right;
(6) by striking ``For purposes of subparagraph (B)(i)'' and
inserting the following:
``(B) Covenant requirements.--For purposes of subparagraphs
(A)(ii)(I) and (C)(iii)'';
(7) in subparagraph (B), as designated by paragraph (5), by
striking ``subparagraph (B)'' each place it appears and
inserting ``subparagraph (A)(ii)''; and
(8) by adding at the end the following:
``(C) Deferral.--
``(i) In general.--The Administrator, with the concurrence
of the Governor of the State in which the facility is located
(in the case of
[[Page 1931]]
real property at a Federal facility that is listed on the
National Priorities List), or the Governor of the State in
which the facility is located (in the case of real property
at a Federal facility not listed on the National Priorities
List) may defer the requirement of subparagraph (A)(ii)(I)
with respect to the property if the Administrator or the
Governor, as the case may be, determines that the property is
suitable for transfer, based on a finding that--
``(I) the property is suitable for transfer for the use
intended by the transferee, and the intended use is
consistent with protection of human health and the
environment;
``(II) the deed or other agreement proposed to govern the
transfer between the United States and the transferee of the
property contains the assurances set forth in clause (ii);
``(III) the Federal agency requesting deferral has provided
notice, by publication in a newspaper of general circulation
in the vicinity of the property, of the proposed transfer and
of the opportunity for the public to submit, within a period
of not less than 30 days after the date of the notice,
written comments on the suitability of the property for
transfer; and
``(IV) the deferral and the transfer of the property will
not substantially delay any necessary response action at the
property.
``(ii) Response action assurances.--With regard to a
release or threatened release of a hazardous substance for
which a Federal agency is potentially responsible under this
section, the deed or other agreement proposed to govern the
transfer shall contain assurances that--
``(I) provide for any necessary restrictions on the use of
the property to ensure the protection of human health and the
environment;
``(II) provide that there will be restrictions on use
necessary to ensure that required remedial investigations,
response action, and oversight activities will not be
disrupted;
``(III) provide that all necessary response action will be
taken and identify the schedules for investigation and
completion of all necessary response action as approved by
the appropriate regulatory agency; and
``(IV) provide that the Federal agency responsible for the
property subject to transfer will submit a budget request to
the Director of the Office of Management and Budget that
adequately addresses schedules for investigation and
completion of all necessary response action, subject to
congressional authorizations and appropriations.
``(iii) Warranty.--When all response action necessary to
protect human health and the environment with respect to any
substance remaining on the property on the date of transfer
has been taken, the United States shall execute and deliver
to the transferee an appropriate document containing a
warranty that all such response action has been taken, and
the making of the warranty shall be considered to satisfy the
requirement of subparagraph (A)(ii)(I).
``(iv) Federal responsibility.--A deferral under this
subparagraph shall not increase, diminish, or affect in any
manner any rights or obligations of a Federal agency
(including any rights or obligations under sections 106, 107,
and 120 existing prior to transfer) with respect to a
property transferred under this subparagraph.''.
(b) Continued Application of State Law.--The first sentence
of section 120(a)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(a)(4)) is amended by inserting ``or facilities that are
the subject of a deferral under subsection (h)(3)(C)'' after
``United States''.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTRACTS WITH OTHER AGENCIES TO PROVIDE OR OBTAIN
GOODS AND SERVICES TO PROMOTE EFFICIENT
OPERATION AND MANAGEMENT OF EXCHANGES AND
MORALE, WELFARE, AND RECREATION ACTIVITIES.
(a) Contracts to Promote Efficient Operation and
Management.--(1) Chapter 147 of title 10, United States Code,
is amended by inserting after section 2482 the following new
section:
``Sec. 2482a. Nonappropriated fund instrumentalities:
contracts with other agencies and instrumentalities to
provide and obtain goods and services
``An agency or instrumentality of the Department of Defense
that supports the operation of the exchange system, or the
operation of a morale, welfare, and recreation system, of the
Department of Defense may enter into a contract or other
agreement with another element of the Department of Defense
or with another Federal department, agency, or
instrumentality to provide or obtain goods and services
beneficial to the efficient management and operation of the
exchange system or that morale, welfare, and recreation
system.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2482 the following new item:
``2482a. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide and obtain
goods and services.''.
(b) Conforming Amendment Regarding Commissary System.--
Section 2482(b)(1) of such title is amended by striking out
``another department'' and all that follows through ``provide
services'' and inserting in lieu thereof ``another element of
the Department of Defense or with another Federal department,
agency, or instrumentality to provide or obtain services''.
SEC. 342. NONCOMPETITIVE PROCUREMENT OF BRAND-NAME COMMERCIAL
ITEMS FOR RESALE IN COMMISSARY STORES.
(a) Clarification of Exception to Competitive
Procurement.--Section 2486 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) The Secretary of Defense may not use the exception
provided in section 2304(c)(5) of this title regarding the
procurement of a brand-name commercial item for resale in
commissary stores unless the commercial item is regularly
sold outside of commissary stores under the same brand name
as the name by which the commercial item will be sold in
commissary stores.''.
(b) Effect on Existing Contracts or Other Agreements.--
Section 2486(e) of title 10, United States Code, as added by
subsection (a), shall not affect the terms, conditions, or
duration of any contract or other agreement entered into by
the Secretary of Defense before the date of the enactment of
this Act for the procurement of commercial items for resale
in commissary stores.
SEC. 343. PROHIBITION OF SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL.
(a) In General--(1) Chapter 147 of title 10, United States
Code, is amended by inserting after section 2489 the
following new section:
``Sec. 2489a. Sale or rental of sexually explicit material
prohibited
``(a) Prohibition of Sale or Rental.--The Secretary of
Defense may not permit the sale or rental of sexually
explicit material on property under the jurisdiction of the
Department of Defense.
``(b) Prohibition of Officially Provided Sexually Explicit
Material.--A member of the armed forces or a civilian officer
or employee of the Department of Defense acting in an
official capacity may not provide for sale, remuneration, or
rental sexually explicit material to another person.
``(c) Regulations.--The Secretary of Defense shall
prescribe regulations to implement this section.
``(d) Definitions.--In this section:
``(1) The term `sexually explicit material' means an audio
recording, a film or video recording, or a periodical with
visual depictions, produced in any medium, the dominant theme
of which depicts or describes nudity, including sexual or
excretory activities or organs, in a lascivious way.
``(2) The term `property under the jurisdiction of the
Department of Defense' includes commissaries, all facilities
operated by the Army and Air Force Exchange Service, the Navy
Exchange Service Command, the Navy Resale and Services
Support Office, Marine Corps exchanges, and ships' stores.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2489 the following new item:
``2489a. Sale or rental of sexually explicit material prohibited.''.
(b) Effective Date.--Subsection (a) of section 2489a of
title 10, United States Code, as added by subsection (a) of
this section, shall take effect 90 days after the date of the
enactment of this Act.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. EXTENSION OF REQUIREMENT FOR COMPETITIVE
PROCUREMENT OF PRINTING AND DUPLICATION
SERVICES.
(a) Extension.--Section 351(a) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 266) is amended by striking out ``fiscal year
1996'' and inserting in lieu thereof ``fiscal years 1996 and
1997''.
(b) Reporting Requirements.--Such section is further
amended by adding at the end the following new subsection:
``(c) Reporting Requirements.--(1) Not later than 90 days
after the end of each fiscal year in which the requirement of
subsection (a) applies, the Secretary of Defense shall submit
to Congress a report--
``(A) describing the extent of the compliance of the
Secretary with the requirement during that fiscal year;
``(B) specifying the total volume of printing and
duplication services procured by Department of Defense during
that fiscal year--
``(i) from sources within the Department of Defense;
``(ii) from private-sector sources; and
``(iii) from other sources in the Federal Government; and
``(C) specifying the total volume of printed and duplicated
material during that fiscal year covered by the exception in
subsection (b).
``(2) The report required for fiscal year 1996 shall also
include the plans of the Secretary for further implementation
of the requirement of subsection (a) during fiscal year
1997.''.
SEC. 352. REPORTING REQUIREMENTS UNDER DEMONSTRATION PROJECT
FOR PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC
WORKS, AND UTILITY SERVICES FROM LOCAL
GOVERNMENT AGENCIES.
Section 816(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820) is
amended by striking out ``, 1996'' and inserting in lieu
thereof ``of each of the years 1997 and 1998''.
[[Page 1932]]
Subtitle F--Other Matters
SEC. 361. AUTHORITY FOR USE OF APPROPRIATED FUNDS FOR
RECRUITING FUNCTIONS.
(a) Authority.--Chapter 31 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 520c. Recruiting functions: use of funds
``(a) Provision of Meals and Refreshments.--Under
regulations prescribed by the Secretary concerned, funds
appropriated to the Department of Defense for recruitment of
military personnel may be expended for small meals and
refreshments during recruiting functions for the following
persons:
``(1) Persons who have enlisted under the Delayed Entry
Program authorized by section 513 of this title.
``(2) Persons who are objects of armed forces recruiting
efforts.
``(3) Persons whose assistance in recruiting efforts of the
military departments is determined to be influential by the
Secretary concerned.
``(4) Members of the armed forces and Federal employees
when attending recruiting events in accordance with a
requirement to do so.
``(5) Other persons whose presence at recruiting efforts
will contribute to recruiting efforts.
``(b) Annual Report.--Not later than February 1 of each of
the years 1998 through 2002, the Secretary of Defense shall
submit to Congress a report on the extent to which the
authority under subsection (a) was exercised during the
fiscal year ending in the preceding year.
``(c) Termination of Authority.--The authority in
subsection (a) may not be exercised after September 30,
2001.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``520c. Recruiting functions: use of funds.''.
SEC. 362. TRAINING OF MEMBERS OF THE UNIFORMED SERVICES AT
NON-GOVERNMENT FACILITIES.
(a) Authority to Enter Into Agreements for Training at Non-
Government Facilities.--(1) Chapter 101 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2013. Training at non-Government facilities
``(a) Authority to Enter Into Agreements.--(1) The
Secretary concerned, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5), may make agreements or other
arrangements for the training of members of the uniformed
services under the jurisdiction of that Secretary by, in, or
through non-Government facilities.
``(2) In this section, the term `non-Government facility'
means any of the following:
``(A) The government of a State or of a territory or
possession of the United States, including the Commonwealth
of Puerto Rico, an interstate governmental organization, and
a unit, subdivision, or instrumentality of any of the
foregoing.
``(B) A foreign government or international organization,
or instrumentality of either, which is designated by the
President as eligible to provide training under this section.
``(C) A medical, scientific, technical, educational,
research, or professional institution, foundation, or
organization.
``(D) A business, commercial, or industrial firm,
corporation, partnership, proprietorship, or other
organization.
``(E) Individuals other than civilian or military personnel
of the Government.
``(F) The services and property of any of the foregoing
providing the training.
``(b) Expenses.--The Secretary concerned, from
appropriations or other funds available to the Secretary,
may--
``(1) pay all or a part of the pay of a member of a
uniformed service who is selected and assigned for training
under this section, for the period of training; and
``(2) pay, or reimburse the member of a uniformed service
for, all or a part of the necessary expenses of the training
(without regard to subsections (a) and (b) of section 3324 of
title 31), including among those expenses the necessary costs
of the following:
``(A) Travel and per diem instead of subsistence under
sections 404 and 405 of title 37 and the Joint Travel
Regulations for the Uniformed Services.
``(B) Transportation of immediate family, household goods
and personal effects, packing, crating, temporarily storing,
draying, and unpacking under sections 406 and 409 of title 37
and the Joint Travel Regulations for the Uniformed Services
when the estimated costs of transportation and related
services are less than the estimated aggregate per diem
payments for the period of training.
``(C) Tuition and matriculation fees.
``(D) Library and laboratory services.
``(E) Purchase or rental of books, materials, and supplies.
``(F) Other services or facilities directly related to the
training of the member.
``(c) Certain Expenses Excluded.--The expenses of training
do not include membership fees except to the extent that the
fee is a necessary cost directly related to the training
itself or that payment of the fee is a condition precedent to
undergoing the training.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2013. Training at non-Government facilities.''.
(b) Effective Date.--Section 2013 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 1996.
SEC. 363. REQUIREMENT FOR PREPARATION OF PLAN FOR IMPROVED
OPERATION OF WORKING-CAPITAL FUNDS AND EFFECT
OF FAILURE TO PRODUCE AN APPROVED PLAN.
(a) Plan for Improved Operation of Working-Capital Funds.--
Not later than September 30, 1997, the Secretary of Defense
shall submit to Congress a plan to improve the management and
performance of the industrial, commercial, and support type
activities of the military departments or the Defense
Agencies that are currently managed through the Defense
Business Operations Fund.
(b) Elements of Plan.--The plan required by subsection (a)
shall address the following issues:
(1) The ability of each military department or Defense
Agency to set working capital requirements and set charges at
its own industrial and supply activities.
(2) The desirability of separate business accounts for the
management of both industrial and supply activities for each
military department or Defense Agency.
(3) Liability for operation losses at industrial and supply
activities.
(4) Reimbursement to the Department of Defense by each
military department or Defense Agency of its fair share of
the costs of legitimate common business support services
(such as accounting and financial services and central
logistics services) provided by the Department of Defense.
(5) The role of the Department of Defense in setting
charges or imposing surcharges for activities managed by the
business accounts of a military department or Defense Agency
(except for the common business support cost described in
paragraph (4)), and what such charges should properly
reflect.
(6) The appropriate use of operating profits arising from
the operations of the industrial and supply activities of a
military department or Defense Agency.
(7) The ability of a military department or Defense Agency
to purchase industrial and supply services from, and provide
such services to, other military departments or Defense
Agencies.
(8) Standardization of financial management and accounting
practices employed by the business accounts of a military
department or Defense Agency.
(9) Reporting requirements related to actual and projected
performance of business management account activities of a
military department or Defense Agency.
(c) Effect of Failure to Submit or Approve of Plan.--(1)
Unless, before October 1, 1999, the Secretary of Defense
submits the plan required by subsection (a) and Congress
enacts a provision of law described in paragraph (2) that
approves of the plan as submitted or in an amended form, then
section 2216a of title 10, United States Code, regarding the
Defense Business Operations Fund (as redesignated by section
1074(a)(10) of this Act), shall be repealed effective as of
that date.
(2) The provision of law referred to in paragraph (1) is a
provision of law that--
(A) is enacted after the submission of the plan required by
subsection (a);
(B) specifically refers to the plan and this section; and
(C) specifically states that the plan required by
subsection (a) is approved as submitted or with such
amendments as may be contained in such law.
(d) Basis for Charges for Goods And Services; Comptroller
General Review.--(1) In the development of the proposed
budget for the Defense Business Operations Fund for a fiscal
year, the Secretary of Defense shall ensure that accurate and
realistic pricing and quantity estimates are used regarding
the goods and services to be provided by working-capital
funds and industrial, commercial, and support type activities
managed through the Fund.
(2) The Secretary of Defense shall make available to the
Comptroller General information used to establish the charges
for goods and services to be provided by working-capital
funds and industrial, commercial, and support type activities
managed through the Fund. The Comptroller General shall
conduct an annual review of the adequacy of the basis for the
charges. Not later than 30 days after the date on which the
Secretary submits the annual report and proposed budget for
the Fund under subsection (h) of section 2216a of title 10,
United States Code, as redesignated by section 1074(a)(10) of
this Act, the Comptroller General shall submit to Congress a
report containing the results of the review.
SEC. 364. INCREASE IN CAPITAL ASSET THRESHOLD UNDER DEFENSE
BUSINESS OPERATIONS FUND.
Section 2216a of title 10, United States Code, as
redesignated by section 1074(a)(10) of this Act, is amended
in subsection (i)(1) by striking out ``$50,000'' and
inserting in lieu thereof ``$100,000''.
SEC. 365. EXPANSION OF AUTHORITY TO DONATE UNUSABLE FOOD.
(a) Authority for Donations From Defense Agencies.--Section
2485 of title 10, United States Code, is amended by striking
out ``Secretary of a military department'' in subsections (a)
and (b) and inserting in lieu thereof ``Secretary of
Defense''.
(b) Expansion of Eligible Recipients.--Such section is
further amended--
(1) in subsection (a), by striking out ``authorized
charitable nonprofit food banks'' and inserting in lieu
thereof ``entities specified under subsection (d)''; and
(2) in subsection (d), by striking out ``may only be made''
and all that follows and in
[[Page 1933]]
serting in lieu thereof the following: ``may only be made to
an entity that is one of the following:
``(1) A charitable nonprofit food bank that is designated
by the Secretary of Defense or the Secretary of Health and
Human Services as authorized to receive such donations.
``(2) A State or local agency that is designated by the
Secretary of Defense or the Secretary of Health and Human
Services as authorized to receive such donations.
``(3) A chapter or other local unit of a recognized
national veterans organization that provides services to
persons without adequate shelter and is designated by the
Secretary of Veterans Affairs as authorized to receive such
donations.
``(4) A not-for-profit organization that provides care for
homeless veterans and is designated by the Secretary of
Veterans Affairs as authorized to receive such donations.''.
(c) Clarification of Food That May Be Donated.--Subsection
(b) of such section is further amended by inserting ``rations
known as humanitarian daily rations (HDRs),'' after
``(MREs),''.
SEC. 366. ASSISTANCE TO COMMITTEES INVOLVED IN INAUGURATION
OF THE PRESIDENT.
(a) In General.--Section 2543 of title 10, United States
Code, is amended to read to read as follows:
``Sec. 2543. Equipment and services: Presidential inaugural
ceremonies
``(a) Assistance Authorized.--The Secretary of Defense may,
with respect to the ceremonies relating to the inauguration
of a President, provide the assistance referred to in
subsection (b) to--
(1) the Presidential Inaugural Committee; and
(2) the congressional Joint Inaugural Committee.
``(b) Assistance.--Assistance that may be provided under
subsection (a) is the following:
``(1) Planning and carrying out activities relating to
security and safety.
``(2) Planning and carrying out ceremonial activities.
``(3) Loan of property.
``(4) Any other assistance that the Secretary considers
appropriate.
``(c) Reimbursement.--(1) The Presidential Inaugural
Committee shall reimburse the Secretary for any costs
incurred in connection with the provision to the committee of
assistance referred to in subsection (b)(4).
``(2) Costs reimbursed under paragraph (1) shall be
credited to the appropriations from which the costs were
paid. The amount credited to an appropriation shall be
proportionate to the amount of the costs charged to that
appropriation.
``(d) Loaned Property.--With respect to property loaned for
a presidential inauguration under subsection (b)(3), the
Presidential Inaugural Committee shall--
``(1) return that property within nine days after the date
of the ceremony inaugurating the President;
``(2) give good and sufficient bond for the return in good
order and condition of that property;
``(3) indemnify the United States for any loss of, or
damage to, that property; and
``(4) defray any expense incurred for the delivery, return,
rehabilitation, replacement, or operation of that property.
``(e) Definitions.--In this section:
``(1) The term `Presidential Inaugural Committee' means the
committee referred to in subsection (b)(2) of the first
section of the Presidential Inaugural Ceremonies Act (36
U.S.C. 721) that is appointed with respect to the
inauguration of a President-elect and Vice President-elect.
``(2) The term `congressional Joint Inaugural Committee'
means the joint committee of the Senate and House of
Representatives referred to in the proviso in section 9 of
the Presidential Inaugural Ceremonies Act (36 U.S.C. 729)
that is appointed with respect to the inauguration of a
President-elect and Vice President-elect.''.
(b) Clerical Amendment.--The item relating to section 2543
in the table of sections at the beginning of chapter 152 of
such title is amended to read as follows:
``2543. Equipment and services: Presidential inaugural ceremonies.''.
SEC. 367. DEPARTMENT OF DEFENSE SUPPORT FOR SPORTING EVENTS.
(a) Authority to Provide Support.--Subchapter II of chapter
152 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2554. Provision of support for certain sporting events
``(a) Security and Safety Assistance.--At the request of a
Federal, State, or local government agency responsible for
providing law enforcement services, security services, or
safety services, the Secretary of Defense may authorize the
commander of a military installation or other facility of the
Department of Defense or the commander of a specified or
unified combatant command to provide assistance for the World
Cup Soccer Games, the Goodwill Games, the Olympics, and any
other civilian sporting event in support of essential
security and safety at such event, but only if the Attorney
General certifies that such assistance is necessary to meet
essential security and safety needs.
``(b) Other Assistance.--The Secretary of Defense may
authorize a commander referred to in subsection (a) to
provide assistance for a sporting event referred to in that
subsection in support of other needs relating to such event,
but only--
``(1) to the extent that such needs cannot reasonably be
met by a source other than the Department;
``(2) to the extent that the provision of such assistance
does not adversely affect the military preparedness of the
armed forces; and
``(3) if the organization requesting such assistance agrees
to reimburse the Department for amounts expended by the
Department in providing the assistance in accordance with the
provisions of section 377 of this title and other applicable
provisions of law.
``(c) Inapplicability to Certain Events.--Subsections (a)
and (b) do not apply to the following sporting events:
``(1) Sporting events for which funds have been
appropriated before the date of the enactment of this Act.
``(2) The Special Olympics.
``(3) The Paralympics.
``(d) Terms and Conditions.--The Secretary of Defense may
require such terms and conditions in connection with the
provision of assistance under this section as the Secretary
considers necessary and appropriate to protect the interests
of the United States.
``(e) Report on Assistance.--Not later than January 30 of
each year following a year in which the Secretary of Defense
provides assistance under this section, the Secretary shall
submit to Congress a report on the assistance provided. The
report shall set forth--
``(1) a description of the assistance provided;
``(2) the amount expended by the Department in providing
the assistance;
``(3) if the assistance was provided under subsection (a),
the certification of the Attorney General with respect to the
assistance under that subsection; and
``(4) if the assistance was provided under subsection (b)--
``(A) an explanation why the assistance could not
reasonably be met by a source other than the Department; and
``(B) the amount the Department was reimbursed under that
subsection.
``(f) Relationship to Other Laws.--Assistance provided
under this section shall be subject to the provisions of
sections 375 and 376 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2554. Provision of support for certain sporting events.''.
SEC. 368. STORAGE OF MOTOR VEHICLE IN LIEU OF TRANSPORTATION.
(a) Storage Authorized.--(1) Section 2634 of title 10,
United States Code, is amended--
(A) by redesignating subsection (b) as subsection (g);
(B) by transferring subsection (g), as so redesignated, to
the end of such section; and
(C) by inserting after subsection (a) the following new
subsection:
``(b)(1) In lieu of transportation authorized by this
section, if a member is ordered to make a change of permanent
station to a foreign country and the laws, regulations, or
other restrictions imposed by the foreign country or the
United States preclude entry of a motor vehicle described in
subsection (a) into that country, or would require extensive
modification of the vehicle as a condition to entry, the
member may elect to have the vehicle stored at the expense of
the United States at a location approved by the Secretary
concerned.
``(2) If a member is transferred or assigned in connection
with a contingency operation to duty at a location other than
the permanent station of the member for a period of more than
30 consecutive days, but the transfer or assignment is not
considered a change of permanent station, the member may
elect to have a motor vehicle described in subsection (a)
stored at the expense of the United States at a location
approved by the Secretary concerned.
``(3) Authorized expenses under this subsection include
costs associated with the delivery of the motor vehicle for
storage and removal of the vehicle for delivery to a
destination approved by the Secretary concerned.''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 2634. Motor vehicles: transportation or storage for
members on change of permanent station or extended
deployment''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 157 of title 10, United
States Code, is amended to read as follows:
``2634. Motor vehicles: transportation or storage for members on change
of permanent station or extended deployment.''.
(b) Conforming Amendment.--Subparagraph (B) of section
406(h)(1) of title 37, United States Code, is amended to read
as follows:
``(B) in the case of a member described in paragraph
(2)(A), authorize the transportation of one motor vehicle,
which is owned or leased by the member (or a dependent of the
member) and is for the personal use of a dependent of the
member, to that location by means of transportation
authorized under section 2634 of title 10 or authorize the
storage of the motor vehicle pursuant to subsection (b) of
such section.''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 1997.
[[Page 1934]]
SEC. 369. SECURITY PROTECTIONS AT DEPARTMENT OF DEFENSE
FACILITIES IN NATIONAL CAPITAL REGION.
(a) Expansion of Authority.--Subsection (b) of section 2674
of title 10, United States Code, is amended by striking out
``at the Pentagon Reservation'' and inserting in lieu thereof
``in the National Capital Region''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2674. Operation and control of Pentagon Reservation
and defense facilities in National Capital Region''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2674. Operation and control of Pentagon Reservation and defense
facilities in National Capital Region.''.
SEC. 370. ADMINISTRATION OF MIDSHIPMEN'S STORE AND OTHER
NAVAL ACADEMY SUPPORT ACTIVITIES AS
NONAPPROPRIATED FUND INSTRUMENTALITY.
(a) In General.--Section 6971 of title 10, United States
Code, is amended to read as follows:
``Sec. 6971. Midshipmen's store trade shops, dairy, and
laundry: nonappropriated fund instrumentality and accounts
``(a) Operation as Nonappropriated Fund Instrumentality.--
The Superintendent of the Naval Academy shall operate the
Naval Academy activities referred to in subsection (b) as a
nonappropriated fund instrumentality under the jurisdiction
of the Navy.
``(b) Covered Activities.--The nonappropriated fund
instrumentality required under subsection (a) shall consist
of the following Naval Academy activities:
``(1) The midshipmen's store.
``(2) The barber shop.
``(3) The cobbler shop.
``(4) The tailor shop.
``(5) The dairy.
``(6) The laundry.
``(c) Nonappropriated Fund Accounts.--The Superintendent of
the Naval Academy shall administer a separate nonappropriated
fund account for each of the Naval Academy activities
included in the nonappropriated fund instrumentality required
under subsection (a).
``(d) Crediting of Revenue.--The Superintendent shall
credit all revenue received from a Naval Academy activity
referred to in subsection (b) to the account administered
with respect to that activity under subsection (c), and
amounts so credited shall be available for operating expenses
of that activity.
``(e) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of the Navy.''.
(b) Civil Service Employment Status of Employees of Covered
Activities.--Section 2105(b) of title 5, United States Code,
is amended--
(1) by inserting ``who is'' after ``An individual''; and
(2) by inserting ``and whose employment in such a position
began before October 1, 1996, and has been uninterrupted in
such a position since that date'' after ``Academy dairy,''.
(c) Conforming Repeal.--Section 6970 of title 10, United
States Code, is repealed.
(d) Clerical Amendments.--The table of sections at the
beginning of chapter 603 of title 10, United States Code, is
amended by striking out the items relating to sections 6970
and 6971 and inserting in lieu thereof the following new
item:
``6971. Midshipmen's store, trade shops, dairy, and laundry:
nonappropriated fund instrumentality and accounts.''.
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 1996.
SEC. 371. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF
CIVILIAN STUDENTS AT FOREIGN LANGUAGE INSTITUTE
OF THE DEFENSE LANGUAGE INSTITUTE.
(a) Authority to Accept Reimbursement In Kind.--Section
559(a)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2776; 10
U.S.C. 4411 note) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Reimbursement Options for Certain Instruction.--In
the case of instruction provided to students described in
subsection (a)(1), the Secretary may provide the instruction
on a cost-reimbursable basis, a reimbursement-in-kind basis,
or a combination of both options. Regardless of the
reimbursement option, the value of the reimbursement received
under this subsection may not be less than the amount charged
for providing language instruction to Federal employees who
are not Department of Defense employees. The Secretary may
not delegate the authority to accept an offer for in-kind
reimbursement below the level of the Assistant Secretary of
the Army.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)(1), by striking out ``cost-
reimbursable,''; and
(2) in subsection (d), as redesignated by subsection (a)(1)
of this section, by striking out ``subsection (a)'' the first
place it appears and inserting in lieu thereof ``subsection
(a) or (c)''.
SEC. 372. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Continuation of Department of Defense Program for
Fiscal Year 1997.--Of the amounts authorized to be
appropriated in section 301(5)--
(1) $30,000,000 shall be available for providing
educational agencies assistance (as defined in subsection
(d)(1)) to local educational agencies; and
(2) $5,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) Notification.--Not later than June 30, 1997, the
Secretary of Defense shall--
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1997 of
that agency's eligibility for such assistance and the amount
of such assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1997 of
that agency's eligibility for such payment and the amount of
the payment for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under paragraphs (1) and (2) of
subsection (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means
payments authorized under section 386(d) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 373. RENOVATION OF BUILDING FOR DEFENSE FINANCE AND
ACCOUNTING SERVICE CENTER, FORT BENJAMIN
HARRISON, INDIANA.
(a) Transfer Authority.--To pay the costs of planning,
design, and renovation of Building One, Fort Benjamin
Harrison, Indiana, for use as a Defense Finance and
Accounting Service Center, the Secretary of Defense may
transfer to the Administrator of General Services in the
manner provided in subsection (b) funds available to the
Department of Defense for the Defense Finance and Accounting
Service for a fiscal year for operation and maintenance.
(b) Authority Subject to Authorizations and
Appropriations.--To the extent provided in appropriations
Acts--
(1) of funds described in subsection (a) and appropriated
for fiscal year 1997, $9,000,000 may be transferred under
such subsection; and
(2) of funds described in subsection (a) and appropriated
for fiscal years 1998, 1999, 2000, and 2001, funds may be
transferred under such subsection in such amounts as are
authorized to be transferred in an Act enacted after the date
of the enactment of this Act.
(c) Authority Subject To Agreement Between Department of
Defense and General Services Administration.--The transfer
authority provided in subsection (a) shall not take effect
until the date on which the Secretary of Defense and the
Administrator of General Services enter into an agreement
that provides for the Department of Defense to receive a full
reimbursement for the funds transferred under such
subsection. Such reimbursement may include reimbursement in
the form of reduced or static rental rates for Building One.
SEC. 374. FOOD DONATION PILOT PROGRAM AT SERVICE ACADEMIES.
(a) Program Authorized.--The Secretaries of the military
departments and the Secretary of Transportation may each
carry out a food donation pilot program at the service
academy under the jurisdiction of such Secretary.
(b) Donations and Collections of Food and Grocery
Products.--Under the pilot program, the Secretary concerned
may donate to, and permit others to collect for, a nonprofit
organization any food or grocery product that--
(1) is--
(A) an apparently wholesome food;
(B) an apparently fit grocery product; or
(C) a food or grocery product that is donated in accordance
with section 402(e) of the National and Community Service Act
of 1990 (42 U.S.C. 12672(e));
(2) is owned by the United States;
(3) is located at a service academy under the jurisdiction
of such Secretary; and
(4) is excess to the requirements of the academy.
(c) Program Commencement.--The Secretary concerned shall
commence carrying out the pilot program, if at all, during
fiscal year 1997.
(d) Applicability of Good Samaritan Food Donation Act.--
Section 402 of the National and Community Service Act of 1990
(42 U.S.C. 12672) shall apply to donations and collections of
food and grocery products under the pilot program without
regard to section 403 of such Act (42 U.S.C. 12673).
(e) Reports.--(1) Each Secretary that carries out a pilot
program at a service academy under this section shall submit
to Congress an interim report and a final report on the pilot
program.
[[Page 1935]]
(2) The Secretary concerned shall submit the interim report
not later than one year after the date on which the Secretary
commences the pilot program at a service academy.
(3) The Secretary concerned shall submit the final report
not later than 90 days after the Secretary completes the
pilot program at a service academy.
(4) Each report shall include the following:
(A) A description of the conduct of the pilot program.
(B) A discussion of the experience under the pilot program.
(C) An evaluation of the extent to which section 402 of the
National and Community Service Act of 1990 (42 U.S.C. 12672)
has been effective in protecting the United States and others
from liabilities associated with actions taken under the
pilot program.
(D) Any recommendations for legislation to facilitate
donations or collections of excess food and grocery products
of the United States or others for nonprofit organizations.
(f) Definitions.--For purposes of this section:
(1) The term ``service academy'' means each of the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(D) The United States Coast Guard Academy.
(2) The term ``Secretary concerned'' means the following:
(A) The Secretary of the Army, with respect to the United
States Military Academy.
(B) The Secretary of the Navy, with respect to the United
States Naval Academy.
(C) The Secretary of the Air Force, with respect to the
United States Air Force Academy.
(D) The Secretary of Transportation, with respect to the
United States Coast Guard Academy.
(3) The terms ``apparently fit grocery product'',
``apparently wholesome food'', ``donate'', ``food'', and
``grocery product'' have the meanings given those terms in
section 402(b) of the National and Community Service Act of
1990 (42 U.S.C. 12672(b)).
SEC. 375. AUTHORITY OF AIR NATIONAL GUARD TO PROVIDE CERTAIN
SERVICES AT LINCOLN MUNICIPAL AIRPORT, LINCOLN,
NEBRASKA.
(a) Authority.--The Nebraska Air National Guard may provide
fire protection services and rescue services relating to
aircraft at Lincoln Municipal Airport, Lincoln, Nebraska, on
behalf of the Lincoln Municipal Airport Authority, Lincoln,
Nebraska.
(b) Agreement.--The Nebraska Air National Guard may not
provide services under subsection (a) until the Nebraska Air
National Guard and the authority enter into an agreement
under which the authority agrees--
(1) to reimburse the Nebraska Air National Guard for the
cost of the services provided; and
(2) to hold harmless and indemnify the United States,
except in cases of willful misconduct or gross negligence,
from any claim for damages or injury to any person or
property arising out of the provision of, or the failure to
provide, such services.
(c) Effect on Military Preparedness.--Services may only be
provided under subsection (a) to the extent that the
provision of such services does not adversely affect the
military preparedness of the Armed Forces.
SEC. 376. TECHNICAL AMENDMENT REGARDING IMPACT AID PROGRAM.
Paragraph (3) of section 8003(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is
amended by striking out ``2,000 and such number equals or
exceeds 15'' and inserting in lieu thereof ``1,000 or such
number equals or exceeds 10''
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional
contingencies.
Sec. 403. Authorized strengths for commissioned officers on active duty
in grades of major, lieutenant colonel, and colonel and
navy grades of lieutenant commander, commander, and
captain.
Sec. 404. Extension of requirement for recommendations regarding
appointments to joint 4-star officer positions.
Sec. 405. Increase in authorized number of general officers on active
duty in the Marine Corps.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians.
Sec. 414. Assurance of continued assignment of military personnel to
serve in Selective Service System.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 1997, as follows:
(1) The Army, 495,000.
(2) The Navy, 407,318.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR
REGIONAL CONTINGENCIES.
(a) Requirement To Budget for and Maintain Statutory End
Strength Levels.--Section 691 of title 10, United States
Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) The budget for the Department of Defense for any
fiscal year as submitted to Congress shall include amounts
for funding for each of the armed forces (other than the
Coast Guard) at least in the amounts necessary to maintain
the active duty end strengths prescribed in subsection (b),
as in effect at the time that such budget is submitted.
``(d) No funds appropriated to the Department of Defense
may be used to implement a reduction of the active duty end
strength for any of the armed forces (other than the Coast
Guard) for any fiscal year below the level specified in
subsection (b) unless the reduction in end strength for that
armed force for that fiscal year is specifically authorized
by law.''.
(b) Temporary Flexibility Relating to Permanent End
Strength Levels.--Subsection (e) of such section, as
redesignated by subsection (a)(1), is amended by striking out
``not more than 0.5 percent'' and inserting in lieu thereof
``not more than 1 percent''.
SEC. 403. AUTHORIZED STRENGTHS FOR COMMISSIONED OFFICERS ON
ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL AND NAVY GRADES OF
LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.
(a) Revision in Army, Air Force, and Marine Corps
Limitations.--The table in paragraph (1) of section 523(a) of
title 10, United States Code, is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in the grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
Major Colonel Colonel
----------------------------------------------------------------------------------------------------------------
Army:
20,000........................................................ 6,848 5,253 1,613
25,000........................................................ 7,539 5,642 1,796
30,000........................................................ 8,231 6,030 1,980
35,000........................................................ 8,922 6,419 2,163
40,000........................................................ 9,614 6,807 2,347
45,000........................................................ 10,305 7,196 2,530
50,000........................................................ 10,997 7,584 2,713
55,000........................................................ 11,688 7,973 2,897
60,000........................................................ 12,380 8,361 3,080
65,000........................................................ 13,071 8,750 3,264
70,000........................................................ 13,763 9,138 3,447
75,000........................................................ 14,454 9,527 3,631
80,000........................................................ 15,146 9,915 3,814
85,000........................................................ 15,837 10,304 3,997
90,000........................................................ 16,529 10,692 4,181
95,000........................................................ 17,220 11,081 4,364
100,000....................................................... 17,912 11,469 4,548
110,000....................................................... 19,295 12,246 4,915
120,000....................................................... 20,678 13,023 5,281
130,000....................................................... 22,061 13,800 5,648
170,000....................................................... 27,593 16,908 7,116
[[Page 1936]]
Air Force:
35,000........................................................ 9,216 7,090 2,125
40,000........................................................ 10,025 7,478 2,306
45,000........................................................ 10,835 7,866 2,487
50,000........................................................ 11,645 8,253 2,668
55,000........................................................ 12,454 8,641 2,849
60,000........................................................ 13,264 9,029 3,030
65,000........................................................ 14,073 9,417 3,211
70,000........................................................ 14,883 9,805 3,392
75,000........................................................ 15,693 10,193 3,573
80,000........................................................ 16,502 10,582 3,754
85,000........................................................ 17,312 10,971 3,935
90,000........................................................ 18,121 11,360 4,115
95,000........................................................ 18,931 11,749 4,296
100,000....................................................... 19,741 12,138 4,477
105,000....................................................... 20,550 12,527 4,658
110,000....................................................... 21,360 12,915 4,838
115,000....................................................... 22,169 13,304 5,019
120,000....................................................... 22,979 13,692 5,200
125,000....................................................... 23,789 14,081 5,381
Marine Corps:
10,000........................................................ 2,525 1,480 571
12,500........................................................ 2,900 1,600 592
15,000........................................................ 3,275 1,720 613
17,500........................................................ 3,650 1,840 633
20,000........................................................ 4,025 1,960 654
22,500........................................................ 4,400 2,080 675
25,000........................................................ 4,775 2,200 695.''
----------------------------------------------------------------------------------------------------------------
(b) Revision in Navy Limitations.--The table in paragraph
(2) of such section is amended to read as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on
active duty in grade of:
``Total number of commissioned officers (excluding officers in -----------------------------------------------
categories specified in subsection (b)) on active duty: Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
Navy:
30,000........................................................ 7,331 5,018 2,116
33,000........................................................ 7,799 5,239 2,223
36,000........................................................ 8,267 5,460 2,330
39,000........................................................ 8,735 5,681 2,437
42,000........................................................ 9,203 5,902 2,544
45,000........................................................ 9,671 6,123 2,651
48,000........................................................ 10,139 6,343 2,758
51,000........................................................ 10,606 6,561 2,864
54,000........................................................ 11,074 6,782 2,971
57,000........................................................ 11,541 7,002 3,078
60,000........................................................ 12,009 7,222 3,185
63,000........................................................ 12,476 7,441 3,292
66,000........................................................ 12,944 7,661 3,398
70,000........................................................ 13,567 7,954 3,541
90,000........................................................ 16,683 9,419 4,254.''
----------------------------------------------------------------------------------------------------------------
(c) Repeal of Temporary Authority for Variations in End
Strengths.--The following provisions of law are repealed:
(1) Section 402 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1639; 10
U.S.C. 523 note).
(2) Section 402 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2743; 10
U.S.C. 523 note).
(3) Section 402 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 286; 10
U.S.C. 523 note).
(d) Effective Date.--The amendments made by subsections
(a), (b), and (c) shall take effect on September 1, 1997.
SEC. 404. EXTENSION OF REQUIREMENT FOR RECOMMENDATIONS
REGARDING APPOINTMENTS TO JOINT 4-STAR OFFICER
POSITIONS.
(a) Service Secretary Recommendation Required.--Section
604(c) of title 10, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 2000''.
(b) Grade Relief When Recommendation Made.--Section
525(b)(5)(C) of such title is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 2000''.
SEC. 405. INCREASE IN AUTHORIZED NUMBER OF GENERAL OFFICERS
ON ACTIVE DUTY IN THE MARINE CORPS.
Section 526(a)(4) of title 10, United States Code, is
amended by striking out ``68'' and inserting in lieu thereof
``80''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 1997, as follows:
(1) The Army National Guard of the United States, 366,758.
(2) The Army Reserve, 215,179.
(3) The Naval Reserve, 96,304.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 109,178.
(6) The Air Force Reserve, 73,311.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary
the end strength authorized by subsection (a) by not more
than 2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total au
[[Page 1937]]
thorized strengths of such units and by the total number of
such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1997, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,798.
(2) The Army Reserve, 11,729.
(3) The Naval Reserve, 16,603.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,403.
(6) The Air Force Reserve, 655.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS.
(a) Authorization for Fiscal Year 1997.--The minimum number
of military technicians as of the last day of fiscal year
1997 for the reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army Reserve, 6,799.
(2) For the Army National Guard of the United States,
25,500.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States,
23,299.
(b) Information To Be Provided With Future Authorization
Requests.--Section 10216 of title 10, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Information Required To Be Submitted With Annual End
Strength Authorization Request.--(1) The Secretary of Defense
shall include as part of the budget justification documents
submitted to Congress with the budget of the Department of
Defense for any fiscal year the following information with
respect to the end strengths for military technicians
requested in that budget pursuant to section 115(g) of this
title, shown separately for each of the Army and Air Force
reserve components:
``(A) The number of dual-status technicians in the high
priority units and organizations specified in subsection
(a)(1).
``(B) The number of technicians other than dual-status
technicians in the high priority units and organizations
specified in subsection (a)(1).
``(C) The number of dual-status technicians in other than
high priority units and organizations specified in subsection
(a)(1).
``(D) The number of technicians other than dual-status
technicians in other than high priority units and
organizations specified in subsection (a)(1).
``(2)(A) If the budget submitted to Congress for any fiscal
year requests authorization for that fiscal year under
section 115(g) of this title of a military technician end
strength for a reserve component of the Army or Air Force in
a number that constitutes a reduction from the end strength
minimum established by law for that reserve component for the
fiscal year during which the budget is submitted, the
Secretary of Defense shall submit to the congressional
defense committees with that budget a justification providing
the basis for that requested reduction in technician end
strength.
``(B) Any justification submitted under subparagraph (A)
shall clearly delineate--
``(i) in the case of a reduction that includes a reduction
in technicians described in subparagraph (A) or (C) of
paragraph (1), the specific force structure reductions
forming the basis for such requested technician reduction
(and the numbers related to those force structure
reductions); and
``(ii) in the case of a reduction that includes reductions
in technicians described in subparagraphs (B) or (D) of
paragraph (1), the specific force structure reductions,
Department of Defense civilian personnel reductions, or other
reasons forming the basis for such requested technician
reduction (and the numbers related to those reductions).''.
(c) Technical Amendments.--Such section is further
amended--
(1) in subsection (a), by striking out ``section 115'' and
inserting in lieu thereof ``section 115(g)''; and
(2) in subsection (c), as redesignated by subsection
(b)(1), by striking out ``after the date of the enactment of
this section'' both places it appears and inserting in lieu
thereof ``after February 10, 1996,''.
SEC. 414. ASSURANCE OF CONTINUED ASSIGNMENT OF MILITARY
PERSONNEL TO SERVE IN SELECTIVE SERVICE SYSTEM.
(a) Number of Military Personnel To Be Assigned.--Section
10 of the Military Selective Service Act (50 U.S.C. App. 460)
is amended--
(1) in subsection (b)(2), by inserting ``, subject to
subsection (e),'' after ``to employ such number of civilians,
and''; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) The total number of armed forces personnel assigned
to the Selective Service System under subsection (b)(2) at
any time may not be less than the number of such personnel
determined by the Director of Selective Service to be
necessary, but not to exceed 745 persons, except that the
President may assign additional armed forces personnel to the
Selective Service System during a time of war or a national
emergency declared by Congress or the President.''.
(b) Stylistic Amendments.--Subsection (b) of such section
is amended--
(1) by striking out ``authorized--'' in the matter
preceding paragraph (1) and inserting in lieu thereof
``authorized to undertake the following:'';
(2) by striking out ``to'' at the beginning of paragraphs
(1) through (7) and inserting in lieu thereof ``To'';
(3) by striking out ``subject'' at the beginning of
paragraphs (8), (9), and (10) and inserting in lieu thereof
``Subject''; and
(4) by striking out the semicolon at the end of paragraphs
(1) through (9) and inserting in lieu thereof a period.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1997 a total of $70,056,130,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1997.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Grade of Chief of Naval Research.
Sec. 502. Chief and assistant chief of Army Nurse Corps and Air Force
Nurse Corps.
Sec. 503. Navy spot promotion authority for certain lieutenants with
critical skills.
Sec. 504. Time for award of degrees by unaccredited educational
institutions for graduates to be considered educationally
qualified for appointment as Reserve officers in grade O-
3.
Sec. 505. Exception to baccalaureate degree requirement for appointment
in the Naval Reserve in grades above O-2.
Sec. 506. Chief warrant officer promotions.
Sec. 507. Service credit for senior ROTC cadets and midshipmen in
simultaneous membership program.
Sec. 508. Continuation on active status for certain Reserve officers of
the Air Force.
Sec. 509. Reports on response to recommendations concerning
improvements to Department of Defense joint manpower
process.
Sec. 510. Frequency of reports to Congress on joint officer management
policies.
Subtitle B--Enlisted Personnel Policy
Sec. 511. Career service reenlistments for members with at least 10
years of service.
Sec. 512. Authority to extend period for entry on active duty under the
delayed entry program.
Subtitle C--Activation and Recall
Sec. 521. Limitations on recall of retired members to active duty.
Sec. 522. Clarification of definition of active status.
Sec. 523. Limitation of requirement for physical examinations of
members of National Guard called into Federal service.
Subtitle D--Reserve Component Retirement
Sec. 531. Increase in annual limit on days of inactive duty training
creditable toward reserve retirement.
Sec. 532. Retirement of reserve enlisted members who qualify for active
duty retirement after administrative reduction in
enlisted grade.
Sec. 533. Authority for a Reserve on active duty to waive retirement
sanctuary.
Sec. 534. Eligibility of Reserves for disability retirement.
Subtitle E--Other Reserve Component Matters
Sec. 541. Training for Reserves on active duty in support of the
Reserves.
Sec. 542. Eligibility for enrollment in Ready Reserve mobilization
income insurance program.
Sec. 543. Reserve credit for participation in Health Professions
Scholarship and Financial Assistance Program.
Sec. 544. Amendments to Reserve Officer Personnel Management Act
provisions.
Sec. 545. Report on number of advisers in active component support of
Reserves pilot program.
Sec. 546. Sense of Congress and report regarding reemployment rights
for mobilized reservists employed in foreign countries.
Sec. 547. Payment of premiums under Mobilization Income Insurance
Program.
Subtitle F--Officer Education Programs
Sec. 551. Oversight and management of Senior Reserve Officers' Training
Corps program.
Sec. 552. Prohibition on reorganization of Army ROTC cadet command or
termination of senior ROTC units pending report on ROTC.
Sec. 553. Pilot program to test expansion of ROTC program to include
graduate students.
[[Page 1938]]
Sec. 554. Demonstration project for instruction and support of Army
ROTC units by members of the Army Reserve and National
Guard.
Sec. 555. Extension of maximum age for appointment as a cadet or
midshipman in the Senior Reserve Officers' Training Corps
and the service academies.
Sec. 556. Expansion of eligibility for education benefits to include
certain Reserve Officers' Training Corps (ROTC)
participants.
Sec. 557. Comptroller General report on cost and policy implications of
permitting up to five percent of service academy
graduates to be assigned directly to Reserve duty upon
graduation.
Subtitle G--Decorations and Awards
Sec. 561. Authority for award of Medal of Honor to certain African
American soldiers who served during World War II.
Sec. 562. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 563. Replacement of certain American Theater Campaign Ribbons.
Subtitle H--Other Matters
Sec. 571. Hate crimes in the military.
Sec. 572. Disability coverage for members granted excess leave for
educational or emergency purposes.
Sec. 573. Clarification of authority of a reserve judge advocate to act
as a military notary public when not in a duty status.
Sec. 574. [H531-539 SR w/am] Panel on jurisdiction of courts-martial
for the National Guard when not in Federal service.
Sec. 575. Authority to expand law enforcement placement program to
include firefighters.
Sec. 576. Improvements to program to assist separated military and
civilian personnel to obtain employment as teachers or
teachers' aides.
Sec. 577. Retirement at grade to which selected for promotion when a
physical disability is found at any physical examination.
Sec. 578. [S537 HR w/am] Revisions to missing persons authorities.
Subtitle I--Commissioned Corps of the Public Health Service
Sec. 581. Applicability to Public Health Service of prohibition on
crediting cadet or midshipmen service at the service
academies.
Sec. 582. Exception to strength limitations for Public Health Service
officers assigned to the Department of Defense.
Sec. 583. Authority to provide legal assistance to Public Health
Service officers.
Subtitle A--Officer Personnel Policy
SEC. 501. GRADE OF CHIEF OF NAVAL RESEARCH.
(a) Rear Admiral (Upper Half).--Section 5022(a) of title
10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Unless appointed to higher grade under another
provision of law, an officer, while serving in the Office of
Naval Research as Chief of Naval Research, has the rank of
rear admiral (upper half).''.
(b) Effective Date.--Paragraph (2) of section 5022(a) of
title 10, United States Code, as added by subsection (a),
shall take effect upon the occurrence of the first vacancy in
the position of Chief of Naval Research after the date of the
enactment of this Act.
SEC. 502. CHIEF AND ASSISTANT CHIEF OF ARMY NURSE CORPS AND
AIR FORCE NURSE CORPS.
(a) Army Nurse Corps.--(1) Subsection (b) of section 3069
of title 10, United States Code, is amended--
(A) in the first sentence, by striking out ``major'' and
inserting in lieu thereof ``lieutenant colonel'';
(B) by inserting after the first sentence the following:
``An appointee who holds a lower regular grade shall be
appointed in the regular grade of brigadier general.''; and
(C) in the last sentence, by inserting ``to the same
position'' before the period at the end.
(2) Subsection (c) of such section is amended by striking
out ``major'' in the first sentence and inserting in lieu
thereof ``lieutenant colonel''.
(3) The heading of such section is amended to read as
follows:
``Sec. 3069. Army Nurse Corps: composition; Chief and
assistant chief; appointment; grade
(b) Air Force Nurse Corps.--Chapter 807 of such title is
amended by inserting after section 8067 the following new
section:
``Sec. 8069. Air Force nurses: Chief and assistant chief;
appointment; grade
``(a) Positions of Chief and Assistant Chief.--There are a
Chief and assistant chief of the Air Force Nurse Corps.
``(b) Chief.--The Secretary of the Air Force shall appoint
the Chief from the officers of the Regular Air Force
designated as Air Force nurses whose regular grade is above
lieutenant colonel and who are recommended by the Surgeon
General. An appointee who holds a lower regular grade shall
be appointed in the regular grade of brigadier general. The
Chief serves during the pleasure of the Secretary, but not
for more than three years, and may not be reappointed to the
same position.
``(c) Assistant Chief.--The Surgeon General shall appoint
the assistant chief from the officers of the Regular Air
Force designated as Air Force nurses whose regular grade is
above lieutenant colonel.''.
(c) Clerical Amendments.--(1) The item relating to section
3069 in the table of sections at the beginning of chapter 307
of such title is amended to read as follows:
``3069. Army Nurse Corps: composition; Chief and assistant chief;
appointment; grade.''.
(2) The table of sections at the beginning of chapter 807
of such title is amended by inserting after the item relating
to section 8067 the following new item:
``8069. Air Force Nurse Corps: Chief and assistant chief; appointment;
grade.''.
SEC. 503. NAVY SPOT PROMOTION AUTHORITY FOR CERTAIN
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Advice-and-Consent Appointments.--Subsection (a) of
section 5721 of title 10, United States Code, is amended by
striking out ``the President alone'' and inserting in lieu
thereof ``the President, by and with the advice and consent
of the Senate''.
(b) Repeal of Termination of Authority.--Such section is
further amended by striking out subsection (g).
(c) Clerical Amendment.--The caption for subsection (a) is
amended to read as follows: ``Promotion Authority for Certain
Officers With Critical Skills.--''.
SEC. 504. TIME FOR AWARD OF DEGREES BY UNACCREDITED
EDUCATIONAL INSTITUTIONS FOR GRADUATES TO BE
CONSIDERED EDUCATIONALLY QUALIFIED FOR
APPOINTMENT AS RESERVE OFFICERS IN GRADE O-3.
Section 12205(c)(2)(C) of title 10, United States Code, is
amended by striking out ``three years'' and inserting in lieu
thereof ``eight years''.
SEC. 505. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT FOR
APPOINTMENT IN THE NAVAL RESERVE IN GRADES
ABOVE O-2.
Section 12205(b)(3) of title 10, United States Code, is
amended by inserting ``or the Seaman to Admiral program''
after ``(NAVCAD) program''.
SEC. 506. CHIEF WARRANT OFFICER PROMOTIONS.
(a) Reduction of Minimum Time in Grade Required for
Consideration for Promotion.--Section 574(e) of title 10,
United States Code, is amended by striking out ``three years
of service'' and inserting in lieu thereof ``two years of
service''.
(b) Below-Zone Selection.--Section 575(b)(1) of such title
is amended by inserting ``chief warrant officer, W-3,'' in
the first sentence after ``to consider warrant officers for
selection for promotion to the grade of''.
SEC. 507. SERVICE CREDIT FOR SENIOR ROTC CADETS AND
MIDSHIPMEN IN SIMULTANEOUS MEMBERSHIP PROGRAM.
(a) Amendments to Title 10.--(1) Section 2106(c) of title
10, United States Code, is amended by striking out ``while
serving on active duty other than for training after July 31,
1990, while a member of the Selected Reserve'' and inserting
in lieu thereof ``performed on or after August 1, 1979, as a
member of the Selected Reserve''.
(2) Section 2107(g) of such title is amended by striking
out ``while serving on active duty other than for training
after July 31, 1990, while a member of the Selected Reserve''
and inserting in lieu thereof ``performed on or after August
1, 1979, as a member of the Selected Reserve''.
(3) Section 2107a(g) of such title is amended by inserting
``, other than enlisted service performed after August 1,
1979, as a member of Selected Reserve'' after ``service as a
cadet or with concurrent enlisted service''.
(b) Amendment to Title 37.--Section 205(d) of title 37,
United States Code, is amended by striking out ``that service
after July 31, 1990, that the officer performed while serving
on active duty'' and inserting in lieu thereof ``for service
that the officer performed on or after August 1, 1979.''.
(c) Benefits Not To Accrue for Prior Periods.--No increase
in pay or retired or retainer pay shall accrue for periods
before the date of the enactment of this Act by reason of the
amendments made by this section.
SEC. 508. CONTINUATION ON ACTIVE STATUS FOR CERTAIN RESERVE
OFFICERS OF THE AIR FORCE.
(a) Authority.--Section 14507 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Temporary Authority To Retain Certain Officers
Designated as Judge Advocates.--(1) Notwithstanding the
provisions of subsections (a) and (b), the Secretary of the
Air Force may retain on the reserve active-status list any
reserve officer of the Air Force who is designated as a judge
advocate and who obtained the first professional degree in
law while on an educational delay program subsequent to being
commissioned through the Reserve Officers' Training Corps.
``(2) No more than 50 officers may be retained on the
reserve active-status list under the authority of paragraph
(1) at any time.
``(3) No officer may be retained on the reserve active-
status list under the authority of paragraph (1) for a period
exceeding three years from the date on which, but for that
authority, that officer would have been removed from the
reserve active-status list under subsection (a) or (b).
``(4) The authority of the Secretary of the Air Force under
paragraph (1) expires on September 30, 2003.''.
[[Page 1939]]
(b) Effective Date.--Subsection (c) of section 14507 of
title 10, United States Code, as added by subsection (a),
shall take effect on October 1, 1996.
SEC. 509. REPORTS ON RESPONSE TO RECOMMENDATIONS CONCERNING
IMPROVEMENTS TO DEPARTMENT OF DEFENSE JOINT
MANPOWER PROCESS.
(a) Semiannual Report.--The Secretary of Defense shall
submit to Congress a semiannual report on the status of
actions taken by the Secretary to implement the
recommendations made by the Department of Defense Inspector
General in the report of November 29, 1995, entitled
``Inspection of the Department of Defense Joint Manpower
Process'' (Report No. 96-029). The first such report shall be
submitted not later than February 1, 1997. The requirement to
submit such reports terminates after the fourth such report
is submitted.
(b) Additional Matter for First Report.--As part of the
first report under subsection (a), the Secretary shall
include the following:
(1) The Secretary's assessment as to the need to establish
a joint, centralized permanent organization in the Department
of Defense to determine, validate, approve, and manage
military and civilian manpower requirements resources at
joint organizations.
(2) The Secretary's assessment of the Department of Defense
timeline and plan to increase the capability of the joint
professional military education system (including the Armed
Forces Staff College) to overcome the capacity limitations
cited in the report referred to in subsection (a).
(3) The Secretary's plan and timeline to provide the
necessary training and education of reserve component
officers.
(c) GAO Assessment.--The Comptroller General of the United
States shall assess the completeness and adequacy of the
corrective actions taken by the Secretary with respect to the
matters covered in the Inspector General report referred to
in subsection (a). Not later than one year after the date of
the enactment of this Act, the Comptroller General shall
submit to Congress a report, based on the assessment under
this subsection, providing the Comptroller General's findings
and recommendations.
SEC. 510. FREQUENCY OF REPORTS TO CONGRESS ON JOINT OFFICER
MANAGEMENT POLICIES.
(a) Change from Semiannual to Annual Report.--Section
662(b) of title 10, United States Code, is amended by
striking out ``Report.--The Secretary of Defense shall
periodically (and not less often than every six months)
report to Congress on the promotion rates'' and inserting in
lieu thereof ``Annual Report.--Not later than January 1 of
each year, the Secretary of Defense shall submit to Congress
a report on the promotion rates during the preceding fiscal
year''.
(b) Technical and Conforming Amendments.--Such section is
further amended--
(1) in the first sentence, by striking out ``clauses'' and
inserting in lieu thereof ``paragraphs''; and
(2) in the second sentence--
(A) by inserting ``for any fiscal year'' after ``such
objectives''; and
(B) by striking out ``periodic report required by this
subsection'' and inserting in lieu thereof ``report for that
fiscal year''.
Subtitle B--Enlisted Personnel Policy
SEC. 511. CAREER SERVICE REENLISTMENTS FOR MEMBERS WITH AT
LEAST 10 YEARS OF SERVICE.
Subsection (d) of section 505 of title 10, United States
Code, is amended to read as follows:
``(d)(1) The Secretary concerned may accept a reenlistment
in the Regular Army, Regular Navy, Regular Air Force, Regular
Marine Corps, or Regular Coast Guard, as the case may be, for
a period determined under this subsection.
``(2) In the case of a member who has less than 10 years of
service in the armed forces as of the day before the first
day of the period for which reenlisted, the period for which
the member reenlists shall be at least two years but not more
than six years.
``(3) In the case of a member who has at least 10 years of
service in the armed forces as of the day before the first
day of the period for which reenlisted, the Secretary
concerned may accept a reenlistment for either--
``(A) a specified period of at least two years but not more
than six years; or
``(B) an unspecified period.
``(4) No enlisted member is entitled to be reenlisted for a
period that would expire before the end of the member's
current enlistment.''.
SEC. 512. AUTHORITY TO EXTEND PERIOD FOR ENTRY ON ACTIVE DUTY
UNDER THE DELAYED ENTRY PROGRAM.
(a) Authority.--Section 513(b) of title 10, United States
Code, is amended by inserting after the first sentence the
following: ``The Secretary concerned may extend the 365-day
period for any person for up to an additional 180 days if the
Secretary determines that it is in the best interests of the
armed force of which that person is a member to do so.''.
(b) Technical Amendments.--Section 513(b) of such title, as
amended by subsection (a), is further amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the third sentence as paragraph (2); and
(3) in paragraph (2), as so designated, by striking out
``the preceding sentence'' and inserting in lieu thereof
``paragraph (1)''.
Subtitle C--Activation and Recall
SEC. 521. LIMITATIONS ON RECALL OF RETIRED MEMBERS TO ACTIVE
DUTY.
(a) Revision and Recodification of Authorities Relating to
Retired Members Ordered to Active Duty.--Chapter 39 of title
10, United States Code, is amended by striking out section
688 and inserting in lieu thereof the following:
``Sec. 688. Retired members: authority to order to active
duty; duties
``(a) Authority.--Under regulations prescribed by the
Secretary of Defense, a member described in subsection (b)
may be ordered to active duty by the Secretary of the
military department concerned at any time.
``(b) Covered Members.--Except as provided in subsection
(d), subsection (a) applies to the following members of the
armed forces:
``(1) A retired member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps.
``(2) A member of the Retired Reserve who was retired under
section 1293, 3911, 3914, 6323, 8911, or 8914 of this title.
``(3) A member of the Fleet Reserve or Fleet Marine Corps
Reserve.
``(c) Duties of Member Ordered to Active Duty.--The
Secretary concerned may, to the extent consistent with other
provisions of law, assign a member ordered to active duty
under this section to such duties as the Secretary considers
necessary in the interests of national defense.
``(d) Exclusion of Officers Retired on Selective Early
Retirement Basis.--The following officers may not be ordered
to active duty under this section:
``(1) An officer who retired under section 638 of this
title.
``(2) An officer who--
``(A) after having been notified that the officer was to be
considered for early retirement under section 638 of this
title by a board convened under section 611(b) of this title
and before being considered by that board, requested
retirement under section 3911, 6323, or 8911 of this title;
and
``(B) was retired pursuant to that request.
``(e) Limitation of Period of Recall Service.--A member
ordered to active duty under subsection (a) may not serve on
active duty pursuant to orders under that subsection for more
than 12 months within the 24 months following the first day
of the active duty to which ordered under that subsection.
``(f) Waiver for Periods of War or National Emergency.--
Subsections (d) and (e) do not apply in time of war or of
national emergency declared by Congress or the President.
``Sec. 689. Retired members: grade in which ordered to active
duty and upon release from active duty
``(a) General Rule for Grade in Which Ordered to Active
Duty.--Except as provided in subsections (b) and (c), a
retired member ordered to active duty under section 688 of
this title shall be ordered to active duty in the member's
retired grade.
``(b) Members Retired in O-9 and O-10 Grades.--A retired
member ordered to active duty under section 688 of this title
whose retired grade is above the grade of major general or
rear admiral shall be ordered to active duty in the highest
permanent grade held by such member while serving on active
duty.
``(c) Members Who Previously Served in Grade Higher Than
Retired Grade.--(1) A retired member ordered to active duty
under section 688 of this title who has previously served on
active duty satisfactorily, as determined by the Secretary of
the military department concerned, in a grade higher than
that member's retired grade may be ordered to active duty in
the highest grade in which the member had so served
satisfactorily, except that such a member may not be so
ordered to active duty in a grade above major general or rear
admiral.
``(2) A retired member ordered to active duty in a grade
that is higher than the member's retired grade pursuant to
subsection (a) shall be treated for purposes of section 690
of this title as if the member was promoted to that higher
grade while on that tour of active duty.
``(3) If, upon being released from that tour of active
duty, such a retired member has served on active duty
satisfactorily, as determined by the Secretary concerned, for
not less than a total of 36 months in a grade that is a
higher grade than the member's retired grade, the member is
entitled to placement on the retired list in that grade.
``(d) Grade Upon Release From Active Duty.--A member
ordered to active duty under section 688 of this title who,
while on active duty, is promoted to a grade that is higher
than that member's retired grade is entitled, upon that
member's release from that tour of active duty, to placement
on the retired list in the highest grade in which the member
served on active duty satisfactorily, as determined by the
Secretary of the military department concerned, for not less
than six months.
``Sec. 690. Retired members ordered to active duty:
limitation on number
``(a) General and Flag Officers.--Not more than 15 retired
general officers of the Army, Air Force, or Marine Corps, and
not more than 15 retired flag officers of the Navy, may be on
active duty at any one time. For the purposes of this
subsection a retired officer ordered to active duty for a
period of 60 days or less is not counted.
``(b) Limitation by Service.--(1) Not more than 25 officers
of any one armed force may be serving on active duty
concurrently pur
[[Page 1940]]
suant to orders to active duty issued under section 688 of
this title.
``(2) In the administration of paragraph (1), the following
officers shall not be counted:
``(A) A chaplain who is assigned to duty as a chaplain for
the period of active duty to which ordered.
``(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of the active duty to which
ordered.
``(C) Any officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.
``(c) Waiver for Periods of War or National Emergency.--
Subsection (a) does not apply in time of war or of national
emergency declared by Congress or the President after
November 30, 1980. Subsection (b) does not apply in time of
war or of national emergency declared by Congress or the
President.''.
(b) Effective Date.--The amendments made by this section
shall take effect on September 30, 1997.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking out the item
relating to section 688 and inserting in lieu thereof the
following:
``688. Retired members: authority to order to active duty; duties.
``689. Retired members: grade in which ordered to active duty and upon
release from active duty.
``690. Retired members ordered to active duty: limitation on number.''.
(d) Cross Reference Amendment.--Section 6151(a) of title
10, United States Code, is amended by striking out ``688''
and inserting in lieu thereof ``689''.
SEC. 522. CLARIFICATION OF DEFINITION OF ACTIVE STATUS.
Section 101(d)(4) of title 10, United States Code, is
amended by striking out ``a reserve commissioned officer,
other than a commissioned warrant officer,'' and inserting in
lieu thereof the following: ``a member of a reserve
component''.
SEC. 523. LIMITATION OF REQUIREMENT FOR PHYSICAL EXAMINATIONS
OF MEMBERS OF NATIONAL GUARD CALLED INTO
FEDERAL SERVICE.
Section 12408(a) of title 10, United States Code, is
amended by inserting ``under section 12301(a), 12302, or
12304 of this title'' after ``called into Federal service''.
Subtitle D--Reserve Component Retirement
SEC. 531. INCREASE IN ANNUAL LIMIT ON DAYS OF INACTIVE DUTY
TRAINING CREDITABLE TOWARD RESERVE RETIREMENT.
(a) Increase in Limit.--Section 12733(3) is amended by
inserting before the period at the end the following: ``of
service before the year of service in which the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 1997 occurs and not more than 75 days in any
subsequent year of service''.
(b) Tracking System for Award of Retirement Points.--To
better enable the Secretary of Defense and Congress to assess
the cost and the effect on readiness of the amendment made by
subsection (a) and of other potential changes to the Reserve
retirement system under chapter 1223 of title 10, United
States Code, the Secretary of Defense shall require the
Secretary of each military department to implement a system
to monitor the award of retirement points for purposes of
that chapter by categories in accordance with the
recommendation set forth in the August 1988 report of the
Sixth Quadrennial Review of Military Compensation.
(c) Recommendations to Congress.--The Secretary shall
submit to Congress, not later than one year after the date of
the enactment of this Act, the recommendations of the
Secretary with regard to the adoption of the following
Reserve retirement initiatives recommended in the August 1988
report of the Sixth Quadrennial Review of Military
Compensation:
(1) Elimination of membership points under subparagraph (C)
of section 12732(a)(2) of title 10, United States Code, in
conjunction with a decrease from 50 to 35 in the number of
points required for a satisfactory year under that section.
(2) Limitation to 60 in any year on the number of points
that may be credited under subparagraph (B) of section
12732(a)(2) of such title at two points per day.
(3) Limitation to 360 in any year on the total number of
retirement points countable for purposes of section 12733 of
such title.
SEC. 532. RETIREMENT OF RESERVE ENLISTED MEMBERS WHO QUALIFY
FOR ACTIVE DUTY RETIREMENT AFTER ADMINISTRATIVE
REDUCTION IN ENLISTED GRADE.
(a) Army.--(1) Chapter 369 of title 10, United States Code,
is amended by inserting after section 3962 the following new
section:
``Sec. 3963. Highest grade held satisfactorily: Reserve
enlisted members reduced in grade not as a result of the
member's misconduct
``(a) A Reserve enlisted member of the Army described in
subsection (b) who is retired under section 3914 of this
title shall be retired in the highest enlisted grade in which
the member served on active duty satisfactorily (or, in the
case of a member of the National Guard, in which the member
served on full-time National Guard duty satisfactorily), as
determined by the Secretary of the Army.
``(b) This section applies to a Reserve enlisted member
who--
``(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-
time National Guard duty) in a grade lower than the highest
enlisted grade held by the member while on active duty (or
full-time National Guard duty); and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Army.
``(c) This section applies with respect to Reserve enlisted
members who are retired under section 3914 of this title
after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
3962 the following new item:
``3963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(b) Navy and Marine Corps.--(1) Chapter 571 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 6336. Highest grade held satisfactorily: Reserve
enlisted members reduced in grade not as a result of the
member's misconduct
``(a) A member of the Naval Reserve or Marine Corps Reserve
described in subsection (b) who is transferred to the Fleet
Reserve or the Fleet Marine Corps Reserve under section 6330
of this title shall be transferred in the highest enlisted
grade in which the member served on active duty
satisfactorily, as determined by the Secretary of the Navy.
``(b) This section applies to a Reserve enlisted member
who--
``(1) at the time of transfer to the Fleet Reserve or Fleet
Marine Corps Reserve is serving on active duty in a grade
lower than the highest enlisted grade held by the member
while on active duty; and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Navy.
``(c) This section applies with respect to enlisted members
of the Naval Reserve and Marine Corps Reserve who are
transferred to the Fleet Reserve or the Fleet Marine Corps
Reserve after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``6336. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(c) Air Force.--(1) Chapter 869 of title 10, United States
Code, is amended by inserting after section 8962 the
following new section:
``Sec. 8963. Highest grade held satisfactorily: Reserve
enlisted members reduced in grade not as a result of the
member's misconduct
``(a) A Reserve enlisted member of the Air Force described
in subsection (b) who is retired under section 8914 of this
title shall be retired in the highest enlisted grade in which
the member served on active duty satisfactorily (or, in the
case of a member of the National Guard, in which the member
served on full-time National Guard duty satisfactorily), as
determined by the Secretary of the Air Force.
``(b) This section applies to a Reserve enlisted member
who--
``(1) at the time of retirement is serving on active duty
(or, in the case of a member of the National Guard, on full-
time National Guard duty) in a grade lower than the highest
enlisted grade held by the member while on active duty (or
full-time National Guard duty); and
``(2) was previously administratively reduced in grade not
as a result of the member's own misconduct, as determined by
the Secretary of the Air Force.
``(c) This section applies with respect to Reserve enlisted
members who are retired under section 8914 of this title
after September 30, 1996.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
8962 the following new item:
``8963. Highest grade held satisfactorily: Reserve enlisted members
reduced in grade not as a result of the member's
misconduct.''.
(d) Computation of Retired and Retainer Pay Based Upon
Retired Grade.--(1) Section 3991 of such title is amended by
adding at the end the following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members
Covered by Section 3963.--In the case of a Reserve enlisted
member retired under section 3914 of this title whose retired
grade is determined under section 3963 of this title and who
first became a member of a uniformed service before September
8, 1980, the retired pay base of the member (notwithstanding
section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined
based upon the rates of basic pay applicable on the date of
the member's retirement), and that amount shall be used for
the purposes of subsection (a)(1)(A) rather than the amount
computed under section 1406(c) of this title.''.
(2) Section 0634 of such title is amended by adding at the
end the following new subsection:
``(c) In the case of a Reserve enlisted member whose grade
upon transfer to the Fleet Reserve or Fleet Marine Corps
Reserve is determined under section 6336 of this title and
who first became a member of a uniformed service before
September 8, 1980, the retainer pay base of the member
(notwithstanding
[[Page 1941]]
section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the grade in which the member is so
transferred (determined based upon the rates of basic pay
applicable on the date of the member's transfer), and that
amount shall be used for the purposes of the table in
subsection (a) rather than the amount computed under section
1406(d) of this title.''.
(3) Section 8991 of such title is amended by adding at the
end the following new subsection:
``(c) Special Rule for Retired Reserve Enlisted Members
Covered by Section 8963.--In the case of a Reserve enlisted
member retired under section 8914 of this title whose retired
grade is determined under section 8963 of this title and who
first became a member of a uniformed service before September
8, 1980, the retired pay base of the member (notwithstanding
section 1406(a)(1) of this title) is the amount of the
monthly basic pay of the member's retired grade (determined
based upon the rates of basic pay applicable on the date of
the member's retirement), and that amount shall be used for
the purposes of subsection (a)(1)(A) rather than the amount
computed under section 1406(e) of this title.''.
SEC. 533. AUTHORITY FOR A RESERVE ON ACTIVE DUTY TO WAIVE
RETIREMENT SANCTUARY.
Section 12686 of title 10, United States Code, is amended--
(1) by inserting ``(a) Limitation.--'' before ``Under
regulations''; and
(2) by adding at the end the following:
``(b) Waiver.--With respect to a member of a reserve
component who is to be ordered to active duty (other than for
training) under section 12301 of this title pursuant to an
order to active duty that specifies a period of less than 180
days and who (but for this subsection) would be covered by
subsection (a), the Secretary concerned may require, as a
condition of such order to active duty, that the member waive
the applicability of subsection (a) to the member for the
period of active duty covered by that order. In carrying out
this subsection, the Secretary concerned may require that a
waiver under the preceding sentence be executed before the
period of active duty begins.''.
SEC. 534. ELIGIBILITY OF RESERVES FOR DISABILITY RETIREMENT.
Paragraph (2) of section 1204 of title 10, United States
Code, is amended to read as follows:
``(2) the disability is the proximate result of, or was
incurred in line of duty after the date of the enactment of
this Act as a result of--
``(A) performing active duty or inactive-duty training;
``(B) traveling directly to or from the place at which such
duty is performed; or
``(C) an injury, illness, or disease incurred or aggravated
while remaining overnight, between successive periods of
inactive-duty training, at or in the vicinity of the site of
the inactive duty training, if the site is outside reasonable
commuting distance of the member's residence;''.
Subtitle E--Other Reserve Component Matters
SEC. 541. TRAINING FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Subsection (b) of section 12310 of title 10, United States
Code, is amended to read as follows:
``(b) A Reserve on active duty as described in subsection
(a) may be provided training consistent with training
provided to other members on active duty, as the Secretary
concerned sees fit.''.
SEC. 542. ELIGIBILITY FOR ENROLLMENT IN READY RESERVE
MOBILIZATION INCOME INSURANCE PROGRAM.
Section 12524 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g) Members of Individual Ready Reserve.--Notwithstanding
any other provision of this section, and pursuant to
regulations issued by the Secretary, a member of the
Individual Ready Reserve who becomes a member of the Selected
Reserve shall not be denied eligibility to purchase insurance
under this chapter upon becoming a member of the Selected
Reserve unless the member previously declined to enroll in
the program of insurance under this chapter while a member of
the Selected Reserve.''.
SEC. 543. RESERVE CREDIT FOR PARTICIPATION IN HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
(a) Credit Authorized.--Section 2126 of title 10, United
States Code, is amended--
(1) by striking out ``Service performed'' and inserting in
lieu thereof ``(a) Service Not Creditable.--Except as
provided in subsection (b), service performed''; and
(2) by adding at the end the following:
``(b) Service Creditable for Certain Purposes.--(1) The
Secretary concerned may authorize service performed by a
member of the program in pursuit of a course of study under
this subchapter to be counted in accordance with this
subsection if the member--
``(A) completes the course of study;
``(B) completes the active duty obligation imposed under
section 2123(a) of this title; and
``(C) possesses a specialty designated by the Secretary
concerned as critically needed in wartime.
``(2) Service credited under paragraph (1) counts only for
the following purposes:
``(A) Award of retirement points for computation of years
of service under section 12732 of this title and for
computation of retired pay under section 12733 of this title.
``(B) Computation of years of service creditable under
section 205 of title 37.
``(3) For purposes of paragraph (2)(A), a member may be
credited in accordance with paragraph (1) with not more than
50 points for each year of participation in a course of study
that the member satisfactorily completes as a member of the
program.
``(4) Service may not be counted under paragraph (1) for
more than four years of participation in a course of study as
a member of the program.
``(5) A member is not entitled to any retroactive award of,
or increase in, pay or allowances under title 37 by reason of
an award of service credit under paragraph (1).''.
(b) Award of Retirement Points.--(1) Section 12732(a)(2) of
such title is amended--
(A) by inserting after clause (C) the following:
``(D) Points credited for the year under section 2126(b) of
this title.''; and
(B) in the matter following clause (D), as inserted by
paragraph (1), by striking out ``and (C)'' and inserting in
lieu thereof ``(C), and (D)''.
(2) Section 12733(3) of such title is amended by striking
out ``or (C)'' and inserting in lieu thereof ``(C), or (D)''.
SEC. 544. AMENDMENTS TO RESERVE OFFICER PERSONNEL MANAGEMENT
ACT PROVISIONS.
(a) Service Requirement for Retirement in Highest Grade
Held.--Section 1370(d) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) in paragraph (2)(A), by striking out ``(A)'';
(3) by redesignating paragraph (2)(B) as paragraph (3); and
(4) in paragraph (3), as so redesignated--
(A) by designating the first sentence as subparagraph (A);
(B) by designating the second sentence as subparagraph (B);
(C) in subparagraph (B), as so redesignated, by striking
out ``the preceding sentence'' and inserting in lieu thereof
``subparagraph (A)''; and
(D) by adding at the end the following:
``(C) If a person covered by subparagraph (A) has completed
at least six months of satisfactory service in grade, the
person was serving in that grade while serving in a position
of adjutant general required under section 314 of title 32 or
while serving in a position of assistant adjutant general
subordinate to such a position of adjutant general, and the
person has failed to complete three years of service in that
grade solely because the person's appointment to such
position has been terminated or vacated as described in
section 324(b) of such title, then such person may be
credited with satisfactory service in that grade,
notwithstanding the failure to complete three years of
service in that grade.
``(D) To the extent authorized by the Secretary of the
military department concerned, a person who, after having
been recommended for promotion in a report of a promotion
board but before being promoted to the recommended grade,
served in a position for which that grade is the minimum
authorized grade may be credited for purposes of subparagraph
(A) as having served in that grade for the period for which
the person served in that position while in the next lower
grade. The period credited may not include any period before
the date on which the Senate provides advice and consent for
the appointment of that person in the recommended grade.
``(E) To the extent authorized by the Secretary of the
military department concerned, a person who, after having
been extended temporary Federal recognition as a reserve
officer of the Army National Guard in a particular grade
under section 308 of title 32 or temporary Federal
recognition as a reserve officer of the Air National Guard in
a particular grade under such section, served in a position
for which that grade is the minimum authorized grade may be
credited for purposes of subparagraph (A) as having served in
that grade for the period for which the person served in that
position while extended the temporary Federal recognition,
but only if the person was subsequently extended permanent
Federal recognition as a reserve officer in that grade and
also served in that position after being extended the
permanent Federal recognition.''.
(b) Exception to Requirement for Retention of Reserve
Officers Until Completion of Required Service.--Section
12645(b)(2) of such title is amended by inserting ``or a
reserve active-status list'' after ``active-duty list''.
(c) Technical Correction.--Section 14314(b)(2)(B) of such
title is amended by striking out ``of the Air Force''.
SEC. 545. REPORT ON NUMBER OF ADVISERS IN ACTIVE COMPONENT
SUPPORT OF RESERVES PILOT PROGRAM.
(a) Report on Number of Active Component Advisers.--Not
later than six months after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report setting
forth the Secretary's determination as to the appropriate
number of active component personnel to be assigned to serve
as advisers to reserve components under section 414 of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (10 U.S.C. 12001 note). If the Secretary's determination
[[Page 1942]]
is that such number should be a number other than the
required minimum number in effect under subsection (c) of
such section, the Secretary shall include in the report an
explanation providing the Secretary's justification for the
number recommended.
(b) Technical Amendment.--Section 414(a) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10
U.S.C. 12001 note) is amended by striking out ``During fiscal
years 1992 and 1993, the Secretary of the Army shall
institute'' and inserting in lieu thereof ``The Secretary of
the Army shall carry out''.
SEC. 546. SENSE OF CONGRESS AND REPORT REGARDING REEMPLOYMENT
RIGHTS FOR MOBILIZED RESERVISTS EMPLOYED IN
FOREIGN COUNTRIES.
(a) Sense of Congress.--Congress is concerned about the
lack of reemployment rights afforded Reserve component
members who reside in foreign countries and either work for
United States companies that maintain offices or operations
in foreign countries or work for foreign employers. Being
outside the jurisdiction of the United States, these
employers are not subject to the provisions of chapter 43 of
title 38, United States Code, known as the Uniformed Services
Employment and Reemployment Rights Act (USERRA). The purpose
of that Act is to provide statutory employment protections
that include reinstatement, seniority, status, and rate of
pay coverage for Reservists who are ordered to active duty
for a specified period of time, including involuntary active
duty in support of an operational contingency. While most
Reserve members are afforded the protections of that Act
(which covers reemployment rights in their civilian jobs upon
completion of military service), approximately 2,000 members
of the Selected Reserve reside outside the United States and
its territories and, not being guaranteed the job protection
envisioned by the USERRA, are potentially subject to
reemployment problems after release from active duty. This
situation poses a continuing personnel management challenge
for the reserve components.
(b) Recognition of Problem.--Congress, while recognizing
that foreign governments and companies located abroad, not
being within the jurisdiction of the United States, cannot be
required to comply with the provisions of the Uniformed
Services Employment and Reemployment Rights Act, also
recognizes that there is a need to provide assistance to
Reservists in the situation described in subsection (a), both
in the near term and the long term.
(c) Report Requirement.--Not later than April 1, 1997, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report that sets forth
recommended actions to help alleviate reemployment problems
for Reservists who are employed outside the United States and
its territories by United States companies that maintain
offices or operations in foreign countries or by foreign
employers. The report shall include recommendations on the
assistance and support that may be required by other
organizations of the Government, including the Defense
Attache Offices, the Department of Labor, and the Department
of State. The report shall be prepared in consultation with
the Secretary of State and the Secretary of Labor.
SEC. 547. PAYMENT OF PREMIUMS UNDER MOBILIZATION INCOME
INSURANCE PROGRAM.
Section 12527(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``of the Selected
Reserve'' after ``a member''; and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2) The Secretary of Defense, in consultation with the
Secretary of Transportation, shall prescribe regulations
which specify the procedures for payment of premiums by
members of the Individual Ready Reserve and other members who
do not receive pay on a monthly basis.''.
Subtitle F--Officer Education Programs
SEC. 551. OVERSIGHT AND MANAGEMENT OF SENIOR RESERVE
OFFICERS' TRAINING CORPS PROGRAM.
(a) Enrollment Priority To Be Consistent With Purpose of
Program.--(1) Section 2103 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) An educational institution at which a unit of the
program has been established shall give priority for
enrollment in the program to students who are eligible for
advanced training under section 2104 of this title.''.
(2) Section 2109 of such title is amended by adding at the
end the following new subsection:
``(c)(1) A person who is not qualified for, and (as
determined by the Secretary concerned) will not be able to
become qualified for, advanced training by reason of one or
more of the requirements prescribed in paragraphs (1) through
(3) of section 2104(b) of this title shall not be permitted
to participate in--
``(A) field training or a practice cruise under section
2106(b)(6) of this title; or
``(B) practical military training under subsection (a).
``(2) The Secretary of the military department concerned
may waive the limitation in paragraph (1) under procedures
prescribed by the Secretary. Such procedures shall ensure
uniform application of limitations and restrictions without
regard to the reason for disqualification for advanced
training.''.
(b) Wear of the Military Uniform.--Section 772(h) of such
title is amended by inserting before the period at the end
the following: ``if the wear of such uniform is specifically
authorized under regulations prescribed by the Secretary of
the military department concerned''.
SEC. 552. PROHIBITION ON REORGANIZATION OF ARMY ROTC CADET
COMMAND OR TERMINATION OF SENIOR ROTC UNITS
PENDING REPORT ON ROTC.
(a) Prohibition.--(1) The Secretary of the Army may not
reorganize or restructure the Reserve Officers Training Corps
Cadet Command, and may not terminate any Senior Reserve
Officer Training Corps unit identified in the document
referred to in paragraph (2), until 180 days after the date
on which the Secretary submits to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives the report described in
subsection (b).
(2) The document referred to in paragraph (1) is the
Department of Defense document dated May 20, 1996, entitled
``Information for Members of Congress concerning Senior
Reserve Officer Training Corps (ROTC) Unit Closures''.
(b) Report Contents.--The report referred to in subsection
(a) is a report by the Secretary of the Army in which the
Secretary--
(1) describes the selection process used to identify the
Reserve Officer Training Corps units of the Army to be
terminated;
(2) lists the criteria used by the Army to select Reserve
Officer Training Corps units for termination;
(3) sets forth the specific ranking of each unit of the
Reserve Officer Training Corps of the Army to be terminated
as against all other such units;
(4) sets forth the authorized and actual cadre staffing of
each such unit for each fiscal year of the 10-fiscal year
period ending with fiscal year 1996;
(5) sets forth the production goals and performance
evaluations of each such unit for each fiscal year of the 10-
fiscal year period ending with fiscal year 1996;
(6) describes how cadets currently enrolled in the units
referred to in paragraph (5) will be accommodated after the
closure of such units;
(7) describes the incentives to enhance the Reserve Officer
Training Corps program that are provided by each of the
colleges on the closure list;
(8) includes the projected officer accession plan by source
of commission for the active-duty Army, the Army Reserve, and
the Army National Guard; and
(9) describes whether the closure of any ROTC unit will
adversely affect the recruitment of minority officer
candidates.
SEC. 553. PILOT PROGRAM TO TEST EXPANSION OF ROTC PROGRAM TO
INCLUDE GRADUATE STUDENTS.
(a) Test Program.--Section 2107(c) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) The Secretary of Defense shall authorize the
Secretaries of the military departments to carry out a test
program to determine the desirability of enabling graduate
students to participate in the financial assistance program
under this section. As part of such test program, the
Secretary of a military department may provide financial
assistance, as described in paragraph (1), to a student
enrolled in an advanced education program beyond the
baccalaureate degree level if the student also is a cadet or
midshipman in an advanced training program. Not more than 15
percent of the total number of scholarships awarded under
this section in any year may be awarded under the test
program. No scholarship may be awarded under the test program
after September 30, 1999.''.
(b) Authority To Enroll in Advanced Training Program.--
Paragraph (3) of section 2101 of title 10, United States
Code, is amended by inserting ``students enrolled in an
advanced education program beyond the baccalaureate degree
level or to'' after `instruction offered in the Senior
Reserve Officers' Training Corps to''.
(c) Report to Congress.--Not later than December 31, 1998,
the Secretary of Defense shall submit to Congress a report on
the experience to that date under the test program authorized
under the amendment made by subsection (a)(2). The report
shall include the Secretary's assessment of the effect of the
test program on the Senior ROTC program and the Secretary's
recommendation as to whether the authority under the test
program should be made permanent.
SEC. 554. DEMONSTRATION PROJECT FOR INSTRUCTION AND SUPPORT
OF ARMY ROTC UNITS BY MEMBERS OF THE ARMY
RESERVE AND NATIONAL GUARD.
(a) Demonstration Project Required.--The Secretary of the
Army shall carry out a demonstration project in order to
assess the feasibility and advisability of providing
instruction and similar support to units of the Senior
Reserve Officers Training Corps of the Army through members
of the Army Reserve (including members of the Individual
Ready Reserve) and members of the Army National Guard.
(b) Project Requirements.--(1) The Secretary shall carry
out the demonstration project at at least one institution of
higher education.
(2) In order to enhance the value of the project, the
Secretary may take actions to
[[Page 1943]]
ensure that members of the Army Reserve and the Army National
Guard provide instruction and support under the project in a
variety of innovative ways.
(c) Inapplicability of Limitation on Reserves in Support of
ROTC.--The assignment of a member of the Army Reserve or the
Army National Guard to provide instruction or support under
the demonstration project shall not be treated as an
assignment of the member to duty with a unit of a Reserve
Officer Training Corps program for purposes of section 12321
of title 10, United States Code.
(d) Reports to Congress.--Not later than February 1 in each
of 1998 and 1999, the Secretary shall submit to Congress a
report assessing the activities under the demonstration
project during the preceding year. The report submitted in
1999 shall include the Secretary's recommendation as to the
advisability of continuing or expanding the authority for the
project.
(e) Termination.--The authority of the Secretary to carry
out the demonstration project shall expire three years after
the date of the enactment of this Act.
SEC. 555. EXTENSION OF MAXIMUM AGE FOR APPOINTMENT AS A CADET
OR MIDSHIPMAN IN THE SENIOR RESERVE OFFICERS'
TRAINING CORPS AND THE SERVICE ACADEMIES.
(a) Senior Reserve Officers' Training Corps.--Sections
2107(a) and 2107a(a) of title 10, United States Code, are
amended--
(1) by striking out ``25 years of age'' and inserting in
lieu thereof ``27 years of age''; and
(2) by striking out ``29 years of age'' and inserting in
lieu thereof ``30 years of age''.
(b) United States Military Academy.--Section 4346(a) of
such title is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third
birthday''.
(c) United States Naval Academy.--Section 6958(a)(1) of
such title is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third
birthday''.
(d) United States Air Force Academy.--Section 9346(a) of
such title is amended by striking out ``twenty-second
birthday'' and inserting in lieu thereof ``twenty-third
birthday''.
SEC. 556. EXPANSION OF ELIGIBILITY FOR EDUCATION BENEFITS TO
INCLUDE CERTAIN RESERVE OFFICERS' TRAINING
CORPS (ROTC) PARTICIPANTS.
(a) Active Duty Service.--Section 3011(c) of title 38,
United States Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion
of a program of educational assistance under section 2107 of
title 10 is not eligible for educational assistance under
this section if the individual enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.''.
(b) Selected Reserve.--Section 3012(d) of title 38, United
States Code, is amended--
(1) by striking out ``or upon completion of a program of
educational assistance under section 2107 of title 10'' in
paragraph (2); and
(2) by adding at the end the following:
``(3) An individual who after December 31, 1976, receives a
commission as an officer in the Armed Forces upon completion
of a program of educational assistance under section 2107 of
title 10 is not eligible for educational assistance under
this section if the individual enters on active duty--
``(A) before October 1, 1996; or
``(B) after September 30, 1996, and while participating in
such program received more than $2,000 for each year of such
participation.''.
SEC. 557. COMPTROLLER GENERAL REPORT ON COST AND POLICY
IMPLICATIONS OF PERMITTING UP TO FIVE PERCENT
OF SERVICE ACADEMY GRADUATES TO BE ASSIGNED
DIRECTLY TO RESERVE DUTY UPON GRADUATION.
(a) Report Required.--The Comptroller General of the United
States shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report providing an analysis of the cost
implications, and the policy implications, of permitting up
to 5 percent of each graduating class of each of the service
academies to be placed, upon graduation and commissioning, in
an active status in the appropriate reserve component
(without a minimum period of obligated active duty service),
with a corresponding increase in the number of ROTC graduates
each year who are permitted to serve on active duty upon
commissioning.
(b) Information on Current Academy Graduates in Reserve
Components.--The Comptroller General shall include in the
report information (shown in the aggregate and separately for
each of the Armed Forces and for graduates of each service
academy) on--
(1) the number of academy graduates who at the time of the
report are serving in an active status in a reserve
component; and
(2) within the number under paragraph (1), the number for
each reserve component and, of those, the number within each
reserve component who are on active duty under section
12301(d) of title 10, United States Code, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components.
(c) Submission of Report.--The report shall be submitted
not later than six months after the date of the enactment of
this Act.
(d) Service Academies.--For purposes of this section, the
term ``service academies'' means--
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
Subtitle G--Decorations and Awards
SEC. 561. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN
AFRICAN AMERICAN SOLDIERS WHO SERVED DURING
WORLD WAR II.
(a) Inapplicability of Time Limitations.--Notwithstanding
the time limitations in section 3744(b) of title 10, United
States Code, or any other time limitation, the President may
award the Medal of Honor to the persons specified in
subsection (b), each of whom has been found by the Secretary
of the Army to have distinguished himself conspicuously by
gallantry and intrepidity at the risk of his life above and
beyond the call of duty while serving in the United States
Army during World War II.
(b) Persons Eligible To Receive the Medal of Honor.--The
persons referred to in subsection (a) are the following:
(1) Vernon J. Baker, who served as a first lieutenant in
the 370th Infantry Regiment, 92nd Infantry Division.
(2) Edward A. Carter, who served as a staff sergeant in the
56th Armored Infantry Battalion, Twelfth Armored Division.
(3) John R. Fox, who served as a first lieutenant in the
366th Infantry Regiment, 92nd Infantry Division.
(4) Willy F. James, Jr., who served as a private first
class in 413th Infantry Regiment, 104th Infantry Division.
(5) Ruben Rivers, who served as a staff sergeant in the
761st Tank Battalion.
(6) Charles L. Thomas, who served as a first lieutenant in
the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in the 29th
Quartermaster Regiment.
(c) Posthumous Award.--The Medal of Honor may be awarded
under this section posthumously, as provided in section 3752
of title 10, United States Code.
(d) Prior Award.--The Medal of Honor may be awarded under
this section for service for which a Distinguished-Service
Cross, or other award, has been awarded.
SEC. 562. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--Any limitation established
by law or policy for the time within which a recommendation
for the award of a military decoration or award must be
submitted shall not apply in the case of awards of
decorations as described in subsection (b), the award of each
such decoration having been determined by the Secretary of
the Navy to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to
awards of the Distinguished Flying Cross for service during
World War II as follows:
(1) First award.--First award, for completion of at least
20 qualifying combat missions, to the following members and
former members of the Armed Forces:
Vernard V. Aiken of Wilmington, Vermont.
Ira V. Babcock of Dothan, Georgia.
George S. Barlow of Grafton, Virginia.
Earl A. Bratton of Bodega Bay, California.
Travis C. Cork of Leesburg, Florida.
Herman C. Edwards of Johns Island, South Carolina.
Norman J. Ehr of Kiel, Wisconsin.
James M. Fitzgerald of Anchorage, Alaska.
Raymond C. Gordon of Sherborn, Massachusetts.
Paul L. Hitchcock of Raleigh, North Carolina.
Harold H. Hottle of Hillsboro, Ohio.
Samuel M. Keith of Anderson, South Carolina.
Stanley J. Ksiadz of Cheektowaga, New York.
Otis Lancaster of Wyoming, Michigan.
Robert W. Lorette of Wilton, New Hampshire.
John B. McCabe of Biglerville, Pennsylvania.
James P. Merriman of Midland, Texas.
The late Michael L. Michalak, formerly of Akron, New York.
The late Edward J. Naparkowsky, formerly of Hartford,
Connecticut.
Pete G. Nicora of Warren, Ohio.
Stanley J. Orlowski of Jackson, Michigan.
Raymond A. Peischl of Allentown, Pennsylvania.
A. Jerome Pfeiffer of Racine, Wisconsin.
Duane L. Rhodes of Earp, California.
Frank V. Roach of Bloomfield, New Jersey.
Arnold V. Rosekrans of Horseheads, New York.
Joseph E. Seaman, Jr. of Bordentown, New Jersey.
Richard F. Shumaker of Hilliard, Ohio.
Luther E. Thomas of Panama City, Florida.
Merton S. Ward of South Hamilton, Massachusetts.
Simon L. Webb of Magnolia, Mississippi.
Jerry W. Webster of Leander, Texas.
(2) Second award.--Second award, for completion of at least
40 qualifying combat missions, to the following members and
former members of the Armed Forces:
Arthur C. Adair of Grants Pass, Oregon.
Robert B. Carnes of West Yarmouth, Massachusetts.
[[Page 1944]]
Daniel K. Connors of Hampton, New Hampshire.
Glen E. Danielson of Whittier, California.
Ralph J. Deceuster of Dover, Ohio.
Albert P. Emsley of Bothell, Washington.
Urbain J. Fournier of Houma, Louisiana.
Prescott C. Jernegan of Hemet, California.
Stephen K. Johnson of Englewood, Florida.
Warren E. Johnson of Vista, California.
Elbert J. Kimble of San Francisco, California.
George W. Knauff of Monument, Colorado.
John W. Lincoln of Rockland, Massachusetts.
Alan D. Marker of Sonoma, California.
Joseph J. Oliver of White Haven, Pennsylvania.
Shefield Phelps of Seattle, Washington.
John B. Tagliapiri of St. Helena, California.
Dewilles A.H.W. Schwartz of Watertown, South Dakota.
Ray B. Stiltner of Centralia, Washington.
(3) Third award.--Third award, for completion of at least
60 qualifying combat missions, to the following members and
former members of the Armed Forces:
Glenn Bowers of Dillsburg, Pennsylvania.
Arthur C. Casey of Irving, California.
Robert J. Larsen of Gulf Breeze, Florida.
David Mendoza of McAllen, Texas.
William A. Nickerson of Portland, Oregon.
Maurice F. Smith of Sequim, Washington.
(4) Fourth award.--Fourth award, for completion of at least
80 qualifying combat missions, to the following members and
former members of the Armed Forces:
Robert Bair of Ontario, California.
Arvid L. Kretz of Santa Rosa, California.
George E. McClane of Cocoa Beach, Florida.
Orville R. Swick of Issaquah, Washington.
(5) Fifth award.--Fifth award, for completion of at least
100 qualifying combat missions, to the following members and
former members of the Armed Forces:
William A. Baldwin of San Clemente, California.
George Bobb of Blackwood, New Jersey.
John R. Conrad of Hot Springs, Arkansas.
Herbert R. Hetrick of Roaring Springs, Pennsylvania.
William L. Wells of Cordele, Georgia.
(6) Sixth award.--Sixth award, for completion of at least
120 qualifying combat missions, to Richard L. Murray of
Dallas, Texas.
SEC. 563. REPLACEMENT OF CERTAIN AMERICAN THEATER CAMPAIGN
RIBBONS.
(a) Replacement Ribbons.--The Secretary of the Army,
pursuant to section 3751 of title 10, United States Code, may
replace any World War II decoration known as the American
Theater Campaign Ribbon that was awarded to a person listed
in the order described in subsection (b).
(b) Ribbons Properly Awarded.--Any person listed in the
document titled ``General Order Number 1'', issued by the
Third Auxiliary Surgical Group, APO 647, United States Army,
dated February 1, 1943, shall be considered to have been
properly awarded the American Theater Campaign Ribbon for
service during World War II.
Subtitle H--Other Matters
SEC. 571. HATE CRIMES IN THE MILITARY.
(a) Human Relations Training.--(1) The Secretary of Defense
shall ensure that the Secretary of each military department
conducts ongoing programs for human relations training for
all members of the Armed Forces under the jurisdiction of the
Secretary. Matters to be covered by such training include
race relations, equal opportunity, opposition to gender
discrimination, and sensitivity to ``hate group'' activity.
Such training shall be provided during basic training (or
other initial military training) and on a regular basis
thereafter.
(2) The Secretary of Defense shall also ensure that unit
commanders are aware of their responsibilities in ensuring
that impermissible activity based upon discriminatory motives
does not occur in units under their command.
(b) Information To Be Provided to Prospective Recruits.--
The Secretary of Defense shall ensure that each individual
preparing to enter an officer accession program or to execute
an original enlistment agreement is provided information
concerning the meaning of the oath of office or oath of
enlistment for service in the Armed Forces in terms of the
equal protection and civil liberties guarantees of the
Constitution, and each such individual shall be informed that
if supporting those guarantees is not possible personally for
that individual, then that individual should decline to enter
the Armed Forces.
(c) Annual Survey.--(1) Section 451 of title 10, United
States Code, is amended to read as follows:
``Sec. 451. Race relations, gender discrimination, and hate
group activity: annual survey and report
``(a) Annual Survey.--The Secretary of Defense shall carry
out an annual survey to measure the state of racial, ethnic,
and gender issues and discrimination among members of the
armed forces serving on active duty and the extent (if any)
of activity among such members that may be seen as so-called
`hate group' activity. The survey shall solicit information
on the race relations and gender relations climate in the
armed forces, including--
``(1) indicators of positive and negative trends of
relations among all racial and ethnic groups and between the
sexes;
``(2) the effectiveness of Department of Defense policies
designed to improve race, ethnic, and gender relations; and
``(3) the effectiveness of current processes for complaints
on and investigations into racial, ethnic, and gender
discrimination.
``(b) Implementing Entity.--The Secretary shall carry out
each annual survey through the entity in the Department of
Defense known as the Armed Forces Survey on Race/Ethnic
Issues.
``(c) Reports to Congress.--Upon completion of each annual
survey under subsection (a), the Secretary shall submit to
Congress a report containing the results of the survey.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 22 of such title is
amended to read as follows:
``451. Race relations, gender discrimination, and hate group activity:
annual survey and report.''.
SEC. 572. DISABILITY COVERAGE FOR MEMBERS GRANTED EXCESS
LEAVE FOR EDUCATIONAL OR EMERGENCY PURPOSES.
(a) Eligibility for Retirement.--Section 1201 of title 10,
United States Code, is amended--
(1) by striking out the matter preceding paragraph (1) and
inserting in lieu thereof the following:
``(a) Retirement.--Upon a determination by the Secretary
concerned that a member described in subsection (c) is unfit
to perform the duties of the member's office, grade, rank, or
rating because of physical disability incurred while entitled
to basic pay or while absent as described in subsection
(c)(3), the Secretary may retire the member, with retired pay
computed under section 1401 of this title, if the Secretary
also makes the determinations with respect to the member and
that disability specified in subsection (b).
``(b) Required Determinations of Disability.--
Determinations referred to in subsection (a) are
determinations by the Secretary that--''; and
(2) by adding at the end the following:
``(c) Eligible Members.--This section and sections 1202 and
1203 of this title apply to the following members:
``(1) A member of a regular component of the armed forces
entitled to basic pay.
``(2) Any other member of the armed forces entitled to
basic pay who has been called or ordered to active duty
(other than for training under section 10148(a) of this
title) for a period of more than 30 days.
``(3) Any other member of the armed forces who is on active
duty but is not entitled to basic pay by reason of section
502(b) of title 37 due to authorized absence (A) to
participate in an educational program, or (B) for an
emergency purpose, as determined by the Secretary
concerned.''.
(b) Eligibility for Placement on Temporary Disability
Retirement List.--Section 1202 of title 10, United States
Code, is amended by striking out ``a member of a regular
component'' and all that follows through ``more than 30
days,'' and inserting in lieu thereof ``a member described in
section 1201(c) of this title''.
(c) Eligibility for Separation.--Section 1203 of title 10,
United States Code, is amended by striking out the matter
preceding paragraph (1) and inserting in lieu thereof the
following:
``(a) Separation.--Upon a determination by the Secretary
concerned that a member described in section 1201(c) of this
title is unfit to perform the duties of the member's office,
grade, rank, or rating because of physical disability
incurred while entitled to basic pay or while absent as
described in section 1201(c)(3) of this title, the member may
be separated from the member's armed force, with severance
pay computed under section 1212 of this title, if the
Secretary also makes the determinations with respect to the
member and that disability specified in subsection (b).
``(b) Required Determinations of Disability.--
Determinations referred to in subsection (a) are
determinations by the Secretary that--''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply with respect to physical disabilities
incurred on or after such date.
SEC. 573. CLARIFICATION OF AUTHORITY OF A RESERVE JUDGE
ADVOCATE TO ACT AS A MILITARY NOTARY PUBLIC
WHEN NOT IN A DUTY STATUS.
Section 1044a(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking out ``on active duty or
performing inactive-duty training'' and inserting in lieu
thereof ``, including reserve judge advocates when not in a
duty status'';
(2) in paragraph (3), by striking out ``adjutants on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``adjutants, including reserve members when not
in a duty status''; and
(3) in paragraph (4), by striking out ``persons on active
duty or performing inactive-duty training'' and inserting in
lieu thereof ``members of the armed forces, including reserve
members when not in a duty status,''.
SEC. 574. PANEL ON JURISDICTION OF COURTS-MARTIAL FOR THE
NATIONAL GUARD WHEN NOT IN FEDERAL SERVICE.
(a) Establishment.--The Secretary of Defense shall
establish a panel to review the various authorities for
court-martial and nonjudicial punishment jurisdiction for the
National Guard not in Federal service and the use of those
authorities.
(b) Membership.--The Secretary shall appoint the members of
the panel so as to ensure representation of the following:
(1) The State Adjutants General of the National Guard.
[[Page 1945]]
(2) The State Attorneys General.
(3) The Joint Service Committee on Military Justice of the
Department of Defense.
(c) Duties.--Matters reviewed by the panel shall include
the following:
(1) The extent of the use of court-martial and nonjudicial
punishment authority for the National Guard not in Federal
service.
(2) The extent to which the authority used is--
(A) authority under title 32, United States Code; or
(B) authority under State law.
(d) Report.--(1) Not later than February 1, 1997, the panel
shall submit a report on the panel's findings and conclusions
to the Secretary of Defense.
(2) The report shall include recommended legislation for
amending title 32, United States Code--
(A) to increase the uniformity in State use of courts-
martial and nonjudicial punishment for the National Guard
when not in Federal service; and
(B) to achieve increased comparability between the court-
martial and nonjudicial punishment procedures that are
applicable to the National Guard not in Federal service and
the court-martial and nonjudicial punishment procedures that
are applicable under the Uniform Code of Military Justice to
the National Guard in Federal service.
(e) Submission of Report to Congress.--Not later than March
1, 1997, the Secretary of Defense shall submit to Congress
the report of the panel under subsection (d) together with
the views of the Secretary regarding the report and the
matters covered in the report.
SEC. 575. AUTHORITY TO EXPAND LAW ENFORCEMENT PLACEMENT
PROGRAM TO INCLUDE FIREFIGHTERS.
Section 1152(g) of title 10, United States Code, is
amended--
(1) by striking out ``(g) Conditional Expansion of
Placement to Include Firefighters.--(1) Subject to paragraph
(2), the'' and inserting in lieu thereof ``(g) Authority To
Expand Placement To Include Firefighters.--The''; and
(2) in paragraph (2)--
(A) by striking out the first sentence; and
(B) in the second sentence, by inserting ``authorized by
this subsection'' after ``expansion''.
SEC. 576. IMPROVEMENTS TO PROGRAM TO ASSIST SEPARATED
MILITARY AND CIVILIAN PERSONNEL TO OBTAIN
EMPLOYMENT AS TEACHERS OR TEACHERS' AIDES.
(a) Program for Separated Members.--(1) Section 1151 of
title 10, United States Code, is amended--
(A) in subsection (f)(2), by striking out ``five school
years'' in subparagraphs (A) and (B) and inserting in lieu
thereof ``two school years''; and
(B) in subsection (h)(3)(A), by striking out ``five
consecutive school years'' and inserting in lieu thereof
``two consecutive school years''.
(2) Subsection (g)(2) of such section is amended--
(A) by striking out the comma after ``section 1174a of this
title'' and inserting in lieu thereof ``or''; and
(B) by striking out ``, or retires pursuant to the
authority provided in section 4403 of the National Defense
Authorization Act for fiscal year 1993 (Public Law 102-484;
10 U.S.C. 1293 note)''.
(3) Subsection (h)(3)(B) of such section is amended--
(A) in clause (i), by striking out ``$25,000'' and
inserting in lieu thereof ``$17,000'';
(B) in clause (ii)--
(i) by striking out ``40 percent'' and inserting in lieu
thereof ``25 percent''; and
(ii) by striking out ``$10,000'' and inserting in lieu
thereof ``$8,000''; and
(C) by striking out clauses (iii), (iv), and (v).
(b) Separated Civilian Employees of the Department of
Defense.--Section 1598(d)(2) of such title is amended by
striking out ``five school years'' in subparagraphs (A) and
(B) and inserting in lieu thereof ``two school years''.
(c) Displaced Department of Defense Contractor Employees.--
Section 2410j(f)(2) of such title is amended by striking out
``five school years'' in subparagraphs (A) and (B) and
inserting in lieu thereof ``two school years''.
(d) Savings Provision.--The amendments made by this section
do not affect obligations under agreements entered into in
accordance with section 1151, 1598, or 2410j of title 10,
United States Code, before the date of the enactment of this
Act.
SEC. 577. RETIREMENT AT GRADE TO WHICH SELECTED FOR PROMOTION
WHEN A PHYSICAL DISABILITY IS FOUND AT ANY
PHYSICAL EXAMINATION.
Section 1372 of title 10, United States Code, is amended by
striking out ``his physical examination for promotion'' in
paragraphs (3) and (4) and inserting in lieu thereof ``a
physical examination''.
SEC. 578. REVISIONS TO MISSING PERSONS AUTHORITIES.
(a) Repeal of Applicability of Authorities to Department of
Defense Civilian Employees and Contractor Employees.--(1)
Section 1501 of title 10, United States Code, is amended--
(A) in subsection (c)--
(i) by striking out ``applies in the case of'' and all that
follows through ``(1) Any member'' and inserting in lieu
thereof ``applies in the case of any member''; and
(ii) by striking out paragraph (2); and
(B) by striking out subsection (f).
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one individual
described in paragraph (2)'' and inserting in lieu thereof
``one military officer'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(3) Section 1504(d) of such title is amended--
(A) by striking out the text of paragraph (1) and inserting
in lieu thereof the following new text: ``A board appointed
under this section shall be composed of at least three
members who are officers having the grade of major or
lieutenant commander or above.''; and
(B) in paragraph (4), by striking out ``section
1503(c)(4)'' and inserting in lieu thereof ``section
1503(c)(3)''.
(4) Paragraph (1) of section 1513 of such title is amended
to read as follows:
``(1) The term `missing person' means a member of the armed
forces on active duty who is in a missing status.''.
(b) Report on Preliminary Assessment of Status.--(1)
Section 1502 of such title is amended--
(A) in subsection (a)(2)--
(i) by striking out ``48 hours'' and inserting in lieu
thereof ``10 days''; and
(ii) by striking out ``theater component commander with
jurisdiction over the missing person'' and inserting in lieu
thereof ``Secretary concerned'';
(B) by striking out subsection (b);
(C) by redesignating subsection (c) as subsection (b); and
(D) in subsection (b), as so redesignated, by striking out
the second sentence.
(2) Section 1503(a) of such title is amended by striking
out ``section 1502(b)'' and inserting in lieu thereof
``section 1502(a)''.
(3) Section 1513 of such title is amended by striking out
paragraph (8).
(c) Frequency of Subsequent Reviews.--Subsection (b) of
section 1505 of such title is amended to read as follows:
``(b) Frequency of Subsequent Reviews.--The Secretary
concerned shall conduct inquiries into the whereabouts and
status of a person under subsection (a) upon receipt of
information that may result in a change of status of the
person. The Secretary concerned shall appoint a board to
conduct such inquiries.''.
(d) Repeal of Statutory Penalties for Wrongful Withholding
of Information.--Section 1506 of such title is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(e) Information To Accompany Recommendation of Status of
Death.--Section 1507(b) of such title is amended by striking
out paragraphs (3) and (4).
(f) Scope of Preenactment Review.--(1) Section 1509 of such
title is amended--
(A) by striking out subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2)(A) The heading of such section is amended by striking
out ``, special interest''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 76 of such title is
amended by striking out ``, special interest''.
Subtitle I--Commissioned Corps of the Public Health Service
SEC. 581. APPLICABILITY TO PUBLIC HEALTH SERVICE OF
PROHIBITION ON CREDITING CADET OR MIDSHIPMEN
SERVICE AT THE SERVICE ACADEMIES.
(a) Prohibition on Counting Enlisted Service Performed
While at Service Academy.--Subsection (a) of section 971 of
title 10, United States Code, is amended by inserting before
the period at the end the following: ``or an officer in the
Commissioned Corps of the Public Health Service''.
(b) Prohibition on Counting Service as a Cadet or
Midshipman.--Subsection (b) of such section is amended to
read as follows:
``(b) Prohibition on Counting Service as a Cadet or
Midshipman.--In computing length of service for any purpose,
service as a cadet or midshipman may not be credited to any
of the following officers:
``(1) An officer of the Navy or Marine Corps.
``(2) A commissioned officer of the Army or Air Force.
``(3) An officer of the Coast Guard.
``(4) An officer in the commissioned corps of the Public
Health Service.''.
(c) Technical Amendments.--(1) Such section is further
amended by adding at the end the following new subsection:
``(c) Service as a Cadet or Midshipman Defined.--In this
section, the term `service as a cadet or midshipman' means--
``(1) service as a cadet at the United States Military
Academy, United States Air Force Academy, or United States
Coast Guard Academy; or
``(2) service as a midshipman at the United States Naval
Academy.''.
(2) Subsection (a) of such section is further amended--
(A) by inserting ``Prohibition on Counting Enlisted Service
Performed While at Service Academy or in Naval Reserve.--''
after ``(a)''; and
(B) by striking out ``while also serving'' and all that
follows through ``Naval Academy or'' and inserting in lieu
thereof ``while also performing service as a cadet or
midshipman or serving as a midshipman''.
(3) The heading of such section, and the item relating to
such section in the table of sections at the beginning of
chapter 49 of such title, are amended by striking out the
seventh word.
[[Page 1946]]
SEC. 582. EXCEPTION TO STRENGTH LIMITATIONS FOR PUBLIC HEALTH
SERVICE OFFICERS ASSIGNED TO THE DEPARTMENT OF
DEFENSE.
Section 206 of the Public Health Service Act (42 U.S.C.
207) is amended by adding at the end the following new
subsection:
``(f) In computing the maximum number of commissioned
officers of the Public Health Service authorized by law or
administrative determination to serve on active duty, there
may be excluded from such computation officers who are
assigned to duty in the Department of Defense.''.
SEC. 583. AUTHORITY TO PROVIDE LEGAL ASSISTANCE TO PUBLIC
HEALTH SERVICE OFFICERS.
(a) Legal Assistance Available.--Subsection (a) of section
1044 of title 10, United States Code, is amended by striking
out paragraph (3) and inserting in lieu thereof the
following:
``(3) Officers of the commissioned corps of the Public
Health Service who are on active duty or entitled to retired
or equivalent pay.
``(4) Dependents of members and former members described in
paragraphs (1), (2), and (3).''.
(b) Limitation on Assistance.--Subsection (c) of such
section is amended--
(1) by striking out ``armed forces'' and inserting in lieu
thereof ``uniformed services described in subsection (a)'';
and
(2) by inserting ``such'' after ``dependent of''.
(c) Clarifying Amendments.--Subsection (a) of such section
is further amended by striking out ``under his jurisdiction''
in paragraphs (1) and (2).
(d) Stylistic Amendments.--Subsection (a) of such section
is further amended--
(1) in the matter preceding paragraph (1), by striking out
``to--'' and inserting in lieu thereof ``to the following
persons:'';
(2) by capitalizing the first letter of the first word of
paragraphs (1) and (2);
(3) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period; and
(4) by striking out ``; and'' at the end of paragraph (2)
and inserting in lieu thereof a period.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Adjustment of rate of cadet and midshipman pay.
Sec. 603. Pay of senior noncommissioned officers while hospitalized.
Sec. 604. Availability of basic allowance for quarters for certain
members without dependents who serve on sea duty.
Sec. 605. Uniform applicability of discretion to deny an election not
to occupy Government quarters.
Sec. 606. Establishment of minimum monthly amount of variable housing
allowance for high housing cost areas.
Sec. 607. Family separation allowance for members separated by military
orders from spouses who are members.
Sec. 608. Waiver of time limitations for claim for pay and allowances.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered
nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Special pay for certain Public Health Service officers.
Sec. 615. Special incentives to recruit and retain dental officers.
Sec. 616. Foreign language proficiency pay for Public Health Service
and National Oceanic and Atmospheric Administration
officers.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowance in connection with shipping motor vehicle at
Government expense.
Sec. 622. Dislocation allowance at a rate equal to two and one-half
months basic allowance for quarters.
Sec. 623. Allowance for travel performed in connection with leave
between consecutive overseas tours.
Sec. 624. Funding for transportation of household effects of Public
Health Service officers.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustment
for fiscal year 1998.
Sec. 632. Clarification of initial computation of retiree COLAs after
retirement.
Sec. 633. Suspension of payment of retired pay of members who are
absent from the United States to avoid prosecution.
Sec. 634. Nonsubstantive restatement of Survivor Benefit Plan statute.
Sec. 635. Increases in Survivor Benefit Plan contributions to be
effective concurrently with payment of retired pay cost-
of-living increases.
Sec. 636. Amendments to the Uniformed Services Former Spouses'
Protection Act.
Sec. 637. Prevention of circumvention of court order by waiver of
retired pay to enhance civil service retirement annuity.
Sec. 638. Administration of benefits for so-called minimum income
widows.
Subtitle E--Other Matters
Sec. 651. Discretionary allotment of pay, including retired or retainer
pay.
Sec. 652. Reimbursement for adoption expenses incurred in adoptions
through private placements.
Sec. 653. Waiver of recoupment of amounts withheld for tax purposes
from certain separation pay.
Sec. 654. Technical correction clarifying limitation on furnishing
clothing or allowances for enlisted National Guard
technicians.
Sec. 655. Technical correction to prior authority for payment of back
pay to certain persons.
Sec. 656. Compensation for persons awarded prisoner of war medal who
did not previously receive compensation as a prisoner of
war.
Sec. 657. Payments to certain persons captured and interned by North
Vietnam.
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.
(a) Waiver of Section 1009 Adjustment.--Any adjustment
required by section 1009 of title 37, United States Code, in
elements of compensation of members of the uniformed services
to become effective during fiscal year 1997 shall not be
made.
(b) Increase in Basic Pay and BAS.--Effective on January 1,
1997, the rates of basic pay and basic allowance for
subsistence of members of the uniformed services are
increased by 3.0 percent.
(c) Increase in BAQ.--Effective on January 1, 1997, the
rates of basic allowance for quarters of members of the
uniformed services are increased by 4.6 percent.
SEC. 602. ADJUSTMENT OF RATE OF CADET AND MIDSHIPMAN PAY.
Section 203(c) of title 37, United States Code, is
amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1), by striking out ``(1)''.
SEC. 603. PAY OF SENIOR NONCOMMISSIONED OFFICERS WHILE
HOSPITALIZED.
(a) Pay During Hospitalization.--Section 210 of title 37,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) A noncommissioned officer of an armed force who is
hospitalized and who, during or immediately before such
hospitalization, completed service as the senior enlisted
member of that armed force, shall continue to be entitled,
for not more than 180 days while so hospitalized, to the rate
of basic pay authorized for the senior enlisted member of
that armed force.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 210. Pay of senior enlisted members during terminal
leave and while hospitalized''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 3 of title 37, United
States Code, is amended to read as follows:
``210. Pay of senior enlisted members during terminal leave and while
hospitalized.''.
SEC. 604. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR
CERTAIN MEMBERS WITHOUT DEPENDENTS WHO SERVE ON
SEA DUTY.
(a) Entitlement of Single Members Above Grade E-5.--Section
403(c)(2) of title 37, United States Code, is amended--
(1) by striking out ``A member'' in the first sentence and
inserting in lieu thereof ``(A) Except as provided in
subparagraphs (B) and (C), a member''; and
(2) by striking out the second sentence.
(b) Entitlement of Certain Single Members in Grade E-5.--
Such section is further amended by adding at the end the
following new subparagraph:
``(B) Under regulations prescribed by the Secretary
concerned, the Secretary may authorize the payment of a basic
allowance for quarters to a member of a uniformed service
without dependents who is serving in pay grade E-5 and is
assigned to sea duty. In prescribing regulations under this
subparagraph, the Secretary concerned shall consider the
availability of quarters for members serving in pay grade E-
5.''.
(c) Entitlement When Both Spouses in Grades Below Grade E-6
Are Assigned to Sea Duty.--Such section is further amended by
inserting after subparagraph (B), as added by subsection (b),
the following new subparagraph:
``(C) Notwithstanding section 421 of this title, two
members of the uniformed services in a pay grade below pay
grade E-6 who are married to each other, have no other
dependents, and are simultaneously assigned to sea duty are
jointly entitled to one basic allowance for quarters during
the period of such simultaneous sea duty. The amount of the
allowance shall be based on the without dependents rate for
the pay grade of the senior member of the couple. However,
this sub
[[Page 1947]]
paragraph shall not apply to a couple if one or both of the
members are entitled to a basic allowance for quarters under
subparagraph (B).''.
(d) Conforming Amendment Regarding Variable Housing
Allowance.--Section 403a(b)(2)(C) of title 37, United States
Code, is amended by striking out ``E-6'' and inserting in
lieu thereof ``E-4''.
(e) Effective Date.--The amendments made by this section
shall take effect on July 1, 1997.
SEC. 605. UNIFORM APPLICABILITY OF DISCRETION TO DENY AN
ELECTION NOT TO OCCUPY GOVERNMENT QUARTERS.
Section 403(b)(3) of title 37, United States Code, is
amended by striking out ``A member'' and inserting in lieu
thereof ``Subject to the provisions of subsection (j), a
member''.
SEC. 606. ESTABLISHMENT OF MINIMUM MONTHLY AMOUNT OF VARIABLE
HOUSING ALLOWANCE FOR HIGH HOUSING COST AREAS.
(a) Minimum Monthly Amount of Allowance.--Subsection (c) of
section 403a of title 37, United States Code, is amended by
striking out paragraph (1) and inserting in lieu thereof the
following new paragraph:
``(1) The monthly amount of a variable housing allowance
under this section for a member of a uniformed service with
respect to an area is equal to the greater of the following
amounts:
``(A) An amount equal to the difference between--
``(i) the median monthly cost of housing in that area for
members of the uniformed services serving in the same pay
grade and with the same dependency status as that member; and
``(ii) 80 percent of the median monthly cost of housing in
the United States for members of the uniformed services
serving in the same pay grade and with the same dependency
status as that member.
``(B) An amount equal to the difference between--
``(i) the adequate housing allowance floor determined by
the Secretary of Defense for all members of the uniformed
services in that area entitled to a variable housing
allowance under this section; and
``(ii) the monthly basic allowance for quarters for members
of the uniformed services serving in the same pay grade and
with the same dependency status as that member.''.
(b) Adequate Housing Allowance Floor.--Such subsection is
further amended by adding at the end the following new
paragraph:
``(7)(A) For purposes of paragraph (1)(B)(i), the Secretary
of Defense shall establish an adequate housing allowance
floor for members of the uniformed services in an area as a
selected percentage, not to exceed 85 percent, of the cost of
adequate housing in that area based on an index of housing
costs selected by the Secretary of Defense from among the
following:
``(i) The fair market rentals established annually by the
Secretary of Housing and Urban Development under section
8(c)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437f(c)(1)).
``(ii) An index developed in the private sector that the
Secretary of Defense determines is comparable to the fair
market rentals referred to in clause (i) and is appropriate
for use to determine the adequate housing allowance floor.
``(B) The Secretary of Defense shall carry out this
paragraph in consultation with the Secretary of
Transportation, the Secretary of Commerce, and the Secretary
of Health and Human Services.''.
(c) Effect on Total Amount Available for Allowance.--
Subsection (d)(3) of such section is amended in the second
sentence by striking out ``the second sentence of subsection
(c)(3)'' and inserting in lieu thereof ``paragraph (1)(B) of
subsection (c) and the second sentence of paragraph (3) of
that subsection''.
(d) Conforming Amendments.--Subsection (c) of such section
is further amended--
(1) in paragraph (3), by striking out ``this subsection''
in the first sentence and inserting lieu thereof ``paragraph
(1)(A) or the minimum amount of a variable housing allowance
under paragraph (1)(B)''; and
(2) in paragraph (5), by inserting ``or minimum amount of a
variable housing allowance'' after ``costs of housing''.
(e) Effective Date.--The amendments made by this section
shall take effect on January 1, 1997, except that the
Secretary of Defense may delay implementation of the
requirements imposed by the amendments to such later date as
the Secretary considers appropriate upon publication of
notice to that effect in the Federal Register.
SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS SEPARATED
BY MILITARY ORDERS FROM SPOUSES WHO ARE
MEMBERS.
(a) Additional Basis for Allowance.--Paragraph (1) of
section 427(b) of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (B);
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) the member is married to a member of a uniformed
service, the member has no dependent other than the spouse,
the two members are separated by reason of the execution of
military orders, and the two members were residing together
immediately before being separated by reason of execution of
military orders.''.
(b) Conforming Amendment.--Such section is further amended
by adding at the end the following new paragraph:
``(5) Section 421 of this title does not apply to bar an
entitlement to an allowance under paragraph (1)(D). However,
not more than one monthly allowance may be paid with respect
to a married couple under paragraph (1)(D) for any month.''.
SEC. 608. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR PAY AND
ALLOWANCES.
Section 3702 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(e)(1) Upon the request of the Secretary concerned (as
defined in section 101 of title 37), the Comptroller General
may waive the time limitations set forth in subsection (b) or
(c) in the case of a claim for pay or allowances provided
under title 37 and, subject to paragraph (2), settle the
claim.
``(2) Payment of a claim settled under paragraph (1) shall
be subject to the availability of appropriations for payment
of that particular claim.
``(3) This subsection does not apply to a claim in excess
of $25,000.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Critically Short Wartime Health
Specialists.--Section 302g(f) of title 37, United States
Code, is amended by striking out ``September 30, 1997'' and
inserting in lieu thereof ``September 30, 1998''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of title 37, United
States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of title 37, United States Code, is amended
by striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(g) Prior Service Enlistment Bonus.--Section 308i(i) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUSES AND SPECIAL
PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking out ``September 30, 1997'' and inserting in lieu
thereof ``September 30, 1998''.
SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO
PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(c) Enlistment Bonuses for Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each
amended by striking out ``September 30, 1997'' and inserting
in lieu thereof ``September 30, 1998''.
(d) Special Pay for Nuclear Qualified Officers Extending
Period of Active Service.--Section 312(e) of title 37, United
States Code, is amended by striking out ``September 30,
1997'' and inserting in lieu thereof ``September 30, 1998''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of
title 37, United States Code, is amended by striking out
``September 30, 1997'' and inserting in lieu thereof
``September 30, 1998''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of title 37, United States Code, is amended by striking out
``October 1, 1997'' and inserting in lieu thereof ``October
1, 1998''.
(g) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking out ``October 1, 1997'' and inserting in lieu
thereof ``October 1, 1998''.
SEC. 614. SPECIAL PAY FOR CERTAIN PUBLIC HEALTH SERVICE
OFFICERS.
(a) Optometrists.--Section 302a(b) of title 37, United
States Code, is amended--
[[Page 1948]]
(1) in paragraph (2)--
(A) by striking out ``an armed force'' in the matter
preceding subparagraph (A) and inserting in lieu thereof ``a
uniformed service''; and
(B) by striking out ``of the military department'' in
subparagraph (C); and
(2) in paragraph (4), by striking out ``of the military
department''.
(b) Nonphysician Health Care Providers.--Section 302c(d) of
title 37, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking out
``Secretary of Defense'' and inserting in lieu thereof
``Secretary concerned''; and
(2) in paragraph (1)--
(A) by striking out ``or'' the third place it appears; and
(B) by inserting before the period at the end the
following: ``, or an officer in the Regular or Reserve Corps
of the Public Health Service''.
SEC. 615. SPECIAL INCENTIVES TO RECRUIT AND RETAIN DENTAL
OFFICERS.
(a) Variable, Additional, and Board Certified Special Pays
for Active Duty Dental Officers.--Section 302b(a) of title
37, United States Code is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking out ``$1,200'' and
inserting in lieu thereof ``$3,000'';
(B) in subparagraph (B), by striking out ``$2,000'' and
inserting in lieu thereof ``$7,000''; and
(C) in subparagraph (C), by striking out ``$4,000'' and
inserting in lieu thereof ``$7,000'';
(2) in paragraph (4), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) $4,000 per year, if the officer has less than three
years of creditable service.
``(B) $6,000 per year, if the officer has at least three
but less than 14 years of creditable service.
``(C) $8,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(D) $10,000 per year, if the officer has at least 18 or
more years of creditable service.''; and
(3) in paragraph (5), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) $2,500 per year, if the officer has less than 10
years of creditable service.
``(B) $3,500 per year, if the officer has at least 10 but
less than 12 years of creditable service.
``(C) $4,000 per year, if the officer has at least 12 but
less than 14 years of creditable service.
``(D) $5,000 per year, if the officer has at least 14 but
less than 18 years of creditable service.
``(E) $6,000 per year, if the officer has 18 or more years
of creditable service.''.
(b) Reserve Dental Officers Special Pay.--Section 302b of
title 37, United States Code, is amended by adding at the end
the following new subsection:
``(h) Reserve Dental Officers Special Pay.--(1) A reserve
dental officer described in paragraph (2) is entitled to
special pay at the rate of $350 a month for each month of
active duty, including active duty in the form of annual
training, active duty for training, and active duty for
special work.
``(2) A reserve dental officer referred to in paragraph (1)
is a reserve officer who--
``(A) is an officer of the Dental Corps of the Army or the
Navy or an officer of the Air Force designated as a dental
officer; and
``(B) is on active duty under a call or order to active
duty for a period of less than one year.''.
(c) Accession Bonus for Dental School Graduates Who Enter
the Armed Forces.--(1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 302g the
following new section:
``Sec. 302h. Special pay: accession bonus for dental officers
``(a) Accession Bonus Authorized.--(1) A person who is a
graduate of an accredited dental school and who, during the
period beginning on the date of the enactment of this
section, and ending on September 30, 2002, executes a written
agreement described in subsection (c) to accept a commission
as an officer of the armed forces and remain on active duty
for a period of not less than four years may, upon the
acceptance of the agreement by the Secretary concerned, be
paid an accession bonus in an amount determined by the
Secretary concerned.
``(2) The amount of an accession bonus under paragraph (1)
may not exceed $30,000.
``(b) Limitation on Eligibility for Bonus.--A person may
not be paid a bonus under subsection (a) if--
``(1) the person, in exchange for an agreement to accept an
appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
dentistry; or
``(2) the Secretary concerned determines that the person is
not qualified to become and remain certified and licensed as
a dentist.
``(c) Agreement.--The agreement referred to in subsection
(a) shall provide that, consistent with the needs of the
armed service concerned, the person executing the agreement
will be assigned to duty, for the period of obligated service
covered by the agreement, as an officer of the Dental Corps
of the Army or the Navy or an officer of the Air Force
designated as a dental officer.
``(d) Repayment.--(1) An officer who receives a payment
under subsection (a) and who fails to become and remain
certified or licensed as a dentist during the period for
which the payment is made shall refund to the United States
an amount equal to the full amount of such payment.
``(2) An officer who voluntarily terminates service on
active duty before the end of the period agreed to be served
under subsection (a) shall refund to the United States an
amount that bears the same ratio to the amount paid to the
officer as the unserved part of such period bears to the
total period agreed to be served.
``(3) An obligation to reimburse the United States imposed
under paragraph (1) or (2) is for all purposes a debt owed to
the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement under this section does not discharge the person
signing such agreement from a debt arising under such
agreement or this subsection. This paragraph applies to any
case commenced under title 11 after the date of the enactment
of this section.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
302g the following new item:
``302h. Special pay: accession bonus for dental officers.''.
(3) Section 303a of title 37, United States Code, is
amended by striking out ``302g'' each place it appears and
inserting in lieu thereof ``302h''.
(d) Report on Additional Activities to Increase Recruitment
of Dentists.--Not later than April 1, 1997, the Secretary of
Defense shall submit to Congress a report describing the
feasibility of increasing the number of persons enrolled in
the Armed Forces Health Professions Scholarship and Financial
Assistance program who are pursuing a course of study in
dentistry in anticipation of service as an officer of the
Dental Corps of the Army or the Navy or an officer of the Air
Force designated as a dental officer.
(e) Stylistic Amendments.--Section 302b of title 37, United
States Code, is amended--
(1) in subsection (a), by inserting ``Variable, Additional,
and Board Certification Special Pay.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Active-Duty
Agreement.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Regulations.--''
after ``(c)'';
(4) in subsection (d), by inserting ``Frequency of
Payments.--'' after ``(d)'';
(5) in subsection (e), by inserting ``Refund for Period of
Unserved Obligated Service.--'' after ``(e)'';
(6) in subsection (f), by inserting ``Effect of Discharge
in Bankruptcy.--'' after ``(f)''; and
(7) in subsection (g), by inserting ``Determination of
Creditable Service.--'' after ``(g)''.
SEC. 616. FOREIGN LANGUAGE PROFICIENCY PAY FOR PUBLIC HEALTH
SERVICE AND NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION OFFICERS.
(a) Eligibility.--Subsection (a) of section 316 of title
37, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking out
``armed forces'' and inserting in lieu thereof ``uniformed
services'';
(2) in paragraph (2)--
(A) by striking out ``Secretary of Defense'' and inserting
in lieu thereof ``Secretary concerned''; and
(B) by inserting ``or public health'' after ``national
defense''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking out ``military'' and
inserting in lieu thereof ``uniformed services'';
(B) in subparagraph (C), by striking out ``military''; and
(C) in subparagraph (D)--
(i) by striking out ``Department of Defense'' and inserting
in lieu thereof ``uniformed service''; and
(ii) by striking out ``Secretary of Defense'' and inserting
in lieu thereof ``Secretary concerned''.
(b) Administration.--Subsection (d) of such section is
amended--
(1) by striking out ``his jurisdiction and'' and inserting
in lieu thereof ``the jurisdiction of the Secretary,''; and
(2) by inserting before the period at the end the
following: ``, by the Secretary of Health and Human Services
for the Commissioned Corps of the Public Health Service, and
by the Secretary of Commerce for the National Oceanic and
Atmospheric Administration''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1996, and apply with respect
to months beginning on or after such date.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWANCE IN CONNECTION WITH SHIPPING MOTOR VEHICLE
AT GOVERNMENT EXPENSE.
(a) Allowance Authorized.--Section 406(b)(1)(B) of title
37, United States Code, is amended by adding at the end the
following: ``If clause (i)(I) applies to the transportation
by the member of a motor vehicle from the old duty station,
the monetary allowance under this subparagraph shall also
cover return travel to the old duty station by the member or
other person transporting the vehicle. In the case of
transportation described in clause (ii), the monetary
allowance shall also cover travel from the new duty station
[[Page 1949]]
to the port of debarkation to pick up the vehicle.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1997.
SEC. 622. DISLOCATION ALLOWANCE AT A RATE EQUAL TO TWO AND
ONE-HALF MONTHS BASIC ALLOWANCE FOR QUARTERS.
(a) Allowance Authorized.--Section 407(a) of title 37,
United States Code, is amended in the matter preceding
paragraph (1) by striking out ``two months'' and inserting in
lieu thereof ``two and one-half months''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 1997.
SEC. 623. ALLOWANCE FOR TRAVEL PERFORMED IN CONNECTION WITH
LEAVE BETWEEN CONSECUTIVE OVERSEAS TOURS.
(a) Authority for Additional Deferral of Travel.--Section
411b(a)(2) of title 37, United States Code, is amended by
adding at the end the following: ``If the member is unable to
undertake the travel before the end of such one-year period
as a result of duty in connection with a contingency
operation, the member may defer the travel for one additional
year beginning on the date the duty of the member in
connection with the contingency operation ends.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of November 1, 1995.
SEC. 624. FUNDING FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF
PUBLIC HEALTH SERVICE OFFICERS.
Section 406(j) of title 37, United States Code, is
amended--
(1) in the first sentence of paragraph (1)--
(A) by striking out ``Appropriations available'' and all
that follows through ``to a member'' and inserting in lieu
thereof ``The Secretary concerned may pay a monetary
allowance to a member of the armed forces or a member of the
Commissioned Corps of the Public Health Service''; and
(B) by striking out ``of the military department''; and
(2) by adding at the end the following new paragraph:
``(3) Appropriations available to the Department of Defense
for providing transportation of household effects of members
of the armed forces under subsection (b) shall be available
to pay the monetary allowance authorized under paragraph (1)
to such members. Appropriations available to the Department
of Health and Human Services for providing transportation of
household effects of members of the Commissioned Corps of the
Public Health Service under subsection (b) shall be available
to pay the monetary allowance authorized under paragraph (1)
to such members.''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING
ADJUSTMENT FOR FISCAL YEAR 1998.
(a) Repeal of Adjustment of Effective Date for Fiscal Year
1998.--Section 1401a(b)(2)(B) of title 10, United States
Code, is amended--
(1) by striking out ``(B) Special rules'' and all that
follows through ``In the case of'' in clause (i) and
inserting in lieu thereof ``(B) Special rule for fiscal year
1996.--In the case of''; and
(2) by striking out clause (ii).
(b) Repeal of Contingent Alternative Date for Fiscal Year
1998.--Section 631 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 364) is
amended by striking out subsection (b).
SEC. 632. CLARIFICATION OF INITIAL COMPUTATION OF RETIREE
COLAS AFTER RETIREMENT.
(a) In General.--Section 1401a of title 10, United States
Code, is amended by striking out subsections (c) and (d) and
inserting in lieu thereof the following new subsections:
``(c) First COLA Adjustment for Members With Retired Pay
Computed Using Final Basic Pay.--
``(1) First adjustment with intervening increase in basic
pay.--Notwithstanding subsection (b), if a person described
in paragraph (3) becomes entitled to retired pay based on
rates of monthly basic pay that became effective after the
last day of the calendar quarter of the base index, the
retired pay of the member or former member shall be increased
on the effective date of the next adjustment of retired pay
under subsection (b) only by the percent (adjusted to the
nearest one-tenth of 1 percent) by which--
``(A) the price index for the base quarter of that year,
exceeds
``(B) the price index for the calendar quarter immediately
before the calendar quarter in which the rates of monthly
basic pay on which the retired pay is based became effective.
``(2) First adjustment with no intervening increase in
basic pay.--If a person described in paragraph (3) becomes
entitled to retired pay on or after the effective date of an
adjustment in retired pay under subsection (b) but before the
effective date of the next increase in the rates of monthly
basic pay, the retired pay of the member or former member
shall be increased, effective on the date the member becomes
entitled to that pay, by the percent (adjusted to the nearest
one-tenth of 1 percent) by which--
``(A) the base index, exceeds
``(B) the price index for the calendar quarter immediately
before the calendar quarter in which the rates of monthly
basic pay on which the retired pay is based became effective.
``(3) Members covered.--Paragraphs (1) and (2) apply to a
member or former member of an armed force who first became a
member of a uniformed service before August 1, 1986, and
whose retired pay base is determined under section 1406 of
this title.
``(d) First COLA Adjustment for Members With Retired Pay
Computed Using High-Three.--Notwithstanding subsection (b),
the retired pay of a member or former member of an armed
force who first became a member of a uniformed service before
August 1, 1986, and whose retired pay base is determined
under section 1407 of this title shall be increased on the
effective date of the first adjustment of retired pay under
subsection (b) after the member or former member becomes
entitled to retired pay by the percent (adjusted to the
nearest one-tenth of 1 percent) equal to the difference
between the percent by which--
``(1) the price index for the base quarter of that year,
exceeds
``(2) the price index for the calendar quarter immediately
before the calendar quarter during which the member became
entitled to retired pay.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply only to adjustments of retired and retainer pay
effective after the date of the enactment of this Act.
SEC. 633. SUSPENSION OF PAYMENT OF RETIRED PAY OF MEMBERS WHO
ARE ABSENT FROM THE UNITED STATES TO AVOID
PROSECUTION.
(a) Development of Procedures For Suspension.--The
Secretary of Defense shall develop uniform procedures under
which the Secretary of a military department may suspend the
payment of the retired pay of a member or former member of
the Armed Forces during periods in which the member willfully
remains outside the United States to avoid criminal
prosecution or civil liability. The procedures shall address
the types of criminal offenses and civil proceedings for
which the procedures may be used, including the offenses
specified in section 8312 of title 5, United States Code, and
the manner by which a member, upon the return of the member
to the United States, may obtain retired pay withheld during
the member's absence.
(b) Report to Congress.--The Secretary of Defense shall
submit to Congress a report describing the procedures
developed under subsection (a). The report shall include
recommendations regarding changes to existing provisions of
law (including section 8313 of title 5, United States Code)
that the Secretary determines are necessary to fully
implement the procedures.
(c) Retired Pay Defined.--For purposes of this section, the
term ``retired pay'' means retired pay, retirement pay,
retainer pay, or equivalent pay, payable under a statute to a
member or former member of a uniformed service.
(d) Effective Date.--The uniform procedures required by
subsection (a) shall be developed not later than 30 days
after the date of the enactment of this Act.
SEC. 634. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR BENEFIT PLAN
STATUTE.
Subchapter II of chapter 73 of title 10, United States
Code, is amended to read as follows:
``SUBCHAPTER II--SURVIVOR BENEFIT PLAN
``Sec.
``1447. Definitions.
``1448. Application of Plan.
``1449. Mental incompetency of member.
``1450. Payment of annuity: beneficiaries.
``1451. Amount of annuity.
``1452. Reduction in retired pay.
``1453. Recovery of amounts erroneously paid.
``1454. Correction of administrative errors.
``1455. Regulations.
``Sec. 1447. Definitions
``In this subchapter:
``(1) Plan.--The term `Plan' means the Survivor Benefit
Plan established by this subchapter.
``(2) Standard annuity.--The term `standard annuity' means
an annuity provided by virtue of eligibility under section
1448(a)(1)(A) of this title.
``(3) Reserve-component annuity.--The term `reserve-
component annuity' means an annuity provided by virtue of
eligibility under section 1448(a)(1)(B) of this title.
``(4) Retired pay.--The term `retired pay' includes
retainer pay paid under section 6330 of this title.
``(5) Reserve-component retired pay.--The term `reserve-
component retired pay' means retired pay under chapter 1223
of this title (or under chapter 67 of this title as in effect
before the effective date of the Reserve Officer Personnel
Management Act).
``(6) Base amount.--The term `base amount' means the
following:
``(A) Full amount under standard annuity.--In the case of a
person who dies after becoming entitled to retired pay, such
term means the amount of monthly retired pay (determined
without regard to any reduction under section 1409(b)(2) of
this title) to which the person--
``(i) was entitled when he became eligible for that pay; or
``(ii) later became entitled by being advanced on the
retired list, performing active duty, or being transferred
from the temporary disability retired list to the permanent
disability retired list.
[[Page 1950]]
``(B) Full amount under reserve-component annuity.--In the
case of a person who would have become eligible for reserve-
component retired pay but for the fact that he died before
becoming 60 years of age, such term means the amount of
monthly retired pay for which the person would have been
eligible--
``(i) if he had been 60 years of age on the date of his
death, for purposes of an annuity to become effective on the
day after his death in accordance with a designation made
under section 1448(e) of this title; or
``(ii) upon becoming 60 years of age (if he had lived to
that age), for purposes of an annuity to become effective on
the 60th anniversary of his birth in accordance with a
designation made under section 1448(e) of this title.
``(C) Reduced amount.--Such term means any amount less than
the amount otherwise applicable under subparagraph (A) or (B)
with respect to an annuity provided under the Plan but which
is not less than $300 and which is designated by the person
(with the concurrence of the person's spouse, if required
under section 1448(a)(3) of this title) providing the annuity
on or before--
``(i) the first day for which he becomes eligible for
retired pay, in the case of a person providing a standard
annuity, or
``(ii) the end of the 90-day period beginning on the date
on which he receives the notification required by section
12731(d) of this title that he has completed the years of
service required for eligibility for reserve-component
retired pay, in the case of a person providing a reserve-
component annuity.
``(7) Widow.--The term `widow' means the surviving wife of
a person who, if not married to the person at the time he
became eligible for retired pay--
``(A) was married to him for at least one year immediately
before his death; or
``(B) is the mother of issue by that marriage.
``(8) Widower.--The term `widower' means the surviving
husband of a person who, if not married to the person at the
time she became eligible for retired pay--
``(A) was married to her for at least one year immediately
before her death; or
``(B) is the father of issue by that marriage.
``(9) Surviving spouse.--The term `surviving spouse' means
a widow or widower.
``(10) Former spouse.--The term `former spouse' means the
surviving former husband or wife of a person who is eligible
to participate in the Plan.
``(11) Dependent child.--
``(A) In general.--The term `dependent child' means a
person who--
``(i) is unmarried;
``(ii) is (I) under 18 years of age, (II) at least 18, but
under 22, years of age and pursuing a full-time course of
study or training in a high school, trade school, technical
or vocational institute, junior college, college, university,
or comparable recognized educational institution, or (III)
incapable of self support because of a mental or physical
incapacity existing before the person's eighteenth birthday
or incurred on or after that birthday, but before the
person's twenty-second birthday, while pursuing such a full-
time course of study or training; and
``(iii) is the child of a person to whom the Plan applies,
including (I) an adopted child, and (II) a stepchild, foster
child, or recognized natural child who lived with that person
in a regular parent-child relationship.
``(B) Special rules for college students.--For the purpose
of subparagraph (A), a child whose twenty-second birthday
occurs before July 1 or after August 31 of a calendar year,
and while regularly pursuing such a course of study or
training, is considered to have become 22 years of age on the
first day of July after that birthday. A child who is a
student is considered not to have ceased to be a student
during an interim between school years if the interim is not
more than 150 days and if the child shows to the satisfaction
of the Secretary of Defense that the child has a bona fide
intention of continuing to pursue a course of study or
training in the same or a different school during the school
semester (or other period into which the school year is
divided) immediately after the interim.
``(C) Foster children.--A foster child, to qualify under
this paragraph as the dependent child of a person to whom the
Plan applies, must, at the time of the death of that person,
also reside with, and receive over one-half of his support
from, that person, and not be cared for under a social agency
contract. The temporary absence of a foster child from the
residence of that person, while a student as described in
this paragraph, shall not be considered to affect the
residence of such a foster child.
``(12) Court.--The term `court' has the meaning given that
term by section 1408(a)(1) of this title.
``(13) Court order.--
``(A) In general.--The term `court order' means a court's
final decree of divorce, dissolution, or annulment or a court
ordered, ratified, or approved property settlement incident
to such a decree (including a final decree modifying the
terms of a previously issued decree of divorce, dissolution,
annulment, or legal separation, or of a court ordered,
ratified, or approved property settlement agreement incident
to such previously issued decree).
``(B) Final decree.--The term `final decree' means a decree
from which no appeal may be taken or from which no appeal has
been taken within the time allowed for the taking of such
appeals under the laws applicable to such appeals, or a
decree from which timely appeal has been taken and such
appeal has been finally decided under the laws applicable to
such appeals.
``(C) Regular on its face.--The term `regular on its face',
when used in connection with a court order, means a court
order that meets the conditions prescribed in section
1408(b)(2) of this title.
``Sec. 1448. Application of plan
``(a) General Rules for Participation in the Plan.--
``(1) Name of plan; eligible participants.--The program
established by this subchapter shall be known as the Survivor
Benefit Plan. The following persons are eligible to
participate in the Plan:
``(A) Persons entitled to retired pay.
``(B) Persons who would be eligible for reserve-component
retired pay but for the fact that they are under 60 years of
age.
``(2) Participants in the plan.--The Plan applies to the
following persons, who shall be participants in the Plan:
``(A) Standard annuity participants.--A person who is
eligible to participate in the Plan under paragraph (1)(A)
and who is married or has a dependent child when he becomes
entitled to retired pay, unless he elects (with his spouse's
concurrence, if required under paragraph (3)) not to
participate in the Plan before the first day for which he is
eligible for that pay.
``(B) Reserve-component annuity participants.--A person who
(i) is eligible to participate in the Plan under paragraph
(1)(B), (ii) is married or has a dependent child when he is
notified under section 12731(d) of this title that he has
completed the years of service required for eligibility for
reserve-component retired pay, and (iii) elects to
participate in the Plan (and makes a designation under
subsection (e)) before the end of the 90-day period beginning
on the date he receives such notification.
A person described in clauses (i) and (ii) of subparagraph
(B) who does not elect to participate in the Plan before the
end of the 90-day period referred to in that clause remains
eligible, upon reaching 60 years of age and otherwise
becoming entitled to retired pay, to participate in the Plan
in accordance with eligibility under paragraph (1)(A).
``(3) Elections.--
``(A) Spousal consent for certain elections respecting
standard annuity.--A married person who is eligible to
provide a standard annuity may not without the concurrence of
the person's spouse elect--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's spouse at
less than the maximum level; or
``(iii) to provide an annuity for a dependent child but not
for the person's spouse.
``(B) Spousal consent for certain elections respecting
reserve-component annuity.--A married person who elects to
provide a reserve-component annuity may not without the
concurrence of the person's spouse elect--
``(i) to provide an annuity for the person's spouse at less
than the maximum level; or
``(ii) to provide an annuity for a dependent child but not
for the person's spouse.
``(C) Exception when spouse unavailable.--A person may make
an election described in subparagraph (A) or (B) without the
concurrence of the person's spouse if the person establishes
to the satisfaction of the Secretary concerned--
``(i) that the spouse's whereabouts cannot be determined;
or
``(ii) that, due to exceptional circumstances, requiring
the person to seek the spouse's consent would otherwise be
inappropriate.
``(D) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity for a former spouse
(or for a former spouse and dependent child) under subsection
(b)(2).
``(E) Notice to spouse of election to provide former spouse
annuity.--If a married person who is eligible to provide a
standard annuity elects to provide an annuity for a former
spouse (or for a former spouse and dependent child) under
subsection (b)(2), that person's spouse shall be notified of
that election.
``(4) Irrevocability of elections.--
``(A) Standard annuity.--An election under paragraph (2)(A)
not to participate in the Plan is irrevocable if not revoked
before the date on which the person first becomes entitled to
retired pay.
``(B) Reserve-component annuity.--An election under
paragraph (2)(B) to participate in the Plan is irrevocable if
not revoked before the end of the 90-day period referred to
in that paragraph.
``(5) Participation by person marrying after retirement,
etc.--
``(A) Election to participate in plan.--A person who is not
married and has no dependent child upon becoming eligible to
participate in the Plan but who later marries or acquires a
dependent child may elect to participate in the Plan.
``(B) Manner and time of election.--Such an election must
be written, signed by the person making the election, and
received by the Secretary concerned within one year after the
date on which that person marries or acquires that dependent
child.
``(C) Limitation on revocation of election.--Such an
election may not be revoked except in accordance with
subsection (b)(3).
``(D) Effective date of election.--The election is
effective as of the first day of the first calendar month
following the month in
[[Page 1951]]
which the election is received by the Secretary concerned.
``(E) Designation if rcsbp election.--In the case of a
person providing a reserve-component annuity, such an
election shall include a designation under subsection (e).
``(6) Election out of plan by person with spouse coverage
who remarries.--
``(A) General rule.--A person--
``(i) who is a participant in the Plan and is providing
coverage under the Plan for a spouse (or a spouse and child);
``(ii) who does not have an eligible spouse beneficiary
under the Plan; and
``(iii) who remarries,
may elect not to provide coverage under the Plan for the
person's spouse.
``(B) Effect of election on retired pay.--If such an
election is made, reductions in the retired pay of that
person under section 1452 of this title shall not be made.
``(C) Terms and conditions of election.--An election under
this paragraph--
``(i) is irrevocable;
``(ii) shall be made within one year after the person's
remarriage; and
``(iii) shall be made in such form and manner as may be
prescribed in regulations under section 1455 of this title.
``(D) Notice to spouse.--If a person makes an election
under this paragraph--
``(i) not to participate in the Plan;
``(ii) to provide an annuity for the person's spouse at
less than the maximum level; or
``(iii) to provide an annuity for a dependent child but not
for the person's spouse,
the person's spouse shall be notified of that election.
``(E) Construction with former spouse election
provisions.--This paragraph does not affect any right or
obligation to elect to provide an annuity to a former spouse
under subsection (b).
``(b) Insurable Interest and Former Spouse Coverage.--
``(1) Coverage for person with insurable interest.--
``(A) General rule.--A person who is not married and does
not have a dependent child upon becoming eligible to
participate in the Plan may elect to provide an annuity under
the Plan to a natural person with an insurable interest in
that person. In the case of a person providing a reserve-
component annuity, such an election shall include a
designation under subsection (e).
``(B) Termination of coverage.--An election under
subparagraph (A) for a beneficiary who is not the former
spouse of the person providing the annuity may be terminated.
Any such termination shall be made by a participant by the
submission to the Secretary concerned of a request to
discontinue participation in the Plan, and such participation
in the Plan shall be discontinued effective on the first day
of the first month following the month in which the request
is received by the Secretary concerned. Effective on such
date, the Secretary concerned shall discontinue the reduction
being made in such person's retired pay on account of
participation in the Plan or, in the case of a person who has
been required to make deposits in the Treasury on account of
participation in the Plan, such person may discontinue making
such deposits effective on such date.
``(C) Form for discontinuation.--A request under
subparagraph (B) to discontinue participation in the Plan
shall be in such form and shall contain such information as
may be required under regulations prescribed by the Secretary
of Defense.
``(D) Withdrawal of request for discontinuation.--The
Secretary concerned shall furnish promptly to each person who
submits a request under subparagraph (B) to discontinue
participation in the Plan a written statement of the
advantages and disadvantages of participating in the Plan and
the possible disadvantages of discontinuing participation. A
person may withdraw the request to discontinue participation
if withdrawn within 30 days after having been submitted to
the Secretary concerned.
``(E) Consequences of discontinuation.--Once participation
is discontinued, benefits may not be paid in conjunction with
the earlier participation in the Plan and premiums paid may
not be refunded. Participation in the Plan may not later be
resumed except through a qualified election under paragraph
(5) of subsection (a).
``(2) Former spouse coverage upon becoming a participant in
the plan.--
``(A) General rule.--A person who has a former spouse upon
becoming eligible to participate in the Plan may elect to
provide an annuity to that former spouse.
``(B) Effect of former spouse election on spouse or
dependent child.--In the case of a person with a spouse or a
dependent child, such an election prevents payment of an
annuity to that spouse or child (other than a child who is a
beneficiary under an election under paragraph (4)), including
payment under subsection (d).
``(C) Designation if more than one former spouse.--If there
is more than one former spouse, the person shall designate
which former spouse is to be provided the annuity.
``(D) Designation if rcsbp election.--In the case of a
person providing a reserve-component annuity, such an
election shall include a designation under subsection (e).
``(3) Former spouse coverage by persons already
participating in plan.--
``(A) Election of coverage.--
``(i) Authority for election.--A person--
``(I) who is a participant in the Plan and is providing
coverage for a spouse or a spouse and child (even though
there is no beneficiary currently eligible for such
coverage), and
``(II) who has a former spouse who was not that person's
former spouse when that person became eligible to participate
in the Plan,
may (subject to subparagraph (B)) elect to provide an annuity
to that former spouse.
``(ii) Termination of previous coverage.--Any such election
terminates any previous coverage under the Plan.
``(iii) Manner and time of election.--Any such election
must be written, signed by the person making the election,
and received by the Secretary concerned within one year after
the date of the decree of divorce, dissolution, or annulment.
``(B) Limitation on election.--A person may not make an
election under subparagraph (A) to provide an annuity to a
former spouse who that person married after becoming eligible
for retired pay unless--
``(i) the person was married to that former spouse for at
least one year, or
``(ii) that former spouse is the parent of issue by that
marriage.
``(C) Irrevocability, effective date, etc.--An election
under this paragraph may not be revoked except in accordance
with section 1450(f) of this title. Such an election is
effective as of the first day of the first calendar month
following the month in which it is received by the Secretary
concerned. This paragraph does not provide the authority to
change a designation previously made under subsection (e).
``(D) Notice to spouse.--If a person who is married makes
an election to provide an annuity to a former spouse under
this paragraph, that person's spouse shall be notified of the
election.
``(4) Former spouse and child coverage.--A person who
elects to provide an annuity for a former spouse under
paragraph (2) or (3) may, at the time of the election, elect
to provide coverage under that annuity for both the former
spouse and a dependent child, if the child resulted from the
person's marriage to that former spouse.
``(5) Disclosure of whether election of former spouse
coverage is required.--A person who elects to provide an
annuity to a former spouse under paragraph (2) or (3) shall,
at the time of making the election, provide the Secretary
concerned with a written statement (in a form to be
prescribed by that Secretary and signed by such person and
the former spouse) setting forth--
``(A) whether the election is being made pursuant to the
requirements of a court order; or
``(B) whether the election is being made pursuant to a
written agreement previously entered into voluntarily by such
person as a part of, or incident to, a proceeding of divorce,
dissolution, or annulment and (if so) whether such voluntary
written agreement has been incorporated in, or ratified or
approved by, a court order.
``(c) Persons on Temporary Disability Retired List.--The
application of the Plan to a person whose name is on the
temporary disability retired list terminates when his name is
removed from that list and he is no longer entitled to
disability retired pay.
``(d) Coverage for Survivors of Retirement-Eligible Members
Who Die on Active Duty.--
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a member who dies on active duty after--
``(A) becoming eligible to receive retired pay;
``(B) qualifying for retired pay except that he has not
applied for or been granted that pay; or
``(C) completing 20 years of active service but before he
is eligible to retire as a commissioned officer because he
has not completed 10 years of active commissioned service.
``(2) Dependent child annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the dependent
child of a member described in paragraph (1) if there is no
surviving spouse or if the member's surviving spouse
subsequently dies.
``(3) Mandatory former spouse annuity.--If a member
described in paragraph (1) is required under a court order or
spousal agreement to provide an annuity to a former spouse
upon becoming eligible to be a participant in the Plan or has
made an election under subsection (b) to provide an annuity
to a former spouse, the Secretary--
``(A) may not pay an annuity under paragraph (1) or (2);
but
``(B) shall pay an annuity to that former spouse as if the
member had been a participant in the Plan and had made an
election under subsection (b) to provide an annuity to the
former spouse, or in accordance with that election, as the
case may be, if the Secretary receives a written request from
the former spouse concerned that the election be deemed to
have been made in the same manner as provided in section
1450(f)(3) of this title.
``(4) Priority.--An annuity that may be provided under this
subsection shall be provided in preference to an annuity that
may be provided under any other provision of this subchapter
on account of service of the same member.
``(5) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(e) Designation for Commencement of Reserve-Component
Annuity.--In any case in which a person electing to
participate in the Plan is required to make a designation
under this subsection, the person making such election shall
designate whether, in the
[[Page 1952]]
event he dies before becoming 60 years of age, the annuity
provided shall become effective on--
``(1) the day after the date of his death; or
``(2) the 60th anniversary of his birth.
``(f) Coverage of Survivors of Persons Dying When Eligible
To Elect Reserve-Component Annuity.--
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a person who is eligible to provide a reserve-
component annuity and who dies--
``(A) before being notified under section 12731(d) of this
title that he has completed the years of service required for
eligibility for reserve-component retired pay; or
``(B) during the 90-day period beginning on the date he
receives notification under section 12731(d) of this title
that he has completed the years of service required for
eligibility for reserve-component retired pay if he had not
made an election under subsection (a)(2)(B) to participate in
the Plan.
``(2) Dependent child annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the dependent
child of a person described in paragraph (1) if there is no
surviving spouse or if the person's surviving spouse
subsequently dies.
``(3) Mandatory former spouse annuity.--If a person
described in paragraph (1) is required under a court order or
spousal agreement to provide an annuity to a former spouse
upon becoming eligible to be a participant in the Plan or has
made an election under subsection (b) to provide an annuity
to a former spouse, the Secretary--
``(A) may not pay an annuity under paragraph (1) or (2);
but
``(B) shall pay an annuity to that former spouse as if the
person had been a participant in the Plan and had made an
election under subsection (b) to provide an annuity to the
former spouse, or in accordance with that election, as the
case may be, if the Secretary receives a written request from
the former spouse concerned that the election be deemed to
have been made in the same manner as provided in section
1450(f)(3) of this title.
``(4) Computation.--The amount of an annuity under this
subsection is computed under section 1451(c) of this title.
``(g) Election To Increase Coverage Upon Remarriage.--
``(1) Election.--A person--
``(A) who is a participant in the Plan and is providing
coverage under subsection (a) for a spouse or a spouse and
child, but at less than the maximum level; and
``(B) who remarries,
may elect, within one year of such remarriage, to increase
the level of coverage provided under the Plan to a level not
in excess of the current retired pay of that person.
``(2) Payment required.--Such an election shall be
contingent on the person paying to the United States the
amount determined under paragraph (3) plus interest on such
amount at a rate determined under regulations prescribed by
the Secretary of Defense.
``(3) Amount to be paid.--The amount referred to in
paragraph (2) is the amount equal to the difference between--
``(A) the amount that would have been withheld from such
person's retired pay under section 1452 of this title if the
higher level of coverage had been in effect from the time the
person became a participant in the Plan; and
``(B) the amount of such person's retired pay actually
withheld.
``(4) Manner of making election.--An election under
paragraph (1) shall be made in such manner as the Secretary
shall prescribe and shall become effective upon receipt of
the payment required by paragraph (2).
``(5) Disposition of payments.--A payment received under
this subsection by the Secretary of Defense shall be
deposited into the Department of Defense Military Retirement
Fund. Any other payment received under this subsection shall
be deposited in the Treasury as miscellaneous receipts.
``Sec. 1449. Mental incompetency of member
``(a) Election by Secretary Concerned on Behalf of Mentally
Incompetent Member.--If a person to whom section 1448 of this
title applies is determined to be mentally incompetent by
medical officers of the armed force concerned or of the
Department of Veterans Affairs, or by a court of competent
jurisdiction, an election described in subsection (a)(2) or
(b) of section 1448 of this title may be made on behalf of
that person by the Secretary concerned.
``(b) Revocation of Election by Member.--
``(1) Authority upon subsequent determination of mental
competence.--If a person for whom the Secretary has made an
election under subsection (a) is later determined to be
mentally competent by an authority named in that subsection,
that person may, within 180 days after that determination,
revoke that election.
``(2) Deductions from retired pay not to be refunded.--Any
deduction made from retired pay by reason of such an election
may not be refunded.
``Sec. 1450. Payment of annuity: beneficiaries
``(a) In General.--Effective as of the first day after the
death of a person to whom section 1448 of this title applies
(or on such other day as that person may provide under
subsection (j)), a monthly annuity under section 1451 of this
title shall be paid to the person's beneficiaries under the
Plan, as follows:
``(1) Surviving spouse or former spouse.--The eligible
surviving spouse or the eligible former spouse.
``(2) Surviving children.--The surviving dependent children
in equal shares, if the eligible surviving spouse or the
eligible former spouse is dead, dies, or otherwise becomes
ineligible under this section.
``(3) Dependent children.--The dependent children in equal
shares if the person to whom section 1448 of this title
applies (with the concurrence of the person's spouse, if
required under section 1448(a)(3) of this title) elected to
provide an annuity for dependent children but not for the
spouse or former spouse.
``(4) Natural person designated under `insurable interest'
coverage.--The natural person designated under section
1448(b)(1) of this title, unless the election to provide an
annuity to the natural person has been changed as provided in
subsection (f).
``(b) Termination of Annuity for Death, Remarriage Before
Age 55, Etc.--
``(1) General rule.--An annuity payable to the beneficiary
terminates effective as of the first day of the month in
which eligibility is lost.
``(2) Termination of spouse annuity upon death or
remarriage before age 55.--An annuity for a surviving spouse
or former spouse shall be paid to the surviving spouse or
former spouse while the surviving spouse or former spouse is
living or, if the surviving spouse or former spouse remarries
before reaching age 55, until the surviving spouse or former
spouse remarries.
``(3) Effect of termination of subsequent marriage before
age 55.--If the surviving spouse or former spouse remarries
before reaching age 55 and that marriage is terminated by
death, annulment, or divorce, payment of the annuity shall be
resumed effective as of the first day of the month in which
the marriage is so terminated. However, if the surviving
spouse or former spouse is also entitled to an annuity under
the Plan based upon the marriage so terminated, the surviving
spouse or former spouse may not receive both annuities but
must elect which to receive.
``(c) Offset for Amount of Dependency and Indemnity
Compensation.--
``(1) Required offset.--If, upon the death of a person to
whom section 1448 of this title applies, the surviving spouse
or former spouse of that person is also entitled to
dependency and indemnity compensation under section 1311(a)
of title 38, the surviving spouse or former spouse may be
paid an annuity under this section, but only in the amount
that the annuity otherwise payable under this section would
exceed that compensation.
``(2) Effective date of offset.--A reduction in an annuity
under this section required by paragraph (1) shall be
effective on the date of the commencement of the period of
payment of such dependency and indemnity compensation under
title 38.
``(d) Limitation on Payment of Annuities When Coverage
Under Civil Service Retirement Elected.--If, upon the death
of a person to whom section 1448 of this title applies, that
person had in effect a waiver of that person's retired pay
for the purposes of subchapter III of chapter 83 of title 5,
an annuity under this section shall not be payable unless, in
accordance with section 8339(j) of title 5, that person
notified the Office of Personnel Management that he did not
desire any spouse surviving him to receive an annuity under
section 8341(b) of that title.
``(e) Refund of Amounts Deducted From Retired Pay When DIC
Offset Is Applicable.--
``(1) Full refund when dic greater than sbp annuity.--If an
annuity under this section is not payable because of
subsection (c), any amount deducted from the retired pay of
the deceased under section 1452 of this title shall be
refunded to the surviving spouse or former spouse.
``(2) Partial refund when sbp annuity reduced by dic.--If,
because of subsection (c), the annuity payable is less than
the amount established under section 1451 of this title, the
annuity payable shall be recalculated under that section. The
amount of the reduction in the retired pay required to
provide that recalculated annuity shall be computed under
section 1452 of this title, and the difference between the
amount deducted before the computation of that recalculated
annuity and the amount that would have been deducted on the
basis of that recalculated annuity shall be refunded to the
surviving spouse or former spouse.
``(f) Change in Election of Insurable Interest or Former
Spouse Beneficiary.--
``(1) Authorized changes.--
``(A) Election in favor of spouse or child.--A person who
elects to provide an annuity to a person designated by him
under section 1448(b) of this title may, subject to paragraph
(2), change that election and provide an annuity to his
spouse or dependent child.
``(B) Notice.--The Secretary concerned shall notify the
former spouse or other natural person previously designated
under section 1448(b) of this title of any change of election
under subparagraph (A).
``(C) Procedures, effective date, etc.--Any such change of
election is subject to the same rules with respect to
execution, revocation, and effectiveness as are set forth in
section 1448(a)(5) of this title (without regard to the
eligibility of the person making the change of election to
make such an election under that section).
``(2) Limitation on change in beneficiary when former
spouse coverage in effect.--A person who, incident to a
proceeding of divorce, dissolution, or annulment, is required
[[Page 1953]]
by a court order to elect under section 1448(b) of this title
to provide an annuity to a former spouse (or to both a former
spouse and child), or who enters into a written agreement
(whether voluntary or required by a court order) to make such
an election, and who makes an election pursuant to such order
or agreement, may not change that election under paragraph
(1) unless, of the following requirements, whichever are
applicable in a particular case are satisfied:
``(A) In a case in which the election is required by a
court order, or in which an agreement to make the election
has been incorporated in or ratified or approved by a court
order, the person--
``(i) furnishes to the Secretary concerned a certified copy
of a court order which is regular on its face and which
modifies the provisions of all previous court orders relating
to such election, or the agreement to make such election, so
as to permit the person to change the election; and
``(ii) certifies to the Secretary concerned that the court
order is valid and in effect.
``(B) In a case of a written agreement that has not been
incorporated in or ratified or approved by a court order, the
person--
``(i) furnishes to the Secretary concerned a statement, in
such form as the Secretary concerned may prescribe, signed by
the former spouse and evidencing the former spouse's
agreement to a change in the election under paragraph (1);
and
``(ii) certifies to the Secretary concerned that the
statement is current and in effect.
``(3) Required former spouse election to be deemed to have
been made.--
``(A) Deemed election upon request by former spouse.--If a
person described in paragraph (2) or (3) of section 1448(b)
of this title is required (as described in subparagraph (B))
to elect under section 1448(b) of this title to provide an
annuity to a former spouse and such person then fails or
refuses to make such an election, such person shall be deemed
to have made such an election if the Secretary concerned
receives the following:
``(i) Request from former spouse.--A written request, in
such manner as the Secretary shall prescribe, from the former
spouse concerned requesting that such an election be deemed
to have been made.
``(ii) Copy of court order or other official statement.--
Either--
``(I) a copy of the court order, regular on its face, which
requires such election or incorporates, ratifies, or approves
the written agreement of such person; or
``(II) a statement from the clerk of the court (or other
appropriate official) that such agreement has been filed with
the court in accordance with applicable State law.
``(B) Persons required to make election.--A person shall be
considered for purposes of subparagraph (A) to be required to
elect under section 1448(b) of this title to provide an
annuity to a former spouse if--
``(i) the person enters, incident to a proceeding of
divorce, dissolution, or annulment, into a written agreement
to make such an election and the agreement (I) has been
incorporated in or ratified or approved by a court order, or
(II) has been filed with the court of appropriate
jurisdiction in accordance with applicable State law; or
``(ii) the person is required by a court order to make such
an election.
``(C) Time limit for request by former spouse.--An election
may not be deemed to have been made under subparagraph (A) in
the case of any person unless the Secretary concerned
receives a request from the former spouse of the person
within one year of the date of the court order or filing
involved.
``(D) Effective date of deemed election.--An election
deemed to have been made under subparagraph (A) shall become
effective on the first day of the first month which begins
after the date of the court order or filing involved.
``(4) Former spouse coverage may be required by court
order.--A court order may require a person to elect (or to
enter into an agreement to elect) under section 1448(b) of
this title to provide an annuity to a former spouse (or to
both a former spouse and child).
``(g) Limitation on Changing or Revoking Elections.--
``(1) In general.--An election under this section may not
be changed or revoked.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) a revocation of an election under section 1449(b) of
this title; or
``(B) a change in an election under subsection (f).
``(h) Treatment of Annuities Under Other Laws.--Except as
provided in section 1451 of this title, an annuity under this
section is in addition to any other payment to which a person
is entitled under any other provision of law. Such annuity
shall be considered as income under laws administered by the
Secretary of Veterans Affairs.
``(i) Annuities Exempt From Certain Legal Process.--Except
as provided in subsection (l)(3)(B), an annuity under this
section is not assignable or subject to execution, levy,
attachment, garnishment, or other legal process.
``(j) Effective Date of Reserve-Component Annuities.--
``(1) Persons making section 1448(e) designation.--An
annuity elected by a person providing a reserve-component
annuity shall be effective in accordance with the designation
made by such person under section 1448(e) of this title.
``(2) Persons dying before making section 1448(e)
designation.--An annuity payable under section 1448(f) of
this title shall be effective on the day after the date of
the death of the person upon whose service the right to the
annuity is based.
``(k) Adjustment of Spouse or Former Spouse Annuity Upon
Loss of Dependency and Indemnity Compensation.--
``(1) Readjustment if beneficiary 55 years of age or
more.--If a surviving spouse or former spouse whose annuity
has been adjusted under subsection (c) subsequently loses
entitlement to dependency and indemnity compensation under
section 1311(a) of title 38 because of the remarriage of the
surviving spouse, or former spouse, and if at the time of
such remarriage the surviving spouse or former spouse is 55
years of age or more, the amount of the annuity of the
surviving spouse or former spouse shall be readjusted,
effective on the effective date of such loss of dependency
and indemnity compensation, to the amount of the annuity
which would be in effect with respect to the surviving spouse
or former spouse if the adjustment under subsection (c) had
never been made.
``(2) Repayment of amounts previously refunded.--
``(A) General rule.--A surviving spouse or former spouse
whose annuity is readjusted under paragraph (1) shall repay
any amount refunded under subsection (e) by reason of the
adjustment under subsection (c).
``(B) Interest required if repayment not a lump sum.--If
the repayment is not made in a lump sum, the surviving spouse
or former spouse shall pay interest on the amount to be
repaid. Such interest shall commence on the date on which the
first such payment is due and shall be applied over the
period during which any part of the repayment remains to be
paid.
``(C) Manner of repayment; rate of interest.--The manner in
which such repayment shall be made, and the rate of any such
interest, shall be prescribed in regulations under section
1455 of this title.
``(D) Deposit of amounts repaid.--An amount repaid under
this paragraph (including any such interest) received by the
Secretary of Defense shall be deposited into the Department
of Defense Military Retirement Fund. Any other amount repaid
under this paragraph shall be deposited into the Treasury as
miscellaneous receipts.
``(l) Participants in the Plan Who Are Missing.--
``(1) Authority to presume death of missing participant.--
``(A) In general.--Upon application of the beneficiary of a
participant in the Plan who is missing, the Secretary
concerned may determine for purposes of this subchapter that
the participant is presumed dead.
``(B) Participant who is missing.--A participant in the
Plan is considered to be missing for purposes of this
subsection if--
``(i) the retired pay of the participant has been suspended
on the basis that the participant is missing; or
``(ii) in the case of a participant in the Plan who would
be eligible for reserve-component retired pay but for the
fact that he is under 60 years of age, his retired pay, if he
were entitled to retired pay, would be suspended on the basis
that he is missing.
``(C) Requirements applicable to presumption of death.--Any
such determination shall be made in accordance with
regulations prescribed under section 1455 of this title. The
Secretary concerned may not make a determination for purposes
of this subchapter that a participant who is missing is
presumed dead unless the Secretary finds that--
``(i) the participant has been missing for at least 30
days; and
``(ii) the circumstances under which the participant is
missing would lead a reasonably prudent person to conclude
that the participant is dead.
``(2) Commencement of annuity.--Upon a determination under
paragraph (1) with respect to a participant in the Plan, an
annuity otherwise payable under this subchapter shall be paid
as if the participant died on the date as of which the
retired pay of the participant was suspended.
``(3) Effect of person not being dead.--
``(A) Termination of annuity.--If, after a determination
under paragraph (1), the Secretary concerned determines that
the participant is alive--
``(i) any annuity being paid under this subchapter by
reason of this subsection shall be terminated; and
``(ii) the total amount of any annuity payments made by
reason of this subsection shall constitute a debt to the
United States.
``(B) Collection from participant of annuity amounts
erroneously paid.--A debt under subparagraph (A)(ii) may be
collected or offset--
``(i) from any retired pay otherwise payable to the
participant;
``(ii) if the participant is entitled to compensation under
chapter 11 of title 38, from that compensation; or
``(iii) if the participant is entitled to any other payment
from the United States, from that payment.
``(C) Collection from beneficiary.--If the participant dies
before the full recovery of the amount of annuity payments
described in subparagraph (A)(ii) has been made by the United
States, the remaining amount of such annuity payments may be
collected from the participant's beneficiary under the Plan
if that beneficiary was the recipient of the annuity payments
made by reason of this subsection.
[[Page 1954]]
``Sec. 1451. Amount of annuity
``(a) Computation of Annuity for a Spouse, Former Spouse,
or Child.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a) of this title
(other than under section 1450(a)(4)), the monthly annuity
payable to the beneficiary shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent child
when becoming entitled to the annuity, the monthly annuity
shall be the amount equal to 55 percent of the base amount.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other than a
dependent child) is 62 years of age or older when becoming
entitled to the annuity, the monthly annuity shall be the
amount equal to 35 percent of the base amount.
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).
``(2) Reserve-component annuity--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a) of this title (other than under section 1450(a)(4)),
the monthly annuity payable to the beneficiary shall be
determined as follows:
``(A) Beneficiary under 62 years of age.--If the
beneficiary is under 62 years of age or is a dependent child
when becoming entitled to the annuity, the monthly annuity
shall be the amount equal to a percentage of the base amount
that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the beneficiary (other than a
dependent child) is 62 years of age or older when becoming
entitled to the annuity, the monthly annuity shall be the
amount equal to a percentage of the base amount that--
``(I) is less than 35 percent; and
``(II) is determined under subsection (f).
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).
``(b) Insurable Interest Beneficiary.--
``(1) Standard annuity.--In the case of a standard annuity
provided to a beneficiary under section 1450(a)(4) of this
title, the monthly annuity payable to the beneficiary shall
be the amount equal to 55 percent of the retired pay of the
person who elected to provide the annuity after the reduction
in that pay in accordance with section 1452(c) of this title.
``(2) Reserve-component annuity.--In the case of a reserve-
component annuity provided to a beneficiary under section
1450(a)(4) of this title, the monthly annuity payable to the
beneficiary shall be the amount equal to a percentage of the
retired pay of the person who elected to provide the annuity
after the reduction in such pay in accordance with section
1452(c) of this title that--
``(A) is less than 55 percent; and
``(B) is determined under subsection (f).
``(3) Computation of reserve-component annuity when
participant dies before age 60.--For the purposes of
paragraph (2), a person--
``(A) who provides an annuity that is determined in
accordance with that paragraph;
``(B) who dies before becoming 60 years of age; and
``(C) who at the time of death is otherwise entitled to
retired pay,
shall be considered to have been entitled to retired pay at
the time of death. The retired pay of such person for the
purposes of such paragraph shall be computed on the basis of
the rates of basic pay in effect on the date on which the
annuity provided by such person is to become effective in
accordance with the designation of such person under section
1448(e) of this title.
``(c) Annuities for Survivors of Certain Persons Dying
During a Period of Special Eligibility for SBP.--
``(1) In general.--In the case of an annuity provided under
section 1448(d) or 1448(f) of this title, the amount of the
annuity shall be determined as follows:
``(A) Beneficiary under 62 years of age.--If the person
receiving the annuity is under 62 years of age or is a
dependent child when the member or former member dies, the
monthly annuity shall be the amount equal to 55 percent of
the retired pay to which the member or former member would
have been entitled if the member or former member had been
entitled to that pay based upon his years of active service
when he died.
``(B) Beneficiary 62 years of age or older.--
``(i) General rule.--If the person receiving the annuity
(other than a dependent child) is 62 years of age or older
when the member or former member dies, the monthly annuity
shall be the amount equal to 35 percent of the retired pay to
which the member or former member would have been entitled if
the member or former member had been entitled to that pay
based upon his years of active service when he died.
``(ii) Rule if beneficiary eligible for social security
offset computation.--If the beneficiary is eligible to have
the annuity computed under subsection (e) and if, at the time
the beneficiary becomes entitled to the annuity, computation
of the annuity under that subsection is more favorable to the
beneficiary than computation under clause (i), the annuity
shall be computed under that subsection rather than under
clause (i).
``(2) DIC offset.--An annuity computed under paragraph (1)
that is paid to a surviving spouse shall be reduced by the
amount of dependency and indemnity compensation to which the
surviving spouse is entitled under section 1311(a) of title
38. Any such reduction shall be effective on the date of the
commencement of the period of payment of such compensation
under title 38.
``(3) Servicemembers not yet granted retired pay.--In the
case of an annuity provided by reason of the service of a
member described in section 1448(d)(1)(B) or 1448(d)(1)(C) of
this title who first became a member of a uniformed service
before September 8, 1980, the retired pay to which the member
would have been entitled when he died shall be determined for
purposes of paragraph (1) based upon the rate of basic pay in
effect at the time of death for the grade in which the member
was serving at the time of death, unless (as determined by
the Secretary concerned) the member would have been entitled
to be retired in a higher grade.
``(4) Rate of pay to be used in computing annuity.--In the
case of an annuity paid under section 1448(f) of this title
by reason of the service of a person who first became a
member of a uniformed service before September 8, 1980, the
retired pay of the person providing the annuity shall for the
purposes of paragraph (1) be computed on the basis of the
rates of basic pay in effect on the effective date of the
annuity.
``(d) Reduction of Annuities at Age 62.--
``(1) Reduction required.--The annuity of a person whose
annuity is computed under subparagraph (A) of subsection
(a)(1), (a)(2), or (c)(1) shall be reduced on the first day
of the month after the month in which the person becomes 62
years of age.
``(2) Amount of annuity as reduced.--
``(A) 35 percent annuity.--Except as provided in
subparagraph (B), the reduced amount of the annuity shall be
the amount of the annuity that the person would be receiving
on that date if the annuity had initially been computed under
subparagraph (B) of that subsection.
``(B) Savings provision for beneficiaries eligible for
social security offset computation.--In the case of a person
eligible to have an annuity computed under subsection (e) and
for whom, at the time the person becomes 62 years of age, the
annuity computed with a reduction under subsection (e)(3) is
more favorable than the annuity with a reduction described in
subparagraph (A), the reduction in the annuity shall be
computed in the same manner as a reduction under subsection
(e)(3).
``(e) Savings Provision for Certain Beneficiaries.--
``(1) Persons covered.--The following beneficiaries under
the Plan are eligible to have an annuity under the Plan
computed under this subsection:
``(A) A beneficiary receiving an annuity under the Plan on
October 1, 1985, as the surviving spouse or former spouse of
the person providing the annuity.
``(B) A spouse or former spouse beneficiary of a person who
on October 1, 1985--
``(i) was a participant in the Plan;
``(ii) was entitled to retired pay or was qualified for
that pay except that he had not applied for and been granted
that pay; or
``(iii) would have been eligible for reserve-component
retired pay but for the fact that he was under 60 years of
age.
``(2) Amount of annuity.--Subject to paragraph (3), an
annuity computed under this subsection is determined as
follows:
``(A) Standard annuity.--In the case of the beneficiary of
a standard annuity, the annuity shall be the amount equal to
55 percent of the base amount.
``(B) Reserve component annuity.--In the case of the
beneficiary of a reserve-component annuity, the annuity shall
be the percentage of the base amount that--
``(i) is less than 55 percent; and
``(ii) is determined under subsection (f).
``(C) Beneficiaries of persons dying during a period of
special eligibility for sbp.--In the case of the beneficiary
of an annuity under section 1448(d) or 1448(f) of this title,
the annuity shall be the amount equal to 55 percent of the
retired pay of the person providing the annuity (as that pay
is determined under subsection (c)).
``(3) Social security offset.--An annuity computed under
this subsection shall be reduced by the lesser of the
following:
``(A) Social security computation.--The amount of the
survivor benefit, if any, to which the surviving spouse (or
the former spouse, in the case of a former spouse beneficiary
who became a former spouse under a divorce that became final
after November 29, 1989) would be entitled under title II of
the Social Security Act (42 U.S.C. 401 et seq.) based solely
upon service by the person concerned as described in section
210(l)(1) of such Act (42 U.S.C. 410(l)(1)) and calculated
assuming that the person concerned lives to age 65.
[[Page 1955]]
``(B) Maximum amount of reduction.--40 percent of the
amount of the monthly annuity as determined under paragraph
(2).
``(4) Special rules for social security offset
computation.--
``(A) Treatment of deductions made on account of work.--For
the purpose of paragraph (3), a surviving spouse (or a former
spouse, in the case of a person who becomes a former spouse
under a divorce that becomes final after November 29, 1989)
shall not be considered as entitled to a benefit under title
II of the Social Security Act (42 U.S.C. 401 et seq.) to the
extent that such benefit has been offset by deductions under
section 203 of such Act (42 U.S.C. 403) on account of work.
``(B) Treatment of certain periods for which social
security refunds are made.--In the computation of any
reduction made under paragraph (3), there shall be excluded
any period of service described in section 210(l)(1) of the
Social Security Act (42 U.S.C. 410(l)(1))--
``(i) which was performed after December 1, 1980; and
``(ii) which involved periods of service of less than 30
continuous days for which the person concerned is entitled to
receive a refund under section 6413(c) of the Internal
Revenue Code of 1986 of the social security tax which the
person had paid.
``(f) Determination of Percentages Applicable to
Computation of Reserve-Component Annuities.--The percentage
to be applied in determining the amount of an annuity
computed under subsection (a)(2), (b)(2), or (e)(2)(B) shall
be determined under regulations prescribed by the Secretary
of Defense. Such regulations shall be prescribed taking into
consideration the following:
``(1) The age of the person electing to provide the annuity
at the time of such election.
``(2) The difference in age between such person and the
beneficiary of the annuity.
``(3) Whether such person provided for the annuity to
become effective (in the event he died before becoming 60
years of age) on the day after his death or on the 60th
anniversary of his birth.
``(4) Appropriate group annuity tables.
``(5) Such other factors as the Secretary considers
relevant.
``(g) Adjustments to Annuities.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in annuities when retired pay increased.--
Whenever retired pay is increased under section 1401a of this
title (or any other provision of law), each annuity that is
payable under the Plan shall be increased at the same time.
``(B) Percentage of increase.--The increase shall, in the
case of any annuity, be by the same percent as the percent by
which the retired pay of the person providing the annuity
would have been increased at such time if the person were
alive (and otherwise entitled to such pay).
``(C) Certain reductions to be disregarded.--The amount of
the increase shall be based on the monthly annuity payable
before any reduction under section 1450(c) of this title or
under subsection (c)(2).
``(2) Rounding down.--The monthly amount of an annuity
payable under this subchapter, if not a multiple of $1, shall
be rounded to the next lower multiple of $1.
``(h) Adjustments to Base Amount.--
``(1) Periodic adjustments for cost-of-living.--
``(A) Increases in base amount when retired pay
increased.--Whenever retired pay is increased under section
1401a of this title (or any other provision of law), the base
amount applicable to each participant in the Plan shall be
increased at the same time.
``(B) Percentage of increase.--The increase shall be by the
same percent as the percent by which the retired pay of the
participant is so increased.
``(2) Recomputation at age 62.--When the retired pay of a
person who first became a member of a uniformed service on or
after August 1, 1986, and who is a participant in the Plan is
recomputed under section 1410 of this title upon the person's
becoming 62 years of age, the base amount applicable to that
person shall be recomputed (effective on the effective date
of the recomputation of such retired pay under section 1410
of this title) so as to be the amount equal to the amount of
the base amount that would be in effect on that date if
increases in such base amount under paragraph (1) had been
computed as provided in paragraph (2) of section 1401a(b) of
this title (rather than under paragraph (3) of that section).
``(3) Disregarding of retired pay reductions for retirement
before 30 years of service.--Computation of a member's
retired pay for purposes of this section shall be made
without regard to any reduction under section 1409(b)(2) of
this title.
``(i) Recomputation of Annuity for Certain Beneficiaries.--
In the case of an annuity under the Plan which is computed on
the basis of the retired pay of a person who would have been
entitled to have that retired pay recomputed under section
1410 of this title upon attaining 62 years of age, but who
dies before attaining that age, the annuity shall be
recomputed, effective on the first day of the first month
beginning after the date on which the member or former member
would have attained 62 years of age, so as to be the amount
equal to the amount of the annuity that would be in effect on
that date if increases under subsection (h)(1) in the base
amount applicable to that annuity to the time of the death of
the member or former member, and increases in such annuity
under subsection (g)(1), had been computed as provided in
paragraph (2) of section 1401a(b) of this title (rather than
under paragraph (3) of that section).
``Sec. 1452. Reduction in retired pay
``(a) Spouse and Former Spouse Annuities.--
``(1) Required reduction in retired pay.--Except as
provided in subsection (b), the retired pay of a participant
in the Plan who is providing spouse coverage (as described in
paragraph (5)) shall be reduced as follows:
``(A) Standard annuity.--If the annuity coverage being
providing is a standard annuity, the reduction shall be as
follows:
``(i) Disability and nonregular service retirees.--In the
case of a person who is entitled to retired pay under chapter
61 or chapter 1223 of this title, the reduction shall be in
whichever of the alternative reduction amounts is more
favorable to that person.
``(ii) Members as of enactment of flat-rate reduction.--In
the case of a person who first became a member of a uniformed
service before March 1, 1990, the reduction shall be in
whichever of the alternative reduction amounts is more
favorable to that person.
``(iii) New entrants after enactment of flat-rate
reduction.--In the case of a person who first becomes a
member of a uniformed service on or after March 1, 1990, and
who is entitled to retired pay under a provision of law other
than chapter 61 or chapter 1223 of this title, the reduction
shall be in an amount equal to 6\1/2\ percent of the base
amount.
``(iv) Alternative reduction amounts.--For purposes of
clauses (i) and (ii), the alternative reduction amounts are
the following:
``(I) Flat-rate reduction.--An amount equal to 6\1/2\
percent of the base amount.
``(II) Amount under pre-flat-rate reduction.--An amount
equal to 2\1/2\ percent of the first $337 (as adjusted after
November 1, 1989, under paragraph (4)) of the base amount
plus 10 percent of the remainder of the base amount.
``(B) Reserve-component annuity.--If the annuity coverage
being provided is a reserve-component annuity, the reduction
shall be in whichever of the following amounts is more
favorable to that person:
``(i) Flat-rate reduction.--An amount equal to 6\1/2\
percent of the base amount plus an amount determined in
accordance with regulations prescribed by the Secretary of
Defense as a premium for the additional coverage provided
through reserve-component annuity coverage under the Plan.
``(ii) Amount under pre-flat-rate reduction.--An amount
equal to 2\1/2\ percent of the first $337 (as adjusted after
November 1, 1989, under paragraph (4)) of the base amount
plus 10 percent of the remainder of the base amount plus an
amount determined in accordance with regulations prescribed
by the Secretary of Defense as a premium for the additional
coverage provided through reserve-component annuity coverage
under the Plan.
``(2) Additional reduction for child coverage.--If there is
a dependent child as well as a spouse or former spouse, the
amount prescribed under paragraph (1) shall be increased by
an amount prescribed under regulations of the Secretary of
Defense.
``(3) No reduction when no beneficiary.--The reduction in
retired pay prescribed by paragraph (1) shall not be
applicable during any month in which there is no eligible
spouse or former spouse beneficiary.
``(4) Periodic adjustments.--
``(A) Adjustments for increases in rates of basic pay.--
Whenever there is an increase in the rates of basic pay of
members of the uniformed services effective on or after
October 1, 1985, the amounts under paragraph (1) with respect
to which the percentage factor of 2\1/2\ is applied shall be
increased by the overall percentage of such increase in the
rates of basic pay. The increase under the preceding sentence
shall apply only with respect to persons whose retired pay is
computed based on the rates of basic pay in effect on or
after the date of such increase in rates of basic pay.
``(B) Adjustments for retired pay colas.--In addition to
the increase under subparagraph (A), the amounts under
paragraph (1) with respect to which the percentage factor of
2\1/2\ is applied shall be further increased at the same time
and by the same percentage as an increase in retired pay
under section 1401a of this title effective on or after
October 1, 1985. Such increase under the preceding sentence
shall apply only with respect to a person who initially
participates in the Plan on a date which is after both the
effective date of such increase under section 1401a and the
effective date of the rates of basic pay upon which that
person's retired pay is computed.
``(5) Spouse coverage described.--For the purposes of
paragraph (1), a participant in the Plan who is providing
spouse coverage is a participant who--
``(A) has (i) a spouse or former spouse, or (ii) a spouse
or former spouse and a dependent child; and
``(B) has not elected to provide an annuity to a person
designated by him under section 1448(b)(1) of this title or,
having made such an election, has changed his election in
favor of his spouse under section 1450(f) of this title.
``(b) Child-Only Annuities.--
``(1) Required reduction in retired pay.--The retired pay
of a participant in the Plan who is providing child-only
coverage (as described in paragraph (4)) shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense.
[[Page 1956]]
``(2) No reduction when no child.--There shall be no
reduction in retired pay under paragraph (1) for any month
during which the participant has no eligible dependent child.
``(3) Special rule for certain rcsbp participants.--In the
case of a participant in the Plan who is participating in the
Plan under an election under section 1448(a)(2)(B) of this
title and who provided child-only coverage during a period
before the participant becomes entitled to receive retired
pay, the retired pay of the participant shall be reduced by
an amount prescribed under regulations by the Secretary of
Defense to reflect the coverage provided under the Plan
during the period before the participant became entitled to
receive retired pay. A reduction under this paragraph is in
addition to any reduction under paragraph (1) and is made
without regard to whether there is an eligible dependent
child during a month for which the reduction is made.
``(4) Child-only coverage defined.--For the purposes of
this subsection, a participant in the Plan who is providing
child-only coverage is a participant who has a dependent
child and who--
``(A) does not have an eligible spouse or former spouse; or
``(B) has a spouse or former spouse but has elected to
provide an annuity for dependent children only.
``(c) Reduction for Insurable Interest Coverage.--
``(1) Required reduction in retired pay.--The retired pay
of a person who has elected to provide an annuity to a person
designated by him under section 1450(a)(4) of this title
shall be reduced as follows:
``(A) Standard annuity.--In the case of a person providing
a standard annuity, the reduction shall be by 10 percent plus
5 percent for each full five years the individual designated
is younger than that person.
``(B) Reserve component annuity.--In the case of a person
providing a reserve-component annuity, the reduction shall be
by an amount prescribed under regulations of the Secretary of
Defense.
``(2) Limitation on total reduction.--The total reduction
under paragraph (1) may not exceed 40 percent.
``(3) Duration of reduction.--The reduction in retired pay
prescribed by this subsection shall continue during the
lifetime of the person designated under section 1450(a)(4) of
this title or until the person receiving retired pay changes
his election under section 1450(f) of this title.
``(4) Rule for computation.--Computation of a member's
retired pay for purposes of this subsection shall be made
without regard to any reduction under section 1409(b)(2) of
this title.
``(d) Deposits To Cover Periods When Retired Pay Not
Paid.--
``(1) Required deposits.--If a person who has elected to
participate in the Plan has been awarded retired pay and is
not entitled to that pay for any period, that person must
deposit in the Treasury the amount that would otherwise have
been deducted from his pay for that period.
``(2) Deposits not required when participant on active
duty.--Paragraph (1) does not apply to a person with respect
to any period when that person is on active duty under a call
or order to active duty for a period of more than 30 days.
``(e) Deposits Not Required for Certain Participants in
CSRS.--When a person who has elected to participate in the
Plan waives that person's retired pay for the purposes of
subchapter III of chapter 83 of title 5, that person shall
not be required to make the deposit otherwise required by
subsection (d) as long as that waiver is in effect unless, in
accordance with section 8339(i) of title 5, that person has
notified the Office of Personnel Management that he does not
desire a spouse surviving him to receive an annuity under
section 8331(b) of title 5.
``(f) Refunds of Deductions Not Allowed.--
``(1) General rule.--A person is not entitled to refund of
any amount deducted from retired pay under this section.
``(2) Exceptions.--Paragraph (1) does not apply--
``(A) in the case of a refund authorized by section 1450(e)
of this title; or
``(B) in case of a deduction made through administrative
error.
``(g) Discontinuation of Participation by Participants
Whose Surviving Spouses Will Be Entitled to DIC.--
``(1) Discontinuation.--
``(A) Conditions.--Notwithstanding any other provision of
this subchapter but subject to paragraphs (2) and (3), a
person who has elected to participate in the Plan and who is
suffering from a service-connected disability rated by the
Secretary of Veterans Affairs as totally disabling and has
suffered from such disability while so rated for a continuous
period of 10 or more years (or, if so rated for a lesser
period, has suffered from such disability while so rated for
a continuous period of not less than 5 years from the date of
such person's last discharge or release from active duty) may
discontinue participation in the Plan by submitting to the
Secretary concerned a request to discontinue participation in
the Plan.
``(B) Effective date.--Participation in the Plan of a
person who submits a request under subparagraph (A) shall be
discontinued effective on the first day of the first month
following the month in which the request under subparagraph
(A) is received by the Secretary concerned. Effective on such
date, the Secretary concerned shall discontinue the reduction
being made in such person's retired pay on account of
participation in the Plan or, in the case of a person who has
been required to make deposits in the Treasury on account of
participation in the Plan, such person may discontinue making
such deposits effective on such date.
``(C) Form for request for discontinuation.--Any request
under this paragraph to discontinue participation in the Plan
shall be in such form and shall contain such information as
the Secretary concerned may require by regulation.
``(2) Consent of beneficiaries required.--A person
described in paragraph (1) may not discontinue participation
in the Plan under such paragraph without the written consent
of the beneficiary or beneficiaries of such person under the
Plan.
``(3) Information on plan to be provided by secretary
concerned.--
``(A) Information to be provided promptly to participant.--
The Secretary concerned shall furnish promptly to each person
who files a request under paragraph (1) to discontinue
participation in the Plan a written statement of the
advantages of participating in the Plan and the possible
disadvantages of discontinuing participation.
``(B) Right to withdraw discontinuation request.--A person
may withdraw a request made under paragraph (1) if it is
withdrawn within 30 days after having been submitted to the
Secretary concerned.
``(4) Refund of deductions from retired pay.--Upon the
death of a person described in paragraph (1) who discontinued
participation in the Plan in accordance with this subsection,
any amount deducted from the retired pay of that person under
this section shall be refunded to the person's surviving
spouse.
``(5) Resumption of participation in plan.--
``(A) Conditions for resumption.--A person described in
paragraph (1) who discontinued participation in the Plan may
elect to participate again in the Plan if--
``(i) after having discontinued participation in the Plan
the Secretary of Veterans Affairs reduces that person's
service-connected disability rating to a rating of less than
total; and
``(ii) that person applies to the Secretary concerned,
within such period of time after the reduction in such
person's service-connected disability rating has been made as
the Secretary concerned may prescribe, to again participate
in the Plan and includes in such application such information
as the Secretary concerned may require.
``(B) Effective date of resumed coverage.--Such person's
participation in the Plan under this paragraph is effective
beginning on the first day of the month after the month in
which the Secretary concerned receives the application for
resumption of participation in the Plan.
``(C) Resumption of contributions.--When a person elects to
participate in the Plan under this paragraph, the Secretary
concerned shall begin making reductions in that person's
retired pay, or require such person to make deposits in the
Treasury under subsection (d), as appropriate, effective on
the effective date of such participation under subparagraph
(B).
``(h) Increases in Reduction With Increases in Retired
Pay.--
``(1) General rule.--Whenever retired pay is increased
under section 1401a of this title (or any other provision of
law), the amount of the reduction to be made under subsection
(a) or (b) in the retired pay of any person shall be
increased at the same time and by the same percentage as such
retired pay is so increased.
``(i) Recomputation of Reduction Upon Recomputation of
Retired Pay.--When the retired pay of a person who first
became a member of a uniformed service on or after August 1,
1986, and who is a participant in the Plan is recomputed
under section 1410 of this title upon the person's becoming
62 years of age, the amount of the reduction in such retired
pay under this section shall be recomputed (effective on the
effective date of the recomputation of such retired pay under
section 1410 of this title) so as to be the amount equal to
the amount of such reduction that would be in effect on that
date if increases in such retired pay under section 1401a(b)
of this title, and increases in reductions in such retired
pay under subsection (h), had been computed as provided in
paragraph (2) of section 1401a(b) of this title (rather than
under paragraph (3) of that section).
``Sec. 1453. Recovery of amounts erroneously paid
``(a) Recovery.--In addition to any other method of
recovery provided by law, the Secretary concerned may
authorize the recovery of any amount erroneously paid to a
person under this subchapter by deduction from later payments
to that person.
``(b) Authority To Waive Recovery.--Recovery of an amount
erroneously paid to a person under this subchapter is not
required if, in the judgment of the Secretary concerned and
the Comptroller General--
``(1) there has been no fault by the person to whom the
amount was erroneously paid; and
``(2) recovery of such amount would be contrary to the
purposes of this subchapter or against equity and good
conscience.
``Sec. 1454. Correction of administrative errors
``(a) Authority.--The Secretary concerned may, under
regulations prescribed under section 1455 of this title,
correct or revoke any election under this subchapter when the
Sec
[[Page 1957]]
retary considers it necessary to correct an administrative
error.
``(b) Finality.--Except when procured by fraud, a
correction or revocation under this section is final and
conclusive on all officers of the United States.
``Sec. 1455. Regulations
``(a) In General.--The President shall prescribe
regulations to carry out this subchapter. Those regulations
shall, so far as practicable, be uniform for the uniformed
services.
``(b) Notice of Elections.--Regulations prescribed under
this section shall provide that before the date on which a
member becomes entitled to retired pay--
``(1) if the member is married, the member and the member's
spouse shall be informed of the elections available under
section 1448(a) of this title and the effects of such
elections; and
``(2) if the notification referred to in section
1448(a)(3)(E) of this title is required, any former spouse of
the member shall be informed of the elections available and
the effects of such elections.
``(c) Procedure for Depositing Certain Receipts.--
Regulations prescribed under this section shall establish
procedures for depositing the amounts referred to in sections
1448(g), 1450(k)(2), and 1452(d) of this title.
``(d) Payments to Guardians and Fiduciaries.--
``(1) In general.--Regulations prescribed under this
section shall provide procedures for the payment of an
annuity under this subchapter in the case of--
``(A) a person for whom a guardian or other fiduciary has
been appointed; and
``(B) a minor, mentally incompetent, or otherwise legally
disabled person for whom a guardian or other fiduciary has
not been appointed.
``(2) Authorized procedures.--The regulations under
paragraph (1) may include provisions for the following:
``(A) In the case of an annuitant referred to in paragraph
(1)(A), payment of the annuity to the appointed guardian or
other fiduciary.
``(B) In the case of an annuitant referred to in paragraph
(1)(B), payment of the annuity to any person who, in the
judgment of the Secretary concerned, is responsible for the
care of the annuitant.
``(C) Subject to subparagraphs (D) and (E), a requirement
for the payee of an annuity to spend or invest the amounts
paid on behalf of the annuitant solely for benefit of the
annuitant.
``(D) Authority for the Secretary concerned to permit the
payee to withhold from the annuity payment such amount, not
in excess of 4 percent of the annuity, as the Secretary
concerned considers a reasonable fee for the fiduciary
services of the payee when a court appointment order provides
for payment of such a fee to the payee for such services or
the Secretary concerned determines that payment of a fee to
such payee is necessary in order to obtain the fiduciary
services of the payee.
``(E) Authority for the Secretary concerned to require the
payee to provide a surety bond in an amount sufficient to
protect the interests of the annuitant and to pay for such
bond out of the annuity.
``(F) A requirement for the payee of an annuity to maintain
and, upon request, to provide to the Secretary concerned an
accounting of expenditures and investments of amounts paid to
the payee.
``(G) In the case of an annuitant referred to in paragraph
(1)(B)--
``(i) procedures for determining incompetency and for
selecting a payee to represent the annuitant for the purposes
of this section, including provisions for notifying the
annuitant of the actions being taken to make such a
determination and to select a representative payee, an
opportunity for the annuitant to review the evidence being
considered, and an opportunity for the annuitant to submit
additional evidence before the determination is made; and
``(ii) standards for determining incompetency, including
standards for determining the sufficiency of medical evidence
and other evidence.
``(H) Provisions for any other matter that the President
considers appropriate in connection with the payment of an
annuity in the case of a person referred to in paragraph (1).
``(3) Legal effect of payment to guardian or fiduciary.--An
annuity paid to a person on behalf of an annuitant in
accordance with the regulations prescribed pursuant to
paragraph (1) discharges the obligation of the United States
for payment to the annuitant of the amount of the annuity so
paid.''.
SEC. 635. INCREASES IN SURVIVOR BENEFIT PLAN CONTRIBUTIONS TO
BE EFFECTIVE CONCURRENTLY WITH PAYMENT OF
RETIRED PAY COST-OF-LIVING INCREASES.
(a) Survivor Benefit Plan.--Section 1452(h) of title 10,
United States Code, as amended by section 634, is amended by
adding at the end the following new paragraph:
``(2) Coordination when payment of increase in retired pay
is delayed by law.--
``(A) In general.--Notwithstanding paragraph (1), when the
initial payment of an increase in retired pay under section
1401a of this title (or any other provision of law) to a
person is for a month that begins later than the effective
date of that increase by reason of the application of
subsection (b)(2)(B) of such section (or section 631(b) of
Public Law 104-106 (110 Stat. 364)), then the amount of the
reduction in the person's retired pay shall be effective on
the date of that initial payment of the increase in retired
pay rather than the effective date of the increase in retired
pay.
``(B) Delay not to affect computation of annuity.--
Subparagraph (A) may not be construed as delaying, for
purposes of determining the amount of a monthly annuity under
section 1451 of this title, the effective date of an increase
in a base amount under subsection (h) of such section from
the effective date of an increase in retired pay under
section 1401a of this title to the date on which the initial
payment of that increase in retired pay is made in accordance
with subsection (b)(2)(B) of such section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to retired pay payable for months
beginning on or after the date of the enactment of this Act.
SEC. 636. AMENDMENTS TO THE UNIFORMED SERVICES FORMER
SPOUSES' PROTECTION ACT.
(a) Manner of Service of Process.--Subsection (b)(1)(A) of
section 1408 of title 10, United States Code, is amended by
striking out ``certified or registered mail, return receipt
requested'' and inserting in lieu thereof ``facsimile or
electronic transmission or by mail''.
(b) Subsequent Court Order From Another State.--Subsection
(d) of such section is amended by adding at the end the
following new paragraph:
``(6)(A) The Secretary concerned may not accept service of
a court order that is an out-of State modification, or comply
with the provisions of such a court order, unless the court
issuing that order has jurisdiction in the manner specified
in subsection (c)(4) over both the member and the spouse or
former spouse involved.
``(B) A court order shall be considered to be an out-of-
State modification for purposes of this paragraph if the
order--
``(i) modifies a previous court order under this section
upon which payments under this subsection are based; and
``(ii) is issued by a court of a State other than the State
of the court that issued the previous court order.''.
SEC. 637. PREVENTION OF CIRCUMVENTION OF COURT ORDER BY
WAIVER OF RETIRED PAY TO ENHANCE CIVIL SERVICE
RETIREMENT ANNUITY.
(a) Civil Service Retirement and Disability System.--(1)
Subsection (c) of section 8332 of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) If, after January 1, 1997, an employee or Member
waives retired pay that is subject to a court order for which
there has been effective service on the Secretary concerned
for purposes of section 1408 of title 10, the military
service on which the retired pay is based may be credited as
service for purposes of this subchapter only if the employee
or Member authorizes the Director to deduct and withhold from
the annuity payable to the employee or Member under this
subchapter an amount equal to the amount that, if the annuity
payment was instead a payment of the employee's or Member's
retired pay, would have been deducted and withheld and paid
to the former spouse covered by the court order under such
section 1408. The amount deducted and withheld under this
paragraph shall be paid to that former spouse. The period of
civil service employment by the employee or Member shall not
be taken into consideration in determining the amount of the
deductions and withholding or the amount of the payment to
the former spouse. The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
paragraph.''.
(2) Paragraph (1) of such subsection is amended by striking
out ``Except as provided in paragraph (2)'' and inserting in
lieu thereof ``Except as provided in paragraphs (2) and
(4)''.
(b) Federal Employees' Retirement System.--(1) Subsection
(c) of section 8411 of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(5) If, after January 1, 1997, an employee or Member
waives retired pay that is subject to a court order for which
there has been effective service on the Secretary concerned
for purposes of section 1408 of title 10, the military
service on which the retired pay is based may be credited as
service for purposes of this chapter only if the employee or
Member authorizes the Director to deduct and withhold from
the annuity payable to the employee or Member under this
subchapter an amount equal to the amount that, if the annuity
payment was instead a payment of the employee's or Member's
retired pay, would have been deducted and withheld and paid
to the former spouse covered by the court order under such
section 1408. The amount deducted and withheld under this
paragraph shall be paid to that former spouse. The period of
civil service employment by the employee or Member shall not
be taken into consideration in determining the amount of the
deductions and withholding or the amount of the payment to
the former spouse. The Director of the Office of Personnel
Management shall prescribe regulations to carry out this
paragraph.''.
(2) Paragraph (1) of such subsection is amended by striking
``Except as provided in paragraph (2) or (3)'' and inserting
``Except as provided in paragraphs (2), (3), and (5)''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on January 1, 1997.
[[Page 1958]]
SEC. 638. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM
INCOME WIDOWS.
(a) Adjusted Annual Income Limitation Appliable to
Eligibility for Income Supplement.--(1) Section 4 of Public
Law 92-425 (10 U.S.C. 1448 note) is amended--
(A) in subsection (a)(3), by striking out ``$2,340'' and
inserting in lieu thereof ``the maximum annual rate of
pension in effect under section 1541(b) of title 38, United
States Code''; and
(B) in in the first sentence of subsection (b), by striking
out ``$2,340 a year'' and and inserting in lieu thereof ``the
maximum annual rate of pension in effect under section
1541(b) of title 38, United States Code''.
(2) Subsection (c) of such section is repealed.
(b) Payments To Be Made by Secretary of Veterans Affairs.--
Such section is further amended by adding at the end the
following new subsection:
``(e)(1) Payment of annuities under this section shall be
made by the Secretary of Veterans Affairs. If appropriate for
administrative convenience (or otherwise determined
appropriate by the Secretary of Veterans Affairs), that
Secretary may combine a payment to any person for any month
under this section with any other payment for that month
under laws administered by the Secretary so as to provide
that person with a single payment for that month.
``(2) The Secretary concerned shall annually transfer to
the Secretary of Veterans Affairs such amounts as may be
necessary for payments by the Secretary of Veterans Affairs
under this section and for costs of the Secretary of Veterans
Affairs in administering this section. Such transfers shall
be made from amounts that would otherwise be used for payment
of annuities by the Secretary concerned under this section.
The authority to make such a transfer is in addition to any
other authority of the Secretary concerned to transfer funds
for a purpose other than the purpose for which the funds were
originally made available. In the case of a transfer by the
Secretary of a military department, the provisions of section
2215 of title 10, United States Code, do not apply.
``(3) The Secretary concerned shall promptly notify the
Secretary of Veterans Affairs of any change in beneficiaries
under this section.''.
(c) Clarification of Continuing Eligiblity for Department
of Veterans Affairs Pension.--Such section, as amended by
subsection (a)(2), is further amended by inserting after
subsection (b) the following new subsection (c):
``(c) The amount of an annuity payable under this section,
although counted as income in determining the amount of any
pension described in subsection (a)(2) of this section, shall
not be considered to affect the eligiblity of the recipient
of such annuity for such pension, even though, as a result of
including the amount of the annuity as income, no amount of
such pension is due.''.
(d) Effective Date.--The amendments made by this section
take effect on July 1, 1997, and apply with respect to
payments of benefits for any month after June 1997.
Subtitle E--Other Matters
SEC. 651. DISCRETIONARY ALLOTMENT OF PAY, INCLUDING RETIRED
OR RETAINER PAY.
(a) Allotments Authorized.--Section 701 of title 37, United
States Code, is amended by striking out subsection (d) and
inserting in lieu thereof the following new subsections:
``(d) Under regulations prescribed by the Secretary of
Defense, a member of the Army, Navy, Air Force, or Marine
Corps and a contract surgeon of the Army, Navy, or Air Force
may make allotments from the pay of the member or surgeon for
the purpose of supporting relatives or for any other purpose
that the Secretary considers proper. Such allotments may
include a maximum of six allotments considered to be
discretionary under such regulations. For a member or former
member entitled to retired or retainer pay, a maximum of six
discretionary allotments authorized during active military
service may be continued into retired status, and new
discretionary allotments may be authorized so long as the
total number of discretionary allotments does not exceed six.
``(e) If an allotment made under subsection (d) is paid to
the allottee before the disbursing officer receives a notice
of discontinuance from the officer required by regulation to
furnish the notice, the amount of the allotment shall be
credited to the disbursing officer. If an allotment is
erroneously paid because the officer required by regulation
to so report failed to report the death of the allotter or
any other fact that makes the allotment not payable, the
amount of the payment not recovered from the allottee shall,
if practicable, be collected by the Secretary concerned from
the officer who failed to make the report.''.
(b) Issuance of Regulations.--The Secretaries of the
military departments shall prescribe regulations under
subsection (d) of section 701 of title 37, United States
Code, as added by subsection (a), not later than October 1,
1997.
SEC. 652. REIMBURSEMENT FOR ADOPTION EXPENSES INCURRED IN
ADOPTIONS THROUGH PRIVATE PLACEMENTS.
(a) Department of Defense.--Section 1052(g) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking out ``State or local
government'' and all that follows through the period at the
end of the first sentence and inserting in lieu thereof
``qualified adoption agency.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualified adoption agency' means any of the
following:
``(A) A State or local government agency which has
responsibility under State or local law for child placement
through adoption.
``(B) A nonprofit, voluntary adoption agency which is
authorized by State or local law to place children for
adoption.
``(C) Any other source authorized by a State to provide
adoption placement if the adoption is supervised by a court
under State or local law.''.
(b) Coast Guard.--Section 514(g) of title 14, United States
Code, is amended--
(1) in paragraph (1), by striking out ``State or local
government'' and all that follows through the period at the
end of the first sentence and inserting in lieu thereof
``qualified adoption agency.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualified adoption agency' means any of the
following:
``(A) A State or local government agency which has
responsibility under State or local law for child placement
through adoption.
``(B) A nonprofit, voluntary adoption agency which is
authorized by State or local law to place children for
adoption.
``(C) Any other source authorized by a State to provide
adoption placement if the adoption is supervised by a court
under State or local law.''.
SEC. 653. WAIVER OF RECOUPMENT OF AMOUNTS WITHHELD FOR TAX
PURPOSES FROM CERTAIN SEPARATION PAY.
(a) In General.--Section 1174(h)(2) of title 10, United
States Code, is amended by inserting before the period at the
end of the first sentence the following: ``, less the amount
of Federal income tax withheld from such pay (such
withholding being at the flat withholding rate for Federal
income tax withholding, as in effect pursuant to regulations
prescribed under chapter 24 of the Internal Revenue Code of
1986)''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 1996, and shall apply to
payments of separation pay, severance pay, or readjustment
pay that are made after September 30, 1996.
SEC. 654. TECHNICAL CORRECTION CLARIFYING LIMITATION ON
FURNISHING CLOTHING OR ALLOWANCES FOR ENLISTED
NATIONAL GUARD TECHNICIANS.
Section 418(c) of title 37, United States Code, is amended
by striking out ``for which a uniform allowance is paid under
section 415 or 416 of this title'' and inserting in lieu
thereof ``for which clothing is furnished or a uniform
allowance is paid under this section''.
SEC. 655. TECHNICAL CORRECTION TO PRIOR AUTHORITY FOR PAYMENT
OF BACK PAY TO CERTAIN PERSONS.
Section 634 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 366) is
amended--
(1) in subsection (b)(1), by striking out ``Island of
Bataan'' and inserting in lieu thereof ``peninsula of Bataan
or island of Corregidor''; and
(2) in subsection (c), by inserting after the first
sentence the following: ``For the purposes of this
subsection, the Secretary of War shall be deemed to have
determined that conditions in the Philippines during the
specified period justified payment under applicable
regulations of quarters and subsistence allowances at the
maximum special rate for duty where emergency conditions
existed.''.
SEC. 656. COMPENSATION FOR PERSONS AWARDED PRISONER OF WAR
MEDAL WHO DID NOT PREVIOUSLY RECEIVE
COMPENSATION AS A PRISONER OF WAR.
(a) Authority To Make Payments.--The Secretary of the
military department concerned shall make payments in the
manner provided in section 6 of the War Claims Act of 1948
(50 U.S.C. App. 2005) to (or on behalf of) any person
described in subsection (b) who submits an application for
such payment in accordance with subsection (d).
(b) Eligible Persons.--This section applies with respect to
a member or former member of the Armed Forces who--
(1) has received the prisoner of war medal under section
1128 of title 10, United States Code; and
(2) has not previously received a payment under section 6
of the War Claims Act of 1948 (50 U.S.C. App. 2005) with
respect to the period of internment for which the person
received the prisoner of war medal.
(c) Amount of Payment.--The amount of the payment to any
person under this section shall be determined based upon the
provisions of section 6 of the War Claims Act of 1948 that
are applicable with respect to the period of time during
which the internment occurred for which the person received
the prisoner of war medal.
(d) One-Year Period for Submission of Applications.--A
payment may be made by reason of this section only in the
case of a person who submits an application to the Secretary
concerned for such payment during the one-year period
beginning on the date of the enactment of this Act. Any such
application shall be submitted in such form and manner as the
Secretary may require.
SEC. 657. PAYMENTS TO CERTAIN PERSONS CAPTURED AND INTERNED
BY NORTH VIETNAM.
(a) Payment Authorized to Eligible Persons.--(1) Using
amounts made available under subsection (g), the Secretary of
Defense shall make a payment under this sec
[[Page 1959]]
tion to a person who demonstrates to the satisfaction of the
Secretary of Defense that the person was captured and
incarcerated by the Democratic Republic of Vietnam as a
result of the participation by the person in operations
conducted under OPLAN 34A or its predecessor.
(2) Using amounts made available under subsection (g), the
Secretary of Defense shall also make a payment under this
section to a person who demonstrates to the satisfaction of
the Secretary of Defense that the person--
(A) served as a Vietnamese operative pursuant to OPLAN 35;
(B) was captured and incarcerated by North Vietnamese
forces as a result of the participation by the person in
operations in Laos or along the Lao-Vietnamese border
pursuant to OPLAN 35;
(C) remained in captivity after 1973 (or died in
captivity); and
(D) has not previously received payment from the United
States for the period spent in captivity.
(3) A payment may not be made under this section to, or
with respect to, a person who the Secretary of Defense
determines, based on the available evidence, served in the
Peoples Army of Vietnam or provided active assistance to the
Government of the Democratic Republic of Vietnam during the
period from 1958 through 1975.
(b) Effect of Death of Eligible Person.--In the case of a
decedent who would have been eligible for a payment under
this section if alive, the documentation required under
subsection (a) may be provided by survivors of the decedent,
and the payment under this section shall be made to survivors
of the decedent in the following order:
(1) To the surviving spouse.
(2) If there is no surviving spouse, to the surviving
children (including natural children and adopted children) of
the decedent, in equal shares.
(c) Amount Payable.--The amount payable to, or with respect
to, a person under this section is $40,000. If a person can
demonstrate to the Secretary of Defense that confinement or
incarceration exceeded 20 years, the Secretary may pay an
additional $2,000 for each full year in excess of 20 (and a
proportionate amount for a partial year), but the total
amount paid to, or with respect to, a person under this
section may not exceed $50,000.
(d) Time Limitations.--(1) To be eligible for a payment
under this section, a claimant must file a claim for such
payment with the Secretary of Defense within 18 months of the
effective date of the regulations implementing this section.
(2) Not later than 18 months after receiving a claim for
payment under this section, the Secretary shall determine the
eligibility of the claimant for payment of the claim. Subject
to subsection (f), if the Secretary determines that the
claimant is eligible for the payment, the Secretary shall
promptly pay the claim.
(e) Regulations.--(1) The Secretary of Defense shall
prescribe regulations to carry out this section. Such
regulations shall include procedures by which persons may
submit claims for payment under this section. Such
regulations shall be prescribed not later than six months
after the date of the enactment of this Act.
(2) The Secretary of Defense may establish guidelines
regarding what constitutes adequate documentation for
determining whether a person satisfies the requirements
specified in subsection (a) regarding eligibility for a
payment under this section. Such guidelines shall be
established in consultation with the heads of other agencies
of the Government involved with OPLAN 34A or its predecessor
or OPLAN 35.
(f) Limitation on Disbursement.--(1) The actual
disbursement of a payment under this section may be made only
to the person who is eligible for the payment under
subsection (a) or (b) and only--
(A) upon the appearance of that person, in person, at any
designated disbursement office in the United States or its
territories; or
(B) at such other location or in such other manner as that
person may request in writing.
(2) In the case of a claim approved for payment but not
disbursed as a result of operation of paragraph (1), the
Secretary of Defense shall hold the funds in trust for the
person in an interest bearing account until such time as the
person makes an election under such paragraph.
(g) Funding.--To the extent provided in advance for this
section in appropriations Acts, of amounts authorized to be
appropriated under section 301(24) for this purpose,
$20,000,000 shall be available until expended for payments
under this section.
(h) Payment in Full Satisfaction of Claims Against the
United States.--The acceptance of payment by, or with respect
to, a person under this section shall be in full satisfaction
of all claims by or on behalf of that individual against the
United States arising from operations under OPLAN 34A or its
predecessor or OPLAN 35.
(i) Attorney Fees.--Notwithstanding any contract, the
representative of a person may not receive, for services
rendered in connection with the claim of, or with respect to,
a person under this section, more than 10 percent of a
payment made under this section on that claim.
(j) No Right to Judicial Review.--All determinations by the
Secretary of Defense pursuant to this section are final and
conclusive, notwithstanding any other provision of law.
Claimants under this section have no right to judicial
review, and such review is specifically precluded.
(k) Reports to Congress.--(1) Not later than 24 months
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the payment of
claims under this section.
(2) After the submission of the report under paragraph (1),
the Secretary shall periodically submit to Congress a report
on the status of payment of claims under this section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Preventive health care screening for colon and prostate
cancer.
Sec. 702. Implementation of requirement for Selected Reserve dental
insurance plan.
Sec. 703. Dental insurance plan for military retirees and unremarried
surviving spouses and certain other dependents of
military retirees.
Sec. 704. Plan for health care coverage for children with medical
conditions caused by parental exposure to chemical
munitions while serving as members of the Armed Forces.
Subtitle B--TRICARE Program
Sec. 711. CHAMPUS payment limits for TRICARE prime enrollees.
Sec. 712. Improved information exchange between military treatment
facilities and TRICARE program contractors.
Sec. 713. Plans for medicare subvention demonstration programs.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Definitions.
Sec. 722. Inclusion of designated providers in uniformed services
health care delivery system.
Sec. 723. Provision of uniform benefit by designated providers.
Sec. 724. Enrollment of covered beneficiaries.
Sec. 725. Application of CHAMPUS payment rules.
Sec. 726. Payments for services.
Sec. 727. Repeal of superseded authorities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Authority to waive CHAMPUS exclusion regarding nonmedically
necessary treatment in connection with certain clinical
trials.
Sec. 732. Exception to maximum allowable payments to individual health-
care providers under CHAMPUS.
Sec. 733. Codification of annual authority to credit CHAMPUS refunds to
current year appropriation.
Sec. 734. Exceptions to requirements regarding obtaining
nonavailability-of-health-care statements.
Sec. 735. Enhancement of third-party collection and secondary payer
authorities under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. Alternatives to active duty service obligation under Armed
Forces Health Professions Scholarship and Financial
Assistance program and Uniformed Services University of
the Health Sciences.
Sec. 742. External peer review for defense health program extramural
medical research involving human subjects.
Sec. 743. Independent research regarding Gulf War syndrome.
Sec. 744. Comptroller General review of health care activities of
Department of Defense relating to Gulf War illnesses.
Sec. 745. Report regarding specialized treatment facility program.
Sec. 746. Study of means of ensuring uniformity in provision of medical
and dental care for members of reserve components.
Sec. 747. Sense of Congress regarding tax treatment of Armed Forces
Health Professions Scholarship and Financial Assistance
program.
Subtitle A--Health Care Services
SEC. 701. SPREVENTIVE HEALTH CARE SCREENING FOR COLON AND
PROSTATE CANCER.
(a) Members and Former Members.--(1) Section 1074d of title
10, United States Code, is amended--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Female''; and
(ii) by adding at the end the following new paragraph:
``(2) Male members and former members of the uniformed
services entitled to medical care under section 1074 or 1074a
of this title shall also be entitled to preventive health
care screening for colon or prostate cancer at such intervals
and using such screening methods as the administering
Secretaries consider appropriate.''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(8) Colon cancer screening, at the intervals and using
the screening methods prescribed under subsection (a)(2).''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 1074d. Certain primary and preventive health care
services
(B) The item relating to such section in the table of
sections at the beginning of chapter 55 of such title is
amended to read as follows:
[[Page 1960]]
``1074d. Certain primary and preventive health care services.''.
(b) Dependents.--(1) Section 1077(a) of such title is
amended by adding at the end the following new paragraph:
``(14) Preventive health care screening for colon or
prostate cancer, at the intervals and using the screening
methods prescribed under section 1074d(a)(2) of this
title.''.
(2) Section 1079(a)(2) of such title is amended--
(A) in the matter preceding subparagraph (A), by inserting
``the schedule and method of colon and prostate cancer
screenings,'' after ``pap smears and mammograms,''; and
(B) in subparagraph (B), by inserting ``or colon and
prostate cancer screenings'' after ``pap smears and
mammograms''.
SEC. 702. IMPLEMENTATION OF REQUIREMENT FOR SELECTED RESERVE
DENTAL INSURANCE PLAN.
(a) Implementation by Contract.--Subsection (a) of section
1076b of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a) Authority To Establish
Plan.--'';
(2) by designating the third sentence as paragraph (3); and
(3) by inserting after paragraph (1), as designated by
paragraph (1) of this subsection, the following new
paragraph:
``(2) The Secretary shall provide benefits under the plan
through one or more contracts awarded after full and open
competition.''.
(b) Collection of Premiums of Members Not Receiving Basic
Pay.--Subsection (b)(3) of such section is amended by adding
at the end the following: ``In the case of a member who does
not receive basic pay, the Secretary of Defense shall
establish procedures for the collection of the member's share
of the premium for coverage.''.
(c) Schedule for Implementation.--Section 705(b) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 373; 10 U.S.C. 1076b note) is
amended--
(1) in the first sentence, by striking out ``October 1,
1996'' and inserting in lieu thereof ``October 1, 1997''; and
(2) by striking out ``fiscal year 1996'' both places it
appears and inserting in lieu thereof ``fiscal years 1996 and
1997''.
SEC. 703. DENTAL INSURANCE PLAN FOR MILITARY RETIREES AND
UNREMARRIED SURVIVING SPOUSES AND CERTAIN OTHER
DEPENDENTS OF MILITARY RETIREES.
(a) Establishment of Dental Plan.--(1) Chapter 55 of title
10, United States Code, is amended by inserting after section
1076b the following new section:
``Sec. 1076c. Dental insurance plan: certain retirees and
their surviving spouses and other dependents
``(a) Requirement for Plan.--The Secretary of Defense shall
establish a dental insurance plan for military retirees,
certain unremarried surviving spouses, and dependents in
accordance with this section.
``(b) Persons Eligible for Plan.--The following persons are
eligible to enroll in the dental insurance plan established
under subsection (a):
``(1) Members of the armed forces who are entitled to
retired pay.
``(2) Members of the Retired Reserve who would be entitled
to retired pay under chapter 1223 of this title but for being
under 60 years of age.
``(3) Eligible dependents of a member described in
paragraph (1) or (2) who are covered by the enrollment of the
member in the plan.
``(4) The unremarried surviving spouse and eligible child
dependents of a deceased member--
``(A) who dies while in a status described in paragraph (1)
or (2); or
``(B) who is described in section 1448(d)(1) of this title.
``(c) Premiums.--(1) A member enrolled in the dental
insurance plan established under subsection (a) shall pay the
premiums charged for the insurance coverage.
``(2) The amount of the premiums payable by a member
entitled to retired pay shall be deducted and withheld from
the retired pay and shall be disbursed to pay the premiums.
The regulations prescribed under subsection (h) shall specify
the procedures for payment of the premiums by other enrolled
members and by enrolled surviving spouses.
``(d) Benefits Available Under the Plan.--The dental
insurance plan established under subsection (a) shall provide
benefits for basic dental care and treatment, including
diagnostic services, preventative services, basic restorative
services (including endodontics), surgical services, and
emergency services.
``(e) Coverage.--(1) The Secretary shall prescribe a
minimum required period for enrollment by a member or
surviving spouse in the dental insurance plan established
under subsection (a).
``(2) The dental insurance plan shall provide for voluntary
enrollment of participants and shall authorize a member or
eligible unremarried surviving spouse to enroll for self only
or for self and eligible dependents.
``(f) Termination of Enrollment.--The Secretary shall
terminate the enrollment of any enrollee, and any eligible
dependents of the enrollee covered by the enrollment, in the
dental insurance plan established under subsection (a) upon
the occurrence of the following:
``(1) In the case of an enrollment under subsection (b)(1),
termination of the member's entitlement to retired pay.
``(2) In the case of an enrollment under subsection (b)(2),
termination of the member's status as a member of the Retired
Reserve.
``(3) In the case of an enrollment under subsection (b)(4),
remarriage of the surviving spouse.
``(g) Continuation of Dependents' Enrollment Upon Death of
Enrollee.--Coverage of a dependent in the dental insurance
plan established under subsection (a) under an enrollment of
a member or a surviving spouse who dies during the period of
enrollment shall continue until the end of that period and
may be renewed by (or for) the dependent, so long as the
premium paid is sufficient to cover continuation of the
dependent's enrollment. The Secretary may terminate coverage
of the dependent when the premiums paid are no longer
sufficient to cover continuation of the enrollment. The
Secretary shall prescribe in regulations under subsection (h)
the parties responsible for paying the remaining premiums due
on the enrollment and the manner for collection of the
premiums.
``(h) Regulations.--The dental insurance plan established
under subsection (a) shall be administered under regulations
prescribed by the Secretary of Defense, in consultation with
the Secretary of Transportation.
``(i) Definitions.--In this section:
``(1) The term `eligible dependent' means a dependent
described in subparagraph (A), (D), or (I) of section 1072(2)
of this title.
``(2) The term `eligible child dependent' means a dependent
described in subparagraph (D) or (I) of section 1072(2) of
this title.
``(3) The term `retired pay' includes retainer pay.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1076b the following new item:
``1076c. Dental insurance plan: certain retirees and their surviving
spouses and other dependents.''.
(b) Implementation.--Beginning not later than October 1,
1997, the Secretary of Defense shall--
(1) offer members of the Armed Forces and other persons
described in subsection (b) of section 1076c of title 10,
United States Code (as added by subsection (a)(1) of this
section), the opportunity to enroll in the dental insurance
plan required under that section; and
(2) begin to provide benefits under the plan.
SEC. 704. PLAN FOR HEALTH CARE COVERAGE FOR CHILDREN WITH
MEDICAL CONDITIONS CAUSED BY PARENTAL EXPOSURE
TO CHEMICAL MUNITIONS WHILE SERVING AS MEMBERS
OF THE ARMED FORCES.
(a) Plan Required.--The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
develop a plan for ensuring the provision of medical care to
any natural child of a member of the Armed Forces (including
former members and members discharged or otherwise separated
from active duty) who has a congenital defect or catastrophic
illness, proven to a reasonable degree of scientific
certainty on the basis of scientific research to have
resulted from exposure of the member to a chemical warfare
agent or other hazardous material to which the member was
exposed during active military service.
(b) Submission to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit the plan developed under subsection (a)
to Congress.
(c) Definitions of Congenital Defect and Catastrophic
Illness.--The Secretary of Defense shall prescribe in
regulations a definition of the terms ``congenital defect''
and ``catastrophic illness'' for the purposes of this
section.
Subtitle B--TRICARE Program
SEC. 711. CHAMPUS PAYMENT LIMITS FOR TRICARE PRIME ENROLLEES.
Section 1079(h)(4) of title 10, United States Code, is
amended in the second sentence by striking out ``emergency''.
SEC. 712. IMPROVED INFORMATION EXCHANGE BETWEEN MILITARY
TREATMENT FACILITIES AND TRICARE PROGRAM
CONTRACTORS.
(a) Uniform Interfaces.--The Secretary of Defense shall
ensure that the automated medical information system being
developed by the Department of Defense (known as the
Composite Health Care System) provides for uniform interfaces
between information systems of military treatment facilities
and private contractors under managed care programs of the
TRICARE program. The uniform interface shall provide for a
full electronic two-way exchange of health care information
between the military treatment facilities and contractor
information systems, including enrollment information,
information regarding eligibility determinations, provider
network information, appointment information, and information
regarding the existence of third-party payers.
(b) Amendment of Existing Contracts.--To assure a single
consistent source of information throughout the health care
delivery system of the uniformed services, the Secretary of
Defense shall amend each TRICARE program contract, with the
consent of the TRICARE program contractor and notwithstanding
any requirement for competition, to require the contractor--
(1) to use software furnished under the Composite Health
Care System to record military treatment facility provider
appointments; and
(2) to record TRICARE program enrollment through direct use
of the Composite Health
[[Page 1961]]
Care System software or through the uniform two-way interface
between the contractor and military treatment facilities
systems, where applicable.
(c) Definition of TRICARE Program.--For purposes of this
section, the term ``TRICARE program'' means the managed
health care program that is established by the Secretary of
Defense under the authority of chapter 55 of title 10, United
States Code, principally section 1097 of such title, and
includes the competitive selection of contractors to
financially underwrite the delivery of health care services
under the Civilian Health and Medical Program of the
Uniformed Services.
SEC. 713. PLANS FOR MEDICARE SUBVENTION DEMONSTRATION
PROGRAMS.
(a) Program for Enrollment in TRICARE Managed Care
Option.--Not later than September 6, 1996, the Secretary of
Defense and the Secretary of Health and Human Services shall
jointly submit to Congress and the President a report
containing a specific plan (including the recommendations of
the Secretaries required under subsection (b)) regarding the
establishment of a demonstration program under which--
(1) covered beneficiaries under chapter 55 of title 10,
United States Code, who are also entitled to benefits under
part A of the medicare program are permitted to enroll in the
managed care option of the TRICARE program; and
(2) the Secretary of Health and Human Services reimburses
the Secretary of Defense from the medicare program on a
capitated basis for the costs of providing health care
services to military retirees who enroll.
(b) Specific Elements of Report.--The report shall include
the following:
(1) The number of covered beneficiaries described in
subsection (a) who are projected to participate in the
demonstration program and the minimum number of such
participants necessary to conduct the demonstration program
effectively.
(2) A plan for notifying such covered beneficiaries of
their eligibility for enrollment in the demonstration program
and for any other matters connected with enrollment.
(3) A recommendation for the duration of the demonstration
program.
(4) A recommendation for the geographic regions in which
the demonstration program should be conducted.
(5) The appropriate level of capitated reimbursement, and a
schedule for such reimbursement, from the medicare program to
the Department of Defense for health care services provided
enrollees in the demonstration program.
(6) An estimate of the amounts that, in the absence of the
demonstration program, would be required to be allocated by
the Department of Defense for the provision of health care
services to covered beneficiaries described in subsection (a)
who reside in the regions in which the demonstration program
is proposed to be conducted.
(7) An assessment of revisions to the allocation estimated
under paragraph (6) that would result from the conduct of the
demonstration program in such regions.
(8) An estimate of the cost to the Department of Defense
and to the medicare program of providing health care services
to covered beneficiaries described in subsection (a) who
enroll in the demonstration program.
(9) An assessment of the likelihood of cost shifting among
the Department of Defense and the medicare program under the
demonstration program.
(10) A proposal for mechanisms for reconciling and
reimbursing any improper payments among the Department of
Defense and the medicare program under the demonstration
program.
(11) A methodology for evaluating the demonstration
program, including cost analyses.
(12) As assessment of the extent to which the TRICARE
program is prepared to meet requirements of the medicare
program for purposes of the demonstration program and the
provisions of law or regulation that would have to be waived
in order to facilitate the carrying out of the demonstration
program.
(13) An assessment of the impact of the demonstration
program on military readiness.
(14) Contingency plans for the provision of health care
services under the demonstration program in the event of the
mobilization of health care personnel.
(15) A recommendation of the reports that the Department of
Defense and the Department of Health and Human Services
should submit to Congress describing the conduct of the
demonstration program.
(c) Program for Enrollment in TRICARE Fee-For-Service
Option.--Not later than January 3, 1997, the Secretary of
Defense and the Secretary of Health and Human Services shall
jointly submit to Congress and the President a report on the
feasibility and advisability of expanding the demonstration
program referred to in subsection (a) so as to provide the
Department of Defense with reimbursement from the medicare
program on a fee-for-service basis for health care services
provided covered beneficiaries described in subsection (a)
who enroll in the demonstration program. The report shall
include a proposal for the expansion of the program if the
expansion is determined to be advisable.
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. DEFINITIONS.
In this subtitle:
(1) The term ``administering Secretaries'' means the
Secretary of Defense, the Secretary of Transportation, and
the Secretary of Health and Human Services.
(2) The term ``agreement'' means the agreement required
under section 722(b) between the Secretary of Defense and a
designated provider.
(3) The term ``capitation payment'' means an actuarially
sound payment for a defined set of health care services that
is established on a per enrollee per month basis.
(4) The term ``covered beneficiary'' means a beneficiary
under chapter 55 of title 10, United States Code, other than
a beneficiary under section 1074(a) of such title.
(5) The term ``designated provider'' means a public or
nonprofit private entity that was a transferee of a Public
Health Service hospital or other station under section 987 of
the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-
35; 42 U.S.C. 248b) and that, before the date of the
enactment of this Act, was deemed to be a facility of the
uniformed services for the purposes of chapter 55 of title
10, United States Code. The term includes any legal successor
in interest of the transferee.
(6) The term ``enrollee'' means a covered beneficiary who
enrolls with a designated provider.
(7) The term ``health care services'' means the health care
services provided under the health plan known as the
``TRICARE PRIME'' option under the TRICARE program.
(8) The term ``Secretary'' means the Secretary of Defense.
(9) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes
the competitive selection of contractors to financially
underwrite the delivery of health care services under the
Civilian Health and Medical Program of the Uniformed
Services.
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED
SERVICES HEALTH CARE DELIVERY SYSTEM.
(a) Inclusion in System.--The health care delivery system
of the uniformed services shall include the designated
providers.
(b) Agreements to Provide Managed Health Care Services.--
(1) After consultation with the other administering
Secretaries, the Secretary of Defense shall negotiate and
enter into an agreement with each designated provider under
which the designated provider will provide health care
services in or through managed care plans to covered
beneficiaries who enroll with the designated provider.
(2) The agreement shall be entered into on a sole source
basis. The Federal Acquisition Regulation, except for those
requirements regarding competition, issued pursuant to
section 25(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 421(c)) shall apply to the agreements as
acquisitions of commercial items.
(3) The implementation of an agreement is subject to
availability of funds for such purpose.
(c) Effective Date of Agreements.--(1) Unless an earlier
effective date is agreed upon by the Secretary and the
designated provider, the agreement shall take effect upon the
later of the following:
(A) The date on which a managed care support contract under
the TRICARE program is implemented in the service area of the
designated provider.
(B) October 1, 1997.
(2) Notwithstanding paragraph (1), the designated provider
whose service area includes Seattle, Washington, shall
implement its agreement as soon as the agreement permits.
(d) Temporary Continuation of Existing Participation
Agreements.--The Secretary shall extend the participation
agreement of a designated provider in effect immediately
before the date of the enactment of this Act under section
718(c) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 42 U.S.C. 248c) until the
agreement required by this section takes effect under
subsection (c).
(e) Service Area.--The Secretary may not reduce the size of
the service area of a designated provider below the size of
the service area in effect as of September 30, 1996.
(f) Compliance With Administrative Requirements.--(1)
Unless otherwise agreed upon by the Secretary and a
designated provider, the designated provider shall comply
with necessary and appropriate administrative requirements
established by the Secretary for other providers of health
care services and requirements established by the Secretary
of Health and Human Services for risk-sharing contractors
under section 1876 of the Social Security Act (42 U.S.C.
1395mm). The Secretary and the designated provider shall
determine and apply only such administrative requirements as
are minimally necessary and appropriate. A designated
provider shall not be required to comply with a law or
regulation of a State government requiring licensure as a
health insurer or health maintenance organization.
(2) A designated provider may not contract out more than
five percent of its primary care enrollment without the
approval of the Secretary, except in the case of primary care
contracts between a designated provider and a primary care
contractor in force on the date of the enactment of this Act.
SEC. 723. PROVISION OF UNIFORM BENEFIT BY DESIGNATED
PROVIDERS.
(a) Uniform Benefit Required.--A designated provider shall
offer to enrollees the health benefit option prescribed and
imple
[[Page 1962]]
mented by the Secretary under section 731 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 10 U.S.C. 1073 note), including accompanying cost-
sharing requirements.
(b) Time for Implementation of Benefit.--A designated
provider shall offer the health benefit option described in
subsection (a) to enrollees upon the later of the following:
(1) The date on which health care services within the
health care delivery system of the uniformed services are
rendered through the TRICARE program in the region in which
the designated provider operates.
(2) October 1, 1997.
(c) Adjustments.--The Secretary may establish a later date
under subsection (b)(2) or prescribe reduced cost-sharing
requirements for enrollees.
SEC. 724. ENROLLMENT OF COVERED BENEFICIARIES.
(a) Fiscal Year 1997 Limitation.--(1) During fiscal year
1997, the number of covered beneficiaries who are enrolled in
managed care plans offered by designated providers may not
exceed the number of such enrollees as of October 1, 1995.
(2) The Secretary may waive the limitation under paragraph
(1) if the Secretary determines that additional enrollment
authority for a designated provider is required to
accommodate covered beneficiaries who are dependents of
members of the uniformed services entitled to health care
under section 1074(a) of title 10, United States Code.
(b) Permanent Limitation.--For each fiscal year beginning
after September 30, 1997, the number of enrollees in managed
care plans offered by designated providers may not exceed 110
percent of the number of such enrollees as of the first day
of the immediately preceding fiscal year. The Secretary may
waive this limitation as provided in subsection (a)(2).
(c) Retention of Current Enrollees.--An enrollee in the
managed care plan of a designated provider as of September
30, 1997, or such earlier date as the designated provider and
the Secretary may agree upon, shall continue receiving
services from the designated provider pursuant to the
agreement entered into under section 722 unless the enrollee
disenrolls from the designated provider. Except as provided
in subsection (e), the administering Secretaries may not
disenroll such an enrollee unless the disenrollment is agreed
to by the Secretary and the designated provider.
(d) Additional Enrollment Authority.--Other covered
beneficiaries may also receive health care services from a
designated provider, except that the designated provider may
market such services to, and enroll, only those covered
beneficiaries who--
(1) do not have other primary health insurance coverage
(other than medicare coverage) covering basic primary care
and inpatient and outpatient services; or
(2) are enrolled in the direct care system under the
TRICARE program, regardless of whether the covered
beneficiaries were users of the health care delivery system
of the uniformed services in prior years.
(e) Special Rule for Medicare-Eligible Beneficiaries.--If a
covered beneficiary who desires to enroll in the managed care
program of a designated provider is also entitled to hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.), the covered
beneficiary shall elect whether to receive health care
services as an enrollee or under part A of title XVIII of the
Social Security Act. The Secretary may disenroll an enrollee
who subsequently violates the election made under this
subsection and receives benefits under part A of title XVIII
of the Social Security Act.
(f) Information Regarding Eligible Covered Beneficiaries.--
The Secretary shall provide, in a timely manner, a designated
provider with an accurate list of covered beneficiaries
within the marketing area of the designated provider to whom
the designated provider may offer enrollment.
SEC. 725. APPLICATION OF CHAMPUS PAYMENT RULES.
(a) Application of Payment Rules.--Subject to subsection
(b), the Secretary shall require a private facility or health
care provider that is a health care provider under the
Civilian Health and Medical Program of the Uniformed Services
to apply the payment rules described in section 1074(c) of
title 10, United States Code, in imposing charges for health
care that the private facility or provider provides to
enrollees of a designated provider.
(b) Authorized Adjustments.--The payment rules imposed
under subsection (a) shall be subject to such modifications
as the Secretary considers appropriate. The Secretary may
authorize a lower rate than the maximum rate that would
otherwise apply under subsection (a) if the lower rate is
agreed to by the designated provider and the private facility
or health care provider.
(c) Regulations.--The Secretary shall prescribe regulations
to implement this section after consultation with the other
administering Secretaries.
(d) Conforming Amendment.--Section 1074 of title 10, United
States Code, is amended by striking out subsection (d).
SEC. 726. PAYMENTS FOR SERVICES.
(a) Form of Payment.--Unless otherwise agreed to by the
Secretary and a designated provider, the form of payment for
health care services provided by a designated provider shall
be on a full risk capitation payment basis. The capitation
payments shall be negotiated and agreed upon by the Secretary
and the designated provider. In addition to such other
factors as the parties may agree to apply, the capitation
payments shall be based on the utilization experience of
enrollees and competitive market rates for equivalent health
care services for a comparable population to such enrollees
in the area in which the designated provider is located.
(b) Limitation on Total Payments.--Total capitation
payments for health care services to a designated provider
shall not exceed an amount equal to the cost that would have
been incurred by the Government if the enrollees had received
such health care services through a military treatment
facility, the TRICARE program, or the medicare program, as
the case may be.
(c) Establishment of Payment Rates on Annual Basis.--The
Secretary and a designated provider shall establish
capitation payments on an annual basis, subject to periodic
review for actuarial soundness and to adjustment for any
adverse or favorable selection reasonably anticipated to
result from the design of the program under this subtitle.
(d) Alternative Basis for Calculating Payments.--After
September 30, 1999, the Secretary and a designated provider
may mutually agree upon a new basis for calculating
capitation payments.
SEC. 727. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 911 of the Military Construction Authorization
Act, 1982 (42 U.S.C. 248c).
(2) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d).
(3) Section 718(c) of the National Defense Authorization
Act for Fiscal year 1991 (Public Law 101-510; 42 U.S.C. 248c
note).
(4) Section 726 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 248c
note).
(b) Effective Date.--The amendments made by paragraphs (1),
(2), and (3) of subsection (a) shall take effect on October
1, 1997.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. AUTHORITY TO WAIVE CHAMPUS EXCLUSION REGARDING
NONMEDICALLY NECESSARY TREATMENT IN CONNECTION
WITH CERTAIN CLINICAL TRIALS.
(a) Waiver Authority.--Paragraph (13) of section 1079(a) of
title 10, United States Code, is amended--
(1) by striking out ``any service'' and inserting in lieu
thereof ``Any service'';
(2) by striking out the semicolon at the end and inserting
in lieu thereof a period; and
(3) by adding at the end the following: ``Pursuant to an
agreement with the Secretary of Health and Human Services and
under such regulations as the Secretary of Defense may
prescribe, the Secretary of Defense may waive the operation
of this paragraph in connection with clinical trials
sponsored or approved by the National Institutes of Health if
the Secretary of Defense determines that such a waiver will
promote access by covered beneficiaries to promising new
treatments and contribute to the development of such
treatments.''.
(b) Clerical Amendments.--Such section is further amended--
(1) in the matter preceding paragraph (1), by striking out
``except that--'' and inserting in lieu thereof ``except as
follows:'';
(2) by capitalizing the first letter of the first word of
each of paragraphs (1) through (17);
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (12) and paragraphs (14) and (15) and
inserting in lieu thereof a period; and
(4) in paragraph (16), by striking out ``; and'' and
inserting in lieu thereof a period.
SEC. 732. EXCEPTION TO MAXIMUM ALLOWABLE PAYMENTS TO
INDIVIDUAL HEALTH-CARE PROVIDERS UNDER CHAMPUS.
Section 1079(h) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) In addition to the authority provided under paragraph
(4), the Secretary may authorize the commander of a facility
of the uniformed services, the lead agent (if other than the
commander), and the health care contractor to modify the
payment limitations under paragraph (1) for certain health
care providers when necessary to ensure both the availability
of certain services for covered beneficiaries and lower costs
than would otherwise be incurred to provide the services.''.
SEC. 733. CODIFICATION OF ANNUAL AUTHORITY TO CREDIT CHAMPUS
REFUNDS TO CURRENT YEAR APPROPRIATION.
(a) Credits to CHAMPUS Accounts.--(1) Chapter 55 of title
10, United States Code, is amended by inserting after section
1079 the following new section:
``Sec. 1079a. CHAMPUS: treatment of refunds and other amounts
collected
``All refunds and other amounts collected in the
administration of the Civilian Health and Medical Program of
the Uniformed Services shall be credited to the appropriation
available for that program for the fiscal year in which the
refund or amount is collected.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1079 the following new item:
[[Page 1963]]
``1079a. CHAMPUS: treatment of refunds and other amounts collected.''.
(b) Conforming Repeal.--Section 8094 of the Department of
Defense Appropriations Act, 1996 (Public Law 104-61; 109
Stat. 671), is repealed.
SEC. 734. EXCEPTIONS TO REQUIREMENTS REGARDING OBTAINING
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.
(a) Reference to Inpatient Medical Care.--(1) Section
1080(a) of title 10, United States Code, is amended by
inserting ``inpatient'' before ``medical care'' in the first
sentence.
(2) Section 1086(e) of such title is amended in the first
sentence by striking out ``benefits'' and inserting in lieu
thereof ``inpatient medical care''.
(b) Waivers and Exceptions to Requirements.--(1) Section
1080 of such title is amended by adding at the end the
following new subsection:
``(c) Waivers and Exceptions to Requirements.--(1) A
covered beneficiary enrolled in a managed care plan offered
pursuant to any contract or agreement under this chapter for
the provision of health care services shall not be required
to obtain a nonavailability-of-health-care statement as a
condition for the receipt of health care.
``(2) The Secretary of Defense may waive the requirement to
obtain nonavailability-of-health-care statements following an
evaluation of the effectiveness of such statements in
optimizing the use of facilities of the uniformed
services.''.
(2) Section 1086(e) of such title is amended in the last
sentence by striking out ``section 1080(b)'' and inserting in
lieu thereof ``subsections (b) and (c) of section 1080''.
(c) Conforming Amendments.--Section 1080(b) of such title
is amended--
(1) by striking out ``Nonavailability of Health Care
Statements'' and inserting in lieu thereof ``Nonavailability-
of-Health-Care Statements; and
(2) by striking out ``nonavailability of health care
statement'' and inserting in lieu thereof ``nonavailability-
of-health-care statement''.
SEC. 735. ENHANCEMENT OF THIRD-PARTY COLLECTION AND SECONDARY
PAYER AUTHORITIES UNDER CHAMPUS.
(a) Retention and Use by Treatment Facilities of Amounts
Collected.--Subsection (g)(1) of section 1095 of title 10,
United States Code, is amended by inserting ``or through''
after ``provided at''.
(b) Expansion of Definition of Third-Party Payer.--
Subsection (h) of such section is amended--
(1) in the first sentence of paragraph (1), by inserting
``and a workers' compensation program or plan'' before the
period; and
(2) in paragraph (2)--
(A) by striking out ``organization and'' and inserting in
lieu thereof a ``organization,''; and
(B) by inserting before the period at the end the
following: ``, and a personal injury protection plan or
medical payments benefit plan for personal injuries resulting
from the operation of a motor vehicle''.
(c) Applicability of Secondary Payer Requirement.--Section
1079(j)(1) of such title is amended by inserting after ``or
health plan'' the following: ``, including any plan offered
by a third-party payer (as defined in section 1095(h)(1) of
this title),''.
Subtitle E--Other Matters
SEC. 741. ALTERNATIVES TO ACTIVE DUTY SERVICE OBLIGATION
UNDER ARMED FORCES HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM
AND UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Armed Forces Health Professions Scholarship and
Financial Assistance Program.--Subsection (e) of section 2123
of title 10, United States Code, is amended to read as
follows:
``(e)(1) A member of the program who is relieved of the
member's active duty obligation under this subchapter before
the completion of that active duty obligation may be given,
with or without the consent of the member, any of the
following alternative obligations, as determined by the
Secretary of the military department concerned:
``(A) A service obligation in another armed force for a
period of time not less than the member's remaining active
duty service obligation.
``(B) A service obligation in a component of the Selected
Reserve for a period not less than twice as long as the
member's remaining active duty service obligation.
``(C) Repayment to the Secretary of Defense of a percentage
of the total cost incurred by the Secretary under this
subchapter on behalf of the member equal to the percentage of
the member's total active duty service obligation being
relieved, plus interest.
``(2) In addition to the alternative obligations specified
in paragraph (1), if the member is relieved of an active duty
obligation by reason of the separation of the member because
of a physical disability, the Secretary of the military
department concerned may give the member a service obligation
as a civilian employee employed as a health care professional
in a facility of the uniformed services for a period of time
equal to the member's remaining active duty service
obligation.
``(3) The Secretary of Defense shall prescribe regulations
describing the manner in which an alternative obligation may
be given under this subsection.''.
(b) Uniformed Services University of the Health Sciences.--
Section 2114 of title 10, United States Code is amended by
adding at the end the following new subsection:
``(h) A graduate of the University who is relieved of the
graduate's active-duty service obligation under subsection
(b) before the completion of that active-duty service
obligation may be given, with or without the consent of the
graduate, an alternative obligation in the same manner as
provided in subparagraphs (A) and (B) of paragraph (1) of
section 2123(e)(1) of this title or paragraph (2) of such
section for members of the Armed Forces Health Professions
Scholarship and Financial Assistance program.''.
(c) Application of Amendments.--The amendments made by this
section shall apply with respect to individuals who first
become members of the Armed Forces Health Professions
Scholarship and Financial Assistance program or students of
the Uniformed Services University of the Health Sciences on
or after October 1, 1996.
(d) Transition Provision.--(1) In the case of any member of
the Armed Forces Health Professions Scholarship and Financial
Assistance program who, as of October 1, 1996, is serving an
active duty obligation under the program or is incurring an
active duty obligation as a participant in the program, and
who is subsequently relieved of the active duty obligation
before the completion of the obligation, the alternative
obligations authorized by the amendment made by subsection
(a) may be used by the Secretary of the military department
concerned with the agreement of the member.
(2) In the case of any person who, as of October 1, 1996,
is serving an active-duty service obligation as a graduate of
the Uniformed Services University of the Health Sciences or
is incurring an active-duty service obligation as a student
of the University, and who is subsequently relieved of the
active-duty service obligation before the completion of the
obligation, the alternative obligations authorized by the
amendment made by subsection (b) may be implemented by the
Secretary of Defense with the agreement of the person.
(e) Report on Utilization of Graduates of University.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a
report on the utilization by the Department of Defense of
graduates of the Uniformed Services University of the Health
Sciences. The report shall include a discussion of means of
ensuring that graduates of the University have received
training in medical specialties for which the Department has
particular need.
SEC. 742. EXTERNAL PEER REVIEW FOR DEFENSE HEALTH PROGRAM
EXTRAMURAL MEDICAL RESEARCH INVOLVING HUMAN
SUBJECTS.
(a) Establishment of External Peer Review Process.--The
Secretary of Defense shall establish a peer review process
that will use persons who are not officers or employees of
the Government to review the research protocols of medical
research projects.
(b) Peer Review Requirements.--Funds of the Department of
Defense may not be obligated or expended for any medical
research project unless the research protocol for the project
has been approved by the external peer review process
established under subsection (a).
(c) Medical Research Project Defined.--For purposes of this
section, the term ``medical research project'' means a
research project that--
(1) involves the participation of human subjects;
(2) is conducted solely by a non-Federal entity; and
(3) is funded through the Defense Health Program account.
(d) Effective Date.--The peer review requirements of
subsection (b) shall take effect on October 1, 1996, and,
except as provided in subsection (e), shall apply to all
medical research projects proposed funded on or after that
date, including medical research projects funded pursuant to
any requirement of law enacted before, on, or after that
date.
(e) Exceptions.--Only the following medical research
projects shall be exempt from the peer review requirements of
subsection (b):
(1) A medical research project that the Secretary
determines has been substantially completed by October 1,
1996.
(2) A medical research project funded pursuant to any
provision of law enacted on or after that date if the
provision of law specifically refers to this section and
specifically states that the peer review requirements do not
apply.
SEC. 743. INDEPENDENT RESEARCH REGARDING GULF WAR SYNDROME.
(a) Definitions.--For purposes of this section:
(1) The term ``Gulf War service'' means service on active
duty as a member of the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War.
(2) The term ``Gulf War syndrome'' means the complex of
illnesses and symptoms commonly known as Gulf War syndrome.
(3) The term ``Persian Gulf War'' has the meaning given
that term in section 101(33) of title 38, United States Code.
(b) Research.--The Secretary of Defense shall provide, by
contract, grant, or other transaction, for scientific
research to be carried out by entities independent of the
Federal Government on possible causal relationships between
Gulf War syndrome and--
(1) the possible exposures of members of the Armed Forces
to chemical warfare agents or other hazardous materials
during Gulf War service; and
[[Page 1964]]
(2) the use by the Department of Defense during the Persian
Gulf War of combinations of various inoculations and
investigational new drugs.
(c) Procedures for Awarding Grants.--The Secretary shall
prescribe the procedures to be used to make research awards
under subsection (b). The procedures shall--
(1) include a comprehensive, independent peer-review
process for the evaluation of proposals for scientific
research that are submitted to the Department of Defense; and
(2) provide for the final selection of proposals for award
to be based on the scientific merit and program relevance of
the proposed research.
(d) Availability of Funds.--Of the amount authorized to be
appropriated under section 301(21) for defense medical
programs, $10,000,000 is available for research under
subsection (b).
SEC. 744. COMPTROLLER GENERAL REVIEW OF HEALTH CARE
ACTIVITIES OF DEPARTMENT OF DEFENSE RELATING TO
GULF WAR ILLNESSES.
(a) Medical Research and Clinical Care Programs.--The
Comptroller General shall analyze the effectiveness of the
medical research programs and clinical care programs of the
Department of Defense that relate to illnesses that might
have been contracted by members of the Armed Forces as a
result of service in the Southwest Asia theater of operations
during the Persian Gulf War.
(b) Policies Regarding Investigational New Drugs.--The
Comptroller General shall analyze the scope and effectiveness
of the policies of the Department of Defense with respect
to--
(1) the use of investigational new drugs during the Persian
Gulf War to treat members of the Armed Forces who served in
the Southwest Asia theater of operations; and
(2) the current use of investigational new drugs to treat
illnesses referred to in subsection (a).
(c) Administration of Medical Records.--The Comptroller
General shall analyze the administration of medical records
by the military departments in order to assess the extent to
which such records accurately reflect the pre-deployment
medical assessments, immunization records, informed consent
releases, complaints during routine sick call, emergency room
visits, visits with unit medics during deployment, and other
relevant medical information relating to the members and
former members referred to in subsection (a) with respect to
the illnesses referred to in that subsection.
(d) Reports.--Not later than March 1, 1997, the Comptroller
General shall submit to Congress a separate report on each of
the analyses required under subsections (a), (b), and (c).
SEC. 745. REPORT REGARDING SPECIALIZED TREATMENT FACILITY
PROGRAM.
Not later than April 1, 1997, the Secretary of Defense
shall submit to Congress a report evaluating the impact on
the military health care system of limiting the service area
of a facility designated as part of the specialized treatment
facility program under section 1105 of title 10, United
States Code, to not more than 100 miles from the facility.
SEC. 746. STUDY OF MEANS OF ENSURING UNIFORMITY IN PROVISION
OF MEDICAL AND DENTAL CARE FOR MEMBERS OF
RESERVE COMPONENTS.
(a) Study.--(1) In consultation with the Secretary of
Transportation, the Secretary of Defense shall conduct a
study of means of improving the provision of medical and
dental care to members of the reserve components referred to
in paragraph (2) in order to ensure uniformity and
consistency in the provision of such care to such members.
(2) The members of the reserve components referred to in
paragraph (1) are the following:
(A) Members on active duty, including active duty for
training and annual training duty.
(B) Members on full-time National Guard duty.
(C) Members on inactive-duty training, regardless of
whether such members are in a pay or nonpay status.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the study conducted under subsection
(a). The report shall include such recommendations (including
recommendations for legislation) as the Secretary considers
appropriate.
SEC. 747. SENSE OF CONGRESS REGARDING TAX TREATMENT OF ARMED
FORCES HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM.
It is the sense of Congress that the Secretary of Defense
should work with the Secretary of the Treasury to interpret
section 117 of the Internal Revenue Code of 1986 so that the
limitation on the amount of a qualified scholarship or
qualified tuition reduction excluded from gross income does
not apply to any portion of a scholarship or financial
assistance provided by the Secretary of Defense to a person
enrolled in the Armed Forces Health Professions Scholarship
and Financial Assistance program under subchapter I of
chapter 105 of title 10, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Management
Sec. 801. Procurement technical assistance programs.
Sec. 802. Extension of pilot mentor-protege program.
Sec. 803. Authority to waive certain requirements for defense
acquisition pilot programs.
Sec. 804. Modification of authority to carry out certain prototype
projects.
Sec. 805. Increase in threshold amounts for major systems.
Sec. 806. Revisions in information required to be included in selected
acquisition reports.
Sec. 807. Increase in simplified acquisition threshold for humanitarian
or peacekeeping operations.
Sec. 808. Expansion of audit reciprocity among Federal agencies to
include post-award audits.
Sec. 809. Excessive compensation of certain contractor personnel.
Sec. 810. Exception to prohibition on procurement of foreign goods.
Subtitle B--Other Matters
Sec. 821. Prohibition on release of contractor proposals under Freedom
of Information Act.
Sec. 822. Amendments relating to reports on procurement regulatory
activity.
Sec. 823. Amendment of multiyear limitation on contracts for
inspection, maintenance, and repair.
Sec. 824. Streamlined notice requirements to contractors and employees
regarding termination or substantial reduction in
contracts under major defense programs.
Sec. 825. Repeal of notice requirements for substantially or seriously
affected parties in downsizing efforts.
Sec. 826. Study of effectiveness of defense mergers.
Sec. 827. Annual report relating to Buy American Act.
Sec. 828. Foreign environmental technology.
Sec. 829. Assessment of national defense technology and industrial base
and dependency of base on supplies available only from
foreign countries.
Sec. 830. Expansion of report on implementation of automated
information systems to include additional matters
regarding information resources management.
Sec. 831. Year 2000 software conversion.
Sec. 832. Procurement from firms in industrial base for production of
small arms.
Sec. 833. Cable television franchise agreements.
Subtitle A--Acquisition Management
SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated
under section 301(5), $12,000,000 shall be available for
carrying out the provisions of chapter 142 of title 10,
United States Code.
(b) Specific Programs.--Of the amounts made available
pursuant to subsection (a), $600,000 shall be available for
fiscal year 1997 for the purpose of carrying out programs
sponsored by eligible entities referred to in subparagraph
(D) of section 2411(1) of title 10, United States Code, that
provide procurement technical assistance in distressed areas
referred to in subparagraph (B) of section 2411(2) of such
title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas
to allow effective use of the funds made available in
accordance with this subsection in such areas, the funds
shall be allocated among the Defense Contract Administration
Services regions in accordance with section 2415 of such
title.
SEC. 802. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking out ``1995'' and
inserting in lieu thereof ``1998''; and
(2) in paragraph (2), by striking out ``1996'' and
inserting in lieu thereof ``1999''.
SEC. 803. AUTHORITY TO WAIVE CERTAIN REQUIREMENTS FOR DEFENSE
ACQUISITION PILOT PROGRAMS.
(a) Authority.--The Secretary of Defense may waive sections
2399, 2403, 2432, and 2433 of title 10, United States Code,
in accordance with this section for any defense acquisition
program designated by the Secretary of Defense for
participation in the defense acquisition pilot program
authorized by section 809 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2430 note).
(b) Operational Test and Evaluation.--The Secretary of
Defense may waive the requirements for operational test and
evaluation for such a defense acquisition program as set
forth in section 2399 of title 10, United States Code, if the
Secretary--
(1) determines (without delegation) that such test would be
unreasonably expensive or impractical;
(2) develops a suitable alternate operational test program
for the system concerned;
(3) describes in the test and evaluation master plan, as
approved by the Director of Operational Test and Evaluation,
the method of evaluation that will be used to evaluate
whether the system will be effective and suitable for combat;
and
(4) submits to the congressional defense committees a
report containing the determination that was made under
paragraph (1), a justification for that determination, and a
copy of the plan required by paragraph (3).
(c) Contractor Guarantees for Major Weapons Systems.--The
Secretary of De
[[Page 1965]]
fense may waive the requirements of section 2403 of title 10,
United States Code, for such a defense acquisition program if
an alternative guarantee is used that ensures high quality
weapons systems.
(d) Selected Acquisition Reports.--The Secretary of Defense
may waive the requirements of sections 2432 and 2433 of title
10, United States Code, for such a defense acquisition
program if the Secretary provides a single annual report to
Congress at the end of each fiscal year that describes the
status of the program in relation to the baseline description
for the program established under section 2435 of such title.
SEC. 804. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) Authorized Officials.--(1) Subsection (a) of section
845 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371
note) is amended by inserting ``, the Secretary of a military
department, or any other official designated by the Secretary
of Defense'' after ``Agency''.
(2) Subsection (b)(2) of such section is amended to read as
follows:
``(2) To the maximum extent practicable, competitive
procedures shall be used when entering into agreements to
carry out projects under subsection (a).''.
(b) Extension of Authority.--Subsection (c) of such section
is amended by striking out ``terminate'' and all that follows
and inserting in lieu thereof ``terminate at the end of
September 30, 1999.''.
(c) Conforming and Technical Amendments.--Section 845 of
such Act is further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking out ``(c)(2) and (c)(3)
of such section 2371, as redesignated by section
827(b)(1)(B),'' and inserting in lieu thereof ``(e)(2) and
(e)(3) of such section 2371''; and
(B) in paragraph (2), by inserting after ``Director'' the
following: ``, Secretary, or other official''; and
(2) in subsection (c), by striking out ``of the Director''.
SEC. 805. INCREASE IN THRESHOLD AMOUNTS FOR MAJOR SYSTEMS.
(a) Increase and Adjustment.--Chapter 137 of title 10,
United States Code, is amended--
(1) in section 2302(5), by striking out the third sentence
and inserting in lieu thereof the following: ``A system shall
be considered a major system if (A) the conditions of section
2302d of this title are satisfied, or (B) the system is
designated a `major system' by the head of the agency
responsible for the system.''; and
(2) by inserting after section 2302c the following:
``Sec. 2302d. Major system: definitional threshold amounts
``(a) Department of Defense Systems.--For purposes of
section 2302(5) of this title, a system for which the
Department of Defense is responsible shall be considered a
major system if--
``(1) the total expenditures for research, development,
test, and evaluation for the system are estimated to be more
than $115,000,000 (based on fiscal year 1990 constant
dollars); or
``(2) the eventual total expenditure for procurement of
more than $540,000,000 (based on fiscal year 1990 constant
dollars).
``(b) Civilian Agency Systems.--For purposes of section
2302(5) of this title, a system for which a civilian agency
is responsible shall be considered a major system if total
expenditures for the system are estimated to exceed the
greater of--
``(1) $750,000 (based on fiscal year 1980 constant
dollars); or
``(2) the dollar threshold for a `major system' established
by the agency pursuant to Office of Management and Budget
(OMB) Circular A-109, entitled `Major Systems Acquisitions'.
``(c) Adjustment Authority.--(1) The Secretary of Defense
may adjust the amounts and the base fiscal year provided in
subsection (a) on the basis of Department of Defense
escalation rates.
``(2) An amount, as adjusted under paragraph (1), that is
not evenly divisible by $5,000,000 shall be rounded to the
nearest multiple of $5,000,000. In the case of an amount that
is evenly divisible by $2,500,000 but not evenly divisible by
$5,000,000, the amount shall be rounded to the next higher
multiple of $5,000,000.
``(3) An adjustment under this subsection shall be
effective after the Secretary transmits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a written
notification of the adjustment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2302c the following:
``2302d. Major system: definitional threshold amounts.''.
SEC. 806. REVISIONS IN INFORMATION REQUIRED TO BE INCLUDED IN
SELECTED ACQUISITION REPORTS.
Section 2432 of title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking out ``and'' at the end of subparagraph (B);
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) the current procurement unit cost for each major
defense acquisition program included in the report and the
history of that cost from the date the program was first
included in a Selected Acquisition Report to the end of the
quarter for which the current report is submitted; and''; and
(2) in subsection (e), by striking out paragraph (8) and
redesignating paragraph (9) as paragraph (8).
SEC. 807. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR
HUMANITARIAN OR PEACEKEEPING OPERATIONS.
(a) Armed Services Acquisitions.--Section 2302(7) of title
10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(7)'';
(2) by inserting after ``contingency operation'' the
following: ``or a humanitarian or peacekeeping operation'';
and
(3) by adding at the end the following:
``(B) In subparagraph (A), the term `humanitarian or
peacekeeping operation' means a military operation in support
of the provision of humanitarian or foreign disaster
assistance or in support of a peacekeeping operation under
chapter VI or VII of the Charter of the United Nations. The
term does not include routine training, force rotation, or
stationing.''.
(b) Civilian Agency Acquisitions.--Section 309(d) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 259(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by inserting after ``contingency operation'' the
following: ``or a humanitarian or peacekeeping operation'';
and
(3) by adding at the end the following:
``(2) In paragraph (1):
``(A) The term `contingency operation' has the meaning
given such term in section 101(a) of title 10, United States
Code.
``(B) The term `humanitarian or peacekeeping operation'
means a military operation in support of the provision of
humanitarian or foreign disaster assistance or in support of
a peacekeeping operation under chapter VI or VII of the
Charter of the United Nations. The term does not include
routine training, force rotation, or stationing.''.
SEC. 808. EXPANSION OF AUDIT RECIPROCITY AMONG FEDERAL
AGENCIES TO INCLUDE POST-AWARD AUDITS.
(a) Armed Services Acquisitions.--Subsection (d) of section
2313 of title 10, United States Code, is amended to read as
follows:
``(d) Limitation on Audits Relating to Indirect Costs.--The
head of an agency may not perform an audit of indirect costs
under a contract, subcontract, or modification before or
after entering into the contract, subcontract, or
modification in any case in which the contracting officer
determines that the objectives of the audit can reasonably be
met by accepting the results of an audit that was conducted
by any other department or agency of the Federal Government
within one year preceding the date of the contracting
officer's determination.''.
(b) Civilian Agency Acquisitions.--Subsection (d) of
section 304C of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254d) is amended to read as
follows:
``(d) Limitation on Audits Relating to Indirect Costs.--An
executive agency may not perform an audit of indirect costs
under a contract, subcontract, or modification before or
after entering into the contract, subcontract, or
modification in any case in which the contracting officer
determines that the objectives of the audit can reasonably be
met by accepting the results of an audit that was conducted
by any other department or agency of the Federal Government
within one year preceding the date of the contracting
officer's determination.''.
(c) Guidelines for Acceptance of Audits by State and Local
Governments Receiving Federal Assistance.--The Director of
the Office and Management and Budget shall issue guidelines
to ensure that an audit of indirect costs performed by the
Federal Government is accepted by State and local governments
that receive Federal funds under contracts, grants, or other
Federal assistance programs.
SEC. 809. COMPENSATION OF CERTAIN CONTRACTOR PERSONNEL.
(a) Armed Services Procurements.--(1) During fiscal year
1997, the head of an agency shall treat the costs described
in paragraph (2) as not allowable under a covered contract,
in the same manner as costs listed in section 2324(e)(1) of
title 10, United States Code.
(2) The costs covered by paragraph (1) are costs of
compensation paid with respect to services of any one officer
to the extent that the total amount of the compensation paid
in a fiscal year exceeds $250,000.
(b) Civilian Agency Procurements.--(1) During fiscal year
1997, an executive agency shall treat the costs described in
paragraph (2) as not allowable under a covered contract, in
the same manner as costs listed in section 306(e)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 256(e)(1)).
(2) The costs covered by paragraph (1) are costs of
compensation paid with respect to services of any one officer
to the extent that the total amount of the compensation paid
in a fiscal year exceeds $250,000.
(c) Definitions.--In this section:
(1) The term ``head of an agency'' has the meaning provided
in section 2302 of title 10, United States Code.
(2) The term ``executive agency'' has the meaning provided
in section 3 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 472).
(3) The term ``covered contract''--
[[Page 1966]]
(A) with respect to procurements subject to chapter 137 of
title 10, United States Code, has the meaning provided by
section 2324(l) of such title; and
(B) with respect to procurements subject to title III of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.), has the meaning provided by section
306(l) of such Act (41 U.S.C. 256(l)).
(4) The term ``compensation'' means--
(A) the total amount of wages as defined in section 3401(a)
of the Internal Revenue Code of 1986 for the year concerned;
and
(B) the total amount of elective deferrals (within the
meaning of section 402(g)(3) of such Code) for the year
concerned.
(5) The term ``officer'' means a person who is determined
to be in a senior management position as established by
regulation.
(d) Review.--The Administrator for Federal Procurement
Policy, in consultation with the Secretary of Defense, shall
conduct a comprehensive review of the levels of compensation
received by senior executives of corporations performing a
significant amount of business with the Federal Government in
order to determine the appropriate cost allowability policy
in this area. Such a review should include the following:
(1) In consultation with the Secretary of the Treasury, an
examination of the appropriate definition and treatment of
compensation, including deferred compensation.
(2) An examination of the appropriate definition of senior
executive positions and any other positions that should be
covered under the cost allowability policy.
(3) An examination of how to apply the cost allowability
policy to individual contracts and aggregations of contracts
within a corporation.
(4) Any other matter related to the cost allowability of
executive compensation that the Administrator considers
appropriate.
(e) Legislative Proposal.--Not later than March 1, 1997,
the President shall submit to Congress a legislative proposal
incorporating the conclusions reached by the review conducted
under subsection (d) and establishing a statutory Government
standard on the cost allowability of executive compensation.
SEC. 810. EXCEPTION TO PROHIBITION ON PROCUREMENT OF FOREIGN
GOODS.
Section 2534(d)(3) of title 10, United States Code, is
amended by inserting ``or would impede the reciprocal
procurement of defense items under a memorandum of
understanding providing for reciprocal procurement of defense
items that is entered into under section 2531 of this
title,'' after ``a foreign country,''.
Subtitle B--Other Matters
SEC. 821. PROHIBITION ON RELEASE OF CONTRACTOR PROPOSALS
UNDER FREEDOM OF INFORMATION ACT.
(a) Armed Services Acquisitions.--Section 2305 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(g) Prohibition on Release of Contractor Proposals.--(1)
Except as provided in paragraph (2), a proposal in the
possession or control of the Department of Defense may not be
made available to any person under section 552 of title 5.
``(2) Paragraph (1) does not apply to any proposal that is
set forth or incorporated by reference in a contract entered
into between the Department and the contractor that submitted
the proposal.
``(3) In this subsection, the term `proposal' means any
proposal, including a technical, management, or cost
proposal, submitted by a contractor in response to the
requirements of a solicitation for a competitive proposal.''.
(b) Civilian Agency Acquisitions.--Section 303B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b) is amended by adding at the end the following
new subsection:
``(m) Prohibition on Release of Contractor Proposals.--(1)
Except as provided in paragraph (2), a proposal in the
possession or control of an executive agency may not be made
available to any person under section 552 of title 5, United
States Code.
``(2) Paragraph (1) does not apply to any proposal that is
set forth or incorporated by reference in a contract entered
into between the agency and the contractor that submitted the
proposal.
``(3) In this subsection, the term `proposal' means any
proposal, including a technical, management, or cost
proposal, submitted by a contractor in response to the
requirements of a solicitation for a competitive proposal.''.
SEC. 822. AMENDMENTS RELATING TO REPORTS ON PROCUREMENT
REGULATORY ACTIVITY.
Subsection (g) of section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) is amended--
(1) in paragraph (1)--
(A) by striking out ``within 6 months after the date of
enactment of this section and every 6 months thereafter'' and
inserting in lieu thereof ``every 12 months''; and
(B) by inserting ``and'' after the semicolon at the end;
(2) in paragraph (2)(H), by striking out ``; and'' and
inserting in lieu thereof a period; and
(3) by striking out paragraph (3).
SEC. 823. AMENDMENT OF MULTIYEAR LIMITATION ON CONTRACTS FOR
INSPECTION, MAINTENANCE, AND REPAIR.
Paragraph (14) of section 210(a) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 490(a)) is
amended by striking out ``for periods not exceeding three
years'' and inserting in lieu thereof ``for periods not
exceeding five years''.
SEC. 824. STREAMLINED NOTICE REQUIREMENTS TO CONTRACTORS AND
EMPLOYEES REGARDING TERMINATION OR SUBSTANTIAL
REDUCTION IN CONTRACTS UNDER MAJOR DEFENSE
PROGRAMS.
(a) Elimination of Unnecessary Requirements.--Section 4471
of the Defense Conversion, Reinvestment, and Transition
Assistance Act of 1992 (division D of Public Law 102-484; 10
U.S.C. 2501 note) is amended--
(1) by striking out subsection (a);
(2) by striking out subsection (f), except paragraph (4);
(3) by redesignating subsections (b), (c), (d), (e), and
(g) as subsections (a), (b), (c), (d), and (f), respectively;
and
(4) by redesignating such paragraph (4) as subsection (e).
(b) Notice to Contractors.--Subsection (a) of such section,
as redesignated by subsection (a)(3), is amended by striking
out paragraphs (1) and (2) and inserting in lieu thereof the
following:
``(1) shall identify each contract (if any) under major
defense programs of the Department of Defense that will be
terminated or substantially reduced as a result of the
funding levels provided in that Act; and
``(2) shall ensure that notice of the termination of, or
substantial reduction in, the funding of the contract is
provided--
``(A) directly to the prime contractor under the contract;
and
``(B) directly to the Secretary of Labor.''.
(c) Notice to Subcontractors.--Subsection (b) of such
section, as redesignated by subsection (a)(3), is amended--
(1) by striking out ``As soon as'' and all that follows
through ``prime contractor shall--'' in the matter preceding
paragraph (1) and inserting in lieu thereof ``Not later than
60 days after the date on which the prime contractor for a
contract under a major defense program receives notice under
subsection (a), the prime contractor shall--'';
(2) in paragraph (1)--
(A) by striking out ``for that program under a contract''
and inserting in lieu thereof ``under that prime contract for
subcontracts''; and
(B) by striking out ``for the program''; and
(3) in paragraph (2)(A), by striking out ``for the program
under a contract'' and inserting in lieu thereof ``for
subcontracts''.
(d) Notice to Employees and State Dislocated Worker Unit.--
Subsection (c) of such section, as redesignated by subsection
(a)(3), is amended by striking out ``under subsection
(a)(1)'' and all that follows through ``a defense program,''
in the matter preceding paragraph (1) and inserting in lieu
thereof ``under subsection (a),''.
(e) Cross References and Conforming Amendments.--(1)
Subsection (d) of such section, as redesignated by subsection
(a)(3), is amended--
(A) by striking out ``a major defense program provided
under subsection (d)(1)'' and inserting in lieu thereof ``a
defense contract provided under subsection (c)(1)''; and
(B) by striking out ``the program'' and inserting in lieu
thereof ``the contract''.
(2) Subsection (e) of such section, as redesignated by
subsection (a)(4), is amended--
(A) by striking out ``eligibility'' and inserting in lieu
thereof ``Eligibility''; and
(B) by striking out ``under paragraph (3)'' and inserting
in lieu thereof ``or cancellation of the termination of, or
substantial reduction in, contract funding''.
(3) Subsection (f) of such section, as redesignated by
subsection (a)(3), is amended in paragraph (2)--
(A) by inserting ``a defense contract under'' before ``a
major defense program''; and
(B) by striking out ``contracts under the program'' and
inserting in lieu thereof ``the funds obligated by the
contract''.
SEC. 825. REPEAL OF NOTICE REQUIREMENTS FOR SUBSTANTIALLY OR
SERIOUSLY AFFECTED PARTIES IN DOWNSIZING
EFFORTS.
Sections 4101 and 4201 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1850, 1851; 10 U.S.C. 2391 note) are repealed.
SEC. 826. STUDY OF EFFECTIVENESS OF DEFENSE MERGERS.
(a) Study.--The Secretary of Defense shall conduct a study
on mergers and acquisitions in the defense sector. The study
shall address the following:
(1) The effectiveness of defense mergers and acquisitions
in eliminating excess capacity within the defense industry.
(2) The degree of change in the dependence by defense
contractors on defense-related Federal contracts within their
overall business after mergers.
(3) The effect on defense industry employment resulting
from defense mergers and acquisitions occurring during the
three years preceding the date of the enactment of this Act.
(4) The effect on competition for defense contracts.
(b) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the results of the study
conducted under subsection (a).
SEC. 827. ANNUAL REPORT RELATING TO BUY AMERICAN ACT.
The Secretary of Defense shall submit to Congress, not
later than 120 days after the end of each fiscal year, a
report on the amount of purchases by the Department of
Defense from foreign entities in that fiscal year. Such
report shall separately indicate
[[Page 1967]]
the dollar value of items for which the Buy American Act (41
U.S.C. 10a et seq.) was waived pursuant to any of the
following:
(1) Any reciprocal defense procurement memorandum of
understanding described in section 849(c)(2) of Public Law
103-160 (41 U.S.C. 10b-2 note).
(2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.)
(3) Any international agreement to which the United States
is a party.
SEC. 828. FOREIGN ENVIRONMENTAL TECHNOLOGY.
Subsection (b) of section 2536 of title 10, United States
Code, is amended to read as follows:
``(b) Waiver Authority.--(1) The Secretary concerned may
waive the application of subsection (a) to a contract award
if--
``(A) the Secretary concerned determines that the waiver is
essential to the national security interests of the United
States; or
``(B) in the case of a contract awarded for environmental
restoration, remediation, or waste management at a Department
of Defense or Department of Energy facility--
``(i) the Secretary concerned determines that the waiver
will advance the environmental restoration, remediation, or
waste management objectives of the department concerned and
will not harm the national security interests of the United
States; and
``(ii) the entity to which the contract is awarded is
controlled by a foreign government with which the Secretary
concerned is authorized to exchange Restricted Data under
section 144 c. of the Atomic Energy Act of 1954 (42 U.S.C.
2164(c)).
``(2) The Secretary concerned shall notify Congress of any
decision to grant a waiver under paragraph (1)(B) with
respect to a contract. The contract may be awarded only after
the end of the 45-day period beginning on the date the
notification is received by the committees.''.
SEC. 829. ASSESSMENT OF NATIONAL DEFENSE TECHNOLOGY AND
INDUSTRIAL BASE AND DEPENDENCY OF BASE ON
SUPPLIES AVAILABLE ONLY FROM FOREIGN COUNTRIES.
(a) National Security Objectives for National Technology
and Industrial Base.--Section 2501(a) of title 10, United
States Code, is amended by adding at the end the following:
``(5) Providing for the development, manufacture, and
supply of items and technologies critical to the production
and sustainment of advanced military weapon systems within
the national technology and industrial base.''.
(b) National Defense Program for Analysis of the Technology
and Industrial Base.--Section 2503 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking out ``(1) The Secretary of Defense, in
consultation with the National Defense Technology and
Industrial Base Council,'' in paragraph (1) and inserting in
lieu thereof ``The Secretary of Defense''; and
(B) by striking out paragraphs (2), (3), and (4); and
(2) in subsection (c)(3)(A)--
(A) by striking out ``the National Defense Technology and
Industrial Base Council in'' and inserting in lieu thereof
``the Secretary of Defense for''; and
(B) by striking out ``and the periodic plans required by
section 2506 of this title''.
(c) Periodic Defense Capability Assessments, Including
Foreign Dependency.--(1) Section 2505 of title 10, United
States Code, is amended to read as follows:
``Sec. 2505. National technology and industrial base:
periodic defense capability assessments
``(a) Periodic Assessment.--Each fiscal year, the Secretary
of Defense shall prepare selected assessments of the
capability of the national technology and industrial base to
attain the national security objectives set forth in section
2501(a) of this title. The Secretary of Defense shall prepare
such assessments in consultation with the Secretary of
Commerce and the Secretary of Energy.
``(b) Assessment Process.--The Secretary of Defense shall
ensure that technology and industrial capability
assessments--
``(1) describe sectors or capabilities, their underlying
infrastructure and processes;
``(2) analyze present and projected financial performance
of industries supporting the sectors or capabilities in the
assessment; and
``(3) identify technological and industrial capabilities
and processes for which there is potential for the national
industrial and technology base not to be able to support the
achievement of national security objectives.
``(c) Assessment of Extent of Dependency on Foreign Source
Items.--Each assessment under subsection (a) shall include a
separate discussion and presentation regarding the extent to
which the national technology and industrial base is
dependent on items for which the source of supply,
manufacture, or technology is outside of the United States
and Canada and for which there is no immediately available
source in the United States or Canada. The discussion and
presentation regarding foreign dependency shall--
``(1) identify cases that pose an unacceptable risk of
foreign dependency, as determined by the Secretary; and
``(2) present actions being taken or proposed to be taken
to remedy the risk posed by the cases identified under
paragraph (1), including efforts to develop a domestic source
for the item in question.
``(d) Integrated Process.--The Secretary of Defense shall
ensure that consideration of the technology and industrial
base assessments is integrated into the overall budget,
acquisition, and logistics support decision processes of the
Department of Defense.''.
(2) Section 2502(b) of title 10, United States Code, is
amended--
(A) by striking out ``the following responsibilities:'' and
all that follows through ``effective cooperation'' and
inserting in lieu thereof ``the responsibility to ensure
effective cooperation''; and
(B) by striking out paragraph (2); and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and adjusting the
margin of such paragraphs two ems to the left.
(d) Repeal of Requirement for Periodic Defense Capability
Plan; Development of Policy Guidance.--Section 2506 of title
10, United States Code, is amended to read as follows:
``Sec. 2506. Department of Defense technology and industrial
base policy guidance
``(a) Departmental Guidance.--The Secretary of Defense
shall prescribe departmental guidance for the attainment of
each of the national security objectives set forth in section
2501(a) of this title. Such guidance shall provide for
technological and industrial capability considerations to be
integrated into the budget allocation, weapons acquisition,
and logistics support decision processes.
``(b) Report to Congress.--The Secretary of Defense shall
report on the implementation of the departmental guidance in
the annual report to Congress submitted pursuant to section
2504 of this title.''.
(e) Annual Report to Congress.--Subchapter II of chapter
148 of title 10, United States Code, is amended by inserting
after section 2503 the following new section:
``Sec. 2504. Annual report to Congress
``The Secretary of Defense shall transmit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives by March 1 of each
year a report which shall include the following information:
``(1) A description of the departmental guidance prepared
pursuant to section 2506 of this title.
``(2) A description of the methods and analyses being
undertaken by the Department of Defense alone or in
cooperation with other Federal agencies, to identify and
address concerns regarding technological and industrial
capabilities of the national technology and industrial base.
``(3) A description of the assessments prepared pursuant to
section 2505 of this title and other analyses used in
developing the budget submission of the Department of Defense
for the next fiscal year.
``(4) Identification of each program designed to sustain
specific essential technological and industrial capabilities
and processes of the national technology and industrial
base.''.
(f) Repeal of Requirement To Coordinate the Encouragement
of Technology Transfer With the Council.--Subsection 2514(c)
of title 10, United States Code, is amended by striking out
paragraph (5).
(g) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter II of chapter 148 of title 10, United
States Code, is amended by inserting after the item relating
to section 2503 the following new item:
``2504. Annual report to Congress.''.
(2) Such table of sections is further amended by striking
out the item relating to section 2506 and inserting in lieu
thereof the following new item:
``2506. Department of Defense technology and industrial base policy
guidance.''.
(h) Repeal of Superseded and Executed Law.--Sections 4218,
4219, and 4220 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2505 note and
2506 note) are repealed.
SEC. 830. EXPANSION OF REPORT ON IMPLEMENTATION OF AUTOMATED
INFORMATION SYSTEMS TO INCLUDE ADDITIONAL
MATTERS REGARDING INFORMATION RESOURCES
MANAGEMENT.
(a) Expanded Report.--The Secretary of Defense shall
include in the report submitted in 1997 under section 381(f)
of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 113 note) a discussion of
the following matters relating to information resources
management:
(1) The progress made in implementing the Information
Technology Management Reform Act of 1996 (division E of
Public Law 104-106; 110 Stat. 679; 40 U.S.C. 1401 et seq.)
and the amendments made by that Act.
(2) The progress made in implementing the strategy for the
development or modernization of automated information systems
for the Department of Defense, as required by section 366 of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 275; 10 U.S.C. 113 note).
(3) Plans of the Department of Defense for establishing an
integrated framework for management of information resources
within the department.
(b) Specific Elements of Report.--The presentation of
matters under subsection (a) shall specifically include a
discussion of the following:
(1) The status of the implementation of performance
measures.
(2) The specific actions being taken to link the proposed
performance measures to the planning, programming, and
budgeting system of the Department of Defense and to the
life-cycle management processes of the department.
(3) The results of pilot program testing of proposed
performance measures.
[[Page 1968]]
(4) The additional training necessary for the
implementation of performance-based information management.
(5) The department-wide actions that are necessary to
comply with the requirements of the following provisions of
law:
(A) The amendments made by the Government Performance and
Results Act of 1993 (Public Law 103-62; 107 Stat. 285).
(B) The Information Technology Management Reform Act of
1996 (division E of Public Law 104-106; 110 Stat. 679; 40
U.S.C. 1401 et seq.) and the amendments made by that Act.
(C) Title V of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355; 108 Stat. 3349) and the amendments
made by that title.
(D) The Chief Financial Officers Act of 1990 (Public Law
101-576; 104 Stat. 2838) and the amendments made by that Act.
SEC. 831. YEAR 2000 SOFTWARE CONVERSION.
(a) Year 2000 Software Conversion.--The Secretary of
Defense shall ensure that, as soon as practicable, all
information technology acquired by the Department of Defense
pursuant to contracts entered into after September 30, 1996,
has the capabilities to process date and date-related data in
2000.
(b) Assessment.--The Secretary, acting through the chief
information officers within the department (as designated
pursuant to section 3506 of title 44, United States Code),
shall assess all information technology within the Department
of Defense to determine the extent to which such technology
has the capabilities to operate effectively.
(c) Plan.--Not later than January 1, 1997, the Secretary
shall submit to Congress a detailed plan for eliminating any
deficiencies identified pursuant to subsection (b). The plan
shall include--
(1) a list of affected major systems;
(2) a description of how the deficiencies could affect the
national security of the United States; and
(3) an estimate and prioritization of the resources that
are necessary to eliminate the deficiencies.
SEC. 832. PROCUREMENT FROM FIRMS IN INDUSTRIAL BASE FOR
PRODUCTION OF SMALL ARMS.
(a) Requirement.--Chapter 146 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2473. Procurements from the small arms production
industrial base
``(a) Authority To Limit Procurements To Certain Sources.--
To the extent that the Secretary of Defense determines
necessary to preserve the small arms production industrial
base, the Secretary may require that any procurement of
property or services described in subsection (b) for the
Department of Defense be made only from a firm in the small
arms production industrial base.
``(b) Covered Property and Services.--Subsection (a)
applies to the following:
``(1) Repair parts for small arms.
``(2) Modifications of parts to improve small arms used by
the armed forces.
``(c) Small Arms Production Industrial Base.--In this
section, the term `small arms production industrial base'
means the firms comprising the small arms production
industrial base, as described in the plan entitled
`Preservation of Critical Elements of the Small Arms
Industrial Base', dated January 8, 1994, that was prepared by
an independent assessment panel of the Army Science Board.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2473. Procurements from the small arms production industrial base.''.
SEC. 833. CABLE TELEVISION FRANCHISE AGREEMENTS.
Based on the advisory opinion from the United States Court
of Federal Claims, In the Matter of the Department of Defense
Cable Television Franchise Agreements, National Defense
Authorization Act for Fiscal Year 1996, Section 823, No. 96-
133X (July 11, 1996)--
(1) cable television franchise agreements for the
construction, installation, or capital improvement of cable
systems at military installations shall be considered
contracts for purposes of the Federal Acquisition Regulation;
(2) cable television operators are entitled to recovery of
their investments at such installations to the extent
authorized in part 49 of the Federal Acquisition Regulation;
and
(3) the appropriate official of the Department of Defense
shall promptly issue a written notice of the termination for
the convenience of the Government of the contracts described
in such advisory opinion and commence settlement negotiations
pursuant to the requirements of part 49 of the Federal
Acquisition Regulation.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Repeal of previously enacted reduction in number of statutory
positions in Office of the Secretary of Defense.
Sec. 902. Additional required reduction in defense acquisition
workforce.
Sec. 903. Reduction of personnel assigned to Office of the Secretary of
Defense.
Sec. 904. Report on military department headquarters staffs.
Sec. 905. Matters to be considered in next assessment of current
missions, responsibilities, and force structure of the
unified combatant commands.
Sec. 906. Transfer of authority to control transportation systems in
time of war.
Sec. 907. Codification of requirements relating to continued operation
of the Uniformed Services University of the Health
Sciences.
Sec. 908. Joint Requirements Oversight Council.
Sec. 909. Membership of the Ammunition Storage Board.
Sec. 910. Removal of Secretary of the Army from membership on the
Foreign Trade Zone Board.
Sec. 911. Composition of aircraft accident investigation boards.
Sec. 912. Mission of the White House Communications Agency.
Subtitle B--Force Structure Review
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Quadrennial Defense Review.
Sec. 924. National Defense Panel.
Sec. 925. Postponement of deadlines.
Sec. 926. Definitions.
Subtitle A--General Matters
SEC. 901. REPEAL OF PREVIOUSLY ENACTED REDUCTION IN NUMBER OF
STATUTORY POSITIONS IN OFFICE OF THE SECRETARY
OF DEFENSE.
Section 903 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 401) is
repealed.
SEC. 902. ADDITIONAL REQUIRED REDUCTION IN DEFENSE
ACQUISITION WORKFORCE.
(a) Additional Reductions for Fiscal Year 1997.--Section
906(d) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 405) is amended in
paragraph (1) by striking out ``positions during fiscal year
1996'' and all that follows and inserting in lieu thereof
``so that--
``(A) the total number of defense acquisition personnel as
of October 1, 1996, is less than the baseline number by at
least 15,000; and
``(B) the total number of defense acquisition personnel as
of October 1, 1997, is less than the baseline number by at
least 30,000.''.
(b) Baseline Number.--Such section is further amended by
adding at the end the following new paragraph:
``(3) For purposes of this subsection, the term `baseline
number' means the total number of defense acquisition
personnel as of October 1, 1995.''.
SEC. 903. REDUCTION OF PERSONNEL ASSIGNED TO OFFICE OF THE
SECRETARY OF DEFENSE.
(a) Permanent Limitation on OSD Personnel.--Effective
October 1, 1999, the number of OSD personnel may not exceed
75 percent of the baseline number.
(b) Phased Reduction.--The number of OSD personnel--
(1) as of October 1, 1997, may not exceed 85 percent of the
baseline number; and
(2) as of October 1, 1998, may not exceed 80 percent of the
baseline number.
(c) Baseline Number.--For purposes of this section, the
term ``baseline number'' means the number of OSD personnel as
of October 1, 1994.
(d) OSD Personnel Defined.--For purposes of this section,
the term ``OSD personnel'' means military and civilian
personnel of the Department of Defense who are assigned to,
or employed in, functions in the Office of the Secretary of
Defense (including Direct Support Activities of that Office
and the Washington Headquarters Services of the Department of
Defense).
(e) Limitation on Reassignment of Functions.--In carrying
out reductions in the number of personnel assigned to, or
employed in, the Office of the Secretary of Defense in order
to comply with this section, the Secretary of Defense may not
reassign functions solely in order to evade the requirements
contained in this section.
(f) Flexibility.--If the Secretary of Defense determines,
and certifies to Congress, that the limitation in subsection
(b) with respect to any fiscal year would adversely affect
United States national security, the Secretary may waive the
limitation under that subsection with respect to that fiscal
year. If the Secretary of Defense determines, and certifies
to Congress, that the limitation in subsection (a) during
fiscal year 1999 would adversely affect United States
national security, the Secretary may waive the limitation
under that subsection with respect to that fiscal year. The
authority under this subsection may be used only once, with
respect to a single fiscal year.
(g) Repeal of Prior Requirement.--Section 901(d) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 401) is repealed.
SEC. 904. REPORT ON MILITARY DEPARTMENT HEADQUARTERS STAFFS.
(a) Review by Secretary of Defense.--The Secretary of
Defense shall conduct a review of the size, mission,
organization, and functions of the military department
headquarters staffs. This review shall include the following:
(1) An assessment on the adequacy of the present
organization structure to efficiently and effectively support
the mission of the military departments.
(2) An assessment of options to reduce the number of
personnel assigned to the military department headquarters
staffs.
(3) An assessment of the extent of unnecessary duplication
of functions between the Of
[[Page 1969]]
fice of the Secretary of Defense and the military department
headquarters staffs.
(4) An assessment of the possible benefits that could be
derived from further functional consolidation between the
civilian secretariat of the military departments and the
staffs of the military service chiefs.
(5) An assessment of the possible benefits that could be
derived from reducing the number of civilian officers in the
military departments who are appointed by and with the advice
and consent of the Senate.
(b) Report.--Not later than March 1, 1997, the Secretary of
Defense shall submit to the congressional defense committees
a report containing--
(1) the findings and conclusions of the Secretary resulting
from the review under subsection (a); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting
rationale) that would be required as a result of the review.
(c) Reduction in Total Number of Personnel Assigned.--In
developing the plan under subsection (b)(2), the Secretary
shall make every effort to provide for significant reductions
in the overall number of military and civilian personnel
assigned to or serving in the military department
headquarters staffs.
(d) Military Department Headquarters Staffs Defined.--For
the purposes of this section, the term ``military department
headquarters staffs'' means the offices, organizations, and
other elements of the Department of Defense comprising the
following:
(1) The Office of the Secretary of the Army.
(2) The Army Staff.
(3) The Office of the Secretary of the Air Force.
(4) The Air Staff.
(5) The Office of the Secretary of the Navy.
(6) The Office of the Chief of Naval Operations.
(7) Headquarters, Marine Corps.
SEC. 905. MATTERS TO BE CONSIDERED IN NEXT ASSESSMENT OF
CURRENT MISSIONS, RESPONSIBILITIES, AND FORCE
STRUCTURE OF THE UNIFIED COMBATANT COMMANDS.
The Chairman of the Joint Chiefs of Staff shall consider,
as part of the next periodic review by the Chairman of the
missions, responsibilities, and force structure of the
unified combatant commands pursuant to section 161(b) of
title 10, United States Code, the following matters:
(1) Whether there exists an adequate distribution of
threats, mission requirements, and responsibilities for
geographic areas among the regional unified combatant
commands.
(2) Whether reductions in the overall force structure of
the Armed Forces permit the United States to better execute
its warfighting plans through fewer or differently configured
unified combatant commands, including--
(A) a total of five or fewer commands, all of which are
regional;
(B) a total of three commands consisting of an eastward-
oriented command, a westward-oriented command, and a central
command;
(C) a purely functional command structure, involving (for
example) a first theater command, a second theater command, a
logistics command, a special contingencies command, and a
strategic command; or
(D) any other command structure or configuration the
Chairman finds appropriate.
(3) Whether any missions, staff, facilities, equipment,
training programs, or other assets or activities of the
unified combatant commands are redundant.
(4) Whether warfighting requirements are adequate to
justify the current functional commands.
(5) Whether the exclusion of certain nations from the Areas
of Responsibility of the unified combatant commands presents
difficulties with respect to the achievement of United States
national security objectives in those areas.
(6) Whether the current geographic boundary between the
United States Central Command and the United States European
Command through the Middle East could create command
conflicts in the context of a major regional conflict in the
Middle East region.
SEC. 906. TRANSFER OF AUTHORITY TO CONTROL TRANSPORTATION
SYSTEMS IN TIME OF WAR.
(a) Authority of Secretary of Defense.--Section 4742 of
title 10, United States Code, is amended by striking out
``Secretary of the Army'' and inserting in lieu thereof
``Secretary of Defense''.
(b) Transfer of Section.--Such section, as amended by
subsection (a), is transferred to the end of chapter 157 of
such title and is redesignated as section 2644.
(c) Conforming Repeal.--Section 9742 of such title is
repealed.
(d) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 157 of such title is amended by adding
at the end the following new item:
``2644. Control of transportation systems in time of war.''.
(2) The table of sections at the beginning of chapter 447
of such title is amended by striking out the item relating to
section 4742.
(3) The table of sections at the beginning of chapter 947
of such title is amended by striking out the item relating to
section 9742.
SEC. 907. CODIFICATION OF REQUIREMENTS RELATING TO CONTINUED
OPERATION OF THE UNIFORMED SERVICES UNIVERSITY
OF THE HEALTH SCIENCES.
(a) Codification of Existing Law.--(1) Chapter 104 of title
10, United States Code, is amended by inserting after section
2112 the following new section:
``Sec. 2112a. Continued operation of University
``(a) Closure Prohibited.--The University may not be
closed.
``(b) Personnel Strength.--During the five-year period
beginning on October 1, 1996, the personnel staffing levels
for the University may not be reduced below the personnel
staffing levels for the University as of October 1, 1993.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2112 the following new item:
``2112a. Continued operation of University.''.
(b) Repeal of Superseded Law.--(1) Section 922 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2829; 10 U.S.C. 2112 note) is
amended by striking out subsection (a).
(2) Section 1071 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 445; 10
U.S.C. 2112 note) is amended by striking out subsection (b).
SEC. 908. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
Section 181 of title 10, United States Code, as added
effective January 31, 1997, is amended by adding at the end
the following new subsection:
``(d) Availability of Oversight Information to
Congressional Defense Committees.--(1) The Secretary of
Defense shall ensure that, in the case of a recommendation by
the Chairman to the Secretary that is approved by the
Secretary, oversight information with respect to such
recommendation that is produced as a result of the activities
of the Joint Requirements Oversight Council is made available
in a timely fashion to the congressional defense committees.
``(2) In this subsection:
``(A) The term `oversight information' means information
and materials comprising analysis and justification that are
prepared to support a recommendation that is made to, and
approved by, the Secretary of Defense.
``(B) The term `congressional defense committees' means--
``(i) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(ii) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
SEC. 909. MEMBERSHIP OF THE AMMUNITION STORAGE BOARD.
Section 172(a) of title 10, United States Code, is amended
by striking out ``a joint board of officers selected by
them'' and inserting in lieu thereof ``a joint board selected
by them composed of officers, civilian officers and employees
of the Department of Defense, or both''.
SEC. 910. REMOVAL OF SECRETARY OF THE ARMY FROM MEMBERSHIP ON
THE FOREIGN TRADE ZONE BOARD.
The first section of the Act of June 18, 1934 (Public Law
Numbered 397, Seventy-third Congress; 48 Stat. 998) (19
U.S.C. 81a), popularly known as the ``Foreign Trade Zones
Act'', is amended--
(1) in subsection (b), by striking out ``the Secretary of
the Treasury, and the Secretary of War'' and inserting in
lieu thereof ``and the Secretary of the Treasury''; and
(2) in subsection (c), by striking out ``Alaska, Hawaii,''.
SEC. 911. COMPOSITION OF AIRCRAFT ACCIDENT INVESTIGATION
BOARDS.
(a) Selection of Board Members.--(1) Chapter 134 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2255. Aircraft accident investigation boards:
composition requirements
``(a) Required Membership of Boards.--Whenever the
Secretary of a military department convenes an aircraft
accident investigation board to conduct an accident
investigation (as described in section 2254(a)(2) of this
title) with respect to a Class A accident involving an
aircraft under the jurisdiction of the Secretary, the
Secretary shall select the membership of the board so that--
``(1) a majority of the members (or in the case of a board
consisting of a single member, the member) is selected from
units other than the mishap unit or a unit subordinate to the
mishap unit; and
``(2) in the case of a board consisting of more than one
member, at least one member of the board is a member of the
armed forces or an officer or an employee of the Department
of Defense who possesses knowledge and expertise relevant to
aircraft accident investigations.
``(b) Exception.--(1) The Secretary of the military
department concerned may waive the requirement of subsection
(a)(1) in the case of an aircraft accident if the Secretary
determines that--
``(A) it is not practicable to meet the requirement because
of--
``(i) the remote location of the aircraft accident;
``(ii) an urgent need to promptly begin the investigation;
or
``(iii) a lack of available persons outside of the mishap
unit who have adequate knowledge and expertise regarding the
type of aircraft involved in the accident; and
``(B) the objectivity and independence of the aircraft
accident investigation board will not be compromised.
``(2) The Secretary shall notify Congress of a waiver
exercised under this subsection and the reasons therefor.
``(c) Consultation Requirement.--In the case of an aircraft
accident investigation board consisting of a single member,
the
[[Page 1970]]
member shall consult with a member of the armed forces or an
officer or an employee of the Department of Defense who
possesses knowledge and expertise relevant to aircraft
accident investigations.
``(d) Designation of Class A Accidents.--Not later than 60
days after an aircraft accident involving an aircraft under
the jurisdiction of the Secretary of a military department,
the Secretary shall determine whether the aircraft accident
should be designated as a Class A accident for purposes of
this section.
``(e) Definitions.--In this section:
``(1) The term `Class A accident' means an accident
involving an aircraft that results in--
``(A) the loss of life or permanent disability;
``(B) damages to the aircraft, other property, or a
combination of both, in an amount in excess of the amount
specified by the Secretary of Defense for purposes of
determining Class A accidents; or
``(C) the destruction of the aircraft.
``(2) The term `mishap unit', with respect to an aircraft
accident investigation, means the unit of the armed forces
(at the squadron or battalion level or equivalent) to which
was assigned the flight crew of the aircraft that sustained
the accident that is the subject of the investigation.''.
(2) The table of sections at the beginning of subchapter II
of such chapter is amended by adding at the end the following
new item:
``2255. Aircraft accident investigation boards: composition
requirements.''.
(b) Effective Date.--Section 2255 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to any aircraft accident investigation board convened
by the Secretary of a military department after the end of
the six-month period beginning on the date of the enactment
of this Act.
SEC. 912. MISSION OF THE WHITE HOUSE COMMUNICATIONS AGENCY.
(a) Telecommunications Support.--The Secretary of Defense
shall ensure that the activities of the White House
Communications Agency in providing support services on a
nonreimbursable basis for the President from funds
appropriated for the Department of Defense for any fiscal
year are limited to the provision of telecommunications
support to the President and Vice President and to related
elements (as defined in regulations of that agency and
specified by the President with respect to particular
individuals within those related elements).
(b) Other Support.--Support services other than
telecommunications support services described in subsection
(a) may be provided by the Department of Defense for the
President through the White House Communications Agency on a
reimbursable basis.
(c) White House Communications Agency.--For purposes of
this section, the term ``White House Communications Agency''
means the element of the Department of Defense within the
Defense Communications Agency that is known on the date of
the enactment of this Act as the White House Communications
Agency and includes any successor agency.
(d) Report on Issues Raised by DOD Inspector General Review
of White House Communications Agency.--Not later than October
1, 1996, or 30 days after the date of the enactment of this
Act, whichever is later, the Secretary of Defense shall
submit to Congress a report setting forth the actions taken
by the Secretary to address the issues raised by the report
of the Department of Defense Inspector General reviewing the
mission of the White House Communications Agency.
(e) Quarterly Reports During Fiscal Year 1997.--Not later
than 30 days after the end of each quarter of fiscal year
1997, the Secretary of Defense shall submit to Congress a
report describing the support services other than
telecommunications support services described in subsection
(a) that were provided during the preceding quarter by the
Department of Defense for the President through the White
House Communications Agency.
(f) Effective Date.--This section takes effect on October
1, 1997, and applies to funds appropriated for the Department
of Defense for any fiscal year after fiscal year 1997.
Subtitle B--Force Structure Review
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ``Military Force
Structure Review Act of 1996''.
SEC. 922. FINDINGS.
Congress makes the following findings:
(1) Since the collapse of the Soviet Union in 1991, the
United States has conducted two substantial assessments of
the force structure of the Armed Forces necessary to meet
United States defense requirements.
(2) The assessment by the Bush Administration (known as the
``Base Force'' assessment) and the assessment by the Clinton
Administration (known as the ``Bottom-Up Review'') were
intended to reassess the force structure of the Armed Forces
in light of the changing realities of the post-Cold War
world.
(3) Both assessments served an important purpose in
focusing attention on the need to reevaluate the military
posture of the United States, but the pace of global change
necessitates a new, comprehensive assessment of the defense
strategy of the United States and the force structure of the
Armed Forces required to meet the threats to the United
States in the twenty-first century.
(4) The Bottom-Up Review has been criticized on several
points, including--
(A) the assumptions underlying the strategy of planning to
fight and win two nearly simultaneous major regional
conflicts;
(B) the force levels recommended to carry out that
strategy; and
(C) the funding proposed for such recommended force levels.
(5) In response to the recommendations of the Commission on
Roles and Missions of the Armed Forces, the Secretary of
Defense endorsed the concept of conducting a quadrennial
review of the defense program at the beginning of each newly
elected Presidential administration, and the Department
intends to complete the first such review in 1997.
(6) The review is to involve a comprehensive examination of
defense strategy, the force structure of the active, guard,
and reserve components, force modernization plans,
infrastructure, and other elements of the defense program and
policies in order to determine and express the defense
strategy of the United States and to establish a revised
defense program through the year 2005.
(7) In order to ensure that the force structure of the
Armed Forces is adequate to meet the challenges to the
national security interests of the United States in the
twenty-first century, to assist the Secretary of Defense in
conducting the review referred to in paragraph (5), and to
assess the appropriate force structure of the Armed Forces
through the year 2010 and beyond (if practicable), it is
important to provide for the conduct of an independent,
nonpartisan review of the force structure that is more
comprehensive than prior assessments of the force structure,
extends beyond the quadrennial defense review, and explores
innovative and forward-thinking ways of meeting such
challenges.
SEC. 923. QUADRENNIAL DEFENSE REVIEW.
(a) Requirement in 1997.--The Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
shall complete in 1997 a review of the defense program of the
United States intended to satisfy the requirements for a
Quadrennial Defense Review as identified in the
recommendations of the Commission on Roles and Missions of
the Armed Forces. The review shall include a comprehensive
examination of the defense strategy, force structure, force
modernization plans, infrastructure, budget plan, and other
elements of the defense program and policies with a view
toward determining and expressing the defense strategy of the
United States and establishing a revised defense program
through the year 2005.
(b) Involvement of National Defense Panel.--(1) The
Secretary shall apprise the National Defense Panel
established under section 924, on an ongoing basis, of the
work undertaken in the conduct of the review.
(2) Not later than March 14, 1997, the Chairman of the
National Defense Panel shall submit to the Secretary the
Panel's assessment of work undertaken in the conduct of the
review as of that date and shall include in the assessment
the recommendations of the Panel for improvements to the
review, including recommendations for additional matters to
be covered in the review.
(c) Assessments of Review.--Upon completion of the review,
the Chairman of the Joint Chiefs of Staff and the Chairman of
the National Defense Panel, on behalf of the Panel, shall
each prepare and submit to the Secretary such chairman's
assessment of the review in time for the inclusion of the
assessment in its entirety in the report under subsection
(d).
(d) Report.--Not later than May 15, 1997, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a comprehensive report on the review. The
report shall include the following:
(1) The results of the review, including a comprehensive
discussion of the defense strategy of the United States and
the force structure best suited to implement that strategy.
(2) The threats examined for purposes of the review and the
scenarios developed in the examination of such threats.
(3) The assumptions used in the review, including
assumptions relating to the cooperation of allies and
mission-sharing, levels of acceptable risk, warning times,
and intensity and duration of conflict.
(4) The effect on the force structure of preparations for
and participation in peace operations and military operations
other than war.
(5) The effect on the force structure of the utilization by
the Armed Forces of technologies anticipated to be available
by the year 2005, including precision guided munitions,
stealth, night vision, digitization, and communications, and
the changes in doctrine and operational concepts that would
result from the utilization of such technologies.
(6) The manpower and sustainment policies required under
the defense strategy to support engagement in conflicts
lasting more than 120 days.
(7) The anticipated roles and missions of the reserve
components in the defense strategy and the strength,
capabilities, and equipment necessary to assure that the
reserve components can capably discharge those roles and
missions.
(8) The appropriate ratio of combat forces to support
forces (commonly referred to as the ``tooth-to-tail'' ratio)
under the defense strategy, including, in particular, the
appropriate number and size of headquarter units and Defense
Agencies for that purpose.
(9) The air-lift and sea-lift capabilities required to
support the defense strategy.
[[Page 1971]]
(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the defense strategy
for conflict deterrence and adequate military response to
anticipated conflicts.
(11) The extent to which resources must be shifted among
two or more theaters under the defense strategy in the event
of conflict in such theaters.
(12) The advisability of revisions to the Unified Command
Plan as a result of the defense strategy.
(13) Any other matter the Secretary considers appropriate.
SEC. 924. NATIONAL DEFENSE PANEL.
(a) Establishment.--Not later than December 1, 1996, the
Secretary of Defense shall establish a nonpartisan,
independent panel to be known as the National Defense Panel
(in this section referred to as the ``Panel''). The Panel
shall have the duties set forth in this section.
(b) Membership.--The Panel shall be composed of a chairman
and eight other individuals appointed by the Secretary, in
consultation with the chairman and ranking member of the
Committee on Armed Services of the Senate and the chairman
and ranking member of the Committee on National Security of
the House of Representatives, from among individuals in the
private sector who are recognized experts in matters relating
to the national security of the United States.
(c) Duties.--The Panel shall--
(1) conduct and submit to the Secretary the assessment of
the review under section 923 that is required by subsection
(b)(2) of that section;
(2) conduct and submit to the Secretary the comprehensive
assessment of the review that is required by subsection (c)
of that section upon completion of the review; and
(3) conduct the assessment of alternative force structures
for the Armed Forces required under subsection (d).
(d) Alternative Force Structure Assessment.--(1) The Panel
shall submit to the Secretary an independent assessment of a
variety of possible force structures of the Armed Forces
through the year 2010 and beyond, including the force
structure identified in the report on the review under
section 923(d). The purpose of the assessment is to develop
proposals for an ``above the line'' force structure of the
Armed Forces and to provide the Secretary and Congress
recommendations regarding the optimal force structure to meet
anticipated threats to the national security of the United
States through the time covered by the assessment.
(2) In conducting the assessment, the Panel shall examine a
variety of potential threats (including near-term threats and
long-term threats) to the national security interests of the
United States, including the following:
(A) Conventional threats across a spectrum of conflicts.
(B) The proliferation of weapons of mass destruction and
the means of delivering such weapons, and the illicit
transfer of technology relating to such weapons.
(C) The vulnerability of United States technology to
nontraditional threats, including information warfare.
(D) Domestic and international terrorism.
(E) The emergence of a major potential adversary having
military capabilities similar to those of the United States.
(F) Any other significant threat, or combination of
threats, identified by the Panel.
(3) For purposes of the assessment, the Panel shall develop
a variety of scenarios requiring a military response by the
United States, including the following:
(A) Scenarios developed in light of the threats examined
under paragraph (2).
(B) Scenarios developed in light of a continuum of
conflicts ranging from a conflict of lesser magnitude than
the conflict described in the Bottom-Up Review to a conflict
of greater magnitude than the conflict so described.
(4) As part of the assessment, the Panel shall also--
(A) develop recommendations regarding a variety of force
structures for the Armed Forces that permit the forward
deployment of sufficient air, land, and sea-based forces to
provide an effective deterrent to conflict and to permit a
military response by the United States to the scenarios
developed under paragraph (3);
(B) to the extent practicable, estimate the funding
required by fiscal year, in constant fiscal year 1997
dollars, to organize, equip, and support the forces
contemplated under the force structures assessed in the
assessment; and
(C) comment on each of the matters also to be included by
the Secretary in the report required by section 923(d).
(e) Report.--(1) Not later than December 1, 1997, the Panel
shall submit to the Secretary a report setting forth the
activities and the findings and recommendations of the Panel
under subsection (d), including any recommendations for
legislation that the Panel considers appropriate.
(2) Not later than December 15, 1997, the Secretary shall,
after consultation with the Chairman of the Joint Chiefs of
Staff, submit to the committees referred to in subsection (b)
a copy of the report under paragraph (1), together with the
Secretary's comments on the report.
(f) Information From Federal Agencies.--The Panel may
secure directly from the Department of Defense and any of its
components and from any other Federal department and agency
such information as the Panel considers necessary to carry
out its duties under this section. The head of the department
or agency concerned shall ensure that information requested
by the Panel under this subsection is promptly provided.
(g) Personnel Matters.--(1) Each member of the Panel shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Panel.
(2) The members of the Panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Panel.
(3)(A) The chairman of the Panel may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director, and a staff of not more than four
additional individuals, if the Panel determines that an
executive director and staff are necessary in order for the
Panel to perform its duties effectively. The employment of an
executive director shall be subject to confirmation by the
Panel.
(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the
Panel without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
The Secretary shall ensure that sufficient personnel are
detailed to the Panel to enable the Panel to carry out its
duties effectively.
(5) To the maximum extent practicable, the members and
employees of the Panel shall travel on military aircraft,
military ships, military vehicles, or other military
conveyances when travel is necessary in the performance of a
duty of the Panel, except that no such aircraft, ship,
vehicle, or other conveyance may be scheduled primarily for
the transportation of any such member or employee when the
cost of commercial transportation is less expensive.
(h) Administrative Provisions.--(1) The Panel may use the
United States mails and obtain printing and binding services
in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(2) The Secretary shall furnish the Panel any
administrative and support services requested by the Panel.
(3) The Panel may accept, use, and dispose of gifts or
donations of services or property.
(i) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of
the Panel shall be paid out of funds available to the
Department of Defense for the payment of compensation, travel
allowances, and per diem allowances, respectively, of
civilian employees of the Department. The other expenses of
the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by
the Department.
(j) Termination.--The Panel shall terminate 30 days after
the date on which the Panel submits its report to the
Secretary under subsection (e).
SEC. 925. POSTPONEMENT OF DEADLINES.
If the Presidential election in 1996 results in the
election of a new President, each deadline set forth in this
subtitle shall be postponed by three months.
SEC. 926. DEFINITIONS.
In this subtitle:
(1) The term `` `above the line' force structure of the
Armed Forces'' means the force structure (including numbers,
strengths, and composition and major items of equipment) for
the Armed Forces at the following unit levels:
(A) In the case of the Army, the division.
(B) In the case of the Navy, the battle group.
(C) In the case of the Air Force, the wing.
(D) In the case of the Marine Corps, the expeditionary
force.
(E) In the case of special operations forces of the Army,
Navy, or Air Force, the major operating unit.
(F) In the case of the strategic forces, the ballistic
missile submarine fleet, the heavy bomber force, and the
intercontinental ballistic missile force.
(2) The term ``Commission on Roles and Missions of the
Armed Forces'' means the Commission on Roles and Missions of
the Armed Forces established by subtitle E of title IX of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1738; 10 U.S.C. 111 note).
(3) The term ``military operation other than war'' means
any operation other than war that requires the utilization of
the military capabilities of the Armed Forces, including
peace operations, humanitarian assistance operations and
activities, counter-terrorism operations and activities,
disaster relief activities, and counter-drug operations and
activities.
(4) The term ``peace operations'' means military operations
in support of diplomatic efforts to reach long-term political
settlements of conflicts and includes peacekeeping operations
and peace enforcement operations.
[[Page 1972]]
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authority for obligation of certain unauthorized fiscal year
1996 defense appropriations.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1996.
Sec. 1005. Format for budget requests for Navy/Marine Corps and Air
Force ammunition accounts.
Sec. 1006. Format for annual budget requests for Defense Airborne
Reconnaissance Program.
Sec. 1007. Limitation on use of Department of Defense funds transferred
to the Coast Guard.
Sec. 1008. Fisher House Trust Fund for the Department of the Navy.
Sec. 1009. Designation and liability of disbursing and certifying
officials for the Coast Guard.
Sec. 1010. Authority to suspend or terminate collection actions against
deceased members of the Coast Guard.
Sec. 1011. Department of Defense disbursing official check cashing and
exchange transactions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Repeal of requirement for continuous applicability of
contracts for phased maintenance of AE class ships.
Sec. 1022. Funding for second and third maritime prepositioning ships
out of National Defense Sealift Fund.
Sec. 1023. Transfer of certain obsolete tugboats of the Navy.
Sec. 1024. Transfer of U.S.S. Drum to city of Vallejo, California.
Sec. 1025. Sense of Congress concerning USS LCS 102 (LSSL 102).
Subtitle C--Counter-Drug Activities
Sec. 1031. Authority to provide additional support for counter-drug
activities of Mexico.
Sec. 1032. Availability of funds for certain drug interdiction and
counter-drug activities.
Sec. 1033. Transfer of excess personal property to support law
enforcement activities.
Sec. 1034. Sale by Federal departments or agencies of chemicals used to
manufacture controlled substances.
Subtitle D--Reports and Studies
Sec. 1041. Annual report on Operation Provide Comfort and Operation
Enhanced Southern Watch.
Sec. 1042. Annual report on emerging operational concepts.
Sec. 1043. Report on Department of Defense military child care
programs.
Sec. 1044. Report on Department of Defense military youth programs.
Sec. 1045. Quarterly reports regarding coproduction agreements.
Sec. 1046. Report on witness interview procedures for Department of
Defense criminal investigations.
Sec. 1047. Report on military readiness requirements of the Armed
Forces.
Sec. 1048. Report on NATO enlargement.
Subtitle E--Management of Armed Forces Retirement Home
Sec. 1051. Retirement Home Boards of Directors.
Sec. 1052. Acceptance of uncompensated services.
Sec. 1053. Disposal of tract of real property in the District of
Columbia.
Subtitle F--Other Matters
Sec. 1061. Policy on protection of national information infrastructure
against strategic attack.
Sec. 1062. Information systems security program.
Sec. 1063. Authority to accept services from foreign governments and
international organizations for defense purposes.
Sec. 1064. Prohibition on collection and release of detailed satellite
imagery relating to Israel.
Sec. 1065. George C. Marshall European Center for Strategic Security
Studies.
Sec. 1066. Authority to award to civilian participants in the defense
of Pearl Harbor the Congressional Medal previously
authorized only for military participants in the defense
of Pearl Harbor.
Sec. 1067. Assimilative crimes authority for traffic offenses on
military installations.
Sec. 1068. Uniform Code of Military Justice amendments.
Sec. 1069. Punishment of interstate stalking.
Sec. 1070. Participation of members, dependents, and other persons in
crime prevention efforts at installations.
Sec. 1071. Display of State flags at installations and facilities of
the Department of Defense.
Sec. 1072. Treatment of excess operational support airlift aircraft.
Sec. 1073. Correction to statutory references to certain Department of
Defense organizations.
Sec. 1074. Technical and clerical amendments.
Sec. 1075. Modification to third-party liability to United States for
tortious infliction of injury or disease on members of
the uniformed services.
Sec. 1076. Chemical Stockpile Emergency Preparedness Program.
Sec. 1077. Exemption from requirements applicable to savings
associations for certain savings institutions serving
military personnel.
Sec. 1078. Improvements to National Security Education Program.
Sec. 1079. Aviation and vessel war risk insurance.
Sec. 1080. Designation of memorial as National D-Day Memorial.
Sec. 1081. Sense of Congress regarding semiconductor trade agreement
between United States and Japan.
Sec. 1082. Agreements for exchange of defense personnel between the
United States and foreign countries.
Sec. 1083. Sense of Senate regarding Bosnia and Herzegovina.
Sec. 1084. Defense burdensharing.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1997
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
of Defense may transfer under the authority of this section
may not exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee of conference to accompany the
conference report on the bill H.R. 3230 of the One Hundred
Fourth Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED
FISCAL YEAR 1996 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may
be obligated and expended for programs, projects, and
activities of the Department of Defense in accordance with
fiscal year 1996 defense appropriations.
(b) Covered Amounts.--The amounts referred to in subsection
(a) are the amounts provided for programs, projects, and
activities of the Department of Defense in fiscal year 1996
defense appropriations that are in excess of the amounts
provided for such programs, projects, and activities in
fiscal year 1996 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1996 defense appropriations.--The term
``fiscal year 1996 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1996 in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61).
(2) Fiscal year 1996 defense authorizations.--The term
``fiscal year 1996 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense
for fiscal year 1996 in the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106).
SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 1996.
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 1996 in the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106)
are hereby adjusted, with respect to any
[[Page 1973]]
such authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a
supplemental appropriation) or decreased (by a rescission),
or both, in the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134).
SEC. 1005. FORMAT FOR BUDGET REQUESTS FOR NAVY/MARINE CORPS
AND AIR FORCE AMMUNITION ACCOUNTS.
Section 114 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) In each budget submitted by the President to Congress
under section 1105 of title 31, amounts requested for
procurement of ammunition for the Navy and Marine Corps, and
for procurement of ammunition for the Air Force, shall be set
forth separately from other amounts requested for
procurement.''.
SEC. 1006. FORMAT FOR ANNUAL BUDGET REQUESTS FOR DEFENSE
AIRBORNE RECONNAISSANCE PROGRAM.
(a) Separate Display Required.--The Secretary of Defense
shall ensure that in the budget justification documents for
any fiscal year there are set forth separately the amount
requested for research, development, test, and evaluation,
and the amount requested for procurement, for each program
area within the Defense Airborne Reconnaissance Program.
(b) Program Areas Within Defense Airborne Reconnaissance
Program.--For purposes of subsection (a), the programs of the
Defense Airborne Reconnaissance Program shall be categorized
as being within one of the following areas:
(1) Tactical unmanned aerial vehicles.
(2) Endurance unmanned aerial vehicles.
(3) Airborne reconnaissance systems.
(4) Manned reconnaissance systems.
(5) Distributed common ground systems.
(6) Any additional program area established by the
Secretary of Defense.
(c) Budget Justification Documents.--For purposes of
subsection (a), the term ``budget justification documents''
means the supporting budget documentation submitted to the
congressional defense committees in support of the budget of
the Department of Defense for a fiscal year as included in
the budget of the President submitted under section 1105 of
title 31, United States Code, for that fiscal year.
SEC. 1007. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS
TRANSFERRED TO THE COAST GUARD.
(a) Limitation to National Security Functions.--Funds
appropriated to the Department of Defense for fiscal year
1997 that are transferred pursuant to law to the Coast Guard
may be used only for the performance of national security
functions of the Coast Guard in support of the Department of
Defense.
(b) Certification Required.--Funds appropriated to the
Department of Defense for fiscal year 1997 may not be
transferred to the Coast Guard until the Secretary of Defense
and the Secretary of Transportation jointly certify to
Congress that the funds so transferred will be used only in
accordance with the limitation in subsection (a).
(c) Periodic GAO Audits.--The Comptroller General of the
United States shall--
(1) audit, from time to time, the use of funds transferred
to the Coast Guard from appropriations for the Department of
Defense for fiscal year 1997 in order to verify that those
funds are being used in accordance with the limitation in
subsection (a); and
(2) notify the congressional defense committees of any use
of those funds that, in the judgment of the Comptroller
General, is a violation of that limitation.
SEC. 1008. FISHER HOUSE TRUST FUND FOR THE DEPARTMENT OF THE
NAVY.
(a) Authority.--Section 2221 of title 10, United States
Code, is amended--
(1) by adding at the end of subsection (a) the following:
``(3) The Fisher House Trust Fund, Department of the
Navy.'';
(2) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Amounts in the Fisher House Trust Fund, Department of
the Navy, that are attributable to earnings or gains realized
from investments shall be available for the operation and
maintenance of Fisher houses that are located in proximity to
medical treatment facilities of the Navy.''; and
(3) in subsection (d)(1), by striking out ``or the Air
Force'' and inserting in lieu thereof ``, the Air Force, or
the Navy''.
(b) Corpus of Trust Funds.--The Secretary of the Navy shall
transfer to the Fisher House Trust Fund, Department of the
Navy, established by section 2221(a)(3) of title 10, United
States Code (as added by subsection (a)(1)), all amounts in
the accounts for Navy installations and other facilities
that, as of the date of the enactment of this Act, are
available for operation and maintenance of Fisher houses, as
defined in section 2221(d) of such title.
(c) Conforming Amendments.--Section 1321 of title 31,
United States Code, is amended--
(1) by adding at the end of subsection (a) the following:
``(94) Fisher House Trust Fund, Department of the Navy.'';
and
(2) by adding at the end of subsection (b)(2) the
following:
``(D) Fisher House Trust Fund, Department of the Navy.''.
SEC. 1009. DESIGNATION AND LIABILITY OF DISBURSING AND
CERTIFYING OFFICIALS FOR THE COAST GUARD.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31,
United States Code, is amended by adding at the end the
following:
``(3) The Department of Transportation (with respect to
public money available for expenditure by the Coast Guard
when it is not operating as a service in the Navy).''.
(2)(A) Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 673. Designation, powers, and accountability of deputy
disbursing officials
``(a)(1) Subject to paragraph (3), a disbursing official of
the Coast Guard may designate a deputy disbursing official--
``(A) to make payments as the agent of the disbursing
official;
``(B) to sign checks drawn on disbursing accounts of the
Secretary of the Treasury; and
``(C) to carry out other duties required under law.
``(2) The penalties for misconduct that apply to a
disbursing official apply to a deputy disbursing official
designated under this subsection.
``(3) A disbursing official may make a designation under
paragraph (1) only with the approval of the Secretary of
Transportation (when the Coast Guard is not operating as a
service in the Navy).
``(b)(1) If a disbursing official of the Coast Guard dies,
becomes disabled, or is separated from office, a deputy
disbursing official may continue the accounts and payments in
the name of the former disbursing official until the last day
of the second month after the month in which the death,
disability, or separation occurs. The accounts and payments
shall be allowed, audited, and settled as provided by law.
The Secretary of the Treasury shall honor checks signed in
the name of the former disbursing official in the same way as
if the former disbursing official had continued in office.
``(2) The deputy disbursing official, and not the former
disbursing official or the estate of the former disbursing
official, is liable for the actions of the deputy disbursing
official under this subsection.
``(c)(1) Except as provided in paragraph (2), this section
does not apply to the Coast Guard when section 2773 of title
10 applies to the Coast Guard by reason of the operation of
the Coast Guard as a service in the Navy.
``(2) A designation of a deputy disbursing official under
subsection (a) that is made while the Coast Guard is not
operating as a service in the Navy continues in effect for
purposes of section 2773 of title 10 while the Coast Guard
operates as a service in the Navy unless and until the
designation is terminated by the disbursing official who made
the designation or an official authorized to approve such a
designation under subsection (a)(3) of such section.''.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``673. Designation, powers, and accountability of deputy disbursing
officials.''.
(b) Designation of Members of the Armed Forces To Have
Authority To Certify Vouchers.--Section 3325(b) of title 31,
United States Code, is amended by striking out ``members of
the armed forces under the jurisdiction of the Secretary of
Defense may certify vouchers when authorized, in writing, by
the Secretary to do so'' and inserting in lieu thereof
``members of the armed forces may certify vouchers when
authorized, in writing, by the Secretary of Defense or, in
the case of the Coast Guard when it is not operating as a
service in the Navy, by the Secretary of Transportation''.
(c) Conforming Amendments.--(1) Section 1007(a) of title
37, United States Code, is amended by inserting after
``Secretary of Defense'' the following: ``(or the Secretary
of Transportation, in the case of an officer of the Coast
Guard when the Coast Guard is not operating as a service in
the Navy)''.
(2) Section 3527(b)(1) of title 31, United States Code, is
amended--
(A) in subparagraph (A)(i), by inserting after ``Department
of Defense'' the following: ``(or the Secretary of
Transportation, in the case of a disbursing official of the
Coast Guard when the Coast Guard is not operating as a
service in the Navy)''; and
(B) in subparagraph (B), by inserting after ``or the
Secretary of the appropriate military department'' the
following: ``(or the Secretary of Transportation, in the case
of a disbursing official of the Coast Guard when the Coast
Guard is not operating as a service in the Navy)''.
SEC. 1010. AUTHORITY TO SUSPEND OR TERMINATE COLLECTION
ACTIONS AGAINST DECEASED MEMBERS OF THE COAST
GUARD.
Section 3711(g) of title 31, United States Code, is
amended--
(1) in paragraph (1), by striking out ``or Marine Corps''
and inserting in lieu thereof ``Marine Corps, or Coast Guard
during a period when the Coast Guard is operating as a
service in the Navy'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of Transportation may suspend or
terminate an action by the Secretary under subsection (a) to
collect a claim against the estate of a person who died while
serving on active duty as a member of the Coast Guard if the
Secretary determines that, under the circumstances applicable
[[Page 1974]]
with respect to the deceased person, it is appropriate to do
so.''.
SEC. 1011. DEPARTMENT OF DEFENSE DISBURSING OFFICIAL CHECK
CASHING AND EXCHANGE TRANSACTIONS.
Section 3342(b) of title 31, United States Code, is
amended--
(1) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof a semicolon;
(2) by striking out ``and'' at the end of paragraph (5);
(3) by striking out the period at the end of paragraph (6)
and inserting in lieu thereof ``; or''; and
(4) by adding at the end the following new paragraph:
``(7) a Federal credit union (as defined in section 101(1)
of the Federal Credit Union Act (12 U.S.C. 1752(1)) that at
the request of the Secretary of Defense is operating on a
United States military installation in a foreign country, but
only if that country does not permit contractor-operated
military banking facilities to operate on such
installations.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. REPEAL OF REQUIREMENT FOR CONTINUOUS APPLICABILITY
OF CONTRACTS FOR PHASED MAINTENANCE OF AE CLASS
SHIPS.
Section 1016 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 425) is
repealed.
SEC. 1022. FUNDING FOR SECOND AND THIRD MARITIME
PREPOSITIONING SHIPS OUT OF NATIONAL DEFENSE
SEALIFT FUND.
(a) National Defense Sealift Fund.--To the extent provided
in appropriations Acts, funds in the National Defense Sealift
Fund may be obligated and expended for the purchase and
conversion, or construction, of a total of three ships for
the purpose of enhancing Marine Corps prepositioning ship
squadrons.
(b) Authorization of Appropriations.--Of the amount
authorized to be appropriated under section 302(2),
$240,000,000 is authorized to be appropriated for the purpose
stated in subsection (a).
SEC. 1023. TRANSFER OF CERTAIN OBSOLETE TUGBOATS OF THE NAVY.
(a) Requirement To Transfer Vessels.--The Secretary of the
Navy shall transfer the six obsolete tugboats of the Navy
specified in subsection (b) to the Northeast Wisconsin
Railroad Transportation Commission, an instrumentality of the
State of Wisconsin, if the Secretary determines that the
tugboats are not needed for transfer, donation, or other
disposal under title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
(b) Vessels Covered.--The requirement in subsection (a)
applies to the six decommissioned Cherokee class tugboats,
listed as of the date of the enactment of this Act as being
surplus to the Navy, that are designated as ATF-105, ATF-110,
ATF-149, ATF-158, ATF-159, and ATF-160.
(c) Condition Relating to Environmental Compliance.--The
Secretary shall require as a condition of the transfer of a
vessel under subsection (a) that use of the vessel by the
Commission not commence until the terms of any necessary
environmental compliance letter or agreement with respect to
that vessel have been complied with.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions (including a
requirement that the transfer be at no cost to the
Government) in connection with the transfers required by
subsection (a) as the Secretary considers appropriate.
SEC. 1024. TRANSFER OF U.S.S. DRUM TO CITY OF VALLEJO,
CALIFORNIA.
(a) Transfer.--The Secretary of the Navy shall transfer the
U.S.S. Drum (SSN-677) to the city of Vallejo, California, in
accordance with this section and upon satisfactory completion
of a ship donation application. Before making such transfer,
the Secretary of the Navy shall remove from the vessel the
reactor compartment and other classified and sensitive
military equipment.
(b) Funding.--As provided in section 7306(c) of title 10,
United States Code, the transfer of the vessel authorized by
this section shall be made at no cost to the United States
(beyond the cost which the United States would otherwise
incur for dismantling and recycling of the vessel).
(c) Applicable Law.--The transfer under this section shall
be subject to subsection (b) of section 7306 of title 10,
United States Code, but the provisions of subsection (d) of
such section shall not be applicable to such transfer.
SEC. 1025. SENSE OF CONGRESS CONCERNING USS LCS 102 (LSSL
102).
It is the sense of Congress that the Secretary of Defense
should use existing authorities in law to seek the
expeditious return, upon completion of service, of the former
USS LCS 102 (LSSL 102) from the Government of Thailand in
order for the ship to be transferred to the United States
Shipbuilding Museum in Quincy, Massachusetts.
Subtitle C--Counter-Drug Activities
SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF MEXICO.
(a) Authority To Provide Additional Support.--Subject to
subsection (e), during fiscal year 1997, the Secretary of
Defense may provide the Government of Mexico with the support
described in subsection (b) for the counter-drug activities
of the Government of Mexico. The support provided under the
authority of this subsection shall be in addition to support
provided to the Government of Mexico under any other
provision of law.
(b) Types of Support.--The authority under subsection (a)
is limited to the provision of the following types of
support:
(1) The transfer of non-lethal protective and utility
personnel equipment.
(2) The transfer of the following nonlethal specialized
equipment:
(A) Navigation equipment.
(B) Secure and nonsecure communications equipment.
(C) Photo equipment.
(D) Radar equipment.
(E) Night vision systems.
(F) Repair equipment and parts for equipment referred to in
subparagraphs (A), (B), (C), (D), and (E).
(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment),
firmware, and software for aircraft or patrol boats, and
related repair equipment.
(4) The maintenance and repair of equipment of the
Government of Mexico that is used for counter-drug
activities.
(c) Applicability of Other Support Authorities.--Except as
otherwise provided in this section, the provisions of section
1004 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 374 note) shall
apply to the provision of support under this section.
(d) Funding.--Of the amount authorized to be appropriated
under section 301(19) for drug interdiction and counter-drug
activities, not more than $8,000,000 shall be available for
the provision of support under this section.
(e) Limitations.--(1) The Secretary may not obligate or
expend funds to provide support under this section until 15
days after the date on which the Secretary submits to the
committees referred to in paragraph (3) the certification
described in paragraph (2).
(2) The certification referred to in paragraph (1) is a
written certification of the following:
(A) That the provision of support under this section will
not adversely affect the military preparedness of the United
States Armed Forces.
(B) That the equipment and materiel provided as support
will be used only by officials and employees of the
Government of Mexico who have undergone a background check by
that government.
(C) That the Government of Mexico has certified to the
Secretary that--
(i) the equipment and material provided as support will be
used only by the officials and employees referred to in
subparagraph (B);
(ii) none of the equipment or materiel will be transferred
(by sale, gift, or otherwise) to any person or entity not
authorized by the United States to receive the equipment or
materiel; and
(iii) the equipment and materiel will be used only for the
purposes intended by the United States Government.
(D) That the Government of Mexico has implemented, to the
satisfaction of the Secretary, a system that will provide an
accounting and inventory of the equipment and materiel
provided as support.
(E) That the departments, agencies, and instrumentalities
of the Government of Mexico will grant United States
Government personnel access to any of the equipment or
materiel provided as support, or to any of the records
relating to such equipment or materiel, under terms and
conditions similar to the terms and conditions imposed with
respect to such access under section 505(a)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2314(a)(3)).
(F) That the Government of Mexico will provide security
with respect to the equipment and materiel provided as
support that is substantially the same degree of security
that the United States Government would provide with respect
to such equipment and materiel.
(G) That the Government of Mexico will permit continuous
observation and review by United States Government personnel
of the use of the equipment and materiel provided as support
under terms and conditions similar to the terms and
conditions imposed with respect to such observation and
review under section 505(a)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2314(a)(3)).
(3) The committees referred to in this paragraph are the
following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on National Security and the Committee on
International Relations of the House of Representatives.
SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG
INTERDICTION AND COUNTER-DRUG ACTIVITIES.
(a) P-3B Aircraft.--Of the funds authorized to be
appropriated under section 301(19) for drug interdiction and
counter-drug activities, not more than $98,000,000 may be
used for the purpose of procuring or modifying two P-3B
aircraft for use by departments and agencies of the United
States outside the Department of Defense for drug
interdiction and counter-drug activities. However, funds may
not be obligated for such purpose until the Secretary of
Defense submits to the congressional defense committees a
certification that the procurement or modification of such
aircraft and the use of such aircraft by other departments or
agencies of the United States will significantly reduce the
level of support that would otherwise be required of E-3
AWACS aircraft as part of the drug interdiction and counter-
drug mission of the Department of Defense.
[[Page 1975]]
(b) Nonintrusive Inspection Devices.--Of the funds
authorized to be appropriated under section 301(19) for drug
interdiction and counter-drug activities, not more than
$10,000,000 may be used to procure three nonintrusive
inspection devices for use by departments and agencies of the
United States outside the Department of Defense for drug
interdiction and counter-drug activities.
(c) Authority To Transfer Equipment.--The Secretary of
Defense may transfer to the head of any department or agency
of the United States outside the Department of Defense any
equipment procured or modified under this section with funds
referred to in this section.
SEC. 1033. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT
LAW ENFORCEMENT ACTIVITIES.
(a) Transfer Authority.--(1) Chapter 153 of title 10,
United States Code, is amended by inserting after section
2576 the following new section:
``Sec. 2576a. Excess personal property: sale or donation for
law enforcement activities
``(a) Transfer Authorized.--(1) Notwithstanding any other
provision of law and subject to subsection (b), the Secretary
of Defense may transfer to Federal and State agencies
personal property of the Department of Defense, including
small arms and ammunition, that the Secretary determines is--
``(A) suitable for use by the agencies in law enforcement
activities, including counter-drug and counter-terrorism
activities; and
``(B) excess to the needs of the Department of Defense.
``(2) The Secretary shall carry out this section in
consultation with the Attorney General and the Director of
National Drug Control Policy.
``(b) Conditions for Transfer.--The Secretary of Defense
may transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense;
``(2) the recipient accepts the property on an as-is,
where-is basis;
``(3) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(4) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the
Secretary may transfer personal property under this section
without charge to the recipient agency.
``(d) Preference for Certain Transfers.--In considering
applications for the transfer of personal property under this
section, the Secretary shall give a preference to those
applications indicating that the transferred property will be
used in the counter-drug or counter-terrorism activities of
the recipient agency.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2576 the following new item:
``2576a. Excess personal property: sale or donation for law enforcement
activities.''.
(b) Conforming Amendments.--(1) Section 1208 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 10 U.S.C. 372 note) is repealed.
(2) Section 1005 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1630) is
amended by striking out ``section 1208 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (10
U.S.C. 372 note) and section 372'' and inserting in lieu
thereof ``sections 372 and 2576a''.
SEC. 1034. SALE BY FEDERAL DEPARTMENTS OR AGENCIES OF
CHEMICALS USED TO MANUFACTURE CONTROLLED
SUBSTANCES.
(a) DEA Certification.--The Controlled Substances Act is
amended by inserting after section 519 (21 U.S.C. 889) the
following new section:
``SEC. 520. REVIEW OF FEDERAL SALES OF CHEMICALS USABLE TO
MANUFACTURE CONTROLLED SUBSTANCES.
``A Federal department or agency may not sell from the
stocks of the department or agency any chemical which, as
determined by the Administrator of the Drug Enforcement
Administration, could be used in the manufacture of a
controlled substance unless the Administrator certifies in
writing to the head of the department or agency that there is
no reasonable cause to believe that the sale of the chemical
would result in the illegal manufacture of a controlled
substance.''.
(b) Clerical Amendment.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(84 Stat. 1236) is amended by inserting after the item
relating to section 519 the following new item:
``Sec. 520. Review of Federal sales of chemicals usable to manufacture
controlled substances.''.
Subtitle D--Reports and Studies
SEC. 1041. ANNUAL REPORT ON OPERATION PROVIDE COMFORT AND
OPERATION ENHANCED SOUTHERN WATCH.
(a) Annual Report.--Not later than March 1 of each year,
the Secretary of Defense shall submit to Congress a report on
Operation Provide Comfort and Operation Enhanced Southern
Watch.
(b) Matters Relating to Operation Provide Comfort.--Each
report under subsection (a) shall include, with respect to
Operation Provide Comfort, the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for that operation
during the fiscal year in which the report is submitted and
projected for the following fiscal year, together with a
discussion of missions and functions expected to be performed
by the Department as part of that operation during each of
those fiscal years.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to that
operation during each of those fiscal years.
(3) A discussion of options being pursued to reduce the
involvement of the Department of Defense in those aspects of
that operation that are not directly related to the military
mission of the Department of Defense.
(4) A discussion of the exit strategy for United States
involvement in, and support for, that operation.
(5) A description of alternative approaches to
accomplishing the mission of that operation that are designed
to limit the scope and cost to the Department of Defense of
accomplishing that mission while maintaining mission success.
(6) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(7) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Kurdish
population in northern Iraq.
(c) Matters Relating to Operation Enhanced Southern
Watch.--Each report under subsection (a) shall include, with
respect to Operation Enhanced Southern Watch, the following:
(1) The expected duration and annual costs of the various
elements of that operation.
(2) The political and military objectives associated with
that operation.
(3) The contributions (both in-kind and actual) by other
nations to the costs of conducting that operation.
(4) A description of alternative approaches to
accomplishing the mission of that operation that are designed
to limit the scope and cost of accomplishing that mission
while maintaining mission success.
(5) A comprehensive discussion of the political and
military objectives and initiatives that the Department of
Defense has pursued, and intends to pursue, in order to
reduce United States involvement in that operation.
(6) A detailed presentation of significant Iraqi military
activity (including specific violations of the no-fly zone)
determined to jeopardize the security of the Shiite
population by air attack in southern Iraq or to jeopardize
the security of Kuwait.
(d) Termination of Report Requirement.--The requirement
under subsection (a) shall cease to apply with respect to an
operation named in that subsection upon the termination of
United States involvement in that operation.
(e) Definitions.--For purposes of this section:
(1) Operation enhanced southern watch.--The term
``Operation Enhanced Southern Watch'' means the operation of
the Department of Defense that as of October 30, 1995, is
designated as Operation Enhanced Southern Watch.
(2) Operation provide comfort.--The term ``Operation
Provide Comfort'' means the operation of the Department of
Defense that as of October 30, 1995, is designated as
Operation Provide Comfort.
SEC. 1042. ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) Report Required.--Not later than March 1 of each year
through 2000, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
on emerging operational concepts. Each such report shall be
prepared by the Secretary in consultation with the Chairman
of the Joint Chiefs of Staff.
(b) Matters To Be Included.--Each such report shall contain
a description, for the year preceding the year in which the
report is submitted, of the following:
(1) The process undertaken in the Department of Defense,
and in each of the Army, Navy, Air Force, and Marine Corps,
to define and develop doctrine, operational concepts,
organizational concepts, and acquisition strategies to
address--
(A) the potential of emerging technologies for
significantly improving the operational effectiveness of the
Armed Forces;
(B) changes in the international order that may necessitate
changes in the operational capabilities of the Armed Forces;
(C) emerging capabilities of potential adversary states;
and
(D) changes in defense budget projections.
(2) The manner in which the processes described in
paragraph (1) are harmonized to ensure that there is a
sufficient consideration of the development of joint
doctrine, operational concepts, and acquisition strategies.
(3) The manner in which the processes described in
paragraph (1) are coordinated through the Joint Requirements
Oversight Council and reflected in the planning, programming,
and budgeting process of the Department of Defense.
SEC. 1043. REPORT ON DEPARTMENT OF DEFENSE MILITARY CHILD
CARE PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense should be congratulated on
the successful implementa
[[Page 1976]]
tion of the Military Child Care Act of 1989 (originally
enacted as title XV of Public Law 101-189 and subsequently
codified as subchapter II of chapter 88 of title 10, United
States Code).
(2) The actions taken by the Department as a result of that
Act have dramatically improved the availability,
affordability, quality, and consistency of the child-care
services provided to members of the Armed Forces.
(3) Child care is important to the readiness of members of
the Armed Forces since single parents and couples in military
service must have access to affordable child care of good
quality if they are to perform their jobs and respond
effectively to long work hours or deployments.
(4) Child care is important to the retention of members of
the Armed Forces in military service because the
dissatisfaction of the families of such members with military
life is a primary reason for the departure of such members
from military service.
(b) Sense of Congress Related to Military-Civilian Child-
Care Partnership Programs.--It is the sense of Congress
that--
(1) the civilian and military child-care communities,
Federal, State, and local agencies, and businesses and
communities involved in the provision of child-care services
could benefit from the development of partnerships to foster
an exchange of ideas, information, and materials relating to
their experiences with the provision of such services and to
encourage closer relationships between military installations
and the communities that support them;
(2) such partnerships would be beneficial to all families
by helping providers of child-care services exchange ideas
about innovative ways to address barriers to the effective
provision of such services; and
(3) there are many ways that such partnerships could be
developed, including--
(A) cooperation between the directors and curriculum
specialists of military child development centers and
civilian child development centers in assisting such centers
in the accreditation process;
(B) use of family support staff to conduct parent and
family workshops for new parents and parents with young
children in family housing on military installations and in
communities in the vicinity of such installations;
(C) internships in Department of Defense child-care
programs for civilian child-care providers to broaden the
base of good-quality child-care services in communities in
the vicinity of military installations; and
(D) attendance by civilian child-care providers at
Department child-care training classes on a space-available
basis.
(c) Report.--Not later than June 30, 1997, the Secretary of
Defense shall submit to Congress a report on the status of
any partnerships and other initiatives undertaken by the
Department of Defense as described in subsection (b),
including recommendations for additional ways to improve the
child-care programs of the Department of Defense and to
improve such programs so as to benefit civilian child-care
providers in communities in the vicinity of military
installations.
SEC. 1044. REPORT ON DEPARTMENT OF DEFENSE MILITARY YOUTH
PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) Programs of the Department of Defense for youth who are
dependents of members of the Armed Forces have not received
the same level of attention and resources as have child care
programs of the Department since the passage of the Military
Child Care Act of 1989 (originally enacted as title XV of
Public Law 101-189 and subsequently codified as subchapter II
of chapter 88 of title 10, United States Code).
(2) Older children deserve as much attention to their
developmental needs as do younger children.
(3) The Department has started to direct more attention to
programs for youths who are dependents of members of the
Armed Forces by providing funds for the implementation of 20
model community programs to address the needs of such youths.
(4) The lessons learned from such programs could apply to
civilian youth programs as well.
(b) Sense of Congress Related to Military-Civilian Youth
Partnership Programs.--It is the sense of Congress that--
(1) the Department of Defense, Federal, State, and local
agencies, and businesses and communities involved in
conducting youth programs could benefit from the development
of partnerships to foster an exchange of ideas, information,
and materials relating to such programs and to encourage
closer relationships between military installations and the
communities that support them;
(2) such partnerships could be beneficial to all families
by helping the providers of services for youths exchange
ideas about innovative ways to address barriers to the
effective provision of such services; and
(3) there are many ways that such partnerships could be
developed, including--
(A) cooperation between the Department and Federal and
State educational agencies in exploring the use of public
school facilities for child care programs and youth programs
that are mutually beneficial to the Department and civilian
communities and complement programs of the Department carried
out at its facilities; and
(B) improving youth programs that enable adolescents to
relate to new peer groups when families of members of the
Armed Forces are relocated.
(c) Report.--Not later than June 30, 1997, the Secretary of
Defense shall submit to Congress a report on the status of
any partnerships and other initiatives undertaken by the
Department as described in subsection (b), including
recommendations for additional ways to improve the youth
programs of the Department of Defense and to improve such
programs so as to benefit communities in the vicinity of
military installations.
SEC. 1045. QUARTERLY REPORTS REGARDING COPRODUCTION
AGREEMENTS.
(a) Quarterly Reports on Coproduction Agreements.--Section
36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is
amended--
(1) by striking out ``and'' at the end of paragraph (10);
(2) by striking out the period at the end of paragraph (11)
and inserting in lieu thereof ``; and''; and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12) a report on all concluded government-to-government
agreements regarding foreign coproduction of defense articles
of United States origin and all other concluded agreements
involving coproduction or licensed production outside of the
United States of defense articles of United States origin
(including coproduction memoranda of understanding or
agreement) that have not been previously reported under this
subsection, which shall include--
``(A) the identity of the foreign countries, international
organizations, or foreign firms involved;
``(B) a description and the estimated value of the articles
authorized to be produced, and an estimate of the quantity of
the articles authorized to be produced;
``(C) a description of any restrictions on third party
transfers of the foreign-manufactured articles; and
``(D) if any such agreement does not provide for United
States access to and verification of quantities of articles
produced overseas and their disposition in the foreign
country, a description of alternative measures and controls
incorporated in the coproduction or licensing program to
ensure compliance with restrictions in the agreement on
production quantities and third party transfers.''.
(b) Effective Date.--Paragraph (12) of section 36(a) of the
Arms Export Control Act, as added by subsection (a)(3), does
not apply with respect to an agreement described in such
paragraph entered into before the date of the enactment of
this Act.
SEC. 1046. REPORT ON WITNESS INTERVIEW PROCEDURES FOR
DEPARTMENT OF DEFENSE CRIMINAL INVESTIGATIONS.
(a) Survey of Military Department Policies and Practices.--
The Comptroller General of the United States shall conduct a
survey of the policies and practices of the Naval Criminal
Investigative Service with respect to the manner in which
interviews of suspects and witnesses are conducted in
connection with criminal investigations of allegations of
contractor fraud. The purpose of the survey shall be to
ascertain whether or not investigators and agents of the
Naval Criminal Investigative Service conduct investigations
of contractor fraud in accordance with generally accepted
Federal law enforcement standards and applicable law.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the
Senate a report concerning the survey under subsection (a).
The report shall specifically address the following:
(1) The extent to which investigators of the Naval Criminal
Investigative Service investigators and agents of the Naval
Criminal Investigative Service conduct investigations of
contractor fraud in accordance with generally accepted
federal law enforcement standards and applicable law.
(2) The extent to which the interview policies established
by Department of Defense directives or Navy regulations are
adequate to instruct and guide investigators in the proper
conduct of subject and witness interviews.
(3) The desirability and feasibility of providing for video
and audio recording of interviews and, if recording is
desirable, the circumstances under which recordings should be
made.
(4) The desirability and feasibility of making such
recordings or written transcriptions of interviews, or both,
available on demand to the subject or witness interviewed.
(5) The extent to which existing Department of Defense
directives and Navy regulations address the carrying and
display of weapons by agents, together with an assessment of
whether any change in any such directive or regulation is
necessary.
(6) The extent to which existing Department of Defense
directives and Navy regulations provide guidance to agents to
ensure that the agents' conduct and demeanor is in accordance
with generally accepted federal law enforcement standards and
applicable law.
(7) Any recommendation for legislation to ensure that
investigators and agents of the Naval Criminal Investigative
Service use legal and proper tactics during interviews in
connection with criminal investigations of allegations of
contractor fraud.
SEC. 1047. REPORT ON MILITARY READINESS REQUIREMENTS OF THE
ARMED FORCES.
(a) Report Required.--Not later than January 31, 1997, the
Secretary of Defense shall
[[Page 1977]]
submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report on the military readiness
requirements of the active and reserve components of the
Armed Forces, including specific combat units, combat support
units, and combat service support units. Based on the
assessment scenario described in subsection (c), the report
shall assess such readiness requirements under a tiered
readiness and response system that categorizes a given unit
of the Armed Forces according to the likelihood that the unit
will be required to respond to a military conflict and the
time in which the unit will be required to respond.
(b) Preparation of Report.--The Chairman of the Joint
Chiefs of Staff, together with the other members of the Joint
Chiefs of Staff specified in section 151(a) of title 10,
United States Code, shall prepare the report required by
subsection (a). The Chairman of the Joint Chiefs of Staff
shall consult with the Commander of the Special Operations
Command in the preparation of the report.
(c) Assessment Scenario.--The report shall assess readiness
requirements in a scenario based on the following
assumptions:
(1) The conflict is in a generic theater of operations
located anywhere in the world and does not exceed the
notional limits for a major regional conflict.
(2) The forces available for deployment include the forces
described in the Bottom Up Review force structure, including
all planned force enhancements.
(3) Assistance is not available from allies.
(d) Assessment Elements.--The report shall identify by unit
type and component, and assess the readiness requirements of,
all active and reserve component units. Each such unit shall
be categorized within one of the following classifications:
(1) Forward-deployed and crisis response forces, or ``Tier
I'' forces, that possess limited internal sustainment
capability and do not require immediate access to regional
air bases or ports or overflight rights, including the
following:
(A) Force units that are routinely deployed forward at sea
or on land outside the United States.
(B) Combat-ready crises response forces that are capable of
mobilizing and deploying within 10 days after receipt of
orders.
(C) Forces that are supported by prepositioning equipment
afloat or are capable of being inserted into a theater upon
the capture of a port or airfield by forcible entry forces.
(2) Combat-ready follow-on forces, or ``Tier II'' forces,
that can be mobilized and deployed to a theater within
approximately 60 days after receipt of orders.
(3) Combat-ready conflict resolution forces, or ``Tier
III'' forces, that can be mobilized and deployed to a theater
within approximately 180 days after receipt of orders.
(4) All other active and reserve component force units
which are not categorized within a classification described
in paragraph (1), (2), or (3).
(e) Additional Information Regarding Certain Units.--With
regard to each unit that is not categorized within a
classification described in paragraph (1), (2), or (3) of
subsection (d), the report shall include--
(1) a description of the mission and mobilization or
deployment schedule (or both) of the unit in connection with
the requirements of the assessment scenario and the combat
readiness requirements of the Armed Forces; or
(2) an identification of the unit as excess to the needs of
the national military strategy and the reasons therefor.
(f) Form of Report.--The report under this section shall be
submitted in unclassified form but may contain a classified
annex.
SEC. 1048. REPORT ON NATO ENLARGEMENT.
(a) Report.--Not later than February 1, 1997, the President
shall transmit to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on National Security and the Committee on
International Relations of the House of Representatives a
report on the enlargement of the North Atlantic Treaty
Organization. The report shall contain a comprehensive
discussion of the following:
(1) Geopolitical and financial costs and benefits,
including financial savings, associated with--
(A) enlargement of the North Atlantic Treaty Organization;
(B) further delays in the process of enlargement of the
North Atlantic Treaty Organization; and
(C) a failure to enlarge the North Atlantic Treaty
Organization.
(2) Additional North Atlantic Treaty Organization and
United States military expenditures requested by prospective
members of the North Atlantic Treaty Organization to
facilitate their admission into the North Atlantic Treaty
Organization.
(3) Modifications necessary in the military strategy of the
North Atlantic Treaty Organization and force structure
required by the inclusion of new members and steps necessary
to integrate new members, including the role of nuclear and
conventional capabilities, reinforcement, force deployments,
prepositioning of equipment, mobility, and headquarter
locations.
(4) The relationship between enlargement of the North
Atlantic Treaty Organization and transatlantic stability and
security.
(5) The state of military preparedness and interoperability
of Central and Eastern European nations as it relates to the
responsibilities of membership of the North Atlantic Treaty
Organization and additional security costs or benefits that
may accrue to the United States from enlargement of the North
Atlantic Treaty Organization.
(6) The state of democracy and free market development as
it affects the preparedness of Central and Eastern European
nations for the responsibilities of membership of the North
Atlantic Treaty Organization, including civilian control of
the military, the rule of law, human rights, and
parliamentary oversight.
(7) The state of relations between prospective members of
the North Atlantic Treaty Organization and their neighbors,
steps taken by prospective members to reduce tensions, and
mechanisms for the peaceful resolution of border disputes.
(8) The commitment of prospective members of the North
Atlantic Treaty Organization to the principles of the North
Atlantic Treaty and the security of the North Atlantic area.
(9) The effect of enlargement of the North Atlantic Treaty
Organization on the political, economic, and security
conditions of European Partnership for Peace nations not
among the first new members of the North Atlantic Treaty
Organization.
(10) The relationship between enlargement of the North
Atlantic Treaty Organization and EU enlargement and the costs
and benefits of both.
(11) The relationship between enlargement of the North
Atlantic Treaty Organization and treaties relevant to United
States and European security, such as the Conventional Armed
Forces in Europe Treaty.
(12) The anticipated impact both of enlargement of the
North Atlantic Treaty Organization and further delays of
enlargement on Russian foreign and defense policies and the
costs and benefits of a security relationship between the
North Atlantic Treaty Organization and Russia.
(b) Interpretation.--Nothing in this section shall be
interpreted or construed to affect the implementation of the
NATO Participation Act of 1994 (title II of Public Law 103-
447; 22 U.S.C. 1928 note), or any other program or activity
which facilitates or assists prospective members of the North
Atlantic Treaty Organization.
Subtitle E--Management of Armed Forces Retirement Home
SEC. 1051. RETIREMENT HOME BOARDS OF DIRECTORS.
(a) Additional Term of Office.--Subsection (e) of section
1515 of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 415) is amended by adding at the end the following new
paragraph:
``(3) The chairman of the Retirement Home Board may appoint
a member of the Retirement Home Board for a second
consecutive term. The chairman of a Local Board may appoint a
member of that Local Board for a second consecutive term.''.
(b) Early Expiration of Term.--(1) Subsection (f) of such
section is amended to read as follows:
``(f) Early Expiration of Term.--A member of the Armed
Forces or Federal civilian employee who is appointed as a
member of the Retirement Home Board or a Local Board may
serve as a board member only so long as the member of the
Armed Forces or Federal civilian employee is assigned to or
serving in the duty position that gave rise to the
appointment as a board member.''.
(2) The amendment made by this subsection shall not affect
the staggered terms of members of the Armed Forces Retirement
Home Board or a Local Board of the Retirement Home under
section 1515(f) of such Act, as such section is in effect
before the date of the enactment of this Act.
(c) Annual Evaluation of Directors.--Section 1517 of such
Act (24 U.S.C. 417) is amended by striking out subsection (f)
and inserting in lieu thereof the following:
``(f) Annual Evaluation of Directors.--The chairman of the
Retirement Home Board shall annually evaluate the performance
of the Directors and shall make such recommendations to the
Secretary of Defense as the chairman considers appropriate in
light of the evaluation.''.
SEC. 1052. [S582 HR] ACCEPTANCE OF UNCOMPENSATED SERVICES.
(a) Authority.--Part A of the Armed Forces Retirement Home
Act of 1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et
seq.) is amended by adding at the end the following new
section:
``SEC. 1522. AUTHORITY TO ACCEPT CERTAIN UNCOMPENSATED
SERVICES.
``(a) Authority To Accept Services.--Subject to subsection
(b) and notwithstanding section 1342 of title 31, United
States Code, the Chairman of the Retirement Home Board or the
Director of each establishment of the Retirement Home may
accept from any person voluntary personal services or
gratuitous services unless the acceptance of the voluntary
services is disapproved by the Retirement Home Board.
``(b) Requirements and Limitations.--(1) The Chairman of
the Retirement Home Board or the Director of the
establishment accepting the services shall notify the person
of the scope of the services accepted.
``(2) The Chairman or Director shall--
``(A) supervise the person providing the services to the
same extent as that official would supervise a compensated
employee providing similar services; and
``(B) ensure that the person is licensed, privileged, has
appropriate credentials, or is otherwise qualified under
applicable laws or regulations to provide such services.
``(3) A person providing services accepted under subsection
(a) may not--
[[Page 1978]]
``(A) serve in a policymaking position of the Retirement
Home; or
``(B) be compensated for the services by the Retirement
Home.
``(c) Authority To Recruit and Train Persons Providing
Services.--The Chairman of the Retirement Home Board or the
Director of an establishment of the Retirement Home may
recruit and train persons to provide services authorized to
be accepted under subsection (a).
``(d) Status of Persons Providing Services.--(1) Subject to
paragraph (3), while providing services accepted under
subsection (a) or receiving training under subsection (c), a
person shall be considered to be an employee of the Federal
Government only for purposes of the following provisions of
law:
``(A) Subchapter I of chapter 81 of title 5, United States
Code (relating to compensation for work-related injuries).
``(B) Chapter 171 of title 28, United States Code (relating
to claims for damages or loss).
``(2) A person providing services accepted under subsection
(a) shall be considered to be an employee of the Federal
Government under paragraph (1) only with respect to services
that are within the scope of the services accepted.
``(3) For purposes of determining the compensation for
work-related injuries payable under chapter 81 of title 5,
United States Code (pursuant to this subsection) to a person
providing services accepted under subsection (a), the monthly
pay of the person for such services shall be deemed to be the
amount determined by multiplying--
``(A) the average monthly number of hours that the person
provided the services, by
``(B) the minimum wage determined in accordance with
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).
``(e) Reimbursement of Incidental Expenses.--The Chairman
of the Retirement Board or the Director of the establishment
accepting services under subsection (a) may provide for
reimbursement of a person for incidental expenses incurred by
the person in providing the services accepted under
subsection (a). The Chairman or Director shall determine
which expenses qualify for reimbursement under this
subsection.''.
(b) Federal Status of Residents Paid for Part-Time or
Intermittent Services.--Paragraph (2) of section 1521(b) of
the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
421(b)) is amended to read as follows:
``(2) being an employee of the United States for any
purpose other than--
``(A) subchapter I of chapter 81 of title 5, United States
Code (relating to compensation for work-related injuries);
and
``(B) chapter 171 of title 28, United States Code (relating
to claims for damages or loss).''.
SEC. 1053. DISPOSAL OF TRACT OF REAL PROPERTY IN THE DISTRICT
OF COLUMBIA.
(a) Disposal Authorized.--Notwithstanding title II the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.), title VIII of such Act (40 U.S.C. 531 et
seq.), section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411), or any other provision of
law relating to the management and disposal of real property
by the United States, the Armed Forces Retirement Home Board
may convey, by sale or otherwise, all right, title, and
interest of the United States in a parcel of real property,
including improvements thereon, consisting of approximately
49 acres located in Washington, District of Columbia, east of
North Capitol Street, and recorded as District Parcel 121/19.
(b) Manner, Terms, and Conditions of Disposal.--The Armed
Forces Retirement Home Board may determine--
(1) the manner for the disposal of the real property under
subsection (a); and
(2) the terms and conditions for the conveyance of that
property, including any terms and conditions that the Board
considers necessary to protect the interests of the United
States.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Armed Forces Retirement Home Board. The cost of the
survey shall be borne by the party or parties to which the
property is to be conveyed.
(d) Congressional Notification.--(1) Before disposing of
real property under subsection (a), the Armed Forces
Retirement Home Board shall notify the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives of the proposed disposal. The
Board may not dispose of the real property until the later
of--
(A) the date that is 60 days after the date on which the
notification is received by the committees; or
(B) the date of the next day following the expiration of
the first period of 30 days of continuous session of Congress
that follows the date on which the notification is received
by the committees.
(2) For the purposes of paragraph (1)--
(A) continuity of session is broken only by an adjournment
of Congress sine die; and
(B) the days on which either House is not in session
because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of time
in which Congress is in continuous session.
Subtitle F--Other Matters
SEC. 1061. POLICY ON PROTECTION OF NATIONAL INFORMATION
INFRASTRUCTURE AGAINST STRATEGIC ATTACK.
(a) Report Requirement.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report setting forth a national policy on
protecting the national information infrastructure against
strategic attack.
(b) Matters To Be Included.--The policy described in the
report shall include the following:
(1) Plans to meet essential Government and civilian needs
during a national security emergency associated with a
strategic attack on elements of the national information
infrastructure the functioning of which depend on networked
computer systems.
(2) The identification of information infrastructure
functions that must be performed during such an emergency.
(3) The assignment of responsibilities to Federal
departments and agencies, and a description of the roles of
Government and industry, relating to indications and warning
of, assessment of, response to, and reconstitution after,
potential strategic attacks on the elements of the national
information infrastructure described under paragraph (1).
(c) Unresolved Issues.--The report shall also identify--
(1) matters relating to the national policy described in
the report that, as of the submission of the report, are in
need of further study and resolution, such as technology and
funding shortfalls; and
(2) legal and regulatory considerations relating to the
national policy.
(d) Update of Earlier Report.--The report shall include an
update of the report required to be submitted to Congress
pursuant to section 1053 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 440).
SEC. 1062. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) Allocation.--Of the amounts appropriated for the
Department of Defense for the Defense Information
Infrastructure for each of fiscal years 1999 through 2002,
the Secretary of Defense shall allocate to the information
systems security program (program element 0303140K) amounts
as follows:
(1) For fiscal year 1999, 2.5 percent.
(2) For fiscal year 2000, 3.0 percent.
(3) For fiscal year 2001, 3.5 percent.
(4) For fiscal year 2002, 4.0 percent.
(b) Relationship to Other Amounts.--Amounts allocated under
subsection (a) are in addition to amounts appropriated to the
National Security Agency and the Defense Advanced Research
Projects Agency for development of information security
systems, acquisition of information security systems, and
operation of information security systems.
(c) Report.--Not later than November 15, 1997, the
Secretary of Defense shall submit to the congressional
defense committees and the congressional intelligence
committees a report on information security activities of the
Department of Defense. The report shall describe--
(1) the objectives of the Secretary with respect to
information security and the strategy of the Secretary
(including the strategy with respect to funding) during
fiscal years 1999 through 2002 to achieve those objectives;
(2) how the Secretary intends to manage and allocate the
funds required by subsection (a) to be allocated to the
information systems security program; and
(3) if the Secretary determines that a funding plan for the
information systems security program for fiscal years 1999
through 2002 other than that specified in subsection (a) is
appropriate, the alternative funding plan proposed by the
Secretary.
(d) Defense Information Infrastructure.--For purposes of
this section, the Defense Information Infrastructure is the
web of communications networks, computers, software,
databases, applications, data security services, and other
capabilities that meets the information processing and
transport needs of Department of Defense users.
SEC. 1063. AUTHORITY TO ACCEPT SERVICES FROM FOREIGN
GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS FOR
DEFENSE PURPOSES.
Section 2608(a) of title 10, United States Code, is amended
by inserting before the period at the end the following:
``and may accept from any foreign government or international
organization any contribution of services made by such
foreign government or international organization for use by
the Department of Defense''.
SEC. 1064. PROHIBITION ON COLLECTION AND RELEASE OF DETAILED
SATELLITE IMAGERY RELATING TO ISRAEL.
(a) Collection and Dissemination.--A department or agency
of the United States may issue a license for the collection
or dissemination by a non-Federal entity of satellite imagery
with respect to Israel only if such imagery is no more
detailed or precise than satellite imagery of Israel that is
available from commercial sources.
(b) Declassification and Release.--A department or agency
of the United States may declassify or otherwise release
satellite imagery with respect to Israel only if such imagery
is no more detailed or precise than satellite imagery of
Israel that is available from commercial sources.
SEC. 1065. GEORGE C. MARSHALL EUROPEAN CENTER FOR STRATEGIC
SECURITY STUDIES.
(a) Authority To Accept Foreign Gifts and Donations.--(1)
The Secretary of Defense may, on behalf of the George C.
Marshall European Center for Strategic Security Studies (in
this section referred to as the ``Marshall Center''), accept
foreign gifts or donations in order to defray the costs of,
or enhance the operation of, the Marshall Center.
[[Page 1979]]
(2) Funds received by the Secretary under paragraph (1)
shall be credited to appropriations available for the
Department of Defense for the Marshall Center. Funds so
credited shall be merged with the appropriations to which
credited and shall be available for the Marshall Center for
the same purposes and same period as the appropriations with
which merged.
(3) The Secretary of Defense shall notify Congress if the
total amount of money accepted under paragraph (1) exceeds
$2,000,000 in any fiscal year. Any such notice shall list
each of the contributors of such amounts and the amount of
each contribution in such fiscal year.
(4) For purposes of this subsection, a foreign gift or
donation is a gift or donation of funds, materials (including
research materials), property, or services (including lecture
services and faculty services) from a foreign government, a
foundation or other charitable organization in a foreign
country, or an individual in a foreign country.
(b) Marshall Center Participation By Foreign Nations.--(1)
Notwithstanding any other provision of law, the Secretary of
Defense may authorize participation by a European or Eurasian
nation in Marshall Center programs if the Secretary
determines, after consultation with the Secretary of State,
that such participation is in the national interest of the
United States.
(2) Not later than January 31 of each year, the Secretary
of Defense shall submit to Congress a report setting forth
the names of the foreign nations permitted to participate in
programs of the Marshall Center during the preceding year
under paragraph (1). Each such report shall be prepared by
the Secretary with the assistance of the Director of the
Marshall Center.
(c) Exemptions for Members of Marshall Center Board of
Visitors From Certain Requirements.--(1) In the case of any
person invited to serve without compensation on the Marshall
Center Board of Visitors, the Secretary of Defense may waive
any requirement for financial disclosure that would otherwise
apply to that person solely by reason of service on such
Board.
(2) Notwithstanding any other provision of law, a member of
the Marshall Center Board of Visitors may not be required to
register as an agent of a foreign government solely by reason
of service as a member of the Board.
(3) Notwithstanding section 219 of title 18, United States
Code, a non-United States citizen may serve on the Marshall
Center Board of Visitors even though registered as a foreign
agent.
SEC. 1066. AUTHORITY TO AWARD TO CIVILIAN PARTICIPANTS IN THE
DEFENSE OF PEARL HARBOR THE CONGRESSIONAL MEDAL
PREVIOUSLY AUTHORIZED ONLY FOR MILITARY
PARTICIPANTS IN THE DEFENSE OF PEARL HARBOR.
(a) Authority.--The Speaker of the House of Representatives
and the President pro tempore of the Senate are authorized
jointly to present, on behalf of Congress, a bronze medal
provided for under section 1492 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1721) to any person who meets the eligibility
requirements set forth in subsection (d) of that section
other than the requirement for membership in the Armed
Forces, as certified under subsection (e) of that section or
under subsection (b) of this section.
(b) Certification.--The Secretary of Defense shall, not
later than 12 months after the date of the enactment of this
Act, certify to the Speaker of the House of Representatives
and the President pro tempore of the Senate the names of
persons who are eligible for award of the medal under this
Act and have not previously been certified under section
1492(e) of the National Defense Authorization Act for Fiscal
Year 1991.
(c) Applications.--Subsections (d)(2) and (f) of section
1492 of the National Defense Authorization Act for Fiscal
Year 1991 shall apply in the administration of this section.
(d) Additional Striking Authority.--The Secretary of the
Treasury shall strike such additional medals as may be
necessary for presentation under the authority of subsection
(a).
(e) Authorization of Appropriations.--There is authorized
to be appropriated such sum as may be necessary to carry out
this section.
(f) Retroactive Effective Date.--The authority under
subsection (a) shall be effective as of November 5, 1990.
SEC. 1067. ASSIMILATIVE CRIMES AUTHORITY FOR TRAFFIC OFFENSES
ON MILITARY INSTALLATIONS.
Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c), is
amended--
(1) by striking out ``Whoever shall violate'' and inserting
in lieu thereof ``(a) Except as provided in subsection (b),
whoever violates'';
(2) by inserting ``than'' after ``not more''; and
(3) by adding at the end the following:
``(b)(1) Whoever violates any military traffic regulation
shall be fined an amount not to exceed the amount of the
maximum fine for a like or similar offense under the criminal
or civil law of the State, territory, possession, or district
where the military installation in which the violation
occurred is located, or imprisoned for not more than 30 days,
or both.
``(2) For purposes of this subsection, the term `military
traffic regulation' means a rule or regulation for the
control of vehicular or pedestrian traffic on military
installations that is promulgated by the Secretary of
Defense, or the designee of the Secretary, under the
authority delegated pursuant to section 2.''.
SEC. 1068. UNIFORM CODE OF MILITARY JUSTICE AMENDMENTS.
(a) Technical Amendment Regarding Forfeitures During
Confinement Adjudged by a Court-martial.--(1) Section
858b(a)(1) of title 10, United States Code (article 58b(a)(1)
of the Uniform Code of Military Justice), is amended--
(A) in the first sentence, by inserting ``(if adjudged by a
general court-martial)'' after ``all pay and''; and
(B) in the third sentence, by striking out ``two-thirds of
all pay and allowances'' and inserting in lieu thereof ``two-
thirds of all pay''.
(2) The amendments made by paragraph (1) shall take effect
as of April 1, 1996, and shall apply to any case in which a
sentence is adjudged by a court-martial on or after that
date.
(b) Excepted Service Appointments to Certain Nonattorney
Positions of the United States Court of Appeals for the Armed
Forces.--(1) Subsection (c) of section 943 of title 10,
United States Code (article 143(c) of the Uniform Code of
Military Justice) is amended in paragraph (1) by inserting
after the first sentence the following: ``A position of
employment under the Court that is provided primarily for the
service of one judge of the court, reports directly to the
judge, and is a position of a confidential character is
excepted from the competitive service.''.
(2) The caption for such subsection is amended by striking
out ``attorney'' and inserting in lieu thereof ``certain''.
(c) Repeal of 13-Year Special Limit on Term of Transitional
Judge of United States Court of Appeals for the Armed
Forces.--(1) Subsection (d)(2) of section 1301 of the
National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1575; 10 U.S.C. 942 note)
is amended by striking out ``to the judges who are first
appointed to the two new positions of the court created as of
October 1, 1990--'' and all that follows and inserting in
lieu thereof ``to the judge who is first appointed to one of
the two new positions of the court created as of October 1,
1990, as designated by the President at the time of
appointment, the anniversary referred to in subparagraph (A)
of that paragraph shall be treated as being the seventh
anniversary and the number of years referred to in
subparagraph (B) of that paragraph shall be treated as being
seven.''.
(2) Subsection (e)(1) of such section is amended by
striking out ``each judge'' and inserting in lieu thereof ``a
judge''.
SEC. 1069. PUNISHMENT OF INTERSTATE STALKING.
(a) In General.--Chapter 110A of title 18, United States
Code, is amended by inserting after section 2261 the
following new section:
``Sec. 2261A. Interstate stalking
``Whoever travels across a State line or within the special
maritime and territorial jurisdiction of the United States
with the intent to injure or harass another person, and in
the course of, or as a result of, such travel places that
person in reasonable fear of the death of, or serious bodily
injury (as defined in section 1365(g)(3) of this title) to,
that person or a member of that person's immediate family (as
defined in section 115 of this title) shall be punished as
provided in section 2261 of this title.''.
(b) Conforming Amendments.--Title 18, United States Code,
is amended as follows:
(1) Section 2261(b) is amended by inserting ``or section
2261A'' after ``this section''.
(2) Sections 2261(b) and 2262(b) are each amended by
striking ``offender's spouse or intimate partner'' each place
it appears and inserting ``victim''.
(3) The chapter heading for chapter 110A is amended by
inserting ``AND STALKING'' after ``VIOLENCE''.
(4) The item relating to chapter 110A in the table of
chapters at the beginning of part I is amended to read as
follows:
``110A. Domestic violence and stalking.....................2261''.....
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 110A of such title is amended by
inserting after the item relating to section 2261 the
following new item:
``2261A. Interstate stalking.''.
SEC. 1070. PARTICIPATION OF MEMBERS, DEPENDENTS, AND OTHER
PERSONS IN CRIME PREVENTION EFFORTS AT
INSTALLATIONS.
(a) Crime Prevention Plan.--The Secretary of Defense shall
prepare and implement an incentive-based plan to encourage
members of the Armed Forces, dependents of members, civilian
employees of the Department of Defense, and employees of
defense contractors performing work at military installations
to report to an appropriate military law enforcement agency
any crime or criminal activity that the person reasonably
believes occurred on a military installation or involves a
member of the Armed Forces.
(b) Incentives to Report Criminal Activity.--The Secretary
of Defense shall include in the plan developed under
subsection (a) incentives for members and other persons
described in such subsection to provide information to
appropriate military law enforcement agencies regarding any
crime or criminal activity occurring on a military
installation or involving a member of the Armed Forces.
(c) Report Regarding Implementation.--Not later than
February 1, 1997, the Sec
[[Page 1980]]
retary shall submit to Congress a report describing the plan
being developed under subsection (a).
SEC. 1071. DISPLAY OF STATE FLAGS AT INSTALLATIONS AND
FACILITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2249b. Display of State flags: prohibition on use of
funds to arbitrarily exclude flag; position and manner of
display
``(a) Prohibition on Use of Funds.--Funds available to the
Department of Defense may not be used to prescribe or enforce
any rule that arbitrarily excludes the official flag of any
State, territory, or possession of the United States from any
display of the flags of the States, territories, and
possessions of the United States at an official ceremony of
the Department of Defense.
``(b) Position and Manner of Display.--The display of an
official flag of a State, territory, or possession of the
United States at an installation or other facility of the
Department shall be governed by the provisions of section 3
of the Joint Resolution of June 22, 1942 (56 Stat. 378,
chapter 435; 36 U.S.C. 175), and any modification of such
provisions under section 8 of that Joint Resolution (36
U.S.C. 178).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter I of such chapter is amended by adding
at the end the following new item:
``2249b. Display of State flags: prohibition on use of funds to
arbitrarily exclude flag; position and manner of
display.''.
SEC. 1072. TREATMENT OF EXCESS OPERATIONAL SUPPORT AIRLIFT
AIRCRAFT.
(a) Reutilization or Sale Before Transfer.--An operational
support airlift aircraft that is excess to the requirements
of the United States shall be placed in an inactive status
and stored at Davis-Monthan Air Force Base, Arizona, only
upon the determination of the Secretary of Defense that all
reasonable efforts for the reutilization of the aircraft by,
or sale of the aircraft to, Federal agencies or other persons
have been completed. The Secretary shall ensure that attempts
to reutilize or sell the entire aircraft are given precedence
over any reutilization or sale of individual parts or
components of the aircraft.
(b) Operational Support Airlift Aircraft Defined.--In this
section, the term ``operational support airlift aircraft''
has the meaning given such term in section 1086(f) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 458).
SEC. 1073. CORRECTION TO STATUTORY REFERENCES TO CERTAIN
DEPARTMENT OF DEFENSE ORGANIZATIONS.
(a) North American Aerospace Defense Command.--Section
162(a) of title 10, United States Code, is amended by
striking out ``North American Air Defense Command'' in
paragraphs (1), (2), and (3) and inserting in lieu thereof
``North American Aerospace Defense Command''.
(b) Former Naval Records and History Office and Fund.--(1)
Section 7222 of title 10, United States Code, is amended by
striking out ``Office of Naval Records and History'' each
place it appears in subsections (a) and (c) and inserting in
lieu thereof ``Naval Historical Center''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 7222. Naval Historical Center Fund''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 631 of title 10, United
States Code, is amended to read as follows:
``7222. Naval Historical Center Fund.''.
(3) Section 2055(g) of the Internal Revenue Code of 1986 is
amended by striking out paragraph (4) and inserting in lieu
thereof the following:
``(4) For treatment of gifts and bequests for the benefit of the
Naval Historical Center as gifts or bequests to or for the use of the
United States, see section 7222 of title 10, United States Code.''.
(c) Defense Distribution Center, Anniston.--The Corporation
for the Promotion of Rifle Practice and Firearms Safety Act
(title XVI of Public Law 104-106; 110 Stat. 515; 36 U.S.C.
5501 et seq.) is amended by striking out ``Anniston Army
Depot'' each place it appears in the following provisions and
inserting in lieu thereof ``Defense Distribution Depot,
Anniston'':
(1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).
(2) Section 1616(b) (36 U.S.C. 5506(b)).
(3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).
(d) Chemical Demilitarization Citizens Advisory
Commissions.--Section 172 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484;
106 Stat. 2341; 50 U.S.C. 1521 note) is amended by striking
out ``Assistant Secretary of the Army (Installations,
Logistics, and Environment)'' in subsections (b) and (f) and
inserting in lieu thereof ``Assistant Secretary of the Army
(Research, Development and Acquisition)''.
(e) Defense Advanced Research Projects Agency.--(1) Each of
the following provisions of law is amended by inserting
``Defense'' before ``Advanced Research Projects Agency'' each
place it appears:
(A) Section 5316 of title 5, United States Code.
(B) Subsections (b), (f), and (i) of section 2371 of title
10, United States Code.
(C) Section 822(c)(1)(D) of Public Law 101-510 (42 U.S.C.
6686).
(D) Section 845(a) of Public Law 103-160 (10 U.S.C. 2371
note).
(E) Section 243(a) of Public Law 103-160 (10 U.S.C. 2431
note).
(F) Sections 1352(c)(2), 1353, and 1354(a) of Public Law
103-160 (10 U.S.C. 2501 note).
(2) The section headings of each of the following sections
are amended by inserting ``defense'' before ``advanced'':
(A) Section 845 of Public Law 103-160 (10 U.S.C. 2371
note).
(B) Sections 1353 and 1354 of Public Law 103-160 (10 U.S.C.
2501 note).
(3) The heading for subsection (a) of section 1354 of
Public Law 103-160 (10 U.S.C. 2501 note) is amended by
striking out ``ARPA'' and inserting in lieu thereof ``DARPA'.
SEC. 1074. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Miscellaneous Amendments to Title 10, United States
Code.--Title 10, United States Code, is amended as follows:
(1) Section 129(a) is amended by striking out ``the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1996'' and inserting in lieu thereof ``February
10, 1996,''.
(2) Section 401 is amended--
(A) in subsection (a)(4), by striking out ``Armed Forces''
both places it appears and inserting in lieu thereof ``armed
forces''; and
(B) in subsection (e), by inserting ``any of the
following'' after ``means''.
(3) Section 528(b) is amended by striking out ``(1)'' after
``(b)'' and inserting ``(1)'' before ``The limitation''.
(4) Section 1078a(a) is amended by striking out ``Beginning
on October 1, 1994, the'' and inserting in lieu thereof
``The''.
(5) Section 1161(b)(2) is amended by striking out ``section
1178'' and inserting in lieu thereof ``section 1167''.
(6) Section 1167 is amended by striking out ``person'' and
inserting in lieu thereof ``member''.
(7) The table of sections at the beginning of chapter 81 is
amended by striking out ``Sec.'' in the item relating to
section 1599a.
(8) Section 1588(d)(1)(C) is amended by striking out
``Section 522a'' and inserting in lieu thereof ``Section
552a''.
(9) Chapter 87 is amended--
(A) in section 1723(a), by striking out the second
sentence;
(B) in section 1724--
(i) in subsection (a), by striking out ``small purchase
threshold'' and inserting in lieu thereof ``simplified
acquisition threshold''; and
(ii) in subsections (a) and (b), by striking out ``,
beginning on October 1, 1993,'';
(C) in section 1733(a), by striking out ``On and after
October 1, 1993, a'' and inserting in lieu thereof ``A''; and
(D) in section 1734--
(i) in subsection (a)(1), by striking out ``, on and after
October 1, 1993,''; and
(ii) in subsection (b)(1)(A), by striking out ``, on and
after October 1, 1991,''.
(10) Section 2216, as added by section 371 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 107 Stat. 277), is redesignated as section 2216a,
and the item relating to that section in the table of
sections at the beginning of chapter 131 is revised so as to
reflect such redesignation.
(11) Section 2305(b)(6) is amended--
(A) in subparagraph (B), by striking out ``of this
section'' and ``of this paragraph'';
(B) in subparagraph (C), by striking out ``this
subsection'' and inserting in lieu thereof ``subparagraph
(A)''; and
(C) in subparagraph (D), by striking out ``pursuant to this
subsection'' and inserting in lieu thereof ``under
subparagraph (A)''.
(12) Section 2306a(h)(3) is amended by inserting ``(41
U.S.C. 403(12))'' before the period at the end.
(13) Section 2323a(a) is amended by striking out ``section
1207 of the National Defense Authorization Act for Fiscal
Year 1987 (10 U.S.C. 2301 note)'' and inserting in lieu
thereof ``section 2323 of this title''.
(14) Section 2534(c)(4) is amended by striking out ``the
date occurring two years after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1996''
and inserting in lieu thereof ``February 10, 1998''.
(15) The table of sections at the beginning of chapter 155
is amended by striking out the item relating to section 2609.
(16) Section 2610(e) is amended by striking out ``two years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996'' and inserting in
lieu thereof ``on February 10, 1998''.
(17) Sections 2824(c) and 2826(i)(1) are amended by
striking out ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996'' and
inserting in lieu thereof ``February 10, 1996''.
(18) Section 3036(d)(3) is amended by striking out ``For
purposes of this subsection,'' and inserting in lieu thereof
``In this subsection,''.
(19) The table of sections at the beginning of chapter 641
is amended by striking out the item relating to section 7434.
(20) Section 7863 is amended by inserting ``were'' in the
first sentence after ``the stores''.
(21) Section 10542(b)(21) is amended by striking out
``261'' and inserting in lieu thereof ``12001''.
(22) Section 12205(a) is amended by striking out ``After
September 30, 1995, no person'' and inserting in lieu thereof
``No person''.
(b) Amendments to Public Law 104-106.--The National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 186 et seq.) is amended as follows:
[[Page 1981]]
(1) Section 561(d)(1) (110 Stat. 322) is amended by
inserting ``of such title'' after ``Section 1405(c)''.
(2) Section 1092(b)(2) (110 Stat. 460) is amended by
striking out the period at the end and inserting in lieu
thereof ``; and''.
(3) Section 4301(a)(1) (110 Stat. 656) is amended by
inserting ``of subsection (a)'' after ``in paragraph (2)''.
(4) Section 5601 (110 Stat. 699) is amended--
(A) in subsection (a), by inserting ``of title 10, United
States Code,'' before ``is amended''; and
(B) in subsection (c), by striking out ``use of equipment
or services if,'' in the second quoted matter therein and
inserting in lieu thereof ``use of the equipment or
services''.
(5) Section 3403 (110 Stat. 631) is amended by striking out
``Act of Fiscal'' and inserting in lieu thereof ``Act for
Fiscal''.
(6) Section 4202(c)(1) (110 Stat. 653) is amended,
effective as of February 10, 1996, by striking out
``purchases of' '' in the first quoted matter therein and
inserting in lieu thereof ``contracts for' ''.
(7) Section 5607(c) (110 Stat. 701) is amended, effective
as of February 10, 1996--
(A) by striking out ``303B(h)'' and by inserting in lieu
thereof ``303B(k)''; and
(B) by striking out ``253b(h)'' and by inserting in lieu
thereof ``253b(k)''.
(c) Provisions Executed Before Enactment of Public Law 104-
106.--
(1) Section 533(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 315)
shall apply as if enacted as of December 31, 1995.
(2) The authority provided under section 942(f) of title
10, United States Code, shall be effective as if section 1142
of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104-106; 110 Stat. 467) had been enacted on
September 29, 1995.
(d) Amendments to Other Acts.--
(1) The last section of the Office of Federal Procurement
Policy Act (41 U.S.C. 434), as added by section 5202 of
Public Law 104-106 (110 Stat. 690), is redesignated as
section 38, and the item appearing after section 34 in the
table of contents in the first section of that Act is
transferred to the end of such table of contents and revised
so as to reflect such redesignation.
(2) Section 1412(g)(2) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)(2)), is amended--
(A) in the matter preceding subparagraph (A), by striking
out ``shall contain--'' and inserting in lieu thereof ``shall
include the following:'';
(B) in subparagraph (A)--
(i) by striking out ``a'' before ``site-by-site'' and
inserting in lieu thereof ``A''; and
(ii) by striking out the semicolon at the end and inserting
in lieu thereof a period; and
(C) in subparagraphs (B) and (C), by striking out ``an'' at
the beginning of the subparagraph and inserting in lieu
thereof ``An''.
(3) Section 3131 of Public Law 99-570 (19 U.S.C. 2081; 100
Stat. 3207-91) is amended in clause (v) of subsection
(a)(1)(A) by striking out ``and (c)'' both places it appears.
(e) Coordination With Other Amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately before the other provisions
of this Act.
(f) Amendments to the Office of Federal Procurement Policy
Act.--The Office of Federal Procurement Policy Act (41 U.S.C.
403 et seq.) is amended as follows:
(1) Section 6(f) (41 U.S.C. 405(f)) is amended by striking
out ``the policies set forth in section 2 or''.
(2) Section 15(a) (41 U.S.C. 413(a)) is amended by striking
out the second sentence.
(3) Section 25 (41 U.S.C. 421) is amended--
(A) in subsection (c)--
(i) in paragraph (3), by striking out ``the policies set
forth in section 2 of this Act or''; and
(ii) in paragraph (5), by striking out ``or the policies
set forth in section 2 of this Act''; and
(B) in subsection (e), by striking out ``the policies of
section 2 and''.
SEC. 1075. MODIFICATION TO THIRD-PARTY LIABILITY TO UNITED
STATES FOR TORTIOUS INFLICTION OF INJURY OR
DISEASE ON MEMBERS OF THE UNIFORMED SERVICES.
(a) Recovery of Pay and Allowances.--The first section of
Public Law 87-693 (42 U.S.C. 2651) is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``or pay for'' after ``required by law to
furnish''; and
(B) by striking out ``or to be furnished'' both places it
appears and inserting in lieu thereof ``, to be furnished,
paid for, or to be paid for'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a), the following new
subsections:
``(b) If a member of the uniformed services is injured, or
contracts a disease, under circumstances creating a tort
liability upon a third person (other than or in addition to
the United States and except employers of seamen referred to
in subsection (a)) for damages for such injury or disease and
the member is unable to perform the member's regular military
duties as a result of the injury or disease, the United
States shall have a right (independent of the rights of the
member) to recover from the third person or an insurer of the
third person, or both, the amount equal to the total amount
of the pay that accrues and is to accrue to the member for
the period for which the member is unable to perform such
duties as a result of the injury or disease and is not
assigned to perform other military duties.
``(c)(1) If, pursuant to the laws of a State that are
applicable in a case of a member of the uniformed services
who is injured or contracts a disease as a result of tortious
conduct of a third person, there is in effect for such a case
(as a substitute or alternative for compensation for damages
through tort liability) a system of compensation or
reimbursement for expenses of hospital, medical, surgical, or
dental care and treatment or for lost pay pursuant to a
policy of insurance, contract, medical or hospital service
agreement, or similar arrangement, the United States shall be
deemed to be a third-party beneficiary of such a policy,
contract, agreement, or arrangement.
``(2) For the purposes of paragraph (1)--
``(A) the expenses incurred or to be incurred by the United
States for care and treatment for an injured or diseased
member as described in subsection (a) shall be deemed to have
been incurred by the member;
``(B) the cost to the United States of the pay of the
member as described in subsection (b) shall be deemed to have
been pay lost by the member as a result of the injury or
disease; and
``(C) the United States shall be subrogated to any right or
claim that the injured or diseased member or the member's
guardian, personal representative, estate, dependents, or
survivors have under a policy, contract, agreement, or
arrangement referred to in paragraph (1) to the extent of the
reasonable value of the care and treatment and the total
amount of the pay deemed lost under subparagraph (B).'';
(4) in subsection (d), as redesignated by paragraph (2), by
inserting ``or paid for'' after ``treatment is furnished'';
and
(5) by adding at the end the following:
``(f)(1) Any amount recovered under this section for
medical care and related services furnished by a military
medical treatment facility or similar military activity shall
be credited to the appropriation or appropriations supporting
the operation of that facility or activity, as determined
under regulations prescribed by the Secretary of Defense.
``(2) Any amount recovered under this section for the cost
to the United States of pay of an injured or diseased member
of the uniformed services shall be credited to the
appropriation that supports the operation of the command,
activity, or other unit to which the member was assigned at
the time of the injury or illness, as determined under
regulations prescribed by the Secretary concerned.
``(g) For the purposes of this section:
``(1) The term `uniformed services' has the meaning given
such term in section 101 of title 10, United States Code.
``(2) The term `tortious conduct' includes any tortious
omission.
``(3) The term `pay', with respect to a member of the
uniformed services, means basic pay, special pay, and
incentive pay that the member is authorized to receive under
title 37, United States Code, or any other law providing pay
for service in the uniformed services.
``(4) The term `Secretary concerned' means--
``(A) the Secretary of Defense, with respect to the Army,
the Navy, the Air Force, the Marine Corps, and the Coast
Guard (when it is operating as a service in the Navy);
``(B) the Secretary of Transportation, with respect to the
Coast Guard when it is not operating as a service in the
Navy;
``(C) the Secretary of Health and Human Services, with
respect to the commissioned corps of the Public Health
Service; and
``(D) the Secretary of Commerce, with respect to the
commissioned corps of the National Oceanic and Atmospheric
Administration.''.
(b) Conforming Amendments.--The first section of Public Law
87-693 (42 U.S.C. 2651) is amended--
(1) in the first sentence of subsection (a)--
(A) by inserting ``(independent of the rights of the
injured or diseased person)'' after ``a right to recover'';
and
(B) by inserting ``, or that person's insurer,'' after
``from said third person'';
(2) in subsection (d), as redesignated by subsection
(a)(2)--
(A) by striking out ``such right,'' and inserting in lieu
thereof ``a right under subsections (a), (b), and (c)''; and
(B) by inserting ``or the insurance carrier or other entity
responsible for the payment or reimbursement of medical
expenses or lost pay'' after ``the third person who is liable
for the injury or disease'' each place it appears.
(c) Effective Date.--The authority to collect pursuant to
the amendments made by this section shall apply to expenses
described in the first section of Public Law 87-693 (as
amended by this section) that are incurred, or are to be
incurred, by the United States on or after the date of the
enactment of this Act, whether the event from which the claim
arises occurs before, on, or after that date.
SEC. 1076. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives a report assessing the implementation and
success of the establishment of site-specific Integrated
Product and Process Teams as a manage
[[Page 1982]]
ment tool for the Chemical Stockpile Emergency Preparedness
Program.
(b) Contingent Mandated Reforms.--If at the end of the 120-
day period beginning on the date of the enactment of this Act
the Secretary of the Army and the Director of the Federal
Emergency Management Agency have been unsuccessful in
implementing a site-specific Integrated Product and Process
Team with each of the affected States, the Secretary of the
Army shall--
(1) assume full control and responsibility for the Chemical
Stockpile Emergency Preparedness Program (eliminating the
role of the Director of the Federal Emergency Management
Agency as joint manager of the program);
(2) establish programmatic agreement with each of the
affected States regarding program requirements,
implementation schedules, training and exercise requirements,
and funding (to include direct grants for program support);
(3) clearly define the goals of the program; and
(4) establish fiscal constraints for the program.
SEC. 1077. EXEMPTION FROM REQUIREMENTS APPLICABLE TO SAVINGS
ASSOCIATIONS FOR CERTAIN SAVINGS INSTITUTIONS
SERVING MILITARY PERSONNEL.
Section 10(m)(3)(F) of the Home Owners' Loan Act (12 U.S.C.
1467a(m)(3)(F)) is amended--
(1) in the subparagraph caption, by striking out
``association serving transient'' and inserting in lieu
thereof ``associations serving certain'';
(2) by striking out ``company if--'' and all that follows
through ``90 percent'' and inserting in lieu thereof
``company if at least 90 percent''; and
(3) by striking out ``officers'' both places it appears and
inserting in lieu thereof ``members''.
SEC. 1078. IMPROVEMENTS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Temporary Requirement Relating to Employment.--Title
VII of the Department of Defense Appropriations Act, 1996
(Public Law 104-61; 109 Stat. 650), is amended in the
paragraph under the heading ``National Security Education
Trust Fund'' by striking out the proviso.
(b) General Program Requirements.--(1) Subparagraph (A) of
subsection (a)(1) of section 802 of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1902) is
amended to read as follows:
``(A) awarding scholarships to undergraduate students who--
``(i) are United States citizens in order to enable such
students to study, for at least one academic semester or
equivalent term, in foreign countries that are critical
countries (as determined under section 803(d)(4)(A)) in those
languages and study areas where deficiencies exist (as
identified in the assessments undertaken pursuant to section
806(d)); and
``(ii) pursuant to subsection (b)(2)(A), enter into an
agreement to work in a national security position or work in
the field of higher education in the area of study for which
the scholarship was awarded;''; and
(2) Subparagraph (B) of that subsection is amended--
(A) in clause (i), by inserting ``relating to the national
security interests of the United States'' after
``international fields''; and
(B) in clause (ii)--
(i) by striking out ``subsection (b)(2)'' and inserting in
lieu thereof ``subsection (b)(2)(B)''; and
(ii) by striking out ``work for an agency or office of the
Federal Government or in'' and inserting in lieu thereof
``work in a national security position or work in''.
(c) Service Agreement.--(1) Subsection (b) of that section
is amended in the matter preceding paragraph (1) by striking
out ``, or of scholarships'' and all that follows through
``12 months or more,'' and inserting in lieu thereof ``or any
scholarship''.
(2) Paragraph (2) of that subsection is amended to read as
follows:
``(2) will--
``(A) not later than eight years after such recipient's
completion of the study for which scholarship assistance was
provided under the program, and in accordance with
regulations issued by the Secretary--
``(i) work in a national security position for a period
specified by the Secretary, which period shall be no longer
than the period for which scholarship assistance was
provided; or
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available, work in the field of higher education
in a discipline relating to the foreign country, foreign
language, area study, or international field of study for
which the scholarship was awarded, for a period specified by
the Secretary, which period shall be determined in accordance
with clause (i); or
``(B) upon completion of such recipient's education under
the program, and in accordance with such regulations--
``(i) work in a national security position for a period
specified by the Secretary, which period shall be not less
than one and not more than three times the period for which
the fellowship assistance was provided; or
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in the field of higher education in a discipline relating to
the foreign country, foreign language, area study, or
international field of study for which the fellowship was
awarded, for a period specified by the Secretary, which
period shall be established in accordance with clause (i);
and''.
(d) Evaluation of Progress in Language Skills.--Such
section is further amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Evaluation of Progress in Language Skills.--The
Secretary shall, through the National Security Education
Program office, administer a test of the foreign language
skills of each recipient of a scholarship or fellowship under
this title before the commencement of the study or education
for which the scholarship or fellowship is awarded and after
the completion of such study or education. The purpose of
these tests is to evaluate the progress made by recipients of
scholarships and fellowships in developing foreign language
skills as a result of assistance under this title.''.
(e) Functions of the National Security Education Board.--
Section 803(d) of that Act (50 U.S.C. 1903(d)) is amended--
(1) in paragraph (1), by inserting ``, including an order
of priority in such awards that favors individuals expressing
an interest in national security issues or pursuing a career
in a national security position'' before the period;
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
out ``Make recommendations'' and inserting in lieu thereof
``After taking into account the annual analyses of trends in
language, international, and area studies under section
806(b)(1), make recommendations'';
(B) in subparagraph (A), by inserting ``and countries which
are of importance to the national security interests of the
United States'' after ``are studying''; and
(C) in subparagraph (B), by inserting ``relating to the
national security interests of the United States'' after
``section 802(a)(1)(B)'';
(3) by redesignating paragraph (5) as paragraph (8); and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) Encourage applications for fellowships under this
title from graduate students having an educational background
in any academic discipline, particularly in the areas of
science or technology.
``(6) Provide the Secretary biennially with a list of
scholarship recipients and fellowship recipients, including
an assessment of their foreign area and language skills, who
are available to work in a national security position.
``(7) Not later than 30 days after a scholarship or
fellowship recipient completes the study or education for
which assistance was provided under the program, provide the
Secretary with a report fully describing the foreign area and
language skills obtained by the recipient as a result of the
assistance.''.
(f) National Security Position Defined.--(1) Section 808 of
that Act (50 U.S.C. 1908) is amended by adding at the end the
following new paragraph:
``(4) The term `national security position' means a
position--
``(A) having national security responsibilities in a agency
or office of the Federal Government that has national
security responsibilities, as determined under section
802(g); and
``(B) in which the individual in such position makes their
foreign language skills available to such agency or
office.''.
(2) Section 802 of that Act (50 U.S.C. 1902), as amended by
subsection (d)(1) of this section, is further amended by
adding at the end the following new subsection:
``(g) Determination of Agencies and Offices of the Federal
Government Having National Security Responsibilities.--(1)
The Secretary, in consultation with the Board, shall annually
determine and develop a list identifying each agency or
office of the Federal Government having national security
responsibilities at which a recipient of a fellowship or
scholarship under this title will be able to make the
recipient's foreign area and language skills available to
such agency or office. The Secretary shall submit the first
such list to the Congress and include each subsequent list in
the annual report to the Congress, as required by section
806(b)(6).
``(2) Notwithstanding section 804, funds may not be made
available from the Fund to carry out this title for fiscal
year 1997 until 30 days after the date on which the Secretary
of Defense submits to the Congress the first such list
required by paragraph (1).''.
(3) Section 806(b) of that Act (50 U.S.C. 1906(b)) is
amended by striking out ``and'' at the end of paragraph (5),
redesignating paragraph (6) as paragraph (7), and inserting
after paragraph (5) the following new paragraph (6):
``(6) the current list of agencies and offices of the
Federal Government required to be developed by section
802(g); and''.
(g) Report on Program.--(1) Not later than six months after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report assessing the
improvements to the program established under the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.) that result from the amendments made by this
section.
(2) The report shall include an assessment of the
contribution of the program, as so improved, in meeting the
national security objectives of the United States.
[[Page 1983]]
SEC. 1079. AVIATION AND VESSEL WAR RISK INSURANCE.
(a) Aviation Risk Insurance.--(1) Chapter 931 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 9514. Indemnification of Department of Transportation
for losses covered by defense-related aviation insurance
``(a) Prompt Indemnification Required.--(1) In the event of
a loss that is covered by defense-related aviation insurance,
the Secretary of Defense shall promptly indemnify the
Secretary of Transportation for the amount of the loss
consistent with the indemnification agreement between the two
Secretaries that underlies such insurance. The Secretary of
Defense shall make such indemnification--
``(A) in the case of a claim for the loss of an aircraft
hull, not later than 30 days after the date on which the
Secretary of Transportation determines the claim to be
payable or that amounts are due under the policy that
provided the defense-related aviation insurance; and
``(B) in the case of any other claim, not later than 180
days after the date on which the Secretary of Transportation
determines the claim to be payable.
``(2) When there is a loss of an aircraft hull that is (or
may be) covered by defense-related aviation insurance, the
Secretary of Transportation may make, during the period when
a claim for such loss is pending with the Secretary of
Transportation, any required periodic payments owed by the
insured party to a lessor or mortgagee of such aircraft. Such
payments shall commence not later than 30 days following the
date of the presentment of the claim for the loss of the
aircraft hull to the Secretary of Transportation. If the
Secretary of Transportation determines that the claim is
payable, any amount paid under this paragraph arising from
such claim shall be credited against the amount payable under
the aviation insurance. If the Secretary of Transportation
determines that the claim is not payable, any amount paid
under this paragraph arising from such claim shall constitute
a debt to the United States, payable to the insurance fund.
Any such amounts so returned to the United States shall be
promptly credited to the fund or account from which the
payments were made under this paragraph.
``(b) Source of Funds for Payment of Indemnity.--The
Secretary of Defense may pay an indemnity described in
subsection (a) from any funds available to the Department of
Defense for operation and maintenance, and such sums as may
be necessary for payment of such indemnity are hereby
authorized to be transferred to the Secretary of
Transportation for such purpose.
``(c) Notice to Congress.--In the event of a loss that is
covered by defense-related aviation insurance in the case of
an incident in which the covered loss is (or is expected to
be) in an amount in excess of $1,000,000, the Secretary of
Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days
after the date of the loss; and
``(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and showing with
respect to losses arising from such incident the total amount
expended to cover such losses, the source of those funds,
pending litigation, and estimated total cost to the
Government.
``(d) Implementing Matters.--(1) Payment of indemnification
under this section is not subject to section 2214 or 2215 of
this title or any other provision of law requiring
notification to Congress before funds may be transferred.
``(2) Consolidation of claims arising from the same
incident is not required before indemnification of the
Secretary of Transportation for payment of a claim may be
made under this section.
``(e) Construction With Other Transfer Authority.--
Authority to transfer funds under this section is in addition
to any other authority provided by law to transfer funds
(whether enacted before, on, or after the date of the
enactment of this section) and is not subject to any dollar
limitation or notification requirement contained in any other
such authority to transfer funds.
``(f) Annual Report on Contingent Liabilities.--Not later
than March 1 of each year, the Secretary of Defense shall
submit to Congress a report setting forth the current amount
of the contingent outstanding liability of the United States
under the insurance program under chapter 443 of title 49.
``(g) Definitions.--In this section:
``(1) Defense-related aviation insurance.--The term
`defense-related aviation insurance' means aviation insurance
and reinsurance provided through policies issued by the
Secretary of Transportation under chapter 443 of title 49
that pursuant to section 44305(b) of that title is provided
by that Secretary without premium at the request of the
Secretary of Defense and is covered by an indemnity agreement
between the Secretary of Transportation and the Secretary of
Defense.
``(2) Loss.--The term `loss' includes damage to or
destruction of property, personal injury or death, and other
liabilities and expenses covered by the defense-related
aviation insurance.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9514. Indemnification of Department of Transportation for losses
covered by defense-related aviation insurance.''.
(b) Vessel War Risk Insurance.--(1) Chapter 157 of title
10, United States Code, is amended by adding after section
2644, as redesignated by section 906, the following new
section:
``Sec. 2645. Indemnification of Department of Transportation
for losses covered by vessel war risk insurance
``(a) Prompt Indemnification Required.--(1) In the event of
a loss that is covered by vessel war risk insurance, the
Secretary of Defense shall promptly indemnify the Secretary
of Transportation for the amount of the loss consistent with
the indemnification agreement between the two Secretaries
that underlies such insurance. The Secretary of Defense shall
make such indemnification--
``(A) in the case of a claim for the loss of a vessel, not
later than 90 days after the date on which the Secretary of
Transportation determines the claim to be payable or that
amounts are due under the policy that provided the vessel war
risk insurance; and
``(B) in the case of any other claim, not later than 180
days after the date on which on which the Secretary of
Transportation determines the claim to be payable.
``(2) When there is a loss of a vessel that is (or may be)
covered by vessel war risk insurance, the Secretary of
Transportation may make, during the period when a claim for
such loss is pending with the Secretary of Transportation,
any required periodic payments owed by the insured party to a
lessor or mortgagee of such vessel. Such payments shall
commence not later than 30 days following the date of the
presentment of the claim for the loss of the vessel to the
Secretary of Transportation. If the Secretary of
Transportation determines that the claim is payable, any
amount paid under this paragraph arising from such claim
shall be credited against the amount payable under the vessel
war risk insurance. If the Secretary of Transportation
determines that the claim is not payable, any amount paid
under this paragraph arising from such claim shall constitute
a debt to the United States, payable to the insurance fund.
Any such amounts so returned to the United States shall be
promptly credited to the fund or account from which the
payments were made under this paragraph.
``(b) Source of Funds for Payment of Indemnity.--The
Secretary of Defense may pay an indemnity described in
subsection (a) from any funds available to the Department of
Defense for operation and maintenance, and such sums as may
be necessary for payment of such indemnity are hereby
authorized to be transferred to the Secretary of
Transportation for such purpose.
``(c) Deposit of Funds.--Any amount transferred to the
Secretary of Transportation under this section shall be
deposited in, and merged with amounts in, the Vessel War Risk
Insurance Fund as provided in the second sentence of section
1208(a) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1288(a)).
``(d) Notice to Congress.--In the event of a loss that is
covered by vessel war risk insurance in the case of an
incident in which the covered loss is (or is expected to be)
in an amount in excess of $1,000,000, the Secretary of
Defense shall submit to Congress--
``(1) notification of the loss as soon after the occurrence
of the loss as possible and in no event more than 30 days
after the date of the loss; and
``(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and showing with
respect to losses arising from such incident the total amount
expended to cover such losses, the source of such funds,
pending litigation, and estimated total cost to the
Government.
``(e) Implementing Matters.--(1) Payment of indemnification
under this section is not subject to section 2214 or 2215 of
this title or any other provision of law requiring
notification to Congress before funds may be transferred.
``(2) Consolidation of claims arising from the same
incident is not required before indemnification of the
Secretary of Transportation for payment of a claim may be
made under this section.
``(f) Construction With Other Transfer Authority.--
Authority to transfer funds under this section is in addition
to any other authority provided by law to transfer funds
(whether enacted before, on, or after the date of the
enactment of this section) and is not subject to any dollar
limitation or notification requirement contained in any other
such authority to transfer funds.
``(f) Annual Report on Contingent Liabilities.--Not later
than March 1 of each year, the Secretary of Defense shall
submit to Congress a report setting forth the current amount
of the contingent outstanding liability of the United States
under the vessel war risk insurance program under title XII
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1281 et
seq.).
``(h) Definitions.--In this section:
``(1) Vessel war risk insurance.--The term `vessel war risk
insurance' means insurance and reinsurance provided through
policies issued by the Secretary of Transportation under
title XII of the Merchant Marine Act, 1936 (46 U.S.C. App.
1281 et seq.), that is provided by that Secretary without
premium at the request of the Secretary of Defense and is
covered by an indemnity agreement between the Secretary of
Transportation and the Secretary of Defense.
``(2) Vessel war risk insurance fund.--The term `Vessel War
Risk Insurance Fund' means the insurance fund referred to in
the
[[Page 1984]]
first sentence of section 1208(a) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1288(a)).
``(3) Loss.--The term `loss' includes damage to or
destruction of property, personal injury or death, and other
liabilities and expenses covered by the vessel war risk
insurance.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 2644,
as added by section 906, the following new item:
``2645. Indemnification of Department of Transportation for losses
covered by vessel war risk insurance.''.
SEC. 1080. DESIGNATION OF MEMORIAL AS NATIONAL D-DAY
MEMORIAL.
(a) Designation.--The memorial to be constructed by the
National D-Day Memorial Foundation in Bedford, Virginia, is
hereby designated as a national memorial to be known as the
``National D-Day Memorial''. The memorial shall serve to
honor the members of the Armed Forces of the United States
who served in the liberation of Normandy, France, in June
1944.
(b) Public Proclamation.--The President is requested and
urged to issue a public proclamation acknowledging the
designation of the memorial to be constructed by the National
D-Day Memorial Foundation in Bedford, Virginia, as the
National D-Day Memorial.
(c) Maintenance of Memorial.--All expenses for maintenance
and care of the memorial shall be paid for with non-Federal
funds, including funds provided by the National D-Day
Memorial Foundation. The United States shall not be liable
for any expense incurred for the maintenance and care of the
memorial.
SEC. 1081. SENSE OF CONGRESS REGARDING SEMICONDUCTOR TRADE
AGREEMENT BETWEEN UNITED STATES AND JAPAN.
(a) Findings.--Congress makes the following findings:
(1) The United States and Japan share a long and important
bilateral relationship which serves as an anchor of peace and
stability in the Asia Pacific region, an alliance which was
reaffirmed at the recent summit meeting between President
Clinton and Prime Minister Hashimoto in Tokyo.
(2) The Japanese economy has experienced difficulty over
the past few years, demonstrating that it is no longer
possible for Japan, the world's second largest economy, to
use exports as the sole engine of economic growth, but that
the Government of Japan must promote deregulation of its
domestic economy in order to increase economic growth.
(3) Deregulation of the Japanese economy requires
government attention to the removal of barriers to imports of
manufactured goods.
(4) The United States-Japan Semiconductor Trade Agreement
has begun the process of deregulation in the semiconductor
sector and is opening the Japanese market to competitive
foreign products.
(5) The United States-Japan Semiconductor Trade Agreement
has put in place both government-to-government and industry-
to-industry mechanisms which have played a vital role in
allowing cooperation to replace conflict in this important
high technology sector.
(6) The mechanisms include joint calculation of foreign
market share, deterrence of dumping, and promotion of
industrial cooperation in the design of foreign semiconductor
devices.
(7) Because of these actions under the United States-Japan
Semiconductor Trade Agreement, the United States and Japan
today enjoy trade in semiconductors which is mutually
beneficial, harmonious, and free from the friction that once
characterized the semiconductor industry.
(8) Because of structural barriers in Japan, a gap still
remains between the share of the world market for
semiconductor products outside Japan that the United States
and other foreign semiconductor sources are able to capture
through competitiveness and the share of the Japanese
semiconductor market that the United States and those other
sources are able to capture through competitiveness, and that
gap is consistent across the full range of semiconductor
products as well as a full range of end-use applications.
(9) The competitiveness and health of the United States
semiconductor industry is of critical importance to the
overall economic well-being and high technology defense
capabilities of the United States.
(10) The economic interests of both the United States and
Japan are best served by well functioning, open markets,
deterrence of dumping, and continuing good cooperative
relationships in all sectors, including semiconductors.
(11) A strong and healthy and military and political
alliance between the United States and Japan requires
continuation of the industrial and economic cooperation
promoted by the United States-Japan Semiconductor Trade
Agreement.
(12) President Clinton has called on the Government of
Japan to agree to a continuation of the United States-Japan
Semiconductor Trade Agreement beyond the current agreement's
expiration on July 31, 1996.
(13) The Government of Japan has opposed any continuation
of the United States-Japan Semiconductor Trade Agreement to
promote cooperation in United States-Japan semiconductor
trade.
(b) Sense of Congress.--On the basis of the findings
contained in subsection (a), it is the sense of Congress
that--
(1) it is regrettable that the Government of Japan has
refused to consider continuation of the United States-Japan
Semiconductor Trade Agreement to ensure that cooperation
continues in the semiconductor sector beyond the expiration
of the agreement on July 31, 1996; and
(2) the President should take all necessary and appropriate
actions to ensure the resumption and extension of the United
States-Japan Semiconductor Trade Agreement beyond July 31,
1996.
(c) Definition.--For purposes of this section, the term
``United States-Japan Semiconductor Trade Agreement'' refers
to the agreement between the United States and Japan
concerning trade in semiconductor products, with arrangement,
done by exchange of letters at Washington on June 11, 1991.
SEC. 1082. AGREEMENTS FOR EXCHANGE OF DEFENSE PERSONNEL
BETWEEN THE UNITED STATES AND FOREIGN
COUNTRIES.
(a) Authority to Enter into International Exchange
Agreements.--(1) The Secretary of Defense may enter into
international defense personnel exchange agreements.
(2) For purposes of this section, an international defense
personnel exchange agreement is an agreement with the
government of an ally of the United States or another
friendly foreign country for the exchange of--
(A) military and civilian personnel of the Department of
Defense; and
(B) military and civilian personnel of the defense ministry
of that foreign government.
(b) Assignment of Personnel.--(1) Pursuant to an
international defense personnel exchange agreement, personnel
of the defense ministry of a foreign government may be
assigned to positions in the Department of Defense and
personnel of the Department of Defense may be assigned to
positions in the defense ministry of such foreign government.
Positions to which exchanged personnel are assigned may
include positions of instructors.
(2) An agreement for the exchange of personnel engaged in
research and development activities may provide for
assignment of Department of Defense personnel to positions in
private industry that support the defense ministry of the
host foreign government.
(3) An individual may not be assigned to a position
pursuant to an international defense personnel exchange
agreement unless the assignment is acceptable to both
governments.
(c) Reciprocity of Personnel Qualifications Required.--Each
government shall be required under an international defense
personnel exchange agreement to provide personnel with
qualifications, training, and skills that are essentially
equal to those of the personnel provided by the other
government.
(d) Payment of Personnel Costs.--(1) Each government shall
pay the salary, per diem, cost of living, travel costs, cost
of language or other training, and other costs for its own
personnel in accordance with the applicable laws and
regulations of such government.
(2) Paragraph (1) does not apply to the following costs:
(A) The cost of temporary duty directed by the host
government.
(B) The cost of training programs conducted to familiarize,
orient, or certify exchanged personnel regarding unique
aspects of the assignments of the exchanged personnel.
(C) Costs incident to the use of the facilities of the host
government in the performance of assigned duties.
(e) Prohibited Conditions.--No personnel exchanged pursuant
to an agreement under this section may take or be required to
take an oath of allegiance to the host country or to hold an
official capacity in the government of such country.
(f) Relationship to Other Authority.--The requirements in
subsections (c) and (d) shall apply in the exercise of any
authority of the Secretaries of the military departments to
enter into an agreement with the government of a foreign
country to provide for the exchange of members of the armed
forces and military personnel of the foreign country. The
Secretary of Defense may prescribe regulations for the
application of such subsections in the exercise of such
authority.
SEC. 1083. SENSE OF SENATE REGARDING BOSNIA AND HERZEGOVINA.
It is the sense of the Senate that, notwithstanding any
other provision of law, in order to maximize the amount of
equipment provided to the Government of Bosnia and
Herzegovina under the authority contained in section 540 of
the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 737), the price of the transferred equipment shall not
exceed the lowest level at which the same or similar
equipment has been transferred to any other country under any
other United States Government program.
SEC. 1084. DEFENSE BURDENSHARING.
(a) Efforts To Increase Allied Burdensharing.--The
President shall seek to have each nation that has cooperative
military relations with the United States (including security
agreements, basing arrangements, or mutual participation in
multinational military organizations or operations) take one
or more of the following actions:
(1) Increase its financial contributions to the payment of
the nonpersonnel costs in
[[Page 1985]]
curred by the United States Government for stationing United
States military personnel in that nation, with a goal of
achieving by September 30, 2000, 75 percent of such costs. An
increase in financial contributions by any nation under this
paragraph may include the elimination of taxes, fees, or
other charges levied on United States military personnel,
equipment, or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic
stabilization, transparency arrangements, defense economic
conversion, respect for the rule of law, and internationally
recognized human rights) by 10 percent or at least to a level
commensurate to that of the United States by September 30,
1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(b) Authorities to Encourage Actions by United States
Allies.--In seeking the actions described in subsection (a)
with respect to any nation, or in response to a failure by
any nation to undertake one or more of such actions, the
President may take any of the following measures to the
extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation fees or other charges similar to
those that such nation imposes on United States forces
stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation, consistent
with the terms of such agreement.
(5) Reduce (through rescission, impoundment or other
appropriate procedures as authorized by law) any United
States bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to be
appropriate as authorized by law.
(c) Report on Progress in Increasing Allied
Burdensharing.--Not later than March 1, 1997, the Secretary
of Defense shall submit to Congress a report on--
(1) steps taken by other nations to complete the actions
described in subsection (a);
(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions
described in subsection (a); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(d) Report on National Security Bases for Forward
Deployment and Burdensharing Relationships.--(1) In order to
ensure the best allocation of budgetary resources, the
President shall undertake a review of the status of elements
of the United States Armed Forces that are permanently
stationed outside the United States. The review shall include
an assessment of the following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support
permanently stationing elements of the United States Armed
Forces outside the United States.
(C) The stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such alliance requirements
or national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote
democratization, economic stabilization, transparency
arrangements, defense economic conversion, respect for the
rule of law, and internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and its
allies on national defense, and the relative percentages of
each nation's gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the
review under paragraph (1). The report shall be submitted not
later than March 1, 1997, in classified and unclassified
form.
(e) Report Date.--Section 1003(c) of Public Law 98-515 is
amended by striking out ``each year'' and inserting ``by
March 1, 1998, and every other year thereafter''.
TITLE XI--NATIONAL IMAGERY AND MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and
evaluation of certain intelligence officials.
Subtitle A--Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act
of 1947.
Sec. 1115. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B--Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
SEC. 1101. SHORT TITLE.
This title may be cited as the ``National Imagery and
Mapping Agency Act of 1996''.
SEC. 1102. FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of Defense and
the Intelligence Community of the United States to provide a
single agency focus for the growing number and diverse types
of customers for imagery and geospatial information resources
within the Government, to ensure visibility and
accountability for those resources, and to harness, leverage,
and focus rapid technological developments to serve the
imagery, imagery intelligence, and geospatial information
customers.
(2) There is a need for a single Government agency to
solicit and advocate the needs of that growing and diverse
pool of customers.
(3) A single combat support agency dedicated to imagery,
imagery intelligence, and geospatial information could act as
a focal point for support of all imagery intelligence and
geospatial information customers, including customers in the
Department of Defense, the Intelligence Community, and
related agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of the
imagery, imagery intelligence, and geospatial information
customers if it were organized--
(A) to carry out its mission responsibilities under the
authority, direction, and control of the Secretary of
Defense, with the advice of the Chairman of the Joint Chiefs
of Staff; and
(B) to carry out its responsibilities to national
intelligence customers in accordance with policies and
priorities established by the Director of Central
Intelligence.
SEC. 1103. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN
APPOINTMENT AND EVALUATION OF CERTAIN
INTELLIGENCE OFFICIALS.
(a) In General.--Section 201 of title 10, United States
Code, is amended to read as follows:
``Sec. 201. Certain intelligence officials: consultation and
concurrence regarding appointments; evaluation of
performance
``(a) Consultation Regarding Appointment.--Before
submitting a recommendation to the President regarding the
appointment of an individual to the position of Director of
the Defense Intelligence Agency, the Secretary of Defense
shall consult with the Director of Central Intelligence
regarding the recommendation.
``(b) Concurrence in Appointment.--(1) Before submitting a
recommendation to the President regarding the appointment of
an individual to a position referred to in paragraph (2), the
Secretary of Defense shall seek the concurrence of the
Director of Central Intelligence in the recommendation. If
the Director does not concur in the recommendation, the
Secretary may make the recommendation to the President
without the Director's concurrence, but shall include in the
recommendation a statement that the Director does not concur
in the recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.''.
``(c) Performance Evaluations.--(1) The Director of Central
Intelligence shall provide annually to the Secretary of
Defense, for the Secretary's consideration, an evaluation of
the performance of the individuals holding the positions
referred to in paragraph (2) in fulfilling their respective
responsibilities with regard to the National Foreign
Intelligence Program.
``(2) The positions referred to in paragraph (1) are the
following:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.''.
(b) Clerical Amendment.--The item relating to section 201
in the table of sections at the beginning of subchapter II of
chapter 8 of such title is amended to read as follows:
[[Page 1986]]
``201. Certain intelligence officials: consultation and concurrence
regarding appointments; evaluation of performance.''.
Subtitle A--Establishment of Agency
SEC. 1111. ESTABLISHMENT.
(a) Establishment.--There is hereby established in the
Department of Defense a Defense Agency to be known as the
National Imagery and Mapping Agency.
(b) Transfer of Functions From Department of Defense
Entities.--The missions and functions of the following
elements of the Department of Defense are transferred to the
National Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as
specified in the classified annex to this Act.
(c) Transfer of Functions From Central Intelligence
Agency.--The missions and functions of the following elements
of the Central Intelligence Agency are transferred to the
National Imagery and Mapping Agency:
(1) The National Photographic Interpretation Center.
(2) Other elements of the Central Intelligence Agency as
specified in the classified annex to this Act.
(d) Preservation of Level and Quality of Imagery
Intelligence Support to All-Source Analysis and Production.--
In managing the establishment of the National Imagery and
Mapping Agency, the Secretary of Defense, in consultation
with the Director of Central Intelligence, shall ensure that
imagery intelligence support provided to all-source analysis
and production is in no way degraded or compromised.
SEC. 1112. MISSIONS AND AUTHORITY.
(a) Agency Charter.--Part I of subtitle A of title 10,
United States Code, is amended--
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new chapter
22:
``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
``Subchapter Sec.
``I. Missions and Authority.....................................441....
``II. Maps, Charts, and Geodetic Products.......................451....
``III. Personnel Management.....................................461....
``IV. Definitions...............................................467....
``SUBCHAPTER I--MISSIONS AND AUTHORITY
``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information: support for
foreign countries
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational
information.
``Sec. 441. Establishment
``(a) Establishment.--The National Imagery and Mapping
Agency is a combat support agency of the Department of
Defense and has significant national missions.
``(b) Director.--(1) The Director of the National Imagery
and Mapping Agency is the head of the agency.
``(2) Upon a vacancy in the position of Director, the
Secretary of Defense shall recommend to the President an
individual for appointment to the position.
``(3) If an officer of the armed forces on active duty is
appointed to the position of Director, the position shall be
treated as having been designated by the President as a
position of importance and responsibility for purposes of
section 601 of this title and shall carry the grade of
lieutenant general, or, in the case of an officer of the
Navy, vice admiral.
``(c) Director of Central Intelligence Collection Tasking
Authority.--Unless otherwise directed by the President, the
Director of Central Intelligence shall have authority (except
as otherwise agreed by the Director and the Secretary of
Defense) to--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.
``(d) Availability and Continued Improvement of Imagery
Intelligence Support to All-Source Analysis and Production
Function.--The Secretary of Defense, in consultation with the
Director of Central Intelligence, shall take all necessary
steps to ensure the full availability and continued
improvement of imagery intelligence support for all-source
analysis and production.
``Sec. 442. Missions
``(a) National Security Missions.--(1) The National Imagery
and Mapping Agency shall, in support of the national security
objectives of the United States, provide the following:
``(A) Imagery.
``(B) Imagery intelligence.
``(C) Geospatial information.
``(2) Imagery, intelligence, and information provided in
carrying out paragraph (1) shall be timely, relevant, and
accurate.
``(b) Navigation Information.--The National Imagery and
Mapping Agency shall improve means of navigating vessels of
the Navy and the merchant marine by providing, under the
authority of the Secretary of Defense, accurate and
inexpensive nautical charts, sailing directions, books on
navigation, and manuals of instructions for the use of all
vessels of the United States and of navigators generally.
``(c) Maps, Charts, Etc.--The National Imagery and Mapping
Agency shall prepare and distribute maps, charts, books, and
geodetic products as authorized under subchapter II of this
chapter.
``(d) National Missions.--The National Imagery and Mapping
Agency also has national missions as specified in section
120(a) of the National Security Act of 1947.
``(e) Systems.--The National Imagery and Mapping Agency
may, in furtherance of a mission of the Agency, design,
develop, deploy, operate, and maintain systems related to the
processing and dissemination of imagery intelligence and
geospatial information that may be transferred to, accepted
or used by, or used on behalf of--
``(1) the armed forces, including any combatant command,
component of a combatant command, joint task force, or
tactical unit; or
``(2) any other department or agency of the United States.
``Sec. 443. Imagery intelligence and geospatial information:
support for foreign countries
``(a) Use of Appropriated Funds.--The Director of the
National Imagery and Mapping Agency may use appropriated
funds available to the National Imagery and Mapping Agency to
provide foreign countries with imagery intelligence and
geospatial information support.
``(b) Use of Funds Other Than Appropriated Funds.--The
Director may use funds other than appropriated funds to
provide foreign countries with imagery intelligence and
geospatial information support, notwithstanding provisions of
law relating to the expenditure of funds of the United
States, except that--
``(1) no such funds may be expended, in whole or in part,
by or for the benefit of the National Imagery and Mapping
Agency for a purpose for which Congress had previously denied
funds.
``(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to purchase
replacement items similar to the items that are sold; and
``(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit
of the United States.
``(c) Accommodation Procurements.--The authority under this
section may be exercised to conduct accommodation
procurements on behalf of foreign countries.
``(d) Coordination With Director of Central Intelligence.--
The Director of the Agency shall coordinate with the Director
of Central Intelligence any action under this section that
involves imagery intelligence or intelligence products or
involves providing support to an intelligence or security
service of a foreign country.
``Sec. 444. Support from Central Intelligence Agency
``(a) Support Authorized.--The Director of Central
Intelligence may provide support in accordance with this
section to the Director of the National Imagery and Mapping
Agency. The Director of the National Imagery and Mapping
Agency may accept support provided under this section.
``(b) Administrative and Contract Services.--(1) In
furtherance of the national intelligence effort, the Director
of Central Intelligence may provide administrative and
contract services to the National Imagery and Mapping Agency
as if that agency were an organizational element of the
Central Intelligence Agency.
``(2) Services provided under paragraph (1) may include the
services of security police. For purposes of section 15 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403o),
an installation of the National Imagery and Mapping Agency
that is provided security police services under this section
shall be considered an installation of the Central
Intelligence Agency.
``(3) Support provided under this subsection shall be
provided under terms and conditions agreed upon by the
Secretary of Defense and the Director of Central
Intelligence.
``(c) Detail of Personnel.--The Director of Central
Intelligence may detail personnel of the Central Intelligence
Agency indefinitely to the National Imagery and Mapping
Agency without regard to any limitation on the duration of
interagency details of Federal Government personnel.
``(d) Reimbursable or Nonreimbursable Support.--Support
under this section may be provided and accepted on either a
reimbursable basis or a nonreimbursable basis.
``(e) Authority To Transfer Funds.--(1) The Director of the
National Imagery and Mapping Agency may transfer funds
available for that agency to the Director of Central
Intelligence for the Central Intelligence Agency.
``(2) The Director of Central Intelligence--
``(A) may accept funds transferred under paragraph (1); and
``(B) shall expend such funds, in accordance with the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.), to provide administrative and contract services or
detail personnel to the National Imagery and Mapping Agency
under this section.
``Sec. 445. Protection of agency identifications and
organizational information
``(a) Unauthorized Use of Agency Name, Initials, or Seal.--
(1) Except with the written permission of the Secretary of
Defense, no person may knowingly use, in connection with any
merchandise, retail product, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to
convey the impression that such use is approved, endorsed, or
authorized by the Secretary of Defense, any of the following:
[[Page 1987]]
``(A) The words `National Imagery and Mapping Agency', the
initials `NIMA', or the seal of the National Imagery and
Mapping Agency.
``(B) The words `Defense Mapping Agency', the initials
`DMA', or the seal of the Defense Mapping Agency.
``(C) Any colorable imitation of such words, initials, or
seals.
``(2) Whenever it appears to the Attorney General that any
person is engaged or about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
paragraph (1), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as
practicable to a hearing and determination of such action and
may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the
action is brought.
``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
``455. Maps, charts, and geodetic data: public availability;
exceptions.
``456. Civil actions barred.
``SUBCHAPTER III--PERSONNEL MANAGEMENT
``Sec.
``461. Management rights.
``Sec. 461. Management rights
``(a) Scope.--If there is no obligation under the
provisions of chapter 71 of title 5 for the head of an agency
of the United States to consult or negotiate with a labor
organization on a particular matter by reason of that matter
being covered by a provision of law or a Governmentwide
regulation, the Director of the National Imagery and Mapping
Agency is not obligated to consult or negotiate with a labor
organization on that matter even if that provision of law or
regulation is inapplicable to the National Imagery and
Mapping Agency.
``(b) Bargaining Units.--The National Imagery and Mapping
Agency shall accord exclusive recognition to a labor
organization under section 7111 of title 5 only for a
bargaining unit that was recognized as appropriate for the
Defense Mapping Agency on the day before the date on which
employees and positions of the Defense Mapping Agency in that
bargaining unit became employees and positions of the
National Imagery and Mapping Agency under the National
Imagery and Mapping Agency Act of 1996 (title XI of the
National Defense Authorization Act for Fiscal Year 1997).
``(c) Termination of Bargaining Unit Coverage of Position
Modified To Affect National Security Directly.--(1) If the
Director of the National Imagery and Mapping Agency
determines that the responsibilities of a position within a
collective bargaining unit should be modified to include
intelligence, counterintelligence, investigative, or security
duties not previously assigned to that position and that the
performance of the newly assigned duties directly affects the
national security of the United States, then, upon such a
modification of the responsibilities of that position, the
position shall cease to be covered by the collective
bargaining unit and the employee in that position shall cease
to be entitled to representation by a labor organization
accorded exclusive recognition for that collective bargaining
unit.
``(2) A determination described in paragraph (1) that is
made by the Director of the National Imagery and Mapping
Agency may not be reviewed by the Federal Labor Relations
Authority or any court of the United States.
``SUBCHAPTER IV--DEFINITIONS
``Sec.
``467. Definitions.
``Sec. 467. Definitions
``In this chapter:
``(1) The term `function' means any duty, obligation,
responsibility, privilege, activity, or program.
``(2)(A) The term `imagery' means, except as provided in
subparagraph (B), a likeness or presentation of any natural
or manmade feature or related object or activity and the
positional data acquired at the same time the likeness or
representation was acquired, including--
``(i) products produced by space-based national
intelligence reconnaissance systems; and
``(ii) likenesses or presentations produced by satellites,
airborne platforms, unmanned aerial vehicles, or other
similar means.
``(B) Such term does not include handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.
``(3) The term `imagery intelligence' means the technical,
geographic, and intelligence information derived through the
interpretation or analysis of imagery and collateral
materials.
``(4) The term `geospatial information' means information
that identifies the geographic location and characteristics
of natural or constructed features and boundaries on the
earth and includes--
``(A) statistical data and information derived from, among
other things, remote sensing, mapping, and surveying
technologies;
``(B) mapping, charting, and geodetic data; and
``(C) geodetic products, as defined in section 455(c) of
this title.''.
(b) Transfer of Defense Mapping Agency Provisions.--(1)
Sections 2792, 2793, 2794, 2795, 2796, and 2798 of title 10,
United States Code, are transferred to subchapter II of
chapter 22 of such title, as added by subsection (a),
inserted in that sequence in such subchapter following the
table of sections, and redesignated in accordance with the
following table:
Section Section as
transferred redesignated
2792.........................................................451 ....
2793.........................................................452 ....
2794.........................................................453 ....
2795.........................................................454 ....
2796.........................................................455 ....
2798.........................................................456.....
(2) Sections 451(1), 452, 453, 454, and 455 (in subsections
(a) and (b)(1)(C)), and 456 of title 10, United States Code,
as transferred and redesignated by paragraph (1), are amended
by striking out ``Defense Mapping Agency'' each place it
appears and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
(c) Oversight of Agency as a Combat Support Agency.--
Section 193 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out the caption and inserting in lieu
thereof ``Review of National Security Agency and National
Imagery and Mapping Agency.--'';
(B) in paragraph (1)--
(i) by inserting ``and the National Imagery and Mapping
Agency'' after ``the National Security Agency''; and
(ii) by striking out ``the Agency'' and inserting in lieu
thereof ``that the agencies''; and
(C) in paragraph (2), by inserting ``and the National
Imagery and Mapping Agency'' after ``the National Security
Agency'';
(2) in subsection (e)--
(A) by striking out ``DIA and NSA'' in the caption and
inserting in lieu thereof the following: ``DIA, NSA, and
NIMA''; and
(B) by striking out ``and the National Security Agency''
and inserting in lieu thereof ``, the National Security
Agency, and the National Imagery and Mapping Agency''; and
(3) in subsection (f), by striking out paragraph (4) and
inserting in lieu thereof the following:
``(4) The National Imagery and Mapping Agency.''.
(d) Consolidation and Standardization of Exemptions From
Disclosure of Organizational and Personnel Information.--
Chapter 21 of title 10, United States Code, is amended by
striking out sections 424 and 425 and inserting in lieu
thereof the following:
``Sec. 424. Disclosure of organizational and personnel
information: exemption for Defense Intelligence Agency,
National Reconnaissance Office, and National Imagery and
Mapping Agency
``(a) Exemption From Disclosure.--Except as required by the
President or as provided in subsection (c), no provision of
law shall be construed to require the disclosure of--
``(1) the organization or any function of an organization
of the Department of Defense named in subsection (b); or
``(2) the number of persons employed by or assigned or
detailed to any such organization or the name, official
title, occupational series, grade, or salary of any such
person.
``(b) Covered Organizations.--This section applies to the
following organizations of the Department of Defense:
``(1) The Defense Intelligence Agency.
``(2) The National Reconnaissance Office.
``(3) The National Imagery and Mapping Agency.
``(c) Provision of Information to Congress.--Subsection (a)
does not apply with respect to the provision of information
to Congress.''.
(e) Special Printing Authority for Agency.--(1) Section
207(a)(2)(B) of the Legislative Branch Appropriations Act,
1993 (Public Law 102-392; 44 U.S.C. 501 note), is amended by
inserting ``National Imagery and Mapping Agency,'' after
``Defense Intelligence Agency,''.
(2) Section 1336 of title 44, United States Code, is
amended--
(A) by striking out ``Secretary of the Navy'' and inserting
in lieu thereof ``Director of the National Imagery and
Mapping Agency''; and
(B) by striking out ``United States Naval Oceanographic
Office'' and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
SEC. 1113. TRANSFERS OF PERSONNEL AND ASSETS.
(a) Personnel and Assets.--Subject to subsections (b) and
(c), the personnel, assets, unobligated balances of
appropriations and authorizations of appropriations, and, to
the extent jointly determined appropriate by the Secretary of
Defense and Director of Central Intelligence, obligated
balances of appropriations and authorizations of
appropriations employed, used, held, arising from, or
available in connection with the missions and functions
transferred under section 1111(b) or section 1111(c) are
transferred to the National Imagery and Mapping Agency.
Transfers of appropriations from the Central Intelligence
Agency under this subsection shall be made in accordance with
section 1531 of title 31, United States Code.
[[Page 1988]]
(b) Determination of CIA Positions To Be Transferred.--Not
earlier than two years after the effective date of this
subtitle, the Secretary of Defense and the Director of
Central Intelligence shall determine which, if any, positions
and personnel of the Central Intelligence Agency are to be
transferred to the National Imagery and Mapping Agency. The
positions to be transferred, and the employees serving in
such positions, shall be transferred to the National Imagery
and Mapping Agency under terms and conditions prescribed by
the Secretary of Defense and the Director of Central
Intelligence.
(c) Rule for CIA Imagery Activities Only Partially
Transferred.--If the National Photographic Interpretation
Center of the Central Intelligence Agency or any imagery-
related activity of the Central Intelligence Agency
authorized to be performed by the National Imagery and
Mapping Agency is not completely transferred to the National
Imagery and Mapping Agency, the Secretary of Defense and the
Director of Central Intelligence shall--
(1) jointly determine which, if any, contracts, leases,
property, and records employed, used, held, arising from,
available to, or otherwise relating to such Center or
activity is to be transferred to the National Imagery and
Intelligence Agency; and
(2) provide by written agreement for the transfer of such
items.
SEC. 1114. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL
SECURITY ACT OF 1947.
(a) Agency Functions.--Paragraph (2) of section 105(b) of
the National Security Act of 1947 (50 U.S.C. 403-5(b)) is
amended to read as follows:
``(2) through the National Imagery and Mapping Agency
(except as otherwise directed by the President or the
National Security Council), with appropriate representation
from the intelligence community, the continued operation of
an effective unified organization within the Department of
Defense--
``(A) for carrying out tasking of imagery collection;
``(B) for the coordination of imagery processing and
exploitation activities;
``(C) for ensuring the dissemination of imagery in a timely
manner to authorized recipients; and
``(D) notwithstanding any other provision of law, for--
``(i) prescribing technical architecture and standards
related to imagery intelligence and geospatial information
and ensuring compliance with such architecture and standards;
and
``(ii) developing and fielding systems of common concern
related to imagery intelligence and geospatial
information;''.
(b) National Mission.--Title I of such Act (50 U.S.C. 402
et seq.) is amended by adding at the end the following new
section:
``national mission of national imagery and mapping agency
``Sec. 120. (a) In General.--In addition to the Department
of Defense missions set forth in section 442 of title 10,
United States Code, the National Imagery and Mapping Agency
shall support the imagery requirements of the Department of
State and other departments and agencies of the United States
outside the Department of Defense.
``(b) Requirements and Priorities.--The Director of Central
Intelligence shall establish requirements and priorities
governing the collection of national intelligence by the
National Imagery and Mapping Agency under subsection (a).
``(c) Correction of Deficiencies.--The Director of Central
Intelligence shall develop and implement such programs and
policies as the Director and the Secretary of Defense jointly
determine necessary to review and correct deficiencies
identified in the capabilities of the National Imagery and
Mapping Agency to accomplish assigned national missions,
including support to the all-source analysis and production
process. The Director shall consult with the Secretary of
Defense on the development and implementation of such
programs and policies. The Secretary shall obtain the advice
of the Chairman of the Joint Chiefs of Staff regarding the
matters on which the Director and the Secretary are to
consult under the preceding sentence.''.
(c) Tasking of Imagery Assets.--Title I of such Act is
further amended by adding at the end the following new
section:
``collection tasking authority
``Sec. 121. Unless otherwise directed by the President, the
Director of Central Intelligence shall have authority (except
as otherwise agreed by the Director and the Secretary of
Defense) to--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.''.
(d) Clerical Amendment.--The table of contents in the first
section of such Act is amended by inserting after the item
relating to section 109 the following new items:
``Sec. 120. National mission of National Imagery and Mapping Agency.
``Sec. 121. Collection tasking authority.''.
SEC. 1115. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL
EMPLOYEES OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and
Mapping Agency who, on the day before the effective date of
this title, was an employee of the Defense Mapping Agency in
a career-conditional status, the continuous service of that
employee as an employee of the National Imagery and Mapping
Agency on and after such date shall be considered creditable
service for the purpose of any determination of the career
status of the employee.
SEC. 1116. SAVING PROVISIONS.
(a) Continuing Effect on Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
international agreements, grants, contracts, leases,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
connection with any of the functions which are transferred
under this title or any function that the National Imagery
and Mapping Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title, shall continue in effect according to their terms
until modified, terminated, superseded, set aside, or revoked
in accordance with law by the President, the Secretary of
Defense, the Director of the National Imagery and Mapping
Agency or other authorized official, a court of competent
jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--This title and the
amendments made by this title shall not affect any
proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or
financial assistance pending before an element of the
Department of Defense or Central Intelligence Agency at the
time this title takes effect, with respect to function of
that element transferred by section 1122, but such
proceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such
orders, as if this title had not been enacted, and orders
issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this section shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the
same extent that such proceeding could have been discontinued
or modified if this title had not been enacted.
SEC. 1117. DEFINITIONS.
In this subtitle, the terms ``function'', ``imagery'',
``imagery intelligence'', and ``geospatial information'' have
the meanings given those terms in section 467 of title 10,
United States Code, as added by section 1112.
SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National
Imagery and Mapping Agency for fiscal year 1997 in amounts
and for purposes, and subject to the terms, conditions,
limitations, restrictions, and requirements, that are set
forth in the Classified Annex to this Act.
Subtitle B--Conforming Amendments and Effective Dates
SEC. 1121. REDESIGNATION AND REPEALS.
(a) Redesignation.--Chapter 23 of title 10, United States
Code (as redesignated by section 1112(a)(1)) is amended by
redesignating the sections in that chapter as sections 481
and 482, respectively.
(b) Repeal of Superseded Law.--Chapter 167 of such title,
as amended by section 1112(b), is repealed.
SEC. 1122. REFERENCE AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States
Code, is amended as follows:
(1) Central imagery office.--Sections 2302(a)(2)(C)(ii),
3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B),
5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E),
and 7323(b)(2)(B)(i)(XIII) are amended by striking out
``Central Imagery Office'' and inserting in lieu thereof
``National Imagery and Mapping Agency''.
(2) Director, central imagery office.--Section
6339(a)(2)(E) is amended by striking out ``Central Imagery
Office, the Director of the Central Imagery Office'' and
inserting in lieu thereof ``National Imagery and Mapping
Agency, the Director of the National Imagery and Mapping
Agency''.
(b) Other Laws.--The following provisions of law are
amended by striking out ``Central Imagery Office'' and
inserting in lieu thereof ``National Imagery and Mapping
Agency'':
(1) National security act of 1947.--Section 3(4)(E) of the
National Security Act of 1947 (50 U.S.C. 401a(4)(E).
(2) Ethics in government act of 1978.--Section 105(a) of
the Ethics in Government Act of 1978 (Public Law 95-521; 5
U.S.C. App. 4).
(3) Employee polygraph protection act.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of
1988 (Public Law 100-347; 29 U.S.C. 2006(b)(2)(A)(i)).
(c) Cross Reference.--Section 82 of title 14, United States
Code, is amended by striking out ``chapter 167'' and
inserting in lieu thereof ``subchapter II of chapter 22''.
SEC. 1123. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--
(1) The table of chapters at the beginning of subtitle A of
title 10, United States Code, is amended--
(A) by striking out the item relating to chapter 22 and
inserting in lieu thereof the following:
[[Page 1989]]
``22. National Imagery and Mapping Agency.....................441 ....
``23. Miscellaneous Studies and Reports......................471'';....
and
(B) by striking out the item relating to chapter 167.
(2) The table of chapters at the beginning of part I of
such subtitle is amended by striking out the item relating to
chapter 22 and inserting in lieu thereof the following:
``22. National Imagery and Mapping Agency.....................441 ....
``23. Miscellaneous Studies and Reports......................471'';....
(3) The table of chapters at the beginning of part IV of
such subtitle is amended by striking out the item relating to
chapter 167.
(4) The items in the table of sections at the beginning of
chapter 23 of title 10, United States Code (as redesignated
by section 1112(a)(1)), are revised so as to reflect the
redesignations made by section 1121(a).
(b) Title 44, United States Code.--
(1) The heading of section 1336 of title 44, United States
Code, is amended to read as follows:
``Sec. 1336. National Imagery and Mapping Agency: special
publications''.
(2) The item relating to that section in the tables of
sections at the beginning of chapter 13 of such title is
amended to read as follows:
``1336. National Imagery and Mapping Agency: special publications.''.
SEC. 1124. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on October 1, 1996, or the date of the enactment of
this Act, whichever is later.
TITLE XII--RESERVE FORCES REVITALIZATION
TITLE XII--RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A--Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and reserve general and flag officer
authorizations.
Sec. 1214. Guard and reserve technicians.
Subtitle B--Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and
reserve ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers
of members of reserve components.
Sec. 1233. Report to Congress concerning income insurance program for
activated reservists.
Sec. 1234. Report to Congress concerning small business loans for
members released from reserve service during contingency
operations.
Subtitle C--Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 1252. Authority to pay transient housing charges for members
performing active duty for training.
Sec. 1253. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 1254. Sense of Congress concerning military leave policy.
Sec. 1255. Reserve Forces Policy Board.
Sec. 1256. Report on parity of benefits for active duty service and
reserve service.
Sec. 1257. Information on proposed funding for the Guard and Reserve
components in future-years defense programs.
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Reserve Forces
Revitalization Act of 1996''.
SEC. 1202. PURPOSE.
The purpose of this title is to revise the basic statutory
authorities governing the organization and administration of
the reserve components of the Armed Forces in order to
recognize the realities of reserve component partnership in
the Total Force and to better prepare the American citizen-
soldier, sailor, airman, and Marine in time of peace for
duties in war.
Subtitle A--Reserve Component Structure
SEC. 1211. RESERVE COMPONENT COMMANDS.
(a) Establishment.--(1) Part I of subtitle E of title 10,
United States Code, is amended by inserting after chapter
1005 the following new chapter:
``CHAPTER 1006--RESERVE COMPONENT COMMANDS
``Sec.
``10171. United States Army Reserve Command.
``10172. Naval Reserve Force.
``10173. Marine Forces Reserve.
``10174. Air Force Reserve Command.
``Sec. 10171. United States Army Reserve Command
``(a) Command.--The United States Army Reserve Command is a
separate command of the Army commanded by the Chief of Army
Reserve.
``(b) Chain of Command.--Except as otherwise prescribed by
the Secretary of Defense, the Secretary of the Army shall
prescribe the chain of command for the United States Army
Reserve Command.
``(c) Assignment of Forces.--The Secretary of the Army--
``(1) shall assign to the United States Army Reserve
Command all forces of the Army Reserve in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Army specified in section 3013 of
this title, shall assign all such forces of the Army Reserve
to the commander of the United States Atlantic Command.
``Sec. 10172. Naval Reserve Force
``(a) Establishment of Command.--The Secretary of the Navy,
with the advice and assistance of the Chief of Naval
Operations, shall establish a Naval Reserve Force. The Naval
Reserve Force shall be operated as a separate command of the
Navy.
``(b) Commander.--The Chief of Naval Reserve shall be the
commander of the Naval Reserve Force. The commander of the
Naval Reserve Force reports directly to the Chief of Naval
Operations.
``(c) Assignment of Forces.--The Secretary of the Navy--
``(1) shall assign to the Naval Reserve Force specified
portions of the Naval Reserve other than forces assigned to
the unified combatant command for special operations forces
established pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Navy specified in section 5013 of
this title, shall assign to the combatant commands all such
forces assigned to the Naval Reserve Force under paragraph
(1) in the manner specified by the Secretary of Defense.
``Sec. 10173. Marine Forces Reserve
``(a) Establishment.--The Secretary of the Navy, with the
advice and assistance of the Commandant of the Marine Corps,
shall establish in the Marine Corps a command known as the
Marine Forces Reserve.
``(b) Commander.--The Marine Forces Reserve is commanded by
the Commander, Marine Forces Reserve. The Commander, Marine
Forces Reserve, reports directly to the Commandant of the
Marine Corps.
``(c) Assignment of Forces.--The Commandant of the Marine
Corps--
``(1) shall assign to the Marine Forces Reserve the forces
of the Marine Corps Reserve stationed in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Navy specified in section 5013 of
this title, shall assign to the combatant commands (through
the Marine Corps component commander for each such command)
all such forces assigned to the Marine Forces Reserve under
paragraph (1) in the manner specified by the Secretary of
Defense.
``Sec. 10174. Air Force Reserve Command
``(a) Establishment of Command.--The Secretary of the Air
Force, with the advice and assistance of the Chief of Staff
of the Air Force, shall establish an Air Force Reserve
Command. The Air Force Reserve Command shall be operated as a
separate command of the Air Force.
``(b) Commander.--The Chief of Air Force Reserve is the
Commander of the Air Force Reserve Command. The commander of
the Air Force Reserve Command reports directly to the Chief
of Staff of the Air Force.
``(c) Assignment of Forces.--The Secretary of the Air
Force--
``(1) shall assign to the Air Force Reserve Command all
forces of the Air Force Reserve stationed in the continental
United States other than forces assigned to the unified
combatant command for special operations forces established
pursuant to section 167 of this title; and
``(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Air Force specified in section 8013
of this title, shall assign to the combatant commands all
such forces assigned to the Air Force Reserve Command under
paragraph (1) in the manner specified by the Secretary of
Defense.''.
(2) The tables of chapters at the beginning of part I of
such subtitle and at the beginning of such subtitle are each
amended by inserting after the item relating to chapter 1005
the following new item:
``1006. Reserve Component Commands.........................10171''.....
(b) Conforming Repeal.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note)
is repealed.
(c) Implementation Schedule.--Implementation of chapter
1006 of title 10, United States Code, as added by subsection
(a), shall begin not later than 90 days after the date of the
enactment of this Act and shall be completed not later than
one year after such date.
SEC. 1212. RESERVE COMPONENT CHIEFS.
(a) Chief of Army Reserve.--Section 3038 of title 10,
United States Code, is amended by adding at the end the
following new subsections:
``(d) Budget.--The Chief of Army Reserve is the official
within the executive part of the Department of the Army who,
subject to the authority, direction, and control of the
[[Page 1990]]
Secretary of the Army and the Chief of Staff, is responsible
for justification and execution of the personnel, operation
and maintenance, and construction budgets for the Army
Reserve. As such, the Chief of Army Reserve is the director
and functional manager of appropriations made for the Army
Reserve in those areas.
``(e) Full Time Support Program.--The Chief of Army Reserve
manages, with respect to the Army Reserve, the personnel
program of the Department of Defense known as the Full Time
Support Program.
``(f) Annual Report.--(1) The Chief of Army Reserve shall
submit to the Secretary of Defense, through the Secretary of
the Army, an annual report on the state of the Army Reserve
and the ability of the Army Reserve to meet its missions. The
report shall be prepared in conjunction with the Chief of
Staff of the Army and may be submitted in classified and
unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Chief of Army Reserve under paragraph (1) to
Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be
transmitted at the same time each year that the annual report
of the Secretary under section 113 of this title is submitted
to Congress.''.
(b) Chief of Naval Reserve.--(1) Chapter 513 of such title
is amended by inserting after section 5142a the following new
section:
``Sec. 5143. Office of Naval Reserve: appointment of Chief
``(a) Establishment of Office: Chief of Naval Reserve.--
There is in the executive part of the Department of the Navy,
on the staff of the Chief of Naval Operations, an Office of
the Naval Reserve, which is headed by a Chief of Naval
Reserve. The Chief of Naval Reserve--
``(1) is the principal adviser on Naval Reserve matters to
the Chief of Naval Operations; and
``(2) is the commander of the Naval Reserve Force.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Chief of Naval
Reserve from officers who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Grade.--(1) The Chief of Naval Reserve holds office
for a term determined by the Chief of Naval Operations,
normally four years, but may be removed for cause at any
time. He is eligible to succeed himself.
``(2) The Chief of Naval Reserve, while so serving, has a
grade above rear admiral (lower half), without vacating the
officer's permanent grade.
``(d) Budget.--The Chief of Naval Reserve is the official
within the executive part of the Department of the Navy who,
subject to the authority, direction, and control of the
Secretary of the Navy and the Chief of Naval Operations, is
responsible for preparation, justification, and execution of
the personnel, operation and maintenance, and construction
budgets for the Naval Reserve. As such, the Chief of Naval
Reserve is the director and functional manager of
appropriations made for the Naval Reserve in those areas.
``(e) Annual Report.--(1) The Chief of Naval Reserve shall
submit to the Secretary of Defense, through the Secretary of
the Navy, an annual report on the state of the Naval Reserve
and the ability of the Naval Reserve to meet its missions.
The report shall be prepared in conjunction with the Chief of
Naval Operations and may be submitted in classified and
unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Chief of Naval Reserve under paragraph (1) to
Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be
transmitted at the same time each year that the annual report
of the Secretary under section 113 of this title is submitted
to Congress.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
5142a the following new item:
``5143. Office of Naval Reserve: appointment of Chief.''.
(c) Chief of Marine Forces Reserve.--(1) Chapter 513 of
such title is amended by inserting after section 5143 (as
added by subsection (b)) the following new section:
``Sec. 5144. Office of Marine Forces Reserve: appointment of
Commander
``(a) Establishment of Office; Commander, Marine Forces
Reserve.--There is in the executive part of the Department of
the Navy an Office of the Marine Forces Reserve, which is
headed by the Commander, Marine Forces Reserve. The
Commander, Marine Forces Reserve, is the principal adviser to
the Commandant on Marine Forces Reserve matters.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Commander,
Marine Forces Reserve, from officers of the Marine Corps
who--
``(1) have had at least 10 years of commissioned service;
``(2) are in a grade above colonel; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Term of Office; Grade.--(1) The Commander, Marine
Forces Reserve, holds office for a term determined by the
Commandant of the Marine Corps, normally four years, but may
be removed for cause at any time. He is eligible to succeed
himself.
``(2) The Commander, Marine Forces Reserve, while so
serving, has a grade above brigadier general, without
vacating the officer's permanent grade.
``(d) Annual Report.--(1) The Commander, Marine Forces
Reserve, shall submit to the Secretary of Defense, through
the Secretary of the Navy, an annual report on the state of
the Marine Corps Reserve and the ability of the Marine Corps
Reserve to meet its missions. The report shall be prepared in
conjunction with the Commandant of the Marine Corps and may
be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Commander, Marine Forces Reserve, under
paragraph (1) to Congress, together with such comments on the
report as the Secretary considers appropriate. The report
shall be transmitted at the same time each year that the
annual report of the Secretary under section 113 of this
title is submitted to Congress.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
5143 (as added by subsection (b)) the following new item:
``5144. Office of Marine Forces Reserve: appointment of Commander.''.
(d) Chief of Air Force Reserve.--Section 8038 of such title
is amended by adding at the end the following new
subsections:
``(d) Budget.--The Chief of Air Force Reserve is the
official within the executive part of the Department of the
Air Force who, subject to the authority, direction, and
control of the Secretary of the Air Force and the Chief of
Staff, is responsible for preparation, justification, and
execution of the personnel, operation and maintenance, and
construction budgets for the Air Force Reserve. As such, the
Chief of Air Force Reserve is the director and functional
manager of appropriations made for the Air Force Reserve in
those areas.
``(e) Full Time Support Program.--(1) The Chief of Air
Force Reserve manages, with respect to the Air Force Reserve,
the personnel program of the Department of Defense known as
the Full Time Support Program.
``(f) Annual Report.--(1) The Chief of Air Force Reserve
shall submit to the Secretary of Defense, through the
Secretary of the Air Force, an annual report on the state of
the Air Force Reserve and the ability of the Air Force
Reserve to meet its missions. The report shall be prepared in
conjunction with the Chief of Staff of the Air Force and may
be submitted in classified and unclassified versions.
``(2) The Secretary of Defense shall transmit the annual
report of the Chief of Air Force Reserve under paragraph (1)
to Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be
transmitted at the same time each year that the annual report
of the Secretary under section 113 of this title is submitted
to Congress.''.
(e) Conforming Amendment.--Section 641(1)(B) of such title
is amended by inserting ``5143, 5144,'' after ``3038,''.
SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND FLAG
OFFICER AUTHORIZATIONS.
(a) Report to Congress.--Not later than six months after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report containing any
recommendations of the Secretary (together with the rationale
of the Secretary for the recommendations) concerning the
following:
(1) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(2) Statutory designation of the positions and grades of
any additional general and flag officers in the commands and
offices created by sections 1211 and 1212.
(b) Matters To Be Included.--The Secretary shall include in
the report under subsection (a) the Secretary's views on
whether current limitations referred to in subsection (a)--
(1) permit the Secretaries of the military departments, in
view of increased requirements for assignment of general and
flag officers in positions external to their organic
services, to meet adequately both internal and external
requirements for general and flag officers;
(2) adequately recognize the significantly increased role
of the reserve components in both service-specific and joint
operations; and
(3) permit the Secretaries of the military departments and
the reserve components to assign general and flag officers to
active and reserve component positions with grades
commensurate with the scope of duties and responsibilities of
the position.
(c) Exemptions From Active-Duty Ceilings.--(1) The
Secretary shall include in the report under subsection (a)
the Secretary's recommendations regarding the merits of
exempting from any active-duty ceiling (established by law or
administrative action) the following officers:
(A) Reserve general and flag officers assigned to positions
specified in the organizations created by this title.
(B) Reserve general and flag officers serving on active
duty, but who are excluded from the active-duty list.
(2) If the Secretary determines under paragraph (1) that
any Reserve general or flag officers should be exempt from
active duty limits, the Secretary shall include in the report
under subsection (a) the Secretary's recommendations for--
[[Page 1991]]
(A) the effective management of those Reserve general and
flag officers; and
(B) revision of active duty ceilings so as to prevent an
increase in the numbers of active general and flag officers
authorizations due solely to the removal of Reserve general
and flag officers from under the active duty authorizations.
(3) If the Secretary determines under paragraph (1) that
active and reserve general officers on active duty should
continue to be managed under a common ceiling, the Secretary
shall make recommendations for the appropriate apportionment
of numbers for general and flag officers among active and
reserve officers.
(d) Reserve Forces Policy Board Participation.--The
Secretary of Defense shall ensure that the Reserve Forces
Policy Board participates in the internal Department of
Defense process for development of the recommendations of the
Secretary contained in the report under subsection (a). If
the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary
shall transmit them to Congress, with the report, in the same
form as that in which they were submitted to the Secretary.
(e) GAO Review.--The Comptroller General of the United
States shall assess the criteria used by the Secretary of
Defense to develop recommendations for purposes of the report
under this section and shall submit to Congress, not later
than 30 days after the date on which the report of the
Secretary under this section is submitted, a report setting
forth the Comptroller General's conclusions concerning the
adequacy and completeness of the recommendations made by the
Secretary in the report.
SEC. 1214. GUARD AND RESERVE TECHNICIANS.
Section 10216 of title 10, United States Code, as amended
by section 413, is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting after the section heading the following
new subsection (a):
``(a) In General.--Military technicians are Federal
civilian employees hired under title 5 and title 32 who are
required to maintain dual-status as drilling reserve
component members as a condition of their Federal civilian
employment. Such employees shall be authorized and accounted
for as a separate category of dual-status civilian employees,
exempt as specified in subsection (b)(3) from any general or
regulatory requirement for adjustments in Department of
Defense civilian personnel.''; and
(3) in paragraph (3) of subsection (b), as redesignated by
paragraph (1), by striking out ``in high-priority units and
organizations specified in paragraph (1)''.
Subtitle B--Reserve Component Accessibility
SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IMPROVE NATIONAL
GUARD AND RESERVE ABILITY TO RESPOND TO
EMERGENCIES.
(a) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report regarding reserve component
responsiveness to both domestic emergencies and national
contingency operations. The report shall set forth the
measures taken, underway, and projected to be taken to
improve the timeliness, adequacy, and effectiveness of
reserve component responses to such emergencies and
operations.
(b) Matters Related to Responsiveness to Domestic
Emergencies.--The report shall address the following:
(1) The need to expand the time period set by section
12301(b) of title 10, United States Code, which permits the
involuntary recall at any time to active duty of units and
individuals for up to 15 days per year.
(2) The recommendations of the 1995 report of the RAND
Corporation entitled ``Assessing the State and Federal
Missions of the National Guard'', as follows:
(A) That Federal law be clarified and amended to authorize
Presidential use of the Federal reserves of all military
services for domestic emergencies and disasters without any
time constraint.
(B) That the Secretary of Defense develop and support
establishment of an appropriate national level compact for
interstate sharing of resources, including the domestic
capabilities of the national guards of the States, during
emergencies and disasters.
(C) That Federal level contingency stocks be created to
support the National Guard in domestic disasters.
(D) That Federal funding and regulatory support be provided
for Federal-State disaster emergency response planning
exercises.
(c) Matters Related to Presidential Reserve Call-Up
Authority.--The report under this section shall specifically
address matters related to the authority of the President to
activate for service on active duty units and members of
reserve components under sections 12301, 12302, and 12304 of
title 10, United States Code, including--
(1) whether such authority is adequate to meet the full
range of reserve component missions for the 21st century,
particularly with regard to the time periods for which such
units and members may be on active duty under those
authorities and the ability to activate both units and
individual members; and
(2) whether the three-tiered set of statutory authorities
(under such sections 12301, 12302, and 12304) should be
consolidated, modified, or in part eliminated in order to
facilitate current and future use of Reserve units and
individual reserve component members for a broader range of
missions, and, if so, in what manner.
(d) Matters Related to Release From Active Duty.--The
report under this section shall include findings and
recommendations (based upon a review of current policies and
procedures) concerning procedures for release from active
duty of units and members of reserve components who have been
involuntarily called or ordered to active duty under section
12301, 12302, or 12304 of title 10, United States Code, with
specific recommendations concerning the desirability of
statutory provisions to--
(1) establish specific guidelines for when it is
appropriate (or inappropriate) to retain on active duty such
reserve component units when active component units are
available to perform the mission being performed by the
reserve component unit;
(2) minimize the effects of frequent mobilization of the
civilian employers, as well as the effects of frequent
mobilization on recruiting and retention in the reserve
components; and
(3) address other matters relating to the needs of such
members of reserve components, their employers, and (in the
case of such members who own businesses) their employees,
while such members are on active duty.
(e) Reserve Forces Policy Board Participation.--The
Secretary of Defense shall ensure that the Reserve Forces
Policy Board participates in the internal Department of
Defense process for development of the recommendations of the
Secretary contained in the report under subsection (a). If
the Board submits to the Secretary any comments or
recommendations for inclusion in the report, the Secretary
shall transmit them to Congress, with the report, in the same
form as that in which they were submitted to the Secretary.
(f) GAO Review.--The Comptroller General of the United
States shall assess the criteria used by the Secretary of
Defense to develop recommendations for purposes of the report
under this section and shall submit to Congress, not later
than 30 days after the date on which the report of the
Secretary under this section is submitted, a report setting
forth the Comptroller General's conclusions concerning the
adequacy and completeness of the recommendations made by the
Secretary in the report.
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX INCENTIVES FOR
EMPLOYERS OF MEMBERS OF RESERVE COMPONENTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to provide tax
incentives to employers of members of reserve components in
order to compensate employers for absences of those employees
due to required training and for absences due to performance
of active duty.
SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME INSURANCE
PROGRAM FOR ACTIVATED RESERVISTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth legislative recommendations for changes
to chapter 1214 of title 10, United States Code. Such
recommendations shall in particular provide, in the case of a
mobilized member who owns a business, income replacement for
that business and for employees of that member or business
who have a loss of income during the period of such
activation attributable to the activation of the member.
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL BUSINESS LOANS
FOR MEMBERS RELEASED FROM RESERVE SERVICE
DURING CONTINGENCY OPERATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to establish a
small business loan program to provide members of reserve
components who are ordered to active duty or active Federal
service (other than for training) during a contingency
operation (as defined in section 101 of title 10, United
States Code) low-cost loans to assist those members in
retaining or rebuilding businesses that were affected by
their service on active duty or in active Federal service.
Subtitle C--Reserve Forces Sustainment
SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF
NONREIMBURSABLE EXPENSES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to restore the
tax deductibility of nonreimbursable expenses incurred by
members of reserve components in connection with military
service.
SEC. 1252. AUTHORITY TO PAY TRANSIENT HOUSING CHARGES FOR
MEMBERS PERFORMING ACTIVE DUTY FOR TRAINING.
Section 404(j)(1) of title 37, United States Code, is
amended by striking out ``annual training duty'' and
inserting in lieu thereof ``active duty for training''.
SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS ALLOWANCE
DURING SERVICE ON ACTIVE DUTY FOR TRAINING.
It is the sense of Congress that the United States should
continue to pay members of reserve components appropriate
quarters allowances during periods of service on active duty
for training.
[[Page 1992]]
SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY LEAVE
POLICY.
It is the sense of Congress that military leave policies in
effect as of the date of the enactment of this Act with
respect to members of the reserve components should not be
changed.
SEC. 1255. RESERVE FORCES POLICY BOARD.
(a) Commendation.--The Congress commends the Reserve Forces
Policy Board, created by the Armed Forces Reserve Act of 1952
(Public Law 82-476), for its fine work in the past as an
independent source of advice to the Secretary of Defense on
all matters pertaining to the reserve components.
(b) Sense of Congress.--It is the sense of Congress that
the Reserve Forces Policy Board and the reserve forces policy
committees for the individual branches of the Armed Forces
should continue to perform the vital role of providing the
civilian leadership of the Department of Defense with
independent advice on matters pertaining to the reserve
components.
(c) Annual Report of Reserve Forces Policy Board.--Section
113(c) of title 10, United States Code, is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (1), (2), and (4) as
subparagraphs (A), (B), and (C), respectively;
(3) by inserting ``(1)'' after ``(c)'';
(4) by inserting ``and'' at the end of subparagraph (B), as
redesignated by paragraph (2); and
(5) by adding at the end the following:
``(2) At the same time that the Secretary submits the
annual report under paragraph (1), the Secretary shall
transmit to the President and Congress a separate report from
the Reserve Forces Policy Board on the reserve programs of
the Department of Defense and on any other matters that the
Reserve Forces Policy Board considers appropriate to include
in the report.''.
SEC. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE DUTY
SERVICE AND RESERVE SERVICE.
No later than six months after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report providing recommendations for changes in law that the
Secretary considers necessary, feasible, and affordable to
reduce the disparities in pay and benefits that occur between
active component members of the Armed Forces and reserve
component members as a result of eligibility based on length
of time on active duty.
SEC. 1257. INFORMATION ON PROPOSED FUNDING FOR THE GUARD AND
RESERVE COMPONENTS IN FUTURE-YEARS DEFENSE
PROGRAMS.
(a) In General.--(1) Chapter 1013 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 10543. National Guard and reserve component equipment
procurement and military construction funding: inclusion in
future-years defense program
``The Secretary of Defense shall specify in each future-
years defense program submitted to Congress under section 221
of this title the estimated expenditures and the proposed
appropriations, for each fiscal year of the period covered by
that program, for the procurement of equipment and for
military construction for each of the reserve components of
the armed forces.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``10543. National Guard and reserve component equipment procurement and
military construction funding: inclusion in future-years
defense program.''.
(b) Effective Date.--Section 10543 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to each future-years defense program submitted to
Congress after the date of the enactment of this Act.
TITLE XIII--ARMS CONTROL AND RELATED MATTERS
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
Sec. 1301. Extension of counterproliferation authorities.
Sec. 1302. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1303. Strengthening certain sanctions against nuclear
proliferation activities.
Sec. 1304. Authority to pay certain expenses relating to humanitarian
and civic assistance for clearance of landmines.
Sec. 1305. Report on military capabilities of People's Republic of
China.
Sec. 1306. Presidential report regarding weapons proliferation and
policies of the People's Republic of China.
Sec. 1307. United States-People's Republic of China Joint Defense
Conversion Commission.
Sec. 1308. Sense of Congress concerning export controls.
Sec. 1309. Counterproliferation Program Review Committee.
Sec. 1310. Sense of Congress concerning assisting other countries to
improve security of fissile material.
Sec. 1311. Review by Director of Central Intelligence of National
Intelligence Estimate 95-19.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
Sec. 1321. Establishment of Commission.
Sec. 1322. Duties of Commission.
Sec. 1323. Report.
Sec. 1324. Powers.
Sec. 1325. Commission procedures.
Sec. 1326. Personnel matters.
Sec. 1327. Miscellaneous administrative provisions.
Sec. 1328. Funding.
Sec. 1329. Termination of the Commission.
Subtitle A--Arms Control, Counterproliferation Activities, and Related
Matters
SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.
(a) One-Year Extension of Authority.--Section 1505 of the
Weapons of Mass Destruction Control Act of 1992 (title XV of
Public Law 102-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking out ``or'' after
``fiscal year 1995,'' and by inserting ``, or $15,000,000 for
fiscal year 1997'' before the period at the end; and
(2) in subsection (f), by striking out ``1996'' and
inserting in lieu thereof ``1997''.
(b) Funding Flexibility.--Subsection (d) of such section is
further amended by adding at the end the following new
paragraph:
``(4)(A) In the event of a significant unforeseen
development related to the activities of the United Nations
Special Commission on Iraq for which the Secretary of Defense
determines that financial assistance under this section is
required at a level which would result in the total amount of
assistance provided under this section during the then-
current fiscal year exceeding the amount specified with
respect to that year under paragraph (3), the Secretary of
Defense may provide such assistance notwithstanding the
limitation with respect to that fiscal year under paragraph
(3). Funds for such purpose may be derived from any funds
available to the Department of Defense for that fiscal year.
``(B) Financial assistance may be provided under
subparagraph (A) only after the Secretary of Defense provides
notice in writing to the committees of Congress named in
subsection (e)(2) of the significant unforeseen development
and of the Secretary's intent to provide assistance in excess
of the limitation for that fiscal year under paragraph (3).
However, if the Secretary determines in any case that under
the specific circumstances of that case advance notice is not
possible, such notice shall be provided as soon as possible
and not later than 15 days after the date on which the
assistance is provided. Any notice under this subparagraph
shall include a description of the development, the amount of
assistance provided or to be provided, and the source of the
funds for that assistance.''.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation.--Funds available to the Department
of Defense may not be obligated or expended during fiscal
year 1997 for retiring or dismantling, or for preparing to
retire or dismantle, any of the following strategic nuclear
delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority.--If the START II Treaty enters into
force during fiscal year 1996 or fiscal year 1997, the
Secretary of Defense may waive the application of the
limitation under paragraphs (2), (3), and (4) of subsection
(a) to Trident ballistic missile submarines, Minuteman III
intercontinental ballistic missiles, and Peacekeeper
intercontinental ballistic missiles, respectively, to the
extent that the Secretary determines necessary in order to
implement the treaty.
(c) Funding Limitation on Early Deactivation.--(1) If the
limitation under paragraphs (2), (3), and (4) of subsection
(a) ceases to apply by reason of a waiver under subsection
(b), funds available to the Department of Defense may
nevertheless not be obligated or expended during fiscal year
1997 to implement any agreement or understanding to undertake
substantial early deactivation of a strategic nuclear
delivery system specified in subsection (b) until 30 days
after the date on which the President submits to Congress a
report concerning such actions.
(2) For purposes of this subsection, a substantial early
deactivation is an action during fiscal year 1997 to
deactivate a substantial number of strategic nuclear delivery
systems specified in subsection (b) by--
(A) removing nuclear warheads from those systems; or
(B) taking other steps to remove those systems from combat
status.
(3) A report under this subsection shall include the
following:
(A) The text of any understanding or agreement between the
United States and the Russian Federation concerning
substantial early deactivation of strategic nuclear delivery
systems under the START II Treaty.
(B) The plan of the Department of Defense for implementing
the agreement.
(C) An assessment of the Secretary of Defense of the
adequacy of the provisions contained in the agreement for
monitoring and verifying compliance of Russia with the terms
of the agreement.
(D) A determination by the President as to whether the
deactivations to occur under the agreement will be carried
out in a symmetrical, reciprocal, or equivalent manner.
(E) An assessment by the President of the effect of the
proposed early deactivation on
[[Page 1993]]
the stability of the strategic balance and relative strategic
nuclear capabilities of the United States and the Russian
Federation at various stages during deactivation and upon
completion.
(d) START II Treaty Defined.--For purposes of this section,
the term ``START II Treaty'' means the Treaty Between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms,
signed at Moscow on January 3, 1993, including the following
protocols and memorandum of understanding, all such documents
being integral parts of and collectively referred to as the
``START II Treaty'' (contained in Treaty Document 103-1):
(1) The Protocol on Procedures Governing Elimination of
Heavy ICBMs and on Procedures Governing Conversion of Silo
Launchers of Heavy ICBMs Relating to the Treaty Between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms
(also known as the ``Elimination and Conversion Protocol'').
(2) The Protocol on Exhibitions and Inspections of Heavy
Bombers Relating to the Treaty Between the United States and
the Russian Federation on Further Reduction and Limitation of
Strategic Offensive Arms (also known as the ``Exhibitions and
Inspections Protocol'').
(3) The Memorandum of Understanding on Warhead Attribution
and Heavy Bomber Data Relating to the Treaty Between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive Arms
(also known as the ``Memorandum on Attribution'').
(e) Retention of B-52H Aircraft on Active Status.--(1) The
Secretary of the Air Force shall maintain in active status
(including the performance of standard maintenance and
upgrades) the current fleet of B-52H bomber aircraft.
(2) For purposes of carrying out upgrades of B-52H bomber
aircraft during fiscal year 1997, the Secretary shall treat
the entire current fleet of such aircraft as aircraft
expected to be maintained in active status during the six-
year period beginning on October 1, 1996.
SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
PROLIFERATION ACTIVITIES.
(a) Sanctions.--Section 2(b)(4) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(4)) is amended to read as
follows:
``(4)(A) If the Secretary of State determines that--
``(i) any country that has agreed to International Atomic
Energy Agency nuclear safeguards materially violates,
abrogates, or terminates, after October 26, 1977, such
safeguards;
``(ii) any country that has entered into an agreement for
cooperation concerning the civil use of nuclear energy with
the United States materially violates, abrogates, or
terminates, after October 26, 1977, any guarantee or other
undertaking to the United States made in such agreement;
``(iii) any country that is not a nuclear-weapon state
detonates, after October 26, 1977, a nuclear explosive
device;
``(iv) any country willfully aids or abets, after June 29,
1994, any non-nuclear-weapon state to acquire any such
nuclear explosive device or to acquire unsafeguarded special
nuclear material; or
``(v) any person knowingly aids or abets, after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 1997, any non-nuclear-weapon state to acquire any
such nuclear explosive device or to acquire unsafeguarded
special nuclear material, then the Secretary of State shall
submit a report to the appropriate committees of the Congress
and to the Board of Directors of the Bank stating such
determination and identifying each country or person the
Secretary determines has so acted.
``(B)(i) If the Secretary of State makes a determination
under subparagraph (A)(v) with respect to a foreign person,
the Congress urges the Secretary to initiate consultations
immediately with the government with primary jurisdiction
over that person with respect to the imposition of the
prohibition contained in subparagraph (C).
``(ii) In order that consultations with that government may
be pursued, the Board of Directors of the Bank shall delay
imposition of the prohibition contained in subparagraph (C)
for up to 90 days if the Secretary of State requests the
Board to make such delay. Following these consultations, the
prohibition contained in subparagraph (C) shall apply
immediately unless the Secretary determines and certifies to
the Congress that that government has taken specific and
effective actions, including appropriate penalties, to
terminate the involvement of the foreign person in the
activities described in subparagraph (A)(v). The Board of
Directors of the Bank shall delay the imposition of the
prohibition contained in subparagraph (C) for up to an
additional 90 days if the Secretary requests the Board to
make such additional delay and if the Secretary determines
and certifies to the Congress that that government is in the
process of taking the actions described in the preceding
sentence.
``(iii) Not later than 90 days after making a determination
under subparagraph (A)(v), the Secretary of State shall
submit to the appropriate committees of the Congress a report
on the status of consultations with the appropriate
government under this subparagraph, and the basis for any
determination under clause (ii) that such government has
taken specific corrective actions.
``(C) The Board of Directors of the Bank shall not give
approval to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United
States exports to any country, or to or by any person,
identified in the report described in subparagraph (A).
``(D) The prohibition in subparagraph (C) shall not apply
to approvals to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United
States exports to a country with respect to which a
determination is made under clause (i), (ii), (iii), or (iv)
of subparagraph (A) regarding any specific event described in
such clause if the President determines and certifies in
writing to the Congress not less than 45 days prior to the
date of the first approval following the determination that
it is in the national interest for the Bank to give such
approvals.
``(E) The prohibition in subparagraph (C) shall not apply
to approvals to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United
States exports to or by a person with respect to whom a
determination is made under clause (v) of subparagraph (A)
regarding any specific event described in such clause if--
``(i) the Secretary of State determines and certifies to
the Congress that the appropriate government has taken the
corrective actions described in subparagraph (B)(ii); or
``(ii) the President determines and certifies in writing to
the Congress not less than 45 days prior to the date of the
first approval following the determination that--
``(I) reliable information indicates that--
``(aa) such person has ceased to aid or abet any non-
nuclear-weapon state to acquire any nuclear explosive device
or to acquire unsafeguarded special nuclear material; and
``(bb) steps have been taken to ensure that the activities
described in item (aa) will not resume; or
``(II) the prohibition would have a serious adverse effect
on vital United States interests.
``(F) For purposes of this paragraph:
``(i) The term `country' has the meaning given to `foreign
state' in section 1603(a) of title 28, United States Code.
``(ii) The term `knowingly' is used within the meaning of
the term `knowing' in section 104(h)(3) of the Foreign
Corrupt Practices Act (15 U.S.C. 78dd-2(h)(3)).
``(iii) The term `person' means a natural person as well as
a corporation, business association, partnership, society,
trust, any other nongovernmental entity, organization, or
group, and any governmental entity operating as a business
enterprise, and any successor of any such entity.
``(iv) The term `nuclear-weapon state' has the meaning
given the term in Article IX(3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Washington,
London, and Moscow on July 1, 1968.
``(v) The term `non-nuclear-weapon state' has the meaning
given the term in section 830(5) of the Nuclear Proliferation
Prevention Act of 1994 (Public Law 103-236; 108 Stat. 521).
``(vi) The term `nuclear explosive device' has the meaning
given the term in section 830(4) of the Nuclear Proliferation
Prevention Act of 1994 (Public Law 103-236; 108 Stat. 521).
``(vii) The term `unsafeguarded special nuclear material'
has the meaning given the term in section 830(8) of the
Nuclear Proliferation Prevention Act of 1994.''.
(b) Recommendations To Make Nonproliferation Laws More
Effective.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
Congress his recommendations on ways to make the laws of the
United States more effective in controlling and preventing
the proliferation of weapons of mass destruction and
missiles. The report shall identify all sources of Government
funds used for such nonproliferation activities.
SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO
HUMANITARIAN AND CIVIC ASSISTANCE FOR CLEARANCE
OF LANDMINES.
(a) Authority To Pay Expenses.--Section 401(c) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Expenses covered by paragraph (1) include the
following expenses incurred in providing assistance described
in subsection (e)(5):
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing such assistance.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting the
activities described in subsection (e)(5), including any
nonlethal, individual, or small-team landmine clearing
equipment or supplies that are to be transferred or otherwise
furnished to a foreign country in furtherance of the
provision of assistance under this section.
``(3) The cost of equipment, services, and supplies
provided in any fiscal year under paragraph (2)(B) may not
exceed $5,000,000.''.
(b) Coordination With Other Laws.--Section 401(b) of such
title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) Any authority provided under any other provision of
law to provide assistance that is described in subsection
(e)(5) to a foreign country shall be carried out in accord
[[Page 1994]]
ance with, and subject to the limitations prescribed in, this
section. Any such provision may be construed as superseding a
provision of this section only if, and to the extent that,
such provision specifically refers to this section and
specifically identifies the provision of this section that is
to be considered superseded or otherwise inapplicable under
such provision.''.
SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S
REPUBLIC OF CHINA.
(a) Report.--The Secretary of Defense shall prepare a
report, in both classified and unclassified form, on the
future pattern of military modernization of the People's
Republic of China. The report shall address both the probable
course of military-technological development in the People's
Liberation Army and the development of Chinese military
strategy and operational concepts.
(b) Matters To Be Included.--The report shall include
analyses and forecasts of the following:
(1) Trends that would lead the People's Republic of China
toward advanced intelligence, surveillance, and
reconnaissance capabilities, either through a development
program or by gaining access to commercial or third-party
systems with militarily significant capabilities.
(2) Efforts by the People's Republic of China to develop
highly accurate and low-observable ballistic and cruise
missiles, and the investments in infrastructure that would
allow for production of such weapons in militarily
significant quantities, particularly in numbers sufficient to
conduct attacks capable of overwhelming projected defense
capabilities in the region.
(3) Development by the People's Republic of China of
enhanced command and control networks, particularly those
capable of battle management that would include long-range
precision strikes.
(4) Programs of the People's Republic of China involving
unmanned aerial vehicles, particularly those with extended
ranges or loitering times.
(5) Exploitation by the People's Republic of China of the
Global Positioning System or other similar systems, including
commercial land surveillance satellites, for significant
military purposes, including particularly for increasing the
accuracy of weapons or the situational awareness of operating
forces.
(6) Development by the People's Republic of China of
capabilities for denial of sea control, such as advanced sea
mines or improved submarine capabilities.
(7) Continued development by the People's Republic of China
of follow-on forces, particularly those capable of rapid air
or amphibious assault.
(c) Submission of Report.--The report shall be submitted to
Congress not later than February 1, 1997.
SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS
PROLIFERATION AND POLICIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Findings.--The Congress finds that--
(1) the People's Republic of China acceded to the Treaty on
the Non-Proliferation of Nuclear Weapons (hereafter in this
section referred to as the ``NPT'') on March 9, 1992;
(2) the People's Republic of China is not a member of the
Nuclear Suppliers Group and remains the only major nuclear
supplier that continues to transfer nuclear technology,
equipment, and materials to countries that have not agreed to
the application of safeguards of the International Atomic
Energy Agency (hereafter in this section referred to as the
``IAEA'') over all of their nuclear materials;
(3) on June 30, 1995, the United States and 29 other
members of the Nuclear Suppliers Group notified the Director
General of the IAEA that the Government of each respective
country has decided that the controls of that Group should
not be defeated by the transfer of component parts;
(4) a state-owned entity in the People's Republic of China,
the China Nuclear Energy Industry Corporation, has knowingly
transferred specially designed ring magnets to an
unsafeguarded uranium enrichment facility in the Islamic
Republic of Pakistan;
(5) ring magnets are identified on the Trigger List of the
Nuclear Suppliers Group as a component of magnetic suspension
bearings which are to be exported only to countries that have
safeguards of the IAEA over all of their nuclear materials;
(6) these ring magnets could contribute significantly to
the ability of the Islamic Republic of Pakistan to produce
additional unsafeguarded enriched uranium, a nuclear
explosive material;
(7) the Government of the People's Republic of China has
transferred nuclear equipment and technology to the Islamic
Republic of Iran, despite repeated claims by the Government
of the United States that the Islamic Republic of Iran is
engaged in clandestine efforts to acquire a nuclear explosive
device;
(8) representatives of the Government of the People's
Republic of China have repeatedly assured the Government of
the United States that the People's Republic of China would
abide by the guidelines of the Missile Technology Control
Regime (hereafter in this section referred to as the
``MTCR'');
(9) the Government of China has transferred M-11 missiles
to the Islamic Republic of Pakistan; and
(10) the M-11 missile conforms to the definition of a
nuclear-capable missile under the MTCR.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) the assistance that the People's Republic of China has
provided to the Islamic Republic of Iran and to the Islamic
Republic of Pakistan could contribute to the ability of such
countries to manufacture nuclear weapons;
(2) the recent transfer by the People's Republic of China
of ring magnets to an unsafeguarded uranium enrichment
facility in the Islamic Republic of Pakistan conflicts with
China's obligations under Articles I and III of the NPT, as
well as the official nonproliferation policies and assurances
by the People's Republic of China and the Islamic Republic of
Pakistan with respect to the nonproliferation of nuclear
weapons and nuclear-capable missiles;
(3) the transfer of M-11 missiles from the People's
Republic of China to the Islamic Republic of Pakistan is
inconsistent with longstanding United States Government
interpretations of assurances from the Government of the
People's Republic of China with respect to that country's
intent to abide by the guidelines of the MTCR;
(4) violations by the People's Republic of China of the
standards and objectives of the MTCR and global nuclear
nonproliferation regimes have jeopardized the credibility of
the MTCR and such regimes;
(5) the MTCR and global nuclear nonproliferation regimes
require collective international action to impose costs
against and to withhold benefits from any country, including
the People's Republic of China, that engages in activities
that are contrary to the objectives of those regimes;
(6) the President should explore with the governments of
other countries new opportunities for collective action in
response to activities of any country, including the People's
Republic of China, that aid or abet the global proliferation
of weapons of mass destruction or their means of delivery;
and
(7) the President should communicate to the Government of
the People's Republic of China the sense of the Congress that
the stability and growth of future relations between the
people, the economies, and the Governments of the United
States and the People's Republic of China will significantly
depend upon substantive evidence of cooperation by the
Government of the People's Republic of China in efforts to
halt the global proliferation of weapons of mass destruction
and their means of delivery.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the
Congress a report, in both classified and unclassified form,
concerning the transfer from the People's Republic of China
to the Islamic Republic of Pakistan of technology, equipment,
or materials important to the production of nuclear weapons
and their means of delivery. The President shall include in
the report the following:
(1) The specific justification of the Secretary of State
for determining that there was not a sufficient basis for
imposing sanctions under section 2(b)(4) of the Export-Import
Bank Act of 1945, as amended by section 825 of the Nuclear
Proliferation Prevention Act of 1994, by reason of the
transfer of ring magnets and other technology, equipment, or
materials from the People's Republic of China to the Islamic
Republic of Pakistan.
(2) What commitment the United States Government is seeking
from the People's Republic of China to ensure that the
People's Republic of China establishes a fully effective
export control system that will prevent transfers (such as
the Pakistan sale) from taking place in the future.
(3) A description of the pledges, assurances, and other
commitments made by representatives of the Governments of the
People's Republic of China and the Islamic Republic of
Pakistan to the Government of the United States since January
1, 1991, with respect to the nonproliferation of nuclear
weapons or nuclear-capable missiles, and an assessment of the
record of compliance with such undertakings.
(4) Whether, in light of the recent assurances provided by
the People's Republic of China, the President intends to make
the certification and submit the report required by section
902(a)(6)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note), and make
the certification and submit the report required by Public
Law 99-183, relating to the approval and implementation of
the agreement for nuclear cooperation between the United
States and the People's Republic of China, and, if not, why
not.
(5) Whether the Secretary of State considers the recent
assurances and clarifications provided by the People's
Republic of China to have provided sufficient information to
allow the United States to determine that the People's
Republic of China is not in violation of paragraph (2) of
section 129 of the Atomic Energy Act of 1954, as required by
Public Law 99-183.
(6) If the President is unable or unwilling to make the
certifications and reports referred to in paragraph (4), a
description of what the President considers to be the
significance of the clarifications and assurances provided by
the People's Republic of China in the course of the recent
discussions regarding the transfer by the People's Republic
of China of nuclear-weapon-related equipment to the Islamic
Republic of Pakistan.
(7) A description of the laws, regulations, and procedures
currently used by the People's Republic of China to regulate
exports of nuclear technology, equipment, or materials,
including dual-use goods, and an assessment of the
effectiveness of such arrangements.
(8) A description of the current policies and practices of
other countries in response to the transfer of nuclear and
missile tech
[[Page 1995]]
nology by the People's Republic of China to the Islamic
Republic of Pakistan and the Islamic Republic of Iran.
SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT
DEFENSE CONVERSION COMMISSION.
None of the funds appropriated or otherwise available for
the Department of Defense for fiscal year 1997 or any prior
fiscal year may be obligated or expended for any activity
associated with the United States-People's Republic of China
Joint Defense Conversion Commission until 15 days after the
date on which the first semiannual report required by section
1343 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 487) is received by
Congress.
SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.
(a) Findings.--The Congress makes the following findings:
(1) Export controls are a part of a comprehensive response
to national security threats. The export of a United States
commodity or technology should be restricted in cases in
which the export of the commodity or technology would
increase the threat to the national security of the United
States or would be contrary to the nonproliferation goals or
foreign policy interests of the United States.
(2) The export of certain commodities and technology may
adversely affect the national security and foreign policy of
the United States by making a significant contribution to the
military potential of countries or by enhancing the
capability of countries to design, develop, test, produce,
stockpile, or use weapons of mass destruction and missile
delivery systems, and other significant military
capabilities. Therefore, the administration of export
controls should emphasize the control of these exports.
(3) The acquisition of sensitive commodities and
technologies by those countries and end users whose actions
or policies run counter to United States national security or
foreign policy interests may enhance the military
capabilities of those countries, particularly their ability
to design, develop, test, produce, stockpile, use, and
deliver nuclear, chemical, and biological weapons and missile
delivery systems, and other significant military
capabilities. This enhancement threatens the security of the
United States and its allies. The availability to countries
and end users of items that contribute to military
capabilities or the proliferation of weapons of mass
destruction is a fundamental concern of the United States and
should be eliminated through deterrence, negotiations, and
other appropriate means whenever possible.
(4) The national security of the United States depends not
only on wise foreign policies and a strong defense, but also
a vibrant national economy. To be truly effective, export
controls should be applied uniformly by all suppliers.
(5) On November 8, 1995, the President continued the
national emergency declared in Executive Order No. 12938 of
November 14, 1994, ``with respect to the unusual and
extraordinary threat to the national security, foreign
policy, and economy of the United States posed by the
proliferation of nuclear, biological, and chemical weapons
and the means of delivering such weapons''.
(6) A successor regime to COCOM (the Coordinating Committee
for Multilateral Export Controls) has not been established.
Currently, each nation is determining independently which
dual-use military items, if any, will be controlled for
export.
(7) The United States should play a leading role in
promoting transparency and responsibility with regard to the
transfers of sensitive dual-use goods and technologies.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) establishing an international export control regime,
empowered to control exports of dual-use technology, is
critically important and should be a top priority for the
United States; and
(2) the United States should strongly encourage its allies
and other friendly countries to--
(A) adopt export controls that are the same or similar to
the export controls imposed by the United States on items on
the Commerce Control List;
(B) strengthen enforcement of their export controls; and
(C) explore the use of unilateral export controls where the
possibility exists that an export could contribute to the
enhancement of military capabilities or proliferation
described in paragraphs (3) and (5) of subsection (a).
SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Composition of the Committee.--Subsection (a) of
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by adding
at the end the following new paragraph:
``(5) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs shall serve as
executive secretary to the committee.''.
(b) Additional Purpose of the Committee.--Subsection
(b)(1)(A) of such section is amended by inserting ``and
efforts, including efforts to stem the proliferation of
weapons of mass destruction and to negate paramilitary and
terrorist threats involving weapons of mass destruction''
after ``counterproliferation policy''.
(c) Four-Year Extension of the Committee.--Subsection (f)
of such section is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 2000''.
(d) Reports on Counterproliferation Activities and
Programs.--Section 1503 of the National Defense Authorization
Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended--
(1) in subsection (a)--
(A) by striking out ``Report Required.--(1) Not later than
May 1, 1995 and May 1, 1996, the Secretary'' and inserting in
lieu thereof ``Annual Report Required.--Not later than May 1
of each year, the Secretary''; and
(B) by striking out paragraph (2); and
(2) by adding at the end the following new subsections:
``(d) Review Committee Charter Defined.--For purposes of
this section, the term `Review Committee charter' means
section 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (22 U.S.C. 2751 note).
``(e) Termination of Requirement.--The final report
required under subsection (a) is the report for the year
following the year in which the Counterproliferation Program
Review Committee established under the Review Committee
Charter ceases to exist.''.
SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER
COUNTRIES TO IMPROVE SECURITY OF FISSILE
MATERIAL.
(a) Findings.--Congress finds the following:
(1) With the end of the Cold War, the world is faced with
the need to manage the dismantling of vast numbers of nuclear
weapons and the disposition of the fissile materials that
they contain.
(2) If recently agreed reductions in nuclear weapons are
fully implemented, tens of thousands of nuclear weapons,
containing a hundred tons or more of plutonium and many
hundreds of tons of highly enriched uranium, will no longer
be needed for military purposes.
(3) Plutonium and highly enriched uranium are the essential
ingredients of nuclear weapons.
(4) Limits on access to plutonium and highly enriched
uranium are the primary technical barrier to acquiring
nuclear weapons capability in the world today.
(5) Several kilograms of plutonium, or several times that
amount of highly enriched uranium, are sufficient to make a
nuclear weapon.
(6) Plutonium and highly enriched uranium will continue to
pose a potential threat for as long as they exist.
(7) Action is required to secure and account for plutonium
and highly enriched uranium.
(8) It is in the national interest of the United States
to--
(A) minimize the risk that fissile materials could be
obtained by unauthorized parties;
(B) minimize the risk that fissile materials could be
reintroduced into the arsenals from which they came, halting
or reversing the arms reduction process; and
(C) strengthen the national and international control
mechanisms and incentives designed to ensure continued arms
reductions and prevent the spread of nuclear weapons.
(b) Sense of Congress.--In light of the findings contained
in subsection (a), it is the sense of Congress that the
United States has a national security interest in assisting
other countries to improve the security of their stocks of
fissile material.
SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF
NATIONAL INTELLIGENCE ESTIMATE 95-19.
(a) Review.--The Director of Central Intelligence shall
conduct a review of the underlying assumptions and
conclusions of the National Intelligence Estimate designated
as NIE 95-19 and entitled ``Emerging Missile Threats to North
America During the Next 15 Years'', released by the Director
in November 1995.
(b) Methodology for Review.--The Director shall carry out
the review under subsection (a) through a panel of
independent, nongovernmental individuals with appropriate
expertise and experience. Such a panel shall be convened by
the Director not later than 45 days after the date of the
enactment of this Act.
(c) Report.--The Director shall submit the findings
resulting from the review under subsection (a), together with
any comments of the Director on the review and the findings,
to Congress not later than three months after the appointment
of the Commission under section 1321.
Subtitle B--Commission to Assess the Ballistic Missile Threat to the
United States
SEC. 1321. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the
Ballistic Missile Threat to the United States'' (hereinafter
in this subtitle referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of nine
members appointed by the Director of Central Intelligence. In
selecting individuals for appointment to the Commission, the
Director should consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) the minority leader of the House of Representatives and
the minority leader of the Senate concerning the appointment
of three of the members of the Commission.
(c) Qualifications.--Members of the Commission shall be
appointed from among pri
[[Page 1996]]
vate United States citizens with knowledge and expertise in
the political and military aspects of proliferation of
ballistic missiles and the ballistic missile threat to the
United States.
(d) Chairman.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission
to serve as chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than
45 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date as of which all members of
the Commission have been appointed, but not earlier than
October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission
shall assess the nature and magnitude of the existing and
emerging ballistic missile threat to the United States.
(b) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of
Central Intelligence, and any other United States Government
official responsible for providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to the Congress a report on
its findings and conclusions.
SEC. 1324. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this subtitle, hold hearings,
sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency,
and any other Federal department or agency information that
the Commission considers necessary to enable the Commission
to carry out its responsibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for
the purpose of carrying out the Commission's duties. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable
for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Director of Central Intelligence shall furnish the
Commission, on a reimbursable basis, any administrative and
support services requested by the Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided
from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 1997. Upon receipt of a written certification
from the Chairman of the Commission specifying the funds
required for the activities of the Commission, the Secretary
of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated
in such certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report under section 1323.
TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A--Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass
destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in
emergency situations involving biological or chemical
weapons.
Sec. 1417. Rapid response information system.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border
security.
Sec. 1422. Extension of coverage of International Emergency Economic
Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
Threat Reduction programs on elimination or
transportation of nuclear weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
Subtitle E--Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
programs.
Sec. 1453. Sense of Congress concerning assistance to states of former
Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and
transportation of fissile materials at risk of theft.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1996''.
SEC. 1402. FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related materials and
technologies are increasingly available from worldwide
sources. Technical information relating to such weapons is
readily available on the Internet, and raw materials for
chemical, biological, and radiological weapons are widely
available for legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a vast
array of nuclear, biological, and chemical weapons of mass
destruction.
[[Page 1997]]
(3) Many of the states of the former Soviet Union retain
the facilities, materials, and technologies capable of
producing additional quantities of weapons of mass
destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control systems,
deficiencies in accountability for weapons, weapons-related
materials and technologies, economic hardships, and
significant gaps in border control among the states of the
former Soviet Union. The problems of organized crime and
corruption in the states of the former Soviet Union increase
the potential for proliferation of nuclear, radiological,
biological, and chemical weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially hostile
nations, terrorist groups, and individuals to acquire weapons
of mass destruction and related materials and technologies
from within the states of the former Soviet Union and from
unemployed scientists who worked on those programs.
(6) As a result of such conditions, the capability of
potentially hostile nations and terrorist groups to acquire
nuclear, radiological, biological, and chemical weapons is
greater than any time in history.
(7) The President has identified North Korea, Iraq, Iran,
and Libya as hostile states which already possess some
weapons of mass destruction and are developing others.
(8) The acquisition or the development and use of weapons
of mass destruction is well within the capability of many
extremist and terrorist movements, acting independently or as
proxies for foreign states.
(9) Foreign states can transfer weapons to or otherwise aid
extremist and terrorist movements indirectly and with
plausible deniability.
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States and
Japan, and a radiological attack in Russia.
(11) The potential for the national security of the United
States to be threatened by nuclear, radiological, chemical,
or biological terrorism must be taken seriously.
(12) There is a significant and growing threat of attack by
weapons of mass destruction on targets that are not military
targets in the usual sense of the term.
(13) Concomitantly, the threat posed to the citizens of the
United States by nuclear, radiological, biological, and
chemical weapons delivered by unconventional means is
significant and growing.
(14) Mass terror may result from terrorist incidents
involving nuclear, radiological, biological, or chemical
materials.
(15) Facilities required for production of radiological,
biological, and chemical weapons are much smaller and harder
to detect than nuclear weapons facilities, and biological,
and chemical weapons can be deployed by alternative delivery
means other than long-range ballistic missiles.
(16) Covert or unconventional means of delivery of nuclear,
radiological, biological, and chemical weapons include cargo
ships, passenger aircraft, commercial and private vehicles
and vessels, and commercial cargo shipments routed through
multiple destinations.
(17) Traditional arms control efforts assume large state
efforts with detectable manufacturing programs and weapons
production programs, but are ineffective in monitoring and
controlling smaller, though potentially more dangerous,
unconventional proliferation efforts.
(18) Conventional counterproliferation efforts would do
little to detect or prevent the rapid development of a
capability to suddenly manufacture several hundred chemical
or biological weapons with nothing but commercial supplies
and equipment.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear,
radiological, biological, and chemical terrorism.
(20) The Department of Energy has established a Nuclear
Emergency Response Team which is available in case of nuclear
or radiological emergencies, but no comparable units exist to
deal with emergencies involving biological, or chemical
weapons or related materials.
(21) State and local emergency response personnel are not
adequately prepared or trained for incidents involving
nuclear, radiological, biological, or chemical materials.
(22) Exercises of the Federal, State, and local response to
nuclear, radiological, biological, or chemical terrorism have
revealed serious deficiencies in preparedness and severe
problems of coordination.
(23) The development of, and allocation of responsibilities
for, effective countermeasures to nuclear, radiological,
biological, or chemical terrorism in the United States
requires well-coordinated participation of many Federal
agencies, and careful planning by the Federal Government and
State and local governments.
(24) Training and exercises can significantly improve the
preparedness of State and local emergency response personnel
for emergencies involving nuclear, radiological, biological,
or chemical weapons or related materials.
(25) Sharing of the expertise and capabilities of the
Department of Defense, which traditionally has provided
assistance to Federal, State, and local officials in
neutralizing, dismantling, and disposing of explosive
ordnance, as well as radiological, biological, and chemical
materials, can be a vital contribution to the development and
deployment of countermeasures against nuclear, biological,
and chemical weapons of mass destruction.
(26) The United States lacks effective policy coordination
regarding the threat posed by the proliferation of weapons of
mass destruction.
SEC. 1403. DEFINITIONS.
In this title:
(1) The term ``weapon of mass destruction'' means any
weapon or device that is intended, or has the capability, to
cause death or serious bodily injury to a significant number
of people through the release, dissemination, or impact of--
(A) toxic or poisonous chemicals or their precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ``independent states of the former Soviet
Union'' has the meaning given that term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235.
Subtitle A--Domestic Preparedness
SEC. 1411. RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF
MASS DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
potential for terrorist use of weapons of mass destruction
against the United States, the President shall take immediate
action--
(1) to enhance the capability of the Federal Government to
prevent and respond to terrorist incidents involving weapons
of mass destruction; and
(2) to provide enhanced support to improve the capabilities
of State and local emergency response agencies to prevent and
respond to such incidents at both the national and the local
level.
(b) Report Required.--Not later than January 31, 1997, the
President shall transmit to Congress a report containing--
(1) an assessment of the capabilities of the Federal
Government to prevent and respond to terrorist incidents
involving weapons of mass destruction and to support State
and local prevention and response efforts;
(2) requirements for improvements in those capabilities;
and
(3) the measures that should be taken to achieve such
improvements, including additional resources and legislative
authorities that would be required.
SEC. 1412. EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) Program Required.--(1) The Secretary of Defense shall
carry out a program to provide civilian personnel of Federal,
State, and local agencies with training and expert advice
regarding emergency responses to a use or threatened use of a
weapon of mass destruction or related materials.
(2) The President may designate the head of an agency other
than the Department of Defense to assume the responsibility
for carrying out the program on or after October 1, 1999, and
relieve the Secretary of Defense of that responsibility upon
the assumption of the responsibility by the designated
official.
(3) In this section, the official responsible for carrying
out the program is referred to as the ``lead official''.
(b) Coordination.--In carrying out the program, the lead
official shall coordinate with each of the following
officials who is not serving as the lead official:
(1) The Director of the Federal Emergency Management
Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and local
government agencies that have an expertise or
responsibilities relevant to emergency responses described in
subsection (a)(1).
(c) Eligible Participants.--The civilian personnel eligible
to receive assistance under the program are civilian
personnel of Federal, State, and local agencies who have
emergency preparedness responsibilities.
(d) Involvement of Other Federal Agencies.--(1) The lead
official may use personnel and capabilities of Federal
agencies outside the agency of the lead official to provide
training and expert advice under the program.
(2)(A) Personnel used under paragraph (1) shall be
personnel who have special skills relevant to the particular
assistance that the personnel are to provide.
(B) Capabilities used under paragraph (1) shall be
capabilities that are especially relevant to the particular
assistance for which the capabilities are used.
(3) If the lead official is not the Secretary of Defense,
and requests assistance from the Department of Defense that,
in the judgment of the Secretary of Defense would affect
military readiness or adversely affect national security, the
Secretary of Defense may appeal the request for Department of
Defense assistance by the lead official to the President.
(e) Available Assistance.--Assistance available under this
program shall include the following:
(1) Training in the use, operation, and maintenance of
equipment for--
(A) detecting a chemical or biological agent or nuclear
radiation;
(B) monitoring the presence of such an agent or radiation;
(C) protecting emergency personnel and the public; and
(D) decontamination.
(2) Establishment of a designated telephonic link (commonly
referred to as a ``hot
[[Page 1998]]
line'') to a designated source of relevant data and expert
advice for the use of State or local officials responding to
emergencies involving a weapon of mass destruction or related
materials.
(3) Use of the National Guard and other reserve components
for purposes authorized under this section that are specified
by the lead official (with the concurrence of the Secretary
of Defense if the Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) Limitations on Department of Defense Assistance to Law
Enforcement Agencies.--Assistance provided by the Department
of Defense to law enforcement agencies under this section
shall be provided under the authority of, and subject to the
restrictions provided in, chapter 18 of title 10, United
States Code.
(g) Administration of Department of Defense Assistance.--
The Secretary of Defense shall designate an official within
the Department of Defense to serve as the executive agent of
the Secretary for the coordination of the provision of
Department of Defense assistance under this section.
(h) Funding.--(1) Of the total amount authorized to be
appropriated under section 301, $35,000,000 is available for
the program required under this section.
(2) Of the amount available for the program pursuant to
paragraph (1), $10,500,000 is available for use by the
Secretary of Defense to assist the Secretary of Health and
Human Services in the establishment of metropolitan emergency
medical response teams (commonly referred to as
``Metropolitan Medical Strike Force Teams'') to provide
medical services that are necessary or potentially necessary
by reason of a use or threatened use of a weapon of mass
destruction.
(3) The amount available for the program under paragraph
(1) is in addition to any other amounts authorized to be
appropriated for the program under section 301.
SEC. 1413. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY
RESPONSE.
(a) Department of Defense.--The Secretary of Defense shall
designate an official within the Department of Defense as the
executive agent for--
(1) the coordination of Department of Defense assistance to
Federal, State, and local officials in responding to threats
involving biological or chemical weapons or related materials
or technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of biological and
chemical weapons and related materials and technologies; and
(2) the coordination of Department of Defense assistance to
the Department of Energy in carrying out that department's
responsibilities under subsection (b).
(b) Department of Energy.--The Secretary of Energy shall
designate an official within the Department of Energy as the
executive agent for--
(1) the coordination of Department of Energy assistance to
Federal, State, and local officials in responding to threats
involving nuclear, chemical, and biological weapons or
related materials or technologies, including assistance in
identifying, neutralizing, dismantling, and disposing of
nuclear weapons and related materials and technologies; and
(2) the coordination of Department of Energy assistance to
the Department of Defense in carrying out that department's
responsibilities under subsection (a).
(c) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
providing assistance described in subsection (a).
SEC. 1414. CHEMICAL-BIOLOGICAL EMERGENCY RESPONSE TEAM.
(a) Department of Defense Rapid Response Team.--The
Secretary of Defense shall develop and maintain at least one
domestic terrorism rapid response team composed of members of
the Armed Forces and employees of the Department of Defense
who are capable of aiding Federal, State, and local officials
in the detection, neutralization, containment, dismantlement,
and disposal of weapons of mass destruction containing
chemical, biological, or related materials.
(b) Addition to Federal Response Plan.--Not later than
December 31, 1997, the Director of the Federal Emergency
Management Agency shall develop and incorporate into existing
Federal emergency response plans and programs prepared under
section 611(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on the
use and deployment of the rapid response teams established
under this section to respond to emergency involving weapons
of mass destruction. The Director shall carry out this
subsection in consultation with the Secretary of Defense and
the heads of other Federal agencies involved with the
emergency response plans.
SEC. 1415. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL
WEAPONS.
(a) Emergencies Involving Chemical or Biological Weapons.--
(1) The Secretary of Defense shall develop and carry out a
program for testing and improving the responses of Federal,
State, and local agencies to emergencies involving biological
weapons and related materials and emergencies involving
chemical weapons and related materials.
(2) The program shall include exercises to be carried out
during each of five successive fiscal years beginning with
fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal
Emergency Management Agency, the Secretary of Energy, and the
heads of any other Federal, State, and local government
agencies that have an expertise or responsibilities relevant
to emergencies described in paragraph (1).
(b) Emergencies Involving Nuclear and Radiological
Weapons.--(1) The Secretary of Energy shall develop and carry
out a program for testing and improving the responses of
Federal, State, and local agencies to emergencies involving
nuclear and radiological weapons and related materials.
(2) The program shall include exercises to be carried out
during each of five successive fiscal years beginning with
fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal
Emergency Management Agency, the Secretary of Defense, and
the heads of any other Federal, State, and local government
agencies that have an expertise or responsibilities relevant
to emergencies described in paragraph (1).
(c) Annual Revisions of Programs.--The official responsible
for carrying out a program developed under subsection (a) or
(b) shall revise the program not later than June 1 in each
fiscal year covered by the program. The revisions shall
include adjustments that the official determines necessary or
appropriate on the basis of the lessons learned from the
exercise or exercises carried out under the program in the
fiscal year, including lessons learned regarding coordination
problems and equipment deficiencies.
(d) Option To Transfer Responsibility.--(1) The President
may designate the head of an agency outside the Department of
Defense to assume the responsibility for carrying out the
program developed under subsection (a) beginning on or after
October 1, 1999, and relieve the Secretary of Defense of that
responsibility upon the assumption of the responsibility by
the designated official.
(2) The President may designate the head of an agency
outside the Department of Energy to assume the responsibility
for carrying out the program developed under subsection (b)
beginning on or after October 1, 1999, and relieve the
Secretary of Energy of that responsibility upon the
assumption of the responsibility by the designated official.
(e) Funding.--Of the total amount authorized to be
appropriated under section 301, $15,000,000 is available for
the development and execution of the programs required by
this section, including the participation of State and local
agencies in exercises carried out under the programs.
SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT
OFFICIALS IN EMERGENCY SITUATIONS INVOLVING
BIOLOGICAL OR CHEMICAL WEAPONS.
(a) Assistance Authorized.--(1) Chapter 18 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 382. Emergency situations involving chemical or
biological weapons of mass destruction
``(a) In General.--The Secretary of Defense, upon the
request of the Attorney General, may provide assistance in
support of Department of Justice activities relating to the
enforcement of section 175 or 2332c of title 18 during an
emergency situation involving a biological or chemical weapon
of mass destruction. Department of Defense resources,
including personnel of the Department of Defense, may be used
to provide such assistance if--
``(1) the Secretary of Defense and the Attorney General
jointly determine that an emergency situation exists; and
``(2) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(b) Emergency Situations Covered.--In this section, the
term `emergency situation involving a biological or chemical
weapon of mass destruction' means a circumstance involving a
biological or chemical weapon of mass destruction--
``(1) that poses a serious threat to the interests of the
United States; and
``(2) in which--
``(A) civilian expertise and capabilities are not readily
available to provide the required assistance to counter the
threat immediately posed by the weapon involved;
``(B) special capabilities and expertise of the Department
of Defense are necessary and critical to counter the threat
posed by the weapon involved; and
``(C) enforcement of section 175 or 2332c of title 18 would
be seriously impaired if the Department of Defense assistance
were not provided.
``(c) Forms of Assistance.--The assistance referred to in
subsection (a) includes the operation of equipment (including
equipment made available under section 372 of this title) to
monitor, contain, disable, or dispose of the weapon involved
or elements of the weapon.
``(d) Regulations.--(1) The Secretary of Defense and the
Attorney General shall jointly prescribe regulations
concerning the types of assistance that may be provided under
this section. Such regulations shall also describe the
actions that Department of Defense personnel may take in
circumstances incident to the provision of assistance under
this section.
``(2)(A) Except as provided in subparagraph (B), the
regulations may not authorize the following actions:
``(i) Arrest.
``(ii) Any direct participation in conducting a search for
or seizure of evidence re
[[Page 1999]]
lated to a violation of section 175 or 2332c of title 18.
``(iii) Any direct participation in the collection of
intelligence for law enforcement purposes.
``(B) The regulations may authorize an action described in
subparagraph (A) to be taken under the following conditions:
``(i) The action is considered necessary for the immediate
protection of human life, and civilian law enforcement
officials are not capable of taking the action.
``(ii) The action is otherwise authorized under subsection
(c) or under otherwise applicable law.
``(e) Reimbursements.--The Secretary of Defense shall
require reimbursement as a condition for providing assistance
under this section to the extent required under section 377
of this title.
``(f) Delegations of Authority.--(1) Except to the extent
otherwise provided by the Secretary of Defense, the Deputy
Secretary of Defense may exercise the authority of the
Secretary of Defense under this section. The Secretary of
Defense may delegate the Secretary's authority under this
section only to an Under Secretary of Defense or an Assistant
Secretary of Defense and only if the Under Secretary or
Assistant Secretary to whom delegated has been designated by
the Secretary to act for, and to exercise the general powers
of, the Secretary.
``(2) Except to the extent otherwise provided by the
Attorney General, the Deputy Attorney General may exercise
the authority of the Attorney General under this section. The
Attorney General may delegate that authority only to the
Associate Attorney General or an Assistant Attorney General
and only if the Associate Attorney General or Assistant
Attorney General to whom delegated has been designated by the
Attorney General to act for, and to exercise the general
powers of, the Attorney General.
``(g) Relationship to Other Authority.--Nothing in this
section shall be construed to restrict any executive branch
authority regarding use of members of the armed forces or
equipment of the Department of Defense that was in effect
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``382. Emergency situations involving chemical or biological weapons of
mass destruction.''.
(b) Conforming Amendment to Condition for Providing
Equipment and Facilities.--Section 372(b)(1) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ``The requirement for a determination
that an item is not reasonably available from another source
does not apply to assistance provided under section 382 of
this title pursuant to a request of the Attorney General for
the assistance.''.
(c) Conforming Amendments Relating to Authority To Request
Assistance.--(1)(A) Chapter 10 of title 18, United States
Code, is amended by inserting after section 175 the following
new section:
``Sec. 175a. Requests for military assistance to enforce
prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in
support of Department of Justice activities relating to the
enforcement of section 175 of this title in an emergency
situation involving a biological weapon of mass destruction.
The authority to make such a request may be exercised by
another official of the Department of Justice in accordance
with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
175 the following new item:
``175a. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(2)(A) The chapter 133B of title 18, United States Code,
that relates to terrorism is amended by inserting after
section 2332c the following new section:
``Sec. 2332d. Requests for military assistance to enforce
prohibition in certain emergencies
``The Attorney General may request the Secretary of Defense
to provide assistance under section 382 of title 10 in
support of Department of Justice activities relating to the
enforcement of section 2332c of this title during an
emergency situation involving a chemical weapon of mass
destruction. The authority to make such a request may be
exercised by another official of the Department of Justice in
accordance with section 382(f)(2) of title 10.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2332c the following new item:
``2332d. Requests for military assistance to enforce prohibition in
certain emergencies.''.
(d) Civilian Expertise.--The President shall take
reasonable measures to reduce the reliance of civilian law
enforcement officials on Department of Defense resources to
counter the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within
the United States. The measures shall include--
(1) actions to increase civilian law enforcement expertise
to counter such a threat; and
(2) actions to improve coordination between civilian law
enforcement officials and other civilian sources of
expertise, within and outside the Federal Government, to
counter such a threat.
(e) Reports.--The President shall submit to Congress the
following reports:
(1) Not later than 90 days after the date of the enactment
of this Act, a report describing the respective policy
functions and operational roles of Federal agencies in
countering the threat posed by the use or potential use of
biological and chemical weapons of mass destruction within
the United States.
(2) Not later than one year after such date, a report
describing--
(A) the actions planned to be taken to carry out subsection
(d); and
(B) the costs of such actions.
(3) Not later than three years after such date, a report
updating the information provided in the reports submitted
pursuant to paragraphs (1) and (2), including the measures
taken pursuant to subsection (d).
SEC. 1417. RAPID RESPONSE INFORMATION SYSTEM.
(a) Inventory of Rapid Response Assets.--(1) The head of
each Federal Response Plan agency shall develop and maintain
an inventory of physical equipment and assets under the
jurisdiction of that agency that could be made available to
aid State and local officials in search and rescue and other
disaster management and mitigation efforts associated with an
emergency involving weapons of mass destruction. The agency
head shall submit a copy of the inventory, and any updates of
the inventory, to the Director of the Federal Emergency
Management Agency for inclusion in the master inventory
required under subsection (b).
(2) Each inventory shall include a separate listing of any
equipment that is excess to the needs of that agency and
could be considered for disposal as excess or surplus
property for use for response and training with regard to
emergencies involving weapons of mass destruction.
(b) Master Inventory.--The Director of the Federal
Emergency Management Agency shall compile and maintain a
comprehensive listing of all inventories prepared under
subsection (a). The first such master list shall be completed
not later than December 31, 1997, and shall be updated
annually thereafter.
(c) Addition to Federal Response Plan.--Not later than
December 31, 1997, the Director of the Federal Emergency
Management Agency shall develop and incorporate into existing
Federal emergency response plans and programs prepared under
section 611(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on
accessing and using the physical equipment and assets
included in the master list developed under subsection to
respond to emergencies involving weapons of mass destruction.
(d) Database on Chemical and Biological Materials.--The
Director of the Federal Emergency Management Agency, in
consultation with the Secretary of Defense, shall prepare a
database on chemical and biological agents and munitions
characteristics and safety precautions for civilian use. The
initial design and compilation of the database shall be
completed not later than December 31, 1997.
(e) Access to Inventory and Database.--The Director of the
Federal Emergency Management Agency shall design and maintain
a system to give Federal, State, and local officials access
to the inventory listing and database maintained under this
section in the event of an emergency involving weapons of
mass destruction or to prepare and train to respond to such
an emergency. The system shall include a secure but
accessible emergency response hotline to access information
and request assistance.
Subtitle B--Interdiction of Weapons of Mass Destruction and Related
Materials
SEC. 1421. PROCUREMENT OF DETECTION EQUIPMENT UNITED STATES
BORDER SECURITY.
Of the amount authorized to be appropriated by section 301,
$15,000,000 is available for the procurement of--
(1) equipment capable of detecting the movement of weapons
of mass destruction and related materials into the United
States;
(2) equipment capable of interdicting the movement of
weapons of mass destruction and related materials into the
United States; and
(3) materials and technologies related to use of equipment
described in paragraph (1) or (2).
SEC. 1422. EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended--
(1) in subsection (a), by inserting ``, or attempts to
violate,'' after ``violates''; and
(2) in subsection (b), by inserting ``, or willfully
attempts to violate,'' after ``violates''.
SEC. 1423. SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES.
(a) Sense of Congress Concerning Inadequacy of Sentencing
Guidelines.--It is the sense of Congress that the sentencing
guidelines prescribed by the United States Sentencing
Commission for the offenses of importation, attempted
importation, exportation, and attempted exportation of
nuclear, biological, and chemical weapons materials
constitute inadequate punishment for such offenses.
(b) Urging of Revison to Guidelines.--Congress urges the
United States Sentencing Commission to revise the relevant
sentencing guidelines to provide for increased penalties for
offenses relating to importa
[[Page 2000]]
tion, attempted importation, exportation, and attempted
exportation of nuclear, biological, or chemical weapons or
related materials or technologies under the following
provisions of law:
(1) Section 11 of the Export Administration Act of 1979 (50
U.S.C. App. 2410).
(2) Sections 38 and 40 the Arms Export Control Act (22
U.S.C. 2778 and 2780).
(3) The International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
(4) Section 309(c) of the Nuclear Non-Proliferation Act of
1978 (22 U.S.C. 2156a(c).
SEC. 1424. INTERNATIONAL BORDER SECURITY.
(a) Secretary of Defense Responsibility.--The Secretary of
Defense, in consultation and cooperation with the
Commissioner of Customs, shall carry out programs for
assisting customs officials and border guard officials in the
independent states of the former Soviet Union, the Baltic
states, and other countries of Eastern Europe in preventing
unauthorized transfer and transportation of nuclear,
biological, and chemical weapons and related materials.
Training, expert advice, maintenance of equipment, loan of
equipment, and audits may be provided under or in connection
with the programs.
(b) Funding.--Of the total amount authorized to be
appropriated by section 301, $15,000,000 is available for
carrying out the programs referred to in subsection (a).
(c) Assistance to States of the Former Soviet Union.--
Assistance under programs referred to in subsection (a) may
(notwithstanding any provision of law prohibiting the
extension of foreign assistance to any of the newly
independents state of the former Soviet Union) be extended to
include an independent state of the former Soviet Union if
the President certifies to Congress that it is in the
national interest of the United States to extend assistance
under this section to that state.
Subtitle C--Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
SEC. 1431. COVERAGE OF WEAPONS-USABLE FISSILE MATERIALS IN
COOPERATIVE THREAT REDUCTION PROGRAMS ON
ELIMINATION OR TRANSPORTATION OF NUCLEAR
WEAPONS.
Section 1201(b)(1) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469;
22 U.S.C. 5955 note) is amended by inserting ``, fissile
material suitable for use in nuclear weapons,'' after ``other
weapons''.
SEC. 1432. ELIMINATION OF PLUTONIUM PRODUCTION.
(a) Replacement Program.--The Secretary of Energy, in
consultation with the Secretary of Defense, shall develop a
cooperative program with the Government of Russia to
eliminate the production of weapons grade plutonium by
modifying or replacing the reactor cores at Tomsk-7 and
Krasnoyarsk-26 with reactor cores that are less suitable for
the production of weapons-grade plutonium.
(b) Program Requirements.--(1) The program shall be
designed to achieve completion of the modifications or
replacements of the reactor cores within three years after
the modification or replacement activities under the program
are begun.
(2) The plan for the program shall--
(A) specify--
(i) successive steps for the modification or replacement of
the reactor cores; and
(ii) clearly defined milestones to be achieved; and
(B) include estimates of the costs of the program.
(c) Submission of Program Plan to Congress.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress--
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is
necessary for carrying out the activities under the program
for each fiscal year covered by the program; and
(3) a comparison of the benefits of the program with the
benefits of other nonproliferation programs.
Subtitle D--Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
SEC. 1441. NATIONAL COORDINATOR ON NONPROLIFERATION.
(a) Designation of Position.--The President shall designate
an individual to serve in the Executive Office of the
President as the National Coordinator for Nonproliferation
Matters.
(b) Duties.--The Coordinator, under the direction of the
National Security Council, shall advise and assist the
President by--
(1) advising the President on nonproliferation of weapons
of mass destruction, including issues related to terrorism,
arms control, and international organized crime.
(2) chairing the Committee on Nonproliferation established
under section 1342; and
(3) taking such actions as are necessary to ensure that
there is appropriate emphasis in, cooperation on, and
coordination of, nonproliferation research efforts of the
United States, including activities of Federal agencies as
well as activities of contractors funded by the Federal
Government.
(c) Allocation of Funds.--Of the total amount authorized to
be appropriated under section 301, $2,000,000 is available to
the Department of Defense for carrying out research referred
to in subsection (b)(3).
SEC. 1442. NATIONAL SECURITY COUNCIL COMMITTEE ON
NONPROLIFERATION.
(a) Establishment.--The Committee on Nonproliferation (in
this section referred to as the ``Committee'') is established
as a committee of the National Security Council.
(b) Membership.--(1) The Committee shall be composed of
representatives of the following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Attorney General.
(E) The Secretary of Energy.
(F) The Administrator of the Federal Emergency Management
Agency.
(G) The Secretary of the Treasury.
(H) The Secretary of Commerce.
(I) Such other members as the President may designate.
(2) The National Coordinator for Nonproliferation Matters
shall chair the Committee on Nonproliferation.
(c) Responsibilities.--The Committee has the following
responsibilities:
(1) To review and coordinate Federal programs, policies,
and directives relating to the proliferation of weapons of
mass destruction and related materials and technologies,
including matters relating to terrorism and international
organized crime.
(2) To make recommendations through the National Security
Council to the President regarding the following:
(A) Integrated national policies for countering the threats
posed by weapons of mass destruction.
(B) Options for integrating Federal agency budgets for
countering such threats.
(C) Means to ensure that the Federal, State, and local
governments have adequate capabilities to manage crises
involving nuclear, radiological, biological, or chemical
weapons or related materials or technologies, and to manage
the consequences of a use of such a weapon or related
materials or technologies, and that use of those capabilities
is coordinated.
(D) Means to ensure appropriate cooperation on, and
coordination of, the following:
(i) Preventing the smuggling of weapons of mass destruction
and related materials and technologies.
(ii) Promoting domestic and international law enforcement
efforts against proliferation-related efforts.
(iii) Countering the involvement of organized crime groups
in proliferation-related activities.
(iv) Safeguarding weapons of mass destruction materials and
related technologies.
(v) Improving coordination and cooperation among
intelligence activities, law enforcement, and the Departments
of Defense, State, Commerce, and Energy in support of
nonproliferation and counterproliferation efforts.
(vi) Improving export controls over materials and
technologies that can contribute to the acquisition of
weapons of mass destruction.
(vii) Reducing proliferation of weapons of mass destruction
and related materials and technologies.
SEC. 1443. COMPREHENSIVE PREPAREDNESS PROGRAM.
(a) Program Required.--The President, acting through the
Committee on Nonproliferation established under section 1442,
shall develop a comprehensive program for carrying out this
title.
(b) Content of Program.--The program set forth in the
report shall include specific plans as follows:
(1) Plans for countering proliferation of weapons of mass
destruction and related materials and technologies.
(2) Plans for training and equipping Federal, State, and
local officials for managing a crisis involving a use or
threatened use of a weapon of mass destruction, including the
consequences of the use of such a weapon.
(3) Plans for providing for regular sharing of information
among intelligence, law enforcement, and customs agencies.
(4) Plans for training and equipping law enforcement units,
customs services, and border security personnel to counter
the smuggling of weapons of mass destruction and related
materials and technologies.
(5) Plans for establishing appropriate centers for
analyzing seized nuclear, radiological, biological, and
chemical weapons, and related materials and technologies.
(6) Plans for establishing in the United States appropriate
legal controls and authorities relating to the exporting of
nuclear, radiological, biological, and chemical weapons, and
related materials and technologies.
(7) Plans for encouraging and assisting governments of
foreign countries to implement and enforce laws that set
forth appropriate penalties for offenses regarding the
smuggling of weapons of mass destruction and related
materials and technologies.
(8) Plans for building the confidence of the United States
and Russia in each other's controls over United States and
Russian nuclear weapons and fissile materials, including
plans for verifying the dismantlement of nuclear weapons.
(9) Plans for reducing United States and Russian stockpiles
of excess plutonium, reflecting--
(A) consideration of the desirability and feasibility of a
United States-Russian agreement governing fissile material
disposition and the specific technologies and approaches to
be used for disposition of excess plutonium; and
(B) an assessment of the options for United States
cooperation with Russia in the disposition of Russian
plutonium.
(10) Plans for studying the merits and costs of
establishing a global network of means for
[[Page 2001]]
detecting and responding to terroristic or other criminal use
of biological agents against people or other forms of life in
the United States or any foreign country.
(c) Report.--(1) At the same time that the President
submits the budget for fiscal year 1998 to Congress pursuant
to section 1105(a) of title 31, United States Code, the
President shall submit to Congress a report that sets forth
the comprehensive program developed under subsection (a).
(2) The report shall include the following:
(A) The specific plans for the program that are required
under subsection (b).
(B) Estimates of the funds necessary, by agency or
department, for carrying out such plans in fiscal year 1998
and the following five fiscal years.
(3) The report shall be in an unclassified form. If there
is a classified version of the report, the President shall
submit the classified version at the same time.
SEC. 1444. TERMINATION.
After September 30, 1999, the President--
(1) is not required to maintain a National Coordinator for
Nonproliferation Matters under section 1341; and
(2) may terminate the Committee on Nonproliferation
established under section 1342.
Subtitle E--Miscellaneous
SEC. 1451. SENSE OF CONGRESS CONCERNING CONTRACTING POLICY.
It is the sense of Congress that the Secretary of Defense,
the Secretary of Energy, the Secretary of the Treasury, and
the Secretary of State, to the extent authorized by law,
should--
(1) contract directly with suppliers in independent states
of the former Soviet Union when such action would--
(A) result in significant savings of the programs referred
to in subtitle C; and
(B) substantially expedite completion of the programs
referred to in subtitle C; and
(2) seek means to use innovative contracting approaches to
avoid delay and increase the effectiveness of such programs
and of the exercise of such authorities.
SEC. 1452. TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT
REDUCTION PROGRAMS.
Congress finds that--
(1) the various Cooperative Threat Reduction programs are
being carried out at different rates in the various countries
covered by such programs; and.
(2) it is necessary to authorize transfers of funding
allocations among the various programs in order to maximize
the effectiveness of United States efforts under such
programs.
SEC. 1453. SENSE OF CONGRESS CONCERNING ASSISTANCE TO STATES
OF FORMER SOVIET UNION.
It is the sense of Congress that--
(1) the Cooperative Threat Reduction programs and other
United States programs authorized in the National Defense
Authorization Act for Fiscal Years 1993 and 1994 should be
expanded by offering assistance under those programs to other
independent states of the former Soviet Union in addition to
Russia, Ukraine, Kazakstan, and Belarus; and
(2) the President should offer assistance to additional
independent states of the former Soviet Union in each case in
which the participation of such states would benefit national
security interests of the United States by improving border
controls and safeguards over materials and technology
associated with weapons of mass destruction.
SEC. 1454. PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM
RUSSIAN HIGHLY ENRICHED URANIUM.
(a) Sense of Congress.--It is the sense of Congress that
the allies of the United States and other nations should
participate in efforts to ensure that stockpiles of weapons-
grade nuclear material are reduced.
(b) Actions by the Secretary of State.--Congress urges the
Secretary of State to encourage, in consultation with the
Secretary of Energy, other countries to purchase low-enriched
uranium that is derived from highly enriched uranium
extracted from Russian nuclear weapons.
SEC. 1455. SENSE OF CONGRESS CONCERNING PURCHASE, PACKAGING,
AND TRANSPORTATION OF FISSILE MATERIALS AT RISK
OF THEFT.
It is the sense of Congress that--
(1) the Secretary of Defense, the Secretary of Energy, the
Secretary of the Treasury, and the Secretary of State should
purchase, package, and transport to secure locations weapons-
grade nuclear materials from a stockpile of such materials if
such officials determine that--
(A) there is a significant risk of theft of such materials;
and
(B) there is no reasonable and economically feasible
alternative for securing such materials; and
(2) if it is necessary to do so in order to secure the
materials, the materials should be imported into the United
States, subject to the laws and regulations that are
applicable to the importation of such materials into the
United States.
TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are
submitted.
Sec. 1505. Availability of funds.
SEC. 1501. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) In General.--For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs
are the programs specified in subsection (b).
(b) Specified Programs.--The programs referred to in
subsection (a) are the following programs with respect to
states of the former Soviet Union:
(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of nuclear, chemical,
and other weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear
weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and defense
contacts.
SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
(a) In General.--Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for
Cooperative Threat Reduction programs, not more than the
following amounts may be obligated for the purposes
specified:
(1) For planning and design of a chemical weapons
destruction facility in Russia, $78,500,000.
(2) For elimination of strategic offensive arms in Russia,
$52,000,000.
(3) For strategic nuclear arms elimination in Ukraine,
$47,000,000.
(4) For planning and design of a storage facility for
Russian fissile material, $66,000,000.
(5) For fissile material containers in Russia, $38,500,000.
(6) For weapons storage security in Russia, $15,000,000.
(7) For activities designated as Defense and Military-to-
Military Contacts in Russia, Ukraine, Belarus, and
Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/
Administrative Support $20,900,000.
(9) For materials protection, control, and accounting
assistance or for destruction of nuclear, radiological,
biological, or chemical weapons or related materials at any
site within the former Soviet Union, $10,000,000.
(10) For transfer to the Secretary of Energy to develop a
cooperative program with the Government of Russia to
eliminate the production of weapons grade plutonium at
Russian reactors, $10,000,000.
(11) For dismantlement of biological and chemical weapons
facilities in the former Soviet Union, $15,000,000.
(12) For expanding military-to-military programs of the
United States that focus on countering the threat of
proliferation of weapons of mass destruction to include the
security forces of the independent states of the former
Soviet Union, particularly states in the Caucasus region and
Central Asia, $2,000,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If
the Secretary of Defense determines that it is necessary to
do so in the national interest, the Secretary may, subject to
paragraph (2), obligate amounts for the purposes stated in
any of the paragraphs of subsection (a) in excess of the
amount specified for those purposes in that paragraph, but
not in excess of 115 percent of that amount. However, the
total amount obligated for the purposes stated in the
paragraphs in subsection (a) may not by reason of the use of
the authority provided in the preceding sentence exceed the
sum of the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the
paragraphs in subsection (a) in excess of the amount
specified in that paragraph may be made using the authority
provided in paragraph (1) only after--
(A) the Secretary submits to Congress a notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED
PURPOSES.
(a) In General.--None of the funds appropriated pursuant to
the authorization in section 301 for Cooperative Threat
Reduction programs, or appropriated for such programs for any
prior fiscal year and remaining available for obligation, may
be obligated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated to the Department
of Defense for fiscal year 1997 may be obligated or expended
for defense conversion.
SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS
ARE SUBMITTED.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended until 15 days after the
date which is the latest of the following:
(1) The date on which the President submits to Congress the
determinations required under subsection (c) of section 211
of Public Law 102-228 (22 U.S.C. 2551 note) with respect to
any certification transmitted to Congress under subsection
(b) of that section before the date of the enactment of this
Act.
[[Page 2002]]
(2) The date on which the Secretary of Defense submits to
Congress the first report under section 1206(a) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 471).
(3) The date on which the Secretary of Defense submits to
Congress the report for fiscal year 1996 required under
section 1205(c) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2883).
SEC. 1505. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for
three fiscal years.
TITLE XVI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Subtitle A--Miscellaneous Matters Relating to Personnel Management,
Pay, and Allowances
Sec. 1601. Modification of requirement for conversion of military
positions to civilian positions.
Sec. 1602. Retention of civilian employee positions at military
training bases transferred to National Guard.
Sec. 1603. Clarification of applicability of certain management
constraints on major range and test facility base
structure.
Sec. 1604. Travel expenses and health care for civilian employees of
the Department of Defense abroad.
Sec. 1605. Travel, transportation, and relocation allowances for
certain former nonappropriated fund employees.
Sec. 1606. Employment and salary practices applicable to Department of
Defense overseas teachers.
Sec. 1607. Employment and compensation of civilian faculty members at
certain Department of Defense schools.
Sec. 1608. Reimbursement of Department of Defense domestic dependent
school board members for certain expenses.
Sec. 1609. Modification of authority for civilian employees of
Department of Defense to participate voluntarily in
reductions in force.
Sec. 1610. Wage-board compensatory time off.
Sec. 1611. Liquidation of restored annual leave that remains unused
upon transfer of employee from installation being closed
or realigned.
Sec. 1612. Waiver of requirement for repayment of Voluntary Separation
Incentive pay by former Department of Defense employees
reemployed by the Government without pay.
Sec. 1613. Simplification of rules relating to the observance of
certain holidays.
Sec. 1614. Revision of certain travel management authorities.
Sec. 1615. Failure to comply with veterans' preference requirements to
be treated as a prohibited personnel practice.
Sec. 1616. Pilot programs for defense employees converted to contractor
employees due to privatization at closed military
installations.
Subtitle B--Department of Defense Intelligence Personnel Policy
Sec. 1631. Short title.
Sec. 1632. Management of civilian intelligence personnel.
Sec. 1633. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 1634. Other personnel management authorities.
Sec. 1635. Effective date.
Subtitle A--Miscellaneous Matters Relating to Personnel Management,
Pay, and Allowances
SEC. 1601. MODIFICATION OF REQUIREMENT FOR CONVERSION OF
MILITARY POSITIONS TO CIVILIAN POSITIONS.
(a) Elimination of Requirement for Fiscal Year 1997
Conversions.--Paragraph (1) of section 1032(a) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 429; 10 U.S.C. 129a note) is
amended--
(1) by striking out ``September 30, 1997'' and inserting in
lieu thereof ``September 30, 1996''; and
(2) by striking out ``10,000'' and inserting in lieu
thereof ``3,000''.
(b) Conforming Amendments.--Such section is further
amended--
(1) by striking out paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--(1) The amendments made by this
section shall take effect 30 days after the date on which the
Secretary of Defense submits to Congress a certification that
at least 3,000 military positions have been converted to
civilian positions during fiscal year 1996 as required by
section 1032(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 429).
(2) The Secretary shall publish in the Federal Register a
notice of the submission of any certification to Congress
under paragraph (1), including the date on which the
certification was submitted to Congress.
SEC. 1602. RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT
MILITARY TRAINING BASES TRANSFERRED TO NATIONAL
GUARD.
(a) Retention of Employee Positions.--In the case of a
military training installation described in subsection (b),
the Secretary of Defense shall retain civilian employee
positions of the Department of Defense at the installation
after transfer to the National Guard to facilitate active and
reserve component training at the installation. The Secretary
shall determine the extent to which positions at the
installation are to be retained as positions of the
Department of Defense in consultation with the Adjutant
General of the National Guard of the State in which the
installation is located,.
(b) Military Training Installations Affected.--This section
applies with respect to each military training installation
that--
(1) was approved for closure in 1995 under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note);
(2) is scheduled for transfer to National Guard operation
and control; and
(3) will continue to be used, after such transfer, to
provide training support to active and reserve components of
the Armed Forces.
(c) Maximum Positions Retained.--The number of civilian
employee positions retained at an installation under this
section may not exceed 20 percent of the Federal civilian
workforce employed at the installation as of September 8,
1995.
(d) Removal of Position.--The requirement to maintain a
civilian employee position at an installation under this
section terminates upon the later of the following:
(1) The date of the departure or retirement from that
position by the civilian employee initially employed or
retained in the position as a result of this section.
(2) The date on which the Secretary certifies to Congress
that the position is no longer required to ensure that
effective support is provided at the installation for active
and reserve component training.
SEC. 1603. CLARIFICATION OF APPLICABILITY OF CERTAIN
MANAGEMENT CONSTRAINTS ON MAJOR RANGE AND TEST
FACILITY BASE STRUCTURE.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting ``, the Major Range
and Test Facility Base,'' after ``industrial-type
activities''; and
(2) by adding at the end the following:
``(e) Subsections (a), (b), and (c) apply to the Major
Range and Test Facility Base (MRTFB) at the installation
level. With respect to the MRTFB structure, the term `funds
made available' includes both direct appropriated funds and
funds provided by MRTFB customers.''.
SEC. 1604. TRAVEL EXPENSES AND HEALTH CARE FOR CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE ABROAD.
(a) In General.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1599b. Employees abroad: travel expenses; health care
``(a) In General.--The Secretary of Defense may provide
civilian employees, and members of their families, abroad
with benefits that are comparable to certain benefits that
are provided by the Secretary of State to members of the
Foreign Service and their families abroad as described in
subsections (b) and (c). The Secretary may designate the
employees and members of families who are eligible to receive
the benefits.
``(b) Travel and Related Expenses.--The Secretary of
Defense may pay travel expenses and related expenses for
purposes and in amounts that are comparable to the purposes
for which, and the amounts in which, travel and related
expenses are paid by the Secretary of State under section 901
of the Foreign Service Act of 1980 (22 U.S.C. 4081).
``(c) Health Care Program.--The Secretary of Defense may
establish a health care program that is comparable to the
health care program established by the Secretary of State
under section 904 of the Foreign Service Act of 1980 (22
U.S.C. 4084).
``(d) Assistance.--The Secretary of Defense may enter into
agreements with the heads of other departments and agencies
of the Government in order to facilitate the payment of
expenses authorized by subsection (b) and to carry out a
health care program authorized by subsection (c).
``(e) Abroad Defined.--In this section, the term `abroad'
means outside--
``(1) the United States; and
``(2) the territories and possessions of the United
States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599b. Employees abroad: travel expenses; health care.''.
SEC. 1605. TRAVEL, TRANSPORTATION, AND RELOCATION ALLOWANCES
FOR CERTAIN FORMER NONAPPROPRIATED FUND
EMPLOYEES.
(a) In General.--(1) Subchapter II of chapter 57 of title
5, United States Code, is amended by adding at the end the
following new section:
``Sec. 5736. Travel, transportation, and relocation expenses
of certain nonappropriated fund employees
``An employee of a nonappropriated fund instrumentality of
the Department of Defense or the Coast Guard described in
section 2105(c) of this title who moves, without a break in
service of more than 3 days, to a position in the Department
of Defense or the Coast Guard, respectively, may be
authorized travel, transportation, and relocation
[[Page 2003]]
expenses and allowances under the same conditions and to the
same extent authorized by this subchapter for transferred
employees.''.
(2) The table of sections at the beginning of chapter 57 of
such title is amended by inserting after the item relating to
section 5735 the following new item:
``5736. Travel, transportation, and relocation expenses of certain
nonappropriated fund employees.''.
(b) Applicability.--Section 5736 of title 5, United States
Code (as added by subsection (a)(1)), shall apply to moves
between positions as described in such section that are
effective on or after October 1, 1996.
SEC. 1606. EMPLOYMENT AND SALARY PRACTICES APPLICABLE TO
DEPARTMENT OF DEFENSE OVERSEAS TEACHERS.
(a) Expansion of Scope of Educators Covered.--Section 2 of
the Defense Department Overseas Teachers Pay and Personnel
Practices Act (20 U.S.C. 901) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting ``,
or are performed by an individual who carried out certain
teaching activities identified in regulations prescribed by
the Secretary of Defense'' after ``Defense,''; and
(2) by striking out subparagraph (C) of paragraph (2) and
inserting in lieu thereof the following:
``(C) who is employed in a teaching position described in
paragraph (1).''.
(b) Transfer of Responsibility for Employment and Salary
Practices.--Section 5 of such Act (20 U.S.C. 903) is
amended--
(1) in subsection (a)--
(A) by striking out ``secretary of each military department
in the Department of Defense'' and inserting in lieu thereof
``Secretary of Defense''; and
(B) by striking out ``his military department'' and
inserting in lieu thereof ``the Department of Defense'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking out
``secretary of each military department--'' and inserting in
lieu thereof ``Secretary of Defense--''; and
(B) in paragraph (1), by striking out ``his military
department,'' and inserting in lieu thereof ``the Department
of Defense'';
(3) in subsection (c)--
(A) by striking out ``Secretary of each military
department'' and inserting in lieu thereof ``Secretary of
Defense''; and
(B) by striking out ``his military department'' and
inserting in lieu thereof ``the Department of Defense''; and
(4) in subsection (d), by striking out ``Secretary of each
military department'' and inserting in lieu thereof
``Secretary of Defense''.
SEC. 1607. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY
MEMBERS AT CERTAIN DEPARTMENT OF DEFENSE
SCHOOLS.
(a) Faculties.--Subsection (c) of section 1595 of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(4) The English Language Center of the Defense Language
Institute.
``(5) The Asia-Pacific Center for Security Studies.''.
(b) Certain Administrators.--Such section is further
amended by adding at the end the following new subsection:
``(f) Application to Director and Deputy Director at Asia-
Pacific Center for Security Studies.--In the case of the
Asia-Pacific Center for Security Studies, this section also
applies with respect to the Director and the Deputy
Director.''.
SEC. 1608. REIMBURSEMENT OF DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOL BOARD MEMBERS FOR CERTAIN
EXPENSES.
Section 2164(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) The Secretary may provide for reimbursement of a
school board member for expenses incurred by the member for
travel, transportation, lodging, meals, program fees,
activity fees, and other appropriate expenses that the
Secretary determines are reasonable and necessary for the
performance of school board duties by the member.''.
SEC. 1609. MODIFICATION OF AUTHORITY FOR CIVILIAN EMPLOYEES
OF DEPARTMENT OF DEFENSE TO PARTICIPATE
VOLUNTARILY IN REDUCTIONS IN FORCE.
Subsection (f) of section 3502 of title 5, United States
Code, is amended to read as follows:
``(f)(1) The Secretary of Defense or the Secretary of a
military department may--
``(A) separate from service any employee who volunteers to
be separated under this subparagraph even though the employee
is not otherwise subject to separation due to a reduction in
force; and
``(B) for each employee voluntarily separated under
subparagraph (A), retain an employee in a similar position
who would otherwise be separated due to a reduction in force.
``(2) The separation of an employee under paragraph (1)(A)
shall be treated as an involuntary separation due to a
reduction in force.
``(3) An employee with critical knowledge and skills (as
defined by the Secretary concerned) may not participate in a
voluntary separation under paragraph (1)(A) if the Secretary
concerned determines that such participation would impair the
performance of the mission of the Department of Defense or
the military department concerned.
``(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) No authority under paragraph (1) may be exercised
after September 30, 2001.''.
SEC. 1610. WAGE-BOARD COMPENSATORY TIME OFF.
(a) In General.--Section 5543 of title 5, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) The head of an agency may, on request of an employee,
grant the employee compensatory time off from the employee's
scheduled tour of duty instead of payment under section 5544
or section 7 of the Fair Labor Standards Act of 1938 for an
equal amount of time spent in irregular or occasional
overtime work. An agency head may not require an employee to
be compensated for overtime work with an equivalent amount of
compensatory time-off from the employee's tour of duty.''.
(b) Conforming Amendment.--Section 5544(c) of title 5,
United States Code, is amended by inserting ``and the
provisions of section 5543(b)'' after ``the last two
sentences of subsection (a)''.
SEC. 1611. LIQUIDATION OF RESTORED ANNUAL LEAVE THAT REMAINS
UNUSED UPON TRANSFER OF EMPLOYEE FROM
INSTALLATION BEING CLOSED OR REALIGNED.
(a) Lump-Sum Payment Required.--Section 5551 of title 5,
United States Code, is amended by adding at the end the
following:
``(c)(1) Annual leave that is restored to an employee of
the Department of Defense under section 6304(d) of this title
by reason of the operation of paragraph (3) of such section
and remains unused upon the transfer of the employee to a
position described in paragraph (2) shall be liquidated by
payment of a lump-sum for such leave to the employee upon the
transfer.
``(2) A position referred to in paragraph (1) is a position
in a department or agency of the Federal Government outside
the Department of Defense or a Department of Defense position
that is not located at a Department of Defense installation
being closed or realigned as described in section 6304(d)(3)
of this title.''.
(b) Applicability.--Subsection (c) of section 5551 of title
5, United States Code (as added by subsection (a)), shall
apply with respect to transfers described in such subsection
(c) that take effect on or after the date of the enactment of
this Act.
SEC. 1612. WAIVER OF REQUIREMENT FOR REPAYMENT OF VOLUNTARY
SEPARATION INCENTIVE PAY BY FORMER DEPARTMENT
OF DEFENSE EMPLOYEES REEMPLOYED BY THE
GOVERNMENT WITHOUT PAY.
(a) In General.--Section 5597(g) of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) If the employment is without compensation, the
appointing official may waive the repayment.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to employment accepted on or after
the date of the enactment of this Act.
SEC. 1613. SIMPLIFICATION OF RULES RELATING TO THE OBSERVANCE
OF CERTAIN HOLIDAYS.
Section 6103 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) For purposes of this subsection--
``(A) the term `compressed schedule' has the meaning given
such term by section 6121(5); and
``(B) the term `adverse agency impact' has the meaning
given such term by section 6131(b).
``(2) An agency may prescribe rules under which employees
on a compressed schedule may, in the case of a holiday that
occurs on a regularly scheduled non-workday for such
employees, and notwithstanding any other provision of law or
the terms of any collective bargaining agreement, be required
to observe such holiday on a workday other than as provided
by subsection (b), if the agency head determines that it is
necessary to do so in order to prevent an adverse agency
impact.''.
SEC. 1614. REVISION OF CERTAIN TRAVEL MANAGEMENT AUTHORITIES.
(a) Repeal of Requirements Relating to Fire-Safe
Accommodations.--(1) Section 5707 of title 5, United States
Code, is amended by striking out subsection (d).
(2) Subsection (b) of section 5 of the Hotel and Motel Fire
Safety Act of 1990 (Public Law 101-391; 104 Stat. 751; 5
U.S.C. 5707 note) is repealed.
(b) Repeal of Prohibition on Payment of Lodging Expenses of
Department of Defense Employees and Other Civilians When
Adequate Government Quarters Are Available.--(1) Section 1589
of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 81 of
such title is amended by striking out the item relating to
such section.
SEC. 1615. FAILURE TO COMPLY WITH VETERANS' PREFERENCE
REQUIREMENTS TO BE TREATED AS A PROHIBITED
PERSONNEL PRACTICE.
(a) In General.--(1) Chapter 81 of title 10, United States
Code, as amended by section 1604, is further amended by
adding at the end the following new section:
[[Page 2004]]
``Sec. 1599c. Veterans' preference requirements: Department
of Defense failure to comply treated as a prohibited
personnel practice
``(a) Prohibited Personnel Practice.--It is a prohibited
personnel practice for a person referred to in subsection (b)
who has authority described in that subsection--
``(1) knowingly to take, recommend, or approve any
personnel action with respect to such authority if the taking
of such action violates a veterans' preference; or
``(2) knowingly to fail to take, recommend, or approve any
personnel action with respect to such authority, if the
failure to take such action violates a veterans' preference.
``(b) Persons Covered.--Subsection (a) applies with respect
to--
``(1) an officer or employee of the Department of Defense
who has authority to take, direct others to take, recommend,
or approve a personnel action with respect to an employee of
the Department of Defense; and
``(2) a member of the armed forces who has such authority.
``(c) Veterans' Preference Defined.--(1) In this section,
the term `veterans' preference' means any of the following
provisions of law:
``(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313,
3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363,
3501, 3502(b), 3504, and 4303(e) of title 5 and (with respect
to a preference eligible referred to in section 7511(a)(1)(B)
of such title) subchapter II of chapter 75 and section 7701
of such title.
``(B) Sections 943(c)(2) and 1784(c) of this title.
``(C) Section 1308(b) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198(b)).
``(D) Section 301(c) of the Foreign Service Act of 1980 (22
U.S.C. 3941(c)).
``(E) Section 3(a)(11) of the Administrative Office of the
United States Courts Personnel Act of 1990 (28 U.S.C. 602
note).
``(F) Sections 106(f), 7281(e), and 7802(5) of title 38.
``(G) Section 1005(a) of title 39.
``(H) Any other provision of law that the Director of the
Office of Personnel Management designates in regulations as
being a veterans' preference for the purposes of this
section.
``(2) For the purposes of this section, such term includes
any regulation prescribed under subsection (b) or (c) of
section 1302 of title 5 and any other regulation that
implements a provision of law referred to in paragraph (1).
``(d) Personnel Action Defined.--In this section, the term
`personnel action' has the meaning given that term in section
2302 of title 5.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1599c. Veterans' preference requirements: Department of Defense
failure to comply treated as a prohibited personnel
practice.''.
(b) Applicability of Title 5 Procedures and Sanctions.--
Paragraph (1) of section 2302(a) of title 5, United States
Code, is amended to read as follows:
``(1) For purposes of this title, `prohibited personnel
practice' means the following:
``(A) Any action described in subsection (b) of this
section.
``(B) Any action or failure to act that is designated as a
prohibited personnel action under section 1599c(a) of title
10.''.
(c) Reporting Requirement.--Not later than six months after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a written report on--
(1) the implementation of--
(A) section 1599c of title 10, United States Code, as added
by subsection (a); and
(B) subparagraph (B) of section 2302(a)(1) of title 5,
United States Code, as added by subsection (b); and
(2) the administration of veterans' preference requirements
by the Department of Defense generally.
SEC. 1616. PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED TO
CONTRACTOR EMPLOYEES DUE TO PRIVATIZATION AT
CLOSED MILITARY INSTALLATIONS.
(a) Pilot Programs Authorized.--(1) The Secretary of
Defense, after consultation with the Director of the Office
of Personnel Management, may establish one or more pilot
programs under which Federal retirement benefits are provided
in accordance with this section to persons who convert from
Federal employment to employment by a Department of Defense
contractor in connection with the privatization of the
performance of functions at selected military installations
being closed under the base closure and realignment process.
(2) The Secretary of Defense shall select the military
installations to be covered by a pilot program under this
section.
(b) Eligible Converted Employees.--(1) A person is a
converted employee eligible for Federal retirement benefits
under this section if the person is a former employee of the
Department of Defense (other than a temporary employee) who--
(A) while employed by the Department of Defense at a
military installation selected to participate in a pilot
program, performed a function that was recommended, in a
report of the Defense Base Closure and Realignment Commission
submitted to the President under the Defense Base Closure and
Realignment Act of 1990 (title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), to be privatized for performance by a
defense contractor at the same installation or in the
vicinity of the installation;
(B) while so employed, separated from Federal service after
being notified that the employee would be separated in a
reduction in force resulting from such privatization;
(C) at the time separated from Federal service, was covered
under the Civil Service Retirement System, but was not
eligible for an immediate annuity under the Civil Service
Retirement System;
(D) does not withdraw retirement contributions under
section 8342 of title 5, United States Code;
(E) within 60 days following such separation, is employed
by the defense contractor selected to privatize the function
to perform substantially the same function performed by the
person before the separation; and
(F) remains employed by the defense contractor (or a
successor defense contractor) or subcontractor of the defense
contractor (or successor defense contractor) until attaining
early deferred retirement age (unless the employment is
sooner involuntarily terminated for reasons other than
performance or conduct of the employee).
(2) A person who, under paragraph (1), would otherwise be
eligible for an early deferred annuity under this section
shall not be eligible for such benefits if the person
received separation pay or severance pay due to a separation
described in subparagraph (B) of that paragraph unless the
person repays the full amount of such pay with interest
(computed at a rate determined appropriate by the Director of
the Office of Personnel Management) to the Department of
Defense before attaining early deferred retirement age.
(c) Retirement Benefits of Converted Employees.--In the
case of a converted employee covered by a pilot program,
payment of a deferred annuity for which the converted
employee is eligible under section 8338(a) of title 5, United
States Code, shall commence on the first day of the first
month that begins after the date on which the converted
employee attains early deferred retirement age,
notwithstanding the age requirement under that section. If
the employment of a converted employee is involuntarily
terminated by the defense contractor or subcontractor as
described in subsection (b)(1)(F) and the converted employee
resumes Federal service before the converted employee attains
early deferred retirement age, the converted employee shall
once again be covered under the Civil Service Retirement
System instead of the pilot program.
(d) Computation of Average Pay.--(1)(A) This paragraph
applies to a converted employee who was employed in a
position classified under the General Schedule immediately
before the employee's covered separation from Federal
service.
(B) Subject to subparagraph (C), for purposes of computing
the deferred annuity for a converted employee referred to in
subparagraph (A), the average pay of the converted employee,
computed under section 8331(4) of title 5, United States
Code, as of the date of the employee's covered separation
from Federal service, shall be adjusted at the same time and
by the same percentage that rates of basic pay are increased
under section 5303 of such title during the period beginning
on that date and ending on the date on which the converted
employee attains early deferred retirement age.
(C) The average pay of a converted employee, as adjusted
under subparagraph (B), may not exceed the amount to which an
annuity of the converted employee could be increased under
section 8340 of title 5, United States Code, in accordance
with the limitation in subsection (g)(1) of such section
(relating to maximum pay, final pay, or average pay).
(2)(A) This paragraph applies to a converted employee who
was a prevailing rate employee (as defined under section
5342(2) of title 5, United States Code) immediately before
the employee's covered separation from Federal service.
(B) For purposes of computing the deferred annuity for a
converted employee referred to in subparagraph (A), the
average pay of the converted employee, computed under section
8331(4) of title 5, United States Code, as of the date of the
employee's covered separation from Federal service, shall be
adjusted at the same time and by the same percentage that pay
rates for positions that are in the same area as, and are
comparable to, the last position the converted employee held
as a prevailing rate employee, are increased under section
5343(a) of such title during the period beginning on that
date and ending on the date on which the converted employee
attains early deferred retirement age.
(e) Payment of Unfunded Liability.--(1) The military
department concerned shall be liable for that portion of any
estimated increase in the unfunded liability of the Civil
Service Retirement and Disability Fund established under
section 8348 of title 5, United States Code, which is
attributable to any benefits payable from such Fund to a
converted employee, and any survivor of a converted employee,
when the increase results from--
(A) an increase in the average pay of the converted
employee under subsection (d) upon which such benefits are
computed; and
(B) the commencement of an early deferred annuity in
accordance with this section before the attainment of 62
years of age by the converted employee.
(2) The estimated increase in the unfunded liability for
each department referred to in paragraph (1) shall be
determined by the Director of the Office of Personnel
Management. In making the determination, the Director shall
consider any savings to the Fund
[[Page 2005]]
as a result of a pilot program established under this
section. The Secretary of the military department concerned
shall pay the amount so determined to the Director in 10
equal annual installments with interest computed at the rate
used in the most recent valuation of the Civil Service
Retirement System, with the first payment thereof due at the
end of the fiscal year in which an increase in average pay
under subsection (d) becomes effective.
(f) Contractor Service Not Creditable.--Service performed
by a converted employee for a defense contractor after the
employee's covered separation from Federal service is not
creditable service for purposes of subchapter III of chapter
83 of title 5, United States Code.
(g) Receipt of Benefits While Employed by a Defense
Contractor.--A converted employee may commence receipt of an
early deferred annuity in accordance with this section while
continuing to work for a defense contractor.
(h) Lump-Sum Credit Payment.--If a converted employee dies
before attaining early deferred retirement age, such employee
shall be treated as a former employee who dies not retired
for purposes of payment of the lump-sum credit under section
8342(d) of title 5, United States Code.
(i) Continued Federal Health Benefits Coverage.--
Notwithstanding section 8905a(e)(1)(A) of title 5, United
States Code, the continued coverage of a converted employee
for health benefits under chapter 89 of such title by reason
of the application of section 8905a of such title to such
employee shall terminate 90 days after the date of the
employee's covered separation from Federal employment. For
the purposes of the preceding sentence, a person who, except
for subsection (b)(2), would be a converted employee shall be
considered a converted employee.
(j) Report by General Accounting Office.--The Comptroller
General shall conduct a study of each pilot program, if any,
established under this section and submit a report on the
pilot program to Congress not later than two years after the
date on which the program is established. The report shall
contain the following:
(1) A review and evaluation of the program, including--
(A) an evaluation of the success of the privatization
outcomes of the program;
(B) a comparison and evaluation of such privatization
outcomes with the privatization outcomes with respect to
facilities at other military installations closed or
realigned under the base closure laws;
(C) an evaluation of the impact of the program on the
Federal workforce and whether the program results in the
maintenance of a skilled workforce for defense contractors at
an acceptable cost to the military department concerned; and
(D) an assessment of the extent to which the program is a
cost-effective means of facilitating privatization of the
performance of Federal activities.
(2) Recommendations relating to the expansion of the
program to other installations and employees.
(3) Any other recommendation relating to the program.
(k) Implementing Regulations.--Not later than 30 days after
the Secretary of Defense notifies the Director of the Office
of Personnel Management of a decision to establish a pilot
program under this section, the Director shall prescribe
regulations to carry out the provisions of this section with
respect to that pilot program. Before prescribing the
regulations, the Director shall consult with the Secretary.
(l) Definitions.--In this section:
(1) The term ``converted employee'' means a person who,
pursuant to subsection (b), is eligible for benefits under
this section.
(2) The term ``covered separation from Federal service''
means a separation from Federal service as described under
subsection (b)(1)(B).
(3) The term ``Civil Service Retirement System'' means the
retirement system under subchapter III of chapter 83 of title
5, United States Code.
(4) The term ``defense contractor'' means any entity that--
(A) contracts with the Department of Defense to perform a
function previously performed by Department of Defense
employees;
(B) performs that function at the same installation at
which such function was previously performed by Department of
Defense employees or in the vicinity of that installation;
and
(C) is the employer of one or more converted employees.
(5) The term ``early deferred retirement age'' means the
first age at which a converted employee would have been
eligible for immediate retirement under subsection (a) or (b)
of section 8336 of title 5, United States Code, if such
converted employee had remained an employee within the
meaning of section 8331(1) of such title continuously until
attaining such age.
(6) The term ``severance pay'' means severance pay payable
under section 5595 of title 5, United States Code.
(7) The term ``separation pay'' means separation pay
payable under section 5597 of title 5, United States Code.
(m) Application of Pilot Program.--In the event that a
pilot program is established for a military installation, the
pilot program shall apply to a covered separation from
Federal service by an employee of the Department of Defense
at the installation occurring on or after August 1, 1996.
Subtitle B--Department of Defense Intelligence Personnel Policy
SEC. 1631. SHORT TITLE.
This subtitle may be cited as the ``Department of Defense
Civilian Intelligence Personnel Policy Act of 1996''.
SEC. 1632. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.
(a) Consolidation and Standardization of Civilian Personnel
Policy.--Chapter 83 of title 10, United States Code, is
amended--
(1) by redesignating section 1602 as section 1621 and
transferring that section so as to appear after section 1605;
(2) by redesignating sections 1606 and 1608 as section 1622
and 1623, respectively; and
(3) by striking out the chapter heading, the table of
sections, and sections 1601, 1603, and 1604 and inserting in
lieu thereof the following:
``CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
``Subchapter Sec.
``I. Defense-Wide Intelligence Personnel Policy................1601....
``II. Defense Intelligence Agency Personnel....................1621....
``SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
``Sec.
``1601. Civilian intelligence personnel: general authority to establish
excepted positions, appoint personnel, and fix rates of
pay.
``1602. Basic pay.
``1603. Additional compensation, incentives, and allowances.
``1605. Benefits for certain employees assigned outside the United
States.
``1606. Defense Intelligence Senior Executive Service.
``1607. Intelligence Senior Level positions.
``1608. Time-limited appointments.
``1609. Termination of defense intelligence employees.
``1610. Reductions and other adjustments in force.
``1611. Postemployment assistance: certain terminated intelligence
employees.
``1612. Merit system principles and civil service protections:
applicability.
``1613. Miscellaneous provisions.
``1614. Definitions.
``Sec. 1601. Civilian intelligence personnel: general
authority to establish excepted positions, appoint
personnel, and fix rates of pay
``(a) General Authority.--The Secretary of Defense may--
``(1) establish, as positions in the excepted service, such
defense intelligence positions in the intelligence components
of the Department of Defense and the military departments as
the Secretary determines necessary to carry out the
intelligence functions of those components and departments,
including--
``(A) Intelligence Senior Level positions designated under
section 1607 of this title; and
``(B) positions in the Defense Intelligence Senior
Executive Service;
``(2) appoint individuals to those positions (after taking
into consideration the availability of preference eligibles
for appointment to those positions); and
``(3) fix the compensation of such individuals for service
in those positions.
``(b) Construction With Other Laws.--The authority of the
Secretary of Defense under subsection (a) applies without
regard to the provisions of any other law relating to the
appointment, number, classification, or compensation of
employees.
``Sec. 1602. Basic pay
``(a) Authority To Fix Rates of Basic Pay.--The Secretary
of Defense (subject to the provisions of this section) shall
fix the rates of basic pay for positions established under
section 1601 of this title in relation to the rates of basic
pay provided in subpart D of part III of title 5 for
positions subject to that subpart which have corresponding
levels of duties and responsibilities.
``(b) Maximum Rates.--A rate of basic pay fixed under
subsection (a) for a position established under section 1601
of this title may not (except as otherwise provided by law)
exceed--
``(1) in the case of a Defense Intelligence Senior
Executive Service position, the maximum rate provided in
section 5382 of title 5;
``(2) in the case of an Intelligence Senior Level position,
the maximum rate provided in section 5382 of title 5; and
``(3) in the case of any other position, the maximum rate
provided in section 5306(e) of title 5.
``(c) Prevailing Rate Systems.--The Secretary of Defense
may, consistent with section 5341 of title 5, adopt such
provisions of that title as provide for prevailing rate
systems of basic pay and may apply those provisions to
positions for civilian employees in or under which the
Department of Defense may employ individuals described by
section 5342(a)(2)(A) of that title.
``Sec. 1603. Additional compensation, incentives, and
allowances
``(a) Additional Compensation Based on Title 5
Authorities.--The Secretary of Defense may provide employees
in defense intelligence positions compensation (in addition
to basic pay), including benefits, incentives, and
allowances, consistent with, and not in excess of the level
authorized for, comparable positions authorized by title 5.
[[Page 2006]]
``(b) Allowances Based on Living Costs and Environment.--
(1) In addition to basic pay, employees in defense
intelligence positions who are citizens or nationals of the
United States and are stationed outside the continental
United States or in Alaska may be paid an allowance, in
accordance with regulations prescribed by the Secretary of
Defense, while they are so stationed.
``(2) An allowance under this subsection shall be based
on--
``(A) living costs substantially higher than in the
District of Columbia;
``(B) conditions of environment which (i) differ
substantially from conditions of environment in the
continental United States, and (ii) warrant an allowance as a
recruitment incentive; or
``(C) both of the factors specified in subparagraphs (A)
and (B).
``(3) An allowance under this subsection may not exceed the
allowance authorized to be paid by section 5941(a) of title 5
for employees whose rates of basic pay are fixed by
statute.''.
(b) Matters Other Than Pay and Benefits.--Such chapter is
further amended by inserting after section 1605 the following
new sections:
``Sec. 1606. Defense Intelligence Senior Executive Service
``(a) Establishment.--The Secretary of Defense may
establish a Defense Intelligence Senior Executive Service for
defense intelligence positions established pursuant to
section 1601(a) of this title that are equivalent to Senior
Executive Service positions. The number of positions in the
Defense Intelligence Senior Executive Service may not exceed
492.
``(b) Regulations Consistent With Title 5 Provisions.--The
Secretary of Defense shall prescribe regulations for the
Defense Intelligence Senior Executive Service which are
consistent with the requirements set forth in sections 3131,
3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title
5, subsections (a), (b), and (c) of section 7543 of such
title (except that any hearing or appeal to which a member of
the Defense Intelligence Senior Executive Service is entitled
shall be held or decided pursuant to those regulations), and
subchapter II of chapter 43 of such title. To the extent that
the Secretary determines it practicable to apply to members
of, or applicants for, the Defense Intelligence Senior
Executive Service other provisions of title 5 that apply to
members of, or applicants for, the Senior Executive Service,
the Secretary shall also prescribe regulations to implement
those provisions with respect to the Defense Intelligence
Senior Executive Service.
``(c) Award of Rank to Members of the Defense Intelligence
Senior Executive Service.--The President, based on the
recommendations of the Secretary of Defense, may award a rank
referred to in section 4507 of title 5 to members of the
Defense Intelligence Senior Executive Service. The award of
such rank shall be made in a manner consistent with the
provisions of that section.
``Sec. 1607. Intelligence Senior Level positions
``(a) Designation of Positions.--The Secretary of Defense
may designate as an Intelligence Senior Level position any
defense intelligence position that, as determined by the
Secretary--
``(1) is classifiable above grade GS-15 of the General
Schedule;
``(2) does not satisfy functional or program management
criteria for being designated a Defense Intelligence Senior
Executive Service position; and
``(3) has no more than minimal supervisory
responsibilities.
``(b) Regulations.--Subsection (a) shall be carried out in
accordance with regulations prescribed by the Secretary of
Defense.
``Sec. 1608. Time-limited appointments
``(a) Authority for Time-Limited Appointments.--The
Secretary of Defense may by regulation authorize appointing
officials to make time-limited appointments to defense
intelligence positions specified in the regulations.
``(b) Review of Use of Authority.--The Secretary of Defense
shall review each time-limited appointment in a defense
intelligence position at the end of the first year of the
period of the appointment and determine whether the
appointment should be continued for the remainder of the
period. The continuation of a time-limited appointment after
the first year shall be subject to the approval of the
Secretary.
``(c) Condition on Permanent Appointment to Defense
Intelligence Senior Executive Service.--An employee serving
in a defense intelligence position pursuant to a time-limited
appointment is not eligible for a permanent appointment to a
Defense Intelligence Senior Executive Service position
(including a position in which the employee is serving)
unless the employee is selected for the permanent appointment
on a competitive basis.
``(d) Time-Limited Appointment Defined.--In this section,
the term `time-limited appointment' means an appointment
(subject to the condition in subsection (b)) for a period not
to exceed two years.
``Sec. 1609. Termination of defense intelligence employees
``(a) Termination Authority.--Notwithstanding any other
provision of law, the Secretary of Defense may terminate the
employment of any employee in a defense intelligence position
if the Secretary--
``(1) considers that action to be in the interests of the
United States; and
``(2) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such employee cannot be invoked in a manner
consistent with the national security.
``(b) Finality.--A decision by the Secretary of Defense to
terminate the employment of an employee under this section is
final and may not be appealed or reviewed outside the
Department of Defense.
``(c) Notification to Congressional Committees.--Whenever
the Secretary of Defense terminates the employment of an
employee under the authority of this section, the Secretary
shall promptly notify the congressional oversight committees
of such termination.
``(d) Preservation of Right To Seek Other Employment.--Any
termination of employment under this section does not affect
the right of the employee involved to seek or accept
employment with any other department or agency of the United
States if that employee is declared eligible for such
employment by the Director of the Office of Personnel
Management.
``(e) Limitation on Delegation.--The authority of the
Secretary of Defense under this section may be delegated only
to the Deputy Secretary of Defense, the head of an
intelligence component of the Department of Defense (with
respect to employees of that component), or the Secretary of
a military department (with respect to employees of that
department). An action to terminate employment of such an
employee by any such official may be appealed to the
Secretary of Defense.
``Sec. 1610. Reductions and other adjustments in force
``(a) In General.--The Secretary of Defense shall prescribe
regulations for the separation of employees in defense
intelligence positions, including members of the Defense
Intelligence Senior Executive Service and employees in
Intelligence Senior Level positions, during a reduction in
force or other adjustment in force. The regulations shall
apply to such a reduction in force or other adjustment in
force notwithstanding sections 3501(b) and 3502 of title 5.
``(b) Matters To Be Given Effect.--The regulations shall
give effect to the following:
``(1) Tenure of employment.
``(2) Military preference, subject to sections 3501(a)(3)
and 3502(b) of title 5.
``(3) The veteran's preference under section 3502(b) of
title 5.
``(4) Performance.
``(5) Length of service computed in accordance with the
second sentence of section 3502(a) of title 5.
``(c) Regulations Relating to Defense Intelligence SES.--
The regulations relating to removal from the Defense
Intelligence Senior Executive Service in a reduction in force
or other adjustment in force shall be consistent with section
3595(a) of title 5.
``(d) Right of Appeal.--(1) The regulations shall provide a
right of appeal regarding a personnel action under the
regulations. The appeal shall be determined within the
Department of Defense. An appeal determined at the highest
level provided in the regulations shall be final and not
subject to review outside the Department of Defense. A
personnel action covered by the regulations is not subject to
any other provision of law that provides appellate rights or
procedures.
``(2) Notwithstanding paragraph (1), a preference eligible
referred to in section 7511(a)(1)(B) of title 5 may elect to
have an appeal of a personnel action taken against the
preference eligible under the regulation determined by the
Merit Systems Protection Board instead of having the appeal
determined within the Department of Defense. Section 7701 of
title 5 shall apply to any such appeal to the Merit Systems
Protection Board.
``(e) Consultation With OPM.--Regulations under this
section shall be prescribed in consultation with the Director
of the Office of Personnel Management.''.
(c) Transfer of Section 1599.--Subtitle A of title 10,
United States Code, is amended by transferring section 1599
to chapter 83 of such title, inserting such section after
section 1610 (as added by subsection (b)), redesignating such
section as section 1611, and in subsection (f) striking out
``means'' and all that follows and inserting in lieu thereof
``includes the National Reconnaissance Office and any
intelligence component of a military department.''.
(d) Additional Provisions.--Such chapter is further amended
by inserting after section 1611 (as so transferred and
redesignated) the following new sections:
``Sec. 1612. Merit system principles and civil service
protections: applicability
``(a) Applicability of Merit System Principles.--Section
2301 of title 5 shall apply to the exercise of authority
under this subchapter (other than sections 1605 and 1611).
``(b) Civil Service Protections.--(1) If, in the case of a
position established under authority other than section
1601(a)(1) of this title that is reestablished as an excepted
service position under that section, the provisions of law
referred to in paragraph (2) applied to the person serving in
that position immediately before the position is so
reestablished and such provisions of law would not otherwise
apply to the person while serving in the position as so
reestablished, then such provisions of law shall, subject to
paragraph (3), continue to apply to the person with respect
to service in that position for as long as the person
continues to serve in the position without a break in
service.
[[Page 2007]]
``(2) The provisions of law referred to in paragraph (1)
are the following provisions of title 5:
``(A) Section 2302, relating to prohibited personnel
practices.
``(B) Chapter 75, relating to adverse actions.
``(3)(A) Notwithstanding any provision of chapter 75 of
title 5, an appeal of an adverse action by an individual
employee covered by paragraph (1) shall be determined within
the Department of Defense if the employee so elects.
``(B) The Secretary of Defense shall prescribe the
procedures for initiating and determining appeals of adverse
actions pursuant to elections made under subparagraph (A).
``Sec. 1613. Miscellaneous provisions
``(a) Collective Bargaining Agreements.--Nothing in
sections 1601 through 1604 and 1606 through 1610 may be
construed to impair the continued effectiveness of a
collective bargaining agreement with respect to an agency or
office that is a successor to an agency or office covered by
the agreement before the succession.
``(b) Notice to Congress of Regulations.--The Secretary of
Defense shall notify Congress of any regulations prescribed
to carry out this subchapter (other than sections 1605 and
1611). Such notice shall be provided by submitting a copy of
the regulations to the congressional oversight committees not
less than 60 days before such regulations take effect.
``Sec. 1614. Definitions
``In this subchapter:
``(1) The term `defense intelligence position' means a
civilian position as an intelligence officer or intelligence
employee of an intelligence component of the Department of
Defense or of a military department.
``(2) The term `intelligence component of the Department of
Defense' means any of the following:
``(A) The National Security Agency.
``(B) The Defense Intelligence Agency.
``(C) The National Imagery and Mapping Agency.
``(D) Any other component of the Department of Defense that
performs intelligence functions and is designated by the
Secretary of Defense as an intelligence component of the
Department of Defense.
``(E) Any successor to a component specified in, or
designated pursuant to, this paragraph.
``(3) The term `congressional oversight committees' means--
``(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(B) the Committee on National Security and the Permanent
Select Committee on Intelligence of the House of
Representatives.
``(4) The term `excepted service' has the meaning given
such term in section 2103 of title 5.
``(5) The term `preference eligible' has the meaning given
such term in section 2108(3) of title 5.
``(6) The term `Senior Executive Service position' has the
meaning given such term in section 3132(a)(2) of title 5.
``(7) The term `collective bargaining agreement' has the
meaning given such term in section 7103(8) of title 5.''.
(e) Designation of New Subchapter II.--Chapter 83 of such
title is further amended by inserting after section 1614 (as
added by subsection (d)) the following:
``SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL
``Sec.
``1621. Defense Intelligence Agency merit pay system.
``1622. Uniform allowance: civilian employees.
``1623. Financial assistance to certain employees in acquisition of
critical skills.''.
SEC. 1633. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND
CONFORMING AMENDMENTS.
(a) Repeal of Separate Military Department Authorities.--
Section 1590 of title 10, United States Code, is repealed.
(b) Repeal of Separate National Security Agency
Authorities.--The following provisions of law are repealed:
(1) Sections 2 and 4 of the National Security Agency Act of
1959 (50 U.S.C. 402 note).
(2) Section 303 of the Internal Security Act of 1950 (50
U.S.C. 833).
(c) Clerical Amendments.--Title 10, United States Code, is
amended as follows:
(1) The heading for section 1605 is amended to read as
follows:
``Sec. 1605. Benefits for certain employees assigned outside
the United States''.
(2) The table of sections at the beginning of chapter 81 is
amended by striking out the items relating to sections 1590
and 1599.
(3) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, are amended by
striking out the item relating to chapter 83 and inserting in
lieu thereof the following:
``83. Civilian Defense Intelligence Employees...............1601''.....
(d) Conforming Amendment.--Section 1621 of such title, as
transferred and redesignated by section 1632(a)(1), is
amended by striking out ``and Central Imagery Office''.
(e) Cross Reference Amendments.--Chapter 81 of title 10,
United States Code, is amended as follows:
(1) Section 1593(a)(3) is amended by striking out ``section
1606'' and inserting in lieu thereof ``section 1622''.
(2) Section 1596(c) is amended by striking out ``section
1604(b)'' and inserting in lieu thereof ``section 1602''.
SEC. 1634. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) Applicability of Federal Labor-Management Relations
System.--Section 7103(a)(3) of title 5, United States Code is
amended--
(1) by inserting ``or'' at the end of subparagraph (F);
(2) by striking out ``; or'' at the end of subparagraph (G)
and inserting in lieu thereof a period; and
(3) by striking out subparagraph (H).
(b) Applicability of Authority and Procedures for Imposing
Certain Adverse Actions.--Section 7511(b)(8) of such title is
amended by striking out ``the National Security Agency'' and
all that follows through ``title 10'' and inserting in lieu
thereof ``an intelligence component of the Department of
Defense (as defined in section 1614 of title 10), or an
intelligence activity of a military department covered under
subchapter I of chapter 83 of title 10''.
SEC. 1635. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle
shall take effect on October 1, 1996.
TITLE XVII--FEDERAL EMPLOYEE TRAVEL REFORM
Sec. 1701. Short title.
Subtitle A--Relocation Benefits
Sec. 1711. Allowance for seeking permanent residence quarters.
Sec. 1712. Temporary quarters subsistence expenses allowance.
Sec. 1713. Modification of residence transaction expenses allowance.
Sec. 1714. Authority to pay for property management services.
Sec. 1715. Authority to transport a privately owned motor vehicle
within the continental United States.
Sec. 1716. Authority to pay limited relocation allowances to an
employee who is performing an extended assignment.
Sec. 1717. Authority to pay a home marketing incentive.
Sec. 1718. Revision and reenactment of additional provisions relating
to relocation expenses.
Subtitle B--Miscellaneous Provisions
Sec. 1721. Repeal of the long-distance telephone call certification
requirement.
Sec. 1722. Transfer of authority to prescribe regulations.
Sec. 1723. Conforming and clerical amendments.
Sec. 1724. Assessment of cost savings.
Sec. 1725. Effective date and issuance of regulations.
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Federal Employee Travel
Reform Act of 1996''.
Subtitle A--Relocation Benefits
SEC. 1711. ALLOWANCE FOR SEEKING PERMANENT RESIDENCE
QUARTERS.
Section 5724a of title 5, United States Code, is amended to
read as follows:
``Sec. 5724a. Relocation expenses of employees transferred or
reemployed
``(a) An agency shall pay to or on behalf of an employee
who transfers in the interest of the Government, a per diem
allowance or the actual subsistence expenses, or a
combination thereof, of the immediate family of the employee
for en route travel of the immediate family between the
employee's old and new official stations.
``(b)(1) An agency may pay to or on behalf of an employee
who transfers in the interest of the Government between
official stations located within the United States--
``(A) the expenses of transportation of the employee and
the employee's spouse for travel to seek permanent residence
quarters at a new official station; and
``(B) either--
``(i) a per diem allowance or the actual subsistence
expenses (or a combination of both); or
``(ii) an amount for subsistence expenses.
``(2) Expenses may be allowed under paragraph (1) only for
one round trip in connection with each change of station of
the employee.''.
SEC. 1712. TEMPORARY QUARTERS SUBSISTENCE EXPENSES ALLOWANCE.
Section 5724a of title 5, United States Code, as amended by
section 1712, is further amended by adding at the end the
following new subsection:
``(c)(1) An agency may pay to or on behalf of an employee
who transfers in the interest of the Government--
``(A) actual subsistence expenses of the employee and the
employee's immediate family for a period of up to 60 days
while the employee or family is occupying temporary quarters
when the new official station is located within the United
States; or
``(B) an amount for subsistence expenses instead of the
actual subsistence expenses authorized in subparagraph (A) of
this paragraph.
``(2) The period authorized in paragraph (1) of this
subsection for payment of expenses for residence in temporary
quarters may be extended up to an additional 60 days if the
head of the agency concerned or the designee of such head of
the agency determines that there are compelling reasons for
the continued occupancy of temporary quarters.
``(3) The regulations implementing paragraph (1)(A) shall
prescribe daily rates and amounts for subsistence expenses
per individual.''.
[[Page 2008]]
SEC. 1713. MODIFICATION OF RESIDENCE TRANSACTION EXPENSES
ALLOWANCE.
(a) Expenses of Sale.--Section 5724a of title 5, United
States Code, as amended by section 1712, is further amended
by adding at the end the following new subsection:
``(d)(1) An agency shall pay to or on behalf of an employee
who transfers in the interest of the Government, expenses of
the sale of the residence (or the settlement of an unexpired
lease) of the employee at the old official station and
purchase of a residence at the new official station that are
required to be paid by the employee, when the old and new
official stations are located within the United States.
``(2) An agency shall pay to or on behalf of an employee
who transfers in the interest of the Government from a post
of duty located outside the United States to an official
station within the United States (other than the official
station within the United States from which the employee was
transferred when assigned to the foreign tour of duty)--
``(A) expenses required to be paid by the employee for the
sale of the residence (or the settlement of an unexpired
lease) of the employee at the old official station from which
the employee was transferred when the employee was assigned
to the post of duty located outside the United States; and
``(B) expenses required to be paid by the employee for the
purchase of a residence at the new official station within
the United States.
``(3) Reimbursement of expenses under paragraph (2) of this
subsection shall not be allowed for any sale (or settlement
of an unexpired lease) or purchase transaction that occurs
prior to official notification that the employee's return to
the United States would be to an official station other than
the official station from which the employee was transferred
when assigned to the post of duty outside the United States.
``(4) Reimbursement for brokerage fees on the sale of the
residence and other expenses under this subsection may not
exceed those customarily charged in the locality where the
residence is located.
``(5) Reimbursement may not be made under this subsection
for losses incurred by the employee on the sale of the
residence.
``(6) This subsection applies regardless of whether title
to the residence or the unexpired lease is--
``(A) in the name of the employee alone;
``(B) in the joint names of the employee and a member of
the employee's immediate family; or
``(C) in the name of a member of the employee's immediate
family alone.
``(7)(A) In connection with the sale of the residence at
the old official station, reimbursement under this subsection
shall not exceed 10 percent of the sale price.
``(B) In connection with the purchase of a residence at the
new official station, reimbursement under this subsection
shall not exceed 5 percent of the purchase price.''.
(b) Relocation Services.--Section 5724c of title 5, United
State Code, is amended to read as follows:
``Sec. 5724c. Relocation services
``Under regulations prescribed under section 5738 of this
title, each agency may enter into contracts to provide
relocation services to agencies and employees for the purpose
of carrying out this subchapter. An agency may pay a fee for
such services. Such services include arranging for the
purchase of a transferred employee's residence.''.
SEC. 1714. AUTHORITY TO PAY FOR PROPERTY MANAGEMENT SERVICES.
Section 5724a of title 5, United States Code, as amended by
section 1713, is further amended--
(1) in subsection (d), by adding at the end the following:
``(8) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government expenses of
property management services, instead of expenses under
paragraph (2) or (3) of this subsection for sale of the
employee's residence, when the agency determines that such
transfer is advantageous and cost-effective for the
Government.''; and
(2) by adding at the end the following new subsection:
``(e) An agency may pay to or on behalf of an employee who
transfers in the interest of the Government, the expenses of
property management services when the employee transfers to a
post of duty outside the United States. Such payment shall
terminate upon return of the employee to an official station
within the United States.''.
SEC. 1715. AUTHORITY TO TRANSPORT A PRIVATELY OWNED MOTOR
VEHICLE WITHIN THE CONTINENTAL UNITED STATES.
(a) In General.--Section 5727 of title 5, United States
Code, is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by inserting after subsection (b) the following new
subsection:
``(c) Under regulations prescribed under section 5738 of
this title, the privately owned motor vehicle or vehicles of
an employee, including a new appointee or a student trainee
for whom travel and transportation expenses are authorized
under section 5723 of this title, may be transported at
Government expense to a new official station of the employee
when the agency determines that such transport is
advantageous and cost-effective to the Government.''; and
(3) in subsection (e) (as so redesignated), by inserting
``or (c)'' after ``subsection (b)''.
(b) Availability of Appropriations.--(1) Section 5722(a) of
title 5, United States Code, is amended--
(A) by striking out ``and'' at the end of paragraph (1);
(B) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle as authorized under section 5727(c) of this title.''.
(2) Section 5723(a) of title 5, United States Code, is
amended--
(A) by striking out ``and'' at the end of paragraph (1);
(B) by inserting ``and'' after the semicolon at the end of
paragraph (2); and
(C) by adding at the end the following:
``(3) the expenses of transporting a privately owned motor
vehicle as authorized under section 5727(c) of this title;''.
SEC. 1716. AUTHORITY TO PAY LIMITED RELOCATION ALLOWANCES TO
AN EMPLOYEE WHO IS PERFORMING AN EXTENDED
ASSIGNMENT.
Subchapter II of chapter 57 of title 5, United States Code,
as amended by section 1605, is further amended by adding at
the end the following new section:
``Sec. 5737. Relocation expenses of an employee who is
performing an extended assignment
``(a) Under regulations prescribed under section 5738 of
this title, an agency may pay to or on behalf of an employee
assigned from the employee's official station to a duty
station for a period of not less than six months and not
greater than 30 months, the following expenses in lieu of
payment of expenses authorized under subchapter I of this
chapter:
``(1) Travel expenses to and from the assignment location
in accordance with section 5724 of this title.
``(2) Transportation expenses of the immediate family and
household goods and personal effects to and from the
assignment location in accordance with section 5724 of this
title.
``(3) A per diem allowance for en route travel of the
employee's immediate family to and from the assignment
location in accordance with section 5724a(a) of this title.
``(4) Travel and transportation expenses of the employee
and spouse to seek new residence quarters at the assignment
location in accordance with section 5724a(b) of this title.
``(5) Subsistence expenses of the employee and the
employee's immediate family while occupying temporary
quarters upon commencement and termination of the assignment
in accordance with section 5724a(c) of this title.
``(6) An amount, in accordance with section 5724a(f), to be
used by the employee for miscellaneous expenses of this
title.
``(7) The expenses of transporting a privately owned motor
vehicle or vehicles to the assignment location in accordance
with section 5727 of this title.
``(8) An allowance as authorized under section 5724b of
this title for Federal, State, and local income taxes
incurred on reimbursement of expenses paid under this section
or on services provided in kind under this section.
``(9) Expenses of nontemporary storage of household goods
and personal effects as defined in section 5726(a) of this
title, subject to the limitation that the weight of the
household goods and personal effects stored, together with
the weight of property transported under section 5724(a) of
this title, may not exceed the total maximum weight which
could be transported in accordance with section 5724(a) of
this title.
``(10) Expenses of property management services.
``(b) An agency shall not make payment under this section
to or on behalf of the employee for expenses incurred after
termination of the temporary assignment.''.
SEC. 1717. AUTHORITY TO PAY A HOME MARKETING INCENTIVE.
Subchapter IV of chapter 57 of title 5, United States Code,
is amended by adding at the end the following new section:
``Sec. 5756. Home marketing incentive payment
``(a) Under regulations prescribed under subsection (b), an
agency may pay to an employee who transfers in the interest
of the Government an amount to encourage the employee to
aggressively market the employee's residence at the official
station from which transferred when--
``(1) the residence is entered into a relocation services
program established under a contract in accordance with
section 5724c of this title to arrange for the purchase of
the residence;
``(2) the employee finds a buyer who completes the purchase
of the residence through the program; and
``(3) the sale of the residence results in a reduced cost
to the Government.
``(b)(1) The Administrator of General Services shall
prescribe regulations to carry out this section.
``(2) The regulations shall include a limitation on the
maximum amount payable with respect to an employee's
residence. The Administrator shall establish the limitation
in consultation with the Director of the Office of Management
and Budget. For fiscal years 1997 and 1998, the maximum
amount shall be the amount equal to five percent of the sale
price of the residence.''.
SEC. 1718. REVISION AND REENACTMENT OF ADDITIONAL PROVISIONS
RELATING TO RELOCATION EXPENSES.
Section 5724a of title 5, United States Code, as amended by
section 1714, is further amended by adding at the end the
following new subsections:
[[Page 2009]]
``(f)(1) Subject to paragraph (2), an employee who is
reimbursed under subsections (a) through (e) of this section
or section 5724(a) of this title is entitled to an amount for
miscellaneous expenses--
``(A) not to exceed two weeks' basic pay, if such employee
has an immediate family; or
``(B) not to exceed one week's basic pay, if such employee
does not have an immediate family.
``(2) Amounts paid under paragraph (1) may not exceed
amounts determined at the maximum rate payable for a position
at GS-13 of the General Schedule.
``(g) A former employee separated by reason of reduction in
force or transfer of function who within one year after the
separation is reemployed by a nontemporary appointment at a
different geographical location from that where the
separation occurred, may be allowed and paid the expenses
authorized by sections 5724, 5725, 5726(b), and 5727 of this
title, and may receive the benefits authorized by subsections
(a) through (f) of this section, in the same manner as though
the employee had been transferred in the interest of the
Government without a break in service to the location of
reemployment from the location where separated.
``(h) Payments for subsistence expenses, including amounts
in lieu of per diem or actual subsistence expenses or a
combination thereof, authorized under this section may not
exceed the maximum payment allowed under regulations which
implement section 5702 of this title.
``(i) Subsections (a), (b), and (c) shall be implemented
under regulations issued under section 5738 of this title.
``(j) For purposes of subsections (c), (d), and (e), the
term `United States' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the territories and possessions of the
United States, and the areas and installations in the
Republic of Panama that are made available to the United
States pursuant to the Panama Canal Treaty of 1977 and
related agreements (as described in section 3(a) of the
Panama Canal Act of 1979 (22 U.S.C. 3602(a))).''.
Subtitle B--Miscellaneous Provisions
SEC. 1721. REPEAL OF THE LONG-DISTANCE TELEPHONE CALL
CERTIFICATION REQUIREMENT.
Section 1348 of title 31, United States Code, is amended--
(1) by striking the last sentence of subsection (a)(2);
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 1722. TRANSFER OF AUTHORITY TO PRESCRIBE REGULATIONS.
Subchapter II of chapter 57 of title 5, United States Code,
as amended by section 1716, is further amended by adding at
the end the following new section:
``Sec. 5738. Regulations
``(a)(1) Except as specifically provided in this
subchapter, the Administrator of General Services shall
prescribe regulations necessary for the administration of
this subchapter.
``(2) The Administrator of General Services shall include
in the regulations authority for the head of an agency or his
designee to waive any limitation of this subchapter or in any
implementing regulation for any employee relocating to or
from a remote or isolated location who would suffer hardship
if the limitation were not waived. A waiver of a limitation
under authority provided in the regulations pursuant to this
paragraph shall be effective notwithstanding any other
provision of this subchapter.
``(b) In prescribing regulations for the implementation of
section 5724b of this title, the Administrator of General
Services shall consult with the Secretary of the Treasury.
``(c) The Secretary of Defense shall prescribe regulations
necessary for the implementation of section 5735 of this
title.''.
SEC. 1723. CONFORMING AND CLERICAL AMENDMENTS.
(a) Cross References.--(1) Title 5, United States Code, is
amended as follows:
(A) Section 3375 is amended--
(i) in subsection (a)(3), by striking out ``section
5724a(a)(1)'' and inserting in lieu thereof ``section
5724a(a)'';
(ii) in subsection (a)(4), by striking out ``section
5724a(a)(3)'' and inserting in lieu thereof ``section
5724a(c)''; and
(iii) in subsection (a)(5), by striking out ``section
5724a(b)'' and inserting in lieu thereof ``section
5724a(g)''; and
(B) Section 5724(e) is amended by striking out ``section
5724a(a), (b)'' and inserting in lieu thereof ``section
5724a(a) through (f)''.
(2) Section 707 of title 38, United States Code, is
amended--
(A) in subsection (a)(6), by striking out ``Section
5724a(a)(3)'' and inserting in lieu thereof ``Section
5724a(c)''; and
(B) in subsection (a)(7), by striking out ``Section
5724a(a)(4)'' and inserting in lieu thereof ``Section
5724a(d)''.
(3) The Public Health Service Act is amended as follows:
(A) Section 501(g)(2)(A) (42 U.S.C. 290aa(g)(2)(A)) is
amended by striking out ``5724a(a)(1), 5724a(a)(3)'' and
inserting in lieu thereof ``5724a(a), 5724a(c)''.
(B) Section 925(f)(2)(A) (42 U.S.C. 299c-4(f)(2)(A)) is
amended by striking out ``5724a(a)(1), 5724a(a)(3)'' and
inserting in lieu thereof ``5724a(a), 5724a(c)''.
(b) Regulations.--Title 5, United States Code, is amended
as follows:
(1) Sections 5722, 5723, 5724, (in subsections (a), (b),
and (c)), 5724b, 5726 (in subsections (b) and (c)), 5727(b),
5728 (in subsections (a), (b), and (c)(1)), and 5729 (in
subsections (a) and (b)) of title 5, United States Code, are
amended by striking out ``Under such regulations as the
President may prescribe'', and inserting in lieu thereof
``Under regulations prescribed under section 5738 of this
title''.
(2) Section 5724 of title 5, United States Code, is
amended--
(A) by striking out ``under regulations prescribed by the
President'' each place it appears in subsections (c) and (e)
and inserting in lieu thereof ``under regulations prescribed
under section 5738 of this title''; and
(B) in subsection (f), by striking out ``under the
regulations of the President'' and inserting in lieu thereof
``under regulations prescribed under section 5738 of this
title''.
(3) Section 5726(a) of title 5, United States Code, is
amended by striking out ``as the President may by regulation
authorize'' and inserting in lieu thereof ``as authorized
under regulations prescribed under section 5738 of this
title''.
(4) Section 5731(a) of title 5, United States Code, is
amended by striking out ``in accordance with regulations
prescribed by the President'' and inserting in lieu thereof
``in accordance with regulations prescribed under section
5738 of this title''.
(c) Clerical Amendments.--The table of sections at the
beginning of chapter 57 of title 5, United States Code, as
amended by section 1605, is further amended--
(1) by inserting after the item relating to section 5736
the following:
``5737. Relocation expenses of an employee who is performing an
extended assignment.
``5738. Regulations.'';
and
(2) by inserting at the end the following:
``5756. Home marketing incentive payment.''.
SEC. 1724. ASSESSMENT OF COST SAVINGS.
No later than one year after the effective date set forth
in section 1725(a), the Comptroller General shall submit to
the Committee on Governmental Affairs of the Senate and the
Committee on Government Reform and Oversight of the House of
Representatives an assessment of the costs of Federal travel
administration that are saved as a result of the amendments
made by this title and the regulations prescribed to carry
out the amendments.
SEC. 1725. EFFECTIVE DATE AND ISSUANCE OF REGULATIONS.
(a) Effective Date.--The amendments made by this title
shall take effect 180 days after the date of the enactment of
this Act.
(b) Regulations.--The Administrator of General Services
shall, not later than the effective date set forth under
subsection (a), issue final regulations implementing the
amendments made by this title.
TITLE XVIII--FEDERAL CHARTER FOR THE FLEET RESERVE ASSOCIATION
Sec. 1801. Recognition and grant of Federal charter.
Sec. 1802. Powers.
Sec. 1803. Purposes.
Sec. 1804. Service of process.
Sec. 1805. Membership.
Sec. 1806. Board of directors.
Sec. 1807. Officers.
Sec. 1808. Restrictions.
Sec. 1809. Liability.
Sec. 1810. Maintenance and inspection of books and records.
Sec. 1811. Audit of financial transactions.
Sec. 1812. Annual report.
Sec. 1813. Reservation of right to alter, amend, or repeal charter.
Sec. 1814. Tax-exempt status required as condition of charter.
Sec. 1815. Termination.
Sec. 1816. Definition of State.
SEC. 1801. RECOGNITION AND GRANT OF FEDERAL CHARTER.
The Fleet Reserve Association, a nonprofit corporation
organized under the laws of the State of Delaware, is
recognized as such and granted a Federal charter.
SEC. 1802. POWERS.
The Fleet Reserve Association (in this title referred to as
the ``association'') shall have only those powers granted to
it through its bylaws and articles of incorporation filed in
the State of Delaware and subject to the laws of that State.
SEC. 1803. PURPOSES.
The purposes of the association are those provided in its
bylaws and articles of incorporation and shall include the
following:
(1) Upholding and defending the Constitution of the United
States.
(2) Aiding and maintaining an adequate naval defense for
the United States.
(3) Assisting the recruitment of the best personnel
available for the United States Navy, United States Marine
Corps, and United States Coast Guard.
(4) Providing for the welfare of the personnel who serve in
the United States Navy, United States Marine Corps, and
United States Coast Guard.
(5) Continuing to serve loyally the United States Navy,
United States Marine Corps, and United States Coast Guard.
(6) Preserving the spirit of shipmanship by providing
assistance to shipmates and their families.
(7) Instilling love of the United States and the flag and
promoting soundness of mind and body in the youth of the
United States.
SEC. 1804. SERVICE OF PROCESS.
With respect to service of process, the association shall
comply with the laws of the State of Delaware and those
States in which it carries on its activities in furtherance
of its corporate purposes.
[[Page 2010]]
SEC. 1805. MEMBERSHIP.
Except as provided in section 1808(g), eligibility for
membership in the association and the rights and privileges
of members shall be as provided in the bylaws and articles of
incorporation of the association.
SEC. 1806. BOARD OF DIRECTORS.
Except as provided in section 1808(g), the composition of
the board of directors of the association and the
responsibilities of the board shall be as provided in the
bylaws and articles of incorporation of the association and
in conformity with the laws of the State of Delaware.
SEC. 1807. OFFICERS.
Except as provided in section 1808(g), the positions of
officers of the association and the election of members to
such positions shall be as provided in the bylaws and
articles of incorporation of the association and in
conformity with the laws of the State of Delaware.
SEC. 1808. RESTRICTIONS.
(a) Income and Compensation.--No part of the income or
assets of the association may inure to the benefit of any
member, officer, or director of the association or be
distributed to any such individual during the life of this
charter. Nothing in this subsection may be construed to
prevent the payment of reasonable compensation to the
officers and employees of the association or reimbursement
for actual and necessary expenses in amounts approved by the
board of directors.
(b) Loans.--The association may not make any loan to any
member, officer, director, or employee of the association.
(c) Issuance of Stock and Payment of Dividends.--The
association may not issue any shares of stock or declare or
pay any dividends.
(d) Disclaimer of Congressional or Federal Approval.--The
association may not claim the approval of the Congress or the
authorization of the Federal Government for any of its
activities by virtue of this title.
(e) Corporate Status.--The association shall maintain its
status as a corporation organized and incorporated under the
laws of the State of Delaware.
(f) Corporate Function.--The association shall function as
an educational, patriotic, civic, historical, and research
organization under the laws of the State of Delaware.
(g) Nondiscrimination.--In establishing the conditions of
membership in the association and in determining the
requirements for serving on the board of directors or as an
officer of the association, the association may not
discriminate on the basis of race, color, religion, sex,
handicap, age, or national origin.
SEC. 1809. LIABILITY.
The association shall be liable for the acts of its
officers, directors, employees, and agents whenever such
individuals act within the scope of their authority.
SEC. 1810. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The association shall
keep correct and complete books and records of account and
minutes of any proceeding of the association involving any of
its members, the board of directors, or any committee having
authority under the board of directors.
(b) Names and Addresses of Members.--The association shall
keep at its principal office a record of the names and
addresses of all members having the right to vote in any
proceeding of the association.
(c) Right to Inspect Books and Records.--All books and
records of the association may be inspected by any member
having the right to vote in any proceeding of the
association, or by any agent or attorney of such member, for
any proper purpose at any reasonable time.
(d) Application of State Law.--This section may not be
construed to contravene any applicable State law.
SEC. 1811. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide
for audit of accounts of private corporations established
under Federal law'', approved August 30, 1964 (36 U.S.C.
1101), is amended by adding at the end the following:
``(77) Fleet Reserve Association.''.
SEC. 1812. ANNUAL REPORT.
The association shall annually submit to Congress a report
concerning the activities of the association during the
preceding fiscal year. The annual report shall be submitted
on the same date as the report of the audit required by
reason of the amendment made in section 1811. The annual
report shall not be printed as a public document.
SEC. 1813. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL
CHARTER.
The right to alter, amend, or repeal this title is
expressly reserved to Congress.
SEC. 1814. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF
CHARTER.
If the association fails to maintain its status as an
organization exempt from taxation as provided in the Internal
Revenue Code of 1986 the charter granted in this title shall
terminate.
SEC. 1815. TERMINATION.
The charter granted in this title shall expire if the
association fails to comply with any of the provisions of
this title.
SEC. 1816. DEFINITION OF STATE.
For purposes of this title, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1997''.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Land acquisition, National Ground Intelligence Center,
Charlottesville, Virginia.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), and, in the case of the projects described in
paragraphs (2) and (3) of section 2104(b), other amounts
appropriated pursuant to authorizations enacted after this
Act for the projects, the Secretary of the Army may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Total
------------------------------------------------------------------------
Alabama...................... Fort Rucker.............. $3,250,000
California................... Army project, Naval $27,000,000
Weapons Station, Concord
Camp Roberts............. $5,500,000
Colorado..................... Fort Carson.............. $17,550,000
District of Columbia......... Fort McNair.............. $6,900,000
Georgia...................... Fort Benning............. $53,400,000
Fort McPherson........... $3,500,000
Fort Stewart, Hunter Army $6,000,000
Air Field.
Hawaii....................... Schofield Barracks....... $16,500,000
Kansas....................... Fort Riley............... $26,000,000
Kentucky..................... Fort Campbell............ $51,100,000
Fort Knox................ $45,000,000
New Jersey................... Picatinny Arsenal........ $5,000,000
New Mexico................... White Sands Missile Range $41,000,000
New York..................... Fort Drum................ $11,400,000
North Carolina............... Fort Bragg............... $14,000,000
Texas........................ Fort Hood................ $47,300,000
Fort Sam Houston......... $3,100,000
Virginia..................... Fort Eustis.............. $3,550,000
National Ground $1,000,000
Intelligence Center,
Charlottesville.........
Washington................... Fort Lewis............... $54,600,000
[[Page 2011]]
CONUS Classified............. Classified Locations..... $4,600,000
---------------
Total:................. $447,250,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Total
------------------------------------------------------------------------
Germany........................ Lincoln Village, $7,300,000
Darmstadt.
Spinelli Barracks, $8,100,000
Mannheim.
Taylor Barracks, $9,300,000
Mannheim.
Italy.......................... Camp Ederle............ $3,100,000
Korea.......................... Camp Casey............. $16,000,000
Camp Red Cloud......... $14,000,000
Overseas Classified............ Classified Locations... $64,000,000
---------------
Total:............... $121,800,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(5)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Total
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Schofield Barracks........ 54 Units.................. $10,000,000
North Carolina.......................... Fort Bragg................ 88 Units.................. $9,800,000
Pennsylvania............................ Tobyhanna Army Depot...... 200 Units................. $890,000
Texas................................... Fort Bliss................ 64 Units.................. $11,000,000
Fort Hood................. 140 Units................. $18,500,000
---------------
Total:.................. $50,190,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $2,963,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $105,350,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $1,942,557,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $394,250,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $121,800,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$5,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,538,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$158,503,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $1,212,466,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $31,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of the National Range
Control Center at White Sands Missile Range, New Mexico); and
(3) $22,000,000 (the balance of the amount authorized under
section 2101(a) for the whole barracks complex renewal at
Fort Knox, Kentucky).
SEC. 2105. LAND ACQUISITION, NATIONAL GROUND INTELLIGENCE
CENTER, CHARLOTTESVILLE, VIRGINIA.
(a) Acquisition Authorized.--Subject to subsection (b), the
Secretary of the Army may acquire real property for the
National Ground Intelligence Center, Charlottesville,
Virginia.
(b) Requirement Relating to Acquisition.--The Secretary may
not acquire real property pursuant to the authorization in
subsection (a) until the Secretary certifies to the
congressional defense committees, based on the results of an
assessment of property currently owned or operated by the
Federal Government in the vicinity of Charlottesville,
Virginia, that the acquisition of the property would provide
the most cost-effective means of securing a location for the
National Ground Intelligence Center that satisfies the
mission requirements of the center.
(c) Funding.--Of the amounts authorized to be appropriated
by section 2104(a)(1), $1,000,000 shall be available for the
acquisition of real property pursuant to the authorization in
subsection (a).
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Beach replenishment, Naval Air Station, North Island,
California.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), and, in the case of the projects described in
paragraphs (2) and (3) of section
[[Page 2012]]
2204(b), other amounts appropriated pursuant to
authorizations enacted after this Act for the projects, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Navy Detachment, Camp $3,920,000
Navajo.
California..................... Marine Corps Air-Ground $4,020,000
Combat Center,
Twentynine Palms......
Marine Corps Air $6,240,000
Station, Camp
Pendleton.............
Marine Corps Base, Camp $51,630,000
Pendleton.............
Marine Corps Recruit $8,150,000
Detachment, San Diego.
Naval Air Station, $86,502,000
North Island.
Naval Command Control & $1,960,000
Ocean Surveillance
Center, San Diego.....
Naval Facility, San $17,000,000
Clemente Island.
Naval Station, San $7,050,000
Diego.
Connecticut.................... Naval Submarine Base, $13,830,000
New London.
District of Columbia........... Naval District, $19,300,000
Washington.
Florida........................ Naval Air Station, Key $2,250,000
West.
Naval Station, Mayport. $2,800,000
Georgia........................ Naval Submarine Base, $1,550,000
Kings Bay.
Hawaii......................... Marine Corps, Air $20,080,000
Station, Kaneohe Bay.
Naval Station, Pearl $19,600,000
Harbor.
Naval Submarine Base, $35,890,000
Pearl Harbor.
Idaho.......................... Naval Surface Warfare $7,150,000
Center, Bayview.
Illinois....................... Naval Hospital, Great $15,200,000
Lakes.
Naval Training Center, $22,900,000
Great Lakes.
Indiana........................ Naval Surface Warfare $5,000,000
Center, Crane.
Maryland....................... Naval Air Warfare $1,270,000
Center, Patuxent River
United States Naval $10,480,000
Academy.
Mississippi.................... Navy Project, Stennis $7,960,000
Space Center.
Nevada......................... Naval Air Station, $21,630,000
Fallon.
North Carolina................. Marine Corps Air $1,630,000
Station, Cherry Point.
Marine Corps Air $20,290,000
Station, New River.
Marine Corps Base, Camp $20,750,000
Lejeune.
Pennsylvania................... Philadelphia Naval $8,300,000
Shipyard.
South Carolina................. Marine Corps Recruit $2,540,000
Depot, Parris Island..
Texas.......................... Naval Air Station, $1,810,000
Kingsville.
Naval Station, $16,850,000
Ingleside.
Virginia....................... Armed Forces Staff $12,900,000
College, Norfolk......
Marine Corps Combat $14,570,000
Development Command,
Quantico..............
Naval Station, Norfolk. $56,120,000
Naval Surface Warfare $8,030,000
Center, Dahlgren.
Washington..................... Naval Station, Everett. $25,740,000
Naval Undersea Warfare $6,800,000
Center, Keyport.......
CONUS Various.................. Defense access roads... $300,000
---------------
Total:............... $589,992,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), and, in the case of the project described in
section 2204(b)(4), other amounts appropriated pursuant to
authorizations enacted after this Act for the project, the
Secretary of the Navy may acquire real property and carry out
military construction projects for the installations and
locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................ Administrative Support $5,980,000
Unit, Bahrain.
Greece......................... Naval Support Activity, $7,050,000
Souda Bay.
Italy.......................... Naval Air Station, $15,700,000
Sigonella.
Naval Support Activity, $8,620,000
Naples.
Puerto Rico.................... Naval Station, $23,600,000
Roosevelt Roads.
United Kingdom................. Joint Maritime $4,700,000
Communications Center,
St. Mawgan............
---------------
Total:............... $65,650,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
[[Page 2013]]
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................. Marine Corps Air Station, Ancillary Facility........ $709,000
Yuma.....................
California.............................. Marine Corps Air-Ground Ancillary Facilities...... $2,938,000
Combat Center, Twentynine
Palms....................
Marine Corps Base, Camp 202 Units................. $29,483,000
Pendleton................
Naval Air Station, Lemoore 276 Units................. $39,837,000
Navy Public Works Center, 366 Units................. $48,719,000
San Diego................
Florida................................. Naval Station, Mayport.... 100 Units................. $10,000,000
Hawaii.................................. Marine Corps Air Station, 54 Units.................. $11,676,000
Kaneohe Bay..............
Navy Public Works Center, 264 Units................. $52,586,000
Pearl Harbor.............
Maine................................... Naval Air Station 92 Units.................. $10,925,000
Brunswick................
Maryland................................ Naval Air Warfare Center, Ancillary Facility........ $1,233,000
Patuxent River...........
North Carolina.......................... Marine Corps Base, Camp Ancillary Facility........ $845,000
Lejeune..................
Marine Corps Base, Camp 94 Units.................. $10,110,000
Lejeune..................
South Carolina.......................... Marine Corps Air Station, 140 Units................. $14,000,000
Beaufort.................
Texas................................... Corpus Christi Naval 104 Units................. $11,675,000
Complex..................
Naval Air Station, 48 Units.................. $7,550,000
Kingsville...............
Virginia................................ AEGIS Combat Systems 20 Units.................. $2,975,000
Center, Wallops Island...
Naval Security Group Ancillary Facility........ $741,000
Activity, Northwest......
Washington.............................. Naval Station, Everett.... 100 Units................. $15,015,000
Naval Submarine Base, Ancillary Facility........ $934,000
Bangor...................
---------------
Total:.................. $281,951,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $22,552,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $205,383,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,213,731,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $579,312,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $51,550,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $5,115,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,927,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$499,886,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$1,014,241,000.
(6) For the construction of a bachelor enlisted quarters at
the Naval Construction Battalion Center, Port Hueneme,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 525), $7,700,000.
(7) For the construction of a Strategic Maritime Research
Center at the Naval War College, Newport, Rhode Island,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3031), $8,000,000.
(8) For the construction of the large anachoic chamber
facility at the Patuxent River Naval Warfare Center, Aircraft
Division, Maryland, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2590),
$10,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $5,200,000 (the balance of the amount authorized under
section 2201(a) for the construction of a bachelors enlisted
quarters at Naval Hospital, Great Lakes, Illinois);
(3) $5,480,000 (the balance of the amount authorized under
section 2201(a) for the construction of a chiller system
upgrade at the United States Naval Academy, Maryland); and
(4) $14,100,000 (the balance of the amount authorized under
section 2201(b) for the construction of a bachelor enlisted
quarters at Naval Station, Roosevelt Roads, Puerto Rico).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (8) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $12,000,000,
which represents the combination of project savings resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
SEC. 2205. BEACH REPLENISHMENT, NAVAL AIR STATION, NORTH
ISLAND, CALIFORNIA.
(a) Cost-Sharing Agreement.--With regard to the portion of
the military construction project for Naval Air Station,
North Island, California, authorized by section 2201(a) and
involving on-shore and near-shore beach replenishment, the
Secretary of the Navy shall enter into an agreement with the
State of California and local governments in the vicinity of
the project, under which the State and local governments
agree to cover not less than 50 percent of the cost incurred
by the Secretary to carry out the beach replenishment portion
of the project. Within amounts appropriated for the project,
Federal expenditures may not exceed $9,630,000 for beach
replenishment.
(b) Activities Pending Agreement.--The Secretary shall not
delay commencement of, or activities under, the construction
project described in subsection (a), including the beach
replenishment portion of the project, pending the execution
of the cost-sharing agreement.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Elimination of authority to carry out fiscal year 1995
project, Spangdahlem Air Force Base, Germany.
[[Page 2014]]
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $7,875,000
Alaska......................... Elmendorf Air Force $21,530,000
Base.
Eielson Air Force Base. $3,900,000
King Salmon Air Force $5,700,000
Base.
Arizona........................ Davis-Monthan Air Force $9,920,000
Base.
Luke Air Force Base.... $6,700,000
Arkansas....................... Little Rock Air Force $18,105,000
Base.
California..................... Beale Air Force Base... $14,425,000
Edwards Air Force Base. $20,080,000
Travis Air Force Base.. $14,980,000
Vandenberg Air Force $3,290,000
Base.
Colorado....................... Buckley Air National $17,960,000
Guard Base.
Falcon Air Force $2,095,000
Station.
Peterson Air Force Base $20,720,000
United States Air Force $12,165,000
Academy.
Delaware....................... Dover Air Force Base... $19,980,000
Florida........................ Eglin Air Force Base... $4,590,000
Eglin Auxiliary Field 9 $6,825,000
Patrick Air Force Base. $2,595,000
Tyndall Air Force Base. $3,600,000
Georgia........................ Moody Air Force Base... $3,350,000
Robins Air Force Base.. $25,045,000
Idaho.......................... Mountain Home Air Force $15,945,000
Base.
Kansas......................... McConnell Air Force $19,130,000
Base.
Louisiana...................... Barksdale Air Force $4,890,000
Base.
Maryland....................... Andrews Air Force Base. $8,140,000
Mississippi.................... Keesler Air Force Base. $14,465,000
Montana........................ Malstrom Air Force Base $6,300,000
Nevada......................... Indian Springs Air $4,690,000
Force Auxiliary Air
Field.................
Nellis Air Force Base.. $9,900,000
New Mexico..................... Cannon Air Force Base.. $7,100,000
Kirtland Air Force Base $10,000,000
New Jersey..................... McGuire Air Force Base. $8,080,000
North Carolina................. Pope Air Force Base.... $5,915,000
Seymour Johnson Air $11,280,000
Force Base.
North Dakota................... Grand Forks Air Force $12,470,000
Base.
Minot Air Force Base... $3,940,000
Ohio........................... Wright-Patterson Air $7,400,000
Force Base.
Oklahoma....................... Tinker Air Force Base.. $9,880,000
South Carolina................. Charleston Air Force $37,410,000
Base.
Shaw Air Force Base.... $14,465,000
South Dakota................... Ellsworth Air Force $4,150,000
Base.
Tennessee...................... Arnold Engineering $12,481,000
Development Center....
Texas.......................... Brooks Air Force Base.. $5,400,000
Dyess Air Force Base... $12,295,000
Kelly Air Force Base... $3,250,000
Lackland Air Force Base $9,413,000
Sheppard Air Force Base $9,400,000
Utah........................... Hill Air Force Base.... $3,690,000
Virginia....................... Langley Air Force Base. $8,005,000
Washington..................... Fairchild Air Force $18,155,000
Base.
McChord Air Force Base. $57,065,000
Wyoming........................ F.E. Warren Air Force $3,700,000
Base.
---------------
Total:............... $603,834,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Force Base $5,370,000
Spangdahlem Air Base... $1,890,000
Italy.......................... Aviano Air Base........ $10,060,000
Korea.......................... Osan Air Base.......... $9,780,000
Turkey......................... Incirlik Air Base...... $7,160,000
United Kingdom................. Croughton Royal Air $1,740,000
Force Base.
Lakenheath Royal Air $17,525,000
Force Base.
Mildenhall Royal Air $6,195,000
Force Base.
Overseas Classified............ Classified Locations... $18,395,000
---------------
Total:............... $78,115,000
------------------------------------------------------------------------
[[Page 2015]]
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base.... 72 units.................. $21,127,000
Eielson Air Force Base.... Ancillary Facility........ $2,950,000
California.............................. Beale Air Force Base...... 56 Units.................. $8,893,000
Los Angeles Air Force Base 25 units.................. $6,425,000
Travis Air Force Base..... 70 Units.................. $8,631,000
...................................... Vandenberg Air Force Base. 112 Units................. $20,891,000
District of Columbia.................... Bolling Air Force Base.... 40 units.................. $5,000,000
Florida................................. Eglin Auxiliary Field 9... 1 Unit.................... $249,000
MacDill Air Force Base.... 56 Units.................. $8,822,000
Patrick Air Force Base.... Ancillary Facility........ $2,430,000
Tyndall Air Force Base.... 42 Units.................. $6,000,000
Georgia................................. Robins Air Force Base..... 46 Units.................. $5,252,000
Louisiana............................... Barksdale Air Force Base.. 80 Units.................. $9,570,000
Massachusetts........................... Hanscom Air Force Base.... 32 Units.................. $5,100,000
Missouri................................ Whiteman Air Force Base... 68 Units.................. $9,600,000
Montana................................. Malstrom Air Force Base... 98 Units.................. $15,688,000
Nevada.................................. Nellis Air Force Base..... 50 Units.................. $7,955,000
New Mexico.............................. Kirtland Air Force Base... 50 Units.................. $5,450,000
North Dakota............................ Grand Forks Air Force Base 66 Units.................. $7,784,000
Minot Air Force Base...... 46 Units.................. $8,740,000
Texas................................... Lackland Air Force Base... 82 Units.................. $11,500,000
Lackland Air Force Base... Ancillary Facility........ $800,000
Washington.............................. McChord Air Force Base.... 50 Units.................. $5,659,000
---------------
Total:.................. $184,516,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $9,590,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(5)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $123,650,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,894,594,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $603,834,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $78,115,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,328,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $50,687,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$317,756,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $829,474,000.
(6) For the construction of a corrosion control facility at
Tinker Air Force Base, Oklahoma, authorized by section
2301(a) of the Military Construction Authorization Act for
Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat.
530), $5,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
SEC. 2305. ELIMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1995 PROJECT, SPANGDAHLEM AIR FORCE BASE,
GERMANY.
(a) Elimination of Project.--The table in section 2301(b)
of the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103-337; 108 Stat. 3037)
is amended in the item relating to Spangdahlem Air Base,
Germany, by striking out ``$9,473,000'' in the amount column
and inserting in lieu thereof ``$7,373,000'', such reduction
corresponding to the project to upgrade the sewage and storm
water system at the installation.
(b) Conforming Amendment to Authorization of
Appropriations.--Section 2304(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3038) is amended--
(1) in the matter preceding paragraph (1), by striking out
``$1,601,602,000'' and inserting in lieu thereof
``$1,599,502,000''; and
(2) in paragraph (2), by striking out ``$38,273,000'' and
inserting in lieu thereof ``$36,173,000''.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense Agencies.
Sec. 2407. Reduction in amounts authorized to be appropriated for
fiscal year 1996 Defense Agencies military construction,
land acquisition, and military family housing functions.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2406(a)(1), and, in the case of the projects described in
paragraphs (2) and (3) of section 2406(b), other amounts
appropriated pursuant to authorizations enacted after this
Act for the projects, the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization Pueblo Chemical $179,000,000
Program....................... Activity, Colorado....
Defense Finance & Accounting Charleston, South $6,200,000
Service....................... Carolina..............
Fort Sill, Oklahoma.... $12,864,000
Gentile Air Force $11,400,000
Station, Ohio.........
Griffiss Air Force $10,200,000
Base, New York........
Loring Air Force Base, $6,900,000
Maine.................
Naval Training Center, $2,600,000
Orlando, Florida......
[[Page 2016]]
Norton Air Force Base, $13,800,000
California............
Offutt Air Force Base, $7,000,000
Nebraska..............
Rock Island Arsenal, $14,400,000
Illinois..............
Defense Intelligence Agency.... Bolling Air Force Base, $6,790,000
District of Columbia..
Defense Logistics Agency....... Altus Air Force Base, $3,200,000
Oklahoma..............
Andrews Air Force Base, $12,100,000
Maryland..............
Barksdale Air Force $4,300,000
Base, Louisiana.......
Defense Construction $600,000
Supply Center,
Columbus, Ohio........
Defense Distribution, $15,700,000
San Diego, California.
Elmendorf Air Force $21,000,000
Base, Alaska..........
McConnell Air Force $2,200,000
Base, Kansas..........
Naval Air Facility, El $5,700,000
Centro, California....
Naval Air Station, $2,100,000
Fallon, Nevada........
Naval Air Station, $1,500,000
Oceana, Virginia......
Shaw Air Force Base, $2,900,000
South Carolina........
Travis Air Force Base, $15,200,000
California............
Defense Medical Facility Office Andrews Air Force Base, $15,500,000
Maryland..............
Charleston Air Force $1,800,000
Base, South Carolina..
Fort Bliss, Texas...... $6,600,000
Fort Bragg, North $11,400,000
Carolina..............
Fort Hood, Texas....... $1,950,000
Marine Corps Base, Camp $3,300,000
Pendleton, California.
Maxwell Air Force Base, $25,000,000
Alabama...............
Naval Air Station, Key $15,200,000
West, Florida.........
Naval Air Station, $1,250,000
Norfolk, Virginia.....
Naval Air Station, $38,000,000
Lemoore, California...
Special Operations Command..... Fort Bragg, North $14,000,000
Carolina..............
Fort Campbell, Kentucky $4,200,000
MacDill Air Force Base, $9,600,000
Florida...............
Naval Amphibious Base, $7,700,000
Coronado, California..
Naval Station, Ford $12,800,000
Island, Pearl Harbor,
Hawaii................
---------------
Total................ $525,454,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2406(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Logistics Agency....... Moron Air Base, Spain.. $12,958,000
Naval Air Station, $6,100,000
Sigonella, Italy......
Defense Medical Facility Office Administrative Support $4,600,000
Unit, Bahrain, Bahrain
---------------
Total................ $23,658,000
------------------------------------------------------------------------
SEC. 2402. MILITARY HOUSING PLANNING AND DESIGN.
Using amounts appropriated pursuant to the authorization of
appropriation in section 2406(a)(14)(A), the Secretary of
Defense may carry out architectural and engineering services
and construction design activities with respect to the
construction or improvement of military family housing units
in an amount not to exceed $500,000.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriation in section 2406(a)(14)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $3,871,000.
SEC. 2404. MILITARY HOUSING IMPROVEMENT PROGRAM.
(a) Availability of Funds for Credit to Family Housing
Improvement Fund.--(1) Of the amount authorized to be
appropriated pursuant to section 2406(a)(14)(C), $25,000,000
shall be available for credit to the Department of Defense
Family Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code.
(2) Of the amount authorized to be appropriated pursuant to
section 2406(a)(14)(D), $5,000,000 shall be available for
credit to the Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2) of
such title.
(b) Use of Funds.--(1) The Secretary of Defense may use
funds credited to the Department of Defense Family Housing
Improvement Fund under subsection (a)(1) to carry out any
activities authorized by subchapter IV of chapter 169 of such
title with respect to military family housing.
(2) The Secretary of Defense may use funds credited to the
Department of Defense Military Unaccompanied Housing
Improvement Fund under subsection (a)(2) to carry out any
activities authorized by subchapter IV of chapter 169 of such
title with respect to military unaccompanied housing.
SEC. 2405. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2406(a)(12), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code.
SEC. 2406. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1996, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $3,379,703,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $344,854,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $23,658,000.
(3) For military construction projects at Naval Hospital,
Portsmouth, Virginia, hospital replacement, authorized by
section 2401(a) of the Military Construction Authorization
Act for Fiscal Years 1990 and 1991 (division B of Public Law
101-189; 103 Stat. 1640), $24,000,000.
(4) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2599), $72,000,000.
(5) For military construction projects at Fort Bragg, North
Carolina, hospital replacement, authorized by section 2401(a)
of the Military Construction Authorization Act for Fiscal
Year 1993 (106 Stat. 2599), $89,000,000.
(6) For military construction projects at Pine Bluff
Arsenal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of the Public Law 103-337; 108 Stat. 3040),
$46,000,000.
(7) For military construction projects at Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (108
Stat. 3040), $64,000,000.
(8) For military construction projects at the Defense
Finance and Accounting Service,
[[Page 2017]]
Columbus, Ohio, authorized by section 2401(a) of the Military
Construction Authorization Act of Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 535), $20,822,000.
(9) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $4,500,000.
(10) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $21,874,000.
(11) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $12,239,000.
(12) For energy conservation projects under section 2865 of
title 10, United States Code, $47,765,000.
(13) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $2,507,476,000.
(14) For military family housing functions:
(A) For improvement and planning of military family housing
and facilities, $4,371,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$30,963,000, of which not more than $25,637,000 may be
obligated or expended for the leasing of military family
housing units worldwide.
(C) For credit to the Department of Defense Family Housing
Improvement Fund as authorized by section 2404(a)(1) of this
Act, $25,000,000.
(D) For credit to the Department of Defense Military
Unaccompanied Housing Improvement Fund as authorized by
section 2404(a)(2) of this Act, $5,000,000.
(E) For the Homeowners Assistance Program as authorized by
section 2832 of title 10, United States Code, $36,181,000, to
remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $179,000,000 (the balance of the amount authorized
under section 2401(a) of this Act for the construction of a
chemical demilitarization facility at Pueblo Army Depot,
Colorado); and
(3) $1,600,000 (the balance of the amount authorized under
section 2401(a) of this Act for the construction of a
replacement facility for the medical and dental clinic, Key
West Naval Air Station, Florida).
SEC. 2407. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 1996 DEFENSE AGENCIES MILITARY
CONSTRUCTION, LAND ACQUISITION, AND MILITARY
FAMILY HOUSING FUNCTIONS.
Section 2405 of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104-106; 110
Stat. 537) is amended by adding at the end the following new
subsection:
``(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (11) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $7,000,000, which
represents the combination of project savings resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes.''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1996, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Security
Investment program as authorized by section 2501, in the
amount of $172,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Authorization and funding for construction and improvement
of Naval Reserve Centers.
Sec. 2603. Upgrade Air National Guard facilities, Bangor International
Airport, Maine.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years
beginning after September 30, 1996, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$59,194,000; and
(B) for the Army Reserve, $55,543,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $32,779,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$188,505,000; and
(B) for the Air Force Reserve, $52,805,000.
SEC. 2602. AUTHORIZATION AND FUNDING FOR CONSTRUCTION AND
IMPROVEMENT OF NAVAL RESERVE CENTERS.
(a) Army Reserve Centers.--Using amounts appropriated under
the heading ``Military Construction, Naval Reserve'' in the
Military Construction Appropriations Act, 1995 (Public Law
103-307; 108 Stat. 1661), for the construction of a Naval
Reserve Center in Seattle, Washington, the Secretary of the
Army may carry out a military construction project for the
construction of an Army Reserve Center at Fort Lawton,
Washington, in the total amount of $5,200,000, of which
$700,000 may be used for program and design activities
relating to such construction.
(b) Naval Reserve Facilities.--Using amounts appropriated
under the heading ``Military Construction, Naval Reserve'' in
the Military Construction Appropriations Act, 1995 (Public
Law 103-307; 108 Stat. 1661), for the construction of a Naval
Reserve Center in Seattle, Washington, the Secretary of the
Navy may carry out--
(1) a military construction project for the construction of
an addition to the Naval Reserve Center in Tacoma,
Washington, in the total amount of $4,200,000;
(2) unspecified minor construction at Naval Reserve
facilities in the total amount of $500,000; and
(3) planning and design activities with respect to
improvements at Naval Reserve facilities in the total amount
of $500,000.
SEC. 2603. UPGRADE AIR NATIONAL GUARD FACILITIES, BANGOR
INTERNATIONAL AIRPORT, MAINE.
(a) Project Authorized.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2601(3)(A) and amounts appropriated pursuant to
authorizations of appropriations enacted after the date of
the enactment of this Act, the Secretary of the Air Force may
carry out a construction project to upgrade Air National
Guard base and support facilities at Bangor International
Airport, Maine. The Secretary may contract for architectural
and engineering services and construction design services in
connection with the construction project.
(b) Limitation on Total Cost of Project.--The total cost of
the construction project authorized by subsection (a) may not
exceed $13,000,000.
(c) Fiscal Year 1997 Funding.--Of the amount authorized to
be appropriated in section 2601(3)(A), $7,000,000 shall be
available to carry out the construction project authorized by
subsection (a).
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2705. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 1999; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2000.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 1999; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2000 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1994 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1994
(division B of Public Law 103-160; 107 Stat. 1880),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2102, 2201,
2301, or 2601 of that Act, shall remain in effect until
October 1, 1997, or the date of the enactment of an Act
authorizing
[[Page 2018]]
funds for military construction for fiscal year 1998,
whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Jersey.............................. Picatinny Arsenal......... Advance Warhead $4,400,000
Development Facility.....
North Carolina.......................... Fort Bragg................ Land Acquisition.......... $15,000,000
Wisconsin............................... Fort McCoy................ Family Housing $2,950,000
Construction (16 units)..
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or Location Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton Marine Sewage Facility........... $7,930,000
Corps Base...............
Connecticut............................. New London Naval Submarine Hazardous Waste Transfer $1,450,000
Base..................... Facility.................
New Jersey.............................. Earle Naval Weapons Explosives Holding Yard... $1,290,000
Station..................
Virginia................................ Oceana Naval Air Station.. Jet Engine Test Cell $5,300,000
Replacement..............
Various Locations....................... Various Locations......... Land Acquisition Inside $540,000
the United States........
Various Locations....................... Various Locations......... Land Acquisition Outside $800,000
the United States........
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base.... Upgrade Water Treatment $3,750,000
Plant....................
Elmendorf Air Force Base.. Corrosion Control Facility $5,975,000
California.............................. Beale Air Force Base...... Educational Center........ $3,150,000
Florida................................. Tyndall Air Force Base.... Base Supply Logistics $2,600,000
Center...................
Mississippi............................. Keesler Air Force Base.... Upgrade Student Dormitory. $4,500,000
North Carolina.......................... Pope Air Force Base....... Add To and Alter $4,300,000
Dormitories..............
Virginia................................ Langley Air Force Base.... Fire Station.............. $3,850,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1994 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Birmingham................ Aviation Support Facility. $4,907,000
Arizona................................. Marana.................... Organizational Maintenance $553,000
Shop.....................
Marana.................... Dormitory/Dining Facility. $2,919,000
California.............................. Fresno.................... Organizational Maintenance $905,000
Shop Modification........
Van Nuys.................. Armory Addition........... $6,518,000
New Mexico.............................. White Sands Missile Range. Organizational Maintenance $2,940,000
Shop.....................
Tactical Site............. $1,995,000
MATES..................... $3,570,000
Pennsylvania............................ Indiantown Gap............ State Military Building... $9,200,000
Johnstown................. Armory Addition/Flight $5,004,000
Facility.................
Johnstown................. Armory.................... $3,000,000
South Carolina.......................... Summerville............... Organizational Maintenance $834,000
Shop.....................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1993 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1993
(division B of Public Law 102-484; 106 Stat. 2602),
authorizations for the projects set forth in the tables in
subsection (b), as provided in section 2101, 2301, or 1601 of
that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 541), shall remain in
effect until October 1, 1997, or the date of the enactment of
an Act authorizing funds for military construction for fiscal
year 1998, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas................................ Pine Bluff Arsenal........ Ammunition $15,000,000
Demilitarization Support
Facility.................
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorization
----------------------------------------------------------------------------------------------------------------
Country Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal................................ Lajes Field............... Water Wells............... $865,000
----------------------------------------------------------------------------------------------------------------
[[Page 2019]]
Army National Guard: Extension of 1993 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Tuscaloosa................ Armory.................... $2,273,000
Union Springs............. Armory.................... $813,000
New Mexico.............................. Clayton................... Armory.................... $1,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1992 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1992
(division B of Public Law 102-190; 105 Stat. 1535),
authorizations for the projects set forth in the table in
subsection (b), as provided in section 2201 of that Act and
extended by section 2702(a) of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public
Law 103-337; 108 Stat. 3047) and section 2703(a) of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 543), shall
remain in effect until October 1, 1997, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 1998, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 1992 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Oregon.................................. Umatilla Army Depot....... Ammunition $3,600,000
Demilitarization Support
Facility.................
Umatilla Army Depot....... Ammunition $7,500,000
Demilitarization
Utilities................
----------------------------------------------------------------------------------------------------------------
SEC. 2705. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1996; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in certain thresholds for unspecified minor
construction projects.
Sec. 2802. Redesignation of North Atlantic Treaty Organization
Infrastructure program.
Sec. 2803. Improvements to family housing units.
Sec. 2804. Availability of funds for planning, execution, and
administration of contracts for family housing and
unaccompanied housing.
Subtitle B--Defense Base Closure and Realignment
Sec. 2811. Restoration of authority for certain intragovernment
transfers under 1988 base closure law.
Sec. 2812. Contracting for certain services at facilities remaining on
closed installations.
Sec. 2813. Authority to compensate owners of manufactured housing.
Sec. 2814. Additional purpose for which adjustment and diversification
assistance is authorized.
Sec. 2815. Payment of stipulated penalties assessed under CERCLA in
connection with Loring Air Force Base, Maine.
Sec. 2816. Plan for utilization, reutilization, or disposal of
Mississippi Army Ammunition Plant.
Subtitle C--Land Conveyances
Part I--Army Conveyances
Sec. 2821. Transfer of lands, Arlington National Cemetery, Arlington,
Virginia.
Sec. 2822. Land transfer, Fort Sill, Oklahoma.
Sec. 2823. Land conveyance, Army Reserve Center, Rushville, Indiana.
Sec. 2824. Land conveyance, Army Reserve Center, Anderson, South
Carolina.
Sec. 2825. Land conveyance, Army Reserve Center, Montpelier, Vermont.
Sec. 2826. Land conveyance, Crafts Brothers Reserve Training Center,
Manchester, New Hampshire.
Sec. 2827. Land conveyance, Pine Bluff Arsenal, Arkansas.
Sec. 2828. Reaffirmation of land conveyances, Fort Sheridan, Illinois.
Part II--Navy Conveyances
Sec. 2831. Land transfer, Potomac Annex, District of Columbia.
Sec. 2832. Land exchange, St. Helena Annex, Norfolk Naval Shipyard,
Virginia.
Sec. 2833. Land conveyance, Calverton Pine Barrens, Naval Weapons
Industrial Reserve Plant, Calverton, New York.
Sec. 2834. Land conveyance, former naval reserve facility, Lewes,
Delaware.
Sec. 2835. Modification of land conveyance authority, Naval Reserve
Center, Seattle, Washington.
Sec. 2836. Release of condition on reconveyance of transferred land,
Guam.
Sec. 2837. Lease to facilitate construction of reserve center, Naval
Air Station, Meridian, Mississippi.
Part III--Air Force Conveyances
Sec. 2841. Land conveyance, Radar Bomb Scoring Site, Belle Fourche,
South Dakota.
Sec. 2842. Conveyance of primate research complex and Air Force-owned
chimpanzees, Holloman Air Force Base, New Mexico.
Part IV--Other Conveyances
Sec. 2851. Land conveyance, Tatum Salt Dome Test Site, Mississippi.
Sec. 2852. Land conveyance, William Langer Jewel Bearing Plant, Rolla,
North Dakota.
Sec. 2853. Land conveyance, Air Force Plant No. 85, Columbus, Ohio.
Sec. 2854. Modification of boundaries of White Sands National Monument
and White Sands Missile Range.
Subtitle D--Other Matters
Sec. 2861. Authority to grant easements for rights-of-way.
Sec. 2862. Authority to enter into cooperative agreements for the
management of cultural resources on military
installations.
Sec. 2863. Demonstration project for installation and operation of
electric power distribution system at Youngstown Air
Reserve Station, Ohio.
Sec. 2864. Renovation of the Pentagon reservation.
Sec. 2865. Plan for repairs and stabilization of the historic district
at the Forest Glen Annex of Walter Reed Medical Center,
Maryland.
Sec. 2866. Naming of range at Camp Shelby, Mississippi.
Sec. 2867. Designation of Michael O'Callaghan military hospital.
Sec. 2868. Naming of building at the Uniformed Services University of
the Health Sciences.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN CERTAIN THRESHOLDS FOR UNSPECIFIED
MINOR CONSTRUCTION PROJECTS.
(a) O&M Funding for Projects.--Section 2805(c)(1)(B) of
title 10, United States Code, is amended by striking out
``$300,000'' and inserting in lieu thereof ``$500,000''.
(b) O&M Funding for Reserve Component Facilities.--
Subsection (b) of section 18233a of such title is amended by
striking out ``$300,000'' and inserting in lieu thereof
``$500,000''.
(c) Notification for Expenditures and Contributions for
Reserve Component Facilities.--Subsection (a)(1) of such
section 18233a is amended by striking out ``$400,000'' and
inserting in lieu thereof ``$1,500,000''.
SEC. 2802. REDESIGNATION OF NORTH ATLANTIC TREATY
ORGANIZATION INFRASTRUCTURE PROGRAM.
(a) Redesignation.--Subsection (b) of section 2806 of title
10, United States Code, is amended by striking out ``North
Atlantic Treaty Organization Infrastructure program'' and
inserting in lieu thereof ``North Atlantic Treaty
Organization Security Investment program''.
(b) References.--Any reference to the North Atlantic Treaty
Organization Infrastructure program in any Federal law,
Executive order, regulation, delegation of authority, or
document of or pertaining to the Department of Defense shall
be deemed to refer to the North Atlantic Treaty Organization
Security Investment program.
(c) Clerical Amendments.--(1) The section heading of such
section is amended to read as follows:
``Sec. 2806. Contributions for North Atlantic Treaty
Organizations Security Investment''.
(2) The table of sections at the beginning of subchapter I
of chapter 169 of title 10, United States Code, is amended by
striking out the item relating to section 2806 and inserting
in lieu thereof the following new item:
``2806. Contributions for North Atlantic Treaty Organizations Security
Investment.''.
(d) Conforming Amendments.--(1) Section 2861(b)(3) of title
10, United States Code, is amended by striking out ``North
Atlantic Treaty Organization Infrastructure program'' and
inserting in lieu thereof ``North Atlantic Treaty
Organization Security Investment program''.
[[Page 2020]]
(2) Section 21(h)(1)(B) of the Arms Export Control Act (22
U.S.C. 2761(h)(1)(B)) is amended by striking out ``North
Atlantic Treaty Organization Infrastructure Program'' and
inserting in lieu thereof ``North Atlantic Treaty
Organization Security Investment program''.
SEC. 2803. IMPROVEMENTS TO FAMILY HOUSING UNITS.
(a) Authorized Improvements.--Subsection (a)(2) of section
2825 of title 10, United States Code, is amended--
(1) by inserting ``major'' before ``maintenance''; and
(2) by adding at the end the following: ``Such term does
not include day-to-day maintenance and repair work.''.
(b) Limitation.--Subsection (b) of such section is amended
by striking out paragraph (2) and inserting in lieu thereof
the following new paragraph:
``(2) In determining the applicability of the limitation
contained in paragraph (1), the Secretary concerned shall
include as part of the cost of the improvement of the unit or
units concerned the following:
``(A) The cost of major maintenance or repair work
undertaken in connection with the improvement.
``(B) Any cost, other than the cost of activities
undertaken beyond a distance of five feet from the unit or
units concerned, in connection with--
``(i) the furnishing of electricity, gas, water, and sewage
disposal;
``(ii) the construction or repair of roads, drives, and
walks; and
``(iii) grading and drainage work.''.
SEC. 2804. AVAILABILITY OF FUNDS FOR PLANNING, EXECUTION, AND
ADMINISTRATION OF CONTRACTS FOR FAMILY HOUSING
AND UNACCOMPANIED HOUSING.
(a) Contracts for Family Housing.--Paragraph (1) of section
2883(d) of title 10, United States Code, is amended by adding
at the end the following: ``The Secretary may also use for
expenses of activities required in connection with the
planning, execution, and administration of such contracts
funds that are otherwise available to the Department of
Defense for such types of expenses.''.
(b) Contracts for Unaccompanied Housing.--Paragraph (2) of
such section is amended by adding at the end the following:
``The Secretary may also use for expenses of activities
required in connection with the planning, execution, and
administration of such contracts funds that are otherwise
available to the Department of Defense for such types of
expenses.''.
Subtitle B--Defense Base Closure and Realignment
SEC. 2811. RESTORATION OF AUTHORITY FOR CERTAIN
INTRAGOVERNMENT TRANSFERS UNDER 1988 BASE
CLOSURE LAW.
Section 204(b)(2) of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note), is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The Secretary of Defense may transfer real property
or facilities located at a military installation to be closed
or realigned under this title, with or without reimbursement,
to a military department or other entity (including a
nonappropriated fund instrumentality) within the Department
of Defense or the Coast Guard.''.
SEC. 2812. CONTRACTING FOR CERTAIN SERVICES AT FACILITIES
REMAINING ON CLOSED INSTALLATIONS.
(a) 1988 Law.--Section 204(b)(8)(A) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
inserting ``, or at facilities not yet transferred or
otherwise disposed of in the case of installations closed
under this title,'' after ``under this title''.
(b) 1990 Law.--Section 2905(b)(8)(A) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by
inserting ``, or at facilities not yet transferred or
otherwise disposed of in the case of installations closed
under this part,'' after ``under this part''.
SEC. 2813. AUTHORITY TO COMPENSATE OWNERS OF MANUFACTURED
HOUSING.
(a) 1988 Law.--Section 204 of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100-526; 10 U.S.C. 2687 note), is amended by adding at the
end the following new subsection:
``(f) Acquisition of Manufactured Housing.--(1) In closing
or realigning any military installation under this title, the
Secretary may purchase any or all right, title, and interest
of a member of the Armed Forces and any spouse of the member
in manufactured housing located at a manufactured housing
park established at an installation closed or realigned under
this title, or make a payment to the member to relocate the
manufactured housing to a suitable new site, if the Secretary
determines that--
``(A) it is in the best interests of the Federal Government
to eliminate or relocate the manufactured housing park; and
``(B) the elimination or relocation of the manufactured
housing park would result in an unreasonable financial
hardship to the owners of the manufactured housing.
``(2) Any payment made under this subsection shall not
exceed 90 percent of the purchase price of the manufactured
housing, as paid by the member or any spouse of the member,
plus the cost of any permanent improvements subsequently made
to the manufactured housing by the member or spouse of the
member.
``(3) The Secretary shall dispose of manufactured housing
acquired under this subsection through resale, donation,
trade or otherwise within one year of acquisition.''.
(b) 1990 Law.--Section 2905 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), is amended by adding at the
end the following new subsection:
``(g) Acquisition of Manufactured Housing.--(1) In closing
or realigning any military installation under this part, the
Secretary may purchase any or all right, title, and interest
of a member of the Armed Forces and any spouse of the member
in manufactured housing located at a manufactured housing
park established at an installation closed or realigned under
this part, or make a payment to the member to relocate the
manufactured housing to a suitable new site, if the Secretary
determines that--
``(A) it is in the best interests of the Federal Government
to eliminate or relocate the manufactured housing park; and
``(B) the elimination or relocation of the manufactured
housing park would result in an unreasonable financial
hardship to the owners of the manufactured housing.
``(2) Any payment made under this subsection shall not
exceed 90 percent of the purchase price of the manufactured
housing, as paid by the member or any spouse of the member,
plus the cost of any permanent improvements subsequently made
to the manufactured housing by the member or spouse of the
member.
``(3) The Secretary shall dispose of manufactured housing
acquired under this subsection through resale, donation,
trade or otherwise within one year of acquisition.''.
SEC. 2814. ADDITIONAL PURPOSE FOR WHICH ADJUSTMENT AND
DIVERSIFICATION ASSISTANCE IS AUTHORIZED.
Section 2391(b)(5) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(5)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary of Defense may also make grants,
conclude cooperative agreements, and supplement other Federal
funds in order to assist a State in enhancing its
capacities--
``(i) to assist communities, businesses, and workers
adversely affected by an action described in paragraph (1);
``(ii) to support local adjustment and diversification
initiatives; and
``(iii) to stimulate cooperation between statewide and
local adjustment and diversification efforts.''.
SEC. 2815. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER
CERCLA IN CONNECTION WITH LORING AIR FORCE
BASE, MAINE.
From amounts in the Department of Defense Base Closure
Account 1990 established by section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the
Secretary of Defense may expend not more than $50,000 to pay
stipulated civil penalties assessed under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) against Loring Air Force Base,
Maine.
SEC. 2816. PLAN FOR UTILIZATION, REUTILIZATION, OR DISPOSAL
OF MISSISSIPPI ARMY AMMUNITION PLANT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a plan for the utilization,
reutilization, or disposal of the Mississippi Army Ammunition
Plant, Hancock County, Mississippi.
Subtitle C--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2821. TRANSFER OF LANDS, ARLINGTON NATIONAL CEMETERY,
ARLINGTON, VIRGINIA.
(a) Requirement for Secretary of Interior To Transfer
Certain Section 29 Lands.--(1) Subject to paragraph (2), the
Secretary of the Interior shall transfer to the Secretary of
the Army administrative jurisdiction over the following lands
located in section 29 of the National Park System at
Arlington National Cemetery, Virginia:
(A) The lands known as the Arlington National Cemetery
Interment Zone.
(B) All lands in the Robert E. Lee Memorial Preservation
Zone, other than those lands in the Preservation Zone that
the Secretary of the Interior determines must be retained
because of the historical significance of such lands or for
the maintenance of nearby lands or facilities.
(2)(A) The Secretary of the Interior may not make the
transfer referred to in paragraph (1)(B) until 60 days after
the date on which the Secretary submits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives--
(i) a summary of the document entitled ``Cultural Landscape
and Archaeological Study, Section 29, Arlington House, The
Robert E. Lee Memorial'';
(ii) a summary of any environmental analysis required with
respect to the transfer under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(iii) an accounting of the effect of the transfer that
satisfies the requirements of section 106 of the National
Historic Preservation Act (16 U.S.C. 470f); and
[[Page 2021]]
(iv) the proposal of the Secretary and the Secretary of the
Army setting forth the lands to be transferred and the
general manner in which the Secretary of the Army will
develop such lands after transfer.
(B) The Secretary of the Interior shall submit the
information required under subparagraph (A) not later than
October 31, 1997.
(3) The transfer of lands under paragraph (1) shall be
carried out in accordance with the Interagency Agreement
Between the Department of the Interior, the National Park
Service, and the Department of the Army, dated February 22,
1995.
(4) The exact acreage and legal descriptions of the lands
to be transferred under paragraph (1) shall be determined by
surveys satisfactory to the Secretary of the Interior and the
Secretary of the Army.
(b) Requirement for Additional Transfers.--(1) The
Secretary of the Interior shall transfer to the Secretary of
the Army administrative jurisdiction over a parcel of land,
including any improvements thereon, consisting of
approximately 2.43 acres, located in the Memorial Drive
entrance area to Arlington National Cemetery.
(2)(A) The Secretary of the Army shall transfer to the
Secretary of the Interior administrative jurisdiction over a
parcel of land, including any improvements thereon,
consisting of approximately 0.17 acres, located at Arlington
National Cemetery, and known as the Old Administrative
Building site. The site is part of the original reservation
of Arlington National Cemetery.
(B) In connection with the transfer under subparagraph (A),
the Secretary of the Army shall grant to the Secretary of the
Interior a perpetual right of ingress and egress to the
parcel transferred under that subparagraph.
(3) The exact acreage and legal descriptions of the lands
to be transferred pursuant to this subsection shall be
determined by surveys satisfactory to the Secretary of the
Interior and the Secretary of the Army. The costs of such
surveys shall be borne by the Secretary of the Army.
SEC. 2822. LAND TRANSFER, FORT SILL, OKLAHOMA.
(a) Transfer of Land for National Cemetery.--The Secretary
of the Army may transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property, including any improvements
thereon, consisting of approximately 400 acres and comprising
a portion of Fort Sill, Oklahoma.
(b) Use of Property.--The Secretary of Veterans Affairs
shall use the real property transferred under subsection (a)
as a national cemetery under chapter 24 of title 38, United
States Code.
(c) Return of Unused Portion.--If the Secretary of Veterans
Affairs determines that any portion of the real property
transferred under subsection (a) is not needed for use as a
national cemetery, the Secretary shall return such portion to
the administrative jurisdiction of the Secretary of the Army.
(d) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne
by the Secretary of Veterans Affairs.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE CENTER, RUSHVILLE,
INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Rushville,
Indiana (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of excess real property, including improvements
thereon, that is located in Rushville, Indiana, and contains
the Rushville Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the City retain the conveyed property for the use and benefit
of the Rushville Police Department.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2824. LAND CONVEYANCE, ARMY RESERVE CENTER, ANDERSON,
SOUTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the County of Anderson,
South Carolina (in this section referred to as the
``County''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, that is located at 805 East Whitner
Street in Anderson, South Carolina, and contains an Army
Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the County retain the conveyed property for the use and
benefit of the Anderson County Department of Education.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2825. LAND CONVEYANCE, ARMY RESERVE CENTER, MONTPELIER,
VERMONT.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Montpelier,
Vermont (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 4.3 acres and located on Route 2
in Montpelier, Vermont, the site of the Army Reserve Center,
Montpelier, Vermont.
(b) Condition.--The conveyance authorized under subsection
(a) shall be subject to the condition that the City agree to
lease to the Civil Air Patrol, at no rental charge to the
Civil Air Patrol, the portion of the real property and
improvements located on the parcel to be conveyed that the
Civil Air Patrol leases from the Secretary as of the date of
the enactment of this Act.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2826. LAND CONVEYANCE, CRAFTS BROTHERS RESERVE TRAINING
CENTER, MANCHESTER, NEW HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Saint Anselm College,
Manchester, New Hampshire, all right, title, and interest of
the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately
3.5 acres and located on Rockland Avenue in Manchester, New
Hampshire, the site of the Crafts Brothers Reserve Training
Center.
(b) Requirement Relating to Conveyance.--The Secretary may
not make the conveyance authorized by subsection (a) until
the Army Reserve units currently housed at the Crafts
Brothers Reserve Training Center are relocated to the Joint
Service Reserve Center to be constructed at the Manchester
Airport, New Hampshire.
(c) Requirement for Federal Screening of Property.--The
Secretary may not carry out the conveyance of property
authorized by subsection (a) unless the Secretary determines
that no department or agency of the Federal Government will
accept the transfer of the property.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2827. LAND CONVEYANCE, PINE BLUFF ARSENAL, ARKANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Economic Development
Alliance of Jefferson County, Arkansas (in this section
referred to as the ``Alliance''), all right, title, and
interest of the United States in and to a parcel of real
property, together with any improvements thereon, consisting
of approximately 1,500 acres and comprising a portion of the
Pine Bluff Arsenal, Arkansas.
(b) Requirements Relating to Conveyance.--The Secretary may
not carry out the conveyance of property authorized under
subsection (a) until--
(1) the completion by the Secretary of any environmental
restoration and remediation that is required with the respect
to the property under applicable law;
(2) the Secretary secures all permits required under law
applicable regarding the conduct of the proposed chemical
demilitarization mission at the arsenal; and
(3) the Secretary of Defense submits to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives a certification that
the conveyance will not adversely affect the ability of the
Department of Defense to conduct that chemical
demilitarization mission.
(c) Conditions of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the following
conditions:
(1) That the Alliance agree not to carry out any activities
on the property to be conveyed that interfere with the
construction, operation, and decommissioning of the chemical
demilitarization facility to be constructed at Pine Bluff
Arsenal. If the Alliance fails to comply with its agreement
in paragraph (1) the property conveyed under this section,
all rights, title, and interest in and to the property shall
revert to the United States, and the United States shall have
immediate rights of entry thereon.
(2) That the property be used during the 25-year period
beginning on the date of the conveyance only as the site of
the facility known as the ``Bioplex'', and for activities
related thereto.
(d) Costs of Conveyance.--The Alliance shall be responsible
for any costs of the
[[Page 2022]]
Army associated with the conveyance of property under this
section, including administrative costs, the costs of an
environmental baseline survey with respect to the property,
and the cost of any protection services required by the
Secretary in order to secure operations of the chemical
demilitarization facility from activities on the property
after the conveyance.
(e) Reversionary Interests.--If the Secretary determines at
any time during the 25-year period referred to in subsection
(c)(2) that the property conveyed under this section is not
being used in accordance with that subsection, all right,
title, and interest in and to the property shall revert to
the United States, and the United States shall have immediate
right of entry thereon.
(f) Sale of Property by Alliance.--If at any time during
the 25-year period referred to in subsection (c)(2) the
Alliance sells all or a portion of the property conveyed
under this section, the Alliance shall pay the United States
an amount equal to the lesser of--
(1) the amount of the sale of the property sold; or
(2) the fair market value of the property sold at the time
of the sale, excluding the value of any improvements to the
property sold that have been made by the Alliance.
(g) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Alliance.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2828. REAFFIRMATION OF LAND CONVEYANCES, FORT SHERIDAN,
ILLINOIS.
As soon as practicable after the date of the enactment of
this Act, the Secretary of the Army shall complete the land
conveyances involving Fort Sheridan, Illinois, required or
authorized under section 125 of the Military Construction
Appropriations Act, 1996 (Public Law 104-32; 109 Stat. 290).
PART II--NAVY CONVEYANCES
SEC. 2831. LAND TRANSFER, POTOMAC ANNEX, DISTRICT OF
COLUMBIA.
(a) Transfer Authorized.--The Secretary of the Navy may
transfer, without consideration other than the reimbursement
provided for in subsection (d), to the United States
Institute of Peace (in this section referred to as the
``Institute'') administrative jurisdiction over a parcel of
real property, including any improvements thereon, consisting
of approximately 3 acres, at the northwest corner of Twenty-
third Street and Constitution Avenue, Northwest, District of
Columbia, the site of the Potomac Annex.
(b) Condition.--The Secretary may not make the transfer
specified in subsection (a) unless the Institute agrees to
provide the Navy a number of parking spaces at or in the
vicinity of the headquarters to be constructed on the parcel
transferred equal to the number of parking spaces available
to the Navy on the parcel as of the date of the transfer.
(c) Requirement Relating to Transfer.--The transfer
specified in subsection (a) may not occur until the Institute
obtains all permits, approvals, and site plan reviews
required by law with respect to the construction on the
parcel of a headquarters for operations of the Institute.
(d) Costs.--The Institute shall reimburse the Secretary for
the costs incurred by the Secretary in carrying out the
transfer specified in subsection (a).
(e) Description of Property.--The exact acreage and legal
description of the property to be transferred under
subsection (a) shall be determined by a survey that is
satisfactory to the Secretary. The cost of the survey shall
be borne by the Institute.
SEC. 2832. LAND EXCHANGE, ST. HELENA ANNEX, NORFOLK NAVAL
SHIPYARD, VIRGINIA.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey to such private person as the Secretary considers
appropriate (in this section referred to as the
``transferee'') all right, title, and interest of the United
States in and to a parcel of real property that is located at
the Norfolk Naval Shipyard, Virginia, and, as of the date of
the enactment of this Act, is a portion of the property
leased to the Norfolk Shipbuilding and Drydock Company
pursuant to the Department of the Navy lease N00024-84-L-
0004, effective October 1, 1984, as extended.
(2) Pending completion of the conveyance authorized by
paragraph (1), the Secretary may lease the real property to
the transferee upon such terms as the Secretary considers
appropriate.
(b) Consideration.--As consideration for the conveyance
under subsection (a), including any interim lease authorized
by such subsection, the transferee shall--
(1) convey to the United States all right, title, and
interest to a parcel or parcels of real property, together
with any improvements thereon, located in the area of
Portsmouth, Virginia, which are determined to be acceptable
to the Secretary; and
(2) pay to the Secretary an amount equal to the amount, if
any, by which the fair market value of the parcel conveyed by
the Secretary under subsection (a) exceeds the fair market
value of the parcel conveyed to the United States under
paragraph (1).
(c) Use of Rental Amounts.--The Secretary may use the
amounts received as rent from any lease entered into under
the authority of subsection (a)(2) to fund environmental
studies of the parcels of real property to be conveyed under
this section.
(d) In-Kind Consideration.--The Secretary and the
transferee may agree that, in lieu of all or any part of the
consideration required by subsection (b)(2), the transferee
may provide and the Secretary may accept the improvement,
maintenance, protection, repair, or restoration of real
property under the control of the Secretary in the area of
Hampton Roads, Virginia.
(e) Determination of Fair Market Value and Property
Description.--The Secretary shall determine the fair market
value of the parcels of real property to be conveyed under
subsections (a) and (b)(1). The exact acreage and legal
description of the parcels shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the transferee.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyances under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2833. LAND CONVEYANCE, CALVERTON PINE BARRENS, NAVAL
WEAPONS INDUSTRIAL RESERVE PLANT, CALVERTON,
NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the Department of
Environmental Conservation of the State of New York (in this
section referred to as the ``Department''), all right, title,
and interest of the United States in and to the Calverton
Pine Barrens located at the Naval Weapons Industrial Reserve
Plant, Calverton, New York.
(b) Effect on Other Conveyance Authority.--The conveyance
authorized by this subsection shall not affect the transfer
of jurisdiction of a portion of the Calverton Pine Barrens
authorized by section 2865 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106; 110 Stat. 576).
(c) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
Department agree--
(1) to maintain the conveyed property as a nature preserve,
as required by section 2854 of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2626), as amended by section 2823 of
the Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103-337; 108 Stat. 3058);
(2) to designate the conveyed property as the ``Otis G.
Pike Preserve''; and
(3) to continue to allow the level of sporting activities
on the conveyed property as permitted at the time of the
conveyance.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Department.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(f) Calverton Pine Barrens Defined.--In this section, the
term ``Calverton Pine Barrens'' has the meaning given that
term in section 2854(d)(1) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2626).
SEC. 2834. LAND CONVEYANCE, FORMER NAVAL RESERVE FACILITY,
LEWES, DELAWARE.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the State of Delaware (in
this section referred to as the ``State''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 16.8 acres at the site of the former Naval
Reserve Facility, Lewes, Delaware.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
State use the real property conveyed under that subsection in
perpetuity solely for public park or recreational purposes.
(c) Reversion.--If the Secretary of the Navy determines at
any time that the real property conveyed pursuant to this
section is not being used for a purpose specified in
subsection (b), all right, title, and interest in and to such
real property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry thereon.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed pursuant to
this section shall be determined by a survey satisfactory to
the Secretary of the Navy. The cost of such survey shall be
borne by the State.
(e) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2835. MODIFICATION OF LAND CONVEYANCE AUTHORITY, NAVAL
RESERVE CENTER, SEATTLE, WASHINGTON.
Paragraph (2) of section 127(d) of the Military
Construction Appropriations Act, 1995 (Public Law 103-307;
108 Stat. 1666), is amended to read as follows:
``(2) Before commencing construction of a facility to be
the replacement facility for the
[[Page 2023]]
Naval Reserve Center under paragraph (1), the Secretary shall
comply with the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
such facility.''.
SEC. 2836. RELEASE OF CONDITION ON RECONVEYANCE OF
TRANSFERRED LAND, GUAM.
(a) In General.--Section 818(b)(2) of the Military
Construction Authorization Act, 1981 (Public Law 96-418; 94
Stat. 1782), relating to a condition on disposal by Guam of
lands conveyed to Guam by the United States, shall have no
force or effect and is repealed.
(b) Execution of Instruments.--The Secretary of the Navy
and the Administrator of General Services shall execute all
instruments necessary to implement this section.
SEC. 2837. LEASE TO FACILITATE CONSTRUCTION OF RESERVE
CENTER, NAVAL AIR STATION, MERIDIAN,
MISSISSIPPI.
(a) Lease of Property for Construction of Reserve Center.--
(1) The Secretary of the Navy may lease, without
reimbursement, to the State of Mississippi (in this section
referred to as the ``State''), approximately five acres of
real property located at Naval Air Station, Meridian,
Mississippi. The State shall use the property to construct a
reserve center of approximately 22,000 square feet and
ancillary supporting facilities.
(2) The term of the lease under this subsection shall
expire on the same date that the lease authorized by
subsection (b) expires.
(b) Leaseback of Reserve Center.--(1) The Secretary may
lease from the State the property and improvements
constructed pursuant to subsection (a) for a five-year
period. The term of the lease shall begin on the date on
which the improvements are available for occupancy, as
determined by the Secretary.
(2) Rental payments under the lease under paragraph (1) may
not exceed $200,000 per year, and the total amount of the
rental payments for the entire period may not exceed 20
percent of the total cost of constructing the reserve center
and ancillary supporting facilities.
(3) Subject to the availability of appropriations for this
purpose, the Secretary may use funds appropriated pursuant to
an authorization of appropriations for the operation and
maintenance of the Naval Reserve to make rental payments
required under this subsection.
(c) Effect of Termination of Leases.--At the end of the
lease term under subsection (b), the State shall convey,
without reimbursement, to the United States all right, title,
and interest of the State in the reserve center and ancillary
supporting facilities subject to the lease.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the leases under this section as the Secretary considers
appropriate to protect the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2841. LAND CONVEYANCE, RADAR BOMB SCORING SITE, BELLE
FOURCHE, SOUTH DAKOTA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Belle Fourche
School District, Belle Fourche, South Dakota (in this section
referred to as the ``District''), all right, title, and
interest of the United States in and to a parcel of real
property, together with any improvements thereon, consisting
of approximately 37 acres located in Belle Fourche, South
Dakota, which has served as the location of a support complex
and housing facilities for Detachment 21 of the 554th Range
Squadron, an Air Force Radar Bomb Scoring Site located in
Belle Fourche, South Dakota. The conveyance may not include
any portion of the radar bomb scoring site located in the
State of Wyoming.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the District--
(1) use the property and facilities conveyed under such
subsection for education, economic development, and housing
purposes; or
(2) enter into an agreement with an appropriate public or
private entity to sell or lease the property and facilities
to such entity for such purposes.
(c) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the District.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2842. CONVEYANCE OF PRIMATE RESEARCH COMPLEX AND AIR
FORCE-OWNED CHIMPANZEES, HOLLOMAN AIR FORCE
BASE, NEW MEXICO.
(a) Disposal Authorized.--Notwithstanding any provision of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.), or any regulations prescribed
thereunder, the Secretary of the Air Force may dispose of all
right, title, and interest of the United States in and to the
primate research complex at Holloman Air Force Base, New
Mexico. The disposal may include the chimpanzees owned by the
Air Force that are housed at or managed from the primate
research complex. The disposal shall not include the
underlying real property on which the primate research
complex is located. The disposal of the primate research
complex shall be at no cost to the Air Force.
(b) Competitive, Negotiated Disposal Process Required.--The
Secretary shall select the persons or entities to which the
primate research complex and chimpanzees are to be disposed
of under subsection (a) using a competitive, negotiated
process.
(c) Standards To Be Used in Solicitation of Bids.--The
Secretary shall develop standards for the care and use of the
primate research complex, and of the chimpanzees, to be used
in soliciting bids for the disposal authorized by subsection
(a). The Secretary shall develop such standards in
consultation with the Secretary of Agriculture and the
Director of the National Institutes of Health.
(d) Conditions of Disposal.--The disposal authorized by
subsection (a) shall be subject to the followings conditions:
(1) That a recipient of any chimpanzees--
(A) utilize such chimpanzees only for scientific research
or medical research purposes; or
(B) retire and provide adequate care for such chimpanzees.
(2) That any recipient of chimpanzees, or the primate
research complex, take such chimpanzees, or the primate
research complex, subject to any existing leases or other
encumbrances at the time of the disposal.
(e) Description of Complex and Chimpanzees.--The exact
legal description of the primate research complex and
chimpanzees to be disposed of under subsection (a) shall be
determined by a survey or other means satisfactory to the
Secretary. The cost of any survey or other services performed
at the direction of the Secretary under the authority in the
preceding sentence shall be borne by the recipient of the
property concerned.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the disposal under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
PART IV--OTHER CONVEYANCES
SEC. 2851. LAND CONVEYANCE, TATUM SALT DOME TEST SITE,
MISSISSIPPI.
(a) Conveyance Authorized.--The Secretary of Energy may
convey, without compensation, to the State of Mississippi (in
this section referred to as the ``State'') the property known
as the Tatum Salt Dome Test Site, as generally depicted on
the map of the Department of Energy numbered 301913.104.02
and dated June 25, 1993.
(b) Condition on Conveyance.--The conveyance under this
section shall be subject to the condition that the State use
the conveyed property as a wildlife refuge and working
demonstration forest.
(c) Designation.--The property to be conveyed is hereby
designated as the ``Jamie Whitten Forest Management Area''.
(d) Retained Rights.--The conveyance under this section
shall be subject to each of the following rights to be
retained by the United States:
(1) Retention by the United States of subsurface estates
below the property conveyed.
(2) Retention by the United States of rights of access, by
easement or otherwise, for such purposes as the Secretary
considers appropriate, including access to monitoring wells
for sampling.
(3) Retention by the United States of the right to install
wells additional to those identified in the remediation plan
for the property to the extent such additional wells are
considered necessary by the Secretary to monitor potential
pathways of contaminant migration. Such wells shall be in
such locations as specified by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2852. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING
PLANT, ROLLA, NORTH DAKOTA.
(a) Conveyance Authorized.--The Administrator of General
Services may convey, without consideration, to the Job
Development Authority of the City of Rolla, North Dakota (in
this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to a parcel
of real property, with improvements thereon and all
associated personal property, consisting of approximately
9.77 acres and comprising the William Langer Jewel Bearing
Plant in Rolla, North Dakota.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority--
(1) use the real and personal property and improvements
conveyed under that subsection for economic development
relating to the jewel bearing plant;
(2) enter into an agreement with an appropriate public or
private entity or person to lease such property and
improvements to that entity or person for such economic
development; or
(3) enter into an agreement with an appropriate public or
private entity or person to sell such property and
improvements to that entity or person for such economic
development.
(c) Preference for Domestic Disposal of Jewel Bearings.--
(1) In offering to enter into agreements pursuant to any
provision of law for the disposal of jewel bearings from the
National Defense Stockpile, the President shall give a right
of first refusal on all such offers to the Authority or to
the appro
[[Page 2024]]
priate public or private entity or person with which the
Authority enters into an agreement under subsection (b).
(2) For the purposes of this section, the term ``National
Defense Stockpile'' means the stockpile provided for in
section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98(c)).
(d) Availability of Funds for Maintenance and Conveyance of
Plant.--Notwithstanding any other provision of law, funds
available under the Department of Defense Appropriations Act,
1995 (Public Law 103-335), in fiscal year 1995 for the
maintenance of the William Langer Jewel Bearing Plant shall
be available for the maintenance of the plant pending the
conveyance of the plant and for the conveyance of the plant
under this section.
(e) Description of Property.--The exact acreage and legal
description of the property conveyed under this section shall
be determined by a survey satisfactory to the Administrator.
The cost of the survey shall be borne by the Administrator.
(f) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection
with the conveyance under this section as the Administrator
determines appropriate to protect the interests of the United
States.
SEC. 2853. LAND CONVEYANCE, AIR FORCE PLANT NO. 85, COLUMBUS,
OHIO.
(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Secretary of the Air Force may instruct
the Administrator of General Services to convey, without
consideration, to the Columbus Municipal Airport Authority
(in this section referred to as the ``Authority'') all right,
title, and interest of the United States in and to a parcel
of real property, together with improvements thereon, at Air
Force Plant No. 85, Columbus, Ohio, consisting of
approximately 240 acres that--
(1) contains the land and buildings referred to as the
``airport parcel'' in the correspondence from the General
Services Administration to the Authority dated April 30,
1996; and
(2) is located adjacent to the Port Columbus International
Airport.
(b) Effect of Change in Administrative Jurisdiction.--If,
on the date of the enactment of this Act, the Secretary of
the Air Force does not have administrative jurisdiction over
the property to be conveyed, the conveyance shall be made by
the Federal official who has administrative jurisdiction over
the parcel as of that date.
(c) Requirement for Federal Screening.--The Federal
official responsible for making the conveyance authorized in
subsection (a) may not convey the property unless the Federal
official determines, in consultation with the Administrator
of General Services, that no department or agency of the
Federal Government will accept the transfer of the property.
(d) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that
the Authority use the conveyed property for public airport
purposes.
(e) Reversion.--If the Federal official making the
conveyance under subsection (a) determines that any portion
of the conveyed property is not being utilized in accordance
with the condition in subsection (d), all right, title, and
interest in and to such portion shall revert to the United
States, and the United States shall have immediate right of
entry thereon.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Federal official responsible for making the
conveyance. The cost of the survey shall be borne by the
Authority.
(g) Additional Terms and Conditions.--The Federal official
responsible for making the conveyance of property under
subsection (a) may require such additional terms and
conditions in connection with the conveyance as such official
considers appropriate to protect the interests of the United
States.
SEC. 2854. MODIFICATION OF BOUNDARIES OF WHITE SANDS NATIONAL
MONUMENT AND WHITE SANDS MISSILE RANGE.
(a) Transfer of Lands by Secretary of Army.--The Secretary
of the Army may transfer to the administrative jurisdiction
of the Secretary of the Interior the following lands as
generally depicted on the map entitled ``White Sands National
Monument, Boundary Proposal'', numbered 142/80,061, and dated
January 1994:
(1) Lands consisting of approximately 2,524 acres located
within White Sands National Monument, New Mexico.
(2) Lands consisting of approximately 5,758 acres located
within White Sands Missile Range, New Mexico, and abutting
White Sands National Monument.
(b) Transfer of Lands by Secretary of Interior.--The
Secretary of the Interior may transfer to the administrative
jurisdiction of the Secretary of the Army lands consisting of
approximately 4,277 acres located in White Sands National
Monument, which lands are generally depicted on the map
referred to in subsection (a).
(c) Boundary Modifications.--(1) The Secretary of the Army
and the Secretary of the Interior shall jointly modify the
boundary of White Sands National Monument so as to include
within the national monument the lands transferred under
subsection (a) and to exclude from the national monument the
lands transferred under subsection (b).
(2) The Secretary of the Army and the Secretary of the
Interior shall jointly modify the boundary of White Sands
Missile Range as to include within the missile range the
lands transferred under subsection (b) and exclude from the
missile range the lands transferred under subsection (a).
(d) Administration of Transferred Lands.--(1) The Secretary
of the Interior shall administer the lands transferred to
that Secretary under subsection (a) in accordance with the
laws applicable to the White Sands National Monument.
(2) The Secretary of the Army shall administer the lands
transferred to that Secretary under subsection (b) as part of
White Sands Missile Range.
(3) The Secretary of the Army shall maintain control of the
airspace above the lands transferred to that Secretary under
subsection (b) and administer that airspace in a manner
consistent with the use of such lands as part of White Sands
Missile Range.
(e) Public Availability of Map of Monument.--The Secretary
of the Interior and the Secretary of the Army shall jointly
prepare, and the Secretary of the Interior shall keep on file
for public inspection in the headquarters of White Sands
National Monument, a map showing the boundary of White Sands
National Monument as modified by this section.
(f) Waiver of Limitation Under Prior Law.--Notwithstanding
section 303(b)(1) of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3476), land or an interest
in land that was deleted from White Sands National Monument
by section 301(19) of the Act (92 Stat. 3475) may, at the
election of the Secretary of the Interior, be--
(1) exchanged for land owned by the State of New Mexico
within the boundaries of any unit of the National Park System
in the State of New Mexico;
(2) transferred to the jurisdiction of any other Federal
agency without monetary consideration; or
(3) administered as public land.
Subtitle D--Other Matters
SEC. 2861. AUTHORITY TO GRANT EASEMENTS FOR RIGHTS-OF-WAY.
(a) Easements for Electric Poles and Lines and for
Communications Lines and Facilities.--Section 2668(a) of
title 10, United States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (13); and
(3) by inserting after paragraph (9) the following new
paragraphs:
``(10) poles and lines for the transmission or distribution
of electric power;
``(11) poles and lines for the transmission or distribution
of communications signals (including telephone and telegraph
signals);
``(12) structures and facilities for the transmission,
reception, and relay of such signals; and''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in paragraph (3), by striking out ``, telephone lines,
and telegraph lines,''; and
(2) in paragraph (13), as redesignated by subsection
(a)(2), by striking out ``or by the Act of March 4, 1911 (43
U.S.C. 961)''.
SEC. 2862. AUTHORITY TO ENTER INTO COOPERATIVE AGREEMENTS FOR
THE MANAGEMENT OF CULTURAL RESOURCES ON
MILITARY INSTALLATIONS.
(a) Agreements Authorized.--Chapter 159 of title 10, United
States Code, is amended by inserting after section 2683 the
following new section:
``Sec. 2684. Cooperative agreements for management of
cultural resources
``(a) Authority.--The Secretary of Defense or the Secretary
of a military department may enter into a cooperative
agreement with a State or local government or other entity
for the preservation, management, maintenance, and
improvement of cultural resources on military installations
and for the conduct of research regarding the cultural
resources. Activities under the cooperative agreement shall
be subject to the availability of funds to carry out the
cooperative agreement.
``(b) Application of Other Laws.--Section 1535 and chapter
63 of title 31 shall not apply to a cooperative agreement
entered into under this section.
``(c) Cultural Resource Defined.--In this section, the term
`cultural resource' means any of the following:
``(1) A building, structure, site, district, or object
eligible for or included in the National Register of Historic
Places maintained under section 101(a) of the National
Historic Preservation Act (16 U.S.C. 470a(a)).
``(2) Cultural items, as that term is defined in section
2(3) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001(3)).
``(3) An archaeological resource, as that term is defined
in section 3(1) of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470bb(1)).
``(4) An archaeological artifact collection and associated
records covered by section 79 of title 36, Code of Federal
Regulations.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2683 the following new item:
``2684. Cooperative agreements for management of cultural resources.''.
[[Page 2025]]
SEC. 2863. DEMONSTRATION PROJECT FOR INSTALLATION AND
OPERATION OF ELECTRIC POWER DISTRIBUTION SYSTEM
AT YOUNGSTOWN AIR RESERVE STATION, OHIO.
(a) Authority.--The Secretary of the Air Force may carry
out a demonstration project to assess the feasibility and
advisability of permitting private entities to install,
operate, and maintain electric power distribution systems at
military installations. The Secretary shall carry out the
demonstration project through an agreement under subsection
(b).
(b) Agreement.--(1) In order to carry out the demonstration
project, the Secretary shall enter into an agreement with an
electric utility or other company in the Youngstown, Ohio,
area, consistent with State law, under which the utility or
company installs, operates, and maintains (in a manner
satisfactory to the Secretary and the utility or company) an
electric power distribution system at Youngstown Air Reserve
Station, Ohio.
(2) The Secretary may not enter into an agreement under
this subsection until--
(A) the Secretary submits to Congress a report on the
agreement to be entered into, including the costs to be
incurred by the United States under the agreement; and
(B) a period of 30 days has elapsed from the date of the
receipt of the report by the committees.
(c) Licenses and Easements.--In order to facilitate the
installation, operation, and maintenance of the electric
power distribution system under the agreement under
subsection (b), the Secretary may grant the utility or
company with which the Secretary enters into the agreement
such licenses, easements, and rights-of-way, consistent with
State law, as the Secretary and the utility or company
jointly determine necessary for such purposes.
(d) Ownership of System.--The agreement between the
Secretary and the utility or company under subsection (b) may
provide that the utility or company shall own the electric
power distribution system installed under the agreement.
(e) Rate.--The rate charged by the utility or company for
providing or distributing electric power at Youngstown Air
Reserve Station through the electric power distribution
system installed under the agreement under subsection (b)
shall be the rate established by the appropriate Federal or
State regulatory authority.
(f) Reports.--Not later than February 1, 1997, and February
1 of each year following a year in which the Secretary
carries out the demonstration project under this section, the
Secretary shall submit to Congress a report on the project.
The report shall include the Secretary's current assessment
of the project and the recommendations, if any, of the
Secretary of extending the authority with respect to the
project to other facilities and installations of the
Department of Defense.
(g) Funding.--In order to pay the costs of the United
States under the agreement under subsection (b), the
Secretary may use funds authorized to be appropriated by
section 2601(3)(B) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-106;
110 Stat. 540) for the purpose of rebuilding the electric
power distribution system at the Youngstown Air Reserve
Station that were appropriated for that purpose by the
Military Construction Appropriations Act, 1996 (Public Law
104-32; 109 Stat. 283), and that remain available for
obligation for that purpose as of the date of the enactment
of this Act.
(h) Application of Other Law.--Nothing in this section
shall authorize actions which are inconsistent with Federal
or State law.
(i) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in the agreement
under subsection (b) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2864. RENOVATION OF THE PENTAGON RESERVATION.
The Secretary of Defense shall take such actions as are
necessary to ensure that the total cost of the renovation of
the Pentagon Reservation does not exceed $1,118,000,000.
SEC. 2865. PLAN FOR REPAIRS AND STABILIZATION OF THE HISTORIC
DISTRICT AT THE FOREST GLEN ANNEX OF WALTER
REED MEDICAL CENTER, MARYLAND.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a comprehensive plan for
basic repairs and stabilization measures throughout the
historic district at the Forest Glen Annex of Walter Reed
Army Medical Center, Maryland, together with funding options
for the implementation of the plan.
SEC. 2866. NAMING OF RANGE AT CAMP SHELBY, MISSISSIPPI.
(a) Name.--The Multi Purpose Range Complex (Heavy) at Camp
Shelby, Mississippi, shall after the date of the enactment of
this Act be known and designated as the ``G.V. (Sonny)
Montgomery Range''. Any reference to such range in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the G.
V. (Sonny) Montgomery Range.
(b) Effective Date.--Subsection (a) shall take effect at
noon on January 3, 1997, or the first day on which G. V.
(Sonny) Montgomery otherwise ceases to be a Member of the
House of Representatives.
SEC. 2867. DESIGNATION OF MICHAEL O'CALLAGHAN MILITARY
HOSPITAL.
(a) Designation.--The Nellis Federal Hospital, a Federal
building located at 4700 North Las Vegas Boulevard, Las
Vegas, Nevada, shall be known and designated as the ``Michael
O'Callaghan Military Hospital''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal building referred to in subsection (a) shall be
deemed to be a reference to the ``Michael O'Callaghan
Military Hospital''.
SEC. 2868. NAMING OF BUILDING AT THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
It is the sense of Congress that the Secretary of Defense
should name Building A at the Uniformed Services University
of the Health Sciences as the ``David Packard Building''.
TITLE XXIX--MILITARY LAND WITHDRAWALS
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation of lands at Fort Carson Military
Reservation.
Sec. 2903. Withdrawal and reservation of lands at Pinon Canyon Maneuver
Site.
Sec. 2904. Maps and legal descriptions.
Sec. 2905. Management of withdrawn lands.
Sec. 2906. Management of withdrawn and acquired mineral resources.
Sec. 2907. Hunting, fishing, and trapping.
Sec. 2908. Termination of withdrawal and reservation.
Sec. 2909. Determination of presence of contamination and effect of
contamination.
Sec. 2910. Delegation.
Sec. 2911. Hold harmless.
Sec. 2912. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 2913. Authorization of appropriations.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
Sec. 2921. Short title and definitions.
Sec. 2922. Withdrawal and reservation of lands for El Centro.
Sec. 2923. Maps and legal descriptions.
Sec. 2924. Management of withdrawn lands.
Sec. 2925. Duration of withdrawal and reservation.
Sec. 2926. Continuation of ongoing decontamination activities.
Sec. 2927. Requirements for extension.
Sec. 2928. Early relinquishment of withdrawal.
Sec. 2929. Delegation of authority.
Sec. 2930. Hunting, fishing, and trapping.
Sec. 2931. Hold harmless.
Subtitle A--Fort Carson-Pinon Canyon Military Lands Withdrawal
SEC. 2901. SHORT TITLE.
This subtitle may be cited as the ``Fort Carson-Pinon
Canyon Military Lands Withdrawal Act''.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS AT FORT CARSON
MILITARY RESERVATION.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this subtitle, the lands at
the Fort Carson Military Reservation, Colorado, that are
described in subsection (c) are hereby withdrawn from all
forms of appropriation under the public land laws, including
the mining laws, the mineral and geothermal leasing laws, and
the mineral materials disposal laws.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for use by the Secretary of the Army--
(1) for military maneuvering, training and weapons firing;
and
(2) for other defense related purposes consistent with the
uses specified in paragraph (1).
(c) Land Description.--The lands referred to in subsection
(a) comprise 3,133.02 acres of public land and 11,415.16
acres of federally-owned minerals in El Paso, Pueblo, and
Fremont Counties, Colorado, as generally depicted on the map
entitled ``Fort Carson Proposed Withdrawal--Fort Carson
Base'', dated February 6, 1992, and published in accordance
with section 2904.
SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT PINON
CANYON MANEUVER SITE.
(a) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this subtitle, the lands at
the Pinon Canyon Maneuver Site, Colorado, that are described
in subsection (c) are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws, the mineral and geothermal leasing laws, and the
mineral materials disposal laws.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for use by the Secretary of the Army--
(1) for military maneuvering and training; and
(2) for other defense related purposes consistent with the
uses specified in paragraph (1).
(c) Land Description.--The lands referred to in subsection
(a) comprise 2,517.12 acres of public lands and 130,139 acres
of federally-owned minerals in Las Animas County, Colorado,
as generally depicted on the map entitled ``Fort Carson
Proposed Withdrawal--Fort Carson Maneuver Area--Pinon Canyon
site'', dated February 6, 1992, and published in accordance
with section 2904.
SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation of Maps and Legal Description.--As soon as
practicable after the date of the enactment of this subtitle,
the Secretary of the Interior shall prepare maps
[[Page 2026]]
depicting the lands withdrawn and reserved by this subtitle
and publish in the Federal Register a notice containing the
legal description of such lands.
(b) Legal Effect.--Such maps and legal descriptions shall
have the same force and effect as if they were included in
this subtitle, except that the Secretary of the Interior may
correct clerical and typographical errors in such maps and
legal descriptions.
(c) Availability of Maps and Legal Description.--Copies of
such maps and legal descriptions shall be available for
public inspection in the offices of the Colorado State
Director and the Canon City District Manager of the Bureau of
Land Management and in the offices of the Commander of Fort
Carson, Colorado.
(d) Costs.--The Secretary of the Army shall reimburse the
Secretary of the Interior for the costs of implementing this
section.
SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Guidelines.--
(1) Management by secretary of the army.--Except as
provided in section 2906, during the period of withdrawal,
the Secretary of the Army shall manage for military purposes
the lands covered by this subtitle and may authorize use of
the lands by the other military departments and agencies of
the Department of Defense, and the National Guard, as
appropriate.
(2) Access restrictions.--When military operations, public
safety, or national security, as determined by the Secretary
of the Army, require the closure of roads and trails on the
lands withdrawn by this subtitle commonly in public use, the
Secretary of the Army is authorized to take such action,
except that such closures shall be limited to the minimum
areas and periods required for the purposes specified in this
subsection. Appropriate warning notices shall be kept posted
during closures.
(3) Suppression of fires.--The Secretary of the Army shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands as a
result of military activities and may seek assistance from
the Bureau of Land Management in suppressing such fires. The
memorandum of understanding required by this section shall
provide for Bureau of Land Management assistance in the
suppression of such fires, and for a transfer of funds from
the Department of the Army to the Bureau of Land Management
as compensation for such assistance.
(b) Management Plan.--
(1) Development required.--The Secretary of the Army, with
the concurrence of the Secretary of the Interior, shall
develop a plan for the management of acquired lands and lands
withdrawn under sections 2902 and 2903 for the period of
withdrawal. The plan shall--
(A) be consistent with applicable law;
(B) include such provisions as may be necessary for proper
resource management and protection of the natural, cultural,
and other resources and values of such lands; and
(C) identify those withdrawn and acquired lands, if any,
which are to be open to mining or mineral and geothermal
leasing, including mineral materials disposal.
(2) Time for development.--The management plan required by
this subsection shall be developed not later than 5 years
after the date of the enactment of this subtitle.
(c) Implementation of Management Plan.--
(1) Memorandum of understanding required.--The Secretary of
the Army and the Secretary of the Interior shall enter into a
memorandum of understanding to implement the management plan
developed under subsection (b).
(2) Duration.--The duration of any such memorandum of
understanding shall be the same as the period of withdrawal
specified in section 2908(a).
(3) Amendment.--The memorandum of understanding may be
amended by agreement of both Secretaries.
(d) Use of Certain Resources.--The Secretary of the Army is
authorized to utilize sand, gravel, or similar mineral or
mineral material resources from the lands withdrawn by this
subtitle when the use of such resources is required for
construction needs of the Fort Carson Reservation or Pinon
Canyon Maneuver Site.
SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL
RESOURCES.
Except as provided in section 2905(d), the Secretary of the
Interior shall manage all withdrawn and acquired mineral
resources within the boundaries of the Fort Carson Military
Reservation and Pinon Canyon Maneuver Site in the same manner
as provided in section 12 of the Military Lands Withdrawal
Act of 1986 (Public Law 99-606; 100 Stat. 3466) for mining
and mineral leasing on certain lands withdrawn by that Act
from all forms of appropriation under the public land laws.
SEC. 2907. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
and reserved by this subtitle shall be conducted in
accordance with section 2671 of title 10, United States Code.
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVATION.
(a) Termination Date.--The withdrawal and reservation made
by this subtitle shall terminate 15 years after the date of
the enactment of this subtitle.
(b) Determination of Continuing Military Need.--
(1) Determination required.--At least three years before
the termination under subsection (a) of the withdrawal and
reservation established by this subtitle, the Secretary of
the Army shall advise the Secretary of the Interior as to
whether or not the Department of the Army will have a
continuing military need for any of the lands after the
termination date.
(2) Method of making determination.--If the Secretary of
the Army concludes under paragraph (1) that there will be a
continuing military need for any of the lands after the
termination date established by subsection (a), the Secretary
of the Army, in accordance with applicable law, shall--
(A) evaluate the environmental effects of renewal of such
withdrawal and reservation;
(B) hold at least one public hearing in Colorado concerning
such evaluation; and
(C) file, after completing the requirements of
subparagraphs (A) and (B), an application for extension of
the withdrawal and reservation of such lands in accordance
with the regulations and procedures of the Department of the
Interior applicable to the extension of withdrawals for
military uses.
(3) Notification.--The Secretary of the Interior shall
notify the Congress concerning a filing under paragraph
(3)(C).
(c) Early Relinquishment of Withdrawal.--If the Secretary
of the Army concludes under subsection (b) that before the
termination date established by subsection (a) there will be
no military need for all or any part of the lands withdrawn
and reserved by this subtitle, or if, during the period of
withdrawal, the Secretary of the Army otherwise decides to
relinquish any or all of the lands withdrawn and reserved
under this subtitle, the Secretary of the Army shall file
with the Secretary of the Interior a notice of intention to
relinquish such lands.
(d) Acceptance of Lands Proposed for Relinquishment.--
Notwithstanding any other provision of law, the Secretary of
the Interior, upon deciding that it is in the public interest
to accept jurisdiction over the lands proposed for
relinquishment, may revoke the withdrawal and reservation
established by this subtitle as it applies to the lands
proposed for relinquishment. Should the decision be made to
revoke the withdrawal and reservation, the Secretary of the
Interior shall publish in the Federal Register an appropriate
order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of the public land laws, including the mining
laws if appropriate.
SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINATION AND
EFFECT OF CONTAMINATION.
(a) Determination of Presence of Contamination.--
(1) Before relinquishment notice.--Before filing a
relinquishment notice under section 2908(c), the Secretary of
the Army shall prepare a written determination as to whether
and to what extent the lands to be relinquished are
contaminated with explosive, toxic, or other hazardous
materials. A copy of the determination made by the Secretary
of the Army shall be supplied with the relinquishment notice.
Copies of both the relinquishment notice and the
determination under this subsection shall be published in the
Federal Register by the Secretary of the Interior.
(2) Upon termination of withdrawal.--At the expiration of
the withdrawal period made by this Act, the Secretary of the
Interior shall determine whether and to what extent the lands
withdrawn by this subtitle are contaminated to an extent
which prevents opening such contaminated lands to operation
of the public land laws.
(b) Program of Decontamination.--
(1) In general.--Throughout the duration of the withdrawal
and reservation made by this subtitle, the Secretary of the
Army, to the extent funds are made available, shall maintain
a program of decontamination of the lands withdrawn by this
subtitle at least at the level of effort carried out during
fiscal year 1992.
(2) Decontamination of lands to be relinquished.--In the
case of lands subject to a relinquishment notice under
section 2908(c) that are contaminated, the Secretary of the
Army shall decontaminate the land to the extent that funds
are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Army,
determines that--
(A) decontamination of the lands is practicable and
economically feasible, taking into consideration the
potential future use and value of the land; and
(B) upon decontamination, the land could be opened to the
operation of some or all of the public land laws, including
the mining laws.
(c) Authority of Secretary of the Interior To Refuse
Contaminated Lands.--The Secretary of the Interior shall not
be required to accept lands proposed for relinquishment if
the Secretary of the Army and the Secretary of the Interior
conclude that--
(1) decontamination of any or all of the lands proposed for
relinquishment is not practicable or economically feasible;
(2) the lands cannot be decontaminated sufficiently to
allow them to be opened to the operation of the public land
laws; or
(3) insufficient funds are appropriated for the purpose of
decontaminating the lands.
(d) Effect of Continued Contamination.--If the Secretary of
the Interior declines under subsection (c) to accept
jurisdiction of lands proposed for relinquishment or if the
Secretary of the Interior determines under
[[Page 2027]]
subsection (a)(2) that some of the lands withdrawn by this
subtitle are contaminated to an extent that prevents opening
the contaminated lands to operation of the public land laws--
(1) the Secretary of the Army shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Army shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Army shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken under paragraphs (1) and
(2).
(e) Effect of Subsequent Decontamination.--If the lands
described in subsection (d) are subsequently decontaminated,
upon certification by the Secretary of the Army that the
lands are safe for all nonmilitary uses, the Secretary of the
Interior shall reconsider accepting jurisdiction over the
lands.
(f) Effect on Other Laws.--Nothing in this subtitle shall
affect, or be construed to affect, the obligations of the
Secretary of the Army, if any, to decontaminate lands
withdrawn by this subtitle pursuant to applicable law,
including the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
SEC. 2910. DELEGATION.
The functions of the Secretary of the Army under this
subtitle may be delegated. The functions of the Secretary of
the Interior under this subtitle may be delegated, except
that the order referred to in section 2908(d) may be approved
and signed only by the Secretary of the Interior, the Deputy
Secretary of the Interior, or an Assistant Secretary of the
Department of the Interior.
SEC. 2911. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal
leasing activity on lands comprising the Fort Carson
Reservation or Pinon Canyon Maneuver Site shall indemnify the
United States against any costs, fees, damages, or other
liabilities (including costs of litigation) incurred by the
United States and arising from or relating to such mining
activities, including costs of mineral materials disposal,
whether arising under the Comprehensive Environmental
Response Compensation and Liability Act of 1980, the Solid
Waste Disposal Act, or otherwise.
SEC. 2912. AMENDMENT TO MILITARY LANDS WITHDRAWAL ACT OF
1986.
(a) Use of Certain Resources.--Section 3(f) of the Military
Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat.
3461) is amended by adding at the end the following new
paragraph:
``(2) Subject to valid existing rights, the Secretary of
the military department concerned may utilize sand, gravel,
or similar mineral or material resources when the use of such
resources is required for construction needs on the
respective lands withdrawn by this Act.''.
(b) Technical Correction.--Section 9(b) of the Military
Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat.
3466) is amended by striking ``section 7(f)'' and inserting
in lieu thereof ``section 8(f)''.
SEC. 2913. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this subtitle.
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``El
Centro Naval Air Facility Ranges Withdrawal Act''.
(b) Definitions.--In this subtitle:
(1) The term ``El Centro'' means the Naval Air Facility, El
Centro, California.
(2) The term ``cooperative agreement'' means the
cooperative agreement entered into between the Bureau of Land
Management, the Bureau of Reclamation, and the Department of
the Navy, dated June 29, 1987, with regard to the defense-
related uses of Federal lands to further the mission of El
Centro.
(3) The term ``relinquishment notice'' means a notice of
intention by the Secretary of the Navy under section 2928(a)
to relinquish, before the termination date specified in
section 2925, the withdrawal and reservation of certain lands
withdrawn under this subtitle.
SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR EL CENTRO.
(a) Withdrawals.--Subject to valid existing rights, and
except as otherwise provided in this subtitle, the Federal
lands utilized in the mission of the Naval Air Facility, El
Centro, California, that are described in subsection (c) are
hereby withdrawn from all forms of appropriation under the
public land laws, including the mining laws, but not the
mineral leasing or geothermal leasing laws or the mineral
materials sales laws.
(b) Reservation.--The lands withdrawn under subsection (a)
are reserved for the use by the Secretary of the Navy--
(1) for defense-related purposes in accordance with the
cooperative agreement; and
(2) subject to notice to the Secretary of the Interior
under section 2924(e), for other defense-related purposes
determined by the Secretary of the Navy.
(c) Description of Withdrawn Lands.--The lands withdrawn
and reserved under subsection (a) are--
(1) the Federal lands comprising approximately 46,600 acres
in Imperial County, California, as generally depicted in part
on a map entitled ``Exhibit A, Naval Air Facility, El Centro,
California, Land Acquisition Map, Range 2510 (West Mesa)''
and dated March 1993 and in part on a map entitled ``Exhibit
B, Naval Air Facility, El Centro, California, Land
Acquisition Map Range 2512 (East Mesa)'' and dated March
1993; and
(2) and all other areas within the boundaries of such lands
as depicted on such maps that may become subject to the
operation of the public land laws.
SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirements.--As soon as
practicable after the date of the enactment of this subtitle,
the Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved under
this subtitle; and
(2) file maps and the legal description of the lands
withdrawn and reserved under this subtitle with the Committee
on Energy and Natural Resources of the Senate and with the
Committee on Resources of the House of Representatives.
(b) Legal Effect.--The maps and legal description prepared
under subsection (a) shall have the same force and effect as
if they were included in this subtitle, except that the
Secretary of the Interior may correct clerical and
typographical errors in the maps and legal description.
(c) Availability for Public Inspection.--Copies of the maps
and legal description prepared under subsection (a) shall be
available for public inspection in--
(1) the Office of the State Director, California State
Office of the Bureau of Land Management, Sacramento,
California;
(2) the Office of the District Manager, California Desert
District of the Bureau of Land Management, Riverside,
California; and
(3) the Office of the Commanding Officer, Marine Corps Air
Station, Yuma, Arizona.
(d) Reimbursement.--The Secretary of Navy shall reimburse
the Secretary of the Interior for the cost of implementing
this section.
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Consistent With Cooperative Agreement.--The
lands and resources shall be managed in accordance with the
cooperative agreement, revised as necessary to conform to the
provisions of this subtitle. The parties to the cooperative
agreement shall review the cooperative agreement for
conformance with this subtitle and amend the cooperative
agreement, if appropriate, within 120 days after the date of
the enactment of this subtitle. The term of the cooperative
agreement shall be amended so that its duration is at least
equal to the duration of the withdrawal made by section 2925.
The cooperative agreement may be reviewed and amended by the
managing agencies as necessary.
(b) Management by Secretary of the Interior.--
(1) General management authority.--During the period of
withdrawal, the Secretary of the Interior shall manage the
lands withdrawn and reserved under this subtitle pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) and other applicable laws, including this
subtitle.
(2) Specific authorities.--To the extent consistent with
applicable laws, Executive orders, and the cooperative
agreement, the lands withdrawn and reserved under this
subtitle may be managed in a manner permitting--
(A) protection of wildlife and wildlife habitat;
(B) control of predatory and other animals;
(C) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(D) geothermal leasing and development and related power
production, mineral leasing and development, and mineral
material sales.
(3) Effect of withdrawal.--The Secretary of the Interior
shall manage the lands withdrawn and reserved under this
subtitle, in coordination with the Secretary of the Navy,
such that all nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in the
cooperative agreement or authorized pursuant to this
subtitle.
(c) Certain Activities Subject to Concurrence of Navy.--The
Secretary of the Interior may issue a lease, easement, right-
of-way, or other authorization with respect to the
nonmilitary use of the withdrawn lands only with the
concurrence of the Secretary of the Navy and under the terms
of the cooperative agreement.
(d) Access Restrictions.--If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn under
this subtitle, the Secretary may take such action as the
Secretary determines necessary or desirable to effect and
maintain such closure. Any such closure shall be limited to
the minimum areas and periods which the Secretary of the Navy
determines are required to carry out this subsection. Before
and during any closure under this subsection, the Secretary
of the Navy shall keep appropriate warning notices posted and
take appropriate steps to notify the public concerning such
closures.
(e) Additional Military Uses.--Lands withdrawn under this
subtitle may be used
[[Page 2028]]
for defense-related uses other than those specified in the
cooperative agreement. The Secretary of the Navy shall
promptly notify the Secretary of the Interior in the event
that the lands withdrawn under this subtitle will be used for
additional defense-related purposes. Such notification shall
indicate the additional use or uses involved, the proposed
duration of such uses, and the extent to which such
additional military uses of the withdrawn lands will require
that additional or more stringent conditions or restrictions
be imposed on otherwise-permitted nonmilitary uses of all or
any portion of the withdrawn lands.
SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation made under this subtitle
shall terminate 25 years after the date of the enactment of
this subtitle.
SEC. 2926. CONTINUATION OF ONGOING DECONTAMINATION
ACTIVITIES.
Throughout the duration of the withdrawal and reservation
made under this subtitle, and subject to the availability of
funds, the Secretary of the Navy shall maintain a program of
decontamination of the lands withdrawn under this subtitle at
least at the level of decontamination activities performed on
such lands in fiscal year 1995. Such activities shall be
subject to applicable laws, such as the amendments made by
the Federal Facility Compliance Act of 1992 (Public Law 102-
386; 106 Stat. 1505) and the Defense Environmental
Restoration Program established under section 2701 of title
10, United States Code.
SEC. 2927. REQUIREMENTS FOR EXTENSION.
(a) Notice of Continued Military Need.--Not later than five
years before the termination date specified in section 2925,
the Secretary of the Navy shall advise the Secretary of the
Interior as to whether or not the Navy will have a continuing
military need for any or all of the lands withdrawn and
reserved under this subtitle after the termination date.
(b) Application for Extension.--If the Secretary of the
Navy determines that there will be a continuing military need
for any or all of the withdrawn lands after the termination
date specified in section 2925, the Secretary of the Navy
shall file an application for extension of the withdrawal and
reservation of the lands in accordance with the then existing
regulations and procedures of the Department of the Interior
applicable to extension of withdrawal of lands for military
purposes and that are consistent with this subtitle. Such
application shall be filed with the Department of the
Interior not later than four years before the termination
date.
(c) Extension Process.--The withdrawal and reservation
established by this subtitle may not be extended except by an
Act or Joint Resolution of Congress.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) Filing of Relinquishment Notice.--If, during the period
of withdrawal and reservation specified in section 2925, the
Secretary of the Navy decides to relinquish all or any
portion of the lands withdrawn and reserved under this
subtitle, the Secretary of the Navy shall file a notice of
intention to relinquish with the Secretary of the Interior.
(b) Determination of Presence of Contamination.--Before
transmitting a relinquishment notice under subsection (a),
the Secretary of the Navy, in consultation with the Secretary
of the Interior, shall prepare a written determination
concerning whether and to what extent the lands to be
relinquished are contaminated with explosive, toxic, or other
hazardous wastes and substances. A copy of such determination
shall be transmitted with the relinquishment notice.
(c) Decontamination and Remediation.--In the case of
contaminated lands which are the subject of a relinquishment
notice, the Secretary of the Navy shall decontaminate or
remediate the land to the extent that funds are appropriated
for such purpose if the Secretary of the Interior, in
consultation with the Secretary of the Navy, determines
that--
(1) decontamination or remediation of the lands is
practicable and economically feasible, taking into
consideration the potential future use and value of the land;
and
(2) upon decontamination or remediation, the land could be
opened to the operation of some or all of the public land
laws, including the mining laws.
(d) Decontamination and Remediation Activities Subject to
Other Laws.--The activities of the Secretary of the Navy
under subsection (c) are subject to applicable laws and
regulations, including the Defense Environmental Restoration
Program established under section 2701 of title 10, United
States Code, the Comprehensive Environmental Response
Compensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(e) Authority of Secretary of the Interior To Refuse
Contaminated Lands.--The Secretary of the Interior shall not
be required to accept lands specified in a relinquishment
notice if the Secretary of the Interior, after consultation
with the Secretary of the Navy, concludes that--
(1) decontamination or remediation of any land subject to
the relinquishment notice is not practicable or economically
feasible;
(2) the land cannot be decontaminated or remediated
sufficiently to be opened to operation of some or all of the
public land laws; or
(3) a sufficient amount of funds are not appropriated for
the decontamination of the land.
(f) Status of Contaminated Lands.--If, because of the
condition of the lands, the Secretary of the Interior
declines to accept jurisdiction of lands proposed for
relinquishment or, if at the expiration of the withdrawal
made under this subtitle, the Secretary of the Interior
determines that some of the lands withdrawn under this
subtitle are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land
laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall retain jurisdiction over the withdrawn
lands, but shall undertake no activities on such lands except
in connection with the decontamination or remediation of such
lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken under paragraphs (1) and
(2).
(g) Subsequent Decontamination or Remediation.--If lands
covered by subsection (f) are subsequently decontaminated or
remediated and the Secretary of the Navy certifies that the
lands are safe for nonmilitary uses, the Secretary of the
Interior shall reconsider accepting jurisdiction over the
lands.
(h) Revocation Authority.--Notwithstanding any other
provision of law, upon deciding that it is in the public
interest to accept jurisdiction over lands specified in a
relinquishment notice, the Secretary of the Interior may
revoke the withdrawal and reservation made under this
subtitle as it applies to such lands. If the decision be made
to accept the relinquishment and to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in
the Federal Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of the public land laws, including the mining
laws, if appropriate.
SEC. 2929. DELEGATION OF AUTHORITY.
(a) Department of the Navy.--The functions of the Secretary
of the Navy under this subtitle may be delegated.
(b) Department of Interior.--The functions of the Secretary
of the Interior under this subtitle may be delegated, except
that an order described in section 2928(h) may be approved
and signed only by the Secretary of the Interior, the Deputy
Secretary of the Interior, or an Assistant Secretary of the
Department of the Interior.
SEC. 2930. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
under this subtitle shall be conducted in accordance with
section 2671 of title 10, United States Code.
SEC. 2931. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal
leasing activity on lands withdrawn and reserved under this
subtitle shall indemnify the United States against any costs,
fees, damages, or other liabilities (including costs of
litigation) incurred by the United States and arising from or
relating to such mining activities, including costs of
mineral materials disposal, whether arising under the
Comprehensive Environmental Response Compensation and
Liability Act of 1980, the Solid Waste Disposal Act, or
otherwise.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Defense fixed asset acquisition/privatization.
Sec. 3104. Other defense activities.
Sec. 3105. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Stockpile stewardship program.
Sec. 3132. Manufacturing infrastructure for nuclear weapons stockpile.
Sec. 3133. Tritium production.
Sec. 3134. Modernization and consolidation of tritium recycling
facilities.
Sec. 3135. Production of high explosives.
Sec. 3136. Limitation on use of funds for certain research and
development purposes.
Sec. 3137. Prohibition on funding nuclear weapons activities with
People's Republic of China.
[[Page 2029]]
Sec. 3138. International cooperative stockpile stewardship programs.
Sec. 3139. Temporary authority relating to transfers of defense
environmental management funds.
Sec. 3140. Management structure for nuclear weapons production
facilities and nuclear weapons laboratories.
Sec. 3141. Accelerated schedule for isolating high-level nuclear waste
at the defense waste processing facility, Savannah River
Site.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Projects to accelerate closure activities at defense nuclear
facilities.
Sec. 3144. Payment of costs of operation and maintenance of
infrastructure at Nevada Test Site.
Subtitle D--Other Matters
Sec. 3151. Report on plutonium pit production and remanufacturing
plans.
Sec. 3152. Amendments relating to baseline environmental management
reports.
Sec. 3153. Requirement to develop future use plans for environmental
management program.
Sec. 3154. Report on Department of Energy liability at Department
superfund sites.
Sec. 3155. Requirement for annual five-year budget for the national
security programs of the Department of Energy.
Sec. 3156. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1997.
Sec. 3157. Repeal of requirement relating to accounting procedures for
Department of Energy funds.
Sec. 3158. Update of report on nuclear test readiness postures.
Sec. 3159. Reports on critical difficulties at nuclear weapons
laboratories and nuclear weapons production plants.
Sec. 3160. Extension of applicability of notice-and-wait requirement
regarding proposed cooperation agreements.
Sec. 3161. Sense of Senate relating to redesignation of defense
environmental restoration and waste management program.
Sec. 3162. Commission on maintaining United States nuclear weapons
expertise.
Sec. 3163. Sense of Congress regarding reliability and safety of
remaining nuclear forces.
Sec. 3164. Study on worker protection at the Mound facility.
Sec. 3165. Fiscal year 1998 funding for Greenville Road Improvement
Project, Livermore, California.
Sec. 3166. Fellowship program for development of skills critical to
Department of Energy nuclear weapons complex.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
Sec. 3171. Purpose.
Sec. 3172. Applicability.
Sec. 3173. Site manager.
Sec. 3174. Department of Energy orders.
Sec. 3175. Deployment of technology for remediation of defense nuclear
waste.
Sec. 3176. Performance-based contracting.
Sec. 3177. Designation of covered facilities as environmental cleanup
demonstration areas.
Sec. 3178. Definitions.
Sec. 3179. Termination.
Sec. 3180. Report.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
Sec. 3181. Short title.
Sec. 3182. Definitions.
Sec. 3183. Management plan.
Sec. 3184. Repeal of test phase and retrieval plans.
Sec. 3185. Test phase activities.
Sec. 3186. Disposal operations.
Sec. 3187. Environmental Protection Agency disposal regulations.
Sec. 3188. Compliance with environmental laws and regulations.
Sec. 3189. Sense of Congress on commencement of emplacement of
transuranic waste.
Sec. 3190. Decommissioning of WIPP.
Sec. 3191. Authorizations for economic assistance and miscellaneous
payments.
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) Stockpile Stewardship.--Subject to subsection (d),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for stockpile
stewardship in carrying out weapons activities necessary for
national security programs in the amount of $1,661,767,000,
to be allocated as follows:
(1) For core stockpile stewardship, $1,235,907,000, to be
allocated as follows:
(A) For operation and maintenance, $1,147,570,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$88,337,000, to be allocated as follows:
Project 96-D-102, stockpile stewardship facilities
revitalization, Phase VI, various locations, $19,250,000.
Project 96-D-103, ATLAS, Los Alamos National Laboratory,
Los Alamos, New Mexico, $15,100,000.
Project 96-D-104, processing and environmental technology
laboratory (PETL), Sandia National Laboratories, Albuquerque,
New Mexico, $14,100,000.
Project 96-D-105, contained firing facility addition,
Lawrence Livermore National Laboratory, Livermore,
California, $17,100,000.
Project 95-D-102, Chemical and Metallurgy Research Building
upgrades project, Los Alamos National Laboratory, Los Alamos,
New Mexico, $15,000,000.
Project 94-D-102, nuclear weapons research, development,
and testing facilities revitalization, Phase V, various
locations, $7,787,000.
(2) For inertial fusion, $366,460,000, to be allocated as
follows:
(A) For operation and maintenance, $234,560,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition, and
modification of facilities, and land acquisition related
thereto), $131,900,000 to be allocated as follows:
Project 96-D-111, national ignition facility, location to
be determined, $131,900,000.
(3) For technology transfer and education, $59,400,000.
(b) Stockpile Management.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for stockpile management in
carrying out weapons activities necessary for national
security programs in the amount of $1,962,831,000, to be
allocated as follows:
(1) For operation and maintenance, $1,868,470,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$94,361,000, to be allocated as follows:
Project 97-D-121, consolidated pit packaging system, Pantex
Plant, Amarillo, Texas, $870,000.
Project 97-D-122, nuclear materials storage facility
renovation, Los Alamos National Laboratory, Los Alamos, New
Mexico, $4,000,000.
Project 97-D-123, structural upgrades, Kansas City Plant,
Kansas City, Missouri, $1,400,000.
Project 97-D-124, steam plant wastewater treatment facility
upgrade, Y-12 Plant, Oak Ridge, Tennessee, $600,000.
Project 96-D-122, sewage treatment quality upgrade (STQU),
Pantex Plant, Amarillo, Texas, $100,000.
Project 96-D-123, retrofit heating, ventilation, and air
conditioning and chillers for ozone protection, Y-12 Plant,
Oak Ridge, Tennessee, $7,000,000.
Project 96-D-125, Washington measurements operations
facility, Andrews Air Force Base, Camp Springs, Maryland,
$3,825,000.
Project 95-D-122, sanitary sewer upgrade, Y-12 Plant, Oak
Ridge, Tennessee, $10,900,000.
Project 94-D-124, hydrogen fluoride supply system, Y-12
Plant, Oak Ridge, Tennessee, $4,900,000.
Project 94-D-125, upgrade life safety, Kansas City Plant,
Kansas City, Missouri, $5,200,000.
Project 94-D-127, emergency notification system, Pantex
Plant, Amarillo, Texas, $2,200,000.
Project 93-D-122, life safety upgrades, Y-12 Plant, Oak
Ridge, Tennessee, $7,200,000.
Project 93-D-123, complex-21, various locations,
$14,487,000.
Project 88-D-122, facilities capability assurance program,
various locations, $21,940,000.
Project 88-D-123, security enhancement, Pantex Plant,
Amarillo, Texas, $9,739,000.
(c) Program Direction.--Subject to subsection (d), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for program direction in carrying
out weapons activities necessary for national security
programs in the amount of $313,404,000.
(d) Adjustment.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (c) reduced by $20,000,000 for use of prior year
balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Environmental Restoration.--Subject to subsection (j),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for environmental
restoration in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,762,194,000, of which
$376,648,000 shall be allocated to the uranium enrichment
decontamination and decommissioning fund.
(b) Waste Management.--Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for waste management in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,578,653,000, to be allocated as follows:
(1) For operation and maintenance, $1,490,326,000.
[[Page 2030]]
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$88,327,000, to be allocated as follows:
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $7,584,000.
Project 96-D-408, waste management upgrades, various
locations, $11,246,000.
Project 95-D-402, install permanent electrical service,
Waste Isolation Pilot Plant, Carlsbad, New Mexico, $752,000.
Project 95-D-405, industrial landfill V and construction/
demolition landfill VII, Y-12 Plant, Oak Ridge, Tennessee,
$200,000.
Project 94-D-404, Melton Valley storage tank capacity
increase, Oak Ridge National Laboratory, Oak Ridge,
Tennessee, $6,345,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $12,600,000.
Project 93-D-182, replacement of cross-site transfer
system, Richland, Washington, $8,100,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$20,000,000.
Project 89-D-174, replacement high-level waste evaporator,
Savannah River Site, Aiken, South Carolina, $11,500,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $10,000,000.
(c) Nuclear Materials and Facilities Stabilization.--
Subject to subsection (j), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997
for nuclear materials and facilities stabilization in
carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $1,291,290,000 to be allocated as follows:
(1) For operation and maintenance, $1,173,718,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$117,572,000, to be allocated as follows:
Project 97-D-450, Actinide packaging and storage facility,
Savannah River Site, Aiken, South Carolina, $7,900,000.
Project 97-D-451, B-Plant safety class ventilation
upgrades, Richland, Washington, $1,500,000.
Project 97-D-470, environmental monitoring laboratory,
Savannah River Site, Aiken, South Carolina, $2,500,000.
Project 97-D-473, health physics site support facility,
Savannah River Site, Aiken, South Carolina, $2,000,000.
Project 96-D-406, spent nuclear fuels canister storage and
stabilization facility, Richland, Washington, $60,672,000.
Project 96-D-461, electrical distribution upgrade, Idaho
National Engineering Laboratory, Idaho, $6,790,000.
Project 96-D-464, electrical and utility systems upgrade,
Idaho Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $10,440,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $8,541,000.
Project 95-E-600, hazardous materials management and
emergency response training center, Richland, Washington,
$7,900,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River Site, South Carolina, $4,137,000.
Project 95-D-456, security facilities consolidation, Idaho
Chemical Processing Plant, Idaho National Engineering
Laboratory, Idaho, $4,645,000.
Project 94-D-401, emergency response facility, Idaho
National Engineering Laboratory, Idaho, $547,000.
(d) Program Direction.--Subject to subsection (j), funds
are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$411,511,000.
(e) Technology Development.--Subject to subsection (j),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for technology
development in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $303,771,000.
(f) Policy and Management.--Subject to subsection (j),
funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for policy and
management in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $23,155,000.
(g) Environmental Science Program.--Subject to subsection
(j), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for the
environmental science program in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $62,136,000.
(h) Environmental Management Privatization.--Subject to
subsection (j), funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1997
for environmental management privatization in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$185,000,000.
(i) Closure Projects.--Subject to subsection (j), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for closure projects selected
under section 3143 in the amount of $50,000,000.
(j) Adjustments.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in subsections (a)
through (i) reduced by the sum of--
(1) $150,400,000, for use of prior year balances; and
(2) $8,000,000, for Savannah River Pension Refund.
SEC. 3103. DEFENSE FIXED ASSET ACQUISITION/PRIVATIZATION.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for the defense
fixed asset acquisition/privatization program in the amount
of $182,000,000.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) In General.--Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 1997 for other defense activities in
carrying out programs necessary for national security in the
amount of $1,590,231,000, to be allocated as follows:
(1) For verification and control technology, $456,348,000,
to be allocated as follows:
(A) For nonproliferation and verification research and
development, $204,919,000.
(B) For arms control, $216,244,000.
(C) For intelligence, $35,185,000.
(2) For nuclear safeguards and security, $47,208,000.
(3) For security investigations, $22,000,000.
(4) For emergency management, $16,794,000.
(5) For program direction, $88,122,000.
(6) For international nuclear safety, $15,200,000.
(7) For environment, safety, and health, defense,
$63,800,000.
(8) For worker and community transition assistance,
$67,000,000.
(9) For fissile materials disposition, $93,796,000, to be
allocated as follows:
(A) For operation and maintenance, $76,796,000.
(B) For the following plant project (including maintenance,
restoration, planning, construction, acquisition, and
modification of facilities, and land acquisition related
thereto):
Project 97-D-140, consolidated special nuclear materials
storage facility, site to be determined, $17,000,000.
(10) For nuclear security/Russian production reactor
shutdown, $6,000,000.
(11) For naval reactors development, $681,932,000, to be
allocated as follows:
(A) For operation and infrastructure, $649,330,000.
(B) For program direction, $18,902,000.
(C) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$13,700,000, to be allocated as follows:
Project 97-D-201, advanced test reactor secondary coolant
refurbishment, Idaho National Engineering Laboratory, Idaho,
$400,000.
Project 95-D-200, laboratory systems and hot cell upgrades,
various locations, $4,800,000.
Project 95-D-201, advanced test reactor radioactive waste
system upgrades, Idaho National Engineering Laboratory,
Idaho, $500,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $8,000,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to this section is the sum of the
amounts authorized to be appropriated in paragraphs (1)
through (10) of subsection (a) reduced by $25,500,000 for use
of prior year balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1997 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $200,000,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 30 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
[[Page 2031]]
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $2,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
(c) Report on Permanent Authorization of Appropriations for
General Plant Projects.--(1) Not later than February 1, 1997,
the Secretary of Energy shall submit to the congressional
defense committees a report on the desirability of a
permanent authorization of appropriations for the defense
general plant projects and civilian general plant projects of
the Department of Energy.
(2) If the Secretary determines for purposes of the report
under paragraph (1) that a permanent authorization of
appropriations is desirable, the report shall include--
(A) recommendations for legislation to provide for a
permanent authorization of appropriations, including a
formula for adjusting for inflation the amount authorized to
be appropriated for the projects to be covered by such
authorization of appropriations; and
(B) a description of the actions to be undertaken by the
Secretary to control costs with respect to such projects,
including any actions that may depend on the size, nature, or
scope of the project concerned.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which
the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1)
Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for
the same period as the authorization to which the amounts are
transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items relating to
weapons activities necessary for national security programs
that have a higher priority than the items from which the
funds are transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project. The Secretary
shall submit to Congress a report on each conceptual design
completed under this paragraph.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $2,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any
Department of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect
property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriations Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. STOCKPILE STEWARDSHIP PROGRAM.
(a) Purpose.--The purpose of this section is to provide for
the enhanced implementation of the Department of Energy
stockpile stewardship and management program, in order to
provide greater confidence in the safety and continuing
reliability of the nuclear weapons stockpile.
(b) Funding.--Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101,
$85,000,000 shall be available to enhance the Department's
stockpile stewardship and management program for activities
determined appropriate by the Secretary of Energy, including
the following:
(1) Enhanced surveillance of the nuclear weapons stockpile.
(2) Dual revalidation of the warheads in the nuclear
weapons stockpile.
(3) Stockpile life extension programs.
(4) Production capability assurance programs for critical
non-nuclear components.
(5) Accelerating capability to produce prototype war
reserve-quality plutonium pits.
(6) Conducting subcritical tests.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall submit
to the congressional defense committees a report on the
obligations the Secretary has incurred, and plans to incur,
during fiscal year 1997 for the funds made available by
subsection (b).
SEC. 3132. MANUFACTURING INFRASTRUCTURE FOR NUCLEAR WEAPONS
STOCKPILE.
(a) General Program Requirements.--Subsection (a) of
section 3137 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 620; 42
U.S.C. 2121 note) is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Energy'';
(2) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively; and
(3) by adding at the end the following:
[[Page 2032]]
``(2) The purpose of the program carried out under
paragraph (1) shall also be to develop manufacturing
capabilities and capacities necessary to meet the
requirements specified in the annual Nuclear Weapons
Stockpile Review.''.
(b) Required Capabilities.--Subsection (b)(3) of such
section is amended to read as follows:
``(3) The capabilities of the Savannah River Site relating
to tritium recycling and fissile materials components
processing and fabrication.''.
(c) Plan and Report.--Not later than March 1, 1997, the
Secretary of Energy shall submit to Congress a report
containing a plan for carrying out the program established
under section 3137(a) of the National Defense Authorization
Act for Fiscal Year 1996, as amended by this section. The
report shall set forth the obligations that the Secretary has
incurred, and proposes to incur, during fiscal year 1997 in
carrying out the program.
(d) Funding.--Of the funds authorized to be appropriated
pursuant to section 3101, $90,000,000 shall be available for
carrying out the program established under section 3137(a) of
the National Defense Authorization Act for Fiscal Year 1996,
as so amended.
SEC. 3133. TRITIUM PRODUCTION.
(a) Acceleration of Tritium Production.--(1) The Secretary
of Energy shall, during fiscal year 1997, make a final
decision on the technologies to be utilized, and the
accelerated schedule to be adopted, for tritium production in
order to meet the requirements of the Nuclear Weapons
Stockpile Memorandum relating to tritium production,
including the new tritium production date of 2005 specified
in the Nuclear Weapons Stockpile Memorandum.
(2) In making the final decision, the Secretary shall take
into account the following:
(A) The requirements for tritium production specified in
the Nuclear Weapons Stockpile Memorandum, including, in
particular, the requirements for the ``upload hedge''
component of the nuclear weapons stockpile.
(B) The ongoing activities of the Department of Energy
relating to the evaluation and demonstration of technologies
under the accelerator reactor program and the commercial
light water reactor program.
(b) Report.--(1) Not later than April 15, 1997, the
Secretary shall submit to Congress a report that sets forth
the final decision of the Secretary under subsection (a)(1).
The report shall set forth in detail--
(A) the technologies decided on under that subsection; and
(B) the accelerated schedule for the production of tritium
decided on under that subsection.
(2) If the Secretary determines that it is not possible to
make the final decision by the date specified in paragraph
(1), the Secretary shall submit to Congress on that date a
report that explains in detail why the final decision cannot
be made by that date.
(c) New Tritium Production Facility.--The Secretary shall
commence planning and design activities and infrastructure
development for a new tritium production facility.
(d) In-Reactor Tests.--The Secretary may perform in-reactor
tests of tritium target rods as part of the activities
carried out under the commercial light water reactor program.
(e) Funding.--Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101(b)(1),
$160,000,000 shall be available for activities related to
tritium production.
SEC. 3134. MODERNIZATION AND CONSOLIDATION OF TRITIUM
RECYCLING FACILITIES.
(a) In General.--The Secretary of Energy shall carry out
activities at the Savannah River Site, South Carolina, to--
(1) modernize and consolidate the facilities for recycling
tritium for weapons; and
(2) provide a modern tritium extraction facility so as to
ensure that such facilities have a capacity to recycle
tritium from weapons that is adequate to meet the
requirements for tritium for weapons specified in the Nuclear
Weapons Stockpile Memorandum.
(b) Funding.--Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101, not more
than $9,000,000 shall be available for activities under
subsection (a).
SEC. 3135. PRODUCTION OF HIGH EXPLOSIVES.
No funds appropriated or otherwise made available to the
Department of Energy for fiscal year 1997 or any prior fiscal
year may be used to move, or prepare to move, the manufacture
and fabrication of high explosives and energetic materials
for use as components in nuclear weapons systems from the
Pantex Plant, Amarillo, Texas, to any other site or facility.
SEC. 3136. LIMITATION ON USE OF FUNDS FOR CERTAIN RESEARCH
AND DEVELOPMENT PURPOSES.
(a) Limitation.--No funds authorized to be appropriated or
otherwise made available to the Department of Energy for
fiscal year 1997 under section 3101 may be obligated or
expended for activities under the Department of Energy
Laboratory Directed Research and Development Program, or
under any Department of Energy technology transfer program or
cooperative research and development agreement, unless such
activities support the national security mission of the
Department of Energy.
(b) Annual Report.--(1) The Secretary of Energy shall
annually submit to the congressional defense committees a
report on the funds expended during the preceding fiscal year
on activities under the Department of Energy Laboratory
Directed Research and Development Program. The purpose of the
report is to permit an assessment of the extent to which such
activities support the national security mission of the
Department of Energy.
(2) Each report shall be prepared by the officials
responsible for Federal oversight of the funds expended on
activities under the program.
(3) Each report shall set forth the criteria utilized by
the officials preparing the report in determining whether or
not the activities reviewed by such officials support the
national security mission of the Department.
SEC. 3137. PROHIBITION ON FUNDING NUCLEAR WEAPONS ACTIVITIES
WITH PEOPLE'S REPUBLIC OF CHINA.
(a) Funding Prohibition.--No funds authorized to be
appropriated or otherwise available to the Department of
Energy for fiscal year 1997 may be obligated or expended for
any activity associated with the conduct of cooperative
programs relating to nuclear weapons or nuclear weapons
technology, including stockpile stewardship, safety, and use
control, with the People's Republic of China.
(b) Report.--(1) The Secretary of Energy shall prepare, in
consultation with the Secretary of Defense, a report
containing a description of all discussions and activities
between the United States and the People's Republic of China
regarding nuclear weapons matters that have occurred before
the date of the enactment of this Act and that are planned to
occur after such date. For each such discussion or activity,
the report shall include--
(A) the authority under which the discussion or activity
took or will take place;
(B) the subject of the discussion or activity;
(C) participants or likely participants;
(D) the source and amount of funds used or to be used to
pay for the discussion or activity; and
(E) a description of the actions taken or to be taken to
ensure that no classified information or unclassified
controlled information was or will be revealed, and a
determination of whether classified information or
unclassified controlled information was revealed in previous
discussions.
(2) The report shall be submitted to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives not later than January 15,
1997.
SEC. 3138. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP
PROGRAMS.
(a) Funding Prohibition.--No funds authorized to be
appropriated or otherwise available to the Department of
Energy for fiscal year 1997 may be obligated or expended to
conduct any activities associated with international
cooperative stockpile stewardship.
(b) Exception.--Subsection (a) does not apply--
(1) with respect to such activities conducted between the
United States and the United Kingdom and between the United
States and France; and
(2) to activities carried out under title XV of this Act
(relating to cooperative threat reduction with states of the
former Soviet Union).
SEC. 3139. TEMPORARY AUTHORITY RELATING TO TRANSFERS OF
DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the
office to another such program or project. Any such transfer
may be made only once in a fiscal year to or from a program
or project, and the amount transferred to or from a program
or project may not exceed $5,000,000 in a fiscal year.
(b) Determination.--A transfer may not be carried out by a
manager of a field office pursuant to the authority provided
under subsection (a) unless the manager determines that such
transfer is necessary to address a risk to health, safety, or
the environment or to assure the most efficient use of
defense environmental management funds at that field office.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary of Energy, acting through
the Assistant Secretary of Energy for Environmental
Management, shall notify Congress of any transfer of funds
pursuant to subsection (a) not later than 30 days after such
a transfer occurs.
(e) Limitation.--Funds transferred pursuant to subsection
(a) may not be used for an item for which Congress has
specifically denied funds or for a new program or project
that has not been authorized by Congress.
(f) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A project listed in subsection (b) or (c) of section
3102 being carried out by the office.
(B) A program referred to in subsection (a), (b), (c), (e),
(g), or (h) of section 3102 being carried out by the office.
(C) A project or program not described in subparagraph (A)
or (B) that is for environmental restoration or waste
management activities necessary for national security pro
[[Page 2033]]
grams of the Department of Energy, that is being carried out
by the office, and for which defense environmental management
funds have been authorized and appropriated before the date
of the enactment of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration and waste management activities necessary for
national security programs.
(g) Duration of Authority.--The authority provided under
subsection (a) to a manager of a field office shall be in
effect from the date of the enactment of this Act to
September 30, 1997.
(h) Report.--Not later than September 1, 1997, the
Secretary of Energy shall submit to the congressional defense
committees a report on the effectiveness of the authority
provided under subsection (a) in meeting an objective
specified in subsection (b). The report shall include
recommendations on whether the duration of the authority, as
provided in subsection (g), should be extended.
SEC. 3140. MANAGEMENT STRUCTURE FOR NUCLEAR WEAPONS
PRODUCTION FACILITIES AND NUCLEAR WEAPONS
LABORATORIES.
(a) Limitation on Delegation of Authority.--(1) The
Secretary of Energy, in carrying out national security
programs, may delegate specific management and planning
authority over matters relating to site operation of the
facilities and laboratories covered by this section only to
the Assistant Secretary of Energy for Defense Programs. Such
Assistant Secretary may redelegate such authority only to
managers of area offices of the Department of Energy located
at such facilities and laboratories.
(2) Nothing in this section may be construed as affecting
the delegation by the Secretary of Energy of authority
relating to reporting, management, and oversight of matters
relating to the Department of Energy generally, or safety,
environment, and health at such facilities and laboratories.
(b) Requirement to Consult with Area Offices.--The
Assistant Secretary of Energy for Defense Programs, in
exercising any delegated authority to oversee management of
matters relating to site operation of a facility or
laboratory, shall exercise such authority only after direct
consultation with the manager of the area office of the
Department of Energy located at the facility or laboratory.
(c) Requirement for Direct Communication from Area
Offices.--The Secretary of Energy, acting through the
Assistant Secretary of Energy for Defense Programs, shall
require the head of each area office of the Department of
Energy located at each facility and laboratory covered by
this section to report on matters relating to site operation
other than those matters set forth in subsection (a)(2)
directly to the Assistant Secretary of Energy for Defense
Programs, without obtaining the approval or concurrence of
any other official within the Department of Energy.
(d) Defense Programs Reorganization Plan and Report.--(1)
The Secretary of Energy shall develop a plan to reorganize
the field activities and management of the national security
functions of the Department of Energy.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the plan developed under paragraph (1). The report shall
specifically identify all significant functions performed by
the operations offices relating to any of the facilities and
laboratories covered by this section and which of those
functions could be performed--
(A) by the area offices of the Department of Energy located
at the facilities and laboratories covered by this section;
or
(B) by the Assistant Secretary of Energy for Defense
Programs.
(3) The report also shall address and make recommendations
with respect to other internal streamlining and
reorganization initiatives that the Department could pursue
with respect to military or national security programs.
(e) Defense Programs Management Council.--The Secretary of
Energy shall establish a council to be known as the ``Defense
Programs Management Council''. The Council shall advise the
Secretary on policy matters, operational concerns, strategic
planning, and development of priorities relating to the
national security functions of the Department of Energy. The
Council shall be composed of the directors of the facilities
and laboratories covered by this section and shall report
directly to the Assistant Secretary of Energy for Defense
Programs.
(f) Covered Site Operations.--For purposes of this section,
matters relating to site operation of a facility or
laboratory include matters relating to personnel, budget, and
procurement in national security programs.
(g) Covered Facilities and Laboratories.--This section
applies to the following facilities and laboratories of the
Department of Energy:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Pantex Plant, Amarillo, Texas.
(3) The Y-12 Plant, Oak Ridge, Tennessee.
(4) The Savannah River Site, Aiken, South Carolina.
(5) Los Alamos National Laboratory, Los Alamos, New Mexico.
(6) Sandia National Laboratories, Albuquerque, New Mexico.
(7) Lawrence Livermore National Laboratory, Livermore,
California.
(8) The Nevada Test Site, Nevada.
SEC. 3141. ACCELERATED SCHEDULE FOR ISOLATING HIGH-LEVEL
NUCLEAR WASTE AT THE DEFENSE WASTE PROCESSING
FACILITY, SAVANNAH RIVER SITE.
The Secretary of Energy shall accelerate the schedule for
the isolation of high-level nuclear waste in glass canisters
at the Defense Waste Processing Facility at the Savannah
River Site, South Carolina, if the Secretary determines that
the acceleration of such schedule--
(1) will achieve long-term cost savings to the Federal
Government; and
(2) could accelerate the removal and isolation of high-
level nuclear waste from long-term storage tanks at the site.
SEC. 3142. PROCESSING AND TREATMENT OF HIGH-LEVEL NUCLEAR
WASTE AND SPENT NUCLEAR FUEL RODS.
(a) In General.--(1) In order to provide for an effective
response to requirements for managing the spent nuclear fuel
described in paragraph (2), there shall be available to the
Secretary of Energy, from amounts authorized to be
appropriated pursuant to section 3102(c), the following
amounts for the purposes stated:
(A) Not more than $43,000,000 for the development and
implementation of a program to accelerate the receipt,
processing (including the H-canyon restart operations),
reprocessing, separation, reduction, deactiviation,
stabilization, isolation, and interim storage of high-level
nuclear waste associated with Department of Energy aluminum
clad spent fuel rods, foreign spent fuel rods, and other
nuclear materials.
(B) Not more than $15,000,000 for the development and
implementation of a program for the receipt, treatment,
preparation, conditioning, interim storage, and final
disposition of high-level nuclear waste and spent nuclear
fuel (including naval spent nuclear fuel), non-aluminum clad
fuel rods, and foreign fuel rods.
(2) The spent nuclear fuel referred to in paragraph (1) is
the following:
(A) Spent nuclear fuel that is sent to Department of Energy
consolidation sites pursuant to the Department of Energy
Programmatic Spent Nuclear Fuel Management and Idaho National
Engineering Laboratory Environmental Restoration and Waste
Management Programs Final Environmental Impact Statement,
dated April 1995.
(B) Spent nuclear fuel described in the Interim Management
of Nuclear Materials Environmental Impact Statement, dated
October 1995.
(C) Other spent nuclear fuel located at the Savannah River
Site as of the date of the enactment of this Act.
(3) The amounts made available under paragraph (1) are in
addition to other amounts authorized to be appropriated by
section 3102(c) for the purposes stated in subparagraphs (A)
and (B) of that paragraph.
(b) Use of Funds for Settlement Agreement.--Funds made
available pursuant to subsection (a)(1)(B) for the Idaho
National Engineering Laboratory shall be considered to be
funds made available in partial fulfillment of the terms and
obligations set forth in the settlement agreement entered
into by the United States with the State of Idaho in the
actions captioned Public Service Co. of Colorado v. Batt,
Civil No. 91-0035-S-EJL, and United States v. Batt, Civil No.
91-0054-S-EJL, in the United States District Court for the
District of Idaho and the consent order of the United States
District Court for the District of Idaho, dated October 17,
1995, that effectuates the settlement agreement.
(c) Amendments to Implementation Plan for Managing Spent
Nuclear Fuel at Certain Sites.--Section 3142(b) of the
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 622) is amended--
(1) by striking out ``April 30, 1996'' and inserting in
lieu thereof ``September 30, 1996'';
(2) by striking out ``and'' at the end of paragraph (3);
(3) by striking out the period at the end of paragraph (4)
and inserting in lieu thereof ``; and''; and
(4) by adding at the end the following new paragraph:
``(5) an assessment of the progress made in implementing
the programs.''.
(d) Near-Term Plan for Processing Spent Fuel Rods at
Savannah River Site.--(1) Not later than March 15, 1997, the
Secretary of Energy shall submit to Congress a plan for a
near-term program to process, treat, package, and dispose of
spent nuclear fuel rods described in paragraph (2) at the
Savannah River Site. The plan shall include cost projections
and resource requirements for the program and identify
program milestones for the program.
(2) The spent nuclear fuel rods to be included in the
program referred to in paragraph (1) are the following:
(A) Spent nuclear fuel rods produced at the Savannah River
Site.
(B) Spent nuclear fuel rods being sent to the site from
other Department of Energy facilities for processing, interim
storage, and other treatment.
(C) Foreign spent nuclear fuel rods being sent to the site
for processing, interim storage, and other treatment.
(e) Multi-Year Plan for Clean-Up at Savannah River Site.--
The Secretary shall develop and implement a multi-year plan
for the clean-up of nuclear waste at the Savannah River Site
that results, or has resulted, from the following:
(1) Nuclear weapons activities carried out at the site.
[[Page 2034]]
(2) The processing, treating, packaging, and disposal of
Department of Energy domestic and foreign spent nuclear fuel
rods at the site.
(f) Requirement for Continuing Operations at Savannah River
Site.--The Secretary shall continue operations and maintain a
high state of readiness at the H-canyon facility and the F-
canyon facility at the Savannah River Site, and shall provide
technical staff necessary to operate and so maintain such
facilities, pending the development and implementation of the
plan referred to in subsection (e).
SEC. 3143. PROJECTS TO ACCELERATE CLOSURE ACTIVITIES AT
DEFENSE NUCLEAR FACILITIES.
(a) In General.--The Secretary of Energy shall select and
carry out closure-acceleration projects in accordance with
this section.
(b) Purpose.--The purpose of a closure-acceleration project
shall be, within a fixed period of time, to clean up or
decommission a Department of Energy defense nuclear facility
or portion thereof and to make the facility safe by
stabilizing, consolidating, treating, or removing nuclear
materials from the facility in order to reduce significantly
or eliminate future costs at the facility.
(c) Eligible Projects.--(1) The Secretary of Energy may
establish a closure-acceleration project as eligible for
selection under subsection (e) by--
(A) developing a plan for the project that meets the
criteria under paragraph (2); and
(B) determining that the project will achieve significant
long-term cost savings to the Federal Government from the
baseline cost estimate made by the Department of Energy for
the project.
(2) A plan for a closure-acceleration project under this
section shall--
(A) define a clear, delineated scope of work for completion
of the project;
(B) demonstrate that, with respect to the site of the
proposed project, there is a regulatory agreement between the
Department of Energy and other appropriate authorities for
the implementation of environmental remediation requirements
that would allow for successful completion of the project;
(C) demonstrate, to the maximum extent possible, the
support of State and local elected officials and the public
for the project;
(D) contain performance-based provisions to be included in
the contract for the project, including--
(i) clearly stated and results-oriented performance
criteria and measures;
(ii) appropriate incentives for the contractor to meet and
exceed the performance criteria effectively and efficiently;
(iii) appropriate criteria and incentives for the
contractor to seek and engage subcontractors who may more
effectively and efficiently perform either unique and
technologically challenging tasks or routine and
interchangeable services;
(iv) specific incentives for cost savings;
(v) financial accountability; and
(vi) when appropriate, reduction of fee for failure to meet
minimum performance criteria and standards;
(E) demonstrate that the project will use new and
innovative cleanup and waste management technology with
potential for application to other locations and facilities
without requiring the development of new technologies; and
(F) demonstrate that the project can be completed within 10
years from the date of its selection.
(d) Program Administration.--The Secretary of Energy,
acting through the Assistant Secretary for Environmental
Management, shall implement a program to carry out the
provisions of this section.
(e) Selection of Projects.--(1) The Secretary of Energy
shall select closure-acceleration projects to be carried out
under this section from among those projects established as
eligible under subsection (c) that will result in the most
significant long-term costs savings to the Government and the
most significant reduction of imminent risk.
(2) For each project selected, the Secretary shall submit
to Congress a report setting forth the reasons why the
project was selected, based on the criteria under subsection
(c)(2) and paragraph (1) of this subsection.
(f) Multiyear Contracts.--Notwithstanding section 304B(d)
of the Federal Property and Administrative Services Act of
1949 (41 U.S.C.254c(d)), the Secretary of Energy may enter
into multiyear contracts to carry out projects selected under
this section for up to 10 program years.
(g) Funding.--(1) In the budget submitted to Congress under
section 1105(a) of title 31, United States Code, each year,
the President shall set forth funds for carrying out closure-
acceleration projects under this section as a separate item
in the environmental restoration and waste management account
of the Department of Energy budget.
(2) Funds appropriated for purposes of carrying out
projects under this section shall remain available until
expended.
(3) If a closure-acceleration project is being carried out
at a defense nuclear facility with funds appropriated for
such projects, the Secretary of Energy may not reduce the
funds otherwise allocated to that defense nuclear facility
for environmental restoration and waste management by reason
of the funds being used for the project at that facility.
(4) Funds appropriated for purposes of carrying out
projects under this section may not be used for an item for
which Congress has specifically denied funds or for a new
program or project that has not been authorized by Congress.
(h) Annual Report.--The Secretary of Energy shall submit
each year to Congress a report on the status of each closure-
acceleration project being carried out under this section.
The report shall include, for each such project, the
following:
(1) A description of the funding already provided for the
project.
(2) A description of the extent of the cleanup,
decommissioning, stabilization, consolidation, treatment, or
removal activities completed.
(3) A comparison of the actual results of the project to
the original proposal and the actual cost of the project to
the originally proposed cost.
(4) A description of the funding needed in future fiscal
years for completion of the project.
(i) Duration of Program.--No closure-acceleration project
selected under this section may be carried out after the
expiration of the 15-year period beginning on the date of the
enactment of this Act.
(j) Savings Provision.--Nothing in this section may be
construed to affect statutory requirements for an
environmental restoration or waste management activity or
project or to modify or otherwise affect applicable statutory
or regulatory environmental restoration and waste management
requirements, including substantive standards intended to
protect public health and the environment, nor shall anything
in this section be construed to preempt or impair any local
land use planning or zoning authority or State authority.
SEC. 3144. PAYMENT OF COSTS OF OPERATION AND MAINTENANCE OF
INFRASTRUCTURE AT NEVADA TEST SITE.
Notwithstanding any other provision of law and effective as
of September 30, 1996, the costs associated with operating
and maintaining the infrastructure at the Nevada Test Site,
Nevada, with respect to any activities initiated at the site
after that date by the Department of Defense pursuant to a
work-for-others agreement may be paid for from funds
authorized to be appropriated to the Department of Energy for
activities at the Nevada Test Site.
Subtitle D--Other Matters
SEC. 3151. REPORT ON PLUTONIUM PIT PRODUCTION AND
REMANUFACTURING PLANS.
(a) Report Requirement.--The Secretary of Energy shall
submit to the congressional defense committees a report on
plans for achieving the capability to produce and
remanufacture plutonium pits. The report shall include a
description of the baseline plan of the Department of Energy
for achieving such capability, including the following:
(1) The funding necessary, by fiscal year, to achieve the
capability.
(2) The schedule necessary to achieve the capability,
including important technical and programmatic milestones.
(3) Siting, capacity for expansion, and other issues
included in the baseline plan.
(b) Deadline.--The report required by subsection (a) shall
be submitted not later than 60 days after the date of the
enactment of this Act.
SEC. 3152. AMENDMENTS RELATING TO BASELINE ENVIRONMENTAL
MANAGEMENT REPORTS.
Section 3153 of the National Defense Authorization Act for
Fiscal Year 1994 (42 U.S.C. 7274k) is amended--
(1) in subsection (b)--
(A) by striking out the first word in the heading and
inserting in lieu thereof ``Biennial''; and
(B) in paragraph (2)(B), by inserting before ``year after
1995'' the following: ``odd-numbered''; and
(2) in subsection (d)--
(A) by striking out the first word in the heading and
inserting in lieu thereof ``Biennial'';
(B) in paragraph (1)(B), by striking out ``in each year
thereafter'' and inserting in lieu thereof ``in each odd-
numbered year thereafter''; and
(C) in paragraph (2)(A)--
(i) in the matter preceding clause (i), by striking out
``fiscal year immediately'' and inserting in lieu thereof
``two fiscal years immediately''; and
(ii) in clause (ii), by striking out ``prior fiscal year''
and inserting in lieu thereof ``prior fiscal years''.
SEC. 3153. REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR
ENVIRONMENTAL MANAGEMENT PROGRAM.
(a) Authority To Develop Future Use Plans.--The Secretary
of Energy may develop future use plans for any defense
nuclear facility at which environmental restoration and waste
management activities are occurring.
(b) Requirement To Develop Future Use Plans.--The Secretary
shall develop a future use plan for each of the following
defense nuclear facilities:
(1) Hanford Site, Richland, Washington.
(2) Rocky Flats Plant, Golden, Colorado.
(3) Savannah River Site, Aiken, South Carolina.
(4) Idaho National Engineering Laboratory, Idaho.
(c) Citizen Advisory Board.--(1) At each defense nuclear
facility for which the Secretary of Energy intends or is
required to develop a future use plan under this section and
for which no citizen advisory board has been established, the
Secretary shall establish a citizen advisory board.
(2) The Secretary may authorize the manager of a defense
nuclear facility for which a future use plan is developed
under this sec
[[Page 2035]]
tion (or, if there is no such manager, an appropriate
official of the Department of Energy designated by the
Secretary) to pay routine administrative expenses of a
citizen advisory board established for that facility. Such
payments shall be made from funds available to the Secretary
for program direction in carrying out environmental
restoration and waste management activities necessary for
national security programs.
(d) Requirement To Consult With Citizen Advisory Board.--In
developing a future use plan under this section with respect
to a defense nuclear facility, the Secretary of Energy shall
consult with a citizen advisory board established pursuant to
subsection (c) or a similar advisory board already in
existence as of the date of the enactment of this Act for
such facility, affected local governments (including any
local future use redevelopment authorities), and other
appropriate State agencies.
(e) 50-Year Planning Period.--A future use plan developed
under this section shall cover a period of at least 50 years.
(f) Deadlines.--For each facility listed in subsection (b),
the Secretary of Energy shall develop a draft future use plan
by October 1, 1997, and a final future use plan by March 15,
1998.
(g) Report.--Not later than 60 days after completing
development of a final plan for a site listed in subsection
(b), the Secretary of Energy shall submit to Congress a
report on the plan. The report shall describe the plan and
contain such findings and recommendations with respect to the
site as the Secretary considers appropriate.
(h) Savings Provisions.--(1) Nothing in this section, or
in a future use plan developed under this section with
respect to a defense nuclear facility, shall be construed as
requiring any modification to a future use plan with respect
to a defense nuclear facility that was developed before the
date of the enactment of this Act.
(2) Nothing in this section may be construed to affect
statutory requirements for an environmental restoration or
waste management activity or project or to modify or
otherwise affect applicable statutory or regulatory
environmental restoration and waste management requirements,
including substantive standards intended to protect public
health and the environment, nor shall anything in this
section be construed to preempt or impair any local land use
planning or zoning authority or State authority.
SEC. 3154. REPORT ON DEPARTMENT OF ENERGY LIABILITY AT
DEPARTMENT SUPERFUND SITES.
(a) Study.--The Secretary of Energy shall, using funds
authorized to be appropriated to the Department of Energy by
section 3102, carry out a study to determine the extent and
valuation of the injury to, destruction of, or loss of
natural resources under section 107(a)(4)(C) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)) at each site
controlled or operated by the Department that is or is
anticipated to become subject to the provisions of that Act.
(b) Conduct of Study.--(1) The Secretary shall carry out
the study using personnel of the Department or by contract
with an appropriate private entity.
(2) In determining the extent and valuation of the injury
to, destruction of, or loss of natural resources for purposes
of the study, the Secretary shall--
(A) treat the Department as a private person liable for
response, removal, and remediation costs and damages under
section 107(a)(4) of that Act (42 U.S.C. 9607(a)(4)) and
subject to an action for damages by public trustees of
natural resources under section 107(f) of that Act (42 U.S.C.
9607(f)) or by any other person pursuant to section 107(e) or
113(f) of that Act (42 U.S.C. 9607(e) and 9613(f)); and
(B) determine the value of natural resource damages
associated with each site in accordance with all regulations
promulgated under section 301(c) of that Act (42 U.S.C.
9651(c)).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report on
the study carried out under subsection (a) to the following
committees:
(1) The Committees on Environment and Public Works, Armed
Services, and Energy and Natural Resources of the Senate.
(2) The Committees on Commerce, National Security,
Transportation and Infrastructure, and Resources of the House
of Representatives.
SEC. 3155. REQUIREMENT FOR ANNUAL FIVE-YEAR BUDGET FOR THE
NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
(a) Requirement.--The Secretary of Energy shall prepare
each year a budget for the national security programs of the
Department of Energy for the five-year period beginning in
the year the budget is prepared. Each budget shall contain
the estimated expenditures and proposed appropriations
necessary to support the programs, projects, and activities
of the national security programs during the five-year period
covered by the budget and shall be at a level of detail
comparable to that contained in the budget submitted by the
President to Congress under section 1105 of title 31, United
States Code.
(b) Submittal.--The Secretary shall submit each year to the
congressional defense committees the budget required under
subsection (a) in that year at the same time as the President
submits to Congress the budget for the coming fiscal year
pursuant to such section 1105.
SEC. 3156. REQUIREMENTS FOR DEPARTMENT OF ENERGY WEAPONS
ACTIVITIES BUDGETS FOR FISCAL YEARS AFTER
FISCAL YEAR 1997.
(a) In General.--The weapons activities budget of the
Department of Energy for any fiscal year after fiscal year
1997 shall--
(1) set forth with respect to each of the activities under
the budget (including stockpile stewardship, stockpile
management, and program direction) the funding requested to
carry out each project or activity that is necessary to meet
the requirements of the Nuclear Weapons Stockpile Memorandum;
and
(2) identify specific infrastructure requirements arising
from the Nuclear Posture Review, the Nuclear Weapons
Stockpile Memorandum, and the programmatic and technical
requirements associated with the review and memorandum.
(b) Required Detail.--The Secretary of Energy shall include
in the materials that the Secretary submits to Congress in
support of the budget for any fiscal year after fiscal year
1997 that is submitted by the President pursuant to section
1105 of title 31, United States Code, the following:
(1) A long-term program plan, and a near-term program plan,
for the certification and stewardship of the nuclear weapons
stockpile.
(2) An assessment of the effects of the plans referred to
in paragraph (1) on each nuclear weapons laboratory and each
nuclear weapons production plant.
(c) Definitions.--In this section:
(1) The term ``Nuclear Posture Review'' means the
Department of Defense Nuclear Posture Review as contained in
the report of the Secretary of Defense to the President and
Congress dated February 19, 1995, or in subsequent such
reports.
(2) The term ``nuclear weapons laboratory'' means the
following:
(A) Lawrence Livermore National Laboratory, California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(3) The term ``nuclear weapons production plant'' means the
following:
(A) The Pantex Plant, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 3157. REPEAL OF REQUIREMENT RELATING TO ACCOUNTING
PROCEDURES FOR DEPARTMENT OF ENERGY FUNDS.
Section 3151 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 3089) is
repealed.
SEC. 3158. UPDATE OF REPORT ON NUCLEAR TEST READINESS
POSTURES.
Not later than June 1, 1997, the Secretary of Energy shall
submit to Congress a report which updates the report
submitted by the Secretary under section 3152 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 623). The updated report shall include the
matters specified under such section, current as of the date
of the updated report.
SEC. 3159. REPORTS ON CRITICAL DIFFICULTIES AT NUCLEAR
WEAPONS LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION PLANTS.
(a) Reports by Heads of Laboratories and Plants.--In the
event of a difficulty at a nuclear weapons laboratory or a
nuclear weapons production plant that has a significant
bearing on confidence in the safety or reliability of a
nuclear weapon or nuclear weapon type, the head of the
laboratory or plant, as the case may be, shall submit to the
Assistant Secretary of Energy for Defense Programs a report
on the difficulty. The head of the laboratory or plant shall
submit the report as soon as practicable after discovery of
the difficulty.
(b) Transmittal by Assistant Secretary.--As soon as
practicable after receipt of a report under subsection (a),
the Assistant Secretary shall transmit the report (together
with the comments of the Assistant Secretary) to the
congressional defense committees and to the Secretary of
Energy and the Secretary of Defense.
(c) Reports by Nuclear Weapons Council.--Section 179 of
title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) In addition to the responsibilities set forth in
subsection (d), the Council shall also submit to Congress a
report on any analysis conducted by the Council with respect
to difficulties at nuclear weapons laboratories or nuclear
weapons production plants that have significant bearing on
confidence in the safety or reliability of nuclear weapons or
nuclear weapon types.''.
(d) Definitions.--In this section:
(1) The term ``nuclear weapons laboratory'' means the
following:
(A) Lawrence Livermore National Laboratory, California.
(B) Los Alamos National Laboratory, New Mexico.
(C) Sandia National Laboratories.
(2) The term ``nuclear weapons production plant'' means the
following:
(A) The Pantex Plant, Texas.
(B) The Savannah River Site, South Carolina.
(C) The Kansas City Plant, Missouri.
(D) The Y-12 Plant, Oak Ridge, Tennessee.
SEC. 3160. EXTENSION OF APPLICABILITY OF NOTICE-AND-WAIT
REQUIREMENT REGARDING PROPOSED COOPERATION
AGREEMENTS.
Section 3155(b) of the National Defense Authorization Act
for Fiscal Year 1995 (42
[[Page 2036]]
U.S.C. 2153 note) is amended by striking out ``October 1,
1996'' and inserting in lieu thereof ``October 1, 1997''.
SEC. 3161. SENSE OF SENATE RELATING TO REDESIGNATION OF
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT PROGRAM.
(a) Sense of Senate.--It is the sense of the Senate that
the program of the Department of Energy known as the Defense
Environmental Restoration and Waste Management Program, and
also known as the Environmental Management Program, be
redesignated as the Defense Nuclear Waste Management Program
of the Department of Energy.
(b) Report on Redesignation.--Not later than January 31,
1997, the Secretary of Energy shall submit to the
congressional defense committees a report on the costs and
other difficulties, if any, associated with the following:
(1) The redesignation of the program known as the Defense
Environmental Restoration and Waste Management Program, and
also known as the Environmental Management Program, as the
Defense Nuclear Waste Management Program of the Department of
Energy.
(2) The redesignation of the Defense Environmental
Restoration and Waste Management Account as the Defense
Nuclear Waste Management Account.
SEC. 3162. COMMISSION ON MAINTAINING UNITED STATES NUCLEAR
WEAPONS EXPERTISE.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on Maintaining
United States Nuclear Weapons Expertise'' (in this section
referred to as the ``Commission'').
(b) Organizational Matters.--(1)(A) The Commission shall be
composed of eight members appointed from among individuals in
the public and private sectors who have significant
experience in matters relating to nuclear weapons, as
follows:
(i) Two shall be appointed by the majority leader of the
Senate (in consultation with the minority leader of the
Senate).
(ii) One shall be appointed by the minority leader of the
Senate (in consultation with the majority leader of the
Senate).
(iii) Two shall be appointed by the Speaker of the House of
Representatives (in consultation with the minority leader of
the House of Representatives).
(iv) One shall be appointed by the minority leader of the
House of Representatives (in consultation with the Speaker of
the House of Representatives).
(v) Two shall be appointed by the Secretary of Energy.
(B) Members shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(C) The chairman of the Commission shall be designated from
among the members of the Commission appointed under
subparagraph (A) by the majority leader of the Senate, in
consultation with the Speaker of the House of
Representatives, the minority leader of the Senate, and the
minority leader of the House of Representatives.
(D) Members shall be appointed not later than 60 days after
the date of the enactment of this Act.
(2) The members of the Commission shall establish
procedures for the activities of the Commission, including
procedures for calling meetings, requirements for quorums,
and the manner of taking votes.
(c) Duties.--(1) The Commission shall develop a plan for
recruiting and retaining within the Department of Energy
nuclear weapons complex such scientific, engineering, and
technical personnel as the Commission determines appropriate
in order to permit the Department to maintain over the long
term a safe and reliable nuclear weapons stockpile without
engaging in underground testing.
(2) In developing the plan, the Commission shall--
(A) identify actions that the Secretary may undertake to
attract qualified scientific, engineering, and technical
personnel to the nuclear weapons complex of the Department;
and
(B) review and recommend improvements to the on-going
efforts of the Department to attract such personnel to the
nuclear weapons complex.
(d) Report.--Not later than March 15, 1998, the Commission
shall submit to the Secretary and to Congress a report
containing the plan developed under subsection (c). The
report may include recommendations for legislation and
administrative action.
(e) Commission Personnel Matters.--(1) Each member of the
Commission who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel
time) during which such member is engaged in the performance
of the duties of the Commission. All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Commission.
(3) The Commission may, without regard to the civil service
laws and regulations, appoint and terminate such personnel as
may be necessary to enable the Commission to perform its
duties. The Commission may fix the compensation of the
personnel of the Commission without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates.
(4) Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status or
privilege.
(f) Termination.--The Commission shall terminate 30 days
after the date on which the Commission submits its report
under subsection (d).
(g) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission.
(h) Funding.--Of the amounts authorized to be appropriated
pursuant to section 3101, not more than $1,000,000 shall be
available for the activities of the Commission under this
section. Funds made available to the Commission under this
section shall remain available until expended.
SEC. 3163. SENSE OF CONGRESS REGARDING RELIABILITY AND SAFETY
OF REMAINING NUCLEAR FORCES.
(a) Findings.--Congress makes the following findings:
(1) The United States is committed to proceeding with a
robust, science-based stockpile stewardship program with
respect to production of nuclear weapons, and to maintaining
nuclear weapons production capabilities and capacities, that
are adequate--
(A) to ensure the safety, reliability, and performance of
the United States nuclear arsenal; and
(B) to meet such changing national security requirements as
may result from international developments or technical
problems with nuclear warheads.
(2) The United States is committed to reestablishing and
maintaining production facilities for nuclear weapons
components at levels that are sufficient--
(A) to satisfy requirements for the safety, reliability,
and performance of United States nuclear weapons; and
(B) to demonstrate and sustain production capabilities and
capacities.
(3) The United States is committed to maintaining the
nuclear weapons laboratories and protecting core nuclear
weapons competencies.
(4) The United States is committed to ensuring rapid access
to a new production source of tritium within the next decade,
as it currently has no meaningful capability to produce
tritium, a component that is essential to the performance of
modern nuclear weapons.
(5) The United States reserves the right, consistent with
United States law, to resume underground nuclear testing to
maintain confidence in the United States stockpile of nuclear
weapons if warhead design flaws or aging of nuclear weapons
result in problems that a robust stockpile stewardship
program cannot solve.
(6) The United States is committed to funding the Nevada
Test Site at a level that maintains the ability of the United
States to resume underground nuclear testing within one year
after a national decision to do so is made.
(7) The United States reserves the right to invoke the
supreme national interest of the United States and withdraw
from any future arms control agreement to limit underground
nuclear testing.
(b) Sense of Congress Regarding Presidential Consultation
With Congress.--It is the sense of Congress that the
President should consult closely with Congress regarding
United States policy and practices to ensure confidence in
the safety, reliability, and performance of the nuclear
stockpile of the United States.
(c) Sense of Congress Regarding Notification and
Consultation.--It is the sense of Cpongress that, upon a
determination by the President that a problem with the
safety, reliability, or performance of the nuclear stockpile
has occurred and that the problem cannot be corrected within
the stockpile stewardship program, the President shall--
(1) immediately notify Congress of the problem; and
(2) submit to Congress in a timely manner a plan for
corrective action with respect to the problem, including--
(A) a technical description of the activities required
under the plan; and
(B) if underground testing of nuclear weapons would assist
in such corrective action, an assessment of the advisability
of withdrawing from any treaty that prohibits underground
testing of nuclear weapons.
SEC. 3164. STUDY ON WORKER PROTECTION AT THE MOUND FACILITY.
(a) Report.--Not later than March 15, 1997, the Secretary
of Energy shall submit to the congressional defense
committees a report regarding the status of projects and
programs to improve worker safety and health at the Mound
Facility in Miamisburg, Ohio.
(b) Matters Covered.--The report shall include the
following:
(1) The status of actions completed in fiscal year 1996.
(2) The status of actions completed or proposed to be
completed in fiscal years 1997 and 1998.
(3) A description of the fiscal year 1998 budget request
for worker safety and health at the Mound Facility.
[[Page 2037]]
(4) An accounting of expenditures for worker safety and
health at the Mound Facility by fiscal year from fiscal year
1994 through and including fiscal year 1996.
SEC. 3165. FISCAL YEAR 1998 FUNDING FOR GREENVILLE ROAD
IMPROVEMENT PROJECT, LIVERMORE, CALIFORNIA.
(a) Funding.--The Secretary of Energy shall include in the
budget for fiscal year 1998 submitted by the Secretary of
Energy to the Office of Management and Budget a request for
sufficient funds to pay the United States portion of the cost
of transportation improvements under the Greenville Road
Improvement Project, Livermore, California.
(b) Cooperation with Livermore, California.--The Secretary
shall work with the city of Livermore, California, to
determine the cost of the transportation improvements
referred to in subsection (a).
SEC. 3166. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL TO DEPARTMENT OF ENERGY NUCLEAR
WEAPONS COMPLEX.
(a) Funding.--Subject to subsection (b), of the funds
authorized to be appropriated pursuant to section 3101(b),
$5,000,000 may be used for conducting the fellowship program
for the development of skills critical to the ongoing mission
of the Department of Energy nuclear weapons complex required
by section 3140 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 621; 42
U.S.C. 2121 note).
(b) Notice and Wait.--The Secretary of Energy may not
obligate or expend funds under subsection (a) for the
fellowship program referred to in that subsection until--
(1) the Secretary submits to Congress a report setting
forth--
(A) the actions the Department has taken to implement the
fellowship program;
(B) the amount the Secretary proposes to obligate;
(C) the purposes for which such amount will be obligated;
and
(2) a period of 21 days elapses from the date of the
receipt of the report by Congress.
Subtitle E--Defense Nuclear Environmental Cleanup and Management
SEC. 3171. PURPOSE.
The purpose of this subtitle is to provide for the
expedited environmental restoration and waste management of
defense nuclear facilities through the use of cost-effective
management mechanisms and innovative technologies.
SEC. 3172. APPLICABILITY.
(a) In General.--The provisions of this subtitle shall
apply to the following defense nuclear facilities:
(1) Any defense nuclear facility for which the fiscal year
1996 environmental management budget was $350,000,000 or
more.
(2) Any other defense nuclear facility if--
(A) the chief executive officer of the State in which the
facility is located submits to the Secretary a request that
the facility be covered by the provisions of this subtitle;
and
(B) the Secretary approves the request.
(b) Limitation.--The Secretary may not approve a request
under subsection (a)(2) until 60 days after the date on which
the Secretary notifies Congress of the Secretary's receipt of
the request.
SEC. 3173. SITE MANAGER.
(a) Appointment.--(1) Subject to paragraph (2), the
Secretary shall expeditiously appoint a Site Manager for each
defense nuclear facility (in this subtitle referred to as the
``Site Manager'').
(2) In the case of a defense nuclear facility at which
another program, in addition to environmental management
operations, is carried out, and such other program is subject
to management by a site manager, field office manager, or
operations office manager, the Secretary shall appoint such
manager to be the Site Manager for such facility for purposes
of this subtitle.
(b) Authority.--(1) In addition to other authorities
provided for in this Act, the Secretary may delegate to the
Site Manager of a defense nuclear facility authority to
oversee and direct environmental management operations at the
facility, including the authority to--
(A) enter into and modify contractual agreements to enhance
environmental restoration and waste management at the
facility;
(B) request that the Department headquarters submit to
Congress a reprogramming package shifting funds among
accounts in order to facilitate the most efficient and timely
environmental restoration and waste management of the
facility, and, in the event that the Department headquarters
does not act upon the request within 60 days, submit such
request to the appropriate congressional committees for
review;
(C) subject to paragraph (2), negotiate amendments to
environmental agreements for the Department;
(D) manage Department personnel at the facility;
(E) consider the costs, risk reduction benefits, and other
benefits for the purposes of ensuring protection of human
health and the environment or safety, with respect to any
environmental remediation activity the cost of which exceeds
$25,000,000; and
(F) have assessments prepared for environmental restoration
activities (in several documents or a single document, as
determined by the Site Manager).
(2) In using the authority described in paragraph (1)(C), a
Site Manager may not negotiate an amendment that is expected
to result in additional life cycle costs to the Department
without the approval of the Secretary.
(3) In using any authority described in paragraph (1), a
Site Manager of a facility shall consult with the State where
the facility is located and the advisory board for the
facility.
(4) The delegation of any authority pursuant to this
subsection shall not be construed as restricting the
Secretary's authority to delegate other authorities as
necessary.
(c) Information to Secretary.--The Site Manager of a
defense nuclear facility shall regularly inform the
Secretary, Congress, and the advisory board for the facility
of the progress made by the Site Manager to achieve the
expedited environmental restoration and waste management of
the facility.
SEC. 3174. DEPARTMENT OF ENERGY ORDERS.
An order imposed after the date of the enactment of this
Act relating to the execution of environmental restoration,
waste management, or technology development activities at a
defense nuclear facility under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) may be imposed by the Secretary at
the defense nuclear facility only if the Secretary finds that
the order is necessary for the protection of human health and
the environment or safety, the fulfillment of current legal
requirements, or the conduct of critical administrative
functions.
SEC. 3175. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF
DEFENSE NUCLEAR WASTE.
(a) In General.--The Site Manager of each defense nuclear
facility shall promote the deployment of innovative
environmental technologies for remediation of defense nuclear
waste at the facility.
(b) Criteria.--To carry out subsection (a), the Site
Manager of a defense nuclear facility shall establish a
program at the facility for the testing and deployment of
innovative environmental technologies for the remediation of
defense nuclear waste at the facility. In establishing such a
program, the Site Manager may--
(1) establish a simplified, standardized, and timely
process for the testing, verification, certification, and
deployment of environmental technologies;
(2) solicit applications to test and deploy environmental
technologies suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) consult and cooperate with the heads of existing
programs at the facility for the verification and
certification of environmental technologies at the facility;
(4) pay the costs of the demonstration of such
technologies;
(5) enter into contracts and other agreements with other
public and private entities to deploy environmental
technologies at the facility; and
(6) include incentives, such as product performance
specifications, in contracts to encourage the implementation
of innovative environmental technologies.
(c) Follow-on Contracts.--(1) If the Secretary and a person
demonstrating a technology under the program enter into a
contract for remediation of nuclear waste at a defense
nuclear facility covered by this subtitle, or at any other
Department facility, as a follow-on to the demonstration of
the technology, the Secretary shall ensure that the contract
provides for the Secretary to recoup from the contractor the
costs incurred by the Secretary pursuant to subsection (b)(6)
for the demonstration.
(2) No contract between the Department and a contractor for
the demonstration of technology under subsection (b) may
provide for reimbursement of the costs of the contractor on a
cost plus fee basis.
(d) Safe Harbors.--In the case of an environmental
technology tested, verified, certified, and deployed at a
defense nuclear facility under a program established under
subsection (b), the site manager of another defense nuclear
facility may request the Secretary to waive or limit
contractual or Department regulatory requirements that would
otherwise apply in implementing the same environmental
technology at such other facility.
SEC. 3176. PERFORMANCE-BASED CONTRACTING.
(a) Program.--The Secretary shall develop and implement a
program for performance-based contracting for contracts
entered into for environmental remediation at defense nuclear
facilities. The program shall ensure that, to the maximum
extent practicable and appropriate, such contracts include
the following:
(1) Clearly stated and results oriented performance
criteria and measures.
(2) Appropriate incentives for contractors to meet or
exceed the performance criteria effectively and efficiently.
(3) Appropriate criteria and incentives for contractors to
seek and engage subcontractors who may more effectively and
efficiently perform either unique and technologically
challenging tasks or routine and interchangeable services.
(4) Specific incentives for cost savings.
(5) Financial accountability.
(6) When appropriate, reduction of fee for failure to meet
minimum performance criteria and standards.
(b) Criteria and Measures.--Performance criteria and
measures should take into consideration, at a minimum, the
following: managerial control; elimination or reduction of
risk to public health and the environment; workplace safety;
financial control; goal-oriented work scope; use of
innovative and al
[[Page 2038]]
ternative technologies and techniques that result in cleanups
being performed less expensively, more quickly, and within
quality parameters; and performing within benchmark cost
estimates.
(c) Consultation.--In implementing this section, the
Secretary shall consult with interested parties.
(d) Deadline.--The Secretary shall implement this section
not later than October 1, 1997, unless the Secretary submits
to Congress before that date a report with a schedule for
completion of action under this section.
SEC. 3177. DESIGNATION OF COVERED FACILITIES AS ENVIRONMENTAL
CLEANUP DEMONSTRATION AREAS.
(a) Designation.--Each defense nuclear facility is hereby
designated as an environmental cleanup demonstration area to
carry out the purposes of this subtitle, including the
utilization and evaluation of new technologies to be used in
environmental restoration and remediation at other defense
nuclear facilities.
(b) Sense of Congress.--It is the sense of Congress that
Federal and State regulatory agencies, members of the
communities surrounding any defense nuclear facility, and
other affected parties with respect to the facility should
continue to--
(1) develop expedited and streamlined processes and systems
for cleaning up such facility;
(2) eliminate unnecessary administrative complexity and
unnecessary duplication of regulation with respect to the
clean up of such facility;
(3) proceed expeditiously and cost-effectively with
environmental restoration and remediation activities at such
facility;
(4) consider future land use in selecting environmental
clean up remedies at such facility; and
(5) identify and recommend to Congress changes in law
needed to expedite the clean up of such facility.
SEC. 3178. DEFINITIONS.
In this subtitle:
(1) The term ``Secretary'' means the Secretary of Energy.
(2) The term ``Department'' means the Department of Energy.
(3) The term ``defense nuclear facility'' has the meaning
given the term ``Department of Energy defense nuclear
facility'' in section 318 of the Atomic Energy Act of 1954
(42 U.S.C. 2286g).
SEC. 3179. TERMINATION.
This subtitle is repealed effective September 30, 2001.
SEC. 3180. REPORT.
Not later than September 30, 2000, the Secretary shall
submit to Congress a report on the effectiveness of this
subtitle in expediting environmental restoration and waste
management of defense nuclear facilities. The report shall
include recommendations on whether this subtitle should
remain in effect beyond September 30, 2001.
Subtitle F--Waste Isolation Pilot Plant Land Withdrawal Act Amendments
SEC. 3181. SHORT TITLE.
This subtitle may be cited as the ``Waste Isolation Pilot
Plant Land Withdrawal Amendment Act''.
SEC. 3182. DEFINITIONS.
Section 2 of the Waste Isolation Pilot Plant Land
Withdrawal Act (Public Law 102-579; 106 Stat. 4777) is
amended--
(1) by striking paragraphs (18) and (19); and
(2) by redesignating paragraphs (20), (21), and (22), as
paragraphs (18), (19), and (20), respectively.
SEC. 3183. MANAGEMENT PLAN.
Section 4(b)(5)(B) of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4781) is amended by striking ``or
with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)''.
SEC. 3184. REPEAL OF TEST PHASE AND RETRIEVAL PLANS.
(a) Repeal.--Section 5 of the Waste Isolation Pilot Plant
Land Withdrawal Act (106 Stat. 4782) is repealed.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act (106 Stat. 4777) is amended by striking out
the item relating to section 5.
SEC. 3185. TEST PHASE ACTIVITIES.
Section 6 of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4783) is amended--
(1) by repealing subsections (a) and (b);
(2) by repealing paragraph (1) of subsection (c);
(3) by redesignating subsection (c) as subsection (a) and
in that subsection--
(A) by repealing subparagraph (A) of paragraph (2);
(B) by striking the subsection heading and the matter
immediately following the subsection heading and inserting
``Study.--The following study shall be conducted:'';
(C) by striking ``(2) Remote-handled waste.--'';
(D) by striking ``(B) Study.--'';
(E) by redesignating clauses (i), (ii), and (iii) as
paragraphs (1), (2), and (3), respectively; and
(F) by realigning the margins of such clauses to be margins
of paragraphs;
(4) in subsection (d), by striking ``, during the test
phase, a biennial'' and inserting ``a'' and by striking ``,
consisting of a documented analysis of'' and inserting ``as
necessary to demonstrate''; and
(5) by redesignating subsection (d) as subsection (b).
SEC. 3186. DISPOSAL OPERATIONS.
Subsection (b) of section 7 of the Waste Isolation Pilot
Plant Land Withdrawal Act (106 Stat. 4785) is amended to read
as follows:
``(b) Requirements for Commencement of Disposal
Operations.--The Secretary may commence emplacement of
transuranic waste underground for disposal at WIPP only upon
completion of--
``(1) the Administrator's certification under section
8(d)(1) that the WIPP facility will comply with the final
disposal regulations;
``(2) the acquisition by the Secretary (whether by
purchase, condemnation, or otherwise) of Federal Oil and Gas
Leases No. NMNM 02953 and No. NMNM 02953C, unless the
Administrator determines under section 4(b)(5) that such
acquisition is not required; and
``(3) the 30-day period beginning on the date on which the
Secretary notifies Congress that the requirements of section
9(a)(1) have been met.''.
SEC. 3187. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL
REGULATIONS.
(a) Section 8(d)(1).--Section 8(d)(1) of the Waste
Isolation Pilot Plant Land Withdrawal Act (106 Stat. 4786) is
amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Application for compliance.--Within 30 days after the
date of the enactment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act, the Secretary shall provide to
Congress a schedule for the incremental submission of
chapters of the application to the Administrator beginning no
later than 30 days after the date of the submittal of the
schedule. The Administrator shall review the submitted
chapters and provide requests for additional information from
the Secretary as needed for completeness within 45 days of
the receipt of each chapter. The Administrator shall notify
Congress of such requests. The schedule shall call for the
Secretary to submit all chapters to the Administrator no
later than October 31, 1996. The Administrator may at any
time request additional information from the Secretary as
needed to certify, pursuant to subparagraph (B), whether the
WIPP facility will comply with the final disposal
regulations.''; and
(2) in subparagraph (D), by striking ``after the
application is'' and inserting ``after the full application
has been''.
(b) Section 8(d) (2) and (3).--Section 8(d) of such Act is
amended by striking paragraphs (2) and (3), by striking ``(1)
Compliance with disposal regulations.--'' and by
redesignating subparagraphs (A), (B), (C), and (D) of
paragraph (1) as paragraph (1), (2), (3), and (4),
respectively.
(c) Section 8(g).--Section 8(g) of such Act is amended to
read as follows:
``(g) Engineered and Natural Barriers, Etc.--The Secretary
shall use both engineered and natural barriers and any other
measures (including waste form modifications) to the extent
necessary at WIPP to comply with the final disposal
regulations.''.
SEC. 3188. COMPLIANCE WITH ENVIRONMENTAL LAWS AND
REGULATIONS.
(a) Section 9(a)(1).--Section 9(a)(1) of the Waste
Isolation Pilot Plant Land Withdrawal Act (106 Stat. 4788) is
amended by adding after and below subparagraph (H) the
following: ``With respect to transuranic mixed waste
designated by the Secretary for disposal at WIPP, such waste
is exempt from treatment standards promulgated pursuant to
section 3004(m) of the Solid Waste Disposal Act (42 U.S.C.
6924(m)) and shall not be subject to the land disposal
prohibitions in section 3004 (d), (e), (f), and (g) of the
Solid Waste Disposal Act.''.
(b) Section 9(b).--Subsection (b) of section 9 of such Act
is repealed.
(c) Section 9(c)(2).--Subsection (c)(2) of section 9 of
such Act is repealed.
(d) Section 14.--Section 14 of such Act (106 Stat. 4791) is
amended--
(1) in subsection (a), by striking ``No provision'' and
inserting ``Except for the exemption from the land disposal
restrictions described in section 9(a)(1), no provision'';
and
(2) in subsection (b)(2), by striking ``including all terms
and conditions of the No-Migration Determination'' and
inserting ``except that the transuranic mixed waste
designated by the Secretary for disposal at WIPP is exempt
from the land disposal restrictions described in section
9(a)(1)''.
SEC. 3189. SENSE OF CONGRESS ON COMMENCEMENT OF EMPLACEMENT
OF TRANSURANIC WASTE.
(a) In General.--Section 10 of the Waste Isolation Pilot
Plant Land Withdrawal Act (106 Stat. 4789) is amended to read
as follows:
``SEC. 10. SENSE OF CONGRESS ON COMMENCEMENT OF EMPLACEMENT
OF TRANSURANIC WASTE.
``It is the sense of Congress that the Secretary should
complete all actions required under section 7(b) to commence
emplacement of transuranic waste underground for disposal at
WIPP not later than November 30, 1997, provided that before
that date all applicable health and safety standards have
been met and all applicable laws have been complied with.''.
(b) Clerical Amendment.--The item relating to section 10 in
the table of contents in section 1 is amended to read as
follows:
``Sec. 10. Sense of Congress on commencement of emplacement of
transuranic waste.''.
SEC. 3190. DECOMMISSIONING OF WIPP.
Section 13 of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4791) is amended--
(1) by striking subsection (a); and
(2) by striking ``(b) Management Plan for the Withdrawal
After Decommissioning.--
[[Page 2039]]
Within 5 years after the date of the enactment of this Act,
the'' and inserting ``The''.
SEC. 3191. AUTHORIZATIONS FOR ECONOMIC ASSISTANCE AND
MISCELLANEOUS PAYMENTS.
(a) Authorization Amendment.--Section 15(a) of the Waste
Isolation Pilot Plant Land Withdrawal Act (106 Stat. 4791) is
amended--
(1) in the subsection caption, by striking ``15-Year'' and
inserting ``14-Year''; and
(2) by striking ``15 fiscal years beginning with the fiscal
year in which the transport of transuranic waste to WIPP is
initiated'' and inserting ``14 fiscal years beginning with
fiscal year 1998''.
(b) Requirement for Separate Authorizations.--Such section
15(a) is further amended by adding at the end the following:
``The authorization of appropriations for funds for payments
to the State under the preceding sentence shall be separate
from any authorization of appropriations of funds for
WIPP.''.
(c) Fiscal Year 1997 Funding.--Of the amount authorized to
be appropriated for the Department of Energy by section
3102(b), $20,000,000 shall be available for the purpose of a
payment by the Secretary of Energy to the State of New Mexico
for road improvements in connection with the Waste Isolation
Pilot Plant.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1997, $17,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B--Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
Subtitle A--Authorization of Disposals and Use of Funds
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
1997, the National Defense Stockpile Manager may obligate up
to $60,000,000 of the funds in the National Defense Stockpile
Transaction Fund for the authorized uses of such funds under
section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)).
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3303. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the
President shall dispose of materials contained in the
National Defense Stockpile and specified in the table in
subsection (b) so as to result in receipts to the United
States in amounts equal to--
(1) $81,000,000 during fiscal year 1997; and
(2) $612,000,000 during the ten-fiscal year period ending
September 30, 2006.
(b) Limitation on Disposal Quantity.--The total quantities
of materials authorized for disposal by the President under
subsection (a) may not exceed the amounts set forth in the
following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Aluminum.................................. 62,881 short tons
Cobalt.................................... 26,000,000 pounds contained
Columbium Ferro........................... 930,911 pounds contained
Germanium Metal........................... 40,000 kilograms
Indium.................................... 35,000 troy ounces
Palladium................................. 15,000 troy ounces
Platinum.................................. 10,000 troy ounces
Rubber, Natural........................... 125,138 long tons
Tantalum, Carbide Powder.................. 6,000 pounds contained
Tantalum, Minerals........................ 750,000 pounds contained
Tantalum, Oxide........................... 40,000 pounds contained
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may
not dispose of materials under subsection (a) to the extent
that the disposal will result in--
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for
disposal; or
(2) avoidable loss to the United States.
(d) Treatment of Receipts.--Notwithstanding section 9 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h), funds received as a result of the disposal of
materials under subsection (a) shall be--
(1) deposited into the general fund of the Treasury; and
(2) to the extent necessary, used to offset the revenues
that will be lost as a result of execution of the amendments
made by section 4303(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658).
(e) Qualifying Offsetting Legislation.--This section is
specifically enacted as qualifying offsetting legislation for
the purpose of offsetting fully the estimated revenues lost
as a result of the amendments made by subsection (a) of
section 4303 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658), and as
such is deemed to satisfy the conditions in subsection (b) of
such section.
(f) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal
authority and is in addition to, and shall not affect, any
other disposal authority provided by law regarding the
materials specified in such subsection.
Subtitle B--Programmatic Change
SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIREMENTS.
(a) National Emergency Planning Assumptions.--Section 14 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
``(b) Each report under this section shall set forth the
national emergency planning assumptions used by the Secretary
in making the Secretary's recommendations under subsection
(a)(1) with respect to stockpile requirements. The Secretary
shall base the national emergency planning assumptions on a
military conflict scenario consistent with the scenario used
by the Secretary in budgeting and defense planning purposes.
The assumptions to be set forth include assumptions relating
to each of the following:
``(1) The length and intensity of the assumed military
conflict.
``(2) The military force structure to be mobilized.
``(3) The losses anticipated from enemy action.
``(4) The military, industrial, and essential civilian
requirements to support the national emergency.
``(5) The availability of supplies of strategic and
critical materials from foreign sources during the
mobilization period, the military conflict, and the
subsequent period of replenishment, taking into consideration
possible shipping losses.
``(6) The domestic production of strategic and critical
materials during the mobilization period, the military
conflict, and the subsequent period of replenishment, taking
into consideration possible shipping losses.
``(7) Civilian austerity measures required during the
mobilization period and military conflict.
``(c) The stockpile requirements shall be based on those
strategic and critical materials necessary for the United
States to replenish or replace, within three years of the end
of the military conflict scenario required under subsection
(b), all munitions, combat support items, and weapons systems
that would be required after such a military conflict.
``(d) The Secretary shall also include in each report under
this section an examination of the effect that alternative
mobilization periods under the military conflict scenario
required under subsection (b), as well as a range of other
military conflict scenarios addressing potentially more
serious threats to national security, would have on the
Secretary's recommendations under sub
[[Page 2040]]
section (a)(1) with respect to stockpile requirements.''.
(b) Conforming Amendment.--Section 2 of such Act (50 U.S.C.
98a) is amended by striking out subsection (c) and inserting
in lieu thereof the following new subsection:
``(c) The purpose of the National Defense Stockpile is to
serve the interest of national defense only. The National
Defense Stockpile is not to be used for economic or budgetary
purposes.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1996.
SEC. 3312. NOTIFICATION REQUIREMENTS.
(a) Proposed Changes in Stockpile Quantities.--Section
3(c)(2) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98b(c)(2)) is amended--
(1) by striking out ``effective on or after the 30th
legislative day following'' and inserting in lieu thereof
``after the end of the 45-day period beginning on''; and
(2) by striking out the last sentence.
(b) Waiver of Acquisition and Disposal Requirements.--
Section 6(d)(1) of such Act (50 U.S.C. 98e(d)(1)) is amended
by striking out ``thirty days'' and inserting in lieu thereof
``45 days''.
(c) Time To Begin Disposal.--Section 6(d)(2) of such Act
(50 U.S.C. 98e(d)(2)) is amended by striking out ``thirty
days'' and inserting in lieu thereof ``45 days''.
SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS.
Section 13 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-4) is amended--
(1) by striking out ``as a Communist-dominated country or
area''; and
(2) by striking out ``such Communist-dominated countries or
areas'' and inserting in lieu thereof ``a country or area
listed in such general note''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1997.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the
Secretary of Energy $149,500,000 for fiscal year 1997 for the
purpose of carrying out activities under chapter 641 of title
10, United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title). Funds
appropriated pursuant to such authorization shall remain
available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1997.
Notwithstanding section 7430(b)(2) of title 10, United
States Code, during fiscal year 1997, any sale of any part of
the United States share of petroleum produced from Naval
Petroleum Reserves Numbered 1, 2, and 3 shall be made at a
price not less than 90 percent of the current sales price, as
estimated by the Secretary of Energy, of comparable petroleum
in the same area.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application
of Canal Zone Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention
remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed
employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
Subtitle A--Authorization of Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1997''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to use amounts in the Panama
Canal Revolving Fund to make such expenditures within the
limits of funds and borrowing authority available to it in
accordance with law, and to make such contracts and
commitments, as may be necessary under the Panama Canal Act
of 1979 (22 U.S.C. 3601 et seq.) for the operation,
maintenance, improvement, and administration of the Panama
Canal for fiscal year 1997.
(b) Limitations.--For fiscal year 1997, the Panama Canal
Commission may expend from funds in the Panama Canal
Revolving Fund not more than $73,000 for reception and
representation expenses, of which--
(1) not more than $18,000 may be used for official
reception and representation expenses of the Supervisory
Board of the Commission;
(2) not more than $10,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $45,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provisions of law, the funds
available to the Commission shall be available for the
purchase and transportation to the Republic of Panama of
passenger motor vehicles, including large, heavy-duty
vehicles.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made
only in accordance with the Panama Canal Treaties of 1977 and
any law of the United States implementing those treaties.
Subtitle B--Amendments to Panama Canal Act of 1979
SEC. 3521. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the
``Panama Canal Act Amendments of 1996''.
(b) References.--Except as otherwise expressly provided,
whenever in this subtitle an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Panama Canal Act of 1979
(22 U.S.C. 3601 et seq.).
SEC. 3522. DEFINITIONS AND RECOMMENDATION FOR LEGISLATION.
Section 3 (22 U.S.C. 3602) is amended--
(1) in subsection (b), by inserting ``and'' after the
semicolon at the end of paragraph (4), by striking the
semicolon at the end of paragraph (5) and inserting a period,
and striking paragraphs (6) and (7); and
(2) by striking subsection (d).
SEC. 3523. ADMINISTRATOR.
(a) In General.--Section 1103 (22 U.S.C. 3613) is amended
to read as follows:
``administrator
``Sec. 1103. (a) There shall be an Administrator of the
Commission who shall be appointed by the President, by and
with the advice and consent of the Senate, and shall hold
office at the pleasure of the President.
``(b) The Administrator shall be paid compensation in an
amount, established by the Board, not to exceed level III of
the Executive Schedule.''.
(b) Savings Provisions.--Nothing in this section (or
section 3549(3)) shall be considered to affect--
(1) the tenure of the individual serving as Administrator
of the Commission on the day before subsection (a) takes
effect; or
(2) until modified under section 1103(b) of the Panama
Canal Act of 1979, as amended by subsection (a), the
compensation of the individual so serving.
SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.
(a) In General.--Section 1104 (22 U.S.C. 3614) is amended
to read as follows:
``deputy administrator
``Sec. 1104. (a) There shall be a Deputy Administrator of
the Commission who shall be appointed by the President. The
Deputy Administrator shall perform such duties as may be
prescribed by the Board.
``(b) The Deputy Administrator shall be paid compensation
at a rate of pay, established by the Board, which does not
exceed the rate of basic pay in effect for level IV of the
Executive Schedule, and, if eligible, shall be paid the
overseas recruitment and retention differential provided for
in section 1217 of this Act.''.
(b) Savings Provisions.--Nothing in this section shall be
considered to affect--
(1) the tenure of the individual serving as Deputy
Administrator of the Commission on the day before subsection
(a) takes effect; or
(2) until modified under section 1104(b) of the Panama
Canal Act of 1979, as amended by subsection (a), the
compensation of the individual so serving.
SEC. 3525. OFFICE OF OMBUDSMAN.
Section 1113 (22 U.S.C. 3623) is amended by striking
subsection (d) and redesignating subsection (e) as subsection
(d).
SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.
Section 1202 (22 U.S.C. 3642) is amended to read as
follows:
``appointment and compensation; duties
``Sec. 1202. (a) In accordance with this chapter, the
Commission may appoint, fix
[[Page 2041]]
the compensation of, and define the authority and duties of
officers and employees (other than the Administrator and
Deputy Administrator) necessary for the management,
operation, and maintenance of the Panama Canal and its
complementary works, installations, and equipment.
``(b) Individuals serving in any Executive agency (other
than the Commission) or the Smithsonian Institution,
including individuals in the uniformed services, may, if
appointed under this section or section 1104 of this Act,
serve as officers or employees of the Commission.''.
SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.
Section 1209 (22 U.S.C. 3649) is amended to read as
follows:
``applicability of certain benefits
``Sec. 1209. Chapter 81 of title 5, United States Code,
relating to compensation for work injuries, chapters 83 and
84 of such title 5, relating to retirement, chapter 87 of
such title 5, relating to life insurance, and chapter 89 of
such title 5, relating to health insurance, are applicable to
Commission employees, except any individual--
``(1) who is not a citizen of the United States;
``(2) whose initial appointment by the Commission occurs
after October 1, 1979; and
``(3) who is covered by the Social Security System of the
Republic of Panama pursuant to any provision of the Panama
Canal Treaty of 1977 and related agreements.''.
SEC. 3528. TRAVEL AND TRANSPORTATION.
Section 1210 (22 U.S.C. 3650) is amended to read as
follows:
``travel and transportation
``Sec. 1210. (a) Subject to subsections (b) and (c), the
Commission may pay travel and transportation expenses for
employees in accordance with subchapter II of chapter 57 of
title 5, United States Code.
``(b) For an employee to whom section 1206 applies, the
Commission may pay travel and transportation expenses
associated with vacation leave for the employee and the
immediate family of the employee notwithstanding requirements
regarding periods of service established by subchapter II of
chapter 57 of title 5, United States Code, or the regulations
promulgated thereunder.
``(c) For an employee to whom section 1206 does not apply,
the Commission may pay travel and transportation expenses
associated with vacation leave for the employee and the
immediate family of the employee notwithstanding requirements
regarding a written agreement concerning the duration of a
continuing service obligation established by subchapter II of
chapter 57 of title 5, United States Code, or the regulations
promulgated thereunder.
``(d)(1) Notwithstanding any other provision of law (except
paragraph (2)), the Commission may contract with Panamanian
carriers registered under the laws of the Republic of Panama
to provide air transportation to officials and employees of
the Commission who are citizens of the Republic of Panama.
``(2) Notwithstanding paragraph (1), an official or
employee of the Commission referred to in paragraph (1) may
elect, for security or other reasons, to travel by an air
carrier holding a certificate under section 41102 of title
49, United States Code.''.
SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.
Subparagraph (B) of section 1211(1) (22 U.S.C. 3651(1)(B))
is amended to read as follows:
``(B) any other Executive agency or the Smithsonian
Institution, to the extent of any election in effect under
section 1212(b) of this Act;''.
SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND OTHER
EMPLOYMENT REQUIREMENTS.
(a) In General.--Section 1212 (22 U.S.C. 3652) is amended
to read as follows:
``panama canal employment system; merit and other employment
requirements
``Sec. 1212. (a) The Commission shall establish a Panama
Canal Employment System and prescribe the regulations
necessary for its administration. The Panama Canal Employment
System shall--
``(1) be established in accordance with and be subject to
the provisions of the Panama Canal Treaty of 1977 and related
agreements, the provisions of this chapter, and any other
applicable provision of law;
``(2) be based on the consideration of the merit of each
employee or candidate for employment and the qualifications
and fitness of the employee to hold the position concerned;
``(3) conform, to the extent practicable and consistent
with the provisions of this Act, to the policies, principles,
and standards applicable to the competitive service;
``(4) in the case of employees who are citizens of the
United States, provide for the appropriate interchange of
those employees between positions under the Panama Canal
Employment System and positions in the competitive service;
and
``(5) not be subject to the provisions of title 5, United
States Code, unless specifically made applicable by this Act.
``(b)(1) The head of any Executive agency (other than the
Commission) and the Smithsonian Institution may elect to have
the Panama Canal Employment System made applicable in whole
or in part to personnel of that agency in the Republic of
Panama.
``(2) Any Executive agency (other than the Commission) and
the Smithsonian Institution, to the extent of any election
under paragraph (1), shall conduct its employment and pay
practices relating to employees in accordance with the Panama
Canal Employment System.
``(3) Notwithstanding any other provision of this Act or
the Panama Canal Act Amendments of 1996, this subchapter, as
last in effect before the effective date of section 3530 of
the Panama Canal Act Amendments of 1996, shall continue to
apply to an Executive agency or the Smithsonian Institution
to the extent of an election under paragraph (1) by the head
of agency or the Institution, respectively.
``(c) The Commission may exclude any employee or position
from coverage under any provision of this subchapter, other
than the interchange rights extended under subsection
(a)(4).''.
(b) Savings Provisions.--The Panama Canal Employment System
and all elections, rules, regulations, and orders relating
thereto, as last in effect before the amendment made by
subsection (a) takes effect, shall continue in effect,
according to their terms, until modified, terminated, or
superseded under section 1212 of the Panama Canal Act of
1979, as amended by subsection (a).
SEC. 3531. EMPLOYMENT STANDARDS.
Section 1213 (22 U.S.C. 3653) is amended in the first
sentence by striking ``The head of each agency'' and
inserting ``The Commission''.
SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING INTERIM
APPLICATION OF CANAL ZONE MERIT SYSTEM.
Section 1214 (22 U.S.C. 3654) is repealed.
SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUITMENT AND
RETENTION REMUNERATION.
Section 1217(d) (22 U.S.C. 3657(d)) is repealed.
SEC. 3534. BENEFITS BASED ON BASIC PAY.
Section 1218(2) (22 U.S.C. 3658(2)) is amended to read as
follows:
``(2) benefits under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, relating to
retirement;''.
SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AUTHORITY OF
COMMISSION.
Section 1223 (22 U.S.C. 3663) is amended to read as
follows:
``central examining office
``Sec. 1223. The Commission shall establish a Central
Examining Office. The purpose of the office shall be to
implement the provisions of the Panama Canal Treaty of 1977
and related agreements with respect to recruitment,
examination, determination of qualification standards, and
similar matters relating to employment of the Commission.''.
SEC. 3536. APPLICABILITY OF CERTAIN LAWS.
Section 1224 (22 U.S.C. 3664) is amended to read as
follows:
``applicability of title 5, united states code
``Sec. 1224. The following provisions of title 5, United
States Code, apply to the Panama Canal Commission:
``(1) Part I of title 5 (relating to agencies generally).
``(2) Chapter 21 (relating to employee definitions).
``(3) Section 2302(b)(8) (relating to whistleblower
protection) and all provisions of title 5 relating to the
administration or enforcement or any other aspect thereof, as
identified in regulations prescribed by the Commission in
consultation with the Office of Personnel Management.
``(4) All provisions relating to preference eligibles.
``(5) Section 5514 (relating to offset from salary).
``(6) Section 5520a (relating to garnishments).
``(7) Sections 5531-5535 (relating to dual pay and
employment).
``(8) Subchapter VI of chapter 55 (relating to accumulated
and accrued leave).
``(9) Subchapter IX of chapter 55 (relating to severance
and back pay).
``(10) Chapter 57 (relating to travel, transportation, and
subsistence).
``(11) Chapter 59 (relating to allowances).
``(12) Chapter 63 (relating to leave for CONUS employees).
``(13) Section 6323 (relating to military leave; Reserves
and National Guardsmen).
``(14) Chapter 71 (relating to labor relations).
``(15) Subchapters II and III of chapter 73 (relating to
employment limitations and political activities,
respectively) and all provisions of title 5 relating to the
administration or enforcement or any other aspect thereof, as
identified in regulations prescribed by the Commission in
consultation with the Office of Personnel Management.
``(16) Chapter 81 (relating to compensation for work
injuries).
``(17) Chapters 83 and 84 (relating to retirement).
``(18) Chapter 85 (relating to unemployment compensation).
``(19) Chapter 87 (relating to life insurance).
``(20) Chapter 89 (relating to health insurance).''.
SEC. 3537. REPEAL OF PROVISION RELATING TO TRANSFERRED OR
REEMPLOYED EMPLOYEES.
Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is repealed.
SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENEFITS.
Section 1245 (22 U.S.C. 3682) is amended by striking so
much as precedes subsection (b) and inserting the following:
``administration of certain disability benefits
``Sec. 1245. (a)(1) The Commission, or any other United
States Government agency or
[[Page 2042]]
private entity acting pursuant to an agreement with the
Commission, under the Act entitled `An Act authorizing cash
relief for certain employees of the Panama Canal not coming
within the provisions of the Canal Zone Retirement Act',
approved July 8, 1937 (50 Stat. 478; 68 Stat. 17), may
continue the payments of cash relief to those individual
former employees of the Canal Zone Government or Panama Canal
Company or their predecessor agencies not coming within the
scope of the former Canal Zone Retirement Act whose services
were terminated prior to October 5, 1958, because of
unfitness for further useful service by reason of mental or
physical disability resulting from age or disease.
``(2) Subject to subsection (b), cash relief under this
subsection may not exceed $1.50 per month for each year of
service of the employees so furnished relief, with a maximum
of $45 per month, plus the amount of any cost-of-living
increases in such cash relief granted before October 1, 1979,
pursuant to section 181 of title 2 of the Canal Zone Code (as
in effect on September 30, 1979), nor be paid to any employee
who, at the time of termination for disability prior to
October 5, 1958, had less than 10 years' service with the
Canal Zone Government, the Panama Canal Company, or their
predecessor agencies on the Isthmus of Panama.''.
SEC. 3539. PANAMA CANAL REVOLVING FUND.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C.
3712) is amended to read as follows:
``panama canal revolving fund
``Sec. 1302. (a) There is established in the Treasury of
the United States a revolving fund to be known as `Panama
Canal Revolving Fund'. The Panama Canal Revolving Fund shall,
subject to subsection (b), be available to the Commission to
carry out the purposes, functions, and powers authorized by
this Act, including for--
``(1) the hire of passenger motor vehicles and aircraft;
``(2) uniforms or allowances therefor;
``(3) official receptions and representation expenses of
the Board, the Secretary of the Commission, and the
Administrator;
``(4) the operation of guide services;
``(5) a residence for the Administrator;
``(6) disbursements by the Administrator for employee and
community projects;
``(7) the procurement of expert and consultant services;
``(8) promotional activities, including the preparation,
distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, film, or other media
presentation designed to promote the Panama Canal as a
resource of the world shipping industry; and
``(9) the purchase and transportation to the Republic of
Panama of passenger motor vehicles, including large, heavy-
duty vehicles.
``(b)(1) There shall be deposited in the Panama Canal
Revolving Fund, on a continuing basis, toll receipts (other
than amounts of toll receipts deposited into the Panama Canal
Commission Dissolution Fund under section 1305) and all other
receipts of the Commission. Except as provided in section
1303, no funds may be obligated or expended by the Commission
in any fiscal year unless such obligation or expenditure has
been specifically authorized by law.
``(2) No funds may be authorized for the use of the
Commission, or obligated or expended by the Commission in any
fiscal year, in excess of--
``(A) the amount of revenues deposited in the Panama Canal
Revolving Fund and the Panama Canal Commission Dissolution
Fund during such fiscal year, plus
``(B) the amount of revenues deposited in the Panama Canal
Revolving Fund before such fiscal year and remaining
unobligated at the beginning of such fiscal year; plus
``(C) the $100,000,000 borrowing authority provided for in
section 1304 of this Act.
Not later than 30 days after the end of each fiscal year, the
Secretary of the Treasury shall report to the Congress the
amount of revenues deposited in the Panama Canal Revolving
Fund during such fiscal year.
``(c) With the approval of the Secretary of the Treasury,
the Commission may deposit amounts in the Panama Canal
Revolving Fund in any Federal Reserve bank, any depositary
for public funds, or such other place and in such manner as
the Commission and the Secretary may agree.
``(d)(1) It is the sense of the Congress that the
additional costs resulting from the implementation of the
Panama Canal Treaty of 1977 and related agreements should be
kept to the absolute minimum level. To this end, the Congress
declares appropriated costs of implementation to be borne by
the taxpayers over the life of such Treaty should be kept to
a level no greater than the March 1979 estimate of those
costs ($870,700,000) presented to the Congress by the
executive branch during consideration of this Act by the
Congress, less personnel retirement costs of $205,000,000,
which were subtracted and charged to tolls, therefore
resulting in net taxpayer cost of approximately $665,700,000,
plus appropriate adjustments for inflation.
``(2) It is further the sense of the Congress that the
actual costs of implementation be consistent with the
obligations of the United States to operate the Panama Canal
safely and efficiently and keep it secure.''.
SEC. 3540. PRINTING.
Title I is amended in chapter 3 (22 U.S.C. 3711 et seq.) by
adding at the end of subchapter I the following new section:
``printing
``Sec. 1306. (a) Section 501 of title 44, United States
Code, shall not apply to direct purchase by the Commission
for its use of printing, binding, and blank-book work in the
Republic of Panama when the Commission determines that such
direct purchase is in the best interest of the Government.
``(b) This section shall not affect the Commission's
authority, under chapter 5 of title 44, United States Code,
to operate a field printing plant.''.
SEC. 3541. ACCOUNTING POLICIES.
(a) Section 1311.--Section 1311(a) (22 U.S.C. 3721(a)) is
amended by striking out ``the Accounting and Auditing Act of
1950 (31 U.S.C. 65 et seq.)'' in the first sentence and
inserting in lieu thereof ``chapter 91 of title 31, United
States Code,''.
(b) Section 1313.--Section 1313 (22 U.S.C. 3723) is amended
by striking out ``the Accounting and Auditing Act of 1950 (31
U.S.C. 65 et seq.)'' in subsections (a) and (c) and inserting
in lieu thereof ``chapter 91 of title 31, United States
Code,''.
SEC. 3542. INTERAGENCY SERVICES; REIMBURSEMENTS.
Section 1321(e) (22 U.S.C. 3731(e)) is amended by adding at
the end the following sentence:
``Notwithstanding the provisions relating to the availability
of adequate schools contained in section 5924(4)(A) of title
5, United States Code, the Commission shall by regulation
determine the extent to which costs of educational services
may be defrayed under this subsection.''.
SEC. 3543. POSTAL SERVICE.
Section 1331 (22 U.S.C. 3741) is amended to read as
follows:
``postal service
``Sec. 1331. (a) The Commission shall take possession of
and administer the funds of the Canal Zone postal service and
shall assume its obligations.
``(b) Effective December 1, 1999, neither the Commission
nor the United States Government shall be responsible for the
distribution of any accumulated unpaid balances relating to
Canal Zone postal-savings deposits, postal-savings
certificates, and postal money orders.
``(c) Mail addressed to the Canal Zone from or through the
continental United States may be routed by the United States
Postal Service to the military post offices of the United
States Armed Forces in the Republic of Panama. Such military
post offices shall provide the required directory services
and shall accept such mail to the extent permitted under the
Panama Canal Treaty of 1977 and related agreements. The
Commission shall furnish personnel, records, and other
services to such military post offices to assure wherever
appropriate the distribution, rerouting, or return of such
mail.''.
SEC. 3544. INVESTIGATION OF ACCIDENTS OR INJURY GIVING RISE
TO CLAIM.
Section 1417(1) (22 U.S.C. 3777(1)) is amended to read as
follows:
``(1) an investigation of the accident or injury giving
rise to the claim has been completed, which shall include a
hearing by the Board of Local Inspectors of the Commission;
and''.
SEC. 3545. OPERATIONS REGULATIONS.
Section 1801 (22 U.S.C. 3811) is amended by striking
``President'' and inserting ``Commission''.
SEC. 3546. MISCELLANEOUS REPEALS.
(a) Repeals.--The following provisions are repealed:
(1) Section 1605 (22 U.S.C. 3795), relating to interim toll
adjustment.
(2) Section 1701 (22 U.S.C. 3801), relating to the
authority of the President to prescribe certain regulations.
(3) Section 1702 (22 U.S.C. 3802), relating to the
authority of the Panama Canal Commission to prescribe certain
regulations.
(4) Title II (22 U.S.C. 3841-3852), relating to the Treaty
transition period.
(5) Chapter 1 of title III (22 U.S.C. 3861), relating to
cemeteries.
(6) Section 1246, relating to appliances for certain
injured employees.
(7) Section 1251, relating to leave for jury or witness
service.
(8) Section 1301, relating to Canal Zone Government funds.
(9) Section 1313(c), relating to audits.
(b) Conforming Amendments.--Section 1313 is further amended
by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively.
SEC. 3547. EXEMPTION FROM METRIC CONVERSION ACT OF 1975.
Section 3302 is amended to read as follows:
``exemption from metric conversion act of 1975
``Sec. 3302. The Commission is exempt from the provisions
of the Metric Conversion Act of 1975 (15 U.S.C. 205a et
seq.).''.
SEC. 3548. CONFORMING AND CLERICAL AMENDMENTS.
(a) Title 5 Employment Law.--Title 5, United States Code,
is amended as follows:
(1) Section 3401(1) is amended--
(A) by striking out clause (v); and
(B) by redesignating clauses (vi), (vii), and (viii) as
clauses (v), (vi), and (vii), respectively.
(2) Section 5102 is amended--
(A) in subsection (a)(1)--
(i) by striking out clause (vi); and
(ii) by redesignating clauses (vii), (viii), (ix), (x), and
(xi) as clauses (vi), (vii), (viii), (ix), and (x),
respectively; and
(B) in subsection (c), by striking out paragraph (12).
(3) Subchapter IV of chapter 53 is amended--
(A) in section 5342(a)(1)--
(i) by striking out subparagraph (G); and
[[Page 2043]]
(ii) by redesignating subparagraphs (H), (I), (J), (K), and
(L) as subparagraphs (G), (H), (I), (J), and (K),
respectively;
(B) in section 5343(a)(5), by striking out ``the areas and
installations in the Republic of Panama'' and all that
follows through ``Panama Canal Act of 1979),''; and
(C) in section 5348--
(i) by striking out subsection (b);
(ii) by redesignating subsection (c) as subsection (b); and
(iii) in subsection (a), by striking out ``subsections (b)
and (c)'' and inserting in lieu thereof ``subsection (b)''.
(4) Section 5373 is amended--
(A) by striking out paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
(5) Section 5537(c) is amended by striking out ``the United
States District Court for the District of the Canal Zone, the
District Court of Guam, and the District Court of the Virgin
Islands.'' and inserting in lieu thereof ``the District Court
of Guam and the District Court of the Virgin Islands.''.
(6) Section 5541(2)(xii) is amended--
(A) by inserting ``or'' after ``Services Administration,'';
and
(B) by striking out ``, or a vessel employee of the Panama
Canal Commission'';
(7) Section 5924(3) is amended by striking out the last
sentence.
(8) Section 6322(a) is amended--
(A) by striking out ``Puerto Rico,'' and inserting in lieu
thereof ``Puerto Rico or''; and
(B) by striking out ``, or the Republic of Panama''.
(9) Section 7901(f) is amended to read as follows:
``(f) The health programs conducted by the Tennessee Valley
Authority are not affected by this section.''.
(b) Cross References in Panama Canal Act.--
(1) Section 1211(1)(B) (22 U.S.C. 3651(1)(B)) is amended by
striking out ``section 1212(B)(2)'' and inserting in lieu
thereof ``section 1212(b)''.
(2) Section 1303 (22 U.S.C. 3713) is amended by striking
out ``section 1302(c)(1)'' both places it appears and
inserting in lieu thereof ``section 1302(b)(1)''.
(3) Section 1341(f) (22 U.S.C. 3751(f)) is amended by
striking out ``section 1302(c)'' and inserting in lieu
thereof ``section 1302(b)''.
(c) Section Headings.--
(1) The heading of section 3 (22 U.S.C. 3602) is amended to
read as follows:
``definitions''.
(2) The heading of section 1245 (22 U.S.C. 3682) is amended
to read as follows:
``administration of certain disability benefits''.
(d) Table of Contents.--The table of contents in section 1
is amended as follows:
(1) The items relating to sections 1101, 1102a, 1102b, and
1313 are amended by inserting ``Sec.'' before the section
number.
(2) The item relating to section 3 is amended to read as
follows:
``Sec. 3. Definitions.''.
(3) The item relating to section 1104 is amended to read as
follows:
``Sec. 1104. Deputy Administrator.''.
(4) The items relating to sections 1209 and 1210 are
amended to read as follows:
``Sec. 1209. Applicability of certain benefits.
``Sec. 1210. Travel and transportation.''.
(5) The items relating to sections 1223 and 1224 are
amended to read as follows:
``Sec. 1223. Central Examining Office.
``Sec. 1224. Applicability of title 5, United States Code.''.
(6) The item relating to section 1245 is amended to read as
follows:
``Sec. 1245. Administration of certain disability benefits.''.
(7) The item relating to section 3302 is amended to read as
follows:
``Sec. 3302. Exemption from Metric Conversion Act of 1975.''.
(8) Such table of contents is further amended by inserting
after the item relating to section 1305 the following new
item:
``Sec. 1306. Printing.''.
(9) Such table of contents is further amended--
(A) by striking out the items relating to sections 1214,
1246, 1251, 1301, 1605, 1701, 1702, 2101, 2201, 2202, 2203,
2204, 2205, 2206, 2301, 2401, 2402, and 3101; and
(B) by striking out the items relating to the heading of
title II, the headings of chapters 1, 2, 3, and 4 of such
title, and the heading of chapter 1 of title III.
SEC. 3549. REPEAL OF PANAMA CANAL CODE.
The Panama Canal Code is repealed.
And the Senate agree to the same.
That the Senate recede from its amendment to the title of
the bill.
From the Committee on National Security, for consideration of
the House bill and the Senate amendment, and modifications
committed to conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
John R. Kasich,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Randy ``Duke'' Cunningham,
Stephen E. Buyer,
Peter G. Torkildsen,
Tillie K. Fowler,
John M. McHugh,
J.C. Watts, Jr.,
John N. Hostettler,
Saxby Chambliss,
Van Hilleary,
Alcee L. Hastings,
G.V. Montgomery,
Ike Skelton,
John M. Spratt, Jr.,
Solomon P. Ortiz,
Owen Pickett,
Glen Browder,
Gene Taylor,
Frank Tejeda,
Paul McHale,
Patrick J. Kennedy,
Rosa L. DeLauro,
As additional conferees from the Permanent Select Committee
on Intelligence, for consideration of matters within the
jurisdiction of that committee under clause 2 of rule XLVIII:
Larry Combest,
Jerry Lewis,
Norm Dicks,
As additional conferees from the Committee on Banking and
Financial Services, for consideration of sections 1085 and
1089 of the Senate amendment, and modifications committed to
conference:
Michael N. Castle,
Spencer Bachus,
Henry Gonzalez,
As additional conferees from the Committee on Commerce, for
consideration of sections 601, 741, 742, 2863, 3154, and 3402
of the House bill, and sections 345-47, 561, 562, 601, 1080,
2827, 3174, 3175, and 3181-91 of the Senate amendment, and
modifications committed to conference:
Thomas Bliley,
Michael Bilirakis,
Provided that Mr. Richardson is appointed in lieu of Mr.
Dingell and Mr. Schaefer is appointed in lieu of Mr.
Bilirakis for consideration of sections 3181-91 of the Senate
amendment:
Dan Schaefer,
Provided that Mr. Oxley is appointed in lieu of Mr. Bilirakis
for the consideration of section 3154 of the House bill, and
sections 345-47, 3174, and 3175 of the Senate amendment:
Michael G. Oxley,
Provided that Mr. Schaefer is appointed in lieu of Mr.
Bilirakis for the consideration of sections 2863 and 3402 of
the House bill, and section 2827 of the Senate amendment:
Dan Schaefer,
As additional conferees from the Committee on Government
Reform and Oversight, for consideration of sections 332-36,
362, 366, 807, 821-25, 1047, 3523-39, 3542, and 3548 of the
House bill, and sections 636, 809(b), 921, 924, 925, 1081,
1082, 1101, 1102, 1104, 1105, 1109-34, 1401-34, and 2826 of
the Senate amendment, and modifications committed to
conference:
W. F. Clinger,
Provided that Mr. Horn is appointed in lieu of Mr. Mica for
consideration of sections 362, 366, 807, and 821-25 of the
House bill, and sections 809(b), 1081, 1401-34, and 2826 of
the Senate amendment:
Stephen Horn,
Provided that Mr. Zeliff is appointed in lieu of Mr. Mica for
consideration of section 1082 of the Senate amendment:
Bill Zeliff,
As additional conferees from the Committee on International
Relations, for consideration of sections 233-34, 237, 1041,
1043, 1052, 1101-05, 1301, 1307, and 1501-53 of the House
bill, and sections 234, 1005, 1021, 1031, 1041-43, 1045,
1323, 1332-35, 1337, 1341-44, and 1352-54 of the Senate
amendment, and modifications committee to conference:
Benjamin A. Gilman,
Doug Bereuter,
As additional conferees from the Committee on the Judiciary,
for consideration of sections 537, 543, 1066, 1080, 1088,
1201-16, and 1313 of the Senate amendment, and modifications
committed to conference:
Henry Hyde,
Bill McCollum,
John Conyers, Jr.,
Provided that Mr. Moorhead is appointed in lieu of Mr.
McCollum for consideration of sections 537 and 1080 of the
Senate amendment:
Carlos J. Moorhead,
Provided that Mr. Smith of Texas is appointed in lieu of Mr.
McCollum for consideration of sections 1066 and 1201-16 of
the Senate amendment:
Lamar Smith,
As additional conferees from the Committee on Resources, for
consideration of sections 247, 601, 2821, 1401-14, 2901-13,
and 2921-31 of the House bill, and sections 251-52, 351, 601,
1074, 2821, 2836, and 2837 of the Senate amendment, and
modifications committed to conference:
James V. Hansen,
Jim Saxton,
As additional conferees from the Committee on Science, for
consideration of sections 203, 211, 245, and 247 of the House
bill, and sections 211, 251-52, and 1044 of the Senate
amendment, and modifications committed to conference:
Robert S. Walker,
James Sensenbrenner, Jr.,
Jane Harman,
As additional conferees from the Committee on Transportation
and Infrastructure, for consideration of sections 324, 327,
501, and 601 of the House bill, and sections 345-48, 536,
601, 641, 1004, 1009, 1010, 1311, 1314, and 3162 of the
[[Page 2044]]
Senate amendment, and modifications committed to conference:
Bud Shuster,
Managers on the Part of the House.
Bob Stump,
Christopher H. Smith,
G.V. Montgomery,
Strom Thurmond,
John Warner,
Bill Cohen,
John McCain,
Dan Coats
Bob Smith,
Dirk Kempthorne,
Jim Inhofe,
Rick Santorum,
Sheila Frahm,
Sam Nunn,
Carl Levin,
Ted Kennedy,
Jeff Bingaman,
Robert C. Byrd,
Chuck Robb,
J. Lieberman,
Richard H. Bryan,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. DELLUMS moved to recommit the conference report on H.R. 3230 to
the committee of conference with instructions to the managers on the
part of the House to insist on section 367 of the House bill (relating
to impact aid assistance to local educational agencies for the benefit
of dependents of members of the Armed Forces and civilian employees of
the Department of Defense).
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the nays had it.
Mr. DELLUMS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
181
When there appeared
<3-line {>
Nays
236
para.99.47 [Roll No. 396]
YEAS--181
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (NE)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Castle
Chapman
Christensen
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Dornan
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Fox
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gonzalez
Goodling
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
LaFalce
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Montgomery
Moran
Nadler
Neal
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Riggs
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Stupak
Talent
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Wise
Woolsey
Wynn
NAYS--236
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Doggett
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kasich
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Mollohan
Moorhead
Morella
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NOT VOTING--16
Brownback
Dickey
Ford
Gibbons
Lincoln
Manton
McDade
Rose
Scarborough
Schroeder
Stark
Studds
Williams
Wilson
Yates
Young (FL)
So the motion to recommit the conference report to the committee of
conference was not agreed to.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. DELLUMS demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
285
<3-line {>
affirmative
Nays
132
para.99.48 [Roll No. 397]
YEAS--285
Abercrombie
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Bryant (TN)
Bunning
Burr
Buyer
Callahan
Calvert
Canady
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLauro
DeLay
Diaz-Balart
Dicks
Dixon
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehrlich
Ensign
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Forbes
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Hall (OH)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoke
[[Page 2045]]
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
Longley
Lucas
Manzullo
McCollum
McCrery
McHale
McHugh
McInnis
McKeon
McNulty
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Mink
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Reed
Regula
Richardson
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Scott
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NAYS--132
Ackerman
Andrews
Baesler
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Blute
Bonior
Borski
Brown (OH)
Bryant (TX)
Bunn
Burton
Camp
Campbell
Cardin
Chabot
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Danner
DeFazio
Dellums
Deutsch
Dingell
Doggett
Dornan
Doyle
Durbin
Ehlers
Engel
English
Eshoo
Evans
Farr
Fattah
Filner
Foglietta
Foley
Frank (MA)
Franks (NJ)
Furse
Ganske
Gutierrez
Gutknecht
Hall (TX)
Hilliard
Hinchey
Hoekstra
Hutchinson
Jackson (IL)
Jacobs
Johnson, Sam
Johnston
Kaptur
Kennedy (MA)
Kleczka
Klug
LaFalce
Lantos
Leach
Lewis (GA)
LoBiondo
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McIntosh
McKinney
Meehan
Menendez
Miller (CA)
Minge
Moakley
Morella
Nadler
Neal
Neumann
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (MN)
Rahall
Ramstad
Rangel
Riggs
Rivers
Roemer
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schumer
Sensenbrenner
Serrano
Shays
Skaggs
Smith (MI)
Stockman
Stokes
Stupak
Talent
Tiahrt
Towns
Upton
Velazquez
Vento
Volkmer
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Zimmer
NOT VOTING--16
Brownback
Dickey
Ford
Gibbons
Johnson (CT)
Lincoln
Manton
McDade
Rose
Schroeder
Stark
Studds
Williams
Wilson
Yates
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.99.49 waiving points of order against conference report to
accompany s. 1316
Mr. McINNIS, by direction of the Committee on Rules, reported (Rept.
No. 104-743) the resolution (H. Res. 507) waiving points of order
against the conference report to accompany the bill of the Senate (S.
1316) to reauthorize and amend title XIV of the Public Health Service
Act (Commonly known as the ``Safe Drinking Water Act''), and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.99.50 u.s. house of representatives page board
The SPEAKER pro tempore, Mr. FORBES, by unanimous consent, announced
that pursuant to the provisions of section 127 of Public Law 97-377, the
Speaker did appoint to the U. S. House of Representatives Page Board
Mrs. Fowler of Florida.
para.99.51 subpoena
The SPEAKER pro tempore, Mr. FORBES, laid before the House the
following communication from Mr. Tanner:
Congress of the United States,
House of Representatives,
Washington, DC, July 31, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Doug Thompson, Legislative Director in my Washington,
D.C. office, has been served with a subpoena issued by the
Superior Court of the District of Columbia in the matter of
Johnson, et al. v. Public Housing Authorities Directors
Association, et al.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
John Tanner,
Member of Congress.
para.99.52 recess--11:35 p.m.
The SPEAKER pro tempore, Mr. FORBES, pursuant to clause 12 of rule I,
declared the House in recess at 11 o'clock and 35 minutes p.m., subject
to the call of the Chair.
FRIDAY, AUGUST 2 (LEGISLATIVE DAY OF THURSDAY, AUGUST 1), 1996.
para.99.53 after recess--12:49 a.m.
The SPEAKER pro tempore, Mr. DREIER, called the House to order.
para.99.54 providing for the consideration of a certain motion to
suspend the rules
Mr. GOSS, by direction of the Committee on Rules, reported (Rept. No.
104-744) the resolution (H. Res. 508) providing for consideration of a
certain motion to suspend the rules.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.99.55 enrolled bills and joint resolution signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1051. An Act to provide for the extension of certain
hydroelectric projects located in the State of West Virginia.
H.R. 3215. An Act to amend title 18, United States Code, to
repeal the provision relating to Federal employees
contracting or trading with Indians.
H.R. 3663. An Act to amend the District of Columbia Self-
Government and Governmental Reorganization Act to permit the
Council of the District of Columbia to authorize the issuance
of revenue bonds with respect to water and sewer facilities,
and for other purposes.
H.J. Res. 166. Joint resolution granting the consent of
Congress to the mutual aid agreement between the city of
Bristol, Virginia, and the city of Bristol, Tennessee.
para.99.56 senate enrolled bills and joint resolution signed
The SPEAKER announced his signature to enrolled bills and a joint
resolution of the Senate of the following titles:
S. 1757. An Act to amend the Developmental Disabilities
Assistance and Bill of rights Act to extend the Act, and for
other purposes.
S. 531. An Act to authorize a circuit judge who has taken
part in an in banc hearing of a case to continue to
participate in that case after taking senior status, and for
other purposes.
S.J. Res. 20. Joint resolution granting the consent of
Congress to the compact to provide for joint natural resource
management and enforcement of laws and regulations pertaining
to natural resources and boating at the Jennings Randolph
Lake Project lying in Garrett County, Maryland and Mineral
County, West Virginia, entered into between the States of
West Virginia and Maryland.
para.99.57 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following title:
H.R. 1051. An Act to provide for the extension of certain
hydroelectric projects in the State of West Virginia.
[[Page 2046]]
H.R. 3663. To amend the District of Columbia Self-
Government and Governmental Reorganization Act to permit the
Council of the District of Columbia to authorize the issuance
of revenue bonds with respect to water and sewer facilities,
and for other purposes.
And then,
para.99.58 adjournment
On motion of Mr. GOSS, at 12 o'clock and 50 minutes a.m., Friday,
August 2 (legislative day of Thursday, August 1), 1996, the House
adjourned.
para.99.59 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. ARCHER: Committee of conference. Conference report on
H.R. 3448. A bill to provide tax relief for small businesses,
to protect jobs, to create opportunities, to increase the
take home pay of workers, and for other purposes (Rept. No.
104-737). Ordered to be printed.
Mr. GOSS: Committee on Rules. House Resolution 502.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3103) to amend the
Internal Revenue Code of 1986 to improve portability and
continuity of health insurance coverage in the group and
individual markets, to combat waste, fraud, and abuse in
health insurance and health care delivery, to promote the use
of medical savings accounts, to improve access to long-term
care services and coverage, to simplify the administration of
health insurance, and for other purposes (Rept. No. 104-738).
Referred to the House Calendar.
Mr. SOLOMON: Committee on Rules. House Resolution 503.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3448) to provide tax
relief for small businesses, to protect jobs, to create
opportunities, to increase the take home pay of workers, to
amend the Portal-to-Portal Act of 1947 relating to the
payment of wages to employees who use employer owned
vehicles, and to amend the Fair Labor Standards Act of 1938
to increase the minimum wage rate and to prevent job loss by
providing flexibility to employers in complying with minimum
wage and overtime requirements under that act (Rept. No. 104-
739). Referred to the House Calendar.
Mr. WALSH: Committee of conference. Conference report on
H.R. 3845. A bill making appropriations for the government of
the District of Columbia and other activities chargeable in
whole or in part against revenues of said District for the
fiscal year ending September 30, 1997, and for other purposes
(Rept. No. 104-740). Ordered to be printed.
Mr. BLILEY: Committee of Conference. Conference report on
S. 1316. An act to reauthorize and amend title XIV of the
Public Health Service Act, commonly known as the ``Safe
Drinking Water Act'', and for other purposes (Rept. No. 104-
741). Ordered to be printed.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3378. A
bill to amend the Indian Health Care Improvement Act to
extend the demonstration program for direct billing Medicare,
Medicaid, and other third party payors (Rept. No. 104-742 Pt.
1). The Committee on Commerce discharged from further
consideration. Referred to the Committee of the White House
on the State of the Union.
Mr. McINNIS: Committee on Rules. House Resolution 507.
Resolution waiving points of order against the conference
report to accompany the bill (S. 1316) to reauthorize and
amend title XIV of the Public Health Service Act commonly
known as the ``Safe Drinking Water Act'', and for other
purposes (Rept. No. 104-743). Referred to the House Calendar.
Mr. GOSS: Committee on Rules. House Resolution 508.
Resolution providing for consideration of a certain motion to
suspend the rules (Rept. No. 104-744). Referred to the House
Calendar.
para.99.60 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 1816. Referral to the Committee on Commerce extended
for a period ending not later than October 4, 1996.
para.99.61 discharge of committee
Pursuant to clause 5 of rule X the Committee on Commerce discharged
from further consideration. H.R. 3121 referred to the Committee of the
Whole House on the State of the Union.
para.99.62 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WALKER (for himself, Mr. Sensenbrenner, Mr.
Largent, Mr. Weldon of Florida, Mr. Rohrabacher, Mr.
Hilleary, Mr. Stockman, Mr. Davis, Mr. Calvert, Mr.
Baker of California, Mrs. Seastrand, and Mr. Tiahrt):
H.R. 3936. A bill to encourage the development of a
commercial space industry in the United States, and for other
purposes; to the Committee on Science, and in addition to the
Committee on Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. COBURN (for himself, Ms. Molinari, Mr. DeLay,
Mrs. Fowler, Mr. Weldon of Florida, Mr. Norwood, Mr.
Hutchinson, Mr. Largent, Mr. Souder, Mr. Stockman,
Mr. Dornan, and Mr. Hostettler):
H.R. 3937. A bill to amend title XIX of the Social Security
Act with respect to preventing the transmission of the human
immunodeficiency virus, commonly known as HIV, and for other
purposes; to the Committee on Commerce.
By Mr. FILNER (for himself, Mr. Montgomery, Mr. Evans,
Mr. Kennedy of Massachusetts, Mr. Edwards, Mr.
Clement, Mr. Tejeda, Mr. Baesler, Mr. Clyburn, Mr.
Bishop, Ms. Brown of Florida, and Mr. Mascara):
H.R. 3938. A bill to amend title 38, United States Code, to
provide for a Veterans' Employment and Training Bill of
Rights, to strengthen preference for veterans in hiring, and
for other purposes; to the Committee on Veterans' Affairs.
By Mr. FOX (for himself, Mr. Stump, Mr. Montgomery, Mr.
Hayworth, Mr. Weldon of Pennsylvania, Mr. Weller, Mr.
Davis, Mr. Barr, Mr. Smith of New Jersey, Mr. Barrett
of Nebraska, Mr. Flanagan, Mr. Longley, Mr. Saxton,
Mr. Shadegg, Mr. Tiahrt, Mr. Forbes, Mr. Spence, Mr.
English of Pennsylvania, Mr. Mascara, Mr. McHale, Mr.
Solomon, Mr. Dornan, Mr. Watts of Oklahoma, Mr.
Chambliss, Mr. Norwood, Mr. Stearns, Mr. Hancock, Mr.
Gutknecht, Mr. Calvert, and Mr. Riggs):
H.R. 3939. A bill to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to offer a loan
guaranted by an adjustable rate mortgage under chapter 37 of
such title; to the Committee on Veterans' Affairs.
By Mrs. LOWEY (for herself, Mr. Castle, Mrs. Johnson of
Connecticut, Mrs. Clayton, Mr. Porter, Mrs. Thurman,
and Mrs. Morella):
H.R. 3940. A bill to provide for a reduction in the rate of
teenage pregnancy through the evaluation of public and
private prevention programs, and for other purposes; to the
Committee on Commerce.
By Mr. NADLER:
H.R. 3941. A bill to designate the U.S. courthouse located
at 500 Pearl Street in New York City, NY, as the ``Ted Weiss
United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Mr. NEY (for himself, Mr. Hostettler, Mr. Spratt,
Mr. Cremeans, Mr. Clyburn, Mr. Gillmor, Mr. McHugh,
Mr. Inglis of South Carolina, and Mr. Wicker):
H.R. 3942. A bill to amend title XVIII of the Social
Security Act to permit the geographic reclassification of
hospitals for purposes of disportionate share hospital
payment adjustments under the Medicare Program; to the
Committee on Ways and Means.
By Mr. PETRI:
H.R. 3943. A bill to amend the Internal Revenue Code of
1986 to replace the current earned income credit and the
personal exemption for children with a refundable credit for
families and a refundable credit for each child, and for
other purposes; to the Committee on Ways and Means.
By Mr. TAYLOR of North Carolina:
H.R. 3944. A bill to permit States to enforce certain State
requirements for the labeling of bottled spring water; to the
Committee on Commerce.
H.R. 3945. A bill to require the Federal Communications
Commission to promote additional sharing of broadcasting
tower facilities to reduce the impact on local communities of
station towers; to the Committee on Commerce.
By Mr. TORRICELLI (for himself, Mr. Evans, Mr. LaFalce,
and Mr. Moakley):
H.R. 3946. A bill to amend title 28 of the United States
Code to provide for a remedy against the United States for
claims based upon conduct involving human experimentation, to
provide a remedy against the United States with respect to
constitutional and human rights violations, and for other
purposes; to the Committee on the Judiciary.
By Mr. TIAHRT (for himself, Mr. Souder, Mr. Largent,
Mr. Hoekstra, Mr. Cooley, Mr. Gutknecht, Mr.
Lipinski, Mr. Graham, Mr. Lewis of Kentucky, Mr.
Talent, Mr. Stockman, Mr. Hutchinson, Mr. Bartlett of
Maryland, Mr. Ensign, Mr. Barr, Mr. Dornan, and Mr.
Calvert):
H.R. 3947. A bill to amend the General Education Provisions
Act to allow parents access to certain information; to the
Committee on Economic and Educational Opportunities.
By Mr. HEFLEY:
H.R. 3948. A bill to amend the Federal Water Pollution
Control Act to provide for the use of biological monitoring
and whole effluent toxicity test in connection with publicly
owned treatment works, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Ms. JACKSON-LEE (for herself, Mr. Conyers, Ms.
Norton, Mr. Frazer,
[[Page 2047]]
Mr. Flake, Mrs. Lowey, Mr. Rangel, Mr. Hastings of
Florida, Ms. Millender-McDonald, Ms. DeLauro, Mr.
Clyburn, Mr. Hilliard, Mr. Wynn, Mr. Lewis of
Georgia, Mr. Payne of New Jersey, Mrs. Clayton, Mr.
Owens, Mr. Fields of Louisiana, Mr. Cummings, Miss.
Collins of Michigan, Mr. Schumer, Mr. Scott, Mr.
Pastor, Mrs. Meek of Florida, Ms. Brown of Florida,
Ms. McKinney, Mr. Foglietta, Mr. Richardson, Mr.
Coleman, Ms. Eddie Bernice Johnson of Texas, Mr.
Jackson, Mrs. Collins of Illinois, Mr. Engel, Mrs.
Schroeder, Mrs. Maloney, Ms. Velazquez, Mr.
Gutierrez, Mr. Cardin, Mr. Serrano, Mr. Becerra, Mr.
Gibbons, Mr. Nadler, Mr. Kennedy of Rhode Island, Mr.
Clay, and Ms. Lofgren):
H. Con. Res. 206. Concurrent resolution expressing the
sense of Congress with respect to the threat to the security
of American citizens and the U.S. Government posed by armed
militia and other paramilitary groups and organizations; to
the Committee on the Judiciary.
By Mr. THOMAS:
H. Con. Res. 207. Concurrent resolution approving certain
regulations to implement provisions of the Congressional
Accountability Act of 1995 relating to labor-management
relations with respect to covered employees, other than
employees of the House of Representatives and employees of
the Senate, and for other purposes; to the Committee on House
Oversight, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. THOMAS:
H. Res. 504. Resolution approving certain regulations to
implement provisions of the Congressional Accountability Act
of 1995 relating to labor-management relations with respect
to employing offices and covered employees of the House of
Representatives, and for other purposes; to the Committee on
House Oversight, and in addition to the Committee on Economic
and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FOX:
H. Res. 505. Resolution amending the Rules of the House of
Representatives to take away the power of the Committee on
Rules to report rules or orders waiving the germaneness
requirement; to the Committee on Rules.
By Mrs. MORELLA:
H. Con. Res. 506. Resolution expressing the sense of the
Congress that all parents should be afforded the opportunity
to plan ahead for their children's college education through
tuition prepayment plans that guarantee college for their
offspring at a fixed price; to the Committee on Economic and
Educational Opportunities.
para.99.63 private bills and resolutions
Under clause 1 of rule XXII,
Mr. PETE GEREN of Texas introduced a bill (H.R. 3949) for
the relief of Senior Master Sergeant William L. Sullivan,
U.S. Air Force; which was referred to the Committee on the
Judiciary.
para.99.64 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 163: Mr. Schiff.
H.R. 573: Mr. Manton.
H.R. 820: Mr. Whitfield, Mr. Williams, and Mr. Wynn.
H.R. 911: Mr. Combest.
H.R. 1406: Ms. Kaptur and Mr. Menendez.
H.R. 1462: Mr. Hefner, Mr. Tanner, Mr. Klug, Mr. Shays, Mr.
Levin, Mr. Thornton, Mr. Spratt, and Mr. Montgomery.
H.R. 2173: Mr. Zimmer.
H.R. 2396: Mr. Crapo, Mr. Hefley, Mr. Mascara, Mr.
Jefferson, Mr. Zimmer, Mr. Scarborough, Mr. Moran, and Mr.
Manzullo.
H.R. 2421: Mr. Walsh.
H.R. 2508: Mr. Wynn.
H.R. 2654: Mr. Miller of California and Mr. Watt of North
Carolina.
H.R. 2701: Mr. Johnston of Florida.
H.R. 2741: Mr. Manzullo.
H.R. 2757: Mr. Chambliss and Ms. Furse.
H.R. 2820: Mr. Mica.
H.R. 2822: Mr. Skeen.
H.R. 2900: Mr. Herger, Ms. Pryce, and Mr. Blumenauer.
H.R. 2962: Mr. Quinn.
H.R. 2964: Mr. Spratt.
H.R. 3000: Mr. Bereuter.
H.R. 3079: Mr. Olver.
H.R. 3117: Mr. Boucher.
H.R. 3142: Mr. Diaz-Balart and Mr. Bunning of Kentucky.
H.R. 3150: Mr. Spratt.
H.R. 3206: Mr. Funderburk.
H.R. 3207: Mrs. Kelly.
H.R. 3252: Mr. Foglietta.
H.R. 3409: Ms. McKinney.
H.R. 3447: Ms. Furse.
H.R. 3477: Mrs. Clayton.
H.R. 3480: Mr. Ballenger.
H.R. 3488: Mr. Nadler.
H.R. 3518: Mr. Herger, Mr. Cox, Mr. Radanovich, Mr.
Moorhead, Mr. Fazio of California, and Mr. Riggs.
H.R. 3521: Mr. Johnston of Florida.
H.R. 3560: Mr. Lipinski.
H.R. 3576: Mr. Jacobs, Mr. Hamilton, Mr. Visclosky, Mr.
Myers of Indiana,McIntosh.
H.R. 3609: Mr. Frank of Massachusetts and Mr. Rangel.
H.R. 3630: Mr. Calvert.
H.R. 3647: Mr. Pete Geren of Texas.
H.R. 3693: Mr. Hinchey and Mr. Fields of Texas.
H.R. 3700: Mr. Goodlatte and Mr. Boehner.
H.R. 3710: Ms. Eddie Bernice Johnson of Texas, Mr. Stearns,
Mr. Costello, Ms. Danner, and Mr. Pomeroy.
H.R. 3713: Mr. Manton, Ms. Kaptur and Mr. Johnston of
Florida.
H.R. 3724: Mr. Torricelli.
H.R. 3729: Ms. Brown of Florida.
H.R. 3747: Mr. Frost and Mr. Flake.
H.R. 3748: Mr. Studds.
H.R. 3753: Mr. Oberstar and Mr. Smith of Texas.
H.R. 3757: Mr. Evans.
H.R. 3792: Mr. Hayworth.
H.R. 3839: Ms. Danner and Mr. Coyne.
H.R. 3841: Mr. Davis.
H.R. 3849: Mr. Collins of Georgia and Mr. Gilman.
H.R. 3872: Mr. English of Pennsylvania, Mr. Solomon, and
Mr. Weldon of Pennsylvania.
H.R. 3905: Mr. Watts of Oklahoma and Mr. Lipinski.
H. Con. Res 200: Mrs. Myrick, Mr. Hunter, Mr. English of
Pennsylvania, Mr. Kim, Mr. Manton, Mr. Porter, and Mr.
Saxton.
H. Res. 266: Ms. Woolsey, Ms. Lofgren, Ms. Norton, Mr.
Radanovich, Mr. Evans, Mrs. Schroeder, and Mr. Ackerman.
H. Res. 484: Mr. Wynn, Ms. Furse, and Mr. Spratt.
.
FRIDAY, AUGUST 2, 1996 (100)
para.100.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. COLLINS,
who laid before the House the following communication:
Washington, DC,
August 2, 1996.
I hereby designate the Honorable Mac Collins to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.100.2 approval of the journal
The SPEAKER pro tempore, Mr. COLLINS, announced he had examined and
approved the Journal of the proceedings of Thursday, August 1, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.100.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4510. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Avacados Grown in South Florida; Assessment Rate [Docket No.
FV96-915-1 FIR] received August 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4511. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Florida Grapefruit, Florida Oranges and Tangelos, and Florida
Tangerines; Grade Standards [Docket No. FV-96-301] received
August 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
4512. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Papayas Grown in Hawaii; Assessment Rate [Docket No. FV96-
928-1 FIR] received August 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4513. A letter from the Chief, Programs and Legislation
Division, Department of the Air Force, transmitting
notification that the Commander of Laughlin Air Force Base
[AFB], TX, has conducted a comparison study to reduce the
cost of operating the base operating support [BOS], pursuant
to 10 U.S.C. 2304 note; to the Committee on National
Security.
4514. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 15th monthly report as required by
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
4515. A letter from the Administrator, Wage and Hour
Division, Department of Labor, transmitting the Department's
final rule--Amendments to Federal Contract Labor Laws by The
Federal Acquisition Streamlining Act of 1994 (RIN: 1215-AA96)
received July 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Economic and Educational Opportunities.
4516. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Oil and
Hazardous Substances Contingency Plan; National Priorities
List Update (FRL-5454-1) received August 2, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4517. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
final rule--Amendment to the List of Proscribed Destinations
[22 CFR Part 126] received August 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on International
Relations.
[[Page 2048]]
4518. A letter from the Executive Director, Committee For
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List (41 U.S.C. Sec. 47(a)(2)) received August 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4519. A letter from the Assistant Secretary for
Administration, Department of Commerce, transmitting a report
of activities under the Freedom of Information Act for the
calendar year 1995, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Reform and Oversight.
4520. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Endangered Status for the
Hawaiian Plant Pritchardia aylmer-robinsonii (wahane) (RIN:
1018-AB88) received August 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4521. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to renew and
improve certain activities of the National Highway Traffic
Safety Administration [NHTSA] for fiscal year 1997; to the
Committee on Transportation and Infrastructure.
4522. A letter from the Regulatory Policy Officer, Bureau
of Alcohol, Tobacco and Firearms, transmitting the Bureau's
final rule--Implementation of Public Law 103-322, the Violent
Crime Control and Law Enforcement Act of 1994--Importation of
Ammunition Feeding Devices With a Capacity of More Than 10
Rounds (94F-022P) (RIN: 1512-AB35) received July 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4523. A letter from the Federal Register Certifying
Officer, Department of the Treasury, transmitting the
Department's final rule--Management of Federal Agency
Disbursements (RIN: 1510-AA56) received July 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4524. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Definition of Pooled Income Fund (Revenue Ruling 96-38)
received August 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
4525. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Request for Comments on Procedures Relating to Voluntary and
Involuntary Changes in Method of Accounting (Notice 96-40)
received July 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Ways and Means.
4526. A letter from the Chief, Regulations Branch, U.S.
Customs Service, transmitting the Service's final rule--
Centralized Examination Station; Immediate Suspension or
Permanent Revocation as Operator Upon Indictment for Any
Felony (RIN: 1515-AB83) received August 2, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4527. A letter from the Director, Corporate Audits and
Standards, General Accounting Office, transmitting a
corrected report entitled, ``Financial Audit: Resolution
Trust Corporation's 1995 and 1994 Financial Statements''
(GAO/AIMD-96-123), July 1996, pursuant to 31 U.S.C. 9106(a);
jointly, to the Committees on Government Reform and Oversight
and Banking and Financial Services.
4528. A letter from the Comptroller General of the United
States, transmitting a report entitled, ``Financial Audit''
Capitol Preservation Fund for Years Ended September 30, 1995
and 1994'' (GAO/AIMD-96-97) July 1996, pursuant to 40 U.S.C.
188a-3; jointly, to the Committee on House Oversight and
Government Reform and Oversight.
4529. A letter from the Secretary of Transportation,
transmitting a draft of proposed legislation to provide for
adjustments to capital and operating assistance grants for
the public transit program, and for other purposes; jointly,
to the Committees on Transportation and Infrastructure and
Ways and Means.
4530. A letter from the Fiscal Assistant Secretary,
Department of the Treasury, transmitting the Department's
June 1996 ``Treasury Bulletin,'' pursuant to 26 U.S.C.
9602(a); jointly, to the Committees on Ways and Means and
Transportation and Infrastructure.
para.100.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 3734) ``An Act to provide for
reconciliation pursuant to section 201(a)(1) of the concurrent
resolution on the budget for fiscal year 1997.''.
para.100.5 waiving points of order against the conference report on
h.r. 3448
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 503):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3448) to provide tax relief for small businesses,
to protect jobs, to create opportunities, to increase the
take home pay of workers, to amend the Portal-to-Portal Act
of 1947 relating to the payment of wages to employees who use
employer owned vehicles, and to amend the Fair Labor
Standards Act of 1938 to increase the minimum wage rate and
to prevent job loss by providing flexibility to employers in
complying with minimum wage and overtime requirements under
that Act. All points of order against the conference report
and against its consideration are waived. The conference
report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.100.6 small business job protection
Mr. ARCHER, pursuant to House Resolution 503, called up the following
conference report (Rept. No. 104-737):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3448), to provide tax relief for small businesses, to protect
jobs, to create opportunities, to increase the take home pay
of workers, to amend the Portal-to-Portal Act of 1947
relating to the payment of wages to employees who use
employer owned vehicles, and to amend the Fair Labor
Standards Act of 1938 to increase the minimum wage rate and
to prevent job loss by providing flexibility to employers in
complying with minimum wage and overtime requirements under
that Act, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
TITLE I
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--SMALL BUSINESS AND OTHER TAX PROVISIONS
Sec. 1101. Amendment of 1986 Code.
Sec. 1102. Underpayments of estimated tax.
Subtitle A--Expensing; Etc.
Sec. 1111. Increase in expense treatment for small businesses.
Sec. 1112. Treatment of employee tips.
Sec. 1113. Treatment of storage of product samples.
Sec. 1114. Treatment of certain charitable risk pools.
Sec. 1115. Treatment of dues paid to agricultural or horticultural
organizations.
Sec. 1116. Clarification of employment tax status of certain fishermen.
Sec. 1117. Modifications of tax-exempt bond rules for first-time
farmers.
Sec. 1118. Newspaper distributors treated as direct sellers.
Sec. 1119. Application of involuntary conversion rules to
presidentially declared disasters.
Sec. 1120. Class life for gas station convenience stores and similar
structures.
Sec. 1121. Treatment of abandonment of lessor improvements at
termination of lease.
Sec. 1122. Special rules relating to determination whether individuals
are employees for purposes of employment taxes.
Sec. 1123. Treatment of housing provided to employees by academic
health centers.
Subtitle B--Extension of Certain Expiring Provisions
Sec. 1201. Work opportunity tax credit.
Sec. 1202. Employer-provided educational assistance programs.
Sec. 1203. FUTA exemption for alien agricultural workers.
Sec. 1204. Research credit.
Sec. 1205. Orphan drug tax credit.
Sec. 1206. Contributions of stock to private foundations.
Sec. 1207. Extension of binding contract date for biomass and coal
facilities.
Sec. 1208. Moratorium for excise tax on diesel fuel sold for use or
used in diesel-powered motorboats.
Subtitle C--Provisions Relating to S Corporations
Sec. 1301. S corporations permitted to have 75 shareholders.
Sec. 1302. Electing small business trusts.
Sec. 1303. Expansion of post-death qualification for certain trusts.
Sec. 1304. Financial institutions permitted to hold safe harbor debt.
Sec. 1305. Rules relating to inadvertent terminations and invalid
elections.
Sec. 1306. Agreement to terminate year.
Sec. 1307. Expansion of post-termination transition period.
Sec. 1308. S corporations permitted to hold subsidiaries.
Sec. 1309. Treatment of distributions during loss years.
[[Page 2049]]
Sec. 1310. Treatment of S corporations under subchapter C.
Sec. 1311. Elimination of certain earnings and profits.
Sec. 1312. Carryover of disallowed losses and deductions under at-risk
rules allowed.
Sec. 1313. Adjustments to basis of inherited S stock to reflect certain
items of income.
Sec. 1314. S corporations eligible for rules applicable to real
property subdivided for sale by noncorporate taxpayers.
Sec. 1315. Financial institutions.
Sec. 1316. Certain exempt organizations allowed to be shareholders.
Sec. 1317. Effective date.
Subtitle D--Pension Simplification
Chapter 1--Simplified Distribution Rules
Sec. 1401. Repeal of 5-year income averaging for lump-sum
distributions.
Sec. 1402. Repeal of $5,000 exclusion of employees' death benefits.
Sec. 1403. Simplified method for taxing annuity distributions under
certain employer plans.
Sec. 1404. Required distributions.
Chapter 2--Increased Access to Retirement Plans
SUBCHAPTER A--SIMPLE SAVINGS PLANS
Sec. 1421. Establishment of savings incentive match plans for employees
of small employers.
Sec. 1422. Extension of simple plan to 401(k) arrangements.
SUBCHAPTER B--OTHER PROVISIONS
Sec. 1426. Tax-exempt organizations eligible under section 401(k).
Sec. 1427. Homemakers eligible for full IRA deduction.
Chapter 3--Nondiscrimination Provisions
Sec. 1431. Definition of highly compensated employees; repeal of family
aggregation.
Sec. 1432. Modification of additional participation requirements.
Sec. 1433. Nondiscrimination rules for qualified cash or deferred
arrangements and matching contributions.
Sec. 1434. Definition of compensation for section 415 purposes.
Chapter 4--Miscellaneous Provisions
Sec. 1441. Plans covering self-employed individuals.
Sec. 1442. Elimination of special vesting rule for multiemployer plans.
Sec. 1443. Distributions under rural cooperative plans.
Sec. 1444. Treatment of governmental plans under section 415.
Sec. 1445. Uniform retirement age.
Sec. 1446. Contributions on behalf of disabled employees.
Sec. 1447. Treatment of deferred compensation plans of State and local
governments and tax-exempt organizations.
Sec. 1448. Trust requirement for deferred compensation plans of State
and local governments.
Sec. 1449. Transition rule for computing maximum benefits under section
415 limitations.
Sec. 1450. Modifications of section 403(b).
Sec. 1451. Special rules relating to joint and survivor annuity
explanations.
Sec. 1452. Repeal of limitation in case of defined benefit plan and
defined contribution plan for same employee; excess
distributions.
Sec. 1453. Tax on prohibited transactions.
Sec. 1454. Treatment of leased employees.
Sec. 1455. Uniform penalty provisions to apply to certain pension
reporting requirements.
Sec. 1456. Retirement benefits of ministers not subject to tax on net
earnings from self-employment.
Sec. 1457. Sample language for spousal consent and qualified domestic
relations forms.
Sec. 1458. Treatment of length of service awards to volunteers
performing fire fighting or prevention services,
emergency medical services, or ambulance services.
Sec. 1459. Alternative nondiscrimination rules for certain plans that
provide for early participation.
Sec. 1460. Clarification of application of ERISA to insurance company
general accounts.
Sec. 1461. Special rules for chaplains and self-employed ministers.
Sec. 1462. Definition of highly compensated employee for pre-ERISA
rules for church plans.
Sec. 1463. Rule relating to investment in contract not to apply to
foreign missionaries.
Sec. 1464. Waiver of excise tax on failure to pay liquidity shortfall.
Sec. 1465. Date for adoption of plan amendments.
Subtitle E--Foreign Simplification
Sec. 1501. Repeal of inclusion of certain earnings invested in excess
passive assets.
Subtitle F--Revenue Offsets
Part I--General Provisions
Sec. 1601. Modifications of Puerto Rico and possession tax credit.
Sec. 1602. Repeal of exclusion for interest on loans used to acquire
employer securities.
Sec. 1603. Certain amounts derived from foreign corporations treated as
unrelated business taxable income.
Sec. 1604. Depreciation under income forecast method.
Sec. 1605. Repeal of exclusion for punitive damages and for damages not
attributable to physical injuries or sickness.
Sec. 1606. Repeal of diesel fuel tax rebate to purchasers of diesel-
powered automobiles and light trucks.
Sec. 1607. Extension and phasedown of luxury passenger automobile tax.
Sec. 1608. Termination of future tax-exempt bond financing for local
furnishers of electricity and gas.
Sec. 1609. Extension of Airport and Airway Trust Fund excise taxes.
Sec. 1610. Basis adjustment to property held by corporation where stock
in corporation is replacement property under involuntary
conversion rules.
Sec. 1611. Treatment of certain insurance contracts on retired lives.
Sec. 1612. Treatment of modified guaranteed contracts.
Sec. 1613. Treatment of contributions in aid of construction.
Sec. 1614. Election to cease status as qualified scholarship funding
corporation.
Sec. 1615. Certain tax benefits denied to individuals failing to
provide taxpayer identification numbers.
Sec. 1616. Repeal of bad debt reserve method for thrift savings
associations.
Sec. 1617. Exclusion for energy conservation subsidies limited to
subsidies with respect to dwelling units.
Part II--Financial Asset Securitization Investments
Sec. 1621. Financial Asset Securitization Investment Trusts.
Subtitle G--Technical Corrections
Sec. 1701. Coordination with other subtitles.
Sec. 1702. Amendments related to Revenue Reconciliation Act of 1990.
Sec. 1703. Amendments related to Revenue Reconciliation Act of 1993.
Sec. 1704. Miscellaneous provisions.
Subtitle H--Other Provisions
Sec. 1801. Exemption from diesel fuel dyeing requirements with respect
to certain States.
Sec. 1802. Treatment of certain university accounts.
Sec. 1803. Modifications to excise tax on ozone-depleting chemicals.
Sec. 1804. Tax-exempt bonds for sale of Alaska Power Administration
facility.
Sec. 1805. Nonrecognition treatment for certain transfers by common
trust funds to regulated investment companies.
Sec. 1806. Qualified State tuition programs.
Sec. 1807. Adoption assistance.
Sec. 1808. Removal of barriers to interethnic adoption.
Sec. 1809. 6-month delay of electronic fund transfer requirement.
Subtitle I--Foreign Trust Tax Compliance
Sec. 1901. Improved information reporting on foreign trusts.
Sec. 1902. Comparable penalties for failure to file return relating to
transfers to foreign entities.
Sec. 1903. Modifications of rules relating to foreign trusts having one
or more United States beneficiaries.
Sec. 1904. Foreign persons not to be treated as owners under grantor
trust rules.
Sec. 1905. Information reporting regarding foreign gifts.
Sec. 1906. Modification of rules relating to foreign trusts which are
not grantor trusts.
Sec. 1907. Residence of trusts, etc.
Subtitle J--Generalized System of Preferences
Sec. 1951. Short title.
Sec. 1952. Generalized System of Preferences.
Sec. 1953. Effective date.
Sec. 1954. Conforming amendments.
TITLE II--PAYMENT OF WAGES
Sec. 2101. Short title.
Sec. 2102. Proper compensation for use of employer vehicles.
Sec. 2103. Effective date.
Sec. 2104. Minimum wage increase.
Sec. 2105. Fair Labor Standards Act Amendments.
TITLE I--SMALL BUSINESS AND OTHER TAX PROVISIONS
SEC. 1101. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 1102. UNDERPAYMENTS OF ESTIMATED TAX.
No addition to the tax shall be made under section 6654 or
6655 of the Internal Revenue Code of 1986 (relating to
failure to pay estimated tax) with respect to any
underpayment of an installment required to be paid before the
date of the enactment of this Act to the extent such
underpayment was created or increased by any provision of
this title.
Subtitle A--Expensing; Etc.
SEC. 1111. INCREASE IN EXPENSE TREATMENT FOR SMALL
BUSINESSES.
(a) General Rule.--Paragraph (1) of section 179(b)
(relating to dollar limitation) is amended to read as
follows:
[[Page 2050]]
``(1) Dollar limitation.--The aggregate cost which may be
taken into account under subsection (a) for any taxable year
shall not exceed the following applicable amount:
``If thThe applicable
amount is:
1997..................................................... 18,000
1998..................................................... 18,500
1999..................................................... 19,000
2000..................................................... 20,000
2001 or 2002............................................. 24,000
2003 or thereafter.................................... 25,000.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
1996.
SEC. 1112. TREATMENT OF EMPLOYEE TIPS.
(a) Employee Cash Tips.--
(1) Reporting requirement not considered.--Subparagraph (A)
of section 45B(b)(1) (relating to excess employer social
security tax) is amended by inserting ``(without regard to
whether such tips are reported under section 6053)'' after
``section 3121(q)''.
(2) Taxes paid.--Subsection (d) of section 13443 of the
Revenue Reconciliation Act of 1993 is amended by inserting
``, with respect to services performed before, on, or after
such date'' after ``1993''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the amendments made by,
and the provisions of, section 13443 of the Revenue
Reconciliation Act of 1993.
(b) Tips for Employees Delivering Food or Beverages.--
(1) In general.--Paragraph (2) of section 45B(b) is amended
to read as follows:
``(2) Only tips received for food or beverages taken into
account.--In applying paragraph (1), there shall be taken
into account only tips received from customers in connection
with the providing, delivering, or serving of food or
beverages for consumption if the tipping of employees
delivering or serving food or beverages by customers is
customary.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to tips received for services performed after
December 31, 1996.
SEC. 1113. TREATMENT OF STORAGE OF PRODUCT SAMPLES.
(a) In General.--Paragraph (2) of section 280A(c) is
amended by striking ``inventory'' and inserting ``inventory
or product samples''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
1995.
SEC. 1114. TREATMENT OF CERTAIN CHARITABLE RISK POOLS.
(a) General Rule.--Section 501 (relating to exemption from
tax on corporations, certain trusts, etc.) is amended by
redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Charitable Risk Pools.--
``(1) In general.--For purposes of this title--
``(A) a qualified charitable risk pool shall be treated as
an organization organized and operated exclusively for
charitable purposes, and
``(B) subsection (m) shall not apply to a qualified
charitable risk pool.
``(2) Qualified charitable risk pool.--For purposes of this
subsection, the term `qualified charitable risk pool' means
any organization--
``(A) which is organized and operated solely to pool
insurable risks of its members (other than risks related to
medical malpractice) and to provide information to its
members with respect to loss control and risk management,
``(B) which is comprised solely of members that are
organizations described in subsection (c)(3) and exempt from
tax under subsection (a), and
``(C) which meets the organizational requirements of
paragraph (3).
``(3) Organizational requirements.--An organization
(hereinafter in this subsection referred to as the `risk
pool') meets the organizational requirements of this
paragraph if--
``(A) such risk pool is organized as a nonprofit
organization under State law provisions authorizing risk
pooling arrangements for charitable organizations,
``(B) such risk pool is exempt from any income tax imposed
by the State (or will be so exempt after such pool qualifies
as an organization exempt from tax under this title),
``(C) such risk pool has obtained at least $1,000,000 in
startup capital from nonmember charitable organizations,
``(D) such risk pool is controlled by a board of directors
elected by its members, and
``(E) the organizational documents of such risk pool
require that--
``(i) each member of such pool shall at all times be an
organization described in subsection (c)(3) and exempt from
tax under subsection (a),
``(ii) any member which receives a final determination that
it no longer qualifies as an organization described in
subsection (c)(3) shall immediately notify the pool of such
determination and the effective date of such determination,
and
``(iii) each policy of insurance issued by the risk pool
shall provide that such policy will not cover the insured
with respect to events occurring after the date such final
determination was issued to the insured.
An organization shall not cease to qualify as a qualified
charitable risk pool solely by reason of the failure of any
of its members to continue to be an organization described in
subsection (c)(3) if, within a reasonable period of time
after such pool is notified as required under subparagraph
(C)(ii), such pool takes such action as may be reasonably
necessary to remove such member from such pool.
``(4) Other definitions.--For purposes of this subsection--
``(A) Startup capital.--The term `startup capital' means
any capital contributed to, and any program-related
investments (within the meaning of section 4944(c)) made in,
the risk pool before such pool commences operations.
``(B) Nonmember charitable organization.--The term
`nonmember charitable organization' means any organization
which is described in subsection (c)(3) and exempt from tax
under subsection (a) and which is not a member of the risk
pool and does not benefit (directly or indirectly) from the
insurance coverage provided by the pool to its members.''
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 1115. TREATMENT OF DUES PAID TO AGRICULTURAL OR
HORTICULTURAL ORGANIZATIONS.
(a) General Rule.--Section 512 (defining unrelated business
taxable income) is amended by adding at the end the following
new subsection:
``(d) Treatment of Dues of Agricultural or Horticultural
Organizations.--
``(1) In general.--If--
``(A) an agricultural or horticultural organization
described in section 501(c)(5) requires annual dues to be
paid in order to be a member of such organization, and
``(B) the amount of such required annual dues does not
exceed $100,
in no event shall any portion of such dues be treated as
derived by such organization from an unrelated trade or
business by reason of any benefits or privileges to which
members of such organization are entitled.
``(2) Indexation of $100 amount.--In the case of any
taxable year beginning in a calendar year after 1995, the
$100 amount in paragraph (1) shall be increased by an amount
equal to--
``(A) $100, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, by substituting `calendar year 1994' for
`calendar year 1992' in subparagraph (B) thereof.
``(3) Dues.--For purposes of this subsection, the term
`dues' means any payment (whether or not designated as dues)
which is required to be made in order to be recognized by the
organization as a member of the organization.''.
(b) Effective Dates.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 1986.
(2) Transitional rule.--If--
(A) for purposes of applying part III of subchapter F of
chapter 1 of the Internal Revenue Code of 1986 to any taxable
year beginning before January 1, 1987, an agricultural or
horticultural organization did not treat any portion of
membership dues received by it as income derived in an
unrelated trade or business, and
(B) such organization had a reasonable basis for not
treating such dues as income derived in an unrelated trade or
business,
then, for purposes of applying such part III to any such
taxable year, in no event shall any portion of such dues be
treated as derived in an unrelated trade or business.
(3) Reasonable basis.--For purposes of paragraph (2), an
organization shall be treated as having a reasonable basis
for not treating membership dues as income derived in an
unrelated trade or business if the taxpayer's treatment of
such dues was in reasonable reliance on any of the following:
(A) Judicial precedent, published rulings, technical advice
with respect to the organization, or a letter ruling to the
organization.
(B) A past Internal Revenue Service audit of the
organization in which there was no assessment attributable to
the reclassification of membership dues for purposes of the
tax on unrelated business income.
(C) Long-standing recognized practice of agricultural or
horticultural organizations.
SEC. 1116. CLARIFICATION OF EMPLOYMENT TAX STATUS OF CERTAIN
FISHERMEN.
(a) Clarification of Employment Tax Status.--
(1) Amendments of internal revenue code of 1986.--
(A) Determination of size of crew.--Subsection (b) of
section 3121 (defining employment) is amended by adding at
the end the following new sentence:
``For purposes of paragraph (20), the operating crew of a
boat shall be treated as normally made up of fewer than 10
individuals if the average size of the operating crew on
trips made during the preceding 4 calendar quarters consisted
of fewer than 10 individuals.''.
(B) Certain cash remuneration permitted.--Subparagraph (A)
of section 3121(b)(20) is amended to read as follows:
``(A) such individual does not receive any cash
remuneration other than as provided in subparagraph (B) and
other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum catch; and
``(iii) which is paid solely for additional duties (such as
mate, engineer, or cook) for which additional cash
remuneration is traditional in the industry,''.
[[Page 2051]]
(C) Conforming amendment.--Section 6050A(a) is amended by
striking ``and'' at the end of paragraph (3), by striking the
period at the end of paragraph (4) and inserting ``; and'',
and by adding at the end the following new paragraph:
``(5) any cash remuneration described in section
3121(b)(20)(A).''.
(2) Amendment of social security act.--
(A) Determination of size of crew.--Subsection (a) of
section 210 of the Social Security Act is amended by adding
at the end the following new sentence:
``For purposes of paragraph (20), the operating crew of a
boat shall be treated as normally made up of fewer than 10
individuals if the average size of the operating crew on
trips made during the preceding 4 calendar quarters consisted
of fewer than 10 individuals.''.
(B) Certain cash remuneration permitted.--Subparagraph (A)
of section 210(a)(20) of such Act is amended to read as
follows:
``(A) such individual does not receive any additional
compensation other than as provided in subparagraph (B) and
other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum catch; and
``(iii) which is paid solely for additional duties (such as
mate, engineer, or cook) for which additional cash
remuneration is traditional in the industry,''.
(3) Effective Dates.--
(A) In general.--The amendments made by this subsection
shall apply to remuneration paid--
(i) after December 31, 1994, and
(ii) after December 31, 1984, and before January 1, 1995,
unless the payor treated such remuneration (when paid) as
being subject to tax under chapter 21 of the Internal Revenue
Code of 1986.
(B) Reporting requirement.--The amendment made by paragraph
(1)(C) shall apply to remuneration paid after December 31,
1996.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 68 (relating to information concerning transactions
with other persons) is amended by inserting after section
6050Q the following new section:
``SEC. 6050R. RETURNS RELATING TO CERTAIN PURCHASES OF FISH.
``(a) Requirement of Reporting.--Every person--
``(1) who is engaged in the trade or business of purchasing
fish for resale from any person engaged in the trade or
business of catching fish; and
``(2) who makes payments in cash in the course of such
trade or business to such a person of $600 or more during any
calendar year for the purchase of fish,
shall make a return (at such times as the Secretary may
prescribe) described in subsection (b) with respect to each
person to whom such a payment was made during such calendar
year.
``(b) Return.--A return is described in this subsection if
such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each person to whom a
payment described in subsection (a)(2) was made during the
calendar year;
``(B) the aggregate amount of such payments made to such
person during such calendar year and the date and amount of
each such payment, and
``(C) such other information as the Secretary may require.
``(c) Statement To Be Furnished With Respect to Whom
Information is Required.--Every person required to make a
return under subsection (a) shall furnish to each person
whose name is required to be set forth in such return a
written statement showing--
``(1) the name and address of the person required to make
such a return, and
``(2) the aggregate amount of payments to the person
required to be shown on the return.
The written statement required under the preceding sentence
shall be furnished to the person on or before January 31 of
the year following the calendar year for which the return
under subsection (a) is required to be made.
``(d) Definitions.--For purposes of this section:
``(1) Cash.--The term `cash' has the meaning given such
term by section 6050I(d).
``(2) Fish.--The term `fish' includes other forms of
aquatic life.''.
(2) Technical amendments.--
(A) Subparagraph (A) of section 6724(d)(1) is amended by
striking ``or'' at the end of clause (vi), by striking
``and'' at the end of clause (vii) and inserting ``or'', and
by adding at the end the following new clause:
``(viii) section 6050R (relating to returns relating to
certain purchases of fish), and''.
(B) Paragraph (2) of section 6724(d) is amended by
redesignating subparagraphs (R) through (U) as subparagraphs
(S) through (V), respectively, and by inserting after
subparagraph (Q) the following new subparagraph:
``(R) section 6050R(c) (relating to returns relating to
certain purchases of fish),''.
(C) The table of sections for subpart B of part III of
subchapter A of chapter 68 is amended by inserting after the
item relating to 6050Q the following new item:
``Sec. 6050R. Returns relating to certain purchases of fish.''.
(3) Effective date.--The amendments made by this subsection
shall apply to payments made after December 31, 1997.
SEC. 1117. MODIFICATIONS OF TAX-EXEMPT BOND RULES FOR FIRST-
TIME FARMERS.
(a) Acquisition From Related Person Allowed.--Section
147(c)(2) (relating to exception for first-time farmers) is
amended by adding at the end the following new subparagraph:
``(G) Acquisition from related person.--For purposes of
this paragraph and section 144(a), the acquisition by a
first-time farmer of land or personal property from a related
person (within the meaning of section 144(a)(3)) shall not be
treated as an acquisition from a related person, if--
``(i) the acquisition price is for the fair market value of
such land or property, and
``(ii) subsequent to such acquisition, the related person
does not have a financial interest in the farming operation
with respect to which the bond proceeds are to be used.''.
(b) Substantial Farmland Amount Doubled.--Clause (i) of
section 147(c)(2)(E) (defining substantial farmland) is
amended by striking ``15 percent'' and inserting ``30
percent''.
(c) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
SEC. 1118. NEWSPAPER DISTRIBUTORS TREATED AS DIRECT SELLERS.
(a) In General.--Section 3508(b)(2)(A) is amended by
striking ``or'' at the end of clause (i), by inserting ``or''
at the end of clause (ii), and by inserting after clause (ii)
the following new clause:
``(iii) is engaged in the trade or business of the
delivering or distribution of newspapers or shopping news
(including any services directly related to such trade or
business),''.
(b) Effective Date.--The amendments made by this section
shall apply to services performed after December 31, 1995.
SEC. 1119. APPLICATION OF INVOLUNTARY CONVERSION RULES TO
PRESIDENTIALLY DECLARED DISASTERS.
(a) In General.--Section 1033(h) is amended by
redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively, and by inserting after paragraph (1) the
following new paragraph:
``(2) Trade or business and investment property.--If a
taxpayer's property held for productive use in a trade or
business or for investment is compulsorily or involuntarily
converted as a result of a Presidentially declared disaster,
tangible property of a type held for productive use in a
trade or business shall be treated for purposes of subsection
(a) as property similar or related in service or use to the
property so converted.''.
(b) Conforming Amendments.--Section 1033(h) is amended--
(1) by striking ``residence'' in paragraph (3) (as
redesignated by subsection (a)) and inserting ``property'',
(2) by striking ``Principal Residences'' in the heading and
inserting ``Property'', and
(3) by striking ``(1) In general.--'' and inserting ``(1)
Principal residences.--''.
(c) Expansion of Oklahoma City Enterprise Community.--
Notwithstanding sections 1391 and 1392(a)(3)(D) of the
Internal Revenue Code of 1986, the boundaries of the
enterprise community for Oklahoma City, Oklahoma, designated
by the Secretary of Housing and Urban Development on December
21, 1994, may be extended with respect to census tracts
located in the area damaged due to the bombing of the Alfred
P. Murrah Federal Building in Oklahoma City on April 19,
1995, primarily in the area bounded on the south by Robert S.
Kerr Avenue, on the north by North 13th Street, on the east
by Oklahoma Avenue, and on the west by Shartel Avenue.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to disasters declared after December 31, 1994, in
taxable years ending after such date.
(2) Subsection (c).--Subsection (c) shall take effect on
the date of the enactment of this Act.
SEC. 1120. CLASS LIFE FOR GAS STATION CONVENIENCE STORES AND
SIMILAR STRUCTURES.
(a) In General.--Section 168(e)(3)(E) (classifying certain
property as 15-year property) is amended by striking ``and''
at the end of clause (i), by striking the period at the end
of clause (ii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iii) any section 1250 property which is a retail motor
fuels outlet (whether or not food or other convenience items
are sold at the outlet).''.
(b) Conforming Amendment.--Subparagraph (B) of section
168(g)(3) is amended by inserting after the item relating to
subparagraph (E)(ii) in the table contained therein the
following new item:
``(E)(iii).........................................................20''
(c)Effective Date.--The amendments made by this section
shall apply to property which is placed in service on or
after the date of the enactment of this Act and to which
section 168 of the Internal Revenue Code of 1986 applies
after the amendment made by section 201 of the Tax Reform Act
of 1986. A taxpayer may elect (in such form and manner as the
Secretary of the Treasury may prescribe) to have such
amendments apply with respect to any property placed in
service before such date and to which such section so
applies.
[[Page 2052]]
SEC. 1121 TREATMENT OF ABANDONMENT OF LESSOR IMPROVEMENTS AT
TERMINATION OF LEASE.
(a) In General.--Paragraph (8) of section 168(i) is amended
to read as follows:
``(8) Treatment of leasehold improvements.--
``(A) In general.--In the case of any building erected (or
improvements made) on leased property, if such building or
improvement is property to which this section applies, the
depreciation deduction shall be determined under the
provisions of this section.
``(B) Treatment of lessor improvements which are abandoned
at termination of lease.--An improvement--
``(i) which is made by the lessor of leased property for
the lessee of such property, and
``(ii) which is irrevocably disposed of or abandoned by the
lessor at the termination of the lease by such lessee,
shall be treated for purposes of determining gain or loss
under this title as disposed of by the lessor when so
disposed of or abandoned.''.
(b) Effective Date.--Subparagraph (B) of section 168(i)(8)
of the Internal Revenue Code of 1986, as added by the
amendment made by subsection (a), shall apply to improvements
disposed of or abandoned after June 12, 1996.
SEC. 1122. SPECIAL RULES RELATING TO DETERMINATION WHETHER
INDIVIDUALS ARE EMPLOYEES FOR PURPOSES OF
EMPLOYMENT TAXES.
(a) In General.--Section 530 of the Revenue Act of 1978 is
amended by adding at the end the following new subsection:
``(e) Special Rules for Application of Section.--
``(1) Notice of availability of section.--An officer or
employee of the Internal Revenue Service shall, before or at
the commencement of any audit inquiry relating to the
employment status of one or more individuals who perform
services for the taxpayer, provide the taxpayer with a
written notice of the provisions of this section.
``(2) Rules relating to statutory standards.--For purposes
of subsection (a)(2)--
``(A) a taxpayer may not rely on an audit commenced after
December 31, 1996, for purposes of subparagraph (B) thereof
unless such audit included an examination for employment tax
purposes of whether the individual involved (or any
individual holding a position substantially similar to the
position held by the individual involved) should be treated
as an employee of the taxpayer,
``(B) in no event shall the significant segment requirement
of subparagraph (C) thereof be construed to require a
reasonable showing of the practice of more than 25 percent of
the industry (determined by not taking into account the
taxpayer), and
``(C) in applying the long-standing recognized practice
requirement of subparagraph (C) thereof--
``(i) such requirement shall not be construed as requiring
the practice to have continued for more than 10 years, and
``(ii) a practice shall not fail to be treated as long-
standing merely because such practice began after 1978.
``(3) Availability of safe harbors.--Nothing in this
section shall be construed to provide that subsection (a)
only applies where the individual involved is otherwise an
employee of the taxpayer.
``(4) Burden of proof.--
``(A) In general.--If--
``(i) a taxpayer establishes a prima facie case that it was
reasonable not to treat an individual as an employee for
purposes of this section, and
``(ii) the taxpayer has fully cooperated with reasonable
requests from the Secretary of the Treasury or his delegate,
then the burden of proof with respect to such treatment shall
be on the Secretary.
``(B) Exception for other reasonable basis.--In the case of
any issue involving whether the taxpayer had a reasonable
basis not to treat an individual as an employee for purposes
of this section, subparagraph (A) shall only apply for
purposes of determining whether the taxpayer meets the
requirements of subparagraph (A), (B), or (C) of subsection
(a)(2).
``(5) Preservation of prior period safe harbor.--If--
``(A) an individual would (but for the treatment referred
to in subparagraph (B)) be deemed not to be an employee of
the taxpayer under subsection (a) for any prior period, and
``(B) such individual is treated by the taxpayer as an
employee for employment tax purposes for any subsequent
period,
then, for purposes of applying such taxes for such prior
period with respect to the taxpayer, the individual shall be
deemed not to be an employee.
``(6) Substantially similar position.--For purposes of this
section, the determination as to whether an individual holds
a position substantially similar to a position held by
another individual shall include consideration of the
relationship between the taxpayer and such individuals.''.
(b) Effective Dates.--
(1) In general.--The amendment made by this section shall
apply to periods after December 31, 1996.
(2) Notice by internal revenue service.--Section 530(e)(1)
of the Revenue Act of 1978 (as added by subsection (a)) shall
apply to audits which commence after December 31, 1996.
(3) Burden of proof.--
(A) In general.--Section 530(e)(4) of the Revenue Act of
1978 (as added by subsection (a)) shall apply to disputes
involving periods after December 31, 1996.
(B) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment of
the burden of proof with respect to disputes involving
periods before January 1, 1997.
SEC. 1123. TREATMENT OF HOUSING PROVIDED TO EMPLOYEES BY
ACADEMIC HEALTH CENTERS.
(a) In General.--Paragraph (4) of section 119(d) (relating
to lodging furnished by certain educational institutions to
employees) is amended to read as follows:
``(4) Educational institution, etc.--For purposes of this
subsection--
``(A) In general.--The term `educational institution'
means--
``(i) an institution described in section 170(b)(1)(A)(ii)
(or an entity organized under State law and composed of
public institutions so described), or
``(ii) an academic health center.
``(B) Academic health center.--For purposes of subparagraph
(A), the term `academic health center' means an entity--
``(i) which is described in section 170(b)(1)(A)(iii),
``(ii) which receives (during the calendar year in which
the taxable year of the taxpayer begins) payments under
subsection (d)(5)(B) or (h) of section 1886 of the Social
Security Act (relating to graduate medical education), and
``(iii) which has as one of its principal purposes or
functions the providing and teaching of basic and clinical
medical science and research with the entity's own
faculty.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1995.
Subtitle B--Extension of Certain Expiring Provisions
SEC. 1201. WORK OPPORTUNITY TAX CREDIT.
(a) Amount of Credit.--Subsection (a) of section 51
(relating to amount of credit) is amended by striking ``40
percent'' and inserting ``35 percent''.
(b) Members of Targeted Groups.--Subsection (d) of section
51 is amended to read as follows:
``(d) Members of Targeted Groups.--For purposes of this
subpart--
``(1) In general.--An individual is a member of a targeted
group if such individual is--
``(A) a qualified IV-A recipient,
``(B) a qualified veteran,
``(C) a qualified ex-felon,
``(D) a high-risk youth,
``(E) a vocational rehabilitation referral,
``(F) a qualified summer youth employee, or
``(G) a qualified food stamp recipient.
``(2) Qualified iv-a recipient.--
``(A) In general.--The term `qualified IV-A recipient'
means any individual who is certified by the designated local
agency as being a member of a family receiving assistance
under a IV-A program for at least a 9-month period ending
during the 9-month period ending on the hiring date.
``(B) IV-A program.--For purposes of this paragraph, the
term `IV-A program' means any program providing assistance
under a State plan approved under part A of title IV of the
Social Security Act (relating to assistance for needy
families with minor children) and any successor of such
program.
``(3) Qualified veteran.--
``(A) In general.--The term `qualified veteran' means any
veteran who is certified by the designated local agency as
being--
``(i) a member of a family receiving assistance under a IV-
A program (as defined in paragraph (2)(B)) for at least a 9-
month period ending during the 12-month period ending on the
hiring date, or
``(ii) a member of a family receiving assistance under a
food stamp program under the Food Stamp Act of 1977 for at
least a 3-month period ending during the 12-month period
ending on the hiring date.
``(B) Veteran.--For purposes of subparagraph (A), the term
`veteran' means any individual who is certified by the
designated local agency as--
``(i)(I) having served on active duty (other than active
duty for training) in the Armed Forces of the United States
for a period of more than 180 days, or
``(II) having been discharged or released from active duty
in the Armed Forces of the United States for a service-
connected disability, and
``(ii) not having any day during the 60-day period ending
on the hiring date which was a day of extended active duty in
the Armed Forces of the United States.
For purposes of clause (ii), the term `extended active duty'
means a period of more than 90 days during which the
individual was on active duty (other than active duty for
training).
``(4) Qualified ex-felon.--The term `qualified ex-felon'
means any individual who is certified by the designated local
agency--
``(A) as having been convicted of a felony under any
statute of the United States or any State,
``(B) as having a hiring date which is not more than 1 year
after the last date on which such individual was so convicted
or was released from prison, and
``(C) as being a member of a family which had an income
during the 6 months immediately preceding the earlier of the
month in which such income determination occurs or the month
in which the hiring date occurs, which, on an annual basis,
would be 70 per
[[Page 2053]]
cent or less of the Bureau of Labor Statistics lower living
standard.
Any determination under subparagraph (C) shall be valid for
the 45-day period beginning on the date such determination is
made.
``(5) High-risk youth.--
``(A) In general.--The term `high-risk youth' means any
individual who is certified by the designated local agency--
``(i) as having attained age 18 but not age 25 on the
hiring date, and
``(ii) as having his principal place of abode within an
empowerment zone or enterprise community.
``(B) Youth must continue to reside in zone.--In the case
of a high-risk youth, the term `qualified wages' shall not
include wages paid or incurred for services performed while
such youth's principal place of abode is outside an
empowerment zone or enterprise community.
``(6) Vocational rehabilitation referral.--The term
`vocational rehabilitation referral' means any individual who
is certified by the designated local agency as--
``(A) having a physical or mental disability which, for
such individual, constitutes or results in a substantial
handicap to employment, and
``(B) having been referred to the employer upon completion
of (or while receiving) rehabilitative services pursuant to--
``(i) an individualized written rehabilitation plan under a
State plan for vocational rehabilitation services approved
under the Rehabilitation Act of 1973, or
``(ii) a program of vocational rehabilitation carried out
under chapter 31 of title 38, United States Code.
``(7) Qualified summer youth employee.--
``(A) In general.--The term `qualified summer youth
employee' means any individual--
``(i) who performs services for the employer between May 1
and September 15,
``(ii) who is certified by the designated local agency as
having attained age 16 but not 18 on the hiring date (or if
later, on May 1 of the calendar year involved),
``(iii) who has not been an employee of the employer during
any period prior to the 90-day period described in
subparagraph (B)(i), and
``(iv) who is certified by the designated local agency as
having his principal place of abode within an empowerment
zone or enterprise community.
``(B) Special rules for determining amount of credit.--For
purposes of applying this subpart to wages paid or incurred
to any qualified summer youth employee--
``(i) subsection (b)(2) shall be applied by substituting
`any 90-day period between May 1 and September 15' for `the
1-year period beginning with the day the individual begins
work for the employer', and
``(ii) subsection (b)(3) shall be applied by substituting
`$3,000' for `$6,000'.
The preceding sentence shall not apply to an individual who,
with respect to the same employer, is certified as a member
of another targeted group after such individual has been a
qualified summer youth employee.
``(C) Youth must continue to reside in zone.--Paragraph
(5)(B) shall apply for purposes of subparagraph (A)(iv).
``(8) Qualified food stamp recipient.--
``(A) In general.--The term `qualified food stamp
recipient' means any individual who is certified by the
designated local agency--
``(i) as having attained age 18 but not age 25 on the
hiring date, and
``(ii) as being a member of a family--
``(I) receiving assistance under a food stamp program under
the Food Stamp Act of 1977 for the 6-month period ending on
the hiring date, or
``(II) receiving such assistance for at least 3 months of
the 5-month period ending on the hiring date, in the case of
a member of a family who ceases to be eligible for such
assistance under section 6(o) of the Food Stamp Act of 1977.
``(B) Participation information.--Notwithstanding any other
provision of law, the Secretary of the Treasury and the
Secretary of Agriculture shall enter into an agreement to
provide information to designated local agencies with respect
to participation in the food stamp program.
``(9) Hiring date.--The term `hiring date' means the day
the individual is hired by the employer.
``(10) Designated local agency.--The term `designated local
agency' means a State employment security agency established
in accordance with the Act of June 6, 1933, as amended (29
U.S.C. 49-49n).
``(11) Special rules for certifications.--
``(A) In general.--An individual shall not be treated as a
member of a targeted group unless--
``(i) on or before the day on which such individual begins
work for the employer, the employer has received a
certification from a designated local agency that such
individual is a member of a targeted group, or
``(ii)(I) on or before the day the individual is offered
employment with the employer, a pre-screening notice is
completed by the employer with respect to such individual,
and
``(II) not later than the 21st day after the individual
begins work for the employer, the employer submits such
notice, signed by the employer and the individual under
penalties of perjury, to the designated local agency as part
of a written request for such a certification from such
agency.
For purposes of this paragraph, the term `pre-screening
notice' means a document (in such form as the Secretary shall
prescribe) which contains information provided by the
individual on the basis of which the employer believes that
the individual is a member of a targeted group.
``(B) Incorrect certifications.--If--
``(i) an individual has been certified by a designated
local agency as a member of a targeted group, and
``(ii) such certification is incorrect because it was based
on false information provided by such individual,
the certification shall be revoked and wages paid by the
employer after the date on which notice of revocation is
received by the employer shall not be treated as qualified
wages.
``(C) Explanation of denial of request.--If a designated
local agency denies a request for certification of membership
in a targeted group, such agency shall provide to the person
making such request a written explanation of the reasons for
such denial.''.
(c) Minimum Employment Period.--Paragraph (3) of section
51(i) (relating to certain individuals ineligible) is amended
to read as follows:
``(3) Individuals not meeting minimum employment period.--
No wages shall be taken into account under subsection (a)
with respect to any individual unless such individual
either--
``(A) is employed by the employer at least 180 days (20
days in the case of a qualified summer youth employee), or
``(B) has completed at least 400 hours (120 hours in the
case of a qualified summer youth employee) of services
performed for the employer.''.
(d) Termination.--Paragraph (4) of section 51(c) (relating
to wages defined) is amended to read as follows:
``(4) Termination.--The term `wages' shall not include any
amount paid or incurred to an individual who begins work for
the employer--
``(A) after December 31, 1994, and before October 1, 1996,
or
``(B) after September 30, 1997.''.
(e) Redesignation of Credit.--
(1) Sections 38(b)(2), 41(b)(2)(D)(iii), 45A(b)(1)(B), 51
(a) and (g), and 196(c) are each amended in the text by
striking ``targeted jobs credit'' each place it appears and
inserting ``work opportunity credit''.
(2) The subpart heading for subpart F of part IV of
subchapter A of chapter 1 is amended by striking ``Targeted
Jobs Credit'' and inserting ``Work Opportunity Credit''.
(3) The table of subparts for such part IV is amended by
striking ``targeted jobs credit'' and inserting ``work
opportunity credit''.
(4) The headings for sections 41(b)(2)(D)(iii) and
1396(c)(3) are each amended by striking ``targeted jobs
credit'' and inserting ``work opportunity credit''.
(5) The heading for subsection (j) of section 51 is amended
by striking ``Targeted Jobs Credit'' and inserting ``Work
Opportunity Credit''.
(f) Technical Amendment.--Paragraph (1) of section 51(c) is
amended by striking ``, subsection (d)(8)(D),''.
(g) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after September 30, 1996.
SEC. 1202. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Extension.--Subsection (d) of section 127 (relating to
educational assistance programs) is amended by striking
``December 31, 1994.'' and inserting ``May 31, 1997. In the
case of any taxable year beginning in 1997, only expenses
paid with respect to courses beginning before July 1, 1997,
shall be taken into account in determining the amount
excluded under this section.''.
(b) Limitation to Education Below Graduate Level.--The last
sentence of section 127(c)(1) is amended by inserting before
the period the following: ``, and such term also does not
include any payment for, or the provision of any benefits
with respect to, any graduate level course of a kind normally
taken by an individual pursuing a program leading to a law,
business, medical, or other advanced academic or professional
degree''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1994.
(2) Graduate education.--The amendment made by subsection
(b) shall apply with respect to expenses relating to courses
beginning after June 30, 1996.
(3) Expedited procedures.--The Secretary of the Treasury
shall establish expedited procedures for the refund of any
overpayment of taxes imposed by the Internal Revenue Code of
1986 which is attributable to amounts excluded from gross
income during 1995 or 1996 under section 127 of such Code,
including procedures waiving the requirement that an employer
obtain an employee's signature where the employer
demonstrates to the satisfaction of the Secretary that any
refund collected by the employer on behalf of the employee
will be paid to the employee.
SEC. 1203. FUTA EXEMPTION FOR ALIEN AGRICULTURAL WORKERS.
(a) In General.--Subparagraph (B) of section 3306(c)(1)
(defining employment) is amended by striking ``before January
1, 1995,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to services performed after December 31, 1994.
SEC. 1204. RESEARCH CREDIT.
(a) In General.--Subsection (h) of section 41 (relating to
credit for research activities) is amended to read as
follows:
[[Page 2054]]
``(h) Termination.--
``(1) In general.--This section shall not apply to any
amount paid or incurred--
``(A) after June 30, 1995, and before July 1, 1996, or
``(B) after May 31, 1997.
Notwithstanding the preceding sentence, in the case of a
taxpayer making an election under subsection (c)(4) for its
first taxable year beginning after June 30, 1996, and before
July 1, 1997, this section shall apply to amounts paid or
incurred during the first 11 months of such taxable year.
``(2) Computation of base amount.--In the case of any
taxable year with respect to which this section applies to a
number of days which is less than the total number of days in
such taxable year, the base amount with respect to such
taxable year shall be the amount which bears the same ratio
to the base amount for such year (determined without regard
to this paragraph) as the number of days in such taxable year
to which this section applies bears to the total number of
days in such taxable year.''.
(b) Base Amount for Start-Up Companies.--Clause (i) of
section 41(c)(3)(B) (relating to start-up companies) is
amended to read as follows:
``(i) Taxpayers to which subparagraph applies.--The fixed-
base percentage shall be determined under this subparagraph
if--
``(I) the first taxable year in which a taxpayer had both
gross receipts and qualified research expenses begins after
December 31, 1983, or
``(II) there are fewer than 3 taxable years beginning after
December 31, 1983, and before January 1, 1989, in which the
taxpayer had both gross receipts and qualified research
expenses.''.
(c) Election of Alternative Incremental Credit.--Subsection
(c) of section 41 is amended by redesignating paragraphs (4)
and (5) as paragraphs (5) and (6), respectively, and by
inserting after paragraph (3) the following new paragraph:
``(4) Election of alternative incremental credit.--
``(A) In general.--At the election of the taxpayer, the
credit determined under subsection (a)(1) shall be equal to
the sum of--
``(i) 1.65 percent of so much of the qualified research
expenses for the taxable year as exceeds 1 percent of the
average described in subsection (c)(1)(B) but does not exceed
1.5 percent of such average,
``(ii) 2.2 percent of so much of such expenses as exceeds
1.5 percent of such average but does not exceed 2 percent of
such average, and
``(iii) 2.75 percent of so much of such expenses as exceeds
2 percent of such average.
``(B) Election.--An election under this paragraph may be
made only for the first taxable year of the taxpayer
beginning after June 30, 1996. Such an election shall apply
to the taxable year for which made and all succeeding taxable
years unless revoked with the consent of the Secretary.''.
(d) Increased Credit for Contract Research Expenses With
Respect to Certain Research Consortia.--Paragraph (3) of
section 41(b) is amended by adding at the end the following
new subparagraph:
``(C) Amounts paid to certain research consortia.--
``(i) In general.--Subparagraph (A) shall be applied by
substituting `75 percent' for `65 percent' with respect to
amounts paid or incurred by the taxpayer to a qualified
research consortium for qualified research on behalf of the
taxpayer and 1 or more unrelated taxpayers. For purposes of
the preceding sentence, all persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as related taxpayers.
``(ii) Qualified research consortium.--The term `qualified
research consortium' means any organization which--
``(I) is described in section 501(c)(3) or 501(c)(6) and is
exempt from tax under section 501(a),
``(II) is organized and operated primarily to conduct
scientific research, and
``(III) is not a private foundation.''.
(e) Conforming Amendment.--Subparagraph (D) of section
28(b)(1) is amended by inserting ``, and before July 1, 1996,
and periods after May 31, 1997'' after ``June 30, 1995''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending after June 30, 1996.
(2) Subsections (c) and (d).--The amendments made by
subsections (c) and (d) shall apply to taxable years
beginning after June 30, 1996.
(3) Estimated tax.--The amendments made by this section
shall not be taken into account under section 6654 or 6655 of
the Internal Revenue Code of 1986 (relating to failure to pay
estimated tax) in determining the amount of any installment
required to be paid for a taxable year beginning in 1997.
SEC. 1205. ORPHAN DRUG TAX CREDIT.
(a) Recategorized as a Business Credit.--
(1) In general.--Section 28 (relating to clinical testing
expenses for certain drugs for rare diseases or conditions)
is transferred to subpart D of part IV of subchapter A of
chapter 1, inserted after section 45B, and redesignated as
section 45C.
(2) Conforming amendment.--Subsection (b) of section 38
(relating to general business credit) is amended by striking
``plus'' at the end of paragraph (10), by striking the period
at the end of paragraph (11) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(12) the orphan drug credit determined under section
45C(a).''.
(3) Clerical amendments.--
(A) The table of sections for subpart B of such part IV is
amended by striking the item relating to section 28.
(B) The table of sections for subpart D of such part IV is
amended by adding at the end the following new item:
``Sec. 45C. Clinical testing expenses for certain drugs for rare
diseases or conditions.''.
(b) Credit Termination.--Subsection (e) of section 45C, as
redesignated by subsection (a)(1), is amended to read as
follows:
``(e) Termination.--This section shall not apply to any
amount paid or incurred--
``(1) after December 31, 1994, and before July 1, 1996, or
``(2) after May 31, 1997.''.
(c) No Pre-July 1, 1996 Carrybacks.--Subsection (d) of
section 39 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following new
paragraph:
``(7) No carryback of section 45c credit before july 1,
1996.--No portion of the unused business credit for any
taxable year which is attributable to the orphan drug credit
determined under section 45C may be carried back to a taxable
year ending before July 1, 1996.''.
(d) Additional Conforming Amendments.--
(1) Section 45C(a), as redesignated by subsection (a)(1),
is amended by striking ``There shall be allowed as a credit
against the tax imposed by this chapter for the taxable
year'' and inserting ``For purposes of section 38, the credit
determined under this section for the taxable year is''.
(2) Section 45C(d), as so redesignated, is amended by
striking paragraph (2) and by redesignating paragraphs (3),
(4), and (5) as paragraphs (2), (3), and (4).
(3) Section 29(b)(6)(A) is amended by striking ``sections
27 and 28'' and inserting ``section 27''.
(4) Section 30(b)(3)(A) is amended by striking ``sections
27, 28, and 29'' and inserting ``sections 27 and 29''.
(5) Section 53(d)(1)(B) is amended--
(A) by striking ``or not allowed under section 28 solely by
reason of the application of section 28(d)(2)(B),'' in clause
(iii), and
(B) by striking ``or not allowed under section 28 solely by
reason of the application of section 28(d)(2)(B)'' in clause
(iv)(II).
(6) Section 55(c)(2) is amended by striking ``28(d)(2),''.
(7) Section 280C(b) is amended--
(A) by striking ``section 28(b)'' in paragraph (1) and
inserting ``section 45C(b)'',
(B) by striking ``section 28'' in paragraphs (1) and (2)(A)
and inserting ``section 45C'', and
(C) by striking ``subsection (d)(2) thereof'' in paragraphs
(1) and (2)(A) and inserting ``section 38(c)''.
(e) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred in taxable years
ending after June 30, 1996.
SEC. 1206. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS.
(a) In General.--Subparagraph (D) of section 170(e)(5)
(relating to special rule for contributions of stock for
which market quotations are readily available) is amended to
read as follows:
``(D) Termination.--This paragraph shall not apply to
contributions made--
``(i) after December 31, 1994, and before July 1, 1996, or
``(ii) after May 31, 1997.''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after June 30, 1996.
SEC. 1207. EXTENSION OF BINDING CONTRACT DATE FOR BIOMASS AND
COAL FACILITIES.
(a) In General.--Subparagraph (A) of section 29(g)(1)
(relating to extension of certain facilities) is amended by
striking ``January 1, 1997'' and inserting ``July 1, 1998''
and by striking ``January 1, 1996'' and inserting ``January
1, 1997''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 1208. MORATORIUM FOR EXCISE TAX ON DIESEL FUEL SOLD FOR
USE OR USED IN DIESEL-POWERED MOTORBOATS.
Subparagraph (D) of section 4041(a)(1) (relating to the
imposition of tax on diesel fuel and special motor fuels) is
amended by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively, and by inserting before clause (ii)
(as redesignated) the following new clause:
``(i) no tax shall be imposed by subsection (a) or (d)(1)
during the period beginning on the date which is 7 days after
the date of the enactment of the Small Business Job
Protection Act of 1996 and ending on December 31, 1997,''.
Subtitle C--Provisions Relating to S Corporations
SEC. 1301. S CORPORATIONS PERMITTED TO HAVE 75 SHAREHOLDERS.
Subparagraph (A) of section 1361(b)(1) (defining small
business corporation) is amended by striking ``35
shareholders'' and inserting ``75 shareholders''.
SEC. 1302. ELECTING SMALL BUSINESS TRUSTS.
(a) General Rule.--Subparagraph (A) of section 1361(c)(2)
(relating to certain trusts permitted as shareholders) is
amended by inserting after clause (iv) the following new
clause:
``(v) An electing small business trust.''.
(b) Current Beneficiaries Treated as Shareholders.--
Subparagraph (B) of section
[[Page 2055]]
1361(c)(2) is amended by adding at the end the following new
clause:
``(v) In the case of a trust described in clause (v) of
subparagraph (A), each potential current beneficiary of such
trust shall be treated as a shareholder; except that, if for
any period there is no potential current beneficiary of such
trust, such trust shall be treated as the shareholder during
such period.''.
(c) Electing Small Business Trust Defined.--Section 1361
(defining S corporation) is amended by adding at the end the
following new subsection:
``(e) Electing Small Business Trust Defined.--
``(1) Electing small business trust.--For purposes of this
section--
``(A) In general.--Except as provided in subparagraph (B),
the term `electing small business trust' means any trust if--
``(i) such trust does not have as a beneficiary any person
other than (I) an individual, (II) an estate, or (III) an
organization described in paragraph (2), (3), (4), or (5) of
section 170(c) which holds a contingent interest and is not a
potential current beneficiary,
``(ii) no interest in such trust was acquired by purchase,
and
``(iii) an election under this subsection applies to such
trust.
``(B) Certain trusts not eligible.--The term `electing
small business trust' shall not include--
``(i) any qualified subchapter S trust (as defined in
subsection (d)(3)) if an election under subsection (d)(2)
applies to any corporation the stock of which is held by such
trust, and
``(ii) any trust exempt from tax under this subtitle.
``(C) Purchase.--For purposes of subparagraph (A), the term
`purchase' means any acquisition if the basis of the property
acquired is determined under section 1012.
``(2) Potential current beneficiary.--For purposes of this
section, the term `potential current beneficiary' means, with
respect to any period, any person who at any time during such
period is entitled to, or at the discretion of any person may
receive, a distribution from the principal or income of the
trust. If a trust disposes of all of the stock which it holds
in an S corporation, then, with respect to such corporation,
the term `potential current beneficiary' does not include any
person who first met the requirements of the preceding
sentence during the 60-day period ending on the date of such
disposition.
``(3) Election.--An election under this subsection shall be
made by the trustee. Any such election shall apply to the
taxable year of the trust for which made and all subsequent
taxable years of such trust unless revoked with the consent
of the Secretary.
``(4) Cross reference.--
``For special treatment of electing small business trusts, see
section 641(d).''.
(d) Taxation of Electing Small Business Trusts.--Section
641 (relating to imposition of tax on trusts) is amended by
adding at the end the following new subsection:
``(d) Special Rules for Taxation of Electing Small Business
Trusts.--
``(1) In general.--For purposes of this chapter--
``(A) the portion of any electing small business trust
which consists of stock in 1 or more S corporations shall be
treated as a separate trust, and
``(B) the amount of the tax imposed by this chapter on such
separate trust shall be determined with the modifications of
paragraph (2).
``(2) Modifications.--For purposes of paragraph (1), the
modifications of this paragraph are the following:
``(A) Except as provided in section 1(h), the amount of the
tax imposed by section 1(e) shall be determined by using the
highest rate of tax set forth in section 1(e).
``(B) The exemption amount under section 55(d) shall be
zero.
``(C) The only items of income, loss, deduction, or credit
to be taken into account are the following:
``(i) The items required to be taken into account under
section 1366.
``(ii) Any gain or loss from the disposition of stock in an
S corporation.
``(iii) To the extent provided in regulations, State or
local income taxes or administrative expenses to the extent
allocable to items described in clauses (i) and (ii).
No deduction or credit shall be allowed for any amount not
described in this paragraph, and no item described in this
paragraph shall be apportioned to any beneficiary.
``(D) No amount shall be allowed under paragraph (1) or (2)
of section 1211(b).
``(3) Treatment of remainder of trust and distributions.--
For purposes of determining--
``(A) the amount of the tax imposed by this chapter on the
portion of any electing small business trust not treated as a
separate trust under paragraph (1), and
``(B) the distributable net income of the entire trust,
the items referred to in paragraph (2)(C) shall be excluded.
Except as provided in the preceding sentence, this subsection
shall not affect the taxation of any distribution from the
trust.
``(4) Treatment of unused deductions where termination of
separate trust.--If a portion of an electing small business
trust ceases to be treated as a separate trust under
paragraph (1), any carryover or excess deduction of the
separate trust which is referred to in section 642(h) shall
be taken into account by the entire trust.
``(5) Electing small business trust.--For purposes of this
subsection, the term `electing small business trust' has the
meaning given such term by section 1361(e)(1).''.
(e) Technical Amendment.--Paragraph (1) of section 1366(a)
is amended by inserting ``, or of a trust or estate which
terminates,'' after ``who dies''.
SEC. 1303. EXPANSION OF POST-DEATH QUALIFICATION FOR CERTAIN
TRUSTS.
Subparagraph (A) of section 1361(c)(2) (relating to certain
trusts permitted as shareholders) is amended--
(1) by striking ``60-day period'' each place it appears in
clauses (ii) and (iii) and inserting ``2-year period'', and
(2) by striking the last sentence in clause (ii).
SEC. 1304. FINANCIAL INSTITUTIONS PERMITTED TO HOLD SAFE
HARBOR DEBT.
Clause (iii) of section 1361(c)(5)(B) (defining straight
debt) is amended by striking ``or a trust described in
paragraph (2)'' and inserting ``a trust described in
paragraph (2), or a person which is actively and regularly
engaged in the business of lending money''.
SEC. 1305. RULES RELATING TO INADVERTENT TERMINATIONS AND
INVALID ELECTIONS.
(a) General Rule.--Subsection (f) of section 1362 (relating
to inadvertent terminations) is amended to read as follows:
``(f) Inadvertent Invalid Elections or Terminations.--If--
``(1) an election under subsection (a) by any corporation--
``(A) was not effective for the taxable year for which made
(determined without regard to subsection (b)(2)) by reason of
a failure to meet the requirements of section 1361(b) or to
obtain shareholder consents, or
``(B) was terminated under paragraph (2) or (3) of
subsection (d),
``(2) the Secretary determines that the circumstances
resulting in such ineffectiveness or termination were
inadvertent,
``(3) no later than a reasonable period of time after
discovery of the circumstances resulting in such
ineffectiveness or termination, steps were taken--
``(A) so that the corporation is a small business
corporation, or
``(B) to acquire the required shareholder consents, and
``(4) the corporation, and each person who was a
shareholder in the corporation at any time during the period
specified pursuant to this subsection, agrees to make such
adjustments (consistent with the treatment of the corporation
as an S corporation) as may be required by the Secretary with
respect to such period,
then, notwithstanding the circumstances resulting in such
ineffectiveness or termination, such corporation shall be
treated as an S corporation during the period specified by
the Secretary.''.
(b) Late Elections, Etc.--Subsection (b) of section 1362 is
amended by adding at the end the following new paragraph:
``(5) Authority to treat late elections, etc., as timely.--
If--
``(A) an election under subsection (a) is made for any
taxable year (determined without regard to paragraph (3))
after the date prescribed by this subsection for making such
election for such taxable year or no such election is made
for any taxable year, and
``(B) the Secretary determines that there was reasonable
cause for the failure to timely make such election,
the Secretary may treat such an election as timely made for
such taxable year (and paragraph (3) shall not apply).''.
(c) Effective Date.--The amendments made by subsection (a)
and (b) shall apply with respect to elections for taxable
years beginning after December 31, 1982.
SEC. 1306. AGREEMENT TO TERMINATE YEAR.
Paragraph (2) of section 1377(a) (relating to pro rata
share) is amended to read as follows:
``(2) Election to terminate year.--
``(A) In general.--Under regulations prescribed by the
Secretary, if any shareholder terminates the shareholder's
interest in the corporation during the taxable year and all
affected shareholders and the corporation agree to the
application of this paragraph, paragraph (1) shall be applied
to the affected shareholders as if the taxable year consisted
of 2 taxable years the first of which ends on the date of the
termination.
``(B) Affected shareholders.--For purposes of subparagraph
(A), the term `affected shareholders' means the shareholder
whose interest is terminated and all shareholders to whom
such shareholder has transferred shares during the taxable
year. If such shareholder has transferred shares to the
corporation, the term `affected shareholders' shall include
all persons who are shareholders during the taxable year.''.
SEC. 1307. EXPANSION OF POST-TERMINATION TRANSITION PERIOD.
(a) In General.--Paragraph (1) of section 1377(b) (relating
to post-termination transition period) is amended by striking
``and'' at the end of subparagraph (A), by redesignating
subparagraph (B) as subparagraph (C), and by inserting after
subparagraph (A) the following new subparagraph:
``(B) the 120-day period beginning on the date of any
determination pursuant to an audit of the taxpayer which
follows the termination of the corporation's election and
which adjusts a subchapter S item of income, loss, or
deduction of the corporation arising during the S period (as
defined in section 1368(e)(2)), and''.
(b) Determination Defined.--Paragraph (2) of section
1377(b) is amended by striking
[[Page 2056]]
subparagraphs (A) and (B), by redesignating subparagraph (C)
as subparagraph (B), and by inserting before subparagraph (B)
(as so redesignated) the following new subparagraph:
``(A) a determination as defined in section 1313(a), or''.
(c) Repeal of Special Audit Provisions for Subchapter S
Items.--
(1) General rule.--Subchapter D of chapter 63 (relating to
tax treatment of subchapter S items) is hereby repealed.
(2) Consistent treatment required.--Section 6037 (relating
to return of S corporation) is amended by adding at the end
the following new subsection:
``(c) Shareholder's Return Must Be Consistent With
Corporate Return or Secretary Notified of Inconsistency.--
``(1) In general.--A shareholder of an S corporation shall,
on such shareholder's return, treat a subchapter S item in a
manner which is consistent with the treatment of such item on
the corporate return.
``(2) Notification of inconsistent treatment.--
``(A) In general.--In the case of any subchapter S item,
if--
``(i)(I) the corporation has filed a return but the
shareholder's treatment on his return is (or may be)
inconsistent with the treatment of the item on the corporate
return, or
``(II) the corporation has not filed a return, and
``(ii) the shareholder files with the Secretary a statement
identifying the inconsistency,
paragraph (1) shall not apply to such item.
``(B) Shareholder receiving incorrect information.--A
shareholder shall be treated as having complied with clause
(ii) of subparagraph (A) with respect to a subchapter S item
if the shareholder--
``(i) demonstrates to the satisfaction of the Secretary
that the treatment of the subchapter S item on the
shareholder's return is consistent with the treatment of the
item on the schedule furnished to the shareholder by the
corporation, and
``(ii) elects to have this paragraph apply with respect to
that item.
``(3) Effect of failure to notify.--In any case--
``(A) described in subparagraph (A)(i)(I) of paragraph (2),
and
``(B) in which the shareholder does not comply with
subparagraph (A)(ii) of paragraph (2),
any adjustment required to make the treatment of the items by
such shareholder consistent with the treatment of the items
on the corporate return shall be treated as arising out of
mathematical or clerical errors and assessed according to
section 6213(b)(1). Paragraph (2) of section 6213(b) shall
not apply to any assessment referred to in the preceding
sentence.
``(4) Subchapter s item.--For purposes of this subsection,
the term `subchapter S item' means any item of an S
corporation to the extent that regulations prescribed by the
Secretary provide that, for purposes of this subtitle, such
item is more appropriately determined at the corporation
level than at the shareholder level.
``(5) Addition to tax for failure to comply with section.--
``For addition to tax in the case of a shareholder's negligence in
connection with, or disregard of, the requirements of this section, see
part II of subchapter A of chapter 68.''.
(3) Conforming amendments.--
(A) Section 1366 is amended by striking subsection (g).
(B) Subsection (b) of section 6233 is amended to read as
follows:
``(b) Similar Rules in Certain Cases.--If a partnership
return is filed for any taxable year but it is determined
that there is no entity for such taxable year, to the extent
provided in regulations, rules similar to the rules of
subsection (a) shall apply.''.
(C) The table of subchapters for chapter 63 is amended by
striking the item relating to subchapter D.
SEC. 1308. S CORPORATIONS PERMITTED TO HOLD SUBSIDIARIES.
(a) In General.--Paragraph (2) of section 1361(b) (defining
ineligible corporation) is amended by striking subparagraph
(A) and by redesignating subparagraphs (B), (C), (D), and (E)
as subparagraphs (A), (B), (C), and (D), respectively.
(b) Treatment of Certain Wholly Owned S Corporation
Subsidiaries.--Section 1361(b) (defining small business
corporation) is amended by adding at the end the following
new paragraph:
``(3) Treatment of certain wholly owned subsidiaries.--
``(A) In general.--For purposes of this title--
``(i) a corporation which is a qualified subchapter S
subsidiary shall not be treated as a separate corporation,
and
``(ii) all assets, liabilities, and items of income,
deduction, and credit of a qualified subchapter S subsidiary
shall be treated as assets, liabilities, and such items (as
the case may be) of the S corporation.
``(B) Qualified subchapter s subsidiary.--For purposes of
this paragraph, the term `qualified subchapter S subsidiary'
means any domestic corporation which is not an ineligible
corporation (as defined in paragraph (2)), if--
``(i) 100 percent of the stock of such corporation is held
by the S corporation, and
``(ii) the S corporation elects to treat such corporation
as a qualified subchapter S subsidiary.
``(C) Treatment of terminations of qualified subchapter s
subsidiary status.--For purposes of this title, if any
corporation which was a qualified subchapter S subsidiary
ceases to meet the requirements of subparagraph (B), such
corporation shall be treated as a new corporation acquiring
all of its assets (and assuming all of its liabilities)
immediately before such cessation from the S corporation in
exchange for its stock.
``(D) Election after termination.--If a corporation's
status as a qualified subchapter S subsidiary terminates,
such corporation (and any successor corporation) shall not be
eligible to make--
``(i) an election under subparagraph (B)(ii) to be treated
as a qualified subchapter S subsidiary, or
``(ii) an election under section 1362(a) to be treated as
an S corporation,
before its 5th taxable year which begins after the 1st
taxable year for which such termination was effective, unless
the Secretary consents to such election.''.
(c) Certain Dividends Not Treated as Passive Investment
Income.--Paragraph (3) of section 1362(d) is amended by
adding at the end the following new subparagraph:
``(F) Treatment of certain dividends.--If an S corporation
holds stock in a C corporation meeting the requirements of
section 1504(a)(2), the term `passive investment income'
shall not include dividends from such C corporation to the
extent such dividends are attributable to the earnings and
profits of such C corporation derived from the active conduct
of a trade or business.''.
(d) Conforming Amendments.--
(1) Subsection (c) of section 1361 is amended by striking
paragraph (6).
(2) Subsection (b) of section 1504 (defining includible
corporation) is amended by adding at the end the following
new paragraph:
``(8) An S corporation.''.
SEC. 1309. TREATMENT OF DISTRIBUTIONS DURING LOSS YEARS.
(a) Adjustments for Distributions Taken Into Account Before
Losses.--
(1) Subparagraph (A) of section 1366(d)(1) (relating to
losses and deductions cannot exceed shareholder's basis in
stock and debt) is amended by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)(A)''.
(2) Subsection (d) of section 1368 (relating to certain
adjustments taken into account) is amended by adding at the
end the following new sentence:
``In the case of any distribution made during any taxable
year, the adjusted basis of the stock shall be determined
with regard to the adjustments provided in paragraph (1) of
section 1367(a) for the taxable year.''.
(b) Accumulated Adjustments Account.--Paragraph (1) of
section 1368(e) (relating to accumulated adjustments account)
is amended by adding at the end the following new
subparagraph:
``(C) Net loss for year disregarded.--
``(i) In general.--In applying this section to
distributions made during any taxable year, the amount in the
accumulated adjustments account as of the close of such
taxable year shall be determined without regard to any net
negative adjustment for such taxable year.
``(ii) Net negative adjustment.--For purposes of clause
(i), the term `net negative adjustment' means, with respect
to any taxable year, the excess (if any) of--
``(I) the reductions in the account for the taxable year
(other than for distributions), over
``(II) the increases in such account for such taxable
year.''.
(c) Conforming Amendments.--Subparagraph (A) of section
1368(e)(1) is amended--
(1) by striking ``as provided in subparagraph (B)'' and
inserting ``as otherwise provided in this paragraph'', and
(2) by striking ``section 1367(b)(2)(A)'' and inserting
``section 1367(a)(2)''.
SEC. 1310. TREATMENT OF S CORPORATIONS UNDER SUBCHAPTER C.
Subsection (a) of section 1371 (relating to application of
subchapter C rules) is amended to read as follows:
``(a) Application of Subchapter C Rules.--Except as
otherwise provided in this title, and except to the extent
inconsistent with this subchapter, subchapter C shall apply
to an S corporation and its shareholders.''.
SEC. 1311. ELIMINATION OF CERTAIN EARNINGS AND PROFITS.
(a) In General.--If--
(1) a corporation was an electing small business
corporation under subchapter S of chapter 1 of the Internal
Revenue Code of 1986 for any taxable year beginning before
January 1, 1983, and
(2) such corporation is an S corporation under subchapter S
of chapter 1 of such Code for its first taxable year
beginning after December 31, 1996,
the amount of such corporation's accumulated earnings and
profits (as of the beginning of such first taxable year)
shall be reduced by an amount equal to the portion (if any)
of such accumulated earnings and profits which were
accumulated in any taxable year beginning before January 1,
1983, for which such corporation was an electing small
business corporation under such subchapter S.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 1362(d), as amended by section
1308, is amended--
(A) by striking ``subchapter c'' in the paragraph heading
and inserting ``accumulated'',
(B) by striking ``subchapter C'' in subparagraph (A)(i)(I)
and inserting ``accumulated'', and
[[Page 2057]]
(C) by striking subparagraph (B) and redesignating the
following subparagraphs accordingly.
(2)(A) Subsection (a) of section 1375 is amended by
striking ``subchapter C'' in paragraph (1) and inserting
``accumulated''.
(B) Paragraph (3) of section 1375(b) is amended to read as
follows:
``(3) Passive investment income, etc.--The terms `passive
investment income' and `gross receipts' have the same
respective meanings as when used in paragraph (3) of section
1362(d).''.
(C) The section heading for section 1375 is amended by
striking ``SUBCHAPTER C'' and inserting ``ACCUMULATED''.
(D) The table of sections for part III of subchapter S of
chapter 1 is amended by striking ``subchapter C'' in the item
relating to section 1375 and inserting ``accumulated''.
(3) Clause (i) of section 1042(c)(4)(A) is amended by
striking ``section 1362(d)(3)(D)'' and inserting ``section
1362(d)(3)(C)''.
SEC. 1312. CARRYOVER OF DISALLOWED LOSSES AND DEDUCTIONS
UNDER AT-RISK RULES ALLOWED.
Paragraph (3) of section 1366(d) (relating to carryover of
disallowed losses and deductions to post-termination
transition period) is amended by adding at the end the
following new subparagraph:
``(D) At-risk limitations.--To the extent that any increase
in adjusted basis described in subparagraph (B) would have
increased the shareholder's amount at risk under section 465
if such increase had occurred on the day preceding the
commencement of the post-termination transition period, rules
similar to the rules described in subparagraphs (A) through
(C) shall apply to any losses disallowed by reason of section
465(a).''.
SEC. 1313. ADJUSTMENTS TO BASIS OF INHERITED S STOCK TO
REFLECT CERTAIN ITEMS OF INCOME.
(a) In General.--Subsection (b) of section 1367 (relating
to adjustments to basis of stock of shareholders, etc.) is
amended by adding at the end the following new paragraph:
``(4) Adjustments in case of inherited stock.--
``(A) In general.--If any person acquires stock in an S
corporation by reason of the death of a decedent or by
bequest, devise, or inheritance, section 691 shall be applied
with respect to any item of income of the S corporation in
the same manner as if the decedent had held directly his pro
rata share of such item.
``(B) Adjustments to basis.--The basis determined under
section 1014 of any stock in an S corporation shall be
reduced by the portion of the value of the stock which is
attributable to items constituting income in respect of the
decedent.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply in the case of decedents dying after the date of
the enactment of this Act.
SEC. 1314. S CORPORATIONS ELIGIBLE FOR RULES APPLICABLE TO
REAL PROPERTY SUBDIVIDED FOR SALE BY
NONCORPORATE TAXPAYERS.
(a) In General.--Subsection (a) of section 1237 (relating
to real property subdivided for sale) is amended by striking
``other than a corporation'' in the material preceding
paragraph (1) and inserting ``other than a C corporation''.
(b) Conforming Amendment.--Subparagraph (A) of section
1237(a)(2) is amended by inserting ``an S corporation which
included the taxpayer as a shareholder,'' after ``controlled
by the taxpayer,''.
SEC. 1315. FINANCIAL INSTITUTIONS.
Subparagraph (A) of section 1361(b)(2) (defining ineligible
corporation), as redesignated by section 1308(a), is amended
to read as follows:
``(A) a financial institution which uses the reserve method
of accounting for bad debts described in section 585,''.
SEC. 1316. CERTAIN EXEMPT ORGANIZATIONS ALLOWED TO BE
SHAREHOLDERS.
(a) Eligibility To Be Shareholders.--
(1) In general.--Subparagraph (B) of section 1361(b)(1)
(defining small business corporation) is amended to read as
follows:
``(B) have as a shareholder a person (other than an estate,
a trust described in subsection (c)(2), or an organization
described in subsection (c)(7)) who is not an individual,''.
(2) Eligible exempt organizations.--Section 1361(c)
(relating to special rules for applying subsection (b)) is
amended by adding at the end the following new paragraph:
``(7) Certain exempt organizations permitted as
shareholders.--For purposes of subsection (b)(1)(B), an
organization which is--
``(A) described in section 401(a) or 501(c)(3), and
``(B) exempt from taxation under section 501(a),
may be a shareholder in an S corporation.''.
(b) Contributions of S Corporation Stock.--Section
170(e)(1) (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the
end the following new sentence: ``For purposes of applying
this paragraph in the case of a charitable contribution of
stock in an S corporation, rules similar to the rules of
section 751 shall apply in determining whether gain on such
stock would have been long-term capital gain if such stock
were sold by the taxpayer.''.
(c) Treatment of Income.--Section 512 (relating to
unrelated business taxable income), as amended by section
1113, is amended by adding at the end the following new
subsection:
``(e) Special Rules Applicable to S Corporations.--
``(1) In general.--If an organization described in section
1361(c)(7) holds stock in an S corporation--
``(A) such interest shall be treated as an interest in an
unrelated trade or business; and
``(B) notwithstanding any other provision of this part--
``(i) all items of income, loss, or deduction taken into
account under section 1366(a), and
``(ii) any gain or loss on the disposition of the stock in
the S corporation
shall be taken into account in computing the unrelated
business taxable income of such organization.
``(2) Basis reduction.--Except as provided in regulations,
for purposes of paragraph (1), the basis of any stock
acquired by purchase (within the meaning of section 1012)
shall be reduced by the amount of any dividends received by
the organization with respect to the stock.''.
(d) Certain Benefits not Applicable to S Corporations.--
(1) Contribution to esops.--Paragraph (9) of section 404(a)
(relating to certain contributions to employee ownership
plans) is amended by inserting at the end the following new
subparagraph:
``(C) S corporations.--This paragraph shall not apply to an
S corporation.''.
(2) Dividends on employer securities.--Paragraph (1) of
section 404(k) (relating to deduction for dividends on
certain employer securities) is amended by striking ``a
corporation'' and inserting ``a C corporation''.
(3) Exchange treatment.--Subparagraph (A) of section
1042(c)(1) (defining qualified securities) is amended by
striking ``domestic corporation'' and inserting ``domestic C
corporation''.
(e) Conforming Amendment.--Clause (i) of section
1361(e)(1)(A), as added by section 1302, is amended by
striking ``which holds a contingent interest and is not a
potential current beneficiary''.
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1997.
SEC. 1317. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this
subtitle, the amendments made by this subtitle shall apply to
taxable years beginning after December 31, 1996.
(b) Treatment of Certain Elections Under Prior Law.--For
purposes of section 1362(g) of the Internal Revenue Code of
1986 (relating to election after termination), any
termination under section 1362(d) of such Code in a taxable
year beginning before January 1, 1997, shall not be taken
into account.
Subtitle D--Pension Simplification
CHAPTER 1--SIMPLIFIED DISTRIBUTION RULES
SEC. 1401. REPEAL OF 5-YEAR INCOME AVERAGING FOR LUMP-SUM
DISTRIBUTIONS.
(a) In General.--Subsection (d) of section 402 (relating to
taxability of beneficiary of employees' trust) is amended to
read as follows:
``(d) Taxability of Beneficiary of Certain Foreign Situs
Trusts.--For purposes of subsections (a), (b), and (c), a
stock bonus, pension, or profit-sharing trust which would
qualify for exemption from tax under section 501(a) except
for the fact that it is a trust created or organized outside
the United States shall be treated as if it were a trust
exempt from tax under section 501(a).''.
(b) Conforming Amendments.--
(1) Subparagraph (D) of section 402(e)(4) (relating to
other rules applicable to exempt trusts) is amended to read
as follows:
``(D) Lump-sum distribution.--For purposes of this
paragraph--
``(i) In general.--The term `lump sum distribution' means
the distribution or payment within one taxable year of the
recipient of the balance to the credit of an employee which
becomes payable to the recipient--
``(I) on account of the employee's death,
``(II) after the employee attains age 59\1/2\,
``(III) on account of the employee's separation from
service, or
``(IV) after the employee has become disabled (within the
meaning of section 72(m)(7)),
from a trust which forms a part of a plan described in
section 401(a) and which is exempt from tax under section 501
or from a plan described in section 403(a). Subclause (III)
of this clause shall be applied only with respect to an
individual who is an employee without regard to section
401(c)(1), and subclause (IV) shall be applied only with
respect to an employee within the meaning of section
401(c)(1). For purposes of this clause, a distribution to two
or more trusts shall be treated as a distribution to one
recipient. For purposes of this paragraph, the balance to the
credit of the employee does not include the accumulated
deductible employee contributions under the plan (within the
meaning of section 72(o)(5)).
``(ii) Aggregation of certain trusts and plans.--For
purposes of determining the balance to the credit of an
employee under clause (i)--
``(I) all trusts which are part of a plan shall be treated
as a single trust, all pension plans maintained by the
employer shall be treated as a single plan, all profit-
sharing plans maintained by the employer shall be treated as
a single plan, and all stock bonus plans maintained by the
employer shall be treated as a single plan, and
``(II) trusts which are not qualified trusts under section
401(a) and annuity contracts
[[Page 2058]]
which do not satisfy the requirements of section 404(a)(2)
shall not be taken into account.
``(iii) Community property laws.--The provisions of this
paragraph shall be applied without regard to community
property laws.
``(iv) Amounts subject to penalty.--This paragraph shall
not apply to amounts described in subparagraph (A) of section
72(m)(5) to the extent that section 72(m)(5) applies to such
amounts.
``(v) Balance to credit of employee not to include amounts
payable under qualified domestic relations order.--For
purposes of this paragraph, the balance to the credit of an
employee shall not include any amount payable to an alternate
payee under a qualified domestic relations order (within the
meaning of section 414(p)).
``(vi) Transfers to cost-of-living arrangement not treated
as distribution.--For purposes of this paragraph, the balance
to the credit of an employee under a defined contribution
plan shall not include any amount transferred from such
defined contribution plan to a qualified cost-of-living
arrangement (within the meaning of section 415(k)(2)) under a
defined benefit plan.
``(vii) Lump-sum distributions of alternate payees.--If any
distribution or payment of the balance to the credit of an
employee would be treated as a lump-sum distribution, then,
for purposes of this paragraph, the payment under a qualified
domestic relations order (within the meaning of section
414(p)) of the balance to the credit of an alternate payee
who is the spouse or former spouse of the employee shall be
treated as a lump-sum distribution. For purposes of this
clause, the balance to the credit of the alternate payee
shall not include any amount payable to the employee.''.
(2) Section 402(c) (relating to rules applicable to
rollovers from exempt trusts) is amended by striking
paragraph (10).
(3) Paragraph (1) of section 55(c) (defining regular tax)
is amended by striking ``shall not include any tax imposed by
section 402(d) and''.
(4) Paragraph (8) of section 62(a) (relating to certain
portion of lump-sum distributions from pension plans taxed
under section 402(d)) is hereby repealed.
(5) Section 401(a)(28)(B) (relating to coordination with
distribution rules) is amended by striking clause (v).
(6) Subparagraph (B)(ii) of section 401(k)(10) (relating to
distributions that must be lump-sum distributions) is amended
to read as follows:
``(ii) Lump-sum distribution.--For purposes of this
subparagraph, the term `lump-sum distribution' has the
meaning given such term by section 402(e)(4)(D) (without
regard to subclauses (I), (II), (III), and (IV) of clause (i)
thereof).''.
(7) Section 406(c) (relating to termination of status as
deemed employee not to be treated as separation from service
for purposes of limitation of tax) is hereby repealed.
(8) Section 407(c) (relating to termination of status as
deemed employee not to be treated as separation from service
for purposes of limitation of tax) is hereby repealed.
(9) Section 691(c) (relating to deduction for estate tax)
is amended by striking paragraph (5).
(10) Paragraph (1) of section 871(b) (relating to
imposition of tax) is amended by striking ``section 1, 55, or
402(d)(1)'' and inserting ``section 1 or 55''.
(11) Subsection (b) of section 877 (relating to alternative
tax) is amended by striking ``section 1, 55, or 402(d)(1)''
and inserting ``section 1 or 55''.
(12) Section 4980A(c)(4) is amended--
(A) by striking ``to which an election under section
402(d)(4)(B) applies'' and inserting ``(as defined in section
402(e)(4)(D)) with respect to which the individual elects to
have this paragraph apply'',
(B) by adding at the end the following new flush sentence:
``An individual may elect to have this paragraph apply to
only one lump-sum distribution.'', and
(C) by striking the heading and inserting:
``(4) Special one-time election.--''.
(13) Section 402(e) is amended by striking paragraph (5).
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
(2) Retention of certain transition rules.--The amendments
made by this section shall not apply to any distribution for
which the taxpayer is eligible to elect the benefits of
section 1122 (h)(3) or (h)(5) of the Tax Reform Act of 1986.
Notwithstanding the preceding sentence, individuals who elect
such benefits after December 31, 1999, shall not be eligible
for 5-year averaging under section 402(d) of the Internal
Revenue Code of 1986 (as in effect immediately before such
amendments).
SEC. 1402. REPEAL OF $5,000 EXCLUSION OF EMPLOYEES' DEATH
BENEFITS.
(a) In General.--Subsection (b) of section 101 is hereby
repealed.
(b) Conforming Amendments.--
(1) Subsection (c) of section 101 is amended by striking
``subsection (a) or (b)'' and inserting ``subsection (a)''.
(2) Sections 406(e) and 407(e) are each amended by striking
paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(3) Section 7701(a)(20) is amended by striking ``, for the
purpose of applying the provisions of section 101(b) with
respect to employees' death benefits''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to decedents dying after the date of
the enactment of this Act.
SEC. 1403. SIMPLIFIED METHOD FOR TAXING ANNUITY DISTRIBUTIONS
UNDER CERTAIN EMPLOYER PLANS.
(a) General Rule.--Subsection (d) of section 72 (relating
to annuities; certain proceeds of endowment and life
insurance contracts) is amended to read as follows:
``(d) Special Rules for Qualified Employer Retirement
Plans.--
``(1) Simplified method of taxing annuity payments.--
``(A) In general.--In the case of any amount received as an
annuity under a qualified employer retirement plan--
``(i) subsection (b) shall not apply, and
``(ii) the investment in the contract shall be recovered as
provided in this paragraph.
``(B) Method of recovering investment in contract.--
``(i) In general.--Gross income shall not include so much
of any monthly annuity payment under a qualified employer
retirement plan as does not exceed the amount obtained by
dividing--
``(I) the investment in the contract (as of the annuity
starting date), by
``(II) the number of anticipated payments determined under
the table contained in clause (iii) (or, in the case of a
contract to which subsection (c)(3)(B) applies, the number of
monthly annuity payments under such contract).
``(ii) Certain rules made applicable.--Rules similar to the
rules of paragraphs (2) and (3) of subsection (b) shall apply
for purposes of this paragraph.
``(iii) Number of anticipated payments.--
``If the age of the primary annuitant on the annuity starting date
is: The number of anticipated payments is:
Not more than 55..........................................360
More than 55 but not more than 60.........................310
More than 60 but not more than 65.........................260
More than 65 but not more than 70.........................210
More than 70..............................................160.
``(C) Adjustment for refund feature not applicable.--For
purposes of this paragraph, investment in the contract shall
be determined under subsection (c)(1) without regard to
subsection (c)(2).
``(D) Special rule where lump sum paid in connection with
commencement of annuity payments.--If, in connection with the
commencement of annuity payments under any qualified employer
retirement plan, the taxpayer receives a lump sum payment--
``(i) such payment shall be taxable under subsection (e) as
if received before the annuity starting date, and
``(ii) the investment in the contract for purposes of this
paragraph shall be determined as if such payment had been so
received.
``(E) Exception.--This paragraph shall not apply in any
case where the primary annuitant has attained age 75 on the
annuity starting date unless there are fewer than 5 years of
guaranteed payments under the annuity.
``(F) Adjustment where annuity payments not on monthly
basis.--In any case where the annuity payments are not made
on a monthly basis, appropriate adjustments in the
application of this paragraph shall be made to take into
account the period on the basis of which such payments are
made.
``(G) Qualified employer retirement plan.--For purposes of
this paragraph, the term `qualified employer retirement plan'
means any plan or contract described in paragraph (1), (2),
or (3) of section 4974(c).
``(2) Treatment of employee contributions under defined
contribution plans.--For purposes of this section, employee
contributions (and any income allocable thereto) under a
defined contribution plan may be treated as a separate
contract.''.
(b) Effective Date.--The amendment made by this section
shall apply in cases where the annuity starting date is after
the 90th day after the date of the enactment of this Act.
SEC. 1404. REQUIRED DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C) (defining required
beginning date) is amended to read as follows:
``(C) Required beginning date.--For purposes of this
paragraph--
``(i) In general.--The term `required beginning date' means
April 1 of the calendar year following the later of--
``(I) the calendar year in which the employee attains age
70\1/2\, or
``(II) the calendar year in which the employee retires.
``(ii) Exception.--Subclause (II) of clause (i) shall not
apply--
``(I) except as provided in section 409(d), in the case of
an employee who is a 5-percent owner (as defined in section
416) with respect to the plan year ending in the calendar
year in which the employee attains age 70\1/2\, or
``(II) for purposes of section 408 (a)(6) or (b)(3).
``(iii) Actuarial adjustment.--In the case of an employee
to whom clause (i)(II) applies who retires in a calendar year
after the calendar year in which the employee attains age
70\1/2\, the employee's accrued benefit shall be actuarially
increased to take into account the period after age 70\1/2\
in which the employee was not receiving any benefits under
the plan.
[[Page 2059]]
``(iv) Exception for governmental and church plans.--
Clauses (ii) and (iii) shall not apply in the case of a
governmental plan or church plan. For purposes of this
clause, the term `church plan' means a plan maintained by a
church for church employees, and the term `church' means any
church (as defined in section 3121(w)(3)(A)) or qualified
church-controlled organization (as defined in section
3121(w)(3)(B)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to years beginning after December 31, 1996.
CHAPTER 2--INCREASED ACCESS TO RETIREMENT PLANS
Subchapter A--Simple Savings Plans
SEC. 1421. ESTABLISHMENT OF SAVINGS INCENTIVE MATCH PLANS FOR
EMPLOYEES OF SMALL EMPLOYERS.
(a) In General.--Section 408 (relating to individual
retirement accounts) is amended by redesignating subsection
(p) as subsection (q) and by inserting after subsection (o)
the following new subsection:
``(p) Simple Retirement Accounts.--
``(1) In general.--For purposes of this title, the term
`simple retirement account' means an individual retirement
plan (as defined in section 7701(a)(37))--
``(A) with respect to which the requirements of paragraphs
(3), (4), and (5) are met; and
``(B) with respect to which the only contributions allowed
are contributions under a qualified salary reduction
arrangement.
``(2) Qualified salary reduction arrangement.--
``(A) In general.--For purposes of this subsection, the
term `qualified salary reduction arrangement' means a written
arrangement of an eligible employer under which--
``(i) an employee eligible to participate in the
arrangement may elect to have the employer make payments--
``(I) as elective employer contributions to a simple
retirement account on behalf of the employee, or
``(II) to the employee directly in cash,
``(ii) the amount which an employee may elect under clause
(i) for any year is required to be expressed as a percentage
of compensation and may not exceed a total of $6,000 for any
year,
``(iii) the employer is required to make a matching
contribution to the simple retirement account for any year in
an amount equal to so much of the amount the employee elects
under clause (i)(I) as does not exceed the applicable
percentage of compensation for the year, and
``(iv) no contributions may be made other than
contributions described in clause (i) or (iii).
``(B) Employer may elect 2-percent nonelective
contribution.--
``(i) In general.--An employer shall be treated as meeting
the requirements of subparagraph (A)(iii) for any year if, in
lieu of the contributions described in such clause, the
employer elects to make nonelective contributions of 2
percent of compensation for each employee who is eligible to
participate in the arrangement and who has at least $5,000 of
compensation from the employer for the year. If an employer
makes an election under this subparagraph for any year, the
employer shall notify employees of such election within a
reasonable period of time before the 60-day period for such
year under paragraph (5)(C).
``(ii) Compensation limitation.--The compensation taken
into account under clause (i) for any year shall not exceed
the limitation in effect for such year under section
401(a)(17).
``(C) Definitions.--For purposes of this subsection--
``(i) Eligible employer.--
``(I) In general.--The term `eligible employer' means, with
respect to any year, an employer which had no more than 100
employees who received at least $5,000 of compensation from
the employer for the preceding year.
``(II) 2-year grace period.--An eligible employer who
establishes and maintains a plan under this subsection for 1
or more years and who fails to be an eligible employer for
any subsequent year shall be treated as an eligible employer
for the 2 years following the last year the employer was an
eligible employer. If such failure is due to any acquisition,
disposition, or similar transaction involving an eligible
employer, the preceding sentence shall apply only in
accordance with rules similar to the rules of section
410(b)(6)(C)(i).
``(ii) Applicable percentage.--
``(I) In general.--The term `applicable percentage' means 3
percent.
``(II) Election of lower percentage.--An employer may elect
to apply a lower percentage (not less than 1 percent) for any
year for all employees eligible to participate in the plan
for such year if the employer notifies the employees of such
lower percentage within a reasonable period of time before
the 60-day election period for such year under paragraph
(5)(C). An employer may not elect a lower percentage under
this subclause for any year if that election would result in
the applicable percentage being lower than 3 percent in more
than 2 of the years in the 5-year period ending with such
year.
``(III) Special rule for years arrangement not in effect.--
If any year in the 5-year period described in subclause (II)
is a year prior to the first year for which any qualified
salary reduction arrangement is in effect with respect to the
employer (or any predecessor), the employer shall be treated
as if the level of the employer matching contribution was at
3 percent of compensation for such prior year.
``(D) Arrangement may be only plan of employer.--
``(i) In general.--An arrangement shall not be treated as a
qualified salary reduction arrangement for any year if the
employer (or any predecessor employer) maintained a qualified
plan with respect to which contributions were made, or
benefits were accrued, for service in any year in the period
beginning with the year such arrangement became effective and
ending with the year for which the determination is being
made.
``(ii) Qualified plan.--For purposes of this subparagraph,
the term `qualified plan' means a plan, contract, pension, or
trust described in subparagraph (A) or (B) of section
219(g)(5).
``(E) Cost-of-living adjustment.--The Secretary shall
adjust the $6,000 amount under subparagraph (A)(ii) at the
same time and in the same manner as under section 415(d),
except that the base period taken into account shall be the
calendar quarter ending September 30, 1996, and any increase
under this subparagraph which is not a multiple of $500 shall
be rounded to the next lower multiple of $500.
``(3) Vesting requirements.--The requirements of this
paragraph are met with respect to a simple retirement account
if the employee's rights to any contribution to the simple
retirement account are nonforfeitable. For purposes of this
paragraph, rules similar to the rules of subsection (k)(4)
shall apply.
``(4) Participation requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any simple retirement account for a year
only if, under the qualified salary reduction arrangement,
all employees of the employer who--
``(i) received at least $5,000 in compensation from the
employer during any 2 preceding years, and
``(ii) are reasonably expected to receive at least $5,000
in compensation during the year,
are eligible to make the election under paragraph (2)(A)(i)
or receive the nonelective contribution described in
paragraph (2)(B).
``(B) Excludable employees.--An employer may elect to
exclude from the requirement under subparagraph (A) employees
described in section 410(b)(3).
``(5) Administrative requirements.--The requirements of
this paragraph are met with respect to any simplified
retirement account if, under the qualified salary reduction
arrangement--
``(A) an employer must--
``(i) make the elective employer contributions under
paragraph (2)(A)(i) not later than the close of the 30-day
period following the last day of the month with respect to
which the contributions are to be made, and
``(ii) make the matching contributions under paragraph
(2)(A)(iii) or the nonelective contributions under paragraph
(2)(B) not later than the date described in section
404(m)(2)(B),
``(B) an employee may elect to terminate participation in
such arrangement at any time during the year, except that if
an employee so terminates, the arrangement may provide that
the employee may not elect to resume participation until the
beginning of the next year, and
``(C) each employee eligible to participate may elect,
during the 60-day period before the beginning of any year
(and the 60-day period before the first day such employee is
eligible to participate), to participate in the arrangement,
or to modify the amounts subject to such arrangement, for
such year.
``(6) Definitions.--For purposes of this subsection--
``(A) Compensation.--
``(i) In general.--The term `compensation' means amounts
described in paragraphs (3) and (8) of section 6051(a).
``(ii) Self-employed.--In the case of an employee described
in subparagraph (B), the term `compensation' means net
earnings from self-employment determined under section
1402(a) without regard to any contribution under this
subsection.
``(B) Employee.--The term `employee' includes an employee
as defined in section 401(c)(1).
``(C) Year.--The term `year' means the calendar year.
``(7) Use of designated financial institution.--A plan
shall not be treated as failing to satisfy the requirements
of this subsection or any other provision of this title
merely because the employer makes all contributions to the
individual retirement accounts or annuities of a designated
trustee or issuer. The preceding sentence shall not apply
unless each plan participant is notified in writing (either
separately or as part of the notice under subsection
(l)(2)(C)) that the participant's balance may be transferred
without cost or penalty to another individual account or
annuity in accordance with subsection (d)(3)(G).''.
(b) Tax Treatment of Simple Retirement Accounts.--
(1) Deductibility of contributions by employees.--
(A) Section 219(b) (relating to maximum amount of
deduction) is amended by adding at the end the following new
paragraph:
``(4) Special rule for simple retirement accounts.--This
section shall not apply with respect to any amount
contributed to a simple retirement account established under
section 408(p).''.
(B) Section 219(g)(5)(A) (defining active participant) is
amended by striking ``or'' at
[[Page 2060]]
the end of clause (iv) and by adding at the end the following
new clause:
``(vi) any simple retirement account (within the meaning of
section 408(p)), or''.
(2) Deductibility of employer contributions.--Section 404
(relating to deductions for contributions of an employer to
pension, etc. plans) is amended by adding at the end the
following new subsection:
``(m) Special Rules for Simple Retirement Accounts.--
``(1) In general.--Employer contributions to a simple
retirement account shall be treated as if they are made to a
plan subject to the requirements of this section.
``(2) Timing.--
``(A) Deduction.--Contributions described in paragraph (1)
shall be deductible in the taxable year of the employer with
or within which the calendar year for which the contributions
were made ends.
``(B) Contributions after end of year.--For purposes of
this subsection, contributions shall be treated as made for a
taxable year if they are made on account of the taxable year
and are made not later than the time prescribed by law for
filing the return for the taxable year (including extensions
thereof).''.
(3) Contributions and distributions.--
(A) Section 402 (relating to taxability of beneficiary of
employees' trust) is amended by adding at the end the
following new subsection:
``(k) Treatment of Simple Retirement Accounts.--Rules
similar to the rules of paragraphs (1) and (3) of subsection
(h) shall apply to contributions and distributions with
respect to a simple retirement account under section
408(p).''.
(B) Section 408(d)(3) is amended by adding at the end the
following new subparagraph:
``(G) Simple retirement accounts.--This paragraph shall not
apply to any amount paid or distributed out of a simple
retirement account (as defined in subsection (p)) unless--
``(i) it is paid into another simple retirement account, or
``(ii) in the case of any payment or distribution to which
section 72(t)(6) does not apply, it is paid into an
individual retirement plan.''.
(C) Clause (i) of section 457(c)(2)(B) is amended by
striking ``section 402(h)(1)(B)'' and inserting ``section
402(h)(1)(B) or (k)''.
(4) Penalties.--
(A) Early withdrawals.--Section 72(t) (relating to
additional tax in early distributions) is amended by adding
at the end the following new paragraph:
``(6) Special rules for simple retirement accounts.--In the
case of any amount received from a simple retirement account
(within the meaning of section 408(p)) during the 2-year
period beginning on the date such individual first
participated in any qualified salary reduction arrangement
maintained by the individual's employer under section
408(p)(2), paragraph (1) shall be applied by substituting `25
percent' for `10 percent'.''.
(B) Failure to report.--Section 6693 is amended by
redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
``(c) Penalties Relating to Simple Retirement Accounts.--
``(1) Employer penalties.--An employer who fails to provide
1 or more notices required by section 408(l)(2)(C) shall pay
a penalty of $50 for each day on which such failures
continue.
``(2) Trustee penalties.--A trustee who fails--
``(A) to provide 1 or more statements required by the last
sentence of section 408(i) shall pay a penalty of $50 for
each day on which such failures continue, or
``(B) to provide 1 or more summary descriptions required by
section 408(l)(2)(B) shall pay a penalty of $50 for each day
on which such failures continue.
``(3) Reasonable cause exception.--No penalty shall be
imposed under this subsection with respect to any failure
which the taxpayer shows was due to reasonable cause.''.
(5) Reporting requirements.--
(A) Section 408(l) is amended by adding at the end the
following new paragraph:
``(2) Simple retirement accounts.--
``(A) No employer reports.--Except as provided in this
paragraph, no report shall be required under this section by
an employer maintaining a qualified salary reduction
arrangement under subsection (p).
``(B) Summary description.--The trustee of any simple
retirement account established pursuant to a qualified salary
reduction arrangement under subsection (p) shall provide to
the employer maintaining the arrangement, each year a
description containing the following information:
``(i) The name and address of the employer and the trustee.
``(ii) The requirements for eligibility for participation.
``(iii) The benefits provided with respect to the
arrangement.
``(iv) The time and method of making elections with respect
to the arrangement.
``(v) The procedures for, and effects of, withdrawals
(including rollovers) from the arrangement.
``(C) Employee notification.--The employer shall notify
each employee immediately before the period for which an
election described in subsection (p)(5)(C) may be made of the
employee's opportunity to make such election. Such notice
shall include a copy of the description described in
subparagraph (B).''.
(B) Section 408(l) is amended by striking ``An employer''
and inserting the following:
``(1) In general.--An employer''.
(6) Reporting requirements.--Section 408(i) is amended by
adding at the end the following new flush sentence:
``In the case of a simple retirement account under subsection
(p), only one report under this subsection shall be required
to be submitted each calendar year to the Secretary (at the
time provided under paragraph (2)) but, in addition to the
report under this subsection, there shall be furnished,
within 30 days after each calendar year, to the individual on
whose behalf the account is maintained a statement with
respect to the account balance as of the close of, and the
account activity during, such calendar year.''.
(7) Exemption from top-heavy plan rules.--Section 416(g)(4)
(relating to special rules for top-heavy plans) is amended by
adding at the end the following new subparagraph:
``(G) Simple retirement accounts.--The term `top-heavy
plan' shall not include a simple retirement account under
section 408(p).''.
(8) Employment taxes.--
(A) Paragraph (5) of section 3121(a) is amended by striking
``or'' at the end of subparagraph (F), by inserting ``or'' at
the end of subparagraph (G), and by adding at the end the
following new subparagraph:
``(H) under an arrangement to which section 408(p) applies,
other than any elective contributions under paragraph
(2)(A)(i) thereof,''.
(B) Section 209(a)(4) of the Social Security Act is amended
by inserting ``; or (J) under an arrangement to which section
408(p) of such Code applies, other than any elective
contributions under paragraph (2)(A)(i) thereof'' before the
semicolon at the end thereof.
(C) Paragraph (5) of section 3306(b) is amended by striking
``or'' at the end of subparagraph (F), by inserting ``or'' at
the end of subparagraph (G), and by adding at the end the
following new subparagraph:
``(H) under an arrangement to which section 408(p) applies,
other than any elective contributions under paragraph
(2)(A)(i) thereof,''.
(D) Paragraph (12) of section 3401(a) is amended by adding
the following new subparagraph:
``(D) under an arrangement to which section 408(p) applies;
or''.
(9) Conforming amendments.--
(A) Section 280G(b)(6) is amended by striking ``or'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, or'' and by adding after
subparagraph (C) the following new subparagraph:
``(D) a simple retirement account described in section
408(p).''.
(B) Section 402(g)(3) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding after
subparagraph (C) the following new subparagraph:
``(D) any elective employer contribution under section
408(p)(2)(A)(i).''.
(C) Subsections (b), (c), (m)(4)(B), and (n)(3)(B) of
section 414 are each amended by inserting ``408(p),'' after
``408(k),''.
(D) Section 4972(d)(1)(A) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding after
clause (iii) the following new clause:
``(iv) any simple retirement account (within the meaning of
section 408(p)).''.
(c) Repeal of Salary Reduction Simplified Employee
Pensions.--Section 408(k)(6) is amended by adding at the end
the following new subparagraph:
``(H) Termination.--This paragraph shall not apply to years
beginning after December 31, 1996. The preceding sentence
shall not apply to a simplified employee pension if the terms
of such pension, as in effect on December 31, 1996, provide
that an employee may make the election described in
subparagraph (A).''.
(d) Modifications of ERISA.--
(1) Reporting requirements.--Section 101 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021) is
amended by redesignating subsection (g) as subsection (h) and
by inserting after subsection (f) the following new
subsection:
``(g) Simple Retirement Accounts.--
``(1) No employer reports.--Except as provided in this
subsection, no report shall be required under this section by
an employer maintaining a qualified salary reduction
arrangement under section 408(p) of the Internal Revenue Code
of 1986.
``(2) Summary description.--The trustee of any simple
retirement account established pursuant to a qualified salary
reduction arrangement under section 408(p) of such Code shall
provide to the employer maintaining the arrangement each year
a description containing the following information:
``(A) The name and address of the employer and the trustee.
``(B) The requirements for eligibility for participation.
``(C) The benefits provided with respect to the
arrangement.
``(D) The time and method of making elections with respect
to the arrangement.
``(E) The procedures for, and effects of, withdrawals
(including rollovers) from the arrangement.
``(3) Employee notification.--The employer shall notify
each employee immediately before the period for which an
election described in section 408(p)(5)(C) of such
[[Page 2061]]
Code may be made of the employee's opportunity to make such
election. Such notice shall include a copy of the description
described in paragraph (2).''
(2) Fiduciary duties.--Section 404(c) of such Act (29
U.S.C. 1104(c)) is amended by inserting ``(1)'' after
``(c)'', by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by adding at the
end the following new paragraph:
``(2) In the case of a simple retirement account
established pursuant to a qualified salary reduction
arrangement under section 408(p) of the Internal Revenue Code
of 1986, a participant or beneficiary shall, for purposes of
paragraph (1), be treated as exercising control over the
assets in the account upon the earliest of--
``(A) an affirmative election among investment options with
respect to the initial investment of any contribution,
``(B) a rollover to any other simple retirement account or
individual retirement plan, or
``(C) one year after the simple retirement account is
established.
No reports, other than those required under section 101(g),
shall be required with respect to a simple retirement account
established pursuant to such a qualified salary reduction
arrangement.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 1422. EXTENSION OF SIMPLE PLAN TO 401(K) ARRANGEMENTS.
(a) Alternative Method of Satisfying Section 401(k)
Nondiscrimination Tests.--Section 401(k) (relating to cash or
deferred arrangements) is amended by adding at the end the
following new paragraph:
``(11) Adoption of simple plan to meet nondiscrimination
tests.--
``(A) In general.--A cash or deferred arrangement
maintained by an eligible employer shall be treated as
meeting the requirements of paragraph (3)(A)(ii) if such
arrangement meets--
``(i) the contribution requirements of subparagraph (B),
``(ii) the exclusive plan requirements of subparagraph (C),
and
``(iii) the vesting requirements of section 408(p)(3).
``(B) Contribution requirements.--
``(i) In general.--The requirements of this subparagraph
are met if, under the arrangement--
``(I) an employee may elect to have the employer make
elective contributions for the year on behalf of the employee
to a trust under the plan in an amount which is expressed as
a percentage of compensation of the employee but which in no
event exceeds $6,000,
``(II) the employer is required to make a matching
contribution to the trust for the year in an amount equal to
so much of the amount the employee elects under subclause (I)
as does not exceed 3 percent of compensation for the year,
and
``(III) no other contributions may be made other than
contributions described in subclause (I) or (II).
``(ii) Employer may elect 2-percent nonelective
contribution.--An employer shall be treated as meeting the
requirements of clause (i)(II) for any year if, in lieu of
the contributions described in such clause, the employer
elects (pursuant to the terms of the arrangement) to make
nonelective contributions of 2 percent of compensation for
each employee who is eligible to participate in the
arrangement and who has at least $5,000 of compensation from
the employer for the year. If an employer makes an election
under this subparagraph for any year, the employer shall
notify employees of such election within a reasonable period
of time before the 60th day before the beginning of such
year.
``(C) Exclusive plan requirement.--The requirements of this
subparagraph are met for any year to which this paragraph
applies if no contributions were made, or benefits were
accrued, for services during such year under any qualified
plan of the employer on behalf of any employee eligible to
participate in the cash or deferred arrangement, other than
contributions described in subparagraph (B).
``(D) Definitions and special rule.--
``(i) Definitions.--For purposes of this paragraph, any
term used in this paragraph which is also used in section
408(p) shall have the meaning given such term by such
section.
``(ii) Coordination with top-heavy rules.--A plan meeting
the requirements of this paragraph for any year shall not be
treated as a top-heavy plan under section 416 for such
year.''.
(b) Alternative Methods of Satisfying Section 401(m)
Nondiscrimination Tests.--Section 401(m) (relating to
nondiscrimination test for matching contributions and
employee contributions) is amended by redesignating paragraph
(10) as paragraph (11) and by adding after paragraph (9) the
following new paragraph:
``(10) Alternative method of satisfying tests.--A defined
contribution plan shall be treated as meeting the
requirements of paragraph (2) with respect to matching
contributions if the plan--
``(A) meets the contribution requirements of subparagraph
(B) of subsection (k)(11),
``(B) meets the exclusive plan requirements of subsection
(k)(11)(C), and
``(C) meets the vesting requirements of section
408(p)(3).''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 1996.
Subchapter B--Other Provisions
SEC. 1426. TAX-EXEMPT ORGANIZATIONS ELIGIBLE UNDER SECTION
401(K).
(a) In General.--Subparagraph (B) of section 401(k)(4) is
amended to read as follows:
``(B) Eligibility of state and local governments and tax-
exempt organizations.--
``(i) Tax-exempts eligible.--Except as provided in clause
(ii), any organization exempt from tax under this subtitle
may include a qualified cash or deferred arrangement as part
of a plan maintained by it.
``(ii) Governments ineligible.--A cash or deferred
arrangement shall not be treated as a qualified cash or
deferred arrangement if it is part of a plan maintained by a
State or local government or political subdivision thereof,
or any agency or instrumentality thereof. This clause shall
not apply to a rural cooperative plan or to a plan of an
employer described in clause (iii).
``(iii) Treatment of indian tribal governments.--An
employer which is an Indian tribal government (as defined in
section 7701(a)(40)), a subdivision of an Indian tribal
government (determined in accordance with section 7871(d)),
an agency or instrumentality of an Indian tribal government
or subdivision thereof, or a corporation chartered under
Federal, State, or tribal law which is owned in whole or in
part by any of the foregoing may include a qualified cash or
deferred arrangement as part of a plan maintained by the
employer.''.
(b) Effective Date.--The amendment made by this section
shall apply to plan years beginning after December 31, 1996,
but shall not apply to any cash or deferred arrangement to
which clause (i) of section 1116(f)(2)(B) of the Tax Reform
Act of 1986 applies.
SEC. 1427. HOMEMAKERS ELIGIBLE FOR FULL IRA DEDUCTION.
(a) Spousal IRA Computed on Basis of Compensation of Both
Spouses.--Subsection (c) of section 219 (relating to special
rules for certain married individuals) is amended to read as
follows:
``(c) Special Rules for Certain Married Individuals.--
``(1) In general.--In the case of an individual to whom
this paragraph applies for the taxable year, the limitation
of paragraph (1) of subsection (b) shall be equal to the
lesser of--
``(A) the dollar amount in effect under subsection
(b)(1)(A) for the taxable year, or
``(B) the sum of--
``(i) the compensation includible in such individual's
gross income for the taxable year, plus
``(ii) the compensation includible in the gross income of
such individual's spouse for the taxable year reduced by the
amount allowed as a deduction under subsection (a) to such
spouse for such taxable year.
``(2) Individuals to whom paragraph (1) applies.--Paragraph
(1) shall apply to any individual if--
``(A) such individual files a joint return for the taxable
year, and
``(B) the amount of compensation (if any) includible in
such individual's gross income for the taxable year is less
than the compensation includible in the gross income of such
individual's spouse for the taxable year.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 219(f) (relating to other
definitions and special rules) is amended by striking
``subsections (b) and (c)'' and inserting ``subsection (b)''.
(2) Section 219(g)(1) is amended by striking ``(c)(2)'' and
inserting ``(c)(1)(A)''.
(3) Section 408(d)(5) is amended by striking ``$2,250'' and
inserting ``the dollar amount in effect under section
219(b)(1)(A)''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
CHAPTER 3--NONDISCRIMINATION PROVISIONS
SEC. 1431. DEFINITION OF HIGHLY COMPENSATED EMPLOYEES; REPEAL
OF FAMILY AGGREGATION.
(a) In General.--Paragraph (1) of section 414(q) (defining
highly compensated employee) is amended to read as follows:
``(1) In general.--The term `highly compensated employee'
means any employee who--
``(A) was a 5-percent owner at any time during the year or
the preceding year, or
``(B) for the preceding year--
``(i) had compensation from the employer in excess of
$80,000, and
``(ii) if the employer elects the application of this
clause for such preceding year, was in the top-paid group of
employees for such preceding year.
The Secretary shall adjust the $80,000 amount under
subparagraph (B) at the same time and in the same manner as
under section 415(d), except that the base period shall be
the calendar quarter ending September 30, 1996.''.
(b) Repeal of Family Aggregation Rules.--
(1) In general.--Paragraph (6) of section 414(q) is hereby
repealed.
(2) Compensation limit.--Paragraph (17)(A) of section
401(a) is amended by striking the last sentence.
(3) Deduction.--Subsection (l) of section 404 is amended by
striking the last sentence.
(c) Conforming Amendments.--
(1)(A) Subsection (q) of section 414 is amended by striking
paragraphs (2), (5), and (12) and by redesignating paragraphs
(3), (4),
[[Page 2062]]
(7), (8), (9), (10), and (11) as paragraphs (2) through (8),
respectively.
(B) Sections 129(d)(8)(B), 401(a)(5)(D)(ii), 408(k)(2)(C),
and 416(i)(1)(D) are each amended by striking ``section
414(q)(7)'' and inserting ``section 414(q)(4)''.
(C) Section 416(i)(1)(A) is amended by striking ``section
414(q)(8)'' and inserting ``section 414(q)(5)''.
(D) Subparagraph (A) of section 414(r)(2) is amended by
striking ``subsection (q)(8)'' and inserting ``subsection
(q)(5)''.
(E) Section 414(q)(5), as redesignated by subparagraph (A),
is amended by striking ``under paragraph (4), or the number
of officers taken into account under paragraph (5)''.
(2) Section 1114(c)(4) of the Tax Reform Act of 1986 is
amended by adding at the end the following new sentence:
``Any reference in this paragraph to section 414(q) shall be
treated as a reference to such section as in effect on the
day before the date of the enactment of the Small Business
Job Protection Act of 1996.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to years beginning after December 31, 1996, except that
in determining whether an employee is a highly compensated
employee for years beginning in 1997, such amendments shall
be treated as having been in effect for years beginning in
1996.
(2) Family aggregation.--The amendments made by subsection
(b) shall apply to years beginning after December 31, 1996.
SEC. 1432. MODIFICATION OF ADDITIONAL PARTICIPATION
REQUIREMENTS.
(a) General Rule.--Section 401(a)(26)(A) (relating to
additional participation requirements) is amended to read as
follows:
``(A) In general.--In the case of a trust which is a part
of a defined benefit plan, such trust shall not constitute a
qualified trust under this subsection unless on each day of
the plan year such trust benefits at least the lesser of--
``(i) 50 employees of the employer, or
``(ii) the greater of--
``(I) 40 percent of all employees of the employer, or
``(II) 2 employees (or if there is only 1 employee, such
employee).''.
(b) Separate Line of Business Test.--Section 401(a)(26)(G)
(relating to separate line of business) is amended by
striking ``paragraph (7)'' and inserting ``paragraph (2)(A)
or (7)''.
(c) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1433. NONDISCRIMINATION RULES FOR QUALIFIED CASH OR
DEFERRED ARRANGEMENTS AND MATCHING
CONTRIBUTIONS.
(a) Alternative Methods of Satisfying Section 401(k)
Nondiscrimination Tests.--Section 401(k) (relating to cash or
deferred arrangements), as amended by section 1422, is
amended by adding at the end the following new paragraph:
``(12) Alternative methods of meeting nondiscrimination
requirements.--
``(A) In general.--A cash or deferred arrangement shall be
treated as meeting the requirements of paragraph (3)(A)(ii)
if such arrangement--
``(i) meets the contribution requirements of subparagraph
(B) or (C), and
``(ii) meets the notice requirements of subparagraph (D).
``(B) Matching contributions.--
``(i) In general.--The requirements of this subparagraph
are met if, under the arrangement, the employer makes
matching contributions on behalf of each employee who is not
a highly compensated employee in an amount equal to--
``(I) 100 percent of the elective contributions of the
employee to the extent such elective contributions do not
exceed 3 percent of the employee's compensation, and
``(II) 50 percent of the elective contributions of the
employee to the extent that such elective contributions
exceed 3 percent but do not exceed 5 percent of the
employee's compensation.
``(ii) Rate for highly compensated employees.--The
requirements of this subparagraph are not met if, under the
arrangement, the rate of matching contribution with respect
to any elective contribution of a highly compensated employee
at any rate of elective contribution is greater than that
with respect to an employee who is not a highly compensated
employee.
``(iii) Alternative plan designs.--If the rate of any
matching contribution with respect to any rate of elective
contribution is not equal to the percentage required under
clause (i), an arrangement shall not be treated as failing to
meet the requirements of clause (i) if--
``(I) the rate of an employer's matching contribution does
not increase as an employee's rate of elective contributions
increase, and
``(II) the aggregate amount of matching contributions at
such rate of elective contribution is at least equal to the
aggregate amount of matching contributions which would be
made if matching contributions were made on the basis of the
percentages described in clause (i).
``(C) Nonelective contributions.--The requirements of this
subparagraph are met if, under the arrangement, the employer
is required, without regard to whether the employee makes an
elective contribution or employee contribution, to make a
contribution to a defined contribution plan on behalf of each
employee who is not a highly compensated employee and who is
eligible to participate in the arrangement in an amount equal
to at least 3 percent of the employee's compensation.
``(D) Notice requirement.--An arrangement meets the
requirements of this paragraph if, under the arrangement,
each employee eligible to participate is, within a reasonable
period before any year, given written notice of the
employee's rights and obligations under the arrangement
which--
``(i) is sufficiently accurate and comprehensive to
appraise the employee of such rights and obligations, and
``(ii) is written in a manner calculated to be understood
by the average employee eligible to participate.
``(E) Other requirements.--
``(i) Withdrawal and vesting restrictions.--An arrangement
shall not be treated as meeting the requirements of
subparagraph (B) or (C) of this paragraph unless the
requirements of subparagraphs (B) and (C) of paragraph (2)
are met with respect to all employer contributions (including
matching contributions) taken into account in determining
whether the requirements of subparagraphs (B) and (C) of this
paragraph are met.
``(ii) Social security and similar contributions not taken
into account.--An arrangement shall not be treated as meeting
the requirements of subparagraph (B) or (C) unless such
requirements are met without regard to subsection (l), and,
for purposes of subsection (l), employer contributions under
subparagraph (B) or (C) shall not be taken into account.
``(F) Other plans.--An arrangement shall be treated as
meeting the requirements under subparagraph (A)(i) if any
other plan maintained by the employer meets such requirements
with respect to employees eligible under the arrangement.''.
(b) Alternative Methods of Satisfying Section 401(m)
Nondiscrimination Tests.--Section 401(m) (relating to
nondiscrimination test for matching contributions and
employee contributions), as amended by section 1422(b), is
amended by redesignating paragraph (11) as paragraph (12) and
by adding after paragraph (10) the following new paragraph:
``(11) Alternative method of satisfying tests.--
``(A) In general.--A defined contribution plan shall be
treated as meeting the requirements of paragraph (2) with
respect to matching contributions if the plan--
``(i) meets the contribution requirements of subparagraph
(B) or (C) of subsection (k)(12),
``(ii) meets the notice requirements of subsection
(k)(12)(D), and
``(iii) meets the requirements of subparagraph (B).
``(B) Limitation on matching contributions.--The
requirements of this subparagraph are met if--
``(i) matching contributions on behalf of any employee may
not be made with respect to an employee's contributions or
elective deferrals in excess of 6 percent of the employee's
compensation,
``(ii) the rate of an employer's matching contribution does
not increase as the rate of an employee's contributions or
elective deferrals increase, and
``(iii) the matching contribution with respect to any
highly compensated employee at any rate of an employee
contribution or rate of elective deferral is not greater than
that with respect to an employee who is not a highly
compensated employee.''.
(c) Year for Computing Nonhighly Compensated Employee
Percentage.--
(1) Cash or deferred arrangements.--Section 401(k)(3)(A) is
amended--
(A) by striking ``such year'' in clause (ii) and inserting
``the plan year'',
(B) by striking ``for such plan year'' in clause (ii) and
inserting ``for the preceding plan year'', and
(C) by adding at the end the following new sentence: ``An
arrangement may apply clause (ii) by using the plan year
rather than the preceding plan year if the employer so
elects, except that if such an election is made, it may not
be changed except as provided by the Secretary.''.
(2) Matching and employee contributions.--Section
401(m)(2)(A) is amended--
(A) by inserting ``for such plan year'' after ``highly
compensated employees'',
(B) by inserting ``for the preceding plan year'' after
``eligible employees'' each place it appears in clause (i)
and clause (ii), and
(C) by adding at the end the following flush sentence:
``This subparagraph may be applied by using the plan year
rather than the preceding plan year if the employer so
elects, except that if such an election is made, it may not
be changed except as provided the Secretary.''.
(d) Special Rule for Determining Average Deferral
Percentage for First Plan Year, Etc.--
(1) Paragraph (3) of section 401(k) is amended by adding at
the end the following new subparagraph:
``(E) For purposes of this paragraph, in the case of the
first plan year of any plan (other than a successor plan),
the amount taken into account as the actual deferral
percentage of nonhighly compensated employees for the
preceding plan year shall be--
``(i) 3 percent, or
``(ii) if the employer makes an election under this
subclause, the actual deferral percentage of nonhighly
compensated employees determined for such first plan year.''.
(2) Paragraph (3) of section 401(m) is amended by adding at
the end the following: ``Rules similar to the rules of
subsection
[[Page 2063]]
(k)(3)(E) shall apply for purposes of this subsection.''.
(e) Distribution of Excess Contributions and Excess
Aggregate Contributions.--
(1) Subparagraph (C) of section 401(k)(8) (relating to
arrangement not disqualified if excess contributions
distributed) is amended by striking ``on the basis of the
respective portions of the excess contributions attributable
to each of such employees'' and inserting ``on the basis of
the amount of contributions by, or on behalf of, each of such
employees''.
(2) Subparagraph (C) of section 401(m)(6) (relating to
method of distributing excess aggregate contributions) is
amended by striking ``on the basis of the respective portions
of such amounts attributable to each of such employees'' and
inserting ``on the basis of the amount of contributions on
behalf of, or by, each such employee''.
(f) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to years beginning after December 31, 1998.
(2) Exceptions.--The amendments made by subsections (c),
(d), and (e) shall apply to years beginning after December
31, 1996.
SEC. 1434. DEFINITION OF COMPENSATION FOR SECTION 415
PURPOSES.
(a) General Rule.--Section 415(c)(3) (defining
participant's compensation) is amended by adding at the end
the following new subparagraph:
``(D) Certain deferrals included.--The term `participant's
compensation' shall include--
``(i) any elective deferral (as defined in section
402(g)(3)), and
``(ii) any amount which is contributed or deferred by the
employer at the election of the employee and which is not
includible in the gross income of the employee by reason of
section 125 or 457.''.
(b) Conforming Amendments.--
(1) Section 414(q)(4), as redesignated by section 1431, is
amended to read as follows:
``(4) Compensation.--For purposes of this subsection, the
term `compensation' has the meaning given such term by
section 415(c)(3).''.
(2) Section 414(s)(2) is amended by inserting ``not'' after
``elect'' in the text and heading thereof.
(c) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1997.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 1441. PLANS COVERING SELF-EMPLOYED INDIVIDUALS.
(a) Aggregation Rules.--Section 401(d) (relating to
additional requirements for qualification of trusts and plans
benefiting owner-employees) is amended to read as follows:
``(d) Contribution Limit on Owner-Employees.--A trust
forming part of a pension or profit-sharing plan which
provides contributions or benefits for employees some or all
of whom are owner-employees shall constitute a qualified
trust under this section only if, in addition to meeting the
requirements of subsection (a), the plan provides that
contributions on behalf of any owner-employee may be made
only with respect to the earned income of such owner-employee
which is derived from the trade or business with respect to
which such plan is established.''.
(b) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1442. ELIMINATION OF SPECIAL VESTING RULE FOR
MULTIEMPLOYER PLANS.
(a) Amendments to 1986 Code.--Paragraph (2) of section
411(a) (relating to minimum vesting standards) is amended--
(1) by striking ``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)''; and
(2) by striking subparagraph (C).
(b) Amendments to ERISA.--Paragraph (2) of section 203(a)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1053(a)) is amended--
(1) by striking ``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)''; and
(2) by striking subparagraph (C).
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning on or after the earlier
of--
(1) the later of--
(A) January 1, 1997, or
(B) the date on which the last of the collective bargaining
agreements pursuant to which the plan is maintained
terminates (determined without regard to any extension
thereof after the date of the enactment of this Act), or
(2) January 1, 1999.
Such amendments shall not apply to any individual who does
not have more than 1 hour of service under the plan on or
after the 1st day of the 1st plan year to which such
amendments apply.
SEC. 1443. DISTRIBUTIONS UNDER RURAL COOPERATIVE PLANS.
(a) Distributions for Hardship or After a Certain Age.--
Section 401(k)(7) is amended by adding at the end the
following new subparagraph:
``(C) Special rule for certain distributions.--A rural
cooperative plan which includes a qualified cash or deferred
arrangement shall not be treated as violating the
requirements of section 401(a) or of paragraph (2) merely by
reason of a hardship distribution or a distribution to a
participant after attainment of age 59\1/2\. For purposes of
this section, the term `hardship distribution' means a
distribution described in paragraph (2)(B)(i)(IV) (without
regard to the limitation of its application to profit-sharing
or stock bonus plans).''.
(b) Public Utility Districts.--Clause (i) of section
401(k)(7)(B) (defining rural cooperative) is amended to read
as follows:
``(i) any organization which--
``(I) is engaged primarily in providing electric service on
a mutual or cooperative basis, or
``(II) is engaged primarily in providing electric service
to the public in its area of service and which is exempt from
tax under this subtitle or which is a State or local
government (or an agency or instrumentality thereof), other
than a municipality (or an agency or instrumentality
thereof),''.
(c) Effective Dates.--
(1) Distributions.--The amendments made by subsection (a)
shall apply to distributions after the date of the enactment
of this Act.
(2) Public utility districts.--The amendments made by
subsection (b) shall apply to plan years beginning after
December 31, 1996.
SEC. 1444. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415.
(a) Compensation Limit.--Subsection (b) of section 415 is
amended by adding immediately after paragraph (10) the
following new paragraph:
``(11) Special limitation rule for governmental plans.--In
the case of a governmental plan (as defined in section
414(d)), subparagraph (B) of paragraph (1) shall not
apply.''.
(b) Treatment of Certain Excess Benefit Plans.--
(1) In general.--Section 415 is amended by adding at the
end the following new subsection:
``(m) Treatment of Qualified Governmental Excess Benefit
Arrangements.--
``(1) Governmental plan not affected.--In determining
whether a governmental plan (as defined in section 414(d))
meets the requirements of this section, benefits provided
under a qualified governmental excess benefit arrangement
shall not be taken into account. Income accruing to a
governmental plan (or to a trust that is maintained solely
for the purpose of providing benefits under a qualified
governmental excess benefit arrangement) in respect of a
qualified governmental excess benefit arrangement shall
constitute income derived from the exercise of an essential
governmental function upon which such governmental plan (or
trust) shall be exempt from tax under section 115.
``(2) Taxation of participant.--For purposes of this
chapter--
``(A) the taxable year or years for which amounts in
respect of a qualified governmental excess benefit
arrangement are includible in gross income by a participant,
and
``(B) the treatment of such amounts when so includible by
the participant,
shall be determined as if such qualified governmental excess
benefit arrangement were treated as a plan for the deferral
of compensation which is maintained by a corporation not
exempt from tax under this chapter and which does not meet
the requirements for qualification under section 401.
``(3) Qualified governmental excess benefit arrangement.--
For purposes of this subsection, the term `qualified
governmental excess benefit arrangement' means a portion of a
governmental plan if--
``(A) such portion is maintained solely for the purpose of
providing to participants in the plan that part of the
participant's annual benefit otherwise payable under the
terms of the plan that exceeds the limitations on benefits
imposed by this section,
``(B) under such portion no election is provided at any
time to the participant (directly or indirectly) to defer
compensation, and
``(C) benefits described in subparagraph (A) are not paid
from a trust forming a part of such governmental plan unless
such trust is maintained solely for the purpose of providing
such benefits.''.
(2) Coordination with section 457.--Subsection (e) of
section 457 is amended by adding at the end the following new
paragraph:
``(14) Treatment of qualified governmental excess benefit
arrangements.--Subsections (b)(2) and (c)(1) shall not apply
to any qualified governmental excess benefit arrangement (as
defined in section 415(m)(3)), and benefits provided under
such an arrangement shall not be taken into account in
determining whether any other plan is an eligible deferred
compensation plan.''.
(3) Conforming amendment.--Paragraph (2) of section 457(f)
is amended by striking ``and'' at the end of subparagraph
(C), by striking the period at the end of subparagraph (D)
and inserting ``, and'', and by inserting immediately
thereafter the following new subparagraph:
``(E) a qualified governmental excess benefit arrangement
described in section 415(m).''.
(c) Exemption for Survivor and Disability Benefits.--
Paragraph (2) of section 415(b) is amended by adding at the
end the following new subparagraph:
``(I) Exemption for survivor and disability benefits
provided under governmental plans.--Subparagraph (C) of this
paragraph and paragraph (5) shall not apply to--
``(i) income received from a governmental plan (as defined
in section 414(d)) as a pension, annuity, or similar
allowance as the result of the recipient becoming disabled by
reason of personal injuries or sickness, or
``(ii) amounts received from a governmental plan by the
beneficiaries, survivors,
[[Page 2064]]
or the estate of an employee as the result of the death of
the employee.''.
(d) Revocation of Grandfather Election.--
(1) In general.--Subparagraph (C) of section 415(b)(10) is
amended by adding at the end the following new clause:
``(ii) Revocation of election.--An election under clause
(i) may be revoked not later than the last day of the third
plan year beginning after the date of the enactment of this
clause. The revocation shall apply to all plan years to which
the election applied and to all subsequent plan years. Any
amount paid by a plan in a taxable year ending after the
revocation shall be includible in income in such taxable year
under the rules of this chapter in effect for such taxable
year, except that, for purposes of applying the limitations
imposed by this section, any portion of such amount which is
attributable to any taxable year during which the election
was in effect shall be treated as received in such taxable
year.''.
(2) Conforming amendment.--Subparagraph (C) of section
415(b)(10) is amended by striking ``This'' and inserting:
``(i) In general.--This''.
(e) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall apply to years beginning after December
31, 1994. The amendments made by subsection (d) shall apply
with respect to revocations adopted after the date of the
enactment of this Act.
(2) Treatment for years beginning before january 1, 1995.--
Nothing in the amendments made by this section shall be
construed to imply that a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986) fails to
satisfy the requirements of section 415 of such Code for any
taxable year beginning before January 1, 1995.
SEC. 1445. UNIFORM RETIREMENT AGE.
(a) Discrimination Testing.--Paragraph (5) of section
401(a) (relating to special rules relating to
nondiscrimination requirements) is amended by adding at the
end the following new subparagraph:
``(F) Social security retirement age.--For purposes of
testing for discrimination under paragraph (4)--
``(i) the social security retirement age (as defined in
section 415(b)(8)) shall be treated as a uniform retirement
age, and
``(ii) subsidized early retirement benefits and joint and
survivor annuities shall not be treated as being unavailable
to employees on the same terms merely because such benefits
or annuities are based in whole or in part on an employee's
social security retirement age (as so defined).''.
(b) Effective Date.--The amendment made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1446. CONTRIBUTIONS ON BEHALF OF DISABLED EMPLOYEES.
(a) All Disabled Participants Receiving Contributions.--
Section 415(c)(3)(C) is amended by adding at the end the
following: ``If a defined contribution plan provides for the
continuation of contributions on behalf of all participants
described in clause (i) for a fixed or determinable period,
this subparagraph shall be applied without regard to clauses
(ii) and (iii).''.
(b) Effective Date.--The amendment made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1447. TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE
AND LOCAL GOVERNMENTS AND TAX-EXEMPT
ORGANIZATIONS.
(a) Special Rules for Plan Distributions.--Paragraph (9) of
section 457(e) (relating to other definitions and special
rules) is amended to read as follows:
``(9) Benefits not treated as made available by reason of
certain elections, etc.--
``(A) Total amount payable is $3,500 or less.--The total
amount payable to a participant under the plan shall not be
treated as made available merely because the participant may
elect to receive such amount (or the plan may distribute such
amount without the participant's consent) if--
``(i) such amount does not exceed $3,500, and
``(ii) such amount may be distributed only if--
``(I) no amount has been deferred under the plan with
respect to such participant during the 2-year period ending
on the date of the distribution, and
``(II) there has been no prior distribution under the plan
to such participant to which this subparagraph applied.
A plan shall not be treated as failing to meet the
distribution requirements of subsection (d) by reason of a
distribution to which this subparagraph applies.
``(B) Election to defer commencement of distributions.--The
total amount payable to a participant under the plan shall
not be treated as made available merely because the
participant may elect to defer commencement of distributions
under the plan if--
``(i) such election is made after amounts may be available
under the plan in accordance with subsection (d)(1)(A) and
before commencement of such distributions, and
``(ii) the participant may make only 1 such election.''.
(b) Cost-of-Living Adjustment of Maximum Deferral Amount.--
Subsection (e) of section 457, as amended by section
1444(b)(2) (relating to governmental plans), is amended by
adding at the end the following new paragraph:
``(15) Cost-of-living adjustment of maximum deferral
amount.--The Secretary shall adjust the $7,500 amount
specified in subsections (b)(2) and (c)(1) at the same time
and in the same manner as under section 415(d), except that
the base period shall be the calendar quarter ending
September 30, 1994, and any increase under this paragraph
which is not a multiple of $500 shall be rounded to the next
lowest multiple of $500.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 1448. TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS
OF STATE AND LOCAL GOVERNMENTS.
(a) In General.--Section 457 is amended by adding at the
end the following new subsection:
``(g) Governmental Plans Must Maintain Set-Asides for
Exclusive Benefit of Participants.--
``(1) In general.--A plan maintained by an eligible
employer described in subsection (e)(1)(A) shall not be
treated as an eligible deferred compensation plan unless all
assets and income of the plan described in subsection (b)(6)
are held in trust for the exclusive benefit of participants
and their beneficiaries.
``(2) Taxability of trusts and participants.--For purposes
of this title--
``(A) a trust described in paragraph (1) shall be treated
as an organization exempt from taxation under section 501(a),
and
``(B) notwithstanding any other provision of this title,
amounts in the trust shall be includible in the gross income
of participants and beneficiaries only to the extent, and at
the time, provided in this section.
``(3) Custodial accounts and contracts.--For purposes of
this subsection, custodial accounts and contracts described
in section 401(f) shall be treated as trusts under rules
similar to the rules under section 401(f).''.
(b) Conforming Amendment.--Paragraph (6) of section 457(b)
is amended by inserting ``except as provided in subsection
(g),'' before ``which provides that''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to assets and
income described in section 457(b)(6) of the Internal Revenue
Code of 1986 held by a plan on and after the date of the
enactment of this Act.
(2) Transition rule.--In the case of a plan in existence on
the date of the enactment of this Act, a trust need not be
established by reason of the amendments made by this section
before January 1, 1999.
SEC. 1449. TRANSITION RULE FOR COMPUTING MAXIMUM BENEFITS
UNDER SECTION 415 LIMITATIONS.
(a) In General.--Subparagraph (A) of section 767(d)(3) of
the Uruguay Round Agreements Act is amended to read as
follows:
``(A) Exception.--A plan that was adopted and in effect
before December 8, 1994, shall not be required to apply the
amendments made by subsection (b) with respect to benefits
accrued before the earlier of--
``(i) the later of the date a plan amendment applying the
amendments made by subsection (b) is adopted or made
effective, or
``(ii) the first day of the first limitation year beginning
after December 31, 1999.
Determinations under section 415(b)(2)(E) of the Internal
Revenue Code of 1986 before such earlier date shall be made
with respect to such benefits on the basis of such section as
in effect on December 7, 1994 (except that the modification
made by section 1449(b) of the Small Business Job Protection
Act of 1996 shall be taken into account), and the provisions
of the plan as in effect on December 7, 1994, but only if
such provisions of the plan meet the requirements of such
section (as so in effect).''.
(b) Modification of Certain Assumptions for Adjusting
Benefits of Defined Benefit Plans for Early Retirees.--
Subparagraph (E) of section 415(b)(2) (relating to limitation
on certain assumptions) is amended--
(1) by striking ``Except as provided in clause (ii), for
purposes of adjusting any benefit or limitation under
subparagraph (B) or (C),'' in clause (i) and inserting ``For
purposes of adjusting any limitation under subparagraph (C)
and, except as provided in clause (ii), for purposes of
adjusting any benefit under subparagraph (B),'', and
(2) by striking ``For purposes of adjusting the benefit or
limitation of any form of benefit subject to section
417(e)(3),'' in clause (ii) and inserting ``For purposes of
adjusting any benefit under subparagraph (B) for any form of
benefit subject to section 417(e)(3),''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of section
767 of the Uruguay Round Agreements Act.
(d) Transitional Rule.--In the case of a plan that was
adopted and in effect before December 8, 1994, if--
(1) a plan amendment was adopted or made effective on or
before the date of the enactment of this Act applying the
amendments made by section 767 of the Uruguay Round
Agreements Act, and
(2) within 1 year after the date of the enactment of this
Act, a plan amendment is adopted which repeals the amendment
referred to in paragraph (1),
the amendment referred to in paragraph (1) shall not be taken
into account in applying section 767(d)(3)(A) of the Uruguay
Round Agreements Act, as amended by subsection (a).
SEC. 1450. MODIFICATIONS OF SECTION 403(B).
(a) Multiple Salary Reduction Agreements Permitted.--
(1) General rule.--For purposes of section 403(b) of the
Internal Revenue Code of 1986,
[[Page 2065]]
the frequency that an employee is permitted to enter into a
salary reduction agreement, the salary to which such an
agreement may apply, and the ability to revoke such an
agreement shall be determined under the rules applicable to
cash or deferred elections under section 401(k) of such Code.
(2) Constructive receipt.--Section 402(e)(3) is amended by
inserting ``or which is part of a salary reduction agreement
under section 403(b)'' after ``section 401(k)(2))''.
(3) Effective date.--This subsection shall apply to taxable
years beginning after December 31, 1995.
(b) Treatment of Indian Tribal Governments.--
(1) In general.--In the case of any contract purchased in a
plan year beginning before January 1, 1995, section 403(b) of
the Internal Revenue Code of 1986 shall be applied as if any
reference to an employer described in section 501(c)(3) of
the Internal Revenue Code of 1986 which is exempt from tax
under section 501 of such Code included a reference to an
employer which is an Indian tribal government (as defined by
section 7701(a)(40) of such Code), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency or instrumentality of an
Indian tribal government or subdivision thereof, or a
corporation chartered under Federal, State, or tribal law
which is owned in whole or in part by any of the foregoing.
(2) Rollovers.--Solely for purposes of applying section
403(b)(8) of such Code to a contract to which paragraph (1)
applies, a qualified cash or deferred arrangement under
section 401(k) of such Code shall be treated as if it were a
plan or contract described in clause (ii) of section
403(b)(8)(A) of such Code.
(c) Elective Deferrals.--
(1) In general.--Subparagraph (E) of section 403(b)(1) is
amended to read as follows:
``(E) in the case of a contract purchased under a salary
reduction agreement, the contract meets the requirements of
section 401(a)(30),''.
(2) Effective date.--The amendment made by this subsection
shall apply to years beginning after December 31, 1995,
except a contract shall not be required to meet any change in
any requirement by reason of such amendment before the 90th
day after the date of the enactment of this Act.
SEC. 1451. SPECIAL RULES RELATING TO JOINT AND SURVIVOR
ANNUITY EXPLANATIONS.
(a) Amendment to Internal Revenue Code.--Section 417(a) is
amended by adding at the end the following new paragraph:
``(7) Special rules relating to time for written
explanation.--Notwithstanding any other provision of this
subsection--
``(A) Explanation may be provided after annuity starting
date.--
``(i) In general.--A plan may provide the written
explanation described in paragraph (3)(A) after the annuity
starting date. In any case to which this subparagraph
applies, the applicable election period under paragraph (6)
shall not end before the 30th day after the date on which
such explanation is provided.
``(ii) Regulatory authority.--The Secretary may by
regulations limit the application of clause (i), except that
such regulations may not limit the period of time by which
the annuity starting date precedes the provision of the
written explanation other than by providing that the annuity
starting date may not be earlier than termination of
employment.
``(B) Waiver of 30-day period.--A plan may permit a
participant to elect (with any applicable spousal consent) to
waive any requirement that the written explanation be
provided at least 30 days before the annuity starting date
(or to waive the 30-day requirement under subparagraph (A))
if the distribution commences more than 7 days after such
explanation is provided.''
(b) Amendment to ERISA.--Section 205(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1055(c)) is
amended by adding at the end the following new paragraph:
``(8) Notwithstanding any other provision of this
subsection--
``(A)(i) A plan may provide the written explanation
described in paragraph (3)(A) after the annuity starting
date. In any case to which this subparagraph applies, the
applicable election period under paragraph (7) shall not end
before the 30th day after the date on which such explanation
is provided.
``(ii) The Secretary may by regulations limit the
application of clause (i), except that such regulations may
not limit the period of time by which the annuity starting
date precedes the provision of the written explanation other
than by providing that the annuity starting date may not be
earlier than termination of employment.
``(B) A plan may permit a participant to elect (with any
applicable spousal consent) to waive any requirement that the
written explanation be provided at least 30 days before the
annuity starting date (or to waive the 30-day requirement
under subparagraph (A)) if the distribution commences more
than 7 days after such explanation is provided.''
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 1996.
SEC. 1452. REPEAL OF LIMITATION IN CASE OF DEFINED BENEFIT
PLAN AND DEFINED CONTRIBUTION PLAN FOR SAME
EMPLOYEE; EXCESS DISTRIBUTIONS.
(a) In General.--Section 415(e) is repealed.
(b) Excess Distributions.--Section 4980A is amended by
adding at the end the following new subsection:
``(g) Limitation on Application.--This section shall not
apply to distributions during years beginning after December
31, 1996, and before January 1, 2000, and such distributions
shall be treated as made first from amounts not described in
subsection (f).''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 415(a) is amended--
(A) by adding ``or'' at the end of subparagraph (A),
(B) by striking ``, or'' at the end of subparagraph (B) and
inserting a period, and
(C) by striking subparagraph (C).
(2) Subparagraph (B) of section 415(b)(5) is amended by
striking ``and subsection (e)''.
(3) Paragraph (1) of section 415(f) is amended by striking
``subsections (b), (c), and (e)'' and inserting ``subsections
(b) and (c)''.
(4) Subsection (g) of section 415 is amended by striking
``subsections (e) and (f)'' in the last sentence and
inserting ``subsection (f)''.
(5) Clause (i) of section 415(k)(2)(A) is amended to read
as follows:
``(i) any contribution made directly by an employee under
such an arrangement shall not be treated as an annual
addition for purposes of subsection (c), and''.
(6) Clause (ii) of section 415(k)(2)(A) is amended by
striking ``subsections (c) and (e)'' and inserting
``subsection (c)''.
(7) Section 416 is amended by striking subsection (h).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to limitation
years beginning after December 31, 1999.
(2) Excess distributions.--The amendment made by subsection
(b) shall apply to years beginning after December 31, 1996.
SEC. 1453. TAX ON PROHIBITED TRANSACTIONS.
(a) In General.--Section 4975(a) is amended by striking ``5
percent'' and inserting ``10 percent''.
(b) Effective Date.--The amendment made by this section
shall apply to prohibited transactions occurring after the
date of the enactment of this Act.
SEC. 1454. TREATMENT OF LEASED EMPLOYEES.
(a) General Rule.--Subparagraph (C) of section 414(n)(2)
(defining leased employee) is amended to read as follows:
``(C) such services are performed under primary direction
or control by the recipient.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to years beginning after December 31, 1996, but
shall not apply to any relationship determined under an
Internal Revenue Service ruling issued before the date of the
enactment of this Act pursuant to section 414(n)(2)(C) of the
Internal Revenue Code of 1986 (as in effect on the day before
such date) not to involve a leased employee.
SEC. 1455. UNIFORM PENALTY PROVISIONS TO APPLY TO CERTAIN
PENSION REPORTING REQUIREMENTS.
(a) Penalties.--
(1) Statements.--Paragraph (1) of section 6724(d) is
amended by striking ``and'' at the end of subparagraph (A),
by striking the period at the end of subparagraph (B) and
inserting ``, and'', and by inserting after subparagraph (B)
the following new subparagraph:
``(C) any statement of the amount of payments to another
person required to be made to the Secretary under--
``(i) section 408(i) (relating to reports with respect to
individual retirement accounts or annuities), or
``(ii) section 6047(d) (relating to reports by employers,
plan administrators, etc.).''.
(2) Reports.--Paragraph (2) of section 6724(d) is amended
by striking ``or'' at the end of subparagraph (U), by
striking the period at the end of subparagraph (V) and
inserting a comma, and by inserting after subparagraph (V)
the following new subparagraphs:
``(W) section 408(i) (relating to reports with respect to
individual retirement plans) to any person other than the
Secretary with respect to the amount of payments made to such
person, or
``(X) section 6047(d) (relating to reports by plan
administrators) to any person other than the Secretary with
respect to the amount of payments made to such person.''.
(b) Modification of Reportable Designated Distributions.--
(1) Section 408.--Subsection (i) of section 408 (relating
to individual retirement account reports) is amended by
inserting ``aggregating $10 or more in any calendar year''
after ``distributions''.
(2) Section 6047.--Paragraph (1) of section 6047(d)
(relating to reports by employers, plan administrators, etc.)
is amended by adding at the end the following new sentence:
``No return or report may be required under the preceding
sentence with respect to distributions to any person during
any year unless such distributions aggregate $10 or more.''.
(c) Qualifying Rollover Distributions.--Section 6652(i) is
amended--
(1) by striking ``the $10'' and inserting ``$100'', and
(2) by striking ``$5,000'' and inserting ``$50,000''.
(d) Conforming Amendments.--
(1) Paragraph (1) of section 6047(f) is amended to read as
follows:
``(1) For provisions relating to penalties for failures to file
returns and reports required under this section, see sections 6652(e),
6721, and 6722.''.
(2) Subsection (e) of section 6652 is amended by adding at
the end the following new sentence: ``This subsection shall
not apply to any return or statement which is an infor
[[Page 2066]]
mation return described in section 6724(d)(1)(C)(ii) or a
payee statement described in section 6724(d)(2)(X).''.
(3) Subsection (a) of section 6693 is amended by adding at
the end the following new sentence: ``This subsection shall
not apply to any report which is an information return
described in section 6724(d)(1)(C)(i) or a payee statement
described in section 6724(d)(2)(W).''.
(e) Effective Date.--The amendments made by this section
shall apply to returns, reports, and other statements the due
date for which (determined without regard to extensions) is
after December 31, 1996.
SEC. 1456. RETIREMENT BENEFITS OF MINISTERS NOT SUBJECT TO
TAX ON NET EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Section 1402(a)(8) (defining net earning
from self-employment) is amended by inserting ``, but shall
not include in such net earnings from self-employment the
rental value of any parsonage or any parsonage allowance
(whether or not excludable under section 107) provided after
the individual retires, or any other retirement benefit
received by such individual from a church plan (as defined in
section 414(e)) after the individual retires'' before the
semicolon at the end.
(b) Effective Date.--The amendments made by this section
shall apply to years beginning before, on, or after December
31, 1994.
SEC. 1457. SAMPLE LANGUAGE FOR SPOUSAL CONSENT AND QUALIFIED
DOMESTIC RELATIONS FORMS.
(a) Development of Sample Language.--Not later than January
1, 1997, the Secretary of the Treasury shall develop--
(1) sample language for inclusion in a form for the spousal
consent required under section 417(a)(2) of the Internal
Revenue Code of 1986 and section 205(c)(2) of the Employee
Retirement Income Security Act of 1974 which--
(A) is written in a manner calculated to be understood by
the average person, and
(B) discloses in plain form--
(i) whether the waiver to which the spouse consents is
irrevocable, and
(ii) whether such waiver may be revoked by a qualified
domestic relations order, and
(2) sample language for inclusion in a form for a qualified
domestic relations order described in section 414(p)(1)(A) of
such Code and section 206(d)(3)(B)(i) of such Act which--
(A) meets the requirements contained in such sections, and
(B) the provisions of which focus attention on the need to
consider the treatment of any lump sum payment, qualified
joint and survivor annuity, or qualified preretirement
survivor annuity.
(b) Publicity.--The Secretary of the Treasury shall include
publicity for the sample language developed under subsection
(a) in the pension outreach efforts undertaken by the
Secretary.
SEC. 1458. TREATMENT OF LENGTH OF SERVICE AWARDS TO
VOLUNTEERS PERFORMING FIRE FIGHTING OR
PREVENTION SERVICES, EMERGENCY MEDICAL
SERVICES, OR AMBULANCE SERVICES.
(a) In General.--Paragraph (11) of section 457(e) (relating
to deferred compensation plans of State and local governments
and tax-exempt organizations) is amended to read as follows:
``(11) Certain plans excluded.--
``(A) In general.--The following plans shall be treated as
not providing for the deferral of compensation:
``(i) Any bona fide vacation leave, sick leave,
compensatory time, severance pay, disability pay, or death
benefit plan.
``(ii) Any plan paying solely length of service awards to
bona fide volunteers (or their beneficiaries) on account of
qualified services performed by such volunteers.
``(B) Special rules applicable to length of service award
plans.--
``(i) Bona fide volunteer.--An individual shall be treated
as a bona fide volunteer for purposes of subparagraph (A)(ii)
if the only compensation received by such individual for
performing qualified services is in the form of--
``(I) reimbursement for (or a reasonable allowance for)
reasonable expenses incurred in the performance of such
services, or
``(II) reasonable benefits (including length of service
awards), and nominal fees for such services, customarily paid
by eligible employers in connection with the performance of
such services by volunteers.
``(ii) Limitation on accruals.--A plan shall not be treated
as described in subparagraph (A)(ii) if the aggregate amount
of length of service awards accruing with respect to any year
of service for any bona fide volunteer exceeds $3,000.
``(C) Qualified services.--For purposes of this paragraph,
the term `qualified services' means fire fighting and
prevention services, emergency medical services, and
ambulance services.''.
(b) Exemption From Social Security Taxes.--
(1) Subsection (a)(5) of section 3121, as amended by
section 1421, is amended by striking ``(or)'' at the end of
subparagraph (G), by inserting ``or'' at the end of
subparagraph (H), and by adding at the end the following new
subparagraph:
``(I) under a plan described in section 457(e)(11)(A)(ii)
and maintained by an eligible employer (as defined in section
457(e)(1)).''.
(2) Section 209(a)(4) of the Social Security Act is amended
by inserting ``; or (K) under a plan described in section
457(e)(11)(A)(ii) of the Internal Revenue Code of 1986 and
maintained by an eligible employer (as defined in section
457(e)(1) of such Code)'' before the semicolon at the end
thereof.
(c) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to accruals of length of service awards after
December 31, 1996.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to remuneration paid after December 31, 1996.
SEC. 1459. ALTERNATIVE NONDISCRIMINATION RULES FOR CERTAIN
PLANS THAT PROVIDE FOR EARLY PARTICIPATION.
(a) Cash or Deferred Arrangements.--Paragraph (3) of
section 401(k) (relating to application of participation and
discrimination standards), as amended by section 1433(d)(1)
of this Act, is amended by adding at the end the following
new subparagraph:
``(F) Special rule for early participation.--If an employer
elects to apply section 410(b)(4)(B) in determining whether a
cash or deferred arrangement meets the requirements of
subparagraph (A)(i), the employer may, in determining whether
the arrangement meets the requirements of subparagraph
(A)(ii), exclude from consideration all eligible employees
(other than highly compensated employees) who have not met
the minimum age and service requirements of section
410(a)(1)(A).''.
(b) Matching Contributions.--Paragraph (5) of section
401(m) (relating to employees taken into consideration) is
amended by adding at the end the following new subparagraph:
``(C) Special rule for early participation.--If an employer
elects to apply section 410(b)(4)(B) in determining whether a
plan meets the requirements of section 410(b), the employer
may, in determining whether the plan meets the requirements
of paragraph (2), exclude from consideration all eligible
employees (other than highly compensated employees) who have
not met the minimum age and service requirements of section
410(a)(1)(A).''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 1998.
SEC. 1460. CLARIFICATION OF APPLICATION OF ERISA TO INSURANCE
COMPANY GENERAL ACCOUNTS.
(a) In General.--Section 401 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1101) is amended by
adding at the end the following new subsection:
``(c)(1)(A) Not later than June 30, 1997, the Secretary
shall issue proposed regulations to provide guidance for the
purpose of determining, in cases where an insurer issues 1 or
more policies to or for the benefit of an employee benefit
plan (and such policies are supported by assets of such
insurer's general account), which assets held by the insurer
(other than plan assets held in its separate accounts)
constitute assets of the plan for purposes of this part and
section 4975 of the Internal Revenue Code of 1986 and to
provide guidance with respect to the application of this
title to the general account assets of insurers.
``(B) The proposed regulations under subparagraph (A) shall
be subject to public notice and comment until September 30,
1997.
``(C) The Secretary shall issue final regulations providing
the guidance described in subparagraph (A) not later than
December 31, 1997.
``(D) Such regulations shall only apply with respect to
policies which are issued by an insurer on or before December
31, 1998, to or for the benefit of an employee benefit plan
which is supported by assets of such insurer's general
account. With respect to policies issued on or before
December 31, 1998, such regulations shall take effect at the
end of the 18-month period following the date on which such
regulations become final.
``(2) The Secretary shall ensure that the regulations
issued under paragraph (1)--
``(A) are administratively feasible, and
``(B) protect the interests and rights of the plan and of
its participants and beneficiaries (including meeting the
requirements of paragraph (3)).
``(3) The regulations prescribed by the Secretary pursuant
to paragraph (1) shall require, in connection with any policy
issued by an insurer to or for the benefit of an employee
benefit plan to the extent that the policy is not a
guaranteed benefit policy (as defined in subsection
(b)(2)(B))--
``(A) that a plan fiduciary totally independent of the
insurer authorize the purchase of such policy (unless such
purchase is a transaction exempt under section 408(b)(5)),
``(B) that the insurer describe (in such form and manner as
shall be prescribed in such regulations), in annual reports
and in policies issued to the policyholder after the date on
which such regulations are issued in final form pursuant to
paragraph (1)(C) --
``(i) a description of the method by which any income and
expenses of the insurer's general account are allocated to
the policy during the term of the policy and upon the
termination of the policy, and
``(ii) for each report, the actual return to the plan under
the policy and such other financial information as the
Secretary may deem appropriate for the period covered by each
such annual report,
``(C) that the insurer disclose to the plan fiduciary the
extent to which alternative arrangements supported by assets
of separate accounts of the insurer (which generally hold
plan assets) are available, whether there is a right under
the policy to transfer funds to a separate account and the
terms governing any such right, and the extent to which
support by assets of the insurer's general ac
[[Page 2067]]
count and support by assets of separate accounts of the
insurer might pose differing risks to the plan, and
``(D) that the insurer manage those assets of the insurer
which are assets of such insurer's general account
(irrespective of whether any such assets are plan assets)
with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent man acting in a
like capacity and familiar with such matters would use in the
conduct of an enterprise of a like character and with like
aims, taking into account all obligations supported by such
enterprise.
``(4) Compliance by the insurer with all requirements of
the regulations issued by the Secretary pursuant to paragraph
(1) shall be deemed compliance by such insurer with sections
404, 406, and 407 with respect to those assets of the
insurer's general account which support a policy described in
paragraph (3).
``(5)(A) Subject to subparagraph (B), any regulations
issued under paragraph (1) shall not take effect before the
date on which such regulations become final.
``(B) No person shall be subject to liability under this
part or section 4975 of the Internal Revenue Code of 1986 for
conduct which occurred before the date which is 18 months
following the date described in subparagraph (A) on the basis
of a claim that the assets of an insurer (other than plan
assets held in a separate account) constitute assets of the
plan, except--
``(i) as otherwise provided by the Secretary in regulations
intended to prevent avoidance of the regulations issued under
paragraph (1), or
``(ii) as provided in an action brought by the Secretary
pursuant to paragraph (2) or (5) of section 502(a) for a
breach of fiduciary responsibilities which would also
constitute a violation of Federal or State criminal law.
The Secretary shall bring a cause of action described in
clause (ii) if a participant, beneficiary, or fiduciary
demonstrates to the satisfaction of the Secretary that a
breach described in clause (ii) has occurred.
``(6) Nothing in this subsection shall preclude the
application of any Federal criminal law.
``(7) For purposes of this subsection, the term `policy'
includes a contract.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall take effect on January
1, 1975.
(2) Civil actions.--The amendment made by this section
shall not apply to any civil action commenced before November
7, 1995.
SEC. 1461. SPECIAL RULES FOR CHAPLAINS AND SELF-EMPLOYED
MINISTERS.
(a) In General.--Section 414(e) (defining church plan) is
amended by adding at the end the following new paragraph:
``(5) Special rules for chaplains and self-employed
ministers.--
``(A) Certain ministers may participate.--For purposes of
this part--
``(i) In general.--An employee of a church or a convention
or association of churches shall include a duly ordained,
commissioned, or licensed minister of a church who, in
connection with the exercise of his or her ministry--
``(I) is a self-employed individual (within the meaning of
section 401(c)(1)(B)), or
``(II) is employed by an organization other than an
organization described in section 501(c)(3).
``(ii) Treatment as employer and employee.--
``(I) Self-employed.--A minister described in clause (i)(I)
shall be treated as his or her own employer which is an
organization described in section 501(c)(3) and which is
exempt from tax under section 501(a).
``(II) Others.--A minister described in clause (i)(II)
shall be treated as employed by an organization described in
section 501(c)(3) and exempt from tax under section 501(a).
``(B) Special rules for applying section 403(b) to self-
employed ministers.--In the case of a minister described in
subparagraph (A)(i)(I)--
``(i) the minister's includible compensation under section
403(b)(3) shall be determined by reference to the minister's
earned income (within the meaning of section 401(c)(2)) from
such ministry rather than the amount of compensation which is
received from an employer, and
``(ii) the years (and portions of years) in which such
minister was a self-employed individual (within the meaning
of section 401(c)(1)(B)) with respect to such ministry shall
be included for purposes of section 403(b)(4).
``(C) Effect on non-denominational plans.--If a duly
ordained, commissioned, or licensed minister of a church in
the exercise of his or her ministry participates in a church
plan (within the meaning of this section) and in the exercise
of such ministry is employed by an employer not eligible to
participate in such church plan, then such employer may
exclude such minister from being treated as an employee of
such employer for purposes of applying sections 401(a)(3),
401(a)(4), and 401(a)(5), as in effect on September 1, 1974,
and sections 401(a)(4), 401(a)(5), 401(a)(26), 401(k)(3),
401(m), 403(b)(1)(D) (including section 403(b)(12)), and 410
to any stock bonus, pension, profit-sharing, or annuity plan
(including an annuity described in section 403(b) or a
retirement income account described in section 403(b)(9)).
The Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out the purpose of, and
prevent the abuse of, this subparagraph.
``(D) Compensation taken into account only once.--If any
compensation is taken into account in determining the amount
of any contributions made to, or benefits to be provided
under, any church plan, such compensation shall not also be
taken into account in determining the amount of any
contributions made to, or benefits to be provided under, any
other stock bonus, pension, profit-sharing, or annuity plan
which is not a church plan.''
(b) Contributions by Certain Ministers to Retirement Income
Accounts.--Section 404(a) (relating to deduction for
contributions of an employer to an employees' trust or
annuity plan and compensation under a deferred-payment plan)
is amended by adding at the end the following new paragraph:
``(10) Contributions by certain ministers to retirement
income accounts.--In the case of contributions made by a
minister described in section 414(e)(5) to a retirement
income account described in section 403(b)(9) and not by a
person other than such minister, such contributions--
``(A) shall be treated as made to a trust which is exempt
from tax under section 501(a) and which is part of a plan
which is described in section 401(a), and
``(B) shall be deductible under this subsection to the
extent such contributions do not exceed the limit on elective
deferrals under section 402(g), the exclusion allowance under
section 403(b)(2), or the limit on annual additions under
section 415.
For purposes of this paragraph, all plans in which the
minister is a participant shall be treated as one plan.''.
(c) Effective Date.--The amendments made by this section
shall apply to years beginning after December 31, 1996.
SEC. 1462. DEFINITION OF HIGHLY COMPENSATED EMPLOYEE FOR PRE-
ERISA RULES FOR CHURCH PLANS.
(a) In General.--Section 414(q) (defining highly
compensated employee), as amended by section 1431(c)(1)(A) of
this Act, is amended by adding at the end the following new
paragraph:
``(7) Certain employees not considered highly compensated
and excluded employees under pre-erisa rules for church
plans.--In the case of a church plan (as defined in
subsection (e)), no employee shall be considered an officer,
a person whose principal duties consist of supervising the
work of other employees, or a highly compensated employee for
any year unless such employee is a highly compensated
employee under paragraph (1) for such year.''.
(b) Safeharbor Authority.--The Secretary of the Treasury
may design nondiscrimination and coverage safe harbors for
church plans.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to years beginning after December 31, 1996.
SEC. 1463. RULE RELATING TO INVESTMENT IN CONTRACT NOT TO
APPLY TO FOREIGN MISSIONARIES.
(a) In General.--The last sentence of section 72(f) is
amended by inserting ``, or to the extent such credits are
attributable to services performed as a foreign missionary
(within the meaning of section 403(b)(2)(D)(iii))'' before
the end period.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 1464. WAIVER OF EXCISE TAX ON FAILURE TO PAY LIQUIDITY
SHORTFALL.
(a) In General.--Section 4971(f) (relating to failure to
pay liquidity shortfall) is amended by adding at the end the
following new paragraph:
``(4) Waiver by secretary.--If the taxpayer establishes to
the satisfaction of the Secretary that--
``(A) the liquidity shortfall described in paragraph (1)
was due to reasonable cause and not willful neglect, and
``(B) reasonable steps have been taken to remedy such
liquidity shortfall,
the Secretary may waive all or part of the tax imposed by
this subsection.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the amendment made by
clause (ii) of section 751(a)(9)(B) of the Retirement
Protection Act of 1994 (108 Stat. 5020).
SEC. 1465. DATE FOR ADOPTION OF PLAN AMENDMENTS.
If any amendment made by this subtitle requires an
amendment to any plan or annuity contract, such amendment
shall not be required to be made before the first day of the
first plan year beginning on or after January 1, 1998, if--
(1) during the period after such amendment takes effect and
before such first plan year, the plan or contract is operated
in accordance with the requirements of such amendment, and
(2) such amendment applies retroactively to such period.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), this section
shall be applied by substituting ``2000'' for ``1998''.
Subtitle E--Foreign Simplification
SEC. 1501. REPEAL OF INCLUSION OF CERTAIN EARNINGS INVESTED
IN EXCESS PASSIVE ASSETS.
(a) In General.--
(1) Repeal of inclusion.--Paragraph (1) of section 951(a)
(relating to amounts included in gross income of United
States shareholders) is amended by striking subparagraph (C),
by striking ``; and'' at the end of subparagraph (B) and
inserting a period, and by adding ``and'' at the end of
subparagraph (A).
(2) Repeal of inclusion amount.--Section 956A (relating to
earnings invested in excess passive assets) is repealed.
[[Page 2068]]
(b) Conforming Amendments.--
(1) Subparagraph (G) of section 904(d)(3), as amended by
section 1703(i)(1), is amended by striking ``subparagraph (B)
or (C) of section 951(a)(1)'' and inserting ``section
951(a)(1)(B)''.
(1) Paragraph (1) of section 956(b) is amended to read as
follows:
``(1) Applicable earnings.--For purposes of this section,
the term `applicable earnings' means, with respect to any
controlled foreign corporation, the sum of--
``(A) the amount (not including a deficit) referred to in
section 316(a)(1), and
``(B) the amount referred to in section 316(a)(2),
but reduced by distributions made during the taxable year and
by earnings and profits described in section 959(c)(1).''.
(2) Paragraph (3) of section 956(b) is amended to read as
follows:
``(3) Special rule where corporation ceases to be
controlled foreign corporation.--If any foreign corporation
ceases to be a controlled foreign corporation during any
taxable year--
``(A) the determination of any United States shareholder's
pro rata share shall be made on the basis of stock owned
(within the meaning of section 958(a)) by such shareholder on
the last day during the taxable year on which the foreign
corporation is a controlled foreign corporation,
``(B) the average referred to in subsection (a)(1)(A) for
such taxable year shall be determined by only taking into
account quarters ending on or before such last day, and
``(C) in determining applicable earnings, the amount taken
into account by reason of being described in paragraph (2) of
section 316(a) shall be the portion of the amount so
described which is allocable (on a pro rata basis) to the
part of such year during which the corporation is a
controlled foreign corporation.''..
(3) Subsection (a) of section 959 (relating to exclusion
from gross income of previously taxed earnings and profits)
is amended by adding ``or'' at the end of paragraph (1), by
striking ``or'' at the end of paragraph (2), and by striking
paragraph (3).
(4) Subsection (a) of section 959 is amended by striking
``paragraphs (2) and (3)'' in the last sentence and inserting
``paragraph (2)''.
(5) Subsection (c) of section 959 is amended by adding at
the end the following flush sentence:
``References in this subsection to section 951(a)(1)(C) and
subsection (a)(3) shall be treated as references to such
provisions as in effect on the day before the date of the
enactment of the Small Business Job Protection Act of
1996.''.
(6) Paragraph (1) of section 959(f) is amended to read as
follows:
``(1) In general.--For purposes of this section, amounts
that would be included under subparagraph (B) of section
951(a)(1) (determined without regard to this section) shall
be treated as attributable first to earnings described in
subsection (c)(2), and then to earnings described in
subsection (c)(3).''.
(7) Paragraph (2) of section 959(f) is amended by striking
``subparagraphs (B) and (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(8) Subsection (b) of section 989 is amended by striking
``subparagraph (B) or (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(9) Paragraph (9) of section 1297(b) is amended by striking
``subparagraph (B) or (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(10) Subsections (d)(3)(B) and (e)(2)(B)(ii) of section
1297 are each amended by striking ``or section 956A''.
(11) Subparagraph (G) of section 904(d)(3) is amended by
striking ``subparagraph (B) or (C) of section 951(a)(1)'' and
inserting ``section 951(a)(1)(B)''.
(c) Clerical Amendment.--The table of sections for subpart
F of part III of subchapter N of chapter 1 is amended by
striking the item relating to section 956A.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 1996, and to taxable years of
United States shareholders within which or with which such
taxable years of foreign corporations end.
Subtitle F--Revenue Offsets
PART I--GENERAL PROVISIONS
SEC. 1601. TERMINATION OF PUERTO RICO AND POSSESSION TAX
CREDIT.
(a) In General.--Section 936 is amended by adding at the
end the following new subsection:
``(j) Termination.--
``(1) In general.--Except as otherwise provided in this
subsection, this section shall not apply to any taxable year
beginning after December 31, 1995.
``(2) Transition rules for active business income credit.--
Except as provided in paragraph (3)--
``(A) Economic activity credit.--In the case of an existing
credit claimant--
``(i) with respect to a possession other than Puerto Rico,
and
``(ii) to which subsection (a)(4)(B) does not apply,
the credit determined under subsection (a)(1)(A) shall be
allowed for taxable years beginning after December 31, 1995,
and before January 1, 2002.
``(B) Special rule for reduced credit.--
``(i) In general.--In the case of an existing credit
claimant to which subsection (a)(4)(B) applies, the credit
determined under subsection (a)(1)(A) shall be allowed for
taxable years beginning after December 31, 1995, and before
January 1, 1998.
``(ii) Election irrevocable after 1997.--An election under
subsection (a)(4)(B)(iii) which is in effect for the
taxpayer's last taxable year beginning before 1997 may not be
revoked unless it is revoked for the taxpayer's first taxable
year beginning in 1997 and all subsequent taxable years.
``(C) Economic activity credit for puerto rico.--
``For economic activity credit for Puerto Rico, see section 30A.
``(3) Additional restricted credit.--
``(A) In general.--In the case of an existing credit
claimant--
``(i) the credit under subsection (a)(1)(A) shall be
allowed for the period beginning with the first taxable year
after the last taxable year to which subparagraph (A) or (B)
of paragraph (2), whichever is appropriate, applied and
ending with the last taxable year beginning before January 1,
2006, except that
``(ii) the aggregate amount of taxable income taken into
account under subsection (a)(1)(A) for any such taxable year
shall not exceed the adjusted base period income of such
claimant.
``(B) Coordination with subsection (a)(4).--The amount of
income described in subsection (a)(1)(A) which is taken into
account in applying subsection (a)(4) shall be such income as
reduced under this paragraph.
``(4) Adjusted base period income.--For purposes of
paragraph (3)--
``(A) In general.--The term `adjusted base period income'
means the average of the inflation-adjusted possession
incomes of the corporation for each base period year.
``(B) Inflation-adjusted possession income.--For purposes
of subparagraph (A), the inflation-adjusted possession income
of any corporation for any base period year shall be an
amount equal to the sum of--
``(i) the possession income of such corporation for such
base period year, plus
``(ii) such possession income multiplied by the inflation
adjustment percentage for such base period year.
``(C) Inflation adjustment percentage.--For purposes of
subparagraph (B), the inflation adjustment percentage for any
base period year means the percentage (if any) by which--
``(i) the CPI for 1995, exceeds
``(ii) the CPI for the calendar year in which the base
period year for which the determination is being made ends.
For purposes of the preceding sentence, the CPI for any
calendar year is the CPI (as defined in section 1(f)(5)) for
such year under section 1(f)(4).
``(D) Increase in inflation adjustment percentage for
growth during base years.--The inflation adjustment
percentage (determined under subparagraph (C) without regard
to this subparagraph) for each of the 5 taxable years
referred to in paragraph (5)(A) shall be increased by--
``(i) 5 percentage points in the case of a taxable year
ending during the 1-year period ending on October 13, 1995;
``(ii) 10.25 percentage points in the case of a taxable
year ending during the 1-year period ending on October 13,
1994;
``(iii) 15.76 percentage points in the case of a taxable
year ending during the 1-year period ending on October 13,
1993;
``(iv) 21.55 percentage points in the case of a taxable
year ending during the 1-year period ending on October 13,
1992; and
``(v) 27.63 percentage points in the case of a taxable year
ending during the 1-year period ending on October 13, 1991.
``(5) Base period year.--For purposes of this subsection--
``(A) In general.--The term `base period year' means each
of 3 taxable years which are among the 5 most recent taxable
years of the corporation ending before October 14, 1995,
determined by disregarding--
``(i) one taxable year for which the corporation had the
largest inflation-adjusted possession income, and
``(ii) one taxable year for which the corporation had the
smallest inflation-adjusted possession income.
``(B) Corporations not having significant possession income
throughout 5-year period.--
``(i) In general.--If a corporation does not have
significant possession income for each of the most recent 5
taxable years ending before October 14, 1995, then, in lieu
of applying subparagraph (A), the term `base period year'
means only those taxable years (of such 5 taxable years) for
which the corporation has significant possession income;
except that, if such corporation has significant possession
income for 4 of such 5 taxable years, the rule of
subparagraph (A)(ii) shall apply.
``(ii) Special rule.--If there is no year (of such 5
taxable years) for which a corporation has significant
possession income--
``(I) the term `base period year' means the first taxable
year ending on or after October 14, 1995, but
``(II) the amount of possession income for such year which
is taken into account under paragraph (4) shall be the amount
which would be determined if such year were a short taxable
year ending on September 30, 1995.
``(iii) Significant possession income.--For purposes of
this subparagraph, the term `significant possession income'
means possession income which exceeds 2 percent of the
possession income of the taxpayer for the taxable year (of
the period of 6 taxable years ending with the first taxable
year ending on
[[Page 2069]]
or after October 14, 1995) having the greatest possession
income.
``(C) Election to use one base period year.--
``(i) In general.--At the election of the taxpayer, the
term `base period year' means--
``(I) only the last taxable year of the corporation ending
in calendar year 1992, or
``(II) a deemed taxable year which includes the first ten
months of calendar year 1995.
``(ii) Base period income for 1995.--In determining the
adjusted base period income of the corporation for the deemed
taxable year under clause (i)(II), the possession income
shall be annualized and shall be determined without regard to
any extraordinary item.
``(iii) Election.--An election under this subparagraph by
any possession corporation may be made only for the
corporation's first taxable year beginning after December 31,
1995, for which it is a possession corporation. The rules of
subclauses (II) and (III) of subsection (a)(4)(B)(iii) shall
apply to the election under this subparagraph.
``(D) Acquisitions and dispositions.--Rules similar to the
rules of subparagraphs (A) and (B) of section 41(f)(3) shall
apply for purposes of this subsection.
``(6) Possession income.--For purposes of this subsection,
the term `possession income' means, with respect to any
possession, the income referred to in subsection (a)(1)(A)
determined with respect to that possession. In no event shall
possession income be treated as being less than zero.
``(7) Short years.--If the current year or a base period
year is a short taxable year, the application of this
subsection shall be made with such annualizations as the
Secretary shall prescribe.
``(8) Special rules for certain possessions.--
``(A) In general.--In the case of an existing credit
claimant with respect to an applicable possession, this
section (other than the preceding paragraphs of this
subsection) shall apply to such claimant with respect to such
applicable possession for taxable years beginning after
December 31, 1995, and before January 1, 2006.
``(B) Applicable possession.--For purposes of this
paragraph, the term `applicable possession' means Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
``(9) Existing credit claimant.--For purposes of this
subsection--
``(A) In general.--The term `existing credit claimant'
means a corporation--
``(i)(I) which was actively conducting a trade or business
in a possession on October 13, 1995, and
``(II) with respect to which an election under this section
is in effect for the corporation's taxable year which
includes October 13, 1995, or
``(ii) which acquired all of the assets of a trade or
business of a corporation which--
``(I) satisfied the requirements of subclause (I) of clause
(i) with respect to such trade or business, and
``(II) satisfied the requirements of subclause (II) of
clause (i).
``(B) New lines of business prohibited.--If, after October
13, 1995, a corporation which would (but for this
subparagraph) be an existing credit claimant adds a
substantial new line of business (other than in an
acquisition described in subparagraph (A)(ii)), such
corporation shall cease to be treated as an existing credit
claimant as of the close of the taxable year ending before
the date of such addition.
``(C) Binding contract exception.--If, on October 13, 1995,
and at all times thereafter, there is in effect with respect
to a corporation a binding contract for the acquisition of
assets to be used in, or for the sale of assets to be
produced from, a trade or business, the corporation shall be
treated for purposes of this paragraph as actively conducting
such trade or business on October 13, 1995. The preceding
sentence shall not apply if such trade or business is not
actively conducted before January 1, 1996.
``(10) Separate application to each possession.--For
purposes of determining--
``(A) whether a taxpayer is an existing credit claimant,
and
``(B) the amount of the credit allowed under this section,
this subsection (and so much of this section as relates to
this subsection) shall be applied separately with respect to
each possession.''.
(b) Economic Activity Credit for Puerto Rico.--
(1) In general.--Subpart B of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 30A. PUERTO RICAN ECONOMIC ACTIVITY CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--Except as otherwise provided in this
section, if the conditions of both paragraph (1) and
paragraph (2) of subsection (b) are satisfied with respect to
a qualified domestic corporation, there shall be allowed as a
credit against the tax imposed by this chapter an amount
equal to the portion of the tax which is attributable to the
taxable income, from sources without the United States,
from--
``(A) the active conduct of a trade or business within
Puerto Rico, or
``(B) the sale or exchange of substantially all of the
assets used by the taxpayer in the active conduct of such
trade or business.
In the case of any taxable year beginning after December 31,
2001, the aggregate amount of taxable income taken into
account under the preceding sentence (and in applying
subsection (d)) shall not exceed the adjusted base period
income of such corporation, as determined in the same manner
as under section 936(j).
``(2) Qualified domestic corporation.--For purposes of
paragraph (1), the term `qualified domestic corporation'
means a domestic corporation--
``(A) which is an existing credit claimant with respect to
Puerto Rico, and
``(B) with respect to which section 936(a)(4)(B) does not
apply for the taxable year.
``(3) Separate application.--For purposes of determining--
``(A) whether a taxpayer is an existing credit claimant
with respect to Puerto Rico, and
``(B) the amount of the credit allowed under this section,
this section (and so much of section 936 as relates to this
section) shall be applied separately with respect to Puerto
Rico.
``(b) Conditions Which Must Be Satisfied.--The conditions
referred to in subsection (a) are--
``(1) 3-year period.--If 80 percent or more of the gross
income of the qualified domestic corporation for the 3-year
period immediately preceding the close of the taxable year
(or for such part of such period immediately preceding the
close of such taxable year as may be applicable) was derived
from sources within a possession (determined without regard
to section 904(f)).
``(2) Trade or business.--If 75 percent or more of the
gross income of the qualified domestic corporation for such
period or such part thereof was derived from the active
conduct of a trade or business within a possession.
``(c) Credit Not Allowed Against Certain Taxes.--The credit
provided by subsection (a) shall not be allowed against the
tax imposed by--
``(1) section 59A (relating to environmental tax),
``(2) section 531 (relating to the tax on accumulated
earnings),
``(3) section 541 (relating to personal holding company
tax), or
``(4) section 1351 (relating to recoveries of foreign
expropriation losses).
``(d) Limitations on Credit for Active Business Income.--
The amount of the credit determined under subsection (a) for
any taxable year shall not exceed the sum of the following
amounts:
``(1) 60 percent of the sum of--
``(A) the aggregate amount of the qualified domestic
corporation's qualified possession wages for such taxable
year, plus
``(B) the allocable employee fringe benefit expenses of the
qualified domestic corporation for such taxable year.
``(2) The sum of--
``(A) 15 percent of the depreciation allowances for the
taxable year with respect to short-life qualified tangible
property,
``(B) 40 percent of the depreciation allowances for the
taxable year with respect to medium-life qualified tangible
property, and
``(C) 65 percent of the depreciation allowances for the
taxable year with respect to long-life qualified tangible
property.
``(3) If the qualified domestic corporation does not have
an election to use the method described in section
936(h)(5)(C)(ii) (relating to profit split) in effect for the
taxable year, the amount of the qualified possession income
taxes for the taxable year allocable to nonsheltered income.
``(e) Administrative Provisions.--For purposes of this
title--
``(1) the provisions of section 936 (including any
applicable election thereunder) shall apply in the same
manner as if the credit under this section were a credit
under section 936(a)(1)(A) for a domestic corporation to
which section 936(a)(4)(A) applies,
``(2) the credit under this section shall be treated in the
same manner as the credit under section 936, and
``(3) a corporation to which this section applies shall be
treated in the same manner as if it were a corporation
electing the application of section 936.
``(f) Definitions.--For purposes of this section, any term
used in this section which is also used in section 936 shall
have the same meaning given such term by section 936.
``(g) Application of Section.--This section shall apply to
taxable years beginning after December 31, 1995, and before
January 1, 2006.''.
(2) Conforming amendments.--
(A) Paragraph (1) of section 55(c) is amended by striking
``and the section 936 credit allowable under section 27(b)''
and inserting ``, the section 936 credit allowable under
section 27(b), and the Puerto Rican economic activity credit
under section 30A''.
(B) Subclause (I) of section 56(g)(4)(C)(ii) is amended--
(i) by inserting ``30A,'' before ``936'', and
(ii) by striking ``and (i)'' and inserting ``, (i), and
(j)''.
(C) Clause (iii) of section 56(g)(4)(C) is amended by
adding at the end the following new subclause:
``(VI) Application to section 30a corporations.--References
in this clause to section 936 shall be treated as including
references to section 30A.''.
(D) Subsection (b) of section 59 is amended by striking
``section 936,'' and all that follows and inserting ``section
30A or 936, alternative minimum taxable income shall not
include any income with respect to which a credit is
determined under section 30A or 936.''.
(E) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is
[[Page 2070]]
amended by adding at the end the following new item:
``Sec. 30A. Puerto Rican economic activity credit.''.
(F)(i) The heading for subpart B of part IV of subchapter A
of chapter 1 is amended to read as follows:
``Subpart B--Other Credits''.
(ii) The table of subparts for part IV of subchapter A of
chapter 1 is amended by striking the item relating to subpart
B and inserting the following new item:
``Subpart B. Other credits.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1995.
(2) Special rule for qualified possession source investment
income.--The amendments made by this section shall not apply
to qualified possession source investment income received or
accrued before July 1, 1996, without regard to the taxable
year in which received or accrued.
(3) Special transition rule for payment of estimated tax
installment.--In determining the amount of any installment
due under section 6655 of the Internal Revenue Code of 1986
after the date of the enactment of this Act and before
October 1, 1996, only \1/2\ of any increase in tax (for the
taxable year for which such installment is made) by reason of
the amendments made by subsections (a) and (b) shall be taken
into account. Any reduction in such installment by reason of
the preceding sentence shall be recaptured by increasing the
next required installment for such year by the amount of such
reduction.
SEC. 1602. REPEAL OF EXCLUSION FOR INTEREST ON LOANS USED TO
ACQUIRE EMPLOYER SECURITIES.
(a) In General.--Section 133 (relating to interest on
certain loans used to acquire employer securities) is hereby
repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 291(e)(1) is amended by
striking clause (iv) and by redesignating clause (v) as
clause (iv).
(2) Section 812 is amended by striking subsection (g).
(3) Paragraph (5) of section 852(b) is amended by striking
subparagraph (C).
(4) Paragraph (2) of section 4978(b) is amended by striking
subparagraph (A) and all that follows and inserting the
following:
``(A) first from qualified securities to which section 1042
applied acquired during the 3-year period ending on the date
of the disposition, beginning with the securities first so
acquired, and
``(B) then from any other employer securities.
If subsection (d) applies to a disposition, the disposition
shall be treated as made from employer securities in the
opposite order of the preceding sentence.''.
(5)(A) Section 4978B (relating to tax on disposition of
employer securities to which section 133 applied) is hereby
repealed.
(B) The table of sections for chapter 43 is amended by
striking the item relating to section 4978B.
(6) Subsection (e) of section 6047 is amended by striking
paragraphs (1), (2), and (3) and inserting the following new
paragraphs:
``(1) any employer maintaining, or the plan administrator
(within the meaning of section 414(g)) of, an employee stock
ownership plan which holds stock with respect to which
section 404(k) applies to dividends paid on such stock, or
``(2) both such employer or plan administrator,''.
(7) Subsection (f) of section 7872 is amended by striking
paragraph (12).
(8) The table of sections for part III of subchapter B of
chapter 1 is amended by striking the item relating to section
133.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to loans made after the date of the enactment of this
Act.
(2) Refinancings.--The amendments made by this section
shall not apply to loans made after the date of the enactment
of this Act to refinance securities acquisition loans
(determined without regard to section 133(b)(1)(B) of the
Internal Revenue Code of 1986, as in effect on the day before
the date of the enactment of this Act) made on or before such
date or to refinance loans described in this paragraph if--
(A) the refinancing loans meet the requirements of section
133 of such Code (as so in effect),
(B) immediately after the refinancing the principal amount
of the loan resulting from the refinancing does not exceed
the principal amount of the refinanced loan (immediately
before the refinancing), and
(C) the term of such refinancing loan does not extend
beyond the last day of the term of the original securities
acquisition loan.
For purposes of this paragraph, the term ``securities
acquisition loan'' includes a loan from a corporation to an
employee stock ownership plan described in section 133(b)(3)
of such Code (as so in effect).
(3) Exception.--Any loan made pursuant to a binding written
contract in effect before June 10, 1996, and at all times
thereafter before such loan is made, shall be treated for
purposes of paragraphs (1) and (2) as a loan made on or
before the date of the enactment of this Act.
SEC. 1603. CERTAIN AMOUNTS DERIVED FROM FOREIGN CORPORATIONS
TREATED AS UNRELATED BUSINESS TAXABLE INCOME.
(a) General Rule.--Subsection (b) of section 512 (relating
to modifications) is amended by adding at the end the
following new paragraph:
``(17) Treatment of certain amounts derived from foreign
corporations.--
``(A) In general.--Notwithstanding paragraph (1), any
amount included in gross income under section 951(a)(1)(A)
shall be included as an item of gross income derived from an
unrelated trade or business to the extent the amount so
included is attributable to insurance income (as defined in
section 953) which, if derived directly by the organization,
would be treated as gross income from an unrelated trade or
business. There shall be allowed all deductions directly
connected with amounts included in gross income under the
preceding sentence.
``(B) Exception.--
``(i) In general.--Subparagraph (A) shall not apply to
income attributable to a policy of insurance or reinsurance
with respect to which the person (directly or indirectly)
insured is--
``(I) such organization,
``(II) an affiliate of such organization which is exempt
from tax under section 501(a), or
``(III) a director or officer of, or an individual who
(directly or indirectly) performs services for, such
organization or affiliate but only if the insurance covers
primarily risks associated with the performance of services
in connection with such organization or affiliate.
``(ii) Affiliate.--For purposes of this subparagraph--
``(I) In general.--The determination as to whether an
entity is an affiliate of an organization shall be made under
rules similar to the rules of section 168(h)(4)(B).
``(II) Special Rule.--Two or more organizations (and any
affiliates of such organizations) shall be treated as
affiliates if such organizations are colleges or universities
described in section 170(b)(1)(A)(ii) or organizations
described in section 170(b)(1)(A)(iii) and participate in an
insurance arrangement that provides for any profits from such
arrangement to be returned to the policyholders in their
capacity as such.
``(C) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this paragraph, including regulations for the
application of this paragraph in the case of income paid
through 1 or more entities or between 2 or more chains of
entities.''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts included in gross income in any
taxable year beginning after December 31, 1995.
SEC. 1604. DEPRECIATION UNDER INCOME FORECAST METHOD.
(a) General Rule.--Section 167 (relating to depreciation)
is amended by redesignating subsection (g) as subsection (h)
and by inserting after subsection (f) the following new
subsection:
``(g) Depreciation Under Income Forecast Method.--
``(1) In general.--If the depreciation deduction allowable
under this section to any taxpayer with respect to any
property is determined under the income forecast method or
any similar method--
``(A) the income from the property to be taken into account
in determining the depreciation deduction under such method
shall be equal to the amount of income earned in connection
with the property before the close of the 10th taxable year
following the taxable year in which the property was placed
in service,
``(B) the adjusted basis of the property shall only include
amounts with respect to which the requirements of section
461(h) are satisfied,
``(C) the depreciation deduction under such method for the
10th taxable year beginning after the taxable year in which
the property was placed in service shall be equal to the
adjusted basis of such property as of the beginning of such
10th taxable year, and
``(D) such taxpayer shall pay (or be entitled to receive)
interest computed under the look-back method of paragraph (2)
for any recomputation year.
``(2) Look-back method.--The interest computed under the
look-back method of this paragraph for any recomputation year
shall be determined by--
``(A) first determining the depreciation deductions under
this section with respect to such property which would have
been allowable for prior taxable years if the determination
of the amounts so allowable had been made on the basis of the
sum of the following (instead of the estimated income from
such property)--
``(i) the actual income earned in connection with such
property for periods before the close of the recomputation
year, and
``(ii) an estimate of the future income to be earned in
connection with such property for periods after the
recomputation year and before the close of the 10th taxable
year following the taxable year in which the property was
placed in service,
``(B) second, determining (solely for purposes of computing
such interest) the overpayment or underpayment of tax for
each such prior taxable year which would result solely from
the application of subparagraph (A), and
``(C) then using the adjusted overpayment rate (as defined
in section 460(b)(7)), compounded daily, on the overpayment
or underpayment determined under subparagraph (B).
For purposes of the preceding sentence, any cost incurred
after the property is placed in
[[Page 2071]]
service (which is not treated as a separate property under
paragraph (5)) shall be taken into account by discounting
(using the Federal mid-term rate determined under section
1274(d) as of the time such cost is incurred) such cost to
its value as of the date the property is placed in service.
The taxpayer may elect with respect to any property to have
the preceding sentence not apply to such property.
``(3) Exception from look-back method.--Paragraph (1)(D)
shall not apply with respect to any property which had a cost
basis of $100,000 or less.
``(4) Recomputation year.--For purposes of this subsection,
except as provided in regulations, the term `recomputation
year' means, with respect to any property, the 3d and the
10th taxable years beginning after the taxable year in which
the property was placed in service, unless the actual income
earned in connection with the property for the period before
the close of such 3d or 10th taxable year is within 10
percent of the income earned in connection with the property
for such period which was taken into account under paragraph
(1)(A).
``(5) Special rules.--
``(A) Certain costs treated as separate property.--For
purposes of this subsection, the following costs shall be
treated as separate properties:
``(i) Any costs incurred with respect to any property after
the 10th taxable year beginning after the taxable year in
which the property was placed in service.
``(ii) Any costs incurred after the property is placed in
service and before the close of such 10th taxable year if
such costs are significant and give rise to a significant
increase in the income from the property which was not
included in the estimated income from the property.
``(B) Syndication income from television series.--In the
case of property which is 1 or more episodes in a television
series, income from syndicating such series shall not be
required to be taken into account under this subsection
before the earlier of--
``(i) the 4th taxable year beginning after the date the
first episode in such series is placed in service, or
``(ii) the earliest taxable year in which the taxpayer has
an arrangement relating to the future syndication of such
series.
``(C) Special rules for financial exploitation of
characters, etc.--For purposes of this subsection, in the
case of television and motion picture films, the income from
the property shall include income from the exploitation of
characters, designs, scripts, scores, and other incidental
income associated with such films, but only to the extent
that such income is earned in connection with the ultimate
use of such items by, or the ultimate sale of merchandise to,
persons who are not related persons (within the meaning of
section 267(b)) to the taxpayer.
``(D) Collection of interest.--For purposes of subtitle F
(other than sections 6654 and 6655), any interest required to
be paid by the taxpayer under paragraph (1) for any
recomputation year shall be treated as an increase in the tax
imposed by this chapter for such year.
``(E) Determinations.--For purposes of paragraph (2),
determinations of the amount of income earned in connection
with any property shall be made in the same manner as for
purposes of applying the income forecast method; except that
any income from the disposition of such property shall be
taken into account.
``(F) Treatment of pass-thru entities.--Rules similar to
the rules of section 460(b)(4) shall apply for purposes of
this subsection.''
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to property placed in service after September 13, 1995.
(2) Binding contracts.--The amendment made by subsection
(a) shall not apply to any property produced or acquired by
the taxpayer pursuant to a written contract which was binding
on September 13, 1995, and at all times thereafter before
such production or acquisition.
(3) Underpayments of income tax.--No addition to tax shall
be made under section 6662 of such Code as a result of the
application of subsection (d) of that section (relating to
substantial understatements of income tax) with respect to
any underpayment of income tax for any taxable year ending
before such date of enactment, to the extent such
underpayment was created or increased by the amendments made
by subsection (a).
SEC. 1605. REPEAL OF EXCLUSION FOR PUNITIVE DAMAGES AND FOR
DAMAGES NOT ATTRIBUTABLE TO PHYSICAL INJURIES
OR SICKNESS.
(a) In General.--Paragraph (2) of section 104(a) (relating
to compensation for injuries or sickness) is amended to read
as follows:
``(2) the amount of any damages (other than punitive
damages) received (whether by suit or agreement and whether
as lump sums or as periodic payments) on account of personal
physical injuries or physical sickness;''.
(b) Emotional Distress as Such Treated as Not Physical
Injury or Physical Sickness.--Section 104(a) is amended by
striking the last sentence and inserting the following new
sentence: ``For purposes of paragraph (2), emotional distress
shall not be treated as a physical injury or physical
sickness. The preceding sentence shall not apply to an amount
of damages not in excess of the amount paid for medical care
(described in subparagraph (A) or (B) of section 213(d)(1))
attributable to emotional distress.''.
(c) Application of Prior Law for States in Which Only
Punitive Damages May Be Awarded in Wrongful Death Actions.--
Section 104 is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Application of Prior Law in Certain Cases.--The
phrase `(other than punitive damages)' shall not apply to
punitive damages awarded in a civil action--
``(1) which is a wrongful death action, and
``(2) with respect to which applicable State law (as in
effect on September 13, 1995 and without regard to any
modification after such date) provides, or has been construed
to provide by a court of competent jurisdiction pursuant to a
decision issued on or before September 13, 1995, that only
punitive damages may be awarded in such an action.
This subsection shall cease to apply to any civil action
filed on or after the first date on which the applicable
State law ceases to provide (or is no longer construed to
provide) the treatment described in paragraph (2).''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to amounts
received after the date of the enactment of this Act, in
taxable years ending after such date.
(2) Exception.--The amendments made by this section shall
not apply to any amount received under a written binding
agreement, court decree, or mediation award in effect on (or
issued on or before) September 13, 1995.
SEC. 1606. REPEAL OF DIESEL FUEL TAX REBATE TO PURCHASERS OF
DIESEL-POWERED AUTOMOBILES AND LIGHT TRUCKS.
(a) In General.--Section 6427 (relating to fuels not used
for taxable purposes) is amended by striking subsection (g).
(b) Conforming Amendments.--
(1) Paragraph (3) of section 34(a) is amended to read as
follows:
``(3) under section 6427 with respect to fuels used for
nontaxable purposes or resold during the taxable year
(determined without regard to section 6427(k)).''.
(2) Paragraphs (1) and (2)(A) of section 6427(i) are each
amended--
(A) by striking ``(g),'', and
(B) by striking ``(or a qualified diesel powered highway
vehicle purchased)'' each place it appears.
(c) Effective Date.--The amendments made by this section
shall apply to vehicles purchased after the date of the
enactment of this Act.
SEC. 1607. EXTENSION AND PHASEDOWN OF LUXURY PASSENGER
AUTOMOBILE TAX.
(a) Extension.--Subsection (f) of section 4001 is amended
by striking ``1999'' and inserting ``2002''.
(b) Phasedown.--Section 4001 is amended by redesignating
subsection (f) (as amended by subsection (a) of this section)
as subsection (g) and by inserting after subsection (e) the
following new subsection:
``(f) Phasedown.--For sales occurring in calendar years
after 1995 and before 2003, subsection (a) shall be applied
by substituting for `10 percent' the percentage determined in
accordance with the following table:
``If the calendar year is: The percentage is:
1996.....................................................9 percent
1997.....................................................8 percent
1998.....................................................7 percent
1999.....................................................6 percent
2000.....................................................5 percent
2001.....................................................4 percent
2002..................................................3 percent.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to sales occurring after the date
which is 7 days after the date of the enactment of this Act.
SEC. 1608. TERMINATION OF FUTURE TAX-EXEMPT BOND FINANCING
FOR LOCAL FURNISHERS OF ELECTRICITY AND GAS.
(a) In General.--Section 142(f) (relating to local
furnishing of electric energy or gas) is amended by adding at
the end the following new paragraphs:
``(3) Termination of future financing.--For purposes of
this section, no bond may be issued as part of an issue
described in subsection (a)(8) with respect to a facility for
the local furnishing of electric energy or gas on or after
the date of the enactment of this paragraph unless--
``(A) the facility will--
``(i) be used by a person who is engaged in the local
furnishing of that energy source on January 1, 1997, and
``(ii) be used to provide service within the area served by
such person on January 1, 1997, (or within a county or city
any portion of which is within such area), or
``(B) the facility will be used by a successor in interest
to such person for the same use and within the same service
area as described in subparagraph (A).
``(4) Election to terminate tax-exempt bond financing by
certain furnishers.--
``(A) In general.--In the case of a facility financed with
bonds issued before the date of the enactment of this
paragraph which would cease to be tax-exempt by reason of the
failure to meet the local furnishing requirement of
subsection (a)(8) as a result of a service area expansion,
such bonds shall not cease to be tax-exempt bonds (and
section 150(b)(4) shall not apply) if the person engaged in
such local furnishing by such facility makes an election
described in subparagraph (B).
``(B) Election.--An election is described in this
subparagraph if it is an election made in such manner as the
Secretary prescribes, and
[[Page 2072]]
such person (or its predecessor in interest) agrees that--
``(i) such election is made with respect to all facilities
for the local furnishing of electric energy or gas, or both,
by such person,
``(ii) no bond exempt from tax under section 103 and
described in subsection (a)(8) may be issued on or after the
date of the enactment of this paragraph with respect to all
such facilities of such person,
``(iii) any expansion of the service area--
``(I) is not financed with the proceeds of any exempt
facility bond described in subsection (a)(8), and
``(II) is not treated as a nonqualifying use under the
rules of paragraph (2), and
``(iv) all outstanding bonds used to finance the facilities
for such person are redeemed not later than 6 months after
the later of--
``(I) the earliest date on which such bonds may be
redeemed, or
``(II) the date of the election.
``(C) Related persons.--For purposes of this paragraph, the
term `person' includes a group of related persons (within the
meaning of section 144(a)(3)) which includes such person.''.
(b) No Inference With Respect To Outstanding Bonds.--The
use of the term ``person'' in section 142(f)(3) of the
Internal Revenue Code of 1986, as added by subsection (a),
shall not be construed to affect the tax-exempt status of
interest on any bonds issued before the date of the enactment
of this Act.
SEC. 1609. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXCISE
TAXES.
(a) Fuel Tax.--
(1) Subparagraph (A) of section 4091(b)(3) is amended to
read as follows:
``(A) The rate of tax specified in paragraph (1) shall be
4.3 cents per gallon--
``(i) after December 31, 1995, and before the date which is
7 calendar days after the date of the enactment of the Small
Business Job Protection Act of 1996, and
``(ii) after December 31, 1996.''.
(2) Section 4081(d) is amended--
(A) by adding at the end the following new paragraph:
``(3) Aviation gasoline.--After December 31, 1996, the rate
of tax specified in subsection (a)(2)(A)(i) on aviation
gasoline shall be 4.3 cents per gallon.'', and
(B) by inserting ``(other than the tax on aviation
gasoline)'' after ``subsection (a)(2)(A)''.
(3) Section 4041(c)(5) is amended by inserting ``, and
during the period beginning on the date which is 7 calendar
days after the date of the enactment of the Small Business
Job Protection Act of 1996 and ending on December 31, 1996''
after ``December 31, 1995''.
(b) Ticket Taxes.--Sections 4261(g) and 4271(d) are each
amended by striking ``January 1, 1996'' and inserting
``January 1, 1996, and to transportation beginning on or
after the date which is 7 calendar days after the date of the
enactment of the Small Business Job Protection Act of 1996
and before January 1, 1997''.
(c) Transfers to Airport and Airway Trust Fund.--
(1) Subsection (b) of section 9502 is amended by striking
``January 1, 1996'' each place it appears and inserting
``January 1, 1997''.
(2) Paragraph (3) of section 9502(f) is amended to read as
follows:
``(3) Termination.--Notwithstanding the preceding
provisions of this subsection, the Airport and Airway Trust
Fund financing rate shall be zero with respect to--
``(A) taxes imposed after December 31, 1995, and before the
date which is 7 calendar days after the date of the enactment
of the Small Business Job Protection Act of 1996, and
``(B) taxes imposed after December 31, 1996.''.
(3) Subsection (d) of section 9502 is amended by adding at
the end the following new paragraph:
``(5) Transfers from airport and airway trust fund on
account of refunds of taxes on transportation by air.--The
Secretary of the Treasury shall pay from time to time from
the Airport and Airway Trust Fund into the general fund of
the Treasury amounts equivalent to the amounts paid after
December 31, 1995, under section 6402 (relating to authority
to make credits or refunds) or section 6415 (relating to
credits or refunds to persons who collected certain taxes) in
respect of taxes under sections 4261 and 4271.''.
(d) Excise Tax Exemption for Certain Emergency Medical
Transportation by Air Ambulance.--Subsection (f) of section
4261 (relating to imposition of tax on transportation by air)
is amended to read as follows:
``(f) Exemption for Air Ambulances Providing Certain
Emergency Medical Transportation.--No tax shall be imposed
under this section or section 4271 on any air transportation
for the purpose of providing emergency medical services--
``(1) by helicopter, or
``(2) by a fixed-wing aircraft equipped for and exclusively
dedicated to acute care emergency medical services.''.
(e) Exemption for Certain Helicopter Uses.--Subsection (e)
of section 4261 is amended by adding at the end the following
new sentence: ``In the case of helicopter transportation
described in paragraph (1), this subsection shall be applied
by treating each flight segment as a distinct flight.''.
(f) Flight-By-Flight Determination of Availability for Hire
for Affiliated Groups.--Section 4282 is amended by
redesignating subsection (b) as subsection (c) and by
inserting after subsection (a) the following new subsection:
``(b) Availability for Hire.--For purposes of subsection
(a), the determination of whether an aircraft is available
for hire by persons who are not members of an affiliated
group shall be made on a flight-by-flight basis.''
(g) Consolidation of Taxes on Aviation Gasoline.--
(1) In General.--Subparagraph (A) of section 4081(a)(2)
(relating to imposition of tax on gasoline and diesel fuel)
is amended by redesignating clause (ii) as clause (iii) and
by striking clause (i) and inserting the following:
``(i) in the case of gasoline other than aviation gasoline,
18.3 cents per gallon,
``(ii) in the case of aviation gasoline, 19.3 cents per
gallon, and''.
(2) Termination.--Subsection (d) of section 4081 is amended
by redesignating paragraph (2) as paragraph (3) and by
inserting after paragraph (1) the following new paragraph:
``(2) Aviation gasoline.--On and after January 1, 1997, the
rate specified in subsection (a)(2)(A)(ii) shall be 4.3 cents
per gallon.''
(3) Repeal of Retail Level Tax.--
(A) Subsection (c) of section 4041 is amended by striking
paragraphs (2) and (3) and by redesignating paragraphs (4)
and (5) as paragraphs (2) and (3), respectively.
(B) Paragraph (3) of section 4041(c), as redesignated by
paragraph (1), is amended by striking ``paragraphs (1) and
(2)'' and inserting ``paragraph (1)''.
(4) Conforming Amendments.--
(A) Paragraph (1) of section 4041(k) is amended by adding
``and'' at the end of subparagraph (A), by striking ``, and''
at the end of subparagraph (B) and inserting a period, and by
striking subparagraph (C).
(B) Paragraph (1) of section 4081(d) is amended by striking
``each rate of tax specified in subsection (a)(2)(A)'' and
inserting ``the rates of tax specified in clauses (i) and
(iii) of subsection (a)(2)(A)''.
(C) Sections 6421(f)(2)(A) and 9502(f)(1)(A) are each
amended by striking ``section 4041(c)(4)'' and inserting
``section 4041(c)(2)''.
(D) Paragraph (2) of section 9502(b) is amended by striking
``14 cents'' and inserting ``15 cents''.
(h) Floor Stocks Taxes on Aviation Fuel.--
(1) Imposition of tax.--In the case of aviation fuel on
which tax was imposed under section 4091 of the Internal
Revenue Code of 1986 before the tax-increase date described
in paragraph (3)(A)(i) and which is held on such date by any
person, there is hereby imposed a floor stocks tax of 17.5
cents per gallon.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation fuel on a
tax-increase date to which the tax imposed by paragraph (1)
applies shall be liable for such tax.
(B) Method of payment.--The tax imposed by paragraph (1)
shall be paid in such manner as the Secretary shall
prescribe.
(C) Time for payment.--The tax imposed by paragraph (1)
with respect to any tax-increase date shall be paid on or
before the first day of the 7th month beginning after such
tax-increase date.
(3) Definitions.--For purposes of this subsection--
(A) Tax increase date.--The term ``tax-increase date''
means the date which is 7 calendar days after the date of the
enactment of this Act.
(B) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(C) Held by a person.--Aviation fuel shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to aviation fuel held by any
person on any tax-increase date exclusively for any use for
which a credit or refund of the entire tax imposed by section
4091 of such Code is allowable for aviation fuel purchased on
or after such tax-increase date for such use.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by paragraph (1)
on aviation fuel held on any tax-increase date by any person
if the aggregate amount of aviation fuel held by such person
on such date does not exceed 2,000 gallons. The preceding
sentence shall apply only if such person submits to the
Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require
for purposes of this paragraph.
(B) Exempt fuel.--For purposes of subparagraph (A), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by paragraph (1) by reason of
paragraph (4).
(C) Controlled groups.--For purposes of this paragraph--
(i) Corporations.--
(I) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(II) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(ii) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of clause (i) shall apply to a group
[[Page 2073]]
of persons under common control where 1 or more of such
persons is not a corporation.
(6) Other law applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4091 of such Code shall, insofar as applicable and
not inconsistent with the provisions of this subsection,
apply with respect to the floor stock taxes imposed by
paragraph (1) to the same extent as if such taxes were
imposed by such section 4091.
(i) Effective Date.--The amendments made by this section
shall take effect on the 7th calendar day after the date of
the enactment of this Act, except that the amendments made by
subsection (b) shall not apply to any amount paid before such
date.
SEC. 1610. BASIS ADJUSTMENT TO PROPERTY HELD BY CORPORATION
WHERE STOCK IN CORPORATION IS REPLACEMENT
PROPERTY UNDER INVOLUNTARY CONVERSION RULES.
(a) In General.--Subsection (b) of section 1033 is amended
to read as follows:
``(b) Basis of Property Acquired Through Involuntary
Conversion.--
``(1) Conversions described in subsection (a)(1).--If the
property was acquired as the result of a compulsory or
involuntary conversion described in subsection (a)(1), the
basis shall be the same as in the case of the property so
converted--
``(A) decreased in the amount of any money received by the
taxpayer which was not expended in accordance with the
provisions of law (applicable to the year in which such
conversion was made) determining the taxable status of the
gain or loss upon such conversion, and
``(B) increased in the amount of gain or decreased in the
amount of loss to the taxpayer recognized upon such
conversion under the law applicable to the year in which such
conversion was made.
``(2) Conversions described in subsection (a)(2).--In the
case of property purchased by the taxpayer in a transaction
described in subsection (a)(2) which resulted in the
nonrecognition of any part of the gain realized as the result
of a compulsory or involuntary conversion, the basis shall be
the cost of such property decreased in the amount of the gain
not so recognized; and if the property purchased consists of
more than 1 piece of property, the basis determined under
this sentence shall be allocated to the purchased properties
in proportion to their respective costs.
``(3) Property held by corporation the stock of which is
replacement property.--
``(A) In general.--If the basis of stock in a corporation
is decreased under paragraph (2), an amount equal to such
decrease shall also be applied to reduce the basis of
property held by the corporation at the time the taxpayer
acquired control (as defined in subsection (a)(2)(E)) of such
corporation.
``(B) Limitation.--Subparagraph (A) shall not apply to the
extent that it would (but for this subparagraph) require a
reduction in the aggregate adjusted bases of the property of
the corporation below the taxpayer's adjusted basis of the
stock in the corporation (determined immediately after such
basis is decreased under paragraph (2)).
``(C) Allocation of basis reduction.--The decrease required
under subparagraph (A) shall be allocated--
``(i) first to property which is similar or related in
service or use to the converted property,
``(ii) second to depreciable property (as defined in
section 1017(b)(3)(B)) not described in clause (i), and
``(iii) then to other property.
``(D) Special rules.--
``(i) Reduction not to exceed adjusted basis of property.--
No reduction in the basis of any property under this
paragraph shall exceed the adjusted basis of such property
(determined without regard to such reduction).
``(ii) Allocation of reduction among properties.--If more
than 1 property is described in a clause of subparagraph (C),
the reduction under this paragraph shall be allocated among
such property in proportion to the adjusted bases of such
property (as so determined).''.
(b) Effective Date.--The amendment made by this section
shall apply to involuntary conversions occurring after the
date of the enactment of this Act.
SEC. 1611. TREATMENT OF CERTAIN INSURANCE CONTRACTS ON
RETIRED LIVES.
(a) General Rule.--
(1) Paragraph (2) of section 817(d) (defining variable
contract) is amended by striking ``or'' at the end of
subparagraph (A), by striking ``and'' at the end of
subparagraph (B) and inserting ``or'', and by inserting after
subparagraph (B) the following new subparagraph:
``(C) provides for funding of insurance on retired lives as
described in section 807(c)(6), and''.
(2) Paragraph (3) of section 817(d) is amended by striking
``or'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, or'', and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) in the case of funds held under a contract described
in paragraph (2)(C), the amounts paid in, or the amounts paid
out, reflect the investment return and the market value of
the segregated asset account.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1995.
SEC. 1612. TREATMENT OF MODIFIED GUARANTEED CONTRACTS.
(a) General Rule.--Subpart E of part I of subchapter L of
chapter 1 (relating to definitions and special rules) is
amended by inserting after section 817 the following new
section:
``SEC. 817A. SPECIAL RULES FOR MODIFIED GUARANTEED CONTRACTS.
``(a) Computation of Reserves.--In the case of a modified
guaranteed contract, clause (ii) of section 807(e)(1)(A)
shall not apply.
``(b) Segregated Assets Under Modified Guaranteed Contracts
Marked to Market.--
``(1) In general.--In the case of any life insurance
company, for purposes of this subtitle--
``(A) Any gain or loss with respect to a segregated asset
shall be treated as ordinary income or loss, as the case may
be.
``(B) If any segregated asset is held by such company as of
the close of any taxable year--
``(i) such company shall recognize gain or loss as if such
asset were sold for its fair market value on the last
business day of such taxable year, and
``(ii) any such gain or loss shall be taken into account
for such taxable year.
Proper adjustment shall be made in the amount of any gain or
loss subsequently realized for gain or loss taken into
account under the preceding sentence. The Secretary may
provide by regulations for the application of this
subparagraph at times other than the times provided in this
subparagraph.
``(2) Segregated asset.--For purposes of paragraph (1), the
term `segregated asset' means any asset held as part of a
segregated account referred to in subsection (d)(1) under a
modified guaranteed contract.
``(c) Special Rule in Computing Life Insurance Reserves.--
For purposes of applying section 816(b)(1)(A) to any modified
guaranteed contract, an assumed rate of interest shall
include a rate of interest determined, from time to time,
with reference to a market rate of interest.
``(d) Modified Guaranteed Contract Defined.--For purposes
of this section, the term `modified guaranteed contract'
means a contract not described in section 817--
``(1) all or part of the amounts received under which are
allocated to an account which, pursuant to State law or
regulation, is segregated from the general asset accounts of
the company and is valued from time to time with reference to
market values,
``(2) which--
``(A) provides for the payment of annuities,
``(B) is a life insurance contract, or
``(C) is a pension plan contract which is not a life,
accident, or health, property, casualty, or liability
contract,
``(3) for which reserves are valued at market for annual
statement purposes, and
``(4) which provides for a net surrender value or a
policyholder's fund (as defined in section 807(e)(1)).
If only a portion of a contract is not described in section
817, such portion shall be treated for purposes of this
section as a separate contract.
``(e) Regulations.--The Secretary may prescribe
regulations--
``(1) to provide for the treatment of market value
adjustments under sections 72, 7702, 7702A, and 807(e)(1)(B),
``(2) to determine the interest rates applicable under
sections 807(c)(3), 807(d)(2)(B), and 812 with respect to a
modified guaranteed contract annually, in a manner
appropriate for modified guaranteed contracts and, to the
extent appropriate for such a contract, to modify or waive
the applicability of section 811(d),
``(3) to provide rules to limit ordinary gain or loss
treatment to assets constituting reserves for modified
guaranteed contracts (and not other assets) of the company,
``(4) to provide appropriate treatment of transfers of
assets to and from the segregated account, and
``(5) as may be necessary or appropriate to carry out the
purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart
E of part I of subchapter L of chapter 1 is amended by
inserting after the item relating to section 817 the
following new item:
``Sec. 817A. Special rules for modified guaranteed contracts.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
(2) Treatment of net adjustments.--Except as provided in
paragraph (3), in the case of any taxpayer required by the
amendments made by this section to change its calculation of
reserves to take into account market value adjustments and to
mark segregated assets to market for any taxable year--
(A) such changes shall be treated as a change in method of
accounting initiated by the taxpayer,
(B) such changes shall be treated as made with the consent
of the Secretary, and
(C) the adjustments required by reason of section 481 of
the Internal Revenue Code of 1986, shall be taken into
account as ordinary income by the taxpayer for the taxpayer's
first taxable year beginning after December 31, 1995.
(3) Limitation on loss recognition and on deduction for
reserve increases.--
(A) Limitation on loss recognition.--
(i) In general.--The aggregate loss recognized by reason of
the application of section 481 of the Internal Revenue Code
of 1986 with respect to section 817A(b) of such Code (as
[[Page 2074]]
added by this section) for the first taxable year of the
taxpayer beginning after December 31, 1995, shall not exceed
the amount included in the taxpayer's gross income for such
year by reason of the excess (if any) of--
(I) the amount of life insurance reserves as of the close
of the prior taxable year, over
(II) the amount of such reserves as of the beginning of
such first taxable year,
to the extent such excess is attributable to subsection (a)
of such section 817A. Notwithstanding the preceding sentence,
the adjusted basis of each segregated asset shall be
determined as if all such losses were recognized.
(ii) Disallowed loss allowed over period.--The amount of
the loss which is not allowed under clause (i) shall be
allowed ratably over the period of 7 taxable years beginning
with the taxpayer's first taxable year beginning after
December 31, 1995.
(B) Limitation on deduction for increase in reserves.--
(i) In general.--The deduction allowed for the first
taxable year of the taxpayer beginning after December 31,
1995, by reason of the application of section 481 of such
Code with respect to section 817A(a) of such Code (as added
by this section) shall not exceed the aggregate built-in gain
recognized by reason of the application of such section 481
with respect to section 817A(b) of such Code (as added by
this section) for such first taxable year.
(ii) Disallowed deduction allowed over period.--The amount
of the deduction which is disallowed under clause (i) shall
be allowed ratably over the period of 7 taxable years
beginning with the taxpayer's first taxable year beginning
after December 31, 1995.
(iii) Built-in gain.--For purposes of this subparagraph,
the built-in gain on an asset is the amount equal to the
excess of--
(I) the fair market value of the asset as of the beginning
of the first taxable year of the taxpayer beginning after
December 31, 1995, over
(II) the adjusted basis of such asset as of such time.
SEC. 1613. TREATMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION.
(a) Treatment of Contributions in Aid of Construction.--
(1) In general.--Section 118 (relating to contributions to
the capital of a corporation) is amended--
(A) by redesignating subsection (c) as subsection (e), and
(B) by inserting after subsection (b) the following new
subsections:
``(c) Special Rules for Water and Sewerage Disposal
Utilities.--
``(1) General rule.--For purposes of this section, the term
`contribution to the capital of the taxpayer' includes any
amount of money or other property received from any person
(whether or not a shareholder) by a regulated public utility
which provides water or sewerage disposal services if--
``(A) such amount is a contribution in aid of construction,
``(B) in the case of contribution of property other than
water or sewerage disposal facilities, such amount meets the
requirements of the expenditure rule of paragraph (2), and
``(C) such amount (or any property acquired or constructed
with such amount) is not included in the taxpayer's rate base
for ratemaking purposes.
``(2) Expenditure rule.--An amount meets the requirements
of this paragraph if--
``(A) an amount equal to such amount is expended for the
acquisition or construction of tangible property described in
section 1231(b)--
``(i) which is the property for which the contribution was
made or is of the same type as such property, and
``(ii) which is used predominantly in the trade or business
of furnishing water or sewerage disposal services,
``(B) the expenditure referred to in subparagraph (A)
occurs before the end of the second taxable year after the
year in which such amount was received, and
``(C) accurate records are kept of the amounts contributed
and expenditures made, the expenditures to which
contributions are allocated, and the year in which the
contributions and expenditures are received and made.
``(3) Definitions.--For purposes of this subsection--
``(A) Contribution in aid of construction.--The term
`contribution in aid of construction' shall be defined by
regulations prescribed by the Secretary, except that such
term shall not include amounts paid as service charges for
starting or stopping services.
``(B) Predominantly.--The term `predominantly' means 80
percent or more.
``(C) Regulated public utility.--The term `regulated public
utility' has the meaning given such term by section
7701(a)(33), except that such term shall not include any
utility which is not required to provide water or sewerage
disposal services to members of the general public in its
service area.
``(4) Disallowance of deductions and credits; adjusted
basis.--Notwithstanding any other provision of this subtitle,
no deduction or credit shall be allowed for, or by reason of,
any expenditure which constitutes a contribution in aid of
construction to which this subsection applies. The adjusted
basis of any property acquired with contributions in aid of
construction to which this subsection applies shall be zero.
``(d) Statute of Limitations.--If the taxpayer for any
taxable year treats an amount as a contribution to the
capital of the taxpayer described in subsection (c), then--
``(1) the statutory period for the assessment of any
deficiency attributable to any part of such amount shall not
expire before the expiration of 3 years from the date the
Secretary is notified by the taxpayer (in such manner as the
Secretary may prescribe) of--
``(A) the amount of the expenditure referred to in
subparagraph (A) of subsection (c)(2),
``(B) the taxpayer's intention not to make the expenditures
referred to in such subparagraph, or
``(C) a failure to make such expenditure within the period
described in subparagraph (B) of subsection (c)(2), and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.''.
(2) Conforming amendment.--Section 118(b) is amended by
inserting ``except as provided in subsection (c),'' before
``the term''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts received after June 12, 1996.
(b) Recovery Method and Period for Water Utility
Property.--
(1) Requirement to use straight line method.--Section
168(b)(3) is amended by adding at the end the following new
subparagraph:
``(F) Water utility property described in subsection
(e)(5).''.
(2) 25-year recovery period.--The table contained in
section 168(c)(1) is amended by inserting the following item
after the item relating to 20-year property:
``Water utility property................................25 years''.....
(3) Water utility property.--
(A) In general.--Section 168(e) is amended by adding at the
end the following new paragraph:
``(5) Water utility property.--The term `water utility
property' means property--
``(A) which is an integral part of the gathering,
treatment, or commercial distribution of water, and which,
without regard to this paragraph, would be 20-year property,
and
``(B) any municipal sewer.''.
(B) Conforming amendments.--Section 168 is amended--
(i) by striking subparagraph (F) of subsection (e)(3), and
(ii) by striking the item relating to subparagraph (F) in
the table in subsection (g)(3).
(4) Alternative system.--Clause (iv) of section
168(g)(2)(C) is amended by inserting ``or water utility
property'' after ``tunnel bore''.
(5) Effective date.--The amendments made by this subsection
shall apply to property placed in service after June 12,
1996, other than property placed in service pursuant to a
binding contract in effect before June 10, 1996, and at all
times thereafter before the property is placed in service.
SEC. 1614. ELECTION TO CEASE STATUS AS QUALIFIED SCHOLARSHIP
FUNDING CORPORATION.
(a) In General.--Subsection (d) of section 150 (relating to
definitions and special rules) is amended by adding at the
end the following new paragraph:
``(3) Election to cease status as qualified scholarship
funding corporation.--
``(A) In general.--Any qualified scholarship funding bond,
and qualified student loan bond, outstanding on the date of
the issuer's election under this paragraph (and any bond (or
series of bonds) issued to refund such a bond) shall not fail
to be a tax-exempt bond solely because the issuer ceases to
be described in subparagraphs (A) and (B) of paragraph (2) if
the issuer meets the requirements of subparagraphs (B) and
(C) of this paragraph.
``(B) Assets and liabilities of issuer transferred to
taxable subsidiary.--The requirements of this subparagraph
are met by an issuer if--
``(i) all of the student loan notes of the issuer and other
assets pledged to secure the repayment of qualified
scholarship funding bond indebtedness of the issuer are
transferred to another corporation within a reasonable period
after the election is made under this paragraph;
``(ii) such transferee corporation assumes or otherwise
provides for the payment of all of the qualified scholarship
funding bond indebtedness of the issuer within a reasonable
period after the election is made under this paragraph;
``(iii) to the extent permitted by law, such transferee
corporation assumes all of the responsibilities, and succeeds
to all of the rights, of the issuer under the issuer's
agreements with the Secretary of Education in respect of
student loans;
``(iv) immediately after such transfer, the issuer,
together with any other issuer which has made an election
under this paragraph in respect of such transferee, hold all
of the senior stock in such transferee corporation; and
``(v) such transferee corporation is not exempt from tax
under this chapter.
``(C) Issuer to operate as independent organization
described in section 501(c)(3).--The requirements of this
subparagraph are met by an issuer if, within a reasonable
period after the transfer referred to in subparagraph (B)--
[[Page 2075]]
``(i) the issuer is described in section 501(c)(3) and
exempt from tax under section 501(a);
``(ii) the issuer no longer is described in subparagraphs
(A) and (B) of paragraph (2); and
``(iii) at least 80 percent of the members of the board of
directors of the issuer are independent members.
``(D) Senior stock.--For purposes of this paragraph, the
term `senior stock' means stock--
``(i) which participates pro rata and fully in the equity
value of the corporation with all other common stock of the
corporation but which has the right to payment of liquidation
proceeds prior to payment of liquidation proceeds in respect
of other common stock of the corporation;
``(ii) which has a fixed right upon liquidation and upon
redemption to an amount equal to the greater of--
``(I) the fair market value of such stock on the date of
liquidation or redemption (whichever is applicable); or
``(II) the fair market value of all assets transferred in
exchange for such stock and reduced by the amount of all
liabilities of the corporation which has made an election
under this paragraph assumed by the transferee corporation in
such transfer;
``(iii) the holder of which has the right to require the
transferee corporation to redeem on a date that is not later
than 10 years after the date on which an election under this
paragraph was made and pursuant to such election such stock
was issued; and
``(iv) in respect of which, during the time such stock is
outstanding, there is not outstanding any equity interest in
the corporation having any liquidation, redemption or
dividend rights in the corporation which are superior to
those of such stock.
``(E) Independent member.--The term `independent member'
means a member of the board of directors of the issuer who
(except for services as a member of such board) receives no
compensation directly or indirectly--
``(i) for services performed in connection with such
transferee corporation, or
``(ii) for services as a member of the board of directors
or as an officer of such transferee corporation.
For purposes of clause (ii), the term `officer' includes any
individual having powers or responsibilities similar to those
of officers.
``(F) Coordination with certain private foundation taxes.--
For purposes of sections 4942 (relating to the excise tax on
a failure to distribute income) and 4943 (relating to the
excise tax on excess business holdings), the transferee
corporation referred to in subparagraph (B) shall be treated
as a functionally related business (within the meaning of
section 4942(j)(4)) with respect to the issuer during the
period commencing with the date on which an election is made
under this paragraph and ending on the date that is the
earlier of--
``(i) the last day of the last taxable year for which more
than 50 percent of the gross income of such transferee
corporation is derived from, or more than 50 percent of the
assets (by value) of such transferee corporation consists of,
student loan notes incurred under the Higher Education Act of
1965; or
``(ii) the last day of the taxable year of the issuer
during which occurs the date which is 10 years after the date
on which the election under this paragraph is made.
``(G) Election.--An election under this paragraph may be
revoked only with the consent of the Secretary.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 1615. CERTAIN TAX BENEFITS DENIED TO INDIVIDUALS FAILING
TO PROVIDE TAXPAYER IDENTIFICATION NUMBERS.
(a) Personal Exemption.--
(1) In general.--Section 151 (relating to allowance of
deductions for personal exemptions) is amended by adding at
the end the following new subsection:
``(e) Identifying Information Required.--No exemption shall
be allowed under this section with respect to any individual
unless the TIN of such individual is included on the return
claiming the exemption.''.
(2) Conforming amendments.--
(A) Subsection (e) of section 6109 is repealed.
(B) Section 6724(d)(3) is amended by adding ``and'' at the
end of subparagraph (C), by striking subparagraph (D), and by
redesignating subparagraph (E) as subparagraph (D).
(b) Dependent Care Credit.--Subsection (e) of section 21
(relating to expenses for household and dependent care
services necessary for gainful employment) is amended by
adding at the end the following new paragraph:
``(10) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under
this section with respect to any qualifying individual unless
the TIN of such individual is included on the return claiming
the credit.''.
(c) Extension of Procedures Applicable to Mathematical or
Clerical Errors.--Section 6213(g)(2) (relating to the
definition of mathematical or clerical errors), as amended by
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, is amended by striking ``and' at
the end of subparagraph (F), by striking the period at the
end of subparagraph (G) and inserting ``, and'', and by
inserting at the end the following new subparagraph:
``(H) an omission of a correct TIN required under section
21 (relating to expenses for household and dependent care
services necessary for gainful employment) or section 151
(relating to allowance of deductions for personal
exemptions).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to returns the due date for which (without
regard to extensions) is on or after the 30th day after the
date of the enactment of this Act.
(2) Special rule for 1995 and 1996.--In the case of returns
for taxable years beginning in 1995 or 1996, a taxpayer shall
not be required by the amendments made by this section to
provide a taxpayer identification number for a child who is
born after October 31, 1995, in the case of a taxable year
beginning in 1995 or November 30, 1996, in the case of a
taxable year beginning in 1996.
SEC. 1616. REPEAL OF BAD DEBT RESERVE METHOD FOR THRIFT
SAVINGS ASSOCIATIONS.
(a) In General.--Section 593 (relating to reserves for
losses on loans) is amended by adding at the end the
following new subsections:
``(f) Termination of Reserve Method.--Subsections (a), (b),
(c), and (d) shall not apply to any taxable year beginning
after December 31, 1995.
``(g) 6-Year Spread of Adjustments.--
``(1) In general.--In the case of any taxpayer who is
required by reason of subsection (f) to change its method of
computing reserves for bad debts--
``(A) such change shall be treated as a change in a method
of accounting,
``(B) such change shall be treated as initiated by the
taxpayer and as having been made with the consent of the
Secretary, and
``(C) the net amount of the adjustments required to be
taken into account by the taxpayer under section 481(a)--
``(i) shall be determined by taking into account only
applicable excess reserves, and
``(ii) as so determined, shall be taken into account
ratably over the 6-taxable year period beginning with the
first taxable year beginning after December 31, 1995.
``(2) Applicable excess reserves.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable excess reserves' means the excess (if any) of--
``(i) the balance of the reserves described in subsection
(c)(1) (other than the supplemental reserve) as of the close
of the taxpayer's last taxable year beginning before January
1, 1996, over
``(ii) the lesser of--
``(I) the balance of such reserves as of the close of the
taxpayer's last taxable year beginning before January 1,
1988, or
``(II) the balance of the reserves described in subclause
(I), reduced in the same manner as under section
585(b)(2)(B)(ii) on the basis of the taxable years described
in clause (i) and this clause.
``(B) Special rule for thrifts which become small banks.--
In the case of a bank (as defined in section 581) which was
not a large bank (as defined in section 585(c)(2)) for its
first taxable year beginning after December 31, 1995--
``(i) the balance taken into account under subparagraph
(A)(ii) shall not be less than the amount which would be the
balance of such reserves as of the close of its last taxable
year beginning before such date if the additions to such
reserves for all taxable years had been determined under
section 585(b)(2)(A), and
``(ii) the opening balance of the reserve for bad debts as
of the beginning of such first taxable year shall be the
balance taken into account under subparagraph (A)(ii)
(determined after the application of clause (i) of this
subparagraph).
The preceding sentence shall not apply for purposes of
paragraphs (5) and (6) or subsection (e)(1).
``(3) Recapture of pre-1988 reserves where taxpayer ceases
to be bank.--If, during any taxable year beginning after
December 31, 1995, a taxpayer to which paragraph (1) applied
is not a bank (as defined in section 581), paragraph (1)
shall apply to the reserves described in paragraph (2)(A)(ii)
and the supplemental reserve; except that such reserves shall
be taken into account ratably over the 6-taxable year period
beginning with such taxable year.
``(4) Suspension of recapture if residential loan
requirement met.--
``(A) In general.--In the case of a bank which meets the
residential loan requirement of subparagraph (B) for the
first taxable year beginning after December 31, 1995, or for
the following taxable year--
``(i) no adjustment shall be taken into account under
paragraph (1) for such taxable year, and
``(ii) such taxable year shall be disregarded in
determining--
``(I) whether any other taxable year is a taxable year for
which an adjustment is required to be taken into account
under paragraph (1), and
``(II) the amount of such adjustment.
``(B) Residential loan requirement.--A taxpayer meets the
residential loan requirement of this subparagraph for any
taxable year if the principal amount of the residential loans
made by the taxpayer during such year is not less than the
base amount for such year.
``(C) Residential loan.--For purposes of this paragraph,
the term `residential loan' means any loan described in
clause (v) of section 7701(a)(19)(C) but only if such loan is
incurred in acquiring, constructing, or improving the
property described in such clause.
[[Page 2076]]
``(D) Base amount.--For purposes of subparagraph (B), the
base amount is the average of the principal amounts of the
residential loans made by the taxpayer during the 6 most
recent taxable years beginning on or before December 31,
1995. At the election of the taxpayer who made such loans
during each of such 6 taxable years, the preceding sentence
shall be applied without regard to the taxable year in which
such principal amount was the highest and the taxable year in
such principal amount was the lowest. Such an election may be
made only for the first taxable year beginning after such
date, and, if made for such taxable year, shall apply to the
succeeding taxable year unless revoked with the consent of
the Secretary.
``(E) Controlled groups.--In the case of a taxpayer which
is a member of any controlled group of corporations described
in section 1563(a)(1), subparagraph (B) shall be applied with
respect to such group.
``(5) Continued application of fresh start under section
585 transitional rules.--In the case of a taxpayer to which
paragraph (1) applied and which was not a large bank (as
defined in section 585(c)(2)) for its first taxable year
beginning after December 31, 1995:
``(A) In general.--For purposes of determining the net
amount of adjustments referred to in section
585(c)(3)(A)(iii), there shall be taken into account only the
excess (if any) of the reserve for bad debts as of the close
of the last taxable year before the disqualification year
over the balance taken into account by such taxpayer under
paragraph (2)(A)(ii) of this subsection.
``(B) Treatment under elective cut-off method.--For
purposes of applying section 585(c)(4)--
``(i) the balance of the reserve taken into account under
subparagraph (B) thereof shall be reduced by the balance
taken into account by such taxpayer under paragraph
(2)(A)(ii) of this subsection, and
``(ii) no amount shall be includible in gross income by
reason of such reduction.
``(6) Suspended reserve included as section 381(c) items.--
The balance taken into account by a taxpayer under paragraph
(2)(A)(ii) of this subsection and the supplemental reserve
shall be treated as items described in section 381(c).
``(7) Conversions to credit unions.--In the case of a
taxpayer to which paragraph (1) applied which becomes a
credit union described in section 501(c) and exempt from
taxation under section 501(a)--
``(A) any amount required to be included in the gross
income of the credit union by reason of this subsection shall
be treated as derived from an unrelated trade or business (as
defined in section 513), and
``(B) for purposes of paragraph (3), the credit union shall
not be treated as if it were a bank.
``(8) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subsection
and subsection (e), including regulations providing for the
application of such subsections in the case of acquisitions,
mergers, spin-offs, and other reorganizations.''
(b) Conforming Amendments.--
(1) Subsection (d) of section 50 is amended by adding at
the end the following new sentence:
``Paragraphs (1)(A), (2)(A), and (4) of the section 46(e)
referred to in paragraph (1) of this subsection shall not
apply to any taxable year beginning after December 31,
1995.''
(2) Subsection (e) of section 52 is amended by striking
paragraph (1) and by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(3) Subsection (a) of section 57 is amended by striking
paragraph (4).
(4) Section 246 is amended by striking subsection (f).
(5) Clause (i) of section 291(e)(1)(B) is amended by
striking ``or to which section 593 applies''.
(6) Subparagraph (A) of section 585(a)(2) is amended by
striking ``other than an organization to which section 593
applies''.
(7)(A) The material preceding subparagraph (A) of section
593(e)(1) is amended by striking ``by a domestic building and
loan association or an institution that is treated as a
mutual savings bank under section 591(b)'' and inserting ``by
a taxpayer having a balance described in subsection
(g)(2)(A)(ii)''.
(B) Subparagraph (B) of section 593(e)(1) is amended to
read as follows:
``(B) then out of the balance taken into account under
subsection (g)(2)(A)(ii) (properly adjusted for amounts
charged against such reserves for taxable years beginning
after December 31, 1987),''.
(C) The second sentence of section 593(e)(1) is amended by
striking ``the association or an institution that is treated
as a mutual savings bank under section 591(b)'' and inserting
``a taxpayer having a balance described in subsection
(g)(2)(A)(ii)''.
(D) The third sentence of section 593(e)(1) is amended by
striking ``an association'' and inserting ``a taxpayer having
a balance described in subsection (g)(2)(A)(ii)''.
(E) Paragraph (1) of section 593(e) is amended by adding at
the end the following new sentence: ``This paragraph shall
not apply to any distribution of all of the stock of a bank
(as defined in section 581) to another corporation if,
immediately after the distribution, such bank and such other
corporation are members of the same affiliated group (as
defined in section 1504) and the provisions of section 5(e)
of the Federal Deposit Insurance Act (as in effect on
December 31, 1995) or similar provisions are in effect.''
(8) Section 595 is hereby repealed.
(9) Section 596 is hereby repealed.
(10) Subsection (a) of section 860E is amended--
(A) by striking ``Except as provided in paragraph (2),
the'' in paragraph (1) and inserting ``The'',
(B) by striking paragraphs (2) and (4) and redesignating
paragraphs (3), (5), and (6) as paragraphs (2), (3), and (4),
respectively,
(C) by striking in paragraph (2) (as so redesignated) all
that follows ``subsection'' and inserting a period, and
(D) by striking the last sentence of paragraph (4) (as so
redesignated).
(11) Paragraph (3) of section 992(d) is amended by striking
``or 593''.
(12) Section 1038 is amended by striking subsection (f).
(13) Clause (ii) of section 1042(c)(4)(B) is amended by
striking ``or 593''.
(14) Subsection (c) of section 1277 is amended by striking
``or to which section 593 applies''.
(15) Subparagraph (B) of section 1361(b)(2) is amended by
striking ``or to which section 593 applies''.
(16) The table of sections for part II of subchapter H of
chapter 1 is amended by striking the items relating to
sections 595 and 596.
(c) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning after December 31, 1995.
(2) Subsection (b)(7)(B).--The amendments made by
subsection (b)(7)(B) shall not apply to any distribution with
respect to preferred stock if--
(A) such stock is outstanding at all times after October
31, 1995, and before the distribution, and
(B) such distribution is made before the date which is 1
year after the date of the enactment of this Act (or, in the
case of stock which may be redeemed, if later, the date which
is 30 days after the earliest date that such stock may be
redeemed).
(3) Subsection (b)(8).--The amendment made by subsection
(b)(8) shall apply to property acquired in taxable years
beginning after December 31, 1995.
(4) Subsection (b)(10).--The amendments made by subsection
(b)(10) shall not apply to any residual interest held by a
taxpayer if such interest has been held by such taxpayer at
all times after October 31, 1995.
SEC. 1617. EXCLUSION FOR ENERGY CONSERVATION SUBSIDIES
LIMITED TO SUBSIDIES WITH RESPECT TO DWELLING
UNITS.
(a) In General.--Paragraph (1) of section 136(c) (defining
energy conservation measure) is amended by striking ``energy
demand--'' and all that follows and inserting ``energy demand
with respect to a dwelling unit.''
(b) Conforming Amendments.--
(1) Subsection (a) of section 136 is amended to read as
follows:
``(a) Exclusion.--Gross income shall not include the value
of any subsidy provided (directly or indirectly) by a public
utility to a customer for the purchase or installation of any
energy conservation measure.''
(2) Paragraph (2) of section 136(c) is amended--
(A) by striking subparagraph (A) and by redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively, and
(B) by striking ``and special rules'' in the paragraph
heading.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received after December 31, 1996,
unless received pursuant to a written binding contract in
effect on September 13, 1995, and at all times thereafter.
PART II--FINANCIAL ASSET SECURITIZATION INVESTMENTS
SEC. 1621. FINANCIAL ASSET SECURITIZATION INVESTMENT TRUSTS.
(a) In General.--Subchapter M of chapter 1 is amended by
adding at the end the following new part:
``PART V--FINANCIAL ASSET SECURITIZATION INVESTMENT TRUSTS
``Sec. 860H. Taxation of a FASIT; other general rules.
``Sec. 860I. Gain recognition on contributions to a FASIT and in other
cases.
``Sec. 860J. Non-FASIT losses not to offset certain FASIT inclusions.
``Sec. 860K. Treatment of transfers of high-yield interests to
disqualified holders.
``Sec. 860L. Definitions and other special rules.
``SEC. 860H. TAXATION OF A FASIT; OTHER GENERAL RULES.
``(a) Taxation of FASIT.--A FASIT as such shall not be
subject to taxation under this subtitle (and shall not be
treated as a trust, partnership, corporation, or taxable
mortgage pool).
``(b) Taxation of Holder of Ownership Interest.--In
determining the taxable income of the holder of the ownership
interest in a FASIT--
``(1) all assets, liabilities, and items of income, gain,
deduction, loss, and credit of a FASIT shall be treated as
assets, liabilities, and such items (as the case may be) of
such holder,
``(2) the constant yield method (including the rules of
section 1272(a)(6)) shall be applied under an accrual method
of accounting in determining all interest, acquisition
discount, original issue discount, and market discount and
all premium deductions or adjustments with respect to each
debt instrument of the FASIT,
[[Page 2077]]
``(3) there shall not be taken into account any item of
income, gain, or deduction allocable to a prohibited
transaction, and
``(4) interest accrued by the FASIT which is exempt from
tax imposed by this subtitle shall, when taken into account
by such holder, be treated as ordinary income.
``(c) Treatment of Regular Interests.--For purposes of this
title--
``(1) a regular interest in a FASIT, if not otherwise a
debt instrument, shall be treated as a debt instrument,
``(2) section 163(e)(5) shall not apply to such an
interest, and
``(3) amounts includible in gross income with respect to
such an interest shall be determined under an accrual method
of accounting.
``SEC. 860I. GAIN RECOGNITION ON CONTRIBUTIONS TO A FASIT AND
IN OTHER CASES.
``(a) Treatment of Property Acquired by FASIT.--
``(1) Property acquired from holder of ownership interest
or related person.--If property is sold or contributed to a
FASIT by the holder of the ownership interest in such FASIT
(or by a related person) gain (if any) shall be recognized to
such holder (or person) in an amount equal to the excess (if
any) of such property's value under subsection (d) on the
date of such sale or contribution over its adjusted basis on
such date.
``(2) Property acquired other than from holder of ownership
interest or related person.--Property which is acquired by a
FASIT other than in a transaction to which paragraph (1)
applies shall be treated--
``(A) as having been acquired by the holder of the
ownership interest in the FASIT for an amount equal to the
FASIT's cost of acquiring such property, and
``(B) as having been sold by such holder to the FASIT at
its value under subsection (d) on such date.
``(b) Gain Recognition on Property Outside FASIT Which
Supports Regular Interests.--If property held by the holder
of the ownership interest in a FASIT (or by any person
related to such holder) supports any regular interest in such
FASIT--
``(1) gain shall be recognized to such holder (or person)
in the same manner as if such holder (or person) had sold
such property at its value under subsection (d) on the
earliest date such property supports such an interest, and
``(2) such property shall be treated as held by such FASIT
for purposes of this part.
``(c) Deferral of Gain Recognition.--The Secretary may
prescribe regulations which--
``(1) provide that gain otherwise recognized under
subsection (a) or (b) shall not be recognized before the
earliest date on which such property supports any regular
interest in such FASIT or any indebtedness of the holder of
the ownership interest (or of any person related to such
holder), and
``(2) provide such adjustments to the other provisions of
this part to the extent appropriate in the context of the
treatment provided under paragraph (1).
``(d) Valuation.--For purposes of this section--
``(1) In general.--The value of any property under this
subsection shall be--
``(A) in the case of a debt instrument which is not traded
on an established securities market, the sum of the present
values of the reasonably expected payments under such
instrument determined (in the manner provided by regulations
prescribed by the Secretary)--
``(i) as of the date of the event resulting in the gain
recognition under this section, and
``(ii) by using a discount rate equal to 120 percent of the
applicable Federal rate (as defined in section 1274(d)), or
such other discount rate specified in such regulations,
compounded semiannually, and
``(B) in the case of any other property, its fair market
value.
``(2) Special rule for revolving loan accounts.--For
purposes of paragraph (1)--
``(A) each extension of credit (other than the accrual of
interest) on a revolving loan account shall be treated as a
separate debt instrument, and
``(B) payments on such extensions of credit having
substantially the same terms shall be applied to such
extensions beginning with the earliest such extension.
``(e) Special Rules.--
``(1) Nonrecognition rules not to apply.--Gain required to
be recognized under this section shall be recognized
notwithstanding any other provision of this subtitle.
``(2) Basis adjustments.--The basis of any property on
which gain is recognized under this section shall be
increased by the amount of gain so recognized.
``SEC. 860J. NON-FASIT LOSSES NOT TO OFFSET CERTAIN FASIT
INCLUSIONS.
``(a) In General.--The taxable income of the holder of the
ownership interest or any high-yield interest in a FASIT for
any taxable year shall in no event be less than the sum of--
``(1) such holder's taxable income determined solely with
respect to such interests (including gains and losses from
sales and exchanges of such interests), and
``(2) the excess inclusion (if any) under section
860E(a)(1) for such taxable year.
``(b) Coordination With Section 172.--Any increase in the
taxable income of any holder of the ownership interest or a
high-yield interest in a FASIT for any taxable year by reason
of subsection (a) shall be disregarded--
``(1) in determining under section 172 the amount of any
net operating loss for such taxable year, and
``(2) in determining taxable income for such taxable year
for purposes of the 2nd sentence of section 172(b)(2).
``(c) Coordination With Minimum Tax.--For purposes of part
VI of subchapter A of this chapter--
``(1) the reference in section 55(b)(2) to taxable income
shall be treated as a reference to taxable income determined
without regard to this section,
``(2) the alternative minimum taxable income of any holder
of the ownership interest or a high-yield interest in a FASIT
for any taxable year shall in no event be less than such
holder's taxable income determined solely with respect to
such interests, and
``(3) any increase in taxable income under this section
shall be disregarded for purposes of computing the
alternative tax net operating loss deduction.
``(d) Affiliated Groups.--All members of an affiliated
group filing a consolidated return shall be treated as 1
taxpayer for purposes of this section.
``SEC. 860K. TREATMENT OF TRANSFERS OF HIGH-YIELD INTERESTS
TO DISQUALIFIED HOLDERS.
``(a) General Rule.--In the case of any high-yield interest
which is held by a disqualified holder--
``(1) the gross income of such holder shall not include any
income (other than gain) attributable to such interest, and
``(2) amounts not includible in the gross income of such
holder by reason of paragraph (1) shall be included (at the
time otherwise includible under paragraph (1)) in the gross
income of the most recent holder of such interest which is
not a disqualified holder.
``(b) Exceptions.--Rules similar to the rules of paragraphs
(4) and (7) of section 860E(e) shall apply to the tax imposed
by reason of the inclusion in gross income under subsection
(a).
``(c) Disqualified Holder.--For purposes of this section,
the term `disqualified holder' means any holder other than--
``(1) an eligible corporation (as defined in section
860L(a)(2)), or
``(2) a FASIT.
``(d) Treatment of Interests Held By Securities Dealers.--
``(1) In general.--Subsection (a) shall not apply to any
high-yield interest held by a disqualified holder if such
holder is a dealer in securities who acquired such interest
exclusively for sale to customers in the ordinary course of
business (and not for investment).
``(2) Change in dealer status.--
``(A) In general.--In the case of a dealer in securities
which is not an eligible corporation (as defined in section
860L(a)(2)), if--
``(i) such dealer ceases to be a dealer in securities, or
``(ii) such dealer commences holding the high-yield
interest for investment,
there is hereby imposed (in addition to other taxes) an
excise tax equal to the product of the highest rate of tax
specified in section 11(b)(1) and the income of such dealer
attributable to such interest for periods after the date of
such cessation or commencement.
``(B) Holding for 31 days or less.--For purposes of
subparagraph (A)(ii), a dealer shall not be treated as
holding an interest for investment before the 32d day after
the date such dealer acquired such interest unless such
interest is so held as part of a plan to avoid the purposes
of this paragraph.
``(C) Administrative provisions.--The deficiency procedures
of subtitle F shall apply to the tax imposed by this
paragraph.
``(e) Treatment of High-Yield Interests in Pass-Thru
Entities.--
``(1) In general.--If a pass-thru entity (as defined in
section 860E(e)(6)) issues a debt or equity interest--
``(A) which is supported by any regular interest in a
FASIT, and
``(B) which has an original yield to maturity which is
greater than each of--
``(i) the sum determined under clauses (i) and (ii) of
section 163(i)(1)(B) with respect to such debt or equity
interest, and
``(ii) the yield to maturity to such entity on such regular
interest (determined as of the date such entity acquired such
interest),
there is hereby imposed on the pass-thru entity a tax (in
addition to other taxes) equal to the product of the highest
rate of tax specified in section 11(b)(1) and the income of
the holder of such debt or equity interest which is properly
attributable to such regular interest. For purposes of the
preceding sentence, the yield to maturity of any equity
interest shall be determined under regulations prescribed by
the Secretary.
``(2) Exception.--Paragraph (1) shall not apply to
arrangements not having as a principal purpose the avoidance
of the purposes of this subsection.
``SEC. 860L. DEFINITIONS AND OTHER SPECIAL RULES.
``(a) FASIT.--
``(1) In general.--For purposes of this title, the terms
`financial asset securitization investment trust' and `FASIT'
mean any entity--
``(A) for which an election to be treated as a FASIT
applies for the taxable year,
``(B) all of the interests in which are regular interests
or the ownership interest,
``(C) which has only 1 ownership interest and such
ownership interest is held directly by an eligible
corporation,
``(D) as of the close of the 3rd month beginning after the
day of its formation and at all times thereafter,
substantially all of the assets of which (including assets
treated as
[[Page 2078]]
held by the entity under section 860I(b)(2)) consist of
permitted assets, and
``(E) which is not described in section 851(a).
A rule similar to the rule of the last sentence of section
860D(a) shall apply for purposes of this paragraph.
``(2) Eligible corporation.--For purposes of paragraph
(1)(C), the term `eligible corporation' means any domestic C
corporation other than--
``(A) a corporation which is exempt from, or is not subject
to, tax under this chapter,
``(B) an entity described in section 851(a) or 856(a),
``(C) a REMIC, and
``(D) an organization to which part I of subchapter T
applies.
``(3) Election.--An entity (otherwise meeting the
requirements of paragraph (1)) may elect to be treated as a
FASIT. Except as provided in paragraph (5), such an election
shall apply to the taxable year for which made and all
subsequent taxable years unless revoked with the consent of
the Secretary.
``(4) Termination.--If any entity ceases to be a FASIT at
any time during the taxable year, such entity shall not be
treated as a FASIT after the date of such ceasation.
``(5) Inadvertent terminations, etc.--Rules similar to the
rules of section 860D(b)(2)(B) shall apply to inadvertent
failures to qualify or remain qualified as a FASIT.
``(6) Permitted assets not treated as interest in fasit.--
Except as provided in regulations prescribed by the
Secretary, any asset which is a permitted asset at the time
acquired by a FASIT shall not be treated at any time as an
interest in such FASIT.
``(b) Interests in FASIT.--For purposes of this part--
``(1) Regular interest.--
``(A) In general.--The term `regular interest' means any
interest which is issued by a FASIT after the startup date
with fixed terms and which is designated as a regular
interest if--
``(i) such interest unconditionally entitles the holder to
receive a specified principal amount (or other similar
amount),
``(ii) interest payments (or other similar amounts), if
any, with respect to such interest are determined based on a
fixed rate, or, except as otherwise provided by the
Secretary, at a variable rate permitted under section
860G(a)(1)(B)(i),
``(iii) such interest does not have a stated maturity
(including options to renew) greater than 30 years (or such
longer period as may be permitted by regulations),
``(iv) the issue price of such interest does not exceed 125
percent of its stated principal amount, and
``(v) the yield to maturity on such interest is less than
the sum determined under section 163(i)(1)(B) with respect to
such interest.
An interest shall not fail to meet the requirements of clause
(i) merely because the timing (but not the amount) of the
principal payments (or other similar amounts) may be
contingent on the extent that payments on debt instruments
held by the FASIT are made in advance of anticipated payments
and on the amount of income from permitted assets.
``(B) High-yield interests.--
``(i) In general.--The term `regular interest' includes any
high-yield interest.
``(ii) High-yield interest.--The term `high-yield interest'
means any interest which would be described in subparagraph
(A) but for--
``(I) failing to meet the requirements of one or more of
clauses (i), (iv), or (v) thereof, or
``(II) failing to meet the requirement of clause (ii)
thereof but only if interest payments (or other similar
amounts), if any, with respect to such interest consist of a
specified portion of the interest payments on permitted
assets and such portion does not vary during the period such
interest is outstanding.
``(2) Ownership interest.--The term `ownership interest'
means the interest issued by a FASIT after the startup day
which is designated as an ownership interest and which is not
a regular interest.
``(c) Permitted Assets.--For purposes of this part--
``(1) In general.--The term `permitted asset' means--
``(A) cash or cash equivalents,
``(B) any debt instrument (as defined in section
1275(a)(1)) under which interest payments (or other similar
amounts), if any, at or before maturity meet the requirements
applicable under clause (i) or (ii) of section 860G(a)(1)(B),
``(C) foreclosure property,
``(D) any asset--
``(i) which is an interest rate or foreign currency
notional principal contract, letter of credit, insurance,
guarantee against payment defaults, or other similar
instrument permitted by the Secretary, and
``(ii) which is reasonably required to guarantee or hedge
against the FASIT's risks associated with being the obligor
on interests issued by the FASIT,
``(E) contract rights to acquire debt instruments described
in subparagraph (B) or assets described in subparagraph (D),
``(F) any regular interest in another FASIT, and
``(G) any regular interest in a REMIC.
``(2) Debt issued by holder of ownership interest not
permitted asset.--The term `permitted asset' shall not
include any debt instrument issued by the holder of the
ownership interest in the FASIT or by any person related to
such holder or any direct or indirect interest in such a debt
instrument. The preceding sentence shall not apply to cash
equivalents and to any other investment specified in
regulations prescribed by the Secretary.
``(3) Foreclosure property.--
``(A) In general.--The term `foreclosure property' means
property--
``(i) which would be foreclosure property under section
856(e) (determined without regard to paragraph (5) thereof)
if such property were real property acquired by a real estate
investment trust, and
``(ii) which is acquired in connection with the default or
imminent default of a debt instrument held by the FASIT
unless the security interest in such property was created for
the principal purpose of permitting the FASIT to invest in
such property.
Solely for purposes of subsection (a)(1), the determination
of whether any property is foreclosure property shall be made
without regard to section 856(e)(4).
``(B) Authority to reduce grace period.--In the case of
property other than real property and other than personal
property incident to real property, the Secretary may by
regulation reduce for purposes of subparagraph (A) the
periods otherwise applicable under paragraphs (2) and (3) of
section 856(e).
``(d) Startup Day.--For purposes of this part--
``(1) In general.--The term `startup day' means the date
designated in the election under subsection (a)(3) as the
startup day of the FASIT. Such day shall be the beginning of
the first taxable year of the FASIT.
``(2) Treatment of property held on startup day.--All
property held (or treated as held under section 860I(c)(2))
by an entity as of the startup day shall be treated as
contributed to such entity on such day by the holder of the
ownership interest in such entity.
``(e) Tax on Prohibited Transactions.--
``(1) In general.--There is hereby imposed for each taxable
year of a FASIT a tax equal to 100 percent of the net income
derived from prohibited transactions. Such tax shall be paid
by the holder of the ownership interest in the FASIT.
``(2) Prohibited transactions.--For purposes of this part,
the term `prohibited transaction' means--
``(A) the receipt of any income derived from any asset that
is not a permitted asset,
``(B) except as provided in paragraph (3), the disposition
of any permitted asset,
``(C) the receipt of any income derived from any loan
originated by the FASIT, and
``(D) the receipt of any income representing a fee or other
compensation for services (other than any fee received as
compensation for a waiver, amendment, or consent under
permitted assets (other than foreclosure property) held by
the FASIT).
``(3) Exception for income from certain dispositions.--
``(A) In general.--Paragraph (2)(B) shall not apply to a
disposition which would not be a prohibited transaction (as
defined in section 860F(a)(2)) by reason of--
``(i) clause (ii), (iii), or (iv) of section 860F(a)(2)(A),
or
``(ii) section 860F(a)(5),
if the FASIT were treated as a REMIC and debt instruments
described in subsection (c)(1)(B) were treated as qualified
mortgages.
``(B) Substitution of debt instruments; reduction of over-
collateralization.--Paragraph (2)(B) shall not apply to--
``(i) the substitution of a debt instrument described in
subsection (c)(1)(B) for another debt instrument which is a
permitted asset, or
``(ii) the distribution of a debt instrument contributed by
the holder of the ownership interest to such holder in order
to reduce over-collateralization of the FASIT,
but only if a principal purpose of acquiring the debt
instrument which is disposed of was not the recognition of
gain (or the reduction of a loss) as a result of an increase
in the market value of the debt instrument after its
acquisition by the FASIT.
``(C) Liquidation of class of regular interests.--Paragraph
(2)(B) shall not apply to the complete liquidation of any
class of regular interests.
``(4) Net income.--For purposes of this subsection, net
income shall be determined in accordance with section
860F(a)(3).
``(f) Coordination With Other Provisions.--
``(1) Wash sales rules.--Rules similar to the rules of
section 860F(d) shall apply to the ownership interest in a
FASIT.
``(2) Section 475.--Except as provided by the Secretary by
regulations, if any security which is sold or contributed to
a FASIT by the holder of the ownership interest in such FASIT
was required to be marked-to-market under section 475 by such
holder, section 475 shall continue to apply to such security;
except that in applying section 475 while such security is
held by the FASIT, the fair market value of such security for
purposes of section 475 shall not be less than its value
under section 860I(d).
``(g) Related Person.--For purposes of this part, a person
(hereinafter in this subsection referred to as the `related
person') is related to any person if--
``(1) the related person bears a relationship to such
person specified in section 267(b) or section 707(b)(1), or
``(2) the related person and such person are engaged in
trades or businesses under common control (within the meaning
of subsections (a) and (b) of section 52).
[[Page 2079]]
For purposes of paragraph (1), in applying section 267(b) or
707(b)(1), `20 percent' shall be substituted for `50
percent'.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this part, including regulations to prevent
the abuse of the purposes of this part through transactions
which are not primarily related to securitization of debt
instruments by a FASIT.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 26(b) is amended by striking
``and'' at the end of subparagraph (M), by striking the
period at the end of subparagraph (N) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(O) section 860K (relating to treatment of transfers of
high-yield interests to disqualified holders).''.
(2) Paragraph (6) of section 56(g) is amended by striking
``or REMIC'' and inserting ``REMIC, or FASIT''.
(3) Clause (ii) of section 382(l)(4)(B) is amended by
striking ``or a REMIC to which part IV of subchapter M
applies'' and inserting ``a REMIC to which part IV of
subchapter M applies, or a FASIT to which part V of
subchapter M applies''.
(4) Paragraph (1) of section 582(c) is amended by inserting
``, and any regular interest in a FASIT,'' after ``REMIC''.
(5) Subparagraph (E) of section 856(c)(6) is amended by
adding at the end the following new sentence: ``The
principles of the preceding provisions of this subparagraph
shall apply to regular interests in a FASIT.''.
(6) Paragraph (3) of section 860G(a) is amended by striking
``and'' at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting ``,
and'', and by inserting after subparagraph (C) the following
new subparagraph:
``(D) any regular interest in a FASIT which is transferred
to, or purchased by, the REMIC as described in clauses (i)
and (ii) of subparagraph (A) but only if 95 percent or more
of the value of the assets of such FASIT is at all times
attributable to obligations described in subparagraph (A)
(without regard to such clauses).''.
(7) Subparagraph (C) of section 1202(e)(4) is amended by
striking ``or REMIC'' and inserting ``REMIC, or FASIT''.
(8) Clause (xi) of section 7701(a)(19)(C) is amended to
read as follows:
``(xi) any regular or residual interest in a REMIC, and any
regular interest in a FASIT, but only in the proportion which
the assets of such REMIC or FASIT consist of property
described in any of the preceding clauses of this
subparagraph; except that if 95 percent or more of the assets
of such REMIC or FASIT are assets described in clauses (i)
through (x), the entire interest in the REMIC or FASIT shall
qualify.''.
(9) Subparagraph (A) of section 7701(i)(2) is amended by
inserting ``or a FASIT'' after ``a REMIC''.
(c) Clerical Amendment.--The table of parts for subchapter
M of chapter 1 is amended by adding at the end the following
new item:
``Part V. Financial asset securitization investment trusts.''.
(d) Effective Date.--The amendments made by this section
shall take effect on September 1, 1997.
(e) Treatment of Existing Securitization Entities.--
(1) In general.--In the case of the holder of the ownership
interest in a pre-effective date FASIT--
(A) gain shall not be recognized under section 860L(d)(2)
of the Internal Revenue Code of 1986 on property deemed
contributed to the FASIT, and
(B) gain shall not be recognized under section 860I of such
Code on property contributed to such FASIT,
until such property (or portion thereof) ceases to be
properly allocable to a pre-FASIT interest.
(2) Allocation of property to pre-fasit interest.--For
purposes of paragraph (1), property shall be allocated to a
pre-FASIT interest in such manner as the Secretary of the
Treasury may prescribe, except that all property in a FASIT
shall be treated as properly allocable to pre-FASIT interests
if the fair market value of all such property does not exceed
107 percent of the aggregate principal amount of all
outstanding pre-FASIT interests.
(3) Definitions.--For purposes of this subsection--
(A) Pre-effective date fasit.--The term ``pre-effective
date FASIT'' means any FASIT if the entity (with respect to
which the election under section 860L(a)(3) of such Code was
made) is in existence on August 31, 1997.
(B) Pre-fasit interest.--The term ``pre-FASIT interest''
means any interest in the entity referred to in subparagraph
(A) which was issued before the startup day (other than any
interest held by the holder of the ownership interest in the
FASIT).
Subtitle G--Technical Corrections
SEC. 1701. COORDINATION WITH OTHER SUBTITLES.
For purposes of applying the amendments made by any
subtitle of this title other than this subtitle, the
provisions of this subtitle shall be treated as having been
enacted immediately before the provisions of such other
subtitles.
SEC. 1702. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT
OF 1990.
(a) Amendments Related to Subtitle A.--
(1) Subparagraph (B) of section 59(j)(3) is amended by
striking ``section 1(i)(3)(B)'' and inserting ``section
1(g)(3)(B)''.
(2) Clause (i) of section 151(d)(3)(C) is amended by
striking ``joint of a return'' and inserting ``joint
return''.
(b) Amendments Related to Subtitle B.--
(1) Paragraph (1) of section 11212(e) of the Revenue
Reconciliation Act of 1990 is amended by striking ``Paragraph
(1) of section 6724(d)'' and inserting ``Subparagraph (B) of
section 6724(d)(1)''.
(2)(A) Subparagraph (B) of section 4093(c)(2), as in effect
before the amendments made by the Revenue Reconciliation Act
of 1993, is amended by inserting before the period ``unless
such fuel is sold for exclusive use by a State or any
political subdivision thereof''.
(B) Paragraph (4) of section 6427(l), as in effect before
the amendments made by the Revenue Reconciliation Act of
1993, is amended by inserting before the period ``unless such
fuel was used by a State or any political subdivision
thereof''.
(3) Paragraph (1) of section 6416(b) is amended by striking
``chapter 32 or by section 4051'' and inserting ``chapter 31
or 32''.
(4) Section 7012 is amended--
(A) by striking ``production or importation of gasoline''
in paragraph (3) and inserting ``taxes on gasoline and diesel
fuel'', and
(B) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively.
(5) Subsection (c) of section 5041 is amended by striking
paragraph (6) and by inserting the following new paragraphs:
``(6) Credit for transferee in bond.--If--
``(A) wine produced by any person would be eligible for any
credit under paragraph (1) if removed by such person during
the calendar year,
``(B) wine produced by such person is removed during such
calendar year by any other person (hereafter in this
paragraph referred to as the `transferee') to whom such wine
was transferred in bond and who is liable for the tax imposed
by this section with respect to such wine, and
``(C) such producer holds title to such wine at the time of
its removal and provides to the transferee such information
as is necessary to properly determine the transferee's credit
under this paragraph,
then, the transferee (and not the producer) shall be allowed
the credit under paragraph (1) which would be allowed to the
producer if the wine removed by the transferee had been
removed by the producer on that date.
``(7) Regulations.--The Secretary may prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including regulations--
``(A) to prevent the credit provided in this subsection
from benefiting any person who produces more than 250,000
wine gallons of wine during a calendar year, and
``(B) to assure proper reduction of such credit for persons
producing more than 150,000 wine gallons of wine during a
calendar year.''.
(6) Paragraph (3) of section 5061(b) is amended to read as
follows:
``(3) section 5041(f),''.
(7) Section 5354 is amended by inserting ``(taking into
account the appropriate amount of credit with respect to such
wine under section 5041(c))'' after ``any one time''.
(c) Amendments Related to Subtitle C.--
(1) Paragraph (4) of section 56(g) is amended by
redesignating subparagraphs (I) and (J) as subparagraphs (H)
and (I), respectively.
(2) Subparagraph (B) of section 6724(d)(1) is amended--
(A) by striking ``or'' at the end of clause (xii), and
(B) by striking the period at the end of clause (xiii) and
inserting ``, or''.
(3) Subsection (g) of section 6302 is amended by inserting
``, 22,'' after ``chapters 21''.
(4) The earnings and profits of any insurance company to
which section 11305(c)(3) of the Revenue Reconciliation Act
of 1990 applies shall be determined without regard to any
deduction allowed under such section; except that, for
purposes of applying sections 56 and 902, and subpart F of
part III of subchapter N of chapter 1 of the Internal Revenue
Code of 1986, such deduction shall be taken into account.
(5) Subparagraph (D) of section 6038A(e)(4) is amended--
(A) by striking ``any transaction to which the summons
relates'' and inserting ``any affected taxable year'', and
(B) by adding at the end thereof the following new
sentence: ``For purposes of this subparagraph, the term
`affected taxable year' means any taxable year if the
determination of the amount of tax imposed for such taxable
year is affected by the treatment of the transaction to which
the summons relates.''.
(6) Subparagraph (A) of section 6621(c)(2) is amended by
adding at the end thereof the following new flush sentence:
``The preceding sentence shall be applied without regard to
any such letter or notice which is withdrawn by the
Secretary.''.
(7) Clause (i) of section 6621(c)(2)(B) is amended by
striking ``this subtitle'' and inserting ``this title''.
(d) Amendments Related to Subtitle D.--
(1) Notwithstanding section 11402(c) of the Revenue
Reconciliation Act of 1990, the amendment made by section
11402(b)(1) of such Act shall apply to taxable years ending
after December 31, 1989.
(2) Clause (ii) of section 143(m)(4)(C) is amended--
[[Page 2080]]
(A) by striking ``any month of the 10-year period'' and
inserting ``any year of the 4-year period'',
(B) by striking ``succeeding months'' and inserting
``succeeding years'', and
(C) by striking ``over the remainder of such period (or, if
lesser, 5 years)'' and inserting ``to zero over the
succeeding 5 years''.
(e) Amendments Related to Subtitle E.--
(1)(A) Clause (ii) of section 56(d)(1)(B) is amended to
read as follows:
``(ii) appropriate adjustments in the application of
section 172(b)(2) shall be made to take into account the
limitation of subparagraph (A).''.
(B) For purposes of applying sections 56(g)(1) and 56(g)(3)
of the Internal Revenue Code of 1986 with respect to taxable
years beginning in 1991 and 1992, the reference in such
sections to the alternative tax net operating loss deduction
shall be treated as including a reference to the deduction
under section 56(h) of such Code as in effect before the
amendments made by section 1915 of the Energy Policy Act of
1992.
(2) Clause (i) of section 613A(c)(3)(A) is amended by
striking ``the table contained in''.
(3) Section 6501 is amended--
(A) by striking subsection (m) (relating to deficiency
attributable to election under section 44B) and by
redesignating subsections (n) and (o) as subsections (m) and
(n), respectively, and
(B) by striking ``section 40(f) or 51(j)'' in subsection
(m) (as redesignated by subparagraph (A)) and inserting
``section 40(f), 43, or 51(j)''.
(4) Subparagraph (C) of section 38(c)(2) (as in effect on
the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) is amended by inserting before
the period at the end of the first sentence the following:
``and without regard to the deduction under section 56(h)''.
(5) The amendment made by section 1913(b)(2)(C)(i) of the
Energy Policy Act of 1992 shall apply to taxable years
beginning after December 31, 1990.
(f) Amendments Related to Subtitle F.--
(1)(A) Section 2701(a)(3) is amended by adding at the end
thereof the following new subparagraph:
``(C) Valuation of qualified payments where no liquidation,
etc. rights.--In the case of an applicable retained interest
which is described in subparagraph (B)(i) but not
subparagraph (B)(ii), the value of the distribution right
shall be determined without regard to this section.''.
(B) Section 2701(a)(3)(B) is amended by inserting
``certain'' before ``qualified'' in the heading thereof.
(C) Sections 2701 (d)(1) and (d)(4) are each amended by
striking ``subsection (a)(3)(B)'' and inserting ``subsection
(a)(3) (B) or (C)''.
(2) Clause (i) of section 2701(a)(4)(B) is amended by
inserting ``(or, to the extent provided in regulations, the
rights as to either income or capital)'' after ``income and
capital''.
(3)(A) Section 2701(b)(2) is amended by adding at the end
thereof the following new subparagraph:
``(C) Applicable family member.--For purposes of this
subsection, the term `applicable family member' includes any
lineal descendant of any parent of the transferor or the
transferor's spouse.''.
(B) Section 2701(e)(3) is amended--
(i) by striking subparagraph (B), and
(ii) by striking so much of paragraph (3) as precedes
``shall be treated as holding'' and inserting:
``(3) Attribution of indirect holdings and transfers.--An
individual''.
(C) Section 2704(c)(3) is amended by striking ``section
2701(e)(3)(A)'' and inserting ``section 2701(e)(3)''.
(4) Clause (i) of section 2701(c)(1)(B) is amended to read
as follows:
``(i) a right to distributions with respect to any interest
which is junior to the rights of the transferred interest,''.
(5)(A) Clause (i) of section 2701(c)(3)(C) is amended to
read as follows:
``(i) In general.--Payments under any interest held by a
transferor which (without regard to this subparagraph) are
qualified payments shall be treated as qualified payments
unless the transferor elects not to treat such payments as
qualified payments. Payments described in the preceding
sentence which are held by an applicable family member shall
be treated as qualified payments only if such member elects
to treat such payments as qualified payments.''.
(B) The first sentence of section 2701(c)(3)(C)(ii) is
amended to read as follows: ``A transferor or applicable
family member holding any distribution right which (without
regard to this subparagraph) is not a qualified payment may
elect to treat such right as a qualified payment, to be paid
in the amounts and at the times specified in such
election.''.
(C) The time for making an election under the second
sentence of section 2701(c)(3)(C)(i) of the Internal Revenue
Code of 1986 (as amended by subparagraph (A)) shall not
expire before the due date (including extensions) for filing
the transferor's return of the tax imposed by section 2501 of
such Code for the first calendar year ending after the date
of enactment.
(6) Section 2701(d)(3)(A)(iii) is amended by striking ``the
period ending on the date of''.
(7) Subclause (I) of section 2701(d)(3)(B)(ii) is amended
by inserting ``or the exclusion under section 2503(b),''
after ``section 2523,''.
(8) Section 2701(e)(5) is amended--
(A) by striking ``such contribution to capital or such
redemption, recapitalization, or other change'' in
subparagraph (A) and inserting ``such transaction'', and
(B) by striking ``the transfer'' in subparagraph (B) and
inserting ``such transaction''.
(9) Section 2701(d)(4) is amended by adding at the end
thereof the following new subparagraph:
``(C) Transfer to transferors.--In the case of a taxable
event described in paragraph (3)(A)(ii) involving a transfer
of an applicable retained interest from an applicable family
member to a transferor, this subsection shall continue to
apply to the transferor during any period the transferor
holds such interest.''.
(10) Section 2701(e)(6) is amended by inserting ``or to
reflect the application of subsection (d)'' before the period
at the end thereof.
(11)(A) Section 2702(a)(3)(A) is amended--
(i) by striking ``to the extent'' and inserting ``if'' in
clause (i),
(ii) by striking ``or'' at the end of clause (i),
(iii) by striking the period at the end of clause (ii) and
inserting ``, or'', and
(iv) by adding at the end thereof the following new clause:
``(iii) to the extent that regulations provide that such
transfer is not inconsistent with the purposes of this
section.''.
(B)(i) Section 2702(a)(3) is amended by striking
``incomplete transfer'' each place it appears and inserting
``incomplete gift''.
(ii) The heading for section 2702(a)(3)(B) is amended by
striking ``Incomplete transfer'' and inserting ``Incomplete
gift''.
(g) Amendments Related to Subtitle G.--
(1)(A) Subsection (a) of section 1248 is amended--
(i) by striking ``, or if a United States person receives a
distribution from a foreign corporation which, under section
302 or 331, is treated as an exchange of stock'' in paragraph
(1), and
(ii) by adding at the end thereof the following new
sentence: ``For purposes of this section, a United States
person shall be treated as having sold or exchanged any stock
if, under any provision of this subtitle, such person is
treated as realizing gain from the sale or exchange of such
stock.''.
(B) Paragraph (1) of section 1248(e) is amended by striking
``, or receives a distribution from a domestic corporation
which, under section 302 or 331, is treated as an exchange of
stock''.
(C) Subparagraph (B) of section 1248(f)(1) is amended by
striking ``or 361(c)(1)'' and inserting ``355(c)(1), or
361(c)(1)''.
(D) Paragraph (1) of section 1248(i) is amended to read as
follows:
``(1) In general.--If any shareholder of a 10-percent
corporate shareholder of a foreign corporation exchanges
stock of the 10-percent corporate shareholder for stock of
the foreign corporation, such 10-percent corporate
shareholder shall recognize gain in the same manner as if the
stock of the foreign corporation received in such exchange
had been--
``(A) issued to the 10-percent corporate shareholder, and
``(B) then distributed by the 10-percent corporate
shareholder to such shareholder in redemption or liquidation
(whichever is appropriate).
The amount of gain recognized by such 10-percent corporate
shareholder under the preceding sentence shall not exceed the
amount treated as a dividend under this section.''.
(2) Section 897 is amended by striking subsection (f).
(3) Paragraph (13) of section 4975(d) is amended by
striking ``section 408(b)'' and inserting ``section
408(b)(12)''.
(4) Clause (iii) of section 56(g)(4)(D) is amended by
inserting ``, but only with respect to taxable years
beginning after December 31, 1989'' before the period at the
end thereof.
(5)(A) Paragraph (11) of section 11701(a) of the Revenue
Reconciliation Act of 1990 (and the amendment made by such
paragraph) are hereby repealed, and section 7108(r)(2) of the
Revenue Reconciliation Act of 1989 shall be applied as if
such paragraph (and amendment) had never been enacted.
(B) Subparagraph (A) shall not apply to any building if the
owner of such building establishes to the satisfaction of the
Secretary of the Treasury or his delegate that such owner
reasonably relied on the amendment made by such paragraph
(11).
(h) Amendments Related to Subtitle H.--
(1)(A) Clause (vi) of section 168(e)(3)(B) is amended by
striking ``or'' at the end of subclause (I), by striking the
period at the end of subclause (II) and inserting ``, or'',
and by adding at the end thereof the following new subclause:
``(III) is described in section 48(l)(3)(A)(ix) (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).''.
(B) Subparagraph (B) of section 168(e)(3) (relating to 5-
year property) is amended by adding at the end the following
flush sentence:
``Nothing in any provision of law shall be construed to treat
property as not being described in clause (vi)(I) (or the
corresponding provisions of prior law) by reason of being
public utility property (within the meaning of section
48(a)(3)).''.
(C) Subparagraph (K) of section 168(g)(4) is amended by
striking ``section 48(a)(3)(A)(iii)'' and inserting ``section
48(l)(3)(A)(ix) (as in effect on the day before the date of
the enactment of the Revenue Reconciliation Act of 1990)''.
[[Page 2081]]
(2) Clause (ii) of section 172(b)(1)(E) is amended by
striking ``subsection (m)'' and inserting ``subsection (h)''.
(3) Sections 805(a)(4)(E), 832(b)(5)(C)(ii)(II), and
832(b)(5)(D)(ii)(II) are each amended by striking
``243(b)(5)'' and inserting ``243(b)(2)''.
(4) Subparagraph (A) of section 243(b)(3) is amended by
inserting ``of'' after ``In the case''.
(5) The subsection heading for subsection (a) of section
280F is amended by striking ``Investment Tax Credit and''.
(6) Clause (i) of section 1504(c)(2)(B) is amended by
inserting ``section'' before ``243(b)(2)''.
(7) Paragraph (3) of section 341(f) is amended by striking
``351, 361, 371(a), or 374(a)'' and inserting ``351, or
361''.
(8) Paragraph (2) of section 243(b) is amended to read as
follows:
``(2) Affiliated group.--For purposes of this subsection:
``(A) In general.--The term `affiliated group' has the
meaning given such term by section 1504(a), except that for
such purposes sections 1504(b)(2), 1504(b)(4), and 1504(c)
shall not apply.
``(B) Group must be consistent in foreign tax treatment.--
The requirements of paragraph (1)(A) shall not be treated as
being met with respect to any dividend received by a
corporation if, for any taxable year which includes the day
on which such dividend is received--
``(i) 1 or more members of the affiliated group referred to
in paragraph (1)(A) choose to any extent to take the benefits
of section 901, and
``(ii) 1 or more other members of such group claim to any
extent a deduction for taxes otherwise creditable under
section 901.''.
(9) The amendment made by section 11813(b)(17) of the
Revenue Reconciliation Act of 1990 shall be applied as if the
material stricken by such amendment included the closing
parenthesis after ``section 48(a)(5)''.
(10) Paragraph (1) of section 179(d) is amended by striking
``in a trade or business'' and inserting ``a trade or
business''.
(11) Subparagraph (E) of section 50(a)(2) is amended by
striking ``section 48(a)(5)(A)'' and inserting ``section
48(a)(5)''.
(12) The amendment made by section 11801(c)(9)(G)(ii) of
the Revenue Reconciliation Act of 1990 shall be applied as if
it struck ``Section 422A(c)(2)'' and inserted ``Section
422(c)(2)''.
(13) Subparagraph (B) of section 424(c)(3) is amended by
striking ``a qualified stock option, an incentive stock
option, an option granted under an employee stock purchase
plan, or a restricted stock option'' and inserting ``an
incentive stock option or an option granted under an employee
stock purchase plan''.
(14) Subparagraph (E) of section 1367(a)(2) is amended by
striking ``section 613A(c)(13)(B)'' and inserting ``section
613A(c)(11)(B)''.
(15) Subparagraph (B) of section 460(e)(6) is amended by
striking ``section 167(k)'' and inserting ``section
168(e)(2)(A)(ii)''.
(16) Subparagraph (C) of section 172(h)(4) is amended by
striking ``subsection (b)(1)(M)'' and inserting ``subsection
(b)(1)(E)''.
(17) Section 6503 is amended--
(A) by redesignating the subsection relating to extension
in case of certain summonses as subsection (j), and
(B) by redesignating the subsection relating to cross
references as subsection (k).
(18) Paragraph (4) of section 1250(e) is hereby repealed.
(19) Paragraph (1) of section 179(d) is amended by adding
at the end the following new sentence: ``Such term shall not
include any property described in section 50(b) and shall not
include air conditioning or heating units.''.
``(i) Effective Date.--Except as otherwise expressly
provided, any amendment made by this section shall take
effect as if included in the provision of the Revenue
Reconciliation Act of 1990 to which such amendment
relates.''.
SEC. 1703. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT
OF 1993.
(a) Amendment Related to Section 13114.--Paragraph (2) of
section 1044(c) is amended to read as follows:
``(2) Purchase.--The taxpayer shall be considered to have
purchased any property if, but for subsection (d), the
unadjusted basis of such property would be its cost within
the meaning of section 1012.''.
(b) Amendments Related to Section 13142.--
(1) Subparagraph (B) of section 13142(b)(6) of the Revenue
Reconciliation Act of 1993 is amended to read as follows:
``(B) Full-time students, waiver authority, and prohibited
discrimination.--The amendments made by paragraphs (2), (3),
and (4) shall take effect on the date of the enactment of
this Act.''.
(2) Subparagraph (C) of section 13142(b)(6) of such Act is
amended by striking ``paragraph (2)'' and inserting
``paragraph (5)''.
(c) Amendment Related to Section 13161.--
(1) In general.--Subsection (e) of section 4001 (relating
to inflation adjustment) is amended to read as follows:
``(e) Inflation Adjustment.--
``(1) In general.--The $30,000 amount in subsection (a) and
section 4003(a) shall be increased by an amount equal to--
``(A) $30,000, multiplied by
``(B) the cost-of-living adjustment under section 1(f)(3)
for the calendar year in which the vehicle is sold,
determined by substituting `calendar year 1990' for `calendar
year 1992' in subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $2,000, such amount shall be rounded
to the next lowest multiple of $2,000.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(d) Amendment Related to Section 13201.--Clause (ii) of
section 135(b)(2)(B) is amended by inserting before the
period at the end thereof the following: ``, determined by
substituting `calendar year 1989' for `calendar year 1992' in
subparagraph (B) thereof''.
(e) Amendments Related to Section 13203.--Subsection (a) of
section 59 is amended--
(1) by striking ``the amount determined under section
55(b)(1)(A)'' in paragraph (1)(A) and (2)(A)(i) and inserting
``the pre-credit tentative minimum tax'',
(2) by striking ``specified in section 55(b)(1)(A)'' in
paragraph (1)(C) and inserting ``specified in subparagraph
(A)(i) or (B)(i) of section 55(b)(1) (whichever applies)'',
(3) by striking ``which would be determined under section
55(b)(1)(A)'' in paragraph (2)(A)(ii) and inserting ``which
would be the pre-credit tentative minimum tax'', and
(4) by adding at the end thereof the following new
paragraph:
``(3) Pre-credit tentative minimum tax.--For purposes of
this subsection, the term `pre-credit tentative minimum tax'
means--
``(A) in the case of a taxpayer other than a corporation,
the amount determined under the first sentence of section
55(b)(1)(A)(i), or
``(B) in the case of a corporation, the amount determined
under section 55(b)(1)(B)(i).''.
(f) Amendment Related to Section 13221.--Sections 1201(a)
and 1561(a) are each amended by striking ``last sentence''
each place it appears and inserting ``last 2 sentences''.
(g) Amendments Related to Section 13222.--
(1) Subparagraph (B) of section 6033(e)(1) is amended by
adding at the end thereof the following new clause:
``(iii) Coordination with section 527(f).--This subsection
shall not apply to any amount on which tax is imposed by
reason of section 527(f).''.
(2) Clause (i) of section 6033(e)(1)(B) is amended by
striking ``this subtitle'' and inserting ``section 501''.
(h) Amendment Related to Section 13225.--Paragraph (3) of
section 6655(g) is amended by striking all that follows ``
`3rd month' '' in the sentence following subparagraph (C) and
inserting ``, subsection (e)(2)(A) shall be applied by
substituting `2 months' for `3 months' in clause (i)(I), the
election under clause (i) of subsection (e)(2)(C) may be made
separately for each installment, and clause (ii) of
subsection (e)(2)(C) shall not apply.''.
(i) Amendments Related to Section 13231.--
(1) Subparagraph (G) of section 904(d)(3) is amended by
striking ``section 951(a)(1)(B)'' and inserting
``subparagraph (B) or (C) of section 951(a)(1)''.
(2) Paragraph (1) of section 956A(b) is amended to read as
follows:
``(1) the amount (not including a deficit) referred to in
section 316(a)(1) to the extent such amount was accumulated
in prior taxable years beginning after September 30, 1993,
and''.
(3) Subsection (f) of section 956A is amended by inserting
before the period at the end thereof: ``and regulations
coordinating the provisions of subsections (c)(3)(A) and
(d)''.
(4) Subsection (b) of section 958 is amended by striking
``956(b)(2)'' each place it appears and inserting
``956(c)(2)''.
(5)(A) Subparagraph (A) of section 1297(d)(2) is amended by
striking ``The adjusted basis of any asset'' and inserting
``The amount taken into account under section 1296(a)(2) with
respect to any asset''.
(B) The paragraph heading of paragraph (2) of section
1297(d) is amended to read as follows:
``(2) Amount taken into account.--''.
(6) Subsection (e) of section 1297 is amended by inserting
``For purposes of this part--'' after the subsection heading.
(j) Amendment Related to Section 13241.--Subparagraph (B)
of section 40(e)(1) is amended to read as follows:
``(B) for any period before January 1, 2001, during which
the rates of tax under section 4081(a)(2)(A) are 4.3 cents
per gallon.''.
(k) Amendment Related to Section 13242.--Paragraph (4) of
section 6427(f) is amended by striking ``1995'' and inserting
``1999''.
(l) Amendment Related to Section 13261.--Clause (iii) of
section 13261(g)(2)(A) of the Revenue Reconciliation Act of
1993 is amended by striking ``by the taxpayer'' and inserting
``by the taxpayer or a related person''.
(m) Amendment Related to Section 13301.--Subparagraph (B)
of section 1397B(d)(5) is amended by striking ``preceding''.
(n) Clerical Amendments.--
(1) Subsection (d) of section 39 is amended--
(A) by striking ``45'' in the heading of paragraph (5) and
inserting ``45A'', and
(B) by striking ``45'' in the heading of paragraph (6) and
inserting ``45B''.
(2) Subparagraph (A) of section 108(d)(9) is amended by
striking ``paragraph (3)(B)'' and inserting ``paragraph
(3)(C)''.
[[Page 2082]]
(3) Subparagraph (C) of section 143(d)(2) is amended by
striking the period at the end thereof and inserting a comma.
(4) Clause (ii) of section 163(j)(6)(E) is amended by
striking ``which is a'' and inserting ``which is''.
(5) Subparagraph (A) of section 1017(b)(4) is amended by
striking ``subsection (b)(2)(D)'' and inserting ``subsection
(b)(2)(E)''.
(6) So much of section 1245(a)(3) as precedes subparagraph
(A) thereof is amended to read as follows:
``(3) Section 1245 property.--For purposes of this section,
the term `section 1245 property' means any property which is
or has been property of a character subject to the allowance
for depreciation provided in section 167 and is either--''.
(7) Paragraph (2) of section 1394(e) is amended--
(A) by striking ``(i)'' and inserting ``(A)'', and
(B) by striking ``(ii)'' and inserting ``(B)''.
(8) Subsection (m) of section 6501 (as redesignated by
section 1602) is amended by striking ``or 51(j)'' and
inserting ``45B, or 51(j)''.
(9)(A) The section 6714 added by section 13242(b)(1) of the
Revenue Reconciliation Act of 1993 is hereby redesignated as
section 6715.
(B) The table of sections for part I of subchapter B of
chapter 68 is amended by striking ``6714'' in the item added
by such section 13242(b)(2) of such Act and inserting
``6715''.
(10) Paragraph (2) of section 9502(b) is amended by
inserting ``and before'' after ``1982,''.
(11) Subsection (a)(3) of section 13206 of the Revenue
Reconciliation Act of 1993 is amended by striking ``this
section'' and inserting ``this subsection''.
(12) Paragraph (1) of section 13215(c) of the Revenue
Reconciliation Act of 1993 is amended by striking ``Public
Law 92-21'' and inserting ``Public Law 98-21''.
(13) Paragraph (2) of section 13311(e) of the Revenue
Reconciliation Act of 1993 is amended by striking ``section
1393(a)(3)'' and inserting ``section 1393(a)(2)''.
(14) Subparagraph (B) of section 117(d)(2) is amended by
striking ``section 132(f)'' and inserting ``section 132(h)''.
(o) Effective Date.--Any amendment made by this section
shall take effect as if included in the provision of the
Revenue Reconciliation Act of 1993 to which such amendment
relates.
SEC. 1704. MISCELLANEOUS PROVISIONS.
(a) Application of Amendments Made by Title XII of Omnibus
Budget Reconciliation Act of 1990.--Except as otherwise
expressly provided, whenever in title XII of the Omnibus
Budget Reconciliation Act of 1990 an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(b) Treatment of Certain Amounts Under Hedge Bond Rules.--
(1) In general.--Clause (iii) of section 149(g)(3)(B) is
amended to read as follows:
``(iii) Amounts held pending reinvestment or redemption.--
Amounts held for not more than 30 days pending reinvestment
or bond redemption shall be treated as invested in bonds
described in clause (i).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 7651 of the Omnibus Budget Reconciliation Act of
1989.
(c) Treatment of Certain Distributions Under Section
1445.--
(1) In general.--Paragraph (3) of section 1445(e) is
amended by adding at the end thereof the following new
sentence: ``Rules similar to the rules of the preceding
provisions of this paragraph shall apply in the case of any
distribution to which section 301 applies and which is not
made out of the earnings and profits of such a domestic
corporation.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to distributions after the date of the enactment
of this Act.
(d) Treatment of Certain Credits Under Section 469.--
(1) In general.--Subparagraph (B) of section 469(c)(3) is
amended by adding at the end thereof the following new
sentence: ``If the preceding sentence applies to the net
income from any property for any taxable year, any credits
allowable under subpart B (other than section 27(a)) or D of
part IV of subchapter A for such taxable year which are
attributable to such property shall be treated as credits not
from a passive activity to the extent the amount of such
credits does not exceed the regular tax liability of the
taxpayer for the taxable year which is allocable to such net
income.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to taxable years beginning after December 31,
1986.
(e) Treatment of Dispositions Under Passive Loss Rules.--
(1) In general.--Subparagraph (A) of section 469(g)(1) is
amended to read as follows:
``(A) In general.--If all gain or loss realized on such
disposition is recognized, the excess of--
``(i) any loss from such activity for such taxable year
(determined after the application of subsection (b)), over
``(ii) any net income or gain for such taxable year from
all other passive activities (determined after the
application of subsection (b)),
shall be treated as a loss which is not from a passive
activity.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to taxable years beginning after December 31,
1986.
(f) Miscellaneous Amendments to Foreign Provisions.--
(1) Coordination of unified estate tax credit with
treaties.--Subparagraph (A) of section 2102(c)(3) is amended
by adding at the end thereof the following new sentence:
``For purposes of the preceding sentence, property shall not
be treated as situated in the United States if such property
is exempt from the tax imposed by this subchapter under any
treaty obligation of the United States.''.
(2) Treatment of certain interest paid to related person.--
(A) Subparagraph (B) of section 163(j)(1) is amended by
inserting before the period at the end thereof the following:
``(and clause (ii) of paragraph (2)(A) shall not apply for
purposes of applying this subsection to the amount so
treated)''.
(B) Subsection (j) of section 163 is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following new paragraph:
``(7) Coordination with passive loss rules, etc.--This
subsection shall be applied before sections 465 and 469.''.
(C) The amendments made by this paragraph shall apply as if
included in the amendments made by section 7210(a) of the
Revenue Reconciliation Act of 1989.
(3) Treatment of interest allocable to effectively
connected income.--
(A) In general.--
(i) Subparagraph (B) of section 884(f)(1) is amended by
striking ``to the extent'' and all that follows down through
``subparagraph (A)'' and inserting ``to the extent that the
allocable interest exceeds the interest described in
subparagraph (A)''.
(ii) The second sentence of section 884(f)(1) is amended by
striking ``reasonably expected'' and all that follows down
through the period at the end thereof and inserting
``reasonably expected to be allocable interest.''.
(iii) Paragraph (2) of section 884(f) is amended to read as
follows:
``(2) Allocable interest.--For purposes of this subsection,
the term `allocable interest' means any interest which is
allocable to income which is effectively connected (or
treated as effectively connected) with the conduct of a trade
or business in the United States.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect as if included in the amendments made
by section 1241(a) of the Tax Reform Act of 1986.
(4) Clarification of source rule.--
(A) In general.--Paragraph (2) of section 865(b) is amended
by striking ``863(b)'' and inserting ``863''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the amendments made by
section 1211 of the Tax Reform Act of 1986.
(5) Repeal of obsolete provisions.--
(A) Paragraph (1) of section 6038(a) is amended by striking
``, and'' at the end of subparagraph (E) and inserting a
period, and by striking subparagraph (F).
(B) Subsection (b) of section 6038A is amended by adding
``and'' at the end of paragraph (2), by striking ``, and'' at
the end of paragraph (3) and inserting a period, and by
striking paragraph (4).
(g) Clarification of Treatment of Medicare Entitlement
Under COBRA Provisions.--
(1) In general.--
(A) Subclause (V) of section 4980B(f)(2)(B)(i) is amended
to read as follows:
``(V) Medicare entitlement followed by qualifying event.--
In the case of a qualifying event described in paragraph
(3)(B) that occurs less than 18 months after the date the
covered employee became entitled to benefits under title
XVIII of the Social Security Act, the period of coverage for
qualified beneficiaries other than the covered employee shall
not terminate under this clause before the close of the 36-
month period beginning on the date the covered employee
became so entitled.''.
(B) Clause (v) of section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 is amended to read as
follows:
``(v) Medicare entitlement followed by qualifying event.--
In the case of a qualifying event described in section 603(2)
that occurs less than 18 months after the date the covered
employee became entitled to benefits under title XVIII of the
Social Security Act, the period of coverage for qualified
beneficiaries other than the covered employee shall not
terminate under this subparagraph before the close of the 36-
month period beginning on the date the covered employee
became so entitled.''.
(C) Clause (iv) of section 2202(2)(A) of the Public Health
Service Act is amended to read as follows:
``(iv) Medicare entitlement followed by qualifying event.--
In the case of a qualifying event described in section
2203(2) that occurs less than 18 months after the date the
covered employee became entitled to benefits under title
XVIII of the Social Security Act, the period of coverage for
qualified beneficiaries other than the covered employee shall
not terminate under this subparagraph before the close of the
36-month period beginning on the date the covered employee
became so entitled.''.
(2) Effective date.--The amendments made by this subsection
shall apply to plan years beginning after December 31, 1989.
(h) Treatment of Certain REMIC Inclusions.--
[[Page 2083]]
(1) In general.--Subsection (a) of section 860E is amended
by adding at the end thereof the following new paragraph:
``(6) Coordination with minimum tax.--For purposes of part
VI of subchapter A of this chapter--
``(A) the reference in section 55(b)(2) to taxable income
shall be treated as a reference to taxable income determined
without regard to this subsection,
``(B) the alternative minimum taxable income of any holder
of a residual interest in a REMIC for any taxable year shall
in no event be less than the excess inclusion for such
taxable year, and
``(C) any excess inclusion shall be disregarded for
purposes of computing the alternative tax net operating loss
deduction.
The preceding sentence shall not apply to any organization to
which section 593 applies, except to the extent provided in
regulations prescribed by the Secretary under paragraph
(2).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 671 of the Tax Reform Act of 1986 unless the taxpayer
elects to apply such amendment only to taxable years
beginning after the date of the enactment of this Act.
(i) Exemption From Harbor Maintenance Tax for Certain
Passengers.--
(1) In general.--Subparagraph (D) of section 4462(b)(1)
(relating to special rule for Alaska, Hawaii, and
possessions) is amended by inserting before the period the
following: ``, or passengers transported on United States
flag vessels operating solely within the State waters of
Alaska or Hawaii and adjacent international waters''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 1402(a) of the Harbor Maintenance Revenue Act of
1986.
(j) Amendments Related to Revenue Provisions of Energy
Policy Act of 1992.--
(1) Effective with respect to taxable years beginning after
December 31, 1990, subclause (II) of section 53(d)(1)(B)(iv)
is amended to read as follows:
``(II) the adjusted net minimum tax for any taxable year is
the amount of the net minimum tax for such year increased in
the manner provided in clause (iii).''.
(2) Subsection (g) of section 179A is redesignated as
subsection (f).
(3) Subparagraph (E) of section 6724(d)(3) is amended by
striking ``section 6109(f)'' and inserting ``section
6109(h)''.
(4)(A) Subsection (d) of section 30 is amended--
(i) by inserting ``(determined without regard to subsection
(b)(3))'' before the period at the end of paragraph (1)
thereof, and
(ii) by adding at the end thereof the following new
paragraph:
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.''.
(B) Subsection (m) of section 6501 (as redesignated by
section 1602) is amended by striking ``section 40(f)'' and
inserting ``section 30(d)(4), 40(f)''.
(5) Subclause (III) of section 501(c)(21)(D)(ii) is amended
by striking ``section 101(6)'' and inserting ``section
101(7)'' and by striking ``1752(6)'' and inserting
``1752(7)''.
(6) Paragraph (1) of section 1917(b) of the Energy Policy
Act of 1992 shall be applied as if ``at a rate'' appeared
instead of ``at the rate'' in the material proposed to be
stricken.
(7) Paragraph (2) of section 1921(b) of the Energy Policy
Act of 1992 shall be applied as if a comma appeared after
``(2)'' in the material proposed to be stricken.
(8) Subsection (a) of section 1937 of the Energy Policy Act
of 1992 shall be applied as if ``Subpart B'' appeared instead
of ``Subpart C''.
(k) Treatment of Qualified Football Coaches Plan.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986, a qualified football coaches plan--
(A) shall be treated as a multiemployer collectively
bargained plan, and
(B) notwithstanding section 401(k)(4)(B) of such Code, may
include a qualified cash and deferred arrangement under
section 401(k) of such Code.
(2) Qualified football coaches plan.--For purposes of this
subsection, the term ``qualified football coaches plan''
means any defined contribution plan which is established and
maintained by an organization--
(A) which is described in section 501(c) of such Code,
(B) the membership of which consists entirely of
individuals who primarily coach football as full-time
employees of 4-year colleges or universities described in
section 170(b)(1)(A)(ii) of such Code, and
(C) which was in existence on September 18, 1986.
(3) Effective date.--This subsection shall apply to years
beginning after December 22, 1987.
(l) Determination of Unrecovered Investment in Annuity
Contract.--
(1) In general.--Subparagraph (A) of section 72(b)(4) is
amended by inserting ``(determined without regard to
subsection (c)(2))'' after ``contract''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 1122(c) of the Tax Reform Act of 1986.
(m) Modifications to Election To Include Child's Income on
Parent's Return.--
(1) Eligibility for election.--Clause (ii) of section
1(g)(7)(A) (relating to election to include certain unearned
income of child on parent's return) is amended to read as
follows:
``(ii) such gross income is more than the amount described
in paragraph (4)(A)(ii)(I) and less than 10 times the amount
so described,''.
(2) Computation of tax.--Subparagraph (B) of section
1(g)(7) (relating to income included on parent's return) is
amended--
(A) by striking ``$1,000'' in clause (i) and inserting
``twice the amount described in paragraph (4)(A)(ii)(I)'',
and
(B) by amending subclause (II) of clause (ii) to read as
follows:
``(II) for each such child, 15 percent of the lesser of the
amount described in paragraph (4)(A)(ii)(I) or the excess of
the gross income of such child over the amount so described,
and''.
(3) Minimum tax.--Subparagraph (B) of section 59(j)(1) is
amended by striking ``$1,000'' and inserting ``twice the
amount in effect for the taxable year under section
63(c)(5)(A)''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
1995.
(n) Treatment of Certain Veterans' Reemployment Rights.--
(1) In general.--Section 414 is amended by adding at the
end the following new subsection:
``(u) Special Rules Relating to Veterans' Reemployment
Rights Under USERRA.--
``(1) Treatment of certain contributions made pursuant to
veterans' reemployment rights.--If any contribution is made
by an employer or an employee under an individual account
plan with respect to an employee, or by an employee to a
defined benefit plan that provides for employee
contributions, and such contribution is required by reason of
such employee's rights under chapter 43 of title 38, United
States Code, resulting from qualified military service,
then--
``(A) such contribution shall not be subject to any
otherwise applicable limitation contained in section 402(g),
402(h), 403(b), 404(a), 404(h), 408, 415, or 457, and shall
not be taken into account in applying such limitations to
other contributions or benefits under such plan or any other
plan, with respect to the year in which the contribution is
made,
``(B) such contribution shall be subject to the limitations
referred to in subparagraph (A) with respect to the year to
which the contribution relates (in accordance with rules
prescribed by the Secretary), and
``(C) such plan shall not be treated as failing to meet the
requirements of section 401(a)(4), 401(a)(26), 401(k)(3),
401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k)(3),
408(k)(6), 408(p), 410(b), or 416 by reason of the making of
(or the right to make) such contribution.
For purposes of the preceding sentence, any elective deferral
or employee contribution made under paragraph (2) shall be
treated as required by reason of the employee's rights under
such chapter 43.
``(2) Reemployment rights under userra with respect to
elective deferrals.--
``(A) In general.--For purposes of this subchapter and
section 457, if an employee is entitled to the benefits of
chapter 43 of title 38, United States Code, with respect to
any plan which provides for elective deferrals, the employer
sponsoring the plan shall be treated as meeting the
requirements of such chapter 43 with respect to such elective
deferrals only if such employer--
``(i) permits such employee to make additional elective
deferrals under such plan (in the amount determined under
subparagraph (B) or such lesser amount as is elected by the
employee) during the period which begins on the date of the
reemployment of such employee with such employer and has the
same length as the lesser of--
``(I) the product of 3 and the period of qualified military
service which resulted in such rights, and
``(II) 5 years, and
``(ii) makes a matching contribution with respect to any
additional elective deferral made pursuant to clause (i)
which would have been required had such deferral actually
been made during the period of such qualified military
service.
``(B) Amount of makeup required.--The amount determined
under this subparagraph with respect to any plan is the
maximum amount of the elective deferrals that the individual
would have been permitted to make under the plan in
accordance with the limitations referred to in paragraph
(1)(A) during the period of qualified military service if the
individual had continued to be employed by the employer
during such period and received compensation as determined
under paragraph (7). Proper adjustment shall be made to the
amount determined under the preceding sentence for any
elective deferrals actually made during the period of such
qualified military service.
``(C) Elective deferral.--For purposes of this paragraph,
the term `elective deferral' has the meaning given such term
by section 402(g)(3); except that such term shall include any
deferral of compensation under an eligible deferred
compensation plan (as defined in section 457(b)).
``(D) After-tax employee contributions.--References in
subparagraphs (A) and (B) to elective deferrals shall be
treated as including references to employee contributions.
``(3) Certain retroactive adjustments not required.--For
purposes of this sub
[[Page 2084]]
chapter and subchapter E, no provision of chapter 43 of title
38, United States Code, shall be construed as requiring--
``(A) any crediting of earnings to an employee with respect
to any contribution before such contribution is actually
made, or
``(B) any allocation of any forfeiture with respect to the
period of qualified military service.
``(4) Loan repayment suspensions permitted.--If any plan
suspends the obligation to repay any loan made to an employee
from such plan for any part of any period during which such
employee is performing service in the uniformed services (as
defined in chapter 43 of title 38, United States Code),
whether or not qualified military service, such suspension
shall not be taken into account for purposes of section
72(p), 401(a), or 4975(d)(1).
``(5) Qualified military service.--For purposes of this
subsection, the term `qualified military service' means any
service in the uniformed services (as defined in chapter 43
of title 38, United States Code) by any individual if such
individual is entitled to reemployment rights under such
chapter with respect to such service.
``(6) Individual account plan.--For purposes of this
subsection, the term `individual account plan' means any
defined contribution plan (including any tax-sheltered
annuity plan under section 403(b), any simplified employee
pension under section 408(k), any qualified salary reduction
arrangement under section 408(p), and any eligible deferred
compensation plan (as defined in section 457(b)).
``(7) Compensation.--For purposes of sections 403(b)(3),
415(c)(3), and 457(e)(5), an employee who is in qualified
military service shall be treated as receiving compensation
from the employer during such period of qualified military
service equal to--
``(A) the compensation the employee would have received
during such period if the employee were not in qualified
military service, determined based on the rate of pay the
employee would have received from the employer but for
absence during the period of qualified military service, or
``(B) if the compensation the employee would have received
during such period was not reasonably certain, the employee's
average compensation from the employer during the 12-month
period immediately preceding the qualified military service
(or, if shorter, the period of employment immediately
preceding the qualified military service).
``(8) USERRA requirements for qualified retirement plans.--
For purposes of this subchapter and section 457, an employer
sponsoring a retirement plan shall be treated as meeting the
requirements of chapter 43 of title 38, United States Code,
only if each of the following requirements is met:
``(A) An individual reemployed under such chapter is
treated with respect to such plan as not having incurred a
break in service with the employer maintaining the plan by
reason of such individual's period of qualified military
service.
``(B) Each period of qualified military service served by
an individual is, upon reemployment under such chapter,
deemed with respect to such plan to constitute service with
the employer maintaining the plan for the purpose of
determining the nonforfeitability of the individual's accrued
benefits under such plan and for the purpose of determining
the accrual of benefits under such plan.
``(C) An individual reemployed under such chapter is
entitled to accrued benefits that are contingent on the
making of, or derived from, employee contributions or
elective deferrals only to the extent the individual makes
payment to the plan with respect to such contributions or
deferrals. No such payment may exceed the amount the
individual would have been permitted or required to
contribute had the individual remained continuously employed
by the employer throughout the period of qualified military
service. Any payment to such plan shall be made during the
period beginning with the date of reemployment and whose
duration is 3 times the period of the qualified military
service (but not greater than 5 years).
``(9) Plans not subject to title 38.--This subsection shall
not apply to any retirement plan to which chapter 43 of title
38, United States Code, does not apply.
``(10) References.--For purposes of this section, any
reference to chapter 43 of title 38, United States Code,
shall be treated as a reference to such chapter as in effect
on December 12, 1994 (without regard to any subsequent
amendment).''.
(2) Amendment to erisa.--Section 408(b)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1148(b)) is
amended by adding at the end the following new sentence: ``A
loan made by a plan shall not fail to meet the requirements
of the preceding sentence by reason of a loan repayment
suspension described under section 414(u)(4) of the Internal
Revenue Code of 1986.''
(3) Effective date.--The amendments made by this subsection
shall be effective as of December 12, 1994.
(o) Reporting of Real Estate Transactions.--
(1) In general.--Paragraph (3) of section 6045(e) (relating
to prohibition of separate charge for filing return) is
amended by adding at the end the following new sentence:
``Nothing in this paragraph shall be construed to prohibit
the real estate reporting person from taking into account its
cost of complying with such requirement in establishing its
charge (other than a separate charge for complying with such
requirement) to any customer for performing services in the
case of a real estate transaction.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 1015(e)(2)(A) of
the Technical and Miscellaneous Revenue Act of 1988.
(p) Clarification of Denial of Deduction for Stock
Redemption Expenses.
(1) In general.--Paragraph (1) of section 162(k) is amended
by striking ``the redemption of its stock'' and inserting
``the reacquisition of its stock or of the stock of any
related person (as defined in section 465(b)(3)(C))''.
(2) Certain deductions permitted.--Subparagraph (A) of
section 162(k)(2) is amended by striking ``or'' at the end of
clause (i), by redesignating clause (ii) as clause (iii), and
by inserting after clause (i) the following new clause:
``(ii) deduction for amounts which are properly allocable
to indebtedness and amortized over the term of such
indebtedness, or''.
(3) Clerical amendment.--The subsection heading for
subsection (k) of section 162 is amended by striking
``Redemption'' and inserting ``Reacquisition''.
(4) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this subsection shall apply to amounts
paid or incurred after September 13, 1995, in taxable years
ending after such date.
(B) Paragraph (2).--The amendment made by paragraph (2)
shall take effect as if included in the amendment made by
section 613 of the Tax Reform Act of 1986.
(q) Clerical Amendment to Section 404.--
(1) In general.--Paragraph (1) of section 404(j) is amended
by striking ``(10)'' and inserting ``(9)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 713(d)(4)(A) of the Deficit Reduction Act of 1984.
(r) Passive Income Not To Include FSC Income, Etc.--
(1) In general.--Paragraph (2) of section 1296(b) is
amended by striking ``or'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, or'', and by inserting after subparagraph (C)
the following new subparagraph:
``(D) which is foreign trade income of a FSC or export
trade income of an export trade corporation (as defined in
section 971).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the amendments made by
section 1235 of the Tax Reform Act of 1986.
(s) Technical Correction of Intermediate Sanctions
Provisions.--
(1) Subparagraph (C) of section 6652(c)(1) is amended by
striking ``$10'' and inserting ``$20'', and by striking
``$5,000'' and inserting ``$10,000''.
(2) Subparagraph (D) of section 6652(c)(1) is amended by
striking ``$10'' and inserting ``$20''.
(t) Miscellaneous Clerical Amendments.--
(1) Subclause (II) of section 56(g)(4)(C)(ii) is amended by
striking ``of the subclause'' and inserting ``of subclause''.
(2) Paragraph (2) of section 72(m) is amended by inserting
``and'' at the end of subparagraph (A), by striking
subparagraph (B), and by redesignating subparagraph (C) as
subparagraph (B).
(3) Paragraph (2) of section 86(b) is amended by striking
``adusted'' and inserting ``adjusted''.
(4)(A) The heading for section 112 is amended by striking
``COMBAT PAY'' and inserting ``COMBAT ZONE COMPENSATION''.
(B) The item relating to section 112 in the table of
sections for part III of subchapter B of chapter 1 is amended
by striking ``combat pay'' and inserting ``combat zone
compensation''.
(C) Paragraph (1) of section 3401(a) is amended by striking
``combat pay'' and inserting ``combat zone compensation''.
(5) Clause (i) of section 172(h)(3)(B) is amended by
striking the comma at the end thereof and inserting a period.
(6) Clause (ii) of section 543(a)(2)(B) is amended by
striking ``section 563(c)'' and inserting ``section 563(d)''.
(7) Paragraph (1) of section 958(a) is amended by striking
``sections 955(b)(1) (A) and (B), 955(c)(2)(A)(ii), and
960(a)(1)'' and inserting ``section 960(a)(1)''.
(8) Subsection (g) of section 642 is amended by striking
``under 2621(a)(2)'' and inserting ``under section
2621(a)(2)''.
(9) Section 1463 is amended by striking ``this subsection''
and inserting ``this section''.
(10) Subsection (k) of section 3306 is amended by inserting
a period at the end thereof.
(11) The item relating to section 4472 in the table of
sections for subchapter B of chapter 36 is amended by
striking ``and special rules''.
(12) Paragraph (3) of section 5134(c) is amended by
striking ``section 6662(a)'' and inserting ``section
6665(a)''.
(13) Paragraph (2) of section 5206(f) is amended by
striking ``section 5(e)'' and inserting ``section 105(e)''.
(14) Paragraph (1) of section 6050B(c) is amended by
striking ``section 85(c)'' and inserting ``section 85(b)''.
(15) Subsection (k) of section 6166 is amended by striking
paragraph (6).
(16) Subsection (e) of section 6214 is amended to read as
follows:
``(e) Cross Reference.--
[[Page 2085]]
``For provision giving Tax Court jurisdiction to order a refund of an
overpayment and to award sanctions, see section 6512(b)(2).''.
(17) The section heading for section 6043 is amended by
striking the semicolon and inserting a comma.
(18) The item relating to section 6043 in the table of
sections for subpart B of part III of subchapter A of chapter
61 is amended by striking the semicolon and inserting a
comma.
(19) The table of sections for part I of subchapter A of
chapter 68 is amended by striking the item relating to
section 6662.
(20)(A) Section 7232 is amended--
(i) by striking ``LUBRICATING OIL,'' in the heading, and
(ii) by striking ``lubricating oil,'' in the text.
(B) The table of sections for part II of subchapter A of
chapter 75 is amended by striking ``lubricating oil,'' in the
item relating to section 7232.
(21) Paragraph (1) of section 6701(a) of the Omnibus Budget
Reconciliation Act of 1989 is amended by striking ``subclause
(IV)'' and inserting ``subclause (V)''.
(22) Clause (ii) of section 7304(a)(2)(D) of such Act is
amended by striking ``subsection (c)(2)'' and inserting
``subsection (c)''.
(23) Paragraph (1) of section 7646(b) of such Act is
amended by striking ``section 6050H(b)(1)'' and inserting
``section 6050H(b)(2)''.
(24) Paragraph (10) of section 7721(c) of such Act is
amended by striking ``section 6662(b)(2)(C)(ii)'' and
inserting ``section 6661(b)(2)(C)(ii)''.
(25) Subparagraph (A) of section 7811(i)(3) of such Act is
amended by inserting ``the first place it appears'' before
``in clause (i)''.
(26) Paragraph (10) of section 7841(d) of such Act is
amended by striking ``section 381(a)'' and inserting
``section 381(c)''.
(27) Paragraph (2) of section 7861(c) of such Act is
amended by inserting ``the second place it appears'' before
``and inserting''.
(28) Paragraph (1) of section 460(b) is amended by striking
``the look-back method of paragraph (3)'' and inserting ``the
look-back method of paragraph (2)''.
(29) Subparagraph (C) of section 50(a)(2) is amended by
striking ``subsection (c)(4)'' and inserting ``subsection
(d)(5)''.
(30) Subparagraph (B) of section 172(h)(4) is amended by
striking the material following the heading and preceding
clause (i) and inserting ``For purposes of subsection
(b)(2)--''.
(31) Subparagraph (A) of section 355(d)(7) is amended by
inserting ``section'' before ``267(b)''.
(32) Subparagraph (C) of section 420(e)(1) is amended by
striking ``mean'' and inserting ``means''.
(33) Paragraph (4) of section 537(b) is amended by striking
``section 172(i)'' and inserting ``section 172(f)''.
(34) Subparagraph (B) of section 613(e)(1) is amended by
striking the comma at the end thereof and inserting a period.
(35) Paragraph (4) of section 856(a) is amended by striking
``section 582(c)(5)'' and inserting ``section 582(c)(2)''.
(36) Sections 904(f)(2)(B)(i) and 907(c)(4)(B)(iii) are
each amended by inserting ``(as in effect on the day before
the date of the enactment of the Revenue Reconciliation Act
of 1990)'' after ``section 172(h)''.
(37) Subsection (b) of section 936 is amended by striking
``subparagraphs (D)(ii)(I)'' and inserting ``subparagraphs
(D)(ii)''.
(38) Subsection (c) of section 2104 is amended by striking
``subparagraph (A), (C), or (D) of section 861(a)(1)'' and
inserting ``section 861(a)(1)(A)''.
(39) Subparagraph (A) of section 280A(c)(1) is amended to
read as follows:
``(A) as the principal place of business for any trade or
business of the taxpayer,''.
(40) Section 6038 is amended by redesignating the
subsection relating to cross references as subsection (f).
(41) Clause (iv) of section 6103(e)(1)(A) is amended by
striking all that follows ``provisions of'' and inserting
``section 1(g) or 59(j);''.
(42) The subsection (f) of section 6109 of the Internal
Revenue Code of 1986 which was added by section 2201(d) of
Public Law 101-624 is redesignated as subsection (g).
(43) Subsection (b) of section 7454 is amended by striking
``section 4955(e)(2)'' and inserting ``section 4955(f)(2)''.
(44) Subsection (d) of section 11231 of the Revenue
Reconciliation Act of 1990 shall be applied as if ``comma''
appeared instead of ``period'' and as if the paragraph (9)
proposed to be added ended with a comma.
(45) Paragraph (1) of section 11303(b) of the Revenue
Reconciliation Act of 1990 shall be applied as if
``paragraph'' appeared instead of ``subparagraph'' in the
material proposed to be stricken.
(46) Subsection (f) of section 11701 of the Revenue
Reconciliation Act of 1990 is amended by inserting
``(relating to definitions)'' after ``section 6038(e)''.
(47) Subsection (i) of section 11701 of the Revenue
Reconciliation Act of 1990 shall be applied as if
``subsection'' appeared instead of ``section'' in the
material proposed to be stricken.
(48) Subparagraph (B) of section 11801(c)(2) of the Revenue
Reconciliation Act of 1990 shall be applied as if ``section
56(g)'' appeared instead of ``section 59(g)''.
(49) Subparagraph (C) of section 11801(c)(8) of the Revenue
Reconciliation Act of 1990 shall be applied as if
``reorganizations'' appeared instead of ``reorganization'' in
the material proposed to be stricken.
(50) Subparagraph (H) of section 11801(c)(9) of the Revenue
Reconciliation Act of 1990 shall be applied as if ``section
1042(c)(1)(B)'' appeared instead of ``section
1042(c)(2)(B)''.
(51) Subparagraph (F) of section 11801(c)(12) of the
Revenue Reconciliation Act of 1990 shall be applied as if
``and (3)'' appeared instead of ``and (E)''.
(52) Subparagraph (A) of section 11801(c)(22) of the
Revenue Reconciliation Act of 1990 shall be applied as if
``chapters 21'' appeared instead of ``chapter 21'' in the
material proposed to be stricken.
(53) Paragraph (3) of section 11812(b) of the Revenue
Reconciliation Act of 1990 shall be applied by not executing
the amendment therein to the heading of section 42(d)(5)(B).
(54) Clause (i) of section 11813(b)(9)(A) of the Revenue
Reconciliation Act of 1990 shall be applied as if a comma
appeared after ``(3)(A)(ix)'' in the material proposed to be
stricken.
(55) Subparagraph (F) of section 11813(b)(13) of the
Revenue Reconciliation Act of 1990 shall be applied as if
``tax'' appeared after ``investment'' in the material
proposed to be stricken.
(56) Paragraph (19) of section 11813(b) of the Revenue
Reconciliation Act of 1990 shall be applied as if ``Paragraph
(20) of section 1016(a), as redesignated by section 11801,''
appeared instead of ``Paragraph (21) of section 1016(a)''.
(57) Paragraph (5) section 8002(a) of the Surface
Transportation Revenue Act of 1991 shall be applied as if
``4481(e)'' appeared instead of ``4481(c)''.
(58) Section 7872 is amended--
(A) by striking ``foregone'' each place it appears in
subsections (a) and (e)(2) and inserting ``forgone'', and
(B) by striking ``Foregone'' in the heading for subsection
(e) and the heading for paragraph (2) of subsection (e) and
inserting ``Forgone''.
(59) Paragraph (7) of section 7611(h) is amended by
striking ``approporiate'' and inserting ``appropriate''.
(60) The heading of paragraph (3) of section 419A(c) is
amended by striking ``severence'' and inserting
``severance''.
(61) Clause (ii) of section 807(d)(3)(B) is amended by
striking ``Commissoners' '' and inserting ``Commissioners'
''.
(62) Subparagraph (B) of section 1274A(c)(1) is amended by
striking ``instument'' and inserting ``instrument''.
(63) Subparagraph (B) of section 724(d)(3) by striking
``Subparagaph'' and inserting ``Subparagraph''.
(64) The last sentence of paragraph (2) of section 42(c) is
amended by striking ``of 1988''.
(65) Paragraph (1) of section 9707(d) is amended by
striking ``diligence,'' and inserting ``diligence''.
(66) Subsection (c) of section 4977 is amended by striking
``section 132(i)(2)'' and inserting ``section 132(h)''.
(67) The last sentence of section 401(a)(20) is amended by
striking ``section 211'' and inserting ``section 521''.
(68) Subparagraph (A) of section 402(g)(3) is amended by
striking ``subsection (a)(8)'' and inserting ``subsection
(e)(3)''.
(69) The last sentence of section 403(b)(10) is amended by
striking ``an direct'' and inserting ``a direct''.
(70) Subparagraph (A) of section 4973(b)(1) is amended by
striking ``sections 402(c)'' and inserting ``section
402(c)''.
(71) Paragraph (12) of section 3405(e) is amended by
striking ``(b)(3)'' and inserting ``(b)(2)''.
(72) Paragraph (41) of section 521(b) of the Unemployment
Compensation Amendments of 1992 shall be applied as if
``section'' appeared instead of ``sections'' in the material
proposed to be stricken.
(73) Paragraph (27) of section 521(b) of the Unemployment
Compensation Amendments of 1992 shall be applied as if
``Section 691(c)(5)'' appeared instead of ``Section 691(c)''.
(74) Paragraph (5) of section 860F(a) is amended by
striking ``paragraph (1)'' and inserting ``paragraph (2)''.
(75) Paragraph (1) of section 415(k) is amended by adding
``or'' at the end of subparagraph (C), by striking
subparagraphs (D) and (E), and by redesignating subparagraph
(F) as subparagraph (D).
(76) Paragraph (2) of section 404(a) is amended by striking
``(18),''.
(77) Clause (ii) of section 72(p)(4)(A) is amended to read
as follows:
``(ii) Special rule.--The term `qualified employer plan'
shall include any plan which was (or was determined to be) a
qualified employer plan or a government plan.''.
(78) Sections 461(i)(3)(C) and 1274(b)(3)(B)(i) are each
amended by striking ``section 6662(d)(2)(C)(ii)'' and
inserting ``section 6662(d)(2)(C)(iii)''.
(79) Subsection (a) of section 164 is amended by striking
the paragraphs relating to the generation-skipping tax and
the environmental tax imposed by section 59A and by inserting
after paragraph (3) the following new paragraphs:
``(4) The GST tax imposed on income distributions.
``(5) The environmental tax imposed by section 59A.''.
(80) Subclause (I) of section 936(a)(4)(A)(ii) is amended
by striking ``deprecation'' and inserting ``depreciation''.
Subtitle H--Other Provisions
SEC. 1801. EXEMPTION FROM DIESEL FUEL DYEING REQUIREMENTS
WITH RESPECT TO CERTAIN STATES.
(a) In General.--Section 4082 (relating to exemptions for
diesel fuel) is amended by re
[[Page 2086]]
designating subsections (c) and (d) as subsections (d) and
(e), respectively, and by inserting after subsection (b) the
following new subsection:
``(c) Exception to Dyeing Requirements.--Paragraph (2) of
subsection (a) shall not apply with respect to any diesel
fuel--
``(1) removed, entered, or sold in a State for ultimate
sale or use in an area of such State during the period such
area is exempted from the fuel dyeing requirements under
subsection (i) of section 211 of the Clean Air Act (as in
effect on the date of the enactment of this subsection) by
the Administrator of the Environmental Protection Agency
under paragraph (4) of such subsection (i) (as so in effect),
and
``(2) the use of which is certified pursuant to regulations
issued by the Secretary.''
(b) Effective Date.--The amendments made by this section
shall apply with respect to fuel removed, entered, or sold on
or after the first day of the first calendar quarter
beginning after the date of the enactment of this Act.
SEC. 1802. TREATMENT OF CERTAIN UNIVERSITY ACCOUNTS.
(a) In General.--For purposes of subsection (s) of section
3121 of the Internal Revenue Code of 1986 (relating to
concurrent employment by 2 or more employers)--
(1) the following entities shall be deemed to be related
corporations that concurrently employ the same individual:
(A) a State university which employs health professionals
as faculty members at a medical school, and
(B) an agency account of a State university which is
described in subparagraph (A) and from which there is
distributed to such faculty members payments forming a part
of the compensation that the State, or such State university,
as the case may be, agrees to pay to such faculty members,
but only if--
(i) such agency account is authorized by State law and
receives the funds for such payments from a faculty practice
plan described in section 501(c)(3) of such Code and exempt
from tax under section 501(a) of such Code,
(ii) such payments are distributed by such agency account
to such faculty members who render patient care at such
medical school, and
(iii) such faculty members comprise at least 30 percent of
the membership of such faculty practice plan, and
(2) remuneration which is disbursed by such agency account
to any such faculty member of the medical school described in
paragraph (1)(A) shall be deemed to have been actually
disbursed by the State, or such State university, as the case
may be, as a common paymaster and not to have been actually
disbursed by such agency account.
(b) Effective Date.--The provisions of subsection (a) shall
apply to remuneration paid after December 31, 1996.
SEC. 1803. MODIFICATIONS TO EXCISE TAX ON OZONE-DEPLETING
CHEMICALS.
(a) Recycled Halon.--
(1) In general.--Section 4682(d)(1) (relating to recycling)
is amended by inserting ``, or on any recycled halon imported
from any country which is a signatory to the Montreal
Protocol on Substances that Deplete the Ozone Layer'' before
the period at the end.
(2) Certification system.--The Secretary of the Treasury,
after consultation with the Administrator of the
Environmental Protection Agency, shall develop a
certification system to ensure compliance with the recycling
requirement for imported halon under section 4682(d)(1) of
the Internal Revenue Code of 1986, as amended by paragraph
(1).
(b) Chemicals Used as Propellants in Metered-Dose Inhalers
Tax-Exempt.--Paragraph (4) of section 4682(g) (relating to
phase-in of tax on certain substances) is amended to read as
follows:
``(4) Chemicals used as propellants in metered-dose
inhalers.--
``(A) Tax-exempt.--
``(i) In general.--No tax shall be imposed by section 4681
on--
``(I) any use of any substance as a propellant in metered-
dose inhalers, or
``(II) any qualified sale by the manufacturer, producer, or
importer of any substance.
``(ii) Qualified sale.--For purposes of clause (i), the
term `qualified sale' means any sale by the manufacturer,
producer, or importer of any substance--
``(I) for use by the purchaser as a propellant in metered-
dose inhalers, or
``(II) for resale by the purchaser to a 2d purchaser for
such use by the 2d purchaser.
The preceding sentence shall apply only if the manufacturer,
producer, and importer, and the 1st and 2d purchasers (if
any) meet such registration requirements as may be prescribed
by the Secretary.
``(B) Overpayments.--If any substance on which tax was paid
under this subchapter is used by any person as a propellant
in metered-dose inhalers, credit or refund without interest
shall be allowed to such person in an amount equal to the tax
so paid. Amounts payable under the preceding sentence with
respect to uses during the taxable year shall be treated as
described in section 34(a) for such year unless claim thereof
has been timely filed under this subparagraph.''
(c) Effective Dates.--
(1) Recycled halon.--
(A) In general.--Except as provided in subparagraph (B),
the amendment made by subsection (a)(1) shall take effect on
January 1, 1997.
(B) Halon-1211.--In the case of Halon-1211, the amendment
made by subsection (a)(1) shall take effect on January 1,
1998.
(2) Metered-dose inhalers.--The amendment made by
subsection (b) shall take effect on the 7th day after the
date of the enactment of this Act.
SEC. 1804. TAX-EXEMPT BONDS FOR SALE OF ALASKA POWER
ADMINISTRATION FACILITY.
Sections 142(f)(3) (as added by section 1608) and 147(d) of
the Internal Revenue Code of 1986 shall not apply in
determining whether any private activity bond issued after
the date of the enactment of this Act and used to finance the
acquisition of the Snettisham hydroelectric project from the
Alaska Power Administration is a qualified bond for purposes
of such Code.
SEC. 1805. NONRECOGNITION TREATMENT FOR CERTAIN TRANSFERS BY
COMMON TRUST FUNDS TO REGULATED INVESTMENT
COMPANIES.
(a) General Rule.--Section 584 (relating to common trust
funds) is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Nonrecognition Treatment for Certain Transfers to
Regulated Investment Companies.--
``(1) In general.--If--
``(A) a common trust fund transfers substantially all of
its assets to one or more regulated investment companies in
exchange solely for stock in the company or companies to
which such assets are so transferred, and
``(B) such stock is distributed by such common trust fund
to participants in such common trust fund in exchange solely
for their interests in such common trust fund,
no gain or loss shall be recognized by such common trust fund
by reason of such transfer or distribution, and no gain or
loss shall be recognized by any participant in such common
trust fund by reason of such exchange.
``(2) Basis rules.--
``(A) Regulated investment company.--The basis of any asset
received by a regulated investment company in a transfer
referred to in paragraph (1)(A) shall be the same as it would
be in the hands of the common trust fund.
``(B) Participants.--The basis of the stock which is
received in an exchange referred to in paragraph (1)(B) shall
be the same as that of the property exchanged. If stock in
more than one regulated investment company is received in
such exchange, the basis determined under the preceding
sentence shall be allocated among the stock in each such
company on the basis of respective fair market values.
``(3) Treatment of assumptions of liability.--
``(A) In general.--In determining whether the transfer
referred to in paragraph (1)(A) is in exchange solely for
stock in one or more regulated investment companies, the
assumption by any such company of a liability of the common
trust fund, and the fact that any property transferred by the
common trust fund is subject to a liability, shall be
disregarded.
``(B) Special rule where assumed liabilities exceed
basis.--
``(i) In general.--If, in any transfer referred to in
paragraph (1)(A), the assumed liabilities exceed the
aggregate adjusted bases (in the hands of the common trust
fund) of the assets transferred to the regulated investment
company or companies--
``(I) notwithstanding paragraph (1), gain shall be
recognized to the common trust fund on such transfer in an
amount equal to such excess,
``(II) the basis of the assets received by the regulated
investment company or companies in such transfer shall be
increased by the amount so recognized, and
``(III) any adjustment to the basis of a participant's
interest in the common trust fund as a result of the gain so
recognized shall be treated as occurring immediately before
the exchange referred to in paragraph (1)(B).
If the transfer referred to in paragraph (1)(A) is to two or
more regulated investment companies, the basis increase under
subclause (II) shall be allocated among such companies on the
basis of the respective fair market values of the assets
received by each of such companies.
``(ii) Assumed liabilities.--For purposes of clause (i),
the term `assumed liabilities' means the aggregate of--
``(I) any liability of the common trust fund assumed by any
regulated investment company in connection with the transfer
referred to in paragraph (1)(A), and
``(II) any liability to which property so transferred is
subject.
``(4) Common trust fund must meet diversification rules.--
This subsection shall not apply to any common trust fund
which would not meet the requirements of section
368(a)(2)(F)(ii) if it were a corporation. For purposes of
the preceding sentence, Government securities shall not be
treated as securities of an issuer in applying the 25-percent
and 50-percent test and such securities shall not be excluded
for purposes of determining total assets under clause (iv) of
section 368(a)(2)(F).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to transfers after December 31, 1995.
SEC. 1806. QUALIFIED STATE TUITION PROGRAMS.
(a) In General.--Subchapter F of chapter 1 (relating to
exempt organizations) is amended by adding at the end the
following new part:
[[Page 2087]]
``PART VIII--QUALIFIED STATE TUITION PROGRAMS
``Sec. 529. Qualified State tuition programs.
``SEC. 529. QUALIFIED STATE TUITION PROGRAMS.
``(a) General Rule.--A qualified State tuition program
shall be exempt from taxation under this subtitle.
Notwithstanding the preceding sentence, such program shall be
subject to the taxes imposed by section 511 (relating to
imposition of tax on unrelated business income of charitable
organizations).
``(b) Qualified State Tuition Program.--For purposes of
this section--
``(1) In general.--The term `qualified State tuition
program' means a program established and maintained by a
State or agency or instrumentality thereof--
``(A) under which a person--
``(i) may purchase tuition credits or certificates on
behalf of a designated beneficiary which entitle the
beneficiary to the waiver or payment of qualified higher
education expenses of the beneficiary, or
``(ii) may make contributions to an account which is
established for the purpose of meeting the qualified higher
education expenses of the designated beneficiary of the
account, and
``(B) which meets the other requirements of this
subsection.
``(2) Cash contributions.--A program shall not be treated
as a qualified State tuition program unless it provides that
purchases or contributions may only be made in cash.
``(3) Refunds.--A program shall not be treated as a
qualified State tuition program unless it imposes a more than
de minimis penalty on any refund of earnings from the account
which are not--
``(A) used for qualified higher education expenses of the
designated beneficiary,
``(B) made on account of the death or disability of the
designated beneficiary, or
``(C) made on account of a scholarship (or allowance or
payment described in section 135(d)(1) (B) or (C)) received
by the designated beneficiary to the extent the amount of the
refund does not exceed the amount of the scholarship,
allowance, or payment.
``(4) Separate accounting.--A program shall not be treated
as a qualified State tuition program unless it provides
separate accounting for each designated beneficiary.
``(5) No investment direction.--A program shall not be
treated as a qualified State tuition program unless it
provides that any contributor to, or designated beneficiary
under, such program may not direct the investment of any
contributions to the program (or any earnings thereon).
``(6) No pledging of interest as security.--A program shall
not be treated as a qualified State tuition program if it
allows any interest in the program or any portion thereof to
be used as security for a loan.
``(7) Prohibition on excess contributions.--A program shall
not be treated as a qualified State tuition program unless it
provides adequate safeguards to prevent contributions on
behalf of a designated beneficiary in excess of those
necessary to provide for the qualified higher education
expenses of the beneficiary.
``(c) Tax Treatment of Designated Beneficiaries and
Contributors.--
``(1) In general.--Except as otherwise provided in this
subsection, no amount shall be includible in gross income
of--
``(A) a designated beneficiary under a qualified State
tuition program, or
``(B) a contributor to such program on behalf of a
designated beneficiary,
with respect to any distribution or earnings under such
program.
``(2) Contributions.--In no event shall a contribution to a
qualified State tuition program on behalf of a designated
beneficiary be treated as a taxable gift for purposes of
chapter 12.
``(3) Distributions.--
``(A) In general.--Any distribution under a qualified State
tuition program shall be includible in the gross income of
the distributee in the manner as provided under section 72 to
the extent not excluded from gross income under any other
provision of this chapter.
``(B) In-kind distributions.--Any benefit furnished to a
designated beneficiary under a qualified State tuition
program shall be treated as a distribution to the
beneficiary.
``(C) Change in beneficiaries.--
``(i) Rollovers.--Subparagraph (A) shall not apply to that
portion of any distribution which, within 60 days of such
distribution, is transferred to the credit of another
designated beneficiary under a qualified State tuition
program who is a member of the family of the designated
beneficiary with respect to which the distribution was made.
``(ii) Change in designated beneficiaries.--Any change in
the designated beneficiary of an interest in a qualified
State tuition program shall not be treated as a distribution
for purposes of subparagraph (A) if the new beneficiary is a
member of the family of the old beneficiary.
``(D) Operating rules.--For purposes of applying section
72--
``(i) to the extent provided by the Secretary, all
qualified State tuition programs of which an individual is a
designated beneficiary shall be treated as one program,
``(ii) all distributions during a taxable year shall be
treated as one distribution, and
``(iii) the value of the contract, income on the contract,
and investment in the contract shall be computed as of the
close of the calendar year in which the taxable year begins.
``(4) Estate tax inclusion.--The value of any interest in
any qualified State tuition program which is attributable to
contributions made by an individual to such program on behalf
of any designated beneficiary shall be includible in the
gross estate of the contributor for purposes of chapter 11.
``(5) Special rule for applying section 2503(e).--For
purposes of section 2503(e), the waiver (or payment to an
educational institution) of qualified higher education
expenses of a designated beneficiary under a qualified State
tuition program shall be treated as a qualified transfer.
``(d) Reporting Requirements.--
``(1) In general.--If there is a distribution to any
individual with respect to an interest in a qualified State
tuition program during any calendar year, each officer or
employee having control of the qualified State tuition
program or their designee shall make such reports as the
Secretary may require regarding such distribution to the
Secretary and to the designated beneficiary or the individual
to whom the distribution was made. Any such report shall
include such information as the Secretary may prescribe.
``(2) Timing of reports.--Any report required by this
subsection--
``(A) shall be filed at such time and in such matter as the
Secretary prescribes, and
``(B) shall be furnished to individuals not later than
January 31 of the calendar year following the calendar year
to which such report relates.
``(e) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Designated beneficiary.--The term `designated
beneficiary' means--
``(A) the individual designated at the commencement of
participation in the qualified State tuition program as the
beneficiary of amounts paid (or to be paid) to the program,
``(B) in the case of a change in beneficiaries described in
subsection (c)(2)(C), the individual who is the new
beneficiary, and
``(C) in the case of an interest in a qualified State
tuition program purchased by a State or local government or
an organization described in section 501(c)(3) and exempt
from taxation under section 501(a) as part of a scholarship
program operated by such government or organization, the
individual receiving such interest as a scholarship.
``(2) Member of family.--The term `member of the family'
has the same meaning given such term as section 2032A(e)(2).
``(3) Qualified higher education expenses.--The term
`qualified higher education expenses' means tuition, fees,
books, supplies, and equipment required for the enrollment or
attendance of a designated beneficiary at an eligible
educational institution (as defined in section 135(c)(3)).
``(4) Application of section 514.--An interest in a
qualified State tuition program shall not be treated as debt
for purposes of section 514.''.
(b) Conforming Amendments.--
(1) Section 135(d)(1) is amended by striking ``or'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(D) a payment, waiver, or reimbursement of qualified
higher education expenses under a qualified State tuition
program (within the meaning of section 529(b)).''
(2) The table of parts for subchapter F of chapter 1 is
amended by adding at the end the following new item:
``Part VIII. Qualified State tuition programs.''
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment
of this Act.
(2) Transition rule.--If--
(A) a State or agency or instrumentality thereof maintains,
on the date of the enactment of this Act, a program under
which persons may purchase tuition credits or certificates on
behalf of, or make contributions for education expenses of, a
designated beneficiary, and
(B) such program meets the requirements of a qualified
State tuition program before the later of--
(i) the date which is 1 year after such date of enactment,
or
(ii) the first day of the first calendar quarter after the
close of the first regular session of the State legislature
that begins after such date of enactment,
the amendments made by this section shall apply to
contributions (and earnings allocable thereto) made before
the date such program meets the requirements of such
amendments without regard to whether any requirements of such
amendments are met with respect to such contributions and
earnings.
For purposes of subparagraph (B)(ii), if a State has a 2-year
legislative session, each year of such session shall be
deemed to be a separate regular session of the State
legislature.
SEC. 1807. ADOPTION ASSISTANCE.
(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 (relating to nonrefundable personal credits) is
amended by inserting after section 22 the following new
section:
``SEC. 23. ADOPTION EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter the amount of the qualified adoption expenses paid or
incurred by the taxpayer.
``(2) Year credit allowed.--The credit under paragraph (1)
with respect to any expense shall be allowed--
[[Page 2088]]
``(A) for the taxable year following the taxable year
during which such expense is paid or incurred, or
``(B) in the case of an expense which is paid or incurred
during the taxable year in which the adoption becomes final,
for such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
adoption expenses which may be taken into account under
subsection (a) for all taxable years with respect to the
adoption of a child by the taxpayer shall not exceed $5,000
($6,000, in the case of a child with special needs).
``(2) Income limitation.--
``(A) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as--
``(i) the amount (if any) by which the taxpayer's adjusted
gross income exceeds $75,000, bears to
``(ii) $40,000.
``(B) Determination of adjusted gross income.--For purposes
of subparagraph (A), adjusted gross income shall be
determined--
``(i) without regard to sections 911, 931, and 933, and
``(ii) after the application of sections 86, 135, 137, 219,
and 469.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowed under any other provision of this chapter.
``(B) Grants.--No credit shall be allowed under subsection
(a) for any expense to the extent that funds for such expense
are received under any Federal, State, or local program.
``(c) Carryforwards of Unused Credit.--If the credit
allowable under subsection (a) for any taxable year exceeds
the limitation imposed by section 26(a) for such taxable year
reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be
carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year.
No credit may be carried forward under this subsection to any
taxable year following the fifth taxable year after the
taxable year in which the credit arose. For purposes of the
preceding sentence, credits shall be treated as used on a
first-in first-out basis.
``(d) Definitions.--For purposes of this section--
``(1) Qualified adoption expenses.--The term `qualified
adoption expenses' means reasonable and necessary adoption
fees, court costs, attorney fees, and other expenses--
``(A) which are directly related to, and the principal
purpose of which is for, the legal adoption of an eligible
child by the taxpayer,
``(B) which are not incurred in violation of State or
Federal law or in carrying out any surrogate parenting
arrangement,
``(C) which are not expenses in connection with the
adoption by an individual of a child who is the child of such
individual's spouse, and
``(D) which are not reimbursed under an employer program or
otherwise.
``(2) Eligible child.--The term `eligible child' means any
individual--
``(A) who--
``(i) has not attained age 18, or
``(ii) is physically or mentally incapable of caring for
himself, and
``(B) in the case of qualified adoption expenses paid or
incurred after December 31, 2001, who is a child with special
needs.
``(3) Child with special needs.--The term `child with
special needs' means any child if--
``(A) a State has determined that the child cannot or
should not be returned to the home of his parents,
``(B) such State has determined that there exists with
respect to the child a specific factor or condition (such as
his ethnic background, age, or membership in a minority or
sibling group, or the presence of factors such as medical
conditions or physical, mental, or emotional handicaps)
because of which it is reasonable to conclude that such child
cannot be placed with adoptive parents without providing
adoption assistance, and
``(C) such child is a citizen or resident of the United
States (as defined in section 217(h)(3)).
``(e) Special Rules for Foreign Adoptions.--In the case
of an adoption of a child who is not a citizen or resident of
the United States (as defined in section 217(h)(3))--
``(1) subsection (a) shall not apply to any qualified
adoption expense with respect to such adoption unless such
adoption becomes final, and
``(2) any such expense which is paid or incurred before the
taxable year in which such adoption becomes final shall be
taken into account under this section as if such expense were
paid or incurred during such year.
``(f) Filing Requirements.--
``(1) Married couples must file joint returns.--Rules
similar to the rules of paragraphs (2), (3), and (4) of
section 21(e) shall apply for purposes of this section.
``(2) Taxpayer must include tin.--
``(A) In general.--No credit shall be allowed under this
section with respect to any eligible child unless the
taxpayer includes (if known) the name, age, and TIN of such
child on the return of tax for the taxable year.
``(B) Other methods.--The Secretary may, in lieu of the
information referred to in subparagraph (A), require other
information meeting the purposes of subparagraph (A),
including identification of an agent assisting with the
adoption.
``(g) Basis Adjustments.--For purposes of this subtitle, if
a credit is allowed under this section for any expenditure
with respect to any property, the increase in the basis of
such property which would (but for this subsection) result
from such expenditure shall be reduced by the amount of the
credit so allowed.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out this section
and section 137, including regulations which treat unmarried
individuals who pay or incur qualified adoption expenses with
respect to the same child as 1 taxpayer for purposes of
applying the dollar limitation in subsection (b)(1) of this
section and in section 137(b)(1).''
(b) Exclusion of Amounts Received Under Employer's Adoption
Assistance Programs.--Part III of subchapter B of chapter 1
(relating to items specifically excluded from gross income)
is amended by redesignating section 137 as section 138 and by
inserting after section 136 the following new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not
include amounts paid or expenses incurred by the employer for
qualified adoption expenses in connection with the adoption
of a child by an employee if such amounts are furnished
pursuant to an adoption assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the adoption of a child by the taxpayer shall
not exceed $5,000 ($6,000, in the case of a child with
special needs).
``(2) Income limitation.--The amount excludable from gross
income under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the
same ratio to the amount so excludable (determined without
regard to this paragraph but with regard to paragraph (1))
as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $75,000, bears to
``(B) $40,000.
``(3) Determination of adjusted gross income.--For purposes
of paragraph (2), adjusted gross income shall be determined--
``(A) without regard to this section and sections 911, 931,
and 933, and
``(B) after the application of sections 86, 135, 219, and
469.
``(c) Adoption Assistance Program.--For purposes of this
section, an adoption assistance program is a separate written
plan of an employer for the exclusive benefit of such
employer's employees--
``(1) under which the employer provides such employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), (5), and (6) of section 127(b).
An adoption reimbursement program operated under section 1052
of title 10, United States Code (relating to armed forces) or
section 514 of title 14, United States Code (relating to
members of the Coast Guard) shall be treated as an adoption
assistance program for purposes of this section.
``(d) Qualified Adoption Expenses.--For purposes of this
section, the term `qualified adoption expenses' has the
meaning given such term by section 23(d) (determined without
regard to reimbursements under this section).
``(e) Certain Rules To Apply.--Rules similar to the rules
of subsections (e), (f), and (g) of section 23 shall apply
for purposes of this section.
``(f) Termination.--This section shall not apply to amounts
paid or expenses incurred after December 31, 2001.''
(c) Conforming Amendments.--
(1) Subparagraph (C) of section 25(e)(1) is amended by
inserting ``and section 23'' after ``this section''.
(2) Sections 86(b)(2)(A) and 135(c)(4)(A) are each amended
by inserting ``137,'' before ``911''.
(3) Clause (i) of section 219(g)(3)(A) is amended by
inserting ``, 137,'' before ``and 911''.
(4) Clause (ii) of section 469(i)(3)(E) is amended to read
as follows:
``(ii) the amounts excludable from gross income under
sections 135 and 137,''.
(5) Subsection (a) of section 1016 is amended by striking
``and'' at the end of paragraph (24), by striking the period
at the end of paragraph (25) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(26) to the extent provided in sections 23(g) and
137(e).''
(6) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 22 the following new item:
``Sec. 23. Adoption expenses.''
(7) The table of sections for part III of subchapter B of
chapter 1 is amended by striking the item relating to section
137 and inserting the following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other Acts.''
(d) Study and Report.--The Secretary of the Treasury
shall study the effect on adoptions of the tax credit and
gross income exclusion established by the amendments made
[[Page 2089]]
by this section and shall submit a report regarding the study
to the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives not later
than January 1, 2000.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1996.
SEC. 1808. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.
(a) State Plan Requirements.--Section 471(a) of the Social
Security Act (42 U.S.C 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following:
``(18) not later than January 1, 1997, provides that
neither the State nor any other entity in the State that
receives funds from the Federal Government and is involved in
adoption or foster care placements may--
``(A) deny to any person the opportunity to become an
adoptive or a foster parent, on the basis of the race, color,
or national origin of the person, or of the child, involved;
or
``(B) delay or deny the placement of a child for adoption
or into foster care, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.''.
(b) Enforcement.--Section 474 of such Act (42 U.S.C. 674)
is amended by adding at the end the following:
``(d)(1) If, during any quarter of a fiscal year, a State's
program operated under this part is found, as a result of a
review conducted under section 1123A, or otherwise, to have
violated section 471(a)(18) with respect to a person or to
have failed to implement a corrective action plan within a
period of time not to exceed 6 months with respect to such
violation, then, notwithstanding subsection (a) of this
section and any regulations promulgated under section
1123A(b)(3), the Secretary shall reduce the amount otherwise
payable to the State under this part, for that fiscal year
quarter and for any subsequent quarter of such fiscal year,
until the State program is found, as a result of a subsequent
review under section 1123A, to have implemented a corrective
action plan with respect to such violation, by--
``(A) 2 percent of such otherwise payable amount, in the
case of the 1st such finding for the fiscal year with respect
to the State;
``(B) 3 percent of such otherwise payable amount, in the
case of the 2nd such finding for the fiscal year with respect
to the State; or
``(C) 5 percent of such otherwise payable amount, in the
case of the 3rd or subsequent such finding for the fiscal
year with respect to the State.
In imposing the penalties described in this paragraph, the
Secretary shall not reduce any fiscal year payment to a State
by more than 5 percent.
``(2) Any other entity which is in a State that receives
funds under this part and which violates section 471(a)(18)
during a fiscal year quarter with respect to any person shall
remit to the Secretary all funds that were paid by the State
to the entity during the quarter from such funds.
``(3)(A) Any individual who is aggrieved by a violation of
section 471(a)(18) by a State or other entity may bring an
action seeking relief from the State or other entity in any
United States district court.
``(B) An action under this paragraph may not be brought
more than 2 years after the date the alleged violation
occurred.
``(4) This subsection shall not be construed to affect the
application of the Indian Child Welfare Act of 1978.''.
(c) Civil Rights.--
(1) Prohibited conduct.--A person or government that is
involved in adoption or foster care placements may not--
(A) deny to any individual the opportunity to become an
adoptive or a foster parent, on the basis of the race, color,
or national origin of the individual, or of the child,
involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.
(2) Enforcement.--Noncompliance with paragraph (1) is
deemed a violation of title VI of the Civil Rights Act of
1964.
(3) No effect on the indian child welfare act of 1978.--
This subsection shall not be construed to affect the
application of the Indian Child Welfare Act of 1978.
(d) Conforming Amendment.--Section 553 of the Howard M.
Metzenbaum Multiethnic Placement Act of 1994 (42 U.S.C.
5115a) is repealed.
SEC. 1809. 6-MONTH DELAY OF ELECTRONIC FUND TRANSFER
REQUIREMENT.
Notwithstanding any other provision of law, the increase in
the applicable required percentages for fiscal year 1997 in
clauses (i)(IV) and (ii)(IV) of section 6302(h)(2)(C) of the
Internal Revenue Code of 1986 shall not take effect before
July 1, 1997.
Subtitle I--Foreign Trust Tax Compliance
SEC. 1901. IMPROVED INFORMATION REPORTING ON FOREIGN TRUSTS.
(a) In General.--Section 6048 (relating to returns as to
certain foreign trusts) is amended to read as follows:
``SEC. 6048. INFORMATION WITH RESPECT TO CERTAIN FOREIGN
TRUSTS.
``(a) Notice of Certain Events.--
``(1) General rule.--On or before the 90th day (or such
later day as the Secretary may prescribe) after any
reportable event, the responsible party shall provide written
notice of such event to the Secretary in accordance with
paragraph (2).
``(2) Contents of notice.--The notice required by paragraph
(1) shall contain such information as the Secretary may
prescribe, including--
``(A) the amount of money or other property (if any)
transferred to the trust in connection with the reportable
event, and
``(B) the identity of the trust and of each trustee and
beneficiary (or class of beneficiaries) of the trust.
``(3) Reportable event.--For purposes of this subsection--
``(A) In general.--The term `reportable event' means--
``(i) the creation of any foreign trust by a United States
person,
``(ii) the transfer of any money or property (directly or
indirectly) to a foreign trust by a United States person,
including a transfer by reason of death, and
``(iii) the death of a citizen or resident of the United
States if--
``(I) the decedent was treated as the owner of any portion
of a foreign trust under the rules of subpart E of part I of
subchapter J of chapter 1, or
``(II) any portion of a foreign trust was included in the
gross estate of the decedent.
``(B) Exceptions.--
``(i) Fair market value sales.--Subparagraph (A)(ii) shall
not apply to any transfer of property to a trust in exchange
for consideration of at least the fair market value of the
transferred property. For purposes of the preceding sentence,
consideration other than cash shall be taken into account at
its fair market value and the rules of section 679(a)(3)
shall apply.
``(ii) Deferred compensation and charitable trusts.--
Subparagraph (A) shall not apply with respect to a trust
which is--
``(I) described in section 402(b), 404(a)(4), or 404A, or
``(II) determined by the Secretary to be described in
section 501(c)(3).
``(4) Responsible party.--For purposes of this subsection,
the term `responsible party' means--
``(A) the grantor in the case of the creation of an inter
vivos trust,
``(B) the transferor in the case of a reportable event
described in paragraph (3)(A)(ii) other than a transfer by
reason of death, and
``(C) the executor of the decedent's estate in any other
case.
``(b) United States Grantor of Foreign Trust.--
``(1) In general.--If, at any time during any taxable year
of a United States person, such person is treated as the
owner of any portion of a foreign trust under the rules of
subpart E of part I of subchapter J of chapter 1, such person
shall be responsible to ensure that--
``(A) such trust makes a return for such year which sets
forth a full and complete accounting of all trust activities
and operations for the year, the name of the United States
agent for such trust, and such other information as the
Secretary may prescribe, and
``(B) such trust furnishes such information as the
Secretary may prescribe to each United States person (i) who
is treated as the owner of any portion of such trust or (ii)
who receives (directly or indirectly) any distribution from
the trust.
``(2) Trusts not having united states agent.--
``(A) In general.--If the rules of this paragraph apply to
any foreign trust, the determination of amounts required to
be taken into account with respect to such trust by a United
States person under the rules of subpart E of part I of
subchapter J of chapter 1 shall be determined by the
Secretary.
``(B) United states agent required.--The rules of this
paragraph shall apply to any foreign trust to which paragraph
(1) applies unless such trust agrees (in such manner, subject
to such conditions, and at such time as the Secretary shall
prescribe) to authorize a United States person to act as such
trust's limited agent solely for purposes of applying
sections 7602, 7603, and 7604 with respect to--
``(i) any request by the Secretary to examine records or
produce testimony related to the proper treatment of amounts
required to be taken into account under the rules referred to
in subparagraph (A), or
``(ii) any summons by the Secretary for such records or
testimony.
The appearance of persons or production of records by reason
of a United States person being such an agent shall not
subject such persons or records to legal process for any
purpose other than determining the correct treatment under
this title of the amounts required to be taken into account
under the rules referred to in subparagraph (A). A foreign
trust which appoints an described in this subparagraph shall
not be considered to have an office or a permanent
establishment in the United States, or to be engaged in a
trade or business in the United States, solely because of the
activities of such agent pursuant to this subsection.
``(C) Other rules to apply.--Rules similar to the rules of
paragraphs (2) and (4) of section 6038A(e) shall apply for
purposes of this paragraph.
``(c) Reporting by United States Beneficiaries of Foreign
Trusts.--
``(1) In general.--If any United States person receives
(directly or indirectly) during any taxable year of such
person any distribution from a foreign trust, such person
shall make a return with respect to such trust for such year
which includes--
``(A) the name of such trust,
[[Page 2090]]
``(B) the aggregate amount of the distributions so received
from such trust during such taxable year, and
``(C) such other information as the Secretary may
prescribe.
``(2) Inclusion in income if records not provided.--
``(A) In general.--If adequate records are not provided to
the Secretary to determine the proper treatment of any
distribution from a foreign trust, such distribution shall be
treated as an accumulation distribution includible in the
gross income of the distributee under chapter 1. To the
extent provided in regulations, the preceding sentence shall
not apply if the foreign trust elects to be subject to rules
similar to the rules of subsection (b)(2)(B).
``(B) Application of accumulation distribution rules.--For
purposes of applying section 668 in a case to which
subparagraph (A) applies, the applicable number of years for
purposes of section 668(a) shall be \1/2\ of the number of
years the trust has been in existence.
``(d) Special Rules.--
``(1) Determination of whether united states person makes
transfer or receives distribution.--For purposes of this
section, in determining whether a United States person makes
a transfer to, or receives a distribution from, a foreign
trust, the fact that a portion of such trust is treated as
owned by another person under the rules of subpart E of part
I of subchapter J of chapter 1 shall be disregarded.
``(2) Domestic trusts with foreign activities.--To the
extent provided in regulations, a trust which is a United
States person shall be treated as a foreign trust for
purposes of this section and section 6677 if such trust has
substantial activities, or holds substantial property,
outside the United States.
``(3) Time and manner of filing information.--Any notice or
return required under this section shall be made at such time
and in such manner as the Secretary shall prescribe.
``(4) Modification of return requirements.--The Secretary
is authorized to suspend or modify any requirement of this
section if the Secretary determines that the United States
has no significant tax interest in obtaining the required
information.''.
(b) Increased Penalties.--Section 6677 (relating to failure
to file information returns with respect to certain foreign
trusts) is amended to read as follows:
``SEC. 6677. FAILURE TO FILE INFORMATION WITH RESPECT TO
CERTAIN FOREIGN TRUSTS.
``(a) Civil Penalty.--In addition to any criminal penalty
provided by law, if any notice or return required to be filed
by section 6048--
``(1) is not filed on or before the time provided in such
section, or
``(2) does not include all the information required
pursuant to such section or includes incorrect information,
the person required to file such notice or return shall pay a
penalty equal to 35 percent of the gross reportable amount.
If any failure described in the preceding sentence continues
for more than 90 days after the day on which the Secretary
mails notice of such failure to the person required to pay
such penalty, such person shall pay a penalty (in addition to
the amount determined under the preceding sentence) of
$10,000 for each 30-day period (or fraction thereof) during
which such failure continues after the expiration of such 90-
day period. In no event shall the penalty under this
subsection with respect to any failure exceed the gross
reportable amount.
``(b) Special Rules for Returns Under Section 6048(b).--In
the case of a return required under section 6048(b)--
``(1) the United States person referred to in such section
shall be liable for the penalty imposed by subsection (a),
and
``(2) subsection (a) shall be applied by substituting `5
percent' for `35 percent'.
``(c) Gross Reportable Amount.--For purposes of subsection
(a), the term `gross reportable amount' means--
``(1) the gross value of the property involved in the event
(determined as of the date of the event) in the case of a
failure relating to section 6048(a),
``(2) the gross value of the portion of the trust's assets
at the close of the year treated as owned by the United
States person in the case of a failure relating to section
6048(b)(1), and
``(3) the gross amount of the distributions in the case of
a failure relating to section 6048(c).
``(d) Reasonable Cause Exception.--No penalty shall be
imposed by this section on any failure which is shown to be
due to reasonable cause and not due to willful neglect. The
fact that a foreign jurisdiction would impose a civil or
criminal penalty on the taxpayer (or any other person) for
disclosing the required information is not reasonable cause.
``(e) Deficiency Procedures Not To Apply.--Subchapter B of
chapter 63 (relating to deficiency procedures for income,
estate, gift, and certain excise taxes) shall not apply in
respect of the assessment or collection of any penalty
imposed by subsection (a).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 6724(d) is amended by striking
``or'' at the end of subparagraph (S), by striking the period
at the end of subparagraph (T) and inserting ``, or'', and by
inserting after subparagraph (T) the following new
subparagraph:
``(U) section 6048(b)(1)(B) (relating to foreign trust
reporting requirements).''.
(2) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by striking the item
relating to section 6048 and inserting the following new
item:
``Sec. 6048. Information with respect to certain foreign trusts.''.
(3) The table of sections for part I of subchapter B of
chapter 68 is amended by striking the item relating to
section 6677 and inserting the following new item:
``Sec. 6677. Failure to file information with respect to certain
foreign trusts.''.
(d) Effective Dates.--
(1) Reportable events.--To the extent related to subsection
(a) of section 6048 of the Internal Revenue Code of 1986, as
amended by this section, the amendments made by this section
shall apply to reportable events (as defined in such section
6048) occurring after the date of the enactment of this Act.
(2) Grantor trust reporting.--To the extent related to
subsection (b) of such section 6048, the amendments made by
this section shall apply to taxable years of United States
persons beginning after December 31, 1995.
(3) Reporting by united states beneficiaries.--To the
extent related to subsection (c) of such section 6048, the
amendments made by this section shall apply to distributions
received after the date of the enactment of this Act.
SEC. 1902. COMPARABLE PENALTIES FOR FAILURE TO FILE RETURN
RELATING TO TRANSFERS TO FOREIGN ENTITIES.
(a) In General.--Section 1494 is amended by adding at the
end the following new subsection:
``(c) Penalty.--In the case of any failure to file a return
required by the Secretary with respect to any transfer
described in section 1491, the person required to file such
return shall be liable for the penalties provided in section
6677 in the same manner as if such failure were a failure to
file a notice under section 6048(a).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to transfers after the date of the enactment of
this Act.
SEC. 1903. MODIFICATIONS OF RULES RELATING TO FOREIGN TRUSTS
HAVING ONE OR MORE UNITED STATES BENEFICIARIES.
(a) Treatment of Trust Obligations, Etc.--
(1) Paragraph (2) of section 679(a) is amended by striking
subparagraph (B) and inserting the following:
``(B) Transfers at fair market value.--To any transfer of
property to a trust in exchange for consideration of at least
the fair market value of the transferred property. For
purposes of the preceding sentence, consideration other than
cash shall be taken into account at its fair market value.''.
(2) Subsection (a) of section 679 (relating to foreign
trusts having one or more United States beneficiaries) is
amended by adding at the end the following new paragraph:
``(3) Certain obligations not taken into account under fair
market value exception.--
``(A) In general.--In determining whether paragraph (2)(B)
applies to any transfer by a person described in clause (ii)
or (iii) of subparagraph (C), there shall not be taken into
account--
``(i) except as provided in regulations, any obligation of
a person described in subparagraph (C), and
``(ii) to the extent provided in regulations, any
obligation which is guaranteed by a person described in
subparagraph (C).
``(B) Treatment of principal payments on obligation.--
Principal payments by the trust on any obligation referred to
in subparagraph (A) shall be taken into account on and after
the date of the payment in determining the portion of the
trust attributable to the property transferred.
``(C) Persons described.--The persons described in this
subparagraph are--
``(i) the trust,
``(ii) any grantor or beneficiary of the trust, and
``(iii) any person who is related (within the meaning of
section 643(i)(2)(B)) to any grantor or beneficiary of the
trust.''.
(b) Exemption of Transfers to Charitable Trusts.--
Subsection (a) of section 679 is amended by striking
``section 404(a)(4) or 404A'' and inserting ``section
6048(a)(3)(B)(ii)''.
(c) Other Modifications.--Subsection (a) of section 679 is
amended by adding at the end the following new paragraphs:
``(4) Special rules applicable to foreign grantor who later
becomes a united states person.--
``(A) In general.--If a nonresident alien individual has a
residency starting date within 5 years after directly or
indirectly transferring property to a foreign trust, this
section and section 6048 shall be applied as if such
individual transferred to such trust on the residency
starting date an amount equal to the portion of such trust
attributable to the property transferred by such individual
to such trust in such transfer.
``(B) Treatment of undistributed income.--For purposes of
this section, undistributed net income for periods before
such individual's residency starting date shall be taken into
account in determining the portion of the trust which is
attributable to property transferred by such individual to
such trust but shall not otherwise be taken into account.
``(C) Residency starting date.--For purposes of this
paragraph, an individual's resi
[[Page 2091]]
dency starting date is the residency starting date determined
under section 7701(b)(2)(A).
``(5) Outbound trust migrations.--If--
``(A) an individual who is a citizen or resident of the
United States transferred property to a trust which was not a
foreign trust, and
``(B) such trust becomes a foreign trust while such
individual is alive,
then this section and section 6048 shall be applied as if
such individual transferred to such trust on the date such
trust becomes a foreign trust an amount equal to the portion
of such trust attributable to the property previously
transferred by such individual to such trust. A rule similar
to the rule of paragraph (4)(B) shall apply for purposes of
this paragraph.''.
(d) Modifications Relating to Whether Trust Has United
States Beneficiaries.--Subsection (c) of section 679 is
amended by adding at the end the following new paragraph:
``(3) Certain united states beneficiaries disregarded.--A
beneficiary shall not be treated as a United States person in
applying this section with respect to any transfer of
property to foreign trust if such beneficiary first became a
United States person more than 5 years after the date of such
transfer.''.
(e) Technical Amendment.--Subparagraph (A) of section
679(c)(2) is amended to read as follows:
``(A) in the case of a foreign corporation, such
corporation is a controlled foreign corporation (as defined
in section 957(a)),''.
(f) Regulations.--Section 679 is amended by adding at the
end the following new subsection:
``(d) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(g) Effective Date.--The amendments made by this section
shall apply to transfers of property after February 6, 1995.
SEC. 1904. FOREIGN PERSONS NOT TO BE TREATED AS OWNERS UNDER
GRANTOR TRUST RULES.
(a) General Rule.--
(1) Subsection (f) of section 672 (relating to special rule
where grantor is foreign person) is amended to read as
follows:
``(f) Subpart Not To Result in Foreign Ownership.--
``(1) In general.--Notwithstanding any other provision of
this subpart, this subpart shall apply only to the extent
such application results in an amount (if any) being
currently taken into account (directly or through 1 or more
entities) under this chapter in computing the income of a
citizen or resident of the United States or a domestic
corporation.
``(2) Exceptions.--
``(A) Certain revocable and irrevocable trusts.--Paragraph
(1) shall not apply to any portion of a trust if--
``(i) the power to revest absolutely in the grantor title
to the trust property to which such portion is attributable
is exercisable solely by the grantor without the approval or
consent of any other person or with the consent of a related
or subordinate party who is subservient to the grantor, or
``(ii) the only amounts distributable from such portion
(whether income or corpus) during the lifetime of the grantor
are amounts distributable to the grantor or the spouse of the
grantor.
``(B) Compensatory trusts.--Except as provided in
regulations, paragraph (1) shall not apply to any portion of
a trust distributions from which are taxable as compensation
for services rendered.
``(3) Special rules.--Except as otherwise provided in
regulations prescribed by the Secretary--
``(A) a controlled foreign corporation (as defined in
section 957) shall be treated as a domestic corporation for
purposes of paragraph (1), and
``(B) paragraph (1) shall not apply for purposes of
applying section 1296.
``(4) Recharacterization of purported gifts.--In the case
of any transfer directly or indirectly from a partnership or
foreign corporation which the transferee treats as a gift or
bequest, the Secretary may recharacterize such transfer in
such circumstances as the Secretary determines to be
appropriate to prevent the avoidance of the purposes of this
subsection.
``(5) Special rule where grantor is foreign person.--If--
``(A) but for this subsection, a foreign person would be
treated as the owner of any portion of a trust, and
``(B) such trust has a beneficiary who is a United States
person,
such beneficiary shall be treated as the grantor of such
portion to the extent such beneficiary has made (directly or
indirectly) transfers of property (other than in a sale for
full and adequate consideration) to such foreign person. For
purposes of the preceding sentence, any gift shall not be
taken into account to the extent such gift would be excluded
from taxable gifts under section 2503(b).
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this subsection, including regulations
providing that paragraph (1) shall not apply in appropriate
cases.''.
(2) The last sentence of subsection (c) of section 672 is
amended by inserting ``subsection (f) and'' before ``sections
674''.
(b) Credit for Certain Taxes.--
(1) Paragraph (2) of section 665(d) is amended by adding at
the end the following new sentence: ``Under rules or
regulations prescribed by the Secretary, in the case of any
foreign trust of which the settlor or another person would be
treated as owner of any portion of the trust under subpart E
but for section 672(f), the term `taxes imposed on the trust'
includes the allocable amount of any income, war profits, and
excess profits taxes imposed by any foreign country or
possession of the United States on the settlor or such other
person in respect of trust income.''.
(2) Paragraph (5) of section 901(b) is amended by adding at
the end the following new sentence: ``Under rules or
regulations prescribed by the Secretary, in the case of any
foreign trust of which the settlor or another person would be
treated as owner of any portion of the trust under subpart E
but for section 672(f), the allocable amount of any income,
war profits, and excess profits taxes imposed by any foreign
country or possession of the United States on the settlor or
such other person in respect of trust income.''.
(c) Distributions by Certain Foreign Trusts Through
Nominees.--
(1) Section 643 is amended by adding at the end the
following new subsection:
``(h) Distributions by Certain Foreign Trusts Through
Nominees.--For purposes of this part, any amount paid to a
United States person which is derived directly or indirectly
from a foreign trust of which the payor is not the grantor
shall be deemed in the year of payment to have been directly
paid by the foreign trust to such United States person.''.
(2) Section 665 is amended by striking subsection (c).
(d) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Exception for certain trusts.--The amendments made by
this section shall not apply to any trust--
(A) which is treated as owned by the grantor under section
676 or 677 (other than subsection (a)(3) thereof) of the
Internal Revenue Code of 1986, and
(B) which is in existence on September 19, 1995.
The preceding sentence shall not apply to the portion of any
such trust attributable to any transfer to such trust after
September 19, 1995.
(e) Transitional Rule.--If--
(1) by reason of the amendments made by this section, any
person other than a United States person ceases to be treated
as the owner of a portion of a domestic trust, and
(2) before January 1, 1997, such trust becomes a foreign
trust, or the assets of such trust are transferred to a
foreign trust,
no tax shall be imposed by section 1491 of the Internal
Revenue Code of 1986 by reason of such trust becoming a
foreign trust or the assets of such trust being transferred
to a foreign trust.
SEC. 1905. INFORMATION REPORTING REGARDING FOREIGN GIFTS.
(a) In General.--Subpart A of part III of subchapter A of
chapter 61 is amended by inserting after section 6039E the
following new section:
``SEC. 6039F. NOTICE OF LARGE GIFTS RECEIVED FROM FOREIGN
PERSONS.
``(a) In General.--If the value of the aggregate foreign
gifts received by a United States person (other than an
organization described in section 501(c) and exempt from tax
under section 501(a)) during any taxable year exceeds
$10,000, such United States person shall furnish (at such
time and in such manner as the Secretary shall prescribe)
such information as the Secretary may prescribe regarding
each foreign gift received during such year.
``(b) Foreign Gift.--For purposes of this section, the term
`foreign gift' means any amount received from a person other
than a United States person which the recipient treats as a
gift or bequest. Such term shall not include any qualified
transfer (within the meaning of section 2503(e)(2)) or any
distribution properly disclosed in a return under section
6048(c).
``(c) Penalty for Failure To File Information.--
``(1) In general.--If a United States person fails to
furnish the information required by subsection (a) with
respect to any foreign gift within the time prescribed
therefor (including extensions)--
``(A) the tax consequences of the receipt of such gift
shall be determined by the Secretary, and
``(B) such United States person shall pay (upon notice and
demand by the Secretary and in the same manner as tax) an
amount equal to 5 percent of the amount of such foreign gift
for each month for which the failure continues (not to exceed
25 percent of such amount in the aggregate).
``(2) Reasonable cause exception.--Paragraph (1) shall not
apply to any failure to report a foreign gift if the United
States person shows that the failure is due to reasonable
cause and not due to willful neglect.
``(d) Cost-of-Living Adjustment.--In the case of any
taxable year beginning after December 31, 1996, the $10,000
amount under subsection (a) shall be increased by an amount
equal to the product of such amount and the cost-of-living
adjustment for such taxable year under section 1(f)(3),
except that subparagraph (B) thereof shall be applied by
substituting `1995' for `1992'.
``(e) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
[[Page 2092]]
(b) Clerical Amendment.--The table of sections for such
subpart is amended by inserting after the item relating to
section 6039E the following new item:
``Sec. 6039F. Notice of large gifts received from foreign persons.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received after the date of the
enactment of this Act in taxable years ending after such
date.
SEC. 1906. MODIFICATION OF RULES RELATING TO FOREIGN TRUSTS
WHICH ARE NOT GRANTOR TRUSTS.
(a) Modification of Interest Charge on Accumulation
Distributions.--Subsection (a) of section 668 (relating to
interest charge on accumulation distributions from foreign
trusts) is amended to read as follows:
``(a) General Rule.--For purposes of the tax determined
under section 667(a)--
``(1) Interest determined using underpayment rates.--The
interest charge determined under this section with respect to
any distribution is the amount of interest which would be
determined on the partial tax computed under section 667(b)
for the period described in paragraph (2) using the rates and
the method under section 6621 applicable to underpayments of
tax.
``(2) Period.--For purposes of paragraph (1), the period
described in this paragraph is the period which begins on the
date which is the applicable number of years before the date
of the distribution and which ends on the date of the
distribution.
``(3) Applicable number of years.--For purposes of
paragraph (2)--
``(A) In general.--The applicable number of years with
respect to a distribution is the number determined by
dividing--
``(i) the sum of the products described in subparagraph (B)
with respect to each undistributed income year, by
``(ii) the aggregate undistributed net income.
The quotient determined under the preceding sentence shall be
rounded under procedures prescribed by the Secretary.
``(B) Product described.--For purposes of subparagraph (A),
the product described in this subparagraph with respect to
any undistributed income year is the product of--
``(i) the undistributed net income for such year, and
``(ii) the sum of the number of taxable years between such
year and the taxable year of the distribution (counting in
each case the undistributed income year but not counting the
taxable year of the distribution).
``(4) Undistributed income year.--For purposes of this
subsection, the term `undistributed income year' means any
prior taxable year of the trust for which there is
undistributed net income, other than a taxable year during
all of which the beneficiary receiving the distribution was
not a citizen or resident of the United States.
``(5) Determination of undistributed net income.--
Notwithstanding section 666, for purposes of this subsection,
an accumulation distribution from the trust shall be treated
as reducing proportionately the undistributed net income for
undistributed income years.
``(6) Periods before 1996.--Interest for the portion of the
period described in paragraph (2) which occurs before January
1, 1996, shall be determined--
``(A) by using an interest rate of 6 percent, and
``(B) without compounding until January 1, 1996.''.
(b) Abusive Transactions.--Section 643(a) is amended by
inserting after paragraph (6) the following new paragraph:
``(7) Abusive transactions.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry
out the purposes of this part, including regulations to
prevent avoidance of such purposes.''.
(c) Treatment of Loans From Trusts.--
(1) In general.--Section 643 (relating to definitions
applicable to subparts A, B, C, and D) is amended by adding
at the end the following new subsection:
``(i) Loans From Foreign Trusts.--For purposes of subparts
B, C, and D--
``(1) General rule.--Except as provided in regulations, if
a foreign trust makes a loan of cash or marketable securities
directly or indirectly to--
``(A) any grantor or beneficiary of such trust who is a
United States person, or
``(B) any United States person not described in
subparagraph (A) who is related to such grantor or
beneficiary,
the amount of such loan shall be treated as a distribution by
such trust to such grantor or beneficiary (as the case may
be).
``(2) Definitions and special rules.--For purposes of this
subsection--
``(A) Cash.--The term `cash' includes foreign currencies
and cash equivalents.
``(B) Related person.--
``(i) In general.--A person is related to another person if
the relationship between such persons would result in a
disallowance of losses under section 267 or 707(b). In
applying section 267 for purposes of the preceding sentence,
section 267(c)(4) shall be applied as if the family of an
individual includes the spouses of the members of the family.
``(ii) Allocation.--If any person described in paragraph
(1)(B) is related to more than one person, the grantor or
beneficiary to whom the treatment under this subsection
applies shall be determined under regulations prescribed by
the Secretary.
``(C) Exclusion of tax-exempts.--The term `United States
person' does not include any entity exempt from tax under
this chapter.
``(D) Trust not treated as simple trust.--Any trust which
is treated under this subsection as making a distribution
shall be treated as not described in section 651.
``(3) Subsequent transactions regarding loan principal.--If
any loan is taken into account under paragraph (1), any
subsequent transaction between the trust and the original
borrower regarding the principal of the loan (by way of
complete or partial repayment, satisfaction, cancellation,
discharge, or otherwise) shall be disregarded for purposes of
this title.''.
(2) Technical amendment.--Paragraph (8) of section 7872(f)
is amended by inserting ``, 643(i),'' before ``or 1274'' each
place it appears.
(d) Effective Dates.--
(1) Interest charge.--The amendment made by subsection (a)
shall apply to distributions after the date of the enactment
of this Act.
(2) Abusive transactions.--The amendment made by subsection
(b) shall take effect on the date of the enactment of this
Act.
(3) Loans from trusts.--The amendment made by subsection
(c) shall apply to loans of cash or marketable securities
made after September 19, 1995.
SEC. 1907. RESIDENCE OF TRUSTS, ETC.
(a) Treatment as United States Person.--
(1) In general.--Paragraph (30) of section 7701(a) is
amended by striking ``and'' at the end of subparagraph (C)
and by striking subparagraph (D) and by inserting the
following new subparagraphs:
``(D) any estate (other than a foreign estate, within the
meaning of paragraph (31)), and
``(E) any trust if--
``(i) a court within the United States is able to exercise
primary supervision over the administration of the trust, and
``(ii) one or more United States fiduciaries have the
authority to control all substantial decisions of the
trust.''.
(2) Conforming amendment.--Paragraph (31) of section
7701(a) is amended to read as follows:
``(31) Foreign estate or trust.--
``(A) Foreign estate.--The term `foreign estate' means an
estate the income of which, from sources without the United
States which is not effectively connected with the conduct of
a trade or business within the United States, is not
includible in gross income under subtitle A.
``(B) Foreign trust.--The term `foreign trust' means any
trust other than a trust described in subparagraph (E) of
paragraph (30).''.
(3) Effective date.--The amendments made by this subsection
shall apply--
(A) to taxable years beginning after December 31, 1996, or
(B) at the election of the trustee of a trust, to taxable
years ending after the date of the enactment of this Act.
Such an election, once made, shall be irrevocable.
(b) Domestic Trusts Which Become Foreign Trusts.--
(1) In general.--Section 1491 (relating to imposition of
tax on transfers to avoid income tax) is amended by adding at
the end the following new flush sentence:
``If a trust which is not a foreign trust becomes a foreign
trust, such trust shall be treated for purposes of this
section as having transferred, immediately before becoming a
foreign trust, all of its assets to a foreign trust.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
Subtitle J--Generalized System of Preferences
SEC. 1951. SHORT TITLE.
This subtitle may be cited as the ``GSP Renewal Act of
1996''.
SEC. 1952. GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Title V of the Trade Act of 1974 is
amended to read as follows:
``TITLE V--GENERALIZED SYSTEM OF PREFERENCES
``SEC. 501. AUTHORITY TO EXTEND PREFERENCES.
``The President may provide duty-free treatment for any
eligible article from any beneficiary developing country in
accordance with the provisions of this title. In taking any
such action, the President shall have due regard for--
``(1) the effect such action will have on furthering the
economic development of developing countries through the
expansion of their exports;
``(2) the extent to which other major developed countries
are undertaking a comparable effort to assist developing
countries by granting generalized preferences with respect to
imports of products of such countries;
``(3) the anticipated impact of such action on United
States producers of like or directly competitive products;
and
``(4) the extent of the beneficiary developing country's
competitiveness with respect to eligible articles.
``SEC. 502. DESIGNATION OF BENEFICIARY DEVELOPING COUNTRIES.
``(a) Authority To Designate Countries.--
``(1) Beneficiary developing countries.--The President is
authorized to designate
[[Page 2093]]
countries as beneficiary developing countries for purposes of
this title.
``(2) Least-developed beneficiary developing countries.--
The President is authorized to designate any beneficiary
developing country as a least-developed beneficiary
developing country for purposes of this title, based on the
considerations in section 501 and subsection (c) of this
section.
``(b) Countries Ineligible for Designation.--
``(1) Specific countries.--The following countries may not
be designated as beneficiary developing countries for
purposes of this title:
``(A) Australia.
``(B) Canada.
``(C) European Union member states.
``(D) Iceland.
``(E) Japan.
``(F) Monaco.
``(G) New Zealand.
``(H) Norway.
``(I) Switzerland.
``(2) Other bases for ineligibility.--The President shall
not designate any country a beneficiary developing country
under this title if any of the following applies:
``(A) Such country is a Communist country, unless--
``(i) the products of such country receive
nondiscriminatory treatment,
``(ii) such country is a WTO Member (as such term is
defined in section 2(10) of the Uruguay Round Agreements Act)
(19 U.S.C. 3501(10)) and a member of the International
Monetary Fund, and
``(iii) such country is not dominated or controlled by
international communism.
``(B) Such country is a party to an arrangement of
countries and participates in any action pursuant to such
arrangement, the effect of which is--
``(i) to withhold supplies of vital commodity resources
from international trade or to raise the price of such
commodities to an unreasonable level, and
``(ii) to cause serious disruption of the world economy.
``(C) Such country affords preferential treatment to the
products of a developed country, other than the United
States, which has, or is likely to have, a significant
adverse effect on United States commerce.
``(D)(i) Such country--
``(I) has nationalized, expropriated, or otherwise seized
ownership or control of property, including patents,
trademarks, or copyrights, owned by a United States citizen
or by a corporation, partnership, or association which is 50
percent or more beneficially owned by United States citizens,
``(II) has taken steps to repudiate or nullify an existing
contract or agreement with a United States citizen or a
corporation, partnership, or association which is 50 percent
or more beneficially owned by United States citizens, the
effect of which is to nationalize, expropriate, or otherwise
seize ownership or control of property, including patents,
trademarks, or copyrights, so owned, or
``(III) has imposed or enforced taxes or other exactions,
restrictive maintenance or operational conditions, or other
measures with respect to property, including patents,
trademarks, or copyrights, so owned, the effect of which is
to nationalize, expropriate, or otherwise seize ownership or
control of such property,
unless clause (ii) applies.
``(ii) This clause applies if the President determines
that--
``(I) prompt, adequate, and effective compensation has been
or is being made to the citizen, corporation, partnership, or
association referred to in clause (i),
``(II) good faith negotiations to provide prompt, adequate,
and effective compensation under the applicable provisions of
international law are in progress, or the country described
in clause (i) is otherwise taking steps to discharge its
obligations under international law with respect to such
citizen, corporation, partnership, or association, or
``(III) a dispute involving such citizen, corporation,
partnership, or association over compensation for such a
seizure has been submitted to arbitration under the
provisions of the Convention for the Settlement of Investment
Disputes, or in another mutually agreed upon forum,
and the President promptly furnishes a copy of such
determination to the Senate and House of Representatives.
``(E) Such country fails to act in good faith in
recognizing as binding or in enforcing arbitral awards in
favor of United States citizens or a corporation,
partnership, or association which is 50 percent or more
beneficially owned by United States citizens, which have been
made by arbitrators appointed for each case or by permanent
arbitral bodies to which the parties involved have submitted
their dispute.
``(F) Such country aids or abets, by granting sanctuary
from prosecution to, any individual or group which has
committed an act of international terrorism.
``(G) Such country has not taken or is not taking steps to
afford internationally recognized worker rights to workers in
the country (including any designated zone in that country).
Subparagraphs (D), (E), (F), and (G) shall not prevent the
designation of any country as a beneficiary developing
country under this title if the President determines that
such designation will be in the national economic interest of
the United States and reports such determination to the
Congress with the reasons therefor.
``(c) Factors Affecting Country Designation.--In
determining whether to designate any country as a beneficiary
developing country under this title, the President shall take
into account--
``(1) an expression by such country of its desire to be so
designated;
``(2) the level of economic development of such country,
including its per capita gross national product, the living
standards of its inhabitants, and any other economic factors
which the President deems appropriate;
``(3) whether or not other major developed countries are
extending generalized preferential tariff treatment to such
country;
``(4) the extent to which such country has assured the
United States that it will provide equitable and reasonable
access to the markets and basic commodity resources of such
country and the extent to which such country has assured the
United States that it will refrain from engaging in
unreasonable export practices;
``(5) the extent to which such country is providing
adequate and effective protection of intellectual property
rights;
``(6) the extent to which such country has taken action
to--
``(A) reduce trade distorting investment practices and
policies (including export performance requirements); and
``(B) reduce or eliminate barriers to trade in services;
and
``(7) whether or not such country has taken or is taking
steps to afford to workers in that country (including any
designated zone in that country) internationally recognized
worker rights.
``(d) Withdrawal, Suspension, or Limitation of Country
Designation.--
``(1) In general.--The President may withdraw, suspend, or
limit the application of the duty-free treatment accorded
under this title with respect to any country. In taking any
action under this subsection, the President shall consider
the factors set forth in section 501 and subsection (c) of
this section.
``(2) Changed circumstances.--The President shall, after
complying with the requirements of subsection (f)(2),
withdraw or suspend the designation of any country as a
beneficiary developing country if, after such designation,
the President determines that as the result of changed
circumstances such country would be barred from designation
as a beneficiary developing country under subsection (b)(2).
Such country shall cease to be a beneficiary developing
country on the day on which the President issues an Executive
order or Presidential proclamation revoking the designation
of such country under this title.
``(3) Advice to congress.--The President shall, as
necessary, advise the Congress on the application of section
501 and subsection (c) of this section, and the actions the
President has taken to withdraw, to suspend, or to limit the
application of duty-free treatment with respect to any
country which has failed to adequately take the actions
described in subsection (c).
``(e) Mandatory Graduation of Beneficiary Developing
Countries.--If the President determines that a beneficiary
developing country has become a `high income' country, as
defined by the official statistics of the International Bank
for Reconstruction and Development, then the President shall
terminate the designation of such country as a beneficiary
developing country for purposes of this title, effective on
January 1 of the second year following the year in which such
determination is made.
``(f) Congressional Notification.--
``(1) Notification of designation.--
``(A) In general.--Before the President designates any
country as a beneficiary developing country under this title,
the President shall notify the Congress of the President's
intention to make such designation, together with the
considerations entering into such decision.
``(B) Designation as least-developed beneficiary developing
country.--At least 60 days before the President designates
any country as a least-developed beneficiary developing
country, the President shall notify the Congress of the
President's intention to make such designation.
``(2) Notification of termination.--If the President has
designated any country as a beneficiary developing country
under this title, the President shall not terminate such
designation unless, at least 60 days before such termination,
the President has notified the Congress and has notified such
country of the President's intention to terminate such
designation, together with the considerations entering into
such decision.
``SEC. 503. DESIGNATION OF ELIGIBLE ARTICLES.
``(a) Eligible Articles.--
``(1) Designation.--
``(A) In general.--Except as provided in subsection (b),
the President is authorized to designate articles as eligible
articles from all beneficiary developing countries for
purposes of this title by Executive order or Presidential
proclamation after receiving the advice of the International
Trade Commission in accordance with subsection (e).
``(B) Least-developed beneficiary developing countries.--
Except for articles described in subparagraphs (A), (B), and
(E) of subsection (b)(1) and articles described in paragraphs
(2) and (3) of subsection (b), the President may, in carrying
out section 502(d)(1) and subsection (c)(1) of this section,
designate articles as eligible articles only for countries
designated as least-developed beneficiary developing
countries under section 502(a)(2) if, after receiving the
advice of the International Trade Commission in accord
[[Page 2094]]
ance with subsection (e) of this section, the President
determines that such articles are not import-sensitive in the
context of imports from least-developed beneficiary
developing countries.
``(C) Three-year rule.--If, after receiving the advice of
the International Trade Commission under subsection (e), an
article has been formally considered for designation as an
eligible article under this title and denied such
designation, such article may not be reconsidered for such
designation for a period of 3 years after such denial.
``(2) Rule of origin.--
``(A) General rule.--The duty-free treatment provided under
this title shall apply to any eligible article which is the
growth, product, or manufacture of a beneficiary developing
country if--
``(i) that article is imported directly from a beneficiary
developing country into the customs territory of the United
States; and
``(ii) the sum of--
``(I) the cost or value of the materials produced in the
beneficiary developing country or any two or more such
countries that are members of the same association of
countries and are treated as one country under section
507(2), plus
``(II) the direct costs of processing operations performed
in such beneficiary developing country or such member
countries,
is not less than 35 percent of the appraised value of such
article at the time it is entered.
``(B) Exclusions.--An article shall not be treated as the
growth, product, or manufacture of a beneficiary developing
country by virtue of having merely undergone--
``(i) simple combining or packaging operations, or
``(ii) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
``(3) Regulations.--The Secretary of the Treasury, after
consulting with the United States Trade Representative, shall
prescribe such regulations as may be necessary to carry out
paragraph (2), including, but not limited to, regulations
providing that, in order to be eligible for duty-free
treatment under this title, an article--
``(A) must be wholly the growth, product, or manufacture of
a beneficiary developing country, or
``(B) must be a new or different article of commerce which
has been grown, produced, or manufactured in the beneficiary
developing country.
``(b) Articles That May Not Be Designated As Eligible
Articles.--
``(1) Import sensitive articles.--The President may not
designate any article as an eligible article under subsection
(a) if such article is within one of the following categories
of import-sensitive articles:
``(A) Textile and apparel articles which were not eligible
articles for purposes of this title on January 1, 1994, as
this title was in effect on such date.
``(B) Watches, except those watches entered after June 30,
1989, that the President specifically determines, after
public notice and comment, will not cause material injury to
watch or watch band, strap, or bracelet manufacturing and
assembly operations in the United States or the United States
insular possessions.
``(C) Import-sensitive electronic articles.
``(D) Import-sensitive steel articles.
``(E) Footwear, handbags, luggage, flat goods, work gloves,
and leather wearing apparel which were not eligible articles
for purposes of this title on January 1, 1995, as this title
was in effect on such date.
``(F) Import-sensitive semimanufactured and manufactured
glass products.
``(G) Any other articles which the President determines to
be import-sensitive in the context of the Generalized System
of Preferences.
``(2) Articles against which other actions taken.--An
article shall not be an eligible article for purposes of this
title for any period during which such article is the subject
of any action proclaimed pursuant to section 203 of this Act
(19 U.S.C. 2253) or section 232 or 351 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862, 1981).
``(3) Agricultural products.--No quantity of an
agricultural product subject to a tariff-rate quota that
exceeds the in-quota quantity shall be eligible for duty-free
treatment under this title.
``(c) Withdrawal, Suspension, or Limitation of Duty-Free
Treatment; Competitive Need Limitation.--
``(1) In general.--The President may withdraw, suspend, or
limit the application of the duty-free treatment accorded
under this title with respect to any article, except that no
rate of duty may be established with respect to any article
pursuant to this subsection other than the rate which would
apply but for this title. In taking any action under this
subsection, the President shall consider the factors set
forth in sections 501 and 502(c).
``(2) Competitive need limitation.--
``(A) Basis for withdrawal of duty-free treatment.--
``(i) In general.--Except as provided in clause (ii) and
subject to subsection (d), whenever the President determines
that a beneficiary developing country has exported (directly
or indirectly) to the United States during any calendar year
beginning after December 31, 1995--
``(I) a quantity of an eligible article having an appraised
value in excess of the applicable amount for the calendar
year, or
``(II) a quantity of an eligible article equal to or
exceeding 50 percent of the appraised value of the total
imports of that article into the United States during any
calendar year,
the President shall, not later than July 1 of the next
calendar year, terminate the duty-free treatment for that
article from that beneficiary developing country.
``(ii) Annual adjustment of applicable amount.--For
purposes of applying clause (i), the applicable amount is--
``(I) for 1996, $75,000,000, and
``(II) for each calendar year thereafter, an amount equal
to the applicable amount in effect for the preceding calendar
year plus $5,000,000.
``(B) Country defined.--For purposes of this paragraph, the
term `country' does not include an association of countries
which is treated as one country under section 507(2), but
does include a country which is a member of any such
association.
``(C) Redesignations.--A country which is no longer treated
as a beneficiary developing country with respect to an
eligible article by reason of subparagraph (A) may, subject
to the considerations set forth in sections 501 and 502, be
redesignated a beneficiary developing country with respect to
such article if imports of such article from such country did
not exceed the limitations in subparagraph (A) during the
preceding calendar year.
``(D) Least-developed beneficiary developing countries.--
Subparagraph (A) shall not apply to any least-developed
beneficiary developing country.
``(E) Articles not produced in the united states
excluded.--Subparagraph (A)(i)(II) shall not apply with
respect to any eligible article if a like or directly
competitive article was not produced in the United States on
January 1, 1995.
``(F) De minimis waivers.--
``(i) In general.--The President may disregard subparagraph
(A)(i)(II) with respect to any eligible article from any
beneficiary developing country if the aggregate appraised
value of the imports of such article into the United States
during the preceding calendar year does not exceed the
applicable amount for such preceding calendar year.
``(ii) Applicable amount.--For purposes of applying clause
(i), the applicable amount is--
``(I) for calendar year 1996, $13,000,000, and
``(II) for each calendar year thereafter, an amount equal
to the applicable amount in effect for the preceding calendar
year plus $500,000.
``(d) Waiver of Competitive Need Limitation.--
``(1) In general.--The President may waive the application
of subsection (c)(2) with respect to any eligible article of
any beneficiary developing country if, before July 1 of the
calendar year beginning after the calendar year for which a
determination described in subsection (c)(2)(A) was made with
respect to such eligible article, the President--
``(A) receives the advice of the International Trade
Commission under section 332 of the Tariff Act of 1930 on
whether any industry in the United States is likely to be
adversely affected by such waiver,
``(B) determines, based on the considerations described in
sections 501 and 502(c) and the advice described in
subparagraph (A), that such waiver is in the national
economic interest of the United States, and
``(C) publishes the determination described in subparagraph
(B) in the Federal Register.
``(2) Considerations by the president.--In making any
determination under paragraph (1), the President shall give
great weight to--
``(A) the extent to which the beneficiary developing
country has assured the United States that such country will
provide equitable and reasonable access to the markets and
basic commodity resources of such country, and
``(B) the extent to which such country provides adequate
and effective protection of intellectual property rights.
``(3) Other bases for waiver.--The President may waive the
application of subsection (c)(2) if, before July 1 of the
calendar year beginning after the calendar year for which a
determination described in subsection (c)(2) was made with
respect to a beneficiary developing country, the President
determines that--
``(A) there has been a historical preferential trade
relationship between the United States and such country,
``(B) there is a treaty or trade agreement in force
covering economic relations between such country and the
United States, and
``(C) such country does not discriminate against, or impose
unjustifiable or unreasonable barriers to, United States
commerce,
and the President publishes that determination in the Federal
Register.
``(4) Limitations on waivers.--
``(A) In general.--The President may not exercise the
waiver authority under this subsection with respect to a
quantity of an eligible article entered during any calendar
year beginning after 1995, the aggregate appraised value of
which equals or exceeds 30 percent of the aggregate appraised
value of all articles that entered duty-free under this title
during the preceding calendar year.
``(B) Other waiver limits.--The President may not exercise
the waiver authority provided under this subsection with
respect to a quantity of an eligible article entered during
any calendar year beginning after 1995, the aggregate
appraised value of which exceeds 15 percent of the aggregate
appraised value of all articles that have entered duty-free
under this title during the preceding calendar year from
those beneficiary developing
[[Page 2095]]
countries which for the preceding calendar year--
``(i) had a per capita gross national product (calculated
on the basis of the best available information, including
that of the International Bank for Reconstruction and
Development) of $5,000 or more; or
``(ii) had exported (either directly or indirectly) to the
United States a quantity of articles that was duty-free under
this title that had an aggregate appraised value of more than
10 percent of the aggregate appraised value of all articles
that entered duty-free under this title during that year.
``(C) Calculation of limitations.--There shall be counted
against the limitations imposed under subparagraphs (A) and
(B) for any calendar year only that value of any eligible
article of any country that--
``(i) entered duty-free under this title during such
calendar year; and
``(ii) is in excess of the value of that article that would
have been so entered during such calendar year if the
limitations under subsection (c)(2)(A) applied.
``(5) Effective period of waiver.--Any waiver granted under
this subsection shall remain in effect until the President
determines that such waiver is no longer warranted due to
changed circumstances.
``(e) International Trade Commission Advice.--Before
designating articles as eligible articles under subsection
(a)(1), the President shall publish and furnish the
International Trade Commission with lists of articles which
may be considered for designation as eligible articles for
purposes of this title. The provisions of sections 131, 132,
133, and 134 shall be complied with as though action under
section 501 and this section were action under section 123 to
carry out a trade agreement entered into under section 123.
``(f) Special Rule Concerning Puerto Rico.--No action under
this title may affect any tariff duty imposed by the
Legislature of Puerto Rico pursuant to section 319 of the
Tariff Act of 1930 on coffee imported into Puerto Rico.
``SEC. 504. REVIEW AND REPORT TO CONGRESS.
The President shall submit an annual report to the Congress
on the status of internationally recognized worker rights
within each beneficiary developing country.
``SEC. 505. DATE OF TERMINATION.
``No duty-free treatment provided under this title shall
remain in effect after May 31, 1997.
``SEC. 506. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING
COUNTRIES.
``The appropriate agencies of the United States shall
assist beneficiary developing countries to develop and
implement measures designed to assure that the agricultural
sectors of their economies are not directed to export markets
to the detriment of the production of foodstuffs for their
citizenry.
``SEC. 507. DEFINITIONS.
``For purposes of this title:
``(1) Beneficiary developing country.--The term
`beneficiary developing country' means any country with
respect to which there is in effect an Executive order or
Presidential proclamation by the President designating such
country as a beneficiary developing country for purposes of
this title.
``(2) Country.--The term `country' means any foreign
country or territory, including any overseas dependent
territory or possession of a foreign country, or the Trust
Territory of the Pacific Islands. In the case of an
association of countries which is a free trade area or
customs union, or which is contributing to comprehensive
regional economic integration among its members through
appropriate means, including, but not limited to, the
reduction of duties, the President may by Executive order or
Presidential proclamation provide that all members of such
association other than members which are barred from
designation under section 502(b) shall be treated as one
country for purposes of this title.
``(3) Entered.--The term `entered' means entered, or
withdrawn from warehouse for consumption, in the customs
territory of the United States.
``(4) Internationally recognized worker rights.--The term
`internationally recognized worker rights' includes--
``(A) the right of association;
``(B) the right to organize and bargain collectively;
``(C) a prohibition on the use of any form of forced or
compulsory labor;
``(D) a minimum age for the employment of children; and
``(E) acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and health.
``(5) Least-developed beneficiary developing country.--The
term `least-developed beneficiary developing country' means a
beneficiary developing country that is designated as a least-
developed beneficiary developing country under section
502(a)(2).''.
(b) Table of Contents.--The items relating to title V in
the table of contents of the Trade Act of 1974 are amended to
read as follows:
``TITLE V--GENERALIZED SYSTEM OF PREFERENCES
``Sec. 501. Authority to extend preferences.
``Sec. 502. Designation of beneficiary developing countries.
``Sec. 503. Designation of eligible articles.
``Sec. 504. Review and reports to Congress.
``Sec. 505. Date of termination.
``Sec. 506. Agricultural exports of beneficiary developing countries.
``Sec. 507. Definitions.''.
SEC. 1953. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle apply
to articles entered on or after October 1, 1996.
(b) Retroactive Application.--
(1) General rule.--Notwithstanding section 514 of the
Tariff Act of 1930 or any other provision of law and subject
to subsection (c)--
(A) any article that was entered--
(i) after July 31, 1995, and
(ii) before January 1, 1996, and
to which duty-free treatment under title V of the Trade Act
of 1974 would have applied if the entry had been made on July
31, 1995, shall be liquidated or reliquidated as free of
duty, and the Secretary of the Treasury shall refund any duty
paid with respect to such entry, and
(B) any article that was entered--
(i) after December 31, 1995, and
(ii) before October 1, 1996, and
to which duty-free treatment under title V of the Trade Act
of 1974 (as amended by this subtitle) would have applied if
the entry had been made on or after October 1, 1996, shall be
liquidated or reliquidated as free of duty, and the Secretary
of the Treasury shall refund any duty paid with respect to
such entry.
(2) Limitation on refunds.--No refund shall be made
pursuant to this subsection before October 1, 1996.
(3) Entry.--As used in this subsection, the term ``entry''
includes a withdrawal from warehouse for consumption.
(c) Requests.--Liquidation or reliquidation may be made
under subsection (b) with respect to an entry only if a
request therefor is filed with the Customs Service, within
180 days after the date of the enactment of this Act, that
contains sufficient information to enable the Customs
Service--
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be located.
SEC. 1954. CONFORMING AMENDMENTS.
(a) Trade Laws.--
(1) Section 1211(b) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3011(b)) is amended--
(A) in paragraph (1), by striking ``(19 U.S.C. 2463(a),
2464(c)(3))'' and inserting ``(as in effect on July 31,
1995)''; and
(B) in paragraph (2), by striking ``(19 U.S.C.
2464(c)(1))'' and inserting the following: ``(as in effect on
July 31, 1995)''.
(2) Section 203(c)(7) of the Andean Trade Preference Act
(19 U.S.C. 3202(c)(7)) is amended by striking ``502(a)(4)''
and inserting ``507(4)''.
(3) Section 212(b)(7) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(b)(7)) is amended by striking
``502(a)(4)'' and inserting ``507(4)''.
(4) General note 3(a)(iv)(C) of the Harmonized Tariff
Schedule of the United States is amended by striking
``sections 503(b) and 504(c)'' and inserting ``subsections
(a), (c), and (d) of section 503''.
(5) Section 201(a)(2) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3331(a)(2)) is
amended by striking ``502(a)(2) of the Trade Act of 1974 (19
U.S.C. 2462(a)(2))'' and inserting ``502(f)(2) of the Trade
Act of 1974''.
(6) Section 131 of the Uruguay Round Agreements Act (19
U.S.C. 3551) is amended in subsections (a) and (b)(1) by
striking ``502(a)(4)'' and inserting ``507(4)''.
(b) Other Laws.--
(1) Section 871(f)(2)(B) of the Internal Revenue Code of
1986 is amended by striking ``within the meaning of section
502'' and inserting ``under title V''.
(2) Section 2202(8) of the Export Enhancement Act of 1988
(15 U.S.C. 4711(8)) is amended by striking ``502(a)(4)'' and
inserting ``507(4)''.
(3) Section 231A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2191a(a)) is amended--
(A) in paragraph (1) by striking ``502(a)(4) of the Trade
Act of 1974 (19 U.S.C. 2462(a)(4))'' and inserting ``507(4)
of the Trade Act of 1974'';
(B) in paragraph (2) by striking ``505(c) of the Trade Act
of 1974 (19 U.S.C. 2465(c))'' and inserting ``504 of the
Trade Act of 1974''; and
(C) in paragraph (4) by striking ``502(a)(4)'' and
inserting ``507(4)''.
(4) Section 1621(a)(1) of the International Financial
Institutions Act (22 U.S.C. 262p-4p(a)(1)) is amended by
striking ``502(a)(4)'' and inserting ``507(4)''.
(5) Section 103B of the Agricultural Act of 1949 (7 U.S.C.
1444-2) is amended in subsections (a)(5)(F)(v) and (n)(1)(C)
by striking ``503(d) of the Trade Act of 1974 (19 U.S.C.
2463(d))'' and inserting ``503(b)(3) of the Trade Act of
1974''.
And the Senate agree to the same.
TITLE II
That the House recede from its disagreement to the
amendments of the Senate numbered 2 and 3 and agree to the
same.
That the House recede from its disagreement to the
amendment of the Senate numbered 4 and agree to the same with
an amendment as follows:
On page 236, line 12 of the House engrossed bill, strike
``Act'' and insert ``This section and sections 2102 and
2103''; and on page 237, line 4 of the House engrossed bill,
strike ``section 1'' and insert ``section 2102''; and the
Senate agree to the same.
That the House recede from its disagreement to the
amendment of the Senate numbered 5 and agree to the same with
an amendment as follows:
On page 237, line 18 of the House engrossed bill, strike
``June 30, 1996'' and insert ``September 30, 1996''; on line
19, strike ``July 1, 1996'' and insert ``October 1, 1996'';
beginning
[[Page 2096]]
in line 20 strike ``after the expiration of such year'' and
insert ``beginning September 1, 1997''; and after line 21,
insert the following:
(c) Conforming Amendment.--Section 6 of such Act (29 U.S.C.
206) is amended by striking subsection (c).
And the Senate agree to the same.
That the House recede from its disagreement to the
amendment of the Senate numbered 6 and agree to the same with
an amendment as follows:
On page 239, line 1 of the House engrossed bill, strike
``next to''; in line 3 of such page strike ``to read as
follows'' and insert ``by striking `previous sentence' and
inserting `preceding 2 sentences' and by striking `(1)' and
`(2)' and such section is amended by striking the next to
last sentence and inserting the following''; and in line 15
of such page strike ``cash''; and the Senate agree to the
same.
From the Committee on Ways and Means, for consideration of
the House bill (except for title II) and the Senate amendment
numbered 1, and modifications committed to conference:
Bill Archer,
Phil Crane,
Bill Thomas,
Sam Gibbons,
Charles B. Rangel,
As additional conferees from the Committee on Economic and
Educational Opportunities, for consideration of secs.
1704(h)(1)(B) and 1704(l) of the House bill and secs.
1421(d), 1442(b), 1442(c), 1451, 1457, 1460(b), 1460(c),
1461, 1465, and 1704(h)(1)(B) of the Senate amendment
numbered 1, and modifications committed to conference:
William F. Goodling,
Cass Ballenger,
As additional conferees from the Committee on Economic and
Educational Opportunities, for consideration of title II of
the House bill and the Senate amendments numbered 2-6, and
modifications committed to conference:
William F. Goodling,
H.W. Fawell,
Frank Riggs,
William L. Clay,
Major R. Owens,
Maurice Hinchey,
Managers on the Part of the House.
From the Committee on Labor and Human Resources:
Nancy Landon Kassebaum,
Edward M. Kennedy,
Jim Jeffords,
From the Committee on Finance:
Bill Roth,
John H. Chafee,
Chuck Grassley,
Orin G. Hatch,
Al Simpson,
Larry Pressler,
Daniel P. Moynihan,
Max Baucus,
David Pryor,
John D. Rockefeller IV,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that pursuant to
House Resolution 440 the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
354
<3-line {>
affirmative
Nays
72
para.100.7 [Roll No. 398]
YEAS--354
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baker (LA)
Baldacci
Barcia
Barrett (NE)
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Buyer
Calvert
Camp
Canady
Cardin
Castle
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastert
Hastings (FL)
Hayes
Hayworth
Hefner
Heineman
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCrery
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stenholm
Stockman
Stokes
Studds
Stupak
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
Zimmer
NAYS--72
Allard
Archer
Armey
Baker (CA)
Ballenger
Barr
Bartlett
Barton
Boehner
Bonilla
Burr
Burton
Callahan
Campbell
Chabot
Chenoweth
Combest
Cooley
Cox
Crane
Crapo
Cubin
DeLay
Doolittle
Ehrlich
Fields (TX)
Funderburk
Geren
Hall (TX)
Hancock
Hansen
Hastings (WA)
Hefley
Herger
Hostettler
Inglis
Istook
Johnson, Sam
Jones
Kingston
Largent
Laughlin
Lucas
Manzullo
McCollum
McIntosh
Mica
Miller (FL)
Myers
Myrick
Nethercutt
Packard
Pombo
Radanovich
Rohrabacher
Roth
Royce
Salmon
Sanford
Scarborough
Schaefer
Sensenbrenner
Shadegg
Souder
Stearns
Stump
Talent
Taylor (NC)
Thornberry
Tiahrt
Wamp
Watts (OK)
NOT VOTING--7
Bishop
Brownback
Dickey
Ford
Lincoln
McDade
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.100.8 waiving points of order against the conference report on s.
1316
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 507):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (S. 1316) to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes. All points of
order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Mr. McINNIS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
[[Page 2097]]
para.100.9 safe drinking water
Mr. BLILEY, pursuant to House Resolution 507, called up the following
conference report (Rept. No. 104-741):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
1316), to reauthorize and amend title XIV of the Public
Health Service Act (commonly known as the ``Safe Drinking
Water Act''), and for other purposes, having met, after full
and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe
Drinking Water Act Amendments of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. References; effective date; disclaimer.
Sec. 3. Findings.
TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT
Sec. 101. Definitions.
Sec. 102. General authority.
Sec. 103. Risk assessment, management, and communication.
Sec. 104. Standard-setting.
Sec. 105. Treatment technologies for small systems.
Sec. 106. Limited alternative to filtration.
Sec. 107. Ground water disinfection.
Sec. 108. Effective date for regulations.
Sec. 109. Arsenic, sulfate, and radon.
Sec. 110. Recycling of filter backwash.
Sec. 111. Technology and treatment techniques.
Sec. 112. State primacy.
Sec. 113. Enforcement; judicial review.
Sec. 114. Public notification.
Sec. 115. Variances.
Sec. 116. Small systems variances.
Sec. 117. Exemptions.
Sec. 118. Lead plumbing and pipes.
Sec. 119. Capacity development.
Sec. 120. Authorization of appropriations for certain ground water
programs.
Sec. 121. Amendments to section 1442.
Sec. 122. Technical assistance.
Sec. 123. Operator certification.
Sec. 124. Public water system supervision program.
Sec. 125. Monitoring and information gathering.
Sec. 126. Occurrence data base.
Sec. 127. Drinking Water Advisory Council.
Sec. 128. New York City watershed protection program.
Sec. 129. Federal agencies.
Sec. 130. State revolving loan funds.
Sec. 131. State ground water protection grants.
Sec. 132. Source water assessment.
Sec. 133. Source water petition program.
Sec. 134. Water conservation plan.
Sec. 135. Drinking water assistance to colonias.
Sec. 136. Estrogenic substances screening program.
Sec. 137. Drinking water studies.
TITLE II--DRINKING WATER RESEARCH
Sec. 201. Drinking water research authorization.
Sec. 202. Scientific research review.
Sec. 203. National center for ground water research.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Water return flows.
Sec. 302 Transfer of funds.
Sec. 303. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 304. Sense of the Congress.
Sec. 305. Bottled drinking water standards.
Sec. 306. Washington Aqueduct.
Sec. 307. Wastewater assistance to colonias.
Sec. 308. Prevention and control of zebra mussel infestation of Lake
Champlain.
TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS
Sec. 401. National program.
TITLE V--CLERICAL AMENDMENTS
Sec. 501. Clerical amendments.
SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.
(a) References to Safe Drinking Water Act.--Except as
otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to that section or other
provision of title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act'') (42
U.S.C. 300f et seq.).
(b) Effective Date.--Except as otherwise specified in this
Act or in the amendments made by this Act, this Act and the
amendments made by this Act shall take effect on the date of
enactment of this Act.
(c) Disclaimer.--Except for the provisions of section 302
(relating to transfers of funds), nothing in this Act or in
any amendments made by this Act to title XIV of the Public
Health Service Act (commonly known as the ``Safe Drinking
Water Act'') or any other law shall be construed by the
Administrator of the Environmental Protection Agency or the
courts as affecting, modifying, expanding, changing, or
altering--
(1) the provisions of the Federal Water Pollution Control
Act;
(2) the duties and responsibilities of the Administrator
under that Act; or
(3) the regulation or control of point or nonpoint sources
of pollution discharged into waters covered by that Act.
The Administrator shall identify in the agency's annual
budget all funding and full-time equivalents administering
such title XIV separately from funding and staffing for the
Federal Water Pollution Control Act.
SEC. 3. FINDINGS.
The Congress finds that--
(1) safe drinking water is essential to the protection of
public health;
(2) because the requirements of the Safe Drinking Water Act
(42 U.S.C. 300f et seq.) now exceed the financial and
technical capacity of some public water systems, especially
many small public water systems, the Federal Government needs
to provide assistance to communities to help the communities
meet Federal drinking water requirements;
(3) the Federal Government commits to maintaining and
improving its partnership with the States in the
administration and implementation of the Safe Drinking Water
Act;
(4) States play a central role in the implementation of
safe drinking water programs, and States need increased
financial resources and appropriate flexibility to ensure the
prompt and effective development and implementation of
drinking water programs;
(5) the existing process for the assessment and selection
of additional drinking water contaminants needs to be revised
and improved to ensure that there is a sound scientific basis
for setting priorities in establishing drinking water
regulations;
(6) procedures for assessing the health effects of
contaminants establishing drinking water standards should be
revised to provide greater opportunity for public education
and participation;
(7) in considering the appropriate level of regulation for
contaminants in drinking water, risk assessment, based on
sound and objective science, and benefit-cost analysis are
important analytical tools for improving the efficiency and
effectiveness of drinking water regulations to protect human
health;
(8) more effective protection of public health requires--
(A) a Federal commitment to set priorities that will allow
scarce Federal, State, and local resources to be targeted
toward the drinking water problems of greatest public health
concern;
(B) maximizing the value of the different and complementary
strengths and responsibilities of the Federal and State
governments in those States that have primary enforcement
responsibility for the Safe Drinking Water Act; and
(C) prevention of drinking water contamination through
well-trained system operators, water systems with adequate
managerial, technical, and financial capacity, and enhanced
protection of source waters of public water systems;
(9) compliance with the requirements of the Safe Drinking
Water Act continues to be a concern at public water systems
experiencing technical and financial limitations, and
Federal, State, and local governments need more resources and
more effective authority to attain the objectives of the Safe
Drinking Water Act; and
(10) consumers served by public water systems should be
provided with information on the source of the water they are
drinking and its quality and safety, as well as prompt
notification of any violation of drinking water regulations.
TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT
SEC. 101. DEFINITIONS.
(a) In General.--Section 1401 (42 U.S.C. 300f) is amended
as follows:
(1) In paragraph (1)--
(A) in subparagraph (D), by inserting ``accepted methods
for'' before ``quality control''; and
(B) by adding at the end the following: ``At any time after
promulgation of a regulation referred to in this paragraph,
the Administrator may add equally effective quality control
and testing procedures by guidance published in the Federal
Register. Such procedures shall be treated as an alternative
for public water systems to the quality control and testing
procedures listed in the regulation.''.
(2) In paragraph (13)--
(A) by striking ``The'' and inserting ``(A) Except as
provided in subparagraph (B), the''; and
(B) by adding at the end the following:
``(B) For purposes of section 1452, the term `State' means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.''.
(3) In paragraph (14), by adding at the end the following:
``For purposes of section 1452, the term includes any Native
village (as defined in section 3(c) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(c))).''.
(4) By adding at the end the following:
``(15) Community water system.--The term `community water
system' means a public water system that--
``(A) serves at least 15 service connections used by year-
round residents of the area served by the system; or
``(B) regularly serves at least 25 year-round residents.
[[Page 2098]]
``(16) Noncommunity water system.--The term `noncommunity
water system' means a public water system that is not a
community water system.''.
(b) Public Water System.--
(1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is
amended as follows:
(A) In the first sentence, by striking ``piped water for
human consumption'' and inserting ``water for human
consumption through pipes or other constructed conveyances''.
(B) By redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively.
(C) By striking ``(4) The'' and inserting the following:
``(4) Public water system.--
``(A) In general.--The''; and
(D) by adding at the end the following:
``(B) Connections.--
``(i) In general.--For purposes of subparagraph (A), a
connection to a system that delivers water by a constructed
conveyance other than a pipe shall not be considered a
connection, if--
``(I) the water is used exclusively for purposes other than
residential uses (consisting of drinking, bathing, and
cooking, or other similar uses);
``(II) the Administrator or the State (in the case of a
State exercising primary enforcement responsibility for
public water systems) determines that alternative water to
achieve the equivalent level of public health protection
provided by the applicable national primary drinking water
regulation is provided for residential or similar uses for
drinking and cooking; or
``(III) the Administrator or the State (in the case of a
State exercising primary enforcement responsibility for
public water systems) determines that the water provided for
residential or similar uses for drinking, cooking, and
bathing is centrally treated or treated at the point of entry
by the provider, a pass-through entity, or the user to
achieve the equivalent level of protection provided by the
applicable national primary drinking water regulations.
``(ii) Irrigation districts.--An irrigation district in
existence prior to May 18, 1994, that provides primarily
agricultural service through a piped water system with only
incidental residential or similar use shall not be considered
to be a public water system if the system or the residential
or similar users of the system comply with subclause (II) or
(III) of clause (i).
``(C) Transition period.--A water supplier that would be a
public water system only as a result of modifications made to
this paragraph by the Safe Drinking Water Act Amendments of
1996 shall not be considered a public water system for
purposes of the Act until the date that is two years after
the date of enactment of this subparagraph. If a water
supplier does not serve 15 service connections (as defined in
subparagraphs (A) and (B)) or 25 people at any time after the
conclusion of the 2-year period, the water supplier shall not
be considered a public water system.''.
(2) GAO study.--The Comptroller General of the United
States shall undertake a study to--
(A) ascertain the numbers and locations of individuals and
households relying for their residential water needs,
including drinking, bathing, and cooking (or other similar
uses) on irrigation water systems, mining water systems,
industrial water systems, or other water systems covered by
section 1401(4)(B) of the Safe Drinking Water Act that are
not public water systems subject to the Safe Drinking Water
Act;
(B) determine the sources and costs and affordability (to
users and systems) of water used by such populations for
their residential water needs; and
(C) review State and water system compliance with the
exclusion provisions of section 1401(4)(B) of such Act.
The Comptroller General shall submit a report to the Congress
within 3 years after the date of enactment of this Act
containing the results of such study.
SEC. 102. GENERAL AUTHORITY.
(a) Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended by striking ``(b)(1)'' and all that follows through
the end of paragraph (3) and inserting the following:
``(b) Standards.--
``(1) Identification of contaminants for listing.--
``(A) General authority.--The Administrator shall, in
accordance with the procedures established by this
subsection, publish a maximum contaminant level goal and
promulgate a national primary drinking water regulation for a
contaminant (other than a contaminant referred to in
paragraph (2) for which a national primary drinking water
regulation has been promulgated as of the date of enactment
of the Safe Drinking Water Act Amendments of 1996) if the
Administrator determines that--
``(i) the contaminant may have an adverse effect on the
health of persons;
``(ii) the contaminant is known to occur or there is a
substantial likelihood that the contaminant will occur in
public water systems with a frequency and at levels of public
health concern; and
``(iii) in the sole judgment of the Administrator,
regulation of such contaminant presents a meaningful
opportunity for health risk reduction for persons served by
public water systems.
``(B) Regulation of unregulated contaminants.--
``(i) Listing of contaminants for consideration.--(I) Not
later than 18 months after the date of enactment of the Safe
Drinking Water Act Amendments of 1996 and every 5 years
thereafter, the Administrator, after consultation with the
scientific community, including the Science Advisory Board,
after notice and opportunity for public comment, and after
considering the occurrence data base established under
section 1445(g), shall publish a list of contaminants which,
at the time of publication, are not subject to any proposed
or promulgated national primary drinking water regulation,
which are known or anticipated to occur in public water
systems, and which may require regulation under this title.
``(II) The unregulated contaminants considered under
subclause (I) shall include, but not be limited to,
substances referred to in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and substances registered as
pesticides under the Federal Insecticide, Fungicide, and
Rodenticide Act.
``(III) The Administrator's decision whether or not to
select an unregulated contaminant for a list under this
clause shall not be subject to judicial review.
``(ii) Determination to regulate.--(I) Not later than 5
years after the date of enactment of the Safe Drinking Water
Act Amendments of 1996, and every 5 years thereafter, the
Administrator shall, after notice of the preliminary
determination and opportunity for public comment, for not
fewer than 5 contaminants included on the list published
under clause (i), make determinations of whether or not to
regulate such contaminants.
``(II) A determination to regulate a contaminant shall be
based on findings that the criteria of clauses (i), (ii), and
(iii) of subparagraph (A) are satisfied. Such findings shall
be based on the best available public health information,
including the occurrence data base established under section
1445(g).
``(III) The Administrator may make a determination to
regulate a contaminant that does not appear on a list under
clause (i) if the determination to regulate is made pursuant
to subclause (II).
``(IV) A determination under this clause not to regulate a
contaminant shall be considered final agency action and
subject to judicial review.
``(iii) Review.--Each document setting forth the
determination for a contaminant under clause (ii) shall be
available for public comment at such time as the
determination is published.
``(C) Priorities.--In selecting unregulated contaminants
for consideration under subparagraph (B), the Administrator
shall select contaminants that present the greatest public
health concern. The Administrator, in making such selection,
shall take into consideration, among other factors of public
health concern, the effect of such contaminants upon
subgroups that comprise a meaningful portion of the general
population (such as infants, children, pregnant women, the
elderly, individuals with a history of serious illness, or
other subpopulations) that are identifiable as being at
greater risk of adverse health effects due to exposure to
contaminants in drinking water than the general population.
``(D) Urgent threats to public health.--The Administrator
may promulgate an interim national primary drinking water
regulation for a contaminant without making a determination
for the contaminant under paragraph (4)(C), or completing the
analysis under paragraph (3)(C), to address an urgent threat
to public health as determined by the Administrator after
consultation with and written response to any comments
provided by the Secretary of Health and Human Services,
acting through the director of the Centers for Disease
Control and Prevention or the director of the National
Institutes of Health. A determination for any contaminant in
accordance with paragraph (4)(C) subject to an interim
regulation under this subparagraph shall be issued, and a
completed analysis meeting the requirements of paragraph
(3)(C) shall be published, not later than 3 years after the
date on which the regulation is promulgated and the
regulation shall be repromulgated, or revised if appropriate,
not later than 5 years after that date.
``(E) Regulation.--For each contaminant that the
Administrator determines to regulate under subparagraph (B),
the Administrator shall publish maximum contaminant level
goals and promulgate, by rule, national primary drinking
water regulations under this subsection. The Administrator
shall propose the maximum contaminant level goal and national
primary drinking water regulation for a contaminant not later
than 24 months after the determination to regulate under
subparagraph (B), and may publish such proposed regulation
concurrent with the determination to regulate. The
Administrator shall publish a maximum contaminant level goal
and promulgate a national primary drinking water regulation
within 18 months after the proposal thereof. The
Administrator, by notice in the Federal Register, may extend
the deadline for such promulgation for up to 9 months.
``(F) Health advisories and other actions.--The
Administrator may publish health advisories (which are not
regulations) or take other appropriate actions for
contaminants not subject to any national primary drinking
water regulation.
``(2) Schedules and deadlines.--
``(A) In general.--In the case of the contaminants listed
in the Advance Notice of Proposed Rulemaking published in
volume 47, Federal Register, page 9352, and in volume 48,
Federal Register, page 45502, the Administrator shall publish
maximum con
[[Page 2099]]
taminant level goals and promulgate national primary drinking
water regulations--
``(i) not later than 1 year after June 19, 1986, for not
fewer than 9 of the listed contaminants;
``(ii) not later than 2 years after June 19, 1986, for not
fewer than 40 of the listed contaminants; and
``(iii) not later than 3 years after June 19, 1986, for the
remainder of the listed contaminants.
``(B) Substitution of contaminants.--If the Administrator
identifies a drinking water contaminant the regulation of
which, in the judgment of the Administrator, is more likely
to be protective of public health (taking into account the
schedule for regulation under subparagraph (A)) than a
contaminant referred to in subparagraph (A), the
Administrator may publish a maximum contaminant level goal
and promulgate a national primary drinking water regulation
for the identified contaminant in lieu of regulating the
contaminant referred to in subparagraph (A). Substitutions
may be made for not more than 7 contaminants referred to in
subparagraph (A). Regulation of a contaminant identified
under this subparagraph shall be in accordance with the
schedule applicable to the contaminant for which the
substitution is made.
``(C) Disinfectants and disinfection byproducts.--The
Administrator shall promulgate an Interim Enhanced Surface
Water Treatment Rule, a Final Enhanced Surface Water
Treatment Rule, a Stage I Disinfectants and Disinfection
Byproducts Rule, and a Stage II Disinfectants and
Disinfection Byproducts Rule in accordance with the schedule
published in volume 59, Federal Register, page 6361 (February
10, 1994), in table III.13 of the proposed Information
Collection Rule. If a delay occurs with respect to the
promulgation of any rule in the schedule referred to in this
subparagraph, all subsequent rules shall be completed as
expeditiously as practicable but no later than a revised date
that reflects the interval or intervals for the rules in the
schedule.''.
(b) Applicability of Prior Requirements.--The requirements
of subparagraphs (C) and (D) of section 1412(b)(3) of the
Safe Drinking Water Act as in effect before the date of
enactment of this Act, and any obligation to promulgate
regulations pursuant to such subparagraphs not promulgated as
of the date of enactment of this Act, are superseded by the
amendments made by subsection (a).
(c) Conforming Amendments.--(1) Section 1415(d) (42 U.S.C.
300g-4(d)) is amended by striking ``1412(b)(3)'' and
inserting ``1412(b)''.
(2) Section 1412(a)(3) (42 U.S.C. 300g-1(a)(3)) is amended
by striking ``paragraph (1), (2), or (3) of'' in each place
it appears.
SEC. 103. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.
Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by
inserting after paragraph (2) the following:
``(3) Risk assessment, management, and communication.--
``(A) Use of science in decisionmaking.--In carrying out
this section, and, to the degree that an Agency action is
based on science, the Administrator shall use--
``(i) the best available, peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices; and
``(ii) data collected by accepted methods or best available
methods (if the reliability of the method and the nature of
the decision justifies use of the data).
``(B) Public information.--In carrying out this section,
the Administrator shall ensure that the presentation of
information on public health effects is comprehensive,
informative, and understandable. The Administrator shall, in
a document made available to the public in support of a
regulation promulgated under this section, specify, to the
extent practicable--
``(i) each population addressed by any estimate of public
health effects;
``(ii) the expected risk or central estimate of risk for
the specific populations;
``(iii) each appropriate upper-bound or lower-bound
estimate of risk;
``(iv) each significant uncertainty identified in the
process of the assessment of public health effects and
studies that would assist in resolving the uncertainty; and
``(v) peer-reviewed studies known to the Administrator that
support, are directly relevant to, or fail to support any
estimate of public health effects and the methodology used to
reconcile inconsistencies in the scientific data.
``(C) Health risk reduction and cost analysis.--
``(i) Maximum contaminant levels.--When proposing any
national primary drinking water regulation that includes a
maximum contaminant level, the Administrator shall, with
respect to a maximum contaminant level that is being
considered in accordance with paragraph (4) and each
alternative maximum contaminant level that is being
considered pursuant to paragraph (5) or (6)(A), publish, seek
public comment on, and use for the purposes of paragraphs
(4), (5), and (6) an analysis of each of the following:
``(I) Quantifiable and nonquantifiable health risk
reduction benefits for which there is a factual basis in the
rulemaking record to conclude that such benefits are likely
to occur as the result of treatment to comply with each
level.
``(II) Quantifiable and nonquantifiable health risk
reduction benefits for which there is a factual basis in the
rulemaking record to conclude that such benefits are likely
to occur from reductions in co-occurring contaminants that
may be attributed solely to compliance with the maximum
contaminant level, excluding benefits resulting from
compliance with other proposed or promulgated regulations.
``(III) Quantifiable and nonquantifiable costs for which
there is a factual basis in the rulemaking record to conclude
that such costs are likely to occur solely as a result of
compliance with the maximum contaminant level, including
monitoring, treatment, and other costs and excluding costs
resulting from compliance with other proposed or promulgated
regulations.
``(IV) The incremental costs and benefits associated with
each alternative maximum contaminant level considered.
``(V) The effects of the contaminant on the general
population and on groups within the general population such
as infants, children, pregnant women, the elderly,
individuals with a history of serious illness, or other
subpopulations that are identified as likely to be at greater
risk of adverse health effects due to exposure to
contaminants in drinking water than the general population.
``(VI) Any increased health risk that may occur as the
result of compliance, including risks associated with co-
occurring contaminants.
``(VII) Other relevant factors, including the quality and
extent of the information, the uncertainties in the analysis
supporting subclauses (I) through (VI), and factors with
respect to the degree and nature of the risk.
``(ii) Treatment techniques.--When proposing a national
primary drinking water regulation that includes a treatment
technique in accordance with paragraph (7)(A), the
Administrator shall publish and seek public comment on an
analysis of the health risk reduction benefits and costs
likely to be experienced as the result of compliance with the
treatment technique and alternative treatment techniques that
are being considered, taking into account, as appropriate,
the factors described in clause (i).
``(iii) Approaches to measure and value benefits.--The
Administrator may identify valid approaches for the
measurement and valuation of benefits under this
subparagraph, including approaches to identify consumer
willingness to pay for reductions in health risks from
drinking water contaminants.
``(iv) Authorization.--There are authorized to be
appropriated to the Administrator, acting through the Office
of Ground Water and Drinking Water, to conduct studies,
assessments, and analyses in support of regulations or the
development of methods, $35,000,000 for each of fiscal years
1996 through 2003.''.
SEC. 104. STANDARD-SETTING.
(a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended as follows:
(1) In paragraph (4)--
(A) by striking ``(4) Each'' and inserting the following:
``(4) Goals and standards.--
``(A) Maximum contaminant level goals.--Each'';
(B) in the last sentence--
(i) by striking ``Each national'' and inserting the
following:
``(B) Maximum contaminant levels.-- Except as provided in
paragraphs (5) and (6), each national''; and
(ii) by striking ``maximum level'' and inserting ``maximum
contaminant level''; and
(C) by adding at the end the following:
``(C) Determination.--At the time the Administrator
proposes a national primary drinking water regulation under
this paragraph, the Administrator shall publish a
determination as to whether the benefits of the maximum
contaminant level justify, or do not justify, the costs based
on the analysis conducted under paragraph (3)(C).''.
(2) By striking ``(5) For the'' and inserting the
following:
``(D) Definition of feasible.--For the''.
(3) In the second sentence of paragraph (4)(D) (as so
designated), by striking ``paragraph (4)'' and inserting
``this paragraph''.
(4) By striking ``(6) Each national'' and inserting the
following:
``(E) Feasible technologies.--
``(i) In general.--Each national''.
(5) In paragraph (4)(E)(i) (as so designated), by striking
``this paragraph'' and inserting ``this subsection''.
(6) By inserting after paragraph (4) (as so amended) the
following:
``(5) Additional health risk considerations.--
``(A) In general.--Notwithstanding paragraph (4), the
Administrator may establish a maximum contaminant level for a
contaminant at a level other than the feasible level, if the
technology, treatment techniques, and other means used to
determine the feasible level would result in an increase in
the health risk from drinking water by--
``(i) increasing the concentration of other contaminants in
drinking water; or
``(ii) interfering with the efficacy of drinking water
treatment techniques or processes that are used to comply
with other national primary drinking water regulations.
``(B) Establishment of level.--If the Administrator
establishes a maximum contaminant level or levels or requires
the use of treatment techniques for any contaminant or
contaminants pursuant to the authority of this paragraph--
``(i) the level or levels or treatment techniques shall
minimize the overall risk of adverse health effects by
balancing the risk from the contaminant and the risk from
other contaminants the concentrations of
[[Page 2100]]
which may be affected by the use of a treatment technique or
process that would be employed to attain the maximum
contaminant level or levels; and
``(ii) the combination of technology, treatment techniques,
or other means required to meet the level or levels shall not
be more stringent than is feasible (as defined in paragraph
(4)(D)).
``(6) Additional health risk reduction and cost
considerations.--
``(A) In general.--Notwithstanding paragraph (4), if the
Administrator determines based on an analysis conducted under
paragraph (3)(C) that the benefits of a maximum contaminant
level promulgated in accordance with paragraph (4) would not
justify the costs of complying with the level, the
Administrator may, after notice and opportunity for public
comment, promulgate a maximum contaminant level for the
contaminant that maximizes health risk reduction benefits at
a cost that is justified by the benefits.
``(B) Exception.--The Administrator shall not use the
authority of this paragraph to promulgate a maximum
contaminant level for a contaminant, if the benefits of
compliance with a national primary drinking water regulation
for the contaminant that would be promulgated in accordance
with paragraph (4) experienced by--
``(i) persons served by large public water systems; and
``(ii) persons served by such other systems as are
unlikely, based on information provided by the States, to
receive a variance under section 1415(e) (relating to small
system variances);
would justify the costs to the systems of complying with the
regulation. This subparagraph shall not apply if the
contaminant is found almost exclusively in small systems
eligible under section 1415(e) for a small system variance.
``(C) Disinfectants and disinfection byproducts.--The
Administrator may not use the authority of this paragraph to
establish a maximum contaminant level in a Stage I or Stage
II national primary drinking water regulation (as described
in paragraph (2)(C)) for contaminants that are disinfectants
or disinfection byproducts, or to establish a maximum
contaminant level or treatment technique requirement for the
control of cryptosporidium. The authority of this paragraph
may be used to establish regulations for the use of
disinfection by systems relying on ground water sources as
required by paragraph (8).
``(D) Judicial review.--A determination by the
Administrator that the benefits of a maximum contaminant
level or treatment requirement justify or do not justify the
costs of complying with the level shall be reviewed by the
court pursuant to section 1448 only as part of a review of a
final national primary drinking water regulation that has
been promulgated based on the determination and shall not be
set aside by the court under that section unless the court
finds that the determination is arbitrary and capricious.''.
(b) Disinfectants and Disinfection Byproducts.--The
Administrator of the Environmental Protection Agency may use
the authority of section 1412(b)(5) of the Safe Drinking
Water Act (as amended by this Act) to promulgate the Stage I
and Stage II Disinfectants and Disinfection Byproducts Rules
as proposed in volume 59, Federal Register, page 38668 (July
29, 1994). The considerations used in the development of the
July 29, 1994, proposed national primary drinking water
regulation on disinfectants and disinfection byproducts shall
be treated as consistent with such section 1412(b)(5) for
purposes of such Stage I and Stage II rules.
(c) Review of Standards.--Section 1412(b)(9) (42 U.S.C.
300g-1(b)(9)) is amended to read as follows:
``(9) Review and revision.--The Administrator shall, not
less often than every 6 years, review and revise, as
appropriate, each national primary drinking water regulation
promulgated under this title. Any revision of a national
primary drinking water regulation shall be promulgated in
accordance with this section, except that each revision shall
maintain, or provide for greater, protection of the health of
persons.''.
SEC. 105. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS.
Section 1412(b)(4)(E) (42 U.S.C. 300g-1(b)(4)(E)) is
amended by adding at the end the following:
``(ii) List of technologies for small systems.--The
Administrator shall include in the list any technology,
treatment technique, or other means that is affordable, as
determined by the Administrator in consultation with the
States, for small public water systems serving--
``(I) a population of 10,000 or fewer but more than 3,300;
``(II) a population of 3,300 or fewer but more than 500;
and
``(III) a population of 500 or fewer but more than 25;
and that achieves compliance with the maximum contaminant
level or treatment technique, including packaged or modular
systems and point-of-entry or point-of-use treatment units.
Point-of-entry and point-of-use treatment units shall be
owned, controlled and maintained by the public water system
or by a person under contract with the public water system to
ensure proper operation and maintenance and compliance with
the maximum contaminant level or treatment technique and
equipped with mechanical warnings to ensure that customers
are automatically notified of operational problems. The
Administrator shall not include in the list any point-of-use
treatment technology, treatment technique, or other means to
achieve compliance with a maximum contaminant level or
treatment technique requirement for a microbial contaminant
(or an indicator of a microbial contaminant). If the American
National Standards Institute has issued product standards
applicable to a specific type of point-of-entry or point-of-
use treatment unit, individual units of that type shall not
be accepted for compliance with a maximum contaminant level
or treatment technique requirement unless they are
independently certified in accordance with such standards. In
listing any technology, treatment technique, or other means
pursuant to this clause, the Administrator shall consider the
quality of the source water to be treated.
``(iii) List of technologies that achieve compliance.--
Except as provided in clause (v), not later than 2 years
after the date of enactment of this clause and after
consultation with the States, the Administrator shall issue a
list of technologies that achieve compliance with the maximum
contaminant level or treatment technique for each category of
public water systems described in subclauses (I), (II), and
(III) of clause (ii) for each national primary drinking water
regulation promulgated prior to the date of enactment of this
paragraph.
``(iv) Additional technologies.--The Administrator may, at
any time after a national primary drinking water regulation
has been promulgated, supplement the list of technologies
describing additional or new or innovative treatment
technologies that meet the requirements of this paragraph for
categories of small public water systems described in
subclauses (I), (II), and (III) of clause (ii) that are
subject to the regulation.
``(v) Technologies that meet surface water treatment
rule.--Within one year after the date of enactment of this
clause, the Administrator shall list technologies that meet
the Surface Water Treatment Rule for each category of public
water systems described in subclauses (I), (II), and (III) of
clause (ii).''.
SEC. 106. LIMITED ALTERNATIVE TO FILTRATION.
Section 1412(b)(7)(C) (42 U.S.C. 300g-1(b)(7)(C)) is
amended by adding the following after clause (iv):
``(v) As an additional alternative to the regulations
promulgated pursuant to clauses (i) and (iii), including the
criteria for avoiding filtration contained in 40 CFR 141.71,
a State exercising primary enforcement responsibility for
public water systems may, on a case-by-case basis, and after
notice and opportunity for public comment, establish
treatment requirements as an alternative to filtration in the
case of systems having uninhabited, undeveloped watersheds in
consolidated ownership, and having control over access to,
and activities in, those watersheds, if the State determines
(and the Administrator concurs) that the quality of the
source water and the alternative treatment requirements
established by the State ensure greater removal or
inactivation efficiencies of pathogenic organisms for which
national primary drinking water regulations have been
promulgated or that are of public health concern than would
be achieved by the combination of filtration and chlorine
disinfection (in compliance with this section).''.
SEC. 107. GROUND WATER DISINFECTION.
Paragraph (8) of section 1412(b) (42 U.S.C. 300g-1(b)(8))
is amended by moving the margins of such paragraph 2 ems to
the right and by striking the first sentence and inserting
the following: ``Disinfection.--At any time after the end of
the 3-year period that begins on the date of enactment of the
Safe Drinking Water Act Amendments of 1996, but not later
than the date on which the Administrator promulgates a Stage
II rulemaking for disinfectants and disinfection byproducts
(as described in paragraph (2)(C)), the Administrator shall
also promulgate national primary drinking water regulations
requiring disinfection as a treatment technique for all
public water systems, including surface water systems and, as
necessary, ground water systems. After consultation with the
States, the Administrator shall (as part of the regulations)
promulgate criteria that the Administrator, or a State that
has primary enforcement responsibility under section 1413,
shall apply to determine whether disinfection shall be
required as a treatment technique for any public water system
served by ground water.''.
SEC. 108. EFFECTIVE DATE FOR REGULATIONS.
Section 1412(b)(10) (42 U.S.C. 300g-1(b)(10)) is amended to
read as follows:
``(10) Effective date.--A national primary drinking water
regulation promulgated under this section (and any amendment
thereto) shall take effect on the date that is 3 years after
the date on which the regulation is promulgated unless the
Administrator determines that an earlier date is practicable,
except that the Administrator, or a State (in the case of an
individual system), may allow up to 2 additional years to
comply with a maximum contaminant level or treatment
technique if the Administrator or State (in the case of an
individual system) determines that additional time is
necessary for capital improvements.''.
SEC. 109. ARSENIC, SULFATE, AND RADON.
(a) Arsenic and Sulfate.--Section 1412(b) (42 U.S.C. 300g-
1(b)) is amended by inserting after paragraph (11) the
following:
``(12) Certain contaminants.--
``(A) Arsenic.--
[[Page 2101]]
``(i) Schedule and standard.--Notwithstanding the deadlines
set forth in paragraph (1), the Administrator shall
promulgate a national primary drinking water regulation for
arsenic pursuant to this subsection, in accordance with the
schedule established by this paragraph.
``(ii) Study plan.--Not later than 180 days after the date
of enactment of this paragraph, the Administrator shall
develop a comprehensive plan for study in support of drinking
water rulemaking to reduce the uncertainty in assessing
health risks associated with exposure to low levels of
arsenic. In conducting such study, the Administrator shall
consult with the National Academy of Sciences, other Federal
agencies, and interested public and private entities.
``(iii) Cooperative agreements.--In carrying out the study
plan, the Administrator may enter into cooperative agreements
with other Federal agencies, State and local governments, and
other interested public and private entities.
``(iv) Proposed regulations.--The Administrator shall
propose a national primary drinking water regulation for
arsenic not later than January 1, 2000.
``(v) Final regulations.--Not later than January 1, 2001,
after notice and opportunity for public comment, the
Administrator shall promulgate a national primary drinking
water regulation for arsenic.
``(vi) Authorization.--There are authorized to be
appropriated $2,500,000 for each of fiscal years 1997 through
2000 for the studies required by this paragraph.
``(B) Sulfate.--
``(i) Additional study.--Prior to promulgating a national
primary drinking water regulation for sulfate, the
Administrator and the Director of the Centers for Disease
Control and Prevention shall jointly conduct an additional
study to establish a reliable dose-response relationship for
the adverse human health effects that may result from
exposure to sulfate in drinking water, including the health
effects that may be experienced by groups within the general
population (including infants and travelers) that are
potentially at greater risk of adverse health effects as the
result of such exposure. The study shall be conducted in
consultation with interested States, shall be based on the
best available, peer-reviewed science and supporting studies
conducted in accordance with sound and objective scientific
practices, and shall be completed not later than 30 months
after the date of enactment of the Safe Drinking Water Act
Amendments of 1996.
``(ii) Determination.--The Administrator shall include
sulfate among the 5 or more contaminants for which a
determination is made pursuant to paragraph (3)(B) not later
than 5 years after the date of enactment of the Safe Drinking
Water Act Amendments of 1996.
``(iii) Proposed and final rule.--Notwithstanding the
deadlines set forth in paragraph (2), the Administrator may,
pursuant to the authorities of this subsection and after
notice and opportunity for public comment, promulgate a final
national primary drinking water regulation for sulfate. Any
such regulation shall include requirements for public
notification and options for the provision of alternative
water supplies to populations at risk as a means of complying
with the regulation in lieu of a best available treatment
technology or other means.''.
(b) Radon.--Section 1412(b) (42 U.S.C. 300g-1(b)) is
amended by inserting after paragraph (12) the following:
``(13) Radon in drinking water.--
``(A) National primary drinking water regulation.--
Notwithstanding paragraph (2), the Administrator shall
withdraw any national primary drinking water regulation for
radon proposed prior to the date of enactment of this
paragraph and shall propose and promulgate a regulation for
radon under this section, as amended by the Safe Drinking
Water Act Amendments of 1996.
``(B) Risk assessment and studies.--
``(i) Assessment by nas.--Prior to proposing a national
primary drinking water regulation for radon, the
Administrator shall arrange for the National Academy of
Sciences to prepare a risk assessment for radon in drinking
water using the best available science in accordance with the
requirements of paragraph (3). The risk assessment shall
consider each of the risks associated with exposure to radon
from drinking water and consider studies on the health
effects of radon at levels and under conditions likely to be
experienced through residential exposure. The risk assessment
shall be peer-reviewed.
``(ii) Study of other measures.--The Administrator shall
arrange for the National Academy of Sciences to prepare an
assessment of the health risk reduction benefits associated
with various mitigation measures to reduce radon levels in
indoor air. The assessment may be conducted as part of the
risk assessment authorized by clause (i) and shall be used by
the Administrator to prepare the guidance and approve State
programs under subparagraph (G).
``(iii) Other organization.--If the National Academy of
Sciences declines to prepare the risk assessment or studies
required by this subparagraph, the Administrator shall enter
into a contract or cooperative agreement with another
independent, scientific organization to prepare such
assessments or studies.
``(C) Health risk reduction and cost analysis.--Not later
than 30 months after the date of enactment of this paragraph,
the Administrator shall publish, and seek public comment on,
a health risk reduction and cost analysis meeting the
requirements of paragraph (3)(C) for potential maximum
contaminant levels that are being considered for radon in
drinking water. The Administrator shall include a response to
all significant public comments received on the analysis with
the preamble for the proposed rule published under
subparagraph (D).
``(D) Proposed regulation.--Not later than 36 months after
the date of enactment of this paragraph, the Administrator
shall propose a maximum contaminant level goal and a national
primary drinking water regulation for radon pursuant to this
section.
``(E) Final regulation.--Not later than 12 months after the
date of the proposal under subparagraph (D), the
Administrator shall publish a maximum contaminant level goal
and promulgate a national primary drinking water regulation
for radon pursuant to this section based on the risk
assessment prepared pursuant to subparagraph (B) and the
health risk reduction and cost analysis published pursuant to
subparagraph (C). In considering the risk assessment and the
health risk reduction and cost analysis in connection with
the promulgation of such a standard, the Administrator shall
take into account the costs and benefits of control programs
for radon from other sources.
``(F) Alternative maximum contaminant level.--If the
maximum contaminant level for radon in drinking water
promulgated pursuant to subparagraph (E) is more stringent
than necessary to reduce the contribution to radon in indoor
air from drinking water to a concentration that is equivalent
to the national average concentration of radon in outdoor
air, the Administrator shall, simultaneously with the
promulgation of such level, promulgate an alternative maximum
contaminant level for radon that would result in a
contribution of radon from drinking water to radon levels in
indoor air equivalent to the national average concentration
of radon in outdoor air. If the Administrator promulgates an
alternative maximum contaminant level under this
subparagraph, the Administrator shall, after notice and
opportunity for public comment and in consultation with the
States, publish guidelines for State programs, including
criteria for multimedia measures to mitigate radon levels in
indoor air, to be used by the States in preparing programs
under subparagraph (G). The guidelines shall take into
account data from existing radon mitigation programs and the
assessment of mitigation measures prepared under subparagraph
(B).
``(G) Multimedia radon mitigation programs.--
``(i) In general.--A State may develop and submit a
multimedia program to mitigate radon levels in indoor air for
approval by the Administrator under this subparagraph. If,
after notice and the opportunity for public comment, such
program is approved by the Administrator, public water
systems in the State may comply with the alternative maximum
contaminant level promulgated under subparagraph (F) in lieu
of the maximum contaminant level in the national primary
drinking water regulation promulgated under subparagraph (E).
``(ii) Elements of programs.--State programs may rely on a
variety of mitigation measures including public education,
testing, training, technical assistance, remediation grant
and loan or incentive programs, or other regulatory or
nonregulatory measures. The effectiveness of elements in
State programs shall be evaluated by the Administrator based
on the assessment prepared by the National Academy of
Sciences under subparagraph (B) and the guidelines published
by the Administrator under subparagraph (F).
``(iii) Approval.--The Administrator shall approve a State
program submitted under this paragraph if the health risk
reduction benefits expected to be achieved by the program are
equal to or greater than the health risk reduction benefits
that would be achieved if each public water system in the
State complied with the maximum contaminant level promulgated
under subparagraph (E). The Administrator shall approve or
disapprove a program submitted under this paragraph within
180 days of receipt. A program that is not disapproved during
such period shall be deemed approved. A program that is
disapproved may be modified to address the objections of the
Administrator and be resubmitted for approval.
``(iv) Review.--The Administrator shall periodically, but
not less often than every 5 years, review each multimedia
mitigation program approved under this subparagraph to
determine whether it continues to meet the requirements of
clause (iii) and shall, after written notice to the State and
an opportunity for the State to correct any deficiency in the
program, withdraw approval of programs that no longer comply
with such requirements.
``(v) Extension.--If, within 90 days after the promulgation
of an alternative maximum contaminant level under
subparagraph (F), the Governor of a State submits a letter to
the Administrator committing to develop a multimedia
mitigation program under this subparagraph, the effective
date of the national primary drinking water regulation for
radon in the State that would be applicable under paragraph
(10) shall be extended for a period of 18 months.
``(vi) Local programs.--In the event that a State chooses
not to submit a multimedia mitigation program for approval
under this subparagraph or has submitted a program that has
been disapproved, any public water system in the State may
submit a program for approval by the Administrator according
[[Page 2102]]
to the same criteria, conditions, and approval process that
would apply to a State program. The Administrator shall
approve a multimedia mitigation program if the health risk
reduction benefits expected to be achieved by the program are
equal to or greater than the health risk reduction benefits
that would result from compliance by the public water system
with the maximum contaminant level for radon promulgated
under subparagraph (E).''.
SEC. 110. RECYCLING OF FILTER BACKWASH.
Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by adding
the following new paragraph after paragraph (13):
``(14) Recycling of filter backwash.--The Administrator
shall promulgate a regulation to govern the recycling of
filter backwash water within the treatment process of a
public water system. The Administrator shall promulgate such
regulation not later than 4 years after the date of enactment
of the Safe Drinking Water Act Amendments of 1996 unless such
recycling has been addressed by the Administrator's Enhanced
Surface Water Treatment Rule prior to such date.''.
SEC. 111. TECHNOLOGY AND TREATMENT TECHNIQUES.
(a) Variance Technologies.--Section 1412(b) (42 U.S.C.
300g-1(b)) is amended by adding the following new paragraph
after paragraph (14):
``(15) Variance technologies.--
``(A) In general.--At the same time as the Administrator
promulgates a national primary drinking water regulation for
a contaminant pursuant to this section, the Administrator
shall issue guidance or regulations describing the best
treatment technologies, treatment techniques, or other means
(referred to in this paragraph as `variance technology') for
the contaminant that the Administrator finds, after
examination for efficacy under field conditions and not
solely under laboratory conditions, are available and
affordable, as determined by the Administrator in
consultation with the States, for public water systems of
varying size, considering the quality of the source water to
be treated. The Administrator shall identify such variance
technologies for public water systems serving--
``(i) a population of 10,000 or fewer but more than 3,300;
``(ii) a population of 3,300 or fewer but more than 500;
and
``(iii) a population of 500 or fewer but more than 25,
if, considering the quality of the source water to be
treated, no treatment technology is listed for public water
systems of that size under paragraph (4)(E). Variance
technologies identified by the Administrator pursuant to this
paragraph may not achieve compliance with the maximum
contaminant level or treatment technique requirement of such
regulation, but shall achieve the maximum reduction or
inactivation efficiency that is affordable considering the
size of the system and the quality of the source water. The
guidance or regulations shall not require the use of a
technology from a specific manufacturer or brand.
``(B) Limitation.--The Administrator shall not identify any
variance technology under this paragraph, unless the
Administrator has determined, considering the quality of the
source water to be treated and the expected useful life of
the technology, that the variance technology is protective of
public health.
``(C) Additional information.--The Administrator shall
include in the guidance or regulations identifying variance
technologies under this paragraph any assumptions supporting
the public health determination referred to in subparagraph
(B), where such assumptions concern the public water system
to which the technology may be applied, or its source waters.
The Administrator shall provide any assumptions used in
determining affordability, taking into consideration the
number of persons served by such systems. The Administrator
shall provide as much reliable information as practicable on
performance, effectiveness, limitations, costs, and other
relevant factors including the applicability of variance
technology to waters from surface and underground sources.
``(D) Regulations and guidance.--Not later than 2 years
after the date of enactment of this paragraph and after
consultation with the States, the Administrator shall issue
guidance or regulations under subparagraph (A) for each
national primary drinking water regulation promulgated prior
to the date of enactment of this paragraph for which a
variance may be granted under section 1415(e). The
Administrator may, at any time after a national primary
drinking water regulation has been promulgated, issue
guidance or regulations describing additional variance
technologies. The Administrator shall, not less often than
every 7 years, or upon receipt of a petition supported by
substantial information, review variance technologies
identified under this paragraph. The Administrator shall
issue revised guidance or regulations if new or innovative
variance technologies become available that meet the
requirements of this paragraph and achieve an equal or
greater reduction or inactivation efficiency than the
variance technologies previously identified under this
subparagraph. No public water system shall be required to
replace a variance technology during the useful life of the
technology for the sole reason that a more efficient variance
technology has been listed under this subparagraph.''.
(b) Availability of Information on Small System
Technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by
adding the following new subsection after subsection (g):
``(h) Availability of Information on Small System
Technologies.--For purposes of sections 1412(b)(4)(E) and
1415(e) (relating to small system variance program), the
Administrator may request information on the characteristics
of commercially available treatment systems and technologies,
including the effectiveness and performance of the systems
and technologies under various operating conditions. The
Administrator may specify the form, content, and submission
date of information to be submitted by manufacturers, States,
and other interested persons for the purpose of considering
the systems and technologies in the development of
regulations or guidance under sections 1412(b)(4)(E) and
1415(e).''.
SEC. 112. STATE PRIMACY.
(a) State Primary Enforcement Responsibility.--Section 1413
(42 U.S.C. 300g-2) is amended as follows:
(1) In subsection (a), by amending paragraph (1) to read as
follows:
``(1) has adopted drinking water regulations that are no
less stringent than the national primary drinking water
regulations promulgated by the Administrator under
subsections (a) and (b) of section 1412 not later than 2
years after the date on which the regulations are promulgated
by the Administrator, except that the Administrator may
provide for an extension of not more than 2 years if, after
submission and review of appropriate, adequate documentation
from the State, the Administrator determines that the
extension is necessary and justified;''.
(2) By adding at the end the following subsection:
``(c) Interim Primary Enforcement Authority.--A State that
has primary enforcement authority under this section with
respect to each existing national primary drinking water
regulation shall be considered to have primary enforcement
authority with respect to each new or revised national
primary drinking water regulation during the period beginning
on the effective date of a regulation adopted and submitted
by the State with respect to the new or revised national
primary drinking water regulation in accordance with
subsection (b)(1) and ending at such time as the
Administrator makes a determination under subsection
(b)(2)(B) with respect to the regulation.''.
(b) Emergency Plans.--Section 1413(a)(5) (42 U.S.C. 300g-
2(a)(5)) is amended by inserting after ``emergency
circumstances'' the following: ``including earthquakes,
floods, hurricanes, and other natural disasters, as
appropriate''.
SEC. 113. ENFORCEMENT; JUDICIAL REVIEW.
(a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended
as follows:
(1) In subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``any national primary
drinking water regulation in effect under section 1412'' and
inserting ``any applicable requirement''; and
(II) by striking ``with such regulation or requirement''
and inserting ``with the requirement''; and
(ii) in subparagraph (B), by striking ``regulation or'' and
inserting ``applicable''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Enforcement in nonprimacy states.--
``(A) In general.--If, on the basis of information
available to the Administrator, the Administrator finds, with
respect to a period in which a State does not have primary
enforcement responsibility for public water systems, that a
public water system in the State--
``(i) for which a variance under section 1415 or an
exemption under section 1416 is not in effect, does not
comply with any applicable requirement; or
``(ii) for which a variance under section 1415 or an
exemption under section 1416 is in effect, does not comply
with any schedule or other requirement imposed pursuant to
the variance or exemption;
the Administrator shall issue an order under subsection (g)
requiring the public water system to comply with the
requirement, or commence a civil action under subsection (b).
``(B) Notice.--If the Administrator takes any action
pursuant to this paragraph, the Administrator shall notify an
appropriate local elected official, if any, with jurisdiction
over the public water system of the action prior to the time
that the action is taken.''.
(2) In the first sentence of subsection (b), by striking
``a national primary drinking water regulation'' and
inserting ``any applicable requirement''.
(3) In subsection (g)--
(A) in paragraph (1), by striking ``regulation, schedule,
or other'' each place it appears and inserting
``applicable'';
(B) in paragraph (2)--
(i) in the first sentence--
(I) by striking ``effect until after notice and opportunity
for public hearing and,'' and inserting ``effect,''; and
(II) by striking ``proposed order'' and inserting
``order''; and
(ii) in the second sentence, by striking ``proposed to
be''; and
(C) in paragraph (3)--
(i) by striking subparagraph (B) and inserting the
following:
``(B) In a case in which a civil penalty sought by the
Administrator under this para
[[Page 2103]]
graph does not exceed $5,000, the penalty shall be assessed
by the Administrator after notice and opportunity for a
public hearing (unless the person against whom the penalty is
assessed requests a hearing on the record in accordance with
section 554 of title 5, United States Code). In a case in
which a civil penalty sought by the Administrator under this
paragraph exceeds $5,000, but does not exceed $25,000, the
penalty shall be assessed by the Administrator after notice
and opportunity for a hearing on the record in accordance
with section 554 of title 5, United States Code.''; and
(ii) in subparagraph (C), by striking ``paragraph exceeds
$5,000'' and inserting ``subsection for a violation of an
applicable requirement exceeds $25,000''.
(4) By adding at the end the following:
``(h) Consolidation Incentive.--
``(1) In general.--An owner or operator of a public water
system may submit to the State in which the system is located
(if the State has primary enforcement responsibility under
section 1413) or to the Administrator (if the State does not
have primary enforcement responsibility) a plan (including
specific measures and schedules) for--
``(A) the physical consolidation of the system with 1 or
more other systems;
``(B) the consolidation of significant management and
administrative functions of the system with 1 or more other
systems; or
``(C) the transfer of ownership of the system that may
reasonably be expected to improve drinking water quality.
``(2) Consequences of approval.--If the State or the
Administrator approves a plan pursuant to paragraph (1), no
enforcement action shall be taken pursuant to this part with
respect to a specific violation identified in the approved
plan prior to the date that is the earlier of the date on
which consolidation is completed according to the plan or the
date that is 2 years after the plan is approved.
``(i) Definition of Applicable Requirement.--In this
section, the term `applicable requirement' means--
``(1) a requirement of section 1412, 1414, 1415, 1416,
1417, 1441, or 1445;
``(2) a regulation promulgated pursuant to a section
referred to in paragraph (1);
``(3) a schedule or requirement imposed pursuant to a
section referred to in paragraph (1); and
``(4) a requirement of, or permit issued under, an
applicable State program for which the Administrator has made
a determination that the requirements of section 1413 have
been satisfied, or an applicable State program approved
pursuant to this part.''.
(b) State Authority for Administrative Penalties.--Section
1413(a) (42 U.S.C. 300g-2(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) has adopted authority for administrative penalties
(unless the constitution of the State prohibits the adoption
of the authority) in a maximum amount--
``(A) in the case of a system serving a population of more
than 10,000, that is not less than $1,000 per day per
violation; and
``(B) in the case of any other system, that is adequate to
ensure compliance (as determined by the State);
except that a State may establish a maximum limitation on the
total amount of administrative penalties that may be imposed
on a public water system per violation.''.
(c) Judicial Review.--Section 1448(a) (42 U.S.C. 300j-7(a))
is amended--
(1) in paragraph (2) of the first sentence, by inserting
``final'' after ``any other'';
(2) in the second sentence, by striking ``or issuance of
the order'' and inserting ``or any other final Agency
action''; and
(3) by adding at the end the following ``In any petition
concerning the assessment of a civil penalty pursuant to
section 1414(g)(3)(B), the petitioner shall simultaneously
send a copy of the complaint by certified mail to the
Administrator and the Attorney General. The court shall set
aside and remand the penalty order if the court finds that
there is not substantial evidence in the record to support
the finding of a violation or that the assessment of the
penalty by the Administrator constitutes an abuse of
discretion.''.
(d) Emergency Powers.--Section 1431(b) (42 U.S.C. 300i(b))
is amended by striking ``$5,000'' and inserting ``$15,000''.
SEC. 114. PUBLIC NOTIFICATION.
(a) Public Water Systems.--Section 1414(c) (42 U.S.C. 300g-
3(c)) is amended to read as follows:
``(c) Notice to Persons Served.--
``(1) In general.--Each owner or operator of a public water
system shall give notice of each of the following to the
persons served by the system:
``(A) Notice of any failure on the part of the public water
system to--
``(i) comply with an applicable maximum contaminant level
or treatment technique requirement of, or a testing procedure
prescribed by, a national primary drinking water regulation;
or
``(ii) perform monitoring required by section 1445(a).
``(B) If the public water system is subject to a variance
granted under subsection (a)(1)(A), (a)(2), or (e) of section
1415 for an inability to meet a maximum contaminant level
requirement or is subject to an exemption granted under
section 1416, notice of--
``(i) the existence of the variance or exemption; and
``(ii) any failure to comply with the requirements of any
schedule prescribed pursuant to the variance or exemption.
``(C) Notice of the concentration level of any unregulated
contaminant for which the Administrator has required public
notice pursuant to paragraph (2)(E).
``(2) Form, manner, and frequency of notice.--
``(A) In general.--The Administrator shall, by regulation,
and after consultation with the States, prescribe the manner,
frequency, form, and content for giving notice under this
subsection. The regulations shall--
``(i) provide for different frequencies of notice based on
the differences between violations that are intermittent or
infrequent and violations that are continuous or frequent;
and
``(ii) take into account the seriousness of any potential
adverse health effects that may be involved.
``(B) State requirements.--
``(i) In general.--A State may, by rule, establish
alternative notification requirements--
``(I) with respect to the form and content of notice given
under and in a manner in accordance with subparagraph (C);
and
``(II) with respect to the form and content of notice given
under subparagraph (D).
``(ii) Contents.--The alternative requirements shall
provide the same type and amount of information as required
pursuant to this subsection and regulations issued under
subparagraph (A).
``(iii) Relationship to section 1413.--Nothing in this
subparagraph shall be construed or applied to modify the
requirements of section 1413.
``(C) Violations with potential to have serious adverse
effects on human health.--Regulations issued under
subparagraph (A) shall specify notification procedures for
each violation by a public water system that has the
potential to have serious adverse effects on human health as
a result of short-term exposure. Each notice of violation
provided under this subparagraph shall--
``(i) be distributed as soon as practicable after the
occurrence of the violation, but not later than 24 hours
after the occurrence of the violation;
``(ii) provide a clear and readily understandable
explanation of--
``(I) the violation;
``(II) the potential adverse effects on human health;
``(III) the steps that the public water system is taking to
correct the violation; and
``(IV) the necessity of seeking alternative water supplies
until the violation is corrected;
``(iii) be provided to the Administrator or the head of the
State agency that has primary enforcement responsibility
under section 1413 as soon as practicable, but not later than
24 hours after the occurrence of the violation; and
``(iv) as required by the State agency in general
regulations of the State agency, or on a case-by-case basis
after the consultation referred to in clause (iii),
considering the health risks involved--
``(I) be provided to appropriate broadcast media;
``(II) be prominently published in a newspaper of general
circulation serving the area not later than 1 day after
distribution of a notice pursuant to clause (i) or the date
of publication of the next issue of the newspaper; or
``(III) be provided by posting or door-to-door notification
in lieu of notification by means of broadcast media or
newspaper.
``(D) Written notice.--
``(i) In general.--Regulations issued under subparagraph
(A) shall specify notification procedures for violations
other than the violations covered by subparagraph (C). The
procedures shall specify that a public water system shall
provide written notice to each person served by the system by
notice (I) in the first bill (if any) prepared after the date
of occurrence of the violation, (II) in an annual report
issued not later than 1 year after the date of occurrence of
the violation, or (III) by mail or direct delivery as soon as
practicable, but not later than 1 year after the date of
occurrence of the violation.
``(ii) Form and manner of notice.--The Administrator shall
prescribe the form and manner of the notice to provide a
clear and readily understandable explanation of the
violation, any potential adverse health effects, and the
steps that the system is taking to seek alternative water
supplies, if any, until the violation is corrected.
``(E) Unregulated contaminants.--The Administrator may
require the owner or operator of a public water system to
give notice to the persons served by the system of the
concentration levels of an unregulated contaminant required
to be monitored under section 1445(a).
``(3) Reports.--
``(A) Annual report by state.--
``(i) In general.--Not later than January 1, 1998, and
annually thereafter, each State that has primary enforcement
responsibility under section 1413 shall prepare, make readily
available to the public, and submit to the Administrator an
annual report on violations of national primary drinking
water regulations by public water systems in the State,
including violations with respect to (I) maximum contaminant
levels, (II) treatment requirements, (III) variances and
exemptions, and (IV) monitoring requirements
[[Page 2104]]
determined to be significant by the Administrator after
consultation with the States.
``(ii) Distribution.--The State shall publish and
distribute summaries of the report and indicate where the
full report is available for review.
``(B) Annual report by administrator.--Not later than July
1, 1998, and annually thereafter, the Administrator shall
prepare and make available to the public an annual report
summarizing and evaluating reports submitted by States
pursuant to subparagraph (A) and notices submitted by public
water systems serving Indian Tribes provided to the
Administrator pursuant to subparagraph (C) or (D) of
paragraph (2) and making recommendations concerning the
resources needed to improve compliance with this title. The
report shall include information about public water system
compliance on Indian reservations and about enforcement
activities undertaken and financial assistance provided by
the Administrator on Indian reservations, and shall make
specific recommendations concerning the resources needed to
improve compliance with this title on Indian reservations.
``(4) Consumer confidence reports by community water
systems.--
``(A) Annual reports to consumers.--The Administrator, in
consultation with public water systems, environmental groups,
public interest groups, risk communication experts, and the
States, and other interested parties, shall issue regulations
within 24 months after the date of enactment of this
paragraph to require each community water system to mail to
each customer of the system at least once annually a report
on the level of contaminants in the drinking water purveyed
by that system (referred to in this paragraph as a `consumer
confidence report'). Such regulations shall provide a brief
and plainly worded definition of the terms `maximum
contaminant level goal', `maximum contaminant level',
`variances', and `exemptions' and brief statements in plain
language regarding the health concerns that resulted in
regulation of each regulated contaminant. The regulations
shall also include a brief and plainly worded explanation
regarding contaminants that may reasonably be expected to be
present in drinking water, including bottled water. The
regulations shall also provide for an Environmental
Protection Agency toll-free hotline that consumers can call
for more information and explanation.
``(B) Contents of report.--The consumer confidence reports
under this paragraph shall include, but not be limited to,
each of the following:
``(i) Information on the source of the water purveyed.
``(ii) A brief and plainly worded definition of the terms
`maximum contaminant level goal', `maximum contaminant
level', `variances', and `exemptions' as provided in the
regulations of the Administrator.
``(iii) If any regulated contaminant is detected in the
water purveyed by the public water system, a statement
setting forth (I) the maximum contaminant level goal, (II)
the maximum contaminant level, (III) the level of such
contaminant in such water system, and (IV) for any regulated
contaminant for which there has been a violation of the
maximum contaminant level during the year concerned, the
brief statement in plain language regarding the health
concerns that resulted in regulation of such contaminant, as
provided by the Administrator in regulations under
subparagraph (A).
``(iv) Information on compliance with national primary
drinking water regulations, as required by the Administrator,
and notice if the system is operating under a variance or
exemption and the basis on which the variance or exemption
was granted.
``(v) Information on the levels of unregulated contaminants
for which monitoring is required under section 1445(a)(2)
(including levels of cryptosporidium and radon where States
determine they may be found).
``(vi) A statement that the presence of contaminants in
drinking water does not necessarily indicate that the
drinking water poses a health risk and that more information
about contaminants and potential health effects can be
obtained by calling the Environmental Protection Agency
hotline.
A public water system may include such additional information
as it deems appropriate for public education. The
Administrator may, for not more than 3 regulated contaminants
other than those referred to in subclause (IV) of clause
(iii), require a consumer confidence report under this
paragraph to include the brief statement in plain language
regarding the health concerns that resulted in regulation of
the contaminant or contaminants concerned, as provided by the
Administrator in regulations under subparagraph (A).
``(C) Coverage.--The Governor of a State may determine not
to apply the mailing requirement of subparagraph (A) to a
community water system serving fewer than 10,000 persons. Any
such system shall--
``(i) inform, in the newspaper notice required by clause
(iii) or by other means, its customers that the system will
not be mailing the report as required by subparagraph (A);
``(ii) make the consumer confidence report available upon
request to the public; and
``(iii) publish the report referred to in subparagraph (A)
annually in one or more local newspapers serving the area in
which customers of the system are located.
``(D) Alternative to publication.--For any community water
system which, pursuant to subparagraph (C), is not required
to meet the mailing requirement of subparagraph (A) and which
serves 500 persons or fewer, the community water system may
elect not to comply with clause (i) or (iii) of subparagraph
(C). If the community water system so elects, the system
shall, at a minimum--
``(i) prepare an annual consumer confidence report pursuant
to subparagraph (B); and
``(ii) provide notice at least once per year to each of its
customers by mail, by door-to-door delivery, by posting or by
other means authorized by the regulations of the
Administrator that the consumer confidence report is
available upon request.
``(E) Alternative form and content.--A State exercising
primary enforcement responsibility may establish, by rule,
after notice and public comment, alternative requirements
with respect to the form and content of consumer confidence
reports under this paragraph.''.
(b) Bottled Water Study.--Not later than 18 months after
the date of enactment of this Act, the Administrator of the
Food and Drug Administration, in consultation with the
Administrator of the Environmental Protection Agency, shall
publish for public notice and comment a draft study on the
feasibility of appropriate methods, if any, of informing
customers of the contents of bottled water. The Administrator
of the Food and Drug Administration shall publish a final
study not later than 30 months after the date of enactment of
this Act.
SEC. 115. VARIANCES.
The second sentence of section 1415(a)(1)(A) (42 U.S.C.
300g-4(a)(1)(A)) is amended--
(1) by striking ``only be issued to a system after the
system's application of'' and inserting ``be issued to a
system on condition that the system install''; and
(2) by inserting before the period at the end the
following: ``, and based upon an evaluation satisfactory to
the State that indicates that alternative sources of water
are not reasonably available to the system''.
SEC. 116. SMALL SYSTEMS VARIANCES.
(a) Small System Variances.--Section 1415 (42 U.S.C. 300g-
4) is amended by adding at the end the following:
``(e) Small System Variances.--
``(1) In general.--A State exercising primary enforcement
responsibility for public water systems under section 1413
(or the Administrator in nonprimacy States) may grant a
variance under this subsection for compliance with a
requirement specifying a maximum contaminant level or
treatment technique contained in a national primary drinking
water regulation to--
``(A) public water systems serving 3,300 or fewer persons;
and
``(B) with the approval of the Administrator pursuant to
paragraph (9), public water systems serving more than 3,300
persons but fewer than 10,000 persons,
if the variance meets each requirement of this subsection.
``(2) Availability of variances.--A public water system may
receive a variance pursuant to paragraph (1), if--
``(A) the Administrator has identified a variance
technology under section 1412(b)(15) that is applicable to
the size and source water quality conditions of the public
water system;
``(B) the public water system installs, operates, and
maintains, in accordance with guidance or regulations issued
by the Administrator, such treatment technology, treatment
technique, or other means; and
``(C) the State in which the system is located determines
that the conditions of paragraph (3) are met.
``(3) Conditions for granting variances.--A variance under
this subsection shall be available only to a system--
``(A) that cannot afford to comply, in accordance with
affordability criteria established by the Administrator (or
the State in the case of a State that has primary enforcement
responsibility under section 1413), with a national primary
drinking water regulation, including compliance through--
``(i) treatment;
``(ii) alternative source of water supply; or
``(iii) restructuring or consolidation (unless the
Administrator (or the State in the case of a State that has
primary enforcement responsibility under section 1413) makes
a written determination that restructuring or consolidation
is not practicable); and
``(B) for which the Administrator (or the State in the case
of a State that has primary enforcement responsibility under
section 1413) determines that the terms of the variance
ensure adequate protection of human health, considering the
quality of the source water for the system and the removal
efficiencies and expected useful life of the treatment
technology required by the variance.
``(4) Compliance schedules.--A variance granted under this
subsection shall require compliance with the conditions of
the variance not later than 3 years after the date on which
the variance is granted, except that the Administrator (or
the State in the case of a State that has primary enforcement
responsibility under section 1413) may allow up to 2
additional years to comply with a variance technology, secure
an alternative source of water, restructure or consolidate if
the Administrator (or the State) determines that additional
time is necessary for capital improvements, or to allow for
financial assistance provided pursuant to section 1452 or any
other Federal or State program.
``(5) Duration of variances.--The Administrator (or the
State in the case of a State that has primary enforcement
responsibility
[[Page 2105]]
under section 1413) shall review each variance granted under
this subsection not less often than every 5 years after the
compliance date established in the variance to determine
whether the system remains eligible for the variance and is
conforming to each condition of the variance.
``(6) Ineligibility for variances.--A variance shall not be
available under this subsection for--
``(A) any maximum contaminant level or treatment technique
for a contaminant with respect to which a national primary
drinking water regulation was promulgated prior to January 1,
1986; or
``(B) a national primary drinking water regulation for a
microbial contaminant (including a bacterium, virus, or other
organism) or an indicator or treatment technique for a
microbial contaminant.
``(7) Regulations and guidance.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection and in consultation with the
States, the Administrator shall promulgate regulations for
variances to be granted under this subsection. The
regulations shall, at a minimum, specify--
``(i) procedures to be used by the Administrator or a State
to grant or deny variances, including requirements for
notifying the Administrator and consumers of the public water
system that a variance is proposed to be granted (including
information regarding the contaminant and variance) and
requirements for a public hearing on the variance before the
variance is granted;
``(ii) requirements for the installation and proper
operation of variance technology that is identified (pursuant
to section 1412(b)(15)) for small systems and the financial
and technical capability to operate the treatment system,
including operator training and certification;
``(iii) eligibility criteria for a variance for each
national primary drinking water regulation, including
requirements for the quality of the source water (pursuant to
section 1412(b)(15)(A)); and
``(iv) information requirements for variance applications.
``(B) Affordability criteria.--Not later than 18 months
after the date of enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator, in consultation with
the States and the Rural Utilities Service of the Department
of Agriculture, shall publish information to assist the
States in developing affordability criteria. The
affordability criteria shall be reviewed by the States not
less often than every 5 years to determine if changes are
needed to the criteria.
``(8) Review by the administrator.--
``(A) In general.--The Administrator shall periodically
review the program of each State that has primary enforcement
responsibility for public water systems under section 1413
with respect to variances to determine whether the variances
granted by the State comply with the requirements of this
subsection. With respect to affordability, the determination
of the Administrator shall be limited to whether the
variances granted by the State comply with the affordability
criteria developed by the State.
``(B) Notice and publication.--If the Administrator
determines that variances granted by a State are not in
compliance with affordability criteria developed by the State
and the requirements of this subsection, the Administrator
shall notify the State in writing of the deficiencies and
make public the determination.
``(9) Approval of variances.--A State proposing to grant a
variance under this subsection to a public water system
serving more than 3,300 and fewer than 10,000 persons shall
submit the variance to the Administrator for review and
approval prior to the issuance of the variance. The
Administrator shall approve the variance if it meets each of
the requirements of this subsection. The Administrator shall
approve or disapprove the variance within 90 days. If the
Administrator disapproves a variance under this paragraph,
the Administrator shall notify the State in writing of the
reasons for disapproval and the variance may be resubmitted
with modifications to address the objections stated by the
Administrator.
``(10) Objections to variances.--
``(A) By the administrator.--The Administrator may review
and object to any variance proposed to be granted by a State,
if the objection is communicated to the State not later than
90 days after the State proposes to grant the variance. If
the Administrator objects to the granting of a variance, the
Administrator shall notify the State in writing of each basis
for the objection and propose a modification to the variance
to resolve the concerns of the Administrator. The State shall
make the recommended modification or respond in writing to
each objection. If the State issues the variance without
resolving the concerns of the Administrator, the
Administrator may overturn the State decision to grant the
variance if the Administrator determines that the State
decision does not comply with this subsection.
``(B) Petition by consumers.--Not later than 30 days after
a State exercising primary enforcement responsibility for
public water systems under section 1413 proposes to grant a
variance for a public water system, any person served by the
system may petition the Administrator to object to the
granting of a variance. The Administrator shall respond to
the petition and determine whether to object to the variance
under subparagraph (A) not later than 60 days after the
receipt of the petition.
``(C) Timing.--No variance shall be granted by a State
until the later of the following:
``(i) 90 days after the State proposes to grant a variance.
``(ii) If the Administrator objects to the variance, the
date on which the State makes the recommended modifications
or responds in writing to each objection.''.
SEC. 117. EXEMPTIONS.
(a) In General.--Section 1416 (42 U.S.C. 300g-5) is amended
as follows:
(1) In subsection (a)(1)--
(A) by inserting after ``(which may include economic
factors'' the following: ``, including qualification of the
public water system as a system serving a disadvantaged
community pursuant to section 1452(d)''; and
(B) by inserting after ``treatment technique requirement,''
the following: ``or to implement measures to develop an
alternative source of water supply,''.
(2) In subsection (a), by striking ``and'' at the end of
paragraph (2), striking the period at the end of paragraph
(3) and inserting ``; and'' and by adding the following at
the end thereof:
``(4) management or restructuring changes (or both) cannot
reasonably be made that will result in compliance with this
title or, if compliance cannot be achieved, improve the
quality of the drinking water.''.
(3) In subsection (b)(1)(A)--
(A) by striking ``(including increments of progress)'' and
inserting ``(including increments of progress or measures to
develop an alternative source of water supply)''; and
(B) by striking ``requirement and treatment'' and inserting
``requirement or treatment''.
(4) In subsection (b)(2)--
(A) by striking ``(except as provided in subparagraph
(B))'' in subparagraph (A) and all that follows through ``3
years after the date of the issuance of the exemption if'' in
subparagraph (B) and inserting the following: ``not later
than 3 years after the otherwise applicable compliance date
established in section 1412(b)(10).
``(B) No exemption shall be granted unless'';
(B) in subparagraph (B)(i), by striking ``within the period
of such exemption'' and inserting ``prior to the date
established pursuant to section 1412(b)(10)'';
(C) in subparagraph (B)(ii), by inserting after ``such
financial assistance'' the following: ``or assistance
pursuant to section 1452, or any other Federal or State
program is reasonably likely to be available within the
period of the exemption'';
(D) in subparagraph (C)--
(i) by striking ``500 service connections'' and inserting
``a population of 3,300''; and
(ii) by inserting ``, but not to exceed a total of 6
years,'' after ``for one or more additional 2-year periods'';
and
(E) by adding at the end the following:
``(D) Limitation.--A public water system may not receive an
exemption under this section if the system was granted a
variance under section 1415(e).''.
(b) Limited Additional Compliance Period.--(1) The State of
New York, on a case-by-case basis and after notice and an
opportunity of at least 60 days for public comment, may allow
an additional period for compliance with the Surface Water
Treatment Rule established pursuant to section 1412(b)(7)(C)
of the Safe Drinking Water Act in the case of unfiltered
systems in Essex, Columbia, Greene, Dutchess, Rensselaer,
Schoharie, Saratoga, Washington, and Warren Counties serving
a population of less than 5,000, which meet appropriate
disinfection requirements and have adequate watershed
protections, so long as the State determines that the public
health will be protected during the duration of the
additional compliance period and the system agrees to
implement appropriate control measures as determined by the
State.
(2) The additional compliance period referred to in
paragraph (1) shall expire on the earlier of the date 3 years
after the date on which the Administrator identifies
appropriate control technology for the Surface Water
Treatment Rule for public water systems in the category that
includes such system pursuant to section 1412(b)(4)(E) of the
Safe Drinking Water Act or 5 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1996.
SEC. 118. LEAD PLUMBING AND PIPES.
Section 1417 (42 U.S.C. 300g-6) is amended as follows:
(1) In subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Prohibitions.--
``(A) In general.--No person may use any pipe, any pipe or
plumbing fitting or fixture, any solder, or any flux, after
June 19, 1986, in the installation or repair of--
``(i) any public water system; or
``(ii) any plumbing in a residential or nonresidential
facility providing water for human consumption,
that is not lead free (within the meaning of subsection (d)).
``(B) Leaded joints.--Subparagraph (A) shall not apply to
leaded joints necessary for the repair of cast iron pipes.''.
(2) In subsection (a)(2)(A), by inserting ``owner or
operator of a'' after ``Each''.
(3) By adding at the end of subsection (a) the following:
``(3) Unlawful acts.--Effective 2 years after the date of
enactment of this paragraph, it shall be unlawful--
``(A) for any person to introduce into commerce any pipe,
or any pipe or plumbing fitting or fixture, that is not lead
free, except for a pipe that is used in manufacturing or
industrial processing;
[[Page 2106]]
``(B) for any person engaged in the business of selling
plumbing supplies, except manufacturers, to sell solder or
flux that is not lead free; or
``(C) for any person to introduce into commerce any solder
or flux that is not lead free unless the solder or flux bears
a prominent label stating that it is illegal to use the
solder or flux in the installation or repair of any plumbing
providing water for human consumption.''.
(4) In subsection (d)--
(A) by striking ``lead, and'' in paragraph (1) and
inserting ``lead;'';
(B) by striking ``lead.'' in paragraph (2) and inserting
``lead; and''; and
(C) by adding at the end the following:
``(3) when used with respect to plumbing fittings and
fixtures, refers to plumbing fittings and fixtures in
compliance with standards established in accordance with
subsection (e).''.
(5) By adding at the end the following:
``(e) Plumbing Fittings and Fixtures.--
``(1) In general.--The Administrator shall provide accurate
and timely technical information and assistance to qualified
third-party certifiers in the development of voluntary
standards and testing protocols for the leaching of lead from
new plumbing fittings and fixtures that are intended by the
manufacturer to dispense water for human ingestion.
``(2) Standards.--
``(A) In general.--If a voluntary standard for the leaching
of lead is not established by the date that is 1 year after
the date of enactment of this subsection, the Administrator
shall, not later than 2 years after the date of enactment of
this subsection, promulgate regulations setting a health-
effects-based performance standard establishing maximum
leaching levels from new plumbing fittings and fixtures that
are intended by the manufacturer to dispense water for human
ingestion. The standard shall become effective on the date
that is 5 years after the date of promulgation of the
standard.
``(B) Alternative requirement.--If regulations are required
to be promulgated under subparagraph (A) and have not been
promulgated by the date that is 5 years after the date of
enactment of this subsection, no person may import,
manufacture, process, or distribute in commerce a new
plumbing fitting or fixture, intended by the manufacturer to
dispense water for human ingestion, that contains more than 4
percent lead by dry weight.''.
SEC. 119. CAPACITY DEVELOPMENT.
Part B (42 U.S.C. 300g et seq.) is amended by adding after
section 1419 the following:
``CAPACITY DEVELOPMENT
``Sec. 1420. (a) State Authority for New Systems.--A State
shall receive only 80 percent of the allotment that the State
is otherwise entitled to receive under section 1452 (relating
to State loan funds) unless the State has obtained the legal
authority or other means to ensure that all new community
water systems and new nontransient, noncommunity water
systems commencing operation after October 1, 1999,
demonstrate technical, managerial, and financial capacity
with respect to each national primary drinking water
regulation in effect, or likely to be in effect, on the date
of commencement of operations.
``(b) Systems in Significant Noncompliance.--
``(1) List.--Beginning not later than 1 year after the date
of enactment of this section, each State shall prepare,
periodically update, and submit to the Administrator a list
of community water systems and nontransient, noncommunity
water systems that have a history of significant
noncompliance with this title (as defined in guidelines
issued prior to the date of enactment of this section or any
revisions of the guidelines that have been made in
consultation with the States) and, to the extent practicable,
the reasons for noncompliance.
``(2) Report.--Not later than 5 years after the date of
enactment of this section and as part of the capacity
development strategy of the State, each State shall report to
the Administrator on the success of enforcement mechanisms
and initial capacity development efforts in assisting the
public water systems listed under paragraph (1) to improve
technical, managerial, and financial capacity.
``(3) Withholding.--The list and report under this
subsection shall be considered part of the capacity
development strategy of the State required under subsection
(c) of this section for purposes of the withholding
requirements of section 1452(a)(1)(G)(i) (relating to State
loan funds).
``(c) Capacity Development Strategy.--
``(1) In general.--Beginning 4 years after the date of
enactment of this section, a State shall receive only--
``(A) 90 percent in fiscal year 2001;
``(B) 85 percent in fiscal year 2002; and
``(C) 80 percent in each subsequent fiscal year,
of the allotment that the State is otherwise entitled to
receive under section 1452 (relating to State loan funds),
unless the State is developing and implementing a strategy to
assist public water systems in acquiring and maintaining
technical, managerial, and financial capacity.
``(2) Content.--In preparing the capacity development
strategy, the State shall consider, solicit public comment
on, and include as appropriate--
``(A) the methods or criteria that the State will use to
identify and prioritize the public water systems most in need
of improving technical, managerial, and financial capacity;
``(B) a description of the institutional, regulatory,
financial, tax, or legal factors at the Federal, State, or
local level that encourage or impair capacity development;
``(C) a description of how the State will use the
authorities and resources of this title or other means to--
``(i) assist public water systems in complying with
national primary drinking water regulations;
``(ii) encourage the development of partnerships between
public water systems to enhance the technical, managerial,
and financial capacity of the systems; and
``(iii) assist public water systems in the training and
certification of operators;
``(D) a description of how the State will establish a
baseline and measure improvements in capacity with respect to
national primary drinking water regulations and State
drinking water law; and
``(E) an identification of the persons that have an
interest in and are involved in the development and
implementation of the capacity development strategy
(including all appropriate agencies of Federal, State, and
local governments, private and nonprofit public water
systems, and public water system customers).
``(3) Report.--Not later than 2 years after the date on
which a State first adopts a capacity development strategy
under this subsection, and every 3 years thereafter, the head
of the State agency that has primary responsibility to carry
out this title in the State shall submit to the Governor a
report that shall also be available to the public on the
efficacy of the strategy and progress made toward improving
the technical, managerial, and financial capacity of public
water systems in the State.
``(4) Review.--The decisions of the State under this
section regarding any particular public water system are not
subject to review by the Administrator and may not serve as
the basis for withholding funds under section 1452.
``(d) Federal Assistance.--
``(1) In general.--The Administrator shall support the
States in developing capacity development strategies.
``(2) Informational assistance.--
``(A) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator shall--
``(i) conduct a review of State capacity development
efforts in existence on the date of enactment of this section
and publish information to assist States and public water
systems in capacity development efforts; and
``(ii) initiate a partnership with States, public water
systems, and the public to develop information for States on
recommended operator certification requirements.
``(B) Publication of information.--The Administrator shall
publish the information developed through the partnership
under subparagraph (A)(ii) not later than 18 months after the
date of enactment of this section.
``(3) Promulgation of drinking water regulations.--In
promulgating a national primary drinking water regulation,
the Administrator shall include an analysis of the likely
effect of compliance with the regulation on the technical,
financial, and managerial capacity of public water systems.
``(4) Guidance for new systems.--Not later than 2 years
after the date of enactment of this section, the
Administrator shall publish guidance developed in
consultation with the States describing legal authorities and
other means to ensure that all new community water systems
and new nontransient, noncommunity water systems demonstrate
technical, managerial, and financial capacity with respect to
national primary drinking water regulations.
``(e) Variances and Exemptions.--Based on information
obtained under subsection (c)(3), the Administrator shall, as
appropriate, modify regulations concerning variances and
exemptions for small public water systems to ensure
flexibility in the use of the variances and exemptions.
Nothing in this subsection shall be interpreted, construed,
or applied to affect or alter the requirements of section
1415 or 1416.
``(f) Small Public Water Systems Technology Assistance
Centers.--
``(1) Grant program.--The Administrator is authorized to
make grants to institutions of higher learning to establish
and operate small public water system technology assistance
centers in the United States.
``(2) Responsibilities of the centers.--The
responsibilities of the small public water system technology
assistance centers established under this subsection shall
include the conduct of training and technical assistance
relating to the information, performance, and technical needs
of small public water systems or public water systems that
serve Indian Tribes.
``(3) Applications.--Any institution of higher learning
interested in receiving a grant under this subsection shall
submit to the Administrator an application in such form and
containing such information as the Administrator may require
by regulation.
``(4) Selection criteria.--The Administrator shall select
recipients of grants under this subsection on the basis of
the following criteria:
``(A) The small public water system technology assistance
center shall be located in a State that is representative of
the needs of the region in which the State is located for
addressing the drinking water needs of small and rural
communities or Indian Tribes.
[[Page 2107]]
``(B) The grant recipient shall be located in a region that
has experienced problems, or may reasonably be foreseen to
experience problems, with small and rural public water
systems.
``(C) The grant recipient shall have access to expertise in
small public water system technology management.
``(D) The grant recipient shall have the capability to
disseminate the results of small public water system
technology and training programs.
``(E) The projects that the grant recipient proposes to
carry out under the grant are necessary and appropriate.
``(F) The grant recipient has regional support beyond the
host institution.
``(5) Consortia of states.--At least 2 of the grants under
this subsection shall be made to consortia of States with low
population densities.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to make grants under this
subsection $2,000,000 for each of the fiscal years 1997
through 1999, and $5,000,000 for each of the fiscal years
2000 through 2003.
``(g) Environmental Finance Centers.--
``(1) In general.--The Administrator shall provide initial
funding for one or more university-based environmental
finance centers for activities that provide technical
assistance to State and local officials in developing the
capacity of public water systems. Any such funds shall be
used only for activities that are directly related to this
title.
``(2) National capacity development clearinghouse.--The
Administrator shall establish a national public water system
capacity development clearinghouse to receive and disseminate
information with respect to developing, improving, and
maintaining financial and managerial capacity at public water
systems. The Administrator shall ensure that the
clearinghouse does not duplicate other federally supported
clearinghouse activities.
``(3) Capacity development techniques.--The Administrator
may request an environmental finance center funded under
paragraph (1) to develop and test managerial, financial, and
institutional techniques for capacity development. The
techniques may include capacity assessment methodologies,
manual and computer based public water system rate models and
capital planning models, public water system consolidation
procedures, and regionalization models.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$1,500,000 for each of the fiscal years 1997 through 2003.
``(5) Limitation.--No portion of any funds made available
under this subsection may be used for lobbying expenses.''.
SEC. 120. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN GROUND
WATER PROGRAMS.
(a) Critical Aquifer Protection.--Section 1427 (42 U.S.C.
300h-6) is amended as follows:
(1) Subsection (b)(1) is amended by striking ``not later
than 24 months after the enactment of the Safe Drinking Water
Act Amendments of 1986''.
(2) The table in subsection (m) is amended by adding at the
end the following:
``1992-2003............................................15,000,000.''.
(b) Wellhead Protection Areas.--The table in section
1428(k) (42 U.S.C. 300h-7(k)) is amended by adding at the end
the following:
``1992-2003............................................30,000,000.''.
(c) Underground Injection Control Grant.--The table in
section 1443(b)(5) (42 U.S.C. 300j-2(b)(5)) is amended by
adding at the end the following:
``1992-2003............................................15,000,000.''.
SEC. 121. AMENDMENTS TO SECTION 1442.
Section 1442 (42 U.S.C. 300j-1) is amended--
(1) by redesignating paragraph (3) of subsection (b) as
paragraph (3) of subsection (d) and moving such paragraph to
appear after paragraph (2) of subsection (d);
(2) by striking subsection (b) (as so amended);
(3) by redesignating subparagraph (B) of subsection (a)(2)
as subsection (b) and moving such subsection to appear after
subsection (a);
(4) in subsection (a)--
(A) by striking paragraph (2) (as so amended) and inserting
the following:
``(2) Information and research facilities.--In carrying out
this title, the Administrator is authorized to--
``(A) collect and make available information pertaining to
research, investigations, and demonstrations with respect to
providing a dependably safe supply of drinking water,
together with appropriate recommendations in connection with
the information; and
``(B) make available research facilities of the Agency to
appropriate public authorities, institutions, and individuals
engaged in studies and research relating to this title.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraph (11) as paragraph (3) and
moving such paragraph to appear before paragraph (4).
SEC. 122. TECHNICAL ASSISTANCE.
Section 1442(e) (42 U.S.C. 300j-1(e)) is amended to read as
follows:
``(e) Technical Assistance.--The Administrator may provide
technical assistance to small public water systems to enable
such systems to achieve and maintain compliance with
applicable national primary drinking water regulations. Such
assistance may include circuit-rider and multi-State regional
technical assistance programs, training, and preliminary
engineering evaluations. The Administrator shall ensure that
technical assistance pursuant to this subsection is available
in each State. Each nonprofit organization receiving
assistance under this subsection shall consult with the State
in which the assistance is to be expended or otherwise made
available before using assistance to undertake activities to
carry out this subsection. There are authorized to be
appropriated to the Administrator to be used for such
technical assistance $15,000,000 for each of the fiscal years
1997 through 2003. No portion of any State loan fund
established under section 1452 (relating to State loan funds)
and no portion of any funds made available under this
subsection may be used for lobbying expenses. Of the total
amount appropriated under this subsection, 3 percent shall be
used for technical assistance to public water systems owned
or operated by Indian Tribes.''.
SEC. 123. OPERATOR CERTIFICATION.
Part B (42 U.S.C. 300g et seq.) is amended by adding the
following after section 1418:
``operator certification
``Sec. 1419. (a) Guidelines.--Not later than 30 months
after the date of enactment of the Safe Drinking Water Act
Amendments of 1996 and in cooperation with the States, the
Administrator shall publish guidelines in the Federal
Register, after notice and opportunity for comment from
interested persons, including States and public water
systems, specifying minimum standards for certification (and
recertification) of the operators of community and
nontransient noncommunity public water systems. Such
guidelines shall take into account existing State programs,
the complexity of the system, and other factors aimed at
providing an effective program at reasonable cost to States
and public water systems, taking into account the size of the
system.
``(b) State Programs.--Beginning 2 years after the date on
which the Administrator publishes guidelines under subsection
(a), the Administrator shall withhold 20 percent of the funds
a State is otherwise entitled to receive under section 1452
unless the State has adopted and is implementing a program
for the certification of operators of community and
nontransient noncommunity public water systems that meets the
requirements of the guidelines published pursuant to
subsection (a) or that has been submitted in compliance with
subsection (c) and that has not been disapproved.
``(c) Existing Programs.--For any State exercising primary
enforcement responsibility for public water systems or any
other State which has an operator certification program, the
guidelines under subsection (a) shall allow the State to
enforce such program in lieu of the guidelines under
subsection (a) if the State submits the program to the
Administrator within 18 months after the publication of the
guidelines unless the Administrator determines (within 9
months after the State submits the program to the
Administrator) that such program is not substantially
equivalent to such guidelines. In making this determination,
an existing State program shall be presumed to be
substantially equivalent to the guidelines, notwithstanding
program differences, based on the size of systems or the
quality of source water, providing the State program meets
the overall public health objectives of the guidelines. If
disapproved, the program may be resubmitted within 6 months
after receipt of notice of disapproval.
``(d) Expense Reimbursement.--
``(1) In general.--The Administrator shall provide
reimbursement for the costs of training, including an
appropriate per diem for unsalaried operators, and
certification for persons operating systems serving 3,300
persons or fewer that are required to undergo training
pursuant to this section.
``(2) State grants.--The reimbursement shall be provided
through grants to States with each State receiving an amount
sufficient to cover the reasonable costs for training all
such operators in the State, as determined by the
Administrator, to the extent required by this section. Grants
received by a State pursuant to this paragraph shall first be
used to provide reimbursement for training and certification
costs of persons operating systems serving 3,300 persons or
fewer. If a State has reimbursed all such costs, the State
may, after notice to the Administrator, use any remaining
funds from the grant for any of the other purposes authorized
for grants under section 1452.
``(3) Authorization.--There are authorized to be
appropriated to the Administrator to provide grants for
reimbursement under this section $30,000,000 for each of
fiscal years 1997 through 2003.
``(4) Reservation.--If the appropriation made pursuant to
paragraph (3) for any fiscal year is not sufficient to
satisfy the requirements of paragraph (1), the Administrator
shall, prior to any other allocation or reservation, reserve
such sums as necessary from the funds appropriated pursuant
to section 1452(m) to provide reimbursement for the training
and certification costs mandated by this subsection.''.
SEC. 124. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.
Section 1443(a) (42 U.S.C. 300j-2(a)) is amended as
follows:
(1) Paragraph (7) is amended to read as follows:
``(7) Authorization.--For the purpose of making grants
under paragraph (1), there are authorized to be appropriated
$100,000,000 for each of fiscal years 1997 through 2003.''.
(2) By adding at the end the following:
[[Page 2108]]
``(8) Reservation of funds by the administrator.--If the
Administrator assumes the primary enforcement responsibility
of a State public water system supervision program, the
Administrator may reserve from funds made available pursuant
to this subsection an amount equal to the amount that would
otherwise have been provided to the State pursuant to this
subsection. The Administrator shall use the funds reserved
pursuant to this paragraph to ensure the full and effective
administration of a public water system supervision program
in the State.
``(9) State loan funds.--
``(A) Reservation of funds.--For any fiscal year for which
the amount made available to the Administrator by
appropriations to carry out this subsection is less than the
amount that the Administrator determines is necessary to
supplement funds made available pursuant to paragraph (8) to
ensure the full and effective administration of a public
water system supervision program in a State, the
Administrator may reserve from the funds made available to
the State under section 1452 (relating to State loan funds)
an amount that is equal to the amount of the shortfall. This
paragraph shall not apply to any State not exercising primary
enforcement responsibility for public water systems as of the
date of enactment of the Safe Drinking Water Act Amendments
of 1996.
``(B) Duty of administrator.--If the Administrator reserves
funds from the allocation of a State under subparagraph (A),
the Administrator shall carry out in the State each of the
activities that would be required of the State if the State
had primary enforcement authority under section 1413.''.
SEC. 125. MONITORING AND INFORMATION GATHERING.
(a) Review of Existing Requirements.--Paragraph (1) of
section 1445(a) (42 U.S.C. 300j-4(a)(1)) is amended to read
as follows:
``(1)(A) Every person who is subject to any requirement of
this title or who is a grantee, shall establish and maintain
such records, make such reports, conduct such monitoring, and
provide such information as the Administrator may reasonably
require by regulation to assist the Administrator in
establishing regulations under this title, in determining
whether such person has acted or is acting in compliance with
this title, in administering any program of financial
assistance under this title, in evaluating the health risks
of unregulated contaminants, or in advising the public of
such risks. In requiring a public water system to monitor
under this subsection, the Administrator may take into
consideration the system size and the contaminants likely to
be found in the system's drinking water.
``(B) Every person who is subject to a national primary
drinking water regulation under section 1412 shall provide
such information as the Administrator may reasonably require,
after consultation with the State in which such person is
located if such State has primary enforcement responsibility
for public water systems, on a case-by-case basis, to
determine whether such person has acted or is acting in
compliance with this title.
``(C) Every person who is subject to a national primary
drinking water regulation under section 1412 shall provide
such information as the Administrator may reasonably require
to assist the Administrator in establishing regulations under
section 1412 of this title, after consultation with States
and suppliers of water. The Administrator may not require
under this subparagraph the installation of treatment
equipment or process changes, the testing of treatment
technology, or the analysis or processing of monitoring
samples, except where the Administrator provides the funding
for such activities. Before exercising this authority, the
Administrator shall first seek to obtain the information by
voluntary submission.
``(D) The Administrator shall not later than 2 years after
the date of enactment of this subparagraph, after
consultation with public health experts, representatives of
the general public, and officials of State and local
governments, review the monitoring requirements for not fewer
than 12 contaminants identified by the Administrator, and
promulgate any necessary modifications.''.
(b) Monitoring Relief.--Part B is amended by adding the
following new section after section 1417 (42 U.S.C. 300g-6):
``MONITORING OF CONTAMINANTS
``Sec. 1418. (a) Interim Monitoring Relief Authority.--
``(1) In general.--A State exercising primary enforcement
responsibility for public water systems may modify the
monitoring requirements for any regulated or unregulated
contaminants for which monitoring is required other than
microbial contaminants (or indicators thereof), disinfectants
and disinfection byproducts or corrosion byproducts for an
interim period to provide that any public water system
serving 10,000 persons or fewer shall not be required to
conduct additional quarterly monitoring during an interim
relief period for such contaminants if--
``(A) monitoring, conducted at the beginning of the period
for the contaminant concerned and certified to the State by
the public water system, fails to detect the presence of the
contaminant in the ground or surface water supplying the
public water system; and
``(B) the State, considering the hydrogeology of the area
and other relevant factors, determines in writing that the
contaminant is unlikely to be detected by further monitoring
during such period.
``(2) Termination; timing of monitoring.--The interim
relief period referred to in paragraph (1) shall terminate
when permanent monitoring relief is adopted and approved for
such State, or at the end of 36 months after the date of
enactment of the Safe Drinking Water Act Amendments of 1996,
whichever comes first. In order to serve as a basis for
interim relief, the monitoring conducted at the beginning of
the period must occur at the time determined by the State to
be the time of the public water system's greatest
vulnerability to the contaminant concerned in the relevant
ground or surface water, taking into account in the case of
pesticides the time of application of the pesticide for the
source water area and the travel time for the pesticide to
reach such waters and taking into account, in the case of
other contaminants, seasonality of precipitation and
contaminant travel time.
``(b) Permanent Monitoring Relief Authority.--
``(1) In general.--Each State exercising primary
enforcement responsibility for public water systems under
this title and having an approved source water assessment
program may adopt, in accordance with guidance published by
the Administrator, tailored alternative monitoring
requirements for public water systems in such State (as an
alternative to the monitoring requirements for chemical
contaminants set forth in the applicable national primary
drinking water regulations) where the State concludes that
(based on data available at the time of adoption concerning
susceptibility, use, occurrence, or wellhead protection, or
from the State's drinking water source water assessment
program) such alternative monitoring would provide assurance
that it complies with the Administrator's guidelines. The
State program must be adequate to assure compliance with, and
enforcement of, applicable national primary drinking water
regulations. Alternative monitoring shall not apply to
regulated microbiological contaminants (or indicators
thereof), disinfectants and disinfection byproducts, or
corrosion byproducts. The preceding sentence is not intended
to limit other authority of the Administrator under other
provisions of this title to grant monitoring flexibility.
``(2) Guidelines.--
``(A) In general.--The Administrator shall issue, after
notice and comment and at the same time as guidelines are
issued for source water assessment under section 1453,
guidelines for States to follow in proposing alternative
monitoring requirements under paragraph (1) for chemical
contaminants. The Administrator shall publish such guidelines
in the Federal Register. The guidelines shall assure that the
public health will be protected from drinking water
contamination. The guidelines shall require that a State
alternative monitoring program apply on a contaminant-by-
contaminant basis and that, to be eligible for such
alternative monitoring program, a public water system must
show the State that the contaminant is not present in the
drinking water supply or, if present, it is reliably and
consistently below the maximum contaminant level.
``(B) Definition.--For purposes of subparagraph (A), the
phrase `reliably and consistently below the maximum
contaminant level' means that, although contaminants have
been detected in a water supply, the State has sufficient
knowledge of the contamination source and extent of
contamination to predict that the maximum contaminant level
will not be exceeded. In determining that a contaminant is
reliably and consistently below the maximum contaminant
level, States shall consider the quality and completeness of
data, the length of time covered and the volatility or
stability of monitoring results during that time, and the
proximity of such results to the maximum contaminant level.
Wide variations in the analytical results, or analytical
results close to the maximum contaminant level, shall not be
considered to be reliably and consistently below the maximum
contaminant level.
``(3) Effect of detection of contaminants.--The guidelines
issued by the Administrator under paragraph (2) shall require
that if, after the monitoring program is in effect and
operating, a contaminant covered by the alternative
monitoring program is detected at levels at or above the
maximum contaminant level or is no longer reliably or
consistently below the maximum contaminant level, the public
water system must either--
``(A) demonstrate that the contamination source has been
removed or that other action has been taken to eliminate the
contamination problem; or
``(B) test for the detected contaminant pursuant to the
applicable national primary drinking water regulation.
``(4) States not exercising primary enforcement
responsibility.--The Governor of any State not exercising
primary enforcement responsibility under section 1413 on the
date of enactment of this section may submit to the
Administrator a request that the Administrator modify the
monitoring requirements established by the Administrator and
applicable to public water systems in that State. After
consultation with the Governor, the Administrator shall
modify the requirements for public water systems in that
State if the request of the Governor is in accordance with
each of the requirements of this subsection that apply to
alternative monitoring requirements established by States
that have primary enforcement responsibility. A decision by
the Adminis
[[Page 2109]]
trator to approve a request under this clause shall be for a
period of 3 years and may subsequently be extended for
periods of 5 years.
``(c) Treatment as NPDWR.--All monitoring relief granted by
a State to a public water system for a regulated contaminant
under subsection (a) or (b) shall be treated as part of the
national primary drinking water regulation for that
contaminant.
``(d) Other Monitoring Relief.--Nothing in this section
shall be construed to affect the authority of the States
under applicable national primary drinking water regulations
to alter monitoring requirements through waivers or other
existing authorities. The Administrator shall periodically
review and, as appropriate, revise such authorities.''.
(c) Unregulated Contaminants.--Section 1445(a) (42 U.S.C.
300j-4(a)) is amended by striking paragraphs (2) through (8)
and inserting the following:
``(2) Monitoring program for unregulated contaminants.--
``(A) Establishment.--The Administrator shall promulgate
regulations establishing the criteria for a monitoring
program for unregulated contaminants. The regulations shall
require monitoring of drinking water supplied by public water
systems and shall vary the frequency and schedule for
monitoring requirements for systems based on the number of
persons served by the system, the source of supply, and the
contaminants likely to be found, ensuring that only a
representative sample of systems serving 10,000 persons or
fewer are required to monitor.
``(B) Monitoring program for certain unregulated
contaminants.--
``(i) Initial list.--Not later than 3 years after the date
of enactment of the Safe Drinking Water Act Amendments of
1996 and every 5 years thereafter, the Administrator shall
issue a list pursuant to subparagraph (A) of not more than 30
unregulated contaminants to be monitored by public water
systems and to be included in the national drinking water
occurrence data base maintained pursuant to subsection (g).
``(ii) Governors' petition.--The Administrator shall
include among the list of contaminants for which monitoring
is required under this paragraph each contaminant recommended
in a petition signed by the Governor of each of 7 or more
States, unless the Administrator determines that the action
would prevent the listing of other contaminants of a higher
public health concern.
``(C) Monitoring plan for small and medium systems.--
``(i) In general.--Based on the regulations promulgated by
the Administrator, each State may develop a representative
monitoring plan to assess the occurrence of unregulated
contaminants in public water systems that serve a population
of 10,000 or fewer in that State. The plan shall require
monitoring for systems representative of different sizes,
types, and geographic locations in the State.
``(ii) Grants for small system costs.--From funds reserved
under section 1452(o) or appropriated under subparagraph (H),
the Administrator shall pay the reasonable cost of such
testing and laboratory analysis as are necessary to carry out
monitoring under the plan.
``(D) Monitoring results.--Each public water system that
conducts monitoring of unregulated contaminants pursuant to
this paragraph shall provide the results of the monitoring to
the primary enforcement authority for the system.
``(E) Notification.--Notification of the availability of
the results of monitoring programs required under paragraph
(2)(A) shall be given to the persons served by the system.
``(F) Waiver of monitoring requirement.--The Administrator
shall waive the requirement for monitoring for a contaminant
under this paragraph in a State, if the State demonstrates
that the criteria for listing the contaminant do not apply in
that State.
``(G) Analytical methods.--The State may use screening
methods approved by the Administrator under subsection (i) in
lieu of monitoring for particular contaminants under this
paragraph.
``(H) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$10,000,000 for each of the fiscal years 1997 through
2003.''.
(d) Screening Methods.--Section 1445 (42 U.S.C. 300j-4) is
amended by adding the following after subsection (h):
``(i) Screening Methods.--The Administrator shall review
new analytical methods to screen for regulated contaminants
and may approve such methods as are more accurate or cost-
effective than established reference methods for use in
compliance monitoring.''.
SEC. 126. OCCURRENCE DATA BASE.
Section 1445 (42 U.S.C. 300j-4) is amended by adding the
following new subsection after subsection (f):
``(g) Occurrence Data Base.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Safe Drinking Water Act Amendments of 1996,
the Administrator shall assemble and maintain a national
drinking water contaminant occurrence data base, using
information on the occurrence of both regulated and
unregulated contaminants in public water systems obtained
under subsection (a)(1)(A) or subsection (a)(2) and reliable
information from other public and private sources.
``(2) Public input.--In establishing the occurrence data
base, the Administrator shall solicit recommendations from
the Science Advisory Board, the States, and other interested
parties concerning the development and maintenance of a
national drinking water contaminant occurrence data base,
including such issues as the structure and design of the data
base, data input parameters and requirements, and the use and
interpretation of data.
``(3) Use.--The data shall be used by the Administrator in
making determinations under section 1412(b)(1) with respect
to the occurrence of a contaminant in drinking water at a
level of public health concern.
``(4) Public recommendations.--The Administrator shall
periodically solicit recommendations from the appropriate
officials of the National Academy of Sciences and the States,
and any person may submit recommendations to the
Administrator, with respect to contaminants that should be
included in the national drinking water contaminant
occurrence data base, including recommendations with respect
to additional unregulated contaminants that should be listed
under subsection (a)(2). Any recommendation submitted under
this clause shall be accompanied by reasonable documentation
that--
``(A) the contaminant occurs or is likely to occur in
drinking water; and
``(B) the contaminant poses a risk to public health.
``(5) Public availability.--The information from the data
base shall be available to the public in readily accessible
form.
``(6) Regulated contaminants.--With respect to each
contaminant for which a national primary drinking water
regulation has been established, the data base shall include
information on the detection of the contaminant at a
quantifiable level in public water systems (including
detection of the contaminant at levels not constituting a
violation of the maximum contaminant level for the
contaminant).
``(7) Unregulated contaminants.--With respect to
contaminants for which a national primary drinking water
regulation has not been established, the data base shall
include--
``(A) monitoring information collected by public water
systems that serve a population of more than 10,000, as
required by the Administrator under subsection (a);
``(B) monitoring information collected from a
representative sampling of public water systems that serve a
population of 10,000 or fewer; and
``(C) other reliable and appropriate monitoring information
on the occurrence of the contaminants in public water systems
that is available to the Administrator.''.
SEC. 127. DRINKING WATER ADVISORY COUNCIL.
The second sentence of section 1446(a) (42 U.S.C. 300j-
6(a)) is amended by inserting before the period at the end
the following: ``, of which two such members shall be
associated with small, rural public water systems''.
SEC. 128. NEW YORK CITY WATERSHED PROTECTION PROGRAM.
Section 1443 (42 U.S.C. 300j-2) is amended by adding at the
end the following:
``(d) New York City Watershed Protection Program.--
``(1) In general.--The Administrator is authorized to
provide financial assistance to the State of New York for
demonstration projects implemented as part of the watershed
program for the protection and enhancement of the quality of
source waters of the New York City water supply system,
including projects that demonstrate, assess, or provide for
comprehensive monitoring and surveillance and projects
necessary to comply with the criteria for avoiding filtration
contained in 40 CFR 141.71. Demonstration projects which
shall be eligible for financial assistance shall be certified
to the Administrator by the State of New York as satisfying
the purposes of this subsection. In certifying projects to
the Administrator, the State of New York shall give priority
to monitoring projects that have undergone peer review.
``(2) Report.--Not later than 5 years after the date on
which the Administrator first provides assistance pursuant to
this paragraph, the Governor of the State of New York shall
submit a report to the Administrator on the results of
projects assisted.
``(3) Matching requirements.--Federal assistance provided
under this subsection shall not exceed 50 percent of the
total cost of the protection program being carried out for
any particular watershed or ground water recharge area.
``(4) Authorization.--There are authorized to be
appropriated to the Administrator to carry out this
subsection for each of fiscal years 1997 through 2003,
$15,000,000 for the purpose of providing assistance to the
State of New York to carry out paragraph (1).''.
SEC. 129. FEDERAL AGENCIES.
(a) In General.--Section 1447 (42 U.S.C. 300j-6) is amended
by redesignating subsection (c) as subsection (d) and by
striking subsections (a) and (b) and inserting the following:
``(a) In General.--Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government--
``(1) owning or operating any facility in a wellhead
protection area;
``(2) engaged in any activity at such facility resulting,
or which may result, in the contamination of water supplies
in any such area;
``(3) owning or operating any public water system; or
``(4) engaged in any activity resulting, or which may
result in, underground injection which endangers drinking
water (within the meaning of section 1421(d)(2)),
shall be subject to, and comply with, all Federal, State,
interstate, and local require
[[Page 2110]]
ments, both substantive and procedural (including any
requirement for permits or reporting or any provisions for
injunctive relief and such sanctions as may be imposed by a
court to enforce such relief), respecting the protection of
such wellhead areas, respecting such public water systems,
and respecting any underground injection in the same manner
and to the same extent as any person is subject to such
requirements, including the payment of reasonable service
charges. The Federal, State, interstate, and local
substantive and procedural requirements referred to in this
subsection include, but are not limited to, all
administrative orders and all civil and administrative
penalties and fines, regardless of whether such penalties or
fines are punitive or coercive in nature or are imposed for
isolated, intermittent, or continuing violations. The United
States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not
limited to, any injunctive relief, administrative order or
civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The
reasonable service charges referred to in this subsection
include, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits,
renewal of permits, amendments to permits, review of plans,
studies, and other documents, and inspection and monitoring
of facilities, as well as any other nondiscriminatory charges
that are assessed in connection with a Federal, State,
interstate, or local regulatory program respecting the
protection of wellhead areas or public water systems or
respecting any underground injection. Neither the United
States, nor any agent, employee, or officer thereof, shall be
immune or exempt from any process or sanction of any State or
Federal Court with respect to the enforcement of any such
injunctive relief. No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local law
concerning the protection of wellhead areas or public water
systems or concerning underground injection with respect to
any act or omission within the scope of the official duties
of the agent, employee, or officer. An agent, employee, or
officer of the United States shall be subject to any criminal
sanction (including, but not limited to, any fine or
imprisonment) under any Federal or State requirement adopted
pursuant to this title, but no department, agency, or
instrumentality of the executive, legislative, or judicial
branch of the Federal Government shall be subject to any such
sanction. The President may exempt any facility of any
department, agency, or instrumentality in the executive
branch from compliance with such a requirement if he
determines it to be in the paramount interest of the United
States to do so. No such exemption shall be granted due to
lack of appropriation unless the President shall have
specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall
be for a period not in excess of 1 year, but additional
exemptions may be granted for periods not to exceed 1 year
upon the President's making a new determination. The
President shall report each January to the Congress all
exemptions from the requirements of this section granted
during the preceding calendar year, together with his reason
for granting each such exemption.
``(b) Administrative Penalty Orders.--
``(1) In general.--If the Administrator finds that a
Federal agency has violated an applicable requirement under
this title, the Administrator may issue a penalty order
assessing a penalty against the Federal agency.
``(2) Penalties.--The Administrator may, after notice to
the agency, assess a civil penalty against the agency in an
amount not to exceed $25,000 per day per violation.
``(3) Procedure.--Before an administrative penalty order
issued under this subsection becomes final, the Administrator
shall provide the agency an opportunity to confer with the
Administrator and shall provide the agency notice and an
opportunity for a hearing on the record in accordance with
chapters 5 and 7 of title 5, United States Code.
``(4) Public review.--
``(A) In general.--Any interested person may obtain review
of an administrative penalty order issued under this
subsection. The review may be obtained in the United States
District Court for the District of Columbia or in the United
States District Court for the district in which the violation
is alleged to have occurred by the filing of a complaint with
the court within the 30-day period beginning on the date the
penalty order becomes final. The person filing the complaint
shall simultaneously send a copy of the complaint by
certified mail to the Administrator and the Attorney General.
``(B) Record.--The Administrator shall promptly file in the
court a certified copy of the record on which the order was
issued.
``(C) Standard of review.--The court shall not set aside or
remand the order unless the court finds that there is not
substantial evidence in the record, taken as a whole, to
support the finding of a violation or that the assessment of
the penalty by the Administrator constitutes an abuse of
discretion.
``(D) Prohibition on additional penalties.--The court may
not impose an additional civil penalty for a violation that
is subject to the order unless the court finds that the
assessment constitutes an abuse of discretion by the
Administrator.''
``(c) Limitation on State Use of Funds Collected From
Federal Government.--Unless a State law in effect on the date
of enactment of the Safe Drinking Water Act Amendments of
1996 or a State constitution requires the funds to be used in
a different manner, all funds collected by a State from the
Federal Government from penalties and fines imposed for
violation of any substantive or procedural requirement
referred to in subsection (a) shall be used by the State only
for projects designed to improve or protect the environment
or to defray the costs of environmental protection or
enforcement.''.
(b) Citizen Enforcement.--(1) The first sentence of section
1449(a) (42 U.S.C. 300j-8(a)) is amended--
(A) in paragraph (1), by striking ``, or'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) for the collection of a penalty by the United States
Government (and associated costs and interest) against any
Federal agency that fails, by the date that is 18 months
after the effective date of a final order to pay a penalty
assessed by the Administrator under section 1429(b), to pay
the penalty.''.
(2) Subsection (b) of section 1449 (42 U.S.C. 300j-8(b)) is
amended by striking the period at the end of paragraph (2)
and inserting ``; or'' and by adding the following new
paragraph after paragraph (2):
``(3) under subsection (a)(3) prior to 60 days after the
plaintiff has given notice of such action to the Attorney
General and to the Federal agency.''.
(c) Washington Aqueduct.--Section 1447 (42 U.S.C. 300j-6)
is amended by adding at the end the following:
``(e) Washington Aqueduct.--The Secretary of the Army shall
not pass the cost of any penalty assessed under this title on
to any customer, user, or other purchaser of drinking water
from the Washington Aqueduct system, including finished water
from the Dalecarlia or McMillan treatment plant.''.
SEC. 130. STATE REVOLVING LOAN FUNDS.
Part E (42 U.S.C. 300j et seq.) is amended by adding the
following new section after section 1451:
``STATE REVOLVING LOAN FUNDS
``Sec. 1452. (a) General Authority.--
``(1) Grants to states to establish state loan funds.--
``(A) In general.--The Administrator shall offer to enter
into agreements with eligible States to make capitalization
grants, including letters of credit, to the States under this
subsection to further the health protection objectives of
this title, promote the efficient use of fund resources, and
for other purposes as are specified in this title.
``(B) Establishment of fund.--To be eligible to receive a
capitalization grant under this section, a State shall
establish a drinking water treatment revolving loan fund
(referred to in this section as a `State loan fund') and
comply with the other requirements of this section. Each
grant to a State under this section shall be deposited in the
State loan fund established by the State, except as otherwise
provided in this section and in other provisions of this
title. No funds authorized by other provisions of this title
to be used for other purposes specified in this title shall
be deposited in any State loan fund.
``(C) Extended period.--The grant to a State shall be
available to the State for obligation during the fiscal year
for which the funds are authorized and during the following
fiscal year, except that grants made available from funds
provided prior to fiscal year 1997 shall be available for
obligation during each of the fiscal years 1997 and 1998.
``(D) Allotment formula.--Except as otherwise provided in
this section, funds made available to carry out this section
shall be allotted to States that have entered into an
agreement pursuant to this section (other than the District
of Columbia) in accordance with--
``(i) for each of fiscal years 1995 through 1997, a formula
that is the same as the formula used to distribute public
water system supervision grant funds under section 1443 in
fiscal year 1995, except that the minimum proportionate share
established in the formula shall be 1 percent of available
funds and the formula shall be adjusted to include a minimum
proportionate share for the State of Wyoming and the District
of Columbia; and
``(ii) for fiscal year 1998 and each subsequent fiscal
year, a formula that allocates to each State the proportional
share of the State needs identified in the most recent survey
conducted pursuant to subsection (h), except that the minimum
proportionate share provided to each State shall be the same
as the minimum proportionate share provided under clause (i).
``(E) Reallotment.--The grants not obligated by the last
day of the period for which the grants are available shall be
reallotted according to the appropriate criteria set forth in
subparagraph (D), except that the Administrator may reserve
and allocate 10 percent of the remaining amount for financial
assistance to Indian Tribes in addition to the amount
allotted under subsection (i) and none of the funds
reallotted by the Administrator shall be reallotted to any
State that has not obligated all sums allotted to the State
pursuant to this section during the period in which the sums
were available for obligation.
[[Page 2111]]
``(F) Nonprimacy states.--The State allotment for a State
not exercising primary enforcement responsibility for public
water systems shall not be deposited in any such fund but
shall be allotted by the Administrator under this
subparagraph. Pursuant to section 1443(a)(9)(A) such sums
allotted under this subparagraph shall be reserved as needed
by the Administrator to exercise primary enforcement
responsibility under this title in such State and the
remainder shall be reallotted to States exercising primary
enforcement responsibility for public water systems for
deposit in such funds. Whenever the Administrator makes a
final determination pursuant to section 1413(b) that the
requirements of section 1413(a) are no longer being met by a
State, additional grants for such State under this title
shall be immediately terminated by the Administrator. This
subparagraph shall not apply to any State not exercising
primary enforcement responsibility for public water systems
as of the date of enactment of the Safe Drinking Water Act
Amendments of 1996.
``(G) Other programs.--
``(i) New system capacity.--Beginning in fiscal year 1999,
the Administrator shall withhold 20 percent of each
capitalization grant made pursuant to this section to a State
unless the State has met the requirements of section 1420(a)
(relating to capacity development) and shall withhold 10
percent for fiscal year 2001, 15 percent for fiscal year
2002, and 20 percent for fiscal year 2003 if the State has
not complied with the provisions of section 1420(c) (relating
to capacity development strategies). Not more than a total of
20 percent of the capitalization grants made to a State in
any fiscal year may be withheld under the preceding
provisions of this clause. All funds withheld by the
Administrator pursuant to this clause shall be reallotted by
the Administrator on the basis of the same ratio as is
applicable to funds allotted under subparagraph (D). None of
the funds reallotted by the Administrator pursuant to this
paragraph shall be allotted to a State unless the State has
met the requirements of section 1420 (relating to capacity
development).
``(ii) Operator certification.--The Administrator shall
withhold 20 percent of each capitalization grant made
pursuant to this section unless the State has met the
requirements of 1419 (relating to operator certification).
All funds withheld by the Administrator pursuant to this
clause shall be reallotted by the Administrator on the basis
of the same ratio as applicable to funds allotted under
subparagraph (D). None of the funds reallotted by the
Administrator pursuant to this paragraph shall be allotted to
a State unless the State has met the requirements of section
1419 (relating to operator certification).
``(2) Use of funds.--Except as otherwise authorized by this
title, amounts deposited in a State loan fund, including loan
repayments and interest earned on such amounts, shall be used
only for providing loans or loan guarantees, or as a source
of reserve and security for leveraged loans, the proceeds of
which are deposited in a State loan fund established under
paragraph (1), or other financial assistance authorized under
this section to community water systems and nonprofit
noncommunity water systems, other than systems owned by
Federal agencies. Financial assistance under this section may
be used by a public water system only for expenditures (not
including monitoring, operation, and maintenance
expenditures) of a type or category which the Administrator
has determined, through guidance, will facilitate compliance
with national primary drinking water regulations applicable
to the system under section 1412 or otherwise significantly
further the health protection objectives of this title. The
funds may also be used to provide loans to a system referred
to in section 1401(4)(B) for the purpose of providing the
treatment described in section 1401(4)(B)(i)(III). The funds
shall not be used for the acquisition of real property or
interests therein, unless the acquisition is integral to a
project authorized by this paragraph and the purchase is from
a willing seller. Of the amount credited to any State loan
fund established under this section in any fiscal year, 15
percent shall be available solely for providing loan
assistance to public water systems which regularly serve
fewer than 10,000 persons to the extent such funds can be
obligated for eligible projects of public water systems.
``(3) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
no assistance under this section shall be provided to a
public water system that--
``(i) does not have the technical, managerial, and
financial capability to ensure compliance with the
requirements of this title; or
``(ii) is in significant noncompliance with any requirement
of a national primary drinking water regulation or variance.
``(B) Restructuring.--A public water system described in
subparagraph (A) may receive assistance under this section
if--
``(i) the use of the assistance will ensure compliance; and
``(ii) if subparagraph (A)(i) applies to the system, the
owner or operator of the system agrees to undertake feasible
and appropriate changes in operations (including ownership,
management, accounting, rates, maintenance, consolidation,
alternative water supply, or other procedures) if the State
determines that the measures are necessary to ensure that the
system has the technical, managerial, and financial
capability to comply with the requirements of this title over
the long term.
``(C) Review.--Prior to providing assistance under this
section to a public water system that is in significant
noncompliance with any requirement of a national primary
drinking water regulation or variance, the State shall
conduct a review to determine whether subparagraph (A)(i)
applies to the system.
``(b) Intended Use Plans.--
``(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement pursuant to this section shall annually prepare a
plan that identifies the intended uses of the amounts
available to the State loan fund of the State.
``(2) Contents.--An intended use plan shall include--
``(A) a list of the projects to be assisted in the first
fiscal year that begins after the date of the plan, including
a description of the project, the expected terms of financial
assistance, and the size of the community served;
``(B) the criteria and methods established for the
distribution of funds; and
``(C) a description of the financial status of the State
loan fund and the short-term and long-term goals of the State
loan fund.
``(3) Use of funds.--
``(A) In general.--An intended use plan shall provide, to
the maximum extent practicable, that priority for the use of
funds be given to projects that--
``(i) address the most serious risk to human health;
``(ii) are necessary to ensure compliance with the
requirements of this title (including requirements for
filtration); and
``(iii) assist systems most in need on a per household
basis according to State affordability criteria.
``(B) List of projects.--Each State shall, after notice and
opportunity for public comment, publish and periodically
update a list of projects in the State that are eligible for
assistance under this section, including the priority
assigned to each project and, to the extent known, the
expected funding schedule for each project.
``(c) Fund Management.--Each State loan fund under this
section shall be established, maintained, and credited with
repayments and interest. The fund corpus shall be available
in perpetuity for providing financial assistance under this
section. To the extent amounts in the fund are not required
for current obligation or expenditure, such amounts shall be
invested in interest bearing obligations.
``(d) Assistance for Disadvantaged Communities.--
``(1) Loan subsidy.--Notwithstanding any other provision of
this section, in any case in which the State makes a loan
pursuant to subsection (a)(2) to a disadvantaged community or
to a community that the State expects to become a
disadvantaged community as the result of a proposed project,
the State may provide additional subsidization (including
forgiveness of principal).
``(2) Total amount of subsidies.--For each fiscal year, the
total amount of loan subsidies made by a State pursuant to
paragraph (1) may not exceed 30 percent of the amount of the
capitalization grant received by the State for the year.
``(3) Definition of disadvantaged community.--In this
subsection, the term `disadvantaged community' means the
service area of a public water system that meets
affordability criteria established after public review and
comment by the State in which the public water system is
located. The Administrator may publish information to assist
States in establishing affordability criteria.
``(e) State Contribution.--Each agreement under subsection
(a) shall require that the State deposit in the State loan
fund from State moneys an amount equal to at least 20 percent
of the total amount of the grant to be made to the State on
or before the date on which the grant payment is made to the
State, except that a State shall not be required to deposit
such amount into the fund prior to the date on which each
grant payment is made for fiscal years 1994, 1995, 1996, and
1997 if the State deposits the State contribution amount into
the State loan fund prior to September 30, 1999.
``(f) Types of Assistance.--Except as otherwise limited by
State law, the amounts deposited into a State loan fund under
this section may be used only--
``(1) to make loans, on the condition that--
``(A) the interest rate for each loan is less than or equal
to the market interest rate, including an interest free loan;
``(B) principal and interest payments on each loan will
commence not later than 1 year after completion of the
project for which the loan was made, and each loan will be
fully amortized not later than 20 years after the completion
of the project, except that in the case of a disadvantaged
community (as defined in subsection (d)(3)), a State may
provide an extended term for a loan, if the extended term--
``(i) terminates not later than the date that is 30 years
after the date of project completion; and
``(ii) does not exceed the expected design life of the
project;
``(C) the recipient of each loan will establish a dedicated
source of revenue (or, in the case of a privately owned
system, demonstrate that there is adequate security) for the
repayment of the loan; and
``(D) the State loan fund will be credited with all
payments of principal and interest on each loan;
[[Page 2112]]
``(2) to buy or refinance the debt obligation of a
municipality or an intermunicipal or interstate agency within
the State at an interest rate that is less than or equal to
the market interest rate in any case in which a debt
obligation is incurred after July 1, 1993;
``(3) to guarantee, or purchase insurance for, a local
obligation (all of the proceeds of which finance a project
eligible for assistance under this section) if the guarantee
or purchase would improve credit market access or reduce the
interest rate applicable to the obligation;
``(4) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State if the proceeds of the sale of the bonds
will be deposited into the State loan fund; and
``(5) to earn interest on the amounts deposited into the
State loan fund.
``(g) Administration of State Loan Funds.--
``(1) Combined financial administration.--Notwithstanding
subsection (c), a State may (as a convenience and to avoid
unnecessary administrative costs) combine, in accordance with
State law, the financial administration of a State loan fund
established under this section with the financial
administration of any other revolving fund established by the
State if otherwise not prohibited by the law under which the
State loan fund was established and if the Administrator
determines that--
``(A) the grants under this section, together with loan
repayments and interest, will be separately accounted for and
used solely for the purposes specified in subsection (a); and
``(B) the authority to establish assistance priorities and
carry out oversight and related activities (other than
financial administration) with respect to assistance remains
with the State agency having primary responsibility for
administration of the State program under section 1413, after
consultation with other appropriate State agencies (as
determined by the State): Provided, That in nonprimacy States
eligible to receive assistance under this section, the
Governor shall determine which State agency will have
authority to establish priorities for financial assistance
from the State loan fund.
``(2) Cost of administering fund.--Each State may annually
use up to 4 percent of the funds allotted to the State under
this section to cover the reasonable costs of administration
of the programs under this section, including the recovery of
reasonable costs expended to establish a State loan fund
which are incurred after the date of enactment of this
section, and to provide technical assistance to public water
systems within the State. For fiscal year 1995 and each
fiscal year thereafter, each State may use up to an
additional 10 percent of the funds allotted to the State
under this section--
``(A) for public water system supervision programs under
section 1443(a);
``(B) to administer or provide technical assistance through
source water protection programs;
``(C) to develop and implement a capacity development
strategy under section 1420(c); and
``(D) for an operator certification program for purposes of
meeting the requirements of section 1419,
if the State matches the expenditures with at least an equal
amount of State funds. At least half of the match must be
additional to the amount expended by the State for public
water supervision in fiscal year 1993. An additional 2
percent of the funds annually allotted to each State under
this section may be used by the State to provide technical
assistance to public water systems serving 10,000 or fewer
persons in the State. Funds utilized under subparagraph (B)
shall not be used for enforcement actions.
``(3) Guidance and regulations.--The Administrator shall
publish guidance and promulgate regulations as may be
necessary to carry out the provisions of this section,
including--
``(A) provisions to ensure that each State commits and
expends funds allotted to the State under this section as
efficiently as possible in accordance with this title and
applicable State laws;
``(B) guidance to prevent waste, fraud, and abuse; and
``(C) guidance to avoid the use of funds made available
under this section to finance the expansion of any public
water system in anticipation of future population growth.
The guidance and regulations shall also ensure that the
States, and public water systems receiving assistance under
this section, use accounting, audit, and fiscal procedures
that conform to generally accepted accounting standards.
``(4) State report.--Each State administering a loan fund
and assistance program under this subsection shall publish
and submit to the Administrator a report every 2 years on its
activities under this section, including the findings of the
most recent audit of the fund and the entire State allotment.
The Administrator shall periodically audit all State loan
funds established by, and all other amounts allotted to, the
States pursuant to this section in accordance with procedures
established by the Comptroller General.
``(h) Needs Survey.--The Administrator shall conduct an
assessment of water system capital improvement needs of all
eligible public water systems in the United States and submit
a report to the Congress containing the results of the
assessment within 180 days after the date of enactment of the
Safe Drinking Water Act Amendments of 1996 and every 4 years
thereafter.
``(i) Indian Tribes.--
``(1) In general.--1\1/2\ percent of the amounts
appropriated annually to carry out this section may be used
by the Administrator to make grants to Indian Tribes and
Alaska Native villages that have not otherwise received
either grants from the Administrator under this section or
assistance from State loan funds established under this
section. The grants may only be used for expenditures by
tribes and villages for public water system expenditures
referred to in subsection (a)(2).
``(2) Use of funds.--Funds reserved pursuant to paragraph
(1) shall be used to address the most significant threats to
public health associated with public water systems that serve
Indian Tribes, as determined by the Administrator in
consultation with the Director of the Indian Health Service
and Indian Tribes.
``(3) Alaska native villages.--In the case of a grant for a
project under this subsection in an Alaska Native village,
the Administrator is also authorized to make grants to the
State of Alaska for the benefit of Native villages. An amount
not to exceed 4 percent of the grant amount may be used by
the State of Alaska for project management.
``(4) Needs assessment.--The Administrator, in consultation
with the Director of the Indian Health Service and Indian
Tribes, shall, in accordance with a schedule that is
consistent with the needs surveys conducted pursuant to
subsection (h), prepare surveys and assess the needs of
drinking water treatment facilities to serve Indian Tribes,
including an evaluation of the public water systems that pose
the most significant threats to public health.
``(j) Other Areas.--Of the funds annually available under
this section for grants to States, the Administrator shall
make allotments in accordance with section 1443(a)(4) for the
Virgin Islands, the Commonwealth of the Northern Mariana
Islands, American Samoa, and Guam. The grants allotted as
provided in this subsection may be provided by the
Administrator to the governments of such areas, to public
water systems in such areas, or to both, to be used for the
public water system expenditures referred to in subsection
(a)(2). The grants, and grants for the District of Columbia,
shall not be deposited in State loan funds. The total
allotment of grants under this section for all areas
described in this subsection in any fiscal year shall not
exceed 0.33 percent of the aggregate amount made available to
carry out this section in that fiscal year.
``(k) Other Authorized Activities.--
``(1) In general.--Notwithstanding subsection (a)(2), a
State may take each of the following actions:
``(A) Provide assistance, only in the form of a loan, to
one or more of the following:
``(i) Any public water system described in subsection
(a)(2) to acquire land or a conservation easement from a
willing seller or grantor, if the purpose of the acquisition
is to protect the source water of the system from
contamination and to ensure compliance with national primary
drinking water regulations.
``(ii) Any community water system to implement local,
voluntary source water protection measures to protect source
water in areas delineated pursuant to section 1453, in order
to facilitate compliance with national primary drinking water
regulations applicable to the system under section 1412 or
otherwise significantly further the health protection
objectives of this title. Funds authorized under this clause
may be used to fund only voluntary, incentive-based
mechanisms.
``(iii) Any community water system to provide funding in
accordance with section 1454(a)(1)(B)(i).
``(B) Provide assistance, including technical and financial
assistance, to any public water system as part of a capacity
development strategy developed and implemented in accordance
with section 1420(c).
``(C) Make expenditures from the capitalization grant of
the State for fiscal years 1996 and 1997 to delineate and
assess source water protection areas in accordance with
section 1453, except that funds set aside for such
expenditure shall be obligated within 4 fiscal years.
``(D) Make expenditures from the fund for the establishment
and implementation of wellhead protection programs under
section 1428.
``(2) Limitation.--For each fiscal year, the total amount
of assistance provided and expenditures made by a State under
this subsection may not exceed 15 percent of the amount of
the capitalization grant received by the State for that year
and may not exceed 10 percent of that amount for any one of
the following activities:
``(A) To acquire land or conservation easements pursuant to
paragraph (1)(A)(i).
``(B) To provide funding to implement voluntary, incentive-
based source water quality protection measures pursuant to
clauses (ii) and (iii) of paragraph (1)(A).
``(C) To provide assistance through a capacity development
strategy pursuant to paragraph (1)(B).
``(D) To make expenditures to delineate or assess source
water protection areas pursuant to paragraph (1)(C).
``(E) To make expenditures to establish and implement
wellhead protection programs pursuant to paragraph (1)(D).
``(3) Statutory construction.--Nothing in this section
creates or conveys any new authority to a State, political
subdivision of a State, or community water system for any
[[Page 2113]]
new regulatory measure, or limits any authority of a State,
political subdivision of a State or community water system.
``(l) Savings.--The failure or inability of any public
water system to receive funds under this section or any other
loan or grant program, or any delay in obtaining the funds,
shall not alter the obligation of the system to comply in a
timely manner with all applicable drinking water standards
and requirements of this title.
``(m) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the purposes of
this section $599,000,000 for the fiscal year 1994 and
$1,000,000,000 for each of the fiscal years 1995 through
2003. To the extent amounts authorized to be appropriated
under this subsection in any fiscal year are not appropriated
in that fiscal year, such amounts are authorized to be
appropriated in a subsequent fiscal year (prior to the fiscal
year 2004). Such sums shall remain available until expended.
``(n) Health Effects Studies.--From funds appropriated
pursuant to this section for each fiscal year, the
Administrator shall reserve $10,000,000 for health effects
studies on drinking water contaminants authorized by the Safe
Drinking Water Act Amendments of 1996. In allocating funds
made available under this subsection, the Administrator shall
give priority to studies concerning the health effects of
cryptosporidium (as authorized by section 1458(c)),
disinfection byproducts (as authorized by section 1458(c)),
and arsenic (as authorized by section 1412(b)(12)(A)), and
the implementation of a plan for studies of subpopulations at
greater risk of adverse effects (as authorized by section
1458(a)).
``(o) Monitoring for Unregulated Contaminants.--From funds
appropriated pursuant to this section for each fiscal year
beginning with fiscal year 1998, the Administrator shall
reserve $2,000,000 to pay the costs of monitoring for
unregulated contaminants under section 1445(a)(2)(C).
``(p) Demonstration Project for State of Virginia.--
Notwithstanding the other provisions of this section limiting
the use of funds deposited in a State loan fund from any
State allotment, the State of Virginia may, as a single
demonstration and with the approval of the Virginia General
Assembly and the Administrator, conduct a program to
demonstrate alternative approaches to intergovernmental
coordination to assist in the financing of new drinking water
facilities in the following rural communities in southwestern
Virginia where none exists on the date of enactment of the
Safe Drinking Water Act Amendments of 1996 and where such
communities are experiencing economic hardship: Lee County,
Wise County, Scott County, Dickenson County, Russell County,
Buchanan County, Tazewell County, and the city of Norton,
Virginia. The funds allotted to that State and deposited in
the State loan fund may be loaned to a regional endowment
fund for the purpose set forth in this subsection under a
plan to be approved by the Administrator. The plan may
include an advisory group that includes representatives of
such counties.
``(q) Small System Technical Assistance.--The Administrator
may reserve up to 2 percent of the total funds appropriated
pursuant to subsection (m) for each of the fiscal years 1997
through 2003 to carry out the provisions of section 1442(e)
(relating to technical assistance for small systems), except
that the total amount of funds made available for such
purpose in any fiscal year through appropriations (as
authorized by section 1442(e)) and reservations made pursuant
to this subsection shall not exceed the amount authorized by
section 1442(e).
``(r) Evaluation.--The Administrator shall conduct an
evaluation of the effectiveness of the State loan funds
through fiscal year 2001. The evaluation shall be submitted
to the Congress at the same time as the President submits to
the Congress, pursuant to section 1108 of title 31, United
States Code, an appropriations request for fiscal year 2003
relating to the budget of the Environmental Protection
Agency.''.
SEC. 131. STATE GROUND WATER PROTECTION GRANTS.
Part C (42 U.S.C. 300j et seq.) is amended by adding at the
end the following:
``STATE GROUND WATER PROTECTION GRANTS
``Sec. 1429. (a) In General.--The Administrator may make a
grant to a State for the development and implementation of a
State program to ensure the coordinated and comprehensive
protection of ground water resources within the State.
``(b) Guidance.--Not later than 1 year after the date of
enactment of the Safe Drinking Water Act Amendments of 1996,
and annually thereafter, the Administrator shall publish
guidance that establishes procedures for application for
State ground water protection program assistance and that
identifies key elements of State ground water protection
programs.
``(c) Conditions of Grants.--
``(1) In general.--The Administrator shall award grants to
States that submit an application that is approved by the
Administrator. The Administrator shall determine the amount
of a grant awarded pursuant to this paragraph on the basis of
an assessment of the extent of ground water resources in the
State and the likelihood that awarding the grant will result
in sustained and reliable protection of ground water quality.
``(2) Innovative program grants.--The Administrator may
also award a grant pursuant to this subsection for innovative
programs proposed by a State for the prevention of ground
water contamination.
``(3) Allocation of funds.--The Administrator shall, at a
minimum, ensure that, for each fiscal year, not less than 1
percent of funds made available to the Administrator by
appropriations to carry out this section are allocated to
each State that submits an application that is approved by
the Administrator pursuant to this section.
``(4) Limitation on grants.--No grant awarded by the
Administrator may be used for a project to remediate ground
water contamination.
``(d) Amount of Grants.--The amount of a grant awarded
pursuant to paragraph (1) shall not exceed 50 percent of the
eligible costs of carrying out the ground water protection
program that is the subject of the grant (as determined by
the Administrator) for the 1-year period beginning on the
date that the grant is awarded. The State shall pay a State
share to cover the costs of the ground water protection
program from State funds in an amount that is not less than
50 percent of the cost of conducting the program.
``(e) Evaluations and Reports.--Not later than 3 years
after the date of enactment of the Safe Drinking Water Act
Amendments of 1996, and every 3 years thereafter, the
Administrator shall evaluate the State ground water
protection programs that are the subject of grants awarded
pursuant to this section and report to the Congress on the
status of ground water quality in the United States and the
effectiveness of State programs for ground water protection.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 1997 through 2003.''.
SEC. 132. SOURCE WATER ASSESSMENT.
(a) In General.--Part E (42 U.S.C. 300j et seq.) is amended
by adding at the end the following:
``SOURCE WATER QUALITY ASSESSMENT
``Sec. 1453. (a) Source Water Assessment.--
``(1) Guidance.--Within 12 months after the date of
enactment of the Safe Drinking Water Act Amendments of 1996,
after notice and comment, the Administrator shall publish
guidance for States exercising primary enforcement
responsibility for public water systems to carry out directly
or through delegation (for the protection and benefit of
public water systems and for the support of monitoring
flexibility) a source water assessment program within the
State's boundaries. Each State adopting modifications to
monitoring requirements pursuant to section 1418(b) shall,
prior to adopting such modifications, have an approved source
water assessment program under this section and shall carry
out the program either directly or through delegation.
``(2) Program requirements.--A source water assessment
program under this subsection shall--
``(A) delineate the boundaries of the assessment areas in
such State from which one or more public water systems in the
State receive supplies of drinking water, using all
reasonably available hydrogeologic information on the sources
of the supply of drinking water in the State and the water
flow, recharge, and discharge and any other reliable
information as the State deems necessary to adequately
determine such areas; and
``(B) identify for contaminants regulated under this title
for which monitoring is required under this title (or any
unregulated contaminants selected by the State, in its
discretion, which the State, for the purposes of this
subsection, has determined may present a threat to public
health), to the extent practical, the origins within each
delineated area of such contaminants to determine the
susceptibility of the public water systems in the delineated
area to such contaminants.
``(3) Approval, implementation, and monitoring relief.--A
State source water assessment program under this subsection
shall be submitted to the Administrator within 18 months
after the Administrator's guidance is issued under this
subsection and shall be deemed approved 9 months after the
date of such submittal unless the Administrator disapproves
the program as provided in section 1428(c). States shall
begin implementation of the program immediately after its
approval. The Administrator's approval of a State program
under this subsection shall include a timetable, established
in consultation with the State, allowing not more than 2
years for completion after approval of the program. Public
water systems seeking monitoring relief in addition to the
interim relief provided under section 1418(a) shall be
eligible for monitoring relief, consistent with section
1418(b), upon completion of the assessment in the delineated
source water assessment area or areas concerned.
``(4) Timetable.--The timetable referred to in paragraph
(3) shall take into consideration the availability to the
State of funds under section 1452 (relating to State loan
funds) for assessments and other relevant factors. The
Administrator may extend any timetable included in a State
program approved under paragraph (3) to extend the period for
completion by an additional 18 months.
``(5) Demonstration project.--The Administrator shall, as
soon as practicable, conduct a demonstration project, in
consultation with other Federal agencies, to demonstrate the
most effective and protective means of assessing and
protecting source waters serving large metropolitan areas and
located on Federal lands.
``(6) Use of other programs.--To avoid duplication and to
encourage efficiency, the
[[Page 2114]]
program under this section may make use of any of the
following:
``(A) Vulnerability assessments, sanitary surveys, and
monitoring programs.
``(B) Delineations or assessments of ground water sources
under a State wellhead protection program developed pursuant
to this section.
``(C) Delineations or assessments of surface or ground
water sources under a State pesticide management plan
developed pursuant to the Pesticide and Ground Water State
Management Plan Regulation (subparts I and J of part 152 of
title 40, Code of Federal Regulations), promulgated under
section 3(d) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(d)).
``(D) Delineations or assessments of surface water sources
under a State watershed initiative or to satisfy the
watershed criterion for determining if filtration is required
under the Surface Water Treatment Rule (section 141.70 of
title 40, Code of Federal Regulations).
``(E) Delineations or assessments of surface or ground
water sources under programs or plans pursuant to the Federal
Water Pollution Control Act.
``(7) Public availability.--The State shall make the
results of the source water assessments conducted under this
subsection available to the public.
``(b) Approval and Disapproval.--For provisions relating to
program approval and disapproval, see section 1428(c).''.
(b) Approval and Disapproval of State Programs.--Section
1428 (42 U.S.C. 300h-7) is amended as follows:
(1) Amend the first sentence of subsection (c)(1) to read
as follows: ``If, in the judgment of the Administrator, a
State program or portion thereof under subsection (a) is not
adequate to protect public water systems as required by
subsection (a) or a State program under section 1453 or
section 1418(b) does not meet the applicable requirements of
section 1453 or section 1418(b), the Administrator shall
disapprove such program or portion thereof.''.
(2) Add after the second sentence of subsection (c)(1) the
following: ``A State program developed pursuant to section
1453 or section 1418(b) shall be deemed to meet the
applicable requirements of section 1453 or section 1418(b)
unless the Administrator determines within 9 months of the
receipt of the program that such program (or portion thereof)
does not meet such requirements.''.
(3) In the third sentence of subsection (c)(1) and in
subsection (c)(2), strike ``is inadequate'' and insert ``is
disapproved''.
(4) In subsection (b), add the following before the period
at the end of the first sentence: ``and source water
assessment programs under section 1453''.
SEC. 133. SOURCE WATER PETITION PROGRAM.
(a) In General.--Part E (42 U.S.C. 300j et seq.) is amended
by adding at the end the following:
``SOURCE WATER PETITION PROGRAM
``Sec. 1454. (a) Petition Program.--
``(1) In general.--
``(A) Establishment.--A State may establish a program under
which an owner or operator of a community water system in the
State, or a municipal or local government or political
subdivision of a State, may submit a source water quality
protection partnership petition to the State requesting that
the State assist in the local development of a voluntary,
incentive-based partnership, among the owner, operator, or
government and other persons likely to be affected by the
recommendations of the partnership, to--
``(i) reduce the presence in drinking water of contaminants
that may be addressed by a petition by considering the
origins of the contaminants, including to the maximum extent
practicable the specific activities that affect the drinking
water supply of a community;
``(ii) obtain financial or technical assistance necessary
to facilitate establishment of a partnership, or to develop
and implement recommendations of a partnership for the
protection of source water to assist in the provision of
drinking water that complies with national primary drinking
water regulations with respect to contaminants addressed by a
petition; and
``(iii) develop recommendations regarding voluntary and
incentive-based strategies for the long-term protection of
the source water of community water systems.
``(B) Funding.--Each State may--
``(i) use funds set aside pursuant to section
1452(k)(1)(A)(iii) by the State to carry out a program
described in subparagraph (A), including assistance to
voluntary local partnerships for the development and
implementation of partnership recommendations for the
protection of source water such as source water quality
assessment, contingency plans, and demonstration projects for
partners within a source water area delineated under section
1453(a); and
``(ii) provide assistance in response to a petition
submitted under this subsection using funds referred to in
subsection (b)(2)(B).
``(2) Objectives.--The objectives of a petition submitted
under this subsection shall be to--
``(A) facilitate the local development of voluntary,
incentive-based partnerships among owners and operators of
community water systems, governments, and other persons in
source water areas; and
``(B) obtain assistance from the State in identifying
resources which are available to implement the
recommendations of the partnerships to address the origins of
drinking water contaminants that may be addressed by a
petition (including to the maximum extent practicable the
specific activities contributing to the presence of the
contaminants) that affect the drinking water supply of a
community.
``(3) Contaminants addressed by a petition.--A petition
submitted to a State under this subsection may address only
those contaminants--
``(A) that are pathogenic organisms for which a national
primary drinking water regulation has been established or is
required under section 1412; or
``(B) for which a national primary drinking water
regulation has been promulgated or proposed and that are
detected by adequate monitoring methods in the source water
at the intake structure or in any collection, treatment,
storage, or distribution facilities by the community water
systems at levels--
``(i) above the maximum contaminant level; or
``(ii) that are not reliably and consistently below the
maximum contaminant level.
``(4) Contents.--A petition submitted under this subsection
shall, at a minimum--
``(A) include a delineation of the source water area in the
State that is the subject of the petition;
``(B) identify, to the maximum extent practicable, the
origins of the drinking water contaminants that may be
addressed by a petition (including to the maximum extent
practicable the specific activities contributing to the
presence of the contaminants) in the source water area
delineated under section 1453;
``(C) identify any deficiencies in information that will
impair the development of recommendations by the voluntary
local partnership to address drinking water contaminants that
may be addressed by a petition;
``(D) specify the efforts made to establish the voluntary
local partnership and obtain the participation of--
``(i) the municipal or local government or other political
subdivision of the State with jurisdiction over the source
water area delineated under section 1453; and
``(ii) each person in the source water area delineated
under section 1453--
``(I) who is likely to be affected by recommendations of
the voluntary local partnership; and
``(II) whose participation is essential to the success of
the partnership;
``(E) outline how the voluntary local partnership has or
will, during development and implementation of
recommendations of the voluntary local partnership, identify,
recognize and take into account any voluntary or other
activities already being undertaken by persons in the source
water area delineated under section 1453 under Federal or
State law to reduce the likelihood that contaminants will
occur in drinking water at levels of public health concern;
and
``(F) specify the technical, financial, or other assistance
that the voluntary local partnership requests of the State to
develop the partnership or to implement recommendations of
the partnership.
``(b) Approval or Disapproval of Petitions.--
``(1) In general.--After providing notice and an
opportunity for public comment on a petition submitted under
subsection (a), the State shall approve or disapprove the
petition, in whole or in part, not later than 120 days after
the date of submission of the petition.
``(2) Approval.--The State may approve a petition if the
petition meets the requirements established under subsection
(a). The notice of approval shall, at a minimum, include for
informational purposes--
``(A) an identification of technical, financial, or other
assistance that the State will provide to assist in
addressing the drinking water contaminants that may be
addressed by a petition based on--
``(i) the relative priority of the public health concern
identified in the petition with respect to the other water
quality needs identified by the State;
``(ii) any necessary coordination that the State will
perform of the program established under this section with
programs implemented or planned by other States under this
section; and
``(iii) funds available (including funds available from a
State revolving loan fund established under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.)
or section 1452;
``(B) a description of technical or financial assistance
pursuant to Federal and State programs that is available to
assist in implementing recommendations of the partnership in
the petition, including--
``(i) any program established under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
``(ii) the program established under section 6217 of the
Coastal Zone Act Reauthorization Amendments of 1990 (16
U.S.C. 1455b);
``(iii) the agricultural water quality protection program
established under chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
``(iv) the sole source aquifer protection program
established under section 1427;
``(v) the community wellhead protection program established
under section 1428;
``(vi) any pesticide or ground water management plan;
``(vii) any voluntary agricultural resource management plan
or voluntary whole farm or whole ranch management plan
developed and implemented under a process established by the
Secretary of Agriculture; and
``(viii) any abandoned well closure program; and
[[Page 2115]]
``(C) a description of activities that will be undertaken
to coordinate Federal and State programs to respond to the
petition.
``(3) Disapproval.--If the State disapproves a petition
submitted under subsection (a), the State shall notify the
entity submitting the petition in writing of the reasons for
disapproval. A petition may be resubmitted at any time if--
``(A) new information becomes available;
``(B) conditions affecting the source water that is the
subject of the petition change; or
``(C) modifications are made in the type of assistance
being requested.
``(c) Grants to Support State Programs.--
``(1) In general.--The Administrator may make a grant to
each State that establishes a program under this section that
is approved under paragraph (2). The amount of each grant
shall not exceed 50 percent of the cost of administering the
program for the year in which the grant is available.
``(2) Approval.--In order to receive grant assistance under
this subsection, a State shall submit to the Administrator
for approval a plan for a source water quality protection
partnership program that is consistent with the guidance
published under subsection (d). The Administrator shall
approve the plan if the plan is consistent with the guidance
published under subsection (d).
``(d) Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator, in consultation
with the States, shall publish guidance to assist--
``(A) States in the development of a source water quality
protection partnership program; and
``(B) municipal or local governments or political
subdivisions of a State and community water systems in the
development of source water quality protection partnerships
and in the assessment of source water quality.
``(2) Contents of the guidance.--The guidance shall, at a
minimum--
``(A) recommend procedures for the approval or disapproval
by a State of a petition submitted under subsection (a);
``(B) recommend procedures for the submission of petitions
developed under subsection (a);
``(C) recommend criteria for the assessment of source water
areas within a State; and
``(D) describe technical or financial assistance pursuant
to Federal and State programs that is available to address
the contamination of sources of drinking water and to develop
and respond to petitions submitted under subsection (a).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for each of the fiscal years 1997 through 2003.
Each State with a plan for a program approved under
subsection (b) shall receive an equitable portion of the
funds available for any fiscal year.
``(f) Statutory Construction.--Nothing in this section--
``(1)(A) creates or conveys new authority to a State,
political subdivision of a State, or community water system
for any new regulatory measure; or
``(B) limits any authority of a State, political
subdivision, or community water system; or
``(2) precludes a community water system, municipal or
local government, or political subdivision of a government
from locally developing and carrying out a voluntary,
incentive-based, source water quality protection partnership
to address the origins of drinking water contaminants of
public health concern.''.
(b) Sense of the Congress.--It is the sense of the Congress
that each State in establishing priorities under section
606(c)(1) of the Federal Water Pollution Control Act should
give special consideration to projects that are eligible for
funding under that Act and have been recommended pursuant to
a petition submitted under section 1454 of the Safe Drinking
Water Act.
SEC. 134. WATER CONSERVATION PLAN.
Part E (42 U.S.C. 300j et seq.) is amended by adding at the
end the following:
``WATER CONSERVATION PLAN
``Sec. 1455. (a) Guidelines.--Not later than 2 years after
the date of enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator shall publish in the
Federal Register guidelines for water conservation plans for
public water systems serving fewer than 3,300 persons, public
water systems serving between 3,300 and 10,000 persons, and
public water systems serving more than 10,000 persons, taking
into consideration such factors as water availability and
climate.
``(b) Loans or Grants.--Within 1 year after publication of
the guidelines under subsection (a), a State exercising
primary enforcement responsibility for public water systems
may require a public water system, as a condition of
receiving a loan or grant from a State loan fund under
section 1452, to submit with its application for such loan or
grant a water conservation plan consistent with such
guidelines.''.
SEC. 135. DRINKING WATER ASSISTANCE TO COLONIAS.
Part E (42 U.S.C. 300j et seq.) is amended by adding the
following new section at the end thereof:
``ASSISTANCE TO COLONIAS
``Sec. 1456. (a) Definitions.--As used in this section:
``(1) Border state.--The term `border State' means Arizona,
California, New Mexico, and Texas.
``(2) Eligible community.--The term `eligible community'
means a low-income community with economic hardship that--
``(A) is commonly referred to as a colonia;
``(B) is located along the United States-Mexico border
(generally in an unincorporated area); and
``(C) lacks a safe drinking water supply or adequate
facilities for the provision of safe drinking water for human
consumption.
``(b) Grants To Alleviate Health Risks.--The Administrator
of the Environmental Protection Agency and the heads of other
appropriate Federal agencies are authorized to award grants
to a border State to provide assistance to eligible
communities to facilitate compliance with national primary
drinking water regulations or otherwise significantly further
the health protection objectives of this title.
``(c) Use of Funds.--Each grant awarded pursuant to
subsection (b) shall be used to provide assistance to one or
more eligible communities with respect to which the residents
are subject to a significant health risk (as determined by
the Administrator or the head of the Federal agency making
the grant) attributable to the lack of access to an adequate
and affordable drinking water supply system.
``(d) Cost Sharing.--The amount of a grant awarded pursuant
to this section shall not exceed 50 percent of the costs of
carrying out the project that is the subject of the grant.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$25,000,000 for each of the fiscal years 1997 through
1999.''.
SEC. 136. ESTROGENIC SUBSTANCES SCREENING PROGRAM.
Part E (42 U.S.C. 300j et seq.) is amended by adding at the
end the following:
``ESTROGENIC SUBSTANCES SCREENING PROGRAM
``Sec. 1457. In addition to the substances referred to in
section 408(p)(3)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a(p)(3)(B)) the Administrator may provide
for testing under the screening program authorized by section
408(p) of such Act, in accordance with the provisions of
section 408(p) of such Act, of any other substance that may
be found in sources of drinking water if the Administrator
determines that a substantial population may be exposed to
such substance.''.
SEC. 137. DRINKING WATER STUDIES.
Part E (42 U.S.C. 300j et seq.) is amended by adding after
section 1457 the following:
``drinking water studies
``Sec. 1458. (a) Subpopulations at Greater Risk.--
``(1) In general.--The Administrator shall conduct a
continuing program of studies to identify groups within the
general population that may be at greater risk than the
general population of adverse health effects from exposure to
contaminants in drinking water. The study shall examine
whether and to what degree infants, children, pregnant women,
the elderly, individuals with a history of serious illness,
or other subpopulations that can be identified and
characterized are likely to experience elevated health risks,
including risks of cancer, from contaminants in drinking
water.
``(2) Report.--Not later than 4 years after the date of
enactment of this subsection and periodically thereafter as
new and significant information becomes available, the
Administrator shall report to the Congress on the results of
the studies.
``(b) Biological Mechanisms.--The Administrator shall
conduct biomedical studies to--
``(1) understand the mechanisms by which chemical
contaminants are absorbed, distributed, metabolized, and
eliminated from the human body, so as to develop more
accurate physiologically based models of the phenomena;
``(2) understand the effects of contaminants and the
mechanisms by which the contaminants cause adverse effects
(especially noncancer and infectious effects) and the
variations in the effects among humans, especially
subpopulations at greater risk of adverse effects, and
between test animals and humans; and
``(3) develop new approaches to the study of complex
mixtures, such as mixtures found in drinking water,
especially to determine the prospects for synergistic or
antagonistic interactions that may affect the shape of the
dose-response relationship of the individual chemicals and
microbes, and to examine noncancer endpoints and infectious
diseases, and susceptible individuals and subpopulations.
``(c) Studies on Harmful Substances in Drinking Water.--
``(1) Development of studies.--The Administrator shall, not
later than 180 days after the date of enactment of this
section and after consultation with the Secretary of Health
and Human Services, the Secretary of Agriculture, and, as
appropriate, the heads of other Federal agencies, conduct the
studies described in paragraph (2) to support the development
and implementation of the most current version of each of the
following:
``(A) Enhanced Surface Water Treatment Rule (59 Fed. Reg.
38832 (July 29, 1994)).
``(B) Disinfectant and Disinfection Byproducts Rule (59
Fed. Reg. 38668 (July 29, 1994)).
``(C) Ground Water Disinfection Rule (availability of draft
summary announced at (57 Fed. Reg. 33960; July 31, 1992)).
[[Page 2116]]
``(2) Contents of studies.--The studies required by
paragraph (1) shall include, at a minimum, each of the
following:
``(A) Toxicological studies and, if warranted,
epidemiological studies to determine what levels of exposure
from disinfectants and disinfection byproducts, if any, may
be associated with developmental and birth defects and other
potential toxic end points.
``(B) Toxicological studies and, if warranted,
epidemiological studies to quantify the carcinogenic
potential from exposure to disinfection byproducts resulting
from different disinfectants.
``(C) The development of dose-response curves for
pathogens, including cryptosporidium and the Norwalk virus.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$12,500,000 for each of fiscal years 1997 through 2003.
``(d) Waterborne Disease Occurrence Study.--
``(1) System.--The Director of the Centers for Disease
Control and Prevention, and the Administrator shall jointly--
``(A) within 2 years after the date of enactment of this
section, conduct pilot waterborne disease occurrence studies
for at least 5 major United States communities or public
water systems; and
``(B) within 5 years after the date of enactment of this
section, prepare a report on the findings of the pilot
studies, and a national estimate of waterborne disease
occurrence.
``(2) Training and education.--The Director and
Administrator shall jointly establish a national health care
provider training and public education campaign to inform
both the professional health care provider community and the
general public about waterborne disease and the symptoms that
may be caused by infectious agents, including microbial
contaminants. In developing such a campaign, they shall seek
comment from interested groups and individuals, including
scientists, physicians, State and local governments,
environmental groups, public water systems, and vulnerable
populations.
``(3) Funding.--There are authorized to be appropriated for
each of the fiscal years 1997 through 2001, $3,000,000 to
carry out this subsection. To the extent funds under this
subsection are not fully appropriated, the Administrator may
use not more than $2,000,000 of the funds from amounts
reserved under section 1452(n) for health effects studies for
purposes of this subsection. The Administrator may transfer a
portion of such funds to the Centers for Disease Control and
Prevention for such purposes.''.
TITLE II--DRINKING WATER RESEARCH
SEC. 201. DRINKING WATER RESEARCH AUTHORIZATION.
Other than amounts authorized to be appropriated to the
Administrator of the Environmental Protection Agency under
other titles of this Act, there are authorized to be
appropriated such additional sums as may be necessary for
drinking water research for fiscal years 1997 through 2003.
The annual total of such additional sums authorized to be
appropriated under this section shall not exceed $26,593,000.
SEC. 202. SCIENTIFIC RESEARCH REVIEW.
(a) In General.--The Administrator shall--
(1) develop a strategic plan for drinking water research
activities throughout the Environmental Protection Agency (in
this section referred to as the ``Agency'');
(2) integrate that strategic plan into ongoing Agency
planning activities; and
(3) review all Agency drinking water research to ensure the
research--
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. WATER RETURN FLOWS.
Section 3013 of Public Law 102-486 (42 U.S.C. 13551) is
repealed.
SEC. 302. TRANSFER OF FUNDS.
(a) In General.--Notwithstanding any other provision of
law, at any time after the date 1 year after a State
establishes a State loan fund pursuant to section 1452 of the
Safe Drinking Water Act but prior to fiscal year 2002, a
Governor of the State may--
(1) reserve up to 33 percent of a capitalization grant made
pursuant to such section 1452 and add the funds reserved to
any funds provided to the State pursuant to section 601 of
the Federal Water Pollution Control Act (33 U.S.C. 1381); and
(2) reserve in any year a dollar amount up to the dollar
amount that may be reserved under paragraph (1) for that year
from capitalization grants made pursuant to section 601 of
such Act (33 U.S.C. 1381) and add the reserved funds to any
funds provided to the State pursuant to section 1452 of the
Safe Drinking Water Act.
(b) Report.--Not later than 4 years after the date of
enactment of this Act, the Administrator shall submit a
report to the Congress regarding the implementation of this
section, together with the Administrator's recommendations,
if any, for modifications or improvement.
(c) State Match.--Funds reserved pursuant to this section
shall not be considered to be a State match of a
capitalization grant required pursuant to section 1452 of the
Safe Drinking Water Act or the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
SEC. 303. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND
NATIVE VILLAGES.
(a) In General.--The Administrator of the Environmental
Protection Agency may make grants to the State of Alaska for
the benefit of rural and Native villages in Alaska to pay the
Federal share of the cost of--
(1) the development and construction of public water
systems and wastewater systems to improve the health and
sanitation conditions in the villages; and
(2) training, technical assistance, and educational
programs relating to the operation and management of
sanitation services in rural and Native villages.
(b) Federal Share.--The Federal share of the cost of the
activities described in subsection (a) shall be 50 percent.
(c) Administrative Expenses.--The State of Alaska may use
an amount not to exceed 4 percent of any grant made available
under this subsection for administrative expenses necessary
to carry out the activities described in subsection (a).
(d) Consultation With the State of Alaska.--The
Administrator shall consult with the State of Alaska on a
method of prioritizing the allocation of grants under
subsection (a) according to the needs of, and relative health
and sanitation conditions in, each eligible village.
(e) Authorization of Appropriations.--There are authorized
to be appropriated $15,000,000 for each of the fiscal years
1997 through 2000 to carry out this section.
SEC. 304. SENSE OF THE CONGRESS.
It is the sense of the Congress that appropriations for
grants under section 130 (relating to New York City
watershed), section 137 (relating to colonias), and section
303 (relating to Alaska Native villages) should not be
provided if such appropriations would prevent the adequate
capitalization of State revolving loan funds.
SEC. 305. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 349) is amended as follows:
(1) By striking ``Whenever'' and inserting ``(a) Except as
provided in subsection (b), whenever''.
(2) By adding at the end the following new subsection:
``(b)(1) Not later than 180 days before the effective date
of a national primary drinking water regulation promulgated
by the Administrator of the Environmental Protection Agency
for a contaminant under section 1412 of the Safe Drinking
Water Act (42 U.S.C. 300g-1), the Secretary shall promulgate
a standard of quality regulation under this subsection for
that contaminant in bottled water or make a finding that such
a regulation is not necessary to protect the public health
because the contaminant is contained in water in public water
systems (as defined under section 1401(4) of such Act (42
U.S.C. 300f(4))) but not in water used for bottled drinking
water. The effective date for any such standard of quality
regulation shall be the same as the effective date for such
national primary drinking water regulation, except for any
standard of quality of regulation promulgated by the
Secretary before the date of enactment of the Safe Drinking
Water Act Amendments of 1996 for which (as of such date of
enactment) an effective date had not been established. In the
case of a standard of quality regulation to which such
exception applies, the Secretary shall promulgate monitoring
requirements for the contaminants covered by the regulation
not later than 2 years after such date of enactment.
``(2) A regulation issued by the Secretary as provided in
this subsection shall include any monitoring requirements
that the Secretary determines appropriate for bottled water.
``(3) A regulation issued by the Secretary as provided in
this subsection shall require the following:
``(A) In the case of contaminants for which a maximum
contaminant level is established in a national primary
drinking water regulation under section 1412 of the Safe
Drinking Water Act (42 U.S.C. 300g-1), the regulation under
this subsection shall establish a maximum contaminant level
for the contaminant in bottled water which is no less
stringent than the maximum contaminant level provided in the
national primary drinking water regulation.
``(B) In the case of contaminants for which a treatment
technique is established in a national primary drinking water
regulation under section 1412 of the Safe Drinking Water Act
(42 U.S.C. 300g-1), the regulation under this subsection
shall require that bottled water be subject to requirements
no less protective of the public health than those applicable
to water provided by public water systems using the treatment
technique required by the national primary drinking water
regulation.
``(4)(A) If the Secretary does not promulgate a regulation
under this subsection within the period described in
paragraph (1), the national primary drinking water regulation
referred to in paragraph (1) shall be considered, as of the
date on which the Secretary is required to establish a
regulation under paragraph (1), as the regulation applicable
under this subsection to bottled water.
``(B) In the case of a national primary drinking water
regulation that pursuant to subparagraph (A) is considered to
be a standard of quality regulation, the Secretary shall, not
later than the applicable date referred to in such
subparagraph, publish in the Federal Register a notice--
``(i) specifying the contents of such regulation, including
monitoring requirements; and
``(ii) providing that for purposes of this paragraph the
effective date for such regulation is the same as the
effective date for the
[[Page 2117]]
regulation for purposes of the Safe Drinking Water Act (or,
if the exception under paragraph (1) applies to the
regulation, that the effective date for the regulation is not
later than 2 years and 180 days after the date of enactment
of the Safe Drinking Water Act Amendments of 1996).''.
SEC. 306. WASHINGTON AQUEDUCT.
(a) Definitions.--In this section:
(1) Non-federal public water supply customer.--The terms
``non-Federal public water supply customer'' and ``customer''
mean--
(A) the District of Columbia;
(B) Arlington County, Virginia; and
(C) the city of Falls Church, Virginia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(3) Value to the government.--The term ``value to the
Government'' means the net present value of a contract
entered into under subsection (e)(2), calculated in
accordance with subparagraphs (A) and (B) of section 502(5)
of the Congressional Budget Act of 1974 (2 U.S.C. 66la(5)),
other than section 502(5)(B)(I) of the Act, as though the
contract provided for repayment of a direct loan to a
customer.
(4) Washington aqueduct.--The term ``Washington Aqueduct''
means the Washington Aqueduct facilities and related
facilities owned by the Federal Government as of the date of
enactment of this Act, including--
(A) the dams, intake works, conduits, and pump stations
that capture and transport raw water from the Potomac River
to the Dalecarlia Reservoir;
(B) the infrastructure and appurtenances used to treat
water taken from the Potomac River to potable standards; and
(C) related water distribution facilities.
(b) Regional Entity.--
(1) In general.--The Congress encourages and grants consent
to the customers to establish a non-Federal public or private
entity, or to enter into an agreement with an existing non-
Federal public or private entity, to--
(A) receive title to the Washington Aqueduct; and
(B) operate, maintain, and manage the Washington Aqueduct
in a manner that adequately represents all interests of its
customers.
(2) Consideration.--If an entity receiving title to the
Washington Aqueduct is not composed entirely of non-Federal
public water supply customers, the entity shall consider the
customers' historical provision of equity for the Aqueduct.
(3) Priority access.--The customers shall have priority
access to any water produced by the Washington Aqueduct.
(4) Consent of the congress.--The Congress grants consent
to the customers to enter into any interstate agreement or
compact required to carry out this section.
(5) Statutory construction.--This section shall not
preclude the customers from pursuing any option regarding
ownership, operation, maintenance, and management of the
Washington Aqueduct.
(c) Progress Report and Plan.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall report
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on any progress in achieving
the objectives of subsection (b)(1) and shall submit a plan
for the transfer of ownership, operation, maintenance, and
management of the Washington Aqueduct to a non-Federal public
or private entity. Such plan shall include a detailed
consideration of any proposal to transfer such ownership,
maintenance, or management to a private entity.
(d) Transfer.--
(1) In general.--Subject to subsection (b)(2), the other
provisions of this subsection, and any other terms and
conditions the Secretary considers appropriate to protect the
interests of the United States, the Secretary shall, not
later than 3 years after the date of enactment of this Act
and with the consent of a majority of the customers and
without consideration to the Federal Government, transfer all
right, title, and interest of the United States in the
Washington Aqueduct, and its real property, facilities, and
personalty, to a non-Federal, public or private entity.
Approval of such transfer shall not be unreasonably withheld
by the Secretary.
(2) Adequate capabilities.--The Secretary shall transfer
ownership of the Washington Aqueduct under paragraph (1) only
if the Secretary determines, after opportunity for public
input, that the entity to receive ownership of the Aqueduct
has the technical, managerial, and financial capability to
operate, maintain, and manage the Aqueduct.
(3) Responsibilities.--The Secretary shall not transfer
title under this subsection unless the entity to receive
title assumes full responsibility for performing and
financing the operation, maintenance, repair, replacement,
rehabilitation, and necessary capital improvements of the
Washington Aqueduct so as to ensure the continued operation
of the Washington Aqueduct consistent with the Aqueduct's
intended purpose of providing an uninterrupted supply of
potable water sufficient to meet the current and future needs
of the Aqueduct's service area.
(e) Borrowing Authority.--
(1) Borrowing.--
(A) In general.--Subject to the other provisions of this
paragraph and paragraph (2), the Secretary is authorized to
borrow from the Treasury of the United States such amounts
for fiscal years 1997, 1998, and 1999 as are sufficient to
cover any obligations that the Army Corps of Engineers is
required to incur in carrying out capital improvements during
fiscal years 1997, 1998, and 1999 for the Washington Aqueduct
to ensure continued operation of the Aqueduct until such time
as a transfer of title to the Aqueduct has taken place.
(E) Limitation.--The amount borrowed by the Secretary under
subparagraph (A) may not exceed $29,000,000 for fiscal year
1997, $24,000,000 for fiscal year 1998, and $22,000,000 for
fiscal year 1999.
(C) Agreement.--Amounts borrowed under subparagraph (A) may
only be used for capital improvements agreed to by the Army
Corps of Engineers and the customers.
(D) Terms of borrowing.--
(i) In general.--The Secretary of the Treasury shall
provide the funds borrowed under subparagraph (A) under such
terms and conditions as the Secretary of Treasury determines
to be necessary and in the public interest and subject to the
contracts required under paragraph (2).
(ii) Term.--The term of any loan made under subparagraph
(A) shall be for a period of not less than 20 years.
(iii) Prepayment.--There shall be no penalty for the
prepayment of any amounts borrowed under subparagraph (A).
(2) Contracts with customers.--
(A) In general.--The borrowing authority under paragraph
(1)(A) shall be effective only after the Chief of Engineers
has entered into contracts with each customer under which the
customer commits to repay a pro rata share (based on water
purchase) of the principal and interest owed by the Secretary
to the Secretary of the Treasury under paragraph (1).
(B) Prepayment.--Any customer may repay, at any time, the
pro rata share of the principal and interest then owed by the
customer and outstanding, or any portion thereof, without
penalty.
(C) Risk of default.--Under each of the contracts, the
customer that enters into the contract shall commit to pay
any additional amount necessary to fully offset the risk of
default on the contract.
(D) Obligations.--Each contract under subparagraph (A)
shall include such terms and conditions as the Secretary of
the Treasury may require so that the value to the Government
of the contracts entered into under subparagraph (A) is
estimated to be equal to the obligations of the Army Corps of
Engineers for carrying out capital improvements at the
Washington Aqueduct at the time that each series of contracts
is entered into.
(E) Other conditions.--Each contract entered into under
subparagraph (A) shall--
(i) provide that the customer pledges future income only
from fees assessed for principal and interest payments
required by such contracts and costs to operate and maintain
the Washington Aqueduct;
(ii) provide the United States priority in regard to income
from fees assessed to operate and maintain the Washington
Aqueduct; and
(iii) include other conditions consistent with this section
that the Secretary of the Treasury determines to be
appropriate.
(3) Limitations.--
(A) Borrowing authority.--The Secretary's borrowing
authority for making capital improvements at the Washington
Aqueduct under paragraph (1) shall not extend beyond fiscal
year 1999.
(B) Obligation authority.--Upon expiration of the borrowing
authority exercised under paragraph (1), the Secretary shall
not obligate funds for making capital improvements at the
Washington Aqueduct except funds which are provided in
advance by the customers. This limitation does not affect the
Secretary's authority to conduct normal operation and
maintenance activities, including minor repair and
replacement work.
(4) Impact on improvement program.--Not later than 180 days
after the date of enactment of this Act, the Secretary, in
consultation with other Federal agencies, shall transmit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that assesses the impact of
the borrowing authority provided under this subsection on the
near-term improvement projects in the Washington Aqueduct
Improvement Program, work scheduled, and the financial
liability to be incurred.
(f) Reissuance of NPDES Permit.--Prior to reissuing a
National Pollutant Discharge Elimination System (NPDES)
permit for the Washington Aqueduct, the Administrator of the
Environmental Protection Agency shall consult with the
customers and the Secretary regarding opportunities for more
efficient water facility configurations that might be
achieved through various possible transfers of the Washington
Aqueduct. Such consultation shall include specific
consideration of concerns regarding a proposed solids
recovery facility, and may include a public hearing.
SEC. 307. WASTEWATER ASSISTANCE TO COLONIAS.
(a) Definitions.--As used in this section:
(1) Border state.--The term ``border State'' means Arizona,
California, New Mexico, and Texas.
(2) Eligible community.--The term ``eligible community''
means a low-income community with economic hardship that--
(A) is commonly referred to as a colonia;
[[Page 2118]]
(B) is located along the United States-Mexico border
(generally in an unincorporated area); and
(C) lacks basic sanitation facilities such as household
plumbing or a proper sewage disposal system.
(3) Treatment works.--The term ``treatment works'' has the
meaning provided in section 212(2) of the Federal Water
Pollution Control Act (33 U.S.C. 1292(2)).
(b) Grants for Wastewater Assistance.--The Administrator of
the Environmental Protection Agency and the heads of other
appropriate Federal agencies are authorized to award grants
to a border State to provide assistance to eligible
communities for the planning, design, and construction or
improvement of sewers, treatment works, and appropriate
connections for wastewater treatment.
(c) Use of Funds.--Each grant awarded pursuant to
subsection (b) shall be used to provide assistance to one or
more eligible communities with respect to which the residents
are subject to a significant health risk (as determined by
the Administrator or the head of the Federal agency making
the grant) attributable to the lack of access to an adequate
and affordable treatment works for wastewater.
(d) Cost Sharing.--The amount of a grant awarded pursuant
to this section shall not exceed 50 percent of the costs of
carrying out the project that is the subject of the grant.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $25,000,000 for
each of the fiscal years 1997 through 1999.
SEC. 308. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION
OF LAKE CHAMPLAIN.
(a) Findings.--Section 1002(a) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4701(a)) is amended as follows:
(1) By striking ``and'' at the end of paragraph (3).
(2) By striking the period at the end of paragraph (4) and
inserting ``; and''.
(3) By adding at the end the following new paragraph;
``(5) the zebra mussel was discovered on Lake Champlain
during 1993 and the opportunity exists to act quickly to
establish zebra mussel controls before Lake Champlain is
further infested and management costs escalate.''.
(b) Ex Officio Members of Aquatic Nuisance Species Task
Force.--Section 1201(c) of such Act (16 U.S.C. 4721(c)) is
amended by inserting ``, the Lake Champlain Basin Program,''
after ``Great Lakes Commission''.
TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS
SEC. 401. NATIONAL PROGRAM.
(a) Technical and Financial Assistance.--The Administrator
of the Environmental Protection Agency may provide technical
and financial assistance in the form of grants to States (1)
for the construction, rehabilitation, and improvement of
water supply systems, and (2) consistent with nonpoint source
management programs established under section 319 of the
Federal Water Pollution Control Act, for source water quality
protection programs to address pollutants in navigable waters
for the purpose of making such waters usable by water supply
systems.
(b) Limitation.--Not more than 30 percent of the amounts
appropriated to carry out this section in a fiscal year may
be used for source water quality protection programs
described in subsection (a)(2).
(c) Condition.--As a condition to receiving assistance
under this section, a State shall ensure that such assistance
is carried out in the most cost-effective manner, as
determined by the State.
(d) Authorization of Appropriations.--
(1) Unconditional authorization.--There are authorized to
be appropriated to carry out this section $25,000,000 for
each of fiscal years 1997 through 2003. Such sums shall
remain available until expended.
(2) Conditional authorization.--In addition to amounts
authorized under paragraph (1), there are authorized to be
appropriated to carry out this title $25,000,000 for each of
fiscal years 1997 through 2003, provided that such
authorization shall be in effect for a fiscal year only if at
least 75 percent of the total amount of funds authorized to
be appropriated for such fiscal year by section 1452(m) of
the Safe Drinking Water Act are appropriated.
(e) Acquisition of Lands.--Assistance provided with funds
made available under this title may be used for the
acquisition of lands and other interests in lands; however,
nothing in this title authorizes the acquisition of lands or
other interests in lands from other than willing sellers.
(f) Federal Share.--The Federal share of the cost of
activities for which grants are made under this title shall
be 50 percent.
(g) Definitions.--In this section, the following
definitions apply:
(1) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(2) Water supply system.--The term ``water supply system''
means a system for the provision to the public of piped water
for human consumption if such system has at least 15 service
connections or regularly serves at least 25 individuals and a
draw and fill system for the provision to the public of water
for human consumption. Such term does not include a system
owned by a Federal agency. Such term includes (A) any
collection, treatment, storage, and distribution facilities
under control of the operator of such system and used
primarily in connection with such system, and (B) any
collection or pretreatment facilities not under such control
that are used primarily in connection with such system.
TITLE V--CLERICAL AMENDMENTS
SEC. 501. CLERICAL AMENDMENTS.
(a) Part B.--Part B (42 U.S.C. 300g et seq.) is amended as
follows:
(1) In section 1412(b), move the margins of paragraph (11)
2 ems to the right.
(2) In section 1412(b)(8), strike ``1442(g)'' and insert
``1442(e)''.
(3) In section 1415(a)(1)(A), insert ``the'' before ``time
the variance is granted''.
(b) Part C.--Part C (42 U.S.C. 300h et seq.) is amended as
follows:
(1) In section 1421(b)(3)(B)(i), strike ``number or
States'' and inserting ``number of States''.
(2) In section 1427(k), strike ``this subsection'' and
inserting ``this section''.
(c) Part E.--Section 1441(f) (42 U.S.C. 300j(f)) is amended
by inserting a period at the end.
(d) Section 1465(b).--Section 1465(b) (42 U.S.C. 300j-
25(b)) is amended by striking ``as by'' and inserting ``by''.
(e) Short Title.--Section 1 of Public Law 93-523 (88 Stat.
1600) is amended by inserting ``of 1974'' after ``Act'' the
second place it appears and title XIV of the Public Health
Service Act is amended by inserting the following immediately
before part A:
``SHORT TITLE
``Sec. 1400. This title may be cited as the `Safe Drinking
Water Act'.''.
(f) Technical Amendments to Section Headings.--
(1) The section heading and subsection designation of
subsection (a) of section 1417 (42 U.S.C. 300g-6) are amended
to read as follows:
``PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX
``Sec. 1417. (a)''.
(2) The section heading and subsection designation of
subsection (a) of section 1426 (42 U.S.C. 300h-5) are amended
to read as follows:
``REGULATION OF STATE PROGRAMS
``Sec. 1426. (a)''.
(3) The section heading and subsection designation of
subsection (a) of section 1427 (42 U.S.C. 300h-6) are amended
to read as follows:
``SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM
``Sec. 1427. (a)''.
(4) The section heading and subsection designation of
subsection (a) of section 1428 (42 U.S.C. 300h-7) are amended
to read as follows:
``STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS
``Sec. 1428. (a)''.
(5) The section heading and subsection designation of
subsection (a) of section 1432 (42 U.S.C. 300i-1) are amended
to read as follows:
``TAMPERING WITH PUBLIC WATER SYSTEMS
``Sec. 1432. (a)''.
(6) The section heading and subsection designation of
subsection (a) of section 1451 (42 U.S.C. 300j-11) are
amended to read as follows:
``INDIAN TRIBES
``Sec. 1451. (a)''.
(7) The section heading and first word of section 1461 (42
U.S.C. 300j-21) are amended to read as follows:
``DEFINITIONS
``Sec. 1461. As''.
(8) The section heading and first word of section 1462 (42
U.S.C. 300j-22) are amended to read as follows:
``RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS
``Sec. 1462. For''.
(9) The section heading and subsection designation of
subsection (a) of section 1463 (42 U.S.C. 300j-23) are
amended to read as follows:
``DRINKING WATER COOLERS CONTAINING LEAD
``Sec. 1463. (a)''.
(10) The section heading and subsection designation of
subsection (a) of section 1464 (42 U.S.C. 300j-24) are
amended to read as follows:
``LEAD CONTAMINATION IN SCHOOL DRINKING WATER
``Sec. 1464. (a)''.
(11) The section heading and subsection designation of
subsection (a) of section 1465 (42 U.S.C. 300j-25) are
amended to read as follows:
``FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD CONTAMINATION IN
SCHOOL DRINKING WATER
``Sec. 1465. (a)''.
And the House agree to the same.
From the Committee on Commerce, for consideration of the
Senate bill (except for secs. 28(a) and 28(e)) and the House
amendment (except for title V), and modifications committed
to conference:
Tom Bliley,
Mike Bilirakis,
Mike Crapo,
Brian P. Bilbray,
From the Committee on Commerce, for consideration of secs.
28(a) and 28(e) of the Senate bill, and modifications
committed to conference:
[[Page 2119]]
Tom Bliley,
Mike Bilirakis,
As additional conferees from the Committee on Science, for
the consideration of that portion of section 3 that adds a
new sec. 1478 and secs. 23, 25(f), and 28(f) of the Senate
bill, and that portion of sec. 308 that adds a new sec.
1452(n) and sec. 402 and title VI of the House amendment, and
modifications committed to conference:
Robert S. Walker,
Dana Rohrabacher,
Tim Roemer,
As additional conferees from the Committee on Transportation
and Infrastructure, for the consideration of that portion of
sec. 3 that adds a new sec. 1471(c) and secs. 9, 17, 22(d),
25(a), 25(g), 28(a), 28(e), 28(h), and 28(i) of the Senate
bill, and title V of the House amendment and modifications
committed to conference:
Bud Shuster,
Sherwood Boehlert,
Zach Wamp,
Robert A. Borski,
Robert Menendez,
Provided, Mr. Blute is appointed in lieu of Mr. Wamp for
consideration of title V of the House amendment:
Peter Blute,
Managers on the Part of the House.
John H. Chafee,
Dirk Kempthorne,
Craig Thomas,
John Warner,
Max Baucus,
Harry Reid,
Frank Lautenberg,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. BLILEY, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. TAYLOR of North Carolina, announced that
the yeas had it.
Mr. DINGELL objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
392
When there appeared
<3-line {>
Nays
30
para.100.10 [Roll No. 399]
YEAS--392
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Coble
Coburn
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Diaz-Balart
Dicks
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Yates
Young (AK)
Zeliff
Zimmer
NAYS--30
Abercrombie
Beilenson
Berman
Clyburn
Coleman
Collins (MI)
Dellums
Deutsch
Dingell
Dixon
Eshoo
Evans
Hastings (FL)
Hilliard
Jefferson
Johnson, E. B.
Klink
Lewis (GA)
Markey
McDermott
McKinney
Meek
Miller (CA)
Payne (NJ)
Pelosi
Stupak
Velazquez
Waters
Waxman
Wynn
NOT VOTING--11
Bishop
Brownback
Chenoweth
Conyers
Dickey
Ford
Kaptur
Lincoln
McDade
Schumer
Young (FL)
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.100.11 providing for the consideration of a certain motion to
suspend the rules
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 508):
Resolved, That it shall be in order at any time on the
calendar day of Friday, August 2, 1996, for the Speaker to
entertain a motion offered by the majority leader or his
designee that the House suspend the rules and pass a bill or
joint resolution relating to the subject of combating
terrorism.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. RADANOVICH, announced that the yeas had
it.
Mr. FORBES objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
228
When there appeared
<3-line {>
Nays
189
para.100.12 [Roll No. 400]
YEAS--228
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Bryant (TN)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
[[Page 2120]]
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Diaz-Balart
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Farr
Fields (TX)
Flanagan
Foley
Fowler
Fox
Franks (CT)
Frelinghuysen
Frost
Funderburk
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Klug
Knollenberg
Kolbe
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Saxton
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NAYS--189
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bartlett
Becerra
Beilenson
Bentsen
Berman
Bevill
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Dicks
Dingell
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Frank (MA)
Franks (NJ)
Frisa
Furse
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
LaFalce
LaHood
Lantos
Lazio
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Scarborough
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--16
Bishop
Brownback
Bunning
Deutsch
Dickey
Ford
Lincoln
McDade
Meehan
Meek
Morella
Quillen
Schiff
Torkildsen
Waxman
Young (FL)
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.100.13 anti-terrorism
Mr. COX, pursuant to House Resolution 508, moved to suspend the rules
and pass the bill (H.R. 3953) to combat terrorism.
The SPEAKER pro tempore, Mr. HASTERT, recognized Mr. COX and Mr.
CONYERS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. HASTERT, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. COX demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
389
<3-line {>
affirmative
Nays
22
para.100.14 [Roll No. 401]
AYES--389
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Upton
[[Page 2121]]
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Zeliff
Zimmer
NOES--22
Allard
Bonilla
Bono
Coburn
Cooley
Costello
Ehlers
Hefley
Hoekstra
Hostettler
Klink
LaHood
Mollohan
Murtha
Myers
Radanovich
Sanford
Scarborough
Souder
Stockman
Tiahrt
Young (AK)
NOT VOTING--22
Beilenson
Bishop
Blumenauer
Brownback
Bunning
Clinger
Condit
DeFazio
Deutsch
Dickey
Ford
Gunderson
Lincoln
McCrery
McDade
Meehan
Meek
Morella
Quillen
Stenholm
Torkildsen
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.100.15 clerk to correct engrossment
On motion of Mr. COX, by unanimous consent,
Ordered, That in the engrossment of the foregoing bill the Clerk be
authorized to correct section numbers, cross references, and
punctuation, and to make such stylistic, clerical, technical,
conforming, and other changes as may be necessary.
para.100.16 committee election--majority
Mr. ARMEY, by unanimous consent, submitted the following resolution
(H. Res. 509):
Resolved, That the following named Member be, and he is
hereby, elected to the following standing committee of the
House of Representatives:
Committee on Agriculture: Mr. Funderburk of North Carolina.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.100.17 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
September 4, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.100.18 speaker and minority leader to accept resignations, appoint
commissions
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That, notwithstanding any adjournment of the House until
Wednesday, September 4, 1996, the Speaker and the Minority Leader be
authorized to accept resignations and to make appointments duly
authorized by law or by the House.
para.100.19 designations of speaker pro tempore to sign enrollments
The SPEAKER pro tempore, Mr. HASTERT, laid before the House a
communication, which was read as follows:
Washington, DC,
August 2, 1996.
I hereby designate the Honorable Frank R. Wolf, or, if not
available to perform this duty, the Honorable Constance A.
Morella to act as Speaker pro tempore to sign enrolled bills
and joint resolutions through Wednesday, September 4, 1996.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designations were accepted.
para.100.20 enrollment correction--h.r. 3103
Mr. THOMAS submitted the following concurrent resolution (H. Con. Res.
208):
Resolved by the House of Representatives (the Senate
concurring), That, in the enrollment of the bill (H.R. 3103),
to amend the Internal Revenue Code of 1986 to improve
portability and continuity of health insurance coverage in
the group and individual markets, to combat waste, fraud, and
abuse in health insurance and health care delivery, to
promote the use of medical savings accounts, to improve
access to long-term care services and coverage, to simplify
the administration of health insurance, and for other
purposes, the Clerk of the House of Representatives shall
make the following correction:
Strike subtitle H of title II of the bill and the items
corresponding to such subtitle in the table of contents of
the bill in section 1(b).
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.100.21 house administrative reforms
On motion of Mr. THOMAS, by unanimous consent, the bill (H.R. 2739) to
provide for a representational allowance for Members of the House of
Representatives, to make technical and conforming of administrative
reforms in the House of Representatives, and for other purposes;
together with the following amendments of the Senate thereto, was taken
from the Speaker's table:
Page 2, in the table of contents, strike out: ``Sec. 107.
Cafeteria plan provision.''
Page 2, in the table of contents, strike out ``108'' and
insert ``107''.
Page 2, in the table of contents, strike out ``109'' and
insert ``108''.
Page 14, strike out lines 1 through 23.
Page 15, line 1, strike out ``108'' and insert ``107''.
Page 16, line 1, strike out ``109'' and insert ``108''.
On motion of Mr. THOMAS, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.100.22 congressional accountability act
On motion of Mr. THOMAS, by unanimous consent, the Committee on House
Oversight and the Committee on Economic and Educational Opportunities
were discharged from further consideration of the following resolution
(H. Res. 504):
Resolved,
SECTION 1. APPROVAL OF REGULATIONS.
(a) In General.--The regulations described in subsection
(b) are hereby approved insofar as such regulations apply to
employing offices and covered employees of the House of
Representatives under the Congressional Accountability Act of
1995 and to the extent such regulations are consistent with
the provisions of such Act.
(b) Regilations Approved.--The regulations referred to in
subsection (a) are the regulations issued by the Office of
Compliance on July 9, 1996, under section 220(d) of the
Congressional Accountability Act of 1995 to implement section
220 of such Act (relating to the application of chapter 71 of
title 5, United States code), as published in the
Congressional Record on July 11, 1996 (Volume 142, daily
edition), beginning on page H7454.
SEC. 2. ADOPTION OF REGULATIONS RELATING TO HEARING OFFICERS.
The Board of Directors of the Office of Compliance shall
adopt regulations (in accordance with section 304 of the
Congressional Accountability Act of 1995) to implement the
requirement that the Board refer any mater under section
200(c)(1) of such Act which relates to employing offices and
covered employees of the House of Representatives to a
hearing officer.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.100.23 congressional accountability act
On motion of Mr. THOMAS, by unanimous consent, the Committee on House
Oversight and the Committee on Economic and Educational Opportunities
were discharged from further consideration of the following concurrent
resolution (H. Con. Res. 207):
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. APPROVAL OF REGULATIONS.
(a) In General.--The regulations described in subsection
(b) are hereby approved, insofar as such regulations apply to
covered employees under the Congressional Accountability Act
of 1995 (other than employees of the House of Representatives
and employees of the Senate) and to the extent such
regulations are consistent with the provisions of such Act.
(b) Regulations Approved.--The regulations referred to in
subsection (a) are the regulations issued by the Office of
Compliance on July 9, 1996, under section 220(d) of
[[Page 2122]]
the Congressional Accountability Act of 1995 to implement
section 220 of such Act (relating to the application of
chapter 71 of title 5, United States Code), as published in
the Congressional Record on July 11, 1996 (Volume 142, daily
edition), beginning on page H7454.
SEC. 2. ADOPTION OF REGULATIONS RELATING TO HEARING OFFICERS.
The Board of Directors of the Office of Compliance shall
adopt regulations (in accordance with section 304 of the
Congressional Accountability Act of 1995) to implement the
requirement that the Board refer any matter under section
220(c)(1) of such Act which relates to covered employees
(other than employees of the House of Representatives and
employees of the Senate) to a hearing officer.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.100.24 inaugural committee
On motion of Mr. THOMAS, by unanimous consent, the following
concurrent resolution of the Senate was taken from the Speaker's table
(S. Con. Res. 47):
Resolved by the Senate (the House of Representatives
concurring), That a Joint Congressional Committee on
Inaugural Ceremonies consisting of 3 Senators and 3
Representatives, to be appointed by the President of the
Senate and the Speaker of the House of Representatives,
respectively, is authorized to make the necessary
arrangements for the inauguration of the President-elect and
Vice President-elect of the United States on the 20th day of
January 1997.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.100.25 inaugural ceremonies in rotunda
On motion of Mr. THOMAS, by unanimous consent, the following
concurrent resolution of the Senate was taken from the Speaker's table
(S. Con. Res. 48):
Resolved by the Senate (the House of Representatives
concurring), That (a) the rotunda of the United States
Capitol is hereby authorized to be used on January 20, 1997,
by the Joint Congressional Committee on Inaugural Ceremonies
(the Joint Committee) in connection with the proceedings and
ceremonies conducted for the inauguration of the President-
elect and the Vice-President-elect of the United States.
(b) The Joint Committee is authorized to utilize
appropriate equipment and the service of appropriate
personnel of departments and agencies of the Federal
Government, under arrangements between such Committee and the
heads of such departments and agencies, in connection with
such proceedings and ceremonies. The Joint Committee may
accept gifts and donations of goods and services to carry out
its responsibilities.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.100.26 ronald h. brown federal building
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the bill (H.R. 3560) to designate the Federal building
located at 290 Broadway in New York, New York, as the ``Ronald H. Brown
Federal Building''.
When said bill was considered and read twice.
Mr. GILCHREST submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. DESIGNATION.
The Federal building located at 290 Broadway in New York,
New York, shall be known and designated as the ``Ronald H.
Brown Federal Building''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the Federal building
referred to in section 1 shall be deemed to be a reference to
the ``Ronald H. Brown Federal Building''.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill, as amended, was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.100.27 sam m. gibbons u.s. courthouse
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the bill (H.R. 3710) to designate a United States
courthouse located in Tampa, Florida, as the ``Sam M. Gibbons United
States Courthouse''.
When said bill was considered and read twice.
Mr. GILCHREST submitted the following amendment in the nature of a
substitute which was agreed to:
Strike all after the enacting clause and insert the
following:
SECTION 1. DESIGNATION.
The United States courthouse under construction at 611
North Florida Avenue in Tampa, Florida, shall be known and
designated as the ``Sam M. Gibbons United States
Courthouse''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in section 1 shall be deemed to be a
reference to the ``Sam M. Gibbons United States Courthouse''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in section 1 shall be deemed to be a
reference to the ``Sam M. Gibbons United States Courthouse''.
SEC. 3. EFFECTIVE DATE.
This Act shall become effective on January 3, 1997.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the United States courthouse under construction at 611 North
Florida Avenue in Tampa, Florida, as the `Sam M. Gibbons United States
Courthouse'.''.
A motion to reconsider the votes whereby the bill, as amended, was
passed and the title was amended was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.100.28 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon by the Speaker:
H.R. 3603. An Act making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
1997, and for other purposes.
para.100.29 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill and a joint resolution of the House of the following titles:
H.R. 3215. An Act to amend title 18, United States Code, to
repeal the provision relating to Federal employees
contracting or trading with Indians.
H.J. Res. 166. Joint resolution granting the consent of
Congress to the Mutual Aid Agreement between the city of
Bristol, Virginia, and the city of Bristol, Tennessee.
para.100.30 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BUNNING, for today after 2:00 p.m.;
To Mrs. MEEK, for today after 1:30 p.m.;
To Mrs. MORELLA, for for today after 2:00 p.m.; and
To Mr. BISHOP, for today.
And then,
para.100.31 adjournment
On motion of Mr. DORNAN, pursuant to the provisions of House
Concurrent Resolution 203, at 7 o'clock and 5 minutes p.m., the House
adjourned until 12 o'clock noon on Wednesday, September 4, 1996.
para.100.32 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLINGER: Committee on Government Reform and Oversight.
Laws Related to Fed
[[Page 2123]]
eral Financial Management (Rept. No. 104-745). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Protecting the Nation's Blood Supply from Infectious Agents:
The Need for New Standards to Meet New Threats (Rept. No.
104-746). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Health Care Fraud: All Public and Private Payers Need Federal
Criminal Anti-Fraud Protections (Rept. No. 104-747). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
A 2-year review of the White House Communications Agency
reveals major mismanagement, lack of accountability, and
significant mission creep (Rept. No. 104-748). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Investigation into the activities of Federal law enforcement
agencies toward the Branch Davidians (Rept. No. 104-749).
Referred to the Committee of the Whole House on the State of
the Union.
Mrs. MEYERS: Committee on Small Business. H.R. 3719. A bill
to amend the Small Business Act and the Small Business
Investment Act of 1958; with an amendment (Rept. No. 104-
750). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3056. A bill to
permit a county-operated health insuring organization to
qualify as an organization exempt from certain requirements
otherwise applicable to health insuring organizations under
the Medicaid Program notwithstanding that the organization
enrolls Medicaid beneficiaries residing in another county
(Rept. No. 104-751). Referred to the Committee of the Whole
House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3871. A bill to
waive temporarily the Medicaid enrollment composition rule
for certain health maintenance organizations (Rept. No. 104-
752). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 447. A bill to
establish a toll free number in the Department of Commerce to
assist consumers in determining if products are American-
made; with an amendment (Rept. No. 104-753). Referred to the
Committee of the Whole House on the State of the Union.
para.100.33 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LONGLEY:
H.R. 3950. A bill to amend title 38, United States Code, to
reorganize the veterans health system; to improve access to,
and the quality and efficiency of, care provided to the
Nation's veterans; to operate the veterans health system
based on the principles of managed care, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. WALKER (for himself, Mr. Brown of California,
Mr. Sensenbrenner, Mr. Boehlert, Mrs. Morella, Mr.
Weldon of Pennsylvania, Mr. Rohrabacher, Mr. Schiff,
Mr. Barton of Texas, Mr. Calvert, Mr. Baker of
California, Mr. Bartlett of Maryland, Mr. Ehlers, Mr.
Stockman, Mr. Gutknecht, Mr. Largent, Mrs. Seastrand,
Mr. Cramer, Ms. Lofgren, Mr. McHale, and Mr. Gordon):
H.R. 3952. A bill to clarify that certain components of
certain scientific instruments and apparatus shall be
provided duty-free treatment; to the Committee on Ways and
Means.
By Mr. SHUSTER (for himself, Mr. Hyde, Mr. Duncan, and
Mr. McCollum):
H.R. 3953. A bill to combat terrorism; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. FOX:
H.R. 3954. A bill to restrict the access of youth to
tobacco products, and for other purposes; to the Committee on
Commerce, and in addition to the Committee on Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
H.R. 3955. A bill to amend the Internal Revenue Code of
1986 to allow a refundable credit to businesses which recycle
office wastes; to the Committee on Ways and Means.
By Mr. CHRISTENSEN:
H.R. 3956. A bill to eliminate automatic pay adjustments
for Members of Congress, and for other purposes; to the
Committee on House Oversight, and in addition, to the
Committee on Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FIELDS of Texas (for himself and Mr. Dingell):
H.R. 3957. A bill to amend the Communications Act of 1934
to require the Federal Communications Commission to
streamline its management, to eliminate unnecessarily
burdensome regulatory provisions, and for other purposes; to
the Committee on Commerce.
By Mrs. JOHNSON of Connecticut:
H.R. 3958. A bill to permit individuals to continue
coverage under Federal health care programs of services while
participating in approved clinical studies and to require the
Secretary of Health and Human Services to make publicly
available information on clinical trials; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, National Security, Veterans' Affairs, and Government
Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
H.R. 3959. A bill to establish a demonstration project to
study and provide coverage of routine patient care costs for
Medicare beneficiaries with cancer who are enrolled in an
approved clinical trial program; to the Committee on Ways and
Means, and in addition to the Committee on Commerce, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HYDE (for himself, Mr. Conyers, Mr. McCollum,
Mr. Schumer, Mr. Canady, and Mr. Heineman):
H.R. 3960. A bill to combat terrorism; to the Committee on
the Judiciary.
By Mr. BILBRAY (for himself, Mr. Barton of Texas, Mr.
Hunter, Mr. Cunningham, Mr. Calvert, Mr. Bono, Mr.
Radanovich, and Mr. McKeon):
H.R. 3961. A bill to provide that customs officers and
immigration officers have the authority to deny entry into
the United States of certain foreign motor vehicles that do
not comply with applicable laws governing motor vehicle
emissions, and for other purposes; to the Committee on Ways
and Means, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. ABERCROMBIE (for himself and Mr. Kim):
H.R. 3962. A bill to establish a visa waiver pilot program
for nationals of Korea who are traveling in tour groups to
the United States; to the Committee on the Judiciary.
By Mr. ENGLISH of Pennsylvania (for himself, Mr.
Ramstad, Mr. Talent, and Mr. Fox):
H.R. 3963. A bill to amend section 8 of the United States
Housing Act of 1937 to prohibit the owner of a rental
dwelling unit from receiving Federal rental subsidy amounts
for rental of the dwelling unit to a member of the owner's
family; to the Committee on Banking and Financial Services.
By Mr. LAZIO of New York:
H.R. 3964. A bill to amend title IV of the Stewart B.
McKinney Homeless Assistance Act to consolidate the Federal
programs for housing assistance for the homeless into a block
grant program that ensures that States and communities are
provided sufficient flexibility to use assistance amounts
effectively; to the Committee on Banking and Financial
Services.
By Mr. LEACH:
H.R. 3965. A bill to amend the Internal Revenue Code of
1986 to increase the amount which may be contributed to
defined contribution plan; to the Committee on Ways and
Means.
By Mr. McHALE (for himself, Mr. Cunningham, Mr. Spence,
Mr. Skelton, Mr. Blute, Mr. King, Mr. Abercrombie,
Mr. Ackerman, Mr. Bachus, Mr. Baesler, Mr. Baker of
California, Mr. Baldacci, Mr. Barcia of Michigan, Mr.
Barrett of Wisconsin, Mr. Becerra, Mr. Bonior, Mr.
Borski, Mr. Brewster, Ms. Brown of Florida, Mr.
Buyer, Mr. Cardin, Mr. Clement, Mr. Clinger, Mr.
Coble, Mr. Coyne, Mr. Cramer, Mr. Davis, Ms. DeLauro,
Mr. Deutsch, Mr. Dickey, Mr. Dooley, Mr. Dornan, Mr.
Doyle, Mr. Duncan, Mr. Edwards, Mr. Ehrlich, Mr.
English of Pennsylvania, Mr. Farr, Mr. Fattah, Mr.
Fawell, Mr. Foglietta, Mr. Fox, Mr. Franks of New
Jersey, Mr. Frost, Mr. Pete Geren of Texas, Mr.
Gilman, Mr. Gordon, Mr. Green of Texas, Mr. Hall of
Texas, Mr. Hastings of Washington, Mr. Hefner, Mr.
Holden, Mr. Horn, Mr. Hunter, Ms. Jackson-Lee, Mr.
Jacobs, Mr. Jones, Mr. Kanjorski, Mrs. Kelly, Mr.
Kennedy of Rhode Island, Mr. Klink, Mr. Klug, Mr.
LaFalce, Mr. Laughlin, Mr. Lazio of New York, Mr.
Longley, Mr. Mascara, Mr. McDermott, Mr. McHugh, Mr.
McInnis, Mr. McKeon, Mr. Montgomery, Mr. Moran, Mr.
Neal of Massachusetts, Mr. Meehan, Mr. Olver, Mr.
Ortiz, Mr. Pallone, Mr. Parker, Mr. Pastor, Mr.
Pickett, Mr. Pomeroy, Mr. Quinn, Mr. Reed, Mr.
Roemer, Mr. Rose, Mr. Saxton, Mr. Shays, Mr. Sisisky,
Mr. Solomon, Mr. Spratt, Mr. Stump, Mr. Talent, Mr.
Tanner, Mr. Taylor of Mississippi, Mr. Tejeda, Mr.
Torkildsen, Mr. Traficant, Mr. Visclosky, Mr. Watts
of Oklahoma, Mr. Weldon of Pennsylvania, Mr. Wicker,
Mr. Wilson, Mr. Wise, and Mr. Zimmer):
H.R. 3966. A bill to authorize and request the President to
award the Congressional
[[Page 2124]]
Medal of Honor posthumously to Theodore Roosevelt for his
gallant and heroic actions in the attack on San Juan Heights,
Cuba, during the Spanish-American War; to the Committee on
National Security.
By Mr. MENENDEZ:
H.R. 3967. A bill to provide for a judicial remedy for
disputes arising under certain agreements with foreign
entities; to the Committee on the Judiciary.
By Mr. MOORHEAD (for himself and Mrs. Schroeder):
H.R. 3968. A bill to make improvements in the operation and
administration of the Federal courts, and for other purposes;
to the Committee on the Judiciary.
By Mr. SKAGGS (for himself, Mr. McInnis, and Mrs.
Schroeder):
H.R. 3969. A bill to amend the Colorado Wilderness Act of
1993 to extend the interim protection of the Spanish Peaks
planning area in the San Isabel National Forest, CO; to the
Committee on Resources.
By Mr. STUPAK (for himself, Mr. Upton, and Mr.
Knollenberg):
H.R. 3970. A bill to amend the Act of October 21, 1970,
establishing the Sleeping Bear Dunes National Lakeshore to
permit certain persons to continue to use and occupy certain
areas within the lakeshore, and for other purposes; to the
Committee on Resources.
By Mrs. VUCANOVICH:
H.R. 3971. A bill to assist in the conservation and
stabilization of water quantity and quality for fish habitat
and recreation in the Walker River Basin consistent with
Decree C-125, issued by the U.S. District Court for the
District of Nevada; to the Committee on Resources.
By Ms. WATERS (for herself and Ms. Brown of Florida):
H.R. 3972. A bill to amend title 38, United States Code, to
improve health care services provided by the Department of
Veterans Affairs to women veterans; to the Committee on
Veterans' Affairs.
By Mr. YOUNG of Alaska:
H.R. 3973. A bill to provide for a study of the
recommendations of the Joint Federal-State Commission on
Policies and Programs Affecting Alaska Natives; to the
Committee on Resources.
By Mr. ZIMMER:
H.R. 3974. A bill to amend the Foreign Assistance Act of
1961 to prohibit the provision of assistance to foreign
governments that provide assistance to Cuba; to the Committee
on International Relations.
By Mr. BACHUS (for himself, Mr. Barr, Mr. McCollum, and
Mr. Leach):
H.R. 3976. A bill to amend the Federal Credit Union Act and
the Federal Deposit Insurance Act to prohibit removal of
members of the National Credit Union Administration Board and
the Board of Directors of the Federal Deposit Insurance
Corporation except for cause, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. BILBRAY (for himself, Mr. Matsui, and Mr.
Thomas):
H.R. 3977. A bill to suspend temporarily the duty on
certain chemicals used in the formulation of an HIV protease
inhibitor; to the Committee on Ways and Means.
By Mr. DICKS (for himself, Mr. de la Garza, Mr.
Roberts, Mr. McDermott, and Mr. Nethercutt):
H.R. 3978. A bill to authorize the Secretary of Agriculture
to purchase commodities under the Emergency Food Assistance
Act of 1983 using State funds; to the Committee on
Agriculture.
By Mr. FOX:
H.R. 3979. A bill to amend the Internal Revenue Code of
1986 to allow a refundable credit for the contribution of
books to any library; to the Committee on Ways and Means.
By Mr. FRANK of Massachusetts:
H.R. 3980. A bill to amend the Cuban Liberty and Democratic
Solidarity [LIBERTAD] Act of 1996 relating to the exclusion
from the United States of certain aliens; to the Committee on
the Judiciary.
By Mr. FRANKS of New Jersey:
H.R. 3981. A bill to provide that a person may use private
express for the private carriage of certain letters and
packets without being penalized by the Postal Service, and
for other purposes; to the Committee on Government Reform and
Oversight.
By Mr. FRANKS of New Jersey (for himself, Mr. Herger,
Mr. Hoke, Mr. Kasich, Mr. Kolbe, Mr. Meehan, Mr.
Smith of Michigan, and Mr. Smith of Texas):
H.R. 3982. A bill to establish a Permanent Performance
Review Commission; to the Committee on Government Reform and
Oversight, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GUTIERREZ:
H.R. 3983. A bill to amend title 18, United States Code, to
prohibit false statements in the offering of adoption
services and to prohibit certain persons from soliciting or
receiving compensation for placing a child for adoption, and
to express the sense of the Congress that there should be
civil remedies for victims of fraudulent adoption practices;
to the Committee on the Judiciary.
By Mr. HUNTER:
H.R. 3984. A bill to amend the Internal Revenue Code of
1986 to provide for a child tax credit and a deduction for
taxpayers with whom a parent or grandparent resides, and for
other purposes; to the Committee on Ways and Means.
By Mr. JOHNSON of South Dakota:
H.R. 3985. A bill to authorize the construction of the Fall
River Water Users District Rural Water System and authorize
the appropriation of Federal dollars to assist the Fall River
Water Users District, a nonprofit corporation, in the
planning and construction of the water supply system; to the
Committee on Resources.
H.R. 3986. A bill to authorize the construction of the
Perkins County Rural Water System and authorize the
appropriation of Federal dollars to assist the Perkins County
Rural Water System, Inc., a nonprofit corporation, in the
planning and construction of the water supply system; to the
Committee on Resources.
By Ms. KAPTUR:
H.R. 3987. A bill to establish an emergency Commission to
end the trade deficit; to the Committee on Ways and Means.
By Mrs. KELLY (for herself, Mr. Boehner, Mr. Clinger,
Mr. Cunningham, Mr. Hoekstra, Mr. Klug, Mr. Longley,
Mr. Moorhead, Mr. Sensenbrenner, Mr. Thomas, Mr.
Weller, and Mr. Dickey):
H.R. 3988. A bill to provide for mandatory prison terms for
possessing, brandishing, or discharging a firearm or
destructive device during a Federal crime that is a crime of
violence or a drug trafficking crime; to the Committee on the
Judiciary.
By Mr. LaFALCE:
H.R. 3989. A bill to amend the Small Business Act, and for
other purposes; to the Committee on Small Business.
By Mr. LaFALCE (for himself, Mr. Flake, Mr. Meehan, Ms.
Velazquez, Mr. Bentsen, Mr. Baldacci, Mr. Jackson,
Ms. Millender-McDonald, and Mr. Blumenauer):
H.R. 3990. A bill to encourage the formation of private
sector projects to promote the development of women's
business enterprise; to the Committee on Small Business.
By Mrs. LOWEY:
H.R. 3991. A bill to assure equitable treatment in health
care coverage of prescription drugs; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, and Economic and Educational Opportunities, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. McCARTHY (for herself, Mr. Luther, Ms. Rivers,
Mr. Cardin, Mrs. Kennelly, Mr. Ward, Mr. Fazio of
California, Ms. Lofgren, Mr. Kennedy of Rhode Island,
Mr. Frost, Mr. Mascara, Mr. Pallone, Mr. Dooley, Mr.
Doyle, Mr. Durbin, Mr. Fattah, Mr. Jackson, Ms.
Millender-McDonald, Ms. Jackson-Lee, Mr. Cummings,
and Mr. Blumenauer):
H.R. 3992. A bill to establish the National Commission on
the Long-Term Solvency of the Medicare Program; to the
Committee on Ways and Means, and in addition to the
Committees on Commerce, and Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. METCALF (for himself, Mr. McCollum, Mr.
Gonzalez, Mr. Baker of Louisiana, Mr. Lazio of New
York, and Mr. Orton):
H.R. 3993. A bill to allow depository institutions to offer
negotiable order of withdrawal accounts to all businesses, to
repeal the prohibition on the payment of interest on demand
deposits, and for other purposes; to the Committee on Banking
and Financial Services.
By Mrs. Meyers of Kansas:
H.R. 3994. A bill to amend the Small Business Act to
provide comprehensive and structured business development
assistance to emerging small business concerns owned by
economically disadvantaged individuals to foster their
entrepreneurial potential and marketplace success, without
relying on preferential award of Government contracts, and
for other purposes; to the Committee on Small Business.
By Mrs. MYRICK (for herself, Mr. Lipinski, and Mr.
English of Pennsylvania):
H.R. 3995. A bill to direct the Federal Trade Commission to
impose civil monetary penalties against persons disseminating
false political advertisements; to the Committee on Commerce.
By Mrs. MYRICK:
H.R. 3996. A bill to amend title 18, United States Code, to
punish false statements during debate on the floor of either
House of Congress; to the Committee on the Judiciary, and in
addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NEAL of Massachusetts (for himself and Mr.
Matsui):
H.R. 3997. A bill to amend the Internal Revenue Code of
1986 to repeal the 1990 tax increase on beer; to the
Committee on Ways and Means.
By Mr. NETHERCUTT (for himself, Mr. Wicker, and Mr.
Barrett of Wisconsin):
H.R. 3998. A bill to provide that individuals otherwise
entitled to receive payments from the Federal Government may
specify that a portion of those payments be used for deficit
reduction; to the Committee on Ways and Means, and in
addition to the Committees on National Security, Veterans'
Affairs, and the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall with
[[Page 2125]]
in the jurisdiction of the committee concerned.
By Mr. OBEY:
H.R. 3999. A bill to ensure that the States have sufficient
funds to assure the effectiveness of the work requirements of
the program of block grants for temporary assistance for
needy families, to provide such funds through tax reforms,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committee on Science, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DORNAN (for himself, Mr. Gilman, Mr. Sam
Johnson, Mr. Talent, Mr. Allard, Mr. Archer, Mr.
Armey, Mr. Bachus, Mr. Baker of California, Mr. Baker
of Louisiana, Mr. Ballenger, Mr. Barr, Mr. Barrett of
Nebraska, Mr. Bartlett of Maryland, Mr. Barton of
Texas, Mr. Bass, Mr. Bateman, Mr. Bereuter, Mr.
Bilbray, Mr. Bilirakis, Mr. Bliley, Mr. Blute, Mr.
Boehlert, Mr. Boehner, Mr. Bonilla, Mr. Bono, Mr.
Brewster, Mr. Brownback, Mr. Bryant of Tennessee, Mr.
Bunn of Oregon, Mr. Bunning of Kentucky, Mr. Burr,
Mr. Burton of Indiana, Mr. Buyer, Mr. Callahan, Mr.
Calvert, Mr. Camp, Mr. Canady, Mr. Castle, Mr.
Chabot, Mr. Chambliss, Mrs. Chenoweth, Mr.
Christensen, Mr. Chrysler, Mr. Clinger, Mr. Coble,
Mr. Coburn, Mr. Collins of Georgia, Mr. Combest, Mr.
Condit, Mr. Cooley, Mr. Costello, Mr. Cox, Mr.
Campbell, Mr. Cramer, Mr. Crane, Mr. Crapo, Mr.
Cremeans, Mrs. Cubin, Mr. Cunningham, Mr. Davis, Mr.
Deal of Georgia, Mr. DeLay, Mr. Diaz-Balart, Mr.
Dickey, Mr. Doolittle, Mr. Dreier, Mr. Duncan, Ms.
Dunn of Washington, Mr. Ehlers, Mr. Ehrlich, Mr.
English of Pennsylvania, Mr. Ensign, Mr. Everett, Mr.
Ewing, Mr. Fawell, Mr. Fields of Texas, Mr. Flanagan,
Mr. Foley, Mr. Forbes, Mrs. Fowler, Mr. Fox, Mr.
Franks of New Jersey, Mr. Franks of Connecticut, Mr.
Frelinghuysen, Mr. Frisa, Mr. Funderburk, Mr.
Gallegly, Mr. Ganske, Mr. Gekas, Mr. Pete Geren of
Texas, Mr. Gilchrest, Mr. Gillmor, Mr. Goodlatte, Mr.
Goodling, Mr. Goss, Mr. Graham, Ms. Greene of Utah,
Mr. Greenwood, Mr. Gunderson, Mr. Gutknecht, Mr. Hall
of Texas, Mr. Hancock, Mr. Hansen, Mr. Hastert, Mr.
Hastings of Washington, Mr. Hayes, Mr. Hayworth, Mr.
Hefley, Mr. Heineman, Mr. Herger, Mr. Hilleary, Mr.
Hobson, Mr. Hoekstra, Mr. Hoke, Mr. Holden, Mr. Horn,
Mr. Houghton, Mr. Hostettler, Mr. Hunter, Mr.
Hutchinson, Mr. Hyde, Mr. Inglis of South Carolina,
Mr. Istook, Mrs. Johnson of Connecticut, Mr. Jones,
Mr. Kasich, Mr. Kim, Mr. King, Mr. Kingston, Mr.
Klug, Mr. Knollenberg, Mr. Kolbe, Mr. LaHood, Mr.
LaTourette, Mr. Largent, Mr. Latham, Mr. Laughlin,
Mr. Lazio of New York, Mr. Leach, Mr. Lewis of
California, Mr. Lewis of Kentucky, Mr. Lightfoot, Mr.
Linder, Mr. Livingston, Mr. LoBiondo, Mr. Longley,
Mr. Lucas, Mr. McCollum, Mr. McCrery, Mr. McDade, Mr.
McHale, Mr. McHugh, Mr. McInnis, Mr. McIntosh, Mr.
McKeon, Mr. McNulty, Mr. Martini, Mr. Manzullo, Mr.
Metcalf, Mrs. Meyers of Kansas, Mr. Mica, Mr. Miller
of Florida, Mr. Minge, Ms. Molinari, Mr. Montgomery,
Mr. Moorhead, Mrs. Morella, Mr. Myers of Indiana,
Mrs. Myrick, Mr. Nethercutt, Mr. Neumann, Mr. Ney,
Mr. Norwood, Mr. Nussle, Mr. Oberstar, Mr. Oxley, Mr.
Ortiz, Mr. Packard, Mr. Parker, Mr. Paxon, Mr.
Peterson of Minnesota, Mr. Petri, Mr. Pickett, Mr.
Pombo, Mr. Porter, Mr. Portman, Ms. Pryce, Mr.
Quillen, Mr. Quinn, Mr. Radanovich, Mr. Ramstad, Mr.
Reed, Mr. Regula, Mr. Riggs, Mr. Roberts, Mr. Rogers,
Mr. Rohrabacher, Ms. Ros-Lehtinen, Mr. Roth, Mrs.
Roukema, Mr. Royce, Mr. Salmon, Mr. Sanders, Mr.
Sanford, Mr. Saxton, Mr. Scarborough, Mr. Schaefer,
Mr. Schiff, Mrs. Seastrand, Mr. Sensenbrenner, Mr.
Shadegg, Mr. Shaw, Mr. Shays, Mr. Shuster, Mr.
Sisisky, Mr. Skeen, Mr. Skelton, Mr. Smith of New
Jersey, Mr. Smith of Texas, Mrs. Smith of Washington,
Mr. Smith of Michigan, Mr. Spence, Mr. Solomon, Mr.
Souder, Mr. Stearns, Mr. Stockman, Mr. Stump, Mr.
Tate, Mr. Tauzin, Mr. Taylor of North Carolina, Mr.
Taylor of Mississippi, Mr. Tejeda, Mr. Thomas, Mr.
Thornberry, Mrs. Thurman, Mr. Tiahrt, Mr. Traficant,
Mr. Torkildsen, Mr. Underwood, Mr. Upton, Mrs.
Vucanovich, Mr. Walker, Mr. Walsh, Mr. Wamp, Mr.
Watts of Oklahoma, Mr. Weldon of Pennsylvania, Mr.
Weldon of Florida, Mr. Weller, Mr. Whitfield, Mr.
White, Mr. Wicker, Mr. Wolf, Mr. Young of Alaska, Mr.
Zeliff, and Mr. Zimmer):
H.R. 4000. A bill to amend title 10, United States Code, to
restore the provisions of chapter 76 of that title, relating
to missing persons as in effect before the amendments made by
the National Defense Authorization Act for fiscal year 1997;
to the Committee on National Security.
By Mr. PAYNE of New Jersey (for himself, Mr. Campbell,
Mr. Flake, Mr. Foglietta, Mr. Lewis of Georgia, Mr.
Hastings of Florida, Mr. Owens, and Ms. Norton):
H.R. 4001. A bill to impose sanctions on the governments
who violate the arms embargo, participate in the exchange of
weapons for resources, for aiding and abetting the civil war
in Liberia, and to bring to justice Liberian war criminals;
to the Committee on International Relations, and in addition
to the Committees on the Judiciary, and Banking and Financial
Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. POMEROY (for himself, Mr. Johnson of South
Dakota, Mr. Williams, and Mr. Peterson of Minnesota):
H.R. 4002. A bill to amend the Agricultural Market
Transition Act to provide equitable treatment for barley
producers so that 1996 contract payments to the producers are
not reduced to a greater extent than the average percentage
reduction in contract payments for other commodities, while
maintaining the level of contract payments for other
commodities, and for other purposes; to the Committee on
Agriculture.
By Mr. RAMSTAD:
H.R. 4003. A bill to provide for the temporary suspension
of duty on certain plastic web sheeting; to the Committee on
Ways and Means.
By Mr. SCHUMER:
H.R. 4004. A bill to amend the Internal Revenue Code of
1986 to provide that no loan may be made from a qualified
employer plan using a credit card or other intermediary and
that loans from qualified employer plans shall be taxed as a
distribution unless the loan is used to purchase a first
home, to pay higher education or financially devastating
medical expenses, or during periods of unemployment; to the
Committee on Ways and Means.
H.R. 4005. A bill to amend title I of the Employee
Retirement Income Security Act of 1974 and the Internal
Revenue Code of 1986 to promote availability of private
pensions upon retirement; to the Committee on Economic and
Educational Opportunities, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SMITH of Michigan:
H.R. 4006. A bill to reform the coastwise, intercoastal,
and noncontiguous trade shipping laws, and for other
purposes; to the Committee on Transportation and
Infrastructure, and in addition to the Committee on National
Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SMITH of New Jersey:
H.R. 4007. A bill to amend title 38, United States Code, to
provide a presumption of service connection for injuries
classified as cold weather injuries which occur in veterans
who while engaged in military operations had sustained
exposure to cold weather; to the Committee on Veterans'
Affairs.
By Mr. SOLOMON:
H.R. 4008. A bill to prohibit health insurers and group
health plans from discriminating against individuals on the
basis of genetic information; to the Committee on Commerce,
and in addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SPRATT:
H.R. 4009. A bill to amend the Solid Waste Disposal Act to
improve public accountability and public safety in the
management of hazardous waste facilities; to the Committee on
Commerce.
By Mr. STARK:
H.R. 4010. A bill to provide for the removal of abandoned
vessels; to the Committee on Transportation and
Infrastructure.
By Mr. TATE (for himself, Mr. Horn, Mr. Miller of
Florida, Mr. Baldacci, Mrs. Kelly, Mr. Hayworth, Mr.
Sanford, Mr. Coble, Mr. Funderburk, Mr. Weldon of
Florida, Mr. Metcalf, Mrs. Smith of Washington, Mr.
Brownback, Mr. Inglis of South Carolina, Mr. Coburn,
Mr. Barrett of Wisconsin, Mr. Hayes, Mr. Linder, Mr.
Weller, Mr. Christensen, Mr. Greenwood, Mr. McKeon,
Mr. Taylor of North Carolina, Mr. LoBiondo, Mr.
Souder, Mrs. Meyers of Kansas, Mr. Pomeroy, Mr.
Ramstad, Mr. Lazio of New York, Mr. Reed, Mr. Fox,
Mr. Frelinghuysen, Mr. Foley, Mr. Bereuter, Mr.
Porter, Mr. Goss, Mr. McCollum, Mr. Klug, Ms. Rivers,
Mr. Dornan, Mrs. Myrick, Mr. Hoekstra, Mr. Shays, Mr.
Bliley, Mr. Packard, Mr. Franks of New Jersey, Mr.
McIntosh, Mr. Neumann, Mr. Largent, Mr.
Sensenbrenner, Mr. Chrysler, Mr. Ensign, Mrs.
Vucanovich, Mrs. Fowler, Mr. Johnson of South Dakota,
Mr. Canady, Mr. Watts of Oklahoma, Mrs. Seastrand,
and Mr. Hutchinson):
H.R. 4011. A bill to amend title 5, United States Code, to
provide that if a Member of
[[Page 2126]]
Congress is convicted of a felony, such Member shall not be
eligible for retirement benefits based on that individual's
service as a Member, and for other purposes; to the Committee
on Government Reform and Oversight, and in addition to the
Committee on House Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. UPTON (for himself, Mr. Dingell, Mr. Camp, Mr.
Levin, and Mr. Conyers):
H.R. 4012. A bill to waive temporarily the Medicare
enrollment composition rules for the Wellness Plan; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. WALKER (for himself, Mr. Brown of California,
Mr. Schiff, Mr. Baker of California, Mr. Ehlers, Mr.
Stockman, Mr. Hall of Texas, Mr. Traficant, Mr.
Tanner, Mr. Roemer, Mr. Cramer, Mr. Davis, and Ms.
Lofgren):
H.R. 4013. A bill to amend section 2118 of the Energy
Policy Act of 1992 to extend the Electric and Magnetic Fields
Research and Public Information Dissemination Program; to the
Committee on Commerce, and in addition to the Committee on
Science, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. WELDON of Pennsylvania (for himself, Mr. Clay,
Mr. Quinn, Mr. McHugh, Mr. Stearns, Mr. Traficant,
Mr. English of Pennsylvania, Mr. Regula, Ms. Kaptur,
and Mr. Goodling):
H.R. 4014. A bill to require the President to certify
whether the commitments made in the side agreements on the
environment and on labor to the North American Free-Trade
Agreement are being met, and to remove certain benefits from
a country that is certified as not meeting those commitments;
to the Committee on Ways and Means, and in addition to the
Committees on International Relations, and Banking and
Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. WYNN:
H.R. 4015. A bill to amend title II of the Social Security
Act to provide that a monthly insurance benefit thereunder
shall be paid for the month in which the recipient dies,
subject to a reduction of 50 percent if the recipient dies
during the first 15 days of such month, and for other
purposes; to the Committee on Ways and Means.
By Mr. ZELIFF:
H.R. 4016. A bill to amend the Elementary and Secondary
Education Act of 1965 to provide funds to States to carry out
drug and violence prevention programs; to the Committee on
Economic and Educational Opportunities.
By Mr. ZELIFF (for himself, Mr. Hastert, Mr. Burton of
Indiana, Mr. Souder, Mr. Barton of Texas, and Mr.
Scarborough):
H.R. 4017. A bill to amend the Americans with Disabilities
Act of 1990 with respect to safety-sensitive employment
functions and individuals who have a record or history of the
habitual or regular use of illegal drugs or of the abuse of
alcohol, or of clinical alcoholism, and for other purposes;
to the Committee on Economic and Educational Opportunities.
By Mrs. MYRICK:
H.J. Res. 188. Joint resolution proposing an amendment to
the Constitution of the United States regarding the liability
of Members of Congress for false statements made in carrying
out their official duties; to the Committee on the Judiciary.
By Mr. THOMAS:
H. Con. Res. 208. Concurrent resolution directing the Clerk
of the House of Representatives to make a correction in the
enrollment of H.R. 3103; considered and agreed to.
By Mr. RAHALL (for himself, Mr. Dingell, Mr. LaHood,
and Mr. Hoke):
H. Con. Res. 209. Concurrent resolution expressing the
sense of the Congress regarding the territorial integrity,
unity, sovereignty, and full independence of Lebanon; to the
Committee on International Relations.
By Mr. STUPAK (for himself and Mr. Ramstad):
H. Con. Res. 210. Concurrent resolution expressing the
sense of the Congress that a postage stamp should be issued
to honor law enforcement officers killed in the line of duty;
to the Committee on Government Reform and Oversight.
By Mr. ARMEY:
H. Res. 509. Resolution electing Representative Funderburk
of North Carolina to the Committee on Agriculture; considered
and agreed to.
By Mr. BARTON of Texas (for himself, Mr. Zeliff, Mr.
Shays, Mr. Coburn, Mr. Solomon, Mr. Camp, Mr.
Stearns, Mr. Graham, Mr. Traficant, Mrs. Fowler, Mr.
McIntosh, Mr. Laughlin, Mr. Manzullo, Mr. Souder, Mr.
Portman, Mr. Wamp, Mr. Weldon of Pennsylvania, Mrs.
Myrick, Mr. Davis, Mr. Clinger, Mr. Foley, Mr. Sam
Johnson, Mr. Hansen, Mr. Hancock, Mr. Bliley, Mr.
Ramstad, Mr. Bachus, Mr. Shadegg, Mr. Salmon, and Mr.
Shaw):
H. Res. 510. Resolution providing for mandatory drug
testing of Members of the House of Representatives; to the
Committee on House Oversight.
By Mrs. COLLINS of Illinois (for herself, Mr. Clay, Ms.
Norton, Miss Collins of Michigan, Mr. Stokes, and Mr.
Towns):
H. Res. 511. Resolution expressing the sense of the House
of Representatives that a commemorative postage stamp should
be issued in honor of Paul Robeson; to the Committee on
Government Reform and Oversight.
By Mr. SOLOMON:
H. Res. 512. Resolution to amend House Rules to require the
random drug testing of officers and employees of the House;
to the Committee on Rules.
By Mr. FARR (for himself, Mr. Coleman, Mr. Pallone, Mr.
Bryant of Texas, Mr. Peterson of Minnesota, Mr.
Bonior, Mr. Frost, Mr. Lewis of Georgia, Mr. Porter,
Mrs. Morella, Mr. Evans, Mr. Yates, Ms. Lofgren, Ms.
Slaughter, Mr. Olver, Ms. Roybal-Allard, Mr. Becerra,
Ms. Woolsey, Mr. Dingell, Mr. Fattah, Ms. Eshoo, Mr.
Blumenauer, Mr. Torres, Mrs. Clayton, Mr. Cummings,
Ms. Norton, Mr. Walsh, Mr. Vento, Mr. Abercrombie,
Mr. Sanders, Mrs. Lincoln, Mr. Deutsch, Mr. Shays,
Mr. Payne of New Jersey, Mr. Frank of Massachusetts,
Mrs. Maloney, Ms. Jackson-Lee, of Texas, Mr. Murtha,
and Mr. Minge):
H. Res. 513. Resolution providing for the mandatory
implementation of the Office Waste Recycling Program in the
House of Representatives; to the Committee on House
Oversight.
By Mr. SOLOMON:
H. Res. 514. Resolution amending the Rules of the House of
Representatives to reduce the number of programs covered by
each general appropriation bill; to the Committee on Rules.
By Mr. WOLF (for himself, Mr. Smith of New Jersey, Mr.
Ramstad, Mr. Towns, and Mr. Hefley):
H. Res. 515. Resolution expressing the sense of the House
of Representatives with respect to the persecution of
Christians worldwide; to the Committee on International
Relations.
para.100.34 private bills and resolutions
Under clause 1 of rule XXII,
By Mr. WALKER:
H.R. 3951. A bill to permit duty-free treatment for certain
structures, parts, and components used in the Gemini
Telescope Project; to the Committee on Ways and Means.
By Mrs. MEYERS of Kansas introduced a bill (H.R. 3975) for
the relief of Lt. Col. (retired) Robert L. Stockwell, U.S.
Army; which was referred to the Committee on the Judiciary.
para.100.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Ms. Norton and Mr. Longley.
H.R. 303: Mr. Longley.
H.R. 608: Mr. Davis.
H.R. 739: Mr. Metcalf.
H.R. 878: Mr. Moran.
H.R. 893: Mr. Frank of Massachusetts, Mr. Conyers, Mr.
Kildee, Ms. DeLauro, Mr. Towns, Miss Collins of Michigan, Mr.
Frazer, Mr. Ney, Mr. Stupak, Mr. de la Garza, Mr. Horn, Mr.
Saxton, Mr. Ehlers, Mr. Kasich, Mr. Smith of Michigan, Mr.
Hall of Ohio, Mr. Wilson, and Mr. Barcia of Michigan.
H.R. 895: Mr. Frost, Mr. Hutchinson, Mr. Blute, and Mr.
Volkmer.
H.R. 1010: Mr. Engel.
H.R. 1050: Mr. Engel and Mr. Lantos.
H.R. 1073: Mrs. Fowler.
H.R. 1074: Mrs. Fowler.
H.R. 1090: Ms. Furse.
H.R. 1100: Mr. Gonzalez, Mr. Kleczka, Mr. Browder, Ms.
Eshoo, Mr. Mascara, Mr. English of Pennsylvania, Mrs.
Morella, Mr. Johnston of Florida, Mr. DeFazio, Mr. Taylor of
Mississippi, Mrs. Thurman, Mr. Clement, Mr. Hall of Ohio, and
Mr. Luther.
H.R. 1161: Mr. Burr, Mr. de la Garza, Mr. Stupak, Mr. Smith
of Michigan, and Mr. Yates.
H.R. 1281: Mr. Vento, Mr. Wamp, Mr. Hastings, of Florida,
and Ms. Furse.
H.R. 1404: Mr. Richardson.
H.R. 1406: Mr. Filner.
H.R. 1496: Mr. Roemer.
H.R. 1568: Mr. Towns and Mr. Abercrombie.
H.R. 1591: Mr. Engel.
H.R. 1796: Mr. Campbell.
H.R. 1805: Mr. Moran.
H.R. 1876: Mr. Brown of Ohio.
H.R. 2006: Mr. Horn and Mr. Hayworth.
H.R. 2011: Mr. Holden, Mr. Coburn, and Mr. Gordon.
H.R. 2090: Mr. Inglis of South Carolina.
H.R. 2128: Ms. Greene of Utah and Mr. Horn.
H.R. 2138: Mr. Quinn.
H.R. 2185: Mr. Lewis of Georgia, Mr. Dixon, Mr. Durbin,
Mrs. Thurman, and Mr. Cunningham.
H.R. 2237: Mr. Gejdenson, Mr. Gutierrez, Mr. LaFalce, Mr.
Gilman, Mr. Ackerman, Mr. Miller of California, and Ms.
Furse.
H.R. 2244: Mr. Lazio of New York.
H.R. 2247: Mr. Baesler and Mr. Pomeroy.
H.R. 2476: Mr. Johnston of Florida.
[[Page 2127]]
H.R. 2582: Mrs. Schroeder and Mr. Cunningham.
H.R. 2654: Ms. Brown of Florida and Mr. Stupak.
H.R. 2727: Mr. Dornan and Mr. Radanovich.
H.R. 2911: Mr. Camp and Mr. Fox.
H.R. 2976: Ms. Eschoo, Mrs. Lowey, and Ms. Pryce.
H.R. 3012: Mr. Pete Geren of Texas, Mr. Stockman, Mr.
Lucas, Mr. Dicks, Mrs. Meek of Florida, Mrs. Smith of
Washington, Ms. Pryce, Mr. Andrews, Mr. Heineman, Mr. Engel,
Mr. Taylor of North Carolina, and Mr. Schaefer.
H.R. 3089: Mr. Barrett of Wisconsin.
H.R. 3106: Mr. Sanders.
H.R. 3142: Mr. Sanders.
H.R. 3189: Ms. Norton.
H.R. 3195: Mr. Shadegg, Mr. Stockman, and Mr. Bryant of
Tennessee.
H.R. 3200: Mr. Fawell, Mr. Hayworth, Mr. Shuster, Mr.
Salmon, Mr. Baker of Louisiana, Mr. Wamp, Mr. Castle, Mr.
Weller, Mr. Baesler, Mr. Andrews, Mr. Linder, Mr. Bunning of
Kentucky, Mr. Bono, Mr. Sensenbrenner, Mr. Smith of Michigan,
Mrs. Roukema, Mr. Duncan, and Mr. Ehlers.
H.R. 3201: Mr. Smith of Texas, Mr. Crane, Mr. Longley, and
Mr. Bonilla.
H.R. 3202: Mr. Owens and Ms. Furse.
H.R. 3217: Mrs. Clayton.
H.R. 3223: Ms. Greene of Utah.
H.R. 3226: Ms. Eddie Bernice Johnson of Texas.
H.R. 3244: Mr. Conyers and Mr. Foglietta.
H.R. 3274: Mr. Stearns.
H.R. 3311: Mr. Sanders Mr. Vento, Mr. Fattah, and Mrs.
Clayton.
H.R. 3337: Mr. Rahall.
H.R. 3338: Mr. Matsui.
H.R. 3355: Mr. Dellums.
H.R. 3374: Mr. Brown of Ohio.
H.R. 3391: Mrs. Thurman.
H.R. 3424: Mr. Schiff.
H.R. 3426: Mr. Miller of California, Mr. Green of Texas,
and Mr. Pomeroy.
H.R. 3508: Mr. Wicker.
H.R. 3511: Mr. Gejdenson, Mr. Flake, Mr. Deutsch, Mr.
Frost, Mr. Lipinski, Ms. Woolsey, Mrs. Maloney, Mr. Filner,
Mr. Miller of California, Mrs. Kennelly, Mr. Torres, and Mr.
Ackerman.
H.R. 3518: Mr. Bono, Mr. Hunter, Mr. Campbell, and Mr.
Lewis of Georgia.
H.R. 3527: Mr. Wilson.
H.R. 3565: Mr. Bereuter and Mr. Paxon.
H.R. 3584: Mr. Yates, Mr. Wynn, Mr. Lipinski, Mr. Frost,
Mrs. Maloney, Mr. Chrysler, and Mr. Ackerman.
H.R. 3618: Mr. Lantos.
H.R. 3631: Mr. Boehlert, Mr. Hall of Texas, and Mr. Pete
Geren of Texas.
H.R. 3646: Mr. Olver, Mr. Flake, Mr. Wynn, Mr. Filner, Mr.
Kildee, Mr. Stark, and Ms. Furse.
H.R. 3690: Mr. Calvert, Mr. McCrery, and Mr. Rohrabacher.
H.R. 3693: Mr. Johnston of Florida, Mr. Thompson, Mr.
Frost, Mr. Towns, and Ms. Norton.
H.R. 3708: Ms. Woolsey, Mr. DeFazio, Mr. Stupak, and Miss
Collins of Michigan.
H.R. 3710: Mr. Wise and Mr. Engel.
H.R. 3713: Mrs. Maloney.
H.R. 3714: Mr. Holden, Mr. Gilman, Mr. Regula, Mr.
Gutierrez, Mr. Deutsch, Mr. McHugh, Mr. Spratt, Ms. Dunn of
Washington, Mr. Gillmor, Mr. Baesler, and Mr. Lewis of
Kentucky.
H.R. 3716: Mr. McCollum.
H.R. 3722: Mr. Engel, Mr. Quinn, Mr. Nadler, and Ms.
Slaughter.
H.R. 3724: Mrs. Thurman.
H.R. 3732: Mr. Barcia of Michigan.
H.R. 3736: Mr. Largent, Mr. Dornan, Mr. Pete Geren of
Texas, Mr. Canady, Mrs. Kelly, Mr. Tauzin, Mr. Gillmor, Mr.
Herger, Mr. Sensenbrenner, Mrs. Vucanovich, Mr. Deal of
Georgia, Mr. Jacobs, Mr. Spence, Mr. Ney, Mr. Hastings of
Washington, Mr. Collins of Georgia, Mr. LaTourette, Mr.
Hancock, and Ms. Dunn of Washington.
H.R. 3745: Mr. Hayes and Mr. Cunningham.
H.R. 3748: Mr. Johnston of Florida.
H.R. 3752: Mr. Radanovich and Mr. Kim.
H.R. 3757: Mr. Mascara.
H.R. 3775: Mr. Neumann, Mr. Hefner, and Mr. Tanner.
H.R. 3783: Mr. Evans, Ms. Rivers, and Mrs. Thurman.
H.R. 3785: Mr. Lantos, Mr. Condit, Mr. Peterson of
Minnesota, Mr. Barrett of Wisconsin, Mr. Kanjorski, Miss
Collins of Michigan, Mr. Spratt, and Ms. Norton.
H.R. 3795: Mrs. Lincoln.
H.R. 3803: Mr. Roth, Ms. Molinari, Mr. Walsh, Mr. Stockman,
Mr. Porter, Mr. Clinger, Mr. Stump, Mr. Camp, Mr. English of
Pennsylvania, Mr. Weldon of Pennsylvania, and Mr. Regula.
H.R. 3807: Mr. Wynn.
H.R. 3817: Mr. Blute and Mr. Rohrabacher.
H.R. 3821: Mr. Johnston of Florida, Ms. Norton, and Ms.
Furse.
H.R. 3830: Mr. Chapman, Mr. Pastor, Ms. Lofgren, Mrs.
Thurman, Mr. Frost, Mr. Hilliard, and Mr. Bonior.
H.R. 3849: Mr. Quillen and Mr. Ney.
H.R. 3856: Mr. Johnston of Florida.
H.R. 3863: Mr. Ehlers, Mr. Kanjorski, Mr. Evans, and Mr.
Kennedy of Massachusetts.
H.R. 3878: Mr. Upton.
H.R. 3881: Mr. Diaz-Balart.
H.R. 3896: Mr. Gilchrest, Mr. Jacobs, Mrs. Seastrand, Mr.
Watts of Oklahoma, Mr. Johnston of Florida, Ms. Lofgren, and
Mrs. Morella.
H.R. 3901: Mr. Frost, Mr. Ney, Mrs. Kelly, Mr. Zimmer, Mr.
Lewis of Kentucky, Mr. Dornan, Mr. Franks of Connecticut, Mr.
Flanagan, Mr. Gilman, Mr. Deutsch, Mr. Hobson, Mr. Parker,
Mr. Blute, Mr. Holden, Mrs. Myrick, Mr. Wynn, Mrs.
Vucanovich, Mr. Regula, Mr. Tejeda, Mr. Spratt, Mr. Manton,
Mr. Pastor, Mr. Bilirakis, Mr. Johnston of Florida, Mr. Green
of Texas, Mr. Bono, and Mr. Doyle.
H.R. 3905: Mr. Shaw, Mrs. Morella, Mr. Nethercutt, Mr.
Jacobs, and Mr. Green of Texas.
H.R. 3927: Mr. Spratt, Mr. Green of Texas, Ms. Millender-
McDonald, Mrs. Mink of Hawaii, Mr. Cummings, Mr. Clement, and
Mr. Largent.
H.R. 3928: Mrs. Mink of Hawaii, Mr. Serrano, and Mr.
Pastor.
H.R. 3939: Mr. Zimmer, Mr. LaTourette, Mr. Funderburk, Mr.
Cooley, Mr. Hunter, Mr. Quinn, Mr. King, Mr. Everett, Mr.
Deal of Georgia, and Mrs. Kelly.
H.J. Res. 114: Ms. Eshoo.
H. Con. Res. 63: Mr. Hefley.
H. Con. Res. 100: Mr. Archer, Mr. Brewster, Mr. Coble, Mr.
Dreier, Mr. Everett, Mr. Franks of Connecticut, Mr.
Funderburk, Mr. Gallegly, Mr. Pete Geren of Texas, Mr.
Graham, Mr. Roberts, Mr. Shadegg, Mr. Smith of Texas, Mr.
Stenholm, Mr. Tanner, Mr. Tauzin, Mr. Watts of Oklahoma, Mr.
Myers of Indiana, Mr. Gunderson, Mr. Souder, Mr. Walker, Mr.
Frost, Mr. Stockman, Mrs. Meyers of Kansas, Mr. Wamp, and Mr.
Kolbe.
H. Con. Res. 120: Mr. Torricelli.
H. Con. Res. 136: Mr. Pallone, Mr. Lewis of Georgia, Mr.
Olver, Mr. Engel, and Mr. Hinchey.
H. Con. Res. 200: Mr. Weldon of Florida, Mr. Barrett of
Wisconsin, Ms. Pryce, and Mr. Ney.
H. Res. 39: Mr. Williams.
H. Res. 346: Mr. Zimmer.
H. Res. 470: Mr. Payne of Virginia and Mr. Zimmer.
H. Res. 478: Mr. Oxley and Mr. Nadler.
H. Res. 484: Mrs. Lowey.
H. Res. 490: Mr. Barton of Texas, Mr. Boehlert, Mr.
Cunningham, Mr. Evans, Mr. Gejdenson, Mr. Hinchey, Mr.
McIntosh, and Mr. Menendez.
H. Res. 491: Mrs. Morella, Mr. Kennedy of Rhode Island, and
Mr. Berman.
.
WEDNESDAY, SEPTEMBER 4, 1996 (101)
The House was called to order by the SPEAKER.
para.101.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Friday, August 2, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.101.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4531. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Fresh Prunes Grown in Washington and Oregon; Handling
Requirement Revision; Fruits; Import Regulations; Fresh Prune
Import Requirements [Docket No. FV95-924-1FR] received August
7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
4532. A letter from the Agricultural Marketing Service,
transmitting the Service's final rule--Apricots and Cherries
Grown in Designated Counties in Washington and Prunes Grown
in Designated Counties in Washington and in Umatilla County,
Oregon; Assessment Rates [Docket No. FV95-922-1FR] received
August 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
4533. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Spearmint Oil Produced in the Far West; Assessment Rate
[Docket No. FV96-985-2 FIR] received August 7, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4534. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Kiwifruit Grown in California; Assessment Rate [Docket No.
FV96-920-1 IFR] received August 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4535. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Olives Grown in California and Imported Olives; Establishment
of Limited-Use Style Olive Grade and Size Requirements
[Docket No. FV96-932-3 FIR] received August 5, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4536. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Milk in the Carolina, Southeast, Tennessee Valley and
Louisville-Lexington-Evansville Marketing Areas; Interim
Amendment of Rules [Docket No. AO0388-A9, et al.; DA-96-08]
received August 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
4537. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Cranberries Grown in the States of Massachusetts, Rhode
Island, Connecticut, New Jersey, Wisconsin, Michigan,
Minnesota, Oregon, Washington, and Long Island in the State
of New York; Assessment Rate [Docket No. FV96-929-3 IFR]
received August 14, 1996, pursuant to 5
[[Page 2128]]
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4538. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Oranges and Grapefruit Grown in the Lower Rio Grande Valley
in Texas; Interim Final Rule to Revise Pack and Size
Requirements [Docket No. FV96-906-3I FR] received August 21,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4539. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Limes Grown in Florida and Imported Limes; Change in
Regulatory Period [Docket No. FV96-911-2FR] received August
21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
4540. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Southeastern Potatoes; Assessment Rate [Docket No. FV96-953-1
FIR] received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4541. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Oregon-California Potatoes; Assessment Rate [Docket No. FV96-
947-1 FIR] received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4542. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Almonds Grown in California; change in Quality Control
[Docket No. FV96-981-3 IFR] received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4543. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Hazelnuts Grown in Oregon and Washington; Assessment Rate
[Docket No. FV96-982-1 FIR] received August 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4544. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Increased Assessment Rate for Domestically Produced Peanuts
Handled by Persons Not Subject to Peanut Marketing Agreement
No. 146 and for Marketing Agreement No. 146 Regulating the
Quality of Domestically Produced Peanuts [Docket No. FV96-
998-1 FIR] received August 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4545. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Apricots Grown in Designated Counties in Washington;
Temporary Suspension of Grade Requirements [Docket No. FV96-
922-1 FIR] received August 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4546. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Change in Disease Status of the
Netherlands Because of Hog Cholera and Swine Vesicular
Disease [Docket No. 96-014-2] received August 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4547. A letter from the Congressional Review Coordinator,
Animal and Plant Inspection Service, transmitting the
Service's final rule--Change in Disease Status of Spain
Because of African Swine Fever [Docket No. 96-025-2] received
August 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
4548. A letter from the Acting Executive Director,
Commodity Futures Trading Commission, transmitting the
Commission's final rule--Interpretation Regarding Use of
Electronic Media by Commodity Pool Operators and Commodity
trading Advisors (17 CFR Part 4) received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4549. A letter from the Acting Executive Director,
Commodity Futures Trading Commission, transmitting the
Commission's final rule--Publicizing of Broker Association
Memberships (17 CFR Part 1) received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4550. A letter from the Assistant Secretary for Marketing
and Regulatory Programs, Department of Agriculture,
transmitting the Department's final rule--Fees for Official
Inspection and Official Weighing Services (RIN: 0580-AA40)
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
4551. A letter from the Administrator, Rural Utilities
Service, transmitting the Service's final rule--Accounting
Requirements for RUS Telecommunications Borrowers (RIN: 0572-
AB10) received August 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4552. A letter from the Acting Director, Office of
Management and Budget, transmitting notification of the
President's intent to exempt all military personnel accounts
from sequester for fiscal year 1997, pursuant to Public Law
101-508, section 13101(c)(4) (104 Stat. 1388-589); to the
Committee on Appropriations.
4553. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $51,200,000 in budget authority to
the Department of the Interior, and to designate the amounts
made available as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, pursuant to 31
U.S.C. 1107 (H. Doc. No. 104-256); to the Committee on
Appropriations and ordered to be printed.
4554. A letter from the Comptroller General of the United
States, transmitting a review of the President's eighth
special impoundment message for fiscal year 1996, pursuant to
2 U.S.C. 685; to the Committee on Appropriations.
4555. A letter from the Director, Congressional Budget
Office, transmitting CBO's sequestration update report for
fiscal year 1997, pursuant to Public Law 101-508, section
13101 (a) (104 Stat. 1388-587); to the Committee on
Appropriations.
4556. A letter from the Principal Deputy Under Secretary of
Defense (Comptroller), Department of Defense, transmitting a
report of a violation of the Anti-Deficiency Act--Department
of the Navy violation, case number 96-02, violating
restrictions of section 101 of the Military Construction Act
of 1994, pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
4557. A letter from the Administrator, Environmental
Protection Agency, transmitting a report of a violation of
the Anti-Deficiency Act--account 68014922, in connection with
a contract awarded to support the Office of Research and
Development's work on stationary source emissions under the
Clean Air Act Amendments, Title III, Air Toxics, pursuant to
31 U.S.C. 1517(b); to the Committee on Appropriations.
4558. A letter from the Acting Director, Office of
Management and Budget, transmitting the OMB sequestration
update report to the President and Congress, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-587); to
the Committee on Appropriations.
4559. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of August 1, 1996,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 104-252); to the
Committee on Appropriations and ordered to be printed.
4560. A letter from the Under Secretary for Personnel and
Readiness, Department of Defense, transmitting the
Department's defense manpower requirements report for fiscal
year 1997, pursuant to 10 U.S.C. 115(b)(3)(A); to the
Committee on National Security.
4561. A letter from the Assistant Secretary of the Army for
Research, Development and Acquisition, Department of the
Army, transmitting notification of intent to award a contract
for all services, material, and facilities to the George C.
Marshall Foundation, pursuant to 10 U.S.C. 2304(c)(7); to the
Committee on National Security.
4562. A letter from the Director, Office of Small and
Disadvantaged Business Utilization, Department of Defense,
transmitting a report on the progress of the Department of
Defense toward the achievement of the goal to award 5 percent
of DOD contracts to small disadvantaged business,
historically Black colleges and universities and minority
institutions, pursuant to 10 U.S.C. 2323(i); to the Committee
on National Security.
4563. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Single Family Insurance Premium (FR-3899)
received August 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Banking and Financial Services.
4564. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Kazakstan, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
4565. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the People's Republic of
China (China), pursuant to 12 U.S.C. 635 (b)(3)(i); to the
Committee on Banking and Financial Services.
4566. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the People's Republic of
China (China), pursuant to 12 U.S.C. 635 (b)(3)(i); to the
Committee on Banking and Financial Services.
4567. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the People's Republic of
China (China), pursuant to 12 U.S.C. 635 (b)(3)(i); to the
Committee on Banking and Financial Services.
4568. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to the People's Republic of
China (China), pursuant to 12 U.S.C. 635(b)(3)(i); to the
Committee on Banking and Financial Services.
4569. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Argentina, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
4570. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Trinidad and Tobago,
pursuant to 12 U.S.C. 635(b)(3)(i); to the Committee on
Banking and Financial Services.
4571. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Pakistan, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
4572. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving
[[Page 2129]]
United States exports to Thailand, pursuant to 12 U.S.C.
635(b)(3)(i); to the Committee on Banking and Financial
Services.
4573. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Russia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
4574. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance, transmitting the
Corporation's final rule--Joint Agency Policy Statement:
Interest Rate Risk [Federal Reserve System Docket No. R-0802]
[Department of the Treasury Docket No. 96-13] received August
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Banking and Financial Services.
4575. A letter from the Managing Director, Federal Housing
Finance Board, transmitting the Board's final rule--
Membership Approval [No. 96-43] received August 14, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4576. A letter from the Managing Director, Federal Housing
Finance Board, transmitting the Board's final rule--Federal
Home Loan Bank Directors' Compensation and Expenses [No. 96-
56] received August 14, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4577. A letter from the Board of Governors, Federal Reserve
System, transmitting the seventh annual report on the
assessment of the profitability of credit card operations of
depository institutions, pursuant to 15 U.S.C. 1637; to the
Committee on Banking and Financial Services.
4578. A letter from the Administrator of National Banks,
Office of the Comptroller of the Currency, transmitting the
Office's final rule--Interagency Guidelines Establishing
Standards for Safety and Soundness [Docket No. 96-19] (RIN:
1557-AB17) received August 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4579. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Interagency Guidelines Establishing Standards for Safety and
Soundness [No. 96-53] (RIN: 1550-AA97) received August 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4580. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of S. 966 and H.R. 2337, pursuant to Public Law 101-
508, section 13101(a) (104 Stat. 1388-582); to the Committee
on the Budget.
4581. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 1627 and H.R. 3161, pursuant to Public Law
101-508, section 13101(a) (104 Stat. 1388-582); to the
Committee on the Budget.
4582. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 1975, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
4583. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 3215, H.R. 1114, H.R. 3235, and S. 1316,
pursuant to Public Law 101-508, section 13101(a) (104 Stat.
1388-582); to the Committee on the Budget.
4584. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 3103, H.R. 3448, and H.R. 3680, pursuant to
Public Law 101-508, section 13101(a) (104 Stat. 1388-582); to
the Committee on the Budget.
4585. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of discretionary new budget authority and outlays for
the current year (if any) and the budget year provided by
H.R. 3603, pursuant to Public Law 101-508, section 13101(a)
(104 Stat. 1388-578); to the Committee on the Budget.
4586. A letter from the Commissioner of Education
Statistics, Department of Education, transmitting the fourth
report on the evaluation of the National Assessment of
Educational Progress ``Quality and Utility: The 1994 Trial
State Assessment in Reading'', pursuant to Public Law 100-
297, section 3403(a) (102 Stat. 348; to the Committee on
Economic and Educational Opportunities.
4587. A letter from the Secretary of Education,
transmitting a report entitled, ``Third Biennial Report to
Congress on Vocational Education Data in the U.S. Department
of Education'', pursuant to Public Law 101-392, section 407
(104 Stat. 824); to the Committee on Economic and Educational
Opportunities.
4588. A letter from the Assistant Secretary of Labor
Department of Labor, transmitting the Department's final
rule--Training and Employment Guidance Letter No. 7-95--
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Economic and Educational Opportunities.
4589. A letter from the Assistant Secretary for Pension and
Welfare Benefits, Department of Labor, transmitting the
Department's final rule--Regulation Relating to Definition of
``Plan Assets''--Participant Contributions (RIN: 1210-AA53)
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Economic and Educational Opportunities.
4590. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Allocation of
Assets in Single-Employer Plans; Interest Rate for Valuing
Benefits (29 CFR Part 4044) received August 14, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
4591. A letter from the Administrator, Energy Information
Administration, transmitting the Energy Information
Administration's annual report to Congress 1995, pursuant to
15 U.S.C. 790f(a)(2); to the Committee on Commerce.
4592. A letter from the Assistant Secretary of Health and
Human Services, transmitting the fourth triennial report on
drug abuse and drug research on the health consequences and
extent of drug abuse, including recent findings on the health
effects of marijuana, cocaine, and the addictive properties
of tobacco, pursuant to 42 U.S.C. 290aa-4(b); to the
Committee on Commerce.
4593. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Acquisition
Regulation; Regulatory Reinvention (RIN: 1991-AB25) received
August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4594. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Debarment
and Suspension (Procurement) and Governmentwide Debarment and
Suspension (Nonprocurement) and Governmentwide Requirements
for Drug-Free Workplace (Grants) and Department of Energy
Acquisition Regulation (RIN: 1991-AB24) received August 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4595. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Glazing Materials
(National Highway Traffic Safety Administration) [Docket No.
95-13, Notice 02] (RIN: 2127-AF28) received August 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4596. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Brake Hoses, Whip
Resistance Test (National Highway Traffic Safety
Administration) [Docket No. 95-88, Notice 02] (RIN: 2127-
AG02) received August 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4597. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Lamps, Reflective
Devices and Associated Equipment (National Highway Traffic
Safety Administration) [Docket No. 80-9; Notice 12] (RIN:
2127-AF59) received August 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4598. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Inland Seafood Festival Jet Boat
Races, Ohio River Mile 469.5 to 471.2, Cincinnati, Ohio (U.S.
Coast Guard) [CGD08-96-034] (RIN: 2115-AE46) received August
8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
4599. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Lansing Fishing Days, Upper
Mississippi River Mile 663.0-663.5 Lansing, IA (U.S. Coast
Guard) [CGD08-96-038] (RIN: 2115-AE46) received August 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4600. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Indiana: Final
Authorization of Revisions to State Hazardous Waste
Management Program [FRL-5552-5] received August 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4601. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Massachusetts;
Emissions Banking, Trading, and Averaging Program Approval
[FRL-5533-2] received August 14, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4602. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Interim Approval of
Section 112(1) Delegated Authority; Washington [FRL-5551-9]
received August 20, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4603. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--State of Alaska
Petition for Exemption from Diesel Fuel Sulfur Requirement
[FRL-5555-5] received August 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4604. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmit
[[Page 2130]]
ting the Agency's final rule--Approval and Promulgation of
Implementation Plans Tennessee: Approval of Revisions to the
Tennessee SIP Regarding Volatile Organic Compounds [FRL-5547-
1] received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4605. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; State of Wisconsin [FRL-
5553-1] received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4606. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plan; Wisconsin [FRL-5550-6]
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4607. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Massachusetts; Marine Vessel Transfer Operations [FRL-5552-9]
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4608. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Emergency Revision of
the Land Disposal Restrictions (LDR) Phase III Treatment
Standards for Listed Hazardous Wastes from Carbamate
Production [FRL-5560-1] received August 21, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4609. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996 [CC Docket
No. 96-98]; Interconnection Between Local Exchange Carriers
and Commercial Mobile Radio Service Providers [CC Docket No.
95-185]; Area Code Relief Plan for Dallas and Houston,
Ordered by the Public Utility Commission of Texas [NSD File
No. 96-8]; Administration of the North American Numbering
Plan [CC Docket No. 92-237]; and Proposed 708 Relief Plan and
630 Numbering Plan Area Code by Ameritech-Illinois [IAD File
No. 94-102] received August 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4610. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Shingletown, California)
[MM Docket No. 95-51, RM-8591] received August 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4611. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of the Telecommunications Act of
1996: Telecommunications Carriers' Use of Customer
Proprietary Network Information; Use of Data Regarding Alarm
Monitoring Service Providers [CC Docket No. 96-115] received
August 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4612. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of the Local Competition
Provisions in the Telecommunications Act of 1996 [CC Docket
No. 96-98] and Interconnections between Local Exchange
Carriers and Commercial Mobile Radio Service Providers [CC
Docket No. 95-185] received August 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4613. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of the Commission's Rules to Permit
Flexible Service Offerings in the Commercial Mobile Radio
Services [WT Docket No. 96-6] received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4614. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 1.420(f) of the Commission's
Rules Concerning Automatic Stays of Certain Allotment Orders
[MM Docket No. 95-110] received August 21, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4615. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b) Table of
Allotments, FM Broadcast Stations (Willows, California) [MM
Docket No. 94-126; RM-8531] received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4616. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Policies & Rulings Concerning Children's
Television Programming/Revision of Programming Policies for
Television Broadcast Stations [MM Docket No. 93-48; FCC 96-
335] received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4617. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b) Table of
Allotments, FM Broadcast Stations (Las Vegas, New Mexico) [MM
Docket No. 95-161; RM-8709] received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4618. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Medical Devices; Reporting; Baseline Reports; Stay of
Effective Date [Docket No. 91N-0295] (RIN: 0910-AA09)
Received August 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4619. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Food Standards: Amendment of Standards of Identity for
Enriched Grain Products to Require Addition of Folic Acid;
Correction [Docket No. 91N-100S] (RIN: 0910-AA19) received
August 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4620. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Food Labeling: Guidelines for Voluntary Nutrition
Labeling of Raw Fruits, Vegetables, and Fish; Identification
of the 20 Most Frequently Consumed; and Policy for Data Base
Review for Voluntary and Mandatory Nutrition Labeling [Docket
No. 94N-0155] (RIN: 0910-AA19) received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4621. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Codes and Standards for Nuclear
Power Plants (RIN: 3150-AC93) received August 7, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4622. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Deletion of Outdated References and
Minor Change (RIN: 3150-AF43) received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4623. A letter from the Acting Chairman, Nuclear Regulatory
Commission, transmitting a report on the nondisclosure of
safeguards information for the quarter ending June 30, 1996,
pursuant to 42 U.S.C. 2167(e); to the Committee on Commerce.
4624. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Food
Labeling; Nutrient Content Claims and Health Claims;
Restaurant Foods (Food and Drug Administration) [Docket No.
93N-0153] (RIN: 0910-AA19) received August 7, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4625. A letter from the Secretary of Health and Human
Services, transmitting the Department's ``Major'' final
rule--Regulatory Impact Analysis of the Final Rules to Amend
the Food Labeling Regulations (Food and Drug Administration)
[Docket No. 91N-0219] (RIN: 0905-AD08) received August 6,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4626. A letter from the Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Australia
(Transmittal No. 26-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
4627. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
project concerning a joint U.S./Canadian effort to modernize
existing Joint Surveillance System R/SAOC computing and
display capabilities to better support NORAD missions
(Transmittal No. 15-96) received August 6, 1996, pursuant to
22 U.S.C. 2767(f); to the Committee on International
Relations.
4628. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
project concerning the development of a common set of
Electronic Countermeasure (ECM) simulations with Australia
(Transmittal No. 17-96) received August 21, 1996, pursuant to
22 U.S.C. 2767(f); to the Committee on International
Relations.
4629. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to the Taipei Economic and Cultural
Representative Office for defense articles and services
(Transmittal No. 96-72), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4630. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of an umbrella
cooperative project with Sweden covering future collaboration
on research, exploratory development, and advanced
development whose maturation may lead to technologically
superior conventional weapon systems (Transmittal No. 16-96)
received August 28, 1996, pursuant to 22 U.S.C. 2767(f); to
the Committee on International Relations.
4631. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting a copy
of the Secretary's determination and justification to
exercise the authority granted him under section 451 of the
Foreign Assistance Act of 1961, as amended, authorizing
assistance to support Pakistan's contribution to the
voluntary military contingent in Haiti, pursuant to 22 U.S.C.
2261(a)(2); to the Committee on International Relations.
4632. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-41: Suspending Restrictions
on U.S. Relations With the Palestine Libera
[[Page 2131]]
tion Organization, pursuant to Public Law 104-107, section
604(b)(1) (110 Stat. 756); to the Committee on International
Relations.
4633. A communication from the President of the United
States, transmitting a report on actions and expenses
directly related to the exercise of powers and authorities
conferred by the declaration of a national emergency with
respect to organizations that disrupt the Middle East peace
process, pursuant to 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c)
(H. Doc. No. 104-253); to the Committee on International
Relations and ordered to be printed.
4634. A communication from the President of the United
States, transmitting a report on developments since his last
report of February 9, 1996, concerning the national emergency
with respect to Iraq that was declared in Executive Order No.
12722 of August 2, 1990, pursuant to 50 U.S.C. 1641(c) and 50
U.S.C. 1703(c) (H. Doc. No. 104-254); to the Committee on
International Relations and ordered to be printed.
4635. A communication from the President of the United
States, transmitting notification that the emergency
regarding export control regulations is to continue in effect
beyond August 19, 1996, pursuant to 50 U.S.C. 1622(d) (H.
Doc. No. 104-255); to the Committee on International
Relations and ordered to be printed.
4636. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
4637. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
4638. A letter from the Chief Counsel, Office of Foreign
Assets Control, Department of the Treasury, transmitting the
Department's final rule--Blocked Persons, Specially
Designated Nationals, Specially Designated Terrorists,
Specially Designated Narcotics Traffickers, and Blocked
Vessels; Correction and Removal of Entry (31 CFR Chapter V)
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on International Relations.
4639. A letter from the Chief Counsel, Office of Foreign
Assets Control, Department of the Treasury, transmitting the
Department's final rule--Foreign Assets Control Regulations,
Cuban Assets Control Regulations, Iranian Assets Control
Regulations, Libyan Assets Control Regulations, Iranian
Transactions Regulations, Iraqi Sanctions Regulations;
Implementation of Section 321 of the Antiterrorism and
Effective Death Penalty Act of 1996 (31 CFR Parts 500, 515,
535, 550, 560, and 575) received August 21, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on International
Relations.
4640. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-334,
``Comprehensive Merit Personnel Act Health and Life Insurance
Clarification Amendment Temporary Act of 1996'' received
August 29, 1996, pursuant to D.C. Code, section 1-233(c)(1);
to the Committee on Government Reform and Oversight.
4641. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-317, ``Child
Support Enforcement Amendment Act of 1996'' received August
29, 1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4642. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-316,
``Commission on Mental Health Services Psychologists
Protection Amendment Act of 1996'' received August 29, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4643. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-315, ``Upper
Room Baptist Church Equitable Real Property Tax Relief Act of
1996'' received August 29, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4644. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-314, ``St.
Matthew's Evangelical Lutheran Church Equitable Real Property
Tax Relief Act of 1996'' received August 29, 1996, pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
4645. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-312, ``Holy
Comforter Episcopal Church, Saint Andrews Parish Equitable
Real Property Tax Relief Act of 1996'' received August 29,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4646. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-311,
``Simpson-Hamline United Methodist Church Equitable Real
Property Tax Relief Act of 1996'' received August 29, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4647. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-310, ``Rhema
Christian Center Property Tax Relief Act of 1996'' received
August 29, 1996, pursuant to D.C. Code, section 1-233(c)(1);
to the Committee on Government Reform and Oversight.
4648. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-331,
``Establishment of the John A. Wilson Building Foundation Act
of 1996'' received August 29, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4649. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-329,
``Juvenile Detention and Speedy Trial Act of 1996'' received
August 29, 1996, pursuant to D.C. Code, section 1-233(c)(1);
to the Committee on Government Reform and Oversight.
4650. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-328,
``Bicyclist Responsibility Regulation Amendment Act of 1996''
received August 29, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4651. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-327,
``Vending Site Lottery Assignment Amendment Act of 1996''
received August 29, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4652. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-326,
``Abatement of Controlled Dangerous Substances Nuisance
Amendment Act of 1996'' received August 29, 1996, pursuant to
D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
4653. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-325, ``Free
Clinic Assistance Program Extension Amendment Act of 1996''
received August 29, 1996, pursuant to D.C. Code section 1-233
(c)(1); to the Committee on Government Reform and Oversight.
4654. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-309,
``Mortgage Lender and Broker Act of 1996'' received August
29, 1996, pursuant to D.C. Code, section 1-233 (c)(i); to the
Committee on Government Reform and Oversight.
4655. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-353, ``Tax
Lien Assignment and Sale Amendment Act of 1996'' received
August 29, 1996, pursuant to D.C. Code section 1-233 (c)(1);
to the Committee on Government Reform and Oversight.
4656. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-322,
``Expulsion of Students Who Bring Weapons Into Public Schools
Temporary Act of 1996'' received August 29, 1996, pursuant to
D.C. Code, section 1-233 (c)(1); to the Committee on
Government Reform and Oversight.
4657. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-323,
``Expulsion of Students Who Bring Weapons Into Public Schools
Act of 1996'' received August 29, 1996, pursuant to D.C.
Code, section 1-233 (c)(1); to the Committee on Government
Reform and Oversight.
4658. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-321, ``Anti-
Loitering/Drug Free Zone Act of 1996'' received August 29,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4659. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-320, ``Early
Intervention Services Sliding Fee Scale Establishment Act of
1996'' received August 29, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4660. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-318,
``Community Development Corporations Money Lender License Tax
Exemption Amendment Act of 1996'' received August 29, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4661. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-337,
``Highway Trust Fund Establishment Act and the Water and
Sewer Authority Amendment Act of 1996'' received September 3,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4662. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-333,
``District of Columbia Income and Franchise Tax Act of 1947
Conformity Amendment Act of 1996'' received September 3,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4663. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-349, ``Oak
Hill Youth Center Educational Contracting Temporary Act of
1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4664. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-354, ``Board
of Real Property Assessments and Appeals Membership
Qualification Act of 1996'' received September 3, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4665. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-347, ``Health
Services Planning Program Re-establishment Act of
[[Page 2132]]
1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4666. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-359,
``Housing Finance Agency Loan Forgiveness Amendment Act of
1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4667. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-343,
``Council Contract Approval Modification Temporary Amendment
Act of 1995 Temporary Amendment Act of 1996'' received
September 3, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4668. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-342,
``International Registration Plan Agreement Temporary
Amendment Act of 1996'' received September 3, 1996, pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
4669. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-341,
``District of Columbia Employee Viatical Settlement Temporary
Amendment Act of 1996'' received September 3, 1996, pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
4670. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-339, ``Fire
Code Amendment Act of 1996'' received September 3, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4671. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-338,
``Business Corporation Two-Year Report Amendment Act of
1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4672. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-360, ``Fiscal
Year 1997 Budget Support Act of 1996'' received September 3,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4673. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-361,
``Adjustment Process for Nonviolent Juvenile Offenders and
Parent Participation in Court-Ordered Proceedings Act of
1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4674. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-362,
``Commercial Counterfeiting Criminalization Act of 1996''
received September 3, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4675. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-364,
``Boating While Intoxicated Temporary Act of 1996'' received
September 3, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4676. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-367,
``Medicare Supplemental Insurance Minimum Standards Amendment
Act of 1996'' received September 3, 1996, pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
4677. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-370,
``Closing of Public Alleys and Abandonment and Establishment
of Easements in Square 878, S.O. 93-58, Act of 1996''
received September 3, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4678. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-358,
``Extension of the Moratorium on Retail Service Station
Conversions and the Gas Station Advisory Board Amendment Act
of 1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4679. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-355, ``Holy
Comforter-Saint Cyprian Roman Catholic Church Equitable Real
Property Tax Relief Act of 1996'' received September 3, 1996,
pursuant to D.C. Code, section 1-233(c)(1); to the Committee
on Government Reform and Oversight.
4680. A letter from the District of Columbia Auditor,
transmitting a copy of a report entitled ``Financial and
Administrative Audit of the LaShawn Limited and General
Receiverships,'' pursuant to D.C. Code, section 47-117(d); to
the Committee on Government Reform and Oversight.
4681. A letter from the District of Columbia Auditor,
transmitting a copy of a report entitled ``Evaluation of the
Management and Financial Systems for Federal Grants,''
pursuant to D.C. Code, section 47-117(d); to the Committee on
Government Reform and Oversight.
4682. A letter from the District of Columbia Auditor,
transmitting a copy of a report entitled ``Review of
Implementation of the D.C. Depository Act During Fiscal Years
1994 and 1995,'' pursuant to D.C. Code, section 47-117(d); to
the Committee on Government Reform and Oversight.
4683. A letter from the District of Columbia Auditor,
transmitting a copy of a report entitled ``Review of the
District of Columbia Public Schools' Official Membership
Count Procedures'', pursuant to D.C. Code, section 47-117(d);
to the Committee on Government Reform and Oversight.
4684. A letter from the District of Columbia Auditor,
transmitting a copy of a report entitled ``Review of Check
Generation and Vendor File Procedures For Non-FMS
Disbursements'', pursuant to D.C. Code, section 47-117(d); to
the Committee on Government Reform and Oversight.
4685. A letter from the Comptroller General of the United
States, transmitting a list of all reports issued or released
in June 1996, pursuant to 31 U.S.C. 719(h); to the Committee
on Government Reform and Oversight.
4686. A letter from the Manager, Employee Benefits/Payroll,
AgriBank FCB, transmitting the annual report disclosing the
financial condition of the Retirement Plan for the Employees
of the Seventh Farm Credit District, pursuant to 31 U.S.C.
9503(a)(1)(B); to the Committee on Government Reform and
Oversight.
4687. A letter from the Executive Director, Committee for
Purchase From People who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List [I.D. 96-003] received August 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4688. A letter from the Executive Director, Committee For
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List--received August 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
4689. A letter from the Comptroller General of the United
States, transmitting the GAO's monthly listing of new
investigations, audits, and evaluations, pursuant to Public
Law 102-90; to the Committee on Government Reform and
Oversight.
4690. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-332,
``Nonprofit Corporation Two-Year Report Amendment Act of
1996'' received September 3, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4691. A letter from the Senior Vice President for Business
Services, Farm Credit Bank of Texas, transmitting the annual
report for the Farm Credit Bank of Texas Pension Plan for
1995, pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee
on Government Reform and Oversight.
4692. A letter from the Benefits Manager for Thrift and
Pension, Farm Credit Bank of Texas, transmitting the annual
report for the Farm Credit Bank of Texas Thrift Plus Plan for
1995, pursuant to 31 U.S.C. 9503(a)(1)(B); to the Committee
on Government Reform and Oversight.
4693. A letter from the Vice Chairman, Federal Election
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
4694. A letter from the Executive Director, Federal
Retirement Thrift Investment Board, transmitting the Board's
final rule--Nonappropriated Fund Employees (5 CFR Part 1620)
received August 14, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Government Reform and Oversight.
4695. A letter from the Executive Director, Federal
Retirement Thrift Investment Board, transmitting the Board's
final rule--Allocation of Earnings (5 CFR Part 1645) received
August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4696. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Introduction of Miscellaneous
Amendments (National Aeronautics and Space Administration)
[Federal Acquisition Circular 90-41] received August 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4697. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Information Technology Management
Reform Act of 1996 (ITMRA) (National Aeronautics and Space
Administration) [FAR Case 96-319] received August 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4698. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Compliance with Immigration and
Nationality Act Provisions (Interim) (National Aeronautics
and Space Administration) [FAR Case 96-320] received August
6, 1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to the Committee
on Government Reform and Oversight.
4699. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Federal Acquisition
[[Page 2133]]
and Community Right-to-Know (National Aeronautics and Space
Administration) [FAR Case 95-305] received August 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4700. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Restrictions on Certain Foreign
Purchases (National Aeronautics and Space Administration)
[FAR Case 95-303] received August 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Government Reform
and Oversight.
4701. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Legal Proceedings Costs (National
Aeronautics and Space Administration) [FAR Case 93-010]
received August 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Government Reform and Oversight.
4702. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Small Entity Compliance Guide
(National Aeronautics and Space Administration) [FAC 90-41]
received August 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Government Reform and Oversight.
4703. A letter from the Chairman, Merit Systems Protection
Board, transmitting the Board's report entitled ``Fair &
Equitable Treatment: A Progress Report on Minority Employment
in the Federal Government,'' pursuant to 5 U.S.C. 1204(a)(3);
to the Committee on Government Reform and Oversight.
4704. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Elections
of Retirement Coverage By Current and Former Nonappropriated
Fund Employers (RIN: 3206-AH57) received August 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4705. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Pay Under
the General Schedule; Locality Pay Areas for 1997 (RIN: 3206-
AG88) received August 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
4706. A letter from the Secretary of Energy, transmitting
notification that it is in the public interest to use other
than competitive procedures to facilitate the privatization
of the Western Environmental Technology Office [WETO] in
Butte, MT, pursuant to 41 U.S.C. 253(c)(7); to the Committee
on Government Reform and Oversight.
4707. A letter from the Vice Chairman, Federal Election
Commission, transmitting proposed regulations governing
Electronic Filing of Reports by Political Committees,
pursuant to 2 U.S.C. 438(d); to the Committee on House
Oversight.
4708. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
4709. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
4710. A letter from the Acting Assistant Secretary for Land
and Minerals Management, Department of the Interior,
transmitting notice on leasing systems for the western Gulf
of Mexico, Sale 161, scheduled to be held in September 1996,
pursuant to 43 U.S.C. 1337(a)(8); to the Committee on
Resources.
4711. A letter from the Acting Assistant Secretary for Land
and Minerals Management, Department of the Interior,
transmitting notice on leasing systems for the Beaufort Sea,
Sale 144, scheduled to be held in September 1996, pursuant to
43 U.S.C. 1337(a)(8); to the Committee on Resources.
4712. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting;
Extension of Decision on the Conditional Approval of Bismuth-
Tin Shot as Nontoxic for the 1996-97 Season (RIN: 1018-AD41)
received August 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
4713. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Indiana Dunes National
Lakeshore, Zoning Standards (RIN: 1024-AC51) received August
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4714. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Use of Environman and Human
Figure and Design Symbol (RIN: 1024-AC50) received August 21,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4715. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Endangered Status for
Three Plants from the Island of Nihoa, Hawaii (RIN: 1018-
AB88) received August 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4716. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Atlantic Tuna Fisheries; Closure [I.D. 072996C] received
August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4717. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area;
Sharpchin/Northern Rockfish Species Group in the Aleutian
Islands Subarea [Docket No. 960129019-6019-01] received
August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4718. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; Pacific Ocean Perch in the
Eastern Regulatory Area [Docket No. 960129018-6018-01]
received August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
4719. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Gulf of Alaska; ``Other Rockfish'' Species
Group in the Eastern Regulatory Area [Docket No. 960129018-
6018-01 I.D. 072696B] received August 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4720. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area; Atka
Mackerel in the Central and Eastern Aleutian District and the
Bering Sea Subarea [Docket No. 960129019-6019-01] received
August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4721. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries off the West Coast States and in the Western
Pacific; Western Pacific Crustacean Fisheries; 1996 Closures
[Docket No. 960401094-6183-02] received August 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4722. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish in the Eastern Gulf of Alaska [Docket No. 960129018-
6018-01; I.D. 073196A] received August 6, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4723. A letter from the Acting Deputy Assistant
Administrator for Fisheries, National Marine Fisheries
Service, transmitting the Service's final rule--Fisheries of
the Northeastern United States; Northeast Multispecies
Fishery; Amendment 7; Open Access Nonregulated Multispecies
Permit [Docket No. 960216032-6197-06; I.D. 052196A] (RIN:
0648-AH70) received August 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4724. A letter from the Acting Deputy Assistant
Administrator for Fisheries, National Marine Fisheries
Service, transmitting the Service's final rule--Fisheries of
the Exclusive Economic Zone Off Alaska; Delay of the Pollock
Season [Docket No. 96063156-6204-02; I.D. 052896A] (RIN:
0648-AI58) received August 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4725. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Groundfish of
the Bering Sea and Aleutian Islands Area; Pacific Cod by
Vessels Using Trawl Gear [Docket No. 960129019-6019-01; I.D.
061096A] received August 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4726. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Groundfish of the Bering Sea and Aleutian Islands Area;
Species in the Rock Sole/Flathead Sole/``Other Flatfish''
Fishery Category [Docket No. 960129019-6019-01; I.D. 073096A]
received August 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
4727. A letter from the Acting Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Exclusive Economic Zone Off
Alaska; Addition of Akutan to List of Eligible Communities
[Docket No. 960501122-6213-02; I.D. 042596A] (RIN: 0648-AI46)
received August 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
4728. A letter from the Acting Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Exclusive Economic Zone Off
Alaska; Improve Individual Fishing Quota Program [Docket No.
960401095-6212-02; I.D. 032596A] (RIN: 0648-AH61) received
August 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4729. A letter from the Acting Director, Officer of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska [Docket
No. 960129018-6018-01; I.D. 080596A] received August 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4730. A letter from the Acting Director, Office of
Fisheries Conservation and Manage
[[Page 2134]]
ment, National Marine Fisheries Service, transmitting the
Service's final rule--Fisheries Off West Coast States and in
the Western Pacific; West Coast Salmon Fisheries; Inseason
Adjustments from the U.S.-Canadian Border to Cape Falcon, OR
[Docket No. 960126016-6121-04; I.D. 072396C] received August
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4731. A letter from the Acting Director, Officer of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska [Docket
No. 960129018-6018-01; I.D. 080596B] received August 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4732. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Central Aleutian District/D [Docket No.
960129019-6019-01; I.e. 080296B] received August 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4733. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Eastern Aleutian District and Bering Sea
Subarea [Docket No. 96019019-6019-01; I.D. 080296A] received
August 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4734. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries Off West Coast States and in the Western Pacific;
West Coast Salmon Fisheries; Inseason Adjustments from the
U.S.-Canadian Border to Leadbetter Point, WA [Docket No.
960126016-6121-04; I.D. 080596D] received August 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4735. A letter from the Acting Director, Office of
Fisheries Conservation and Management, National Marine
Fisheries Service, transmitting the Service's final rule--
International Fishing Regulations; 1996 Halibut Report No. 6
[Docket No. 960111003-6068-03; I.D. 080796A] received August
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4736. A letter from the Acting Director, Office of
Fisheries Management and Conservation, National Marine
Fisheries Service, transmitting the Service's final rule--
Atlantic Tuna Fisheries; Atlantic Bluefin Tuna [I.D. 081496A]
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
4737. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Wyoming Regulatory
Program [SPATS No. WY-026] received August 21, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
4738. A letter from the Director, Office of Surface Mining
Reclamation and Enforcement, transmitting the Office's final
rule--Virginia Regulatory Program [PVA-107-FOR] received
August 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4739. A letter from the Acting Assistant Secretary of
Commerce and Acting Commissioner of Patents and Trademarks,
Department of Commerce, transmitting the Department's final
rule--Revision of Patent Fees for Fiscal Year 1997 (Patent
and Trademark Office) [Docket No. 960417113-6186-02] (RIN:
0651-AA82) received August 7, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
4740. A letter from the Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks, Department of
Commerce, transmitting the Department's final rule--
Miscellaneous Changes in Patent Practice [Docket No.
950620162-6014-02] (RIN: 0651-AA75) received August 14, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
4741. A letter from the Executive Assistant to the
Director, United States Secret Service, transmitting the
Service's final rule--Color Illustrations of United States
Currency (Treasury Directive No. 15-56) received August 13,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
the Judiciary.
4742. A letter from the Secretary of Transportation,
transmitting the Department's report entitled ``Regulatory
Actions Affecting Tourist Railroads,'' pursuant to Public Law
103-440, section 217 (108 Stat. 4624); to the Committee on
Transportation and Infrastructure.
4743. A letter from the Assistant Secretary of the Army for
Civil Works, Department of the Army, transmitting a draft of
proposed legislation to modify the project for inland
navigation at Grays Landing Lock and Dam, Monongahela River,
PA; to the Committee on Transportation and Infrastructure.
4744. A letter from the Assistant Secretary of the Army for
Civil Works, Department of the Army, transmitting a draft of
proposed legislation to modify the project for flood control
at Saw Mill Run, Pittsburgh, PA, to authorize the Secretary
of the Army to construct the project at a total cost of
$12,780,000; to the Committee on Transportation and
Infrastructure.
4745. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--IFR
Altitudes; Miscellaneous Amendments (Federal Aviation
Administration) [Docket No. 28621; Amdt. No. 397] received
August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4746. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of V-2 and V-14; NY (Federal Aviation
Administration) [Airspace Docket No. 95-ANE-11] (RIN: 2110-
AA66) received August 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4747. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28645; Amdt. No. 1744] (RIN: 2120-AA65) received August 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4748. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28644; Amdt. No. 1743] (RIN: 2120-AA65) received August 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4749. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace, Boone, IA (Federal Aviation
Administration) [Docket No. 96-ACE-6] (RIN: 2120-AA66) (1996-
0105) received August 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4750. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace, Seward, NE (Federal Aviation
Administration) [Docket No. 96-ACE-10] (RIN: 2120-AA66)
(1996-0104) received August 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4751. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace, Sioux City, IA (Federal
Aviation Administration) [Docket No. 96-ACE-11] (RIN: 2120-
AA66) (1996-0103) received August 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4752. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment of Class E Airspace; New York, NY (Federal Aviation
Administration) [Airspace Docket No. 96-AEA-03] (RIN: 2120-
AA66) (1996-0109) received August 8, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4753. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Libby, MT (Federal
Aviation Administration) [Airspace Docket No. 96-ANM-013]
(RIN: 2120-AA66) (1996-0108) received August 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4754. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Grants Pass, Oregon
(Federal Aviation Administration) [Airspace Docket No. 96-
ANM-012] (RIN: 2120-AA66) (1996-0107) received August 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4755. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Menomonie, WI (Federal
Aviation Administration) [Airspace Docket No. 96-AGL-4](RIN:
2120-AA66) (1996-0090) received August 8, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4756. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; The New Piper Aircraft, Inc.
(formerly Piper Aircraft Corporation) Models PA31, PA31-300,
PA31-325, and PA31-350 Airplanes; Correction (Federal
Aviation Administration) [Docket No. 90-CE-60-AD; Amendment
39-9654; AD 96-12-12] received August 8, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4757. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 1000, 2000,
3000, and 4000 Series Airplanes, and Model F28 Mark 0100
Series Airplanes (Federal Aviation Administration) [Docket
No. 95-NM-87AD; Amendment 39-9706; AD 96-15-05] (RIN: 2120-
AA64) received August 8, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4758. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Hamilton Standard Model 14RF-9
Propellers (Federal Aviation Administration), [Docket No. 96-
ANE-04; Amendment 39-9705, AD 96-08-01 R1] (RIN: 2120-AA64)
received August 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4759. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Anchorage Areas; Ashley River, Charleston, SC (U.S.
[[Page 2135]]
Coast Guard) (RIN: 2115-AA98) received August 5, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4760. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Facilities Transferring Oil or Hazardous Materials in Bulk
(U.S. Coast Guard) [CGD 93-056] (RIN: 2115-AE59) received
August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4761. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28658; Amdt. No. 1746] RIN: 2120-AA65) received August 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4762. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28659; Amdt. No. 1747] RIN: 2120-AA65) received August 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4763. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
amendments (Federal Aviation Administration) [Docket No.
28657; Amdt. No. 1745] (RIN: 2120-AA65) received August 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4764. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Changes to Restricted Areas R-6302A, B, C, D, and E, Fort
Hood, TX (Federal Aviation Administration) [Airspace Docket
No. 96-ASW-16] (RIN: 2120-AA66) received August 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4765. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of class E Airspace; Coolidge, AZ (Federal
Aviation Administration) [Airspace Docket No. 95-AWP-40]
received August 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4766. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of class E Airspace; Dexter, ME (Federal
Aviation Administration) [Airspace Docket No. 96-ANE-23]
received August 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4767. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech (Raytheon) Model Hawker 1000
and BAe 125-1000A Series Airplanes (Federal Aviation
Administration) [Docket No. 96-NM-54-AD; Amendment 39-9718;
AD 96-17-09] received August 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4768. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech Model 400, 400A, MU-300-10,
and 2000 Airplanes, and Model 200, B200, 300, and B300 Series
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-255-AD; Amendment 39-9719; AD 96-17-10] (RIN 2120-AA64)
received August 19, 1996, pursuant to 5 U.S.C. 801 (a)(1)(A);
to the Committee on Transportation and Infrastructure.
4769. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Raytheon Aircraft Corporation Model
1900D Airplanes [Docket No. 96-CE-41-AD; Amendment 39-9720;
AD 96-15-01] (RIN 2120-AA64) received August 19, 1996,
pursuant to 5 U.S.C. 801 (a)(1)(A); to the Committee on
Transportation and Infrastructure.
4770. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A310 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-241-AD;
Amendment 39-9715; AD 96-17-06] (RIN: 2120-AA64) Received
August 19, 1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to the
Committee on Transportation and Infrastructure.
4771. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-8 Series
Airplanes Equipped with Swivel-Type Bogie Beams on the Main
Landing Gears (Federal Aviation Administration) [Docket No.
95-NM-115-AD; Amendment 39-9716; AD 96-17-07] (RIN: 2120-
AA64) received August 19, 1996, pursuant to 5 U.S.C. 801
(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4772. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-10-10, -
15, -30, -40 and KC-10A (Military) Series Airplanes (Federal
Aviation Administration) [Docket No. 95-NM-177-AD; Amendment
39-9717; AD 96-17-08] received August 19, 1996, pursuant to 5
U.S.C. 801 (a)(1)(A); to the Committee on Transportation and
Infrastructure.
4773. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; AlliedSignal Inc. Model T5313B
Turboshaft Engines (Federal Aviation Administration) [Docket
No. 96-ANE-21; Amendment 39-9709, AD 96-17-01] (RIN: 2120-
AA64) received August 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4774. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Oxford, ME (Federal
Aviation Administration) [Airspace Docket No. 96-ANE-22]
received August 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4775. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-192-AD;
Amendment 39-9711; AD 96-17-03] (RIN: 2120-AA64) received
August 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4776. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; General Electric Company (GE) CF-6-
80C2 Series Turbofan Engines (Federal Aviation
Administration) [Docket No. 96-ANE-16; Amendment 39-9707, AD
96-16-07] (RIN: 2120-AA64) received August 12, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
4777. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of VOR Federal Airways; TX (Federal Aviation
Administration) [Airspace Docket No. 93-ASW-4] (RIN: 2120-
AA66) received August 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4778. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of VOR Federal Airways, TX (Federal Aviation
Administration) [Airspace Docket No. 93-ASW-5] (RIN: 2120-
AA66) received August 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4779. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Menomonie, WI (Federal
Aviation Administration) [Airspace Docket No. 96-AGL-4]
received August 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4780. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 727-100 and-200 Series
Airplanes With a Main Desk Cargo Door Installed in Accordance
with Supplemental Type Certificate (STC) SA1797SO (Federal
Aviation Administration) [Docket No. 96-NM-157-AD; Amendment
39-9708; AD 96-16-08] (RIN: 2120-AA64) received August 12,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4781. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 737-100 and -200
Series Airplanes (Federal Aviation Administration) [Docket
No. 96-NM-4-AD; Amendment 39-9712; AD 96-17-04] (RIN: 2120-
AA64) received August 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4782. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 757 Series Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-195-AD;
Amendment 39-9710; AD 96-17-02] received August 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4783. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of VOR Federal Airways; TX [Airspace Docket No.
93-ASW-4] (RIN: 2120-AA66) received August 22, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
4784. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Alteration of VOR Federal Airways; TX [Airspace Docket No.
93-ASW-5] (RIN: 2120-AA66) received August 22, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
4785. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Teledyne Continental Motors
(formerly Bendix) S-20, S-1200, D-2000, and D-3000 Series
Magnetos (Federal Aviation Administration) [Docket No. 93-
ANE-07; Amendment 39-9649; AD 96-12-07] received August 22,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4786. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Hartzell Propeller Inc. HC-B3TN,
HC-B5MP, HC-E4A, and HC-D4N Series Propellers (Federal
Aviation Administration) [Docket No. 96-ANE-18; Amendment 39-
9697; AD 96-15-04] received August 22, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
[[Page 2136]]
4787. A letter from the Chairman, Railroad Retirement
Board, transmitting a draft of proposed legislation entitled
``Railroad Unemployment Insurance Act Debt Collection
Improvement Act of 1996''; to the Committee on Transportation
and Infrastructure.
4788. A letter from the Assistant Secretary (Civil Works),
the Department of the Army, transmitting a letter from the
Chief of Engineers, Department of the Army dated November 15,
1994, submitting a report with accompanying papers and
illustrations (H. Doc. No. 104-257); to the Committee on
Transportation and Infrastructure and ordered to be printed.
4789. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Appeals Regulations, Rules of
Practice: Hearings before the Board of Veterans' Appeals at
Department of Veterans Affairs Field Facilities (RIN: 2900-
AI11) received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
4790. A communication from the President of the United
States, transmitting notification of the designations of
Marcia E. Miller as Chair and Lynn M. Bragg as Vice Chair of
the U.S. International Trade Commission, effective August 5,
1996, pursuant to 19 U.S.C. 1330(c)(1); to the Committee on
Ways and Means.
4791. A letter from the Attorney-Advisor and Federal
Register Certifying Officer, Department of the Treasury,
transmitting the Department's final rule--Depositaries for
Federal Taxes (RIN: 1510-AA54) received August 21, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
4792. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Effective Date Extension for Certain Payors Revising Their
Substitute Forms W-9 (Announcement 96-77) received August 8,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
4793. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Time
for Performance of Acts Where Last Day Falls on Saturday,
Sunday, or Legal Holiday [TD 8681] (RIN: 1545-AT22) received
August 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
4794. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Administrative, Procedural, and Miscellaneous (Revenue
Procedure 96-43) received August 21, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4795. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Salvage Discount Factors for Each Property and Casualty Line
of Business for the 1996 Accident Year (Revenue Procedure 96-
45) received August 21, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
4796. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Loss
Payment Patterns and Discount Factors for the 1996 Accident
Year (Revenue Procedure 96-44) received August 21, 1996,
pursuant to 5 U.S.C. 8019(a)(1)(A); to the Committee on Ways
and Means.
4797. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Issue Price in the Case of Certain Debt
Instruments Issued for Property (Revenue Ruling 96-43)
received August 21, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
4798. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Reduction
of Reporting Requirements for the State Systems Advance
Planning Document (APD) Process (RIN: 0970-AB46) received
August 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
4799. A letter from the Chief, Regulations Branch, U.S.
Customs Service, transmitting the Service's final rule--
Emissions Standards for Imported Nonroad Engines (RIN: 1515-
AB94) received August 22, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
4800. A letter from the Chairman, U.S. International Trade
Commission, transmitting the 47th report on the operation of
the U.S. trade agreements program during 1995, pursuant to 19
U.S.C. 2213(b); to the Committee on Ways and Means.
4801. A letter from the Comptroller General of the United
States, transmitting the Comptroller General's report on GAO
employees detailed to congressional committees as of July 19,
1996, pursuant to Public Law 101-520; jointly, to the
Committees on Appropriations and Government Reform and
Oversight.
4802. A letter from the Secretary of Energy, transmitting
the third annual report on building energy efficiency
standards activities, pursuant to Public Law 102-486, section
101(a) (106 Stat. 2786); jointly, to the Committee on
Commerce and Transportation and Infrastructure.
4803. A letter from the Chair of the Board, Office of
Compliance, transmitting a notice for publication in the
Congressional Record, pursuant to 2 U.S.C. 1384(b); jointly,
to the Committees on House Oversight and Economic and
Educational Opportunities.
4804. A letter from the Assistant Secretary for Pension and
Welfare Benefits, Department of Labor, transmitting the
Department's final rule--Class Exemption to Permit the
Restoration of Delinquent Participant Contributions to Plans
[Application No. D-10218] received August 5, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); jointly, to the Committees on Ways
and Means and Economic and Educational Opportunities.
4805. A letter from the Secretary of Health and Human
Services, transmitting the Department's recommendations for
the calendar year 1997 physician fee schedule update and
fiscal year 1997 Medicare Volume Performance Standards,
pursuant to Public Law 101-239, section 6102(a) (103 Stat.
2176); jointly, to the Committees on Ways and Means and
Commerce.
4806. A letter from the Secretary of Energy, transmitting a
comprehensive report on the Clean Coal Technology Program
entitled ``Clean Power from Integrated Coal/Ore Reduction
(CPICOR),'' pursuant to Public Law 102-154; jointly, to the
Committees on Commerce, Science, and Appropriations.
4807. A letter from the Secretary of Defense, transmitting
the second fiscal year 1995 semiannual report on program
activities to facilitate weapons destruction and
nonproliferation in the former Soviet Union, pursuant to 22
U.S.C. 5956; jointly, to the Committees on International
Relations, Appropriations, and National Security.
4808. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation to require the
Secretary of Veterans Affairs and the Secretary of Health and
Human Services to carry out a model project to provide the
Department of Veterans Affairs with Medicare reimbursement
for Medicare health-care services provided to certain
Medicare-eligible veterans; jointly, to the Committees on
Veterans' Affairs, Commerce, and Ways and Means.
para.101.3 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed with amendments bills of the House
of the following titles in which concurrence of the House is requested:
H.R. 2428. An Act to encourage the donation of food and
grocery products to nonprofit organizations for distribution
to needy individuals by giving the Model Good Samaritan Food
Donation Act the full force and effect of law; and
H.R. 3269. An Act to amend the Impact Aid program to
provide for a hold-harmless with respect to amounts for
payments relating to the Federal acquisition of real
property, and for other purposes.
The message further announced that the Senate agrees to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendments of the Senate to the bill (H.R. 3754) ``An Act making
appropriations for the Legislative Branch for the fiscal year ending
September 30, 1997, and for other purposes.''.
The message also announced that the Senate has passed bills and
concurrent resolutions of the following titles in which the concurrence
of the House is requested:
S. 1130. An Act to provide for the establishment of uniform
accounting systems, standards, and reporting systems in the
Federal Government, and for other purposes;
S. 1559. An Act to make technical corrections to title 11,
United States Code, and for other purposes;
S. 1662. An Act to establish areas of wilderness and
recreation in the State of Oregon, and for other purposes;
S. 1735. An Act to establish the United States Tourism
Organization as a nongovernmental entity for the purpose of
promoting tourism in the United States.
S. 1834. An Act to reauthorize the Indian Environmental
General Assistance Program Act of 1992, and for other
purposes;
S. 1873. An Act to amend the National Environmental
Education Act to extend the programs under the Act, and for
other purposes;
S. 1931. An Act to provide that the United States Post
Office and Courthouse building located at 9 East Broad
Street, Cookeville, Tennessee, shall be known and designated
as the ``L. Clure Morton United States Post Office and
Courthouse'';
S. Con. Res. 52. Concurrent resolution to recognize and
encourage the convening of a National Silver Haired Congress;
S. Con. Res. 68. Concurrent resolution to correct technical
errors in the enrollment of the bill, H.R. 3103; and
S. Con. Res. 70. Concurrent resolution to correct technical
errors in the enrollment of the bill, H.R. 1975.
The message also announced that pursuant to Public Law 104-132, the
Chair, on behalf of the minority leader, appoints Donald C. Dahlin, of
South Dakota, as a member of the Commission on the Advancement of
Federal Law Enforcement.
The message also announced that pursuant to Public Law 104-132, the
Chair, on behalf of the President pro tempore, appoints Robert M.
Stewart, of South Carolina, as a member of the Commission on the
Advancement of Federal Law Enforcement.
[[Page 2137]]
para.101.4 communication from the clerk--message from the senate
The SPEAKER laid before the House a communication, which was read as
follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, August 5, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Monday, August 5, 1996 at
2:35 p.m.: that the Senate agreed to conference report S.
1316, that the Senate passed without amendment H.R. 1975,
that the Senate agreed to conference report H.R. 3103, that
the Senate passed without amendment H.R. 3139, that the
Senate agreed to conference report H.R. 3448, that the Senate
passed without amendment H.R. 3680, that the Senate passed
without amendment H.R. 3834, that the Senate passed without
amendment H.R. 3870, that the Senate passed without amendment
H. Con. Res. 208.
With warm regards,
Robin H. Carle,
Clerk.
para.101.5 enrolled bills signed
The SPEAKER announced that pursuant to clause 4, rule I, he signed the
following enrolled bills on the following dates:
On August 2, 1996:
H.R. 782. An Act to amend title 18 of the United States
Code to allow members of employee associations to represent
their views before the United States Government.
H.R. 1316. An Act to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes.
On August 15, 1996:
H.R. 3734. An Act to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997.
The SPEAKER announced that pursuant to clause 4, rule I, the Speaker
pro tempore, Mr. WOLF, had signed the following enrolled bills on
Tuesday, August 6, 1996;
H.R. 1975. An Act to improve the management of royalties
from Federal and outer continental shelf oil and gas leases,
and for other purposes.
H.R. 2739. An Act to provide for a representational
allowance for Members of the House of Representatives, to
make technical and conforming changes to sundry provisions of
law in consequence of administrative reforms in the House of
Representatives, and for other purposes.
H.R. 3103. An Act to amend the internal revenue code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat wast, fraud, and abuse in health Insurance and health
care delivery, to promote the use of medical saving accounts,
to improve access to long-term care services and coverage, to
simplify the administration of health insurance, and for
other purposes.
H.R. 3139. An Act to redesignate the United States Post
Office Building located at 245 Centereach Mall on Middle
County Road in Centereach, New York, as the ``Rose Y.
Caracappa United States Post Office Building''.
H.R. 3448. An Act to provide tax relief for small business,
to protect jobs, to create opportunities, to increase the
take home pay for workers, to amend the Portal-To-Portal Act
of 1947 relating to the payment of wages to employees who use
employer owned vehicles, and to amend the Fair Labor
Standrads Act of 1939 to increase to minimum wage rate and to
prevent job loss by providing flexibility to employers in
complying with minimum wage and overtime requirements under
that act.
H.R. 3680. An Act to amend title 18, United States Code, to
carry out the international obligations of the United States
under the Geneva conventions to provide criminal penalties
for certain war crimes.
H.R. 3834. An Act to redesignate the Dunning Post Office in
Chicago, Illinois, as the ``Roger P. McAuliffe Post Office.''
H.R. 3870. An Act to authorize the Agency for International
Development to offer voluntary separation incentive payments
to employees of the agency.
para.101.6 subpoena
The SPEAKER pro tempore, Mr. WICKER, laid before the House the
following communication from the Chief Administrative Officer:
Chief Administrative Officer,
U.S. House of Representatives,
Washington, DC, August 22, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the United States District
Court for the Northern District of Illinois.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scot W. Faulkner,
Chief Administrative Officer.
para.101.7 subpoena
The SPEAKER pro tempore, Mr. WICKER, laid before the House the
following communication from Mr. Deutsch:
Congress of the United States,
U.S. House of Representatives,
Washington, DC, August 22, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court for the Seventeenth Judicial Circuit for Broward
County, Florida.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Peter Deutsch,
Member of Congress.
para.101.8 subpoena
The SPEAKER pro tempore, Mr. WICKER, laid before the House the
following communication from Mr. Collins of Georgia:
U.S. House of Representatives,
August 27, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by Superior Court of Muscogee
County, Georgia.
After consultation with the General Counsel, I will make
determinations required by Rule L.
Sincerely,
Mac Collins,
Member of Congress.
para.101.9 subpoena
The SPEAKER pro tempore, Mr. WICKER, laid before the House the
following communication from Mr. Tiahrt:
Congress of the United States,
House of Representatives,
Washington, DC, September 4, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the District Court of the
Eighteenth Judicial District for Sedgwick County, Kansas.
I am consulting with the General Counsel to determine
whether compliance with the subpoena is consistent with the
privileges and precedents of the House.
Sincerely,
Todd Tiahrt,
U.S. Congressman.
para.101.10 toll free consumer hotline
Mr. OXLEY, pursuant to the order of the House of August 1, 1996, moved
to suspend the rules and pass the bill (H.R. 447) to establish a toll
free number in the Department of Commerce to assist consumers in
determining if products are American-made; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. OXLEY and Mr.
MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. OXLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.101.11 ftc reauthorization
Mr. OXLEY, pursuant to the order of the House of August 1, 1996, moved
to suspend the rules and pass the bill (H.R. 3553) to amend the Federal
Trade Commission Act to authorize appropriations for the Federal Trade
Commission.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. OXLEY and Mr.
MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of
[[Page 2138]]
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.12 propane education and research
Mr. SCHAEFER, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 1514) to authorize
and facilitate a program to enhance safety, training, research, and
development, and safety education in the propane gas industry for the
benefit of propane consumers and the public, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. SCHAEFER and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.13 medicaid enrollment composition waiver
Mr. TAUZIN, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3871) to waive
temporarily the Medicaid enrollment composition rule for certain health
maintenance organizations.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. TAUZIN and Mr.
PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.14 impact aid technical amendments
Mr. CUNNINGHAM, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and agree to the following amendment of the
Senate to the bill (H.R. 3269) to amend the Impact Aid program to
provide for a hold-harmless with respect to amounts for payment relating
to the Federal acquisition of real property, and for other purposes:
Strike out all after the enacting clause and insert:
SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO
FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7702) is amended by adding at the end the
following new subsections:
``(g) Former Districts.--
``(1) In general.--Where the school district of any local
educational agency described in paragraph (2) is formed at
any time after 1938 by the consolidation of two or more
former school districts, such agency may elect (at any time
such agency files an application under section 8005) for any
fiscal year after fiscal year 1994 to have (A) the
eligibility of such local educational agency, and (B) the
amount which such agency shall be eligible to receive,
determined under this section only with respect to such of
the former school districts comprising such consolidated
school districts as such agency shall designate in such
election.
``(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is any local
educational agency that, for fiscal year 1994 or any
preceding fiscal year, applied for and was determined
eligible under section 2(c) of the Act of September 30, 1950
(Public Law 874, 81st Congress) as such section was in effect
for such fiscal year.
``(h) Hold-Harmless Amounts.--
``(1) In general.--Except as provided in paragraph (2)(A),
the total amount that the Secretary shall pay under
subsection (b) to a local educational agency that is
otherwise eligible for a payment under this section--
``(A) for fiscal year 1995 shall not be less than 85
percent of the amount such agency received for fiscal year
1994 under section 2 of the Act of September 30, 1950 (Public
Law 874, 81st Congress) as such section was in effect on
September 30, 1994; or
``(B) for fiscal year 1996 shall not be less than 85
percent of the amount such agency received for fiscal year
1995 under subsection (b).
``(2) Ratable reductions.--(A)(i) If necessary in order to
make payments to local educational agencies in accordance
with paragraph (1) for any fiscal year, the Secretary first
shall ratably reduce payments under subsection (b) for such
year to local educational agencies that do not receive a
payment under this subsection for such year.
``(ii) If additional funds become available for making
payments under subsection (b) for such year, then payments
that were reduced under clause (i) shall be increased on the
same basis as such payments were reduced.
``(B)(i) If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in all States are eligible to
receive under paragraph (1) after the application of
subparagraph (A) for such year, then the Secretary shall
ratably reduce payments under paragraph (1) to all such
agencies for such year.
``(ii) If additional funds become available for making
payments under paragraph (1) for such fiscal year, then
payments that were reduced under clause (i) shall be
increased on the same basis as such payments were reduced.''.
SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS.
(a) Payments.--Notwithstanding any other provision of law--
(1) the Bonesteel-Fairfax School District Number 26-5,
South Dakota, and the Wagner Community School District Number
11-4, South Dakota, shall be eligible to apply for payment
for fiscal year 1994 under section 3(d)(2)(B) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on September 30, 1994); and
(2) the Secretary of Education shall use a subgroup of 10
or more generally comparable local educational agencies for
the purpose of calculating a payment described in paragraph
(1) for a local educational agency described in such
paragraph.
(b) Application.--In order to be eligible to receive a
payment described in subsection (a), a school district
described in such subsection shall apply for such payment
within 30 days after the date of enactment of this Act.
(c) Construction.--Nothing in this section shall be
construed to require a local educational agency that received
a payment under section 3(d)(2)(B) of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section was
in effect on September 30, 1994) for fiscal year 1994 to
return such payment or a portion of such payment to the
Federal Government.
SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN
RESIDING ON MILITARY INSTALLATION HOUSING
UNDERGOING RENOVATION.
(a) In General.--Section 8003(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is
amended by adding at the end the following new paragraph:
``(4) Military installation housing undergoing
renovation.--For purposes of computing the amount of a
payment for a local educational agency for children described
in paragraph (1)(D)(i), the Secretary shall consider such
children to be children described in paragraph (1)(B) if the
Secretary determines, on the basis of a certification
provided to the Secretary by a designated representative of
the Secretary of Defense, that such children would have
resided in housing on Federal property in accordance with
paragraph (1)(B) except that such housing was undergoing
renovation on the date for which the Secretary determines the
number of children under paragraph (1).''.
(b) Effective Date.--Paragraph (4) of section 8003(a) of
the Elementary and Secondary Education Act of 1965, as added
by subsection (a), shall apply with respect to fiscal years
after fiscal year 1995.
SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGIBLE FEDERALLY
CONNECTED CHILDREN IN STATES WITH ONLY ONE
LOCAL EDUCATIONAL AGENCY.
(a) In General.--Section 8003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is
amended by adding at the end the following new paragraph:
``(3) States with only one local educational agency.--
``(A) In general.--In any of the 50 States of the United
States in which there is only one local educational agency,
the Secretary shall, for purposes of paragraphs (1)(B),
(1)(C), and (2) of this subsection, and subsection (e),
consider each administrative school district in the State to
be a separate local educational agency.
``(B) Computation of maximum amount of basic support
payment and threshold payment.--In computing the maximum
payment amount under paragraph (1)(C) and the learning
opportunity threshold payment under
[[Page 2139]]
paragraph (2)(B) for an administrative school district
described in subparagraph (A)--
``(i) the Secretary shall first determine the maximum
payment amount and the total current expenditures for the
State as a whole; and
``(ii) the Secretary shall then--
``(I) proportionately allocate such maximum payment amount
among the administrative school districts on the basis of the
respective weighted student units of such districts; and
``(II) proportionately allocate such total current
expenditures among the administrative school districts on the
basis of the respective number of students in average daily
attendance at such districts.''.
(b) Effective Date.--Paragraph (3) of section 8003(b) of
the Elementary and Secondary Education Act of 1965, as added
by subsection (a), shall apply with respect to fiscal years
after fiscal year 1994.
SEC. 5. DATA AND DETERMINATION OF AVAILABLE FUNDS.
(a) Data.--Paragraph (4) of section 8003(f) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(f)) is amended--
(1) in the heading, by striking ``Current year'';
(2) by amending subparagraph (A) to read as follows:
``(A) shall use student, revenue, and tax data from the
second fiscal year preceding the fiscal year for which the
local educational agency is applying for assistance under
this subsection;''; and
(3) in subparagraph (B), by striking ``such year'' and
inserting ``the fiscal year for which the local educational
agency is applying for assistance under this subsection''.
(b) Determination of Available Funds.--Paragraph (3) of
section 8003(f) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(f)) is amended--
(1) in the matter preceding subclause (I) of subparagraph
(A)(iii), by inserting ``, except as provided in subparagraph
(C),'' after ``but''; and
(2) by adding at the end the following new subparagraph:
``(C) Determination of available funds.--When determining
the amount of funds available to the local educational agency
for current expenditures for purposes of subparagraph
(A)(iii) for a fiscal year, the Secretary shall include, with
respect to the local educational agency's opening cash
balance for such fiscal year, the portion of such balance
that is the greater of--
``(i) the amount that exceeds the maximum amount of funds
for current expenditures that the local educational agency
was allowed by State law to carry over from the prior fiscal
year, if State restrictions on such amounts were applied
uniformly to all local educational agencies in the State; or
``(ii) the amount that exceeds 30 percent of the local
educational agency's operating costs for the prior fiscal
year.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply with respect to fiscal years after fiscal
year 1996.
SEC. 6. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7702) (as amended by section 1) is further
amended by adding at the end thereof the following new
subsection:
``(i) Priority Payments.--Notwithstanding subsection
(b)(1)(B), and for any fiscal year beginning with fiscal year
1997 for which the amount appropriated to carry out this
section exceeds the amount so appropriated for fiscal year
1996, the Secretary shall first use such excess amount to
increase the payment that would otherwise be made under this
section to not more than 50 percent of the maximum amount
determined under subsection (b) for any local educational
agency that--
``(1) received a payment under this section for fiscal year
1996;
``(2) serves a school district that contains all or a
portion of a United States military academy;
``(3) serves a school district in which the local tax
assessor has certified that at least 60 percent of the real
property is federally owned; and
``(4) demonstrates to the satisfaction of the Secretary
that such agency's per-pupil revenue derived from local
sources for current expenditures is not less than that
revenue for the preceding fiscal year.''.
SEC. 7. TREATMENT OF IMPACT AID PAYMENTS.
(a) In General.--The Secretary of Education shall treat any
State as having met the requirements of section 5(d)(2)(A) of
the Act of September 30, 1950 (Public Law 874, 81st Congress)
for fiscal year 1991 (as such section was in effect for such
fiscal year), and as not having met those requirements for
each of the fiscal years 1992, 1993, and 1994 (as such
section was in effect for fiscal year 1992, 1993, and 1994,
respectively), if--
(1) the State's program of State aid was not certified by
the Secretary under section 5(d)(2)(C)(i) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) for any
fiscal year prior to fiscal year 1991;
(2) the State submitted timely notice under that section of
the State's intention to seek that certification for fiscal
year 1991;
(3) the Secretary determined that the State did not meet
the requirements of section 5(d)(2)(A) of such Act for fiscal
year 1991; and
(4) the State made a payment to each local educational
agency in the State (other than a local educational agency
that received a payment under section 3(d)(2)(B) of such Act
for fiscal year 1991) in an amount equal to the difference
between the amount such agency received under such Act for
fiscal year 1991 and the amount such agency would have
received under such Act for fiscal year 1991 if payments
under such Act had not been taken into consideration in
awarding State aid to such agencies for fiscal year 1991.
(b) Repayment Not Required.--Notwithstanding any other
provision of law, any local educational agency in a State
that meets the requirements of paragraphs (1) through (4) of
subsection (a) and that received funds under section
3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874,
81st Congress) for fiscal year 1991 (as such section was in
effect for such fiscal year) shall not, by virtue of
subsection (a), be required to repay those funds to the
Secretary of Education.
SEC. 8. SPECIAL RULE RELATING TO AVAILABILITY OF FUNDS FOR
THE LOCAL EDUCATIONAL AGENCY SERVING THE NORTH
HANOVER TOWNSHIP PUBLIC SCHOOLS, NEW JERSEY,
UNDER PUBLIC LAW 874, 81ST CONGRESS.
The Secretary of Education shall not consider any funds
that the Secretary of Education determines the local
educational agency serving the North Hanover Township Public
Schools, New Jersey, has designated for a future liability
under an early retirement incentive program as funds
available to such local educational agency for purposes of
determining the eligibility of such local educational agency
for a payment for fiscal year 1994, or the amount of any such
payment, under section 3(d)(2)(B) of the Act of September 30,
1950 (Public Law 874, 81st Congress), as such section was in
effect for such fiscal year.
SEC. 9. CORRECTED LOCAL CONTRIBUTION RATE.
(a) Computation.--The Secretary of Education shall compute
a payment for a local educational agency under the Act of
September 30, 1950 (Public Law 874, 81st Congress) for each
of the fiscal years 1991 through 1994 (as such Act was in
effect for each of those fiscal years, as the case may be)
using a corrected local contribution rate based on generally
comparable school districts, if--
(1) an incorrect local contribution rate was submitted to
the Secretary of Education by the State in which such agency
is located, and the incorrect local contribution rate was
verified as correct by the Secretary of Education; and
(2) the corrected local contribution rate is subject to
review by the Secretary of Education.
(b) Payment.--Using funds appropriated under the Act of
September 30, 1950 (Public Law 874, 81st Congress) for fiscal
years 1991 through 1994 that remain available for obligation
(if any), the Secretary of Education shall make payments
based on the computations described in subsection (a) to the
local educational agency for such fiscal years.
SEC. 10. STATE EQUALIZATION PLANS.
Subparagraph (A) of section 8009(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7709(b)(2)) is
amended by striking ``more than'' and all that follows
through the period and inserting ``more than 25 percent.''.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. CUNNINGHAM and Mr.
BLUMENAUER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.101.15 gao management reform
Mr. LaTOURETTE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3864) to reform the
management practices of the General Accounting Office, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. LaTOURETTE and
Mrs. MALONEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
[[Page 2140]]
By unanimous consent, the title was amended so as to read: ``An Act to
amend laws authorizing auditing, reporting, and other functions by the
General Accounting Office.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.16 ukraine independence
Mr. GILMAN, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and agree to the following concurrent
resolution (H. Con. Res. 120); as amended:
Whereas August 24, 1996, marks the fifth anniversary of the
independence of Ukraine;
Whereas the independent State of Ukraine is a member State
of the United Nations and the United Nations has established
in Ukraine an office to assist Ukraine in building relations
with the international community and in coordinating
international assistance for Ukraine;
Whereas the independent State of Ukraine is a member State
of the Council of Europe, the Organization on Security and
Cooperation in Europe, the Central European Initiative, and
the North Atlantic Cooperation Council of the North Atlantic
Alliance, is a participant in the Partnership for Peace
program of the North Atlantic Alliance, and has entered into
a Partnership and Cooperation Agreement with the European
Union;
Whereas the United States recognized Ukraine as an
independent State on December 25, 1991;
Whereas Ukraine is a major European nation, having the
second largest territory and sixth largest population of all
the States of Europe;
Whereas Ukraine has an important geopolitical and economic
role to play within Central and Eastern Europe and a strong,
stable, and secure Ukraine serves the interests of peace and
stability in all of Europe, which is also an important
national security interest of the United States;
Whereas Ukraine conducted its first presidential and
parliamentary elections as an independent State in 1994,
carrying such elections out in a free and fair manner and
moving further away from the former communist model of one-
party, centralized, totalitarian rule;
Whereas Ukraine's presidential elections of July 1994
resulted in the first peaceful transfer of executive power in
any of the independent States of the former Soviet Union;
Whereas on June 28, 1996, the Parliament of Ukraine adopted
a new constitution for Ukraine;
Whereas Ukraine's economic and social stability depend on
its ability to build a stable market-based economy and a
legal system based on the rule of law, attract foreign
investment, improve tax and revenue collection, and build its
export sectors;
Whereas Ukraine was the first of the independent states of
the former Soviet Union to have appointed a civilian to the
office of Minister of Defense, an historic precedent in
support of civilian control and oversight of the armed forces
of Ukraine;
Whereas Ukraine is pursuing political and economic reforms
intended to ensure its future strength, stability, and
security and to ensure that it will assume its rightful place
among the international community of democratic States and in
European and trans-Atlantic institutions;
Whereas through the agreement by the Government of Ukraine
to the establishment of a mission from the Organization on
Security and Cooperation in Europe in the region of Crimea,
Ukraine has shown its interest in avoiding the use of force
in resolving ethnic and regional disputes within Ukraine;
Whereas all nuclear weapons were removed from Ukraine by
June 1, 1996, and Ukraine has taken very positive steps in
supporting efforts to stem proliferation of nuclear weapons
by ratifying the START-I Treaty on nuclear disarmament and
the Treaty on the Non-Proliferation of Nuclear Weapons;
Whereas in December 1994, the Presidents of the United
States and the Russian Federation and the Prime Minister of
Great Britain signed a Memorandum on National Security
Assurances for Ukraine as depository States under the Treaty
on the Non-Proliferation of Nuclear Weapons;
Whereas the Secretary of Defense of the United States and
the Minister of Defense of Ukraine signed a Memorandum of
Understanding on cooperation in the field of defense and
military relations on July 27, 1993;
Whereas Ukraine has sought to promote constructive
cooperation with its neighbors through humanitarian
assistance and through mediation of disputes;
Whereas Ukraine has provided Ukrainian troops as part of
the international peacekeeping force meant to prevent the
spread of conflict in the states of the former Yugoslavia;
and
Whereas Ukraine has acted in defense of its sovereignty and
that of other newly independent states by opposing the
emergence of any political or military organization which has
the potential to promote the reintegration of the states of
the former Soviet Union: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) Ukraine has made significant progress in political
reform in its first 5 years of independence and that it is to
be congratulated for the successful conduct of free and fair
elections for the presidency and parliament and for the
adoption of a new constitution;
(2) the territorial integrity of Ukraine in its existing
borders is an important element of European peace and
stability;
(3) the President and Parliament of Ukraine should focus
their efforts on passing legislation needed to implement the
new democratic constitution;
(4) the Government of Ukraine should continue its efforts
to ensure the rights of all citizens of Ukraine regardless of
their ethnic or religious background;
(5) the Government of Ukraine should make its first
priority the dismantling of the remaining socialist sectors
of its economy, particularly by speedily privatizing medium
and large state-owned enterprises, privatizing state and
collective farms and ending their monopolistic control of the
agro-industrial sector, and fostering a competitive market-
based energy sector;
(6) the Government of Ukraine should make the necessary
institutional and legal reforms to create a stable tax
regime, foster market-based competition, protect the right to
private property, and make other changes that build a
positive climate for foreign investment;
(7) the Government of Ukraine should make it a priority to
build the institutional capacity and legal framework needed
to fight crime and corruption effectively in a democratic
environment;
(8) the Government of Ukraine should continue its
cooperative efforts with the ``G-7'' group of States to
safely and expeditiously shut down the nuclear reactors at
Chernobyl, Ukraine;
(9) the President of the United States should support
continued United States assistance to Ukraine for its
political and economic reforms, for efforts associated with
the safe and secure dismantlement of its weapons of mass
destruction, and for the increased safety of operation of its
civilian nuclear reactors, and assistance for the
establishment of rule of law, for criminal justice and law
enforcement training, and for the promotion of trade and
investment, and in this regard United States assistance to
the Ukraine should leverage private-sector involvement as
much as possible;
(10) the President of the United States should urge that
the Government of the Russian Federation, in line with the
assurances for the security of Ukraine made by the President
of the Russian Federation in the January 1994 Trilateral
Statement on Nuclear Disarmament in Ukraine, offer Ukraine
its promised highest possible cooperation, fully and finally
recognizing Ukraine's sovereignty and territorial integrity
and refraining from any economic coercion of Ukraine;
(11) the Government of Ukraine should continue to act in
defense of its sovereignty and that of the other independent
states of the former Soviet Union by opposing the emergence
of any political or military organization which would have
the potential to promote the reintegration of the states of
the former Soviet Union;
(12) the President of the United States should ensure that
Ukraine's national security interests are fully considered in
any review of European security arrangements and
understandings;
(13) the President of the United States should support
continued United States security assistance for Ukraine,
including assistance for training of military officers,
military exercises as part of the North Atlantic Alliance's
Partnership for Peace program, and appropriate military
equipment to assist Ukraine in maintaining its defensive
capabilities as it reduces its military force levels;
(14) the President of the United States should ensure the
United States Government's continued efforts to assist
Ukraine in its accession to the World Trade Organization; and
should ensure, in particular, that the potential for
aerospace and space cooperation and commerce between the
United States and Ukraine is fully and appropriately
exploited; and
(15) as a leader of the democratic nations of the world,
the United States should continue to support the people of
Ukraine in their struggle to bring peace, prosperity, and
democracy to Ukraine and to the other independent states of
the former Soviet Union.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. GILMAN and Mr.
HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GILMAN objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.101.17 voice of america recordings
Mr. GILMAN, pursuant to the order of the House of August 1, 1996,
moved
[[Page 2141]]
to suspend the rules and pass the bill (H.R. 3916) to make available
certain Voice of America and Radio Marti multilingual computer readable
text and voice recordings.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. GILMAN and Mr.
HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.18 reclamation recycling and water conservation
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3660) to make
amendments to the Reclamation Wastewater and Groundwater Study and
Facilities Act, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.19 fort peck rural county water supply system
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill of the Senate (S. 1467) to
authorize the construction of the Fort Peck Rural County Water Supply
System, to authorize assistance to the Fort Peck Rural County Water
District Inc., a nonprofit corporation, and for the planning, design,
and construction of the water supply system, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.101.20 kenai natives association equity
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 401) entitled the
``Kenai Natives Association Equity Act''; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.21 lake tahoe basin national forest
Mr. DOOLITTLE pursuant to the order of House of August 1, 1996, moved
to suspend the rules and pass the bill (H.R. 2122) to designate the Lake
Tahoe Basin National Forest in the States of California and Nevada to be
administered by the Secretary of Agriculture, and for other purposes, as
amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.22 nevada boundary correction
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 2135) to provide for
the correction of boundaries of certain lands in Clark County, Nevada,
acquired by persons who purchased such lands in good faith reliance on
existing private land surveys; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide for the relief of certain persons in Clark County, Nevada, who
purchased lands in good faith reliance on existing private land
surveys.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.23 hanford reach preservation
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 2292) to preserve and
protect the Hanford Reach of Columbia River, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by the unanimous consent, laid on
the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2142]]
para.101.24 gunnison county land conveyance
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 2438) to provide for
the conveyance of lands to certain individuals in Gunnison County,
Colorado, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.25 wenatachee national forest land exchange
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 2518) to authorize
the Secretary of Agriculture to exchange certain lands in the Wenatachee
National Forest, Washington, for certain lands owned by Public Utility
District No. 1 of Chelan County, Washington, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.26 del norte county land conveyance
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 2709) to provide for
the conveyance of certain land to the Del Norte County Unified School
District of Del Norte County, California; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.27 elkhorn timber substitution
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 2711) to provide for
the substitution of timber for the canceled Elkhorn Ridge Timber Sale.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.28 california bureau of land management transfer
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3147) to provide for
the exchange of certain Federal lands in the State of California managed
by the Bureau of Land Management of certain non-Federal lands, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.29 indian health care demonstration program
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3378) to amend the
Indian Health Care Improvement Act to extend the demonstration program
for direct billing of Medicare, Medicaid, and other third party payors.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.30 apache national forest land conveyance
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3547) to provide for
the conveyance of a parcel of real property in the Apache National
Forest in the State of Arizona to the Alpine Elementary School District
7 to be used for the construction of school facilities and related
playing fields; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2143]]
para.101.31 federal oil and gas royalty management act corrections
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 4018) to make
technical corrections in the Federal Oil and Gas Royalty Management Act
of 1982.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
ABERCROMBIE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.32 historically black colleges and universities
Mr. DOOLITTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 1179) to authorize
appropriations for the preservation and restoration of historic
buildings at historically black colleges and universities; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. DOOLITTLE and Mr.
ABERCROMBIE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill; as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.33 national marine sanctuaries preservation
Mr. SAXTON, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3487) to reauthorize
the National Marine Sanctuaries Act, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. SAXTON and Mr.
FARR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill; as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.34 fish and wildlife facility conveyance
Mr. SAXTON, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3579) to direct the
Secretary of the Interior to convey certain property containing a fish
and wildlife facility to the State of Wyoming, and for other purposes;
as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. SAXTON and Mr.
FARR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill; as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.35 recess--3:29 p.m.
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 12 of rule I,
declared the House in recess at 3 o'clock and 29 minutes p.m. until
aproximately 5:00 p.m.
para.101.36 after recess--5:00 p.m.
The SPEAKER pro tempore, Mr. WICKER, called the House to order.
para.101.37 50 states commemorative coin program
Mr. CASTLE, pursuant to the order of the House of August 1, 1996,
moved to suspend the rules and pass the bill (H.R. 3793) to provide for
a 10-year circulating commemorative coin program to commemorate each of
the 50 States, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. CASTLE and Mr.
FLAKE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the votes whereby the rules were suspended and
said bill , as amended, was passed was, by unanimous consent, laid on
the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.38 h.r. 447--unfinished business
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 447) to establish a toll free number in the
Department of Commerce to assist consumers in determining if products
are American-made; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of
those present had voted in the affirmative.
Mr. CASTLE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
367
Nays
9
When there appeared
<3-line {>
Answered present
1
para.101.39 [Roll No. 402]
YEAS--367
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Bryant (TX)
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Foley
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Furse
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
[[Page 2144]]
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Knollenberg
LaFalce
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
NAYS--9
Cooley
DeLay
Hancock
Hoekstra
Kolbe
LaHood
Sanford
Scarborough
Shadegg
ANSWERED ``PRESENT''--1
Barr
NOT VOTING--56
Andrews
Berman
Brown (FL)
Brownback
Bryant (TN)
Bunn
Buyer
Chapman
Chenoweth
Coburn
Collins (IL)
Crane
de la Garza
Dornan
Durbin
Engel
Ensign
Flanagan
Ford
Fowler
Frisa
Gallegly
Ganske
Gibbons
Hansen
Hayes
Johnson, Sam
Kaptur
Kingston
Klug
Lantos
Lightfoot
Lincoln
Longley
McCarthy
McKeon
Metcalf
Millender-McDonald
Minge
Nadler
Norwood
Pastor
Portman
Ramstad
Rogers
Rohrabacher
Royce
Rush
Tanner
Torricelli
Towns
Waters
Williams
Young (AK)
Zeliff
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.101.40 h.con. res. 120 --unfinished business
The SPEAKER pro tempore, Mr. WICKER, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 120),
supporting the independence and sovereignty of Ukraine and the progress
of its political and economic reforms; as amended.
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of
those present had voted in the affirmative.
Mr. WALKER demanded a recorded vote on agreeing to said concurrent
resolution, as amended, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
382
Nays
1
When there appeared
<3-line {>
Answered present
1
para.101.41 [Roll No. 403]
AYES--382
Abercrombie
Ackerman
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TX)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Foglietta
Foley
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frost
Funderburk
Furse
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
NOES--1
Jacobs
[[Page 2145]]
ANSWERED ``PRESENT''--1
Barr
NOT VOTING--49
Andrews
Berman
Brown (FL)
Bryant (TN)
Buyer
Chapman
Chenoweth
Coburn
Collins (IL)
Crane
de la Garza
Dornan
Durbin
Engel
Ensign
Flanagan
Ford
Fowler
Frisa
Gallegly
Ganske
Gibbons
Hansen
Hayes
Johnson, Sam
Kingston
Klug
Lantos
Lightfoot
Lincoln
McKeon
Metcalf
Millender-McDonald
Minge
Murtha
Nadler
Norwood
Pastor
Ramstad
Rohrabacher
Royce
Rush
Tanner
Tiahrt
Torricelli
Williams
Young (AK)
Zeliff
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.101.42 providing for the consideration of h.r. 3719
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-773) the resolution (H. Res. 516) providing for consideration of
the bill (H.R. 3719) to amend the Small Business Act and Small Business
Investment Act of 1958.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.101.43 providing for the consideration of h.r. 3308
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-774) the resolution (H. Res. 517) providing for consideration of
the bill (H.R. 3308) to amend title 10, United States Code, to limit the
placement of United States Forces under United Nations operational or
tactical control, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.101.44 senate bills and concurrent resolution referred
Bills and a concurrent resolution of the Senate of the following
titles were taken from the Speaker's table and, under the rule, referred
as follows:
S. 1130. An Act to provide for establishment of uniform
accounting systems, standards, and reporting systems in the
Federal Government, and for other purposes; to the Committee
on Government Reform and Oversight;
S. 1735. An Act to establish the United States Tourism
Organization as a nongovernmental entity for the purpose of
promoting tourism in the United States; to the Committee on
Commerce, and in addition to the Committee on International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned;
S. 1834. An Act to reauthorize the Indian Environmental
General Assistance Program Act of 1992, and for other
purposes; to the Committee on Resources;
S. 1873. An Act to amend the National Environmental
Education Act to extend the programs under the Act, and for
other purposes; to the Committee on Economic and Educational
Opportunities;
S. 1931. An Act to provide that the United States Post
Office and Courthouse building located at 9 East Broad
Street, Cookeville, Tennessee, shall be known and designated
as the ``L. Clure Morton United States Post Office and
Courthouse''; to the Committee on Transportation and
Infrastructure; and
S. Con. Res. 52. Concurrent resolution to recognize and
encourage the convening of a National Silver Haired Congress;
to the Committee on Economic and Educational Opportunities.
para.101.45 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 782. An Act to amend title 18 of the United States
Code to allow members of employee associations to repesent
their views before the United States Government;
H.R. 1975. An Act to improve the management of royalties
from Federal and Outer Continental Shelf oil and gas leases,
and for other purposes;
H.R. 2739. An Act to provide for a representational
allowance for Members of the House of Representatives, to
make technical and conforming changes to sundry provisions of
law in consequence of administrative reforms in the House of
Representatives, and for other purposes;
H.R. 3103. An Act to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health
care delivery, to promote the use of medical saving accounts,
to improve access to long-term care services and coverage, to
simplify the administration of health insurance, and for
other purposes;
H.R. 3139. An Act to redesignate the United States Post
Office building located at 245 Centereach Mall on Middle
County Road in Centereach, New York, as the ``Rose Y.
Caracappa United States Post Office Building'';
H.R. 3448. An Act to provide tax relief for small business,
to protect jobs, to create opportunities, to increase the
take-home pay for workers, to amend the Portal-to-Portal Act
of 1947 relating to the payment of wages to employees who use
employer owned vehicles, and to amend the Fair Labor
Standards Act of 1938 to increase the minimum wage rate and
to prevent job loss by providing flexibility to employers in
complying with minimum wage and overtime requirements under
that Act;
H.R. 3680. An Act to amend title 18, United States Code, to
carry out the international obligations of the United States
under the Geneva Conventions to provide criminal penalties
for certain war crimes;
H.R. 3734. An Act to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997;
H.R. 3834. An Act to redesignate the Dunning Post Office in
Chicago, Illinois, as the ``Roger P. McAuliffe Post Office'';
and
H.R. 3870. An Act to authorize the Agency for International
Development to offer voluntary separation incentive payments
to employees of that agency.
para.101.46 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title;
S. 1316. An Act to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes.
para.101.47 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
On August 2, 1996:
H.R. 782. An Act to amend title 18 of the United States
Code to allow members of employee associations to represent
their views before the United States Government.
On August 7, 1996:
H.R. 1975. An Act to improve the management of royalties
from Federal and Outer Continental Shelf oil and gas leases,
and for other purposes.
On August 8, 1996:
H.R. 3448. An Act to provide tax relief for small
businesses, to protect jobs, to create opportunities, to
increase the take-home pay of workers, to amend the Portal-
to-Portal Act of 1947 relating to the payment of wages to
employees who use employer owned vehicles, and to amend the
Fair Labor Standards Act of 1938 to increase the minimum wage
rate and to prevent job loss by providing flexibility to
employers in complying with minimum wage and overtime
requirements under that Act.
On August 9, 1996:
H.R. 3834. An Act to redesignate the Dunning Post Office in
Chicago, Illinois, as the ``Roger P. McAuliffe Post Office'';
H.R. 3870. An Act to authorize the Agency for International
Development to offer voluntary separation incentive payments
to employees of that agency;
H.R. 3680. An Act to amend title 18, United States Code, to
carry out the international obligations of the United States
under the Geneva Conventions to provide criminal penalties
for certain war crimes;
H.R. 3139. An Act to redesignate the United States Post
Office Building located at 245 Centereach Mall on Middle
County Road in Centereach, New York, as the ``Rose Y.
Caracappa United States Post Office Building'';
H.R. 2739. An Act to provide for a representational
allowance for Members of the House of Representatives, to
make technical and conforming changes to sundry provisions of
the law in consequence of administrative reforms in the House
of Representatives, and for other purposes; and
H.R. 3103. An Act to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and care
delivery, to promote the use of medical savings accounts, to
improve access to long-term care services and coverage, to
simplify the administration of health insurance, and for
other purposes.
On August 19, 1996:
H.R. 3734. An Act to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for the fiscal year 1997.
para.101.48 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. BUYER, for today ;
To Mrs. FOWLER, for today;
To Mr. GANSKE for today and the balance of the week;
To Ms. MILLENDER-McDONALD for today;
[[Page 2146]]
To Mrs. COLLINS of Illinois for today; and
To Mr. HANSEN for today and September 5.
And then,
para.101.49 adjournment
On motion of Mr. WELDON, at 9 o'clock and 31 minutes p.m., the House
adjourned.
para.101.50 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2135. A
bill to provide for the correction of boundaries of certain
lands in Clark County, NV, acquired by persons who purchased
such lands in good faith reliance on existing private land
surveys; with amendments (Rept. No. 104-755). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 401. A
bill entitled the ``Kenai Natives Association Equity Act'',
with an amendment (Rept. No. 104-756). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2107. A
bill to amend the Land and Water Conservation Fund Act of
1965 to improve the quality of visitor services provided by
Federal land management agencies through an incentive-based
recreation fee program, and for other purposes; with an
amendment (Rept. No. 104-757). Referred to the Committee of
the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1179. A
bill to authorize appropriations for the preservation and
restoration of historic buildings at historically black
college and universities; with an amendment (Rept. No. 104-
758). Referred to the Committee of the Whole House on the
State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3547. A
bill to provide for the conveyance of a parcel of real
property in the Apache National Forest in the State of
Arizona to the Alpine Elementary School District 7 to be used
for the construction of school facilities and related playing
fields; with an amendment (Rept. No. 104-759). Referred to
the Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3147. A
bill to provide for the exchange of certain Federal lands in
the State of California managed by the Bureau of Land
Management of certain non-Federal lands, and for other
purposes; with an amendment (Rept. No. 104-760). Referred to
the Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2711. A
bill to provide for the substitution of timber for the
canceled Elkhorn Ridge Timber Sale (Rept. No. 104-761, Pt.
1). Ordered to be printed.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2710. A
bill to provide for the conveyance of certain land in the
State of California to the Hoopa Valley Tribe; with an
amendment (Rept. No. 104-762). Referred to the Committee of
the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2709. A
bill to provide the conveyance of certain land to the Del
Norte County Unified School District of Del Norte County,
with an amendment (Rept. No. 104-763). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2518. A
bill to authorize the Secretary of Agriculture to exchange
certain lands in the Wenatachee National Forest, WA, for
certain lands owned by Public Utility District No. 1 of
Chelan County, WA, and for other purposes; with an amendment
(Rept. No. 104-764). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2512. A
bill to provide for certain benefits of the Missouri River
basin Pick-Sloan project to the Crow Creek Sioux Tribe, and
for other purposes; with amendments (Rept. No. 104-765).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2438. A
bill to provide for the conveyance of lands to certain
individuals in Gunnison County, CO, and for other purposes;
with an amendment (Rept. No. 104-766). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3642. A
bill to provide for the transfer of public lands to certain
California Indian Tribes (Rept. No. 104-767). Referred to the
Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3903. A
bill to require the Secretary of the Interior to sell the Sly
Park Dam and Reservoir, and for other purposes; with an
amendment (Rept. No. 104-768).
Mr. YOUNG of Alaska: Committee on Resources. H.R. 1467. A
act to authorize the construction of the Fort Peck Rural
County Water Supply System, to authorize assistance to the
Fort Peck Rural County Water District, Inc., a nonprofit
corporation, for the planning, design, and construction of
the water supply system, and for other purposes; with an
amendment (Rept. No. 104-769). Referred to the Committee of
the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3910. A
bill to provide emergency drought relief to the city of
Corpus Christi, TX, and the Canadian River Municipal Water
Authority, Texas, and for other purposes; with an amendment
(Rept. No. 104-770). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3537. A
bill to improve coordination of Federal Oceanographic
programs; with an amendment (Rept. No. 104-771, Pt. 1).
Ordered to be printed.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2122. A
bill to designate the Lake Tahoe Basin National Forest in the
States of California and Nevada to be administered by the
Secretary of Agriculture, and for other purposes; with an
amendment (Rept. No. 104-772, Pt. 1). Referred to the
Committee of the Whole House on the State of the Union.
Mr. LINDER: Committee on Rules. House Resolution 516.
Resolution providing for consideration of the bill (H.R.
3719) to amend the Small Business Act and the Small Business
Investment Act of 1958 (Rept. No. 104-773). Referred to the
House Calendar.
Mr. SOLOMON. Committee on Rules. House Resolution 517.
Resolution providing for consideration of the bill (H.R.
3308) to amend title 10, United States Code, to limit the
placement of United States forces under United Nations
operational or tactical control, and for other purposes
(Rept. No. 104-774). Referred to the House Calendar.
para.101.51 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2122. Referral to the Committee on Agriculture
extended for a period ending not later than September 4,
1996.
H.R. 3537. Referral to the Committees on National Security
and Science extended for a period ending not later than
October 4, 1996.
para.101.52 discharge of committee
Pursuant to clause 5 of rule X the Committee on Agriculture discharged
from further consideration. H.R. 2122 referred to the Committee of the
Whole House on the State of the Union.
para.101.53 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. YOUNG of Alaska:
H.R. 4018. A bill to make technical corrections in the
Federal Oil and Gas Royalty Management Act of 1982; to the
Committee on Resources.
By Mr. BILBRAY:
H.R. 4019. A bill to amend the Fair Housing Act, and for
other purposes; to the Committee on the Judiciary.
By Mrs. CUBIN:
H.R. 4020. A bill to provide for the retention of the name
of the mountain at the Devils Tower National Monument in
Wyoming known as ``Devils Tower''; to the Committee on
Resources.
By Mr. NEY (for himself and Mr. Traficant):
H.R. 4021. A bill to authorize the Secretary of the Army to
convey certain real properties of the Corps of Engineers in
the State of Ohio to local governments of the State of Ohio;
to the Committee on Transportation and Infrastructure.
By Mr. STARK;
H.R. 4022. A bill to amend title XVIII of the Social
Security Act to reduce the Medicare payment for general
overhead costs of transplant centers in acquiring organs for
transplant from organ procurement organizations; to the
Committee on Ways and Means.
By Mr. STUPAK (for himself, Mr. Knollenberg, Mr. Upton,
Mr. Barcia of Michigan, Ms. Rivers, Mr. Chrysler, Mr.
Levin, Mr. Ehlers, Mr. Hoekstra, and Mr. Dingell):
H.R. 4023. A bill to amend act of October 21, 1970,
establishing the Sleeping Bear Dunes National Lakeshore to
permit certain persons to continue to use and occupy certain
areas within the lakeshore, and for other purposes; to the
Committee on Resources.
By Mr. MOORHEAD:
H.J. Res. 189. Joint resolution granting the consent of
Congress to the Interstate Insurance Receivership Compact; to
the Committee on the Judiciary.
para.101.54 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. DICKEY:
H.R. 4024. A bill to require approval of an application for
compensation for the death of Wallace B. Sawyer, Jr.; to the
Committee on the Judiciary.
By Mr. FORBES:
H.R. 4025. A bill for the relief of the estate of Gail E.
Dobert; to the Committee on the Judiciary.
[[Page 2147]]
para.101.55 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 43: Mr. Brown of California and Ms. McKinney.
H.R. 488: Mr. Markey and Mr. Gilchrest.
H.R. 540: Mr. Manzullo.
H.R. 573: Mr. Evans.
H.R. 863: Mr. Coyne.
H.R. 941: Mr. Gilman and Ms. DeLauro.
H.R. 972: Mr. Barrett of Nebraska and Mr. Combest.
H.R. 1073: Mr. McHugh, Mr. Mascara, Mr. Kolbe, Mr. Forbes,
and Mr. Gilman.
H.R. 1074: Mr. McHugh, Mr. Lewis of Georgia, Mr. Mascara,
Mr. Kolbe, Mr. Forbes, Mr. Gilman, and Mr. Coburn.
H.R. 1078: Mr. Lewis of Georgia.
H.R. 1100: Ms. Norton, Mr. Blumenauer, Ms. DeLauro, Mr.
Orton, and Mr. Green of Texas.
H.R. 1363: Mr. Lipinski.
H.R. 1406: Ms. Millender-McDonald, Mr. Conyers, Mr. Burton
of Indiana, and Mr. Pastor.
H.R. 1884: Mr. Brown of California.
H.R. 2011: Mr. Barcia of Michigan, Mr. Doyle, Mr. Norwood,
and Mr. Hobson.
H.R. 2200: Mr. Smith of Texas and Mr. Scarborough.
H.R. 2209: Mr. Baker of Louisiana, Mr. Sawyer, Mr.
Gunderson, Ms. Kaptur, and Mr. Neal of Massachusetts.
H.R. 2247: Mr. Leach.
H.R. 2579: Mr. Cummings.
H.R. 2654: Mr. Martinez.
H.R. 2748: Mr. Gilman, Mr. Hinchey, Mr. Brown of
California, and Mr. Lantos.
H.R. 2751: Ms. Brown of Florida.
H.R. 2827: Ms. Furse.
H.R. 2864: Mr. Bereuter.
H.R. 2900: Mr. Deal of Georgia, Mr. Gutknecht, Mr. Moran,
Mr. Cramer, Mr. Sanders, Mr. Traficant, Mr. Barr, and Mr.
Brownback.
H.R. 2943: Mr. Petri.
H.R. 3012: Mr. Hinchey, Mr. Stokes, Ms. Rivers, Ms. Roybal-
Allard, Mrs. Morella, Ms. Eshoo, Mr. Dixon, Mr. Hutchinson,
and Mr. Cremeans.
H.R. 3067: Mr. Bilbray.
H.R. 3077: Mr. McCollum, Mr. Weller, and Mr. Leach.
H.R. 3119: Mr. Hinchey.
H.R. 3123: Mr. Stearns.
H.R. 3178: Ms. Millender-McDonald and Mr. Matsui.
H.R. 3226: Mr. Payne of New Jersey, Mr. Hastings of
Florida, Mr. Engel, Mr. Bryant of Texas, Mr. Pallone, Mr.
Metcalf, Mr. Quinn, Mr. Frank of Massachusetts, and Mr.
Clement.
H.R. 3307: Mr. Stenholm.
H.R. 3385: Mr. Coble.
H.R. 3393: Mr. Nadler.
H.R. 3401: Mr. Lantos, Mr. Baker of Louisiana, and Mr.
Deutsch.
H.R. 3427: Mr. Blute.
H.R. 3447: Mr. McCollum and Mr. Bilirakis.
H.R. 3460: Mr. Pickett.
H.R. 3565: Mr. Baker of Louisiana, Mr. Klug, and Mr. Oxley.
H.R. 3580: Mr. Bereuter and Mr. Smith of Texas.
H.R. 3591: Mr. Waxman, Mr. Brown of California, Mr. Filner,
Mr. Martinez, and Mr. Fazio of California.
H.R. 3631: Mr. Towns, Mr. Bentsen, Mr. Thompson, Mr.
Coleman, Mr. Deutsch, Mr. Porter, Mr. Dicks, Mr. Clay, Mr.
Herger, and Mr. Quillen.
H.R. 3652: Mr. Shays, Mr. Dellums, and Mr. Stark.
H.R. 3688: Mr. Fazio of California.
H.R. 3714: Mr. Menendez, Mr. Minge, Mr. McDermott, Mr.
Lewis of Georgia, Mr. Stupak, Mr. Fazio of California, Mr.
Stump, Mr. Olver, Mr. Filner, Mr. Gejdenson, Mr. LaFalce, Mr.
Hobson, and Mr. Williams.
H.R. 3724: Mr. Baker of Louisiana.
H.R. 3747: Mr. Clyburn, Ms. Norton, and Mr. Frazer.
H.R. 3748: Ms. Furse, Mr. Fattah, Mr. Baldacci, and Mr.
Romero-Barcelo.
H.R. 3784: Mr. Zimmer.
H.R. 3793: Mr. Ackerman.
H.R. 3839: Mr. Lantos and Mr. Doyle.
H.R. 3852: Mr. Fazio of California, Mr. Coble, Mr. Canady,
Mr. Nethercutt, and Mr. Solomon.
H.R. 3896: Mr. Ackerman.
H.R. 3908: Mr. Heineman.
H.R. 3917: Mr. Stark, Mr. Beilenson, Ms. Lofgren, Mr. Lewis
of Georgia, Mrs. Lowey, and Mr. Schumer.
H.R. 3920: Ms. Furse, Mr. Sanders, and Mr. DeFazio.
H.R. 3928: Mr. Farr.
H.R. 3942: Mr. Roemer, Mr. Rahall, Mr. Norwood, Mr. Stupak,
Mr. Hamilton, and Mr. Wise.
H.R. 3963: Mr. Baker of Louisiana, Mr. Bereuter, and Mr.
Bentsen.
H.R. 4011: Mr. Collins of Georgia, Mr. Martini, Mr. Bass,
Mr. Barrett of Nebraska, Mr. Ganske, Mr. Kolbe, and Ms. Dunn
of Washington.
H.J. Res. 174: Mr. Tate.
H. Con. Res. 120: Mr. Lantos and Mr. Manton.
H. Con. Res. 199: Mr. Brown of California, Ms. Norton, Mrs.
Mink of Hawaii, Mr. Filner, Mr. Ackerman, Mr. Hilliard and
Mr. Davis.
H. Res. 413: Mr. Hutchinson.
H. Res. 515: Mr. Hall of Ohio, Mr. Franks of New Jersey,
Mr. Frost, Mr. Cunningham, Mr. Davis, Mr. Manzullo, and Mr.
Stearns.
.
THURSDAY, SEPTEMBER 5, 1996 (102)
The House was called to order by the SPEAKER.
para.102.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, September 4, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.102.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4809. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Streamlining the Public Housing Development
Regulations (FR-3569) received August 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
4810. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Community Development Block Grant Program for
Indian Tribes and Alaska Native Villages (FR-2880) received
August 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
4811. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Congregate Housing Services Program Streamlining
(FR-4033) received August 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4812. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Streamlining of the Nehemiah Housing Opportunity
Grants Program (FR 4090) received August 27, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
4813. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Technical Amendment to the Section 8 Certificate
and Voucher Conforming Rule (FR 4119) received August 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4814. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Loans in Areas Having Special Flood Hazards [No. 96-82] (RIN:
1550-AA82) received September 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
4815. A letter from the Acting Executive Director, Thrift
Depositor Protection Oversight Board, transmitting the joint
annual report of the Thrift Depositor Protection Oversight
Board and the Resolution Trust Corporation for the calendar
year 1995, pursuant to Public Law 101-73, section 501(a) (103
Stat. 387); to the Committee on Banking and Financial
Services.
4816. A letter from the Assistant Secretary, Department of
Education, transmitting Final Regulations--Indian Fellowship
and Professional Development Programs, pursuant to 20 U.S.C.
1232(f); to the Committee on Economic and Educational
Opportunities.
4817. A letter from the Assistant Secretary for
Occupational Safety and Health, Department of Labor,
transmitting the Department's final rule--Scaffolds Used in
the Construction Industry (RIN: 1218-AA40) received August
28, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Economic and Educational Opportunities.
4818. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans, Tennessee;
Approval of Revisions to Permit Requirements, Definitions and
Administrative Requirements [TN-146-2-9608a; FRL-5554-6]
received September 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4819. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's ``Major'' final rule--Final
Regulations for Revisions to the Federal Test Procedure for
Emissions from Motor Vehicles [FRL-5558-3] (RIN: 2060-AE27)
received August 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4820. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; State of Kansas [FRL-
5556-8] received August 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4821. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Washington and Oregon
[FRL-5601-6] received August 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4822. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; State of New York [FRL-
5556-2] received August 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
[[Page 2148]]
4823. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Maryland 1990 Base Year
Emission Inventory [FRL-5603-1] received August 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4824. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Interim
Approval of Operating Permits Program; South Coast Air
Quality Management District, California [FRL-5559-1] received
August 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4825. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Modification of
Secondary Treatment Requirements for Discharges into Marine
Waters [FRL-5601-2] received August 23, 1996, purusuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4826. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Promulgation of Reid
Vapor Pressure Standard; Michigan [FRL-5542-1] received
August 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4827. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Designation of Areas
for Air Quality Planning Purposes; Wyoming; Corrections [FRL-
5560-4] received September 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4828. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia--1990 Base Year Emission Inventory
[FRL-5603-3] received September 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4829. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia--1990 Base Year Emission Inventory
[FRL-5603-5] received September 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4830. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Lead; Requirements for
Lead-Based Paint Activities in Target Housing and Child-
Occupied Facilities [FRL-5389-9] received September 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4831. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Control of Air
Pollution From New Motor Vehicles and New Motor Vehicle
Engines: Regulations Requiring On-Board Diagnostic (OBD)
Systems--Acceptance of Revised California OBD II Requirements
[FRL-5602-3] received August 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4832. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; California State
Implementation Plan Revision; San Joaquin Valley Unified Air
Pollution District [FRL-5557-2] received August 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4833. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments. FM Broadcast Stations (Hawesville, Kentucky and
Tell City, Indiana) [MM Docket No. 94-156] received September
4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
4834. A letter from the Secretary of Health and Human
Services, transmitting the Department's ``Major'' final
rule--Regulations Restricting the Sale and Distribution of
Cigarettes and Smokeless Tobacco to Protect Children and
Adolescents [Docket No. 95N-0253] (RIN: 0910-AA48) received
August 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
4835. A letter from the Deputy Secretary, Securities and
Exchange Commission, transmitting the Commission's ``Major''
final rule--Order Execution Obligations [Release No. 34-
37619] (RIN: 3235-AG66) received August 30, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4836. A letter from the Director, Defense Security
Assistance Agency, transmitting notification of a cooperative
Synthetic Theater of War [STOW] Project Arrangement [PA] with
the United Kingdom (Transmittal No. 18-96), pursuant to 22
U.S.C. 2767(f); to the Committee on International Relations.
4837. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 96-61), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4838. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Saudi Arabia for defense articles and
services (Transmittal No. 96-67), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
4839. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to the Taipei Economic and Cultural
Representative Office [TECRO] in the United States for
defense articles and services (Transmittal No. 96-68),
pursuant to 22 U.S.C. 2776(b); to the Committee on
International Relations.
4840. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Singapore for defense articles and
services (Transmittal No. 96-62), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
4841. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Saudi Arabia for defense articles and
services (Transmittal No. 96-60), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
4842. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-69), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4843. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-66), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4844. A communication from the President of the United
States, transmitting a report on the status of efforts to
obtain Iraq's compliance with the resolutions adopted by the
U.N. Security Council, pursuant to Public Law 102-1, section
3 (105 Stat. 4) (H. Doc. No. 104-259); to the Committee on
International Relations and ordered to be printed.
4845. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's major final rule--Migratory Bird Hunting;
Final Frameworks for Early-Season Migratory Bird Hunting
Regulations (RIN: 1018-AD69) received September 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4846. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Certification and Funding of State and Local Fair
Housing Enforcement Agencies (FR 3322) received August 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
the Judiciary.
4847. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Revision of HUD's Fair Housing Complaint
Processing (FR 4031) received August 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
4848. A letter from the Assistant Secretary of the Army for
Civil Works, Department of the Army, transmitting the
Department's final rule--Pamlico Sound and Adjacent Waters,
North Carolina, Danger Zones, Alligator Bayou off St. Andrew
Bay, Florida, and Suisan Bay, West of Carquinez Straits at
the Naval Weapons Station, Concord, California, Restricted
Areas (13 CFR Part 334) received September 3, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A; to the Committee on Transportation
and Infrastructure.
4849. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Protective Breathing Equipment (Federal Aviation
Administration) [Docket No. 27219; Amendment No. 121-261]
(RIN: 2120-AD74) received August 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4850. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A300 B2 and B4 Series
Airplanes, Excluding Model A300-600 Series Airplanes (Federal
Aviation Administration) [Docket No. 95-NM-263-AD; Amendment
No. 39-9724; AD 96-17-14] (RIN: 2120-AA64) received August
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4851. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech (Raytheon) Model BAE 125
Series 1000A and Model Hawker 1000 Airplanes (Federal
Aviation Administration) [Docket No. 95-NM-166-AD; Amendment
No. 39-9723; AD 96-17-13] (RIN: 2120-AA64) received August
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4852. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Lockheed Model 382, 382B, 382E,
382F, and 382G Series Airplanes [Docket No. 95-NM-10-AD]
(RIN: 2120-AA64) received August 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
[[Page 2149]]
4853. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Aircraft Limited HP137
Mk1, Jetstream Series 200, and Jetstream Models 3101 and 3201
Airplanes (Federal Aviation Administration) [Docket No. 95-
CE-94-AD; Amendment No. 39-9722; AD 96-17-12] (RIN: 2120-
AA64) received August 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4854. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Saab Model SAAB SF340A and SAAB
340B Series Airplanes (Federal Aviation Administration)
[Docket No. 96-NM-181-AD] (RIN: 2120-AA64) received August
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4855. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 767 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-124-AD]
(RIN: 2120-AA64) received August 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4856. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulation: Provincetown Harbor Swim for Life,
Provincetown, MA (U.S. Coast Guard) [CGD01-95-169] (RIN:
2115-AE46) received August 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4857. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--New
York Super Boat Race, New York (U.S. Coast Guard) [CGD01-96-
072] (RIN: 2121-AA97) received August 29, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4858. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--MTV
Music Awards Fireworks Display, East River, New York (U.S.
Coast Guard) [CDG01-96-100] (RIN: 2115-AA97) received August
29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
4859. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations: Mississippi Blawkhawks Water Ski
Show Upper Mississippi River Mile 633.0-634.0 McGregor, IA
(U.S. Coast Guard) [CGD08-96-039] (RIN: 2115-AE46) received
August 26, 1996, pursuant to 5 U.S.C. 301(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4860. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Vessel Traffic Service New York Area (U.S. Coast Guard) [CGD
92-052] (RIN: 2115-AE36) received August 26, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
4861. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Lamps, Reflective
Devices and Associated Equipment (National Highway Traffic
Safety Administration) [Docket No. 95-87; Notice 2] (RIN:
2127-AF78) received August 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4862. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Civil Penalties: Streamlined Enforcement Procedures for
Certain Security Violations (Federal Aviation Administration)
[Docket No. 27873; Amdt. No. 13-26] (RIN: 2120-AF36) received
August 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4863. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pratt & Whitney JT8D-200 Series
Turbofan Engines [Docket No. 96-ANE-19; Amendment 39-XXXX; AD
96-15-06] (RIN: 2120-AA64) received August 29, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
4864. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Textron Lycoming Model TIO-540-S1AD
Reciprocating Engines (Federal Aviation Administration)
[Docket No. 91-ANE-29; Amendment 39-9470; AD 91-21-01 R1]
(RIN: 2120-AA64) received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4865. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bell Helicopter Textron, Inc.-
Manufactured Model AH-1, HH-1K, TH-1F, TH-1L, UH-1A, UH-1B,
UH-1E, UH-1F, UH-1H, UH-1L, and UH-1P Helicopters (Federal
Aviation Administration) [Docket No. 96-SW-11-AD; Amendment
39-9741; AD 96-12-26] (RIN: 2120-AA64) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4866. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bell Helicopter Textron, Inc. Model
204B Helicopters (Federal Aviation Administration) [Docket
No. 96-SW-07-AD; Amendment 39-9739; AD96-12-25] (RIN: 2120-
AA64) received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4867. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bell Helicopter Textron, A Division
of Textron Canada Ltd. Model 222, 222B, 222U, and 230
Helicopters (Federal Aviation Administration) [Docket No. 96-
SW-08-AD; Amendment 39-9740; AD 96-18-15] (RIN: 2120-AA64)
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4868. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pilatus Britten-Norman Ltd.
(formerly Britten-Norman) BN-2A and BN2A MK. 111 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
CE-16-AD; Amendment 39-9748; AD 96-18-21] (RIN: 2120-AA64)
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4869. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Smithfield, NC (Federal
Aviation Administration) [Airspace Docket No. 96-ASO-11]
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4870. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Tampa, FL (Federal Aviation
Administration) [Airspace Docket No. 96-ASO-12] received
September 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4871. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Rochester, MN (Federal
Aviation Administration) [Airspace Docket No. 96-AGL-1]
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4872. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Learjet Model 60 Airplanes (Federal
Aviation Administration) [Docket No. 95-NM-240-AD; Amendment
39-9725; AD 96-18-01] (RIN: 2120-AA64) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4873. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; American Champion Aircraft
Corporation Models 8KCAB, 8GCBC, 7GCBC, 7ECA, 7GCAA, and
7KCAB Airplanes (Federal Aviation Administration) [Docket No.
96-CE-36-AD; Amendment 39-9726; AD 96-18-02] (RIN: 2120-AA64)
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4874. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bell Helicopter Textron, A Division
of Textron Canada Ltd. Model 206L, 206L-1, and 206L-3
Helicopters (Federal Aviation Administration) [Docket No. 95-
SW-13-AD; Amendment 39-9729; AD 96-18-05] (RIN: 2120-AA64)
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4875. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 737-300, -400, and -
500 Series Airplanes (Federal Aviation Administration)
[Docket No. 95-NM-138-AD; Amendment 39-9728; AD 96-18-04]
(RIN: 2120-AA64) received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4876. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Saab Model SAAB SF340A and SAAB
340B Series Airplanes (Federal Aviation Administration)
[Docket No. 95-NM-243-AD; Amendment 39-9727; AD 96-18-03]
(RIN: 2120-AA64) received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4877. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A320-111, -211, and -
231 Series Airplanes (Federal Aviation Administration)
[Docket No. 95-NM-249-AD; Amendment 39-9730; AD 96-18-06]
(RIN: 2120-AA64) received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4878. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-10-10
and -15 Series Airplanes (Federal Aviation Administration)
[Docket No. 95-NM-204-AD; Amendment 39-9735; AD 96-18-11]
(RIN: 2120-AA64) received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4879. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28666; Amdt. No. 1749] (RIN: 2120-AA65) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
[[Page 2150]]
Committee on Transportation and Infrastructure.
4880. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28667; Amdt. No. 1750] (RIN: 2120-AA65) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4881. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28665; Amdt. No. 1748] (RIN: 2120-AA65) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
4882. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bellanca, Incorporated Models 17-
30, 17-30A, 17-31, 17-31A, 17-31TC, and 17-31ATC Airplanes
(Federal Aviation Administration) [Docket No. 95-CE-54-AD;
Amendment 39-9731; AD 96-18-07] (RIN: 2120-AA64) received
September 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4883. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Beech (Raytheon) Model BAe 125-800A
and -1000A, and Model Hawker 800 and 1000 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-165-AD;
Amendment 39-9733; AD 96-18-09] (RIN: 2120-AA64) received
September 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4884. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A300-600 and A310
Series Airplanes Equipped With General Electric Model CF6-80
Engines (Federal Aviation Administration) [Docket No. 95-NM-
175-AD; Amendment 39-9734; AD 96-18-10] (RIN: 2120-AA64)
received September 5, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4885. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A320 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-237-AD;
Amendment 39-9736; AD 96-18-12] (RIN: 2120-AA64) received
September 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
4886. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Elimination of Regulations Concerning the Public Lands
Highways Discretionary Funds Program (Federal Highway
Administration) [FHWA Docket No. 95-28] (RIN: 2125-AD69)
received August 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
4887. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Motor Vehicle Content Labeling (National Highway Traffic
Safety Administration) [Docket No. 92-64; Notice 9] (RIN:
2127-AG46) received August 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
4888. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Examination of Returns and Claims for Refund, Credit, or
Abatement; Determination of Correct Tax Liability (Revenue
Procedure RP-242645-96) received September 3, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
4889. A communication from the President of the United
States, transmitting a report concerning his actions in
response to the ITC safeguards investigation of broom corn
brooms, pursuant to section 203(b)(1) of the Trade Act of
1974; to the Committee on Ways and Means.
4890. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
Program; Changes to the Hospital Inpatient Prospective
Payment Systems and Fiscal Year 1997 Rates (RIN: 0938-AH34)
received August 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
4891. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on
proliferation of missiles and essential components of
nuclear, biological, and chemical weapons, pursuant to 22
U.S.C. 2751 note; jointly, to the Committees on National
Security and International Relations.
para.102.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 740. An Act to confer jurisdiction on the United
States Court of Federal Claims with respect to land claims of
Pueblo of Isleta Indian Tribe.
The message also announced that the Senate had passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 3060. An Act to implement the Protocol on
Environmental Protection to the Antarctic Treaty.
para.102.4 committees and subcommittees to sit
On motion of Mr. SOLOMON, by unanimous consent, the following
committees and their subcommittees were granted permission to sit today
during the 5-minute rule: the Committee on Agriculture, the Committee on
Banking and Financial Services, the Committee on Commerce, the Committee
on Economic and Educational Opportunities, the Committee on Government
Reform and Oversight, the Committee on the Judiciary, and the Committee
on Transportation and Infrastructure.
para.102.5 committee resignation--majority
The SPEAKER pro tempore, Mr. HUTCHINSON, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, September 4, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Rayburn House Office
Building, Washington, DC.
Dear Speaker Gingrich: Having accepted your appointment to
the Committee on Agriculture, I hereby submit to you my
resignation from the Committee on Small Business.
It has been a great honor for me to serve under the capable
leadership of Chairwoman Meyers, and it is with deep regret
that I leave her committee. However, I will continue to work
closely with her and the committee to protect the interests
of America's small business community.
With best wishes, I am
Sincerely,
David Funderburk,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.102.6 water rights task force
The SPEAKER pro tempore, Mr. HUTCHINSON, laid before the House a
communication, which was read as follows:
House of Representatives,
Office of the Democratic Leader,
Washington, DC, September 4, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: Pursuant to Section 389(d)(2) of Public
Law 104-127, I hereby appoint the following individual to the
Water Rights Task Force:
Mr. Richard Roos-Collins of California.
Yours very truly,
Richard A. Gephardt.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
para.102.7 transportation appropriations
On motion of Mr. WOLF, by unanimous consent, the bill (H.R. 3675)
making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes; together with the amendments of the Senate thereto, was taken
from the Speaker's table.
When on motion of Mr. WOLF, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
para.102.8 motion to instruct conferees--h.r. 3675
Mr. OBEY moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3675, be
instructed to disagree to Senate amendment numbered 150.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
[[Page 2151]]
para.102.9 appointment of conferees--h.r. 3675
Thereupon, the SPEAKER pro tempore, Mr. HUTCHINSON, by unanimous
consent, appointed Messrs. Wolf, DeLay, Regula, Rogers, Lightfoot,
Packard, Callahan, Dickey, Livingston, Sabo, Durbin, Coleman, Foglietta,
and Obey, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.102.10 energy and water appropriations
On motion of Mr. MYERS, by unanimous consent, the bill (H.R. 3816)
making appropriations for energy and water development for the fiscal
year ending September 30, 1997, and for other purposes; together with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. MYERS, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
para.102.11 motion to instruct conferees--h.r. 3816
Mr. BEVILL moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3816 be
instructed to insist on the House position in respect to section 510 of
the House-passed bill prohibiting the imposition by the Tennessee Valley
Authority of a performance deposit on persons constructing docks or
making other residential shoreline alterations.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. HUTCHINSON, announced that the yeas had
it.
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.102.12 appointment of conferees--h.r. 3816
Thereupon, the SPEAKER pro tempore, Mr. HUTCHINSON, by unanimous
consent, appointed Messrs. Myers, Rogers, Knollenberg, Riggs,
Frelinghuysen, Bunn, Parker, Livingston, Bevill, Fazio, Chapman,
Visclosky, and Obey, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.102.13 providing for the consideration of h.r. 3308
Mr. SOLOMON, by direction of the Committee on Rules, called up the
following resolution (H. Res. 517):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3308) to amend title 10, United States Code,
to limit the placement of United States forces under United
Nations operational or tactical control, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
National Security. After general debate the bill shall be
considered for amendment under the five-minute rule and shall
be considered as read. No amendment shall be in order except
those printed in the report of the Committee on Rules
accompanying this resolution. Each amendment may be
considered only in the order specified, may be offered only
by a Member designated in the report, shall be considered as
read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. The Chairman of the
Committee of the Whole may: (1) postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be fifteen minutes. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
When said resolution was considered.
After debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.102.14 u.s. armed forces protection act
The SPEAKER pro tempore, Mr. HUTCHINSON, pursuant to House Resolution
517 and rule XXIII, declared the House resolved into the Committee of
the Whole House on the state of the Union for the consideration of the
bill (H.R. 3308) to amend title 10, United States Code, to limit the
placement of United States forces under United Nations operational or
tactical control, and for other purposes.
The SPEAKER pro tempore, Mr. HUTCHINSON, by unanimous consent,
designated Mr. KOLBE as Chairman of the Committee of the Whole; and
after some time spent therein,
para.102.15 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. BARTLETT of
Maryland:
At the end of the bill, add the following new section:
SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED
FORCES TO WEAR UNIFORM ITEMS OF THE UNITED
NATIONS.
(a) In General.--Chapter 45 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 777. Insignia of United Nations: prohibition on
requirement for wearing
``No member of the armed forces may be required to wear as
part of the uniform any badge, symbol, helmet, headgear, or
other visible indicia or insignia which indicates (or tends
to indicate) any allegiance or affiliation to or with the
United Nations except in a case in which the wearing of such
badge, symbol, helmet, headgear, indicia, or insignia is
specifically authorized by law with respect to a particular
United Nations operation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``777. Insignia of United Nations: prohibition on requirement for
wearing.''.
Page 9, strike out lines 11 through 16.
Page 9, line 17, strike out ``(K)'' and insert in lieu
thereof ``(J)''.
It was decided in the
Yeas
276
<3-line {>
affirmative
Nays
130
para.102.16 [Roll No. 404]
AYES--276
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bentsen
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonilla
Bono
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Clayton
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
[[Page 2152]]
Kasich
Kelly
Kildee
Kim
King
Klink
Klug
Knollenberg
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McNulty
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Mink
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wise
Wolf
Young (FL)
Zimmer
NOES--130
Abercrombie
Ackerman
Barrett (WI)
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Blumenauer
Boehlert
Bonior
Borski
Boucher
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Castle
Clay
Clement
Coleman
Collins (MI)
Conyers
Coyne
Cummings
DeLauro
Dellums
Dicks
Dixon
Doggett
Dooley
Durbin
Edwards
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gutierrez
Hall (OH)
Hastings (FL)
Hinchey
Houghton
Hoyer
Jackson (IL)
Jefferson
Johnson, E.B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kleczka
Kolbe
LaFalce
Leach
Levin
Lewis (GA)
Lincoln
Lofgren
Longley
Lowey
Luther
Maloney
Martinez
Matsui
McDermott
McHale
McKinney
Meehan
Meek
Millender-McDonald
Miller (CA)
Minge
Moakley
Mollohan
Moran
Morella
Murtha
Neal
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Peterson (FL)
Porter
Rangel
Reed
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Stupak
Thornton
Torres
Towns
Velazquez
Vento
Volkmer
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
NOT VOTING--27
Chapman
Chrysler
Collins (IL)
de la Garza
Deutsch
Engel
Fields (TX)
Ganske
Geren
Gibbons
Greene (UT)
Hansen
Harman
Hayes
Kingston
Lantos
Markey
Nadler
Pomeroy
Rose
Sanford
Smith (MI)
Studds
White
Wilson
Young (AK)
Zeliff
So the amendment was agreed to.
After some further time,
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, assumed the Chair.
When Mr. KOLBE, Chairman, pursuant to House Resolution 517, reported
the bill back to the House with sundry amendments adopted by the
Committee.
The previous question having been ordered by said resolution.
The following amendments, reported from the Committee of the Whole
House on the state of the Union, were agreed to:
Page 3, after line 18, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(1) the President should fully comply with all applicable
provisions of law governing the deployment of the Armed
Forces of the United States to United Nations peacekeeping
operations;
Page 10, line 19, strike out ``and''.
Page 10, line 22, strike out the period, close quotation
marks, and period at the end and insert in lieu thereof ``;
or''.
Page 10, after line 22, insert the following:
``(3) as superseding, negating, or otherwise affecting the
requirements of section 6 of the United Nations Participation
Act of 1945 (22 U.S.C. 287d).''.
Page 11, beginning on line 4, strike out ``as part of the
United Nations force designated as the United Nations
Protection Force (UNPROFOR)''.
Page 11, line 8, insert after ``Macedonia'' the following:
``as part of the United Nations force designated as the
United Nations Preventive Deployment Force (UNPREDEP)''.
Page 11, line 10, insert after ``1992,'' the following:
``and Resolution 983, adopted March 31, 1995,''.
Page 11, line 12, insert after ``Croatia'' the following:
``as part of the United Nations force designated as the
United Nations Transitional Administration for Eastern
Slavonia, Baranja, and Western Sirmium (UNTAES)''.
Page 11, beginning on line 13, strike out ``Resolution 743,
adopted February 21, 1992,'' and insert in lieu thereof
``Resolution 1037, adopted January 15, 1996,''.
At the end of the bill, add the following new section:
SEC. 5. PROHIBITION ON REQUIREMENT FOR MEMBERS OF THE ARMED
FORCES TO WEAR UNIFORM ITEMS OF THE UNITED
NATIONS.
(a) In General.--Chapter 45 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 777. Insignia of United Nations: prohibition on
requirement for wearing
``No member of the armed forces may be required to wear as
part of the uniform any badge, symbol, helmet, headgear, or
other visible indicia or insignia which indicates (or tends
to indicate) any allegiance or affiliation to or with the
United Nations except in a case in which the wearing of such
badge, symbol, helmet, headgear, indicia, or insignia is
specifically authorized by law with respect to a particular
United Nations operation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``777. Insignia of United Nations: prohibition on requirement for
wearing.''.
Page 9, strike out lines 11 through 16.
Page 9, line 17, strike out ``(K)'' and insert in lieu
thereof ``(J)''.
On page 9, line 21, insert before the period the following:
``and the percentage that such cost represents of the total
anticipated monthly incremental costs of all nations expected
to participate in such operation.''
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Mr. SPENCE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
299
When there appeared
<3-line {>
Nays
109
para.102.17 [Roll No. 405]
YEAS--299
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Christensen
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Farr
Fawell
Fazio
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lucas
Manton
Manzullo
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (FL)
Moakley
Molinari
[[Page 2153]]
Mollohan
Montgomery
Moorhead
Murtha
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Young (FL)
Zimmer
NAYS--109
Abercrombie
Ackerman
Baldacci
Becerra
Beilenson
Berman
Bevill
Blumenauer
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chenoweth
Clay
Clayton
Coleman
Collins (MI)
Costello
Coyne
Cummings
DeLauro
Dellums
Dicks
Dixon
Doggett
Dooley
Eshoo
Evans
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Gephardt
Gonzalez
Gutierrez
Hall (OH)
Hastings (FL)
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jefferson
Johnston
Kaptur
Kennedy (RI)
Kennelly
LaFalce
Leach
Lewis (GA)
Lewis (KY)
Lowey
Luther
Maloney
Markey
Martinez
Matsui
McDermott
McKinney
Meek
Millender-McDonald
Miller (CA)
Minge
Mink
Moran
Morella
Oberstar
Olver
Owens
Payne (NJ)
Pelosi
Peterson (FL)
Rahall
Rangel
Reed
Richardson
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Stupak
Thornton
Torres
Towns
Velazquez
Vento
Waters
Watt (NC)
Waxman
Williams
Woolsey
Wynn
Yates
NOT VOTING--25
Chapman
Chrysler
Collins (IL)
Conyers
de la Garza
Deutsch
Engel
Fields (TX)
Ganske
Geren
Gibbons
Hansen
Harman
Hayes
Kingston
Lantos
Myers
Nadler
Rose
Sanford
Studds
Walker
Wilson
Young (AK)
Zeliff
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.102.18 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendments
of the Senate to the bill (H.R. 3517) ``An Act making appropriations for
military construction, family housing, and base realignment and closure
for the Department of Defense for the fiscal year ending September 30,
1997, and for other purposes.''
The message also announced that the Senate agrees to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 3845) ``An Act making
appropriations for the government of the District of Columbia and other
activities chargeable in whole or in part against the revenues of said
District for the fiscal year ending September 30, 1997, and for other
purposes.
para.102.19 providing for the consideration of h.r. 3719
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 516):
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3719) to amend the Small Business Act and
Small Business Investment Act of 1958. The first reading of
the bill shall be dispensed with. Points of order against
consideration of the bill for failure to comply with clause
2(l)(2)(B) of rule XI are waived. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Small Business. After general
debate the bill shall be considered for amendment under the
five-minute rule. It shall be in order to consider as an
original bill for the purpose of amendment under the five-
minute rule the amendment in the nature of a substitute
recommended by the Committee on Small Business now printed in
the bill. The committee amendment in the nature of a
substitute shall be considered by title rather than by
section. The first three sections and each title shall be
considered as read. Points of order against the committee
amendment in the nature of a substitute for failure to comply
with clause 5(a) of rule XXI are waived. During consideration
of the bill for amendment, the Chairman of the Committee of
the Whole may accord priority in recognition on the basis of
whether the Member offering an amendment has caused it to be
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Amendments so
printed shall be considered as read. The Chairman of the
Committee of the Whole may: (1) postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be fifteen minutes. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution, was agreed to
was, by unanimous consent, laid on the table.
para.102.20 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Sherman Williams, one of his
secretaries, who also informed the House that on the following dates the
President approved and signed bills of the House of the following
titles:
A message in writing from the President of the United States was
communicated to the House by Mr. Sherman Williams, one of his
secretaries, who also informed the House that on the following dates the
President approved and signed bills of the House and Senate of the
following titles:
July 1, 1996:
H.R. 3029. An Act to designate the United States courthouse
in Washington, District of Columbia, as the ``E. Barrett
Prettyman United States Courthouse.''
July 2, 1996:
H.R. 2803. An Act to amend the anti-car theft provisions of
title 49, United States Code, to increase the utility of
motor vehicle title information to the State and Federal law
enforcement officials, and for other purposes.
July 3, 1996:
H.R. 3525, An Act amend title 18, United States Code, to
clarify the Federal jurisdiction over offenses relating to
damage to religious property.
July 9, 1996:
H.R. 1880, An Act to designate the United States Post
Office building at 102 South McLean, Lincoln, Illinois, as
the ``Edward Madigan Post Office Building'';
H.R. 2437, An Act to provide for the exchange of certain
lands in Gilpin County, Colorado;
H.R. 2704, An Act to provide that the United States Post
Office building that is to be located at 7436 South Exchange
Avenue, Chicago, Illinois, shall be known and designated as
the ``Charles A. Hayes Post Office Building''; and
H.R. 3364, An Act to designate the Federal building and
United States courthouse located at 235 North Washington
Avenue in Scranton, Pennsylvania, as the ``William J. Nealon
Federal Building and United States Courthouse''.
July 18, 1996:
H.R. 2070, An Act to provide for the distribution within
the United States of the United States Information Agency
film entitled ``Fragile Ring of Life''; and
H.R. 2853, An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Bulgaria.
July 19, 1996:
H.R. 1508, An act to require the transfer of title to the
District of Columbia of
[[Page 2154]]
certain real property in Anacostia Park to facilitate the
construction of National Children's Island, a cultural,
educational, and family-oriented park.
July 21, 1996:
H.R. 3121, An Act to amend the Foreign Assistance Act of
1961 and the Arms Export Control Act to make improvements to
certain defense and security assistance provisions under
those Acts, to authorize the transfer of naval vessels to
certain foreign countries, and for other purposes.
July 24, 1996:
H.R. 419, An Act for the relief of Benchmark Rail Group,
Inc.; and
H.R. 701, An Act to authorize the Secretary of Agriculture
to convey lands to the city of Rolla, Missouri.
July 29, 1996:
H.R. 248, An Act to amend the Public Health Service Act to
provide for the conduct of expanded studies and the
establishment of innovative programs with respect to
traumatic brain injury, and for other purposes.
July 30, 1996:
H.R. 2337, An Act to amend the Internal Revenue Code Act of
1986 to provide for increased taxpayer protections.
August 3, 1996:
H.R. 497, An Act to create the National Gambling Impact and
Policy Commission;
H.R. 1627, An Act to amend the Federal Insecticide,
Fungicide, and Rodenticide Act and the Federal Food, Drug,
and Cosmetic Act, and for other purposes; and
H.R. 3161, An Act to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Romania.
August 5, 1996:
H.R. 3107, An Act to impose sanctions on persons making
certain investments directly and significantly contributing
to the enhancement of the ability of Iran or Libya to develop
its petroleum resources, and on persons exporting certain
items that enhance Libya's weapons or aviation capabilities
or enhance Libya's ability to develop its petroleum
resources, and for other purposes.
The President has approved the following:
The message further announced that on the following dates the
President approved and signed bills of the Senate of the following
titles:
July 2, 1996:
S. 1136, An Act to control and prevent commercial
counterfeiting, and for other purposes; and
S. 1903, An Act to designate the bridge, estimated to be
completed in the year 2000, that replaces the bridge on
Missouri highway 74 spanning from East Cape Girardeau,
Illinois, to Cape Girardeau, Missouri, as the ``Bill Emerson
Bridge'', and for other purposes.
July 5, 1996:
S. 1579, An Act to streamline and improve the effectiveness
of chapter 75 of title 31, United States Code (commonly
referred to as the ``Single Audit Act'').
July 29, 1996:
S. 966, An Act for the relief of Nathan C. Vance, and for
other purposes; and
S. 1899, An Act entitled the ``Mollie Beattie Wilderness
Area Act''.
para.102.21 small business programs
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, pursuant to House
Resolution 516 and rule XXIII, declared the House resolved into the
Committee of the Whole House on the state of the Union for the
consideration of the bill (H.R. 3719) to amend the Small Business Act
and the Small Business Investment Act of 1958.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, by unanimous
consent, designated Mr. COLLINS of Georgia as Chairman of the Committee
of the Whole; and after some time spent therein,
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, assumed the Chair.
When Mr. COLLINS of Georgia, Chairman, pursuant to House Resolution
516, reported the bill back to the House with an amendment adopted by
the Committee.
The previous question having been ordered by said resolution.
The following amendment, reported from the Committee of the Whole
House on the state of the Union, was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small
Business Programs Improvement Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Administrator defined.
Sec. 3. Effective date.
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT
Sec. 101. References.
Sec. 102. Risk management database.
Sec. 103. Section 7(a) loan program.
Sec. 104. Disaster loan program.
Sec. 105. Microloan demonstration program.
Sec. 106. Small business development center program.
Sec. 107. Miscellaneous authorities to provide loans and other
financial assistance.
Sec. 108. Small business competitiveness demonstration program.
Sec. 109. Amendment to Small Business Guaranteed Credit Enhancement Act
of 1993.
Sec. 110. 1998 authorizations.
Sec. 111. Level of participation for export working capital loans.
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT
Sec. 201. References.
Sec. 202. Modifications to development company debenture program.
Sec. 203. Required actions upon default.
Sec. 204. Loan liquidation pilot program.
Sec. 205. Registration of certificates.
Sec. 206. Preferred surety bond guarantee program.
Sec. 207. Sense of the Congress.
SEC. 2. ADMINISTRATOR DEFINED.
In this Act, the term ``Administrator'' means the
Administrator of the Small Business Administration.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on October 1,
1996.
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Small Business Act (15 U.S.C. 631 et
seq.).
SEC. 102. RISK MANAGEMENT DATABASE.
Section 4(b) (15 U.S.C. 633) is amended by inserting after
paragraph (2) the following:
``(3) Risk management database.--
``(A) Establishment.--The Administration shall establish,
within the management system for the loan programs authorized
by subsections (a) and (b) of section 7 of this Act and title
V of the Small Business Investment Act of 1958, a management
information system that will generate a database capable of
providing timely and accurate information in order to
identify loan underwriting, collections, recovery, and
liquidation problems.
``(B) Information to be maintained.--In addition to such
other information as the Administration considers
appropriate, the database established under subparagraph (A)
shall, with respect to each loan program described in
subparagraph (A), include information relating to--
``(i) the identity of the institution making the guaranteed
loan or issuing the debenture;
``(ii) the identity of the borrower;
``(iii) the total dollar amount of the loan or debenture;
``(iv) the total dollar amount of government exposure in
each loan;
``(v) the district of the Administration in which the
borrower has its principal office;
``(vi) the borrower's principal line of business, as
identified by Standard Industrial Classification Code (or any
successor to that system);
``(vii) the delinquency rate for each program (including
number of instances and days overdue);
``(viii) the number of defaults in each program (including
losses and recoveries);
``(ix) the number of deferrals or forbearances in each
program (including days and number of instances); and
``(x) comparisons on the basis of loan program, lender,
Administration district and region, for all the data elements
maintained.
``(C) Deadline for operational capability.--The database
established under subparagraph (A) shall be operational not
later than March 31, 1997, and shall capture data beginning
on the first day of the first quarter of fiscal year 1997
beginning after such date and thereafter.''.
SEC. 103. SECTION 7(A) LOAN PROGRAM.
(a) Servicing and Liquidation of Loans by Preferred
Lenders.--Section 7(a)(2)(C)(ii)(II) (15 U.S.C.
636(a)(2)(C)(ii)(II)) is amended to read as follows:
``(II) complete authority to service and liquidate such
loans without obtaining the prior specific approval of the
Administration for routine servicing and liquidation
activities, but shall not take any actions creating an actual
or apparent conflict of interest.''.
(b) Certified Lenders Program.--Section 7(a)(19) (15 U.S.C.
636(a)(19)) is amended to read as follows:
``(19)(A) Certified lenders program.--
``(i) Establishment.--In addition to the Preferred Lenders
Program authorized by the proviso in section 5(b)(7), the
Administration is authorized to establish a Certified Lenders
Program for lenders who establish their knowledge of
Administration laws and regulations concerning the guaranteed
loan program and their proficiency in program requirements.
``(ii) Suspension and revocation.--The designation of a
lender as a certified lender shall be suspended or revoked at
any time that the Administration determines that the lender
is not adhering to its rules and regulations or that the loss
experience of the lender is excessive as compared to other
lenders, but such suspension or revocation shall not affect
any outstanding guarantee.
``(B) Uniform and simplified loan forms.--In order to
encourage all lending institutions and other entities making
loans authorized under this subsection to provide loans of
$50,000 or less in guarantees to eligi
[[Page 2155]]
ble small business loan applicants, the Administration shall
develop and allow participating lenders to solely utilize a
uniform and simplified loan form for such loans.
``(C) Low documentation loan program.--The Administrator
may carry out the low documentation loan program for loans of
$100,000 or less only through Preferred Lenders and Certified
Lenders, or lenders with significant experience making small
business loans. The Administration shall give special
consideration to lenders who have made loans under the
authority of this section. The Administrator shall promulgate
regulations defining the experience necessary for lenders
other than Preferred or Certified Lenders for participation
as a lender in the low documentation loan program no later
than 90 days after the date of enactment of this subsection.
``(D) Authority liquidate loans.--
``(i) In general.--Lenders participating in the Certified
Lenders Program shall have authority to liquidate loans made
with a guarantee from the Administration.
``(ii) Approval.--The Administrator has the authority to
require a certified lender to request approval of a routine
liquidation activity, and if the Administrator does not
approve or deny a request made by a certified lender within a
period of 5 business days, such request shall be deemed to be
approved.
``(E) Low documentation loan program subsidy rate.--The
Administrator shall with the assistance of the Director of
the Office of Management and Budget establish and monitor, on
an annual basis, the subsidy rate for the low documentation
loan program, independently of other loans authorized by this
section.''.
(c) Limitation on Conducting Pilot Projects.--Section 7(a)
(15 U.S.C. 636(a)) is amended by adding at the end the
following new paragraph:
``(25) Limitation on conducting pilot projects.--
``(A) In general.--Not more than 10 percent of the total
number of loans guaranteed in any fiscal year under this
subsection may be awarded as part of a pilot program which is
commenced by the Administrator on or after October 1, 1996.
``(B) Pilot program defined.--In this paragraph, the term
`pilot program' means any lending program initiative,
project, innovation, or other activity not specifically
authorized by law.''.
(d) Securitization of Unguaranteed Portions of SBA Loans.--
Section 5(f)(3) (15 U.S.C. 634(f)(3)) is amended by adding at
the end the following: ``The Administration may not prohibit
a lender from securitizing the nonguaranteed portion of any
loan made under section 7(a). In order to reduce the risk of
loss to the government in the event of default, the
Administration may require all lenders securitizing, or
requesting Administration approval for the securitization of
the nonguaranteed portion of any loan, to retain exposure of
up to 10 percent of the amount of the loan, which percentage
shall be applicable uniformly to both depository institutions
and other lenders unless the Administrator determines that
the lender, on a case by case basis, has undertaken other
agreements which retain an acceptable exposure to loss by the
lender in the event of default of a loan being
securitized.''.
(e) Conditions on Purchase of Loans.--
(1) Servicing fee.--Section 5(g)(5) (15 U.S.C. 634(g)(5))
is amended by adding at the end the following:
``(C) In the event the Administration pays a claim under a
guarantee issued under this Act, the servicing fees paid to
the lender from the earliest date of default to the date of
payment of the claim shall be no more than the agreed upon
rate, minus one percent.''.
(2) Payment of accrued interest.--Section 7(a)(17) is
amended--
(A) by striking ``(17) The Administration'' and inserting
``(17)(A) The Administration''; and
(B) by adding at the end the following:
``(B) Any bank or other lending institution making a claim
for payment on the guaranteed portion of a loan made under
this subsection shall be paid the accrued interest due on the
loan from the earliest date of default to the date of payment
of the claim at a rate not to exceed the rate of interest on
the loan on the date of default, minus one percent.''.
(f) Plan for Transfer of Loan Servicing Functions to
Centralized Centers.--
(1) Implementation plan required.--The Administrator of the
Small Business Administration shall submit a detailed plan
for consolidating, in one or more centralized centers, the
performance of the various functions relating to the
servicing of loans directly made or guaranteed by the
Administration pursuant to the Small Business Act, addressing
the matters described in paragraph (2) by the deadline
specified in paragraph (3).
(2) Contents of plan.--In addition to such other matters as
the Administrator may deem appropriate, the plan required by
paragraph (1) shall include--
(A) the proposed number and location of such centralized
loan processing centers;
(B) the proposed workload (identified by type and numbers
of loans and their geographic origin by the Small Business
Administration district office) and staffing of each such
center;
(C) a detailed, time-phased plan for the transfer of the
identified loan servicing functions to each proposed center;
and
(D) any identified impediments to the timely execution of
the proposed plan (including adequacy of available financial
resources, availability of needed personnel, facilities, and
related equipment) and the Administrator's recommendations
for addressing such impediments.
(3) Deadline for submission.--The plan required by
paragraph (1) shall be submitted to the Committees on the
Small Business of the House of Representatives and Senate not
later than February 28, 1997.
(g) Preferred Lender Standard Review Program.--Not later
than 60 days after the date of enactment of this Act, the
Administrator shall issue a request for proposals regarding
the standard review program for the Preferred Lender Program
established by section 5(b)(7) of the Small Business Act (15
U.S.C. 634(b)(7)). The Administrator shall require such
standard review for each new entrant to the Preferred Lender
Program.
(h) Independent Study of Loan Programs.--
(1) Study required.--The Administrator shall conduct a
comprehensive assessment of the performance of the loan
programs authorized by section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) and title V of the Small Business
Investment Act of 1958 (15 U.S.C. 661) addressing the matters
described in paragraph (2) and resulting in a report to
Congress pursuant to paragraph (5).
(2) Matters to be assessed.--In addition to such other
matters as the Administrator considers appropriate, the
assessment required by paragraph (1) shall address, with
respect to each loan program described in paragraph (1) for
each of the fiscal years described in paragraph (3)--
(A) the number and frequency of deferrals and defaults;
(B) default rates;
(C) comparative loss rates, by--
(i) type of lender (separately addressing preferred
lenders, certified lenders, and general participation
lenders);
(ii) term of the loan; and
(iii) dollar value of the loan at disbursement; and
(D) the economic models used by the Office of Management
and Budget to calculate the credit subsidy rate applicable to
the loan programs.
(3) Period of assessment.--The assessments undertaken
pursuant to paragraph (2) shall address data for the period
beginning with the first full fiscal year of the
implementation of each loan program described in paragraph
(1) through fiscal year 1995.
(4) Performance by the private sector.--
(A) Contractor performance.--A private sector contractor
shall be used by the Administrator to conduct the assessment
required by paragraph (1) and to prepare the report to
Congress required by paragraph (3).
(B) Solicitation and award.--The contract shall be awarded
pursuant to a solicitation issued not later than 60 days
after the date of the enactment of this Act, which shall
provide for full and open competition. The Administrator
shall make every reasonable effort to award the contract not
later that 60 days after the date specified in the
solicitation for receipt of proposals.
(C) Access to information.--The Administrator shall provide
to the contractor access to any information collected by or
available to the Administration with regard to the loan
programs being assessed. The contractor shall preserve the
confidentiality of any information for which confidentiality
is protected by law or properly asserted by the person
submitting such information.
(D) Contract funding.--The Administrator shall fund the
cost of the contract from the amounts appropriated for the
salaries and expenses of the Administration for fiscal year
1997.
(5) Report to congress.--
(A) Contents.--The contractor shall submit a report of--
(i) its analyses of the matters to be assessed pursuant to
paragraph (2); and
(ii) its independent recommendations, with respect to each
loan program, regarding--
(I) improving the Administration's timely collection and
subsequent management of data to measure the performance of
each loan program described in paragraph (1); and
(II) reducing loss rates for each such loan program.
(B) Submission by contractor.--The contractor shall submit
the report required by subparagraph (A) not later than 6
months after the date of the contract award.
(C) Submission to congress.--The Administrator shall submit
the report received from the contractor pursuant to
subparagraph (B) to the Committees on Small Business of the
House of Representatives and the Senate within 30 days of
receipt of the report. The Administrator shall append his
comments, and those of the Office of Management and Budget,
if any, to the report.
(i) General Accounting Office Study.--
(1) In general.--The General Accounting Office shall
conduct a comparison of the cost of liquidation for--
(A) loans guaranteed under the Preferred Lenders Program
that are authorized by section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) and liquidated by the Preferred Lenders;
(B) loans made and liquidated by, Preferred Lenders, but
not guaranteed under the authority in section 7(a); and
(C) loans guaranteed by the Small Business Administration
under the authority in section 7(a) and liquidated by the
Administration, taking into account all of the related costs
incurred by the Federal Government.
(2) Report.--Not later than 9 months after the date of
enactment of this Act the General Accounting Office shall
deliver the results of the study to the Committees on Small
Business of the House and Senate.
[[Page 2156]]
SEC. 104. DISASTER LOAN PROGRAM.
(a) Interest Rate.--Section 7(c) (15 U.S.C. 636(c)) is
amended by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively, and by inserting after paragraph
(5) the following:
``(6) Disasters commencing after october 1, 1996.--
Notwithstanding any other provision of law, the interest rate
on the Federal share of any loan made under subsection (b)(1)
and (b)(2) on account of a disaster commencing on or after
October 1, 1996, shall be in the case of a homeowner, or
business, or other concern, including agricultural
cooperatives, unable to obtain credit elsewhere, at the rate
prescribed by the Administration but not more than \3/4\ of
the rate determined by the Secretary of the Treasury, taking
into consideration the current average market yield on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the average
maturities of such loans plus an additional charge of not to
exceed 1 percent per annum as determined by the
Administrator, and adjusted to the nearest \1/8\ of 1 percent
but not to exceed 7 per centum per annum.
``(7) Liability.--Whoever wrongfully misapplies the
proceeds of a loan under subsection (b) shall be liable to
the Administrator in an amount equal to 1\1/2\ times the
original principal amount of the loan.''.
(b) Private Sector Loan Servicing Demonstration Program.--
(1)(A) Demonstration program required.--The Administration
shall conduct a demonstration program, within the parameters
described in paragraph (2), to evaluate the comparative costs
and benefits of having the Administration's portfolio of
disaster loans serviced under contract rather than directly
by employees of the Administration.
(B) Initiation date.--Not later than 90 days after the date
of enactment of this Act, the Administration shall issue a
request for proposals for the program parameters described in
paragraph (2).
(2) Demonstration program parameters.--
(A) Loan sample.--The sample of loans for the demonstration
program shall be randomly drawn from the Administration's
portfolio of loans made pursuant to section 7(b) of the Small
Business Act and include 20,000 loans for residential
properties and 5,000 loans for commercial properties.
(B) Contract and options.--The Administration shall solicit
and competitively award one or more contracts to service the
loans included in the sample of loans described in
subparagraph (A) for a term of 2 years with 5 2-year options,
each to be awarded subject to subparagraph (C).
(C) Assessments of performance.--Prior to award of any
contract option, the Administration shall assess the costs
and performance of each contractor and compare such costs and
such performance to the costs and performance of servicing
disaster loans by employees of the Administration. The
Administrator shall not exercise a contract option if the
cost of performance of the loan servicing by the contractor
exceeds the cost of performance of the loan servicing by
employees of the Administration. The Administrator may
terminate the contract during its initial term (or any
subsequent option period), based upon performance and cost
criteria specified in the solicitation and included in the
contract.
(D) Disposition of government furnished property.--The
contract shall require the contractor to--
(i) maintain the confidentiality of the loan files
furnished by the Administration; and
(ii) return such loan files and other Government-furnished
property within a specified period after expiration (or
termination) of the contract.
(3) Term of demonstration program.--
(A) In general.--The demonstration program required by
paragraph (1) shall commence on the first day of the first
fiscal year quarter after the award of the contract and
continue through the last day of the fiscal year quarter at
the expiration of the 2-year contract period or any
subsequent contract option.
(B) Early termination.--If the Administrator terminates
each contract pursuant to paragraph (2)(C), the demonstration
program shall end on the effective date of such termination.
(4) Reports.--
(A) Interim reports.--The Administrator shall submit to the
Committees on Small Business of the House of Representatives
and Senate interim reports on the conduct of the
demonstration program not later than 60 days prior to the
expiration of the initial 2-year contract performance period,
each subsequent option period, or termination of a contract.
The contractor shall be afforded a reasonable opportunity to
attach comments to each such report.
(B) Final report.--The Administrator shall submit to the
Committees on Small Business of the House of Representatives
and Senate a final report within 120 days of the termination
of the demonstration program.
(c) Definition of Disaster.--(1) Section 3(k) (15 U.S.C.
632(k)) is amended by striking ``ocean conditions'' and
inserting ``ocean conditions, or government action
(regulatory or otherwise)''.
(2) For the purposes of this Act this amendment shall be
considered effective with respect to any disaster occurring
on or after March 1, 1994.
SEC. 105. MICROLOAN DEMONSTRATION PROGRAM.
(a) Technical Assistance Grant Requirements.--Section
7(m)(4) (15 U.S.C. 636(m)(4)) is amended--
(1) in subparagraph (A) by striking ``25 percent'' and
inserting ``20 percent''; and
(2) in subparagraph (B) by striking ``25 percent'' and
inserting ``35 percent''.
(b) Implementation of Guaranteed Microloan Pilot Program.--
(1) Action required.--The Administrator shall implement or
submit a detailed report explaining the impediments to the
implementation of a Guaranteed Microloan Pilot Program
pursuant to section 7(m)(12) (15 U.S.C. 636(m)(12))
addressing the matters described in paragraph (2) by the
deadline specified in paragraph (3).
(2) Contents of implementation report.--In addition to such
other matters as the Administrator may deem appropriate, the
plan required by paragraph (1) shall include any identified
impediments to implementation of a Guaranteed Microloan Pilot
Program that, in the opinion of the Administrator, require
amendments to the program's authorizing legislation, and if
such impediments are identified, includes recommendations for
such statutory changes.
(3) Deadline for submission.--The plan required by
paragraph (2) shall be submitted to the Committees on Small
Business of the House of Representatives and Senate not later
than December 1, 1996.
(c) Limitation on Funding.--In the event that the
Administrator shall fail to submit the report required by
subsection (b)(1) by the deadline specified in subsection
(b)(3), none of the amounts appropriated to carry out the
Microloan Program authorized by section 7(m)(12) of the Small
Business Act (15 U.S.C. 636(m)(12)) during fiscal year 1997
may be expended until such time as the pilot program is
implemented or the report is submitted.
SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) Associate Administrator for Small Business Development
Centers.--
(1) Duties.--Section 21(h) (15 U.S.C. 648(h)) is amended to
read as follows:
``(h) Associate Administrator for Small Business
Development Centers.--
``(1) Appointment and compensation.--The Administrator
shall appoint an Associate Administrator for Small Business
Development Centers who shall report to an official who is
not more than one level below the Office of the Administrator
and who shall serve without regard to the provisions of title
5 governing appointments in the competitive service, and
without regard to chapter 51, and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, but at a rate not less than the rate of
GS-17 of the General Schedule.
``(2) Duties.--
``(A) In general.--The sole responsibility of the Associate
Administrator for Small Business Development Centers shall be
to administer the small business development center program.
Duties of the position shall include, but are not limited to,
recommending the annual program budget, reviewing the annual
budgets submitted by each applicant, establishing appropriate
funding levels therefore, selecting applicants to participate
in this program, implementing the provisions of this section,
maintaining a clearinghouse to provide for the dissemination
and exchange of information between small business
development centers and conducting audits of recipients of
grants under this section.
``(B) Consultation requirements.--In carrying out the
duties described in this subsection, the Associate
Administrator shall confer with and seek the advice of the
Board established by subsection (i) and Administration
officials in areas served by the small business development
centers; however, the Associate Administrator shall be
responsible for the management and administration of the
program and shall not be subject to the approval or
concurrence of such Administration officials.''.
(2) References to associate administrator.--Section 21 (15
U.S.C. 648) is amended--
(A) in subsection (c)(7) by striking ``Deputy Associate
Administrator of the Small Business Development Center
program'' and inserting ``Associate Administrator for Small
Business Development Centers''; and
(B) in subsection (i)(2) by striking ``Deputy Associate
Administrator for Management Assistance'' and inserting
``Associate Administrator for Small Business Development
Centers''.
(b) Extension or Renewal of Cooperative Agreements.--
Section 21(k)(3) (15 U.S.C. 648(k)(3)) is amended to read as
follows:
``(3) Extension or renewal of cooperative agreements.--
``(A) In general.--In extending or renewing a cooperative
agreement of a small business development center, the
Administration shall consider the results of the examination
and certification program conducted pursuant to paragraphs
(1) and (2).
``(B) Certification requirement.--After September 30, 2000,
the Administration may not renew or extend any cooperative
agreement with a small business development center unless the
center has been approved under the certification program
conducted pursuant to this subsection; except that the
Associate Administrator for Small Business Development
Centers may waive such certification requirement, in the
discretion of the Associate Administrator, upon a showing
that the center is making a good faith effort to obtain
certification.''.
[[Page 2157]]
(c) Technical Correction.--Section 21(l) (15 U.S.C. 648(l))
is amended to read as follows:
``(l) Contract Authority.--The authority to enter into
contracts shall be in effect for each fiscal year only to the
extent and in the amounts as are provided in advance in
appropriations Acts. After the administration has entered a
contract, either as a grant or a cooperative agreement, with
any applicant under this section, it shall not suspend,
terminate, or fail to renew or extend any such contract
unless the Administration provides the applicant with written
notification setting forth the reasons therefore and
affording the applicant an opportunity for a hearing, appeal,
or other administrative proceeding under the provisions of
chapter 5 of title 5, United States Code.''.
SEC. 107. MISCELLANEOUS AUTHORITIES TO PROVIDE LOANS AND
OTHER FINANCIAL ASSISTANCE.
(a) Funding Limitation; Seminars.--Section 7(d) (15 U.S.C.
636(d)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)''; and
(2) by striking paragraph (2).
(b) Trade Adjustment Loans.--Section 7(e) (15 U.S.C.
636(e)) is amended to read as follows:
``(e) [RESERVED].''.
(c) Waiver of Credit Elsewhere Test for Colleges and
Universities.--Section 7(f) (15 U.S.C. 636(f)) is amended to
read as follows:
``(f) [RESERVED].''.
(d) Loans to Small Business Concerns for Solar Energy and
Energy Conservation Measures.--Section 7(l) (15 U.S.C.
636(l)) is amended to read as follows:
``(l) [RESERVED].''.
SEC. 108. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM.
(a) Extension of Demonstration Program.--Section 711(c) of
the Small Business Competitiveness Demonstration Program Act
of 1988 (15 U.S.C. 644 note; 102 Stat. 3890) is amended by
striking ``September 30, 1996'' and inserting ``September 30,
2000''.
(b) Reporting of Subcontract Participation in Contracts for
Architectural and Engineering Services.--Section 714(b)(5) of
the Small Business Competitiveness Demonstration Program Act
of 1988 (15 U.S.C. 644 note; 102 Stat. 3892) is amended to
read as follows:
``(5) Duration.--The system described in subsection (a)
shall be established not later than October 1, 1996 (or as
soon as practicable thereafter on the first day of a
subsequent quarter of fiscal year 1997), and shall terminate
on September 30, 2000.''.
(c) References to Architectural and Engineering Services.--
(1) In general.--The Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note; 102
Stat. 3889 et seq.) is amended in subsections (a)(3) and (d)
by striking ``surveying and mapping'' and inserting
``surveying, mapping, and landscape architecture''.
(2) Designated industry groups.--Section 717(d) of the
Small Business Competitiveness Demonstration Program Act of
1988 (15 U.S.C. 644 note; 102 Stat. 3894) is amended by
inserting ``standard industrial classification codes 0781 (if
identified as pertaining to architecture services),'' after
``(if identified as pertaining to mapping services),''.
(d) Reports to Congress.--
(1) In general.--Section 716 of the Small Business
Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note; 102 Stat. 3893) is amended--
(A) in subsection (a), by striking ``fiscal year 1991 and
1995'' and inserting ``each of fiscal years 1991 through
1999'';
(B) in subsection (a), by striking ``results'' and
inserting ``cumulative results''; and
(C) in subsection (c), by striking ``1996'' and inserting
``1999''.
(2) Cumulative report through fiscal year 1995.--A
cumulative report of the results of the Small Business
Competitiveness Demonstration Program for fiscal years 1991
through 1995 shall be submitted not later than 60 days after
the date of the enactment of this Act pursuant to section
716(a) of the Small Business Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644 note; 102 Stat. 3893), as
amended by paragraph (1) of this subsection.
SEC. 109. AMENDMENT TO SMALL BUSINESS GUARANTEED CREDIT
ENHANCEMENT ACT OF 1993.
(a) Section 7 of the Small Business Guaranteed Credit
Enhancement Act of 1993 (Public Law 103-81; 15 U.S.C. 634
note) is repealed effective September 29, 1996.
(b) Clerical Amendment.--The table of contents for the
Small Business Guaranteed Credit Enhancement Act of 1993
(Public Law 103-81; 15 U.S.C. 631 note) is amended by
striking the item relating to section 7.
SEC. 110. 1998 AUTHORIZATIONS.
Section 20 (15 U.S.C. 631 note) is amended--
(1) in subsection (p), by striking ``authorized for fiscal
year 1997'' and inserting ``authorized for each of fiscal
years 1997 and 1998'';
(2) by striking subsection (p)(3)(B) and by inserting the
following:
``(B) $268,000,000 in guarantees of debentures; and'';
(3) in subsection (q)(1) by striking ``fiscal year 1997''
and inserting ``each of fiscal years 1997 and 1998''; and
(4) in subsection (q)(2) by striking ``year 1997'' and
inserting ``years 1997 and 1998''.
SEC. 111. LEVEL OF PARTICIPATION FOR EXPORT WORKING CAPITAL
LOANS.
Section 7(a)(2) (15 U.S.C. 636(a)(2)) is amended by adding
at the end the following:
``(D) Participation under export working capital program.--
Notwithstanding subparagraph (A), in an agreement to
participate in a loan on a deferred basis under the Export
Working Capital Program established pursuant to paragraph
(14)(A), such participation by the Administration shall be
equal to the rate specified under this paragraph as in effect
on the day before the date of the enactment of the Small
Business Lending Enhancement Act of 1995.''.
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT
SEC. 201. REFERENCES.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Small Business Investment Act of 1958
(15 U.S.C. 661 et seq.).
SEC. 202. MODIFICATIONS TO DEVELOPMENT COMPANY DEBENTURE
PROGRAM.
(a) Decreased Loan to Value Ratios.--Section 502(3) (15
U.S.C. 696(3)) is amended to read as follows:
``(3) Criteria for assistance.--
``(A) In general.--Any development company assisted under
this section or section 503 of this title must meet the
criteria established by the Administration, including the
extent of participation to be required or amount of paid-in
capital to be used in each instance as is determined to be
reasonable by the Administration.
``(B) Community injection funds.--
``(i) Sources of funds.--Community injection funds may be
derived, in whole or in part, from--
``(I) State or local governments;
``(II) banks or other financial institutions;
``(III) foundations or other not-for-profit institutions;
or
``(IV) the small business concern (or its owners,
stockholders, or affiliates) receiving assistance through a
body authorized by this title.
``(ii) Funding from institutions.--Not less than 50 percent
of the total cost of any project financed pursuant to clauses
(i), (ii), or (iii) of subparagraph (C) shall come from the
institutions described in subclauses (I), (II), and (III) of
clause (i).
``(C) Funding from a small business concern.--The small
business concern (or its owners, stockholders, or affiliates)
receiving assistance through a body authorized by this title
shall provide--
``(i) at least 15 percent of the total cost of the project
financed, if the small business concern has been in operation
for a period of 2 years or less;
``(ii) at least 15 percent of the total cost of the project
financed if the project involves the construction of a
limited or single purpose building or structure;
``(iii) at least 20 percent of the total cost of the
project financed if the project involves both of the
conditions set forth in clauses (i) and (ii); or
``(iv) at least 10 percent of the total cost of the project
financed, in all other circumstances, at the discretion of
the development company.''.
(b) Guarantee Fee for Development Company Debentures.--
Section 503(b)(7)(A) (15 U.S.C. 697(b)(7)(A)) is amended by
striking ``0.125 percent'' and inserting ``0.9375 percent''.
(c) Fees To Offset Subsidy Cost.--Section 503(d) (15 U.S.C.
697(d)) is amended to read as follows:
``(d) Charges for Administration Expenses.--
``(1) Level of charges.--The Administration may impose an
additional charge for administrative expenses with respect to
each debenture for which payment of principal and interest is
guaranteed under subsection (a).
``(2) Participation fee.--The Administration shall also
impose a one-time fee of 50 basis points on the total
participation in any project of any institution described in
subclause (I), (II), or (III) of section 502(3)(B)(i). Such
fee shall be imposed only when the participation of the
institution will occupy a senior credit position to that of
the development company. Such fee shall be collected by the
development company, forwarded to the Administration, and
used to offset the cost (as such term is defined in section
502 of the Credit Reform Act of 1990) to the Administration
of making guarantees under subsection (a).
``(3) Development company fee.--The Administration shall
collect annually from each development company a fee of 0.125
percent of the outstanding principal balance of any
guaranteed debenture authorized by the Administration after
September 30, 1996. Such fee shall be derived from the
servicing fees collected by the development company pursuant
to regulation, and shall not be derived from any additional
fees imposed on small business concerns. All proceeds of the
fee shall be used to offset the cost (as such term is defined
in section 502 of the Credit Reform Act of 1990) to the
Administration of making guarantees under subsection (a).''.
(d) Effective Date.--Section 503 (15 U.S.C. 697) is amended
by adding at the end the following:
``(f) Effective Date.--The fees authorized by subsections
(b) and (c) shall apply to financings approved by the
Administration on or after October 1, 1996, but shall not
apply to financings approved by the Administration on or
after October 1, 1997.''.
SEC. 203. REQUIRED ACTIONS UPON DEFAULT.
Section 503 (15 U.S.C. 697) is amended by adding at the end
the following:
[[Page 2158]]
``(g) Required Actions Upon Default.--
``(1) Deadlines.--
``(A) Initial actions.--Not later than the 45th day after
the date on which a payment on a loan funded through a
debenture guaranteed under this section is due and not
received, the Administration shall--
``(i) take all necessary steps to bring such a loan
current; or
``(ii) implement a formal written deferral agreement.
``(B) Purchase or acceleration of debenture.--Not later
than the 65th day after the date on which a payment on a loan
described in subparagraph (A) is due and not received, and
absent a formal written deferral agreement, the
Administration shall take all necessary steps to purchase or
accelerate the debenture.
``(2) Prepayment penalties.--The Administration shall, with
respect to the portion of any project derived from funds set
forth in section 502(3)--
``(A) negotiate the elimination of any prepayment penalties
or late fees on defaulted loans made prior to September 30,
1996;
``(B) decline to pay any prepayment penalty or late fee on
the default based purchase of loans issued after September
30, 1996; and
``(C) for any project financed after September 30, 1996,
decline to pay any default interest rate higher than the
interest rate on the note prior to the date of default.''.
SEC. 204. LOAN LIQUIDATION PILOT PROGRAM.
(a) In General.--The Administrator shall carry out a loan
liquidation pilot program (in this section referred to as the
``pilot program'') in accordance with the requirements of
this section.
(b) Selection of Development Companies.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall allow not less than 15 development
companies authorized to make loans and issue debentures under
title V of the Small Business Investment Act of 1958 to
participate in the pilot program. The development companies
admitted shall agree not to take any action that would create
a potential conflict of interest involving the development
company, the third party lender, or an associate of the third
party lender. In order to qualify to participate in the
pilot, each development company shall--
(1) have a minimum of 6 years experience in the program
established by such title V;
(2) have made, during the last 6 fiscal years, an average
of 10 loans per year through the program established by such
title V; and
(3) have a minimum of 2 years experience, either
independently or through an agent, in liquidating loans under
the authority of a Federal, State, or other lending program.
(c) Authority of Development Companies.--The development
companies selected under subsection (b) shall, for all loans
in their portfolio of loans made through debentures
guaranteed under title V of the Small Business Investment Act
of 1958 that are in default after the date of enactment of
this Act, be authorized to--
(1) perform all liquidation and foreclosure functions,
including the acceleration or purchase of community injection
funds, subject to such company obtaining prior written
approval from the Administrator before committing the agency
to purchase any other indebtedness secured by the property:
Provided, That the Administrator shall approve or deny a
request for such purchase within a period of 5 business days;
and
(2) liquidate such loans in a reasonable and sound manner
and according to commercially accepted practices pursuant to
a liquidation plan approved by the administrator in advance
of its implementation. If the Administrator does not approve
or deny a request made by a certified development company
within a period of 5 business days, such request shall be
deemed to be approved.
(d) Authority of the Administrator.--In carrying out the
pilot program, the Administrator shall--
(1) have full authority to deny participation in the pilot
program or rescind the authority granted any development
company under this section upon a 10-day written notice
stating the reasons for the denial or rescission; and
(2) implement the pilot program no later than 90 days after
the admission of the development companies specified in
subsection (b).
(e) Report.--
(1) In general.--The Administrator shall issue a report on
the results of the pilot program to the Committees on Small
Business of the House of Representatives and the Senate. The
report shall include information relating to--
(A) the total dollar amount of each loan and project
liquidated;
(B) the total dollar amount guaranteed by the
Administration;
(C) total dollar losses;
(D) total recoveries both as percentage of the amount
guaranteed and the total cost of the project; and
(E) a comparison of the pilot program information with the
same information for liquidation conducted outside the pilot
program over the period of time.
(2) Reporting period.--The report shall be based on data
from, and issued not later than 90 days after the close of,
the first eight 8 fiscal quarters of the pilot program's
operation after the date of implementation.
SEC. 205. REGISTRATION OF CERTIFICATES.
(a) Certificates Sold Pursuant to Small Business Act.--
Section 5(h) of the Small Business Act (15 U.S.C. 634(h)) is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(h)'' and inserting ``(h)(1)'';
(3) by striking subparagraph (A), as redesignated by
paragraph (1) of this subsection, and inserting the
following:
``(A) provide for a central registration of all loans and
trust certificates sold pursuant to subsections (f) and (g)
of this section;''; and
(4) by adding at the end the following:
``(2) Nothing in this subsection shall prohibit the
utilization of a book-entry or other electronic form of
registration for trust certificates. The Administration may,
with the consent of the Secretary of the Treasury, use the
book-entry system of the Federal Reserve System.''.
(b) Certificates Sold Pursuant to Small Business Investment
Company Program.--Section 321(f) (15 U.S.C. 6871(f)) is
amended--
(1) in paragraph (1) by striking ``Such central
registration shall include'' and all that follows through the
period at the end of the paragraph; and
(2) by adding at the end the following:
``(5) Nothing in this subsection shall prohibit the use of
a book-entry or other electronic form of registration for
trust certificates.''.
(c) Certificates Sold Pursuant to Development Company
Program.--Section 505(f) (15 U.S.C. 697b(f)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(f)'' and inserting ``(f)(1)'';
(3) by striking subparagraph (A), as redesignated by
paragraph (1) of this subsection, and inserting the
following:
``(A) provide for a central registration of all trust
certificates sold pursuant to this section;'' and
(4) by adding at the end the following:
``(2) Nothing in this subsection shall prohibit the
utilization of a book-entry or other electronic form of
registration for trust certificates.''.
SEC. 206. PREFERRED SURETY BOND GUARANTEE PROGRAM.
(a) Admissions of Additional Program Participants.--Section
411(a) (15 U.S.C. 694(a)) is amended by adding a new
paragraph (5), as follows:
``(5)(A) The Administration shall promptly act upon an
application from a surety to participate in the Preferred
Surety Bond Guarantee Program, authorized by paragraph (3),
in accordance with criteria and procedures established in
regulations pursuant to subsection (d).
``(B) The Administration is authorized to reduce the
allotment of bond guarantee authority or terminate the
participation of a surety in the Preferred Surety Bond
Guarantee Program based on the rate of participation of such
surety during the 4 most recent fiscal year quarters compared
to the median rate of participation by the other sureties in
the program.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to applications received (or pending
substantive evaluation) on or after October 1, 1995.
SEC. 207. SENSE OF THE CONGRESS.
It is the sense of the Congress that the subsidy models
prepared by the Office of Management and Budget relative to
loan programs sponsored by the United States Small Business
Administration have a tendency to:
(1) overestimate potential risks of loss; and
(2) overemphasize historical losses that may be anomolous
and do not truly reflect the success of the programs as a
whole.
Consequently, Congress mandates the independent study in
section 103(h) with hopes of improving the ability of the
Office of Management and Budget to more accurately reflect
the budgetary implications of such programs.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Mr. LaFALCE objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
408
When there appeared
<3-line {>
Nays
0
para.102.22 [Roll No. 406]
YEAS--408
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Clay
Clayton
Clement
[[Page 2159]]
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zimmer
NOT VOTING--25
Canady
Chrysler
Collins (IL)
Conyers
de la Garza
Deutsch
Dooley
Durbin
Engel
Fields (TX)
Ganske
Geren
Gibbons
Hansen
Harman
Hayes
Kingston
Lantos
Nadler
Quillen
Rose
Sanford
Williams
Young (AK)
Zeliff
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.102.23 food donations
On motion of Mr. GOODLING, by unanimous consent, the bill (H.R. 2428)
to encourage the donation of food and grocery products to nonprofit
organizations for distribution to needy individuals by giving the Model
Good Samaritan Food Donation Act the full force and effect of law;
together with the following amendments of the Senate thereto, was taken
from the Speaker's table:
Page 2, line 8, after ``striking'' insert: ``the title
heading and''.
Page 2, strike out line 15 and insert: Samaritan'';
(C) in subsection (b)(7), to read as follows:
``(7) Gross negligence.--The term `gross negligence' means
voluntary and conscious conduct (including a failure to act)
by a person who, at the time of the conduct, knew that the
conduct was likely to be harmful to the health or well-being
of another person.'';
Page 2, strike out all after line 15, over to and including
line 11 on page 3 and insert:
(D) by striking subsection (c) and inserting the following:
``(c) Liability for Damages From Donated Food and Grocery
Products.--
``(1) Liability of person or gleaner.--A person or gleaner
shall not be subject to civil or criminal liability arising
from the nature, age, packaging, or condition of apparently
wholesome food or an apparently fit grocery product that the
person or gleaner donates in good faith to a nonprofit
organization for ultimate distribution to needy individuals.
``(2) Liability of nonprofit organization.--A nonprofit
organization shall not be subject to civil or criminal
liability arising from the nature, age, packaging, or
condition of apparently wholesome food or an apparently fit
grocery product that the non-profit organization received as
a donation in good faith from a person or gleaner for
ultimate distribution to needy individuals.
``(3) Exception.--Paragraphs (1) and (2) shall not apply to
an injury to or death of an ultimate user or recipient of the
food or grocery product that results from an act or omission
of the person, gleaner, or nonprofit organization, as
applicable, constituting gross negligence or intentional
misconduct.''; and
Page 3, after line 11 insert:
(E) in subsection (f), by adding at the end the following:
``Nothing in this section shall be construed to supersede
State or local health regulations.''.
Page 4, after line 1 insert:
(c) Conforming Amendment.--The table of contents for the
National and Community Service Act of 1990 is amended by
striking the items relating to title IV.
On motion of Mr. GOODLING, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.102.24 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, September 9, 1996.
para.102.25 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Monday, September 9, 1996, it
adjourn to meet at 12:30 p.m. on Tuesday, September 10, 1996, for
``morning hour'' debates.
para.102.26 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Tuesday, September 10, 1996,
it adjourn to meet at 9:00 a.m. on Wednesday, September 11, 1996.
para.102.27 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
September 11, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.102.28 order of business--recess
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That at any time on Wednesday, September 11, 1996, the
Speaker may declare a recess, subject to the call of the Chair, for the
purpose of receiving in joint meeting His Excellency John Bruton, Prime
Minister of Ireland.
para.102.29 message from the president--emigration laws and policies of
mongolia
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
I hereby transmit a report concerning emigration laws and policies of
Mongolia as required by subsections 402(b) and 409(b) of title IV of the
Trade Act of 1974, as amended (``the Act''). I have determined that
Mongolia is in full compliance with the criteria in subsections 402(a)
and 409(b) of the act. As required by title IV, I will provide the
Congress with periodic reports re
[[Page 2160]]
garding Mongolia's compliance with these emigration standards.
William J. Clinton.
The White House, September 4, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means and ordered to
be printed (H. Doc. 104-258).
para.102.30 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 740. An Act to confer jurisdiction on the United
States Court of Federal Claims with respect to land claims of
Pueblo of Isleta Indian Tribe;
H.R. 3269. An Act to amend the Impact Aid program to
provide for a hold-harmless with respect to amounts for
payments relating to the Federal acquisition of real
property, and for other purposes;
H.R. 3517. An Act making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes;
H.R. 3754. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1997, and for
other purposes; and
H.R. 3845. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1997, and for other
purposes.
para.102.31 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today;
To Mr. UNDERWOOD, for today through September 10;
To Mr. GEREN, for today; and
To Mr. SANFORD, for today.
And then,
para.102.32 adjournment
On motion of Mr. McINTOSH, pursuant to the special order heretofore
agreed to, at 5 o'clock and 35 minutes p.m., the House adjourned until
12 noon, Monday, September 9, 1996.
para.102.33 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 3863. A bill to amend the Higher
Education Act of 1965 to permit lenders under the
unsubsidized Federal Family Education Loan program to pay
origination fees on behalf of borrowers; with amendments
(Rept. No. 104-775). Referred to the Committee of the Whole
House on the State of the Union.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. House Resolution 470. Resolution expressing
the sense of the Congress that the Department of Education
should play a more active role in monitoring and enforcing
compliance with the provisions of the Higher Education Act of
1965 related to campus crime (Rept. No. 104-776). Referred to
the House Calendar.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3640. A
bill to provide for the settlement of issues and claims
related to the trust lands of the Torres-Martinez Desert
Cahuilla Indians, and for other purposes; with an amendment
(Rept. No. 104-777). Referred to the Committee of the Whole
House on the State of the Union.
para.102.34 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BASS:
H.R. 4026. A bill to assist the State of New Hampshire in
examining the historical significance of the Berlin, NH,
area; to the Committee on Resources.
By Mr. FRANKS of New Jersey:
H.R. 4027. A bill to amend the Food Stamp Act of 1977 to
forbid recipients of food stamp benefits to resell, or to
barter, food acquired with such benefits; to the Committee on
Agriculture.
By Mr. LaTourette (for himself and Mr. Dingell):
H.R. 4028. A bill to amend the Great Lakes Fish and
Wildlife Restoration Act of 1990 to provide for
implementation of recommendations of the U.S. Fish and
Wildlife Service contained in the Great Lakes Fishery
Restoration Study Report; to the Committee on Resources.
By Mr. NADLER:
H.R. 4029. A bill to improve aviation security by requiring
air carriers to install certain explosive detection equipment
at airports and to use explosive resistant cargo containers
on aircraft, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. PALLONE (for himself and Mr. Torricelli):
H.R. 4030. A bill to terminate ocean dumping at the Mud
Dump Site and other sites within the New York Bight Apex off
of the coast of New Jersey; to the Committee on
Transportation and Infrastructure.
By Mr. RIGGS:
H.R. 4031. A bill to provide that the provision of the Fair
Labor Standards Act of 1938 on the accounting of tips in
determining the wage of tipped employees shall preempt any
State or local provision precluding a tip credit or requiring
a tip credit less than the tip credit provided under such
act; to the Committee on Economic and Educational
Opportunities.
By Mr. RIGGS:
H.R. 4032. A bill to promote balance between natural
resources, economic development, and job retention in
northwest California, and for other purposes; to the
Committee on Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SANDERS:
H.R. 4033. A bill to amend chapter 35 of title 44, United
States Code, popularly known as the Paperwork Reduction Act,
to ensure that Federal agencies give priority to reducing
paperwork burdens on small businesses having 50 or fewer
employees; to the Committee on Government Reform and
Oversight, and in addition to the Committee on Small
Business, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SAXTON (for himself, Mr. Gilchrest, Mr.
LoBiondo, and Mr. Smith of New Jersey):
H.R. 4034. A bill to terminate ocean dumping at the Mud
Dump Site off the coast of New Jersey; to the Committee on
Transportation and Infrastructure.
By Mr. SENSENBRENNER (for himself, Mr. Obey, Mr.
Neumann, Mr. Klug, Mr. Petri, Mr. Roth, Mr. Barrett
of Wisconsin, Mr. Miller of Florida, Mrs. Meyers of
Kansas, Mr. Ramstad, Mr. Oberstar, Mr. Peterson of
Minnesota, Mr. Sabo, and Mr. Minge):
H.R. 4035. A bill to rescind the consent of Congress to the
Northeast Interstate Dairy Compact; to the Committee on the
Judiciary.
By Mr. SMITH of New Jersey (for himself and Mr.
Gilman):
H.R. 4036. A bill to strengthen the protection of
internationally recognized human rights; to the Committee on
International Relations, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SMITH of New Jersey (for himself, Mr. Hyde, Mr.
Lantos, Mr. Moran, Mr. Kennedy of Massachusetts, Ms.
Ros-Lehtinen, Mr. Miller of California, and Mr.
Faleomavaega):
H.R. 4037. A bill to impose certain sanctions on countries
that do not prohibit child labor; to the Committee on
International Relations, and in addition to the Committee on
Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BARR:
H.J. Res. 190. Joint resolution proposing an amendment to
the Constitution of the United States to provide that no
person born in the United States will be a U.S. citizen on
account of birth in the United States unless both parents are
either U.S. citizens or aliens lawfully admitted for
permanent residence at the time of the birth; to the
Committee on the Judiciary.
para.102.35 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 28: Mr. Hayworth.
H.R. 103: Ms. Eddie Bernice Johnson of Texas and Mr.
Cummings.
H.R. 777: Mr. Baker of Louisiana.
H.R. 778: Mr. Baker of Louisiana.
H.R. 809: Mr. Lucas.
H.R. 858: Mr. Meehan, Mr. Bryant of Tennessee, Mr. Metcalf,
Mr. Bishop, and Mr. Gordon.
H.R. 942: Ms. Norton, Mr. Olver, and Mr. Torkildsen.
H.R. 1073: Mr. Bentsen.
H.R. 1074: Mr. Bentsen.
H.R. 1229: Mr. Sanders.
H.R. 1402: Mr. Rahall.
H.R. 1416: Mr. Faleomavaega.
H.R. 1863: Mr. Cummings.
H.R. 2006: Mr. Underwood.
H.R. 2190: Mr. Edwards.
H.R. 2270: Mrs. Myrick.
H.R. 2416: Mr. Torricelli, Mr. Payne of New Jersey, and Mr.
Andrews.
H.R. 2470: Mrs. Cubin.
H.R. 2489: Mr. Baker of Louisiana, Mr. DeLay, Mr. Deutsch,
Mr. Ensign, Mr. Frost, Mr. Johnston of Florida, Mr. Longley,
Mr. McHugh, Mr. Rangel, and Mr. Watts of Oklahoma.
H.R. 2508: Mr. LaFalce, Mr. Collins of Georgia, Ms. Rivers,
and Mr. Foley.
H.R. 2548: Mr. Johnson of South Dakota.
[[Page 2161]]
H.R. 2582: Ms. Norton
H.R. 2651: Mr. Lucas and Mrs. Vucanovich.
H.R. 2727: Mr. Weldon of Florida.
H.R. 2749: Mr. Skeen.
H.R. 2807: Mr. Ehlers, Mr. Romero-Barcelo, and Mr.
Greenwood.
H.R. 2834: Mr. McNulty.
H.R. 2892: Mr. Durbin and Mr. Moakley.
H.R. 2951: Mrs. Morella.
H.R. 2976: Mr. Cramer, Mrs. Maloney, and Ms. Slaughter.
H.R. 2994: Mr. Boehlert.
H.R. 3000: Mr. Lucas.
H.R. 3151: Mr. Reed.
H.R. 3153: Mr. Peterson of Florida.
H.R. 3182: Mr. Horn.
H.R. 3226: Mr. Baldacci and Mr. Hobson.
H.R. 3307: Mr. Pickett.
H.R. 3337: Ms. Harman.
H.R. 3477: Ms. Furse, Mr. Romero-Barcelo, and Mr. Thompson.
H.R. 3482: Ms. Norton and Mr. Sanders.
H.R. 3504: Mr. Ackerman, Mr. Baker of Louisiana, Ms. Brown
of Florida, Mr. Flanagan, Mr. Jacobs, Mr. Manzullo, Mrs.
Myrick, Mr. Stearns, and Mr. Watts of Oklahoma.
H.R. 3636: Mr. Hutchinson.
H.R. 3645: Mr. Manton, Mr. Shays, Mr. Obey, and Mr. Weldon
of Pennsylvania.
H.R. 3648: Mr. Bonior.
H.R. 3688: Mr. Gejdenson.
H.R. 3733: Mr. Dellums.
H.R. 3752: Mr. Pombo, Mr. Weldon of Florida, Mr. Hastings
of Washington, and Mr. Duncan.
H.R. 3775: Mr. Klug.
H.R. 3799: Mr. Ewing, Mr. Durbin, Mr. Skelton, Mr.
Hostettler, Mr. McIntosh, Mr. Lewis of Kentucky, Mr. Weldon
of Florida, Mr. Bereuter, and Mr. Leach.
H.R. 3803: Mr. Romero-Barcelo, Mr. Davis, Ms. Norton, and
Mr. Oxley.
H.R. 3836: Mr. Fox.
H.R. 3837: Mr. Ackerman, Mr. Frost, Mrs. Thurman, Mrs. Meek
of Florida, Mr. Lewis of Georgia, Ms. Lofgren, Mr. LaFalce,
Mr. Gutierrez, Mr. Torres, Mr. Flake, Ms. Millender-McDonald,
and Ms. Slaughter.
H.R. 3849: Mr. Clement, Mr. McKeon, and Mr. Dornan.
H.R. 3853: Mr. Gordon and Mr. Cramer.
H.R. 3863: Mr. Gunderson, Mr. Mascara, Mr. Ackerman, Mr.
Dellums, and Mr. Upton.
H.R. 3889: Mr. Bono, Mr. Calvert, Mrs. Seastrand, Mr. Baker
of California, Mr. Moorhead, Mr. Houghton, Mr. Packard, and
Mr. Pombo.
H.R. 3905: Mr. Blute, Mr. Christensen, and Ms. Slaughter.
H.R. 3923: Mr. Rahall, Ms. Molinari, Mr. Clement, Mr.
Weller, Mr. Holden, Mr. Frisa, and Mr. Cramer.
H.R. 3927: Mr. Gonzalez, Ms. Lofgren, Mr. Watts of
Oklahoma, Mr. Brown of California, Mr. Bryant of Texas, Mr.
Baldacci, Mr. Frazer, Ms. Norton, Mr. Gilman, Ms. Velazquez,
and Mrs. Schroeder.
H.R. 3939: Mr. Bereuter.
H.R. 3952: Mrs. Mink of Hawaii.
H.R. 3966: Mr. Ney, Mr. Manzullo, Mr. Hilleary, Mr.
Dingell, and Mr. Faleomavaega.
H.R. 4006: Mr. McIntosh, Mr. Petri, and Mr. Lucas.
H.J. Res. 97: Ms. Kaptur.
H.J. Res. 127: Mr. Rogers.
H. Con. Res. 10: Mr. Calvert.
H. Con. Res. 50: Mr. Visclosky.
H. Con. Res. 51: Mr. Traficant and Mr. Stump.
H. Con. Res. 145: Mr. Fox.
H. Con. Res. 195: Ms. Furse, Mrs. Thurman, Mr. Lantos, Mr.
Martinez, Mr. Sabo, Mr. DeFazio, and Mr. Manton.
H. Con. Res. 200: Mr. Rahall, Mr. Ackerman, and Ms.
Slaughter.
H. Res. 449: Mr. Ensign, Mr. Johnston of Florida, Mrs.
Myrick, and Mr. Watts of Oklahoma.
H. Con. Res. 470: Mr. Ackerman and Mr. Baker of Louisiana.
.
MONDAY, SEPTEMBER 9, 1996 (103)
para.103.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. COBLE,
who laid before the House the following communication:
Washington, DC,
September 9, 1996.
I hereby designate the Honorable Howard Coble to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.103.2 approval of the journal
The SPEAKER pro tempore, Mr. COBLE, announced he had examined and
approved the Journal of the proceedings of Thursday, September 5, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.103.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4892. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Colorado; Assessment Rate [Docket No.
FV96-948-1 FIR] received August 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4893. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
United States Standards for Grades of Frozen Cauliflower [FV-
91-329] received August 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4894. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon; Establishment of Handler
Reporting Requirements and Interest Charges on Overdue
Assessment Payments [FV96-956-1 FR] received August 28, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4895. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Idaho-Eastern Oregon Onions; Assessment Rate [Docket No.
FV96-958-2 FIR] received August 23, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4896. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Importation of Horses [Docket No. 95-
079-2] received August 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
4897. A letter from the Administrator, Food and Nutrition
Service, transmitting the Service's final rule--Determination
of Eligibility for Free Meals by Summer Food Service Program
Sponsors and Free and Reduced Price Meals by Child and Adult
Care Food Program Institutions (RIN: 0584-AB17) received
August 8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
4898. A letter from the Chief, Natural Resources
Conservation Service, transmitting the Service's final rule--
Wetlands Reserve Program (RIN: 0578-AA16) received August 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
4899. A letter from the Secretary of Agriculture,
transmitting the authorization of implementation of the
Northeast Interstate Dairy Compact, pursuant to Public Law
104-127, section 147; to the Committee on Agriculture.
4900. A letter from the Secretary of Transportation,
transmitting a report of a violation of the Anti-Deficiency
Act which occurred in the Coast Guard's AC&I appropriations
for fiscal years 1992 and 1993, pursuant to 31 U.S.C.
1417(b); to the Committee on Appropriations.
4901. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Department of the Navy violation, case number 96-04, in
the Standard Missile Medium Range Program, pursuant to 31
U.S.C. 1517(b); to the Committee on Appropriations.
4902. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Department of the Navy violation, case number 96-10, in
the Phalanx close-in weapons system, pursuant to 31 U.S.C.
1517(b); to the Committee on Appropriations.
4903. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Department of the Navy violation, case number 96-01, in
the fiscal year 1995 operation and maintenance, Navy [O&M,N]
appropriation at the suballotment level, pursuant to 31
U.S.C. 1517(b); to the Committee on Appropriations.
4904. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Department of the Navy violation, case number 94-08, in
the fiscal year 1990 operation and maintenance, Navy Reserve
appropriation, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
4905. A letter from the Under Secretary of Defense,
transmitting a report of a violation of the Anti-Deficiency
Act--Department of the Navy violation, case number 95-01, in
the fiscal year 1990 operation and maintenance, Navy [O&M,N]
appropriation, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
4906. A letter from the Principal Deputy Under Secretary of
Defense (Comptroller), Department of Defense, transmitting
notification that the Secretary has invoked the authority
granted by 41 U.S.C. 3732 to authorize the military
departments to incur obligations in excess of available
appropriations for clothing, subsistence, forage, fuel,
quarters, transportation, or medical and hospital supplies,
pursuant to 41 U.S.C. 11; to the Committee on National
Security.
4907. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a report on the
transfer of property to the Republic of Panama under the
Panama Canal Treaty of 1977 and related agreements, pursuant
to 22 U.S.C. 3784(b); to the Committee on National Security.
4908. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 16th monthly report as required by
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
4909. A letter from the Assistant to the Board, Board of
Governors of the Federal Reserve System, transmitting the
Board's final rule--Loans in Areas Having Special Flood
Hazards [Regulation H, Docket No. R-0897] received August 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4910. A letter from the Assistant to the Board, Board of
Governors of the Federal Reserve System, transmitting the
Board's final rule--Risk Based Capital Standards: Market
[[Page 2162]]
Risk [Regulations H and Y; Docket No. R-0884] received August
29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Banking and Financial Services.
4911. A letter from the Comptroller of the Currency,
Department of the Treasury, transmitting the Department's
final rule--Risk-Based Capital Standards: Market Risk [Docket
No. 96-18] (RIN: 1557-AB14) received September 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Finanical Services.
4912. A letter from the Comptroller of the Currency,
Department of the Treasury, transmitting the Department's
final rule--Loans in Areas Having Special Flood Hazards
[Docket No. 96-20] (RIN: 1557-AB47) received August 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4913. A letter from the Chairman and Chief Executive
Officer, Farm Credit Administration, transmitting the
Administration's final rule--Loans in Areas Having Special
Flood Hazards (RIN: 3052-AB57) received August 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
4914. A letter from the Chairman, Federal Housing Finance
Board, transmitting the Board's annual report on the low-
income housing and community development activities of the
Federal Home Loan Bank System for 1995, pursuant to 12 U.S.C.
1422b; to the Committee on Banking and Financial Services.
4915. A letter from the Chairman, Federal Housing Finance
Board, transmitting the Board's 1995 annual report, pursuant
to 12 U.S.C. 1422b; to the Committee on Banking and Financial
Services.
4916. A letter from the Attorney-Advisor, Federal Register
Certifying Officer, Financial Management Service,
transmitting the Service's final rule--Delivery of Checks and
Warrants to Addresses Outside the United States, its
Territories and Possessions (RIN: 1510-AA55) received August
8, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Banking and Financial Services.
4917. A letter from the Acting Director, Office of
Management and Budget, transmitting OMB's estimate of the
amount of change in outlays or receipts, as the case may be,
in each fiscal year through fiscal year 2002 resulting from
passage of H.R. 3734, pursuant to Public Law 101-508, section
13101(a) (104 Stat. 1388-582); to the Committee on the
Budget.
4918. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rural--Indian Fellowship and Professional
Development Programs (RIN: 1810-AA79) received August 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
4919. A letter from the Assistant Secretary of Labor for
Mine Safety and Health, Department of Labor, transmitting the
Department's final rule--Final Policy on Examination of
Working Places (30 CFR Parts 56 and 57) received September 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
4920. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Patent
Waiver Regulation (10 CFR Part 784) received August 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4921. A letter from the Deputy Administrator, Drug
Enforcement Administration, transmitting the Administration's
final rule--Removal of Exemption for Certain Pseudoephedrine
Products Marketed Under the Federal Food, Drug, and Cosmetic
Act (FD&C Act) [DEA-138F] (RIN: 1117-AA32) received September
6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
4922. A letter from the Administrator, Environmental
Protection Agency, transmitting the Agency's report entitled
``Assessment of International Air Pollution Prevention and
Control Technology,'' pursuant to Public Law 101-549, section
901(3) (104 Stat. 2706); to the Committee on Commerce.
4923. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plan for New Mexico--
Albuquerque/Bernalillo County: General Conformity Rules [FRL-
5549-9] received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4924. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans for Louisiana: General
Conformity Rule [FRL-5549-7] received September 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4925. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Approval
and Promulgation of PM10 State Implementation Plan for
Colorado; Telluride; Revisions to the Maintenance
Demonstration [FRL-5607-6] received September 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4926. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Dearing, Kansas) [MM
Docket No. 95-121] received August 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4927. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Policy and Rules Concerning the Interstate,
Interexchange Marketplace; Implementation of Section 254(g)
of the Communications Act of 1934, as amended [CC Docket No.
96-61] received August 29, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4928. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Macomb, Illinois) [MM
Docket No. 96-87] received August 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4929. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Apalachicola, Monticello,
Perry, Quincy, Springfield, Trenton, and Woodville, Florida)
[MM Docket No. 95-82] received August 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4930. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Interconnection and Resale Obligations Pertaining
to Commercial Mobile Radio Services [CC Docket No. 94-54]
received August 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
4931. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of Sections of the Cable
Television Consumer Protection and Competition Act of 1992;
Cable Pricing Flexibility [MM Docket No. 92-266; CS Docket
No. 96-157] received August 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4932. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Hopkinsville, Kentucky)
[MM Docket No. 96-106] received September 4, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
4933. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Hartfield, Arkansas)
received September 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4934. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Burlington, Colorado;
Brewster, Kansas) [MM Docket No. 94-134 received September 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4935. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Rulemaking to Amend Parts 1, 2, 21, and 25 of the
Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency
Band, to Reallocate the 29.5-30.0 GHz Frequency Band, to
Establish Rules and Policies for Local Multipoint
Distribution Service and for Fixed Satellite Services [CC
Docket No. 92-297] received, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
4936. A letter from the Chairman, Federal Communications
Commission, transmitting the 61st annual report of the
Commission including information required by the
Communications Act of 1934, as amended, and the
Communications Satellite Act of 1962, pursuant to 47 U.S.C.
154(k); to the Committee on Commerce.
4937. A letter from the Secretary, Federal Trade
Commission, transmitting the Commission's final rule--
Regulations Under the Comprehensive Smokeless Tobacco Health
Education Act of 1986 (16 CFR Part 307) received August 29,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4938. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Food Labeling: Health Claims; Sugar Alcohols and Dental
Caries [Docket No. 95P-0003] received August 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
4941. A letter from the Director, Defense Security
Assistance Agency, transmitting the quarterly reports in
accordance with sections 36(a) and 26(b) of the Arms Export
Control Act, the March 24, 1979, report by the Committee on
Foreign Affairs, and the seventh report by the Committee on
Government Operations for the third quarter of fiscal year
1996, April 1, 1996, April 1, 1996-June 30, 1996, pursuant to
22 U.S.C. 2776(a); to the Committee on International
Relations.
4942. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed letter(s) of offer and
acceptance [LOA] to Brunei for defense articles and services
(Transmittal No. 96-73), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
4943. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to Turkey (Transmittal No.
DTC-36-96), pursuant to 22 U.S.C. 2776(c); to the Committee
on International Relations.
[[Page 2163]]
4944. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for production of
major military equipment with Japan (Transmittal No. DTC-56-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
4945. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for production of
major military equipment with Japan (Transmittal No. DTC-59-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
4946. A letter from the Director, Office of Personnel
Management, transmitting the Office's report entitled
``Physicians Comparability Allowances,'' pursuant to 5 U.S.C.
5948(j)(1); to the Committee on Government Reform and
Oversight.
4947. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-392,
``Reorganization Plan No. 5 for the Department of Human
Services and Department of Corrections Temporary Act of
1996'' received September 6, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4948. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-374, ``Public
Assistance Fair Hearing Procedures Temporary Amendment Act of
1996'' received September 6, 1996, pursuant to D.C. Code,
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4949. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-384,
``Preservation of Residential Neighborhoods Against Nuisances
Temporary Act of 1996'', received September 6, 1996, pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
4950. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-381,
``District of Columbia Housing Authority Temporary Amendment
Act of 1996'', received September 6, 1996, pursuant to D.C.
Code, section 1-233(c)(1); to the Committee on Government
Reform and Oversight.
4951. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-380, ``Real
Property Tax Reassessment Temporary Act of 1996'', received
September 6, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4952. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-391, ``Drug
Paraphernalia Amendment Act of 1996'', received September 6,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4953. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-386, ``Cable
Television Franchise Amendment Act of 1996'', received
September 6, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4954. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-389, ``Health
and Hospitals Public Benefit Corporation Act of 1996''
received September 6, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4955. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-340,
``Alcoholic Beverage Underage Penalties Amendment Act of
1996'' received September 6, 1996, pursuant to D.C. Code
section 1-233(c)(1); to the Committee on Government Reform
and Oversight.
4956. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-348,
``Emergency Assistance Clarification Amendment Act of 1996''
received September 6, 1996, pursuant to D.C. Code, section 1-
233(c)(1); to the Committee on Government Reform and
Oversight.
4957. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-371,
``Lottery Games Amendment Act of 1996'' received September 6,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4958. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-372,
``Testing of District Government Drivers of Commercial Motor
Vehicles for Alcohol and Controlled Substances Temporary
Amendment Act of 1996'' received September 6, 1996, pursuant
to D.C. Code, section 1-233(c)(1); to the Committee on
Government Reform and Oversight.
4959. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. Act 11-378,
``Paternity Acknowledgment and Gas Station Advisory Board Re-
establishment Temporary Act of 1996'' received September 6,
1996, pursuant to D.C. Code, section 1-233(c)(1); to the
Committee on Government Reform and Oversight.
4960. A letter from the Director of Central intelligence,
Central Intelligence Agency, transmitting a report of
activities under the Freedom of Information Act for the
calendar year 1995, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Reform and Oversight.
4961. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Handicapped,
transmitting the Committee's final rule--Additions to the
Procurement List [96-003] received September 6, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4962. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List [I.D. 96-001] received August 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4963. A letter from the Executive Director, Committee for
Purchase From People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List [I.D. 96-002] received September 4, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
4965. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--Federal
Acquisition Regulation; Payment by Electronic Funds Transfer
[FAC 90-42; FAR Case 91-118] (RIN: 9000-AG49) received
September 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4966. A letter from the Director, Office of Management and
Budget, transmitting the Office's final rule--Executive,
Management, and Supervisory Development (RIN: 3602-AF96)
received September 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
4967. A letter from the Acting Director, Office of
Management and Budget, transmitting a report entitled ``The
Information Resources Management (IRM) Plan of the Federal
Government'' for fiscal year 1995, pursuant to 44 U.S.C.
3514; to the Committee on Government Reform and Oversight.
4968. A letter from the Deputy Director, Office of
Personnel Management, transmitting the Office's final rule--
Prevailing Rate Systems; Abolishment of Marion, IN,
Nonappropriated Fund Wage Area (RIN: 3206-AH60) received
September 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
4969. A letter from the Secretary of Labor, transmitting a
report of activities under the Freedom of Information Act for
the calendar year 1995, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Reform and Oversight.
4970. A letter from the Secretary of Transportation,
transmitting the Secretary's Management Report, October 1,
1995--March 31, 1996, pursuant to 31 U.S.C. 9106; to the
Committee on Government Reform and Oversight.
4971. A letter from the Chairman, Board of Directors,
Tennessee Valley Authority, transmitting a report of
activities under the Freedom of Information Act for the
calendar year 1995, pursuant to 5 U.S.C. 552(d); to the
Committee on Government Reform and Oversight.
4973. A letter from the Vice Chairman, Federal Election
Commission, transmitting proposed regulations governing
electronic filing of reports by political committees,
pursuant to 2 U.S.C. 438(d)(1); to the Committee on House
Oversight.
4975. A letter from the Acting Assistant Secretary for Land
and Minerals Management, Department of the Interior,
transmitting the annual report on royalty management and
collection activities for Federal and Indian mineral leases
in 1994 and 1995, pursuant to 30 U.S.C. 237; to the Committee
on Resources.
4976. A letter from the Deputy Associate Director for
Compliance, Minerals Management Service, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
4977. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Limes and Avacados Grown in Florida; Suspension of Certain
Volume Regulations and Reporting Requirements [Docket No. FV-
95-911-2 FIR] received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
4978. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--1996-97 Refuge-Specific Hunting
and Sport Fishing Regulations (RIN: 1018-AD76) received
August 29, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4979. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Lassen Volcanic National Park
(National Park Service) (RIN: 1024-AC52) received September
3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
4980. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting;
Migratory Bird Hunting Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 1996-97 Early Season
(RIN: 1018-AD69) received August 27, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4981. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Addition of Ten National
Wildlife Refuges to the List of Open Areas for Hunting and/or
Sport Fishing in Arkansas, Illinois, Indiana, Louisiana,
Missouri, Mississippi, and Nebraska (RIN: 1018-AD77) received
August 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
[[Page 2164]]
4982. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting; Early
Seasons and Bag and Possession Limits for Certain Migratory
Game Birds in the Contiguous United States, Alaska, Hawaii,
Puerto Rico, and the Virgin Islands (RIN: 1018-AD69) received
August 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4983. A letter from the Deputy Assistant Secretary for Land
and Minerals Management, Department of the Interior,
transmitting the Department's final rule--Alaska Occupancy
and Use; Alaska Homestead Settlement (RIN: 1004-AC90)
received September 6, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4984. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
final rule--Fisherman's Protective Act Guaranty Fund
Procedures [Public Notice 2425] received August 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4985. A letter from the Director, Minerals Management
Service, transmitting the decision document for the proposed
5-Year Outer Continental Shelf [OCS] Oil and Gas Leasing
Program for 1997-2002, pursuant to Public Law 91-190, section
102(s)(c); to the Committee on Resources.
4986. A letter from the Acting Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Caribbean, Gulf of Mexico, and
South Atlantic; Golden Crab Fishery Off the Southern Atlantic
States; Initial Regulations; OMB Control Numbers [Docket No.
950316075-6222-03; I.D. 022696A] (RIN: 0648-AH86) received
September 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4987. A letter from the Acting Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Northeastern United States;
Summer Flounder and Scup Fisheries; Amendment 8 [Docket No.
960520141-6221-02; I.D. 042696A] (RIN: 0648-AH05) received
September 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
4988. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Fisheries of
the Caribbean, Gulf of Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Closure [Docket No. 950725189-5260-02; I.D.
082096G] received September 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
4989. A letter from the Director, Office of Fisheries
Conservation and Management, National Marine Fisheries
Service, transmitting the Service's final rule--Atlantic Tuna
Fisheries; Fishery Closure [I.D. 081596C] received August 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4990. A letter from the Acting Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--The Fishing Capacity Reduction
Initiative (FCRI); Final Program Notice and Announcement of
Availability of Federal Assistance [Docket No. 95106161159-
6230-04; I.D. 082096I] (RIN: 0648-ZA16) received August 26,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
4991. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Ohio Regulatory Program
[OH-238-FOR, No. 72] received August 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4992. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Utah Regulatory Program
[SPATS No. UT-034] received August 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4993. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Virginia Regulatory
Program [VA-108-FOR] received August 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
4994. A letter from the Acting Assistant Secretary of
Commerce and Acting Commissioner of Patents and Trademarks,
Department of Commerce, transmitting the Department's final
rule--Service of Process; Testimony by Employees and the
Production of Documents in Legal Proceedings (RIN: 0651-XX07)
received August 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on the Judiciary.
4995. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's final
rule--Motor Vehicle Theft Prevention Act Program Regulations
[OJP No. 1081] (RIN: 1121-AA38) received September 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
4996. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's report
on the use of Federal electronic surveillance laws, pursuant
to Public Law 104-132, section 810(b) (110 Stat. 1312); to
the Committee on the Judiciary.
4997. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's final
rule--Grants To Encourage Arrest Policies [OJP No. 1019]
(RIN: 1121-AA35) received September 3, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
4998. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Introduction of New Employment Authorization Document
[INS No. 1399-96] (RIN: 1115-AB73 received August 29, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
4999. A letter from the Deputy Executive Director, Reserve
Officers Association, transmitting the association's
financial audit for the period ending March 31, 1996,
pursuant to 36 U.S.C. 1101(41) and 1103; to the Committee on
the Judiciary.
5001. A letter from the Secretary of Transportation,
transmitting the Department's study on tanker navigation
safety standards: Evaluation of Oil Tanker Routing, pursuant
to Public Law 101-380, section 4111(c) (104 Stat. 516); to
the Committee on Transportation and Infrastructure.
5002. A letter from the Secretary of Transportation,
transmitting the Department's overview to the report of the
commercial feasibility of high-speed ground transportation,
pursuant to Public Law 102-240, section 1036(c)(1) (105 Stat.
1983); to the Committee on Transportation and Infrastructure.
5003. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Carrier Safety Regulations; Intermodal
Transportation (Federal Highway Administration) [FHWA Docket
No. MC-93-17] (RIN: 2125-AD14) received August 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5004. A letter from the Administrator, Federal Aviation
Administration, transmitting the supplemental report to
Congress on 1993 DOD military base closures and realignments,
pursuant to Public Law 102-581, section 107; to the Committee
on Transportation and Infrastructure.
5005. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Regulations
Governing Fees for Service Performed in Connection With
Licensing and Related Services--1996 Update (STB Ex Parte No.
542) received August 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5006. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Schedule for Rating Disabilities;
Respiratory System (RIN: 2900-AE94) received September 3,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
5007. A letter from the Chief Counsel, Bureau of the Public
Debt, transmitting the Bureau's final rule--Regulations
Governing Book-Entry Treasury Bonds, Notes and Bills
[Department of the Treasury Circular, Public Debt Series, No.
2-86] received August 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5008. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Weighted Average Interest Rate Update (Notice 96-43) received
September 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5009. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Modifications of Bad Debts and Dealer Assignments of National
Principal Contracts (RIN: 1545-AT14) received August 21,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
5010. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Employee Plans and Exempt Organizations; Requests for Certain
Determination Letters and Applications For Recognition of
Exemption (Announcement No. 96-92) received September 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
5011. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--1996
Section 43 Inflation Adjustment (Notice 96-41) received
September 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5012. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--1996
Marginal Production Rates (Notice 96-42) received September
4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Ways and Means.
5013. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Interest Rate (Revenue Ruling 96-44)
received September 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5014. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--Living in the Same Household and the Lump-Sum Death
Payment (RIN: 0960-AE20) received August 27, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5015. A letter from the Chairman, U.S. International Trade
Commission, transmitting a copy of the 86 quarterly report on
trade between the United States and China, the successor
states to the former Soviet Union and other title IV
countries during January-March 1996, pursuant to 19 U.S.C.
2440; to the Committee on Ways and Means.
5016. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Harvest
Information Program (RIN: 1018-AD08) re
[[Page 2165]]
ceived August 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Resources.
5017. A letter from the Secretary of Energy, transmitting a
report on the reasons why it will require more than 1 year to
implement plans that are responsive to Defense Nuclear
Facilities Safety Board recommendations with respect to
public health and safety at DOE defense nuclear facilities,
pursuant to 42 U.S.C. 2286d(f); jointly, to the Committees on
Commerce and National Security.
5018. A letter from the Secretary of Defense, transmitting
notification that the Department proposes to obligate up to
$20 million of the fiscal year 1994 cooperative threat
reduction [CTR] funding for the Defense Enterprise Fund and
up to $29.0 million of the fiscal year 1996 CTR funding for a
missile material storage facility [FMSF], pursuant to 22
U.S.C. 5955; jointly, to the Committees on International
Relations and National Security.
5019. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting, certification
that Honduras has adopted a regulatory program governing the
incidental taking of certain sea turtles, pursuant to Public
Law 101-162, section 609(b)(2) (103 Sat. 1038); jointly, to
the Committees on Resources and Appropriations.
5020. A letter from the Administrator, Health Care
Financing Administration, transmitting the Administration's
final rule--Medicare Program: Special Enrollment Periods and
Waiting Period (RIN: 0938-AH33) received August 8, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); jointly, to the Committees
on Ways and Means and Commerce.
5021. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
and Medicaid Programs; Requirements for Physician Incentive
Plans in Prepaid Health Care Organizations [OMC-101-FC] (RIN:
0938-AF74) received September 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); jointly, to the Committees on Ways and Means
and Commerce.
5022. A letter from the Deputy Secretary of Defense,
transmitting a report on Improved Access to Military Health
Care of Covered Beneficiaries Entitled to Medicare, pursuant
to Public Law 104-106, section 746; jointly, to the Committee
on National Security, Ways and Means, Commerce, and
Government Reform and Oversight.
para.103.4 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3666. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.
The message also announced that the Senate insists upon its amendments
to the bill (H.R. 3666) ``An Act making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1997, and for other
purposes,'' requests a conference with the House on the disagreeing
votes of the two Houses thereon, and appoints Mr. Bond, Mr. Burns, Mr.
Stevens, Mr. Shelby, Mr. Bennett, Mr. Campbell, Mr. Hatfield, Ms.
Mikulski, Mr. Leahy, Mr. Johnston, Mr. Lautenberg, Mr. Kerrey, and Mr.
Byrd, to be the conferees on the part of the Senate.
The message also announced that the Senate had passed bills and a
concurrent resolution of the following titles in which the concurrence
of the House is requested:
S. 1972. An Act to amend the Older Americans Act of 1965 to
improve the provisions relating to Indians, and for other
purposes;
S. 1970. An Act to amend the National Museum of the
American Indian Act to make improvements in the Act, and for
other purposes; and
S. Con. Res. 14. Concurrent resolution urging the President
to negotiate a new base rights agreement with the Government
of Panama to permit United States Armed Forces to remain in
Panama beyond December 31, 1999.
The message also announced that pursuant to the provisions of Senate
Concurrent Resolution 47 (104th Congress), the Chair, on behalf of the
Vice President, appoints the following Senators to the Joint
Congressional Committee on Inaugural Ceremonies: The Senator from
Mississippi [Mr. Lott]; the Senator from Virginia [Mr. Warner]; and the
Senator from Kentucky [Mr. Ford].
para.103.5 senate bills and concurrent resolution referred
Bills and a concurrent resolution of the Senate of the following
titles were taken from the Speaker's table and, under the rule, referred
as follows:
S. 1970. An Act to amend the National Museum of the
American Indian Act to make improvements in the Act, and for
other purposes; to the Committee on House Oversight, and in
addition to the Committee on Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
S. 1972. An Act to amend the Older Americans Act of 1965 to
improve the provisions relating to Indians, and for other
purposes; to the Committee on Economic and Educational
Opportunities; and
S. Con. Res. 14. Concurrent resolution urging the President
to negotiate a new base rights agreement with the Government
of Panama to permit United States Armed Forces to remain in
Panama beyond December 31, 1999; to the Committee on
International Relations.
para.103.6 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
On September 5, 1996:
H.R. 3754. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1997, and for
other purposes.
On September 6, 1996:
H.R. 740. An Act to confer jurisdiction on the United
States Court of Federal Claims with respect to land claims of
Pueblo of Isleta Indian Tribe;
H.R. 3269. An Act to amend the Impact Aid program to
provide for a hold-harmless with respect to amounts of
payments relating to the Federal acquisition of real
property, and for other purposes;
H.R. 3517. An Act making appropriations for military
construction, family housing, and base realignment and
closure for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes; and
H.R. 3845. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1997, and for other
purposes.
And then,
para.103.7 adjournment
On motion of Mrs. SCHROEDER, pursuant to the special order agreed to
on September 5, 1996, at 12 o'clock and 10 minutes p.m., the House
adjourned until 12:30 p.m. on Tuesday, September 10, 1996.
para.103.8 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2275. A bill to
reauthorize and amend the Endangered Species Act of 1973; with an
amendment (Rept. No. 104-778, Pt. 1). Referred to the Committee of the
Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2693. A bill to
require the Secretary of Agriculture to make a minor adjustment in the
exterior boundary of the Hells Canyon Wilderness in the States of
Oregon and Idaho to exclude an established Forest Service road
inadvertently included in the wilderness (Rept. No. 104-779). Referred
to the Committee of the Whole House on the State of the Union.
para.103.9 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
[The following action occurred on September 6, 1996]
H.R. 2740. Referral to the Committee on Commerce extended
for a period ending not later than September 13, 1996.
[Submitted September 9, 1996]
H.R. 2275. Referral to the Committee on Agriculture
extended for a period ending not later than September 9,
1996.
para.103.10 discharge of committee
[The following action occurred on September 6, 1996]
Pursuant to clause 5 of rule X the Committee on Banking and Financial
Services discharged from further consideration. H.R. 2145 referred to
the Committee of the Whole House on the State of the Union.
[Submitted September 9, 1996]
Pursuant to clause 5 of rule X the Committee on Agriculture
discharged from further consideration. H.R. 2275 referred to the
Committee of the Whole House on the State of the Union.
[[Page 2166]]
para.103.11 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII,
Ms. WATERS introduced a bill (H.R. 4038) to approve a
previously disapproved amendment to the Sentencing Guidelines
relating to criminal sentences for cocaine offenses; to the
Committee on the Judiciary.
para.103.12 memorials
Under clause 4 of rule XXII, memorials were presented and referred as
follows:
240. By the SPEAKER: Memorial of the General Assembly of
the State of Colorado, relative to House Joint Resolution 96-
1022 extending condolences to the people of the Ukraine on
the 10th anniversary of the Chernobyl disaster; to the
Committee on International Relations.
241. Also, memorial of the General Assembly of the State of
Colorado, relative to House Joint Resolution 96-1006
designating John L. ``Jack'' Swigert be honored and
memorialized by a statue in the U.S. Capitol; to the
Committee on House Oversight.
para.103.13 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1100: Ms. McKinney.
H.R. 1591: Mr. Nadler and Mr. Miller of California.
H.R. 2450: Mr. Gunderson.
H.R. 2470: Mr. Crane.
H.R. 2618: Mr. Farr.
H.R. 3142:, Mr. Doolittle, Ms. Greene of Utah, Mr. Barrett
of Nebraska, Mr. Martini, Mr. Shadegg, Ms. Roybal-Allard, Mr.
Dixon, Mr. Cummings, Mr. LoBiondo, and Mr. Hastings of
Washington.
H.R. 3292: Ms. Lofgren.
H.R. 3355: Mr. Ackerman.
H.R. 3588: Mr. Oberstar.
H.R. 3796: Ms. Slaughter.
H.R. 3873: Mr. Bryant of Texas.
H.R. 3917: Ms. Slaughter.
H. Res. 30: Mr. Tanner, Mr. Frazer, Mr. Largent, Mr. Lucas,
and Ms. Millender-McDonald.
.
TUESDAY, SEPTEMBER 10, 1996 (104)
para.104.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr BARRETT of Nebraska, who laid before the House the following
communication:
Washington, DC,
September 10, 1996.
I hereby designate the Honorable Bill Barrett to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.104.2 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 4018. An Act to make technical corrections in the
Federal Oil and Gas Royalty Mangement Act of 1982.
The message also announced that the Senate has passed a bill of the
following title in which the concurrence of the House is requested:
S. 1324. An Act to amend the Public Health Service Act to
revise and extend the solid-organ procurement and
transplantation programs, and the bone marrow donor program,
and for other purposes.
para.104.3 ``morning hour'' debates
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, pursuant to the
order of the House of Friday, May 12, 1995, recognized Members for
``morning hour'' debates.
para.104.4 recess--12:41 p.m.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, pursuant to clause
12 of rule I, declared the House in recess at 12 o'clock and 41 minutes
p.m., until 2:00 p.m.
para.104.5 after recess--2:00 p.m.
The SPEAKER pro tempore, Ms. GREENE, called the House to order.
para.104.6 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Monday, September 9, 1991.
Pursuant to clause 1, rule I, the Journal was approved.
para.104.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
4939. A letter from the Secretary of Energy, transmitting
the Department's 34th quarterly report to Congress on the
status of Exxon and stripper well oil overcharge funds as of
March 31, 1996; to the Committee on Commerce.
4940. A letter from the U.S. Court of Appeals, District of
Columbia Circuit, transmitting an opinion of the U.S. Court
of Appeals for the District of Columbia Circuit (94-1558--
Engine Manufacturers Association, on Behalf of Certain of Its
Members versus Environmental Protection Agency); to the
Committee on Commerce.
4964. A letter from the Assistant Secretary for Employment
Standards, Department of Labor, transmitting the Department's
rule--Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors Regarding Individuals with
Disabilities, Disabled Veterans and Veterans of the Vietnam
Era; Approval of Information Collection Requirements and OMB
Control Numbers (RIN: 1215-AA62, 1215-AA76) received August
27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Government Reform and Oversight.
4972. A letter from the U.S. Court of Appeals, District of
Columbia Circuit, transmitting an opinion of the U.S. Court
of Appeals for the District of Columbia Circuit (95-5057--
Scott Armstrong, et al. versus Executive Office of the
President); to the Committee on Government Reform and
Oversight.
4974. A letter from the Director, Financial Services,
Library of Congress, transmitting the activities of the
Capitol preservation fund for the first 9 months of fiscal
year 1996, which ended on June 30, 1996, and comparable data
for the same period of the previous fiscal year; to the
Committee on House Oversight.
5000. A letter from the U.S. Court of Appeals, District of
Columbia Circuit, transmitting an opinion of the U.S. Court
of Appeals for the District of Columbia Circuit (92-3133--
United States of America versus Rochell Ardall Crowder); to
the Committee on the Judiciary.
5023. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Milk in the Black Hills, South Dakota, Marketing Area;
Termination of the Order [DA-96-12] received September 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5024. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Assessment Rates for Specified Market Orders [Docket No.
FV96-927-2 IFR] received September 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5025. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Scrapie Indemnification Program [Docket
No. 96-042-1] received September 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5026. A letter from the Assistant Secretary, Department of
Health and Human Services, transmitting the Department's
final rule--Native American Programs (RIN: 0970-AB37)
received September 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
5027. A letter from the Deputy Executive Director and Chief
Operating Officer, Pension Benefit Guaranty Corporation,
transmitting the Corporation's final rule--Allocation of
Assets in Single-Employer Plans; Interest Rate for Valuing
Benefits (29 CFR Part 4044) received September 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
5028. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Consumer Information Regulations, Uniform Tire Quality
Grading Standards (RIN: 2127-AF17) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5029. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Grande Fiesta Italiana Fireworks, Hempstead Harbor, New York
(U.S. Coast Guard) [CGD01-96-109] (RIN: 2115-AA97) received
September 5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5030. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Modernization of Examination Methods (U.S. Coast Guard) [CGD
94-029] (RIN: 2115-AE94) received September 5, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5031. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Procedures for Abatement of Highway Traffic Noise and
Construction Noise (Federal Highway Administration) [FHWA
Docket No. 96-26] (RIN: 2125-AD97) received September 5,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5032. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Pilot State Highway Safety Program (National Highway Traffic
Safety Administration) [NHTSA Docket No. 93-55, Notice 4]
(RIN: 2127-AF94) received September 5, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5033. A letter from the Deputy Secretary, Securities and
Exchange Commission, Transmitting the Commission's final
rule--Technical Amendments to Rule Relating to Payments for
the Distribution of Shares by a Registered Open-End
Management Investment Company (RIN: 3235-AG59) received
September 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
[[Page 2167]]
5034. A letter from the Deputy Secretary, Securities and
Exchange Commission, transmitting the Commission's final
rule--Exemption for Certain Open-End Management Investment
Companies to Impose Deferred Sales Loans (RIN: 3235-AD18)
received September 10, 1996, pursuant to U.S.C. 801(a)(1)(A);
to the Committee on Commerce.
5035. A letter from the Deputy Secretary, Securities and
Exchange Commission, transmitting the Commission's final
rule--Order Execution Obligations (RIN: 3235-AG66) received
September 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5036. A letter from the Comptroller General, transmitting a
list of all reports issued or released in July 1996, pursuant
to 31 U.S.C. 719(h); to the Committee on Government Reform
and Oversight.
5037. A letter from the Executive Director, Assassination
Records Review Board, transmitting the JFK Assassination
Records Review Board's compliance with the Freedom of
Information Act for 1995, pursuant to 5 U.S.C. section 552;
to the Committee on Government Reform and Oversight.
5038. A letter from the Acting Chair, Federal Subsistence
Board, transmitting the Board's final rule--Subsistence
Management Regulations for Public Lands in Alaska, Subpart C
& Subpart D--1996-1997 Subsistence Taking of Fish and
Wildlife Regulations; Correcting Amendments (RIN: 1018-AD42)
received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5039. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Listing of the Umpqua
River Cutthroat Trout in Oregon (RIN: 1018-AD96) received
September 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5040. A letter from the Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp Fishery Off the Southern
Atlantic States; Amendment 1 [Docket No. 960409106-6207-02;
I.D. 031196A] (RIN: 0648-AG26) received September 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5041. A letter from the Acting Director, National Marine
Fisheries Service, transmitting the Service's final rule--
Fisheries of the Exclusive Economic Zone off Alaska; Scallop
Fishery; Closure in Registration Area D [Docket No.
960502124-6190-02; I.D. 083096D] received September 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5042. A letter from the Director, Bureau of Prisons,
transmitting the Bureau's final rule--Education Tests:
Minimum Standards for Administration, Interpretation, and Use
[BOP-1031-F] (RIN: 2129-AA44) received September 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
5043. A letter from the Secretary, Federal Trade
Commission, transmitting a copy of the joint U.S. Department
of Justice/Federal Trade Commission ``Statements of
Enforcement Policy Relating to Health Care and Antitrust'';
to the Committee on the Judiciary.
5044. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Immigration and Nationality Forms (INS No. 1638-95]
(RIN: 1115-AD58) received September 10, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on the Judiciary.
5045. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Removal of Obsolete Sections of the Regulation
Concerning Temporary Protected Status for Salvadorans [INS
No. 1612-93] (RIN: 1115-AE43) received September 10, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
5046. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Children Born Outside the United States; Application
for Certificate of Citizenship [INS No. 1712-95] (RIN: 1115-
AE07] received September 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
5047. A letter from the Assistant General Counsel, U.S.
Information Agency, transmitting the Agency's final rule--
Exchange Visitor Program (22 CFR Part 514) received September
5, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on the Judiciary.
5048. A letter from the Secretary of Transportation,
transmitting the Department's study on tanker navigation
safety standards: Evaluation of Oil Tanker Routing, Part 2--
Atlantic and Florida Gulf Coasts, pursuant to Public Law 101-
380, section 4111(b)(7) (104 Stat. 516); to the Committee on
Transportation and Infrastructure.
5049. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Compressed Natural
Gas Fuel Container Integrity (National Highway Traffic Safety
Administration) [Docket No. 93-02; Notice 14] (RIN: 2127-
AF14) received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5050. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Special Local Regulations; Hilton Head, SC (U.S. Coast Guard)
[CGD07-96-051] (RIN: 2115-AE46) received September 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5051. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations; Bellingham Bay, Bellingham, WA (U.S.
Coast Guard) [CGD13 96-028] (RIN: 2115-AA97) received
September 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5052. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Delta County Airport Escanaba,
MI (Federal Aviation Administration) [Airspace Docket No. 96-
AGL-3] received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5053. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland Model DHC-7 Series
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-264-AD; Amendment 39-9746; AD 96-18-19] (RIN: 2120-AA64)
received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5054. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Piaggio Model P-180 Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-256-AD;
Amendment 39-9747; AD 96-18-20] (RIN: 2120-AA64) received
September 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5055. A letter from the Technical Advisor to the Assistant
Chief Counsel, Internal Revenue Service, transmitting the
Service's final rule--Notice of Public Hearing; Interest
Netting Study (Announcement 96-75) received September 9,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
5056. A letter from the Technical Advisor to the Assistant
Chief Counsel, Internal Revenue Service, transmitting the
Service's final rule--Last-in, First-out Inventories (Revenue
Ruling 96-39) received September 9, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5057. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Treatment of Section 355 Distributions By U.S. Corporations
to Foreign Persons [TD 8682] received September 4, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
5058. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Last-
in, First-out Inventories (Revenue Ruling 96-46) received
September 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5059. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Reduction in Certain Deductions of Mutual Life Insurance
Companies (Revenue Ruling 96-42) received September 9, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
5060. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Rulings and Determination Letters (Revenue Procedure 96-47)
received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5061. A letter from the Under Secretary of Defense for
Acquisition and Technology, Department of Defense,
transmitting amount of DOD purchases from foreign entities in
fiscal year 1995, pursuant to Public Law 103-335, section
8058(b); jointly, to the Committees on National Security and
Appropriations.
5062. A letter from the Administrator, Agency for
International Development, transmitting the Agency's annual
report to Congress on activities under the Denton Program for
fiscal year 1996, pursuant to 10 U.S.C. 402; jointly, to the
Committees on National Security and International Relations.
5063. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for Presidential determination regarding the
drawdown of defense articles and services for Vietnam,
pursuant to 22 U.S.C. 2318(a)(1); jointly, to the Committees
on International Relations and Appropriations.
5064. A letter from the Chair, Civil Tiltrotor Development
Advisory Committee, Department of Transportation,
transmitting the report of the Civil Tiltrotor Development
Advisory Committee [CTRDAC], pursuant to Public Law 102-581,
section 135; jointly to the Committees on Transportation and
Infrastructure and Science.
para.104.8 committee on inaugural ceremonies
The SPEAKER pro tempore, Ms. GREENE, by unanimous consent and pursuant
to the provisions of S. Con. Res. 47, announced that the Speaker did
appoint to the Joint Congressional Committee on Inaugural Ceremonies,
Messrs. Gingrich, Armey, and Gephardt on the part of the House.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.104.9 corrections calendar
Pursuant to clause 4, rule XIII,
The SPEAKER pro tempore, Ms. GREENE, directed the Corrections Calendar
to be called.
[[Page 2168]]
When,
para.104.10 county health organization
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 3056) to permit
a county-operated health insuring organization to qualify as an
organization exempt from certain requirements otherwise applicable to
health insuring organizations under the Medicaid program notwithstanding
that the organization enrolls Medicaid beneficiaries residing in another
county.
When said bill was considered and read twice.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 4 of rule
XIII, recognized Mr. MOORHEAD and Mr. RICHARDSON, each for 30 minutes.
After debate,
Pursuant to clause 4 of rule XIII, the previous question on the bill
was considered as ordered.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Ms. GREENE, announced that three-fifths of
the Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.104.11 campus security
Mr. GOODLING moved to suspend the rules and agree to the following
resolution (H. Res. 470):
Whereas crime on our Nation's college campuses is a growing
concern among students, parents, and educators;
Whereas Congress passed the Student Right to Know and
Campus Security Act in 1990 so that students and parents
would have access to information with respect to crimes
occurring on college campuses;
Whereas Congress intended that information on crime be
provided so that students could take steps to protect
themselves from becoming victims;
Whereas Congress was particularly concerned with the timely
reporting to students instances of violent crimes occurring
on campus; and
Whereas questions have been raised with respect to
compliance with the Campus Security Act and enforcement by
the Department of Education: Now, therefore, be it
Resolved, That in order for students to have information
vital for their own safety on our Nation's college campuses,
it is the sense of the Congress that the Department of
Education should make the monitoring of compliance and
enforcement of the provisions of section 485(f) of the Higher
Education Act of 1965 with respect to compiling and
disseminating required crime statistics and campus policies a
priority.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. GOODLING and Mr.
KILDEE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GOODLING demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, September 11, 1996, pursuant to the prior announcement of the
Chair.
para.104.12 student debt reduction
Mr. GOODLING moved to suspend the rules and pass the bill (H.R. 3863)
to amend the Higher Education Act of 1965 to permit the lenders under
the unsubsidized Federal Family Education Loan program to pay
origination fees on behalf of borrowers; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. GOODLING and Mr.
KILDEE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. GOODLING demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, September 11, 1996, pursuant to the prior announcement of the
Chair.
para.104.13 federal aviation authorization
Mr. SHUSTER moved to suspend the rules and pass the bill (H.R. 3539)
to amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. SHUSTER and Mr.
OBERSTAR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. CANADY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Wednesday, September 11, 1996, pursuant to the prior announcement of the
Chair.
The point of no quorum was considered as withdrawn.
para.104.14 antarctic environmental protection
Mr. WALKER moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 3060) to implement the
Protocol on Environmental Protection to the Antarctic Treaty:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antarctic Science, Tourism,
and Conservation Act of 1996''.
TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Section 2(a) of the Antarctic Conservation
Act of 1978 (16 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively, and inserting before paragraph (4),
as redesignated, the following:
``(1) for well over a quarter of a century, scientific
investigation has been the principal activity of the Federal
Government and United States nationals in Antarctica;
``(2) more recently, interest of American tourists in
Antarctica has increased;
``(3) as the lead civilian agency in Antarctica, the
National Science Foundation has long had responsibility for
ensuring that United States scientific activities and
tourism, and their supporting logistics operations, are
conducted with an eye to preserving the unique values of the
Antarctic region;'';
(2) by striking ``the Agreed Measures for the Conservation
of Antarctic Fauna and Flora, adopted at the Third Antarctic
Treaty Consultative Meeting, have established a firm
foundation'' in paragraph (4), as redesignated, and inserting
``the Protocol establish a firm foundation for the
conservation of Antarctic resources,'';
(3) by striking paragraph (5), as redesignated, and
inserting the following:
``(5) the Antarctic Treaty and the Protocol establish
international mechanisms and create legal obligations
necessary for the maintenance of Antarctica as a natural
reserve devoted to peace and science.''.
(b) Purpose.--Section 2(b) of such Act (16 U.S.C. 2401(b))
is amended by striking ``Treaty, the Agreed Measures for the
Conservation of Antarctic Fauna and Flora, and Recommendation
VII-3 of the Eighth Antarctic Treaty Consultative Meeting''
and inserting ``Treaty and the Protocol''.
SEC. 102. DEFINITIONS.
Section 3 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2402) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``For purposes of this Act--
``(1) the term `Administrator' means the Administrator of
the Environmental Protection Agency;
``(2) the term `Antarctica' means the area south of 60
degrees south latitude;
``(3) the term `Antarctic Specially Protected Area' means
an area identified as such pursuant to Annex V to the
Protocol;
``(4) the term `Director' means the Director of the
National Science Foundation;
``(5) the term `harmful interference' means--
``(A) flying or landing helicopters or other aircraft in a
manner that disturbs concentrations of birds or seals;
``(B) using vehicles or vessels, including hovercraft and
small boats, in a manner that disturbs concentrations of
birds or seals;
[[Page 2169]]
``(C) using explosives or firearms in a manner that
disturbs concentrations of birds or seals;
``(D) willfully disturbing breeding or molting birds or
concentrations of birds or seals by persons on foot;
``(E) significantly damaging concentrations of native
terrestrial plants by landing aircraft, driving vehicles, or
walking on them, or by other means; and
``(F) any activity that results in the significant adverse
modification of habitats of any species or population of
native mammal, native bird, native plant, or native
invertebrate;
``(6) the term `historic site or monument' means any site
or monument listed as an historic site or monument pursuant
to Annex V to the Protocol;
``(7) the term `impact' means impact on the Antarctic
environment and dependent and associated ecosystems;
``(8) the term `import' means to land on, bring into, or
introduce into, or attempt to land on, bring into or
introduce into, any place subject to the jurisdiction of the
United States, including the 12-mile territorial sea of the
United States, whether or not such act constitutes an
importation within the meaning of the customs laws of the
United States;
``(9) the term `native bird' means any member, at any stage
of its life cycle (including eggs), of any species of the
class Aves which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
``(10) the term `native invertebrate' means any terrestrial
or freshwater invertebrate, at any stage of its life cycle,
which is indigenous to Antarctica, and includes any part of
such invertebrate;
``(11) the term `native mammal' means any member, at any
stage of its life cycle, of any species of the class
Mammalia, which is indigenous to Antarctica or occurs there
seasonally through natural migrations, and includes any part
of such member;
``(12) the term `native plant' means any terrestrial or
freshwater vegetation, including bryophytes, lichens, fungi,
and algae, at any stage of its life cycle (including seeds
and other propagules), which is indigenous to Antarctica, and
includes any part of such vegetation;
``(13) the term `non-native species' means any species of
animal or plant which is not indigenous to Antarctica and
does not occur there seasonally through natural migrations;
``(14) the term `person' has the meaning given that term in
section 1 of title 1, United States Code, and includes any
person subject to the jurisdiction of the United States and
any department, agency, or other instrumentality of the
Federal Government or of any State or local government;
``(15) the term `prohibited product' means any substance
banned from introduction onto land or ice shelves or into
water in Antarctica pursuant to Annex III to the Protocol;
``(16) the term `prohibited waste' means any substance
which must be removed from Antarctica pursuant to Annex III
to the Protocol, but does not include materials used for
balloon envelopes required for scientific research and
weather forecasting;
``(17) the term `Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto,
including any future amendments thereto to which the United
States is a party;
``(18) the term `Secretary' means the Secretary of
Commerce;
``(19) the term `Specially Protected Species' means any
native species designated as a Specially Protected Species
pursuant to Annex II to the Protocol;
``(20) the term `take' means to kill, injure, capture,
handle, or molest a native mammal or bird, or to remove or
damage such quantities of native plants that their local
distribution or abundance would be significantly affected;
``(21) the term `Treaty' means the Antarctic Treaty signed
in Washington, DC, on December 1, 1959;
``(22) the term `United States' means the several States of
the Union, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States;
and
``(23) the term `vessel subject to the jurisdiction of the
United States' includes any `vessel of the United States' and
any `vessel subject to the jurisdiction of the United States'
as those terms are defined in section 303 of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2432).''.
SEC. 103. PROHIBITED ACTS.
Section 4 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2403) is amended to read as follows:
``SEC. 4. PROHIBITED ACTS.
``(a) In General.--It is unlawful for any person--
``(1) to introduce any prohibited product onto land or ice
shelves or into water in Antarctica;
``(2) to dispose of any waste onto ice-free land areas or
into fresh water systems in Antarctica;
``(3) to dispose of any prohibited waste in Antarctica;
``(4) to engage in open burning of waste;
``(5) to transport passengers to, from, or within
Antarctica by any seagoing vessel not required to comply with
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), unless the person has an agreement with the vessel
owner or operator under which the owner or operator is
required to comply with Annex IV to the Protocol;
``(6) who organizes, sponsors, operates, or promotes a
nongovernmental expedition to Antarctica, and who does
business in the United States, to fail to notify all members
of the expedition of the environmental protection obligations
of this Act, and of actions which members must take, or not
take, in order to comply with those obligations;
``(7) to damage, remove, or destroy a historic site or
monument;
``(8) to refuse permission to any authorized officer or
employee of the United States to board a vessel, vehicle, or
aircraft of the United States, or subject to the jurisdiction
of the United States, for the purpose of conducting any
search or inspection in connection with the enforcement of
this Act or any regulation promulgated or permit issued under
this Act;
``(9) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any authorized officer or
employee of the United States in the conduct of any search or
inspection described in paragraph (8);
``(10) to resist a lawful arrest or detention for any act
prohibited by this section;
``(11) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detention of another person,
knowing that such other person has committed any act
prohibited by this section;
``(12) to violate any regulation issued under this Act, or
any term or condition of any permit issued to that person
under this Act; or
``(13) to attempt to commit or cause to be committed any
act prohibited by this section.
``(b) Acts Prohibited Unless Authorized by Permit.--It is
unlawful for any person, unless authorized by a permit issued
under this Act--
``(1) to dispose of any waste in Antarctica (except as
otherwise authorized by the Act to Prevent Pollution from
Ships) including--
``(A) disposing of any waste from land into the sea in
Antarctica; and
``(B) incinerating any waste on land or ice shelves in
Antarctica, or on board vessels at points of embarcation or
debarcation, other than through the use at remote field sites
of incinerator toilets for human waste;
``(2) to introduce into Antarctica any member of a
nonnative species;
``(3) to enter or engage in activities within any Antarctic
Specially Protected Area;
``(4) to engage in any taking or harmful interference in
Antarctica; or
``(5) to receive, acquire, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any native bird, native mammal, or native
plant which the person knows, or in the exercise of due care
should have known, was taken in violation of this Act.
``(c) Exception for Emergencies.--No act described in
subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or
in subsection (b) shall be unlawful if the person committing
the act reasonably believed that the act was committed under
emergency circumstances involving the safety of human life or
of ships, aircraft, or equipment or facilities of high value,
or the protection of the environment.''.
SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended by
inserting after section 4 the following new section:
``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.
``(a) Federal Activities.--(1)(A) The obligations of the
United States under Article 8 of and Annex I to the Protocol
shall be implemented by applying the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to proposals for
Federal agency activities in Antarctica, as specified in this
section.
``(B) The obligations contained in section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall apply to all proposals for Federal agency
activities occurring in Antarctica and affecting the quality
of the human environment in Antarctica or dependent or
associated ecosystems, only as specified in this section. For
purposes of the application of such section 102(2)(C) under
this subsection, the term ``significantly affecting the
quality of the human environment'' shall have the same
meaning as the term ``more than a minor or transitory
impact''.
``(2)(A) Unless an agency which proposes to conduct a
Federal activity in Antarctica determines that the activity
will have less than a minor or transitory impact, or unless a
comprehensive environmental evaluation is being prepared in
accordance with subparagraph (C), the agency shall prepare an
initial environmental evaluation in accordance with Article 2
of Annex I to the Protocol.
``(B) If the agency determines, through the preparation of
the initial environmental evaluation, that the proposed
Federal activity is likely to have no more than a minor or
transitory impact, the activity may proceed if appropriate
procedures are put in place to assess and verify the impact
of the activity.
``(C) If the agency determines, through the preparation of
the initial environmental evaluation or otherwise, that a
proposed Federal activity is likely to have more than a minor
or transitory impact, the agency shall prepare and circulate
a comprehensive environmental evaluation in accordance
[[Page 2170]]
with Article 3 of Annex I to the Protocol, and shall make
such comprehensive environmental evaluation publicly
available for comment.
``(3) Any agency decision under this section on whether a
proposed Federal activity, to which paragraph (2)(C) applies,
should proceed, and, if so, whether in its original or in a
modified form, shall be based on the comprehensive
environmental evaluation as well as other considerations
which the agency, in the exercise of its discretion,
considers relevant.
``(4) For the purposes of this section, the term `Federal
activity' includes all activities conducted under a Federal
agency research program in Antarctica, whether or not
conducted by a Federal agency.
``(b) Federal Activities Carried Out Jointly With Foreign
Governments.--(1) For the purposes of this subsection, the
term `Antarctic joint activity' means any Federal activity in
Antarctica which is proposed to be conducted, or which is
conducted, jointly or in cooperation with one or more foreign
governments. Such term shall be defined in regulations
promulgated by such agencies as the President may designate.
``(2) Where the Secretary of State, in cooperation with the
lead United States agency planning an Antarctic joint
activity, determines that--
``(A) the major part of the joint activity is being
contributed by a government or governments other than the
United States;
(B) one such government is coordinating the implementation
of environmental impact assessment procedures for that
activity; and
(C) such government has signed, ratified, or acceded to the
Protocol,
the requirements of subsection (a) of this section shall not
apply with respect to that activity.
``(3) In all cases of Antarctic joint activity other than
those described in paragraph (2), the requirements of
subsection (a) of this section shall apply with respect to
that activity, except as provided in paragraph (4).
``(4) Determinations described in paragraph (2), and agency
actions and decisions in connection with assessments of
impacts of Antarctic joint activities, shall not be subject
to judicial review.
``(c) Nongovernmental Activities.--(1) The Administrator
shall, within 2 years after the date of the enactment of the
Antarctic Science, Tourism, and Conservation Act of 1996,
promulgate regulations to provide for--
``(A) the environmental impact assessment of
nongovernmental activities, including tourism, for which the
United States is required to give advance notice under
paragraph 5 of Article VII of the Treaty; and
``(B) coordination of the review of information regarding
environmental impact assessment received from other Parties
under the Protocol.
``(2) Such regulations shall be consistent with Annex I to
the Protocol.
``(d) Decision To Proceed.--(1) No decision shall be taken
to proceed with an activity for which a comprehensive
environmental evaluation is prepared under this section
unless there has been an opportunity for consideration of the
draft comprehensive environmental evaluation at an Antarctic
Treaty Consultative Meeting, except that no decision to
proceed with a proposed activity shall be delayed through the
operation of this paragraph for more than 15 months from the
date of circulation of the draft comprehensive environmental
evaluation pursuant to Article 3(3) of Annex I to the
Protocol.
``(2) The Secretary of State shall circulate the final
comprehensive environmental evaluation, in accordance with
Article 3(6) of Annex I to the Protocol, at least 60 days
before the commencement of the activity in Antarctica.
``(e) Cases of Emergency.--The requirements of this
section, and of regulations promulgated under this section,
shall not apply in cases of emergency relating to the safety
of human life or of ships, aircraft, or equipment and
facilities of high value, or the protection of the
environment, which require an activity to be undertaken
without fulfilling those requirements.
``(f) Exclusive Mechanism.--Notwithstanding any other
provision of law, the requirements of this section shall
constitute the sole and exclusive statutory obligations of
the Federal agencies with regard to assessing the
environmental impacts of proposed Federal activities
occurring in Antarctica.
``(g) Decisions on Permit Applications.--The provisions of
this section requiring environmental impact assessments
(including initial environmental evaluations and
comprehensive environmental evaluations) shall not apply to
Federal actions with respect to issuing permits under section
5.
``(h) Publication of Notices.--Whenever the Secretary of
State makes a determination under paragraph (2) of subsection
(b) of this section, or receives a draft comprehensive
environmental evaluation in accordance with Annex I, Article
3(3) to the Protocol, the Secretary of State shall cause
timely notice thereof to be published in the Federal
Register.''.
SEC. 105. PERMITS.
Section 5 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2404) is amended--
(1) in subsection (a) by striking ``section 4(a)'' and
inserting in lieu thereof ``section 4(b)'';
(2) in subsection (c)(1)(B) by striking ``Special'' and
inserting in lieu thereof ``Species''; and
(3) in subsection (e)--
(A) by striking ``or native plants to which the permit
applies,'' in paragraph (1)(A)(i) and inserting in lieu
thereof ``native plants, or native invertebrates to which the
permit applies, and'';
(B) by striking paragraph (1)(A)(ii) and (iii) and
inserting in lieu thereof the following new clause:
``(ii) the manner in which the taking or harmful
interference shall be conducted (which manner shall be
determined by the Director to be humane) and the area in
which it will be conducted;'';
(C) by striking ``within Antarctica (other than within any
specially protected area)'' in paragraph (2)(A) and inserting
in lieu thereof ``or harmful interference within
Antarctica'';
(D) by striking ``specially protected species'' in
paragraph (2)(A) and (B) and inserting in lieu thereof
``Specially Protected Species'';
(E) by striking ``; and'' at the end of paragraph
(2)(A)(i)(II) and inserting in lieu thereof ``, or'';
(F) by adding after paragraph (2)(A)(i)(II) the following
new subclause:
``(III) for unavoidable consequences of scientific
activities or the construction and operation of scientific
support facilities; and'';
(G) by striking ``with Antarctica and'' in paragraph
(2)(A)(ii)(II) and inserting in lieu thereof ``within
Antarctica are''; and
(H) by striking subparagraphs (C) and (D) of paragraph (2)
and inserting in lieu thereof the following new subparagraph:
``(C) A permit authorizing the entry into an Antarctic
Specially Protected Area shall be issued only--
``(i) if the entry is consistent with an approved
management plan, or
``(ii) if a management plan relating to the area has not
been approved but--
``(I) there is a compelling purpose for such entry which
cannot be served elsewhere, and
``(II) the actions allowed under the permit will not
jeopardize the natural ecological system existing in such
area.''.
SEC. 106. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978 (16
U.S.C. 2405) is amended to read as follows:
``SEC. 6. REGULATIONS.
``(a) Regulations To Be Issued by the Director.--(1) The
Director shall issue such regulations as are necessary and
appropriate to implement Annex II and Annex V to the Protocol
and the provisions of this Act which implement those annexes,
including section 4(b)(2), (3), (4), and (5) of this Act. The
Director shall designate as native species--
``(A) each species of the class Aves;
``(B) each species of the class Mammalia; and
``(C) each species of plant,
which is indigenous to Antarctica or which occurs there
seasonally through natural migrations.
``(2) The Director, with the concurrence of the
Administrator, shall issue such regulations as are necessary
and appropriate to implement Annex III to the Protocol and
the provisions of this Act which implement that Annex,
including section 4(a)(1), (2), (3), and (4), and section
4(b)(1) of this Act.
``(3) The Director shall issue such regulations as are
necessary and appropriate to implement Article 15 of the
Protocol with respect to land areas and ice shelves in
Antarctica.
``(4) The Director shall issue such additional regulations
as are necessary and appropriate to implement the Protocol
and this Act, except as provided in subsection (b).
``(b) Regulations To Be Issued by the Secretary of the
Department in Which the Coast Guard is Operating.--The
Secretary of the Department in which the Coast Guard is
operating shall issue such regulations as are necessary and
appropriate, in addition to regulations issued under the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to
implement Annex IV to the Protocol and the provisions of this
Act which implement that Annex, and, with the concurrence of
the Director, such regulations as are necessary and
appropriate to implement Article 15 of the Protocol with
respect to vessels.
``(c) Time Period for Regulations.--The regulations to be
issued under subsection (a)(1) and (2) of this section shall
be issued within 2 years after the date of the enactment of
the Antarctic Science, Tourism, and Conservation Act of 1996.
The regulations to be issued under subsection (a)(3) of this
section shall be issued within 3 years after the date of the
enactment of the Antarctic Science, Tourism, and Conservation
Act of 1996.''.
SEC. 107. SAVING PROVISIONS.
Section 14 of the Antarctic Conservation Act of 1978 is
amended to read as follows:
``SEC. 14. SAVING PROVISIONS.
``(a) Regulations.--All regulations promulgated under this
Act prior to the date of the enactment of the Antarctic
Science, Tourism, and Conservation Act of 1996 shall remain
in effect until superseding regulations are promulgated under
section 6.
``(b) Permits.--All permits issued under this Act shall
remain in effect until they expire in accordance with the
terms of those permits.''.
TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS
SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.
(a) Definitions.--Section 2 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901) is amended--
(1) by redesignating paragraphs (1) through (9) of
subsection (a) as paragraphs (3) through (11), respectively;
[[Page 2171]]
(2) by inserting before paragraph (3), as so redesignated
by paragraph (1) of this subsection, the following new
paragraphs:
``(1) `Antarctica' means the area south of 60 degrees south
latitude;
``(2) `Antarctic Protocol' means the Protocol on
Environmental Protection to the Antarctic Treaty, signed
October 4, 1991, in Madrid, and all annexes thereto, and
includes any future amendments thereto which have entered
into force;''; and
(3) by adding at the end the following new subsection:
``(c) For the purposes of this Act, the requirements of
Annex IV to the Antarctic Protocol shall apply in Antarctica
to all vessels over which the United States has
jurisdiction.''.
(b) Application of Act.--Section 3(b)(1)(B) of the Act to
Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is
amended by inserting ``or the Antarctic Protocol'' after
``MARPOL Protocol''.
(c) Administration.--Section 4 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1903) is amended--
(1) by inserting ``, Annex IV to the Antarctic Protocol,''
after ``the MARPOL Protocol'' in the first sentence of
subsection (a);
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``the MARPOL Protocol'';
(3) in subsection (b)(2)(A) by striking ``within 1 year
after the effective date of this paragraph,''; and
(4) in subsection (b)(2)(A)(i) by inserting ``and of Annex
IV to the Antarctic Protocol'' after ``the Convention''.
(d) Pollution Reception Facilities.--Section 6 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
(1) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol'';
(2) in subsection (e)(1) by inserting ``or the Antarctic
Protocol'' after ``the Convention'';
(3) in subsection (e)(1)(A) by inserting ``or Article 9 of
Annex IV to the Antarctic Protocol'' after ``the
Convention''; and
(4) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``the MARPOL Protocol''.
(e) Violations.--Section 8 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1907) is amended--
(1) in the first sentence of subsection (a) by inserting
``Annex IV to the Antarctic Protocol,'' after ``MARPOL
Protocol,'';
(2) in the second sentence of subsection (a)--
(A) by inserting ``or to the Antarctic Protocol'' after
``to the MARPOL Protocol''; and
(B) by inserting ``and Annex IV to the Antarctic Protocol''
after ``of the MARPOL Protocol'';
(3) in subsection (b) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears;
(4) in subsection (c)(1) by inserting ``, of Article 3 or
Article 4 of Annex IV to the Antarctic Protocol,'' after ``to
the Convention'';
(5) in subsection (c)(2) by inserting ``or the Antarctic
Protocol'' after ``which the MARPOL Protocol'';
(6) in subsection (c)(2)(A) by inserting ``, Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol'';
(7) in subsection (c)(2)(B)--
(A) by inserting ``or the Antarctic Protocol'' after ``to
the MARPOL Protocol''; and
(B) by inserting ``or Annex IV to the Antarctic Protocol''
after ``of the MARPOL Protocol'';
(8) in subsection (d)(1) by inserting ``, Article 5 of
Annex IV to the Antarctic Protocol,'' after ``Convention'';
(9) in subsection (e)(1)--
(A) by inserting ``or the Antarctic Protocol'' after
``MARPOL Protocol''; and
(B) by striking ``that Protocol'' and inserting in lieu
thereof ``those Protocols''; and
(10) in subsection (e)(2) by inserting ``, of Annex IV to
the Antarctic Protocol,'' after ``MARPOL Protocol''.
(f) Penalties.--Section 9 of the Act to Prevent Pollution
from Ships (33 U.S.C. 1908) is amended--
(1) in subsection (a) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(2) in subsection (b)(1) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(3) in subsection (b)(2) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(4) in subsection (d) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol,'';
(5) in subsection (e) by inserting ``, Annex IV to the
Antarctic Protocol,'' after ``MARPOL Protocol''; and
(6) in subsection (f) by inserting ``or the Antarctic
Protocol'' after ``MARPOL Protocol'' both places it appears.
SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE
ACTIVITIES.
(a) Agreement or Legislation Required.--Section 4 of the
Antarctic Protection Act of 1990 (16 U.S.C. 2463) is amended
by striking ``Pending a new agreement among the Antarctic
Treaty Consultative Parties in force for the United States,
to which the Senate has given advice and consent or which is
authorized by further legislation by the Congress, which
provides an indefinite ban on Antarctic mineral resource
activities, it'' and inserting in lieu thereof ``It''.
(b) Repeals.--Sections 5 and 7 of such Act (16 U.S.C. 2464
and 2466) are repealed.
(c) Redesignation.--Section 6 of such Act (16 U.S.C. 2465)
is redesignated as section 5.
TITLE III--POLAR RESEARCH AND POLICY STUDY
SEC. 301. POLAR RESEARCH AND POLICY STUDY.
Not later than March 1, 1997, the National Science
Foundation shall provide a detailed report to the Congress
on--
(1) the status of the implementation of the Arctic
Environmental Protection Strategy and Federal funds being
used for that purpose;
(2) all of the Federal programs relating to Arctic and
Antarctic research and the total amount of funds expended
annually for each such program, including--
(A) a comparison of the funding for logistical support in
the Arctic and Antarctic;
(B) a comparison of the funding for research in the Arctic
and Antarctic;
(C) a comparison of any other amounts being spent on Arctic
and Antarctic programs; and
(D) an assessment of the actions taken to implement the
recommendations of the Arctic Research Commission with
respect to the use of such funds for research and logistical
support in the Arctic.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the votes whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.104.15 enrollment correction-- h.r. 3060
Mr. WALKER, by unanimous consent, submitted the following concurrent
resolution (H. Con. Res. 211).
Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of the bill (H.R. 3060)
to implement the Protocol on Environmental Protection to the
Antarctic Treaty, the Clerk of the House of Representatives
shall make the following technical correction: In section
201(a)(1) strike ``paragraphs (1) through (9) of subsection
(a) as paragraphs (3) through (11)'' and insert in lieu
thereof ``paragraphs (1) through (10) of subsection (a) as
paragraphs (3) through (12)''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.104.16 california indian land transfer
Mr. GALLEGLY moved to suspend the rules and pass the bill (H.R. 3642)
to provide for the transfer of public lands to certain California Indian
Tribes.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
GALLEGLY and Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.104.17 desert cahuilla indians claims settlement
Mr. GALLEGLY moved to suspend the rules and pass the bill (H.R. 3640)
to provide for the settlement of issues and claims related to the trust
lands of the Torres-Martinez Desert Cahuilla Indians, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
GALLEGLY and Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
[[Page 2172]]
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.104.18 hoopa valley reservation south boundary correction
Mr. GALLEGLY moved to suspend the rules and pass the bill (H.R. 2710)
to provide for the conveyance of certain land in the State of California
to the Hoopa Valley Tribe; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
GALLEGLY and Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.104.19 crow creek sioux tribe infrastructure development trust
fund
Mr. GALLEGLY moved to suspend the rules and pass the bill (H.R. 2512)
to provide for certain benefits of the Missouri River Basin Pick-Sloan
project to the Crow Creek Sioux Tribe, and other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
GALLEGLY and Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide for certain benefits of the Pick-Sloan Missouri River basin
program to the Crow Creek Sioux Tribe, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.104.20 drought relief
Mr. THORNBERRY moved to suspend the rules and pass the bill (H.R.
3910) to provide emergency drought relief to the city of Corpus Christi,
Texas, and the Canadian River Municipal Water Authority, Texas, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
THORNBERRY and Mr. ORTIZ, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.104.21 overseas private investment corporation
Mr. ROTH moved to suspend the rules and pass the bill (H.R. 3759) to
extend the authority of the Overseas Private Investment Corporation, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr. ROTH
and Mr. PETERSON of Minnesota, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had not voted in the affirmative.
Mr. ROTH demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MILLER of Florida, pursuant to clause 5,
rule I, announced that further proceedings on the motion were postponed
until Wednesday, September 11, 1996, pursuant to the prior announcement
of the Chair.
para.104.22 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1324. An Act to amend the Public Health Service Act to
revise and extend the solid-organ procurement and
transplantation programs, and the bone marrow donor program,
and for other purposes; to the Committee on Commerce.
And then,
para.104.23 adjournment
On motion of Mr. MICA, pursuant to the special order agreed to on
September 5, 1996, at 5 o'clock and 56 minutes p.m., the House adjourned
until 9 o'clock a.m. on Wednesday, September 11, 1996.
para.104.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3535. A bill to redesignate a Federal
building in Suitland, MD, as the ``W. Edwards Deming Federal
Building'' (Rept. No. 104-780). Referred to the House
Calendar.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3576. A bill to designate the U.S.
courthouse located at 401 South Michigan Street, in South
Bend, IN, as the ``Robert Kurtz Rodibaugh United States
Courthouse''; with amendments (Rept. No. 104-781). Referred
to the House Calendar.
para.104.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BUNNING of Kentucky (for himself and Mr.
Jacobs):
H.R. 4039. A bill to make technical and clarifying
amendments to recently enacted provisions relating to titles
II and XVI of the Social Security Act and to provide for a
temporary extension of demonstration project authority in the
Social Security Administration; to the Committee on Ways and
Means.
By Mr. SHUSTER (for himself, Mr. Oberstar, Mr. Petri,
and Mr. Rahall):
H.R. 4040. A bill to amend title 49, United States Code,
relating to intermodal safe container transportation; to the
Committee on Transportation and Infrastructure.
By Mr. CONDIT:
H.R. 4041. A bill to authorize the Secretary of Agriculture
to convey a parcel of unused agricultural land in Dos Palos,
CA, to the Dos Palos Ag Boosters for use as a farm school; to
the Committee on Agriculture.
By Mr. NADLER:
H.R. 4042. A bill to designate the U.S. courthouse located
at 500 Pearl Street in New York City, NY, as the ``Ted Weiss
United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Mr. ROBERTS:
H.R. 4043. A bill to establish the Tallgrass Prairie
National Preserve in the State of Kansas, and for other
purposes; to the Committee on Resources.
By Mr. SCHUMER (for himself, Mr. Reed, Ms. Lofgren Mr.
Ackerman, and Mr. Hastings of Florida):
H.R. 4044. A bill to encourage States to regulate the sale
and use of certain handguns, and to gather information on
guns used in crimes; to the Committee on the Judiciary.
By Mr. STARK:
H.R. 4045. A bill to provide for parity in the treatment of
mental illness; to the Com
[[Page 2173]]
mittee on Ways and Means, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. FLANAGAN (for himself, Mr. Bryant of Tennessee,
Mr. Canady, Mr. Heineman, Mr. Hoke, and Mr. Hyde):
H.J. Res. 191. Joint resolution to confer honorary
citizenship of the United States on Agnes Gonxha Bojahiu,
also known as Mother Teresa; to the Committee on the
Judiciary.
By Mr. WALKER:
H. Con. Res. 211. Concurrent resolution directing the Clerk
of the House of Representatives to make a technical
correction in the enrollment of H.R. 3060.
para.104.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 195: Mr. Holden.
H.R. 488: Mr. Lipinski.
H.R. 903: Mr. Torricelli.
H.R. 969: Mr. Baldacci.
H.R. 1099: Mr. Levin.
H.R. 1462: Mr. Kim, Mr. Lucas, Mr. Doolittle, Mr. Hefley,
Ms. Furse, Mr. Zimmer, Mr. Ehrlich, Mr. Ensign, Mr. Hayworth,
Mr. Camp, Mr. Petri, Mr. Reed, Ms. Millender-McDonald, Mr.
Barcia of Michigan, and Mr. Dicks.
H.R. 1568: Ms. Norton, Mr. Barrett of Wisconsin, and Ms.
Slaughter.
H.R. 1950: Mr. Roemer.
H.R. 2138: Mr. Shays.
H.R. 2152: Mr. Andrews and Mr. Richardson.
H.R. 2209: Mrs. Vucanovich and Mr. DeFazio.
H.R. 2270: Mr. Barcia of Michigan.
H.R. 2480: Mrs. Meyers of Kansas.
H.R. 2757: Mrs. Morella, Ms. DeLauro, Mr. Flanagan, Mr.
Lewis of Georgia, and Mrs. Lowey.
H.R. 2877: Mr. Sanders.
H.R. 2976: Mr. Barcia of Michigan, Mr. Blute, Mr. Chabot,
Mr. Ehlers, Mr. Filner, Mr. Lewis of Georgia, and Mr. Saxton.
H.R. 3002: Mr. Dreier, Mr. McCollum, and Mr. Baker of
Louisiana.
H.R. 3117: Mr. Olver.
H.R. 3119: Mr. Olver.
H.R. 3389: Mr. Davis.
H.R. 3445: Mr. Ackerman.
H.R. 3454: Mr. Ackerman.
H.R. 3556: Ms. Norton and Mr. Baker of Louisiana.
H.R. 3757: Mr. McDermott.
H.R. 3817: Mr. Rose, Mr. Baker of Louisiana, Mr. Dornan,
Mr. Nethercutt, Mr. McInnis, Mr. Chabot, Mr. Cox, Mr.
McCollum, Mr. Tejeda, Mr. Allard, Mr. Mica, and Mr. Zimmer.
H.R. 3905: Mr. Heineman and Mr. McKeon.
H.R. 3937: Mrs. Myrick, Mr. Saxton, Mr. Lipinski, Mr.
Shadegg, Ms. Dunn of Washington, Mr. Bryant of Tennessee, Mr.
Christensen, Mr. Parker, Mr. Combest, Mr. Smith of New
Jersey, and Mr. Zimmer.
H.R. 3942: Ms. McKinney and Mr. Lightfoot.
H. Con. Res. 10: Mrs. Morella.
.
WEDNESDAY, SEPTEMBER 11, 1996 (105)
para.105.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HEFLEY,
who laid before the House the following communication:
Washington, DC,
September 11, 1996.
I hereby designate the Honorable Joel Hefley to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.105.2 approval of the journal
The SPEAKER pro tempore, Mr. HEFLEY, announced he had examined and
approved the Journal of the proceedings of Tuesday, September 10, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.105.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5065. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's ``Major'' final rule--Control of
Air Pollution; Final Rule for New Gasoline Spark-Ignition
Marine Engines; Exemptions for New Nonroad Compression-
Ignition Engines At or Above 37 Kilowatts and New Nonroad
Spark-Ignition Engines At or Below 19 Kilowatts [FRL-5548-8]
received September 10, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5066. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Las Vegas, New Mexico) [MM
Docket No. 95-161] received September 11, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5067. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Brunei for defense articles and services
(Transmittal No. 96-63), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
5068. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Turkey for defense articles and services
(Transmittal No. 96-64), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
5069. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for production of
major military equipment with Sweden (Transmittal No. DTC-41-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
5070. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for production of a
major military equipment with Sweden (Transmittal No. DTC-40-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
5071. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to the United Kingdom
(Transmittal No. DTC-31-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
5072. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to the United Kingdom
(Transmittal No. DTC-38-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
5073. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to United Kingdom
(Transmittal No. DTC-54-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
5074. A letter form the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed issuance of export license agreement for the
temporary export of defense articles or defense services sold
commercially to Kazakhstan (Transmittal No. DTC-49-96),
pursuant to 22 U.S.C. 2776(c); to the Committee on
International Relations.
5075. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to Norway (Transmittal No.
DTC-55-96), pursuant to 22 U.S.C. 2776(c); to the Committee
on International Relations.
2076. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed issuance of export license agreement for the
temporary export of defense articles or defense services sold
commercially to the Department of National Defense,
Government of Malaysia (Transmittal No. DTC-45-96), pursuant
to 22 U.S.C. 23776(c); to the Committee on International
Relations.
5077. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to the United Kingdom
(Transmittal No. DTC-43-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
5078. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b(a); to the
Committee on International Relations.
5079. A letter from the FOIA Officer and General Counsel,
Federal Mediation and Conciliation Service, transmitting a
copy of the annual report in compliance with Government in
the Sunshine Act during the calendar year 1995, pursuant to 5
U.S.C. 552b(j); to the Committee on Government Reform and
Oversight.
5080. A letter from the Secretary, Securities and Exchange
Commission, transmitting a correction to the Commission's
annual report submitted June 12, 1996; to the Committee on
Government Reform and Oversight.
5081. A letter from the Acting Director, Office of
Sustainable Fisheries, National Marine Fisheries Service,
transmitting the Service's final rule--Fisheries Off the West
Coast States and in the Western Pacific; Pacific Coast
Groundfish Fishery; Trip Limit Reductions [Docket No.
951227306-5306-01; I.D. 082996C] received September 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5082. A letter from the Director, Federal Bureau of
Prisons, transmitting the Bureau's final rule--Editorial
Amendments for Classification and Program Review; Inmate
Discipline; Education, Training, and Leisure Time Program
Standards; and Release Gratuities [BOP-1057-F] (RIN: 1120-
AA56) received September 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
5083. A letter from the Assistant Secretary of the Army
(Civil Works), Department of
[[Page 2174]]
the Army, transmitting a draft of proposed legislation to
modify the existing authorization for flood damage reduction
at Cape Girardeau--Jackson Metropolitan Area, MO, to
authorize the Secretary of the Army to construct the project
at a total cost of $42,776,000; to the Committee on
Transportation and Infrastructure.
5084. A letter from the Assistant Secretary of the Army
(Civil Works), Department of the Army, transmitting a draft
of proposed legislation to modify the project for deep-draft
navigation at San Juan Harbor, PR, to authorize the Secretary
of the Army to construct the project at a total cost of
$45,085,000; to the Committee on Transportation and
Infrastructure.
5085. A letter from the Chairman, Railroad Retirement
Board, transmitting the results of a determination of the
Railroad Retirement Account's ability to pay benefits in each
of the next 5 years, pursuant to 45 U.S.C. 231u(a)(1);
jointly, to the Committees on Ways and Means and
Transportation and Infrastructure.
para.105.4 recess--9:02 a.m.
The SPEAKER pro tempore, Mr. HEFLEY, pursuant to clause 12 of rule I,
declared the House in recess subject to the call of the Chair.
para.105.5 after recess--12:00 noon
The SPEAKER pro tempore, Mr. CAMP, called the House to order.
para.105.6 proceedings during recess
On motion of Mr. ROTH, by unanimous consent, the proceedings had
during the recess were ordered to be printed in the Record.
para.105.7 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3396. An Act to define and protect the institution of
marriage.
The message also announced that the Senate agrees to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 3230) ``An Act to
authorize appropriations for fiscal year 1997 for military activities of
the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.''.
The message also announced that the Senate had passed bills of the
following titles in which the concurrence of the House is requested:
S. 1669. An Act to name the Department of Veterans Affairs
medical center in Jackson, Mississippi, as the ``G.V. (Sonny)
Montgomery Department of Veterans Affairs Medical Center'';
and
S. 1918. An Act to amend trade laws and related provisions
to clarify the designation of normal trade relations.
The message also announced that the Senate disagrees to the amendment
of the House to the bill (S. 640) ``An Act to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes,'' requests a conference with the House on the disagreeing
votes of the two Houses thereon, and appoints Mr. Chafee, Mr. Warner,
Mr. Smith, Mr. Baucus, and Mr. Moynihan, to be the conferees on the part
of the Senate.
para.105.8 va-hud appropriations
On motion of Mr. LEWIS of California, by unanimous consent, the bill
(H.R. 3666) making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 1997, and for other purposes; together with
the amendments of the Senate thereto, was taken from the Speaker's
table.
When on motion of Mr. LEWIS of California, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
para.105.9 motion to instruct conferees--h.r. 3666
Mr. STOKES moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 3666 be
instructed to agree to the amendments of the Senate numbered 95, 117,
and 118.
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. CAMP, announced that the yeas had it.
Mr. STOKES objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
392
When there appeared
<3-line {>
Nays
17
para.105.10 [Roll No. 407]
YEAS--392
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thompson
Thornberry
Thornton
Thurman
[[Page 2175]]
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--17
Campbell
Cooley
DeLay
Doolittle
Ehlers
Geren
Hancock
Herger
Johnson (CT)
Knollenberg
Largent
Lewis (CA)
Rohrabacher
Scarborough
Shadegg
Stump
Thomas
NOT VOTING--24
Bilirakis
Brown (FL)
Collins (IL)
de la Garza
Ganske
Graham
Hayes
Heineman
Hilleary
Houghton
Istook
Johnston
McCarthy
McNulty
Mollohan
Norwood
Pastor
Portman
Riggs
Scott
Solomon
Torkildsen
Wilson
Zeliff
So the motion to instruct the managers on the part of the House was
agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.105.11 appointment of conferees--h.r. 3666
Thereupon, the SPEAKER pro tempore, Mr. CAMP, by unanimous consent,
appointed Messrs. Lewis of California, DeLay, Mrs. Vucanovich, Messrs.
Walsh, Hobson, Knollenberg, Frelinghuysen, Neumann, Livingston, Stokes,
Mollohan, Chapman, Ms. Kaptur, and Mr. Obey, as managers on the part of
the House at said conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.105.12 immigration reform
On motion of Mr. SMITH of Texas, by direction of the Committee on the
Judiciary and pursuant to clause 1 of rule XX, the bill (H.R. 2202) to
amend the Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border patrol and
investigative personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for eligiblity for
employment, and through other measures, to reform the legal immigraton
system and facilitate legal entries into the United States, and for
other purposes; together with the amendment of the Senate thereto, was
taken from the Speaker's table.
When on motion of Mr. SMITH, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Ordered, That the Clerk notify the Senate thereof.
para.105.13 motion to instruct conferees--h.r. 2202
Mr. CONYERS moved that the managers on the part of the House at the
conference on the disagreeing votes of the two Houses on H.R. 2202, be
instructed to recede to the provisions contained in section 105
(relating to increased personnel levels for the Labor Department).
After debate,
By unanimous consent, the previous question was ordered on the motion
to instruct the managers on the part of the House.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. DREIER, announced that the yeas had it.
Mr. CONYERS objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
181
When there appeared
<3-line {>
Nays
236
para.105.14 [Roll No. 408]
YEAS--181
Abercrombie
Ackerman
Allard
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McInnis
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roth
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Serrano
Skaggs
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weller
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NAYS--236
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McHugh
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Roberts
Roemer
Rogers
Rohrabacher
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zimmer
NOT VOTING--16
Brown (FL)
Buyer
Collins (IL)
de la Garza
Ganske
Hayes
Heineman
McNulty
Mollohan
Norwood
Pastor
Portman
Riggs
Scott
Torkildsen
Zeliff
So the motion to instruct the managers on the part of the House was
not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
[[Page 2176]]
para.105.15 appointment of conferees--h.r. 2202
Thereupon, the SPEAKER pro tempore, Mr. DREIER, by unanimous consent,
appointed Messrs. Hyde, Smith of Texas, Gallegly, McCollum, Goodlatte,
Bryant of Tennessee, Bono, Goodling, Cunningham, McKeon, Conyers, Frank
of Massachusetts, Berman, Bryant of Texas, Becerra, Martinez, Green of
Texas, and Jacobs, as managers on the part of the House at said
conference.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.105.16 h. res. 470--unfinished business
The SPEAKER pro tempore, Mr. DREIER, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and agree to the resolution (H. Res. 470) expressing the sense of the
Congress that the Department of Education should play a more active role
in monitoring and enforcing compliance with the provisions of the Higher
Education Act of 1965 related to campus crime.
The question being put,
Will the House suspend the rules and agree to said resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
413
<3-line {>
affirmative
Nays
0
para.105.17 [Roll No. 409]
YEAS--413
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOT VOTING--20
Bono
Brown (FL)
Bryant (TX)
Collins (IL)
Conyers
de la Garza
Ganske
Hayes
Heineman
McNulty
Mollohan
Norwood
Pastor
Payne (NJ)
Portman
Riggs
Roybal-Allard
Scott
Torkildsen
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
para.105.18 h.r. 3863--unfinished business
The SPEAKER pro tempore, Mr. DREIER, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3863) to amend the Higher Education
Act of 1965 to permit the lenders under the unsubsidized Federal Family
Education Loan program to pay origination fees on behalf of borrowers;
as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
414
<3-line {>
affirmative
Nays
1
para.105.19 [Roll No. 410]
YEAS--414
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
[[Page 2177]]
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--1
Williams
NOT VOTING--18
Bono
Brown (FL)
Bryant (TX)
Chenoweth
Collins (IL)
de la Garza
Ganske
Hayes
Heineman
McNulty
Mollohan
Norwood
Pastor
Portman
Riggs
Scott
Torkildsen
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.105.20 h.r. 3539--unfinished business
The SPEAKER pro tempore, Mr. DREIER, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3539) to amend title 49, United States
Code, to reauthorize programs of the Federal Aviation Administration,
and for other purposes; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DREIER, announced that two-thirds of
those present had not voted in the affirmative.
Mr. GILCREST demanded a recorded vote on passage of said bill, as
amended, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
398
<3-line {>
affirmative
Nays
17
para.105.21 [Roll No. 411]
AYES--398
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Nethercutt
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOES--17
Allard
Barr
Canady
Cooley
Cox
Hefley
Hyde
Largent
Meyers
Myrick
Sanford
Sensenbrenner
Shadegg
Souder
Stockman
Stump
Wolf
NOT VOTING--18
Baker (CA)
Brown (FL)
Bryant (TX)
Collins (IL)
de la Garza
Ganske
Hayes
Heineman
McNulty
Mollohan
Norwood
Pastor
Portman
Riggs
Scott
Torkildsen
Weldon (PA)
Zeliff
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
[[Page 2178]]
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.105.22 h.r. 3759--unfinished business
The SPEAKER pro tempore, Mr. DREIER, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3759) to extend the authority of the
Overseas Private Investment Corporation, and for other purposes; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
157
<3-line {>
negative
Nays
260
para.105.23 [Roll No. 412]
YEAS--157
Abercrombie
Ackerman
Baldacci
Barcia
Barrett (NE)
Barton
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bishop
Bliley
Blumenauer
Boehner
Brewster
Brown (CA)
Brown (OH)
Bryant (TN)
Callahan
Calvert
Cardin
Castle
Christensen
Clayton
Clinger
Clyburn
Coleman
Danner
Davis
DeLauro
DeLay
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Dreier
Edwards
Engel
Ewing
Fattah
Fazio
Fields (TX)
Filner
Flake
Foglietta
Forbes
Franks (CT)
Frisa
Frost
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Hamilton
Hastert
Hastings (FL)
Hefner
Hilliard
Houghton
Hoyer
Hyde
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Johnston
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Kolbe
LaHood
Lantos
Latham
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lofgren
Lowey
Lucas
Maloney
Manton
Manzullo
Martinez
Matsui
McCarthy
McDade
Menendez
Meyers
Mink
Moakley
Moran
Morella
Myers
Nadler
Oberstar
Olver
Ortiz
Orton
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Pickett
Pomeroy
Porter
Quinn
Rangel
Richardson
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Sawyer
Schiff
Serrano
Sisisky
Skaggs
Skeen
Smith (NJ)
Stenholm
Studds
Tanner
Tejeda
Thomas
Thompson
Thurman
Torres
Torricelli
Traficant
Vento
Ward
Watt (NC)
Weller
Wicker
Williams
Wilson
Wise
Wynn
Young (AK)
NAYS--260
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (WI)
Bartlett
Bass
Bevill
Bilbray
Bilirakis
Blute
Boehlert
Bonilla
Bonior
Bono
Borski
Boucher
Browder
Brownback
Bunn
Bunning
Burr
Burton
Buyer
Camp
Campbell
Canady
Chabot
Chambliss
Chapman
Chenoweth
Chrysler
Clay
Clement
Coble
Coburn
Collins (GA)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Deal
DeFazio
Dellums
Diaz-Balart
Dickey
Doolittle
Dornan
Doyle
Duncan
Dunn
Durbin
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Farr
Fawell
Fields (LA)
Flanagan
Foley
Ford
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Funderburk
Furse
Gallegly
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hancock
Hansen
Harman
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Hunter
Hutchinson
Inglis
Istook
Jackson (IL)
Jacobs
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
LaFalce
Largent
LaTourette
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Luther
Markey
Martini
Mascara
McCollum
McCrery
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Murtha
Myrick
Neal
Nethercutt
Neumann
Ney
Nussle
Obey
Owens
Oxley
Packard
Pallone
Parker
Paxon
Peterson (MN)
Petri
Pombo
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Reed
Regula
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Royce
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skelton
Slaughter
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stockman
Stokes
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thornberry
Thornton
Tiahrt
Towns
Upton
Velazquez
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wolf
Woolsey
Yates
Young (FL)
Zimmer
NOT VOTING--16
Brown (FL)
Bryant (TX)
Collins (IL)
de la Garza
Ganske
Hayes
Heineman
McNulty
Mollohan
Norwood
Pastor
Portman
Riggs
Scott
Torkildsen
Zeliff
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
para.105.24 permission to file conference report
On motion of Mr. LIVINGSTON, by unanimous consent, the managers on the
part of the House were granted permission until midnight tonight to file
a conference report on the bill (H.R. 3816) making appropriations for
energy and water development for the fiscal year ending September 30,
1997, and for other purposes; together with a statement thereon, for
printing in the Record under the rule.
para.105.25 g.v. (sonny) montgomery department of veterans affairs
medical center
On motion of Mr. STUMP, by unanimous consent, the bill of the Senate
(S. 1669) to name the Department of Vetrans Affairs medical center in
Jackson, Mississippi, as the ``G.V. (Sonny) Montgomery Department of
Veterans Affairs Medical Center''; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.105.26 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1662. An Act to establish areas of wilderness and
recreation in the State of Oregon, and for other purposes; to
the Committee on Resources, and in addition to the Committees
on Agriculture and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
para.105.27 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 2428. An Act to encourage the donation of food and
grocery products to nonprofit organizations for distribution
to needy individuals by giving the Model Good Samaritan Food
Donation Act the full force and effect of law.
H.R. 4018. An Act to make technical corrections in the
Federal Oil and Gas Royalty Management Act of 1992.
para.105.28 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GANSKE, for today and September 12;
To Mr. HEINEMAN, for today and September 12;
To Mr. TORKILDSEN, for today;
To Mr. PASTOR, for today;
To Mr. McNULTY, for today;
To Mr. PORTMAN, for today;
To Mr. RIGGS, for today; and
To Mr. SCOTT, for today.
And then,
para.105.29 adjournment
On motion of Mr. KINGSTON, at 7 o'clock and 45 minutes p.m., the House
adjourned.
[[Page 2179]]
para.105.30 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mrs. CLAYTON (for herself, Mr. Rose, Mr. Jones, Mr.
Ballenger, Mr. Funderburk, Mr. Heineman, Mr. Hefner,
Mr. Watt of North Carolina, Mr. Coble, Mr. Burr, Mr.
Hoyer, Mr. Bliley, Mr. Davis, Mr. Payne of Virginia,
Mr. Sisisky, Mr. Wolf, Mr. Clyburn, Mr. Spratt, Mr.
Wise, Mr. Cummings, Mrs. Morella, and Mr. Wynn):
H.R. 4046. A bill to make emergency supplemental
appropriations for fiscal year 1996 to provide relief from
the damages caused by Hurricane Fran and other natural
disasters of 1996; to the Committee on Appropriations.
By Mrs. JOHNSON of Connecticut (for herself, Mr.
Dingell, Mr. Greenwood, Mr. Stark, Mr. Shaw, Mr.
Cardin, Mr. Saxton, Mr. Pallone, Mr. DeFazio, Mr.
McDermott, Mr. Kleczka, Mr. Lewis of Georgia, Mr.
Matsui, Mr. Durbin, Mr. Rahall, Mr. Ackerman, Mr.
Andrews, and Mr. Hilliard):
H.R. 4047. A bill to amend title XVIII of the Social
Security Act to provide additional consumer protections for
Medicare supplemental insurance; to the Committee on
Commerce.
By Mr. BAKER of California (for himself, Mr. Riggs,
Mrs. Seastrand, Mr. Radanovich, Mr. Horn, Mr. Dreier,
Mr. Kim, and Mr. Calvert):
H.R. 4048. A bill to enhance California's habitat, water
quality, and water supply; to the Committee on Transportation
and Infrastructure, and in addition to the Committee on
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. GILLMOR:
H.R. 4049. A bill to permit States to prohibit the disposal
of solid waste imported from other nations; to the Committee
on Commerce.
By Mr. GIBBONS:
H.R. 4050. A bill to amend the Internal Revenue Code of
1986 to replace the current individual and corporate income
taxes, and the Social Security and Medicare taxes, with a
value-added tax; to the Committee on Ways and Means.
By Mr. KLECZKA (for himself and Mr. Klug):
H.R. 4051. A bill to waive temporarily the Medicaid
enrollment composition rule for Managed Health Services of
Wisconsin; to the Committee on Commerce.
By Mr. KLECZKA (for himself and Mr. Stark):
H.R. 4052. A bill to amend the Internal Revenue Code of
1986 to assure continued health insurance coverage of retired
workers; to the Committee on Ways and Means, and in addition
to the Committees on Economic and Educational Opportunities,
and Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. LaHOOD:
H.R. 4053. A bill to impose temporarily a 25-percent duty
on imports of wheat gluten and to require the administering
authority to initiate an investigation under title VII of the
Tariff Act of 1930 with respect to wheat gluten; to the
Committee on Ways and Means.
By Mr. LIGHTFOOT:
H.R. 4054. A bill to provide relief to agricultural
producers who granted easements to, or owned or operated land
condemned by, the Secretary of the Army for flooding losses
caused by water retention at the dam site at Lake Redrock,
IA, to the extent that the actual losses exceed the estimates
of the Secretary, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Ms. LOFGREN:
H.R. 4055. A bill to require initial intake screenings and
the use of youth development specialists in Federal juvenile
proceedings, and to encourage States and local governments to
use similar procedures; to the Committee on the Judiciary,
and in addition to the Committee on Economic and Educational
Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. MINK of Hawaii:
H.R. 4056. A bill to amend the Immigration and Nationality
Act to provide for less restrictive standards for
naturalization as a citizen of the United States for certain
categories of persons; to the Committee on the Judiciary.
By Mr. QUILLEN:
H.R. 4057. A bill to suspend temporarily the duty on the
chemical DEMT; to the Committee on Ways and Means.
By Mrs. ROUKEMA (for herself, Mr. DeFazio, Mr. Wise,
Mrs. Johnson of Connecticut, Mrs. Morella, Ms.
Norton, Ms. Kaptur, Mr. McCollum, Mr. Kasich, and Mr.
Hutchinson):
H.R. 4058. A bill to provide for parity for mental health
benefits under group health plans; to the Committee on
Commerce, and in addition to the Committees on Economic and
Educational Opportunities, and Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. SEASTRAND:
H.R. 4059. A bill to provide for the acquisition of certain
property on Santa Cruz Island; to the Committee on Resources.
By Mr. SOLOMON (for himself, Mr. Stump, Mr. Watts of
Oklahoma, and Mr. Longley):
H.R. 4060. A bill to establish the Commission on the Future
for America's Veterans; to the Committee on Veterans'
Affairs, and in addition to the Committees on Rules, and
National Security, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. TALENT:
H.R. 4061. A bill to provide for the establishment of
uniform accounting systems, standards, and reporting systems
in the Federal Government, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. SOLOMON (for himself and Mr. Gilman):
H. Con. Res. 212. Concurrent resolution endorsing the
adoption by the European Parliament of a resolution
supporting the Republic of China on Taiwan's efforts at
joining the community of nations; to the Committee on
International Relations.
By Ms. MILLENDER-McDONALD:
H. Res. 518. Resolution to establish a select committee to
investigate CIA involvement in the financing, distribution,
and promulgation of crack cocaine and the use of any proceeds
to support the Contras; to the Committee on Rules.
By Mr. SOLOMON:
H. Res. 519. Resolution to amend House Rules to require the
random drug testing of Members, officers, and employees of
the House; to the Committee on Rules.
By Ms. WATERS:
H. Res. 520. Resolution to establish a select committee to
investigate CIA involvement in crack cocaine sales to fund
Contras; to the Committee on Rules.
para.105.31 memorials
Under clause 4 of rule XXII,
242. The SPEAKER presented a memorial of the General
Assembly of the Commonwealth of Kentucky, relative to Senate
Joint Resolution No. 50, postratifying the 27th article of
amendment to the Constitution of the United States of America
deferring any variations in the compensation of Members of
the U.S. Congress until an election of U.S. Representatives
shall have intervened; to the Committee on the Judiciary.
para.105.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Leach.
H.R. 72: Mrs. Fowler and Mr. Stearns.
H.R. 103: Mr. Metcalf.
H.R. 210: Mr. Cox.
H.R. 1023: Mr. Kingston.
H.R. 1090: Mr. Saxton.
H.R. 1363: Mr. Greenwood.
H.R. 1386: Mr. Franks of Connecticut and Mr. McCollum.
H.R. 1402: Mr. Stokes and Mr. Brown of Ohio.
H.R. 1998: Mr. Bachus, Mr. Ney, and Ms. Pryce.
H.R. 2084: Mr. Nadler.
H.R. 2085: Mr. Nadler.
H.R. 2089: Mr. Rohrabacher and Mr. Skeen.
H.R. 2247: Ms. Eshoo.
H.R. 2508: Mr. Hayworth and Ms. McCarthy.
H.R. 2535: Mr. Barr.
H.R. 2900: Mr. Mica, Mr. Oberstar, Mr. Peterson of
Minnesota, Mr. Bereuter, Mr. Roberts, Mr. Frelinghuysen, Mr.
Lewis of Kentucky, Mr. Baldacci, Mr. Castle, Mr. Christensen,
Mr. Reed, Mr. Martinez, and Mr. Bentsen.
H.R. 3002: Mr. Wicker.
H.R. 3077: Ms. Slaughter and Mr. Cramer.
H.R. 3142: Ms. Pryce and Mr. Inglis of South Carolina.
H.R. 3178: Mr. Abercrombie.
H.R. 3207: Ms. Slaughter and Mr. Ackerman.
H.R. 3221: Mr. Ackerman, Mr. Gutierrez, Ms. Velazquez, Mr.
Fields of Louisiana, and Mr. Brown of California.
H.R. 3226: Mr. McDermott, Mr. Andrews, Mr. Conyers, Mr.
Boehlert, Mr. Stark, Mr. Baker of Louisiana, Mr. Saxton, Mr.
Vento, and Mr. Longley.
H.R. 3307: Mr. Parker, Mr. Brewster, Mr. Peterson of
Minnesota, Mr. Hall of Texas, Mr. Sisisky, Mr. Condit, and
Mr. Pete Geren of Texas.
H.R. 3337: Ms. Slaughter.
H.R. 3348: Ms. Norton.
H.R. 3401: Mr. Torricelli, Mr. Latham, and Mr. Owens.
H.R. 3430: Mr. Canady, Mr. Sawyer, Ms. Pryce, Mr. Johnson
of South Dakota, Mr. Oxley, Mr. Lucas, and Mr. Campbell.
H.R. 3511: Mr. Dellums, Mr. Romero-Barcelo, and Mr. Yates.
H.R. 3584: Mr. Manton.
H.R. 3590: Ms. Slaughter, Ms. Norton, Ms. Furse, and Mr.
Matsui.
H.R. 3646: Mr. Dellums.
H.R. 3654: Mr. Tauzin, Mr. Fattah, Mr. Clement, Mr.
Gejdenson, and Ms. Velazquez.
H.R. 3678: Mr. Coleman.
H.R. 3714: Mr. Matsui, Ms. Slaughter, Mr. Condit, Mr.
Coleman, Mr. Hall of Ohio, Ms. Furse, and Mr. Rahall.
[[Page 2180]]
H.R. 3727: Mr. Brown of California, Mr. Dellums, Mrs.
Morella, and Mr. Manzullo.
H.R. 3745: Mr. Talent.
H.R. 3752: Mrs. Smith of Washington.
H.R. 3905: Mr. Weller.
H.R. 3923: Mr. Traficant, Mr. Clinger, Mrs. Meek of
Florida, Mr. Coble, Mr. Frost, Mr. Ehrlich, Mr. Kennedy of
Rhode Island, Mr. Costello, Mr. McDade, Mrs. Seastrand, Mr.
Baldacci, Mr. Pete Geren of Texas, and Mr. Greenwood.
H.R. 3927: Mr. Waxman, Mr. Moran, Mr. Klug, Mr. Fazio of
California, Mr. Dellums, Mr. Lipinski, and Mr. Matsui.
H.R. 3928: Mr. Dellums.
H.R. 3963: Mr. Blute, Mr. Horn, Mr. Barr, and Mr. Baldacci.
H.R. 4000: Mr. Manton, Mr. Vento, Mr. Gejdenson, Mr.
Bevill, Mr. Baesler, Mr. Kleczka, Mr. Clement, Mr. Brown of
Ohio, and Mr. Frost.
H.R. 4011: Mr. Camp and Mr. Manzullo.
H.J. Res. 191: Mr. Hastert, Mr. Lipinski, and Mr.
Nethercutt.
H. Con. Res. 63: Mr. Baldacci and Mr. Stump.
H. Con. Res. 135: Mr. Williams, Ms. Pelosi, Mrs. Lowey, and
Mr. Davis.
H. Con. Res. 176: Mr. Davis, Mr. Coburn, Mr. Lipinski, Mr.
Skeen, Mr. Blute, Mr. Watts of Oklahoma, Mr. Pete Geren of
Texas, Mr. Camp, Mr. Campbell, and Mrs. Morella.
H. Con. Res. 180: Mr. Manton, Mr. Fox, and Mr. Hobson.
H. Con. Res. 199: Ms. Slaughter, Mr. Baldacci, and Mrs.
Maloney.
H. Res. 478: Mr. Jacobs, Mr. Matsui, Mr. Lucas, and Mr.
Clement.
H. Res. 486: Mr. Hostettler, Mr. Bartlett of Maryland, Mr.
Dornan, Mr. Fields of Texas, and Mr. Baker of California.
H. Res. 510: Mr. Stockman, Ms. Greene of Utah, and Mr.
English of Pennsylvania.
.
THURSDAY, SEPTEMBER 12, 1996 (106)
The House was called to order by the SPEAKER.
para.106.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, September 11, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.106.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5086. A letter from the Deputy Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Service's final rule--Fisheries of the
Northeastern United States; Northeast Multispecies Fishery;
Framework Adjustment 15 [Docket No. 960830238-6238-01; I.D.
082096B], pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Natural Resources.
5087. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Corn Cyst Nematode [APHIS Docket No.
96-001-2] received September 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5088. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Importation of Fruits and Vegetables
[APHIS Docket No. 95-068-2] received September 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5089. A letter from the Director, Test, Systems Engineering
& Evaluation, Department of Defense, transmitting a letter
notifying Congress of the intent to obligate funds for fiscal
year 1997 Foreign Comparative Testing [FCT] Program, pursuant
to 10 U.S.C. 2350a(g); to the Committee on National Security.
5090. A letter from the Secretary of the Air Force,
transmitting notification that certain major defense
acquisition programs have breached the unit cost by more than
15 percent, pursuant to 10 U.S.C. 2433; to the Committee on
National Security.
5091. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting the semiannual
report on tied aid credits, pursuant to Public Law 99-472,
section 19 (100 Stat. 1207); to the Committee on Banking and
Financial Services.
5092. A letter from the Director, Office of the Secretary
of Defense, transmitting the Office's final rule--Provision
of Early Intervention and Special Education Services to
Eligible DoD Dependents in Overseas Areas [DoD Instruction
1342.12] received September 9, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
5093. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Washington;
Revision to the State Implementation Plan Vehicle Inspection
and Maintenance Program [FRL-5608-7] received September 11,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5094. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--South Dakota; Final
Determination of Adequacy of State's Municipal Solid Waste
Permit Program over Non-Indian Lands for the Former Lands of
the Yankton Sioux, Lake Traverse (Sisseton-Wahpeton) and
Parts of the Rosebud Indian Reservation [FRL-5550-7] received
September 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5095. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Army's proposed Letter(s) of Offer and
Acceptance [LOA] to Colombia for defense articles and
services (Transmittal No. 96-71), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
5096. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Korea for defense articles and services
(Transmittal No. 96-76), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
5097. A letter from the Commander, Air Force Services
Agency, transmitting the annual report for the Air Force
nonappropriated fund retirement plan for the plan year ending
September 30, 1995, pursuant to 31 U.S.C. 9503(a)(1)(B); to
the Committee on Government Reform and Oversight.
5098. A letter from the Inspector General, Railroad
Retirement Board, transmitting the budget request for the
Office of Inspector General, Railroad Retirement Board, for
fiscal year 1998, pursuant to 45 U.S.C. 231f; to the
Committee on Government Reform and Oversight.
5099. A letter from the Director, Office of Sustainable
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Service's final rule--Fisheries Off West
Coast States and in the Western Pacific; West Coast Salmon
Fisheries; Closures from the Oregon-California Border to
Humboldt South Jetty, CA, and from the U.S.-Canadian Border
to Leadbetter Point, WA [Docket No. 960126016-6121-04; I.D.
090396B] received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5100. A letter from the Director, Office of Sustainable
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Service's final rule--Fisheries of the
Exclusive Economic Zone Off Alaska; Pollock by Vessels Using
Nonpelagic Trawl Gear in the Bering Sea and Aleutian Island
Area [Docket No. 960129019-6019-01; I.D. 090696F] received
September 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5101. A letter from the Director, Office of Sustainable
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Service's final rule--Fisheries of the
Exclusive Economic Zone Off Alaska; Scallop Fishery; Closure
in Registration Area H [Docket No. 960502124-6190-02; I.D.
082796E] received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5102. A letter from the Director, Office of Surface Mining,
transmitting the Office's final rule--Alaska Regulatory
Program [AK-004-FOR; Alaska Amendment IV] received September
12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
5103. A letter from the Assistant Secretary of the Army
(Civil Works), Department of the Army, transmitting a report
recommending authorization of a deep-draft navigation project
at Port Fourchon, Lafourche Parish, LA; to the Committee on
Transportation and Infrastructure.
5104. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's final
rule--Removal of 28 CFR Part 25--Recommendations to the
President on Civil Aeronautics Board Decisions [AG Order No.
2002-95] (RIN: 1105-AA41) received September 11, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5105. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Last-
in, First-out Inventories (Revenue Ruling 96-22) received
September 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5106. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Combination of Combined Taxable Income Under the Profit Split
Method When the Possession Product is a Component Product or
an End-Product Form for Purposes of the Possessions Credit
Under Section 936 (RIN: 1545-AR18) received September 12,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Ways and Means.
5107. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Excise Taxes on Excess Benefit Transactions Engaged in by
Certain Tax-Exempt Organizations (Notice 96-46) received
September 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5108. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Private Inurement Expressly Prohibited for Section 501(c)(4)
Organizations (Notice 96-47) received September 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
5109. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Tax-
Exempt Organization Information Returns--Requirement to
[[Page 2181]]
Provide Copies to the Public and Increases in Certain
Penalties (Notice 96-48) received September 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
5110. A letter from the Chairman, Railroad Retirement
Board, transmitting a draft of proposed legislation to amend
the Railroad Retirement Act to conform the statute of
limitations with respect to the creditability of compensation
under that act to the statute of limitations with respect to
the payment of taxes under the Railroad Retirement Tax Act
and for other purposes; to the Committee on Ways and Means.
5111. A letter from the Chair of the Board, Office of
Compliance, transmitting notice of issuance of final
regulations for publication in the Congressional Record,
pursuant to Public Law 104-1, section 304(d)(1) (109 Stat.
30); jointly, to the Committees on House Oversight and
Economic and Educational Opportunities.
para.106.3 point of order
Mr. WISE during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, is it not correct that the rules of the House under
regular order prevent people from speaking on the floor of the House
with respect to matters before the Ethics Committee?''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman is correct.
``The gentleman from West Virginia [Mr. Wise] may proceed in order.''.
para.106.4 point of order
Mr. WISE further addressed the House and, during the course of his
remarks,
Mr. WALKER made a point of order, and said:
``Mr. Speaker, the gentleman from West Virginia continues to proceed
out of order of the House and should be called to order by the Chair.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The Chair at this time will repeat the admonition from the Chair of
June 26, 1996.
``It is an essential rule of decorum in debate that Members should
refrain from references in debate to the conduct of other Members where
such conduct is not the question actually pending before the House by
way of a report from the Committee on Standards of Official Conduct or
by way of another question of the privileges of the House. This
principle is documented on pages 168 and 526 of the House Rules and
Manual and reflects the consistent rulings of the Chair in this and in
prior Congresses and applies to 1-minute and special order speeches.
``Neither the filing of a complaint before the Committee on Standards
of Official Conduct, nor the publication in another forum, of charges
that are personally critical of another Member, justify the references
to such charges on the floor of the House. This includes references to
the motivations of Members who file complaints and to members of the
Committee on Standards of Official Conduct.
``Clause 1 of rule XIV is a prohibition against engaging in
personality in debate. It derives from article I, section 5 of the
Constitution, which authorizes each House to make its own rules and to
punish its Members for disorderly behavior, and has been part of the
rules of the House in some relevant form since 1789. This rule
supersedes any claim of a Member to be free from questioning in any
other place.
``On January 27, 1909, the House adopted a report that stated the
following: `It is the duty of the House to require its members in speech
or debate to preserve that proper restraint which will permit the House
to conduct its business in an orderly manner and without unnecessarily
and unduly exciting animosity among its Members.' (Cannon's Precedents,
volume 8, at section 2497). This report was in response to improper
references in debate to the President, but clearly reiterated a
principle that all occupants of the Chair in this and in prior
Congresses have held to be equally applicable to Members' remarks in
debate toward each other.
```The Chair asks and expects the cooperation of all Members in
maintaining a level of decorum that properly dignifies the proceedings
of the House.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. WISE to
proceed in order.
para.106.5 point of order
Mr. LEWIS of Georgia during one minute speeches addressed the House
and, during the course of his remarks,
Mr. WALKER made a point of order, and said:
``Mr. Speaker, the gentleman from Georgia is engaging in debate which
is outside the rules of the House and should be admonished by the
Chair.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman from Pennsylvania [Mr. Walker] is correct. Consistent
with prior rulings, the gentleman from Georgia [Mr. Lewis] is advised to
proceed in order.''.
para.106.6 point of order
Mr. LEWIS of Georgia further addressed the House and, during the
course of his remarks,
Mr. WALKER made a point of order, and said:
``Mr. Speaker, the gentleman from Georgia continues to proceed out of
order, and the Chair should require that the gentleman observe the
regular order of the House.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``That is correct. The gentleman continues to refer to a pending
investigation before the Standards Committee. * * *
``The gentleman from Georgia is again advised to please proceed in
regular order or be seated.''.
para.106.7 point of order
Mr. LEWIS of Georgia further addressed the House and, during the
course of his remarks,
Mr. WALKER made a point of order, and said:
``Mr. Speaker, the gentleman from Georgia continues to proceed out of
order in the House. The gentleman is not following the Chair's
admonishment that Members have an obligation to the House and to the
institution to proceed in order.
``The point of order is that the gentleman is out of order.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The point of order is again sustained, and the gentleman from
Georgia [Mr. Lewis] is again advised to please proceed in regular order
or be seated.''.
para.106.8 point of order
Mr. LEWIS of Georgia further addressed the House and, during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, this is the fourth time that the gentleman has referred
to matters on the floor that were in the Ethics Committee and ignored
the admonition of the Chair. Maybe it is perhaps time for him to be
seated.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman's point of order for the fourth time is sustained and
correct and the gentleman from Georgia [Mr. Lewis] is again invited to
proceed in regular order.''.
para.106.9 point of order
Mr. STUPAK during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentleman is referring to matters again before the
Standards Committee and the Speaker has ruled again and again that that
is out of order. The gentleman should either continue in order or sit
down.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The point of order is well taken. To the extent that the gentleman
from Michigan [Mr. Stupak] refers to a pending matter before the
Standards Committee, he is asked to refrain from those observations and
proceed in order.''.
para.106.10 point of order
Ms. DeLAURO during one minute speeches addressed the House and, during
the course of her remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentlewoman from Connecticut is referring directly
to
[[Page 2182]]
matters before the Committee on Standards of Official Conduct.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman is correct. The gentlewoman is directed to continue in
order.''.
para.106.11 point of order
Ms. DeLAURO further addressed the House and, during the course of her
remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, I would ask you to enforce the rules of this House,
because each of these Members has found ways to go back to the
references to the Committee on Standards of Official Conduct, when they
should be called out of order and asked to sit down.''.
The SPEAKER pro tempore, Mr. LaTOURETTE, responded to the point of
order, and said:
``The Chair has repeatedly asked Members to respect the rules of the
House and rulings of the Chair. There are opportunities available to the
Chair to enforce the rules of the House. The appropriate manner in which
to enforce it at this moment in time is a point of order made by another
Member. * * *
``The gentlewoman [Ms. DeLauro] may proceed in order.''.
para.106.12 point of order
Mr. MILLER of California during one minute speeches addressed the
House and, during the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentleman is not adhering to the rulings of the
House again with respect to speaking on the floor regarding matters
before the Committee on Standards of Official Conduct.''.
Mr. MILLER of California was recognized to speak to the point of
order, and said:
``Mr. Speaker, the words I have uttered up until the time I was
interrupted are not my words. They are in fact the words of Speaker
Gingrich on July 28, 1988, in a letter from Speaker Gingrich to the
Honorable Julian Dixon, the former Chair of the Committee on Standards
of Official Conduct. Therefore, Mr. Speaker, this is proper.
``If I can continue to be heard on the point of order, Mr. Speaker, I
am not speaking on a matter that is currently before the Committee on
Standards of Official Conduct. I am speaking to a matter that was before
the Committee on Standards of Official Conduct in 1988, where the
question was raised at that time as to whether or not that committee
had, one, limited the scope of inquiry by the special counsel, where the
question was raised as to the contract between the special counsel and
the committee, and whether or not the committee was------ .''.
The SPEAKER pro tempore, Mr. LaTOURETTE, overruled the point of order,
and said:
``The gentleman will kindly suspend. The Chair is prepared to rule.
``The Chair is acceding to the gentleman from California's [Mr.
Miller] points. The gentleman may proceed in that context.''.
para.106.13 submission of conference report--h.r. 3816
Mr. MYERS submitted a conference report (Rept. No. 104-782) on the
bill (H.R. 3816) making appropriations for energy and water development
for the fiscal year ending September 30, 1997, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.106.14 order of business--consideration of conference report--h.r.
3816
On motion of Mr. MYERS, by unanimous consent,
Ordered, That it may be in order at any time on Thursday, September
12, 1996, or any day thereafter, to consider a conference report to
accompany the bill (H.R. 3816) making appropriations for energy and
water development for the fiscal year ending September 30, 1997, and for
other purposes; that all points of order against the conference report
and against its consideration be waived; and that the conference report
be considered as read when called up.
para.106.15 energy and water appropriations
Mr. MYERS, pursuant to the foregoing order of the House, called up the
following conference report (Rept. No. 104-782):
The Committee of Conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3816) ``making appropriations for energy and water
development for the fiscal year ending September 30, 1997,
and for other purposes,'' having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 1997, for energy and water
development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood control, beach erosion, and related purposes.
general investigations
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$153,872,000, to remain available until expended, of which
funds are provided for the following projects in the amounts
specified:
Norco Bluffs, California $180,000;
San Joaquin River Basin, Caliente Creek, California,
$150,000;
Tampa Harbor, Alafia Channel, Florida, $100,000;
Lake George, Hobart, Indiana, $100,000;
Little Calumet River Basin, Cady Marsh Ditch, Indiana,
$200,000;
Tahoe Basin Study, Nevada and California, $100,000;
Barnegat Inlet to Little Egg Harbor Inlet, New Jersey,
$300,000;
Brigantine Inlet to Great Egg Harbor Inlet, New Jersey,
$360,000;
Great Egg Harbor Inlet to Townsends Inlet, New Jersey,
$200,000;
Manasquan Inlet to Barnegat Inlet, New Jersey, $250,000;
Townsends Inlet to Cape May Inlet, New Jersey, $245,000;
South Shore of Staten Island, New York, $200,000;
Mussers Dam, Middle Creek, Snyder County, Pennsylvania,
$450,000;
Rhode Island South Coast, Habitat Restoration and Storm
Damage Reduction, Rhode Island, $100,000;
Monongahela River, West Virginia, $500,000;
Monongahela River, Fairmont, West Virginia, $100,000; and
Tygart River Basin, Philippi, West Virginia, $100,000.
construction, general
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute a
commitment of the Government to construction),
$1,081,942,000, to remain available until expended, of which
such sums as are necessary pursuant to Public Law 99-662
shall be derived from the Inland Waterways Trust Fund, for
one-half of the costs of construction and rehabilitation of
inland waterways projects, including rehabilitation costs for
the Lock and Dam 25, Mississippi River, Illinois and
Missouri, Lock and Dam 14, Mississippi River, Iowa, and Lock
and Dam 24, Mississippi River, Illinois and Missouri,
projects, and of which funds are provided for the following
projects in the amounts specified:
Red River Emergency Bank Protection, Arkansas, $3,000,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$7,000,000;
Indianapolis Central Waterfront, Indiana, $7,000,000;
Indiana Shoreline Erosion, Indiana, $2,200,000;
Harlan (Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River), Kentucky, $18,000,000;
Martine County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $350,000;
Middlesboro (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $2,500,000;
Pike County (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $2,000,000;
Town of Martin (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $300,000;
[[Page 2183]]
Williamsburg (Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River), Kentucky, $4,050,000;
Salyersville, Kentucky, $3,000,000;
Lake Pontchartrain and Vicinity, Louisiana, $17,025,000;
Lake Pontchartrain (Jefferson Parish) Stormwater Discharge,
Louisiana, $4,750,000;
Red River below Denison Dam Levee and Bank Stabilization,
Louisiana, Arkansas, and Texas, $100,000;
Red River Emergency Bank Protection, Louisiana, $3,400,000;
Glen Foerd, Pennsylvania, $800,000;
South Central Pennsylvania Environmental Restoration
Infrastructure and Resource Protection Development Pilot
Program, Pennsylvania, $7,000,000;
Seekonk River, Rhode Island Bridge removal, $650,000;
Wallisville Lake, Texas, $7,500,000;
Richmond Filtration Plant, Virginia, $3,500,000;
Virginia Beach, Virginia $8,000,000;
Hatfield Bottom (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $1,300,000;
Lower Mingo (Kermit) (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $4,000,000;
Lower Mingo, West Virginia, Tributaries Supplement,
$105,000; and
Upper Mingo County (Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River), West Virginia, $3,500,000:
Provided, That of the funds provided for the Red River
Waterway, Mississippi River to Shreveport, Louisiana,
project, $3,000,000 is provided, to remain available until
expended, for design and construction of a regional visitor
center in the vicinity of Shreveport, Louisiana at full
Federal expense:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $1,000,000
of the funds appropriated in Public Law 104-46 for
construction of the Ohio River Flood Protection, Indiana,
project: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed, in
cooperation with State, county, and city officials and in
consultation with the Des Moines River Greenbelt Advisory
Committee, to provide highway and other signs appropriate to
direct the public to the bike trail which runs from downtown
Des Moines, Iowa, to the Big Creek Recreation area at the
Corps of Engineers Saylorville Lake project and the wildlife
refuge in Jasper and Marion Counties in Iowa authorized in
Public Law 101-302: Provided further, That any law,
regulation, documents or record of the United States in which
such projects are referred to shall be held to refer to the
bike trail as the Neal Smith Bike Trail and to such centers
as the Neal Smith Prairie Wildlife Learning Center: Provided
further, That the Secretary is directed to initiate
construction on the Joseph G. Minish Historic Waterfront
Park, New Jersey, project; furthermore, the Secretary may
transfer not to exceed $900,000 from General Investigations
appropriations made in Title I of the Energy and Water
Development Appropriations Act, Public Law 103-126 (107 STAT.
1313) for the Passaic River, Mainstem, New Jersey, to
Construction, General for the Joseph G. Minish Historic
Waterfront Park, New Jersey, project and that the Committees
on Appropriations of the House and Senate shall be promptly
advised of such transfer: Provided further, That of the funds
provided herein, $1,000,000 shall be for payment to the
Kansas City Southern Industries, Inc. in partial
reimbursement of costs associated with the relocation and
modification of the Louisiana and Arkansas (L&A) Railway
Bridge at Alexandria, Louisiana, for navigation requirements
of the Red River navigation project: Provided further, That
using $500,000 of the funds appropriated for the Passaic
River Mainstem, New Jersey, project under the heading
``General Investigations'' in Public law 103-126, the
Secretary of the Army, acting through the Chief of Engineers,
is directed to begin implementation of the Passaic River
Preservation of Natural Storage Areas separable element of
the Passaic River Flood Reduction Project, New Jersey:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is authorized and directed to
initiate construction on the following projects in the
amounts specified:
Humboldt Harbor, California, $2,500,000;
San Lorenzo River, California, $200,000;
Faulkner's Island, Connecticut, $1,500,000;
Chicago Shoreline, Illinois, $8,000,000;
Pond Creek, Jefferson City, Kentucky, $1,500,000;
Natchez Bluff, Mississippi, $4,500,000;
Wood River, Grand Isle, Nebraska, $1,000,000;
New York City Watershed, New York, $1,000,000;
Duck Creek, Cincinnati, Ohio, $466,000;
Saw Mill Run, Pittsburgh, Pennsylvania, $500,000;
West Virginia and Pennsylvania Flooding, West Virginia and
Pennsylvania, $1,000,000;
Upper Jordan River, Utah, $500,000
San Juan Harbor, Puerto Rico, $800,000; and
Allendale Dam, Rhode Island, $195,000: Provided further,
That no fully allocated funding policy shall apply to
construction of the projects listed above, and the Secretary
of the Army is directed to undertake these projects using
continuing contracts where sufficient funds to complete the
projects are not available from funds provided herein or in
prior years.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or maintenance
of flood control projects threatened or destroyed by flood,
as authorized by law (33 U.S.C. 702a, 702g-1), $310,374,000,
to remain available until expended: Provided, That the
President of the Mississippi River Commission is directed
henceforth to use the variable cost recovery rate set forth
in OMB Circular A-126 for use of the Commission aircraft
authorized by the Flood Control Act of 1946, Public Law 526:
Provided further, That notwithstanding the funding
limitations set forth in Public Law 104-6 (109 Stat. 85), the
Secretary of the Army, acting through the Chief of Engineers,
is authorized and directed to use additional funds
appropriated herein or previously appropriated to complete
remedial measures to prevent slope instability at Hickman
Bluff, Kentucky.
operation and maintenance, general
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided by
a State, municipality or other public agency, outside of
harbor lines, and serving essential needs of general commerce
and navigation; surveys and charting of northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to
navigation, $1,697,015,000, to remain available until
expended, of which such sums as become available in the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662,
may be derived from that fund, and of which such sums as
become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16
U.S.C. 460l), may be derived from that fund for construction,
operation, and maintenance of outdoor recreation facilities,
and of which funds are provided for the following projects in
the amounts specified:
Raystown Lake, Pennsylvania, $4,190,000; and
Cooper Lake and Channels, Texas, $2,601,000:
Provided, That using $1,000,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to design and construct a landing
at Guntersville, Alabama, as described in the Master Plan
Report of the Nashville District titled ``Guntersville
Landing'' dated June, 1996: Provided further, That the
Secretary of the Army is directed to design and implement at
full Federal expense an early flood warning system for the
Greenbrier and Cheat River Basins, West Virginia within
eighteen months from the date of enactment of this Act:
Provided further, That the Secretary of the Army is directed
during fiscal year 1997 to maintain a minimum conservation
pool level of 475.5 at Wister Lake in Oklahoma: Provided
further, That no funds, whether appropriated, contributed, or
otherwise provided, shall be available to the United States
Army Corps of Engineers for the purpose of acquiring land in
Jasper County, South Carolina, in connection with the
Savannah Harbor navigation project: Provided further, That
the Secretary of the Army is directed to use $600,000 of
funding provided herein to perform maintenance dredging of
the Cocheco River navigation project, New Hampshire.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$101,000,000, to remain available until expended.
flood control and coastal emergencies
For expenses necessary for emergency flood control,
hurricane, and shore protection activities, as authorized by
section 5 of the Flood Control Act approved August 18, 1941,
as amended, $10,000,000, to remain available until expended;
Provided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use up to $8,000,000 of
the funds appropriated herein and under this heading in
Public Law 104-134 to rehabilitate non-Federal flood control
levees along the Puyallup and Carbon Rivers in Pierce County,
Washington.
general expenses
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Coastal
Engineering Research Board, the Humphreys Engineer Center
Support Activity, the Engineering Strategic Studies Center,
and the Water Resources Support Center, and for costs of
implementing the Secretary of the Army's plan to reduce the
number of division offices as directed in title I, Public Law
104-46, $149,000,000, to remain available until expended:
Provided, That no part of any other appropriation provided in
title I of this Act shall be available to fund the activities
of the Office of the Chief of Engineers or the executive
direction and management activities of the Division Offices:
Provided further, That with funds provided herein and
notwithstanding any other provision of law, the Secretary of
the Army shall develop and submit to the Congress (including
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives) within 60 days of enactment of this
Act, a plan which reduces the
[[Page 2184]]
number of division offices within the United States Army
Corps of Engineers to no less than 6 and no more than 8, with
each division responsible for at least 4 district offices,
but does not close or change any civil function of any
district office: Provided further, That notwithstanding any
other provision of law, the Secretary of the Army is directed
to begin implementing the division office plan on April 1,
1997: Provided further, That up to $1,500,000 may be
transferred to this account from any other appropriation
account in this title.
administrative provision
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the revolving
fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of
passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) In fiscal year 1997, the Secretary of the
Army shall advertise for competitive bid at least 8,500,000
cubic yards of the hopper dredge volume accomplished with
government owned dredges in fiscal year 1992.
(b) Notwithstanding the provisions of this section, the
Secretary is authorized to use the dredge fleet of the Corps
of Engineers to undertake projects when industry does not
perform as required by the contract specifications or when
the bids are more than 25 percent in excess of what the
Secretary determines to be a fair and reasonable estimated
cost of a well equipped contractor doing the work or to
respond to emergency requirements.
Sec. 102. None of the funds appropriated herein or
otherwise made available to the Army Corps of Engineers,
including amounts contained in the Revolving Fund of the Army
Corps of Engineers, may be used to study, design or undertake
improvements or major repair of the Federal vessel,
McFARLAND, except for normal maintenance and repair necessary
to maintain the vessel McFARLAND's current operational
condition.
Sec. 103. The flood control project for Moorefield, West
Virginia, authorized by section 101(a)(25) of the Water
Resources Development Act of 1990 (Public Law 101-640, 104
Stat. 4610) is modified to authorize the Secretary of the
Army to construct the project at a total cost of $26,200,000,
with an estimated first Federal cost of $20,300,000 and an
estimated first non-Federal cost of $5,900,000.
Sec. 104. The project for navigation, Grays Landing Lock
and Dam, Monongahela River, Pennsylvania (Lock and Dam 7
Replacement), authorized by section 301(a) of the Water
Resources Development Act of 1986 (Public Law 99-662, 100
Stat. 4410) is modified to authorize the Secretary of the
Army to construct the project at a total cost of
$181,000,000, with an estimated first Federal cost of
$181,000,000.
Sec. 105. From the date of enactment of this Act, non-
structural flood control measures implemented under Section
202(a) of Public Law 96-367 shall prevent future losses that
would occur from a flood equal in magnitude to the April 1977
level by providing protection from the April 1977 level or
the 100-year frequency event, whichever is greater.
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Army, acting through the Chief of Engineers,
is authorized to reprogram, obligate and expend such
additional sums as are necessary to continue construction and
cover anticipated contract earnings of any water resources
project that received an appropriation or allowance for
construction in or through an appropriations Act or
resolution of the then-current fiscal year or the two fiscal
years immediately prior to that fiscal year, in order to
prevent the termination of a contract or the delay of
scheduled work.
Sec. 107. The Corps of Engineers is hereby directed to
complete the Charleston Riverfront (Haddad) Park Project,
West Virginia, as described in the design memorandum approved
November, 1992, on a 50-50 cost-share basis with the City.
The Corps of Engineers shall pay one-half of all costs for
settling contractor claims on the completed project and for
completing the wharf. The Federal portion of these costs
shall be obtained by reprogramming available Operations &
Maintenance funds. The project cost limitation in the Project
Cooperation Agreement shall be increased to reflect the
actual costs of the completed project.
Sec. 108. The flood control project for Arkansas City,
Kansas authorized by section 401(a) of the Water Resources
Development Act of 1986 (Public Law 99-662, 100 Stat. 4116)
is modified to authorize the Secretary of the Army to
construct the project at a total cost of $38,500,000, with an
estimated first Federal cost of $28,100,000 and an estimated
first non-Federal cost of $10,400,000.
Sec. 109. Funds previously provided under the Fiscal Year
1993 Energy and Water Development Act, Public Law 102-377,
for the Elk Creek Dam, Oregon project, are hereby made
available to plan and implement long term management measures
at Elk Creek Dam to maintain the project in an uncompleted
state and to take necessary steps to provide passive fish
passage through the project.
Sec. 110. The Secretary of the Army is authorized and
directed to modify the project for the Hudson River, New
York, New York City to Waterford, authorized by the Act of
June 25, 1910 (Public Law 264, 61st Congress, 36 Stat. 635),
to include design and construction of a 300-foot wide channel
to a depth of 24 feet (mean low water), extending from the
existing Federal channel in the vicinity of the Hudson City
Light to the north dock at Union Street, Athens, New York.
Sec. 111. Section 109(a) of Public Law 104-46 (109 Stat.
408) with regard to Prestonsburg, Kentucky, is amended by
striking ``Modification No. 2'' and inserting ``Modification
No. 3''.
Sec. 112. The emergency gate construction project for
Abiquiu Dam, New Mexico, authorized by section 1112 of the
Water Resources Development Act of 1986 (Public Law 99-662,
100 stat. 4232) is modified to authorize the Secretary of the
Army, acting through the Chief of Engineers, to construct the
project at an estimated total cost of $7,000,000. The non-
Federal share of the project shall be 25 percent of those
costs of the project attributable to an increase in flood
protection as a result of the installation of such gates.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central Utah project completion account
For the purpose of carrying out provisions of the Central
Utah Project Completion Act, Public Law 102-575 (106 Stat.
4605), and for feasibility studies of alternatives to the
Uintah and Upalco Units, $42,527,000, to remain available
until expended, of which $16,700,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account:
Provided, That of the amounts deposited in to the Account,
$5,000,000 shall be considered the Federal contribution
authorized by paragraph 402(b)(2) of the Act and $11,700,000
shall be available to the Utah Reclamation Mitigation and
Conservation Commission to carry out activities authorized
under the Act.
In addition, for necessary expenses incurred in carrying
out responsibilities of the Secretary of the Interior under
the Act, $1,100,000, to remain available until expended.
Bureau of Reclamation
For carrying out the functions of the Bureau of Reclamation
as provided in the Federal reclamation laws (Act of June 17,
1902, 32 Stat. 388, and Acts amendatory thereof or
supplementary thereto) and other Acts applicable to that
Bureau as follows:
general investigations
For engineering and economic investigations of proposed
Federal reclamation projects and studies of water
conservation and development plans and activities preliminary
to the reconstruction, rehabilitation and betterment,
financial adjustment, or extension of existing projects,
$16,650,000, to remain available until expended: Provided,
That of the total appropriated, the amount for program
activities which can be financed by the reclamation fund
shall be derived from that fund: Provided further, That funds
contributed by non-Federal entities for purposes similar to
this appropriation shall be available for expenditure for the
purposes for which contributed as though specifically
appropriated for said purposes, and such amounts shall remain
available until expended: Provided further, That of the total
appropriated, $250,000 shall be available to complete the
appraisal study and initiate preconstruction engineering and
design for the Del Norte County and Crescent City,
California, Wastewater Reclamation Project, and $250,000
shall be available to complete the appraisal study, and
initiate preconstruction engineering and design for the Fort
Bragg, California, Water Supply Project.
construction program
(including transfer of funds)
For construction and rehabilitation of projects and parts
thereof (including power transmission facilities for Bureau
of Reclamation use) and for other related activities as
authorized by law, $394,056,000, to remain available until
expended, of which $22,410,000 shall be available for
transfer to the Upper Colorado River Basin Fund authorized by
section 5 of the Act of April 11, 1956 (43 U.S.C. 620d), and
$58,740,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund authorized by section
403 of the Act of September 30, 1968 (43 U.S.C. 1543), and
such amounts as may be necessary shall be considered as
though advanced to the Colorado River Dam Fund for the
Boulder Canyon Project as authorized by the Act of December
21, 1928, as amended: Provided, That of the total
appropriated, the amount for program activities which can be
financed by the reclamation fund shall be derived from that
fund: Provided further, That transfers to the Upper Colorado
River Basin Fund and Lower Colorado River Basin Development
Fund may be increased or decreased by transfers within the
overall appropriation under this heading: Provided further,
That funds contributed by non-Federal entities for purposes
similar to this appropriation shall be available for
expenditures for the purposes for which contributed as though
specifically appropriated for said purposes, and such funds
shall remain available until expended: Provided further, That
all costs of the safety of dams modification work at Coolidge
Dam, San Carlos Irrigation Project, Arizona, performed under
the authority of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 506), as amended, are in addition to the amount
authorized in section 5 of said Act: Provided further, That
section 301 of Public Law 102-250, Reclamation States
Emergency Drought Relief Act of 1991, is amended by inserting
``1996, and 1997'' in lieu of ``and 1996'': Provided further,
That the amount authorized by section 210 of Public Law 100-
557 (102 Stat. 2791), is amended to $56,362,000 (October 1996
prices plus or minus
[[Page 2185]]
cost indexing), and funds are authorized to be appropriated
through the twelfth fiscal year after construction funds are
first made available.
Provided further, That utilizing funds appropriated for the
Tucson Aqueduct System Reliability Investigation, the Bureau
of Reclamation is directed to complete, by the end of fiscal
year 1997, the environmental impact statement being conducted
on the proposed surface reservoir. The Bureau of Reclamation
is further directed to work with the City of Tucson on any
outstanding issues related to the preferred alternative.
operation and maintenance
For operation and maintenance of reclamation projects or
parts thereof and other facilities, as authorized by law; and
for a soil and moisture conservation program on lands under
the jurisdiction of the Bureau of Reclamation, pursuant to
law, $267,876,000, to remain available until expended:
Provided, That of the total appropriated, the amount for
program activities which can be financed by the reclamation
fund shall be derived from that fund, and the amount for
program activities which can be derived from the special fee
account established pursuant to the Act of December 22, 1987
(16 U.S.C. 460l-6a, as amended), may be derived from that
fund: Provided further, That funds advanced by water users
for operation and maintenance of reclamation projects or
parts thereof shall be deposited to the credit of this
appropriation and may be expended for the same purpose and in
the same manner as sums appropriated herein may be expended,
and such advances shall remain available until expended:
Provided further, That revenues in the Upper Colorado River
Basin Fund shall be available for performing examination of
existing structures on participating projects of the Colorado
River Storage Project.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $12,290,000, to
remain available until expended, as authorized by the Small
Reclamation Projects Act of August 6, 1956, as amended (43
U.S.C. 422a-422l); Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974; Provided
further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $37,000,000.
In addition, for administrative expenses necessary to carry
out the program for direct loans and/or grants, $425,000:
Provided, That of the total sums appropriated, the amount of
program activities which can be financed by the reclamation
fund shall be derived from the fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, such sums as may be
collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f) and
3406(c)(1) of Public Law 102-575, to remain available until
expended: Provided, That the Bureau of Reclamation is
directed to levy additional mitigation and restoration
payments totaling $30,000,000 (October 1992 price levels) on
a three-year rolling average basis, as authorized by section
3407(d) of Public Law 102-575.
general administrative expenses
For necessary expenses of general administration and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$46,000,000 to be derived from the reclamation fund and to be
nonreimbursable pursuant to the Act of April 19, 1945 (43
U.S.C. 377): Provided, That no part of any other
appropriation in this Act shall be available for activities
or functions budgeted for the current fiscal year as general
administrative expenses.
special funds
(transfer of funds)
Sums herein referred to as being derived from the
reclamation fund or special fee account are appropriate from
the special funds in the Treasury created by the Act of June
17, 1902 (43 U.S.C. 391) or the Act of December 22, 1987 (16
U.S.C. 460l-6a, as amended), respectively. Such sums shall be
transferred, upon request of the Secretary, to be merged with
and expended under the heads herein specified.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 6 passenger motor
vehicles for replacement only.
TITLE III
DEPARTMENT OF ENERGY
Energy Programs
energy supply, research and development activities
For expense of the Department of Energy activities
including the purchase, construction and acquisition of plant
and capital equipment and other expenses necessary for energy
supply, research and development activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101, et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
purchase of passager motor vehicles (not to exceed 24 for
replacement only), $2,710,908,000, to remain available until
expended.
uranium supply and enrichment activities
For expenses of the Department of Energy in connection with
operating expenses; the purchase, construction, and
acquisition of plant and capital equipment and other expenses
necessary for uranium supply and enrichment activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.) and the Energy
Policy Act (Public Law 102-486, section 901), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion; purchase of electricity as necessary; and the
purchase of passenger motor vehicles (not to exceed 3 for
replacement only); $43,200,000, to remain available until
expended: Provided, That revenues received by the Department
for uranium programs and estimated to total $42,200,000 in
fiscal year 1997 shall be retained and used for the specific
purpose of offsetting costs incurred by the Department for
such activities notwithstanding the provisions of 31 U.S.C.
330-2(b) and 42 U.S.C. 2296(b)(2): Provided further, That the
sum herein appropriated shall be reduced as revenues are
received during fiscal year 1997 so as to result in a final
fiscal year 1997 appropriation from the General Fund
estimated at not more than $1,000,000.
Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C.
2201k) with respect to the Paducah Gaseous Diffusion Plant,
Kentucky, and the Portsmouth Gaseous Diffusion Plant, Ohio,
the guidelines shall require, at a minimum, the presence of
an adequate number of security guards carrying side arms at
all times to ensure maintenance of security at the gaseous
diffusion plants.
Section 311(b) of the USEC Privatization Act (Public Law
104-134, title III, chapter 1, subchapter A) insert the
following:
``(3) The Corporation shall pay to the Thrift Savings Fund
such employee and agency contributions as are required or
authorized by section 8432 and 8351 of title 5, United States
Code, for employees who elect to retain their coverage under
CSRS or FERS pursuant to paragraph (1).''.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning remedial actions
and other activities of title II of the Atomic Energy Act of
1954 and title X, subtitle A of the Energy Policy Act of
1992, $200,200,000, to be derived from the Fund, to remain
available until expended: Provided, That $34,000,000 of
amounts derived from the Fund for such expenses shall be
available in accordance with title X, subtitle A, of the
Energy Policy Act of 1992.
GENERAL SCIENCE AND RESEARCH ACTIVITIES
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of plant
and capital equipment and other expenses necessary for
general science and research activities in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101, et seq.), including the acquisition or
condemnation of any real property of facility or for plant or
facility acquisition, construction, or expansion,
$996,000,000, to remain available until expended.
NUCLEAR WASTE DISPOSAL FUND
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $182,000,000 to remain available until expended,
to be derived from the Nuclear Waste Fund: Provided, That
none of the funds provided herein shall be distributed to the
State of Nevada or affected units of local government (as
defined by Public Law 97-425) by direct payment, grant, or
other means, for financial assistance under section 116 of
the Nuclear Waste Policy Act of 1982, as amended: Provided
further, That the foregoing proviso shall not apply to
payments in lieu of taxes under section 116(c)(3)(A) of the
Nuclear Waste Policy Act of 1982, as amended no later than
September 30, 1998, the Secretary shall provide to the
President and to the Congress a viability assessment of the
Yucca Mountain site. The viability assessment shall include:
(1) the preliminary design concept for the critical
elements for the repository and waste package;
(2) a total system performance assessment, based upon the
design concept and the scientific data and analysis available
by September 30, 1998, describing the probable behavior of
the repository in the Yucca Mountain geological setting
relative to the overall system performance standards;
(3) a plan and cost estimate for the remaining work
required to complete a license application; and
(4) an estimate of the costs to construct and operate the
repository in accordance with the design concept.
departmental administration
For salaries and expenses of the Department of Energy
necessary for Departmental Administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101, et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
(not to exceed $35,000), $215,021,000, to remain available
until expended, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511, et seq.): Provided, That such increases
in cost of work are offset by revenue in
[[Page 2186]]
creases of the same or greater amount, to remain available
until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total
$125,388,000 in fiscal year 1997 may be retained and used for
operating expenses within this account, and may remain
available until expended, as authorized by section 201 of
Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous
revenues received during fiscal year 1997 so as to result in
a final fiscal year 1997 appropriation from the General Fund
estimated at not more than $89,633,000.
office of the inspector general
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $23,853,000, to remain
available until expended.
atomic energy defense activities
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101, et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion; and the purchase of
passenger motor vehicles (not to exceed 94 for replacement
only), $3,911,198,000, to remain available until expended.
defense environmental restoration and waste management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental restoration and waste management activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101, et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion; and the purchase of passenger motor vehicles
(not to exceed 20, of which 19 are for replacement only),
$5,459,304,000, to remain available until expended and, in
addition, $160,000,000 for privatization initiatives, to
remain available until expended.
other defense activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense, other
defense activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101, et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
passenger motor vehicles (not to exceed 2 for replacement
only), $1,605,733,000, to remain available until expended.
defense nuclear waste disposal
For nuclear waste disposal activities to carry out the
purposes of Public Law 97-425, as amended, including the
acquisition of real property or facility construction or
expansion, $200,000,000, to remain available until expended.
Power Marketing Administrations
operation and maintenance, alaska power administration
For necessary expenses of operation and maintenance of
projects in Alaska and of marketing electric power and
energy, $4,000,000, to remain available until expended.
bonneville power administration fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
official reception and representation expenses in an amount
not to exceed $3,000.
During fiscal year 1997, no new direct loan obligations may
be made.
opertion and maintenance, southeastern power administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy pursuant to the provisions of section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $16,359,000 to remain available
until expended.
operation and maintenance, southwestern power administration
For necessary expenses of operation and maintenance of
power transmission facilities and of marketing electric power
and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southwestern power area, $25,210,000, to remain available
until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, not to exceed $3,787,000 in
reimbursements, to remain available until expended.
construction, rehabilitation, operation and maintenance western area
power administration
(including transfer of funds)
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7101, et seq.), and other related activities including
conservation and renewable resources programs as authorized,
including official reception and representation expenses in
an amount not to exceed $1,500 $193,582,000, to remain
available until expended, of which $185,687,000 shall be
derived from the Department of the Interior Reclamation Fund:
Provided, That of the amount herein appropriated, $5,432,000
is for deposit into the Utah Reclamation Mitigation and
Conservation Account pursuant to title IV of the Reclamation
Projects Authorization and Adjustment Act of 1992: Provided
further, That the Secretary of the Treasury is authorized to
transfer from the Colorado River Dam Fund to the Western Area
Power Administration $3,774,000 to carry out the power
marketing and transmission activities of the Boulder Canyon
project as provided in section 104(a)(4) of the Hoover Power
Plant Act of 1984, to remain available until expended.
falcon and amistad operating and maintenance fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$970,000 to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 423 of the Foreign Relations Authorization Act,
fiscal years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101, et seq.), including
services as authorized by 5 U.S.C. 3109, the hire of
passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $146,290,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed
$146,290,000 of revenues from fees and annual charges, and
other services and collections in fiscal year 1997 shall be
retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as revenues are
received during fiscal year 1997 so as to result in a final
fiscal year 1997 appropriation from the General Fund
estimated at not more than $0.
General Provisions
SEC. 301. PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND
COUNSELING PROGRAMS FOR UNITED STATES
DEPARTMENT OF ENERGY EMPLOYEES AFFECTED BY A
REDUCTION IN FORCE.
(a) Definitions.--
(1) for the purposes of this section, the term ``agency''
means the United States Department of Energy.
(2) For the purposes of this section, the term ``eligible
employee'' means any employee of the agency who--
(A) is scheduled to be separated from service due to a
reduction in force under--
(i) regulations prescribed under section 3502 of title 5,
United States Code; or
(ii) procedures established under section 3595 of title 5,
United States Code; or
(B) is separated from service due to such a reduction in
force, but does not include--
(i) an employee separated from service for cause on charges
of misconduct or delinquency; or
(ii) an employee who, at the time of separation, meets the
age and service requirements for an immediate annuity under
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code.
(b) Priority Placement and Retraining Program.--Not later
than 30 days after the date of the enactment of this Act, the
United States Department of Energy shall establish an agency-
wide priority placement and retraining program for eligible
employees.
(c) The priority placement program established under
subsection (b) shall include provisions under which a vacant
position shall not be filled by the appointment or transfer
of any individual from outside of the agency if--
(1) there is then available any eligible employee who
applies for the position within 30 days of the agency issuing
a job announcement and is qualified (or can be trained or
retrained to become qualified within 90 days of assuming the
position) for the position; and
(2) the position is within the same commuting area as the
eligible employee's last-held position or residence.
(d) Job Placement and Counseling Services.--The head of the
agency may establish a program to provide job placement and
counseling services to eligible employees.
(1) Types of services.--A program established under
subsection (d) may include, but is not limited to, such
services as--
(A) career and personal counseling;
(B) training and job search skills; and
(C) job placement assistance, including assistance provided
through cooperative arrangements with State and local
employment services offices.
Sec. 302. None of the funds appropriated by this or any
other Act may be used to implement section 3140 of H.R. 3230
as reported by the Committee of Conference on July 30, 1996.
The Secretary of Energy shall develop a plan to reorganize
the field activities and management of the national security
functions of the Department of Energy and shall
[[Page 2187]]
submit such plan to the Congress not later than 120 days
after the date of enactment of this Act. The plan will
specifically identify all significant functions performed by
the Department's national security operations and area
offices and make recommendations as to where those functions
should be performed.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, notwithstanding section 405 of said Act, and for
necessary expenses for the Federal Co-Chairman and the
alternate on the Appalachian Regional Commission and for
payment of the Federal share of the administrative expenses
of the Commission, including services as authorized by 5
U.S.C. 3109, and hire of passenger motor vehicles,
$160,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $16,000,000, to remain available until
expended.
Nuclear Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Act of 1954, as amended, including
the employment of aliens; services authorized by 5 U.S.C.
3109; publication and dissemination of atomic information;
purchase, repair, and cleaning of uniforms; official
representation expenses (not to exceed $20,000);
reimbursements to the General Services Administration for
security guard services; hire of passenger motor vehicles and
aircraft, $471,800,000, to remain available until expended:
Provided, That of the amount appropriated herein, $11,000,000
shall be derived from the Nuclear Waste Fund: Provided
further, That from this appropriation, transfer of sums may
be made to other agencies of the Government for the
performance of the work for which this appropriation is made,
and in such cases the sums so transferred may be merged with
the appropriation to which transferred: Provided further,
That moneys received by the Commission for the cooperative
nuclear safety research program, services rendered to foreign
governments and international organizations, and the material
and information access authorization programs, including
criminal history checks under section 149 of the Atomic
Energy Act may be retained and sued for salaries and expenses
associated with those activities, notwithstanding 31 U.S.C.
3302, and shall remain available until expended: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$457,300,000 in fiscal year 1997 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the funds herein
appropriated for regulatory reviews and other activities
pertaining to waste stored at the Hanford site, Washington,
shall be excluded from license fee revenues, notwithstanding
42 U.S.C. 2214: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 1997 from licensing fees,
inspection services and other services and collections,
excluding those moneys received for the cooperative nuclear
safety research program, services rendered to foreign
governments and international organizations, and the material
and information access authorization programs, so as to
result in a final fiscal year 1997 appropriation estimated at
not more than $14,500,000.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, including services authorized by 5
U.S.C. 3109, $5,000,000, to remain available until expended;
and in addition, an amount not to exceed 5 percent of this
sum may be transferred from Salaries and Expenses, Nuclear
Regulatory Commission: Provided, That notice of such
transfers shall be given to the Committees on Appropriations
of the House and Senate: Provided further, That from this
appropriation, transfers of sums may be made to other
agencies of the Government for the performance of the work
for which this appropriation is made, and in such cases the
sums so transferred may be merged with the appropriation to
which transferred: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 1997 from
licensing fees, inspection services, and other services and
collections, so as to result in a final fiscal year 1997
appropriation estimated at not more than $0.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $2,531,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.
Tennessee Valley Authority
For the purpose of carrying out the provisions of the
Tennessee Valley Authority Act of 1933, as amended (16 U.S.C.
ch. 12A), including hire, maintenance, and operation of
aircraft, and purchase and hire of passenger motor vehicles,
$106,000,000, to remain available until expended: Provided,
That of the funds provided herein, $15,000,000 shall be made
available for the Environmental Research Center in Muscle
Shoals, Alabama: Provided further, That of the funds provided
herein, $6,000,000 shall be made available for operation,
maintenance, improvement, and surveillance of Land Between
the Lakes: Provided further, That of the amount provided
herein, $15,000,000 shall be available for Economic
Development activities: Provided further, that none of the
funds provided herein, shall be available for detailed
engineering and design or constructing a replacement for
Chickamauga Lock and Dam on the Tennessee River System.
TITLE V
General Provisions
Sec. 501. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 502. 42 U.S.C. 7262 is repealed.
Sec. 503. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
Reclamation law.
Sec. 504. None of the funds made available in this Act may
be used to revise the Missouri River Master Water Control
Manual when it is made known to the Federal entity or
official to which the funds are made available that such
revision provides for an increase in the springtime water
release program during the spring heavy rainfall and snow
melt period in States that have rivers draining into the
Missouri River below the Gavins Point Dam.
Sec. 505. Public Law 101-514, the Energy and Water
Development Appropriations Act, 1991, is amended effective
September 30, 1997 or upon operation of the temperature
control device, by striking the proviso under the heading
``Construction, Rehabilitation, Operations and Maintenance,
Western Area Power Administration''.
Sec. 506. The Secretary of the Interior shall extend the
water service contracts for the following projects, entered
into by the Secretary of the Interior under subsection (e) of
section 9 of the Reclamation Project Act of 1939 (43 U.S.C.
485h) and section 9(c) of the Act of December 22, 1944 (58
Stat. 891, chapter 665), for a period of 1 additional year
after the dates on which each of the contracts, respectively,
would expire but for this section:
(1) The Bostwick District (Kansas portion), Missouri River
Basin Project, consisting of the project constructed and
operated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Republic County, Jewell County, and
Cloud County, Kansas.
(2) The Bostwick District (Nebraska portion), Missouri
River Basin Project, consisting of the project constructed
and oper
[[Page 2188]]
ated under the Act of December 22, 1944 (58 Stat. 887,
chapter 665), as a component of the Pick-Sloan Missouri Basin
Program, situated in Harlan County, Franklin County, Webster
County, and Nuckolls County, Nebraska.
(3) The Frenchman-Cambridge District, Misouri River Basin
Project, consisting of the project constructed and operated
under the Act of December 22, 1944 (58 Stat. 887, chapter
665), as a component of the Pick-Sloan Missouri Basin
Program, siutated in Chase County, Frontier County, Hitchcock
County, Furnas County, and Harlan County, Nebraska.
Sec. 507. Funds made available by this Act to the
Department of Energy shall be available only for the purposes
for which they have been made available by this Act. The
Department of Energy shall report by February 28, 1997 to the
Committees on Appropriations of the House and Senate of the
Department of Energy's adherence to the recommendation
included in the accompanying report
Sec. 508. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this Act may be
provided by contract or by grant (including a grant of funds
to be available for student aid) to a subelement of an
institution of higher education when it is made known to the
Federal official having authority to obligate or expend such
funds that the subelement of such institution has a policy or
practice (regardless of when implemented) that prohibits, or
in effect prevents--
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the subelement of such
institution; or
(2) a student at the institution (or subelement) from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 509. (a) Denial of Funds for Preventing Federal
Military Recruiting on Campus.--None of the funds made
available in this Act may be provided by contract or grant
(including a grant of funds to be available for student aid)
to a subelement of an institution of higher education when it
is made known to the Federal official having authority to
obligate or expend such funds that the subelement of such
institution has a policy or practice (regardless of when
implemented) that prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to
students (who are 17 years of age or older) for purposes of
Federal military recruiting: student names, addresses,
telephone listings, dates and places of birth, levels of
education, degrees received, prior military experience, and
the most recent previous educational institutions enrolled in
by the students.
(b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 510. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 511. The Administrator may offer employees voluntary
separation incentives as deemed necessary which shall not
exceed $25,000. Recipients who accept employment with the
United States within five years after separation shall repay
the entire amount to the Bonneville Power Administration.
This authority shall expire September 30, 2000.
Sec. 512. Following section 4(h)(10(C) of the Northwest
Power Planning and Conservation Act, insert the following new
section:
(4)(h)(10)(D) Independent Scientific Review Panel.--(i) The
Northwest Power Planning Council (Council) shall appoint an
Independent Scientific Review Panel (Panel), which shall be
comprised of eleven members, to review projects proposed to
be funded through that portion of the Bonneville Power
Administration's (BPA) annual fish and wildlife budget that
implements the Council's fish and wildlife program. Members
shall be appointed from a list of no fewer than 20 scientists
submitted by the National Academy of Sciences (Academy),
provided that Pacific Northwest scientists with expertise in
Columbia River anadromous and non-anadromous fish and
wildlife and ocean experts shall be among those represented
on the Panel. The Academy shall provide such nominations
within 90 days of the date of this enactment, and in any case
not later than December 31, 1996. If appointments are
required in subsequent years, the Council shall request
nominations from the Academy and the Academy shall provide
nominations not later than 90 days after the date of this
request. If the Academy does not provide nominations within
these time requirements, the Council may appoint such members
as the Council deems appropriate.
(ii) Scientific Peer Review Groups.--The Council shall
establish Scientific Peer Review Groups (Peer Review Groups),
which shall be comprised of the appropriate number of
scientists, from a list submitted to the Academy to assist
the Panel in making its recommendations to the Council for
projects to be funded through BPA's annual fish and wildlife
budget, provided that Pacific Northwest scientists with
expertise in Columbia River anadromous and non-anadromous
fish and wildlife and ocean experts shall be among those
represented on the Peer Review Groups. The Academy shall
provide such nominations within 90 days of the date of this
enactment, and in any case not later than December 31, 1996.
If appointments are required in subsequent years, the Council
shall request nominations from the Academy and the Academy
shall provide nominations not later than 90 days after the
date of this request. If the Academy does not provide
nominations within these time requirements, the Council may
appoint such members as the Council deems appropriate.
(iii) Conflict of Interest and Compensation.--Panel and
Peer Review Group members may be compensated and shall be
considered subject to the conflict of interest standards that
apply to scientists performing comparable work for the
National Academy of Sciences; provided that a Panel or Peer
Review Group members with a direct or indirect financial
interest in a project, or projects, shall recuse him or
herself from review of, or recommendations associated with,
such project or projects. All expenses of the Panel and the
Peer Review Groups shall be paid by BPA as provided for under
paragraph (vii). Neither the Panel nor the Peer Review Groups
shall be deemed advisory committees within the meaning of the
Federal Advisory Committee Act.
(iv) Project Criteria and Review.--The Peer Review Groups,
in conjunction with the Panel, shall review projects proposed
to be funded through BPA's annual fish and wildlife budget
and make recommendations on matters related to such projects
to the Council no later than June 15 of each year. If the
recommendations are not received by the Council by this date,
the Council may proceed to make final recommendations on
project funding to BPA, relying on the best information
available. The Panel and Peer Review Groups shall review a
sufficient number of projects to adequately ensure that the
list of prioritized projects recommended is consistent with
the Council's program. Project recommendations shall be based
on a determination that projects: are based on sound science
principles; benefit fish and wildlife; and have a clearly
defined objective and outcome with provisions for monitoring
and evaulation of results. The Panel, with assistance from
the Peer Review Groups, shall review, on an annual basis, the
results of prior year expenditures based upon these criteria
and submit its findings to the Council for its review.
(v) Public Review.--Upon completion of the review of
projects to be funded through BPA's annual fish and wildlife
budget, the Peer Review Groups shall submit its findings to
the Panel. The Panel shall analyze the information submitted
by the Peer Review Groups and submit recommendations on
project priorities to the Council. The Council shall make the
Panel's findings available to the public and subject to
public comment.
(vi) Responsibilities of the Council.--The Council shall
fully consider the recommendations of the Panel when making
its final recommendations of projects to be funded through
BPA's annual fish and wildlife budget, and if the Council
does not incorporate a recommendation of the Panel, the
Council shall explain in writing its reasons for not
accepting Panel recommendations. In making its
recommendations to BPA, the Council shall: consider the
impact of ocean conditions on fish and wildlife populations;
and shall determine whether the projects employ cost
effective measures to achieve program objectives. The
Council, after consideration of the recommendations of the
Panel and other appropriate entities, shall be responsible
for making the final recommendations of projects to be funded
through BPA's annual fish and wildlife budget.
(vii) Cost Limitation.--The cost of this provision shall
not exceed $2,000,000 in 1997 dollars.
(viii) Expiration.--This paragraph shall expire on
September 30, 2000.
designation of jim Chapman lake
Sec. 513. Cooper Lake, located on the Sulphur River near
Cooper, Texas, is named and designated as the ``Jim Chapman
Lake''. Any reference in a law, map, regulation, document, or
record of the United States to such lake shall be held to be
a reference to the ``Jim Chapman Lake''.
[[Page 2189]]
designation of william l. jess dam and intake structure
Sec. 514. The dam located at mile 158.6 on the Rogue River
in Jackson County, Oregon, and commonly known as the Lost
Creek Dam Lake Project, shall be known and designated as the
``William L. Jess Dam and Intake Structure''. Any reference
in a law, map, regulation, document, paper, or other record
of the United States to the dam referred to as Lost Creek Dam
Lake Project, shall be deemed to be a reference to the
``William L. Jess Dam and Intake Structure''.
designation of j. bennett johnston waterway
Sec. 515. The portion of the Red River, Louisiana, from new
river mile 0 to new river mile 235 shall be known and
designated as the ``J. Bennett Johnston Waterway''. Any
reference in a law, map, regulation, document, paper, or
other record of the United States to such portion of the Red
River shall be deemed to be a reference to the ``J. Bennett
Johnston Waterway''.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 1997''.
And the Senate agree to the same.
John T. Myers,
Harold Rogers,
Joe Knollenberg,
Frank Riggs,
Rodney P. Frelinghuysen,
Jim Bunn,
Mike Parker,
Bob Livingston,
Tom Bevill,
Vic Fazio,
Jim Chapman,
Peter J. Visclosky,
Managers on the Part of the House.
Pete V. Domenici,
Mark O. Hatfield,
Thad Cochran,
Slade Gorton,
Mitch McConnell,
Robert F. Bennett,
Conrad Burns,
J. Bennett Johnston,
Robert C. Byrd,
Fritz Hollings,
Harry Reid,
J. Robert Kerrey,
Patty Murray,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. OBEY moved to recommit the conference report on H.R. 3816, to the
committee of conference.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that the nays had
it.
So the motion to recommit was not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
383
<3-line {>
affirmative
Nays
29
para.106.16 [Roll No. 413]
YEAS--383
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Regula
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Seastrand
Serrano
Shadegg
Shaw
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stenholm
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NAYS--29
Burton
Chabot
Cooley
Davis
DeFazio
Ensign
Gekas
Hilleary
Holden
Johnson, Sam
Johnston
Klug
McHale
Moran
Morella
Neumann
Obey
Oxley
Petri
Ramstad
Reed
Roemer
Royce
Sanford
Schroeder
Sensenbrenner
Shays
Stearns
Stockman
NOT VOTING--21
Bass
Brown (CA)
Bryant (TX)
Clay
Clinger
de la Garza
Dooley
Flake
Ganske
Hayes
Heineman
Lincoln
McNulty
Meyers
Payne (NJ)
Richardson
Ros-Lehtinen
Scott
Smith (TX)
Stokes
Zeliff
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.106.17 m-f-n treatment for cambodia
On motion of Mr. CRANE, by unanimous consent, the bill (H.R. 1642) to
extend nondiscriminatory treatment (most-favored-nation treatment) to
the products of Cambodia, and for other purposes; together with the
following amendment of the Senate thereto, was taken from the Speaker's
table:
Strike out all after the enacting clause and insert:
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) despite recent increases in acts of repression by the
Cambodian Government and growing government corruption that
has contributed to substantial environmental degradation,
Cambodia has made some progress towards democratic rule after
20 years of undemocratic regimes and civil war,
[[Page 2190]]
and is striving to rebuild its market economy;
(2) extension of unconditional most-favored-nation
treatment would assist Cambodia in developing its economy
based on free market principles and becoming competitive in
the global marketplace;
(3) establishing normal commercial relations on a
reciprocal basis with Cambodia will promote United States
exports to the rapidly growing Southeast Asian region and
expand opportunities for United States business and
investment in the Cambodian economy; and
(4) expanding bilateral trade relations that includes a
commercial agreement may promote further progress by Cambodia
on human rights and democratic rule and assist Cambodia in
adopting regional and world trading rules and principles.
SEC. 2. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE
PRODUCTS OF CAMBODIA.
(a) Harmonized Tariff Schedule Amendment.--General note
3(b) of theHarmonized Tariff Schedule of the United States is
amended by striking ``Kampuchea''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the effective date of
a notice published in the Federal Register by the United
States Trade Representative that a trade agreement obligating
reciprocal most-favored-nation treatment between Cambodia and
the United States has entered into force.
SEC. 3. REPORT TO CONGRESS.
The President shall submit to the Congress, not later than
18 months after the date of the enactment of this Act, a
report on the trade relations between the United States and
Cambodia pursuant to the trade agreement described in section
2(b).
On motion of Mr. CRANE, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.106.18 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, September 16, 1996, at 12 o'clock noon.
para.106.19 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Monday, September 16, 1996,
it adjourn to meet at 12:30 p.m. on Tuesday, September 17, 1996.
para.106.20 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
September 18, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.106.21 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, a bill of the House of the following title:
On September 11, 1996:
H.R. 4018. An Act to make technical corrections in the
Federal Oil and Gas Royalty Management Act of 1982.
para.106.22 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for September 11;
To Mr. CLINGER, for today;
To Mr. SCOTT, for today; and
To Mr. McNULTY, for today.
And then,
para.106.23 adjournment
On motion of Mr. PALLONE, pursuant to the special order heretofore
agreed to, at 2 o'clock and 48 minutes p.m., the House adjourned until
12 o'clock noon on Monday, September 16, 1996.
para.106.24 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. MYERS: Committee of conference. Conference report on
H.R. 3816. A bill making appropriations for energy and water
development for the fiscal year ending September 30, 1997,
and for other purposes (Rept. No. 104-782). Ordered to be
printed.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. H.R. 3876. A bill to amend the Juvenile
Justice and Delinquency Prevention Act of 1974 to authorize
appropriations for fiscal years 1997, 1998, 1999, 2000; and
for other purposes; with an amendment (Rept. No. 104-783).
Referred to the Committee of the WholeHouse on the State of
the Union.
Mr. MOORHEAD: Committee on the Judiciary. H.R. 3460. A bill
to establish the Patent and Trademark Office as a Government
corporation, and for other purposes; with an amendment (Rept.
No. 104-784). Referred to the Committee of the WholeHouse on
the State of the Union.
para.106.25 time limitation of referred bill
Pursuant to clause 5 of rule X, the following action was taken by the
Speaker:
H.R. 2740. Referral to the Committee on Commerce extended
for a period ending not later than September 20, 1996.
para.106.26 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BILBRAY (for himself, Mr. Doolittle, Mr. Herger,
Mr. Moorhead, Mr. Riggs, Mr. Bono, Mr. Packard, Mr.
McKeon, Mrs. Seastrand, Mr. Hunter, Mr. Baker of
California, Mr. Calvert, and Mr. Dreier):
H.R. 4062. A bill to authorize appropriations to reimburse
States for costs of educating certain illegal alien students;
to the Committee on Economic and Educational Opportunities.
By Mr. LAZIO of New York (for himself and Mr. Baker of
Louisiana):
H.R. 4063. A bill to provide for adjustments to the
conforming loan limits for the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation
and to the maximum mortgage limit for the single family
mortgage insurance program of the Department of Housing and
Urban Development that more accurately reflect the changes in
housing costs, and for other purposes; to the Committee on
Banking and Financial Services.
By Mr. KLINK (for himself and Mr. Doyle):
H.R. 4064. A bill to amend the Department of Housing and
Urban Development Act to provide for the Secretary of Housing
and Urban Development to notify and consult with the unit of
general local government within which an assisted multifamily
housing project is to be located before providing any low-
income housing assistance for the project; to the Committee
on Banking and Financial Services.
By Mr. GEPHARDT (for himself, Ms. Pelosi, Mr. Bonior,
Mr. Brown of Ohio, Mr. Pallone, Mr. Lipinski, Mr.
Stark, Mr. Miller of California, Mr. DeFazio, Ms.
Kaptur, Mr. Lantos, Mr. Spratt, Mr. Payne of New
Jersey, Mr. Markey, and Mr. Lewis of Georgia):
H.R. 4065. A bill to require prior congressional approval
before the President supports the admission of the People's
Republic of China into the World Trade Organization, and to
provide for the withdrawal of the United States from the
World Trade Organization if China is accepted into the WTO
without the support of the United States; to the Committee on
Ways and Means, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. BAKER of California:
H.R. 4066. A bill to direct the Secretary of the Navy to
transfer the U.S.S. Missouri (BB-63) to the U.S.S. Missouri
Allied Forces Memorial, San Francisco, CA; to the Committee
on National Security.
By Mr. GALLEGLY (for himself, Mr. Young of Alaska, Mr.
Underwood, Mr. Faleomavaega, and Mr. Kildee):
H.R. 4067. A bill to provide for representation of the
Northern Mariana Islands by a nonvoting Delegate in theHouse
of Representatives; to the Committee on Resources.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Spence,
Mr. Evans, Mr. Everett, Mr. Edwards, Mr. Buyer, Mr.
Tejeda, and Mr. Hefley):
H.R. 4068. A bill to establish a demonstration project to
provide that the Department of Veterans Affairs may receive
Medicare reimbursement for health care services provided to
certain Medicare-eligible veterans; to the Committee on
Veterans' Affairs, and in addition to the Committees on
Commerce, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BENTSEN:
H.R. 4069. A bill to amend the Social Security Act to
establish the teaching hospital and graduate medical
education trust fund, and for other purposes; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
[[Page 2191]]
By Mr. GORDON (for himself, Mr. Bryant of Tennessee,
Mr. Clement, Mr. Duncan, Mr. Ford, Mr. Hilleary, Mr.
Quillen, Mr. Tanner, and Mr. Wamp):
H.R. 4070. A bill to designate the Federal building located
in Cookeville, TN, as the ``L. Clure Morton United States
Post Office and Courthouse''; to the Committee on
Transportation and Infrastructure.
By Mrs. JOHNSON of Connecticut:
H.R. 4071. A bill to amend the small Business Act to assist
the development of small business concerns owned and
controlled by women, and for other purposes; to the Committee
on Small Business.
By Mr. NETHERCUTT (for himself, Mr. Roberts, and Mr.
Hastings of Washington):
H.R. 4072. A bill to amend the Internal Revenue Code of
1986 to provide that the alternative minimum tax shall not
apply to installment sales of farm property; to the Committee
on Ways and Means.
By Mr. PORTMAN (for himself, Mr. Chabot, Mr. Stokes,
Mr. Regula, Mr. Jefferson, Mr. Cremeans, Mr. Bunning
of Kentucky, Mr. Torricelli, Mr. Hobson, Mr.
LaTourette, Mr. Hoke, Mr. Kasich, Mr. Sawyer, Mr.
Hall of Ohio, Mr. Watts of Oklahoma, Mr. Boehner, Ms.
Pryce, Mr. Traficant, Mr. Ney, Mr. Oxley, Mr. Jacobs,
Mr. Zimmer, Mr. Lipinski, Mr. Evans, and Mr. Towns):
H.R. 4073. A bill to authorize the National Park Service to
coordinate programs with, provide technical assistance to,
and enter into cooperative agreements with, the National
Underground Railroad Freedom Center in Cincinnati, OH, and
for other purposes; to the Committee on Resources.
By Mr. REED:
H.R. 4074. A bill to require that jewelry imported from
another country be indelibly marked with the country of
origin; to the Committee on Ways and Means.
By Mr. STARK:
H.R. 4075. A bill to amend the Internal Revenue Code of
1986 and title XVIII of the Social Security Act to establish
a program of assistance for essential community providers of
health care services, to establish a program to update and
maintain the infrastructure requirements of safety net
hospitals, and to require States to develop plans for the
allocation and review of expenditures for the capital-related
costs of health care services; to the Committee on Ways and
Means, and in addition to the Committee on Commerce, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WILLIAMS:
H.R. 4076. A bill to establish a commission to make
recommendations on the appropriate size of membership of
theHouse of Representatives and the method by which
Representatives are elected; to the Committee on the
Judiciary.
By Mr. YOUNG of Alaska (for himself and Mr. Brewster):
H.R. 4077. A bill to clarify hunting prohibitions and
provide for wildlife habitat under the Migratory Bird Treaty
Act; to the Committee on Resources.
By Mr. BEREUTER (for himself and Mr. Berman):
H. Con. Res. 213. Concurrent resolution concerning the
urgent need to improve the living standards of those South
Asians living in the Ganges and the Brahmaputra river basin;
to the Committee on International Relations, and in addition
to the Committee on Banking and Financial Services, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. SMITH of Washington:
H. Con. Res. 214. Concurrent resolution expressing the
sense of the Congress that a patient has certain rights
regarding medical care that should be protected by law; to
the Committee on Commerce.
By Mr. MILLER of California:
H. Res. 521. Resolution to express the sense of theHouse
regarding the outstanding achievements of NetDay96; to the
Committee on Economic and Educational Opportunities.
para.106.27 private bills and resolutions
Under clause 1 of rule XXII.
Mr. TAUZIN introduced a bill (H.R. 4078) to authorize the
Secretary of Transportation to issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the vessel Regent Rainbow; which was
referred to the Committee on Transportation and
Infrastructure.
para.106.28 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 43: Mr. Manton.
H.R. 218: Mr. Murtha, Mr. Borski, and Mr. Shadegg.
H.R. 878: Mr. Davis.
H.R. 972: Mr. Moakley.
H.R. 1023: Mr. Bilirakis.
H.R. 1961: Mr. Campbell.
H.R. 1711: Mr. Barr and Mr. Hastings of Washington.
H.R. 1805: Mr. Davis.
H.R. 2009: Ms. Norton, Mr. Evans, Ms. Brown of Florida,
Mrs. Calyton, Mr. Cummings, and Mr. Rangel.
H.R. 2011: Mr. Hutchinson and Mrs. Myrick.
H.R. 2416: Mr. Fattah, Mr. Cunningham, and Mr. Castle.
H.R. 2757: Mr. Saxton, Mr. Souder, and Mr. McHugh.
H.R. 2930: Mr. Weldon Of Florida.
H.R. 3077: Mr. Smith of New Jersey and Mr. Rangel.
H.R. 3142: Ms. Harman.
H.R. 3187: Mr. Neal of Massachusetts, Mr. Baldacci, Mr.
Menendez, Mr. Frank of Massachusetts, and Mr. Bryant of
Texas.
H.R. 3199: Mr. Lewis of Kentucky.
H.R. 3217: Mr. Boehlert.
H.R. 3226: Mr. Jackson of Illinois, Mr. Nadler, and Mr.
Berman.
H.R. 3355: Mr. Mascara.
H.R. 3374: Mr. Matsui.
H.R. 3433: Mr. Dickey and Mr. Lipinski.
H.R. 3514: Mr. Barrett of Nebraska, Mr. Bachus, and Mr.
Dickey.
H.R. 3565: Mr. English of Pennsylvania.
H.R. 3609: Mr. Evans and Mrs. Lowey.
H.R. 3621: Mr. Torkildsen.
H.R. 3690: Mr. Coble, Mr. Combest, Mr. Hefley, Mr.
Livingston, Mr. McIntosh, and Mr. Bono.
H.R. 3691: Mr. Yates and Mr. Stark.
H.R. 3714: Mr. Hayworth, Mr. Peterson of Minnesota, and Mr.
Kanjorski.
H.R. 3775: Mr. Dickey and Mr. Shadegg.
H.R. 3798: Mr. Heineman.
H.R. 3839: Mr. Mascara, Mr. Skaggs, Mr. Clement, and Mr.
Hall of Ohio.
H.R. 3840: Mr. Camp, Mr. Weldon of Florida, Mr. Hoke, Mr.
Scarborough, and Mr. Coburn.
H.R. 3842: Mr. Kennedy of Massachusetts and Mrs. Morella.
H.R. 3849: Mr. Largent.
H.R. 3856: Mr. Traficant.
H.R. 3860: Mr. Hilliard, Mr. Dellums, Mr. Frazer, and Mr.
Conyers.
H.R. 3923: Mr. Dingell, Mr. Hall of Ohio, Mr. Meehan, and
Mr. Payne of Virginia.
H.R. 3937: Mr. Heineman.
H.R. 3939: Mr. Bachus.
H.R. 3959: Mr. Roemer.
H.R. 4000: Mr. Baldacci, Mr. Faleomavaega, Mr. Mascara, Mr.
Kennedy of Rhode Island, Mr. Ward, Mr. Meehan, and Mr.
Tanner.
H.R. 4027: Mr. Bereuter and Mr. Lipinski.
H.R. 4028: Mr. Ehlers.
H.R. 4039: Mr. Bentsen.
H.R. 4047: Mr. Coburn, Ms. Pelosi, Mr. Borski, and Mr.
Bentsen.
H.R. 4052: Mr. Barrett of Wisconsin.
H.J. Res. 191: Mr. Fox.
H. Con. Res. 51: Mr. McIntosh.
H. Con. Res. 128: Mr. Hilliard, Mr. Leach, Mr. Browder, Mr.
English of Pennsylvania, Mr. Green of Texas, Mr. Filner, Mr.
Frost, Mr. Torricelli, Ms. Woolsey, Mr. Conyers, Mr. Bonior,
and Mr. Neal of Massachusetts.
H. Con. Res. 190: Mr. Cox.
H. Con. Res. 199: Mr. Reed.
H. Con. Res. 212: Mr. Torricelli.
.
MONDAY, SEPTEMBER 16, 1996 (107)
para.107.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. MILLER
of Florida, who laid before the House the following communication:
Washington, DC,
September 16, 1996.
I hereby designate the Honorable Dan Miller to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.107.2 approval of the journal
The SPEAKER pro tempore, Mr. MILLER of Florida, announced he had
examined and approved the Journal of the proceedings of Thursday,
September 12, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.107.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5112. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
United States Standards for Grades of Frozen Field Peas and
Frozen Black-Eye Peas [FV-95-329] received September 12,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5113. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
United States Standards for Grades of Frozen Okra [FV-95-328]
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5114. A letter from the Manager, Federal Crop Insurance
Corporation, Farm Service Agency, transmitting the Agency's
final rule--Common Crop Insurance Regulations; Arizona-
California Citrus Crop Insurance Provisions (7 CFR Part 457)
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5115. A letter from the Manager, Federal Crop Insurance
Corporation, Farm Service Agency, transmitting the Agency's
final rule--Common Crop Insurance Regulations; Texas Citrus
Crop Insurance Provisions (RIN: 0563-AB56) received September
12, 1996,
[[Page 2192]]
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5116. A letter from the Manager, Federal Crop Insurance
Corporation, Farm Service Agency, transmitting the Agency's
final rule--General Administrative Regulations; Federal Crop
Insurance Reform Act of 1994, Regulations for Implementation
(RIN: 0563-AB11) received September 12, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5117. A letter from the Manager, Federal Crop Insurance
Corporation, Farm Service Agency, transmitting the Agency's
final rule--Catastrophic Risk Protection Endorsement (RIN:
0563-AB09) received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5118. A letter from the Assistant to the Board, Board of
Governors of the Federal Reserve System, transmitting the
Board's final rule--Truth in Lending [Docket No. R-0927]
received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5119. A letter from the Legislative and Regulatory
Activities Division, Comptroller of the Currency,
transmitting the Comptroller's final rule--Community
Development Corporation and Project Investments and Other
Public Welfare Investments [Docket No. 96-21] (RIN: 1557-
AB46) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5120. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to India, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
5121. A letter from the Assistant Chief Counsel, Office of
Thrift Supervision, transmitting the Office's final rule--
Lending and Investment (RIN: 1550-AA94) received September
13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Banking and Financial Services.
5122. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's report on the final regulations for Student
Assistance General Provisions (Technical Amendments) received
September 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(B); to the
Committee on Economic and Educational Opportunities.
5123. A letter from the Secretary of Education,
transmitting final regulations--Student Assistance General
Provisions (Technical Amendments), pursuant to 20 U.S.C.
1232(f); to the Committee on Economic and Educational
Opportunities.
5124. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Lead State Implementation Plan for the State
of Florida [FRL-5609-3] received September 12, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5125. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Hazardous Waste
Management Program: Incorporation by Reference of Approved
State Hazardous Waste Program for New Mexico [FRL-5601-5]
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5126. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Approval
and Promulgation of State Implementation Plan for Colorado;
Denver Nonattainment Area PM10 for Contingency Measures [FRL-
5606-4] received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5127. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Interim Final
Determination That State Has Corrected a Deficiency Leading
to Sanctions; State of New York [FRL-5607-2] received
September 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5128. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Washington [FRL-5603-7]
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5129. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Farmington, Grass Valley,
Jackson, Linden, Placerville and Fair Oaks, California,
Carson City and Sun Valley, Nevada) [MM Docket No. 90-189,
RM-6904, RM-7114, RM-7186, RM-7415, RM-7298] received
September 13, 1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to
the Committee on Commerce.
5130. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Canton, Illinois and
Canton, Missouri) [MM Docket No. 96-32, RM-8719] received
September 13 1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to the
Committee on Commerce.
5131. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Chama, New Mexico) [MM
Docket No. 95-166, RM-8717] received September 13, 1996,
pursuant to 5 U.S.C. 801 (a)(1)(A); to the Committee on
Commerce.
5132. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Cross Hill, South
Carolina) [MM Docket No. 96-126, RM-8815] received September
13, 1996, pursuant to 5 U.S.C. 801 (a)(1)(A); to the
Committee on Commerce.
5133. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Oxford, Mississippi) [MM
Docket No. 96-93, RM-8788] received September 13, 1996,
purusant to 5 U.S.C. 801 (a)(1)(A); to the Committee on
Commerce.
5134. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Lakeview, Arkansas) [MM
Docket No. 95-96, RM-8645] received September 13, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5135. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Hayden and Meeker,
Colorado) [MM Docket No. 95-106, RM-8655, RM-8698] received
September 13, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5136. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Leavenworth, Othello and
East Wenatchee, Washington) [MM Docket No. 95-14, RM-8552]
received September 13, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5137. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Current
Good Manufacturing Practices for Blood and Blood Components;
Notification of Consignees Receiving Blood and Blood
Components at Increased Risk for Transmitting HIV Infection
(Food and Drug Administration) [Docket No. 91N-0152] (RIN:
0910-AA05) received September 11, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5138. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-79), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
5139. A letter from the Deputy Director, Office of
Personnel Management, transmitting the Office's final rule--
Prevailing Rate Systems; Abolishment of San Joaquin,
California, Nonappropriated Fund Wage Area (RIN: 3206-AH59)
received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
5140. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
5141. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting; Final
Rule on the Establishment of a Youth Waterfowl Hunting Day
for the 1996-97 Migratory Game Bird Hunting Season (RIN:
1018-AD69) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5142. A letter from the Assistant Secretary of the Army
(Civil Works), Department of the Army, transmitting a draft
of proposed legislation to modify the project for deep-draft
navigation at Wilmington Harbor, Northeast Cape Fear River,
NC, to authorize the Secretary of the Army to construct
navigation improvements at a total cost of about $30,235,000;
to the Committee on Transportation and Infrastructure.
5143. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A300-600 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
NM-10-AD; Amendment 39-9744; AD 96-18-18] (RIN: 2120-AA64)
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5144. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; AlliedSignal Inc. TFE731 Series
Turbofan Engines (Federal Aviation Administration) [Docket
No. 95-ANE-55; Amendment 39-9737; AD 96-18-13] (RIN: 2120-
AA64) received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5145. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Allison 250 Series Turbine Engines
(Federal Aviation Administration) [Docket No. 95-ANE-72]
(RIN: 2120-AA64) received September 12, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
[[Page 2193]]
5146. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Lebanon, NH (Federal Aviation
Administration) [Airspace Docket No. 96-ANE-28] received
September 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5147. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Modification of the Dallas-Fort Worth Class B Airspace Area;
TX (Federal Aviation Administration) [Airspace Docket No. 94-
AWA-2] (RIN: 2120-AA66) received September 12, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
5148. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Revision of Class E Airspace; Gainsville, TX (Federal
Aviation Administration) [Airspace Docket No. 95-ANSW-15]
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5149. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fairchild SA226 and SA227 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
CE-10-AD; Amendment 39-9753; AD 96-19-05] (RIN: 2120-AA64)
received September 12, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5150. A letter from the Chairman, Surface Transportation
Board, transmitting the Board's final rule--Rail General
Exemption Authority--Exemption of Ferrous Recyclables (Ex
Parte No. 346 [Sub-No. 35]) received September 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5151. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
and Medicaid Programs: Hospital Standard for Potentially
Infectious Blood and Blood Products (Health Care Financing
Administration) [BPD-633-F] (RIN: 0938-AE40) received
September 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
jointly, to the Committees on Commerce and Ways and Means.
para.107.4 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Sherman Williams, one of his
secretaries.
para.107.5 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed without amendment a bill of the
House of the following title:
H.R. 3553. An Act to amend the Federal Trade Commission Act
to authorize appropriations for the Federal Trade Commission.
The message also announced that the Senate had passed a bill of the
following title in which the concurrence of the House is requested:
S. 1983. An Act to amend the Native American Graves
Protection and Repatriation Act to provide for Native
Hawaiian organizations, and for other purposes.
The message also announced that pursuant to Public Law 101-509, the
Chair announces, on behalf of the Secretary of the Senate, the
appointment of Sheilah Mann, of Maryland, to the Advisory Committee on
the Records of Congress for the 104th Congress, vice Richard N. Smith.
para.107.6 submission of conference report--h.r. 3675
Mr. LIVINGSTON submitted a conference report (Rept. No. 104-485) on
the bill (H.R. 3675) making appropriations for the Department of
Transportation and related agencies for the fiscal year ending September
30, 1997, and for other purposes; together with a statement thereon, for
printing in the Record under the rule.
para.107.7 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. MILLER of Florida, laid before the House
a communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, September 16, 1996.
The Honorable Newt Gingrich,
The Speaker,
U.S. House of Representatives.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, September
13 at 11:20 a.m. and said to contain a message from the
President wherein he transmits a 6-month periodic report on
the national emergency with respect to Iran.
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.107.8 national emergency with respect to iran
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby report to the Congress on developments concerning the
national emergency with respect to Iran that was declared in Executive
Order 12957 of March 15, 1995, and matters relating to the measures in
that order and in Executive Order 12959 of May 6, 1995. This report is
submitted pursuant to section 204(c) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(c) (IEEPA), and section 505(c) of
the International Security and Development Cooperation Act of 1985, 22
U.S.C. 2349aa-9(c). This report discusses only matters concerning the
national emergency with respect to Iran that was declared in Executive
Order 12957 and does not deal with those relating to the emergency
declared on November 14, 1979, in connection with the hostage crisis.
1. On March 15, 1995, I issued Executive Order 12957 (60 Fed. Reg.
14615, March 17, 1995) to declare a national emergency with respect to
Iran pursuant to IEEPA, and to prohibit the financing, management, or
supervision by United States persons of the development of Iranian
petroleum resources. This action was in response to actions and policies
of the Government of Iran, including support for international
terrorism, efforts to undermine the Middle East peace process, and the
acquisition of weapons of mass destruction and the means to deliver
them. A copy of the order was provided to the Speaker of the House of
Representatives and the President of the Senate by letter dated March
15, 1995. Following the imposition of these restrictions with regard to
the development of Iranian petroleum resources, Iran continued to engage
in activities that represent a threat to the peace and security of all
nations, including Iran's continuing support for international
terrorism, its support for acts that undermine the Middle East peace
process, and its intensified efforts to acquire weapons of mass
destruction. On May 6, 1995, I issued Executive Order 12959 to further
respond to the Iranian threat to the national security, foreign policy,
and economy of the United States.
Executive Order 12959 (60 Fed. Reg. 24757, May 9, 1995) (1) prohibits
exportation from the United States to Iran or to the Government of Iran
of goods, technology, or services; (2) prohibits the reexportation of
certain U.S. goods and technology to Iran from third countries; (3)
prohibits transactions such as brokering and other dealing by United
States persons in goods and services of Iranian origin or owned or
controlled by the Government of Iran; (4) prohibits new investments by
United States persons in Iran or in property owned or controlled by the
Government of Iran; (5) prohibits U.S. companies and other United States
persons from approving, facilitating, or financing performance by a
foreign subsidiary or other entity owned or controlled by a United
States person of certain reexport, investment, and certain trade
transactions that a United States person is prohibited from performing;
(6) continue the 1987 prohibition on the importation into the United
States of goods and services of Iranian origin; (7) prohibits any
transaction by any United States person or within the United States that
evades or avoids or attempts to violate any prohibition of the order;
and (8) allowed U.S. companies a 30-day period in which to perform trade
transactions pursuant to contracts predating the Executive order.
At the time of signing Executive Order 12959, I directed the Secretary
of the Treasury to authorize through specific licensing certain
transactions, including transactions by United States persons related to
the Iran-United Claims Tribunal in The Hague, established pursuant to
the Algiers Accords, and related to other international obligations and
United States Government functions, and transactions related to the
export of agricultural commodities pursuant to preexisting contracts
consistent with section 5712(c) of title 7, United States Code. I also
directed the Secretary of the Treasury in consultation with the
Secretary of State, to consider authorizing United States persons
through specific licensing to participate in market-based swaps of
crude oil from the Caspian Sea area for
[[Page 2194]]
Iranian crude oil in support of energy projects in Azerbaijan,
Kazakstan, Turkmenistan.
Executive Order 12959 revoked sections 1 and 2 of Executive Order
12613 of October 29, 1987, and sections 1 and 2 of Executive Order
12957 of March 15, 1995, to the extent they are inconsistent with it. A
copy of Executive Order 12959 was transmitted to the Speaker of the
House of Representatives and the President of the Senate by letters
dated May 6, 1995.
2. On March 8, 1996, I renewed for another year the national
emergency with respect to Iran pursuant to IEEPA. This renewal extended
the current comprehensive trade embargo against Iran in effect since
May 1995. Under these sanctions, virtually all trade with Iran is
prohibited except for information and informational materials and
certain other limited exceptions.
3. There were no amendments to the Iranian Transactions Regulations,
31 CFR Part 560 (the ``ITR'') during the reporting period.
4. During the current 6-month period, the Department of the
Treasury's Office of Foreign Assets Control (OFAC) made numerous
decisions with respect to applications for licenses to engage in
transactions under the ITR, and issued 24 licenses. The majority of
denials were in response to requests to authorize commercial exports to
Iran and the importation of Iranian-origin goods. The majority of the
licenses issued authorized the completion of commodity ``string
transactions'' entered into by U.S. parties with respect to foreign
commodities and having no knowledge or control over the Iranian
interest in the contracts; the export and reexport of goods, services,
and technology essential to ensure the safety of civil aviation and
safe operation of certain commercial passenger aircraft in Iran;
licenses relating to Iranian participation in the 1996 Atlanta Olympic
and Paralympic Games; the importation of Iranian-origin artwork for
public exhibition; and certain humanitarian imports and exports. In
light of statutory restrictions applicable to goods and technology
involved in the air safety cases, the Department of the Treasury
continues to consult and coordinate with the Departments of State and
Commerce on these matters, consistent with section 4 of Executive Order
12959.
In consultation with the Board of Governors of the Federal Reserve
System and bank regulators in New York and California, OFAC revoked the
licenses of all Iranian banking agencies in the United States. State
regulators then required them to convert to Representative Office
status. There are now no Iranian banks authorized to conduct banking
business in the United States. Activities have been restricted to
``limited representation,'' allowing only research and coordination
with U.S. holders of affiliate correspondent accounts.
Bank Saderat, Iran's New York Representative Office, was nominated by
the Central Bank of Iran to act as its agent for procedures outlined in
the ``Airbus'' settlement at The Hague. Accordingly, Bank Saderat was
separately licensed by OFAC for the limited purpose of collecting
information for the Central Bank of Iran about U.S. commercial claims
against Iranian banks. The information will be forwarded to and cleared
by Iranian and State Department officials and used in making
independent determinations as to which claims can be paid from a
special escrow account established at the Federal Reserve Bank of New
York.
The U.S. financial community continues to interdict transactions
associated with Iran and to consult with OFAC about their appropriate
handling. During this reporting period, OFAC took decisive action to
prevent the U.S. clearing of third country dollar travelers checks sold
by Iranian banks.
5. The U.S. Customs Service has continued to effect numerous seizures
of Iranian-origin merchandise, primarily carpets, for violation of the
import prohibitions of the ITR. Various enforcement actions carried
over from previous reporting periods are continuing and new reports of
violations are being aggressively pursued. Since March 11, 1996, OFAC
has collected two civil penalties totaling $6,000. The violations
underlying these collections involve unlicensed exports to Iran. Civil
penalty action is pending against 12 U.S. companies and financial
institutions for violations of the Regulations.
6. The expenses incurred by the Federal Government in the 6-month
period from March 15 through September 14, 1996, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of a national emergency with respect to Iran are
approximately $850,000, most of which represents wage and salary costs
for Federal personnel. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign
Assets Control, the U.S. Customs Service, the Office of the Under
Secretary for Enforcement, and the Office of the General Counsel), the
Department of State (particularly the Bureau of Economic and Business
Affairs, the Bureau of Near Eastern Affairs, the Bureau of Political-
Military Affairs, and the Office of the Legal Adviser), and the
Department of Commerce (the Bureau of Export Administration and the
General Counsels Office).
7. The situation reviewed above continues to involve important
diplomatic, financial, and legal interests of the United States and its
nationals and presents an extraordinary and unusual threat to the
national security, foreign policy, and economy of the United States.
The declaration of the national emergency with respect to Iran
contained in Executive Order 12957 and the comprehensive economic
sanctions imposed by Executive Order 12959 underscore the United States
Government opposition to the actions and policies of the Government of
Iran, particularly its support of international terrorism and its
effort to acquire weapons of mass destruction and the means to deliver
them. The Iranian Transactions Regulations issued pursuant to Executive
Orders 12957 and 12959 continue to advance important objectives in
promoting the nonproliferation and antiterrorism policies of the United
States. I shall exercise the powers at my disposal to deal with these
problems and will report periodically to the Congress on significant
developments.
William J. Clinton.
The White House, September 13, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-261).
para.107.9 enrolled bills signed
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that
pursuant to clause 4, rule I, the Speaker signed the following enrolled
bills on Thursday, September 12, 1996:
H.R. 1642. An Act to extend nondiscriminatory treatment
(most-favored-nation treatment) to the products of Cambodia,
and for other purposes.
H.R. 3230. An Act to authorize appropriations for fiscal
year 1997 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
S. 1669. An Act to name the Department of Veterans Affairs
Medical Center in Jackson, Mississippi, as the ``G.V.(Sonny)
Montgomery Department of Veterans Affairs Medical Center''.
para.107.10 message from the president--national emergency with respect
to ``unita''
The SPEAKER pro tempore, Mr. MILLER of Florida, laid before the House
a message from the President, which was read as follows:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice, stating that the emergency declared with respect to the
National Union for the Total Independence of Angola (``UNITA'') is to
continue in effect beyond September 26, 1996, to the Federal Register
for publication.
The circumstances that led to the declaration on September 26, 1993,
of a national emergency have not been resolved. The actions and policies
of UNITA pose a continuing unusual and extraordinary threat to the
foreign policy of the United States. United Na
[[Page 2195]]
tions Security Council Resolution 864 (1993) continues to oblige all
Members States to maintain sanctions. Discontinuation of the sanctions
would have a prejudicial effect on the Angolan peace process. For these
reasons, I have determined that it is necessary to maintain in force the
broad authorities necessary to apply economic pressure to UNITA to
reduce its ability to pursue its aggressive policies of territorial
acquisition.
William J. Clinton.
The White House, September 16, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on International Relations and
ordered to be printed (H. Doc. 104-262).
para.107.11 permission to file reports
On motion of Mr. LIVINGSTON, by unanimous consent, the Committee on
the Judiciary was granted permission until 5:00 p.m. today to file the
following reports: (Rept. No. 104-788) on the bill (H.R. 3723) to amend
title 18, United States Code, to protect proprietary economic
information, and for other purposes; (Rept. No. 104-789) on the bill of
the Senate (S. 1507) to provide for the extension of the Parole
Commission to oversee cases of prisoners sentenced under prior law, to
reduce the size of the Parole Commission, and for other purposes; and
(Rept. No. 104-787) on the bill (H.R. 3676) to amend title 18, United
States Code, clarify the intent of Congress with respect to the Federal
carjacking prohibition.
para.107.12 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1983. An Act to amend the Native American Graves
Protection and Repatriation Act to provide for Native
Hawaiian organizations, and for other purposes; to the
Committee on Resources.
para.107.13 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on the following date present to the President, for his
approval, bills of the House of the following titles:
On September 13, 1996:
H.R. 3230. An Act to authorize appropriations for fiscal
year 1997 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
H.R. 1642. An Act to extend nondiscriminatory treatment
(most-favored-nation treatment) to the products of Cambodia,
and for other purposes.
And then,
para.107.14 adjournment
On motion of Mr. LIVINGSTON, pursuant to the special order agreed to
on Thursday, September 12, 1996, at 12 o'clock and 8 minutes p.m., the
House adjourned until 12:30 p.m. on Tuesday, September 17, 1996.
para.107.15 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. WOLF: Committee of conference. Conference report on
H.R. 3675. A bill making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes (Rept. No.
104-785). Ordered to be printed.
Mr. ARCHER: Committee on Ways and Means. H.R. 4039. A bill
to make technical and clarifying amendments to recently
enacted provisions relating to titles II and XVI of the
Social Security Act and to provide for a temporary extension
of demonstration project authority in the Social Security
Administration (Rept. No. 104-786). Referred to the Committee
of the Whole House on the State of the Union.
Mr. HYDE: Committee on the Judiciary. H.R. 3676. A bill to
amend title 18, United States Code, clarify the intent of
Congress with respect to the Federal carjacking prohibition;
with an amendment (Rept. No. 104-787). Referred to the
Committee of the Whole House on the State of the Union.
Mr. McCOLLUM: Committee on the Judiciary. H.R. 3723. A bill
to amend title 18, United States Code, to protect proprietary
economic information, and for other purposes; with an
amendment (Rept. No. 104-788). Referred to the Committee of
the Whole House on the State of the Union.
Mr. HYDE: Committee on the Judiciary. S. 1507. An act to
provide for the extension of the Parole Commission to oversee
cases of prisoners sentenced under prior law, to reduce the
size of the Parole Commission, and for other purposes; with
an amendment (Rept. No. 104-789). Referred to the Committee
of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. S. 811. An act
to authorize research into the desalinization and reclamation
of water and authorize a program for States, cities, or
qualifying agencies desiring to own and operate a water
desalinization or reclamation facility to develop such
facilities, and for other purposes; with amendments (Rept.
No. 104-790 Pt. 1). Referred to the Committee of the Whole
House on the State of the Union.
para.107.16 time limitation of referred bill
Pursuant to clause 5 of rule X, the following action was taken by the
Speaker:
S. 811. Referral to the Committees on Science and
Transportation and Infrastructure extended for a period
ending not later than September 16, 1996.
para.107.17 discharge of committee
Pursuant to clause 5 of rule X, the Committees on Science and
Transportation and Infrastructure discharged from further consideration.
S. 811 referred to the Committee of the Whole House on the State of the
Union.
para.107.18 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LEACH (by request):
H.R. 4079. A bill to reduce paperwork and additional
regulatory burdens for depository institutions; to the
Committee on Banking and Financial Services.
By Mr. ABERCROMBIE:
H.J. Res. 192. Joint resolution to consent to certain
amendments enacted by the Legislature of the State of Hawaii
to the Hawaiian Homes Commission Act, 1920; to the Committee
on Resources.
para.107.19 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1046: Mr. Richardson.
H.R. 1796: Mr. Sam Johnson.
H.R. 2450: Mr. Lightfoot.
H.R. 2911: Mr. McIntosh and Mr. Hostettler.
H.R. 3173: Mr. Smith of New Jersey, Mr. McHale, and Mr.
Conyers.
H.R. 3213: Mr. King and Ms. Norton.
H.R. 3226: Mr. Salmon.
H.R. 3455: Mr. Flake, Mr. Jacobs, Mrs. Schroeder, and Mr.
Brown of California.
H.R. 3508: Mr. Barrett of Wisconsin.
H.R. 3565: Mr. Ney.
H.R. 3878: Mr. Doyle and Mr. Shays.
H.R. 3905: Mr. Goodlatte and Mr. McIntosh.
H.R. 4034: Mr. Bilbray.
H.J. Res. 191: Mr. Bliley, Mr. Serrano, Mr. Oberstar, Mr.
Wolf, Mr. Dornan, Mr. Souder, Mr. Underwood, Mr. McNulty, Mr.
Manton, Mr. Watts of Oklahoma, Mr. Torricelli, Mrs. Kelly,
Mr. Salmon, and Mr. Ehrlich.
H. Con. Res. 63: Mr. Cox.
H. Con. Res. 173: Mr. Wolf, Mr. King, Mrs. Lowey, and Mr.
Cramer.
H. Con. Res. 212: Mr. Rohrabacher, Mr. Cox, and Mr. Burton
of Indiana.
H. Res. 390: Mr. Rahall.
.
TUESDAY, SEPTEMBER 17, 1996 (108)
para.108.1 designation of speaker pro tempore
The House was called to order at 12:30 p.m. by the SPEAKER pro
tempore, Mr. HANCOCK, who laid before the House the following
communication:
Washington, DC,
September 17, 1996.
I hereby designate the Honorable Mel Hancock to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
Whereupon, pursuant to the order of the House of Friday, May 12, 1995,
Members were recognized for ``morning hour'' debates.
para.108.2 recess--1:23 p.m
The SPEAKER pro tempore, Mr. HANCOCK, pursuant to clause 12 of rule I,
declared the House in recess until 2:00 p.m.
para.108.3 after recess--2:00 p.m.
The SPEAKER pro tempore, Mr. MILLER of Florida, called the House to
order.
para.108.4 approval of the journal
The SPEAKER pro tempore, Mr. MILLER of Florida, announced he had
examined and approved the Journal of the proceedings of Monday,
September 16, 1996.
[[Page 2196]]
Pursuant to clause 1, rule I, the Journal was approved.
para.108.5 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5152. A communication from the President of the United
States, transmitting his request to make available
appropriations totaling $300,000,000 in budget authority to
the Department of Agriculture, $100,000,000 in budget
authority to the Department of the Interior, a $100,000,000
supplemental request for Veterans Compensation and Pensions,
and making available appropriations totaling $50,000,000 in
budget authority to the Department of Housing and Urban
Development and to designate the amounts made available as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, pursuant to 31 U.S.C. 1107 (H. Doc. No.
104-264); to the Committee on Appropriations and ordered to
be printed.
5153. A communication from the President of the United
States, transmitting his requests for fiscal year 1996
supplemental appropriations and fiscal year 1997 budget
amendments totaling $1,097 million for programs that are
designed to strengthen our anti-terrorism, counter-terrorism,
and security efforts in this country and abroad and to
designate the amounts made available as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 104-263); to
the Committee on Appropriations and ordered to be printed.
5154. A letter from the Assistant to the Board, Board of
Governors of the Federal Reserve System, transmitting the
Board's final rule--Amendment to Revenue Limit on Bank-
Ineligible Activities of Subsidiaries of Bank Hold Companies
Engaged in Underwriting and Dealing in Securities [Docket No.
R-0932] received September 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5155. A letter from the President and Chairman, Export-
Import Bank of the United States, transmitting a report
involving United States exports to Australia, pursuant to 12
U.S.C. 635(b)(3)(i); to the Committee on Banking and
Financial Services.
5156. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Lamps; Reflective
Devices and Associated Equipment (National Highway Traffic
Safety Administration) (RIN: 2127-AF90) received September
16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
5157. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans State: Approval of
Revisions to the State of North Carolina's State
Implementation Plan (SIP) [FRL-5606-3] received September 16,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5158. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--National Emission
Standards for Hazardous Air Pollutants for Source Categories:
Perchloroethylene Dry Cleaning Facilities; Amendments (RIN:
2060-AF90) received September 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5159. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pyridaben; Pesticide
Tolerances for Emergency Exemptions (RIN: 2070-AB78) received
September 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5160. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of the Telecommunications Act of
1996: Reform of Filing Requirements and Carrier
Classifications and Anchorage Telephone Utility, Petition for
Withdrawal of Cost Allocation Manual [CC Docket No. 96-193]
(AAD 95-91) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5161. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Human-System Interface Design Review
Guideline [NUREG--0700, Rev. 1] received September 12, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5162. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to Taiwan (Transmittal No.
DTC-53-96), pursuant to 22 U.S.C. 2776(c); to the Committee
on International Relations.
5163. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to Algeria (Transmittal
No. DTC-47-96), pursuant to 22 U.S.C. 2776(c); to the
Committee on International Relations.
5164. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed license for the export of defense articles or
defense services sold commercially to France (Transmittal No.
DTC-61-96), pursuant to 22 U.S.C. 2776(c); to the Committee
on International Relations.
5165. A letter from the Deputy Director, Office of
Personnel Management, transmitting the Office's final rule--
Prevailing Rate Systems; Abolishment of Norfolk, MA,
Nonappropriated Fund Wage Area (RIN: 3206-AH58) received
September 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
5166. A letter from the Chairman, Securities and Exchange
Commission, transmitting a copy of the annual report in
compliance with the Government in the Sunshine Act during the
calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the
Committee on Government Reform and Oversight.
5167. A letter from the Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Red Snapper Management Measures
(RIN: 0648-AG89) received September 16, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
5168. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to amend the criminal law, title 18 of the United
States Code, to prevent economic espionage and to provide for
the protection of trade secrets in interstate and foreign
commerce; to the Committee on the Judiciary.
5169. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Drawbridge Operation Regulation; Lower Grand River, Louisiana
(U.S. Coast Guard) [CGD08-96-003] (RIN: 2115-AE47) received
September 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5170. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Stability and Control
of Medium and Heavy Vehicles During Braking (National Highway
Traffic Safety Administration) [Docket No. 92029; Notice 11]
(RIN: 2127-AG06) received September 16, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5171. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airspace Designations; Incorporation By Reference (Federal
Aviation Administration) [Docket No. 28674; Amendment No. 71-
28] received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5172. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28675 ; Amdt. No. 1751] (RIN: 2120-AA65) received September
16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
5173. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishement of Class E Airspace; Miller, SD (Federal
Aviation Administration) [Airspace Docket No. 96-AGL-11]
received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5174. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 767 Series Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-216-AD;
Amendment 39-9757; AD 96-19-10] (RIN: 2120-AA64) received
September 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on transportation and Infrastructure.
5175. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthness Directives; Gates Learjet Model 35 and 36 Series
Airplanes Modified by Raisbeck Supplemental Type Certificate
(STC) SA766NW (Federal Aviation Administration) [Docket No.
96-NM-63-AD] (RIN: 2120-AA64) received September 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5176. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; American Champion Aircraft
Corporation Models 8KCAB, 8GCBC, 7GCBC, 7ECA, 7GCAA, and
7KCAB Airplanes; Correction (Federal Aviation Administration)
[Docket No. 96-CE-36-AD; Amendment 39-9726; AD 96-18-02]
(RIN: 2120-AA64) received September 16, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5177. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pratt & Whitney JT9D-7R4 Series
Turbofan Engines (Federal Aviation Administration) [Docket
No. 94-ANE-51; Amendment 39-9721; AD 96-17-11] (RIN: 2120-
AA64) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5178. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Industrie Aeronautiche E Meccaniche
Model Piagio P-180 Airplanes (Federal Aviation
Administration) [Docket No. 95-CE-78-AD; Amendment 39-9750;
AD 96-
[[Page 2197]]
19-02] (RIN: 2120-AA64) received September 16, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
5179. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; De Havilland Model DHC-8-100 Series
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-266-AD; Amendment 39-9745; AD 88-09-05 R1] (RIN: 2120-
AA64) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5180. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Saab Model SAAB 2000 Series
Airplanes (Federal Aviation Administration) [Docket No. 96-
NM-231-AD] (RIN: 2120-AA64) received September 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5181. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-225-AD]
(RIN: 2120-AA64) received September 16, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5182. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; McDonnell Douglas Model DC-9-80
Series Airplanes and Model MD-88 Airplanes (Federal Aviation
Administration) [Docket No. 95-NM-221-AD] (RIN: 2120-AA64)
received September 16, 1996, pursuant to 5 U.S.C. 801(a) (1)
(A); to the Committee on Transportation and Infrastructure.
5183. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Qualified Pension, Profit-Sharing, and Stock Bonus Plans
(Revenue Ruling 96-48) received September 16, 1996, pursuant
to 5 U.S.C. 801(a) (1) (A); to the Committee on Ways and
Means.
5184. A letter from the Chief Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Minimum Vesting Standards (Revenue Ruling 46-47) received
September 16, 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to
the Committee on Ways and Means.
para.108.6 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3259. An Act to authorize appropriations for fiscal
year 1997 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3259) ``An Act to authorize appropriations for fiscal
year 1997 for intelligence and intelligence-related activities of the
United States Government, the Community Management Account, and the
Central Intelligence Agency Retirement and Disability System, and for
other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints Mr. Specter,
Mr. Lugar, Mr. Shelby, Mr. DeWine, Mr. Kyl, Mr. Inhofe, Mrs. Hutchison,
Mr. Cohen, Mr. Brown, Mr. Kerrey, Mr. Glenn, Mr. Bryan, Mr. Graham, Mr.
Kerry, Mr. Baucus, Mr. Johnston, and Mr. Robb; and from the Committee on
Armed Services, Mr. Thurmond, and Mr. Nunn, to be the conferees on the
part of the Senate.
para.108.7 private calendar
The SPEAKER pro tempore, Mr. MILLER of Florida, directed the Private
Calendar to be called.
When,
The bill of the following title was considered, read twice; the
amendment following was agreed to, and the bill, as amended, was ordered
to be engrossed and read a third time, was read a third time by title,
and passed:
H.R. 1886. A bill for the relief of John Wesley Davis.
Amendment in the nature of a substitute offered by the Committee on
the Judiciary:
Strike out all after the enacting clause and insert:
SECTION 1. WAIVER OF TIME LIMITATIONS.
The time limitations set forth in section 3702(b) of title
31, United States Code, shall not apply with respect to a
claim by John Wesley Davis, of Forestville, Maryland, for the
amounts due to him by the--
(1) Department of the Navy in the amount of $42,123.84; and
(2) Department of the Treasury in the amount of $12,508.20.
The amounts due are represented by checks that were received
but not negotiated by John Wesley Davis.
SEC. 2. DEADLINE.
Section 1 shall apply only if John Wesley Davis or his
authorized representative submits a claim pursuant to such
subsection before the expiration of the 6-month period
beginning on the date of the enactment of this Act.
A motion to reconsider the vote whereby the bill on the Private
Calendar was disposed of today was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.8 point of order
Mr. LEWIS of Georgia during one minute speeches addressed the House
and, during the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, is it within the rules of the House to refer to matters
before the Committee on Standards of Official Conduct on the floor of
the House?''.
The SPEAKER pro tempore, Mr. MILLER of Florida, responded to the point
of order, and said:
``That is not in order and the gentleman [Mr. Lewis] must proceed in
order.''.
Mr. LINDER continued with the point of order, and said:
``Mr. Speaker, further point of order. Is the gentleman in the well
speaking out of order?''.
The SPEAKER pro tempore, Mr. MILLER of Florida, sustained the point of
order, and said:
``The Chair rules the gentleman [Mr. Lewis] out of order.''.
Mr. LINDER addressed the Chair, and said:
``Mr. Speaker, if the gentleman continues, will the Chair rule that he
sit down?''.
The SPEAKER pro tempore, Mr. MILLER of Florida, responded, and said:
``The Chair will take that under advisement.
``The gentleman from Georgia [Mr. Lewis] may proceed in order.''.
para.108.9 point of order
Mr. LEWIS of Georgia further addressed the House and, during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentleman is ignoring the rule of the Chair and he
is referring to matters before the Committee on Standards of Official
Conduct, and it strikes me that it is the appropriate time to have him
sit down.''.
The SPEAKER pro tempore, Mr. MILLER of Florida, sustained the point of
order, and said:
``The Chair sustains the point of order. The gentleman's time has
expired.''.
para.108.10 north platte national wildlife refuge
Mr. SAXTON moved to suspend the rules and agree to the following
amendments of the Senate to the bill (H.R. 2679) to revise the boundary
of the North Platte National Wildlife Refuge:
Strike out all after the enacting clause and insert:
TITLE I--NORTH PLATTE NATIONAL WILDLIFE REFUGE
SEC. 101. REVISION OF BOUNDARY OF NORTH PLATTE NATIONAL
WILDLIFE REFUGE.
(a) Termination of Jurisdiction.--The secondary
jurisdiction of the United States Fish and Wildlife Service
over approximately 2,470 acres of land at the North Platte
National Wildlife Refuge in the State of Nebraska, as
depicted on a map entitled ``Relinquishment of North Platte
National Wildlife Refuge Secondary Jurisdiction'', dated
August 1995, and available for inspection at appropriate
offices of the United States Fish and Wildlife Service, is
terminated.
(b) Revocation of Executive Order.--Executive Order Number
2446, dated August 21, 1916, is revoked with respect to the
land described in subsection (a).
TITLE II--PETTAQUAMSCUTT COVE NATIONAL WILDLIFE REFUGE
SEC. 201. EXPANSION OF PETTAQUAMSCUTT COVE NATIONAL WILDLIFE
REFUGE.
Section 204 of Public Law 100-610 (16 U.S.C. 668dd note) is
amended by adding at the end the following:
``(e) Expansion of Refuge.--
``(1) Acquisition.--The Secretary may acquire for addition
to the refuge the area in Rhode Island known as `Foddering
Farm Acres', consisting of approximately 100 acres, adjacent
to Long Cove and bordering on Foddering Farm Road to the
south and Point Judith Road to the east, as depicted on a map
entitled `Pettaquamscutt Cove NWR Expansion Area', dated May
13, 1996, and available for inspection in appropriate offices
of the United States Fish and Wildlife Service.
``(2) Boundary revision.--The boundaries of the refuge are
revised to include the area described in paragraph (1).
[[Page 2198]]
``(f) Future Expansion.--
``(1) In general.--The Secretary may acquire for addition
to the refuge such lands, waters, and interests in land and
water as the Secretary considers appropriate and shall adjust
the boundaries of the refuge accordingly.
``(2) Applicable laws.--Any acquisition described in
paragraph (1) shall be carried out in accordance with all
applicable laws.''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 206(a) of Public Law 100-610 (16 U.S.C. 668dd note)
is amended by striking ``designated in section 4(a)(1)'' and
inserting ``designated or identified under section 204''.
SEC. 203. TECHNICAL AMENDMENTS.
Public Law 100-610 (16 U.S.C. 668dd note) is amended--
(1) in section 201(a)--
(A) by striking ``and the associated'' and inserting
``including the associated''; and
(B) by striking ``and dividing'' and inserting
``dividing'';
(2) in section 203, by striking ``of this Act'' and
inserting ``of this title'';
(3) in section 204--
(A) in subsection (a)(1), by striking ``of this Act'' and
inserting ``of this title''; and
(B) in subsection (b), by striking ``purpose of this Act''
and inserting ``purposes of this title'';
(4) in the second sentence of section 205, by striking ``of
this Act'' and inserting ``of this title''; and
(5) in section 207, by striking ``Act'' and inserting
``title''.
Amend the title so as to read: ``An Act to revise the boundary of the
North Platte National Wildlife Refuge, to expand the Pettaquamscutt Cove
National Wildlife Refuge, and for other purposes.''.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr. SAXTON
and Mr. RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.108.11 national park service administrative reform
Mr. HANSEN moved to suspend the rules and pass the bill (H.R. 2941) to
improve the quantity and quality of the quarters of land management
agency field employees, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr. HANSEN
and Mr. RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.12 electronic freedom of information
Mr. HORN moved to suspend the rules and pass the bill (H.R. 3802) to
amend section 552 of title 5, United States Code, popularly known as the
Freedom of Information Act, to provide for public access to information
in an electronic format, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr. HORN
and Mrs. MALONEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. HORN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. MILLER of Florida, pursuant to clause 5,
rule I, announced that further proceedings on the motion were postponed.
para.108.13 honorary u.s. citizenship to mother theresa
Mr. FLANAGAN moved to suspend the rules and pass the joint resolution
(H.J. Res. 191) to confer honorary citizenship of the United States on
Agnes Gonxha Bojahiu, also known as Mother Teresa; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
FLANAGAN and Ms. LOFGREN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution, as
amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. FLANAGAN objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of Florida. pursuant to clause 5,
rule I, announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.108.14 federal courts improvements
Mr. FLANAGAN moved to suspend the rules and pass the bill (H.R. 3968)
to make improvements in the operation and administration of the Federal
courts, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
FLANAGAN and Mrs. SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.15 rules governing removal of cases to federal court
Mr. MOORHEAD moved to suspend the rules and pass the bill of the
Senate (S. 533) to clarify the rules governing removal of cases to
federal court, and for other purposes.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
MOORHEAD and Mrs. SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. MOORHEAD objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of Florida, pursuant to clause 5,
rule I, announced that further proceedings on the motion were postponed.
The point of no quorum was considered as withdrawn.
para.108.16 venue provision
Mr. MOORHEAD moved to suspend the rules and pass the bill of the
Senate (S. 677) to repeal a redundant venue provision, and for other
purposes.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
MOORHEAD and Mrs. SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
[[Page 2199]]
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.108.17 economic espionage
Mr. BUYER moved to suspend the rules and pass the bill (H.R. 3723) to
amend title 18, United States Code, to protect proprietary economic
information, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr. BUYER
and Mr. SCHUMER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
Mr. BUYER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. MILLER of California, pursuant to clause
5, rule I, announced that further proceedings on the motion were
postponed.
The point of no quorum was considered as withdrawn.
para.108.18 parole commission phaseout
Mr. BUYER moved to suspend the rules and pass the bill of the Senate
(S. 1507) to provide for the extension of the Parole Commission to
oversee cases of prisoners sentenced under prior law, to reduce the size
of the Parole Commission, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. MILLER of California, recognized Mr.
BUYER and Mr. SCHUMER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of California, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.108.19 carjacking correction
Mr. BUYER moved to suspend the rules and pass the bill (H.R. 3676) to
amend title 18, United States Code, to clarify the intent of Congress
with respect to the Federal carjacking prohibition; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr. BUYER
and Mrs. SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. MILLER of Florida, announced that two-
thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.20 school of government and public service
Mr. GOODLING moved to suspend the rules and pass the bill (H.R. 3803)
to authorize funds for the George Bush School of Government and Public
Service; as amended.
The SPEAKER pro tempore, Mr. MILLER of Florida, recognized Mr.
GOODLING and Mr. HOEKSTRA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. HOEKSTRA demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.108.21 waiving points of order against the conference report to
accompany h.r. 3675
Ms. GREENE, by direction of the Committee on Rules, reported (Rept.
No. 104-803) the resolution (H. Res. 522) waiving points of order
against the conference report to accompany the bill (H.R. 3675) making
appropriations for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1997, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.108.22 space commercialization promotion
Mr. WALKER moved to suspend the rules and pass the bill (H.R. 3936) to
encourage the development of a commercial space industry in the United
States, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.23 social security clarifying amendments
Mr. BUNNING moved to suspend the rules and pass the bill (H.R. 4039)
to make technical and clarifying amendments to recently enacted
provisions relating to titles II and XVI of the Social Security Act and
to provide for a temporary extension of demonstration project authority
in the Social Security Administration; as amended.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. BUNNING and Mr.
PAYNE of Virginia, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.24 james madison commemorative coin
Mr. CASTLE moved to suspend the rules and pass the bill (H.R. 1684) to
require the Secretary of the Treasury to mint coins in commemoration of
the 250th anniversary of the birth of James Madison; as amended.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. CASTLE and Mr.
FLAKE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
[[Page 2200]]
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
require the Secretary of the Treasury to mint coins in commemoration of
the 150th anniversary of the death of Dolley Madison.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.25 george washington commemorative coin
Mr. CASTLE moved to suspend the rules and pass the bill (H.R. 2026) to
require the Secretary of the Treasury to mint coins in commemoration of
the 200th anniversary of the death of George Washington; as amended.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. CASTLE and Mr.
FLAKE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.26 black revolutionary war patriots commemorative coin
Mr. CASTLE moved to suspend the rules and pass the bill (H.R. 1776) to
require the Secretary of the Treasury to mint coins in commemoration of
black revolutionary war patriots; as amended.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. CASTLE and Mr.
FLAKE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
require the Secretary of the Treasury to mint coins in commemoration of
black Revolution War patriots and the 275th anniversary of the first
black Revolutionary War patriot, Crispus Attucks..''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.27 h.r. 3802--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3802) to amend section 552 of title 5, United
States Code, popularly known as the Freedom of Information Act, to
provide for public access to information in an electronic format, and
for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
402
<3-line {>
affirmative
Nays
0
para.108.28 [Roll No. 414]
YEAS--402
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--31
Bachus
Chapman
Conyers
Cubin
Dellums
Durbin
Edwards
Fazio
Fields (TX)
Furse
Ganske
Hayes
Heineman
Jefferson
Johnson, E.B.
Johnston
Largent
Laughlin
Lewis (CA)
Markey
McCrery
Mink
Nethercutt
Norwood
Pastor
Peterson (FL)
Rangel
Thompson
White
Whitfield
Wicker
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2201]]
para.108.29 h.j. res. 191--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the joint resolution (H.J. Res. 191) to confer
honorary citizenship of the United States on Agnes Gonxha Bojahiu, also
known as Mother Teresa; as amended.
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution, as
amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
those present had voted in the affirmative.
Mr. FLANAGAN demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
405
<3-line {>
affirmative
Nays
0
para.108.30 [Roll No. 415]
YEAS--405
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--28
Bachus
Cubin
Dellums
Durbin
Edwards
Fazio
Fields (TX)
Furse
Ganske
Hayes
Heineman
Jefferson
Johnson, E. B.
Johnston
Largent
Laughlin
McCrery
Meyers
Mink
Nethercutt
Norwood
Pastor
Peterson (FL)
Rangel
Thompson
White
Whitfield
Wicker
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution, as amended, was
passed.
By unanimous consent, the title was amended so as to read: ``Joint
resolution to confer honorary citizenship of the United States on Agnes
Gonxha Bojaxhiu, also known as Mother Teresa.''.
A motion to reconsider the votes whereby the rules were suspended and
said joint resolution, as amended, was passed and the title was amended,
was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.108.31 s. 533--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (S. 533) to clarify the rules governing
removal of cases to federal court, and for other purposes.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
those present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.108.32 h.r. 3723--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3723) to amend title 18, United States
Code, to protect proprietary economic information, and for other
purposes.
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
those present had voted in the affirmative.
Mr. COOLEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
399
<3-line {>
affirmative
Nays
3
para.108.33 [Roll No. 416]
YEAS--399
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
[[Page 2202]]
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Neumann
Ney
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--3
Cooley
Stark
Wilson
NOT VOTING--31
Bachus
Cubin
Dellums
Durbin
Edwards
Fazio
Fields (TX)
Flanagan
Furse
Ganske
Hastings (FL)
Hayes
Heineman
Jefferson
Johnson, E. B.
Johnston
Largent
Laughlin
Markey
McCrery
Mink
Montgomery
Nethercutt
Norwood
Pastor
Peterson (FL)
Rangel
Thompson
Waters
White
Wicker
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.34 h.r. 3803--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3803) to authorize funds for the
George Bush School of Government and Public Service; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
279
<3-line {>
affirmative
Nays
116
para.108.35 [Roll No. 417]
YEAS--279
Abercrombie
Ackerman
Archer
Armey
Baker (LA)
Baldacci
Ballenger
Barrett (NE)
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Combest
Costello
Coyne
Cramer
Crapo
Cummings
de la Garza
DeLauro
DeLay
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doolittle
Dornan
Doyle
Dreier
Dunn
Ehlers
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fields (LA)
Flake
Foglietta
Ford
Fowler
Fox
Franks (CT)
Frelinghuysen
Frisa
Frost
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodling
Gordon
Goss
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
Longley
Lowey
Lucas
Manton
Markey
Martinez
Mascara
Matsui
McCollum
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Meek
Menendez
Meyers
Mica
Millender-McDonald
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Nadler
Neal
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Paxon
Payne (VA)
Pelosi
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Reed
Regula
Richardson
Riggs
Roberts
Rogers
Ros-Lehtinen
Roth
Roybal-Allard
Rush
Sabo
Sawyer
Saxton
Schiff
Scott
Serrano
Shaw
Shays
Sisisky
Skeen
Skelton
Smith (NJ)
Smith (TX)
Solomon
Spence
Spratt
Stenholm
Stockman
Stokes
Studds
Stump
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Ward
Waxman
Weldon (PA)
Weller
Whitfield
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
NAYS--116
Allard
Baesler
Baker (CA)
Barcia
Barr
Barrett (WI)
Bartlett
Bono
Brown (OH)
Chabot
Chambliss
Chenoweth
Coble
Coburn
Collins (GA)
Condit
Conyers
Cooley
Cox
Cremeans
Cunningham
Danner
Deal
DeFazio
Deutsch
Dickey
Duncan
Ehrlich
Ensign
Fawell
Filner
Flanagan
Foley
Forbes
Frank (MA)
Franks (NJ)
Funderburk
Goodlatte
Graham
Gutknecht
Hancock
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hoekstra
Hostettler
Hunter
Hutchinson
Inglis
Istook
Jones
Kanjorski
Kaptur
Kleczka
Klug
LaTourette
Lewis (GA)
LoBiondo
Lofgren
Luther
Maloney
Manzullo
Martini
McCarthy
McDermott
McKinney
Meehan
Metcalf
Miller (CA)
Miller (FL)
Minge
Myrick
Neumann
Ney
Owens
Parker
Payne (NJ)
Peterson (MN)
Radanovich
Ramstad
Rivers
Roemer
Rohrabacher
Roukema
Royce
Salmon
Sanders
Sanford
Scarborough
Schaefer
Schroeder
Schumer
Seastrand
[[Page 2203]]
Sensenbrenner
Shadegg
Skaggs
Slaughter
Smith (MI)
Smith (WA)
Souder
Stearns
Stupak
Talent
Tate
Tiahrt
Wamp
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Woolsey
Yates
Zimmer
NOT VOTING--38
Andrews
Bachus
Borski
Bryant (TX)
Crane
Cubin
Davis
Dellums
Dooley
Durbin
Edwards
Fazio
Fields (TX)
Furse
Ganske
Hastings (FL)
Hayes
Heineman
Hyde
Jefferson
Johnson, E. B.
Johnston
Largent
Laughlin
Levin
McCrery
Mink
Nethercutt
Norwood
Pastor
Peterson (FL)
Rangel
Rose
Shuster
Stark
Thompson
White
Wicker
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.108.36 order of business--suspension of the rules
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That, notwithstanding clause 1, rule XXVII it may be in order
on September 18, 1996, for the Speaker to entertain motions to suspend
the rules and pass the following bills: H.R. 2594, H.R. 2940, H.R. 3923,
H.R. 3348, H.R. 4040, S. 1995, and S. 1636.
para.108.37 committee election--minority
Mrs. KENNELLY, by direction of the Democratic Caucus, submitted the
following privileged resolution (H. Res. 523):
Resolved, That the following named Members be, and that
they are hereby, elected to the following standing committees
of the House of Representatives:
To the Committee on Small Business: Mr. Becerra of
California, Mr. Clyburn of South Carolina, Ms. Norton of the
District of Columbia, and Ms. Waters of California;
To the Committee on Veterans' Affairs: Mr. Peterson of
Minnesota.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.108.38 leave of absence
By unanimous consent, leave of absence was granted--
To Mr. GANSKE, for today and the balance of the week;
To Mr. HEINEMAN, for today and the balance of the week; and
To Ms. Eddie Bernice JOHNSON of Texas, for today.
para.108.39 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment a concurrent
resolution of the House of the following title:
H. Con. Res. 211. Concurrent Resolution directing the Clerk
of the House of Representatives to make a technical
correction in the enrollment of H.R. 3060.
The message also announced that the Senate agrees, to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendment of the Senate to the bill (H.R. 3816) ``An Act making
appropriations for energy and water development for the fiscal year
ending September 30, 1997, and for other purposes.''.
The message also announced that the Senate had passed a concurrent
resolution of the following title, in which the concurrence of the House
is requested:
S. Con. Res. 67. Concurrent resolution to authorize
printing of the report of the Commission on Protecting and
Reducing Government Secrecy.
And then,
para.108.40 adjournment
On motion of Mr. de la GARZA, at 11 o'clock p.m., the House adjourned.
para.108.41 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3153. A bill to amend title 49, United
States Code, to exempt from regulation the transportation of
certain hazardous materials by vehicles with a gross vehicle
weight rating of 10,000 pounds or less; with amendments
(Rept. No. 104-791). Referred to the Committee of the Whole
House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3348. A bill to direct the President to
establish standards and criteria for the provision of major
disaster and emergency assistance in response to snow-related
events; with an amendment (Rept. No. 104-792). Referred to
the Committee of the Whole House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3923. A bill to amend title 49, United
States Code, to require the National Transportation Safety
Board and individual air carriers to take actions to address
the needs of families of passengers involved in aircraft
accidents; with an amendment (Rept. No. 104-793). Referred to
the Committee of the Whole House on the State of the Union.
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 4040. A bill to amend title 49, United
States Code, relating to intermodal safe container
transportation (Rept. No. 104-794). Referred to the Committee
of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 3802. A bill to amend section 552 of title 5, United
States Code, popularly known as the Freedom of Information
Act, to provide for public access to information in an
electronic format, and for other purposes; with an amendment
(Rept. No. 104-795). Referred to the Committee of the Whole
House on the State of the Union.
Mr. HYDE: Committee on the Judiciary. House Joint
Resolution 191. Resolution to confer honorary citizenship of
the United States on Agnes Gonxha Bojahiu, also known as
Mother Teresa (Rept. No. 104-796). Referred to the House
Calendar.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2505. A
bill to amend the Alaska Native Claims Settlement Act to make
certain clarifications to the land bank protection
provisions, and for other purposes; with an amendment (Rept.
No. 104-797). Referred to the Committee of the Whole House on
the State of the Union.
Mr. MOORHEAD: Committee on the Judiciary. H.R. 3968. A bill
to make improvements in the operation and administration of
the Federal courts, and for other purposes; with an amendment
(Rept. No. 104-798). Referred to the Committee of the Whole
House on the State of the Union.
Mr. MOORHEAD: Committee on the Judiciary. S. 533. An Act to
clarify the rules governing removal of cases to Federal
court, and for other purposes (Rept. No. 104-799). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. MOORHEAD: Committee on the Judiciary. S. 677. An Act to
repeal a redundant venue provision, and for other purposes
(Rept. No. 104-800). Referred to the Committee of the Whole
House on the State of the Union.
Mr. WALKER: Committee on Science. H.R. 3936. A bill to
encourage the development of a commercial space industry in
the United States, and for other purposes; with an amendment
(Rept. No. 104-801, Pt. 1). Referred to the Committee of the
Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2941. A
bill to improve the quantity and quality of the quarters of
land management agency field employees, and for other
purposes; with an amendment (Rept. No. 104-802, Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Ms. GREENE of Utah: Committee on Rules. House Resolution
522. Resolution waiving points of order against the
conference report to accompany the bill (H.R. 3675) making
appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30,
1997, and for other purposes (Rept. No. 104-803). Referred to
the House Calendar.
Mr. SPENCE: Committee on National Security. House
Concurrent Resolution 180. Resolution commending the
Americans who served the United States during the period
known as the cold war; with an amendment (Rept. No. 104-804
Pt. 1).
Mr. SPENCE: Committee on National Security. House
concurrent Resolution 200. Resolution expressing the sense of
the Congress regarding the bombing in Dhahran, Saudi Arabia;
with an amendment (Rept. No. 104-805). Referred to the House
Calendar.
Mr. SPENCE: Committee on National Security. H.R. 4000. A
bill to amend title 10, United States Code, to restore the
provisions of chapter 76 of that title (relating to missing
persons) as in effect before the amendments made by the
National Defense Authorization Act for fiscal year 1997; with
an amendment (Rept. No. 104-806). Referred to the Committee
of the Whole House on the State of the Union.
para.108.42 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2941. Referral to the Committee on Agriculture
extended for a period ending not later than September 17,
1996.
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
[[Page 2204]]
H.R. 3936. Referral to the Committee on Government Reform
and Oversight extended for a period ending not later than
September 17, 1996.
Pursuant to clause 5 rule X the following action was taken by the
Speaker:
H. Con. Res. 180. Referral to the Committees on
International Relations and Intelligence (Permanent Select)
extended for a period ending not later than September 17,
1996.
para.108.43 discharge of committee
Pursuant to clause 5 of rule X the Committee on Agriculture discharged
from further consideration. H.R. 2941 referred to the Committee of the
Whole Hose on the State of the Union.
Pursuant to clause 5 of rule X the Committee on Government Reform and
Oversight discharged from further consideration. H.R. 3936 referred to
the Committee of the Whole House on the State of the Union.
Pursuant to clause 5 of rule X the Committees on International
Relations and Intelligence (Permanent Select) discharged from further
consideration. H. Con. Res. 180 referred to the House Calendar.
para.108.44 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. FILNER:
H.R. 4080. A bill to amend the Small Business Act to
establish programs and undertake efforts to assist and
promote the creation, development, and growth of small
business concerns owned and controlled by veterans of service
in the Armed Forces, and for other purposes; to the Committee
on Small Business, and in addition to the Committee on
Veterans' Affairs, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. OBERSTAR (for himself, Mr. Obey, Mr. Kildee, Mr.
Dingell, Mr. Visclosky, Mr. LaTourette, Mr. Hoke, Mr.
LaFalce, Mr. Gutierrez, Mr. Stupak, Ms. Kaptur, and
Mr. Brown of Ohio):
H.R. 4081. A bill to direct the Secretary of the department
in which the Coast Guard is operating to submit to the
Congress a plan and cost estimate for the engineering,
design, and retrofitting of the icebreaker Mackinaw; to the
Committee on Transportation and Infrastructure.
By Mr. HERGER:
H.R. 4082. A bill to direct the Secretary of Agriculture to
conduct a pilot project on designated lands within the
Plumas, Lassen, and Tahoe National Forests in the State of
California to demonstrate the effectiveness of the resource
management activities proposed by the Quincy Library Group
and to amend current land and resource management plans for
these national forests to consider the incorporation of these
resource management activities; to the Committee on
Resources, and in addition to the Committee on Agriculture,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. SCHAEFER:
H.R. 4083. A bill to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1997; to the Committee on Commerce.
By Mr. ABERCROMBIE (for himself and Mr. Faleomavaega):
H.R. 4084. A bill to amend the Native American Graves
Protection and Repatriation Act to provide for Native
Hawaiian organizations, and for other purposes; to the
Committee on Resources.
By Mr. BAKER of Louisiana (for himself, Mr. Bachus, and
Mr. Lazio of New York):
H.R. 4085. A bill to terminate the property disposition
program of the Department of Housing and Urban Development
providing single family properties for use for the homeless;
to the Committee on Banking and Financial Services.
By Mr. BEREUTER (for himself, Mr. Crane, Mr. Gibbons,
and Mr. Berman):
H.R. 4086. A bill to authorize the extension of
nondiscriminatory treatment (most-favored-nation treatment)
to the products of Mongolia; to the Committee on Ways and
Means.
By Mr. BROWDER:
H.R. 4087. A bill to designate certain Federal lands in the
Talladega National Forest in the State of Alabama as the
Dugger Mountain Wilderness; to the Committee on Resources,
and in addition to the Committee on Agriculture, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CONDIT:
H.R. 4088. A bill to provide for the conveyance of certain
property from the United States to Stanislaus County, CA; to
the Committee on Science.
By Mr. ENGLISH of Pennsylvania:
H.R. 4089. A bill to amend title 31, United States Code, to
provide that recently enacted provisions requiring payment of
Federal benefits in the form of electronic funds transfers do
not apply with respect to benefits payable under the old-age,
survivors, and disability insurance program under title II of
the Social Security Act; to the Committee on Government
Reform and Oversight.
H.R. 4090. A bill to amend the Internal Revenue Code of
1986 to clarify the application of the retail tax on heavy
trucks and trailers; to the Committee on Ways and Means.
H.R. 4091. A bill to amend title II of the Social Security
Act to establish, for purposes of disability determinations
under such title, a uniform minimum level of earnings, for
demonstrating ability to engage in substantial gainful
activity, at the level currently applicable solely to blind
individuals; to the Committee on Ways and Means.
By Mr. FOGLIETTA (for himself, Mrs. Clayton, Mr.
Cummings, Mr. Fattah, Mrs. Meek of Florida, Mr.
Dellums, Mr. Oberstar, Mr. Owens, Mr. Towns, Mr.
Hilliard, Mr. Ackerman, Mr. Frost, Mr. Clyburn, Mr.
Barrett of Wisconsin, Mr. Evans, Mr. Faleomavaega,
Mr. Johnston of Florida, Mr. Torres, Ms. Waters, Ms.
Norton, Ms. McKinney, Mr. Ford, Ms. Eddie Bernice
Johnson of Texas, Mr. Watt of North Carolina, Ms.
Brown of Florida, and Mr. Jackson):
H.R. 4092. A bill to prevent law enforcement agencies from
stopping people on highways because of their race or color;
to the Committee on the Judiciary.
By Mr. FRANKS of New Jersey (for himself, Ms. Molinari,
Mr. Frelinghuysen, and Mr. Martini):
H.R. 4093. A bill to require the Federal Aviation
Administration to address the aircraft noise problems of New
Jersey and Staten Island, NY; to the Committee on
Transportation and Infrastructure.
By Mr. GEKAS (for himself, Mr. Cox, Mr. Porter, Mr.
Wolf, Mr. Davis, Mrs. Morella, Mr. Gilchrest, Mr.
Hayworth, Mr. Bereuter, Mr. Crapo, Mr. Spence, Mr.
Shadegg, Mr. Rohrabacher, Mr. Horn, Mr. Hansen, and
Mr. Ehlers):
H.R. 4094. A bill to amend title 31, United States Code, to
provide for continuing appropriations in the absence of
regular appropriations; to the Committee on Appropriations.
By Mr. GOODLATTE:
H.R. 4095. A bill to protect the national information
infrastructure, and for other purposes; to the Committee on
the Judiciary.
By Mr. HOKE.
H.R. 4096. A bill to encourage and expedite the granting of
membership in the North Atlantic Treaty Organization to
Romania, Slovakia, and Slovenia; to the Committee on
International Relations.
By Ms. LOFGREN:
H.R. 4097. A bill to amend title 18, United States Code,
with respect to child exploitation offenses; to the Committee
on the Judiciary.
By Mrs. MEYERS of Kansas:
H.R. 4098. A bill to enhance the administrative authority
of the president of Haskell Indian Nations University, and
for other purposes; to the Committee on Economic and
Educational Opportunities, and in addition to the Committee
on Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PORTMAN (for himself, Mr. Cardin, Mr. Ensign,
Mr. Matsui, Mr. Hobson, and Mr. Pomeroy):
H.R. 4099. A bill to amend the Internal Revenue Code of
1986 to modify the application of the pension
nondiscrimination rules to governmental plans; to the
Committee on Ways and Means.
By Mr. STARK:
H.R. 4100. A bill to amend titles XVIII and XIX of the
Social Security Act to require hospitals participating in the
Medicare or Medicaid Program to provide notice of
availability of Medicare and Medicaid providers as part of
discharge planning and to maintain and disclose information
on certain referrals; to the Committee on Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STUDDS:
H.R. 4101. A bill to direct the Secretary of the department
in which the Coast Guard is operating to provide rescue diver
training under the Coast Guard helicopter rescue swimming
training program; to the Committee on Transportation and
Infrastructure.
By Mr. INGLIS of South Carolina (for himself and Mr.
Scott):
H.J. Res. 193. Joint resolution granting the consent of
Congress to the Emergency Management Assistance Compact; to
the Committee on the Judiciary.
By Mr. DAVIS (for himself, Mrs. Morella, Mr. Wynn, Mr.
Wolf, Mr. Moran, and Mr. Hoyer):
H.J. Res. 194. Joint resolution granting the consent of the
Congress to amendments made by Maryland, Virginia, and the
District of Columbia to the Washington Metropolitan Area
Transit Regulation Compact; to the Committee on the
Judiciary.
By Miss COLLINS of Michigan (for herself, Mr. Barrett
of Wisconsin, Mrs. Clayton, Mr. Filner, Mr. Frazer,
Mr. Pete Geren of Texas, Mr. Green of Texas, Mr.
Hastings of Florida, Mr. Brown of Ohio, Mrs.
Schroeder,
[[Page 2205]]
Ms. Waters, Mr. Payne of New Jersey, Ms. Brown of
Florida, Mr. Thompson, Mr. Jefferson, Ms. Norton, and
Mrs. Meek of Florida):
H.J. Res. 195. Joint resolution recognizing the end of
slavery in the United States, and the true day of
independence for African-Americans; to the Committee on
Government Reform and Oversight.
By Mr. FRANKS of New Jersey:
H. Con. Res. 215. Concurrent resolution to encourage the
Secretary of State, foreign nations, and others to work
together to help reunite family members separated during the
Holocaust; to the Committee on International Relations.
By Mrs. KENNELLY:
H. Res. 523. Resolution designating minority membership to
certain standing committees of the House of Representatives;
considered and agreed to.
para.108.45 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 784: Mr. Deal of Georgia.
H.R. 789: Mr. Bereuter and Mr. Poshard.
H.R. 1023: Mr. Heineman, Mr. Kolbe, and Mr. Crane.
H.R. 1073: Mr. Skaggs and Mr. Wamp.
H.R. 1074: Mr. Skaggs and Mr. Wamp.
H.R. 1325: Mr. Petri and Mr. Oberstar.
H.R. 1662: Mr. Fattah.
H.R. 2006: Mr. Petri.
H.R. 2167: Mr. Gilman, Ms. Lofgren, and Mr. LaTourette.
H.R. 2185: Mr. Canady and Mr. Matsui.
H.R. 2246: Mr. Moakley.
H.R. 2434: Mr. Stenholm, Mr. Neal of Massachusetts, and Mr.
Matsui.
H.R. 2748: Mr. Frank of Massachusetts.
H.R. 2807: Mr. Engel and Mr. Hinchey.
H.R. 2927: Mr. Lipinski.
H.R. 3030: Mr. Lewis of Georgia.
H.R. 3142: Mr. Salmon, Ms. Dunn of Washington, Mr. Bass,
and Ms. Furse.
H.R. 3199: Mr. Dornan and Mr. Roemer.
H.R. 3226: Mr. Brown of California and Mr. Shaw.
H.R. 3250: Mr. Weldon of Pennsylvania.
H.R. 3311: Mr. Moran, Mr. Barcia of Michigan, Mr. Olver,
Mr. Hefner, and Mr. Frost.
H.R. 3391: Mr. Pallone.
H.R. 3433: Mr. Franks of New Jersey.
H.R. 3498: Mr. Fattah.
H.R. 3514: Mr. Weldon of Florida and Mr. Salmon.
H.R. 3518: Mr. Dornan and Mrs. Seastrand.
H.R. 3591: Mr. Condit.
H.R. 3690: Mr. Crane, Mr. Hastings of Washington, and Mr.
Nethercutt.
H.R. 3691: Mrs. Thurman.
H.R. 3704: Mr. Evans, Mr. Hilliard, Mrs. Mink of Hawaii,
Ms. Brown of Florida, Mr. Miller of California, Mr. Sanders,
Mr. Faleomavaega, Ms. Lofgren, Mr. Lipinski, Ms. Woolsey, Mr.
Foglietta, Mr. Yates, Mr. Gutierrez, Mr. Lewis of Georgia,
Mr. Clay, Mr. Ackerman, Mr. Gibbons, Mr. Coleman, Ms. Norton,
Mr. Dellums, Mrs. Collins of Illinois, Mr. Deutsch, Mr.
Hinchey, Mr. Peterson of Minnesota, and Mr. Owens.
H.R. 3752: Mrs. Cubin, Mr. Skeen, and Mr. Cooley.
H.R. 3775: Mr. Edwards, Mr. Salmon, and Mr. Tejeda.
H.R. 3835: Mr. Blute, Mr. Borski, Mr. Boucher, Ms. Brown of
Florida, Mr. Hilliard, Mr. Kennedy of Massachusetts, Mr.
LaHood, Ms. McKinney, Mr. Owens, Ms. Rivers, and Mr. Stupak.
H.R. 3838: Mr. Hostettler and Mr. Bartlett of Maryland.
H.R. 3860: Ms. Lofgren, Mr. Evans, and Mr. Deutsch.
H.R. 3905: Mr. Castle.
H.R. 3923: Mr. Gillmor and Mr. Evans.
H.R. 3927: Mr. Kennedy of Massachusetts, Mr. Durbin, and
Mr. McHale.
H.R. 3942: Mr. Rogers.
H.R. 3950: Mr. Bartlett of Maryland and Mr. Davis.
H.R. 3984: Mr. Fields of Texas and Mr. Dornan.
H.R. 4019: Mr. Cunningham, Mr. Wicker, Mr. Lewis of
California, Mr. Radanovich, Mr. Baker of Louisiana, Mr. Horn,
Mr. Calvert, Mr. Hunter, Mr. Rohrabacher, Mr. Dreier, Mr.
Hayworth, Mr. White, Mr. Ney, Mr. Packard, Mr. King, Mr.
Moorhead, Mr. Crane, Mr. Inglis of South Carolina, Mr.
Lipinski, Mr. Weller, and Mr. Stockman.
H.R. 4036: Mr. Hamilton, Mr. Lantos, Mr. Berman, Mr. Hyde,
Ms. Ros-Lehtinen, and Mr. Goodling.
H.R. 4037: Mr. Dellums.
H.R. 4062: Mr. Horn.
H.R. 4066: Mr. Dornan, Mr. Riggs, Mr. Herger, and Mr.
Cunningham.
H.R. 4068: Mr. Bishop.
H.J. Res. 173: Ms. Pryce.
H.J. Res. 174: Ms. Pryce, Mr. Hancock, Mrs. Myrick, and Ms.
Furse.
H. Con. Res. 21: Mr. Klug and Mr. Stupak.
H. Con. Res. 51: Mr. Lantos and Mr. Gilman.
H. Con. Res. 145: Mr. Gilman.
H. Con. Res. 212: Mr. Deutsch.
H. Res. 30: Mr. Cremeans, Mr. Browder, Mr. Ney, Mr.
Traficant, and Mr. Chrysler.
H. Res. 490: Mr. Burton of Indiana, Mr. Kingston, Mr.
Rohrabacher, and Mr. Torkildsen.
H. Res. 501: Mr. Hastings of Florida.
.
WEDNESDAY, SEPTEMBER 18, 1996 (109)
para.109.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HASTINGS
of Washington, who laid before the House the following communication:
Washington, DC,
September 18, 1996.
I hereby designate the Honorable Richard ``Doc'' Hastings
to act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.109.2 approval of the journal
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced he had
examined and approved the Journal of the proceedings of Tuesday,
September 17, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.109.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5185. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Limes and Avacados Grown in Florida; Relaxation of Container
Marking Requirements [Docket No. FV96-911-4FIR] received
September 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
5186. A letter from the Administrator, Rural Utilities
Service, transmitting the Service's final rule--Use of
Consultants Funded by Borrowers (RIN: 0572-AB17) received
September 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
5187. A letter from the Director, the Office of Management
and Budget, transmitting the cumulative report on rescissions
and deferrals of budget authority as of September 1, 1996,
pursuant to 2 U.S.C. 685(e) (H. Doc. No. 104-265); to the
Committee on Appropriations and ordered to be printed.
5188. A letter from the Under Secretary of Defense,
transmitting the Secretary's certification that the
survivability and lethality testing of the UH-1N variant of
the USMC H-1 upgrade program otherwise required by section
2366 would be unreasonably expensive and impractical,
pursuant to 10 U.S.C. 2366(c)(2); to the Committee on
National Security.
5189. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting the annual report to Congress by
the Division of Compliance and Consumer Affairs of the FDIC,
pursuant to 15 U.S.C. 57a(f)(6); to the Committee on Banking
and Financial Services.
5190. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year (if any) and the budget year provided by H.R.
3845, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-578); to the Committee on the Budget.
5191. A letter from the Assistant Secretary for
Occupational Safety and Health, Department of Labor,
transmitting the Department's final rule--Occupational
Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite
Final Rule: Corrections (RIN: 1218-AB25) received September
18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Economic and Educational Opportunities.
5192. A letter from the Administrator, Energy Information
Administration, transmitting the Energy Information
Administration's ``Annual Energy Review 1995,'' pursuant to
15 U.S.C. 790f(a)(2); to the Committee on Commerce.
5193. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Topical Guidelines for the Licensing
Support System (Regulatory Guide 3.69) received September 17,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5194. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-78), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
5195. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Navy's proposed Letter(s) of Offer and
Acceptance [LOA] to Egypt for defense articles and services
(Transmittal No. 96-77), pursuant to 22 U.S.C. 2776(b); to
the Committee on International Relations.
5196. A letter from the Acting Director, Office of
Sustainable Fisheries, National Marine Fisheries Service,
transmitting the Service's final rule--Fisheries Off West
Coast States and in the Western Pacific; Pacific Coast
Groundfish Fishery; End of Pacific Whiting Regular Season
[Docket No. 951227306-6117-02; I.D. 090696E] received
September 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5197. A letter from the Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Reef Fish Fishery of the Gulf of
Mexico Amendment 13 [Docket No. 96061317-6247-02; I.D.
050996C] (RIN: 0648-AI71) received September 17, 1996,
pursuant to 5
[[Page 2206]]
U.S.C. 801(a)(1)(A); to the Committee on Resources.
5198. A letter from the Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Northern Anchovy Fishery; Quotas
for the 1996-97 Fishing Year [Docket No. 960903241-6241-01;
I.D. 081996B] received September 17, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
5199. A letter from the Acting Director, Office of
Sustainable Fisheries, National Marine Fisheries Service,
transmitting the Service's final rule--Fisheries Off West
Coast States and in the Western Pacific; West Coast Salmon
Fisheries; Closures from the U.S.-Canadian Border to Cape
Alava, WA, and from the Queets River to Leadbetter Point, WA
[Docket No. 960126016-6121-04; I.D. 090696B] received
September 17, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5200. A letter from the Acting Director, Office of
Sustainable Fisheries, National Marine Fisheries Service,
transmitting the Service's final rule--Fisheries Off West
Coast States and in the Western Pacific; West Coast Salmon
Fisheries; Inseason Adjustments from the U.S.-Canadian Border
to the Queets River, WA [Docket No. 960126016-6121-04; I.D.
090696C] received September 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5201. A letter from the Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Caribbean, Gulf of
Mexico, and South America; Consolidation of Regulations
[Docket No. 960313071-6237-03; I.D. 050996D] (RIN: 0648-AI20)
received September 17, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5202. A letter from the Program Management Officer,
National Marine Fisheries Service, transmitting the Service's
final rule--Fisheries of the Exclusive Economic Zone Off
Alaska; Allowing Quota Shares and Individual Fishing Quota to
be Used on Smaller Vessels [Docket No. 960612171-6227-02;
I.D. 060496A] (RIN: 0648-AI57) received September 17, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5203. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch in the Eastern
Regulatory Area of the Gulf of Alaska [Docket No. 960129018-
6018-01; I.D. 090996A] received September 17, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
5204. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Sharpchin and Northern Rockfish in the
Aleutian Islands Subarea [Docket No. 960129019-6019-01; I.D.
090696D] received September 17, 1996, to the Committee on
Resources.
5205. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to amend title 18, United States Code, to extend
certain statutes of limitation; to the Committee on the
Judiciary.
5206. A letter from the Chief Justice, Supreme Court of the
United States, transmitting notification that the Court will
open the October 1996 term on October 2, 1996; to the
Committee on the Judiciary.
5207. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for Presidential determination regarding the
POW/MIA military drawdown to Cambodia, pursuant to 22 U.S.C.
2348a; jointly, to the Committee on International Relations
and Appropriations.
5208. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting obligation of
funds for additional program proposals for purposes of
nonproliferation and disarmament fund activities, pursuant to
22 U.S.C. 5858; jointly, to the Committees on International
Relations and Appropriations.
5209. A letter from the Chairman, Railroad Retirement
Board, transmitting the Board's budget request for fiscal
year 1998, pursuant to 45 U.S.C. 231f; jointly, to the
Committees on Transportation and Infrastructure,
Appropriations, and Ways and Means.
para.109.4 point of order
Mr. LEWIS of Georgia during one minute speeches addressed the House
and, during the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, several days in a row the gentleman from Georgia has
risen on the floor of the House to address matters that are
inappropriate because the rules of the House specifically prohibit
speaking of matters before the Committee on Standards of Official
Conduct.
``The gentleman does not seem to get that point. And on each occasion
that I have raised this point of order, the Speaker has agreed with me.
I would like the Speaker to make a ruling on this matter today.''.
Mr. LEWIS of Georgia was recognized to speak to the point of order,
and said:
``If the gentleman [Mr. Linder] is familiar with the rules, he should
know that the customary way to object is to ask that the Member's words
be taken down.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The Chair is prepared to rule on the gentleman's point of order. The
Chair will repeat the admonition of the Chair from September 12, 1996,
and September 17, 1996.
``It is an essential rule of decorum in debates that Members should
refrain from references in debate to the conduct of other Members, where
such conduct is not the question actually pending before the House, by
way of a report from the Committee on Standards of Official Conduct or
by way of another question of the privileges of the House. This
principle is documented on pages 168 and 526 of the House Rules and
Manual and reflects the consistent rulings of the Chair in this and in
prior Congresses and applies to one-minute and special order speeches.
``Neither the filing of a complaint before the Committee on Standards
of Official Conduct, nor the publication in another form of charges that
are personally critical to another Member justify the references to such
charges on the floor of the House. This includes reference to the
motivations of Members who file complaints and to Members of the
Committee on Standards of Official Conduct.
``Clause 1 of rule XIV is a prohibition against engaging in
personality in debate. It derives from article I, section 5 of the
Constitution, which authorizes each House to make its own rules and to
punish its Members for disorderly behavior, and has been part of the
rules of the House in some relevant form since 1789. This rule
supersedes any claim of a Member to be free from questioning in any
other place.
``On January 27, 1909, the House adopted a report that stated the
following:
`It is the duty of the House to require its members in
speech or debate to preserve that proper restraint which will
permit the House to conduct its business in an orderly manner
and without unnecessarily and unduly exciting animosity among
its Members.'
``This is Cannon's Precedents, volume 8, at section 2497. This report
was in response to improper references in debate to the President, but
clearly reiterated a principle that all occupants of the Chair in this
and in prior Congresses have held to be equally applicable to Members'
remarks in debate toward each other.
``The Chair asks and expects the cooperation of all Members in
maintaining a level of decorum that properly dignifies the proceedings
of the House.
``So the Chair would request the gentleman [Mr. Lewis] proceed in
order.''.
para.109.5 point of order
Mr. LEWIS of Georgia further addressed the House and, during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, it is entirely possible that the gentleman in the well
does not know what the rules are. But I think you just ruled that he was
speaking out of order, and I would like to have the Chair readdress his
addressing matters before the Committee on Standards of Official
Conduct.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The Chair sustains the point of order from the gentleman from
Georgia [Mr. Linder] and asks the other Member from Georgia [Mr. Lewis]
to please keep his remarks in order.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded with
the following statement to a parliamentary inquiry made by Mr. VOLKMER
as to whether there is historical precendent whereby the Chair had
ordered a Member to be seated prior to the expiration the Member's 1-
minute:
``On September 12 and on September 17 of this year, the Chair
sustained points of order against Members who repeatedly made references
in debate to a matter pending before the Committee on Standards of
Official Conduct.
``On those occasions, the Chair indicated that pursuant to the rule
such Members could be required to take their seats where they declined
to proceed in order at the directive of the Chair after points of order
had been sustained against the references while
[[Page 2207]]
demanding that an offending Member be seated is normally insisted upon
only where there is a formal demand that the words be taken down pending
disposition that the words be taken down. Pending disposition of the
matter by the Chair and the House, it is within the Chair's authority
under rule I and rule XVI to deny that Member further recognition as a
disposition of the question of order, subject to the will of the House
on a question proceeding in order.
``A Member's comportment in the face of repeated admonitions by the
Chair to proceed in order has itself been the subject of a ruling of the
Chair that the Member may not be recognized to proceed unless permitted
to do so by the House. That is cited on page 319 of the Manual. Once a
Member has been recognized and has the floor, rule I and rule XVI permit
the Chair to respond to repeated points of order while permitting the
House to determine the propriety of the Chair's rulings and it
willingness to permit the Member to proceed in order.
``Thus, if the Chair were to direct that an offending Member be denied
the floor for the duration of the time for which he was recognized, he
would do so in the context of a ruling that would permit the House to
determine whether the Member should proceed in order.''* * *
``Without objection, the gentleman from Georgia [Mr. Lewis] may
proceed in order for the balance of his time.''.
para.109.6 point of order
Mr. VOLKMER during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentleman in the well is referring to matters
before the Committee on Standards of Official Conduct, which is
prohibited by the rules of the House.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The Chair sustains the point of order and asks the gentleman from
Missouri [Mr. Volkmer] to keep his remarks in order.''.
para.109.7 intelligence appropriations
On motion of Mr. COMBEST, by unanimous consent, the bill (H.R. 3259)
to authorize appropriations for fiscal year 1997 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes; together with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. COMBEST, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. HASTINGS of Washington, by
unanimous consent, appointed the following Members as managers on the
part of the House at said conference:
From the Permanent Select Committee on Intelligence, for consideration
of the House bill and the Senate amendment, and modifications committed
to conference: Messrs. Combest, Dornan, Young of Florida, Hansen, Lewis
of California, Goss, Shuster, McCollum, Castle, Dicks, Richardson,
Dixon, Torricelli, Coleman, and Skaggs, and Ms. Pelosi.
From the Committee on National Security, for consideration of defense
tactical intelligence and related agencies: Messrs. Stump, Spence, and
Dellums.
Ordered, That the Clerk notify the Senate thereof.
para.109.8 water resources development
On motion of Mr. SHUSTER, by unanimous consent, the bill of the Senate
(S. 640) to provide for the conservation and development of water and
related resources, to authorize the Secretary of the Army to construct
various projects for improvements to rivers and harbors of the United
States, and for other purposes; together with the amendment of the House
thereto, was taken from the Speaker's table.
When on motion of Mr. SHUSTER, it was,
Resolved, That the House insist upon its amendment and agree to the
conference asked by the Senate on the disagreeing votes of the two
Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. BEREUTER, by unanimous
consent, appointed Messrs. Shuster, Young of Alaska, Boehlert, Oberstar,
and Borski, as managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.109.9 railroad unemployment insurance
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill (H.R. 2594) to amend the
Railroad Unemployment Insurance Act to reduce the waiting period for
benefits payable under that Act, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
BORSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.109.10 aviation disaster assistance
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill (H.R. 3923) to amend title
49, United States Code, to require the National Transportation Safety
Board and individual air carriers to take actions to address the needs
of families of passengers involved in aircraft accidents; as amended.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
LIPINSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. LIPINSKI demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. BEREUTER, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.109.11 deepwater port modernization
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill (H.R. 2940) to amend the
Deepwater Port Act of 1974; as amended.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
BORSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.109.12 snow removal policy
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill (H.R. 3348) to direct the
President to establish standards and criteria for the provision of major
disaster and emergency assistance in response to snow-related events; as
amended.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
BORSKI, each for 20 minutes.
[[Page 2208]]
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.109.13 intermodal safe container
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill (H.R. 4040) to amend title
49, United States Code, relating to intermodal safe container
transportation.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
RAHALL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.109.14 air and space museum annex
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill of the Senate (S. 1995) to
authorize construction of the Smithsonian Institution National Air and
Space Museum Dulles Center at Washington Dulles International Airport,
and for other purposes.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
TRAFICANT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.109.15 mark o. hatfield u.s. courthouse
Mr. SHUSTER, pursuant to the order of the House of September 17, 1996,
moved to suspend the rules and pass the bill of the Senate (S. 1636) to
designate the United States Courthouse under construction at 1030
Southwest 3rd Avenue, Portland, Oregon, as the ``Mark O. Hatfield United
States Courthouse,'' and for other purposes.
The SPEAKER pro tempore, Mr. BEREUTER, recognized Mr. SHUSTER and Mr.
TRAFICANT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, MR. BEREUTER, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.109.16 h.r. 3923--unfinished business
The SPEAKER pro tempore, Mr. BEREUTER, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3923) to amend title 49, United States Code, to
require the National Transportation Safety Board and individual air
carriers to take actions to address the needs of families of passengers
involved in aircraft accidents; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
401
<3-line {>
affirmative
Nays
4
para.109.17 [Roll No. 418]
YEAS--401
Abercrombie
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
[[Page 2209]]
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--4
Cooley
Hancock
Scarborough
Stump
NOT VOTING--28
Ackerman
Bliley
Brown (CA)
Bryant (TX)
Collins (IL)
Collins (MI)
Cubin
Durbin
Fazio
Fields (TX)
Furse
Ganske
Gibbons
Hastings (FL)
Hayes
Heineman
Herger
Jefferson
Johnston
Livingston
Matsui
Peterson (FL)
Pryce
Skelton
Solomon
Torkildsen
Watts (OK)
White
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.109.18 waiving points of order against the conference report to
accompany h.r. 3675
Ms. GREENE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 522):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3675) making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes. All points
of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Ms. GREENE, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.109.19 transportation appropriations
Mr. WOLF, pursuant to House Resolution 522, called up the following
conference report (Rept. No. 104-785):
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3675) making appropriations for the Department of
Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 6, 7,
14, 20, 22, 23, 24, 27, 36, 50, 52, 60, 62, 64, 71, 80, 82,
88, 91, 95, 96, 97, 104, 113, 118, 121, 122, 124, 125, 126,
127, 128, 129, 131, 134, 136, 139, 140, 142, 150, 156, 158,
160, 161, 162, and 164.
That the House recede from its disagreement to the
amendments of the Senate numbered 2, 3, 4, 5, 15, 17, 25, 31,
32, 46, 47, 53, 56, 61, 63, 67, 69, 72, 93, 101, 102, 117,
119, 132, 137, 138, 141, 143, 144, 145, 146, 153, 154, 155,
159, 163, 165, 166, 168, 169, and 170, and agree to the same.
Amendment numbered 1.
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$52,966,000; and the Senate agree to the same.
Amendment numbered 8.
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,319,725,000; and the Senate agree to the same.
Amendment numbered 9.
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$374,840,000; and the Senate agree to the same.
Amendment numbered 10.
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$216,500,000; and the Senate agree to the same.
Amendment numbered 11.
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$18,040,000; and the Senate agree to the same.
Amendment numbered 12.
That the House recede from its disagreement to the
amendment of the Senate numbered 12, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$41,700,000; and the Senate agree to the same.
Amendment numbered 13.
That the House recede from its disagreement to the
amendment of the Senate numbered 13, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$52,350,000; and the Senate agree to the same.
Amendment numbered 16.
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: : Provided further, That none of the funds
in this Act may be obligated or expended to continue the
``Vessel Traffic Service (VTS) 2000'' Program: Provided
further, That of the funds provided under this heading,
$1,000,000 is available only for a Coast Guard analysis of
future VTS system requirements which minimizes complexity and
is based upon an open systems architecture maximizing use of
off-the-shelf technology, to be conducted in cooperation with
the maritime community and local organizations affected by
the implementation of such systems; and the Senate agree to
the same.
Amendment numbered 18.
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment,
insert:$22,000,000; and the Senate agree to the same.
Amendment numbered 19.
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
PORT SAFETY DEVELOPMENT
For necessary expenses for debt retirement of the Port of
Portland, Oregon, without further findings and
determinations, $5,000,000, to remain available until
expended.
And the Senate agree to the same.
Amendment numbered 21.
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$19,200,000; and the Senate agree to the same.
Amendment numbered 26.
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$3,182,500,000; and the Senate agree to the same.
Amendment numbered 28.
That the House recede from its disagreement to the
amendment of the Senate numbered 28, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,790,000,000; and the Senate agree to the same.
Amendment numbered 29.
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,573,000,000; and the Senate agree to the same.
Amendment numbered 30.
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$187,412,000; and the Senate agree to the same.
Amendment numbered 33.
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$521,114,000; and the Senate agree to the same.
Amendment numbered 34.
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$221,958,000; and the Senate agree to the same.
Amendment numbered 35.
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$18,000,000,000; and the Senate agree to the same.
Amendment numbered 37.
That the House recede from its disagreement to the
amendment of the Senate numbered 37, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$78,225,000; and the Senate agree to the same.
[[Page 2210]]
Amendment numbered 38.
That the House recede from its disagreement to the
amendment of the Senate numbered 38, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
STATE INFRASTRUCTURE BANKS
To carry out the State Infrastructure Bank Pilot Program
(Public Law 104-59, section 350), $150,000,000, to remain
available until expended: Provided, That the Secretary may
distribute these funds in a manner determined by the
Secretary to any State for which a State Infrastructure Bank
has been approved and the State has requested such funds:
Provided further, That no distribution of funds made
available under this heading shall be made prior to 180 days
after the date of enactment of this Act: Provided further,
That the Secretary may approve State Infrastructure Banks for
more than 10 States: Provided further, That these funds shall
be used to advance projects or programs under the terms and
conditions of section 350: Provided further, That any State
that receives such funds may deposit any portion of those
funds into either the highway or transit account of the State
Infrastructure Bank: Provided further, That the Secretary
shall ensure that the Federal disbursements shall be at a
rate consistent with historic rates for the Federal-aid
highways program.
And the Senate agree to the same.
Amendment numbered 39.
That the House recede from its disagreement to the
amendment of the Senate numbered 39, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$80,900,000; and the Senate agree to the same.
Amendment numbered 40.
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$51,712,000; and the Senate agree to the same.
Amendment numbered 41.
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$168,100,000; and the Senate agree to the same.
Amendment numbered 42.
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$168,100,000; and the Senate agree to the same.
Amendment numbered 43.
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$128,700,000; and the Senate agree to the same.
Amendment numbered 44.
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$11,500,000; and the Senate agree to the same.
Amendment numbered 45.
That the House recede from its disagreement to the
amendment of the Senate numbered 45, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$25,500,000; and the Senate agree to the same.
Amendment numbered 48.
That the House recede from its disagreement to the
amendment of the Senate numbered 48, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$20,100,000; and the Senate agree to the same.
Amendment numbered 49.
That the House recede from its disagreement to the
amendment of the Senate numbered 49, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$115,000,000; and the Senate agree to the same.
Amendment numbered 51.
That the House recede from its disagreement to the
amendment of the Senate numbered 51, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$24,757,000; and the Senate agree to the same.
Amendment numbered 54.
That the House recede from its disagreement to the
amendment of the Senate numbered 54, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$7,000,000; and the Senate agree to the same.
Amendment numbered 55.
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$13,000,000; and the Senate agree to the same.
Amendment numbered 57.
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$565,450,000; and the Senate agree to the same.
Amendment numbered 58.
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$223,450,000; and the Senate agree to the same.
Amendment numbered 59.
That the House recede from its disagreement to the
amendment of the Senate numbered 59, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$41,497,000; and the Senate agree to the same.
Amendment numbered 65.
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$760,000,000; and the Senate agree to the same.
Amendment numbered 66.
That the House recede from its disagreement to the
amendment of the Senate numbered 66, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$380,000,000; and the Senate agree to the same.
Amendment numbered 68.
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$760,000,000; and the Senate agree to the same.
Amendment numbered 70.
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$64,410,000; and the Senate agree to the same.
Amendment numbered 73.
That the House recede from its disagreement to the
amendment of the Senate numbered 73, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$1,000,000; and the Senate agree to the same.
Amendment numbered 74.
That the House recede from its disagreement to the
amendment of the Senate numbered 74, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $3,500,000 for the Canton-Akron-Cleveland
commuter rail project; ; and the Senate agree to the same.
Amendment numbered 75.
That the House recede from its disagreement to the
amendment of the Senate numbered 75, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$22,500,000; and the Senate agree to the same.
Amendment numbered 76.
That the House recede from its disagreement to the
amendment of the Senate numbered 76, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$11,000,000; and the Senate agree to the same.
Amendment numbered 77.
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$15,250,000; and the Senate agree to the same.
Amendment numbered 78.
That the House recede from its disagreement to the
amendment of the Senate numbered 78, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $661,000 for the DeKalb County, Georgia
light rail project; and the Senate agree to the same.
Amendment numbered 79.
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $1,500,000 for the Denver Southwest Corridor
project; and the Senate agree to the same.
Amendment numbered 81.
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $1,000,000 for the Griffin light rail
project; and the Senate agree to the same.
Amendment numbered 83.
That the House recede from its disagreement to the
amendment of the Senate numbered 83, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$5,500,000; and the Senate agree to the same.
Amendment numbered 84.
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same
with an amendment, as follows:
[[Page 2211]]
Restore the matter stricken by said amendment, amended to
read as follows: $15,000,000 for the Jacksonville ASE
extension project; and the Senate agree to the same.
Amendment numbered 85.
That the House recede from its disagreement to the
amendment of the Senate numbered 85, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$3,000,000; and the Senate agree to the same.
Amendment numbered 86.
That the House recede from its disagreement to the
amendment of the Senate numbered 86, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$2,000,000; and the Senate agree to the same.
Amendment numbered 87.
That the House recede from its disagreement to the
amendment of the Senate numbered 87, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$70,000,000; and the Senate agree to the same.
Amendment numbered 89.
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$33,191,000; and the Senate agree to the same.
Amendment numbered 90.
That the House recede from its disagreement to the
amendment of the Senate numbered 90, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$1,500,000; and the Senate agree to the same.
Amendment numbered 92.
That the House recede from its disagreement to the
amendment of the Senate numbered 92, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$3,039,000; and the Senate agree to the same.
Amendment numbered 94.
That the House recede from its disagreement to the
amendment of the Senate numbered 94, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $500,000 for the New Jersey West Trenton
commuter rail project; and the Senate agree to the same.
Amendment numbered 98.
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$2,000,000; and the Senate agree to the same.
Amendment numbered 99.
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $3,000,000 for the Orange County transitway
project; and the Senate agree to the same.
Amendment numbered 100.
That the House recede from its disagreement to the
amendment of the Senate numbered 100, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$10,000,000; and the Senate agree to the same.
Amendment numbered 103.
That the House recede from its disagreement to the
amendment of the Senate numbered 103, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$2,000,000; and the Senate agree to the same.
Amendment numbered 105.
That the House recede from its disagreement to the
amendment of the Senate numbered 105, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$35,000,000; and the Senate agree to the same.
Amendment numbered 106.
That the House recede from its disagreement to the
amendment of the Senate numbered 106, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: , of which $10,000,000 may be available for
high-occupancy vehicle lane and corridor design costs; and
the Senate agree to the same.
Amendment numbered 107.
That the House recede from its disagreement to the
amendment of the Senate numbered 107, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$13,500,000; and the Senate agree to the same.
Amendment numbered 108.
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$32,000,000; and the Senate agree to the same.
Amendment numbered 109.
That the House recede from its disagreement to the
amendment of the Senate numbered 109, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$27,500,000; and the Senate agree to the same.
Amendment numbered 110.
That the House recede from its disagreement to the
amendment of the Senate numbered 110, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $1,500,000 for the San Diego-Mid-Coast
Corridor project;; and the Senate agree to the same.
Amendment numbered 111.
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $4,750,000 for the San Juan Tren Urbano
project; ; and the Senate agree to the same.
Amendment numbered 112.
That the House recede from its disagreement to the
amendment of the Senate numbered 112, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$3,000,000; and the Senate agree to the same.
Amendment numbered 114.
That the House recede from its disagreement to the
amendment of the Senate numbered 114, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment, and
On page 33 line 12 of the House engrossed bill, H.R. 3675,
strike ``to Lakeland commuter rail'' and insert: Bay Regional
Rail: ; and the Senate agree to the same.
Amendment numbered 115.
That the House recede from its disagreement to the
amendment of the Senate numbered 115, and agree to the same
with an amendment, as follows:
In lieu of the sum named in said amendment, insert:
$3,000,000; and the Senate agree to the same.
Amendment numbered 116.
That the House recede from its disagreement to the
amendment of the Senate numbered 116, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$3,750,000; and the Senate agree to the same.
Amendment numbered 120.
That the House recede from its disagreement to the
amendment of the Senate numbered 120, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$26,886,000; and the Senate agree to the same.
Amendment numbered 123.
That the House recede from its disagreement to the
amendment of the Senate numbered 123, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$37,900,000; and the Senate agree to the same.
Amendment numbered 130.
That the House recede from its disagreement to the
amendment of the Senate numbered 130, and agree to the same
with an amendment, as follows:
In lieu of ``4 3/4 per centum'' named in said amendment,
insert: 4 1/4 per centum; and the Senate agree to the same.
Amendment numbered 133.
That the House recede from its disagreement to the
amendment of the Senate numbered 133, and agree to the same
with an amendment, as follows:
Delete the matter stricken by said amendment and delete the
matter inserted by said amendment, and
On page 48 line 22 of the House engrossed bill, H.R. 3675,
strike ``: Provided further,'' and insert in lieu thereof a
period; and the Senate agree to the same.
Amendment numbered 135.
That the House recede from its disagreement to the
amendment of the Senate numbered 135, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,250,000; and the Senate agree to the same.
Amendment numbered 147.
That the House recede from its disagreement to the
amendment of the Senate numbered 147, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of ``Passenger Railroad Corporation'' named in said
amendment, insert: Railroad Passenger Corporation (Amtrak);
and the Senate agree to the same.
Amendment numbered 148.
That the House recede from its disagreement to the
amendment of the Senate numbered 148, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
SEC. 349. Notwithstanding any other provision of law, of
amounts made available under Federal Aviation Administration
``Operations'', the FAA shall provide personnel at Dutch
Harbor, Alaska to provide real-time weather and runway
observation and other such functions to help ensure the
safety of aviation operations.
And the Senate agree to the same.
Amendment numbered 149.
That the House recede from its disagreement to the
amendment of the Senate numbered 149, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
[[Page 2212]]
SEC. 350. DEPARTMENT OF TRANSPORTATION VOLUNTARY SEPARATION
INCENTIVE PAYMENTS.
(a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the following agencies of the
Department of Transportation:
(A) the United States Coast Guard;
(B) the Research and Special Programs Administration;
(C) the St. Lawrence Seaway Development Corporation;
(D) the Office of the Secretary; and
(E) the Federal Railroad Administration;
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed
by the agency serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the agency;
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under the applicable retirement system referred to
in subparagraph (A);
(C) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation incentive
payment under section 3 of such Act;
(E) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this section or any other authority and has not repaid such
payment;
(F) an employee covered by statutory reemployment rights
who is on transfer to another organization;
(G) any employee who, during the twenty-four month period
preceding the date of separation, has received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or who, within the twelve month period preceding
the date of separation, received a retention allowance under
section 5754 of title 5, United States Code; or
(H) any employee who, upon separation and application,
would be eligible for an immediate annuity under subchapter
III of chapter 83 or chapter 84 of title 5, United States
Code (or another retirement system for employees of the
agency), other than an annuity subject to a reduction under
section 8339(h) or 8415(f) of such title (or corresponding
provisions of another retirement system for employees of the
agency).
(b) Agency Strategic Plan.--
(1) In general.--The head of an agency, prior to obligating
any resources for voluntary separation incentive payments,
shall submit to the House and Senate Committees on
Appropriations and the Committee on Governmental Affairs of
the Senate and the Committee on Government Reform and
Oversight of the House of Representatives a strategic plan
outlining the intended use of such incentive payments and a
proposed organizational chart for the agency once such
incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) Authority To Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive payment
under this section may be paid by an agency to any employee
only to the extent necessary to eliminate the positions and
functions identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code; or
(ii) an amount determined by an agency head not to exceed
$25,000 in fiscal year 1997;
(D) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(E) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
(3) Limitation.--No amount shall be payable under this
section based on any separation occurring before the date of
the enactment of this Act, or after September 30, 1997.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit to the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent
of the final basic pay of each employee of the agency who is
covered under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--
An individual who has received a voluntary separation
incentive payment under this section and accepts any
employment for compensation with the Government of the United
States, or who works for any agency of the United States
Government through a personal services contract, within 5
years after the date of the separation on which the payment
is based shall be required to pay, prior to the individual's
first day of employment, the entire amount of the incentive
payment to the agency that paid the incentive payment.
(f) Reductions of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in an agency shall be reduced by one position for
each vacancy credited by the separation of any employee who
has received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of
this subsection, positions shall be counted on a full-time-
equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor each agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Effective Date.--This section shall take effect October
1, 1996.
And the Senate agree to the same.
Amendment numbered 151.
That the House recede from its disagreement to the
amendment of the Senate numbered 151, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
SEC. 351. TREATMENT OF CERTAIN PENDING CHILD CUSTODY CASES IN
SUPERIOR COURT OF DISTRICT OF COLUMBIA.
(a) In General.--Subchapter II of chapter 9 of title 11,
District of Columbia Code, is amended by adding at the end
the following new section:
``Sec. 11-925. Rules regarding certain pending child custody
cases
``(a) In any pending case involving custody over a minor
child or the visitation rights of a parent of a minor child
in the Superior Court which is described in subsection (b)--
``(1) at any time after the child attains 13 years of age,
the party to the case who is described in subsection (b)(1)
may not have custody over, or visitation rights with, the
child without the child's consent; and
``(2) if any person had actual or legal custody over the
child or offered safe refuge to the child while the case (or
other actions relating to the case) was pending, the court
may not deprive the person of custody or visitation rights
over the child or otherwise impose sanctions on the person on
the grounds that the person had such custody or offered such
refuge.
``(b) A case described in this subsection is a case in
which--
``(1) the child asserts that a party to the case has been
sexually abusive with the child;
``(2) the child has resided outside of the United States
for not less than 24 consecutive months;
``(3) any of the parties to the case has denied custody or
visitation to another party in violation of an order of the
court for not less than 24 consecutive months; and
``(4) any of the parties to the case has lived outside of
the District of Columbia during such period of denial of
custody or visitation.''.
(b) Clerical Amendment.--The table of sections for
subchapter II of chapter 9 of title 11, D.C. Code, is amended
by adding at the end the following new item:
``11-925. Rules regarding certain pending child custody cases.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to cases brought in the Superior Court of the District
of Columbia before, on, or after the date of the enactment of
this Act.
(2) Continuation of provisions until termination.--The
provisions of section 11-925, District of Columbia Code (as
added by subsection (a)), shall apply to any case described
in paragraph (1) until the termination of the case.
And the Senate agree to the same.
Amendment numbered 152.
That the House recede from its disagreement to the
amendment of the Senate numbered 152, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 352. Not later than December 31, 1997, the
Administrator of the Federal Aviation Administration shall--
(a) take such action as may be necessary to provide for an
independent assessment of the acquisition management system
of the Federal Aviation Administration that includes a review
of any efforts of the Administrator in promoting and
encouraging the use of full and open competition as the
preferred method of procurement with respect to any contract
that involves an amount greater than $50,000,000; and
(b) submit to the Congress a report on the findings of that
independent assessment: Provided, That for purposes of this
section, the term ``full and open competition'' has the
meaning provided that term in section 4(6) of the Office
[[Page 2213]]
of Federal Procurement Policy Act (41 U.S.C. 403(6)).
And the Senate agree to the same.
Amendment numbered 157.
That the House recede from its disagreement to the
amendment of the Senate numbered 157, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 356. Of the funds made available to the Federal
Railroad Administration, up to $200,000 may be made available
from the Office of the Administrator to establish and operate
the Institute for Railroad Safety as authorized by the Swift
Rail Development Act of 1994.
And the Senate agree to the same.
Amendment numbered 167.
That the House recede from its disagreement to the
amendment of the Senate numbered 167, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
SEC. 409. TRANSFER OF FUNDS AMONG MINNESOTA HIGHWAY PROJECTS.
(a) In General.--Such portions of the amounts appropriated
for the Minnesota highway projects described in subsection
(b) that have not been obligated as of December 31, 1996,
shall be made available to carry out the 34th Street Corridor
Project in Moorhead, Minnesota, authorized by section
149(a)(5)(A)(iii) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17; 101
Stat. 181) (as amended by section 340(a) of the National
Highway System Designation Act of 1995 (Public Law 104-59;
109 Stat. 607)).
(b) Projects.--The Minnesota highway projects described in
this subsection are--
(1) the project for Saint Louis County authorized by
section 149(a)(76) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17; 101
Stat. 192); and
(2) the project for Nicollet County authorized by item 159
of section 1107(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2056).
Sec. 410. Item 52 in the table contained in Section
1106(a)(2) and items 19 and 20 in the table contained in
Section 1107(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2037-2059) are each amended
by inserting ``Mifflin, Fulton and Clearfield,'' after
``Franklin,''.
And the Senate agree to the same.
Frank R. Wolf,
Tom DeLay,
Ralph Regula,
Harold Rogers,
Jim Lightfoot,
Ron Packard,
Sonny Callahan,
Jay Dickey,
Martin Olav Sabo,
Richard J. Durbin (except amendments 150 and 151 and
amendment 158),
Ronald Coleman,
Thomas M. Foglietta,
David R. Obey,
Managers on the Part of the House.
Mark O. Hatfield,
Pete V. Domenici (except amendment 150),
Arlen Specter,
Christopher S. Bond,
Slade Gorton,
Richard C. Shelby,
Frank R. Lautenberg,
Robert C. Byrd (except amendment 150),
Tom Harkin,
Barbara Mikulski,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. WOLF, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. BEREUTER, announced that pursuant to
clause 7 of rule XV the yeas and nays were ordered, and the call was
taken by electronic device.
It was decided in the
Yeas
395
<3-line {>
affirmative
Nays
19
para.109.20 [Roll No. 419]
YEAS--395
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fields (LA)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--19
Barrett (WI)
Beilenson
Berman
Cooley
Filner
Frank (MA)
Hancock
Hoekstra
Jacobs
Klug
Markey
Neal
Neumann
Olver
Royce
Sanford
Sensenbrenner
Stockman
Stump
NOT VOTING--19
Brown (CA)
Collins (IL)
Collins (MI)
Cubin
de la Garza
Durbin
Fazio
Fields (TX)
Furse
Ganske
Gibbons
Hastings (FL)
Hayes
Heineman
Herger
Jefferson
Johnston
Peterson (FL)
Torkildsen
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.109.21 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed bills and a concurrent resolution
of the following titles, in which the concurrence of the House is
requested:
S. 1080. An Act to amend chapters 83 and 84 of title 5,
United States Code, to provide additional investment funds
for the Thrift Savings Plan, to permit employees to gain
additional liquidity in their Thrift Savings Accounts, and
for other purposes;
[[Page 2214]]
S. 1965. An Act to prevent the illegal manufacturing and
use of methamphetamine;
S. 2085. An Act to authorize the Capital Guide Service to
accept voluntary services; and
S. Con. Res. 71. Concurrent resolution expressing the sense
of the Senate with respect to the persecution of Christians
worldwide.
para.109.22 notice requirement--consideration of resolution--question
of privileges
Mr. LEWIS of Georgia, pursuant to clause 2(a)(1) of rule IX, announced
his intention to call up the following resolution, as a question of the
privileges of the House:
Whereas on December 6, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, nonpartisan investigation of
allegations of ethical misconduct by Speaker Newt Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgment concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives:
Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct shall immediately release to the public the outside
counsel's report on Speaker Newt Gingrich, including any
conclusions, recommendations, attachments, exhibits or
accompanying material.
The SPEAKER pro tempore, Mr. McINNIS, responded to the foregoing
notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days. The Chair will announce that designation at a later
time.
``A determination as to whether the resolution constitutes a question
of privilege will be made at that later time.''.
para.109.23 subpoena
The SPEAKER pro tempore, Mr. McINNIS, laid before the House the
following communication from Mr. BLILEY :
U.S. House of Representatives,
Committee on Commerce,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Reid Stuntz, currently the minority general counsel of
the Committee on Commerce and formerly the staff director and
chief counsel for the Subcommittee on Oversight and
Investigations for the Committee on Energy and Commerce, has
been served with a subpoena issued by the U.S. District Court
for the District of Columbia in the matter of United States
v. Jeffrey M. Levine, Cr. No. 94-034.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
Thomas J. Bliley, Jr.
para.109.24 subpoena response
The SPEAKER pro tempore, Mr. McINNIS, laid before the House the
following communication from Mr. BLILEY :
U.S. House of Representatives,
Committee on Commerce,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that a trial subpoena (for documents and testimony) issued by
the U.S. District Court for the District of Columbia in the
matter of United States v. Jeffrey M. Levine, Cr. No. 94-034,
has been served on me.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
Thomas J. Bliley, Jr.
para.109.25 subpoena response
The SPEAKER pro tempore, Mr. McINNIS, laid before the House the
following communication from Mr. BLILEY :
U.S. House of Representatives,
Committee on Commerce,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that a trial subpoena (for documents and testimony) issued by
the U.S. District Court for the District of Columbia in the
matter of United States v. Jeffrey M. Levine, Cr. No. 94-034,
has been served on me as custodian of records for the
Subcommittee on Oversight and Investigations of the Committee
on Commerce.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
Thomas J. Bliley, Jr.
para.109.26 subpoena response
The SPEAKER pro tempore, Mr. McINNIS, laid before the House the
following communication from Mr. DINGELL :
House of Representatives,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that a subpoena (for documents and testimony) issued by the
U.S. District Court for the District of Columbia in the
matter of United States v. Jeffrey M. Levine, Cr. No. 94-034,
has been served on me.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
John D. Dingell,
Member of Congress.
para.109.27 senate bill and concurrent resolution referred
A concurrent resolution of the Senate of the following title was taken
from the Speaker's table and, under the rule, referred as follows:
S. 2085. Bill to authorize the Capitol Guide Service to
accept voluntary services. Passed Senate Sept. 17, 1996.
S. Con. Res. 67. Concurrent resolution to authorize
printing of the report of the Commission on Protecting and
Reducing Government Secrecy; to the Committee on House
Oversight.
para.109.28 leave of absence
By unanimous consent, leave of absence was granted--
To Mrs. COLLINS of Illinois, for today; and
To Miss COLLINS of Michigan, for today.
And then,
para.109.29 adjournment
On motion of Mr. SAXTON, at 6 o'clock and 34 minutes p.m., the House
adjourned.
para.109.30 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calender, as follows:
Mr. SOLOMON: Committee on Rules. H.R. 3024. A bill to
provide a process leading to full self-government for Puerto
Rico; with an amendment (Rept. No. 104-713 Pt. 2). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. BLILEY: Committee on Commerce. H.R. 2988. A bill to
amend the Clean Air Act to provide that traffic signal
synchronization projects are exempt from certain requirements
of Environmental Protection Agency rules; with an amendment
(Rept. No. 104-807). Referred to the Committee of the Whole
House on the State of the Union.
para.109.31 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. EWING (for himself, Mr. Buyer, Mr. Poshard, Mr.
Barcia of Michigan, Mr. Hastert, Mr. Latham, Mr.
Manzullo, Mr. LaHood, Mr. Ganske, Mr. Bereuter, Mr.
Bunning of Kentucky, Mr. Gillmor, Mr. Weller, Mr.
McIntosh, Mr. Deal of Georgia, Mr. Lightfoot, Mr.
Coble, Mr. Boehner, Mr. Leach, Mr. Miller of Florida,
Mr. Nethercutt, Mr. Barrett of Nebraska, Mr. Peterson
of Minnesota, Mr. Rose, Mr. Lucas, Mr. Combest, Mr.
McHugh, and Mr. Towns):
H.R. 4102. A bill to provide regulatory relief for certain
farm transportation of haz
[[Page 2215]]
ardous materials; to the Committee on Transportation and
Infrastructure.
By Mr. BILIRAKIS:
H.R. 4103. A bill to amend title 10, United States Code, to
provide limited authority for concurrent payment of retired
pay and veterans' disability compensation for certain
disabled veterans; to the Committee on National Security, and
in addition to the Committee on Veterans' Affairs, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BRYANT of Tennessee:
H.R. 4104. A bill to amend title 10, United States Code, to
establish a sentence under the Uniform Code of Military
Justice of confinement for life without eligibility for
parole and to provide that a decision to deny parole for a
military offender serving a sentence of confinement for life
may be appealed only to the President; to the Committee on
National Security.
By Mr. GRAHAM (for himself, Mr. Funderburk, Mr. Kasich,
Mr. Largent, Mr. Sensenbrenner, Mr. Stockman, Mr.
Miller of Florida, Mr. Talent, Mr. Hayworth, Mr.
Dornan, Mr. Scarborough, Mr. Barton of Texas, Mr.
Inglis of South Carolina, Mr. Rohrabacher, Mr. Hoke,
Mr. Herger, Mr. LaHood, Mr. Smith of Michigan, Mr.
Istook, Mr. Barr, Mr. Shadegg, Mr. Hilleary, Mr.
Hostettler, Mr. Boehner, Mr. Forbes, Ms. Dunn of
Washington, Mr. Bryant of Tennessee, Mr. Chambliss,
Mr. McIntosh, Mr. Wicker, Mrs. Myrick, Mr.
Radanovich, Mr. Solomon, Mr. Cooley, Mr. Jones, Mr.
Wamp, Mr. Chabot, Mr. Watts of Oklahoma, Mr. Sam
Johnson, Mr. Burton of Indiana, Mr. Norwood, Mr.
Knollenberg, Mr. Laughlin, Mr. Bartlett of Maryland,
Mr. Hastert, Mr. Thornberry, Mrs. Smith of
Washington, Mr. McKeon, Mr. Taylor of North Carolina,
Mrs. Seastrand, Mr. Stump, and Mr. Deal of Georgia):
H.R. 4105. A bill to repeal the Goals 2000: Educate America
Act to allow local areas to develop elementary and secondary
education programs that meet their needs; to the Committee on
Economic and Educational Opportunities.
By Mrs. JOHNSON of Connecticut (for herself, Mr.
Castle, Mr. Clinger, Mr. Houghton, Mr. Serrano, Mr.
Bachus, and Mr. Lewis of Georgia):
H.R. 4106. A bill to amend the Internal Revenue Code of
1986 to provide that 0.5 cent of the general revenue portion
of the highway motor fuel taxes shall be deposited into an
intercity passenger rail trust fund and to deposit the
remainder of such portion into the highway trust fund; to the
Committee on Ways and Means, and in addition to the Committee
on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PETERSON of Minnesota:
H.R. 4107. A bill to direct the Administrator of the
Environmental Protection Agency to revise water quality
criteria for ammonia, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. RICHARDSON (for himself, Mr. Schiff, Mr. Crapo,
and Ms. Furse):
H.R. 4108. A bill to authorize the sale of excess
Department of Defense aircraft to facilitate the suppression
of wildfire; to the Committee on Government Reform and
Oversight, and in addition to the Committee on Agriculture,
and National Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. ROTH:
H.R. 4109. A bill to extend the authority for certain
export programs, and for other purposes; to the Committee on
International Relations.
By Mr. STARK:
H.R. 4110. A bill to amend the Internal Revenue Code of
1986 to require that group health plans and insurers offer
access to coverage for children and to assist families in the
purchase of such coverage; to the Committee on Ways and
Means.
By Mr. STUDDS (for himself, Mr. Fox, Mr. Moakley, Mr.
Torkildsen, Mr. Kennedy of Massachusetts, Mr. Frank
of Massachusetts, Mr. Meehan, Mr. Neal of
Massachusetts, Mr. Markey, and Mr. Olver):
H.R. 4111. A bill to provide educational assistance to the
dependents of Federal law enforcement officials who are
killed or are permanently and totally disabled in the line of
duty; to the Committee on the Judiciary.
By Mr. TAYLOR of North Carolina:
H.R. 4112. A bill to provide for the settlement of claims
of Swain County, NC, against the United States arising under
the agreement entered into on July 30, 1943, by the Tennessee
Valley Authority, the State of North Carolina, Swain County,
NC, and the United States; to the Committee on Resources.
By Mr. VENTO:
H.R. 4113. A bill to regulate the use by interactive
computer services of personally identifiable information
provided by subscribers to such services; to the Committee on
Commerce.
para.109.32 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 559: Mr. Lantos.
H.R. 580: Mr. Cummings.
H.R. 789: Mr. Martini, Mr. Myers of Indiana, and Mr.
Stenholm.
H.R. 1130: Mr. Herger.
H.R. 1148: Mr. Canady.
H.R. 1386: Ms. Danner.
H.R. 1434: Mr. Kleczka.
H.R. 1462: Mr. Romero-Barcelo, Mr. Bono, and Mr. Norwood.
H.R. 1619: Mr. Spratt.
H.R. 1889: Mr. LaHood, Mr. Ward, Mr. Browder, and Mr.
Kennedy of Massachusetts.
H.R. 2011: Mr. McHugh.
H.R. 2400: Mrs. Chenoweth, Mr. DeFazio, Mr. Baker of
Louisiana, Mr. Hinchey, and Mr. Longley.
H.R. 2508: Mr. Bryant of Tennessee, Mr. Bishop, Mr.
Sensenbrenner, Mrs. Myrick, and Mr. Kasich.
H.R. 2579: Mr. Calvert
H.R. 2900: Mr. Davis, Mrs. Chenoweth, Mr. Kim, Mr. Skelton,
Mr. Sisisky, Mr. Burr, Mr. Linder, Mr. Bryant of Tennessee,
Mr. Hunter, Mr. Rohrabacher, Mr. Hobson, Mr. Porter, Mr.
Goodlatte, Mr. Packard, and Mr. Manzullo.
H.R. 2976: Mr. Baker of Louisiana, Mr. Brownback, Ms.
Danner, Mr. Graham, Mr. King, and Mr. Payne of Virginia.
H.R. 3052: Ms. Slaughter.
H.R. 3059: Mr. Green of Texas.
H.R. 3142: Mr. Gilchrest.
H.R. 3239: Mr. Hutchinson.
H.R. 3307: Mr. Crane.
H.R. 3356: Mr. Hutchinson.
H.R. 3391: Mr. Burton of Indiana.
H.R. 3393: Mr. Olver.
H.R. 3401: Mr. Norwood and Mr. Longley.
H.R. 3462: Mr. Waxman and Mr. Kleczka.
H.R. 3508: Mr. Salmon.
H.R. 3514: Mr. Norwood.
H.R. 3551: Mr. Serrano and Ms. Ros-Lehtinen.
H.R. 3645: Mr. Clinger, Mr. Houghton, Mrs. Kelly, Mr.
Hayes, Mr. Blute, Mr. Schaefer, Mr. McHugh, and Mr. Barrett
of Wisconsin.
H.R. 3714: Mr. Blute, Mrs. Thurman, Mr. Laughlin, Mr.
Abercrombie, Mr. Combest, Mr. Skaggs, Mr. Herger, Ms.
Lofgren, Mr. Hilliard, and Mr. Lazio of New York.
H.R. 3733: Ms. Lofgren.
H.R. 3787: Mr. Johnston of Florida.
H.R. 3895: Mr. Green of Texas, Mr. Barrett of Wisconsin,
Mr. Baker of Louisiana, and Mr. Bachus.
H.R. 4027: Mr. Ramstad and Mrs. Myrick.
H.R. 4056: Mr. Abercrombie.
H.R. 4062: Mr. Gingrich.
H. Con. Res. 21: Mr. Hoyer, Mr. Kennedy of Massachusetts,
Ms. Danner, Mr. Pastor, and Mr. Torres.
H. Con. Res. 51: Mr. Bereuter.
H. Con. Res. 63: Mr. Hastings of Florida.
H. Res. 423: Mr. Quinn and Mr. Fox.
H. Res. 490: Mr. Underwood and Mr. Lipinski.
H. Res. 515: Mrs. Smith of Washington, Mr. Souder, Mr.
Frank of Massachusetts, Mr. Dornan, Mr. Clement, Mr. Durbin,
Mrs. Morella, Mr. Lipinski, Mr. Porter, Mr. Watts of
Oklahoma, Mr. Evans, Mr. Lantos, Mr. Hoyer, Mr. Bunn of
Oregon, and Mr. Hoke.
.
THURSDAY, SEPTEMBER 19, 1996 (110)
The House was called to order by the SPEAKER.
para.110.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Wednesday, September 18, 1996.
Mr. LaHOOD, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER announced that the yeas had it.
Mr. LaHOOD objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pursuant to clause 5, rule I, announced that the vote
would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.110.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5210. A letter from the Secretaries of Education and Labor,
transmitting a report on activities carried out under the
School-to-Work Opportunities Act; to the Committee on
Economic and Educational Opportunities.
5211. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans and Redesignation of
Puget Sound, Washington, for Air Quality Planning Purposes:
Ozone [FRL-5613-3] received September 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
[[Page 2216]]
5212. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Approval
and Promulgation of State Implementation Plan for Montana;
Libby Moderate PM10 Nonattainment Area [FRL-5609-8] received
September 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5213. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Operating Permits
Program Interim Approval Extensions [FRL-5612-3] received
September 19, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5214. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Delaware; Final
Approval of State Underground Storage Tank Program [FRL-5614-
6] received September 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5215. A letter from the Inspector General, Environmental
Protection Agency, transmitting the annual report to Congress
summarizing the Office of Inspector General's work in the
Environmental Protection Agency's Superfund Program for
fiscal 1995, pursuant to Public Law 99-499, section 120(e)(5)
(100 Stat. 1669); to the Committee on Commerce.
5216. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Oman
(Transmittal No. 28-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
5217. A letter from the Acting Director, Defense Security
Assistance Agency, transmitting the Department of the Air
Force's proposed lease of defense articles to Oman
(Transmittal No. 25-96), pursuant to 22 U.S.C. 2796a(a); to
the Committee on International Relations.
5218. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting memorandum of
justification for use of section 506(a)(2) special authority
to draw down articles, services, and military education and
training, pursuant to Public Law 101-513, section 547(a) (104
Stat. 2019); to the Committee on International Relations.
5219. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting memorandum of
justification for use of section 506(a)(2) special authority
to draw down articles, services, and military education and
training, pursuant to Public Law 101-513, section 547(a) (104
Stat. 2019); to the Committee on International Relations.
5220. A letter from the General Counsel, Federal Emergency
Management Agency, transmitting notification of an altered
system report to amend an existing routine use in the Federal
Emergency Management Agency's Privacy Act system of records
entitled, ``FEMA/REG-2, Disaster Recovery Assistance Files,''
pursuant to 5 U.S.C. 552a(e)(11); to the Committee on
Government Reform and Oversight.
5221. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting; Seasons
and Bag Limits for the 1996-97 Youth Waterfowl Hunting Day
(RIN: 1018-AD69) received September 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
5222. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Western
Area Power Administration's Policy for the Purchase of Non-
Hydropower Renewable Resources (6450-01-P) received September
16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Resources.
5223. A letter from the Assistant Secretary of the Army
(Civil Works), Department of the Army, transmitting
notification that the Secretary of the Army has approved the
Poplar Island, MD, beneficial use of dredged material
project; to the Committee on Transportation and
Infrastructure.
5224. A letter from the Chief Counsel, Bureau of the Public
Debt, transmitting the Bureau's final rule--Government
Securities Act Regulations: Large Position Rule (RIN: 1505-
AA53) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5225. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Compliance with Tax-Exempt Bond Arbitrage Requirements
(Notice 96-49) received September 18, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5226. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Regulatory Reinvention Initiative--Request for Comments
(Notice 96-35) received September 12, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5227. A letter from the Acting Assistant Secretary for
Legislative Affairs, Department of State, transmitting
notification of the Department's intent to provide $100,000
in fiscal year 1996 funds made available under chapter 6 of
part II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996, in the form of a
voluntary contribution to the International Organization for
Migration [IOM] for the use of the Commission for Real
Property Claims of Displaced Persons and Refugees in Bosnia
and Herzegovina, pursuant to 22 U.S.C. 2394-1(a); jointly, to
the Committees on International Relations and Appropriations.
5228. A letter from the Executive Director, Office of
Compliance, transmitting notice of proposed rulemaking for
publication in the Congressional Record, pursuant to Public
law 104-1, section 303(b) (109 Stat. 38); jointly, to the
Committees on House Oversight and Economic and Educational
Opportunities.
5229. A letter from the Board of Directors, Office of
Compliance, transmitting notice of proposed rulemaking for
publication in the Congressional Record, pursuant to Public
Law 104-1, section 304(b)(1) (109 Stat. 29); jointly, to the
Committees on House Oversight and Economic and Educational
Opportunities.
5230. A letter from the Secretary of Health and Human
Services, transmitting a draft of proposed legislation
entitled ``Military Beneficiaries Medicare Reimbursement
Model Project Act of 1996''; jointly, to the Committees on
Ways and Means, National Security, and Commerce.
para.110.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills, a joint
resolution, and a concurrent resolution of the House of the following
titles:
H.R. 1772. An Act to authorize the Secretary of the
Interior to acquire certain interests in the Waihee Marsh for
inclusion in the Oahu National Wildlife Refuge Complex;
H.R. 2909. An Act to amend the Silvio O. Conte National
Fish and Wildlife Refuge Act to provide that the Secretary of
the Interior may acquire lands for purposes of that Act only
by donation or exchange, or otherwise with the consent of the
owner of the lands;
H.R. 3676. An Act to amend title 18, United States Code, to
clarify the intent of Congress with respect to the Federal
carjacking prohibition;
H.R. 3802. An Act to amend section 552 of title 5, United
States Code, popularly known as the Freedom of Information
Act, to provide for public access to information in an
electronic format, and for other purposes;
H.J. Res. 191. Joint resolution to confer honorary
citizenship of the United States on Agnes Gonxha Bojaxhiu,
also known as Mother Teresa; and
H. Con. Res. 120. Concurrent resolution supporting the
independence and sovereignty of Ukraine and the progress of
its political and economic reforms.
The message also announced that the Senate agrees to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 3675) ``An act making
appropriations for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1997, and for other purposes.''
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 982. An Act to protect the national information
infrastructure, and for other purposes;
S. 1090. An Act to amend section 552 of title 5, United
States Code (commonly known as the Freedom of Information
Act), to provide for public access to information in an
electronic format, and for other purposes;
S. 2006. An Act to clarify the intent of Congress with
respect to the Federal carjacking prohibition; and
S. 2007. An Act to clarify the intent of Congress with
respect to the Federal carjacking prohibition.
para.110.4 point of order
Mr. PALLONE during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct, which is against the rules
of the House.''.
The SPEAKER pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair sustains the gentleman's point of order just raised. The
gentleman from New Jersey [Mr. Pallone] may proceed in order.''.
para.110.5 point of order
Mr. PALLONE further addressed the House and, during the course of his
remarks,
Mr. LINDER made a point of order and said:
``Mr. Speaker, in spite of the admonition of the Chair, the gentleman
continues to refer to matters before the Committee on Standards of
Official Conduct.''.
Mr. PALLONE was recognized to speak to the point of order and said:
``My only point, Mr. Speaker, is that a motion has been filed that
this report should be released.''.
The SPEAKER pro tempore, Mr. INGLIS, sustained the point of order, and
said:
[[Page 2217]]
``The Chair sustains the point of order raised by the gentleman from
Georgia [Mr. Linder], and the gentleman from New Jersey [Mr. Pallone]
must suspend any reference to that matter, since the resolution is not
under consideration in the House at this time.''.
para.110.6 point of order
Mr. VOLKMER during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order and said:
``Mr. Speaker, the gentleman has been here long enough to know the
rules of the House. He shows it on the floor of the House all the time.
He is abusing the rules of the House by referring to matters before the
Committee on Standards of Official Conduct.''.
The SPEAKER pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair sustains the point of order, and would permit the
gentleman from Missouri [Mr. Volkmer] to proceed in order.''.
para.110.7 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. LINDER made a point of order and said:
``The gentleman is continuing to refer to matters before the Committee
on Standards of Official Conduct.''.
The SPEAKER pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair would sustain the point of order of the gentleman from
Georgia [Mr. Linder] and would remind Members that it is inappropriate
to refer to the Members of the Committee on Standards of Official
Conduct and their work.''.
para.110.8 notice requirement--consideration of resolution--question of
privileges
Mr. LINDER, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up the following resolution, as a question of the
privileges of the House:
Whereas, a complaint filed against Rep. Gephardt alleges
House Rules have been violated by Rep. Gephardt's concealment
of profits gained through a complex series of real estate tax
exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws or regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in complex matters involving complaints hired outside counsel
with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Office Conduct is
responsible for determining whether Rep. Gephardt's financial
transactions violated standards of conduct or specific rules
of House of Representatives and;
Whereas, the complaint against Rep. Gephardt has been
languishing before the committee for more than seven months
and the integrity of the ethics process and the manner in
which Members are disciplined is called into question; now,
be it
Resolved, That the Committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of this matter.
Resolved, That all relevant materials presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
to determine whether the committee should proceed to a
preliminary inquiry.
The SPEAKER pro tempore, Mr. INGLIS, responded to the foregoing
notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days. The Chair will announce that designation at a later
time.
``A determination as to whether the resolution constitutes a question
of privilege will be made at that later time.''.
para.110.9 administrative dispute resolution
On motion of Mr. HYDE, by direction of the Committee on the Judiciary
and pursuant to clause 1 of rule XX, the bill (H.R. 2977) to reauthorize
alternative means of dispute resolution in the Federal administrative
process, and for other purposes; together with the amendments of the
Senate thereto, was taken from the Speaker's table.
When on motion of Mr. HYDE, it was,
Resolved, That the House disagree to the amendments of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. INGLIS, by unanimous consent,
appointed of Messrs. Hyde, Gekas, Flanagan, Conyers, and Reed as
managers on the part of the House at said conference.
Ordered, That the Clerk notify the Senate thereof.
para.110.10 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. INGLIS, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Wednesday, September 18, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. INGLIS, announced that the yeas had it.
Mr. CANADY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
339
Nays
58
When there appeared
<3-line {>
Answered present
1
para.110.11 [Roll No. 420]
YEAS--339
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Boucher
Brewster
Browder
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Foglietta
Foley
Forbes
Ford
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Gallegly
Gejdenson
Gekas
Geren
Gilchrest
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefner
Herger
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, Sam
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lantos
Largent
Laughlin
Lazio
Leach
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pomeroy
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Rahall
Rangel
Reed
Regula
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
[[Page 2218]]
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Studds
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thornberry
Thurman
Tiahrt
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Waxman
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--58
Abercrombie
Bonior
Borski
Brown (CA)
Bunn
Clay
Clyburn
Collins (IL)
Collins (MI)
Cooley
Crane
Dingell
English
Ensign
Everett
Fazio
Flake
Flanagan
Fox
Funderburk
Gephardt
Gibbons
Gillmor
Green (TX)
Gutknecht
Hefley
Hilleary
Hilliard
Hinchey
Hutchinson
Jacobs
Johnson, E. B.
Jones
Latham
Levin
Lewis (GA)
Lewis (KY)
Lipinski
Markey
Miller (CA)
Pickett
Pombo
Poshard
Ramstad
Rush
Sabo
Schroeder
Stockman
Stupak
Taylor (MS)
Thompson
Torkildsen
Vento
Visclosky
Volkmer
Watts (OK)
Weller
Zimmer
ANSWERED ``PRESENT''--1
Harman
NOT VOTING--35
Beilenson
Bentsen
Bono
Chapman
Clayton
Conyers
de la Garza
DeFazio
Dickey
Dicks
Dornan
Fields (LA)
Fields (TX)
Filner
Furse
Ganske
Hastings (FL)
Hayes
Heineman
Johnston
Kasich
LaFalce
LaTourette
Lewis (CA)
Longley
McDermott
McNulty
Menendez
Peterson (FL)
Richardson
Stark
Stump
Thornton
Williams
Wilson
So the Journal was approved.
para.110.12 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Sherman Williams, one of his
secretaries.
para.110.13 partial birth abortion ban
Mr. CANADY submitted a privileged motion to discharge the Committee on
the Judiciary from the further consideration of the bill (H.R. 1833) to
amend title 18, United States Code to ban partial-birth abortions.
After debate,
By unanimous consent, the previous question was ordered on the motion
to discharge the Committee on the Judiciary.
The question being put, viva voce,
Will the House agree to said motion?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. CANADY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
288
When there appeared
<3-line {>
Nays
133
para.110.14 [Roll No. 421]
YEAS--288
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Eshoo
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frisa
Funderburk
Gallegly
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kennedy (MA)
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Meyers
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--133
Abercrombie
Ackerman
Andrews
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Boehlert
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Franks (CT)
Frelinghuysen
Frost
Gejdenson
Gibbons
Gilman
Gonzalez
Green (TX)
Greenwood
Gutierrez
Harman
Hastings (FL)
Hilliard
Hinchey
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Kelly
Kennelly
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Morella
Nadler
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Rangel
Reed
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Ward
Waters
Watt (NC)
Waxman
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--12
Dicks
Fields (LA)
Fields (TX)
Furse
Ganske
Hayes
Heineman
Johnston
Lincoln
Longley
Peterson (FL)
Thornton
So the motion was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
Accordingly,
110.15 unfinished business veto of H.R. 1833
The SPEAKER pro tempore, Mr. LaHOOD, announced the unfinished business
to be the consideration of the veto of the bill (H.R. 1833) to amend
title 18, United States Code to ban partial-birth abortions.
The question being on the passage of the bill, the objections of the
President to the contrary notwithstanding.
After debate,
By unanimous consent, the previous question was ordered on the bill.
The question being put,
Will the House, upon reconsideration, agree to pass the bill, the
objections of the President to the contrary notwithstanding?
[[Page 2219]]
It was decided in the
Yeas
285
<3-line {>
affirmative
Nays
137
para.110.16 [Roll No. 422]
YEAS--285
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dingell
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frisa
Funderburk
Gallegly
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Jefferson
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kennedy (RI)
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manton
Manzullo
Martinez
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McNulty
Metcalf
Mica
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--137
Abercrombie
Ackerman
Andrews
Baldacci
Becerra
Beilenson
Bentsen
Berman
Bishop
Blumenauer
Boehlert
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
DeFazio
DeLauro
Dellums
Deutsch
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Ford
Frank (MA)
Franks (CT)
Frelinghuysen
Frost
Gejdenson
Gibbons
Gilman
Gonzalez
Green (TX)
Greenwood
Gutierrez
Harman
Hastings (FL)
Hilliard
Hinchey
Horn
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Johnson (CT)
Johnson, E.B.
Kelly
Kennedy (MA)
Kennelly
Kolbe
Lantos
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Matsui
McCarthy
McDermott
McKinney
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Mink
Morella
Nadler
Olver
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Rangel
Reed
Richardson
Rivers
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Thompson
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Zimmer
NOT VOTING--12
Dicks
Fields (LA)
Fields (TX)
Furse
Ganske
Hayes
Heineman
Johnston
Lincoln
Longley
Peterson (FL)
Thornton
The SPEAKER pro tempore, Mr. LaHOOD, announced that 285 Members had
voted in the affirmative and 137 Members had voted in the negative.
So, two-thirds of the Members present having voted in favor thereof,
the bill was passed, the objections of the President to the contrary
notwithstanding.
Ordered, That the Clerk notify the Senate thereof.
para.110.17 privileges of the house
Mr. LINDER rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 524):
Whereas, a complaint filed against Representative Gephardt
alleges House Rules have been violated by Representative
Gephardt's concealment of profits gained through a complex
series of real estate tax exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws or regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in complex matters involving complaints hired outside counsel
with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Official Conduct is
responsible for determining whether Representative Gephardt's
financial transactions violated standards of conduct or
specific rules of House of Representatives and;
Whereas, the complaint against Representative Gephardt has
been languishing before the committee for more than seven
months and the integrity of the ethics process and the manner
in which Members are disciplined is called into question; now
be it
Resolved that the Committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of this matter.
Resolved that all relevant materials presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
to determine whether the committee should proceed to a
preliminary inquiry.
The SPEAKER pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
``The resolution constitutes a question of privilege under rule IX.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. ARMEY demanded a recorded vote on motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
395
It was decided in the
Nays
9
<3-line {>
affirmative
Answered present
10
para.110.18 [Roll No. 423]
AYES--395
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Gallegly
[[Page 2220]]
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--9
Doyle
Holden
Kanjorski
Klink
McDermott
McHale
Quinn
Taylor (MS)
Walsh
ANSWERED ``PRESENT''--10
Borski
Cardin
Cooley
Gephardt
Goss
Hobson
Johnson (CT)
Pelosi
Sawyer
Schiff
NOT VOTING--19
Conyers
Dicks
Fields (LA)
Fields (TX)
Furse
Ganske
Gibbons
Hayes
Heineman
Johnston
Kaptur
Kennedy (RI)
Lincoln
Longley
Meyers
Peterson (FL)
Quillen
Stockman
Thornton
So the motion to lay the resolution on the table was agreed to.
para.110.19 waiving requirements of cluase 4(b), rule XI
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-809) the resolution (H. Res. 525) waiving a requirement of
clause 4(b) of rule XI with respect to consideration of certain
resolutions reported from the Committee on Rules, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.110.20 privileges of the house
Mr. LEWIS of Georgia, rose to a question of the privileges of the
House and submitted the following resolution (H. Res. 526):
Whereas on December 6, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, nonpartisan investigation of
allegations of ethical misconduct by Speaker Newt Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgment concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives:
Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct shall immediately release to the public the outside
counsel's report on Speaker Newt Gingrich, including any
conclusions, recommendations, attachments, exhibits or
accompanying material.
The SPEAKER pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
``The resolution constitutes a question of privilege under rule IX.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. BONIOR demanded a recorded vote on motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
225
It was decided in the
Nays
179
<3-line {>
affirmative
Answered present
10
para.110.21 [Roll No. 424]
AYES--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--179
Abercrombie
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dingell
Dixon
Doggett
[[Page 2221]]
Dooley
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gibbons
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Spratt
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
ANSWERED ``PRESENT''--10
Borski
Cardin
Cooley
Gephardt
Goss
Hobson
Johnson (CT)
Pelosi
Sawyer
Schiff
NOT VOTING--19
Ackerman
Cox
Dicks
Fields (LA)
Fields (TX)
Funderburk
Furse
Ganske
Hayes
Heineman
Johnston
Kaptur
Lincoln
Longley
Peterson (FL)
Quillen
Stark
Stockman
Thornton
So the motion to lay the resolution on the table was agreed to.
para.110.22 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Friday, September 20, 1996,
it adjourn to meet on Monday, September 23, 1996, at 12:00 noon.
para.110.23 hour of meeting
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns on Monday, September 23, 1995,
it adjourn to meet at 10:30 a.m. on Tuesday, September 24, 1996.
para.110.24 calendar wednesday business dispensed with
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That business in order for consideration on Wednesday,
September 25, 1996, under clause 7, rule XXIV, the Calendar Wednesday
rule, be dispensed with.
para.110.25 message from the president--national emergency with respect
to angola
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, laid before the
House a message from the President, which was read as follows:
To the Congress of the United States:
I hereby report to the Congress on the developments since March 25,
1996, concerning the national emergency with respect to Angola that was
declared in Executive Order 12865 of September 26, 1993. This report is
submitted pursuant to section 401(c) of the National Emergencies Act, 50
U.S.C. 1641(c), and section 204(c) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(c).
On September 26, 1993, I declared a national emergency with respect to
Angola, invoking the authority, inter alia, of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the United
Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with
United Nations Security Council Resolution 864, dated September 15,
1993, the order prohibited the sale or supply by United States persons
or from the United States, or using U.S.-registered vessels or aircraft,
of arms and related materiel of all types, including weapons and
ammunition, military vehicles, equipment and spare parts, and petroleum
and petroleum products to the territory of Angola other than through
designated points of entry. The order also prohibited such sale or
supply to the National Union for the Total Independence of Angola
(``UNITA''). United States persons are prohibited from activities that
promote or are calculated to promote such sales or supplies, or from
attempted violations, or from evasion or avoidance or transactions that
have the purpose of evasion or avoidance, of the stated prohibitions.
The order authorized the Secretary of the Treasury, in consultation with
the Secretary of State, to take such actions, including the promulgation
of rules and regulations, as might be necessary to carry out the
purposes of the order.
1. On December 10, 1993, the Secretary of the Treasury's Office of
Foreign Assets Control (OFAC) issued the UNITA (Angola) Sanctions
Regulations (the ``Regulations'') (58 Fed. Reg. 64904) to implement the
President's declaration of a national emergency and imposition of
sanctions against Angola (UNITA). There have been no amendments to the
Regulations since my report of March 25, 1996.
The Regulations prohibit the sale or supply by United States persons
or from the United States, or using U.S.-registered vessels or
aircraft, of arms and related materiel of all types, including weapons
and ammunition, military vehicles, equipment and spare parts, and
petroleum and petroleum products to UNITA or to the territory of Angola
other than through designated points. United States persons are also
prohibited from activities that promote or are calculated to promote
such sales or supplies to UNITA or Angola, or from any transaction by
any United States persons that evades or avoids, or has the purpose of
evading or avoiding, or attempts to violate, any of the prohibitions
set forth in the Executive order. Also prohibited are transactions by
United States persons, or involving the use of U.S.-registered vessels
or aircraft, relating to transportation to Angola or UNITA of goods the
exportation of which is prohibited.
The Government of Angola has designated the following points of entry
as points in Angola to which the articles otherwise prohibited by the
Regulations may be shipped: Airports: Luanda and Katumbela, Benguela
Province; Ports: Luanda and Lobito, Benguela Province; and Namibe,
Namibe Province; and Entry Points: Malongo, Cabinda Province. Although
no specific license is required by the Department of the Treasury for
shipments to these designated points of entry (unless the item is
destined for UNITA), any such exports remain subject to the licensing
requirements of the Departments of State and/or Commerce.
2. The OFAC has worked closely with the U.S. financial community to
assure a heightened awareness of the sanctions against UNITA--through
the dissemination of publications, seminars, and notices to electronic
bulletin boards. This educational effort has resulted in frequent calls
from banks to assure that they are not routing funds in violation of
these prohibitions. United States exporters have also been notified of
the sanctions through a variety of media, including special fliers and
computer bulletin board information initiated by OFAC and posted
through the U.S. Department of Commerce and the U.S. Government
Printing Office. There have been no license applications under the
program.
3. The expenses incurred by the Federal Government in the 6-month
period from March 26, 1996, through September 25, 1996, that are
directly attributable to the exercise of powers and authorities
conferred by the declaration of a national emergency with respect to
Angola (UNITA) are reported to be about $227,000, most of which
represents wage and salary costs for Federal personnel. Personnel costs
were largely centered in the Department of the Treasury (particularly
in the Office of Foreign Assets Control, the U.S. Customs Service, the
Office of the Under Secretary for Enforcement, and the Office of the
General Counsel) and the Department of State (particularly the Office
of Southern African Affairs).
I will continue to report periodically to the Congress on significant
developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, September 19, 1996.
By unanimous consent, the message was referred to the Committee on
International Relations and ordered to be printed (H. Doc. 104-266).
[[Page 2222]]
para.110.26 point of order
Mr. VOLKMER during special order speeches addressed the House and,
during the course of his remarks,
Mr. WALKER made a point of order, and said:
``Mr. Speaker, the gentleman from Missouri [Mr. Volkmer] is discussing
matters that are not appropriately addressed under the rules of the
House.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair will sustain the point of order inasmuch as the gentleman
may not discuss such matters not currently pending.
``The gentleman [Mr. Volkmer] may proceed in order.''.
para.110.27 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. WALKER made a point of order, and said:
``The gentleman from Missouri [Mr. Volkmer] continues to be out of
order.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair will sustain the point of order and share at this point
the ruling of November 17, 1995:
``The prohibition against references in the debate to the
official conduct of other Members where such conduct is not
under consideration in the House includes reciting the
content of a resolution raising a question of the privileges
of the House which is no longer pending, having been tabled
by the House.
``The gentleman [Mr. Volkmer] may proceed in order.''.
para.110.28 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. WALKER made a point of order, and said:
``Mr. Speaker, the gentleman continues to be out of order, and it is
an embarassment to the House to have the gentleman continue to disobey
the rules knowingly and completely with malice.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair sustains the point of order and requests that the
gentleman [Mr. Volkmer] proceed in order as indicated by the Chair
earlier.''.
para.110.29 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. WALKER made a point of order, and said:
``The gentleman is obviously attempting to simply disobey the rules,
and the gentleman obviously has no comport to the Oath of Office that he
took earlier in this Congress and, you know, is embarassing the House
with his present disobeying of the rules, and I insist on my point of
order.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The point of order by the gentleman is sustained, and the Chair
would remind the gentleman from Missouri [Mr. Volkmer] that he may not
speak to matters which are now under consideration by the Committee on
Standards of Official Conduct or to the motivation of Members who bring
questions before the House.''.
para.110.30 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. WALKER made a point of order, and said:
``The gentleman continues to be out of order.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair sustains the point of order. * * *
``The Chair would remind the gentleman that Speakers in prior
Congresses have also supported these rulings.
``The gentleman from Missouri [Mr. Volkmer] may proceed in order.''.
para.110.31 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 982. An Act to protect the national information
infrastructure, and for other purposes.
para.110.32 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 2679. An Act to revise the boundry of the North Platte
National Wildlife Refuge, to expand the Pettaquamscutt Cove
National Wildlife Refuge, and for other purposes;
H.R. 3060. An Act to implement the Protocol on
Environmental Protection to the Antarctic Treaty;
H.R. 3396. An Act to define and protect the institution of
marriage;
H.R. 3553. An Act to amend the Federal Trade Commission Act
to authorize appropriations for the Federal Trade Commission;
and
H.R. 3816. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1997, and for other purposes.
para.110.33 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 533. To clarify the rules governing removal of cases to
Federal court, and for other purposes; and
S. 677. To repeal a redundant venue provision, and for
other purposes.
para.110.34 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
On September 19, 1996:
H.R. 2428. An Act to encourage the donation of food and
grocery products to nonprofit organizations for distribution
to needy individuals by giving the Model Good Samaritan Food
Donation Act the full force and effect of law.
para.110.35 leave of absence
By unanimous consent, leave of absence was granted to Mr. FIELDS of
Louisiana, for today.
And then,
para.110.36 adjournment
On motion of Mr. BROWN of Ohio, at 5 o'clock and 24 minutes p.m., the
House adjourned.
para.110.37 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3828. A
bill to amend the Indian Child Welfare Act of 1978, and for
other purposes (Rept. No. 104-808). Referred to the Committee
of the Whole House on the State of the Union.
Mr. SOLOMON: Committee on Rules. House Resolution 525.
Resolution waiving a requirement of clause 4(b) of rule XI
with respect to consideration of certain resolutions reported
from the Committee on Rules, and for other purposes (Rept.
No. 104-809). Referred to the House Calendar.
para.110.38 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. WILLIAMS (for himself and Mr. Oxley):
H.R. 4114. A bill to improve and expand the system of
safety of precautions that protects the welfare of
professional boxers, to assist State boxing commissions to
provide proper oversight for professional boxing, and for
other purposes; to the Committee on Economic and Educational
Opportunities, and in addition to the Committee on Commerce,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. FRAZER (for himself, Ms. McKinney, Mr. Owens,
Mr. Lewis of Georgia, Ms. Waters, Mr. Moran, Mr.
Rush, Mr. LaFalce, Mrs. Clayton, Mr. Faleomavaega,
Ms. Brown of Florida, Mr. Gene Green of Texas, Mr.
Hinchey, Mr. Brown of Ohio, Mr. Hastings of Florida,
Mr. Watt of North Carolina, Mr. Serrano, Mr. Rangel,
Ms. Kaptur, Mr. Ward, Mr. Markey, Mr. Stupak, Mr.
Wynn, Mr. Cummings, Mrs. Meek of Florida, Ms.
Jackson-Lee of Texas, and Mr. Jefferson):
H.R. 4115. A bill to require the Director of the Federal
Emergency Management Agency to study the feasibility of a
Residential Windstorm Insurance Program designed to provide
windstorm insurance to residential property owners unable to
obtain coverage in the private market and to require a study
by the Comptroller General of the United States, the
Secretary of the Treasury, and
[[Page 2223]]
the Secretary of Commerce to evaluate the public policy
issues associated with conferring favorable Federal tax
treatment to insurance reserves set aside by private insurers
for future catastropic natural disasters; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Banking and Financial Services, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NADLER (for himself, Mr. Schumer, Mr. Towns,
Mrs. Maloney, and Ms. Lofgren):
H.R. 4117. A bill to amend title VII of the Civil Rights
Act of 1964 to establish provisions with respect to religious
accommodation in employment, and for other purposes; to the
Committee on Economic and Educational Opportunities.
By Mr. HANSEN:
H.R. 4118. A bill to amend the Antiquities Act to limit the
authority of the President to designate areas in excess of
5,000 acres as national monuments, and for other purposes; to
the Committee on Resources.
By Mr. CHAMBLISS:
H.R. 4119. A bill to designate the Federal building and
U.S. courthouse located at 475 Mulberry Street in Macon, GA,
as the ``William Augustus Bootle Federal Building and United
States Courthouse''; to the Committee on Transportation and
Infrastructure.
By Mrs. CHENOWETH (for herself and Mr. Crapo):
H.R. 4120. A bill to prohibit further extension or
establishment of any national monument in Idaho without full
public participation and an express act of Congress, and for
other purposes; to the Committee on Resources.
By Mr. FRANK of Massachusetts:
H.R. 4121. A bill to amend title 18, United States Code, to
penalize those who endanger children in hostage situations;
to the Committee on the Judiciary.
By Mr. GUTIERREZ (for himself, Mr. Evans, Mrs. Meek of
Florida, Mr. Filner, Mr. Dellums, Mr. Abercrombie,
Ms. Norton, Mr. Serrano, Mr. Conyers, Mr. Frank of
Massachusetts, Mr. Hilliard, Ms. Waters, Mr. Stark,
Mr. Torres, Mr. Gonzalez, Mr. Pastor, Mr. Payne of
New Jersey, and Ms. Roybal-Allard):
H.R. 4122. A bill to rescind restrictions on welfare and
public benefits for legal immigrants enacted by title 4 of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, to reduce corporate welfare, to
strengthen tax provisions regarding persons who relinquish
U.S. citizenship, and for other purposes; to the Committee on
Ways and Means.
By Mr. KENNEDY of Massachusetts:
H.R. 4123. A bill to amend certain provisions of law
relating to child pornography, and for other purposes; to the
Committee on the Judiciary.
By Mr. KLINK (for himself, Mr. Murtha, Mr. Lewis of
Georgia, Mr. Barrett of Wisconsin, Mr. Owens, Mr.
LaFalce, Mr. Hilliard, Mr. Dellums, and Mr. Evans):
H.R. 4124. A bill to amend the Internal Revenue Code of
1986 to provide that the denial of deduction for excessive
employee compensation shall apply to all employees and to
expand the types of compensation to which such denial
applies; to the Committee on Ways and Means.
By Mr. MILLER of California (for himself, Mr. Andrews,
Mr. Baldacci, Mr. Barrett of Wisconsin, Mr. Berman,
Mr. Blumenauer, Mr. Bonior, Mr. Borski, Mr. Brown of
California, Mrs. Clayton, Mr. Conyers, Mr. DeFazio,
Mr. Dellums, Mr. Durbin, Mr. Evans, Mr. Faleomavaega,
Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Foglietta, Mr.
Frank of Massachusetts, Mr. Frost, Mr. Gejdenson, Mr.
Gephardt, Mr. Gene Green of Texas, Mr. Gutierrez, Mr.
Hefner, Mr. Hilliard, Ms. Eddie Bernice Johnson of
Texas, Ms. Kaptur, Mr. Kennedy of Massachusetts, Mr.
LaFalce, Mr. Lantos, Mr. Lewis of Georgia, Mr.
Lipinski, Ms. Lofgren, Mr. Manton, Mr. Markey, Mr.
McDermott, Ms. McKinney, Mrs. Mink of Hawaii, Mr.
Moakley, Mr. Moran, Mr. Murtha, Mr. Obey, Mr. Olver,
Mr. Owens, Mr. Payne of New Jersey, Ms. Pelosi, Mr.
Rangel, Ms. Rivers, Ms. Roybal-Allard, Mr. Sawyer,
Mrs. Schroeder, Mr. Schumer, Mr. Serrano, Ms.
Slaughter, Mr. Spratt, Mr. Torricelli, Mr. Underwood,
Mr. Vento, Mr. Watt of North Carolina, Ms. Woolsey,
and Mr. Yates):
H.R. 4125. A bill to inform and empower consumers in the
United States through a voluntary labeling system for wearing
apparel and sporting goods made without abusive and
exploitative child labor, and for other purposes; to the
Committee on Commerce.
By Mr. BAKER of California (for himself, Mr. Fazio of
California, Mr. Radanovich, Mr. Dooley, Mr. Riggs,
Mr. Matsui, Mrs. Seastrand, Mr. Farr, Mr. Dreier, Mr.
Filner, Mr. Kim, Mr. Miller of California, Mr.
Calvert, Ms. Harman, Mr. Bilbray, Ms. Lofgren, Mr.
Gallegly, Mr. Stark, Mr. Packard, Ms. Pelosi, Mr.
McKeon, Ms. Eshoo, Mr. Horn, Mr. Dixon, Mr. Thomas,
Mr. Waxman, Mr. Cox, Mr. Condit, Mr. Rohrabacher, Ms.
Roybal-Allard, Mr. Cunningham, Mr. Dellums, Mr.
Herger, Mr. Brown of California, Mr. Lantos, Ms.
Waters, Mr. Berman, Ms. Woolsey, Mr. Martinez, and
Ms. Millender-McDonald):
H.R. 4126. A bill to support the California-Federal
[CALFED] Bay-Delta Program in developing, funding and
implementing a balanced, long-term solution to the problems
of ecosystem quality, water quality, water supply, and
reliability, and system vulnerability affecting the San
Francisco Bay/Sacramento-San Joaquin Delta Watershed (the
Bay-Delta) in California; to the Committee on Transportation
and Infrastructure, and in addition to the Committee on
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. LINDER:
H. Res. 524. Resolution relating to a question of the
privileges of the House; laid on the table.
By Mr. LEWIS of Georgia:
H. Res. 526. Resolution relating to a question of the
privileges of the House; laid on the table.
By Mr. McINTOSH:
H. Res. 527. Resolution relating to breast implants, the
Food and Drug Administration, and public health; to the
Committee on Commerce.
para.110.39 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. YOUNG of Alaska:
H.R. 4116. A bill to provide for the issuance of a
noncompetitive oil and gas lease for certain lands; to the
Committee on Resources.
By Mr. McNULTY:
H.R. 4127. A bill for the relief of David R. W. Light; to
the Committee on the Judiciary.
para.110.40 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 103: Mr. Wamp and Mr. Lantos.
H.R. 127: Mr. Bryant of Texas.
H.R. 303: Mr. Pallone.
H.R. 820: Mrs. Morella and Mr. Souder.
H.R. 878: Ms. Lofgren.
H.R. 895: Mr. Leach, Mr. Hastings of Washington, Mr. Pete
Geren of Texas, Mr. Mascara, Mr. Hayworth, Mr. Clement, and
Mr. Ensign.
H.R. 974: Mrs. Lowey.
H.R. 1073: Mr. Ramstad and Mr. Barcia of Michigan.
H.R. 1074: Mr. Ramstad and Mr. Fox.
H.R. 1090: Mr. Schiff and Mr. Lewis of Georgia.
H.R. 1161: Mr. Houghton.
H.R. 1619: Mr. Longley.
H.R. 2019: Mr. Mascara.
H.R. 2152: Mr. Saxton and Mr. Chambliss.
H.R. 2450: Ms. Dunn of Washington.
H.R. 2508: Mr. Pickett, Mr. Nethercutt, and Mr. Cremeans.
H.R. 2535: Mr. Hall of Texas.
H.R. 2579: Mr. Hoke.
H.R. 2582: Mr. Davis.
H.R. 2585: Mrs. Morella.
H.R. 2651: Mr. Neumann.
H.R. 2741: Mrs. Meyers of Kansas and Mrs. Johnson of
Connecticut.
H.R. 2757: Mr. Pastor.
H.R. 2979: Mr. Boehlert and Mr. Bentsen.
H.R. 2992: Mr. King.
H.R. 3142: Mrs. Lincoln.
H.R. 3195: Mr. Taylor of Mississippi.
H.R. 3355: Mr. Evans.
H.R. 3374: Ms. Slaughter.
H.R. 3482: Mr. Hilliard, Mr. Miller of California, Mr.
Barrett of Wisconsin, and Mr. Frost.
H.R. 3522: Mr. Rush, Miss Collins of Michigan, and Mr.
Serrano.
H.R. 3559: Mr. Traficant, Mr. Ehlers, Mr. McIntosh, Ms.
Dunn of Washington, Mrs. Chenoweth, and Mr. McHugh.
H.R. 3601: Mr. Parker, Mr. Laughlin, Mr. Lucas, Mr.
Stenholm, and Mr. McCrery.
H.R. 3631: Ms. Eddie Bernice Johnson of Texas, Mr.
McCollum, Mr. Lewis of Georgia, Mr. Deal of Georgia, Mr. Watt
of North Carolina, Mrs. Collins of Illinois, and Mr. Jackson.
H.R. 3654: Mr. Ney, Mr. Burton of Indiana, and Mr.
Houghton.
H.R. 3714: Mr. Dooley, Mr. Hastings of Florida, Mr.
Brewster, Mr. Durbin, and Mr. Evans.
H.R. 3766: Mr. Engel.
H.R. 3817: Mr. Myers of Indiana, Mr. Bryant of Tennessee,
Mr. Klink, Mr. Saxton, Mr. Pombo, Mr. Souder, and Mr. Holden.
H.R. 3831: Mr. Traficant.
H.R. 3839: Mr. Kennedy of Rhode Island, Mr. Traficant, and
Mr. Spratt.
H.R. 3856: Mr. Stupak.
H.R. 3937: Mr. Stump, Mr. Frelinghuysen, Mr. Crane, Mr.
Frost, Mr. Pete Geren of Texas, and Mr. Sanders.
H.R. 3996: Mr. Walsh.
H.R. 4001: Mr. Serrano.
H.R. 4006: Mr. Cox.
H.R. 4035: Mr. Lipinski and Ms. Rivers.
H.R. 4046: Mr. Taylor of North Carolina, Mrs. Meek of
Florida, Mr. Filner, and Mr. Frost.
H.R. 4047: Mr. Ensign, Mr. Leach, Mr. Deutsch, Mr. Gordon,
Mr. Waxman, Mrs. Thurman, Mr. Miller of California, Ms.
Slaughter, Mr. Olver, Mr. Dellums, Ms. Lofgren, and Mr.
Gejdenson.
[[Page 2224]]
H.R. 4068: Mr. Stearns, Mr. Hutchinson, Mr. Smith of New
Jersey, Mr. Kennedy of Massachusetts, Mr. Flanagan, Mr.
Clement, Mr. Weller, Mr. Filner, Mr. Hayworth, Mr. Clyburn,
Mr. Cooley, Mr. Doyle, Mr. Mascara, Mr. Baesler, Ms. Brown of
Florida, Mr. Fox, Mr. Barr, Mr. Ney, Mr. Callahan, Mr. Kolbe,
and Mr. Sam Johnson.
H.R. 4090: Mr. Bunning of Kentucky.
H.R. 4102: Mr. Brewster, Mr. Smith of Michigan, Ms. Danner,
Mr. Evans, Mr. Pastor, Mr. Watts of Oklahoma, Mr. Thornberry,
Mr. Stenholm, Mr. Baldacci, Mr. Holden, Mr. Oxley, Mr.
Thomas, Mr. Bono, Mr. Wamp, Mr. Hostettler, and Mr. Dingell.
H.R. 4111: Mr. Blute.
H.J. Res. 194: Ms. Norton.
H. Con. Res. 63: Mr. Frelinghuysen.
H. Con. Res. 175: Mr. Gordon.
H. Con. Res. 212: Mr. Chabot.
H. Res. 491: Ms. Roybal-Allard, Mr. Owens, and Mrs. Lowey.
H. Res. 518: Miss Collins of Michigan, Mr. Abercrombie, Mr.
Frazer, Ms. Jackson-Lee, Mr. Hastings of Florida, Mr.
Thompson, Mr. Scott, Mr. Jefferson, Mr. Bishop, Mr. Hilliard,
Mr. Lewis of Georgia, Mr. Payne of New Jersey, Ms. McKinney,
Ms. Roybal-Allard, and Ms. Brown of Florida.
H. Res. 520: Mr. Clyburn, Mr. Barrett of Wisconsin, Mr.
Sanders, Ms. Danner, Mr. Dellums, Mr. Jackson, Mr. Fattah,
Mrs. Meek of Florida, Mr. Wynn, Mr. Ford, Mr. Torres, Mr.
Ortiz, Mr. Tejeda, Mr. Rush, Mr. Evans, Mr. Jefferson, Mr.
Thompson, Mrs. Clayton, Mr. Bishop, Miss Collins of Michigan,
Mr. Gutierrez, Mr. Serrano, Mr. Hastings of Florida, Ms.
Brown of Florida, Ms. Jackson-Lee, Ms. Woolsey, Ms. Roybal-
Allard, Mr. Berman, Mr. Miller of California, Mr. Payne of
New Jersey, Mr. Waxman, Ms. Slaughter, Ms. Eshoo, Ms.
McKinney, Mr. Hinchey, Mr. Stokes, Mr. Fazio of California,
Mr. Nadler, Mr. Abercrombie, Mr. Rose, Mr. Scott, Mr. Farr,
and Mr. Owens.
H. Res. 521: Mr. Matsui, Mr. Traficant, Ms. Pelosi, Mr.
Boucher, Mrs. Maloney, and Mr. Frost.
.
THURSDAY, SEPTEMBER 20, 1996 (111)
para.111.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. MILLER
of Florida, who laid before the House the following communication:
Washington, DC,
September 20, 1996.
I hereby designate the Honorable Dan Miller to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.111.2 approval of the journal
The SPEAKER pro tempore, Mr. MILLER of Florida, announced he had
examined and approved the Journal of the proceedings of Thursday,
September 19, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.111.3 notice requirement--consideration of resolution--question of
privileges
Mr. LEWIS of Georgia, pursuant to clause 2(a)(1) of rule IX, announced
his intention to call up the following resolution, as a question of the
privileges of the House:
Whereas on December 6, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, nonpartisan investigation of
allegations of ethical misconduct by Speaker Newt Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgment concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives:
Therefore, be it
Resolved, That the Committee on Standards of Official
Conduct shall release to the public the outside counsel's
report on Speaker Newt Gingrich--including any conclusions,
recommendations, attachments, exhibits or accompanying
material--no later than Wednesday, September 25, 1996.
The SPEAKER pro tempore, Mr. MILLER of Florida, responded to the
foregoing notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days. The Chair will announce that designation at a later
time.
``A determination as to whether the resolution constitutes a question
of privilege will be made at that later time.''.
para.111.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 2464. An Act to amend Public Law 103-93 to provide
additional lands within the State of Utah for the Goshute
Indian Reservation, and for other purposes;
H.R. 2512. An Act to provide for certain benefits of the
Pick-Sloan Missouri River basin program to the Crow Creek
Sioux Tribe, and for other purposes;
H.R. 2982. An Act to direct the Secretary of the Interior
to convey the Carbon Hill National Fish Hatchery to the State
of Alabama;
H.R. 3120. An Act to amend title 18, United States Code,
with respect to witness retaliation, witness tampering and
jury tampering; and
H.R. 3287. An Act to direct the Secretary of the Interior
to convey the Crawford National Fish Hatchery to the city of
Crawford, Nebraska.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 3068. An Act to accept the request of the Prairie
Island Indian Community to revoke their charter of
incorporation issued under the Indian Reorganization Act;
H.R. 3159. An Act to amend title 49, United States Code, to
authorize appropriations for fiscal years 1997, 1998, and
1999 for the National Transportation Safety Board, and for
other purposes;
H.R. 3378. An Act to amend the Indian Health Care
Improvement Act to extend the demonstration program for
direct billing of Medicare, Medicaid, and other third party
payors;
H.R. 3539. An Act to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes; and
H.R. 3723. An Act to amend title 18, United States Code, to
protect proprietary economic information, and for other
purposes.
The message also announced that the Senate insists upon its amendment
to the bill (H.R. 3539) ``An Act to amend title 49, United States Code,
to reauthorize programs of the Federal Aviation Administration, and for
other purposes,'' requests a conference with the House on the
disagreeing votes of the two Houses thereon, and appoints, Mr. Pressler,
Mr. Stevens, Mr. McCain, Mr. Hollings, and Mr. Ford, to be the conferees
on the part of the Senate.
The message also announced that the Senate had passed a bill of the
following title, in which the concurrence of the House is requested:
S. 39. An Act to amend the Magnuson Fishery Conservation
and Management Act to authorize appropriations, to provide
for sustainable fisheries, and for other purposes.
para.111.5 submission of conference report--h.r. 3666
Mr. LEWIS of California submitted a conference report (Rept. No. 104-
812) on the bill (H.R. 3666) making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices for
the fiscal year ending September 30, 1997, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.111.6 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1772. An Act to authorize the Secretary of the
Interior to acquire certain interests in the Waihee Marsh for
Inclusion in the Oahu National Wildlife Refuge Complex;
H.R. 2909. An Act to amend the Silvio O. Conte National
Fish and Wildlife Refuge Act to provide that the Secretary of
the Interior may acquire lands for purposes of that Act only
by donation or exchange, or otherwise with the consent of the
owner of the lands;
H.R. 3675. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes;
H.R. 3676. An Act to amend title 18, United States Code, to
clarify the intent of Congress with respect to the Federal
carjacking prohibition;
H.R. 3802. An Act to amend section 552 of title 5, United
States Code, popularly known
[[Page 2225]]
as the Freedom of Information Act, to provide for public
access to information in an electronic format, and for other
purposes; and
H.J. Res. 191. Joint resolution to confer honorary
citizenship of the United States on Agnes Gonxha Bojaxhiu,
also known as Mother Teresa.
para.111.7 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 1636. An Act to designate the United States Courthouse
under construction at 1030 Southwest 3rd Avenue, Portland,
Oregon, as the ``Mark O. Hatfield United States Courthouse'',
and for other purposes; and
S. 1995. An Act to authorize construction of the
Smithsonian Institution National Air and Space Museum Dulles
Center at Washington Dulles International Airport, and for
other purposes.
And then,
para.111.8 adjournment
On motion of Mr. SHAYS, pursuant to the special order agreed to on
September 19, 1996, at 11 o'clock and 27 minutes a.m., the House
adjourned until 12 o'clock noon on Monday, September 23, 1996.
para.111.9 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. LEWIS of California: Committee of Conference.
Conference report on H.R. 3666. A bill making appropriations
for the Departments of Veterans Affairs and Housing and Urban
Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year
ending September 30, 1997, and for other purposes (Rept. No.
104-812). Ordered to be printed.
Mr. BLILEY: Committee on Commerce. H.R. 4083. A bill to
extend certain programs under the Energy Policy and
Conservation Act through September 30, 1997 (Rept. No. 104-
814). Referred to the Committee of the Whole House on the
State of the Union.
para.111.10 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2740. Referral to the Committee on Commerce extended
for a period ending not later than September 27, 1996.
H.R. 3217. Referral to the Committee on Resources extended
for a period ending not later than September 27, 1996.
para.111.11 reported bills sequentially referred
Under clause 5 of rule X. bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
Mr. SHUSTER: Committee on Transportation and
Infrastructure. H.R. 3217. A bill to provide for ballast
water management to prevent the introduction and spread of
nonindigenous species into the waters of the United States,
and for other purposes; with an amendment; referred to the
Committee on Science for a period ending not later than
September 27, 1996, for consideration of such provisions of
the amendment recommended by the Committee on Transportation
and Infrastructure as fall within the jurisdiction of the
Committee on Science pursuant to clause 1(n), rule X (Rept.
No. 104-815, Pt. 1). Ordered to be printed.
para.111.12 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BLUMENAUER:
H.R. 4128. A bill to amend title 23, United States Code,
concerning eligibility for grants to implement alcohol-
impaired driving counter measures; to the Committee on
Transportation and Infrastructure.
By Mr. HOKE:
H.R. 4129. A bill to enforce the constitutional right to
the free exercise of religion; to the Committee on the
Judiciary.
H.R. 4130. A bill to enforce the constitutional right to
the free exercise of religion; to the Committee on the
Judiciary, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
para.111.13 reports of committees on private bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 1031. A bill for
the relief of Oscar Salas-Velazquez; with an amendment (Rept.
No. 104-810). Referred to the Committee of the Whole House.
Mr. HYDE: Committee on the Judiciary. H.R. 1087. A bill for
the relief of Nguyen Quy An and Nguyen Ngoc Kim Quy; with
amendments (Rept. No. 104-811). Referred to the Committee of
the Whole House.
Mr. HYDE: Committee on the Judiciary. H.R. 4025. A bill for
the relief of the estate of Gail E. Dobert (Rept. No. 104-
813). Ordered to be printed.
para.111.14 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 2209: Mr. Serrano.
H.R. 2223: Mr. Deutsch, Mr. Menendez, Mr. Funderburk, Mr.
Evans, Mr. Lipinski, and Mr. Olver.
H.R. 3012: Mr. Commings and Mr. Scott.
H.R. 3632: Mr. Minge.
H.R. 3633: Mr. Minge.
H.R. 3725: Mr. Serrano.
H. Res. 515: Mr. Doyle, Mr. LaFalce, Mr. Funderburk, Mr.
Hostettler, Mr. Hoekstra, and Mr. Canady.
.
MONDAY, SEPTEMBER 23, 1996 (112)
para.112.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Ms. GREENE,
who laid before the House the following communication:
Washington, DC,
September 23, 1996.
I hereby designate the Honorable Enid Greene to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.112.2 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Friday, September 20, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.112.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5231. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Nectarines and Fresh Peaches Grown in California; Assessment
Rates [Docket No. FV96-916-1 FIR] received September 23,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5232. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Kiwifruit Grown in California; Assessment Rate [Docket No.
FV96-920-1 FIR] received September 23, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5233. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Oranges and Grapefruit Grown in the Lower Grande Valley in
Texas; Assessment Rate [Docket No. FV96-906-1 FIR] received
September 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
5234. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Miscellaneous Amendments [Defense Acquisition Circular 91-11]
received September 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
5235. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance Corporation, transmitting
the Corporation's final rule--Loans in Areas Having Special
Flood Hazards (RIN: 3064-AB66) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
5236. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--Higher Education Programs in Modern
Foreign Language Training and Area Studies--Foreign Language
and Area Studies Fellowships Program (RIN: 1840-AC28)
received September 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
5237. A letter from the Assistant General Counsel for
Regulations, Department of Education, transmitting the
Department's final rule--Higher Education Programs in Modern
Foreign Language Training and Area Studies--National Resource
Centers Program for Foreign Language and Area Studies or
Foreign Language and International Studies (RIN: 1840-AC27)
received September 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Economic and Educational
Opportunities.
5238. A letter from the Secretary of Education,
transmitting the summary of chapter 2 annual reports, 1993-
94; to the Committee on Economic and Educational
Opportunities.
5239. A letter from the Secretary, Securities and Exchange
Commission, transmitting the Commission's final rule--Changes
to Select Rules In Order to Eliminate Fees Previously Adopted
by the Commission (RIN: 3235-AG79) received September 19,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5240. A letter from the Assistant Secretary for Legislative
Affairs, Department of State,
[[Page 2226]]
transmitting certification of a proposed license for the
export of defense articles or defense services sold
commercially to Israel (Transmittal No. DTC-62-96), pursuant
to 22 U.S.C. 2776(c); to the Committee on International
Relations.
5241. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification of a
proposed manufacturing license agreement for production of
major military equipment with Australia (Transmittal No. DTC-
63-96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
5242. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification of a
proposed manufacturing license agreement for production of
major military equipment with Japan (Transmittal No. DTC-57-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
5243. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification of a
proposed license for the export of defense articles or
defense services sold commercially to the United Kingdom
(Transmittal No. DTC-58-96), pursuant to 22 U.S.C. 2776(c);
to the Committee on International Relations.
5244. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting certification of a
proposed license for the export of defense articles or
defense services sold commercially to Germany (Transmittal
No. DTC-60-96), pursuant to 22 U.S.C. 2776(c); to the
Committee on International Relations.
5245. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
final rule--Amendments to the International Traffic in Arms
Regulations [Public Notice 2408] received September 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
International Relations.
5246. A letter from the Comptroller General of the United
States, transmitting a list of all reports issued or released
in August 1996, pursuant to 31 U.S.C. 719(h); to the
Committee on Government Reform and Oversight.
5247. A letter from the Chief Judge, Court of Veterans
Appeals, transmitting the annual estimate of the expenditures
and appropriations necessary for the maintenance and
operation of the Court of Veterans Appeals retirement fund,
pursuant to 38 U.S.C. 7298(d); to the Committee on Government
Reform and Oversight.
5248. A letter from the Mayor of the District of Columbia,
transmitting a copy of D.C. Act 11-281, ``Revised Fiscal Year
1997 Budget Request Act''--received September 23, 1996,
pursuant to Public Law 104-8, section 202(c)(5)(C)(ii); to
the Committee on Government Reform and Oversight.
5249. A letter from the Assistant Secretary for Policy,
Management and Budget, Department of the Interior,
transmitting a report on the Government's Helium Program
providing operating statistical and financial information for
the fiscal year 1995, pursuant to 50 U.S.C. 167n; to the
Committee on Resources.
5250. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Final Power
Allocation Procedures of the Post-2000 Resources Pool--Pick-
Sloan Missouri Basin Program, Eastern Division (6450-01-P)
received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5251. A letter from the Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Northeastern
United States; Northeast Multispecies Fishery, Exception to
Permit Requirements [Docket No. 960216032-6246-07; I.D.
082096H] (RIN: 0648-AH70) received September 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5252. A letter from the Acting Director, Office of
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical Area 600 [Docket No.
960129018-6018-01; I.D. 091796B] ) received September 20,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5253. A letter from the Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal Migratory Pelagic
Resources of the Gulf of Mexico and South Atlantic; Changes
in Catch Limits [Docket No. 950725189-6245-04; I.D. 060696A]
(RIN: 0648-AI92) received September 20, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
5254. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 757 Series Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-223-AD]
(RIN: 2120-AA64) received September 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5255. A letter from the General Councsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Hartzell Propeller Inc. HC-A3V, HC-
B3M, HC-B3T, HC-B4M, HC-B4T, and HC-B5M Series Propellers
(Federal Aviation Administration) [Docket No. 95-ANE-30]
(RIN: 2120-AA64) received September 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5256. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment of Class E Airspace; Torrington, Wyoming (Federal
Aviation Administration) [Docket No. 96-ANM-017] (RIN: 2120-
AA66) (1966-0131) received September 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5257. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment of Class E Airspace; Blanding, Utah (Federal
Aviation Administration) [Docket No. 95-ANM-25] (RIN: 2120-
AA66) (1996-0132) received September 19, 1996, pursuant to 6
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5258. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Cannon City, Colorado
(Federal Aviation Administration) [Docket No. 96-ANM-018]
(RIN: 2120-AA66) (1996-0133) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5259. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class E Airspace; Bowling Green, KY (Federal
Aviation Administration) [Docket No. 96-ASO-13] (RIN: 2120-
AA66) (1996-0130) received September 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5260. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Establishment of Class E Airspace; Currituck, NC (Federal
Aviation Administration) [Docket No. 95-ASO-16] (RIN: 2120-
AA66) (1996-0128) received September 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5261. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Amendment to Class D Airspace; Smyrna, TN (Federal Aviation
Administration) [Docket No. 96-ASO-15] (RIN: 2120-AA66)
(1996-0129) received September 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5262. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--IFR
Altitudes; Miscellaneous Amendments [Docket No. 28654; Amdt.
No. 398] received September 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5263. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; SOCATA Groupe AEROSPATIALE TBM 700
Airplanes (Federal Aviation Administration) [Docket No. 95-
CE-67-AD] (RIN: 2120-AA64) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5264. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Burkhart Grob Luft-und Raumfahrt
Models G115C, G115C2, G115D, and G115D2 (Federal Aviation
Administration) [Docket No. 96-CE-50-AD] (RIN: 2120-AA64)
received September 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5265. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Federal Aviation Administration) [Docket No. 95-
NM-59-AD] (RIN: 2120-AA64) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5266. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Federal Aviation Administration) [Docket No. 94-
NM-249-AD] (RIN: 2120-AA64) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5267. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes (Federal Aviation Administration) [Docket No. 94-
NM-252-AD] (RIN: 2120-AA64) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5268. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Weatherly Aviation Company, Inc.,
Models 620A and 620B Series Airplanes (Federal Aviation
Administration) [Docket No. 94-CE-42-AD] (RIN: 2120-AA64)
received September 19, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5269. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Bombardier Model CL-600-2B16 (CL-
601-3A and -3R) and CL-600-2B19 (Regional Jet Series 100)
(Federal Aviation Administration) [Docket No. 95-NM-247-AD]
(RIN: 2120-AA64) received September 19, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5270. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Federal Motor Vehicle Safety Standards; Stability and Con
[[Page 2227]]
trol of Medium and Heavy Vehicles During Braking (National
Highway Traffic Safety Administration) [Docket No. 92-29;
Notice 11] (RIN: 2127-AG06) received September 19, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5271. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Advanced Notice of Arrivals, Departures, and Certain
Dangerous Cargoes (U.S. Coast Guard) [CGD 94-089] (RIN: 2115-
AF19) received September 23, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5272. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Weighted Average Interest Rate Update [Notice 96-45] received
September 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
para.112.4 enrolled bills signed
The SPEAKER pro tempore, Ms. GREENE, announced that pursuant to clause
4, rule I, the Speaker signed the following enrolled bills on Friday,
September 20, 1996:
H.R. 2464. An Act to amend Public Law 103-93 to provide
additional lands within the State of Utah for the Goshute
Indian Reservation, and for other purposes;
H.R. 2512. An Act to provide for certain benefits of the
Pick-Sloan Missouri River Basin Program to the Crow Creek
Sioux Tribe, and for other purposes;
H.R. 2932. An Act to direct the Secretary of the Interior
to convey the Carbon Hill National Fish Hatchery to the State
of Alabama;
H.R. 3120. An Act to amend title 18, United States Code,
with respect to witness retaliation, witness tampering and
jury tampering; and
H.R. 3287. An Act to direct the Secretary of the Interior
to convey the Crawford National Fish Hatchery to the City of
Crawford, Nebraska.
para.112.5 communication from the clerk--message from the president
The SPEAKER pro tempore, Ms. GREENE, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, September 20, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on Friday, September
20 at 12:10 p.m. and said to contain a message from the
President wherein he transmits a semiannual report on
telecommunications services with respect to Cuba.
With warm regards,
Robin H. Carle,
Clerk,
para.112.6 telecommunications services to cuba
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
This report is submitted pursuant to 1705(e)(6) of the Cuban Democracy
Act of 1992, 22 U.S.C. 6004(e)(6) (the ``CDA''), as amended by section
102(g) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996, Public Law 104-114; 110 Stat. 793 (the ``LIBERTAD Act''), which
requires that I report to the Congress on a semiannual basis detailing
payments made to Cuba by any United States person as a result of the
provision of telecommunications services authorized by this subsection.
The CDA, which provides that telecommunications services are permitted
between the United States and Cuba, specifically authorizes me to
provide for payments to Cuba by license. The CDA states that licenses
may provide for full or partial settlement of telecommunications
services with Cuba, but does not require any withdrawal from a blocked
account. Following enactment of the CDA on October 23, 1992, a number of
U.S. telecommunications companies successfully negotiated agreements to
provide telecommunications services between the United States and Cuba
consistent with policy guidelines developed by the Department of State
and the Federal Communications Commission.
Subsequent to enactment of the CDA, the Department of the Treasury's
Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control
Regulations, 31 C.F.R. Part 515 (the ``CACR''), to provide for specific
licensing on a case-by-case basis for certain transactions incident to
the receipt or transmission of telecommunications between the United
States and Cuba, 31 C.F.R. 515.542(c), including settlement of charges
under traffic agreements.
The OFAC has issued eight licenses authorizing transactions incident
to the receipt or transmission of telecommunications between the United
States and Cuba since the enactment of the CDA. None of these licenses
permits payments to the Government of Cuba from a blocked account. In
the period October 23, 1992, to June 30, 1996, OFAC-licensed U.S.
carriers reported payments to the Government of Cuba in settlement of
charges under telecommunications traffic agreements as follows:
AT&T Corporation (formerly, American Telephone and Telegr$39,647,734,42
AT&T de Puerto Rico..........................................524,646.58
Global One (formerly, Sprint Incorporated).................4,870,053.05
IDB WorldCom Services, Inc. (formerly, IDB Communications, 3,038,857.00
MCI International, Inc. (formerly, MCI Communications Corp17,453,912,00
Telefonica Larga Distancia de Puerto Rico, Inc...............150,282.40
WilTel, Inc. (formerly, WilTel Underseas Cable, Inc.)......7,792,142.00
WorldCom, Inc. (formerly, LDDS Communications, Inc)........3,349,967.88
________________
.......................................................$76,827,595.33
I shall continue to report semiannually on telecommunications
payments to the Government of Cuba from United States persons.
William J. Clinton.
The White House, September 20, 1996.
The message was referred to the Committee on International Relations
and ordered to be printed (H. Doc. 104-267).
para.112.7 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
On September 20, 1996:
H.R. 3396. An Act to define and protect the institution of
marriage;
H.R. 2679. An Act to revise the boundary of the North
Platte National Wildlife Refuge, to expand the Pettaquamscutt
Cove National Wildlife Refuge, and for other purposes;
H.R. 3060. An Act to implement the Protocol on
Environmental Protection to the Antarctic Treaty;
H.R. 3553. An Act to amend the Federal Trade Commission Act
to authorize appropriations for the Federal Trade Commission;
and
H.R. 3816. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1997, and for other purposes.
And then,
para.112.8 adjournment
On motion of Mr. ROTH, pursuant to the special order agreed to on
September 19, 1996, at 12 o'clock and 16 minutes p.m., the House
adjourned until 10:30 a.m. on Tuesday, September 24, 1996.
para.112.9 reports of commitees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3497. A
bill to expand the boundary of the Snoqualmie National
Forest, and for other purposes; with an amendment (Rept. No.
104-816). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3632. A bill to
amend title XIX of the Social Security Act to repeal the
requirement for annual resident review for nursing facilities
under the Medicaid Program and to require resident reviews
for mentally ill or mentally retarded residents when there is
a significant change in physical or mental condition (Rept.
No. 104-817). Referred to the Committee of the Whole House on
the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3633. A bill to
amend title XVIII and XIX of the Social Security Act to
permit a waiver of the prohibition of offering nurse aide
training and competency evaluation programs in certain
nursing facilities (Rept. No. 104-818 Pt. 1). Ordered to be
printed.
para.112.10 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWDER:
H.R. 4131. A bill to establish a commission to investigate
exposure to chemical and bio
[[Page 2228]]
logical warfare agents as a result of the Persian Gulf
conflict; to the Committee on National Security.
By Mr. METCALF:
H.R. 4132. A bill to require that a portion of the amounts
made available for housing programs for the homeless be used
for housing for homeless veterans; to the Committee on
Banking and Financial Services.
para.112.11 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 3715: Mr. Boehner.
H.R. 3753: Mr. Latham and Mr. Lightfoot.
H. Con. Res. 21: Mr. Frost.
H. Res. 30: Mr. Sabo, Mr. Baker of California, and Mr.
Skelton.
.
TUESDAY, SEPTEMBER 24, 1996 (113)
para.113.1 designation of speaker pro tempore
The House was called to order at 10:30 a.m. by the SPEAKER pro
tempore, Mrs. VUCANOVICH, who laid before the House the following
communication:
Washington, DC,
September 24, 1996.
I hereby designate the Honorable Barbara F. Vucanovich to
act as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.113.2 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate has passed bills of the following titles in
which the concurrence of the House is requested:
S. 1044. An Act to amend title III of the Public Health
Service Act to consolidate and reauthorize provisions
relating to health centers, and for other purposes.
S. 2101. An Act to provide educational assistance to the
dependents of Federal law enforcement officials who are
killed or disabled in the performance of their duties.
The message also announced that the Senate agrees to the amendment of
the House to the bill (S. 1507) ``An Act to provide for the extension of
the Parole Commission to oversee cases of prisoners sentenced under
prior law, to reduce the size of the Parole Commission, and for other
purposes.''.
para.113.3 ``morning hour'' debates
The SPEAKER pro tempore, Mrs. VUCANOVICH, pursuant to the order of the
House of Friday, May 12, 1995, recognized Members for ``morning hour''
debates.
para.113.4 recess--10:44 a.m.
The SPEAKER pro tempore, Mrs. VUCANOVICH, pursuant to clause 12 of
rule I, declared the House in recess at 10 o'clock and 44 minutes until
12 o'clock noon.
para.113.5 after recess--12:00 noon
The SPEAKER pro tempore, Ms. GREENE, called the House to order.
para.113.6 approval of the journal
The SPEAKER pro tempore, Ms. GREENE, announced she had examined and
approved the Journal of the proceedings of Monday, September 23, 1996.
Mr. BALLENGER, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Ms. GREENE, announced that the yeas had it.
Mr. BALLENGER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.113.7 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5273. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Domestic Dates Produced or Packed in Riverside County,
California; Assessment Rate [Docket No. FV96-987-1 IFR]
received September 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5274. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Almonds Grown in California; Assessment Rate [Docket No.
FV96-981-2 FIR] received September 24, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5275. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Vidalia Onions Grown in Georgia; Assessment Rate [Docket No.
FV96-955-1 IFR] received September 24, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5276. A letter from the Chief, Programs and Legislation
Division, Office of Legislative Liaison, Department of the
Air Force, transmitting notification that the commander of
Kessler Air Force Base [AFB], MS, has conducted a cost
comparison study to reduce the cost of operating the grounds
maintenance function, pursuant to 10 U.S.C. 2304 note; to the
Committee on National Security.
5277. A letter from the Secretary of the Board, National
Credit Union Administration, transmitting the
Administration's final rule--Community Development Revolving
Loan Program for Credit Loans (12 CFR Part 701 and 705)
received September 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5278. A letter from the Secretary of the Board, National
Credit Union Administration, transmitting the
Administration's final rule--Organization and Operations of
Federal Credit Unions (12 CFR Parts 701, 709 and 741)
received September 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5279. A letter from the Secretary of the Board, National
Credit Union Administration, transmitting the
Administration's final rule--Management Official Interlocks
(12 CFR Part 711) received September 24, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
5280. A letter from the Secretary of the Board, National
Credit Union Administration, transmitting the
Administration's final rule--Supervisory Committee Audits and
Verifications (12 CFR Part 701) received September 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
5281. A letter from the Secretary of the Board, National
Credit Union Administration, transmitting the
Administration's final rule--Loans in Areas Having Special
Flood Hazards (RIN: 3052-AB57) received September 23, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
5282. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of
discretionary new budget authority and outlays for the
current year, if any and the budget year provided by H.R.
3517 and H.R. 3754, pursuant to Public Law 101-508, Section
13101(a) (104 Stat. 1388-578); to the Committee on the
Budget.
5283. A letter from the Secretary of the Commission,
Consumer Product Safety Commission, transmitting the
Commission's final rule--Standard for the Flammability of
Children's Sleepware: Sizes 0 Through 6XT, Standard for the
Flammability of Children's Sleepware: Sizes 7 Through 14 (16
CFR Parts 1615 and 1616) received September 16, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5284. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Current Good Manufacturing Practices for Blood and
Blood Components: Notification of Consignees Receiving Blood
and Blood Components at Increased Risk for Transmitting HIV
Infection [Docket No. 91N-0152] (RIN: 0910-AA05) received
September 16, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5285. A letter from the Chairman, Nuclear Waste Technical
Review Board, transmitting the Board's report entitled
``Disposal and Storage of Spent Nuclear Fuel--Finding the
Right Balance,'' pursuant to 42 U.S.C. 10268; to the
Committee on Commerce.
5286. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the removal of items from the U.S. munitions list, pursuant
to 22 U.S.C. 2778(f); to the Committee on International
Relations.
5287. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of a
proposed manufacturing license agreement for production of
major military equipment with Italy (Transmittal No. DTC-67-
96), pursuant to 22 U.S.C. 2776(d); to the Committee on
International Relations.
5228. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting; Final
Frameworks for Late-Season Migratory Bird Hunting (RIN: 1018-
AD69) received September 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5289. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf
of Alaska [Docket No. 960129018-6018-01; I.D. 091896A]
received September 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5290. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries Off West Coast States and
in the Western Pacific; West Coast Salmon Fisheries; Closure
from the Oregon-California Border to Humboldt South Jetty, CA
[Docket No. 960126016-6121-04] received September 24, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5291. A letter from the National President, Women's Army
Corps Veterans' Association,
[[Page 2229]]
transmitting the annual audit of the Association as of June
30, 1996, pursuant to 36 U.S.C. 1103; to the Committee on the
Judiciary.
5292. A letter from the Administrator, National Aeronautics
and Space Administration, transmitting a report on NASA's
intent to declare Parcels III, IV, V and VI of the NASA
Industrial Plant [NIP] as excess to the needs of NASA,
pursuant to 42 U.S.C. 2476a; to the Committee on Science.
5293. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Determination of Issue Price in the Case of Certain Debt
Instruments Issued for Property (Revenue Ruling 96-49)
received September 24, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
5294. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--Income Exclusions in the Supplemental Security Income
Program (RIN: 0960-AE22) received September 20, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
para.113.8 point of order
Mr. VOLKMER during one minute speeches addressed the House and, during
the course of his remarks.
Mr. LINDER made a point of order, and said:
``The gentleman in the well is referring to matters before the
Committee on Standards of Official Conduct, which is explicitly against
the rules of the House.''.
The SPEAKER pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair sustains the point of order and directs the gentleman from
Missouri [Mr. Volkmer] to proceed in order.''.
para.113.9 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. LINDER made a point of order, and said:
``Madam Speaker, it may be that the gentleman does not understand the
English language, but I thought the Chair just sustained a point of
order and instructed him not to refer to matters before the Committee on
Standards of Official Conduct but to continue in order, and for his to
continue referring to these matters is out of order.''.
The SPEAKER pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair once again sustains the point of order of the gentleman
from Georgia [Mr. Linder]. The gentleman from Missouri [Mr. Volkmer] is
not speaking in order, and the Chair again directs the gentleman from
Missouri to proceed in order in accordance with the rules of the
House.''.
para.113.10 point of order
Mr. VOLKMER further addressed the House and, during the course of his
remarks,
Mr. LINDER made a point of order, and said:
``Madam Speaker, it does not seem like anyone should have to remind
someone three times in a 1-minute speech that he is abusing the rules of
the House, but that is the point I am raising.''.
The SPEAKER pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair will inform the gentleman from Missouri [Mr. Volker] that
the Chair sustains the point of order of the gentleman from Georgia [Mr.
Linder]. The gentleman from Missouri is not, under the rules of the
House, to make references to matters currently under review before the
Committee on Standards of Official Conduct or to members of that
committee, as the gentleman from Missouri well knows.
``The gentleman from Missouri [Mr. Volkmer] has 20 seconds
remaining.''.
para.113.11 point of order
Mrs. SCHROEDER during one minute speeches addressed the House and,
during the course of her remarks.
Mr. LINDER made a point of order, and said:
``Madam Speaker, it is my understanding last week that the Chair ruled
that even if newspapers make references to matters before the Committee
on Standards, it is inappropriate under House rules to bring those
matters to the floor of the House. It is entirely acceptable for the
gentlewoman from Colorado [Mrs. Schroeder] to speak on this issue as
much as she wants outside the House of this Congress. But on this floor,
it is against the rules.''.
The SPEAKER pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair sustains the point of order of the gentleman from Georgia
[Mr. Linder], and directs the gentlewoman from Colorado [Mrs. Schroeder]
to proceed in order in accordance with the rules of the House.''.
para.113.12 point of order
Mr. WAXMAN during one minute speeches addressed the House and
following his remarks,
Mr. LINDER made a point of order, and said:
``The gentleman's [Mr. Waxman] time has expired, but the point of
order is the same one, that he is referring to matters against the rules
of the House.''.
The SPEAKER pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair will sustain the point of order, and requests that all
Members show respect for and abide by the rules of the House.''.
The SPEAKER pro tempore, Ms. GREENE, responded to a parliamentary
inquiry by the gentleman from California [Mr. Waxman] as to the
precendents regarding the rulings of the Chair, and said:
``Prior rulings of the Speaker have sustained the point of order in
this and prior Congresses that press accounts relating to matters
currently before the Standards of Official Conduct Committee are not a
proper subject for debate on the floor. That is why the gentleman from
Georgia's [Mr. Linder] point of order was sustained. * * *
``The duty of the Chair is to enforce the rules of the House as they
are written and have been interpreted. The rules of the House, as the
Chair has ruled in this and prior Congresses, make it out of order for
any Member to refer to any subject currently before the Standards
Committee, whether through the Members' own words, or through the
recitation of words printed in any other medium outside the floor of
this House, except when a question of privileges is pending.
``The Chair will continue to abide by and enforce the rules of the
House.''.
para.113.13 notice requirement--consideration of resolution--question
of privileges
Mr. LINDER, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up the following resolution, as a question of the
privileges of the House:
Whereas, a complaint filed against Representative Gephardt
alleges House Rules have been violated by Representative
Gephardt's concealment of profits gained through a complex
series of real estate tax exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws or regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in other complex matters involving complaints hired outside
counsel with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Official Conduct is
responsible for determining whether Representative Gephardt's
financial transactions violated standards of conduct or
specific rules of the House of Representatives; and
Whereas, the complaint against Representative Gephardt has
been pending before the committee for more than seven months
and the integrity of the ethics process and the manner in
which Members are disciplined is called into question; and
Whereas, on Friday, September 20, 1996 the ranking Democrat
of the Ethics Committee, Representative James McDermott in a
public statement suggested that cases pending before the
committee in excess of 60 days be referred to an outside
counsel; now be it
Resolved that the committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of the charges filed against
the Democrat Leader Representative Richard Gephardt.
Resolved that all relevant material presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
to determine whether the committee should proceed to a
preliminary inquiry.
The SPEAKER pro tempore, Ms. GREENE, responded to the foregoing
notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule
[[Page 2230]]
within 2 legislative days. The Chair will announce that designation at a
later time.
``A determination as to whether the resolution constitutes a question
of privileges will be made at that later time.''.
para.113.14 corrections calendar
Pursuant to clause 4, rule XIII,
The SPEAKER pro tempore, Ms. GREENE, directed the Corrections Calendar
to be called.
When,
para.113.15 small business transport correction act
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 3153) to amend
title 49, United States Code, to exempt from regulation the
transportation of certain hazardous materials by vehicles with a gross
vehicle weight rating of 10,000 pounds or less.
When said bill was considered and read twice.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 4 of rule
XIII, recognized Mr. PETRI and Mr. OBERSTAR, each for 30 minutes.
After debate,
Mr. PETRI submitted the following amendment in the nature of a
substitute:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Transport
Correction Advancement Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Secretary of Transportation is considering, as part
of a proposed rulemaking, expanding the exceptions provided
for transportation of small quantities of hazardous materials
from unnecessary and burdensome regulations;
(2) the Secretary has found that certain businesses, and
especially small businesses, carry small quantities of
hazardous materials;
(3) small businesses are critical in creating jobs in the
United States economy and can be significantly affected by
Federal regulations; and
(4) regulatory relief for small businesses transporting
relatively small quantities of hazardous materials should be
promptly acted on and the Secretary has stated an intention
to issue a final rule to provide this regulatory relief by
December 31, 1996.
SEC. 3. MATERIALS OF TRADE EXCEPTIONS FROM HAZARDOUS
MATERIALS TRANSPORTATION REQUIREMENTS.
(a) Deadline for Issuance of Final Rule.--Not later than
December 31, 1996, the Secretary of Transportation shall
issue, under the rulemaking proceeding under docket number
HM-200, entitled ``Hazardous Materials in Intrastate
Transportation'', a final rule relating to materials of trade
exceptions from chapter 51 of title 49, United States Code,
and regulations issued pursuant thereto. The final rule shall
substantially address the materials of trade exceptions
contained in the proposed rule relating to hazardous
materials in intrastate transportation published in the
Federal Register on March 20, 1996 (61 Fed. Reg. 11489-
11490).
(b) Effective Date.--The final rule issued under subsection
(a) shall become effective not later than 90 days after date
of publication of the final rule.
(c) Training of Inspectors.--Before the effective date of
the final rule issued under subsection (a), the Secretary
shall provide sufficient training of inspectors to provide
for implementation of the final rule.
SEC. 4. FARM-RELATED EXCEPTIONS FROM HAZARDOUS MATERIALS
TRANSPORTATION REQUIREMENTS.
Any provision of a final rule relating to intrastate
transportation of hazardous materials issued under the
rulemaking proceeding under docket number HM-200 that
prohibits States from granting exceptions for not-for-hire
intrastate transportation by farmers and farm-related service
industries shall not take effect with respect to not-for-hire
intrastate transportation by farmers and farm-related service
industries before the earlier of--
(1) the date of the enactment of a law which authorizes
appropriations to carry out chapter 51 of title 49, United
States Code, for fiscal year 1998; or
(2) the 180th day following the effective date of the final
rule.
After further debate,
Pursuant to clause 4 of rule XIII, the previous question on the
amendment and the bill was considered as ordered.
The question being put, viva voce,
Will the House agree to said amendment?
The SPEAKER pro tempore, Ms. GREENE, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Ms. GREENE, announced that three-fifths of
the Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
direct the Secretary of Transportation to issue a final rule relating to
materials of trade exceptions from hazardous materials transportation
requirements.''.
A motion to reconsider the votes whereby the bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.16 traffic signal synchronization projections
The Committee of the Whole House on the state of the Union was
discharged from further consideration of the bill (H.R. 2988) to amend
the Clean Air Act to provide that traffic signal synchronization
projects are exempt from certain requirements of Environmental
Protection Agency rules.
When said bill was considered and read twice.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 4 of rule
XIII, recognized Mr. SCHAEFER and Mr. WAXMAN, each for 30 minutes.
After debate,
The following amendment in the nature of a substitute recommended by
the Committee on Commerce, was submitted:
Strike out all after the enacting clause and insert:
SECTION. 1. TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS.
Section 176(c)(4) (42 U.S.C. 7506(c)(4)) of the Clean Air
Act is amended by adding the following at the end thereof:
``(D) Compliance with the rules of the Administrator for
determining the conformity of transportation plans, programs,
and projects funded or approved under title 23 of the United
States Code or the Federal Transit Act to State or Federal
implementation plans shall not be required for traffic signal
synchronization projects prior to the funding, approval or
implementation of such projects. The supporting regional
emissions analysis for any conformity determination made with
respect to a transportation plan, program, or project shall
consider the effect on emissions of any such project funded,
approved, or implemented prior to the conformity
determination.''.
After debate,
Pursuant to clause 4 of rule XIII, the previous question on the
amendment and the bill was considered as ordered.
The question being put, viva voce,
Will the House agree to said amendment in the nature of a substitute?
The SPEAKER pro tempore, Ms. GREENE, announced that the yeas had it.
So the amendment was agreed to.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Ms. GREENE, announced that three-fifths of
the Members present had voted in the affirmative.
So, three-fifths of the Members present having voted in favor thereof,
the bill was passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.17 privatization act of 1995
Mr. McKEON moved to suspend the rules and pass the bill (H.R. 1720) to
amend the Higher Education Act of 1965 to provide for the cessation of
Federal sponsorship of two Government sponsored enterprises, and for
other purposes; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. McKEON and Mr.
CLAY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
reorganize the Student Loan Marketing Association, to privatize the
College
[[Page 2231]]
Construction Loan Insurance Association, to amend the Museum Services
Act to include provisions improving and consolidating Federal library
service programs, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.18 water desalinization development
Mr. DOOLITTLE moved to suspend the rules and pass the bill of the
Senate (S. 811) to authorize research into the desalinization and
reclamation of water and authorize a program for States, cities, or
qualifying agencies desiring to own and operate a water desalinization
or reclamation facility to develop such facilities, and for other
purposes; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. DOOLITTLE and Mr.
FARR, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
authorize the Secretary of the Interior to conduct studies regarding the
desalination of water and water reuse, and for other purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.113.19 david h. pryor u.s. post office
Mr. McHUGH moved to suspend the rules and pass the bill (H.R. 3877) to
designate the United States Post Office building in Camden, Arkansas, as
the ``Honorable David H. Pryor Post Office Building''; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. McHUGH and Mr.
OWENS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the United States Post Office building located at 351 West
Washington Street in Camden, Arkansas, as the `David H. Pryor Post
Office Building'.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.20 presidential and executive office accountability
Mr. HORN moved to suspend the rules and pass the bill (H.R. 3452) to
make certain laws applicable to the Executive Office of the President,
and for other purposes; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. HORN and Mrs.
MALONEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. HORN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Ms. GREENE, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.113.21 war crimes disclosure
Mr. HORN moved to suspend the rules and pass the bill (H.R. 1281) to
amend title 5, United States Code, and the national Security Act of 1947
to require disclosure under the Freedom of Information Act of
information regarding certain individuals who participated in Nazi war
crimes during the period in which the United States was involved in
World War II; as amended.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. HORN and Mrs.
MALONEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Ms. GREENE, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
express the sense of the Congress that United States Government agencies
in possession of records about individuals who are alleged to have
committed Nazi war crimes should make these records public.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.22 emergency management assistance compact
Mr. GEKAS moved to suspend the rules and pass the joint resolution
(H.J. Res. 193) granting the consent of Congress to the Emergency
Management Assistance Compact.
The SPEAKER pro tempore, Ms. GREENE, recognized Mr. GEKAS and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.113.23 wmat regulation compact
Mr. GEKAS moved to suspend the rules and pass the joint resolution
(H.J. Res. 194) granting the consent of Congress to amendments made by
Maryland, Virginia, and the District of Columbia to the Washington
Metropolitan Area Transit Regulation Compact; as amended.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. GEKAS and Mr.
SCOTT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said joint resolution, as
amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said joint resolution, as amended, was
passed.
A motion to reconsider the vote whereby the rules were suspended and
said joint resolution, as amended, was passed was, by unanimous consent,
laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.113.24 bombing in saudi arabia
Mr. SPENCE moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 200); as amended:
Whereas on June 25, 1996, a terrorist truck bomb outside a
military housing compound in Dhahran, Saudi Arabia, killed 19
members of the Armed Forces and wounded hundreds of others;
Whereas the members of the Armed Forces killed and wounded
in the bombing were de
[[Page 2232]]
fending the national security interests of the United States;
Whereas the defense of United States national interests
continues to require the forward deployment of members of the
Armed Forces to other countries;
Whereas the members of the Armed Forces are called upon to
perform duties that place their lives at risk from terrorist
elements hostile to the United States;
Whereas global terrorism has demonstrated no respect for
the historic rules of war, no reluctance to strike against
innocent and defenseless individuals, and a willingness to
engage in tactics against which conventional defenses are
difficult;
Whereas it is the duty of the President and the military
chain of command to take all necessary steps to keep members
of the Armed Forces protected and as safe as the nature of
their mission permits;
Whereas the people of the United States stand with those
who have volunteered to serve their country and grieve at the
loss of those who, to quote Lincoln, ``have given their last
full measure of devotion'' to the security and well-being of
the United States;
Whereas those members of the Armed Forces serving in Saudi
Arabia and around the world demonstrate valor and a faith in
the American way of life that reflects honorably not only on
themselves but upon the country that they represent; and
Whereas the military personnel who lost their lives on June
25, 1996, in the bombing in Dhahran died in the honorable
service of their Nation and exemplified all that is best and
most virtuous in the American people: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
That Congress hereby--
(1) recognizes the 19 members of the Armed Forces who died
in the terrorist truck bombing in Dhahran, Saudi Arabia, on
June 25, 1996, and honors them for their service and
sacrifice;
(2) calls upon the Nation to hold fast the memory of those
who died;
(3) extends its sympathies to the families of those who
died; and
(4) assures the members of the Armed Forces serving
anywhere in the world that their well-being and interests
will at all times be given the highest priority.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. SPENCE and Mr.
DELLUMS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution honoring the victims of the June 25, 1996,
terrorist bombing in Dhahran, Saudi Arabia.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.113.25 order of business--consideration of the conference report
on h.r. 3666
On motion of Mr. LIVINGSTON, by unanimous consent,
Ordered, That it may be in order at any time to consider a conference
report to accompany the bill (H.R. 3666) making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1997, and for other
purposes; that all points of order against the conference report and
against its consideration be waived; and that the conference report be
considered as read when called up.
para.113.26 animal drug availability
Mr. BILIRAKIS moved to suspend the rules and pass the bill (H.R. 2508)
to amend the Federal Food, Drug, and Cosmetic Act to provide for
improvements in the process of approving and using animal drugs, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. BILIRAKIS and
Mr. MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.27 submission of conference report--h.r. 2202
Mr. SMITH of Texas, submitted a conference report (Rept. No. 104-828)
on the bill (H.R. 2202) to amend the Immigration and Nationality Act to
improve deterrance of illegal immigration to the United States by
increasing border patrol and investigative personnel, by increasing
penalities for alien smuggling and for document fraud, by reforming
exclusion and deportation law and procedures, by improving and
verification system for eligibility for employement, and through other
measures, to reform the legal immigartion system and facilitate legal
entries into the United States and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
para.113.28 medicaid certification
Mr. BILIRAKIS moved to suspend the rules and pass the bill (H.R. 1791)
to amend title XIX of the Social Security Act to make certain technical
corrections relating to physicians' services; as amended.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. BILIRAKIS and
Mr. MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.29 energy policy and conservation extension
Mr. SCHAEFER moved to suspend the rules and pass the bill (H.R. 4083)
to extend certain programs under the Energy Policy and Conservation Act
through September 30, 1997.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. SCHAEFER and
Mr. MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.30 extradition of martin pang from brazil
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 132); as amended:
Whereas it is alleged that Martin Pang intentionally
started a warehouse fire in Seattle, Washington on January 5,
1995, that killed four firefighters;
Whereas shortly thereafter Martin Pang fled to Brazil from
where he was extradited to the United States on March 1,
1996;
Whereas the extradition decision of the Supreme Court of
Brazil states that Martin Pang should stand trial in the
United States only for arson and not for felony murder; and
Whereas it is accepted international practice in
extradition cases for the executive
[[Page 2233]]
authorities of the requested state to grant consent for
prosecution of offenses other than those for which the
fugitive was extradited: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that in the
interests of justice and furthering good relations between
the United States and Brazil, the Government of Brazil should
grant its consent to prosecution of Martin Pang for both
arson and felony murder.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. GILMAN and Mr.
HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution relating to the trial of Martin Pang for arson
and felony murder.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.113.31 taiwan and community of nations
Mr. GILMAN moved to suspend the rules and agree to the following
concurrent resolution (H. Con. Res. 212); as amended:
Resolved by the House of Representatives (the Senate
concurring), That the Congress endorses the adoption by the
European Parliament on July 18, 1996, of resolution
supporting the Republic of China on Taiwan's efforts at
joining the community of nations, which is substantially as
follows:
``The European Parliament,
--having regard to Article J.7 of the Treaty on European
Union,
``(A) satisfied with the current state of Taiwan's
democracy and Taiwan's respect for the principles of justice,
human rights and fundamental freedom;
``(B) welcoming the fact that the elections in Taiwan were
conducted democratically and peacefully despite the overt
aggression and provocation by the People's Republic of China;
``(C) having regard to Taiwan's wish to participate in
international aid to developing countries;
``(D) having regard to the significance of developments in
the political situation in Taiwan for the whole of East Asia
at a geopolitical and economic level and in terms of a policy
of stability, security and peace in the Western Pacific
region;
``(E) welcoming the attitude of reconciliation displayed by
President Lee Tang-hui towards the People's Republic of China
and looking forward to a dialogue spanning both sides of the
Taiwan Straits;
``(F) convinced that the people of Taiwan ought to be
better represented in international organizations than they
are at present, which would benefit both Taiwan and the whole
of the international community;
``(G) whereas neither the European Union nor any of its
Member States have diplomatic relations with the Government
of Taiwan, recognizing only the People's Republic of China;
``(H) whereas Taiwan is very important to the European
Union and its Member States as a trade partner;
``(I) whereas it is important for the European Union and
its Member States to develop their relations with the
governments of both the People's Republic of China and Taiwan
in an amicable and constructive spirit.
``(J) urging the governments of the People's Republic of
China and Taiwan to intensify their cooperation;
``(K) stressing that participation by Taiwan in certain
international organizations can assist with finding common
ground between China and Taiwan and facilitate reconciliation
between the two sides;
``(L) regretting the fact that Taiwan at present is
prevented from making a full contribution to the United
Nations and its agencies, and stressing that, for the
efficiency of the United Nations, Taiwan's participation
would be desirable and valuable;
``1. Urges:
``(a) the Council and Member States to support Taiwan's
attempts to secure better representation than it currently
enjoys in international organizations in the fields of human
and labour rights, economic affairs, the environment and
development cooperation . . .
``(b) the Council and Member States to ask the United
Nations to investigate the possibility of setting up a United
Nations working group to study the scope for Taiwan to
participate in the activities of bodies answerable to the
United Nations General Assembly;
``(c) the Council and Member States to encourage the
governments of the People's Republic of China and Taiwan to
intensify their cooperation in a constructive and peaceful
spirit;
``(d) the Council to urge the Commission to adopt measures
with a view to opening a European Union information office in
Taipei;
``(2) Instructs its President to forward this resolution to
the Council and to the Commission.''.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. GILMAN and Mr.
HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to was, by unanimous
consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.113.32 worldwide persecution of christians
Mr. GILMAN moved to suspend the rules and agree to the following
resolution (H. Res. 515); as amended:
Whereas oppression and persecution of religious believers
around the world has emerged as one of the most compelling
human rights issues of the day, in particular the worldwide
persecution and martyrdom of Christians persists at alarming
levels, and this is an affront to the international moral
community and to all people of conscience;
Whereas in many places throughout the world, Christians are
restricted in or forbidden from practicing their faith,
victimized by a ``religious apartheid'' that subjects them to
inhumane humiliating treatment, and are imprisoned, tortured,
enslaved, and killed;
Whereas in some countries proselytizing is forbidden and
extremist elements persist unchecked by governments in their
campaigns to eradicate Christians and force conversions
through intimidation, rape, and forced marriage;
Whereas in several Islamic countries conversion to
Christianity from Islam is a crime punishable by death and on
Islamic court in Kuwait has denied religious liberty to a
convert from Islam to Christianity;
Whereas the militant Muslim Government of Sudan is waging
what its leader has described as a jihad (religious war)
against Christian and other non-Muslim citizens in the
southern part of the country, enforcing Shari'a (Islamic law)
against non-Muslim African Sudanese, torturing, starving,
killing, and displacing over 1,000,000 people, and enslaving
tens of thousands of women and children;
Whereas today in Sudan a human being can be bought for as
little as $15;
Whereas Christians in China are now experiencing the worst
persecution since the 1970's;
Whereas there are more documented cases of Christians in
prison or in some form of detention in China than in any
other country;
Whereas both Evangelical Protestant house church groups and
Roman Catholics have been targeted and named ``a principal
threat to political stability'' by the Central Committee of
the Communist Party of China;
Whereas in recent months, in separate incidents, 3 Chinese
Christian leaders were beaten to death by Chinese authorities
simply because of their religious activities;
Whereas 3 Christian leaders in Iran were kidnapped and
murdered during 1994 as part of a crackdown on the Iranian
Christian community;
Whereas severe persecution of Christians is also occurring
in North Korea, Cuba, Vietnam, Indonesia (including East
Timor), and in certain countries in the Middle East, to name
only a few;
Whereas religious liberty is a universal right explicitly
recognized in numerous international agreements, including
the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights;
Whereas Pope John Paul II recently sounded a call against
regimes that ``practice discrimination against Jews,
Christians, and other religious groups, going even so far as
to refuse them the right to meet in private for prayer'',
declaring that ``this is an intolerable and unjustifiable
violation, not only of all the norms of current international
law, but of the most fundamental human freedom, that of
practicing one's faith openly'', stating that this is for
human beings ``their reason for living'';
Whereas the National Association of Evangelicals in January
1996 issued a State
[[Page 2234]]
ment of Conscience and Call to Action, subsequently commended
or endorsed by the Southern Baptist Convention, the Executive
Council of the Episcopal Church, and the General Assembly of
the Presbyterian Church, United States of America, in which
they pledged to end their ``silence in the face of the
suffering of all those persecuted for their religious faith''
and ``to do what is in our power to the end that the
Government of the United States will take appropriate action
to combat the intolerable religious persecution now
victimizing fellow believers and those of other faiths'';
Whereas the World Evangelical Fellowship has declared
September 29, 1996, and the last Sunday in September each
year thereafter, as an international day of prayer on behalf
of persecuted Christians, and that day will be observed by
numerous churches and human rights groups around the world;
Whereas the United States of America since its founding has
been a harbor of refuge and freedom to worship for believers
from John Winthrop to Roger Williams to William Penn and a
haven for the oppressed, and has guaranteed freedom of
worship in this country for people of all faiths;
Whereas historically the United States has in many
instances failed to intervene successfully to stop anti-
Christian and other religious persecution; and
Whereas in the past the United States has forcefully taken
up the cause of other persecuted religious believers and the
United States should continue to intervene on behalf of
persecuted Christians throughout the world: Now, therefore,
be it
Resolved, That the House of Representatives--
(1) reaffirms its commitment to the Nation's historic
devotion to the principles of religious liberty;
(2) unequivocally condemns the egregious human rights
abuses and denials of religious liberty to Christians and
other persecuted religions around the world and calls upon
the responsible regimes to cease such abuses;
(3) strongly recommends that the President expand and
invigorate United States international advocacy on behalf of
persecuted Christians and other persecuted religions and
initiate a thorough examination of all United States policies
that affect persecuted Christians;
(4) encourages the President to take organizational steps
to strengthen United States policies to combat religious
persecution, including the creation of a special advisory
committee for religious liberty abroad which has an
appropriate mandate and adequate staff or to consider the
appointment of a White House special advisor on religious
persecution; and
(5) applauds the actions of the World Evangelical
Fellowship in declaring an annual international day of prayer
on behalf of persecuted Christians.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. GILMAN and Mr.
HAMILTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution, as
amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution, as amended, was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said agreed to was, by unanimous consent, laid on the table.
para.113.33 national invasive species act
Mr. BOEHLERT moved to suspend the rules and pass the bill (H.R. 3217)
to provide for ballast water management to prevent the introduction and
spread of nonindigenous species into the waters of the United States,
and for other purposes; as amended.
The SPEAKER pro tempore, Mr. GUNDERSON, recognized Mr. BOEHLERT and
Mr. CLEMENT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUNDERSON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.34 waiving points of order against the conference report to
accompany h.r. 2202
Mr. QUILLEN, by direction of the Committee on Rules, reported (Rept.
No. 104-829) the resolution (H. Res. 528) waiving points of order
against the conference report to accompany the bill (H.R. 2202) to amend
the Immigration and Nationality Act to improve deterrence of illegal
immigration to the United States by increasing border patrol and
investigative personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for eligibility for
employment, and through other measures, to reform the legal immigration
system and facilitate legal entries into the United States, and for
other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.113.35 waiving points of order against the conference report to
accompany h.r. 3259
Mr. QUILLEN, by direction of the Committee on Rules, reported (Rept.
No. 104-830) the resolution (H. Res. 529) waiving points of order
against the conference report to accomapny the bill (H.R. 3259) to
authorize appropriations for fiscal year 1997 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.113.36 waiving requirement of clause 4(b) of rule XI for
consideration of certain resolutions
Mr. QUILLEN, by direction of the Committee on Rules, called up the
following resolution (H. Res. 525):
Resolved, That the requirement of clause 4(b) of rule XI
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to any resolution reported from that
committee for the remainder of the second session of the One
Hundred Fourth Congress providing for consideration or
disposition of any of the following:
(1) A bill or joint resolution making general
appropriations for the fiscal year ending September 30, 1997,
any amendment thereto, any conference report thereon, or any
amendment reported in disagreement from a conference thereon.
(2) A bill or joint resolution that includes provisions
making continuing appropriations for fiscal year 1997, any
amendment thereto, any conference report thereon, or any
amendment reported in disagreement from a conference thereon.
Sec. 2. It shall be in order at any time for the remainder
of the second session of the One Hundred Fourth Congress for
the Speaker to entertain motions to suspend the rules,
provided that the object of any such motion is announced from
the floor at least one hour before the motion is offered. In
scheduling the consideration of legislation under this
authority, the Speaker or his designee shall consult with the
minority leader or his designee.
When said resolution was considered.
After debate,
para.113.37 point of order
Mr. VOLKMER addressed the House during debate, and during the course
of his remarks,
Mr. SOLOMON made a point of order, and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct, and that is against the
House rules. We need to stay to the germaneness of this expedited
procedure.''.
Mr. VOLKMER was recognized to speak to the point of order, and said:
``My earlier comments were perhaps not in order, but where the
gentleman has interjected himself, I am speaking of matters that already
have been resolved by the Committee on Standards of Official Conduct and
are no longer pending before the Committee on Standards of Official
Conduct.''.
The SPEAKER pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The Chair is prepared to rule, and the question is whether the
matters are properly pending before the House. The issue is not just
whether they are now or only at a prior time were ever before the
committee, since the matters are not now properly before the House as a
question of privilege, and debate on those matters, therefore, is not in
order at this point.''.
[[Page 2235]]
para.113.38 point of order
Mr. VOLKMER further addressed the House during debate, and during the
course of his remarks,
Mr. SOLOMON made a point of order, and said:
``Mr. Speaker, clause 14 says that we have to be germane to the issue.
I would make a point of order that the gentleman's delivery is not
germane to this issue.''.
The SPEAKER pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The gentleman's point of order is well taken, and the Chair would
ask the gentleman from Missouri [Mr. Volkmer] to be in order.''.
para.113.39 point of order
Mr. WARD addressed the House during debate, and during the course of
his remarks,
Mr. LINDER made a point of order, and said:
``The gentleman is referring one more time to matters before the
committee on ethics. I believe that is against the rules of the
House.''.
Mr. WATT of North Carolina was recognized to speak to the point of
order, and said:
``I just want to submit to the Speaker that this debate is about
yielding unprecedented authority to the Speaker of the House. The
Speaker's integrity, the person to whom we are proposing to yield that
authority, his integrity is at the heart of the matter. If we cannot get
to his integrity, then how can we determine whether we ought to be
yielding these unprecedented, overwhelming authorities to him?
``If we do not like what he has been doing. If he has been out
disrespecting the House of the United States, then why should we give
hime some unprecedented authority called martial law? That is at the
very heart. His responsibility, his ethics, are at the very heart of the
matter.
``I would submit, Mr. Speaker, that this is germane to the issue and
the matter before this House.''.
Mr. WARD was recognized to speak to the point of order, and said:
``Mr. Speaker, I would ask that the gentleman [Mr. Linder] clarify his
point of order so I can know what it is that I have said to which he
objects.''.
Mr. LINDER was recognized to speak further to the point of order, and
said:
``Mr. Speaker, over the course of the last 10 days or so, when the
minority party has tried to bring to the floor of this House a
discussion of matters before the Committee on Ethics, the Chair has
consistently ruled that not only referring to the matters before the
Committee on Ethics, but referring to press reports about those matters
is against the rules of the House.
``The gentleman is standing there with a large print of an editorial
out of a newspaper that does precisely that: To make the case, in print,
for the people watching this, about matters before the Committee on
Ethics. It strikes me that, if the Chair is going to rule that we cannot
talk about it, the same argument would obtain that just displaying it is
abusing the rules of the House.''.
Mr. WARD was recognized to speak further to the point of order, and
said:
``Mr. Speaker, I thought the gentleman was responding to my saying
that the Speaker had been found guilty of a number of ethics violations,
according to a letter from the Ethics Committee dated December 6, 1995.
``I was not referring to the document here displayed. I was referring
to his allowing the senior GOPAC official to act as the chief of staff
in the Speaker's office, for which he was found guilty. I was referring
to abusing the House floor to sell videotapes. That is what I was
referring to.''.
The SPEAKER pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The Chair is prepared to rule, having heard the arguments on both
sides.
``The Chair would say that the point of order is well taken; that the
gentleman [Mr. Ward] may debate the advisability of granting generic
authorities proposed in the pending resolution but may not dwell on the
merits of measures that might arise under those authorities.
``The recent series of rulings by the Chair rest more squarely on the
stricture against personalities in debate than on the requirements of
relevance. With respect to the cases disposed of, today's standard is
not a new standard under the precedents. The point is not necessarily
whether the matter is stilll pending eleswhere. The point is that the
matter is not pending on the floor here and now as a question of
privilege and the point of order is well taken.
``The gentleman from Kentucky [Mr. Ward] may proceed in order.''.
para.113.40 point of order
Mr. WARD further addressed the House during debate, and during the
course of his remarks,
Mr. CUNNINGHAM made a point of order, and said:
``Mr. Speaker, we are prevented from speaking about other Members on
the other side, about previous ethics violations. It is not against the
rules of the House to do so?''.
The SPEAKER pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The Chair would remind all Members that it is not in order to
discuss past or present official conduct cases of sitting Members unless
the matter is pending before the House as a question of privilege.''.
After further debate,
On motion of Mr. SOLOMON, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. GILLMOR, announced that the yeas had it.
Mr. HALL of Ohio objected to the vote on the ground that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
225
When there appeared
<3-line {>
Nays
191
para.113.41 [Roll No. 425]
YEAS--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--191
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Chenoweth
[[Page 2236]]
Clay
Clayton
Clement
Clyburn
Coburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Geren
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--17
Bunn
Chapman
Durbin
Engel
Funderburk
Gephardt
Gibbons
Hayes
Heineman
Lincoln
Oxley
Peterson (FL)
Rangel
Roberts
Studds
Torres
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.113.42 submission of conference report--h.r. 3259
Mr. COMBEST submitted a conference report (Rept. No. 104-832) on the
bill (H.R. 3259) to authorize appropriations for fiscal year 1997 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes; together with a statement thereon, for printing in the Record
under the rule.
para.113.43 faa reauthorization
On motion of Mr. DUNCAN, by unanimous consent, the bill (H.R. 3539) to
amend title 49, United States Code, to reauthorize programs of the
Federal Aviation Administration, and for other purposes; together with
the amendment of the Senate thereto, was taken from the Speaker's table.
When on motion of Mr. DUNCAN, it was,
Resolved, That the House disagree to the amendment of the Senate and
agree to the conference asked by the Senate on the disagreeing votes of
the two Houses thereon.
Thereupon, the SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent,
appointed the following Members as managers on the part of the House at
said conference:
From the Committee on Transportation and Infrastructure, for
consideration of the House bill (except section 501) and the Senate
amendment (except section 1001), and modifications committed to
conference: Messrs. Shuster, Clinger, Duncan, Oberstar, and Lipinski.
From the Committee on Transportation and Infrastructure, for
consideration of section 501 of the House bill and section 1001 of the
Senate amendment, and modifications committed to conference: Messrs.
Shuster, Clinger, and Oberstar.
As additional conferees from the Committee on Rules, for consideration
of section 675 of the Senate bill, and modifications committed to
conference: Messrs. Dreier, Linder, and Beilenson.
As additional conferees from the Committee on Science, for
consideration of sections 601-05 of the House bill, and section 103 of
the Senate amendment, and modifications committed to conference: Mr.
Walker, Mrs. Morella, and Mr. Brown of California.
As additional conferees from the Committee on Science, for
consideration of section 501 of the Senate amendment and modifications
committed to conference: Messrs. Walker, Sensenbrenner, and Brown of
California.
Ordered, That the Clerk notify the Senate thereof.
para.113.44 va-hud appropriations
Mr. LEWIS of California, pursuant to the order of the House of today,
called up the following conference report (Rept. No. 104-812):
The Committee of Conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
3666) ``making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1997, and
for other purposes,'' having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amendments numbered 11, 60,
107, and 112.
That the House recede from its disagreement to the
amendments of the Senate numbered 1, 2, 3, 5, 8, 12, 13, 15,
17, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 36, 37,
38, 39, 42, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56,
61, 62, 63, 64, 65, 66, 69, 71, 73, 74, 75, 76, 77, 78, 79,
82, 85, 86, 87, 88, 90, 92, 93, 94, 96, 97, 98, 99, 100, 101,
103, 104, 106, 108, 109, 110, 114, 115, 116, and agree to the
same.
Amendment numbered 4:
That the House recede from its disagreement to the
amendment of the Senate numbered 4, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$700,000,000; and the Senate agree to the same.
Amendment numbered 6:
That the House recede from its disagreement to the
amendment of the Senate numbered 6, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$61,207,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$827,584,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $250,858,000, of which $32,100,000 shall
be for the replacement hospital at Travis Air Force Base,
Fairfield, California, and shall not be released for
obligation prior to January 1, 1998, unless action is taken
by Congress specifically making such funds available, and all
funds appropriated under the above hearing are; and the
Senate agree to the same.
Amendment numbered 10:
That the House recede from its disagreement to the
amendment of the Senate numbered 10, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$175,000,000; and the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
development and additional new subsidized housing
For assistance for the purchase, construction, acquisition,
or development of additional public and subsidized housing
units for low income families under the United States Housing
Act of 1937, as amended (``the Act'' herein) (42 U.S.C.
1437), not otherwise provided for, $1,039,000,000, to remain
available until expended: Provided, That of the total amount
provided under this head, $645,000,000 shall be for capital
advances, including amendments to capital advance contracts,
for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental
assistance, and amendments to contracts for project rental
assistance, for supportive housing for the elderly under
section 202(c)(2) of the Housing Act of 1959; and
$194,000,000 shall be for capital advances, including
amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable
Housing Act, and for project rental assistance, and
amendments to contracts for project rental assistance, for
supportive housing for persons with disabilities as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act: Provided further, That the Secretary
may designate up to 25 percent of the amounts earmarked under
this paragraph for section 811 of the Cranston-Gonzalez
National Affordable Housing Act for tenant-based assistance,
as authorized under that section, in
[[Page 2237]]
cluding such authority as may be waived under the next
proviso, which assistance is five years in duration: Provided
further, That the Secretary may waive any provision of
section 202 of the Housing Act of 1959 and section 811 of the
National Affordable Housing Act (including the provisions
governing the terms and conditions of project rental
assistance and tenant-based assistance) that the Secretary
determines is not necessary to achieve the objectives of
these programs, or that otherwise impedes the ability to
develop, operate or administer projects assisted under these
programs, and may make provision for alternative conditions
or terms where appropriate: Provided further, That of the
total amount provided under this head $200,000,000 shall be
for the development or acquisition cost of public housing for
Indian families, including amounts for housing under the
mutual help homeownership opportunity program under section
202 of the Act (42 U.S.C. 1437bb).
prevention of resident displacement
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the
disabled because of the loss of affordable housing stock,
expiration of subsidy contracts (other than contracts for
which amounts are provided under the head ``Preserving
Existing Housing Investment'') or expiration of use
restrictions, or other changes in housing assistance
arrangements, and for other purposes, $4,640,000,000, to
remain available until expended: Provided, That of the total
amount provided under this head, $3,600,000,000 shall be for
assistance under the United States Housing Act of 1937 (42
U.S.C. 1437) for use in connection with expiring or
terminating section 8 subsidy contracts: Provided further,
That the Secretary may determine not to apply section 8
(o)(6)(B) of the Act to housing vouchers during fiscal year
1997: Provided further, That of the total amount provided
under this head, $850,000,000 shall be for amendments to
section 8 contracts other than contracts for projects
developed under section 202 of the Housing Act of 1959, as
amended: Provided further, That of the total amount provided
under this head, $190,000,000 shall be for assistance under
the United States Housing Act of 1937 (42 U.S.C. 1437) to
relocate residents of properties (i) that are owned by the
Secretary and being disposed of; (ii) that are discontinuing
section 8 project-based assistance; or (iii) subject to
special workout assistance team intervention compliance
actions; for the conversion of section 23 projects to
assistance under section 8; for funds to carry out the family
unification program; and for the relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency: Provided further, That of the total
amount made available under this head, $50,000,000 shall be
made available to nonelderly disabled families affected by
the designation of a public housing development under Section
7 of such Act or the establishment of preferences in
accordance with section 651 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13611).
preserving existing housing investment
For operating, maintaining, revitalizing, rehabilitating,
preserving, and protecting existing housing developments for
low income families, the elderly, and the disabled,
$5,750,000,000, to remain available until expended: Provided,
That of the total amount made available under this head,
$2,900,000,000 shall be available for payments to public
housing agencies and Indian housing authorities for operating
subsidies for low-income housing projects as authorized by
section 9 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g): Provided further, That of the
total amount made available under this head, $2,500,000,000
shall be available for modernization of existing public
housing projects as authorized under section 14 of the United
States Housing Act of 1937, as amended (42 U.S.C. 14371), of
which $10,000,000 shall be for carrying out activities under
section 6(j) of the United States Housing Act of 1937 and
technical assistance for the inspection of public housing
units, contract expertise, and training and technical
assistance directly or indirectly, under grants, contracts,
or cooperative agreements, to assist in the oversight and
management of public and Indian housing (whether or not the
housing is being modernized with assistance under this
proviso) or tenant-based assistance, including, but not
limited to, an annual resident survey, data collection and
analysis, training and technical assistance by or to
officials and employees of the department, and of public
housing agencies and to residents in connection with the
public and Indian housing program: Provided further, That of
the total amount provided under this head, $350,000,000 shall
be available for use in conjunction with properties that are
eligible for assistance under the Low Income Housing
Preservation and Resident Homeownership Act of 1990 (LIHPRHA)
or the Emergency Low-Income Housing Preservation Act of 1987
(ELIHPA), of which $75,000,000 shall be available for
obligation until March 1, 1997 for projects (1) that are
subject to a repayment or settlement agreement that was
executed between the owner and the Secretary prior to
September 1, 1995; (2) whose submissions were delayed as a
result of their locations in areas that were designated as a
Federal disaster area in a Presidential Disaster Declaration;
or (3) whose processing was, in fact or in practical effect,
suspended, deferred, or interrupted for a period of twelve
months or more because of differing interpretations, by the
Secretary and an owner or by the Secretary and a State or
local rent regulatory agency, concerning the timing of filing
eligibility or the effect of a presumptively applicable State
or local rent control law or regulation on the determination
of preservation value under section 213 of LIHPRHA, as
amended, if the owner of such project filed notice of intent
to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would
extend such restrictions, on or before November 1, 1993; and
of which, up to $100,000,000 may be used for rental
assistance to prevent displacement of families residing in
projects whose owners prepay their mortgages; and the balance
of which shall be available from the effective date of this
Act for sales to preferred priority purchasers: Provided
further, That with the exception of projects described in
clauses (1), (2), or (3) of the preceding proviso, the
Secretary shall, notwithstanding any other provision of law,
suspend further processing of preservation applications which
have not heretofore received approval of a plan of action:
Provided further, That $150,000,000 of amounts recaptured
from interest reduction payment contracts for section 236
projects whose owners prepay their mortgages during fiscal
year 1997 shall be rescinded: Provided further, That an owner
of eligible low-income housing may prepay the mortgage or
request voluntary termination of a mortgage insurance
contract, so long as said owner agrees not to raise rents for
sixty days after such prepayment: Provided further, That such
developments have been determined to have preservation equity
at least equal to the lesser of $5,000 per unit or $500,000
per project or the equivalent of eight times the most
recently published monthly fair market rent for the area in
which the project is located as the appropriate unit size for
all of the units in the eligible project: Provided further,
That the Secretary may modify the regulatory agreement to
permit owners and priority purchasers to retain rental income
in excess of the basic rental charge in projects assisted
under section 236 of the National Housing Act, for the
purpose of preserving the low and moderate income character
of the housing: Provided further, That eligible low-income
housing shall include properties meeting the requirements of
this paragraph with mortgages that are held by the State
agency as a result of a sale by the Secretary without
insurance which immediately before the sale would have been
eligible low-income housing under LIHPRHA: Provided further,
That notwithstanding any other provision of law, subject to
the availability of appropriated funds, each low-income
family, and moderate-income family who is elderly or disabled
or is residing in a low-vacancy area, residing in the housing
on the date of prepayment or voluntary termination, and whose
rent, as a result of a rent increase occurring no later than
one year after the date of the prepayment, exceeds 30 percent
of adjusted income, shall be offered tenant-based assistance
in accordance with section 8 or any successor program, under
which the family shall pay no less for rent than it paid on
such date: Provided further, That any family receiving
tenant-based assistance under the preceding proviso may elect
(1) to remain in the unit of the housing and if the rent
exceeds the fair market rent or payment standard, as
applicable, the rent shall be deemed to be the applicable
standard, so long as the administering public housing agency
finds that the rent is reasonable in comparison with rents
charged for comparable unassisted housing units in the market
or (2) to move from the housing and the rent will be subject
to the fair market rent of the payment standard, as
applicable, under existing program rules and procedures:
Provided further, That the tenant-based assistance made
available under the preceding two provisos are in lieu of
benefits provided in subsections 223(b), (c), and (d) of the
low Income Housing Preservation and Resident Homeownership
Act of 1990: Provided further, That any sales shall be funded
using the capital grant available under section 220(d)(3)(A)
of LIHPRHA: Provided further, That any extensions shall be
funded using a non-interest-bearing capital (direct) loan by
the Secretary not in excess of the amount of the cost of
rehabilitation approved in the plan of action plus 65 percent
of the property's preservation equity and under such other
terms and conditions as the Secretary may prescribe: Provided
further, That any capital grant shall be limited to seven
times, and any capital loan limited to six times, the annual
fair market rent for the project, as determined using the
fair market rent for fiscal year 1997 for the areas in which
the project is located using the appropriate apartment sizes
and mix in the eligible project, except where, upon the
request of a priority purchaser, the Secretary determines
that a greater amount is necessary and appropriate to
preserve low-income housing: Provided further, That section
241(f) of the National Housing Act is repealed and insurance
under such section shall not be offered as an incentive under
LIHPRHA and ELIHPA: Provided further, That up to $10,000,000
of the amount of $350,000,000 made available by a preceding
proviso in this paragraph may be used at the discretion of
the Secretary to reimburse owners of eligible properties for
which plans of action were submitted prior to the effective
date of this Act, but were not executed for lack of available
funds, with such reimbursement available only for documented
costs directly applicable to the preparation of the plan of
action as determined by the Secretary, and shall be made
available on terms and conditions to be established by the
Secretary: Provided further, That, notwithstanding any other
provision of law, a priority purchaser may utilize assistance
under the HOME Investment Partnerships Act or the Low Income
Housing Tax Credit; Provided further, That projects with
approved plans of action which exceed the limitations on
eligibility for funding imposed by its Act may submit revised
plans of action which conform to these limitations by March
1, 1997 and retain the priority for funding otherwise
applicable from the original date of approval of their plan
of action, subject to securing any additional necessary
funding commitments by August 1, 1997.
[[Page 2238]]
revitalization of severely distressed public housing
For grants to public housing agencies for assisting in the
demolition of obsolete public housing projects or portions
thereof, the revitalization (where appropriate) of sites
(including remaining public housing units) on which such
projects are located, replacement housing which will avoid or
lessen concentrations of very low-income families, and
tenant-based assistance in accordance with section 8 of the
United States Housing Act of 1937; and for providing
replacement housing and assisting tenants to be displaced by
the demolition, $550,000,000, to remain available until
expended, of which the Secretary may use up to $2,500,000 for
technical assistance, to be provided directly or indirectly
by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in
such training, by or to officials and employees of the
Department and of public housing agencies and to residents:
Provided, That no funds appropriated in this title shall be
used for any purpose that is not provided for herein, in the
Housing Act of 1937, in the Appropriations Acts for Veterans
Affairs, Housing and Urban Development, and Independent
Agencies, for the fiscal years 1993, 1994, and 1995, and the
Omnibus Consolidated Rescissions and Appropriations Act of
1996: Provided further, That none of such funds shall be used
directly or indirectly by granting competitive advantage in
awards to settle litigation or pay judgments, unless
expressly permitted herein: Provided further, That,
notwithstanding any other provision of law, the funds made
available to the Housing Authority of New Orleans under HOPE
VI for purposes of Desire Homes, shall not be obligated or
expended for on-site construction until an independent third
party has determined whether the site is appropriate.
drug elimination grants for low-income housing (including transfer of
funds)
For grants to public and Indian housing agencies for use in
eliminating crime in public housing projects authorized by 42
U.S.C. 11901-11908, for grants for federally assisted low-
income housing authorized by 42 U.S.C. 11909, and for drug
information clearinghouse services authorized by 42 U.S.C.
11921-11925, $290,000,000, to remain available until
expended, $10,000,000 of which shall be for grants, technical
assistance, contracts and other assistance training, program
assessment, and execution for or on behalf of public housing
agencies and resident organizations (including the cost of
necessary travel for participants in such training),
$5,000,000 of which shall be used in connection with efforts
to combat violent crime in public and assisted housing under
the Operation Safe Home program administered by the Inspector
General of the Department of Housing and Urban Development,
and $5,000,000 of which shall be provided to the Office of
Inspector General for Operation Safe Home: Provided further,
That the term ``drug-related crime'', as defined in 42 U.S.C.
11905(2), shall also include other types of crime as
determined by the Secretary: Provided further, That
notwithstanding section 5130(c) of the Anti-Drug Abuse Act of
1988 (42 U.S.C. 11909(c)), the Secretary may determine not to
use any such funds to provide public housing youth sports
grants.
And the Senate agree to the same.
Amendment numbered 16:
That the House recede from its disagreement to the
amendment of the Senate numbered 16, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$67,000,000; and the Senate agree to the same.
Amendment numbered 18:
That the House recede from its disagreement to the
amendment of the Senate numbered 18, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
Of the Amount provided under this heading, the Secretary of
Housing and Urban Development may use up to $60,000,000 for
grants to public housing agencies (including Indian housing
authorities), nonprofit corporations, and other appropriate
entities for a supportive service program to assist residents
of public and assisted housing, former residents of such
housing receiving tenant-based assistance under section 8 of
such Act (42 U.S.C. 1437f), and other low-income families and
individuals to become self-sufficient: Provided, That the
program shall provide supportive services, principally for
the benefit of public housing residents, to the elderly and
the disabled, and to families with children where the head of
household would benefit for the receipt of supportive
services and in working, seeking work, or in preparing for
work by participating in job training or educational
programs: Provided further, That the supportive services may
include congregate services for the elderly and disabled,
service coordinators, and coordinated educational, training,
and other supportive services, including academic skills
training, job search assistance, assistance related to
retaining employment, vocational and entrepreneurship
development and support programs, transportation, and child
care: Provided further, That the Secretary shall require
applications to demonstrate firm commitments of funding or
services from other sources: Provided further, That the
Secretary shall select public and Indian housing agencies to
receive assistance under this head on a competitive basis,
taking into account the quality of the proposed program
(including any innovative approaches, the extent of the
proposed coordination of supportive services, the extent of
commitments of funding or services from other sources, the
extent to which the proposed program includes reasonably
achievable, quantifiable goals for measuring performance
under the program over a three-year period, the extent of
success an agency has had in carrying out other comparable
initiatives, and other appropriate criteria established by
the Secretary): Provided further, That from the foregoing
$60,000,000, up to $5,000,000 shall be available for the
Tenant Opportunity Program, and up to $5,000,000 shall be
available for the Moving to Work Demonstration for public
housing families.
And the Senate agree to the same.
Amendment numbered 20:
That the House recede from its disagreement to the
amendment of the Senate numbered 20, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$30,000,000; and the Senate agree to the same.
Amendment numbered 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: $976,840,000, of which
$15,000,000 may be used for additional retraining,
relocation, permanent change of station, and other activities
related to downsizing only upon submission of a detailed and
specific, multi-year downsizing plan to the Committee on
Appropriations of the House of Representatives and the
Senate, and; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$15,500,000; and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following:
Sec. 201. Extenders.--(a) Public Housing Funding
Flexibility.--Section 201(a)(2) of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 is amended by
striking ``1996'' and inserting ``1997''.
(b) One-for-One Replacement of Public and Indian Housing.--
Section 1002(d) of Public Law 104-19 is amended by striking
``before September 30, 1996'' and inserting ``on or before
September 30, 1997''.
(c) Public and Assisted Housing Rents, Income Adjustments,
and Preferences.--(1)(A) Section 402(a) of The Balanced
Budget Downpayment Act, I is amended--
(i) by striking ``effective for fiscal year 1996 and no
later than October 30, 1995'' and inserting ``and subsection
(f) of this section, effective for fiscal year 1997'';
(ii) in paragraphs (1), (2), and (4), by striking ``not
less than $25, and may require a minimum monthly rent of'';
and
(iii) in paragraph (3), by striking ``not less than $25 for
the unit, and may require a minimum monthly rent of''.
(B) Section 230 of Public Law 104-134 is hereby repealed.
(2) Section 402(f) of The Balanced Budget Downpayment Act,
I is amended by striking ``fiscal year 1996'' and inserting
``fiscal years 1996 and 1997''.
(d) Applicability to IHAS.--In accordance with section
201(b)(2) of the United States Housing Act of 1937, the
amendments made by subsections (a), (b), and (c) shall apply
to public housing developed or operated pursuant to a
contract between the Secretary of Housing and Urban
Development and an Indian housing authority.
(e) Streamlining Section 8 Tenant-Based Assistance.--
Section 203(d) of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1996 is amended by striking ``fiscal year
1996'' and inserting ``fiscal years 1996 and 1997''.
(f) Section 8 Fair Market Rentals and Delay in
Reissuance.--(1) The first sentence of section 403(a) of the
Balanced Budget Downpayment Act, I, is amended by striking
``1996'' and inserting ``1997''.
(2) Section 403(c) of such Act is amended--
(A) by striking ``fiscal year 1996'' and inserting ``fiscal
years 1996 and 1997''; and
(B) by inserting before the semicolon the following: ``for
assistance made available during fiscal year 1996 and October
1, 1997 for assistance made available during fiscal year
1997''.
(g) Section 8 Rent Adjustments.--Section 8(c)(2)(A) of the
United States Housing Act of 1937 is amended--
(1) in the third sentence by inserting ``, fiscal year 1996
prior to April 26, 1996, and fiscal year 1997'' after
``1995'';
(2) in the fourth sentence, by striking ``For'' and
inserting ``Except for assistance under the certificate
program, for'';
(3) after the fourth sentence, by inserting the following
new sentence: ``In the case of assistance under the
certificate program, 0.01 shall be subtracted from the amount
of the annual adjustment factor (except that the factor shall
not be reduced to less than 1.0), and the adjusted rent shall
not exceed the rent for a comparable unassisted unit of
similar quality, type, and age in the market area.''; and
(4) in the last sentence, by--
(A) striking ``sentence'' and inserting ``two sentences'';
and
(B) inserting ``, fiscal year 1996 prior to April 26, 1996,
and fiscal year 1997'' after ``1995''.
And the Senate agree to the same.
Amendment numbered 35:
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
At the end of the matter proposed by said amendment, insert
the following: Any grant
[[Page 2239]]
or assistance made under this section shall be made in
accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989 on a competitive basis.
And the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the
amendment of the Senate numbered 40, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
Sec. 210. (a) Financing Adjustment Factors.--Fifty per
centum of the amounts of budget authority, or in lieu thereof
50 per centum of the cash amounts associated with such budget
authority, that are recaptured from projects described in
section 1012(a) of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (Public Law 100-628, 102
Stat. 3224, 3268) shall be rescinded, or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section.
(b) In addition to amounts otherwise provided by this Act,
$464,442 is appropriated to the Department of Housing and
Urban Development for payment to the Utah Housing Finance
Agency, in lieu of amounts lost to such agency in bond
refinancings during 1994, for its use in accordance with
subsection (a).
And the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
SEC. 211. SECTION 8 CONTRACT RENEWAL AUTHORITY.
(a) Definitions.--For purposes of this section--
(1) the term ``expiring contract'' means a contract for
project-based assistance under section 8 of the United States
Housing Act of 1937 that expires during fiscal year 1997;
(2) the term ``family'' has the same meaning as in section
3(b) of the United States Housing Act of 1937;
(3) the term ``multifamily housing project'' means a
property consisting of more than 4 dwelling units that is
covered in whole or in part by a contract for project-based
assistance under section 8 of the United States Housing Act
of 1937;
(4) the term ``owner'' has the same meaning as in section
8(f) of the United States Housing Act of 1937;
(5) the term ``project-based assistance'' means rental
assistance under section 8 of the United States Housing Act
of 1937 that is attached to a multifamily housing project;
(6) the term ``public agency'' means a State housing
finance agency, a local housing agency, or other agency with
a public purpose and status;
(7) the term ``Secretary'' means the Secretary of Housing
and Urban Development; and
(8) the term ``tenant-based assistance'' has the same
meaning as in section 8(f) of the United States Housing Act
of 1937.
(b) Section 8 Contract Renewal Authority.--
(1) In general.--Notwithstanding section 405(a) of the
Balanced Budget Downpayment Act, I, upon the request of the
owner of a multifamily housing project that is covered by an
expiring contract, the Secretary shall use amounts made
available for the renewal of assistance under section 8 of
the United States Housing Act of 1937 to renew the expiring
contract as project-based assistance for a period of not more
than 1 year, at rent levels that are equal to those under the
expiring contract as of the date of which the contract
expires, provided that those rent levels do not exceed 120
percent of the fair market rent for the market area in which
the project is located. For a FHA-insured multifamily housing
project with an expiring contract at rent levels that exceed
120 percent of the fair market rent for the market area, the
Secretary shall provide, at the request of the owner, section
8 project-based assistance, for a period of not more than 1
year, at rent levels that do not exceed 120 percent of the
fair market rent.
(2) Exemption for state and local housing agency
projects.--Notwithstanding paragraph (1), upon the expiration
of a contract with rent levels that exceed the percentage
described in that paragraph, if the Secretary determines that
the primary financing or mortgage insurance for the
multifamily housing project that is covered by that expiring
contract was provided by a public agency, the Secretary
shall, at the request of the owner and the public agency,
renew the expiring contract--
(A) for a period of not more than 1 year; and
(B) at rent levels that are equal to those under the
expiring contract as of the date on which the contract
expires.
(3) Section 202, Section 811, and Section 515 Projects.
Notwithstanding paragraph (1), for section 202 projects,
section 811 projects and section 515 projects, upon the
expiration of a section 8 contract, the Secretary shall, at
the request of the owner, renew the expiring contract--
(A) for a period of not more than 1 year; and
(B) at rent levels that are equal to those under the
expiring contract as of the date on which the contract
expires.
(4) Other contracts.--
(A) Participation in demonstration.--For a contract
covering an FHA-insured multifamily housing project that
expires during fiscal year 1997 with rent levels that exceed
the percentage described in paragraph (1) and after notice to
the tenants, the Secretary shall, at the request of the owner
of the project and after notice to the tenants, include that
multifamily housing project in the demonstration program
under section 212 of this Act. The Secretary shall ensure
that a multifamily housing project with an expiring contract
in fiscal year 1997 shall be allowed to be included in the
demonstration.
(B) Effect of material adverse actions or omissions.--
Notwithstanding paragraph (1) or any other provision of law,
the Secretary shall not renew an expiring contract if the
Secretary determines that the owner of the multifamily
housing project has engaged in material adverse financial or
managerial actions or omissions with regard to the project
(or with regard to other similar projects if the Secretary
determines that such actions or omissions constitute a
pattern of mismanagement that would warrant suspension or
debarment by the Secretary).
(C) Transfer of property.--For properties disqualified from
the demonstration program because of actions by an owner or
purchaser in accordance with subparagraph (B), the Secretary
shall establish procedures to facilitate the voluntary sale
or transfer of the property, with a preference for tenant
organizations and tenant-endorsed community-based nonprofit
and public agency purchasers meeting such reasonable
qualifications as may be established by the Secretary. The
Secretary may include the transfer of section 8 project-based
assistance.
(5) Tenant protections.--Any family residing in an assisted
unit in a multifamily housing project that is covered by an
expiring contract that is not renewed, shall be offered
tenant-based assistance before the date on which the contract
expires or is not renewed.
SEC. 212. FHA MULTIFAMILY DEMONSTRATION AUTHORITY.
(a) In General.--
(1) Repeal.--
(A) In general.--Section 210 of the Departments of Veterans
Affairs and Housing and Urban Development and Independent
Agencies Appropriations Act, 1996 (110 Stat. 1321) is
repealed.
(B) Exception.--Notwithstanding the repeal under
subparagraph (A), amounts made available under section 210(f)
the Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996
shall remain available for the demonstration program under
this section through the end of fiscal year 1997.
(2) Savings provisions.--Nothing in this section shall be
construed to affect any commitment entered into before the
date of enactment of this Act under the demonstration program
under section 210 of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies
Appropriations Act, 1996.
(3) Definitions.--For purposes of this section--
(A) the term ``demonstration program'' means the program
established under subsection (b);
(B) the term ``expiring contract'' means a contract for
project-based assistance under section 8 of the United States
Housing Act of 1937 that expires during fiscal year 1997;
(C) the term ``family'' has the same meaning as in section
3(b) of the United States Housing Act of 1937;
(D) the term ``multifamily housing project'' means a
property consisting of more than 4 dwelling units that is
covered in whole or in part by a contract for project-based
assistance;
(E) the term ``owner'' has the same meaning as in section
8(f) of the United States Housing Act of 1937;
(F) the term ``project-based assistance'' means rental
assistance under section 8 of the United States Housing Act
of 1937 that is attached to a multifamily housing project;
(G) the term ``Secretary'' means the Secretary of Housing
and Urban Development; and
(H) the term ``tenant-based assistance'' has the same
meaning as in section 8(f) of the United States Housing Act
of 1937.
(b) Demonstration Authority.--
(1) In general.--Subject to the funding limitation in
subsection (l), the Secretary shall administer a
demonstration program with respect to multifamily projects--
(A) whose owners agree to participate;
(B) with rents on units assisted under section 8 of the
United States Housing Act of 1937 that are, in the aggregate,
in excess of 120 percent of the fair market rent of the
market area in which the project is located; and
(C) the mortgages of which are insured under the National
Housing Act.
(2) Purpose.--The demonstration program shall be designed
to obtain as much information as is feasible on the economic
viability and rehabilitation needs of the multifamily housing
projects in the demonstration, to test various approaches for
restructuring mortgages to reduce the financial risk to the
FHA Insurance Fund while reducing the cost of section 8
subsidies, and to test the feasibility and desirability of--
(A) ensuring, to the maximum extent practicable, that the
debt service and operating expenses, including adequate
reserves, attributable to such multifamily projects can be
supported at the comparable market rent with or without
mortgage insurance under the National Housing Act and with or
without additional section 8 rental subsidies;
(B) utilizing section 8 rental assistance, while taking
into account the capital needs of the projects and the need
for adequate rental assistance to support the low- and very
low-income families residing in such projects; and
(C) preserving low-income rental housing affordability and
availability while reducing the long-term cost of section 8
rental assistance.
(c) Goals.--
[[Page 2240]]
(1) In general.--The Secretary shall carry out the
demonstration program in a manner that will protect the
financial interests of the Federal Government through debt
restructuring and subsidy reduction and, in the least costly
fashion, address the goals of--
(A) maintaining existing affordable housing stock in a
decent, safe, and sanitary condition;
(B) minimizing the involuntary displacement of tenants;
(C) taking into account housing market conditions;
(D) encouraging responsible ownership and management of
property;
(E) minimizing any adverse income tax impact on property
owners; and
(F) minimizing any adverse impacts on residential
neighborhoods and local communities.
(2) Balance of competing goals.--In determining the manner
in which a mortgage is to be restructured or a subsidy
reduced under this subsection, the Secretary may balance
competing goals relating to individual projects in a manner
that will further the purposes of this section.
(d) Participation Arrangements.--
(1) In general.--In carrying out the demonstration program,
the Secretary may enter into participation arrangements with
designees, under which the Secretary may provide for the
assumption by designees (by delegation, by contract, or
otherwise) of some or all of the functions, obligations,
responsibilities and benefits of the Secretary.
(2) Designees.--In entering into any arrangement under this
subsection, the Secretary shall select state housing finance
agencies, housing agencies or nonprofits (separately or in
conjunction with each other) to act as designees to the
extent such agencies are determined to be qualified by the
Secretary. In locations where there is no qualified state
housing finance agency, housing agency or nonprofit to act as
a designee, the Secretary may act as a designee. Each
participation arrangement entered into under this subsection
shall include a designee as the primary partner. Any
organization selected by the Secretary under this section
shall have a long-term record of service in providing low-
income housing and meet standards of fiscal responsibility,
as determined by the Secretary.
(3) Designee partnerships.--For purposes of any
participation arrangement under this subsection, designees
are encouraged to develop partnerships with each other, and
to contract or subcontract with other entities, including--
(A) public housing agencies;
(B) financial institutions;
(C) mortgage servicers;
(D) nonprofit and for-profit housing organizations;
(E) the Federal National Mortgage Association;
(F) the Federal Home Loan Mortgage Corporation;
(G) Federal Home Loan Banks; and
(H) other State or local mortgage insurance companies or
bank lending consortia.
(e) Long-Term Affordability.--
(1) In general.--After the renewal of a section 8 contract
pursuant to a restructuring under this section, the owner
shall accept each offer to renew the section 8 contract, for
a period of 20 years from the date of the renewal under the
demonstration, if the offer to renew is on terms and
conditions, as agreed to by Secretary or designee and the
owner under a restructuring.
(2) Affordability requirements.--Except as otherwise
provided by the Secretary, in exchange for any mortgage
restructuring under this section, a project shall remain
affordable for a period of not less than 20 years.
Affordability requirements shall be determined in accordance
with guidelines established by the Secretary or designee. The
Secretary or designee may waive these requirements for good
cause.
(f) Procedures.--
(1) Notice of participation in demonstration.--Not later
than 45 days before the date of expiration of an expiring
contract (or such later date, as determined by the Secretary,
for good cause), the owner of the multifamily housing project
covered by that expiring contract shall notify the Secretary
or designee and the residents of the owner's intent to
participate in the demonstration program.
(2) Demonstration contract.--Upon receipt of a notice under
paragraph (1), the owner and the Secretary or designee shall
enter into a demonstration contract, which shall provide for
initial section 8 project-based rents at the same rent levels
as those under the expiring contract or, if practical, the
budget-based rent to cover debt service, reasonable operating
expenses (including reasonable and appropriate services), and
a reasonable return to the owner, as determined solely by the
Secretary. The demonstration contract shall be for the
minimum term necessary for the rents and mortgages of the
multifamily housing project to be restructured under the
demonstration program, but shall not be for a period of time
to exceed 180 days, unless extended for good cause by the
Secretary.
(g) Project-Based Section 8.--The Secretary shall renew all
expiring contracts under the demonstration as section 8
project-based contracts, for a period of time not to exceed 1
year, unless otherwise provided under subsection (h).
(h) Demonstration Actions.--
(1) Demonstration actions.--For purposes of carrying out
the demonstration program, and in order to ensure that
contract rights are not abrogated, subject to such third
party consents as are necessary (if any), including consent
by the Government National Mortgage Association if it owns a
mortgage insured by the Secretary, consent by an issuer under
the mortgage-backed securities program of the Association,
subject to the responsibilities of the issuer to its security
holders an the Association under such program, and consent by
parties to any contractual agreement which the Secretary
proposes to modify or discontinue, the Secretary or, except
with respect to subparagraph (B), designee, subject to the
funding limitation in subsection (l), shall take not less
than 1 of the actions specified in subparagraphs (G), (H),
and (I) and may take any of the following actions:
(A) Removal of restrictions.--
(i) In general.--Consistent with the purposes of this
section, subject to the agreement of the owner of the project
and after consultation with the tenants of the project, the
Secretary or designee may remove, relinquish, extinguish,
modify, or agree to the removal of any mortgage, regulatory
agreement, project-based assistance contract, use agreement,
or restriction that had been imposed or required by the
Secretary, including restrictions on distributions of income
which the Secretary or designee determines would interfere
with the ability of the project to operate without above-
market rents.
(ii) Accumulated residual receipts.--The Secretary or
designee may require an owner of a property assisted under
the section 8 new construction/substantial rehabilitation
program under the United States Housing Act of 1937 to apply
any accumulated residual receipts toward effecting the
purposes of this section.
(B) Reinsurance.--With respect to not more than 5,000 units
within the demonstration during fiscal year 1997, the
Secretary may enter into contracts to purchase reinsurance,
or enter into participations or otherwise transfer economic
interest in contracts of insurance or in the premiums paid,
or due to be paid, on such insurance, on such terms and
conditions as the Secretary may determine. Any contract
entered into under this paragraph shall require that any
associated units be maintained as low-income units for the
life of the mortgages, unless waived by the Secretary for
good cause.
(C) Participation by third parties.--The Secretary or
designee may enter into such agreement, provide such
concessions, incur such costs, make such grants (including
grants to cover all or a portion of the rehabilitation costs
for a project) and other payments, and provide other valuable
consideration as may reasonably be necessary for owners,
lenders, services, third parties, and other entities to
participate in the demonstration program. The Secretary may
establish performance incentives for designees.
(D) Section 8 administrative fees.--Notwithstanding any
other provision of law, the Secretary may make fees available
from the section 8 contract renewal appropriation to a
designee for contract administration under section 8 of the
United States Housing Act of 1937 for purposes of any
contract restructured or renewed under the demonstration
program.
(E) Full or partial payment of claim.--Notwithstanding any
other provision of law, the Secretary may make a full payment
of claim or partial payment of claim prior to default.
(F) Credit enhancement.--
(i) In general.--The Secretary or designee may provide FHA
multifamily mortgage insurance, reinsurance, or other credit
enhancement alternatives, including retaining the existing
FHA mortgage insurance on a restructured first mortgage at
market value or using the multifamily risk-sharing mortgage
programs, as provided under section 542 of the Housing and
Community Development Act of 1992. Any limitations on the
number of units available for mortgage insurance under
section 542 shall not apply to insurance issued for purposes
of the demonstration program.
(ii) Maximum percentage.--During fiscal year 1997, not more
than 25 percent of the units in multifamily housing projects
with expiring contracts in the demonstration, in the
aggregate, may be restructured without FHA insurance, unless
otherwise agreed to by the owner of a project.
(iii) Credit subsidy.--Any credit subsidy costs of
providing mortgage insurance shall be paid from amounts made
available under subsection (l).
(G) Mortgage restructuring.--
(i) In general.--The Secretary or designee may restructure
mortgages to provide a restructured first mortgage to cover
debt service and operating expenses (including a reasonable
rate of return to the owner) at the market rent, and a second
mortgage equal to the difference between the restructured
first mortgage and the mortgage balance of the eligible
multifamily housing project at the time of restructuring.
(ii) Credit subsidy.--Any credit subsidy costs of providing
a second mortgage shall be paid from amounts made available
under subsection (l).
(H) Debt forgiveness.--The Secretary or designee, for good
cause and at the request of the owner of a multifamily
housing project, may forgive at the time of the restructuring
of a mortgage any portion of a debt on the project that
exceeds the market value of the project.
(I) Budget-based rents.--The Secretary or designee may
renew an expiring contract, including a contract for a
project in which operating costs exceed comparable market
rents, for a period of not more than 1 year, at a budget-
based rent that covers debt service, reasonable operating
expenses (including all reasonable and appropriate services),
and a reasonable rate of return to the owner, as determined
solely by the Secretary, provided that the contract does not
exceed the rent levels under the expiring contract. The
Secretary may establish a preference under the demonstration
program for budget-based rents for unique housing projects,
such as projects designated for occupancy by elderly families
and projects in rural areas.
(J) Section 8 tenant-based assistance.--For not more than
10 percent of units in multifamily housing projects that have
had their mortgages restructured in any fiscal year under the
demonstration, the Secretary or designee may provide, with
the agreement of an owner and in consultation with the
tenants of the housing, section 8 tenant-based assistance for
[[Page 2241]]
some or all of the assisted units in a multifamily housing
project in lieu of section 8 project-based assistance.
Section 8 tenant-based assistance may only be provided where
the Secretary determines and certifies that there is adequate
available and affordable housing within the local area and
that tenants will be able to use the section 8 tenant-based
assistance successfully.
(2) Offer and acceptance.--Notwithstanding any other
provision of law, an owner of a project in the demonstration
must accept any reasonable offer made by the Secretary or a
designee under this subsection. An owner may appeal the
reasonableness of any offer to the Secretary and the
Secretary shall respond within 30 days of the date of appeal
with a final offer. If the final offer is not acceptable, the
owner may opt out of the program.
(i) Community and Tenant Input.--In carrying out this
section, the Secretary shall develop procedures to provide
appropriate and timely notice, including an opportunity for
comment and timely access to all relevant information, to
officials of the unit of general local government affected,
the community in which the project is situated, and the
tenants of the project.
(j) Transfer of Property.--The Secretary shall establish
procedures to facilitate the voluntary sale or transfer of
multifamily housing projects under the demonstration to
tenant organizations and tenant-endorsed community-based
nonprofit and public agency purchasers meeting such
reasonable qualifications as may be established by the
Secretary.
(k) Limitation on Demonstration Authority.--The Secretary
shall carry out the demonstration program with respect to
mortgages not to exceed 50,000 units.
(l) Funding.--In addition to the $30,000,000 made available
under section 210 of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies
Appropriations Act, 1996 (110 Stat. 1321), for the costs
(including any credit subsidy costs associated with providing
direct loans or mortgage insurance) of modifying and
restructuring loans held or guaranteed by the Federal Housing
Administration, as authorized under this section, $10,000,000
is hereby appropriated, to remain available until September
30, 1998.
(m) Report to Congress.--
(1) In general.--
(A) Quarterly reports.--Not less than every 3 months, the
Secretary shall submit to the Congress a report describing
and assessing the status of the projects in the demonstration
program.
(B) Final report.--Not later than 6 months after the end of
the demonstration program, the Secretary shall submit to the
Congress a final report on the demonstration program.
(2) Contents.--Each report submitted under paragraph (1)(A)
shall include a description of--
(A) each restructuring proposal submitted by an owner of a
multifamily housing project, including a description of the
physical, financial, tenancy, and market characteristics of
the project;
(B) the Secretary's evaluation and reasons for each
multifamily housing project selected or rejected for
participation in the demonstration program;
(C) the costs to the FHA General Insurance and Special Risk
Insurance funds;
(D) the subsidy costs provided before and after
restructuring;
(E) the actions undertaken in the demonstration program,
including the third party arrangements made; and
(F) the demonstration program's impact on the owners of the
projects, including any tax consequences.
(3) Contents of final report.--The report submitted under
paragraph (1)(B) shall include--
(A) the required contents under paragraph (2); and
(B) any findings and recommendations for legislative
action.
And the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
SEC. 214. USES OF CERTAIN ASSISTED HOUSING AMOUNTS.
(a) Transfer Authority.--The Secretary may transfer
recaptured section 8 amounts from the Annual Contributions
for Assisted Housing account under Public Law 104-134
(approved April 26, 1996; 110 Stat. 1321, 1321-265) and prior
laws to the accounts and for the purposes set forth in
subsection (b). The amounts transferred under this section
shall be made available for use as prescribed under this
section notwithstanding section 8(bb) of the United States
Housing Act of 1937.
(b) Receiving Accounts.--
(1) Prevention of resident displacement.--The Secretary may
transfer to the Prevention of Resident Displacement account
an amount up to $50,000,000, in addition to amounts in such
account, that may be used to renew, under existing terms and
conditions, existing project-based section 8 contracts in
effect before a Plan of Action was approved, so that these
contracts expire 5 years from the date on which funds were
obligated for the Plan of Action approved under the Low
Income Housing Preservation and Resident Homeownership Act of
1990 or the Emergency Low-Income Housing Preservation Act of
1987. The Secretary shall transfer all amounts that the
Secretary determines to be necessary for fiscal year 1997 for
the purposes of this paragraph before transferring any
amounts under any other paragraph in this subsection.
(2) HOPWA.--The Secretary may transfer to the Housing
Opportunities For Persons With AIDS account up to
$25,000,000, for use in addition to amounts appropriated in
such account.
And the Senate agree to the same.
Amendment numbered 47:
That the House recede from its disagreement to the
amendment of the Senate numbered 47, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
SEC. 218. ACCOUNT TRANSITION.
The amounts of obligated balances in appropriations
accounts, as set forth in title II of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 and prior Acts
that are recaptured hereafter, to the extent not governed by
the specific language in an account or provision in this Act,
shall be held in reserve subject to reprogramming,
notwithstanding any other provision of law.
SEC. 219. TREATMENT OF CERTAIN PROPERTIES.
Notwithstanding any other provision of law, rehabilitation
activities undertaken in projects using the Low-Income
Housing Tax Credit allocated to developments in the City of
New Brunswick, New Jersey, in 1991, are deemed to have met
the requirements for rehabilitation in accordance with clause
(ii) of the third sentence of section 8(d)(2)(A) of the
United States Housing Act of 1937, as in effect before the
date of the enactment of this Act.
SEC. 220. AMENDMENT RELATING TO COMMUNITY DEVELOPMENT
ASSISTANCE.
Section 105(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking
``through 1997'' and inserting ``through 1998''.
SEC. 221. SECTION 236 PROGRAM AMENDMENTS.
(a) Section 236(f)(1) of the National Housing Act (12
U.S.C. 1715z-1), as amended by section 405(d)(1) of the
Balanced Budget Downpayment Act, I, and by section 228(a) of
The Balanced Budget Downpayment Act, II, is amended--
(1) in the second sentence, by striking ``the lower of
(i)'';
(2) in the second sentence, by striking ``or (ii) the fair
market rental established under section 8(c) of the United
States Housing Act of 1937 for the market area in which the
housing is located, or (iii) the actual rent (as determined
by the Secretary) paid for a comparable unit in comparable
unassisted housing in the market area in which the housing
assisted under this section is located, ''; and
(3) by inserting after the second sentence the following:
``However, in the case of a project which contains more
than 5,000 units, is subject to an interest reduction
payments contract, and is financed under a State or local
program, the Secretary may reduce the rental charge ceiling,
but in no case shall the rent be below basic rent. For plans
of action approved for Capital Grants under the Low-Income
Housing Preservation and Resident Homeownership Act of 1990
(LIHPRHA) or the Emergency Low Income Housing Preservation
Act of 1987 (ELIHPA), the rental charge for each dwelling
unit shall be at the basic rental charge or such greater
amount, not exceeding the lower of (i) the fair market rental
charge determined pursuant to this paragraph, or (ii) the
actual rent paid for a comparable unit in comparable
unassisted housing in the market area in which the housing
assisted under this section is located, as represents 30
percent of the tenant's adjusted income, but in no case shall
the rent be below basic rent.''.
(b) Section 236(b) of the National Housing Act is amended
by adding the following new paragraph at the end:
``(7) The Secretary shall determine whether and under what
conditions the provisions of this subsection shall apply to
mortgages sold by the Secretary on a negotiated basis.''.
(c) Section 236(g) of the National Housing Act is amended
to read as follows:
``(g) The project owner shall, as required by the
Secretary, accumulate, safeguard, and periodically pay the
Secretary or such other entity as determined by the Secretary
and upon such terms and conditions as the Secretary deems
appropriate, all rental charges collected on a unit-by-unit
basis in excess of the basic rental charges. Unless otherwise
directed by the Secretary, such excess charges shall be
credited to a reserve fund to be used by the Secretary to
make additional assistance payments as provided in paragraph
(3) of subsection (f). However, a project owner with a
mortgage insured under this section may retain some or all of
such excess charges for project use if authorized by the
Secretary and upon such terms and conditions as established
by the Secretary.''.
And, the matter under the heading ``Fair housing and equal
opportunity, fair housing activities'', on page 35, line 22,
through page 36, line 5 of the House engrossed bill is
amended to read as follows: For contracts, grants, and other
assistance, not otherwise provided for, as authorized by
title VIII of the Civil Rights Act of 1968, as amended by the
Fair Housing Amendments Act of 1988, and section 561 of the
Housing and Community Development Act of 1987, as amended,
$30,000,000, to remain available until September 30, 1998, of
which $15,000,000 shall be to carry out activities pursuant
to section 561. No funds made available under this heading
shall be used to lobby the executive or legislative branches
of the Federal Government in connection with a specific
contract, grant or loan.
And the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $542,000,000; and the Senate agree to the
same.
[[Page 2242]]
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $1,710,000,000; and the Senate agree to
the same.
Amendment numbered 59:
That the House recede from its disagreement to the
amendment of the Senate numbered 59, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$87,220,000; and the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$2,875,207,000; and the Senate agree to the same.
Amendment numbered 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,900,000,000; and the Senate agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows: $136,000,000 for making grants for the
construction of wastewater and water treatment facilities and
the development of groundwater in accordance with the terms
and conditions specified for such grants in the conference
report and joint explanatory statement of the committee of
conference accompanying this Act (H.R. 3666); ; and the
Senate agree to the same.
Amendment numbered 72:
That the House recede from its disagreement to the
amendment of the Senate numbered 72, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$1,900,000,000; and the Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert: :
Provided, That notwithstanding any other provision of this
paragraph, amounts appropriated herein shall be available for
obligation on October 1, 1996: Provided further, That the
Director of the Federal Emergency Management Agency (FEMA)
shall submit to the appropriate committees of Congress within
120 days of enactment of this Act a comprehensive report on
FEMA's plans to reduce disaster relief expenditures and
improve management controls on the Disaster Relief Fund; and
the Senate agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$167,500,000; and the Senate agree to the same.
Amendment numbered 83:
That the House recede from its disagreement to the
amendment of the Senate numbered 83, and agree to the same
with an amendment, as follows:
In Lieu of the sum proposed by said amendment, insert:
$206,701,000; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
The first sentence of section 1376(c) of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4127(c)), is
amended by striking all after ``this subsection'' and
inserting ``such sums as may be necessary through September
30, 1997 for studies under this title.''.
And the Senate agree to the same.
Amendment numbered 89:
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following: Upon the determination by the Administrator
that such action is necessary, the Administrator may, with
the approval of the Office of Management and Budget, transfer
not to exceed $177,000,000 of funds made available in this
Act to the National Aeronautics and Space Administration for
the International Space Station between ``Science,
aeronautics and technology'' and ``Human space flight'', to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation to which
transferred: Provided, That such authority to transfer may
not be used unless for higher priority items than those for
which originally appropriated: Provided further, That the
Administrator of the National Aeronautics and Space
Administration shall notify the Congress promptly of all
transfers made pursuant to this authority.
And the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the
amendment of the Senate numbered 91, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment, insert:
$619,000,000; and the Senate agree to the same.
Amendment numbered 95:
That the House recede from its disagreement to the
amendment of the Senate numbered 95, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 421. (a) The purpose of this section is to provide for
the special needs of certain children of Vietnam veterans who
were born with the birth defect spina bifida, possibly as the
result of the exposure of one or both parents to herbicides
during active service in the Republic of Vietnam during the
Vietnam era, through the provision of health care and
monetary benefits.
(b)(1) Part II of title 38, United States Code, is amended
by inserting after chapter 17 the following new chapter:
``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN
WITH SPINA BIFIDA
``Sec.
``1801. Definitions.
``1802. Spina bifida conditions covered.
``1803. Health care.
``1804. Vocational training and rehabilitation.
``1805. Monetary allowance.
``1806. Effective date of awards.
``Sec. 1801. Definitions
``For the purposes of this chapter--
``(1) The term `child', with respect to a Vietnam veteran,
means a natural child of the Vietnam veteran, regardless of
age or marital status, who was conceived after the date on
which the veteran first entered the Republic of Vietnam
during the Vietnam era.
``(2) The term `Vietnam veteran' means a veteran who
performed active military, naval, or air service in the
Republic of Vietnam during the Vietnam era.
``Sec. 1802. Spina bifida conditions covered
``This chapter applies with respect to all forms and
manifestations of spina bifida except spina bifida occulta.
``Sec. 1803. Health care
``(a) In accordance with regulations which the Secretary
shall prescribe, the Secretary shall provide a child of a
Vietnam veteran who is suffering from spina bifida with such
health care as the Secretary determines is needed by the
child for the spina bifida or any disability that is
associated with such condition.
``(b) The Secretary may provide health care under this
section directly or by contract or other arrangement with any
health care provider.
``(c) For the purposes of this section--
``(1) The term `health care'--
``(A) means home care, hospital care, nursing home care,
outpatient care, preventive care, habilitative care, case
management, and respite care; and
``(B) includes--
``(i) the training of appropriate members of a child's
family or household in the care of the child; and
``(ii) the provisions of such pharmaceuticals, supplies,
equipment, devices, appliances, assistive technology, direct
transportation costs to and from approved sources of health
care, and other materials as the Secretary determines
necessary.
``(2) The term `health care provider' includes specialized
spina bifida clinics, health care plans, insurers,
organizations, institutions, and any other entity or
individual who furnishes health care that the Secretary
determines authorized under this section.
``(3) The term `home care' means outpatient care,
habilitative and rehabilitative care, preventive health
services, and health-related services furnished to an
individual in the individual's home or other place of
residence.
``(4) The term `hospital care' means care and treatment for
a disability furnished to an individual who has been admitted
to a hospital as a patient.
``(5) The term `nursing home care' means care and treatment
for a disability furnished to an individual who has been
admitted to a nursing home as a resident.
``(6) The term `outpatient care' means care and treatment
of a disability, and preventive health services, furnished to
an individual other than hospital care or nursing home care.
``(7) The term `preventive care' means care and treatment
furnished to prevent disability or illness, including
periodic examinations, immunizations, patient health
education, and such other services as the Secretary
determines necessary to provide effective and economical
preventive health care.
``(8) The term `habilitative and rehabilitative care' means
such professional, counseling, and guidance services and
treatment programs (other than vocational training under
section 1804 of this title) as are necessary to develop,
maintain, or restore, to the maximum extent practicable, the
functioning of a disabled person.
``(9) The term `respite care' means care furnished on an
intermittent basis for a limited period to an individual who
resides primarily in a private residence when such care will
help the individual to continue residing in such private
residence.
``Sec. 1804. Vocational training and rehabilitation
``(a) Pursuant to such regulations as the Secretary may
prescribe, the Secretary may provide vocational training
under this section to a child of a Vietnam veteran who is
suffering from spina bifida if the Secretary determines that
the achievement of a vocational goal by such child is
reasonably feasible.
``(b) Any program of vocational training for a child under
this section shall be designed in consultation with the child
in order to meet the child's individual needs and shall be
set forth in
[[Page 2243]]
an individualized written plan of vocational rehabilitation.
``(c)(1) A vocational training program for a child under
this section--
``(A) shall consist of such vocationally oriented services
and assistance, including such placement and post-placement
services and personal and work adjustment training, as the
Secretary determines are necessary to enable the child to
prepare for and participate in vocational training or
employment; and
``(B) may include a program of education at an institution
of higher education if the Secretary determines that the
program of education is predominantly vocational in content.
``(2) A vocational training program under this subsection
may not include the provision of any loan or subsistence
allowance or any automobile adaptive equipment.
``(d)(1) Except as provided in paragraph (2) and subject to
subsection (e)(2), a vocational training program under this
section may not exceed 24 months.
``(2) The Secretary may grant an extension of a vocational
training program for a child under this section for up to 24
additional months if the Secretary determines that the
extension is necessary in order for the child to achieve a
vocational goal identified (before the end of the first 24
months of such program) in the written plan of vocational
rehabilitation formulated for the child pursuant to
subsection (b).
``(e)(1) A child who is pursuing a program of vocational
training under this section and is also eligible for
assistance under a program under chapter 35 of this title may
not receive assistance under both such programs concurrently.
The child shall elect (in such form and manner as the
Secretary may prescribe) the program under which the child is
to receive assistance.
``(2) The aggregate period for which a child may receive
assistance under this section and chapter 35 of this title
may not exceed 48 months (or the part-time equivalent
thereof).
``Sec. 1805. Monetary allowance
``(a) The Secretary shall pay a monthly allowance under
this chapter to any child of a Vietnam veteran for any
disability resulting from spina bifida suffered by such
child.
``(b)(1) The amount of the allowance paid to a child under
this section shall be based on the degree of disability
suffered by the child, as determined in accordance with such
schedule for rating disabilities resulting from spina bifida
as the Secretary may prescribe.
``(2) The Secretary shall, in prescribing the rating
schedule for the purposes of this section, establish three
levels of disability upon which the amount of the allowance
provided by this section shall be based.
``(3) The amounts of the allowance shall be $200 per month
for the lowest level of disability prescribed, $700 per month
for the intermediate level of disability prescribed, and
$1,200 per month for the highest level of disability
prescribed. Such amounts are subject to adjustment under
section 5312 of this title.
``(c) Notwithstanding any other provision of law, receipt
by a child of an allowance under this section shall not
impair, infringe, or otherwise affect the right of the child
to receive any other benefit to which the child may otherwise
be entitled under any law administered by the Secretary, nor
shall receipt of such an allowance impair, infringe, or
otherwise affect the right of any individual to receive any
benefit to which the individual is entitled under any law
administered by the Secretary that is based on the child's
relationship to the individual.
``(d) Notwithstanding any other provision of law, the
allowance paid to a child under this section shall not be
considered income or resources in determining eligibility for
or the amount of benefits under any Federal or federally
assisted program.
``Sec. 1806. Effective date of awards
``The effective date for an award of benefits under this
chapter shall be fixed in accordance with the facts found,
but shall not be earlier than the date of receipt of
application for the benefits.''.
(2) The tables of chapters before part I and at the
beginning of part II of such title are each amended by
inserting after the item referring to chapter 17 the
following new item:
``18. Benefits for Children of Vietnam Veterans Who Are Born With
Spina Bifida..................................................1801''.
(c) Section 5312 of title 38, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking out ``and the rate of increased pension''
and inserting in lieu thereof ``, the rate of increased
pension''; and
(B) by inserting after ``on account of children,'' the
following: ``and each rate of monthly allowance paid under
section 1805 of this title,''; and
(2) in subsection (c)(1), by striking out ``and 1542'' and
inserting in lieu thereof ``1542, and 1805''.
(d) This section and the amendments made by this section
shall take effect on January 1, 1997.
Sec. 422. (a) Section 1151 of title 38, United States Code,
is amended--
(1) by striking out the first sentence and inserting in
lieu thereof the following:
``(a) Compensation under this chapter and dependency and
indemnity compensation under chapter 13 of this title shall
be awarded for a qualifying additional disability or a
qualifying death of a veteran in the same manner as if such
additional disability or death were service-connected. For
purposes of this section, a disability or death is a
qualifying additional disability or qualifying death if the
disability or death was not the result of the veteran's
willful misconduct and--
``(1) the disability or death was caused by hospital care,
medical or surgical treatment, or examination furnished the
veteran under any law administered by the Secretary, either
by a Department employee or in a Department facility as
defined in section 1701(3)(A) of this title, and the
proximate cause of the disability or death was--
``(A) carelessness, negligence, lack of proper skill, error
in judgment, or similar instance of fault on the part of the
Department in furnishing the hospital care, medical or
surgical treatment, or examination; or
``(B) an event not reasonably foreseeable; or
``(2) the disability or death was proximately caused by the
provision of training and rehabilitation services by the
Secretary (including by a service-provider used by the
Secretary for such purpose under section 3115 of this title)
as part of an approved rehabilitation program under chapter
31 of this title.''; and
(2) in the second sentence--
(A) by redesignating that sentence as subsection (b);
(B) by striking out ``, aggravation,'' both places it
appears; and
(C) by striking out ``sentence'' and substituting in lieu
thereof ``subsection''.
(b)(1) The amendments made by subsection (a) shall take
effect on October 1, 1996.
(2) Section 1151 of title 38, United States Code (as
amended by subsection (a)), shall govern all administrative
and judicial determinations of eligibility for benefits under
such section that are made with respect to claims filed on or
after the effective date set forth in paragraph (1),
including those based on original applications and
applications seeking to reopen, revise, reconsider, or
otherwise readjudicate on any basis claims for benefits under
such section 1151 or any provision of law that is a
predecessor of such section.
(c) Notwithstanding subsection (b)(1), section 421(d), or
any other provision of this Act, section 421 and this section
shall not take effect until October 1, 1997, unless
legislation other than this Act is enacted to provide for a
earlier effective date.
And the Senate agree to the same.
Amendment numbered 102:
That the House recede from its disagreement to the
amendment of the Senate numbered 102, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 427. The amount provided in title I for ``Veterans
Health Administration--Medical Care'' is hereby increased by
$5,000,000.
And the Senate agree to the same.
Amendment numbered 105:
That the House recede from its disagreement to the
amendment of the Senate number 105, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following:
Sec.432. Calculation of Downpayment.Section 203(b) of the
National Housing Act (12 U.S.C. 1709(b)) is amended by adding
at the end thereof the following new paragraph:
``(10) Alaska and Hawaii.--
``(A) In general.Notwithstanding any other provision of
this subsection, with respect to a mortgage originated in the
State of Alaska or the State of Hawaii and endorsed for
insurance in fiscal year 1997, involve a principal obligation
not in excess of the sum of--
``(i) the amount of the mortgage insurance premium paid at
the time the mortgage is insured; and
``(ii)(I) in the case of a mortgage for a property with an
appraised value equal to or less than $50,000, 98.75 percent
of the appraised value of the property;
``(II) in the case of a mortgage for a property with an
appraised value in excess of $50,000 but not in excess of
$125,000, 97.65 percent of the appraised value of the
property.
``(III) in the case of a mortgage for a property with an
appraised value in excess of $125,000, 97.15 percent of the
appraised value of the property; or
``(IV) notwithstanding subclauses (II) and (III), in the
case of a mortgage for a property with an appraised value in
excess of $50,000 that is located in an area of the State for
which the average closing cost exceeds 2.10 percent of the
average, for the State, of the sale price of properties
located in the State for which mortgages have been executed,
97.75 percent of the appraised value of the property.
``(B) Average closing cost.--For purposes of this
paragraph, the term `average closing cost' means, with
respect to a State, the average, for mortgages executed for
properties that are located within the State, of the total
amounts (as determined by the Secretary) of initial service
charges, appraisal, inspection, and other fees (as the
Secretary shall approve) that are paid in connection with
such mortgages.''.
Sec. 433. Delegation of Single Family Mortgage Insuring
Authority to Direct Endorsement Mortgagees.--Title II of the
National Housing Act (12 U.S.C. 1707 et seq.) is amended by
adding at the end the following new section:
``delegation of insuring authority to direct endorsement mortgagees
``Sec. 256. (a) Authority.--The Secretary may delegate, to
one or more mortgages approved by the Secretary under the
direct endorsement program, the authority of the Secretary
under this Act to insure mortgages involving property upon
which there is located a dwelling designed principally for
occupancy by 1 to 4 families.
``(b) Considerations.--In determining whether to delegate
authority to a mortgage under this section, the Secretary
shall consider the experience and performance of the mortgage
compared to the default rate of all insured mortgages in
comparable markets, and such other factors as the Secretary
determines appropriate to minimize risk of loss to the
insurance funds under this Act.
[[Page 2244]]
``(c) Enforcement of Insurance Requirements.--
``(1) In general.--If the Secretary determines that a
mortgage insured by a mortgagee pursuant to delegation of
authority under this section was not originated in accordance
with the requirements established by the Secretary, and the
Secretary pays an insurance claim with respect to the
mortgage within a reasonable period specified by the
Secretary, the Secretary may require the mortgagee approved
under this section to indemnify the Secretary for the loss.
``(2) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in connection with the
origination, the Secretary may require the mortgagee approved
under this section to indemnify the Secretary for the loss
regardless of when an insurance claim is paid.
``(d) Termination of Mortgagee's Authority.--If a mortgagee
to which the Secretary has made a delegation under this
section violates the requirements and procedures established
by the Secretary or the Secretary determines that other good
cause exists, the Secretary may cancel a delegation of
authority under this section to the mortgagee by giving
notice to the mortgagee. Such a cancellation shall be
effective upon receipt of the notice by the mortgagee or at a
later date specified by the Secretary. A decision by the
Secretary to cancel a delegation shall be final and
conclusive and shall not be subject to judicial review.
``(e) Requirements and Procedures.--Before approving a
delegation under this section, the Secretary shall issue
regulations establishing appropriate requirements and
procedures, including requirements and procedures governing
the indemnification of the Secretary by the Mortgagee.''.
And the Senate agree to the same.
Amendment numbered 111:
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
Sec. 438. None of the funds appropriated or otherwise made
available to the National Aeronautics and Space
Administration by this Act, or any other Act enacted before
the date of enactment of this Act, may be used by the
Administrator of the National Aeronautics and Space
Administration to relocate aircraft of the National
Aeronautics and Space Administration based east of the
Mississippi River to the Dryden Flight Research Center in
California for the purpose of the consolidation of such
aircraft.
And the Senate agree to the same.
Amendment numbered 113:
That the House recede from its disagreement to the
amendment of the Senate numbered 113, and agree to the same
with an amendment, as follows:
In lieu of the matter inserted by said amendment, insert
the following:
Sec. 439. To promote and support management reorganization
of the National Aeronautics and Space Administration.
Subsection may be cited as the ``National Aeronautics and
Space Administration Federal Employment Reduction Assistance
Act of 1996.''
Subsection B. Definitions
(1) For the purposes of this section--
(a) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration; and
(b) the term ``employee'' means an employee of the National
Aeronautics and Space Administration serving under an
appointment without time limitation, who has been currently
employed with NASA for a continuous period of at least 12
months, except that such term does not include--
(1) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government;
(2) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(3) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (Public Law 103-
226; 108 Stat. 111), would qualify for a voluntary separation
incentive payment under section 3 of such Act; or
(4) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this Act or any other authority and has not repaid such
payment.
Subsection C. Incentive Payment Program
In order to avoid or minimize the need for involuntary
separations due to a reduction in force, installation
closure, reorganization, transfer of function, or other
similar action affecting the National Aeronautics and Space
Administration, the Administrator shall establish a program
under which separation pay, subject to the availability of
appropriated funds, may be offered to encourage eligible
employees to separate from service voluntarily (whether by
retirement or resignation).
Subsection D. Incentive Payments
In order to receive a voluntary separation incentive
payment, an employee must separate voluntarily (whether by
retirement or resignation) during the period of time for
which the payment of incentives has been authorized for the
employee under the agency plan. Such separation payments--
(1) shall be paid in a lump sum after the employee's
separation, and
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under
such section; or
(B) an amount that shall not exceed $25,000
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account for purposes of
determining the amount of any severance pay to which an
individual may be entitled under section 5595 of title 5,
United States Code, based on any other separation;
(5) shall be considered payment for a voluntary separation;
and
(6) shall be paid from the appropriations or funds
available for payment of the basic pay of the employee.
Subsection E. Effect of Subsequent employment with the Government
(1) An individual who has received a voluntary separation
incentive payment under this section and accepts any
employment with the Government of the United States within
five years after the date of the separation on which the
payment is based shall be required to repay, prior to the
individual's first day of employment, the entire amount of
the incentive payment to NASA.
(2) If the employment under paragraph (1) above is with an
Executive agency (as defined by section 105 of title 5,
United States Code), the United States Postal Service, or the
Postal Rate Commission, the Director of the Office of
Personnel Management may, at the request of the head of the
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified
applicant available for the position.
(3) If the employment under paragraph (1) above is with an
entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(4) If the employment under paragraph (1) above is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(5) For the purpose of this section, the term
``employment''--
(a) includes employment of any length or under any type of
appointment, but does not include employment that is without
compensation; and
(b) includes employment under a personal services contract.
subsection f. effect of subsequent disability retirement
An employee who has received an incentive payment is
ineligible to receive an annuity for reasons of disability
under applicable regulations, unless the incentive payment is
repaid.
subsection g. additional agency contributions to the retirement fund
(1) In addition to any other payments which it is required
to make under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, NASA shall remit to the Office
of Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee who is covered under
subchapter III of chapter 83 or chapter 84 of title 5 to whom
a voluntary separation incentive has been paid under this
Act.
(2) For the purpose of this section, the term ``final basic
pay'', with respect to an employee, means the total amount of
basic pay which would be payable for a year of service by
such employee, computed using the employee's final rate of
basic pay, and, if last serving on other than a full time
basis, with appropriate adjustment therefor.
subsection h. reduction of agency employment levels
(1) Total full time equivalent employment in NASA shall be
reduced by one for each separation of an employee who
receives a voluntary separation incentive payment under this
Act. The reduction will be calculated by comparing the
agency's full time equivalent employment for the fiscal year
in which the voluntary separation payments are made with the
authorized full time equivalent employment for the prior
fiscal year.
(2) The Office of Management and Budget shall monitor and
take appropriate action necessary to ensure that the
requirements of this section are met.
(3) The President shall take appropriate action to ensure
that functions involving more than 10 full time equivalent
employees are not converted to contracts by reason of the
enactment of this section, except in cases in which a cost
comparison demonstrates such contracts would be to the
advantage of the Government.
(4) The provisions of subsections (1) and (3) of this
section may be waived upon a determination by the President
that--
(1) the existence of a state of war or other national
emergency so requires; or
(2) the existence of an extraordinary emergency which
threatens life, health, safety, property, or the environment
so requires.
subsection i. reports
No later than March 31 of each fiscal year, NASA shall
submit to the Office of Personnel Management, who will
subsequently report to the Committee on Governmental Affairs
of the Senate and the Committee on Government Reform and
Oversight of the House of Representatives a report which,
with respect to the preceding fiscal year, shall include--
(1) the number of employees who received voluntary
separation incentives;
(2) the average amount of such incentives; and,
(3) the average grade or pay level of the employees who
received incentives.
[[Page 2245]]
subsection j. effective date
(1) The provisions of this section shall take effect on the
date of enactment of this section.
(2) No voluntary separation incentive under this section
may be paid based on the separation of an employee after
September 30, 2000.
Sec. 440. (a) Subject to the concurrence of the
Administrator of the General Services Administration (GSA)
and notwithstanding section 707 of Public Law 103-433, the
Administrator of the National Aeronautics and Space
Administration may convey to the city of Downey, California,
all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon,
consisting of approximately 60 acres and known as Parcels
III, IV, V, and VI of the NASA Industrial Plant, Downey,
California.
(b)(1) Delay in payment of consideration.--After the end of
the 20-year period beginning on the date on which the
conveyance under subsection (a) is completed, the City of
Downey shall pay to the United States an amount equal to fair
market value of the conveyed property as of the date of the
Federal conveyance.
(2) Effect of reconveyance by the city.--If the City of
Downey reconveys all or any part of the conveyed property
during such 20-year period, the City shall pay to the United
States an amount equal to the fair market value of the
reconveyed property as of the time of the reconveyance,
excluding the value of any improvements made to the property
by the City.
(3) Determination of fair market value.--The Administrator
of GSA shall determine fair market value in accordance with
Federal appraisal standards and procedures.
(4) Treatment of leases.--The Administrator of GSA may
treat a lease of the property within such 20-year period as a
reconveyance if the Administrator determines that the lease
is being used to avoid application of paragraph (b)(2).
(5) Deposit of proceeds.--The Administrator of GSA shall
deposit any proceeds received under this subsection in the
special account established pursuant to section 204(h)(2) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 485(h)(2)).
(c) The exact acreage and legal description of the real
property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Administrator of
GSA. The cost of the survey shall be borne by the City of
Downey, California.
(d) The Administrator of GSA may require such additional
terms and conditions in connection with the conveyance under
subsection (a) as the Administrator of GSA considers
appropriate to protect the interests of the United States.
(e) If the City at any time after the conveyance of the
property under subsection (a) notifies the Administrator of
GSA that the City no longer wishes to retain the property, it
may convey the property under the terms of subsection (b),
or, it may revert all right, title, and interest in and to
the property (including any facilities, equipment, or
fixtures conveyed, but excluding the value of any
improvements made to the property by the City) to the United
States, and the United States shall have the right of
immediate entry onto the property.
And the Senate agree to the same.
Amendment numbered 117:
That the House recede from its disagreement to the
amendment of the Senate numbered 117, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
TITLE VI--NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ``Newborns' and Mothers'
Health Protection Act of 1996''.
SEC. 602. FINDING.
Congress finds that--
(1) the length of post-delivery hospital stay should be
based on the unique characteristics of each mother and her
newborn child, taking into consideration the health of the
mother, the health and stability of the newborn, the ability
and confidence of the mother and the father to care for their
newborn, the adequacy of support systems at home, and the
access of the mother and her newborn to appropriate follow-up
health care; and
(2) the timing of the discharge of a mother and her newborn
child from the hospital should be made by the attending
provider in consultation with the mother.
SEC. 603. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974
(a) In General.--Part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (added by
section 101(a) of the Health Insurance Port-ability and
Accountability Act of 1996) is amended--
(1) by amending the heading of the part to read as follows:
``Part 7--Group Health Plan Requirements'';
(2) by inserting after the part heading the following:
``Subpart A--Requirements Relating to Portability, Access, and
Renewability'';
(3) by redesignating sections 704 through 707 as sections
731 through 734, respectively;
(4) by inserting before section 731 (as so redesignated)
the following new heading:
``Subpart C--General Provisions'';
and
(5) by inserting after section 703 the following new
subpart:
``Subpart B--Other Requirements
``SEC. 711. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND
NEWBORNS.
``(a) Requirements for Minimum Hospital Stay Following
Birth.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
may not--
``(A) except as provided in paragraph (2)--
``(i) restrict benefits for any hospital length of stay in
connection with childbirth for the mother or newborn child,
following a normal vaginal delivery, to less than 48 hours,
or
``(ii) restrict benefits for any hospital length of stay in
connection with childbirth for the mother or newborn child,
following a caesarean section, to less than 96 hours; or
``(B) require that a provider obtain authorization from the
plan or the issuer for prescribing any length of stay
required under subparagraph (A) (without regard to paragraph
(2)).
``(2) Exception.--Paragraph (1)(A) shall not apply in
connection with any group health plan or health insurance
issuer in any case in which the decision to discharge the
mother or her newborn child prior to the expiration of the
minimum length of stay otherwise required under paragraph
(1)(A) is made by an attending provider in consultation with
the mother.
``(b) Prohibitions.--A group health plan, and a health
insurance issuer offering group health insurance coverage in
connection with a group health plan, may not--
``(1) deny to the mother or her newborn child eligibility,
or continued eligibility, to enroll or to renew coverage
under the terms of the plan, solely for the purpose of
avoiding the requirements of this section;
``(2) provide monetary payments or rebates to mothers to
encourage such mothers to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section;
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section; or
``(5) subject to subsection (c)(3), restrict benefits for
any portion of a period within a hospital length of stay
required under subsection (a) in a manner which is less
favorable than the benefits provided for any preceding
portion of such stay.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a mother who is a participant or beneficiary--
``(A) to give birth in a hospital; or
``(B) to stay in the hospital for a fixed period of time
following the birth of her child.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for hospital lengths of stay in connection with
childbirth for a mother or her newborn child.
``(3) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation
to benefits for hospital lengths of stay in connection with
childbirth for a mother or newborn child under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other
cost-sharing for any portion of a period within a hospital
length of stay required under subsection (a) may not be
greater than such coinsurance or cost-sharing for any
preceding portion of such stay.
``(d) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a)(1), for purposes of assuring notice of such
requirements under the plan; except that the summary
description required to be provided under the last sentence
of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of
the first plan year in which such requirements apply.
``(e) Level and Type of Reimbursements.--Nothing in this
section shall be construed to prevent a group health plan or
a health insurance issuer offering group health insurance
coverage from negotiating the level and type of reimbursement
with a provider for care provided in accordance with this
section.
``(f) Preemption; Exception for Health Insurance Coverage
in Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there
is a State law (as defined in section 731(d)(1)) for a State
that regulates such coverage that is described in any of the
following subparagraphs:
``(A) Such State law requires such coverage to provide for
at least a 48-hour hospital length of stay following a normal
vaginal delivery and at least a 96-hour hospital length of
stay following a cesarean section.
``(B) Such State law requires such coverage to provide for
maternity and pediatric care in accordance with guidelines
established by the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, or other
established professional medical associations.
``(C) Such State law requires, in connection with such
coverage for maternity care, that the hospital length of stay
for such care is left to the decision of (or required to be
made by) the attending provider in consultation with the
mother.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(b) Conforming Amendments.--
(1) Section 731(c) of such Act (as added by section 101 of
the Health Insurance Portability and Accountability Act of
1996 and redesignated by the preceding provisions of this
section) is
[[Page 2246]]
amended by striking ``Nothing'' and inserting ``Except as
provided in section 711, nothing''.
(2) Section 732(a) of such Act (as added by section 101 of
the Health Insurance Portability and Accountability Act of
1996 and redesignated by the preceding provisions of this
section) is amended by inserting ``(other than section 711)''
after ``part''.
(3) Title I of such Act (as amended by section 101 of the
Health Insurance Portability and Accountability Act of 1996
and the preceding provisions of this section) is further
amended--
(A) in the last sentence of section 4(b), by striking
``section 706(b)(2)'', ``section 706(b)(1)'', and ``section
706(a)(1)'' and inserting ``section 733(b)(2)'', ``section
733(b)(1)'', and ``section 733(a)(1)'', respectively;
(B) in section 101(g), by striking ``section 706(a)(2)''
and inserting ``section 733(a)(2)'';
(C) in section 102(b), by striking ``section 706(a)(1)''
each place it appears and inserting ``section 733(a)(1), and
by striking ``section 706(b)(2)'' and inserting ``section
733(b)(2)'';
(D) in section 104(b)(1), by striking ``section 706(a)(1)''
each place it appears and inserting ``section 733(a)(1);
(E) in section 502(b)(3), by striking ``section 706(a)(1)''
and inserting ``section 733(a)(1)'';
(F) in section 506(c), by striking ``section 706(a)(2)''
and inserting ``section 733(a)(2)'';
(G) in section 514(b)(9), by striking ``section 704'' and
inserting ``section 731'';
(H) in the last sentence of section 701(c)(1), by striking
``section 706(c)'' and inserting ``section 733(c)'';
(I) in section 732(b), by striking ``section 706(c)(1)''
and inserting ``section 733(c)(1)'';
(J) in section 732(c)(1), by striking ``section 706(c)(2)''
and inserting ``section 733(c)(2)'';
(K) in section 732(c)(2), by striking ``section 706(c)(3)''
and inserting ``section 733(c)(3)''; and
(L) in section 732(c)(3), by striking ``section 706(c)(4)''
and inserting ``section 733(c)(4)''.
(4) The table of contents in section 1 of such Act is
amended by striking the items relating to part 7 and
inserting the following:
``Part 7--Group Health Plan Requirements
``Subpart A--Requirements Relating to Portability, Access, and
Renewability
``Sec. 701. Increased portability through limitation on preexisting
condition exclusions.
``Sec. 702. Prohibiting discrimination against individual participants
and beneficiaries based on health status.
``Sec. 703. Guaranteed renewability in multiemployer plans and multiple
employer welfare arrangements.
``Subpart B--Other Requirements
``Sec. 711. Standards relating to benefits for mothers and newborns.
``Subpart C--General Provisions
``Sec. 731. Preemption; State flexibility; construction.
``Sec.732. Special rules relating to group health plans.
``Sec. 733. Definitions.
``Sec. 734. Regulations.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning on or after January 1, 1998.
SEC. 604. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT
RELATING TO THE GROUP MARKET.
(a) In General.--Title XXVII of the Public Health Service
Act (as added by section 102 of the Health Insurance
Portability and Accountability Act of 1996) is amended--
(1) by amending the title heading to read as follows:
``TITLE XXVII--REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE'';
(2) by redesignating subparts 2 and 3 of part A as subparts
3 and 4 of such part;
(3) by inserting after subpart 1 of part A the following
new subpart:
``Subpart 2--Other Requirements
``SEC. 2704. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND
NEWBORNS.
``(a) Requirements for Minimum Hospital Stay Following
Birth.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
may not--
``(A) except as provided in paragraph (2)--
``(i) restrict benefits for any hospital length of stay in
connection with childbirth for the mother or newborn child,
following a normal vaginal delivery, to less than 48 hours,
or
``(ii) restrict benefits for any hospital length of stay in
connection with childbirth for the mother or newborn child,
following a cesarean section, to less than 96 hours, or
``(B) require that a provider obtain authorization from the
plan or the issuer for prescribing any length of stay
required under subparagraph (A) (without regard to paragraph
(2)).
``(2) Exception.--Paragraph (1)(A) shall not apply in
connection with any group health plan or health insurance
issuer in any case in which the decision to discharge the
mother or her newborn child prior to the expiration of the
minimum length of stay otherwise required under paragraph
(1)(A) is made by an attending provider in consultation with
the mother.
``(b) Prohibitions.--A group health plan, and a health
insurance issuer offering group health insurance coverage in
connection with a group health plan, may not--
``(1) deny to the mother or her newborn child eligibility,
or continued eligibility, to enroll or to renew coverage
under the terms of the plan, solely for the purpose of
avoiding the requirements of this section;
``(2) provide monetary payments or rebates to mothers to
encourage such mothers to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section;
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section; or
``(5) subject to subsection (c)(3), restrict benefits for
any portion of a period within a hospital length of stay
required under subsection (a) in a manner which is less
favorable than the benefits provided for any preceding
portion of such stay.
``(c) Rules of Construction.--
``(1) Nothing in this section shall be construed to require
a mother who is a participant or beneficiary--
``(A) to give birth in a hospital; or
``(B) to stay in the hospital for a fixed period of time
following the birth of her child.
``(2) This section shall not apply with respect to any
group health plan, or any group health insurance coverage
offered by a health insurance issuer, which does not provide
benefits for hospital lengths of stay in connection with
childbirth for a mother or her newborn child.
``(3) Nothing in this section shall be construed as
preventing a group health plan or issuer from imposing
deductibles, coinsurance, or other cost-sharing in relation
to benefits for hospital lengths of stay in connection with
childbirth for a mother or newborn child under the plan (or
under health insurance coverage offered in connection with a
group health plan), except that such coinsurance or other
cost-sharing for any portion of a period within a hospital
length of stay required under subsection (a) may not be
greater than such coinsurance or cost-sharing for any
preceding portion of such stay.
``(d) Notice.--A group health plan under this part shall
comply with the notice requirement under section 711(d) of
the Employee Retirement Income Security Act of 1974 with
respect to the requirements of this section as if such
section applied to such plan.
``(e) Level and Type of Reimbursements.--Nothing in this
section shall be construed to prevent a group health plan or
a health insurance issuer offering group health insurance
coverage from negotiating the level and type of reimbursement
with a provider for care provided in accordance with this
section.
``(f) Preemption; Exception for Health Insurance Coverage
in Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there
is a State law (as defined in section 2723(d)(1)) for a State
that regulates such coverage that is described in any of the
following subparagraphs:
``(A) Such State law requires such coverage to provide for
at least a 48-hour hospital length of stay following a normal
vaginal delivery and at least a 96-hour hospital length of
stay following a cesarean section.
``(B) Such State law requires such coverage to provide for
maternity and pediatric care in accordance with guidelines
established by the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, or other
established professional medical associations.
``(C) Such State law requires, in connection with such
coverage for maternity care, that the hospital length of stay
for such care is left to the decision of (or required to be
made by) the attending provider in consultation with the
mother.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(b) Conforming Amendments.--
(1) Section 2721 of such Act (as added by section 102 of
the Health Insurance Portability and Accountability Act of
1996) is amended--
(A) in subsection (a), by striking ``subparts 1 and 2'' and
inserting ``subparts 1 and 3'', and
(B) in subsections (b) through (d), by striking ``subparts
1 and 2'' each place it appears and inserting ``subparts 1
through 3''.
(2) Section 2723(c) of such Act (as added by section 102 of
the Health Insurance Portability and Accountability Act of
1996) is amended by inserting ``(other than section 2704)''
after ``part''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning on or after January 1, 1998.
SEC. 605. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT
RELATING TO THE INDIVIDUAL MARKET.
(a) In General.--Part B of title XXVII of the Public Health
Service Act (as added by section 111 of the Health Insurance
Portability and Accountability Act of 1996) is amended--
(1) by inserting after the part heading the following:
``Subpart 1--Portability, Access, and Renewability Requirements'';
(2) by redesignating sections 2745, 2746, and 2747 as
sections 2761, 2762, and 2763, respectively;
(3) by inserting before section 2761 (as so redesignated)
the following:
``Subpart 3--General Provisions''; and
(4) by inserting after section 2744 the following:
``Subpart 3--Other Requirements
``SEC. 2751. STANDARDS RELATING TO BENEFITS FOR MOTHERS AND
NEWBORNS.
``(a) In General.--The provisions of section 2704 (other
than subsections (d) and (f)) shall apply to health insurance
coverage offered by a health insurance issuer in the
individual market in the same manner as it applies to health
insurance coverage offered by a health insurance
[[Page 2247]]
issuer in connection with a group health plan in the small or
large group market.
``(b) Notice Requirement.--A health insurance issuer under
this part shall comply with the notice requirement under
section 711(d) of the Employee Retirement Income Security Act
of 1974 with respect to the requirements referred to in
subsection (a) as if such section applied to such issuer and
such issuer were a group health plan.
``(c) Preemption; Exception for Health Insurance Coverage
in Certain States.--
``(1) In general.--The requirements of this section shall
not apply with respect to health insurance coverage if there
is a State law (as defined in section 2723(d)(1)) for a State
that regulates such coverage that is described in any of the
following subparagraphs:
``(A) Such State law requires such coverage to provide for
at least a 48-hour hospital length of stay following a normal
vaginal delivery and at least a 96-hour hospital length of
stay following a cesarean section.
``(B) Such State law requires such coverage to provide for
maternity and pediatric care in accordance with guidelines
established by the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, or other
established professional medical associations.
``(C) Such State law requires, in connection with such
coverage for maternity care, that the hospital length of stay
for such care is left to the decision of (or required to be
made by) the attending provider in consultation with the
mother.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(b) Conforming Amendments.--Such part (as so added) is
further amended as follows:
(1) In section 2744(a)(1), strike ``2746(b)'' and insert
``2762(b)''.
(2) In section 2745(a)(1) (before redesignation under
subsection (a)(1)), strike ``2746'' and insert ``2762''.
(3) In section 2746(b) (before redesignation under
subsection (a)(1))--
(A) by inserting ``(1)'' after the dash, and
(B) by adding at the end the following:
``(2) Nothing in this part (other than section 2751) shall
be construed as requiring health insurance coverage offered
in the individual market to provide specific benefits under
the terms of such coverage.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after January 1, 1998.
SEC. 606. REPORTS TO CONGRESS CONCERNING CHILDBIRTH.
(a) Findings.--Congress finds that--
(1) childbirth is one part of a continuum of experience
that includes prepregnancy, pregnancy and prenatal care,
labor and delivery, the immediate postpartum period, and a
longer period of adjustment for the newborn, the mother, and
the family;
(2) health care practices across this continuum are
changing in response to health care financing and delivery
system changes, science and clinical research, and patient
preferences; and
(3) there is a need--
(A) to examine the issues and consequences associated with
the length of hospital stays following childbirth;
(B) to examine the follow-up practices for mothers and
newborns used in conjunction with shorter hospital stays;
(C) to identify appropriate health care practices and
procedures with regard to the hospital discharge of newborns
and mothers;
(D) to examine the extent to which such care is affected by
family and environmental factors; and
(E) to examine the content of care during hospital stays
following childbirth.
(b) Advisory Panel.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall establish an advisory panel (referred to in this
section as the ``advisory panel'')--
(A) to guide and review methods, procedures, and data
collection necessary to conduct the study described in
subsection (c) in a manner that is intended to enhance the
quality, safety, and effectiveness of health care services
provided to mothers and newborns;
(B) to develop a consensus among the members of the
advisory panel regarding the appropriateness of the specific
requirements of this title; and
(C) to prepare and submit to the Secretary, as part of the
report of the Secretary submitted under subsection (d), a
report summarizing the consensus (if any) developed under
subparagraph (B) or the reasons for not reaching such a
consensus.
(2) Participation.--
(A) Department representatives.--The Secretary shall ensure
that representatives from within the Department of Health and
Human Services that have expertise in the area of material
and child health or in outcomes research are appointed to the
advisory panel.
(B) Representatives of public and private sector
entities.--
(i) In general.--The Secretary shall ensure that members of
the advisory panel include representatives of public and
private sector entities having knowledge or experience in one
or more of the following areas:
(I) Patient care.
(II) Patient education.
(III) Quality assurance.
(IV) Outcomes research.
(V) Consumer issues.
(ii) Requirement.--The panel shall include representatives
of each of the following categories:
(I) Health care practitioners.
(II) Health plans.
(III) Hospitals.
(IV) Employers.
(V) States.
(VI) Consumers.
(c) Studies.--
(1) In general.--The Secretary shall conduct a study of--
(A) the factors affecting the continuum of care with
respect to maternal and child health care, including outcomes
following childbirth;
(B) the factors determining the length of hospital stay
following childbirth;
(C) the diversity of negative or positive outcomes
affecting mothers, infants, and families;
(D) the manner in which post natal care has changed over
time and the manner in which that care has adapted or related
to changes in the length of hospital stay, taking into
account--
(i) the types of post natal care available and the extent
to which such care is accessed; and
(ii) the challenges associated with providing post natal
care to all populations, including vulnerable populations,
and solutions for overcoming these challenges; and
(E) the financial incentives that may--
(i) impact the health of newborns and mothers; and
(ii) influence the clinical decisionmaking of health care
providers.
(2) Resources.--The Secretary shall provide to the advisory
panel the resources necessary to carry out the duties of the
advisory panel.
(d) Reports.--
(1) In general.--The Secretary shall prepare and submit to
the Committee on Labor and Human Resources of the Senate and
the Committee on Commerce of the House of Representatives a
report that contains--
(A) a summary of the study conducted under subsection (c);
(B) a summary of the best practices used in the public and
private sectors for the care of newborns and mothers;
(C) recommendations for improvements in prenatal care, post
natal care, delivery and follow-up care, and whether the
implementation of such improvements should be accomplished by
the private health care sector, Federal or State governments,
or any combination thereof; and
(D) limitations on the databases in existence on the date
of the enactment of this Act.
(2) Deadlines.--The Secretary shall prepare and submit to
the Committees referred to in paragraph (1)--
(A) an initial report concerning the study conducted under
subsection (c) and elements described in paragraph (1), not
later than 18 months after the date of the enactment of this
Act;
(B) an interim report concerning such study and elements
not later than 3 years after the date of the enactment of
this Act; and
(C) a final report concerning such study and elements not
later than 5 years after the date of the enactment of this
Act.
(e) Termination of Panel.--The advisory panel shall
terminate on the date that occurs 60 days after the date on
which the last report is submitted under subsection (d).
And the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate numbered 118, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
TITLE VII--PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH
BENEFITS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Mental Health Parity Act
of 1996''.
SEC. 702. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974.
(a) In General.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (as
added by section 603(a)) is amended by adding at the end the
following new section:
``SEC. 712. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO
MENTAL HEALTH BENEFITS.
``(a) In General.--
``(1) Aggregate lifetime limits.--In the case of a group
health plan (or health insurance coverage offered in
connection with such a plan) that provides both medical and
surgical benefits and mental health benefits--
``(A) No lifetime limit.--If the plan or coverage does not
include an aggregate lifetime limit on substantially all
medical and surgical benefits, the plan or coverage may not
impose any aggregate lifetime limit on mental health
benefits.
``(B) Lifetime limit.--If the plan or coverage includes an
aggregate lifetime limit on substantially all medical and
surgical benefits (in this paragraph referred to as the
`applicable lifetime limit'), the plan or coverage shall
either--
``(i) apply the applicable lifetime limit both to the
medical and surgical benefits to which it otherwise would
apply and to mental health benefits and not distinguish in
the application of such limit between such medical and
surgical benefits and mental health benefits; or
``(ii) not include any aggregate lifetime limit on mental
health benefits that is less than the applicable lifetime
limit.
``(C) Rule in case of different limits.--In the case of a
plan or coverage that is not described in subparagraph (A) or
(B) and that includes no or different aggregate lifetime
limits on different categories of medical and surgical
benefits, the Secretary shall establish rules under which
subparagraph (B) is applied to
[[Page 2248]]
such plan or coverage with respect to mental health benefits
by substituting for the applicable lifetime limit an average
aggregate lifetime limit that is computed taking into account
the weighted average of the aggregate lifetime limits
applicable to such categories.
``(2) Annual limits.--In the case of a group health plan
(or health insurance coverage offered in connection with such
a plan) that provides both medical and surgical benefits and
mental health benefits--
``(A) No annual limit.--If the plan or coverage does not
include an annual limit on substantially all medical and
surgical benefits, the plan or coverage may not impose any
annual limit on mental health benefits.
``(B) Annual limit.--If the plan or coverage includes an
annual limit on substantially all medical and surgical
benefits (in this paragraph referred to as the `applicable
annual limit'), the plan or coverage shall either--
``(i) apply the applicable annual limit both to medical and
surgical benefits to which it otherwise would apply and to
mental health benefits and not distinguish in the application
of such limit between such medical and surgical benefits and
mental health benefits; or
``(ii) not include any annual limit on mental health
benefits that is less than the applicable annual limit.
``(C) Rule in case of different limits.--In the case of a
plan or coverage that is not described in subparagraph (A) or
(B) and that includes no or different annual limits on
different categories of medical and surgical benefits, the
Secretary shall establish rules under which subparagraph (B)
is applied to such plan or coverage with respect to mental
health benefits by substituting for the applicable annual
limit an average annual limit that is computed taking into
account the weighted average of the annual limits applicable
to such categories.
``(b) Construction.--Nothing in this section shall be
construed--
``(1) as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide
any mental health benefits; or
``(2) in the case of a group health plan (or health
insurance coverage offered in connection with such a plan)
that provides mental health benefits, as affecting the terms
and conditions (including cost sharing, limits on numbers of
visits or days of coverage, and requirements relating to
medical necessity) relating to the amount, duration, or scope
of mental health benefits under the plan or coverage, except
as specifically provided in subsection (a) (in regard to
parity in the imposition of aggregate lifetime limits and
annual limits for mental health benefits).
``(c) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to any
group health plan (and group health insurance coverage
offered in connection with a group health plan) for any plan
year of a small employer.
``(B) Small employer.--For purposes of subparagraph (A),
the term `small employer' means, in connection with a group
health plan with respect to a calendar year and a plan year,
an employer who employed an average of at least 2 but not
more than 50 employees on business days during the preceding
calendar year and who employs at least 2 employees on the
first day of the plan year.
``(C) Application of certain rules in determination of
employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for employers.--Rules
similar to the rules under subsections (b), (c), (m), and (o)
of section 414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a single employer.
``(ii) Employers not in existence in preceding year.--In
the case of an employer which was not in existence throughout
the preceding calendar year, the determination of whether
such employer is a small employer shall be based on the
average number of employees that it is reasonably expected
such employer will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in this paragraph to
an employer shall include a reference to any predecessor of
such employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan (or health
insurance coverage offered in connection with a group health
plan) if the application of this section to such plan (or to
such coverage) results in an increase in the cost under the
plan (or for such coverage) of at least 1 percent.
``(d) Separate Application to Each Option Offered.--In the
case of a group health plan that offers a participant or
beneficiary two or more benefit package options under the
plan, the requirements of this section shall be applied
separately with respect to each such option.
``(e) Definitions.--For purposes of this section:
``(1) Aggregate lifetime limit.--The term `aggregate
lifetime limit' means, with respect to benefits under a group
health plan or health insurance coverage, a dollar limitation
on the total amount that may be paid with respect to such
benefits under the plan or health insurance coverage with
respect to an individual or other coverage unit.
``(2) Annual limit.--The term `annual limit' means, with
respect to benefits under a group health plan or health
insurance coverage, a dollar limitation on the total amount
of benefits that may be paid with respect to such benefits in
a 12-month period under the plan or health insurance coverage
with respect to an individual or other coverage unit.
``(3) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include mental
health benefits.
``(4) mental health benefits.--The term `mental health
benefits' means benefits with respect to mental health
services, as defined under the terms of the plan or coverage
(as the case may be), but does not include benefits with
respect to treatment of substance abuse or chemical
dependency.
``(f) Sunset.--This section shall not apply to benefits for
services furnished on or after September 30, 2001.''.
``(b) Clerical Amendment.--The table of contents in section
1 of such Act, as amended by section 602 of this Act, is
amended by inserting after the item relating to section 711
the following new item:
``Sec. 712. Parity in the application of certain limits to mental
health benefits.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning on or after January 1, 1998.
SEC. 703. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT
RELATING TO THE GROUP MARKET.
(a) In General.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (as added by section 604(a)) is
amended by adding at the end the following new section:
``SEC. 2705. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO
MENTAL HEALTH BENEFITS.
(a) In General.--
``(1) Aggregate lifetime limits.--In the case of a group
health plan (or health insurance coverage offered in
connection with such a plan) that provides both medical and
surgical benefits and mental health benefits--
``(A) No lifetime limit.--If the plan or coverage does not
include an aggregate lifetime limit on substantially all
medical and surgical benefits, the plan or coverage may not
impose any aggregate lifetime limit on mental health
benefits.
(B) Lifetime limit.--If the plan or coverage includes an
aggregate lifetime limit on substantially all medical and
surgical benefits (in this paragraph referred to as the
`applicable lifetime limit''), the plan or coverage shall
either--
``(i) apply the applicable lifetime limit both to the
medical and surgical benefits to which it otherwise would
apply and to mental health benefits and not distinguish in
the application of such limit between such medical and
surgical benefits and mental health benefits; or
``(ii) not include any aggregate lifetime limit on mental
health benefits that is less than the applicable lifetime
limit.
``(C) Rule in case of different limits.--In the case of a
plan or coverage that is not described in subparagraph (A) or
(B) and that includes no or different aggregate lifetime
limits on different categories of medical and surgical
benefits, the Secretary shall establish rules under which
subparagraph (B) is applied to such plan or coverage with
respect to mental health benefits by substituting for the
applicable lifetime limit an average aggregate lifetime limit
that is computed taking into account the weighted average of
the aggregate lifetime limits applicable to such categories.
``(2) Annual limits.--In the case of a group health plan
(or health insurance coverage offered in connection with such
a plan) that provides both medical and surgical benefits and
mental health benefits--
``(A) No annual limit.--If the plan or coverage does not
include an annual limit on substantially all medical and
surgical benefits, the plan or coverage may not impose any
annual limit on mental health benefits.
``(B) Annual limit.--If the plan or coverage includes an
annual limit on substantially all medical and surgical
benefits (in this paragraph referred to as the `applicable
annual limit'), the plan or coverage shall either--
``(i) apply the applicable annual limit both to medical and
surgical benefits to which it otherwise would apply and to
mental health benefits and not distinguish in the application
of such limit between such medical and surgical benefits and
mental health benefits; or
``(ii) not include any annual limit on mental health
benefits that is less than the applicable annual limit.
``(C) Rule in case of different limits.--In the case of a
plan or coverage that is not described in subparagraph (A) or
(B) and that includes no or different annual limits on
different categories of medical and surgical benefits, the
Secretary shall establish rules under which subparagraph (B)
is applied to such plan or coverage with respect to mental
health benefits by substituting for the applicable annual
limit on average annual limit that is computed taking into
account the weighted average of the annual limits applicable
to such categories.
``(b) Construction.--Nothing in this section shall be
construed--
``(1) as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide
any mental health benefits; or
``(2) in the case of a group health plan (or health
insurance coverage offered in connection with such a plan)
that provides mental health benefits, as affecting the terms
and conditions (including cost sharing, limits on numbers of
visits or days of coverage, and requirements relating to
medical necessity) relating to the amount, duration, or scope
of mental health benefits under the plan or coverage, except
as specifically provided in subsection (a) (in regard to
parity in the imposition of aggregate lifetime limits and
annual limits for mental health benefits).
``(c) Exemptions.--
``(1) Small employer exemption.--This section shall not
apply to any group health plan (and group health insurance
coverage offered in
[[Page 2249]]
connection with a group health plan) for any plan year of a
small employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan (or health
insurance coverage offered in connection with a group health
plan) if the application of this section to such plan (or to
such coverage) results in an increase in the cost under the
plan (or for such coverage) of at least 1 percent.
``(d) Separate Application to Each Option Offered.--In the
case of a group health plan that offers a participant or
beneficiary two or more benefit package options under the
plan, the requirements of this section shall be applied
separately with respect to each such option.
``(e) Definitions.--For purposes of this section;
``(1) Aggregate lifetime limit.--The term `aggregate
lifetime limit' means, with respect to benefits under a group
health plan or health insurance coverage, a dollar limitation
on the total amount that may be paid with respect to such
benefits under the plan or health insurance coverage with
respect to an individual or other coverage unit.
``(2) Annual limit.--The term `annual limit' means, with
respect to benefits under a group health plan or health
insurance coverage, a dollar limitation on the total amount
of benefits that may be paid with respect to such benefits in
a 12-month period under the plan or health insurance coverage
with respect to an individual or other coverage unit.
``(3) Medical or surgical benefits.--The term `medical or
surgical benefits' means benefits with respect to medical or
surgical services, as defined under the terms of the plan or
coverage (as the case may be), but does not include mental
health benefits.
``(4) Mental health benefits.--The term `mental health
benefits' means benefits with respect to mental health
services, as defined under the terms of the plan or coverage
(as the case may be), but does not include benefits with
respect to treatment of substance abuse or chemical
dependency.
``(f) Sunset.--This section shall not apply to benefits for
services furnished on or after September 30, 2001.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning on or after January 1, 1998.
And the Senate agree to the same.
Jerry Lewis,
Barbara F. Vucanovich,
James T. Walsh,
David L. Hobson,
Joe Knollenberg,
Rodney P. Frelinghuysen,
Bob Livingston,
Louis Stokes,
Alan B. Mollohan,
Jim Chapman,
Marcy Kaptur,
David R. Obey,
Managers on the Part of the House.
Christopher S. Bond,
Conrad Burns,
Ted Stevens,
Richard C. Shelby,
Robert F. Bennett,
Ben Nighthorse Campbell,
Mark O. Hatfield,
Barbara A. Mikulski,
Patrick J. Leahy,
J. Bennett Johnston,
Frank R. Lautenberg,
J. Robert Kerrey,
Robert C. Byrd,
Managers on the Part of the Senate.
After debate,
On motion of Mr. LEWIS of California, the previous question was
ordered on the conference report to its adoption or rejection.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. LaHOOD, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
It was decided in the
Yeas
388
<3-line {>
affirmative
Nays
25
para.113.45 [Roll No. 426]
YEAS--388
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Dunn
Edwards
Ehlers
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--25
Bachus
Coburn
Cooley
Cox
DeLay
Doolittle
Duncan
Ehrlich
Geren
Hall (TX)
Hancock
Hoekstra
Istook
Johnson, Sam
Largent
Minge
Neumann
Petri
Roemer
Sanford
Scarborough
Sensenbrenner
Shadegg
Stump
Walker
NOT VOTING--20
Bunn
Durbin
Funderburk
Gephardt
Gibbons
Goodling
Hayes
Heineman
Jacobs
Lincoln
Oxley
Parker
Payne (VA)
Peterson (FL)
Rangel
Schroeder
Studds
Wicker
Williams
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.113.46 providing for the consideration of h.r. 4134
Mr. McINNIS, by direction of the Committee on Rules, reported (Rept.
No. 104-834) the resolution (H. Res. 530) providing for consideration of
the bill (H.R. 4134) to amend the Immigration and Nationality Act to
authorize States to deny public education benefits to aliens not
lawfully present in the United States who are not enrolled in public
schools during the period beginning September 1, 1996, and ending July
1, 1997.
[[Page 2250]]
When said resolution and report were referred to the House Calendar
and ordered printed.
para.113.47 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Monday, September 23, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
So the Journal was approved.
para.113.48 h.r. 3452--unfinished business
The SPEAKER pro tempore, Mr. LaHOOD, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3452) to make certain laws applicable to the
Executive Office of the President, and for other purposes; as amended.
The question put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
410
<3-line {>
affirmative
Nays
5
para.113.49 [Roll No. 427]
YEAS--410
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--5
Clyburn
Cox
Hilliard
Johnson, E. B.
Watt (NC)
NOT VOTING--18
Bunn
Durbin
Funderburk
Gephardt
Gibbons
Hayes
Heineman
Jacobs
Lincoln
Oxley
Payne (VA)
Peterson (FL)
Rangel
Schroeder
Studds
Wicker
Williams
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.113.50 appointment of additional conferees--h.r. 3539
The SPEAKER pro tempore, Mr. LaHOOD, by unanimous consent and pursuant
to clause 6(f) of rule X, announced the appointment of the following
Members as additional conferees on the part of the House to the
conference with the Senate on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3539) to amend title 49,
United States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes: from the Committee on Ways and
Means for the consideration of section 501 of the bill, H.R. 3539, and
sections 417, 906 and 1001 of the Senate amendment and modifications
committed to conference: Messrs. Archer, Crane, and Gibbons.
Ordered, That the Clerk notify the Senate of the foregoing
appointments.
para.113.51 privileges of the house
Mr. LINDER rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 531):
Whereas, a complaint filed against Representative Gephardt
alleges House Rules have been violated by Representative
Gephardt's concealment of profits gained through a complex
series of real estate tax exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws or regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in other complex matters involving complaints hired outside
counsel with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Official Conduct is
responsible for determining whether Representative Gephardt's
financial transactions violated standards of conduct or
specific rules of the House of Representatives and;
Whereas, the complaint against Representative Gephardt has
been pending before the committee for more than seven months
and the integrity of the ethics process and the manner in
which Members are disciplined is called into question; and
Whereas, on Friday, September 20, 1996 the ranking Democrat
of the Ethics Committee, Representative James McDermott in a
public statement suggested that cases pending before the
committee in excess of 60 days be referred to an outside
counsel; now be it
Resolved that the committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of the charges filed against
the Democrat Leader Representative Richard Gephardt.
Resolved that all relevant materials presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
[[Page 2251]]
to determine whether the committee should proceed to a
preliminary inquiry.
The SPEAKER pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
``The resolution constitutes a question of privileges of the House.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. ARMEY demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
Yeas
390
It was decided in the
Nays
11
<3-line {>
affirmative
Answered present
7
para.113.52 [Roll No. 428]
AYES--390
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Orton
Owens
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Saxton
Scarborough
Schaefer
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (NC)
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--11
Doyle
Holden
Kanjorski
Klug
McDermott
McHale
Minge
Peterson (MN)
Quinn
Taylor (MS)
Walsh
ANSWERED ``PRESENT''--7
Borski
Cardin
Goss
Hobson
Pelosi
Sawyer
Schiff
NOT VOTING--25
Boucher
Bunn
Cooley
de la Garza
Durbin
Flake
Funderburk
Gephardt
Gibbons
Hayes
Heineman
Jacobs
Lincoln
Martinez
Ortiz
Oxley
Payne (VA)
Peterson (FL)
Rangel
Schroeder
Studds
Tejeda
Torres
Williams
Wilson
So the motion to lay the resolution on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.113.53 privileges of the house
Mr. LEWIS of Georgia rose to a question of the privileges of the House
and submitted the following resolution (H. Res. 532):
Whereas on December 6, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, non-partisan investigation of
allegations of ethical misconduct by Speaker Newt Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgement concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives;
Therefore be it resolved that
The Committee on Standards of Official Conduct shall
release to the public the outside counsel's report on Speaker
Newt Gingrich--including any conclusions, recommendations,
attachments, exhibits or accompanying material--no later than
Wednesday, September 25, 1996.
The SPEAKER pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
``The resolution constitutes a question of the privileges of the
House.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. BONIOR demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
Yeas
225
It was decided in the
Nays
173
<3-line {>
affirmative
Answered present
9
para.113.54 [Roll No. 429]
AYES--225
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cox
Crane
[[Page 2252]]
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--173
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Blumenauer
Bonior
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Reed
Richardson
Rivers
Roemer
Rose
Roybal-Allard
Rush
Sabo
Sanders
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Wise
Woolsey
Wynn
Yates
ANSWERED ``PRESENT''--9
Borski
Cardin
Goss
Hobson
Johnson (CT)
Pelosi
Sawyer
Schiff
Traficant
NOT VOTING--26
Berman
Boucher
Bunn
Cooley
de la Garza
Durbin
Flake
Funderburk
Gephardt
Gibbons
Hayes
Heineman
Jacobs
Lincoln
Martinez
Neal
Oxley
Payne (VA)
Peterson (FL)
Rangel
Schroeder
Studds
Torres
Waxman
Williams
Wilson
So the motion to lay the resolution on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
para.113.55 suspension of the rules
Mr. GOSS, pursuant to House Resolution 525, announced the Speaker will
recognize Members for motions to suspend the rules under clause 1, rule
XXVII, on Wednesday, September 25, 1996, for the following bills and
resolutions:
H.R. 3852, Comprehensive Methamphetamine Control Act of 1966;
H.R. 1499, Telemarketing Fraud Punishment and Prevention Act;
H.R. 3456, Sexual Offender Tracking and Identification Act of 1996;
H.R. 4137, Rohypnol;
an unnumbered House resolution on the Government Accountability Act;
H.R. 2092, Private Security Officer Quality Assurance Act of 1995;
S. 919, Child Abuse Prevention and Treatment Act Amendments of 1995;
H.R. 1186, Professional Boxing Safety Act;
H.R. 3391, Leaking Underground Storage Tank Trust Fund Amendments;
H.R. 3700, Internet Election Information Act of 1996;
S. 1970, National Museum of the American Indian Act Amendments of
1996;
H.R. 4011, Congressional Pension Forfeiture Act of 1996;
S. 868, Federal Employees Emergency Leave Transfer Act of 1995;
H. Con. Res. 145, Concerning the Removal of Russian Forces from
Moldova;
H. Con. Res. 189, Expressing Sense of Congress Regarding the
Importance of U.S. Membership in Regional South Pacific Organizations;
H. Con. Res. 51, Expressing Sense of Congress Relating to the Removal
of Russian Troops from Kaliningrad;
H.R. 4036, Human Rights Restoration Act of 1996;
H.R. 3497, Snoqualmie National Forest Boundary Adjustment Act of 1996;
H.R. 3155, Designating the Wekiva River for Study and Possible
Addition to the National Wild and Scenic Rivers System;
H.R. 3568, Designating 51.7 miles of the Clarion River as a component
of the National Wild and Scenic Rivers System;
S. 1834, Reauthorizing the Indian Environmental General Assistance
Program; and
H.R. 3159, National Transportation Safety Board Amendments of 1996.
para.113.56 notice requirement--consideration of resolution--question
of privileges
Mr. LEWIS of Georgia, pursuant to clause 2(a)(1) of rule IX, announced
his intention to call up the following resolution, as a question of the
privileges of the House:
Whereas on December 16, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, nonpartisan investigation of
allegations of ethical misconduct by Speaker Newt Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgment concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives;
Therefore be it resolved that: The Committee on Standards
of Official Conduct shall release to the public the outside
counsel's report on Speaker Newt Gingrich, including any
conclusions, recommendations, attachments, exhibits or
accompanying material--no later than Thursday, September 26,
1996.
The SPEAKER pro tempore, Mr. ROTH, responded to the foregoing notice,
and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days of its being properly noticed. The Chair will announce
that designation at a later time. The Chair is not at this point making
a determination as to whether the resolution constitutes a question of
privilege. That determination will be made at the time designated by the
Chair for consideration of the resolution.''.
[[Page 2253]]
para.113.57 submission of conference report--h.r. 1296
Mr. HAYWORTH submitted a conference report (Rept. No. 104-836) on the
bill (H.R. 1296) to provide for the Administration of certain Presidio
properties to minimal cost to the Federal taxpayer; together with a
statement thereon, for printing in the Record under the rule.
para.113.58 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 2101. An Act to provide education assistance to the
dependents of Federal law enforcement officials who are
killed or disabled in the performance of their duties; to the
Committee on the Judiciary.
para.113.59 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on the following date present to the President, for his
approval, bills and a joint resolution of the House of the following
title:
On September 20, 1996:
H.R. 1772. An Act to authorize the Secretary of the
Interior to acquire certain interests in the Waihee Marsh for
inclusion in the Oahu National Wildlife Refuge Complex.
H.R. 2464. An Act to amend Public Law 103-93 to provide
additional lands within the State of Utah for the Goshute
Indian Reservation, and for other purposes.
H.R. 2512. An Act to provide for certain benefits of the
Pick-Sloan Missouri River basin program to the Crow Creek
Sioux Tribe, and for other purposes.
H.R. 2909. An Act to amend the Silvio O. Conte National
Fish and Wildlife Refuge Act to provide that the Secretary of
the Interior may acquire lands for purposes of that Act only
by donation or exchange, or otherwise with the consent of the
owner of the lands.
H.R. 2982. An Act to direct the Secretary of the Interior
to convey the Carbon Hill National Fish Hatchery to the State
of Alabama.
H.R. 3120. An Act to amend title 18, United States Code,
with respect to witness retaliation, witness tampering, and
jury tampering.
H.R. 3287. An Act to direct the Secretary of the Interior
to convey the Crawford National Fish Hatchery to the city of
Crawford, Nebraska.
H.R. 3675. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.
H.R. 3676. An Act to amend title 18, United States Code, to
clarify the intent of Congress with respect to the Federal
carjacking prohibition.
H.R. 3802. An Act to amend section 552 of title 5, United
States Code, popularly known as the Freedom of Information
Act, to provide for public access to information in an
electronic format, and for other purposes.
H.J. Res. 191. A joint resolution to confer honorary
citizenship of the United States on Agnes Gonxha Bojaxhiu,
also known as Mother Teresa.
para.113.60 leave of absence
By unanimous consent, leave of absence was granted to Mr. HEINEMAN,
for today and balance of the week.
And then,
para.113.61 adjournment
On motion of Mr. BURTON, at 11 o'clock and 40 minutes p.m., the House
adjourned.
para.113.62 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 1281. A bill to amend title 5, United States Code, and
the National Security Act of 1947 to require disclosure under
the Freedom of Information Act of information regarding
certain individuals who participated in Nazi war crimes
during the period in which the United States was involved in
World War II; with amendments (Rept. No. 104-819, Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 3452. A bill to make certain laws applicable to the
Executive Office of the President, and for other purposes;
with an amendment (Rept. No. 104-820, Pt. 1). Referred to the
Committee of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Sampling and Statistical Adjustment in the Decennial Census:
Fundamental Flaws (Rept. No. 104-821). Referred to the
Committee of the Whole House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 3391. A bill to
amend the Solid Waste Disposal Act to require at least 85
percent of funds appropriated to the Environmental Protection
Agency from the leaking underground storage tank trust fund
to be distributed to States for cooperative agreements for
undertaking corrective action and for enforcement of subtitle
I of such act; with an amendment (Rept. No. 104-822, Pt. 1).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2508. A bill to
amend the Federal Food, Drug, and Cosmetic Act to provide for
improvements in the process of approving and using animal
drugs, and for other purposes; with an amendment (Rept. No.
104-823). Referred to the Committee of the Whole House on the
State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3155. A
bill to amend the Wild and Scenic Rivers Act by designating
the Wekiva River, Seminole Creek, and Rock Springs Run in the
State of Florida for study and potential addition to the
National Wild and Scenic Rivers System; with an amendment
(Rept. No. 104-824). Referred to the Committee of the Whole
House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3568. A
bill to designate 51.7 miles of the Clarion River, located in
Pennsylvania, as a component of the National Wild and Scenic
Rivers System (Rept. No. 104-825). Referred to the Committee
on the Whole House on the State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 1791. A bill to
amend title XIX of the Social Security Act to make certain
technical corrections relating to physicians' services; with
an amendment (Rept. No. 104-826). Referred to the Committee
of the Whole House on the State of the Union.
Mr. HYDE: Committee on the Judiciary. H.R. 2092. A bill to
expedite State reviews of criminal records of applicants for
private security officer employment, and for other purposes;
with an amendment (Rept. No. 104-827 Pt. 1). Ordered to be
printed.
Mr. HYDE: Committee of Conference. Conference report on
H.R. 2202. A bill to amend the Immigration and Nationality
Act to improve deterrence of illegal immigration to the
United States by increasing Border Patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes (Rept.
No. 104-828). Ordered to be printed.
Mr. DREIER: Committee on Rules. House Resolution 528.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 2202) to amend the
Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing Border
Patrol and investigative personnel, by increasing penalties
for alien smuggling and for document fraud, by reforming
exclusive and deportation law and procedures, by improving
the verification system for eligibility for employment, and
through other measures, to reform the legal immigration
system and facilitate legal entries into the United States
and for other purposes (Rept. No. 104-829). Referred to the
House Calendar.
Mr. GOSS: Committee on Rules. House Resolution 529.
Resolution waiving points of order against the conference
report to accompany the bill (H.R. 3259) to authorize
appropriations for fiscal year 1997 for intelligence and
intelligence-related activities of the U.S. Government, the
Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other
purposes (Rept. No. 104-830). Referred to the House Calendar.
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 3841. A bill to amend the civil service laws of the
United States, and for other purposes; with an amendment
(Rept. No. 104-831). Referred to the Committee of the Whole
House on the State of the Union.
Mr. COMBEST: Committee on Conference. Conference report on
H.R. 3259. A bill to authorize appropriations for fiscal year
1997 for intelligence and intelligence-related activities of
the U.S. Government, the community management account, and
the Central Intelligence Agency Retirement and Disability
System, and for other purpose (Rept. No. 104-832). Ordered to
be printed.
Mr. BLILEY: Committee on Commerce. H.R. 1186. A bill to
provide for the safety of journeymen boxers, and for other
purposes; with an amendment (Rept. No. 104-833 Pt. 1).
Ordered to be printed.
Mr. McINNIS: Committee on Rules. House Resolution 530.
Resolution providing for the consideration of the bill (H.R.
4134) to amend the Immigration and Nationality Act to
authorize States to deny public education benefits to aliens
not lawfully present in the United States who are not
enrolled in public schools during the period beginning
September 1, 1996, and ending July 1, 1997 (Rept. No. 104-
834). Referred to the House Calendar.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3752. A
bill to preserve the sovereignty of the United States over
public lands and acquired lands owned by the United States,
and to preserve State sovereignty and private property rights
in non-Federal lands surrounding those public lands and
acquired lands; with an amendment (Rept. No. 104-835).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. YOUNG of Alaska: Committee of Conference. Conference
report on H.R. 1296. A bill to provide for the Administration
of certain Presidio properties at minimal cost to the Federal
taxpayer (Rept. No. 104-836). Ordered to be printed.
[[Page 2254]]
para.113.63 time limitations of referred bills
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 1281. Referral to the Committees on Intelligence
(Permanent Select) and the Judiciary extended for a period
ending not later than September 24, 1996.
H.R. 3452. Referral to the Committees on Economic and
Educational Opportunities, the Judiciary, and Veterans'
Affairs for a period ending not later than September 24,
1996.
H.R. 3391. Referral to the Committee on Ways and Means
extended for a period ending not later than September 24,
1996.
para.113.64 discharge of committee
Pursuant to clause 5 of rule X the Committees on Intelligence
(Permanent Select) and the Judiciary discharged from further
consideration. H.R. 1281 referred to the Committee of the Whole House on
the State of the Union.
Pursuant to clause 5 of rule X the Committee on Ways and Means
discharged from further consideration. H.R. 3391 referred to the
Committee of the Whole House on the State of the Union.
Pursuant to clause 5 of rule X the Committees on Economic and
Educational Opportunities, the Judiciary, and Veterans' Affairs
discharged from further consideration. H.R. 3452 referred to the
Committee of the Whole House on the State of the Union.
para.113.65 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. LaTOURETTE (for himself, Mr. Stokes, Mr.
Gilchrest, Mr. Traficant, Mr. Regula, Ms. Eddie
Bernice Johnson of Texas, Mr. Oberstar, and Mr.
Mascara):
H.R. 4133. A bill to designate the U.S. courthouse to be
constructed at the corner of Superior and Huron Roads, in
Cleveland, OH, as the ``Carl B. Stokes United States
Courthouse''; to the Committee on Transportation and
Infrastructure.
By Mr. GALLEGLY:
H.R. 4134. A bill to amend the Immigration and Nationality
Act to authorize States to deny public education benefits to
aliens not lawfully present in the United States who are not
enrolled in public schools during the period beginning
September 1, 1996, and ending July 1, 1997; to the Committee
on the Judiciary, and in addition to the Committee on
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. THOMAS (for himself and Mr. Stark):
H.R. 4135. A bill to amend the Internal Revenue Code of
1986 to fully implement the Newborns' and Mothers' Health
Protection Act of 1996 and the Mental Health Parity Act of
1996; to the Committee on Ways and Means.
By Mr. McINTOSH (for himself, Mr. Condit, Mr.
Goodlatte, and Mr. Davis):
H.R. 4136. A bill to provide for a reduced rate of postage
for certain mailings that, under Federal or State law, are
required to be made by local governments; to the Committee on
Government Reform and Oversight.
By Mr. SOLOMON (for himself, Mr. McCollum, Ms.
Molinari, Mr. Barr, Mr. Heineman, Mr. Ackerman, Mr.
Baker of Louisiana, Mr. Bilbray, Mr. Blute, Mr.
Christensen, Mr. Clyburn, Ms. Dunn of Washington,
Mrs. Fowler, Mr. Franks of Connecticut, Mr. Gallegly,
Mr. Green of Texas, Mr. Johnston of Florida, Mrs.
Kelly, Mr. McIntosh, Mr. McKeon, Mr. Nethercutt, Mr.
Oxley, Ms. Pryce, Mrs. Seastrand, Mr. Shaw, Ms.
Slaughter, Mrs. Vucanovich, Mr. Walsh, Mr. Watts of
Oklahoma, Mr. Weller, and Mr. Payne of New Jersey):
H.R. 4137. A bill to combat drug-facilitated crimes of
violence, including sexual assaults; to the Committee on the
Judiciary, and in addition to the Committee on Commerce, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. WALKER (for himself and Mr. Brown of
California):
H.R. 4138. A bill to authorize the hydrogen research,
development, and demonstration programs of the Department of
Energy, and for other purposes; to the Committee on Science.
By Mr. SAXTON:
H.R. 4139. A bill to reauthorize and amend the Atlantic
Striped Bass Conservation Act and the Anadromous Fish
Conservation Act; to the Committee on Resources.
By Mr. BALDACCI:
H.R. 4140. A bill to establish a National Center for Rural
Law Enforcement, and for other purposes; to the Committee on
the Judiciary.
By Mr. BARRETT of Wisconsin:
H.R. 4141. A bill to ensure that purchasers of single
family residential properties owned by the Department of
Housing and Urban Development are notified of the penalties
authorized for intentionally misrepresenting the purchaser's
intent to occupy the properties after purchase and that
purchasers indicating an intent to use such properties as
their principal residences use the properties in such manner;
to the Committee on Banking and Financial Services.
By Mr. BARTON of Texas (for himself and Mr. Stenholm):
H.R. 4142. A bill to amend the Congressional Budget Act of
1974; to the Committee on the Budget, and in addition to the
Committees on Government Reform and Oversight, and Rules, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. BLUTE:
H.R. 4143. A bill to amend the Immigration and Nationality
Act to waive the English language and civics requirements for
naturalization for persons who are over 65 and have resided
legally in the United States for at least 20 years; to the
Committee on the Judiciary.
By Mr. BREWSTER (for himself, Mr. Young of Alaska, Mr.
Pete Geren of Texas, Mr. Chambliss, and Mr.
Cunningham):
H.R. 4144. A bill to protect and enhance sportsmen's
opportunities and enhance wildlife conservation; to the
Committee on Resources, and in addition to the Committee on
Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BRYANT of Texas (for himself, Mrs. Maloney, Mr.
Clay, Ms. Eshoo, Mr. Yates, Mrs. Lowey, Mr.
Torricelli, Mr. Lewis of Georgia, Mr. Moran, Ms.
Velazquez, Mr. Lantos, Mr. Berman, Mr. Franks of New
Jersey, Mr. Filner, Mr. Stark, Mr. Hinchey, Mr. Farr,
Mr. Dellums, Mr. Evans, Mr. Gutierrez, Mr. Serrano,
Ms. Woolsey, Mr. Porter, Mr. Andrews, Mr. Brown of
California, Mr. Beilenson, and Mr. Nadler):
H.R. 4145. A bill to amend the Forest and Rangeland
Renewable Resources Planning Act of 1974 and related laws to
strengthen the protection of native biodiversity and ban
clearcutting on Federal lands, and to designate certain
Federal lands as Northwest Ancient Forests, roadless areas,
and special areas where logging and other intrusive
activities are prohibited; to the Committee on Agriculture,
and in addition to the Committee on Resources, and National
Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. CANADY:
H.R. 4146. A bill to provide for the collection of certain
information, in the next decennial census of population,
relating to individuals who regularly provide care to a
family member who is unable to care for himself or herself
due to age or continuing physical or mental condition or
impairment; to the Committee on Government Reform and
Oversight.
By Mrs. CHENOWETH (for herself, Mr. Crapo, Mr.
Doolittle, and Mr. Cooley):
H.R. 4147. A bill to prohibit further extension or
establishment of any national monument without an express act
of Congress; to the Committee on Resources.
By Mr. FRANKS of New Jersey (for himself and Mr.
Flake):
H.R. 4148. A bill to require the Secretary of the Treasury
to mint coins in commemoration of the 50th anniversary of the
breaking of the color barrier in major league baseball by
Jackie Robinson; to the Committee on Banking and Financial
Services.
By Mr. HALL of Texas (for himself, Mr. Allard, Mr.
Baker of California, Mr. Ballenger, Mr. Barcia of
Michigan, Mr. Barr, Mr. Bartlett of Maryland, Mr.
Barton of Texas, Mr. Bonilla, Mr. Boehner, Mr.
Brownback, Mr. Bryant of Tennessee, Mr. Bunn of
Oregon, Mr. Bunning of Kentucky, Mr. Burr, Mr. Camp,
Mr. Canady, Mr. Chabot, Mrs. Chenoweth, Mr. Clinger,
Mr. Coble, Mr. Coburn, Mr. Collins of Georgia, Mr.
Cooley, Mr. Cremeans, Mr. Cunningham, Mr. Deal of
Georgia, Mr. Dickey, Mr. Doolittle, Mr. Dornan, Mr.
Doyle, Mr. Duncan, Ms. Dunn of Washington, Mr.
English of Pennsylvania, Mr. Frisa, Mr. Funderburk,
Mr. Goodlatte, Mr. Graham, Ms. Greene of Utah, Mr.
Hastings of Washington, Mr. Hayes, Mr. Hayworth, Mr.
Hilleary, Mr. Hoke, Mr. Holden, Mr. Hostettler, Mr.
Hoekstra, Mr. Hunter, Mr. Hutchinson, Mr. Hyde, Mr.
Inglis of South Carolina, Mr. Istook, Mr. King, Mr.
Kasich, Mr. Kingston, Mr. Knollenberg, Mr. LaHood,
Mr. Largent, Mr. Latham, Mr. Lewis of Kentucky, Mr.
Linder, Mr. Lipinski, Mr. Livingston, Mr. McHugh, Mr.
Manton, Mr. Manzullo, Mr. Mascara, Mr. Mica, Mr.
Moorhead, Mr. Myers of Indiana, Mrs. Myrick, Mr. Ney,
Mr. Norwood, Mr. Oberstar, Mr. Orton, Mr. Packard,
Mr.
[[Page 2255]]
Parker, Mr. Peterson of Minnesota, Mr. Petri, Mr.
Poshard, Mr. Quinn, Mr. Rahall, Mr. Roberts, Mr.
Scarborough, Mr. Schiff, Mrs. Seastrand, Mr.
Sensenbrenner, Mr. Skelton, Mr. Smith of New Jersey,
Mr. Smith of Texas, Mrs. Smith of Washington, Mr.
Solomon, Mr. Souder, Mr. Stearns, Mr. Stenholm, Mr.
Stockman, Mr. Stump, Mr. Stupak, Mr. Talent, Mr.
Taylor of North Carolina, Mr. Taylor of Mississippi,
Mr. Tiahrt, Mr. Volkmer, Mrs. Vucanovich, Mr. Wamp,
Mr. Watts of Oklahoma, Mr. Weldon of Pennsylvania,
Mr. Weldon of Florida, Mr. Wicker, Mr. Wolf, Mr.
Montgomery, Mr. Condit, Mr. Sisisky, Mr. Cramer, Mr.
Clement, Mr. DeLay, Mr. Brewster, Mr. Frost, and Mr.
de la Garza):
H.R. 4149. A bill to clarify Federal law with respect to
assisted suicide, and for other purposes; to the Committee on
Commerce, and in addition to the Committees on Ways and
Means, the Judiciary, Economic and Educational Opportunities,
Government Reform and Oversight, Resources, and International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. HEFLEY:
H.R. 4150. A bill to suspend temporarily the duty on
certain industrial nylon fabrics; to the Committee on Ways
and Means.
By Mr. JOHNSON of South Dakota (for himself, Mr.
Faleomavaega, Mr. Kildee, Mr. Miller of California,
and Mr. Richardson):
H.R. 4151. A bill to establish a national Indian bonding
authority pilot project to oversee the issuance of bond to
provide funding for the construction of schools of the Bureau
of Indian Affairs of the Department of the Interior, and for
other purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. LEWIS of Georgia:
H.R. 4152. A bill to designate the Federal building located
at 100 Alabama Street NW, in Atlanta, GA, as the ``Sam Nunn
Federal Center''; to the Committee on Transportation and
Infrastructure.
By Mrs. MORELLA (for herself and Mr. Jones):
H.R. 4153. A bill to extend health insurance and survivor
annuity benefits to certain former spouses of Federal
employees who would otherwise be ineligible for those
benefits; to the Committee on Government Reform and
Oversight.
By Mrs. MORELLA:
H.R. 4154. A bill to amend the Internal Revenue Code 1986
to make the dependent care credit refundable, and for other
purposes; to the Committee on Ways and Means.
By Ms. NORTON:
H.R. 4155. A bill to amend the Internal Revenue Code of
1986 to provide for individuals who are residents of the
District of Columbia a maximum rate of tax of 15 percent on
income from sources within the District of Columbia; to the
Committee on Ways and Means.
By Mr. PORTER:
H.R. 4156. A bill to provide for special immigrant status
for certain aliens working as journalists in Hong Kong; to
the Committee on the Judiciary.
By Mr. RAMSTAD (for himself, Mr. Gutknecht, Mr. Luther,
Mr. Minge, Mr. Oberstar, Mr. Peterson of Minnesota,
Mr. Sabo, and Mr. Vento):
H.R. 4157. A bill to amend the Internal Revenue Code of
1986 to provide that the conducting of certain games of
chance shall not be treated as an unrelated trade or
business; to the Committee on Ways and Means.
By. Mr. RAMSTAD (for himself and Mr. Minge):
H.R. 4158. A bill to exclude certain general service wages
and hours associated with a separate skilled nursing facility
owned by certain hospitals in determining a hospital's
eligibility for continued geographic reclassification under
the Medicare Program; to the Committee on Ways and Means.
By Mr. SAXTON (for himself, Mr. Bonior, Mr. Shaw, Mr.
Zimmer, Mr. Smith of New Jersey, Mr. Jones, Mr.
Petri, Mr. Brewster, Mr. Neumann, Mr. Oberstar, Mr.
Clement, Mr. Bilirakis, Mr. Deutsch, Mr. Torricelli,
Mr. Pallone, Mr. Ballenger, Mr. LoBiondo, and Mr.
Franks of New Jersey):
H.R. 4159. A bill to amend title 17, United States Code, to
protect vessel hull designs against unauthorized duplication,
and for other purposes; to the Committee on the Judiciary.
By Mr. STARK:
H.R. 4160. A bill to amend titles XVIII and XIX of the
Social Security Act to require Medicare and Medicaid health
plans to provide for orientation and medical profiles for
enrollees and to require Medicaid health plans to assure
appropriate immunizations for children; to the Committee on
Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. STEARNS (for himself and Mr. Montgomery):
H.R. 4161. A bill to provide for a role models academy
demonstration program; to the Committee on Economic and
Educational Opportunities.
By Mr. TORRICELLI:
H.R. 4162. A bill to amend the Employee Retirement Income
Security Act of 1974 to provide continued participation under
a defined benefit plan to employees who are terminated from
employment within 7 years of attaining normal retirement age
under the plan; to the Committee on Economic and Educational
Opportunities.
By Mrs. MORELLA (for herself, Mrs. Myrick, Ms. Greene
of Utah, Mrs. Kelly, Mrs. Seastrand, Mrs. Roukema,
Ms. Dunn of Washington, Mrs. Johnson of Connecticut,
Mrs. Fowler, Mrs. Vucanovich, Ms. Molinari, and Mrs.
Meyers of Kansas):
H. Con. Res. 216. Concurrent resolution providing for
relocation of the Portrait Monument; to the Committee on
House Oversight.
By Mr. MORAN (for himself, Mr. Porter, Mr. Lantos, Ms.
Molinari, and Mr. Engel):
H. Con. Res. 217. Concurrent resolution concerning human
and political rights of the Bosniac people of the Sanjak
region of the Federal Republic of Yugoslavia (Serbia/
Montenegro); to the Committee on International Relations.
By Mr. LINDER:
H. Res. 531. Resolution relating to a question of the
privileges of the House.
By Mr. LEWIS of Georgia:
H. Res. 532. Resolution relating to a question of the
privileges of the House.
By Mr. BONO:
H. Res. 533: Resolution amending the Rules of the House of
Representatives to require that every Member establishes a
written office policy regarding standards for the use of
computer software, programs, and data bases; to the Committee
on Rules.
By Mr. CLINGER:
H. Res. 534. Resolution recognizing and honoring the crew
members of the U.S.S. Pittsburgh for their heroism in March
1945 rendering aid and assistance to the U.S.S. Franklin and
its crew; to the Committee on National Security.
para.113.66 private bills and resolutions
Under clause 1 of rule XXII,
By Mr. YOUNG of Florida:
H.R. 4163. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
and on the Great Lakes and their tributary and connecting
waters in trade with Canada for the vessel Medrx III; to the
Committee on Transportation and Infrastructure.
para.113.67 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 553: Mr. Kolbe.
H.R. 784: Mr. Goodling.
H.R. 789: Mr. Sam Johnson, Mr. Abercrombie, and Mr. Skeen.
H.R. 858: Ms. Slaughter and Mrs. Seastrand.
H.R. 1073: Mr. Ehlers and Mr. Camp.
H.R. 1074: Mr. Ehlers and Mr. Camp.
H.R. 1309: Mr. Baldacci, Mr. Flake, Mr. Ackerman, Mr.
Hastings of Florida, and Mr. Abercrombie.
H.R. 1427: Mr. Goodling.
H.R. 1507: Mr. Yates.
H.R. 1619: Mr. McHale.
H.R. 1994: Mr. Andrews.
H.R. 2011: Mr. Hefner.
H.R. 2508: Mr. Evans, Mr. Weldon of Pennsylvania, Mr.
Rogers, and Mr. Pete Geren of Texas.
H.R. 2579: Mr. Fawell and Mr. Lazio of New York.
H.R. 2727: Mr. Camp.
H.R. 2807: Mr. Thompson.
H.R. 3201: Mr. Frelinghuysen.
H.R. 3217: Mr. Abercrombie.
H.R. 3244: Mr. Jackson.
H.R. 3355: Mr. Thompson and Ms. Rivers.
H.R. 3401: Mr. Shadegg.
H.R. 3436: Mr. Dellums, Mr. Ackerman, Mr. Frost, Mr.
DeFazio, and Mr. Nadler.
H.R. 3714: Mr. Foglietta and Mr. Torkildsen.
H.R. 3752: Mr. Dickey and Mr. Cremeans.
H.R. 3804: Mr. Kildee.
H.R. 3830: Ms. Slaughter, Mr. Ackerman, Mr. Baldacci, Mr.
Green of Texas, and Mr. Fattah.
H.R. 3838: Mr. Ney.
H.R. 3839: Mr. Evans, Mr. Baesler, and Mr. Kleczka.
H.R. 3857: Mr. Gejdenson and Mr. Horn.
H.R. 3947: Mr. Barcia of Michigan.
H.R. 3950: Mr. Baldacci.
H.R. 3963: Mr. Evans and Mr. Ensign.
H.R. 3966: Mr. Bateman and Mr. Boehlert.
H.R. 4028: Mr. Towns, Mr. Stupak, Mr. Brown of Ohio, Mr.
Frost, and Mr. Oberstar.
H.R. 4045: Mr. Lewis of Georgia.
H.R. 4046: Mr. Rangel and Mr. Fattah.
H.R. 4067: Mr. Romero-Barcelo, Mr. Kim, Mr. Frazer, and Mr.
Rahall.
H.R. 4068: Mr. Bachus, Mr. Quinn, Mr. Gutierrez, Mr.
Schaefer, Mr. Barrett of Nebraska, and Mr. Longley.
H.R. 4073: Mr. Lewis of Georgia, Mr. Payne of New Jersey,
Mr. Brown of Ohio, and Mr. Kingston.
H.R. 4120: Mr. Doolittle and Mr. Cooley.
H.R. 4126: Mr. Torres, Mr. Beilenson, Mr. Campbell, Mr.
Lewis of California, and Mr. Becerra.
H.R. 4131: Mrs. Mink of Hawaii, Mr. Bachus, Mr. Watts of
Oklahoma, Mr. Brown of Ohio, Mr. Boehlert, Mr. Richardson,
Mr. Gilman, Mr. DeFazio, Mr. Farr, and Mr. Cramer.
[[Page 2256]]
H. Con. Res. 145: Mr. Hamilton.
H. Con. Res. 199: Mr. Torres.
H. Con. Res. 209: Mr. Barrett of Wisconsin and Mr.
Lipinski.
H. Res. 515: Mr. Bonior, Mr. Portman, Mr. Green of Texas,
and Mr. Weldon of Florida.
H. Res. 518: Mr. Miller of California, Mr. Dellums, Ms.
Lofgren, Mr. Wynn, Mr. Blumenauer, and Mr. Cummings.
H. Res. 521: Ms. Eshoo, Mr. Clement, Mr. Lewis of Georgia,
and Ms. Lofgren.
.
WEDNESDAY, SEPTEMBER 25, 1996 (114)
The House was called to order by the SPEAKER.
para.114.1 approval of the journal
The SPEAKER announced he had examined and approved the Journal of the
proceedings of Tuesday, September 24, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.114.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5295. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Tart Cherries Grown in the States of Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Order
Regulating Handling (AO-370-A5; FV93-930-3) received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
5296. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Colorado; Assessment Rate [Docket No.
FV96-948-2 FIR] received September 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5297. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Apricots and Cherries Grown in Designated Counties in
Washington, and Prunes Grown in Designated Counties in
Washington and Umatilla County, Oregon; Assessment Rates
[Docket No. FV96-922-3 FIR] received September 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5298. A letter from the Deputy Secretary of Defense,
transmitting the Department's report on opportunities for
greater efficiencies in the operation of the military
exchanges, commissary stores, and other morale, welfare, and
recreation [MWR] activities, pursuant to Public Law 104-106,
section 339; to the Committee on National Security.
5299. A letter from the Comptroller of the Currency, et
al., transmitting the ``Joint Report: Streamlining of
Regulatory Requirements,'' pursuant to 108 Stat. 2160; to the
Committee on Banking and Financial Services.
5300. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
740, pursuant to Public Law 101-508, section 13101(a) (104
Stat. 1388-582); to the Committee on the Budget.
5301. A letter from the Secretary of Health and Human
Services, transmitting the fiscal years 1993 and 1994 annual
reports of the National Institute for Occupational Safety and
Health [NIOSH], Centers for Disease Control and Prevention
[CDC], pursuant to 29 U.S.C. 671(f); to the Committee on
Economic and Educational Opportunities.
5302. A letter from the Fiscal Assistant Secretary,
Department of the Treasury, transmitting notification that no
exceptions to the prohibition against favored treatment of a
government securities broker or dealer were granted by the
Secretary for the calendar year 1995, pursuant to 31 U.S.C.
3121 note; to the Committee on Commerce.
5303. A letter from the Fiscal Assistant Secretary,
Department of the Treasury, transmitting the annual report of
material violations or suspected material violations of
regulations of the Secretary, pursuant to 31 U.S.C. 3121
note; to the Committee on Commerce.
5304. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; the
Commonwealth of Kentucky--Disapproval of the Request to
Redesignate the Kentucky Portion of the Cincinnati-Northern
Kentucky Moderate Ozone Nonattainment Area to Attainment and
the Associated Maintenance Plan [FRL-5607-3] received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5305. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Solid Waste Disposal
Facility Criteria; Re-establishment of Ground Water
Monitoring Exemption for Small, Municipal Solid Waste
Landfills Located in Either Dry or Remote Areas [FRL-5615-8]
received September 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5306. A letter from the Managing Director, Federal
Communication, Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b) Table of
Allotments, FM Broadcast Stations (Castana, Iowa) [MM Docket
No. 96-96, RM-8791] received September 25, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5307. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Wellington, Colorado) [MM
Docket No. 96-51, received September 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5308. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Delta, Colorado) [MM
Docket No. 96-38, RM-8759] received September 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5309. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Coleman, Sebewaing and
Tuscola, Michigan) [MM Docket No. 95-7, RM-8561] received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5310. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Amendment of Section 73.202(b), Table of
Allotments, FM Broadcast Stations (Elberton, Georgia) [MM
Docket No. 95-165, RM-8703] received September 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5311. A letter from the Secretary of Energy, transmitting
the Department's report entitled ``1995 Annual Report on Low-
Level Radioactive Waste Management Progress,'' pursuant to
Public Law 99-240, section 7(b); to the Committee on
Commerce.
5312. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals (94-1558--Engine Manufacturers
Association, on behalf of certain of its members versus
Environmental Protection Agency; to the Committee on
Commerce.
5313. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Portugal for defense articles and
services (Transmittal No. 96-74), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
5314. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule--Federal
Employees Health Benefits Program: Limitation on Physician
Charges and FEHB Program Payments (RIN: 3206-AG31) received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Government Reform and Oversight.
5315. A letter from the Chief of Staff, Social Security
Administration, transmitting the Administration's final
rule--Social Security Acquisition Regulation (RIN: 0960-AE12)
received September 20, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
5316. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals (95-5057--Scott Armstrong, et al.
versus Executive Office of the President; to the Committee on
Government Reform and Oversight.
5317. A letter from the Chief Administrative Officer, U.S.
House of Representatives, transmitting the quarterly report
of receipts and expenditures of appropriations and other
funds for the period April 1, 1996, through June 30, 1996, as
compiled by the Chief Administrative Officer, pursuant to 2
U.S.C. 104a (H. Doc. No. 104-268); to the Committee on House
Oversight and ordered to be printed.
5318. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting, Late
Seasons and Bag Possession Limits for Certain Migratory Game
Birds (RIN: 1018-AD69) received September 24, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources.
5319. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule--Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded
Lands for the 1996-97 Late Season (RIN: 1018-AD69) received
September 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5320. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; ``Other Rockfish'' Species Group in the
Eastern Regulatory Area of the Gulf of Alaska [Docket No.
960129018-6018-01; I.D. 091996A] received September 24, 1996,
pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee on
Resources.
5321. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation entitled, ``Criminal Offender Anti-Drug Act''; to
the Committee on the Judiciary.
5322. A letter from the Corporation Agent, Legion of Valor
of the United States of America, Inc., transmitting a copy of
the legion's annual audit as of April 30, 1996, pursuant to
36 U.S.C. 1101(28) and 1103; to the Committee on the
Judiciary.
[[Page 2257]]
5323. A letter from the Director, Office of Government
Ethics, transmitting the Office's final rule--Standards of
Ethical Conduct for Employees of the Executive Branch;
Exception for Gifts from a Political Organization (RIN: 3209-
AA04) received September 20, 1996, pursuant to 5 U.S.C.
801(a) (1) (A); to the Committee on the Judiciary.
5324. A letter from the Clerk, U.S. Court of Appeals,
District of Columbia Circuit, transmitting an opinion of the
U.S. Court of Appeals (92-3133--United States of America
versus Rochell Ardall Crowder; to the Committee on the
Judiciary.
5325. A letter from the Assistant Attorney General, Civil
Rights Division, Department of Justice, transmitting the
Department's final rule--Architectural and Transportation
Barriers Compliance Board [A.G. Order No. 2043-96] (RIN:
3014-AA18) received September 16, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5326. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Definition of the Term Lawfully Present in the United
States for Purposes of Applying for Title II Benefits Under
Section 401(b)(2) of Public law 104-193 [INS No. 1792-96]
(RIN: 1115-AE51) received September 13, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5327. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Inflation-Indexed Debt Instruments (Notice 96-51) received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5328. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Low-
Income Housing Credit (Revenue Ruling 96-45) received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5329. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Last-
in, First-out Inventories (Revenue Ruling 96-50) received
September 25, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5330. A letter from the Secretary of Veterans Affairs,
transmitting a draft of proposed legislation entitled,
``Department of Veterans Affairs Employment Reduction
Assistance Act of 1996''; jointly, to the Committees on
Veterans' Affairs and Government Reform and Oversight.
5331. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to authorize the
sale of excess Federal aircraft to facilitate the suppression
of wildfire; jointly, to the Committees on Government Reform
and Oversight, Agriculture, and National Security.
para.114.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills of the
House of the following titles:
H.R. 1350. An Act to amend the Merchant Marine Act, 1936 to
revitalize the United States-flag merchant marine, and for
other purposes.
H.R. 2504. An Act to designate the Federal Building located
at the corner of Patton Avenue and Otis Street, and the
United States Courthouse located on Otis Street, in
Asheville, North Carolina, as the ``Veach-Baley Federal
Complex.''
H.R. 3186. An Act to designate the Federal building located
at 1655 Woodson Road in Overland, Missouri, as the ``Sammy L.
Davis Federal Building.''
H.R. 3400. An Act to designate the Federal building and
United States courthouse to be constructed at a site on 18th
Street between Dodge and Douglas Streets in Omaha, Nebraska,
as the ``Roman L. Hruska Federal Building and United States
Courthouse.''
H.R. 3710. An Act to designate the United States courthouse
under construction at 611 North Florida Avenue in Tampa,
Florida, as the ``Sam M. Gibbons United States Courthouse.''
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 2660. An Act to increase the amount authorized to be
appropriated to the Department of the Interior for the Tensas
River National Wildlife Refuge.
H.R. 3546. An Act to direct the Secretary of the Interior
to convey the Walhalla National Fish Hatchery to the State of
South Carolina.
The message also announced that the Senate agrees to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3666) ``An Act making
appropriations for the Department of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.''
The message also announced that the Senate had passed bills and a
joint resolution of the following titles, in which the concurrence of
the House is requested.
S. 1802. An Act to direct the Secretary of the Interior to
convey certain property containing a fish and wildlife
facility to the State of Wyoming, and for other purposes.
S. 1875. An Act to designate the United States courthouse
in Medford, Oregon, as the ``James A. Redden Federal
Courthouse''.
S.J. Res. 64. Joint resolution to commend Operation Sail
for its advancement of brotherhood among nations, its
continuing commemoration of the history of the United States,
and its nurturing of young cadets through training in
seamanship.
para.114.4 point of order
Mr. VOLKMER during one minute speeches addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order, and said:
``The gentleman from Missouri is referring to matters before the
Committee on Standards of Official Conduct, which is explicitly against
the House rules.''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair sustains the point of order, and the gentleman [Mr.
Volkmer] must proceed in order.''.
para.114.5 point of order
Mr. VOLKMER addressed the House further and, during the course of his
remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, at what point does the Chair decide that these
scurrilous attacks on personalities and this abuse of the House rules
becomes so out of order that people are asked to take their seat?''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``As stated on September 8 by the Chair, at some point the Chair will
put it to the entire House to determine whether Members who continually
violate the rules will continue to proceed in order.''.
para.114.6 point of order
Mr. LEWIS of Georgia during one minute speeches addressed the House
and, during the course of his remarks,
Mr. CHRYSLER made a point of order, and said:
``Mr. Speaker, referring to matters before the Ethics Committee, which
is specifically forbidden in the House rules, is my point of order.''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair will reiterate the principle in this matter. The Chair
will repeat the admonitions of the Chair from June 26, 1996, September
12, September 17, and September 24.
``It is an essential rule of decorum in debate that members should
refrain from reference in debate to the conduct of other Members, where
such conduct is not the question actually pending before the House, by
way of a report from the Committee on Standards of Official Conduct or
by way of another question of the privileges of the House.
``This principle is documented on pages 168 and 526 of the House Rules
Manual, and reflects the consistent rulings of the Chair in this and in
prior Congresses and applies to 1-minute and special order speeches.
``The fact that a resolution has been noticed pursuant to rule IX does
not permit such references where that resolution is not actually
pending.
``Neither the filing of a complaint before the Committee on Standards
of Official Conduct, nor the publication in another forum of charges
that are personally critical of another Member, justify the references
to such charges on the floor of the House. This includes references to
the motivations of Members who file complaints and to members of the
Committee on Standards of Official Conduct.
``As cited on page 526 of the Manual, this also includes references to
concluded investigations of sitting Members by the Standards Committee
(July 24, 1970). Clause 1 of rule XIV is a prohibition against engaging
in personality in debate. It derives from article 1, section 5 of the
Constitution, which authorizes each House to make its own rules, and to
punish its Members for disorderly behavior, and has been part of the
rules of the House in some relevant form since 1789. This rule
supersedes any claim of a Member to be free from questioning in any
other place.
[[Page 2258]]
``On January 27, 1909, the House adopted a report that stated the
following: `It is the duty of the House to require its Members, in
speech or debate, to preserve that proper restraint which will permit
the House to conduct its business in an orderly manner and without
unnecessarily and unduly exciting animosity among its Members, from
Cannon's Precedents, Volume VIII, at Section 2497. This report was in
response to improper references in debate to the President, but clearly
reiterated a principle that all occupants of the Chair in this and in
prior Congresses have held to be equally applicable to Members' remarks
in debate toward the Speaker and each other.
``The Chair asks and expects the cooperation of all Members in
maintaining a level of decorum that properly dignifies the proceedings
of the House.
``The gentleman from Georgia [Mr. Lewis] may proceed in order.''.
para.114.7 point of order
Mr. LEWIS of Georgia further addressed the House and, during the
course of his remarks,
Mr. CHRYSLER made a further point of order, and said:
``Mr. Speaker, he is referring to matters that are before the House
Ethics Committee which are specifically forbidden in the House rules, is
my point of order.''.
Mr. LEWIS of Georgia was recognized to speak to the point of order,
and said:
``Let me say to the gentleman [Mr. Chrysler] from the other side,
there comes a time when an injustice is so great, when you must even
challenge the rule to demonstrate that injustice. I know the gentleman
from the other side and the Members from the other side would not like
for this report to come out.''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair again sustains the point of order, and the gentleman [Mr.
Lewis of Georgia] will proceed in order.''.
para.114.8 point of order
Ms. DeLAURO during one minute speeches addressed the House and, during
the course of her remarks,
Mr. CHRYSLER made a point of order, and said:
``Mr. Speaker, the gentlewoman [Ms. DeLauro] is violating House rules
by referring to matters before the Ethics Committee which are
specifically forbidden by House rules.''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair will sustain the point of order, and asks the gentlewoman
to proceed in order.''.
para.114.9 point of order
Mrs. SCHROEDER during one minute speeches addressed the House and,
during the course of her remarks,
Mr. CHRYSLER made a point of order, and said:
``Mr. Speaker, the gentlewoman from Colorado [Mrs. Schroeder] is
violating House rules by referring to matters before the Ethics
Committee which are specifically forbidden in House rules.''.
Mrs. SCHROEDER was recognized to speak to the point of order, and
said:
``My question is, what does this House do when not only just a regular
Member of the House but the chief officer of the House, the third in
line for the presidency, has these serious charges and we cannot see
them even though they were publicly funded? Why can we not discuss them
on this House floor and why are we told we must go outside to discuss
them as we had to do Medicare cuts?''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``For reasons previously stated, the Chair sustains the point of order
and asks the gentlewoman to proceed in order.''.
para.114.10 waiving points of order against the conference report to
accompany h.r. 3259
Mr. GOSS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 529):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3259) to authorize appropriations for fiscal year
1997 for intelligence and intelligence-related activities of
the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes. All points of
order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Mr. GOSS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.114.11 intelligence authorization
Mr. COMBEST, pursuant to House Resolution 529, called up the following
conference report (Rept. No. 104-832):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3259), to authorize appropriations for fiscal year 1997 for
intelligence and intelligence-related activities of the
United States Government, the Community Management Account,
and the Central Intelligence Agency Retirement and Disability
System, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 1997''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Limitation on availability of funds for automatic
declassification of records over 25 years old.
Sec. 304. Application of sanctions laws to intelligence activities.
Sec. 305. Expedited naturalization.
Sec. 306. Sense of Congress on enforcement of requirement to protect
the identities of undercover intelligence officers,
agents, informants, and sources.
Sec. 307. Sense of Congress on intelligence community contracting.
Sec. 308. Restrictions on intelligence sharing with the United Nations.
Sec. 309. Prohibition on using journalists as agents or assets.
Sec. 310. Report on policy of intelligence community regarding the
protection of the national information infrastructure
against attack.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Elimination of double surcharge on Central Intelligence
Agency relating to employees who retire or resign in
fiscal years 1998 or 1999 and who receive voluntary
separation incentive payments.
Sec. 402. Post-employment restrictions.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Executive branch oversight of budgets of elements of the
intelligence community.
TITLE VI--FEDERAL BUREAU OF INVESTIGATION
Sec. 601. Access to telephone records.
TITLE VII--COMBATTING PROLIFERATION
Sec. 701. Short title.
Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
Sec. 711. Establishment of commission.
Sec. 712. Duties of commission.
Sec. 713. Powers of commission.
Sec. 714. Commission personnel matters.
Sec. 715. Termination of commission.
Sec. 716. Definition.
Sec. 717. Payment of commission expenses.
Subtitle B--Other Matters
Sec. 721. Reports on acquisition of technology relating to weapons of
mass destruction and advanced conventional munitions.
TITLE VIII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
Sec. 801. Short title.
Sec. 802. Committee on Foreign Intelligence.
[[Page 2259]]
Sec. 803. Annual reports on intelligence.
Sec. 804. Transnational threats.
Sec. 805. Overall management of central intelligence.
Sec. 806. National Intelligence Council.
Sec. 807. Enhancement of authority of Director of Central Intelligence
to manage budget, personnel, and activities of
intelligence community.
Sec. 808. Responsibilities of Secretary of Defense pertaining to the
National Foreign Intelligence Program.
Sec. 809. Improvement of intelligence collection.
Sec. 810. Improvement of analysis and production of intelligence.
Sec. 811. Improvement of administration of intelligence activities.
Sec. 812. Pay level of Deputy Director of Central Intelligence for
Community Management and Assistant Directors of Central
Intelligence.
Sec. 813. General Counsel of the Central Intelligence
Agency.
Sec. 814. Assistance for law enforcement agencies by
intelligence community.
Sec. 815. Appointment of officials responsible for
intelligence-related activities.
Sec. 816. Study on the future of intelligence collection.
Sec. 817. Intelligence Reserve Corps.
TITLE IX--FINANCIAL MATTERS
Sec. 901. Authorization of funding provided by 1996
supplemental appropriations Act.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1997 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(12) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 1997,
for the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill H.R.
3259 of the One Hundred Fourth Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
1997 under section 102 when the Director of Central
Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that
the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed two percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
Central Intelligence shall promptly notify the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate whenever he exercises the authority granted by
this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorizations of Appropriations.--There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1997 the
sum of $131,116,000. Within such amount, funds identified in
the classified Schedule of Authorizations referred to in
section 102(a) for the Advanced Research and Development
Committee shall remain available until September 30, 1998.
(b) Authorized Personnel Levels.--The staff of the
Community Management Account of the Director of Central
Intelligence is authorized 303 full-time personnel as of
September 30, 1997. Such personnel of the Community
Management Staff may be permanent employees of the Community
Management Staff or personnel detailed from other elements of
the United States Government.
(c) Reimbursement.--During fiscal year 1997, any officer or
employee of the United States or member of the Armed Forces
who is detailed to the staff of the Community Management
Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any
such officer, employee, or member may be detailed on a non-
reimbursable basis for a period of less than one year for the
performance of temporary functions as required by the
Director of Central Intelligence.
(d) National Drug Intelligence Center.--(1) Of the amount
authorized to be appropriated in subsection (a), $27,000,000
shall be available for the National Drug Intelligence Center
located in Johnstown, Pennsylvania.
(2) The Director of Central Intelligence shall transfer to
the Attorney General funds available for the National Drug
Intelligence Center under paragraph (1). The Attorney General
shall utilize funds so transferred for the activities of the
center.
(3) Amounts available for the center may not be used in
contravention of the provisions of section 103(d)(1) of the
National Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
(4) Notwithstanding any other provision of law, the
Attorney General shall retain full authority over the
operations of the center.
(e) Environmental Programs.--Of the amount authorized to be
appropriated in subsection (a), $18,000,000 shall be
available for the Environmental Intelligence and Applications
Program, formerly known as the Environmental Task Force, and
remain available until September 30, 1998.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 1997 the sum of $184,200,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC
DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.
Of the amounts authorized to be appropriated for fiscal
year 1997 by this Act for the National Foreign Intelligence
Program, not more than $27,200,000 shall be available to
carry out the provisions of section 3.4 of Executive Order
12958.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``on the date which is one
year after the date of the enactment of this title'' and
inserting in lieu thereof ``on January 6, 1998''.
SEC. 305. EXPEDITED NATURALIZATION.
(a) In General.--With the approval of the Director of
Central Intelligence, the Attorney General, and the
Commissioner of Immigration and Naturalization, an applicant
described in subsection (b) and otherwise eligible for
naturalization may be naturalized without regard to the
residence and physical presence requirements of section
316(a) of the Immigration and Nationality Act, or to the
prohibitions of section 313 of such Act, and no residence
within a particular State or district of the Immigration and
Naturalization Service in the United States shall be
required.
(b) Eligible Applicant.--An applicant eligible for
naturalization under this section is the spouse or child of a
deceased alien whose death resulted from the intentional and
unauthorized disclosure of classified information regarding
the alien's participation in the conduct of United States
intelligence activities and who--
(1) has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at
least one year prior to naturalization; and
(2) is not described in subparagraph (A), (B), (C), or (D)
of section 243(h)(2) of such Act.
(c) Administration of Oath.--An applicant for
naturalization under this section may be administered the
oath of allegiance under section 337(a) of the Immigration
and Nationality Act by the Attorney General or any district
court of the United States, without regard to the residence
of the applicant. Proceedings under this subsection shall be
conducted in a manner consistent with the protection of
intelligence sources, methods, and activities.
(d) Definitions.--For purposes of this section--
(1) the term ``child'' means a child as defined in
subparagraphs (A) through (E) of section 101(b)(1) of the
Immigration and Nationality Act, without regard to age or
marital status; and
(2) the term ``spouse'' means the wife or husband of a
deceased alien referred to in subsection (b) who was married
to such alien during the time the alien participated in the
conduct of United States intelligence activities.
[[Page 2260]]
SEC. 306. SENSE OF CONGRESS ON ENFORCEMENT OF REQUIREMENT TO
PROTECT THE IDENTITIES OF UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND
SOURCES.
It is the sense of Congress that title VI of the National
Security Act of 1947 (50 U.S.C. 421 et seq.) (relating to
protection of the identities of undercover intelligence
officers, agents, informants, and sources) should be enforced
by the appropriate law enforcement agencies.
SEC. 307. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
the operational and security concerns related to the conduct
of intelligence activities, and where fiscally sound, should
award contracts in a manner that would maximize the
procurement of products properly designated as having been
made in the United States.
SEC. 308. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by adding at the end of title
I the following new section:
``restrictions on intelligence sharing with the united nations
``Sec. 110. (a) Provision of Intelligence Information to
the United Nations.--(1) No United States intelligence
information may be provided to the United Nations or any
organization affiliated with the United Nations, or to any
officials or employees thereof, unless the President
certifies to the appropriate committees of Congress that the
Director of Central Intelligence, in consultation with the
Secretary of State and the Secretary of Defense, has
established and implemented procedures, and has worked with
the United Nations to ensure implementation of procedures,
for protecting from unauthorized disclosure United States
intelligence sources and methods connected to such
information.
``(2) Paragraph (1) may be waived upon written
certification by the President to the appropriate committees
of Congress that providing such information to the United
Nations or an organization affiliated with the United
Nations, or to any officials or employees thereof, is in the
national security interests of the United States.
``(b) Periodic and Special Reports.--(1) The President
shall report semiannually to the appropriate committees of
Congress on the types and volume of intelligence provided to
the United Nations and the purposes for which it was provided
during the period covered by the report. The President shall
also report to the appropriate committees of Congress within
15 days after it has become known to the United States
Government that there has been an unauthorized disclosure of
intelligence provided by the United States to the United
Nations.
``(2) The requirement for periodic reports under the first
sentence of paragraph (1) shall not apply to the provision of
intelligence that is provided only to, and for the use of,
appropriately cleared United States Government personnel
serving with the United Nations.
``(c) Delegation of Duties.--The President may not delegate
or assign the duties of the President under this section.
``(d) Relationship to Existing Law.--Nothing in this
section shall be construed to--
``(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 103(c)(6) of this Act; or
``(2) supersede or otherwise affect the provisions of title
V of this Act.
``(e) Definition.--As used in this section, the term
`appropriate committees of Congress' means the Committee on
Foreign Relations and the Select Committee on Intelligence of
the Senate and the Committee on Foreign Relations and the
Permanent Select Committee on Intelligence of the House of
Representatives.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by inserting after
the item relating to section 109 the following:
``Sec. 110. Restrictions on intelligence sharing with the United
Nations.''.
SEC. 309. PROHIBITION ON USING JOURNALISTS AS AGENTS OR
ASSETS.
(a) Policy.--It is the policy of the United States that an
element of the Intelligence Community may not use as an agent
or asset for the purposes of collecting intelligence any
individual who--
(1) is authorized by contract or by the issuance of press
credentials to represent himself or herself, either in the
United States or abroad, as a correspondent of a United
States news media organization; or
(2) is officially recognized by a foreign government as a
representative of a United States media organization.
(b) Waiver.--Pursuant to such procedures as the President
may prescribe, the President or the Director of Central
Intelligence may waive subsection (a) in the case of an
individual if the President or the Director, as the case may
be, makes a written determination that the waiver is
necessary to address the overriding national security
interest of the United States. The Permanent Select Committee
on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate shall be
notified of any waiver under this subsection.
(c) Voluntary Cooperation.--Subsection (a) shall not be
construed to prohibit the voluntary cooperation of any person
who is aware that the cooperation is being provided to an
element of the United States Intelligence Community.
SEC. 310. REPORT ON POLICY OF INTELLIGENCE COMMUNITY
REGARDING THE PROTECTION OF THE NATIONAL
INFORMATION INFRASTRUCTURE AGAINST ATTACK.
(a) Report.--(1) Not later than 120 days after the date of
the enactment of this Act, the Director of Central
Intelligence shall submit to Congress a report on the
potential responses of the intelligence community to threats
to and attacks upon the information infrastructure of the
United States by foreign countries, groups, or individuals,
or by other entities, groups, or individuals.
(2) The report shall include the following:
(A) An analysis of the threats posed to the information
infrastructure of the United States by information warfare
and other forms of non-traditional attacks on the
infrastructure by foreign countries, groups, or individuals,
or by other entities, groups, or individuals.
(B) A description and assessment of the counterintelligence
activities required to respond to such threats, including the
plans of the intelligence community to support such
activities.
(b) Definitions.--For purposes of this section:
(1) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(2) The term ``information infrastructure of the United
States'' includes the information infrastructure of the
public sector and of the private sector.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ELIMINATION OF DOUBLE SURCHARGE ON CENTRAL
INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO
RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999
AND WHO RECEIVE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
Section 2(i) of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403-4 note) is amended by
adding at the end the following: ``The remittance required by
this subsection shall be in lieu of any remittance required
by section 4(a) of the Federal Workforce Restructuring Act of
1994 (5 U.S.C. 8331 note).''.
SEC. 402. POST-EMPLOYMENT RESTRICTIONS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Director of Central Intelligence
shall prescribe regulations requiring each employee of the
Central Intelligence Agency designated by the Director for
such purpose to sign a written agreement restricting the
activities of the employee upon ceasing employment with the
Central Intelligence Agency. The Director may designate a
group or class of employees for such purpose.
(b) Agreement Elements.--The regulations shall provide that
an agreement contain provisions specifying that the employee
concerned not represent or advise the government, or any
political party, of any foreign country during the three-year
period beginning on the cessation of the employee's
employment with the Central Intelligence Agency unless the
Director determines that such representation or advice would
be in the best interests of the United States.
(c) Disciplinary Actions.--The regulations shall specify
appropriate disciplinary actions (including loss of
retirement benefits) to be taken against any employee
determined by the Director of Central Intelligence to have
violated the agreement of the employee under this section.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report setting forth
the actions that have been taken to ensure adequate oversight
by the executive branch of the budget of the National
Reconnaissance Office and the budgets of other elements of
the intelligence community within the Department of Defense.
(b) Report Elements.--The report required by subsection (a)
shall--
(1) describe the extent to which the elements of the
intelligence community carrying out programs and activities
in the National Foreign Intelligence Program are subject to
requirements imposed on other elements and components of the
Department of Defense under the Chief Financial Officers Act
of 1990 (Public Law 101-576), and the amendments made by that
Act, and the Federal Financial Management Act of 1994 (title
IV of Public Law 103-356), and the amendments made by that
Act;
(2) describe the extent to which such elements submit to
the Office of Management and Budget budget justification
materials and execution reports similar to the budget
justification materials and execution reports submitted to
the Office of Management and Budget by the non-intelligence
components of the Department of Defense;
(3) describe the extent to which the National
Reconnaissance Office submits to the
[[Page 2261]]
Office of Management and Budget, the Community Management
Staff, and the Office of the Secretary of Defense--
(A) complete information on the cost, schedule,
performance, and requirements for any new major acquisition
before initiating the acquisition;
(B) yearly reports (including baseline cost and schedule
information) on major acquisitions;
(C) planned and actual expenditures in connection with
major acquisitions; and
(D) variances from any cost baselines for major
acquisitions (including explanations of such variances); and
(4) assess the extent to which the National Reconnaissance
Office has submitted to Office of Management and Budget, the
Community Management Staff, and the Office of the Secretary
of Defense on a monthly basis a detailed budget execution
report similar to the budget execution report prepared for
Department of Defense programs.
(c) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence and the
Committee on National Security of the House of
Representatives.
(2) The term ``National Foreign Intelligence Program'' has
the meaning given such term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).
TITLE VI--FEDERAL BUREAU OF INVESTIGATION
SEC. 601. ACCESS TO TELEPHONE RECORDS.
(a) Access for Counterintelligence Purposes.--Section
2709(b)(1) of title 18, United States Code, is amended by
inserting ``local and long distance'' before ``toll billing
records''.
(b) Conforming Amendment.--Section 2703(c)(1)(C) of such
title is amended by inserting ``local and long distance''
after ``address,''.
(c) Civil Remedy.--Section 2707 of such title is amended--
(1) in subsection (a), by striking out ``customer'' and
inserting in lieu thereof ``other person'';
(2) in subsection (c), by adding at the end the following:
``If the violation is willful or intentional, the court may
assess punitive damages. In the case of a successful action
to enforce liability under this section, the court may assess
the costs of the action, together with reasonable attorney
fees determined by the court.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
``(d) Disciplinary Actions for Violations.--If a court
determines that any agency or department of the United States
has violated this chapter and the court finds that the
circumstances surrounding the violation raise the question
whether or not an officer or employee of the agency or
department acted willfully or intentionally with respect to
the violation, the agency or department concerned shall
promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or
employee.''.
TITLE VII--COMBATTING PROLIFERATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Combatting Proliferation
of Weapons of Mass Destruction Act of 1996''.
Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
SEC. 711. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be
known as the Commission to Assess the Organization of the
Federal Government to Combat the Proliferation of Weapons of
Mass Destruction (in this subtitle referred to as the
``Commission'').
(b) Membership.--The Commission shall be composed of eight
members of whom--
(1) four shall be appointed by the President;
(2) one shall be appointed by the Majority Leader of the
Senate;
(3) one shall be appointed by the Minority Leader of the
Senate;
(4) one shall be appointed by the Speaker of the House of
Representatives; and
(5) one shall be appointed by the Minority Leader of the
House of Representatives.
(c) Qualifications of Members.--(1) To the maximum extent
practicable, the individuals appointed as members of the
Commission shall be individuals who are nationally recognized
for expertise regarding--
(A) the nonproliferation of weapons of mass destruction;
(B) the efficient and effective implementation of United
States nonproliferation policy; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member if, in the judgment of
the official, the individual possesses any personal or
financial interest in the discharge of any of the duties of
the Commission.
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(e) Initial Meeting.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold its first meeting.
(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall
select a Chairman and Vice Chairman from among its members.
(h) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 712. DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall carry out a thorough
study of the organization of the Federal Government,
including the elements of the intelligence community, with
respect to combatting the proliferation of weapons of mass
destruction.
(2) Specific requirements.--In carrying out the study, the
Commission shall--
(A) assess the current structure and organization of the
departments and agencies of the Federal Government having
responsibilities for combatting the proliferation of weapons
of mass destruction; and
(B) assess the effectiveness of United States cooperation
with foreign governments with respect to nonproliferation
activities, including cooperation--
(i) between elements of the intelligence community and
elements of the intelligence-gathering services of foreign
governments;
(ii) between other departments and agencies of the Federal
Government and the counterparts to such departments and
agencies in foreign governments; and
(iii) between the Federal Government and international
organizations.
(3) Assessments.--In making the assessments under paragraph
(2), the Commission should address--
(A) the organization of the export control activities
(including licensing and enforcement activities) of the
Federal Government relating to the proliferation of weapons
of mass destruction;
(B) arrangements for coordinating the funding of United
States nonproliferation activities;
(C) existing arrangements governing the flow of information
among departments and agencies of the Federal Government
responsible for nonproliferation activities;
(D) the effectiveness of the organization and function of
interagency groups in ensuring implementation of United
States treaty obligations, laws, and policies with respect to
nonproliferation;
(E) the administration of sanctions for purposes of
nonproliferation, including the measures taken by departments
and agencies of the Federal Government to implement, assess,
and enhance the effectiveness of such sanctions;
(F) the organization, management, and oversight of United
States counterproliferation activities;
(G) the recruitment, training, morale, expertise,
retention, and advancement of Federal Government personnel
responsible for the nonproliferation functions of the Federal
Government, including any problems in such activities;
(H) the role in United States nonproliferation activities
of the National Security Council, the Office of Management
and Budget, the Office of Science and Technology Policy, and
other offices in the Executive Office of the President having
responsibilities for such activities;
(I) the organization of the activities of the Federal
Government to verify government-to-government assurances and
commitments with respect to nonproliferation, including
assurances regarding the future use of commodities exported
from the United States; and
(J) the costs and benefits to the United States of
increased centralization and of decreased centralization in
the administration of the nonproliferation activities of the
Federal Government.
(b) Recommendations.--In conducting the study, the
Commission shall develop recommendations on means of
improving the effectiveness of the organization of the
departments and agencies of the Federal Government in meeting
the national security interests of the United States with
respect to the proliferation of weapons of mass destruction.
Such recommendations shall include specific recommendations
to eliminate duplications of effort, and other
inefficiencies, in and among such departments and agencies.
(c) Report.--(1) Not later than 18 months after the date of
the enactment of this Act, the Commission shall submit to
Congress a report containing a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislation and administrative
actions as it considers appropriate.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 713. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the purposes of this subtitle.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department
[[Page 2262]]
or agency such information as the Commission considers
necessary to carry out the provisions of this subtitle. Upon
request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the
Commission.
(2) Classified information.--A department or agency may
furnish the Commission classified information under this
subsection. The Commission shall take appropriate actions to
safeguard classified information furnished to the Commission
under this paragraph.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 714. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 715. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on
which the Commission submits its report under section 712(c).
SEC. 716. DEFINITION.
For purposes of this subtitle, the term ``intelligence
community'' shall have the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 717. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of
members and employees of the Commission, and other expenses
of the Commission shall be paid out of funds available to the
Director of Central Intelligence for the payment of
compensation, travel allowances, and per diem allowances,
respectively, of employees of the Central Intelligence
Agency.
Subtitle B--Other Matters
SEC. 721. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO
WEAPONS OF MASS DESTRUCTION AND ADVANCED
CONVENTIONAL MUNITIONS.
(a) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the
Director of Central Intelligence shall submit to Congress a
report on--
(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology useful
for the development or production of weapons of mass
destruction (including nuclear weapons, chemical weapons, and
biological weapons) and advanced conventional munitions; and
(2) trends in the acquisition of such technology by such
countries.
(b) Form of Reports.--The reports submitted under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.
TITLE VIII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
SEC. 801. SHORT TITLE.
This title may be cited as the ``Intelligence Renewal and
Reform Act of 1996''.
SEC. 802. COMMITTEE ON FOREIGN INTELLIGENCE.
Section 101 of the National Security Act of 1947 (50 U.S.C.
402) is amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) There is established within the National Security
Council a committee to be known as the Committee on Foreign
Intelligence (in this subsection referred to as the
`Committee').
``(2) The Committee shall be composed of the following:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
``(E) Such other members as the President may designate.
``(3) The function of the Committee shall be to assist the
Council in its activities by--
``(A) identifying the intelligence required to address the
national security interests of the United States as specified
by the President;
``(B) establishing priorities (including funding
priorities) among the programs, projects, and activities that
address such interests and requirements; and
``(C) establishing policies relating to the conduct of
intelligence activities of the United States, including
appropriate roles and missions for the elements of the
intelligence community and appropriate targets of
intelligence collection activities.
``(4) In carrying out its function, the Committee shall--
``(A) conduct an annual review of the national security
interests of the United States;
``(B) identify on an annual basis, and at such other times
as the Council may require, the intelligence required to meet
such interests and establish an order of priority for the
collection and analysis of such intelligence; and
``(C) conduct an annual review of the elements of the
intelligence community in order to determine the success of
such elements in collecting, analyzing, and disseminating the
intelligence identified under subparagraph (B).
``(5) The Committee shall submit each year to the Council
and to the Director of Central Intelligence a comprehensive
report on its activities during the preceding year, including
its activities under paragraphs (3) and (4).''.
SEC. 803. ANNUAL REPORTS ON INTELLIGENCE.
(a) In General.--Section 109 of the National Security Act
of 1947 (50 U.S.C. 404d) is amended by striking out
subsections (a) and (b) and inserting in lieu thereof the
following new subsections:
``Sec. 109. (a) In General.--(1) Not later than January 31
each year, the President shall submit to the appropriate
congressional committees a report on the requirements of the
United States for intelligence and the activities of the
intelligence community.
``(2) The purpose of the report is to facilitate an
assessment of the activities of the intelligence community
during the preceding fiscal year and to assist in the
development of a mission and a budget for the intelligence
community for the fiscal year beginning in the year in which
the report is submitted.
``(3) The report shall be submitted in unclassified form,
but may include a classified annex.
``(b) Matters Covered.--(1) Each report under subsection
(a) shall--
``(A) specify the intelligence required to meet the
national security interests of the United States, and set
forth an order of priority for the collection and analysis of
intelligence required to meet such interests, for the fiscal
year beginning in the year in which the report is submitted;
and
``(B) evaluate the performance of the intelligence
community in collecting and analyzing intelligence required
to meet such interests during the fiscal year ending in the
year preceding the year in which the report is submitted,
including a description of the significant successes and
significant failures of the intelligence community in such
collection and analysis during that fiscal year.
``(2) The report shall specify matters under paragraph
(1)(A) in sufficient detail to assist Congress in making
decisions with respect to the allocation of resources for the
matters specified.
``(c) Definition.--In this section, the term `appropriate
congressional committees' means the following:
``(1) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Armed Services of the
Senate.
``(2) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on National
Security of the House of Representatives.''.
(b) Conforming Amendments.--(1) The section heading of such
section is amended to read as follows:
``annual report on intelligence''.
(2) The table of contents for Act is amended by striking
out the item relating to section 109 and inserting in lieu
thereof the following new item:
``Sec. 109. Annual report on intelligence.''.
SEC. 804. TRANSNATIONAL THREATS.
Section 101 of the National Security Act of 1947 (50 U.S.C.
402) is amended by inserting after subsection (h), as amended
by section 802 of this Act, the following new subsection:
``(i)(1) There is established within the National Security
Council a committee to be
[[Page 2263]]
known as the Committee on Transnational Threats (in this
subsection referred to as the `Committee').
``(2) The Committee shall include the following members:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(E) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
``(F) Such other members as the President may designate.
``(3) The function of the Committee shall be to coordinate
and direct the activities of the United States Government
relating to combatting transnational threats.
``(4) In carrying out its function, the Committee shall--
``(A) identify transnational threats;
``(B) develop strategies to enable the United States
Government to respond to transnational threats identified
under subparagraph (A);
``(C) monitor implementation of such strategies;
``(D) make recommendations as to appropriate responses to
specific transnational threats;
``(E) assist in the resolution of operational and policy
differences among Federal departments and agencies in their
responses to transnational threats;
``(F) develop policies and procedures to ensure the
effective sharing of information about transnational threats
among Federal departments and agencies, including law
enforcement agencies and the elements of the intelligence
community; and
``(G) develop guidelines to enhance and improve the
coordination of activities of Federal law enforcement
agencies and elements of the intelligence community outside
the United States with respect to transnational threats.
``(5) For purposes of this subsection, the term
`transnational threat' means the following:
``(A) Any transnational activity (including international
terrorism, narcotics trafficking, the proliferation of
weapons of mass destruction and the delivery systems for such
weapons, and organized crime) that threatens the national
security of the United States.
``(B) Any individual or group that engages in an activity
referred to in subparagraph (A).''.
SEC. 805. OVERALL MANAGEMENT OF CENTRAL INTELLIGENCE.
(a) Office of the Director of Central Intelligence.--Title
I of the National Security Act of 1947 (50 U.S.C. 402 et
seq.) is amended by striking out section 102 and inserting in
lieu thereof the following new section 102:
``office of the director of central intelligence
``Sec. 102. (a) Director of Central Intelligence.--There is
a Director of Central Intelligence who shall be appointed by
the President, by and with the advice and consent of the
Senate. The Director shall--
``(1) serve as head of the United States intelligence
community;
``(2) act as the principal adviser to the President for
intelligence matters related to the national security; and
``(3) serve as head of the Central Intelligence Agency.
``(b) Deputy Directors of Central Intelligence.--(1) There
is a Deputy Director of Central Intelligence who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(2) There is a Deputy Director of Central Intelligence
for Community Management who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(3) Each Deputy Director of Central Intelligence shall
have extensive national security expertise.
``(c) Military Status of Director and Deputy Directors.--
(1)(A) Not more than one of the individuals serving in the
positions specified in subparagraph (B) may be a commissioned
officer of the Armed Forces, whether in active or retired
status.
``(B) The positions referred to in subparagraph (A) are the
following:
``(i) The Director of Central Intelligence.
``(ii) The Deputy Director of Central Intelligence.
``(iii) The Deputy Director of Central Intelligence for
Community Management.
``(2) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals
serving in the positions specified in paragraph (1)(B)--
``(A) be a commissioned officer of the Armed Forces,
whether in active or retired status; or
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(3) A commissioned officer of the Armed Forces, while
serving in a position specified in paragraph (1)(B)--
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) shall not exercise, by reason of the officer's status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law;
and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the military department of that
officer.
``(4) Except as provided in subparagraph (A) or (B) of
paragraph (3), the appointment of an officer of the Armed
Forces to a position specified in paragraph (1)(B) shall not
affect the status, position, rank, or grade of such officer
in the Armed Forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of any such
status, position, rank, or grade.
``(5) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph
(1)(B), while serving in such position and while remaining on
active duty, shall continue to receive military pay and
allowances and shall not receive the pay prescribed for such
position. Funds from which such pay and allowances are paid
shall be reimbursed from funds available to the Director of
Central Intelligence.
``(d) Duties of Deputy Directors.--(1)(A) The Deputy
Director of Central Intelligence shall assist the Director of
Central Intelligence in carrying out the Director's
responsibilities under this Act.
``(B) The Deputy Director of Central Intelligence shall act
for, and exercise the powers of, the Director of Central
Intelligence during the Director's absence or disability or
during a vacancy in the position of the Director of Central
Intelligence.
``(2) The Deputy Director of Central Intelligence for
Community Management shall, subject to the direction of the
Director of Central Intelligence, be responsible for the
following:
``(A) Directing the operations of the Community Management
Staff.
``(B) Through the Assistant Director of Central
Intelligence for Collection, ensuring the efficient and
effective collection of national intelligence using technical
means and human sources.
``(C) Through the Assistant Director of Central
Intelligence for Analysis and Production, conducting
oversight of the analysis and production of intelligence by
elements of the intelligence community.
``(D) Through the Assistant Director of Central
Intelligence for Administration, performing community-wide
management functions of the intelligence community, including
the management of personnel and resources.
``(3)(A) The Deputy Director of Central Intelligence takes
precedence in the Office of the Director of Central
Intelligence immediately after the Director of Central
Intelligence.
``(B) The Deputy Director of Central Intelligence for
Community Management takes precedence in the Office of the
Director of Central Intelligence immediately after the Deputy
Director of Central Intelligence.
``(e) Office of the Director of Central Intelligence.--(1)
There is an Office of the Director of Central Intelligence.
The function of the Office is to assist the Director of
Central Intelligence in carrying out the duties and
responsibilities of the Director under this Act and to carry
out such other duties as may be prescribed by law.
``(2) The Office of the Director of Central Intelligence is
composed of the following:
``(A) The Director of Central Intelligence.
``(B) The Deputy Director of Central Intelligence.
``(C) The Deputy Director of Central Intelligence for
Community Management.
``(D) The National Intelligence Council.
``(E) The Assistant Director of Central Intelligence for
Collection.
``(F) The Assistant Director of Central Intelligence for
Analysis and Production.
``(G) The Assistant Director of Central Intelligence for
Administration.
``(H) Such other offices and officials as may be
established by law or the Director of Central Intelligence
may establish or designate in the Office.
``(3) To assist the Director in fulfilling the
responsibilities of the Director as head of the intelligence
community, the Director shall employ and utilize in the
Office of the Director of Central Intelligence a professional
staff having an expertise in matters relating to such
responsibilities and may establish permanent positions and
appropriate rates of pay with respect to that staff.''.
(b) Central Intelligence Agency.--Title I of the National
Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by
inserting after section 102, as amended by subsection (a),
the following new section:
``central intelligence agency
``Sec. 102A. There is a Central Intelligence Agency. The
function of the Agency shall be to assist the Director of
Central Intelligence in carrying out the responsibilities
referred to in paragraphs (1) through (5) of section 103(d)
of this Act.''.
(c) Clerical Amendment.--The table of contents for that Act
is amended by striking out the item relating to section 102
and inserting in lieu thereof the following new items:
``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 102A. Central Intelligence Agency.''.
SEC. 806. NATIONAL INTELLIGENCE COUNCIL.
Section 103(b) of the National Security Act of 1947 (50
U.S.C. 403-3(b)) is amended--
(1) in paragraph (1)(B), by inserting ``, or as contractors
of the Council or employees of such contractors,'' after ``on
the Council'';
(2) in paragraph (2)--
(A) by striking out ``and'' at the end of subparagraph (A);
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following new
subparagraph (B):
[[Page 2264]]
``(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the
requirements and resources of such collection and production;
and'';
(3) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(4) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Subject to the direction and control of the Director
of Central Intelligence, the Council may carry out its
responsibilities under this subsection by contract, including
contracts for substantive experts necessary to assist the
Council with particular assessments under this subsection.'';
and
(5) in paragraph (5), as so redesignated, by adding at the
end the following: ``The Council shall also be readily
accessible to policymaking officials and other appropriate
individuals not otherwise associated with the intelligence
community.''.
SEC. 807. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL
INTELLIGENCE TO MANAGE BUDGET, PERSONNEL, AND
ACTIVITIES OF INTELLIGENCE COMMUNITY.
(a) In General.--Section 103(c) of the National Security
Act of 1947 (50 U.S.C. 403-3(c)) is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph (1):
``(1) facilitate the development of an annual budget for
intelligence and intelligence-related activities of the
United States by--
``(A) developing and presenting to the President an annual
budget for the National Foreign Intelligence Program; and
``(B) participating in the development by the Secretary of
Defense of the annual budgets for the Joint Military
Intelligence Program and the Tactical Intelligence and
Related Activities Program;'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) approve collection requirements, determine collection
priorities, and resolve conflicts in collection priorities
levied on national collection assets, except as otherwise
agreed with the Secretary of Defense pursuant to the
direction of the President;''.
(b) Use of Funds.--Section 104(c) of the National Security
Act of 1947 (50 U.S.C. 403-4(c)) is amended by adding at the
end the following: ``The Secretary of Defense shall consult
with the Director of Central Intelligence before
reprogramming funds made available under the Joint Military
Intelligence Program.''.
(c) Periodic Reports on Expenditures.--Not later than
January 1, 1997, the Director of Central Intelligence and the
Secretary of Defense shall prescribe guidelines to ensure
prompt reporting to the Director and the Secretary on a
periodic basis of budget execution data for all national,
defense-wide, and tactical intelligence activities.
(d) Database Program Tracking.--Not later than January 1,
1999, the Director of Central Intelligence and the Secretary
of Defense shall develop and implement a database to provide
timely and accurate information on the amounts, purposes, and
status of the resources, including periodic budget execution
updates, for all national, defense-wide, and tactical
intelligence activities.
(e) Personnel, Training, and Administrative Activities.--
Not later than January 31 of each year through 1999, the
Director of Central Intelligence shall submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the policies and programs the
Director has instituted under subsection (f) of section 104
of the National Security Act of 1947.
SEC. 808. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING
TO THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.
Section 105 of the National Security Act of 1947 (50 U.S.C.
403-5) is amended--
(1) in subsection (a), by inserting ``, in consultation
with the Director of Central Intelligence,'' after
``Secretary of Defense'' in the matter preceding paragraph
(1); and
(2) by adding at the end the following:
``(d) Annual Evaluation of the Director of Central
Intelligence.--The Director of Central Intelligence, in
consultation with the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff, shall submit each year to the
Committee on Foreign Intelligence of the National Security
Council and the appropriate congressional committees (as
defined in section 109(c) of this Act) an evaluation of the
performance and the responsiveness of the National Security
Agency, the National Reconnaissance Office, and the National
Imagery and Mapping Agency in meeting their national
missions.''.
SEC. 809. IMPROVEMENT OF INTELLIGENCE COLLECTION.
(a) Assistant Director of Central Intelligence for
Collection.--Section 102 of the National Security Act of
1947, as amended by section 805(a) of this Act, is further
amended by adding at the end the following:
``(f) Assistant Director of Central Intelligence for
Collection.--(1) To assist the Director of Central
Intelligence in carrying out the Director's responsibilities
under this Act, there shall be an Assistant Director of
Central Intelligence for Collection who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) The Assistant Director for Collection shall assist
the Director of Central Intelligence in carrying out the
Director's collection responsibilities in order to ensure the
efficient and effective collection of national
intelligence.''.
(b) Consolidation of Human Intelligence Collection
Activities.--Not later than 90 days after the date of the
enactment of this Act, the Director of Central Intelligence
and the Deputy Secretary of Defense shall jointly submit to
the Committee on Armed Services and the Select Committee on
Intelligence of the Senate and the Committee on National
Security and the Permanent Select Committee on Intelligence
of the House of Representatives a report on the ongoing
efforts of those officials to achieve commonality,
interoperability, and, where practicable, consolidation of
the collection of clandestine intelligence from human sources
conducted by the Defense Human Intelligence Service of the
Department of Defense and the Directorate of Operations of
the Central Intelligence Agency.
SEC. 810. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF
INTELLIGENCE.
Section 102 of the National Security Act of 1947, as
amended by section 809(a) of this Act, is further amended by
adding at the end the following:
``(g) Assistant Director of Central Intelligence for
Analysis and Production.--(1) To assist the Director of
Central Intelligence in carrying out the Director's
responsibilities under this Act, there shall be an Assistant
Director of Central Intelligence for Analysis and Production
who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Assistant Director for Analysis and Production
shall--
``(A) oversee the analysis and production of intelligence
by the elements of the intelligence community;
``(B) establish standards and priorities relating to such
analysis and production;
``(C) monitor the allocation of resources for the analysis
and production of intelligence in order to identify
unnecessary duplication in the analysis and production of
intelligence;
``(D) identify intelligence to be collected for purposes of
the Assistant Director of Central Intelligence for
Collection; and
``(E) provide such additional analysis and production of
intelligence as the President and the National Security
Council may require.''.
SEC. 811. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE
ACTIVITIES.
Section 102 of the National Security Act of 1947, as
amended by section 810 of this Act, is further amended by
adding at the end the following:
``(h) Assistant Director of Central Intelligence for
Administration.--(1) To assist the Director of Central
Intelligence in carrying out the Director's responsibilities
under this Act, there shall be an Assistant Director of
Central Intelligence for Administration who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(2) The Assistant Director for Administration shall
manage such activities relating to the administration of the
intelligence community as the Director of Central
Intelligence shall require.''.
SEC. 812. PAY LEVEL OF DEPUTY DIRECTOR OF CENTRAL
INTELLIGENCE FOR COMMUNITY MANAGEMENT AND
ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.
(a) Executive Schedule III Pay Level.--Section 5314 of
title 5, United States Code, is amended by striking out item
the relating to the Deputy Director of Central Intelligence
and inserting in lieu thereof the following:
``Deputy Directors of Central Intelligence (2).''.
(b) Executive Schedule IV Pay Level.--Section 5315 of title
5, United States Code, is amended by adding at the end the
following:
``Assistant Directors of Central Intelligence (3).''.
SEC. 813. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--The Central Intelligence Agency Act of
1949 (50 U.S.C. 403a et seq.) is amended by adding at the end
the following:
``general counsel of the central intelligence agency
``Sec. 20. (a) There is a General Counsel of the Central
Intelligence Agency, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
``(b) The General Counsel is the chief legal officer of the
Central Intelligence Agency.
``(c) The General Counsel of the Central Intelligence
Agency shall perform such functions as the Director of
Central Intelligence may prescribe.''.
(b) Applicability of Appointment Requirements.--The
requirement established by section 20 of the Central
Intelligence Agency Act of 1949, as added by subsection (a),
for the appointment by the President, by and with the advice
and consent of the Senate, of an individual to the position
of General Counsel of the Central Intelligence Agency shall
apply as follows:
(1) To any vacancy in such position that occurs after the
date of the enactment of this Act.
(2) To the incumbent serving in such position on the date
of the enactment of this Act as of the date that is six
months after such date of enactment, if such incumbent has
served in such position continuously between such date of
enactment and the date that is six months after such date of
enactment.
(c) Executive Schedule IV Pay Level.--Section 5315 of title
5, United States Code, as
[[Page 2265]]
amended by section 812 of this Act, is further amended by
adding at the end the following:
``General Counsel of the Central Intelligence Agency.''.
SEC. 814. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY
INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 105 the following new section:
``assistance to united states law enforcement agencies
``Sec. 105A. (a) Authority To Provide Assistance.--Subject
to subsection (b), elements of the intelligence community
may, upon the request of a United States law enforcement
agency, collect information outside the United States about
individuals who are not United States persons. Such elements
may collect such information notwithstanding that the law
enforcement agency intends to use the information collected
for purposes of a law enforcement investigation or
counterintelligence investigation.
``(b) Limitation on Assistance by Elements of Department of
Defense.--(1) With respect to elements within the Department
of Defense, the authority in subsection (a) applies only to
the following:
``(A) The National Security Agency.
``(B) The National Reconnaissance Office.
``(C) The National Imagery and Mapping Agency.
``(D) The Defense Intelligence Agency.
``(2) Assistance provided under this section by elements of
the Department of Defense may not include the direct
participation of a member of the Army, Navy, Air Force, or
Marine Corps in an arrest or similar activity.
``(3) Assistance may not be provided under this section by
an element of the Department of Defense if the provision of
such assistance will adversely affect the military
preparedness of the United States.
``(4) The Secretary of Defense shall prescribe regulations
governing the exercise of authority under this section by
elements of the Department of Defense, including regulations
relating to the protection of sources and methods in the
exercise of such authority.
``(c) Definitions.--For purposes of subsection (a):
``(1) The term `United States law enforcement agency' means
any department or agency of the Federal Government that the
Attorney General designates as law enforcement agency for
purposes of this section.
``(2) The term `United States person' means the following:
``(A) A United States citizen.
``(B) An alien known by the intelligence agency concerned
to be a permanent resident alien.
``(C) An unincorporated association substantially composed
of United States citizens or permanent resident aliens.
``(D) A corporation incorporated in the United States,
except for a corporation directed and controlled by a foreign
government or governments.''.
(b) Clerical Amendment.--The table of contents for that Act
is amended by inserting after the item relating to section
105 the following new item:
``Sec. 105A. Assistance to United States law enforcement agencies.''.
SEC. 815. APPOINTMENT OF OFFICIALS RESPONSIBLE FOR
INTELLIGENCE-RELATED ACTIVITIES.
(a) In General.--Section 106 of the National Security Act
of 1947 (50 U.S.C. 403-6) is amended to read as follows:
``appointment of officials responsible for intelligence-related
activities
``Sec. 106. (a) Concurrence of DCI in Certain
Appointments.--(1) In the event of a vacancy in a position
referred to in paragraph (2), the Secretary of Defense shall
obtain the concurrence of the Director of Central
Intelligence before recommending to the President an
individual for appointment to the position. If the Director
does not concur in the recommendation, the Secretary may make
the recommendation to the President without the Director's
concurrence, but shall include in the recommendation a
statement that the Director does not concur in the
recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.
``(b) Consultation with DCI in Certain Appointments.--(1)
In the event of a vacancy in a position referred to in
paragraph (2), the head of the department or agency having
jurisdiction over the position shall consult with the
Director of Central Intelligence before appointing an
individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Secretary of State for Intelligence and
Research.
``(C) The Director of the Office of Nonproliferation and
National Security of the Department of Energy.
``(3) In the event of a vacancy in the position of the
Assistant Director, National Security Division of the Federal
Bureau of Investigation, the Director of the Federal Bureau
of Investigation shall provide timely notice to the Director
of Central Intelligence of the recommendation of the Director
of the Federal Bureau of Investigation of an individual to
fill the position in order that the Director of Central
Intelligence may consult with the Director of the Federal
Bureau of Investigation before the Attorney General appoints
an individual to fill the vacancy.''.
(b) Clerical Amendment.--The table of contents for that Act
is amended by striking out the item relating to section 106
and inserting in lieu thereof the following new item:
``Sec. 106. Appointment of officials responsible for intelligence-
related activities.''.
SEC. 816. STUDY ON THE FUTURE OF INTELLIGENCE COLLECTION.
(a) Study.--The Director of Central Intelligence shall, in
consultation with the Deputy Secretary of Defense, conduct a
study on the future of intelligence collection. The study
shall address whether collection resources can be managed in
a more consolidated, integrated manner. The study is not
limited to, but should include, specific examination of the
following:
(1) Establishing within the Intelligence Community a single
agency with responsibility for--
(A) the clandestine collection of intelligence through
human sources and other clandestine techniques;
(B) covert action; and
(C) representing the Director of Central Intelligence in
liaison with foreign intelligence and security services.
(2) Establishing a single agency for the conduct of
technical intelligence collection activities, including--
(A) signals intelligence (SIGINT), imagery intelligence
(IMINT), and measurement and signatures intelligence
(MASINT);
(B) first-phase (or initial) exploitation of the results of
such collection;
(C) dissemination of such collection in a timely manner;
(D) development of processing and exploitation technologies
to support these functions; and
(E) serving as the sole agent within the Intelligence
Community for--
(i) the specification of technical requirements for such
reconnaissance systems as may be needed to meet the signals
intelligence, imagery intelligence, and measurement and
signatures intelligence collection requirements of the
Intelligence Community; and
(ii) the operation and final disposition of such systems.
(3) Establishing a single agency--
(A) to serve as the sole agent within the Intelligence
Community for the conduct of research, development, test, and
evaluation, for procurement, and for launch of satellite
reconnaissance systems that may be required to satisfy the
intelligence collection requirements of the Intelligence
Community; and
(B) to serve as the primary agent within the Intelligence
Community for the conduct of research, development, test,
evaluation and for procurement of reconnaissance,
surveillance, and sensor systems, including airborne and
maritime reconnaissance capabilities within the National
Foreign Intelligence Program and the Joint Military
Intelligence Program.
(b) Criteria.--The study under subsection (a) shall--
(1) take into account current and future technological
capabilities and intelligence requirements;
(2) take into account the costs and benefits associated
with establishing each of the agencies described in
paragraphs (1) through (3) of subsection (a) as well as the
costs and benefits of maintaining the current system of
distinct ``collection stovepipes''; and
(3) examine establishing each of the agencies described in
paragraphs (1) through (3) of subsection (a) both on their
individual merits and also with a view toward having such
agencies co-exist as an entire new organizational structure.
(c) Report.--Not later than April 15, 1997, the Director of
Central Intelligence shall submit a report on the study to
the following:
(1) The President.
(2) The Secretary of Defense,
(3) The Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
(4) The Permanent Select Committee on Intelligence and the
Committee on National Security of the House of
Representatives.
SEC. 817. INTELLIGENCE RESERVE CORPS.
(a) Report on Corps.--Not later than four months after the
date of the enactment of this Act, the Director of Central
Intelligence shall submit to the appropriate committees of
Congress a report on the Surge Augmentation Program to
provide for an Intelligence Reserve Corps to serve as a surge
or augmentation resource for the Intelligence Community. The
report shall include such recommendations for legislation as
the Director considers appropriate.
(b) Appropriate Committees Defined.--In this section, the
term ``appropriate committees of Congress'' means the
following:
(1) The Committee on Governmental Affairs and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Government Reform and Oversight and
the Permanent Select Committee on Intelligence of the House
of Representatives.
[[Page 2266]]
TITLE IX--FINANCIAL MATTERS
SEC. 901. AUTHORIZATION OF FUNDING PROVIDED BY 1996
SUPPLEMENTAL APPROPRIATIONS ACT.
Amounts obligated or expended for intelligence or
intelligence-related activities based on and otherwise in
accordance with the appropriations provided by the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), including any such obligations or
expenditures occurring before the enactment of this Act,
shall be deemed to have been specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) and are hereby ratified and
confirmed.
And the Senate agree to the same.
From the Permanent Select Committee on Intelligence, for
consideration of the House bill and the Senate amendment, and
modifications committed to the conference:
Larry Combest,
Robert K. Dornan,
Bill Young,
James V. Hansen,
Jerry Lewis,
Porter J. Goss,
Bud Shuster,
Bill McCollum,
Michael N. Castle,
Norman D. Dicks,
Bill Richardson,
Julian C. Dixon,
Robert Torricelli,
Ronald D. Coleman,
David Skaggs,
Nancy Pelosi,
From the Committee on National Security, for consideration
of defense tactical intelligence and related agencies:
Bob Stump,
Floyd Spence,
Managers on the Part of the House.
Arlen Specter,
Dick Lugar,
Richard Shelby,
Mike DeWine,
Jon Kyl,
J.M. Inhofe,
Kay Bailey Hutchison,
Bill Cohen,
Hank Brown,
Bob Kerrey,
John Glenn,
Richard H. Bryan,
Bob Graham,
John F. Kerry,
Max Baucus,
J. Bennett Johnston,
Charles S. Robb,
From the Committee on Armed Services:
Strom Thurmond,
Sam Nunn,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
On motion of Mr. COMBEST, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.114.12 waiving points of order against the conference report to
accompany h.r. 2202
Mr. DREIER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 528):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 2202) to amend the Immigration and Nationality Act
to improve deterrence of illegal immigration to the United
States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes. All
points of order against the conference report and against its
consideration are waived. The conference report shall be
considered as read.
When said resolution was considered.
After debate,
On motion of Mr. DREIER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. CAMP, announced that the yeas had it.
Mr. BEILENSON objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
254
When there appeared
<3-line {>
Nays
165
para.114.13 [Roll No. 430]
YEAS--254
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Eshoo
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
Zimmer
NAYS--165
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Berman
Bishop
Blumenauer
Bonior
Borski
Brewster
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Geren
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
NOT VOTING--14
Barton
Diaz-Balart
Gibbons
Heineman
Lincoln
Mascara
Moran
Peterson (FL)
Pomeroy
Rohrabacher
Rose
Williams
Wilson
Young (FL)
[[Page 2267]]
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.114.14 immigration and nationality
Mr. SMITH of Texas, pursuant to House Resolution 528, called up the
following conference report (Rept. No. 104-828):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2202), to amend the Immigration and Nationality Act to
improve deterrence of illegal immigration to the United
States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and
for document fraud, by reforming exclusion and deportation
law and procedures, by improving the verification system for
the eligibility for employment, and through other measures,
to reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT; APPLICATION OF DEFINITIONS OF
SUCH ACT; TABLE OF CONTENTS; SEVERABILITY.
(a) Short Title.--This Act may be cited as the ``Illegal
Immigration Reform and Immigrant Responsibility Act of
1996''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided--
(1) whenever in this Act an amendment or repeal is
expressed as the amendment or repeal of a section or other
provision, the reference shall be considered to be made to
that section or provision in the Immigration and Nationality
Act; and
(2) amendments to a section or other provision are to such
section or other provision before any amendment made to such
section or other provision elsewhere in this Act.
(c) Application of Certain Definitions.--Except as
otherwise specifically provided in this Act, for purposes of
titles I and VI of this Act, the terms ``alien'', ``Attorney
General'', ``border crossing identification card'',
``entry'', ``immigrant'', ``immigrant visa'', ``lawfully
admitted for permanent residence'', ``national'',
``naturalization'', ``refugee'', ``State'', and ``United
States'' shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act.
(d) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
application of definitions of such Act; table of
contents.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration
checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol
positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.
Subtitle B--Facilitation of Legal Entry
Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent
documents.
Sec. 125. Preclearance authority.
Subtitle C--Interior Enforcement
Sec. 131. Authorization of appropriations for increase in number of
certain investigators.
Sec. 132. Authorization of appropriations for increase in number of
investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration
enforcement.
Sec. 134. Minimum State INS presence.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B--Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document
fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer
of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which
fails to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Sec. 301. Treating persons present in the United States without
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible
arriving aliens; referral for hearing (revised section
235).
Sec. 303. Apprehension and detention of aliens not lawfully in the
United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment
of status; voluntary departure (revised and new sections
239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section
241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions;
additional conforming amendments.
Sec. 309. Effective dates; transition.
Subtitle B--Criminal Alien Provisions
Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance
program.
Sec. 329. Demonstration project for identification of illegal aliens in
incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit
an offense under the Controlled Substances Import and
Export Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry,
and passport and visa fraud.
Subtitle C--Revision of Grounds for Exclusion and Deportation
Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false
documentation to terrorists as a basis for exclusion from
the United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain
section 274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for
certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for
deportation.
Sec. 351. Clarification of date as of which relationship required for
waiver from exclusion or deportation for smuggling.
[[Page 2268]]
Sec. 352. Exclusion of former citizens who renounced citizenship to
avoid United States taxation.
Sec. 353. References to changes elsewhere in Act.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorists organizations.
Sec. 356. Standard for judicial review of terrorist organization
designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.
Subtitle E--Transportation of Aliens
Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.
Subtitle F--Additional Provisions
Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the
Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention
space.
Sec. 387. Pilot program on use of closed military bases for the
detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.
Subtitle B--Other Provisions Relating to Employer Sanctions
Sec. 411. Limiting liability for certain technical violations of
paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions
program.
Sec. 413. Report on additional authority or resources needed for
enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.
Subtitle C--Unfair Immigration-Related Employment Practices
Sec. 421. Treatment of certain documentary practices as unfair
immigration-related employment practices.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 500. Statements of national policy concerning public benefits and
immigration.
Subtitle A--Ineligibility of Excludable, Deportable, and Nonimmigrant
Aliens From Public Assistance and Benefits
Sec. 501. Means-tested public benefits.
Sec. 502. Grants, contracts, and licenses.
Sec. 503. Unemployment benefits.
Sec. 504. Social security benefits.
Sec. 505. Requiring proof of identity for certain public assistance.
Sec. 506. Authorization for States to require proof of eligibility for
State programs.
Sec. 507. Limitation on eligibility for preferential treatment of
aliens not lawfully present on basis of residence for
higher education benefits.
Sec. 508. Verification of student eligibility for postsecondary Federal
student financial assistance.
Sec. 509. Verification of immigration status for purposes of social
security and higher educational assistance.
Sec. 510. No verification requirement for nonprofit charitable
organizations.
Sec. 511. GAO study of provision of means-tested public benefits to
ineligible aliens on behalf of eligible individuals.
Subtitle B--Expansion of Disqualification From Immigration Benefits on
the Basis of Public Charge
Sec. 531. Ground for exclusion.
Sec. 532. Ground for deportation.
Subtitle C--Affidavits of Support and Attribution of Income
Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Attribution of sponsor's income and resources to sponsored
immigrants.
Sec. 553. Attribution of sponsor's income and resources authority for
State and local governments.
Sec. 554. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among
classes of aliens in providing general cash public
assistance.
Subtitle D--Miscellaneous Provisions
Sec. 561. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department or agency to
facilitate benefit fraud by an unlawful alien.
Sec. 562. Computation of targeted assistance.
Sec. 563. Treatment of expenses subject to emergency medical services
exception.
Sec. 564. Reimbursement of States and localities for emergency
ambulance services.
Sec. 565. Pilot programs to require bonding.
Sec. 566. Reports.
Subtitle E--Housing Assistance
Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for
financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 576. Regulations.
Sec. 577. Report on housing assistance programs.
Subtitle F--General Provisions
Sec. 591. Effective dates.
Sec. 592. Statutory construction.
Sec. 593. Not applicable to foreign assistance.
Sec. 594. Notification.
Sec. 595. Definitions.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
Sec. 601. Persecution for resistance to coercive population control
methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide
numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker
information.
Sec. 624. Continued validity of labor certifications and classification
petitions for professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents
killed in the line of duty.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the
1995 diversity immigrant program.
Subtitle D--Other Provisions
Sec. 641. Program to collect information relating to nonimmigrant
foreign students.
Sec. 642. Communication between government agencies and the Immigration
and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian
parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products;
requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative
building.
[[Page 2269]]
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs
agents.
Sec. 655. Sense of Congress on discriminatory application of New
Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social
Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the
Immigration and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of
certain aliens.
Subtitle E--Technical Corrections
Sec. 671. Miscellaneous technical corrections.
(e) Severability.--If any provision of this Act or the
application of such provision to any person or circumstances
is held to be unconstitutional, the remainder of this Act and
the application of the provisions of this Act to any person
or circumstance shall not be affected thereby.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of
positions for full-time, active-duty border patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(b) Increase in Border Patrol Support Personnel.--The
Attorney General, in each of fiscal years 1997, 1998, 1999,
2000, and 2001, may increase by 300 the number of positions
for personnel in support of border patrol agents above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(c) Deployment of Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
additional border patrol agents shall be deployed among
Immigration and Naturalization Service sectors along the
border in proportion to the level of illegal crossing of the
borders of the United States measured in each sector during
the preceding fiscal year and reasonably anticipated in the
next fiscal year.
(d) Forward Deployment.--
(1) In general.--The Attorney General shall forward deploy
existing border patrol agents in those areas of the border
identified as areas of high illegal entry into the United
States in order to provide a uniform and visible deterrent to
illegal entry on a continuing basis. The previous sentence
shall not apply to border patrol agents located at
checkpoints.
(2) Preservation of law enforcement functions and
capabilities in interior states.--The Attorney General shall,
when deploying border patrol personnel from interior stations
to border stations, coordinate with, and act in conjunction
with, State and local law enforcement agencies to ensure that
such deployment does not degrade or compromise the law
enforcement capabilities and functions currently performed at
interior border patrol stations.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of
Representatives and of the Senate a report on--
(A) the progress and effectiveness of the forward
deployment under paragraph (1); and
(B) the measures taken to comply with paragraph (2).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall
take such actions as may be necessary to install additional
physical barriers and roads (including the removal of
obstacles to detection of illegal entrants) in the vicinity
of the United States border to deter illegal crossings in
areas of high illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a), the
Attorney General shall provide for the construction along the
14 miles of the international land border of the United
States, starting at the Pacific Ocean and extending eastward,
of second and third fences, in addition to the existing
reinforced fence, and for roads between the fences.
(2) Prompt acquisition of necessary easements.--The
Attorney General, acting under the authority conferred in
section 103(b) of the Immigration and Nationality Act (as
inserted by subsection (d)), shall promptly acquire such
easements as may be necessary to carry out this subsection
and shall commence construction of fences immediately
following such acquisition (or conclusion of portions
thereof).
(3) Safety features.--The Attorney General, while
constructing the additional fencing under this subsection,
shall incorporate such safety features into the design of the
fence system as are necessary to ensure the well-being of
border patrol agents deployed within or in near proximity to
the system.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines
necessary to ensure expeditious construction of the barriers
and roads under this section.
(d) Land Acquisition Authority.--
(1) In general.--Section 103 (8 U.S.C. 1103) is amended--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
``(b)(1) The Attorney General may contract for or buy any
interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the
Attorney General deems the land essential to control and
guard the boundaries and borders of the United States against
any violation of this Act.
``(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and
the Attorney General considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may
commence condemnation proceedings pursuant to the Act of
August 1, 1888 (Chapter 728; 25 Stat. 357).
``(4) The Attorney General may accept for the United States
a gift of any interest in land identified pursuant to
paragraph (1).''.
(2) Conforming amendment.--Section 103(e) (as so
redesignated by paragraph (1)(A)) is amended by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and use, for
the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night
vision scopes, and sensor units) determined available for
transfer by any other agency of the Federal Government upon
request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such
regulations shall provide that (A) each such document include
a biometric identifier (such as the fingerprint or handprint
of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not
permitted to cross over the border into the United States
unless the biometric identifier contained on the card matches
the appropriate biometric characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause a.--Clause (A) of the sentence added by the
amendment made by subsection (a) shall apply to documents
issued on or after 18 months after the date of the enactment
of this Act.
(2) Clause b.--Clause (B) of such sentence shall apply to
cards presented on or after 3 years after the date of the
enactment of this Act.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of--
``(1) at least $50 and not more than $250 for each such
entry (or attempted entry); or
``(2) twice the amount specified in paragraph (1) in the
case of an alien who has been previously subject to a civil
penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that
may be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall complete a review of all prescreening and
hiring standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards
to ensure that they are consistent with relevant standards of
professionalism.
(b) Certification.--At the conclusion of each of fiscal
years 1997, 1998, 1999, 2000, and
[[Page 2270]]
2001, the Attorney General shall certify in writing to the
Committees on the Judiciary of the House of Representatives
and of the Senate that all personnel hired by the
Commissioner of Immigration and Naturalization for such
fiscal year were hired pursuant to the appropriate standards,
as revised under subsection (a).
(c) Review of Training Standards.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall complete a
review of the sufficiency of all training standards used by
the Commissioner of Immigration and Naturalization.
(2) Report.--
(A) In general.--Not later than 90 days after the
completion of the review under paragraph (1), the Attorney
General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the review, including--
(i) a description of the status of efforts to update and
improve training throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such efforts are expected to be
completed.
(B) Areas requiring future review.--The report shall
disclose those areas of training that the Attorney General
determines require further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United
States to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the activities undertaken under subsection
(a) during the previous year. Each such report shall include
an analysis of the degree to which the Attorney General's
strategy has been effective in reducing illegal entry. Each
such report shall include a collection and systematic
analysis of data, including workload indicators, related to
activities to deter illegal entry and recommendations to
improve and increase border security at the border and ports
of entry.
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM
IMMIGRATION CHECKPOINTS.
(a) Findings.--The Congress finds as follows:
(1) Immigration checkpoints are an important component of
the national strategy to prevent illegal immigration.
(2) Individuals fleeing immigration checkpoints and leading
law enforcement officials on high speed vehicle chases
endanger law enforcement officers, innocent bystanders, and
the fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration checkpoints
is complicated by overlapping jurisdiction among Federal,
State, and local law enforcement officers.
(b) High Speed Flight from Immigration Checkpoints.--
(1) In general.--Chapter 35 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service, or any other Federal
law enforcement agency, in a motor vehicle and flees Federal,
State, or local law enforcement agents in excess of the legal
speed limit shall be fined under this title, imprisoned not
more than five years, or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 757 the following:
``758. High speed flight from immigration checkpoint.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8
U.S.C. 1251(a)(2)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
``(iv) High speed flight.--Any alien who is convicted of a
violation of section 758 of title 18, United States Code,
(relating to high speed flight from an immigration
checkpoint) is deportable.''; and
(3) in clause (v) (as so redesignated by paragraph (1)), by
striking ``and (iii)'' and inserting ``(iii), and (iv)''.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the
Secretary of the Treasury, and appropriate representatives of
the air transport industry, shall jointly undertake a study
to develop a plan for making the transition to automated data
collection at ports of entry.
(b) Report.--Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the outcome of the joint initiative under
subsection (a), noting specific areas of agreement and
disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall develop an
automated entry and exit control system that will--
(1) collect a record of departure for every alien departing
the United States and match the records of departure with the
record of the alien's arrival in the United States; and
(2) enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants
who remain in the United States beyond the period authorized
by the Attorney General.
(b) Report.--
(1) Deadline.--Not later than December 31 of each year
following the development of the system under subsection (a),
the Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives
and of the Senate on such system.
(2) Information.--The report shall include the following
information:
(A) The number of departure records collected, with an
accounting by country of nationality of the departing alien.
(B) The number of departure records that were successfully
matched to records of the alien's prior arrival in the United
States, with an accounting by the alien's country of
nationality and by the alien's classification as an immigrant
or nonimmigrant.
(C) The number of aliens who arrived as nonimmigrants, or
as a visitor under the visa waiver program under section 217
of the Immigration and Nationality Act, for whom no matching
departure record has been obtained through the system or
through other means as of the end of the alien's authorized
period of stay, with an accounting by the alien's country of
nationality and date of arrival in the United States.
(c) Use of Information on Overstays.--Information regarding
aliens who have remained in the United States beyond their
authorized period of stay identified through the system shall
be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State,
including those used at ports of entry and at consular
offices.
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER
PATROL POSITIONS FROM INTERIOR STATIONS.
Not later than November 30, 1996, the Attorney General
shall submit to the Committees on the Judiciary of the House
of Representatives and of the Senate a final plan regarding
the redeployment of border patrol personnel from interior
locations to the front lines of the border. The final plan
shall be consistent with the following:
(1) The preliminary plan regarding such redeployment
submitted by the Attorney General on May 17, 1996, to the
Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate.
(2) The direction regarding such redeployment provided in
the joint explanatory statement of the committee of
conference in the conference report to accompany the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134).
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional
sums as may be necessary to ensure that the ``IDENT'' program
(operated by the Immigration and Naturalization Service) is
expanded to apply to illegal or criminal aliens apprehended
nationwide.
Subtitle B--Facilitation of Legal Entry
SEC. 121. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough
inspection of persons and vehicles lawfully attempting to
enter the United States, the Attorney General and the
Secretary of the Treasury each shall increase, by
approximately equal numbers in each of fiscal years 1997 and
1998, the number of full-time land border inspectors assigned
to active duty by the Immigration and Naturalization Service
and the United States Customs Service to a level adequate to
assure full staffing during peak crossing hours of all border
crossing lanes currently in use, under construction, or whose
construction has been authorized by the Congress, except such
low-use lanes as the Attorney General may designate.
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT
PROJECTS.
(a) Extension of Land Border Inspection Project Authority;
Establishment of Automated Permit Pilot Projects.--Section
286(q) is amended--
(1) by striking the matter preceding paragraph (2) and
inserting the following:
``(q) Land Border Inspection Fee Account.--(1)(A)(i)
Notwithstanding any other provision of law, the Attorney
General is authorized to establish, by regulation, not more
than 6 projects under which a fee may be charged and
collected for inspection services provided at one or more
land border points of entry. Such projects may include the
establishment of commuter lanes to be made available to
qualified United States citizens and aliens, as determined by
the Attorney General.
``(ii) The program authorized in this subparagraph shall
terminate on September 30, 2000, unless further authorized by
an Act of Congress.
[[Page 2271]]
``(iii) This subparagraph shall take effect, with respect
to any project described in clause (1) that was not
authorized to be commenced before the date of the enactment
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, 30 days after submission of a
written plan by the Attorney General detailing the proposed
implementation of such project.
``(iv) The Attorney General shall prepare and submit on a
quarterly basis, until September 30, 2000, a status report on
each land border inspection project implemented under this
subparagraph.
``(B) The Attorney General, in consultation with the
Secretary of the Treasury, may conduct pilot projects to
demonstrate the use of designated ports of entry after
working hours through the use of card reading machines or
other appropriate technology.''; and
(2) by striking paragraph (5).
(b) Conforming amendment.--The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161)
is amended by striking the fourth proviso under the heading
``Immigration and Naturalization Service, Salaries and
Expenses''.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--
``(1) New stations.--Subject to paragraph (5), not later
than October 31, 1998, the Attorney General, in consultation
with the Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure for
the greatest numbers of inadmissible alien passengers who
arrive from abroad by air at ports of entry within the United
States. Such preinspection stations shall be in addition to
any preinspection stations established prior to the date of
the enactment of such Act.
``(2) Report.--Not later than October 31, 1998, the
Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the implementation of paragraph (1).
``(3) Data collection.--Not later than November 1, 1997,
and each subsequent November 1, the Attorney General shall
compile data identifying--
``(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States
ports of entry without valid documentation during the
preceding fiscal years;
``(B) the number and nationality of such aliens arriving
from each such foreign airport; and
``(C) the primary routes such aliens followed from their
country of origin to the United States.
``(4) Additional stations.--Subject to paragraph (5), not
later than October 31, 2000, the Attorney General, in
consultation with the Secretary of State, shall establish
preinspection stations in at least 5 additional foreign
airports which the Attorney General, in consultation with the
Secretary of State, determines, based on the data compiled
under paragraph (3) and such other information as may be
available, would most effectively reduce the number of aliens
who arrive from abroad by air at points of entry within the
United States who are inadmissible to the United States. Such
preinspection stations shall be in addition to those
established prior to the date of the enactment of such Act or
pursuant to paragraph (1).
``(5) Conditions.--Prior to the establishment of a
preinspection station, the Attorney General, in consultation
with the Secretary of State, shall ensure that--
``(A) employees of the United States stationed at the
preinspection station and their accompanying family members
will receive appropriate protection;
``(B) such employees and their families will not be subject
to unreasonable risks to their welfare and safety; and
``(C) the country in which the preinspection station is to
be established maintains practices and procedures with
respect to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at
Geneva, July 28, 1951), or the Protocol Relating to the
Status of Refugees (done at New York, January 31, 1967), or
that an alien in the country otherwise has recourse to
avenues of protection from return to persecution.
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent
documents at foreign airports which, based on the records
maintained pursuant to subsection (a)(3), served as a point
of departure for a significant number of arrivals at United
States ports of entry without valid documentation, but where
no preinspection station exists.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 235 the
following:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF
FRAUDULENT DOCUMENTS.
(a) Use of Funds.--
(1) In general.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(A) in clause (iv), by inserting ``, including training of,
and technical assistance to, commercial airline personnel
regarding such detection'' after ``United States''; and
(B) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of the
total of the expenses incurred that are described in the
previous sentence.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to expenses incurred during or after fiscal year
1997.
(b) Compliance With Detection Regulations.--
(1) In general.--Section 212(f) (8 U.S.C. 1182(f)) is
amended by adding at the end the following: ``Whenever the
Attorney General finds that a commercial airline has failed
to comply with regulations of the Attorney General relating
to requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United States
(including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline.''.
(2) Deadline.--The Attorney General shall first issue, in
proposed form, regulations referred to in the second sentence
of section 212(f) of the Immigration and Nationality Act, as
added by the amendment made by paragraph (1), not later than
90 days after the date of the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality Act (8
U.S.C. 1103(a)) is amended by adding at the end the
following:
``After consultation with the Secretary of State, the
Attorney General may authorize officers of a foreign country
to be stationed at preclearance facilities in the United
States for the purpose of ensuring that persons traveling
from or through the United States to that foreign country
comply with that country's immigration and related laws.
Those officers may exercise such authority and perform such
duties as United States immigration officers are authorized
to exercise and perform in that foreign country under
reciprocal agreement, and they shall enjoy such reasonable
privileges and immunities necessary for the performance of
their duties as the government of their country extends to
United States immigration officers.''.
Subtitle C--Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF CERTAIN INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated
such funds as may be necessary to enable the Commissioner of
Immigration and Naturalization to increase the number of
investigators and support personnel to investigate potential
violations of sections 274 and 274A of the Immigration and
Nationality Act by a number equivalent to 300 full-time
active-duty investigators in each of fiscal years 1997, 1998,
and 1999.
(b) Allocation of Investigators.--At least one-half of the
investigators hired with funds made available under
subsection (a) shall be assigned to investigate potential
violations of section 274A of the Immigration and Nationality
Act.
(c) Limitation on Overtime.--None of the funds made
available under subsection (a) shall be available for
administrative expenses to pay any employee overtime pay in
an amount in excess of $25,000 for any fiscal year.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated such funds as may
be necessary to enable the Commissioner of Immigration and
Naturalization to increase the number of investigators and
support personnel to investigate visa overstayers by a number
equivalent to 300 full-time active-duty investigators in
fiscal year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT
IMMIGRATION ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State
or subdivision, who is determined by the Attorney General to
be qualified to perform a function of an immigration officer
in relation to the investigation, apprehension, or detention
of aliens in the United States (including the transportation
of such aliens across State lines to detention centers), may
carry out such function at the expense of the State or
political subdivision and to the extent consistent with State
and local law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of
a State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function, and shall contain a written certification that the
officers or employees performing the function under the
agreement have received adequate training regarding the
enforcement of relevant Federal immigration laws.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be
[[Page 2272]]
subject to the direction and supervision of the Attorney
General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in
a written agreement between the Attorney General and the
State or subdivision.
``(5) With respect to each officer or employee of a State
or political subdivision who is authorized to perform a
function under this subsection, the specific powers and
duties that may be, or are required to be, exercised or
performed by the individual, the duration of the authority of
the individual, and the position of the agency of the
Attorney General who is required to supervise and direct the
individual, shall be set forth in a written agreement between
the Attorney General and the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be
treated as a Federal employee for any purpose other than for
purposes of chapter 81 of title 5, United States Code,
(relating to compensation for injury) and sections 2671
through 2680 of title 28, United States Code (relating to
tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in
the United States; or
``(B) otherwise to cooperate with the Attorney General in
the identification, apprehension, detention, or removal of
aliens not lawfully present in the United States.''.
SEC. 134. MINIMUM STATE INS PRESENCE.
(a) In General.--Section 103 (8 U.S.C. 1103), as amended by
section 102(e), is further amended by adding at the end the
following:
``(f) The Attorney General shall allocate to each State not
fewer than 10 full-time active duty agents of the Immigration
and Naturalization Service to carry out the functions of the
Service, in order to ensure the effective enforcement of this
Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN
SMUGGLING OR DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section 1992
(relating to wrecking trains), a felony violation of section
1028 (relating to production of false identification
documentation), section 1425 (relating to the procurement of
citizenship or nationalization unlawfully), section 1426
(relating to the reproduction of naturalization or
citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers), section 1541 (relating
to passport issuance without authority), section 1542
(relating to false statements in passport applications),
section 1543 (relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or section
1546 (relating to fraud and misuse of visas, permits, and
other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or
1328) (relating to the smuggling of aliens);''.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.
Section 1961(1) of title 18, United States Code, as amended
by section 433 of Public Law 104-132, is amended--
(1) by striking ``if the act indictable under section 1028
was committed for the purpose of financial gain'';
(2) by inserting ``section 1425 (relating to the
procurement of citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of naturalization
or citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers),'' after ``section 1344
(relating to financial institution fraud),'';
(3) by striking ``if the act indictable under section 1542
was committed for the purpose of financial gain'';
(4) by striking ``if the act indictable under section 1543
was committed for the purpose of financial gain'';
(5) by striking ``if the act indictable under section 1544
was committed for the purpose of financial gain''; and
(6) by striking ``if the act indictable under section 1546
was committed for the purpose of financial gain''.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8
U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the
case of a violation of subparagraph (A)(ii), (iii), or (iv)
in which the offense was done for the purpose of commercial
advantage or private financial gain'' after ``subparagraph
(A)(i)''.
(b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a))
is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the comma at the end of clause (iv) and
inserting ``; or''; and
(C) by adding at the end the following new clause:
``(v)(I) engages in any conspiracy to commit any of the
preceding acts, or
``(II) aids or abets the commission of any of the preceding
acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or (v)(I)'' after
``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)'' and inserting
``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or (iv)'' and inserting
``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)'' and inserting
``(iv), or (v)'';
(3) in paragraph (2)(B), by striking ``be fined'' and all
that follows and inserting the following: ``be fined under
title 18, United States Code, and shall be imprisoned, in the
case of a first or second violation of subparagraph (B)(iii),
not more than 10 years, in the case of a first or second
violation of subparagraph (B)(i) or (B)(ii), not less than 3
nor more than 10 years, and for any other violation, not less
than 5 nor more than 15 years.''; and
(4) by adding at the end the following new paragraph:
``(3)(A) Any person who, during any 12-month period,
knowingly hires for employment at least 10 individuals with
actual knowledge that the individuals are aliens described in
subparagraph (B) shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(B) An alien described in this subparagraph is an alien
who--
``(i) is an unauthorized alien (as defined in section
274A(h)(3)), and
``(ii) has been brought into the United States in violation
of this subsection.''.
(c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i)
of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended
to read as follows:
``(i) an offense committed with the intent or with reason
to believe that the alien unlawfully brought into the United
States will commit an offense against the United States or
any State punishable by imprisonment for more than 1 year,''.
(d) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by
striking ``for each transaction constituting a violation of
this paragraph, regardless of the number of aliens involved''
and inserting ``for each alien in respect to whom a violation
of this paragraph occurs''.
(e) Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall promulgate sentencing guidelines
or amend existing sentencing guidelines for offenders
convicted of offenses related to smuggling, transporting,
harboring, or inducing aliens in violation of section 274(a)
(1)(A) or (2) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this
subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses described in
paragraph (1)--
(A) increase the base offense level for such offenses at
least 3 offense levels above the applicable level in effect
on the date of the enactment of this Act;
(B) review the sentencing enhancement for the number of
aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the
sentencing enhancement by at least 50 percent above the
applicable enhancement in effect on the date of the enactment
of this Act;
(C) impose an appropriate sentencing enhancement upon an
offender with 1 prior felony conviction arising out of a
separate and prior prosecution for an offense that involved
the same or similar underlying conduct as the current
offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(D) impose an additional appropriate sentencing enhancement
upon an offender with 2 or more prior felony convictions
arising out of separate and prior prosecutions for offenses
that involved the same or similar underling conduct as the
current offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pur
[[Page 2273]]
suant to the calculation of the defendant's criminal history
category;
(E) impose an appropriate sentencing enhancement on a
defendant who, in the course of committing an offense
described in this subsection--
(i) murders or otherwise causes death, bodily injury, or
serious bodily injury to an individual;
(ii) uses or brandishes a firearm or other dangerous
weapon; or
(iii) engages in conduct that consciously or recklessly
places another in serious danger of death or serious bodily
injury;
(F) consider whether a downward adjustment is appropriate
if the offense is a first offense and involves the smuggling
only of the alien's spouse or child; and
(G) consider whether any other aggravating or mitigating
circumstances warrant upward or downward sentencing
adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(f) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES
ATTORNEYS.
(a) In General.--The number of Assistant United States
Attorneys employed by the Department of Justice for the
fiscal year 1997 shall be increased by at least 25 above the
number of Assistant United States Attorneys that were
authorized to be employed as of September 30, 1996.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall
prosecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used for
leasing space within the United States and the territories
and possessions of the United States without regard to the
following provisions of law:
``(A) section 3679(a) of the Revised Statutes (31 U.S.C.
1341),
``(B) section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)),
``(C) section 305 of the Act of June 30, 1949 (63 Stat.
396; 41 U.S.C. 255),
``(D) the third undesignated paragraph under the heading
`Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40
U.S.C. 34),
``(E) section 3648 of the Revised Statutes (31 U.S.C.
3324),
``(F) section 3741 of the Revised Statutes (41 U.S.C. 22),
and
``(G) subsections (a) and (c) of section 304 of the Federal
Property and Administrative Services Act of 1949 (63 Stat.
395; 41 U.S.C. 254 (a) and (c));
``(2) sums appropriated for the Service may be used to
establish or to acquire proprietary corporations or business
entities as part of an undercover operation, and to operate
such corporations or business entities on a commercial basis,
without regard to the provisions of section 304 of the
Government Corporation Control Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the proceeds
from the undercover operation, may be deposited in banks or
other financial institutions without regard to the provisions
of section 648 of title 18, United States Code, and of
section 3639 of the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation may be
used to offset necessary and reasonable expenses incurred in
such operation without regard to the provisions of section
3617 of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1), (2), (3), or (4) is
necessary for the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the
conduct of the operation, the proceeds or the balance of the
proceeds remaining at the time shall be deposited into the
Treasury of the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph
(2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Service,
as much in advance as the Commissioner or Commissioner's
designee determines practicable, shall report the
circumstances to the Attorney General, the Director of the
Office of Management and Budget, and the Comptroller General.
The proceeds of the liquidation, sale, or other disposition,
after obligations are met, shall be deposited in the Treasury
of the United States as miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a
quarterly basis and shall report the results of the audits in
writing to the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle B--Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Fraud and Misuse of Government-Issued Identification
Documents.--(1) Section 1028(b) of title 18, United States
Code, is amended--
(A) in paragraph (1), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(1)'' and by striking
``five years'' and inserting ``15 years'';
(B) in paragraph (2), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(2)'' and by striking
``and'' at the end;
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed to
facilitate a drug trafficking crime (as defined in section
929(a)(2) of this title);
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed to
facilitate an act of international terrorism (as defined in
section 2331(1) of this title); and''.
(2) Sections 1425 through 1427, sections 1541 through 1544,
and section 1546(a) of title 18, United States Code, are each
amended by striking ``imprisoned not more'' and all that
follows through ``years'' each place it appears and inserting
the following: ``imprisoned not more than 25 years (if the
offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20
years (if the offense was committed to facilitate a drug
trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed to facilitate such
an act of international terrorism or a drug trafficking
crime), or 15 years (in the case of any other offense)''.
(b) Changes to the Sentencing Levels.--
(1) In general.--Pursuant to the Commission's authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate
sentencing guidelines or amend existing sentencing guidelines
for offenders convicted of violating, or conspiring to
violate, sections 1028(b)(1), 1425 through 1427, 1541 through
1544, and 1546(a) of title 18, United States Code, in
accordance with this subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses referred to in
paragraph (1)--
(A) increase the base offense level for such offenses at
least 2 offense levels above the level in effect on the date
of the enactment of this Act;
(B) review the sentencing enhancement for number of
documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and
increase the upward adjustment by at least 50 percent above
the applicable enhancement in effect on the date of the
enactment of this Act;
(C) impose an appropriate sentencing enhancement upon an
offender with 1 prior felony conviction arising out of a
separate and prior prosecution for an offense that involved
the same or similar underlying conduct as the current
offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(D) impose an additional appropriate sentencing enhancement
upon an offender with 2 or more prior felony convictions
arising out of separate and prior prosecutions for offenses
that involved the same or similar underlying conduct as the
current offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category; and
(E) consider whether any other aggravating or mitigating
circumstances warrant upward or downward sentencing
adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(c) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES
FOR DOCUMENT FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
1324c(a)) is amended--
(1) in paragraph (1), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
[[Page 2274]]
(2) in paragraph (2), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to'' after ``issued
to'';
(B) by adding before the comma at the end the following:
``or obtaining a benefit under this Act''; and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to'' after ``issued
to'';
(B) by adding before the period at the end the following:
``or obtaining a benefit under this Act''; and
(C) by striking the period at the end and inserting ``,
or''; and
(5) by adding at the end the following new paragraphs:
``(5) to prepare, file, or assist another in preparing or
filing, any application for benefits under this Act, or any
document required under this Act, or any document submitted
in connection with such application or document, with
knowledge or in reckless disregard of the fact that such
application or document was falsely made or, in whole or in
part, does not relate to the person on whose behalf it was or
is being submitted, or
``(6)(A) to present before boarding a common carrier for
the purpose of coming to the United States a document which
relates to the alien's eligibility to enter the United
States, and (B) to fail to present such document to an
immigration officer upon arrival at a United States port of
entry.''.
(b) Definition of Falsely Make.--Section 274C (8 U.S.C.
1324c), as amended by section 213, is further amended by
adding at the end the following new subsection:
``(f) Falsely Make.--For purposes of this section, the term
`falsely make' means to prepare or provide an application or
document, with knowledge or in reckless disregard of the fact
that the application or document contains a false,
fictitious, or fraudulent statement or material
representation, or has no basis in law or fact, or otherwise
fails to state a fact which is material to the purpose for
which it was submitted.''.
(c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used,
accepted, or created and each instance of use, acceptance, or
creation'' each place it appears and inserting ``each
document that is the subject of a violation under subsection
(a)''.
(d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)) is amended by adding at the end the following new
paragraph:
``(7) Waiver by attorney general.--The Attorney General may
waive the penalties imposed by this section with respect to
an alien who knowingly violates subsection (a)(6) if the
alien is granted asylum under section 208 or withholding of
deportation under section 243(h).''.
(e) Effective Date.--Section 274C(f) of the Immigration and
Nationality Act, as added by subsection (b), applies to the
preparation of applications before, on, or after the date of
the enactment of this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE
AS PREPARER OF FALSE APPLICATION FOR
IMMIGRATION BENEFITS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the
end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as
Document Preparer.--(1) Whoever, in any matter within the
jurisdiction of the Service, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on
behalf of any person and for a fee or other remuneration,
prepared or assisted in preparing an application which was
falsely made (as defined in subsection (f)) for immigration
benefits, shall be fined in accordance with title 18, United
States Code, imprisoned for not more than 5 years, or both,
and prohibited from preparing or assisting in preparing,
whether or not for a fee or other remuneration, any other
such application.
``(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists in
preparing an application for immigration benefits pursuant to
this Act, or the regulations promulgated thereunder, whether
or not for a fee or other remuneration and regardless of
whether in any matter within the jurisdiction of the Service,
shall be fined in accordance with title 18, United States
Code, imprisoned for not more than 15 years, or both, and
prohibited from preparing or assisting in preparing any other
such application.''.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT
WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.
The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ``containing any such
false statement'' and inserting ``which contains any such
false statement or which fails to contain any reasonable
basis in law or fact''.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of paragraph (d) and
inserting ``; or'', and
(2) by inserting after paragraph (d) the following:
``(e) Whoever knowingly makes any false statement or claim
that he is, or at any time has been, a citizen or national of
the United States, with the intent to obtain on behalf of
himself, or any other person, any Federal or State benefit or
service, or to engage unlawfully in employment in the United
States; or
``(f) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to
register to vote or to vote in any Federal, State, or local
election (including an initiative, recall, or referendum)--
''.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL
ELECTION.
(a) In General.--Title 18, United States Code, is amended
by inserting after section 610 the following:
``Sec. 611. Voting by aliens
``(a) It shall be unlawful for any alien to vote in any
election held solely or in part for the purpose of electing a
candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the
House of Representatives, Delegate from the District of
Columbia, or Resident Commissioner, unless--
``(1) the election is held partly for some other purpose;
``(2) aliens are authorized to vote for such other purpose
under a State constitution or statute or a local ordinance;
and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such Federal
offices, in such a manner that an alien has the opportunity
to vote for such other purpose, but not an opportunity to
vote for a candidate for any one or more of such Federal
offices.
``(b) Any person who violates this section shall be fined
under this title, imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 18, United States Code, is
amended by inserting after the item relating to section 610
the following new item:
``611. Voting by aliens.''.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
OFFENSES.
Section 982(a) of title 18, United States Code, is amended
by inserting after paragraph (5) the following new paragraph:
``(6)(A) The court, in imposing sentence on a person
convicted of a violation of, or conspiracy to violate,
section 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title, or a violation of, or conspiracy to violate,
section 1028 of this title if committed in connection with
passport or visa issuance or use, shall order that the person
forfeit to the United States, regardless of any provision of
State law--
``(i) any conveyance, including any vessel, vehicle, or
aircraft used in the commission of a violation of, or a
conspiracy to violate, subsection (a); and
``(ii) any property real or personal--
``(I) that constitutes, or is derived from or is traceable
to the proceeds obtained directly or indirectly from the
commission of a violation of, or a conspiracy to violate,
subsection (a), section 274A(a)(1) or 274A(a)(2) of the
Immigration and Nationality Act, or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of this title; or
``(II) that is used to facilitate, or is intended to be
used to facilitate, the commission of a violation of, or a
conspiracy to violate, subsection (a), section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality Act, or section
1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title.
The court, in imposing sentence on such person, shall order
that the person forfeit to the United States all property
described in this subparagraph.
``(B) The criminal forfeiture of property under
subparagraph (A), including any seizure and disposition of
the property and any related administrative or judicial
proceeding, shall be governed by the provisions of section
413 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 853), other than subsections (a) and
(d) of such section 413.''.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) Amendments to Title 18.--Sections 1581, 1583, 1584, and
1588 of title 18, United States Code, are amended by striking
``five'' each place it appears and inserting ``10''.
(b) Review of Sentencing Guidelines.--The United States
Sentencing Commission shall ascertain whether there exists an
unwarranted disparity--
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
kidnapping offenses in effect on the date of the enactment of
this Act; and
(2) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
alien smuggling offenses in effect on the date of the
enactment of this Act and after the amendment made by
subsection (a).
(c) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review its guidelines on
sentencing for peonage, involuntary servitude, and slave
trade offenses under sections 1581 through 1588 of title 18,
United States Code, and shall amend such guidelines as
necessary to--
(A) reduce or eliminate any unwarranted disparity found
under subsection (b) that exists between the sentences for
peonage, involuntary servitude, and slave trade offenses, and
the sentences for kidnapping offenses and alien smuggling
offenses;
(B) ensure that the applicable guidelines for defendants
convicted of peonage, involuntary servitude, and slave trade
offenses are sufficiently stringent to deter such offenses
[[Page 2275]]
and adequately reflect the heinous nature of such offenses;
and
(C) ensure that the guidelines reflect the general
appropriateness of enhanced sentences for defendants whose
peonage, involuntary servitude, or slave trade offenses
involve--
(i) a large number of victims;
(ii) the use or threatened use of a dangerous weapon; or
(iii) a prolonged period of peonage or involuntary
servitude.
(2) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end
thereof the following new subsection:
``(d) Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually
preserved) deposition of a witness to a violation of
subsection (a) who has been deported or otherwise expelled
from the United States, or is otherwise unable to testify,
may be admitted into evidence in an action brought for that
violation if the witness was available for cross examination
and the deposition otherwise complies with the Federal Rules
of Evidence.''.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and''; and
(3) by inserting after subparagraph (B) the following:
``(C) immigration officers designated by the Commissioner
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place prior to the
filing of a complaint in a case under paragraph (2).''.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES
WITHOUT AUTHORIZATION AS NOT ADMITTED.
(a) ``Admission'' Defined.--Paragraph (13) of section
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
``(13)(A) The terms `admission' and `admitted' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
``(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not
be considered to have been admitted.
``(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an
admission into the United States for purposes of the
immigration laws unless the alien--
``(i) has abandoned or relinquished that status,
``(ii) has been absent from the United States for a
continuous period in excess of 180 days,
``(iii) has engaged in illegal activity after having
departed the United States,
``(iv) has departed from the United States while under
legal process seeking removal of the alien from the United
States, including removal proceedings under this Act and
extradition proceedings,
``(v) has committed an offense identified in section
212(a)(2), unless since such offense the alien has been
granted relief under section 212(h) or 240A(a), or
``(vi) is attempting to enter at a time or place other than
as designated by immigration officers or has not been
admitted to the United States after inspection and
authorization by an immigration officer.''.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--
(1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is
amended by redesignating paragraph (9) as paragraph (10) and
by inserting after paragraph (8) the following new paragraph:
``(9) Aliens previously removed.--
``(A) Certain aliens previously removed.--
``(i) Arriving aliens.--Any alien who has been ordered
removed under section 235(b)(1) or at the end of proceedings
under section 240 initiated upon the alien's arrival in the
United States and who again seeks admission within 5 years of
the date of such removal (or within 20 years in the case of a
second or subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is inadmissible.
``(ii) Other aliens.--Any alien not described in clause (i)
who--
``(I) has been ordered removed under section 240 or any
other provision of law, or
``(II) departed the United States while an order of removal
was outstanding,
and who seeks admission within 10 years of the date of such
alien's departure or removal (or within 20 years of such date
in the case of a second or subsequent removal or at any time
in the case of an alien convicted of an aggravated felony) is
inadmissible.
``(iii) Exception.--Clauses (i) and (ii) shall not apply to
an alien seeking admission within a period if, prior to the
date of the alien's reembarkation at a place outside the
United States or attempt to be admitted from foreign
contiguous territory, the Attorney General has consented to
the alien's reapplying for admission.
``(B) Aliens unlawfully present.--
``(i) In general.--Any alien (other than an alien lawfully
admitted for permanent residence) who--
``(I) was unlawfully present in the United States for a
period of more than 180 days but less than 1 year,
voluntarily departed the United States (whether or not
pursuant to section 244(e)) prior to the commencement of
proceedings under section 235(b)(1) or section 240, and again
seeks admission within 3 years of the date of such alien's
departure or removal, or
``(II) has been unlawfully present in the United States for
one year or more, and who again seeks admission within 10
years of the date of such alien's departure or removal from
the United States,
is inadmissible.
``(ii) Construction of unlawful presence.--For purposes of
this paragraph, an alien is deemed to be unlawfully present
in the United States if the alien is present in the United
States after the expiration of the period of stay authorized
by the Attorney General or is present in the United States
without being admitted or paroled.
``(iii) Exceptions.--
``(I) Minors.--No period of time in which an alien is under
18 years of age shall be taken into account in determining
the period of unlawful presence in the United States under
clause (i).
``(II) Asylees.--No period of time in which an alien has a
bona fide application for asylum pending under section 208
shall be taken into account in determining the period of
unlawful presence in the United States under clause (i)
unless the alien during such period was employed without
authorization in the United States.
``(III) Family unity.--No period of time in which the alien
is a beneficiary of family unity protection pursuant to
section 301 of the Immigration Act of 1990 shall be taken
into account in determining the period of unlawful presence
in the United States under clause (i).
``(IV) Battered women and children.--Clause (i) shall not
apply to an alien who would be described in paragraph
(6)(A)(ii) if `violation of the terms of the alien's
nonimmigrant visa' were substituted for `unlawful entry into
the United States' in subclause (III) of that paragraph.
``(iv) Tolling for good cause.--In the case of an alien
who--
``(I) has been lawfully admitted or paroled into the United
States,
``(II) has filed a nonfrivolous application for a change or
extension of status before the date of expiration of the
period of stay authorized by the Attorney General, and
``(III) has not been employed without authorization in the
United States before or during the pendency of such
application,
the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.
``(v) Waiver.--The Attorney General has sole discretion to
waive clause (i) in the case of an immigrant who is the
spouse or son or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence, if it is
established to the satisfaction of the Attorney General that
the refusal of admission to such immigrant alien would result
in extreme hardship to the citizen or lawfully resident
spouse or parent of such alien. No court shall have
jurisdiction to review a decision or action by the Attorney
General regarding a waiver under this clause.
``(C) Aliens unlawfully present after previous immigration
violations.--
``(i) In general.--Any alien who--
``(I) has been unlawfully present in the United States for
an aggregate period of more than 1 year, or
``(II) has been ordered removed under section 235(b)(1),
section 240, or any other provision of law,
and who enters or attempts to reenter the United States
without being admitted is inadmissible.
``(ii) Exception.--Clause (i) shall not apply to an alien
seeking admission more than 10 years after the date of the
alien's last departure from the United States if, prior to
the alien's reembarkation at a place outside the United
States or attempt to be readmitted from a foreign contiguous
territory, the Attorney General has consented to the alien's
reapplying for admission.''.
(2) Limitation on change of status.--Section 248 (8 U.S.C.
1258) is amended by inserting ``and who is not inadmissible
under section 212(a)(9)(B)(i) (or whose inadmissibility under
such section is waived under section 212(a)(9)(B)(v))'' after
``maintain that status''.
(3) Treatment of unlawful presence before effective date.--
In applying section 212(a)(9)(B) of the Immigration and
Nationality Act, as inserted by paragraph (1), no period
before the title III-A effective date shall be included in a
period of unlawful presence in the United States.
[[Page 2276]]
(c) Revision to Ground of Inadmissibility for Illegal
Entrants and Immigration Violators.--
(1) In general.--Subparagraphs (A) and (B) of section
212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as
follows:
``(A) Aliens present without admission or parole.--
``(i) In general.--An alien present in the United States
without being admitted or paroled, or who arrives in the
United States at any time or place other than as designated
by the Attorney General, is inadmissible.
``(ii) Exception for certain battered women and children.--
Clause (i) shall not apply to an alien who demonstrates
that--
``(I) the alien qualifies for immigrant status under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1),
``(II)(a) the alien has been battered or subjected to
extreme cruelty by a spouse or parent, or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, or (b) the alien's child has been
battered or subjected to extreme cruelty by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty) or by a member of the
spouse's or parent's family residing in the same household as
the alien when the spouse or parent consented to or
acquiesced in such battery or cruelty and the alien did not
actively participate in such battery or cruelty, and
``(III) there was a substantial connection between the
battery or cruelty described in subclause (I) or (II) and the
alien's unlawful entry into the United States.
``(B) Failure to attend removal proceeding.--Any alien who
without reasonable cause fails or refuses to attend or remain
in attendance at a proceeding to determine the alien's
inadmissibility or deportability and who seeks admission to
the United States within 5 years of such alien's subsequent
departure or removal is inadmissible.''.
(2) Transition for battered spouse or child provision.--The
requirements of subclauses (II) and (III) of section
212(a)(6)(A)(ii) of the Immigration and Nationality Act, as
inserted by paragraph (1), shall not apply to an alien who
demonstrates that the alien first arrived in the United
States before the title III-A effective date (described in
section 309(a)).
(d) Adjustment in Grounds for Deportation.--Section 241 (8
U.S.C. 1251), before redesignation as section 237 by section
305(a)(2), is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``in the United States'' and inserting ``in and
admitted to the United States'';
(2) in subsection (a)(1), by striking ``Excludable'' each
place it appears and inserting ``Inadmissible'';
(3) in subsection (a)(1)(A), by striking ``excludable'' and
inserting ``inadmissible''; and
(4) by amending subparagraph (B) of subsection (a)(1) to
read as follows:
``(B) Present in violation of law.--Any alien who is
present in the United States in violation of this Act or any
other law of the United States is deportable.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF
INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR
HEARING (REVISED SECTION 235).
(a) In General.--Section 235 (8 U.S.C. 1225) is amended to
read as follows:
``inspection by immigration officers; expedited removal of inadmissible
arriving aliens; referral for hearing
``Sec. 235. (a) Inspection.--
``(1) Aliens treated as applicants for admission.--An alien
present in the United States who has not been admitted or who
arrives in the United States (whether or not at a designated
port of arrival and including an alien who is brought to the
United States after having been interdicted in international
or United States waters) shall be deemed for purposes of this
Act an applicant for admission.
``(2) Stowaways.--An arriving alien who is a stowaway is
not eligible to apply for admission or to be admitted and
shall be ordered removed upon inspection by an immigration
officer. Upon such inspection if the alien indicates an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview under subsection (b)(1)(B). A stowaway may apply
for asylum only if the stowaway is found to have a credible
fear of persecution under subsection (b)(1)(B). In no case
may a stowaway be considered an applicant for admission or
eligible for a hearing under section 240.
``(3) Inspection.--All aliens (including alien crewmen) who
are applicants for admission or otherwise seeking admission
or readmission to or transit through the United States shall
be inspected by immigration officers.
``(4) Withdrawal of application for admission.--An alien
applying for admission may, in the discretion of the Attorney
General and at any time, be permitted to withdraw the
application for admission and depart immediately from the
United States.
``(5) Statements.--An applicant for admission may be
required to state under oath any information sought by an
immigration officer regarding the purposes and intentions of
the applicant in seeking admission to the United States,
including the applicant's intended length of stay and whether
the applicant intends to remain permanently or become a
United States citizen, and whether the applicant is
inadmissible.
``(b) Inspection of Applicants for Admission.--
``(1) Inspection of aliens arriving in the united states
and certain other aliens who have not been admitted or
paroled.--
``(A) Screening.--
``(i) In general.--If an immigration officer determines
that an alien (other than an alien described in subparagraph
(F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section 212(a)(6)(C) or
212(a)(7), the officer shall order the alien removed from the
United States without further hearing or review unless the
alien indicates either an intention to apply for asylum under
section 208 or a fear of persecution.
``(ii) Claims for asylum.--If an immigration officer
determines that an alien (other than an alien described in
subparagraph (F)) who is arriving in the United States or is
described in clause (iii) is inadmissible under section
212(a)(6)(C) or 212(a)(7) and the alien indicates either an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview by an asylum officer under subparagraph (B).
``(iii) Application to certain other aliens.--
``(I) In general.--The Attorney General may apply clauses
(i) and (ii) of this subparagraph to any or all aliens
described in subclause (II) as designated by the Attorney
General. Such designation shall be in the sole and
unreviewable discretion of the Attorney General and may be
modified at any time.
``(II) Aliens described.--An alien described in this clause
is an alien who is not described in subparagraph (F), who has
not been admitted or paroled into the United States, and who
has not affirmatively shown, to the satisfaction of an
immigration officer, that the alien has been physically
present in the United States continuously for the 2-year
period immediately prior to the date of the determination of
inadmissibility under this subparagraph.
``(B) Asylum interviews.--
``(i) Conduct by asylum officers.--An asylum officer shall
conduct interviews of aliens referred under subparagraph
(A)(ii), either at a port of entry or at such other place
designated by the Attorney General.
``(ii) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution (within the meaning of clause
(v)), the alien shall be detained for further consideration
of the application for asylum.
``(iii) Removal without further review if no credible fear
of persecution.--
``(I) In general.--Subject to subclause (III), if the
officer determines that an alien does not have a credible
fear of persecution, the officer shall order the alien
removed from the United States without further hearing or
review.
``(II) Record of determination.--The officer shall prepare
a written record of a determination under subclause (I). Such
record shall include a summary of the material facts as
stated by the applicant, such additional facts (if any)
relied upon by the officer, and the officer's analysis of
why, in the light of such facts, the alien has not
established a credible fear of persecution. A copy of the
officer's interview notes shall be attached to the written
summary.
``(III) Review of determination.--The Attorney General
shall provide by regulation and upon the alien's request for
prompt review by an immigration judge of a determination
under subclause (I) that the alien does not have a credible
fear of persecution. Such review shall include an opportunity
for the alien to be heard and questioned by the immigration
judge, either in person or by telephonic or video connection.
Review shall be concluded as expeditiously as possible, to
the maximum extent practicable within 24 hours, but in no
case later than 7 days after the date of the determination
under subclause (I).
``(IV) Mandatory detention.--Any alien subject to the
procedures under this clause shall be detained pending a
final determination of credible fear of persecution and, if
found not to have such a fear, until removed.
``(iv) Information about interviews.--The Attorney General
shall provide information concerning the asylum interview
described in this subparagraph to aliens who may be eligible.
An alien who is eligible for such interview may consult with
a person or persons of the alien's choosing prior to the
interview or any review thereof, according to regulations
prescribed by the Attorney General. Such consultation shall
be at no expense to the Government and shall not unreasonably
delay the process.
``(v) Credible fear of persecution defined.--For purposes
of this subparagraph, the term `credible fear of persecution'
means that there is a significant possibility, taking into
account the credibility of the statements made by the alien
in support of the alien's claim and such other facts as are
known to the officer, that the alien could establish
eligibility for asylum under section 208.
``(C) Limitation on administrative review.--Except as
provided in subparagraph (B)(iii)(III), a removal order
entered in accordance with subparagraph (A)(i) or (B)(iii)(I)
is not subject to administrative appeal, except that the
Attorney General shall provide by regulation for prompt
review of such an order under subparagraph (A)(i) against an
alien who claims under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code,
after having been warned of the penalties for
[[Page 2277]]
falsely making such claim under such conditions, to have been
lawfully admitted for permanent residence, to have been
admitted as a refugee under section 207, or to have been
granted asylum under section 208.
``(D) Limit on collateral attacks.--In any action brought
against an alien under section 275(a) or section 276, the
court shall not have jurisdiction to hear any claim attacking
the validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii).
``(E) Asylum officer defined.--As used in this paragraph,
the term `asylum officer' means an immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208, and
``(ii) is supervised by an officer who meets the condition
described in clause (i) and has had substantial experience
adjudicating asylum applications.
``(F) Exception.--Subparagraph (A) shall not apply to an
alien who is a native or citizen of a country in the Western
Hemisphere with whose government the United States does not
have full diplomatic relations and who arrives by aircraft at
a port of entry.
``(2) Inspection of other aliens.--
``(A) In general.--Subject to subparagraphs (B) and (C), in
the case of an alien who is an applicant for admission, if
the examining immigration officer determines that an alien
seeking admission is not clearly and beyond a doubt entitled
to be admitted, the alien shall be detained for a proceeding
under section 240.
``(B) Exception.--Subparagraph (A) shall not apply to an
alien--
``(i) who is a crewman,
``(ii) to whom paragraph (1) applies, or
``(iii) who is a stowaway.
``(C) Treatment of aliens arriving from contiguous
territory.--In the case of an alien described in subparagraph
(A) who is arriving on land (whether or not at a designated
port of arrival) from a foreign territory contiguous to the
United States, the Attorney General may return the alien to
that territory pending a proceeding under section 240.
``(3) Challenge of decision.--The decision of the examining
immigration officer, if favorable to the admission of any
alien, shall be subject to challenge by any other immigration
officer and such challenge shall operate to take the alien
whose privilege to be admitted is so challenged, before an
immigration judge for a proceeding under section 240.
``(c) Removal of Aliens Inadmissible on Security and
Related Grounds.--
``(1) Removal without further hearing.--If an immigration
officer or an immigration judge suspects that an arriving
alien may be inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3), the officer
or judge shall--
``(A) order the alien removed, subject to review under
paragraph (2);
``(B) report the order of removal to the Attorney General;
and
``(C) not conduct any further inquiry or hearing until
ordered by the Attorney General.
``(2) Review of order.--(A) The Attorney General shall
review orders issued under paragraph (1).
``(B) If the Attorney General--
``(i) is satisfied on the basis of confidential information
that the alien is inadmissible under subparagraph (A) (other
than clause (ii)), (B), or (C) of section 212(a)(3), and
``(ii) after consulting with appropriate security agencies
of the United States Government, concludes that disclosure of
the information would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed without
further inquiry or hearing by an immigration judge.
``(C) If the Attorney General does not order the removal of
the alien under subparagraph (B), the Attorney General shall
specify the further inquiry or hearing that shall be
conducted in the case.
``(3) Submission of statement and information.--The alien
or the alien's representative may submit a written statement
and additional information for consideration by the Attorney
General.
``(d) Authority Relating to Inspections.--
``(1) Authority to search conveyances.--Immigration
officers are authorized to board and search any vessel,
aircraft, railway car, or other conveyance or vehicle in
which they believe aliens are being brought into the United
States.
``(2) Authority to order detention and delivery of arriving
aliens.--Immigration officers are authorized to order an
owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an
alien (except an alien crewmember) to the United States--
``(A) to detain the alien on the vessel or at the airport
of arrival, and
``(B) to deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
``(3) Administration of oath and consideration of
evidence.--The Attorney General and any immigration officer
shall have power to administer oaths and to take and consider
evidence of or from any person touching the privilege of any
alien or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the United
States or concerning any matter which is material and
relevant to the enforcement of this Act and the
administration of the Service.
``(4) Subpoena authority.--(A) The Attorney General and any
immigration officer shall have power to require by subpoena
the attendance and testimony of witnesses before immigration
officers and the production of books, papers, and documents
relating to the privilege of any person to enter, reenter,
reside in, or pass through the United States or concerning
any matter which is material and relevant to the enforcement
of this Act and the administration of the Service, and to
that end may invoke the aid of any court of the United
States.
``(B) Any United States district court within the
jurisdiction of which investigations or inquiries are being
conducted by an immigration officer may, in the event of
neglect or refusal to respond to a subpoena issued under this
paragraph or refusal to testify before an immigration
officer, issue an order requiring such persons to appear
before an immigration officer, produce books, papers, and
documents if demanded, and testify, and any failure to obey
such order of the court may be punished by the court as a
contempt thereof.''.
(b) GAO Study on Operation of Expedited Removal
Procedures.--
(1) Study.--The Comptroller General shall conduct a study
on the implementation of the expedited removal procedures
under section 235(b)(1) of the Immigration and Nationality
Act, as amended by subsection (a). The study shall examine--
(A) the effectiveness of such procedures in deterring
illegal entry,
(B) the detention and adjudication resources saved as a
result of the procedures,
(C) the administrative and other costs expended to comply
with the provision,
(D) the effectiveness of such procedures in processing
asylum claims by undocumented aliens who assert a fear of
persecution, including the accuracy of credible fear
determinations, and
(E) the cooperation of other countries and air carriers in
accepting and returning aliens removed under such procedures.
(2) Report.--By not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report on the study
conducted under paragraph (1).
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED
SECTION 236).
(a) In General.--Section 236 (8 U.S.C. 1226) is amended to
read as follows:
``apprehension and detention of aliens
``Sec. 236. (a) Arrest, Detention, and Release.--On a
warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien
is to be removed from the United States. Except as provided
in subsection (c) and pending such decision, the Attorney
General--
``(1) may continue to detain the arrested alien; and
``(2) may release the alien on--
``(A) bond of at least $1,500 with security approved by,
and containing conditions prescribed by, the Attorney
General; or
``(B) conditional parole; but
``(3) may not provide the alien with work authorization
(including an `employment authorized' endorsement or other
appropriate work permit), unless the alien is lawfully
admitted for permanent residence or otherwise would (without
regard to removal proceedings) be provided such
authorization.
``(b) Revocation of Bond or Parole.--The Attorney General
at any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original
warrant, and detain the alien.
``(c) Detention of Criminal Aliens.--
``(1) Custody.--The Attorney General shall take into
custody any alien who--
``(A) is inadmissible by reason of having committed any
offense covered in section 212(a)(2),
``(B) is deportable by reason of having committed any
offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B),
(C), or (D),
``(C) is deportable under section 237(a)(2)(A)(i) on the
basis of an offense for which the alien has been sentence to
a term of imprisonment of at least 1 year, or
``(D) is inadmissible under section 212(a)(3)(B) or
deportable under section 237(a)(4)(B),
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or
probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.
``(2) Release.--The Attorney General may release an alien
described in paragraph (1) only if the Attorney General
decides pursuant to section 3521 of title 18, United States
Code, that release of the alien from custody is necessary to
provide protection to a witness, a potential witness, a
person cooperating with an investigation into major criminal
activity, or an immediate family member or close associate of
a witness, potential witness, or person cooperating with such
an investigation, and the alien satisfies the Attorney
General that the alien will not pose a danger to the safety
of other persons or of property and is likely to appear for
any scheduled proceeding. A decision relating to such release
shall take place in accordance with a procedure that
considers the severity of the offense committed by the alien.
``(d) Identification of Criminal Aliens.--(1) The Attorney
General shall devise and implement a system--
``(A) to make available, daily (on a 24-hour basis), to
Federal, State, and local authori
[[Page 2278]]
ties the investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
``(B) to designate and train officers and employees of the
Service to serve as a liaison to Federal, State, and local
law enforcement and correctional agencies and courts with
respect to the arrest, conviction, and release of any alien
charged with an aggravated felony; and
``(C) which uses computer resources to maintain a current
record of aliens who have been convicted of an aggravated
felony, and indicates those who have been removed.
``(2) The record under paragraph (1)(C) shall be made
available--
``(A) to inspectors at ports of entry and to border patrol
agents at sector headquarters for purposes of immediate
identification of any alien who was previously ordered
removed and is seeking to reenter the United States, and
``(B) to officials of the Department of State for use in
its automated visa lookout system.
``(3) Upon the request of the governor or chief executive
officer of any State, the Service shall provide assistance to
State courts in the identification of aliens unlawfully
present in the United States pending criminal prosecution.
``(e) Judicial Review.--The Attorney General's
discretionary judgment regarding the application of this
section shall not be subject to review. No court may set
aside any action or decision by the Attorney General under
this section regarding the detention or release of any alien
or the grant, revocation, or denial of bond or parole.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
become effective on the title III-A effective date.
(2) Notification regarding custody.--If the Attorney
General, not later than 10 days after the date of the
enactment of this Act, notifies in writing the Committees on
the Judiciary of the House of Representatives and the Senate
that there is insufficient detention space and Immigration
and Naturalization Service personnel available to carry out
section 236(c) of the Immigration and Nationality Act, as
amended by subsection (a), or the amendments made by section
440(c) of Public Law 104-132, the provisions in paragraph (3)
shall be in effect for a 1-year period beginning on the date
of such notification, instead of such section or such
amendments. The Attorney General may extend such 1-year
period for an additional year if the Attorney General
provides the same notice not later than 10 days before the
end of the first 1-year period. After the end of such 1-year
or 2-year periods, the provisions of such section 236(c)
shall apply to individuals released after such periods.
(3) Transition period custody rules.--
(A) In general.--During the period in which this paragraph
is in effect pursuant to paragraph (2), the Attorney General
shall take into custody any alien who--
(i) has been convicted of an aggravated felony (as defined
under section 101(a)(43) of the Immigration and Nationality
Act, as amended by section 321 of this Act),
(ii) is inadmissible by reason of having committed any
offense covered in section 212(a)(2) of such Act,
(iii) is deportable by reason of having committed any
offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B),
(C), or (D) of such Act (before redesignation under this
subtitle), or
(iv) is inadmissible under section 212(a)(3)(B) of such Act
or deportable under section 241(a)(4)(B) of such Act (before
redesignation under this subtitle),
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or
probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.
(B) Release.--The Attorney General may release the alien
only if the alien is an alien described in subparagraph
(A)(ii) or (A)(iii) and--
(i) the alien was lawfully admitted to the United States
and satisfies the Attorney General that the alien will not
pose a danger to the safety of other persons or of property
and is likely to appear for any scheduled proceeding, or
(ii) the alien was not lawfully admitted to the United
States, cannot be removed because the designated country of
removal will not accept the alien, and satisfies the Attorney
General that the alien will not pose a danger to the safety
of other persons or of property and is likely to appear for
any scheduled proceeding.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND
ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE
(REVISED AND NEW SECTIONS 239 TO 240C).
(a) In General.--Chapter 4 of title II is amended--
(1) by redesignating section 239 (8 U.S.C. 1229) as section
234 and by moving such section to immediately follow section
233;
(2) by redesignating section 240 (8 U.S.C. 1230) as section
240C; and
(3) by inserting after section 238 the following new
sections:
``initiation of removal proceedings
``Sec. 239. (a) Notice to Appear.--
``(1) In general.--In removal proceedings under section
240, written notice (in this section referred to as a `notice
to appear') shall be given in person to the alien (or, if
personal service is not practicable, through service by mail
to the alien or to the alien's counsel of record, if any)
specifying the following:
``(A) The nature of the proceedings against the alien.
``(B) The legal authority under which the proceedings are
conducted.
``(C) The acts or conduct alleged to be in violation of
law.
``(D) The charges against the alien and the statutory
provisions alleged to have been violated.
``(E) The alien may be represented by counsel and the alien
will be provided (i) a period of time to secure counsel under
subsection (b)(1) and (ii) a current list of counsel prepared
under subsection (b)(2).
``(F)(i) The requirement that the alien must immediately
provide (or have provided) the Attorney General with a
written record of an address and telephone number (if any) at
which the alien may be contacted respecting proceedings under
section 240.
``(ii) The requirement that the alien must provide the
Attorney General immediately with a written record of any
change of the alien's address or telephone number.
``(iii) The consequences under section 240(b)(5) of failure
to provide address and telephone information pursuant to this
subparagraph.
``(G)(i) The time and place at which the proceedings will
be held.
``(ii) The consequences under section 240(b)(5) of the
failure, except under exceptional circumstances, to appear at
such proceedings.
``(2) Notice of change in time or place of proceedings.--
``(A) In general.--In removal proceedings under section
240, in the case of any change or postponement in the time
and place of such proceedings, subject to subparagraph (B) a
written notice shall be given in person to the alien (or, if
personal service is not practicable, through service by mail
to the alien or to the alien's counsel of record, if any)
specifying--
``(i) the new time or place of the proceedings, and
``(ii) the consequences under section 240(b)(5) of failing,
except under exceptional circumstances, to attend such
proceedings.
``(B) Exception.--In the case of an alien not in detention,
a written notice shall not be required under this paragraph
if the alien has failed to provide the address required under
paragraph (1)(F).
``(3) Central address files.--The Attorney General shall
create a system to record and preserve on a timely basis
notices of addresses and telephone numbers (and changes)
provided under paragraph (1)(F).
``(b) Securing of Counsel.--
``(1) In general.--In order that an alien be permitted the
opportunity to secure counsel before the first hearing date
in proceedings under section 240, the hearing date shall not
be scheduled earlier than 10 days after the service of the
notice to appear, unless the alien requests in writing an
earlier hearing date.
``(2) Current lists of counsel.--The Attorney General shall
provide for lists (updated not less often than quarterly) of
persons who have indicated their availability to represent
pro bono aliens in proceedings under section 240. Such lists
shall be provided under subsection (a)(1)(E) and otherwise
made generally available.
``(3) Rule of construction.--Nothing in this subsection may
be construed to prevent the Attorney General from proceeding
against an alien pursuant to section 240 if the time period
described in paragraph (1) has elapsed and the alien has
failed to secure counsel.
``(c) Service by Mail.--Service by mail under this section
shall be sufficient if there is proof of attempted delivery
to the last address provided by the alien in accordance with
subsection (a)(1)(F).
``(d) Prompt Initiation of Removal.--(1) In the case of an
alien who is convicted of an offense which makes the alien
deportable, the Attorney General shall begin any removal
proceeding as expeditiously as possible after the date of the
conviction.
``(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
``removal proceedings
``Sec. 240. (a) Proceeding.--
``(1) In general.--An immigration judge shall conduct
proceedings for deciding the inadmissibility or deportability
of an alien.
``(2) Charges.--An alien placed in proceedings under this
section may be charged with any applicable ground of
inadmissibility under section 212(a) or any applicable ground
of deportability under section 237(a).
``(3) Exclusive procedures.--Unless otherwise specified in
this Act, a proceeding under this section shall be the sole
and exclusive procedure for determining whether an alien may
be admitted to the United States or, if the alien has been so
admitted, removed from the United States. Nothing in this
section shall affect proceedings conducted pursuant to
section 238.
``(b) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and any
witnesses. The immigration judge may issue subpoenas for the
attendance of witnesses and presentation of evidence. The
immigra
[[Page 2279]]
tion judge shall have authority (under regulations prescribed
by the Attorney General) to sanction by civil money penalty
any action (or inaction) in contempt of the judge's proper
exercise of authority under this Act.
``(2) Form of proceeding.--
``(A) In general.--The proceeding may take place--
``(i) in person,
``(ii) where agreed to by the parties, in the absence of
the alien,
``(iii) through video conference, or
``(iv) subject to subparagraph (B), through telephone
conference.
``(B) Consent required in certain cases.--An evidentiary
hearing on the merits may only be conducted through a
telephone conference with the consent of the alien involved
after the alien has been advised of the right to proceed in
person or through video conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Aliens rights in proceeding.--In proceedings under
this section, under regulations of the Attorney General--
``(A) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of
the alien's choosing who is authorized to practice in such
proceedings,
``(B) the alien shall have a reasonable opportunity to
examine the evidence against the alien, to present evidence
on the alien's own behalf, and to cross-examine witnesses
presented by the Government but these rights shall not
entitle the alien to examine such national security
information as the Government may proffer in opposition to
the alien's admission to the United States or to an
application by the alien for discretionary relief under this
Act, and
``(C) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Consequences of failure to appear.--
``(A) In general.--Any alien who, after written notice
required under paragraph (1) or (2) of section 239(a) has
been provided to the alien or the alien's counsel of record,
does not attend a proceeding under this section, shall be
ordered removed in absentia if the Service establishes by
clear, unequivocal, and convincing evidence that the written
notice was so provided and that the alien is removable (as
defined in subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient for purposes
of this subparagraph if provided at the most recent address
provided under section 239(a)(1)(F).
``(B) No notice if failure to provide address
information.--No written notice shall be required under
subparagraph (A) if the alien has failed to provide the
address required under section 239(a)(1)(F).
``(C) Rescission of order.--Such an order may be rescinded
only--
``(i) upon a motion to reopen filed within 180 days after
the date of the order of removal if the alien demonstrates
that the failure to appear was because of exceptional
circumstances (as defined in subsection (e)(1)), or
``(ii) upon a motion to reopen filed at any time if the
alien demonstrates that the alien did not receive notice in
accordance with paragraph (1) or (2) of section 239(a) or the
alien demonstrates that the alien was in Federal or State
custody and the failure to appear was through no fault of the
alien.
The filing of the motion to reopen described in clause (i) or
(ii) shall stay the removal of the alien pending disposition
of the motion by the immigration judge.
``(D) Effect on judicial review.--Any petition for review
under section 242 of an order entered in absentia under this
paragraph shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of the notice
provided to the alien, (ii) the reasons for the alien's not
attending the proceeding, and (iii) whether or not the alien
is removable.
``(E) Additional application to certain aliens in
contiguous territory.--The preceding provisions of this
paragraph shall apply to all aliens placed in proceedings
under this section, including any alien who remains in a
contiguous foreign territory pursuant to section
235(b)(2)(C).
``(6) Treatment of frivolous behavior.--The Attorney
General shall, by regulation--
``(A) define in a proceeding before an immigration judge or
before an appellate administrative body under this title,
frivolous behavior for which attorneys may be sanctioned,
``(B) specify the circumstances under which an
administrative appeal of a decision or ruling will be
considered frivolous and will be summarily dismissed, and
``(C) impose appropriate sanctions (which may include
suspension and disbarment) in the case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the
authority of the Attorney General to take actions with
respect to inappropriate behavior.
``(7) Limitation on discretionary relief for failure to
appear.--Any alien against whom a final order of removal is
entered in absentia under this subsection and who, at the
time of the notice described in paragraph (1) or (2) of
section 239(a), was provided oral notice, either in the
alien's native language or in another language the alien
understands, of the time and place of the proceedings and of
the consequences under this paragraph of failing, other than
because of exceptional circumstances (as defined in
subsection (e)(1)) to attend a proceeding under this section,
shall not be eligible for relief under section 240A, 240B,
245, 248, or 249 for a period of 10 years after the date of
the entry of the final order of removal.
``(c) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of the proceeding the
immigration judge shall decide whether an alien is removable
from the United States. The determination of the immigration
judge shall be based only on the evidence produced at the
hearing.
``(B) Certain medical decisions.--If a medical officer or
civil surgeon or board of medical officers has certified
under section 232(b) that an alien has a disease, illness, or
addiction which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of the
immigration judge shall be based solely upon such
certification.
``(2) Burden on alien.--In the proceeding the alien has the
burden of establishing--
``(A) if the alien is an applicant for admission, that the
alien is clearly and beyond doubt entitled to be admitted and
is not inadmissible under section 212; or
``(B) by clear and convincing evidence, that the alien is
lawfully present in the United States pursuant to a prior
admission.
In meeting the burden of proof under subparagraph (B), the
alien shall have access to the alien's visa or other entry
document, if any, and any other records and documents, not
considered by the Attorney General to be confidential,
pertaining to the alien's admission or presence in the United
States.
``(3) Burden on service in cases of deportable aliens.--
``(A) In general.--In the proceeding the Service has the
burden of establishing by clear and convincing evidence that,
in the case of an alien who has been admitted to the United
States, the alien is deportable. No decision on deportability
shall be valid unless it is based upon reasonable,
substantial, and probative evidence.
``(B) Proof of convictions.--In any proceeding under this
Act, any of the following documents or records (or a
certified copy of such an official document or record) shall
constitute proof of a criminal conviction:
``(i) An official record of judgment and conviction.
``(ii) An official record of plea, verdict, and sentence.
``(iii) A docket entry from court records that indicates
the existence of the conviction.
``(iv) Official minutes of a court proceeding or a
transcript of a court hearing in which the court takes notice
of the existence of the conviction.
``(v) An abstract of a record of conviction prepared by the
court in which the conviction was entered, or by a State
official associated with the State's repository of criminal
justice records, that indicates the charge or section of law
violated, the disposition of the case, the existence and date
of conviction, and the sentence.
``(vi) Any document or record prepared by, or under the
direction of, the court in which the conviction was entered
that indicates the existence of a conviction.
``(vii) Any document or record attesting to the conviction
that is maintained by an official of a State or Federal penal
institution, which is the basis for that institution's
authority to assume custody of the individual named in the
record.
``(C) Electronic records.--In any proceeding under this
Act, any record of conviction or abstract that has been
submitted by electronic means to the Service from a State or
court shall be admissible as evidence to prove a criminal
conviction if it is--
``(i) certified by a State official associated with the
State's repository of criminal justice records as an official
record from its repository or by a court official from the
court in which the conviction was entered as an official
record from its repository, and
``(ii) certified in writing by a Service official as having
been received electronically from the State's record
repository or the court's record repository.
A certification under clause (i) may be by means of a
computer-generated signature and statement of authenticity.
``(4) Notice.--If the immigration judge decides that the
alien is removable and orders the alien to be removed, the
judge shall inform the alien of the right to appeal that
decision and of the consequences for failure to depart under
the order of removal, including civil and criminal penalties.
``(5) Motions to reconsider.--
``(A) In general.--The alien may file one motion to
reconsider a decision that the alien is removable from the
United States.
``(B) Deadline.--The motion must be filed within 30 days of
the date of entry of a final administrative order of removal.
``(C) Contents.--The motion shall specify the errors of law
or fact in the previous order and shall be supported by
pertinent authority.
``(6) Motions to reopen.--
``(A) In general.--An alien may file one motion to reopen
proceedings under this section.
``(B) Contents.--The motion to reopen shall state the new
facts that will be proven at a hearing to be held if the
motion is granted, and shall be supported by affidavits or
other evidentiary material.
``(C) Deadline.--
[[Page 2280]]
``(i) In general.--Except as provided in this subparagraph,
the motion to reopen shall be filed within 90 days of the
date of entry of a final administrative order of removal.
``(ii) Asylum.--There is no time limit on the filing of a
motion to reopen if the basis of the motion is to apply for
relief under sections 208 or 241(b)(3) and is based on
changed country conditions arising in the country of
nationality or the country to which removal has been ordered,
if such evidence is material and was not available and would
not have been discovered or presented at the previous
proceeding.
``(iii) Failure to appear.--The filing of a motion to
reopen an order entered pursuant to subsection (b)(5) is
subject to the deadline specified in subparagraph (C) of such
subsection.
``(d) Stipulated Removal.--The Attorney General shall
provide by regulation for the entry by an immigration judge
of an order of removal stipulated to by the alien (or the
alien's representative) and the Service. A stipulated order
shall constitute a conclusive determination of the alien's
removability from the United States.
``(e) Definitions.--In this section and section 240A:
``(1) Exceptional circumstances.--The term `exceptional
circumstances' refers to exceptional circumstances (such as
serious illness of the alien or serious illness or death of
the spouse, child, or parent of the alien, but not including
less compelling circumstances) beyond the control of the
alien.
``(2) Removable.--The term `removable' means--
``(A) in the case of an alien not admitted to the United
States, that the alien is inadmissible under section 212, or
``(B) in the case of an alien admitted to the United
States, that the alien is deportable under section 237.
``cancellation of removal; adjustment of status
``Sec. 240A. (a) Cancellation of Removal for Certain
Permanent Residents.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(1) has been an alien lawfully admitted for permanent
residence for not less than 5 years,
``(2) has resided in the United States continuously for 7
years after having been admitted in any status, and
``(3) has not been convicted of any aggravated felony.
``(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(A) has been physically present in the United States for
a continuous period of not less than 10 years immediately
preceding the date of such application;
``(B) has been a person of good moral character during such
period;
``(C) has not been convicted of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3); and
``(D) establishes that removal would result in exceptional
and extremely unusual hardship to the alien's spouse, parent,
or child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
``(2) Special rule for battered spouse or child.--The
Attorney General may cancel removal in the case of an alien
who is inadmissible or deportable from the United States if
the alien demonstrates that--
``(A) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or parent who is a
United States citizen or lawful permanent resident (or is the
parent of a child of a United States citizen or lawful
permanent resident and the child has been battered or
subjected to extreme cruelty in the United States by such
citizen or permanent resident parent);
``(B) the alien has been physically present in the United
States for a continuous period of not less than 3 years
immediately preceding the date of such application;
``(C) the alien has been a person of good moral character
during such period;
``(D) the alien is not inadmissible under paragraph (2) or
(3) of section 212(a), is not deportable under paragraph
(1)(G) or (2) through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
``(E) the removal would result in extreme hardship to the
alien, the alien's child, or (in the case of an alien who is
a child) to the alien's parent.
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.
``(3) Adjustment of status.--The Attorney General may
adjust to the status of an alien lawfully admitted for
permanent residence any alien who the Attorney General
determines meets the requirements of paragraph (1) or (2).
The number of adjustments under this paragraph shall not
exceed 4,000 for any fiscal year. The Attorney General shall
record the alien's lawful admission for permanent residence
as of the date the Attorney General's cancellation of removal
under paragraph (1) or (2) or determination under this
paragraph.
``(c) Aliens Ineligible for Relief.--The provisions of
subsections (a) and (b)(1) shall not apply to any of the
following aliens:
``(1) An alien who entered the United States as a crewman
subsequent to June 30, 1964.
``(2) An alien who was admitted to the United States as a
nonimmigrant exchange alien as defined in section
101(a)(15)(J), or has acquired the status of such a
nonimmigrant exchange alien after admission, in order to
receive graduate medical education or training, regardless of
whether or not the alien is subject to or has fulfilled the
two-year foreign residence requirement of section 212(e).
``(3) An alien who--
``(A) was admitted to the United States as a nonimmigrant
exchange alien as defined in section 101(a)(15)(J) or has
acquired the status of such a nonimmigrant exchange alien
after admission other than to receive graduate medical
education or training,
``(B) is subject to the two-year foreign residence
requirement of section 212(e), and
``(C) has not fulfilled that requirement or received a
waiver thereof.
``(4) An alien who is inadmissible under section 212(a)(3)
or deportable under section 237(a)(4).
``(5) An alien who is described in section 241(b)(3)(B)(i).
``(6) An alien whose removal has previously been cancelled
under this section or whose deportation was suspended under
section 244(a) or who has been granted relief under section
212(c), as such sections were in effect before the date of
the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(d) Special Rules Relating to Continuous Residence or
Physical Presence.--
``(1) Termination of continuous period.--For purposes of
this section, any period of continuous residence or
continuous physical presence in the United States shall be
deemed to end when the alien is served a notice to appear
under section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders the
alien inadmissible to the United States under section
212(a)(2) or removable from the United States under section
237(a)(2) or 237(a)(4), whichever is earliest.
``(2) Treatment of certain breaks in presence.--An alien
shall be considered to have failed to maintain continuous
physical presence in the United States under subsections
(b)(1) and (b)(2) if the alien has departed from the United
States for any period in excess of 90 days or for any periods
in the aggregate exceeding 180 days.
``(3) Continuity not required because of honorable service
in armed forces and presence upon entry into service.--The
requirements of continuous residence or continuous physical
presence in the United States under subsections (a) and (b)
shall not apply to an alien who--
``(A) has served for a minimum period of 24 months in an
active-duty status in the Armed Forces of the United States
and, if separated from such service, was separated under
honorable conditions, and
``(B) at the time of the alien's enlistment or induction
was in the United States.
``(e) Annual Limitation.--The Attorney General may not
cancel the removal and adjust the status under this section,
nor suspend the deportation and adjust the status under
section 244(a) (as in effect before the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996), of a total of more than 4,000 aliens in any fiscal
year. The previous sentence shall apply regardless of when an
alien applied for such cancellation and adjustment and
whether such an alien had previously applied for suspension
of deportation under such section 244(a).
``voluntary departure
``Sec. 240B. (a) Certain Conditions.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense under this subsection, in lieu of being subject to
proceedings under section 240 or prior to the completion of
such proceedings, if the alien is not deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B).
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 120
days.
``(3) Bond.--The Attorney General may require an alien
permitted to depart voluntarily under this subsection to post
a voluntary departure bond, to be surrendered upon proof that
the alien has departed the United States within the time
specified.
``(4) Treatment of aliens arriving in the united states.--
In the case of an alien who is arriving in the United States
and with respect to whom proceedings under section 240 are
(or would otherwise be) initiated at the time of such alien's
arrival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an alien from
withdrawing the application for admission in accordance with
section 235(a)(4).
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense if, at the conclusion of a proceeding under section
240, the immigration judge enters an order granting voluntary
departure in lieu of removal and finds that--
``(A) the alien has been physically present in the United
States for a period of at least one year immediately
preceding the date the notice to appear was served under
section 239(a);
[[Page 2281]]
``(B) the alien is, and has been, a person of good moral
character for at least 5 years immediately preceding the
alien's application for voluntary departure;
``(C) the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4); and
``(D) the alien has established by clear and convincing
evidence that the alien has the means to depart the United
States and intends to do so.
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 60 days.
``(3) Bond.--An alien permitted to depart voluntarily under
this subsection shall be required to post a voluntary
departure bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof that the
alien has departed the United States within the time
specified.
``(c) Aliens Not Eligible.--The Attorney General shall not
permit an alien to depart voluntarily under this section if
the alien was previously permitted to so depart after having
been found inadmissible under section 212(a)(6)(A).
``(d) Civil Penalty for Failure to Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time
period specified, the alien shall be subject to a civil
penalty of not less than $1,000 and not more than $5,000, and
be ineligible for a period of 10 years for any further relief
under this section and sections 240A, 245, 248, and 249. The
order permitting the alien to depart voluntarily shall inform
the alien of the penalties under this subsection.
``(e) Additional Conditions.--The Attorney General may by
regulation limit eligibility for voluntary departure under
this section for any class or classes of aliens. No court may
review any regulation issued under this subsection.
``(f) Judicial Review.--No court shall have jurisdiction
over an appeal from denial of a request for an order of
voluntary departure under subsection (b), nor shall any court
order a stay of an alien's removal pending consideration of
any claim with respect to voluntary departure.''.
(b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C.
1182(c)) is repealed.
(c) Streamlining Removal of Criminal Aliens.--
(1) In general.--Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)),
as amended by section 442(a) of Public Law 104-132 and before
redesignation by section 308(b)(5), is amended--
(A) by striking subparagraph (D);
(B) by amending subparagraph (E) to read as follows:
``(D) a determination is made for the record that the
individual upon whom the notice for the proceeding under this
section is served (either in person or by mail) is, in fact,
the alien named in such notice;''; and
(C) by redesignating subparagraphs (F) and (G) as
subparagraph (E) and (F), respectively.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective as if included in the enactment of section
442(a) of Public Law 104-132.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED
(NEW SECTION 241).
(a) In General.--Title II is further amended--
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C. 1251) as section
237 and by moving such section to immediately follow section
236, and
(3) by inserting after section 240C (as redesignated by
section 304(a)(2)) the following new section:
``detention and removal of aliens ordered removed
``Sec. 241. (a) Detention, Release, and Removal of Aliens
Ordered Removed.--
``(1) Removal period.--
``(A) In general.--Except as otherwise provided in this
section, when an alien is ordered removed, the Attorney
General shall remove the alien from the United States within
a period of 90 days (in this section referred to as the
`removal period').
``(B) Beginning of period.--The removal period begins on
the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the removal order is judicially reviewed and if a
court orders a stay of the removal of the alien, the date of
the court's final order.
``(iii) If the alien is detained or confined (except under
an immigration process), the date the alien is released from
detention or confinement.
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien fails
or refuses to make timely application in good faith for
travel or other documents necessary to the alien's departure
or conspires or acts to prevent the alien's removal subject
to an order of removal.
``(2) Detention.--During the removal period, the Attorney
General shall detain the alien. Under no circumstance during
the removal period shall the Attorney General release an
alien who has been found inadmissible under section 212(a)(2)
or 212(a)(3)(B) or deportable under section 237(a)(2) or
237(a)(4)(B).
``(3) Supervision after 90-day period.--If the alien does
not leave or is not removed within the removal period, the
alien, pending removal, shall be subject to supervision under
regulations prescribed by the Attorney General. The
regulations shall include provisions requiring the alien--
``(A) to appear before an immigration officer periodically
for identification;
``(B) to submit, if necessary, to a medical and psychiatric
examination at the expense of the United States Government;
``(C) to give information under oath about the alien's
nationality, circumstances, habits, associations, and
activities, and other information the Attorney General
considers appropriate; and
``(D) to obey reasonable written restrictions on the
alien's conduct or activities that the Attorney General
prescribes for the alien.
``(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation.--
``(A) In general.--Except as provided in section 343(a) of
the Public Health Service Act (42 U.S.C. 259(a)) and
paragraph (2), the Attorney General may not remove an alien
who is sentenced to imprisonment until the alien is released
from imprisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not a reason
to defer removal.
``(B) Exception for removal of nonviolent offenders prior
to completion of sentence of imprisonment.--The Attorney
General is authorized to remove an alien in accordance with
applicable procedures under this Act before the alien has
completed a sentence of imprisonment--
``(i) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that (I)
the alien is confined pursuant to a final conviction for a
nonviolent offense (other than an offense related to
smuggling or harboring of aliens or an offense described in
section 101(a)(43)(B), (C), (E), (I), or (L) and (II) the
removal of the alien is appropriate and in the best interest
of the United States; or
``(ii) in the case of an alien in the custody of a State
(or a political subdivision of a State), if the chief State
official exercising authority with respect to the
incarceration of the alien determines that (I) the alien is
confined pursuant to a final conviction for a nonviolent
offense (other than an offense described in section
101(a)(43)(C) or (E)), (II) the removal is appropriate and in
the best interest of the State, and (III) submits a written
request to the Attorney General that such alien be so
removed.
``(C) Notice.--Any alien removed pursuant to this paragraph
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens removed under
subparagraph (B).
``(D) No private right.--No cause or claim may be asserted
under this paragraph against any official of the United
States or of any State to compel the release, removal, or
consideration for release or removal of any alien.
``(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Attorney General finds that an
alien has reentered the United States illegally after having
been removed or having departed voluntarily, under an order
of removal, the prior order of removal is reinstated from its
original date and is not subject to being reopened or
reviewed, the alien is not eligible and may not apply for any
relief under this Act, and the alien shall be removed under
the prior order at any time after the reentry.
``(6) Inadmissible or criminal aliens.--An alien ordered
removed who is inadmissible under section 212, removable
under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who
has been determined by the Attorney General to be a risk to
the community or unlikely to comply with the order of
removal, may be detained beyond the removal period and, if
released, shall be subject to the terms of supervision in
paragraph (3).
``(7) Employment authorization.--No alien ordered removed
shall be eligible to receive authorization to be employed in
the United States unless the Attorney General makes a
specific finding that--
``(A) the alien cannot be removed due to the refusal of all
countries designated by the alien or under this section to
receive the alien, or
``(B) the removal of the alien is otherwise impracticable
or contrary to the public interest.
``(b) Countries to Which Aliens May Be Removed.--
``(1) Aliens arriving at the united states.--Subject to
paragraph (3)--
``(A) In general.--Except as provided by subparagraphs (B)
and (C), an alien who arrives at the United States and with
respect to whom proceedings under section 240 were initiated
at the time of such alien's arrival shall be removed to the
country in which the alien boarded the vessel or aircraft on
which the alien arrived in the United States.
``(B) Travel from contiguous territory.--If the alien
boarded the vessel or aircraft on which the alien arrived in
the United States in a foreign territory contiguous to the
United States, an island adjacent to the United States, or an
island adjacent to a foreign territory contiguous to the
United States, and the alien is not a native, citizen,
subject, or national of, or does not reside in, the territory
or island, removal shall be to the country in which the alien
boarded the vessel that transported the alien to the
territory or island.
``(C) Alternative countries.--If the government of the
country designated in subparagraph (A) or (B) is unwilling to
accept the alien into that country's territory, removal shall
be to any of the following countries, as directed by the
Attorney General:
``(i) The country of which the alien is a citizen, subject,
or national.
[[Page 2282]]
``(ii) The country in which the alien was born.
``(iii) The country in which the alien has a residence.
``(iv) A country with a government that will accept the
alien into the country's territory if removal to each country
described in a previous clause of this subparagraph is
impracticable, inadvisable, or impossible.
``(2) Other aliens.--Subject to paragraph (3)--
``(A) Selection of country by alien.--Except as otherwise
provided in this paragraph--
``(i) any alien not described in paragraph (1) who has been
ordered removed may designate one country to which the alien
wants to be removed, and
``(ii) the Attorney General shall remove the alien to the
country the alien so designates.
``(B) Limitation on designation.--An alien may designate
under subparagraph (A)(i) a foreign territory contiguous to
the United States, an adjacent island, or an island adjacent
to a foreign territory contiguous to the United States as the
place to which the alien is to be removed only if the alien
is a native, citizen, subject, or national of, or has resided
in, that designated territory or island.
``(C) Disregarding designation.--The Attorney General may
disregard a designation under subparagraph (A)(i) if--
``(i) the alien fails to designate a country promptly;
``(ii) the government of the country does not inform the
Attorney General finally, within 30 days after the date the
Attorney General first inquires, whether the government will
accept the alien into the country;
``(iii) the government of the country is not willing to
accept the alien into the country; or
``(iv) the Attorney General decides that removing the alien
to the country is prejudicial to the United States.
``(D) Alternative country.--If an alien is not removed to a
country designated under subparagraph (A)(i), the Attorney
General shall remove the alien to a country of which the
alien is a subject, national, or citizen unless the
government of the country--
``(i) does not inform the Attorney General or the alien
finally, within 30 days after the date the Attorney General
first inquires or within another period of time the Attorney
General decides is reasonable, whether the government will
accept the alien into the country; or
``(ii) is not willing to accept the alien into the country.
``(E) Additional removal countries.--If an alien is not
removed to a country under the previous subparagraphs of this
paragraph, the Attorney General shall remove the alien to any
of the following countries:
``(i) The country from which the alien was admitted to the
United States.
``(ii) The country in which is located the foreign port
from which the alien left for the United States or for a
foreign territory contiguous to the United States.
``(iii) A country in which the alien resided before the
alien entered the country from which the alien entered the
United States.
``(iv) The country in which the alien was born.
``(v) The country that had sovereignty over the alien's
birthplace when the alien was born.
``(vi) The country in which the alien's birthplace is
located when the alien is ordered removed.
``(vii) If impracticable, inadvisable, or impossible to
remove the alien to each country described in a previous
clause of this subparagraph, another country whose government
will accept the alien into that country.
``(F) Removal country when united states is at war.--When
the United States is at war and the Attorney General decides
that it is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this subsection because
of the war, the Attorney General may remove the alien--
``(i) to the country that is host to a government in exile
of the country of which the alien is a citizen or subject if
the government of the host country will permit the alien's
entry; or
``(ii) if the recognized government of the country of which
the alien is a citizen or subject is not in exile, to a
country, or a political or territorial subdivision of a
country, that is very near the country of which the alien is
a citizen or subject, or, with the consent of the government
of the country of which the alien is a citizen or subject, to
another country.
``(3) Restriction on removal to a country where alien's
life or freedom would be threatened.--
``(A) In general.--Notwithstanding paragraphs (1) and (2),
the Attorney General may not remove an alien to a country if
the Attorney General decides that the alien's life or freedom
would be threatened in that country because of the alien's
race, religion, nationality, membership in a particular
social group, or political opinion.
``(B) Exception.--Subparagraph (A) does not apply to an
alien deportable under section 237(a)(4)(D) or if the
Attorney General decides that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of an individual because of
the individual's race, religion, nationality, membership in a
particular social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime is a danger to the community
of the United States;
``(iii) there are serious reasons to believe that the alien
committed a serious nonpolitical crime outside the United
States before the alien arrived in the United States; or
``(iv) there are reasonable grounds to believe that the
alien is a danger to the security of the United States.
For purposes of clause (ii), an alien who has been convicted
of an aggravated felony (or felonies) for which the alien has
been sentenced to an aggregate term of imprisonment of at
least 5 years shall be considered to have committed a
particularly serious crime. The previous sentence shall not
preclude the Attorney General from determining that,
notwithstanding the length of sentence imposed, an alien has
been convicted of a particularly serious crime. For purposes
of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect
to whom there are reasonable grounds for regarding as a
danger to the security of the United States.
``(c) Removal of Aliens Arriving at Port of Entry.--
``(1) Vessels and aircraft.--An alien arriving at a port of
entry of the United States who is ordered removed either
without a hearing under section 235(b)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival shall be removed immediately on
a vessel or aircraft owned by the owner of the vessel or
aircraft on which the alien arrived in the United States,
unless--
``(A) it is impracticable to remove the alien on one of
those vessels or aircraft within a reasonable time, or
``(B) the alien is a stowaway--
``(i) who has been ordered removed in accordance with
section 235(a)(1),
``(ii) who has requested asylum, and
``(iii) whose application has not been adjudicated or whose
asylum application has been denied but who has not exhausted
all appeal rights.
``(2) Stay of removal.--
``(A) In general.--The Attorney General may stay the
removal of an alien under this subsection if the Attorney
General decides that--
``(i) immediate removal is not practicable or proper; or
``(ii) the alien is needed to testify in the prosecution of
a person for a violation of a law of the United States or of
any State.
``(B) Payment of detention costs.--During the period an
alien is detained because of a stay of removal under
subparagraph (A)(ii), the Attorney General may pay from the
appropriation `Immigration and Naturalization Service--
Salaries and Expenses'--
``(i) the cost of maintenance of the alien; and
``(ii) a witness fee of $1 a day.
``(C) Release during stay.--The Attorney General may
release an alien whose removal is stayed under subparagraph
(A)(ii) on--
``(i) the alien's filing a bond of at least $500 with
security approved by the Attorney General;
``(ii) condition that the alien appear when required as a
witness and for removal; and
``(iii) other conditions the Attorney General may
prescribe.
``(3) Costs of detention and maintenance pending removal.--
``(A) In general.--Except as provided in subparagraph (B)
and subsection (d), an owner of a vessel or aircraft bringing
an alien to the United States shall pay the costs of
detaining and maintaining the alien--
``(i) while the alien is detained under subsection (d)(1),
and
``(ii) in the case of an alien who is a stowaway, while the
alien is being detained pursuant to--
``(I) subsection (d)(2)(A) or (d)(2)(B)(i),
``(II) subsection (d)(2)(B) (ii) or (iii) for the period of
time reasonably necessary for the owner to arrange for
repatriation or removal of the stowaway, including obtaining
necessary travel documents, but not to extend beyond the date
on which it is ascertained that such travel documents cannot
be obtained from the country to which the stowaway is to be
returned, or
``(III) section 235(b)(1)(B)(ii), for a period not to
exceed 15 days (excluding Saturdays, Sundays, and holidays)
commencing on the first such day which begins on the earlier
of 72 hours after the time of the initial presentation of the
stowaway for inspection or at the time the stowaway is
determined to have a credible fear of persecution.
``(B) Nonapplication.--Subparagraph (A) shall not apply
if--
``(i) the alien is a crewmember;
``(ii) the alien has an immigrant visa;
``(iii) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States and applies for admission not
later than 120 days after the date the visa or documentation
was issued;
``(iv) the alien has a reentry permit and applies for
admission not later than 120 days after the date of the
alien's last inspection and admission;
``(v)(I) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States or a reentry permit;
``(II) the alien applies for admission more than 120 days
after the date the visa or documentation was issued or after
the date of the last inspection and admission under the
reentry permit; and
``(III) the owner of the vessel or aircraft satisfies the
Attorney General that the ex
[[Page 2283]]
istence of the condition relating to inadmissibility could
not have been discovered by exercising reasonable care before
the alien boarded the vessel or aircraft; or
``(vi) the individual claims to be a national of the United
States and has a United States passport.
``(d) Requirements of Persons Providing Transportation.--
``(1) Removal at time of arrival.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft bringing an alien (except an alien
crewmember) to the United States shall--
``(A) receive an alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests if the alien is ordered removed under this part;
and
``(B) take the alien to the foreign country to which the
alien is ordered removed.
``(2) Alien stowaways.--An owner, agent, master, commanding
officer, charterer, or consignee of a vessel or aircraft
arriving in the United States with an alien stowaway--
``(A) shall detain the alien on board the vessel or
aircraft, or at such place as the Attorney General shall
designate, until completion of the inspection of the alien by
an immigration officer;
``(B) may not permit the stowaway to land in the United
States, except pursuant to regulations of the Attorney
General temporarily--
``(i) for medical treatment,
``(ii) for detention of the stowaway by the Attorney
General, or
``(iii) for departure or removal of the stowaway; and
``(C) if ordered by an immigration officer, shall remove
the stowaway on the vessel or aircraft or on another vessel
or aircraft.
The Attorney General shall grant a timely request to remove
the stowaway under subparagraph (C) on a vessel or aircraft
other than that on which the stowaway arrived if the
requester has obtained any travel documents necessary for
departure or repatriation of the stowaway and removal of the
stowaway will not be unreasonably delayed.
``(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel, aircraft, or other transportation line shall comply
with an order of the Attorney General to take on board, guard
safely, and transport to the destination specified any alien
ordered to be removed under this Act.
``(e) Payment of Expenses of Removal.--
``(1) Costs of removal at time of arrival.--In the case of
an alien who is a stowaway or who is ordered removed either
without a hearing under section 235(a)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival, the owner of the vessel or
aircraft (if any) on which the alien arrived in the United
States shall pay the transportation cost of removing the
alien. If removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien arrived in
the United States, the Attorney General may--
``(A) pay the cost from the appropriation `Immigration and
Naturalization Service--Salaries and Expenses'; and
``(B) recover the amount of the cost in a civil action from
the owner, agent, or consignee of the vessel or aircraft (if
any) on which the alien arrived in the United States.
``(2) Costs of removal to port of removal for aliens
admitted or permitted to land.--In the case of an alien who
has been admitted or permitted to land and is ordered
removed, the cost (if any) of removal of the alien to the
port of removal shall be at the expense of the appropriation
for the enforcement of this Act.
``(3) Costs of removal from port of removal for aliens
admitted or permitted to land.--
``(A) Through appropriation.--Except as provided in
subparagraph (B), in the case of an alien who has been
admitted or permitted to land and is ordered removed, the
cost (if any) of removal of the alien from the port of
removal shall be at the expense of the appropriation for the
enforcement of this Act.
``(B) Through owner.--
``(i) In general.--In the case of an alien described in
clause (ii), the cost of removal of the alien from the port
of removal may be charged to any owner of the vessel,
aircraft, or other transportation line by which the alien
came to the United States.
``(ii) Aliens described.--An alien described in this clause
is an alien who--
``(I) is admitted to the United States (other than lawfully
admitted for permanent residence) and is ordered removed
within 5 years of the date of admission based on a ground
that existed before or at the time of admission, or
``(II) is an alien crewman permitted to land temporarily
under section 252 and is ordered removed within 5 years of
the date of landing.
``(C) Costs of removal of certain aliens granted voluntary
departure.--In the case of an alien who has been granted
voluntary departure under section 240B and who is financially
unable to depart at the alien's own expense and whose removal
the Attorney General deems to be in the best interest of the
United States, the expense of such removal may be paid from
the appropriation for the enforcement of this Act.
``(f) Aliens Requiring Personal Care During Removal.--
``(1) In general.--If the Attorney General believes that an
alien being removed requires personal care because of the
alien's mental or physical condition, the Attorney General
may employ a suitable person for that purpose who shall
accompany and care for the alien until the alien arrives at
the final destination.
``(2) Costs.--The costs of providing the service described
in paragraph (1) shall be defrayed in the same manner as the
expense of removing the accompanied alien is defrayed under
this section.
``(g) Places of Detention.--
``(1) In general.--The Attorney General shall arrange for
appropriate places of detention for aliens detained pending
removal or a decision on removal. When United States
Government facilities are unavailable or facilities adapted
or suitably located for detention are unavailable for rental,
the Attorney General may expend from the appropriation
`Immigration and Naturalization Service--Salaries and
Expenses', without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5), amounts necessary to acquire land and
to acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers if not
otherwise available) necessary for detention.
``(2) Detention facilities of the immigration and
naturalization service.--Prior to initiating any project for
the construction of any new detention facility for the
Service, the Commissioner shall consider the availability for
purchase or lease of any existing prison, jail, detention
center, or other comparable facility suitable for such use.
``(h) Statutory Construction.--Nothing in this section
shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any
other person.''.
(b) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended
by section 321(b), is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3), and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission
of the Attorney General, enters, attempts to enter, or is at
any time found in, the United States (unless the Attorney
General has expressly consented to such alien's reentry)
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(c) Miscellaneous Conforming Amendment.--Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a), is
amended by striking ``241(a)(5)(B)'' each place it appears
and inserting ``237(a)(5)(B)''.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).
(a) In General.--Section 242 (8 U.S.C. 1252) is amended--
(1) by redesignating subsection (j) as subsection (i) and
by moving such subsection and adding it at the end of section
241, as inserted by section 305(a)(3); and
(2) by amending the remainder of section 242 to read as
follows:
``judicial review of orders of removal
``Sec. 242. (a) Applicable Provisions.--
``(1) General orders of removal.--Judicial review of a
final order of removal (other than an order of removal
without a hearing pursuant to section 235(b)(1)) is governed
only by chapter 158 of title 28 of the United States Code,
except as provided in subsection (b) and except that the
court may not order the taking of additional evidence under
section 2347(c) of such title.
``(2) Matters not subject to judicial review.--
``(A) Review relating to section 235(b)(1).--
Notwithstanding any other provision of law, no court shall
have jurisdiction to review--
``(i) except as provided in subsection (e), any individual
determination or to entertain any other cause or claim
arising from or relating to the implementation or operation
of an order of removal pursuant to section 235(b)(1),
``(ii) except as provided in subsection (e), a decision by
the Attorney General to invoke the provisions of such
section,
``(iii) the application of such section to individual
aliens, including the determination made under section
235(b)(1)(B), or
``(iv) except as provided in subsection (e), procedures and
policies adopted by the Attorney General to implement the
provisions of section 235(b)(1).
``(B) Denials of discretionary relief.--Notwithstanding any
other provision of law, no court shall have jurisdiction to
review--
``(i) any judgment regarding the granting of relief under
section 212(h), 212(i), 240A, 240B, or 245, or
``(ii) any other decision or action of the Attorney General
the authority for which is specified under this title to be
in the discretion of the Attorney General, other than the
granting of relief under section 208(a).
``(C) Orders against criminal aliens.--Notwithstanding any
other provision of law, no court shall have jurisdiction to
review any final order of removal against an alien who is
removable by reason of having committed a criminal offense
covered in section 212(a)(2) or 237(a)(2)(A)(iii), (B), (C),
or (D), or any offense covered by section 237(a)(2)(A)(ii)
for which both predicate offenses are, without regard to
their date of commission, otherwise covered by section
237(a)(2)(A)(i).
``(3) Treatment of certain decisions.--No alien shall have
a right to appeal from a decision of an immigration judge
which is based solely on a certification described in section
240(c)(1)(B).
[[Page 2284]]
``(b) Requirements for Review of Orders of Removal.--With
respect to review of an order of removal under subsection
(a)(1), the following requirements apply:
``(1) Deadline.--The petition for review must be filed not
later than 30 days after the date of the final order of
removal.
``(2) Venue and forms.--The petition for review shall be
filed with the court of appeals for the judicial circuit in
which the immigration judge completed the proceedings. The
record and briefs do not have to be printed. The court of
appeals shall review the proceeding on a typewritten record
and on typewritten briefs.
``(3) Service.--
``(A) In general.--The respondent is the Attorney General.
The petition shall be served on the Attorney General and on
the officer or employee of the Service in charge of the
Service district in which the final order of removal under
section 240 was entered.
``(B) Stay of order.--Service of the petition on the
officer or employee does not stay the removal of an alien
pending the court's decision on the petition, unless the
court orders otherwise.
``(C) Alien's brief.--The alien shall serve and file a
brief in connection with a petition for judicial review not
later than 40 days after the date on which the administrative
record is available, and may serve and file a reply brief not
later than 14 days after service of the brief of the Attorney
General, and the court may not extend these deadlines except
upon motion for good cause shown. If an alien fails to file a
brief within the time provided in this paragraph, the court
shall dismiss the appeal unless a manifest injustice would
result.
``(4) Scope and standard for review.--Except as provided in
paragraph (5)(B)--
``(A) the court of appeals shall decide the petition only
on the administrative record on which the order of removal is
based,
``(B) the administrative findings of fact are conclusive
unless any reasonable adjudicator would be compelled to
conclude to the contrary,
``(C) a decision that an alien is not eligible for
admission to the United States is conclusive unless
manifestly contrary to law, and
``(D) the Attorney General's discretionary judgment whether
to grant relief under section 208(a) shall be conclusive
unless manifestly contrary to the law and an abuse of
discretion.
``(5) Treatment of nationality claims.--
``(A) Court determination if no issue of fact.--If the
petitioner claims to be a national of the United States and
the court of appeals finds from the pleadings and affidavits
that no genuine issue of material fact about the petitioner's
nationality is presented, the court shall decide the
nationality claim.
``(B) Transfer if issue of fact.--If the petitioner claims
to be a national of the United States and the court of
appeals finds that a genuine issue of material fact about the
petitioner's nationality is presented, the court shall
transfer the proceeding to the district court of the United
States for the judicial district in which the petitioner
resides for a new hearing on the nationality claim and a
decision on that claim as if an action had been brought in
the district court under section 2201 of title 28, United
States Code.
``(C) Limitation on determination.--The petitioner may have
such nationality claim decided only as provided in this
paragraph.
``(6) Consolidation with review of motions to reopen or
reconsider.--When a petitioner seeks review of an order under
this section, any review sought of a motion to reopen or
reconsider the order shall be consolidated with the review of
the order.
``(7) Challenge to validity of orders in certain criminal
proceedings.--
``(A) In general.--If the validity of an order of removal
has not been judicially decided, a defendant in a criminal
proceeding charged with violating section 243(a) may
challenge the validity of the order in the criminal
proceeding only by filing a separate motion before trial. The
district court, without a jury, shall decide the motion
before trial.
``(B) Claims of united states nationality.--If the
defendant claims in the motion to be a national of the United
States and the district court finds that--
``(i) no genuine issue of material fact about the
defendant's nationality is presented, the court shall decide
the motion only on the administrative record on which the
removal order is based and the administrative findings of
fact are conclusive if supported by reasonable, substantial,
and probative evidence on the record considered as a whole;
or
``(ii) a genuine issue of material fact about the
defendant's nationality is presented, the court shall hold a
new hearing on the nationality claim and decide that claim as
if an action had been brought under section 2201 of title 28,
United States Code.
The defendant may have such nationality claim decided only as
provided in this subparagraph.
``(C) Consequence of invalidation.--If the district court
rules that the removal order is invalid, the court shall
dismiss the indictment for violation of section 243(a). The
United States Government may appeal the dismissal to the
court of appeals for the appropriate circuit within 30 days
after the date of the dismissal.
``(D) Limitation on filing petitions for review.--The
defendant in a criminal proceeding under section 243(a) may
not file a petition for review under subsection (a) during
the criminal proceeding.
``(8) Construction.--This subsection--
``(A) does not prevent the Attorney General, after a final
order of removal has been issued, from detaining the alien
under section 241(a);
``(B) does not relieve the alien from complying with
section 241(a)(4) and section 243(g); and
``(C) does not require the Attorney General to defer
removal of the alien.
``(9) Consolidation of questions for judicial review.--
Judicial review of all questions of law and fact, including
interpretation and application of constitutional and
statutory provisions, arising from any action taken or
proceeding brought to remove an alien from the United States
under this title shall be available only in judicial review
of a final order under this section.
``(c) Requirements for Petition.--A petition for review or
for habeas corpus of an order of removal--
``(1) shall attach a copy of such order, and
``(2) shall state whether a court has upheld the validity
of the order, and, if so, shall state the name of the court,
the date of the court's ruling, and the kind of proceeding.
``(d) Review of Final Orders.--A court may review a final
order of removal only if--
``(1) the alien has exhausted all administrative remedies
available to the alien as of right, and
``(2) another court has not decided the validity of the
order, unless the reviewing court finds that the petition
presents grounds that could not have been presented in the
prior judicial proceeding or that the remedy provided by the
prior proceeding was inadequate or ineffective to test the
validity of the order.
``(e) Judicial Review of Orders Under Section 235(b)(1).--
``(1) Limitations on relief.--Without regard to the nature
of the action or claim and without regard to the identity of
the party or parties bringing the action, no court may--
``(A) enter declaratory, injunctive, or other equitable
relief in any action pertaining to an order to exclude an
alien in accordance with section 235(b)(1) except as
specifically authorized in a subsequent paragraph of this
subsection, or
``(B) certify a class under Rule 23 of the Federal Rules of
Civil Procedure in any action for which judicial review is
authorized under a subsequent paragraph of this subsection.
``(2) Habeas corpus proceedings.--Judicial review of any
determination made under section 235(b)(1) is available in
habeas corpus proceedings, but shall be limited to
determinations of--
``(A) whether the petitioner is an alien,
``(B) whether the petitioner was ordered removed under such
section, and
``(C) whether the petitioner can prove by a preponderance
of the evidence that the petitioner is an alien lawfully
admitted for permanent residence, has been admitted as a
refugee under section 207, or has been granted asylum under
section 208, such status not having been terminated, and is
entitled to such further inquiry as prescribed by the
Attorney General pursuant to section 235(b)(1)(C).
``(3) Challenges on validity of the system.--
``(A) In general.--Judicial review of determinations under
section 235(b) and its implementation is available in an
action instituted in the United States District Court for the
District of Columbia, but shall be limited to determinations
of--
``(i) whether such section, or any regulation issued to
implement such section, is constitutional; or
``(ii) whether such a regulation, or a written policy
directive, written policy guideline, or written procedure
issued by or under the authority of the Attorney General to
implement such section, is not consistent with applicable
provisions of this title or is otherwise in violation of law.
``(B) Deadlines for bringing actions.--Any action
instituted under this paragraph must be filed no later than
60 days after the date the challenged section, regulation,
directive, guideline, or procedure described in clause (i) or
(ii) of subparagraph (A) is first implemented.
``(C) Notice of appeal.--A notice of appeal of an order
issued by the District Court under this paragraph may be
filed not later than 30 days after the date of issuance of
such order.
``(D) Expeditious consideration of cases.--It shall be the
duty of the District Court, the Court of Appeals, and the
Supreme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the
disposition of any case considered under this paragraph.
``(4) Decision.--In any case where the court determines
that the petitioner--
``(A) is an alien who was not ordered removed under section
235(b)(1), or
``(B) has demonstrated by a preponderance of the evidence
that the alien is an alien lawfully admitted for permanent
residence, has been admitted as a refugee under section 207,
or has been granted asylum under section 208,
the court may order no remedy or relief other than to require
that the petitioner be provided a hearing in accordance with
section 240. Any alien who is provided a hearing under
section 240 pursuant to this paragraph may thereafter obtain
judicial review of any resulting final order of removal
pursuant to subsection (a)(1).
[[Page 2285]]
``(5) Scope of inquiry.--In determining whether an alien
has been ordered removed under section 235(b)(1), the court's
inquiry shall be limited to whether such an order in fact was
issued and whether it relates to the petitioner. There shall
be no review of whether the alien is actually inadmissible or
entitled to any relief from removal.
``(f) Limit on Injunctive Relief.--
(1) In general.--Regardless of the nature of the action or
claim or of the identity of the party or parties bringing the
action, no court (other than the Supreme Court) shall have
jurisdiction or authority to enjoin or restrain the operation
of the provisions of chapter 4 of title II, as amended by the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, other than with respect to the application of such
provisions to an individual alien against whom proceedings
under such chapter have been initiated.
(2) Particular cases.--Notwithstanding any other provision
of law, no court shall enjoin the removal of any alien
pursuant to a final order under this section unless the alien
shows by clear and convincing evidence that the entry or
execution of such order is prohibited as a matter of law.
``(g) Exclusive Jurisdiction.--Except as provided in this
section and notwithstanding any other provision of law, no
court shall have jurisdiction to hear any cause or claim by
or on behalf of any alien arising from the decision or action
by the Attorney General to commence proceedings, adjudicate
cases, or execute removal orders against any alien under this
Act.''.
(b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is
repealed.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsections (a) and (b) shall apply to all final
orders of deportation or removal and motions to reopen filed
on or after the date of the enactment of this Act and
subsection (g) of section 242 of the Immigration and
Nationality Act (as added by subsection (a)), shall apply
without limitation to claims arising from all past, pending,
or future exclusion, deportation, or removal proceedings
under such Act.
(2) Limitation.--Paragraph (1) shall not be considered to
invalidate or to require the reconsideration of any judgment
or order entered under section 106 of the Immigration and
Nationality Act, as amended by section 440 of Public Law 104-
132.
(d) Technical Amendment.--Effective as if included in the
enactment of the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104-132), subsections (a), (c), (d),
(g), and (h) of section 440 of such Act are amended by
striking ``any offense covered by section 241(a)(2)(A)(ii)
for which both predicate offenses are covered by section
241(a)(2)(A)(i)'' and inserting ``any offense covered by
section 241(a)(2)(A)(ii) for which both predicate offenses
are, without regard to the date of their commission,
otherwise covered by section 241(a)(2)(A)(i)''.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION
243).
(a) In General.--Section 243 (8 U.S.C. 1253) is amended to
read as follows:
``penalties related to removal
``Sec. 243. (a) Penalty for Failure to Depart.--
``(1) In general.--Any alien against whom a final order of
removal is outstanding by reason of being a member of any of
the classes described in section 237(a), who--
``(A) willfully fails or refuses to depart from the United
States within a period of 90 days from the date of the final
order of removal under administrative processes, or if
judicial review is had, then from the date of the final order
of the court,
``(B) willfully fails or refuses to make timely application
in good faith for travel or other documents necessary to the
alien's departure,
``(C) connives or conspires, or takes any other action,
designed to prevent or hamper or with the purpose of
preventing or hampering the alien's departure pursuant to
such, or
``(D) willfully fails or refuses to present himself or
herself for removal at the time and place required by the
Attorney General pursuant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if the alien
is a member of any of the classes described in paragraph
(1)(E), (2), (3), or (4) of section 237(a)), or both.
``(2) Exception.--It is not a violation of paragraph (1) to
take any proper steps for the purpose of securing
cancellation of or exemption from such order of removal or
for the purpose of securing the alien's release from
incarceration or custody.
``(3) Suspension.--The court may for good cause suspend the
sentence of an alien under this subsection and order the
alien's release under such conditions as the court may
prescribe. In determining whether good cause has been shown
to justify releasing the alien, the court shall take into
account such factors as--
``(A) the age, health, and period of detention of the
alien;
``(B) the effect of the alien's release upon the national
security and public peace or safety;
``(C) the likelihood of the alien's resuming or following a
course of conduct which made or would make the alien
deportable;
``(D) the character of the efforts made by such alien
himself and by representatives of the country or countries to
which the alien's removal is directed to expedite the alien's
departure from the United States;
``(E) the reason for the inability of the Government of the
United States to secure passports, other travel documents, or
removal facilities from the country or countries to which the
alien has been ordered removed; and
``(F) the eligibility of the alien for discretionary relief
under the immigration laws.
``(b) Willful Failure to Comply with Terms of Release Under
Supervision.--An alien who shall willfully fail to comply
with regulations or requirements issued pursuant to section
241(a)(3) or knowingly give false information in response to
an inquiry under such section shall be fined not more than
$1,000 or imprisoned for not more than one year, or both.
``(c) Penalties Relating to Vessels and Aircraft.--
``(1) Civil penalties.--
``(A) Failure to carry out certain orders.--If the Attorney
General is satisfied that a person has violated subsection
(d) or (e) of section 241, the person shall pay to the
Commissioner the sum of $2,000 for each violation.
``(B) Failure to remove alien stowaways.--If the Attorney
General is satisfied that a person has failed to remove an
alien stowaway as required under section 241(d)(2), the
person shall pay to the Commissioner the sum of $5,000 for
each alien stowaway not removed.
``(C) No compromise.--The Attorney General may not
compromise the amount of such penalty under this paragraph.
``(2) Clearing vessels and aircraft.--
``(A) Clearance before decision on liability.--A vessel or
aircraft may be granted clearance before a decision on
liability is made under paragraph (1) only if a bond approved
by the Attorney General or an amount sufficient to pay the
civil penalty is deposited with the Commissioner.
``(B) Prohibition on clearance while penalty unpaid.--A
vessel or aircraft may not be granted clearance if a civil
penalty imposed under paragraph (1) is not paid.
``(d) Discontinuing Granting Visas to Nationals of Country
Denying or Delaying Accepting Alien.--On being notified by
the Attorney General that the government of a foreign country
denies or unreasonably delays accepting an alien who is a
citizen, subject, national, or resident of that country after
the Attorney General asks whether the government will accept
the alien under this section, the Secretary of State shall
order consular officers in that foreign country to
discontinue granting immigrant visas or nonimmigrant visas,
or both, to citizens, subjects, nationals, and residents of
that country until the Attorney General notifies the
Secretary that the country has accepted the alien.''.
SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER
PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.
(a) Conforming Amendment to Table of Contents; Overview of
Reorganized Chapters.--The table of contents, as amended by
sections 123(b) and 851(d)(1), is amended--
(1) by striking the item relating to section 106, and
(2) by striking the item relating to chapter 4 of title II
and all that follows through the item relating to section
244A and inserting the following:
``chapter 4--inspection, apprehension, examination, exclusion, and
removal
``Sec. 231. Lists of alien and citizen passengers arriving or
departing; record of resident aliens and citizens leaving
permanently for foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent
islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil
aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for hearing.
``Sec. 235A. Preinspection at foreign airports.
``Sec. 236. Apprehension and detention of aliens not lawfully in the
United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing
aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered
removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.
``chapter 5--adjustment and change of status''.
(b) Reorganization of Other Provisions.--Chapters 4 and 5
of title II are amended as follows:
(1) Amending chapter heading.--Amend the heading for
chapter 4 of title II to read as follows:
``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal''.
(2) Redesignating section 232 as section 232(a).--Amend
section 232 (8 U.S.C. 1222)--
[[Page 2286]]
(A) by inserting ``(a) Detention of Aliens.--'' after
``Sec. 232.'', and
(B) by amending the section heading to read as follows:
``detention of aliens for physical and mental examination''.
(3) Redesignating section 234 as section 232(b).--Amend
section 234 (8 U.S.C. 1224)--
(A) by striking the heading,
(B) by striking ``Sec. 234.'' and inserting the following:
``(b) Physical and Mental Examination.--'', and
(C) by moving such provision to the end of section 232.
(4) Redesignating section 238 as section 233.--Redesignate
section 238 (8 U.S.C. 1228) as section 233 and move the
section to immediately follow section 232.
(5) Redesignating section 242a as section 238.--Redesignate
section 242A as section 238, strike ``deportation'' in its
heading and insert ``removal'', and move the section to
immediately follow section 237 (as redesignated by section
305(a)(2)).
(6) Striking section 242b.--Strike section 242B (8 U.S.C.
1252b).
(7) Striking section 244 and redesignating section 244a as
section 244.--Strike section 244 (8 U.S.C. 1254) and
redesignate section 244A as section 244.
(8) Amending chapter heading.--Amend the heading for
chapter 5 of title II to read as follows:
``Chapter 5--Adjustment and Change of Status''.
(c) Additional Conforming Amendments.--
(1) Expedited procedures for aggravated felons (former
section 242a).--Section 238 (which, previous to redesignation
under section 308(b)(5), was section 242A) is amended--
(A) in subsection (a)(1), by striking ``section 242'' and
inserting ``section 240'';
(B) in subsection (a)(2), by striking ``section 242(a)(2)''
and inserting ``section 236(c)''; and
(C) in subsection (b)(1), by striking ``section
241(a)(2)(A)(iii)'' and inserting ``section
237(a)(2)(A)(iii)''.
(2) Treatment of certain helpless aliens.--
(A) Certification of helpless aliens.--Section 232 (8
U.S.C. 1222), as amended by section 308(b)(2), is further
amended by adding at the end the following new subsection:
``(c) Certification of Certain Helpless Aliens.--If an
examining medical officer determines that an alien arriving
in the United States is inadmissible, is helpless from
sickness, mental or physical disability, or infancy, and is
accompanied by another alien whose protection or guardianship
may be required, the officer may certify such fact for
purposes of applying section 212(a)(10)(B) with respect to
the other alien.''.
(B) Ground of inadmissibility for protection and
guardianship of aliens denied admission for health or
infancy.--Subparagraph (B) of section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section 301(a)(1), is
amended to read as follows:
``(B) Guardian required to accompany helpless alien.--Any
alien--
``(i) who is accompanying another alien who is inadmissible
and who is certified to be helpless from sickness, mental or
physical disability, or infancy pursuant to section 232(c),
and
``(ii) whose protection or guardianship is determined to be
required by the alien described in clause (i),
is inadmissible.''.
(3) Contingent consideration in relation to removal of
aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
(A) by inserting ``(1)'' after ``(a)'', and
(B) by adding at the end the following new paragraph:
``(2) It is unlawful for an owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft who is bringing an alien (except an
alien crewmember) to the United States to take any
consideration to be kept or returned contingent on whether an
alien is admitted to, or ordered removed from, the United
States.''.
(4) Clarification.--(A) Section 238(a)(1), which, previous
to redesignation under section 308(b)(5), was section
242A(a)(1), is amended by adding at the end the following:
``Nothing in this section shall be construed to create any
substantive or procedural right or benefit that is legally
enforceable by any party against the United States or its
agencies or officers or any other person.''.
(B) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416), as
amended by section 851(b)(15), is amended by striking ``and
nothing in'' and all that follows up to ``shall''.
(d) Additional Conforming Amendments Relating to Exclusion
and Inadmissibility.--
(1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is
amended--
(A) in the heading, by striking ``excluded from'' and
inserting ``ineligible for'';
(B) in the matter in subsection (a) before paragraph (1),
by striking all that follows ``(a)'' and inserting the
following: ``Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:'';
(C) in subsection (a), by striking ``is excludable'' and
inserting ``is inadmissible'' each place it appears;
(D) in subsections (a)(5)(C) (before redesignation by
section 343(c)(1), (d)(1), (k), by striking ``exclusion'' and
inserting ``inadmissibility'';
(E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by
striking ``excludable'' each place it appears and inserting
``inadmissible'';
(F) in subsection (b)(2), by striking ``or ineligible for
entry'';
(G) in subsection (d)(7), by striking ``excluded from'' and
inserting ``denied''; and
(H) in subsection (h)(1)(B), by striking ``exclusion'' and
inserting ``denial of admission''.
(2) Section 241.--Section 241 (8 U.S.C. 1251), before
redesignation as section 237 by section 305(a)(2), is
amended--
(A) in subsection (a)(1)(H), by striking ``excludable'' and
inserting ``inadmissible'';
(B) in subsection (a)(4)(C)(ii), by striking
``excludability'' and inserting ``inadmissibility'';
(C) in subsection (c), by striking ``exclusion'' and
inserting ``inadmissibility''; and
(D) effective upon enactment of this Act, by striking
subsection (d), as added by section 414(a) of the
Antiterrorism and Effective Death Penalty Act of 1996 (P.L.
104-132).
(3) Other general references.--The following provisions are
amended by striking ``excludability'' and ``excludable'' each
place each appears and inserting ``inadmissibility'' and
``inadmissible'', respectively:
(A) Sections 101(f)(3), 213, 234 (before redesignation by
section 308(b)), 241(a)(1) (before redesignation by section
305(a)(2)), 272(a), 277, 286(h)(2)(A)(v), and
286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act of 1990.
(C) Section 128 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138).
(D) Section 1073 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337).
(E) Section 221 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416).
(4) Related terms.--
(A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by
striking ``or expulsion'' and inserting ``expulsion, or
removal''.
(B) Section 102 (8 U.S.C. 1102) is amended by striking
``exclusion or deportation'' and inserting ``removal''.
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ``been excluded or deported'' and inserting ``not
been admitted or have been removed''.
(D) Section 206 (8 U.S.C. 1156) is amended by striking
``excluded from admission to the United States and deported''
and inserting ``denied admission to the United States and
removed''.
(E) Section 216(f) (8 U.S.C. 1186a) is amended by striking
``exclusion'' and inserting ``inadmissibility''.
(F) Section 217 (8 U.S.C. 1187) is amended by striking
``excluded from admission'' and inserting ``denied admission
at the time of arrival'' each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is amended by striking
``exclude'' and inserting ``deny admission to''.
(H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated by
subsection (b)(2), is amended by striking ``excluded by'' and
``the excluded classes'' and inserting ``inadmissible under''
and ``inadmissible classes'', respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is amended--
(I) by striking ``exclusion'' in the heading and inserting
``denial of admission'',
(II) in subsection (a), by striking ``excluding condition''
and inserting ``condition causing inadmissibility'', and
(III) in subsection (c), by striking ``excluding''.
(ii) The item in the table of contents relating to such
section is amended by striking ``exclusion'' and inserting
``denial of admission''.
(J) Section 276(a) (8 U.S.C. 1326(a)) is amended--
(i) in paragraph (1), as amended by section 324(a)--
(I) by striking ``arrested and deported, has been excluded
and deported,'' and inserting ``denied admission, excluded,
deported, or removed'', and
(II) by striking ``exclusion or deportation'' and inserting
``exclusion, deportation, or removal''; and
(ii) in paragraph (2)(B), by striking ``excluded and
deported'' and inserting ``denied admission and removed''.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi))
is amended by striking ``exclusion'' each place it appears
and inserting ``removal''.
(L) Section 287 (8 U.S.C. 1357) is amended--
(i) in subsection (a), by striking ``or expulsion'' each
place it appears and inserting ``expulsion, or removal'', and
(ii) in subsection (c), by striking ``exclusion from'' and
inserting ``denial of admission to''.
(M) Section 290(a) (8 U.S.C. 1360(a)) is amended by
striking ``admitted to the United States, or excluded
therefrom'' each place it appears and inserting ``admitted or
denied admission to the United States''.
(N) Section 291 (8 U.S.C. 1361) is amended by striking
``subject to exclusion'' and inserting ``inadmissible'' each
place it appears.
(O) Section 292 (8 U.S.C. 1362) is amended by striking
``exclusion or deportation'' each place it appears and
inserting ``removal''.
(P) Section 360 (8 U.S.C. 1503) is amended--
(i) in subsection (a), by striking ``exclusion'' each place
it appears and inserting ``removal'', and
(ii) in subsection (c), by striking ``excluded from'' and
inserting ``denied''.
[[Page 2287]]
(Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) is
amended by striking ``exclusion because such alien is
excludable'' and inserting ``removal because such alien is
inadmissible''.
(R) Section 301(a)(1) of the Immigration Act of 1990 is
amended by striking ``exclusion'' and inserting
``inadmissibility''.
(S) Section 401(c) of the Refugee Act of 1980 is amended by
striking ``deportation or exclusion'' and inserting
``removal''.
(T) Section 501(e)(2) of the Refugee Education Assistance
Act of 1980 (Public Law 96-422) is amended--
(i) by striking ``exclusion or deportation'' each place it
appears and inserting ``removal'', and
(ii) by striking ``deportation or exclusion'' each place it
appears and inserting ``removal''.
(U) Section 4113(c) of title 18, United States Code, is
amended by striking ``exclusion and deportation'' and
inserting ``removal''.
(5) Repeal of superseded provision.--Effective as of the
date of the enactment of the Antiterrorism and Effective
Death Penalty Act of 1996, section 422 of such Act is
repealed and the Immigration and Nationality Act shall be
applied as if such section had not been enacted.
(e) Revision of Terminology Relating to Deportation.--
(1) Each of the following is amended by striking
``deportation'' each place it appears and inserting
``removal'':
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and
(B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)).
(B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
(C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
(D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as
redesignated by section 851(a)(3)(A).
(E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before
redesignation as section 237 by section 305(a)(2).
(F) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of section 244A (8
U.S.C. 1254a), before redesignation as section 244 by
subsection (b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as added by section
122).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
(Q) Section 4113(b) of title 18, United States Code.
(2) Each of the following is amended by striking
``deported'' each place it appears and inserting ``removed'':
(A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation
as section 237 by section 305(a)(2).
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266 (8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration Act of 1990.
(I) Section 4113 of title 18, United States Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by
inserting ``or removed'' after ``deported'' each place it
appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ``suspension of deportation'' and inserting
``cancellation of removal''.
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is
amended by striking ``deportation is suspended'' and
inserting ``removal is canceled''.
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is
amended by striking ``deportation against'' and inserting
``removal of''.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A),
and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each
amended by striking ``deportation'', ``deportation'',
``deport'', and ``deported'' each place each appears and
inserting ``removal'', ``removal'', ``remove'', and
``removed'', respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C)
of section 216A (8 U.S.C. 1186b) are each amended by striking
``deportation'', ``deportation'', ``deport'', and
``deported'' and inserting ``removal'', ``removal'',
``remove'', and ``removed'', respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by
striking ``deportation against'' and inserting ``removal
of''.
(10) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(6), is amended, in the headings
to various subdivisions, by striking ``Deportation'' and
``deportation'' and inserting ``Removal'' and ``removal'',
respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)),
before redesignation as section 244 by subsection (b)(8), is
amended--
(A) in subsection (a)(1)(A), by striking ``deport'' and
inserting ``remove'', and
(B) in subsection (e), by striking ``Suspension of
Deportation'' and inserting ``Cancellation of Removal''.
(12) Section 254 (8 U.S.C. 1284) is amended by striking
``deport'' each place it appears and inserting ``remove''.
(13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amended by striking
``deported'' and inserting ``removed''.
(B) The item in the table of contents relating to such
section is amended by striking ``deported'' and inserting
``removed''.
(15) Section 318 (8 U.S.C. 1429) is amended by striking
``suspending'' and inserting ``canceling''.
(16) Section 301(a) of the Immigration Act of 1990 is
amended by striking ``Deportation'' and inserting
``Removal''.
(17) The heading of section 130005 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended by striking ``DEPORTATION'' and inserting
``REMOVAL''.
(18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is
amended by striking ``deported'' and all that follows through
``Deportation'' and inserting ``removed pursuant to chapter 4
of title II of the Immigration and Nationality Act''.
(19) Section 8(c) of the Foreign Agents Registration Act
(22 U.S.C. 618(c)) is amended by striking ``deportation'' and
all that follows and inserting ``removal pursuant to chapter
4 of title II of the Immigration and Nationality Act.''.
(f) Revision of References to Entry.--
(1) The following provisions are amended by striking
``entry'' and inserting ``admission'' each place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
(B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
(C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
(G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(K) Subsection (b) of section 240 (8 U.S.C. 1230), before
redesignation as section 240C by section 304(a)(2).
(L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2).
(M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2),
other than the last time it appears.
(N) Paragraphs (2) and (4) of subsection (a) of section 241
(8 U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2).
(O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration Act of 1990.
(2) The following provisions are amended by striking
``enter'' and inserting ``be admitted'':
(A) Section 204(e) (8 U.S.C. 1154(e)).
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
(3) The following provisions are amended by striking
``enters'' and inserting ``is admitted to'':
(A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C. 1228), before
redesignation as section 233 by section 308(b)(4), is amended
by striking ``entry and inspection'' and inserting
``inspection and admission''.
(5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C.
1251), before redesignation as section 237 by section
305(a)(2), is amended by striking ``at entry''.
(6) Section 7 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403h) is amended by striking ``that the
entry'', ``given entry into'', and ``entering'' and inserting
``that the admission'', ``admitted to'', and ``admitted to''.
(7) Section 4 of the Atomic Weapons and Special Nuclear
Materials Rewards Act (50 U.S.C. 47c) is amended by striking
``entry'' and inserting ``admission''.
(g) Conforming References to Reorganized Sections.--
(1) References to sections 232, 234, 238, 239, 240, 241,
242a, and 244a.--Any reference in law in effect on the day
before the date of the enactment of this Act to section 232,
234, 238, 239, 240, 241, 242A, or 244A of the Immigration and
Nationality Act (or a subdivision of such section) is deemed,
as of the title III-A effective date, to refer to section
232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act
(or the corresponding subdivision of such section), as
redesignated by this subtitle. Any reference in law to
section 241 (or a subdivision of such section) of the
Immigration and Nationality Act in an amendment made by a
subsequent subtitle of this title is deemed a reference (as
of the title III-A effective date) to section 237 (or the
corresponding subdivision of such section), as redesignated
by this subtitle.
(2) References to section 106.--
(A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C.
1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section
851(b)(14) but before redesignation as section 238 by
subsection (b)(5), are each amended by striking ``106'' and
inserting ``242''.
[[Page 2288]]
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C.
1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting ``(as
in effect before October 1, 1996)'' after ``106''.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5), is
amended by striking ``106(a)(1)'' and inserting
``242(b)(1)''.
(3) References to section 236.--
(A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 1159(a)(1))
are each amended by striking ``236'' and inserting ``240''.
(B) Section 4113(c) of title 18, United States Code, is
amended by striking ``1226 of title 8, United States Code''
and inserting ``240 of the Immigration and Nationality Act''.
(4) References to section 237.--
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended by
striking ``237'' and inserting ``241''.
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended by
striking ``237(a)'' and inserting ``241(c)''.
(C) Section 280(a) (8 U.S.C. 1330(a)) is amended by
striking ``237, 239, 243'' and inserting ``234, 243(c)(2)''.
(5) References to section 242.--
(A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C.
1184(d), 1282(b), 1357(f)(1)) are each amended by striking
``242'' and inserting ``240''.
(ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), as
amended by section 851(b)(13) but before redesignation as
section 238 by subsection (b)(5), are each amended by
striking ``242'' and inserting ``240''.
(iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is
amended by inserting ``(as in effect before October 1,
1996)'' after ``242''.
(iv) Section 4113 of title 18, United States Code, is
amended--
(I) in subsection (a), by striking ``section 1252(b) or
section 1254(e) of title 8, United States Code,'' and
inserting ``section 240B of the Immigration and Nationality
Act''; and
(II) in subsection (b), by striking ``section 1252 of title
8, United States Code,'' and inserting ``section 240 of the
Immigration and Nationality Act''.
(B) Section 130002(a) of Public Law 103-322, as amended by
section 345, is amended by striking ``242(a)(3)(A)'' and
inserting ``236(d)''.
(C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before
redesignation as section 238 by section 308(b)(5), is amended
by striking ``242(b)'' and inserting ``240''.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) but
before redesignation as section 238 by subsection (b)(5), is
amended by striking ``242(b)'' and inserting ``240''.
(E) Section 1821(e) of title 28, United States Code, is
amended by striking ``242(b)'' and inserting ``240''.
(F) Section 130007(a) of Public Law 103-322 is amended by
striking ``242(i)'' and inserting ``239(d)''.
(G) Section 20301(c) of Public Law 103-322 is amended by
striking ``242(j)(5)'' and ``242(j)'' and inserting
``241(h)(5)'' and ``241(h)'', respectively.
(6) References to section 242b.--
(A) Section 303(d)(2) of the Immigration Act of 1990 is
amended by striking ``242B'' and inserting ``240(b)(5)''.
(B) Section 545(g)(1)(B) of the Immigration Act of 1990 is
amended by striking ``242B(a)(4)'' and inserting
``239(a)(4)''.
(7) References to section 243.--
(A) Section 214(d) (8 U.S.C. 1184(d)) is amended by
striking ``243'' and inserting ``241''.
(B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is amended by
striking ``withholding of deportation under section 243(h)''
and inserting ``by withholding of removal under section
241(b)(3)''.
(C)(i) Section 315(c) of the Immigration Reform and Control
Act of 1986 is amended by striking ``243(g)'' and ``1253(g)''
and inserting ``243(d)'' and ``1253(d)'' respectively.
(ii) Section 702(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1988 is amended by striking ``243(g)''
and inserting ``243(d)''.
(iii) Section 903(b) of Public Law 100-204 is amended by
striking ``243(g)'' and inserting ``243(d)''.
(D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 (7
U.S.C. 2015(f)(2)(F)) is amended by striking ``243(h)'' and
inserting ``241(b)(3)''.
(ii) Section 214(a)(5) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by
striking ``243(h)'' and inserting ``241(b)(3)''.
(E)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C.
1254a), before redesignated as section 244 by section
308(b)(7), is amended by striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(ii) Section 301(e)(2) of the Immigration Act of 1990 is
amended by striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(F) Section 316(f) (8 U.S.C. 1427(f)) is amended by
striking ``subparagraphs (A) through (D) of paragraph
243(h)(2)'' and inserting ``clauses (i) through (v) of
section 208(b)(2)(A)''.
(8) References to section 244.--
(A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and
subsection (e) of section 244A (8 U.S.C. 1254a), before
redesignation as section 244 by section 308(b)(7), are each
amended by striking ``244(a)'' and inserting ``240A(a)''.
(ii) Section 304(c)(1)(B) of the Miscellaneous and
Technical Immigration and Naturalization Amendments of 1991
(Public Law 102-232) is amended by striking ``244(a)'' and
inserting ``240A(a)''.
(B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is amended by
striking ``suspension of deportation under subsection (a) or
(e) of section 244'' and inserting ``cancellation of removal
under section 240A''.
(C) Section 304(c)(1)(B) of the Miscellaneous and Technical
Immigration and Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(b)(2)'' and inserting
``240A(b)(2)''.
(D) Section 364(a)(2) of this Act is amended by striking
``244(a)(3)'' and inserting ``240A(a)(3)''.
(9) References to chapter 5.--
(A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b),
1306(c), 1361) are each amended by striking ``chapter 5'' and
inserting ``chapter 4''.
(B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C.
855(b)) is amended by striking ``chapter 5, title II, of the
Immigration and Nationality Act (66 Stat. 163)'' and
inserting ``chapter 4 of title II of the Immigration and
Nationality Act''.
(10) Miscellaneous cross-reference corrections for newly
added provisions.--
(A) Section 212(h), as amended by section 301(h), is
amended by striking ``section 212(c)'' and inserting
``paragraphs (1) and (2) of section 240A(a)''.
(B) Section 245(c)(6), as amended by section 332(d), is
amended by striking ``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(C) Section 249(d), as amended by section 332(e), is
amended by striking ``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(D) Section 274C(d)(7), as added by section 212(d), is
amended by striking ``withholding of deportation under
section 243(h)'' and inserting ``withholding of removal under
section 241(b)(3)''.
(E) Section 3563(b)(21) of title 18, United States Code, as
inserted by section 374(b), is amended by striking
``242A(d)(5)'' and inserting ``238(d)(5)''.
(F) Section 130007(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended by
section 671(a)(6), is amended by striking ``242A(a)(3)'' and
inserting ``238(a)(3)''.
(G) Section 386(b) of this Act is amended by striking
``excludable'' and ``excludable'' and inserting
``inadmissible'' and ``inadmissible'', respectively, each
place each appears.
(H) Subsections (a), (c), (d), (g), and (h) of section 440
of the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132), as amended by section 306(d), are
amended by striking ``241(a)(2)(A)(ii)'' and
``241(a)(2)(A)(i)'' and inserting ``237(a)(2)(A)(ii)'' and
``237(a)(2)(A)(i)'', respectively .
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) In General.--Except as provided in this section and
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5), this
subtitle and the amendments made by this subtitle shall take
effect on the first day of the first month beginning more
than 180 days after the date of the enactment of this Act (in
this title referred to as the ``title III-A effective
date'').
(b) Promulgation of Regulations.--The Attorney General
shall first promulgate regulations to carry out this subtitle
by not later than 30 days before the title III-A effective
date.
(c) Transition for Aliens in Proceedings.--
(1) General rule that new rules do not apply.--Subject to
the succeeding provisions of this subsection, in the case of
an alien who is in exclusion or deportation proceedings as of
the title III-A effective date--
(A) the amendments made by this subtitle shall not apply,
and
(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
(2) Attorney general option to elect to apply new
procedures.--In a case described in paragraph (1) in which an
evidentiary hearing under section 236 or 242 and 242B of the
Immigration and Nationality Act has not commenced as of the
title III-A effective date, the Attorney General may elect to
proceed under chapter 4 of title II of such Act (as amended
by this subtitle). The Attorney General shall provide notice
of such election to the alien involved not later than 30 days
before the date any evidentiary hearing is commenced. If the
Attorney General makes such election, the notice of hearing
provided to the alien under section 235 or 242(a) of such Act
shall be valid as if provided under section 239 of such Act
(as amended by this subtitle) to confer jurisdiction on the
immigration judge.
(3) Attorney general option to terminate and reinitiate
proceedings.--In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by this
subtitle). Any determination in the terminated proceeding
shall not be binding in the reinitiated proceeding.
(4) Transitional changes in judicial review.--In the case
described in paragraph (1) in which a final order of
exclusion or deportation is entered more than 30 days after
the date of the enactment of this Act, notwithstanding any
provision of section 106 of the Immigration and Nationality
Act (as in effect as of the date of the enactment of this
Act) to the contrary--
(A) in the case of judicial review of a final order of
exclusion, subsection (b) of such section shall not apply and
the action for judi
[[Page 2289]]
cial review shall be governed by the provisions of
subsections (a) and (c) of such in the same manner as they
apply to judicial review of orders of deportation;
(B) a court may not order the taking of additional evidence
under section 2347(c) of title 28, United States Code;
(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of
exclusion or deportation;
(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the
administrative proceedings before the special inquiry officer
or immigration judge were completed;
(E) there shall be no appeal of any discretionary decision
under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act);
(F) service of the petition for review shall not stay the
deportation of an alien pending the court's decision on the
petition, unless the court orders otherwise; and
(G) there shall be no appeal permitted in the case of an
alien who is inadmissible or deportable by reason of having
committed a criminal offense covered in section 212(a)(2) or
section 241(a)(2)(A)(iii), (B), (C), or (D) of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act), or any offense covered by
section 241(a)(2)(A)(ii) of such Act (as in effect on such
date) for which both predicate offenses are, without regard
to their date of commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
(5) Transitional rule with regard to suspension of
deportation.--Paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act (relating to continuous
residence or physical presence) shall apply to notices to
appear issued before, on, or after the date of the enactment
of this Act.
(6) Transition for certain family unity aliens.--The
Attorney General may waive the application of section
212(a)(9) of the Immigration and Nationality Act, as inserted
by section 301(b)(1), in the case of an alien who is provided
benefits under the provisions of section 301 of the
Immigration Act of 1990 (relating to family unity).
(7) Limitation on suspension of deportation.--The Attorney
General may not suspend the deportation and adjust the status
under section 244 of the Immigration and Nationality Act of
more than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous sentence
shall apply regardless of when an alien applied for such
suspension and adjustment.
(d) Transitional References.--For purposes of carrying out
the Immigration and Nationality Act, as amended by this
subtitle--
(1) any reference in section 212(a)(1)(A) of such Act to
the term ``inadmissible'' is deemed to include a reference to
the term ``excludable'', and
(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and
deportation or an order of deportation.
(e) Transition.--No period of time before the date of the
enactment of this Act shall be included in the period of 1
year described in section 212(a)(6)(B)(i) of the Immigration
and Nationality Act (as amended by section 301(c)).
Subtitle B--Criminal Alien Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)),
as amended by section 441(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 (P.L. 104-132), is
amended--
(1) in subparagraph (A), by inserting ``, rape, or sexual
abuse of a minor'' after ``murder'';
(2) in subparagraph (D), by striking ``$100,000'' and
inserting ``$10,000'';
(3) in subparagraphs (F), (G), (N), and (P), by striking
``is at least 5 years'' each place it appears and inserting
``at least one year'';
(4) in subparagraph (J), by striking ``sentence of 5 years'
imprisonment'' and inserting ``sentence of one year
imprisonment'';
(5) in subparagraph (K)(ii), by inserting ``if committed''
before ``for commercial advantage'';
(6) in subparagraph (L)--
(A) by striking ``or'' at the end of clause (i),
(B) by inserting ``or'' at the end of clause (ii), and
(C) by adding at the end the following new clause:
``(iii) section 601 of the National Security Act of 1947
(relating to protecting the identity of undercover
agents);'';
(7) in subparagraph (M), by striking ``$200,000'' each
place it appears and inserting ``$10,000'';
(8) in subparagraph (N), by striking ``for which the term''
and all that follows and inserting the following: ``, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for
the purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other individual) to
violate a provision of this Act'';
(9) in subparagraph (P), by striking ``18 months'' and
inserting ``12 months, except in the case of a first offense
for which the alien has affirmatively shown that the alien
committed the offense for the purpose of assisting, abetting,
or aiding only the alien's spouse, child, or parent (and no
other individual) to violate a provision of this Act'';
(10) in subparagraph (R), by striking ``for which a
sentence of 5 years' imprisonment or more may be imposed''
and inserting ``for which the term of imprisonment is at
least one year''; and
(11) in subparagraph (S), by striking ``for which a
sentence of 5 years' imprisonment or more may be imposed''
and inserting ``for which the term of imprisonment is at
least one year''.
(b) Effective Date of Definition.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law (including any effective date), the term applies
regardless of whether the conviction was entered before, on,
or after the date of enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to actions taken on or after the date of the
enactment of this Act, regardless of when the conviction
occurred, and shall apply under section 276(b) of the
Immigration and Nationality Act only to violations of section
276(a) of such Act occurring on or after such date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.
(a) Definition.--
(1) In general.--Section 101(a) (8 U.S.C. 1101(a)) is
amended by adding at the end the following new paragraph:
``(48)(A) The term `conviction' means, with respect to an
alien, a formal judgment of guilt of the alien entered by a
court or, if adjudication of guilt has been withheld, where--
``(i) a judge or jury has found the alien guilty or the
alien has entered a plea of guilty or nolo contendere or has
admitted sufficient facts to warrant a finding of guilt, and
``(ii) the judge has ordered some form of punishment,
penalty, or restraint on the alien's liberty to be imposed.
``(B) Any reference to a term of imprisonment or a sentence
with respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution
of that imprisonment or sentence in whole or in part.''.
(2) Conforming amendments.--
(A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by
striking ``imposed (regardless of any suspension of
imprisonment)'' each place it appears in subparagraphs (F),
(G), (N), and (P).
(B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is
amended by striking ``actually imposed''.
(b) Reference to Proof Provisions.--For provisions relating
to proof of convictions, see subparagraphs (B) and (C) of
section 240(c)(3) of the Immigration and Nationality Act, as
inserted by section 304(a)(3).
(c) Effective Date.--The amendments made by subsection (a)
shall apply to convictions and sentences entered before, on,
or after the date of the enactment of this Act. Subparagraphs
(B) and (C) of section 240(c)(3) of the Immigration and
Nationality Act, as inserted by section 304(a)(3), shall
apply to proving such convictions.
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL
PROBATION OR CRIMINAL PAROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by striking
``and (5)'' and inserting ``(5) aliens who are or have been
on criminal probation or criminal parole within the United
States, and (6)''.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.
(a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is
amended to read as follows:
``(1) has been arrested and deported, has been excluded and
deported, or has departed the United States while an order of
exclusion or deportation is outstanding, and thereafter''.
(b) Treatment of Stipulations.--The last sentence of
section 276(b) (8 U.S.C. 1326(b)) is amended by inserting
``(or not during)'' after ``during''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to departures that occurred before, on, or after
the date of the enactment of this Act, but only with respect
to entries (and attempted entries) occurring on or after such
date.
SEC. 325. CHANGE IN FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph of subsection (a)--
(A) by striking ``alien'' each place it appears;
(B) by inserting after ``individual'' the first place it
appears the following: ``, knowing or in reckless disregard
of the fact that the individual is an alien''; and
(C) by striking ``within three years after that individual
has entered the United States from any country, party to the
arrangement adopted July 25, 1902, for the suppression of the
white-slave traffic'';
(2) in the second undesignated paragraph of subsection
(a)--
(A) by striking ``thirty'' and inserting ``five business'';
and
(B) by striking ``within three years after that individual
has entered the United States from any country, party to the
said arrangement for the suppression of the white-slave
traffic,''; and
(3) in the text following the third undesignated paragraph
of subsection (a), by striking ``two'' and inserting ``10''.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement
[[Page 2290]]
Act of 1994 (Public Law 103-322), as amended by section 432
of Public Law 104-132, is amended to read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
operate a criminal alien identification system. The criminal
alien identification system shall be used to assist Federal,
State, and local law enforcement agencies in identifying and
locating aliens who may be subject to removal by reason of
their conviction of aggravated felonies, subject to
prosecution under section 275 of such Act, not lawfully
present in the United States, or otherwise removable. Such
system shall include providing for recording of fingerprint
records of aliens who have been previously arrested and
removed into appropriate automated fingerprint identification
systems.''.
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.
Section 130002(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
(1) by inserting ``and'' after ``1996;'', and
(2) by striking paragraph (2) and all that follows through
the period at the end and inserting the following:
``(2) $5,000,000 for each of fiscal years 1997 through
2001.''.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN
ASSISTANCE PROGRAM.
(a) Modification of Authority.--
(1) In general.--Section 241(i), as redesignated by section
306(a)(1), is amended--
(A) in paragraph (3)(A), by striking ``felony and sentenced
to a term of imprisonment'' and inserting ``felony or two or
more misdemeanors'', and
(B) by adding at the end the following new paragraph:
``(6) To the extent of available appropriations, funds
otherwise made available under this section with respect to a
State (or political subdivision, including a municipality)
for incarceration of an undocumented criminal alien may, at
the discretion of the recipient of the funds, be used for the
costs of imprisonment of such alien in a State, local, or
municipal prison or jail.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply beginning with fiscal year 1997.
(b) Sense of the Congress With Respect to Program.--
(1) Findings.--The Congress finds as follows:
(A) Of the $130,000,000 appropriated in fiscal year 1995
for the State Criminal Alien Assistance Program, the
Department of Justice disbursed the first $43,000,000 to
States on October 6, 1994, 32 days before the 1994 general
election, and then failed to disburse the remaining
$87,000,000 until January 31, 1996, 123 days after the end of
fiscal year 1995.
(B) While H.R. 2880, the continuing appropriation measure
funding certain operations of the Federal Government from
January 26, 1996 to March 15, 1996, included $66,000,000 to
reimburse States for the cost of incarcerating documented
illegal immigrant felons, the Department of Justice failed to
disburse any of the funds to the States during the period of
the continuing appropriation.
(2) Sense of the congress.--It is the sense of the Congress
that--
(A) the Department of Justice was disturbingly slow in
disbursing fiscal year 1995 funds under the State Criminal
Alien Assistance Program to States after the initial grants
were released just prior to the 1994 election; and
(B) the Attorney General should make it a high priority to
expedite the disbursement of Federal funds intended to
reimburse States for the cost of incarcerating illegal
immigrants, aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal year for
which they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL
ALIENS IN INCARCERATION FACILITY OF ANAHEIM,
CALIFORNIA.
(a) Authority.--The Attorney General shall conduct a
project demonstrating the feasibility of identifying, from
among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on
criminal charges, those individuals who are aliens unlawfully
present in the United States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within the city
of Anaheim, California and the county of Ventura, California,
of an employee of the Immigration and Naturalization Service
who has expertise in the identification of aliens unlawfully
in the United States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of the Service
necessary to identify such aliens, and
(B) in the case of an individual identified as such an
alien, pre-arraignment reporting to the court regarding the
Service's intention to remove the alien from the United
States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the
enactment of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.
(a) Negotiations With Other Countries.--(1) Congress
advises the President to begin to negotiate and renegotiate,
not later than 90 days after the date of enactment of this
Act, bilateral prisoner transfer treaties, providing for the
incarceration, in the country of the alien's nationality, of
any alien who--
(A) is a national of a country that is party to such a
treaty; and
(B) has been convicted of a criminal offense under Federal
or State law and who--
(i) is not in lawful immigration status in the United
States, or
(ii) on the basis of conviction for a criminal offense
under Federal or State law, or on any other basis, is subject
to deportation or removal under the Immigration and
Nationality Act,
for the duration of the prison term to which the alien was
sentenced for the offense referred to in subparagraph (B).
Any such agreement may provide for the release of such alien
pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the
President may consider providing for appropriate
compensation, subject to the availability of appropriations,
in cases where the United States is able to independently
verify the adequacy of the sites where aliens will be
imprisoned and the length of time the alien is actually
incarcerated in the foreign country under such a treaty.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the focus of negotiations for such agreements should
be--
(A) to expedite the transfer of aliens unlawfully in the
United States who are (or are about to be) incarcerated in
United States prisons,
(B) to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States courts,
(C) to eliminate any requirement of prisoner consent to
such a transfer, and
(D) to allow the Federal Government or the States to keep
their original prison sentences in force so that transferred
prisoners who return to the United States prior to the
completion of their original United States sentences can be
returned to custody for the balance of their prisons
sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of aliens described in
subsection (a) who are nationals of that country in the
United States represents a significant percentage of all such
aliens in the United States; and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a
foreign incarceration facility should permit the alien to
refuse the transfer.
(c) Prisoner Consent.--Notwithstanding any other provision
of law, except as required by treaty, the transfer of an
alien from a Federal, State, or local incarceration facility
under an agreement of the type referred to in subsection (a)
shall not require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Attorney General shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate stating whether each prisoner transfer treaty to which
the United States is a party has been effective in the
preceding 12 months in bringing about the return of
deportable incarcerated aliens to the country of which they
are nationals and in ensuring that they serve the balance of
their sentences.
(e) Training Foreign Law Enforcement Personnel.--(1)
Subject to paragraph (2), the President shall direct the
Border Patrol Academy and the Customs Service Academy to
enroll for training an appropriate number of foreign law
enforcement personnel, and shall make appointments of foreign
law enforcement personnel to such academies, as necessary to
further the following United States law enforcement goals:
(A) Preventing of drug smuggling and other cross-border
criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into the United
States (including goods the sale of which is illegal in the
United States, the entry of which would cause a quota to be
exceeded, or the appropriate duty or tariff for which has not
been paid).
(2) The appointments described in paragraph (1) shall be
made only to the extent there is capacity in such academies
beyond what is required to train United States citizens
needed in the Border Patrol and Customs Service, and only of
personnel from a country with which the prisoner transfer
treaty has been stated to be effective in the most recent
report referred to in subsection (d).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 331. PRISONER TRANSFER TREATIES STUDY.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report that describes the use and effectiveness of the
prisoner transfer treaties with the three countries with the
greatest number of their nationals incarcerated in the United
States in removing from the United States such incarcerated
nationals.
(b) Use of Treaty.--The report under subsection (a) shall
include--
[[Page 2291]]
(1) the number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have
been or are eligible for transfer pursuant to the treaties;
(2) the number of aliens described in paragraph (1) who
have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the treaties;
(4) the number of aliens who are incarcerated in a penal
institution in the United States who are eligible for
transfer pursuant to the treaties; and
(5) the number of aliens described in paragraph (4) who are
incarcerated in Federal, State, and local penal institutions
in the United States.
(c) Recommendations.--The report under subsection (a) shall
include the recommendations of the Secretary of State and the
Attorney General to increase the effectiveness and use of,
and full compliance with, the treaties. In considering the
recommendations under this subsection, the Secretary and the
Attorney General shall consult with such State and local
officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the
Attorney General consider appropriate. Such recommendations
shall address--
(1) changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed criminal offenses in the United
States;
(2) changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense
in the United States;
(3) changes in the treaties that may be necessary to
increase the number of aliens convicted of criminal offenses
who may be transferred pursuant to the treaties;
(4) methods for preventing the unlawful reentry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
treaties;
(5) any recommendations by appropriate officials of the
appropriate government agencies of such countries regarding
programs to achieve the goals of, and ensure full compliance
with, the treaties;
(6) whether the recommendations under this subsection
require the renegotiation of the treaties; and
(7) the additional funds required to implement each
recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enactment of
this Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report detailing--
(1) the number of illegal aliens incarcerated in Federal
and State prisons for having committed felonies, stating the
number incarcerated for each type of offense;
(2) the number of illegal aliens convicted of felonies in
any Federal or State court, but not sentenced to
incarceration, in the year before the report was submitted,
stating the number convicted for each type of offense;
(3) programs and plans underway in the Department of
Justice to ensure the prompt removal from the United States
of criminal aliens subject to removal; and
(4) methods for identifying and preventing the unlawful
reentry of aliens who have been convicted of criminal
offenses in the United States and removed from the United
States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN
TO COMMIT AN OFFENSE UNDER THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.
(a) Review of Guidelines.--Not later than 6 months after
the date of the enactment of this Act, the United States
Sentencing Commission shall conduct a review of the
guidelines applicable to an offender who conspires with, or
aids or abets, a person who is not a citizen or national of
the United States in committing any offense under section
1010 of the Controlled Substance Import and Export Act (21
U.S.C. 960).
(b) Revision of Guidelines.--Following such review,
pursuant to section 994(p) of title 28, United States Code,
the Commission shall promulgate sentencing guidelines or
amend existing sentencing guidelines to ensure an
appropriately stringent sentence for such offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL
REENTRY, AND PASSPORT AND VISA FRAUD.
(a) Failing to Depart.--The United States Sentencing
Commission shall promptly promulgate, pursuant to section 994
of title 28, United States Code, amendments to the sentencing
guidelines to make appropriate increases in the base offense
level for offenses under section 242(e) and 276(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(e) and
1326(b)) to reflect the amendments made by section 130001 of
the Violent Crime Control and Law Enforcement Act of 1994.
(b) Passport and Visa Offenses.--The United States
Sentencing Commission shall promptly promulgate, pursuant to
section 994 of title 28, United States Code, amendments to
the sentencing guidelines to make appropriate increases in
the base offense level for offenses under chapter 75 of title
18, United States Code to reflect the amendments made by
section 130009 of the Violent Crime Control and Law
Enforcement Act of 1994.
Subtitle C--Revision of Grounds for Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.
(a) In General.--Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively, and
(2) by inserting after clause (i) the following new clause:
``(ii) who seeks admission as an immigrant, or who seeks
adjustment of status to the status of an alien lawfully
admitted for permanent residence, and who has failed to
present documentation of having received vaccination against
vaccine-preventable diseases, which shall include at least
the following diseases: mumps, measles, rubella, polio,
tetanus and diphtheria toxoids, pertussis, influenza type B
and hepatitis B, and any other vaccinations against vaccine-
preventable diseases recommended by the Advisory Committee
for Immunization Practices,''.
(b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended
by striking ``, or'' at the end of paragraph (1) and all that
follows and inserting a semicolon and the following:
``in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe;
``(2) subsection (a)(1)(A)(ii) in the case of any alien--
``(A) who receives vaccination against the vaccine-
preventable disease or diseases for which the alien has
failed to present documentation of previous vaccination,
``(B) for whom a civil surgeon, medical officer, or panel
physician (as those terms are defined by section 34.2 of
title 42 of the Code of Federal Regulations) certifies,
according to such regulations as the Secretary of Health and
Human Services may prescribe, that such vaccination would not
be medically appropriate, or
``(C) under such circumstances as the Attorney General
provides by regulation, with respect to whom the requirement
of such a vaccination would be contrary to the alien's
religious beliefs or moral convictions; or
``(3) subsection (a)(1)(A)(iii) in the case of any alien,
in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to applications for immigrant visas
or for adjustment of status filed after September 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF
FALSE DOCUMENTATION TO TERRORISTS AS A BASIS
FOR EXCLUSION FROM THE UNITED STATES.
(a) In General.--Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) by redesignating subclauses (III) and (IV) of clause
(i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause (i) the
following new subclause:
``(III) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorist
activity,''; and
(3) in clause (iii)(III), by inserting ``documentation or''
before ``identification'';
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to incitement regardless of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE
WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D),
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Uncertified foreign health-care workers.--Any alien
who seeks to enter the United States for the purpose of
performing labor as a health-care worker, other than a
physician, is excludable unless the alien presents to the
consular officer, or, in the case of an adjustment of status,
the Attorney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate from
an equivalent independent credentialing organization approved
by the Attorney General in consultation with the Secretary of
Health and Human Services, verifying that--
``(i) the alien's education, training, license, and
experience--
``(I) meet all applicable statutory and regulatory
requirements for entry into the United States under the
classification specified in the application;
``(II) are comparable with that required for an American
health-care worker of the same type; and
``(III) are authentic and, in the case of a license,
unencumbered;
``(ii) the alien has the level of competence in oral and
written English considered by the Secretary of Health and
Human Services, in consultation with the Secretary of
Education, to be appropriate for health care work of the kind
in which the alien will be engaged, as shown by an
appropriate score on one or more nationally recognized,
commercially available, standardized assess
[[Page 2292]]
ments of the applicant's ability to speak and write; and
``(iii) if a majority of States licensing the profession in
which the alien intends to work recognize a test predicting
the success on the profession's licensing or certification
examination, the alien has passed such a test or has passed
such an examination.
For purposes of clause (ii), determination of the
standardized tests required and of the minimum scores that
are appropriate are within the sole discretion of the
Secretary of Health and Human Services and are not subject to
further administrative or judicial review.''.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES
CITIZENSHIP.
(a) Exclusion of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii), and
(2) by inserting after clause (i) the following new clause:
``(ii) Falsely claiming citizenship.--Any alien who falsely
represents, or has falsely represented, himself or herself to
be a citizen of the United States for any purpose or benefit
under this Act (including section 274A) or any other Federal
or State law is excludable.''.
(b) Deportation of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3))
is amended by adding at the end the following new
subparagraph:
``(D) Falsely claiming citizenship.--Any alien who falsely
represents, or has falsely represented, himself to be a
citizen of the United States for any purpose or benefit under
this Act (including section 274A) or any Federal or State law
is deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to representations made on or after the date of
the enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR
CERTAIN SECTION 274C VIOLATORS.
(a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by amending subparagraph (F) of subsection (a)(6) to
read as follows:
``(F) Subject of civil penalty.--
``(i) In general.--An alien who is the subject of a final
order for violation of section 274C is inadmissible.
``(ii) Waiver authorized.--For provision authorizing waiver
of clause (i), see subsection (d)(12).''; and
(2) by adding at the end of subsection (d) the following
new paragraph:
``(12) The Attorney General may, in the discretion of the
Attorney General for humanitarian purposes or to assure
family unity, waive application of clause (i) of subsection
(a)(6)(F)--
``(A) in the case of an alien lawfully admitted for
permanent residence who temporarily proceeded abroad
voluntarily and not under an order of deportation or removal
and who is otherwise admissible to the United States as a
returning resident under section 211(b), and
``(B) in the case of an alien seeking admission or
adjustment of status under section 201(b)(2)(A) or under
section 203(a),
if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed solely
to assist, aid, or support the alien's spouse or child (and
not another individual). No court shall have jurisdiction to
review a decision of the Attorney General to grant or deny a
waiver under this paragraph.''.
(b) Ground of Deportation.--Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by
section 305(a)(2), is amended to read as follows:
``(C) Document fraud.--
``(i) In general.--An alien who is the subject of a final
order for violation of section 274C is deportable.
``(ii) Waiver authorized.--The Attorney General may waive
clause (i) in the case of an alien lawfully admitted for
permanent residence if no previous civil money penalty was
imposed against the alien under section 274C and the offense
was incurred solely to assist, aid, or support the alien's
spouse or child (and no other individual). No court shall
have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this clause.''.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.
(a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is
amended by adding at the end the following new subparagraph:
``(G) Student visa abusers.--An alien who obtains the
status of a nonimmigrant under section 101(a)(15)(F)(i) and
who violates a term or condition of such status under section
214(l) is excludable until the alien has been outside the
United States for a continuous period of 5 years after the
date of the violation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens who obtain the status of a nonimmigrant
under section 101(a)(15)(F) of the Immigration and
Nationality Act after the end of the 60-day period beginning
on the date of the enactment of this Act, including aliens
whose status as such a nonimmigrant is extended after the end
of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.
(a) Exclusion of Aliens Who Have Unlawfully Voted.--Section
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section
301(b), is amended by adding at the end the following new
subparagraph:
``(D) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is
excludable.''.
(b) Deportation of Aliens Who Have Unlawfully Voted.--
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by
section 305(a)(2), is amended by adding at the end the
following new paragraph:
``(6) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is
deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to voting occurring before, on, or after the date
of the enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.
(a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is
amended by adding at the end the following: ``No waiver shall
be granted under this subsection in the case of an alien who
has previously been admitted to the United States as an alien
lawfully admitted for permanent residence if either since the
date of such admission the alien has been convicted of an
aggravated felony or the alien has not lawfully resided
continuously in the United States for a period of not less
than 7 years immediately preceding the date of initiation of
proceedings to remove the alien from the United States. No
court shall have jurisdiction to review a decision of the
Attorney General to grant or deny a waiver under this
subsection.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective on the date of the enactment of this Act
and shall apply in the case of any alien who is in exclusion
or deportation proceedings as of such date unless a final
administrative order in such proceedings has been entered as
of such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF
INADMISSIBILITY FOR CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is amended to
read as follows:
``(i)(1) The Attorney General may, in the discretion of the
Attorney General, waive the application of clause (i) of
subsection (a)(6)(C) in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence if it is
established to the satisfaction of the Attorney General that
the refusal of admission to the United States of such
immigrant alien would result in extreme hardship to the
citizen or lawfully resident spouse or parent of such an
alien.
``(2) No court shall have jurisdiction to review a decision
or action of the Attorney General regarding a waiver under
paragraph (1).''.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS
GROUND FOR DEPORTATION.
(a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is
amended by adding at the end the following:
``(E) Crimes of domestic violence, stalking, or violation
of protection order, crimes against children and .--
``(i) Domestic violence, stalking, and child abuse.--Any
alien who at any time after entry is convicted of a crime of
domestic violence, a crime of stalking, or a crime of child
abuse, child neglect, or child abandonment is deportable. For
purposes of this clause, the term `crime of domestic
violence' means any crime of violence (as defined in section
16 of title 18, United States Code) against a person
committed by a current or former spouse of the person, by an
individual with whom the person shares a child in common, by
an individual who is cohabiting with or has cohabited with
the person as a spouse, by an individual similarly situated
to a spouse of the person under the domestic or family
violence laws of the jurisdiction where the offense occurs,
or by any other individual against a person who is protected
from that individual's acts under the domestic or family
violence laws of the United States or any State, Indian
tribal government, or unit of local government.
``(ii) Violators of protection orders.--Any alien who at
any time after entry is enjoined under a protection order
issued by a court and whom the court determines has engaged
in conduct that violates the portion of a protection order
that involves protection against credible threats of
violence, repeated harassment, or bodily injury to the person
or persons for whom the protection order was issued is
deportable. For purposes of this clause, the term `protection
order' means any injunction issued for the purpose of
preventing violent or threatening acts of domestic violence,
including temporary or final orders issued by civil or
criminal courts (other than support or child custody orders
or provisions) whether obtained by filing an independent
action or as a pendente lite order in another proceeding.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to convictions, or violations of court orders,
occurring after the date of the enactment of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP
REQUIRED FOR WAIVER FROM EXCLUSION OR
DEPORTATION FOR SMUGGLING.
(a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11))
is amended by inserting ``an individual who at the time of
such action was'' after ``aided only''.
(b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C.
1251(a)(1)(E)(iii)) is amended by in
[[Page 2293]]
serting ``an individual who at the time of the offense was''
after ``aided only''.
(c) Effective Date.--The amendments made by this section
shall apply to applications for waivers filed before, on, or
after the date of the enactment of this Act, but shall not
apply to such an application for which a final determination
has been made as of the date of the enactment of this Act.
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED
CITIZENSHIP TO AVOID UNITED STATES TAXATION.
(a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)),
as redesignated by section 301(b) and as amended by section
347(a), is amended by adding at the end the following:
``(E) Former citizens who renounced citizenship to avoid
taxation.--Any alien who is a former citizen of the United
States who officially renounces United States citizenship and
who is determined by the Attorney General to have renounced
United States citizenship for the purpose of avoiding
taxation by the United States is excludable.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals who renounce United States
citizenship on and after the date of the enactment of this
Act.
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN ACT.
(a) Deportation for High Speed Flight.--For provision
making high speed flight from an immigration checkpoint
subject to deportation, see section 108(c).
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--For provision making aliens previously
removed and unlawfully present in the United States
inadmissible, see section 301(b).
(c) Inadmissibility of Illegal Entrants.--For provision
revising the ground of inadmissibility for illegal entrants
and immigration violators, see section 301(c).
(d) Deportation for Visa Violators.--For provision revising
the ground of deportation for illegal entrants, see section
301(d).
(e) Labor Certifications for Professional Athletes.--For
provision providing for continued validity of labor
certifications and classification petitions for professional
athletes, see section 624.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.
(a) Limitation on Provision of Summaries; Use of Special
Attorneys in Challenges to Classified Information.--
(1) No provision of summary in certain cases.--Section
504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended--
(A) in clause (ii), by inserting before the period at the
end the following: ``unless the judge makes the findings
under clause (iii)'', and
(B) by adding at the end the following new clause:
``(iii) Findings.--The findings described in this clause
are, with respect to an alien, that--
``(I) the continued presence of the alien in the United
States would likely cause serious and irreparable harm to the
national security or death or serious bodily injury to any
person, and
``(II) the provision of the summary would likely cause
serious and irreparable harm to the national security or
death or serious bodily injury to any person.''.
(2) Special challenge procedures.--Section 504(e)(3) (8
U.S.C. 1534(e)(3)) is amended by adding at the end the
following new subparagraphs:
``(E) Continuation of hearing without summary.--If a judge
makes the findings described in subparagraph (D)(iii)--
``(i) if the alien involved is an alien lawfully admitted
for permanent residence, the procedures described in
subparagraph (F) shall apply; and
``(ii) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in camera
and ex parte may be used pursuant to this paragraph.
``(F) Special procedures for access and challenges to
classified information by special attorneys in case of lawful
permanent aliens.--
``(i) In general.--The procedures described in this
subparagraph are that the judge (under rules of the removal
court) shall designate a special attorney to assist the
alien--
``(I) by reviewing in camera the classified information on
behalf of the alien, and
``(II) by challenging through an in camera proceeding the
veracity of the evidence contained in the classified
information.
``(ii) Restrictions on disclosure.--A special attorney
receiving classified information under clause (i)--
``(I) shall not disclose the information to the alien or to
any other attorney representing the alien, and
``(II) who discloses such information in violation of
subclause (I) shall be subject to a fine under title 18,
United States Code, imprisoned for not less than 10 years nor
more than 25 years, or both.''.
(3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is
amended--
(A) in paragraph (1), by striking ``The decision'' and
inserting ``Subject to paragraph (2), the decision'';
(B) in paragraph (3)(D), by inserting before the period at
the end the following: ``, except that in the case of a
review under paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a written summary
of classified information under section 504(c)(3), the Court
of Appeals shall review questions of fact de novo'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Automatic appeals in cases of permanent resident
aliens in which no summary provided.--
``(A) In general.--Unless the alien waives the right to a
review under this paragraph, in any case involving an alien
lawfully admitted for permanent residence who is denied a
written summary of classified information under section
504(e)(3) and with respect to which the procedures described
in section 504(e)(3)(F) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for the District of
Columbia Circuit.
``(B) Use of special attorney.--With respect to any issue
relating to classified information that arises in such
review, the alien shall be represented only by the special
attorney designated under section 504(e)(3)(F)(i) on behalf
of the alien.''.
(4) Establishment of panel of special attorneys.--Section
502 (8 U.S.C. 1532) is amended by adding at the end the
following new subsection:
``(e) Establishment of Panel of Special Attorneys.--The
removal court shall provide for the designation of a panel of
attorneys each of whom--
``(1) has a security clearance which affords the attorney
access to classified information, and
``(2) has agreed to represent permanent resident aliens
with respect to classified information under section
504(e)(3) in accordance with (and subject to the penalties
under) this title.''.
(5) Definition of special attorney.--Section 501 (8 U.S.C.
1531) is amended--
(A) by striking ``and'' at the end of paragraph (5),
(B) by striking the period at the end of paragraph (6) and
inserting ``; and'', and
(C) by adding at the end the following new paragraph:
``(7) the term `special attorney' means an attorney who is
on the panel established under section 502(e).''.
(b) Other Provisions Relating to Classified Information.--
(1) Introduction of classified information.--Section 504(e)
(8 U.S.C. 1534(e)) is amended--
(A) in paragraph (1)--
(i) by inserting after ``(A)'' the following: ``the
Government is authorized to use in a removal proceedings the
fruits of electronic surveillance and unconsented physical
searches authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without
regard to subsections (c), (e), (f), (g), and (h) of section
106 of that Act and'', and
(ii) by striking ``the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.)'' and inserting ``such
Act''; and
(B) by striking the period at the end of paragraph (3)(A)
and inserting the following: ``and neither the alien nor the
public shall be informed of such evidence or its sources
other than through reference to the summary provided pursuant
to this paragraph. Notwithstanding the previous sentence, the
Department of Justice may, in its discretion and, in the case
of classified information, after coordination with the
originating agency, elect to introduce such evidence in open
session.''.
(2) Maintenance of confidentiality of classified
information in arguments.--Section 504(f) (8 U.S.C. 1534(f))
is amended by adding at the end the following: ``The judge
may allow any part of the argument that refers to evidence
received in camera and ex parte to be heard in camera and ex
parte.''.
(3) Maintenance of confidentiality of classified
information in orders.--Section 504(j) (8 U.S.C. 1534(j)) is
amended by adding at the end the following: ``Any portion of
the order that would reveal the substance or source of
information received in camera and ex parte pursuant to
subsection (e) shall not be made available to the alien or
the public.''.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS
ORGANIZATIONS.
Section 212(a)(3)(B)(i)(IV) (8 U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104-132, is amended by inserting ``which the alien
knows or should have known is a terrorist organization''
after ``219,''.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST
ORGANIZATION DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by
section 302(a) of Public Law 104-132, is amended--
(1) by striking ``or'' at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon, and
(3) by adding at the end the following:
``(D) lacking substantial support in the administrative
record taken as a whole or in classified information
submitted to the court under paragraph (2), or
``(E) not in accord with the procedures required by law.''.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY
DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), and
(2) by inserting after paragraph (3) the following new
paragraph:
[[Page 2294]]
``(4) voluntary departure under section 244(e);''.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effective as
if included in the enactment of subtitle A of title IV of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).
Subtitle E--Transportation of Aliens
SEC. 361. DEFINITION OF STOWAWAY.
(a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)),
as amended by section 322(a)(1), is amended by adding at the
end the following new paragraph:
``(49) The term `stowaway' means any alien who obtains
transportation without the consent of the owner, charterer,
master or person in command of any vessel or aircraft through
concealment aboard such vessel or aircraft. A passenger who
boards with a valid ticket is not to be considered a
stowaway.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.
(a) Coverage of Noncontiguous Territory.--Section 238 (8
U.S.C. 1228), before redesignation as section 233 under
section 308(b)(4), is amended--
(1) in the heading, by striking ``contiguous'', and
(2) by striking ``contiguous'' each place it appears in
subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such
section is further amended by inserting ``or railroad train''
after ``aircraft''.
Subtitle F--Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.
(a) Definition of Term.--Paragraph (4) of section 101(b) (8
U.S.C. 1101(b)) is amended to read as follows:
``(4) The term `immigration judge' means an attorney whom
the Attorney General appoints as an administrative judge
within the Executive Office for Immigration Review, qualified
to conduct specified classes of proceedings, including a
hearing under section 240. An immigration judge shall be
subject to such supervision and shall perform such duties as
the Attorney General shall prescribe, but shall not be
employed by the Immigration and Naturalization Service.''.
(b) Substitution for Term ``Special Inquiry Officer''.--The
Immigration and Nationality Act is amended by striking ``a
special inquiry officer'', ``A special inquiry officer'',
``special inquiry officer'', and ``special inquiry officers''
and inserting ``an immigration judge'', ``An immigration
judge'', ``immigration judge'', and ``immigration judges'',
respectively, each place it appears in the following
sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), before its
repeal by section 306(c).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before redesignation by
section 308(b).
(4) Section 235 (8 U.S.C. 1225), before amendment by
section 302(a).
(5) Section 236 (8 U.S.C. 1226), before amendment by
section 303.
(6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by
section 306(a)(2).
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), before
repeal by section 306(b)(6).
(8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by
section 308(e)(13).
(9) Section 292 (8 U.S.C. 1362).
(c) Compensation for Immigration Judges.--
(1) In general.--There shall be four levels of pay for
immigration judges, under the Immigration Judge Schedule
(designated as IJ-1, 2, 3, and 4, respectively), and each
such judge shall be paid at one of those levels, in
accordance with the provisions of this subsection.
(2) Rates of pay.--
(A) The rates of basic pay for the levels established under
paragraph (1) shall be as follows:
70% of the next to highest rate of basic pay for the Senior Executive .
Service
80% of the next to highest rate of basic pay for the Senior Executive .
Service
90% of the next to highest rate of basic pay for the Senior Executive .
Service
92% of the next to highest rate of basic pay for the Senior Executive .
Service.
(B) Locality pay, where applicable, shall be calculated
into the basic pay for immigration judges.
(3) Appointment.--
(A) Upon appointment, an immigration judge shall be paid at
IJ-1, and shall be advanced to IJ-2 upon completion of 104
weeks of service, to IJ-3 upon completion of 104 weeks of
service in the next lower rate, and to IJ-4 upon completion
of 52 weeks of service in the next lower rate.
(B) Notwithstanding subparagraph (A), the Attorney General
may provide for appointment of an immigration judge at an
advanced rate under such circumstances as the Attorney
General may determine appropriate.
(4) Transition.--Immigration judges serving as of the
effective date shall be paid at the rate that corresponds to
the amount of time, as provided under paragraph (3)(A), that
they have served as an immigration judge, and in no case
shall be paid less after the effective date than the rate of
pay prior to the effective date.
(d) Effective Dates.--
(1) Subsections (a) and (b) shall take effect on the date
of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after the date
of the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.
Section 103(a) (8 U.S.C. 1103(a)) is amended--
(1) inserting ``(1)'' after ``(a)'',
(2) by designating each sentence (after the first sentence)
as a separate paragraph with appropriate consecutive
numbering and initial indentation,
(3) by adding at the end the following new paragraph:
``(8) In the event the Attorney General determines that an
actual or imminent mass influx of aliens arriving off the
coast of the United States, or near a land border, presents
urgent circumstances requiring an immediate Federal response,
the Attorney General may authorize any State or local law
enforcement officer, with the consent of the head of the
department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise any of the
powers, privileges, or duties conferred or imposed by this
Act or regulations issued thereunder upon officers or
employees of the Service.''.
SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE
COMMISSIONER.
Section 103 (8 U.S.C. 1103) is amended--
(1) by adding at the end of subsection (a) the following
new paragraph:
``(9) The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is
authorized--
``(A) to make payments from funds appropriated for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration for
necessary clothing, medical care, necessary guard hire, and
the housing, care, and security of persons detained by the
Service pursuant to Federal law under an agreement with a
State or political subdivision of a State; and
``(B) to enter into a cooperative agreement with any State,
territory, or political subdivision thereof, for the
necessary construction, physical renovation, acquisition of
equipment, supplies or materials required to establish
acceptable conditions of confinement and detention services
in any State or unit of local government which agrees to
provide guaranteed bed space for persons detained by the
Service.''; and
(2) by adding at the end of subsection (c), as redesignated
by section 102(d)(1), the following: ``The Commissioner may
enter into cooperative agreements with State and local law
enforcement agencies for the purpose of assisting in the
enforcement of the immigration laws.''.
SEC. 374. JUDICIAL DEPORTATION.
(a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as
added by section 224(a) of Immigration and Nationality
Technical Corrections Act of 1994 and before redesignation by
section 308(b)(5), is amended--
(1) in paragraph (1), by striking ``whose criminal
conviction causes such alien to be deportable under section
241(a)(2)(A)'' and inserting ``who is deportable'';
(2) in paragraph (4), by striking ``without a decision on
the merits''; and
(3) by adding at the end the following new paragraph:
``(5) Stipulated judicial order of deportation.--The United
States Attorney, with the concurrence of the Commissioner,
may, pursuant to Federal Rule of Criminal Procedure 11, enter
into a plea agreement which calls for the alien, who is
deportable under this Act, to waive the right to notice and a
hearing under this section, and stipulate to the entry of a
judicial order of deportation from the United States as a
condition of the plea agreement or as a condition of
probation or supervised release, or both. The United States
district court, in both felony and misdemeanor cases, and a
United States magistrate judge in misdemeanor cases, may
accept such a stipulation and shall have jurisdiction to
enter a judicial order of deportation pursuant to the terms
of such stipulation.''.
(b) Deportation As a Condition of Probation.--Section
3563(b) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (20);
(2) by redesignating paragraph (21) as paragraph (22); and
(3) by inserting after paragraph (20) the following new
paragraph:
``(21) be ordered deported by a United States district
court, or United States magistrate judge, pursuant to a
stipulation entered into by the defendant and the United
States under section 242A(d)(5) of the Immigration and
Nationality Act, except that, in the absence of a
stipulation, the United States district court or a United
States magistrate judge, may order deportation as a condition
of probation, if, after notice and hearing pursuant to such
section, the Attorney General demonstrates by clear and
convincing evidence that the alien is deportable; or''.
(c) Effective Date.--The amendment made by subsection
(a)(2) shall be effective as if included in the enactment of
section 224(a) of the Immigration and Nationality Technical
Corrections Act of 1994.
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended--
[[Page 2295]]
(1) by striking ``or (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; (7) any alien who seeks adjustment of status
to that of an immigrant under section 203(b) and is not in a
lawful nonimmigrant status; or (8) any alien who was employed
while the alien was an unauthorized alien, as defined in
section 274A(h)(3), or who has otherwise violated the terms
of a nonimmigrant visa''.
SEC. 376. TREATMENT OF CERTAIN FEES.
(a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as
added by section 506(b) of Public Law 103-317, is amended--
(1) in paragraph (1), by striking ``five times the fee
required for the processing of applications under this
section'' and inserting ``$1,000''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) The portion of each application fee (not to exceed
$200) that the Attorney General determines is required to
process an application under this section and is remitted to
the Attorney General pursuant to paragraphs (1) and (2) of
this subsection shall be disposed of by the Attorney General
as provided in subsections (m), (n), and (o) of section 286.
``(B) Any remaining portion of such fees remitted under
such paragraphs shall be deposited by the Attorney General
into the Immigration Detention Account established under
section 286(s).''.
(b) Immigration Detention Account.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following new
subsection:
``(s) Immigration Detention Account.--(1) There is
established in the general fund of the Treasury a separate
account which shall be known as the `Immigration Detention
Account'. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the
Immigration Detention Account amounts described in section
245(i)(3)(B) to remain available until expended.
``(2)(A) The Secretary of the Treasury shall refund out of
the Immigration Detention Account to any appropriation the
amount paid out of such appropriation for expenses incurred
by the Attorney General for the detention of aliens under
sections 236(c) and 241(a).
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the
expenses referred to in subparagraph (A). Proper adjustments
shall be made in the amounts subsequently refunded under
subparagraph (A) to the extent prior estimates were in excess
of, or less than, the amount required to be refunded under
subparagraph (A).
``(C) The amounts required to be refunded from the
Immigration Detention Account for fiscal year 1997 and
thereafter shall be refunded in accordance with estimates
made in the budget request of the Attorney General for those
fiscal years. Any proposed changes in the amounts designated
in such budget requests shall only be made after notification
to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605
of Public Law 104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Detention Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(c) Effective Date.--The amendments made by this section
shall apply to applications made on or after the end of the
90-day period beginning on the date of the enactment of this
Act.
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.
(a) Limitation on Court Jurisdiction.--Section 245A(f)(4)
(8 U.S.C. 1255a(f)(4)) is amended by adding at the end the
following new subparagraph:
``(C) Jurisdiction of courts.--Notwithstanding any other
provision of law, no court shall have jurisdiction of any
cause of action or claim by or on behalf of any person
asserting an interest under this section unless such person
in fact filed an application under this section within the
period specified by subsection (a)(1), or attempted to file a
complete application and application fee with an authorized
legalization officer of the Service but had the application
and fee refused by that officer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of the
Immigration Reform and Control Act of 1986.
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.
(a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is
amended by adding at the end the following sentence:
``Nothing in this subsection shall require the Attorney
General to rescind the alien's status prior to commencement
of procedures to remove the alien under section 240, and an
order of removal issued by an immigration judge shall be
sufficient to rescind the alien's status.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the title III-A effective date (as
defined in section 309(a)).
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.
(a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8
U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--
(1) by striking ``unless, within 30 days, the Attorney
General modifies or vacates the decision and order'' and
inserting ``unless either (A) within 30 days, an official
delegated by regulation to exercise review authority over the
decision and order modifies or vacates the decision and
order, or (B) within 30 days of the date of such a
modification or vacation (or within 60 days of the date of
decision and order of an administrative law judge if not so
modified or vacated) the decision and order is referred to
the Attorney General pursuant to regulations''; and
(2) by striking ``a final order'' and inserting ``the final
agency decision and order''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to orders issued on or after the date of the
enactment of this Act.
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 274C the following new
section:
``civil penalties for failure to depart
``Sec. 274D. (a) In General.--Any alien subject to a final
order of removal who--
``(1) willfully fails or refuses to--
``(A) depart from the United States pursuant to the order,
``(B) make timely application in good faith for travel or
other documents necessary for departure, or
``(C) present for removal at the time and place required by
the Attorney General; or
``(2) conspires to or takes any action designed to prevent
or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
``(b) Construction.--Nothing in this section shall be
construed to diminish or qualify any penalties to which an
alien may be subject for activities proscribed by section
243(a) or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 274C the
following new item:
``Sec. 274D. Civil penalties for failure to depart.''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to actions occurring on or after the title III-A
effective date (as defined in section 309(a)).
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.
(a) In General.--Section 279 (8 U.S.C. 1329) is amended--
(1) by amending the first sentence to read as follows:
``The district courts of the United States shall have
jurisdiction of all causes, civil and criminal, brought by
the United States that arise under the provisions of this
title.'', and
(2) by adding at the end the following new sentence:
``Nothing in this section shall be construed as providing
jurisdiction for suits against the United States or its
agencies or officers.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to actions filed after the date of the enactment
of this Act.
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO
ENFORCEMENT.
(a) In General.--Subsection (b) of section 280 (8 U.S.C.
1330) is amended to read as follows:
``(b)(1) There is established in the general fund of the
Treasury a separate account which shall be known as the
`Immigration Enforcement Account'. Notwithstanding any other
section of this title, there shall be deposited as offsetting
receipts into the Immigration Enforcement Account amounts
described in paragraph (2) to remain available until
expended.
``(2) The amounts described in this paragraph are the
following:
``(A) The increase in penalties collected resulting from
the amendments made by sections 203(b) and 543(a) of the
Immigration Act of 1990.
``(B) Civil penalties collected under sections 240B(d),
274C, 274D, and 275(b).
``(3)(A) The Secretary of the Treasury shall refund out of
the Immigration Enforcement Account to any appropriation the
amount paid out of such appropriation for expenses incurred
by the Attorney General for activities that enhance
enforcement of provisions of this title. Such activities
include--
``(i) the identification, investigation, apprehension,
detention, and removal of criminal aliens;
``(ii) the maintenance and updating of a system to identify
and track criminal aliens, deportable aliens, inadmissible
aliens, and aliens illegally entering the United States; and
``(iii) for the repair, maintenance, or construction on the
United States border, in areas experiencing high levels of
apprehensions of illegal aliens, of structures to deter
illegal entry into the United States.
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the
expenses referred to in subparagraph (A). Proper adjustments
shall be made in the amounts subsequently refunded under
subparagraph (A) to the extent prior estimates were in excess
of, or less than, the amount required to be refunded under
subparagraph (A).
``(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996 and
thereafter shall be refunded in accordance with estimates
made in
[[Page 2296]]
the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts designated in such
budget requests shall only be made after notification to the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of Public Law
104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Enforcement Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(b) Immigration User Fee Account.--Section 286(h)(1)(B) (8
U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and
inserting ``243(c), 271,''.
(c) Effective Date.--The amendments made by this section
shall apply to fines and penalties collected on or after the
date of the enactment of this Act.
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY
PROGRAM.
(a) In General.--Section 301(e) of the Immigration Act of
1990 (8 U.S.C. 1255a note) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``, or'', and
(3) by adding at the end the following new paragraph:
``(3) has committed an act of juvenile delinquency which if
committed by an adult would be classified as--
``(A) a felony crime of violence that has an element the
use or attempted use of physical force against another
individual, or
``(B) a felony offense that by its nature involves a
substantial risk that physical force against another
individual may be used in the course of committing the
offense.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to benefits granted or extended after the date of
the enactment of this Act.
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) In General.--Except as provided in subsection (b), in
no case may the Attorney General, or any other official or
employee of the Department of Justice (including any bureau
or agency of such Department)--
(1) make an adverse determination of admissibility or
deportability of an alien under the Immigration and
Nationality Act using information furnished solely by--
(A) a spouse or parent who has battered the alien or
subjected the alien to extreme cruelty,
(B) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien or
subjected the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien's child
or subjected the alien's child to extreme cruelty (without
the active participation of the alien in the battery or
extreme cruelty), or
(D) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien's
child or subjected the alien's child to extreme cruelty when
the spouse or parent consented to or acquiesced in such
battery or cruelty and the alien did not actively participate
in such battery or cruelty,
unless the alien has been convicted of a crime or crimes
listed in section 241(a)(2) of the Immigration and
Nationality Act; or
(2) permit use by or disclosure to anyone (other than a
sworn officer or employee of the Department, or bureau or
agency thereof, for legitimate Department, bureau, or agency
purposes) of any information which relates to an alien who is
the beneficiary of an application for relief under clause
(iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii)
of section 204(a)(1)(B), section 216(c)(4)(C), or section
244(a)(3) of such Act as an alien (or the parent of a child)
who has been battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application
for relief is denied and all opportunities for appeal of the
denial have been exhausted.
(b) Exceptions.--
(1) The Attorney General may provide, in the Attorney
General's discretion, for the disclosure of information in
the same manner and circumstances as census information may
be disclosed by the Secretary of Commerce under section 8 of
title 13, United States Code.
(2) The Attorney General may provide in the discretion of
the Attorney General for the disclosure of information to law
enforcement officials to be used solely for a legitimate law
enforcement purpose.
(3) Subsection (a) shall not be construed as preventing
disclosure of information in connection with judicial review
of a determination in a manner that protects the
confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the battered
individuals in the case are adults and they have all waived
the restrictions of such subsection.
(c) Penalties for Violations.--Anyone who willfully uses,
publishes, or permits information to be disclosed in
violation of this section shall be subject to appropriate
disciplinary action and subject to a civil money penalty of
not more than $5,000 for each such violation.
(d) Conforming Amendments to Other Disclosure
Restrictions.--
(1) In general.--The last sentence of section 210(b)(6) and
the second sentence of section 245A(c)(5) (8 U.S.C.
1255a(c)(5)) are each amended to read as follows: ``Anyone
who uses, publishes, or permits information to be examined in
violation of this paragraph shall be subject to appropriate
disciplinary action and subject to a civil money penalty of
not more than $5,000 for each violation.''.
(2) Effective date.--The amendments made by this subsection
shall apply to offenses occurring on or after the date of the
enactment of this Act.
SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF
ALIENS.
In addition to the amounts otherwise authorized to be
appropriated for each fiscal year beginning with fiscal year
1996, there are authorized to be appropriated to the Attorney
General $150,000,000 for costs associated with the removal of
inadmissible or deportable aliens, including costs of
detention of such aliens pending their removal, the hiring of
more investigators, and the hiring of more detention and
deportation officers.
SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON
DETENTION SPACE.
(a) Increase in Detention Facilities.--Subject to the
availability of appropriations, the Attorney General shall
provide for an increase in the detention facilities of the
Immigration and Naturalization Service to at least 9,000 beds
before the end of fiscal year 1997.
(b) Report on Detention Space.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter, the
Attorney General shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate estimating the amount of detention space that will be
required, during the fiscal year in which the report is
submitted and the succeeding fiscal year, to detain--
(A) all aliens subject to detention under section 236(c) of
the Immigration and Nationality Act (as amended by section
303 of this title) and section 241(a) of the Immigration and
Nationality Act (as inserted by section 305(a)(3) of this
title);
(B) all excludable or deportable aliens subject to
proceedings under section 238 of the Immigration and
Nationality Act (as redesignated by section 308(b)(5) of this
title) or section 235(b)(2)(A) or 240 of the Immigration and
Nationality Act; and
(C) other excludable or deportable aliens in accordance
with the priorities established by the Attorney General.
(2) Estimate of number of aliens released into the
community.--
(A) Criminal aliens.--
(i) In general.--The first report submitted under paragraph
(1) shall include an estimate of the number of criminal
aliens who, in each of the 3 fiscal years concluded prior to
the date of the report--
(I) were released from detention facilities of the
Immigration and Naturalization Service (whether operated
directly by the Service or through contract with other
persons or agencies); or
(II) were not taken into custody or detention by the
Service upon completion of their incarceration.
(ii) Aliens convicted of aggravated felonies.--The estimate
under clause (i) shall estimate separately, with respect to
each year described in such clause, the number of criminal
aliens described in such clause who were convicted of an
aggravated felony.
(B) All excludable or deportable aliens.--The first report
submitted under paragraph (1) shall also estimate the number
of excludable or deportable aliens who were released into the
community due to a lack of detention facilities in each of
the 3 fiscal years concluded prior to the date of the report
notwithstanding circumstances that the Attorney General
believed justified detention (for example, a significant
probability that the released alien would not appear, as
agreed, at subsequent exclusion or deportation proceedings).
(C) Subsequent reports.--Each report under paragraph (1)
following the first such report shall include the estimates
under subparagraphs (A) and (B), made with respect to the 6-
month period immediately preceding the date of the submission
of the report.
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR
THE DETENTION OF INADMISSIBLE OR DEPORTABLE
ALIENS.
(a) Establishment.--The Attorney General and the Secretary
of Defense shall establish one or more pilot programs for up
to 2 years each to determine the feasibility of the use of
military bases, available because of actions under a base
closure law, as detention centers by the Immigration and
Naturalization Service. In selecting real property at a
military base for use as a detention center under the pilot
program, the Attorney General and the Secretary shall consult
with the redevelopment authority established for the military
base and give substantial deference to the redevelopment plan
prepared for the military base.
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Attorney General, together with
the Secretary of Defense, shall submit a report to the
Committees on the Judiciary of the House of Representatives
and of the Senate, and the Committees on Armed Services of
the House of Representatives and of the Senate, on the
feasibility of using military bases closed under a base
closure law as detention centers by the Immigration and
Naturalization Service.
[[Page 2297]]
(c) Definition.--For purposes of this section, the term
``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the
enactment of this Act.
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.
Not later than 30 months after the date of the enactment of
this Act, the Attorney General, in consultation with the
Secretary of State, shall submit a report to the Committees
on the Judiciary of the House of Representatives and of the
Senate on the operation of the program of interior
repatriation developed under section 437 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132).
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
SEC. 401. ESTABLISHMENT OF PROGRAMS.
(a) In General.--The Attorney General shall conduct 3 pilot
programs of employment eligibility confirmation under this
subtitle.
(b) Implementation Deadline; Termination.--The Attorney
General shall implement the pilot programs in a manner that
permits persons and other entities to have elections under
section 402 made and in effect no later than 1 year after the
date of the enactment of this Act. Unless the Congress
otherwise provides, the Attorney General shall terminate a
pilot program at the end of the 4-year period beginning on
the first day the pilot program is in effect.
(c) Scope of Operation of Pilot Programs.--The Attorney
General shall provide for the operation--
(1) of the basic pilot program (described in section
403(a)) in, at a minimum, 5 of the 7 States with the highest
estimated population of aliens who are not lawfully present
in the United States;
(2) of the citizen attestation pilot program (described in
section 403(b)) in at least 5 States (or, if fewer, all of
the States) that meet the condition described in section
403(b)(2)(A); and
(3) of the machine-readable-document pilot program
(described in section 403(c)) in at least 5 States (or, if
fewer, all of the States) that meet the condition described
in section 403(c)(2).
(d) References in Subtitle.--In this subtitle--
(1) Pilot program references.--The terms ``program'' or
``pilot program'' refer to any of the 3 pilot programs
provided for under this subtitle.
(2) Confirmation system.--The term ``confirmation system''
means the confirmation system established under section 404.
(3) References to section 274a.--Any reference in this
subtitle to section 274A (or a subdivision of such section)
is deemed a reference to such section (or subdivision
thereof) of the Immigration and Nationality Act.
(4) I-9 or similar form.--The term ``I-9 or similar form''
means the form used for purposes of section 274A(b)(1)(A) or
such other form as the Attorney General determines to be
appropriate.
(5) Limited application to recruiters and referrers.--Any
reference to recruitment or referral (or a recruiter or
referrer) in relation to employment is deemed a reference
only to such recruitment or referral (or recruiter or
referrer) that is subject to section 274A(a)(1)(B)(ii).
(6) United states citizenship.--The term ``United States
citizenship'' includes United States nationality.
(7) State.--The term ``State'' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT
PROGRAM.
(a) Voluntary Election.--Subject to subsection (c)(3)(B),
any person or other entity that conducts any hiring (or
recruitment or referral) in a State in which a pilot program
is operating may elect to participate in that pilot program.
Except as specifically provided in subsection (e), the
Attorney General may not require any person or other entity
to participate in a pilot program.
(b) Benefit of Rebuttable Presumption.--
(1) In general.--If a person or other entity is
participating in a pilot program and obtains confirmation of
identity and employment eligibility in compliance with the
terms and conditions of the program with respect to the
hiring (or recruitment or referral) of an individual for
employment in the United States, the person or entity has
established a rebuttable presumption that the person or
entity has not violated section 274A(a)(1)(A) with respect to
such hiring (or such recruitment or referral).
(2) Construction.--Paragraph (1) shall not be construed as
preventing a person or other entity that has an election in
effect under subsection (a) from establishing an affirmative
defense under section 274A(a)(3) if the person or entity
complies with the requirements of section 274A(a)(1)(B) but
fails to obtain confirmation under paragraph (1).
(c) General Terms of Elections.--
(1) In general.--An election under subsection (a) shall be
in such form and manner, under such terms and conditions, and
shall take effect, as the Attorney General shall specify. The
Attorney General may not impose any fee as a condition of
making an election or participating in a pilot program.
(2) Scope of election.--
(A) In general.--Subject to paragraph (3), any electing
person or other entity may provide that the election under
subsection (a) shall apply (during the period in which the
election is in effect)--
(i) to all its hiring (and all recruitment or referral) in
the State (or States) in which the pilot program is
operating, or
(ii) to its hiring (or recruitment or referral) in one or
more pilot program States or one or more places of hiring (or
recruitment or referral, as the case may be) in the pilot
program States.
(B) Application of programs in non-pilot program states.--
In addition, the Attorney General may permit a person or
entity electing--
(i) the basic pilot program (described in section 403(a))
to provide that the election applies to its hiring (or
recruitment or referral) in one or more States or places of
hiring (or recruitment or referral) in which the pilot
program is not otherwise operating, or
(ii) the citizen attestation pilot program (described in
403(b)) or the machine-readable-document pilot program
(described in section 403(c)) to provide that the election
applies to its hiring (or recruitment or referral) in one or
more States or places of hiring (or recruitment or referral)
in which the pilot program is not otherwise operating but
only if such States meet the requirements of 403(b)(2)(A) and
403(c)(2), respectively.
(3) Acceptance and rejection of elections.--
(A) In general.--Except as provided in subparagraph (B),
the Attorney General shall accept all elections made under
subsection (a).
(B) Rejection of elections.--The Attorney General may
reject an election by a person or other entity under this
section or limit its applicability to certain States or
places of hiring (or recruitment or referral) if the Attorney
General has determined that there are insufficient resources
to provide appropriate services under a pilot program for the
person's or entity's hiring (or recruitment or referral) in
any or all States or places of hiring.
(4) Termination of elections.--The Attorney General may
terminate an election by a person or other entity under this
section because the person or entity has substantially failed
to comply with its obligations under the pilot program. A
person or other entity may terminate an election in such form
and manner as the Attorney General shall specify.
(d) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall closely
consult with representatives of employers (and recruiters and
referrers) in the development and implementation of the pilot
programs, including the education of employers (and
recruiters and referrers) about such programs.
(2) Publicity.--The Attorney General shall widely publicize
the election process and pilot programs, including the
voluntary nature of the pilot programs and the advantages to
employers (and recruiters and referrers) of making an
election under this section.
(3) Assistance through district offices.--The Attorney
General shall designate one or more individuals in each
District office of the Immigration and Naturalization Service
for a Service District in which a pilot program is being
implemented--
(A) to inform persons and other entities that seek
information about pilot programs of the voluntary nature of
such programs, and
(B) to assist persons and other entities in electing and
participating in any pilot programs in effect in the
District, in complying with the requirements of section 274A,
and in facilitating confirmation of the identity and
employment eligibility of individuals consistent with such
section.
(e) Select Entities Required to Participate in a Pilot
Program.--
(1) Federal government.--
(A) Executive departments.--
(i) In general.--Each Department of the Federal Government
shall elect to participate in a pilot program and shall
comply with the terms and conditions of such an election.
(ii) Election.--Subject to clause (iii), the Secretary of
each such Department--
(I) shall elect the pilot program (or programs) in which
the Department shall participate, and
(II) may limit the election to hiring occurring in certain
States (or geographic areas) covered by the program (or
programs) and in specified divisions within the Department,
so long as all hiring by such divisions and in such locations
is covered.
(iii) Role of attorney general.--The Attorney General shall
assist and coordinate elections under this subparagraph in
such manner as assures that--
(I) a significant portion of the total hiring within each
Department within States covered by a pilot program is
covered under such a program, and
(II) there is significant participation by the Federal
Executive branch in each of the pilot programs.
(B) Legislative branch.--Each Member of Congress, each
officer of Congress, and the head of each agency of the
legislative branch, that conducts hiring in a State in
[[Page 2298]]
which a pilot program is operating shall elect to participate
in a pilot program, may specify which pilot program or
programs (if there is more than one) in which the Member,
officer, or agency will participate, and shall comply with
the terms and conditions of such an election.
(2) Application to certain violators.--An order under
section 274A(e)(4) or section 274B(g) of the Immigration and
Nationality Act may require the subject of the order to
participate in, and comply with the terms of, a pilot program
with respect to the subject's hiring (or recruitment or
referral) of individuals in a State covered by such a
program.
(3) Consequence of failure to participate.--If a person or
other entity is required under this subsection to participate
in a pilot program and fails to comply with the requirements
of such program with respect to an individual--
(A) such failure shall be treated as a violation of section
274A(a)(1)(B) with respect to that individual, and
(B) a rebuttable presumption is created that the person or
entity has violated section 274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution under
section 274A(f)(1).
(f) Construction.--This subtitle shall not affect the
authority of the Attorney General under any other law
(including section 274A(d)(4)) to conduct demonstration
projects in relation to section 274A.
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.
(a) Basic Pilot Program.--A person or other entity that
elects to participate in the basic pilot program described in
this subsection agrees to conform to the following procedures
in the case of the hiring (or recruitment or referral) for
employment in the United States of each individual covered by
the election:
(1) Provision of additional information.--The person or
entity shall obtain from the individual (and the individual
shall provide) and shall record on the I-9 or similar form--
(A) the individual's social security account number, if the
individual has been issued such a number, and
(B) if the individual does not attest to United States
citizenship under section 274A(b)(2), such identification or
authorization number established by the Immigration and
Naturalization Service for the alien as the Attorney General
shall specify,
and shall retain the original form and make it available for
inspection for the period and in the manner required of I-9
forms under section 274A(b)(3).
(2) Presentation of documentation.--
(A) In general.--The person or other entity, and the
individual whose identity and employment eligibility are
being confirmed, shall, subject to subparagraph (B), fulfill
the requirements of section 274A(b) with the following
modifications:
(i) A document referred to in section 274A(b)(1)(B)(ii) (as
redesignated by section 412(a)) must be designated by the
Attorney General as suitable for the purpose of
identification in a pilot program.
(ii) A document referred to in section 274A(b)(1)(D) must
contain a photograph of the individual.
(iii) The person or other entity has complied with the
requirements of section 274A(b)(1) with respect to
examination of a document if the document reasonably appears
on its face to be genuine and it reasonably appears to
pertain to the individual whose identity and work eligibility
is being confirmed.
(B) Limitation of requirement to examine documentation.--If
the Attorney General finds that a pilot program would
reliably determine with respect to an individual whether--
(i) the person with the identity claimed by the individual
is authorized to work in the United States, and
(ii) the individual is claiming the identity of another
person,
if a person or entity could fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in
either subparagraph (B) or (D) of such section, the Attorney
General may provide that, for purposes of such requirement,
only such a document need be examined. In such case, any
reference in section 274A(b)(1)(A) to a verification that an
individual is not an unauthorized alien shall be deemed to be
a verification of the individual's identity.
(3) Seeking confirmation.--
(A) In general.--The person or other entity shall make an
inquiry, as provided in section 404(a)(1), using the
confirmation system to seek confirmation of the identity and
employment eligibility of an individual, by not later than
the end of 3 working days (as specified by the Attorney
General) after the date of the hiring (or recruitment or
referral, as the case may be).
(B) Extension of time period.--If the person or other
entity in good faith attempts to make an inquiry during such
3 working days and the confirmation system has registered
that not all inquiries were received during such time, the
person or entity can make an inquiry in the first subsequent
working day in which the confirmation system registers that
it has received all inquiries. If the confirmation system
cannot receive inquiries at all times during a day, the
person or entity merely has to assert that the entity
attempted to make the inquiry on that day for the previous
sentence to apply to such an inquiry, and does not have to
provide any additional proof concerning such inquiry.
(4) Confirmation or nonconfirmation.--
(A) Confirmation upon initial inquiry.--If the person or
other entity receives an appropriate confirmation of an
individual's identity and work eligibility under the
confirmation system within the time period specified under
section 404(b), the person or entity shall record on the I-9
or similar form an appropriate code that is provided under
the system and that indicates a final confirmation of such
identity and work eligibility of the individual.
(B) Nonconfirmation upon initial inquiry and secondary
verification.--
(i) Nonconfirmation.--If the person or other entity
receives a tentative nonconfirmation of an individual's
identity or work eligibility under the confirmation system
within the time period specified under 404(b), the person or
entity shall so inform the individual for whom the
confirmation is sought.
(ii) No contest.--If the individual does not contest the
nonconfirmation within the time period specified in section
404(c), the nonconfirmation shall be considered final. The
person or entity shall then record on the I-9 or similar form
an appropriate code which has been provided under the system
to indicate a tentative nonconfirmation.
(iii) Contest.--If the individual does contest the
nonconfirmation, the individual shall utilize the process for
secondary verification provided under section 404(c). The
nonconfirmation will remain tentative until a final
confirmation or nonconfirmation is provided by the
confirmation system within the time period specified in such
section. In no case shall an employer terminate employment of
an individual because of a failure of the individual to have
identity and work eligibility confirmed under this section
until a nonconfirmation becomes final. Nothing in this clause
shall apply to a termination of employment for any reason
other than because of such a failure.
(iv) Recording of conclusion on form.--If a final
confirmation or nonconfirmation is provided by the
confirmation system under section 404(c) regarding an
individual, the person or entity shall record on the I-9 or
similar form an appropriate code that is provided under the
system and that indicates a confirmation or nonconfirmation
of identity and work eligibility of the individual.
(C) Consequences of nonconfirmation.--
(i) Termination or notification of continued employment.--
If the person or other entity has received a final
nonconfirmation regarding an individual under subparagraph
(B), the person or entity may terminate employment (or
recruitment or referral) of the individual. If the person or
entity does not terminate employment (or recruitment or
referral) of the individual, the person or entity shall
notify the Attorney General of such fact through the
confirmation system or in such other manner as the Attorney
General may specify.
(ii) Failure to notify.--If the person or entity fails to
provide notice with respect to an individual as required
under clause (i), the failure is deemed to constitute a
violation of section 274A(a)(1)(B) with respect to that
individual and the applicable civil monetary penalty under
section 274A(e)(5) shall be (notwithstanding the amounts
specified in such section) no less than $500 and no more than
$1,000 for each individual with respect to whom such
violation occurred.
(iii) Continued employment after final nonconfirmation.--If
the person or other entity continues to employ (or to recruit
or refer) an individual after receiving final
nonconfirmation, a rebuttable presumption is created that the
person or entity has violated section 274A(a)(1)(A). The
previous sentence shall not apply in any prosecution under
section 274A(f)(1).
(b) Citizen Attestation Pilot Program.--
(1) In general.--Except as provided in paragraphs (3)
through (5), the procedures applicable under the citizen
attestation pilot program under this subsection shall be the
same procedures as those under the basic pilot program under
subsection (a).
(2) Restrictions.--
(A) State document requirement to participate in pilot
program.--The Attorney General may not provide for the
operation of the citizen attestation pilot program in a State
unless each driver's license or similar identification
document described in section 274A(b)(1)(D)(i) issued by the
State--
(i) contains a photograph of the individual involved, and
(ii) has been determined by the Attorney General to have
security features, and to have been issued through
application and issuance procedures, which make such document
sufficiently resistant to counterfeiting, tampering, and
fraudulent use that it is a reliable means of identification
for purposes of this section.
(B) Authorization to limit employer participation.--The
Attorney General may restrict the number of persons or other
entities that may elect to participate in the citizen
attestation pilot program under this subsection as the
Attorney General determines to be necessary to produce a
representative sample of employers and to reduce the
potential impact of fraud.
(3) No confirmation required for certain individuals
attesting to u.s. citizenship.--In the case of a person or
other entity hiring (or recruiting or referring) an
individual under the citizen attestation pilot program, if
the individual attests to United States citizenship (under
penalty of perjury on an I-9 or similar form which form
states on its face the criminal and other penalties pro
[[Page 2299]]
vided under law for a false representation of United States
citizenship)--
(A) the person or entity may fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in
either subparagraph (B)(i) or (D) of such section; and
(B) the person or other entity is not required to comply
with respect to such individual with the procedures described
in paragraphs (3) and (4) of subsection (a), but only if the
person or entity retains the form and makes it available for
inspection in the same manner as in the case of an I-9 form
under section 274A(b)(3).
(4) Waiver of document presentation requirement in certain
cases.--
(A) In general.--In the case of a person or entity that
elects, in a manner specified by the Attorney General
consistent with subparagraph (B), to participate in the pilot
program under this paragraph, if an individual being hired
(or recruited or referred) attests (in the manner described
in paragraph (3)) to United States citizenship and the person
or entity retains the form on which the attestation is made
and makes it available for inspection in the same manner as
in the case of an I-9 form under section 274A(b)(3), the
person or entity is not required to comply with the
procedures described in section 274A(b).
(B) Restriction.--The Attorney General shall restrict the
election under this paragraph to no more than 1,000 employers
and, to the extent practicable, shall select among employers
seeking to make such election in a manner that provides for
such an election by a representative sample of employers.
(5) Nonreviewable determinations.--The determinations of
the Attorney General under paragraphs (2) and (4) are within
the discretion of the Attorney General and are not subject to
judicial or administrative review.
(c) Machine-Readable-Document Pilot Program.--
(1) In general.--Except as provided in paragraph (3), the
procedures applicable under the machine-readable-document
pilot program under this subsection shall be the same
procedures as those under the basic pilot program under
subsection (a).
(2) State document requirement to participate in pilot
program.--The Attorney General may not provide for the
operation of the machine-readable-document pilot program in a
State unless driver's licenses and similar identification
documents described in section 274A(b)(1)(D)(i) issued by the
State include a machine-readable social security account
number.
(3) Use of machine-readable documents.--If the individual
whose identity and employment eligibility must be confirmed
presents to the person or entity hiring (or recruiting or
referring) the individual a license or other document
described in paragraph (2) that includes a machine-readable
social security account number, the person or entity must
make an inquiry through the confirmation system by using a
machine-readable feature of such document. If the individual
does not attest to United States citizenship under section
274A(b)(2), the individual's identification or authorization
number described in subsection (a)(1)(B) shall be provided as
part of the inquiry.
(d) Protection from Liability for Actions Taken on the
Basis of Information Provided by the Confirmation System.--No
person or entity participating in a pilot program shall be
civilly or criminally liable under any law for any action
taken in good faith reliance on information provided through
the confirmation system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--The Attorney General shall establish a
pilot program confirmation system through which the Attorney
General (or a designee of the Attorney General, which may be
a nongovernmental entity)--
(1) responds to inquiries made by electing persons and
other entities (including those made by the transmittal of
data from machine-readable documents under the machine-
readable pilot program) at any time through a toll-free
telephone line or other toll-free electronic media concerning
an individual's identity and whether the individual is
authorized to be employed, and
(2) maintains records of the inquiries that were made, of
confirmations provided (or not provided), and of the codes
provided to inquirers as evidence of their compliance with
their obligations under the pilot programs.
To the extent practicable, the Attorney General shall seek to
establish such a system using one or more nongovernmental
entities.
(b) Initial Response.--The confirmation system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing
confirmation or tentative nonconfirmation, the confirmation
system shall provide an appropriate code indicating such
confirmation or such nonconfirmation.
(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available
secondary verification process to confirm the validity of
information provided and to provide a final confirmation or
nonconfirmation within 10 working days after the date of the
tentative nonconfirmation. When final confirmation or
nonconfirmation is provided, the confirmation system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
(d) Design and Operation of System.--The confirmation
system shall be designed and operated--
(1) to maximize its reliability and ease of use by persons
and other entities making elections under section 402(a)
consistent with insulating and protecting the privacy and
security of the underlying information;
(2) to respond to all inquiries made by such persons and
entities on whether individuals are authorized to be employed
and to register all times when such inquiries are not
received;
(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
(4) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--
(A) the selective or unauthorized use of the system to
verify eligibility;
(B) the use of the system prior to an offer of employment;
or
(C) the exclusion of certain individuals from consideration
for employment as a result of a perceived likelihood that
additional verification will be required, beyond what is
required for most job applicants.
(e) Responsibilities of the Commissioner of Social
Security.--As part of the confirmation system, the
Commissioner of Social Security, in consultation with the
entity responsible for administration of the system, shall
establish a reliable, secure method, which, within the time
periods specified under subsections (b) and (c), compares the
name and social security account number provided in an
inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the
validity of the information provided regarding an individual
whose identity and employment eligibility must be confirmed,
the correspondence of the name and number, and whether the
individual has presented a social security account number
that is not valid for employment. The Commissioner shall not
disclose or release social security information (other than
such confirmation or nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration
and Naturalization Service.--As part of the confirmation
system, the Commissioner of the Immigration and
Naturalization Service, in consultation with the entity
responsible for administration of the system, shall establish
a reliable, secure method, which, within the time periods
specified under subsections (b) and (c), compares the name
and alien identification or authorization number described in
section 403(a)(1)(B) which are provided in an inquiry against
such information maintained by the Commissioner in order to
confirm (or not confirm) the validity of the information
provided, the correspondence of the name and number, and
whether the alien is authorized to be employed in the United
States.
(g) Updating Information.--The Commissioners of Social
Security and the Immigration and Naturalization Service shall
update their information in a manner that promotes the
maximum accuracy and shall provide a process for the prompt
correction of erroneous information, including instances in
which it is brought to their attention in the secondary
verification process described in subsection (c).
(h) Limitation on Use of the Confirmation System and Any
Related Systems.--
(1) In general.--Notwithstanding any other provision of
law, nothing in this subtitle shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this subtitle for any other
purpose other than as provided for under a pilot program.
(2) No national identification card.--Nothing in this
subtitle shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.
SEC. 405. REPORTS.
The Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate
reports on the pilot programs within 3 months after the end
of the third and fourth years in which the programs are in
effect. Such reports shall--
(1) assess the degree of fraudulent attesting of United
States citizenship,
(2) include recommendations on whether or not the pilot
programs should be continued or modified, and
(3) assess the benefits of the pilot programs to employers
and the degree to which they assist in the enforcement of
section 274A.
Subtitle B--Other Provisions Relating to Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS
OF PAPERWORK REQUIREMENTS.
(a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is
amended by adding at the end the following new paragraph:
``(6) Good faith compliance.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a person or entity is considered to have complied
with a requirement of this subsection notwithstanding a
technical or procedural failure to
[[Page 2300]]
meet such requirement if there was a good faith attempt to
comply with the requirement.
``(B) Exception if failure to correct after notice.--
Subparagraph (A) shall not apply if--
``(i) the Service (or another enforcement agency) has
explained to the person or entity the basis for the failure,
``(ii) the person or entity has been provided a period of
not less than 10 business days (beginning after the date of
the explanation) within which to correct the failure, and
``(iii) the person or entity has not corrected the failure
voluntarily within such period.
``(C) Exception for pattern or practice violators.--
Subparagraph (A) shall not apply to a person or entity that
has or is engaging in a pattern or practice of violations of
subsection (a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER
SANCTIONS PROGRAM.
(a) Reducing the Number of Documents Accepted for
Employment Verification.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ``or other alien
registration card, if the card'' and inserting ``, alien
registration card, or other document designated by the
Attorney General, if the document'' and redesignating such
clause as clause (ii), and
(C) in clause (ii), as so redesignated--
(i) in subclause (I), by striking ``or'' before ``such
other personal identifying information'' and inserting
``and'',
(ii) by striking ``and'' at the end of subclause (I),
(iii) by striking the period at the end of subclause (II)
and inserting ``, and'', and
(iv) by adding at the end the following new subclause:
``(III) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.'';
(2) in subparagraph (C)--
(A) by adding ``or'' at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause (ii); and
(3) by adding at the end the following new subparagraph:
``(E) Authority to prohibit use of certain documents.--If
the Attorney General finds, by regulation, that any document
described in subparagraph (B), (C), or (D) as establishing
employment authorization or identity does not reliably
establish such authorization or identity or is being used
fraudulently to an unacceptable degree, the Attorney General
may prohibit or place conditions on its use for purposes of
this subsection.''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end
the following new paragraph:
``(6) Treatment of documentation for certain employees.--
``(A) In general.--For purposes of this section, if--
``(i) an individual is a member of a collective-bargaining
unit and is employed, under a collective bargaining agreement
entered into between one or more employee organizations and
an association of two or more employers, by an employer that
is a member of such association, and
``(ii) within the period specified in subparagraph (B),
another employer that is a member of the association (or an
agent of such association on behalf of the employer) has
complied with the requirements of subsection (b) with respect
to the employment of the individual,
the subsequent employer shall be deemed to have complied with
the requirements of subsection (b) with respect to the hiring
of the employee and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this subparagraph is
3 years, or, if less, the period of time that the individual
is authorized to be employed in the United States.
``(C) Liability.--
``(i) In general.--If any employer that is a member of an
association hires for employment in the United States an
individual and relies upon the provisions of subparagraph (A)
to comply with the requirements of subsection (b) and the
individual is an alien not authorized to work in the United
States, then for the purposes of paragraph (1)(A), subject to
clause (ii), the employer shall be presumed to have known at
the time of hiring or afterward that the individual was an
alien not authorized to work in the United States.
``(ii) Rebuttal of presumption.--The presumption
established by clause (i) may be rebutted by the employer
only through the presentation of clear and convincing
evidence that the employer did not know (and could not
reasonably have known) that the individual at the time of
hiring or afterward was an alien not authorized to work in
the United States.
``(iii) Exception.--Clause (i) shall not apply in any
prosecution under subsection (f)(1).''.
(c) Elimination of Dated Provisions.--Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through
(n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection
(b), is amended by adding at the end the following new
paragraph:
``(7) Application to federal government.--For purposes of
this section, the term `entity' includes an entity in any
branch of the Federal Government.''.
(e) Effective Dates.--
(1) The amendments made by subsection (a) shall apply with
respect to hiring (or recruitment or referral) occurring on
or after such date (not later than 12 months after the date
of the enactment of this Act) as the Attorney General shall
designate.
(2) The amendment made by subsection (b) shall apply to
individuals hired on or after 60 days after the date of the
enactment of this Act.
(3) The amendment made by subsection (c) shall take effect
on the date of the enactment of this Act.
(4) The amendment made by subsection (d) applies to hiring
occurring before, on, or after the date of the enactment of
this Act, but no penalty shall be imposed under subsection
(e) or (f) of section 274A of the Immigration and Nationality
Act for such hiring occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED
FOR ENFORCEMENT OF EMPLOYER SANCTIONS
PROVISIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall submit
to the Committees on the Judiciary of the House of
Representatives and of the Senate a report on any additional
authority or resources needed--
(1) by the Immigration and Naturalization Service in order
to enforce section 274A of the Immigration and Nationality
Act, or
(2) by Federal agencies in order to carry out the Executive
Order of February 13, 1996 (entitled ``Economy and Efficiency
in Government Procurement Through Compliance with Certain
Immigration and Naturalization Act Provisions'') and to
expand the restrictions in such order to cover agricultural
subsidies, grants, job training programs, and other Federally
subsidized assistance programs.
(b) Reference to Increased Authorization of
Appropriations.--For provision increasing the authorization
of appropriations for investigators for violations of
sections 274 and 274A of the Immigration and Nationality Act,
see section 131.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO
WORK.
(a) In General.--Subsection (c) of section 290 (8 U.S.C.
1360) is amended to read as follows:
``(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the
Commissioner of Social Security shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on the aggregate quantity of social security
account numbers issued to aliens not authorized to be
employed, with respect to which, in such fiscal year,
earnings were reported to the Social Security Administration.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in
the United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the
earnings. The information shall be provided in an electronic
form agreed upon by the Commissioner and the Attorney
General.''.
(b) Report on Fraudulent Use of Social Security Account
Numbers.--The Commissioner of Social Security shall transmit
to the Attorney General, by not later than 1 year after the
date of the enactment of this Act, a report on the extent to
which social security account numbers and cards are used by
aliens for fraudulent purposes.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON
ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to
provide the alien's social security account number for
purposes of inclusion in any record of the alien maintained
by the Attorney General or the Service.''.
SEC. 416. SUBPOENA AUTHORITY.
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and''; and
(3) by inserting after subparagraph (B) the following:
``(C) immigration officers designated by the Commissioner
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place prior to the
filing of a complaint in a case under paragraph (2).''.
Subtitle C--Unfair Immigration-Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS
UNFAIR IMMIGRATION-RELATED EMPLOYMENT
PRACTICES.
(a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6))
is amended--
(1) by striking ``For purposes of paragraph (1), a'' and
inserting ``A''; and
(2) by striking ``relating to the hiring of individuals''
and inserting the following: ``if
[[Page 2301]]
made for the purpose or with the intent of discriminating
against an individual in violation of paragraph (1)''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to requests made on or after the date of the
enactment of this Act.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
(a) Statements of Congressional Policy.--The Congress makes
the following statements concerning national policy with
respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
(2) It continues to be the immigration policy of the United
States that--
(A) aliens within the nation's borders not depend on public
resources to meet their needs, but rather rely on their own
capabilities and the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not constitute an
incentive for immigration to the United States.
(3) Despite this principle of self-sufficiency, aliens have
been applying for and receiving public benefits from Federal,
State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved
incapable of assuring that individual aliens do not burden
the public benefits system.
(5) It is a compelling government interest to enact new
rules for eligibility and sponsorship agreements in order to
assure that aliens are self-reliant in accordance with
national immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the
availability of public benefits.
(b) Sense of Congress.--
(1) In general.--With respect to the authority of a State
to make determinations concerning the eligibility of aliens
for public benefits, it is the sense of the Congress that a
court should apply the same standard of review to an
applicable State law as that court uses in determining
whether an Act of Congress regulating the eligibility of
aliens for public benefits meets constitutional scrutiny.
(2) Strict scrutiny.--In cases where a court holds that a
State law determining the eligibility of aliens for public
benefits must be the least restrictive means available for
achieving a compelling government interest, a State that
chooses to follow the Federal classification in determining
the eligibility of aliens for public benefits, pursuant to
the authorization contained in this title, shall be
considered to have chosen the least restrictive means
available for achieving the compelling government interest of
assuring that aliens are self-reliant in accordance with
national immigration policy.
Subtitle A--Ineligibility of Excludable Deportable, and Nonimmigrant
Aliens From Public Assistance and Benefits
SEC. 501. MEANS-TESTED PUBLIC BENEFITS.
(a) In general.--Except as provided in subsection (b), and
notwithstanding any other provision of law, an ineligible
alien (as defined in subsection (d)) shall not be eligible to
receive any means-tested public benefits (as defined in
subsection (e)).
(b) Exceptions.--Subsection (a) shall not apply to any of
the following benefits:
(1)(A) Medical assistance under title XIX of the Social
Security Act (or any successor program to such title) for
care and services that are necessary for the treatment of an
emergency medical condition of the alien involved and are not
related to an organ transplant procedure.
(B) For purposes of this paragraph, the term ``emergency
medical condition'' means a medical condition (including
emergency labor and delivery) manifesting itself by acute
symptoms of sufficient severity (including severe pain) such
that the absence of immediate medical attention could
reasonably be expected to result in--
(i) placing the patient's health in serious jeopardy,
(ii) serious impairment to bodily functions, or
(iii) serious dysfunction of any bodily organ or part.
(2) Short-term noncash emergency disaster relief.
(3) Assistance or benefits under any of the following
(including any successor program to any of the following as
identified by the Attorney General in consultation with other
appropriate officials):
(A) The National School Lunch Act (42 U.S.C. 1751 et seq.).
(B) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
(C) Section 4 of the Agriculture and Consumer Protection
Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note).
(D) The Emergency Food Assistance Act of 1983 (Public Law
98-8; 7 U.S.C. 612c note).
(E) Section 110 of the Hunger Prevention Act of 1988
(Public Law 100-435; 7 U.S.C. 612c note).
(F) The food distribution program on Indian reservations
established under section 4(b) of Public Law 88-525 (7 U.S.C.
2013(b)).
(4) Public health assistance for immunizations and, if the
Secretary of Health and Human Services determines that it is
necessary to prevent the spread of a serious communicable
disease, for testing and treatment for any such diseases
(which may not include treatment for HIV infection or
acquired immune deficiency syndrome).
(5) Such other in-kind service or noncash assistance (such
as soup kitchens, crisis counseling, intervention (including
intervention for domestic violence), and short-term shelter)
as the Attorney General specifies, in the Attorney General's
sole and unreviewable discretion, after consultation with
appropriate government agencies, if--
(A) such service or assistance is delivered at the
community level, including through public or private
nonprofit agencies;
(B) such service or assistance is necessary for the
protection of life, safety, or public health; and
(C) such service or assistance or the amount or cost of
such service or assistance is not conditioned on the
recipient's income or resources.
(6) Benefits under laws administered by the Secretary of
Veterans Affairs and any other benefit available by reason of
service in the United States Armed Forces.
(c) Eligible Alien Defined.--For the purposes of this
section--
(1) In general.--The term ``eligible alien'' means an
alien--
(A) who is an alien lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(B) who is an alien granted asylum under section 208 of
such Act,
(C) who is an alien admitted as a refugee under section 207
of such Act,
(D) whose deportation has been withheld under section
241(b)(3) of such Act (as amended by section 305(a)(3)), or
(E) who is paroled into the United States under section
212(d)(5) of such Act for a period of at least 1 year, but
only for the first year of such parole.
(2) Inclusion of certain battered aliens.--Such term
includes--
(A) an alien who--
(i) has been battered or subjected to extreme cruelty in
the United States by a spouse or a parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented to, or
acquiesced in, such battery or cruelty, but only if (in the
opinion of the Attorney General, which opinion is not subject
to review by any court) there is a substantial connection
between such battery or cruelty and the need for the benefits
to be provided; and
(ii) has been approved or has a petition pending which sets
forth a prima facie case for--
(I) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and Nationality Act,
(II) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B) of the Act,
(III) suspension of deportation and adjustment of status
pursuant to section 244(a)(3) of such Act, or
(IV) status as a spouse or child of a United States citizen
pursuant to clause (i) of section 204(a)(1)(A) of such Act,
or classification pursuant to clause (i) of section
204(a)(1)(B) of such Act; or
(B) an alien--
(i) whose child has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent of the
alien (without the active participation of the alien in the
battery or cruelty), or by a member of the spouse or parent's
family residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or
cruelty, and the alien did not actively participate in such
battery or cruelty, but only if (in the opinion of the
Attorney General, which opinion is not subject to review by
any court) there is a substantial connection between such
battery or cruelty and the need for the benefits to be
provided; and
(ii) who meets the requirement of clause (ii) of
subparagraph (A).
Such term shall not apply to an alien during any period in
which the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as
the individual subjected to such battery or cruelty.
(d) Ineligible Alien Defined.--For purposes of this
section, the term ``ineligible alien'' means an individual
who is not--
(1) a citizen or national of the United States; or
(2) an eligible alien.
(e) Means-Tested Public Benefit.--For purposes of this
section, the term ``means-tested public benefit'' means any
public benefit (including cash, medical, housing, food, and
social services) provided or funded in whole or in part by
the Federal Government, or by a State or political
subdivision of a State, in which the eligibility of an
individual, household, or family eligibility unit for the
benefit or the amount of the benefit, or both, are determined
on the basis of income, resources, or financial need of the
individual, household, or unit.
(f) Effective Date.--
(1) In general.--This section shall apply to benefits
provided on or after such date as the Attorney General
specifies in regulations under paragraph (2). Such date shall
be at least 30 days, and not more than 60 days, after the
date the Attorney General first issues such regulations.
(2) Regulations.--The Attorney General (in consultation
with the heads of other appropriate agencies) shall first
issue regulations to carry out this section not later than
180 days after the date of the enactment of this Act. Such
regulations shall be effective
[[Page 2302]]
on an interim basis, pending change after opportunity for
public comment.
(3) Waiver authority.--The Attorney General is authorized
to waive any provision of this section in the case of
applications pending on the effective date of such provision.
SEC. 502. GRANTS, CONTRACTS, AND LICENSES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, an ineligible
alien (as defined in section 501(d)) shall not be eligible
for any grant, contract, loan, professional license, driver's
license, or commercial license provided or funded by any
agency of the United States or any State or political
subdivision of a State.
(b) Exceptions.--
(1) Nonimmigrant alien authorized to work in the United
States.--Subsection (a) shall not apply to an alien in lawful
nonimmigrant status who is authorized to work in the United
States with respect to the following:
(A) Any professional or commercial license required to
engage in such work.
(B) Any contract.
(C) A driver's license.
(2) Nonimmigrant alien.--Subsection (a) shall not apply to
an alien in lawful nonimmigrant status with respect to a
driver's license.
(3) Alien outside the united states.--Subsection (a) shall
not apply to an alien who is outside of the United States
with respect to any contract.
(c) Effective Date.--
(1) In general.--This section shall apply to contracts or
loan agreements entered into, and professional, commercial,
and driver's licenses issued (or renewed), on or after such
date as the Attorney General specifies in regulations under
paragraph (2). Such date shall be at least 30 days, and not
more than 60 days, after the date the Attorney General first
issues such regulations.
(2) Regulations.--The Attorney General (in consultation
with the heads of other appropriate agencies) shall first
issue regulations to carry out this section not later than
180 days after the date of the enactment of this Act. Such
regulations shall be effective on an interim basis, pending
change after opportunity for public comment.
(3) Waiver authority.--The Attorney General is authorized
to waive any provision of this section in the case of
applications pending on the effective date of such provision.
SEC. 503. UNEMPLOYMENT BENEFITS.
(a) Elimination of Crediting Employment Merely on Basis of
PRUCOL Status.--Section 3304(a)(14)(A) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``, was lawfully'' and inserting ``or was
lawfully'', and
(2) by striking ``, or was permanently'' and all that
follows up to the comma at the end.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to certifications of States for 1998
and subsequent years, or for 1999 and subsequent years in the
case of States the legislatures of which do not meet in a
regular session which closes in the calendar year 1997.
(c) Report.--The Secretary of Labor, in consultation with
the Attorney General, shall provide for a study of the impact
of limiting eligibility for unemployment compensation only to
individuals who are citizens or nationals of the United
States or eligible aliens (as defined in section 501(c)). Not
later than 2 years after the date of the enactment of this
Act, the Secretary shall submit a report on such study to the
Committee on the Judiciary and the Committee on Labor and
Human Resources of the Senate and the Committee on the
Judiciary and the Committee on Economic and Educational
Opportunities of the House of Representatives.
SEC. 504. SOCIAL SECURITY BENEFITS.
(a) Ineligibility of Aliens Not Lawfully Present for Social
Security Benefits.--
(1) In general.--Section 202 of the Social Security Act (42
U.S.C. 402) is amended by adding at the end the following new
subsection:
``Limitation on Payments to Aliens
``(y) Notwithstanding any other provision of law, no
monthly benefit under this title shall be payable to any
alien in the United States for any month during which such
alien is not lawfully present in the United States as
determined by the Attorney General.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to benefits for which applications
are filed on or after the first day of the first month that
begins at least 60 days after the date of the enactment of
this Act.
(b) No Crediting for Unauthorized Employment.--
(1) In general.--Section 210 of such Act (42 U.S.C. 410) is
amended by adding at the end the following new subsection:
``Demonstration of Required Citizenship Status
``(s) For purposes of this title, service performed by an
individual in the United States shall constitute `employment'
only if it is demonstrated to the satisfaction of the
Commissioner of Social Security that such service was
performed by such individual while such individual was a
citizen, a national, a permanent resident, or otherwise
authorized to be employed in the United States in such
service.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to services performed after December
31, 1996.
(c) Trade or Business.--
(1) In general.--Section 211 of such Act (42 U.S.C. 411) is
amended by adding at the end the following new subsection:
``Demonstration of Required Citizenship Status
``(j) For purposes of this title, a trade or business (as
defined in subsection (c)) carried on in the United States by
any individual shall constitute a `trade or business' only if
it is demonstrated to the satisfaction of the Commissioner of
Social Security that such trade or business (as so defined)
was carried on by such individual while such individual was a
citizen, a national, a permanent resident, or otherwise
lawfully present in the United States carrying on such trade
or business.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any trade or business carried on
after December 31, 1996.
(d) Construction.--Nothing in the amendments made by this
section shall be construed to affect the application of
chapter 2 or chapter 21 of the Internal Revenue Code of 1986.
SEC. 505. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC
ASSISTANCE.
(a) Revision of SAVE Program.--
(1) In general.--Paragraph (2) of section 1137(d) of the
Social Security Act (42 U.S.C. 1320b-7(d)) is amended to read
as follows:
``(2) There must be presented the item (or items) described
in one of the following subparagraphs for that individual:
``(A) A United States passport (either current or expired
if issued both within the previous 12 years and after the
individual attained 18 years of age).
``(B) A resident alien card or an alien registration card,
if the card (i) contains a photograph of the individual and
(ii) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(C) A driver's license or similar document issued for the
purpose of identification by a State, if it contains a
photograph of the individual.
``(D) If the individual attests to being a citizen or
national of the United States and that the individual does
not have other documentation under this paragraph (under
penalty of perjury), such other documents or evidence that
identify the individual as the Attorney General may designate
as constituting reasonable evidence indicating United States
citizenship or nationality.''.
(2) Temporary eligibility for benefits.--Section 1137(d) of
such Act is further amended by adding after paragraph (5) the
following new paragraph (6):
``(6) If at the time of application for benefits, the
documentation under paragraph (2) is not presented or
verified, such benefits may be provided to the applicant for
not more than 2 months, if--
``(A) the applicant provides a written attestation (under
penalty of perjury) that the applicant is a citizen or
national of the United States, or
``(B) the applicant provides documentation certified by the
Department of State or the Department of Justice, which the
Attorney General determines constitutes reasonable evidence
indicating satisfactory immigration status.''.
(3) Conforming amendments.--Section 1137(d) of such Act is
further amended in paragraph (3), by striking ``(2)(A) is
presented'' and inserting ``(2)(B) is presented and contains
the individual's alien admission number or alien file number
(or numbers if the individual has more than one number)''.
(b) SSI.--Section 1631(e) of such Act (42 U.S.C.
1383(e)(7)) is amended by adding at the end the following new
paragraph:
``(8) The Commissioner of Social Security shall provide for
the application under this title of rules similar to the
requirements of section 1137(d), insofar as they apply to the
verification of immigration or citizenship status for
eligibility for supplemental security income benefits under
this title.''.
(c) Effective Date.--
(1) In general.--This section shall apply to application
for benefits filed on or after such date as the Attorney
General specifies in regulations under paragraph (2). Such
date shall be at least 60 days, and not more than 90 days,
after the date the Attorney General first issues such
regulations.
(2) Regulations.--The Attorney General (in consultation
with the heads of other appropriate agencies) shall first
issue regulations to carry out this section (and the
amendments made by this section) not later than 180 days
after the date of the enactment of this Act. Such regulations
shall be effective on an interim basis, pending change after
opportunity for public comment.
SEC. 506. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF
ELIGIBILITY FOR STATE PROGRAMS.
(a) In General.--In carrying out this title (and the
amendments made by this title), subject to section 510, a
State or political subdivision is authorized to require an
applicant for benefits under a program of a State or
political subdivision to provide proof of eligibility
consistent with the provisions of this title.
(b) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL
TREATMENT OF ALIENS NOT LAWFULLY PRESENT ON
BASIS OF RESIDENCE FOR HIGHER EDUCATION
BENEFITS.
(a) In General.--Notwithstanding any other provision of
law, an alien who is not lawfully present in the United
States shall not be eligible on the basis of residence with
[[Page 2303]]
in a State (or a political subdivision) for any postsecondary
education benefit unless a citizen or national of the United
States is eligible for such a benefit (in no less an amount,
duration, and scope) without regard to whether the citizen or
national is such a resident.
(b) Effective Date.--This section shall apply to benefits
provided on or after July 1, 1998.
SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINANCIAL
ASSISTANCE.
(a) In General.--No student shall be eligible for
postsecondary Federal student financial assistance unless--
(1) the student has certified that the student is a citizen
or national of the United States or an alien lawfully
admitted for permanent residence, and
(2) the Secretary of Education has verified such
certification.
(b) Report Requirement.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education and the
Commissioner of Social Security shall jointly submit to the
appropriate committees of the Congress a report on the
computer matching program of the Department of Education
under section 484(p) of the Higher Education Act of 1965.
(2) Report elements.--The report under paragraph (1) shall
include the following:
(A) An assessment by the Secretary and the Commissioner of
the effectiveness of the computer matching program, and a
justification for such assessment.
(B) The ratio of successful matches under the program to
inaccurate matches.
(C) Such other information as the Secretary and the
Commissioner jointly consider appropriate.
(3) Appropriate committees of the Congress.--For purposes
of this subsection the term ``appropriate committees of the
Congress'' means the Committee on Economic and Educational
Opportunities and the Committee on the Judiciary of the House
of Representatives and the Committee on Labor and Human
Resources and the Committee on the Judiciary of the Senate.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 509. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF
SOCIAL SECURITY AND HIGHER EDUCATIONAL
ASSISTANCE.
(a) Social Security Act State Income and Eligibility
Verification Systems.--Section 1137(d)(4)(B)(i)) of the
Social Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is
amended to read as follows:
``(i) the State shall transmit to the Immigration and
Naturalization Service either photostatic or other similar
copies of such documents, or information from such documents,
as specified by the Immigration and Naturalization Service,
for official verification,''.
(b) Eligibility for Assistance Under Higher Education Act
of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as
follows:
``(i) the institution shall transmit to the Immigration and
Naturalization Service either photostatic or other similar
copies of such documents, or information from such documents,
as specified by the Immigration and Naturalization Service,
for official verification,''.
SEC. 510. NO VERIFICATION REQUIREMENT FOR NONPROFIT
CHARITABLE ORGANIZATIONS.
(a) In General.--Subject to subsection (b), and
notwithstanding any other provision of this title, a
nonprofit charitable organization, in providing any means-
tested public benefit (as defined in section 501(e), but not
including any hospital benefit, as defined by the Attorney
General in consultation with Secretary of Health and Human
Services) is not required to determine, verify, or otherwise
require proof of eligibility of any applicant for such
benefits.
(b) Requirement of State or Federal Determination of
Eligibility.--
(1) In General.--Except as provided in paragraph (3), in
order for a nonprofit charitable organization to provide to
an applicant any means-tested public benefit, the
organization shall obtain the following:
(A) In the case of a citizen or national of the United
States, a written attestation (under penalty of perjury) that
the applicant is a citizen or national of the United States.
(B) In the case of an alien and subject to paragraph (2),
written verification, from an appropriate State or Federal
agency, of the applicant's eligibility for assistance or
benefits and the amount of assistance or benefits for which
the applicant is eligible.
(2) No notification within 10 days.--If the organization is
not notified within 10 business days after a request of an
appropriate State or Federal agency for verification under
paragraph (1)(B), the requirement under paragraph (1) shall
not apply to any means-tested public benefit provided to such
applicant by the organization until 30 calendar days after
such notification is received.
(3) Limitations.--
(A) Private funds.--The requirement under paragraph (1)
shall not apply to assistance or benefits provided through
private funds.
(B) Section 501 excepted benefits.--The requirement under
paragraph (1) shall not apply to assistance or benefits
described in section 501(b) which are not subject to the
limitations of section 501(a).
(4) Administration.--
(A) In general.--The Attorney General shall through
regulation provide for an appropriate procedure for the
verification required under paragraph (1)(B).
(B) Time period for response.-- The appropriate State or
Federal agencies shall provide for a response to a request
for verification under paragraph (1)(B) of an applicant's
eligibility under section 501(a) of this title and the amount
of eligibility under section 552 (or comparable provisions of
State law as authorized under section 553 or 554) not later
than 10 business days after the date the request is made.
(C) Recordkeeping.--If the Attorney General determines that
recordkeeping is required for the purposes of this section,
the Attorney General may require that such a record be
maintained for not more than 90 days.
SEC. 511. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC
BENEFITS TO INELIGIBLE ALIENS ON BEHALF OF
ELIGIBLE INDIVIDUALS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate and to the Inspector
General of the Department of Justice a report on the extent
to which means-tested public benefits are being paid or
provided to ineligible aliens in order to provide such
benefits to individuals who are United States citizens or
eligible aliens. Such report shall address the locations in
which such benefits are provided and the incidence of fraud
or misrepresentation in connection with the provision of such
benefits.
(b) Definitions.--The terms ``eligible alien'',
``ineligible alien'', and ``means-tested public benefits''
have the meanings given such terms in section 501.
Subtitle B--Expansion of Disqualification From Immigration Benefits on
the Basis of Public Charge
SEC. 531. GROUND FOR EXCLUSION.
(a) In General.--Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
``(4) Public charge.--
``(A) In general.--Any alien who, in the opinion of the
consular officer at the time of application for a visa, or in
the opinion of the Attorney General at the time of
application for admission or adjustment of status, is likely
at any time to become a public charge is excludable.
``(B) Factors to be taken into account.--(i) In determining
whether an alien is excludable under this paragraph, the
consular officer or the Attorney General shall at a minimum
consider the alien's--
``(I) age;
``(II) health;
``(III) family status;
``(IV) assets, resources, and financial status; and
``(V) education and skills.
``(ii) In addition to the factors under clause (i), the
consular officer or the Attorney General may also consider
any affidavit of support under section 213A for purposes of
exclusion under this paragraph.
``(C) Family-sponsored immigrants.--Any alien who seeks
admission or adjustment of status under a visa number issued
under section 201(b)(2) or 203(a) is excludable under this
paragraph unless--
``(i) the alien has obtained--
``(I) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A), or
``(II) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B); or
``(ii) the person petitioning for the alien's admission
(including any additional sponsor required under section
213A(g)) has executed an affidavit of support described in
section 213A with respect to such alien.
``(D) Certain employment-based immigrants.--Any alien who
seeks admission or adjustment of status under a visa number
issued under section 203(b) by virtue of a classification
petition filed by a relative of the alien (or by an entity in
which such relative has a significant ownership interest) is
excludable under this paragraph unless such relative has
executed an affidavit of support described in section 213A
with respect to such alien.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to applications submitted on or after such date,
not earlier than 30 days and not later than 60 days after the
date the Attorney General promulgates under section 551(e) a
standard form for an affidavit of support, as the Attorney
General shall specify, but subparagraphs (C) and (D) of
section 212(a)(4) of the Immigration and Nationality Act, as
so amended, shall not apply to applications with respect to
which an official interview with an immigration officer was
conducted before such effective date.
SEC. 532. GROUND FOR DEPORTATION.
(a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is
amended to read as follows:
``(5) Public charge.--
``(A) In general.--
``(i) Except as provided in subparagraph (B), an immigrant
who during the public charge period becomes a public charge,
regardless of when the cause for becoming a public charge
arises, is deportable.
``(ii) The immigrant shall be subject to deportation under
this paragraph only if the deportation proceeding is
initiated not later than the end of the 7-year period
beginning
[[Page 2304]]
on the last date the immigrant receives a benefit described
in subparagraph (D) during the public charge period.
``(B) Exceptions.--Subparagraph (A) shall not apply--
``(i) to an alien granted asylum under section 208;
``(ii) to an alien admitted as a refugee under section 207;
or
``(iii) if the cause of the alien's becoming a public
charge--
``(I) arose after entry in the case of an alien who entered
as an immigrant or after adjustment to lawful permanent
resident status in the case of an alien who entered as a
nonimmigrant, and
``(II) was a physical illness or physical injury so serious
the alien could not work at any job, or was a mental
disability that required continuous institutionalization.
``(C) Definitions.--
``(i) Public charge period.--For purposes of subparagraph
(A), the term `public charge period' means the period ending
7 years after the date on which the alien attains the status
of an alien lawfully admitted for permanent residence (or
attains such status on a conditional basis).
``(ii) Public charge.--For purposes of subparagraph (A),
the term `public charge' includes any alien who receives
benefits described in subparagraph (D) for an aggregate
period of at least 12 months or 36 months in the case of an
alien described in subparagraph (E).
``(D) Benefits described.--
``(i) In general.--Subject to clause (ii), the benefits
described in this subparagraph are means-tested public
benefits defined under section 213A(e)(1).
``(ii) Exceptions.--Benefits described in this subparagraph
shall not include the following:
``(I) Any benefits to which the exceptions described in
section 213A(e)(2) apply.
``(II) Emergency medical assistance (as defined in
subparagraph (F)).
``(III) Payments for foster care and adoption assistance
under parts B and E of title IV of the Social Security Act
made on the child's behalf under such part.
``(IV) Benefits under laws administered by the Secretary of
Veterans Affairs and any other benefit available by reason of
service in the United States Armed Forces.
``(V) Benefits under the Head Start Act.
``(VI) Benefits under the Job Training Partnership Act.
``(VII) Benefits under any English as a second language
program.
``(iii) Successor programs.--Benefits described in this
subparagraph shall include any benefits provided under any
successor program as identified by the Attorney General in
consultation with other appropriate officials.
``(E) Special rule for battered spouse and child.--Subject
to the second sentence of this subparagraph, an alien is
described under this subparagraph if the alien demonstrates
that--
``(i)(I) the alien has been battered or subjected to
extreme cruelty in the United States by a spouse or a parent,
or by a member of the spouse or parent's family residing in
the same household as the alien and the spouse or parent
consented or acquiesced to such battery or cruelty, or (II)
the alien's child has been battered or subjected to extreme
cruelty in the United States by a spouse or parent of the
alien (without the active participation of the alien in the
battery or cruelty), or by a member of the spouse or parent's
family residing in the same household as the alien when the
spouse or parent consented or acquiesced to and the alien did
not actively participate in such battery or cruelty;
``(ii) the need for benefits described in subparagraph (D)
beyond an aggregate period of 12 months has a substantial
connection to the battery or cruelty described in clause (i);
and
``(iii) any battery or cruelty under clause (i) has been
recognized in an order of a judge or an administrative law
judge or a prior determination of the Service.
An alien shall not be considered to be described under this
subparagraph during any period in which the individual
responsible for such battery or cruelty resides in the same
household or family eligibility unit as the individual
subjected to such battery or cruelty.
``(F) Emergency medical assistance.--
``(i) In general.--For purposes of subparagraph
(C)(ii)(II), the term `emergency medical assistance' means
medical assistance under title XIX of the Social Security Act
(or any successor program to such title) for care and
services that are necessary for the treatment of an emergency
medical condition of the alien involved and are not related
to an organ transplant procedure.
``(ii) Emergency medical condition defined.--For purposes
of this subparagraph, the term `emergency medical condition'
means a medical condition (including emergency labor and
delivery) manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that the absence of
immediate medical attention could reasonably be expected to
result in--
``(I) placing the patient's health in serious jeopardy,
``(II) serious impairment to bodily functions, or
``(III) serious dysfunction of any bodily organ or part.''.
(b) Exclusion and Deportation of Nonimmigrants Committing
Fraud or Misrepresentation in Obtaining Benefits.--
(1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)), as amended by section 344(a), is amended--
(A) by redesignating clause (iii) as clause (iv), and
(B) by inserting after clause (ii) the following clause
(iii):
``(iii) Nonimmigrant public benefit recipients.--Any alien
who was admitted as a nonimmigrant and who has obtained
benefits for which the alien was ineligible, through fraud or
misrepresentation, under Federal law is excludable for a
period of 5 years from the date of the alien's departure from
the United States.''.
(2) Deportation.--Section 241(a)(1)(C) (8 U.S.C.
1251(a)(1)(C)) is amended by adding after clause (ii) the
following:
``(iii) Nonimmigrant public benefit recipients.--Any alien
who was admitted as a nonimmigrant and who has obtained
through fraud or misrepresentation benefits for which the
alien was ineligible under Federal law is deportable.''.
(c) Ineligibility to Naturalization for Aliens Deportable
As Public Charge.--
(1) In general.--Chapter 2 of title III of the Act is
amended by inserting after section 315 the following new
section:``
ineligibility to naturalization for persons deportable as public charge
``Sec. 315A. (a) A person shall not be naturalized if the
person is deportable as a public charge under section
241(a)(5).
``(b) An applicant for naturalization shall provide a
written attestation, under penalty of perjury, as part of the
application for naturalization that the applicant is not
deportable as a public charge under section 241(a)(5) to the
best of the applicant's knowledge.
``(c) The Attorney General shall make a determination that
each applicant for naturalization is not deportable as a
public charge under section 241(a)(5).''.
(2) Clerical amendment.--The table of contents is amended
by inserting after the item relating to section 315 the
following:
``Sec. 315A. Ineligibility to naturalization for persons deportable as
public charge''.
(d) Effective Dates.--
(1) Subsection (a).--
(A) In general.--Except as provided in this paragraph, the
amendment made by subsection (a) shall apply only to aliens
who obtain the status of an alien lawfully admitted for
permanent residence more than 30 days after the date of the
enactment of this Act.
(B) Application to current aliens.--Such amendments shall
apply also to aliens who obtained the status of an alien
lawfully admitted for permanent residence less than 30 days
after the date of the enactment of this Act, but only with
respect to benefits received after the 1-year period
beginning on the date of enactment and benefits received
before such period shall not be taken into account.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect on the date of the enactment of this Act
and shall apply to fraud or misrepresentation committed
before, on, or after such date.
(3) Subsection (c).--The amendments made by subsection (c)
shall take effect on the date of the enactment of this Act
and shall apply to applications submitted on or after 30 days
after the date of the enactment of this Act.
Subtitle C--Affidavits of Support and Attribution of Income
SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II is amended by inserting after
section 213 the following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--
``(1) Terms of affidavit.--No affidavit of support may be
accepted by the Attorney General or by any consular officer
to establish that an alien is not excludable as a public
charge under section 212(a)(4) unless such affidavit is
executed by a sponsor of the alien as a contract--
``(A) in which the sponsor agrees to provide support to
maintain the sponsored alien at an annual income that is not
less than the appropriate percentage (applicable to the
sponsor under subsection (g)) of the Federal poverty line
during the period in which the affidavit is enforceable;
``(B) that is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, any State (or
any political subdivision of such State), or by any other
entity that provides any means-tested public benefit (as
defined in subsection (e)), consistent with the provisions of
this section; and
``(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (b)(2).
``(2) Period of enforceability.--An affidavit of support
shall be enforceable with respect to benefits provided for an
alien before the date the alien is naturalized as a citizen
of the United States, or, if earlier, the termination date
provided under paragraph (3).
``(3) Termination of period of enforceability upon
completion of required period of employment, etc.--
``(A) In general.--An affidavit of support is not
enforceable on or after the first day of a year if it is
demonstrated to the satisfaction of the Attorney General that
the sponsored alien may be credited with an aggregate of 40
qualifying quarters under this paragraph for previous years.
[[Page 2305]]
``(B) Qualifying quarter defined.--For purposes this
paragraph, the term `qualifying quarter' means a qualifying
quarter of coverage under title II of the Social Security Act
in which the sponsored alien--
``(i) has earned at least the minimum necessary for the
period to count as one of the 40 quarters required to qualify
for social security retirement benefits; and
``(ii) has not received any means-tested public benefit.
``(C) Crediting for dependents and spouses.--For purposes
of this paragraph, in determining the number of qualifying
quarters for which a sponsored alien has worked for purposes
of subparagraph (A), a sponsored alien not meeting the
requirement of subparagraph (B)(i) for any quarter shall be
treated as meeting such requirements if--
``(i) their spouse met such requirement for such quarter
and they filed a joint income tax return covering such
quarter; or
``(ii) the individual who claimed such sponsored alien as a
dependent on an income tax return covering such quarter met
such requirement for such quarter.
``(D) Provision of information to save system.--The
Attorney General shall ensure that appropriate information
regarding the application of this paragraph is provided to
the system for alien verification of eligibility (SAVE)
described in section 1137(d)(3) of the Social Security Act
(42 U.S.C. 1320b-7(d)(3)).
``(b) Reimbursement of Government Expenses.--
``(1) Request for reimbursement.--
``(A) Requirement.--Upon notification that a sponsored
alien has received any means-tested public benefit, the
appropriate nongovernmental entity which provided such
benefit or the appropriate entity of the Federal Government,
a State, or any political subdivision of a State shall
request reimbursement by the sponsor in an amount which is
equal to the unreimbursed costs of such benefit.
``(B) Regulations.--The Attorney General, in consultation
with the heads of other appropriate Federal agencies, shall
prescribe such regulations as may be necessary to carry out
subparagraph (A).
``(2) Actions to compel reimbursement.--
``(A) In case of nonresponse.--If within 45 days after a
request for reimbursement under paragraph (1)(A), the
appropriate entity has not received a response from the
sponsor indicating a willingness to commence payment an
action may be brought against the sponsor pursuant to the
affidavit of support.
``(B) In case of failure to pay.--If the sponsor fails to
abide by the repayment terms established by the appropriate
entity, the entity may bring an action against the sponsor
pursuant to the affidavit of support.
``(C) Limitation on actions.--No cause of action may be
brought under this paragraph later than 10 years after the
date on which the sponsored alien last received any means-
tested public benefit to which the affidavit of support
applies.
``(3) Use of collection agencies.--If the appropriate
entity under paragraph (1)(A) requests reimbursement from the
sponsor or brings an action against the sponsor pursuant to
the affidavit of support, the appropriate entity may appoint
or hire an individual or other person to act on behalf of
such entity acting under the authority of law for purposes of
collecting any amounts owed.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for
specific performance and payment of legal fees and other
costs of collection, and include corresponding remedies
available under State law. A Federal agency may seek to
collect amounts owed under this section in accordance with
the provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(d) Notification of Change of Address.--
``(1) General requirement.--The sponsor shall notify the
Attorney General and the State in which the sponsored alien
is currently a resident within 30 days of any change of
address of the sponsor during the period in which an
affidavit of support is enforceable.
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall,
after notice and opportunity to be heard, be subject to a
civil penalty of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the
sponsored alien has received any benefit described in section
241(a)(5)(D) not less than $2,000 or more than $5,000.
The Attorney General shall enforce this paragraph under
appropriate regulations.
``(e) Means-Tested Public Benefit.--
``(1) In general.--Subject to paragraph (2), the term
`means-tested public benefit' means any public benefit
(including cash, medical, housing, food, and social services)
provided or funded in whole or in part by the Federal
Government, or of a State or political subdivision of a
State, in which the eligibility of an individual, household,
or family eligibility unit for such benefit or the amount of
such benefit, or both are determined on the basis of income,
resources, or financial need of the individual, household, or
unit.
``(2) Exceptions.--Such term does not include the following
benefits:
``(A) Short-term noncash emergency disaster relief.
``(B) Assistance or benefits under--
``(i) the National School Lunch Act (42 U.S.C. 1751 et
seq.);
``(ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
``(iii) section 4 of the Agriculture and Consumer
Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c
note);
``(iv) the Emergency Food Assistance Act of 1983 (Public
Law 98-8; 7 U.S.C. 612c note);
``(v) section 110 of the Hunger Prevention Act of 1988
(Public Law 100-435; 7 U.S.C. 612c note); and
``(vi) the food distribution program on Indian reservations
established under section 4(b) of Public Law 88-525 (7 U.S.C.
2013(b)).
``(C) Public health assistance for immunizations and, if
the Secretary of Health and Human Services determines that it
is necessary to prevent the spread of a serious communicable
disease, for testing and treatment for such disease (which
may not include treatment for HIV infection or acquired
immune deficiency syndrome).
``(D) Benefits under programs of student assistance under
titles IV, V, IX, and X of the Higher Education Act of 1965
and titles III, VII, and VIII of the Public Health Service
Act.
``(E) Benefits under any means-tested programs under the
Elementary and Secondary Education Act of 1965.
``(F) Such other in-kind service or noncash assistance
(such as soup kitchens, crisis counseling, intervention
(including intervention for domestic violence) and short-
term, shelter) as the Attorney General specifies, in the
Attorney General's sole and unreviewable discretion, after
consultation with the heads of appropriate Federal agencies,
if--
``(i) such service or assistance is delivered at the
community level, including through public or private
nonprofit agencies;
``(ii) such service or assistance is necessary for the
protection of life, safety, or public health; and
``(iii) such service or assistance or the amount or cost of
such service or assistance is not conditioned on the
recipient's income or resources.
``(f) Jurisdiction.--An action to enforce an affidavit of
support executed under subsection (a) may be brought against
the sponsor in any appropriate court--
``(1) by a sponsored alien, with respect to financial
support; or
``(2) by the appropriate entity of the Federal Government,
a State or any political subdivision of a State, or by any
other nongovernmental entity under subsection (b)(2), with
respect to reimbursement.
``(g) Sponsor Defined.--
``(1) In general.--For purposes of this section the term
`sponsor' in relation to a sponsored alien means an
individual who executes an affidavit of support with respect
to the sponsored alien and who--
``(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(B) is at least 18 years of age;
``(C) is domiciled in any of the several States of the
United States, the District of Columbia, or any territory or
possession of the United States;
``(D) is petitioning for the admission of the alien under
section 204; and
``(E) demonstrates (as provided in paragraph (6)) the means
to maintain an annual income equal to at least 200 percent of
the Federal poverty line (or in the case of an affidavit for
a spouse or minor child of the petitioner 140 percent of the
Federal poverty line).
``(2) Income requirement case.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(E) but demonstrates (as provided in paragraph (6)) the
means to maintain an annual income equal to at least 125
percent of the Federal poverty line and accepts joint and
several liability together with an individual under paragraph
(5).
``(3) Active duty armed services case.--Such term also
includes an individual who does not meet the requirement of
paragraph (1)(E) but is on active duty (other than active
duty for training) in the Armed Forces of the United States,
is petitioning for the admission of the alien under section
204 as the spouse or child of the individual, and
demonstrates (as provided in paragraph (6)) the means to
maintain an annual income equal to at least 100 percent of
the Federal poverty line.
``(4) Certain employment-based immigrants case.--Such term
also includes an individual--
``(A) who does not meet the requirement of paragraph
(1)(D), but is the relative of the sponsored alien who filed
a classification petition for the sponsored alien as an
employment-based immigrant under section 203(b) or who has a
significant ownership interest in the entity that filed such
a petition; and
``(B)(i) who demonstrates (as provided under paragraph (6))
the means to maintain an annual income equal to at least 200
percent of the Federal poverty line (or in the case of an
affidavit for a spouse or minor child of the petitioner 140
percent of the Federal poverty line), or
``(ii) does not meet the requirement of paragraph (1)(E)
but demonstrates (as provided in paragraph (6)) the means to
maintain an annual income equal to at least 125 percent of
the Federal poverty line and accepts joint and several
liability together with an individual under paragraph (5).
``(5) Non-petitioning case.--Such term also includes an
individual who does not
[[Page 2306]]
meet the requirement of paragraph (1)(D) but who accepts
joint and several liability with a petitioning sponsor under
paragraph (2) or relative of an employment-based immigrant
under paragraph (4) and who demonstrates (as provided under
paragraph (6)) the means to maintain an annual income equal
to at least 200 percent of the Federal poverty line (or in
the case of an affidavit for a spouse or minor child of the
petitioner 140 percent of the Federal poverty line).
``(6) Demonstration of means to maintain income.--
``(A) In general.--
``(i) Method of demonstration.--For purposes of this
section, a demonstration of the means to maintain income
shall include provision of a certified copy of the
individual's Federal income tax return for the individual's 3
most recent taxable years and a written statement, executed
under oath or as permitted under penalty of perjury under
section 1746 of title 28, United States Code, that the copies
are certified copies of such returns.
``(ii) Percent of poverty.--For purposes of this section, a
reference to an annual income equal to at least a particular
percentage of the Federal poverty line means an annual income
equal to at least such percentage of the Federal poverty line
for a family unit of a size equal to the number of members of
the sponsor's household (including family and non-family
dependents) plus the total number of other dependents and
aliens sponsored by that sponsor.
``(B) Limitation.--The Secretary of State, or the Attorney
General in the case of adjustment of status, may provide that
the demonstration under subparagraph (A) applies only to the
most recent taxable year.
``(h) Federal Poverty Line Defined.--For purposes of this
section, the term `Federal poverty line' means the level of
income equal to the official poverty line (as defined by the
Director of the Office of Management and Budget, as revised
annually by the Secretary of Health and Human Services, in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902)) that is
applicable to a family of the size involved.
``(i) Sponsor's Social Security Account Number Required To
Be Provided.--(1) An affidavit of support shall include the
social security account number of each sponsor.
``(2) The Attorney General shall develop an automated
system to maintain the social security account number data
provided under paragraph (1).
``(3) The Attorney General shall submit an annual report to
the Committees on the Judiciary of the House of
Representatives and the Senate setting forth--
``(A) for the most recent fiscal year for which data are
available the number of sponsors under this section and the
number of sponsors in compliance with the financial
obligations of this section; and
``(B) a comparison of such numbers with the numbers of such
sponsors for the preceding fiscal year.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 213 the
following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(c) Settlement of Claims Prior to Naturalization.--Section
316(a) (8 U.S.C. 1427(a)) is amended by striking ``and''
before ``(3)'', and by inserting before the period at the end
the following: ``, and (4) in the case of an applicant that
has received assistance under a means-tested public benefits
program (as defined in subsection (e) of section 213A) and
with respect to which amounts are owing under an affidavit of
support executed under such section, provides satisfactory
evidence that there are no outstanding amounts that are owing
pursuant to such affidavit by any sponsor who executed such
affidavit''.
(d) Effective Date; Promulgation of Form.--
(1) In general.--The amendments made by this section shall
apply to affidavits of support executed on or after a date
specified by the Attorney General, which date shall be not
earlier than 60 days (and not later than 90 days) after the
date the Attorney General formulates the form for such
affidavits under paragraph (2).
(2) Promulgation of form.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General, in
consultation with the heads of other appropriate agencies,
shall promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the
Immigration and Nationality Act.
SEC. 552. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO
SPONSORED IMMIGRANTS.
(a) Deeming Requirement for Federal Means-Tested Public
Benefits.--Subject to subsections (d) and (h), for purposes
of determining the eligibility of an alien for any Federal
means-tested public benefit, and the amount of such benefit,
income and resources described in subsection (b) shall,
notwithstanding any other provision of law, be deemed to be
income and resources of such alien.
(b) Deemed Income and Resources.--The income and resources
described in this subsection shall include the income and
resources of--
(1) each sponsor under section 213A of the Immigration and
Nationality Act;
(2) each person who, as a sponsor of an alien's entry into
the United States, or in order to enable an alien lawfully to
remain in the United States, executed an affidavit of support
or similar agreement other than under section 213A with
respect to such alien, and
(3) each sponsor's spouse.
(c) Length of Deeming Period.--
(1) In general.--Subject to paragraph (3), for an alien for
whom an affidavit of support under section 213A of the
Immigration and Nationality Act has been executed, the
requirement of subsection (a) shall apply until the alien is
naturalized as a citizen of the United States.
(2) Special rule for outdated affidavit of support.--
Subject to paragraph (3), for an alien for whom an affidavit
of support has been executed other than as required under
section 213A of the Immigration and Nationality Act, the
requirement of subsection (a) shall apply for a period of 5
years beginning on the day such alien was provided lawful
permanent resident status after the execution of such
affidavit or agreement, but in no case after the date of
naturalization of the alien.
(3) Exception to general rule.--Subsection (a) shall not
apply and the period of attribution of a sponsor's income and
resources under this subsection with respect to an alien
shall terminate at such time as an affidavit of support of
such sponsor with respect to the alien becomes no longer
enforceable under section 213A(a)(3) of the Immigration and
Nationality Act.
(4) Provision of information to save.--The Attorney General
shall ensure that appropriate information regarding
sponsorship and the operation of this section is provided to
the system for alien verification of eligibility (SAVE)
described in section 1137(d)(3) of the Social Security Act
(42 U.S.C. 1320b-7(d)(3)).
(d) Exceptions.--
(1) Indigence.--
(A) In general.--For an alien for whom an affidavit of
support under section 213A of the Immigration and Nationality
Act has been executed, if a determination described in
subparagraph (B) is made, the amount of income and resources
of the sponsor or the sponsor's spouse which shall be
attributed to the sponsored alien shall not exceed the amount
actually provided for a period beginning on the date of such
determination and ending 12 months after such date.
(B) Determination described.--A determination described in
this subparagraph is a determination by an agency that a
sponsored alien would, in the absence of the assistance
provided by the agency, be unable to obtain food and shelter,
taking into account the alien's own income, plus any cash,
food, housing, or other assistance provided by other
individuals, including the sponsor. The agency shall notify
the Attorney General of each such determination, including
the names of the sponsor and the sponsored alien involved.
(2) Excepted benefits.--The requirements of subsection (a)
shall not apply to the following:
(A)(i) Medical assistance under title XIX of the Social
Security Act (or any successor program to such title) for
care and services that are necessary for the treatment of an
emergency medical condition of the alien involved and are not
related to an organ transplant procedure.
(ii) For purposes of this subparagraph, the term
``emergency medical condition'' means a medical condition
(including emergency labor and delivery) manifesting itself
by acute symptoms of sufficient severity (including severe
pain) such that the absence of immediate medical attention
could reasonably be expected to result in--
(I) placing the patient's health in serious jeopardy,
(II) serious impairment to bodily functions, or
(III) serious dysfunction of any bodily organ or part.
(B) Short-term noncash emergency disaster relief.
(C) Assistance or benefits under--
(i) the National School Lunch Act (42 U.S.C. 1751 et seq.);
(ii) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
(iii) section 4 of the Agriculture and Consumer Protection
Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note);
(iv) the Emergency Food Assistance Act of 1983 (Public Law
98-8; 7 U.S.C. 612c note);
(v) section 110 of the Hunger Prevention Act of 1988
(Public Law 100-435; 7 U.S.C. 612c note); and
(vi) the food distribution program on Indian reservations
established under section 4(b) of Public Law 88-525 (7 U.S.C.
2013(b)).
(D) Public health assistance for immunizations and, if the
Secretary of Health and Human Services determines that it is
necessary to prevent the spread of a serious communicable
disease, for testing and treatment for such disease (which
may not include treatment for HIV infection or acquired
immune deficiency syndrome).
(E) Benefits under programs of student assistance under
titles IV, V, IX, and X of the Higher Education Act of 1965
and titles III, VII, and VIII of the Public Health Service
Act.
(F) Benefits under any means-tested programs under the
Elementary and Secondary Education Act of 1965.
(G) Such other in-kind service or noncash assistance (such
as soup kitchens, crisis counseling, intervention (including
intervention for domestic violence) and short-term, shelter)
as the Attorney General specifies, in the Attorney General's
sole and unreviewable discretion, after consultation with the
heads of appropriate Federal agencies, if--
[[Page 2307]]
(i) such service or assistance is delivered at the
community level, including through public or private
nonprofit agencies;
(ii) such service or assistance is necessary for the
protection of life, safety, or public health; and
(iii) such service or assistance or the amount or cost of
such service or assistance is not conditioned on the
recipient's income or resources.
(e) Federal Means-Tested Public Benefit Defined.--The term
``Federal means-tested public benefit'' means any public
benefit (including cash, medical, housing, and food
assistance and social services) provided or funded in whole
or in part by the Federal Government in which the eligibility
of an individual, household, or family eligibility unit for
the benefit, or the amount of the benefit, or both are
determined on the basis of income, resources, or financial
need of the individual, household, or unit.
(f) Special Rule for Battered Spouse and Child.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits--
(A) during a 12 month period if the alien demonstrates that
(i) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a
member of the spouse or parent's family residing in the same
household as the alien and the spouse or parent consented to
or acquiesced to such battery or cruelty, or (ii) the alien's
child has been battered or subjected to extreme cruelty in
the United States by the spouse or parent of the alien
(without the active participation of the alien in the battery
or cruelty), or by a member of the spouse's or parent's
family residing in the same household as the alien when the
spouse or parent consented or acquiesced to and the alien did
not actively participate in such battery or cruelty, and the
battery or cruelty described in clause (i) or (ii) (in the
opinion of the agency providing such public benefits, which
opinion is not subject to review by any court) has a
substantial connection to the need for the public benefits
applied for; and
(B) after a 12 month period (regarding the batterer's
income and resources only) if the alien demonstrates that
such battery or cruelty under subparagraph (A) has been
recognized in an order of a judge or administrative law judge
or a prior determination of the Immigration and
Naturalization Service, and that such battery or cruelty (in
the opinion of the agency providing such public benefits,
which opinion is not subject to review by any court) has a
substantial connection to the need for the benefits.
(2) Limitation.--The exception under paragraph (1) shall
not apply to benefits for an alien during any period in which
the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as
the individual who was subjected to such battery or cruelty.
(g) Application.--
(1) In general.--The provisions of this section shall apply
with respect to determinations of eligibility and amount of
benefits for individuals for whom an application is filed on
or after the first day of the first month beginning more than
60 days after the date of the enactment of this Act.
(2) Redeterminations.--This section shall apply with
respect to any redetermination of eligibility and amount of
benefits occurring on or after the date determined under
paragraph (1).
(h) No Deeming Requirement for Nonprofit Charitable
Organizations.--A nonprofit charitable organization operating
any Federal means-tested public benefit program is not
required to deem that the income or assets of any applicant
for any benefit or assistance under such program include the
income or assets described in subsection (b).
SEC. 553. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES
AUTHORITY FOR STATE AND LOCAL GOVERNMENTS.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, a State or
political subdivision of a State is authorized, for purposes
of determining the eligibility of an alien for benefits and
the amount of benefits, under any means-based public benefit
program of a State or a political subdivision of a State
(other than a program of assistance provided or funded, in
whole or in part, by the Federal Government), to require that
the income and resources of any individual under section
552(b) be deemed to be the income and resources of such
alien.
(b) Limitations.--
(1) Exceptions.--Any attribution of income and resources
pursuant to the authority of subsection (a) shall be subject
to exceptions comparable to the exceptions of section 552(d).
(2) Period of deeming.--Any period of attribution of income
and resources pursuant to the authority of subsection (a)
shall not exceed the period of attribution under section
552(c).
SEC. 554. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF
STATES TO LIMIT ASSISTANCE TO ALIENS AND TO
DISTINGUISH AMONG CLASSES OF ALIENS IN
PROVIDING GENERAL CASH PUBLIC ASSISTANCE.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, a State or
political subdivision of a State is authorized to prohibit or
otherwise limit or restrict the eligibility of aliens or
classes of aliens for programs of general cash public
assistance furnished under the law of the State or a
political subdivision of a State.
(b) Limitation.--The authority provided for under
subsection (a) may be exercised only to the extent that any
prohibitions, limitations, or restrictions imposed by a State
or political subdivision of a State are not more restrictive
than the prohibitions, limitations, or restrictions imposed
under comparable Federal programs. For purposes of this
section, attribution to an alien of a sponsor's income and
resources (as described in section 552(b)) for purposes of
determining eligibility for, and the amount of, benefits
shall be considered less restrictive than a prohibition of
eligibility for such benefits.
Subtitle D--Miscellaneous Provisions
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR
COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR
AGENCY TO FACILITATE BENEFIT FRAUD BY AN
UNLAWFUL ALIEN.
Section 506 of title 18, United States Code, is amended to
read as follows:
``Sec. 506. Seals of departments or agencies
``(a) Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters the seal of any department or agency of the United
States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or
altered seal or facsimile thereof to or upon any certificate,
instrument, commission, document, or paper of any
description; or
``(3) with fraudulent intent, possesses, sells, offers for
sale, furnishes, offers to furnish, gives away, offers to
give away, transports, offers to transport, imports, or
offers to import any such seal or facsimile thereof, knowing
the same to have been so falsely made, forged, counterfeited,
mutilated, or altered,
shall be fined under this title, or imprisoned not more than
5 years, or both.
``(b) Notwithstanding subsection (a) or any other provision
of law, if a forged, counterfeited, mutilated, or altered
seal of a department or agency of the United States, or any
facsimile thereof, is--
``(1) so forged, counterfeited, mutilated, or altered;
``(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or paper of
any description; or
``(3) with fraudulent intent, possessed, sold, offered for
sale, furnished, offered to furnish, given away, offered to
give away, transported, offered to transport, imported, or
offered to import,
with the intent or effect of facilitating an alien's
application for, or receipt of, a Federal benefit to which
the alien is not entitled, the penalties which may be imposed
for each offense under subsection (a) shall be two times the
maximum fine, and 3 times the maximum term of imprisonment,
or both, that would otherwise be imposed for an offense under
subsection (a).
``(c) For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract, loan,
professional license, or commercial license provided by any
agency of the United States or by appropriated funds of the
United States; and
``(B) any retirement, welfare, Social Security, health
(including treatment of an emergency medical condition in
accordance with section 1903(v) of the Social Security Act
(19 U.S.C. 1396b(v))), disability, veterans, public housing,
education, food stamps, or unemployment benefit, or any
similar benefit for which payments or assistance are provided
by an agency of the United States or by appropriated funds of
the United States; and
``(2) each instance of forgery, counterfeiting, mutilation,
or alteration shall constitute a separate offense under this
section.''.
SEC. 562. COMPUTATION OF TARGETED ASSISTANCE.
(a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is
amended by adding at the end the following new subparagraph:
``(C) All grants made available under this paragraph for a
fiscal year (other than the Targeted Assistance Ten Percent
Discretionary Program) shall be allocated by the Office of
Resettlement in a manner that ensures that each qualifying
county shall receive the same amount of assistance for each
refugee and entrant residing in the county as of the
beginning of the fiscal year who arrived in the United States
not more than 60 months prior to such fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective for fiscal years after fiscal year 1996.
SEC. 563. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL
SERVICES EXCEPTION.
(a) In General.--Subject to such amounts as are provided in
advance in appropriation Acts, each State or political
subdivision of a State that provides medical assistance for
care and treatment of an emergency medical condition (as
defined for purposes of section 501(b)(1)) through a public
hospital or other public facility (including a nonprofit
hospital that is eligible for an additional payment
adjustment under section 1886 of the Social Security Act) or
through contract with another hospital or facility to an
individual who is an alien not lawfully present in the United
States is eligible for payment from the Federal Government of
its costs of providing such services, but only to the extent
that such costs are not otherwise reimbursed through any
other Federal program and cannot be recovered from the alien
or another person.
[[Page 2308]]
(b) Confirmation of Immigration Status Required.--No
payment shall be made under this section with respect to
services furnished to an individual unless the immigration
status of the individual has been verified through
appropriate procedures established by the Secretary of Health
and Human Services and the Attorney General.
(c) Administration.--This section shall be administered by
the Attorney General, in consultation with the Secretary of
Health and Human Services.
(d) Effective Date.--Subsection (a) shall apply to medical
assistance for care and treatment of an emergency medical
condition furnished on or after October 1, 1996.
SEC. 564. REIMBURSEMENT OF STATES AND LOCALITIES FOR
EMERGENCY AMBULANCE SERVICES.
Subject to the availability of appropriations, the Attorney
General shall fully reimburse States and political
subdivisions of States for costs incurred by such a State or
subdivision for emergency ambulance services provided to any
alien who--
(1) is injured while crossing a land or sea border of the
United States without inspection or at any time or place
other than as designated by the Attorney General; and
(2) is under the custody of the State or subdivision
pursuant to a transfer, request, or other action by a Federal
authority.
SEC. 565. PILOT PROGRAMS TO REQUIRE BONDING.
(a) In General.--
(1) The Attorney General of the United States shall
establish a pilot program in 5 district offices of the
Immigration and Naturalization Service to require aliens to
post a bond in addition to the affidavit requirements under
section 551 and the deeming requirements under section 552.
Any pilot program established pursuant to this subsection
shall require an alien to post a bond in an amount sufficient
to cover the cost of benefits for the alien and the alien's
dependents under the programs described in section
241(a)(5)(D) of the Immigration and Nationality Act (8 U.S.C.
1251(a)(5)(D)) and shall remain in effect until the
departure, naturalization, or death of the alien.
(2) Suit on any such bonds may be brought under the terms
and conditions set forth in section 213A of the Immigration
and Nationality Act.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall issue
regulations for establishing the pilot programs, including--
(1) criteria and procedures for--
(A) certifying bonding companies for participation in the
program, and
(B) debarment of any such company that fails to pay a bond,
and
(2) criteria for setting the amount of the bond to assure
that the bond is in an amount that is not less than the cost
of providing benefits under the programs described in section
241(a)(5)(D) for the alien and the alien's dependents for 6
months.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
(d) Annual Reporting Requirement.--Beginning 9 months after
the date of implementation of the pilot program, the Attorney
General shall submit annually to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the effectiveness of the program. The Attorney
General shall submit a final evaluation of the program not
later than 1 year after termination.
(e) Sunset.--The pilot program under this section shall
terminate after 3 years of operation.
(f) Bonds in Addition to Sponsorship and Deeming
Requirements.--Section 213 of the Immigration and Nationality
Act (8 U.S.C. 1183) is amended by inserting ``(subject to the
affidavit of support requirement and attribution of sponsor's
income and resources under section 213A)'' after ``in the
discretion of the Attorney General''.
SEC. 566. REPORTS.
Not later than 180 days after the end of each fiscal year,
the Attorney General shall submit a report to the Inspector
General of the Department of Justice and the Committees on
the Judiciary of the House of Representatives and of the
Senate describing the following:
(1) Public charge deportations.--The number of aliens
deported on public charge grounds under section 241(a)(5) of
the Immigration and Nationality Act during the previous
fiscal year.
(2) Indigent sponsors.--The number of determinations made
under section 552(d)(1) of this Act (relating to indigent
sponsors) during the previous fiscal year.
(3) Reimbursement actions.--The number of actions brought,
and the amount of each action, for reimbursement under
section 213A of the Immigration and Nationality Act
(including private collections) for the costs of providing
public benefits.
(4) Verifications of eligibility.--The number of situations
in which a Federal or State agency fails to respond within 10
days to a request for verification of eligibility under
section 510(b), including the reasons for, and the
circumstances of, each such failure.
Subtitle E--Housing Assistance
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ``Use of Assisted Housing
by Aliens Act of 1996''.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If the eligibility for financial assistance of at
least one member of a family has been affirmatively
established under the program of financial assistance and
under this section, and the eligibility of one or more family
members has not been affirmatively established under this
section, any financial assistance made available to such
family by the Secretary of Housing and Urban Development
shall be prorated, based on the number of individuals in the
family for whom eligibility has been affirmatively
established under the program of financial assistance and
under this section, as compared with the total number of
individuals who are members of the family.''.
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL
ASSISTANCE.
(a) In General.--Section 214(c)(1) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is
amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``on the date of the enactment of the
Housing and Community Development Act of 1987''; and
(B) by striking ``may, in its discretion,'' and inserting
``shall'';
(2) in subparagraph (A), by adding at the end the following
new sentence: ``Financial assistance continued under this
subparagraph for a family shall be provided only on a
prorated basis under which the amount of financial assistance
is based on the percentage of the total number of members of
the family that are eligible for such assistance under the
program for financial assistance and under this section.'';
and
(3) by striking subparagraph (B), and inserting the
following new subparagraph:
``(B) Defer the termination of financial assistance, if
necessary to permit the orderly transition of the individual
and any family members involved to other housing, subject to
the following requirements:
``(i) Except as provided in clause (ii), any deferral under
this subparagraph shall be for a single 3-month period.
``(ii) The time period referred to in clause (i) shall not
apply in the case of a refugee under section 207 of the
Immigration and Nationality Act or an individual seeking
asylum under section 208 of such Act.''.
(b) Scope of Application.--
(1) In general.--The amendment made by subsection (a)(3)
shall apply to any deferral granted under section
214(c)(1)(B) of the Housing and Community Development Act of
1980 on or after the date of the enactment of this Act.
(2) Treatment of deferrals and renewals granted before
enactment.--In the case of any deferral which was granted or
renewed under section 214(c)(1)(B) of the Housing and
Community Development Act of 1980 before the date of the
enactment of this Act--
(A) if the deferral or renewal expires before the
expiration of the 3-month period beginning upon such date of
enactment, the deferral or renewal may, upon expiration of
the deferral period, be renewed for not more than a single
additional 3-month period; and
(B) if the deferral or renewal expires on or after the
expiration of such 3-month period, the deferral or renewal
may not be renewed or extended.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY
FOR FINANCIAL ASSISTANCE.
(a) In General.--Section 214(d) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(d)) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(d) No individual applying for financial assistance shall
receive such financial assistance before the affirmative
establishment and verification of the eligibility of the
individual under this subsection by the Secretary or other
appropriate entity, and the following conditions shall apply
with respect to financial assistance being or to be provided
for the benefit of an individual:'';
(2) in paragraph (1)--
(A) in subparagraph (A), by adding at the end the
following: ``If the declaration states that the individual is
not a citizen or national of the United States and the
individual is younger than 62 years of age, the declaration
shall be verified by the Immigration and Naturalization
Service.'';
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) In the case of any individual who is younger than 62
years of age and is receiving or applying for financial
assistance, there must be presented the item (or items)
described in one of the following subparagraphs for that
individual:
``(i) A United States passport (either current or expired
if issued both within the previous 20 years and after the
individual attained 18 years of age).
``(ii) A resident alien card or an alien registration card,
if the card (i) contains a photograph of the individual and
(ii) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(iii) A driver's license or similar document issued for
the purpose of identification by a State, if it contains a
photograph of the individual.
``(iv) If the individual attests to being a citizen or
national of the United States and the individual does not
have other documentation under this paragraph, such other
[[Page 2309]]
documents or evidence that identify the individual, as the
Attorney General may designate as constituting reasonable
evidence indicating United States citizenship.''.
(3) by striking paragraph (2) and inserting the following
new paragraph:
``(2) In the case of an individual who is not a citizen or
national of the United States, is not 62 years of age or
older, and is applying for financial assistance, the
Secretary may not provide such assistance for the benefit of
the individual before such documentation is presented and
verified under paragraph (3) or (4).'';
(4) in paragraph (3), by striking ``(2)(A) is presented''
and inserting ``(1)(B)(ii) is presented and contains the
individual's alien admission number or alien file number (or
numbers if the individual has more than one number)''
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``on the date of the enactment of the
Housing and Community Development Act of 1987'' and inserting
``or applying for financial assistance'';
(ii) by striking ``paragraph (2)'' and inserting
``paragraph (1)(B)(ii)''; and
(iii) by striking ``paragraph (2)(A)'' and inserting
``paragraph (1)(B)(ii)'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to exceed 30 days,'' after
``reasonable opportunity''; and
(II) by striking ``and'' at the end; and
(ii) by striking clause (ii) and inserting the following
new clauses:
``(ii) in the case of any individual who is receiving
assistance, may not delay, deny, reduce, or terminate the
individual's eligibility for financial assistance on the
basis of the individual's immigration status until such 30-
day period has expired, and
``(iii) in the case of any individual who is applying for
financial assistance, may not deny the application for such
assistance on the basis of the individual's immigration
status until such 30-day period has expired; and''; and
(C) in subparagraph (B), by striking clauses (i) and (ii)
and inserting the following new clauses:
``(i) the Secretary shall transmit to the Immigration and
Naturalization Service either photostatic or other similar
copies of such documents, or information from such documents,
as specified by the Immigration and Naturalization Service,
for official verification,
``(ii) pending such verification or appeal, the Secretary
may not--
``(I) in the case of any individual who is receiving
assistance, delay, deny, reduce, or terminate the
individual's eligibility for financial assistance on the
basis of the individual's immigration status, and
``(II) in the case of any individual who is applying for
financial assistance, deny the application for such
assistance on the basis of the individual's immigration
status, and'';
(6) in paragraph (5), by striking all that follows
``satisfactory immigration status'' and inserting the
following: ``, the Secretary shall--
``(A) deny the individual's application for financial
assistance or terminate the individual's eligibility for
financial assistance, as the case may be,
``(B) provide the individual with written notice of the
determination under this paragraph, which in the case of an
individual who is receiving financial assistance shall also
notify the individual of the opportunity for a hearing under
subparagraph (C), and
``(C) in the case of an individual who is receiving
financial assistance and requests a hearing under this
subparagraph, provide a hearing within 5 days of receipt of
the notice under subparagraph (B), at which hearing the
individual may produce the documentation of immigration
status required under this subsection or the reasons for the
termination shall be explained and the individual shall be
notified of his or her eligibility for deferral under
subsection (c)(1)(B).'';
(7) by striking paragraph (6) and inserting the following
new paragraph:
``(6) The Secretary shall terminate the eligibility for
financial assistance of an individual and the members of the
household of the individual, for a period of not less than 24
months, upon determining that such individual has knowingly
permitted another individual who is not eligible for such
assistance to use the assistance (including residence in the
unit receiving the assistance). This provision shall not
apply to a family if the ineligibility of the ineligible
individual at issue was considered in calculating any
proration under this section of assistance provided for the
family.''; and
(8) by striking the matter following paragraph (6) and
inserting the following new paragraphs:
``(7) An owner of housing receiving financial assistance--
``(A) may initiate procedures to affirmatively establish or
verify the eligibility of an individual or family under this
section at any time at which the owner determines that such
eligibility is in question, regardless of whether or not the
individual or family is at or near the top of the waiting
list for the housing;
``(B) shall affirmatively establish or verify the
eligibility of an individual or family under this section in
accordance with the procedures set forth in section
274A(b)(1) of the Immigration and Nationality Act; and
``(C) shall have access to any relevant information
contained in the SAVE system (or any successor thereto) that
relates to any individual or family applying for financial
assistance.
``For purposes of this paragraph, the term `owner' includes
any public housing agency (as such term is defined in section
3 of the United States Housing Act of 1937). For purposes of
this paragraph, when used in reference to a family, the term
`eligibility' means the eligibility of each member of the
family.
``(8) For purposes of this subsection, the following
definitions shall apply:
``(A) The term `satisfactory immigration status' means an
immigration status which does not make the individual
ineligible for financial assistance.
``(B) The term `Secretary' means the Secretary of Housing
and Urban Development, a public housing agency, or another
entity that determines the eligibility of an individual for
financial assistance.''.
(b) Effective Date.--
(1) In general.--Notwithstanding section 576 of this Act,
the amendment made by subsection (a)(2)(B) of this section
shall apply to application for benefits filed on or after
such date as the Attorney General specifies in regulations
under paragraph (2) of this subsection. Such date shall be at
least 60 days, and not more than 90 days, after the date the
Attorney General first issues such regulations.
(2) Regulations.--The Attorney General (in consultation
with the heads of other appropriate agencies) shall first
issue regulations to carry out the amendment made by
subsection (a)(2)(B) of this section not later than 180 days
after the date of the enactment of this Act. Such regulations
shall be effective on an interim basis, pending change after
opportunity for public comment.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING
FINANCIAL ASSISTANCE ELIGIBILITY
DETERMINATIONS.
Section 214(e) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(e)) is amended--
(1) in paragraph (2), by inserting ``or'' after the comma
at the end;
(2) in paragraph (3), by inserting after ``, or'' at the
end the following: ``the response from the Immigration and
Naturalization Service to the appeal of such individual.'';
and
(3) by striking paragraph (4).
SEC. 576. REGULATIONS.
(a) Issuance.--Not later than the expiration of the 60-day
period beginning on the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall issue
any regulations necessary to implement the amendments made by
this subtitle. Such regulations shall be issued in the form
of an interim final rule, which shall take effect upon
issuance and shall not be subject to the provisions of
section 533 of title 5, United States Code, regarding notice
or an opportunity for comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the
expiration of the period referred to in such subsection, the
regulations relating to restrictions on assistance to
noncitizens, contained in the final rule issued by the
Secretary of Housing and Urban Development in RIN 2501-AA63
(Docket No. R-95-1409; FR-2383-F-050), published in the
Federal Register of March 20, 1995 (Vol. 60., No. 53; pp.
14824-14861), shall not apply after the expiration of such
period.
SEC. 577. REPORT ON HOUSING ASSISTANCE PROGRAMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Housing and Urban Development
shall submit a report to the Committee on the Judiciary and
the Committee on Banking, Housing, and Urban Affairs of the
Senate, and the Committee on the Judiciary and the Committee
on Banking and Financial Services of the House of
Representatives, describing the manner in which the Secretary
is enforcing section 214 of the Housing and Community
Development Act of 1980 and containing statistics with
respect to the number of individuals denied financial
assistance under such section.
Subtitle F--General Provisions
SEC. 591. EFFECTIVE DATES.
Except as provided in this title, this title and the
amendments made by this title shall take effect on the date
of the enactment of this Act.
SEC. 592. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as an entitlement or
a determination of an individual's eligibility or fulfillment
of the requisite requirements for any Federal, State, or
local governmental program, assistance, or benefits. For
purposes of this title, eligibility relates only to the
general issue of eligibility or ineligibility on the basis of
alienage.
SEC. 593. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This title does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to an
alien under any program of foreign assistance as determined
by the Secretary of State in consultation with the Attorney
General.
SEC. 594. NOTIFICATION.
(a) In general.--Each agency of the Federal Government or a
State or political subdivision that administers a program
affected by the provisions of this title, shall, directly or
through the States, provide general notifi
[[Page 2310]]
cation to the public and to program recipients of the changes
regarding eligibility for any such program pursuant to this
title.
(b) Failure to give notice.--Nothing in this section shall
be construed to require or authorize continuation of
eligibility if the notice under this section is not provided.
SEC. 595. DEFINITIONS.
Except as otherwise provided in this title, for purposes of
this title--
(1) the terms ``alien'', ``Attorney General'',
``national'', ``naturalization'', ``State'', and ``United
States'' shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act; and
(2) the term ``child'' shall have the meaning given such
term in section 101(c) of the Immigration and Nationality
Act.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.
(a) Definition of Refugee.--
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by
adding at the end the following: ``For purposes of
determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization,
or who has been persecuted for failure or refusal to undergo
such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been
persecuted on account of political opinion, and a person who
has a well founded fear that he or she will be forced to
undergo such a procedure or subject to persecution for such
failure, refusal, or resistance shall be deemed to have a
well founded fear of persecution on account of political
opinion.''.
(2) Not later than 90 days after the end of each fiscal
year, the Attorney General shall submit a report to the
Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate describing
the number and countries of origin of aliens granted refugee
status or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such report shall also
contain projections regarding the number and countries of
origin of aliens that are likely to be granted refugee status
or asylum for the subsequent 2 fiscal years.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C.
1157(a)) is amended by adding at the end the following new
paragraph:
``(5) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under
the third sentence of section 101(a)(42) (relating to
persecution for resistance to coercive population control
methods).''.
SEC. 602. LIMITATION ON USE OF PAROLE
(a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C.
1182(d)(5)) is amended by striking ``for emergent reasons or
for reasons deemed strictly in the public interest'' and
inserting ``only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit''.
(b) Report to Congress.--Not later than 90 days after the
end of each fiscal year, the Attorney General shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the
Immigration and Nationality Act. Each such report shall
provide the total number of aliens paroled into and residing
in the United States and shall contain information and data
for each country of origin concerning the number and
categories of aliens paroled, the duration of parole, the
current status of aliens paroled, and the number and
categories of aliens returned to the custody from which they
were paroled during the preceding fiscal year.
SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING
WORLDWIDE NUMERICAL LIMITATIONS.
Section 201(c) (8 U.S.C. 1151(c)) is amended--
(1) by amending paragraph (1)(A)(ii) to read as follows:
``(ii) the sum of the number computed under paragraph (2)
and the number computed under paragraph (4), plus''; and
(2) by adding at the end the following new paragraphs:
``(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal year 1999) is the number of
aliens who were paroled into the United States under section
212(d)(5) in the second preceding fiscal year--
``(A) who did not depart from the United States (without
advance parole) within 365 days; and
``(B) who (i) did not acquire the status of aliens lawfully
admitted to the United States for permanent residence in the
two preceding fiscal years, or (ii) acquired such status in
such years under a provision of law (other than section
201(b)) which exempts such adjustment from the numerical
limitation on the worldwide level of immigration under this
section.
``(5) If any alien described in paragraph (4) (other than
an alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent
residence, such alien shall not again be considered for
purposes of paragraph (1).''.
SEC. 604. ASYLUM REFORM.
(a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended
to read as follows:
``asylum
``Sec. 208. (a) Authority To Apply for Asylum.--
``(1) In general.--Any alien who is physically present in
the United States or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having
been interdicted in international or United States waters),
irrespective of such alien's status, may apply for asylum in
accordance with this section or, where applicable, section
235(b).
``(2) Exceptions.--
``(A) Safe third country.--Paragraph (1) shall not apply to
an alien if the Attorney General determines that the alien
may be removed, pursuant to a bilateral or multilateral
agreement, to a country (other than the country of the
alien's nationality or, in the case of an alien having no
nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political
opinion, and where the alien would have access to a full and
fair procedure for determining a claim to asylum or
equivalent temporary protection, unless the Attorney General
finds that it is in the public interest for the alien to
receive asylum in the United States.
``(B) Time limit.--Subject to subparagraph (D), paragraph
(1) shall not apply to an alien unless the alien demonstrates
by clear and convincing evidence that the application has
been filed within 1 year after the date of the alien's
arrival in the United States.
``(C) Previous asylum applications.--Subject to
subparagraph (D), paragraph (1) shall not apply to an alien
if the alien has previously applied for asylum and had such
application denied.
``(D) Changed circumstances.--An application for asylum of
an alien may be considered, notwithstanding subparagraphs (B)
and (C), if the alien demonstrates to the satisfaction of the
Attorney General either the existence of changed
circumstances which materially affect the applicant's
eligibility for asylum or extraordinary circumstances
relating to the delay in filing an application within the
period specified in subparagraph (B).
``(3) Limitation on judicial review.--No court shall have
jurisdiction to review any determination of the Attorney
General under paragraph (2).
``(b) Conditions for Granting Asylum.--
``(1) In general.--The Attorney General may grant asylum to
an alien who has applied for asylum in accordance with the
requirements and procedures established by the Attorney
General under this section if the Attorney General determines
that such alien is a refugee within the meaning of section
101(a)(42)(A).
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to an
alien if the Attorney General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(iii) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(iv) there are reasonable grounds for regarding the alien
as a danger to the security of the United States;
``(v) the alien is inadmissible under subclause (I), (II),
(III), or (IV) of section 212(a)(3)(B)(i) or removable under
section 237(a)(4)(B) (relating to terrorist activity),
unless, in the case only of an alien inadmissible under
subclause (IV) of section 212(a)(3)(B)(i), the Attorney
General determines, in the Attorney General's discretion,
that there are not reasonable grounds for regarding the alien
as a danger to the security of the United States; or
``(vi) the alien was firmly resettled in another country
prior to arriving in the United States.
``(B) Special rules.--
``(i) Conviction of aggravated felony.--For purposes of
clause (ii) of subparagraph (A), an alien who has been
convicted of an aggravated felony shall be considered to have
been convicted of a particularly serious crime.
``(ii) Offenses.--The Attorney General may designate by
regulation offenses that will be considered to be a crime
described in clause (ii) or (iii) of subparagraph (A).
``(C) Additional limitations.--The Attorney General may by
regulation establish additional limitations and conditions,
consistent with this section, under which an alien shall be
ineligible for asylum under paragraph (1).
``(D) No judicial review.--There shall be no judicial
review of a determination of the Attorney General under
subparagraph (A)(v).
``(3) Treatment of spouse and children.--A spouse or child
(as defined in section 101(b)(1)(A), (B), (C), (D), or (E))
of an alien who is granted asylum under this subsection may,
if not otherwise eligible for asylum under this section, be
granted the same status as the alien if accompanying, or
following to join, such alien.
``(c) Asylum Status.--
``(1) In general.--In the case of an alien granted asylum
under subsection (b), the Attorney General--
[[Page 2311]]
``(A) shall not remove or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual
residence;
``(B) shall authorize the alien to engage in employment in
the United States and provide the alien with appropriate
endorsement of that authorization; and
``(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.
``(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain permanently
in the United States, and may be terminated if the Attorney
General determines that--
``(A) the alien no longer meets the conditions described in
subsection (b)(1) owing to a fundamental change in
circumstances;
``(B) the alien meets a condition described in subsection
(b)(2);
``(C) the alien may be removed, pursuant to a bilateral or
multilateral agreement, to a country (other than the country
of the alien's nationality or, in the case of an alien having
no nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political
opinion, and where the alien is eligible to receive asylum or
equivalent temporary protection;
``(D) the alien has voluntarily availed himself or herself
of the protection of the alien's country of nationality or,
in the case of an alien having no nationality, the alien's
country of last habitual residence, by returning to such
country with permanent resident status or the reasonable
possibility of obtaining such status with the same rights and
obligations pertaining to other permanent residents of that
country; or
``(E) the alien has acquired a new nationality and enjoys
the protection of the country of his or her new nationality.
``(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under section
212(a) and 237(a), and the alien's removal or return shall be
directed by the Attorney General in accordance with sections
240 and 241.
``(d) Asylum Procedure.--
``(1) Applications.--The Attorney General shall establish a
procedure for the consideration of asylum applications filed
under subsection (a). The Attorney General may require
applicants to submit fingerprints and a photograph at such
time and in such manner to be determined by regulation by the
Attorney General.
``(2) Employment.--An applicant for asylum is not entitled
to employment authorization, but such authorization may be
provided under regulation by the Attorney General. An
applicant who is not otherwise eligible for employment
authorization shall not be granted such authorization prior
to 180 days after the date of filing of the application for
asylum.
``(3) Fees.--The Attorney General may impose fees for the
consideration of an application for asylum, for employment
authorization under this section, and for adjustment of
status under section 209(b). Such fees shall not exceed the
Attorney General's costs in adjudicating the applications.
The Attorney General may provide for the assessment and
payment of such fees over a period of time or by
installments. Nothing in this paragraph shall be construed to
require the Attorney General to charge fees for adjudication
services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication and
naturalization fees in accordance with section 286(m).
``(4) Notice of privilege of counsel and consequences of
frivolous application.--At the time of filing an application
for asylum, the Attorney General shall--
``(A) advise the alien of the privilege of being
represented by counsel and of the consequences, under
paragraph (6), of knowingly filing a frivolous application
for asylum; and
``(B) provide the alien a list of persons (updated not less
often than quarterly) who have indicated their availability
to represent aliens in asylum proceedings on a pro bono
basis.
``(5) Consideration of asylum applications.--
``(A) Procedures.--The procedure established under
paragraph (1) shall provide that--
``(i) asylum cannot be granted until the identity of the
applicant has been checked against all appropriate records or
databases maintained by the Attorney General and by the
Secretary of State, including the Automated Visa Lookout
System, to determine any grounds on which the alien may be
inadmissible to or deportable from the United States, or
ineligible to apply for or be granted asylum;
``(ii) in the absence of exceptional circumstances, the
initial interview or hearing on the asylum application shall
commence not later than 45 days after the date an application
is filed;
``(iii) in the absence of exceptional circumstances, final
administrative adjudication of the asylum application, not
including administrative appeal, shall be completed within
180 days after the date an application is filed;
``(iv) any administrative appeal shall be filed within 30
days of a decision granting or denying asylum, or within 30
days of the completion of removal proceedings before an
immigration judge under section 240, whichever is later; and
``(v) in the case of an applicant for asylum who fails
without prior authorization or in the absence of exceptional
circumstances to appear for an interview or hearing,
including a hearing under section 240, the application may be
dismissed or the applicant may be otherwise sanctioned for
such failure.
``(B) Additional regulatory conditions.--The Attorney
General may provide by regulation for any other conditions or
limitations on the consideration of an application for asylum
not inconsistent with this Act.
``(6) Frivolous applications.--If the Attorney General
determines that an alien has knowingly made a frivolous
application for asylum and the alien has received the notice
under paragraph (4)(A), the alien shall be permanently
ineligible for any benefits under this Act, effective as of
the date of a final determination on such application.
``(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by
any party against the United States or its agencies or
officers or any other person.''.
(b) Conforming and Clerical Amendments.--
(1) The item in the table of contents relating to section
208 is amended to read as follows:
``Sec. 208. Asylum.''.
(2) Section 104(d)(1)(A) of the Immigration Act of 1990
(Public Law 101-649) is amended by striking ``208(b)'' and
inserting ``208''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the
first day of the first month beginning more than 180 days
after the date of the enactment of this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of asylum
officers to at least 600 asylum officers by fiscal year 1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.
(a) In General.--Public Law 89-732 is repealed effective
only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114) that a
democratically elected government in Cuba is in power.
(b) Limitation.--Subsection (a) shall not apply to aliens
for whom an application for adjustment of status is pending
on such effective date.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
SEC. 621. ALIEN WITNESS COOPERATION.
Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by
section 130003(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025))
(relating to numerical limitations on the number of aliens
who may be provided a visa as nonimmigrants under section
101(a)(15)(S)) is amended--
(1) by striking ``100.'' and inserting ``200.''; and
(2) by striking ``25.'' and inserting ``50.''.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT
WITH RESPECT TO INTERNATIONAL MEDICAL
GRADUATES.
(a) Extension of Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(8 U.S.C. 1182 note) is amended by striking ``1996.'' and
inserting ``2002.''.
(b) Conditions on Federally Requested Waivers.--Section
212(e) (8 U.S.C. 1182(e)) is amended by inserting after
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent'' the
following: ``, or in the case of a waiver requested by an
interested United States Government agency on behalf of an
alien described in clause (iii),''.
(c) Restrictions on Federally Requested Waivers.--Section
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 108 Stat. 4319)) is amended to read as
follows:
``(k)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of
the 2-year foreign residence requirement under section 212(e)
on behalf of an alien described in clause (iii) of such
section, the Attorney General shall not grant such waiver
unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the
United States Information Agency with a statement in writing
that it has no objection to such waiver;
``(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed 20;
``(C) in the case of a request by an interested Federal
agency or by an interested State agency--
``(i) the alien demonstrates a bona fide offer of full-time
employment at a health facility or health care organization,
which employment has been determined by the Attorney General
to be in the public interest; and
``(ii) the alien agrees to begin employment with the health
facility or health care organization within 90 days of
receiving such waiver, and agrees to continue to work for a
[[Page 2312]]
total of not less than 3 years (unless the Attorney General
determines that extenuating circumstances exist, such as
closure of the facility or hardship to the alien, which would
justify a lesser period of employment at such health facility
or health care organization, in which case the alien must
demonstrate another bona fide offer of employment at a health
facility or health care organization for the remainder of
such 3-year period); and
``(D) in the case of a request by an interested Federal
agency (other than a request by an interested Federal agency
to employ the alien full-time in medical research or
training) or by an interested State agency, the alien agrees
to practice medicine in accordance with paragraph (2) for a
total of not less than 3 years only in the geographic area or
areas which are designated by the Secretary of Health and
Human Services as having a shortage of health care
professionals.
``(2)(A) Notwithstanding section 248(2), the Attorney
General may change the status of an alien who qualifies under
this subsection and section 212(e) to that of an alien
described in section 101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of
the contract with the health facility or health care
organization named in the waiver application shall be
eligible to apply for an immigrant visa, for permanent
residence, or for any other change of nonimmigrant status,
until it is established that such person has resided and been
physically present in the country of his nationality or his
last residence for an aggregate of at least 2 years following
departure from the United States.
``(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement under
section 212(e) shall apply with respect to an alien described
in clause (iii) of such section, who has not otherwise been
accorded status under section 101(a)(27)(H), if--
``(A) at any time the alien ceases to comply with any
agreement entered into under subparagraph (C) or (D) of
paragraph (1); or
``(B) the alien's employment ceases to benefit the public
interest at any time during the 3-year period described in
paragraph (1)(C).''.
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER
INFORMATION.
(a) Confidentiality of Information.--Section 245A(c)(5) (8
U.S.C. 1255a(c)(5)) is amended to read as follows:
``(5) Confidentiality of information.--
``(A) In general.--Except as provided in this paragraph,
neither the Attorney General, nor any other official or
employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, for enforcement of paragraph (6), or for the
preparation of reports to Congress under section 404 of the
Immigration Reform and Control Act of 1986;
``(ii) make any publication whereby the information
furnished by any particular applicant can be identified; or
``(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
``(B) Required disclosures.--The Attorney General shall
provide the information furnished under this section, and any
other information derived from such furnished information, to
a duly recognized law enforcement entity in connection with a
criminal investigation or prosecution, when such information
is requested in writing by such entity, or to an official
coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is deceased as a
result of a crime).
``(C) Authorized disclosures.--The Attorney General may
provide, in the Attorney General's discretion, for the
furnishing of information furnished under this section in the
same manner and circumstances as census information may be
disclosed by the Secretary of Commerce under section 8 of
title 13, United States Code.
``(D) Construction.--
``(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Service
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
``(ii) Criminal convictions.--Information concerning
whether the applicant has at any time been convicted of a
crime may be used or released for immigration enforcement or
law enforcement purposes.
``(E) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.''.
(b) Special Agricultural Workers.--Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended to read as follows:
``(6) Confidentiality of information.--
``(A) In general.--Except as provided in this paragraph,
neither the Attorney General, nor any other official or
employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, including a determination under subsection
(a)(3)(B), or for enforcement of paragraph (7);
``(ii) make any publication whereby the information
furnished by any particular individual can be identified; or
``(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
``(B) Required disclosures.--The Attorney General shall
provide information furnished under this section, and any
other information derived from such furnished information, to
a duly recognized law enforcement entity in connection with a
criminal investigation or prosecution, when such information
is requested in writing by such entity, or to an official
coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is deceased as a
result of a crime).
``(C) Construction.--
``(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Service
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
``(ii) Criminal convictions.--Information concerning
whether the applicant has at any time been convicted of a
crime may be used or released for immigration enforcement or
law enforcement purposes.
``(D) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.''.
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND
CLASSIFICATION PETITIONS FOR PROFESSIONAL
ATHLETES.
(a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following:
``(iii) Professional athletes.--
``(I) In general.--A certification made under clause (i)
with respect to a professional athlete shall remain valid
with respect to the athlete after the athlete changes
employer, if the new employer is a team in the same sport as
the team which employed the athlete when the athlete first
applied for the certification.
``(II) Definition.--For purposes of subclause (I), the term
`professional athlete' means an individual who is employed as
an athlete by--
``(aa) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
``(bb) any minor league team that is affiliated with such
an association.''.
(b) Classification Petitions.--Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following:
``(i) Professional Athletes.--
``(1) In general.--A petition under subsection (a)(4)(D)
for classification of a professional athlete shall remain
valid for the athlete after the athlete changes employers, if
the new employer is a team in the same sport as the team
which was the employer who filed the petition.
``(2) Definition.--For purposes of paragraph (1), the term
`professional athlete' means an individual who is employed as
an athlete by--
``(A) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
``(B) any minor league team that is affiliated with such an
association.''.
SEC. 625. FOREIGN STUDENTS.
(a) Limitations.--
(1) In general.--Section 214 (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
``(l)(1) An alien may not be accorded status as a
nonimmigrant under section 101(a)(15)(F)(i) in order to
pursue a course of study--
``(A) at a public elementary school or in a publicly funded
adult education program; or
``(B) at a public secondary school unless--
``(i) the aggregate period of such status at such a school
does not exceed 12 months with respect to any alien, and (ii)
the alien demonstrates that the alien has reimbursed the
local educational agency that administers the school for the
full, unsubsidized per capita cost of providing education at
such school for the period of the alien's attendance.
``(2) An alien who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) in order to pursue a course of
study at a private elementary or secondary school or in a
language training program that is not publicly funded shall
be considered to have violated such status, and the alien's
visa under section 101(a)(15)(F) shall be void, if the alien
terminates or abandons such course of study at such a school
and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in
[[Page 2313]]
a publicly funded adult education language training program,
or at a public secondary school (unless the requirements of
paragraph (1)(B) are met).''.
(2) Conforming amendment.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended by inserting ``consistent with
section 214(l)'' after ``such a course of study''.
(b) Reference to New Ground of Exclusion for Student Visa
Abusers.--For addition of ground of inadmissibility for
certain nonimmigrant student abusers, see section 347.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immigration
and Nationality Act after the end of the 60-day period
beginning on the date of the enactment of this Act, including
aliens whose status as such a nonimmigrant is extended after
the end of such period.
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND
AGENTS KILLED IN THE LINE OF DUTY.
(a) In General.--Title II, as amended by section 205(a), is
amended by adding at the end the following new section:
``transportation of remains of immigration officers and border patrol
agents killed in the line of duty
``Sec. 295. (a) In General.--To the extent provided in
appropriation Acts, when an immigration officer or border
patrol agent is killed in the line of duty, the Attorney
General may pay from appropriations available for the
activity in which the officer or agent was engaged--
``(1) the actual and necessary expenses of transportation
of the remains of the officer or agent to a place of burial
located in any State, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or the Republic
of Palau;
``(2) travel expenses, including per diem in lieu of
subsistence, of the decedent's spouse and minor children to
and from such site at rates not greater than those
established for official government travel under subchapter I
of chapter 57 of title 5, United States Code; and
``(3) any other memorial service authorized by the Attorney
General.
``(b) Prepayment.--The Attorney General may prepay any
expense authorized to be paid under this section.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 205(b), is amended by inserting after the item
relating to section 294 the following new item:
``Sec. 295. Transportation of remains of immigration officers and
border patrol agents killed in the line of duty.''.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
SEC. 631. VALIDITY OF PERIOD OF VISAS.
(a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking
``four months'' and inserting ``six months''.
(b) Authorizing Application of Reciprocity Rule for
Nonimmigrant Visa in Case of Refugees and Permanent
Residents.--Such section is further amended by inserting
before the period at the end of the third sentence the
following: ``; except that in the case of aliens who are
nationals of a foreign country and who either are granted
refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in
another foreign country, the Secretary of State may prescribe
the period of validity of such a visa based upon the
treatment granted by that other foreign country to alien
refugees and permanent residents, respectively, in the United
States''.
SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA
OVERSTAYS.
(a) In General.--Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
``(g)(1) In the case of an alien who has been admitted on
the basis of a nonimmigrant visa and remained in the United
States beyond the period of stay authorized by the Attorney
General, such visa shall be void beginning after the
conclusion of such period of stay.
``(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States as a
nonimmigrant, except--
``(A) on the basis of a visa (other than the visa described
in paragraph (1)) issued in a consular office located in the
country of the alien's nationality (or, if there is no office
in such country, in such other consular office as the
Secretary of State shall specify); or
``(B) where extraordinary circumstances are found by the
Secretary of State to exist.''.
(b) Applicability.--
(1) Visas.--Section 222(g)(1) of the Immigration and
Nationality Act, as added by subsection (a), shall apply to a
visa issued before, on, or after the date of the enactment of
this Act.
(2) Aliens seeking readmission.--Section 222(g)(2) of the
Immigration and Nationality Act, as added by subsection (a),
shall apply to any alien applying for readmission to the
United States after the date of the enactment of this Act,
except an alien applying for readmission on the basis on a
visa that--
(A) was issued before such date; and
(B) is not void through the application of section
222(g)(1) of the Immigration and Nationality Act, as added by
subsection (a).
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
(1) by inserting ``(A)'' after ``Nondiscrimination.--'';
and
(2) by adding at the end the following:
``(B) Nothing in this paragraph shall be construed to limit
the authority of the Secretary of State to determine the
procedures for the processing of immigrant visa applications
or the locations where such applications will be
processed.''.
SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.
(a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C.
1202(c)) is amended--
(1) by striking ``personal description'' through ``marks of
identification);'';
(2) by striking ``applicant'' and inserting ``applicant,
the determination of his eligibility for a nonimmigrant
visa,''; and
(3) by adding at the end the following: ``At the discretion
of the Secretary of State, application forms for the various
classes of nonimmigrant admissions described in section
101(a)(15) may vary according to the class of visa being
requested.''.
(b) Disposition of Applications.--Section 222(e) (8 U.S.C.
1202(e)) is amended--
(1) in the first sentence, by striking ``required by this
section'' and inserting ``for an immigrant visa''; and
(2) in the fourth sentence--
(A) by striking ``stamp'' and inserting ``stamp, or other
(B) by striking ``by the consular officer''.
SEC. 635. VISA WAIVER PROGRAM.
(a) Elimination of Joint Action Requirement.--Section 217
(8 U.S.C. 1187) is amended--
(1) in subsection (a), by striking ``Attorney General and
the Secretary of State, acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State'';
(2) in subsection (c)(1), by striking ``Attorney General
and the Secretary of State acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State,''; and
(3) in subsection (d), by striking ``Attorney General and
the Secretary of State, acting jointly,'' and inserting
``Attorney General, in consultation with the Secretary of
State,''.
(b) Extension of Program.--Section 217(f) (8 U.S.C.
1187(f)) is amended by striking ``1996'' and inserting
``1997.''.
(c) Duration and Termination of Designation of Pilot
Program Countries.--
(1) In general.--Section 217(g) (8 U.S.C. 1187(g)) is
amended to read as follows:
``(g) Duration and Termination of Designation.--
``(1) In general.--
``(A) Determination and notification of disqualification
rate.--Upon determination by the Attorney General that a
pilot program country's disqualification rate is 2 percent or
more, the Attorney General shall notify the Secretary of
State.
``(B) Probationary status.--If the program country's
disqualification rate is greater than 2 percent but less than
3.5 percent, the Attorney General shall place the program
country in probationary status for a period not to exceed 2
full fiscal years following the year in which the
determination under subparagraph (A) is made.
``(C) Termination of designation.--Subject to paragraph
(3), if the program country's disqualification rate is 3.5
percent or more, the Attorney General shall terminate the
country's designation as a pilot program country effective at
the beginning of the second fiscal year following the fiscal
year in which the determination under subparagraph (A) is
made.
``(2) Termination of probationary status.--
``(A) In general.--If the Attorney General determines at
the end of the probationary period described in paragraph
(1)(B) that the program country placed in probationary status
under such paragraph has failed to develop a machine-readable
passport program as required by section (c)(2)(C), or has a
disqualification rate of 2 percent or more, the Attorney
General shall terminate the designation of the country as a
pilot program country. If the Attorney General determines
that the program country has developed a machine-readable
passport program and has a disqualification rate of less than
2 percent, the Attorney General shall redesignate the country
as a pilot program country.
``(B) Effective date.--A termination of the designation of
a country under subparagraph (A) shall take effect on the
first day of the first fiscal year following the fiscal year
in which the determination under such subparagraph is made.
Until such date, nationals of the country shall remain
eligible for a waiver under subsection (a).
``(3) Nonapplicability of certain provisions.--Paragraph
(1)(C) shall not apply unless the total number of nationals
of a pilot program country described in paragraph (4)(A)
exceeds 100.
``(4) Definition.--For purposes of this subsection, the
term `disqualification rate' means the percentage which--
``(A) the total number of nationals of the pilot program
country who were--
``(i) excluded from admission or withdrew their application
for admission during the most recent fiscal year for which
data are available; and
``(ii) admitted as nonimmigrant visitors during such fiscal
year and who violated the terms of such admission; bears to
``(B) the total number of nationals of such country who
applied for admission as nonimmigrant visitors during such
fiscal year.''.
[[Page 2314]]
(2) Transition.--A country designated as a pilot program
country with probationary status under section 217(g) of the
Immigration and Nationality Act (as in effect on the day
before the date of the enactment of this Act) shall be
considered to be designated as a pilot program country on and
after such date, subject to placement in probationary status
or termination of such designation under such section (as
amended by paragraph (1)).
(3) Conforming amendment.--Section 217(a)(2)(B) (8 U.S.C.
1187(a)(2)(B)) is amended by striking ``or is'' through
``subsection (g).'' and inserting a period.
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by
each applicant for an immigrant visa described in section
203(c) of the Immigration and Nationality Act. Such fee may
be set at a level that will ensure recovery of the cost to
the Department of State of allocating visas under such
section, including the cost of processing all applications
thereunder. All fees collected under this section shall be
used for providing consular services. All fees collected
under this section shall be deposited as an offsetting
collection to any Department of State appropriation and shall
remain available for obligations until expended. The
provisions of the Act of August 18, 1856 (11 Stat. 58; 22
U.S.C. 4212-4214), concerning accounting for consular fees,
shall not apply to fees collected under this section.
SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS
FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.
(a) In General.--The Attorney General, in consultation with
the Secretary of State, shall include among the aliens
selected for diversity immigrant visas for fiscal year 1997
pursuant to section 203(c) of the Immigration and Nationality
Act any alien who, on or before September 30, 1995--
(1) was selected as a diversity immigrant under such
section for fiscal year 1995;
(2) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence pursuant to section
245 of such Act during fiscal year 1995, and whose
application, and any associated fees, were accepted by the
Attorney General, in accordance with applicable regulations;
(3) was not determined by the Attorney General to be
excludable under section 212 of such Act or ineligible under
section 203(c)(2) of such Act; and
(4) did not become an alien lawfully admitted for permanent
residence during fiscal year 1995.
(b) Priority.--The aliens selected under subsection (a)
shall be considered to have been selected for diversity
immigrant visas for fiscal year 1997 prior to any alien
selected under any other provision of law.
(c) Reduction of Immigrant Visa Number.--For purposes of
applying the numerical limitations in sections 201 and 203(c)
of the Immigration and Nationality Act, aliens selected under
subsection (a) who are granted an immigrant visa shall be
treated as aliens granted a visa under section 203(c) of such
Act.
Subtitle D--Other Provisions
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO
NONIMMIGRANT FOREIGN STUDENTS AND OTHER
EXCHANGE PROGRAM PARTICIPANTS.
(a) In General.--
(1) Program.--The Attorney General, in consultation with
the Secretary of State and the Secretary of Education, shall
develop and conduct a program to collect from approved
institutions of higher education and designated exchange
visitor programs in the United States the information
described in subsection (c) with respect to aliens who--
(A) have the status, or are applying for the status, of
nonimmigrants under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act; and
(B) are nationals of the countries designated under
subsection (b).
(2) Deadline.--The program shall commence not later than
January 1, 1998.
(b) Covered Countries.--The Attorney General, in
consultation with the Secretary of State, shall designate
countries for purposes of subsection (a)(1)(B). The Attorney
General shall initially designate not less than 5 countries
and may designate additional countries at any time while the
program is being conducted.
(c) Information To Be Collected.--
(1) In general.--The information for collection under
subsection (a) with respect to an alien consists of--
(A) the identity and current address in the United States
of the alien;
(B) the nonimmigrant classification of the alien and the
date on which a visa under the classification was issued or
extended or the date on which a change to such classification
was approved by the Attorney General;
(C) in the case of a student at an approved institution of
higher education, the current academic status of the alien,
including whether the alien is maintaining status as a full-
time student or, in the case of a participant in a designated
exchange visitor program, whether the alien is satisfying the
terms and conditions of such program; and
(D) in the case of a student at an approved institution of
higher education, any disciplinary action taken by the
institution against the alien as a result of the alien's
being convicted of a crime or, in the case of a participant
in a designated exchange visitor program, any change in the
alien's participation as a result of the alien's being
convicted of a crime.
(2) FERPA.--The Family Educational Rights and Privacy Act
of 1974 shall not apply to aliens described in subsection (a)
to the extent that the Attorney General determines necessary
to carry out the program under subsection (a).
(3) Electronic collection.--The information described in
paragraph (1) shall be collected electronically, where
practicable.
(4) Computer software.--
(A) Collecting institutions.--To the extent practicable,
the Attorney General shall design the program in a manner
that permits approved institutions of higher education and
designated exchange visitor programs to use existing software
for the collection, storage, and data processing of
information described in paragraph (1).
(B) Attorney general.--To the extent practicable, the
Attorney General shall use or enhance existing software for
the collection, storage, and data processing of information
described in paragraph (1).
(d) Participation by Institutions of Higher Education and
Exchange Visitor Programs.--
(1) Condition.--The information described in subsection (c)
shall be provided by as a condition of--
(A) in the case of an approved institution of higher
education, the continued approval of the institution under
subparagraph (F) or (M) of section 101(a)(15) of the
Immigration and Nationality Act; and
(B) in the case of an approved institution of higher
education or a designated exchange visitor program, the
granting of authority to issue documents to an alien
demonstrating the alien's eligibility for a visa under
subparagraph (F), (J), or (M) of section 101(a)(15) of such
Act.
(2) Effect of failure to provide information.--If an
approved institution of higher education or a designated
exchange visitor program fails to provide the specified
information, such approvals and such issuance of visas shall
be revoked or denied.
(e) Funding.--
(1) In general.--Beginning on April 1, 1997, an approved
institution of higher education and a designated exchange
visitor program shall impose on, and collect from, each alien
described in paragraph (3), with respect to whom the
institution or program is required by subsection (a) to
collect information, a fee established by the Attorney
General under paragraph (4) at the time--
(A) when the alien first registers with the institution or
program after entering the United States; or
(B) in a case where a registration under subparagraph (A)
does not exist, when the alien first commences activities in
the United States with the institution or program.
(2) Remittance.--An approved institution of higher
education and a designated exchange visitor program shall
remit the fees collected under paragraph (1) to the Attorney
General pursuant to a schedule established by the Attorney
General.
(3) Aliens described.--An alien referred to in paragraph
(1) is an alien who has nonimmigrant status under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (other than a nonimmigrant
under section 101(a)(15)(J) of such Act who has come to the
United States as a participant in a program sponsored by the
Federal Government).
(4) Amount and use of fees.--
(A) Establishment of amount.--The Attorney General shall
establish the amount of the fee to be imposed on, and
collected from, an alien under paragraph (1). Except as
provided in subsection (g)(2), the fee imposed on any
individual may not exceed $100. The amount of the fee shall
be based on the Attorney General's estimate of the cost per
alien of conducting the information collection program
described in this section.
(B) Use.--Fees collected under paragraph (1) shall be
deposited as offsetting receipts into the Immigration
Examinations Fee Account (established under section 286(m) of
the Immigration and Nationality Act) and shall remain
available until expended for the Attorney General to
reimburse any appropriation the amount paid out of which is
for expenses in carrying out this section.
(f) Joint Report.--Not later than 4 years after the
commencement of the program established under subsection (a),
the Attorney General, the Secretary of State, and the
Secretary of Education shall jointly submit to the Committees
on the Judiciary of the Senate and the House of
Representatives a report on the operations of the program and
the feasibility of expanding the program to cover the
nationals of all countries.
(g) Worldwide Applicability of the Program.--
(1) Expansion of program.--
(A) In general.--Not later than 6 months after the
submission of the report required by subsection (f), the
Attorney General, in consultation with the Secretary of State
and the Secretary of Education, shall commence expansion of
the program to cover the nationals of all countries.
(B) Deadline.--Such expansion shall be completed not later
than 1 year after the date of the submission of the report
referred to in subsection (f).
(2) Revision of fee.--After the program has been expanded,
as provided in paragraph (1), the Attorney General may, on a
periodic basis, revise the amount of the fee imposed and
collected under subsection (e) in order to take into account
changes in the cost of carrying out the program.
(h) Definitions.--As used in this section:
(1) Approved institution of higher education.--The term
``approved institution of
[[Page 2315]]
higher education'' means a college or university approved by
the Attorney General, in consultation with the Secretary of
Education, under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act.
(2) Designated exchange visitor program.--The term
``designated exchange visitor program'' means a program that
has been--
(A) designated by the Director of the United States
Information Agency for purposes of section 101(a)(15)(J) of
the Immigration and Nationality Act; and
(B) selected by the Attorney General for purposes of the
program under this section.
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE
IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way
restrict, any government entity or official from sending to,
or receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
(b) Additional Authority of Government Entities.--
Notwithstanding any other provision of Federal, State, or
local law, no person or agency may prohibit, or in any way
restrict, a Federal, State, or local government entity from
doing any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any
individual:
(1) Sending such information to, or requesting or receiving
such information from, the Immigration and Naturalization
Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal,
State, or local government entity.
(c) Obligation to Respond to Inquiries.--The Immigration
and Naturalization Service shall respond to an inquiry by a
Federal, State, or local government agency, seeking to verify
or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any
purpose authorized by law, by providing the requested
verification or status information.
SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.
Not later than 6 months after the date of the enactment of
this Act, the Commissioner of Immigration and Naturalization
shall issue regulations governing rights of ``habitual
residence'' in the United States under the terms of the
following:
(1) The Compact of Free Association between the Government
of the United States and the Governments of the Marshall
Islands and the Federated States of Micronesia (48 U.S.C.
1901 note).
(2) The Compact of Free Association between the Government
of the United States and the Government of Palau (48 U.S.C.
1931 note).
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.
(a) Provision of Information Regarding Female Genital
Mutilation.--The Immigration and Naturalization Service (in
cooperation with the Department of State) shall make
available for all aliens who are issued immigrant or
nonimmigrant visas, prior to or at the time of entry into the
United States, the following information:
(1) Information on the severe harm to physical and
psychological health caused by female genital mutilation
which is compiled and presented in a manner which is limited
to the practice itself and respectful to the cultural values
of the societies in which such practice takes place.
(2) Information concerning potential legal consequences in
the United States for (A) performing female genital
mutilation, or (B) allowing a child under his or her care to
be subjected to female genital mutilation, under criminal or
child protection statutes or as a form of child abuse.
(b) Limitation.--In consultation with the Secretary of
State, the Commissioner of Immigration and Naturalization
shall identify those countries in which female genital
mutilation is commonly practiced and, to the extent
practicable, limit the provision of information under
subsection (a) to aliens from such countries.
(c) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minora, or labia majora.
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.
(a) Findings.--The Congress finds that--
(1) the practice of female genital mutilation is carried
out by members of certain cultural and religious groups
within the United States;
(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health
effects that harm the women involved;
(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and
constitutional;
(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any
single State or local jurisdiction to control;
(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the first amendment to the Constitution or
under any other law; and
(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
fourteenth Amendment, as well as under the treaty clause, to
the Constitution to enact such legislation.
(b) Crime.--
(1) In general.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 116. Female genital mutilation
``(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or
any part of the labia majora or labia minora or clitoris of
another person who has not attained the age of 18 years shall
be fined under this title or imprisoned not more than 5
years, or both.
``(b) A surgical operation is not a violation of this
section if the operation is--
``(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place
of its performance as a medical practitioner; or
``(2) performed on a person in labor or who has just given
birth and is performed for medical purposes connected with
that labor or birth by a person licensed in the place it is
performed as a medical practitioner, midwife, or person in
training to become such a practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be
taken of the effect on the person on whom the operation is to
be performed of any belief on the part of that person, or any
other person, that the operation is required as a matter of
custom or ritual.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 7 of title 18, United States Code, is
amended by adding at the end the following new item:
``116. Female genital mutilation.''.
(c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND
HUNGARIAN PAROLEES.
(a) In General.--The Attorney General shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence if the
alien--
(1) applies for such adjustment;
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States
on the date the application for such adjustment is filed;
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of Poland or Hungary; and
(2) was inspected and granted parole into the United States
during the period beginning on November 1, 1989, and ending
on December 31, 1991, after being denied refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not apply
to adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as an alien
lawfully admitted for permanent residence as of the date of
the alien's inspection and parole described in subsection
(b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of
State shall not be required to reduce the number of immigrant
visas authorized to be issued under the Immigration and
Nationality Act.
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General shall make available
funds under this section, in each of fiscal years 1997
through 2001, to the Commissioner of Immigration and
Naturalization or to other public or private nonprofit
entities to support demonstration projects under this section
at 10 sites throughout the United States. Each such project
shall be designed to provide for the administration of the
oath of allegiance under section 337(a) of the Immigration
and Nationality Act on a business day around Independence Day
to approximately 500 people whose application for
naturalization has been approved. Each project shall provide
for appropriate outreach and ceremonial and celebratory
activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General shall consider changing the sites
selected from year to year.
[[Page 2316]]
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount made available under this section
with respect to any single site for a year shall not exceed
$5,000.
(2) Use.--Funds made available under this section may be
used only to cover expenses incurred in carrying out oath
administration ceremonies at the demonstration sites under
subsection (a), including expenses for--
(A) cost of personnel of the Immigration and Naturalization
Service (including travel and overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures and other
information about the ceremonies.
(3) Availability of funds.--Funds that are otherwise
available to the Immigration and Naturalization Service to
carry out naturalization activities shall be available, to
the extent provided in appropriation Acts, to carry out this
section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by,
the Attorney General, in a form and manner specified by the
Attorney General.
SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS;
REQUIREMENTS REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this Act, the Attorney General, to the greatest extent
practicable, shall provide to each recipient of a grant a
notice describing the statement made in subsection (a) by the
Congress.
SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION
EMERGENCY.
Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is
amended in the first sentence by inserting ``or whenever the
Attorney General determines that an actual or anticipated
mass migration of aliens en route to, or arriving off the
coast of, the United States presents urgent circumstances
requiring an immediate Federal response,'' after ``United
States,'' the first place such term appears.
SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.
(a) In General.--The Attorney General shall investigate,
and submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate regarding, the
practices of entities authorized to administer standardized
citizenship tests pursuant to section 312.3(a) of title 8,
Code of Federal Regulations. The report shall include any
findings of fraudulent practices by such entities.
(b) Preliminary and Final Reports.--Not later than 90 days
after the date of the enactment of this Act, the Attorney
General shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate a preliminary
report on the investigation conducted under subsection (a).
The Attorney General shall submit to such Committees a final
report on such investigation not later than 275 days after
the submission of the preliminary report.
SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS
ADMINISTRATIVE BUILDING.
(a) Designation.--The United States Customs Administrative
Building at the Ysleta/Zaragosa Port of Entry located at 797
South Zaragosa Road in El Paso, Texas, is designated as the
``Timothy C. McCaghren Customs Administrative Building''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other paper of the
United States to the building referred to in subsection (a)
is deemed to be a reference to the ``Timothy C. McCaghren
Customs Administrative Building''.
SEC. 652. MAIL-ORDER BRIDE BUSINESS.
(a) Findings.--The Congress finds as follows:
(1) There is a substantial ``mail-order bride'' business in
the United States. With approximately 200 companies in the
United States, an estimated 2,000 to 3,500 men in the United
States find wives through mail-order bride catalogs each
year. However, there are no official statistics available on
the number of mail-order brides entering the United States
each year.
(2) The companies engaged in the mail-order bride business
earn substantial profits.
(3) Although many of these mail-order marriages work out,
in many other cases, anecdotal evidence suggests that mail-
order brides find themselves in abusive relationships. There
is also evidence to suggest that a substantial number of
mail-order marriages are fraudulent under United States law.
(4) Many mail-order brides come to the United States
unaware or ignorant of United States immigration law. Mail-
order brides who are battered often think that if they flee
an abusive marriage, they will be deported. Often the citizen
spouse threatens to have them deported if they report the
abuse.
(5) The Immigration and Naturalization Service estimates
that the rate of marriage fraud between foreign nationals and
United States citizens or aliens lawfully admitted for
permanent residence is 8 percent. It is unclear what
percentage of these marriage fraud cases originate as mail-
order marriages.
(b) Information Dissemination.--
(1) Requirement.--Each international matchmaking
organization doing business in the United States shall
disseminate to recruits, upon recruitment, such immigration
and naturalization information as the Immigration and
Naturalization Service deems appropriate, in the recruit's
native language, including information regarding conditional
permanent residence status and the battered spouse waiver
under such status, permanent resident status, marriage fraud
penalties, the unregulated nature of the business engaged in
by such organizations, and the study required under
subsection (c).
(2) Civil penalty.--
(A) Violation.--Any international matchmaking organization
that the Attorney General determines has violated subsection
(b) shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $20,000 for each such violation.
(B) Procedures for imposition of penalty.--Any penalty
under subparagraph (A) may be imposed only after notice and
opportunity for an agency hearing on the record in accordance
with sections 554 through 557 of title 5, United States Code.
(c) Study.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the
Director of the Violence Against Women Initiative of the
Department of Justice, shall conduct a study of mail-order
marriages to determine, among other things--
(1) the number of such marriages;
(2) the extent of marriage fraud in such marriages,
including an estimate of the extent of marriage fraud arising
from the services provided by international matchmaking
organizations;
(3) the extent to which mail-order spouses utilize section
244(a)(3) of the Immigration and Nationality Act (providing
for suspension of deportation in certain cases involving
abuse), or section 204(a)(1)(A)(iii) of such Act (providing
for certain aliens who have been abused to file a
classification petition on their own behalf);
(4) the extent of domestic abuse in mail-order marriages;
and
(5) the need for continued or expanded regulation and
education to implement the objectives of the Violence Against
Women Act of 1994 and the Immigration Marriage Fraud
Amendments of 1986 with respect to mail-order marriages.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate setting forth the results
of the study conducted under subsection (c).
(e) Definitions.--As used in this section:
(1) International matchmaking organization.--
(A) In general.--The term ``international matchmaking
organization'' means a corporation, partnership, business, or
other legal entity, whether or not organized under the laws
of the United States or any State, that does business in the
United States and for profit offers to United States citizens
or aliens lawfully admitted for permanent residence, dating,
matrimonial, or social referral services to nonresident
noncitizens, by--
(i) an exchange of names, telephone numbers, addresses, or
statistics;
(ii) selection of photographs; or
(iii) a social environment provided by the organization in
a country other than the United States.
(B) Exception.--Such term does not include a traditional
matchmaking organization of a religious nature that otherwise
operates in compliance with the laws of the countries of the
recruits of such organization and the laws of the United
States.
(2) Recruit.--The term ``recruit'' means a noncitizen,
nonresident person, recruited by the international
matchmaking organization for the purpose of providing dating,
matrimonial, or social referral services to United States
citizens or aliens lawfully admitted for permanent residence.
SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS
PROGRAM.
(a) Sense of the Congress.--It is the sense of the Congress
that the H2-A nonimmigrant worker program should be reviewed
and may need improvement in order to meet the need of
producers of labor-intensive agricultural commodities and
livestock in the United States for an adequate workforce.
(b) Review.--The Comptroller General shall review the
effectiveness of the H-2A nonimmigrant worker program to
ensure that the program provides a sufficient supply of
agricultural labor in the event of future shortages of
domestic workers after the enactment of this Act. Among other
things, the Comptroller General shall review the H-2A
nonimmigrant worker program to determine--
(1) whether the program ensures that an adequate supply of
qualified United States workers is available at the time and
place needed for employers seeking such workers after the
date of enactment of this Act;
(2) whether the program ensures that there is timely
approval of applications for temporary foreign workers under
the program in the event of shortages of United States
workers after the date of the enactment of this Act;
(3) whether the program ensures that implementation of the
program is not displacing United States agricultural workers
or diminishing the terms and conditions of employment of
United States agricultural workers;
[[Page 2317]]
(4) if, and to what extent, the program is contributing to
the problem of illegal immigration; and
(5) that the program adequately meets the needs of
agricultural employers for all types of temporary foreign
agricultural workers, including higher-skilled workers in
occupations which require a level of specific vocational
preparation of 4 or higher (as described in the 4th edition
of the Dictionary of Occupational Title, published by the
Department of Labor).
(c) Report.--Not later than December 31, 1996, or 3 months
after the date of the enactment of this Act, whichever occurs
earlier, the Comptroller General shall submit a report to the
appropriate committees of the Congress setting forth the
conclusions of the Comptroller General from the review
conducted under subsection (b).
(d) Definitions.--As used in this section:
(1) The term ``Comptroller General'' means the Comptroller
General of the United States.
(2) The term ``H-2A nonimmigrant worker program'' means the
program for the admission of nonimmigrant aliens described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act.
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN
CUSTOMS AGENTS.
(a) Study and Review.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Commissioner of the United
States Customs Service shall initiate a study of harassment
by Canadian customs agents allegedly undertaken for the
purpose of deterring cross-border commercial activity along
the United States-New Brunswick border. Such study shall
include a review of the possible connection between any
incidents of harassment and the discriminatory imposition of
the New Brunswick provincial sales tax on goods purchased in
the United States by New Brunswick residents, and with any
other actions taken by the Canadian provincial governments to
deter cross-border commercial activities.
(2) Consultation.--In conducting the study under paragraph
(1), the Commissioner of the United States Customs Service
shall consult with representatives of the State of Maine,
local governments, local businesses, and any other
knowledgeable persons who the Commissioner considers to be
important to the completion of the study.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner of the United States
Customs Service shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report on the study and review conducted under subsection
(a). The report shall include recommendations for steps that
the United States Government can take to help end any
harassment by Canadian customs agents that is found to have
occurred.
SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF
NEW BRUNSWICK PROVINCIAL SALES TAX.
(a) Findings.--The Congress finds as follows:
(1) In July 1993, Canadian customs officers began
collecting an 11 percent New Brunswick provincial sales tax
on goods purchased in the United States by New Brunswick
residents, an action that has caused severe economic harm to
United States businesses located in proximity to the border
with New Brunswick.
(2) This impediment to cross-border trade compounds the
damage already done from the Canadian Government's imposition
of a 7 percent tax on all goods bought by Canadians in the
United States.
(3) Collection of the New Brunswick provincial sales tax on
goods purchased outside of New Brunswick is effected only
along the United States-Canadian border, not along New
Brunswick's borders with other Canadian provinces; the tax is
thus being administered by Canadian authorities in a manner
uniquely discriminatory to Canadians shopping in the United
States.
(4) In February 1994, the United States Trade
Representative publicly stated an intention to seek redress
from the discriminatory application of the New Brunswick
provincial sales tax under the dispute resolution process in
chapter 20 of the North American Free Trade Agreement
(NAFTA), but the United States Government has still not made
such a claim under NAFTA procedures.
(5) Initially, the United States Trade Representative
argued that filing a New Brunswick provincial sales tax claim
was delayed only because the dispute mechanism under NAFTA
had not yet been finalized, but more than a year after such
mechanism has been put in place, the claim has still not been
put forward by the United States Trade Representative.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the provincial sales tax levied by the Canadian
province of New Brunswick on Canadian citizens of that
province who purchase goods in the United States--
(A) raises questions about a possible violation of the
North American Free Trade Agreement in the discriminatory
application of the tax to cross-border trade with the United
States; and
(B) damages good relations between the United States and
Canada; and
(2) the United States Trade Representative should move
forward without further delay in seeking redress under the
dispute resolution process in chapter 20 of the North
American Free Trade Agreement for the violation.
SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.
(a) Birth Certificates.--
(1) Standards for acceptance by Federal agencies.--
(A) In general.--
(i) General rule.--Subject to clause (ii), a Federal agency
may not accept for any official purpose a certificate of
birth, unless the certificate--
(I) is a birth certificate (as defined in paragraph (3));
and
(II) conforms to the standards set forth in the regulation
promulgated under subparagraph (B).
(ii) Applicability.--Clause (i) shall apply only to a
certificate of birth issued after the day that is 3 years
after the date of the promulgation of a final regulation
under subparagraph (B). Clause (i) shall not be construed to
prevent a Federal agency from accepting for official purposes
any certificate of birth issued on or before such day.
(B) Regulation.--
(i) Consultation with government agencies.--The President
shall select 1 or more Federal agencies to consult with State
vital statistics offices, and with other appropriate Federal
agencies designated by the President, for the purpose of
developing appropriate standards for birth certificates that
may be accepted for official purposes by Federal agencies, as
provided in subparagraph (A).
(ii) Selection of lead agency.--Of the Federal agencies
selected under clause (i), the President shall select 1
agency to promulgate, upon the conclusion of the consultation
conducted under such clause, a regulation establishing
standards of the type described in such clause.
(iii) Deadline.--The agency selected under clause (ii)
shall promulgate a final regulation under such clause not
later than the date that is 1 year after the date of the
enactment of this Act.
(iv) Minimum requirements.--The standards established under
this subparagraph--
(I) at a minimum, shall require certification of the birth
certificate by the State or local custodian of record that
issued the certificate, and shall require the use of safety
paper, the seal of the issuing custodian of record, and other
features designed to limit tampering, counterfeiting, and
photocopying, or otherwise duplicating, the birth certificate
for fraudulent purposes;
(II) may not require a single design to which birth
certificates issued by all States must conform; and
(III) shall accommodate the differences between the States
in the manner and form in which birth records are stored and
birth certificates are produced from such records.
(2) Grants to states.--
(A) Assistance in meeting federal standards.--
(i) In general.--Beginning on the date a final regulation
is promulgated under paragraph (1)(B), the Secretary of
Health and Human Services, acting through the Director of the
National Center for Health Statistics and after consulting
with the head of any other agency designated by the
President, shall make grants to States to assist them in
issuing birth certificates that conform to the standards set
forth in the regulation.
(ii) Allocation of grants.--The Secretary shall provide
grants to States under this subparagraph in proportion to the
populations of the States applying to receive a grant and in
an amount needed to provide a substantial incentive for
States to issue birth certificates that conform to the
standards described in clause (i).
(B) Assistance in matching birth and death records.--
(i) In general.--The Secretary of Health and Human
Services, acting through the Director of the National Center
for Health Statistics and after consulting with the head of
any other agency designated by the President, shall make
grants to States to assist them in developing the capability
to match birth and death records, within each State and among
the States, and to note the fact of death on the birth
certificates of deceased persons. In developing the
capability described in the preceding sentence, a State that
receives a grant under this subparagraph shall focus first on
individuals born after 1950.
(ii) Allocation and amount of grants.--The Secretary shall
provide grants to States under this subparagraph in
proportion to the populations of the States applying to
receive a grant and in an amount needed to provide a
substantial incentive for States to develop the capability
described in clause (i).
(C) Demonstration projects.--The Secretary of Health and
Human Services, acting through the Director of the National
Center for Health Statistics, shall make grants to States for
a project in each of 5 States to demonstrate the feasibility
of a system under which persons otherwise required to report
the death of individuals to a State would be required to
provide to the State's office of vital statistics sufficient
information to establish the fact of death of every
individual dying in the State within 24 hours of acquiring
the information.
(3) Birth Certificate.--As used in this subsection, the
term ``birth certificate'' means a certificate of birth--
(A) of--
(i) an individual born in the United States; or
(ii) an individual born abroad--
(I) who is a citizen or national of the United States at
birth; and
[[Page 2318]]
(II) whose birth is registered in the United States; and
(B) that--
(i) is a copy, issued by a State or local authorized
custodian of record, of an original certificate of birth
issued by such custodian of record; or
(ii) was issued by a State or local authorized custodian of
record and was produced from birth records maintained by such
custodian of record.
(b) State-Issued Drivers Licenses and Comparable
Identification Documents.--
(1) Standards for acceptance by Federal agencies.--
(A) In general.--A Federal agency may not accept for any
identification-related purpose a driver's license, or other
comparable identification document, issued by a State, unless
the license or document satisfies the following requirements:
(i) Application process.--The application process for the
license or document shall include the presentation of such
evidence of identity as is required by regulations
promulgated by the Secretary of Transportation after
consultation with the American Association of Motor Vehicle
Administrators.
(ii) Social security number.--Except as provided in
subparagraph (B), the license or document shall contain a
social security account number that can be read visually or
by electronic means.
(iii) Form.--The license or document otherwise shall be in
a form consistent with requirements set forth in regulations
promulgated by the Secretary of Transportation after
consultation with the American Association of Motor Vehicle
Administrators. The form shall contain security features
designed to limit tampering, counterfeiting, photocopying, or
otherwise duplicating, the license or document for fraudulent
purposes and to limit use of the license or document by
impostors.
(B) Exception.--The requirement in subparagraph (A)(ii)
shall not apply with respect to a driver's license or other
comparable identification document issued by a State, if the
State--
(i) does not require the license or document to contain a
social security account number; and
(ii) requires--
(I) every applicant for a driver's license, or other
comparable identification document, to submit the applicant's
social security account number; and
(II) an agency of the State to verify with the Social
Security Administration that such account number is valid.
(C) Deadline.--The Secretary of Transportation shall
promulgate the regulations referred to in clauses (i) and
(iii) of subparagraph (A) not later than 1 year after the
date of the enactment of this Act.
(2) Grants to states.--Beginning on the date final
regulations are promulgated under paragraph (1), the
Secretary of Transportation shall make grants to States to
assist them in issuing driver's licenses and other comparable
identification documents that satisfy the requirements under
such paragraph.
(3) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, this subsection shall take effect on the date of
the enactment of this Act.
(B) Prohibition on federal agencies.--Subparagraphs (A) and
(B) of paragraph (1) shall take effect beginning on October
1, 2000, but shall apply only to licenses or documents issued
to an individual for the first time and to replacement or
renewal licenses or documents issued according to State law.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of
birth certificates, including any such use to obtain a social
security account number or a State or Federal document
related to identification or immigration.
(d) Federal Agency Defined.--For purposes of this section,
the term ``Federal agency'' means any of the following:
(1) An Executive agency (as defined in section 105 of title
5, United States Code).
(2) A military department (as defined in section 102 of
such title).
(3) An agency in the legislative branch of the Government
of the United States.
(4) An agency in the judicial branch of the Government of
the United States.
SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD.
(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance with the provisions of this section, develop a
prototype of a counterfeit-resistant social security card.
Such prototype card--
(A) shall be made of a durable, tamper-resistant material
such as plastic or polyester;
(B) shall employ technologies that provide security
features, such as magnetic stripes, holograms, and integrated
circuits; and
(C) shall be developed so as to provide individuals with
reliable proof of citizenship or legal resident alien status.
(2) Assistance by attorney general.--The Attorney General
shall provide such information and assistance as the
Commissioner deems necessary to achieve the purposes of this
section.
(b) Studies and Reports.--
(1) In general.--The Comptroller General and the
Commissioner of Social Security shall each conduct a study,
and issue a report to the Congress, that examines different
methods of improving the social security card application
process.
(2) Elements of studies.--The studies shall include
evaluations of the cost and work load implications of issuing
a counterfeit-resistant social security card for all
individuals over a 3, 5, and 10 year period. The studies
shall also evaluate the feasibility and cost implications of
imposing a user fee for replacement cards and cards issued to
individuals who apply for such a card prior to the scheduled
3, 5, and 10 year phase-in options.
(3) Distribution of reports.--Copies of the reports
described in this subsection, along with facsimiles of the
prototype cards as described in subsection (a), shall be
submitted to the Committees on Ways and Means and Judiciary
of the House of Representatives and the Committees on Finance
and Judiciary of the Senate not later than 1 year after the
date of the enactment of this Act.
SEC. 658. BORDER PATROL MUSEUM.
(a) Authority.--Notwithstanding section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484) or any other provision of law, the Attorney General is
authorized to transfer and convey to the Border Patrol Museum
and Memorial Library Foundation, incorporated in the State of
Texas, such equipment, artifacts, and memorabilia held by the
Immigration and Naturalization Service as the Attorney
General may determine is necessary to further the purposes of
the Museum and Foundation.
(b) Technical Assistance.--The Attorney General is
authorized to provide technical assistance, through the
detail of personnel of the Immigration and Naturalization
Service, to the Border Patrol Museum and Memorial Library
Foundation for the purpose of demonstrating the use of the
items transferred under subsection (a).
SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
It is the sense of the Congress that the mission statement
of the Immigration and Naturalization Service should include
a statement that it is the responsibility of the Service to
detect, apprehend, and remove those aliens unlawfully present
in the United States, particularly those aliens involved in
drug trafficking or other criminal activity.
SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN
TRANSPORTATION OF CERTAIN ALIENS.
Section 112(d)(1) of title 32, United States Code, is
amended by adding at the end the following new sentence:
``The plan as approved by the Secretary may provide for the
use of personnel and equipment of the National Guard of that
State to assist the Immigration and Naturalization Service in
the transportation of aliens who have violated a Federal or
State law prohibiting or regulating the possession, use, or
distribution of a controlled substance.''.
Subtitle E--Technical Corrections
SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Amendments Relating to Public Law 103-322 (Violent
Crime Control and Law Enforcement Act of 1994).--
(1) Section 60024(1)(F) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (in this
subsection referred to as ``VCCLEA'') is amended by inserting
``United States Code,'' after ``title 18,''.
(2) Section 130003(b)(3) of VCCLEA is amended by striking
``Naturalization'' and inserting ``Nationality''.
(3)(A) Section 214 (8 U.S.C. 1184) is amended by
redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the subsection
(k), as amended by section 622(c), as subsections (k) and
(l), respectively.
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
amended by striking ``214(j)'' and inserting ``214(k)''.
(4)(A) Section 245 (8 U.S.C. 1255) is amended by
redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.
1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of
VCCLEA and before redesignation by section 305(a)(2), is
amended by striking ``245(i)'' and inserting ``245(j)''.
(5) Section 245(j)(3), as added by section 130003(c)(1) of
VCCLEA and as redesignated by paragraph (4)(A), is amended by
striking ``paragraphs (1) or (2)'' and inserting ``paragraph
(1) or (2)''.
(6) Section 130007(a) of VCCLEA is amended by striking
``242A(d)'' and inserting ``242A(a)(3)''.
(7) The amendments made by this subsection shall be
effective as if included in the enactment of the VCCLEA.
(b) Amendments Relating to Immigration and Nationality
Technical Corrections Act of 1994.--
(1) Section 101(d) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) (in
this subsection referred to as ``INTCA'') is amended--
(A) by striking ``Application'' and all that follows
through ``This'' and inserting ``Applicability of
Transmission Requirements.--This'';
(B) by striking ``any residency or other retention
requirements for'' and inserting ``the application of any
provision of law relating to residence or physical presence
in the United States for purposes of transmitting United
States''; and
[[Page 2319]]
(C) by striking ``as in effect'' and all that follows
through the end and inserting ``to any person whose claim is
based on the amendment made by subsection (a) or through whom
such a claim is derived.''.
(2) Section 102 of INTCA is amended by adding at the end
the following:
``(e) Transition.--In applying the amendment made by
subsection (a) to children born before November 14, 1986, any
reference in the matter inserted by such amendment to `five
years, at least two of which' is deemed a reference to `10
years, at least 5 of which'.''.
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended by
section 105(a)(2)(A) of INTCA, is amended by striking the
comma after ``nationality''.
(4) Section 207(2) of INTCA is amended by inserting a comma
after ``specified''.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended in
subparagraph (K)(ii), by striking the comma after ``1588''.
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended by
section 209(a) of INTCA, is amended by striking ``remain''
and inserting ``remains''.
(7) Section 209(a)(1) of INTCA is amended by striking
``$3000'' and inserting ``$3,000''.
(8) Section 209(b) of INTCA is amended by striking
``subsection'' and inserting ``section''.
(9) Section 219(cc) of INTCA is amended by striking ``
`year 1993 the first place it appears' '' and inserting ``
`year 1993' the first place it appears''.
(10) Section 219(ee) of INTCA is amended by adding at the
end the following:
``(3) The amendments made by this subsection shall take
effect on the date of the enactment of this Act.''.
(11) Paragraphs (4) and (6) of section 286(r) (8 U.S.C.
1356(r)) are amended by inserting ``the'' before ``Fund''
each place it appears.
(12) Section 221 of INTCA is amended--
(A) by striking each semicolon and inserting a comma,
(B) by striking ``disasters.'' and inserting
``disasters,''; and
(C) by striking ``The official'' and inserting ``the
official''.
(13) Section 242A (8 U.S.C. 1252a), as added by section
224(a) of INTCA and before redesignation as section 238 by
section 308(b)(5), is amended by redesignating subsection (d)
as subsection (c).
(14) Except as otherwise provided in this subsection, the
amendments made by this subsection shall take effect as if
included in the enactment of INTCA.
(c) Amendments Relating to Public Law 104-132
(Antiterrorism and Effective Death Penalty Act of 1996).--
(1) Section 219 (8 U.S.C. 1189), as added by section 302(a)
of Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132) (in this subsection referred to as
``AEDPA''), is amended by striking the heading and all that
follows through ``(a)'' and inserting the following:
``designation of foreign terrorist organizations
``Sec. 219. (a)''.
(2) Section 302(b) of AEDPA is amended by striking ``,
relating to terrorism,''.
(3) Section 106(a) (8 U.S.C. 1105a(a)), as amended by
sections 401(e) and 440(a) of AEDPA, is amended--
(A) by striking ``and'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(C) in paragraph (10), by striking ``Any'' and inserting
``any''.
(4) Section 440(a) of the AEDPA is amended by striking
``Section 106 of the Immigration and Nationality Act (8
U.S.C. 1105a(a)(10)) is amended to read as follows:'' and
inserting ``Section 106(a) of the Immigration and Nationality
Act (8 U.S.C. 1105a(a)) is amended by adding at the end the
following:''.
(5) Section 440(g)(1)(A) of AEDPA is amended--
(A) by striking ``of this title''; and
(B) by striking the period after ``241(a)(2)(A)(i)''.
(6) Section 440(g) of AEDPA is amended by striking
paragraph (2).
(7) The amendments made by this subsection shall take
effect as if included in the enactment of subtitle A of title
IV of AEPDA.
(d) Striking References to Section 210A.--
(1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) is
amended by striking ``, 210A,''.
(B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is
amended by striking ``, 210A(a),''.
(C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
redesignation by section 305(a)(2), is amended by striking
subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration
Reform and Control Act of 1986 are each amended by striking
``, 210A,''.
(e) Miscellaneous Changes in the Immigration and
Nationality Act.--
(1) Before being amended by section 308(a)(2), the item in
the table of contents relating to section 242A is amended to
read as follows:
``Sec. 242A. Expedited deportation of aliens convicted of committing
aggravated felonies.''.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by
striking ``, 321, and 322'' and inserting ``and 321''.
(3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by
inserting a comma after ``(4) thereof)''.
(4) Pursuant to section 6(b) of Public Law 103-272 (108
Stat. 1378)--
(A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended by
striking ``section 101(3) of the Federal Aviation Act of
1958'' and inserting ``section 40102(a)(2) of title 49,
United States Code''; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is amended by
striking ``section 105 or 106 of the Hazardous Materials
Transportation Act (49 U.S.C. App. 1804, 1805)'' and
inserting ``section 5103(b), 5104, 5106, 5107, or 5110 of
title 49, United States Code''.
(5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is
amended by inserting a period after ``expended''.
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is
amended--
(A) by striking ``and'' at the end of clause (iv);
(B) by moving clauses (v) and (vi) 2 ems to the left;
(C) by striking ``; and'' in clauses (v) and (vi) and
inserting ``and for'';
(D) by striking the colons in clauses (v) and (vi); and
(E) by striking the period at the end of clause (v) and
inserting ``; and''.
(7) Section 412(b) (8 U.S.C. 1522(b)) is amended by
striking the comma after ``is authorized'' in paragraph (3)
and after ``The Secretary'' in paragraph (4).
(f) Miscellaneous Change in the Immigration Act of 1990.--
Section 161(c)(3) of the Immigration Act of 1990 is amended
by striking ``an an'' and inserting ``of an''.
(g) Miscellaneous Changes in Other Acts.--
(1) Section 506(a) of the Intelligence Authorization Act,
Fiscal Year 1990 (Public Law 101-193) is amended by striking
``this section'' and inserting ``such section''.
(2) Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, as amended by section 505(2) of
Public Law 103-317, is amended--
(A) by moving the indentation of subsections (f) and (g) 2
ems to the left; and
(B) in subsection (g), by striking ``(g)'' and all that
follows through ``shall'' and inserting ``(g) Subsections (d)
and (e) shall''.
And the Senate agree to the same.
Henry Hyde,
Lamar Smith,
Elton Gallegly,
Bill McCollum,
Bob Goodlatte,
Ed Bryant,
Sonny Bono,
Bill Goodling,
Randy ``Duke'' Cunningham,
Howard P. ``Buck'' McKeon,
E. Clay Shaw, Jr.,
Managers on the Part of the House.
Orrin Hatch,
Al Simpson,
Chuck Grassley,
Jon Kyl,
Arlen Specter,
Strom Thurmond,
Dianne Feinstein,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. BRYANT moved to recommit the conference report on H.R. 2202 to the
committee of conference with instructions to the managers on the part of
the House to take all of the following actions:
(1) Enhancing Enforcement of Protections for American
Workers.--
(A) Recede to (and include in the conference substitute
recommended by the committee of conference, in this motion
referred to as the ``conference substitute'') section 105 of
the Senate Amendment (relating to increased personnel levels
for the Labor Department).
(B) Recede to (and include in the conference substitute)
section 120A of the Senate Amendment (relating to subpoena
authority for cases of unlawful employment of aliens or
document fraud).
(C) Recede to (and include in the conference substitute)
section 119 of the Senate Amendment (relating to enhanced
civil penalties if labor standards violations are present).
(2) Preserving Safeguards Against Discrimination.--
(A) Disagree to (and delete) section 421 (relating to
treatment of certain documentary practices as unfair
immigration-related employment practices) in the conference
substitute and insist, in its place, and include in the
conference substitute, the provisions of section 407(b)
(relating to treatment of certain documentary practice as
employment practices) of H.R. 2202, as passed the House of
Representatives.
(B) Disagree to (and delete) section 633 (relating to
authority to determine visa processing procedures) in the
conference substitute.
(C) Insist that the phrase ``(which may not include
treatment for HIV infection or acquired immune deficiency
syndrome)'' be deleted each place it appears in sections
501(b)(4) and 552(d)(2)(D) of the conference substitute and
in the section 213A(c)(2)(C) of the Immigration and
Nationality Act (as proposed to be inserted by section 551(a)
of the conference substitute).
(3) Preserving Environmental Safeguards.--Disagree to (and
delete) subsection
[[Page 2320]]
(c) of section 102 (relating to waivers of certain
environmental laws) in the conference substitute.
By unanimous consent, the previous question was ordered on the motion
to recommit.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. RIGGS, announced that the nays had it.
Mr. BRYANT objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
179
When there appeared
<3-line {>
Nays
247
para.114.15 [Roll No. 431]
YEAS--179
Abercrombie
Ackerman
Andrews
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Campbell
Cardin
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Costello
Coyne
Cummings
Danner
de la Garza
DeFazio
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gonzalez
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Saxton
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Wise
Woolsey
Wynn
Yates
Zimmer
NAYS--247
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--7
Gibbons
Heineman
Lincoln
Mascara
Peterson (FL)
Williams
Wilson
So the motion to recommit the conference report to the committee of
conference was not agreed to.
A motion to reconsider the vote whereby said motion was not agreed to
was, by unanimous consent, laid on the table.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. RIGGS, announced that the yeas had it.
Mr. SMITH of Texas demanded a recorded vote on agreeing to said
conference report, which demand was supported by one-fifth of a quorum,
so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
305
<3-line {>
affirmative
Nays
123
para.114.16 [Roll No. 432]
AYES--305
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clement
Clinger
Clyburn
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeFazio
DeLay
Deutsch
Dickey
Dicks
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fazio
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson (SD)
Johnson, Sam
Jones
Kanjorski
Kasich
Kelly
Kildee
Kim
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Longley
Lucas
Luther
Manton
Manzullo
Martini
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Molinari
Montgomery
Moorhead
Moran
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Obey
Orton
Oxley
Packard
Pallone
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Reed
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
[[Page 2321]]
Shuster
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--123
Abercrombie
Ackerman
Baldacci
Barrett (WI)
Becerra
Beilenson
Berman
Blumenauer
Bonior
Borski
Brown (OH)
Bryant (TX)
Bunn
Clay
Clayton
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
de la Garza
DeLauro
Dellums
Diaz-Balart
Dingell
Dixon
Doggett
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gutierrez
Hastings (FL)
Hilliard
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson, E. B.
Johnston
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
King
Kleczka
LaFalce
Lantos
Lewis (GA)
Lofgren
Lowey
Maloney
Markey
Martinez
Matsui
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Mollohan
Morella
Nadler
Neal
Oberstar
Olver
Ortiz
Owens
Pastor
Payne (NJ)
Pelosi
Rahall
Rangel
Richardson
Rivers
Ros-Lehtinen
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Torres
Towns
Velazquez
Vento
Waters
Watt (NC)
Waxman
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--6
Gibbons
Heineman
Lincoln
Mascara
Peterson (FL)
Wilson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.114.17 providing for the consideration of h.r. 4134
Mr. McINNIS, by direction of the Committee on Rules, called up the
following resolution (H. Res. 530):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
4134) to amend the Immigration and Nationality Act to
authorize States to deny public education benefits to aliens
not lawfully present in the United States who are not
enrolled in public schools during the period beginning
September 1, 1996, and ending July 1, 1997. The bill shall be
debatable for one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on the
Judiciary or their designees. The previous question shall be
considered as ordered on the bill to final passage without
intervening motion except one motion to recommit.
When said resolution was considered.
After debate,
On motion of Mr. McINNIS, the previous question was ordered on the
resolution to its adoption or rejection and, under the operation
thereof, was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.114.18 illegal aliens in public schools
Mr. GALLEGLY, pursuant to House Resolution 530, called up the bill
(H.R. 4134) to amend the Immigration and Nationality Act to authorize
States to deny public education benefits to aliens not lawfully present
in the United States who are not enrolled in public schools during the
period beginning September 1, 1996 and ending July 1, 1997.
When said bill was considered and read twice.
After debate,
Pursuant to House Resolution 530, the previous question was considered
as ordered.
The bill was ordered to be engrossed and read a third time, was read a
third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. CHAMBLISS, announced that the yeas had
it.
Mr. GALLEGLY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
254
When there appeared
<3-line {>
Nays
175
para.114.19 [Roll No. 433]
YEAS--254
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Bass
Bateman
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
Deal
DeLay
Deutsch
Dickey
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Ensign
Everett
Ewing
Fields (TX)
Flanagan
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Gordon
Goss
Graham
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (SD)
Johnson, Sam
Jones
Kaptur
Kasich
Kelly
Kim
King
Kingston
Klink
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lucas
Manzullo
Martini
Mascara
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Minge
Montgomery
Moorhead
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Roth
Roukema
Royce
Salmon
Saxton
Scarborough
Schaefer
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--175
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Barton
Becerra
Beilenson
Bentsen
Berman
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Campbell
Chapman
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
de la Garza
DeFazio
DeLauro
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Foglietta
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Gilman
Gonzalez
Green (TX)
Greene (UT)
Gunderson
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E.B.
Johnston
Kanjorski
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lincoln
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Matsui
McCarthy
McDermott
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Mink
Moakley
Molinari
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Pomeroy
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
[[Page 2322]]
Rose
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schiff
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Souder
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Velazquez
Vento
Ward
Waters
Watt (NC)
Waxman
Weller
White
Williams
Wise
Woolsey
Wynn
Yates
NOT VOTING--5
Gibbons
Heineman
Peterson (FL)
Peterson (MN)
Wilson
So the bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.20 notice requirement--consideration of resolution--question
of privileges
Mr. LINDER, pursuant to clause 2(a)(1) of rule IX, announced his
intention to call up the following resolution, as a question of the
privileges of the House:
Whereas, a complaint filed against Representative Gephardt
alleges House Rules have been violated by Representative
Gephardt's concealment of profits gained through a complex
series of real estate tax exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws or regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in other complex matters involving complaints hired outside
counsel with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Official Conduct is
responsible for determining whether Representative Gephardt's
financial transactions violated standards of conduct or
specific rules of the House of Representatives and;
Whereas, the complaint against Representative Gephardt has
been pending before the committee for more than seven months.
Whereas, on Friday, September 20, 1996 the ranking Democrat
of the Ethics Committee, Representative James McDermott in a
public statement suggested that cases pending before the
committee in excess of 60 days be referred to an outside
counsel; now therefore be it
Resolved that the committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of the charges filed against
the Democrat Leader Representative Richard Gephardt.
Resolved that all relevant materials presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
to determine whether the committee should proceed to a
preliminary inquiry.
The SPEAKER pro tempore, Mr. HANSEN, responded to the foregoing
notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days. The Chair will announce that designation at a later
time.
``A determination as to whether the resolution constitutes a question
of privileges will be made at a later time.''.
para.114.21 suspension of the rules
Mr. NETHERCUTT, pursuant to House Resolution 525, at 5:49 p.m.
announced the Speaker will recognize a Member for a motion to suspend
the rules under clause 1, rule XXVII, today with respect to H.R. 4167,
Professional Boxing Safety Act.
para.114.22 methamphetamine manufacture prevention
Mr. McCOLLUM, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3852) to prevent the illegal manufacturing
and use of methamphetamine; as amended.
The SPEAKER pro tempore, Mr. HANSEN, recognized Mr. McCOLLUM and Ms.
LOFGREN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. McCOLLUM demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. DICKEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, September 26, 1996, pursuant to the prior announcement of the
Chair.
para.114.23 submission of conference report--h.r. 2977
Mr. FLANAGAN submitted a conference report (Rept. No. 104-841) on the
bill (H.R. 2977) to reauthorize alternative means of dispute resolution
in the Federal administrative process, and for other purposes; together
with a statement thereon, for printing in the Record under the rule.
para.114.24 waiving points of order against against conference report
to accompany h.r. 1296
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-842) the resolution (H. Res. 536) waiving points of order
against the conference report to accompany the bill (H.R. 1296) to
provide for the administration of certain Presidio properties at minimal
cost to the Federal taxpayer.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.114.25 drug-facilitated violence
Mr. McCOLLOM, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4137) to combat drug-facilitated crimes of
violence, including sexual assaults.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. McCOLLOM and Mr.
SCHUMER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. SOLOMON demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. DICKEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, September 26, 1996, pursuant to the prior announcement of the
Chair.
para.114.26 human rights restoration
Mr. SMITH of New Jersey, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill (H.R. 4036) to strengthen the
protection of internationally recognized human rights; as amended.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. SMITH of New
Jersey and Mr. MORAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act
making certain provisions with respect to internationally recognized
human rights, refugees, and foreign relations.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.27 consumer fraud prevention
Mr. McCOLLOM, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 1499) to improve criminal law relating to
fraud against consumers; as amended.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. McCOLLUM and Ms.
LOFGREN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
[[Page 2323]]
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.28 sexual predator tracking
Mr. McCOLLUM, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3456) to provide for the nationwide
tracking of convicted sexual predators, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. McCOLLUM and Ms.
LOFGREN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. ZIMMER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. DICKEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, September 26, 1996, pursuant to the prior announcement of the
Chair.
para.114.29 private security officer employment
Mr. BARR, pursuant to House Resolution 525, moved to suspend the rules
and pass the bill (H.R. 2092) to expedite State reviews of criminal
records of applicants for private security officer employment, and for
other purposes; as amended.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. BARR and Mr. WATT
of North Carolina, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WATT of North Carolina, demanded that the vote be taken by the
yeas and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. DICKEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, September 26, 1996, pursuant to the prior announcement of the
Chair.
para.114.30 government accountability
Mr. McCOLLUM moved to suspend the rules and agree to the following
resolution (H. Res. 535):
Resolved, That upon adoption of this resolution, the bill
H.R. 3166, to amend title 18, United States Code, with
respect to the crime of false statement in a Government
matter, with the Senate amendments thereto, shall be
considered to have been taken from the Speaker's table and
the same are agreed to with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text of the bill, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``False Statements
Accountability Act of 1996''.
SEC. 2. RESTORING FALSE STATEMENTS PROHIBITION.
Section 1001 of title 18, United States Code, is amended to
read as follows:
``Sec. 1001. Statements or entries generally
``(a) Except as otherwise provided in this section,
whoever, in any matter within the jurisdiction of the
executive, legislative, or judicial branch of the Government
of the United States, knowingly and willfully--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device a material fact;
``(2) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(3) makes or uses any false writing or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry;
shall be fined under this title or imprisoned not more than 5
years, or both
``(b) Subsection (a) does not apply to a party to a
judicial proceeding, or that party's counsel, for statements,
representations, writings or documents submitted by such
party or counsel to a judge or magistrate in that proceeding.
``(c) With respect to any matter within the jurisdiction of
the legislative branch, subsection (a) shall apply only to--
``(1) administrative matters, including a claim for
payment, a matter related to the procurement of property or
services, personnel or employment practices, or support
services, or a document required by law, rule, or regulation
to be submitted to the Congress or any office or officer
within the legislative branch; or
``(2) any investigation or review, conducted pursuant to
the authority of any committee, subcommittee, commission or
office of the Congress, consistent with the applicable rules
of the House or Senate.''.
SEC. 3. CLARIFYING PROHIBITION ON OBSTRUCTING CONGRESS.
Section 1515 of title 18, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) As used in section 1505, the term `corruptly' means
acting with an improper purpose, personally or by influencing
another, including making a false or misleading statement, or
withholding, concealing, altering, or destroying a document
or other information.''.
SEC. 4. ENFORCING SENATE SUBPOENA.
Section 1365(a) of title 28, United States Code, is amended
in the second sentence, by striking ``Federal Government
acting within his official capacity'' and inserting
``executive branch of the Federal Government acting within
his or her official capacity, except that this section shall
apply if the refusal to comply is based on the assertion of a
personal privilege or objection and is not based on a
governmental privilege or objection the assertion of which
has been authorized by the executive branch of the Federal
Government''.
SEC. 5. COMPELLING TRUTHFUL TESTIMONY FROM IMMUNIZED WITNESS.
Section 6005 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or ancillary to''
after ``any proceeding before''; and
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by inserting ``or ancillary
to'' after ``a proceeding before'' each place that term
appears; and
(B) in paragraph (3), by adding a period at the end.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. McCOLLUM and Mr.
WATT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. McCOLLUM demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. DICKEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, September 26, 1996, pursuant to the prior announcement of the
Chair.
para.114.31 child abuse prevention reauthorization
Mr. GOODLING, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 919) to modify and reauthorize
the Child Abuse Prevention and Treatment Act, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. GOODLING and Mr.
KILDEE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. DICKEY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.114.32 notice requirement--consideration of resolution--question
of privileges
Mr. LEWIS of Georgia, pursuant to clause 2(a)(1) of rule IX, announced
his intention to call up the following resolution, as a question of the
privileges of the House:
[[Page 2324]]
Mr. LEWIS of Georgia (during consideration of S. 919). Mr. Speaker,
pursuant to clause 2 of rule IX, I hereby give notice of my intention to
offer a resolution which raises a question of the privileges of the
House.
Whereas on December 6, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, nonpartisan investigation of
allegations of ethical misconduct by Speaker New Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgment concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives;
Now therefore be it.
Resolved, That the Committee on Standards of Official
Conduct shall release to the public the outside counsel's
report on Speaker Newt Gingrich, including any conclusions,
recommendations, attachments, exhibits or accompanying
material--no later than Friday, September 27, 1996.
The SPEAKER pro tempore, Mr. DICKEY, responded to the foregoing
notice, and said:
``Under rule IX, a resolution offered from the floor by a Member other
than the majority leader or the minority leader as a question of the
privileges of the House has immediate precedence only at a time or place
designated by the Chair in the legislative schedule within two
legislative days. The Chair will announce that designation at a later
time.
``A determination as to whether the resolution constitutes a question
of privileges will be made at a later time.''.
para.114.33 journeymen boxers safety
Mr. OXLEY, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4167) to provide for the safety of
journeymen boxers, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. DICKEY, recognized Mr. OXLEY and Mr.
MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.34 submission of conference report--s. 640
Mr. BOEHLERT submitted a conference report (Rept. No. 104-843) on the
bill of the Senate (S. 640) to provide for the conservation and
development of water and related resources, to authorize the Secretary
of the Army to construct various projects for improvements to rivers and
harbors of the United States, and for other purposes; together with a
statement thereon, for printing in the Record under the rule.
para.114.35 solid waste disposal amendment
Mr. OXLEY, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3391) to amend the Solid Waste Disposal
Act to require at least 85 percent of funds appropriated to the
Environmental Protection Agency from the Leaking Underground Storage
Tank Trust Fund to be distributed to States for cooperative agreements
for undertaking corrective action and for enforcement of subtitle I of
such Act; as amended.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. OXLEY and Mr.
MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.36 federal employees emergency leave transfer
Mr. MICA, pursuant to House Resolution 525, moved to suspend the rules
and pass the bill of the Senate (S. 868) to provide authority for leave
transfer for Federal employees who are adversely affected by disasters
or emergencies, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. MICA and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. WICKER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.114.37 clarion wild river
Mr. HANSEN, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3568) to designate 51.7 miles of the
Clarion River, located in Pennsylvania, as a component of the National
Wild and Scenic Rivers Systems.
The SPEAKER pro tempore, Mr. WICKER, recognized Mr. HANSEN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.38 wekiva river study
Mr. HANSEN, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3155) to amend the Wild and Scenic Rivers
Act by designating the Wekiva River, Seminole Creek, and Rock Springs
Run in the State of Florida for study and potential addition to the
national wild and scenic rivers system; as amended.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. HANSEN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.114.39 snoqualmie national forest boundary
Mr. HANSEN, pursuant to House Resolution 525, moved to suspend the
rules
[[Page 2325]]
and pass the bill (H.R. 3497) to expand the boundary of the Snoqualmie
National Forest, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. HANSAN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. HANSEN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. BURTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed until
Thursday, September 26, 1996.
para.114.40 indian environmental assistance
Mr. HANSEN, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 1834) to reauthorize the
Indian Environmental General Assistance Program Act of 1992, and for
other purposes.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. HANSEN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.114.41 suspension of the rules
Mr. WICKER, pursuant to House Resolution 525, announced the Speaker
will recognize Members for motions to suspend the rules under clause 1,
rule XXVII, Thursday, September 26, 1996, for the following bills:
H. Con. Res. 180, Commending Americans in Cold War;
H.R. 3874, Civil Rights Commission;
H.R. 2977, Administrative Dispute Resolution Conference Report;
H. Con. Res. 145, Re: Removal of Russian Forces from Moldova;
H. Con. Res. 189, Re: U.S. Membership in South Pacific;
H. Con. Res. 51, Removal of Russian Troops;
H.R. 2579, Establish Tourism Board;
H.R. 3841, Civil Service Reform Act;
H.R. 3973, Alaska Natives;
H.R. 3752, American Land Sovereignty Protection;
H.R. 3068, Prairie Island;
H.R. 2505, Alaska Native Claim Settlement Act Amendments;
H.R. 4168, Dealing with the sale of helium;
H.R. 2660, Tensas River National Wildlife;
S. 1802, Wyoming Fish Conveyance;
H.R. 3804, Agua Caliente;
H.R. 4011, Congressional Pension Forfeiture Act;
S. 1970, National Museum of American Indian;
H.R. 3700, Internet Election;
S. 640, Water Resources Development Act Conference Report;
H.R. 3159, NTSB; and
H.R. 4138, Hydrogen Research and Development.
para.114.42 senate bill referred
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 1875. An Act to designate the United States courthouse
in Medford, Oregon, as the ``James A. Redden Federal
Courthouse; to the Committee on Transportation and
Infrastructure.
para.114.43 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bill of the House of
the following title, which was thereupon signed by the Speaker:
H.R. 3666. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.
para.114.44 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1507. An Act to provide for the extension of the Parole
Commission to oversee cases of prisoners sentenced under
prior law, to reduce the size of the Parole Commission, and
for other purposes.
para.114.45 bill presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval, a
bill of the House of the following title:
H.R. 3666. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.
And then,
para.114.46 adjournment
On motion of Mr. WICKER, at 11 o'clock and 31 minutes p.m., the House
adjourned.
para.114.47 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SPENCE: Committee on National Security. H.R. 3142. A
bill to establish a demonstration project to provide that the
Department of Defense may receive Medicare reimbursement for
health care services provided to certain Medicare-eligible
covered military beneficiaries; with an amendment (Rept. No.
104-837, Pt. 1). Ordered to be printed.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3973. A
bill to provide for a study of the recommendations of the
Joint Federal-State Commission on Policies and Programs
Affecting Alaska Natives; with an amendment (Rept. No. 104-
838). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BLILEY: Committee on Commerce. H.R. 2579. A bill to
establish the National Tourism Board and the National Tourism
Organization to promote international travel and tourism to
the United States; with an amendment (Rept. No. 104-839 Pt.
1).
Mr. HYDE: Committee of Conference. Conference report on
H.R. 2977. A bill to reauthorize alternative means of dispute
resolution in the Federal administrative process, and for
other purposes (Rept. No. 104-841). Ordered to be printed.
Ms. GREENE of Utah. Committee on Rules. House Resolution
536. Resolution waiving points of order against the
conference report to accompany the bill (H.R. 1296) to
provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer (Rept. No. 104-842).
Referred to the House Calendar.
Mr. SHUSTER: Committee of conference. Conference report on
S. 640. An act to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes (Rept. No. 104-843). Ordered to be
printed.
Mr. BLILEY: Committee on Commerce. H.R. 2923. A bill to
extend for 4 additional years the waiver granted to the Watts
Health Foundation from the membership mix requirement for
health maintenance organizations participating in the
Medicare Program (Rept. No. 104-844 Pt. 1). Ordered to be
printed.
Mr. BLILEY: Committee on Commerce. H.R. 4012. A bill to
waive temporarily the Medicare enrollment composition rules
for The Wellness Plan (Rept. No. 104-845 Pt. 1). Ordered to
be printed.
para.114.48 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2579. Referral to the Committee on International
Relations extended for a period ending not later than
September 25, 1996.
H.R. 2923. Referral to the Committee on Ways and Means
extended for a period ending not later than October 2, 1996.
H.R. 4012. Referral to the Committee on Ways and Means
extended for a period ending not later than October 2, 1996.
para.114.49 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
[[Page 2326]]
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2561. A
bill to provide for an exchange of lands located near
Gustavus, AK, with an amendment; referred to the Committee on
Commerce for a period ending not later than October 11, 1996,
for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee
pursuant to clause 1(e), rule X (Rept. No. 104-840, Pt. 1).
Ordered to be printed.
para.114.50 discharge of committee
Pursuant to clause 5 of rule X the Committee on
International Relations discharged from further
consideration. H.R. 2579 referred to the Committee of the
Whole House on the State of the Union.
para.114.51 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. HYDE:
H.R. 4164. A bill to provide for the extension of certain
authority for the Marshal of the Supreme Court and the
Supreme Court Police; to the Committee on the Judiciary.
By Mr. HOKE (for himself and Mr. Traficant):
H.R. 4165. A bill to provide for certain changes with
respect to requirements for a Canadian boater landing permit
pursuant to section 235 of the Immigration and Nationality
Act; to the Committee on the Judiciary.
By Mr. CLAY (for himself, Ms. Velazquez, Mr. Miller of
California, Mr. Kildee, Mr. Williams, Mr. Martinez,
Mr. Owens, Mr. Payne of New Jersey, Mrs. Mink of
Hawaii, Mr. Andrews, Mr. Becerra, Mr. Scott, Mr.
Green of Texas, Ms. Woolsey, Mr. Fattah, Mr.
Abercrombie, Mr. Berman, Mr. Bonior, Mr. Brown of
California, Mr. Brown of Ohio, Mrs. Clayton, Mr.
Conyers, Mr. Dellums, Mr. Dixon, Mr. Engel, Mr.
Evans, Mr. Foglietta, Mr. Gonzalez, Mr. Gutierrez,
Mr. Hastings of Florida, Mr. Hilliard, Mr. Hinchey,
Mr. Holden, Mr. Jackson, Mr. Kanjorski, Mr. Lantos,
Mr. Levin, Mr. Lipinski, Ms. Lofgren, Mr. Manton, Mr.
Mascara, Mr. Moakley, Mr. Moran, Mr. Olver, Mr.
Rahall, Mr. Rangel, Ms. Roybal-Allard, Mr. Serrano,
Mr. Thompson, Mr. Torres, Mr. Vento, Mr. Wise, Mr.
Wynn, and Mr. Yates):
H.R. 4166. A bill to amend the Fair Labor Standards Act of
1938 to provide for legal accountability for sweatshop
conditions in the garment industry, and for other purposes;
to the Committee on Economic and Educational Opportunities.
By Mr. WILLIAMS (for himself, Mr. Oxley, and Mr.
Manton):
H.R. 4167. A bill to provide for the safety of journeyman
boxers, and for other purposes; to the Committee on Economic
and Educational Opportunities, and in addition to the
Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. COX:
H.R. 4168. A bill to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes; to the Committee on Resources.
By Mr. BAKER of California (for himself, Mr. White, and
Mr. Campbell):
H.R. 4169. A bill to amend the Internal Revenue Code of
1986 to provide that all computer software shall be
depreciable over 24 months; to the Committee on Ways and
Means.
By Mr. GINGRICH:
H.R. 4170. A bill to provide a sentence of death for
certain importations of significant quantities of controlled
substances; to the Committee on the Judiciary, and in
addition to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BAKER of Louisiana:
H.R. 4171. A bill to amend the National Forest Foundation
Act to extend and increase the matching funds authorization
for the Foundation, to provide additional administrative
support to the Foundation, to authorize the use of investment
income, and to permit the Foundation to license the use of
trademarks, tradenames, and other such devices to advertise
that a person is an official sponsor or supporter of the
Forest Service or the National Forest System; to the
Committee on Agriculture.
By Mr. CONDIT (for himself, Mr. Cunningham, Mr. McKeon,
Mr. Riggs, Mr. Fazio of California, Ms. Lofgren, and
Mr. Campbell):
H.R. 4172. A bill to amend the Fair Labor Standards Act of
1938 to provide an exemption from the overtime requirements
of that act for law enforcement employees while at a police
academy or other training facility pursuant to an agreement
between the public agency employing such employee and
representatives of such employee; to the Committee on
Economic and Educational Opportunities.
By Mr. EVANS (for himself and Mr. Filner):
H.R. 4173. A bill to amend title 38, United States Code, to
improve benefits for veterans exposed to ionizing radiation;
to the Committee on Veterans' Affairs.
By Ms. KAPTUR:
H.R. 4174. A bill to establish the Fallen Timbers
Battlefield, Fort Meigs, and Fort Miamis National Historical
Site in the State of Ohio; to the Committee on Resources.
By Mr. LAZIO of New York:
H.R. 4175. A bill to require the Secretary of Education to
investigate the feasibility of establishing a National
Environmental Science and Policy Academy; to the Committee on
Science, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. McDERMOTT (for himself, Mr. Gibbons, Mr. Rangel,
Mr. Stark, Mr. Coyne, and Mr. Neal of Massachusetts):
H.R. 4176. A bill to amend the Internal Revenue Code of
1986 to allow certain employees without employer-provided
health coverage a refundable credit for their health
insurance costs; to the Committee on Ways and Means.
By Mr. McHUGH:
H.R. 4177. A bill to extend the deadline under the Federal
Power Act applicable to the construction of the AuSable
Hydroelectric Project in New York, and for other purposes; to
the Committee on Commerce.
By Mr. McINNIS:
H.R. 4178. A bill to establish peer review for the review
of standards promulgated under the Occupational Safety and
Health Act of 1970; to the Committee on Economic and
Educational Opportunities.
H.R. 4179. A bill to provide that members of the Armed
Forces who performed services for the peacekeeping efforts in
Somalia shall be entitled to tax benefits in the same manner
as if such services were performed in a combat zone, and for
other purposes; to the Committee on Ways and Means.
By Mr. MOAKLEY:
H.R. 4180. A bill to provide schools throughout the country
with the capability to use new technology to its fullest
potential; to the Committee on Economic and Educational
Opportunities.
By Mrs. MYRICK:
H.R. 4181. A bill to provide for increased mandatory
minimum sentences for criminals possessing firearms, and for
other purposes; to the Committee on the Judiciary.
By Mrs. ROUKEMA (for herself, Mr. McCollum, Mr. Vento,
Mr. Dreier, Ms. Furse, Mr. Flake, Mr. King, Mr. Bono,
and Ms. McKinney):
H.R. 4182. A bill to enhance competition in the financial
services sector and merge the commercial bank and savings
association charters; to the Committee on Banking and
Financial Services, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. SMITH of Washington:
H.R. 4183. A bill to amend the Federal Election Campaign
Act of 1971 to require the disclosure of the identity of
persons paying the expenses associated with the polls
conducted by telephone during campaigns for election for
Federal office, and for other purposes; to the Committee on
House Oversight, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SPRATT:
H.R. 4184. A bill to suspend temporarily the duty on
certain chemicals; to the Committee on Ways and Means.
By Mr. STARK:
H.R. 4185. A bill to amend title XVIII of the Social
Security Act to pay for parenteral nutrients provided as part
of renal dialysis services as part of payment for renal
dialysis services under the Medicare Program; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. TRAFICANT:
H.R. 4186. A bill to designate the United States border
station located in Pharr, TX, as the ``Kika de la Garza
United States Border Station''; to the Committee on
Transportation and Infrastructure.
By Mr. WELLER:
H.R. 4187. A bill to amend the National Trails System Act
to designate the Lincoln National Historic Trail as a
component of the National Trails System; to the Committee on
Resources.
By Mr. WILLIAMS:
H.R. 4188. A bill to authorize the construction of the Fort
Peck Reservation Rural Water System, Montana, and for other
purposes; to the Committee on Resources.
By Mr. STARK:
H.R. 4189. A bill to amend title XVIII of the Social
Security Act to provide for coverage of vancomycin home
parenteral therapy under the Medicare Program; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
H.R. 4190. A bill to amend title XVIII of the Social
Security Act to provide for coverage of outpatient parenteral
antimicrobial therapy under the Medicare program; to the
Committee on Ways and Means, and in addi
[[Page 2327]]
tion to the Committee on Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
H.R. 4191. A bill to require the Secretary of Health and
Human Services to conduct a study of the effect on payments
under Medicare where certain inpatient services are replaced
by outpatient services; to the Committee on Ways and Means,
and in addition to the Committee on Commerce, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BACHUS:
H. Con. Res. 218. Concurrent resolution expressing the
sense of the Congress that the President should categorically
disavow any intention of issuing pardons to James or Susan
McDougal or Jim Guy Tucker; to the Committee on the
Judiciary.
By Mr. KENNEDY of Rhode Island (for himself, Mr.
Gilman, Mr. Regula, Mr. Yates, Mr. Lantos, Mr.
LaTourette, and Mr. Fox):
H. Con. Res. 219. Concurrent resolution calling for the
proper preservation of the memorial at the site of the
Jasenovac concentration and death camp in Croatia in a way
that accurately reflects the historical role of that site in
the Holocaust; to the Committee on International Relations.
By Mr. LANTOS (for himself and Mr. Hoke):
H. Con. Res. 220. Concurrent resolution commending the
Governments of Hungary and Romania on the occasion of the
signing of a Treaty of Understanding, Cooperation and Good
Neighborliness; to the Committee on International Relations.
By Mr. McCOLLUM:
H. Res. 535. Resolution providing for the concurrence of
the House, with an amendment, in the amendments of the Senate
to the bill H.R. 3166; considered under suspension of the
rules.
By Mr. MEEHAN (for himself, Mr. Franks of New Jersey,
and Ms. Eshoo):
H. Res. 537. Resolution expressing the sense of the House
of Representatives that the Departments of the Treasury,
Defense, Commerce, and Labor should take steps to assist in
increasing the competitiveness of the U.S. electronic inter-
connections industry; to the Committee on Ways and Means, and
in addition to the Committees on Commerce, National Security,
and Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
para.114.52 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
Mr. TAUZIN introduced a bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel Spirit of the Pacific Northwest; which was
referred to the Committee on Transportation and
Infrastructure.
para.114.53 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 65: Mr. Zimmer.
H.R. 103: Mr. Gilchrest.
H.R. 778: Mr. Longley.
H.R. 784: Mrs. Cubin.
H.R. 878: Mr. Gordon and Mr. Quinn.
H.R. 903: Ms. Molinari.
H.R. 1046: Mr. Holden.
H.R. 1073: Mr. Lazio of New York and Mr. Hoke.
H.R. 1074: Mr. Hoke.
H.R. 1090: Mr. Zimmer and Mr. Andrews.
H.R. 1325: Mr. Mascara.
H.R. 1339: Ms. Harman.
H.R. 1402: Ms. Waters.
H.R. 1591: Mr. Gutierrez.
H.R. 1649: Ms. Slaughter.
H.R. 1805: Mr. Gordon.
H.R. 1846: Mrs. Morella.
H.R. 1916: Mrs. Chenoweth.
H.R. 2011: Mr. Blumenauer and Mr. Shaw.
H.R. 2080: Mr. Cummings, Mr. Green of Texas, Ms. Norton,
and Mr. Jackson.
H.R. 2211: Mr. Kildee.
H.R. 2323: Mr. Hostettler.
H.R. 2434: Mr. Houghton and Mr. Combest.
H.R. 2497: Mr. Lightfoot and Mr. Ehrlich.
H.R. 2579: Mr. Camp and Mr. Deal of Georgia.
H.R. 2651: Mr. Dickey and Mr. Kennedy of Rhode Island.
H.R. 2664: Mr. Zimmer.
H.R. 2713: Mr. King.
H.R. 2727: Mrs. Chenoweth.
H.R. 2875: Mr. Torkildsen.
H.R. 2900: Mr. Camp, Mr. LaHood, Mr. Dickey, and Mr.
Bunning of Kentucky.
H.R. 2976: Mr. Foglietta, Mr. Hefner, Mrs. Lincoln, Mr.
Skaggs, Mr. Smith of Michigan, and Mr. Stokes.
H.R. 2995: Mr. Hoke.
H.R. 3022: Mr. Leach, Mrs. Mink of Hawaii, and Mr. Schumer.
H.R. 3081: Mr. Rush, Mr. Watt of North Carolina, Mr.
Jefferson, and Ms. Jackson-Lee.
H.R. 3104: Mr. Jackson.
H.R. 3142: Mr. Longley, Mr. Walsh, and Mr. Andrews.
H.R. 3195: Mr. Goodlatte, Mr. Herger, Mr. McIntosh, and Mr.
Stump.
H.R. 3226: Mr. Ney.
H.R. 3353: Mr. Owens.
H.R. 3398: Ms. Woolsey and Mr. Herger.
H.R. 3413: Mrs. Morella, Mr. Smith of Texas, Mr. Sanders,
Mr. Solomon, Mr. Gilman, Mr. Williams, Mr. McHale, Mr. Klink,
Mr. Diaz-Balart, Mr. Olver, Mr. Torkildsen, Mr. McDade, Mr.
Ehrlich, Mr. Doyle, Mr. Johnson of South Dakota, Mrs.
Roukema, Mr. Pomeroy, Mr. Zimmer, Mr. Pombo, Mr. Frost, Mr.
Hinchey, Mr. Leach, Mr. Thompson, Mrs. Meek of Florida, Mr.
Stark, Mr. Ackerman, Mr. Evans, and Mr. Goodling.
H.R. 3426: Mr. Boehner.
H.R. 3462: Mr. Filner.
H.R. 3504: Mr. Blute.
H.R. 3531: Mrs. Schroeder.
H.R. 3538: Mr. Dornan, Mr. Mascara, Mrs. Meek of Florida,
Mr. Davis, Mr. Conyers, and Mr. Manton.
H.R. 3555: Mr. Castle.
H.R. 3636: Mrs. Smith of Washington.
H.R. 3690: Mr. Hutchinson.
H.R. 3693: Ms. Millender-McDonald, Mr. Ackerman, Mr.
Bereuter, Ms. DeLauro, and Mr. Torres.
H.R. 3714: Mr. Sawyer and Ms. Pryce.
H.R. 3736: Mr. Bereuter, Mr. Gunderson, Mr. Manton, Mr.
Blute, and Mr. Bachus.
H.R. 3753: Mr. Costello.
H.R. 3758: Mr. Campbell, Mr. Knollenberg, and Mr. Stockman.
H.R. 3795: Mr. Hayes.
H.R. 3849: Mr. Doyle, Mr. LaHood, and Mr. Bartlett of
Maryland.
H.R. 3852: Mr. Fox and Mr. Cunningham.
H.R. 3860: Mr. Nadler and Mr. Fattah.
H.R. 3938: Mr. Dornan, Mrs. Meek of Florida, Mr. Conyers,
and Mr. Manton.
H.R. 3988: Mr. Largent.
H.R. 3991: Mr. Hilliard, Mr. Frost, Mr. Brown of Ohio, Mr.
Rangel, and Ms. Rivers.
H.R. 4006: Mr. Funderburk and Mr. Ewing.
H.R. 4027: Mr. Smith of New Jersey and Mr. Quinn.
H.R. 4031: Mr. Calvert, Mr. Porter, Mr. Campbell, Mr.
Cunningham, Mr. Bilbray, Ms. Dunn of Washington, Mr. Bono,
Mr. Packard, Mr. McKeon, Mr. Ramstad, Mr. Dreier, and Mr.
Ehrlich.
H.R. 4066: Mr. Dreier.
H.R. 4071: Mr. Peterson of Minnesota, Ms. Lofgren, Mrs.
Maloney, Mr. Evans, Mr. Frost, and Mr. Ensign.
H.R. 4072: Mr. Traficant, Mr. Ehlers, Mr. McIntosh, Ms.
Dunn of Washington, Mrs. Chenoweth, Mr. McHugh, Mr.
Hostettler, Mr. Radanovich, and Mr. Combest.
H.R. 4081: Mr. Bonior, Mr. Peterson of Minnesota, and Mr.
Lipinski.
H.R. 4102: Mr. Pomeroy.
H.R. 4126: Mr. Bono.
H.R. 4133: Mr. Cummings, Mr. Clinger, Mr. Coleman, Mr.
Olver, Mr. Jefferson, Mr. Brown of Ohio, Mr. Frank of
Massachusetts, Mr. Portman, Mr. Clay, Mr. Barrett of
Wisconsin, Mr. Cramer, Mrs. Collins of Illinois, Mr. Sawyer,
Mr. Owens, and Ms. Kaptur.
H.R. 4137: Mr. Martini, Mr. Castle, Mr. Goodlatte, and Mr.
Weldon of Florida.
H.R. 4145: Mr. Waxman.
H.R. 4148: Mr. Manton, Mr. Watt of North Carolina, Mr.
Volkmer, and Ms. DeLauro.
H.R. 4159: Mr. Crane.
H. Con. Res. 76: Mr. Minge.
H. Con. Res. 128: Mr. Brown of California, Mr. Rangel, and
Mr. Jackson.
H. Con. Res. 136: Ms. Norton, Mr. Ackerman, and Mr.
Bilbray.
H. Con. Res. 213: Mr. Gilman.
H. Con. Res. 215: Mr. LoBiondo, Mr. Filner, Mr. Bateman,
and Mr. Evans.
H. Res. 30: Mr. Hastings of Washington, Mr. Crapo, and Mr.
Sawyer.
H. Res. 346: Mr. Hayworth.
H. Res. 478: Ms. Harman.
H. Res. 501: Mrs. Meek of Florida.
para.114.54 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 3559: Mr. Traficant, Mr. Ehlers, Mr. McIntosh, Ms.
Dunn of Washington, Mrs. Chenoweth, and Mr. McHugh.
.
WEDNESDAY, SEPTEMBER 26, 1996 (115)
para.115.1 designation of speaker pro tempore
The House was called to order at 10 o'clock a.m. by the SPEAKER pro
tempore, Mr. GOODLATTE, who laid before the House the following
communication:
Washington, DC,
September 26, 1996.
I hereby designate the Honorable Bob Goodlatte to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.115.2 approval of the journal
The SPEAKER pro tempore, Mr. GOODLATTE, announced he had examined and
approved the Journal of the proceedings of Wednesday, September 25,
1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.115.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks, an
[[Page 2328]]
nounced that the Senate had passed without amendment bills and a
concurrent resolution of the House of the following titles:
H.R. 2366. An Act to repeal an unnecessary medical device
reporting requirement;
H.R. 2508. An Act to amend the Federal Food, Drug, and
Cosmetic Act to provide for improvements in the process of
approving and using animal drugs, and for other purposes;
H.R. 2594. An Act to amend the Railroad Unemployment
Insurance Act to reduce the waiting period for benefits
payable under that Act, and for other purposes;
H.R. 2685. An Act to repeal the Medicare and Medicaid
Coverage Data Bank.
H.R. 3056. An Act to permit a county-operated health
insuring organization to qualify as an organization exempt
from certain requirements otherwise applicable to health
insuring organizations under the Medicaid program
notwithstanding that the organization enrolls Medicaid
beneficiaries residing in another country; and
H. Con. Res. 132. Concurrent resolution relating to the
trial of Martin Pang for arson and felony murder.
The message also announced that the Senate agrees to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendment of the Senate to the bill (H.R. 3259) ``An Act to
authorize appropriations for fiscal year 1997 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.''.
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 773. An Act to amend the Federal Food, Drug, and
Cosmetic Act to provide for improvements in the process of
approving and using animal drugs, and for other purposes; and
S. 1311. An Act to establish a National Physical Fitness
and Sports Foundation to carry out activities to support and
supplement the mission of the President's Council on Physical
Fitness and Sports, and for other purposes.
para.115.4 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5332. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Regulations Issued Under the Export Apple and Pear Act;
Relaxation of Grade Requirements for Apples and Pears Shipped
to Pacific Ports of Russia [Docket No. FV-96-33-1 IFR]
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5333. A communication from the President of the United
States, transmitting supplemental requests to make available
appropriations totaling $291,000,000 in budget authority to
the Departments of Agriculture, Commerce, Housing and Urban
Development, and Transportation as well as the Small Business
Administration and the Army Corps of engineers to assist the
victims of Hurricanes Fran and Hortense and to designate the
amounts made available as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, pursuant
to 31 U.S.C. 1107 (H. Doc. No. 104-269); to the Committee on
Appropriations and ordered to be printed.
5334. A letter from the Chairmen of the Securities and
Exchange Commission and of the Board of Governors of the
Federal Reserve System, transmitting the report to the
Congress on the markets for small business and commercial
mortgage related securities, pursuant to Public Law 103-325,
section 209; to the Committee on Banking and Financial
Services.
5335. A letter from the Assistant Secretary, Department of
Education, transmitting the Department's final rule--Higher
Education Programs in Modern Foreign Language Training and
Area Studies--Foreign Language and Area Studies Fellowships
Program (RIN: 1840-AC28) received September 25, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
5336. A letter from the Managing Director, Federal
Communications Commission, transmitting the Commission's
final rule--Implementation of the Pay Telephone
Reclassification and Compensation Provisions of the
Telecommunications Act of 1996 [CC Docket No. 96-128]
received September 25, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5337. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for Presidential determination regarding the
drawdown of defense articles and services for Eritrea,
Ethiopia, and Uganda, pursuant to 22 U.S.C. 2318(a)(1); to
the Committee on International Relations.
5338. A letter from the Assistant Secretary for Export
Administration, Department of Commerce, transmitting the
Department's final rule--Licensing of Commercial
Communications Satellites Transferred from the U.S. Munitions
List to the Commerce Control List; Expansion of National
Security and Foreign Policy Controls on Commercial
Communications Satellites and Hot Section Technology for the
Development, Production or Overhaul of Commercial Aircraft
Engines; Clarification of Jurisdiction for Development
Aircraft Designed for Civil Use (RIN: 0694-AB09) received
September 24, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on International Relations.
5339. A letter from the Secretary of the Interior,
transmitting the annual report entitled ``Outer Continental
Shelf Lease Sales'' for fiscal year 1995, pursuant to 43
U.S.C. 1337(a)(9); to the Committee on Resources.
5340. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish in the Western Regulatory
Area [Docket No. 960129018-6018-01; I.D. 091996B] received
September 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5341. A letter from the Acting Deputy Assistant
Administrator, National Marine Fisheries Service transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Allow Longline Pot Gear (RIN: 0648-AI96)
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5342. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Performance-oriented Packaging Standards; Final Transitional
Provisions [Docket No. HM-181H; Amdt. Nos. 171-147, 172-150,
173-255, 178-117] (RIN: 2137-AC80) received September 26,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5343. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Transportation of Hazardous Materials By Rail; Miscellaneous
Amendments; Response to Petitions for Reconsideration [Docket
No. HM-216; Amdt. Nos. 172-148, 173-252, 174-83, 179-52]
(RIN: 2137-AC66) received September 26, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5344. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Exemption, Approval, Registration and Reporting Procedures;
Miscellaneous Provisions [Docket No. HM-207C; Amdt. No. 173-
249] (RIN: 2137-AC63) received September 26, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
5345. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Periodic Inspection and Testing of Cylinders; Response to
Petitions for Reconsideration, Clarification and Editorial
Correction [Docket No. HM-220A; Amdt. Nos. 172-150 and 173-
258] (RIN: 2137-AC59) received September 26, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation
and Infrastructure.
5346. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Standard Instrument Approach Procedures; Miscellaneous
Amendments (Federal Aviation Administration) [Docket No.
28692; Amdt. No. 1753] (RIN: 2120-AA65) received September
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
5347. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Hazardous Materials Regulations; Editorial Corrections and
Clarifications (RIN: 2137-AC93) received September 26, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5348. A letter from the Secretary of Energy, transmitting
the 19th annual report on activities under the Electric and
Hybrid Vehicle Research, Development, and Demonstration Act
of 1976, pursuant to 15 U.S.C. 2513; to the Committee on
Science.
5349. A letter from the Chairman, Interagency Coordinating
Committee on Oil Pollution Research, transmitting the
biennial report of the Coordinating Committee on Oil
Pollution, pursuant to Public Law 101-380, section 7001(e)
(104 Stat. 564); to the Committee on Science.
5350. A letter from the National Director, Tax Forms and
Publications Division, Internal Revenue Service, transmitting
the Service's final rule--Tax Forms and Instructions (Revenue
Proc. 96-48) received September 25, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5351. A letter from the Administrator, Environmental
Protection Agency, transmitting a report on the Agency's
implementation of the Waste Isolation Pilot Plant [WIPP] Land
Withdrawal Act, pursuant to Public Law 102-579, section
23(a)(2); jointly, to the Committee on Commerce and National
Security.
5352. A letter from the Comptroller General of the United
States, transmitting the financial statements of the
Congressional Award Foundation for the fiscal years ended
September 30, 1995 and 1994 [GAO/AIMD-96-147], pursuant to 2
U.S.C. 802(e); jointly, to the Committee on Government Reform
and Oversight and Economic and Educational Opportunities.
5353. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation entitled ``Environmental Crimes and Enforcement
Act of 1996''; jointly, to the Committees on
[[Page 2329]]
the Judiciary, Resources, Transportation and Infrastructure,
Agriculture, and Commerce.
para.115.5 point of order
Mr. POMEROY, during one minute speeches addressed the House and,
during the course of his remarks,
Mr. HOKE made a point of order, and said:
``Mr. Speaker, I make the point of order that discussion of the House
Ethics Committee's proceedings on the floor of the House is not in order
in the House. Is that correct?''.
The SPEAKER pro tempore, Mr. GOODLATTE, sustained the point of order,
and said:
``The Chair sustains the gentleman's point of order. The gentleman
from North Dakota [Mr. Pomeroy] may proceed in order.''.
para.115.6 point of order
Mr. HOKE made a further point of order, and said:
``Mr. Speaker, I make a further point of order that the House rules
provide that buttons may not be worn at the time that speeches are made
on the floor of the House.''.
The SPEAKER pro tempore, Mr. GOODLATTE, sustained the point of order,
and said:
``The Chair sustains the point of order. The gentleman should remove
the button.''.
para.115.7 cold war
Mr. DORNAN, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following concurrent resolution (H. Con. Res.
180); as amended:
Whereas during the period of the Cold War, from the end of
World War II until the collapse of the Soviet Union in 1991,
the United States and the Soviet Union engaged in a global
military rivalry;
Whereas this rivalry, potentially the most dangerous
military confrontation in the history of mankind, has come to
a close without a direct superpower military conflict;
Whereas military and civilian personnel of the Department
of Defense, personnel in the intelligence community, members
of the foreign service, and other officers and employees of
the United States faithfully performed their duties during
the Cold War;
Whereas many such personnel performed their duties while
isolated from family and friends and served overseas under
frequently arduous conditions in order to protect the United
States and achieve a lasting peace; and
Whereas the discipline and dedication of those personnel
were fundamental to the prevention of a superpower military
conflict: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring, That Congress hereby commends, and expresses its
gratitude and appreciation for, the service and sacrifices of
the members of the Armed Forces and civilian personnel of the
Government who contributed to the historic victory in the
Cold War.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. DORNAN and Mr.
PICKETT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution commending the members of the Armed Forces and
civilian personnel of the Government who served the United States
faithfully during the Cold War.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.115.8 russian forces in moldova
Mr. GILMAN, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following concurrent resolution (H. Con. Res.
145):
Whereas the United States Government has recognized and
continues to emphasize its commitment to the independence and
territorial integrity of the sovereign nation of Moldova;
Whereas units of the former Soviet 14th Army of the Russian
Federation continue to be deployed on the territory of the
sovereign nation of Moldova against the wishes of the
government and the majority of the people of Moldova;
Whereas the Prime Minister of Russia and the Prime Minister
of Moldova signed an agreement on October 21, 1994, according
to which Russia would withdraw its military forces from
Moldova within three years;
Whereas in the period since the agreement was signed, there
have been negligible force reductions of the Russian Army in
Moldova;
Whereas the Organization on Security and Cooperation in
Europe has been engaged in efforts to resolve differences
between the Government of Moldova and the authorities of the
Transdniestria region where the Russian Army continues to be
deployed, and the Government of Ukraine has offered to use
its good offices to assist in these efforts; and
Whereas the Parliamentary Assembly of the Organization on
Security and Cooperation in Europe has passed a resolution
calling for the ``most rapid, continuing, unconditional, and
full withdrawal'' of the 14th Army of the Russian Federation:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) calls upon the Government of the Russian Federation to
adhere to the provisions of the troop withdrawal agreement
signed on October 21, 1994;
(2) welcomes recent statements by the Administration
supporting Moldova's territorial integrity, and urges the
Secretary of State to use every appropriate opportunity and
means, including multilateral and bilateral diplomacy, to
secure removal of Russian military forces from Moldova in
accordance with the terms of the troop withdrawal agreement;
(3) urges all of Moldova's neighboring countries to
recognize the sovereignty and territorial integrity of
Moldova; and
(4) urges the Organization for Security and Cooperation in
Europe to continue its efforts in resolving differences
between the government of Moldova and the authorities of the
Transdniestria region, and welcomes the offer by the
Government of Ukraine to assist in these efforts.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. GILMAN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. SMITH of New Jersey demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. GOODLATTE, by unanimous consent and
pursuant to clause 5(b)(1) of rule I, announced that further proceedings
were postponed.
para.115.9 u.s. membership in south pacific
Mr. GILMAN, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following concurrent resolution (H. Con. Res.
189); as amended:
Whereas the United States and the South Pacific region
enjoy a close and historic partnership built on a strong
foundation of shared values and an unshakable commitment to
democracy, development, and human rights;
Whereas the Pacific Island Nations and Governments,
together with New Zealand and Australia, share many of the
global objectives of the United States, including the
nonproliferation of nuclear weapons, the protection of unique
ecosystems, and sustainable economic development consistent
with good resource management practices;
Whereas the United States, through support of the East-West
Center in Hawaii, has facilitated establishment of the
Pacific Islands Conference, wherein the heads of Pacific
Island governments have met triennially to target critical
research in furtherance of the region's trade, environment,
and development; and
Whereas the United States is a member of the regional
economic and social development body, the South Pacific
Commission, participates in and plans to become a party to
the regional environment body, the South Pacific Regional
Environment Program, as well as being a dialogue partner for
the regional political body, the South Pacific Forum: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress--
(1) recognizes the traditional and close ties between the
United States and the South Pacific region and reaffirms the
value of these ties;
(2)(A) notes the need to continue to support the efforts of
the nations and governments of the region to enhance the
sustainable development of the more fragile island economies
and their integration into the regional economy, while
helping to ensure the protection of the unique ecosystems of
the region; and
[[Page 2330]]
(B) recognizes the efforts of the East-West Center and
Pacific Islands Conference in furtherance of the efforts
described in subparagraph (A);
(3) commands the South Pacific Commission for the process
of managerial and organizational reform currently being
undertaken, and recognizes the important role the United
States financial contribution to, and participation in, the
organization makes in assisting it to realize the gradual
economic self-sufficiency to all members of the organization;
and
(4) reaffirms the commitment of the United States as a
member of the South Pacific Commission and a participant in
the South Pacific Regional Environment Programme, and a
member of the post-Forum dialogue partnership of the United
States with the South Pacific Forum.
The SPEAKER pro tempore, Mr. GOODLATTE, recognized Mr. GILMAN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. GOODLATTE, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. FALEOMAVAEGA demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. GOODLATTE, by unanimous consent and
pursuant to clause 5(b)(1) of rule I, announced that further proceedings
were postponed.
para.115.10 h.r.3852--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 3852) to prevent the illegal manufacturing and
use of methamphetamines; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
386
<3-line {>
affirmative
Nays
34
para.115.11 [Roll No. 434]
YEAS--386
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torricelli
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Yates
Young (AK)
Zeliff
Zimmer
NAYS--34
Becerra
Clay
Clyburn
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Dellums
Fattah
Fields (LA)
Foglietta
Ford
Gonzalez
Hastings (FL)
Jackson (IL)
Jefferson
Johnston
Lewis (GA)
Meek
Millender-McDonald
Owens
Payne (NJ)
Rangel
Roybal-Allard
Rush
Scott
Stokes
Thompson
Torres
Velazquez
Waters
Watt (NC)
Wynn
NOT VOTING--13
Chapman
Clayton
Engel
Gibbons
Hayes
Heineman
Hilliard
Kennedy (RI)
McInnis
Peterson (FL)
Towns
Wilson
Young (FL)
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.12 h.r. 4137--unfinished business
The SPEAKER pro tempore, Mr. GOODLATTE, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4137) to combat drug-facilitated
crimes of violence, including sexual assaults.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
421
<3-line {>
affirmative
Nays
1
para.115.13 [Roll No. 435]
YEAS--421
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
[[Page 2331]]
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--1
Waters
NOT VOTING--11
Dickey
Engel
Gibbons
Hayes
Heineman
Hilliard
Kennedy (RI)
McInnis
Peterson (FL)
Towns
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.14 h.r. 3456--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3456) to provide for the nationwide
tracking of convicted sexual predators, and for other purposes; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
423
<3-line {>
affirmative
Nays
1
para.115.15 [Roll No. 436]
YEAS--423
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--1
Watt (NC)
[[Page 2332]]
NOT VOTING--9
Gibbons
Hayes
Heineman
Hilliard
McInnis
Peterson (FL)
Royce
Towns
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.16 h.r. 2092--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 2092) to expedite State reviews of
criminal records of applicants for private security officer employment,
and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
415
<3-line {>
affirmative
Nays
6
para.115.17 [Roll No. 437]
YEAS--415
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--6
Conyers
Cooley
Scarborough
Taylor (NC)
Waters
Williams
NOT VOTING--12
Cox
Gibbons
Hayes
Heineman
Johnson, Sam
McInnis
Meehan
Mollohan
Peterson (FL)
Rogers
Towns
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.18 h. res. 535--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the resolution (H. Res. 535) providing for the
concurrence of the House, with an amendment, in the amendments of the
Senate to the bill (H.R. 3166) to amend title 18, United States Code,
with respect to the crime of false statement in a Government matter.
The question being put,
Will the House suspend the rules and agree to said resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
424
<3-line {>
affirmative
Nays
0
para.115.19 [Roll No. 438]
YEAS--424
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
[[Page 2333]]
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--9
Gibbons
Hayes
Heineman
McInnis
Obey
Peterson (FL)
Torricelli
Towns
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.115.20 h.r. 3497--unfinished business
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3497) to expand the boundary of the
Snoqualmie National Forest, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
417
<3-line {>
affirmative
Nays
1
para.115.21 [Roll No. 439]
YEAS--417
Abercrombie
Ackerman
Allard
Andrews
Archer
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--1
Cooley
NOT VOTING--15
Armey
Beilenson
Gibbons
Hayes
Heineman
Hostettler
Hunter
Markey
McInnis
Millender-McDonald
Myers
Owens
Peterson (FL)
Towns
Wilson
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.22 federal law enforcement officials dependents assistance
On motion of Mr. McCOLLUM, by unanimous consent, the Committee on
[[Page 2334]]
the Judiciary was discharged from further consideration of the bill of
the Senate (S. 2101) to provide educational assistance to the dependents
of Federal law enforcement officials who are killed or disabled in the
performance of their duties.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.23 sexual predators tracking
On motion of Mr. McCOLLUM, by unanimous consent, the Committee on the
Judiciary was discharged from further consideration of the bill of the
Senate (S. 1675) to provide for the nationwide tracking of convicted
sexual predators, and for other purposes.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 3456, a similar House bill, was laid on the
table.
para.115.24 russian troops removal from kaliningrad
Mr. GILMAN, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following concurrent resolution (H. Con. Res.
51); as amended:
Whereas from 1945 to the early 1990's Kaliningrad was a
Russian military outpost consisting of as many as 200,000
Russian military personnel concentrated in an area of 15,000
square kilometers and Kaliningrad has suffered substantial
environmental damage as a result of this military presence;
Whereas since this time the number of Russian military
personnel in Kaliningrad has declined significantly, although
the number of such personnel in the region is still
substantial;
Whereas polls conducted by the Kaliningrad Sociological
Center have shown that over 60 percent of the Kaliningrad
public favors development of Kaliningrad as an economic
bridge between Europe and Russia;
Whereas establishment of Kaliningrad as a free economic
zone by the Russian Government in 1994 represents a positive
step toward Kaliningrad's integration into the Baltic and
European economies and toward giving Kaliningrad an
opportunity to flourish economically and to contribute
substantially to the well-being of the Baltic region; and
Whereas Russian economic analysts at the Russian Foreign
Policy Foundation have noted that militarization of
Kaliningrad ``corresponded neither to the needs of the
population of the region itself, nor to the necessities of
its economic development'': Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that--
(1) Lithuania, Latvia, and Estonia have the right to self-
determination which extends to the conduct of their foreign
policy regarding membership in the North Atlantic Treaty
Organization;
(2) development of the Kaliningrad region as a free trade
zone will help ensure the freedom and future prosperity and
stability of the Baltic region; and
(3) continued military reductions in and environmental
restoration of the Kaliningrad region will greatly facilitate
economic development and prosperity in Kaliningrad.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. GILMAN and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
agreed to.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution expressing the sense of the Congress concerning
economic development, environmental improvement, and stability in the
Baltic region.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was agreed to and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.115.25 tourism board
Mr. OXLEY, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 2579) to establish the National Tourism
Board and the National Tourism Organization to promote international
travel and tourism to the United States; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. OXLEY and Mr.
MANTON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.26 tensas wildlife refuge
Mr. SAXTON, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following amendments of the Senate to the bill
(H.R. 2660) to increase the amount authorized to be appropriated to the
Department of the Interior for the Tensas River National Wildlife
Refuge:
Page 2, after line 12 insert:
SEC. 2. BAYOU SAUVAGE URBAN NATIONAL WILDLIFE REFUGE.
(a) Refuge Expansion.--Section 502(b)(1) of the Emergency
Wetlands Resources Act of 1986 (Public Law 99-645; 100 Stat.
3590), is amended by inserting after the first sentence the
following: ``In addition, the Secretary may acquire, within
such period as may be necessary, an area of approximately
4,228 acres, consisting of approximately 3,928 acres located
north of Interstate 10 between Little Woods and Pointe-aux-
Herbes and approximately 300 acres south of Interstate 10
between the Maxent Canal and Michoud Boulevard that contains
the Big Oak Island archaeological site, as depicted on the
map entitled ``Bayou Sauvage Urban National Wildlife Refuge
Expansion'', dated August, 1996, on file with the United
States Fish and Wildlife Service.''.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk notify the Senate thereof.
para.115.27 wyoming fish conveyance
Mr. SAXTON, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 1802) to direct the Secretary
of the Interior to convey certain property containing a fish and
wildlife facility to the State of Wyoming, and for other purposes.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
[[Page 2335]]
para.115.28 prairie island indian community
Mr. SAXTON, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following amendment of the Senate to the bill
(H.R. 3068) to accept the request of the Prairie Island Indiana
Community to revoke their charter of incorporation issued under the
Indian Reorganization Act:
Strike out all after the enacting clause and insert:
SECTION 1. REVOCATION OF CHARTER OF INCORPORATION OF THE
PRAIRIE ISLAND INDIAN COMMUNITY UNDER THE
INDIAN REORGANIZATION ACT.
(a) Acceptance of Request To Revoke Charter.--The request
of the Prairie Island Indian Community to surrender the
charter of incorporation issued to that community on July 23,
1937, pursuant to section 17 of the Act of June 18, 1934,
commonly known as the ``Indian Reorganization Act'' (48 Stat.
988, chapter 576; 25 U.S.C. 477) is hereby accepted.
(b) Revocation of Chapter.--The charter of incorporation
referred to in subsection (a) is hereby revoked.
SEC. 2. AMENDMENT TO THE JICARILLA APACHE TRIBE WATER RIGHTS
SETTLEMENT ACT.
Section 8(e)(3) The Jicarilla Apache Tribe Water Rights
Settlement Act (106 Stat. 2241) is amended by striking
``December 31, 1996'' and inserting ``December 31, 1998''.
SEC. 3. AMENDMENT TO THE SAN CARLOS APACHE TRIBE WATER RIGHTS
SETTLEMENT ACT OF 1992.
Section 3711(b)(1) of the San Carlos Apache Tribe Water
Rights Settlement Act of 1992 (106 Stat. 4752) is amended by
striking ``December 31, 1996'' and inserting ``June 30,
1997''.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and MR.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was passed was, by unanimous consent, laid
on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.29 agua caliente
Mr. SAXTON, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3804) to remove the restriction on the
distribution of certain revenues from the Mineral Springs parcel to
certain members of the Agua Caliente Band of Cahuilla Indians; as
amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. SAXTON and Mr.
FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.30 alaska natives
Mr. YOUNG of Alaska, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill (H.R. 3973) to provide for a study
of the recommendations of the Joint Federal-State Commission on Policies
and Programs Affecting Alaska Natives; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. YOUNG of Alaska and
Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.31 helium recovery and disposal
Mr. YOUNG of Alaska, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill (H.R. 4168) to amend the Helium Act
to authorize the Secretary to enter into agreements with private parties
for the recovery and disposal of helium on Federal lands, and for other
purposes.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. YOUNG of Alaska and
Mr. RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.32 american land sovereignty protection
Mr. YOUNG of Alaska, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill (H.R. 3752) to preserve the
sovereignty of the United States over public lands and acquired lands
owned by the United States, and to preserve State sovereignty and
private property rights in non-Federal lands surrounding those public
lands and acquired lands; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. YOUNG of Alaska and
Mr. RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. RICHARDSON demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. EWING, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.115.33 alaska native claim settlement act amendments
Mr. YOUNG of Alaska, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill (H.R. 2505) to amend the Alaska
Native Claims Settlement Act to make certain clarifications to the land
bank protection provisions, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. YOUNG of Alaska and
Mr. RICHARDSON, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. EWING, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.34 congressional pension forfeiture
Mr. THOMAS, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4011) to amend title 5, United States
Code, to provide that if a Member of Congress is convicted of a felony,
such Member shall not be eligible for retirement ben
[[Page 2336]]
efits based on that individual's service as a Member, and for other
purposes; as amended.
The SPEAKER pro tempore, Mr. EWING, recognized Mr. THOMAS and Mr.
FAZIO, each for 20 minutes.
After debate,
para.115.35 point of order
Mr. BARRETT of Wisconsin, during debate addressed the House and,
during the course of his remarks,
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, the gentleman from Wisconsin [Mr. Barrett] is not
speaking to the legislation in front of us, and he knows it.''.
Mr. BARRETT of Wisconsin was recognized to speak to the point of
order, and said:
``I am tying this into the reforms that are going on in this body. The
previous speaker spoke to the many reforms that he thought were
necessary. I acknowledge that there are reforms that are necessary. I
also think that this is very consistent with those reforms and whether
we have reform in this body.''.
The SPEAKER pro tempore, Mr. GUTKNECHT, sustained the point of order,
and said:
``The gentleman from Wisconsin should confine his remarks to the
subjects contained with this bill. The Chair sustains the point of
order.''.
para.115.36 point of order
Mr. FAZIO made a point of order, and said:
``Mr. Speaker, a number of Members have spoken on the issue of reform,
as it has come before the body during this entire Congress. Speakers who
preceded the gentleman from Wisconsin [Mr.Barrett] have certainly
strayed from the subject of this bill. They have talked about a range of
legislation. To allow the gentleman from Wisconsin to proceed would only
be fair in light of what has happened in prior discussion of this
legislation.''.
The SPEAKER pro tempore, Mr. GUTKNECHT, responded to the point of
order, and said:
``Points of order were not made concerning the statements that were
made previously. A point of order was made at this particular point. * *
*
``Under the precedents, the Chair does not take the initiative
regarding relevancy of debate. The point of order was raised by the
gentleman from California [Mr. Thomas].''.
Mr. BARRETT of Wisconsin was recognized to speak to the point of
order, and said:
``Mr. Speaker, I think that this is very relevant because I think that
the issue here is whether Members who have been accused of committing
crimes or have been convicted of committing crimes can------ * * *.''.
The SPEAKER pro tempore, Mr. GUTKNECHT, responded, and said:
``The Chair has ruled. The gentleman from Wisconsin [Mr. Barrett] will
confine his remarks to subjects in this bill.''.
para.115.37 point of order
Mr. BARRETT of Wisconsin further addressed the House and during the
course of his remarks,
Mr. THOMAS made a point of order, and said:
``Mr. Speaker, the gentleman from Wisconsin well knows the Speaker
ruled that out of order, yet he continued to read. The comity of the
House is threatened by the gentleman from Wisconsin, yet he speaks of
potential crimes. And he does it by willfully violating the rules of the
House.''.
Mr. BARRETT of Wisconsin was recognized to speak to the point of
order, and said:
``Again, my whole point here is I think that this is a good bill. I
support this bill. In fact, I am a cosponsor of a similar version of
this bill. I think that we should pass this legislation.
``My point, in a generic sense, is that we as a body have to make sure
that we police ourselves as well. And to police ourselves as well means
that we have to disclose reports that we have paid for. Why would we
spend $500,000 on a report and not release it to the public? That is my
only point.''.
The SPEAKER pro tempore, Mr. GUTKNECHT, sustained the point of order,
and said:
``The point of order is sustained. The gentleman from Wisconsin will
confine his remarks to the bill before the House.''.
After further debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. RIGGS demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. GUTKNECHT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.115.38 submission of conference report--h.r. 3539
Mr. SHUSTER submitted a conference report (Rept. No. 104-848) on the
bill (H.R. 3539) to amend title 49, United States Code, to reauthorize
programs of the Federal Aviation Administration, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.115.39 national museum of american indians
Mr. THOMAS, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 1970) to amend the National
Museum of the American Indian Act to make improvements in the Act, and
for other purposes.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. THOMAS and Mr.
FAZIO, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.40 internet election information
Mr. THOMAS, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3700) to amend the Federal Election
Campaign Act of 1971 to permit interactive computer services to provide
their facilities free of charge to candidates for Federal offices for
the purpose of disseminating campaign information and enhancing public
debate; as amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. THOMAS and Mr.
FAZIO, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.41 water resources development
Mr. SHUSTER, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following conference report (Rept. No. 104-843):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
640), to provide for the conservation and development of
water and related resources, to authorize the Secretary of
the Army to construct various projects for improvements to
rivers and harbors of the United States, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1996''.
[[Page 2337]]
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small flood control projects.
Sec. 103. Small bank stabilization projects.
Sec. 104. Small navigation projects.
Sec. 105. Small shoreline protection projects.
Sec. 106. Small snagging and sediment removal project, Mississippi
River, Little Falls, Minnesota.
Sec. 107. Small projects for improvement of the environment.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cost sharing for dredged material disposal areas.
Sec. 202. Flood control policy.
Sec. 203. Cost sharing for feasibility studies.
Sec. 204. Restoration of environmental quality.
Sec. 205. Environmental dredging.
Sec. 206. Aquatic ecosystem restoration.
Sec. 207. Beneficial uses of dredged material.
Sec. 208. Recreation policy and user fees.
Sec. 209. Recovery of costs.
Sec. 210. Cost sharing for environmental projects.
Sec. 211. Construction of flood control projects by non-Federal
interests.
Sec. 212. Engineering and environmental innovations of national
significance.
Sec. 213. Lease authority.
Sec. 214. Collaborative research and development.
Sec. 215. National dam safety program.
Sec. 216. Hydroelectric power project uprating.
Sec. 217. Dredged material disposal facility partnerships.
Sec. 218. Obstruction removal requirement.
Sec. 219. Small project authorizations.
Sec. 220. Uneconomical cost-sharing requirements.
Sec. 221. Planning assistance to States.
Sec. 222. Corps of Engineers expenses.
Sec. 223. State and Federal agency review period.
Sec. 224. Section 215 reimbursement limitation per project.
Sec. 225. Melaleuca.
Sec. 226. Sediments decontamination technology.
Sec. 227. Shore protection.
Sec. 228. Conditions for project deau-
thorizations.
Sec. 229. Support of Army civil works program.
Sec. 230. Benefits to navigation.
Sec. 231. Loss of life prevention.
Sec. 232. Scenic and aesthetic considerations.
Sec. 233. Termination of technical advisory committee.
Sec. 234. Interagency and international support authority.
Sec. 235. Sense of Congress; requirement regarding notice.
Sec. 236. Technical corrections.
Sec. 237. Hopper dredges.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Project modifications.
Sec. 302. Mobile Harbor, Alabama.
Sec. 303. Nogales Wash and Tributaries, Arizona.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Channel Islands Harbor, California.
Sec. 306. Lake Elsinore, California.
Sec. 307. Los Angeles and Long Beach Harbors, San Pedro Bay,
California.
Sec. 308. Los Angeles County drainage area, California.
Sec. 309. Prado Dam, California.
Sec. 310. Queensway Bay, California.
Sec. 311. Seven Oaks Dam, California.
Sec. 312. Thames River, Connecticut.
Sec. 313. Canaveral Harbor, Florida.
Sec. 314. Captiva Island, Florida.
Sec. 315. Central and Southern Florida, Canal 51.
Sec. 316. Central and Southern Florida, Canal 111.
Sec. 317. Jacksonville Harbor (Mill Cove), Florida.
Sec. 318. Panama City Beaches, Florida.
Sec. 319. Chicago, Illinois.
Sec. 320. Chicago Lock and Thomas J. O'Brien Lock, Illinois.
Sec. 321. Kaskaskia River, Illinois.
Sec. 322. Locks and Dam 26, Alton, Illinois and Missouri.
Sec. 323. White River, Indiana.
Sec. 324. Baptiste Collette Bayou, Louisiana.
Sec. 325. Lake Pontchartrain, Louisiana.
Sec. 326. Mississippi River-Gulf Outlet, Louisiana.
Sec. 327. Tolchester Channel, Maryland.
Sec. 328. Cross Village Harbor, Michigan.
Sec. 329. Saginaw River, Michigan.
Sec. 330. Sault Sainte Marie, Chippewa County, Michigan.
Sec. 331. St. Johns Bayou and New Madrid Floodway, Missouri.
Sec. 332. Lost Creek, Columbus, Nebraska.
Sec. 333. Passaic River, New Jersey.
Sec. 334. Acequias irrigation system, New Mexico.
Sec. 335. Jones Inlet, New York.
Sec. 336. Buford Trenton Irrigation District, North Dakota.
Sec. 337. Reno Beach-Howards Farm, Ohio.
Sec. 338. Broken Bow Lake, Red River Basin, Oklahoma.
Sec. 339. Wister Lake project, Leflore County, Oklahoma.
Sec. 340. Bonneville Lock and Dam, Columbia River, Oregon and
Washington.
Sec. 341. Columbia River dredging, Oregon and Washington.
Sec. 342. Lackawanna River at Scranton, Pennsylvania.
Sec. 343. Mussers Dam, Middle Creek, Snyder County, Pennsylvania.
Sec. 344. Schuylkill River, Pennsylvania.
Sec. 345. South Central Pennsylvania.
Sec. 346. Wyoming Valley, Pennsylvania.
Sec. 347. Allendale Dam, North Providence, Rhode Island.
Sec. 348. Narragansett, Rhode Island.
Sec. 349. Clouter Creek disposal area, Charleston, South Carolina.
Sec. 350. Buffalo Bayou, Texas.
Sec. 351. Dallas floodway extension, Dallas, Texas.
Sec. 352. Grundy, Virginia.
Sec. 353. Haysi Lake, Virginia.
Sec. 354. Rudee Inlet, Virginia Beach, Virginia.
Sec. 355. Virginia Beach, Virginia.
Sec. 356. East Waterway, Washington.
Sec. 357. Bluestone Lake, West Virginia.
Sec. 358. Moorefield, West Virginia.
Sec. 359. Southern West Virginia.
Sec. 360. West Virginia trailhead facilities.
Sec. 361. Kickapoo River, Wisconsin.
Sec. 362. Teton County, Wyoming.
Sec. 363. Project reauthorizations.
Sec. 364. Project deauthorizations.
Sec. 365. Mississippi Delta Region, Louisiana.
Sec. 366. Monongahela River, Pennsylvania.
TITLE IV--STUDIES
Sec. 401. Corps capability study, Alaska.
Sec. 402. Red River, Arkansas.
Sec. 403. McDowell Mountain, Arizona.
Sec. 404. Nogales Wash and tributaries, Arizona.
Sec. 405. Garden Grove, California.
Sec. 406. Mugu Lagoon, California.
Sec. 407. Murrieta Creek, Riverside County, California.
Sec. 408. Pine Flat Dam fish and wildlife habitat restoration,
California.
Sec. 409. Santa Ynez, California.
Sec. 410. Southern California infrastructure.
Sec. 411. Stockton, California.
Sec. 412. Yolo Bypass, Sacramento-San Joaquin Delta, California.
Sec. 413. West Dade, Florida.
Sec. 414. Savannah River Basin comprehensive water resources study.
Sec. 415. Chain of Rocks Canal, Illinois.
Sec. 416. Quincy, Illinois.
Sec. 417. Springfield, Illinois.
Sec. 418. Beauty Creek watershed, Valparaiso City, Porter County,
Indiana.
Sec. 419. Grand Calumet River, Hammond, Indiana.
Sec. 420. Indiana Harbor Canal, East Chicago, Lake County, Indiana.
Sec. 421. Koontz Lake, Indiana.
Sec. 422. Little Calumet River, Indiana.
Sec. 423. Tippecanoe River watershed, Indiana.
Sec. 424. Calcasieu River, Hackberry, Louisiana.
Sec. 425. Morganza, Louisiana, to Gulf of Mexico.
Sec. 426. Huron River, Michigan.
Sec. 427. City of North Las Vegas, Clark County, Nevada.
Sec. 428. Lower Las Vegas Wash wetlands, Clark County, Nevada.
Sec. 429. Northern Nevada.
Sec. 430. Saco River, New Hampshire.
Sec. 431. Buffalo River greenway, New York.
Sec. 432. Coeymans, New York.
Sec. 433. New York Bight and Harbor study.
Sec. 434. Port of Newburgh, New York.
Sec. 435. Port of New York-New Jersey navigation study.
Sec. 436. Shinnecock Inlet, New York.
Sec. 437. Chagrin River, Ohio.
Sec. 438. Cuyahoga River, Ohio.
Sec. 439. Columbia Slough, Oregon.
Sec. 440. Charleston, South Carolina.
Sec. 441. Oahe Dam to Lake Sharpe, South Dakota.
Sec. 442. Mustang Island, Corpus Christi, Texas.
Sec. 443. Prince William County, Virginia.
Sec. 444. Pacific Region.
Sec. 445. Financing of infrastructure needs of small and medium ports.
Sec. 446. Evaluation of beach material.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Land conveyances.
Sec. 502. Namings.
Sec. 503. Watershed management, restoration, and development.
Sec. 504. Environmental infrastructure.
Sec. 505. Corps capability to conserve fish and wildlife.
Sec. 506. Periodic beach nourishment.
Sec. 507. Design and construction assistance.
Sec. 508. Lakes program.
Sec. 509. Maintenance of navigation channels.
Sec. 510. Chesapeake Bay environmental restoration and protection
program.
Sec. 511. Research and development program to improve salmon survival.
Sec. 512. Columbia River Treaty fishing access.
Sec. 513. Great Lakes confined disposal facilities.
Sec. 514. Great Lakes dredged material testing and evaluation manual.
Sec. 515. Great Lakes remedial action plans and sediment remediation.
Sec. 516. Sediment management.
Sec. 517. Extension of jurisdiction of Mississippi River Commission.
Sec. 518. Sense of Congress regarding St. Lawrence Seaway tolls.
[[Page 2338]]
Sec. 519. Recreation partnership initiative.
Sec. 520. Field office headquarters facilities.
Sec. 521. Earthquake Preparedness Center of Expertise expansion.
Sec. 522. Jackson County, Alabama.
Sec. 523. Benton and Washington Counties, Arkansas.
Sec. 524. Heber Springs, Arkansas.
Sec. 525. Morgan Point, Arkansas.
Sec. 526. Calaveras County, California.
Sec. 527. Faulkner Island, Connecticut.
Sec. 528. Everglades and South Florida ecosystem restoration.
Sec. 529. Tampa, Florida.
Sec. 530. Watershed management plan for Deep River Basin, Indiana.
Sec. 531. Southern and Eastern Kentucky.
Sec. 532. Coastal wetlands restoration projects, Louisiana.
Sec. 533. Southeast Louisiana.
Sec. 534. Assateague Island, Maryland and Virginia.
Sec. 535. Cumberland, Maryland.
Sec. 536. William Jennings Randolph Access Road, Garrett County,
Maryland.
Sec. 537. Poplar Island, Maryland.
Sec. 538. Erosion control measures, Smith Island, Maryland.
Sec. 539. Restoration projects for Maryland, Pennsylvania, and West
Virginia.
Sec. 540. Control of aquatic plants, Michigan, Pennsylvania, and
Virginia and North Carolina.
Sec. 541. Duluth, Minnesota, alternative technology project.
Sec. 542. Lake Superior Center, Minnesota.
Sec. 543. Redwood River basin, Minnesota.
Sec. 544. Coldwater River Watershed, Mississippi.
Sec. 545. Natchez Bluffs, Mississippi.
Sec. 546. Sardis Lake, Mississippi.
Sec. 547. St. Charles County, Missouri, flood protection.
Sec. 548. St. Louis, Missouri.
Sec. 549. Libby Dam, Montana.
Sec. 550. Hackensack Meadowlands area, New Jersey.
Sec. 551. Hudson River habitat restoration, New York.
Sec. 552. New York City Watershed.
Sec. 553. New York State Canal System.
Sec. 554. Orchard Beach, Bronx, New York.
Sec. 555. Dredged material containment facility for Port of New York-
New Jersey.
Sec. 556. Queens County, New York.
Sec. 557. Jamestown Dam and Pipestem Dam, North Dakota.
Sec. 558. Northeastern Ohio.
Sec. 559. Ohio River Greenway.
Sec. 560. Grand Lake, Oklahoma.
Sec. 561. Broad Top region of Pennsylvania.
Sec. 562. Curwensville Lake, Pennsylvania.
Sec. 563. Hopper dredge McFarland.
Sec. 564. Philadelphia, Pennsylvania.
Sec. 565. Seven Points Visitors Center, Raystown Lake, Pennsylvania.
Sec. 566. Southeastern Pennsylvania.
Sec. 567. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 568. Wills Creek, Hyndman, Pennsylvania.
Sec. 569. Blackstone River Valley, Rhode Island and Massachusetts.
Sec. 570. Dredged material containment facility for Port of Providence,
Rhode Island.
Sec. 571. Quonset Point-Davisville, Rhode Island.
Sec. 572. East Ridge, Tennessee.
Sec. 573. Murfreesboro, Tennessee.
Sec. 574. Tennessee River, Hamilton County, Tennessee.
Sec. 575. Harris County, Texas.
Sec. 576. Neabsco Creek, Virginia.
Sec. 577. Tangier Island, Virginia.
Sec. 578. Pierce County, Washington.
Sec. 579. Greenbrier River Basin, West Virginia, flood protection.
Sec. 580. Lower Mud River, Milton, West Virginia.
Sec. 581. West Virginia and Pennsylvania flood control.
Sec. 582. Site designation.
Sec. 583. Long Island Sound.
Sec. 584. Water monitoring station.
Sec. 585. Overflow management facility.
Sec. 586. Privatization of infrastructure assets.
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
Sec. 601. Extension of expenditure authority under Harbor Maintenance
Trust Fund.
SEC. 2. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--Except as provided in
this subsection, the following projects for water resources
development and conservation and other purposes are
authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the respective reports designated in this
subsection:
(1) American river watershed, california.--
(A) In general.--The project for flood damage reduction,
American and Sacramento Rivers, California: Report of the
Chief of Engineers, dated June 27, 1996, at a total cost of
$56,900,000, with an estimated Federal cost of $42,675,000
and an estimated non-Federal cost of $14,225,000, consisting
of--
(i) approximately 24 miles of slurry wall in the levees
along the lower American River;
(ii) approximately 12 miles of levee modifications along
the east bank of the Sacramento River downstream from the
Natomas Cross Canal;
(iii) 3 telemeter streamflow gauges upstream from the
Folsom Reservoir; and
(iv) modifications to the flood warning system along the
lower American River.
(B) Credit toward non-federal share.--The non-Federal
interest shall receive credit toward the non-Federal share of
project costs for expenses that the non-Federal interest
incurs for design or construction of any of the features
authorized under this paragraph before the date on which
Federal funds are made available for construction of the
project. The amount of the credit shall be determined by the
Secretary.
(C) Interim operation.--Until such time as a comprehensive
flood damage reduction plan for the American River watershed
has been implemented, the Secretary of the Interior shall
continue to operate the Folsom Dam and Reservoir to the
variable 400,000/670,000 acre-feet of flood control storage
capacity and shall extend the agreement between the Bureau of
Reclamation and the Sacramento Area Flood Control Agency with
respect to the watershed.
(D) Other costs.--The non-Federal interest shall be
responsible for--
(i) all operation, maintenance, repair, replacement, and
rehabilitation costs associated with the improvements carried
out under this paragraph; and
(ii) 25 percent of the costs incurred for the variable
flood control operation of the Folsom Dam and Reservoir
during the 4-year period beginning on the date of the
enactment of this Act and 100 percent of such costs
thereafter.
(2) Humboldt harbor and bay, california.--The project for
navigation, Humboldt Harbor and Bay, California: Report of
the Chief of Engineers, dated October 30, 1995, at a total
cost of $15,180,000, with an estimated Federal cost of
$10,000,000 and an estimated non-Federal cost of $5,180,000.
(3) Marin county shoreline, san rafael, california.--The
project for hurricane and storm damage reduction, Marin
County shoreline, San Rafael, California: Report of the Chief
of Engineers, dated January 28, 1994, at a total cost of
$28,300,000, with an estimated Federal cost of $18,400,000
and an estimated non-Federal cost of $9,900,000.
(4) Port of long beach (deepening), california.--The
project for navigation, Port of Long Beach (Deepening),
California: Report of the Chief of Engineers, dated July 26,
1996, at a total cost of $37,288,000, with an estimated
Federal cost of $14,318,000 and an estimated non-Federal cost
of $22,970,000.
(5) San lorenzo river, california.--The project for flood
control, San Lorenzo River, California: Report of the Chief
of Engineers, dated June 30, 1994, at a total cost of
$21,800,000, with an estimated Federal cost of $10,900,000
and an estimated non-Federal cost of $10,900,000 and habitat
restoration, at a total cost of $4,050,000, with an estimated
Federal cost of $3,040,000 and an estimated non-Federal cost
of $1,010,000.
(6) Santa barbara harbor, california.--The project for
navigation, Santa Barbara Harbor, California: Report of the
Chief of Engineers, dated April 26, 1994, at a total cost of
$5,840,000, with an estimated Federal cost of $4,670,000 and
an estimated non-Federal cost of $1,170,000.
(7) Santa monica breakwater, california.--The project for
hurricane and storm damage reduction, Santa Monica
Breakwater, Santa Monica, California: Report of the Chief of
Engineers, dated June 7, 1996, at a total cost of $6,440,000,
with an estimated Federal cost of $4,220,000 and an estimated
non-Federal cost of $2,220,000.
(8) Anacostia river and tributaries, district of columbia
and maryland.--The project for environmental restoration,
Anacostia River and Tributaries, District of Columbia and
Maryland: Report of the Chief of Engineers, dated November
15, 1994, at a total cost of $17,144,000, with an estimated
Federal cost of $12,858,000 and an estimated non-Federal cost
of $4,286,000.
(9) Atlantic intracoastal waterway, st. johns county,
florida.--The project for navigation, Atlantic Intracoastal
Waterway, St. Johns County, Florida: Report of the Chief of
Engineers, dated June 24, 1994, at a total Federal cost of
$15,881,000. Operation, maintenance, repair, replacement, and
rehabilitation shall be a non-Federal responsibility, and the
non-Federal interest shall assume ownership of the bridge.
(10) Cedar hammock (wares creek), florida.--The project for
flood control, Cedar Hammock (Wares Creek), Manatee County,
Florida: Report of the Chief of Engineers, dated August 23,
1996, at a total cost of $13,846,000, with an estimated
Federal cost of $10,385,000 and an estimated non-Federal cost
of $3,461,000.
(11) Lower savannah river basin, georgia and south
carolina.--The project for environmental restoration, Lower
Savannah River Basin, Georgia and South Carolina: Report of
the Chief of Engineers dated, July 30, 1996, at a total cost
of $3,431,000, with an estimated Federal cost of $2,573,000
and an estimated non-Federal cost of $858,000.
(12) Lake michigan, illinois.--The project for storm damage
reduction and shoreline erosion protection, Lake Michigan,
Illinois, from Wilmette, Illinois, to the Illinois-Indiana
State line: Report of the Chief of Engineers, dated April 14,
1994, at a total cost of $204,000,000, with an estimated
Federal cost of $110,000,000 and an estimated non-Federal
cost of $94,000,000. The project shall include
[[Page 2339]]
the breakwater near the South Water Filtration Plant
described in the report as a separate element of the project,
at a total cost of $11,470,000, with an estimated Federal
cost of $7,460,000 and an estimated non-Federal cost of
$4,010,000. The Secretary shall reimburse the non-Federal
interest for the Federal share of any costs incurred by the
non-Federal interest--
(A) in reconstructing the revetment structures protecting
Solidarity Drive in Chicago, Illinois, if such work is
determined by the Secretary to be a component of the project;
and
(B) in constructing the breakwater near the South Water
Filtration Plant in Chicago, Illinois.
(13) Kentucky lock and dam, tennessee river, kentucky.--The
project for navigation, Kentucky Lock and Dam, Tennessee
River, Kentucky: Report of the Chief of Engineers, dated June
1, 1992, at a total cost of $393,200,000. The costs of
construction of the project are to be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust
Fund.
(14) Pond creek, jefferson county, kentucky.--The project
for flood control, Pond Creek, Jefferson County, Kentucky:
Report of the Chief of Engineers, dated June 28, 1994, at a
total cost of $16,080,000, with an estimated Federal cost of
$10,993,000 and an estimated non-Federal cost of $5,087,000.
(15) Wolf creek dam and lake cumberland, kentucky.--The
project for hydropower, Wolf Creek Dam and Lake Cumberland,
Kentucky: Report of the Chief of Engineers, dated June 28,
1994, at a total cost of $53,763,000, with an estimated non-
Federal cost of $53,763,000. Funds derived by the Tennessee
Valley Authority from its power program and funds derived
from any private or public entity designated by the
Southeastern Power Administration may be used to pay all or
part of the costs of the project.
(16) Port fourchon, lafourche parish, louisiana.--The
project for navigation, Belle Pass and Bayou Lafourche,
Louisiana: Report of the Chief of Engineers, dated April 7,
1995, at a total cost of $4,440,000, with an estimated
Federal cost of $2,300,000 and an estimated non-Federal cost
of $2,140,000.
(17) West bank of the mississippi river, new orleans (east
of harvey canal), louisiana.--The project for hurricane
damage reduction, West Bank of the Mississippi River in the
vicinity of New Orleans (East of Harvey Canal), Louisiana:
Report of the Chief of Engineers, dated May 1, 1995, at a
total cost of $126,000,000, with an estimated Federal cost of
$82,200,000 and an estimated non-Federal cost of $43,800,000.
(18) Blue river basin, kansas city, missouri.--The project
for flood control, Blue River Basin, Kansas City, Missouri:
Report of the Chief of Engineers, dated September 5, 1996, at
a total cost of $17,082,000, with an estimated Federal cost
of $12,043,000 and an estimated non-Federal cost of
$5,039,000.
(19) Wood river, grand island, nebraska.--The project for
flood control, Wood River, Grand Island, Nebraska: Report of
the Chief of Engineers, dated May 3, 1994, at a total cost of
$11,800,000, with an estimated Federal cost of $6,040,000 and
an estimated non-Federal cost of $5,760,000.
(20) Las cruces, new mexico.--The project for flood
control, Las Cruces, New Mexico: Report of the Chief of
Engineers, dated June 24, 1996, at a total cost of
$8,278,000, with an estimated Federal cost of $5,494,000 and
an estimated non-Federal cost of $2,784,000.
(21) Atlantic coast of long island, new york.--The project
for storm damage reduction, Atlantic Coast of Long Island
from Jones Inlet to East Rockaway Inlet, Long Beach Island,
New York: Report of the Chief of Engineers, dated April 5,
1996, at a total cost of $72,091,000, with an estimated
Federal cost of $46,859,000 and an estimated non-Federal cost
of $25,232,000.
(22) Cape fear--northeast (cape fear) rivers, north
carolina.--The project for navigation, Cape Fear--Northeast
(Cape Fear) Rivers, North Carolina: Report of the Chief of
Engineers, dated September 9, 1996, at a total cost of
$221,735,000, with an estimated Federal cost of $132,936,000
and an estimated non-Federal cost of $88,799,000.
(23) Wilmington harbor, cape fear river, north carolina.--
The project for navigation, Wilmington Harbor, Cape Fear and
Northeast Cape Fear Rivers, North Carolina: Report of the
Chief of Engineers, dated June 24, 1994, at a total cost of
$23,953,000, with an estimated Federal cost of $15,572,000
and an estimated non-Federal cost of $8,381,000.
(24) Duck creek, cincinnati, ohio.--The project for flood
control, Duck Creek, Cincinnati, Ohio: Report of the Chief of
Engineers, dated June 28, 1994, at a total cost of
$15,947,000, with an estimated Federal cost of $11,960,000
and an estimated non-Federal cost of $3,987,000.
(25) Willamette river temperature control, mckenzie
subbasin, oregon.--The project for environmental restoration,
Willamette River Temperature Control, McKenzie Subbasin,
Oregon: Report of the Chief of Engineers, dated February 1,
1996, at a total Federal cost of $38,000,000.
(26) Rio grande de arecibo, puerto rico.--The project for
flood control, Rio Grande de Arecibo, Puerto Rico: Report of
the Chief of Engineers, dated April 5, 1994, at a total cost
of $19,951,000, with an estimated Federal cost of $10,557,000
and an estimated non-Federal cost of $9,394,000.
(27) Charleston harbor, south carolina.--The project for
navigation, Charleston Harbor Deepening and Widening, South
Carolina: Report of the Chief of Engineers, dated July 18,
1996, at a total cost of $116,639,000, with an estimated
Federal cost of $71,940,000 and an estimated non-Federal cost
of $44,699,000.
(28) Big sioux river and skunk creek, sioux falls, south
dakota.--The project for flood control, Big Sioux River and
Skunk Creek, Sioux Falls, South Dakota: Report of the Chief
of Engineers, dated June 30, 1994, at a total cost of
$34,600,000, with an estimated Federal cost of $25,900,000
and an estimated non-Federal cost of $8,700,000.
(29) Gulf intracoastal waterway, aransas national wildlife
refuge, texas.--The project for navigation and environmental
preservation, Gulf Intracoastal Waterway, Aransas National
Wildlife Refuge, Texas: Report of the Chief of Engineers,
dated May 28, 1996, at a total cost of $18,283,000, with an
estimated Federal cost of $18,283,000.
(30) Houston-galveston navigation channels, texas.--The
project for navigation and environmental restoration,
Houston-Galveston Navigation Channels, Texas: Report of the
Chief of Engineers, dated May 9, 1996, at a total cost of
$298,334,000, with an estimated Federal cost of $197,237,000
and an estimated non-Federal cost of $101,097,000, and an
average annual cost of $786,000 for future environmental
restoration over the 50-year life of the project, with an
estimated annual Federal cost of $590,000 and an estimated
annual non-Federal cost of $196,000. The removal of pipelines
and other obstructions that are necessary for the project
shall be accomplished at non-Federal expense. Non-Federal
interests shall receive credit toward cash contributions
required during construction and subsequent to construction
for design and construction management work that is performed
by non-Federal interests and that the Secretary determines is
necessary to implement the project.
(31) Marmet lock, kanawha river, west virginia.--The
project for navigation, Marmet Lock, Kanawha River, West
Virginia: Report of the Chief of Engineers, dated June 24,
1994, at a total cost of $229,581,000. The costs of
construction of the project are to be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust
Fund.
(b) Projects Subject to Report.--The following projects for
water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, recommended in a final report (or in the case
of the project described in paragraph (10), a Detailed
Project Report) of the Corps of Engineers, if the report is
completed not later than December 31, 1996:
(1) Chignik, alaska.--The project for navigation, Chignik,
Alaska, at a total cost of $10,365,000, with an estimated
Federal cost of $4,282,000 and an estimated non-Federal cost
of $6,083,000.
(2) Cook inlet, alaska.--The project for navigation, Cook
Inlet, Alaska, at a total cost of $5,700,000, with an
estimated Federal cost of $3,700,000 and an estimated non-
Federal cost of $2,000,000.
(3) St. paul island harbor, st. paul, alaska.--The project
for navigation, St. Paul Harbor, St. Paul, Alaska, at a total
cost of $18,981,000, with an estimated Federal cost of
$12,239,000 and an estimated non-Federal cost of $6,742,000.
(4) Norco bluffs, riverside county, california.--The
project for bluff stabilization, Norco Bluffs, Riverside
County, California, at a total cost of $8,600,000, with an
estimated Federal cost of $6,450,000 and an estimated non-
Federal cost of $2,150,000.
(5) Terminus dam, kaweah river, california.--The project
for flood control and water supply, Terminus Dam, Kaweah
River, California, at a total cost of $34,500,000, with an
estimated Federal cost of $20,200,000 and an estimated non-
Federal cost of $14,300,000.
(6) Rehoboth beach and dewey beach, delaware.--The project
for storm damage reduction and shoreline protection, Rehoboth
Beach and Dewey Beach, Delaware, at a total cost of
$9,423,000, with an estimated Federal cost of $6,125,000 and
an estimated non-Federal cost of $3,298,000, and an estimated
average annual cost of $282,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual
Federal cost of $183,000 and an estimated annual non-Federal
cost of $99,000.
(7) Brevard county, florida.--The project for shoreline
protection, Brevard County, Florida, at a total cost of
$76,620,000, with an estimated Federal cost of $36,006,000
and an estimated non-Federal cost of $40,614,000, and an
estimated average annual cost of $2,341,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $1,109,000 and an estimated
annual non-Federal cost of $1,232,000.
(8) Lake worth inlet, florida.--The project for navigation
and shoreline protection, Lake Worth Inlet, Palm Beach
Harbor, Florida, at a total cost of $3,915,000.
(9) Miami harbor channel, florida.--The project for
navigation, Miami Harbor Channel, Miami, Florida, at a total
cost of $3,221,000, with an estimated Federal cost of
$1,800,000 and an estimated non-Federal cost of $1,421,000.
(10) New harmony, indiana.--The project for streambank
erosion protection, Wabash River at New Harmony, Indiana, at
a total cost of $2,800,000, with an estimated Federal cost of
$2,100,000 and an estimated non-Federal cost of $700,000.
(11) Westwego to harvey canal, louisiana.--The project for
hurricane damage prevention and flood control, West Bank
Hurricane Protection (Lake Cataouatche
[[Page 2340]]
Area), Jefferson Parish, Louisiana, at a total cost of
$14,375,000, with an estimated Federal cost of $9,344,000 and
an estimated non-Federal cost of $5,031,000.
(12) Chesapeake and delaware canal, maryland and
delaware.--The project for navigation and safety
improvements, Chesapeake and Delaware Canal, Baltimore Harbor
Connecting Channels, Delaware and Maryland, at a total cost
of $82,800,000, with an estimated Federal cost of $53,852,000
and an estimated non-Federal cost of $28,948,000.
(13) Absecon island, new jersey.--The project for storm
damage reduction and shoreline protection, Brigantine Inlet
to Great Egg Harbor Inlet, Absecon Island, New Jersey, at a
total cost of $52,000,000, with an estimated Federal cost of
$34,000,000 and an estimated non-Federal cost of $18,000,000.
SEC. 102. SMALL FLOOD CONTROL PROJECTS.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is feasible, may carry out the project under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) South upland, san bernadino county, california.--
Project for flood control, South Upland, San Bernadino
County, California.
(2) Birds, lawrence county, illinois.--Project for flood
control, Birds, Lawrence County, Illinois.
(3) Bridgeport, lawrence county, illinois.--Project for
flood control, Bridgeport, Lawrence County, Illinois.
(4) Embarras river, villa grove, illinois.--Project for
flood control, Embarras River, Villa Grove, Illinois.
(5) Frankfort, will county, illinois.--Project for flood
control, Frankfort, Will County, Illinois.
(6) Sumner, lawrence county, illinois.--Project for flood
control, Sumner, Lawrence County, Illinois.
(7) Vermillion river, demonade park, lafayette,
louisiana.--Project for nonstructural flood control,
Vermillion River, Demonade Park, Lafayette, Louisiana. In
carrying out the study and the project (if any) under this
paragraph, the Secretary shall use relevant information from
the Lafayette Parish feasibility study and expedite
completion of the study under this paragraph.
(8) Vermillion river, quail hollow subdivision, lafayette,
louisiana.--Project for nonstructural flood control,
Vermillion River, Quail Hollow Subdivision, Lafayette,
Louisiana. In carrying out the study and the project (if any)
under this paragraph, the Secretary shall use relevant
information from the Lafayette Parish feasibility study and
expedite completion of the study under this paragraph.
(9) Kawkawlin river, bay county, michigan.--Project for
flood control, Kawkawlin River, Bay County, Michigan.
(10) Whitney drain, arenac county, michigan.--Project for
flood control, Whitney Drain, Arenac County, Michigan.
(11) Festus and crystal city, missouri.--Project for flood
control, Festus and Crystal City, Missouri. In carrying out
the study and the project (if any) under this paragraph, the
Secretary shall use relevant information from the existing
reconnaissance study and shall expedite completion of the
study under this paragraph.
(12) Kimmswick, missouri.--Project for flood control,
Kimmswick, Missouri. In carrying out the study and the
project (if any) under this paragraph, the Secretary shall
use relevant information from the existing reconnaissance
study and shall expedite completion of the study under this
paragraph.
(13) River des peres, st. louis county, missouri.--Project
for flood control, River Des Peres, St. Louis County,
Missouri. In carrying out the study and the project (if any),
the Secretary shall determine the feasibility of potential
flood control measures, consider potential storm water runoff
and related improvements, and cooperate with the Metropolitan
St. Louis Sewer District.
(14) Malta, montana.--Project for flood control, Malta,
Montana.
(15) Buffalo creek, erie county, new york.--Project for
flood control, Buffalo Creek, Erie County, New York.
(16) Cazenovia creek, erie county, new york.--Project for
flood control, Cazenovia Creek, Erie County, New York.
(17) Cheektowaga, erie county, new york.--Project for flood
control, Cheektowaga, Erie County, New York.
(18) Fulmer creek, village of mohawk, new york.--Project
for flood control, Fulmer Creek, village of Mohawk, New York.
(19) Moyer creek, village of frankfort, new york.--Project
for flood control, Moyer Creek, village of Frankfort, New
York.
(20) Sauquoit creek, whitesboro, new york.--Project for
flood control, Sauquoit Creek, Whitesboro, New York.
(21) Steele creek, village of ilion, new york.--Project for
flood control, Steele Creek, village of Ilion, New York.
(22) Willamette river, oregon.--Project for nonstructural
flood control, Willamette River, Oregon, including floodplain
and ecosystem restoration.
SEC. 103. SMALL BANK STABILIZATION PROJECTS.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is feasible, may carry out the project under section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r):
(1) St. joseph river, indiana.--Project for bank
stabilization, St. Joseph River, South Bend, Indiana,
including recreation and pedestrian access features.
(2) Allegheny river at oil city, pennsylvania.--Project for
bank stabilization to address erosion problems affecting the
pipeline crossing the Allegheny River at Oil City,
Pennsylvania, including measures to address erosion affecting
the pipeline in the bed of the Allegheny River and its
adjacent banks.
(3) Cumberland river, nashville, tennessee.--Project for
bank stabilization, Cumberland River, Nashville, Tennessee.
SEC. 104. SMALL NAVIGATION PROJECTS.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is feasible, may carry out the project under section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
(1) Akutan, alaska.--Project for navigation, Akutan,
Alaska, consisting of a bulkhead and a wave barrier,
including application of innovative technology involving use
of a permeable breakwater.
(2) Illinois and michigan canal, illinois.--Project for
navigation, Illinois and Michigan Canal, Illinois, including
marina development at Lock 14.
(3) Grand marais harbor breakwater, michigan.--Project for
navigation, Grand Marais Harbor breakwater, Michigan.
(4) Duluth, minnesota.--Project for navigation, Duluth,
Minnesota.
(5) Taconite, minnesota.--Project for navigation, Taconite,
Minnesota.
(6) Two harbors, minnesota.--Project for navigation, Two
Harbors, Minnesota.
(7) Caruthersville harbor, pemiscot county, missouri.--
Project for navigation, Caruthersville Harbor, Pemiscot
County, Missouri, including enlargement of the existing
harbor and bank stabilization measures.
(8) New madrid county harbor, missouri.--Project for
navigation, New Madrid County Harbor, Missouri, including
enlargement of the existing harbor and bank stabilization
measures.
(9) Brooklyn, new york.--Project for navigation, Brooklyn,
New York, including restoration of the pier and related
navigation support structures, at the Sixty-Ninth Street
Pier.
(10) Buffalo inner harbor, buffalo, new york.--Project for
navigation, Buffalo Inner Harbor, Buffalo, New York,
including enlargement of the existing harbor and bank
stabilization measures.
(11) Glenn cove creek, new york.--Project for navigation,
Glenn Cove Creek, New York, including bulkheading.
(12) Union ship canal, buffalo and lackawanna, new york.--
Project for navigation, Union Ship Canal, Buffalo and
Lackawanna, New York.
SEC. 105. SMALL SHORELINE PROTECTION PROJECTS.
The Secretary shall conduct a study for each of the
following projects, and if the Secretary determines that the
project is feasible, may carry out the project under section
3 of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of
publicly owned property'', approved August 13, 1946 (33
U.S.C. 426g; 60 Stat. 1056):
(1) Fort pierce, florida.--Project for 1 mile of additional
shoreline protection, Fort Pierce, Florida.
(2) Sylvan beach breakwater, verona, oneida county, new
york.--Project for shoreline protection, Sylvan Beach
breakwater, Verona, Oneida County, New York.
SEC. 106. SMALL SNAGGING AND SEDIMENT REMOVAL PROJECT,
MISSISSIPPI RIVER, LITTLE FALLS, MINNESOTA.
The Secretary shall conduct a study for a project for
clearing, snagging, and sediment removal, East Bank of the
Mississippi River, Little Falls, Minnesota, including removal
of sediment from culverts. The study shall include a
determination of the adequacy of culverts to maintain flows
through the channel. If the Secretary determines that the
project is feasible, the Secretary may carry out the project
under section 3 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved March 2, 1945 (33 U.S.C. 603a; 59 Stat. 23).
SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that the
project is appropriate, may carry out the project under
section 1135(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(a)):
(1) Pine flat dam, california.--Project for fish and
wildlife habitat restoration, Pine Flat Dam, Kings River,
California, including construction of a turbine bypass.
(2) Upper truckee river, el dorado county, california.--
Project for environmental restoration, Upper Truckee River,
El Dorado County, California, including measures for
restoration of degraded wetlands and wildlife enhancement.
(3) Whittier narrows dam, california.--Project for
environmental restoration and remediation of contaminated
water sources, Whittier Narrows Dam, California.
(4) Lower amazon creek, oregon.--Project for environmental
restoration, Lower Amazon Creek, Oregon, consisting of
environmental restoration measures relating to the flood
reduction measures constructed by the Corps of Engineers and
the related flood reduction measures constructed by the
Natural Resources Conservation Service.
(5) Ashley creek, utah.--Project for fish and wildlife
restoration, Ashley Creek near Vernal, Utah.
[[Page 2341]]
(6) Upper jordan river, salt lake county, utah.--Project
for channel restoration and environmental improvement, Upper
Jordan River, Salt Lake County, Utah.
TITLE II--GENERAL PROVISIONS
SEC. 201. COST SHARING FOR DREDGED MATERIAL DISPOSAL AREAS.
(a) Construction.--Section 101(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a); 100 Stat. 4082-
4083) is amended--
(1) in paragraph (2) by striking the last sentence and
inserting the following: ``The value of lands, easements,
rights-of-way, and relocations provided under paragraph (3)
and the costs of relocations borne by the non-Federal
interests under paragraph (4) shall be credited toward the
payment required under this paragraph.'';
(2) in paragraph (3)--
(A) by inserting ``and'' after ``rights-of-way,'';
(B) by striking ``, and dredged material disposal areas'';
and
(C) by inserting ``, including any lands, easements,
rights-of-way, and relocations (other than utility
relocations accomplished under paragraph (4)) that are
necessary for dredged material disposal facilities'' before
the period at the end of such paragraph; and
(3) by adding at the end the following:
``(5) Dredged material disposal facilities for project
construction.--In this subsection, the term `general
navigation features' includes constructed land-based and
aquatic dredged material disposal facilities that are
necessary for the disposal of dredged material required for
project construction and for which a contract for
construction has not been awarded on or before the date of
the enactment of this paragraph.''.
(b) Operation and Maintenance.--Section 101(b) of such Act
(33 U.S.C. 2211(b); 100 Stat. 4083) is amended--
(1) by inserting ``(1) In general.--'' before ``The
Federal'';
(2) by indenting and moving paragraph (1) (as designated by
paragraph (1) of this subsection) 2 ems to the right;
(3) by striking ``pursuant to this Act'' and inserting ``by
the Secretary pursuant to this Act or any other law approved
after the date of the enactment of this Act''; and
(4) by adding at the end the following:
``(2) Dredged material disposal facilities.--The Federal
share of the cost of constructing land-based and aquatic
dredged material disposal facilities that are necessary for
the disposal of dredged material required for the operation
and maintenance of a project and for which a contract for
construction has not been awarded on or before the date of
the enactment of this paragraph shall be determined in
accordance with subsection (a). The Federal share of
operating and maintaining such facilities shall be determined
in accordance with paragraph (1).''.
(c) Agreement.--Section 101(e)(1) of such Act (33 U.S.C.
2211(e)(1); 100 Stat. 4083) is amended by striking ``and to
provide dredged material disposal areas and perform'' and
inserting ``including those necessary for dredged material
disposal facilities, and perform''.
(d) Consideration of Funding Requirements and Equitable
Apportionment.--Section 101 of such Act (33 U.S.C. 2211; 100
Stat. 4082-4084) is amended by adding at the end the
following:
``(f) Consideration of Funding Requirements and Equitable
Apportionment.--The Secretary shall ensure, to the extent
practicable, that--
``(1) funding requirements for operation and maintenance
dredging of commercial navigation harbors are considered
before Federal funds are obligated for payment of the Federal
share of costs associated with the construction of dredged
material disposal facilities in accordance with subsections
(a) and (b);
``(2) funds expended for such construction are apportioned
equitably in accordance with regional needs; and
``(3) use of a dredged material disposal facility designed,
constructed, managed, or operated by a private entity is not
precluded if, consistent with economic and environmental
considerations, the facility is the least-cost
alternative.''.
(e) Eligible Operations and Maintenance Defined.--Section
214(2) of such Act (33 U.S.C. 2241; 100 Stat. 4108) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``Federal'' after ``means all'';
(B) by inserting ``(i)'' after ``including''; and
(C) by inserting before the period at the end the
following: ``; (ii) the construction of dredged material
disposal facilities that are necessary for the operation and
maintenance of any harbor or inland harbor; (iii) dredging
and disposing of contaminated sediments that are in or that
affect the maintenance of Federal navigation channels; (iv)
mitigating for impacts resulting from Federal navigation
operation and maintenance activities; and (v) operating and
maintaining dredged material disposal facilities''; and
(2) in subparagraph (C) by striking ``rights-of-way, or
dredged material disposal areas,'' and inserting ``or rights-
of-way,''.
(f) Amendment of Cooperation Agreement.--If requested by
the non-Federal interest, the Secretary shall amend a project
cooperation agreement executed on or before the date of the
enactment of this Act to reflect the application of the
amendments made by this section to any project for which a
contract for construction has not been awarded on or before
that date.
(g) Savings Clause.--Nothing in this section (including the
amendments made by this section) shall increase, or result in
the increase of, the non-Federal share of the costs of--
(1) expanding any confined dredged material disposal
facility that is operated by the Secretary and that is
authorized for cost recovery through the collection of tolls;
(2) any confined dredged material disposal facility for
which the invitation for bids for construction was issued
before the date of the enactment of this Act; and
(3) expanding any confined dredged material disposal
facility constructed under section 123 of the River and
Harbor Act of 1970 (33 U.S.C. 1293a) if the capacity of the
confined dredged material disposal facility was exceeded in
less than 6 years.
SEC. 202. FLOOD CONTROL POLICY.
(a) Flood Control Cost Sharing.--
(1) Increased non-federal contributions.--
(A) In general.--Subsections (a) and (b) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(a) and (b)) are each amended by striking ``25 percent''
each place it appears and inserting ``35 percent''.
(B) Applicability.--The amendments made by subparagraph (A)
shall apply to any project authorized after the date of the
enactment of this Act and to any flood control project that
is not specifically authorized by Congress for which a
Detailed Project Report is approved after such date of
enactment or, in the case of a project for which no Detailed
Project Report is prepared, construction is initiated after
such date of enactment.
(2) Physical construction defined.--Section 103(e)(1) of
such Act (33 U.S.C. 2213(e)(1)) is amended by adding at the
end the following: ``For the purpose of the preceding
sentence, physical construction shall be considered to be
initiated on the date of the award of a construction
contract.''.
(b) Ability To Pay.--
(1) In general.--Section 103(m) of such Act (33 U.S.C.
2213(m)) is amended to read as follows:
``(m) Ability To Pay.--
``(1) In general.--Any cost-sharing agreement under this
section for flood control or agricultural water supply shall
be subject to the ability of a non-Federal interest to pay.
``(2) Criteria and procedures.--The ability of a non-
Federal interest to pay shall be determined by the Secretary
in accordance with criteria and procedures in effect on the
day before the date of the enactment of the Water Resources
Development Act of 1996; except that such criteria and
procedures shall be revised within 1 year after such date of
enactment to reflect the requirements of paragraph (3).
``(3) Revision of criteria and procedures.--In revising
criteria and procedures pursuant to paragraph (2), the
Secretary--
``(A) shall consider--
``(i) per capita income data for the county or counties in
which the project is to be located; and
``(ii) the per capita non-Federal cost of construction of
the project for the county or counties in which the project
is to be located;
``(B) shall not consider criteria (other than criteria
described in subparagraph (A)) in effect on the day before
the date of the enactment of the Water Resources Development
Act of 1996; and
``(C) may consider additional criteria relating to the non-
Federal interest's financial ability to carry out its cost-
sharing responsibilities, to the extent that the application
of such criteria does not eliminate areas from eligibility
for a reduction in the non-Federal share as determined under
subparagraph (A).
``(4) Non-federal share.--Notwithstanding subsection (a),
the Secretary may reduce the requirement that a non-Federal
interest make a cash contribution for any project that is
determined to be eligible for a reduction in the non-Federal
share under criteria and procedures in effect under
paragraphs (1), (2), and (3).''.
(2) Applicability.--
(A) Generally.--Subject to subparagraph (C), the amendment
made by paragraph (1) shall apply to any project, or
separable element thereof, with respect to which the
Secretary and the non-Federal interest enter into a project
cooperation agreement after December 31, 1997.
(B) Amendment of cooperation agreement.--If requested by
the non-Federal interest, the Secretary shall amend a project
cooperation agreement executed on or before the date of the
enactment of this Act to reflect the application of the
amendment made by paragraph (1) to any project for which a
contract for construction has not been awarded on or before
such date of enactment.
(C) Non-federal option.--If requested by the non-Federal
interest, the Secretary shall apply the criteria and
procedures established pursuant to section 103(m) of the
Water Resources Development Act of 1986 as in effect on the
day before the date of the enactment of this Act for projects
that are authorized before the date of the enactment of this
Act.
(c) Floodplain Management Plans.--
(1) In general.--Section 402 of such Act (33 U.S.C. 701b-
12; 100 Stat. 4133) is amended to read as follows:
``SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS.
``(a) Compliance With Floodplain Management and Insurance
Programs.--Before construction of any project for local flood
protection, or any project for hurricane or
[[Page 2342]]
storm damage reduction, that involves Federal assistance from
the Secretary, the non-Federal interest shall agree to
participate in and comply with applicable Federal floodplain
management and flood insurance programs.
``(b) Flood Plain Management Plans.--Within 1 year after
the date of signing a project cooperation agreement for
construction of a project to which subsection (a) applies,
the non-Federal interest shall prepare a flood plain
management plan designed to reduce the impacts of future
flood events in the project area. Such plan shall be
implemented by the non-Federal interest not later than 1 year
after completion of construction of the project.
``(c) Guidelines.--
``(1) In general.--Within 6 months after the date of the
enactment of this subsection, the Secretary shall develop
guidelines for preparation of floodplain management plans by
non-Federal interests under subsection (b). Such guidelines
shall address potential measures, practices, and policies to
reduce loss of life, injuries, damages to property and
facilities, public expenditures, and other adverse impacts
associated with flooding and to preserve and enhance natural
floodplain values.
``(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to confer any regulatory
authority upon the Secretary or the Director of the Federal
Emergency Management Agency.
``(d) Technical Support.--The Secretary may provide
technical support to a non-Federal interest for a project to
which subsection (a) applies for the development and
implementation of plans prepared under subsection (b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any project or separable element thereof with
respect to which the Secretary and the non-Federal interest
have not entered into a project cooperation agreement on or
before the date of the enactment of this Act.
(d) Nonstructural Flood Control Policy.--
(1) Review.--The Secretary shall conduct a review of
policies, procedures, and techniques relating to the
evaluation and development of flood control measures with a
view toward identifying impediments that may exist to
justifying nonstructural flood control measures as
alternatives to structural measures.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the findings of the review conducted
under this subsection, together with any recommendations for
modifying existing law to remove any impediments identified
under such review.
(e) Emergency Response.--Section 5(a)(1) of the Act
entitled ``An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for
other purposes'', approved August 18, 1941 (33 U.S.C.
701n(a)(1)), is amended by inserting before the first
semicolon the following: ``, or in implementation of
nonstructural alternatives to the repair or restoration of
such flood control work if requested by the non-Federal
sponsor''.
(f) Levee Owners Manual.--Section 5 of such Act of August
18, 1941 (33 U.S.C. 701n), is amended by adding at the end
the following:
``(c) Levee Owners Manual.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this subsection, in accordance with chapter
5 of title 5, United States Code, the Secretary of the Army
shall prepare a manual describing the maintenance and upkeep
responsibilities that the Corps of Engineers requires of a
non-Federal interest in order for the non-Federal interest to
receive Federal assistance under this section. The Secretary
shall provide a copy of the manual at no cost to each non-
Federal interest that is eligible to receive Federal
assistance under this section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 to carry out this subsection.
``(3) Definitions.--In this subsection, the following
definitions apply:
``(A) Maintenance and upkeep.--The term `maintenance and
upkeep' means all maintenance and general upkeep of a levee
performed on a regular and consistent basis that is not
repair and rehabilitation.
``(B) Repair and rehabilitation.--The term `repair and
rehabilitation'--
``(i) means the repair or rebuilding of a levee or other
flood control structure, after the structure has been damaged
by a flood, to the level of protection provided by the
structure before the flood; but
``(ii) does not include--
``(I) any improvement to the structure; or
``(II) repair or rebuilding described in clause (i) if, in
the normal course of usage, the structure becomes
structurally unsound and is no longer fit to provide the
level of protection for which the structure was designed.''.
(g) Vegetation Management Guidelines.--
(1) Review.--The Secretary shall undertake a comprehensive
review of the current policy guidelines on vegetation
management for levees. The review shall examine current
policies in view of the varied interests in providing flood
control, preserving, protecting, and enhancing natural
resources, protecting the rights of Native Americans pursuant
to treaty and statute, and such other factors as the
Secretary considers appropriate.
(2) Cooperation and consultation.--The review under this
section shall be undertaken in cooperation with interested
Federal agencies and in consultation with interested
representatives of State and local governments and the
public.
(3) Revision of guidelines.--Based upon the results of the
review, the Secretary shall revise, not later than 270 days
after the date of the enactment of this Act, the policy
guidelines so as to provide a coherent and coordinated policy
for vegetation management for levees. Such revised guidelines
shall address regional variations in levee management and
resource needs and shall be incorporated in the manual
proposed under section 5(c) of such Act of August 18, 1941
(33 U.S.C. 701n).
(h) Risk-Based Analysis Methodology.--
(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences to conduct a
study of the Corps of Engineers' use of risk-based analysis
for the evaluation of hydrology, hydraulics, and economics in
flood damage reduction studies. The study shall include--
(A) an evaluation of the impact of risk-based analysis on
project formulation, project economic justification, and
minimum engineering and safety standards; and
(B) a review of studies conducted using risk-based analysis
to determine--
(i) the scientific validity of applying risk-based analysis
in these studies; and
(ii) the impact of using risk-based analysis as it relates
to current policy and procedures of the Corps of Engineers.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study under paragraph (1), as
well as such recommendations as the Secretary considers
appropriate.
(3) Limitation on use of methodology.--During the period
beginning on the date of the enactment of this Act and ending
18 months after that date, if requested by a non-Federal
interest, the Secretary shall refrain from using any risk-
based technique required under the studies described in
paragraph (1) for the evaluation and design of a project.
(4) Authorization of appropriations.--There is authorized
to be appropriated $250,000 to carry out this subsection.
SEC. 203. COST SHARING FOR FEASIBILITY STUDIES.
(a) Non-Federal Share.--Section 105(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2215(a)) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Cost sharing.--
``(A) In general.--The Secretary shall not initiate any
feasibility study for a water resources project after
November 17, 1986, until appropriate non-Federal interests
agree, by contract, to contribute 50 percent of the cost of
the study.
``(B) Payment of cost share during period of study.--During
the period of the study, the non-Federal share of the cost of
the study payable under subparagraph (A) shall be 50 percent
of the sum of--
``(i) the cost estimate for the study as contained in the
feasibility cost-sharing agreement; and
``(ii) any excess of the cost of the study over the cost
estimate if the excess results from--
``(I) a change in Federal law; or
``(II) a change in the scope of the study requested by the
non-Federal interests.
``(C) Payment of cost share on authorization of project or
termination of study.--
``(i) Project timely authorized.--Except as otherwise
agreed to by the Secretary and the non-Federal interests and
subject to clause (ii), the non-Federal share of any excess
of the cost of the study over the cost estimate (excluding
any excess cost described in subparagraph (B)(ii)) shall be
payable on the date on which the Secretary and the non-
Federal interests enter into an agreement pursuant to section
101(e) or 103(j) with respect to the project.
``(ii) Project not timely authorized.--If the project that
is the subject of the study is not authorized by the date
that is 5 years after the completion of the final report of
the Chief of Engineers concerning the study or the date that
is 2 years after the termination of the study, the non-
Federal share of any excess of the cost of the study over the
cost estimate (excluding any excess cost described in
subparagraph (B)(ii)) shall be payable to the United States
on that date.
``(D) Amendment of cost estimate.--The cost estimate
referred to in subparagraph (B)(i) may be amended only by
agreement of the Secretary and the non-Federal interests.
``(E) In-kind contributions.--Not more than \1/2\ of the
non-Federal share required under this paragraph may be
satisfied by the provision of services, materials, supplies,
or other in-kind services necessary to prepare the
feasibility report.''; and
(2) in paragraph (2) by striking ``(2) This subsection''
and inserting the following:
``(2) Applicability.--This subsection''.
(b) Applicability.--The amendments made by subsection (a)
shall apply notwithstanding any feasibility cost-sharing
agreement entered into by the Secretary and the non-Federal
interests. On request of the non-Federal interest, the
Secretary shall amend any feasibility cost-sharing agreements
in effect on the date of the enactment of this Act so as to
conform the agreements with the amendments.
(c) No Requirement of Reimbursement.--Nothing in this
section or any amendment
[[Page 2343]]
made by this section requires the Secretary to reimburse the
non-Federal interests for funds previously contributed for a
study.
SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY.
(a) Review of Projects.--Section 1135(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a(a)) is
amended--
(1) by striking ``the operation of''; and
(2) by inserting before the period at the end the
following: ``and to determine if the operation of such
projects has contributed to the degradation of the quality of
the environment''.
(b) Program of Projects.--Section 1135(b) of such Act is
amended by striking the last 2 sentences.
(c) Restoration of Environmental Quality.--Section 1135 of
such Act is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Restoration of Environmental Quality.--If the
Secretary determines that construction of a water resources
project by the Secretary or operation of a water resources
project constructed by the Secretary has contributed to the
degradation of the quality of the environment, the Secretary
may undertake measures for restoration of environmental
quality and measures for enhancement of environmental quality
that are associated with the restoration, through
modifications either at the project site or at other
locations that have been affected by the construction or
operation of the project, if such measures do not conflict
with the authorized project purposes.
``(d) Non-Federal Share; Limitation on Maximum Federal
Expenditure.--The non-Federal share of the cost of any
modifications or measures carried out or undertaken pursuant
to subsection (b) or (c) shall be 25 percent. Not more than
80 percent of the non-Federal share may be in kind, including
a facility, supply, or service that is necessary to carry out
the modification or measure. Not more than $5,000,000 in
Federal funds may be expended on any single modification or
measure carried out or undertaken pursuant to this
section.''; and
(3) in subsection (f) (as so redesignated) by striking
``program conducted under subsection (b)'' and inserting
``programs conducted under subsections (b) and (c)''.
(d) Definition.--Section 1135 of such Act (as amended by
subsection (c)(1) of this section) is amended by adding at
the end the following:
``(h) Definition.--In this section, the term `water
resources project constructed by the Secretary' includes a
water resources project constructed or funded jointly by the
Secretary and the head of any other Federal agency (including
the Natural Resources Conservation Service).''.
SEC. 205. ENVIRONMENTAL DREDGING.
Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1252 note; 104 Stat. 4639-4640) is amended--
(1) in each of subsections (a), (b), and (c) by inserting
``and remediate'' after ``remove'' each place it appears;
(2) in subsection (b)--
(A) in paragraph (1) by inserting ``and remediation'' after
``removal'' each place it appears; and
(B) in paragraph (2) by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(3) by striking subsection (f) and inserting the following:
``(f) Priority Work.--In carrying out this section, the
Secretary shall give priority to work in the following areas:
``(1) Brooklyn Waterfront, New York.
``(2) Buffalo Harbor and River, New York.
``(3) Ashtabula River, Ohio.
``(4) Mahoning River, Ohio.
``(5) Lower Fox River, Wisconsin.''.
SEC. 206. AQUATIC ECOSYSTEM RESTORATION.
(a) General Authority.--The Secretary may carry out an
aquatic ecosystem restoration and protection project if the
Secretary determines that the project--
(1) will improve the quality of the environment and is in
the public interest; and
(2) is cost-effective.
(b) Cost Sharing.--Non-Federal interests shall provide 35
percent of the cost of construction of any project carried
out under this section, including provision of all lands,
easements, rights-of-way, and necessary relocations.
(c) Agreements.--Construction of a project under this
section shall be initiated only after a non-Federal interest
has entered into a binding agreement with the Secretary to
pay the non-Federal share of the costs of construction
required by this section and to pay 100 percent of any
operation, maintenance, and replacement and rehabilitation
costs with respect to the project in accordance with
regulations prescribed by the Secretary.
(d) Cost Limitation.--Not more than $5,000,000 in Federal
funds may be allotted under this section for a project at any
single locality.
(e) Funding.--There is authorized to be appropriated to
carry out this section $25,000,000 for each fiscal year.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326; 106 Stat. 4826) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Selection of Dredged Material Disposal Method.--In
developing and carrying out a project for navigation
involving the disposal of dredged material, the Secretary may
select, with the consent of the non-Federal interest, a
disposal method that is not the least-cost option if the
Secretary determines that the incremental costs of such
disposal method are reasonable in relation to the
environmental benefits, including the benefits to the aquatic
environment to be derived from the creation of wetlands and
control of shoreline erosion. The Federal share of such
incremental costs shall be determined in accordance with
subsection (c).''.
SEC. 208. RECREATION POLICY AND USER FEES.
(a) Recreation Policy.--
(1) In general.--The Secretary shall provide increased
emphasis on, and opportunities for recreation at, water
resources projects operated, maintained, or constructed by
the Corps of Engineers.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on specific measures taken to implement
this subsection.
(b) User Fees.--
(1) In general.--Section 210(b)(4) of the Flood Control Act
of 1968 (16 U.S.C. 460d-3(b)(4)) is amended by inserting
before the period at the end the following: ``and, subject to
the availability of appropriations, shall be used for the
purposes specified in section 4(i)(3) of such Act at the
water resources development project at which the fees were
collected''.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report, with respect to
fiscal years 1995 and 1996, on--
(A) the amount of day-use fees collected under section
210(b) of the Flood Control Act of 1968 (16 U.S.C. 460d-3(b))
at each water resources development project; and
(B) the administrative costs associated with the collection
of the day-use fees at each water resources development
project.
(c) Alternative to Annual Passes.--
(1) In general.--The Secretary shall evaluate the
feasibility of implementing an alternative to the $25 annual
pass that the Secretary currently offers to users of
recreation facilities at water resources projects of the
Corps of Engineers.
(2) Annual pass.--The evaluation under paragraph (1) shall
include the establishment on a test basis of an annual pass
that costs $10 or less for the use of recreation facilities,
including facilities at Raystown Lake, Pennsylvania.
(3) Report.--Not later than December 31, 1999, the
Secretary shall transmit to Congress a report on the results
of the evaluation carried out under this subsection, together
with recommendations concerning whether annual passes for
individual projects should be offered on a nationwide basis.
(4) Expiration of authority.--The authority to establish an
annual pass under paragraph (2) shall expire on the later of
December 31, 1999, or the date of transmittal of the report
under paragraph (3).
SEC. 209. RECOVERY OF COSTS.
Amounts recovered under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607) for any response action taken by the
Secretary in support of the civil works program of the
Department of the Army and any other amounts recovered by the
Secretary from a contractor, insurer, surety, or other person
to reimburse the Department of the Army for any expenditure
for environmental response activities in support of the Army
civil works program shall be credited to the appropriate
trust fund account from which the cost of such response
action has been paid or will be charged.
SEC. 210. COST SHARING FOR ENVIRONMENTAL PROJECTS.
(a) In General.--Section 103(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(c); 100 Stat. 4085)
is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) environmental protection and restoration: 35 percent;
except that nothing in this paragraph shall affect or limit
the applicability of section 906.''.
(b) Applicability.--The amendments made by subsection (a)
apply only to projects authorized after the date of the
enactment of this Act.
SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-
FEDERAL INTERESTS.
(a) Authority.--Non-Federal interests are authorized to
undertake flood control projects in the United States,
subject to obtaining any permits required pursuant to Federal
and State laws in advance of actual construction.
(b) Studies and Design Activities.--
(1) By non-federal interests.--A non-Federal interest may
prepare, for review and approval by the Secretary, the
necessary studies and design documents for any construction
to be undertaken pursuant to subsection (a).
(2) By secretary.--Upon request of an appropriate non-
Federal interest, the Secretary may undertake all necessary
studies and design activities for any construction to be
undertaken pursuant to subsection (a) and
[[Page 2344]]
provide technical assistance in obtaining all necessary
permits for such construction if the non-Federal interest
contracts with the Secretary to provide to the United States
funds for the studies and design activities during the period
in which the studies and design activities will be conducted.
(c) Completion of Studies and Design Activities.--In the
case of any study or design documents for a flood control
project that were initiated before the date of the enactment
of this Act, the Secretary may complete and transmit to the
appropriate non-Federal interests the study or design
documents or, upon the request of such non-Federal interests,
terminate the study or design activities and transmit the
partially completed study or design documents to such non-
Federal interests for completion. Studies and design
documents subject to this subsection shall be completed
without regard to the requirements of subsection (b).
(d) Authority To Carry Out Improvement.--
(1) In general.--Any non-Federal interest that has received
from the Secretary pursuant to subsection (b) or (c) a
favorable recommendation to carry out a flood control
project, or separable element of a flood control project,
based on the results of completed studies and design
documents for the project or element may carry out the
project or element if a final environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been filed for the project or
element.
(2) Permits.--Any plan of improvement proposed to be
implemented in accordance with this subsection shall be
deemed to satisfy the requirements for obtaining the
appropriate permits required under the Secretary's authority.
Such permits shall be granted subject to the non-Federal
interest's acceptance of the terms and conditions of such
permits if the Secretary determines that the applicable
regulatory criteria and procedures have been satisfied.
(3) Monitoring.--The Secretary shall monitor any project
for which a permit is granted under this subsection in order
to ensure that such project is constructed, operated, and
maintained in accordance with the terms and conditions of
such permit.
(e) Reimbursement.--
(1) General rule.--Subject to appropriations Acts, the
Secretary may reimburse any non-Federal interest an amount
equal to the estimate of the Federal share, without interest,
of the cost of any authorized flood control project, or
separable element of a flood control project, constructed
pursuant to this section--
(A) if, after authorization and before initiation of
construction of the project or separable element, the
Secretary approves the plans for construction of such project
by the non-Federal interest; and
(B) if the Secretary finds, after a review of studies and
design documents prepared pursuant to this section, that
construction of the project or separable element is
economically justified and environmentally acceptable.
(2) Special rules.--
(A) Reimbursement.--For work (including work associated
with studies, planning, design, and construction) carried out
by a non-Federal interest with respect to a project described
in subsection (f), the Secretary shall, subject to amounts
being made available in advance in appropriations Acts,
reimburse, without interest, the non-Federal interest an
amount equal to the estimated Federal share of the cost of
such work if such work is later recommended by the Chief of
Engineers and approved by the Secretary.
(B) Credit.--If the non-Federal interest for a project
described in subsection (f) carries out work before
completion of a reconnaissance study by the Secretary and if
such work is determined by the Secretary to be compatible
with the project later recommended by the Secretary, the
Secretary shall credit the non-Federal interest for its share
of the cost of the project for such work.
(3) Matters to be considered in reviewing plans.--In
reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other
factors that the Secretary considers appropriate.
(4) Monitoring.--The Secretary shall regularly monitor and
audit any project for flood control approved for construction
under this section by a non-Federal interest to ensure that
such construction is in compliance with the plans approved by
the Secretary and that the costs are reasonable.
(5) Limitation on reimbursements.--The Secretary may not
make any reimbursement under this section until the Secretary
determines that the work for which reimbursement is requested
has been performed in accordance with applicable permits and
approved plans.
(f) Specific Projects.--For the purpose of demonstrating
the potential advantages and effectiveness of non-Federal
implementation of flood control projects, the Secretary shall
enter into agreements pursuant to this section with non-
Federal interests for development of the following flood
control projects by such interests:
(1) Berryessa creek, california.--The Berryessa Creek
element of the project for flood control, Coyote and
Berryessa Creeks, California, authorized by section 101(a)(5)
of the Water Resources Development Act of 1990 (104 Stat.
4606); except that, subject to the approval of the Secretary
as provided by this section, the non-Federal interest may
design and construct an alternative to such element.
(2) Los angeles county drainage area, california.--The
project for flood control, Los Angeles County Drainage Area,
California, authorized by section 101(b) of the Water
Resources Development Act of 1990 (104 Stat. 4611).
(3) Stockton metropolitan area, california.--The project
for flood control, Stockton Metropolitan Area, California.
(4) Upper guadalupe river, california.--The project for
flood control, Upper Guadalupe River, California.
(5) Flamingo and tropicana washes, nevada.--The project for
flood control, Las Vegas Wash and Tributaries (Flamingo and
Tropicana Washes), Nevada, authorized by section 101(13) of
the Water Resources Development Act of 1992 (106 Stat. 4803).
(6) Brays bayou, texas.--Flood control components
comprising the Brays Bayou element of the project for flood
control, Buffalo Bayou and tributaries, Texas, authorized by
section 101(a)(21) of the Water Resources Development Act of
1990 (104 Stat. 4610); except that, subject to the approval
of the Secretary as provided by this section, the non-Federal
interest may design and construct an alternative to the
diversion component of such element.
(7) Hunting bayou, texas.--The Hunting Bayou element of the
project for flood control, Buffalo Bayou and tributaries,
Texas, authorized by such section; except that, subject to
the approval of the Secretary as provided by this section,
the non-Federal interest may design and construct an
alternative to such element.
(8) White oak bayou, texas.--The project for flood control,
White Oak Bayou watershed, Texas.
(g) Treatment of Flood Damage Prevention Measures.--For the
purposes of this section, flood damage prevention measures at
or in the vicinity of Morgan City and Berwick, Louisiana,
shall be treated as an authorized separable element of the
Atchafalaya Basin feature of the project for flood control,
Mississippi River and Tributaries.
SEC. 212. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF
NATIONAL SIGNIFICANCE.
(a) Surveys, Plans, and Studies.--To encourage innovative
and environmentally sound engineering solutions and
innovative environmental solutions to problems of national
significance, the Secretary may undertake surveys, plans, and
studies and prepare reports that may lead to work under
existing civil works authorities or to recommendations for
authorizations.
(b) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 1997 through 2000.
(2) Funding from other sources.--The Secretary may accept
and expend additional funds from other Federal agencies,
States, or non-Federal entities for purposes of carrying out
this section.
SEC. 213. LEASE AUTHORITY.
Notwithstanding any other provision of law, the Secretary
may lease space available in buildings for which funding for
construction or purchase was provided from the revolving fund
established by the 1st section of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576; 67 Stat. 199), under
such terms and conditions as are acceptable to the Secretary.
The proceeds from such leases shall be credited to the
revolving fund for the purposes set forth in such Act.
SEC. 214. COLLABORATIVE RESEARCH AND DEVELOPMENT.
(a) Funding From Other Federal Sources.--Section 7 of the
Water Resources Development Act of 1988 (33 U.S.C. 2313; 102
Stat. 4022-4023) is amended--
(1) in subsection (a) by inserting ``civil works'' before
``mission''; and
(2) by striking subsection (e) and inserting the following:
``(e) Funding From Other Federal Sources.--The Secretary
may accept and expend additional funds from other Federal
programs, including other Department of Defense programs, to
carry out this section.''.
(b) Pre-Agreement Temporary Protection of Technology.--
Section 7 of such Act is amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Pre-Agreement Temporary Protection of Technology.--
``(1) In general.--If the Secretary determines that
information developed as a result of research and development
activities conducted by the Corps of Engineers is likely to
be subject to a cooperative research and development
agreement within 2 years of its development and that such
information would be a trade secret or commercial or
financial information that would be privileged or
confidential if the information had been obtained from a non-
Federal party participating in a cooperative research and
development agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a),
the Secretary may provide appropriate protection against the
dissemination of such information, including exemption from
subchapter II of chapter 5 of title 5, United States Code,
until the earlier of the date the Secretary enters into such
an agreement with respect to such technology or the last day
of the 2-year period beginning on the date of such
determination.
[[Page 2345]]
``(2) Treatment.--Any technology covered by this section
that becomes the subject of a cooperative research and
development agreement shall be accorded the protection
provided under section 12(c)(7)(B) of such Act (15 U.S.C.
3710a(c)(7)(B)) as if such technology had been developed
under a cooperative research and development agreement.'';
and
(3) in subsection (d) (as so redesignated) by striking
``(b)'' and inserting ``(c)''.
SEC. 215. NATIONAL DAM SAFETY PROGRAM.
(a) Purpose.--The purpose of this section is to reduce the
risks to life and property from dam failure in the United
States through the establishment and maintenance of an
effective national dam safety program to bring together the
expertise and resources of the Federal and non-Federal
communities in achieving national dam safety hazard
reduction. It is not the intent of this section to preempt
any other Federal or State authorities nor is it the intent
of this section to mandate State participation in the grant
assistance program to be established under this section.
(b) Effect on Other Dam Safety Programs.--Nothing in this
section (including the amendments made by this section) shall
preempt or otherwise affect any dam safety program of a
Federal agency other than the Federal Emergency Management
Agency, including any program that regulates, permits, or
licenses any activity affecting a dam.
(c) Dam Safety Program.--The Act entitled ``An Act to
authorize the Secretary of the Army to undertake a national
program of inspection of dams'', approved August 8, 1972 (33
U.S.C 467 et seq.; Public Law 92-367), is amended--
(1) by striking the 1st section and inserting the
following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Dam Safety Program
Act'.'';
(2) by striking sections 5 through 14;
(3) by redesignating sections 2, 3, and 4 as sections 3, 4,
and 5, respectively;
(4) by inserting after section 1 (as amended by paragraph
(1) of this subsection) the following:
``SEC. 2. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Board.--The term `Board' means a National Dam Safety
Review Board established under section 8(h).
``(2) Dam.--The term `dam'--
``(A) means any artificial barrier that has the ability to
impound water, wastewater, or any liquid-borne material, for
the purpose of storage or control of water, that--
``(i) is 25 feet or more in height from--
``(I) the natural bed of the stream channel or watercourse
measured at the downstream toe of the barrier; or
``(II) if the barrier is not across a stream channel or
watercourse, from the lowest elevation of the outside limit
of the barrier;
to the maximum water storage elevation; or
``(ii) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more; but
``(B) does not include--
``(i) a levee; or
``(ii) a barrier described in subparagraph (A) that--
``(I) is 6 feet or less in height regardless of storage
capacity; or
``(II) has a storage capacity at the maximum water storage
elevation that is 15 acre-feet or less regardless of height;
unless the barrier, because of the location of the barrier or
another physical characteristic of the barrier, is likely to
pose a significant threat to human life or property if the
barrier fails (as determined by the Director).
``(3) Director.--The term `Director' means the Director of
FEMA.
``(4) Federal agency.--The term `Federal agency' means a
Federal agency that designs, finances, constructs, owns,
operates, maintains, or regulates the construction,
operation, or maintenance of a dam.
``(5) Federal guidelines for dam safety.--The term `Federal
Guidelines for Dam Safety' means the FEMA publication,
numbered 93 and dated June 1979, that defines management
practices for dam safety at all Federal agencies.
``(6) FEMA.--The term `FEMA' means the Federal Emergency
Management Agency.
``(7) Hazard reduction.--The term `hazard reduction' means
the reduction in the potential consequences to life and
property of dam failure.
``(8) ICODS.--The term `ICODS' means the Interagency
Committee on Dam Safety established by section 7.
``(9) Program.--The term `Program' means the national dam
safety program established under section 8.
``(10) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the United
States.
``(11) State dam safety agency.--The term `State dam safety
agency' means a State agency that has regulatory authority
over the safety of non-Federal dams.
``(12) State dam safety program.--The term `State dam
safety program' means a State dam safety program approved and
assisted under section 8(f).
``(13) United states.--The term `United States', when used
in a geographical sense, means all of the States.'';
(5) in section 3 (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``Sec. 3. As'' and inserting the following:
``SEC. 3. INSPECTION OF DAMS.
``(a) In General.--As''; and
(B) by adding at the end the following:
``(b) State Participation.--On request of a State dam
safety agency, with respect to any dam the failure of which
would affect the State, the head of a Federal agency shall--
``(1) provide information to the State dam safety agency on
the construction, operation, or maintenance of the dam; or
``(2) allow any official of the State dam safety agency to
participate in the Federal inspection of the dam.'';
(6) in section 4 (as redesignated by paragraph (3) of this
subsection) by striking ``Sec. 4. As'' and inserting the
following:
``SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.
``As'';
(7) in section 5 (as redesignated by paragraph (3) of this
subsection) by striking ``Sec. 5. For'' and inserting the
following:
``SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.
``For''; and
(8) by inserting after section 5 (as redesignated by
paragraph (3) of this subsection) the following:
``SEC. 6. NATIONAL DAM INVENTORY.
``The Secretary of the Army, acting through the Chief of
Engineers, may maintain and periodically publish updated
information on the inventory of dams in the United States.
``SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.
``(a) Establishment.--There is established an Interagency
Committee on Dam Safety--
``(1) comprised of a representative of each of the
Department of Agriculture, the Department of Defense, the
Department of Energy, the Department of the Interior, the
Department of Labor, FEMA, the Federal Energy Regulatory
Commission, the Nuclear Regulatory Commission, the Tennessee
Valley Authority, and the United States Section of the
International Boundary Commission; and
``(2) chaired by the Director.
``(b) Duties.--ICODS shall encourage the establishment and
maintenance of effective Federal and State programs,
policies, and guidelines intended to enhance dam safety for
the protection of human life and property through--
``(1) coordination and information exchange among Federal
agencies and State dam safety agencies; and
``(2) coordination and information exchange among Federal
agencies concerning implementation of the Federal Guidelines
for Dam Safety.
``SEC. 8. NATIONAL DAM SAFETY PROGRAM.
``(a) In General.--The Director, in consultation with ICODS
and State dam safety agencies, and the Board shall establish
and maintain, in accordance with this section, a coordinated
national dam safety program. The Program shall--
``(1) be administered by FEMA to achieve the objectives set
forth in subsection (c);
``(2) involve, to the extent appropriate, each Federal
agency; and
``(3) include--
``(A) each of the components described in subsection (d);
``(B) the implementation plan described in subsection (e);
and
``(C) assistance for State dam safety programs described in
subsection (f).
``(b) Duties.--The Director shall--
``(1) not later than 270 days after the date of the
enactment of this paragraph, develop the implementation plan
described in subsection (e);
``(2) not later than 300 days after the date of the
enactment of this paragraph, submit to the appropriate
authorizing committees of Congress the implementation plan
described in subsection (e); and
``(3) by regulation, not later than 360 days after the date
of the enactment of this paragraph--
``(A) develop and implement the Program;
``(B) establish goals, priorities, and target dates for
implementation of the Program; and
``(C) to the extent feasible, provide a method for
cooperation and coordination with, and assistance to,
interested governmental entities in all States.
``(c) Objectives.--The objectives of the Program are to--
``(1) ensure that new and existing dams are safe through
the development of technologically and economically feasible
programs and procedures for national dam safety hazard
reduction;
``(2) encourage acceptable engineering policies and
procedures to be used for dam site investigation, design,
construction, operation and maintenance, and emergency
preparedness;
``(3) encourage the establishment and implementation of
effective dam safety programs in each State based on State
standards;
``(4) develop and encourage public awareness projects to
increase public acceptance and support of State dam safety
programs;
``(5) develop technical assistance materials for Federal
and non-Federal dam safety programs; and
``(6) develop mechanisms with which to provide Federal
technical assistance for dam safety to the non-Federal
sector.
``(d) Components.--
``(1) In general.--The Program shall consist of--
[[Page 2346]]
``(A) a Federal element and a non-Federal element; and
``(B) leadership activity, technical assistance activity,
and public awareness activity.
``(2) Elements.--
``(A) Federal.--The Federal element shall incorporate the
activities and practices carried out by Federal agencies
under section 7 to implement the Federal Guidelines for Dam
Safety.
``(B) Non-federal.--The non-Federal element shall consist
of--
``(i) the activities and practices carried out by States,
local governments, and the private sector to safely build,
regulate, operate, and maintain dams; and
``(ii) Federal activities that foster State efforts to
develop and implement effective programs for the safety of
dams.
``(3) Functional activities.--
``(A) Leadership.--The leadership activity shall be the
responsibility of FEMA and shall be exercised by chairing
ICODS to coordinate Federal efforts in cooperation with State
dam safety officials.
``(B) Technical assistance.--The technical assistance
activity shall consist of the transfer of knowledge and
technical information among the Federal and non-Federal
elements described in paragraph (2).
``(C) Public awareness.--The public awareness activity
shall provide for the education of the public, including
State and local officials, in the hazards of dam failure,
methods of reducing the adverse consequences of dam failure,
and related matters.
``(e) Implementation Plan.--The Director shall--
``(1) develop an implementation plan for the Program that
shall set, through fiscal year 2002, year-by-year targets
that demonstrate improvements in dam safety; and
``(2) recommend appropriate roles for Federal agencies and
for State and local units of government, individuals, and
private organizations in carrying out the implementation
plan.
``(f) Assistance for State Dam Safety Programs.--
``(1) In general.--To encourage the establishment and
maintenance of effective State programs intended to ensure
dam safety, to protect human life and property, and to
improve State dam safety programs, the Director shall provide
assistance with amounts made available under section 12 to
assist States in establishing and maintaining dam safety
programs--
``(A) in accordance with the criteria specified in
paragraph (2); and
``(B) in accordance with more advanced requirements and
standards established by the Board and the Director with the
assistance of established criteria such as the Model State
Dam Safety Program published by FEMA, numbered 123 and dated
April 1987, and amendments to the Model State Dam Safety
Program.
``(2) Criteria and budgeting requirement.--For a State to
be eligible for primary assistance under this subsection, a
State dam safety program must be working toward meeting the
following criteria and budgeting requirement, and for a State
to be eligible for advanced assistance under this subsection,
a State dam safety program must meet the following criteria
and budgeting requirement and be working toward meeting the
advanced requirements and standards established under
paragraph (1)(B):
``(A) Criteria.--For a State to be eligible for assistance
under this subsection, a State dam safety program must be
authorized by State legislation to include substantially, at
a minimum--
``(i) the authority to review and approve plans and
specifications to construct, enlarge, modify, remove, and
abandon dams;
``(ii) the authority to perform periodic inspections during
dam construction to ensure compliance with approved plans and
specifications;
``(iii) a requirement that, on completion of dam
construction, State approval must be given before operation
of the dam;
``(iv)(I) the authority to require or perform the
inspection, at least once every 5 years, of all dams and
reservoirs that would pose a significant threat to human life
and property in case of failure to determine the continued
safety of the dams and reservoirs; and
``(II) a procedure for more detailed and frequent safety
inspections;
``(v) a requirement that all inspections be performed under
the supervision of a State-registered professional engineer
with related experience in dam design and construction;
``(vi) the authority to issue notices, when appropriate, to
require owners of dams to perform necessary maintenance or
remedial work, revise operating procedures, or take other
actions, including breaching dams when necessary;
``(vii) regulations for carrying out the legislation of the
State described in this subparagraph;
``(viii) provision for necessary funds--
``(I) to ensure timely repairs or other changes to, or
removal of, a dam in order to protect human life and
property; and
``(II) if the owner of the dam does not take action
described in subclause (I), to take appropriate action as
expeditiously as practicable;
``(ix) a system of emergency procedures to be used if a dam
fails or if the failure of a dam is imminent; and
``(x) an identification of--
``(I) each dam the failure of which could be reasonably
expected to endanger human life;
``(II) the maximum area that could be flooded if the dam
failed; and
``(III) necessary public facilities that would be affected
by the flooding.
``(B) Budgeting requirement.--For a State to be eligible
for assistance under this subsection, State appropriations
must be budgeted to carry out the legislation of the State
under subparagraph (A).
``(3) Work plans.--The Director shall enter into a contract
with each State receiving assistance under paragraph (2) to
develop a work plan necessary for the State dam safety
program to reach a level of program performance specified in
the contract.
``(4) Maintenance of effort.--Assistance may not be
provided to a State under this subsection for a fiscal year
unless the State enters into such agreement with the Director
as the Director requires to ensure that the State will
maintain the aggregate expenditures of the State from all
other sources for programs to ensure dam safety for the
protection of human life and property at or above a level
equal to the average annual level of such expenditures for
the 2 fiscal years preceding the fiscal year.
``(5) Approval of programs.--
``(A) Submission.--For a State to be eligible for
assistance under this subsection, a plan for a State dam
safety program shall be submitted to the Director for
approval.
``(B) Approval.--A State dam safety program shall be deemed
to be approved 120 days after the date of receipt by the
Director unless the Director determines within the 120-day
period that the State dam safety program fails to meet the
requirements of paragraphs (1) through (3).
``(C) Notification of disapproval.--If the Director
determines that a State dam safety program does not meet the
requirements for approval, the Director shall immediately
notify the State in writing and provide the reasons for the
determination and the changes that are necessary for the plan
to be approved.
``(6) Review of state dam safety programs.--Using the
expertise of the Board, the Director shall periodically
review State dam safety programs. If the Board finds that a
State dam safety program has proven inadequate to reasonably
protect human life and property and the Director concurs, the
Director shall revoke approval of the State dam safety
program, and withhold assistance under this subsection, until
the State dam safety program again meets the requirements for
approval.
``(g) Dam Safety Training.--At the request of any State
that has or intends to develop a State dam safety program,
the Director shall provide training for State dam safety
staff and inspectors.
``(h) Board.--
``(1) Establishment.--The Director may establish an
advisory board to be known as the `National Dam Safety Review
Board' to monitor State implementation of this section.
``(2) Authority.--The Board may use the expertise of
Federal agencies and enter into contracts for necessary
studies to carry out this section.
``(3) Membership.--The Board shall consist of 11 members
selected by the Director for expertise in dam safety, of
whom--
``(A) 1 member shall represent the Department of
Agriculture;
``(B) 1 member shall represent the Department of Defense;
``(C) 1 member shall represent the Department of the
Interior;
``(D) 1 member shall represent FEMA;
``(E) 1 member shall represent the Federal Energy
Regulatory Commission;
``(F) 5 members shall be selected by the Director from
among dam safety officials of States; and
``(G) 1 member shall be selected by the Director to
represent the United States Committee on Large Dams.
``(4) Compensation of members.--
``(A) Federal employees.--Each member of the Board who is
an officer or employee of the United States shall serve
without compensation in addition to compensation received for
the services of the member as an officer or employee of the
United States.
``(B) Other members.--Each member of the Board who is not
an officer or employee of the United States shall serve
without compensation.
``(5) Travel expenses.--Each member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of services for the Board.
``(6) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.
``SEC. 9. RESEARCH.
``(a) In General.--The Director, in cooperation with ICODS,
shall carry out a program of technical and archival research
to develop--
``(1) improved techniques, historical experience, and
equipment for rapid and effective dam construction,
rehabilitation, and inspection; and
``(2) devices for the continued monitoring of the safety of
dams.
``(b) Consultation.--The Director shall provide for State
participation in research under subsection (a) and
periodically advise all States and Congress of the results of
the research.
``SEC. 10. REPORTS.
``(a) Report on Dam Insurance.--Not later than 180 days
after the date of the enactment
[[Page 2347]]
of this subsection, the Director shall report to Congress on
the availability of dam insurance and make recommendations
concerning encouraging greater availability.
``(b) Biennial Reports.--Not later than 90 days after the
end of each odd-numbered fiscal year, the Director shall
submit a report to Congress that--
``(1) describes the status of the Program;
``(2) describes the progress achieved by Federal agencies
during the 2 preceding fiscal years in implementing the
Federal Guidelines for Dam Safety;
``(3) describes the progress achieved in dam safety by
States participating in the Program; and
``(4) includes any recommendations for legislative and
other action that the Director considers necessary.
``SEC. 11. STATUTORY CONSTRUCTION.
``Nothing in this Act and no action or failure to act under
this Act shall--
``(1) create any liability in the United States or its
officers or employees for the recovery of damages caused by
such action or failure to act;
``(2) relieve an owner or operator of a dam of the legal
duties, obligations, or liabilities incident to the ownership
or operation of the dam; or
``(3) preempt any other Federal or State law.
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) National Dam Safety Program.--
``(1) Annual amounts.--There are authorized to be
appropriated to FEMA to carry out sections 7, 8, and 10 (in
addition to any amounts made available for similar purposes
included in any other Act and amounts made available under
subsections (b) through (e)), $1,000,000 for fiscal year
1998, $2,000,000 for fiscal year 1999, $4,000,000 for fiscal
year 2000, $4,000,000 for fiscal year 2001, and $4,000,000
for fiscal year 2002.
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and (C),
for each fiscal year, amounts made available under this
subsection to carry out section 8 shall be allocated among
the States as follows:
``(i) One-third among States that qualify for assistance
under section 8(f).
``(ii) Two-thirds among States that qualify for assistance
under section 8(f), to each such State in proportion to--
``(I) the number of dams in the State that are listed as
State-regulated dams on the inventory of dams maintained
under section 6; as compared to
``(II) the number of dams in all States that are listed as
State-regulated dams on the inventory of dams maintained
under section 6.
``(B) Maximum amount of allocation.--The amount of funds
allocated to a State under this paragraph may not exceed 50
percent of the reasonable cost of implementing the State dam
safety program.
``(C) Determination.--The Director and the Board shall
determine the amount allocated to States needing primary
assistance and States needing advanced assistance under
section 8(f).
``(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 $500,000 for each fiscal
year.
``(c) Dam Safety Training.--There is authorized to be
appropriated to carry out section 8(g) $500,000 for each of
fiscal years 1998 through 2002.
``(d) Research.--There is authorized to be appropriated to
carry out section 9 $1,000,000 for each of fiscal years 1998
through 2002.
``(e) Staff.--There is authorized to be appropriated to
FEMA for the employment of such additional staff personnel as
are necessary to carry out sections 6 through 9 $400,000 for
each of fiscal years 1998 through 2002.
``(f) Limitation on Use of Amounts.--Amounts made available
under this Act may not be used to construct or repair any
Federal or non-Federal dam.''.
(d) Conforming Amendment.--Section 3(2) of the Indian Dams
Safety Act of 1994 (25 U.S.C. 3802(2); 108 Stat. 1560) is
amended by striking ``the first section of Public Law 92-367
(33 U.S.C. 467)'' and inserting ``section 2 of the National
Dam Safety Program Act''.
SEC. 216. HYDROELECTRIC POWER PROJECT UPRATING.
(a) In General.--In carrying out the maintenance,
rehabilitation, and modernization of a hydroelectric power
generating facility at a water resources project under the
jurisdiction of the Department of the Army, the Secretary may
take, to the extent funds are made available in
appropriations Acts, such actions as are necessary to
increase the efficiency of energy production or the capacity
of the facility, or both, if, after consulting with the heads
of other appropriate Federal and State agencies, the
Secretary determines that the increase--
(1) is economically justified and financially feasible;
(2) will not result in any significant adverse effect on
the other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts;
(4) will not involve major structural or operational
changes in the project; and
(5) will not adversely affect the use, management, or
protection of existing Federal, State, or tribal water
rights.
``(b) Consultation.--Before proceeding with the proposed
uprating under subsection (a), the Secretary shall provide
affected State, tribal, and Federal agencies with a copy of
the proposed determinations under subsection (a). If the
agencies submit comments, the Secretary shall accept those
comments or respond in writing to any objections those
agencies raise to the proposed determinations.
(c) Effect on Other Authority.--This section shall not
affect the authority of the Secretary and the Administrator
of the Bonneville Power Administration under section 2406 of
the Energy Policy Act of 1992 (16 U.S.C. 839d-1; 106 Stat.
3099).
SEC. 217. DREDGED MATERIAL DISPOSAL FACILITY PARTNERSHIPS.
(a) Additional Capacity.--
(1) Provided by secretary.--At the request of a non-Federal
interest with respect to a project, the Secretary may provide
additional capacity at a dredged material disposal facility
constructed by the Secretary beyond the capacity that would
be required for project purposes if the non-Federal interest
agrees to pay, during the period of construction, all costs
associated with the construction of the additional capacity.
(2) Cost recovery authority.--The non-Federal interest may
recover the costs assigned to the additional capacity through
fees assessed on third parties whose dredged material is
deposited at the facility and who enter into agreements with
the non-Federal interest for the use of the facility. The
amount of such fees may be determined by the non-Federal
interest.
(b) Non-Federal Use of Disposal Facilities.--
(1) In general.--The Secretary--
(A) may permit the use of any dredged material disposal
facility under the jurisdiction of, or managed by, the
Secretary by a non-Federal interest if the Secretary
determines that such use will not reduce the availability of
the facility for project purposes; and
(B) may impose fees to recover capital, operation, and
maintenance costs associated with such use.
(2) Use of fees.--Notwithstanding section 401(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1341(c)) but
subject to advance appropriations, any monies received
through collection of fees under this subsection shall be
available to the Secretary, and shall be used by the
Secretary, for the operation and maintenance of the disposal
facility from which the fees were collected.
(c) Public-Private Partnerships.--
(1) In general.--The Secretary may carry out a program to
evaluate and implement opportunities for public-private
partnerships in the design, construction, management, or
operation of dredged material disposal facilities in
connection with construction or maintenance of Federal
navigation projects. If a non-Federal interest is a sponsor
of the project, the Secretary shall consult with the non-
Federal interest in carrying out the program with respect to
the project.
(2) Private financing.--
(A) Agreements.--In carrying out this subsection, the
Secretary may enter into an agreement with a non-Federal
interest with respect to a project, a private entity, or both
for the acquisition, design, construction, management, or
operation of a dredged material disposal facility (including
any facility used to demonstrate potential beneficial uses of
dredged material) using funds provided in whole or in part by
the private entity.
(B) Reimbursement.--If any funds provided by a private
entity are used to carry out a project under this subsection,
the Secretary may reimburse the private entity over a period
of time agreed to by the parties to the agreement through the
payment of subsequent user fees. Such fees may include the
payment of a disposal or tipping fee for placement of
suitable dredged material at the facility.
(C) Amount of fees.--User fees paid pursuant to
subparagraph (B) shall be sufficient to repay funds
contributed by the private entity plus a reasonable return on
investment approved by the Secretary in cooperation with the
non-Federal interest with respect to the project and the
private entity.
(D) Federal share.--The Federal share of such fees shall be
equal to the percentage of the total cost that would
otherwise be borne by the Federal Government as required
pursuant to existing cost-sharing requirements, including
section 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2213) and section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2325).
(E) Budget act compliance.--Any spending authority (as
defined in section 401(c)(2) of the Congressional Budget Act
of 1974 (2 U.S.C. 651(c)(2))) authorized by this section
shall be effective only to such extent and in such amounts as
are provided in appropriation Acts.
SEC. 218. OBSTRUCTION REMOVAL REQUIREMENT.
(a) Penalty.--Section 16 of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 3, 1899 (33 U.S.C.
411; 30 Stat. 1153), is amended--
(1) by striking ``thirteen, fourteen, and fifteen'' each
place it appears and inserting ``13, 14, 15, 19, and 20'';
and
(2) by striking ``not exceeding twenty-five hundred dollars
nor less than five hundred dollars'' and inserting ``of up to
$25,000 per day''.
(b) General Authority.--Section 20 of such Act (33 U.S.C.
415) is amended--
(1) in subsection (a) by striking ``expense'' the 1st place
it appears and inserting ``actual expense, including
administrative expenses,'';
(2) in subsection (b) by striking ``cost'' and inserting
``actual cost, including administrative costs,'';
[[Page 2348]]
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Removal Requirement.--Not later than 24 hours after
the Secretary of the Department in which the Coast Guard is
operating issues an order to stop or delay navigation in any
navigable waters of the United States because of conditions
related to the sinking or grounding of a vessel, the owner or
operator of the vessel, with the approval of the Secretary of
the Army, shall begin removal of the vessel using the most
expeditious removal method available or, if appropriate,
secure the vessel pending removal to allow navigation to
resume. If the owner or operator fails to begin removal or to
secure the vessel pending removal or fails to complete
removal on an expedited basis, the Secretary of the Army
shall remove or destroy the vessel using the summary removal
procedures under subsection (a).''.
SEC. 219. SMALL PROJECT AUTHORIZATIONS.
Section 14 of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved July 24, 1946 (33 U.S.C. 701r), is amended--
(1) by striking ``$12,500,000'' and inserting
``$15,000,000''; and
(2) by striking ``$500,000'' and inserting ``$1,000,000''.
SEC. 220. UNECONOMICAL COST-SHARING REQUIREMENTS.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) is amended by striking the period at the end of
the 1st sentence and inserting the following: ``; except that
no such agreement shall be required if the Secretary
determines that the administrative costs associated with
negotiating, executing, or administering the agreement would
exceed the amount of the contribution required from the non-
Federal interest and are less than $25,000.''.
SEC. 221. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act of 1974
(42 U.S.C. 1962d-16) is amended--
(1) in subsection (a) by inserting ``, watersheds, or
ecosystems'' after ``basins'';
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in subsection (c)--
(A) by striking ``$6,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``$300,000'' and inserting ``$500,000''.
SEC. 222. CORPS OF ENGINEERS EXPENSES.
Section 211 of the Flood Control Act of 1950 (33 U.S.C.
701u; 64 Stat. 183) is amended--
(1) by striking ``continental limits of the''; and
(2) by striking the 2d colon and all that follows through
``for this purpose''.
SEC. 223. STATE AND FEDERAL AGENCY REVIEW PERIOD.
Paragraph (a) of the 1st section of the Act entitled ``An
Act authorizing the construction of certain public works on
rivers and harbors for flood control, and other purposes'',
approved December 22, 1944 (33 U.S.C. 701-1(a); 58 Stat.
888), is amended--
(1) by striking ``Within ninety'' and inserting ``Within
30''; and
(2) by striking ``ninety-day period.'' and inserting ``30-
day period.''.
SEC. 224. SECTION 215 REIMBURSEMENT LIMITATION PER PROJECT.
(a) In General.--The last sentence of section 215(a) of the
Flood Control Act of 1968 (42 U.S.C. 1962d-5a(a)) is
amended--
(1) by striking ``$3,000,000'' and inserting
``$5,000,000''; and
(2) by striking the final period.
(b) Modification of Reimbursement Limitation for San
Antonio River Authority.--Notwithstanding the last sentence
of section 215(a) of the Flood Control Act of 1968 (42 U.S.C.
1962d-5a(a)) and the agreement executed on November 7, 1992,
by the Secretary and the San Antonio River Authority, Texas,
the Secretary shall reimburse the Authority an amount not to
exceed a total of $5,000,000 for the work carried out by the
Authority under the agreement, including any amounts paid to
the Authority under the terms of the agreement before the
date of the enactment of this Act.
SEC. 225. MELALEUCA.
Section 104(a) of the River and Harbor Act of 1958 (33
U.S.C. 610(a)) is amended by inserting ``melaleuca,'' after
``milfoil,''.
SEC. 226. SEDIMENTS DECONTAMINATION TECHNOLOGY.
(a) Project Purpose.--Section 405(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)
is amended by adding at the end the following:
``(3) Project purpose.--The purpose of the project to be
carried out under this section is to provide for the
development of 1 or more sediment decontamination
technologies on a pilot scale demonstrating a capacity of at
least 500,000 cubic yards per year.''.
(b) Authorization of Appropriations.--The 1st sentence of
section 405(c) of such Act is amended to read as follows:
``There is authorized to be appropriated to carry out this
section $10,000,000.''.
(c) Reports.--Section 405 of such Act is amended by adding
at the end the following:
``(d) Reports.--Not later than September 30, 1998, and
periodically thereafter, the Administrator and the Secretary
shall transmit to Congress a report on the results of the
project to be carried out under this section, including an
assessment of the progress made in achieving the purpose of
the project set forth in subsection (a)(3).''.
SEC. 227. SHORE PROTECTION.
(a) Declaration of Policy.--Subsection (a) of the 1st
section of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of
publicly owned property'', approved August 13, 1946 (33
U.S.C. 426e), is amended--
(1) by striking ``damage to the shores'' and inserting
``damage to the shores and beaches''; and
(2) by striking ``the following provisions'' and all that
follows through the period at the end of such subsection and
inserting the following: ``this Act, to promote shore
protection projects and related research that encourage the
protection, restoration, and enhancement of sandy beaches,
including beach restoration and periodic beach nourishment,
on a comprehensive and coordinated basis by the Federal
Government, States, localities, and private enterprises. In
carrying out this policy, preference shall be given to areas
in which there has been a Federal investment of funds and
areas with respect to which the need for prevention or
mitigation of damage to shores and beaches is attributable to
Federal navigation projects or other Federal activities.''.
(b) Authorization of Projects.--Subsection (e) of such
section is amended--
(1) by striking ``(e) No'' and inserting the following:
``(e) Authorization of Projects.--
``(1) In general.--No'';
(2) by moving the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) 2 ems to
the right; and
(3) by adding at the end the following:
``(2) Studies.--
``(A) In general.--The Secretary shall--
``(i) recommend to Congress studies concerning shore
protection projects that meet the criteria established under
this Act (including subparagraph (B)(iii)) and other
applicable law;
``(ii) conduct such studies as Congress requires under
applicable laws; and
``(iii) report the results of the studies to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
``(B) Recommendations for shore protection projects.--
``(i) In general.--The Secretary shall recommend to
Congress the authorization or reauthorization of shore
protection projects based on the studies conducted under
subparagraph (A).
``(ii) Considerations.--In making recommendations, the
Secretary shall consider the economic and ecological benefits
of the shore protection project.
``(C) Coordination of projects.--In conducting studies and
making recommendations for a shore protection project under
this paragraph, the Secretary shall--
``(i) determine whether there is any other project being
carried out by the Secretary or the head of another Federal
agency that may be complementary to the shore protection
project; and
``(ii) if there is such a complementary project, describe
the efforts that will be made to coordinate the projects.
``(3) Shore protection projects.--
``(A) In general.--The Secretary shall construct, or cause
to be constructed, any shore protection project authorized by
Congress, or separable element of such a project, for which
funds have been appropriated by Congress.
``(B) Agreements.--
``(i) Requirement.--After authorization by Congress, and
before commencement of construction, of a shore protection
project or separable element, the Secretary shall enter into
a written agreement with a non-Federal interest with respect
to the project or separable element.
``(ii) Terms.--The agreement shall--
``(I) specify the life of the project; and
``(II) ensure that the Federal Government and the non-
Federal interest will cooperate in carrying out the project
or separable element.
``(C) Coordination of projects.--In constructing a shore
protection project or separable element under this paragraph,
the Secretary shall, to the extent practicable, coordinate
the project or element with any complementary project
identified under paragraph (2)(C).''.
(c) Requirement of Agreements Prior to Reimbursements.--
(1) Small shore protection projects.--Section 2 of the Act
entitled ``An Act authorizing Federal participation in the
cost of protecting the shores of publicly owned property'',
approved August 13, 1946 (33 U.S.C. 426f), is amended--
(A) by striking ``Sec. 2. The Secretary of the Army'' and
inserting the following:
``SEC. 2. REIMBURSEMENTS.
``(a) In General.--The Secretary'';
(B) in subsection (a) (as designated by subparagraph (A) of
this paragraph)--
(i) by striking ``local interests'' and inserting ``non-
Federal interests'';
(ii) by inserting ``or separable element of the project''
after ``project''; and
(iii) by inserting ``or separable elements'' after
``projects'' each place it appears; and
(C) by adding at the end the following:
``(b) Agreements.--
``(1) Requirement.--After authorization of reimbursement by
the Secretary under this section, and before commencement of
construction, of a shore protection project, the Secretary
shall enter into a written agree
[[Page 2349]]
ment with the non-Federal interest with respect to the
project or separable element.
``(2) Terms.--The agreement shall--
``(A) specify the life of the project; and
``(B) ensure that the Federal Government and the non-
Federal interest will cooperate in carrying out the project
or separable element.''.
(2) Other shoreline protection projects.--Section
206(e)(1)(A) of the Water Resources Development Act of 1992
(33 U.S.C. 426i-1(e)(1)(A); 106 Stat. 4829) is amended by
inserting before the semicolon the following: ``and enters
into a written agreement with the non-Federal interest with
respect to the project or separable element (including the
terms of cooperation)''.
(d) State and Regional Plans.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting
the shores of publicly owned property'', approved August 13,
1946, is amended--
(1) by redesignating section 4 (33 U.S.C. 426h) as section
5; and
(2) by inserting after section 3 (33 U.S.C. 426g) the
following:
``SEC. 4. STATE AND REGIONAL PLANS.
``The Secretary may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional plan for the conservation of
coastal resources located within the boundaries of the State;
``(2) encourage State participation in the implementation
of the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
the plan.''.
(e) National Shoreline Erosion Control Development and
Demonstration Program and Definitions.--
(1) In general.--The Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of
publicly owned property'', approved August 13, 1946 (33
U.S.C. 426e et seq.), is amended by striking section 5 (as
redesignated by subsection (d)(1) of this section) and
inserting the following:
``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND
DEMONSTRATION PROGRAM.
``(a) Establishment of Erosion Control Program.--The
Secretary shall establish and conduct a national shoreline
erosion control development and demonstration program for a
period of 6 years beginning on the date that funds are made
available to carry out this section.
``(b) Requirements.--
``(1) In general.--The erosion control program shall
include provisions for--
``(A) projects consisting of planning, designing, and
constructing prototype engineered and vegetative shoreline
erosion control devices and methods during the first 3 years
of the erosion control program;
``(B) adequate monitoring of the prototypes throughout the
duration of the erosion control program;
``(C) detailed engineering and environmental reports on the
results of each demonstration project carried out under the
erosion control program; and
``(D) technology transfers to private property owners and
State and local entities.
``(2) Emphasis.--The projects carried out under the erosion
control program shall emphasize, to the extent practicable--
``(A) the development and demonstration of innovative
technologies;
``(B) efficient designs to prevent erosion at a shoreline
site, taking into account the life-cycle cost of the design,
including cleanup, maintenance, and amortization;
``(C) natural designs, including the use of vegetation or
temporary structures that minimize permanent structural
alterations;
``(D) the avoidance of negative impacts to adjacent
shorefront communities;
``(E) in areas with substantial residential or commercial
interests adjacent to the shoreline, designs that do not
impair the aesthetic appeal of the interests;
``(F) the potential for long-term protection afforded by
the technology; and
``(G) recommendations developed from evaluations of the
original 1974 program established under the Shoreline Erosion
Control Demonstration Act of 1974 (42 U.S.C. 1962d-5 note; 88
Stat. 26), including--
``(i) adequate consideration of the subgrade;
``(ii) proper filtration;
``(iii) durable components;
``(iv) adequate connection between units; and
``(v) consideration of additional relevant information.
``(3) Sites.--
``(A) In general.--Each project under the erosion control
program shall be carried out at a privately owned site with
substantial public access, or a publicly owned site, on open
coast or on tidal waters.
``(B) Selection.--The Secretary shall develop criteria for
the selection of sites for the projects, including--
``(i) a variety of geographical and climatic conditions;
``(ii) the size of the population that is dependent on the
beaches for recreation, protection of homes, or commercial
interests;
``(iii) the rate of erosion;
``(iv) significant natural resources or habitats and
environmentally sensitive areas; and
``(v) significant threatened historic structures or
landmarks.
``(C) Areas.--Projects under the erosion control program
shall be carried out at not fewer than--
``(i) 2 sites on each of the shorelines of the Atlantic and
Pacific coasts;
``(ii) 2 sites on the shoreline of the Great Lakes; and
``(iii) 1 site on the shoreline of the Gulf of Mexico.
``(4) Determination of feasibility.--Implementation of a
project under this section is contingent upon a determination
by the Secretary that such project is feasible.
``(c) Consultation.--
``(1) Parties.--The Secretary shall carry out the erosion
control program in consultation with--
``(A) the Secretary of Agriculture, particularly with
respect to vegetative means of preventing and controlling
shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center established
under the 1st section of the Act entitled `An Act to make
certain changes in the functions of the Beach Erosion Board
and the Board of Engineers for Rivers and Harbors, and for
other purposes', approved November 7, 1963 (33 U.S.C. 426-1);
and
``(E) university research facilities.
``(2) Agreements.--The consultation described in paragraph
(1) may include entering into agreements with other Federal,
State, or local agencies or private organizations to carry
out functions described in subsection (b)(1) when
appropriate.
``(d) Report.--Not later than 60 days after the conclusion
of the erosion control program, the Secretary shall prepare
and submit an erosion control program final report to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives. The report shall include a
comprehensive evaluation of the erosion control program and
recommendations regarding the continuation of the erosion
control program.
``(e) Funding.--
``(1) Responsibility.--The cost of and responsibility for
operation and maintenance (excluding monitoring) of a
demonstration project under the erosion control program shall
be borne by non-Federal interests on completion of
construction of the demonstration project.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $21,000,000 to carry out this section.
``SEC. 6. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) Erosion control program.--The term `erosion control
program' means the national shoreline erosion control
development and demonstration program established under this
section.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Army.
``(3) Separable element.--The term `separable element' has
the meaning provided by section 103(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(f)).
``(4) Shore.--The term `shore' includes each shoreline of
the Atlantic and Pacific Oceans, the Gulf of Mexico, the
Great Lakes, and lakes, estuaries, and bays directly
connected therewith.
``(5) Shore protection project.--The term `shore protection
project' includes a project for beach nourishment, including
the replacement of sand.''.
(2) Conforming amendments.--The Act entitled ``An Act
authorizing Federal participation in the cost of protecting
the shores of publicly owned property'', approved August 13,
1946, is amended--
(A) in subsection (b)(3) of the 1st section (33 U.S.C.
426e(b)(3))--
(i) by striking ``of the Army, acting through the Chief of
Engineers,''; and
(ii) by striking the final period;
(B) in subsection (e) of the 1st section by striking
``section 3'' and inserting ``section 3 or 5''; and
(C) in section 3 (33 U.S.C. 426g) by striking ``Secretary
of the Army'' and inserting ``Secretary''.
(f) Objectives of Projects.--Section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2; 84 Stat. 1829) is
amended by inserting ``(including shore protection projects
such as projects for beach nourishment, including the
replacement of sand)'' after ``water resource projects''.
SEC. 228. CONDITIONS FOR PROJECT DEAUTHORIZATIONS.
(a) In General.--Section 1001(b)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)(2); 100 Stat.
4201) is amended--
(1) in the 1st sentence by striking ``10'' and inserting
``7'';
(2) in the 2d sentence by striking ``Before'' and inserting
``Upon''; and
(3) in the last sentence by inserting ``the planning,
design, or'' before ``construction''.
(b) Conforming Amendments.--Section 52 of the Water
Resources Development Act of 1988 (102 Stat. 4044) is
amended--
(1) by striking subsection (a) (33 U.S.C. 579a note);
(2) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively; and
(3) in subsection (d) (as so redesignated) by striking ``or
subsection (a) of this section''.
SEC. 229. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
(a) General Authority.--In carrying out research and
development in support of the civil works program of the
Department of the Army, the Secretary may utilize contracts,
cooperative research and development agreements, cooperative
agreements,
[[Page 2350]]
and grants with non-Federal entities, including State and
local governments, colleges and universities, consortia,
professional and technical societies, public and private
scientific and technical foundations, research institutions,
educational organizations, and nonprofit organizations.
(b) Commercial Application.--With respect to contracts for
research and development, the Secretary may include
requirements that have potential commercial application and
may use such potential application as an evaluation factor
where appropriate.
SEC. 230. BENEFITS TO NAVIGATION.
In evaluating potential improvements to navigation and the
maintenance of navigation projects, the Secretary shall
consider, and include for purposes of project justification,
economic benefits generated by cruise ships as commercial
navigation benefits.
SEC. 231. LOSS OF LIFE PREVENTION.
Section 904 of the Water Resources Development Act of 1986
(33 U.S.C. 2281; 100 Stat. 4185) is amended by inserting
``and information regarding potential loss of human life that
may be associated with flooding and coastal storm events,''
after ``unquantifiable,''.
SEC. 232. SCENIC AND AESTHETIC CONSIDERATIONS.
In conducting studies of potential water resources
projects, the Secretary shall consider measures to preserve
and enhance scenic and aesthetic qualities in the vicinity of
such projects.
SEC. 233. TERMINATION OF TECHNICAL ADVISORY COMMITTEE.
Section 310 of the Water Resources Development Act of 1990
(33 U.S.C. 2319; 104 Stat. 4639) is amended--
(1) by striking subsection (a); and
(2) in subsection (b)--
(A) by striking ``(b) Public Participation.--''; and
(B) by striking ``subsection'' each place it appears and
inserting ``section''.
SEC. 234. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
(a) In General.--The Secretary may engage in activities in
support of other Federal agencies or international
organizations to address problems of national significance to
the United States.
(b) Consultation.--The Secretary may engage in activities
in support of international organizations only after
consulting with the Secretary of State.
(c) Use of Corps' Expertise.--The Secretary may use the
technical and managerial expertise of the Corps of Engineers
to address domestic and international problems related to
water resources, infrastructure development, and
environmental protection.
(d) Funding.--There is authorized to be appropriated
$1,000,000 to carry out this section. The Secretary may
accept and expend additional funds from other Federal
agencies or international organizations to carry this
section.
SEC. 235. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary, to the
greatest extent practicable, shall provide to each recipient
of the assistance a notice describing the statement made in
subsection (a).
SEC. 236. TECHNICAL CORRECTIONS.
(a) Contributions for Environmental and Recreation
Projects.--Section 203(b) of the Water Resources Development
Act of 1992 (33 U.S.C. 2325(b); 106 Stat. 4826) is amended by
striking ``(8662)'' and inserting ``(8862)''.
(b) Challenge Cost-Sharing Program.--The 2d sentence of
section 225(c) of such Act (33 U.S.C. 2328(c); 106 Stat.
4838) is amended by striking ``(8662)'' and inserting
``(8862)''.
SEC. 237. HOPPER DREDGES.
Section 3 of the Act of August 11, 1888 (33 U.S.C. 622; 25
Stat. 423), is amended by adding at the end the following:
``(c) Program To Increase Use of Private Hopper Dredges.--
``(1) Initiation.--The Secretary shall initiate a program
to increase the use of private-industry hopper dredges for
the construction and maintenance of Federal navigation
channels.
``(2) Ready reserve status for hopper dredge wheeler.--In
order to carry out this subsection, the Secretary shall place
the Federal hopper dredge Wheeler in a ready reserve status
not later than the earlier of 90 days after the date of
completion of the rehabilitation of the hopper dredge
McFarland pursuant to section 563 of the Water Resources
Development Act of 1996 or October 1, 1997.
``(3) Testing and use of ready reserve hopper dredge.--The
Secretary may periodically perform routine tests of the
equipment of the vessel placed in a ready reserve status
under paragraph (2) to ensure the vessel's ability to perform
emergency work. The Secretary shall not assign any scheduled
hopper dredging work to such vessel but shall perform any
repairs needed to maintain the vessel in a fully operational
condition. The Secretary may place the vessel in active
status in order to perform any dredging work only if the
Secretary determines that private industry has failed to
submit a responsive and responsible bid for work advertised
by the Secretary or to carry out the project as required
pursuant to a contract with the Secretary.
``(4) Repair and rehabilitation.--The Secretary may
undertake any repair and rehabilitation of any Federal hopper
dredge, including the vessel placed in ready reserve status
under paragraph (2) to allow the vessel to be placed in
active status as provided in paragraph (3).
``(5) Procedures.--The Secretary shall develop and
implement procedures to ensure that, to the maximum extent
practicable, private industry hopper dredge capacity is
available to meet both routine and time-sensitive dredging
needs. Such procedures shall include--
``(A) scheduling of contract solicitations to effectively
distribute dredging work throughout the dredging season; and
``(B) use of expedited contracting procedures to allow
dredges performing routine work to be made available to meet
time-sensitive, urgent, or emergency dredging needs.
``(6) Report.--Not later than 2 years after the date of the
enactment of this subsection, the Secretary shall report to
Congress on whether the vessel placed in ready reserve status
under paragraph (2) is needed to be returned to active status
or continued in a ready reserve status or whether another
Federal hopper dredge should be placed in a ready reserve
status.
``(7) Limitations.--
``(A) Reductions in status.--The Secretary may not further
reduce the readiness status of any Federal hopper dredge
below a ready reserve status except any vessel placed in such
status for not less than 5 years that the Secretary
determines has not been used sufficiently to justify
retaining the vessel in such status.
``(B) Increase in assignments of dredging work.--For each
fiscal year beginning after the date of the enactment of this
subsection, the Secretary shall not assign any greater
quantity of dredging work to any Federal hopper dredge in
active status than was assigned to that vessel in the average
of the 3 prior fiscal years.
``(C) Remaining dredges.--In carrying out the program under
this section, the Secretary shall not reduce the availability
and utilization of Federal hopper dredge vessels stationed on
the Pacific and Atlantic coasts below that which occurred in
fiscal year 1996 to meet the navigation dredging needs of the
ports on those coasts.
``(8) Contracts; payment of capital costs.--The Secretary
may enter into a contract for the maintenance and crewing of
any Federal hopper dredge retained in a ready reserve status.
The capital costs (including depreciation costs) of any
dredge retained in such status shall be paid for out of funds
made available from the Harbor Maintenance Trust Fund and
shall not be charged against the Corps of Engineers'
Revolving Fund Account or any individual project cost unless
the dredge is specifically used in connection with that
project.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. PROJECT MODIFICATIONS.
(a) Projects With Reports.--
(1) San francisco river at clifton, arizona.--The project
for flood control, San Francisco River at Clifton, Arizona,
authorized by section 101(a)(3) of the Water Resources
Development Act of 1990 (104 Stat. 4606), is modified to
authorize the Secretary to construct the project
substantially in accordance with the report of the Corps of
Engineers dated May 28, 1996, at a total cost of $21,100,000,
with an estimated Federal cost of $13,800,000 and an
estimated non-Federal cost of $7,300,000.
(2) Oakland harbor, california.--The projects for
navigation, Oakland Outer Harbor, California, and Oakland
Inner Harbor, California, authorized by section 202 of the
Water Resources Development Act of 1986 (100 Stat. 4092), are
modified to direct the Secretary--
(A) to combine the 2 projects into 1 project, to be
designated as the Oakland Harbor, California, project; and
(B) to carry out the combined project substantially in
accordance with the plans and subject to the conditions
recommended in the report of the Corps of Engineers dated
July 15, 1994, at a total cost of $90,850,000, with an
estimated Federal cost of $59,150,000 and an estimated non-
Federal cost of $31,700,000.
The non-Federal share of project costs and any available
credits toward the non-Federal share shall be calculated on
the basis of the total cost of the combined project.
(3) San luis rey, california.--The project for flood
control of the San Luis Rey River, California, authorized
pursuant to section 201 of the Flood Control Act of 1965 (42
U.S.C. 1962d-5; 79 Stat. 1073-1074), is modified to authorize
the Secretary to construct the project substantially in
accordance with the report of the Corps of Engineers dated
May 23, 1996, at a total cost of $81,600,000, with an
estimated Federal cost of $61,100,000 and an estimated non-
Federal cost of $20,500,000.
(4) Potomac river, washington, district of columbia.--The
project for flood control, Potomac River, Washington,
District of Columbia, authorized by section 5 of the Act
entitled ``An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for
other purposes'', approved June 22, 1936 (49 Stat. 1574), is
modified to authorize the Secretary to construct the project
substantially in accordance with the General Design
Memorandum dated May 1992 at a Federal cost of $1,800,000;
except that a temporary closure
[[Page 2351]]
may be used instead of a permanent structure at 17th Street.
Operation and maintenance of the project shall be a Federal
responsibility.
(5) North branch of chicago river, illinois.--The project
for flood control, North Branch of the Chicago River,
Illinois, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4115), is modified to
authorize the Secretary--
(A) to carry out the project substantially in accordance
with the report of the Corps of Engineers dated May 26, 1994,
at a total cost of $34,228,000, with an estimated Federal
cost of $20,905,000 and an estimated non-Federal cost of
$13,323,000; and
(B) to reimburse the city of Deerfield, Illinois, an amount
not to exceed $38,500 for a flood control study financed by
the city if the Secretary determines that the study is
necessary to address residual damages in areas upstream of
Reservoir 29A.
(6) Halstead, kansas.--The project for flood control,
Halstead, Kansas, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4116), is
modified to authorize the Secretary to carry out the project
substantially in accordance with the report of the Corps of
Engineers dated March 19, 1993, at a total cost of
$11,100,000, with an estimated Federal cost of $8,325,000 and
an estimated non-Federal cost of $2,775,000.
(7) Cape girardeau, missouri.--The project for flood
control, Cape Girardeau, Jackson Metropolitan Area, Missouri,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118-4119), is modified to
authorize the Secretary to construct the project
substantially in accordance with the report of the Corps of
Engineers dated July 18, 1994, including implementation of
nonstructural measures, at a total cost of $45,414,000, with
an estimated Federal cost of $33,030,000 and an estimated
non-Federal cost of $12,384,000.
(8) Molly ann's brook, new jersey.--The project for flood
control, Molly Ann's Brook, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4119), is modified to authorize the Secretary to carry
out the project substantially in accordance with the report
of the Corps of Engineers dated April 3, 1996, at a total
cost of $40,100,000, with an estimated Federal cost of
$22,600,000 and an estimated non-Federal cost of $17,500,000.
(9) Ramapo river at oakland, new jersey.--The project for
flood control, Ramapo River at Oakland, New Jersey,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4120), is modified to
authorize the Secretary to carry out the project
substantially in accordance with the report of the Corps of
Engineers dated May 1994, at a total cost of $11,300,000,
with an estimated Federal cost of $8,500,000 and an estimated
non-Federal cost of $2,800,000.
(10) Wilmington harbor-northeast cape fear river, north
carolina.--The project for navigation, Wilmington Harbor-
Northeast Cape Fear River, North Carolina, authorized by
section 202(a) of the Water Resources Development Act of 1986
(100 Stat. 4095), is modified to authorize the Secretary to
construct the project substantially in accordance with the
General Design Memorandum dated April 1990 and the General
Design Memorandum Supplement dated February 1994, at a total
cost of $52,041,000, with an estimated Federal cost of
$25,729,000 and an estimated non-Federal cost of $26,312,000.
(11) Saw mill run, pennsylvania.--The project for flood
control, Saw Mill Run, Pittsburgh, Pennsylvania, authorized
by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4124), is modified to authorize the Secretary
to carry out the project substantially in accordance with the
report of the Corps of Engineers dated April 8, 1994, at a
total cost of $12,780,000, with an estimated Federal cost of
$9,585,000 and an estimated non-Federal cost of $3,195,000.
(12) San juan harbor, puerto rico.--The project for
navigation, San Juan Harbor, Puerto Rico, authorized by
section 202(a) of the Water Resources Development Act of 1986
(100 Stat. 4097), is modified to authorize the Secretary to
deepen the bar channel to depths varying from 49 feet to 56
feet below mean low water with other modifications to
authorized interior channels as described in the General
Reevaluation Report and Environmental Assessment dated March
1994, at a total cost of $45,085,000, with an estimated
Federal cost of $28,244,000 and an estimated non-Federal cost
of $16,841,000.
(13) India point railroad bridge, seekonk river,
providence, rhode island.--The project for navigation, India
Point Railroad Bridge, Seekonk River, Providence, Rhode
Island, authorized by section 1166(c) of the Water Resources
Development Act of 1986 (100 Stat. 4258), is modified to
authorize the Secretary to construct the project
substantially in accordance with the Post Authorization
Change Report dated August 1994 at a total cost of
$1,300,000, with an estimated Federal cost of $650,000 and an
estimated non-Federal cost of $650,000.
(14) Upper jordan river, utah.--The project for flood
control, Upper Jordan River, Utah, authorized by section
101(a)(23) of the Water Resources Development Act of 1990
(104 Stat. 4610), is modified to authorize the Secretary to
carry out the project substantially in accordance with the
General Design Memorandum for the project dated March 1994,
and the Post Authorization Change Report for the project
dated April 1994, at a total cost of $12,870,000, with an
estimated Federal cost of $8,580,000 and an estimated non-
Federal cost of $4,290,000.
(b) Projects Subject to Reports.--The following projects
are modified as follows, except that no funds may be
obligated to carry out work under such modifications until
completion of a report by the Corps of Engineers finding that
such work is technically sound, environmentally acceptable,
and economic, as applicable:
(1) Alamo dam, arizona.--The project for flood control and
other purposes, Alamo Dam and Lake, Arizona, authorized by
section 10 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors
for flood control, and for other purposes'', approved
December 22, 1944 (58 Stat. 900), is modified to authorize
the Secretary to operate the Alamo Dam to provide fish and
wildlife benefits both upstream and downstream of the Dam.
Such operation shall not reduce flood control and recreation
benefits provided by the project.
(2) Phoenix, arizona.--The project for flood control and
water quality improvement, Phoenix, Arizona, authorized by
section 321 of the Water Resources Development Act of 1992
(106 Stat. 4848), is modified--
(A) to make ecosystem restoration a project purpose; and
(B) to authorize the Secretary to construct the project at
a total cost of $17,500,000.
(3) Glenn-colusa, california.--The project for flood
control, Sacramento River, California, authorized by section
2 of the Act entitled ``An Act to provide for the control of
the floods of the Mississippi River and of the Sacramento
River, California, and for other purposes'', approved March
1, 1917 (39 Stat. 949), and modified by section 102 of the
Energy and Water Development Appropriations Act, 1990 (103
Stat. 649), is further modified to authorize the Secretary to
carry out the portion of the project at Glenn-Colusa,
California, at a total cost of $14,200,000.
(4) Tybee island, georgia.--The project for beach erosion
control, Tybee Island, Georgia, authorized pursuant to
section 201 of the Flood Control Act of 1968 (42 U.S.C.
1962d-5; 79 Stat. 1073-1074), is modified to include as an
integral part of the project the portion of Tybee Island
located south of the existing south terminal groin between
18th and 19th Streets, including the east bank of Tybee Creek
up to Horse Pen Creek.
(5) Comite river, louisiana.--The Comite River Diversion
project for flood control, authorized as part of the project
for flood control, Amite River and Tributaries, Louisiana, by
section 101(11) of the Water Resources Development Act of
1992 (106 Stat. 4802-4803), is modified to authorize the
Secretary to construct the project at a total cost of
$121,600,000, with an estimated Federal cost of $70,577,000
and an estimated non-Federal cost of $51,023,000.
(6) Grand isle and vicinity, louisiana.--The project for
hurricane damage prevention, flood control, and beach erosion
along Grand Isle and Vicinity, Louisiana, authorized by
section 204 of the Flood Control Act of 1965 (79 Stat. 1077),
is modified to authorize the Secretary to construct a
permanent breakwater and levee system at a total cost of
$17,000,000.
(7) Red river waterway, louisiana.--The project for
mitigation of fish and wildlife losses, Red River Waterway,
Louisiana, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4142) and
modified by section 102(p) of the Water Resources Development
Act of 1990 (104 Stat. 4613), is further modified--
(A) to authorize the Secretary to carry out the project at
a total cost of $10,500,000; and
(B) to provide that lands that are purchased adjacent to
the Loggy Bayou Wildlife Management Area may be located in
Caddo Parish or Red River Parish.
(8) Red river waterway, mississippi river to shreveport,
louisiana.--The project for navigation, Red River Waterway,
Mississippi River to Shreveport, Louisiana, authorized by
section 101 of the River and Harbor Act of 1968 (82 Stat.
731), is modified to require the Secretary to dredge and
perform other related work as required to reestablish and
maintain access to, and the environmental value of, the
bendway channels designated for preservation in project
documentation prepared before the date of the enactment of
this Act. The work shall be carried out in accordance with
the local cooperation requirements for other navigation
features of the project.
(9) Stillwater, minnesota.--The project for flood control,
Stillwater, Minnesota, authorized by section 363 of the Water
Resources Development Act of 1992 (106 Stat. 4861-4862), is
modified--
(A) to authorize the Secretary to expand the flood wall
system if the Secretary determines that the expansion is
feasible; and
(B) to authorize the Secretary to construct the project at
a total cost of $11,600,000, with an estimated Federal cost
of $8,700,000 and an estimated non-Federal cost of
$2,900,000.
(10) Joseph g. minish passaic river park, new jersey.--The
streambank restoration element of the project for flood
control, Passaic River Main Stem, New Jersey and New York,
authorized by section 101(a)(18)(B) of the Water Resources
Development Act of 1990 (104 Stat. 4608) and known as the
``Joseph G. Minish Passaic River Waterfront Park and Historic
Area, New Jersey'', is modified--
(A) to authorize the Secretary to construct such element at
a total cost of $75,000,000;
(B) to provide that construction of such element may be
undertaken before imple
[[Page 2352]]
mentation of the remainder of the Passaic River Main Stem
project; and
(C) to provide that such element shall be treated, for the
purpose of economic analysis, as an integral part of the
Passaic River Main Stem project and shall be completed in the
initial phase of the Passaic River Main Stem project.
(11) Arthur kill, new york and new jersey.--The project for
navigation, Arthur Kill, New York and New Jersey, authorized
by section 202(b) of the Water Resources Development Act of
1986 (100 Stat. 4098), is modified to authorize the Secretary
to carry out the project to a depth of not to exceed 45 feet,
at a total cost of $83,000,000.
(12) Kill van kull, new york and new jersey.--
(A) Cost increase.--The project for navigation, Kill Van
Kull, New York and New Jersey, authorized by section 202(a)
of the Water Resources Development Act of 1986 (100 Stat.
4095), is modified to authorize the Secretary to carry out
the project at a total cost of $750,000,000.
(B) Continuation of engineering and design.--The Secretary
shall continue engineering and design in order to complete
the navigation project at Kill Van Kull and Newark Bay
Channels, New York and New Jersey, authorized by chapter IV
of title I of the Supplemental Appropriations Act, 1985 (99
Stat. 313) and section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4095).
SEC. 302. MOBILE HARBOR, ALABAMA.
The undesignated paragraph under the heading ``mobile
harbor, alabama'' in section 201(a) of the Water Resources
Development Act of 1986 (100 Stat. 4090) is amended by
striking the 1st semicolon and all that follows and inserting
a period and the following: ``In disposing of dredged
material from such project, the Secretary, after compliance
with applicable laws and after opportunity for public review
and comment, may consider alternatives to disposal of such
material in the Gulf of Mexico, including environmentally
acceptable alternatives for beneficial uses of dredged
material and environmental restoration.''.
SEC. 303. NOGALES WASH AND TRIBUTARIES, ARIZONA.
The project for flood control, Nogales Wash and
tributaries, Arizona, authorized by section 101(a)(4) of the
Water Resources Development Act of 1990 (104 Stat. 4606), is
modified to direct the Secretary to permit the non-Federal
contribution for the project to be determined in accordance
with subsections (k) and (m) of section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213) and to
direct the Secretary to enter into negotiations with non-
Federal interests pursuant to section 103(l) of such Act
concerning the timing of the initial payment of the non-
Federal contribution.
SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
The project for flood control and power generation at White
River Basin, Arkansas and Missouri, authorized by section 4
of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control,
and for other purposes'', approved June 28, 1938 (52 Stat.
1218), shall include recreation and fish and wildlife
mitigation as purposes of the project, to the extent that the
additional purposes do not adversely affect flood control,
power generation, or other authorized purposes of the
project.
SEC. 305. CHANNEL ISLANDS HARBOR, CALIFORNIA.
The project for navigation and shore protection, Channel
Islands Harbor, Port of Hueneme, California, authorized by
section 101 of the River and Harbor Act of 1954 (68 Stat.
1252), is modified to authorize biennial dredging and sand
bypassing at an annual downcoast replenishment rate to
establish and maintain a littoral sediment balance which is
estimated at 1,254,000 cubic yards per year. The cost of such
dredging and sand bypassing shall be 100 percent Federal as
long as Federal ownership of the entrance channel and jetties
of the Port of Hueneme necessitates restoration and
maintenance of the downcoast shoreline.
SEC. 306. LAKE ELSINORE, CALIFORNIA.
(a) Maximum Federal Expenditure.--The maximum amount of
Federal funds that may be expended for the project for flood
control, Lake Elsinore, Riverside County, California, shall
be $7,500,000.
(b) Revision of Project Cooperation Agreement.--The
Secretary shall revise the project cooperation agreement for
the project referred to in subsection (a) to take into
account the change in the Federal participation in such
project pursuant to subsection (a).
(c) Cost Sharing.--Nothing in this section shall be
construed to affect any cost-sharing requirement applicable
to the project referred to in subsection (a) under the Water
Resources Development Act of 1986.
(d) Study.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall--
(1) conduct a study of the advisability of modifying, for
the purpose of flood control pursuant to section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s), the project for
flood control, Lake Elsinore, Riverside County, California,
to permit water conservation storage up to an elevation of
1,249 feet above mean sea level; and
(2) report to Congress on the study, including making
recommendations concerning the advisability of so modifying
the project.
SEC. 307. LOS ANGELES AND LONG BEACH HARBORS, SAN PEDRO BAY,
CALIFORNIA.
The project for navigation, Los Angeles and Long Beach
Harbors, San Pedro Bay, California, authorized by section
201(a) of the Water Resources Development Act of 1986 (100
Stat. 4091), is modified to provide that, for the purpose of
section 101(a)(2) of such Act (33 U.S.C. 2211(a)(2)), the
sewer outfall relocated over a distance of 4,458 feet by the
Port of Los Angeles at a cost of approximately $12,000,000
shall be considered to be a relocation. The cost of such
relocation shall be credited as a payment provided by the
non-Federal interest.
SEC. 308. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.
The non-Federal share for a project to add water
conservation to the existing Los Angeles County Drainage
Area, California, project, authorized by section 101(b) of
the Water Resources Development Act of 1990 (104 Stat. 4611),
shall be 100 percent of separable first costs and separable
operation, maintenance, and replacement costs associated with
the water conservation purpose.
SEC. 309. PRADO DAM, CALIFORNIA.
(a) Review.--
(1) Separable element determination.--Not later than 6
months after the date of the enactment of this Act, the
Secretary shall review, in cooperation with the non-Federal
interest, the Prado Dam feature of the project for flood
control, Santa Ana River Mainstem, California, authorized by
section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4113), with a view toward determining whether the
feature may be considered a separable element (as defined in
section 103(f) of such Act (33 U.S.C. 2213(f))).
(2) Modification of cost-sharing requirement.--If the Prado
Dam feature is determined to be a separable element under
this subsection, the Secretary shall reduce the non-Federal
cost-sharing requirement for such feature in accordance with
section 103(a)(3) of such Act and shall enter into a project
cooperation agreement with the non-Federal interest to
reflect the modified cost-sharing requirement and to carry
out construction.
(b) Safety Improvements.--The Secretary, in coordination
with the State of California, shall provide technical
assistance to Orange County, California, in developing
appropriate public safety and access improvements associated
with that portion of California State Route 71 being
relocated for the Prado Dam feature of the project authorized
as part of the project referred to in subsection (a)(1).
SEC. 310. QUEENSWAY BAY, CALIFORNIA.
Section 4(e) of the Water Resources Development Act of 1988
(102 Stat. 4016) is amended by adding at the end the
following: ``In addition, the Secretary shall perform advance
maintenance dredging in the Queensway Bay Channel,
California, at a total cost of $5,000,000. The Secretary
shall coordinate with Federal and State agencies the
establishment of suitable dredged material disposal areas.''.
SEC. 311. SEVEN OAKS DAM, CALIFORNIA.
The non-Federal share for a project to add water
conservation to the Seven Oaks Dam, authorized as part of the
project for flood control, Santa Ana River Mainstem,
California, by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4113), shall be 100
percent of separable first costs and separable operation,
maintenance, and replacement costs associated with the water
conservation purpose.
SEC. 312. THAMES RIVER, CONNECTICUT.
(a) Modification.--The project for navigation, Thames
River, Connecticut, authorized by the 1st section of the Act
entitled ``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved August 30, 1935 (49 Stat.
1029), is modified to reconfigure the turning basin in
accordance with the following alignment: Beginning at a point
on the eastern limit of the existing project, N251052.93,
E783934.59, thence running north 5 degrees, 25 minutes, 21.3
seconds east 341.06 feet to a point, N251392.46, E783966.82,
thence running north 47 degrees, 24 minutes, 14.0 seconds
west 268.72 feet to a point, N251574.34, E783769.00, thence
running north 88 degrees, 41 minutes, 52.2 seconds west
249.06 feet to a point, N251580.00, E783520.00, thence
running south 46 degrees, 16 minutes, 22.9 seconds west
318.28 feet to a point, N251360.00, E783290.00, thence
running south 19 degrees, 1 minute, 32.2 seconds east 306.76
feet to a point, N251070.00, E783390.00, thence running south
45 degrees, 0 minutes, 0 seconds, east 155.56 feet to a
point, N250960.00, E783500.00 on the existing western limit.
(b) Payment for Initial Dredging.--Any required initial
dredging of the widened portions identified in subsection (a)
shall be carried out at no cost to the Federal Government.
(c) Deauthorization.--The portions of the turning basin
that are not included in the reconfigured turning basin
described in subsection (a) are not authorized after the date
of the enactment of this Act.
SEC. 313. CANAVERAL HARBOR, FLORIDA.
The project for navigation, Canaveral Harbor, Florida,
authorized by section 101(7) of the Water Resources
Development Act of 1992 (106 Stat. 4802), is modified to
authorize the Secretary to reclassify the removal and
replacement of stone protection on both sides of the channel
as general navigation features. The Secretary shall reimburse
any costs that are incurred by the non-Federal sponsor in
connection with the reclassified
[[Page 2353]]
work and that the Secretary determines to be in excess of the
non-Federal share of costs for general navigation features.
The Federal and non-Federal shares of the cost of the
reclassified work shall be determined in accordance with
section 101 of the Water Resources Development Act of 1986
(33 U.S.C. 2211).
SEC. 314. CAPTIVA ISLAND, FLORIDA.
The project for shoreline protection, Captiva Island, Lee
County, Florida, authorized pursuant to section 201 of the
Flood Control Act of 1965 (42 U.S.C. 1962d-5; 79 Stat. 1073),
is modified to direct the Secretary to reimburse the non-
Federal interest for beach nourishment work carried out by
such interest as if such work occurred after execution of the
agreement entered into pursuant to section 215 of the Flood
Control Act of 1968 (42 U.S.C. 1962d-5a) with respect to such
project if the Secretary determines that such work is
compatible with the project.
SEC. 315. CENTRAL AND SOUTHERN FLORIDA, CANAL 51.
The project for flood protection of West Palm Beach,
Florida (C-51), authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1183), is modified to provide
for the construction of an enlarged stormwater detention
area, Storm Water Treatment Area 1 East, generally in
accordance with the plan of improvements described in the
February 15, 1994, report entitled ``Everglades Protection
Project, Palm Beach County, Florida, Conceptual Design'',
with such modifications as are approved by the Secretary. The
additional work authorized by this section shall be
accomplished at Federal expense. Operation and maintenance of
the stormwater detention area shall be consistent with
regulations prescribed by the Secretary for the Central and
Southern Florida project, and all costs of such operation and
maintenance shall be provided by non-Federal interests.
SEC. 316. CENTRAL AND SOUTHERN FLORIDA, CANAL 111.
(a) In General.--The project for Central and Southern
Florida, authorized by section 203 of the Flood Control Act
of 1948 (62 Stat. 1176) and modified by section 203 of the
Flood Control Act of 1968 (82 Stat. 740-741), is modified to
authorize the Secretary to implement the recommended plan of
improvement contained in a report entitled ``Central and
Southern Florida Project, Final Integrated General
Reevaluation Report and Environmental Impact Statement, Canal
111 (C-111), South Dade County, Florida'', dated May 1994,
including acquisition by non-Federal interests of such
portions of the Frog Pond and Rocky Glades areas as are
needed for the project.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
implementing the plan of improvement shall be 50 percent.
(2) Secretary of interior responsibility.--The Secretary of
the Interior shall pay 25 percent of the cost of acquiring
such portions of the Frog Pond and Rocky Glades areas as are
needed for the project. The amount paid by the Secretary of
the Interior shall be included as part of the Federal share
of the cost of implementing the plan.
(3) Operation and maintenance.--The non-Federal share of
operation and maintenance costs of the improvements
undertaken pursuant to this section shall be 100 percent;
except that the Federal Government shall reimburse the non-
Federal interest with respect to the project 60 percent of
the costs of operating and maintaining pump stations that
pump water into Taylor Slough in the Everglades National
Park.
SEC. 317. JACKSONVILLE HARBOR (MILL COVE), FLORIDA.
The project for navigation, Jacksonville Harbor (Mill
Cove), Florida, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4139-4140), is
modified to direct the Secretary to carry out a project for
mitigation consisting of measures for flow and circulation
improvement within Mill Cove, at an estimated total Federal
cost of $2,000,000.
SEC. 318. PANAMA CITY BEACHES, FLORIDA.
(a) In General.--The project for shoreline protection,
Panama City Beaches, Florida, authorized by section 501(a) of
the Water Resources Development Act of 1986 (100 Stat. 4133),
is modified to direct the Secretary to enter into an
agreement with the non-Federal interest for carrying out such
project in accordance with section 206 of the Water Resources
Development Act of 1992 (33 U.S.C. 426i-1).
(b) Reports.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the progress made in carrying out this
section and a report on implementation of section 206 of the
Water Resources Development Act of 1992.
SEC. 319. CHICAGO, ILLINOIS.
The project for flood control, Chicagoland Underflow Plan,
Illinois, authorized by section 3(a)(5) of the Water
Resources Development Act of 1988 (102 Stat. 4013), is
modified to limit the capacity of the reservoir project to
not to exceed 11,000,000,000 gallons or 32,000 acre-feet, to
provide that the reservoir project may not be located north
of 55th Street or west of East Avenue in the vicinity of
McCook, Illinois, and to provide that the reservoir project
may be constructed only on the basis of a specific plan that
has been evaluated by the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 320. CHICAGO LOCK AND THOMAS J. O'BRIEN LOCK, ILLINOIS.
The project for navigation, Chicago Harbor, Lake Michigan,
Illinois, for which operation and maintenance responsibility
was transferred to the Secretary under chapter IV of title I
of the Supplemental Appropriations Act, 1983 (97 Stat. 311),
and section 107 of the Energy and Water Development
Appropriation Act, 1982 (95 Stat. 1137), is modified to
direct the Secretary to conduct a study to determine the
feasibility of making such structural repairs as are
necessary to prevent leakage through the Chicago Lock and the
Thomas J. O'Brien Lock, Illinois, and to determine the need
for installing permanent flow measurement equipment at such
locks to measure any leakage. The Secretary may carry out
such repairs and installations as are necessary following
completion of the study.
SEC. 321. KASKASKIA RIVER, ILLINOIS.
The project for navigation, Kaskaskia River, Illinois,
authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1175), is modified to add fish and wildlife and
habitat restoration as project purposes.
SEC. 322. LOCKS AND DAM 26, ALTON, ILLINOIS AND MISSOURI.
Section 102(l) of the Water Resources Development Act of
1990 (104 Stat. 4613) is amended--
(1) by striking ``, that requires no separable project
lands and'' and inserting ``on project lands and other
contiguous nonproject lands, including those lands referred
to as the Alton Commons. The recreational development'';
(2) by inserting ``shall be'' before ``at a Federal
construction''; and
(3) by striking ``. The recreational development'' and
inserting ``, and''.
SEC. 323. WHITE RIVER, INDIANA.
The project for flood control, Indianapolis on West Fork of
the White River, Indiana, authorized by section 5 of the Act
entitled ``An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and
other purposes'', approved June 22, 1936 (49 Stat. 1586), is
modified to authorize the Secretary to undertake riverfront
alterations as described in the Central Indianapolis
Waterfront Concept Master Plan, dated February 1994, at a
total cost of $85,975,000, with an estimated Federal cost of
$39,975,000 and an estimated non-Federal cost of $46,000,000.
The cost of work, including relocations undertaken by the
non-Federal interest after February 15, 1994, on features
identified in the Master Plan shall be credited toward the
non-Federal share of project costs.
SEC. 324. BAPTISTE COLLETTE BAYOU, LOUISIANA.
The project for navigation, Mississippi River Outlets,
Venice, Louisiana, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731), is modified to provide for
the extension of the 16-foot deep (mean low gulf) by 250-foot
wide Baptiste Collette Bayou entrance channel to
approximately mile 8 of the Mississippi River Gulf Outlet
navigation channel at a total estimated Federal cost of
$80,000, including $4,000 for surveys and $76,000 for Coast
Guard aids to navigation.
SEC. 325. LAKE PONTCHARTRAIN, LOUISIANA.
The project for hurricane damage prevention and flood
control, Lake Pontchartrain, Louisiana, authorized by section
204 of the Flood Control Act of 1965 (79 Stat. 1077), is
modified to provide that St. Bernard Parish, Louisiana, and
the Lake Borgne Basin Levee District, Louisiana, shall not be
required to pay the unpaid balance, including interest, of
the non-Federal cost-share of the project.
SEC. 326. MISSISSIPPI RIVER-GULF OUTLET, LOUISIANA.
Section 844 of the Water Resources Development Act of 1986
(100 Stat. 4177) is amended by adding at the end the
following:
``(c) Community Impact Mitigation Plan.--Using funds made
available under subsection (a), the Secretary shall implement
a comprehensive community impact mitigation plan, as
described in the evaluation report of the New Orleans
District Engineer dated August 1995, that, to the maximum
extent practicable, provides for mitigation or compensation,
or both, for the direct and indirect social and cultural
impacts that the project described in subsection (a) will
have on the affected areas referred to in subsection (b).''.
SEC. 327. TOLCHESTER CHANNEL, MARYLAND.
The project for navigation, Baltimore Harbor and Channels,
Maryland, authorized by section 101 of the River and Harbor
Act of 1958 (72 Stat. 297), is modified to direct the
Secretary--
(1) to expedite review of potential straightening of the
channel at the Tolchester Channel S-Turn; and
(2) if determined to be feasible and necessary for safe and
efficient navigation, to implement such straightening as part
of project maintenance.
SEC. 328. CROSS VILLAGE HARBOR, MICHIGAN.
(a) General Rule.--Notwithstanding section 1001 of the
Water Resources Development Act of 1986 (33 U.S.C. 579a), the
project for navigation, Cross Village Harbor, Michigan,
authorized by section 101 of the River and Harbor Act of 1966
(80 Stat. 1405), shall remain authorized to be carried out by
the Secretary.
(b) Limitation.--The project described in subsection (a)
shall not be authorized for construction after the last day
of the 5-year period that begins on the date of the enactment
of this Act unless, during such period, funds have been
obligated for the construction (including planning and
design) of the project.
[[Page 2354]]
SEC. 329. SAGINAW RIVER, MICHIGAN.
The project for flood protection, Saginaw River, Michigan,
authorized by section 203 of the Flood Control Act of 1958
(72 Stat. 311), is modified to include as part of the project
the design and construction of an inflatable dam on the Flint
River, Michigan, at a total cost of $500,000.
SEC. 330. SAULT SAINTE MARIE, CHIPPEWA COUNTY, MICHIGAN.
(a) In General.--The project for navigation, Sault Sainte
Marie, Chippewa County, Michigan, authorized by section 1149
of the Water Resources Development Act of 1986 (100 Stat.
4254-4255), is modified as follows:
(1) Payment of non-federal share.--The non-Federal share of
the cost of the project shall be paid as follows:
(A) That portion of the non-Federal share that the
Secretary determines is attributable to use of the lock by
vessels calling at Canadian ports shall be paid by the United
States.
(B) The remaining portion of the non-Federal share shall be
paid by the Great Lakes States pursuant to an agreement
entered into by such States.
(2) Payment term of additional percentage.--The amount to
be paid by non-Federal interests pursuant to section 101(a)
of the Water Resources Development Act of 1986 (33 U.S.C.
2211(a)) and this subsection with respect to the project may
be paid over a period of 50 years or the expected life of the
project, whichever is shorter.
(b) Great Lakes States Defined.--In this section, the term
``Great Lakes States'' means the States of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin.
SEC. 331. ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI.
Notwithstanding any other provision of law, Federal
assistance made available under the rural enterprise zone
program of the Department of Agriculture may be used toward
payment of the non-Federal share of the costs of the project
for flood control, St. Johns Bayou and New Madrid Floodway,
Missouri, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4118).
SEC. 332. LOST CREEK, COLUMBUS, NEBRASKA.
(a) Maximum Federal Expenditure.--The maximum amount of
Federal funds that may be allotted for the project for flood
control, Lost Creek, Columbus, Nebraska, shall be $5,500,000.
(b) Revision of Project Cooperation Agreement.--The
Secretary shall revise the project cooperation agreement for
the project referred to in subsection (a) to take into
account the change in the Federal participation in such
project pursuant to subsection (a).
SEC. 333. PASSAIC RIVER, NEW JERSEY.
Section 1148 of the Water Resources Development Act of 1986
(100 Stat. 4254) is amended to read as follows:
``SEC. 1148. PASSAIC RIVER BASIN.
``(a) Acquisition of Lands.--The Secretary may acquire from
willing sellers lands on which residential structures are
located and that are subject to frequent and recurring flood
damage, as identified in the supplemental floodway report of
the Corps of Engineers, Passaic River Buyout Study, September
1995, at an estimated total cost of $194,000,000.
``(b) Retention of Lands for Flood Protection.--Lands
acquired by the Secretary under this section shall be
retained by the Secretary for future use in conjunction with
flood protection and flood management in the Passaic River
Basin.
``(c) Cost Sharing.--The non-Federal share of the cost of
carrying out this section shall be 25 percent plus any amount
that might result from application of subsection (d).
``(d) Applicability of Benefit-Cost Ratio Waiver
Authority.--In evaluating and implementing the project under
this section, the Secretary shall allow the non-Federal
interest to participate in the financing of the project in
accordance with section 903(c), to the extent that the
Secretary's evaluation indicates that applying such section
is necessary to implement the project.''.
SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO.
The second sentence of section 1113(b) of the Water
Resources Development Act of 1986 (100 Stat. 4232) is amended
by inserting before the period at the end the following: ``;
except that the Federal share of reconnaissance studies
carried out by the Secretary under this section shall be 100
percent''.
SEC. 335. JONES INLET, NEW YORK.
The project for navigation, Jones Inlet, New York,
authorized by section 2 of the Act entitled ``An Act
authorizing the construction, repair, and preservation of
certain public works on rivers and harbors, and for other
purposes'', approved March 2, 1945 (59 Stat. 13), is modified
to direct the Secretary to place uncontaminated dredged
material on beach areas downdrift from the federally
maintained channel to the extent that such work is necessary
to mitigate the interruption of littoral system natural
processes caused by the jetty and continued dredging of the
federally maintained channel.
SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA.
(a) Acquisition of Easements.--
(1) In general.--The Secretary may acquire, from willing
sellers, permanent flowage and saturation easements over--
(A) the land in Williams County, North Dakota, extending
from the riverward margin of the Buford Trenton Irrigation
District main canal to the north bank of the Missouri River,
beginning at the Buford Trenton Irrigation District pumping
station located in the NE\1/4\ of section 17, T-152-N, R-104-
W, and continuing northeasterly downstream to the land
referred to as the East Bottom; and
(B) any other land outside the boundaries of the land
described in subparagraph (A) within or contiguous to the
boundaries of the Buford Trenton Irrigation District that has
been affected by rising ground water and the risk of surface
flooding.
(2) Scope.--Any easements acquired by the Secretary under
paragraph (1) shall include the right, power, and privilege
of the Federal Government to submerge, overflow, percolate,
and saturate the surface and subsurface of the lands and such
other terms and conditions as the Secretary considers
appropriate.
(3) Payment.--In acquiring easements under paragraph (1),
the Secretary shall pay an amount based on the unaffected fee
value of the lands to be acquired by the Federal Government.
For the purpose of this paragraph, the unaffected fee value
of the lands is the value of the lands as if the lands had
not been affected by rising ground water and the risk of
surface flooding.
(b) Conveyance of Drainage Pumps.--The Secretary shall--
(1) convey to the Buford Trenton Irrigation District all
right, title, and interest of the United States in the
drainage pumps located within the boundaries of the District;
and
(2) provide a lump-sum payment of $60,000 for power
requirements associated with the operation of the drainage
pumps.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $34,000,000.
SEC. 337. RENO BEACH-HOWARDS FARM, OHIO.
The project for flood protection, Reno Beach-Howards Farm,
Ohio, authorized by section 203 of the Flood Control Act of
1948 (62 Stat. 1178), is modified to provide that the value
of lands, easements, rights-of-way, and disposal areas that
are necessary to carry out the project and are provided by
the non-Federal interest shall be determined on the basis of
the appraisal performed by the Corps of Engineers and dated
April 4, 1985.
SEC. 338. BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA.
The project for flood control and water supply, Broken Bow
Lake, Red River Basin, Oklahoma, authorized by section 203 of
the Flood Control Act of 1958 (72 Stat. 309) and modified by
section 203 of the Flood Control Act of 1962 (76 Stat. 1187)
and section 102(v) of the Water Resources Development Act of
1992 (106 Stat. 4808), is further modified to provide for the
reallocation of a sufficient quantity of water supply storage
space in Broken Bow Lake to support the Mountain Fork trout
fishery. Releases of water from Broken Bow Lake for the
Mountain Fork trout fishery as mitigation for the loss of
fish and wildlife resources in the Mountain Fork River shall
be carried out at no expense to the State of Oklahoma.
SEC. 339. WISTER LAKE PROJECT, LEFLORE COUNTY, OKLAHOMA.
The Secretary shall maintain a minimum conservation pool
level of 478 feet at the Wister Lake project in LeFlore
County, Oklahoma, authorized by section 4 of the Act entitled
``An Act authorizing the construction of certain public works
on rivers and harbors for flood control, and for other
purposes'', approved June 28, 1938 (52 Stat. 1218).
Notwithstanding title I of the Water Resources Development
Act of 1986 (33 U.S.C. 2211 et seq.) or any other provision
of law, any increase in water supply yield that results from
the pool level of 478 feet shall be treated as unallocated
water supply until such time as a user enters into a contract
for the supply under such applicable laws concerning cost-
sharing as are in effect on the date of the contract.
SEC. 340. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON AND
WASHINGTON.
(a) In General.--The project for Bonneville Lock and Dam,
Columbia River, Oregon and Washington, authorized by the Act
of August 20, 1937 (50 Stat. 731), and modified by section 83
of the Water Resources Development Act of 1974 (88 Stat. 35),
is further modified to authorize the Secretary to convey to
the city of North Bonneville, Washington, at no further cost
to the city, all right, title and interest of the United
States in and to the following:
(1) Any municipal facilities, utilities fixtures, and
equipment for the relocated city, and any remaining lands
designated as open spaces or municipal lots not previously
conveyed to the city, specifically, Lots M1 through M15, M16
(the ``community center lot''), M18, M19, M22, M24, S42
through S45, and S52 through S60.
(2) The ``school lot'' described as Lot 2, block 5, on the
plat of relocated North Bonneville.
(3) Parcels 2 and C, but only upon the completion of any
environmental response actions required under applicable law.
(4) That portion of Parcel B lying south of the existing
city boundary, west of the sewage treatment plant, and north
of the drainage ditch that is located adjacent to the
northerly limit of the Hamilton Island landfill, if the
Secretary determines, at the time of the proposed conveyance,
that the Department of the Army has taken all action
necessary to protect human health and the environment.
(5) Such portions of Parcel H as can be conveyed without a
requirement for further investigation, inventory, or other
action by the Department of the Army under the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
[[Page 2355]]
(6) Such easements as the Secretary considers necessary
for--
(A) sewer and water line crossings of relocated Washington
State Highway 14; and
(B) reasonable public access to the Columbia River across
those portions of Hamilton Island that remain under the
ownership of the United States.
(b) Time Period for Conveyances.--The conveyances referred
to in subsections (a)(1), (a)(2), (a)(5), and (a)(6)(A) shall
be completed within 180 days after the United States receives
the release referred to in subsection (d). All other
conveyances shall be completed expeditiously, subject to any
conditions specified in the applicable subsection.
(c) Purpose.--The purpose of the conveyances authorized by
subsection (a) is to resolve all outstanding issues between
the United States and the city of North Bonneville.
(d) Acknowledgement of Payment; Release of Claims Relating
to Relocation of City.--As a prerequisite to the conveyances
authorized by subsection (a), the city of North Bonneville
shall execute an acknowledgement of payment of just
compensation and shall execute a release of any and all
claims for relief of any kind against the United States
arising out of the relocation of the city of North
Bonneville, or any prior Federal legislation relating
thereto, and shall dismiss, with prejudice, any pending
litigation, if any, involving such matters.
(e) Release by Attorney General.--Upon receipt of the
city's acknowledgment and release referred to in subsection
(d), the Attorney General of the United States shall dismiss
any pending litigation, if any, arising out of the relocation
of the city of North Bonneville, and execute a release of any
and all rights to damages of any kind under Town of North
Bonneville, Washington v. United States, 11 Cl. Ct. 694,
affirmed in part and reversed in part, 833 F.2d 1024 (Fed.
Cir. 1987), cert. denied, 485 U.S. 1007 (1988), including any
interest thereon.
(f) Acknowledgment of Entitlements; Release by City of
Claims.--Within 60 days after the conveyances authorized by
subsection (a) (other than paragraph (6)(B)) have been
completed, the city shall execute an acknowledgement that all
entitlements under such paragraph have been completed and
shall execute a release of any and all claims for relief of
any kind against the United States arising out of this
section.
(g) Effects on City.--Beginning on the date of the
enactment of this Act, the city of North Bonneville, or any
successor in interest thereto, shall--
(1) be precluded from exercising any jurisdiction over any
lands owned in whole or in part by the United States and
administered by the Corps of Engineers in connection with the
Bonneville project; and
(2) be authorized to change the zoning designations of,
sell, or resell Parcels S35 and S56, which are presently
designated as open spaces.
SEC. 341. COLUMBIA RIVER DREDGING, OREGON AND WASHINGTON.
The project for navigation, Lower Willamette and Columbia
Rivers below Vancouver, Washington, and Portland, Oregon,
authorized by the 1st section of the Act entitled ``An Act
making appropriations for the construction, repair,
preservation, and completion of certain public works on
rivers and harbors, and for other purposes'', approved June
18, 1878 (20 Stat. 157), is modified to direct the
Secretary--
(1) to conduct channel simulation and to carry out
improvements to the existing deep draft channel between the
mouth of the river and river mile 34 at a cost not to exceed
$2,400,000; and
(2) to conduct overdepth and advance maintenance dredging
that is necessary to maintain authorized channel dimensions.
SEC. 342. LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA.
(a) In General.--The project for flood control, Lackawanna
River at Scranton, Pennsylvania, authorized by section
101(17) of the Water Resources Development Act of 1992 (106
Stat. 4803), is modified to direct the Secretary to carry out
the project for flood control for the Plot and Green Ridge
sections of the project.
(b) Applicability of Benefit-Cost Ratio Waiver Authority.--
In evaluating and implementing the project, the Secretary
shall allow the non-Federal interest to participate in the
financing of the project in accordance with section 903(c) of
the Water Resources Development Act of 1986 (100 Stat. 4184),
to the extent that the Secretary's evaluation indicates that
applying such section is necessary to implement the project.
SEC. 343. MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY,
PENNSYLVANIA.
Section 209(e)(5) of the Water Resources Development Act of
1992 (106 Stat. 4830) is amended by striking ``$3,000,000''
and inserting ``$5,000,000''.
SEC. 344. SCHUYLKILL RIVER, PENNSYLVANIA.
The navigation project for the Schuylkill River,
Pennsylvania, authorized by the 1st section of the Act
entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers
and harbors, and for other purposes'', approved August 8,
1917 (40 Stat. 252), is modified to provide for the periodic
removal and disposal of sediment to provide for a depth of 6
feet within portions of the Fairmount pool between the
Fairmount Dam and the Columbia Bridge, generally within the
limits of the channel alignments referred to as the
Schuylkill River Racecourse and return lane, and the Belmont
Water Works intakes and Boathouse Row.
SEC. 345. SOUTH CENTRAL PENNSYLVANIA.
(a) Cost Sharing.--Section 313(d)(3)(A) of the Water
Resources Development Act of 1992 (106 Stat. 4846) is amended
to read as follows:
``(A) In general.--Total project costs under each local
cooperation agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent non-
Federal. The Federal share may be provided in the form of
grants or reimbursements of project costs. The non-Federal
interests shall receive credit--
``(i) for design and construction services and other in-
kind work, whether occurring subsequent to, or within 6 years
prior to, entering into an agreement with the Secretary; and
``(ii) for grants and the value of work performed on behalf
of such interests by State and local agencies, as determined
by the Secretary.''.
(b) Authorization of Appropriations.--Section 313(g)(1) of
such Act (106 Stat. 4846) is amended by striking
``$50,000,000'' and inserting ``$80,000,000''.
(c) Section Heading.--The heading to section 313 of such
Act is amended to read as follows:
``SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVIRONMENT
IMPROVEMENT PROGRAM.''.
SEC. 346. WYOMING VALLEY, PENNSYLVANIA.
The project for flood control, Wyoming Valley,
Pennsylvania, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4124), is
modified to authorize the Secretary--
(1) to include as part of the construction of the project
mechanical and electrical upgrades to stormwater pumping
stations in the Wyoming Valley; and
(2) to carry out mitigation measures that the Secretary
would otherwise be authorized to carry out, but for the
General Design Memorandum for phase II of the project, as
approved by the Assistant Secretary of the Army having
responsibility for civil works on February 15, 1996,
providing that such measures are to be carried out for credit
by the non-Federal interest.
SEC. 347. ALLENDALE DAM, NORTH PROVIDENCE, RHODE ISLAND.
The project for reconstruction of the Allendale Dam, North
Providence, Rhode Island, authorized by section 358 of the
Water Resources Development Act of 1992 (106 Stat. 4861), is
modified to authorize the Secretary to reconstruct the dam,
at a total cost of $350,000, with an estimated Federal cost
of $262,500 and an estimated non-Federal cost of $87,500.
SEC. 348. NARRAGANSETT, RHODE ISLAND.
Section 361(a) of the Water Resources Development Act of
1992 (106 Stat. 4861) is amended--
(1) by striking ``$200,000'' and inserting ``$1,900,000'';
(2) by striking ``$150,000'' and inserting ``$1,425,000'';
and
(3) by striking ``$50,000'' and inserting ``$475,000''.
SEC. 349. CLOUTER CREEK DISPOSAL AREA, CHARLESTON, SOUTH
CAROLINA.
(a) Transfer of Administrative Jurisdiction.--
Notwithstanding any other law, the Secretary of the Navy
shall transfer to the Secretary administrative jurisdiction
over the approximately 1,400 acres of land under the
jurisdiction of the Department of the Navy that comprise a
portion of the Clouter Creek disposal area, Charleston, South
Carolina.
(b) Use of Transferred Land.--The land transferred under
subsection (a) shall be used by the Department of the Army as
a dredged material disposal area for dredging activities in
the vicinity of Charleston, South Carolina, including the
Charleston Harbor navigation project.
(c) Cost Sharing.--Operation and maintenance, including
rehabilitation, of the dredged material disposal area
transferred under this section shall be carried out in
accordance with section 101 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211).
SEC. 350. BUFFALO BAYOU, TEXAS.
The non-Federal interest for the projects for flood
control, Buffalo Bayou and tributaries, Texas, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat. 1258)
and by section 101(a)(21) of the Water Resources Development
Act of 1990 (104 Stat. 4610), may be reimbursed by up to
$5,000,000 or may receive a credit of up to $5,000,000 toward
required non-Federal project cost-sharing contributions for
work performed by the non-Federal interest at each of the
following locations if such work is compatible with 1 or more
of the following authorized projects: White Oak Bayou, Brays
Bayou, Hunting Bayou, Garners Bayou, and the Upper Reach on
Greens Bayou.
SEC. 351. DALLAS FLOODWAY EXTENSION, DALLAS, TEXAS.
(a) In General.--The project for flood control, Dallas
Floodway Extension, Dallas, Texas, authorized by section 301
of the River and Harbor Act of 1965 (79 Stat. 1091), is
modified to provide that flood protection works constructed
by the non-Federal interests along the Trinity River in
Dallas, Texas, for Rochester Park and the Central Wastewater
Treatment Plant shall be included as a part of the project
and the cost of such works shall be credited against the non-
Federal share of project costs.
(b) Determination of Amount.--The amount to be credited
under subsection (a)
[[Page 2356]]
shall be determined by the Secretary. In determining such
amount, the Secretary may permit credit only for that portion
of the work performed by the non-Federal interests that is
compatible with the project referred to in subsection (a),
including any modification thereof, and that is required for
construction of such project.
(c) Cash Contribution.--Nothing in this section shall be
construed to limit the applicability of the requirement
contained in section 103(a)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(a)(1)(A)) to the
project referred to in subsection (a).
SEC. 352. GRUNDY, VIRGINIA.
The Secretary shall proceed with planning, engineering,
design, and construction of the Grundy, Virginia, element of
the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River project, authorized by section 202 of the
Energy and Water Development Appropriation Act, 1981 (94
Stat. 1339), in accordance with Plan 3A as set forth in the
preliminary draft detailed project report of the Huntington
District Commander, dated August 1993.
SEC. 353. HAYSI LAKE, VIRGINIA.
The Haysi Lake, Virginia, feature of the project for flood
control, Tug Fork of the Big Sandy River, Kentucky, West
Virginia, and Virginia, authorized pursuant to section 202(a)
of the Energy and Water Development Appropriation Act, 1981
(94 Stat. 1339), is modified--
(1) to add recreation and fish and wildlife enhancement as
project purposes;
(2) to direct the Secretary to construct the Haysi Dam
feature of the project substantially in accordance with Plan
A as set forth in the Draft General Plan Supplement Report
for the Levisa Fork Basin, Virginia and Kentucky, dated May
1995;
(3) to direct the Secretary to apply section 103(m) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(m);
100 Stat. 4087) to the construction of such feature in the
same manner as that section is applied to other projects or
project features constructed pursuant to such section 202(a);
and
(4) to provide for operation and maintenance of
recreational facilities on a reimbursable basis.
SEC. 354. RUDEE INLET, VIRGINIA BEACH, VIRGINIA.
The project for navigation and shoreline protection, Rudee
Inlet, Virginia Beach, Virginia, authorized by section 601(d)
of the Water Resources Development Act of 1986 (100 Stat.
4148), is modified to authorize the Secretary to continue
maintenance of the project for 50 years beginning on the date
of initial construction of the project. The Federal share of
the cost of such maintenance shall be determined in
accordance with title I of the Water Resources Development
Act of 1986 (33 U.S.C. 2211 et seq.).
SEC. 355. VIRGINIA BEACH, VIRGINIA.
(a) Adjustment of Non-Federal Share.--Notwithstanding any
other provision of law, the non-Federal share of the costs of
the project for beach erosion control and hurricane
protection, Virginia Beach, Virginia, authorized by section
501(a) of the Water Resources Development Act of 1986 (100
Stat. 4136), shall be reduced by $3,120,803 or by such amount
as is determined by an audit carried out by the Department of
the Army to be due to the city of Virginia Beach as
reimbursement for beach nourishment activities carried out by
the city between October 1, 1986, and September 30, 1993, if
the Federal Government has not reimbursed the city for the
activities prior to the date on which a project cooperation
agreement is executed for the project.
(b) Extension of Federal Participation.--
(1) In general.--In accordance with section 156 of the
Water Resources Development Act of 1976 (42 U.S.C. 1962d-5f),
the Secretary shall extend Federal participation in the
periodic nourishment of Virginia Beach as authorized by
section 101 of the River and Harbor Act of 1954 (68 Stat.
1254) and modified by section 101 of the River and Harbor Act
of 1962 (76 Stat. 1177).
(2) Duration.--Federal participation under paragraph (1)
shall extend until the earlier of--
(A) the end of the 50-year period provided for in section
156 of the Water Resources Development Act of 1976 (42 U.S.C.
1962d-5f); and
(B) the completion of the project for beach erosion control
and hurricane protection, Virginia Beach, Virginia, as
modified by section 102(cc) of the Water Resources
Development Act of 1992 (106 Stat. 4810).
SEC. 356. EAST WATERWAY, WASHINGTON.
The project for navigation, East and West Waterways,
Seattle Harbor, Washington, authorized by the 1st section of
the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved March 2, 1919 (40 Stat. 1285), is modified to direct
the Secretary--
(1) to expedite review of potential deepening of the
channel in the East waterway from Elliott Bay to Terminal 25
to a depth of up to 51 feet; and
(2) if determined to be feasible, to implement such
deepening as part of project maintenance.
In carrying out work authorized by this section, the
Secretary shall coordinate with the Port of Seattle regarding
use of Slip 27 as a dredged material disposal area.
SEC. 357. BLUESTONE LAKE, WEST VIRGINIA.
Section 102(ff) of the Water Resources Development Act of
1992 (106 Stat. 4810) is amended by inserting after
``project,'' the 1st place it appears ``except for that
organic matter necessary to maintain and enhance the
biological resources of such waters and such nonobtrusive
items of debris as may not be economically feasible to
prevent being released through such project,''.
SEC. 358. MOOREFIELD, WEST VIRGINIA.
(a) Review.--The Secretary, as part of the implementation
of the project for flood control, Moorefield, West Virginia,
shall conduct a review of the activities of the Corps of
Engineers to determine whether the failure of the Corps of
Engineers to complete land acquisition for the project by May
1, 1996, contributed to any flood damages at the town of
Moorefield during 1996.
(b) Reduction of Non-Federal Share.--To the extent the
Secretary determines under subsection (a) that the activities
of the Corps of Engineers contributed to any flood damages,
the Secretary shall reduce the non-Federal share of the flood
control project by up to $700,000. Such costs shall become a
Federal responsibility for carrying out the flood control
project.
SEC. 359. SOUTHERN WEST VIRGINIA.
(a) Cost Sharing.--Section 340(c)(3) of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended to read
as follows:
``(3) Cost sharing.--
``(A) In general.--Total project costs under each local
cooperation agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent non-
Federal. The Federal share may be in the form of grants or
reimbursements of project costs.
``(B) Credit for design work.--The non-Federal interest
shall receive credit for the reasonable costs of design work
completed by such interest prior to entering into a local
cooperation agreement with the Secretary for a project. The
credit for such design work shall not exceed 6 percent of the
total construction costs of the project.
``(C) Credit for interest.--In the event of a delay in the
funding of the non-Federal share of a project that is the
subject of an agreement under this section, the non-Federal
interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of a project's
cost.
``(D) Credit for lands, easements, and rights-of-way.--The
non-Federal interest shall receive credit for lands,
easements, rights-of-way, and relocations toward its share of
project costs (including all reasonable costs associated with
obtaining permits necessary for the construction, operation,
and maintenance of such project on publicly owned or
controlled lands), but not to exceed 25 percent of total
project costs.
``(E) Operation and maintenance.--Operation and maintenance
costs for projects constructed with assistance provided under
this section shall be 100 percent non-Federal.''.
(b) Funding.--Section 340(g) of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended by
striking ``$5,000,000'' and inserting ``$20,000,000''.
SEC. 360. WEST VIRGINIA TRAILHEAD FACILITIES.
Section 306 of the Water Resources Development Act of 1992
(106 Stat. 4840-4841) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) Interagency Agreement.--The Secretary shall enter
into an interagency agreement with the Federal entity that
provided assistance in the preparation of the study for the
purposes of providing ongoing technical assistance and
oversight for the trail facilities envisioned by the plan
developed under this section. The Federal entity shall
provide such assistance and oversight.''.
SEC. 361. KICKAPOO RIVER, WISCONSIN.
(a) In General.--The project for flood control and allied
purposes, Kickapoo River, Wisconsin, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1190) and
modified by section 814 of the Water Resources Development
Act of 1986 (100 Stat. 4169), is further modified as provided
by this section.
(b) Transfer of Property.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary shall transfer to the State of
Wisconsin, without consideration, all right, title, and
interest of the United States to the lands described in
paragraph (3), including all works, structures, and other
improvements to such lands.
(2) Transfer to secretary of the interior.--Subject to the
requirements of this subsection, on the date of the transfer
under paragraph (1), the Secretary shall transfer to the
Secretary of the Interior, without consideration, all right,
title, and interest of the United States to lands that are
culturally and religiously significant sites of the Ho-Chunk
Nation (a federally recognized Indian tribe) and are located
within the lands described in paragraph (3). Such lands shall
be described in accordance with paragraph (4)(C) and may not
exceed a total of 1,200 acres.
(3) Land description.--The lands to be transferred pursuant
to paragraphs (1) and (2) are the approximately 8,569 acres
of land associated with the LaFarge Dam and Lake portion of
the project referred to in subsection (a) in Vernon County,
Wisconsin, in the following sections:
(A) Section 31, Township 14 North, Range 1 West of the 4th
Principal Meridian.
(B) Sections 2 through 11, and 16, 17, 20, and 21, Township
13 North, Range 2 West of the 4th Principal Meridian.
(C) Sections 15, 16, 21 through 24, 26, 27, 31, and 33
through 36, Township 14 North, Range 2 West of the 4th
Principal Meridian.
[[Page 2357]]
(4) Terms and conditions.--
(A) Hold harmless; reimbursement of united states.--The
transfer under paragraph (1) shall be made on the condition
that the State of Wisconsin enters into a written agreement
with the Secretary to hold the United States harmless from
all claims arising from or through the operation of the lands
and improvements subject to the transfer. If title to the
lands described in paragraph (3) is sold or transferred by
the State, the State shall reimburse the United States for
the price originally paid by the United States for purchasing
such lands.
(B) In general.--The Secretary shall make the transfers
under paragraphs (1) and (2) only if on or before October 31,
1997, the State of Wisconsin enters into and submits to the
Secretary a memorandum of understanding, as specified in
subparagraph (C), with the tribal organization (as defined by
section 4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))) of the Ho-Chunk Nation.
(C) Memorandum of understanding.--The memorandum of
understanding referred to in subparagraph (B) shall contain,
at a minimum, the following:
(i) A description of sites and associated lands to be
transferred to the Secretary of the Interior under paragraph
(2).
(ii) An agreement specifying that the lands transferred
under paragraphs (1) and (2) shall be preserved in a natural
state and developed only to the extent necessary to enhance
outdoor recreational and educational opportunities.
(iii) An agreement specifying the terms and conditions of a
plan for the management of the lands to be transferred under
paragraphs (1) and (2).
(iv) A provision requiring a review of the plan referred to
in clause (iii) to be conducted every 10 years under which
the State of Wisconsin, acting through the Kickapoo Valley
Governing Board, and the Ho-Chunk Nation may agree to
revisions to the plan in order to address changed
circumstances on the lands transferred under paragraph (2).
Such provision may include a plan for the transfer by the
State to the United States of any additional site discovered
to be culturally and religiously significant to the Ho-Chunk
Nation.
(v) An agreement preventing or limiting the public
disclosure of the location or existence of each site of
particular cultural or religious significance to the Ho-Chunk
Nation if public disclosure would jeopardize the cultural or
religious integrity of the site.
(5) Administration of lands.--The lands transferred to the
Secretary of the Interior under paragraph (2), and any lands
transferred to the Secretary of the Interior under the
memorandum of understanding entered into under paragraph (4),
or under any revision of such memorandum of understanding,
shall be held in trust by the United States for, and added to
and administered as part of the reservation of, the Ho-Chunk
Nation.
(6) Transfer of flowage easements.--The Secretary shall
transfer to the owner of the servient estate, without
consideration, all right, title, and interest of the United
States in and to each flowage easement acquired as part of
the project referred to in subsection (a) within Township 14
North, Range 2 West of the 4th Principal Meridian, Vernon
County, Wisconsin.
(7) Deauthorization.--Except as provided in subsection (c),
the LaFarge Dam and Lake portion of the project referred to
in subsection (a) is not authorized after the date of the
transfer under this subsection.
(8) Interim management and maintenance.--The Secretary
shall continue to manage and maintain the LaFarge Dam and
Lake portion of the project referred to in subsection (a)
until the date of the transfer under this subsection.
(c) Completion of Project Features.--
(1) Requirement.--The Secretary shall undertake the
completion of the following features of the project referred
to in subsection (a):
(A) The continued relocation of State highway route 131 and
county highway routes P and F substantially in accordance
with plans contained in Design Memorandum No. 6, Relocation-
LaFarge Reservoir, dated June 1970; except that the
relocation shall generally follow the existing road rights-
of-way through the Kickapoo Valley.
(B) Site restoration of abandoned wells, farm sites, and
safety modifications to the water control structures.
(2) Additional requirements.--All activities undertaken
pursuant to this subsection shall comply with the Native
American Graves Protection and Repatriation Act (25 U.S.C.
3001 et seq.), the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.), the National Historic
Preservation Act (16 U.S.C. 470 et seq.), and any subsequent
Federal law enacted relating to cultural artifacts, human
remains, or historic preservation.
(3) Participation by state of wisconsin and the ho-chunk
nation.--In undertaking completion of the features under
paragraph (1), the Secretary shall consult with the State of
Wisconsin and the Ho-Chunk Nation on the location of each
feature.
(d) Funding.--There is authorized to be appropriated to
carry out this section $17,000,000.
SEC. 362. TETON COUNTY, WYOMING.
Section 840 of the Water Resources Development Act of 1986
(100 Stat. 4176) is amended--
(1) by striking ``: Provided, That'' and inserting ``;
except that'';
(2) by striking ``in cash or materials'' and inserting ``,
through providing in-kind services or cash or materials,'';
and
(3) by adding at the end the following: ``In carrying out
this section, the Secretary may enter into agreements with
the non-Federal sponsor permitting the non-Federal sponsor to
perform operation and maintenance for the project on a cost-
reimbursable basis.''.
SEC. 363. PROJECT REAUTHORIZATIONS.
(a) Grand Prairie Region and Bayou Meto Basin, Arkansas.--
The project for flood control, Grand Prairie Region and Bayou
Meto Basin, Arkansas, authorized by section 204 of the Flood
Control Act of 1950 (64 Stat. 174) and deauthorized pursuant
to section 1001(b) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)), is authorized to be carried out by
the Secretary; except that the scope of the project includes
ground water protection and conservation, agricultural water
supply, and waterfowl management if the Secretary determines
that the change in the scope of the project is technically
sound, environmentally acceptable, and economic, as
applicable.
(b) White River, Arkansas.--The project for navigation,
White River Navigation to Batesville, Arkansas, authorized by
section 601(a) of the Water Resources Development Act of 1986
(100 Stat. 4139) and deauthorized by section 52(b) of the
Water Resources Development Act of 1988 (102 Stat. 4044), is
authorized to be carried out by the Secretary.
(c) Des Plaines River, Illinois.--The project for wetlands
research, Des Plaines River, Illinois, authorized by section
45 of the Water Resources Development Act of 1988 (102 Stat.
4041) and deauthorized pursuant to section 1001(b) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a(b)),
is authorized to be carried out by the Secretary.
(d) Alpena Harbor, Michigan.--The project for navigation,
Alpena Harbor, Michigan, authorized by section 301 of the
River and Harbor Act of 1965 (79 Stat. 1090) and deauthorized
pursuant to section 1001(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a(b)), is authorized to
be carried out by the Secretary.
(e) Ontonagon Harbor, Ontonagon County, Michigan.--The
project for navigation, Ontonagon Harbor, Ontonagon County,
Michigan, authorized by section 101 of the River and Harbor
Act of 1962 (76 Stat. 1176) and deauthorized pursuant to
section 1001(b) of the Water Resources Development Act of
1986 (33 U.S.C. 579a(b)), is authorized to be carried out by
the Secretary.
(f) Knife River Harbor, Minnesota.--The project for
navigation, Knife River Harbor, Minnesota, authorized by
section 100 of the Water Resources Development Act of 1974
(88 Stat. 41) and deauthorized pursuant to section 1001(b) of
the Water Resources Development Act of 1986 (33 U.S.C.
579a(b)), is authorized to be carried out by the Secretary.
(g) Cliffwood Beach, New Jersey.--The project for
hurricane-flood protection and beach erosion control on
Raritan Bay and Sandy Hook Bay, New Jersey, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat. 1181)
and deauthorized pursuant to section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary.
SEC. 364. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of
the enactment of this Act:
(1) Branford harbor, connecticut.--The 2,267 square foot
portion of the project for navigation in the Branford River,
Branford Harbor, Connecticut, authorized by the 1st section
of the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved June 13, 1902 (32 Stat. 333), lying shoreward of a
line described as follows: Beginning at a point on the
authorized Federal navigation channel line the coordinates of
which are N156,181.32, E581,572.38, running thence south 70
degrees, 11 minutes, 8 seconds west a distance of 171.58 feet
to another point on the authorized Federal navigation channel
line the coordinates of which are N156,123.16, E581,410.96.
(2) Bridgeport harbor, connecticut.--
(A) Anchorage area.--The portion of the project for
navigation, Bridgeport Harbor, Connecticut, authorized by
section 101 of the River and Harbor Act of 1958 (72 Stat.
297), consisting of a 2-acre anchorage area with a depth of 6
feet at the head of Johnsons River between the Federal
channel and Hollisters Dam.
(B) Johnsons river channel.--The portion of the project for
navigation, Johnsons River Channel, Bridgeport Harbor,
Connecticut, authorized by the 1st section of the Act
entitled ``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved July 24, 1946 (60 Stat.
634), that is northerly of a line across the Federal channel
the coordinates of which are north 123318.35, east 486301.68,
and north 123257.15, east 486380.77.
(3) Guilford harbor, connecticut.--The portion of the
project for navigation, Guilford Harbor, Connecticut,
authorized by section 2 of the Act entitled ``An Act
authorizing the construction, repair, and preservation of
certain public works on rivers and harbors, and for other
purposes'', approved March 2, 1945 (59 Stat. 13), that
consists of the 6-foot deep channel in Sluice Creek and that
is not included in the following description of the realigned
channel: Beginning at a point where the Sluice Creek Channel
intersects with the main entrance channel, N159194.63,
E623201.07, thence running north
[[Page 2358]]
24 degrees, 58 minutes, 15.2 seconds west 478.40 feet to a
point N159628.31, E622999.11, thence running north 20
degrees, 18 minutes, 31.7 seconds west 351.53 feet to a point
N159957.99, E622877.10, thence running north 69 degrees, 41
minutes, 37.9 seconds east 55.00 feet to a point N159977.08,
E622928.69, thence turning and running south 20 degrees, 18
minutes, 31.0 seconds east 349.35 feet to a point N159649.45,
E623049.94, thence turning and running south 24 degrees, 58
minutes, 11.1 seconds east 341.36 feet to a point N159340.00,
E623194.04, thence turning and running south 90 degrees, 0
minutes, 0 seconds east 78.86 feet to a point N159340.00,
E623272.90.
(4) Mystic river, connecticut.--The following portion of
the project for improving the Mystic River, Connecticut,
authorized by the 1st section of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 4, 1913 (37 Stat.
802): Beginning in the 15-foot deep channel at coordinates
north 190860.82, east 814416.20, thence running southeast
about 52.01 feet to the coordinates north 190809.47, east
814424.49, thence running southwest about 34.02 feet to
coordinates north 190780.46, east 814406.70, thence running
north about 80.91 feet to the point of beginning.
(5) Norwalk harbor, connecticut.--
(A) In general.--The following portions of projects for
navigation, Norwalk Harbor, Connecticut:
(i) The portion authorized by the 1st section of the Act
entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers
and harbors, and for other purposes'', approved March 2, 1919
(40 Stat. 1276), that lies northerly of a line across the
Federal channel having coordinates N104199.72, E417774.12 and
N104155.59, E417628.96.
(ii) The portions of the 6-foot deep East Norwalk Channel
and Anchorage, authorized by section 2 of the Act entitled
``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (59 Stat.
13), that are not included in the description of the
realigned channel and anchorage set forth in subparagraph
(B).
(B) Description of realigned channel and anchorage.--The
realigned 6-foot deep East Norwalk Channel and Anchorage
referred to in subparagraph (A)(ii) is described as follows:
Beginning at a point on the East Norwalk Channel, N95743.02,
E419581.37, thence running northwesterly about 463.96 feet to
a point N96197.93, E419490.18, thence running northwesterly
about 549.32 feet to a point N96608.49, E419125.23, thence
running northwesterly about 384.06 feet to a point N96965.94,
E418984.75, thence running northwesterly about 407.26 feet to
a point N97353.87, E418860.78, thence running westerly about
58.26 feet to a point N97336.26, E418805.24, thence running
northwesterly about 70.99 feet to a point N97390.30,
E418759.21, thence running westerly about 71.78 feet to a
point on the anchorage limit N97405.26, E418689.01, thence
running southerly along the western limits of the Federal
anchorage in existence on the date of the enactment of this
Act until reaching a point N95893.74, E419449.17, thence
running in a southwesterly direction about 78.74 feet to a
point on the East Norwalk Channel N95815.62, E419439.33.
(C) Designation of realigned channel and anchorage.--All of
the realigned channel shall be redesignated as an anchorage,
with the exception of the portion of the channel that narrows
to a width of 100 feet and terminates at a line the
coordinates of which are N96456.81, E419260.06 and N96390.37,
E419185.32, which shall remain as a channel.
(6) Patchogue river, westbrook, connecticut.--
(A) In general.--The following portion of the project for
navigation, Patchogue River, Connecticut, authorized by
section 101 of the River and Harbor Act of 1954 (68 Stat.
1249): A portion of the 8-foot deep channel that lies
northwesterly of a line whose coordinates are N161108.83,
E676901.34 and N161246.53, E677103.75. The perimeter of this
area starts at a point with coordinates N161108.83,
E676901.34, thence running north 7 degrees, 50 minutes, 44.2
seconds west 27.91 feet to a point N161136.48, E676897.53,
thence running north 55 degrees, 46 minutes, 23.3 seconds
east 190.05 feet to a point N161243.38, E677054.67, thence
running north 86 degrees, 19 minutes, 39.9 seconds east 49.18
feet to a point N161246.53, E677103.75, thence running south
55 degrees, 46 minutes, 20.8 seconds west 244.81 feet to the
point of origin.
(B) Redesignation.--The portion of the project for
navigation, Patchogue River, Connecticut, referred to in
subparagraph (A), which is now part of the 8-foot deep
anchorage lying northwesterly of a line whose coordinates are
N161067.46, E676982.76 and N161173.63, E677138.81, is
redesignated as part of the 8-foot deep channel. The
perimeter of this area starts at a point with coordinates
N161067.46, E676982.76, thence running north 7 degrees, 48
minutes, 40.7 seconds west 5.59 feet to a point N161073.00,
E676982.00, thence running north 55 degrees, 46 minutes, 25.1
seconds east 177.79 feet to a point N161173.00, E677129.00,
thence running north 86 degrees, 19 minutes, 31.8 seconds
east 9.83 feet to a point N161173.63, E677138.81, thence
running south 55 degrees, 46 minutes, 12.9 seconds west
188.74 feet to the point of origin.
(7) Southport harbor, connecticut.--
(A) In general.--The following portions of the project for
navigation, Southport Harbor, Connecticut, authorized by the
1st section of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved August 30, 1935 (49 Stat. 1029):
(i) The 6-foot deep anchorage located at the head of the
project.
(ii) The portion of the 9-foot deep channel beginning at a
bend in the channel the coordinates of which are north
109131.16, east 452653.32, running thence in a northeasterly
direction about 943.01 feet to a point the coordinates of
which are north 109635.22, east 453450.31, running thence in
a southeasterly direction about 22.66 feet to a point the
coordinates of which are north 109617.15, east 453463.98,
running thence in a southwesterly direction about 945.18 feet
to the point of beginning.
(B) Remainder.--The portion of the project referred to in
subparagraph (A) that is remaining after the deauthorization
made by subparagraph (A) and that is northerly of a line the
coordinates of which are north 108699.15, east 452768.36, and
north 108655.66, east 452858.73, is redesignated as an
anchorage.
(8) Stony creek, connecticut.--The following portion of the
project for navigation, Stony Creek, Connecticut, authorized
under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), located in the 6-foot deep maneuvering basin:
Beginning at coordinates N157,031.91, E599,030.79, thence
running northeasterly about 221.16 feet to coordinates
N157,191.06, E599,184.37, thence running northerly about
162.60 feet to coordinates N157,353.56, E599,189.99, thence
running southwesterly about 358.90 feet to the point of
beginning.
(9) East boothbay harbor, maine.--The following portion of
the navigation project for East Boothbay Harbor, Maine,
authorized by the 1st section of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved June 25, 1910 (36 Stat.
657), containing approximately 1.15 acres and described in
accordance with the Maine State Coordinate System, West Zone:
Beginning at a point noted as point number 6 and shown as
having plan coordinates of North 9, 722, East 9, 909, on the
plan entitled, ``East Boothbay Harbor, Maine, examination, 8-
foot area'', and dated August 9, 1955, Drawing Number F1251
D-6-2, that point having Maine State Coordinate System, West
Zone coordinates of Northing 74514, Easting 698381.
Thence, North 58 degrees, 12 minutes, 30 seconds East a
distance of 120.9 feet to a point.
Thence, South 72 degrees, 21 minutes, 50 seconds East a
distance of 106.2 feet to a point.
Thence, South 32 degrees, 04 minutes, 55 seconds East a
distance of 218.9 feet to a point.
Thence, South 61 degrees, 29 minutes, 40 seconds West a
distance of 148.9 feet to a point.
Thence, North 35 degrees, 14 minutes, 12 seconds West a
distance of 87.5 feet to a point.
Thence, North 78 degrees, 30 minutes, 58 seconds West a
distance of 68.4 feet to a point.
Thence, North 27 degrees, 11 minutes, 39 seconds West a
distance of 157.3 feet to the point of beginning.
(10) Kennebunk river, maine.--The portion of the project
for navigation, Kennebunk River, Maine, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1173) and
consisting of a 6-foot deep channel that lies northerly of a
line the coordinates of which are N191412.53, E417265.28 and
N191445.83, E417332.48.
(11) York harbor, maine.--The following portions of the
project for navigation, York Harbor, Maine, authorized by
section 101 of the River and Harbor Act of 1960 (74 Stat.
480):
(A) The portion located in the 8-foot deep anchorage area
beginning at coordinates N109340.19, E372066.93, thence
running north 65 degrees, 12 minutes, 10.5 seconds east
423.27 feet to a point N109517.71, E372451.17, thence running
north 28 degrees, 42 minutes, 58.3 seconds west 11.68 feet to
a point N109527.95, E372445.56, thence running south 63
degrees, 37 minutes, 24.6 seconds west 422.63 feet to the
point of beginning.
(B) The portion located in the 8-foot deep anchorage area
beginning at coordinates N108557.24, E371645.88, thence
running south 60 degrees, 41 minutes, 17.2 seconds east
484.51 feet to a point N108320.04, E372068.36, thence running
north 29 degrees, 12 minutes, 53.3 seconds east 15.28 feet to
a point N108333.38, E372075.82, thence running north 62
degrees, 29 minutes, 42.1 seconds west 484.73 feet to the
point of beginning.
(12) Chelsea river, boston harbor, massachusetts.--The
following portion of the project for navigation, Boston
Harbor, Massachusetts, authorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1173), consisting of a 35-
foot deep channel in the Chelsea River: Beginning at a point
on the northern limit of the existing project N505357.84,
E724519.19, thence running northeasterly about 384.19 feet
along the northern limit of the existing project to a bend on
the northern limit of the existing project N505526.87,
E724864.20, thence running southeasterly about 368.00 feet
along the northern limit of the existing project to another
point N505404.77, E725211.35, thence running westerly about
594.53 feet to a point N505376.12,
[[Page 2359]]
E724617.51, thence running southwesterly about 100.00 feet to
the point of origin.
(13) Cohasset harbor, massachusetts.--The following
portions of the project for navigation, Cohasset Harbor,
Massachusetts, authorized by section 2 of the Act entitled
``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (59 Stat.
12), and authorized pursuant to section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577): A 7-foot deep anchorage
and a 6-foot deep anchorage; beginning at site 1, beginning
at a point N453510.15, E792664.63, thence running south 53
degrees 07 minutes 05.4 seconds west 307.00 feet to a point
N453325.90, E792419.07, thence running north 57 degrees 56
minutes 36.8 seconds west 201.00 feet to a point N453432.58,
E792248.72, thence running south 88 degrees 57 minutes 25.6
seconds west 50.00 feet to a point N453431.67, E792198.73,
thence running north 01 degree 02 minutes 52.3 seconds west
66.71 feet to a point N453498.37, E792197.51, thence running
north 69 degrees 12 minutes 52.3 seconds east 332.32 feet to
a point N453616.30, E792508.20, thence running south 55
degrees 50 minutes 24.1 seconds east 189.05 feet to the point
of origin; then site 2, beginning at a point, N452886.64,
E791287.83, thence running south 00 degrees 00 minutes 00.0
seconds west 56.04 feet to a point, N452830.60, E791287.83,
thence running north 90 degrees 00 minutes 00.0 seconds west
101.92 feet to a point, N452830.60, E791185.91, thence
running north 52 degrees 12 minutes 49.7 seconds east 89.42
feet to a point, N452885.39, E791256.58, thence running north
87 degrees 42 minutes 33.8 seconds east 31.28 feet to the
point of origin; and site 3, beginning at a point,
N452261.08, E792040.24, thence running north 89 degrees 07
minutes 19.5 seconds east 118.78 feet to a point, N452262.90,
E792159.01, thence running south 43 degrees 39 minutes 06.8
seconds west 40.27 feet to a point, N452233.76, E792131.21,
thence running north 74 degrees 33 minutes 29.1 seconds west
94.42 feet to a point, N452258.90, E792040.20, thence running
north 01 degree 03 minutes 04.3 seconds east 2.18 feet to the
point of origin.
(14) Falmouth, massachusetts.--
(A) Deauthorizations.--The following portions of the
project for navigation, Falmouth Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1948
(62 Stat. 1172):
(i) The portion commencing at a point north 199286.37 east
844394.81 a line running north 73 degrees 09 minutes 29
seconds east 440.34 feet to a point north 199413.99 east
844816.36, thence turning and running north 43 degrees 09
minutes 34.5 seconds east 119.99 feet to a point north
199501.52 east 844898.44, thence turning and running south 66
degrees 52 minutes 03.5 seconds east 547.66 feet returning to
a point north 199286.41 east 844394.91.
(ii) The portion commencing at a point north 199647.41 east
845035.25 a line running north 43 degrees 09 minutes 33.1
seconds east 767.15 feet to a point north 200207.01 east
845560.00, thence turning and running north 11 degrees 04
minutes 24.3 seconds west 380.08 feet to a point north
200580.01 east 845487.00, thence turning and running north 22
degrees 05 minutes 50.8 seconds east 1332.36 feet to a point
north 201814.50 east 845988.21, thence turning and running
north 02 degrees 54 minutes 15.7 seconds east 15.0 feet to a
point north 201829.48 east 845988.97, thence turning and
running south 24 degrees 56 minutes 42.3 seconds west 1410.29
feet returning to the point north 200550.75 east 845394.18.
(B) Redesignation.--The portion of the project for
navigation, Falmouth, Massachusetts, referred to in
subparagraph (A) upstream of a line designated by the 2
points north 199463.18 east 844496.40 and north 199350.36
east 844544.60 is redesignated as an anchorage area.
(15) Mystic river, massachusetts.--The following portion of
the project for navigation, Mystic River, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1950
(64 Stat. 164): The 35-foot deep channel beginning at a point
on the northern limit of the existing project, N506243.78,
E717600.27, thence running easterly about 1000.00 feet along
the northern limit of the existing project to a point,
N506083.42, E718587.33, thence running southerly about 40.00
feet to a point, N506043.94, E718580.91, thence running
westerly about 1000.00 feet to a point, N506204.29,
E717593.85, thence running northerly about 40.00 feet to the
point of origin.
(16) Reserved channel, boston, massachusetts.--The portion
of the project for navigation, Reserved Channel, Boston,
Massachusetts, authorized by section 101(a)(13) of the Water
Resources Development Act of 1990 (104 Stat. 4607), that
consists of a 40-foot deep channel beginning at a point along
the southern limit of the authorized project, N489391.22,
E728246.54, thence running northerly about 54 feet to a
point, N489445.53, E728244.97, thence running easterly about
2,926 feet to a point, N489527.38, E731170.41, thence running
southeasterly about 81 feet to a point, N489474.87,
E731232.55, thence running westerly about 2,987 feet to the
point of origin.
(17) Weymouth-fore and town rivers, massachusetts.--The
following portions of the project for navigation, Weymouth-
Fore and Town Rivers, Boston Harbor, Massachusetts,
authorized by section 301 of the River and Harbor Act of 1965
(79 Stat. 1089):
(A) The 35-foot deep channel beginning at a bend on the
southern limit of the existing project, N457394.01,
E741109.74, thence running westerly about 405.25 feet to a
point, N457334.64, E740708.86, thence running southwesterly
about 462.60 feet to another bend in the southern limit of
the existing project, N457132.00, E740293.00, thence running
northeasterly about 857.74 feet along the southern limit of
the existing project to the point of origin.
(B) The 15 and 35-foot deep channels beginning at a point
on the southern limit of the existing project, N457163.41,
E739903.49, thence running northerly about 111.99 feet to a
point, N457275.37, E739900.76, thence running westerly about
692.37 feet to a point N457303.40, E739208.96, thence running
southwesterly about 190.01 feet to another point on the
southern limit of the existing project, N457233.17,
E739032.41, thence running easterly about 873.87 feet along
the southern limit of the existing project to the point of
origin.
(18) Cocheco river, new hampshire.--
(A) In general.--The portion of the project for navigation,
Cocheco River, New Hampshire, authorized by the 1st section
of the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved September 19, 1890 (26 Stat. 436), and consisting of
a 7-foot deep channel that lies northerly of a line the
coordinates of which are N255292.31, E713095.36, and
N255334.51, E713138.01.
(B) Maintenance dredging.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall
perform maintenance dredging for the remaining authorized
portions of the Federal navigation channel under the project
described in subparagraph (A) to restore authorized channel
dimensions.
(19) Morristown harbor, new york.--The portion of the
project for navigation, Morristown Harbor, New York,
authorized by the 1st section of the Act entitled ``An Act
authorizing the construction, repair, and preservation of
certain public works on rivers and harbors, and for other
purposes'', approved January 21, 1927 (44 Stat. 1014), that
lies north of the northern boundary of Morris Street
extended.
(20) Oswegatchie river, ogdensburg, new york.--The portion
of the Federal channel of the project for navigation,
Ogdensburg Harbor, New York, authorized by the 1st section of
the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved June 25, 1910 (36 Stat. 635), and modified by the
1st section of the Act entitled ``An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved August 30, 1935 (49 Stat. 1037), that is in the
Oswegatchie River in Ogdensburg, New York, from the
southernmost alignment of the Route 68 bridge upstream to the
northernmost alignment of the Lake Street bridge.
(21) Conneaut harbor, ohio.--The most southerly 300 feet of
the 1,670-foot long Shore Arm of the project for navigation,
Conneaut Harbor, Ohio, authorized by the 1st section of the
Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'',
approved June 25, 1910 (36 Stat. 653).
(22) Lorain small boat basin, lake erie, ohio.--The portion
of the Federal navigation channel, Lorain Small Boat Basin,
Lake Erie, Ohio, authorized pursuant to section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577) that is situated
in the State of Ohio, County of Lorain, Township of Black
River and is a part of Original Black River Township Lot
Number 1, Tract Number 1, further known as being submerged
lands of Lake Erie owned by the State of Ohio, and that is
more definitely described as follows:
Commencing at a drill hole found on the centerline of
Lakeside Avenue (60 feet in width) at the intersection of the
centerline of the East Shorearm of Lorain Harbor, that point
being known as United States Corps of Engineers Monument No.
203 (N658012.20, E208953.88).
Thence, in a line north 75 degrees 26 minutes 12 seconds
west, a distance of 387.87 feet to a point (N658109.73,
E2089163.47). This point is hereinafter in this paragraph
referred to as the ``principal point of beginning''.
Thence, north 58 degrees 14 minutes 11 seconds west, a
distance of 50.00 feet to a point (N658136.05, E2089120.96).
Thence, south 67 degrees 49 minutes 32 seconds west, a
distance of 665.16 feet to a point (N657885.00, E2088505.00).
Thence, north 88 degrees 13 minutes 52 seconds west, a
distance of 551.38 feet to a point (N657902.02, E2087953.88).
Thence, north 29 degrees 17 minutes 42 seconds east, a
distance of 114.18 feet to a point (N658001.60, E2088009.75).
Thence, south 88 degrees 11 minutes 40 seconds east, a
distance of 477.00 feet to a point (N657986.57, E2088486.51).
Thence, north 68 degrees 11 minutes 06 seconds east, a
distance of 601.95 feet to a point (N658210.26, E2089045.35).
Thence, north 35 degrees 11 minutes 34 seconds east, a
distance of 89.58 feet to a point (N658283.47, E2089096.98).
Thence, south 20 degrees 56 minutes 30 seconds east, a
distance of 186.03 feet to the principal point of beginning
(N658109.73, E2089163.47) and containing within such bounds
2.81 acres, more or less, of submerged land.
(23) Apponaug cove, rhode island.--The following portion of
the project for navigation, Apponaug Cove, Rhode Island,
authorized by section 101 of the River and Harbor
[[Page 2360]]
Act of 1960 (74 Stat. 480), consisting of the 6-foot deep
channel: Beginning at a point, N223269.93, E513089.12, thence
running northwesterly to a point N223348.31, E512799.54,
thence running southwesterly to a point N223251.78,
E512773.41, thence running southeasterly to a point
N223178.00, E513046.00, thence running northeasterly to the
point of beginning.
(24) Port washington harbor, wisconsin.--The following
portion of the navigation project for Port Washington Harbor,
Wisconsin, authorized by the 1st section of the Act entitled
``An Act making appropriations for the repair, preservation,
and completion of certain public works on rivers and harbors,
and for other purposes, for the fiscal year ending June
thirtieth, eighteen hundred and seventy-one'', approved July
11, 1870 (16 Stat. 223): Beginning at the northwest corner of
the project at Channel Pt. No. 36, of the Federal Navigation
Project, Port Washington Harbor, Ozaukee County, Wisconsin,
at coordinates N513529.68, E2535215.64, thence 188 degrees 31
minutes 59 seconds, a distance of 178.32 feet, thence 196
degrees 47 minutes 17 seconds, a distance of 574.80 feet,
thence 270 degrees 58 minutes 25 seconds, a distance of
465.50 feet, thence 178 degrees 56 minutes 17 seconds, a
distance of 130.05 feet, thence 87 degrees 17 minutes 05
seconds, a distance of 510.22 feet, thence 104 degrees 58
minutes 31 seconds, a distance of 178.33 feet, thence 115
degrees 47 minutes 55 seconds, a distance of 244.15 feet,
thence 25 degrees 12 minutes 08 seconds, a distance of 310.00
feet, thence 294 degrees 46 minutes 50 seconds, a distance of
390.20 feet, thence 16 degrees 56 minutes 16 seconds, a
distance of 570.90 feet, thence 266 degrees 01 minutes 25
seconds, a distance of 190.78 feet to Channel Pt. No. 36, the
point of beginning.
SEC. 365. MISSISSIPPI DELTA REGION, LOUISIANA.
The Mississippi Delta Region project, Louisiana, authorized
as part of the project for hurricane-flood protection on Lake
Pontchartrain, Louisiana, by section 204 of the Flood Control
Act of 1965 (79 Stat. 1077), is modified to direct the
Secretary to provide a credit to the State of Louisiana
toward its non-Federal share of the cost of the project. The
credit shall be for the cost incurred by the State in
developing and relocating oyster beds to offset the adverse
impacts on active and productive oyster beds in the Davis
Pond project area. The credit shall be subject to such terms
and conditions as the Secretary deems necessary and shall not
exceed $7,500,000.
SEC. 587. MONONGAHELA RIVER, PENNSYLVANIA.
The Secretary may make available to the Southwestern
Pennsylvania Growth Fund (a regional industrial development
corporation) at no additional cost to the United States,
dredged and excavated materials resulting from construction
of the new gated dam at Braddock, Pennsylvania, as part of
the Locks and Dams 2, 3, and 4, Monongahela River,
Pennsylvania, navigation project, to support environmental
restoration of the former United States Steel Duquesne Works
brownfield site--
(1) if the Pennsylvania Department of Environmental
Protection issues a ``no further action'' decision or a
mitigation plan for the site prior to a determination by the
District Engineer, Pittsburgh District, that the dredged and
excavated materials are available; and
(2) if the Southwestern Pennsylvania Growth Fund agrees to
hold and save the United States free from damages in
connection with use of the dredged and excavated materials,
except for damages due to the fault or negligence of the
United States or its contractors.
TITLE IV--STUDIES
SEC. 401. CORPS CAPABILITY STUDY, ALASKA.
Not later than 18 months after the date of the enactment of
this Act, the Secretary shall report to Congress on the
advisability and capability of the Corps of Engineers to
implement rural sanitation projects for rural and Native
villages in Alaska.
SEC. 402. RED RIVER, ARKANSAS.
The Secretary shall--
(1) conduct a study to determine the feasibility of
carrying out a project to permit navigation on the Red River
in southwest Arkansas; and
(2) in conducting the study, analyze economic benefits that
were not included in the limited economic analysis contained
in the reconnaissance report for the project dated November
1995.
SEC. 403. MCDOWELL MOUNTAIN, ARIZONA.
The Secretary shall credit toward the non-Federal share of
the cost of the feasibility study on the McDowell Mountain,
Arizona, project an amount equal to the cost of work
performed by the city of Scottsdale, Arizona, and
accomplished prior to the city's entering into an agreement
with the Secretary if the Secretary determines that the work
is necessary for the study.
SEC. 404. NOGALES WASH AND TRIBUTARIES, ARIZONA.
(a) Study.--The Secretary shall conduct a study of the
relationship of flooding in Nogales, Arizona, and floodflows
emanating from Mexico.
(b) Report.--The Secretary shall transmit to Congress a
report on the results of the study conducted under subsection
(a), together with recommendations concerning the appropriate
level of non-Federal participation in the project for flood
control, Nogales Wash and tributaries, Arizona, authorized by
section 101(a)(4) of the Water Resources Development Act of
1990 (104 Stat. 4606).
SEC. 405. GARDEN GROVE, CALIFORNIA.
The Secretary shall conduct a study to assess the
feasibility of implementing improvements in the regional
flood control system within Garden Grove, California.
SEC. 406. MUGU LAGOON, CALIFORNIA.
(a) Study.--The Secretary shall conduct a study of the
environmental impacts associated with sediment transport,
floodflows, and upstream watershed land use practices on Mugu
Lagoon, California. The study shall include an evaluation of
alternatives for the restoration of the estuarine ecosystem
functions and values associated with Mugu Lagoon and the
endangered and threatened species inhabiting the area.
(b) Consultation and Coordination.--In conducting the
study, the Secretary shall consult with the Secretary of the
Navy and shall coordinate with State and local resource
agencies to ensure that the study is compatible with
restoration efforts for the Calleguas Creek watershed.
(c) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study.
SEC. 407. MURRIETA CREEK, RIVERSIDE COUNTY, CALIFORNIA.
The Secretary shall review the completed feasibility study
of the Riverside County Flood Control and Water Conservation
District, including identified alternatives, concerning
Murrieta Creek from Temecula to Wildomar, Riverside County,
California, to determine the Federal interest in
participating in a project for flood control.
SEC. 408. PINE FLAT DAM FISH AND WILDLIFE HABITAT
RESTORATION, CALIFORNIA.
The Secretary shall study the advisability of fish and
wildlife habitat improvement measures identified for further
study by the Pine Flat Dam Fish and Wildlife Habitat
Restoration Investigation Reconnaissance Report.
SEC. 409. SANTA YNEZ, CALIFORNIA.
(a) Planning.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prepare a
comprehensive river basin management plan addressing the long
term ecological, economic, and flood control needs of the
Santa Ynez River basin, California. In preparing such plan,
the Secretary shall consult with the Santa Barbara Flood
Control District and other affected local governmental
entities.
(b) Technical Assistance.--The Secretary shall provide
technical assistance to the Santa Barbara Flood Control
District with respect to implementation of the plan to be
prepared under subsection (a).
SEC. 410. SOUTHERN CALIFORNIA INFRASTRUCTURE.
(a) Assistance.--Section 116(d)(1) of the Water Resources
Development Act of 1990 (104 Stat. 4623) is amended--
(1) in the heading of paragraph (1) by inserting ``and
assistance'' after ``Study''; and
(2) by adding at the end the following: ``In addition, the
Secretary shall provide technical assistance to non-Federal
interests in developing potential infrastructure projects.
The non-Federal share of the cost of the technical assistance
shall be 25 percent.''.
(b) Authorization of Appropriations.--Section 116(d)(3) of
such Act is amended by striking ``$1,500,000'' and inserting
``$3,000,000''.
SEC. 411. STOCKTON, CALIFORNIA.
(a) Bear Creek Drainage and Mormon Slough/Calaveras
River.--The Secretary shall conduct a review of the Bear
Creek Drainage, San Joaquin County, California, and the
Mormon Slough/Calaveras River, California, projects for flood
control authorized by section 10 of the Act entitled ``An Act
authorizing the construction of certain public works on
rivers and harbors for flood control, and for other
purposes'', approved December 22, 1944 (58 Stat. 901), to
develop a comprehensive plan for additional flood damage
reduction measures for the city of Stockton, California, and
surrounding areas.
(b) Farmington Dam, California.--
(1) Conjunctive use study.--The Secretary shall continue
participation in the Stockton, California, Metropolitan Area
Flood Control Study, including an evaluation of the
feasibility of storage of water at Farmington Dam and
implementation of a conjunctive use plan.
(2) Consultation.--In conducting the study, the Secretary
shall consult with the Stockton East Water District
concerning joint operation or potential transfer of
Farmington Dam.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress--
(A) concerning the feasibility of a conjunctive use plan
using Farmington Dam for water storage; and
(B) containing recommendations on facility transfers and
operational alternatives.
(4) Without project condition.--In conducting the Stockton,
California, Metropolitan Area Flood Control Study, the
Secretary shall consider the physical flood control and water
supply facilities as they existed in January 1996 as the
``without project'' condition.
SEC. 412. YOLO BYPASS, SACRAMENTO-SAN JOAQUIN DELTA,
CALIFORNIA.
The Secretary shall study the advisability of acquiring
land in the vicinity of the Yolo Bypass in the Sacramento-San
Joaquin Delta, California, for the purpose of environ
[[Page 2361]]
mental mitigation for the flood control project for
Sacramento, California, and other water resources projects in
the area.
SEC. 413. WEST DADE, FLORIDA.
The Secretary shall conduct a reconnaissance study to
determine the Federal interest in using the West Dade,
Florida, reuse facility to improve water quality in, and
increase the supply of surface water to, the Everglades in
order to enhance fish and wildlife habitat.
SEC. 414. SAVANNAH RIVER BASIN COMPREHENSIVE WATER RESOURCES
STUDY.
(a) In General.--The Secretary shall conduct a
comprehensive study to address the current and future needs
for flood damage prevention and reduction, water supply, and
other related water resources needs in the Savannah River
Basin.
(b) Scope.--The scope of the study shall be limited to an
analysis of water resources issues that fall within the
traditional civil works mission of the Corps of Engineers.
(c) Coordination.--Notwithstanding subsection (b), the
Secretary shall ensure that the study is coordinated with the
Environmental Protection Agency and the ongoing watershed
study of the Savannah River Basin by the Agency.
SEC. 415. CHAIN OF ROCKS CANAL, ILLINOIS.
The Secretary shall complete a limited reevaluation of the
authorized St. Louis Harbor Project in the vicinity of the
Chain of Rocks Canal, Illinois, consistent with the
authorized purposes of that project, to include evacuation of
waters collecting on the land side of the Chain of Rocks
Canal East Levee.
SEC. 416. QUINCY, ILLINOIS.
(a) Study.--The Secretary shall study and evaluate the
critical water infrastructure of the Fabius River Drainage
District, the South Quincy Drainage and Levee District, the
Sny Island Levee Drainage District, and the city of Quincy,
Illinois--
(1) to determine if additional flood protection needs of
such infrastructure should be identified or implemented;
(2) to develop a definition of critical water
infrastructure;
(3) to develop evaluation criteria; and
(4) to enhance existing geographic information system
databases to encompass relevant data that identify critical
water infrastructure for use in emergencies and in routine
operation and maintenance activities.
(b) Consideration of Other Studies.--In conducting the
study under this section, the Secretary shall consider the
recommendations of the Interagency Floodplain Management
Committee Report, the findings of the Floodplain Management
Assessment of the Upper Mississippi River and Lower Missouri
Rivers and Tributaries, and other relevant studies and
findings.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study, together with
recommendations regarding each of the objectives of the study
described in paragraphs (1) through (4) of subsection (a).
SEC. 417. SPRINGFIELD, ILLINOIS.
The Secretary shall provide assistance to the city of
Springfield, Illinois, in developing--
(1) an environmental impact statement for the proposed
development of a water supply reservoir, including the
preparation of necessary documentation in support of the
environmental impact statement; and
(2) an evaluation of the technical, economic, and
environmental impacts of such development.
SEC. 418. BEAUTY CREEK WATERSHED, VALPARAISO CITY, PORTER
COUNTY, INDIANA.
The Secretary shall conduct a study to assess the
feasibility of implementing streambank erosion control
measures and flood control measures within the Beauty Creek
watershed, Valparaiso City, Porter County, Indiana.
SEC. 419. GRAND CALUMET RIVER, HAMMOND, INDIANA.
(a) Study.--The Secretary shall conduct a study to
establish a methodology and schedule to restore the wetlands
at Wolf Lake and George Lake in Hammond, Indiana.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under
subsection (a).
SEC. 420. INDIANA HARBOR CANAL, EAST CHICAGO, LAKE COUNTY,
INDIANA.
The Secretary shall conduct a study of the feasibility of
including environmental and recreational features, including
a vegetation buffer, as part of the project for navigation,
Indiana Harbor Canal, East Chicago, Lake County, Indiana,
authorized by the 1st section of the Act entitled ``An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors,
and for other purposes'', approved June 25, 1910 (36 Stat.
657).
SEC. 421. KOONTZ LAKE, INDIANA.
The Secretary shall conduct a study of the feasibility of
implementing measures to restore Koontz Lake, Indiana,
including measures to remove silt, sediment, nutrients,
aquatic growth, and other noxious materials from Koontz Lake,
measures to improve public access facilities to Koontz Lake,
and measures to prevent or abate the deposit of sediments and
nutrients in Koontz Lake.
SEC. 422. LITTLE CALUMET RIVER, INDIANA.
(a) Study.--The Secretary shall conduct a study of the
impacts of the project for flood control, Little Calumet
River, Indiana, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4115), on
flooding and water quality in the vicinity of the Black Oak
area of Gary, Indiana.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under
subsection (a), together with recommendations for cost-
effective remediation of impacts described in subsection (a).
(c) Federal Share.--The Federal share of the cost of the
study to be conducted under subsection (a) shall be 100
percent.
SEC. 423. TIPPECANOE RIVER WATERSHED, INDIANA.
(a) Study.--The Secretary shall conduct a study of water
quality and environmental restoration needs in the Tippecanoe
River watershed, Indiana, including measures necessary to
reduce siltation in Lake Shafer and Lake Freeman.
(b) Assistance.--The Secretary shall provide technical,
planning, and design assistance to the Shafer and Freeman
Lakes Environmental Conservation Corporation in addressing
potential environmental restoration activities determined
appropriate as a result of the study conducted under
subsection (a).
SEC. 424. CALCASIEU RIVER, HACKBERRY, LOUISIANA.
The Secretary shall incorporate the portion of the
Calcasieu River in the vicinity of Hackberry, Louisiana, as
part of the overall study of the Lake Charles ship channel,
bypass channel, and general anchorage area in Louisiana, to
explore the possibility of constructing additional anchorage
areas.
SEC. 425. MORGANZA, LOUISIANA, TO GULF OF MEXICO.
(a) Study.--
(1) In general.--The Secretary shall conduct a study of the
environmental, flood control, and navigational impacts
associated with the construction of a lock structure in the
Houma Navigation Canal as an independent feature of the
overall flood damage prevention study being conducted under
the Morganza, Louisiana, to the Gulf of Mexico feasibility
study.
(2) Considerations.--In conducting the study under
paragraph (1), the Secretary shall--
(A) consult with the South Terrebonne Tidewater Management
and Conservation District and consider the District's
Preliminary Design Document dated February 1994; and
(B) evaluate the findings of the Louisiana Coastal Wetlands
Conservation and Restoration Task Force, established under
the Coastal Wetlands Planning, Protection and Restoration Act
(16 U.S.C. 3951 et seq), relating to the lock structure.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study conducted under
subsection (a), together with recommendations for immediate
implementation of the study.
SEC. 426. HURON RIVER, MICHIGAN.
The Secretary shall conduct a study to determine the
feasibility of and need for channel improvements and
associated modifications for the purpose of providing a
harbor of refuge at Huron River, Michigan.
SEC. 427. CITY OF NORTH LAS VEGAS, CLARK COUNTY, NEVADA.
The Secretary shall conduct a reconnaissance study to
determine the Federal interest in channel improvements in
channel A of the North Las Vegas Wash in the city of North
Las Vegas, Clark County, Nevada, for the purpose of flood
control.
SEC. 428. LOWER LAS VEGAS WASH WETLANDS, CLARK COUNTY,
NEVADA.
The Secretary shall conduct a study to determine the
advisability of wetland restoration and the feasibility of
erosion control in the Lower Las Vegas Wash, Nevada.
SEC. 429. NORTHERN NEVADA.
The Secretary shall conduct reconnaissance studies, in the
State of Nevada, of--
(1) the Humboldt River and its tributaries and outlets;
(2) the Truckee River and its tributaries and outlets;
(3) the Carson River and its tributaries and outlets; and
(4) the Walker River and its tributaries and outlets;
in order to determine the Federal interest in flood control,
environmental restoration, conservation of fish and wildlife,
recreation, water conservation, water quality, and toxic and
radioactive waste.
SEC. 430. SACO RIVER, NEW HAMPSHIRE.
The Secretary shall conduct a study of flooding problems
along the Saco River in Hart's Location, New Hampshire, for
the purpose of evaluating retaining walls, berms, and other
structures with a view to potential solutions involving
repair or replacement of existing structures. In conducting
the study, the Secretary shall also consider other
alternatives for flood damage reduction.
SEC. 431. BUFFALO RIVER GREENWAY, NEW YORK.
The Secretary shall conduct a study to determine the
feasibility of a potential greenway trail project along the
Buffalo River between the park system of the city of Buffalo,
New York, and Lake Erie. Such study may include preparation
of an integrated plan of development that takes into
consideration the adjacent parks, nature preserves, bikeways,
and related recreational facilities.
SEC. 432. COEYMANS, NEW YORK.
The Secretary shall conduct a reconnaissance study to
determine the Federal inter
[[Page 2362]]
est in reopening the secondary channel of the Hudson River in
the town of Coeymans, New York, which has been narrowed by
silt as a result of the construction of Coeymans middle dike
by the Corps of Engineers.
SEC. 433. NEW YORK BIGHT AND HARBOR STUDY.
Section 326(f) of the Water Resources Development Act of
1992 (106 Stat. 4851) is amended by striking ``$1,000,000''
and inserting ``$3,000,000''.
SEC. 434. PORT OF NEWBURGH, NEW YORK.
The Secretary shall conduct a study of the feasibility of
carrying out improvements for navigation at the port of
Newburgh, New York.
SEC. 435. PORT OF NEW YORK-NEW JERSEY NAVIGATION STUDY.
The Secretary shall conduct a comprehensive study of
navigation needs at the Port of New York-New Jersey
(including the South Brooklyn Marine and Red Hook Container
Terminals, Staten Island, and adjacent areas) to address
improvements, including deepening of existing channels to
depths of 50 feet or greater, that are required to provide
economically efficient and environmentally sound navigation
to meet current and future requirements.
SEC. 436. SHINNECOCK INLET, NEW YORK.
Not later than 2 years after the date of the enactment of
this Act, the Secretary shall conduct a reconnaissance study
in Shinnecock Inlet, New York, to determine the feasibility
of constructing a sand bypass system, or other appropriate
alternative, for the purposes of allowing sand to flow in its
natural east-to-west pattern and preventing the further
erosion of the beaches west of the inlet and the shoaling of
the inlet.
SEC. 437. CHAGRIN RIVER, OHIO.
The Secretary shall conduct a study of flooding problems
along the Chagrin River in Eastlake, Ohio. In conducting such
study, the Secretary shall evaluate potential solutions to
flooding from all sources, including that resulting from ice
jams, and shall evaluate the feasibility of a sedimentation
collection pit and other potential measures to reduce
flooding.
SEC. 438. CUYAHOGA RIVER, OHIO.
The Secretary shall conduct a study to evaluate the
integrity of the bulkhead system located on the Federal
channel along the Cuyahoga River in the vicinity of
Cleveland, Ohio, and shall provide to the non-Federal
interest an analysis of costs and repairs of the bulkhead
system.
SEC. 439. COLUMBIA SLOUGH, OREGON.
Not later than 2 years after the date of the enactment of
this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
complete a feasibility study for the ecosystem restoration
project at Columbia Slough, Oregon.
SEC. 440. CHARLESTON, SOUTH CAROLINA.
The Secretary shall conduct a study of the Charleston
estuary area located in Charleston, Berkeley, and Dorchester
Counties, South Carolina, for the purpose of evaluating
environmental conditions in the tidal reaches of the Ashley,
Cooper, Stono, and Wando Rivers and the lower portions of
Charleston Harbor.
SEC. 441. OAHE DAM TO LAKE SHARPE, SOUTH DAKOTA.
The Secretary shall investigate potential solutions to the
recurring flooding and related problems in the vicinity of
Pierre and Ft. Pierre, South Dakota, caused by sedimentation
in Lake Sharpe. The potential solutions to be investigated
shall include lowering of the lake level and sediment
agitation to allow for resuspension and movement of the
sediment. The investigation shall include development of a
comprehensive solution which includes consideration of
structural and nonstructural measures upstream from the lake
consisting of land treatment, sediment retention structures,
and such other measures as the Secretary determines to be
appropriate.
SEC. 442. MUSTANG ISLAND, CORPUS CHRISTI, TEXAS.
The Secretary shall conduct a study of navigation along the
south-central coast of Texas near Corpus Christi for the
purpose of determining the feasibility of constructing and
maintaining the Packery Channel on the southern portion of
Mustang Island.
SEC. 443. PRINCE WILLIAM COUNTY, VIRGINIA.
The Secretary shall conduct a study of flooding, erosion,
and other water resources problems in Prince William County,
Virginia, including an assessment of wetland protection,
erosion control, and flood damage reduction needs of the
County.
SEC. 444. PACIFIC REGION.
The Secretary may conduct studies in the interest of
navigation in that part of the Pacific region that includes
American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands.
SEC. 445. FINANCING OF INFRASTRUCTURE NEEDS OF SMALL AND
MEDIUM PORTS.
(a) Study.--The Secretary shall study the feasibility of
alternative financing mechanisms for ensuring adequate
funding for the infrastructure needs of small and medium
ports.
(b) Mechanisms To Be Studied.--Mechanisms to be studied
under subsection (a) shall include the establishment of
revolving loan funds.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report containing the results of the study
conducted under subsection (a).
SEC. 446. EVALUATION OF BEACH MATERIAL.
(a) In General.--The Secretary and the Secretary of the
Interior shall evaluate procedures and requirements used in
the selection and approval of materials to be used in the
restoration and nourishment of beaches. Such evaluation shall
address the potential effects of changing existing procedures
and requirements on the implementation of beach restoration
and nourishment projects and on the aquatic environment.
(b) Consultation.--In conducting the evaluation under this
section, the Secretaries shall consult with appropriate
Federal and State agencies.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretaries shall transmit a
report to Congress on their findings under this section.
(d) Effect on Authority of Secretary of the Interior.--
Nothing in this section is intended to affect the authority
of the Secretary of the Interior under section 8(k) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(k)).
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. LAND CONVEYANCES.
(a) Village Creek, Alabama.--
(1) In general.--Upon a determination by the Secretary that
construction of facilities associated with a commercial
enterprise is not inconsistent with the operation of the
project for flood control, Village Creek, Alabama, authorized
by section 410(a) of the Water Resources Development Act of
1986 (100 Stat. 4111), the non-Federal interest with respect
to the project may sell to private interests a parcel of land
consisting of approximately 18 acres for the purpose of
constructing facilities associated with a commercial
enterprise.
(2) Land description.--The land to be conveyed under
paragraph (1) shall consist of approximately 43 individual
tracts that are bounded on the west by Coosa Street, on the
south by 16th Avenue North, on the east by Tallapoosa Street,
and on the north by the northern boundary of lands acquired
for the project.
(3) Facilities.--The facilities shall be constructed in
accordance with local floodplain ordinances and shall not
increase flood risks of other residents in the Village Creek
floodplain.
(4) Reimbursement.--The non-Federal interest shall
reimburse the Secretary the Federal cost of acquiring the
lands to be conveyed, including relocation assistance,
demolition of structures, and administrative costs.
(5) Remaining lands.--All remaining lands acquired for the
Village Creek flood control project shall remain in public
ownership and shall be used solely for recreation purposes or
maintained as open space.
(b) Oakland Inner Harbor Tidal Canal Property,
California.--Section 205 of the Water Resources Development
Act of 1990 (104 Stat. 4633) is amended--
(1) by inserting after paragraph (2) the following:
``(3) To adjacent land owners, the United States title to
all or portions of that part of the Oakland Inner Harbor
Tidal Canal that are located within the boundaries of the
city in which such canal rests. Such conveyance shall be at
fair market value.'';
(2) by inserting after ``right-of-way'' the following: ``or
other rights considered necessary by the Secretary''; and
(3) by adding at the end the following: ``The conveyances
and processes involved shall be at no cost to the United
States.''.
(c) Mariemont, Ohio.--
(1) In general.--The Secretary shall convey to the village
of Mariemont, Ohio, at fair market value all right, title,
and interest of the United States in and to a parcel of land
(including improvements to the parcel) under the jurisdiction
of the Corps of Engineers, known as the ``Ohio River Division
Laboratory'', and described in paragraph (4).
(2) Terms and conditions.--The conveyance under paragraph
(1) shall be subject to such terms and conditions as the
Secretary considers necessary and appropriate to protect the
interests of the United States.
(3) Proceeds.--All proceeds from the conveyance under
paragraph (1) shall be deposited in the general fund of the
Treasury of the United States and credited as miscellaneous
receipts.
(4) Property description.--The parcel of land referred to
in paragraph (1) is the parcel situated in the State of Ohio,
County of Hamilton, Township 4, Fractional Range 2, Miami
Purchase, Columbia Township, Section 15, being parts of Lots
5 and 6 of the subdivision of the dower tract of the estate
of Joseph Ferris as recorded in Plat Book 4, Page 112, of the
Plat Records of Hamilton County, Ohio, Recorder's Office, and
more particularly described as follows:
Beginning at an iron pin set to mark the intersection of
the easterly line of Lot 5 of said subdivision of said dower
tract with the northerly line of the right-of-way of the
Norfolk and Western Railway Company as shown in Plat Book 27,
Page 182, Hamilton County, Ohio, Surveyor's Office.
Thence with said northerly right-of-way line south 70
degrees, 10 minutes, 13 seconds west 258.52 feet to a point.
Thence leaving the northerly right-of-way of the Norfolk
and Western Railway Company north 18 degrees, 22 minutes, 02
seconds west 302.31 feet to a point in the south line of
Mariemont Avenue.
Thence along said south line north 72 degrees, 34 minutes,
35 seconds east 167.50 feet to a point.
[[Page 2363]]
Thence leaving the south line of Mariemont Avenue north 17
degrees, 25 minutes, 25 seconds west 49.00 feet to a point.
Thence north 72 degrees, 34 minutes, 35 seconds east 100.00
feet to a point.
Thence south 17 degrees, 25 minutes, 25 seconds east 49.00
feet to a point.
Thence north 72 degrees, 34 minutes, 35 seconds east 238.90
feet to a point.
Thence south 00 degrees, 52 minutes, 07 seconds east 297.02
feet to a point in the northerly line of the Norfolk and
Western Railway Company.
Thence with said northerly right-of-way south 70 degrees,
10 minutes, 13 seconds west 159.63 feet to a point of
beginning, containing 3.22 acres, more or less.
(d) Pike Island Locks and Dam, Ohio.--
(1) In general.--Subject to this subsection, the Secretary
shall convey by quitclaim deed to the city of Steubenville,
Ohio, all right, title, and interest of the United States in
and to the approximately 12 acres of land located at the Pike
Island Locks and Dam, together with any improvements on the
land.
(2) Terms and conditions.--The conveyance by the United
States under this subsection shall be subject to such terms
and conditions as the Secretary considers appropriate to
protect the interests of the United States.
(3) Legal description of real property and payment of
costs.--The exact acreage and legal description of the real
property described in paragraph (1) shall be determined by a
survey that is satisfactory to the Secretary. The cost of the
survey shall be borne by the city of Steubenville. The city
shall also be responsible for any other costs associated with
the conveyance authorized by this subsection.
(4) Consideration of certain properties.--Properties to be
conveyed under this subsection that will be retained in
public ownership and used for public park and recreation or
other public purposes shall be conveyed without
consideration. If any such property is no longer used for
public park and recreation or other public purposes, title to
such property shall revert to the Secretary.
(e) Shenango River Lake Project, Ohio.--
(1) In general.--Subject to this subsection, the Secretary
shall convey by quitclaim deed to the Kinsman Township,
Trumbull County, Ohio, all right, title, and interest of the
United States in and to a parcel of land located at the
Shenango River Lake project consisting of approximately 1
acre, together with any improvements on the land.
(2) Terms and conditions.--The conveyance by the United
States under this subsection shall be subject to such terms
and conditions as the Secretary considers appropriate to
protect the interests of the United States.
(3) Legal description of real property and payment of
costs.--The exact acreage and legal description of the real
property described in paragraph (1) shall be determined by a
survey that is satisfactory to the Secretary. The cost of the
survey shall be borne by the Kinsman Township. The township
shall also be responsible for any other costs associated with
the conveyance authorized by this subsection.
(4) Consideration of certain properties.--Properties to be
conveyed under this subsection that will be retained in
public ownership and used for public park and recreation or
other public purposes shall be conveyed without
consideration. If any such property is no longer used for
public park and recreation or other public purposes, title to
such property shall revert to the Secretary.
(f) Eufaula Lake, Oklahoma.--
(1) In general.--The Secretary shall convey to the city of
Eufaula, Oklahoma, all right, title, and interest of the
United States in and to a parcel of land consisting of
approximately 12.5 acres located at the Eufaula Lake project.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the parcel
(as determined by the Secretary) and payment of all costs of
the United States in making the conveyance, including the
costs of--
(A) the surveys required under paragraphs (3) and (4);
(B) any other necessary survey or survey monumentation;
(C) compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(D) any coordination necessary with respect to requirements
relating to endangered species, cultural resources, and clean
air (including the costs of agency consultation and public
hearings).
(3) Land surveys.--The exact acreage and description of the
parcel to be conveyed under paragraph (1) shall be determined
by such surveys as the Secretary considers necessary. Such
surveys shall be carried out to the satisfaction of the
Secretary.
(4) Environmental baseline survey.--Prior to making the
conveyance under paragraph (1), the Secretary shall conduct
an environmental baseline survey to determine the levels of
any contamination (as of the date of the survey) for which
the United States would be responsible under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and any other
applicable law.
(5) Conditions concerning rights and easement.--The
conveyance under paragraph (1) shall be subject to existing
rights and to retention by the United States of a flowage
easement over all portions of the parcel that lie at or below
the flowage easement contour for the Eufaula Lake project.
(6) Other terms and conditions.--The conveyance under
paragraph (1) shall be subject to such other terms and
conditions as the Secretary considers necessary and
appropriate to protect the interests of the United States.
(g) Boardman, Oregon.--
(1) In general.--The Secretary shall convey to the city of
Boardman, Oregon, all right, title, and interest of the
United States in and to a parcel of land consisting of
approximately 141 acres acquired as part of the John Day Lock
and Dam project in the vicinity of such city currently under
lease to the Boardman Park and Recreation District.
(2) Consideration.--
(A) Park and recreation properties.--Properties to be
conveyed under this subsection that will be retained in
public ownership and used for public park and recreation
purposes shall be conveyed without consideration. If any such
property is no longer used for public park and recreation
purposes, title to such property shall revert to the
Secretary.
(B) Other properties.--Properties to be conveyed under this
subsection and not described in subparagraph (A) shall be
conveyed at fair market value.
(3) Conditions concerning rights and easement.--The
conveyance of properties under this subsection shall be
subject to existing first rights of refusal regarding
acquisition of the properties and to retention of a flowage
easement over portions of the properties that the Secretary
determines to be necessary for operation of the project.
(4) Other terms and conditions.--The conveyance of
properties under this subsection shall be subject to such
other terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(h) Benbrook Lake, Texas.--
(1) In general.--The Secretary shall convey all right,
title, and interest of the United States in and to a parcel
of real property located at Longhorn Park, also known as
``Pecan Valley Park'', Benbrook Lake, Benbrook, Texas,
consisting of approximately 50 acres.
(2) Consideration.--Consideration for the conveyance under
paragraph (1) shall be the fair market value of the real
property as determined by the Secretary. All costs associated
with the conveyance under paragraph (1) and such other costs
as the Secretary considers appropriate shall be borne by the
purchaser.
(3) Description of property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under paragraph (1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall
be borne by the purchaser.
(4) Additional terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance under paragraph (1) as the Secretary considers
appropriate to protect the interests of the United States.
(5) Compliance with national environmental policy act.--
Prior to the conveyance of property under paragraph (1), the
Secretary shall ensure that the conveyance complies with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(i) Tri-Cities Area, Washington.--
(1) General authority.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall make
the conveyances to the local governments referred to in
paragraph (2) of all right, title, and interest of the United
States in and to the property described in paragraph (2).
(2) Property descriptions.--
(A) Benton county, washington.--The property to be conveyed
pursuant to paragraph (1) to Benton County, Washington, is
the property in such county that is designated ``Area D'' on
Exhibit A to Army Lease No. DACW-68-1-81-43.
(B) Franklin county, washington.--The property to be
conveyed pursuant to paragraph (1) to Franklin County,
Washington, is--
(i) the 105.01 acres of property leased pursuant to Army
Lease No. DACW-68-1-77-20 as executed by Franklin County,
Washington, on April 7, 1977;
(ii) the 35 acres of property leased pursuant to
Supplemental Agreement No. 1 to Army Lease No. DACW-68-1-77-
20;
(iii) the 20 acres of property commonly known as ``Richland
Bend'', which is designated by the shaded portion of Lot 1,
Section 11, and the shaded portion of Lot 1, Section 12,
Township 9 North, Range 28 East, W.M. on Exhibit D to
Supplemental Agreement No. 2 to Army Lease No. DACW-68-1-77-
20;
(iv) the 7.05 acres of property commonly known as ``Taylor
Flat'', which is designated by the shaded portion of Lot 1,
Section 13, Township 11 North, Range 28 East, W.M. on Exhibit
D to Supplemental Agreement No. 2 to Army Lease No. DACW-68-
1-77-20;
(v) the 14.69 acres of property commonly known as ``Byers
Landing'', which is designated by the shaded portion of Lots
2 and 3, Section 2, Township 10 North, Range 28 East, W.M. on
Exhibit D to Supplemental Agreement No. 2 to Army Lease No.
DACW-68-1-77-20; and
(vi) all levees within Franklin County, Washington, as of
the date of the enactment of this Act, and the property on
which the levees are situated.
(C) City of kennewick, washington.--The property to be
conveyed pursuant to para
[[Page 2364]]
graph (1) to the city of Kennewick, Washington, is the
property in the city that is subject to the Municipal
Sublease Agreement entered into on April 6, 1989, between
Benton County, Washington, and the cities of Kennewick and
Richland, Washington.
(D) City of richland, washington.--The property to be
conveyed pursuant to paragraph (1) to the city of Richland,
Washington, is the property in the city that is subject to
the Municipal Sublease Agreement entered into on April 6,
1989, between Benton County, Washington, and the cities of
Kennewick and Richland, Washington.
(E) City of pasco, washington.--The property to be conveyed
pursuant to paragraph (1) to the city of Pasco, Washington,
is--
(i) the property in the city of Pasco, Washington, that is
leased pursuant to Army Lease No. DACW-68-1-77-10; and
(ii) all levees in the city, as of the date of the
enactment of this Act, and the property on which the levees
are situated.
(F) Port of pasco, washington.--The property to be conveyed
pursuant to paragraph (1) to the Port of Pasco, Washington,
is--
(i) the property owned by the United States that is south
of the Burlington Northern Railroad tracks in Lots 1 and 2,
Section 20, Township 9 North, Range 31 East, W.M.; and
(ii) the property owned by the United States that is south
of the Burlington Northern Railroad tracks in Lots 1, 2, 3,
and 4, in each of Sections 21, 22, and 23, Township 9 North,
Range 31 East, W.M.
(G) Additional properties.--In addition to properties
described in subparagraphs (A) through (F), the Secretary may
convey to a local government referred to in subparagraphs (A)
through (F) such properties under the jurisdiction of the
Secretary in the Tri-Cities area as the Secretary and the
local government agree are appropriate for conveyance.
(3) Terms and conditions.--
(A) In general.--The conveyances under paragraph (1) shall
be subject to such terms and conditions, including payment of
reasonable administrative costs, as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(B) Special rule for franklin county.--The property
described in paragraph (2)(B)(vi) shall be conveyed only
after Franklin County, Washington, has entered into a written
agreement with the Secretary that provides that the United
States shall continue to operate and maintain the flood
control drainage areas and pump stations on the property
conveyed and that the United States shall be provided all
easements and rights necessary to carry out that agreement.
(C) Special rule for city of pasco.--The property described
in paragraph (2)(E)(ii) shall be conveyed only after the city
of Pasco, Washington, has entered into a written agreement
with the Secretary that provides that the United States shall
continue to operate and maintain the flood control drainage
areas and pump stations on the property conveyed and that the
United States shall be provided all easements and rights
necessary to carry out that agreement.
(D) Consideration.--
(i) Park and recreation properties.--Properties to be
conveyed under this subsection that will be retained in
public ownership and used for public park and recreation
purposes shall be conveyed without consideration. If any such
property is no longer used for public park and recreation
purposes, title to such property shall revert to the
Secretary.
(ii) Other properties.--Properties to be conveyed under
this subsection and not described in clause (i) shall be
conveyed at fair market value.
(4) Lake wallula levees.--
(A) Determination of minimum safe height.--
(i) Contract.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall contract with a
private entity agreed to under clause (ii) to determine,
within 6 months after that date, the minimum safe height for
the levees of the project for flood control, Lake Wallula,
Washington. The Secretary shall have final approval of the
minimum safe height.
(ii) Agreement of local officials.--A contract shall be
entered into under clause (i) only with a private entity
agreed to by the Secretary, appropriate representatives of
Franklin County, Washington, and appropriate representatives
of the city of Pasco, Washington.
(B) Authority.--A local government may reduce, at its cost,
the height of any levee of the project for flood control,
Lake Wallula, Washington, within the boundaries of the area
under the jurisdiction of such local government to a height
not lower than the minimum safe height determined pursuant to
subparagraph (A).
(j) Applicability of Other Laws.--Any contract for sale,
deed, or other transfer of real property under this section
shall be carried out in compliance with all applicable
provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)) and other environmental laws.
SEC. 502. NAMINGS.
(a) Milt Brandt Visitors Center, California.--
(1) Designation.--The visitors center at Warm Springs Dam,
California, authorized by section 203 of the Flood Control
Act of 1962 (76 Stat. 1192), shall be known and designated as
the ``Milt Brandt Visitors Center''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the visitors center referred to in paragraph (1)
shall be deemed to be a reference to the ``Milt Brandt
Visitors Center''.
(b) Carr Creek Lake, Kentucky.--
(1) Designation.--Carr Fork Lake in Knott County, Kentucky,
authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1188), shall be known and designated as ``Carr
Creek Lake''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lake referred to in paragraph (1) shall be
deemed to be a reference to ``Carr Creek Lake''.
(c) John T. Myers Lock and Dam, Indiana and Kentucky.--
(1) Designation.--Uniontown Lock and Dam, on the Ohio
River, Indiana and Kentucky, shall be known and designated as
the ``John T. Myers Lock and Dam''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) shall
be deemed to be a reference to the ``John T. Myers Lock and
Dam''.
(d) J. Edward Roush Lake, Indiana.--
(1) Redesignation.--The lake on the Wabash River in
Huntington and Wells Counties, Indiana, authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 312), and
known as Huntington Lake, shall be known and designated as
the ``J. Edward Roush Lake''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lake referred to in paragraph (1) shall be
deemed to be a reference to the ``J. Edward Roush Lake''.
(e) Russell B. Long Lock and Dam, Red River Waterway,
Louisiana.--
(1) Designation.--Lock and Dam 4 of the Red River Waterway,
Louisiana, shall be known and designated as the ``Russell B.
Long Lock and Dam''.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the lock and dam referred to in paragraph (1) shall
be deemed to be a reference to the ``Russell B. Long Lock and
Dam''.
(f) Locks and Dams on Tennessee-Tombigbee Waterway.--
(1) Designations.--The following locks, and locks and dams,
on the Tennessee-Tombigbee Waterway, located in the States of
Alabama, Kentucky, Mississippi, and Tennessee, are designated
as follows:
(A) Gainesville Lock and Dam at Mile 266 designated as
Howell Heflin Lock and Dam.
(B) Columbus Lock and Dam at Mile 335 designated as John C.
Stennis Lock and Dam.
(C) The lock and dam at Mile 358 designated as Aberdeen
Lock and Dam.
(D) Lock A at Mile 371 designated as Amory Lock.
(E) Lock B at Mile 376 designated as Glover Wilkins Lock.
(F) Lock C at Mile 391 designated as Fulton Lock.
(G) Lock D at Mile 398 designated as John Rankin Lock.
(H) Lock E at Mile 407 designated as G.V. ``Sonny''
Montgomery Lock.
(I) Bay Springs Lock and Dam at Mile 412 designated as
Jamie Whitten Lock and Dam.
(2) Legal references.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to a lock, or lock and dam, referred to in paragraph
(1) shall be deemed to be a reference to the designation for
the lock, or lock and dam, provided in such paragraph.
SEC. 503. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
(a) In General.--The Secretary may provide technical,
planning, and design assistance to non-Federal interests for
carrying out watershed management, restoration, and
development projects at the locations described in subsection
(d).
(b) Specific Measures.--Assistance provided under
subsection (a) may be in support of non-Federal projects for
the following purposes:
(1) Management and restoration of water quality.
(2) Control and remediation of toxic sediments.
(3) Restoration of degraded streams, rivers, wetlands, and
other waterbodies to their natural condition as a means to
control flooding, excessive erosion, and sedimentation.
(4) Protection and restoration of watersheds, including
urban watersheds.
(5) Demonstration of technologies for nonstructural
measures to reduce destructive impacts of flooding.
(c) Non-Federal Share.--The non-Federal share of the cost
of assistance provided under subsection (a) shall be 50
percent.
(d) Project Locations.--The Secretary may provide
assistance under subsection (a) for projects at the following
locations:
(1) Gila River and Tributaries, Santa Cruz River, Arizona.
(2) Rio Salado, Salt River, Phoenix and Tempe, Arizona.
(3) Colusa basin, California.
(4) Los Angeles River watershed, California.
(5) Napa Valley watershed, California.
(6) Russian River watershed, California.
(7) Sacramento River watershed, California.
(8) San Pablo Bay watershed, California.
[[Page 2365]]
(9) Santa Clara Valley watershed, California.
(10) Nancy Creek, Utoy Creek, and North Peachtree Creek and
South Peachtree Creek basin, Georgia.
(11) Lower Platte River watershed, Nebraska.
(12) Juniata River watershed, Pennsylvania, including
Raystown Lake.
(13) Upper Potomac River watershed, Grant and Mineral
Counties, West Virginia.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000.
SEC. 504. ENVIRONMENTAL INFRASTRUCTURE.
Section 219 of the Water Resources Development Act of 1992
(106 Stat. 4836-4837) is amended by adding at the end the
following:
``(e) Authorization of Appropriations for Construction
Assistance.--There are authorized to be appropriated for
providing construction assistance under this section--
``(1) $10,000,000 for the project described in subsection
(c)(5);
``(2) $2,000,000 for the project described in subsection
(c)(6);
``(3) $10,000,000 for the project described in subsection
(c)(7);
``(4) $11,000,000 for the project described in subsection
(c)(8);
``(5) $20,000,000 for the project described in subsection
(c)(16); and
``(6) $20,000,000 for the project described in subsection
(c)(17).''.
SEC. 505. CORPS CAPABILITY TO CONSERVE FISH AND WILDLIFE.
Section 704(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2263(b); 100 Stat. 4157) is amended--
(1) by striking ``$5,000,000''; and inserting
``$7,000,000''; and
(2) in paragraph (4) by inserting ``and Virginia'' after
``Maryland''.
SEC. 506. PERIODIC BEACH NOURISHMENT.
(a) In General.--The Secretary shall carry out periodic
beach nourishment for each of the following projects for a
period of 50 years beginning on the date of initiation of
construction of the project:
(1) Broward county, florida.--Project for shoreline
protection, segments II and III, Broward County, Florida.
(2) Fort pierce, florida.--Project for shoreline
protection, Fort Pierce, Florida.
(3) Panama city beaches, florida.--Project for shoreline
protection, Panama City Beaches, Florida.
(4) Tybee island, georgia.--Project for beach erosion
control, Tybee Island, Georgia.
(b) Periodic Beach Nourishment Subject to Review.--
(1) Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall complete a review
of potential periodic beach nourishment for each of the
projects described in paragraph (3) in accordance with the
procedures established under section 156 of the Water
Resources Development Act of 1976 (42 U.S.C. 1962d-5f; 90
Stat. 2933).
(2) Authorization.--If the Secretary determines under
paragraph (1) that periodic beach nourishment is necessary
for a project, the Secretary shall carry out periodic beach
nourishment for the project for a period of 50 years
beginning on the date of initiation of construction of the
project.
(3) Projects.--The projects referred to in paragraph (1)
are as follows:
(A) Lee county, florida.--Project for shoreline protection,
Lee County, Captiva Island segment, Florida.
(B) Palm beach county, florida.--Project for shoreline
protection, Jupiter/Carlin, Ocean Ridge, and Boca Raton North
Beach segments, Palm Beach County, Florida.
(C) Raritan bay and sandy hook bay, new jersey.--Project
for hurricane-flood protection, Raritan Bay and Sandy Hook
Bay, New Jersey.
(D) Fire island inlet, new york.--Project for shoreline
protection, Fire Island Inlet, New York, between Gilgo State
Park and Tobay Beach to protect Ocean Parkway along the
Atlantic Ocean shoreline in Suffolk County, New York.
SEC. 507. DESIGN AND CONSTRUCTION ASSISTANCE.
The Secretary shall provide design and construction
assistance to non-Federal interests for each of the following
projects if the Secretary determines that the project is
feasible:
(1) Repair and rehabilitation of the Lower Girard Lake Dam,
Girard, Ohio, at an estimated total cost of $2,500,000.
(2) Construction of a multipurpose dam and reservoir, Bear
Valley Dam, Franklin County, Pennsylvania, at an estimated
total cost of $15,000,000.
(3) Repair and upgrade of the dam and appurtenant features
at Lake Merriweather, Little Calfpasture River, Virginia, at
an estimated total cost of $6,000,000.
SEC. 508. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of
1986 (100 Stat. 4148-4149) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(3) by adding at the end the following:
``(12) Goodyear Lake, Otsego County, New York, removal of
silt and aquatic growth;
``(13) Otsego Lake, Otsego County, New York, removal of
silt and aquatic growth and measures to address high nutrient
concentration;
``(14) Oneida Lake, Oneida County, New York, removal of
silt and aquatic growth;
``(15) Skaneateles and Owasco Lakes, New York, removal of
silt and aquatic growth and prevention of sediment deposit;
and
``(16) Twin Lakes, Paris, Illinois, removal of silt and
excess aquatic vegetation, including measures to address
excessive sedimentation, high nutrient concentration, and
shoreline erosion.''.
SEC. 509. MAINTENANCE OF NAVIGATION CHANNELS.
(a) In General.--Upon request of the non-Federal interest,
the Secretary shall be responsible for maintenance of the
following navigation channels constructed or improved by non-
Federal interests if the Secretary determines that such
maintenance is economically justified and environmentally
acceptable and that the channel was constructed in accordance
with applicable permits and appropriate engineering and
design standards:
(1) Humboldt Harbor and Bay, Fields Landing Channel,
California.
(2) Mare Island Strait, California. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(3) East Fork, Calcasieu Pass, Louisiana.
(4) Mississippi River Ship Channel, Chalmette Slip,
Louisiana.
(5) Greenville Inner Harbor Channel, Mississippi.
(6) New Madrid Harbor, Missouri. For purposes of this
section, the navigation channel shall be deemed to have been
constructed or improved by non-Federal interests.
(7) Providence Harbor Shipping Channel, Rhode Island, from
the vicinity of the Fox Point hurricane barrier to the
vicinity of the Francis Street bridge in Providence, Rhode
Island. For purposes of this section, the navigation channel
shall be deemed to have been constructed or improved by non-
Federal interests.
(8) Matagorda Ship Channel, Point Comfort Turning Basin,
Texas.
(9) Corpus Christi Ship Channel, Rincon Canal System,
Texas.
(10) Brazos Island Harbor, Texas, connecting channel to
Mexico.
(11) Blair Waterway, Tacoma Harbor, Washington.
(b) Completion of Assessment.--Not later than 6 months
after receipt of a request from a non-Federal interest for
Federal assumption of maintenance of a channel listed in
subsection (a), the Secretary shall make a determination as
provided in subsection (a) and advise the non-Federal
interest of the Secretary's determination.
SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND
PROTECTION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design
and construction assistance for water-related environmental
infrastructure and resource protection and development
projects affecting the Chesapeake Bay estuary, including
projects for sediment and erosion control, protection of
eroding shorelines, protection of essential public works,
wastewater treatment and related facilities, water supply and
related facilities, and beneficial uses of dredged material,
and other related projects that may enhance the living
resources of the estuary.
(b) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned, and will be publicly operated
and maintained.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for--
(A) the development by the Secretary, in consultation with
appropriate Federal, State, and local officials, of a
facilities or resource protection and development plan,
including appropriate engineering plans and specifications
and an estimate of expected resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation and maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall
be 75 percent.
(2) Non-federal share.--
(A) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal contribution
toward carrying out a local cooperation agreement entered
into under this section, the Secretary shall provide credit
to a non-Federal interest for the value of lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for a
project under this paragraph may not exceed 25 percent of the
total project costs.
(B) Operation and maintenance costs.--The non-Federal share
of the costs of operation and maintenance of activities
carried out under an agreement under this section shall be
100 percent.
(e) Cooperation.--In carrying out this section, the
Secretary shall cooperate with the
[[Page 2366]]
heads of appropriate Federal agencies, including--
(1) the Administrator of the Environmental Protection
Agency;
(2) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(3) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service; and
(4) the heads of such other Federal agencies and agencies
of a State or political subdivision of a State as the
Secretary determines to be appropriate.
(f) Project.--The Secretary shall establish at least 1
project under this section in each of the States of Maryland,
Virginia, and Pennsylvania.
(g) Protection of Resources.--A project established under
this section shall be carried out using such measures as are
necessary to protect environmental, historic, and cultural
resources.
(h) Report.--Not later than December 31, 1998, the
Secretary shall transmit to Congress a report on the results
of the program carried out under this section, together with
a recommendation concerning whether or not the program should
be implemented on a national basis.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 511. RESEARCH AND DEVELOPMENT PROGRAM TO IMPROVE SALMON
SURVIVAL.
(a) Salmon Survival Activities.--
(1) In general.--The Secretary shall accelerate ongoing
research and development activities, and may carry out or
participate in additional research and development
activities, for the purpose of developing innovative methods
and technologies for improving the survival of salmon,
especially salmon in the Columbia River Basin.
(2) Accelerated activities.--Accelerated research and
development activities referred to in paragraph (1) may
include research and development related to--
(A) impacts from water resources projects and other impacts
on salmon life cycles;
(B) juvenile and adult salmon passage;
(C) light and sound guidance systems;
(D) surface-oriented collector systems;
(E) transportation mechanisms; and
(F) dissolved gas monitoring and abatement.
(3) Additional activities.--Additional research and
development activities referred to in paragraph (1) may
include research and development related to--
(A) marine mammal predation on salmon;
(B) studies of juvenile salmon survival in spawning and
rearing areas;
(C) estuary and near-ocean juvenile and adult salmon
survival;
(D) impacts on salmon life cycles from sources other than
water resources projects; and
(E) other innovative technologies and actions intended to
improve fish survival, including the survival of resident
fish.
(4) Coordination.--The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes,
and the Northwest Power Planning Council.
(5) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the research and development activities
carried out under this subsection, including any
recommendations of the Secretary concerning the research and
development activities.
(6) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out research and
development activities under paragraph (3).
(b) Advanced Turbine Development.--
(1) In general.--In conjunction with the Secretary of
Energy, the Secretary shall accelerate efforts toward
developing innovative, efficient, and environmentally safe
hydropower turbines, including design of ``fish-friendly''
turbines, for use on the Columbia River hydrosystem.
(2) Authorization of appropriations.--There is authorized
to be appropriated $12,000,000 to carry out this subsection.
(c) Implementation.--Nothing in this section affects the
authority of the Secretary to implement the results of the
research and development carried out under this section or
any other law.
SEC. 512. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(a) of the Act entitled ``An Act to establish
procedures for review of tribal constitutions and bylaws or
amendments thereto pursuant to the Act of June 18, 1934 (48
Stat. 987)'', approved November 1, 1988 (102 Stat. 2944), is
amended--
(1) by striking ``(a) All Federal'' and all that follows
through ``Columbia River Gorge Commission'' and inserting the
following:
``(a) Existing Federal Lands.--
``(1) In general.--All Federal lands that are included
within the 20 recommended treaty fishing access sites set
forth in the publication of the Corps of Engineers entitled
`Columbia River Treaty Fishing Access Sites Post
Authorization Change Report', dated April 1995,''; and
(2) by adding at the end the following:
``(2) Boundary adjustments.--The Secretary of the Army, in
consultation with affected tribes, may make such minor
boundary adjustments to the lands referred to in paragraph
(1) as the Secretary determines are necessary to carry out
this title.''.
SEC. 513. GREAT LAKES CONFINED DISPOSAL FACILITIES.
(a) Assessment.--Pursuant to the responsibilities of the
Secretary under section 123 of the River and Harbor Act of
1970 (33 U.S.C. 1293a), the Secretary shall conduct an
assessment of the general conditions of confined disposal
facilities in the Great Lakes.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the assessment conducted
under subsection (a), including the following:
(1) A description of the cumulative effects of confined
disposal facilities in the Great Lakes.
(2) Recommendations for specific remediation actions for
each confined disposal facility in the Great Lakes.
(3) An evaluation of, and recommendations for, confined
disposal facility management practices and technologies to
conserve capacity at such facilities and to minimize adverse
environmental effects at such facilities throughout the Great
Lakes system.
SEC. 514. GREAT LAKES DREDGED MATERIAL TESTING AND EVALUATION
MANUAL.
The Secretary, in cooperation with the Administrator of the
Environmental Protection Agency, shall provide technical
assistance to non-Federal interests on testing procedures
contained in the Great Lakes Dredged Material Testing and
Evaluation Manual developed pursuant to section 230.2(c) of
title 40, Code of Federal Regulations.
SEC. 515. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
Section 401 of the Water Resources Development Act of 1990
(33 U.S.C. 1268 note; 104 Stat. 4644) is amended to read as
follows:
``SEC. 401. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
``(a) Great Lakes Remedial Action Plans.--
``(1) In general.--The Secretary may provide technical,
planning, and engineering assistance to State and local
governments and nongovernmental entities designated by a
State or local government in the development and
implementation of remedial action plans for Areas of Concern
in the Great Lakes identified under the Great Lakes Water
Quality Agreement of 1978.
``(2) Non-federal share.--Non-Federal interests shall
contribute, in cash or by providing in-kind contributions, 50
percent of costs of activities for which assistance is
provided under paragraph (1).
``(b) Sediment Remediation Projects.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency (acting
through the Great Lakes National Program Office), may conduct
pilot- and full-scale projects of promising technologies to
remediate contaminated sediments in freshwater coastal
regions in the Great Lakes basin. The Secretary shall conduct
not fewer than 3 full-scale projects under this subsection.
``(2) Site selection for projects.--In selecting the sites
for the technology projects, the Secretary shall give
priority consideration to Saginaw Bay, Michigan, Sheboygan
Harbor, Wisconsin, Grand Calumet River, Indiana, Ashtabula
River, Ohio, Buffalo River, New York, and Duluth-Superior
Harbor, Minnesota and Wisconsin.
``(3) Deadline for identifications.--The Secretary shall--
``(A) not later than 18 months after the date of the
enactment of this paragraph, identify the sites and
technologies for projects under this subsection; and
``(B) not later than 3 years after that date, complete each
such full-scale project.
``(4) Non-federal share.--Non-Federal interests shall
contribute 50 percent of costs of projects under this
subsection. Such costs may be paid in cash or by providing
in-kind contributions.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 1998 through 2000.''.
SEC. 516. SEDIMENT MANAGEMENT.
(a) In General.--The Secretary may enter into cooperation
agreements with non-Federal interests with respect to
navigation projects, or other appropriate non-Federal
entities, for the development of long-term management
strategies for controlling sediments at such projects.
(b) Contents of Strategies.--Each strategy developed under
subsection (a) shall--
(1) include assessments of sediment rates and composition,
sediment reduction options, dredging practices, long-term
management of any dredged material disposal facilities,
remediation of such facilities, and alternative disposal and
reuse options;
(2) include a timetable for implementation of the strategy;
and
(3) incorporate relevant ongoing planning efforts,
including remedial action planning, dredged material
management planning, harbor and waterfront development
planning, and watershed management planning.
(c) Consultation.--In developing strategies under
subsection (a), the Secretary shall consult with interested
Federal agencies, States, and Indian tribes and provide an
opportunity for public comment.
(d) Dredged Material Disposal.--
(1) Study.--The Secretary shall conduct a study to
determine the feasibility of constructing and operating an
underwater confined dredged material disposal site in the
Port of New York-New Jersey that could ac
[[Page 2367]]
commodate as much as 250,000 cubic yards of dredged material
for the purpose of demonstrating the feasibility of an
underwater confined disposal pit as an environmentally
suitable method of containing certain sediments.
(2) Report.--The Secretary shall transmit to Congress a
report on the results of the study conducted under paragraph
(1), together with any recommendations of the Secretary that
may be developed in a strategy under subsection (a).
(e) Great Lakes Tributary Model.--
(1) In general.--In consultation and coordination with the
Great Lakes States, the Secretary shall develop a tributary
sediment transport model for each major river system or set
of major river systems depositing sediment into a Great Lakes
federally authorized commercial harbor, channel maintenance
project site, or Area of Concern identified under the Great
Lakes Water Quality Agreement of 1978. Such model may be
developed as a part of a strategy developed under subsection
(a).
(2) Requirements for models.--In developing a tributary
sediment transport model under this subsection, the Secretary
shall build on data and monitoring information generated in
earlier studies and programs of the Great Lakes and their
tributaries.
(f) Great Lakes States Defined.--In this section, the term
``Great Lakes States'' means the States of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 1998 through 2001.
SEC. 517. EXTENSION OF JURISDICTION OF MISSISSIPPI RIVER
COMMISSION.
The jurisdiction of the Mississippi River Commission,
established by the 1st section of the Act of June 28, 1879
(33 U.S.C. 641; 21 Stat. 37), is extended to include--
(1) all of the area between the eastern side of the Bayou
Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf
of Mexico and the west guide levee of the Mississippi River
from Donaldsonville, Louisiana, to the Gulf of Mexico;
(2) Alexander County, Illinois; and
(3) the area in the State of Illinois from the confluence
of the Mississippi and Ohio Rivers northward to the vicinity
of Mississippi River mile 39.5, including the Len Small
Drainage and Levee District, insofar as such area is affected
by the flood waters of the Mississippi River.
SEC. 518. SENSE OF CONGRESS REGARDING ST. LAWRENCE SEAWAY
TOLLS.
It is the sense of Congress that the President should
engage in negotiations with the Government of Canada for the
purposes of--
(1) eliminating tolls along the St. Lawrence Seaway system;
and
(2) identifying ways to maximize the movement of goods and
commerce through the St. Lawrence Seaway.
SEC. 519. RECREATION PARTNERSHIP INITIATIVE.
(a) In General.--The Secretary shall promote Federal, non-
Federal, and private sector cooperation in creating public
recreation opportunities and developing the necessary
supporting infrastructure at water resources projects of the
Corps of Engineers.
(b) Infrastructure Improvements.--
(1) Recreation infrastructure improvements.--In determining
the feasibility of the public-private cooperative under
subsection (a), the Secretary shall provide such
infrastructure improvements as are necessary to support a
potential private recreational development at the Raystown
Lake Project, Pennsylvania, generally in accordance with the
Master Plan Update (1994) for the project.
(2) Agreement.--The Secretary shall enter into an agreement
with an appropriate non-Federal public entity to ensure that
the infrastructure improvements constructed by the Secretary
on non-project lands pursuant to paragraph (1) are
transferred to and operated and maintained by the non-Federal
public entity.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000.
(c) Report.--Not later than December 31, 1998, the
Secretary shall transmit to Congress a report on the results
of the cooperative efforts carried out under this section,
including the improvements required by subsection (b).
SEC. 520. FIELD OFFICE HEADQUARTERS FACILITIES.
Subject to amounts being made available in advance in
appropriations Acts, the Secretary may use Plant Replacement
and Improvement Program funds to design and construct a new
headquarters facility for--
(1) the New England Division, Waltham, Massachusetts; and
(2) the Jacksonville District, Jacksonville, Florida.
SEC. 521. EARTHQUAKE PREPAREDNESS CENTER OF EXPERTISE
EXPANSION.
Using existing resources, the Secretary shall expand the
Earthquake Preparedness Center of Expertise to address issues
in the central United States by providing the necessary
capability at an existing district office of the Corps of
Engineers near the New Madrid fault.
SEC. 522. JACKSON COUNTY, ALABAMA.
(a) In General.--The Secretary may provide technical,
planning, and design assistance to non-Federal interests for
wastewater treatment and related facilities, remediation of
point and nonpoint sources of pollution and contaminated
riverbed sediments, and related activities in Jackson County,
Alabama, including the city of Stevenson.
(b) Cost Sharing.--The Federal cost of assistance provided
under this section may not exceed $3,000,000. The non-Federal
share of assistance provided under this section shall be 25
percent.
SEC. 523. BENTON AND WASHINGTON COUNTIES, ARKANSAS.
Section 220 of the Water Resources Development Act of 1992
(106 Stat. 4836-4837) is amended by adding at the end the
following:
``(c) Use of Federal Funds.--The Secretary may make
available to the non-Federal interests funds not to exceed an
amount equal to the Federal share of the total project cost
to be used by the non-Federal interests to undertake the work
directly or by contract.''.
SEC. 524. HEBER SPRINGS, ARKANSAS.
(a) In General.--The Secretary shall enter into an
agreement with the city of Heber Springs, Arkansas, to
provide 3,522 acre-feet of water supply storage in Greers
Ferry Lake, Arkansas, for municipal and industrial purposes,
at no cost to the city.
(b) Necessary Facilities.--The city of Heber Springs shall
be responsible for 100 percent of the costs of construction,
operation, and maintenance of any intake, transmission,
treatment, or distribution facility necessary for utilization
of the water supply.
(c) Additional Water Supply Storage.--Any additional water
supply storage required after the date of the enactment of
this Act shall be contracted for and reimbursed by the city
of Heber Springs, Arkansas.
SEC. 525. MORGAN POINT, ARKANSAS.
The Secretary shall accept as in-kind contributions for the
project for creation of fish and wildlife habitat at Morgan
Point, Arkansas--
(1) the items described as fish and wildlife facilities and
land in the Morgan Point Bendway Closure Structure
modification report for the project, dated February 1994; and
(2) fish stocking activities carried out by the non-Federal
interests for the project;
if the Secretary determines that the items and activities are
compatible with the project.
SEC. 526. CALAVERAS COUNTY, CALIFORNIA.
(a) Technical Assistance.--The Secretary may provide
technical assistance to non-Federal interests, in cooperation
with Federal and State agencies, for reclamation and water
quality protection projects for the purpose of abating and
mitigating surface water quality degradation caused by
abandoned mines in the watershed of the lower Mokelume River
in Calaveras County, California.
(b) Consultation With Federal Entities.--Any project under
subsection (a) that is located on lands owned by the United
States shall be undertaken in consultation with the Federal
entity with administrative jurisdiction over such lands.
(c) Federal Share.--The Federal share of the cost of the
activities conducted under subsection (a) shall be 50
percent; except that, with respect to projects located on
lands owned by the United States, the Federal share shall be
100 percent.
(d) Effect on Authority of Secretary of the Interior.--
Nothing in this section is intended to affect the authority
of the Secretary of the Interior under title IV of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,500,000.
SEC. 527. FAULKNER ISLAND, CONNECTICUT.
In consultation with the Director of the United States Fish
and Wildlife Service, the Secretary shall design and
construct shoreline protection measures for the coastline
adjacent to the Faulkner Island Lighthouse, Connecticut, at a
total cost of $4,500,000.
SEC. 528. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
(a) Definitions.--In this section, the following
definitions apply:
(1) Central and southern florida project.--The term
``Central and Southern Florida Project'' means the project
for Central and Southern Florida authorized under the heading
``central and southern florida'' in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176), and any modification to
the project authorized by law.
(2) Commission.--The term ``Commission'' means the
Governor's Commission for a Sustainable South Florida,
established by Executive Order of the Governor dated March 3,
1994.
(3) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(4) South florida ecosystem.--The term ``South Florida
ecosystem'' means the area consisting of the lands and waters
within the boundary of the South Florida Water Management
District, including the Everglades, the Florida Keys, and the
contiguous near-shore coastal waters of South Florida.
(5) Task force.--The term ``Task Force'' means the South
Florida Ecosystem Restoration Task Force established by
subsection (f).
(b) Restoration Activities.--
(1) Comprehensive plan.--
(A) Development.--
(i) Purpose.--The Secretary shall develop, as expeditiously
as practicable, a proposed comprehensive plan for the purpose
of restoring, preserving, and protecting the South Florida
ecosystem. The comprehensive plan shall provide for the
protection of water quality in, and the reduction of the loss
of
[[Page 2368]]
fresh water from, the Everglades. The comprehensive plan
shall include such features as are necessary to provide for
the water-related needs of the region, including flood
control, the enhancement of water supplies, and other
objectives served by the Central and Southern Florida
Project.
(ii) Considerations.--The comprehensive plan shall--
(I) be developed by the Secretary in cooperation with the
non-Federal project sponsor and in consultation with the Task
Force; and
(II) consider the conceptual framework specified in the
report entitled ``Conceptual Plan for the Central and
Southern Florida Project Restudy'', published by the
Commission and approved by the Governor.
(B) Submission.--Not later than July 1, 1999, the Secretary
shall--
(i) complete the feasibility phase of the Central and
Southern Florida Project comprehensive review study as
authorized by section 309(l) of the Water Resources
Development Act of 1992 (106 Stat. 4844), and by 2
resolutions of the Committee on Public Works and
Transportation of the House of Representatives, dated
September 24, 1992; and
(ii) submit to Congress the plan developed under
subparagraph (A)(i) consisting of a feasibility report and a
programmatic environmental impact statement covering the
proposed Federal action set forth in the plan.
(C) Additional studies and analyses.--Notwithstanding the
completion of the feasibility report under subparagraph (B),
the Secretary shall continue to conduct such studies and
analyses as are necessary, consistent with subparagraph
(A)(i).
(2) Use of existing authority for unconstructed project
features.--The Secretary shall design and construct any
features of the Central and Southern Florida Project that are
authorized on the date of the enactment of this Act or that
may be implemented in accordance with the Secretary's
authority to modify an authorized project, including features
authorized under sections 315 and 316, with funds that are
otherwise available, if the Secretary determines that the
design and construction--
(A) will accelerate the restoration, preservation, and
protection of the South Florida ecosystem;
(B) will be generally consistent with the conceptual
framework described in paragraph (1)(A)(ii)(II); and
(C) will be compatible with the overall authorized purposes
of the Central and Southern Florida Project.
(3) Critical restoration projects.--
(A) In general.--In addition to the activities described in
paragraphs (1) and (2), if the Secretary, in cooperation with
the non-Federal project sponsor and the Task Force,
determines that a restoration project for the South Florida
ecosystem will produce independent, immediate, and
substantial restoration, preservation, and protection
benefits, and will be generally consistent with the
conceptual framework described in paragraph (1)(A)(ii)(II),
the Secretary shall proceed expeditiously with the
implementation of the restoration project.
(B) Initiation of projects.--After September 30, 1999, no
new projects may be initiated under subparagraph (A).
(C) Authorization of appropriations.--
(i) In general.--There is authorized to be appropriated to
the Department of the Army to pay the Federal share of the
cost of carrying out projects under subparagraph (A)
$75,000,000 for the period consisting of fiscal years 1997
through 1999.
(ii) Federal share.--The Federal share of the cost of
carrying out any 1 project under subparagraph (A) shall be
not more than $25,000,000.
(4) General provisions.--
(A) Water quality.--In carrying out activities described in
this subsection and sections 315 and 316, the Secretary--
(i) shall take into account the protection of water quality
by considering applicable State water quality standards; and
(ii) may include in projects such features as are necessary
to provide water to restore, preserve, and protect the South
Florida ecosystem.
(B) Compliance with applicable law.--In carrying out the
activities described in this subsection and subsection (c),
the Secretary shall comply with any applicable Federal law,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(C) Public participation.--In developing the comprehensive
plan under paragraph (1) and carrying out the activities
described in this subsection and subsection (c), the
Secretary shall provide for public review and comment on the
activities in accordance with applicable Federal law.
(c) Integration of Other Activities.--
(1) In general.--In carrying out activities described in
subsection (b), the Secretary shall integrate such activities
with ongoing Federal and State projects and activities,
including--
(A) the project for the ecosystem restoration of the
Kissimmee River, Florida, authorized by section 101 of the
Water Resources Development Act of 1992 (106 Stat. 4802);
(B) the project for modifications to improve water
deliveries into Everglades National Park authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989 (16 U.S.C. 410r-8);
(C) activities under the Florida Keys National Marine
Sanctuary and Protection Act (16 U.S.C. 1433 note; 104 Stat.
3089); and
(D) the Everglades Construction Project of the State of
Florida.
(2) Statutory construction.--
(A) Existing authority.--Except as otherwise expressly
provided in this section, nothing in this section affects any
authority in effect on the date of the enactment of this Act,
or any requirement of the authority, relating to
participation in restoration activities in the South Florida
ecosystem, including the projects and activities specified in
paragraph (1), by--
(i) the Department of the Interior;
(ii) the Department of Commerce;
(iii) the Department of the Army;
(iv) the Environmental Protection Agency;
(v) the Department of Agriculture;
(vi) the State of Florida; and
(vii) the South Florida Water Management District.
(B) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity
that carries out any activity authorized by this section.
(d) Justification.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision
of law, in carrying out the activities to restore, preserve,
and protect the South Florida ecosystem described in
subsection (b), the Secretary may determine that the
activities--
(A) are justified by the environmental benefits derived by
the South Florida ecosystem in general and the Everglades and
Florida Bay in particular; and
(B) shall not need further economic justification if the
Secretary determines that the activities are cost-effective.
(2) Applicability.--Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the restoration, preservation, and
protection of the South Florida ecosystem.
(e) Cost Sharing.--
(1) In general.--Except as provided in sections 315 and 316
and paragraph (2), the non-Federal share of the cost of
activities described in subsection (b) shall be 50 percent.
(2) Water quality features.--
(A) In general.--Except as provided in subparagraph (B),
the non-Federal share of the cost of project features to
improve water quality described in subsection (b) shall be
100 percent.
(B) Exception.--
(i) In general.--Subject to clause (ii), if the Secretary
determines that a project feature to improve water quality is
essential to Everglades restoration, the non-Federal share of
the cost of the feature shall be 50 percent.
(ii) Applicability.--Clause (i) shall not apply to any
feature of the Everglades Construction Project of the State
of Florida.
(3) Operation and maintenance.--The operation and
maintenance of projects carried out under this section shall
be a non-Federal responsibility.
(4) Credit.--Regardless of the date of acquisition, the
value of lands or interests in land acquired by non-Federal
interests for any activity described in subsection (b) shall
be included in the total cost of the activity and credited
against the non-Federal share of the cost of the activity.
Such value shall be determined by the Secretary.
(f) South Florida Ecosystem Restoration Task Force.--
(1) Establishment and membership.--There is established the
South Florida Ecosystem Restoration Task Force, which shall
consist of the following members (or, in the case of a
Federal agency, a designee at the level of assistant
secretary or an equivalent level):
(A) The Secretary of the Interior, who shall serve as
chairperson.
(B) The Secretary of Commerce.
(C) The Secretary.
(D) The Attorney General.
(E) The Administrator of the Environmental Protection
Agency.
(F) The Secretary of Agriculture.
(G) The Secretary of Transportation.
(H) 1 representative of the Miccosukee Tribe of Indians of
Florida, to be appointed by the Secretary of the Interior
based on the recommendations of the tribal chairman.
(I) 1 representative of the Seminole Tribe of Florida, to
be appointed by the Secretary of the Interior based on the
recommendations of the tribal chairman.
(J) 2 representatives of the State of Florida, to be
appointed by the Secretary of the Interior based on the
recommendations of the Governor.
(K) 1 representative of the South Florida Water Management
District, to be appointed by the Secretary of the Interior
based on the recommendations of the Governor.
(L) 2 representatives of local government in the State of
Florida, to be appointed by the Secretary of the Interior
based on the recommendations of the Governor.
(2) Duties of task force.--The Task Force--
(A) shall consult with, and provide recommendations to, the
Secretary during development of the comprehensive plan under
subsection (b)(1);
(B) shall coordinate the development of consistent
policies, strategies, plans, programs, projects, activities,
and priorities for addressing the restoration, preservation,
and protection of the South Florida ecosystem;
(C) shall exchange information regarding programs,
projects, and activities of the agencies and entities
represented on the Task Force to promote ecosystem
restoration and maintenance;
[[Page 2369]]
(D) shall establish a Florida-based working group which
shall include representatives of the agencies and entities
represented on the Task Force as well as other governmental
entities as appropriate for the purpose of formulating,
recommending, coordinating, and implementing the policies,
strategies, plans, programs, projects, activities, and
priorities of the Task Force;
(E) may, and the working group described in subparagraph
(D), may--
(i) establish such advisory bodies as are necessary to
assist the Task Force in its duties, including public policy
and scientific issues; and
(ii) select as an advisory body any entity, such as the
Commission, that represents a broad variety of private and
public interests;
(F) shall facilitate the resolution of interagency and
intergovernmental conflicts associated with the restoration
of the South Florida ecosystem among agencies and entities
represented on the Task Force;
(G) shall coordinate scientific and other research
associated with the restoration of the South Florida
ecosystem;
(H) shall provide assistance and support to agencies and
entities represented on the Task Force in their restoration
activities;
(I) shall prepare an integrated financial plan and
recommendations for coordinated budget requests for the funds
proposed to be expended by agencies and entities represented
on the Task Force for the restoration, preservation, and
protection of the South Florida ecosystem; and
(J) shall submit a biennial report to Congress that
summarizes--
(i) the activities of the Task Force;
(ii) the policies, strategies, plans, programs, projects,
activities, and priorities planned, developed, or implemented
for the restoration of the South Florida ecosystem; and
(iii) progress made toward the restoration.
(3) Procedures and advice.--
(A) Public participation.--
(i) In general.--The Task Force shall implement procedures
to facilitate public participation in the advisory process,
including providing advance notice of meetings, providing
adequate opportunity for public input and comment,
maintaining appropriate records, and making a record of the
proceedings of meetings available for public inspection.
(ii) Oversight.--The Secretary of the Interior shall ensure
that the procedures described in clause (i) are adopted and
implemented and that the records described in clause (i) are
accurately maintained and available for public inspection.
(B) Advisors to the task force and working group.--The Task
Force or the working group described in paragraph (2)(D) may
seek advice and input from any interested, knowledgeable, or
affected party as the Task Force or working group,
respectively, determines necessary to perform the duties
described in paragraph (2).
(C) Application of the federal advisory committee act.--
(i) Task force and working group.--The Task Force and the
working group shall not be considered advisory committees
under the Federal Advisory Committee Act (5 U.S.C. App.).
(ii) Advisors.--Seeking advice and input under subparagraph
(B) shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).
(4) Compensation.--A member of the Task Force shall receive
no compensation for the service of the member on the Task
Force.
(5) Travel expenses.--Travel expenses incurred by a member
of the Task Force in the performance of services for the Task
Force shall be paid by the agency, tribe, or government that
the member represents.
SEC. 529. TAMPA, FLORIDA.
The Secretary may enter into a cooperative agreement under
section 229 with the Museum of Science and Industry, Tampa,
Florida, to provide technical, planning, and design
assistance to demonstrate the water quality functions found
in wetlands, at an estimated total Federal cost of $500,000.
SEC. 530. WATERSHED MANAGEMENT PLAN FOR DEEP RIVER BASIN,
INDIANA.
(a) Development.--The Secretary, in consultation with the
Natural Resources Conservation Service of the Department of
Agriculture, shall develop a watershed management plan for
the Deep River Basin, Indiana, including Deep River, Lake
George, Turkey Creek, and other related tributaries in
Indiana.
(b) Contents.--The plan to be developed by the Secretary
under subsection (a) shall address specific concerns related
to the Deep River Basin area, including--
(1) sediment flow into Deep River, Turkey Creek, and other
tributaries;
(2) control of sediment quality in Lake George;
(3) flooding problems;
(4) the safety of the Lake George Dam; and
(5) watershed management.
SEC. 531. SOUTHERN AND EASTERN KENTUCKY.
(a) Establishment of Program.--The Secretary may establish
a program for providing environmental assistance to non-
Federal interests in southern and eastern Kentucky.
(b) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in southern and eastern
Kentucky, including projects for wastewater treatment and
related facilities, water supply and related facilities, and
surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(d) Project Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a project cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with such
assistance.
(2) Requirements.--Each agreement entered into under this
subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
development plan or resource protection plan, including
appropriate plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--Total project costs under each agreement
entered into under this subsection shall be shared at 75
percent Federal and 25 percent non-Federal. The Federal share
may be in the form of grants or reimbursements of project
costs.
(B) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest before entering into the agreement
with the Secretary.
(C) Credit for certain financing costs.--In the event of a
delay in the reimbursement of the non-Federal share of a
project, the non-Federal interest shall receive credit for
reasonable interest and other associated financing costs
necessary for such non-Federal interest to provide the non-
Federal share of the project's cost.
(D) Lands, easements, and rights-of-way.--The non-Federal
interest shall receive credit for lands, easements, rights-
of-way, and relocations provided by the non-Federal interest
toward its share of project costs (including costs associated
with obtaining permits necessary for the placement of such
project on publicly owned or controlled lands), but not to
exceed 25 percent of total project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed
under an agreement entered into under this subsection shall
be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing
in this section shall be construed as waiving, limiting, or
otherwise affecting the applicability of any provision of
Federal or State law that would otherwise apply to a project
to be carried out with assistance provided under this
section.
(f) Report.--Not later than December 31, 1999, the
Secretary shall transmit to Congress a report on the results
of the program carried out under this section, together with
recommendations concerning whether or not such program should
be implemented on a national basis.
(g) Southern and Eastern Kentucky Defined.--In this
section, the term ``southern and eastern Kentucky'' means
Morgan, Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee,
Perry, Harlan, Breathitt, Martin, Jackson, Wolfe, Clay,
Magoffin, Owsley, Johnson, Leslie, Lawrence, Knott, Bell,
McCreary, Rockcastle, Whitley, Lee, and Letcher Counties,
Kentucky.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 532. COASTAL WETLANDS RESTORATION PROJECTS, LOUISIANA.
Section 303(f) of the Coastal Wetlands Planning, Protection
and Restoration Act (16 U.S.C. 3952(f); 104 Stat. 4782-4783)
is amended--
(1) in paragraph (4) by striking ``and (3)'' and inserting
``(3), and (5)''; and
(2) by adding at the end the following:
``(5) Federal share in calendar years 1996 and 1997.--
Notwithstanding paragraphs (1) and (2), upon approval of the
conservation plan under section 304 and a determination by
the Secretary that a reduction in the non-Federal share is
warranted, amounts made available in accordance with section
306 to carry out coastal wetlands restoration projects under
this section in calendar years 1996 and 1997 shall provide 90
percent of the cost of such projects.''.
SEC. 533. SOUTHEAST LOUISIANA.
(a) Flood Control.--The Secretary shall proceed with
engineering, design, and construction of projects to provide
for flood control and improvements to rainfall drainage
systems in Jefferson, Orleans, and St. Tammany Parishes,
Louisiana, in accordance with the following reports of the
New Orleans District Engineer: Jefferson and Orleans
Parishes, Louisiana, Urban Flood Control and Water Quality
Management, July 1992; Tangipahoa, Techefuncte, and Tickfaw
Rivers, Louisiana, June 1991; St. Tammany Parish, Louisiana,
July 1996; and Schneider Canal, Slidell, Louisiana, Hurricane
Protection, May 1990.
(b) Cost Sharing.--The cost of any work performed by the
non-Federal interests subsequent to the dates of the reports
referred to in subsection (a) and determined by the Secretary
to be a compatible and integral part of the projects shall be
credited toward the non-Federal share of the projects.
(c) Funding.--There is authorized to be appropriated
$100,000,000 for the initiation and partial accomplishment of
projects described in the reports referred to in subsection
(a).
[[Page 2370]]
(d) Additional Obligations.--No funds may be obligated in
excess of the amount authorized by subsection (c) for the
projects for flood control and improvements to rainfall
drainage systems authorized by subsection (a) until the Corps
of Engineers determines that the additional work to be
carried out with such funds is technically sound,
environmentally acceptable, and economic, as applicable.
SEC. 534. ASSATEAGUE ISLAND, MARYLAND AND VIRGINIA.
(a) Project To Mitigate Shore Damage.--The Secretary shall
expedite the Assateague Island restoration feature of the
Ocean City, Maryland, and vicinity study and, if the
Secretary determines that the Federal navigation project has
contributed to degradation of the shoreline, the Secretary
shall carry out the shoreline restoration feature. The
Secretary shall allocate costs for the project feature
pursuant to section 111 of the River and Harbor Act of 1968
(33 U.S.C. 426i; 82 Stat. 735).
(b) Coordination.--In carrying out the project under this
section, the Secretary shall coordinate with affected Federal
and State agencies and shall enter into an agreement with the
Federal property owner to determine the allocation of the
project costs.
(c) Funding.--There is authorized to be appropriated to
carry out this section $35,000,000.
SEC. 535. CUMBERLAND, MARYLAND.
The Secretary may provide technical, planning, and design
assistance to State, local, and other Federal entities for
the restoration of the Chesapeake and Ohio Canal, in the
vicinity of Cumberland, Maryland.
SEC. 536. WILLIAM JENNINGS RANDOLPH ACCESS ROAD, GARRETT
COUNTY, MARYLAND.
The Secretary shall transfer up to $600,000 to the State of
Maryland for use by the State in constructing an access road
to the William Jennings Randolph Lake in Garrett County,
Maryland.
SEC. 537. POPLAR ISLAND, MARYLAND.
The Secretary shall carry out a project for the beneficial
use of dredged material at Poplar Island, Maryland,
substantially in accordance with, and subject to the
conditions described in, the report of the Secretary dated
September 3, 1996, at a total cost of $307,000,000, with an
estimated Federal cost of $230,000,000 and an estimated non-
Federal cost of $77,000,000. The project shall be carried out
under the policies and cooperative agreement requirements of
section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326), except that subsection (e) of such section
shall not apply to the project authorized by this section.
SEC. 538. EROSION CONTROL MEASURES, SMITH ISLAND, MARYLAND.
(a) In General.--The Secretary shall implement erosion
control measures in the vicinity of Rhodes Point, Smith
Island, Maryland, at an estimated total Federal cost of
$450,000.
(b) Implementation on Emergency Basis.--The project under
subsection (a) shall be carried out on an emergency basis in
view of the national, historic, and cultural value of the
island and in order to protect the Federal investment in
infrastructure facilities.
(c) Cost Sharing.--Cost sharing applicable to hurricane and
storm damage reduction shall be applicable to the project to
be carried out under subsection (a).
SEC. 539. RESTORATION PROJECTS FOR MARYLAND, PENNSYLVANIA,
AND WEST VIRGINIA.
(a) In General.--
(1) Technical assistance.--The Secretary may provide
technical assistance to non-Federal interests, in cooperation
with Federal and State agencies, for reclamation and water
quality protection projects for the purpose of abating and
mitigating surface water quality degradation caused by
abandoned mines along--
(A) the North Branch of the Potomac River, Maryland,
Pennsylvania, and West Virginia; and
(B) the New River, West Virginia, watershed.
(2) Additional measures.--Projects under paragraph (1) may
also include measures for the abatement and mitigation of
surface water quality degradation caused by the lack of
sanitary wastewater treatment facilities or the need to
enhance such facilities.
(3) Consultation with federal entities.--Any project under
paragraph (1) that is located on lands owned by the United
States shall be undertaken in consultation with the Federal
entity with administrative jurisdiction over such lands.
(b) Federal Share.--The Federal share of the cost of the
activities conducted under subsection (a)(1) shall be 50
percent; except that, with respect to projects located on
lands owned by the United States, the Federal share shall be
100 percent.
(c) Effect on Authority of Secretary of the Interior.--
Nothing in this section is intended to affect the authority
of the Secretary of the Interior under title IV of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,500,000 for
projects undertaken under subsection (a)(1)(A) and $1,500,000
for projects undertaken under subsection (a)(1)(B).
SEC. 540. CONTROL OF AQUATIC PLANTS, MICHIGAN, PENNSYLVANIA,
AND VIRGINIA AND NORTH CAROLINA.
The Secretary shall carry out under section 104 of the
River and Harbor Act of 1958 (33 U.S.C. 610)--
(1) a program to control aquatic plants in Lake St. Clair,
Michigan;
(2) a program to control aquatic plants in the Schuylkill
River, Philadelphia, Pennsylvania; and
(3) a program to control aquatic plants in Lake Gaston,
Virginia and North Carolina.
SEC. 541. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT.
(a) Project Authorization.--The Secretary shall develop and
implement alternative methods for decontamination and
disposal of contaminated dredged material at the Port of
Duluth, Minnesota.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000.
SEC. 542. LAKE SUPERIOR CENTER, MINNESOTA.
(a) Construction.--The Secretary shall assist the Minnesota
Lake Superior Center authority in the construction of an
educational facility to be used in connection with efforts to
educate the public in the economic, recreational, biological,
aesthetic, and spiritual worth of Lake Superior and other
large bodies of fresh water.
(b) Public Ownership.--Prior to providing any assistance
under subsection (a), the Secretary shall verify that the
facility to be constructed under subsection (a) will be owned
by the public authority established by the State of Minnesota
to develop, operate, and maintain the Lake Superior Center.
(c) Authorization of Appropriations.--There is authorized
to be appropriated for the construction of the facility under
subsection (a) $10,000,000.
SEC. 543. REDWOOD RIVER BASIN, MINNESOTA.
(a) Study and Strategy Development.--The Secretary, in
cooperation with the Secretary of Agriculture and the State
of Minnesota, shall conduct a study, and develop a strategy,
for using wetland restoration, soil and water conservation
practices, and nonstructural measures to reduce flood damage,
improve water quality, and create wildlife habitat in the
Redwood River basin and the subbasins draining into the
Minnesota River, at an estimated Federal cost of $4,000,000.
(b) Non-Federal Share.--The non-Federal share of the cost
of the study and development of the strategy shall be 25
percent and may be provided through in-kind services and
materials.
(c) Cooperation Agreements.--In conducting the study and
developing the strategy under this section, the Secretary may
enter into cooperation agreements to provide financial
assistance to appropriate Federal, State, and local
government agencies, including assistance for the
implementation of wetland restoration projects and soil and
water conservation measures.
(d) Implementation.--The Secretary shall undertake
development and implementation of the strategy authorized by
this section in cooperation with local landowners and local
government officials.
SEC. 544. COLDWATER RIVER WATERSHED, MISSISSIPPI.
Not later than 6 months after the date of the enactment of
this Act, the Secretary shall initiate all remaining work
associated with the Coldwater River Watershed Demonstration
Erosion Control Project, as authorized by the Act entitled
``An Act making appropriations to provide productive
employment for hundreds of thousands of jobless Americans, to
hasten or initiate Federal projects and construction of
lasting value to the Nation and its citizens, and to provide
humanitarian assistance to the indigent for fiscal year 1983,
and for other purposes'', approved March 24, 1983 (97 Stat.
13).
SEC. 545. NATCHEZ BLUFFS, MISSISSIPPI.
The Secretary shall carry out the project for bluff
stabilization, Natchez Bluffs, Natchez, Mississippi,
substantially in accordance with the Natchez Bluffs Study,
dated September 1985, the Natchez Bluffs Study: Supplement I,
dated June 1990, and the Natchez Bluffs Study: Supplement II,
dated December 1993, at a total cost of $17,200,000, with an
estimated Federal cost of $12,900,000 and an estimated non-
Federal cost of $4,300,000. The project shall be carried out
in the portions of the bluffs described in the studies
specified in the preceding sentence as Clifton Avenue, area
3; Bluff above Silver Street, area 6; Bluff above Natchez
Under-the-Hill, area 7; and Madison Street to State Street,
area 4.
SEC. 546. SARDIS LAKE, MISSISSIPPI.
(a) Management.--The Secretary shall work cooperatively
with the State of Mississippi and the city of Sardis,
Mississippi, to the maximum extent practicable, in the
management of existing and proposed leases of land consistent
with the Sardis Lake Recreation and Tourism Master Plan
prepared by the city for the economic development of the
Sardis Lake area.
(b) Flood Control Storage.--The Secretary shall review the
study conducted by the city of Sardis, Mississippi, regarding
the impact of the Sardis Lake Recreation and Tourism Master
Plan prepared by the city on flood control storage in Sardis
Lake. The city shall not be required to reimburse the
Secretary for the cost of such storage, or the cost of the
Secretary's review, if the Secretary finds that the loss of
flood control storage resulting from implementation of the
master plan is not significant.
SEC. 547. ST. CHARLES COUNTY, MISSOURI, FLOOD PROTECTION.
(a) In General.--Notwithstanding any other provision of law
(including any regulation), no county located at the
confluence of the Missouri and Mississippi Rivers or
community located in any county located at the
[[Page 2371]]
confluence of the Missouri and Mississippi Rivers shall have
its participation in the national flood insurance program
established under chapter 1 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4011 et seq.) suspended, revoked, or
otherwise affected solely due to that county's or community's
permitting the raising of levees by any public-sponsored
levee district, along an alignment approved by the circuit
court of such county, to a level sufficient to contain a 20-
year flood.
(b) Permits.--The permit issued under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) numbered
P-1972, authorizing the reshaping and realignment of an
existing levee, shall be considered adequate to allow the
raising of levees under subsection (a).
SEC. 548. ST. LOUIS, MISSOURI.
The Secretary shall not reassign the St. Louis District of
the Corps of Engineers from the operational control of the
Lower Mississippi Valley Division.
SEC. 549. LIBBY DAM, MONTANA.
(a) In General.--In accordance with section 103(c)(1) of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(c)(1)), the Secretary shall--
(1) complete the construction and installation of
generating units 6 through 8 at Libby Dam, Montana; and
(2) remove the partially constructed haul bridge over the
Kootenai River, Montana.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $16,000,000.
Such sums shall remain available until expended.
SEC. 550. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
Section 324(b)(1) of the Water Resources Development Act of
1992 (106 Stat. 4849) is amended to read as follows:
``(1) Mitigation, enhancement, and acquisition of
significant wetlands that contribute to the Meadowlands
ecosystem.''.
SEC. 551. HUDSON RIVER HABITAT RESTORATION, NEW YORK.
(a) Habitat Restoration.--The Secretary shall expedite the
feasibility study of the Hudson River Habitat Restoration,
Hudson River Basin, New York, and may carry out not fewer
than 4 projects for habitat restoration in the Hudson River
Basin, to the extent the Secretary determines such work to be
advisable and technically feasible. Such projects shall be
designed to--
(1) assess and improve habitat value and environmental
outputs of recommended projects;
(2) evaluate various restoration techniques for
effectiveness and cost;
(3) fill an important local habitat need within a specific
portion of the study area; and
(4) take advantage of ongoing or planned actions by other
agencies, local municipalities, or environmental groups that
would increase the effectiveness or decrease the overall cost
of implementing one of the recommended restoration project
sites.
(b) Non-Federal Share.--Non-Federal interests shall provide
25 percent of the cost of each project undertaken under
subsection (a). The non-Federal share may be in the form of
cash or in-kind contributions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $11,000,000.
SEC. 552. NEW YORK CITY WATERSHED.
(a) Environmental Assistance Program.--
(1) Establishment.--The Secretary shall establish a program
for providing environmental assistance to non-Federal
interests in the New York City Watershed.
(2) Form of assistance.--Assistance provided under this
section may be in the form of design and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in the New York
City Watershed, including projects for water supply, storage,
treatment, and distribution facilities, and surface water
resource protection and development.
(b) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(c) Eligible Projects.--
(1) Certification.--A project shall be eligible for
financial assistance under this section only if the State
director for the project certifies to the Secretary that the
project will contribute to the protection and enhancement of
the quality or quantity of the New York City water supply.
(2) Special consideration.--In certifying projects to the
Secretary, the State director shall give special
consideration to those projects implementing plans,
agreements, and measures that preserve and enhance the
economic and social character of the communities in the New
York City Watershed.
(3) Project descriptions.--Projects eligible for assistance
under this section shall include the following:
(A) Implementation of intergovernmental agreements for
coordinating regulatory and management responsibilities.
(B) Acceleration of whole farm planning to implement best
management practices to maintain or enhance water quality and
to promote agricultural land use.
(C) Acceleration of whole community planning to promote
intergovernmental cooperation in the regulation and
management of activities consistent with the goal of
maintaining or enhancing water quality.
(D) Natural resources stewardship on public and private
lands to promote land uses that preserve and enhance the
economic and social character of the communities in the New
York City Watershed and protect and enhance water quality.
(d) Cooperation Agreements.--Before providing assistance
under this section, the Secretary shall enter into a project
cooperation agreement with the State director for the project
to be carried out with such assistance.
(e) Cost Sharing.--
(1) In general.--Total project costs under each agreement
entered into under this section shall be shared at 75 percent
Federal and 25 percent non-Federal. The Federal share may be
in the form of grants or reimbursements of project costs.
(2) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest prior to entering into the
agreement with the Secretary for a project.
(3) Credit for interest.--In the event of a delay in the
reimbursement of the non-Federal share of a project, the non-
Federal interest shall receive credit for reasonable interest
costs incurred to provide the non-Federal share of a
project's cost.
(4) Lands, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest toward its share of project costs (including direct
costs associated with obtaining permits necessary for the
placement of such project on publicly owned or controlled
lands), but not to exceed 25 percent of total project costs.
(5) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal and State Laws.--Nothing
in this section shall be construed to waive, limit, or
otherwise affect the applicability of any provision of
Federal or State law that would otherwise apply to a project
carried out with assistance provided under this section.
(g) Report.--Not later than December 31, 2000, the
Secretary shall transmit to Congress a report on the results
of the program carried out under this section, together with
recommendations concerning whether such program should be
implemented on a national basis.
(h) New York City Watershed Defined.--In this section, the
term ``New York City Watershed'' means the land area within
the counties of Delaware, Greene, Schoharie, Ulster,
Sullivan, Westchester, Putnam, and Duchess, New York, that
contributes water to the water supply system of New York
City.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $22,500,000.
SEC. 553. NEW YORK STATE CANAL SYSTEM.
(a) In General.--The Secretary may make capital
improvements to the New York State Canal System.
(b) Agreements.--The Secretary, with the consent of
appropriate local and State entities, shall enter into such
arrangements, contracts, and leases with public and private
entities as may be necessary for the purposes of
rehabilitation, renovation, preservation, and maintenance of
the New York State Canal System and its related facilities,
including trailside facilities and other recreational
projects along the waterways of the canal system.
(c) New York State Canal System Defined.--In this section,
the term ``New York State Canal System'' means the Erie,
Oswego, Champlain, and Cayuga-Seneca Canals.
(d) Federal Share.--The Federal share of the cost of
capital improvements under this section shall be 50 percent.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $8,000,000.
SEC. 554. ORCHARD BEACH, BRONX, NEW YORK.
The Secretary shall conduct a study for a project for
shoreline protection, Orchard Beach, Bronx, New York, and, if
the Secretary determines that the project is feasible, may
carry out the project, at a maximum Federal cost of
$5,200,000.
SEC. 555. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT OF
NEW YORK-NEW JERSEY.
(a) In General.--The Secretary may construct, operate, and
maintain a dredged material containment facility with a
capacity commensurate with the long-term dredged material
disposal needs of port facilities under the jurisdiction of
the Port of New York-New Jersey. Such facility may be a near-
shore dredged material disposal facility along the Brooklyn
waterfront.
(b) Cost Sharing.--The costs associated with feasibility
studies, design, engineering, and construction under this
section shall be shared with the non-Federal interest in
accordance with section 101 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211).
(c) Public Benefit.--After the facility constructed under
subsection (a) has been filled to capacity with dredged
material, the Secretary shall maintain the facility for the
public benefit.
SEC. 556. QUEENS COUNTY, NEW YORK.
(a) Description of Nonnavigable Area.--Subject to
subsections (b) and (c), the area of Long Island City, Queens
County, New York, that--
(1) is not submerged;
(2) as of the date of the enactment of this Act, lies
between the southerly high water
[[Page 2372]]
line of Anable Basin (also known as the ``11th Street
Basin'') and the northerly high water line of Newtown Creek;
and
(3) extends from the high water line (as of such date of
enactment) of the East River to the original high water line
of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement That Area Be Improved.--
(1) In general.--The declaration of nonnavigability under
subsection (a) shall apply only to those portions of the area
described in subsection (a) that are, or will be, bulkheaded,
filled, or otherwise occupied by permanent structures or
other permanent physical improvements (including parkland).
(2) Applicability of federal law.--Improvements described
in paragraph (1) shall be subject to applicable Federal laws,
including--
(A) sections 9 and 10 of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes'', approved March 3, 1899 (33 U.S.C. 401 and 403);
(B) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Expiration Date.--The declaration of nonnavigability
under subsection (a) shall expire with respect to a portion
of the area described in subsection (a), if the portion--
(1) is not bulkheaded, filled, or otherwise occupied by a
permanent structure or other permanent physical improvement
(including parkland) in accordance with subsection (b) by the
date that is 20 years after the date of the enactment of this
Act; or
(2) requires an improvement described in subsection (b)(2)
that is subject to a permit under an applicable Federal law,
and the improvement is not commenced by the date that is 5
years after the date of issuance of the permit.
SEC. 557. JAMESTOWN DAM AND PIPESTEM DAM, NORTH DAKOTA.
(a) Revisions to Water Control Manuals.--In consultation
with the States of North Dakota and South Dakota and the
James River Water Development District, the Secretary shall
review and consider revisions to the water control manuals
for the Jamestown Dam and Pipestem Dam, North Dakota, to
modify operation of the dams so as to reduce the magnitude
and duration of flooding and inundation of land located
within the 10-year floodplain along the James River in North
Dakota and South Dakota.
(b) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall--
(A) complete a study to determine the feasibility of
providing flood protection for the land referred to in
subsection (a); and
(B) submit a report on the study to Congress.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider all reasonable project-related and
other options.
SEC. 558. NORTHEASTERN OHIO.
The Secretary may provide technical assistance to local
interests for establishment of a regional water authority in
northeastern Ohio to address the water problems of the
region. The Federal share of the costs of such planning shall
not exceed 50 percent.
SEC. 559. OHIO RIVER GREENWAY.
(a) Expedited Completion of Study.--The Secretary shall
expedite the completion of the study for a project for the
Ohio River Greenway, Jeffersonville, Clarksville, and New
Albany, Indiana.
(b) Construction.--Upon completion of the study, if the
Secretary determines that the project is feasible, the
Secretary shall participate with the non-Federal interests in
the construction of the project.
(c) Cost Sharing.--Total project costs under this section
shall be shared at 50 percent Federal and 50 percent non-
Federal.
(d) Lands, Easements, and Rights-of-Way.--Non-Federal
interests shall be responsible for providing all lands,
easements, rights-of-way, relocations, and dredged material
disposal areas necessary for the project.
(e) Credit.--The non-Federal interests shall receive credit
for those costs incurred by the non-Federal interests that
the Secretary determines are compatible with the study,
design, and implementation of the project.
SEC. 560. GRAND LAKE, OKLAHOMA.
(a) Study.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall carry out and
complete a study of flooding in Grand/Neosho Basin and
tributaries in the vicinity of Pensacola Dam in northeastern
Oklahoma to determine the scope of the backwater effects of
operation of the dam and to identify any lands that the
Secretary determines have been adversely impacted by such
operation or should have been originally purchased as flowage
easement for the project.
(b) Acquisition of Real Property.--Upon completion of the
study and subject to advance appropriations, the Secretary
may acquire from willing sellers such real property interests
in any lands identified in the study as the Secretary
determines are necessary to reduce the adverse impacts
identified in the study conducted under subsection (a).
(c) Implementation Reports.--The Secretary shall transmit
to Congress reports on the operation of Pensacola Dam,
including data on and a description of releases in
anticipation of flooding (referred to as ``preoccupancy
releases''), and the implementation of this section. The
first of such reports shall be transmitted not later than 2
years after the date of the enactment of this Act.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000.
(2) Maximum funding for study.--Of amounts appropriated to
carry out this section, not to exceed $1,500,000 shall be
available for carrying out the study under subsection (a).
SEC. 561. BROAD TOP REGION OF PENNSYLVANIA.
Section 304 of the Water Resources Development Act of 1992
(106 Stat. 4840) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) Federal share.--The Federal share of the cost of the
activities conducted under the cooperative agreement entered
into under subsection (a)--
``(A) shall be 75 percent; and
``(B) may be in the form of grants or reimbursements of
project costs.
``(2) Non-federal share.--The non-Federal share of project
costs may be provided in the form of design and construction
services and other in-kind work provided by the non-Federal
interests, whether occurring subsequent to, or within 6 years
prior to, entering into an agreement with the Secretary. Non-
Federal interests shall receive credit for grants and the
value of work performed on behalf of such interests by State
and local agencies, as determined by the Secretary.''; and
(2) in subsection (c) by striking ``$5,500,000'' and
inserting ``$11,000,000''.
SEC. 562. CURWENSVILLE LAKE, PENNSYLVANIA.
The Secretary shall modify the allocation of costs for the
water reallocation project at Curwensville Lake,
Pennsylvania, to the extent that the Secretary determines
that such modification will provide environmental restoration
benefits in meeting instream flow needs in the Susquehanna
River basin.
SEC. 563. HOPPER DREDGE MCFARLAND.
(a) Project Authorization.--
(1) Determination.--The Secretary shall determine the
advisability and necessity of making modernization and
efficiency improvements to the hopper dredge McFarland. In
making such determination, the Secretary shall--
(A) assess the need for returning the dredge to active
service;
(B) determine whether the McFarland should be returned to
active service or the reserve fleet after the potential
improvements are completed and paid for; and
(C) establish minimum standards of dredging service to be
met in areas served by the McFarland while the dredge is
undergoing improvements.
(2) Authorization.--If the Secretary determines under
paragraph (1) that such modernization and efficiency
improvements are advisable and necessary, the Secretary may
carry out the modernization and efficiency improvements. The
Secretary may carry out such improvements only at the
Philadelphia Naval Shipyard, Pennsylvania.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
SEC. 564. PHILADELPHIA, PENNSYLVANIA.
(a) Water Works Restoration.--
(1) In general.--Upon completion of a report by the Corps
of Engineers that such work is technically sound,
environmentally acceptable, and economic, as applicable, the
Secretary shall provide planning, design, and construction
assistance for the protection and restoration of the
Philadelphia, Pennsylvania, Water Works.
(2) Coordination.--In providing assistance under this
subsection, the Secretary shall coordinate with the Fairmount
Park Commission and the Secretary of the Interior.
(3) Funding.--There is authorized to be appropriated to
carry out this subsection $1,000,000.
(b) Cooperation Agreement for Schuylkill Navigation
Canal.--
(1) In general.--The Secretary shall enter into a
cooperation agreement with the city of Philadelphia,
Pennsylvania, to participate in the rehabilitation of the
Schuylkill Navigation Canal at Manayunk.
(2) Limitation on federal share.--The Federal share of the
cost of the rehabilitation under paragraph (1) shall not
exceed $300,000 for each fiscal year.
(3) Area included.--For purposes of this subsection, the
Schuylkill Navigation Canal includes the section
approximately 10,000 feet long extending between Lock and
Fountain Streets, Philadelphia, Pennsylvania.
(c) Schuylkill River Park.--
(1) Assistance.--Upon completion of a report by the Corps
of Engineers that such work is technically sound,
environmentally acceptable, and economic, as applicable, the
Secretary may provide technical, planning, design, and
construction assistance for the Schuylkill River Park,
Philadelphia, Pennsylvania.
(2) Funding.--There is authorized to be appropriated to
carry out this subsection $2,700,000.
(d) Pennypack Park.--
(1) Assistance.--Upon completion of a report by the Corps
of Engineers that such work is technically sound,
environmentally acceptable, and economic, as applicable, the
Secretary may provide technical, design, construction, and
financial assistance for measures for the improvement and
restoration of aquatic habitats and aquatic re
[[Page 2373]]
sources at Pennypack Park, Philadelphia, Pennsylvania.
(2) Cooperation agreements.--In providing assistance under
this subsection, the Secretary shall enter into cooperation
agreements with the city of Philadelphia, acting through the
Fairmount Park Commission.
(3) Funding.--There is authorized to be appropriated to
carry out this subsection $15,000,000.
(e) Frankford Dam.--
(1) Cooperation agreements.--The Secretary may enter into
cooperation agreements with the city of Philadelphia,
Pennsylvania, acting through the Fairmount Park Commission,
to provide assistance for the elimination of the Frankford
Dam, the replacement of the Rhawn Street Dam, and
modifications to the Roosevelt Dam and the Verree Road Dam.
(2) Funding.--There is authorized to be appropriated to
carry out this subsection $900,000.
SEC. 565. SEVEN POINTS VISITORS CENTER, RAYSTOWN LAKE,
PENNSYLVANIA.
(a) In General.--The Secretary shall construct a visitors
center and related public use facilities at the Seven Points
Recreation Area at Raystown Lake, Pennsylvania, generally in
accordance with the Master Plan Update (1994) for the
Raystown Lake Project.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000.
SEC. 566. SOUTHEASTERN PENNSYLVANIA.
(a) Establishment of Program.--The Secretary may establish
a pilot program for providing environmental assistance to
non-Federal interests in southeastern Pennsylvania.
(b) Form of Assistance.--Assistance under this section may
be in the form of design and construction assistance for
water-related environmental infrastructure and resource
protection and development projects in southeastern
Pennsylvania, including projects for waste water treatment
and related facilities, water supply and related facilities,
and surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(d) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--Total project costs under each local
cooperation agreement entered into under this subsection
shall be shared at 75 percent Federal and 25 percent non-
Federal. The Federal share may be in the form of grants or
reimbursements of project costs.
(B) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by such interest prior to entering into a local
cooperation agreement with the Secretary for a project. The
credit for such design work shall not exceed 6 percent of the
total construction costs of the project.
(C) Credit for interest.--In the event of a delay in the
funding of the non-Federal share of a project that is the
subject of an agreement under this section, the non-Federal
interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of a project's
cost.
(D) Lands, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project
costs (including all reasonable costs associated with
obtaining permits necessary for the construction, operation,
and maintenance of such project on publicly owned or
controlled lands), but not to exceed 25 percent of total
project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing
in this section shall be construed as waiving, limiting, or
otherwise affecting the applicability of any provision of
Federal or State law that would otherwise apply to a project
to be carried out with assistance provided under this
section.
(f) Report.--Not later than December 31, 1998, the
Secretary shall transmit to Congress a report on the results
of the pilot program carried out under this section, together
with recommendations concerning whether or not such program
should be implemented on a national basis.
(g) Southeastern Pennsylvania Defined.--In this section,
the term ``southeastern Pennsylvania'' means Philadelphia,
Bucks, Chester, Delaware, and Montgomery Counties,
Pennsylvania.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000.
SEC. 567. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW
YORK.
(a) Study and Strategy Development.--The Secretary, in
cooperation with the Secretary of Agriculture, the State of
Pennsylvania, and the State of New York, shall conduct a
study, and develop a strategy, for using wetland restoration,
soil and water conservation practices, and nonstructural
measures to reduce flood damage, improve water quality, and
create wildlife habitat in the following portions of the
Upper Susquehanna River basin:
(1) The Juniata River watershed, Pennsylvania, at an
estimated Federal cost of $8,000,000.
(2) The Susquehanna River watershed upstream of the Chemung
River, New York, at an estimated Federal cost of $5,000,000.
(b) Non-Federal Share.--The non-Federal share of the cost
of the study and development of the strategy shall be 25
percent and may be provided through in-kind services and
materials.
(c) Cooperation Agreements.--In conducting the study and
developing the strategy under this section, the Secretary may
enter into cooperation agreements to provide financial
assistance to appropriate Federal, State, and local
government agencies, including assistance for the
implementation of wetland restoration projects and soil and
water conservation measures.
(d) Implementation.--The Secretary shall undertake
development and implementation of the strategy authorized by
this section in cooperation with local landowners and local
government officials.
SEC. 568. WILLS CREEK, HYNDMAN, PENNSYLVANIA.
The Secretary may carry out a project for flood control,
Wills Creek, Borough of Hyndman, Pennsylvania, at an
estimated total cost of $5,000,000.
SEC. 569. BLACKSTONE RIVER VALLEY, RHODE ISLAND AND
MASSACHUSETTS.
(a) In General.--The Secretary, in coordination with
Federal, State, and local interests, shall provide technical,
planning, and design assistance in the development and
restoration of the Blackstone River Valley National Heritage
Corridor, Rhode Island and Massachusetts.
(b) Federal Share.--Funds made available under this section
for planning and design of a project may not exceed 75
percent of the total cost of such planning and design.
SEC. 570. DREDGED MATERIAL CONTAINMENT FACILITY FOR PORT OF
PROVIDENCE, RHODE ISLAND.
(a) In General.--The Secretary may construct, operate, and
maintain a dredged material containment facility with a
capacity commensurate with the long-term dredged material
disposal needs of port facilities under the jurisdiction of
the Port of Providence, Rhode Island.
(b) Cost Sharing.--The costs associated with feasibility
studies, design, engineering, and construction shall be
shared with the non-Federal interest in accordance with
section 101 of the Water Resources Development Act of 1986
(33 U.S.C. 2211).
(c) Public Benefit.--After the facility constructed under
subsection (a) has been filled to capacity with dredged
material, the Secretary shall maintain the facility for the
public benefit.
SEC. 571. QUONSET POINT-DAVISVILLE, RHODE ISLAND.
The Secretary shall replace the bulkhead between piers 1
and 2 at the Quonset Point-Davisville Industrial Park, Rhode
Island, at a total cost of $1,350,000, with an estimated
Federal cost of $1,012,500 and an estimated non-Federal cost
of $337,500. In conjunction with this project, the Secretary
shall install high mast lighting at pier 2 at a total cost of
$300,000, with an estimated Federal cost of $225,000 and an
estimated non-Federal cost of $75,000.
SEC. 572. EAST RIDGE, TENNESSEE.
The Secretary shall conduct a limited reevaluation of the
flood management study for the East Ridge and Hamilton County
area, Tennessee, undertaken by the Tennessee Valley Authority
and may carry out the project at an estimated total cost of
up to $25,000,000.
SEC. 573. MURFREESBORO, TENNESSEE.
The Secretary may carry out a project for environmental
enhancement, Murfreesboro, Tennessee, in accordance with the
Report and Environmental Assessment, Black Fox, Murfree and
Oaklands Spring Wetlands, Murfreesboro, Rutherford County,
Tennessee, dated August 1994.
SEC. 574. TENNESSEE RIVER, HAMILTON COUNTY, TENNESSEE.
The Secretary shall conduct a study for a project for bank
stabilization, Tennessee River, Hamilton County, Tennessee,
and, if the Secretary determines that the project is
feasible, may carry out the project, at a maximum Federal
cost of $7,500,000.
SEC. 575. HARRIS COUNTY, TEXAS.
(a) In General.--During any evaluation of economic benefits
and costs for projects set forth in subsection (b) that
occurs after the date of the enactment of this Act, the
Secretary shall not consider flood control works constructed
by non-Federal interests within the drainage area of such
projects prior to the date of such evaluation in the
determination of conditions existing prior to construction of
the project.
(b) Specific Projects.--The projects to which subsection
(a) apply are--
(1) the project for flood control, Buffalo Bayou Basin,
Texas, authorized by section 203 of the Flood Control Act of
1954 (68 Stat. 1258);
[[Page 2374]]
(2) the project for flood control, Buffalo Bayou and
tributaries, Texas, authorized by section 101(a) of the Water
Resources Development Act of 1990 (104 Stat. 4610); and
(3) the project for flood control, Cypress Creek, Texas,
authorized by section 3(a)(13) of the Water Resources
Development Act of 1988 (102 Stat. 4014).
SEC. 576. NEABSCO CREEK, VIRGINIA.
The Secretary shall carry out a project for flood control,
Neabsco Creek Watershed, Prince William County, Virginia, at
an estimated total cost of $1,500,000.
SEC. 577. TANGIER ISLAND, VIRGINIA.
(a) In General.--The Secretary shall design and construct a
breakwater at the North Channel on Tangier Island, Virginia,
at a total cost of $1,200,000, with an estimated Federal cost
of $900,000 and an estimated non-Federal cost of $300,000.
(b) Cost-Benefit Ratio.--Congress finds that in view of the
historic preservation benefits resulting from the project
authorized by this section, the overall benefits of the
project exceed the costs of the project.
SEC. 578. PIERCE COUNTY, WASHINGTON.
(a) Provision of Technical Assistance.--The Secretary shall
provide technical assistance to Pierce County, Washington, to
address measures that are necessary to ensure that non-
Federal levees are adequately maintained and satisfy
eligibility criteria for rehabilitation assistance under
section 5 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors
for flood control, and for other purposes'', approved August
18, 1941 (33 U.S.C. 701n; 55 Stat. 650).
(b) Purpose of Assistance.--The purpose of the assistance
under this section shall be to provide a review of the
requirements of the Puyallup Tribe of Indians Settlement Act
of 1989 (25 U.S.C. 1773 et seq.; 103 Stat. 83) and standards
for project maintenance and vegetation management used by the
Secretary in order to determine eligibility for levee
rehabilitation assistance and, if appropriate, to amend such
standards as needed to make non-Federal levees eligible for
assistance that may be necessary as a result of future
flooding.
SEC. 579. GREENBRIER RIVER BASIN, WEST VIRGINIA, FLOOD
PROTECTION.
(a) In General.--The Secretary may design and implement a
flood damage reduction program for the Greenbrier River
Basin, West Virginia, in the vicinity of Durbin, Cass,
Marlinton, Renick, Ronceverte, and Alderson as generally
presented in the District Engineer's draft Greenbrier River
Basin Study Evaluation Report, dated July 1994, to the extent
provided under subsection (b) to afford such communities a
level of protection against flooding sufficient to reduce
future losses to such communities from the likelihood of
flooding such as occurred in November 1985, January 1996, and
May 1996.
(b) Flood Protection Measures.--The flood damage reduction
program referred to in subsection (a) may include the
following as the Chief of Engineers determines necessary and
advisable in consultation with the communities referred to in
subsection (a):
(1) Local protection projects such as levees, floodwalls,
channelization, small tributary stream impoundments, and
nonstructural measures such as individual floodproofing.
(2) Floodplain relocations and resettlement site
developments, floodplain evacuations, and a comprehensive
river corridor and watershed management plan generally in
accordance with the District Engineer's draft Greenbrier
River Corridor Management Plan, Concept Study, dated April
1996.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,000,000.
SEC. 580. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The Secretary shall conduct a limited reevaluation of the
watershed plan and the environmental impact statement
prepared for the Lower Mud River, Milton, West Virginia, by
the Natural Resources Conservation Service pursuant to the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.) and may carry out the project.
SEC. 581. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.
(a) In General.--The Secretary may design and construct
flood control measures in the Cheat and Tygart River Basins,
West Virginia, and the Lower Allegheny, Lower Monongahela,
West Branch Susquehanna, and Juniata River Basins,
Pennsylvania, at a level of protection sufficient to prevent
any future losses to these communities from flooding such as
occurred in January 1996, but no less than a 100-year level
of flood protection.
(b) Priority Communities.--In carrying out this section,
the Secretary shall give priority to the communities of--
(1) Parsons and Rowlesburg, West Virginia, in the Cheat
River Basin;
(2) Bellington and Phillipi, West Virginia, in the Tygart
River Basin;
(3) Connellsville, Pennsylvania, in the Lower Monongahela
River Basin;
(4) Benson, Hooversville, Clymer, and New Bethlehem,
Pennsylvania, in the Lower Allegheny River Basin;
(5) Patton, Barnesboro, Coalport, and Spangler,
Pennsylvania, in the West Branch Susquehanna River Basin; and
(6) Bedford, Linds Crossings, and Logan Township in the
Juniata River Basin.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,000,000.
SEC. 582. SITE DESIGNATION.
Section 102(c)(4) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended--
(1) by inserting after ``for a site'' the following:
``(other than the site located off the coast of Newport
Beach, California, which is known as `LA-3')''; and
(2) by adding at the end the following: ``Beginning January
1, 2000, no permit for dumping pursuant to this Act or
authorization for dumping under section 103(e) shall be
issued for the site located off the coast of Newport Beach,
California, which is known as `LA-3', unless such site has
received a final designation pursuant to this subsection or
an alternative site has been selected pursuant to section
103(b).''.
SEC. 583. LONG ISLAND SOUND.
Section 119(e) of the Federal Water Pollution Control Act
(33 U.S.C. 1269(e)) is amended by striking ``1996'' each
place it appears and inserting ``2001''.
SEC. 584. WATER MONITORING STATION.
(a) Assistance.--The Secretary shall provide assistance to
non-Federal interests for reconstruction of the water
monitoring station on the North Fork of the Flathead River,
Montana.
(b) Funding.--There is authorized to be appropriated to
carry out this section $50,000.
SEC. 585. OVERFLOW MANAGEMENT FACILITY.
(a) Assistance.--The Secretary shall provide assistance to
the Narragansett Bay Commission for the construction of a
combined river overflow management facility in Rhode Island.
(b) Funding.--There is authorized to be appropriated to
carry out this section $30,000,000.
SEC. 586. PRIVATIZATION OF INFRASTRUCTURE ASSETS.
(a) In General.--Notwithstanding the provisions of title II
of the Federal Water Pollution Control Act (33 U.S.C. 1281 et
seq.), Executive Order 12803, or any other law or authority,
an entity that received Federal grant assistance for an
infrastructure asset under the Federal Water Pollution
Control Act shall not be required to repay any portion of the
grant upon the lease or concession of the asset only if--
(1) ownership of the asset remains with the entity that
received the grant; and
(2) the Administrator of the Environmental Protection
Agency determines that the lease or concession furthers the
purposes of such Act and approves the lease or concession.
(b) Limitation.--The Administrator shall not approve a
total of more than 5 leases and concessions under this
section.
TITLE VI--EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR MAINTENANCE
TRUST FUND
SEC. 601. EXTENSION OF EXPENDITURE AUTHORITY UNDER HARBOR
MAINTENANCE TRUST FUND.
Paragraph (1) of section 9505(c) of the Internal Revenue
Code of 1986 (relating to expenditures from Harbor
Maintenance Trust Fund) is amended to read as follows:
``(1) to carry out section 210 of the Water Resources
Development Act of 1986 (as in effect on the date of the
enactment of the Water Resources Development Act of 1996),''.
And the House agree to the same.
Bud Shuster,
Don Young,
Sherwood Boehlert,
James L. Oberstar,
Robert A. Borski,
Managers on the Part of the House.
John H. Chafee,
John Warner,
Bob Smith,
Daniel Patrick Moynihan,
Managers of the Part of the Senate.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. SHUSTER and Mr.
BORSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said conference report?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said conference report was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said conference report was agreed to was passed was, by unanimous
consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.42 ntsb authorization
Mr. SHUSTER, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following amendment of the Senate to the bill
(H.R. 3159) to amend title 49, United States Code, to authorize
appropriations for fiscal years 1997, 1998, and 1999 for the National
Transportation Safety Board, and for other purposes:
Strike out all after the enacting clause and insert:
[[Page 2375]]
TITLE I--NTSB AMENDMENTS
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Transportation
Safety Board Amendments of 1996''.
SEC. 102. FOREIGN INVESTIGATIONS.
Section 1114 of title 49, United States Code, is amended--
(1) by striking ``(b) and (c)'' in subsection (a) and
inserting ``(b), (c), and (e)''; and
(2) by adding at the end the following:
``(e) Foreign Investigations.--
``(1) In general.--Notwithstanding any other provision of
law, neither the Board, nor any agency receiving information
from the Board, shall disclose records or information
relating to its participation in foreign aircraft accident
investigations; except that--
``(A) the Board shall release records pertaining to such an
investigation when the country conducting the investigation
issues its final report or 2 years following the date of the
accident, whichever occurs first; and
``(B) the Board may disclose records and information when
authorized to do so by the country conducting the
investigation.
``(2) Safety recommendations.--Nothing in this subsection
shall restrict the Board at any time from referring to
foreign accident investigation information in making safety
recommendations.''.
SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.
Section 1114(b) of title 49, United States Code, is amended
by adding at the end the following:
``(3) Protection of Voluntary Submission of Information.--
Notwithstanding any other provision of law, neither the
Board, nor any agency receiving information from the Board,
shall disclose voluntarily provided safety-related
information if that information is not related to the
exercise of the Board's accident or incident investigation
authority under this chapter and if the Board finds that the
disclosure of the information would inhibit the voluntary
provision of that type of information.''.
SEC. 104. TRAINING.
Section 1115 of title 49, United States Code, is amended by
adding at the end the following:
``(d) Training of Board Employees and Others.--The Board
may conduct training of its employees in those subjects
necessary for the proper performance of accident
investigation. The Board may also authorize attendance at
courses given under this subsection by other government
personnel, personnel of foreign governments, and personnel
from industry or otherwise who have a requirement for
accident investigation training. The Board may require non-
Board personnel to reimburse some or all of the training
costs, and amounts so reimbursed shall be credited to the
appropriation of the `National Transportation Safety Board,
Salaries and Expenses' as offsetting collections.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is
amended--
(1) by striking ``and''; and
(2) by inserting before the period at the end of the first
sentence the following: ``, $42,400,00 for fiscal year 1997,
$44,400,000 for fiscal year 1998, and $46,600,000 for fiscal
year 1999.''.
TITLE II--INTERMODAL TRANSPORTATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Intermodal Safe Container
Transportation Amendments Act of 1996''.
SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 49 of the United States Code.
SEC. 203. DEFINITIONS.
Section 5901 (relating to definitions) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) except as otherwise provided in this chapter, the
definitions in sections 10102 and 13102 of this title
apply.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) `gross cargo weight' means the weight of the cargo,
packaging materials (including ice), pallets, and dunnage.''.
SEC. 204. NOTIFICATION AND CERTIFICATION.
(a) Prior Notification.--Subsection (a) of section 5902
(relating to prior notification) is amended--
(1) by striking ``Before a person tenders to a first
carrier for intermodal transportation a'' and inserting ``If
the first carrier to which any'';
(2) by striking ``10,000 pounds (including packing material
and pallets), the person shall give the carrier a written''
and inserting ``29,000 pounds is tendered for intermodal
transportation is a motor carrier, the person tendering the
container or trailer shall give the motor carrier a'';
(3) by striking ``trailer.'' and inserting ``trailer before
the tendering of the container or trailer.'';
(4) by striking ``electronically.'' and inserting
``electronically or by telephone.''; and
(5) by adding at the end thereof the following: ``This
subsection applies to any person within the United States who
tenders a container or trailer subject to this chapter for
intermodal transportation if the first carrier is a motor
carrier.''.
(b) Certification.--Subsection (b) of section 5902
(relating to certification) is amended to read as follows:
``(b) Certification.--
``(1) In general.--A person who tenders a loaded container
or trailer with an actual gross cargo weight of more than
29,000 pounds to a first carrier for intermodal
transportation shall provide a certification of the contents
of the container or trailer in writing, or electronically,
before or when the container or trailer is so tendered.
``(2) Contents of certification.--The certification
required by paragraph (1) shall include--
``(A) the actual gross cargo weight;
``(B) a reasonable description of the contents of the
container or trailer;
``(C) the identity of the certifying party;
``(D) the container or trailer number; and
``(E) the date of certification or transfer of data to
another document, as provided for in paragraph (3).
``(3) Transfer of certification data.--A carrier who
receives a certification may transfer the information
contained in the certification to another document or to
electric format for forwarding to a subsequent carrier. The
person transferring the information shall state on the
forwarded document the date on which the data was transferred
and the identity of the party who performed the transfer.
``(4) Shipping documents.--For purposes of this chapter, a
shipping document, prepared by the person who tenders a
container or trailer to a first carrier, that contains the
information required by paragraph (2) meets the requirements
of paragraph (1).
``(5) Use of `Freight All Kinds' Term.--The term `Freight
All Kinds' or `FAK' may not be used for the purpose of
certification under section 5902(b) after December 31, 2000,
as a commodity description for a trailer or container if the
weight of any commodity in the trailer or container equals or
exceeds 20 percent of the total weight of the contents of the
trailer or container. This subsection does not prohibit the
use of the term after that date for rating purposes.
``(6) Separate document marking.--If a separate document is
used to meet the requirements of paragraph (1), it shall be
conspicuously marked `INTERMODAL CERTIFICATION'.
``(7) Applicability.--This subsection applies to any
person, domestic or foreign, who first tenders a container or
trailer subject to this chapter for intermodal transportation
within the United States.''.
(c) Forwarding Certifications.--Subsection (c) of section
5902 (relating to forwarding certifications to subsequent
carriers) is amended--
(1) by striking ``transportation.'' and inserting
``transportation before or when the loaded intermodal
container or trailer is tendered to the subsequent carrier.
If no certification is received by the subsequent carrier
before or when the container or trailer is tendered to it,
the subsequent carrier may presume that no certification is
required.''; and
(2) by adding at the end thereof the following: ``If a
person inaccurately transfers the information on the
certification, or fails to forward the certification to a
subsequent carrier, then that person is liable to any person
who incurs any bond, fine, penalty, cost (including storage),
or interest for any such fine, penalty, cost (including
storage), or interest incurred as a result of the inaccurate
transfer of information or failure to forward the
certification. A subsequent carrier who incurs a bond, fine,
penalty, or cost (including storage), or interest as a result
of the inaccurate transfer of the information, or the failure
to forward the certification, shall have a lien against the
contents of the container or trailer under section 5905 in
the amount of the bond, fine, penalty, or cost (including
storage), or interest and all court costs and legal fees
incurred by the carrier as a result of such inaccurate
transfer or failure.''.
(d) Liability.--Section 5902 is amended by redesignating
subsection (d) as subsection (e), and by inserting after
subsection (c) the following:
``(d) Liability to Owner or Beneficial Owner.--If--
``(1) a person inaccurately transfers information on a
certification required by subsection (b)(1), or fails to
forward a certification to the subsequent carrier;
``(2) as a result of the inaccurate transfer of such
information or a failure to forward a certification, the
subsequent carrier incurs a bond, fine, penalty, or cost
(including storage), or interest; and
``(3) that subsequent carrier exercises its rights to a
lien under section 5905,
then that person is liable to the owner or beneficial owner,
or to any other person paying the amount of the lien to the
subsequent carrier, for the amount of the lien and all costs
related to the imposition of the lien, including court costs
and legal fees incurred in connection with it.''.
(e) Nonapplication.--Subsection (e) of section 5902, as
redesignated, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) The notification and certification requirements of
subsections (a) and (b) of this section do not apply to any
intermodal container or trailer containing consolidated
shipments loaded by a motor carrier if that motor carrier--
[[Page 2376]]
``(A) performs the highway portion of the intermodal
movement; or
``(B) assumes the responsibility for any weight-related
fine or penalty incurred by any other motor carrier that
performs a part of the highway transportation.''.
SEC. 205. PROHIBITIONS.
Section 5903 (relating to prohibitions) is amended--
(1) by inserting after ``person'' a comma and the
following: ``To whom section 5902(b) applies,'';
(2) by striking subsection (b) and inserting the following:
``(b) Transporting Prior to Receiving Certification.--
``(1) Presumption.--If no certification is received by a
motor carrier before or when a loaded intermodal container or
trailer is tendered to it, the motor carrier may presume that
the gross cargo weight of the container or trailer is less
than 29,001 pounds.
``(2) Copy of certification not required to accompany
container or trailer.--Notwithstanding any other provision of
this chapter to the contrary, a copy of the certification
required by section 5902(b) is not required to accompany the
intermodal container or trailer.'';
(3) by striking ``10,000 pounds (including packing
materials and pallets)'' in subsection (c)(1) and inserting
``29,000 pounds''; and
(4) by adding at the end the following:
``(d) Notice to Leased Operators.--
``(1) In general.--If a motor carrier knows that the gross
cargo weight of an intermodal container or trailer subject to
the certification requirements of section 5902(b) would
result in a violation of applicable State gross vehicle
weight laws, then--
``(A) the motor carrier shall give notice to the operator
of a vehicle which is leased by the vehicle operator to a
motor carrier that transports an intermodal container or
trailer of the gross cargo weight of the container or trailer
as certified to the motor carrier under section 5902(b);
``(B) the notice shall be provided to the operator prior to
the operator being tendered the container or trailer;
``(C) the notice required by this subsection shall be in
writing, but may be transmitted electronically; and
``(D) the motor carrier shall bear the burden of proof to
establish that it tendered the required notice to the
operator.
``(2) Reimbursement.--If the operator of a leased vehicle
transporting a container or trailer subject to this chapter
is fined because of a violation of a State's gross vehicle
weight laws or regulations and the lessee motor carrier
cannot establish that it tendered to the operator the notice
required by paragraph (1) of this subsection, then the
operator shall be entitled to reimbursement from the motor
carrier in the amount of any fine and court costs resulting
from the failure of the motor carrier to tender the notice to
the operator.''.
SEC. 206. LIENS.
Section 5905 (relating to liens) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is
required, because of a violation of a State's gross vehicle
weight laws or regulations, to post a bond or pay a fine,
penalty, cost (including storage), or interest resulting
from--
``(1) erroneous information provided by the certifying
party in the certification to the first carrier in violation
of section 5903(a) of this title;
``(2) the failure of the party required to provide the
certification to the first carrier to provide it;
``(3) the failure of a person required under section
5902(c) to forward the certification to forward it; or
``(4) an error occurring in the transfer of information on
the certification to another document under section
5902(b)(3) or (c), then the person posting the bond, or
paying the fine, penalty, costs (including storage), or
interest has a lien against the contents equal to the amount
of the bond, fine, penalty, cost (including storage), or
interest incurred, until the person receives a payment of
that amount from the owner or beneficial owner of the
contents, or from the person responsible for making or
forwarding the certification, or transferring the information
from the certification to another document.'';
(2) by inserting a comma and ``or the owner or beneficial
owner of the contents,'' after ``first carrier'' in
subsection 9(b)(1); and
(3) by striking ``cost, or interest.'' in subsection (b)(1)
and inserting ``cost (including storage), or interest. The
lien shall remain in effect until the lien holder has
received payment for all costs and expenses described in
subsection (a) of this section.''.
SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES.
Section 5906 (relating to perishable agricultural
commodities) is amended by striking ``Sections 5904(a)(2) an
5905 of this title do'' and inserting ``Section 5905 of this
title does''.
SEC. 208. EFFECTIVE DATE.
(a) In General.--Section 5907 (relating to regulations and
effective date) is amended to read as follows:
``Sec. 5907. Effective date
``This chapter shall take effect 180 days after the date of
enactment of the Intermodal Safe Container Transportation
Amendments Act of 1996.''.
(b) Clerical Amendment.--The table of sections for chapter
59 is amended by striking the item relating to section 5907
and inserting the following:
``5907. Effective date''.
SEC. 209. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Chapter 59 is amended by adding at the end
thereof the following:
``Sec. 5908. Relationship to other laws
``Nothing in this chapter affects--
``(1) chapter 51 (relating to transportation of hazardous
material) or the regulations promulgated under that chapter;
or
``(2) any State highway weight or size law or regulation
applicable to tractor-trailer combinations.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by adding at the end thereof the
following:
``5908. Relationship to other laws''.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. SHUSTER and Mr.
LIPINSKI, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was passed was, by unanimous consent, laid
on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.43 correct enrollment--h.r. 3159
Mr. SHUSTER, by unanimous consent, submitted the following concurrent
resolution (H. Con. Res. 221):
Resolved by the House of Representatives (the Senate
concurring), That, in the enrollment of the bill H.R. 3159,
the Clerk of the House of Representatives shall make the
following corrections:
(1) In section 5902(b) proposed to be inserted in title 49,
United States Code, by section 204(b), strike ``electric''
and insert ``electronic''.
(2) In section 204(e)(1), by inserting after
``respectively'' the following: ``, and by moving the text of
paragraph (2), as so redesignated down 1 line and to the
left, flush full measure and indenting such paragraph''.
(3) In section 205(1), by inserting ``in subsection (a)''
before ``a comma''.
(4) In paragraph (4) of section 5905(a) proposed to be
inserted in title 49, United States Code, by section 206,
after ``(c),'', move the remainder of the text of the
paragraph down 1 line and to the left flush full measure.
(5) In section 206(2), by striking ``9(b)(1)'' and
inserting ``(b)(1)''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.115.44 w. edwards deming federal building
On motion of Mr. GILCHREST, by unanimous consent, the House considered
the bill (H.R. 3535) to redesignate a Federal building in Suitland,
Maryland, as the ``W. Edwards Deming Federal Building''.
When said bill was considered and read twice.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.45 robert kurtz rodibaugh united states courthouse
On motion of Mr. GILCHREST, by unanimous consent, the House considered
the bill (H.R. 3576) to designate the United States courthouse located
at 401 South Michigan Street in South Bend, Indiana, as the ``Robert
Kurtz Rodibaugh United States Courthouse''.
When said bill was considered and read twice.
The bill was ordered to be engrossed and read a third time, was read a
third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2377]]
para.115.46 hydrogen futures
Mr. WALKER, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4138) to authorize the hydrogen research,
development, and demonstration programs of the Department of Energy, and
for other purposes.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. GUTKNECHT, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.47 waiving points of order against conference report to
accompany h.r. 3539
Mr. LINDER, by direction of the Committee on Rules, reported (Rept.
No. 104-851) the resolution (H. Res. 540) waiving points of order
against the conference report to accompany the bill (H.R. 3539) to amend
title 49, United States Code, to reauthorize programs of the Federal
Aviation Administration, and for other purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.115.48 civil service reform
Mr. MICA, pursuant to House Resolution 525, moved to suspend the rules
and pass the bill (H.R. 3841) to amend the civil service laws of the
United States, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. GUTKNECHT, recognized Mr. MICA and Mrs.
COLLINS of Illinois, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. FOLEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mrs. MEEK demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. FOLEY, by unanimous consent and pursuant
to clause 5(b)(1) of rule I, announced that further proceedings were
postponed.
para.115.49 end of slavery recognition
On motion of Mr. MICA, by unanimous consent, the Committee on
Government Reform and Oversight was discharged from further
consideration of the joint resolution (H.J. Res. 195) recognizing the
end of slavery in the United States, and the true day of independence
for African-Americans.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.115.50 h. con. res. 145--unfinished business
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 145)
concerning the removal of Russian Armed Forces from Moldova.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution?
The vote was taken by electronic device.
It was decided in the
Yeas
425
<3-line {>
affirmative
Nays
0
para.115.51 [Roll No. 440]
YEAS--425
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NOT VOTING--8
Barr
Ewing
Hayes
Heineman
Kingston
Kleczka
Peterson (FL)
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
[[Page 2378]]
the rules were suspended and said concurrent resolution was passed.
A motion to reconsider the vote whereby the rules were suspended and
said concurrent resolution was agreed to was, by unanimous consent, laid
on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.115.52 h. con res. 189--unfinished business
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and agree to the concurrent resolution (H. Con. Res. 189)
expressing the sense of the Congress regarding the importance of United
States membership in regional South Pacific organizations; as amended.
The question being put,
Will the House suspend the rules and agree to said concurrent
resolution, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
416
<3-line {>
affirmative
Nays
6
para.115.53 [Roll No. 441]
YEAS--416
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
NAYS--6
Chenoweth
Cooley
Funderburk
Scarborough
Seastrand
Stockman
NOT VOTING--11
Clinger
Fattah
Hayes
Heineman
Lofgren
Nethercutt
Peterson (FL)
Radanovich
Serrano
Wamp
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said concurrent resolution, as amended, was
passed.
By unanimous consent, the title was amended so as to read:
``Concurrent resolution expressing the sense of the Congress regarding
the importance of United States membership and participation in regional
South Pacific organizations.''.
A motion to reconsider the votes whereby the rules were suspended and
said concurrent resolution, as amended, was passed and the title was
amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.115.54 h.r. 3752--unfinished business
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3752) to preserve the sovereignty of
the United States over public lands and acquired lands owned by the
United States, and to preserve State sovereignty and private property
rights in non-Federal lands surrounding those public lands and acquired
lands; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
246
<3-line {>
negative
Nays
178
para.115.55 [Roll No. 442]
YEAS--246
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Bateman
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson, Sam
Jones
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
[[Page 2379]]
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Moorhead
Myers
Myrick
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Paxon
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Stupak
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Traficant
Upton
Vucanovich
Walker
Walsh
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NAYS--178
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barrett (NE)
Barrett (WI)
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Blumenauer
Bonior
Borski
Boucher
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Coyne
Cummings
Davis
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Durbin
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Frelinghuysen
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E.B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Leach
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Maloney
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Morella
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Rahall
Rangel
Reed
Richardson
Rivers
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Tanner
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Whitfield
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--9
Clinger
Hayes
Heineman
Manton
Montgomery
Nethercutt
Peterson (FL)
Wamp
Zimmer
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
para.115.56 h.r. 4011--unfinished business
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 4011) to amend title 5, United States
Code, to provide that if a Member of Congress is convicted of a felony,
such Member shall not be eligible for retirement benefits based on that
individual's service as a Member, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
Yeas
391
It was decided in the
Nays
32
<3-line {>
affirmative
Answered present
1
para.115.57 [Roll No. 443]
YEAS--391
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Royce
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wise
Wolf
Woolsey
Wynn
Yates
Young (FL)
Zeliff
NAYS--32
Barton
Beilenson
Borski
Clay
Clyburn
Collins (IL)
Collins (MI)
Conyers
Dellums
Dicks
Fattah
Flake
Foglietta
Gibbons
Hastings (FL)
Hilliard
Jackson (IL)
Jacobs
Kanjorski
Klink
McDermott
Meek
Murtha
Rush
Stark
Stokes
Thompson
Towns
Waters
Williams
Wilson
Young (AK)
ANSWERED ``PRESENT''--1
Ford
NOT VOTING--9
Boucher
Clinger
Cox
Hayes
Heineman
Peterson (FL)
Roth
Solomon
Zimmer
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was,
[[Page 2380]]
by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.115.58 h.r. 3841--unfinished business
The SPEAKER pro tempore, Mr. FOLEY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3841) to amend the civil service laws
of the United States, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
224
<3-line {>
affirmative
Nays
201
para.115.59 [Roll No. 444]
YEAS--224
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bereuter
Bilbray
Bliley
Blumenauer
Boehner
Bonilla
Bono
Brewster
Brownback
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Christensen
Chrysler
Coble
Coburn
Collins (GA)
Combest
Condit
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeFazio
DeLay
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hamilton
Hancock
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
Lucas
Luther
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Montgomery
Moorhead
Moran
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pombo
Porter
Portman
Pryce
Radanovich
Ramstad
Regula
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Rose
Roth
Roukema
Royce
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Sisisky
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Zeliff
NAYS--201
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Bevill
Bilirakis
Bishop
Blute
Boehlert
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Cardin
Chapman
Chenoweth
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Conyers
Cooley
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeLauro
Dellums
Deutsch
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Forbes
Ford
Fox
Frank (MA)
Frisa
Frost
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hansen
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Lazio
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Molinari
Mollohan
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rahall
Rangel
Reed
Richardson
Rivers
Ros-Lehtinen
Roybal-Allard
Rush
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Skaggs
Skelton
Slaughter
Smith (NJ)
Stark
Stokes
Studds
Stupak
Tanner
Tejeda
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
Young (FL)
NOT VOTING--8
Boucher
Clinger
Hayes
Heineman
Hunter
Peterson (FL)
Quillen
Zimmer
So, two-thirds of the Members present not having voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
para.115.60 charlie rose election contest
Mr. THOMAS, by direction of the Committee on House Oversight, reported
(Rept. No. 104-852) the resolution (H. Res. 538) providing dismissing
the election contest against Charlie Rose; referred to the House
Calendar and ordered printed.
para.115.61 charlie rose election contest
Mr. THOMAS submitted the following privileged resolution (H. Res.
538):
Resolved, That the election contest of Robert Anderson,
contestant, against Charlie Rose, contestee, relating to the
office of Representative from the Seventh Congressional
District of North Carolina, is dismissed.
After debate,
On motion of Mr. THOMAS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.115.62 charles bass election contest
Mr. THOMAS, by direction of the Committee on House Oversight, reported
(Rept. No. 104-853) the resolution (H. Res. 539) dismissing the election
contest against Charles F. Bass; referred to the House Calendar and
ordered printed.
para.115.63 charles bass election contest
Mr. THOMAS submitted the following privileged resolution (H. Res.
539):
Resolved, That the election contest of Joseph Haas,
contestant, against Charles F. Bass, contestee, relating to
the office of Representative from the Second Congressional
District of New Hampshire, is dismissed.
After debate,
On motion of Mr. THOMAS, the previous question was ordered on the
resolution to its adoption or rejection and under the operation thereof,
the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.115.64 government security
On motion of Mr. THOMAS, by unanimous consent, the Committee on House
Oversight was discharged from further consideration of the following
concurrent resolution of the Senate (S. Con. Res. 67):
Resolved by the Senate (the House of Representatives
concurring), That there shall be printed as a Senate document
the report of the Commission on Protecting and Reducing
Government Secrecy.
Sec. 2. The document referred to in the first section shall
be--
(1) published under the supervision of the Secretary of the
Senate; and
(2) in such style, form, manner, and binding as directed by
the Joint Committee on Printing, after consultation with the
Secretary of the Senate.
The document shall include illustrations.
Sec. 3. In addition to the usual number of copies of the
document, there shall be printed the lesser of--
(1) 5,000 copies for the use of the Secretary of Senate; or
(2) such number of copies as does not exceed a total
production and printing cost of $45,000.
[[Page 2381]]
When said concurrent resolution was considered.
After debate,
On motion of Mr. THOMAS, the previous question was ordered on the
concurrent resolution to its adoption or rejection and under the
operation thereof, the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.65 capitol guide service
On motion of Mr. THOMAS, by unanimous consent, the Committee on House
Oversight was discharged from further consideration of the bill of the
Senate (S. 2085) to authorize the Capitol Guide Service to accept
voluntary services.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.66 printing resolution
On motion of Mr. THOMAS, by unanimous consent, the Committee on House
Oversight was discharged from further consideration of the following
concurrent resolution of the Senate (S. Con. Res. 34):
Whereas the United States Constitution provides that the
Vice President of the United States shall serve as President
of the Senate; and
Whereas the careers of the 44 Americans who held that post
during the years 1789 through 1993 richly illustrate the
development of the nation and its government; and
Whereas the vice presidency, traditionally the least
understood and most often ignored constitutional office in
the Federal Government, deserves wider attention: Now,
therefore, be it
Resolved by the Senate the House of Representatives
concurring).
SECTION 1. PRINTING OF THE ``VICE PRESIDENTS OF THE UNITED
STATES, 1789-1993''.
(a) In General.--There shall be printed as a Senate
document the book entitled ``Vice Presidents of the United
States, 1789-1993'', prepared by the Senate Historical Office
under the supervision of the Secretary of the Senate.
(b) Specifications.--The Senate document described in
subsection (a) shall include illustrations and shall be in
the style, form, manner, and binding as directed by the Joint
Committee on Printing after consultation with the Secretary
of the Senate.
(c) Number of Copies.--In addition to the usual number of
copies, there shall be printed with suitable binding the
lesser of--
(1) 1,000 copies (750 paper bound and 250 case bound) for
the use of the Senate, to be allocated as determined by the
Secretary of the Senate; or
(2) a number of copies that does not have a total
production and printing cost of more than $11,000.
When said concurrent resolution was considered.
After debate,
On motion of Mr. THOMAS, the previous question was ordered on the
concurrent resolution to its adoption or rejection and under the
operation thereof, the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.115.67 portrait monument relocation
On motion of Mrs. MORELLA, by unanimous consent, the Committee on
House Oversight was discharged from further consideration of the
following concurrent resolution (H. Con. Res. 216):
Whereas in 1995, women of America celebrated the 75th
anniversary of their right to participate in our government
through suffrage;
Whereas Lucretia Mott, Elizabeth Cady Stanton, and Susan B.
Anthony were pioneers in the movement for women's suffrage
and the pursuit of equal rights; and
Whereas the relocation of the Portrait Monument to a place
of prominence and esteem would serve to honor and revere the
contribution of thousands of women: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Architect of the Capitol shall--
(1) restore the Portrait Monument and place it in the
Rotunda of the Capitol for one year at which time it shall be
moved to a permanent site along with an appropriate
educational display, as determined by the commission created
in section 3, and an alternative statue recommended by the
commission shall be placed in the Rotunda;
(2) make all necessary arrangements for a rededication
ceremony of the Portrait Monument in the Rotunda in
conjunction with the Woman Suffrage Statue Campaign; and
(3) use no Federal funds to pay any expense of restoring or
moving the statue.
Sec. 2. The Rotunda of the Capitol is authorized to be used
at a time mutually agreed upon by the majority leader of the
Senate and the Speaker of the House of Representatives for a
ceremony to commemorate and celebrate the statue's return to
the Rotunda.
Sec 3. A commission of 11 interested parties, including
Senators and Representatives, will be appointed. The majority
leader of the Senate will appoint three members and the
minority leader of the Senate will appoint two members to the
commission. The Speaker of the House of Representatives will
appoint one member, the majority leader of the House of
Representatives will appoint two members, the minority leader
of the House of Representatives will appoint two members, and
the Architect of the Capitol will serve as the eleventh
member of the commission. Immediately following the
relocation of the Portrait Monument, the commission shall--
(1) select a permanent site for the Portrait Monument;
(2) plan and develop an educational display to be located
near the statue at its permanent site, describing some of the
most dramatic events of the suffragettes' lives;
(3) select an alternative statue for permanent placement in
the Rotunda of the Capitol to commemorate the struggle of
women in America for equal rights;
(4) provide its recommendation to the Senate and the House
of Representatives no later than one year after the
relocation of the Portrait Monument; and
(5) use no Federal funds to pay any expense of the
educational display and/or relocation of the Portrait
Monument.
When said concurrent resolution was considered.
After debate,
On motion of Mrs. MORELLA, the previous question was ordered on the
concurrent resolution to its adoption or rejection and under the
operation thereof, the concurrent resolution was agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.115.68 suspension of the rules
Mr. McINNIS, pursuant to House Resolution 525, announced the Speaker
will recognize Members for motions to suspend the rules under clause 1,
rule XXVII, Friday, September 27, 1996, for the following bills:
S. 1044, Health Centers Consolidation Act of 1995;
H.R. 3625/S. 1577, to authorize national historical publications;
H.R. 2779, metric conversion;
S. 39, Magnuson;
H.R. 3378, Indian Health Demonstration Project;
H.R. 3546, Walhalla National Fish Hatchery;
H.R. 4073, Underground Railroad;
H.R. 4164, Marshal of the Supreme Court;
H.R. 4194, Administrative Dispute Resolution;
S. 1559, Bankruptcy Technical Amendment;
H. Res. , Bachus Resolution;
H.R. 4000, POW/MIA;
H.R. 4041, Dos Palso Land Conveyance; and
H.R. 3219, Native American Housing.
para.115.69 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate has passed bills of the following titles in
which the concurrence of the House is requested:
S. 1897. An Act to amend the Public Health Service Act to
revise and extend certain programs relating to the National
Institutes of Health, and for other purposes;
S. 1962. An Act to amend the Indian Child Welfare Act of
1978, and for other purposes; and
S. 1973. An Act to provide for the settlement of the
Navajo-Hopi land dispute, and for other purposes.
para.115.70 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
[[Page 2382]]
S. 1897. An Act to amend the Public Health Service Act to
revise and extend certain programs relating to the National
Institutes of Health, and for other purposes; to the
Committee on Commerce.
S. 1973. An Act to provide for the settlement of the
Navajo-Hopi land dispute, and for other purposes; to the
Committee on Resources.
para.115.71 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 1350. An Act to amend the Merchant Marine Act, 1936 to
revitalize the United States-flag merchant marine, and for
other purposes.
H.R. 2366. An Act to repeal an unnecessary medical device
reporting requirement.
H.R. 2504. An Act to designate the Federal building located
at the corner of Patton Avenue and Otis Street, and the
United States courthouse located on Otis Street, in
Asheville, North Carolina, as the ``Veach-Baley Federal
Complex.''
H.R. 2685. An Act to repeal the Medicare and Medicaid
Coverage Data Bank.
H.R. 3056. An Act to permit a county operated health
insurance organization to qualify as an organization exempt
from certain requirements otherwise applicable to health
insuring organizations under the Medicaid program
notwithstanding that the organization enrolls Medicaid
beneficiaries residing in another county.
H.R. 3186. An Act to designate the Federal building located
at 1655 Woodson Road in Overland, Missouri, as the ``Sammy L.
Davis Federal Building.''
H.R. 3400. An Act to designate the Federal building and
United States courthouse to be constructed at a site on 18th
Street between Dodge and Douglas Streets in Omaha, Nebraska,
as the ``Roman L. Hruska Federal Building and United States
Courthouse.''
H.R. 3710. An Act to designate the United States courthouse
under construction at 611 North Florida Avenue in Tampa,
Florida, as the ``Sam M. Gibbons United States Courthouse.''
para.115.72 senate enrolled bill signed
The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 1834. An Act to reauthorize the Indian Environmental
General Assistance Program Act of 1992.
para.115.73 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
H.R. 1350. An Act to amend the Merchant Marine Act, 1936,
to revitalize the United States-flag merchant marine, and for
other purposes.
H.R. 2366. An Act to repeal an unnecessary medical device
reporting requirement.
H.R. 2504. An Act to designate the Federal building located
at the corner of Patton Avenue and Otis Street, and the
United States courthouse located on Otis Street, in
Asheville, North Carolina, as the ``Veach-Baley Federal
Complex.''
H.R. 2685. An Act to repeal the Medicare and Medicaid
Coverage Data Bank.
H.R. 3056. An Act to permit a county-operated health
insuring organization to qualify as an organization exempt
from certain requirements otherwise applicable to health
insuring organizations under the Medicaid program
notwithstanding that the organization enrolls Medicaid
beneficiaries residing in another county.
H.R. 3186. An Act to designate the federal building located
at 1655 Woodson Road in Overland, Missouri, as the ``Sammy L.
Davis Federal Building.''
H.R. 3400. An Act to designate the Federal building and
United States courthouse to be constructed at a site on 18th
Street between Dodge and Douglas Streets in Omaha, Nebraska,
as the ``Roman L. Huska Federal Building and United States
Courthouse.''
H.R. 3710. An Act to designate the United States courthouse
under construction at 611 North Florida Avenue in Tampa,
Florida, as the ``Sam M. Gibbons United States Courthouse.''
And then,
para.115.74 adjournment
On motion of Mr. DORNAN, at 12 o'clock midnight, the House adjourned.
para.115.75 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. CANADY: Committee on the Judiciary. H.R. 3874. A bill
to reauthorize the U.S. Commission on Civil Rights, and for
other purposes; with amendments (Rept. No. 104-846). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
H.R. 2086. A bill to increase the overall economy and
efficiency of Government operations and enable more efficient
use of Federal funding, by enabling local governments and
private, nonprofit organizations to use amounts available
under certain Federal assistance programs in accordance with
approved local flexibility plans; with an amendment (Rept.
No. 104-847). Referred to the Committee of the Whole House on
the State of the Union.
Mr. SHUSTER: Committee of Conference. Conference report on
H.R. 3539. A bill to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes (Rept. No. 104-848). Ordered to be
printed.
Mr. CLINGER: Committee on Government Reform and Oversight.
Investigation of the White House Travel Office Firings and
Related Matters (Rept. No. 104-949). Referred to the
Committee of the Whole House on the State of the Union.
Mrs. MEYERS: Committee on Small Business. H.R. 3158. A bill
to amend the Small Business Act to extend the pilot Small
Business Technology Transfer program, and for other purposes;
with an amendment (Rept. No. 104-850). Referred to the
Committee of the Whole House on the State of the Union.
Mr. LINDER: Committee on Rules. House Resolution 540.
Resolution Waiving points of order against the conference
report to accompany the bill (H.R. 3539) to amend title 49,
United States Code, to reauthorize programs of the Federal
Aviation Administration, and for other purposes (Rept. No.
104-851). Referred to the House Calendar.
Mr. THOMAS: Committee on House Oversight. House Resolution
538. Resolution Dismissing the election contest against
Charlie Rose (Rept. No. 104-852). Referred to the House
Calendar.
Mr. THOMAS: Committee on House Oversight. House Resolution
539. Resolution Dismissing the election contest against
Charles F. Bass (Rept. No. 104-853). Referred to the House
Calendar.
para.115.76 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Ms. GREENE of Utah:
H.R. 4193. A bill to amend title 18, United States Code, to
provide that witnesses in grand jury proceedings have the
presence and advice of counsel during that witness'
testimony; to the Committee on the Judiciary.
By Mr. HYDE (for himself, Mr. Gekas, and Mr. Reed):
H.R. 4194. A bill to reauthorize alternative means of
dispute resolution in the Federal administrative process, and
for other purposes; to the Committee on the Judiciary.
By Mr. BALDACCI:
H.R. 4195. A bill to designate a U.S. Post Office in
Brewer, ME, as the ``General Joshua Lawrence Chamberlain Post
Office''; to the Committee on Government Reform and
Oversight.
By Mr. BURR (for himself, Mr. Greenwood, Mr. Flake, Mr.
Brown of Ohio, Mr. Borski, Mr. Coble, Mr. Heineman,
Mr. Taylor of North Carolina, Mr. Payne of Virginia,
Mr. Chapman, and Mr. Smith of Texas):
H.R. 4196. A bill to amend the Public Health Service Act to
establish the National Institute of Biomedical Imaging; to
the Committee on Commerce.
By Mr. CAMP:
H.R. 4197. A bill to amend the Internal Revenue Code of
1986 to permit States to make advance payments of the earned
income credit; to the Committee on Ways and Means.
By Mr. CRANE (for himself, Mr. Rangel, and Mr.
McDermott):
H.R. 4198. A bill to authorize a new trade and investment
policy for sub-Saharan Africa; to the Committee on
International Relations, and in addition to the Committees on
Ways and Means, and Banking and Financial Services, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HASTINGS of Florida (for himself, Mrs. Meek of
Florida, Mr. Diaz-Balart, and Mr. Miller of Florida):
H.R. 4199. A bill to amend the Act entitled ``An Act to
provide for the establishment of the Everglades National Park
in the State of Florida and for other purposes,'' approved
May 30, 1934, to clarify certain rights of the Miccosukee
Tribe of Indians of Florida; to the Committee on Resources.
By Mrs. JOHNSON of Connecticut:
H.R. 4200. A bill to amend the Internal Revenue Code of
1986 to encourage the cleanup of contaminated brownfield
sites; to the Committee on Ways and Means.
H.R. 4201. A bill to amend the Internal Revenue Code of
1986 to encourage qualified conservation contributions by
individuals of capital gain property; to the Committee on
Ways and Means.
By Mr. JOHNSON of South Dakota:
H.R. 4202. A bill to amend section 6901 of title 31, United
States Code, to provide for certain lands taken into trust
for Indian Tribes to be included in the definition of
entitlement land; to the Committee on Resources.
By Mr. JONES:
H.R. 4203. A bill to require the Secretary of the Treasury
to mint and issue coins in commemoration of the centennial
anniversary of the first manned flight of Orville and Wilbur
Wright in Kitty Hawk, NC, on December 17, 1903; to the
Committee on Banking and Financial Services.
[[Page 2383]]
By Mrs. KENNELLY (for herself, Mrs. Meek of Florida,
Mrs. Maloney, Ms. McKinney, Ms. DeLauro, Miss Collins
of Michigan, Ms. Furse, Ms. Kaptur, Ms. Slaughter,
Ms. Brown of Florida, Ms. Eddie Bernice Johnson of
Texas, Ms. Pelosi, Mrs. Lowey, Ms. Norton, and Ms.
Roybal-Allard):
H.R. 4204. A bill to amend the Internal Revenue Code of
1986 to provide comprehensive pension protection for women;
to the Committee on Ways and Means, and in addition to the
Committees on Economic and Educational Opportunities,
Transportation and Infrastructure, and Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. KING:
H.R. 4205. A bill to amend title 49, United States Code,
concerning employment standards for airport security
personnel; to the Committee on Transportation and
Infrastructure.
By Mr. LIGHTFOOT:
H.R. 4206. A bill to amend the Internal Revenue Code of
1986 to provide that the amount of the aviation excise taxes
for any fiscal year shall equal the expenditures from the
Airport and Airway Trust Fund for the prior fiscal year, and
for other purposes; to the Committee on Ways and Means, and
in addition to the Committees on the Budget, Government
Reform and Oversight, and Transportation and Infrastructure,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. LIVINGSTON:
H.R. 4207. A bill to amend the Higher Education Act of 1965
to protect the speech and association rights of students
attending institutions of higher education; to the Committee
on Economic and Educational Opportunities.
By Ms. LOFGREN:
H.R. 4208. A bill to amend title 18, United States Code, to
regulate the manufacture, importation, and sale of any
projectile that may be used in a handgun and is capable of
penetrating police body armor, and to prohibit persons
convicted of a crime involving domestic violence from owning
or possessing firearms, and for other purposes; to the
Committee on the Judiciary.
By Mr. McCOLLUM:
H.R. 4209. A bill to amend the National Voter Registration
Act of 1993 to require each individual registering to vote in
elections for Federal office to provide the individual's
Social Security number and to permit a State to remove a
registrant who fails to vote in two consecutive general
elections for Federal office from the official list of
eligible voters in elections for Federal office on the ground
that the registrant has changed residence, if the registrant
fails to respond to written notices requesting confirmation
of the registrant's residence; to the Committee on House
Oversight.
H.R. 4210. A bill to amend the Immigration and Nationality
Act to permit certain aliens who are at least 55 years of age
to obtain a 4-year nonimmigrant visitor's visa; to the
Committee on the Judiciary.
H.R. 4211. A bill to direct the Secretary of the Army to
conduct a study of mitigation banks, and for other purposes;
to the Committee on Transportation and Infrastructure.
By Mr. McDERMOTT:
H.R. 4212. A bill to suspend temporarily the duty on
certain materials used in the manufacture of skis and
snowboards; to the Committee on Ways and Means.
By Mr. McINNIS (for himself and Mr. Thornberry):
H.R. 4213. A bill to require the Secretary of the Interior
to exchange certain lands located in Hinsdale, CO; to the
Committee on Resources.
By Mr. ORTON:
H.R. 4214. A bill to amend the Antiquities Act to provide
for the congressional approval of the establishment of
national monuments, and for other purposes; to the Committee
on Resources, and in addition to the Committee on Rules, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. PETRI:
H.R. 4215. A bill to provide for the establishment and
maintenance of personal Social Security investment accounts
for all Americans under the Social Security system; to the
Committee on Ways and Means, and in addition to the
Committees on Government Reform and Oversight, and Rules, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. REED:
H.R. 4216. A bill to require that jewelry boxes imported
from another country be indelibly marked with the country of
origin; to the Committee on Ways and Means.
By Mrs. SCHROEDER (for herself, Mr. Dingell, Ms.
McKinney, Mrs. Lowey, Mrs. Clayton, Ms. Norton, and
Mrs. Meek of Florida):
H.R. 4217. A bill to promote safer motherhood through
improved surveillance and research on pregnancy outcomes
through health professional and public education regarding
pregnancy-related morbidity and mortality, through increased
public education concerning folic acid supplements, through
requiring health plan coverage of minimum hospital stays for
childbirth, and through establishment of quality standards
for facilities performing ultrasound procedures; to the
Committee on Commerce, and in addition to the Committee on
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SCHUMER (for himself, Mr. Reed, Mr. Pallone, and
Mr. Miller of California):
H.R. 4218. A bill to increase penalties and strengthen
enforcement of environmental crimes, and for other purposes;
to the Committee on the Judiciary, and in addition to the
Committees on Commerce, Agriculture, Transportation and
Infrastructure, and Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STARK:
H.R. 4219. A bill to amend title 11 of the United States
Code to make nondischargeable debts for overpayments received
under title XVIII or XIX of the Social Security Act, and to
except from automatic stay exclusion from program
participation under the Social Security Act; to the Committee
on the Judiciary.
By Mr. STARK:
H.R. 4220. A bill to amend the Internal Revenue Code of
1986 and titles XVIII and XIX of the Social Security Act to
ensure access to services and prevent fraud and abuse for
enrollees of managed care plans, to amend standards for
Medicare supplemental policies, to modify the Medicare select
program, and to provide other protections for beneficiaries
of health plans generally, and for other purposes; to the
Committee on Ways and Means, and in addition to the Committee
on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. STOCKMAN:
H.R. 4221. A bill to amend the tort claims procedures in
title 28, United States Code, to allow a member of a
uniformed service to bring an action for personal injury
against a health care professional in a uniformed service,
with the exception of injuries received during a declared
state of war; to the Committee on the Judiciary.
H.R. 4222. A bill to amend the Internal Revenue Code of
1986 to allow individuals a credit against income tax for
tuition and related expenses for nonpublic elementary and
secondary education; to the Committee on Ways and Means.
By Mr. TRAFICANT (for himself and Mr. Visclosky):
H.R. 4223. A bill to designate the U.S. post office located
at 125 West South Street, Indianapolis, IN, as the ``Andrew
Jacobs, Jr., United States Post Office''; to the Committee on
Government Reform and Oversight.
By Mr. TRAFICANT (for himself and Mr. Dornan):
H.R. 4224. A bill to provide for a three-judge division of
the court to determine whether cases alleging breach of
secret Government contracts should be tried in court; to the
Committee on the Judiciary.
By Mr. KING (for himself and Mr. Manton):
H.J. Res. 196. Joint resolution to recognize Commodore John
Berry as the first flag officer of the U.S. Navy; to the
Committee on National Security.
By Mr. SHUSTER:
H. Con. Res. 221. Concurrent resolution directing the Clerk
of the House to make corrections in the enrollment of H.R.
3159; considered and agreed to.
By Mr. DORNAN:
H. Con. Res. 222. Concurrent resolution providing that
George Washington's ``Farewell Address'' shall be read at the
beginning of each Congress; to the Committee on Rules.
By Ms. GREENE of Utah (for herself and Mr. Hansen):
H. Con. Res. 223. Concurrent resolution expressing the
sense of the Congress with respect to considering addiction
to nicotine to be a disability; to the Committee on Economic
and Educational Opportunities.
By Mr. THOMAS:
H. Res. 538. Resolution dismissing the election contest
against Charlie Rose; considered and agreed to.
H. Res. 539. Resolution dismissing the election contest
against Charles F. Bass; considered and agreed to.
By Mr. CASTLE (for himself, Mr. Wolf, Mr. Gilchrest,
Mr. Greenwood, Mr. Gilman, Mr. Solomon, Mr. Inglis of
South Carolina, Mr. Wicker, Mr. Lipinski, Mr. Durbin,
Mr. McKeon, Mr. Heineman, Ms. Lofgren, Mrs. Myrick,
and Mr. Portman):
H. Res. 541. Resolution to express the sense of the House
of Representatives concerning violence on television; to the
Committee on Commerce.
By Mr. HOYER (for himself, Mr. Mascara, Mr. King, Mr.
Cardin, Mr. Moran, Mr. Markey, Mr. Richardson, Mr.
Lantos, and Mr. Clement):
H. Res. 542. Resolution concerning the implementation of
the General Framework Agreement for Peace in Bosnia and
Herzegovina; to the Committee on International Relations.
[[Page 2384]]
By Mrs. SCHROEDER (for herself and Mrs. Maloney):
H. Res. 543. Resolution expressing the sense of the House
of Representatives that the United States and the United
Nations should support the election of a woman for the
Secretary General of the United Nations; to the Committee on
International Relations.
para.115.77 private bills and resolutions
Under clause 1 of rule XXII, private bills and resolutions were
introduced and severally referred as follows:
By Mr. BASS (by request):
H.R. 4225. A bill to authorize the Secretary of
Transportation to issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
and fisheries for the vessel Hey, Da!; to the Committee on
Transportation and Infrastructure.
By Mr. ROTH:
H.R. 4226. A bill to require approval of an application for
compensation for the injuries of Eugene Hasenfus; to the
Committee on the Judiciary.
By Mrs. THURMAN (for herself, Mrs. Fowler, Mr. Deutsch,
and Mr. Bilirakis):
H.R. 4227. A bill to temporarily waive the enrollment
composition rule under the Medicaid Program for certain
health maintenance organizations; to the Committee on
Commerce.
para.115.78 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 78: Mr. LaHood.
H.R. 218: Mr. Pombo.
H.R. 789: Mr. Wynn.
H.R. 820: Mr. Campbell and Mr. Dicks.
H.R. 1055: Mr. Lipinski and Mr. Green of Texas.
H.R. 1136: Mr. Kennedy of Massachusetts, Mr. Frank of
Massachusetts, Ms. Norton, and Ms. Millender-McDonald.
H.R. 1402: Mr. Studds.
H.R. 1406: Mr. Skelton.
H.R. 1582: Mr. Condit.
H.R. 1619: Mr. Thompson.
H.R. 1711: Mr. Lewis of Kentucky.
H.R. 1748: Mr. Pomeroy.
H.R. 2011: Mrs. Maloney, Mrs. Morella, and Mr. Herger.
H.R. 2019: Mr. Rohrabacher.
H.R. 2089: Mr. Latham, Mr. Walsh, Mrs. Kelly, Mrs.
Chenoweth, Mr. Hobson, Mr. Lightfoot, and Mr. Souder.
H.R. 2892: Mr. McNulty and Mr. Engel.
H.R. 2962: Ms. DeLauro.
H.R. 2976: Mr. Abercrombie, Mr. Metcalf, and Mr. Johnson of
South Dakota.
H.R. 3012: Mr. Zimmer, Mr. Gilchrest, and Mr. Torkildsen.
H.R. 3037: Mr. Lucas, Mr. Longley, Mr. LaHood, and Mr.
Brownback.
H.R. 3057: Mr. Pallone, Ms. Waters, Ms. Harman, Mr. Barrett
of Wisconsin, and Ms. Slaughter.
H.R. 3077: Mr. Hayes.
H.R. 3084: Mr. Campbell, Mr. Bass, Mr. Camp, and Mr.
DeFazio.
H.R. 3142: Mrs. Cubin.
H.R. 3195: Mr. Callahan, Mr. Hilleary, and Mr. Kim.
H.R. 3226: Mr. Crapo and Mr. Bonior.
H.R. 3368: Mr. McCollum.
H.R. 3401: Mr. Pallone.
H.R. 3455: Mr. McHale, Mr. Stark, Ms. Furse, Mrs. Maloney,
and Ms. Pelosi.
H.R. 3498: Mr. Brown of California.
H.R. 3514: Mr. Weldon of Pennsylvania.
H.R. 3538: Mr. Green of Texas.
H.R. 3551: Mr. Lazio of New York
H.R. 3558: Mr. Filner, Ms. Woolsey, Mr. Frank of
Massachusetts, Mr. Brown of California, Mr. LaFalce, and Mrs.
Mink of Hawaii.
H.R. 3688: Mr. Walsh.
H.R. 3692: Mr. Saxton, Mr. Tauzin, Mr. Coble, and Mr.
Dornan.
H.R. 3714: Ms. Kaptur and Mr. Frazer.
H.R. 3775: Mr. Fields of Texas, Mr. Norwood, Ms. Norton,
Mr. Collins of Georgia, and Ms. Jackson-Lee.
H.R. 3840: Mr. Shadegg and Mr. Horn.
H.R. 3849: Mr. Shadegg.
H.R. 3857: Mr. Oberstar and Mr. Conyers.
H.R. 3920: Mr. Dellums.
H.R. 3938: Mr. Green of Texas.
H.R. 4011: Mr. Minge, Mr. McHale, Mr. Deal of Georgia, Mr.
Weldon of Pennsylvania, and Mr. Longley.
H.R. 4014: Mr. Franks of New Jersey.
H.R. 4052: Ms. McKinney, Mr. Waxman, Mr. Walsh, Mr. Jacobs,
Mr. Lewis of Georgia, Mr. Hilliard, Mr. Coyne, Mr. Kildee,
Mr. Obey, Mr. Clay, Mr. Andrews, Mr. Levin, Mr. Rangel, Mr.
Sanders, Mr. Hastings of Florida, Mr. Martinez, Mr. Evans,
Mr. Bonior, Mr. Manton, Mr. LaFalce, Mr. Pallone, and Ms.
Norton.
H.R. 4082: Mr. Martinez, Mr. Bono, Mr. Fazio of California,
and Mr. Farr.
H.R. 4102: Ms. Norton, Ms. Kaptur, Mr. Minge, Mr.
Chambliss, Mr. Quillen, and Mr. Ehlers.
H.R. 4105: Mr. Hancock, Mr. Packard, Mr. Hefley, Mr.
Sanford, Mr. Tate, Mr. Neumann, Mr. Tiahrt, Mr. Metcalf, and
Mr. Canady.
H.R. 4113: Ms. Norton, Mrs. Thurman, Mr. Fattah, Mr.
Hinchey, and Mr. Frazer.
H.R. 4126: Mr. Hunter and Mr. Dornan.
H.R. 4131: Mr. Frost, Ms. Rivers, Mr. Bevill, Mr. Peterson
of Minnesota, Mr. Filner, Mr. Evans, Ms. Pelosi, Mr. Clement,
and Mr. Rahall.
H.R. 4133: Mr. Filner, Mrs. Meek of Florida, Mr. Brown of
California, Ms. Norton, Mr. Watt of North Carolina, Mr.
Frazer, and Mr. Houghton.
H.R. 4145: Mr. Meehan, Mr. Towns, Mrs. Schroeder, Ms.
Jackson-Lee, Miss Collins of Michigan, and Ms. Norton.
H.R. 4148: Mr. Baldacci, Mr. Barrett of Nebraska, Mr.
Bevill, Mr. Bishop, Mr. Bonior, Ms. Brown of Florida, Mr.
Bryant of Texas, Mr. Cardin, Mr. Clay, Mr. Clyburn, Mr.
Cramer, Mr. Coleman, Miss Collins of Michigan, Mr. Condit,
Mr. Coyne, Mr. Cummings, Mr. de la Garza, Mr. Dellums, Mr.
Dicks, Mr. Dingell, Mr. Doyle, Mr. Edwards, Mr. Engel, Mr.
Fattah, Mr. Fazio of California, Mr. Fields of Louisiana, Mr.
Foglietta, Mr. Ford, Mr. Frank of Massachusetts, Mr. Frost,
Ms. Furse, Mr. Gephardt, Mr. Gordon, Mr. Gonzalez, Mr. Green
of Texas, Mr. Gutierrez, Mr. Hall of Ohio, Mr. Hamilton, Ms.
Harman, Mr. Hastings of Florida, Mr. Hayworth, Mr. Hefner,
Mr. Hilliard, Mr. Hinchey, Mr. Hoyer, Mr. Jackson, Ms.
Jackson-Lee, Mr. Jefferson, Ms. Eddie Bernice Johnson of
Texas, Mr. Sam Johnson, Mr. Johnston of Florida, Ms. Kaptur,
Mr. Kildee, Mr. King, Mr. Klink, Mr. LaFalce, Mr. Lewis of
Georgia, Mr. Levin, Mr. Linder, Mr. Lipinski, Ms. Lofgren,
Mrs. Maloney, Mr. Markey, Mr. McCollum, Ms. McKinney, Mr.
McNulty, Mr. Meehan, Mrs. Meek of Florida, Mr. Miller of
California, Ms. Millender-McDonald, Mr. Minge, Mr. Mollohan,
Mr. Montgomery, Mr. Moran, Mr. Murtha, Mr. Nadler, Mr.
Oberstar, Mr. Olver, Mr. Orton, Mr. Owens, Mr. Pallone, Mr.
Parker, Mr. Pastor, Mr. Payne of New Jersey, Ms. Pelosi, Mr.
Pomeroy, Mr. Porter, Mr. Poshard, Mr. Rangel, Ms. Rivers, Mr.
Rose, Ms. Roybal-Allard, Mr. Sawyer, Mrs. Schroeder, Mr.
Schumer, Mr. Serrano, Mr. Shays, Ms. Slaughter, Mr. Solomon,
Mr. Thomas, Mrs. Thurman, Mr. Torres, Mr. Traficant, Mr.
Ward, Ms. Waters, Mr. Waxman, Mr. Williams, Mr. Wise, Ms.
Woolsey, and Mr. Wynn.
H.R. 4159: Mrs. Fowler.
H.R. 4170: Mr. Fox, Mr. Bliley, Mr. Nethercutt, Mr. English
of Pennsylvania, Mr. Dornan, Mr. Hilleary, Mr. Sensenbrenner,
Mr. Paxon, Mr. Barr, Mr. Parker, Mr. Hutchinson, Ms.
Molinari, Mr. Solomon, Mr. Christensen, Ms. Greene of Utah,
Mrs. Myrick, Mrs. Chenoweth, Mr. Bunn of Oregon, Mr. Canady,
and Mr. Deal of Georgia.
H.J. Res. 174: Mr. Allard.
H.J. Res. 195: Mr. Dellums, Mr. Foglietta, Mr. Cummings,
and Mr. Frost.
H. Con. Res. 21: Mrs. Clayton.
H. Con. Res. 205: Mrs. Schroeder, Mr. Filner, Mrs. Lowey,
Mr. Cunningham, Mr. Brown of California, Mr. Evans, Mr.
Ackerman, Mr. Doyle, and Mr. King.
H. Con. Res. 209: Mr. Flanagan.
H. Con. Res. 210: Mr. Fields of Louisiana, Mr. Pastor, Mr.
Blute, Mr. Bryant of Texas, Mr. Peterson of Florida, Mr.
Buyer, Mrs. Myrick, Mr. Quinn, Mr. Pallone, Mr. Ackerman, Ms.
Molinari, Mr. Davis, Mr. Filner, Mr. Frank of Massachusetts,
Mr. LaHood, Ms. Lofgren, Mr. Sabo, Mr. Pete Geren of Texas,
Ms. Ros-Lehtinen, Mr. Baldacci, Mr. Bereuter, Mr. Flake, Mr.
McNulty, Ms. Dunn of Washington, Mr. Heineman, Mr. Ensign,
Mr. Coble, Mr. Stockman, Mr. Wolf, Mr. Cunningham, Mr.
Hastings of Florida, Ms. Pelosi, Mr. Ballenger, Mr. Schiff,
Mr. Ewing, Mr. Camp, Mr. LaTourette, Mr. Miller of Florida,
and Mr. LoBiondo.
H. Con. Res. 216: Mr. Fawell.
H. Con. Res. 218: Mr. Walker, Mr. Kingston, Mr. Mica, Mr.
Campbell, Mr. Everett, Mr. Hoke, Mr. Hoekstra, Mr. Graham,
Mr. McKeon, Mr. Nethercutt, Mr. Salmon, Mr. Stump, Mr. Upton,
Mr. Weldon of Pennsylvania, Mr. Barr, Mr. Chrysler, Mr.
Kolbe, Mr. Istook, and Mr. Forbes.
H. Res. 30: Mr. Calvert, Mr. Smith of Michigan, and Ms.
Jackson-Lee.
H. Res. 441: Mr. Cox.
H. Res. 510: Mr. Ensign and Mr. Fox.
.
FRIDAY, SEPTEMBER 27, 1996 (116)
para.116.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. INGLIS,
who laid before the House the following communication:
Washington, DC,
September 27, 1996.
I hereby designate the Honorable Bob Inglis to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.116.2 approval of the journal
The SPEAKER pro tempore, Mr. INGLIS, announced he had examined and
approved the Journal of the proceedings of Thursday, September 26, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.116.3 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with amendments in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 3458. An Act to increase, effective as of December 1,
1996, the rates of compensa
[[Page 2385]]
tion for veterans with service-connected disabilities and the
rates of dependency and indemnity compensation for the
survivors of certain disabled veterans.
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 1505. An Act to reduce risk to public safety and the
environment associated with pipeline transportation of
natural gas and hazardous liquids, and for other purposes.
S. 2078. An Act to authorize the sale of excess Department
of Defense aircraft to facilitate the suppression of
wildlife.
S. 2100. An Act to provide for the extension of certain
authority for the Marshal of the Supreme Court and the
Supreme Court Police.
para.116.4 health centers consolidation
Mr. BILIRAKIS, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 1044) to amend title III of
the Public Health Service Act to consolidate and reauthorize provisions
relating to health centers, and for other purposes.
The SPEAKER pro tempore, Mr. INGLIS, recognized Mr. BILIRAKIS and Mr.
WAXMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. INGLIS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.5 notice of suspension of the rules
Mr. MICA, pursuant to House Resolution 525, at 9:32 a.m. announced the
Speaker will recognize a Member for a motion to suspend the rules under
clause 1, rule XXVII, today with respect to the concurrent resolution
(H. Con. Res. 218) expressing the sense of the Congress that the
President should categorically disavow any intention of issuing pardons
to James or Susan McDougal or Jim Guy Tucker.
para.116.6 national historical publications and records authorization
Mr. MICA, pursuant to House Resolution 525, moved to suspend the rules
and pass the bill of the Senate (S. 1577) to authorize appropriations
for the National Historical Publications and Records Commission for
fiscal years 1998, 1999, 2000, and 2001.
The SPEAKER pro tempore, Mr. INGLIS, recognized Mr. MICA and Mrs.
THURMAN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. INGLIS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.7 walhalla national fish hatchery
Mr. SAXTON, pursuant to House Resolution 525, moved to suspend the
rules and agree to the following amendments of the Senate to the bill
(H.R. 3546) to direct the Secretary of the Interior to convey the
Walhalla National Fish Hatchery to the State of South Carolina:
Page 1, after line 2 insert:
TITLE I--WALHALLA NATIONAL FISH HATCHERY
Page 2, line 1, strike out ``SECTION 1'' and insert ``SEC.
101''.
Page 2, line 4, strike out ``SEC. 2'' and insert ``SEC.
102''.
Page 3, after line 7 insert:
TITLE II--CORRECTION OF COASTAL BARRIER RESOURCES MAP
SEC. 201. CORRECTIONS OF MAP.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior shall
make such corrections to the set of maps described in
subsection (b) as are necessary to move the southern-most
boundary of Unit SC-01 of the Coastal Barrier Resources
System (known as the ``Long Pond Unit'') to exclude from the
Unit the structures known as ``Lands End'', ``Beachwalk'',
and ``Courtyard Villas'', including the land lying between
the structures. The corrected southern boundary shall extend
in a straight line, at the break in development, between the
coast and the north boundary of the unit.
(b) Maps.--The set of maps described in this subsection is
the set of maps entitled ``Coastal Barrier Resources System''
dated October 24, 1990, insofar as the maps relate to Unit
SC-01 of the Coastal Barrier Resources System.
The SPEAKER pro tempore, Mr. INGLIS, recognized Mr. SAXTON and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendments?
The SPEAKER pro tempore, Mr. INGLIS, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendments were agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendments were agreed to was passed was, by unanimous consent,
laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.8 underground railroad
Mr. HANSEN, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4073) to authorize the National Park
Service to coordinate programs with, provide technical assistance to,
and enter into cooperative agreements with, the National Underground
Railroad Freedom Center in Cincinnati, Ohio, and for other purposes.
The SPEAKER pro tempore, Mr. INGLIS, recognized Mr. HANSEN and Mr.
MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. KINGSTON, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. VENTO demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. KINGSTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.116.9 indian health demonstration project
Mr. YOUNG of Alaska, pursuant to House Resolution 525, moved to
suspend the rules and agree to the following resolution (H. Res. 544):
Resolved, That upon adoption of this resolution the bill
(H.R. 3378) to amend the Indian Health Care Improvement Act
to extend the demonstration program for direct billing of
Medicare, Medicaid, and other third party payors, with the
Senate amendment thereto, shall be considered to have been
taken from the Speaker's table to the end that the Senate
amendment thereto be, and the same are hereby, agreed to with
an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
to the text of the bill, insert the following:
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--Tthis Act may be cited as the ``Indian
Health Care Improvement Technical Corrections Act of 1996''.
(b) References.--Whenever in this Act an amendment or
repeal is expressed in terms of an amendment to or repeal of
a section or other provision, the reference shall be
considered to be made to a section or other provision of the
Indian Health Care Improvement Act.
SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE
IMPROVEMENT ACT.
(a) Definition of Health Profession.--Section 4(n) (25
U.S.C. 1603(n)) is amended)--
(1) by inserting ``allopathic medicine,'' before ``family
medicine''; and
(2) by striking ``and allied health professions'' and
inserting ``an allied health profession, or any other health
profession''.
(b) Indian Health Professions Scholarships.--Section 204(b)
of the Indian Health Care Improvement Act (25 U.S.C.
1613a(b)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
[[Page 2386]]
(i) by striking the matter preceding clause (i) and
inserting the following:
``(3)(A) The active duty service obligation under a written
contract with the Secretary under section 338A of the Public
Health Service Act (42 U.S.C. 254l) that an individual has
entered into under that section shall, if that individual is
a recipient of an Indian Health Scholarship, be met in full-
time practice, by service--'';
(ii) by striking ``or'' at the end of clause (iii); and
(iii) by striking the period at the end of clause (iv) and
inserting ``; or'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) At the request of any individual who has entered into
a contract referred to in subparagraph (A) and who receives a
degree in medicine (including osteopathic or allopathic
medicine), dentistry, optometry, podiatry, or pharmacy, the
Secretary shall defer the active duty service obligation of
that individual under that contract, in order that such
individual may complete any internship, residency, or other
advanced clinical training that is required for the practice
of that health profession, for an appropriate period (in
years, as determined by the Secretary), subject to the
following conditions:
``(i) No period of internship, residency, or other advanced
clinical training shall be counted as satisfying any period
of obligated service that is required under this section.
``(ii) The active duty service obligation of that
individual shall commence not later than 90 days after the
completion of that advanced clinical training (or by a date
specified by the Secretary).
``(iii) The active duty service obligation will be served
in the health profession of that individual, in a manner
consistent with clauses (i) through (v) of subparagraph
(A).'';
(D) in subparagraph (C), as so redesignated, by striking
``prescribed under section 338C of the Public Health Service
Act (42 U.S.C. 254m) by service in a program specified in
subparagraph (A)'' and inserting ``described in subparagraph
(A) by service in a program specified in that subparagraph'';
and
(E) in subparagraph (D), as so redesignated--
(i) by striking ``Subject to subparagraph (B),'' and
inserting ``Subject to subparagraph (C),''; and
(ii) by striking ``prescribed under section 338C of the
Public Health Service Act (42 U.S.C. 254m)'' and inserting
``described in subparagraph (A)'';
(2) in paragraph (4)--
(A) in subparagraph (B), by striking the matter preceding
clause (i) and inserting the following:
``(B) the period of obligated service described in
paragraph (3)(A) shall be equal to the greater of--''; and
(B) in subparagraph (C), by striking ``(42 U.S.C.
254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))'';
and
(3) in paragraph (5), by adding at the end the following
new subparagraphs:
``(C) Upon the death of an individual who received an
Indian Health Scholarship, any obligation of that individual
for service or payment that relates to that scholarship shall
be canceled.
``(D) The Secretary shall provide for the partial or total
waiver or suspension of any obligation of service or payment
of a recipient of an Indian Health Scholarship if the
Secretary determines that--
``(i) it is not possible for the recipient to meet that
obligation or make that payment;
``(ii) requiring that recipient to meet that obligation or
make that payment would result in extreme hardship to the
recipient; or
``(iii) the enforcement of the requirement to meet the
obligation or make the payment would be unconscionable.
``(E) Notwithstanding any other provision of law, in any
case of extreme hardship or for other good cause shown, the
Secretary may waive, in whole or in part, the right of the
United States to recover funds made available under this
section.
``(F) Notwithstanding any other provision of law, with
respect to a recipient of an Indian Health Scholarship, no
obligation for payment may be released by a discharge in
bankruptcy under title 11, United States Code, unless that
discharge is granted after the expiration of the 5-year
period beginning on the initial date on which that payment is
due, and only if the bankruptcy court finds that the
nondischarge of the obligation would be unconscionable.''.
(c) California Contract Health Service Demonstration
Program.--Section 211(g) (25 U.S.C. 1621j(g)) is amended by
striking ``1993, 1994, 1995, 1996, and 1997'' and inserting
``1996 through 2000''.
(d) Extension of Certain Demonstration Program.--Section
405(c)(2) (25 U.S.C. 1645(c)(2)) is amended by striking
``September 30, 1996'' and inserting ``September 30, 1998''.
(e) Gallup Alcohol and Substance Abuse Treatment Center.--
Section 706(d) (25 U.S.C. 1665e(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated, for each of fiscal years 1996
through 2000, such sums as may be necessary to carry out
subsection (b).''.
(f) Substance Abuse Counselor Education Demonstration
Program.--Section 711(h) (25 U.S.C. 1665j(h)) is amended by
striking ``1993, 1994, 1995, 1996, and 1997'' and inserting
``1996 through 2000''.
(3) Home and Community-Based Care Demonstration Program.--
Section 821(i) (25 U.S.C. 1680k(i)) is amended by striking
``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996
through 2000''.
The SPEAKER pro tempore, Mr. KINGSTON, recognized Mr. YOUNG of Alaska
and Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said resolution?
The SPEAKER pro tempore, Mr. KINGSTON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said resolution was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said resolution was agreed to was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.116.10 sustainable fisheries act
Mr. YOUNG of Alaska, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill of the Senate (S. 39) to amend the
Magnuson Fishery Conservation and Management Act to authorize
appropriations, to provide for sustainable fisheries, and for other
purposes.
The SPEAKER pro tempore, Mr. KINGSTON, recognized Mr. YOUNG of Alaska
and Mr. STUDDS, each for 20 minutes.
After debate,
By unanimous consent, the time for debate was extended by an
additional 10 minutes.
After further debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. KINGSTON, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. MILLER of California demanded that the vote be taken by the yeas
and nays, which demand was supported by one-fifth of the Members
present, so the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. KINGSTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.116.11 authority for the marshal of the supreme court
Mr. HYDE, pursuant to House Resolution 525, moved to suspend the rules
and pass the bill (H.R. 4164) to provide for the extension of certain
authority for the Marshal of the Supreme Court and the Supreme Court
Police.
The SPEAKER pro tempore, Mr. KINGSTON, recognized Mr. HYDE and Mrs.
SCHROEDER, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. KINGSTON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
On motion of Mr. HYDE, by unanimous consent, the bill of the Senate
(S. 2100) to provide for the extension of certain authority for the
Marshal of the Supreme Court and the Supreme Court Police; was taken
from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
By unanimous consent, H.R. 4164, a similar House bill, was laid on the
table.
para.116.12 administrative dispute resolution
Mr. GEKAS, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4194) to reauthorize alternative means of
dispute resolution in the Federal administrative process, and for other
purposes.
The SPEAKER pro tempore, Mr. KINGSTON, recognized Mr. GEKAS and Mr.
REED, each for 20 minutes.
[[Page 2387]]
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. KINGSTON, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.13 messages from the president
Sundry messages in writing from the President of the United States
were communicated to the House by Mr. Sherman Williams, one of his
secretaries.
para.116.14 waiving points of order against the conference report to
accompany h.r. 3539
Mr. LINDER, by direction of the Committee on Rules, called up the
following resolution (H. Res. 540):
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 3539) to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes. All points of order against the
conference report and against its consideration are waived.
The conference report shall be considered as read.
When said resolution was considered.
After debate,
On motion of Mr. LINDER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
222
When there appeared
<3-line {>
Nays
187
para.116.15 [Roll No. 445]
YEAS--222
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Dixon
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
McInnis
McKeon
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Orton
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pombo
Portman
Pryce
Radanovich
Rahall
Ramstad
Regula
Riggs
Roberts
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--187
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Boehlert
Bonior
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Forbes
Ford
Frank (MA)
Frisa
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pickett
Pomeroy
Poshard
Quinn
Rangel
Reed
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wise
Wolf
Woolsey
Wynn
Yates
NOT VOTING--24
Boucher
Campbell
Chapman
Dellums
Foglietta
Frost
Green (TX)
Hayes
Heineman
Jackson-Lee (TX)
Johnston
Largent
Levin
McCrery
McIntosh
Peterson (FL)
Porter
Quillen
Richardson
Rogers
Rose
Solomon
Thompson
Wilson
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.116.16 federal aviation authorization
Mr. SHUSTER, pursuant to House Resolution 540, called up the following
conference report (Rept. No. 104-848):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3539) to amend title 49, United States Code, to reauthorize
programs of the Federal Aviation Administration, and for
other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Aviation Reauthorization Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Applicability.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Reauthorization of FAA Programs
Sec. 101. Airport improvement program.
Sec. 102. Airway facilities improvement program.
Sec. 103. FAA operations.
Subtitle B--Airport Development Financing
Sec. 121. Apportionments.
Sec. 122. Discretionary fund.
Sec. 123. Use of apportioned amounts.
Sec. 124. Designating current and former military airports.
Sec. 125. Period of applicability of amendments.
Subtitle C--Airport Improvement Program Modifications
Sec. 141. Intermodal planning.
[[Page 2388]]
Sec. 142. Pavement maintenance program.
Sec. 143. Access to airports by intercity buses.
Sec. 144. Cost reimbursement for projects commenced prior to grant
award.
Sec. 145. Selection of projects for grants from discretionary fund.
Sec. 146. Small airport fund.
Sec. 147. State block grant program.
Sec. 148. Innovative financing techniques.
Sec. 149. Pilot program on private ownership of airports.
TITLE II--FAA REFORM
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Effective date.
Subtitle A--General Provisions
Sec. 221. Findings.
Sec. 222. Purposes.
Sec. 223. Regulation of civilian air transportation and related
services by the Federal Aviation Administration and
Department of Transportation.
Sec. 224. Regulations.
Sec. 225. Personnel and services.
Sec. 226. Contracts.
Sec. 227. Facilities.
Sec. 228. Property.
Sec. 229. Transfers of funds from other Federal agencies.
Sec. 230. Management Advisory Council.
Subtitle B--Federal Aviation Administration Streamlining Programs
Sec. 251. Review of acquisition management system.
Sec. 252. Air traffic control modernization reviews.
Sec. 253. Federal Aviation Administration personnel management system.
Sec. 254. Conforming amendment.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
Sec. 271. Findings
Sec. 272. Purposes
Sec. 273. User fees for various Federal Aviation Administration
services.
Sec. 274. Independent assessment of FAA financial requirements;
establishment of National Civil Aviation Review
Commission.
Sec. 275. Procedure for consideration of certain funding proposals.
Sec. 276. Administrative provisions.
Sec. 277. Advance appropriations for Airport and Airway Trust Fund
activities.
Sec. 278. Rural Air Service Survival Act.
TITLE III--AVIATION SECURITY
Sec. 301. Report including proposed legislation on funding for airport
security.
Sec. 302. Certification of screening companies.
Sec. 303. Weapons and explosive detection study.
Sec. 304. Requirement for criminal history records checks.
Sec. 305. Interim deployment of commercially available explosive
detection equipment.
Sec. 306. Audit of performance of background checks for certain
personnel.
Sec. 307. Passenger profiling.
Sec. 308. Authority to use certain funds for airport security programs
and activities.
Sec. 309. Development of aviation security liaison agreement.
Sec. 310. Regular joint threat assessments.
Sec. 311. Baggage match report.
Sec. 312. Enhanced security programs.
Sec. 313. Report on air cargo.
Sec. 314. Sense of the Senate regarding acts of international
terrorism.
TITLE IV--AVIATION SAFETY
Sec. 401. Elimination of dual mandate.
Sec. 402. Protection of voluntarily submitted information.
Sec. 403. Supplemental type certificates.
Sec. 404. Certification of small airports.
Sec. 405. Authorization for State-specific safety measures.
Sec. 406. Aircraft engine standards.
Sec. 407. Accident and safety data classification; report on effects
of publication and automated surveillance targeting
systems.
TITLE V--PILOT RECORD SHARING
Sec. 501. Short title.
Sec. 502. Employment investigations of pilot applicants.
Sec. 503. Studies of minimum standards for pilot qualifications and of
pay for training.
Sec. 504. Study of minimum flight time.
TITLE VI--CHILD PILOT SAFETY
Sec. 601. Short title.
Sec. 602. Child pilot safety.
TITLE VII--FAMILY ASSISTANCE
Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to
families of passengers involved in aircraft accidents.
Sec. 703. Air carrier plans to address needs of families of passengers
involved in aircraft accidents.
Sec. 704. Establishment of task force.
Sec. 705. Limitation on statutory construction.
TITLE VIII--AIRPORT REVENUE PROTECTION
Sec. 801. Short title.
Sec. 802. Findings; purpose.
Sec. 803. Definitions.
Sec. 804. Restriction on use of airport revenues.
Sec. 805. Regulations; audits and accountability.
Sec. 806. Conforming amendments to the Internal Revenue Code of 1986.
TITLE IX--METROPOLITAN WASHINGTON AIRPORTS
Sec. 901. Short title.
Sec. 902. Use of leased property.
Sec. 903. Board of Directors.
Sec. 904. Termination of Board of Review.
Sec. 905. Limitations.
Sec. 906. Use of Dulles Airport Access Highway.
Sec. 907. Effect of judicial order.
Sec. 908. Amendment of lease.
Sec. 909. Sense of the Senate.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
Sec. 1001. Extension of Airport and Airway Trust Fund expenditures.
TITLE XI--FAA RESEARCH, ENGINEERING, AND DEVELOPMENT
Sec. 1101. Short title.
Sec. 1102. Authorization of appropriations.
Sec. 1103. Research priorities.
Sec. 1104. Research advisory committee.
Sec. 1105. National aviation research plan.
TITLE XII--MISCELLANEOUS PROVISIONS
Sec. 1201. Purchase of housing units.
Sec. 1202. Clarification of passenger facility revenues as constituting
trust funds.
Sec. 1203. Authority to close airport located near closed or realigned
military base.
Sec. 1204. Gadsden Air Depot, Alabama.
Sec. 1205. Regulations affecting intrastate aviation in Alaska.
Sec. 1206. Westchester County Airport, New York.
Sec. 1207. Bedford Airport, Pennsylvania.
Sec. 1208. Worcester Municipal Airport, Massachusetts.
Sec. 1209. Central Florida Airport, Sanford, Florida.
Sec. 1210. Aircraft Noise Ombudsman.
Sec. 1211. Special rule for privately owned reliever airports.
Sec. 1212. Sense of the Senate regarding the funding of the Federal
Aviation Administration.
Sec. 1213. Rural air fare study.
Sec. 1214. Carriage of candidates in State and local elections.
Sec. 1215. Special flight rules in the vicinity of Grand Canyon
National Park.
Sec. 1216. Transfer of air traffic control tower; closing of flight
service stations.
Sec. 1217. Location of Doppler radar stations, New York.
Sec. 1218. Train whistle requirements.
Sec. 1219. Increased fees.
Sec. 1220. Structures interfering with air commerce.
Sec. 1221. Hawaii cargo.
Sec. 1222. Limitation on authority of States to regulate gambling
devices on vessels.
Sec. 1223. Clarifying amendment.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 3. APPLICABILITY.
(a) In General.--Except as otherwise specifically provided,
this Act and the amendments made by this Act apply only to
fiscal years beginning after September 30, 1996.
(b) Limitation on Statutory Construction.--Nothing in this
Act or any amendment made by this Act shall be construed as
affecting funds made available for a fiscal year ending
before October 1, 1996.
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
Subtitle A--Reauthorization of FAA Programs
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103 is
amended--
(1) by striking ``September 30, 1981'' and inserting
``September 30, 1996''; and
(2) by striking ``$17,583,500,000'' and all that follows
through the period at the end and inserting the following:
``$2,280,000,000 for fiscal years ending before October 1,
1997, and $4,627,000,000 for fiscal years ending before
October 1, 1998.''.
(b) Obligational Authority.--Section 47104(c) is amended by
striking ``1996'' and inserting ``1998''.
SEC. 102. AIRWAY FACILITIES IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48101(a) is
amended by striking paragraphs (1) through (4) and inserting
the following:
``(1) $2,068,000,000 for fiscal year 1997.
``(2) $2,129,000,000 for fiscal year 1998.''.
(b) Clerical Amendments.--Chapter 481 is amended--
[[Page 2389]]
(1) by striking the heading for section 48101 and inserting
the following:
``Sec. 48101. Air navigation facilities and equipment''; and
(2) in the table of sections by striking the item relating
to section 48101 and inserting the following:
``48101. Air navigation facilities and equipment.''.
SEC. 103. FAA OPERATIONS.
(a) Authorization of Appropriations From General Fund.--
Section 106(k) is amended by striking ``$4,088,000,000'' and
all that follows through the period at the end and inserting
the following: ``$5,158,000,000 for fiscal year 1997 and
$5,344,000,000 for fiscal year 1998.''.
(b) Authorization of Appropriations From Trust Fund.--
Section 48104(c) is amended--
(1) in the subsection heading by striking ``1996'' and
inserting ``1998'';
(2) in the matter preceding paragraph (1) by striking
``1994, 1995, and 1996'' and inserting ``1994 through 1998'';
and
(3) in paragraph (2)(A) by striking ``70 percent'' and
inserting ``72.5 percent''.
(c) Limitation on Obligating or Expending Amounts.--Section
48108(c) is amended by striking ``1996'' and inserting
``1998''.
(d) Clerical Amendments.--Chapter 481 is amended--
(1) by striking the heading for section 48104 and inserting
the following:
``Sec. 48104. Operations and maintenance''; and
(2) in the table of sections by striking the item relating
to section 48104 and inserting the following:
``48104. Operations and maintenance.''.
Subtitle B--Airport Development Financing
SEC. 121. APPORTIONMENTS.
(a) Amounts Apportioned to Sponsors.--
(1) Primary airports.--Section 47114(c)(1)(A) is amended--
(A) by striking ``and'' at the end of clause (iii);
(B) in clause (iv) by striking ``additional passenger
boarding'' and inserting ``of the next 500,000 passenger
boardings'';
(C) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(D) by adding at the end the following:
``(v) $.50 for each additional passenger boarding at the
airport during the prior calendar year.''.
(2) Cargo only airports.--Section 47114(c)(2) of such title
is amended to read as follows:
``(2) Cargo only airports.--
``(A) Apportionment.--Subject to subparagraph (D), the
Secretary shall apportion an amount equal to 2.5 percent of
the amount subject to apportionment each fiscal year to the
sponsors of airports served by aircraft providing air
transportation of only cargo with a total annual landed
weight of more than 100,000,000 pounds.
``(B) Suballocation formula.--Any funds apportioned under
subparagraph (A) to sponsors of airports described in
subparagraph (A) shall be allocated among those airports in
the proportion that the total annual landed weight of
aircraft described in subparagraph (A) landing at each of
those airports bears to the total annual landed weight of
those aircraft landing at all those airports.
``(C) Limitation.--Not more than 8 percent of the amount
apportioned under subparagraph (A) may be apportioned for any
one airport.
``(D) Distribution to other airports.--Before apportioning
amounts to the sponsors of airports under subparagraph (A)
for a fiscal year, the Secretary may set-aside a portion of
such amounts for distribution to the sponsors of other
airports, selected by the Secretary, that the Secretary finds
will be served primarily by aircraft providing air
transportation of only cargo.
``(E) Determination of landed weight.--Landed weight under
this paragraph is the landed weight of aircraft landing at
each airport described in subparagraph (A) during the prior
calendar year.''.
(3) Repeal of limitation.--Section 47114(c)(3) is repealed.
(b) Amounts Apportioned to States.--Section 47114(d)(2) of
such title is amended--
(1) by striking ``12'' and inserting ``18.5'';
(2) in subparagraph (A) by striking ``one'' and inserting
``0.66'';
(3) in each of subparagraphs (B) and (C) by striking
``49.5'' and inserting ``49.67''; and
(4) in each of subparagraphs (B) and (C) by striking
``except'' the second place it appears and all that follows
through ``title,'' and inserting ``excluding primary airports
but including reliever and nonprimary commercial service
airports,''.
SEC. 122. DISCRETIONARY FUND.
Section 47115 is amended by striking the second subsection
(f), relating to minimum amounts to be credited, and
inserting the following:
``(g) Minimum Amount To Be Credited.--
``(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available under
section 48103 of this title, an amount that is at least equal
to the sum of--
``(A) $148,000,000; plus
``(B) the total amount required from the fund to carry out
in the fiscal year letters of intent issued before January 1,
1996, under section 47110(e) of this title or the Airport and
Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been
apportioned in a prior fiscal year under section 47114 of
this title and that remain available for obligation.
``(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less than
the minimum amount to be credited under paragraph (1), the
total amount calculated under paragraph (3) shall be reduced
by an amount that, when credited to the fund, together with
the amount credited under subsection (a), equals such minimum
amount.
``(3) Amount of reduction.--For a fiscal year, the total
amount available to make a reduction to carry out paragraph
(2) is the total of the amounts determined under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this
title. Each amount shall be reduced by an equal percentage to
achieve the reduction.
``(4) Special rule.--For a fiscal year in which the amount
credited to the fund under this subsection exceeds
$300,000,000, the Secretary shall allocate the amount of such
excess as follows:
``(A) \1/3\ shall be made available to airports for which
apportionments are made under section 47114(d) of this title.
``(B) \1/3\ shall be made available for airport noise
compatibility planning under section 47505(a)(2) of this
title and for carrying out noise compatibility programs under
section 47504(c)(1) of this title.
``(C) \1/3\ shall be made available to current or former
military airports for which grants may be made under section
47117(e)(1)(B) of this title.''.
SEC. 123. USE OF APPORTIONED AMOUNTS.
(a) Period of Availability.--Section 47117(b) is amended by
inserting before the period at the end of the first sentence
the following: ``or the 3 fiscal years immediately following
that year in the case of a primary airport that had less than
.05 percent of the total boardings in the United States in
the preceding calendar year''.
(b) Special Apportionment Categories.--Section 47117(e)(1)
is amended--
(1) by striking ``made available under section 48103'' and
inserting ``available to the discretionary fund under section
47115'';
(2) by striking subparagraphs (A), (C), and (D);
(3) by redesignating subparagraphs (B) and (E) as
subparagraphs (A) and (B), respectively;
(4) in subparagraph (A), as so redesignated, by striking
``at least 12.5'' and inserting ``At least 31'';
(5) by adding at the end of subparagraph (A), as so
redesignated, the following: ``The Secretary may count the
amount of grants made for such planning and programs with
funds apportioned under section 47114 in that fiscal year in
determining whether or not such 31 percent requirement is
being met in that fiscal year.'';
(6) in subparagraph (B), as so redesignated, by striking
``at least 2.25'' and all that follows through ``1996,'' and
inserting ``At least 4 percent for each fiscal year
thereafter''; and
(7) by inserting before the period at the end of
subparagraph (B), as so redesignated, the following: ``and to
sponsors of noncommercial service airports for grants for
operational and maintenance expenses at any such airport if
the amount of such grants to the sponsor of the airport does
not exceed $30,000 in that fiscal year, if the Secretary
determines that the airport is adversely affected by the
closure or realignment of a military base, and if the sponsor
of the airport certifies that the airport would otherwise
close if the airport does not receive the grant''.
(c) Conforming Amendments.--Section 47117(e) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 124. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) General Requirements.--Section 47118(a) is amended to
read as follows:
``(a) General Requirements.--The Secretary of
Transportation shall designate current or former military
airports for which grants may be made under section
47117(e)(1)(B) of this title. The maximum number of airports
bearing such designation at any time is 12. The Secretary may
only so designate an airport (other than an airport so
designated before August 24, 1994) if--
``(1) the airport is a former military installation closed
or realigned under--
``(A) section 2687 of title 10;
``(B) section 201 of the Defense Authorization Amendments
and Base Closure and Realignment Act (10 U.S.C. 2687 note);
or
``(C) section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note); or
``(2) the Secretary finds that such grants would--
``(A) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft
takeoffs and landings; or
``(B) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and
projected flight delays.''.
(b) Additional Designation Periods.--Section 47118(d) is
amended by striking ``designation.'' and inserting
``designation, and for subsequent 5-fiscal-year periods if
the Secretary determines that the airport satisfies the
designation criteria under subsection (a) at the beginning of
each such subsequent 5-fiscal-year period.''.
(c) Parking Lots, Fuel Farms, Utilities, and Hangars.--
Section 47118(f) is amended--
(1) in the heading by striking ``and Utilities'' and
inserting ``Utilities, and Hangars'';
(2) by striking ``for the fiscal years ending September 30,
1993-1996,'' and inserting ``for
[[Page 2390]]
fiscal years beginning after September 30, 1992,''; and
(3) by striking ``and utilities'' and inserting
``utilities, and hangars''.
(d) 2-Year Extension.--Section 47117(e)(1)(B), as
redesignated by section 123(b) of this Act, is amended by
striking ``and 1996,'' and inserting ``1996, 1997, and
1998''.
SEC. 125. PERIOD OF APPLICABILITY OF AMENDMENTS.
The amendments made by this subtitle shall cease to be
effective on September 30, 1998. On and after such date,
sections 47114, 47115, 47117, and 47118 of title 49, United
States Code, shall read as if such amendments had not been
enacted.
Subtitle C--Airport Improvement Program Modifications
SEC. 141. INTERMODAL PLANNING.
Section 47101(g) is amended to read as follows:
``(g) Intermodal Planning.--To carry out the policy of
subsection (a)(5) of this section, the Secretary of
Transportation shall take each of the following actions:
``(1) Coordination in development of airport plans and
programs.--Cooperate with State and local officials in
developing airport plans and programs that are based on
overall transportation needs. The airport plans and programs
shall be developed in coordination with other transportation
planning and considering comprehensive long-range land-use
plans and overall social, economic, environmental, system
performance, and energy conservation objectives. The process
of developing airport plans and programs shall be continuing,
cooperative, and comprehensive to the degree appropriate to
the complexity of the transportation problems.
``(2) Goals for airport master and system plans.--Encourage
airport sponsors and State and local officials to develop
airport master plans and airport system plans that--
``(A) foster effective coordination between aviation
planning and metropolitan planning;
``(B) include an evaluation of aviation needs within the
context of multimodal planning; and
``(C) are integrated with metropolitan plans to ensure that
airport development proposals include adequate consideration
of land use and ground transportation access.
``(3) Representation of airport operators on mpo's.--
Encourage metropolitan planning organizations, particularly
in areas with populations greater than 200,000, to establish
membership positions for airport operators.''.
SEC. 142. PAVEMENT MAINTENANCE PROGRAM.
(a) Pavement Maintenance.--Subchapter I of chapter 471 is
amended by adding at the end the following:
``Sec. 47132. Pavement maintenance
``(a) In General.--The Administrator of the Federal
Aviation Administration shall issue guidelines to carry out a
pavement maintenance pilot project to preserve and extend the
useful life of runways, taxiways, and aprons at airports for
which apportionments are made under section 47114(d). The
guidelines shall provide that the Administrator may designate
not more than 10 projects. The guidelines shall provide
criteria for the Administrator to use in choosing the
projects. At least 2 such projects must be in States without
a primary airport that had 0.25 percent or more of the total
boardings in the United States in the preceding calendar
year. In designating a project, the Administrator shall take
into consideration geographical, climatological, and soil
diversity.
``(b) Effective Date.--This section shall be effective
beginning on the date of the enactment of this section and
ending on September 30, 1999.''.
(b) Compliance With Federal Mandates.--
(1) Use of aip grants.--Section 47102(3) is amended--
(A) in subparagraph (E) by inserting ``or under section
40117'' before the period at the end; and
(B) in subparagraph (F) by striking ``paid for by a grant
under this subchapter and''.
(2) Use of passenger facility charges.--Section 40117(a)(3)
is amended--
(A) by inserting ``and'' at the end of subparagraph (D);
(B) by striking ``; and'' at the end of subparagraph (E)
and inserting a period; and
(C) by striking subparagraph (F).
(c) Conforming Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to
section 47131 the following:
``47132. Pavement maintenance.''.
SEC. 143. ACCESS TO AIRPORTS BY INTERCITY BUSES.
Section 47107(a) is amended--
(1) by striking ``and'' at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(3) by adding at the end the following:
``(20) the airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of
transportation to have access to the airport, but the sponsor
does not have any obligation under this paragraph, or because
of it, to fund special facilities for intercity bus service
or for other modes of transportation.''.
SEC. 144. COST REIMBURSEMENT FOR PROJECTS COMMENCED PRIOR TO
GRANT AWARD.
(a) Cost Reimbursement.--Section 47110(b)(2)(C) is amended
to read as follows:
``(C) if the Government's share is paid only with amounts
apportioned under paragraphs (1) and (2) of section 47114(c)
of this title and if the cost is incurred--
``(i) after September 30, 1996;
``(ii) before a grant agreement is executed for the
project; and
``(iii) in accordance with an airport layout plan approved
by the Secretary and with all statutory and administrative
requirements that would have been applicable to the project
if the project had been carried out after the grant agreement
had been executed;''.
(b) Use of Discretionary Funds.--Section 47110 is amended
by adding at the end the following:
``(g) Use of Discretionary Funds.--A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall
not receive priority consideration with respect to the use of
discretionary funds made available under section 47115 of
this title even if the amounts made available under
paragraphs (1) and (2) of section 47114(c) are not sufficient
to cover the Government's share of the cost of project.''.
SEC. 145. SELECTION OF PROJECTS FOR GRANTS FROM DISCRETIONARY
FUND.
(a) Selection of Projects for Grants.--Section 47115(d) is
amended--
(1) by striking ``; and'' at the end of paragraph (2) and
inserting the following: ``, including, in the case of a
project at a reliever airport, the number of operations
projected to be diverted from a primary airport to the
reliever airport as a result of the project, as well as the
cost savings projected to be realized by users of the local
airport system;'';
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) the airport improvement priorities of the States, and
regional offices of the Administration, to the extent such
priorities are not in conflict with paragraphs (1) and (2);
``(5) the projected growth in the number of passengers that
will be using the airport at which the project will be
carried out; and
``(6) any increase in the number of passenger boardings in
the preceding 12-month period at the airport at which the
project will be carried out, with priority consideration to
be given to projects at airports at which the number of
passenger boardings increased by at least 20 percent as
compared to the number of passenger boardings in the 12-month
period preceding such period.''.
(b) Priority for Letters of Intent.--Section 47115, as
amended by section 122 of this Act, is further amended by
adding at the end the following:
``(h) Priority for Letters of Intent.--In making grants in
a fiscal year with funds made available under this section,
the Secretary shall fulfill intentions to obligate under
section 47110(e).''.
SEC. 146. SMALL AIRPORT FUND.
Section 47116 is amended by adding at the end the
following:
``(d) Priority Consideration for Certain Projects.--In
making grants to sponsors described in subsection (b)(2), the
Secretary shall give priority consideration to multi-year
projects for construction of new runways that the Secretary
finds are cost beneficial and would increase capacity in a
region of the United States.''.
SEC. 147. STATE BLOCK GRANT PROGRAM.
(a) Participating States.--Section 47128 is amended--
(1) in subsection (a) by striking ``7 qualified States''
and inserting ``8 qualified States for fiscal year 1997 and 9
qualified States for each fiscal year thereafter'';
(2) in subsection (b)(1)--
(A) by striking ``(1)''; and
(B) by redesignating subparagraphs (A) through (E) as
paragraphs (1) through (5), respectively; and
(3) by striking subsection (b)(2).
(b) Use of State Priority System.--Section 47128(c) is
amended--
(1) by striking ``(b)(1)(B) or (C)'' and inserting ``(b)(2)
or (b)(3)''; and
(2) by adding at the end the following: ``In carrying out
this subsection, the Secretary shall permit a State to use
the priority system of the State if such system is not
inconsistent with the national priority system.''.
(c) Repeal of Expiration Date.--
(1) In general.--Section 47128 is amended--
(A) by striking ``pilot'' in the section heading;
(B) by striking ``pilot'' in subsection (a); and
(C) by striking subsection (d).
(2) Conforming amendment.--The table of sections for
chapter 471 is amended by striking the item relating to
section 47128 and inserting the following:
``47128. State block grant program.''.
SEC. 148. INNOVATIVE FINANCING TECHNIQUES.
(a) In General.--The Secretary of Transportation is
authorized to carry out a demonstration program under which
the Secretary may approve applications under subchapter I of
chapter 471 of title 49, United States Code, for not more
than 10 projects for which grants received under such
subchapter may be used to implement innovative financing
techniques.
(b) Purpose.--The purpose of the demonstration program
shall be to provide information on the use of innovative
financing techniques for airport development projects to
Congress and the National Civil Aviation Review Commission.
(c) Limitation.--In no case shall the implementation of an
innovative financing technique under the demonstration
program re
[[Page 2391]]
sult in a direct or indirect guarantee of any airport debt
instrument by the Federal Government.
(d) Innovative Financing Technique Defined.--In this
section, the term ``innovative financing technique'' shall be
limited to the following:
(1) Payment of interest.
(2) Commercial bond insurance and other credit enhancement
associated with airport bonds for eligible airport
development.
(3) Flexible non-Federal matching requirements.
(e) Expiration of Authority.--The authority of the
Secretary to carry out the demonstration program shall expire
on September 30, 1998.
SEC. 149. PILOT PROGRAM ON PRIVATE OWNERSHIP OF AIRPORTS.
(a) Establishment of Program.--
(1) In general.--Subchapter I of chapter 471, as amended by
section 804 of this Act, is further amended by adding after
section 47133 the following:
``Sec. 47134. Pilot program on private ownership of airports
``(a) Submission of Applications.--If a sponsor intends to
sell or lease a general aviation airport or lease any other
type of airport for a long term to a person (other than a
public agency), the sponsor and purchaser or lessee may apply
to the Secretary of Transportation for exemptions under this
section.
``(b) Approval of Applications.--The Secretary may approve,
with respect to not more than 5 airports, applications
submitted under subsection (a) granting exemptions from the
following provisions:
``(1) Use of revenues.--
``(A) In general.--The Secretary may grant an exemption to
a sponsor from the provisions of sections 47107(b) and 47133
of this title (and any other law, regulation, or grant
assurance) to the extent necessary to permit the sponsor to
recover from the sale or lease of the airport such amount as
may be approved--
``(i) by at least 65 percent of the air carriers serving
the airport; and
``(ii) by air carriers whose aircraft landing at the
airport during the preceding calendar year had a total landed
weight during the preceding calendar year of at least 65
percent of the total landed weight of all aircraft landing at
the airport during such year.
``(B) Landed weight defined.--In this paragraph, the term
`landed weight' means the weight of aircraft transporting
passengers or cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary determines under
regulations the Secretary prescribes.
``(2) Repayment requirements.--The Secretary may grant an
exemption to a sponsor from the provisions of sections 47107
and 47152 of this title (and any other law, regulation, or
grant assurance) to the extent necessary to waive any
obligation of the sponsor to repay to the Federal Government
any grants, or to return to the Federal Government any
property, received by the airport under this title, the
Airport and Airway Improvement Act of 1982, or any other law.
``(3) Compensation from airport operations.--The Secretary
may grant an exemption to a purchaser or lessee from the
provisions of sections 47107(b) and 47133 of this title (and
any other law, regulation, or grant assurance) to the extent
necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
``(c) Terms and Conditions.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the sale or lease agreement includes provisions
satisfactory to the Secretary to ensure the following:
``(1) The airport will continue to be available for public
use on reasonable terms and conditions and without unjust
discrimination.
``(2) The operation of the airport will not be interrupted
in the event that the purchaser or lessee becomes insolvent
or seeks or becomes subject to any State or Federal
bankruptcy, reorganization, insolvency, liquidation, or
dissolution proceeding or any petition or similar law seeking
the dissolution or reorganization of the purchaser or lessee
or the appointment of a receiver, trustee, custodian, or
liquidator for the purchaser or lessee or a substantial part
of the purchaser or lessee's property, assets, or business.
``(3) The purchaser or lessee will maintain, improve, and
modernize the facilities of the airport through capital
investments and will submit to the Secretary a plan for
carrying out such maintenance, improvements, and
modernization.
``(4) Every fee of the airport imposed on an air carrier on
the day before the date of the lease of the airport will not
increase faster than the rate of inflation unless a higher
amount is approved--
``(A) by at least 65 percent of the air carriers serving
the airport; and
``(B) by air carriers whose aircraft landing at the airport
during the preceding calendar year had a total landed weight
during the preceding calendar year of at least 65 percent of
the total landed weight of all aircraft landing at the
airport during such year.
``(5) The percentage increase in fees imposed on general
aviation aircraft at the airport will not exceed the
percentage increase in fees imposed on air carriers at the
airport.
``(6) Safety and security at the airport will be maintained
at the highest possible levels.
``(7) The adverse effects of noise from operations at the
airport will be mitigated to the same extent as at a public
airport.
``(8) Any adverse effects on the environment from airport
operations will be mitigated to the same extent as at a
public airport.
``(9) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date of the
sale or lease of the airport will not be abrogated by the
sale or lease.
``(d) Participation of Certain Airports.--
``(1) General aviation airports.--If the Secretary approves
under subsection (b) applications with respect to 5 airports,
one of the airports must be a general aviation airport.
``(2) Large hub airports.--The Secretary may not approve
under subsection (b) more than 1 application submitted by an
airport that had 1 percent or more of the total passenger
boardings (as defined in section 47102) in the United States
in the preceding calendar year.
``(e) Required Finding That Approval Will Not Result in
Unfair Methods of Competition.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the approval will not result in unfair and deceptive
practices or unfair methods of competition.
``(f) Interests of General Aviation Users.--In approving an
application of an airport under this section, the Secretary
shall ensure that the interests of general aviation users of
the airport are not adversely affected.
``(g) Passenger Facility Fees; Apportionments; Service
Charges.--Notwithstanding that the sponsor of an airport
receiving an exemption under subsection (b) is not a public
agency, the sponsor shall not be prohibited from--
``(1) imposing a passenger facility fee under section 40117
of this title;
``(2) receiving apportionments under section 47114 of this
title; or
``(3) collecting reasonable rental charges, landing fees,
and other service charges from aircraft operators under
section 40116(e)(2) of this title.
``(h) Effectiveness of Exemptions.--An exemption granted
under subsection (b) shall continue in effect only so long as
the facilities sold or leased continue to be used for airport
purposes.
``(i) Revocation of Exemptions.--The Secretary may revoke
an exemption issued to a purchaser or lessee of an airport
under subsection (b)(3) if, after providing the purchaser or
lessee with notice and an opportunity to be heard, the
Secretary determines that the purchaser or lessee has
knowingly violated any of the terms specified in subsection
(c) for the sale or lease of the airport.
``(j) Nonapplication of Provisions to Airports Owned by
Public Agencies.--The provisions of this section requiring
the approval of air carriers in determinations concerning the
use of revenues, and imposition of fees, at an airport shall
not be extended so as to apply to any airport owned by a
public agency that is not participating in the program
established by this section.
``(k) Audits.--The Secretary may conduct periodic audits of
the financial records and operations of an airport receiving
an exemption under this section.
``(l) Report.--Not later than 2 years after the date of the
initial approval of an application under this section, the
Secretary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on implementation of the program under this
section.
``(m) General Aviation Airport Defined.--In this section,
the term `general aviation airport' means an airport that is
not a commercial service airport.''.
(2) Conforming amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 47133, as added by section 804 of this Act, the
following:
``47134. Pilot program on private ownership of airports.''.
(b) Taxation.--Section 40116(b) is amended--
(1) by striking ``a State or'' and inserting ``a State,
a''; and
(2) by inserting after ``of a State'' the following: ``,
and any person that has purchased or leased an airport under
section 47134 of this title''.
(c) Federal Share.--Section 47109(a) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) 40 percent for a project funded by the Administrator
from the discretionary fund under section 47115 at an airport
receiving an exemption under section 47134.''.
(d) Resolution of Airport-Air Carrier Disputes Concerning
Airport Fees.--Section 47129(a) is amended by adding at the
end the following:
``(4) Fees imposed by privately-owned airports.--In
evaluating the reasonableness of a fee imposed by an airport
receiving an exemption under section 47134 of this title, the
Secretary shall consider whether the airport has complied
with section 47134(c)(4).''.
TITLE II--FAA REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Air Traffic Management
System Performance Improvement Act of 1996''.
[[Page 2392]]
SEC. 202. DEFINITIONS.
In this title, the following definitions apply:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 203. EFFECTIVE DATE.
The provisions of this title and the amendments made by
this title shall take effect on the date that is 30 days
after the date of the enactment of this Act.
Subtitle A--General Provisions
SEC. 221. FINDINGS.
Congress finds the following:
(1) In many respects the Administration is a unique agency,
being one of the few non-defense government agencies that
operates 24 hours a day, 365 days of the year, while
continuing to rely on outdated technology to carry out its
responsibilities for a state-of-the-art industry.
(2) Until January 1, 1996, users of the air transportation
system paid 70 percent of the budget of the Administration,
with the remaining 30 percent coming from the General Fund.
The General Fund contribution over the years is one measure
of the benefit received by the general public, military, and
other users of Administration's services.
(3) The Administration must become a more efficient,
effective, and different organization to meet future
challenges.
(4) The need to balance the Federal budget means that it
may become more and more difficult to obtain sufficient
General Fund contributions to meet the Administration's
future budget needs.
(5) Congress must keep its commitment to the users of the
national air transportation system by seeking to spend all
moneys collected from them each year and deposited into the
Airport and Airway Trust Fund. Existing surpluses
representing past receipts must also be spent for the
purposes for which such funds were collected.
(6) The aviation community and the employees of the
Administration must come together to improve the system. The
Administration must continue to recognize who its customers
are and what their needs are, and to design and redesign the
system to make safety improvements and increase productivity.
(7) The Administration projects that commercial operations
will increase by 18 percent and passenger traffic by 35
percent by the year 2002. Without effective airport expansion
and system modernization, these needs cannot be met.
(8) Absent significant and meaningful reform, future
challenges and needs cannot be met.
(9) The Administration must have a new way of doing
business.
(10) There is widespread agreement within government and
the aviation industry that reform of the Administration is
essential to safely and efficiently accommodate the projected
growth of aviation within the next decade.
(11) To the extent that Congress determines that certain
segments of the aviation community are not required to pay
all of the costs of the government services which they
require and benefits which they receive, Congress should
appropriate the difference between such costs and any
receipts received from such segment.
(12) Prior to the imposition of any new charges or user
fees on segments of the industry, an independent review must
be performed to assess the funding needs and assumptions for
operations, capital spending, and airport infrastructure.
(13) An independent, thorough, and complete study and
assessment must be performed of the costs to the
Administration and the costs driven by each segment of the
aviation system for safety and operational services,
including the use of the air traffic control system and the
Nation's airports.
(14) Because the Administration is a unique Federal entity
in that it is a participant in the daily operations of an
industry, and because the national air transportation system
faces significant problems without significant changes, the
Administration has been authorized to change the Federal
procurement and personnel systems to ensure that the
Administration has the ability to keep pace with new
technology and is able to match resources with the real
personnel needs of the Administration.
(15) The existing budget system does not allow for long-
term planning or timely acquisition of technology by the
Administration.
(16) Without reforms in the areas of procurement,
personnel, funding, and governance, the Administration will
continue to experience delays and cost overruns in its major
modernization programs and needed improvements in the
performance of the air traffic management system will not
occur.
(17) All reforms should be designed to help the
Administration become more responsive to the needs of its
customers and maintain the highest standards of safety.
SEC. 222. PURPOSES.
The purposes of this title are--
(1) to ensure that final action shall be taken on all
notices of proposed rulemaking of the Administration within
18 months after the date of their publication;
(2) to permit the Administration, with Congressional
review, to establish a program to improve air traffic
management system performance and to establish appropriate
levels of cost accountability for air traffic management
services provided by the Administration;
(3) to establish a more autonomous and accountable
Administration within the Department of Transportation; and
(4) to make the Administration a more efficient and
effective organization, able to meet the needs of a dynamic,
growing industry, and to ensure the safety of the traveling
public.
SEC. 223. REGULATION OF CIVILIAN AIR TRANSPORTATION AND
RELATED SERVICES BY THE FEDERAL AVIATION
ADMINISTRATION AND DEPARTMENT OF
TRANSPORTATION.
(a) In General.--Section 106 is amended--
(1) by striking ``The Administrator'' in subsection (b) and
inserting ``Except as provided in subsection (f) or in other
provisions of law, the Administrator''; and
(2) in subsection (f)--
(A) by striking ``(f) The Secretary'' and inserting the
following:
``(f) Authority of the Secretary and the Administrator.--
``(1) Authority of the secretary.--Except as provided in
paragraph (2), the Secretary'';
(B) in subsection (f)(1), as so designated--
(i) by moving the remainder of the text 2 ems to the right;
(ii) by striking ``The Secretary may not'' and inserting
``Neither the Secretary nor the Administrator may''; and
(iii) by striking ``nor'' and inserting ``or''; and
(C) by adding at the end the following:
``(2) Authority of the administrator.--The Administrator--
``(A) is the final authority for carrying out all
functions, powers, and duties of the Administration relating
to--
``(i) the appointment and employment of all officers and
employees of the Administration (other than Presidential and
political appointees);
``(ii) the acquisition and maintenance of property and
equipment of the Administration;
``(iii) except as otherwise provided in paragraph (3), the
promulgation of regulations, rules, orders, circulars,
bulletins, and other official publications of the
Administration; and
``(iv) any obligation imposed on the Administrator, or
power conferred on the Administrator, by the Air Traffic
Management System Performance Improvement Act of 1996 (or any
amendment made by that Act);
``(B) shall offer advice and counsel to the President with
respect to the appointment and qualifications of any officer
or employee of the Administration to be appointed by the
President or as a political appointee;
``(C) may delegate, and authorize successive redelegations
of, to an officer or employee of the Administration any
function, power, or duty conferred upon the Administrator,
unless such delegation is prohibited by law; and
``(D) except as otherwise provided for in this title, and
notwithstanding any other provision of law, shall not be
required to coordinate, submit for approval or concurrence,
or seek the advice or views of the Secretary or any other
officer or employee of the Department of Transportation on
any matter with respect to which the Administrator is the
final authority.
``(3) Definition of political appointee.--For purposes of
this subsection, the term `political appointee' means any
individual who--
``(A) is employed in a position listed in sections 5312
through 5316 of title 5 (relating to the Executive Schedule);
``(B) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5; or
``(C) is employed in a position in the executive branch of
the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5 of the Code of Federal Regulations.''.
(b) Preservation of Existing Authority.--Nothing in this
title or the amendments made by this title limits any
authority granted to the Administrator by statute or by
delegation that was in effect on the day before the date of
the enactment of this Act.
SEC. 224. REGULATIONS.
Section 106(f), as amended by section 223 of this Act, is
further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Regulations.--
``(A) In general.--In the performance of the functions of
the Administrator and the Administration, the Administrator
is authorized to issue, rescind, and revise such regulations
as are necessary to carry out those functions. The issuance
of such regulations shall be governed by the provisions of
chapter 5 of title 5. The Administrator shall act upon all
petitions for rulemaking no later than 6 months after the
date such petitions are filed by dismissing such petitions,
by informing the petitioner of an intention to dismiss, or by
issuing a notice of proposed rulemaking or advanced notice of
proposed rulemaking. The Administrator shall issue a final
regulation, or take other final action, not later than 16
months after the last day of the public comment period for
the regulations or, in the case of an advanced notice of
[[Page 2393]]
proposed rulemaking, if issued, not later than 24 months
after the date of publication in the Federal Register of
notice of the proposed rulemaking.
``(B) Approval of secretary of transportation.--(i) The
Administrator may not issue a proposed regulation or final
regulation that is likely to result in the expenditure by
State, local, and tribal governments in the aggregate, or by
the private sector, of $100,000,000 or more (adjusted
annually for inflation beginning with the year following the
date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996) in any year, or any
regulation which is significant, unless the Secretary of
Transportation approves the issuance of the regulation in
advance. For purposes of this paragraph, a regulation is
significant if the Administrator, in consultation with the
Secretary (as appropriate), determines that the regulation is
likely to--
``(I) have an annual effect on the economy of $100,000,000
or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or
tribal governments or communities;
``(II) create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency;
``(III) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or
``(IV) raise novel legal or policy issues arising out of
legal mandates.
``(ii) In an emergency, the Administrator may issue a
regulation described in clause (i) without prior approval by
the Secretary, but any such emergency regulation is subject
to ratification by the Secretary after it is issued and shall
be rescinded by the Administrator within 5 days (excluding
Saturdays, Sundays, and legal public holidays) after issuance
if the Secretary fails to ratify its issuance.
``(iii) Any regulation that does not meet the criteria of
clause (i), and any regulation or other action that is a
routine or frequent action or a procedural action, may be
issued by the Administrator without review or approval by the
Secretary.
``(iv) The Administrator shall submit a copy of any
regulation requiring approval by the Secretary under clause
(i) to the Secretary, who shall either approve it or return
it to the Administrator with comments within 45 days after
receiving it.
``(C) Periodic review.--(i) Beginning on the date which is
3 years after the date of the enactment of the Air Traffic
Management System Performance Improvement Act of 1996, the
Administrator shall review any unusually burdensome
regulation issued by the Administrator after such date of
enactment beginning not later than 3 years after the
effective date of the regulation to determine if the cost
assumptions were accurate, the benefit of the regulations,
and the need to continue such regulations in force in their
present form.
``(ii) The Administrator may identify for review under the
criteria set forth in clause (i) unusually burdensome
regulations that were issued before the date of the enactment
of the Air Traffic Management System Performance Improvement
Act of 1996 and that have been in force for more than 3
years.
``(iii) For purposes of this subparagraph, the term
`unusually burdensome regulation' means any regulation that
results in the annual expenditure by State, local, and tribal
governments in the aggregate, or by the private sector, of
$25,000,000 or more (adjusted annually for inflation
beginning with the year following the date of the enactment
of the Air Traffic Management System Performance Act of 1996)
in any year.
``(iv) The periodic review of regulations may be performed
by advisory committees and the Management Advisory Council
established under subsection (p).''.
SEC. 225. PERSONNEL AND SERVICES.
Section 106 is amended by adding at the end the following:
``(l) Personnel and Services.--
``(1) Officers and employees.--Except as provided in
section 40122(a) of this title and section 347 of Public Law
104-50, the Administrator is authorized, in the performance
of the functions of the Administrator, to appoint, transfer,
and fix the compensation of such officers and employees,
including attorneys, as may be necessary to carry out the
functions of the Administrator and the Administration. In
fixing compensation and benefits of officers and employees,
the Administrator shall not engage in any type of bargaining,
except to the extent provided for in section 40122(a), nor
shall the Administrator be bound by any requirement to
establish such compensation or benefits at particular levels.
``(2) Experts and consultants.--The Administrator is
authorized to obtain the services of experts and consultants
in accordance with section 3109 of title 5.
``(3) Transportation and per diem expenses.--The
Administrator is authorized to pay transportation expenses,
and per diem in lieu of subsistence expenses, in accordance
with chapter 57 of title 5.
``(4) Use of personnel from other agencies.--The
Administrator is authorized to utilize the services of
personnel of any other Federal agency (as such term is
defined under section 551(1) of title 5).
``(5) Voluntary services.--
``(A) General rule.--In exercising the authority to accept
gifts and voluntary services under section 326 of this title,
and without regard to section 1342 of title 31, the
Administrator may not accept voluntary and uncompensated
services if such services are used to displace Federal
employees employed on a full-time, part-time, or seasonal
basis.
``(B) Incidental expenses.--The Administrator is authorized
to provide for incidental expenses, including transportation,
lodging, and subsistence, for volunteers who provide
voluntary services under this subsection.
``(C) Limited treatment as federal employees.--An
individual who provides voluntary services under this
subsection shall not be considered a Federal employee for any
purpose other than for purposes of chapter 81 of title 5,
relating to compensation for work injuries, and chapter 171
of title 28, relating to tort claims.''.
SEC. 226. CONTRACTS.
Section 106(l), as added by section 225 of this Act, is
further amended by adding at the end the following:
``(6) Contracts.--The Administrator is authorized to enter
into and perform such contracts, leases, cooperative
agreements, or other transactions as may be necessary to
carry out the functions of the Administrator and the
Administration. The Administrator may enter into such
contracts, leases, cooperative agreements, and other
transactions with any Federal agency (as such term is defined
in section 551(1) of title 5) or any instrumentality of the
United States, any State, territory, or possession, or
political subdivision thereof, any other governmental entity,
or any person, firm, association, corporation, or educational
institution, on such terms and conditions as the
Administrator may consider appropriate.''.
SEC. 227. FACILITIES.
Section 106, as amended by section 225 of this Act, is
further amended by adding at the end the following:
``(m) Cooperation by Administrator.--With the consent of
appropriate officials, the Administrator may, with or without
reimbursement, use or accept the services, equipment,
personnel, and facilities of any other Federal agency (as
such term is defined in section 551(1) of title 5) and any
other public or private entity. The Administrator may also
cooperate with appropriate officials of other public and
private agencies and instrumentalities concerning the use of
services, equipment, personnel, and facilities. The head of
each Federal agency shall cooperate with the Administrator in
making the services, equipment, personnel, and facilities of
the Federal agency available to the Administrator. The head
of a Federal agency is authorized, notwithstanding any other
provision of law, to transfer to or to receive from the
Administration, without reimbursement, supplies and equipment
other than administrative supplies or equipment.''.
SEC. 228. PROPERTY.
Section 106, as amended by section 227 of this Act, is
further amended by adding at the end the following:
``(n) Acquisition.--
``(1) In general.--The Administrator is authorized--
``(A) to acquire (by purchase, lease, condemnation, or
otherwise), construct, improve, repair, operate, and
maintain--
``(i) air traffic control facilities and equipment;
``(ii) research and testing sites and facilities; and
``(iii) such other real and personal property (including
office space and patents), or any interest therein, within
and outside the continental United States as the
Administrator considers necessary;
``(B) to lease to others such real and personal property;
and
``(C) to provide by contract or otherwise for eating
facilities and other necessary facilities for the welfare of
employees of the Administration at the installations of the
Administration, and to acquire, operate, and maintain
equipment for these facilities.
``(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by the
Government of the United States.''.
SEC. 229. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.
Section 106, as amended by section 228 of this Act, is
further amended by adding at the end the following:
``(o) Transfers of Funds.--The Administrator is authorized
to accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry
out functions transferred by law to the Administrator or
functions transferred pursuant to law to the Administrator on
or after the date of the enactment of the Air Traffic
Management System Performance Improvement Act of 1996.''.
SEC. 230. MANAGEMENT ADVISORY COUNCIL.
Section 106, as amended by section 229 of this Act, is
further amended by adding at the end the following:
``(p) Management Advisory Council.--
``(1) Establishment.--Within 3 months after the date of the
enactment of the Air Traffic Management System Performance
Improvement Act of 1996, the Administrator shall establish an
advisory council which shall be known as the Federal Aviation
Management Advisory Council (in this subsection referred to
as the `Council'). With respect to Administration management,
policy, spending, funding, and regulatory matters affecting
the aviation industry, the Council may submit comments,
recommended modifications, and dissenting views to the
Administrator. The Adminis
[[Page 2394]]
trator shall include in any submission to Congress, the
Secretary, or the general public, and in any submission for
publication in the Federal Register, a description of the
comments, recommended modifications, and dissenting views
received from the Council, together with the reasons for any
differences between the views of the Council and the views or
actions of the Administrator.
``(2) Membership.--The Council shall consist of 15 members,
who shall consist of--
``(A) a designee of the Secretary of Transportation;
``(B) a designee of the Secretary of Defense; and
``(C) 13 members representing aviation interests, appointed
by the President by and with the advice and consent of the
Senate.
``(3) Qualifications.--No member appointed under paragraph
(2)(C) may serve as an officer or employee of the United
States Government while serving as a member of the Council.
``(4) Functions.--
``(A) In general.--(i) The Council shall provide advice and
counsel to the Administrator on issues which affect or are
affected by the operations of the Administrator. The Council
shall function as an oversight resource for management,
policy, spending, and regulatory matters under the
jurisdiction of the Administration.
``(ii) The Council shall review the rulemaking cost-benefit
analysis process and develop recommendations to improve the
analysis and ensure that the public interest is fully
protected.
``(iii) The Council shall review the process through which
the Administration determines to use advisory circulars and
service bulletins.
``(B) Meetings.--The Council shall meet on a regular and
periodic basis or at the call of the chairman or of the
Administrator.
``(C) Access to documents and staff.--The Administration
may give the Council appropriate access to relevant documents
and personnel of the Administration, and the Administrator
shall make available, consistent with the authority to
withhold commercial and other proprietary information under
section 552 of title 5 (commonly known as the `Freedom of
Information Act'), cost data associated with the acquisition
and operation of air traffic service systems. Any member of
the Council who receives commercial or other proprietary data
from the Administrator shall be subject to the provisions of
section 1905 of title 18, pertaining to unauthorized
disclosure of such information.
``(5) Federal advisory committee act not to apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not apply
to the Council or such aviation rulemaking committees as the
Administrator shall designate.
``(6) Administrative matters.--
``(A) Terms of members.--(i) Except as provided in
subparagraph (B), members of the Council appointed by the
President under paragraph (2)(C) shall be appointed for a
term of 3 years.
``(ii) Of the members first appointed by the President--
``(I) 4 shall be appointed for terms of 1 year;
``(II) 5 shall be appointed for terms of 2 years; and
``(III) 4 shall be appointed for terms of 3 years.
``(iii) An individual chosen to fill a vacancy shall be
appointed for the unexpired term of the member replaced.
``(iv) A member whose term expires shall continue to serve
until the date on which the member's successor takes office.
``(B) Chairman; vice chairman.--The Council shall elect a
chair and a vice chair from among the members appointed under
paragraph (2)(C), each of whom shall serve for a term of 1
year. The vice chair shall perform the duties of the chairman
in the absence of the chairman.
``(C) Travel and per diem.--Each member of the Council
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his or her usual place of
residence, in accordance with section 5703 of title 5.
``(D) Detail of personnel from the administration.--The
Administrator shall make available to the Council such staff,
information, and administrative services and assistance as
may reasonably be required to enable the Council to carry out
its responsibilities under this subsection.''.
Subtitle B--Federal Aviation Administration Streamlining Programs
SEC. 251. REVIEW OF ACQUISITION MANAGEMENT SYSTEM.
Not later than April 1, 1999, the Administrator shall
employ outside experts to provide an independent evaluation
of the effectiveness of the Administration's acquisition
management system within 3 months after such date. The
Administrator shall transmit a copy of the evaluation to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 252. AIR TRAFFIC CONTROL MODERNIZATION REVIEWS.
Chapter 401 is amended by adding at the end the following:
``Sec. 40121. Air traffic control modernization reviews
``(a) Required Terminations of Acquisitions.--The
Administrator of the Federal Aviation Administration shall
terminate any acquisition program initiated after the date of
the enactment of the Air Traffic Management System
Performance Improvement Act of 1996 and funded under the
Facilities and Equipment account that--
``(1) is more than 50 percent over the cost goal
established for the program;
``(2) fails to achieve at least 50 percent of the
performance goals established for the program; or
``(3) is more than 50 percent behind schedule as determined
in accordance with the schedule goal established for the
program.
``(b) Authorized Termination of Acquisition Programs.--The
Administrator shall consider terminating, under the authority
of subsection (a), any substantial acquisition program that--
``(1) is more than 10 percent over the cost goal
established for the program;
``(2) fails to achieve at least 90 percent of the
performance goals established for the program; or
``(3) is more than 10 percent behind schedule as determined
in accordance with the schedule goal established for the
program.
``(c) Exceptions and Report.--
``(1) Continuance of program, etc.--Notwithstanding
subsection (a), the Administrator may continue an
acquisitions program required to be terminated under
subsection (a) if the Administrator determines that
termination would be inconsistent with the development or
operation of the national air transportation system in a safe
and efficient manner.
``(2) Department of defense.--The Department of Defense
shall have the same exemptions from acquisition laws as are
waived by the Administrator under section 348(b) of Public
Law 104-50 when engaged in joint actions to improve or
replenish the national air traffic control system. The
Administration may acquire real property, goods, and services
through the Department of Defense, or other appropriate
agencies, but is bound by the acquisition laws and
regulations governing those cases.
``(3) Report.--If the Administrator makes a determination
under paragraph (1), the Administrator shall transmit a copy
of the determination, together with a statement of the basis
for the determination, to the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives.''.
SEC. 253. FEDERAL AVIATION ADMINISTRATION PERSONNEL
MANAGEMENT SYSTEM.
Chapter 401, as amended by section 252 of this Act, is
further amended by adding at the end the following:
``Sec. 40122. Federal Aviation Administration personnel
management system
``(a) In General.--
``(1) Consultation and negotiation.--In developing and
making changes to the personnel management system initially
implemented by the Administrator of the Federal Aviation
Administration on April 1, 1996, the Administrator shall
negotiate with the exclusive bargaining representatives of
employees of the Administration certified under section 7111
of title 5 and consult with other employees of the
Administration.
``(2) Mediation.--If the Administrator does not reach an
agreement under paragraph (1) with the exclusive bargaining
representatives, the services of the Federal Mediation and
Conciliation Service shall be used to attempt to reach such
agreement. If the services of the Federal Mediation and
Conciliation Service do not lead to an agreement, the
Administrator's proposed change to the personnel management
system shall not take effect until 60 days have elapsed after
the Administrator has transmitted the proposed change, along
with the objections of the exclusive bargaining
representatives to the change, and the reasons for such
objections, to Congress.
``(3) Cost savings and productivity goals.--The
Administration and the exclusive bargaining representatives
of the employees shall use every reasonable effort to find
cost savings and to increase productivity within each of the
affected bargaining units.
``(4) Annual budget discussions.--The Administration and
the exclusive bargaining representatives of the employees
shall meet annually for the purpose of finding additional
cost savings within the Administration's annual budget as it
applies to each of the affected bargaining units and
throughout the agency.
``(b) Expert Evaluation.--On the date that is 3 years after
the personnel management system is implemented, the
Administration shall employ outside experts to provide an
independent evaluation of the effectiveness of the system
within 3 months after such date. For this purpose, the
Administrator may utilize the services of experts and
consultants under section 3109 of title 5 without regard to
the limitation imposed by the last sentence of section
3109(b) of such title, and may contract on a sole source
basis, notwithstanding any other provision of law to the
contrary.
``(c) Pay Restriction.--No officer or employee of the
Administration may receive an annual rate of basic pay in
excess of the annual rate of basic pay payable to the
Administrator.
``(d) Ethics.--The Administration shall be subject to
Executive Order No. 12674 and regulations and opinions
promulgated by the Office of Government Ethics, including
those set forth in section 2635 of title 5 of the Code of
Federal Regulations.
``(e) Employee Protections.--Until July 1, 1999, basic
wages (including locality pay) and
[[Page 2395]]
operational differential pay provided employees of the
Administration shall not be involuntarily adversely affected
by reason of the enactment of this section, except for
unacceptable performance or by reason of a reduction in force
or reorganization or by agreement between the Administration
and the affected employees' exclusive bargaining
representative.
``(f) Labor-Management Agreements.--Except as otherwise
provided by this title, all labor-management agreements
covering employees of the Administration that are in effect
on the effective date of the Air Traffic Management System
Performance Improvement Act of 1996 shall remain in effect
until their normal expiration date, unless the Administrator
and the exclusive bargaining representative agree to the
contrary.''.
SEC. 254. CONFORMING AMENDMENT.
The table of sections for chapter 401 is amended by adding
at the end the following:
``40121. Air traffic control modernization reviews.
``40122. Federal Aviation Administration personnel management
system.''.
Subtitle C--System To Fund Certain Federal Aviation Administration
Functions
SEC. 271. FINDINGS.
Congress finds the following:
(1) The Administration is recognized throughout the world
as a leader in aviation safety.
(2) The Administration certifies aircraft, engines,
propellers, and other manufactured parts.
(3) The Administration certifies more than 650 training
schools for pilots and nonpilots, more than 4,858 repair
stations, and more than 193 maintenance schools.
(4) The Administration certifies pilot examiners, who are
then qualified to determine if a person has the skills
necessary to become a pilot.
(5) The Administration certifies more than 6,000 medical
examiners, each of whom is then qualified to medically
certify the qualifications of pilots and nonpilots.
(6) The Administration certifies more than 470 airports,
and provides a limited certification for another 205
airports. Other airports in the United States are also
reviewed by the Administration.
(7) The Administration each year performs more than 355,000
inspections.
(8) The Administration issues more than 655,000 pilot's
licenses and more than 560,000 nonpilot's licenses (including
mechanics).
(9) The Administration's certification means that the
product meets worldwide recognized standards of safety and
reliability.
(10) The Administration's certification means aviation-
related equipment and services meet world-wide recognized
standards.
(11) The Administration's certification is recognized by
governments and businesses throughout the world and as such
may be a valuable element for any company desiring to sell
aviation-related products throughout the world.
(12) The Administration's certification may constitute a
valuable license, franchise, privilege or benefits for the
holders.
(13) The Administration also is a major purchaser of
computers, radars, and other systems needed to run the air
traffic control system. The Administration's design,
acceptance, commissioning, or certification of such equipment
enables the private sector to market those products around
the world, and as such confers a benefit on the manufacturer.
(14) The Administration provides extensive services to
public use aircraft.
SEC. 272. PURPOSES.
The purposes of this subtitle are--
(1) to provide a financial structure for the Administration
so that it will be able to support the future growth in the
national aviation and airport system;
(2) to review existing and alternative funding options,
including incentive-based fees for services, and establish a
program to improve air traffic management system performance
and to establish appropriate levels of cost accountability
for air traffic management services provided by the
Administration;
(3) to ensure that any funding will be dedicated solely for
the use of the Administration;
(4) to authorize the Administration to recover the costs of
its services from those who benefit from, but do not
contribute to, the national aviation system and the services
provided by the Administration;
(5) to consider a fee system based on the cost or value of
the services provided and other funding alternatives;
(6) to develop funding options for Congress in order to
provide for the long-term efficient and cost-effective
support of the Administration and the aviation system; and
(7) to achieve a more efficient and effective
Administration for the benefit of the aviation transportation
industry.
SEC. 273. USER FEES FOR VARIOUS FEDERAL AVIATION
ADMINISTRATION SERVICES.
(a) In General.--Chapter 453 is amended by striking section
45301 and inserting the following:
``Sec. 45301. General provisions
``(a) Schedule of Fees.--The Administrator shall establish
a schedule of new fees, and a collection process for such
fees, for the following services provided by the
Administration:
``(1) Air traffic control and related services provided to
aircraft other than military and civilian aircraft of the
United States government or of a foreign government that
neither take off from, nor land in, the United States.
``(2) Services (other than air traffic control services)
provided to a foreign government.
``(b) Limitations.--
``(1) Authorization and impact considerations.--In
establishing fees under subsection (a), the Administrator--
``(A) is authorized to recover in fiscal year 1997
$100,000,000; and
``(B) shall ensure that each of the fees required by
subsection (a) is directly related to the Administration's
costs of providing the service rendered. Services for which
costs may be recovered include the costs of air traffic
control, navigation, weather services, training and emergency
services which are available to facilitate safe
transportation over the United States, and other services
provided by the Administrator or by programs financed by the
Administrator to flights that neither take off nor land in
the United States.
``(2) Publication; comment.--The Administrator shall
publish in the Federal Register an initial fee schedule and
associated collection process as an interim final rule,
pursuant to which public comment will be sought and a final
rule issued.
``(c) Use of Experts and Consultants.--In developing the
system, the Administrator may consult with such
nongovernmental experts as the Administrator may employ and
the Administrator may utilize the services of experts and
consultants under section 3109 of title 5 without regard to
the limitation imposed by the last sentence of section
3109(b) of such title, and may contract on a sole source
basis, notwithstanding any other provision of law to the
contrary. Notwithstanding any other provision of law to the
contrary, the Administrator may retain such experts under a
contract awarded on a basis other than a competitive basis
and without regard to any such provisions requiring
competitive bidding or precluding sole source contract
authority.''.
(b) Conforming Amendment.--The table of sections for
chapter 453 is amended by striking the item relating to
section 45301 and inserting the following:
``45301. General provisions.''.
SEC. 274. INDEPENDENT ASSESSMENT OF FAA FINANCIAL
REQUIREMENTS; ESTABLISHMENT OF NATIONAL CIVIL
AVIATION REVIEW COMMISSION.
(a) Independent Assessment.--
(1) Initiation.--Not later than 30 days after the date of
the enactment of this Act, the Administrator shall contract
with an entity independent of the Administration and the
Department of Transportation to conduct a complete
independent assessment of the financial requirements of the
Administration through the year 2002.
(2) Assessment criteria.--The Administrator shall provide
to the independent entity estimates of the financial
requirements of the Administration for the period described
in paragraph (1), using as a base the fiscal year 1997
appropriation levels established by Congress. The independent
assessment shall be based on an objective analysis of agency
funding needs.
(3) Certain factors to be taken into account.--The
independent assessment shall take into account all relevant
factors, including--
(A) anticipated air traffic forecasts;
(B) other workload measures;
(C) estimated productivity gains, if any, which contribute
to budgetary requirements;
(D) the need for programs; and
(E) the need to provide for continued improvements in all
facets of aviation safety, along with operational
improvements in air traffic control.
(4) Cost allocation.--The independent assessment shall also
assess the costs to the Administration occasioned by the
provision of services to each segment of the aviation system.
(5) Deadline.--The independent assessment shall be
completed no later than 90 days after the contract is
awarded, and shall be submitted to the Commission established
under subsection (b), the Secretary, the Secretary of the
Treasury, the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the Senate,
and the Committee on Transportation and Infrastructure and
the Committee on Ways and Means of the House of
Representatives.
(b) National Civil Aviation Review Commission.--
(1) Establishment.--There is established a commission to be
known as the National Civil Aviation Review Commission
(hereinafter in this section referred to as the
``Commission'').
(2) Membership.--The Commission shall consist of 21 members
to be appointed as follows:
(A) 13 members to be appointed by the Secretary, in
consultation with the Secretary of the Treasury, from among
individuals who have expertise in the aviation industry and
who are able, collectively, to represent a balanced view of
the issues important to general aviation, major air carriers,
air cargo carriers, regional air carriers, business aviation,
airports, aircraft manufacturers, the financial community,
aviation industry workers, and airline passengers. At least
one member appointed under this subparagraph shall have
detailed knowledge of the congressional budgetary process.
(B) 2 members appointed by the Speaker of the House of
Representatives.
(C) 2 members appointed by the minority leader of the House
of Representatives.
(D) 2 members appointed by the majority leader of the
Senate.
[[Page 2396]]
(E) 2 members appointed by the minority leader of the
Senate.
(3) Task forces.--The Commission shall establish an
aviation funding task force and an aviation safety task force
to carry out the responsibilities of the Commission under
this subsection.
(4) First meeting.--The Commission may conduct its first
meeting as soon as a majority of the members of the
Commission are appointed.
(5) Hearings and consultation.--
(A) Hearings.--The Commission shall take such testimony and
solicit and receive such comments from the public and other
interested parties as it considers appropriate, shall conduct
2 public hearings after affording adequate notice to the
public thereof, and may conduct such additional hearings as
may be necessary.
(B) Consultation.--The Commission shall consult on a
regular and frequent basis with the Secretary, the Secretary
of the Treasury, the Committee on Commerce, Science, and
Transportation and the Committee on Finance of the Senate,
and the Committee on Transportation and Infrastructure and
the Committee on Ways and Means of the House of
Representatives.
(C) FACA not to apply.--The Commission shall not be
considered an advisory committee for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
(6) Duties of aviation funding task force.--
(A) Report to secretary.--
(i) In general.--The aviation funding task force
established pursuant to paragraph (3) shall submit a report
setting forth a comprehensive analysis of the
Administration's budgetary requirements through fiscal year
2002, based upon the independent assessment under subsection
(a), that analyzes alternative financing and funding means
for meeting the needs of the aviation system through the year
2002. The task force shall submit a preliminary report of
that analysis to the Secretary not later than 6 months after
the independent assessment is completed under subsection (a).
The Secretary shall provide comments on the preliminary
report to the task force within 30 days after receiving the
report. The task force shall issue a final report of such
comprehensive analysis within 30 days after receiving the
Secretary's comments on its preliminary report.
(ii) Contents.--The report submitted by the aviation
funding task force under clause (i)--
(I) shall consider the independent assessment under
subsection (a);
(II) shall consider estimated cost savings, if any,
resulting from the procurement and personnel reforms included
in this Act or in sections 347 and 348 of Public Law 104-50,
and additional financial initiatives;
(III) shall include specific recommendations to Congress on
how the Administration can reduce costs, raise additional
revenue for the support of agency operations, and accelerate
modernization efforts; and
(IV) shall include a draft bill containing the changes in
law necessary to implement its recommendations.
(B) Recommendations.--The aviation funding task force shall
make such recommendations under subparagraph (A)(ii)(III) as
the task force deems appropriate. Those recommendations may
include--
(i) proposals for off-budget treatment of the Airport and
Airway Trust Fund;
(ii) alternative financing and funding proposals, including
linked financing proposals;
(iii) modifications to existing levels of Airport and
Airways Trust Fund receipts and taxes for each type of tax;
(iv) establishment of a cost-based user fee system based
on, but not limited to, criteria under subparagraph (F) and
methods to ensure that costs are borne by users on a fair and
equitable basis;
(v) methods to ensure that funds collected from the
aviation community are able to meet the needs of the agency;
(vi) methods to ensure that funds collected from the
aviation community and passengers are used to support the
aviation system;
(vii) means of meeting the airport infrastructure needs for
large, medium, and small airports; and
(viii) any other matter the task force deems appropriate to
address the funding and needs of the Administration and the
aviation system.
(C) Additional recommendations.--The aviation funding task
force report may also make recommendations concerning--
(i) means of improving productivity by expanding and
accelerating the use of automation and other technology;
(ii) means of contracting out services consistent with this
Act, other applicable law, and safety and national defense
needs;
(iii) methods to accelerate air traffic control
modernization and improvements in aviation safety and safety
services;
(iv) the elimination of unneeded programs; and
(v) a limited innovative program based on funding
mechanisms such as loan guarantees, financial partnerships
with for-profit private sector entities, government-sponsored
enterprises, and revolving loan funds, as a means of funding
specific facilities and equipment projects, and to provide
limited additional funding alternatives for airport capacity
development.
(D) Impact assessment for recommendations.--For each
recommendation contained in the aviation funding task force's
report, the report shall include a full analysis and
assessment of the impact implementation of the recommendation
would have on--
(i) safety;
(ii) administrative costs;
(iii) the congressional budget process;
(iv) the economics of the industry (including the
proportionate share of all users);
(v) the ability of the Administration to utilize the sums
collected; and
(vi) the funding needs of the Administration.
(E) Trust fund tax recommendations.--If the task force's
report includes a recommendation that the existing Airport
and Airways Trust Fund tax structure be modified, the report
shall--
(i) state the specific rates for each group affected by the
proposed modifications;
(ii) consider the impact such modifications shall have on
specific users and the public (including passengers); and
(iii) state the basis for the recommendations.
(F) Fee system recommendations.--If the task force's report
includes a recommendation that a fee system be established,
including an air traffic control performance-based user fee
system, the report shall consider--
(i) the impact such a recommendation would have on
passengers, air fares (including low-fare, high frequency
service), service, and competition;
(ii) existing contributions provided by individual air
carriers toward funding the Administration and the air
traffic control system through contributions to the Airport
and Airways Trust Fund;
(iii) continuing the promotion of fair and competitive
practices;
(iv) the unique circumstances associated with interisland
air carrier service in Hawaii and rural air service in
Alaska;
(v) the impact such a recommendation would have on service
to small communities;
(vi) the impact such a recommendation would have on
services provided by regional air carriers;
(vii) alternative methodologies for calculating fees so as
to achieve a fair and reasonable distribution of costs of
service among users;
(viii) the usefulness of phased-in approaches to
implementing such a financing system;
(ix) means of assuring the provision of general fund
contributions, as appropriate, toward the support of the
Administration; and
(x) the provision of incentives to encourage greater
efficiency in the provision of air traffic services by the
Administration and greater efficiency in the use of air
traffic services by aircraft operators.
(7) Duties of aviation safety task force.--
(A) Report to administrator.--Not later than 1 year after
the date of the enactment of this Act, the aviation safety
task force established pursuant to paragraph (3) shall submit
to the Administrator a report setting forth a comprehensive
analysis of aviation safety in the United States and emerging
trends in the safety of particular sectors of the aviation
industry.
(B) Contents.--The report to be submitted under
subparagraph (A) shall include an assessment of--
(i) the adequacy of staffing and training resources for
safety personnel of the Administration, including safety
inspectors;
(ii) the Administration's processes for ensuring the public
safety from fraudulent parts in civil aviation and the extent
to which use of suspected unapproved parts requires
additional oversight or enforcement action; and
(iii) the ability of the Administration to anticipate
changes in the aviation industry and to develop policies and
actions to ensure the highest level of aviation safety in the
21st century.
(8) Access to documents and staff.--The Administration may
give the Commission appropriate access to relevant documents
and personnel of the Administration, and the Administrator
shall make available, consistent with the authority to
withhold commercial and other proprietary information under
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''), cost data associated
with the acquisition and operation of air traffic service
systems. Any member of the Commission who receives commercial
or other proprietary data from the Administrator shall be
subject to the provisions of section 1905 of title 18, United
States Code, pertaining to unauthorized disclosure of such
information.
(9) Travel and per diem.--Each member of the Commission
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his or her usual place of
residence, in accordance with section 5703 of title 5, United
States Code.
(10) Detail of personnel from the administration.--The
Administrator shall make available to the Commission such
staff, information, and administrative services and
assistance as may reasonably be required to enable the
Commission to carry out its responsibilities under this
subsection.
(11) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this subsection.
(c) Reports to Congress.--
(1) Report by the secretary based on final report of
aviation funding task force.--
(A) Consideration of task force's preliminary report.--Not
later than 30 days after receiving the preliminary report of
the aviation funding task force, the Secretary,
[[Page 2397]]
in consultation with the Secretary of the Treasury, shall
furnish comments on the report to the task force.
(B) Report to congress.--Not later than 30 days after
receiving the final report of the aviation funding task
force, and in no event more than 1 year after the date of the
enactment of this Act, the Secretary, after consulting the
Secretary of the Treasury, shall transmit a report to the
Committee on Commerce, Science, and Transportation and the
Committee on Finance of the Senate, and the Committee on
Transportation and Infrastructure and the Committee on Ways
and Means of the House of Representatives. Such report shall
be based upon the final report of the task force and shall
contain the Secretary's recommendations for funding the needs
of the aviation system through the year 2002.
(C) Contents.--The Secretary shall include in the report to
Congress under subparagraph (B)--
(i) a copy of the final report of the task force; and
(ii) a draft bill containing the changes in law necessary
to implement the Secretary's recommendations.
(D) Publication.--The Secretary shall cause a copy of the
report to be printed in the Federal Register upon its
transmittal to Congress under subparagraph (B).
(2) Report by the administrator based on final report of
aviation safety task force.--Not later than 30 days after
receiving the report of the aviation safety task force, the
Administrator shall transmit the report to Congress, together
with the Administrator's recommendations for improving
aviation safety in the United States.
(d) GAO Audit of Cost Allocation.--The Comptroller General
shall conduct an assessment of the manner in which costs for
air traffic control services are allocated between the
Administration and the Department of Defense. The Comptroller
General shall report the results of the assessment, together
with any recommendations the Comptroller General may have for
reallocation of costs and for opportunities to increase the
efficiency of air traffic control services provided by the
Administration and by the Department of Defense, to the
Commission, the Administrator, the Secretary of Defense, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate not later than 180 days
after the date of the enactment of this Act.
(e) GAO Assessment.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
transmit to the Commission and Congress an independent
assessment of airport development needs.
SEC. 275. PROCEDURE FOR CONSIDERATION OF CERTAIN FUNDING
PROPOSALS.
(a) In General.--Chapter 481 is amended by adding at the
end the following:
``Sec. 48111. Funding proposals
``(a) Introduction in the Senate.--Within 15 days (not
counting any day on which the Senate is not in session) after
a funding proposal is submitted to the Senate by the
Secretary of Transportation under section 274(c) of the Air
Traffic Management System Performance Improvement Act of
1996, an implementing bill with respect to such funding
proposal shall be introduced in the Senate by the majority
leader of the Senate, for himself and the minority leader of
the Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate.
``(b) Consideration in the Senate.--An implementing bill
introduced in the Senate under subsection (a) shall be
referred to the Committee on Commerce, Science, and
Transportation. The Committee on Commerce, Science, and
Transportation shall report the bill with its recommendations
within 60 days following the date of introduction of the
bill. Upon the reporting of the bill by the Committee on
Commerce, Science, and Transportation, the reported bill
shall be referred sequentially to the Committee on Finance
for a period of 60 legislative days.
``(c) Definitions.--For purposes of this section, the
following definitions apply:
``(1) Implementing bill.--The term `implementing bill'
means only a bill of the Senate which is introduced as
provided in subsection (a) with respect to one or more
Federal Aviation Administration funding proposals which
contain changes in existing laws or new statutory authority
required to implement such funding proposal or proposals.
``(2) Funding proposal.--The term `funding proposal' means
a proposal to provide interim or permanent funding for
operations of the Federal Aviation Administration.
``(d) Rules of the Senate.--The provisions of this section
are enacted--
``(1) as an exercise of the rulemaking power of the Senate
and as such they are deemed a part of the rules of the Senate
and they supersede other rules only to the extent that they
are inconsistent therewith; and
``(2) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner and
to the same extent as in the case of any other rule of the
Senate.''.
(b) Clerical Amendment.--The table of sections for chapter
481 is amended by adding at the end thereof the following:
``48111. Funding proposals.''.
SEC. 276. ADMINISTRATIVE PROVISIONS.
(a) In General.--Chapter 453 is amended--
(1) by redesignating section 45303 as section 45304; and
(2) by inserting after section 45302 the following:
``Sec. 45303. Administrative provisions
``(a) Fees Payable to Administrator.--All fees imposed and
amounts collected under this chapter for services performed,
or materials furnished, by the Federal Aviation
Administration are payable to the Administrator of the
Federal Aviation Administration.
``(b) Refunds.--The Administrator may refund any fee paid
by mistake or any amount paid in excess of that required.
``(c) Receipts Credited to Account.--Notwithstanding
section 3302 of title 31, all fees and amounts collected by
the Administration, except insurance premiums and other fees
charged for the provision of insurance and deposited in the
Aviation Insurance Revolving Fund and interest earned on
investments of such Fund, and except amounts which on
September 30, 1996, are required to be credited to the
general fund of the Treasury (whether imposed under this
section or not)--
``(1) shall be credited to a separate account established
in the Treasury and made available for Administration
activities;
``(2) shall be available immediately for expenditure but
only for congressionally authorized and intended purposes;
and
``(3) shall remain available until expended.
``(d) Annual Budget Report by Administrator.--The
Administrator shall, on the same day each year as the
President submits the annual budget to Congress, provide to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
``(1) a list of fee collections by the Administration
during the preceding fiscal year;
``(2) a list of activities by the Administration during the
preceding fiscal year that were supported by fee expenditures
and appropriations;
``(3) budget plans for significant programs, projects, and
activities of the Administration, including out-year funding
estimates;
``(4) any proposed disposition of surplus fees by the
Administration; and
``(5) such other information as those committees consider
necessary.
``(e) Development of Cost Accounting System.--The
Administration shall develop a cost accounting system that
adequately and accurately reflects the investments, operating
and overhead costs, revenues, and other financial measurement
and reporting aspects of its operations.
``(f) Compensation to Carriers for Acting as Collection
Agents.--The Administration shall prescribe regulations to
ensure that any air carrier required, pursuant to the Air
Traffic Management System Performance Improvement Act of 1996
or any amendments made by that Act, to collect a fee imposed
on another party by the Administrator may collect from such
other party an additional uniform amount that the
Administrator determines reflects the necessary and
reasonable expenses (net of interest accruing to the carrier
after collection and before remittance) incurred in
collecting and handling the fee.''.
(b) Conforming Amendment.--The table of sections for
chapter 453 is amended by striking the item relating to
section 45303 and inserting the following:
``45303. Administrative provisions.
``45304. Maximum fees for private person services.''.
SEC. 277. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST
FUND ACTIVITIES.
(a) In General.--Part C of subtitle VII is amended by
adding at the end the following:
``CHAPTER 482--ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST
FACILITIES
``Sec.
``48201. Advance appropriations.
``Sec. 48201. Advance appropriations
``(a) Multiyear Authorizations.--Beginning with fiscal year
1999, any authorization of appropriations for an activity for
which amounts are to be appropriated from the Airport and
Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 shall provide funds for a
period of not less than 3 fiscal years unless the activity
for which appropriations are authorized is to be concluded
before the end of that period.
``(b) Multiyear Appropriations.--Beginning with fiscal year
1999, amounts appropriated from the Airport and Airway Trust
Fund shall be appropriated for periods of 3 fiscal years
rather than annually.''.
(b) Conforming Amendment.--The analysis for subtitle VII is
amended by inserting after the item relating to chapter 481
the following:
``482. ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST48201.''.ES..
SEC. 278. RURAL AIR SERVICE SURVIVAL ACT.
(a) Short Title.--This section may be cited as the ``Rural
Air Service Survival Act''.
(b) Findings.--Congress finds that--
(1) air service in rural areas is essential to a national
and international transportation network;
(2) the rural air service infrastructure supports the safe
operation of all air travel;
(3) rural air service creates economic benefits for all air
carriers by making the national aviation system available to
passengers from rural areas;
(4) rural air service has suffered since deregulation;
[[Page 2398]]
(5) the essential air service program under the Department
of Transportation--
(A) provides essential airline access to rural and isolated
rural communities throughout the Nation;
(B) is necessary for the economic growth and development of
rural communities;
(C) is a critical component of the national and
international transportation system of the United States; and
(D) has endured serious funding cuts in recent years; and
(6) a reliable source of funding must be established to
maintain air service in rural areas and the essential air
service program.
(c) Essential Air Service Authorization.--Section 41742 is
amended to read as follows:
``Sec. 41742. Essential air service authorization
``(a) In General.--Out of the amounts received by the
Federal Aviation Administration credited to the account
established under section 45303 of this title or otherwise
provided to the Administration, the sum of $50,000,000 is
authorized and shall be made available immediately for
obligation and expenditure to carry out the essential air
service program under this subchapter for each fiscal year.
``(b) Funding for Small Community Air Service.--
Notwithstanding any other provision of law, moneys credited
to the account established under section 45303(a) of this
title, including the funds derived from fees imposed under
the authority contained in section 45301(a) of this title,
shall be used to carry out the essential air service program
under this subchapter. Notwithstanding section 47114(g) of
this title, any amounts from those fees that are not
obligated or expended at the end of the fiscal year for the
purpose of funding the essential air service program under
this subchapter shall be made available to the Administration
for use in improving rural air safety under subchapter I of
chapter 471 of this title and shall be used exclusively for
projects at rural airports under this subchapter.
``(c) Special Rule for Fiscal Year 1997.--Notwithstanding
subsections (a) and (b), in fiscal year 1997, amounts in
excess of $75,000,000 that are collected in fees pursuant to
section 45301(a)(1) of this title shall be available for the
essential air service program under this subchapter, in
addition to amounts specifically provided for in
appropriations Acts.''.
(d) Conforming Amendment.--The table of sections for
chapter 417 is amended by striking the item relating to
section 41742 and inserting the following:
``41742. Essential air service authorization.''.
TITLE III--AVIATION SECURITY
SEC. 301. REPORT INCLUDING PROPOSED LEGISLATION ON FUNDING
FOR AIRPORT SECURITY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration, in cooperation with other
appropriate persons, shall conduct a study and submit to
Congress a report on whether, and if so how, to transfer
certain responsibilities of air carriers under Federal law
for security activities conducted onsite at commercial
service airports to airport operators or to the Federal
Government or to provide for shared responsibilities between
air carriers and airport operators or the Federal Government.
(b) Contents of Report.--The report submitted under this
section shall--
(1) examine potential sources of Federal and non-Federal
revenue that may be used to fund security activities,
including providing grants from funds received as fees
collected under a fee system established under subtitle C of
title II of this Act and the amendments made by that
subtitle; and
(2) provide legislative proposals, if necessary, for
accomplishing the transfer of responsibilities referred to in
subsection (a).
SEC. 302. CERTIFICATION OF SCREENING COMPANIES.
The Administrator of the Federal Aviation Administration is
directed to certify companies providing security screening
and to improve the training and testing of security screeners
through development of uniform performance standards for
providing security screening services.
SEC. 303. WEAPONS AND EXPLOSIVE DETECTION STUDY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the
Director of the National Academy of Sciences (or if the
National Academy of Sciences is not available, the head of
another equivalent entity) to conduct a study in accordance
to this section.
(b) Panel of Experts.--
(1) In general.--In carrying out a study under this
section, the Director of the National Academy of Sciences (or
the head of another equivalent entity) shall establish a
panel (hereinafter in this section referred to as the
``panel'').
(2) Expertise.--Each member of the panel shall have
expertise in weapons and explosive detection technology,
security, air carrier and airport operations, or another
appropriate area. The Director of the National Academy of
Sciences (or the head of another equivalent entity) shall
ensure that the panel has an appropriate number of
representatives of the areas specified in the preceding
sentence.
(c) Study.--The panel, in consultation with the National
Science and Technology Council, representatives of
appropriate Federal agencies, and appropriate members of the
private sector, shall--
(1) assess the weapons and explosive detection technologies
that are available at the time of the study that are capable
of being effectively deployed in commercial aviation;
(2) determine how the technologies referred to in paragraph
(1) may more effectively be used for promotion and
improvement of security at airport and aviation facilities
and other secured areas;
(3) assess the cost and advisability of requiring hardened
cargo containers as a way to enhance aviation security and
reduce the required sensitivity of bomb detection equipment;
and
(4) on the basis of the assessments and determinations made
under paragraphs (1), (2), and (3), identify the most
promising technologies for the improvement of the efficiency
and cost-effectiveness of weapons and explosive detection.
(d) Cooperation.--The National Science and Technology
Council shall take such actions as may be necessary to
facilitate, to the maximum extent practicable and upon
request of the Director of the National Academy of Sciences
(or the head of another equivalent entity), the cooperation
of representatives of appropriate Federal agencies, as
provided for in subsection (c), in providing the panel, for
the study under this section--
(1) expertise; and
(2) to the extent allowable by law, resources and
facilities.
(e) Reports.--The Director of the National Academy of
Sciences (or the head of another equivalent entity) shall,
pursuant to an arrangement entered into under subsection (a),
submit to the Administrator such reports as the Administrator
considers to be appropriate. Upon receipt of a report under
this subsection, the Administrator shall submit a copy of the
report to the appropriate committees of Congress.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 1997 through 2001
such sums as may be necessary to carry out this section.
SEC. 304. REQUIREMENT FOR CRIMINAL HISTORY RECORDS CHECKS.
(a) In General.--Section 44936(a)(1) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``(1)'' and inserting ``(1)(A)''; and
(3) by adding at the end the following:
``(B) The Administrator shall require by regulation that an
employment investigation (including a criminal history record
check in any case described in subparagraph (C)) be conducted
for--
``(i) individuals who will be responsible for screening
passengers or property under section 44901 of this title;
``(ii) supervisors of the individuals described in clause
(i); and
``(iii) such other individuals who exercise security
functions associated with baggage or cargo, as the
Administrator determines is necessary to ensure air
transportation security.
``(C) Under the regulations issued under subparagraph (B),
a criminal history record check shall be conducted in any
case in which--
``(i) an employment investigation reveals a gap in
employment of 12 months or more that the individual who is
the subject of the investigation does not satisfactorily
account for;
``(ii) such individual is unable to support statements made
on the application of such individual;
``(iii) there are significant inconsistencies in the
information provided on the application of such individual;
or
``(iv) information becomes available during the employment
investigation indicating a possible conviction for one of the
crimes listed in subsection (b)(1)(B).
``(D) If an individual requires a criminal history record
check under subparagraph (C), the individual may be employed
as a screener until the check is completed if the individual
is subject to supervision.''.
(b) Applicability.--The amendment made by subsection (a)(3)
shall apply to individuals hired to perform functions
described in section 44936(a)(1)(B) of title 49, United
States Code, after the date of the enactment of this Act;
except that the Administrator of the Federal Aviation
Administration may, as the Administrator determines to be
appropriate, require such employment investigations or
criminal history records checks for individuals performing
those functions on the date of the enactment of this Act.
SEC. 305. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE
EXPLOSIVE DETECTION EQUIPMENT.
(a) In General.--Section 44913(a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Until such time as the Administrator determines that
equipment certified under paragraph (1) is commercially
available and has successfully completed operational testing
as provided in paragraph (1), the Administrator shall
facilitate the deployment of such approved commercially
available explosive detection devices as the Administrator
determines will enhance aviation security significantly. The
Administrator shall require that equipment deployed under
this paragraph be replaced by equipment certified under
paragraph (1) when equipment certified under paragraph (1)
becomes commer
[[Page 2399]]
cially available. The Administrator is authorized, based on
operational considerations at individual airports, to waive
the required installation of commercially available equipment
under paragraph (1) in the interests of aviation security.
The Administrator may permit the requirements of this
paragraph to be met at airports by the deployment of dogs or
other appropriate animals to supplement equipment for
screening passengers, baggage, mail, or cargo for explosives
or weapons.''.
(b) Agreements.--The Administrator is authorized to use
noncompetitive or cooperative agreements with air carriers
and airport authorities that provide for the Administrator to
purchase and assist in installing advanced security equipment
for the use of such entities.
SEC. 306. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR
CERTAIN PERSONNEL.
Section 44936(a) is amended by adding at the end the
following:
``(3) The Administrator shall provide for the periodic
audit of the effectiveness of criminal history record checks
conducted under paragraph (1) of this subsection.''.
SEC. 307. PASSENGER PROFILING.
The Administrator of the Federal Aviation Administration,
the Secretary of Transportation, the intelligence community,
and the law enforcement community should continue to assist
air carriers in developing computer-assisted passenger
profiling programs and other appropriate passenger profiling
programs which should be used in conjunction with other
security measures and technologies.
SEC. 308. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY
PROGRAMS AND ACTIVITIES.
(a) In General.--Notwithstanding any other provision of
law, funds referred to in subsection (b) may be used for the
improvement of facilities and the purchase and deployment of
equipment to enhance and ensure the safety and security of
passengers and other persons involved in air travel.
(b) Covered Funds.--The following funds may be used under
subsection (a):
(1) Project grants made under subchapter 1 of chapter 471
of title 49, United States Code.
(2) Passenger facility fees collected under section 40117
of title 49, United States Code.
SEC. 309. DEVELOPMENT OF AVIATION SECURITY LIAISON AGREEMENT.
The Secretary of Transportation and the Attorney General,
acting through the Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of
Investigation, shall enter into an interagency agreement
providing for the establishment of an aviation security
liaison at existing appropriate Federal agencies' field
offices in or near cities served by a designated high-risk
airport.
SEC. 310. REGULAR JOINT THREAT ASSESSMENTS.
The Administrator of the Federal Aviation Administration
and the Director of the Federal Bureau of Investigation shall
carry out joint threat and vulnerability assessments on
security every 3 years, or more frequently, as necessary, at
each airport determined to be high risk.
SEC. 311. BAGGAGE MATCH REPORT.
(a) Report.--If a bag match pilot program is carried out as
recommended by the White House Conference on Aviation Safety
and Security, not later than the 30th day following the date
of completion of the pilot program, the Administrator of the
Federal Aviation Administration shall submit to Congress a
report on the safety, effectiveness, and operational
effectiveness of the pilot program. The report shall also
assess the extent to which implementation of baggage match
requirements (coupled with the best available technologies
and methodologies, such as passenger profiling) enhance
domestic aviation security.
(b) Sense of the Senate.--It is the sense of the Senate
that the Administrator should work with airports and air
carriers to develop, to the extent feasible, effective
domestic bag matching proposals.
SEC. 312. ENHANCED SECURITY PROGRAMS.
(a) In General.--Chapter 449 is amended by adding at the
end of subchapter I the following:
``Sec. 44916. Assessments and evaluations
``(a) Periodic Assessments.--The Administrator shall
require each air carrier and airport (including the airport
owner or operator in cooperation with the air carriers and
vendors serving each airport) that provides for intrastate,
interstate, or foreign air transportation to conduct periodic
vulnerability assessments of the security systems of that air
carrier or airport, respectively. The Administration shall
perform periodic audits of such assessments.
``(b) Investigations.--The Administrator shall conduct
periodic and unannounced inspections of security systems of
airports and air carriers to determine the effectiveness and
vulnerabilities of such systems. To the extent allowable by
law, the Administrator may provide for anonymous tests of
those security systems.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 44915 the following:
``44916. Assessments and evaluations.''.
SEC. 313. REPORT ON AIR CARGO.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall
transmit to Congress a report on any changes recommended and
implemented as a result of the White House Commission on
Aviation Safety and Security to enhance and supplement
screening and inspection of cargo, mail, and company-shipped
materials transported in air commerce.
(b) Contents.--The report shall include--
(1) an assessment of the effectiveness of the changes
referred to in subsection (a);
(2) an assessment of the oversight by the Federal Aviation
Administration of inspections of shipments of mail and cargo
by domestic and foreign air carriers;
(3) an assessment of the need for additional security
measures with respect to such inspections;
(4) an assessment of the adequacy of inspection and
screening of cargo on passenger air carriers; and
(5) any additional recommendations, and if necessary any
legislative proposals, necessary to carry out additional
changes.
(c) Sense of the Senate.--It is the sense of the Senate
that the inspection of cargo, mail, and company-shipped
materials can be enhanced.
SEC. 314. SENSE OF THE SENATE REGARDING ACTS OF INTERNATIONAL
TERRORISM.
(a) Findings.--The Senate finds that--
(1) there has been an intensification in the oppression and
disregard for human life among nations that are willing to
export terrorism;
(2) there has been an increase in attempts by criminal
terrorists to murder airline passengers through the
destruction of civilian airliners and the deliberate fear and
death inflicted through bombings of buildings and the
kidnapping of tourists and Americans residing abroad; and
(3) information widely available demonstrates that a
significant portion of international terrorist activity is
state-sponsored, -organized, -condoned, or -directed.
(b) Sense of the Senate.--It is the sense of the Senate
that if evidence establishes beyond a clear and reasonable
doubt that any act of hostility towards any United States
citizen was an act of international terrorism sponsored,
organized, condoned, or directed by any nation, a state of
war should be considered to exist or to have existed between
the United States and that nation, beginning as of the moment
that the act of aggression occurs.
TITLE IV--AVIATION SAFETY
SEC. 401. ELIMINATION OF DUAL MANDATE.
(a) Safety Considerations in Public Interest.--
(1) Safety as highest priority.--Section 40101(d) is
amended--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) assigning, maintaining, and enhancing safety and
security as the highest priorities in air commerce.''.
(2) Elimination of promotion.--Section 40101(d) is further
amended--
(A) in paragraph (2), as redesignated by paragraph (1)(A)
of this subsection, by striking ``its development and''; and
(B) in paragraph (3), as so redesignated--
(i) by striking ``promoting, encouraging,'' and inserting
``encouraging''; and
(ii) by inserting before the period at the end ``,
including new aviation technology''.
(b) FAA Safety Mission.--
(1) In general.--Section 40104 is amended--
(A) by inserting ``safety of'' before ``air commerce'' in
the section heading;
(B) by inserting ``Safety of'' before ``Air Commerce'' in
the heading of subsection (a); and
(C) by inserting ``safety of'' before ``air commerce'' in
subsection (a).
(2) Clerical amendment.--The table of sections for chapter
401 is amended by striking the item relating to section 40104
and inserting the following:
``40104. Promotion of civil aeronautics and safety of air commerce.''.
SEC. 402. PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION.
(a) In General.--Chapter 401, as amended by section 253 of
this Act, is further amended by adding at the end the
following:
``Sec. 40123. Protection of voluntarily submitted information
``(a) In General.--Notwithstanding any other provision of
law, neither the Administrator of the Federal Aviation
Administration, nor any agency receiving information from the
Administrator, shall disclose voluntarily-provided safety or
security related information if the Administrator finds
that--
``(1) the disclosure of the information would inhibit the
voluntary provision of that type of information and that the
receipt of that type of information aids in fulfilling the
Administrator's safety and security responsibilities; and
``(2) withholding such information from disclosure would be
consistent with the Administrator's safety and security
responsibilities.
``(b) Regulations.--The Administrator shall issue
regulations to carry out this section.''.
(b) Conforming Amendment.--The table of sections for such
chapter is amended by adding at the end the following:
``40123. Protection of voluntarily submitted information.''.
SEC. 403. SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
[[Page 2400]]
``(b) Supplemental Type Certificates.--
``(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type certificate for
a change to an aircraft, aircraft engine, propeller, or
appliance.
``(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the
aircraft, aircraft engine, propeller, or appliance with
respect to the previously issued type certificate for the
aircraft, aircraft engine, propeller, or appliance.
``(3) Requirement.--If the holder of a supplemental type
certificate agrees to permit another person to use the
certificate to modify an aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the other
person with written evidence, in a form acceptable to the
Administrator, of that agreement. A person may change an
aircraft, aircraft engine, propeller, or appliance based on a
supplemental type certificate only if the person requesting
the change is the holder of the supplemental type certificate
or has permission from the holder to make the change.''.
SEC. 404. CERTIFICATION OF SMALL AIRPORTS.
(a) In General.--Section 44706(a) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) that is not located in the State of Alaska and serves
any scheduled passenger operation of an air carrier operating
aircraft designed for more than 9 passenger seats but less
than 31 passenger seats; and'';
(3) by striking ``and'' at the end of paragraph (3), as
redesignated by paragraph (1) of this subsection;
(4) by striking ``(3) when'' and inserting ``if''; and
(5) by moving the matter following paragraph (3), as
redesignated by paragraph (1) of this subsection, to the left
flush full measure.
(b) Commuter Airports.--Section 44706 is amended by adding
at the end the following:
``(d) Commuter Airports.--In developing the terms required
by subsection (b) for airports covered by subsection (a)(2),
the Administrator shall identify and consider a reasonable
number of regulatory alternatives and select from such
alternatives the least costly, most cost-effective or the
least burdensome alternative that will provide comparable
safety at airports described in subsections (a)(1) and
(a)(2).''.
(c) Effective Date.--Section 44706 is further amended by
adding at the end the following:
``(e) Effective Date.--Any regulation establishing the
terms required by subsection (b) for airports covered by
subsection (a)(2) shall not take effect until such
regulation, and a report on the economic impact of the
regulation on air service to the airports covered by the
rule, has been submitted to Congress and 120 days have
elapsed following the date of such submission.''.
(d) Limitation on Statutory Construction.--Section 44706 is
further amended by adding at the end the following:
``(f) Limitation on Statutory Construction.--Nothing in
this title may be construed as requiring a person to obtain
an airport operating certificate if such person does not
desire to operate an airport described in subsection (a).''.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR STATE-SPECIFIC
SAFETY MEASURES.
There are authorized to be appropriated to the Federal
Aviation Administration not more than $10,000,000 for fiscal
year 1997 for the purpose of addressing State-specific
aviation safety problems identified by the National
Transportation Safety Board.
SEC. 406. AIRCRAFT ENGINE STANDARDS.
(a) Standards and Regulations.--Subsection (a)(1) of
section 44715 is amended to read as follows:
``(a) Standards and Regulations.--(1)(A) To relieve and
protect the public health and welfare from aircraft noise and
sonic boom, the Administrator of the Federal Aviation
Administration, as he deems necessary, shall prescribe--
``(i) standards to measure aircraft noise and sonic boom;
and
``(ii) regulations to control and abate aircraft noise and
sonic boom.
``(B) The Administrator, as the Administrator deems
appropriate, shall provide for the participation of a
representative of the Environmental Protection Agency on such
advisory committees or associated working groups that advise
the Administrator on matters related to the environmental
effects of aircraft and aircraft engines.''.
(b) Interagency Cooperation.--Section 231(a)(2) of the
Clean Air Act (42 U.S.C. 7571(a)(2)) is amended--
(1) by inserting ``(A)'' before ``The Administrator''; and
(2) by adding at the end the following:
``(B)(i) The Administrator shall consult with the
Administrator of the Federal Aviation Administration on
aircraft engine emission standards.
``(ii) The Administrator shall not change the aircraft
engine emission standards if such change would significantly
increase noise and adversely affect safety.''.
SEC. 407. ACCIDENT AND SAFETY DATA CLASSIFICATION; REPORT ON
EFFECTS OF PUBLICATION AND AUTOMATED
SURVEILLANCE TARGETING SYSTEMS.
(a) Accident and Safety Data Classification.--
(1) In general.--Subchapter II of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 1119. Accident and safety data classification and
publication
``(a) In General.--Not later than 90 days after the date of
the enactment of this section, the National Transportation
Safety Board shall, in consultation and coordination with the
Administrator of the Federal Aviation Administration, develop
a system for classifying air carrier accident data maintained
by the Board.
``(b) Requirements for Classification System.--
``(1) In general.--The system developed under this section
shall provide for the classification of accident and safety
data in a manner that, in comparison to the system in effect
on the date of the enactment of this section, provides for
safety-related categories that provide clearer descriptions
of accidents associated with air transportation, including a
more refined classification of accidents which involve
fatalities, injuries, or substantial damage and which are
only related to the operation of an aircraft.
``(2) Public comment.--In developing a system of
classification under paragraph (1), the Board shall provide
adequate opportunity for public review and comment.
``(3) Final classification.--After providing for public
review and comment, and after consulting with the
Administrator, the Board shall issue final classifications.
The Board shall ensure that air travel accident covered under
this section is classified in accordance with the final
classifications issued under this section for data for
calendar year 1997, and for each subsequent calendar year.
``(4) Publication.--The Board shall publish on a periodic
basis accident and safety data in accordance with the final
classifications issued under paragraph (3).
``(5) Recommendations of the administrator.--The
Administrator may, from time to time, request the Board to
consider revisions (including additions to the classification
system developed under this section). The Board shall respond
to any request made by the Administrator under this section
not later than 90 days after receiving that request.''.
(2) Conforming amendment.--The table of sections for
subchapter II of chapter 11 of title 49, United States Code,
is amended by adding at the end the following:
``1119. Accident and safety data classification and publication.''.
(b) Automated Surveillance Targeting Systems.--Section
44713 is amended by adding at the end the following:
``(e) Automated Surveillance Targeting Systems.--
``(1) In general.--The Administrator shall give high
priority to developing and deploying a fully enhanced safety
performance analysis system that includes automated
surveillance to assist the Administrator in prioritizing and
targeting surveillance and inspection activities of the
Federal Aviation Administration.
``(2) Deadlines for deployment.--
``(A) Initial phase.--The initial phase of the operational
deployment of the system developed under this subsection
shall begin not later than December 31, 1997.
``(B) Final phase.--The final phase of field deployment of
the system developed under this subsection shall begin not
later than December 31, 1999. By that date, all principal
operations and maintenance inspectors of the Administration,
and appropriate supervisors and analysts of the
Administration shall have been provided access to the
necessary information and resources to carry out the system.
``(3) Integration of information.--In developing the system
under this section, the Administration shall consider the
near-term integration of accident and incident data into the
safety performance analysis system under this subsection.''.
TITLE V--PILOT RECORD SHARING
SEC. 501. SHORT TITLE.
This title may be cited as the ``Pilot Records Improvement
Act of 1996''.
SEC. 502. EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.
(a) In General.--Section 44936 is amended by adding at the
end the following:
``(f) Records of Employment of Pilot Applicants.--
``(1) In general.--Before hiring an individual as a pilot,
an air carrier shall request and receive the following
information:
``(A) FAA records.--From the Administrator of the Federal
Aviation Administration, records pertaining to the individual
that are maintained by the Administrator concerning--
``(i) current airman certificates (including airman medical
certificates) and associated type ratings, including any
limitations to those certificates and ratings; and
``(ii) summaries of legal enforcement actions resulting in
a finding by the Administrator of a violation of this title
or a regulation prescribed or order issued under this title
that was not subsequently overturned.
``(B) Air carrier and other records.--From any air carrier
or other person that has employed the individual at any time
during the 5-year period preceding the date of the employment
application of the individual, or from the trustee in
bankruptcy for such air carrier or person--
``(i) records pertaining to the individual that are
maintained by an air carrier (other than records relating to
flight time, duty time, or rest time) under regulations set
forth in--
[[Page 2401]]
``(I) section 121.683 of title 14, Code of Federal
Regulations;
``(II) paragraph (A) of section VI, appendix I, part 121 of
such title;
``(III) paragraph (A) of section IV, appendix J, part 121
of such title;
``(IV) section 125.401 of such title; and
``(V) section 135.63(a)(4) of such title; and
``(ii) other records pertaining to the individual that are
maintained by the air carrier or person concerning--
``(I) the training, qualifications, proficiency, or
professional competence of the individual, including comments
and evaluations made by a check airman designated in
accordance with section 121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action taken with respect to the
individual that was not subsequently overturned; and
``(III) any release from employment or resignation,
termination, or disqualification with respect to employment.
``(C) National driver register records.--In accordance with
section 30305(b)(7), from the chief driver licensing official
of a State, information concerning the motor vehicle driving
record of the individual.
``(2) Written consent; release from liability.--An air
carrier making a request for records under paragraph (1)--
``(A) shall be required to obtain written consent to the
release of those records from the individual that is the
subject of the records requested; and
``(B) may, notwithstanding any other provision of law or
agreement to the contrary, require the individual who is the
subject of the records to request to execute a release from
liability for any claim arising from the furnishing of such
records to or the use of such records by such air carrier
(other than a claim arising from furnishing information known
to be false and maintained in violation of a criminal
statute).
``(3) 5-year reporting period.--A person shall not furnish
a record in response to a request made under paragraph (1) if
the record was entered more than 5 years before the date of
the request, unless the information concerns a revocation or
suspension of an airman certificate or motor vehicle license
that is in effect on the date of the request.
``(4) Requirement to maintain records.--The Administrator
shall maintain pilot records described in paragraph (1)(A)
for a period of at least 5 years.
``(5) Receipt of consent; provision of information.--A
person shall not furnish a record in response to a request
made under paragraph (1) without first obtaining a copy of
the written consent of the individual who is the subject of
the records requested. A person who receives a request for
records under this paragraph shall furnish a copy of all of
such requested records maintained by the person not later
than 30 days after receiving the request.
``(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records under
paragraph (1) shall provide to the individual who is the
subject of the records--
``(A) on or before the 20th day following the date of
receipt of the request, written notice of the request and of
the individual's right to receive a copy of such records; and
``(B) in accordance with paragraph (10), a copy of such
records, if requested by the individual.
``(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request under
paragraph (1) or (6) may establish a reasonable charge for
the cost of processing the request and furnishing copies of
the requested records.
``(8) Standard forms.--The Administrator shall promulgate--
``(A) standard forms that may be used by an air carrier to
request records under paragraph (1); and
``(B) standard forms that may be used by an air carrier
to--
``(i) obtain the written consent of the individual who is
the subject of a request under paragraph (1); and
``(ii) inform the individual of--
``(I) the request; and
``(II) the individual right of that individual to receive a
copy of any records furnished in response to the request.
``(9) Right to correct inaccuracies.--An air carrier that
maintains or requests and receives the records of an
individual under paragraph (1) shall provide the individual
with a reasonable opportunity to submit written comments to
correct any inaccuracies contained in the records before
making a final hiring decision with respect to the
individual.
``(10) Right of pilot to review certain records.--
Notwithstanding any other provision of law or agreement, an
air carrier shall, upon written request from a pilot employed
by such carrier, make available, within a reasonable time of
the request, to the pilot for review, any and all employment
records referred to in paragraph (1)(B) (i) or (ii)
pertaining to the employment of the pilot.
``(11) Privacy protections.--An air carrier that receives
the records of an individual under paragraph (1) may use such
records only to assess the qualifications of the individual
in deciding whether or not to hire the individual as a pilot.
The air carrier shall take such actions as may be necessary
to protect the privacy of the pilot and the confidentiality
of the records, including ensuring that information contained
in the records is not divulged to any individual that is not
directly involved in the hiring decision.
``(12) Periodic review.--Not later than 18 months after the
date of the enactment of the Pilot Records Improvement Act of
1996, and at least once every 3 years thereafter, the
Administrator shall transmit to Congress a statement that
contains, taking into account recent developments in the
aviation industry--
``(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration records,
air carrier records, and other records required to be
furnished under subparagraphs (A) and (B) of paragraph (1);
or
``(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
``(13) Regulations.--The Administrator may prescribe such
regulations as may be necessary--
``(A) to protect--
``(i) the personal privacy of any individual whose records
are requested under paragraph (1); and
``(ii) the confidentiality of those records;
``(B) to preclude the further dissemination of records
received under paragraph (1) by the person who requested
those records; and
``(C) to ensure prompt compliance with any request made
under paragraph (1).
``(g) Limitation on Liability; Preemption of State Law.--
``(1) Limitation on liability.--No action or proceeding may
be brought by or on behalf of an individual who has applied
for or is seeking a position with an air carrier as a pilot
and who has signed a release from liability, as provided for
under paragraph (2), against--
``(A) the air carrier requesting the records of that
individual under subsection (f)(1);
``(B) a person who has complied with such request;
``(C) a person who has entered information contained in the
individual's records; or
``(D) an agent or employee of a person described in
subparagraph (A) or (B);
in the nature of an action for defamation, invasion of
privacy, negligence, interference with contract, or
otherwise, or under any Federal or State law with respect to
the furnishing or use of such records in accordance with
subsection (f).
``(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in effect, or
enforce any law (including any regulation, standard, or other
provision having the force and effect of law) that prohibits,
penalizes, or imposes liability for furnishing or using
records in accordance with subsection (f).
``(3) Provision of knowingly false information.--Paragraphs
(1) and (2) shall not apply with respect to a person who
furnishes information in response to a request made under
subsection (f)(1), that--
``(A) the person knows is false; and
``(B) was maintained in violation of a criminal statute of
the United States.
``(h) Limitation on Statutory Construction.--Nothing in
subsection (f) shall be construed as precluding the
availability of the records of a pilot in an investigation or
other proceeding concerning an accident or incident conducted
by the Administrator, the National Transportation Safety
Board, or a court.''.
(b) Conforming Amendments.--Section 30305(b) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
``(7) An individual who is seeking employment by an air
carrier as a pilot may request the chief driver licensing
official of a State to provide information about the
individual under paragraph (2) to the prospective employer of
the individual or to the Secretary of Transportation.
Information may not be obtained from the National Driver
Register under this subsection if the information was entered
in the Register more than 5 years before the request unless
the information is about a revocation or suspension still in
effect on the date of the request.''.
(c) Civil Penalties.--Section 46301, as amended by section
1220(b) of this Act, is further amended--
(1) in each of subsections (a)(1)(A), (d)(2), and
(f)(1)(A)(i) by inserting ``44724,'' after ``44718(d),''; and
(2) in subsection (a)(2)(A) by inserting ``44724,'' after
``44716,''.
(d) Applicability.--The amendments made by this section
shall apply to any air carrier hiring an individual as a
pilot whose application was first received by the carrier on
or after the 120th day following the date of the enactment of
this Act.
SEC. 503. STUDIES OF MINIMUM STANDARDS FOR PILOT
QUALIFICATIONS AND OF PAY FOR TRAINING.
(a) Study.--The Administrator of the Federal Aviation
Administration shall appoint a task force consisting of
appropriate representatives of the aviation industry to
conduct--
(1) a study directed toward the development of--
(A) standards and criteria for preemployment screening
tests measuring the psychomotor coordination, general
intellectual capacity, instrument and mechanical
comprehension, and physical and mental fitness of an
applicant for employment as a pilot by an air carrier; and
(B) standards and criteria for pilot training facilities to
be licensed by the Administrator and which will assure that
pilots trained at such facilities meet the preemployment
[[Page 2402]]
screening standards and criteria described in subparagraph
(A); and
(2) a study to determine if the practice of some air
carriers to require employees or prospective employees to pay
for the training or experience that is needed to perform
flight check duties for an air carrier is in the public
interest.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under
subsection (a)(2).
SEC. 504. STUDY OF MINIMUM FLIGHT TIME.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study to determine whether
current minimum flight time requirements applicable to
individuals seeking employment as a pilot with an air carrier
are sufficient to ensure public safety.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study.
TITLE VI--CHILD PILOT SAFETY
SEC. 601. SHORT TITLE.
This title may be cited as the ``Child Pilot Safety Act''.
SEC. 602. CHILD PILOT SAFETY.
(a) Manipulation of Flight Controls.--
(1) In General.--Chapter 447 is amended by adding at the
end the following:
``Sec. 44724. Manipulation of flight controls
``(a) Prohibition.--No pilot in command of an aircraft may
allow an individual who does not hold--
``(1) a valid private pilots certificate issued by the
Administrator of the Federal Aviation Administration under
part 61 of title 14, Code of Federal Regulations; and
``(2) the appropriate medical certificate issued by the
Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows
or should have known that the individual is attempting to set
a record or engage in an aeronautical competition or
aeronautical feat, as defined by the Administrator.
``(b) Revocation of Airmen Certificates.--The Administrator
shall issue an order revoking a certificate issued to an
airman under section 44703 of this title if the Administrator
finds that while acting as a pilot in command of an aircraft,
the airman has permitted another individual to manipulate the
controls of the aircraft in violation of subsection (a).
``(c) Pilot in Command Defined.--In this section, the term
`pilot in command' has the meaning given such term by section
1.1 of title 14, Code of Federal Regulations.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``44724. Manipulation of flight controls.''.
(b) Children Flying Aircraft.--
(1) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the impacts of
children flying aircraft.
(2) Considerations.--In conducting the study, the
Administrator shall consider the effects of imposing any
restrictions on children flying aircraft on safety and on the
future of general aviation in the United States.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall issue a report
containing the results of the study, together with
recommendations on--
(A) whether the restrictions established by the amendment
made by subsection (a)(1) should be modified or repealed; and
(B) whether certain individuals or groups should be exempt
from any age, altitude, or other restrictions that the
Administrator may impose by regulation.
(4) Regulations.--As a result of the findings of the study,
the Administrator may issue regulations imposing age,
altitude, or other restrictions on children flying aircraft.
TITLE VII--FAMILY ASSISTANCE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Aviation Disaster Family
Assistance Act of 1996''.
SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD
TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT
ACCIDENTS.
(a) Authority To Provide Assistance.--
(1) In general.--Subchapter III of chapter 11 is amended by
adding at the end the following:
``Sec. 1136. Assistance to families of passengers involved in
aircraft accidents
``(a) In General.--As soon as practicable after being
notified of an aircraft accident within the United States
involving an air carrier or foreign air carrier and resulting
in a major loss of life, the Chairman of the National
Transportation Safety Board shall--
``(1) designate and publicize the name and phone number of
a director of family support services who shall be an
employee of the Board and shall be responsible for acting as
a point of contact within the Federal Government for the
families of passengers involved in the accident and a liaison
between the air carrier or foreign air carrier and the
families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and posttrauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families
of passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for facilitating the recovery
and identification of fatally-injured passengers involved in
an accident described in subsection (a).
``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection
(a)(2) shall have the following responsibilities with respect
to the families of passengers involved in the accident:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the air
carrier or foreign air carrier involved.
``(2) To take such actions as may be necessary to provide
an environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to
travel to such location, and to contact all affected families
periodically thereafter until such time as the organization,
in consultation with the director of family support services
designated for the accident under subsection (a)(1),
determines that further assistance is no longer needed.
``(4) To communicate with the families as to the roles of
the organization, government agencies, and the air carrier or
foreign air carrier involved with respect to the accident and
the post-accident activities.
``(5) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support services.--It
shall be the responsibility of the director of family support
services designated for an accident under subsection (a)(1)
to request, as soon as practicable, from the air carrier or
foreign air carrier involved in the accident a list, which is
based on the best available information at the time of the
request, of the names of the passengers that were aboard the
aircraft involved in the accident.
``(B) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the air carrier or foreign air
carrier involved in the accident a list described in
subparagraph (A).
``(2) Use of information.--The director of family support
services and the organization may not release to any person
information on a list obtained under paragraph (1) but may
provide information on the list about a passenger to the
family of the passenger to the extent that the director of
family support services or the organization considers
appropriate.
``(e) Continuing Responsibilities of the Board.--In the
course of its investigation of an accident described in
subsection (a), the Board shall, to the maximum extent
practicable, ensure that the families of passengers involved
in the accident--
``(1) are briefed, prior to any public briefing, about the
accident, its causes, and any other findings from the
investigation; and
``(2) are individually informed of and allowed to attend
any public hearings and meetings of the Board about the
accident.
``(f) Use of Air Carrier Resources.--To the extent
practicable, the organization designated for an accident
under subsection (a)(2) shall coordinate its activities with
the air carrier or foreign air carrier involved in the
accident so that the resources of the carrier can be used to
the greatest extent possible to carry out the organization's
responsibilities under this section.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision) may impede the ability of the
Board (including the director of family support services
designated for an accident under subsection (a)(1)), or an
organization designated for an accident under subsection
(a)(2), to carry out its responsibilities under this section
or the ability of the families of passengers involved in the
accident to have contact with one another.
``(2) Unsolicited communications.--In the event of an
accident involving an air carrier providing interstate or
foreign air transportation, no unsolicited communication
concerning a potential action for personal injury or wrongful
death may be made by an attorney or any potential party to
the litigation to an individual injured in the accident, or
to a relative of an individual involved in the accident,
before the 30th day following the date of the accident.
``(h) Definitions.--In this section, the following
definitions apply:
``(1) Aircraft accident.--The term `aircraft accident'
means any aviation disaster regardless of its cause or
suspected cause.
``(2) Passenger.--The term `passenger' includes an employee
of an air carrier aboard an aircraft.''.
(2) Conforming amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1135 the following:
``1136. Assistance to families of passengers involved in aircraft
accidents.''.
(b) Penalties.--Section 1155(a)(1) of such title is
amended--
(1) by striking ``or 1134(b) or (f)(1)'' and inserting ``,
section 1134(b), section 1134(f)(1), or section 1136(g)'';
and
(2) by striking ``either of'' and inserting ``any of''.
SEC. 703. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF
PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.
(a) In General.--Chapter 411 is amended by adding at the
end the following:
[[Page 2403]]
``Sec. 41113. Plans to address needs of families of
passengers involved in aircraft accidents
``(a) Submission of Plans.--Not later than 6 months after
the date of the enactment of this section, each air carrier
holding a certificate of public convenience and necessity
under section 41102 of this title shall submit to the
Secretary and the Chairman of the National Transportation
Safety Board a plan for addressing the needs of the families
of passengers involved in any aircraft accident involving an
aircraft of the air carrier and resulting in a major loss of
life.
``(b) Contents of Plans.--A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
``(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle calls
from the families of the passengers.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, either by utilizing the services of the
organization designated for the accident under section
1136(a)(2) of this title or the services of other suitably
trained individuals.
``(3) An assurance that the notice described in paragraph
(2) will be provided to the family of a passenger as soon as
the air carrier has verified that the passenger was aboard
the aircraft (whether or not the names of all of the
passengers have been verified) and, to the extent
practicable, in person.
``(4) An assurance that the air carrier will provide to the
director of family support services designated for the
accident under section 1136(a)(1) of this title, and to the
organization designated for the accident under section
1136(a)(2) of this title, immediately upon request, a list
(which is based on the best available information at the time
of the request) of the names of the passengers aboard the
aircraft (whether or not such names have been verified), and
will periodically update the list.
``(5) An assurance that the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within the control of the
air carrier.
``(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control
of the air carrier (regardless of its condition) will be
returned to the family unless the possession is needed for
the accident investigation or any criminal investigation.
``(7) An assurance that any unclaimed possession of a
passenger within the control of the air carrier will be
retained by the air carrier for at least 18 months.
``(8) An assurance that the family of each passenger will
be consulted about construction by the air carrier of any
monument to the passengers, including any inscription on the
monument.
``(9) An assurance that the treatment of the families of
nonrevenue passengers (and any other victim of the accident)
will be the same as the treatment of the families of revenue
passengers.
``(10) An assurance that the air carrier will work with any
organization designated under section 1136(a)(2) of this
title on an ongoing basis to ensure that families of
passengers receive an appropriate level of services and
assistance following each accident.
``(11) An assurance that the air carrier will provide
reasonable compensation to any organization designated under
section 1136(a)(2) of this title for services provided by the
organization.
``(12) An assurance that the air carrier will assist the
family of a passenger in traveling to the location of the
accident and provide for the physical care of the family
while the family is staying at such location.
``(13) An assurance that the air carrier will commit
sufficient resources to carry out the plan.
``(c) Certificate Requirement.--After the date that is 6
months after the date of the enactment of this section, the
Secretary may not approve an application for a certificate of
public convenience and necessity under section 41102 of this
title unless the applicant has included as part of such
application a plan that meets the requirements of subsection
(b).
``(d) Limitation on Liability.--An air carrier shall not be
liable for damages in any action brought in a Federal or
State court arising out of the performance of the air carrier
in preparing or providing a passenger list pursuant to a plan
submitted by the air carrier under subsection (b), unless
such liability was caused by conduct of the air carrier which
was grossly negligent or which constituted intentional
misconduct.
``(e) Aircraft Accident and Passenger Defined.--In this
section, the terms `aircraft accident' and `passenger' have
the meanings such terms have in section 1136 of this
title.''.
(b) Conforming Amendment.--The table of sections for such
chapter is amended by adding at the end the following:
``41113. Plans to address needs of families of passengers involved in
aircraft accidents.''.
SEC. 704. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Secretary of Transportation, in
cooperation with the National Transportation Safety Board,
the Federal Emergency Management Agency, the American Red
Cross, air carriers, and families which have been involved in
aircraft accidents shall establish a task force consisting of
representatives of such entities and families,
representatives of air carrier employees, and representatives
of such other entities as the Secretary considers
appropriate.
(b) Guidelines and Recommendations.--The task force
established pursuant to subsection (a) shall develop--
(1) guidelines to assist air carriers in responding to
aircraft accidents;
(2) recommendations on methods to ensure that attorneys and
representatives of media organizations do not intrude on the
privacy of families of passengers involved in an aircraft
accident;
(3) recommendations on methods to ensure that the families
of passengers involved in an aircraft accident who are not
citizens of the United States receive appropriate assistance;
(4) recommendations on methods to ensure that State mental
health licensing laws do not act to prevent out-of-state
mental health workers from working at the site of an aircraft
accident or other related sites;
(5) recommendations on the extent to which military experts
and facilities can be used to aid in the identification of
the remains of passengers involved in an aircraft accident;
and
(6) recommendations on methods to improve the timeliness of
the notification provided by air carriers to the families of
passengers involved in an aircraft accident, including--
(A) an analysis of the steps that air carriers would have
to take to ensure that an accurate list of passengers on
board the aircraft would be available within 1 hour of the
accident and an analysis of such steps to ensure that such
list would be available within 3 hours of the accident;
(B) an analysis of the added costs to air carriers and
travel agents that would result if air carriers were required
to take the steps described in subparagraph (A);
(C) an analysis of any inconvenience to passengers,
including flight delays, that would result if air carriers
were required to take the steps described in subparagraph
(A); and
(D) an analysis of the implications for personal privacy
that would result if air carriers were required to take the
steps described in subparagraph (A).
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report containing the model plan and
recommendations developed by the task force under subsection
(b).
SEC. 705. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title or any amendment made by this title
may be construed as limiting the actions that an air carrier
may take, or the obligations that an air carrier may have, in
providing assistance to the families of passengers involved
in an aircraft accident.
TITLE VIII--AIRPORT REVENUE PROTECTION
SEC. 801. SHORT TITLE.
This title may be cited as the ``Airport Revenue Protection
Act of 1996''.
SEC. 802. FINDINGS; PURPOSE.
(a) In General.--Congress finds that--
(1) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated by a
public airport as a condition of receiving a project grant;
(2) a grant recipient that uses airport revenue for
purposes that are not airport related in a manner
inconsistent with chapter 471 of title 49, United States
Code, illegally diverts airport revenues;
(3) any diversion of airport revenues in violation of the
condition referred to in paragraph (1) undermines the
interest of the United States in promoting a strong national
air transportation system that is responsive to the needs of
airport users;
(4) the Secretary and the Administrator have not enforced
airport revenue diversion rules adequately and must have
additional regulatory tools to increase enforcement efforts;
and
(5) sponsors who have been found to have illegally diverted
airport revenues--
(A) have not reimbursed or made restitution to airports in
a timely manner; and
(B) must be encouraged to do so.
(b) Purpose.--The purpose of this title is to ensure that
airport users are not burdened with hidden taxation for
unrelated municipal services and activities by--
(1) eliminating the ability of any State or political
subdivision thereof that is a recipient of a project grant to
divert airport revenues for purposes that are not related to
an airport, in violation of section 47107 of title 49, United
States Code;
(2) imposing financial reporting requirements that are
designed to identify instances of illegal diversions referred
to in paragraph (1);
(3) establishing a statute of limitations for airport
revenue diversion actions;
(4) clarifying limitations on revenue diversion that are
permitted under chapter 471 of title 49, United States Code;
and
(5) establishing clear penalties and enforcement mechanisms
for identifying and prosecuting airport revenue diversion.
SEC. 803. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Airport.--The term ``airport'' has the meaning provided
that term in section 47102(2) of title 49, United States
Code.
(3) Project grant.--The term ``project grant'' has the
meaning provided that term
[[Page 2404]]
in section 47102(14) of title 49, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Sponsor.--The term ``sponsor'' has the meaning provided
that term in section 47102(19) of title 49, United States
Code.
SEC. 804. RESTRICTION ON USE OF AIRPORT REVENUES.
(a) In General.--Subchapter I of chapter 471, as amended by
section 142 of this Act, is further amended by adding after
section 47132 the following:
``Sec. 47133. Restriction on use of revenues
``(a) Prohibition.--Local taxes on aviation fuel (except
taxes in effect on December 30, 1987) or the revenues
generated by an airport that is the subject of Federal
assistance may not be expended for any purpose other than the
capital or operating costs of--
``(1) the airport;
``(2) the local airport system; or
``(3) any other local facility that is owned or operated by
the person or entity that owns or operates the airport that
is directly and substantially related to the air
transportation of passengers or property.
``(b) Exceptions.--Subsection (a) shall not apply if a
provision enacted not later than September 2, 1982, in a law
controlling financing by the airport owner or operator, or a
covenant or assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides
that the revenues, including local taxes on aviation fuel at
public airports, from any of the facilities of the owner or
operator, including the airport, be used to support not only
the airport but also the general debt obligations or other
facilities of the owner or operator.
``(c) Rule of Construction.--Nothing in this section may be
construed to prevent the use of a State tax on aviation fuel
to support a State aviation program or the use of airport
revenue on or off the airport for a noise mitigation
purpose.''.
(b) Penalties.--Section 46301(a)(5) is amended to read as
follows:
``(5) Penalty for diversion of aviation revenues.--The
amount of a civil penalty assessed under this section for a
violation of section 47107(b) of this title (or any assurance
made under such section) or section 47133 of this title may
be increased above the otherwise applicable maximum amount
under this section to an amount not to exceed 3 times the
amount of revenues that are used in violation of such
section.''.
(c) Conforming Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to
section 47132, as added by section 142 of this Act, the
following:
``47133. Restriction on use of revenues.''.
SEC. 805. REGULATIONS; AUDITS AND ACCOUNTABILITY.
(a) In General.--Section 47107 is amended by adding at the
end the following:
``(m) Audit Certification.--
``(1) In general.--The Secretary of Transportation, acting
through the Administrator of the Federal Aviation
Administration, shall promulgate regulations that require a
recipient of a project grant (or any other recipient of
Federal financial assistance that is provided for an airport)
to include as part of an annual audit conducted under
sections 7501 through 7505 of title 31, a review and opinion
of the review concerning the funding activities with respect
to an airport that is the subject of the project grant (or
other Federal financial assistance) and the sponsors, owners,
or operators (or other recipients) involved.
``(2) Content of review.--A review conducted under
paragraph (1) shall provide reasonable assurances that funds
paid or transferred to sponsors are paid or transferred in a
manner consistent with the applicable requirements of this
chapter and any other applicable provision of law (including
regulations promulgated by the Secretary or the
Administrator).
``(3) Requirements for audit report.--The report submitted
to the Secretary under this subsection shall include a
specific determination and opinion regarding the
appropriateness of the disposition of airport funds paid or
transferred to a sponsor.
``(n) Recovery of Illegally Diverted Funds.--
``(1) In general.--Not later than 180 days after the
issuance of an audit or any other report that identifies an
illegal diversion of airport revenues (as determined under
subsections (b) and (l) and section 47133), the Secretary,
acting through the Administrator, shall--
``(A) review the audit or report;
``(B) perform appropriate factfinding; and
``(C) conduct a hearing and render a final determination
concerning whether the illegal diversion of airport revenues
asserted in the audit or report occurred.
``(2) Notification.--Upon making such a finding, the
Secretary, acting through the Administrator, shall provide
written notification to the sponsor and the airport of--
``(A) the finding; and
``(B) the obligations of the sponsor to reimburse the
airport involved under this paragraph.
``(3) Administrative action.--The Secretary may withhold
any amount from funds that would otherwise be made available
to the sponsor, including funds that would otherwise be made
available to a State, municipality, or political subdivision
thereof (including any multimodal transportation agency or
transit authority of which the sponsor is a member entity) as
part of an apportionment or grant made available pursuant to
this title, if the sponsor--
``(A) receives notification that the sponsor is required to
reimburse an airport; and
``(B) has had an opportunity to reimburse the airport, but
has failed to do so.
``(4) Civil action.--If a sponsor fails to pay an amount
specified under paragraph (3) during the 180-day period
beginning on the date of notification and the Secretary is
unable to withhold a sufficient amount under paragraph (3),
the Secretary, acting through the Administrator, may initiate
a civil action under which the sponsor shall be liable for
civil penalty in an amount equal to the illegal diversion in
question plus interest (as determined under subsection (o)).
``(5) Disposition of penalties.--
``(A) Amounts withheld.--The Secretary or the Administrator
shall transfer any amounts withheld under paragraph (3) to
the Airport and Airway Trust Fund.
``(B) Civil penalties.--With respect to any amount
collected by a court in a civil action under paragraph (4),
the court shall cause to be transferred to the Airport and
Airway Trust Fund any amount collected as a civil penalty
under paragraph (4).
``(6) Reimbursement.--The Secretary, acting through the
Administrator, shall, as soon as practicable after any amount
is collected from a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust Fund to an
airport affected by a diversion that is the subject of a
civil action under paragraph (4), reimbursement in an amount
equal to the amount that has been collected from the sponsor
under paragraph (4) (including any amount of interest
calculated under subsection (o)).
``(7) Statute of limitations.--No person may bring an
action for the recovery of funds illegally diverted in
violation of this section (as determined under subsections
(b) and (l)) or section 47133 after the date that is 6 years
after the date on which the diversion occurred.
``(o) Interest.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary, acting through the Administrator, shall charge a
minimum annual rate of interest on the amount of any illegal
diversion of revenues referred to in subsection (n) in an
amount equal to the average investment interest rate for tax
and loan accounts of the Department of the Treasury (as
determined by the Secretary of the Treasury) for the
applicable calendar year, rounded to the nearest whole
percentage point.
``(2) Adjustment of interest rates.--If, with respect to a
calendar quarter, the average investment interest rate for
tax and loan accounts of the Department of the Treasury
exceeds the average investment interest rate for the
immediately preceding calendar quarter, rounded to the
nearest whole percentage point, the Secretary of the Treasury
may adjust the interest rate charged under this subsection in
a manner that reflects that change.
``(3) Accrual.--Interest assessed under subsection (n)
shall accrue from the date of the actual illegal diversion of
revenues referred to in subsection (n).
``(4) Determination of applicable rate.--The applicable
rate of interest charged under paragraph (1) shall--
``(A) be the rate in effect on the date on which interest
begins to accrue under paragraph (3); and
``(B) remain at a rate fixed under subparagraph (A) during
the duration of the indebtedness.
``(p) Payment by Airport to Sponsor.--If, in the course of
an audit or other review conducted under this section, the
Secretary or the Administrator determines that an airport
owes a sponsor funds as a result of activities conducted by
the sponsor or expenditures by the sponsor for the benefit of
the airport, interest on that amount shall be determined in
the same manner as provided in paragraphs (1) through (4) of
subsection (o), except that the amount of any interest
assessed under this subsection shall be determined from the
date on which the Secretary or the Administrator makes that
determination.''.
(b) Revision of Policies and Procedures; Deadlines.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, acting through the
Administrator, shall revise the policies and procedures
established under section 47107(l) of title 49, United States
Code, to take into account the amendments made to that
section by this title.
(2) Statute of limitations.--Section 47107(l) is amended by
adding at the end the following:
``(5) Statute of limitations.--In addition to the statute
of limitations specified in subsection (n)(7), with respect
to project grants made under this chapter--
``(A) any request by a sponsor to any airport for
additional payments for services conducted off of the airport
or for reimbursement for capital contributions or operating
expenses shall be filed not later than 6 years after the date
on which the expense is incurred; and
``(B) any amount of airport funds that are used to make a
payment or reimbursement as described in subparagraph (A)
after the date specified in that subparagraph shall be
considered to be an illegal diversion of airport revenues
that is subject to subsection (n).''.
SEC. 806. CONFORMING AMENDMENTS TO THE INTERNAL REVENUE CODE
OF 1986.
Section 9502 of the Internal Revenue Code of 1986 is
amended--
[[Page 2405]]
(1) by striking ``and'' at the end of subsection (b)(3);
(2) by striking the period at the end of subsection (b)(4)
and inserting ``, and''; and
(3) by adding at the end of subsection (b) the following:
``(5) amounts determined by the Secretary of the Treasury
to be equivalent to the amounts of civil penalties collected
under section 47107(n) of title 49, United States Code.'';
and
(4) by adding at the end of subsection (d) the following:
``(5) Transfers from the airport and airway trust fund on
account of certain airports.--The Secretary of the Treasury
may transfer from the Airport and Airway Trust Fund to the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration an amount to make a payment
to an airport affected by a diversion that is the subject of
an administrative action under paragraph (3) or a civil
action under paragraph (4) of section 47107(n) of title 49,
United States Code.''.
TITLE IX--METROPOLITAN WASHINGTON AIRPORTS
SEC. 901. SHORT TITLE.
This title may be cited as the ``Metropolitan Washington
Airports Amendments Act of 1996''.
SEC. 902. USE OF LEASED PROPERTY.
Section 6005(c)(2) of the Metropolitan Washington Airports
Act of 1986 (49 U.S.C. App. 2454(c)(2)) is amended by
inserting before the period at the end of the second sentence
the following: ``which are not inconsistent with the needs of
aviation''.
SEC. 903. BOARD OF DIRECTORS.
(a) Appointment of Additional Members.--Section 6007(e)(1)
of the Metropolitan Washington Airports Act of 1986 (49
U.S.C. App. 2456(e)(1)) is amended--
(1) in the matter preceding subparagraph (A) by striking
``11'' and inserting ``13'';
(2) in subparagraph (D) by striking ``one member'' and
inserting ``three members''.
(b) Restrictions.--Section 6007(e)(2) of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)(2))
is amended by striking ``except that'' and all that follows
through the period and inserting ``except that the members
appointed by the President shall be registered voters of
States other than Maryland, Virginia, or the District of
Columbia.''.
(c) Terms.--Section 6007(e)(3) of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)(3))
is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) by the President after the date of the enactment of
this subparagraph, 1 shall be appointed for 4 years.
A member may serve after the expiration of that member's term
until a successor has taken office.''.
(d) Vacancies.--Section 6007(e) of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456(e)) is
amended by redesignating paragraphs (4) and (5) as paragraphs
(8) and (9), respectively, and by inserting after paragraph
(3) the following:
``(4) Vacancies.--A vacancy in the board of directors shall
be filled in the manner in which the original appointment was
made. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of
such term.''.
(e) Political Parties of Presidential Appointees.--Section
6007(e) of the Metropolitan Washington Airports Act of 1986
(49 U.S.C. App. 2456(e)) is amended by inserting after
paragraph (4), as inserted by subsection (d) of this section,
the following:
``(5) Political parties of presidential appointees.--Not
more than 2 of the members of the board appointed by the
President may be of the same political party.''.
(f) Duties of Presidential Appointees.--Section 6007(e) of
the Metropolitan Washington Airports Act of 1986 (49 U.S.C.
App. 2456(e)) is amended by inserting after paragraph (5), as
inserted by subsection (e) of this section, the following:
``(6) Duties of presidential appointees.--In carrying out
their duties on the board, members of the board appointed by
the President shall ensure that adequate consideration is
given to the national interest.''.
(g) Deadline for Presidential Appointments.--Section
6007(e) of the Metropolitan Washington Airports Act of 1986
(49 U.S.C. App. 2456(e)) is amended by inserting after
paragraph (6), as inserted by subsection (f) of this section,
the following:
``(7) Deadline for presidential appointments.--
``(A) Deadline.--The members to be appointed to the board
by the President under section 6007(e)(1)(D) shall be
appointed on or before September 30, 1997.
``(B) Applicability of limitations.--If the deadline of
subparagraph (A) is not met, the Secretary and the Airports
Authority shall be subject to the limitations described in
subsection (i) for the period beginning on October 1, 1997,
and ending on the first day on which all of the members
referred to in subparagraph (A) have been appointed.''.
(h) Required Number of Votes.--Section 6007(e)(9) of the
Metropolitan Washington Airports Act of 1986 (49 U.S.C. App.
2456(e)(9)), as redesignated by subsection (d) of this
section, is amended by striking ``Seven'' and inserting
``Eight''.
SEC. 904. TERMINATION OF BOARD OF REVIEW.
(a) In General.--Section 6007 of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456) is
amended by striking subsections (f) and (h) and redesignating
subsections (g) and (i) as subsections (f) and (g),
respectively.
(b) Staff.--Section 6007 of the Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2456) is amended--
(1) by inserting paragraph (8) of subsection (f), as in
effect before the amendment made by subsection (a) of this
section, after subsection (g), as redesignated by such
subsection (a);
(2) by moving such paragraph 2 ems to the left and
redesignating such paragraph as subsection (h); and
(3) in subsection (h), as so redesignated--
(A) in the first sentence by striking ``The Board of
Review'' and inserting ``To assist the Secretary in carrying
out this Act, the Secretary''; and
(B) in the second sentence by striking ``Board'' and
inserting ``Secretary''.
(c) Conforming Amendments.--The Metropolitan Washington
Airports Act of 1986 (49 U.S.C. App. 2451 et seq.) is
amended--
(1) in section 6009(b) by striking ``or by reason'' and all
that follows before the period; and
(2) in section 6011 by striking ``Except as provided in
section 6007(h), if'' and inserting ``If''.
(d) Protection of Certain Actions.--Actions taken by the
Metropolitan Washington Airports Authority and required to be
submitted to the Board of Review pursuant to section
6007(f)(4) of the Metropolitan Washington Airports Act of
1986 before the date of the enactment of this Act shall
remain in effect and shall not be set aside solely by reason
of a judicial order invalidating certain functions of the
Board of Review.
SEC. 905. LIMITATIONS.
Section 6007 of the Metropolitan Washington Airports Act of
1986 (49 U.S.C. App. 2456) is further amended by adding at
the end the following:
``(i) Limitations.--After October 1, 2001--
``(1) the Secretary may not approve an application of the
Airports Authority for an airport development project grant
under subchapter I of chapter 471 of title 49, United States
Code; and
``(2) the Secretary may not approve an application of the
Airports Authority to impose a passenger facility fee under
section 40117 of such title.''.
SEC. 906. USE OF DULLES AIRPORT ACCESS HIGHWAY.
The Metropolitan Washington Airports Act of 1986 (49 U.S.C.
App. 2451 et seq.) is further amended by adding at the end
the following:
``SEC. 6013. USE OF DULLES AIRPORT ACCESS HIGHWAY.
``(a) Restrictions.--Except as provided by subsection (b),
the Airports Authority shall continue in effect and enforce
paragraphs (1) and (2) of section 4.2 of the Metropolitan
Washington Airports Regulations, as in effect on February 1,
1995.
``(b) Enforcement.--The district courts of the United
States shall have jurisdiction to compel the Airports
Authority and its officers and employees to comply with the
requirements of this section. An action may be brought on
behalf of the United States by the Attorney General or by any
aggrieved party.''.
SEC. 907. EFFECT OF JUDICIAL ORDER.
The Metropolitan Washington Airports Act of 1986 (49 U.S.C.
App. 2451 et seq.) is further amended by adding at the end
the following:
``SEC. 6014. EFFECT OF JUDICIAL ORDER.
``If any provision of the Metropolitan Washington Airports
Amendments Act of 1996 or the amendments made by such Act (or
the application of that provision to any person,
circumstance, or venue) is held invalid by a judicial order,
on the day after the date of the issuance of such order, and
thereafter, the Secretary of Transportation and the
Metropolitan Washington Airports Authority shall be subject
to the limitations described in section 6007(i) of this
Act.''.
SEC. 908. AMENDMENT OF LEASE.
The Secretary of Transportation shall amend the lease
entered into with the Metropolitan Washington Airports
Authority under section 6005(a) of the Metropolitan
Washington Airports Authority Act of 1986 to secure the
Airports Authority's consent to the amendments made to such
Act by this title.
SEC. 909. SENSE OF THE SENATE.
It is the sense of the Senate that the Metropolitan
Washington Airports Authority--
(1) should not provide any reserved parking areas free of
charge to Members of Congress, other Government officials, or
diplomats at Washington National Airport or Washington Dulles
International Airport; and
(2) should establish a parking policy for such airports
that provides equal access to the public, and does not
provide preferential parking privileges to Members of
Congress, other Government officials, or diplomats.
TITLE X--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURES
SEC. 1001. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURES.
(a) Extension of Expenditure Authority.--Paragraph (1) of
section 9502(d) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 1996'' and inserting
``October 1, 1998''.
(b) Extension of Trust Fund Purposes.--Subparagraph (A) of
section 9502(d)(1) of such Code is amended by inserting
before the semicolon at the end ``or the Federal Aviation
Reauthorization Act of 1996''.
[[Page 2406]]
TITLE XI--FAA RESEARCH, ENGINEERING, AND DEVELOPMENT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``FAA Research, Engineering,
and Development Management Reform Act of 1996''.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) is amended--
(1) by striking ``and'' at the end of paragraph (1)(J);
(2) by striking the period at the end of paragraph (2)(J)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(3) for fiscal year 1997--
``(A) $13,660,000 for system development and infrastructure
projects and activities;
``(B) $34,889,000 for capacity and air traffic management
technology projects and activities;
``(C) $19,000,000 for communications, navigation, and
surveillance projects and activities;
``(D) $13,000,000 for weather projects and activities;
``(E) $5,200,000 for airport technology projects and
activities;
``(F) $36,504,000 for aircraft safety technology projects
and activities;
``(G) $57,055,000 for system security technology projects
and activities;
``(H) $23,504,000 for human factors and aviation medicine
projects and activities;
``(I) $3,600,000 for environment and energy projects and
activities; and
``(J) $2,000,000 for innovative/cooperative research
projects and activities.''.
SEC. 1103. RESEARCH PRIORITIES.
Section 48102(b) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``Availability for Research.--(1)'' and
inserting in lieu thereof ``Research Priorities.--(1) The
Administrator shall consider the advice and recommendations
of the research advisory committee established by section
44508 of this title in establishing priorities among major
categories of research and development activities carried out
by the Federal Aviation Administration.
``(2)''.
SEC. 1104. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting in lieu thereof ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) annually review the allocation made by the
Administrator of the amounts authorized by section 48102(a)
of this title among the major categories of research and
development activities carried out by the Administration and
provide advice and recommendations to the Administrator on
whether such allocation is appropriate to meet the needs and
objectives identified under subparagraph (A).''.
SEC. 1105. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) is amended--
(1) in paragraph (2)(A) by striking ``15-year'' and
inserting in lieu thereof ``5-year'';
(2) by amending subparagraph (B) to read as follows:
``(B) The plan shall--
``(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research
and development project under sections 40119, 44504, 44505,
44507, 44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with
other Federal departments and agencies;
``(ii) specify the goals and the priorities for allocation
of resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
``(iii) identify the allocation of resources among long-
term research, near-term research, and development
activities; and
``(iv) highlight the research and development activities
that address specific recommendations of the research
advisory committee established under section 44508 of this
title, and document the recommendations of the committee that
are not accepted, specifying the reasons for
nonacceptance.''; and
(3) in paragraph (3) by inserting ``, including a
description of the dissemination to the private sector of
research results and a description of any new technologies
developed'' after ``during the prior fiscal year''.
TITLE XII--MISCELLANEOUS PROVISIONS
SEC. 1201. PURCHASE OF HOUSING UNITS.
Section 40110 is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Purchase of Housing Units.--
``(1) Authority.--In carrying out this part, the
Administrator may purchase a housing unit (including a
condominium or a housing unit in a building owned by a
cooperative) that is located outside the contiguous United
States if the cost of the unit is $300,000 or less.
``(2) Adjustments for inflation.--For fiscal years
beginning after September 30, 1997, the Administrator may
adjust the dollar amount specified in paragraph (1) to take
into account increases in local housing costs.
``(3) Continuing obligations.--Notwithstanding section 1341
of title 31, the Administrator may purchase a housing unit
under paragraph (1) even if there is an obligation thereafter
to pay necessary and reasonable fees duly assessed upon such
unit, including fees related to operation, maintenance,
taxes, and insurance.
``(4) Certification to congress.--The Administrator may
purchase a housing unit under paragraph (1) only if, at least
30 days before completing the purchase, the Administrator
transmits to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing--
``(A) a description of the housing unit and its price;
``(B) a certification that the price does not exceed the
median price of housing units in the area; and
``(C) a certification that purchasing the housing unit is
the most cost-beneficial means of providing necessary
accommodations in carrying out this part.
``(5) Payment of fees.--The Administrator may pay, when
due, fees resulting from the purchase of a housing unit under
this subsection from any amounts made available to the
Administrator.''.
SEC. 1202. CLARIFICATION OF PASSENGER FACILITY REVENUES AS
CONSTITUTING TRUST FUNDS.
Section 40117(g) is amended by adding at the end the
following:
``(4) Passenger facility revenues that are held by an air
carrier or an agent of the carrier after collection of a
passenger facility fee constitute a trust fund that is held
by the air carrier or agent for the beneficial interest of
the eligible agency imposing the fee. Such carrier or agent
holds neither legal nor equitable interest in the passenger
facility revenues except for any handling fee or retention of
interest collected on unremitted proceeds as may be allowed
by the Secretary.''.
SEC. 1203. AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED OR
REALIGNED MILITARY BASE.
Notwithstanding any other provision of a law, rule, or
grant assurance, an airport that is not a commercial service
airport may be closed by its sponsor without any obligation
to repay grants made under chapter 471 of title 49, United
States Code, the Airport and Airway Improvement Act of 1982,
or any other law if the airport is located within 2 miles of
a United States Army depot which has been closed or
realigned; except that in the case of disposal of the land
associated with the airport, the part of the proceeds from
the disposal that is proportional to the Government's share
of the cost of acquiring the land shall be paid to the
Secretary of Transportation for deposit in the Airport and
Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502).
SEC. 1204. GADSDEN AIR DEPOT, ALABAMA.
(a) Authority To Grant Waivers.--Notwithstanding section 16
of the Federal Airport Act (as in effect on May 4, 1949), the
Secretary is authorized, subject to the provisions of section
47153 of title 49, United States Code, and the provisions of
subsection (b) of this section, to waive any of the terms
contained in the deed of conveyance dated May 4, 1949, under
which the United States conveyed certain property to the city
of Gadsden, Alabama, for airport purposes.
(b) Conditions.--Any waiver granted under subsection (a)
shall be subject to the following conditions:
(1) The city of Gadsden, Alabama, shall agree that, in
conveying any interest in the property which the United
States conveyed to the city by a deed described in subsection
(a), the city will receive an amount for such interest which
is equal to the fair market value of such interest (as
determined pursuant to regulations issued by the Secretary).
(2) Any such amount so received by the city shall be used
by the city for the development, improvement, operation, or
maintenance of a public airport, lands (including any
improvements thereto) which produce revenues that are used
for airport development purposes, or both.
SEC. 1205. REGULATIONS AFFECTING INTRASTATE AVIATION IN
ALASKA.
In modifying regulations contained in title 14, Code of
Federal Regulations, in a manner affecting intrastate
aviation in Alaska, the Administrator of the Federal Aviation
Administration shall consider the extent to which Alaska is
not served by transportation modes other than aviation, and
shall establish such regulatory distinctions as the
Administrator considers appropriate.
SEC. 1206. WESTCHESTER COUNTY AIRPORT, NEW YORK.
Notwithstanding sections 47107(b) and 47133 of title 49,
United States Code, and any other law, regulation, or grant
assurance, all fees received by Westchester County Airport in
the State of New York may be paid into the treasury of
Westchester County pursuant to section 119.31 of the
Westchester County Charter if the Secretary finds that the
expenditures from such treasury for the capital and operating
costs of the Airport after December 31, 1990, have been and
will be equal to or greater than the fees that such treasury
receives from the Airport.
SEC. 1207. BEDFORD AIRPORT, PENNSYLVANIA.
If the Administrator of the Federal Aviation Administration
decommissions an instrument landing system in Pennsylvania,
the Administrator may transfer and install the system at
Bedford Airport, Pennsylvania.
SEC. 1208. WORCESTER MUNICIPAL AIRPORT, MASSACHUSETTS.
The Administrator of the Federal Aviation Administration
shall take such actions as
[[Page 2407]]
may be necessary to improve the safety of aircraft landing at
Worcester Municipal Airport, Massachusetts, including, if
appropriate, providing air traffic radar service to such
airport from the Providence Approach Radar Control in
Coventry, Rhode Island.
SEC. 1209. CENTRAL FLORIDA AIRPORT, SANFORD, FLORIDA.
The Administrator of the Federal Aviation Administration
shall take such actions as may be necessary to improve the
safety of aircraft landing at Central Florida Airport,
Sanford, Florida, including, if appropriate, providing a new
instrument landing system on Runway 27R.
SEC. 1210. AIRCRAFT NOISE OMBUDSMAN.
Section 106, as amended by section 230 of this Act, is
further amended by adding at the end the following:
``(q) Aircraft Noise Ombudsman.--
``(1) Establishment.--There shall be in the Administration
an Aircraft Noise Ombudsman.
``(2) General duties and responsibilities.--The Ombudsman
shall--
``(A) be appointed by the Administrator;
``(B) serve as a liaison with the public on issues
regarding aircraft noise; and
``(C) be consulted when the Administration proposes changes
in aircraft routes so as to minimize any increases in
aircraft noise over populated areas.
``(3) Number of full-time equivalent employees.--The
appointment of an Ombudsman under this subsection shall not
result in an increase in the number of full-time equivalent
employees in the Administration.''.
SEC. 1211. SPECIAL RULE FOR PRIVATELY OWNED RELIEVER
AIRPORTS.
Section 47109 is amended by adding at the end the
following:
``(c) Special Rule for Privately Owned Reliever Airports.--
If a privately owned reliever airport contributes any lands,
easements, or rights-of-way to carry out a project under this
subchapter, the current fair market value of such lands,
easements, or rights-of-way shall be credited toward the non-
Federal share of allowable project costs.''.
SEC. 1212. SENSE OF THE SENATE REGARDING THE FUNDING OF THE
FEDERAL AVIATION ADMINISTRATION.
(a) Findings.--The Senate finds that--
(1) Congress is responsible for ensuring that the financial
needs of the Federal Aviation Administration, the agency that
performs the critical function of overseeing the Nation's air
traffic control system and ensuring the safety of air
travelers in the United States, are met;
(2) aviation excise taxes that constitute the Airport and
Airway Trust Fund, which provides most of the funding for the
Federal Aviation Administration, have expired;
(3) the surplus in the Airport and Airway Trust Fund will
be spent by the Federal Aviation Administration by December
1996;
(4) the existing system of funding the Federal Aviation
Administration will not provide the agency with sufficient
short-term or long-term funding;
(5) this Act creates a sound process to review Federal
Aviation Administration funding and develop a funding system
to meet the Federal Aviation Administration's long-term
funding needs; and
(6) without immediate action by Congress to ensure that the
Federal Aviation Administration's financial needs are met,
air travelers' confidence in the system could be undermined.
(b) Sense of the Senate.--It is the sense of the Senate
that there should be an immediate enactment of an 18-month
reinstatement of the aviation excise taxes to provide short-
term funding for the Federal Aviation Administration.
SEC. 1213. RURAL AIR FARE STUDY.
(a) In General.--The Secretary shall conduct a study to--
(1) compare air fares paid (calculated as both actual and
adjusted air fares) for air transportation on flights
conducted by commercial air carriers--
(A) between--
(i) nonhub airports located in small communities; and
(ii) large hub airports; and
(B) between large hub airports;
(2) analyze--
(A) the extent to which passenger service that is provided
from nonhub airports is provided on--
(i) regional commuter commercial air carriers; or
(ii) major air carriers;
(B) the type of aircraft employed in providing passenger
service at nonhub airports; and
(C) whether there is competition among commercial air
carriers with respect to the provision of air service to
passengers from nonhub airports.
(b) Findings.--The Secretary shall include in the report of
the study conducted under subsection (a) findings
concerning--
(1) whether passengers who use commercial air carriers to
and from rural areas (as defined by the Secretary) pay a
disproportionately greater price for that transportation than
passengers who use commercial air carriers between urban
areas (as defined by the Secretary);
(2) the nature of competition, if any, in rural markets (as
defined by the Secretary) for commercial air carriers;
(3) whether a relationship exists between higher air fares
and competition among commercial air carriers for passengers
traveling on jet aircraft from small communities (as defined
by the Secretary) and, if such a relation exists, the nature
of that relationship;
(4) the number of small communities that have lost air
service as a result of the deregulation of commercial air
carriers with respect to air fares;
(5) the number of small communities served by airports with
respect to which, after commercial air carrier fares were
deregulated, jet aircraft service was replaced by turboprop
aircraft service; and
(6) where such replacement occurred, any corresponding
decreases in available seat capacity for consumers at the
airports referred to in that subparagraph.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit a final
report on the study carried out under subsection (a) to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
(d) Definitions.--For purposes of this section, the
following definitions apply:
(1) Adjusted air fare.--The term ``adjusted air fare''
means an actual air fare that is adjusted for distance
traveled by a passenger.
(2) Air carrier.--The term ``air carrier'' is defined in
section 40102(a)(2) of title 49, United States Code.
(3) Airport.--The term ``airport'' is defined in section
40102(9) of such title.
(4) Commercial air carrier.--The term ``commercial air
carrier'' means an air carrier that provides air
transportation for commercial purposes (as determined by the
Secretary).
(5) Hub airport.--The term ``hub airport'' is defined in
section 41731(a)(2) of such title.
(6) Large hub airport.--The term ``large hub airport''
shall be defined by the Secretary but the definition may not
include a small hub airport, as that term is defined in
section 41731(a)(5) of such title.
(7) Major air carrier.--The term ``major air carrier''
shall be defined by the Secretary.
(8) Nonhub airport.--The term ``nonhub airport'' is defined
in section 41731(a)(4) of such title.
(9) Regional commuter air carrier.--The term ``regional
commuter air carrier'' shall be defined by the Secretary.
SEC. 1214. CARRIAGE OF CANDIDATES IN STATE AND LOCAL
ELECTIONS.
The Administrator of the Federal Aviation Administration
shall revise section 91.321 of the Administration's
regulations (14 C.F.R. 91.321), relating to the carriage of
candidates in Federal elections, to make the same or similar
rules applicable to the carriage of candidates for election
to public office in State and local government elections.
SEC. 1215. SPECIAL FLIGHT RULES IN THE VICINITY OF GRAND
CANYON NATIONAL PARK.
The Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, shall
take such action as may be necessary to provide 45 additional
days for comment by interested persons on the special flight
rules in the vicinity of Grand Canyon National Park and the
Draft Environmental Assessment described in the notice of
proposed rulemaking issued on July 31, 1996, at 61 Fed. Reg.
40120 et seq.
SEC. 1216. TRANSFER OF AIR TRAFFIC CONTROL TOWER; CLOSING OF
FLIGHT SERVICE STATIONS.
(a) Hickory, North Carolina Tower.--
(1) Transfer.--The Administrator of the Federal Aviation
Administration may transfer any title, right, or interest the
United States has in the air traffic control tower located at
the Hickory Regional Airport to the City of Hickory, North
Carolina, for the purpose of enabling the city to provide air
traffic control services to operators of aircraft.
(2) Study.--The Administrator shall conduct a study to
determine whether the number of operations at Hickory
Regional Airport meet the criteria for contract towers and
shall certify in writing to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Commerce and Infrastructure of the House of
Representatives whether that airport meets those criteria.
(b) New Bern-Craven County Station.--The Administrator
shall not close the New Bern-Craven County flight services
station or the Hickory Regional Airport flight service
station unless the Administrator certifies in writing to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that such closure will not
result in a degradation of air safety and that it will reduce
costs to taxpayers.
(c) Pierre, South Dakota Station.--The Administrator shall
not close the Pierre, South Dakota Regional Airport flight
service station unless following the 180th day after the date
of the enactment of this Act the Administrator certifies in
writing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that such closure will not result in a
degradation of air safety, air service, or the loss of
meteorological services or data that cannot otherwise be
obtained in a more cost-effective manner, and that it will
reduce costs to taxpayers.
SEC. 1217. LOCATION OF DOPPLER RADAR STATIONS, NEW YORK.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study of the feasibility of
constructing 2 offshore platforms to serve as sites for the
location of Doppler radar stations for John F.
[[Page 2408]]
Kennedy International Airport and LaGuardia Airport in New
York City, New York.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study conducted under
subsection (a), including proposed locations for the offshore
platforms. Such locations shall be as far as possible from
populated areas while providing appropriate safety measures
for John F. Kennedy International Airport and LaGuardia
Airport.
SEC. 1218. TRAIN WHISTLE REQUIREMENTS.
(a) In General.--Section 20153 is amended by adding at the
end the following:
``(i) Regulations.--In issuing regulations under this
section, the Secretary--
``(1) shall take into account the interest of communities
that--
``(A) have in effect restrictions on the sounding of a
locomotive horn at highway-rail grade crossings; or
``(B) have not been subject to the routine (as defined by
the Secretary) sounding of a locomotive horn at highway-rail
grade crossings;
``(2) shall work in partnership with affected communities
to provide technical assistance and shall provide a
reasonable amount of time for local communities to install
supplementary safety measures, taking into account local
safety initiatives (such as public awareness initiatives and
highway-rail grade crossing traffic law enforcement programs)
subject to such terms and condition as the Secretary deems
necessary, to protect public safety; and
``(3) may waive (in whole or in part) any requirement of
this section (other than a requirement of this subsection or
subsection (j)) that the Secretary determines is not likely
to contribute significantly to public safety.
``(j) Effective Date of Regulations.--Any regulations under
this section shall not take effect before the 365th day
following the date of publication of the final rule.''.
SEC. 1219. INCREASED FEES.
(a) In General.--Notwithstanding any other provision of
law, the Surface Transportation Board shall not increase fees
for services to be collected from small shippers in
connection with rail maximum rate complaints pursuant to part
1002 of title 49, Code of Federal Regulations, Ex Parte No.
542.
(b) Applicability.--Subsection (a) shall no longer be
effective after September 30, 1998.
SEC. 1220. STRUCTURES INTERFERING WITH AIR COMMERCE.
(a) Landfills.--Section 44718 is amended by adding at the
end the following:
``(d) Landfills.--For the purposes of enhancing aviation
safety, in a case in which 2 landfills have been proposed to
be constructed or established within 6 miles of a commercial
service airport with fewer than 50,000 enplanements per year,
no person shall construct or establish either landfill if an
official of the Federal Aviation Administration has stated in
writing within the 3-year period ending on the date of the
enactment of this subsection that 1 of the landfills would be
incompatible with aircraft operations at the airport, unless
the landfill is already active on such date of enactment or
the airport operator agrees to the construction or
establishment of the landfill.''.
(b) Civil Penalties.--Section 46301 is amended by inserting
``44718(d),'' after ``44716,'' in each of subsections
(a)(1)(A), (d)(2), and (f)(1)(A)(i).
SEC. 1221. HAWAII CARGO.
Notwithstanding any other provision of law, and for a
period that shall not extend beyond September 30, 1998, an
air carrier which commenced all-cargo turnaround service
during November 1995 with Stage 2 aircraft with a maximum
weight of more than 75,000 pounds may operate no more than
one Stage 2 aircraft in all-cargo turnaround service and may
also maintain a second such aircraft in reserve. The reserve
aircraft may only be used as a replacement aircraft when the
first aircraft is not airworthy or is unavailable due to
closure of an airport at which the first aircraft is located
in the State of Hawaii.
SEC. 1222. LIMITATION ON AUTHORITY OF STATES TO REGULATE
GAMBLING DEVICES ON VESSELS.
Subsection (b)(2) of section 5 of the Act of January 2,
1951 (commonly referred to as the ``Johnson Act'') (64 Stat.
1135, chapter 1194; 15 U.S.C. 1175), is amended by adding at
the end the following:
``(C) Exclusion of certain voyages and segments.--Except
for a voyage or segment of a voyage that occurs within the
boundaries of the State of Hawaii, a voyage or segment of a
voyage is not described in subparagraph (B) if such voyage or
segment includes or consists of a segment--
``(i) that begins that ends in the same State;
``(ii) that is part of a voyage to another State or to a
foreign country; and
``(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which such segment begins.''.
SEC. 1223. CLARIFYING AMENDMENT.
Section 1 of the Railway Labor Act (45 U.S.C. 151) is
amended by inserting ``, any express company that would have
been subject to subtitle IV of title 49, United States Code,
as of December 31, 1995,'' after ``Board'' the first place it
appears in the first paragraph.
And the Senate agree to the same.
From the Committee on Transportation and Infrastructure, for
consideration of the House bill (except section 501) and the
Senate amendment (except section 1001), and modifications
committed to conference:
Bud Shuster,
Bill Clinger,
John J. Duncan, Jr.,
From the Committee on Transportation and Infrastructure, for
consideration of section 501 of the House bill and section
1001 of the Senate amendment, and modifications committed to
conference:
Bud Shuster,
Bill Clinger,
As additional conferees from the Committee on Rules, for
consideration of section 675 of the Senate bill, and
modifications committed to conference:
David Dreier,
John Linder,
As additional conferees from the Committee on Science, for
consideration of sections 601-05 of the House bill, and
section 103 of the Senate amendment, and modifications
committed to conference:
Robert S. Walker,
Connie Morella,
As additional conferees from the Committee on Science, for
consideration of section 501 of the Senate amendment and
modifications committed to conference:
Robert S. Walker,
F. James Sensenbrenner, Jr.,
As additional conferees from the Committee on Ways and Means,
for the consideration of section 501 of the House bill, and
sections 417, 906, and 1001 of the Senate amendment and
modifications committed to conference:
Bill Archer,
Phil Crane,
Sam M. Gibbons,
Managers on the Part of the House.
Larry Pressler,
Ted Stevens,
John McCain,
Fritz Hollings,
Wendell H. Ford,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. KINGSTON, announced that the yeas had it.
Mr. VOLKMER objected to the vote on the ground that a quorum was not
present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
218
When there appeared
<3-line {>
Nays
198
para.116.17 [Roll No. 446]
YEAS--218
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bono
Brewster
Browder
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clement
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cox
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Deal
DeLay
Dickey
Doggett
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Ensign
Everett
Ewing
Fawell
Fields (TX)
Foley
Ford
Fowler
Franks (CT)
Franks (NJ)
Frelinghuysen
Funderburk
Gallegly
Ganske
Gekas
Geren
Gilchrest
Gillmor
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
LoBiondo
Longley
Lucas
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Meyers
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myrick
Nethercutt
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Payne (VA)
Petri
Pickett
Pombo
Porter
Portman
Pryce
Radanovich
Rahall
Ramstad
Riggs
Roberts
Rogers
Rohrabacher
Roth
Roukema
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (TX)
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
[[Page 2409]]
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--198
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barr
Barrett (WI)
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Boehlert
Bonior
Borski
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Canady
Cardin
Clay
Clayton
Clyburn
Coleman
Collins (IL)
Conyers
Cooley
Costello
Coyne
Cummings
Danner
Davis
de la Garza
DeFazio
DeLauro
Diaz-Balart
Dicks
Dingell
Dixon
Doyle
Durbin
Edwards
Engel
English
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Fox
Frank (MA)
Furse
Gejdenson
Gephardt
Gibbons
Gilman
Gonzalez
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Hoke
Holden
Hoyer
Jackson (IL)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Livingston
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McDade
McDermott
McHale
McHugh
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Myers
Nadler
Neal
Neumann
Ney
Oberstar
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Peterson (MN)
Pomeroy
Poshard
Quinn
Rangel
Reed
Regula
Richardson
Rivers
Roemer
Ros-Lehtinen
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Spratt
Stark
Stokes
Studds
Stupak
Tejeda
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
NOT VOTING--17
Boucher
Chapman
Collins (MI)
Dellums
Deutsch
Frisa
Frost
Green (TX)
Hayes
Heineman
Jackson-Lee (TX)
Obey
Peterson (FL)
Quillen
Rose
Solomon
Thompson
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.18 notice of suspension of the rules
Mr. LINDER, pursuant to House Resolution 525, at 2:21 p.m. announced
the Speaker will recognize Members for motions to suspend the rules
under clause 1, rule XXVII, today with respect to the following bills:
H.R. 4000, POW/MIA; H.R. 4041, Dos Palos Land Conveyance; H.R. 3219,
Native American Housing; S. 1004, Coast Guard Reauthorization Conference
Report; S. 1505, Pipeline Safety; H.R. 2779, Metric Conversion; and S.
1972, Older American Indian Tech. Amendments.
para.116.19 privileges of the house--return of senate bill
Mr. ARCHER rose to a question of the privileges of the House and
submitted the following resolution (H. Res. 545):
Resolved, That the bill of the Senate (S. 1311) entitled
the ``National Physical Fitness and Sports Foundation
Establishment Act'', in the opinion of this House,
contravenes the first clause of the seventh section of the
first article of the Constitution of the United States and is
an infringement of the privileges of this House and that such
bill be respectfully returned to the Senate with a message
communicating this resolution.
The SPEAKER pro tempore, Mr. NEY, ruled that the resolution submitted
did present a question of the privileges of the House under rule IX, and
recognized Mr. ARCHER and Mr. GIBBONS, each for thirty minutes.
After debate,
By unanimous consent, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The SPEAKER pro tempore, Mr. NEY, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.20 notice of suspension of the rules
Mr. LONGLEY, pursuant to House Resolution 525, at 2:38 p.m. announced
the Speaker will recognize a Member for a motion to suspend the rules
under clause 1, rule XXVII, today with respect to the bill from the
Senate (S. 1918) to amend trade laws and related provisions to clarify
the designation of normal trade relations.
para.116.21 messages from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Sherman Williams, one of his
secretaries.
para.116.22 h.r. 4073--unfinished business
The SPEAKER pro tempore, Mr. NEY, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4073) to authorize the National Park Service to
coordinate programs with, provide technical assistance to, and enter
into cooperative agreements with, the National Underground Railroad
Freedom Center in Cincinnati, Ohio, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
244
<3-line {>
negative
Nays
170
para.116.23 [Roll No. 447]
YEAS--244
Allard
Archer
Armey
Bachus
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Condit
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoke
Horn
Hostettler
Houghton
Hutchinson
Hyde
Inglis
Istook
Jacobs
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Molinari
Montgomery
Moorhead
Morella
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Payne (VA)
Peterson (MN)
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stokes
Stump
Talent
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Torkildsen
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
[[Page 2410]]
NAYS--170
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Becerra
Beilenson
Bentsen
Berman
Bevill
Bishop
Blumenauer
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Bryant (TX)
Chenoweth
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Conyers
Costello
Coyne
Cramer
Cummings
Danner
DeFazio
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Filner
Flake
Foglietta
Ford
Frank (MA)
Furse
Gejdenson
Geren
Gibbons
Gonzalez
Gordon
Gutierrez
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lincoln
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Pelosi
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Studds
Stupak
Tanner
Thornton
Thurman
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Waters
Watt (NC)
Waxman
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--19
Barrett (WI)
Boucher
Chapman
Collins (MI)
Dellums
Durbin
Frost
Gephardt
Green (TX)
Gunderson
Hayes
Heineman
Hoekstra
Hunter
Jackson-Lee (TX)
Peterson (FL)
Quillen
Rose
Thompson
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill, as amended, was not
passed.
para.116.24 s. 39--unfinished business
The SPEAKER pro tempore, Mr. NEY, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill of the Senate (S. 39) to amend the Magnuson
Fishery Conservation and Management Act to authorize appropriations, to
provide for sustainable fisheries, and for other purposes.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
384
<3-line {>
affirmative
Nays
30
para.116.25 [Roll No. 448]
YEAS--384
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Evans
Everett
Ewing
Fawell
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Ramstad
Rangel
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--30
Becerra
Berman
Conyers
DeFazio
Eshoo
Farr
Fattah
Fazio
Filner
Frank (MA)
Furse
Gibbons
Gutierrez
Johnston
Lantos
Lofgren
Martinez
Matsui
Miller (CA)
Pallone
Pelosi
Rahall
Reed
Roybal-Allard
Royce
Schroeder
Stark
Torres
Velazquez
Woolsey
NOT VOTING--19
Barrett (WI)
Boucher
Chapman
Collins (MI)
Dellums
Durbin
Frost
Green (TX)
Gunderson
Hayes
Heineman
Hoekstra
Hunter
Jackson-Lee (TX)
Peterson (FL)
Quillen
Thompson
Tiahrt
Waxman
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.26 message from the president--railroad retirement board
The SPEAKER pro tempore, Mr. NEY, laid before the House a message from
the President, which was read as follows:
To the Congress of the United States:
I transmit herewith the Annual Report of the Railroad Retirement Board
for Fiscal Year 1995, pursuant to the provisions of section 7(b)(6) of
the Railroad Retirement Act and section 12(1) of the Railroad
Unemployment Insurance Act.
William J. Clinton.
The White House, September 27, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Transporation and
Infrastructure and the Committee on Ways and Means.
[[Page 2411]]
para.116.27 message from the president--federal labor authority
The SPEAKER pro tempore, Mr. NEY, laid before the House a message from
the President, which was read as follows:
To the Congress of the United States:
In accordance with section 701 of the Civil Service Reform Act of 1978
(Public Law 95-454; 5 U.S.C. 7104(e)), I have the pleasure of
transmitting to you the Seventeenth Annual Report of the Federal Labor
Relations Authority for Fiscal Year 1995.
The report includes information on the cases heard and decisions
rendered by the Federal Labor Relations Authority, the General Counsel
of the Authority, and the Federal Service Impasses Panel.
William J. Clinton.
The White House, September 27, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Government Reform and
Oversight.
para.116.28 message from the president--family-friendly workplace
legislation
The SPEAKER pro tempore, Mr. NEY, laid before the House a message from
the President, which was read as follows:
To the Congress of the United States:
I am pleased to transmit today for consideration and passage the
``Family-Friendly Workplace Act of 1996.'' Also transmitted is a
section-by-section analysis. This legislative proposal is vital to
American workers, offering them a meaningful and flexible opportunity to
balance successfully their work and family responsibilities.
The legislation would offer workers more choice and flexibility in
finding ways to earn the wages they need to support their families while
also spending valuable time with their families. In particular, the
legislation would allow eligible employees who work overtime to receive
compensatory time off--with a limit of up to 80 hours per year--in lieu
of monetary compensation. In addition, the legislation contains explicit
protections against coercion by employers and abuses by unstable or
unscrupulous businesses.
The legislation also would amend the Family and Medical Leave Act of
1993. This statute currently allows eligible workers at businesses with
50 or more employees to take up to 12 weeks of unpaid, job-protected
leave to care for a newborn child, attend to their own serious health
needs, or care for a seriously ill parent, child, or spouse. Although
enactment of this statute was a major step forward in helping families
balance work and family obligations, the law does not address many
situations that working families typically confront. The enclosed
legislation would cover more of these situations, thereby enhancing
workers' ability to balance their need to care for their children and
elderly relatives without sacrificing their employment obligations.
Under the expanded law, workers could take up to 24 hours of unpaid
leave each year to fulfill additional, specified family obligations,
which would include participating in school activities that relate
directly to the academic advancement of their children, accompanying
children or elderly relatives to routine medical appointments, and
attending to other health or care needs of elderly relatives.
I urge the Congress to give this legislation favorable consideration.
William J. Clinton.
The White House, September 27, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Economic and Educational
Opportunities and ordered to be printed (H. Doc. 104-270).
para.116.29 dos palos land conveyance
Mr. SMITH of Michigan, pursuant to House Resolution 525, moved to
suspend the rules and pass the bill (H.R. 4041) to authorize the
Secretary of Agriculture to convey a parcel of unused agricultural land
in Dos Palos, California, to the Dos Palos Ag Boosters for use as a farm
shcool.
The SPEAKER pro tempore, Mr. NEY, recognized Mr. SMITH of New Jersey
and Mr. CONDIT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. NEY, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.30 mia amendments
Mr. SPENCE, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4000) to amend title 10, United States
Code, to restore the provisions of chapter 76 of that title (relating to
missing persons) as in effect before the amendments made by the National
Defense Authorization Act for fiscal year 1997; as amended.
The SPEAKER pro tempore, Mr. NEY, recognized Mr. SPENCE and Mr.
PICKETT, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. NEY, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. DORNAN demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. NEY, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.116.31 notice of suspension of the rules
Mr. GOODLING, pursuant to House Resolution 525, at 3:50 p.m. announced
the Speaker will recognize a Member for a motion to suspend the rules
under clause 1, rule XXVII, today with respect to the bill (H.R. 4139)
to reauthorize and amend the Atlantic Striped Bass Conservation Act and
the Anadromous Fish Conservation Act.
para.116.32 older american indian technical amendments act
Mr. GOODLING, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 1972) to amend the Older
Americans Act of 1965 to improve the provisions relating to Indians, and
for other purposes; as amended.
The SPEAKER pro tempore, Mr. NEY, recognized Mr. GOODLING and Mr.
WILLIAMS, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
two-thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.116.33 striped bass conservation
Mr. SAXTON, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4139) to reauthorize and amend the
Atlantic Striped Bass Conservation Act and the Anadromous Fish
Conservation Act; as amended.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, recognized Mr.
SAXTON and Mr. PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
two-thirds of the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
[[Page 2412]]
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.34 pipeline safety
Mr. SHUSTER, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill of the Senate (S. 1505) to reduce risk to public
safety and the environment associated with pipeline transportation of
natural gas and hazardous liquids, and for other purposes
The SPEAKER pro tempore, Mr. HASTINGS of Washington, recognized Mr.
SHUSTER and Mr. PALLONE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
two-thirds of the Members present had voted in the affirmative.
Mr. PALLONE demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
clause 5, rule I, announced that further proceedings on the motion were
postponed.
para.116.35 h.r. 4000--unfinished business
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
clause 5, rule I, announced the unfinished business to be the motion to
suspend the rules and pass the bill (H.R. 4000) to amend title 10,
United States Code, to restore the provisions of chapter 76 of that
title (relating to missing persons) as in effect before the amendments
made by the National Defense Authorization Act for fiscal year 1997; as
amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
404
<3-line {>
affirmative
Nays
0
para.116.36 [Roll No. 449]
YEAS--404
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Ford
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jackson (IL)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--29
Barrett (WI)
Boucher
Chapman
Chrysler
Collins (MI)
Dellums
Durbin
Ensign
Filner
Forbes
Fowler
Frost
Green (TX)
Hayes
Heineman
Hobson
Hoekstra
Hyde
Jackson-Lee (TX)
Kasich
Kennedy (MA)
King
Lewis (GA)
Peterson (FL)
Quillen
Riggs
Thompson
Torricelli
White
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.37 s. 1505--unfinished business
The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to
clause 5, rule I, announced the further unfinished business to be the
motion to suspend the rules and pass bill of the Senate (S. 1505) to
reduce risk to public safety and the environment associated with
pipeline transportation of natural gas and hazardous liquids, and for
other purposes.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
276
<3-line {>
affirmative
Nays
125
para.116.38 [Roll No. 450]
YEAS--276
Allard
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Borski
Brewster
Browder
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clement
Clinger
Coble
Coburn
Coleman
Collins (GA)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cunningham
Danner
de la Garza
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foley
Frank (MA)
[[Page 2413]]
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Hilleary
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Istook
Jefferson
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Jones
Kim
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Livingston
Lucas
Martini
Mascara
McCarthy
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Orton
Oxley
Packard
Parker
Pastor
Paxon
Payne (VA)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Regula
Richardson
Riggs
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Royce
Salmon
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shuster
Sisisky
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stockman
Stump
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Traficant
Upton
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watts (OK)
Weldon (FL)
Weller
Whitfield
Wicker
Wilson
Wise
Wynn
Young (AK)
Young (FL)
Zeliff
NAYS--125
Abercrombie
Ackerman
Andrews
Becerra
Beilenson
Bevill
Blumenauer
Bonior
Brown (CA)
Brown (FL)
Brown (OH)
Cardin
Clay
Clayton
Clyburn
Collins (IL)
Conyers
Cummings
Davis
DeFazio
DeLauro
Deutsch
Dingell
Engel
Eshoo
Evans
Fattah
Flake
Foglietta
Ford
Furse
Gejdenson
Gephardt
Gilman
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Jackson (IL)
Jacobs
Johnson (CT)
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Lazio
Levin
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Matsui
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Metcalf
Meyers
Millender-McDonald
Miller (CA)
Mink
Moakley
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Owens
Pallone
Payne (NJ)
Pelosi
Rangel
Reed
Rivers
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Schroeder
Schumer
Scott
Serrano
Shays
Skaggs
Slaughter
Stark
Stokes
Studds
Stupak
Torres
Towns
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weldon (PA)
Williams
Wolf
Woolsey
Yates
Zimmer
NOT VOTING--32
Barrett (WI)
Berman
Boucher
Chapman
Chrysler
Collins (MI)
Dellums
Dixon
Durbin
Filner
Forbes
Fowler
Fox
Frost
Green (TX)
Hayes
Heineman
Herger
Hoekstra
Hyde
Jackson-Lee (TX)
Kasich
Kennedy (MA)
King
Lewis (GA)
Moorhead
Peterson (FL)
Quillen
Radanovich
Thompson
Torricelli
White
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.39 submission of conference report--s. 1004
Mr. SHUSTER submitted a conference report (Rept. No. 104-854) on the
bill of the Senate (S. 1004) to authorize appropriations for the United
States Coast Guard, and for other purposes; together with a statement
thereon, for printing in the Record under the rule.
para.116.40 u.s. coast guard authorization
Mr. SHUSTER, by unanimous consent, called up the following conference
report (Rept. No. 104-854):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
1004) to authorize appropriations for the United States Coast
Guard, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization
Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Sense of the Congress regarding funding for Coast Guard.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Recruiting.
Sec. 207. Access to National Driver Register information on certain
Coast Guard personnel.
Sec. 208. Coast Guard housing authorities.
Sec. 209. Board for Correction of Military Records deadline.
Sec. 210. Repeal temporary promotion of warrant officers.
Sec. 211. Appointment of temporary officers.
Sec. 212. Information to be provided to officer selection boards.
Sec. 213. Rescue diver training for selected Coast Guard personnel.
Sec. 214. Special authorities regarding Coast Guard.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
Sec. 301. Changes to documentation laws.
Sec. 302. Nondisclosure of port security plans.
Sec. 303. Maritime drug and alcohol testing program civil penalty.
Sec. 304. Renewal of advisory groups.
Sec. 305. Electronic filing of commercial instruments.
Sec. 306. Civil penalties.
Sec. 307. Amendment to require EPIRBs on the Great Lakes.
Sec. 308. Report on LORAN-C requirements.
Sec. 309. Small boat stations.
Sec. 310. Penalty for alteration of marine safety equipment.
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards.
Sec. 312. Withholding vessel clearance for violation of certain Acts.
Sec. 313. Information barred in legal proceedings.
Sec. 314. Marine casualty reporting.
TITLE IV--COAST GUARD AUXILIARY
Sec. 401. Administration of the Coast Guard auxiliary.
Sec. 402. Purpose of the Coast Guard auxiliary.
Sec. 403. Members of the auxiliary; status.
Sec. 404. Assignment and performance of duties.
Sec. 405. Cooperation with other agencies, States, territories, and
political subdivisions.
Sec. 406. Vessel deemed public vessel.
Sec. 407. Aircraft deemed public aircraft.
Sec. 408. Disposal of certain material.
TITLE V--DEEPWATER PORT MODERNIZATION
Sec. 501. Short title.
Sec. 502. Declarations of purpose and policy.
Sec. 503. Definitions.
Sec. 504. Licenses.
Sec. 505. Informational filings.
Sec. 506. Antitrust review.
Sec. 507. Operation.
Sec. 508. Marine environmental protection and navigational safety.
TITLE VI--COAST GUARD REGULATORY REFORM
Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other
persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification
societies.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 701. Amendment of inland navigation rules.
[[Page 2414]]
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--Inspection of vessels.
Sec. 714. Application--Tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--Abandonment of barges.
Sec. 719. Application--Load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--Limited.
Sec. 722. Able seamen--Offshore supply vessels.
Sec. 723. Scale of employment--Able seamen.
Sec. 724. General requirements--Engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and Naval Reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--Merchant seamen protection.
Sec. 737. Application--Foreign and intercoastal voyages.
Sec. 738. Application--Coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.
Sec. 747. Technical corrections to references to ICC.
TITLE VIII--POLLUTION FROM SHIPS
Sec. 801. Prevention of pollution from ships.
Sec. 802. Marine plastic pollution research and control.
TITLE IX--TOWING VESSEL SAFETY
Sec. 901. Reduction of oil spills from non-self-propelled tank vessels.
Sec. 902. Requirement for fire suppression devices.
Sec. 903. Studies addressing various sources of oil spill risk.
TITLE X--CONVEYANCES
Sec. 1001. Conveyance of lighthouses.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 1004. Conveyance of property in Ketchikan, Alaska.
Sec. 1005. Conveyance of property in Traverse City, Michigan.
Sec. 1006. Transfer of Coast Guard property in New Shoreham, Rhode
Island.
Sec. 1007. Conveyance of property in Santa Cruz, California.
Sec. 1008. Conveyance of vessel S/S RED OAK VICTORY.
Sec. 1009. Conveyance of equipment.
Sec. 1010. Property exchange.
Sec. 1011. Authority to convey Whitefish Point Light Station land.
Sec. 1012. Conveyance of Parramore Beach Coast Guard Station, Virginia.
Sec. 1013. Conveyance of Jeremiah O'Brien.
TITLE XI--MISCELLANEOUS
Sec. 1101. Florida Avenue Bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Service in certain suits in admiralty.
Sec. 1106. Amendments to the Johnson Act.
Sec. 1107. Lower Columbia River maritime fire and safety activities.
Sec. 1108. Oil pollution research training.
Sec. 1109. Limitation on relocation of Houston and Galveston marine
safety offices.
Sec. 1110. Uninspected fish tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the
Great Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from United States documentation requirements.
Sec. 1117. Use of foreign registry oil spill response vessels.
Sec. 1118. Judicial sale of certain documented vessels to aliens.
Sec. 1119. Improved authority to sell recyclable material.
Sec. 1120. Documentation of certain vessels.
Sec. 1121. Vessel deemed to be a recreational vessel.
Sec. 1122. Small passenger vessel pilot inspection program with the
State of Minnesota.
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.
Sec. 1124. Availability of extrajudicial remedies for default on
preferred mortgage liens on vessels.
Sec. 1125. Offshore facility financial responsibility requirements.
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor,
Massachusetts.
Sec. 1127. Sense of Congress; requirement regarding notice.
Sec. 1128. Requirement for procurement of buoy chain.
Sec. 1129. Cruise ship liability.
Sec. 1130. Sense of Congress on the implementation of regulations
regarding animal fats and vegetable oils.
Sec. 1131. Term of Director of the Bureau of Transportation Statistics.
Sec. 1132. Waiver of certain requirements for historic former
Presidential Yacht Sequoia.
Sec. 1133. Vessel requirements.
Sec. 1134. Existing tank vessel research.
Sec. 1135. Plan for the engineering, design, and retrofitting of the
Icebreaker Mackinaw.
Sec. 1136. Cross-border financing.
Sec. 1137. Vessel standards.
Sec. 1138. Vessels subject to the jurisdiction of the United States.
Sec. 1139. Reactivation of closed shipyards.
Sec. 1140. Sakonnet Point Light.
Sec. 1141. Dredging of Rhode Island Waterways.
Sec. 1142. Interim payments.
Sec. 1143. Oil spill information.
Sec. 1144. Compliance with oil spill response plans.
Sec. 1145. Bridge deemed to unreasonably obstruct navigation.
Sec. 1146. Fishing vessel exemption.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Funds are authorized to be appropriated
for necessary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard--
(A) for fiscal year 1996, $2,618,316,000; and
(B) for fiscal year 1997, $2,637,800,000;
of which $25,000,000 shall be derived each fiscal year from
the Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto--
(A) for fiscal year 1996, $428,200,000; and
(B) for fiscal year 1997, $411,600,000;
to remain available until expended, of which $32,500,000 for
fiscal year 1996 and $20,000,000 for fiscal year 1997 shall
be derived each fiscal year from the Oil Spill Liability
Trust fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating
to improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness--
(A) for fiscal year 1996, $22,500,000; and
(B) for fiscal year 1997, $20,300,000;
to remain available until expended, of which $3,150,000 for
fiscal year 1996 and $5,020,000 for fiscal year 1997 shall be
derived each fiscal year from the Oil Spill Liability Trust
Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code--
(A) for fiscal year 1996, $582,022,000; and
(B) for fiscal year 1997, $608,100,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program--
(A) for fiscal year 1996, $25,300,000, to remain available
until expended; and
(B) for fiscal year 1997, $25,100,000, to remain available
until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $25,000,000 for each of
fiscal years 1996 and 1997, to remain available until
expended.
(b) Amounts From the Discretionary Bridge Program.--(1)
Section 104 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(e) Notwithstanding the provisions of sections 101(d) and
144 of title 23, highway bridges determined to be
unreasonable obstructions to navigation under the Truman-
Hobbs Act may be funded from amounts set aside from the
discretionary bridge program. The Secretary shall transfer
these allocations and the responsibility for administration
of these funds to the United States Coast Guard.''.
(2) Notwithstanding any other provision of law, the
Secretary of Transportation shall allocate out of funds
available, $9,100,000 for the John F. Limehouse Memorial
Bridge, Charleston, South Carolina. The allocation shall be
deposited in the Truman-Hobbs
[[Page 2415]]
bridge program account. The Secretary shall transfer this
allocation and responsibility for administration of these
funds to the United States Coast Guard.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of--
(1) 38,400 as of September 30, 1996; and
(2) 37,561 as of September 30, 1997.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads as
follows:
(1) For recruit and special training--
(A) for fiscal year 1996, 1604 student years; and
(B) for fiscal year 1997, 1604 student years.
(2) For flight training--
(A) for fiscal year 1996, 85 student years; and
(B) for fiscal year 1997, 95 student years.
(3) For professional training in military and civilian
institutions--
(A) for fiscal year 1996, 330 student years; and
(B) for fiscal year 1997, 295 student years.
(4) For officer acquisition--
(A) for fiscal year 1996, 874 student years; and
(B) for fiscal year 1997, 878 student years.
SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.
Not later than 30 days after the end of each fiscal year
quarter, the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on all expenditures
related to drug interdiction activities of the Coast Guard
during that quarter.
SEC. 104. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST
GUARD.
It is the sense of the Congress that in appropriating
amounts for the Coast Guard, the Congress should appropriate
amounts adequate to enable the Coast Guard to carry out all
extraordinary functions and duties the Coast Guard is
required to undertake in addition to its normal functions
established by law.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) In General.--Title 14, United States Code, is amended
by inserting after section 514 the following new section:
``Sec. 515. Child development services
``(a) The Commandant may make child development services
available for members and civilian employees of the Coast
Guard, and thereafter as space is available for members of
the Armed Forces and Federal civilian employees. Child
development service benefits provided under the authority of
this section shall be in addition to benefits provided under
other laws.
``(b)(1) Except as provided in paragraph (2), the
Commandant may require that amounts received as fees for the
provision of services under this section at Coast Guard child
development centers be used only for compensation of
employees at those centers who are directly involved in
providing child care.
``(2) If the Commandant determines that compliance with the
limitation in paragraph (1) would result in an uneconomical
and inefficient use of such fee receipts, the Commandant may
(to the extent that such compliance would be uneconomical and
inefficient) use such receipts--
``(A) for the purchase of consumable or disposable items
for Coast Guard child development centers; and
``(B) if the requirements of such centers for consumable or
disposable items for a given fiscal year have been met, for
other expenses of those centers.
``(c) The Commandant shall provide for regular and
unannounced inspections of each child development center
under this section and may use Department of Defense or other
training programs to ensure that all child development center
employees under this section meet minimum standards of
training with respect to early childhood development,
activities and disciplinary techniques appropriate to
children of different ages, child abuse prevention and
detection,and appropriate emergency medical procedures.
``(d) Of the amounts available to the Coast Guard each
fiscal year for operating expenses (and in addition to
amounts received as fees), the Secretary may use for child
development services under this section an amount not to
exceed the total amount the Commandant estimates will be
received by the Coast Guard in the fiscal year as fees for
the provision of those services.
``(e) The Commandant may use appropriated funds available
to the Coast Guard to provide assistance to family home day
care providers so that family home day care services can be
provided to uniformed service members and civilian employees
of the Coast Guard at a cost comparable to the cost of
services provided by Coast Guard child development centers.
``(f) The Secretary shall promulgate regulations to
implement this section. The regulations shall establish fees
to be charged for child development services provided under
this section which take into consideration total family
income.
``(g) For purposes of this section, the term `child
development center' does not include a child care services
facility for which space is allotted under section 616 of the
Act of December 22, 1987 (40 U.S.C. 490b).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 13 of title 14, United States Code, is
amended by inserting after the item related to section 514
the following:
``515. Child development services.''.
SEC. 202. HURRICANE ANDREW RELIEF.
Section 2856 of the National Defense Authorization Act for
Fiscal Year 1993 (Pub. L. 102-484) applies to the military
personnel of the Coast Guard who were assigned to, or
employed at or in connection with, any Federal facility or
installation in the vicinity of Homestead Air Force Base,
Florida, including the areas of Broward, Collier, Dade, and
Monroe Counties, on or before August 24, 1992, except that
funds available to the Coast Guard, not to exceed $25,000,
shall be used. The Secretary of Transportation shall
administer the provisions of section 2856 for the Coast
Guard.
SEC. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION
BOARDS.
Section 289(f) of title 14, United States Code, is amended
by striking ``Upon approval by the President, the names of
the officers selected for continuation on active duty by the
board shall be promptly disseminated to the service at
large.''.
SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.
Section 712 of title 14, United States Code, is amended by
adding at the end the following:
``(d) Reserve members ordered to active duty under this
section shall not be counted in computing authorized strength
of members on active duty or members in grade under this
title or under any other law.''.
SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.
Section 283(b) of title 14, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an
officer shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of
this title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on
the last day of the month in which the officer completes 20
years of active service, unless earlier removed under another
provision of law; or
``(C) if, on the date specified for the officer's discharge
under this section, the officer has completed at least 20
years of active service or is eligible for retirement under
any law, be retired on that date.''.
SEC. 206. RECRUITING.
(a) Campus Recruiting.--Section 558 of the National Defense
Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is
amended--
(1) by inserting ``or the Department of Transportation'' in
subsection (a)(1) after ``the Department of Defense'';
(2) by inserting ``or the Secretary of Transportation''
after ``the Secretary of Defense'' in subsection (a)(1); and
(3) by inserting ``and the Secretary of Transportation''
after ``the Secretary of Education'' in subsection (b).
(b) Funds for Recruiting.--The text of section 468 of title
14, United States Code, is amended to read as follows:
``The Coast Guard may expend operating expense funds for
recruiting activities, including but not limited to
advertising and entertainment, in order to--
``(1) obtain recruits for the Service and cadet applicants;
and
``(2) gain support of recruiting objectives from those who
may assist in the recruiting effort.''.
(c) Recruitment of Women and Minorities.--Not later than
January 31, 1997, the Commandant of the Coast Guard shall
report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, on the
status of and the problems in recruitment of women and
minorities into the Coast Guard. The report shall contain
specific plans to increase the recruitment of women and
minorities and legislative recommendations needed to increase
the recruitment of women and minorities.
SEC. 207. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON
CERTAIN COAST GUARD PERSONNEL.
(a) Amendment to Title 14.--Section 93 of title 14, United
States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (t);
(2) by striking the period at the end of paragraph (u) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(v) require that any member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for
appointment or enlistment to any of the foregoing and any
member of a uniformed service who is assigned to the Coast
Guard) request that all information contained in the National
Driver Register pertaining to the individual, as described in
section 30304(a) of title 49, be made available to the
Commandant under section 30305(a) of title 49, may receive
that information, and upon receipt, shall make the
information available to the individual.''.
(b) Amendment to Title 49.--Section 30305(b) of title 49,
United States Code, is amended by redesignating paragraph (7)
as paragraph (8) and inserting after paragraph (6) the
following new paragraph:
[[Page 2416]]
``(7) An individual who is an officer, chief warrant
officer, or enlisted member of the Coast Guard or Coast Guard
Reserve (including a cadet or an applicant for appointment or
enlistment of any of the foregoing and any member of a
uniformed service who is assigned to the Coast Guard) may
request the chief driver licensing official of a State to
provide information about the individual under subsection (a)
of this section to the Commandant of the Coast Guard. The
Commandant may receive the information and shall make the
information available to the individual. Information may not
be obtained from the Register under this paragraph if the
information was entered in the Register more than 3 years
before the request, unless the information is about a
revocation or suspension still in effect on the date of the
request.''.
SEC. 208. COAST GUARD HOUSING AUTHORITIES.
(a) In General.--Title 14, United States Code, is amended
by adding after chapter 17 the following new chapter:
``CHAPTER 18--COAST GUARD HOUSING AUTHORITIES
``Sec.
``680. Definitions.
``681. General authority.
``682. Loan guarantees.
``683. Leasing of housing to be constructed.
``684. Limited partnerships in nongovernmental entities.
``685. Conveyance or lease of existing property and facilities.
``686. Assignment of members of the armed forces to housing units.
``687. Coast Guard Housing Fund.
``688. Reports.
``689. Expiration of authority.
``Sec. 680. Definitions
``In this chapter:
``(1) The term `construction' means the construction of
military housing units and ancillary supporting facilities or
the improvement or rehabilitation of existing units or
ancillary supporting facilities.
``(2) The term `contract' includes any contract, lease, or
other agreement entered into under the authority of this
chapter.
``(3) The term `military unaccompanied housing' means
military housing intended to be occupied by members of the
armed forces serving a tour of duty unaccompanied by
dependents.
``(4) The term `United States' includes the Commonwealth of
Puerto Rico, Guam, the United States Virgin Islands, and the
District of Columbia.
``Sec. 681. General authority
``(a) Authority.--In addition to any other authority
providing for the acquisition or construction of military
family housing or military unaccompanied housing, the
Secretary may exercise any authority or any combination of
authorities provided under this chapter in order to provide
for the acquisition or construction by private persons of the
following:
``(1) Family housing units on or near Coast Guard
installations within the United States and its territories
and possessions.
``(2) Unaccompanied housing units on or near such Coast
Guard installations.
``(b) Limitation on Appropriations.--No appropriation shall
be made to acquire or construct military family housing or
military unaccompanied housing under this chapter if that
acquisition or construction has not been approved by
resolutions adopted by the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``Sec. 682. Loan guarantees
``(a) Loan Guarantees.--
``(1) Subject to subsection (b), the Secretary may
guarantee a loan made to any person in the private sector if
the proceeds of the loan are to be used by the person to
acquire, or construct housing units that the Secretary
determines are suitable for use as military family housing or
as military unaccompanied housing.
``(2) The amount of a guarantee on a loan that may be
provided under paragraph (1) may not exceed the amount equal
to the lesser of--
``(A) 80 percent of the value of the project; or
``(B) the outstanding principal of the loan.
``(3) The Secretary shall establish such terms and
conditions with respect to guarantees of loans under this
subsection as the Secretary considers appropriate to protect
the interests of the United States, including the rights and
obligations of the United States with respect to such
guarantees.
``(4) The funds for the loan guarantees entered into under
this section shall be held in the Coast Guard Housing Fund
under section 687 of this title. The Secretary is authorized
to purchase mortgage insurance to guarantee loans in lieu of
guaranteeing loans directly against funds held in the Coast
Guard Housing Fund.
``(b) Limitation on Guarantee Authority.--Loan guarantees
may be made under this section only to the extent that
appropriations of budget authority to cover their cost (as
defined in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5))) are made in advance, or authority is
otherwise provided in appropriations Acts. If such
appropriation or other authority is provided, there may be
established a financing account (as defined in section 502(7)
of such Act (2 U.S.C. 661a(7))) which shall be available for
the disbursement of payment of claims for payment on loan
guarantees under this section and for all other cash flows to
and from the Government as a result of guarantees made under
this section.
``Sec. 683. Leasing of housing to be constructed
``(a) Build and Lease Authorized.--The Secretary may enter
into contracts for the lease of military family housing units
or military unaccompanied housing units to be constructed
under this chapter.
``(b) Lease Terms.--A contract under this section may be
for any period that the Secretary determines appropriate and
may provide for the owner of the leased property to operate
and maintain the property.
``Sec. 684. Limited partnerships with nongovernmental
entities
``(a) Limited Partnerships Authorized.--The Secretary may
enter into limited partnerships with nongovernmental entities
carrying out projects for the acquisition or construction of
housing units suitable for use as military family housing or
as military unaccompanied housing.
``(b) Limitation on Value of Investment in Limited
Partnership.--(1) The cash amount of an investment under this
section in a nongovernmental entity may not exceed an amount
equal to 33\1/3\ percent of the capital cost (as determined
by the Secretary) of the project or projects that the entity
proposes to carry out under this section with the investment.
``(2) If the Secretary conveys land or facilities to a
nongovernmental entity as all or part of an investment in the
entity under this section, the total value of the investment
by the Secretary under this section may not exceed an amount
equal to 45 percent of the capital cost (as determined by the
Secretary) of the project or projects that the entity
proposes to carry out under this section with the investment.
``(3) In this subsection, the term `capital cost', with
respect to a project for the acquisition or construction of
housing, means the total amount of the costs included in the
basis of the housing for Federal income tax purposes.
``(c) Collateral Incentive Agreements.--The Secretary shall
enter into collateral incentive agreements with
nongovernmental entities in which the Secretary makes an
investment under this section to ensure that a suitable
preference will be afforded members of the armed forces and
their dependents in the lease or purchase, as the case may
be, of a reasonable number of the housing units covered by
the investment.
``Sec. 685. Conveyance or lease of existing property and
facilities
``(a) Conveyance or Lease Authorized.--The Secretary may
convey or lease property or facilities (including ancillary
support facilities) to private persons for purposes of using
the proceeds of such conveyance or lease to carry out
activities under this chapter.
``(b) Terms and Conditions.--(1) The conveyance or lease of
property or facilities under this section shall be for such
consideration and upon such terms and conditions as the
Secretary considers appropriate for the purposes of this
chapter and to protect the interests of the United States.
``(2) As part or all of the consideration for a conveyance
or lease under this section, the purchaser or lessor (as the
case may be) may enter into an agreement with the Secretary
to ensure that a suitable preference will be afforded members
of the armed forces and their dependents in the lease or
sublease of a reasonable number of the housing units covered
by the conveyance or lease, as the case may be, or in the
lease of other suitable housing units made available by the
purchaser or lessee.
``(c) Inapplicability of Certain Property Management
Laws.--The conveyance or lease of property or facilities
under this section shall not be subject to the following
provisions of law:
``(1) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
``(2) Section 321 of the Act of June 30, 1932 (commonly
known as the Economy Act) (47 Stat. 412, chapter 314; 40
U.S.C. 303b).
``(3) The Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.).
``Sec. 686. Assignment of members of the armed forces to
housing units
``(a) In General.--The Secretary may assign members of the
armed forces to housing units acquired or constructed under
this chapter.
``(b) Effect of Certain Assignments on Entitlement to
Housing Allowances.--(1) Except as provided in paragraph (2),
housing referred to in subsection (a) shall be considered as
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service for purposes of section
403(b) of title 37.
``(2) A member of the armed forces who is assigned in
accordance with subsection (a) to a housing unit not owned or
leased by the United States shall be entitled to a basic
allowance for quarters under section 403 of title 37, and, if
in a high housing cost area, a variable housing allowance
under section 403a of that title.
``(c) Lease Payments Through Pay Allotments.--The Secretary
may require members of the armed forces who lease housing in
housing units acquired or constructed under this chapter to
make lease payments for such housing pursuant to allotments
of the pay of such members under section 701 of title 37.
``Sec. 687. Coast Guard Housing Fund
``(a) Establishment.--There is hereby established on the
books of the Treasury an ac
[[Page 2417]]
count to be known as the Coast Guard Housing Fund (in this
section referred to as the `Fund').
``(b) Credits to Fund.--There shall be credited to the Fund
the following:
``(1) Amounts authorized for and appropriated to that Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary transfers, in such amounts as provided in
appropriation Acts, to that Fund from amounts authorized and
appropriated to the Department of Transportation or Coast
Guard for the acquisition or construction of military family
housing or unaccompanied housing.
``(3) Proceeds from the conveyance or lease of property or
facilities under section 685 of this title for the purpose of
carrying out activities under this chapter with respect to
military family and military unaccompanied housing.
``(4) Income from any activities under this chapter,
including interest on loan guarantees made under section 682
of this title, income and gains realized from investments
under section 684 of this title, and any return of capital
invested as part of such investments.
``(c) Use of Amounts in Fund.--(1) In such amounts as
provided in appropriation Acts and except as provided in
subsection (d), the Secretary may use amounts in the Coast
Guard Housing Fund to carry out activities under this chapter
with respect to military family and military unaccompanied
housing units, including activities required in connection
with the planning, execution, and administration of contracts
entered into under the authority of this chapter.
``(2) Amounts made available under this subsection shall
remain available until expended.
``(d) Limitation on Obligations.--The Secretary may not
incur an obligation under a contract or other agreements
entered into under this chapter in excess of the unobligated
balance, at the time the contract is entered into, of the
Fund required to be used to satisfy the obligation.
``(e) Notification Required for Transfers.--A transfer of
appropriated amounts to the Fund under subsection (b)(2) or
(b)(3) of this section may be made only after the end of a
30-day period beginning on the date the Secretary submits
written notice of, and justification for, the transfer to the
appropriate committees of Congress.
``(f) Limitation on Amount of Budget Authority.--The total
value in budget authority of all contracts and investments
undertaken using the authorities provided in this chapter
shall not exceed $20,000,000.
``Sec. 688. Reports
``The Secretary shall include each year in the materials
the Secretary submits to the Congress in support of the
budget submitted by the President pursuant to section 1105 of
title 31, the following:
``(1) A report on each contract or agreement for a project
for the acquisition or construction of military family or
military unaccompanied housing units that the Secretary
proposes to solicit under this chapter, describing the
project and the method of participation of the United States
in the project and providing justification of such method of
participation.
``(2) A report describing each conveyance or lease proposed
under section 685 of this title.
``(3) A methodology for evaluating the extent and
effectiveness of the use of the authorities under this
chapter during such preceding fiscal year.
``(4) A description of the objectives of the Department of
Transportation for providing military family housing and
military unaccompanied housing for members of the Coast
Guard.
``Sec. 689. Expiration of authority
``The authority to enter into a transaction under this
chapter shall expire October 1, 2001.''.
(b) Final Report.--Not later than March 1, 2000, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Congress a report on the use by
the Secretary of the authorities provided by chapter 18 of
title 14, United States Code, as added by subsection (a). The
report shall assess the effectiveness of such authority in
providing for the construction and improvement of military
family housing and military unaccompanied housing.
(c) Clerical Amendment.--The table of chapters at the
beginning of part I of title 14, United States Code, is
amended by inserting after the item relating to chapter 17
the following:
``18. Coast Guard Housing Authorities........................680''.....
(d) Pilot Project.--Notwithstanding section 681(b) of title
14, United States Code, as amended by this Act, and subject
to the other requirements of chapter 18 of such title, as
amended by this Act, the Secretary of Transportation may use
the authority provided in sections 682, 683, 684, 685, and
686 of such chapter to provide for the acquisition or
construction of up to 60 family housing units and
unaccompanied housing units on or near Coast Guard Integrated
Support Command, Ketchikan, Alaska.
SEC. 209. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.
(a) In General.--Chapter 11 of title 14, United States
Code, is amended by inserting after section 424 the following
new section:
``Sec. 425. Board for Correction of Military Records deadline
``(a) Deadline for Completion of Action.--The Secretary
shall complete processing of an application for correction of
military records under section 1552 of title 10 by not later
than 10 months after the date the Secretary receives the
completed application.
``(b) Remedies Deemed Exhausted.--Ten months after a
complete application for correction of military records is
received by the Board for Correction of Military Records of
the Coast Guard, administrative remedies are deemed to have
been exhausted, and--
``(1) if the Board has rendered a recommended decision, its
recommendation shall be final agency action and not subject
to further review or approval within the department in which
the Coast Guard is operating; or
``(2) if the Board has not rendered a recommended decision,
agency action is deemed to have been unreasonably delayed or
withheld and the applicant is entitled to--
``(A) an order under section 706(1) of title 5, directing
final action be taken within 30 days from the date the order
is entered; and
``(B) from amounts appropriated to the department in which
the Coast Guard is operating, the costs of obtaining the
order, including a reasonable attorney's fee.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 11 of title 14, United States Code, is
amended by inserting after the item relating to section 424
the following new item:
``425. Board for Correction of Military Records deadline.''.
(c) Special Right of Applications Under This Section.--This
section applies to any applicant who had an application filed
with or pending before the Board or the Secretary of the
department in which the Coast Guard is operating on or after
June 12, 1990, who files with the Board for Correction of
Military Records of the Coast Guard an application for relief
under the amendment made by subsection (a). If a recommended
decision was modified or reversed on review with final agency
action occurring after expiration of the 10-month deadline
under that amendment, an applicant who so requests shall have
the order in the final decision vacated and receive the
relief granted in the recommended decision if the Coast Guard
has the legal authority to grant such relief. The recommended
decision shall otherwise have no effect as precedent.
(d) Effective Date.--This section shall be effective on and
after June 12, 1990.
SEC. 210. REPEAL TEMPORARY PROMOTION OF WARRANT OFFICERS.
(a) Repeal.--Section 277 of title 14, United States Code,
is repealed. The repeal of such section shall not be
construed to affect the status of any warrant officer
currently serving under a temporary promotion.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 11 of title 14, United States Code, is
amended by striking the item relating to section 277.
SEC. 211. APPOINTMENT OF TEMPORARY OFFICERS.
(a) In General.--Section 214 of title 14, United States
Code, is amended--
(1) in the heading by striking ``Original appointment'' and
inserting ``Appointment'';
(2) by redesignating subsections (d), (e), and (f) in order
as subsections (b), (c), and (d); and
(3) in subsection (c), as so redesignated, by inserting ``,
or a subsequent promotion appointment of a temporary
officer,'' after ``section''.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 11 of title 14, United States Code, is
amended in the item relating to section 214 by striking
``Original appointment'' and inserting ``Appointment''.
SEC. 212. INFORMATION TO BE PROVIDED TO OFFICER SELECTION
BOARDS.
Section 258(2) of title 14, United States Code, is amended
by striking ``, with identification of those officers who are
in the promotion zone''.
SEC. 213. RESCUE DIVER TRAINING FOR SELECTED COAST GUARD
PERSONNEL.
(a) In General.--Section 88 of title 14, United States
Code, is amended by adding at the end the following new
subsection:
``(d) The Secretary shall establish a helicopter rescue
swimming program for the purpose of training selected Coast
Guard personnel in rescue swimming skills, which may include
rescue diver training.''.
(b) Conforming Amendment.--Section 9 of the Coast Guard
Authorization Act of 1984 (98 Stat. 2862; 14 U.S.C. 88 note)
is repealed.
SEC. 214. SPECIAL AUTHORITIES REGARDING COAST GUARD.
(a) Reimbursement of Expenses for Mess Operations.--Section
1011 of title 37, United States Code, is amended by adding at
the end the following new subsection:
``(d) When the Coast Guard is not operating as a service in
the Navy, the Secretary of Transportation shall establish
rates for meals sold at Coast Guard dining facilities,
provide for reimbursement of operating expenses and food
costs to the appropriations concerned, and reduce the rates
for such meals when the Secretary determines that it is in
the best interest of the United States to do so.''.
(b) Severable Services Contracts Crossing Fiscal Years.--
Section 2410a of title 10, United States Code, is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the
Navy, may enter into a contract for procurement of severable
[[Page 2418]]
services for a period that begins in one fiscal year and ends
in the next fiscal year if (without regard to any option to
extend the period of the contract) the contract period does
not exceed one year. Funds made available for a fiscal year
may be obligated for the total amount of a contract entered
into under the authority of this subsection.''.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
SEC. 301. CHANGES TO DOCUMENTATION LAWS.
(a) Civil Penalty.-- Section 12122(a) of title 46, United
States Code, is amended by striking ``$500'' and inserting
``$10,000''.
(b) Seizure and Forfeiture.--
(1) In general.-- Section 12122(b) of title 46, United
States Code, is amended to read as follows:
``(b) A vessel and its equipment are liable to seizure by
and forfeiture to the United States Government--
``(1) when the owner of a vessel or the representative or
agent of the owner knowingly falsifies or conceals a material
fact, or knowingly makes a false statement or representation
about the documentation or when applying for documentation of
the vessel;
``(2) when a certificate of documentation is knowingly and
fraudulently used for a vessel;
``(3) when a vessel is operated after its endorsement has
been denied or revoked under section 12123 of this title;
``(4) when a vessel is employed in a trade without an
appropriate trade endorsement;
``(5) when a documented vessel with only a recreational
endorsement is operated other than for pleasure; or
``(6) when a documented vessel, other than a vessel with
only a recreational endorsement, is placed under the command
of a person not a citizen of the United States.''.
(2) Conforming amendment.--Section 12122(c) of title 46,
United States Code, is repealed.
(c) Limitation on Operation of Vessel With Only
Recreational Endorsement.--Section 12110(c) of title 46,
United States Code, is amended to read as follows:
``(c) A vessel with only a recreational endorsement may not
be operated other than for pleasure.''.
(d) Termination of Restriction on Command of Recreational
Vessels.--
(1) Termination of restriction.--Subsection (d) of section
12110 of title 46, United States Code, is amended by
inserting ``, other than a vessel with only a recreational
endorsement,'' after ``A documented vessel''; and
(2) Conforming amendments.--
(A) Section 12111(a)(2) of title 46, United States Code, is
amended by inserting before the period the following: ``in
violation of section 12110(d) of this title''.
(B) Section 317 of Public Law 101-595 is amended by
striking ``and 12111'' and inserting ``12111, and 12122(b)''.
(e) Fishery Endorsements.--Section 12108 of title 46,
United States Code, is amended by adding at the end the
following:
``(d) A vessel purchased by the Secretary of Commerce
through a fishing capacity reduction program under the
Magnuson Fishery Conservation Management Act (16 U.S.C. 1801
et seq.) or section 308 of the Interjurisdictional Fisheries
Act (16 U.S.C. 4107) is not eligible for a fishery
endorsement, and any fishery endorsement issued for that
vessel is invalid.''.
SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C.
1226), is amended by adding at the end the following new
subsection (c):
``(c) Nondisclosure of Port Security Plans.--
Notwithstanding any other provision of law, information
related to security plans, procedures, or programs for
passenger vessels or passenger terminals authorized under
this Act is not required to be disclosed to the public.''.
SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL
PENALTY.
(a) In General.--Chapter 21 of title 46, United States
Code, is amended by adding at the end a new section 2115 to
read as follows:
``Sec. 2115. Civil penalty to enforce alcohol and dangerous
drug testing
``Any person who fails to implement or conduct, or who
otherwise fails to comply with the requirements prescribed by
the Secretary for, chemical testing for dangerous drugs or
for evidence of alcohol use, as prescribed under this
subtitle or a regulation prescribed by the Secretary to carry
out the provisions of this subtitle, is liable to the United
States Government for a civil penalty of not more than $1,000
for each violation. Each day of a continuing violation shall
constitute a separate violation.''.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 21 of title 46, United States Code, is
amended by inserting after the item relating to section 2114
the following:
``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.
SEC. 304. RENEWAL OF ADVISORY GROUPS.
(a) Navigation Safety Advisory Council.--Section 5(d) of
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
amended by striking ``September 30, 1995'' and inserting
``September 30, 2000''.
(b) Commercial Fishing Industry Vessel Advisory
Committee.--Subsection (e)(1) of section 4508 of title 46,
United States Code, is amended by striking ``September 30,
1994'' and inserting ``September 30, 2000''.
(c) Towing Safety Advisory Committee.--Subsection (e) of
the Act to Establish A Towing Safety Advisory Committee in
the Department of Transportation (33 U.S.C. 1231a(e)) is
amended by striking ``September 30, 1995'' and inserting
``September 30, 2000''.
(d) Houston-Galveston Navigation Safety Advisory
Committee.--The Coast Guard Authorization Act of 1991 (Public
Law 102-241) is amended by adding at the end of section 18
the following:
``(h) The Committee shall terminate on September 30,
2000.''.
(e) Lower Mississippi River Waterway Advisory Committee.--
The Coast Guard Authorization Act of 1991 (Public Law 102-
241) is amended by adding at the end of section 19 the
following:
``(g) The Committee shall terminate on September 30,
2000.''.
(f) National Boating Safety Advisory Council.--Section
13110(e) of title 46, United States Code, is amended by
striking ``September 30, 1996'' and inserting ``September 30,
2000''.
(g) Clerical Amendment.--The section heading for section
5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2073) is amended by striking ``Rules of the Road Advisory
Council'' and inserting ``Navigation Safety Advisory
Council''.
SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.
Section 31321(a) of title 46, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) A bill of sale, conveyance, mortgage, assignment,
or related instrument may be filed electronically under
regulations prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A)
shall not be effective after the 10-day period beginning on
the date of the filing unless the original instrument is
provided to the Secretary within that 10-day period.''.
SEC. 306. CIVIL PENALTIES.
(a) Penalty for Failure To Report a Casualty.--Section
6103(a) of title 46, United States Code is amended by
striking ``$1,000'' and inserting ``not more than $25,000''.
(b) Operation of Uninspected Towing Vessel in Violation of
Manning Requirements.--Section 8906 of title 46, United
States Code, is amended by striking ``$1,000'' and inserting
``not more than $25,000''.
SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.
Paragraph (7) of section 4502(a) of title 46, United States
Code, is amended by inserting ``or beyond 3 nautical miles
from the coastline of the Great Lakes'' after ``high seas''.
SEC. 308. REPORT ON LORAN-C REQUIREMENTS.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Transportation, in cooperation with the
Secretary of Commerce, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a plan prepared in consultation with users
of the LORAN-C radionavigation system defining the future use
of and funding for operations, maintenance, and upgrades of
the LORAN-C radionavigation system. The plan shall provide
for--
(1) mechanisms to make full use of compatible satellite and
LORAN-C technology by all modes of transportation, the
telecommunications industry, and the National Weather
Service;
(2) an appropriate timetable for transition from ground-
based radionavigation technology after it is determined that
satellite-based technology is available as a sole means of
safe and efficient navigation and taking into consideration
the need to ensure that LORAN-C technology purchased by the
public before the year 2000 has a useful economic life; and
(3) agencies in the Department of Transportation and other
relevant Federal agencies to share the Federal government's
costs related to LORAN-C technology.
SEC. 309. SMALL BOAT STATIONS.
(a) In General.--Chapter 17 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 673. Small boat station rescue capability
``The Secretary of Transportation shall ensure that each
Coast Guard small boat station (including a seasonally
operated station) maintains, within the area of
responsibility for the station, at least 1 vessel that is
fully capable of performing offshore rescue operations,
taking into consideration prevailing weather, marine
conditions, and depositional geologic features such as sand
bars.
``Sec. 674. Small boat station closures
``(a) Closures.--The Secretary of Transportation may not
close a Coast Guard multimission small boat station or
subunit unless the Secretary--
``(1) determines that--
``(A) remaining search and rescue capabilities maintain the
safety of the maritime public in the area of the station or
subunit;
``(B) regional or local prevailing weather and marine
conditions, including water temperature or unusual tide and
current conditions, do not require continued operation of the
station or subunit; and
``(C) Coast Guard search and rescue standards related to
search and rescue response times are met; and
``(2) provides an opportunity for public comment and for
public meetings in the area of the station or subunit with
regard to the decision to close the station or subunit.
``(b) Operational Flexibility.--The Secretary may implement
any management effi
[[Page 2419]]
ciencies within the small boat station system, such as
modifying the operational posture of units or reallocating
resources as necessary to ensure the safety of the maritime
public nationwide. No stations or subunits may be closed
under this subsection except in accordance with subsection
(a).''.
(b) Clerical Amendment.--The analysis at the beginning of
chapter 17 of title 14, United States Code, is amended by
adding at the end the following new items:
``673. Small boat station rescue capability.
``674. Small boat station closures.''.
SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.
Section 3318(b) of title 46, United States Code, is
amended--
(1) by inserting ``(1)'' before ``A person''; and
(2) by adding at the end thereof the following:
``(2) A person commits a class D felony if the person--
``(A) alters or services lifesaving, fire safety, or any
other equipment subject to this part for compensation; and
``(B) by that alteration or servicing, intentionally
renders that equipment unsafe and unfit for the purpose for
which it is intended.''.
SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF
COAST GUARD VESSELS IN FOREIGN SHIPYARDS.
(a) Prohibition.--Chapter 5 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance
of Coast Guard vessels in foreign shipyards
``A Coast Guard vessel the home port of which is in a State
of the United States may not be overhauled, repaired, or
maintained in a shipyard outside the United States, other
than in the case of voyage repairs.''.
(b) Clerical Amendment.--The chapter analysis for chapter 5
of title 14, United States Code, is amended by adding at the
end the following:
``96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.''.
SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF
CERTAIN ACTS.
(a) Title 49, United States Code.--Section 5122 of title
49, United States Code, is amended by adding at the end the
following new subsection:
``(c) Withholding of Clearance.--(1) If any owner,
operator, or individual in charge of a vessel is liable for a
civil penalty under section 5123 of this title or for a fine
under section 5124 of this title, or if reasonable cause
exists to believe that such owner, operator, or individual in
charge may be subject to such a civil penalty or fine, the
Secretary of the Treasury, upon the request of the Secretary,
shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of
the United States (46 App. U.S.C. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon the filing of a bond or other surety
satisfactory to the Secretary.''.
(b) Port and Waterways Safety Act.--Section 13(f) of the
Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended
to read as follows:
``(f) Withholding of Clearance.--(1) If any owner,
operator, or individual in charge of a vessel is liable for a
penalty or fine under this section, or if reasonable cause
exists to believe that the owner, operator, or individual in
charge may be subject to a penalty or fine under this
section, the Secretary of the Treasury, upon the request of
the Secretary, shall with respect to such vessel refuse or
revoke any clearance required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety
satisfactory to the Secretary.''.
(c) Inland Navigation Rules Act of 1980.--Section 4(d) of
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d))
is amended to read as follows:
``(d) Withholding of Clearance.--(1) If any owner,
operator, or individual in charge of a vessel is liable for a
penalty under this section, or if reasonable cause exists to
believe that the owner, operator, or individual in charge may
be subject to a penalty under this section, the Secretary of
the Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91).
``(2) Clearance or a permit refused or revoked under this
subsection may be granted upon filing of a bond or other
surety satisfactory to the Secretary.''.
(d) Title 46, United States Code.--Section 3718(e) of title
46, United States Code, is amended to read as follows:
``(e)(1) If any owner, operator, or individual in charge of
a vessel is liable for any penalty or fine under this
section, or if reasonable cause exists to believe that the
owner, operator, or individual in charge may be subject to
any penalty or fine under this section, the Secretary of the
Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91).
``(2) Clearance or a permit refused or revoked under this
subsection may be granted upon filing of a bond or other
surety satisfactory to the Secretary.''.
SEC. 313. INFORMATION BARRED IN LEGAL PROCEEDINGS.
(a) In General.--Chapter 63 of title 46, United States
Code, is amended by inserting after section 6307 the
following:
``Sec. 6308. Information barred in legal proceedings
``(a) Notwithstanding any other provision of law, no part
of a report of a marine casualty investigation conducted
under section 6301 of this title, including findings of fact,
opinions, recommendations, deliberations, or conclusions,
shall be admissible as evidence or subject to discovery in
any civil or administrative proceedings, other than an
administrative proceeding initiated by the United States. Any
employee of the Department of Transportation, and any member
of the Coast Guard, investigating a marine casualty pursuant
to section 6301 of this title, shall not be subject to
deposition or other discovery, or otherwise testify in such
proceedings relevant to a marine casualty investigation,
without the permission of the Secretary of Transportation.
The Secretary shall not withhold permission for such employee
or member to testify, either orally or upon written
questions, on solely factual matters at a time and place and
in a manner acceptable to the Secretary if the information is
not available elsewhere or is not obtainable by other means.
``(b) Nothing in this section prohibits the United States
from calling the employee or member as an expert witness to
testify on its behalf. Further, nothing in this section
prohibits the employee or member from being called as a fact
witness in any case in which the United States is a party. If
the employee or member is called as an expert or fact
witness, the applicable Federal Rules of Civil Procedure
govern discovery. If the employee or member is called as a
witness, the report of a marine casualty investigation
conducted under section 6301 of this title shall not be
admissible, as provided in subsection (a), and shall not be
considered the report of an expert under the Federal Rules of
Civil Procedure.
``(c) The information referred to in subsections (a) and
(b) of this section shall not be considered an admission of
liability by the United States or by any person referred to
in those conclusions and statements.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 63 of title 46, United States Code, is
amended by adding after the item relating to section 6307 the
following new item:
``6308. Information barred in legal proceedings.''.
SEC. 314. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after
enactment of this Act, the Secretary of Transportation shall,
in consultation with appropriate State agencies, submit to
the Committee on Resources of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a plan to increase reporting of vessel accidents
to appropriate State law enforcement officials.
(b) Penalties for Violating Reporting Requirements.--
Section 6103(a) of title 46, United States Code, is amended
by inserting ``or 6102'' after ``6101'' the second place it
appears.
TITLE IV--COAST GUARD AUXILIARY
SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.
(a) In General.--Section 821 of title 14, United States
Code, is amended to read as follows:
``Sec. 821. Administration of the Coast Guard Auxiliary
``(a) The Coast Guard Auxiliary is a nonmilitary
organization administered by the Commandant under the
direction of the Secretary. For command, control, and
administrative purposes, the Auxiliary shall include such
organizational elements and units as are approved by the
Commandant, including but not limited to, a national board
and staff (to be known as the `Auxiliary headquarters unit'),
districts, regions, divisions, flotillas, and other
organizational elements and units. The Auxiliary organization
and its officers shall have such rights, privileges, powers,
and duties as may be granted to them by the Commandant,
consistent with this title and other applicable provisions of
law. The Commandant may delegate to officers of the Auxiliary
the authority vested in the Commandant by this section, in
the manner and to the extent the Commandant considers
necessary or appropriate for the functioning, organization,
and internal administration of the Auxiliary.
``(b) Each organizational element or unit of the Coast
Guard Auxiliary organization (but excluding any corporation
formed by an organizational element or unit of the Auxiliary
under subsection (c) of this section), shall, except when
acting outside the scope of section 822, at all times be
deemed to be an instrumentality of the United States, for
purposes of the following:
``(1) Chapter 26 of title 28 (popularly known as the
Federal Tort Claims Act).
``(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790;
popularly known as the Public Vessels Act).
``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752;
popularly known as the Suits in Admiralty Act).
``(5) The Act of June 19, 1948 (46 App. U.S.C. 740;
popularly known as the Admiralty Extension Act).
[[Page 2420]]
``(6) Other matters related to noncontractual civil
liability.
``(c) The national board of the Auxiliary, and any
Auxiliary district or region, may form a corporation under
State law in accordance with policies established by the
Commandant.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 14, United States Code, is
amended by striking the item relating to section 821, and
inserting the following:
``821. Administration of the Coast Guard Auxiliary.''.
SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.
(a) In General.--Section 822 of title 14, United States
Code, is amended to read as follows:
``Sec. 822. Purpose of the Coast Guard Auxiliary
``The purpose of the Auxiliary is to assist the Coast Guard
as authorized by the Commandant, in performing any Coast
Guard function, power, duty, role, mission, or operation
authorized by law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 14, United States Code, is
amended by striking the item relating to section 822 and
inserting the following:
``822. Purpose of the Coast Guard Auxiliary.''.
SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.
(a) In General.--Title 14, United States Code, is amended
by inserting after section 823 the following new section:
``Sec. 823a. Members of the Auxiliary; status
``(a) Except as otherwise provided in this chapter, a
member of the Coast Guard Auxiliary shall not be considered
to be a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including
those relating to hours of work, rates of compensation,
leave, unemployment compensation, Federal employee benefits,
ethics, conflicts of interest, and other similar criminal or
civil statutes and regulations governing the conduct of
Federal employees. However, nothing in this subsection shall
constrain the Commandant from prescribing standards for the
conduct and behavior of members of the Auxiliary.
``(b) A member of the Auxiliary while assigned to duty
shall be deemed to be a Federal employee only for the
purposes of the following:
``(1) Chapter 26 of title 28 (popularly known as the
Federal Tort Claims Act).
``(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790;
popularly known as the Public Vessels Act).
``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752;
popularly known as the Suits in Admiralty Act).
``(5) The Act of June 19, 1948 (46 App. U.S.C. 740;
popularly known as the Admiralty Extension Act).
``(6) Other matters related to noncontractual civil
liability.
``(7) Compensation for work injuries under chapter 81 of
title 5.
``(8) The resolution of claims relating to damage to or
loss of personal property of the member incident to service
under the Military Personnel and Civilian Employees' Claims
Act of 1964 (31 U.S.C. 3721).
``(c) A member of the Auxiliary, while assigned to duty,
shall be deemed to be a person acting under an officer of the
United States or an agency thereof for purposes of section
1442(a)(1) of title 28.''.
(b) Clerical Amendment.--The table of sections for chapter
23 of title 14, United States Code, is amended by inserting
the following new item after the item relating to section
823:
``823a. Members of the Auxiliary; status.''.
SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.
(a) Travel and Subsistence Expense.--Section 830(a) of
title 14, United States Code, is amended by striking
``specific''.
(b) Assignment of General Duties.--Section 831 of title 14,
United States Code, is amended by striking ``specific'' each
place it appears.
(c) Benefits for Injury or Death.--Section 832 of title 14,
United States Code, is amended by striking ``specific'' each
place it appears.
SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES,
TERRITORIES, AND POLITICAL SUBDIVISIONS.
(a) In General.--Section 141 of title 14, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 141. Cooperation with other agencies, States,
territories, and political subdivisions'';
(2) in the first sentence of subsection (a), by inserting
after ``personnel and facilities'' the following:
``(including members of the Auxiliary and facilities governed
under chapter 23)''; and
(3) by adding at the end of subsection (a) the following
new sentence: ``The Commandant may prescribe conditions,
including reimbursement, under which personnel and facilities
may be provided under this subsection.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of title 14, United States Code, is
amended by striking the item relating to section 141 and
inserting the following:
``141. Cooperation with other agencies, States, territories, and
political subdivisions.''.
SEC. 406. VESSEL DEEMED PUBLIC VESSEL.
Section 827 of title 14, United States Code, is amended to
read as follows:
``Sec. 827. Vessel deemed public vessel
``While assigned to authorized Coast Guard duty, any
motorboat or yacht shall be deemed to be a public vessel of
the United States and a vessel of the Coast Guard within the
meaning of sections 646 and 647 of this title and other
applicable provisions of law.''.
SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.
Section 828 of title 14, United States Code, is amended to
read as follows:
``Sec. 828. Aircraft deemed public aircraft
``While assigned to authorized Coast Guard duty, any
aircraft shall be deemed to be a Coast Guard aircraft, a
public vessel of the United States, and a vessel of the Coast
Guard within the meaning of sections 646 and 647 of this
title and other applicable provisions of law. Subject to the
provisions of sections 823a and 831 of this title, while
assigned to duty, qualified Auxiliary pilots shall be deemed
to be Coast Guard pilots.''.
SEC. 408. DISPOSAL OF CERTAIN MATERIAL.
Section 641(a) of title 14, United States Code, is
amended--
(1) by inserting after ``with or without charge,'' the
following: ``to the Coast Guard Auxiliary, including any
incorporated unit thereof,''; and
(2) by striking ``to any incorporated unit of the Coast
Guard Auxiliary,''.
TITLE V--DEEPWATER PORT MODERNIZATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Deepwater Port
Modernization Act''.
SEC. 502. DECLARATIONS OF PURPOSE AND POLICY.
(a) Purposes.--The purposes of this title are to--
(1) update and improve the Deepwater Port Act of 1974;
(2) assure that the regulation of deepwater ports is not
more burdensome or stringent than necessary in comparison to
the regulation of other modes of importing or transporting
oil;
(3) recognize that deepwater ports are generally subject to
effective competition from alternative transportation modes
and eliminate, for as long as a port remains subject to
effective competition, unnecessary Federal regulatory
oversight or involvement in the ports' business and economic
decisions; and
(4) promote innovation, flexibility, and efficiency in the
management and operation of deepwater ports by removing or
reducing any duplicative, unnecessary, or overly burdensome
Federal regulations or license provisions.
(b) Policy.--Section 2(a) of the Deepwater Port Act of 1974
(33 U.S.C. 1501(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(3) by inserting at the end the following:
``(5) promote the construction and operation of deepwater
ports as a safe and effective means of importing oil into the
United States and transporting oil from the outer continental
shelf while minimizing tanker traffic and the risks attendant
thereto; and
``(6) promote oil production on the outer continental shelf
by affording an economic and safe means of transportation of
outer continental shelf oil to the United States mainland.''.
SEC. 503. DEFINITIONS.
(a) Antitrust Laws.--Section 3 of the Deepwater Port Act of
1974 (33 U.S.C. 1502) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (19) as
paragraphs (3) through (18), respectively.
(b) Deepwater Port.--The first sentence of section 3(9) of
such Act, as redesignated by subsection (a), is amended by
striking ``such structures,'' and all that follows through
``section 23.'' and inserting the following: ``structures,
located beyond the territorial sea and off the coast of the
United States and which are used or intended for use as a
port or terminal for the transportation, storage, and further
handling of oil for transportation to any State, except as
otherwise provided in section 23, and for other uses not
inconsistent with the purposes of this title, including
transportation of oil from the United States outer
continental shelf.''.
SEC. 504. LICENSES.
(a) Elimination of Utilization Restrictions.--Section 4(a)
of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is
amended by striking all that follows the second sentence.
(b) Elimination of Precondition to Licensing.--Section 4(c)
of such Act is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(c) Conditions Prescribed by Secretary.--Section 4(e)(1) of
such Act is amended by striking the first sentence and
inserting the following: ``In issuing a license for the
ownership, construction, and operation of a deepwater port,
the Secretary shall prescribe those conditions which the
Secretary deems necessary to carry out the provisions and
requirements of this title or which are otherwise required by
any Federal
[[Page 2421]]
department or agency pursuant to the terms of this title. To
the extent practicable, conditions required to carry out the
provisions and requirements of this title shall be addressed
in license conditions rather than by regulation and, to the
extent practicable, the license shall allow a deepwater
port's operating procedures to be stated in an operations
manual, approved by the Coast Guard, in accordance with
section 10(a) of this title, rather than in detailed and
specific license conditions or regulations; except that basic
standards and conditions shall be addressed in
regulations.''.
(d) Elimination of Restriction on Transfers.--Section
4(e)(2) of such Act is amended by striking ``application''
and inserting ``license''.
(e) Findings Required for Transfers.--Section 4(f) of such
Act is amended to read as follows:
``(f) Amendments, Transfers, and Reinstatements.--The
Secretary may amend, transfer, or reinstate a license issued
under this title if the Secretary finds that the amendment,
transfer, or reinstatement is consistent with the
requirements of this Act.''.
SEC. 505. INFORMATIONAL FILINGS.
Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(c)) is amended by adding the following:
``(3) Upon written request of any person subject to this
subsection, the Secretary may make a determination in writing
to exempt such person from any of the informational filing
provisions enumerated in this subsection or the regulations
implementing this section if the Secretary determines that
such information is not necessary to facilitate the
Secretary's determinations under section 4 of this Act and
that such exemption will not limit public review and
evaluation of the deepwater port project.''.
SEC. 506. ANTITRUST REVIEW.
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C.
1506) is repealed.
SEC. 507. OPERATION.
(a) As Common Carrier.--Section 8(a) of the Deepwater Port
Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after
``subtitle IV of title 49, United States Code,'' the
following: ``and shall accept, transport, or convey without
discrimination all oil delivered to the deepwater port with
respect to which its license is issued,''.
(b) Conforming Amendment.--Section 8(b) of such Act is
amended by striking the first sentence and the first 3 words
of the second sentence and inserting the following: ``A
licensee is not discriminating under this section and''.
SEC. 508. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL
SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C.
1509(a)) is amended--
(1) by inserting after ``international law'' the following:
``and the provision of adequate opportunities for public
involvement''; and
(2) by striking ``shall prescribe by regulation and enforce
procedures with respect to any deepwater port, including, but
not limited to,'' and inserting the following: ``shall
prescribe and enforce procedures, either by regulation (for
basic standards and conditions) or by the licensee's
operations manual, with respect to''.
TITLE VI--COAST GUARD REGULATORY REFORM
SEC. 601. SHORT TITLE.
This title may be cited as the ``Coast Guard Regulatory
Reform Act of 1996''.
SEC. 602. SAFETY MANAGEMENT.
(a) Management of Vessels.--Title 46, United States Code,
is amended by adding after chapter 31 the following new
chapter:
``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter applies;
or
``(B) any other person that has--
``(i) assumed the responsibility for operation of a vessel
to which this chapter applies from the owner; and
``(ii) agreed to assume with respect to the vessel
responsibility for complying with all the requirements of
this chapter and the regulations prescribed under this
chapter.
``(3) `vessel engaged on a foreign voyage' means a vessel
to which this chapter applies--
``(A) arriving at a place under the jurisdiction of the
United States from a place in a foreign country;
``(B) making a voyage between places outside the United
States; or
``(C) departing from a place under the jurisdiction of the
United States for a place in a foreign country.
``Sec. 3202. Application
``(a) Mandatory Application.--This chapter applies to the
following vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed freight
vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a self-
propelled mobile offshore drilling unit of at least 500 gross
tons.
``(b) Voluntary Application.--This chapter applies to a
vessel not described in subsection (a) of this section if the
owner of the vessel requests the Secretary to apply this
chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of
this section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its
tributary and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In General.--The Secretary shall prescribe
regulations which establish a safety management system for
responsible persons and vessels to which this chapter
applies, including--
``(1) a safety and environmental protection policy;
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in
compliance with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on
the vessel;
``(4) procedures for reporting accidents and
nonconformities with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under
this section shall be consistent with the International
Safety Management Code with respect to vessels engaged on a
foreign voyage.
``Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person
shall establish and submit to the Secretary for approval a
safety management plan describing how that person and vessels
of the person to which this chapter applies will comply with
the regulations prescribed under section 3203(a) of this
title.
``(b) Approval.--Upon receipt of a safety management plan
submitted under subsection (a), the Secretary shall review
the plan and approve it if the Secretary determines that it
is consistent with and will assist in implementing the safety
management system established under section 3203.
``(c) Prohibition on Vessel Operation.--A vessel to which
this chapter applies under section 3202(a) may not be
operated without having on board a Safety Management
Certificate and a copy of a Document of Compliance issued for
the vessel under section 3205 of this title.
``Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After
verifying that the responsible person for a vessel to which
this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of
Compliance.
``(b) Maintenance of Certificate and Document.--A Safety
Management Certificate and a Document of Compliance issued
for a vessel under this section shall be maintained by the
responsible person for the vessel as required by the
Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section
3204(b) and each vessel to which the plan applies is
complying with the plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance
issued to the person for a vessel to which the plan applies,
if the Secretary determines that the person or a vessel to
which the plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes
(46 U.S.C. App. 91) of a vessel that is subject to this
chapter under section 3202(a) of this title or to the
International Safety Management Code, if the vessel does not
have on board a Safety Management Certificate and a copy of a
Document of Compliance for the vessel. Clearance may be
granted on filing a bond or other surety satisfactory to the
Secretary.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 46, United States Code, is
amended by inserting after the item relating to chapter 31
the following:
``32. Management of vessels.....................................3201''.
(c) Study.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall conduct, in cooperation
with the owners, charterers, and managing operators of
vessels documented under chapter 121 of title 46, United
States Code, and other interested persons, a study of the
methods that may be used to implement and enforce the
International Management Code for the Safe Operation of Ships
and for Pollution Prevention under chapter IX of the Annex to
the
[[Page 2422]]
International Convention for the Safety of Life at Sea, 1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph
(1) before the earlier of--
(A) the date that final regulations are prescribed under
section 3203 of title 46, United States Code (as enacted by
subsection (a); or
(B) the date that is 1 year after the date of enactment of
this Act.
SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND
EXAMINATIONS OF OTHER PERSONS.
(a) Reports, Documents, and Records.--Chapter 31 of title
46, United States Code, is amended by adding the following
new section:
``Sec. 3103. Use of reports, documents, and records
``The Secretary may rely, as evidence of compliance with
this subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter
31 of title 46, United States Code, is amended by adding at
the end the following:
``3103. Use of reports, documents, and records.''.
(c) Examinations.--Section 3308 of title 46, United States
Code, is amended by inserting ``or have examined'' after
``examine''.
SEC. 604. EQUIPMENT APPROVAL.
(a) In General.--Section 3306(b) of title 46, United States
Code, is amended to read as follows:
``(b)(1) Equipment and material subject to regulation under
this section may not be used on any vessel without prior
approval of the Secretary.
``(2) Except with respect to use on a public vessel, the
Secretary may treat an approval of equipment or materials by
a foreign government as approval by the Secretary for
purposes of paragraph (1) if the Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment approved
by the Secretary may be used on vessels that are documented
and subject to inspection under the laws of that country.''.
(b) Foreign Approvals.--The Secretary of Transportation, in
consultation with other interested Federal agencies, shall
work with foreign governments to have those governments
approve the use of the same equipment and materials on
vessels documented under the laws of those countries that the
Secretary requires on United States documented vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46,
United States Code, is amended by striking ``clauses (1)-
(3)'' and inserting ``paragraphs (1), (2), and (3)''.
SEC. 605. FREQUENCY OF INSPECTION.
(a) Frequency of Inspection, Generally.--Section 3307 of
title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``and nautical school vessel'' and
inserting ``, nautical school vessel, and small passenger
vessel allowed to carry more than 12 passengers on a foreign
voyage''; and
(B) by adding ``and'' after the semicolon at the end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46,
United States Code, is amended by striking ``24 months'' and
inserting ``5 years''.
SEC. 606. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended
by striking ``(but not more than 60 days)''.
SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO
CLASSIFICATION SOCIETIES.
(a) Authority to Delegate.--Section 3316 of title 46,
United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(3) by striking ``Bureau'' in subsection (a), as
redesignated, and inserting ``American Bureau of Shipping'';
and
(4) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3); and
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau
of Shipping or another classification society recognized by
the Secretary as meeting acceptable standards for such a
society, for a vessel documented or to be documented under
chapter 121 of this title, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph
(1) to a foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related services to
vessels documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--
(1) The heading for section 3316 of title 46, United States
Code, is amended to read as follows:
``Sec. 3316. Classification societies''.
(2) The table of sections for chapter 33 of title 46,
United States Code, is amended by striking the item relating
to section 3316 and inserting the following:
``3316. Classification societies.''.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.
Section 2 of the Inland Navigational Rules Act of 1980 is
amended--
(1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read
as follows:
``(i) In a narrow channel or fairway when overtaking, the
power-driven vessel intending to overtake another power-
driven vessel shall indicate her intention by sounding the
appropriate signal prescribed in Rule 34(c) and take steps to
permit safe passing. The power-driven vessel being overtaken,
if in agreement, shall sound the same signal and may, if
specifically agreed to take steps to permit safe passing. If
in doubt she shall sound the danger signal prescribed in Rule
34(d).'';
(2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
driven'' after ``Secretary, a'';
(3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after
``masthead light forward''; by striking ``except that a
vessel of less than 20 meters in length need not exhibit this
light forward of amidships but shall exhibit it as far
forward as is practicable;'';
(4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as
follows:
``(f) Provided that any number of vessels being towed
alongside or pushed in a group shall be lighted as one
vessel, except as provided in paragraph (iii)--
``(i) a vessel being pushed ahead, not being part of a
composite unit, shall exhibit at the forward end, sidelights
and a special flashing light;
``(ii) a vessel being towed alongside shall exhibit a
sternlight and at the forward end, sidelights and a special
flashing light; and
``(iii) when vessels are towed alongside on both sides of
the towing vessels a stern light shall be exhibited on the
stern of the outboard vessel on each side of the towing
vessel, and a single set of sidelights as far forward and as
far outboard as is practicable, and a single special flashing
light.'';
(5) in Rule 26 (33 U.S.C. 2026)--
(A) in each of subsections (b)(i) and (c)(i) by striking
``a vessel of less than 20 meters in length may instead of
this shape exhibit a basket;''; and
(B) by amending subsection (d) to read as follows:
``(d) The additional signals described in Annex II to these
Rules apply to a vessel engaged in fishing in close proximity
to other vessels engaged in fishing.''; and
(6) by amending Rule 34(h) (33 U.S.C. 2034) to read as
follows:
``(h) A vessel that reaches agreement with another vessel
in a head-on, crossing, or overtaking situation, as for
example, by using the radiotelephone as prescribed by the
Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33
U.S.C. 1201 et seq.), is not obliged to sound the whistle
signals prescribed by this rule, but may do so. If agreement
is not reached, then whistle signals shall be exchanged in a
timely manner and shall prevail.''.
SEC. 702. MEASUREMENT OF VESSELS.
Section 14104 of title 46, United States Code, is amended
by redesignating the existing text after the section heading
as subsection (a) and by adding at the end the following new
subsection:
``(b) If a statute allows for an alternate tonnage to be
prescribed under this section, the Secretary may prescribe it
by regulation. Any such regulation shall be considered to be
an interpretive regulation for purposes of section 553 of
title 5. Until an alternate tonnage is prescribed, the
statutorily established tonnage shall apply to vessels
measured under chapter 143 or chapter 145 of this title.
``(c) The head of each Federal agency shall ensure that
regulations issued by the agency that specify particular
tonnages comply with the alternate tonnages implemented by
the Secretary.''.
SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.
Section 3(d)(3)(B) of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended by
inserting after ``1,600 tons gross'' the following: ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as
[[Page 2423]]
prescribed by the Secretary under section 14104 of that
title''.
SEC. 704. RADIOTELEPHONE REQUIREMENTS.
Section 4(a)(2) of the Vessel Bridge-to-Bridge
Radiotelephone Act (33 U.S.C. 1203(a)(2)) is amended by
inserting after ``one hundred gross tons'' the following ``as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of that
title as prescribed by the Secretary under section 14104 of
that title,''.
SEC. 705. VESSEL OPERATING REQUIREMENTS.
Section 4(a)(3) of the Ports and Waterways Safety Act (33
U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.
SEC. 706. MERCHANT MARINE ACT, 1920.
Section 27A of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883-1), is amended by inserting after ``five hundred
gross tons'' the following: ``as measured under section 14502
of title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title,''.
SEC. 707. MERCHANT MARINE ACT, 1956.
Section 2 of the Act of June 14, 1956 (46 App. U.S.C.
883a), is amended by inserting after ``five hundred gross
tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage
measured under section 14302 of that title as prescribed by
the Secretary under section 14104 of that title''.
SEC. 708. MARITIME EDUCATION AND TRAINING.
Section 1302(4)(A) of the Merchant Marine Act, 1936 (46
U.S.C. App. 1295a(4)(a)) is amended by inserting after
``1,000 gross tons or more'' the following: ``as measured
under section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of that title
as prescribed by the Secretary under section 14104 of that
title''.
SEC. 709. GENERAL DEFINITIONS.
Section 2101 of title 46, United States Code, is amended--
(1) in paragraph (13), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section
14104 of this title'';
(2) in paragraph (13a), by inserting after ``3,500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(3) in paragraph (19), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(4) in paragraph (22), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(5) in paragraph (30)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(6) in paragraph (32), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(7) in paragraph (33), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(8) in paragraph (35), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(9) in paragraph (42), by inserting after ``100 gross
tons'' each place it appears, the following: ``as measured
under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by
the Secretary under section 14104 of this title''.
SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.
Section 2113 of title 46, United States Code, is amended--
(1) in paragraph (4), by inserting after ``at least 100
gross tons but less than 300 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''; and
(2) in paragraph (5), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 711. INSPECTION OF VESSELS.
Section 3302 of title 46, United States Code, is amended--
(1) in subsection (c)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in subsection (c)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(3) in subsection (c)(4)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(4) in subsection (d)(1), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(5) in subsection (i)(1)(A), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(6) in subsection (j), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 712. REGULATIONS.
Section 3306 of title 46, United States Code, is amended--
(1) in subsection (h), by inserting after ``at least 100
gross tons but less than 300 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''; and
(2) in subsection (i), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 713. PENALTIES--INSPECTION OF VESSELS.
Section 3318 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(2) in subsection (j)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 714. APPLICATION--TANK VESSELS.
Section 3702 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in subsection (c), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(3) in subsection (d), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.
Section 3703a of title 46, United States Code, is amended--
(1) in subsection (b)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in subsection (c)(2), by inserting after ``5,000 gross
tons'' each place it appears the following: ``as measured
under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by
the Secretary under section 14104 of this title'';
(3) in subsection (c)(3)(A), by inserting after ``15,000
gross tons'' the following: ``as measured under section 14502
of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(4) in subsection (c)(3)(B), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502
of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(5) in subsection (c)(3)(C), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502
of this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 716. TANKER MINIMUM STANDARDS.
Section 3707 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(2) in subsection (b), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an
[[Page 2424]]
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.
Section 3708 of title 46, United States Code, is amended by
inserting after ``10,000 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 718. DEFINITION--ABANDONMENT OF BARGES.
Section 4701(1) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 719. APPLICATION--LOAD LINES.
Section 5102(b) of title 46, United States Code, is
amended--
(1) in paragraph (4), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in paragraph (5), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section
14104 of this title''; and
(3) in paragraph (10), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 720. LICENSING OF INDIVIDUALS.
Section 7101(e)(3) of title 46, United States Code, is
amended by inserting after ``1,600 gross tons'' the
following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 721. ABLE SEAMEN--LIMITED.
Section 7308 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.
Section 7310 of title 46, United States Code, is amended by
inserting after ``500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.
Section 7312 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in subsection (c)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(3) in subsection (d), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(4) in subsection (f)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(5) in subsection (f)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.
Section 7313(a) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 725. COMPLEMENT OF INSPECTED VESSELS.
Section 8101(h) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 726. WATCHMEN.
Section 8102(b) of title 46, United States Code, is amended
by inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.
Section 8103(b)(3)(A) of title 46, United States Code, is
amended by inserting after ``1,600 gross tons'' the
following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 728. WATCHES.
Section 8104 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in subsection (d), by inserting after ``100 gross
tons'' and after ``5,000 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(3) in subsection (l)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(4) in subsection (m)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(5) in subsection (o)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(6) in subsection (o)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.
Section 8301 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by inserting after ``1,000 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title'';
(2) in subsection (a)(3), by inserting after ``at least 200
gross tons but less than 1,000 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title'';
(3) in subsection (a)(4), by inserting after ``at least 100
gross tons but less than 200 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title'';
(4) in subsection (a)(5), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(5) in subsection (b), by inserting after ``200 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.
Section 8304(b)(4) of title 46, United States Code, is
amended by inserting after ``200 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.
Section 8701 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 732. CERTAIN CREW REQUIREMENTS.
Section 8702 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
SEC. 733. FREIGHT VESSELS.
Section 8901 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title''.
SEC. 734. EXEMPTIONS.
Section 8905(b) of title 46, United States Code, is amended
by inserting after ``200 gross tons'' the following: ``as
measured
[[Page 2425]]
under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by
the Secretary under section 14104 of this title''.
SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.
Section 9303(a)(2) of title 46, United States Code, is
amended by inserting after ``4,000 gross tons'' the
following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.
Section 10101(4)(B) of title 46, United States Code, is
amended by inserting after ``1,600 gross tons'' the
following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.
Section 10301(a)(2) of title 46, United States Code, is
amended by inserting after ``75 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 738. APPLICATION--COASTWISE VOYAGES.
Section 10501(a) of title 46, United States Code, is
amended by inserting after ``50 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 739. FISHING AGREEMENTS.
Section 10601(a)(1) of title 46, United States Code, is
amended by inserting after ``20 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 740. ACCOMMODATIONS FOR SEAMEN.
Section 11101(a) of title 46, United States Code, is
amended by inserting after ``100 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 741. MEDICINE CHESTS.
Section 11102(a) of title 46, United States Code, is
amended by inserting after ``75 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.
Section 11301(a)(2) of title 46, United States Code, is
amended by inserting after ``100 gross tons'' the following:
``as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title''.
SEC. 743. COASTWISE ENDORSEMENTS.
Section 12106(c)(1) of title 46, United States Code, is
amended by striking ``two hundred gross tons'' and inserting
``200 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 744. FISHERY ENDORSEMENTS.
Section 12108(c)(1) of title 46, United States Code, is
amended by striking ``two hundred gross tons'' and inserting
``200 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND
DOCUMENTS.
(a) Authority To Use Convention Tonnage.--Chapter 75 of
title 46, United States Code, is amended by adding at the end
the following:
``Sec. 7506. Convention tonnage for licenses, certificates,
and documents
``Notwithstanding any provision of section 14302(c) or
14305 of this title, the Secretary may--
``(1) evaluate the service of an individual who is applying
for a license, a certificate of registry, or a merchant
mariner's document by using the tonnage as measured under
chapter 143 of this title for the vessels on which that
service was acquired, and
``(2) issue the license, certificate, or document based on
that service.''.
(b) Clerical Amendment.--The analysis to chapter 75 of
title 46, United States Code, is amended by adding a new item
as follows:
``7506. Convention tonnage for licenses, certificates, and
documents.''.
SEC. 746. TECHNICAL CORRECTIONS.
(a) Title 46, United States Code, is amended--
(1) by striking the first section 12123 in chapter 121;
(2) by striking the first item relating to section 12123 in
the table of sections for such chapter 121;
(3) by striking ``proceeding'' in section 13108(a)(1) and
inserting ``preceding''; and
(4) by striking ``Secertary'' in section 13108(a)(1) and
inserting ``Secretary''.
(b) Section 645 of title 14, United States Code, is amended
by redesignating the second subsection (d) and subsections
(e) through (h) as subsection (e) and subsections (f) through
(i), respectively.
(c) Effective September 30, 1996, the Act of November 6,
1966 (Public Law 89-777), is amended--
(1) in section 2(d) (46 U.S.C. App. 817d(d)) by striking
``Shipping Act, 1916,'' and inserting ``Shipping Act of
1984''; and
(2) in section 3(d) (46 U.S.C. App. 817e(d)) by striking
``Shipping Act, 1916,'' and inserting ``Shipping Act of
1984''.
(d) Section 672 of title 14, United States Code, is amended
by striking the section heading and inserting the following:
``Sec. 672. Long-term lease authority for navigation and
communications systems sites''.
SEC. 747. TECHNICAL CORRECTIONS TO REFERENCES TO ICC.
Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C.
883), is amended--
(1) in the third proviso--
(A) by striking ``Interstate Commerce Commission'' and
inserting ``Surface Transportation Board''; and
(B) by striking ``said Commission'' and inserting ``the
Board''; and
(2) in the fifth proviso--
(A) by striking ``Interstate Commerce Commission'' the
first place it appears and inserting ``Surface Transportation
Board''; and
(B) by striking ``Interstate Commerce Commission'' the
second place it appears and inserting ``Board''.
TITLE VIII--POLLUTION FROM SHIPS
SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.
(a) In General.--Section 6 of the Act to Prevent Pollution
From Ships (33 U.S.C. 1905) is amended--
(1) by striking ``(2) If'' in subsection (c)(2) and
inserting ``(2)(A) Subject to subparagraph (B), if''; and
(2) by adding at the end of subsection (c)(2) the
following:
``(B) The Secretary may not issue a certificate attesting
to the adequacy of reception facilities under this paragraph
unless, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the
certificate.
``(C) The Secretary may, with respect to certificates
issued under this paragraph prior to the date of enactment of
the Coast Guard Authorization Act of 1996, prescribe by
regulation differing periods of validity for such
certificates.'';
(3) by striking subsection (c)(3)(A) and inserting the
following:
``(A) is valid for the 5-year period beginning on the date
of issuance of the certificate, except that if--
``(i) the charge for operation of the port or terminal is
transferred to a person or entity other than the person or
entity that is the operator on the date of issuance of the
certificate--
``(I) the certificate shall expire on the date that is 30
days after the date of the transfer; and
``(II) the new operator shall be required to submit an
application for a certificate before a certificate may be
issued for the port or terminal; or
``(ii) the certificate is suspended or revoked by the
Secretary, the certificate shall cease to be valid; and'';
and
(4) by striking subsection (d) and inserting the following:
``(d)(1) The Secretary shall maintain a list of ports or
terminals with respect to which a certificate issued under
this section--
``(A) is in effect; or
``(B) has been revoked or suspended.
``(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.''.
(b) Reception Facility Placards.--Section 6(f) of the Act
to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 18 months after the date of
enactment of the Coast Guard Authorization Act of 1996, the
Secretary shall promulgate regulations that require the
operator of each port or terminal that is subject to any
requirement of the MARPOL Protocol relating to reception
facilities to post a placard in a location that can easily be
seen by port and terminal users. The placard shall state, at
a minimum, that a user of a reception facility of the port or
terminal should report to the Secretary any inadequacy of the
reception facility.''.
SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.
(a) Compliance Reports.--Section 2201(a) of the Marine
Plastic Pollution Research and Control Act of 1987 (33 U.S.C.
1902 note) is amended--
(1) by striking ``for a period of 6 years''; and
(2) by inserting before the period at the end the
following: ``and, not later than 1 year after the date of
enactment of the Coast Guard Authorization Act of 1996, and
annually thereafter, shall publish in the Federal Register a
list of the enforcement actions taken against any domestic or
foreign ship (including any commercial or recreational ship)
pursuant to the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.)''.
(b) Coordination.--Section 2203 of the Marine Plastic
Pollution Research and Control Act of 1987 (101 Stat. 1466)
is amended to read as follows:
``SEC. 2203. COORDINATION.
``(a) Establishment of Marine Debris Coordinating
Committee.--The Secretary of Commerce shall establish a
Marine Debris Coordinating Committee.
[[Page 2426]]
``(b) Membership.--The Committee shall include a senior
official from--
``(1) the National Oceanic and Atmospheric Administration,
who shall serve as the Chairperson of the Committee;
``(2) the Environmental Protection Agency;
``(3) the United States Coast Guard;
``(4) the United States Navy; and
``(5) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Secretary of Commerce determines appropriate.
``(c) Meetings.--The Committee shall meet at least twice a
year to provide a forum to ensure the coordination of
national and international research, monitoring, education,
and regulatory actions addressing the persistent marine
debris problem.
``(d) Monitoring.--The Secretary of Commerce, acting
through the Administrator of the National Oceanic and
Atmospheric Administration, in cooperation with the
Administrator of the Environmental Protection Agency, shall
utilize the marine debris data derived under title V of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 2801 et seq.) to assist--
``(1) the Committee in ensuring coordination of research,
monitoring, education and regulatory actions; and
``(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent Pollution
from Ships in ensuring compliance under section 2201.''.
(c) Public Outreach Program.--Section 2204(a) of the Marine
Plastic Pollution Research and Control Act of 1987 (42 U.S.C.
6981 note) is amended--
(1) by striking ``for a period of at least 3 years,'' in
paragraph (1) in the matter preceding subparagraph (A);
(2) by striking ``and'' at the end of paragraph (1)(C);
(3) by striking the period at the end of subparagraph
(1)(D) and inserting ``; and'';
(4) by adding at the end of paragraph (1) the following:
``(E) the requirements under this Act and the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with
respect to ships and ports, and the authority of citizens to
report violations of this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
(5) by striking paragraph (2) and inserting the following:
``(2) Authorized activities.--
``(A) Public outreach program.--A public outreach program
under paragraph (1) may include--
``(i) developing and implementing a voluntary boaters'
pledge program;
``(ii) workshops with interested groups;
``(iii) public service announcements;
``(iv) distribution of leaflets and posters; and
``(v) any other means appropriate to educating the public.
``(B) Grants and cooperative agreements.--To carry out this
section, the Secretary of the department in which the Coast
Guard is operating, the Secretary of Commerce, and the
Administrator of the Environmental Protection Agency are
authorized to award grants, enter into cooperative agreements
with appropriate officials of other Federal agencies and
agencies of States and political subdivisions of States and
with public and private entities, and provide other financial
assistance to eligible recipients.
``(C) Consultation.--In developing outreach initiatives for
groups that are subject to the requirements of this title and
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.), the Secretary of the department in which the Coast
Guard is operating, in consultation with the Secretary of
Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration, and the Administrator
of the Environmental Protection Agency, shall consult with--
``(i) the heads of State agencies responsible for
implementing State boating laws; and
``(ii) the heads of other enforcement agencies that
regulate boaters or commercial fishermen.''.
TITLE IX--TOWING VESSEL SAFETY
SEC. 901. REDUCTION OF OIL SPILLS FROM NON-SELF-PROPELLED
TANK VESSELS.
(a) In General.--Chapter 37 of title 46, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3719. Reduction of oil spills from single hull non-
self-propelled tank vessels
``The Secretary shall, in consultation with the Towing
Safety Advisory Committee and taking into consideration the
characteristics, methods of operation, and the size and
nature of service of single hull non-self-propelled tank
vessels and towing vessels, prescribe regulations requiring a
single hull non-self-propelled tank vessel that operates in
the open ocean or coastal waters, or the vessel towing it, to
have at least one of the following:
``(1) A crew member and an operable anchor on board the
tank vessel that together are capable of arresting the tank
vessel without additional assistance under reasonably
foreseeable sea conditions.
``(2) An emergency system on the tank vessel or towing
vessel that without additional assistance under reasonably
foreseeable sea conditions will allow the tank vessel to be
retrieved by the towing vessel if the tow line ruptures.
``(3) Any other measure or combination of measures that the
Secretary determines will provide protection against
grounding of the tank vessel comparable to that provided by
the measures described in paragraph (1) or (2).''.
(b) Deadline.--The Secretary of the department in which the
Coast Guard is operating shall issue regulations required
under section 3719 of title 46, United States Code, as added
by subsection (a), by not later than October 1, 1997.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 37 of title 46, United States Code, is
amended by adding at the end the following new item:
``3719. Reduction of oil spills from non-self-propelled tank
vessels.''.
SEC. 902. REQUIREMENT FOR FIRE SUPPRESSION DEVICES.
(a) In General.--Section 4102 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
``(f)(1) The Secretary, in consultation with the Towing
Safety Advisory Committee and taking into consideration the
characteristics, methods of operation, and nature of service
of towing vessels, may require the installation, maintenance,
and use of a fire suppression system or other measures to
provide adequate assurance that fires on board towing vessels
can be suppressed under reasonably foreseeable circumstances.
``(2) The Secretary shall require under paragraph (1) the
use of a fire suppression system or other measures to provide
adequate assurance that a fire on board a towing vessel that
is towing a non-self-propelled tank vessel can be suppressed
under reasonably foreseeable circumstances.''.
(b) Regulations.--The Secretary of the department in which
the Coast Guard is operating shall issue regulations
establishing the requirement described in subsection (f)(2)
of section 4102 of title 46, United States Code, as added by
this section, by not later than October 1, 1997.
SEC. 903. STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL
RISK.
(a) Study of Group-5 Fuel Oil Spills.--
(1) Definition.--In this subsection, the term ``group-5
fuel oil'' means a petroleum-based oil that has a specific
gravity of greater than 1.0.
(2) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National
Research Council to conduct a study of the relative
environmental and public health risks posed by discharges of
group-5 fuel oil.
(3) Matters to be included.--The study under this
subsection shall include a review and analysis of--
(A) the specific risks posed to the public health or
welfare of the United States, including fish, shellfish and
wildlife, public and private property, shorelines, beaches,
habitat, and other natural resources under the jurisdiction
or control of the United States, as a result of an actual or
threatened discharge of group-5 fuel oil from a vessel or
facility;
(B) cleanup technologies currently available to address
actual or threatened discharge of group-5 fuel oil; and
(C) any technological and financial barriers that prevent
the prompt remediation of discharges of group-5 fuel oil.
(4) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Environment and Public Works and
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the results of the study under this subsection.
(5) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study under this
subsection, that there are significant risks to public health
or the environment resulting from the actual or threatened
discharge of group-5 fuel oil from a vessel or facility that
cannot be technologically or economically addressed by
existing or anticipated cleanup efforts, the Secretary may
initiate a rulemaking to take such action as is necessary to
abate the threat.
(b) Study of Automatic Fueling Shutoff Equipment.--
(1) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National
Research Council to conduct a study of the unintentional or
accidental discharge of fuel oil during lightering or fuel
loading or off-loading activity.
(2) Matters to be included.--The study under this
subsection shall include a review and analysis of current
monitoring and fueling practices to determine the need for
automatic fuel shutoff equipment to prevent the accidental
discharge of fuel oil, and whether such equipment is needed
as a supplement to or replacement of existing preventive
equipment or procedures.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Environment and Public Works and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of
the study under this subsection.
(4) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study conducted under
this subsection, that the use of automatic oil shutoff
equipment is necessary to prevent the actual or threatened
discharge of oil during lightering or fuel loading or off
loading activity, the Secretary may initiate a rulemaking to
take such action as is necessary to abate a threat to public
health or the environment.
[[Page 2427]]
(c) Lightering Study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National
Research Council on a study into the actual incidence and
risk of oil spills from lightering operations off the coast
of the United States. Among other things, the study shall
address the manner in which existing regulations are serving
to reduce oil spill risks. The study shall take into account
current or proposed international rules and standards and
also include recommendations on measures that would be likely
to further reduce the risks of oil spills from lightering
operations. Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit a report on
the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
TITLE X--CONVEYANCES
SEC. 1001. CONVEYANCE OF LIGHTHOUSES.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation or the
Secretary of the Interior, as appropriate, shall convey, by
an appropriate means of conveyance, all right, title, and
interest of the United States in and to each of the following
properties:
(A) Cape Ann Lighthouse, located on Thachers Island,
Massachusetts, to the town of Rockport, Massachusetts.
(B) Light Station Montauk Point, located at Montauk, New
York, to the Montauk Historical Association in Montauk, New
York.
(C) Squirrel Point Light, located in Arrowsic, Maine, to
Squirrel Point Associates, Incorporated.
(D) Point Arena Light Station, located in Mendocino County,
California, to the Point Arena Lighthouse Keepers,
Incorporated.
(E) Saint Helena Island Light Station, located in MacKinac
County, Moran Township, Michigan, to the Great Lakes
Lighthouse Keepers Association.
(F) Presque Isle Light Station, located in Presque Isle
Township, Michigan, to Presque Isle Township, Presque Isle
County, Michigan.
(G) Cove Point Lighthouse, located in Calvert County,
Maryland, to Calvert County, Maryland.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this subsection.
(3) Exception.--The Secretary may not convey any historical
artifact, including any lens or lantern, located on the
property at or before the time of the conveyance.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by this section and
other terms and conditions the Secretary may consider
appropriate.
(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property under this subsection shall be subject to the
condition that all right, title, and interest in the property
shall immediately revert to the United States if--
(A) the property, or any part of the property--
(i) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(ii) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(iii) ceases to be maintained in a manner consistent with
the provisions of the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion, the Secretary
of Transportation provides written notice to the owner that
the property is needed for national security purposes.
(3) Maintenance of navigation functions.--A conveyance of
property under this section shall be made subject to the
conditions that the Secretary of Transportation considers to
be necessary to assure that--
(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated lighthouse equipment
located on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States for as long as they are needed for this
purpose;
(B) the owner of the property may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to the property as may be necessary for navigational
purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
and across the property for the purpose of maintaining the
aids to navigation in use on the property.
(4) Obligation limitation.--The owner of property conveyed
under this section is not required to maintain any active aid
to navigation equipment on the property.
(5) Property to be maintained in accordance with certain
laws.--The owner of property conveyed under this section
shall maintain the property in accordance with the National
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and
other applicable laws.
(c) Maintenance Standard.--The owner of any property
conveyed under this section, at its own cost and expense,
shall maintain the property in a proper, substantial, and
workmanlike manner.
(d) Definitions.--For purposes of this section:
(1) The term ``Montauk Light Station'' includes the
keeper's dwellings, adjacent Coast Guard rights-of-way, the
World War II submarine spotting tower, the lighthouse tower,
and the paint locker.
(2) The term ``owner'' means the person identified in
subsection (a)(1)(A) through (G), and includes any successor
of assign of that person.
(3) The term ``Point Arena Light Station'' includes the
light tower building, fog signal building, 2 small shelters,
4 residential quarters, and a restroom facility.
(4) The term ``Squirrel Point Light'' includes the light
tower, dwelling, boat house, oil house, barn, any other
ancillary buildings, and any other land as may be necessary
for the owner to operate a nonprofit center for public
benefit.
(5) The term ``Presque Isle Light Station'' includes the
light tower, attached dwelling, detached dwelling, 3-car
garage, and any other improvements on that parcel of land.
SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN
MAINE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation (in this
section referred to as the ``Secretary'') shall convey to an
entity recommended by the Island Institute, Rockland, Maine
(in this section referred to as the ``Institute''), and
approved by the Selection Committee established in subsection
(d)(3)(A), by an appropriate means of conveyance, all right,
title, and interest of the United States in and to any of the
facilities and real property and improvements described in
paragraph (2).
(2) Identification of properties.--Paragraph (1) applies to
lighthouses, together with any real property and other
improvements associated therewith, located in the State of
Maine as follows:
(A) Burnt Island Light.
(B) Rockland Harbor Breakwater Light.
(C) Monhegan Island Light.
(D) Eagle Island Light.
(E) Curtis Island Light.
(F) Moose Peak Light.
(G) Great Duck Island Light.
(H) Goose Rocks Light.
(I) Isle au Haut Light.
(J) Goat Island Light.
(K) Wood Island Light.
(L) Doubling Point Light.
(M) Doubling Point Front Range Light.
(N) Doubling Point Rear Range Light.
(O) Little River Light.
(P) Spring Point Ledge Light.
(Q) Ram Island Light (Boothbay).
(R) Seguin Island Light.
(S) Marshall Point Light.
(T) Fort Point Light.
(U) West Quoddy Head Light.
(V) Brown's Head Light.
(W) Cape Neddick Light.
(X) Halfway Rock Light.
(Y) Ram Island Ledge Light.
(Z) Mount Desert Rock Light.
(AA) Whitlock's Mill Light.
(BB) Nash Island Light.
(CC) Manana Island Fog Signal Station.
(DD) Franklin Island Light.
(3) Deadline for conveyance.--(A) The conveyances
authorized by this subsection shall take place not later than
2 years after the date of the enactment of this Act.
(B) During the period described in subparagraph (A), the
Secretary may not transfer or convey any right, title, or
interest in the properties listed in paragraph (2) in any
manner that is inconsistent with this section, nor shall the
Secretary transfer these properties to the General Services
Administration for disposal, unless the Selection Committee
notifies the Secretary that an eligible entity referred to in
subsection (d)(2) will not be identified during that period.
(C) During the period described in subparagraph (A), no
other provision of law concerning the disposal of Federal
property that is inconsistent in any manner with the
provisions of this section shall apply to the properties
listed in paragraph (2).
(4) Additional conveyances.--The Secretary may transfer, in
accordance with the terms and conditions of subsection (b),
the following lighthouses, together with any real property
and improvements associated therewith--
(A) directly to the United States Fish and Wildlife
Service:
(i) Two Bush Island Light.
(ii) Egg Rock Light.
(iii) Libby Island Light.
(iv) Matinicus Rock Light.
(B) to the Institute, with the concurrence of the Maine
Lighthouse Selection Committee:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Island) Light.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to
this section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by this section and
other terms and conditions the Secretary may consider
appropriate.
(2) Maintenance of navigation function.--The conveyance of
property pursuant to this section shall be made subject to
the conditions that the Secretary considers necessary to
assure that--
[[Page 2428]]
(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated lighthouse equipment
located on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States;
(B) the Institute, the United States Fish and Wildlife
Service, and an entity to which property is conveyed under
this section may not interfere or allow interference in any
manner with aids to navigation without express written
permission from the Secretary;
(C) there is reserved to the United States the right to
relocate, replace, or add any aid to navigation or make any
changes to property conveyed under this section as may be
necessary for navigational purposes;
(D) the United States shall have the right, at any time, to
enter property conveyed under this section without notice for
the purpose of maintaining aids to navigation; and
(E) the United States shall have an easement of access to
and across property conveyed under this section for the
purpose of maintaining the aids to navigation in use on the
property.
(3) Obligation limitation.--The Institute, or any entity to
which a lighthouse is conveyed under subsection (d), is not
required to maintain any active aid to navigation equipment
on a property conveyed under this section.
(4) Reversionary interest.--In addition to any term or
condition established pursuant to this section, the
conveyance of property pursuant to this section shall be
subject to the condition that all right, title, and interest
in such property shall immediately revert to the United
States if--
(A) such property or any part of such property ceases to be
used for educational, historic, recreational, cultural, and
wildlife conservation programs for the general public and for
such other uses as the Secretary determines to be not
inconsistent or incompatible with such uses;
(B) such property or any part of such property ceases to be
maintained in a manner that ensures its present or future use
as a Coast Guard aid to navigation; or
(C) such property or any part of such property ceases to be
maintained in a manner consistent with the provisions of the
National Historic Preservation Act of 1966 (16 U.S.C. 470 et
seq.).
(c) Inspection.--The State Historic Preservation Officer of
the State of Maine may at any time inspect any lighthouse,
and any real property and improvements associated therewith,
that is conveyed under this section to an entity that is not
a Federal agency, without notice, for purposes of ensuring
that the lighthouse is being maintained in the manner
required under subsection (b). The Institute, and conveyees
under subsection (d) that are not Federal agencies, shall
cooperate with the official referred to in the preceding
sentence in the inspections of that official under this
subsection.
(d) Conveyance of Lighthouses.--
(1) Requirement.--The Secretary shall convey, without
consideration, all right, title, and interest of the United
States in and to the lighthouses identified in subsection
(a)(2), together with any real property and improvements
associated therewith, to one or more entities identified
under paragraph (2) and approved by the committee established
under paragraph (3) in accordance with the provisions of such
paragraph (3).
(2) Identification of eligible entities.--
(A) In general.--Subject to subparagraph (B), the Institute
shall identify entities eligible for the conveyance of a
lighthouse under this subsection. Such entities shall include
any department or agency of the Federal Government, any
department or agency of the government of the State of Maine,
any local government in that State, or any nonprofit
corporation, educational agency, or community development
organization that--
(i) is financially able to maintain the lighthouse (and any
real property and improvements conveyed therewith) in
accordance with the conditions set forth in subsection (b);
(ii) has agreed to permit the inspections referred to in
subsection (c); and
(iii) has agreed to comply with the conditions set forth in
subsection (b); and to have such conditions recorded with the
deed of title to the lighthouse and any real property and
improvements that may be conveyed therewith.
(B) Order of priority.--In identifying entities eligible
for the conveyance of a lighthouse under this paragraph, the
Institute shall give priority to entities in the following
order, which are also the exclusive entities eligible for the
conveyance of a lighthouse under this section:
(i) Agencies of the Federal Government.
(ii) Entities of the government of the State of Maine.
(iii) Entities of local governments in the State of Maine.
(iv) Nonprofit corporations, educational agencies, and
community development organizations.
(3) Selection of conveyees among eligible entities.--
(A) Committee.--
(i) In general.--There is hereby established a committee to
be known as the Maine Lighthouse Selection Committee (in this
paragraph referred to as the ``Committee'').
(ii) Membership.--The Committee shall consist of five
members appointed by the Secretary, in consultation with the
Advisory Council on Historic Preservation, as follows:
(I) One member, who shall serve as the Chairman of the
Committee, shall be appointed from among individuals
recommended by the Governor of the State of Maine.
(II) One member shall be the State Historic Preservation
Officer of the State of Maine, with the consent of that
official, or a designee of that official.
(III) One member shall be appointed from among individuals
recommended by State and local organizations in the State of
Maine that are concerned with lighthouse preservation or
maritime heritage matters.
(IV) One member shall be appointed from among individuals
recommended by officials of local governments of the
municipalities in which the lighthouses are located.
(V) One member shall be appointed from among individuals
recommended by the Secretary of the Interior.
(iii) Appointment deadline.--The Secretary shall appoint
the members of the Committee not later than 90 days after the
date of the enactment of this Act.
(iv) Membership term.--
(I) Members of the Committee shall serve for such terms not
longer than 2 years as the Secretary shall provide. The
Secretary may stagger the terms of initial members of the
Committee in order to ensure continuous activity by the
Committee.
(II) Any member of the Committee may serve after the
expiration of the term of the member until a successor to the
member is appointed. A vacancy in the Committee shall be
filled in the same manner in which the original appointment
was made.
(v) Voting.--The Committee shall act by an affirmative vote
of a majority of the members of the Committee.
(B) Responsibilities.--
(i) In general.--The Committee shall--
(I) review the entities identified by the Institute under
paragraph (2) as entities eligible for the conveyance of a
lighthouse; and
(II) approve one such entity, or disapprove all such
entities, as entities to which the Secretary may make the
conveyance of the lighthouse under this subsection.
(ii) Approval.--If the Committee approves an entity for the
conveyance of a lighthouse, the Committee shall notify the
Institute of such approval. The Institute shall forward such
recommendations to the Secretary.
(iii) Disapproval.--If the Committee disapproves of the
entities, the Committee shall notify the Institute and the
Institute shall identify other entities eligible for the
conveyance of the lighthouse under paragraph (2). The
Committee shall review and approve or disapprove entities
identified pursuant to the preceding sentence in accordance
with this subparagraph and the criteria set forth in
subsection (b).
(C) Exemption from faca.--The Federal Advisory Committee
Act (5 App. U.S.C.) shall not apply to the Committee,
however, all meetings of the Committee shall be open to the
public and preceded by appropriate public notice.
(D) Termination.--The Committee shall terminate 2 years
from the date of the enactment of this Act.
(E) Funding.--Nothing in this section shall imply a
commitment or obligation of any department or agency of the
Federal Government to fund the expenses of the Committee.
(4) Conveyance.--Upon notification under paragraph
(3)(B)(ii) of the approval of an identified entity for
conveyance of a lighthouse under this subsection, the
Secretary shall, with the consent of the entity, convey the
lighthouse to the entity.
(5) Responsibilities of conveyees.--Each entity to which
the Secretary conveys a lighthouse under this subsection, or
any successor or assign of such entity in perpetuity, shall--
(A) use and maintain the lighthouse in accordance with
subsection (b) and have such terms and conditions recorded
with the deed of title to the lighthouse and any real
property conveyed therewith; and
(B) permit the inspections referred to in subsection (c).
(e) Description of Property.--The legal description of any
lighthouse, and any real property and improvements associated
therewith, conveyed under subsection (a) shall be determined
by the Secretary. The Secretary shall retain all right,
title, and interest of the United States in and to any
historical artifact, including any lens or lantern, that is
associated with the lighthouses conveyed under this
subsection, whether located at the lighthouse or elsewhere.
The Secretary shall identify any equipment, system, or object
covered by this paragraph.
SEC. 1003. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD,
MASSACHUSETTS.
(a) Conveyance Requirement.--The Secretary of
Transportation may convey to the town of Gosnold,
Massachusetts, without reimbursement and by no later than 120
days after the date of enactment of this Act, all right,
title, and interest of the United States in and to the
property known as the ``United States Coast Guard Cuttyhunk
Boathouse and Wharf'', as described in subsection (c).
(b) Conditions.--Any conveyance of property under
subsection (a) shall be subject to the condition that the
Coast Guard shall retain in perpetuity and at no cost--
(1) the right of access to, over, and through the
boathouse, wharf, and land comprising the property at all
times for the purpose of berthing vessels, including vessels
belonging to members of the Coast Guard Auxiliary; and
(2) the right of ingress to and egress from the property
for purposes of access to Coast Guard facilities and
performance of Coast Guard functions.
[[Page 2429]]
(c) Property Described.--The property referred to in
subsection (a) is real property located in the town of
Gosnold, Massachusetts (including all buildings, structures,
equipment, and other improvements), as determined by the
Secretary of Transportation.
SEC. 1004. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.
(a) Authority To Convey.--The Secretary of Transportation
or the Administrator of General Services, as appropriate,
shall convey to the Ketchikan Indian Corporation in
Ketchikan, Alaska, without reimbursement and by no later than
120 days after the date of enactment of this Act, all right,
title, and interest of the United States in and to the
property known as the ``Former Marine Safety Detachment'' as
identified in Report of Excess Number CG-689 (GSA Control
Number 9-U-AK-0747) and described in subsection (b), for use
as a health or social services facility.
(b) Identification of Property.--The Secretary or the
Administrator, as appropriate, shall identify, describe, and
determine the property to be conveyed pursuant to this
section.
(c) Reversionary Interest.--(1) The conveyance of property
described in subsection (b) shall be subject to the
conditions that--
(A) the existing buildings on such property shall be
demolished and removed by not later than July 3, 1997; and
(B) such property, and all right, title and interest in
such property, shall transfer to the City of Ketchikan if,
within 24 months of the date of enactment of this Act, the
Ketchikan Indian Corporation has not completed design and
construction plans for a health and social services facility
(including local permitting requirements, but not financing
plans) and received approval from the City of Ketchikan for
such plans or the written consent of the City to exceed this
period.
(2) If the property described in subsection (b) is
transferred to the City of Ketchikan under subsection (c),
the transfer shall be subject to the condition that all
right, title, and interest in and to the property shall
immediately revert to the United States if the property
ceases to be used by the City of Ketchikan in a health-
related or hospital-related capacity.
SEC. 1005. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.
(a) Authority To Convey.--The Secretary of Transportation
(or any other official having control over the property
described in subsection (b)) shall expeditiously convey to
the Traverse City Area Public School District in Traverse
City, Michigan, without consideration, all right, title, and
interest of the United States in and to the property
identified, described, and determined by the Secretary under
subsection (b), subject to all easements and other interests
in the property held by any other person.
(b) Identification of Property.--The Secretary shall
identify, describe, and determine the property to be conveyed
pursuant to this section.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a) or (d), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Traverse City Area Public School
District.
(d) Terms of Conveyance.--The conveyance of property under
this section shall be subject to such conditions as the
Secretary considers to be necessary to assure that--
(1) the pump room located on the property shall continue to
be operated and maintained by the United States for as long
as it is needed for this purpose;
(2) the United States shall have an easement of access to
the property for the purpose of operating and maintaining the
pump room; and
(3) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
operating and maintaining the pump room.
SEC. 1006. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM,
RHODE ISLAND.
(a) Requirement.--The Secretary of Transportation (or any
other official having control over the property described in
subsection (b)) may convey to the town of New Shoreham, Rhode
Island, without consideration, all right, title, and interest
of the United States in and to the property known as the
United States Coast Guard Station Block Island, as described
in subsection (b), subject to all easements and other
interest in the property held by any other person.
(b) Property Described.--The property referred to in
subsection (a) is real property (including buildings and
improvements) located on the west side of Block Island, Rhode
Island, at the entrance to the Great Salt Pond and referred
to in the books of the Tax Assessor of the town of New
Shoreham, Rhode Island, as lots 10 and 12, comprising
approximately 10.7 acres.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a), any
conveyance of property under subsection (a) shall be subject
to the condition that all right, title, and interest in and
to the property so conveyed shall immediately revert to the
United States if the property, or any part thereof, ceases to
be used by the town of New Shoreham, Rhode Island.
SEC. 1007. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary'') may convey to the
Santa Cruz Port District by an appropriate means of
conveyance, all right, title, and interest of the United
States in and to the property described in paragraph (2).
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this section.
(b) Consideration.--Any conveyance of property pursuant to
this section shall be made without payment of consideration.
(c) Condition.--The conveyance provided for in subsection
(a) may be made contingent upon agreement by the Port
District that--
(1) the utility systems, building spaces, and facilities or
any alternate, suitable facilities and buildings on the
harbor premises would be available for joint use by the Port
District and the Coast Guard when deemed necessary by the
Coast Guard; and
(2) the Port District would be responsible for paying the
cost of maintaining, operating, and replacing (as necessary)
the utility systems and any buildings and facilities located
on the property as described in subsection (a) or on any
alternate, suitable property on the harbor premises set aside
for use by the Coast Guard.
(d) Reversionary Interest.--Any conveyance of property
pursuant to this section shall be subject to the condition
that all right, title, and interest in Subunit Santa Cruz
shall immediately revert to the United States--
(1) if Subunit Santa Cruz ceases to be maintained as a
nonprofit center for education, training, administration, and
other public service to include use by the Coast Guard; or
(2) at the end of the thirty day period beginning on any
date on which the Secretary provides written notice to the
Santa Cruz Port District that Subunit Santa Cruz is needed
for national security purposes.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(f) Definitions.--For purposes of this section--
(1) ``Subunit Santa Cruz'' means the Coast Guard property
and improvements located at Santa Cruz, California;
(2) ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating; and
(3) ``Port District'' means the Santa Cruz Port District,
or any successor or assign.
SEC. 1008. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.
(a) In General.--Notwithstanding any other law, the
Secretary of Transportation (referred to in this section as
the ``Secretary'') may convey the right, title, and interest
of the United States Government in and to the vessel S/S RED
OAK VICTORY (Victory Ship VCS-AP2; United States Navy Hull
No. AK235) to the City of Richmond Museum Association, Inc.,
located in Richmond, California (in this section referred to
as ``the recipient''), if--
(1) the recipient agrees to use the vessel for the purposes
of a monument to the wartime accomplishments of the City of
Richmond;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to
the Government if the Secretary requires use of the vessel by
the Government for war or a national emergency;
(4) the recipient agrees to hold the Government harmless
for any claims arising from exposure to hazardous materials,
including asbestos and PCB's, after conveyance of the vessel,
except for claims arising from use by the Government under
paragraph (3);
(5) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000; and
(6) the recipient agrees to any other conditions the
Secretary considers appropriate.
(b) Delivery of Vessel.--If a conveyance is made under this
section, the Secretary shall deliver the vessel at the place
where the vessel is located on the date of enactment of this
Act, in its present condition, without cost to the
Government.
(c) Other Unneeded Equipment.--The Secretary may convey to
the recipient any unneeded equipment from other vessels in
the National Defense Reserve Fleet for use to restore the S/S
RED OAK VICTORY to museum quality.
(d) Retention of Vessel in NDRF.--The Secretary shall
retain in the National Defense Reserve Fleet the vessel
authorized to be conveyed under subsection (a), until the
earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of conveyance of the vessel under subsection
(a).
SEC. 1009. CONVEYANCE OF EQUIPMENT.
The Secretary of Transportation may convey any unneeded
equipment from other vessels in the National Defense Reserve
Fleet to the JOHN W. BROWN and other qualified United States
memorial ships in order to maintain their operating
condition.
SEC. 1010. PROPERTY EXCHANGE.
(a) Property Acquisition.--The Secretary may, by means of
an exchange of property, acceptance as a gift, or other means
that does not require the use of appropriated funds, acquire
all right, title, and interest in and to a parcel or parcels
of real property
[[Page 2430]]
and any improvements thereto located within the limits of the
City and Borough of Juneau, Alaska.
(b) Acquisition Through Exchange.--For the purposes of
acquiring property under subsection (a) by means of an
exchange, the Secretary may convey all right, title, and
interest of the United States in and to a parcel or parcels
of real property and any improvements thereto located within
the limits of the City and Borough of Juneau, Alaska and in
the control of the Coast Guard if the Secretary determines
that the exchange is in the best interest of the Coast Guard.
(c) Terms and Conditions.--The Secretary may require such
terms and conditions under this section as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1011. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION
LAND.
(a) Authority To Convey.--
(1) In general.--Except as otherwise provided in this
section, the Secretary of the Interior (in this section
referred to as the ``Secretary'') may convey, by an
appropriate means of conveyance, all right, title, and
interest of the United States in 1 of the 3 parcels
comprising the land on which the United States Coast Guard
Whitefish Point Light Station is situated (in this section
referred to as the ``Property''), to each of the Great Lakes
Shipwreck Historical Society, located in Sault Ste. Marie,
Michigan, the United States Fish and Wildlife Service, and
the Michigan Audubon Society (each of which is referred to in
this section as a ``recipient''), subject to all easements,
conditions, reservations, exceptions, and restrictions
contained in prior conveyances of record.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary shall retain for the United States all right,
title, and interest in--
(A) any historical artifact, including any lens or lantern,
and
(B) the light, antennas, sound signal, towers, associated
lighthouse equipment, and any electronic navigation
equipment, which are active aids to navigation,
which is located on the Property, or which relates to the
Property.
(3) Identification of the property.--The Secretary may
identify, describe, and determine the parcels to be conveyed
pursuant to this section.
(4) Rights of access.--If necessary to ensure access to a
public roadway for a parcel conveyed under this section, the
Secretary shall convey with the parcel an appropriate
appurtenant easement over another parcel conveyed under this
section.
(5) Easement for public along shoreline.--In each
conveyance under this section of property located on the
shoreline of Lake Superior, the Secretary shall retain for
the public, for public walkway purposes, a right-of-way along
the shoreline that extends 30 feet inland from the mean high
water line.
(b) Terms and Conditions.--
(1) In general.--Any conveyance pursuant to subsection (a)
shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as the Secretary
considers appropriate.
(2) Maintenance of navigation functions.--The Secretary
shall ensure that any conveyance pursuant to this section is
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, towers, and
associated lighthouse equipment, and any electronic
navigation equipment, which are located on the Property and
which are active aids to navigation shall continue to be
operated and maintained by the United States for as long as
they are needed for this purpose;
(B) the recipients may not interfere or allow interference
in any manner with such aids to navigation without express
written permission from the United States;
(C) there is reserved to the United States the right to
relocate, replace, or add any aids to navigation, or make any
changes on any portion of the Property as may be necessary
for navigation purposes;
(D) the United States shall have the right, at any time, to
enter the Property without notice for the purpose of
maintaining aids to navigation;
(E) the United States shall have--
(i) an easement of access to and across the Property for
the purpose of maintaining the aids to navigation and
associated equipment in use on the Property; and
(ii) an easement for an arc of visibility; and
(F) the United States shall not be responsible for the cost
and expense of maintenance, repair, and upkeep of the
Property.
(3) Maintenance obligation.--The recipients shall not have
any obligation to maintain any active aid to navigation
equipment on any parcel conveyed pursuant to this section.
(c) Property To Be Maintained in Accordance With Certain
Laws.--Each recipient shall maintain the parcel conveyed to
the recipient pursuant to subsection (a) in accordance with
the provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.), and other applicable laws.
(d) Maintenance Standard.--Each recipient shall maintain
the parcel conveyed to the recipient pursuant to subsection
(a), at its own cost and expense, in a proper, substantial,
and workmanlike manner, including the easements of access,
the easement for an arc of visibility, the nuisance easement,
and the underground easement.
(e) Shared Use and Occupancy Agreement.--The Secretary
shall require, as a condition of each conveyance of property
under this section, that all of the recipients have entered
into the same agreement governing the shared use and
occupancy of the existing Whitefish Point Light Station
facilities. The agreement shall be drafted by the recipients
and shall include--
(1) terms governing building occupancy and access of
recipient staff and public visitors to public restrooms, the
auditorium, and the parking lot; and
(2) terms requiring that each recipient shall be
responsible for paying a pro rata share of the costs of
operating and maintaining the existing Whitefish Point Light
Station facilities, that is based on the level of use and
occupancy of the facilities by the recipient.
(f) Limitations on Development and Impairing Uses.--It
shall be a term of each conveyance under this section that--
(1) no development of new facilities or expansion of
existing facilities or infrastructure on property conveyed
under this section may occur, except for purposes of
implementing the Whitefish Point Comprehensive Plan of
October 1992 or for a gift shop, unless--
(A) each of the recipients consents to the development or
expansion in writing;
(B) there has been a reasonable opportunity for public
comment on the development or expansion, and full
consideration has been given to such public comment as is
provided; and
(C) the development or expansion is consistent with
preservation of the Property in its predominantly natural,
scenic, historic, and forested condition; and
(2) any use of the Property or any structure located on the
property which may impair or interfere with the conservation
values of the Property is expressly prohibited.
(g) Revisionary Interest.--
(1) In general.--All right, title, and interests in and to
property and interests conveyed under this section shall
revert to the United States and thereafter be administered by
the Secretary of Interior acting through the Director of the
United States Fish and Wildlife Service, if--
(A) in the case of such property and interests conveyed to
the Great Lakes Shipwreck Historical Society, the property or
interests cease to be used for the purpose of historical
interpretation;
(B) in the case of such property and interests conveyed to
the Michigan Audubon Society, the property or interests cease
to be used for the purpose of environmental protection,
research, and interpretation; or
(C) in the case any property and interests conveyed to a
recipient referred to in subparagraph (A) or (B)--
(i) there is any violation of any term or condition of the
conveyance to that recipient; or
(ii) the recipient has ceased to exist.
(2) Authority to enforce reversionary interest.--The
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, shall have the
authority--
(A) to determine for the United States Government whether
any act or omission of a recipient results in a reversion of
property and interests under paragraph (1); and
(B) to initiate a civil action to enforce that reversion,
after notifying the recipient of the intent of the Secretary
of the Interior to initiate that action.
(3) Maintenance of navigation functions.--In the event of a
reversion of property under this subsection, the Secretary of
the Interior shall administer the property subject to any
conditions the Secretary of Transportation considers to be
necessary to maintain the navigation functions.
SEC. 1012. CONVEYANCE OF PARRAMORE BEACH COAST GUARD STATION,
VIRGINIA.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall convey to the Nature
Conservancy (a nonprofit corporation established under the
laws of the District of Columbia and holder of ownership
interest in Parramore Island, Virginia), by not later than 30
days after the date of the enactment of this Act and without
consideration, all right, title, and interest of the United
States in and to all real property comprising the Parramore
Beach Coast Guard Station, located on Parramore's Island near
the town of Wachapreague in Accomack County, Virginia.
(b) Completion of Environmental Reviews, Assessments, and
Cleanup.--
(1) Authority to convey before completion.--Notwithstanding
any other provision of law that would require completion of
an environmental review, assessment, or cleanup with respect
to the Parramore Beach Coast Guard Station before the
conveyance under subsection (a), the Secretary may make that
conveyance before the completion of that review, assessment,
or cleanup, as applicable.
(2) Time for completion.--Any environmental review,
assessment, or cleanup with respect to the Parramore Beach
Coast Guard Station shall be completed by as soon as
practicable after the date of the enactment of this Act.
SEC. 1013. CONVEYANCE OF JEREMIAH O'BRIEN.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of Transportation (in this section
referred to as the ``Secretary'') may convey, subject to the
conditions set forth in subsection (b), the right, title, and
interest of the United States Government in the vessel
JEREMIAH O'BRIEN (United States official number
[[Page 2431]]
243622; in this section referred to as the ``Vessel''), to a
nonprofit corporation (in this section referred to as the
``Recipient'') for use as a merchant marine memorial museum,
if on the date of enactment of this Act the Recipient has at
least 10 consecutive years experience in restoring and
operating a Liberty Ship as a merchant marine memorial
museum.
(b) Conditions.--The conveyance of the Vessel under
subsection (a) shall be subject to the following conditions:
(1) The Recipient agrees--
(A) to use the Vessel as a nonprofit merchant marine
memorial museum;
(B) not to use the Vessel for commercial transportation
purposes;
(C) to make the Vessel available to the Government without
cost if and when the Secretary requires use of the Vessel by
the Government;
(D) in the event the Recipient no longer requires the
Vessel for use as a merchant marine memorial museum, to--
(i) reconvey, at the discretion of the Secretary, the
Vessel to the Government in as good condition as when it was
received from the Government, except for ordinary wear and
tear; and
(ii) deliver the Vessel to the Government at the place
where the Vessel was delivered to the Recipient;
(E) to hold the Government harmless for any claims founded
on occurrences after conveyance of the Vessel, except for
claims against the Government arising from use by the
Government under subparagraphs (C) and (D) of this paragraph,
which claims shall include any claims resulting from exposure
to asbestos and other substances; and
(F) to any other conditions the Secretary considers
appropriate.
(2) If a conveyance is made under this section, the
Secretary shall deliver the Vessel to the Recipient at the
place where the Vessel is located on the date of enactment of
this Act, in its present condition, without cost to the
Government.
(c) Conveyance of Equipment and Material.--The Secretary
may convey to the Recipient any unneeded equipment and
material from other vessels at any time in the National
Defense Reserve Fleet in order to assist in placing and
maintaining the Vessel in operating condition.
(d) Expiration of Authority.--The authority of the
Secretary to convey the Vessel under this section shall
expire 2 years after the date of enactment of this Act.
TITLE XI--MISCELLANEOUS
SEC. 1101. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue Bridge
(located approximately 1.63 miles east of the Mississippi
River on the Gulf Intracoastal Waterway in Orleans Parish,
Louisiana) ordered by the Secretary of Transportation under
the Act of June 21, 1940 (33 U.S.C. 511 et seq.), the
Secretary shall treat the drainage siphon that is adjacent to
the bridge as an appurtenance of the bridge, including with
respect to apportionment and payment of costs for the removal
of the drainage siphon in accordance with that Act.
SEC. 1102. OIL SPILL RECOVERY INSTITUTE.
(a) Advisory Board and Executive Committee.--Section 5001
of the Oil Pollution Act of 1990 (33 U.S.C. 2731) is
amended--
(1) by striking ``to be administered by the Secretary of
Commerce'' in subsection (a);
(2) by striking ``and located'' in subsection (a) and
inserting ``located'';
(3) by striking ``the EXXON VALDEZ oil spill'' each place
it appears in subsection (b)(2) and inserting ``Arctic or
Subarctic oil spills'';
(4) by striking ``18'' in subsection (c)(1) and inserting
``16'';
(5) by striking ``, Natural Resources, and Commerce and
Economic Development'' in subsection (c)(1)(A) and inserting
a comma and ``and Natural Resources'';
(6) by striking subsection (c)(1)(B), (C), and (D);
(7) by redesignating subparagraphs (E) and (F) of
subsection (c)(1) as subparagraphs (G) and (H), respectively;
(8) by inserting after subparagraph (A) of subsection
(c)(1) the following:
``(B) One representative appointed by each of the
Secretaries of Commerce, the Interior, and Transportation,
who shall be Federal employees.
``(C) Two representatives from the fishing industry
appointed by the Governor of the State of Alaska from among
residents of communities in Alaska that were affected by the
EXXON VALDEZ oil spill, who shall serve terms of 2 years
each. Interested organizations from within the fishing
industry may submit the names of qualified individuals for
consideration by the Governor.
``(D) Two Alaska Natives who represent Native entities
affected by the EXXON VALDEZ oil spill, at least one of whom
represents an entity located in Prince William Sound,
appointed by the Governor of Alaska from a list of 4
qualified individuals submitted by the Alaska Federation of
Natives, who shall serve terms of 2 years each.
``(E) Two representatives from the oil and gas industry to
be appointed by the Governor of the State of Alaska who shall
serve terms of 2 years each. Interested organizations from
within the oil and gas industry may submit the names of
qualified individuals for consideration by the Governor.
``(F) Two at-large representatives from among residents of
communities in Alaska that were affected by the EXXON VALDEZ
oil spill who are knowledgeable about the marine environment
and wildlife within Prince William Sound, and who shall serve
terms of 2 years each, appointed by the remaining members of
the Advisory Board. Interested parties may submit the names
of qualified individuals for consideration by the Advisory
Board.'';
(9) adding at the end of subsection (c) the following:
``(4) Scientific review.--The Advisory Board may request a
scientific review of the research program every five years by
the National Academy of Sciences which shall perform the
review, if requested, as part of its responsibilities under
section 7001(b)(2).'';
(10) by striking ``the EXXON VALDEZ oil spill'' in
subsection (d)(2) and inserting ``Arctic or Subarctic oil
spills'';
(11) by striking ``Secretary of Commerce'' in subsection
(e) and inserting ``Advisory Board'';
(12) by striking ``, the Advisory Board,'' in the second
sentence of subsection (e);
(13) by striking ``Secretary's'' in subsection (e) and
inserting ``Advisory Board's'';
(14) by inserting ``authorization in section 5006(b)
providing funding for the'' in subsection (i) after ``The'';
(15) by striking ``this Act'' in subsection (i) and
inserting ``the Coast Guard Authorization Act of 1996'';
(16) by striking the first sentence of subsection (j); and
(17) by inserting ``The Advisory Board may compensate its
Federal representatives for their reasonable travel costs.''
in subsection (j) after ``Institute.''.
(b) Funding.--Section 5006 of the Oil Pollution Act of 1990
(33 U.S.C. 2736) is amended by--
(1) striking subsection (a) and redesignating subsection
(b) as subsection (a);
(2) striking ``5003'' in the caption of subsection (a), as
redesignated, and inserting ``5001, 5003,'';
(3) inserting ``to carry out section 5001 in the amount as
determined in section 5006(b), and'' after ``limitation,'' in
the text of subsection (a), as redesignated; and
(4) adding at the end thereof the following:
``(b) Use of Interest Only.--The amount of funding to be
made available annually to carry out section 5001 shall be
the interest produced by the Fund's investment of the
$22,500,000 remaining funding authorized for the Prince
William Sound Oil Spill Recovery Institute and currently
deposited in the Fund and invested by the Secretary of the
Treasury in income producing securities along with other
funds comprising the Fund. The National Pollution Funds
Center shall transfer all such accrued interest, including
the interest earned from the date funds in the Trans-Alaska
Liability Pipeline Fund were transferred into the Oil Spill
Liability Trust Fund pursuant to section 8102(a)(2)(B)(ii),
to the Prince William Sound Oil Spill Recovery Institute
annually, beginning 60 days after the date of enactment of
the Coast Guard Authorization Act of 1996.
``(c) Use for Section 1012.--Beginning with the eleventh
year following the date of enactment of the Coast Guard
Authorization Act of 1996, the funding authorized for the
Prince William Sound Oil Spill Recovery Institute and
deposited in the Fund shall thereafter be made available for
purposes of section 1012 in Alaska.''.
(c) Conforming Amendments.--
(1) Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended by striking ``5006(b)'' and
inserting ``5006''.
(2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33
U.S.C. 2761(c)(9)) is amended by striking the period at the
end thereof and inserting ``until the authorization for
funding under section 5006(b) expires.''.
SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.
Section 3703a of title 46, United States Code, is amended--
(1) in subsection (b), by--
(A) striking ``or'' at the end of paragraph (2);
(B) striking the period at the end of paragraph (3) and
inserting a semicolon; and
(C) adding at the end the following new paragraphs:
``(4) a vessel documented under chapter 121 of this title
that was equipped with a double hull before August 12, 1992;
``(5) a barge of less than 1,500 gross tons (as measured
under chapter 145 of this title) carrying refined petroleum
product in bulk as cargo in or adjacent to waters of the
Bering Sea, Chukchi Sea, and Arctic Ocean and waters
tributary thereto and in the waters of the Aleutian Islands
and the Alaskan Peninsula west of 155 degrees west longitude;
or
``(6) a vessel in the National Defense Reserve Fleet
pursuant to section 11 of the Merchant Ship Sales Act of 1946
(50 App. U.S.C. 1744).''; and
(2) by adding at the end the following new subsection:
``(d) The operation of barges described in subsection
(b)(5) outside waters described in that subsection shall be
on any conditions as the Secretary may require.''.
SEC. 1104. OIL SPILL RESPONSE VESSELS.
(a) Description.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraph (20a) as paragraph (20b);
and
(2) by inserting after paragraph (20) the following new
paragraph:
``(20a) `oil spill response vessel' means a vessel that is
designated in its certificate of inspection as such a vessel,
or that is adapted to respond to a discharge of oil or a
hazardous material.''.
(b) Exemption From Liquid Bulk Carriage Requirements.--
Section 3702 of title 46, United States Code, is amended by
adding at the end thereof the following:
``(f) This chapter does not apply to an oil spill response
vessel if--
[[Page 2432]]
``(1) the vessel is used only in response-related
activities; or
``(2) the vessel is--
``(A) not more than 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title;
``(B) designated in its certificate of inspection as an oil
spill response vessel; and
``(C) engaged in response-related activities.''.
(c) Manning.--Section 8104(p) of title 46, United States
Code, is amended to read as follows:
``(p) The Secretary may prescribe the watchstanding and
work hours requirements for an oil spill response vessel.''.
(d) Minimum Number of Licensed Individuals.--Section
8301(e) of title 46, United States Code, is amended to read
as follows:
``(e) The Secretary may prescribe the minimum number of
licensed individuals for an oil spill response vessel.''.
(e) Merchant Mariner Document Requirements.--Section
8701(a) of title 46, United States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (7),
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon and ``and''; and
(3) by adding at the end thereof the following new
paragraph:
``(9) the Secretary may prescribe the individuals required
to hold a merchant mariner's document serving onboard an oil
spill response vessel.''.
(f) Exemption From Towing Vessel Requirement.--Section 8905
of title 46, United States Code, is amended by adding at the
end the following new subsection:
``(c) Section 8904 of this title does not apply to an oil
spill response vessel while engaged in oil spill response or
training activities.''.
(g) Inspection Requirement.--Section 3301 of title 46,
United States Code, is amended by adding at the end the
following new paragraph:
``(14) oil spill response vessels.''.
SEC. 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY.
Section 2 of the Act of March 9, 1920 (popularly known as
the Suits in Admiralty Act; 46 App. U.S.C. 742), is amended
by striking ``The libelant'' and all that follows through
``and such corporation.''.
SEC. 1106. AMENDMENTS TO THE JOHNSON ACT.
(a) California Cruise Industry Revitalization.--Section
5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)),
commonly referred to as the ``Johnson Act'', is amended by
adding at the end thereof the following:
``(C) Exclusion of certain voyages and segments.--Except
for a voyage or segment of a voyage that occurs within the
boundaries of the State of Hawaii, a voyage or segment of a
voyage is not described in subparagraph (B) if it includes or
consists of a segment--
``(i) that begins and ends in the same State;
``(ii) that is part of a voyage to another State or to a
foreign country; and
``(iii) in which the vessel reaches the other State or
foreign country within 3 days after leaving the State in
which it begins.''.
(b) Authority of the State of Indiana Over Vessels on
Voyages in the Territorial Jurisdiction of the State of
Indiana.--Section 5(b)(1) of the Act of January 2, 1951 (15
U.S.C. 1175(b)(1)), commonly known as the ``Johnson Act'', is
amended--
(1) in subparagraph (A) by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the repair, transport, possession, or use of a
gambling device on a vessel on a voyage that begins in the
State of Indiana and that does not leave the territorial
jurisdiction of that State, including such a voyage on Lake
Michigan.''.
(c) Applicability to Certain Voyages in Alaska.--Section 5
of the Act of January 2, 1951 (15 U.S.C. 1175), commonly
referred to as the ``Johnson Act'', is amended by adding at
the end the following new subsection:
``(c) Exception.--(1) This section does not prohibit, nor
may any State make it a violation of law for there to occur,
the repair, transport, possession, or use of any gambling
device on board a vessel which provides sleeping
accommodations for all of its passengers and that is on a
voyage or segment of a voyage described in paragraph (2),
except that a State may, within its boundaries--
``(A) prohibit the use of a gambling device on a vessel
while it is docked or anchored or while it is operating
within 3 nautical miles of a port at which it is scheduled to
call; and
``(B) require the gambling devices to remain on board the
vessel.
``(2) A voyage referred to in paragraph (1) is a voyage
that--
``(A) begins, ends, or otherwise includes a stop in Canada;
``(B) includes stops in at least 2 different ports situated
in the State of Alaska;
``(C) does not begin, end, or otherwise include a stop in
any other State; and
``(D) is of at least 60 hours duration.''.
SEC. 1107. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY
ACTIVITIES.
The Secretary of Transportation is authorized to expend out
of the amounts appropriated for the Coast Guard not more than
$940,000 for lower Columbia River marine, fire, oil, and
toxic spill response communications, training, equipment, and
program administration activities conducted by the Maritime
Fire and Safety Association.
SEC. 1108. OIL POLLUTION RESEARCH TRAINING.
Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33
U.S.C. 2761(c)(2)(D)) is amended by striking ``Texas;'' and
inserting ``Texas, and the Center for Marine Training and
Safety in Galveston, Texas;''.
SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GALVESTON
MARINE SAFETY OFFICES.
The Secretary of Transportation may not relocate the Coast
Guard Marine Safety Offices in Galveston, Texas, and Houston,
Texas. Nothing in this section prevents the consolidation of
management functions of these Coast Guard authorities.
SEC. 1110. UNINSPECTED FISH TENDER VESSELS.
Section 3302 of title 46, United States Code, as amended by
this Act, is further amended as follows:
(1) Subsection (b) is amended by striking ``A fishing
vessel,'' and inserting ``Except as provided in subsection
(c)(3) of this section, a fishing vessel''.
(2) Subsection (c)(1) is amended by striking ``A fish
processing vessel'' and inserting ``Except as provided in
paragraph (3) of this subsection, a fish processing vessel''.
(3) Subsection (c)(2) is amended by striking ``A fish
tender vessel'' and inserting ``Except as provided in
paragraphs (3) and (4) of this subsection, a fish tender
vessel''.
(4) Subsection (c)(3) is amended to read as follows:
``(3)(A) A fishing vessel or fish processing vessel is
exempt from section 3301(1), (6), and (7) of this title when
transporting cargo (including fisheries-related cargo) to or
from a place in Alaska if--
``(i) that place does not receive weekly common carrier
service by water from a place in the United States;
``(ii) that place receives such common carrier service and
the cargo is of a type not accepted by that common carrier
service; or
``(iii) the cargo is proprietary cargo owned by the owner
of the vessel or any affiliated entity or subsidiary.
``(B) A fish tender vessel of not more than 500 gross tons
as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title, which is qualified to engage in the Aleutian trade is
exempt from section 3301(1), (6), and (7) of this title when
transporting cargo (including fisheries-related cargo) to or
from a place in Alaska outside the Aleutian trade geographic
area if--
``(i) that place does not receive weekly common carrier
service by water from a place in the United States;
``(ii) that place receives such common carrier service and
the cargo is of a type not accepted by that common carrier
service; or
``(iii) the cargo is proprietary cargo owned by the owner
of the vessel or any affiliated entity or subsidiary.
``(C) In this paragraph, the term `proprietary cargo' means
cargo that--
``(i) is used by the owner of the vessel or any affiliated
entity or subsidiary in activities directly related to
fishing or the processing of fish;
``(ii) is consumed by employees of the owner of the vessel
or any affiliated entity or subsidiary who are engaged in
fishing or in the processing of fish; or
``(iii) consists of fish or fish products harvested or
processed by the owner of the vessel or any affiliated entity
or subsidiary.
``(D) Notwithstanding the restrictions in subparagraph (B)
of this paragraph, vessels qualifying under subparagraph (B)
may transport cargo (including fishery-related products) from
a place in Alaska receiving weekly common carrier service by
water to a final destination in Alaska not receiving weekly
service by water from common carriers.''.
SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is amended--
(1) by striking ``(a)'' in subsection (a); and
(2) by striking subsection (b).
SEC. 1112. COAST GUARD USER FEES.
(a) Limits on User Fees.--Section 10401(g) of the Omnibus
Budget Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is
amended by adding after ``annually.'' the following: ``The
Secretary may not establish a fee or charge under paragraph
(1) for inspection or examination of a small passenger vessel
under this title that is more than $300 annually for such
vessels under 65 feet in length, or more than $600 annually
for such vessels 65 feet in length and greater.''.
(b) Ferry Exemption.--Such section is further amended by
adding at the end the following: ``The Secretary may not
establish a fee or charge under paragraph (1) for inspection
or examination under this title for any publicly-owned
ferry.''.
SEC. 1113. VESSEL FINANCING.
(a) Elimination of Mortgagee Restrictions.--Section
31322(a) of title 46, United States Code, is amended to read
as follows:
``(a) A preferred mortgage is a mortgage, whenever made,
that--
``(1) includes the whole of the vessel;
``(2) is filed in substantial compliance with section 31321
of this title; and
``(3)(A) covers a documented vessel; or
``(B) covers a vessel for which an application for
documentation is filed that is in substantial compliance with
the requirements
[[Page 2433]]
of chapter 121 of this title and the regulations prescribed
under that chapter.''.
(b) Elimination of Trustee Restrictions.--
(1) Repeal.--Section 31328 of title 46, United States Code,
is repealed.
(2) Conforming amendments.--Section 31330(b) of title 46,
United States Code, is amended in paragraphs (1), (2), and
(3) by striking ``31328 or'' each place it appears.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 313 of title 46, United States Code, is
amended by striking the item relating to section 31328.
(c) Removal of Mortgage Restrictions.--Section 9 of the
Shipping Act, 1916 (46 App. U.S.C. 808), is amended--
(1) in subsection (c)--
(A) by striking ``31328'' and inserting ``12106(e)''; and
(B) in paragraph (1) by striking ``mortgage,'' each place
it appears; and
(2) in subsection (d)--
(A) in paragraph (1) by striking ``transfer, or mortgage''
and inserting ``or transfer'';
(B) in paragraph (2) by striking ``transfers, or
mortgages'' and inserting ``or transfers'';
(C) in paragraph (3)(B) by striking ``transfers, or
mortgages'' and inserting ``or transfers''; and
(D) in paragraph (4) by striking ``transfers, or
mortgages'' and inserting ``or transfers''.
(d) Leasing.--Section 12106 of title 46, United States
Code, is amended by adding at the end the following:
``(e)(1) A certificate of documentation for a vessel may be
endorsed with a coastwise endorsement if--
``(A) the vessel is eligible for documentation;
``(B) the person that owns the vessel, a parent entity of
that person, or a subsidiary of a parent entity of that
person, is primarily engaged in leasing or other financing
transactions;
``(C) the vessel is under a demise charter to a person that
certifies to the Secretary that the person is a citizen of
the United States for engaging in the coastwise trade under
section 2 of the Shipping Act, 1916;
``(D) the demise charter is for a period of at least 3
years or a shorter period as may be prescribed by the
Secretary; and
``(E) the vessel is otherwise eligible for documentation
under section 12102.
``(2) The demise charter and any amendments to that charter
shall be filed with the certificate required by this
subsection, or within 10 days following the filing of an
amendment to the charter, and such charter and amendments
shall be made available to the public.
``(3) Upon termination by a demise charterer required under
paragraph (1)(C), the coastwise endorsement of the vessel
may, in the sole discretion of the Secretary, be continued
after the termination for default of the demise charter for a
period not to exceed 6 months on such terms and conditions as
the Secretary may prescribe.
``(4) For purposes of section 2 of the Shipping Act, 1916,
and section 12102(a) of this title, a vessel meeting the
criteria of this subsection is deemed to be owned exclusively
by citizens of the United States.''.
(e) Conforming Amendment.--Section 9(c) of the Shipping
Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by
striking ``sections 31322(a)(1)(D)'' and inserting ``sections
12106(e), 31322(a)(1)(D),''.
(f) Study and Report.--
(1) Study.--The Secretary of Transportation shall conduct a
study of the methods for leasing, demise chartering, and
financing of vessels operating in the coastal trades of other
countries and whether the laws of other countries provide
reciprocity for United States banks, leasing companies, or
other financial institutions with respect to the rights
granted under the amendment made by subsection (d). The study
shall develop recommendations whether additional laws
requiring reciprocity should be considered for non-United
States banks, leasing companies, or other financial
institutions.
(2) Report.--The Secretary shall submit to the Congress a
report 1 year after the date of enactment of this Act of the
results of the study required under paragraph (1), including
recommendations developed in the study.
SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS
ON THE GREAT LAKES.
(a) Section 8104(c) of title 46, United States Code, is
amended--
(1) by striking ``or permitted''; and
(2) by inserting after ``day'' the following: ``or
permitted to work more than 15 hours in any 24-hour period,
or more than 36 hours in any 72-hour period''.
(b) Section 8104(e) of title 46, United States Code, is
amended by striking ``subsections (c) and (d)'' and inserting
``subsection (d)''.
(c) Section 8104(g) of title 46, United States Code, is
amended by striking ``(except a vessel to which subsection
(c) of this section applies)''.
SEC. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.
(a) Repeal.--Section 12107 of title 46, United States Code,
is repealed.
(b) Conforming Amendments.--
(1) The analysis at the beginning of chapter 121 of title
46, United States Code, is amended by striking the item
relating to section 12107.
(2) Section 12101(b)(3) of title 46, United States Code, is
repealed.
(3) Section 4370(a) of the Revised Statutes of the United
States (46 App. U.S.C. 316(a)) is amended by striking ``or
12107''.
(4) Section 2793 of the Revised Statutes of the United
States (46 App. U.S.C. 111, 123) is amended--
(A) by striking ``coastwise, Great Lakes endorsement'' and
all that follows through ``foreign ports,'' and inserting
``registry endorsement, engaged in foreign trade on the Great
Lakes or their tributary or connecting waters in trade with
Canada,''; and
(B) by striking ``, as if from or to foreign ports''.
(5) Section 9302(a)(1) of title 46, United States Code, is
amended by striking ``subsections (d) and (e)'' and inserting
``subsections (d), (e) and (f)''.
(6) Section 9302(e) of title 46, United States Code, is
amended by striking ``subsections (a) and (b)'' and inserting
``subsection (a)''.
(7) Section 9302 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(f) A documented vessel regularly operating on the Great
Lakes or between ports on the Great Lakes and the St.
Lawrence River is exempt from the requirements of subsection
(a) of this section.''.
SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION
REQUIREMENTS.
(a) In General.--Notwithstanding any other law or any
agreement with the United States Government, a vessel
described in subsection (b) may be transferred to or placed
under a foreign registry or sold to a person that is not a
citizen of the United States and transferred to or placed
under a foreign registry.
(b) Vessels Described.--The vessels referred to in
subsection (a) are the following:
(1) MV PLATTE (United States official number number
653210).
(2) SOUTHERN (United States official number 591902).
(3) ARZEW (United States official number 598727).
(4) LAKE CHARLES (United States official number 619531).
(5) LOUISIANA (United States official number 619532).
(6) GAMMA (United States official number 598730).
(7) BAY RIDGE (United States official number 600128).
(8) COASTAL GOLDEN (United States official number 598731).
SEC. 1117. USE OF FOREIGN REGISTRY OIL SPILL RESPONSE
VESSELS.
Notwithstanding any other provision of law, an oil spill
response vessel documented under the laws of a foreign
country may operate in waters of the United States on an
emergency and temporary basis, for the purpose of recovering,
transporting, and unloading in a United States port oil
discharged as a result of an oil spill in or near those
waters, if--
(1) an adequate number and type of oil spill response
vessels documented under the laws of the United States cannot
be engaged to recover oil from an oil spill in or near those
waters in a timely manner, as determined by the Federal On-
Scene Coordinator for a discharge or threat of a discharge of
oil; and
(2) that foreign country has by its laws accorded to
vessels of the United States the same privileges accorded to
vessels of that foreign country under this section.
SEC. 1118. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO
ALIENS.
Section 31329 of title 46, United States Code, is amended
by adding at the end the following new subsection:
``(f) This section does not apply to a documented vessel
that has been operated only for pleasure.''.
SEC. 1119. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.
Section 641(c)(2) of title 14, United States Code, is
amended by inserting before the period the following: ``,
except that the Commandant may conduct sales of materials for
which the proceeds of sale will not exceed $5,000 under
regulations prescribed by the Commandant''.
SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.
(a) General Certificates.--Notwithstanding sections 12106,
12107, and 12108 of title 46, United States Code, section 8
of the Act of June 19, 1886 (24 Stat. 81; chapter 421; 46
App. U.S.C. 289), and section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), as applicable on the date of
enactment of this Act, the Secretary of Transportation may
issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
following vessels:
(1) ABORIGINAL (United States official number 942118).
(2) ALPHA TANGO (United States official number 945782).
(3) ANNAPOLIS (United States official number 999008).
(4) ARK (United States official number 912726).
(5) AURA (United States official number 1027807).
(6) BABS (United States official number 1030028).
(7) BAGGER (State of Hawaii registration number HA1809E).
(8) BAREFOOT'N (United States official number 619766).
(9) BARGE 76 (United States official number 1030612).
(10) BARGE 77 (United States official number 1030613).
(11) BARGE 78 (United States official number 1030614).
(12) BARGE 100 (United States official number 1030615).
(13) BEACON (United States official number 501539).
(14) BEAR (United States official number 695002).
[[Page 2434]]
(15) BEULA LEE (United States official number 928211).
(16) BEWILDERED (United States official number 902354).
(17) BIG DAD (United States official number 565022).
(18) BILLY BUCK (United States official number 939064).
(19) BROKEN PROMISE (United States official number 904435).
(20) CAPTAIN DARYL (United States official number 580125).
(21) CAROLYN (State of Tennessee registration number
TN1765C).
(22) CHARLOTTE (State of Maryland certification number
MN1397AM).
(23) CHESAPEAKE (United States official number 999010).
(24) CHRISSY (State of Marine registration certification
number ME4778B).
(25) COLT INTERNATIONAL (United States official number
913637).
(26) CONSORT (United States official number 999005).
(27) CONSORTIUM (British registration number 303328).
(28) COURIER SERVICE (Vanuatu registration number 688).
(29) CURTIS BAY (United States official number 999007).
(30) DAMN YANKEE (United States official number 263611).
(31) DANTE (United States official number 556188).
(32) DELTA KING (United States official number 225874).
(33) DORDY III (United States official number 286553).
(34) DRAGONESSA (United States official number 646512).
(35) EAGLE MAR (United States official number 575349).
(36) EMERALD AYES (United States official number 986099)
(37) EMMA (United States official number 946449).
(38) EMPRESS (United States official number 975018).
(39) ENDEAVOUR (United States official number 947869).
(40) EVENING STAR (State of Hawaii registration number
HA8337D).
(41) EXPLORER (United States official number 918080).
(42) EXTREME (United States official number 1022278).
(43) EXUBERANCE (United States official number 698516).
(44) FIFTY ONE (United States official number 1020419).
(45) FINESSE (State of Florida registration number 7148).
(46) FOCUS (United States official number 909293).
(47) FREJA VIKING (Danish registration number A395).
(48) 3 barges owned by the Harbor Maine Corporation (a
corporation organized under the laws of the State of Rhode
Island) and referred to by that company as Harbor 221, Harbor
223, and Gene Elizabeth
(49) GIBRALTAR (United States official number 668634).
(50) GLEAM (United States official number 921594).
(51) GOD'S GRACE II (State of Alaska registration number
AK5916B).
(52) HALCYON (United States official number 690219).
(53) HAMPTON ROADS (United States official number 999009).
(54) HERCO TYME (United States official number 911599).
(55) HER WEIGH (United States official number 919074).
(56) HIGH HOPES (United States official number 935174).
(57) HIGH HOPES II (United States official number 959439).
(58) HOPTOAD (Hull Identification number 528162 NET 12).
(59) HOT WATER (United States official number 965985).
(60) IDUN VIKING (Danish registation number A433).
(61) INTREPID (United States official number 508185).
(62) ISABELLE (United States official number 600655).
(63) ISLAND STAR (United States official number 673537).
(64) JAJO (Hull ID number R1Z200207H280).
(65) JAMESTOWN (United States official number 999006).
(66) JIVE DEVIL (United States official number 685348).
(67) JOAN MARIE (State of North Carolina registration
number NC2319AV).
(68) KALYPSO (United States official number 566349).
(69) KARMA (United States official number 661709).
(70) LADY HAWK (United States official number 961095).
(71) LIBERTY (United States official number 375248).
(72) LIV VIKING (Danish registration number A394).
(73) M/V MARION C II (United States official number
570892).
(74) MAGIC CARPET (United States official number 278971).
(75) MAGIC MOMENTS (United States official number 653689).
(76) MADRINE (United States official number 663842).
(77) MARALINDA (State of Florida registration number
C023203-97).
(78) MARANTHA (United States official number 638787).
(79) MARSH GRASS II (Hull ID number AUKEV51139K690).
(80) MEMORY MAKER (Hull No 3151059, State of Maryland
registration number MD8867AW).
(81) MOONRAKER (United States official number 645981).
(82) MORGAN (State of Ohio registration number OH-0358-EA).
(83) MOVIN ON (United States official number 585100).
(84) MY LITTLE SHIP (State of Washington registration
number WN9979MF5).
(85) NAMASTE (United States official number 594472).
(86) OLD HAT (United States official number 508299).
(87) ONRUST (United States official number 515058).
(88) PAUL JOHANSEN (United States official number 1033607).
(89) PHOENIX (United States official number 940997).
(90) PLAY HARD (State of North Carolina registration number
NC1083CE).
(91) POLICY MAKER III (United States official number
569223).
(92) PRIME TIME (United States official number 660944).
(93) QUIET SQUAW (United States official number 998717).
(94) QUIETLY (United States official number 658315).
(95) QUINTESSENCE (United States official number 934393).
(96) RAFFLES LIGHT (United States official number 501584).
(97) RAINBOW'S END (United States official number 1026899;
Hull ID number MY13708C787).
(98) RATTLESNAKE (Canadian registration number 802702).
(99) REEL TOY (United States official number 698383).
(100) RELENTLESS (United States official number 287008).
(101) 2 barges owned by Roen Salvage (a corporation
organized under the laws of the State of Wisconsin) and
numbered by that company as barge 103 and barge 203.
(102) ROYAL AFFAIRE (United States official number 649292).
(103) SALLIE D (State of Maryland registration number
MD2655A).
(104) SARAH-CHRISTEN (United States official number
342195).
(105) SEA MISTRESS (United States official number 696806).
(106) SEA SISTER (United States official number 951817).
(107) SERENITY (United States official number 1021393).
(108) SHAKA MARU (United States official number 983176).
(109) SHAMROCK V (United States official number 900936).
(110) SHOGUN (United States official number 577839).
(111) SISU (United States official number 293648).
(112) SMALLEY (6808 Amphibious Dredge: State of Florida
registration number FL1855FF).
(113) SNOW HAWK (United States official number 955-637).
(114) SOUTHERN CRUZ (United States official number 556797).
(115) SUNDOWN (United States official number 293434).
(116) SUNRISE (United States official number 950381).
(117) TECUMSEH (United States official number 668633).
(118) THE SUMMER WIND (United States official number
905819).
(119) TIVOLI (United States official number 582516).
(120) TOO MUCH FUN (United States official number 936565).
(121) TOP GUN (United States official number 623642).
(122) TRIAD (United States official number 988602).
(123) TWO CAN (United States official number 932361).
(124) VICTORIA CLIPPER II (United States official number
725338).
(125) WATERFRONT PROPERTY (United States official number
987686).
(126) WESTFJORD (Hull ID number X-53-109).
(127) WESTERN ATLANTIC (Panamanian registration number
10484-80-CEO).
(128) WHITE WING (United States official number 283818).
(129) WHY KNOT (United States official number 688570).
(130) WOLF GANG II (United States official number 984934).
(131) YES DEAR (United States official number 578550).
(132) Former United States military vessels, as follows:
(A) LACV-30 hovercraft hulls numbered 1 through 26.
(B) AP-188 hovercraft hulls numbered 8701 and 8901.
For the purposes of chapter 121 of title 46, United States
Code, and section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the engine twin paks, the thrust and lift
engines, and all spare parts, appurtenances, and accessories
transferred by the United States with the vessels referred to
in this paragraph are deemed to have been built in the United
States.
(b) M/V Twin Drill.--Section 601(d) of the Coast Guard
Authorization Act of 1993 (Public Law 103-206) is amended--
(1) in paragraph (3) by striking ``June 30, 1995'' and
inserting ``June 30, 1998''; and
(2) in paragraph (4)--
(A) by striking ``12 months'' and inserting ``36 months'';
and
(B) by inserting ``or convert under the same terms and
conditions as provided in
[[Page 2435]]
paragraphs (1) and (2)'' after ``construct''; and
(3) in paragraph (5) by striking ``constructed'' and
inserting ``delivered''.
(c) Certificates of Documentation for Gallant Lady.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act
of June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C.
289), and section 12106 of title 46, United States Code, and
subject to paragraph (2), the Secretary of Transportation may
issue a certificate of documentation with an appropriate
endorsement for employment in coastwise trade for each of the
following vessels:
(A) GALLANT LADY (Feadship hull number 645, approximately
130 feet in length).
(B) GALLANT LADY (Feadship hull number 651, approximately
172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel
under this section shall be limited to the carriage of
passengers in association with contributions to charitable
organizations no portion of which is received, directly or
indirectly, by the owner of the vessel.
(3) Condition.--The Secretary may not issue a certificate
of documentation for a vessel under paragraph (1) unless, not
later than 90 days after the date of enactment of this Act,
the owner of the vessel referred to in paragraph (1)(B)
submits to the Secretary a letter expressing the intent of
the owner to, before April 1, 1998, enter into a contract for
the construction in the United States of a passenger vessel
of at least 130 feet in length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1) shall take effect--
(A) for the vessel referred to in paragraph (1)(A), on the
date of the issuance of the certificate; and
(B) for the vessel referred to in paragraph (1)(B), on the
date of delivery of the vessel to the owner.
(5) Termination of effectiveness of certificates.--A
certificate of documentation issued for a vessel under
paragraph (1) shall expire--
(A) on the date of the sale of the vessel by the owner;
(B) on April 1, 1998, if the owner of the vessel referred
to in paragraph (1)(B) has not entered into a contract for
construction of a vessel in accordance with the letter of
intent submitted to the Secretary under paragraph (3); or
(C) on such date as a contract referred to in paragraph (2)
is breached, rescinded, or terminated (other than for
completion of performance of the contract) by the owner of
the vessel referred to in paragraph (1)(B).
(d) Certificates of Documentation for Enchanted Isle and
Enchanted Seas.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), the Act of June 19,
1886 (46 App. U.S.C. 289), section 12106 of title 46, United
States Code, section 506 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1156), and any agreement with the United States
Government, the Secretary of Transportation may issue
certificates of documentation with a coastwise endorsement
for the vessels ENCHANTED ISLE (Panamanian official number
14087-84B) and ENCHANTED SEAS (Panamanian official number
14064-84D), except that the vessels may not operate between
or among islands in the State of Hawaii.
(e) Exception to Chain of Title Restriction.--Section 27 of
the Merchant Marine Act, 1920 (46 App. U.S.C. 883) is amended
in the first proviso after ``no vessel'' by inserting ``of
more than 200 gross tons (as measured under chapter 143 of
title 46, United States Code)''.
(f) Certificate of Documentation for a Liquified Gas
Tanker.--Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 12106 of title 46,
United States Code, section 506 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1156) and any agreement with the United
States Government, the Secretary of Transportation may issue
a certificate of documentation with a coastwise endorsement
for a vessel to transport liquified natural gas or liquified
petroleum gas to the Commonwealth of Puerto Rico from other
ports in the United States, if the vessel--
(1) is a foreign built vessel that was built prior to the
date of enactment of this Act; or
(2) is documented under chapter 121 of title 46, United
States Code, before the date of enactment of this Act, even
if the vessel is placed under a foreign registry and
subsequently redocumented under that chapter for operation
under this section.
(g) Vessels Deemed Constructed in United States.--
Notwithstanding any other provision of law, the coastwise
qualified vessels COASTAL SEA (United States official number
666754), COASTAL NOMAD (United States official number
686157), and COASTAL MERCHANT (United States official number
1038382) are deemed to have been constructed in the United
States as of the date of their original delivery.
(h) Limited Waiver for the Tug MV Janis Guzzle.--
Notwithstanding any other law or any agreement with the
United States Government, the tug MV JANIS GUZZLE (ex-G.R.
MOIR; United States official number 608018) may be
permanently operated in the domestic trade of the United
States upon the repayment of $1,140,619 to the Secretary of
Transportation.
(i) Regent Rainbow.--Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of
the Act of June 19, 1886 (46 App. U.S.C. 289), section 12106
of title 46, United States Code, section 506 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1156), and any agreement
with the United States Government, the Secretary of
Transportation may issue a certificate of documentation with
appropriate endorsement for employment in the coastwise trade
for the vessel REGENT RAINBOW (Bahamas official number
715557), after the completion of the sale of the REGENT
RAINBOW to an operator of another passenger vessel measuring
more that 20,000 gross tons that on the day before the date
of the enactment of this Act is in operation with a coastwise
endorsement.
(j) Military Hovercraft.--Notwithstanding any other
provision of law, the Administrator of General Services shall
waive all conditions and restrictions relating to transfer or
use of the property described in subsection (a)(132)
(including the engine twin paks, the thrust and lift engines,
and all spare parts, appurtenances, and accessories referred
to in that subsection) and shall transfer unconditional and
unrestricted title to all such property to the recipient
eligible donee.
SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.
(a) In General.--The vessel described in subsection (b) is
deemed for all purposes, including title 46, United States
Code, and all regulations thereunder, to be a recreational
vessel of less than 300 gross tons, if--
(1) it does not carry cargo or passengers for hire; and
(2) it does not engage in commercial fisheries or
oceanographic research.
(b) Vessel Described.--The vessel referred to in subsection
(a) is an approximately 96 meter twin screw motor yacht, the
construction of which commenced in October, 1993, and that
has been assigned the builder's number 13583 (to be named the
LIMITLESS).
SEC. 1122. SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM
WITH THE STATE OF MINNESOTA.
(a) In General.--The Secretary may enter into an agreement
with the State under which the State may inspect small
passenger vessels operating in waters of that State
designated by the Secretary, if--
(1) the State plan for the inspection of small passenger
vessels meets such requirements as the Secretary may require
to ensure the safety and operation of such vessels in
accordance with the standards that would apply if the Coast
Guard were inspecting such vessels; and
(2) the State will provide such information obtained
through the inspection program to the Secretary annually in
such form and in such detail as the Secretary may require.
(b) Fees.--The Secretary may adjust or waive the user fee
imposed under section 3317 of title 46, United States Code,
for the inspection of small passenger vessels inspected under
the State program.
(c) Termination.--The authority provided by subsection (a)
terminates on December 31, 1999.
(d) Definitions.--For purposes of this section--
(1) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(2) State.--The term ``State'' means the State of
Minnesota.
(3) Small passenger vessel.--The term ``small passenger
vessel'' means a small passenger vessel (as defined in
section 2101(35) of title 46, United States Code) of not more
than 40 feet overall in length.
SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
FISHING.
Section 8103(i)(1) of title 46, United States Code, is
amended--
(1) by striking ``or'' in subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon and ``or''; and
(3) by adding at the end thereof the following:
``(D) an alien allowed to be employed under the immigration
laws of the Commonwealth of the Northern Mariana Islands if
the vessel is permanently stationed at a port within the
Commonwealth and the vessel is engaged in the fisheries
within the exclusive economic zone surrounding the
Commonwealth or another United States territory or
possession.''.
SEC. 1124. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT
ON PREFERRED MORTGAGE LIENS ON VESSELS.
(a) Availability of Extrajudicial Remedies.--Section
31325(b) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``mortgage may'' and inserting ``mortgagee may'';
(2) in paragraph (1) by--
(A) striking ``perferred'' and inserting ``preferred''; and
(B) striking ``; and'' and inserting a semicolon; and
(3) by adding at the end the following:
``(3) enforce the preferred mortgage lien or a claim for
the outstanding indebtedness secured by the mortgaged vessel,
or both, by exercising any other remedy (including an
extrajudicial remedy) against a documented vessel, a vessel
for which an application for documentation is filed under
chapter 121 of this title, a foreign vessel, or a mortgagor,
maker, comaker, or guarantor for the amount of the
outstanding indebtedness or any deficiency in full payment of
that indebtedness, if--
``(A) the remedy is allowed under applicable law; and
[[Page 2436]]
``(B) the exercise of the remedy will not result in a
violation of section 9 or 37 of the Shipping Act, 1916 (46
App. U.S.C. 808, 835).''.
(b) Notice.--Section 31325 of title 46, United States Code,
is further amended by adding at the end the following:
``(f)(1) Before title to the documented vessel or vessel
for which an application for documentation is filed under
chapter 121 is transferred by an extrajudicial remedy, the
person exercising the remedy shall give notice of the
proposed transfer to the Secretary, to the mortgagee of any
mortgage on the vessel filed in substantial compliance with
section 31321 of this title before notice of the proposed
transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on the
vessel under section 31343(a) or (d) of this title before
notice of the proposed transfer is given to the Secretary.
``(2) Failure to give notice as required by this subsection
shall not affect the transfer of title to a vessel. However,
the rights of any holder of a maritime lien or a preferred
mortgage on the vessel shall not be affected by a transfer of
title by an extrajudicial remedy exercised under this
section, regardless of whether notice is required by this
subsection or given.
``(3) The Secretary shall prescribe regulations
establishing the time and manner for providing notice under
this subsection.''.
(c) Rule of Construction.--The amendments made by
subsections (a) and (b) may not be construed to imply that
remedies other than judicial remedies were not available
before the date of enactment of this section to enforce
claims for outstanding indebtedness secured by mortgaged
vessels.
SEC. 1125. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY
REQUIREMENTS.
(a) Amount of Financial Responsibility.--Section 1016 of
the Oil Pollution Act of 1990 (33 U.S.C. 2716) is amended--
(1) by amending subsection (c)(1) to read as follows:
``(1) In general.--
``(A) Evidence of financial responsibility required.--
Except as provided in paragraph (2), a responsible party with
respect to an offshore facility that--
``(i)(I) is located seaward of the line of ordinary low
water along that portion of the coast that is in direct
contact with the open sea and the line marking the seaward
limit of inland waters; or
``(II) is located in coastal inland waters, such as bays or
estuaries, seaward of the line of ordinary low water along
that portion of the coast that is not in direct contact with
the open sea;
``(ii) is used for exploring for, drilling for, producing,
or transporting oil from facilities engaged in oil
exploration, drilling, or production; and
``(iii) has a worst-case oil spill discharge potential of
more than 1,000 barrels of oil (or a lesser amount if the
President determines that the risks posed by such facility
justify it),
shall establish and maintain evidence of financial
responsibility in the amount required under subparagraph (B)
or (C), as applicable.
``(B) Amount required generally.--Except as provided in
subparagraph (C), the amount of financial responsibility for
offshore facilities that meet the criteria of subparagraph
(A) is--
``(i) $35,000,000 for an offshore facility located seaward
of the seaward boundary of a State; or
``(ii) $10,000,000 for an offshore facility located
landward of the seaward boundary of a State.
``(C) Greater amount.--If the President determines that an
amount of financial responsibility for a responsible party
greater than the amount required by subparagraph (B) is
justified based on the relative operational, environmental,
human health, and other risks posed by the quantity or
quality of oil that is explored for, drilled for, produced,
or transported by the responsible party, the evidence of
financial responsibility required shall be for an amount
determined by the President not exceeding $150,000,000.
``(D) Multiple facilities.--In a case in which a person is
a responsible party for more than one facility subject to
this subsection, evidence of financial responsibility need be
established only to meet the amount applicable to the
facility having the greatest financial responsibility
requirement under this subsection.
``(E) Definition.--For the purpose of this paragraph, the
seaward boundary of a State shall be determined in accordance
with section 2(b) of the Submerged Lands Act (43 U.S.C.
1301(b)).'';
(2) by amending subsection (f) to read as follows:
``(f) Claims Against Guarantor.--
``(1) In general.--Subject to paragraph (2), a claim for
which liability may be established under section 1002 may be
asserted directly against any guarantor providing evidence of
financial responsibility for a responsible party liable under
that section for removal costs and damages to which the claim
pertains. In defending against such a claim, the guarantor
may invoke--
``(A) all rights and defenses which would be available to
the responsible party under this Act;
``(B) any defense authorized under subsection (e); and
``(C) the defense that the incident was caused by the
willful misconduct of the responsible party.
The guarantor may not invoke any other defense that might be
available in proceedings brought by the responsible party
against the guarantor.
``(2) Further requirement.--A claim may be asserted
pursuant to paragraph (1) directly against a guarantor
providing evidence of financial responsibility under
subsection (c)(1) with respect to an offshore facility only
if--
``(A) the responsible party for whom evidence of financial
responsibility has been provided has denied or failed to pay
a claim under this Act on the basis of being insolvent, as
defined under section 101(32) of title 11, United States
Code, and applying generally accepted accounting principles;
``(B) the responsible party for whom evidence of financial
responsibility has been provided has filed a petition for
bankruptcy under title 11, United States Code; or
``(C) the claim is asserted by the United States for
removal costs and damages or for compensation paid by the
Fund under this Act, including costs incurred by the Fund for
processing compensation claims.
``(3) Rulemaking authority.--Not later than 1 year after
the date of enactment of this paragraph, the President shall
promulgate regulations to establish a process for
implementing paragraph (2) in a manner that will allow for
the orderly and expeditious presentation and resolution of
claims and effectuate the purposes of this Act.''; and
(3) by amending subsection (g) to read as follows:
``(g) Limitation on Guarantor's Liability.--Nothing in this
Act shall impose liability with respect to an incident on any
guarantor for damages or removal costs which exceed, in the
aggregate, the amount of financial responsibility which that
guarantor has provided for a responsible party pursuant to
this section. The total liability of the guarantor on direct
action for claims brought under this Act with respect to an
incident shall be limited to that amount.''.
(b) Limitation on Application.--The amendment made by
subsection (a)(2) shall not apply to any final rule issued
before the date of enactment of this section.
SEC. 1126. DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET
HARBOR, MASSACHUSETTS.
The following portions of the project for navigation,
Cohasset Harbor, Massachusetts, authorized by section 2 of
the Act entitled ``An Act authorizing the construction,
repair, and preservation of certain public works on rivers
and harbors, and for other purposes'', approved March 2, 1945
(59 Stat. 12), or carried out pursuant to section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577), are
deauthorized: A 7-foot deep anchorage and a 6-foot deep
anchorage; beginning at site 1, starting at a point
N453510.15, E792664.63, thence running south 53 degrees 07
minutes 05.4 seconds west 307.00 feet to a point N453325.90,
E792419.07, thence running north 57 degrees 56 minutes 36.8
seconds west 201.00 feet to a point N453432.58, E792248.72,
thence running south 88 degrees 57 minutes 25.6 seconds west
50.00 feet to a point N453431.67, E792198.73, thence running
north 01 degree 02 minutes 52.3 seconds west 66.71 feet to a
point N453498.37, E792197.51, thence running north 69 degrees
12 minutes 52.3 seconds east 332.32 feet to a point
N453616.30, E792508.20, thence running south 55 degrees 50
minutes 24.1 seconds east 189.05 feet to point of origin;
then site 2, starting at a point, N452886.64, E791287.83,
thence running south 00 degrees 00 minutes 00.0 seconds west
56.04 feet to a point, N452830.60, E791287.83, thence running
north 90 degrees 00 minutes 00.0 seconds west 101.92 feet to
a point, N452830.60, E791185.91, thence running north 52
degrees 12 minutes 49.7 seconds east 89.42 feet to a point,
N452885.39, E791256.58, thence running north 87 degrees 42
minutes 33.8 seconds east 31.28 feet to point of origin; and
site 3, starting at a point, N452261.08, E792040.24, thence
running north 89 degrees 07 minutes 19.5 seconds east 118.78
feet to a point, N452262.90, E792159.01, thence running south
43 degrees 39 minutes 06.8 seconds west 40.27 feet to a
point, N452233.76, E792131.21, thence running north 74
degrees 33 minutes 29.1 seconds west 94.42 feet to a point,
N452258.90, E792040.20, thence running north 01 degree 03
minutes 04.3 seconds east 2.18 feet to point of origin.
SEC. 1127. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the official responsible
for providing the assistance, to the greatest extent
practicable, shall provide to each recipient of the
assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 1128. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN.
(a) Requirement.--Chapter 5 of title 14, United States
Code, as amended by section 311 of this Act, is further
amended by adding at the end the following:
``Sec. 97. Procurement of buoy chain
``(a) Except as provided in subsection (b), the Coast Guard
may not procure buoy chain--
``(1) that is not manufactured in the United States; or
``(2) substantially all of the components of which are not
produced or manufactured in the United States.
[[Page 2437]]
``(b) The Coast Guard may procure buoy chain that is not
manufactured in the United States if the Secretary determines
that--
``(1) the price of buoy chain manufactured in the United
States is unreasonable; or
``(2) emergency circumstances exist.''.
(b) Clerical Amendment.--The table of sections for chapter
5 of title 14, United States Code, as amended by section 311
of this Act, is further amended by adding at the end the
following:
``97. Procurement of buoy chain.''.
SEC. 1129. CRUISE SHIP LIABILITY.
(a) Applicability of Statutory Limitations.--Section 4283
of the Revised Statutes (46 App. U.S.C. 183) is amended by
adding at the end the following new subsection:
``(g) In a suit by any person in which the operator or
owner of a vessel or employer of a crewmember is claimed to
have vicarious liability for medical malpractice with regard
to a crewmember occurring at a shoreside facility, and to the
extent the damages resulted from the conduct of any shoreside
doctor, hospital, medical facility, or other health care
provider, such operator, owner, or employer shall be entitled
to rely upon any and all statutory limitations of liability
applicable to the doctor, hospital, medical facility, or
other health care provider in the State of the United States
in which the shoreside medical care was provided.''.
(b) Contract Limitations Allowed.--Section 4283b of the
Revised Statutes of the United States (46 App. U.S.C. 183c)
is amended by redesignating the existing text as subsection
(a) and by adding at the end the following new subsection:
``(b)(1) Subsection (a) shall not prohibit provisions or
limitations in contracts, agreements, or ticket conditions of
carriage with passengers which relieve a crewmember, manager,
agent, master, owner, or operator of a vessel from liability
for infliction of emotional distress, mental suffering, or
psychological injury so long as such provisions or
limitations do not limit such liability if the emotional
distress, mental suffering, or psychological injury was--
``(A) the result of physical injury to the claimant caused
by the negligence or fault of a crewmember or the manager,
agent, master, owner, or operator;
``(B) the result of the claimant having been at actual risk
of physical injury, and such risk was caused by the
negligence or fault of a crewmember or the manager, agent,
master, owner, or operator; or
``(C) intentionally inflicted by a crewmember or the
manager, agent, master, owner, or operator.
``(2) Nothing in this subsection is intended to limit the
liability of a crewmember or the manager, agent, master,
owner, or operator of a vessel in a case involving sexual
harassment, sexual assault, or rape.''.
SEC. 1130. SENSE OF CONGRESS ON THE IMPLEMENTATION OF
REGULATIONS REGARDING ANIMAL FATS AND VEGETABLE
OILS.
(a) Sense of Congress.--It is the sense of Congress that,
in an effort to reduce unnecessary regulatory burdens, a
regulation issued or enforced and an interpretation or
guideline established pursuant to Public Law 104-55 should in
any manner possible recognize and provide for the differences
in the physical, chemical, biological, and other properties,
and in the environmental effects, of the classes of fats,
oils, and greases described under that law.
(b) Report.--Within 60 days after the date of enactment of
this section and on January 1 of each year thereafter, the
Secretary of Transportation shall submit a report to Congress
on the extent to which the implementation by the United
States Coast Guard of regulations issued or enforced, or
interpretations or guidelines established, pursuant to public
Law 104-55, carry out the intent of Congress and recognize
and provide for the differences in the physical, chemical,
biological, and other properties, and in the environmental
effects, of the classes of fats, oils, and greases described
under that law.
SEC. 1131. TERM OF DIRECTOR OF THE BUREAU OF TRANSPORTATION
STATISTICS.
Section 111(b)(4) of title 49, United States Code, is
amended by adding at the end the following sentence: ``The
Director may continue to serve after the expiration of the
term until a successor is appointed and confirmed.''.
SEC. 1132. WAIVER OF CERTAIN REQUIREMENTS FOR HISTORIC FORMER
PRESIDENTIAL YACHT SEQUOIA.
The vessel M/V SEQUOIA (United States official number
225115) is deemed to be less than 100 gross tons, and the
Secretary of Transportation may exempt that vessel from
certain requirements of section 3306 of title 46, United
States Code, and the regulations thereunder. The Secretary
may impose special operating restrictions on that vessel as
to route, service, manning, and equipment, necessary for the
safe operation of that vessel.
SEC. 1133. VESSEL REQUIREMENTS.
Section 3503(a) of title 46, United States Code, is amended
by striking the last sentence and inserting in lieu thereof
the following: ``Before November 1, 2008, this section does
not apply to any vessel in operation before January 1, 1968,
and operating only within the Boundary Line.''.
SEC. 1134. EXISTING TANK VESSEL RESEARCH.
(a) Funding.--The Secretary of Transportation shall take
steps to allocate funds appropriated for research,
development, testing, and evaluation, including the
combination of funds from any source available and authorized
for this purpose, to ensure that any Government-sponsored
project intended to evaluate double hull alternatives that
provide equal or greater protection to the marine
environment, or interim solutions to remediate potential
environmental damage resulting from oil spills from existing
tank vessels, commenced prior to the date of enactment of
this section, is fully funded for completion by the end of
fiscal year 1997. Any vessel construction or repair necessary
to carry out the purpose of this section must be performed in
a shipyard located in the United States.
(b) Use of Public Vessels.--The Secretary may provide
vessels owned by, or demise chartered to, and operated by the
Government and not engaged in commercial service, without
reimbursement, for use in and the support of projects
sponsored by the Government for research, development,
testing, evaluation, and demonstration of new or improved
technologies that are effective in preventing or mitigating
oil discharges and protecting the environment.
SEC 1135. PLAN FOR THE ENGINEERING, DESIGN, AND RETROFITTING
OF THE ICEBREAKER MACKINAW.
(a) In General.--Not later than May 1, 1997, the Secretary
of the department in which the Coast Guard is operating shall
submit to the Committees a plan and cost estimate for the
engineering, design, and retrofitting of the icebreaker
MACKINAW (WAGB-83) to equip the vessel with new engines,
command and control features, habitability improvements, and
other features needed to allow operation of the vessel by a
significantly reduced crew, including 24-hour continuous
operation when necessary.
(b) Committees Defined.--In subsection (a), the term
``Committees'' means the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
SEC. 1136. CROSS-BORDER FINANCING.
(a) Documentation of Vessels Owned by Trusts.--Section
12102 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) For the issuance of a certificate of documentation
with only a registry endorsement, subsection (a)(2)(A) of
this section does not apply to a beneficiary of a trust that
is qualified under paragraph (2) of this subsection if the
vessel is subject to a charter to a citizen of the United
States.
``(2)(A) Subject to subparagraph (B) of this paragraph, a
trust is qualified under this paragraph with respect to a
vessel only if--
``(i) each of the trustees is a citizen of the United
States; and
``(ii) the application for documentation of the vessel
includes the affidavit of each trustee stating that the
trustee is not aware of any reason involving a beneficiary of
the trust that is not a citizen of the United States, or
involving any other person that is not a citizen of the
United States, as a result of which the beneficiary or other
person would hold more than 25 percent of the aggregate power
to influence or limit the exercise of the authority of the
trustee with respect to matters involving any ownership or
operation of the vessel that may adversely affect the
interests of the United States.
``(B) If any person that is not a citizen of the United
States has authority to direct or participate in directing a
trustee for a trust in matters involving any ownership or
operation of the vessel that may adversely affect the
interests of the United States or in removing a trustee for a
trust without cause, either directly or indirectly through
the control of another person, the trust is not qualified
under this paragraph unless the trust instrument provides
that persons who are not citizens of the United States may
not hold more than 25 percent of the aggregate authority to
so direct or remove a trustee.
``(3) Paragraph (2) of this subsection shall not be
considered to prohibit a person who is not a citizen of the
United States from holding more than 25 percent of the
beneficial interest in a trust.
``(4) If a person chartering a vessel from a trust that is
qualified under paragraph (2) of this subsection is a citizen
of the United States under section 2 of the Shipping Act,
1916 (46 App. U.S.C. 802), then the vessel is deemed to be
owned by a citizen of the United States for purposes of that
section and related laws, except for subtitle B of title VI
of the Merchant Marine Act, 1936.''.
(b) Approval of Certain Vessel Transactions Before
Documentation of the Vessel.--Section 9 of the Shipping Act,
1916 (46 App. U.S.C. 808) is amended by adding at the end the
following new subsection:
``(e) To promote financing with respect to a vessel to be
documented under chapter 121 of title 46, United States Code,
the Secretary may grant approval under subsection (c) before
the date the vessel is documented.''.
(c) Trust Charterers--Notwithstanding section 12102(d)(4)
of title 46, United States Code, as amended by this section,
for purposes of subtitle B of title VI of the Merchant Marine
Act, 1936 a vessel is deemed to be owned and operated by a
citizen of the United States (as that term is used in that
subtitle) if--
(1) the person chartering the vessel from a trust under
section 12102(d)(2) of that title is a citizen of the United
States under section 2 of the Shipping Act, 1916 (46 App.
U.S.C. 802); and
(2)(A) the vessel--
(i) is delivered by a shipbuilder, following completion of
construction, on or after May 1, 1995 and before January 31,
1996; or
(ii) is owned by a citizen of the United States under
section 2 of the Shipping Act, 1916 on September 1, 1996, or
is a replacement for such a vessel; or
[[Page 2438]]
(B) payments have been made with respect to the vessel
under subtitle B of title VI of the Merchant Marine Act, 1936
for at least 1 year.
(d) Indirect Vessel Owners--Notwithstanding any other
provision of law, for purposes of subtitle B of title VI of
the Merchant Marine Act, 1936 the following vessels are
deemed to be owned and operated by a citizen of the United
States (as that term is used in that subtitle) if the vessels
are owned, directly or indirectly, by a person that is a
citizen of the United States under section 2 of the Shipping
Act, 1916 (46 App. U.S.C. 802):
(1) Any vessel constructed under a shipbuilding contract
signed on December 21, 1995, and having hull number 3077,
3078, 3079, or 3080.
(2) Any vessel delivered by a shipbuilder, following
completion of construction, on or after May 1, 1995, and
before January 31, 1996.
(3) Any vessel owned on September 1, 1996, by a person that
is a citizen of the United States under section 2 of the
Shipping Act, 1916, or a replacement for such a vessel.
(4) Any vessel with respect to which payments have been
made under subtitle B of title VI of the Merchant Marine Act,
1936 for at least 1 year.
SEC. 1137. VESSEL STANDARDS.
(a) Certificate of Inspection.--A vessel used to provide
transportation service as a common carrier which the
Secretary of Transportation determines meets the criteria of
section 651(b) of the Merchant Marine Act, 1936, but which on
the date of enactment of this Act is not a documented vessel
(as that term is defined in section 2101 of title 46, United
States Code), shall be eligible for a certificate of
inspection if the Secretary determines that--
(1) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping or another
classification society accepted by the Secretary;
(2) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming a documented vessel (as defined in that section);
and
(3) that country has not been identified by the Secretary
as inadequately enforcing international vessel regulations as
to that vessel.
(b) Continued Eligibility for Certificate.--Subsection (a)
does not apply to a vessel after any date on which the vessel
fails to comply with the applicable international agreements
and associated guidelines referred to in subsection (a)(2).
(c) Reliance on Classification Society.--
(1) In general.--The Secretary may rely on a certification
from the American Bureau of Shipping or, subject to paragraph
(2), another classification society accepted by the Secretary
to establish that a vessel is in compliance with the
requirements of subsections (a) and (b).
(2) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under paragraph (1) only--
(A) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
(B) if the foreign classification society has offices and
maintains records in the United States.
SEC. 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED
STATES.
(a) In General.--Section 3 of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1903) is amended--
(1) in subsection (c)(2) by striking ``and'' after the
semicolon in subparagraph (A), by striking the period at the
end of subparagraph (B) and inserting ``; and'', and by
adding at the end the following new subparagraph:
``(C) a vessel aboard which the master or person in charge
makes a claim of registry and the claimed nation of registry
does not affirmatively and unequivocally assert that the
vessel is of its nationality.'';
(2) in subsection (c)(1) by striking ``and may be'' and
inserting ``and is conclusively'';
(3) in subsection (c)(2) by striking ``nation may be'' and
inserting ``nation is conclusively'';
(4) in subsection (d) by inserting before the first
sentence the following: ``Any person charged with a violation
of this section shall not have standing to raise the claim of
failure to comply with international law as a basis for a
defense.''; and
(5) by adding at the end of subsection (f) the following:
``Jurisdiction of the United States with respect to vessels
subject to this chapter is not an element of any offense. All
jurisdictional issues arising under this chapter are
preliminary questions of law to be determined solely by the
trial judge.''.
(b) Conforming Amendment.--Subsection (c) of such section
is amended by inserting ``or (C)'' after ``under subparagraph
(A)''.
SEC. 1139. REACTIVATION OF CLOSED SHIPYARDS.
(a) In General.--The Secretary may issue a guarantee or a
commitment to guarantee obligations under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), upon
such terms as the Secretary may prescribe, to assist in the
reactivation and modernization of any shipyard in the United
States that is closed on the date of the enactment of this
Act, if the Secretary finds that--
(1) the closed shipyard historically built military vessels
and responsible entities now seek to reopen it as an
internationally competitive commercial shipyard;
(2)(A) the closed shipyard has been designated by the
President as a public-private partnership project; or
(B) has a reuse plan approved by the Navy in which
commercial shipbuilding and repair are primary activities and
has a revolving economic conversion fund approved by the
Department of Defense; and
(3) the State in which the shipyard is located, and each
other involved State, or a State-chartered agency, is making
a significant financial investment in the overall cost of
reactivation and modernization as its contribution to the
reactivation and modernization project, in addition to the
funds required by subsection (d)(2) of this section.
(b) Waivers.--Notwithstanding any other provision of title
XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.), the Secretary shall not apply the requirements of
section 1104A(d) of that Act when issuing a guarantee or a
commitment to guarantee an obligation under this section.
(c) Conditions.--The Secretary shall impose such conditions
on the issuance of a guarantee or a commitment to guarantee
under this section as are necessary to protect the interests
of the United States from the risk of a default. The
Secretary shall consider the interdependency of such shipyard
modernization and reactivation projects and related vessel
loan guarantee requests pending under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.)
before issuing a guarantee or a commitment to guarantee under
this section.
(d) Funding Provisions.--
(1) The Secretary may not guarantee or commit to guarantee
obligations under this section that exceed $100,000,000 in
the aggregate.
(2) The amount of appropriated funds required by the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in
advance of the Secretary's issuance of a guarantee or a
commitment to guarantee under this section shall be provided
by the State in which the shipyard is located, and other
involved States, or by a State-chartered agency, and
deposited by the Secretary in the financing account
established under the Federal Credit Reform Act of 1990 (2
U.S.C. 661a et seq.) for loan guarantees issued by the
Secretary under title XI of the Merchant Marine Act of 1936
(46 App. U.S.C. 1271 et seq.). No federally appropriated
funds shall be available for this purpose. The funds
deposited into that financing account shall be held and
applied by the Secretary in accordance with the provisions of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et
seq.), except that, unless the Secretary shall have earlier
paid an obligee or been required to pay an obligee pursuant
to the terms of a loan guarantee, the funds deposited in that
financing account shall be returned, upon the expiration of
the Secretary's loan guarantee, to the State, States, or
State-chartered agency which originally provided the funds to
the Secretary.
(3) Notwithstanding the provisions of any other law or
regulation, the cost (as that term is defined by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a
guarantee or commitment to guarantee issued under this
section--
(A) may only be determined with reference to the merits of
the specific closed shipyard reactivation project which is
the subject of that guarantee or commitment to guarantee,
without reference to any other project, type of project, or
averaged risk; and
(B) may not be used in determining the cost of any other
project, type of project, or averaged risk applicable to
guarantees or commitments to guarantee issued under title XI
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.).
(e) Sunset.--No commitment to guarantee obligations under
this section shall be issued by the Secretary after one year
after the date of enactment of this section.
(f) Definition.--As used in this section, the term
``Secretary'' means the Secretary of Transportation.
SEC. 1140. SAKONNET POINT LIGHT.
Notwithstanding any other provision of law, any action in
admiralty brought against a private nonprofit organization
(including any officer, director, employee, or agent of such
organization) for damages or injuries resulting from an
incident occurring after the date of enactment of this Act,
and arising from the operation, maintenance, or
malfunctioning of an aid to navigation operated by the Coast
Guard on or within property or a structure owned by such
nonprofit organization at Sakonnet Point, Little Compton,
Rhode Island, shall be determined exclusively according to
the law of the State in which such property or structure is
located.
SEC. 1141. DREDGING OF RHODE ISLAND WATERWAYS.
The Chief of Engineers of the Army Corps of Engineers, in
conjunction with the Secretary of Transportation and other
relevant agencies, shall--
(1) review the report of the commission convened by the
Governor of Rhode Island on dredging Rhode Island waterways;
and
(2) not later than 120 days after the date of enactment of
this section, submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives any recommendations that the Chief of
Engineers may have concerning the feasibility and
environmental effects of the dredging.
SEC. 1142. INTERIM PAYMENTS.
(a) Damages for Loss of Profits or Impairment of Earning
Capacity.--Section
[[Page 2439]]
1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705) is
amended by--
(1) in the title inserting ``; PARTIAL PAYMENT OF CLAIMS''
before the period; and
(2) adding at the end of subsection (a) the following:
``The responsible party shall establish a procedure for the
payment or settlement of claims for interim, short-term
damages. Payment or settlement of a claim for interim, short-
term damages representing less than the full amount of
damages to which the claimant ultimately may be entitled
shall not preclude recovery by the claimant for damages not
reflected in the paid or settled partial claim.''.
(b) Clarification of Claims Procedure.--Section 1013(d) of
the Oil Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended
by striking ``section'' and inserting the following:
``section, including a claim for interim, short-term damages
representing less than the full amount of damages to which
the claimant ultimately may be entitled,''.
(c) Advertisement.--Section 1014(b) of the Oil Pollution
Act of 1990 (33 U.S.C. 2714(b)) is amended--
(1) by inserting ``(1)'' before ``If''; and
(2) by adding at the end the following new paragraph:
``(2) An advertisement under paragraph (1) shall state that
a claimant may present a claim for interim, short-term
damages representing less than the full amount of damages to
which the claimant ultimately may be entitled and that
payment of such a claim shall not preclude recovery for
damages not reflected in the paid or settled partial
claim.''.
(d) Clarification of Subrogation.--Section 1015(a) of the
Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Interim Damages.--
``(1) In general.--If a responsible party, a guarantor, or
the Fund has made payment to a claimant for interim, short-
term damages representing less than the full amount of
damages to which the claimant ultimately may be entitled,
subrogation under subsection (a) shall apply only with
respect to the portion of the claim reflected in the paid
interim claim.
``(2) Final damages.--Payment of such a claim shall not
foreclose a claimant's right to recovery of all damages to
which the claimant otherwise is entitled under this Act or
under any other law.''.
SEC. 1143. OIL SPILL INFORMATION.
Section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321) is amended--
(1) in subsection (j)(2)(A) by inserting after ``paragraph
(4),'' the following: ``and of information regarding previous
spills, including data from universities, research
institutions, State governments, and other nations, as
appropriate, which shall be disseminated as appropriate to
response groups and area committees, and''; and
(2) in subsection (j)(4)(c)(v) by inserting before
``describe'' the following: ``compile a list of local
scientists, both inside and outside Federal Government
service, with expertise in the environmental effects of
spills of the types of oil typically transported in the area,
who may be contacted to provide information or, where
appropriate, participate in meetings of the scientific
support team convened in response to a spill'', and''.
SEC. 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS.
Section 311(c)(3)(B) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(c)(3)(B)) is amended by striking
``President'' and inserting ``President, except that the
owner or operator may deviate from the applicable response
plan if the President or the Federal On-Scene Coordinator
determines that deviation from the response plan would
provide for a more expeditious or effective response to the
spill or mitigation of its environmental effects''.
SEC. 1145. BRIDGE DEEMED TO UNREASONABLY OBSTRUCT NAVIGATION.
The Sooline & Milwaukee Road Swing Bridge, located in
Oshkosh, Wisconsin, is deemed to unreasonably obstruct
navigation for purposes of the Act of June 21, 1940
(popularly known as the Hobbs Bridge Act; 33 U.S.C. 511 et
seq.).
SEC. 1146. FISHING VESSEL EXEMPTION.
(a) In General.--Chapter 81 of title 46, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8105. Fishing vessel exemption
``Notwithstanding any other provision of law, neither the
International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, nor any
amendment to such convention, shall apply to a fishing
vessel, including a fishing vessel used as a fish tender
vessel.''.
(b) Clerical Amendment.--The table of sections for chapter
81 of title 46, United States Code, is amended by adding at
the end the following:
``8105. Fishing vessel exemption.''.
And the House agree to the same.
From the Committee on Transportation and Infrastructure, for
consideration of the Senate bill and the House amendment, and
modifications committed to conference:
Bud Shuster,
Don Young,
Howard Coble,
Tillie K. Fowler,
Bill Baker,
James L. Oberstar,
Bob Clement,
Glenn Poshard,
From the Committee on the Judiciary, for consideration of
sec. 901 of the Senate bill, and sec. 430 of the House
amendment, and modifications committed to conference:
Henry Hyde,
Bill McCollum,
Managers on the Part of the House.
From the Committee on Commerce, Science, and Transportation:
Larry Pressler,
Ted Stevens,
Slade Gorton,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
John Ashcroft,
Spencer Abraham,
Fritz Hollings,
Daniel Inouye,
John F. Kerry,
John Breaux,
Byron L. Dorgan,
Ron Wyden,
From the Committee on Environment and Public Works:
John H. Chafee,
John Warner,
Bob Smith,
Lauch Faircloth,
Jim Inhofe,
Max Baucus,
Frank R. Lautenberg,
Joe Lieberman,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection and, under the operation
thereof, the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.41 private calendar transferred
On motion of Mr. SENSENBRENNER, by unanimous consent,
Ordered, That business in order under clause 6, rule XXIV, the Private
Calendar rule, be in order today.
para.116.42 private calendar
Pursuant to clause 6, rule XXIV and the foregoing special order,
The SPEAKER pro tempore, Mr. HASTINGS of Washington, directed the
Private Calendar to be called.
When,
para.116.43 bills passed
The bills of the following titles were severally considered, read
twice; the amendments following each were agreed to, and the bills, as
amended, were ordered to be engrossed and read a third time, were
severally read a third time by title, and passed:
H.R. 1031. A bill for the relief of Oscar Salas-Velazquez.
Amendment offered by the Committee on the Judiciary:
Strike out all after the enacting clause and insert;
SECTION 1. WAIVER OF GROUNDS FOR DISAPPROVAL OF REQUESTS FOR
CLASSIFICATION AND ADJUSTMENT OF STATUS.
(a) In General.--Notwithstanding section 204(c) of the
Immigration and Nationality Act, the Attorney General may not
disapprove a petition for classification of Oscar Salas-
Velazquez under section 201(b)(2)(A)(i) of such Act, or an
application for adjustment of the status of Oscar Salas-
Velazquez under section 245 of such Act, on any ground
relating to a determination that the marriage of Oscar Salas-
Velazquez and Jennifer Christine Brady was entered into for
the purpose of evading the immigration laws.
(b) Waiver of Inadmissibility.--Notwithstanding
subparagraphs (A), (B), and (C) of section 212(a)(6) of the
Immigration and Nationality Act, Oscar Salas-Velazquez may
not be considered to be within a class of excludable aliens
at any time on or after the date of the enactment of this Act
on any ground relating to--
(1) a determination that the marriage of Oscar Salas-
Velazquez and Jennifer Christine Brady was entered into for
the purpose of evading the immigration laws; or
(2) the deportation of Oscar Salas-Velazquez on February 9,
1995.
(c) Denial of Preferential Immigration Treatment for
Certain Relatives.--The natural parents, brothers, and
sisters of Oscar Salas-Velazquez shall not, by virtue of such
relationship, be accorded any right, privilege, or status
under the Immigration and Nationality act.
(d) Reduction of Immigrant Visa Number.--Upon the granting
of an immigrant visa or permanent residence to Oscar Salas-
Velazquez, the Secretary of State shall instruct the proper
officer to reduce by 1, for the current or next following
fiscal year, the worldwide level of family-sponsored
immigrants under section 201(c)(1)(A) of the Immigration and
Nationality Act.
[[Page 2440]]
H.R. 1087. A bill for the relief of Nguyen Quy An and Nguyen Ngoe Kim
Quy.
Amendment offered by the Committee on the Judiciary:
Strike out all after the enacting clause and insert:
SECTION 1. WAIVER OF CERTAIN NATURALIZATION REQUIREMENTS FOR
NGUYEN QUY AN.
(a) In General.--Notwithstanding the inability of Nguyen
Quy An to meet the requirements of section 316 of the
Immigration and Nationality Act that relate to having the
status of an alien lawfully admitted for permanent residence,
and residence and physical presence in the United States, if
otherwise qualified he shall be considered eligible for
naturalization and, upon filing an application for
naturalization and being administered the oath of
renunciation and allegiance pursuant to section 337 of such
Act, shall be naturalized as a citizen of the United States.
(b) Deadline for Application and Payment of Fee.--
Subsection (a) shall apply only if the application for
naturalization is filed with appropriate fees within 2 years
after the date of the enactment of this Act.
Ordered, That the Clerk request the concurrence of the Senate in said
bills, severally.
para.116.44 bills passed over
By unanimous consent, the bill of the following title was passed over
without prejudice and retains its place on the Private Calendar:
H.R. 4025. A bill for the relief of the estate of Gail E. Dobert.
Motions severally made to reconsider the votes whereby each bill on
the Private Calendar was disposed of today were, by unanimous consent,
laid on the table.
para.116.45 operation sail
On motion of Mr. GILMAN, by unanimous consent, the joint resolution of
the Senate (S.J. Res. 64) to commend Operation Sail for its advancement
of brotherhood among nations, its continuing commemoration of the
history of the United States, and its nurturing of young cadets through
training in seamanship; was taken from the Speaker's table.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.116.46 civil service reform
On motion of Mr. MICA, by unanimous consent, the Committee of the
Whole House on the state of the Union was discharged from further
consideration of the bill (H.R. 3841) to amend the civil service laws of
the United States, and for other purposes.
When said bill was considered and read twice.
The following amendment, recommended by the Committee on Government
Reform and Oversight, was then agreed to:
Strike out all after the enacting clause and insert in lieu
thereof:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Omnibus
Civil Service Reform Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DEMONSTRATION PROJECTS
Sec. 101. Demonstration projects.
TITLE II--PERFORMANCE MANAGEMENT ENHANCEMENT
Sec. 201. No appeal of denial of periodic step-increases.
Sec. 202. Performance appraisals.
Sec. 203. Amendments to incentive awards authority.
Sec. 204. Due process rights of managers under negotiated grievance
procedures.
Sec. 205. Collection and reporting of training information.
TITLE III--ENHANCEMENT OF THRIFT SAVINGS PLAN AND CERTAIN OTHER
BENEFITS
Sec. 301. Loans under the Thrift Savings Plan for furloughed employees.
Sec. 302. Domestic relations orders.
Sec. 303. Unreduced additional optional life insurance.
TITLE IV--REORGANIZATION FLEXIBILITY
Sec. 401. Voluntary reductions in force.
Sec. 402. Nonreimbursable details to Federal agencies before a
reduction in force.
TITLE V--SOFT-LANDING PROVISIONS
Sec. 501. Temporary continuation of Federal employees' life insurance.
Sec. 502. Continued eligibility for health insurance.
Sec. 503. Job placement and counseling services.
Sec. 504. Education and retraining incentives.
TITLE VI--MISCELLANEOUS
Sec. 601. Reimbursements relating to professional liability insurance.
Sec. 602. Employment rights following conversion to contract.
Sec. 603. Debarment of health care providers found to have engaged in
fraudulent practices.
Sec. 604. Consistent coverage for individuals enrolled in a health plan
administered by the Federal banking agencies.
Sec. 605. Amendment to Public Law 104-134.
Sec. 606. Miscellaneous amendments relating to the health benefits
program for Federal employees.
Sec. 607. Pay for certain positions formerly classified at GS-18.
Sec. 608. Repeal of section 1307 of title 5 of the United States Code.
Sec. 609. Extension of certain procedural and appeal rights to certain
personnel of the Federal Bureau of Investigation.
TITLE I--DEMONSTRATION PROJECTS
SEC. 101. DEMONSTRATION PROJECTS.
(a) Definitions.--Paragraph (1) of section 4701(a) of title
5, United States Code, is amended by striking subparagraph
(A) and by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(b) Pre-Implementation Procedures.--Subsection (b) of
section 4703 of title 5, United States Code, is amended to
read as follows:
``(b) Before an agency or the Office may conduct or enter
into any agreement or contract to conduct a demonstration
project, the Office--
``(1) shall develop or approve a plan for such project
which identifies--
``(A) the purposes of the project;
``(B) the methodology;
``(C) the duration; and
``(D) the methodology and criteria for evaluation;
``(2) shall publish the plan in the Federal Register;
``(3) may solicit comments from the public and interested
parties in such manner as the Office considers appropriate;
``(4) shall obtain approval from each agency involved of
the final version of the plan; and
``(5) shall provide notification of the proposed project,
at least 30 days in advance of the date any project proposed
under this section is to take effect--
``(A) to employees who are likely to be affected by the
project; and
``(B) to each House of the Congress.''.
(c) Nonwaivable Provisions.--Section 4703(c) of title 5,
United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) any provision of subchapter V of chapter 63 or
subpart G of part III of this title;''; and
(2) by striking paragraph (3) and inserting the following:
``(3) any provision of chapter 15 or subchapter II or III
of chapter 73 of this title;''.
(d) Limitations.--Subsection (d) of section 4703 of title
5, United States Code, is amended to read as follows:
``(d)(1) Each demonstration project shall terminate before
the end of the 5-year period beginning on the date on which
the project takes effect, except that the project may
continue for a maximum of 2 years beyond the date to the
extent necessary to validate the results of the project.
``(2)(A) Not more than 15 active demonstration projects may
be in effect at any time, and of the projects in effect at
any time, not more than 5 may involve 5,000 or more
individuals each.
``(B) Individuals in a control group necessary to validate
the results of a project shall not, for purposes of any
determination under subparagraph (A), be considered to be
involved in such project.''.
(e) Evaluations.--Subsection (h) of section 4703 of title
5, United States Code, is amended by adding at the end the
following: ``The Office may, with respect to a demonstration
project conducted by another agency, require that the
preceding sentence be carried out by such other agency.''.
(f) Provisions for Termination of Project or Making It
Permanent.--Section 4703 of title 5, United States Code, is
amended--
(1) in subsection (i) by inserting ``by the Office'' after
``undertaken''; and
(2) by adding at the end the following:
``(j)(1) If the Office determines that termination of a
demonstration project (whether under subsection (e) or
otherwise) would result in the inequitable treatment of
employees who participated in the project, the Office shall
take such corrective action as is within its authority. If
the Office determines that legislation is necessary to
correct an inequity, it shall submit an appropriate
legislative proposal to both Houses of Congress.
``(2) If the Office determines that a demonstration project
should be made permanent, it shall submit an appropriate
legislative proposal to both Houses of Congress.''.
[[Page 2441]]
TITLE II--PERFORMANCE MANAGEMENT ENHANCEMENT
SEC. 201. NO APPEAL OF DENIAL OF PERIODIC STEP-INCREASES.
(a) In General.--Section 5335(c) of title 5, United States
Code, is amended--
(1) by striking the second sentence;
(2) in the third sentence by striking ``or appeal''; and
(3) in the last sentence by striking ``and the entitlement
of the employee to appeal to the Board do not apply'' and
inserting ``does not apply''.
(b) Performance Ratings.--Section 5335 of title 5, United
States Code, as amended by subsection (a), is further
amended--
(1) in subsection (a)(B) by striking ``work of the employee
is of an acceptable level of competence'' and inserting
``performance of the employee is at least fully successful'';
(2) in subsection (c)--
(A) in the first sentence by striking ``work of an employee
is not of an acceptable level of competence,'' and inserting
``performance of an employee is not at least fully
successful,''; and
(B) in the last sentence by striking ``acceptable level of
competence'' and inserting ``fully successful work
performance''; and
(3) by adding at the end the following:
``(g) For purposes of this section, the term `fully
successful' denotes work performance that satisfies the
requirements of section 351.504(d)(3)(D) of title 5 of the
Code of Federal Regulations (as deemed to be amended by
section 3502(g)(2)(B)).''.
SEC. 202. PERFORMANCE APPRAISALS.
(a) In General.--Section 4302 of title 5, United States
Code, is amended--
(1) in subsection (b) by striking paragraphs (5) and (6)
and inserting the following:
``(5) assisting employees in improving unacceptable
performance, except in circumstances described in subsection
(c); and
``(6) reassigning, reducing in grade, removing, or taking
other appropriate action against employees whose performance
is unacceptable.''; and
(2) by adding at the end the following:
``(c) Upon notification of unacceptable performance, an
employee shall be afforded an opportunity to demonstrate
acceptable performance before a reduction in grade or removal
may be proposed under section 4303 based on such performance,
except that an employee so afforded such an opportunity shall
not be afforded any further opportunity to demonstrate
acceptable performance if the employee's performance again is
determined to be at an unacceptable level.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), this section and
the amendments made by this section shall take effect 180
days after the date of the enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply in the case of any proposed action as to which the
employee receives advance written notice, in accordance with
section 4303(b)(1)(A) of title 5, United States Code, before
the effective date of this section.
SEC. 203. AMENDMENTS TO INCENTIVE AWARDS AUTHORITY.
Chapter 45 of title 5, United States Code, is amended--
(1) by amending section 4501 to read as follows:
``Sec. 4501. Definitions
``For the purpose of this subchapter--
``(1) the term `agency' means--
``(A) an Executive agency;
``(B) the Library of Congress;
``(C) the Office of the Architect of the Capitol;
``(D) the Botanic Garden;
``(E) the Government Printing Office; and
``(F) the United States Sentencing Commission;
but does not include--
``(i) the Tennessee Valley Authority; or
``(ii) the Central Bank for Cooperatives;
``(2) the term `employee' means an employee as defined by
section 2105; and
``(3) the term `Government' means the Government of the
United States.'';
(2) by amending section 4503 to read as follows:
``Sec. 4503. Agency awards
``(a) The head of an agency may pay a cash award to, and
incur necessary expense for the honorary recognition of, an
employee who--
``(1) by his suggestion, invention, superior
accomplishment, or other personal effort, contributes to the
efficiency, economy, or other improvement of Government
operations or achieves a significant reduction in paperwork;
or
``(2) performs a special act or service in the public
interest in connection with or related to his official
employment.
``(b)(1) If the criteria under paragraph (1) or (2) of
subsection (a) are met on the basis of the suggestion,
invention, superior accomplishment, act, service, or other
meritorious effort of a group of employees collectively, and
if the circumstances so warrant (such as by reason of the
infeasibility of determining the relative role or
contribution assignable to each employee separately),
authority under subsection (a) may be exercised--
``(A) based on the collective efforts of the group; and
``(B) with respect to each member of such group.
``(2) The amount awarded to each member of a group under
this subsection--
``(A) shall be the same for all members of such group,
except that such amount may be prorated to reflect
differences in the period of time during which an individual
was a member of the group; and
``(B) may not exceed the maximum cash award allowable under
subsection (a) or (b) of section 4502, as applicable.''; and
(3) in subsection (a)(1) of section 4505a by striking ``at
the fully successful level or higher'' and inserting ``higher
than the fully successful level''.
SEC. 204. DUE PROCESS RIGHTS OF MANAGERS UNDER NEGOTIATED
GRIEVANCE PROCEDURES.
(a) In General.--Paragraph (2) of section 7121(b) of title
5, United States Code, is amended to read as follows:
``(2) The provisions of a negotiated grievance procedure
providing for binding arbitration in accordance with
paragraph (1)(C)(iii) shall, if or to the extent that an
alleged prohibited personnel practice is involved, allow the
arbitrator to order a stay of any personnel action in a
manner similar to the manner described in section 1221(c)
with respect to the Merit Systems Protection Board.''.
(b) Effective Date.--The amendment made by subsection (a)--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply with respect to orders issued on or after
the date of the enactment of this Act, notwithstanding the
provisions of any collective bargaining agreement.
SEC. 205. COLLECTION AND REPORTING OF TRAINING INFORMATION.
(a) Training Within Government.--The Office of Personnel
Management shall collect information concerning training
programs, plans, and methods utilized by agencies of the
Government and submit a report to the Congress on this
activity on an annual basis.
(b) Training Outside of Government.--The Office of
Personnel Management, to the extent it considers appropriate
in the public interest, may collect information concerning
training programs, plans, and methods utilized outside the
Government. The Office, on request, may make such information
available to an agency and to Congress.
TITLE III--ENHANCEMENT OF THRIFT SAVINGS PLAN AND CERTAIN OTHER
BENEFITS
SEC. 301. LOANS UNDER THE THRIFT SAVINGS PLAN FOR FURLOUGHED
EMPLOYEES.
Section 8433(g) of title 5, United States Code, is amended
by adding at the end the following:
``(6) An employee who has been furloughed due to a lapse in
appropriations may not be denied a loan under this subsection
solely because such employee is not in a pay status.''.
SEC. 302. DOMESTIC RELATIONS ORDERS.
(a) In General.--Section 8705 of title 5, United States
Code, is amended--
(1) in subsection (a) by striking ``(a) The'' and inserting
``(a) Except as provided in subsection (e), the''; and
(2) by adding at the end the following:
``(e)(1) Any amount which would otherwise be paid to a
person determined under the order of precedence named by
subsection (a) shall be paid (in whole or in part) by the
Office to another person if and to the extent expressly
provided for in the terms of any court decree of divorce,
annulment, or legal separation, or the terms of any court
order or court-approved property settlement agreement
incident to any court decree of divorce, annulment, or legal
separation.
``(2) For purposes of this subsection, a decree, order, or
agreement referred to in paragraph (1) shall not be effective
unless it is received, before the date of the covered
employee's death, by the employing agency or, if the employee
has separated from service, by the Office.
``(3) A designation under this subsection with respect to
any person may not be changed except--
``(A) with the written consent of such person, if received
as described in paragraph (2); or
``(B) by modification of the decree, order, or agreement,
as the case may be, if received as described in paragraph
(2).
``(4) The Office shall prescribe any regulations necessary
to carry out this subsection, including regulations for the
application of this subsection in the event that 2 or more
decrees, orders, or agreements, are received with respect to
the same amount.''.
(b) Directed Assignment.--Section 8706(e) of title 5,
United States Code, is amended--
(1) by striking ``(e)'' and inserting ``(e)(1)''; and
(2) by adding at the end the following:
``(2) A court decree of divorce, annulment, or legal
separation, or the terms of a court-approved property
settlement agreement incidental to any court decree of
divorce, annulment, or legal separation, may direct that an
insured employee or former employee make an irrevocable
assignment of the employee's or former employee's incidents
of ownership in insurance under this chapter (if there is no
previous assignment) to the person specified in the court
order or court-approved property settlement agreement.''.
SEC. 303. UNREDUCED ADDITIONAL OPTIONAL LIFE INSURANCE.
(a) In General.--Section 8714b of title 5, United States
Code, is amended--
(1) in subsection (c)--
(A) by striking the last 2 sentences of paragraph (2); and
(B) by adding at the end the following:
``(3) The amount of additional optional insurance continued
under paragraph (2) shall be continued, with or without
reduction, in accordance with the employee's written elec
[[Page 2442]]
tion at the time eligibility to continue insurance during
retirement or receipt of compensation arises, as follows:
``(A) The employee may elect to have withholdings cease in
accordance with subsection (d), in which case--
``(i) the amount of additional optional insurance continued
under paragraph (2) shall be reduced each month by 2 percent
effective at the beginning of the second calendar month after
the date the employee becomes 65 years of age and is retired
or is in receipt of compensation; and
``(ii) the reduction under clause (i) shall continue for 50
months at which time the insurance shall stop.
``(B) The employee may, instead of the option under
subparagraph (A), elect to have the full cost of additional
optional insurance continue to be withheld from such
employee's annuity or compensation on and after the date such
withholdings would otherwise cease pursuant to an election
under subparagraph (A), in which case the amount of
additional optional insurance continued under paragraph (2)
shall not be reduced, subject to paragraph (4).
``(C) An employee who does not make any election under the
preceding provisions of this paragraph shall be treated as if
such employee had made an election under subparagraph (A).
``(4) If an employee makes an election under paragraph
(3)(B), that individual may subsequently cancel such
election, in which case additional optional insurance shall
be determined as if the individual had originally made an
election under paragraph (3)(A).''; and
(2) in the second sentence of subsection (d)(1) by
inserting ``if insurance is continued as provided in
subparagraph (A) of paragraph (3),'' after ``except that,''.
(b) Effective Date.--The amendments made by this section
shall take effect on the 120th day after the date of the
enactment of this Act and shall apply to employees who become
eligible, on or after such 120th day, to continue additional
optional insurance during retirement or receipt of
compensation.
TITLE IV--REORGANIZATION FLEXIBILITY
SEC. 401. VOLUNTARY REDUCTIONS IN FORCE.
Section 3502(f) of title 5, United States Code, is amended
to read as follows:
``(f)(1) The head of an Executive agency or military
department may, in accordance with regulations prescribed by
the Office of Personnel Management--
``(A) separate from service any employee who volunteers to
be separated under this subparagraph even though the employee
is not otherwise subject to separation due to a reduction in
force; and
``(B) for each employee voluntarily separated under
subparagraph (A), retain an employee in a similar position
who would otherwise be separated due to a reduction in force.
``(2) The separation of an employee under paragraph (1)(A)
shall be treated as an involuntary separation due to a
reduction in force, except for purposes of priority placement
programs and advance notice.
``(3) An employee with critical knowledge and skills (as
defined by the head of the Executive agency or military
department concerned) may not participate in a voluntary
separation under paragraph (1)(A) if the agency or department
head concerned determines that such participation would
impair the performance of the mission of the agency or
department (as applicable).
``(4) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) No authority under paragraph (1) may be exercised
after September 30, 2001.''.
SEC. 402. NONREIMBURSABLE DETAILS TO FEDERAL AGENCIES BEFORE
A REDUCTION IN FORCE.
(a) In General.--Section 3341 of title 5, United States
Code, is amended to read as follows:
``Sec. 3341. Details; within Executive agencies and military
departments; employees affected by reduction in force
``(a) The head of an Executive agency or military
department may detail employees, except those required by law
to be engaged exclusively in some specific work, among the
bureaus and offices of the agency or department.
``(b) The head of an Executive agency or military
department may detail to duties in the same or another agency
or department, on a nonreimbursable basis, an employee who
has been identified by the employing agency as likely to be
separated from the Federal service by reduction in force or
who has received a specific notice of separation by reduction
in force.
``(c)(1) Details under subsection (a)--
``(A) may not be for periods exceeding 120 days; and
``(B) may be renewed (1 or more times) by written order of
the head of the agency or department, in each particular
case, for periods not exceeding 120 days each.
``(2) Details under subsection (b)--
``(A) may not be for periods exceeding 90 days; and
``(B) may not be renewed.
``(d) The 120-day limitation under subsection (c)(1) for
details and renewals of details does not apply to the
Department of Defense in the case of a detail--
``(1) made in connection with the closure or realignment of
a military installation pursuant to a base closure law or an
organizational restructuring of the Department as part of a
reduction in the size of the armed forces or the civilian
workforce of the Department; and
``(2) in which the position to which the employee is
detailed is eliminated on or before the date of the closure,
realignment, or restructuring.
``(e) For purposes of this section--
``(1) the term `base closure law' means--
``(A) section 2687 of title 10;
``(B) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act; and
``(C) the Defense Base Closure and Realignment Act of 1990;
and
``(2) the term `military installation'--
``(A) in the case of an installation covered by section
2687 of title 10, has the meaning given such term in
subsection (e)(1) of such section;
``(B) in the case of an installation covered by the Act
referred to in subparagraph (B) of paragraph (1), has the
meaning given such term in section 209(6) of such Act; and
``(C) in the case of an installation covered by the Act
referred to in subparagraph (C) of paragraph (1), has the
meaning given such term in section 2910(4) of such Act.''.
(b) Clerical Amendment.--The table of sections for chapter
33 of title 5, United States Code, is amended by striking the
item relating to section 3341 and inserting the following:
``3341. Details; within Executive agencies and military departments;
employees affected by reduction in force.''.
(c) Effective Date.--The amendments made by this section
shall take effect 30 days after the date of the enactment of
this Act.
TITLE V--SOFT-LANDING PROVISIONS
SEC. 501. TEMPORARY CONTINUATION OF FEDERAL EMPLOYEES' LIFE
INSURANCE.
Section 8706 of title 5, United States Code, is amended by
adding at the end the following:
``(g)(1) Notwithstanding subsections (a) and (b) of this
section, an employee whose coverage under this chapter would
otherwise terminate due to a separation described in
paragraph (3) shall be eligible to continue basic insurance
coverage described in section 8704 in accordance with this
subsection and regulations the Office may prescribe, if the
employee arranges to pay currently into the Employees Life
Insurance Fund, through the former employing agency or, if an
annuitant, through the responsible retirement system, an
amount equal to the sum of--
``(A) both employee and agency contributions which would be
payable if separation had not occurred; plus
``(B) an amount, determined under regulations prescribed by
the Office, to cover necessary administrative expenses, but
not to exceed 2 percent of the total amount under
subparagraph (A).
``(2) Continued coverage under this subsection may not
extend beyond the date which is 18 months after the effective
date of the separation which entitles a former employee to
coverage under this subsection. Termination of continued
coverage under this subsection shall be subject to provision
for temporary extension of life insurance coverage and for
conversion to an individual policy of life insurance as
provided by subsection (a). If an eligible employee does not
make an election for purposes of this subsection, the
employee's insurance will terminate as provided by subsection
(a).
``(3)(A) This subsection shall apply to an employee who, on
or after the date of enactment of this subsection and before
the applicable date under subparagraph (B)--
``(i) is involuntarily separated from a position due to a
reduction in force, or separates voluntarily from a position
the employing agency determines is a `surplus position' as
defined by section 8905(d)(4)(C); and
``(ii) is insured for basic insurance under this chapter on
the date of separation.
``(B) The applicable date under this subparagraph is
October 1, 2001, except that, for purposes of any involuntary
separation referred to in subparagraph (A) with respect to
which appropriate specific notice is afforded to the affected
employee before October 1, 2001, the applicable date under
this subparagraph is February 1, 2002.''.
SEC. 502. CONTINUED ELIGIBILITY FOR HEALTH INSURANCE.
(a) Continued Eligibility After Retirement.--Section 8905
of title 5, United States Code, is amended--
(1) in the first sentence of subsection (b) by striking
``An'' and inserting ``Subject to subsection (g), an''; and
(2) by adding at the end the following:
``(g)(1) The Office shall waive the requirements for
continued enrollment under subsection (b) in the case of any
individual who, on or after the date of the enactment of this
subsection and before the applicable date under paragraph
(2)--
``(A) is involuntarily separated from a position, or
voluntarily separated from a surplus position, in or under an
Executive agency due to a reduction in force,
``(B) based on the separation referred to in subparagraph
(A), retires on an immediate annuity under subchapter III of
chapter 83 or subchapter II of chapter 84, and
``(C) is enrolled in a health benefits plan under this
chapter as an employee immediately before retirement.
``(2) The applicable date under this paragraph is October
1, 2001, except that, for purposes of any involuntary
separation referred to in paragraph (1)(A) with respect to
which appropriate specific notice is afforded to the affected
employee before October 1, 2001, the applicable date under
this paragraph is February 1, 2002.
[[Page 2443]]
``(3) For purposes of this subsection, the term `surplus
position', with respect to an agency, means any position
determined in accordance with regulations under section
8905a(d)(4)(C) for such agency.''.
(b) Temporary Continued Eligibility After Being
Involuntarily Separated.--Section 8905a(d)(4) of title 5,
United States Code, is amended--
(1) in subparagraph (A) by striking ``the Department of
Defense'' and inserting ``an Executive agency''; and
(2) by amending subparagraph (C) to read as follows:
``(C) For purposes of this paragraph, the term `surplus
position' means a position that, as determined under
regulations prescribed by the head of the agency involved, is
identified during planning for a reduction in force as being
no longer required and is designated for elimination during
the reduction in force.''.
SEC. 503. JOB PLACEMENT AND COUNSELING SERVICES.
(a) Authority for Services.--The head of each Executive
agency may establish a program to provide job placement and
counseling services to current and former employees.
(b) Types of Services Authorized.--A program established
under this section may include such services as--
(1) career and personal counseling;
(2) training in job search skills; and
(3) job placement assistance, including assistance provided
through cooperative arrangements with State and local
employment service offices.
(c) Eligibility for Services.--Services authorized by this
section may be provided to--
(1) current employees of the agency or, with the approval
of such other agency, any other agency; and
(2) employees of the agency or, with the approval of such
other agency, any other agency who have been separated for
less than 1 year, if the separation was not a removal for
cause on charges of misconduct or delinquency.
(d) Reimbursement for Costs.--The costs of services
provided to current or former employees of another agency
shall be reimbursed by that agency.
SEC. 504. EDUCATION AND RETRAINING INCENTIVES.
(a) Non-Federal Employment Incentive Payments.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``eligible employee'' means an employee who is
involuntarily separated from a position, or voluntarily
separated from a surplus position, in or under an Executive
agency due to a reduction in force, except that such term
does not include an employee who, at the time of separation,
meets the age and service requirements for an immediate
annuity under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, other than under section 8336(d)
or 8414(b) of such title;
(B) the term ``non-Federal employer'' means an employer
other than the Government of the United States or any agency
or other instrumentality thereof;
(C) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code; and
(D) the term ``surplus position'' has the meaning given
such term by section 8905(d)(4)(C) of title 5, United States
Code.
(2) Authority.--The head of an Executive agency may pay
retraining and relocation incentive payments, in accordance
with this subsection, in order to facilitate the reemployment
of eligible employees who are separated from such agency.
(3) Retraining incentive payment.--
(A) Agreement.--The head of an Executive agency may enter
into an agreement with a non-Federal employer under which the
non-Federal employer agrees--
(i) to employ an individual referred to in paragraph (2)
for at least 12 months for a salary which is mutually
agreeable to the employer and such individual; and
(ii) to certify to the agency head any costs incurred by
the employer for any necessary training provided to such
individual in connection with the employment by such
employer.
(B) Payment of retraining incentive payment.--The agency
head shall pay a retraining incentive payment to the non-
Federal employer upon the employee's completion of 12 months
of continuous employment by that employer. The agency head
shall prescribe the amount of the incentive payment.
(C) Proration rule.--The agency head shall pay a prorated
amount of the full retraining incentive payment to the non-
Federal employer for an employee who does not remain employed
by the non-Federal employer for at least 12 months, but only
if the employee remains so employed for at least 6 months.
(D) Limitation.--In no event may the amount of the
retraining incentive payment paid for the training of any
individual exceed the amount certified for such individual
under subparagraph (A), subject to subsection (c).
(4) Relocation incentive payment.--The head of an agency
may pay a relocation incentive payment to an eligible
employee if it is necessary for the employee to relocate in
order to commence employment with a non-Federal employer.
Subject to subsection (e), the amount of the incentive
payment shall not exceed the amount that would be payable for
travel, transportation, and subsistence expenses under
subchapter II of chapter 57 of title 5, United States Code,
including any reimbursement authorized under section 5724b of
such title, to a Federal employee who transfers between the
same locations as the individual to whom the incentive
payment is payable.
(5) Duration.--No incentive payment may be paid for
training or relocation commencing after June 30, 2002.
(6) Source.--An incentive payment under this subsection
shall be payable from appropriations or other funds available
to the agency for purposes of training (within the meaning of
section 4101(4) of title 5, United States Code).
(b) Educational Assistance.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``eligible employee'' means an eligible
employee, within the meaning of subsection (a), who --
(i) is employed full-time on a permanent basis;
(ii) has completed at least 3 years of current continuous
service in any Executive agency or agencies; and
(iii) is admitted to an institution of higher education
within 1 year after separation;
(B) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code;
(C) the term ``educational assistance'' means payments for
educational assistance as provided in section 127(c)(1) of
the Internal Revenue Code of 1986 (26 U.S.C. 127(c)(1)); and
(D) the term ``institution of higher education'' has the
meaning given such term by section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(2) Authority.--Under regulations prescribed by the Office
of Personnel Management, and subject to the limitations under
subsection (c), the head of an Executive agency may, in his
or her discretion, provide educational assistance under this
subsection to an eligible employee for a program of education
at an institution of higher education after the separation of
the employee.
(3) Duration.--No educational assistance under this
subsection may be paid later than 10 years after the
separation of the eligible employee.
(4) Source.--Educational assistance payments shall be
payable from appropriations or other funds which would have
been used to pay the salary of the eligible employee if the
employee had not separated.
(5) Regulations.--The Office of Personnel Management shall
prescribe regulations for the administration of this
subsection. Such regulations shall provide that educational
assistance payments shall be limited to amounts necessary for
current tuition and fees only.
(c) Limitations.--
(1) Aggregate limitation.--No incentive payment or
educational assistance payment may be paid under this section
to or on behalf of any individual to the extent that such
amount would cause the aggregate amount otherwise paid or
payable under this section, to or on behalf of such
individual, to exceed $10,000.
(2) Limitation relating to educational assistance.--The
total amount paid under subsection (b) to any individual--
(A) may not exceed $6,000 if the individual has at least 3
but less than 4 years of qualifying service; and
(B) may not exceed $8,000 if the individual has at least 4
but less than 5 years of qualifying service.
(3) Qualifying service.--For purposes of paragraph (2), the
term ``qualifying service'' means service performed as an
employee, within the meaning of section 2105 of title 5,
United States Code, on a permanent full-time or permanent
part-time basis (counting part-time service on a prorated
basis).
TITLE VI--MISCELLANEOUS
SEC. 601. REIMBURSEMENTS RELATING TO PROFESSIONAL LIABILITY
INSURANCE.
(a) Authority.--Notwithstanding any other provision of law,
any amounts appropriated, for fiscal year 1997 or any fiscal
year thereafter, for salaries and expenses of Government
employees may be used to reimburse any qualified employee for
not to exceed one-half the costs incurred by such employee
for professional liability insurance. A payment under this
section shall be contingent upon the submission of such
information or documentation as the employing agency may
require.
(b) Qualified Employee.--For purposes of this section, the
term ``qualified employee'' means--
(1) an agency employee whose position is that of a law
enforcement officer;
(2) an agency employee whose position is that of a
supervisor or management official; or
(3) such other employee as the head of the agency considers
appropriate
(c) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code;
(2) the term ``law enforcement officer'' means an employee,
the duties of whose position are primarily the investigation,
apprehension, prosecution, or detention of individuals
suspected or convicted of offenses against the criminal laws
of the United States, including any law enforcement officer
under section 8331(20) or 8401(17) of such title 5;
(3) the terms ``supervisor'' and ``management official''
have the respective meanings given them by section 7103(a) of
such title 5; and
[[Page 2444]]
(4) the term ``professional liability insurance'' means
insurance which provides coverage for--
(A) legal liability for damages due to injuries to other
persons, damage to their property, or other damage or loss to
such other persons (including the expenses of litigation and
settlement) resulting from or arising out of any tortious
act, error, or omission of the covered individual (whether
common law, statutory, or constitutional) while in the
performance of such individual's official duties as a
qualified employee; and
(B) the cost of legal representation for the covered
individual in connection with any administrative or judicial
proceeding (including any investigation or disciplinary
proceeding) relating to any act, error, or omission of the
covered individual while in the performance of such
individual's official duties as a qualified employee, and
other legal costs and fees relating to any such
administrative or judicial proceeding.
(d) Policy Limits.--
(1) In general.--Reimbursement under this section shall not
be available except in the case of any professional liability
insurance policy providing for--
(A) not to exceed $1,000,000 of coverage for legal
liability (as described in subsection (c)(4)(A)) per
occurrence per year; and
(B) not to exceed $100,000 of coverage for the cost of
legal representation (as described in subsection (c)(4)(B))
per occurrence per year.
(2) Adjustments.--The head of an agency may from time to
time adjust the respective dollar amount limitations
applicable under this subsection to the extent that the head
of such agency considers appropriate to reflect inflation.
SEC. 602. EMPLOYMENT RIGHTS FOLLOWING CONVERSION TO CONTRACT.
(a) In General.--An employee whose position is abolished
because an activity performed by an Executive agency (within
the meaning of section 105 of title 5, United States Code) is
converted to contract shall receive from the contractor an
offer in good faith of a right of first refusal of employment
under the contract for a position for which the employee is
deemed qualified based upon previous knowledge, skills,
abilities, and experience. The contractor shall not offer
employment under the contract to any person prior to having
complied fully with this obligation, except as provided in
subsection (b), or unless no employee whose position is
abolished because such activity has been converted to
contract can demonstrate appropriate qualifications for the
position.
(b) Exception.--Notwithstanding the contractor's obligation
under subsection (a), the contractor is not required to offer
a right of first refusal to any employee who, in the 12
months preceding conversion to contract, has been the subject
of an adverse personnel action related to misconduct or has
received a less than fully successful performance rating.
(c) Limitation.--No employee shall have a right to more
than 1 offer under this section based on any particular
separation due to the conversion of an activity to contract.
(d) Regulations.--Regulations to carry out this section may
be prescribed by the President.
SEC. 603. DEBARMENT OF HEALTH CARE PROVIDERS FOUND TO HAVE
ENGAGED IN FRAUDULENT PRACTICES.
(a) In General.--Section 8902a of title 5, United States
Code, is amended--
(1) in subsection (a)(2)(A) by striking ``subsection (b) or
(c)'' and inserting ``subsection (b), (c), or (d)'';
(2) in subsection (b)--
(A) by striking ``may'' and inserting ``shall'' in the
matter before paragraph (1); and
(B) by amending paragraph (5) to read as follows:
``(5) Any provider that is currently suspended or excluded
from participation under any program of the Federal
Government involving procurement or nonprocurement
activities.'';
(3) by redesignating subsections (c) through (i) as
subsections (d) through (j), respectively, and by inserting
after subsection (b) the following:
``(c) The Office may bar the following providers of health
care services from participating in the program under this
chapter:
``(1) Any provider--
``(A) whose license to provide health care services or
supplies has been revoked, suspended, restricted, or not
renewed, by a State licensing authority for reasons relating
to the provider's professional competence, professional
performance, or financial integrity; or
``(B) that surrendered such a license while a formal
disciplinary proceeding was pending before such an authority,
if the proceeding concerned the provider's professional
competence, professional performance, or financial integrity.
``(2) Any provider that is an entity directly or indirectly
owned, or with a 5 percent or more controlling interest, by
an individual who is convicted of any offense described in
subsection (b), against whom a civil monetary penalty has
been assessed under subsection (d), or who has been excluded
from participation under this chapter.
``(3) Any provider that the Office determines, in
connection with claims presented under this chapter, has
charged for health care services or supplies in an amount
substantially in excess of such provider's customary charges
for such services or supplies (unless the Office finds there
is good cause for such charge), or charged for health care
services or supplies which are substantially in excess of the
needs of the covered individual or which are of a quality
that fails to meet professionally recognized standards for
such services or supplies.
``(4) Any provider that the Office determines has committed
acts described in subsection (d).'';
(4) in subsection (d), as so redesignated by paragraph (3),
by amending paragraph (1) to read as follows:
``(1) in connection with claims presented under this
chapter, that a provider has charged for a health care
service or supply which the provider knows or should have
known involves--
``(A) an item or service not provided as claimed;
``(B) charges in violation of applicable charge limitations
under section 8904(b); or
``(C) an item or service furnished during a period in which
the provider was excluded from participation under this
chapter pursuant to a determination by the Office under this
section, other than as permitted under subsection
(g)(2)(B);'';
(5) in subsection (f), as so redesignated by paragraph (3),
by inserting ``(where such debarment is not mandatory)''
after ``under this section'' the first place it appears;
(6) in subsection (g), as so redesignated by paragraph
(3)--
(A) by striking ``(g)(1)'' and all that follows through the
end of paragraph (1) and inserting the following:
``(g)(1)(A) Except as provided in subparagraph (B),
debarment of a provider under subsection (b) or (c) shall be
effective at such time and upon such reasonable notice to
such provider, and to carriers and covered individuals, as
shall be specified in regulations prescribed by the Office.
Any such provider that is excluded from participation may
request a hearing in accordance with subsection (h)(1).
``(B) Unless the Office determines that the health or
safety of individuals receiving health care services warrants
an earlier effective date, the Office shall not make a
determination adverse to a provider under subsection (c)(4)
or (d) until such provider has been given reasonable notice
and an opportunity for the determination to be made after a
hearing as provided in accordance with subsection (h)(1).'';
(B) in paragraph (3)--
(i) by inserting ``of debarment'' after ``notice''; and
(ii) by adding at the end the following: ``In the case of a
debarment under paragraphs (1) through (4) of subsection (b),
the minimum period of exclusion shall not be less than 3
years, except as provided in paragraph (4)(B)(ii).''; and
(C) in paragraph (4)(B)(i)(I) by striking ``subsection (b)
or (c)'' and inserting ``subsection (b), (c), or (d)'';
(7) in subsection (h), as so redesignated by paragraph (3),
by striking ``(h)(1)'' and all that follows through the end
of paragraph (2) and inserting the following:
``(h)(1) Any provider of health care services or supplies
that is the subject of an adverse determination by the Office
under this section shall be entitled to reasonable notice and
an opportunity to request a hearing of record, and to
judicial review as provided in this subsection after the
Office renders a final decision. The Office shall grant a
request for a hearing upon a showing that due process rights
have not previously been afforded with respect to any finding
of fact which is relied upon as a cause for an adverse
determination under this section. Such hearing shall be
conducted without regard to subchapter II of chapter 5 and
chapter 7 of this title by a hearing officer who shall be
designated by the Director of the Office and who shall not
otherwise have been involved in the adverse determination
being appealed. A request for a hearing under this subsection
must be filed within such period and in accordance with such
procedures as the Office shall prescribe by regulation.
``(2) Any provider adversely affected by a final decision
under paragraph (1) made after a hearing to which such
provider was a party may seek review of such decision in the
United States District Court for the District of Columbia or
for the district in which the plaintiff resides or has his
principal place of business by filing a notice of appeal in
such court within 60 days from the date the decision is
issued and simultaneously sending copies of such notice by
certified mail to the Director of the Office and to the
Attorney General. In answer to the appeal, the Director of
the Office shall promptly file in such court a certified copy
of the transcript of the record, if the Office conducted a
hearing, and other evidence upon which the findings and
decision complained of are based. The court shall have power
to enter, upon the pleadings and evidence of record, a
judgment affirming, modifying, or setting aside, in whole or
in part, the decision of the Office, with or without
remanding the cause for a rehearing. The district court shall
not set aside or remand the decision of the Office unless
there is not substantial evidence on the record, taken as a
whole, to support the findings by the Office of a cause for
action under this section or unless action taken by the
Office constitutes an abuse of discretion.''; and
(8) in subsection (i), as so redesignated by paragraph
(3)--
(A) by striking ``subsection (c)'' and inserting
``subsection (d)''; and
(B) by adding at the end the following: ``The amount of a
penalty or assessment as finally determined by the Office, or
other
[[Page 2445]]
amount the Office may agree to in compromise, may be deducted
from any sum then or later owing by the United States to the
party against whom the penalty or assessment has been
levied.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect on the date of the enactment of
this Act.
(2) Exceptions.--(A) Paragraphs (2) and (4) of section
8902a(c) of title 5, United States Code, as amended by
subsection (a), shall apply only to the extent that the
misconduct which is the basis for debarment thereunder occurs
after the date of the enactment of this Act.
(B) Section 8902a(d)(1)(B) of title 5, United States Code,
as amended by subsection (a), shall apply only with respect
to charges which violate section 8904(b) of such title 5 for
items and services furnished after the date of the enactment
of this Act.
(C) Section 8902a(g)(3) of title 5, United States Code, as
amended by subsection (a), shall apply only with respect to
debarments based on convictions occurring after the date of
the enactment of this Act.
SEC. 604. CONSISTENT COVERAGE FOR INDIVIDUALS ENROLLED IN A
HEALTH PLAN ADMINISTERED BY THE FEDERAL BANKING
AGENCIES.
Section 5 of the FEGLI Living Benefits Act (Public Law 103-
409; 108 Stat. 4232) is amended--
(1) by inserting ``and the Board of Governors of the
Federal Reserve System'' after ``Office of the Comptroller of
the Currency and the Office of Thrift Supervision'' each
place it appears;
(2) in subsection (a), by inserting ``or under a health
benefits plan not governed by chapter 89 of such title in
which employees and retirees of the Board of Governors of the
Federal Reserve System participated before January 4, 1997,''
after ``January 7, 1995,'';
(3) in subsection (b)--
(A) by inserting ``(in the case of the Comptroller of the
Currency and the Office of Thrift Supervision) or on January
4, 1997 (in the case of the Board of Governors of the Federal
Reserve System)'' after ``on January 7, 1995'' each place it
appears;
(B) by inserting ``, or in which employees and retirees of
the Board of Governors of the Federal Reserve System
participate,'' after ``Office of the Comptroller of the
Currency or the Office of Thrift Supervision'' each place it
appears; and
(C) by inserting ``(in the case of the Comptroller of the
Currency and the Office of Thrift Supervision) or after
January 5, 1997 (in the case of the Board of Governors of the
Federal Reserve System)'' after ``January 8, 1995'' each
place it appears;
(4) in subsection (b)(1)(A), by striking ``title;'' and
inserting ``title or a retiree (as defined in subsection
(e);''; and
(5) by adding at the end the following:
``(e) Definition.--For purposes of this section, the term
`retiree' shall mean an individual who is receiving benefits
under the Retirement Plan for Employees of the Federal
Reserve System.''.
SEC. 605. AMENDMENT TO PUBLIC LAW 104-134.
Paragraph (3) of section 3110(b) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134; 110 Stat. 1321-343) is amended to read
as follows:
``(3) The Corporation shall pay to the Thrift Savings Fund
such employee and agency contributions as are required by
sections 8432 and 8351 of title 5, United States Code, for
those employees who elect to retain their coverage under the
Civil Service Retirement System or the Federal Employees'
Retirement System pursuant to paragraph (1).''.
SEC. 606. MISCELLANEOUS AMENDMENTS RELATING TO THE HEALTH
BENEFITS PROGRAM FOR FEDERAL EMPLOYEES.
(a) Definition of a Carrier.--Paragraph (7) of section 8901
of title 5, United States Code, is amended by striking
``organization;'' and inserting ``organization and the
Government-wide service benefit plan sponsored by an
association of organizations described in this paragraph;''.
(b) Service Benefit Plan.--Paragraph (1) of section 8903 of
title 5, United States Code, is amended by striking ``plan,''
and inserting ``plan, underwritten by participating
affiliates licensed in any number of States,''.
(c) Preemption.--Section 8902(m) of title 5, United States
Code, is amended by striking ``(m)(1)'' and all that follows
through the end of paragraph (1) and inserting the following:
``(m)(1) The terms of any contract under this chapter which
relate to the nature, provision, or extent of coverage or
benefits (including payments with respect to benefits) shall
supersede and preempt any State or local law, or any
regulation issued thereunder, which relates to health
insurance or plans.''.
SEC. 607. PAY FOR CERTAIN POSITIONS FORMERLY CLASSIFIED AT
GS-18.
Notwithstanding any other provision of law, the rate of
basic pay for positions that were classified at GS-18 of the
General Schedule on the date of the enactment of the Federal
Employees Pay Comparability Act of 1990 shall be set and
maintained at the rate equal to the highest rate of basic pay
for the Senior Executive Service under section 5382(b) of
title 5, United States Code.
SEC. 608. REPEAL OF SECTION 1307 OF TITLE 5 OF THE UNITED
STATES CODE.
(a) In General.--Section 1307 of title 5, United States
Code, is repealed.
(b) Clerical Amendment.--The table of sections for chapter
13 of title 5, United States Code, is amended by repealing
the item relating to section 1307.
SEC. 609. EXTENSION OF CERTAIN PROCEDURAL AND APPEAL RIGHTS
TO CERTAIN PERSONNEL OF THE FEDERAL BUREAU OF
INVESTIGATION.
(a) In General.--Section 7511(b)(8) of title 5, United
States Code, is amended by striking ``the Federal Bureau of
Investigation,''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to any personnel action taking
effect after the end of the 45-day period beginning on the
date of the enactment of this Act.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.47 l. clure morton u.s. post office courthouse
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the bill of the Senate (S. 1931) to provide that the
United States Post Office and Courthouse building located at 9 East
Broad Street, Cookeville, Tennessee, shall be known and designated as
the ``L. Clure Morton United States Post Office Courthouse''.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.116.48 ted weiss courthouse
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the bill (H.R. 4042) to designate the United States
courthouse located at 500 Pearl Street in New York City, New York, as
the ``Ted Weiss United States Courthouse''.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.49 committee resignation--minority
The SPEAKER pro tempore, Mr. THORNBERRY, laid before the House the
following communication, which was read as follows:
House of Representatives,
Washington, DC, September 27, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
The Capitol, Washington, DC.
Dear Mr. Speaker: I hereby resign my seat on the House
Intelligence Committee effective today.
I appreciate the opportunity to serve on the committee
beyond my allotted time. Your efforts to accommodate my many
international assignments have been most helpful.
I look forward to serving on the committee in the future.
Sincerely,
Bill Richardson,
Chief Deputy Whip.
By unanimous consent, the resignation was accepted.
para.116.50 permanent select committee on intelligence
The SPEAKER pro tempore, Mr. THORNBERRY, by unanimous consent,
announced that pursuant to the provisions of clause 1 of rule XLVIII,
the Speaker appointed to the Permanent Select Committee on Intelligence,
Ms. Harman, to fill the existing vacancy thereon and to rank after
Ms.Pelosi.
para.116.51 augustus bootle courthouse
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the bill (H.R. 4119) to designate the Federal building
and United States courthouse located at 475 Mulberry Street in Macon,
Georgia, as the ``William Augustus Bootle Federal Building and United
States Courthouse''.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
[[Page 2446]]
para.116.52 waiving clause 4(b) of rule XI with respect to certain
resolutions
Mr. SOLOMON, by direction of the Committee on Rules, reported (Rept.
No. 104-855) the resolution (H. Res. 546) waiving a requirement of
clause 4(b) of rule XI with respect to consideration of certain
resolutions reported from the Committee on Rules, and for other
purposes.
When said resolution and report were referred to the House Calendar
and ordered printed.
para.116.53 carl b. stokes courthouse
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Transportation and Infrastructure was discharged from further
consideration of the bill (H.R. 4133) to designate the United States
courthouse to be constructed at the corner of Superior and Huron Roads,
in Cleveland, Ohio, as the ``Carl B. Stokes United States Courthouse''.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.54 robert kurtz rodibaugh united states courthouse
On motion of Mr. GILCHREST, by unanimous consent, the proceedings of
September 26, 1996, whereby the House passed the bill (H.R. 3576) to
designate the United States courthouse located at 401 South Michigan
Street in South Bend, Indiana, as the ``Robert Kurtz Rodibaugh United
States Courthouse'', were vacated.
Whereupon, said bill was considered by the House.
Mr. GILCHREST submitted the following amendment in the nature of a
substitute which was agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. DESIGNATION.
The United States courthouse located at 401 South Michigan
Street in South Bend, Indiana, shall be known and designated
as the ``Robert K. Rodibaugh United States Bankruptcy
Courthouse''.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse referred to in section 1 shall be deemed to be a
reference to the ``Robert K. Rodibaugh United States
Bankruptcy Courthouse''.
The bill, as amended, was ordered to be engrossed and read third time,
was read a third time by title, and passed.
By unanimous consent, the title was amended so as to read: ``An Act to
designate the United States courthouse located at 401 South Michigan
Street in South Bend, Indiana, as the `Robert K. Rodibaugh United States
Bankruptcy Courthouse',''.
A motion to reconsider the votes whereby said bill was passed and the
title was amended was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.116.55 martin luther king memorial
On motion of Mrs. MORELLA, by unanimous consent, the Committee on
Resources was discharged from further consideration of the joint
resolution (H.J. Res. 70) authorizing the Alpha Phi Alpha Fraternity to
establish a memorial to Martin Luther King, Jr. in the District of
Columbia or its environs.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.116.56 notice of suspension of the rules
Mr. WOLF, pursuant to House Resolution 525, announced the Speaker will
recognize Members for motions to suspend the rules under clause 1, rule
XXVII, on Saturday, September 28, 1996, with respect to the following
bills:
H.R. 4233, to provide for appropriate implementation of the Metric
Conversion Act of 1975 in Federal construction projects, and for other
purposes;
S. 1918, to amend trade laws and related provisions to clarify the
designation of normal trade relations;
H.R. 3219, to provide Federal assistance for Indian tribes in a manner
that recognizes the right of tribal self-governance, and for other
purposes; and
H.R. 4088, to provide for the conveyance of certain property from the
United States to Stanislaus County, California.
para.116.57 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 2508. An Act to amend the Federal Food, Drug and
Cosmetic Act to provide for improvements in the process of
approving and using animal drugs, and for other purposes;
H.R. 2594. An Act to amend the Railroad Unemployment
Insurance Act to reduce the waiting period for benefits
payable under that Act, and for other purposes;
H.R. 2660. An Act to increase the amount authorized to be
appropriated to the Department of the Interior for the Tensas
River National Wildlife Refuge, and for other purposes; and
H.R. 3068. An Act to accept the request of the Prairie
Island Indian Community to revoke their charter of
incorporation issued under the Indian Reorganization Act.
para.116.58 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 1675. An Act to provide for the nationwide tracking of
convicted sexual predators, and for other purposes;
S. 1802. An Act to direct the Secretary of the Interior to
convey certain property containing a fish and wildlife
facility to the State of Wyoming, and for other purposes;
S. 1970. An Act to amend the National Museum of the
American Indian Act to make improvements in the Act, and for
other purposes;
S. 2085. An Act to authorize the Capitol Guide Service to
accept voluntary services; and
S. 2101. An Act to provide educational assistance to the
dependents of Federal law enforcement officials who are
killed or disabled in the performance of their duties.
para.116.59 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. JACKSON-LEE, for today after 12 o'clock noon;
To Mr. THOMPSON, for today; and
To Mrs. FOWLER, for today after 4:30 p.m.
And then,
para.116.60 adjournment
On motion of Mr. DORNAN, at 10 o'clock and 24 minutes p.m., the House
adjourned.
para.116.61 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. SHUSTER: Committee of Conference. Conference report on
S. 1004. An Act to authorize appropriations for the United
States Coast Guard, and for other purposes (Rept. No. 104-
854). Ordered to be printed.
Ms. PRYCE: Committee on Rules. House Resolution 546.
Resolution providing for consideration of certain resolutions
in preparation for the adjournment of the second session sine
die (Rept 104-855). Referred to the House Calendar.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 4067. A
bill to provide for representation of the Northern Mariana
Islands by a nonvoting Delegate in the House of
Representatives; with an amendment (Rept. No. 104-856).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Year 2000 Computer Software Conversion: Summary of Oversight
Findings and Recommendations (Rept. No. 104-857). Referred to
the Committee of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Crude Oil Undervaluation: The Ineffective Response of the
Minerals Management Service (Rept. No. 104-858). Referred to
the Committee of the Whole House on the State of the Union.
para.116.62 time limitation of referred bill
Pursuant to clause 5 of rule X, the following action was taken by the
Speaker:
H.R. 2740. Referral of the Committee on Commerce extended
for a period ending not later than October 2, 1996.
para.116.63 reported bills sequentially referred
Under clause 5 of rule X, bills and reports were delivered to the
Clerk for printing, and bills referred as follows:
[[Page 2447]]
H.R. 3158. The Committee of the Whole House on the State of
Union discharged, and referred to the Committee on Science
for a period ending not later than October 11, 1996, for
consideration of such provisions of the bill and amendment as
fall within the jurisdiction of the Committee on Science
pursuant to clause 1(n), rule X.
para.116.64 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. YOUNG of Alaska:
H.R. 4228. A bill to provide a process leading to full
self-government for Puerto Rico; to the Committee on
Resources.
By Mrs. JOHNSON of Connecticut:
H.R. 4229. A bill to amend title XVIII of the Social
Security Act to provide for prospective payment for home
health services under the Medicare Program, and for other
purposes; to the Committee on Ways and Means, and in addition
to the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BUNNING of Kentucky (for himself, Mr. Jacobs,
Mr. Gibbons, Mr. Crane, Mr. Thomas, Mr. Shaw, Mrs.
Johnson of Connecticut, Mr. Camp, Mr. Sam Johnson,
Mr. Collins of Georgia, Mr. Portman, Mr. Laughlin,
Mr. English of Pennsylvania, Mr. Christensen, and Ms.
Dunn of Washington):
H.R. 4230. A bill to amend title II of the Social Security
Act and the Internal Revenue Code of 1986 to make
improvements in the rehabilitation programs provided for
disabled individuals under such Act, and for other purposes;
to the Committee on Ways and Means.
By Mr. ORTON (for himself and Mr. Gibbons):
H.R. 4231. A bill to amend the Internal Revenue Code of
1986 to provide an exemption from tax for gain on sale of a
principal residence; to the Committee on Ways and Means.
By Mr. PETE GEREN of Texas:
H.R. 4232. A bill to designate the U.S. post office
building located at 251 West Lancaster Street in Fort Worth,
TX, as the ``Jim Wright Post Office Building''; to the
Committee on Government Reform and Oversight.
By Mr. COX (for himself, Mr. Walker, Mrs. Morella, and
Mr. Hastert);
H.R. 4233. A bill to provide for appropriate implementation
of the Metric Conversion Act of 1975 in Federal construction
projects, and for other purposes; to the Committee on
Science.
By Mr. PALLONE (for himself, Mr. Andrews, Mr.
Torricelli, and Mr. Markey):
H.R. 4234. A bill to require reporting on toxic chemicals,
to protect children's health, and for other purposes; to the
Committee on Commerce.
By Mr. FOX:
H.R. 4235. A bill to amend the Fair Housing Act to prevent
certain abuses; to the Committee on the Judiciary.
By Mr. YOUNG of Alaska.
H.R. 4236. A bill to provide for the administration of
certain Presidio properties at minimal cost to the Federal
taxpayer, and for other purposes; to the Committee on
Resources.
By Mr. BARRETT of Wisconsin:
H.R. 4237. A bill to amend the Employee Retirement Income
Security Act of 1974 with respect to rules governing
litigation contesting termination or substantial reduction of
retiree health benefits, to require a preponderance of
evidence for termination or substantial reduction of retiree
health benefits, and to allow court to use extrinsic evidence
in determining the intent of a plan; to the Committee on
Economic and Educational Opportunities.
By Mr. BOEHNER:
H.R. 4238. A bill to amend the Internal Revenue Code of
1986 to enhance tax incentives for charitable contributions,
and for other purposes; to the Committee on Ways and Means,
and in addition to the Committees on Economic and Educational
Opportunities, Transportation and Infrastructure, Commerce,
and the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BROWN of California:
H.R. 4239. A bill to provide for the licensing of
commercial space reentry vehicles and reentry sites, and for
other purposes; to the Committee on Science.
By Mr. CUNNINGHAM:
H.R. 4240. A bill to amend the Tariff Act of 1930 with
respect to the marking of golf clubs and golf club
components; to the Committee on Ways and Means.
By Mr. DEUTSCH (for himself and Mr. Gross):
H.R. 4241. A bill to amend the National Parks and
Recreation Act of 1978 to designate the Marjory Stoneman
Douglas Wilderness, to amend the Everglades National Park
Protection and Expansion Act of 1989 to designate the Earnest
F. Coe Visitor Center, and for other purposes to the
Committee on Resources.
By Mr. DOOLITTLE (for himself, Mr. Herger, Mrs.
Seastrand, Mr. Pombo, Mr. Calvert, Mr. Packard, Mr.
Dornan, Mr. Cunningham, Mrs. Chenoweth, and Mr.
Cooley)
H.R. 4242. A bill to amend the act commonly known as the
Antiquities Act to limit further extension or establishment
of national monuments in California; to the Committee on
Resources.
By Ms. DUNN of Washington (for herself, Ms. Furse, Mr.
Bunn of Oregon, and Mr. Blumenauer):
H.R. 4243. A bill to amend the Internal Revenue Code of
1986 to permit certain tax free corporate liquidations into a
501(c)(3) organization and to revise the unrelated business
income tax rules regarding receipt of debt-financed property
in such a liquidation; to the Committee on Ways and Means.
By Mr. DURBIN (for himself and Mr. Ensign):
H.R. 4244. A bill to require the Secretary of Health and
Human Services to waive the 3-day prior hospitalization
requirement for coverage of skilled nursing facility services
in the case of individuals classified within certain
diagnosis-related groups; to the Committee on Ways and Means.
By Mr. FOX:
H.R. 4245. A bill to restrict the access of youth to
tobacco products, and for other purposes; to the Committee on
Commerce.
H.R. 4246. A bill to require a study by the U.S. Sentencing
Commission of sentencing for drug offenses where domestic
violence has been found to occur; to the Committee on the
Judiciary.
By Mr. GOODLING:
H.R. 4247. A bill to amend the National Labor Relations Act
to require the National Labor Relations Board to resolve
unfair labor practice complaints in a timely manner; to the
Committee on Economic and Educational Opportunities.
By Ms. GREENE of Utah:
H.R. 4248. A bill to amend title XVIII of the Social
Security Act to provide for coverage under part B of the
Medicare Program of certain antibiotics that are parenterally
administered in a home setting; to the Committee on Commerce,
and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GUNDERSON:
H.R. 4249. A bill to amend and strengthen the Animal
Welfare Act; to the Committee on Agriculture.
H.R. 4250. A bill to amend title XIX of the Social Security
Act to permit a State the option of covering community-based
attendant services under the Medicaid Program; to the
Committee on Commerce.
By Mr. HASTINGS of Washington:
H.R. 4251. A bill to amend the Internal Revenue Code of
1986 to exempt certain small businesses from the required use
of the electronic fund transfer system for depository taxes,
and for other purposes; to the Committee on Ways and Means.
By Mr. HEFLEY:
H.R. 4252. A bill to establish labor provision and tax
provisions for small-business concerns; to the Committee on
Economic and Educational Opportunities, and in addition to
the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HOUGHTON (for himself and Mrs. Kennelly):
H.R. 4253. A bill to enhance the financial security of
children by providing for contributions by the Federal
Government to child retirement accounts; to the Committee on
Ways and Means.
By KLECZKA:
H.R. 4254. A bill to amend the Community Services Block
Grant Act with respect to the composition of the boards of
community action agencies, and of nonprofit private
organizations, that receive funds under such act; to the
Committee on Economic and Educational Opportunities.
By KLINK:
H.R. 4255. A bill to encourage the States to streamline the
adoption process and make their adoption laws more uniform;
to the Committee on Ways and Means.
By LAUGHLIN:
H.R. 4256. A bill to amend the Internal Revenue Code of
1986 to provide for the abatement of interest on deficiencies
attributable to certain partnership items; to the Committee
on Ways and Means.
By LAZIO of New York:
H.R. 4257. A bill to amend the Public Health Service Act to
provide a one-stop shopping information service for
individuals with serious or life-threatening diseases; to the
Committee on Commerce.
By McCOLLUM:
H.R. 4258. A bill to establish the U.S. Immigration Court;
to the Committee on the Judiciary.
By Mr. McHALE (for himself, Mr. Bonior, Mr. Murtha, Mr.
Kildee, Mr. Fazio of California, Mr. Evans, Mr. Green
of Texas, Ms. Woolsey, Mr. Romero-Barcelo, Mr.
Holden, Mr. Tejeda, Mr. Andrews, and Ms. Harman):
H.R. 4259. A bill to amend the Higher Education Act of 1965
to authorize Presidential Honors Scholarships to be awarded
to all secondary school students in the top 5 percent of
their graduating class, to promote and recognize high
academic achievement in secondary school, and for other
purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. METCALF:
H.R. 4260. A bill to require uniform appraisals of certain
leaseholds of restricted Indian lands, and for other
purposes; to the Committee on Resources.
[[Page 2448]]
By Mr. MILLER of Florida (for himself, Mrs. Meek of
Florida, and Mr. Goss):
H.R. 4261. A bill to require the Director of the U.S. Fish
and Wildlife Service to expedite issuance of and implement a
contingency plan for responding to red tide events involving
Florida Manatees, and to authorize the Director to make
grants for research and evaluation of potential methods of
therapeutic intervention for manatees intoxicated by red tide
brevetoxins; to the Committee on Resources.
By Mrs. MORELLA:
H.R. 4262. A bill to save lives and prevent injuries to
children in motor vehicles through improved national, State,
and local child passenger protection program; to the
Committee on Transportation and Infrastructure.
By Mr. MURTHA:
H.R. 4263. A bill to reinstate the emergency unemployment
compensation program; to the Committee on Ways and Means, and
in addition to the Committees on Transportation and
Infrastructure, and the Budget, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NETHERCUTT (for himself, Mr. Weldon of
Pennsylvania, Mr. Gingrich, Mr. Watts of Oklahoma,
Mr. Bonilla, and Mr. Bilirakis):
H.R. 4264. A bill to amend title XVIII of the Social
Security Act to improve Medicare treatment and education for
beneficiaries with diabetes by providing coverage of diabetes
outpatient self-management training services and uniform
coverage of blood-testing strips for individuals with
diabetes; to the Committee on Commerce, and in addition to
the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NEUMANN (for himself and Ms. Kaptur):
H.R. 4265. A bill to apply the Buy American Act to
articles, materials, and supplies for use outside the United
States; to the Committee on Government Reform and Oversight.
By Mr. PETRI:
H.R. 4266. A bill to amend the Fair Labor Standards Act of
1938 to prescribe a salary base for an exemption of an
employee from the wage requirements of such act, and for
other purposes; to the Committee on Economic and Educational
Opportunities.
H.R. 4267. A bill to amend the Federal Election Campaign
Act of 1971 to require certain disclosure and reports
relating to polling by telephone or electronic device, and
for other purposes; to the Committee on House Oversight, and
in addition to the Committee on Ways and Means, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. RANGEL (for himself and Mr. Houghton):
H.R. 4268. A bill to provide for a project to demonstrate
the application of telemedicine and medical informatics to
improving the quality and cost-effectiveness in the delivery
of health care services under the Medicare Program and other
health programs; to the Committee on Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ROMERO-BARCELO:
H.R. 4269. A bill to relieve the Puerto Rico Housing Bank
and Finance Agency and its assignees of liability for certain
loans subject to the Truth-in-Lending Act; to the Committee
on Banking and Financial Services.
By Mr. SANDERS:
H.R. 4270. A bill to require reporting on research and
development expenditures for drugs approved for marketing,
and for other purposes; to the Committee on Commerce.
By Ms. SLAUGHTER:
H.R. 4271. A bill to amend title XVIII of the Social
Security Act to continue full-time-equivalent resident
reimbursement for an additional 1 year under Medicare for
direct graduate medical education for residents enrolled in
combined approved primary care medical residency training
programs; to the Committee on Ways and Means, and in addition
to the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SPRATT:
H.R. 4272. A bill to amend the Solid Waste Disposal Act to
improve public accountability and public safety in the
management of hazardous waste facilities; to the Committee on
Commerce.
By Mr. KIM (for himself, Mr. Bereuter, and Mr. Dornan):
H. Con. Res. 224. Concurrent resolution concerning the
infiltration of North Korean commandos into the sovereign
territory of the Republic of Korea on September 18, 1996; to
the Committee on International Relations.
By Ms. ESHOO (for herself, Mr. Torres, Mr. Lantos, Mr.
Houghton, Mr. Leach, Mr. Dellums, Mrs. Morella, Mr.
Engel, Mrs. Maloney, Mr. Rangel, Mr. Ackerman, Mr.
Hinchey, Mr. Brown of California, Mrs. Lowey, Mr.
Payne of New Jersey, Mr. Hall of Ohio, Mr. Miller of
California, Mr. Serrano, Mr. Nadler, and Mr. Berman):
H. Con. Res. 225. Concurrent resolution expressing the
commitment of the Congress to continue the leadership of the
United States in the United Nations by honoring the financial
obligations of the United States to the United Nations; to
the Committee on International Relations.
By Mr. MENENDEZ (for himself, Mr. Frelinghuysen, Mr.
Gilman, Mr. Torricelli, Mr. Payne of New Jersey, Mr.
Pallone, Mr. Zimmer, Mr. Martini, Mr. Smith of New
Jersey, Mr. Franks of New Jersey, and Mr. Andrews):
H. Con. Res. 226. Concurrent resolution expressing the
sense of the Congress that a model curriculum designed to
educate elementary and secondary school-aged children about
the Irish famine should be developed; to the Committee on
Economic and Educational Opportunities.
By Mr. SCHIFF (for himself, Mrs. Schroeder, Mr.
Boehlert, Ms. Harman, Mr. Heineman, Mr. Schumer, Mrs.
Kennelly, and Mr. Wamp):
H. Con. Res. 227. Concurrent resolution expressing the
sense of Congress that the technology program at the National
Institute of Justice of the Department of Justice, should be
designated as the national focal point for law enforcement
technology programs; to the Committee on the Judiciary.
By Mr. SMITH of New Jersey (for himself, Mr. Porter,
Mr. Wolf, Mr. Funderburk, Mr. Salmon, Mr. Hoyer, Mr.
Markey, and Mr. Cardin):
H. Con. Res. 228. Concurrent resolution concerning the
return of or compensation for wrongly confiscated foreign
properties in formerly Communist countries and by certain
foreign financial institutions; to the Committee on
International Relations.
By Mr. YOUNG of Alaska:
H. Res. 544. Resolution providing for the concurrence by
the House with an amendment in the amendment of the Senate to
H.R. 3378; considered under suspension of the rules and
agreed to.
By Mr. ARCHER:
H. Res. 545. Resolution returning to the Senate the bill S.
1311; considered and agreed to.
By Ms. KAPTUR:
H. Res. 547. Resolution expressing the sense of the House
of Representatives that any extension of fast-track
negotiating authority to the executive branch for the
expansion of the North American Free Trade Agreement [NAFTA]
be tied solely to negotiations with the European Union on
creation of a Trans-Atlantic Free Trade Area [TAFTA]; to the
Committee on Ways and Means.
By Mr. MINGE (for himself, Mr. Shays, Mr. Stenholm, and
Mr. Klug):
H. Res. 548. Resolution amending the Rules of the House of
Representatives to allow floor consideration of amendments
that are supported by at least 20 percent of the membership
of the majority and minority parties of the House; to the
Committee on Rules.
By Ms. PRYCE (for herself, Mr. Dreier, Mr. McInnis, Mr.
Diaz-Balart, and Ms. Green of Utah):
H. Res. 549. Resolution amending the Rules of the House of
Representatives to impose the Ramseyer requirement on
conference reports; to the Committee on Rules.
By Mr. SHAYS (for himself and Mr. Barrett of
Wisconsin):
H. Res. 550. Resolution amending the Rules of the House of
Representatives to permit standing committees and
subcommittees to designate members to question witnesses for
periods not to exceed 30 minutes; to the Committee on Rules.
para.116.65 private bills and resolutions
Under clause 1 of rule XXII.
Mr. JONES introduced a bill (H.R. 4273) to provide for the
liquidation or reliquidation of certain entries of
pharmaceutical grade phospholipids; which was referred to the
Committee on Ways and Means.
para.116.66 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 103: Mr. Callahan.
H.R. 218: Mr. Cremeans.
H.R. 500: Mr. Chabot.
H.R. 820: Mr. Rush.
H.R. 878: Mr. Jackson.
H.R. 895: Mr. Kildee.
H.R. 974: Mr. Wynn.
H.R. 997: Mr. McHale.
H.R. 1000: Mr. Jackson.
H.R. 1010: Mr. Nadler.
H.R. 1046: Mr. Payne of Virginia.
H.R. 1136: Mr. Clay, Miss Collins of Michigan, Mr. Conyers,
Mr. DeFazio, Mr. Fattah, Ms. Furse, Mr. Hilliard, Mr. Rush,
Ms. Velazquez, Mrs. Clayton, Mrs. Collins of Illinois, Mr.
Coyne, Mr. Fields of Louisiana, Mr. Ford, Mr. Stokes, Ms.
Waters, Mr. Beilenson, Mr. Thornton, Mr. Brown of Ohio, Mr.
Coleman, Mr. Bryant of Texas, Mr. Stupak, Mr. Calvert, Mrs.
Meek of Florida, Mr. Hinchey, Mr. Kennedy of Rhode Island,
and Mr. Thompson.
H.R. 1386; Mr. Hefner.
H.R. 1462: Mr. Barrett of Wisconsin.
H.R. 1853: Mr. Minge.
H.R. 1889: Mr. Olver.
H.R. 2011: Mr. Sabo.
H.R. 2089: Ms. Furse.
H.R. 2152: Mr. Smith of New Jersey, Ms. Rivers, Mr. Horn,
Mr. Kingston, and Mr. Volkmer.
[[Page 2449]]
H.R. 2167: Mr. Fields of Louisiana.
H.R. 2185: Mr. Weldon of Florida.
H.R. 2223: Ms. Norton, Ms. Furse, Mr. Kennedy of Rhode
Island, Mr. Reed, and Mr. Frelinghuysen.
H.R. 2400: Mr. McHale.
H.R. 2416: Mr. Klug.
H.R. 2434: Mr. McNulty.
H.R. 2582: Mr. Dellums.
H.R. 2610: Mr. Torkildsen.
H.R. 2655: Mr. Johnson of South Dakota.
H.R. 2734: Mr. Gilchrest.
H.R. 2777: Mr. Serrano.
H.R. 2877: Ms. DeLauro.
H.R. 2976: Mr. Fattah, Mr. Payne of New Jersey, and Mr.
Zimmer.
H.R. 2999: Mr. Smith of New Jersey.
H.R. 3077: Mr. Ensign and Mr. Quinn.
H.R. 3142: Mr. Baldacci.
H.R. 3187: Mr. Olver.
H.R. 3200: Mr. Frelinghuysen and Mr. Lewis of Kentucky.
H.R. 3311: Mr. Peterson of Minnesota, Mr. Hilliard, Mr.
Green of Texas, and Mr. Cummings.
H.R. 3401: Mr. Serrano and Mrs. Morella.
H.R. 3413: Mr. Foglietta.
H.R. 3426: Mr. Ehlers, Ms. DeLauro, Mr. Ramstad, Mr. Lewis
of Georgia, Mr. Rahall, and Ms. Kaptur.
H.R. 3434: Mr. Hayworth.
H.R. 3455: Ms. Eshoo and Mr. Martini.
H.R. 3482: Mr. Nadler, Mr. Foglietta, and Ms. Brown of
Florida.
H.R. 3518: Mr. Thomas.
H.R. 3531: Mr. Goodlatte and Mr. Hoke.
H.R. 3538: Mr. Cramer and Mr. Baldacci.
H.R. 3566: Mrs. Maloney.
H.R. 3621: Ms. Velazquez and Mr. Hoke.
H.R. 3636: Mr. Bilbray.
H.R. 3654: Mr. Blute and Mr. Filner.
H.R. 3714: Mrs. Kennelly.
H.R. 3747: Mr. Dellums, Ms. Waters, Mr. Cummings, Mr.
Conyers, Mr. Bentsen, Mr. Foglietta, Mr. Towns, Mr. Ackerman,
Mr. Blumenauer, Mr. Serrano, Mr. Watt of North Carolina, and
Mr. Jackson.
H.R. 3753: Mr. Hastings of Washington.
H.R. 3785: Ms. Slaughter, Mrs. Thurman, and Mr. Waxman.
H.R. 3786: Mr. Hastert, Mr. Ewing, Mr. Nussle, Mr. Calvert,
Mr. Hayes, Mr. Dickey, Mr. Hutchinson, and Mr. Barrett of
Nebraska.
H.R. 3807: Mr. Serrano.
H.R. 3817: Ms. Pryce and Mr. King.
H.R. 3830: Mr. Hinchey.
H.R. 3835: Mr. Condit, Ms. Eddie Bernice Johnson of Texas,
and Mrs. Thurman.
H.R. 3838: Mr. Wicker and Mr. Volkmer.
H.R. 3839: Mr. Shays.
H.R. 3849: Mr. Davis.
H.R. 3860: Ms. Norton.
H.R. 3891: Mr. Lazio of New York.
H.R. 3901: Ms. Furse, Mr. Clement, Mr. Kingston, Mr. Baker
of Louisiana, Mr. Norwood, Mr. Gutknecht, and Mr. Lipinski.
H.R. 3927: Mr. Neumann.
H.R. 3938: Mr. Cramer and Mr. Baldacci.
H.R. 4016: Mr. Barton of Texas, Mr. Hastert, and Mr.
Chrysler.
H.R. 4028: Ms. Kaptur.
H.R. 4047: Mr. Shays, Mr. Foglietta, Mrs. Kennelly, Mr.
LoBiondo, Mr. Ney, Mr. Nadler and Mr. Houghton.
H.R. 4056: Mr. Pastor, Mr. Serrano, Mr. Stark, Mr. Towns,
Mr. Faleomavaega, and Mr. Dellums.
H.R. 4090: Mr. Crane and Mr. Pomeroy.
H.R. 4100: Mr. Kennedy of Rhode Island.
H.R. 4106: Mr. Olver.
H.R. 4122: Mr. Brown of California.
H.R. 4124: Mr. Frank of Massachusetts.
H.R. 4133: Mr. Lewis of California.
H.R. 4145: Mr. Shays, Mr. Fattah, Mr. Coleman, Mr. Schumer,
and Mr. Zimmer.
H.R. 4148: Mr. Barrett of Wisconsin, Mr. Blute, Mr.
Campbell, Mr. Deutsch, Mr. Ehlers, Mr. Forbes, Mr. Gilchrest,
Mr. Hastings of Washington, Mr. Hoke, Mr. Houghton, Mrs.
Kelly, Mr. Manzullo, Mrs. Myrick, Mr. Oxley, Mr. Quinn, Mr.
Rush, Mr. Smith of Michigan, Mr. Smith of Texas, Mr.
Torkildsen, Mr. Weldon of Pennsylvania, Mr. Bass, Mr.
Boehlert, Mr. Davis, Mr. Dickey, Mr. English of Pennsylvania,
Mr. Frelinghuysen, Mr. Funderburk, Mr. Gillmor, Mr. Hobson,
Mr. Horn, Mr. Jones, Mr. LaHood, Ms. Molinari, Mr. Ney, Ms.
Pryce, Mrs. Roukema, Mr. Sanders, Mr. Smith of New Jersey,
Mr. Thompson, Mr. Upton, and Mr. Yates.
H.R. 4166: Mr. Sanders.
H.R. 4170: Mr. Watts of Oklahoma, Mr. Martini, Mr. Stump,
Mr. Kim, and Mr. Tate.
H.R. 4174: Mr. Gillmor.
H.R. 4183: Mr. Lipinski.
H.R. 4217: Mr. Minge.
H.J. Res. 171: Mr. Markey.
H. Con. Res. 21: Mr. Conyers.
H. Con. Res. 128: Ms. Furse.
H. Con. Res. 164: Mr. Ackerman, Mr. Brown of California,
Mr. Deal of Georgia, Mr. Evans, and Mr. McHugh.
H. Con. Res. 190: Mr. Hostettler, Mr. Hastings of
Washington, and Mr. Barrett of Wisconsin.
H. Con. Res. 205: Mr. Porter and Mr. Frost.
H. Con. Res. 209: Ms. Furse.
H. Con. Res. 220: Mr. Moran.
H. Res. 30: Mr. Rush, Mr. Hoke, Mr. Stupak, Mrs. Fowler,
Mrs. Chenoweth, Mr. Laughlin, Mr. Bartlett of Maryland, Mr.
Miller of California, Ms. Brown of Florida, Mr. Quillen, and
Mr. Volkmer.
H. Res. 49: Mr. Stokes.
H. Res. 478: Mr. Barrett of Wisconsin and Ms. Furse.
H. Res. 490: Mr. Hastings of Washington, Mr. Yates, and Mr.
Weller.
H. Res. 491: Ms. Furse.
H. Res. 520: Mr. Hilliard, Mr. Rangel, Mr. DeFazio, Mr.
Frazer, and Mr. Clay.
H. Res. 521: Mr. Serrano, Mr. Cardin, Mr. Vento, Mr. Payne
of New Jersey, and Mr. Blumenauer.
H. Res. 537: Mr. Hinchey, Mr. Farr, Mr. Campbell, Ms.
Lofgren, and Mr. Neal of Massachusetts.
H. Res. 541: Mr. Bereuter and Mr. Smith of Michigan.
.
SATURDAY, SEPTEMBER 28, 1996 (117)
para.117.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. HASTERT,
who laid before the House the following communication:
Washington, DC,
September 28, 1996.
I hereby designate the Honorable Dennis J. Hastert to act
as Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.117.2 approval of the journal
The SPEAKER pro tempore, Mr. HASTERT, announced he had examined and
approved the Journal of the proceedings of Friday, September 27, 1996.
Mr. WALKER, pursuant to clause 1, rule I, objected to the Chair's
approval of the Journal.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. HASTERT, announced that the yeas had it.
Mr. WALKER objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. HASTERT, pursuant to clause 5, rule I,
announced that the vote would be postponed until later today.
The point of no quorum was considered as withdrawn.
para.117.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5354. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Oranges, Grapefruit, Tangerines, and Tangelos Grown in
Florida; Assessment Rate [Docket No. FV96-905-1 FIR] received
September 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
5355. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Technical Amendments to the Soybean Promotion and Research
Order and Rules and Regulations [Docket No. LS-96-005]
received September 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5356. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Sale of HUD-Held Single Family Mortgages; Notice
of Extension of Interim Rule Effective Period (FR-3814)
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5357. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Base Closure Community Redevelopment and Homeless
Assistance; Extension of Interim Rule Effective Period (FR-
3820) received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5358. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Optional Earned Income Exclusion Interim Rule
(FR-4080) received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5359. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Loan Guarantee Recovery Fund Final Rule (FR-4108)
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5360. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Termination of Tenancy for Criminal Activity
Final Rule (FR-3472) received September 26, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
5361. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Section 8 Moderate Rehabilitation Single Room
Occupancy Program for Homeless Individuals Final Rule (FR-
3929) received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5362. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Streamlining Multifamily and Single Family
Nonjudicial Foreclosure Procedures Final Rule (FR-4110)
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the
[[Page 2450]]
Committee on Banking and Financial Services.
5363. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Homeownership of Single Family Homes Program
(HOPE 3); Streamlining Final Rules (FR-3857) received
September 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
5364. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Home Investment Partnerships Program Final Rule
(FR-3962) received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5365. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Conversion from Coinsurance to Full Insurance
Final Rule (FR-3813) received September 26, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
5366. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--Home Equity Conversion Mortgage Insurance
Demonstration; Additional Streamlining Final Rule (FR-2958)
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5367. A letter from the General Counsel, Department of
Housing and Urban Development, transmitting the Department's
final rule--RESPA; Statement of Enforcement Standards; Title
Insurance Practices in Florida Final Rule (FR-4114) received
September 26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Banking and Financial Services.
5368. A letter from the Legislative and Regulatory
Activities Division, Office of the Comptroller of the
Currency, transmitting the Department's final rule--Sales of
Credit Life Insurance [Docket No. 96-22] (RIN: 1557-AB49)
received September 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5369. A letter from the Assistant Secretary for Employment
and Training, Department of Labor, transmitting the
Department's final rule--Removal of Duplicative Regulations
Governing the H-1A Nurses Labor Attestation Program, the D-1
Foreign Maritime Crewmembers Program, the H-1B Nonimmigrant
Labor Condition Application Program, and the F-1 Students
Labor Attestation Program (RIN: 1205-AB13) received September
28, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Economic and Educational Opportunities.
5370. A letter from the Secretary of Education,
transmitting a draft of proposed legislation entitled,
``Presidential Honors Scholarship Act of 1996''; to the
Committee on Economic and Educational Opportunities.
5371. A letter from the Director, Defense Security
Assistance Agency, transmitting notification concerning the
Department of the Air Force's proposed Letter(s) of Offer and
Acceptance [LOA] to Saudi Arabia for defense articles and
services (Transmittal No. 96-75), pursuant to 22 U.S.C.
2776(b); to the Committee on International Relations.
5372. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of the
Secretary's determination and justification for authorizing
assistance to strengthen the ECOMOG peacekeeping mission in
Liberia, pursuant to 22 U.S.C. 2261(a)(2); to the Committee
on International Relations.
5373. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification for drawdown under section 506 of the Foreign
Assistance Act to support ECOMOG, pursuant to 22 U.S.C.
2318(b)(2); to the Committee on International Relations.
5374. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of a
memorandum of justification for drawdown under section 552 of
the Foreign Assistance Act to support ECOMOG, pursuant to 22
U.S.C. 2348a; to the Committee on International Relations.
5375. A communication from the President of the United
States, transmitting the bimonthly report on progress toward
a negotiated settlement of the Cyprus Question, including any
relevant reports from the Secretary General of the United
Nations, pursuant to 22 U.S.C. 2373(c); to the Committee on
International Relations.
5376. A letter from the Deputy Associate Administrator for
Acquisition Policy, General Services Administration,
transmitting the Administration's final rule--General
Services Administration Acquisition Regulation (GSAR) for
Change 73, Authorizing Deviations from the FAR and GSAR [APD
2800.12A, CHGE 73] (RIN: 3090-AG09) received September 27,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
5377. A letter from the Director, Office of the Secretary
of Defense, transmitting the Office's final rule--Privacy
Program (32 CFR Part 505) received September 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
5378. A letter from the Secretary of Education,
transmitting a report of activities under the Freedom of
Information Act for the calendar year 1995, pursuant to 5
U.S.C. 552(d); to the Committee on Government Reform and
Oversight.
5379. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to clarify the effective date provision of Rules
413 through 415 of the Federal Rules of Evidence; to the
Committee on the Judiciary.
5380. A letter from the Secretary of Transportation
transmitting the Department's 1995 progress report on the
transition to quieter airplanes, pursuant to Public Law 101-
508, section 9308(g) (104 Stat. 1388-383); to the Committee
on Transportation and Infrastructure.
5381. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Testing Requirements
for Ocean Dumping [FRL-5617-6] received September 27, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5382. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; New Jersey
Transportation Control Measures [FRL-5554-9] received
September 27, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5383. A letter from the Secretary of Energy transmitting
the Department's report entitled ``Annual Report on the
Metals Initiative,'' pursuant to Public Law 100-680, section
8; to the Committee on Science.
5384. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--Work
Opportunity Tax Credit--Pre-Screening Notice [Notice 96-52]
received September 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
para.117.4 metric conversion
Mr. WALKER, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4233) to provide for appropriate
implementation of the Metric Conversion Act of 1975 in Federal
construction projects, and for other purposes.
The SPEAKER pro tempore, Mr. HASTERT, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. HASTERT, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. WALKER demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The SPEAKER pro tempore, Mr. HASTERT, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.117.5 land conveyance stanislaus, california
Mr. WALKER, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 4088) to provide for the conveyance of
certain property from the United States to Stanislaus County,
California; as amended.
The SPEAKER pro tempore, Mr. HASTERT, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. HASTERT, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.6 suspension of the rules
Mr. WALKER, pursuant to House Resolution 525, at 9:25 a.m. announced
the Speaker will recognize Members for motions to suspend the rules
under clause 1, rule XXVII, today with respect to the following bills:
H.R. 1332 (S. 1804), Omnibus Territories; H.R. 3487, National Marine
Sanctuaries; H.R. 3163, Oregon-Washington tax; H.R. 4165, Canadian
boater landing; and H.R. 4123, Larson Creek Land Exchange.
para.117.7 recess--9:25 a.m.
The SPEAKER pro tempore, Mr. HASTERT, pursuant to clause 12 of
[[Page 2451]]
rule I, declared the House in recess at 9 o'clock and 25 minutes a.m.,
subject to the call of the Chair.
para.117.8 after recess--12:18 p.m.
The SPEAKER pro tempore, Mr. LaTOURETTE, called the House to order.
para.117.9 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed, without amendment, bills and a
concurrent resolution of the House of the following titles:
H.R. 657. An Act to extend the deadline under the Federal
Power Act applicable to the construction of three
hydroelectric projects in the State of Arkansas;
H.R. 680. An Act to extend the time for construction of
certain FERC licensed hydro projects;
H.R. 1011. An Act to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in the State of Ohio;
H.R. 1014. An Act to authorize extension of time limitation
for a FERC-issued hydroelectric license;
H.R. 1290. An Act to reinstate the permit for, and extend
the deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Oregon, and for
other purposes;
H.R. 1335. An Act to provide for the extension of a
hydroelectric project located in the State of West Virginia;
H.R. 1366. An Act to authorize the extension of time
limitation for the FERC-issued hydroelectric license for the
Mt. Hope Waterpower Project;
H.R. 1791. An Act to amend title XIX of the Social Security
Act to make certain technical corrections relating to
physicians' services;
H.R. 2501. An Act to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in Kentucky, and for other purposes;
H.R. 2630. An Act to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Illinois;
H.R. 2695. An Act to extend the deadline under the Federal
Power Act applicable to the construction of certain
hydroelectric projects in the State of Pennsylvania;
H.R. 2773. An Act to extend the deadline under the Federal
Power Act applicable to the construction of 2 hydroelectric
projects in North Carolina, and for other purposes;
H.R. 2816. An Act to reinstate the license for, and extend
the deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Ohio, and for
other purposes;
H.R. 2869. An Act to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Kentucky;
H.R. 2988. An Act to amend the Clean Air Act to provide
that traffic signal synchronization projects are exempt from
certain requirements of Environmental Protection Agency
Rules;
H.R. 3074. An Act to amend the United States-Israel Free
Trade Area Implementation Act of 1985 to provide the
President with additional proclamation authority with respect
to articles of the West Bank or Gaza Strip or a qualifying
industrial zone;
H.R. 3877. An Act to designate the United States Post
Office building located at 351 West Washington Street in
Camden, Arkansas, as the ``David H. Pryor Post Office
Building'';
H.R. 4167. An Act to provide for the safety of journeymen
boxers, and for other purposes; and
H. Con. Res. 216. Concurrent resolution providing for
relocation of the Portrait Monument.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, a bill of the House
of the following title:
H.R. 2700. An Act to designate the building located at 8302
FM 327, Elmendorf, Texas, which houses operations of the
United States Postal Service, as the ``Amos F. Longoria Post
Office Building.''
The message also announced that the Senate agrees to the amendment of
the House to the amendments of the Senate to the bill (H.R. 3166) ``An
Act to amend title 18, United States Code, with respect to the crime of
false statement in a Government matter.''
The message also announced that the Senate has passed bills of the
following titles, in which the concurrence of the House is requested:
S. 737. An Act to extend the deadlines applicable to
certain hydroelectric projects, and for other purposes; and
S. 2153. An Act to designate the United States Post Office
building located in Brewer, Maine, as the ``Joshua Lawrence
Chamberlain Post Office Building,'' and for other purposes.
The message also announced that the Senate agrees to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendment of the House to the bill (S. 640) ``An Act to provide
for the conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes.''.
The message also announced that the Senate agrees to the amendments
of the House to the bill (S. 811) ``An Act to authorize research into
the desalinization and reclamation of water and authorize a program for
States, cities or qualifying agencies desiring to own and operate a
water desalinization or reclamation facility to develop such
facilities, and for other purposes.''.
The message also announced that the Senate agrees to the amendment of
the House to the bill (S. 919) ``An Act to modify and reauthorize the
Child Abuse Prevention and Treatment Act, and for other purposes.''.
The message also announced that pursuant to Public Law 99-498, the
Chair, on behalf of the President pro tempore, appoints Dr. Robert C.
Khayat, of Mississippi, to the Advisory Committee on Student Financial
Assistance for a 3-year term effective October 1, 1996.
para.117.10 senate enrollment correction
Mr. SHUSTER, by unanimous consent, submitted for consideration the
following concurrent resolution (H. Con. Res. 229):
Resolved by the House of Representatives (the Senate
concurring), That, in the enrollment of the bill S. 1004, the
Secretary of the Senate shall make the following corrections:
(1) In section 1106(c), in the text added to section 5 of
the Act of January 2, 1951--
(A) strike ``This section does not prohibit, nor many any
State make'' and insert in lieu thereof ``With respect to a
vessel operating in Alaska, this section does not prohibit,
nor may the State of Alaska make'';
(B) strike ``except that a State may'' and insert in lieu
thereof ``except that such State may''; and
(C) strike paragraph (2) and insert in lieu thereof the
following:
``(2) A voyage referred to in paragraph (1) is a voyage
that--
``(A) includes a stop in Canada or in a State other than
the State of Alaska;
``(B) includes stops in at least 2 different ports situated
in the State of Alaska; and
``(C) is of at least 60 hours duration.''.
(2) In section 1113(d), in the text added to section 12106
of title 46, United States Code, in subsection (e)(1)(E)
strike ``section 12102'' and insert in lieu thereof ``this
section''.
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolutiol was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.117.11 notice of suspension of the rules
Mr. LAZIO, pursuant to House Resolution 525, at 12:20 p.m. announced
the Speaker will recognize Members for motions to suspend the rules
under clause 1, rule XXVII, today with respect to the following bills:
H.R. 543, H.R. 4236, H.R. 4264, H.R. 3633, and H.R. 2779.
para.117.12 native american housing
Mr. LAZIO, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 3219) to provide Federal Assistance for
Indian tribes in a manner that recognizes the right of tribal self-
governance, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. LAZIO and Mr.
KENNEDY of Massachusetts, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill, as amended, was passed was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.13 omnibus territories
Mr. GALLEGLY, pursuant to House Resolution 525, moved to suspend the
rules and pass the bill (H.R. 1332) to establish certain policies and
responsibilities with respect to the administration of the Rongelap
Resettlement
[[Page 2452]]
Trust Fund, and for other purposes; as amended.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. GALLEGLY and
Mr. FALEOMAVAEGA, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
Mr. FALEOMAVAEGA demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. LaTOURETTE, by unanimous consent and
pursuant to clause 5(b)(1) of rule I, announced that further proceedings
were postponed.
para.117.14 suspension of the rules
Mr. SAXON, pursuant to House Resolution 525, at 1:15 p.m. announced
the Speaker will recognize a Member for a motion to suspend the rules
under clause 1, rule XXVII, today with respect to the bill (H.R. 3632)
to amend title XVIII and XIX of the Social Security Act to permit a
waiver of the prohibition of offering nurse aide training and competency
evaluation programs in certain nursing facilities.
para.117.15 estonia fisheries agreement
Mr. SAXON moved to suspend the rules and pass the bill (H.R. 543) to
approve a governing international fishery agreement between the United
States and the Republic of Estonia; as amended.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. SAXON and Mr.
ABERCROMBIE, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
reauthorize the National Marine Sanctuaries Act, and for other
purposes.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.16 canadian boater landing permits
Mr. HOKE moved to suspend the rules and pass the bill (H.R. 4165) to
provide for certain changes with respect to requirements for a Canadian
boater landing permit pursuant to section 235 of the Immigration and
Nationality Act; as amended.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. HOKE and Mr.
TRAFICANT, each for 20 minutes.
After debate,
On motion of Mr. HOKE, by unanimous consent, the bill was modified as
follows:
Strike out the text on page 3, beginning on line 12 and
insert: ``a United States passport for the duration of the
trip.''.
After further debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
By unanimous consent, the title was amended so as to read: ``An Act to
provide for certain changes with respect to requirements for a Canadian
border boat landing permit pursuant to section 235 of the Immigration
and Nationality Act.''.
A motion to reconsider the votes whereby the rules were suspended and
said bill, as amended, was passed and the title was amended was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.17 oregon-washington tax
Mr. GEKAS moved to suspend the rules and pass the bill (H.R. 3163) to
provide that Oregon may not tax compensation paid to a resident of
Washington for services as a Federal employee at a Federal hydroelectric
facility located on the Columbia River.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. GEKAS and Ms.
LOFGREN, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that two-thirds of
the Members present had voted in the affirmative.
Mr. DeFAZIO demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The SPEAKER pro tempore, Mr. LaTOURETTE, by unanimous consent and
pursuant to clause 5(b)(1) of rule I, announced that further proceedings
were postponed.
para.117.18 order of business--consideration of suspension
On motion of Mr. BILIRAKIS, by unanimous consent, notwithstanding the
provisions of House Resolution 525, the Speaker was authorized to
entertain a motion to suspend the rules and pass the bill (H.R. 3632) to
amend title XVIII and XIX of the Social Security Act to permit a waiver
of the prohibition of offering nurse aide training and competency
evaluation programs in certain nursing facilities.
para.117.19 nurse aid training
Mr. BILIRAKIS, pursuant to the foregoing order, moved to suspend the
rules and pass the bill (H.R. 3632) to amend title XVIII and XIX of the
Social Security Act to permit a waiver of the prohibition of offering
nurse aide training and competency evaluation programs in certain
nursing facilities.
The SPEAKER pro tempore, Mr. LaTOURETTE, recognized Mr. BILIRAKIS and
Mr. DINGELL, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. LaTOURETTE, announced that two-thirds of
the Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.20 recess--2:16 p.m.
The SPEAKER pro tempore, Mr. LaTOURETTE, pursuant to clause 12 of rule
I, declared the House in recess at 2 o'clock and 16 minutes p.m.,
subject to the call of the Chair.
para.117.21 after recess--5:01 p.m.
The SPEAKER pro tempore, Mr. BURTON, called the House to order.
para.117.22 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills and a
concurrent resolution of the House of the following titles:
H.R. 1514. An Act to authorize and facilitate a program to
enhance safety, training, research and development, and
safety education in the propane gas industry for the benefit
of propane consumers and the public, and for other purposes;
H.R. 1823. An Act to amend the Central Utah Project
Completion Act to direct the Secretary of the Interior to
allow for prepayment of repayment contracts between the
United States and the Central Utah Water Consevancy District
dated December 28, 1965, and November 26, 1985, and for other
purposes;
H.R. 2967. An Act to extend the authorization of the
Uranium Mill Tailings Radiation Control Act of 1978, and for
other purposes;
H.R. 3660. An Act to make amendments to the Reclamation
Wastewater and Groundwater Study and Facilities Act, and for
other purposes;
H.R. 3871. An Act to waive temporarily the Medicaid
enrollment composition rule for certain health maintenance
organizations;
H.R. 3973. An Act to provide for a study of the
recommendations of the Joint Federal-
[[Page 2453]]
State Commission on Policies and Programs Affecting Alaska
Natives;
H.R. 4138. An Act to authorize the hydrogen research,
development, and demonstration programs of the Department of
Energy, and for other purposes;
H.R. 4168. An Act to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes; and
H. Con. Res. 207. Concurrent resolution approving certain
regulations to implement provisions of the Congressional
Accountability Act of 1995 relating to labor-management
relations with respect to covered employees, other than
employees of the House of Representatives and employees of
the Senate, and for other purposes.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills of the House
of the following titles:
H.R. 2779. An Act to provide for appropriate implementation
of the Metric Conversion Act of 1975 in Federal construction
projects, and for other purposes; and
H.R. 3118. An Act to amend title 38, United States Code, to
reform eligibility for health care provided by the Department
of Veterans Affairs.
The message also announced that the Senate has passed a bill of the
following title in which the concurrence of the House is requested:
S. 2130. An Act to extend certain privileges, exemptions,
and immunities to Hong Kong Economic and Trade Offices.
para.117.23 notice of suspension of the rules
Ms. PRYCE, pursuant to House Resolution 525, at 5:02 p.m. announced
the Speaker will recognize Members for motions to suspend the rules
under clause 1, rule XXVII, on Saturday, September 28, 1996, with
respect to the following bills:
H.R. 3005, SEC conference report, and S. 2003, armored car.
para.117.24 waiving enrollment requirements for general or continuing
appropriations
Ms. PRYCE, by unanimous consent, submitted for consideration the joint
resolution (H.J. Res. 197) waiving certain enrollment requirements with
respect to any bill or joing resolution of the One Hundred Fourth
Congress making general or continuing appropriations for fiscal year
1997.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.117.25 providing for the consideration of certain resolutions for
sine die adjournment
Ms. PRYCE, by direction of the Committee on Rules, called up the
following resolution (H. Res. 546):
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House a joint resolution
waiving certain enrollment requirements with respect to any
bill or joint resolution of the One Hundred Fourth Congress
making general or continuing appropriations for fiscal year
1997. The joint resolution shall be debatable for one hour
equally divided and controlled by the majority leader and the
minority leader or their designees. The previous question
shall be considered as ordered on the joint resolution to
final passage without intervening motion except one motion to
commit.
Sec. 2. Upon the adoption of this resolution it shall be in
order to consider in the House a joint resolution appointing
the day for the convening of the first session of the One
Hundred Fifth Congress and the day for counting in Congress
of the electoral votes for President and Vice President cast
in December 1996. The joint resolution shall be debatable for
one hour equally divided and controlled by the majority
leader and the minority leader or their designees. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except
one motion to commit.
Sec. 3. A resolution providing that any organizational
caucus or conference in the House of Representatives for the
One Hundred Fifth Congress may begin on or after November 15,
1996, is hereby adopted.
Sec. 4. A resolution providing for the printing of a
revised edition of the Rules and Manual of the House of
Representatives for the One Hundred Fifth Congress as a House
document, and for the printing and binding of three thousand
additional copies for the use of the House, of which nine
hundred copies shall be bound in leather with thumb index and
delivered as may be directed by the Parliamentarian of the
House, is hereby adopted.
Sec. 5. Each committee of the House that is authorized to
conduct investigations may file reports to the House thereon
following the adjournment of the second session sine die.
Sec. 6. Reports on the activities of committees of the
House in the One Hundred Fourth Congress pursuant to clause
1(d) of rule XI may be printed as reports of the One Hundred
Fourth Congress.
Sec. 7. The Speaker and the minority leader may accept
resignations and make appointments to commissions, boards,
and committees following the adjournment of the second
session sine die as authorized by law or by the House.
Sec. 8. The chairman and ranking minority member of each
standing committee and subcommittee may extend their remarks
in the Congressional Record and include a summary of the work
of their committee or subcommittee.
Sec. 9. All Members may extend their remarks in the
Congressional Record on any matter occurring prior to the
adjournment of the second session sine die.
When said resolution was considered.
After debate,
para.117.26 point of order
Mr. BONIOR, during debate addressed the House and, during the course
of his remarks,
Mr. WALKER made a point of order, and said:
``The gentleman in the well is engaging in debate which is beyond the
rules of the House in that he is discussing matters that are presently
active before the Ethics Committee.''.
Mr. BONIOR was recognized to speak to the point of order, and said:
``This resolution, Mr. Speaker, is about what happens to the House
after the House of Representatives adjourns. Clearly, the issue which I
am addressing is important in resolving that question. The Speaker of
the House has traditionally, under the resolutions of recent years, been
able to call us back into session is indeed there was a national or
international emergency to do so. However, the agreement was reached in
terms of giving the Speaker that power. It seems to me with the cloud
hanging over the head of this institution because of the alleged
violations by the Speaker on tax fraud and misleading the committee and
other issues, that in fact the committee has just today broadened in
terms of its interest in GOPAC.
``Mr. Speaker, I am trying to make the point that this resolution is
about the Speaker's authority to bring us back.
``We are attempting to amend that particular resolution in order,
because the Speaker is at question here on a very important point.
``In order to trigger the House back into session, if indeed the
special counsel issues its report to the Committee on Standards of
Official Conduct, it is entirely within the scope of the discussion that
we are having on this particular rule.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``Matters pending before the Committee on Standards of Official
Conduct regarding the official conduct of sitting Members may not be
dabated on the House floor if there is not pending a question of the
privileges of the House. This has been the consistent ruling of the
Chair in this and prior Congresses.
``The fact that the committee may have issued an interim status report
does not justify such references in debate. This also includes
references to proposed House action on and scheduling of matters
relating to the conduct of Members.
``The gentleman [Mr. Bonior] may proceed in order.''.
para.117.27 point of order
Mr. VOLKMER rose to a point of order, and said:
``Mr. Speaker, according to the resolution presently pending before
the House that, in the event that the Committee on Standards of Official
Conduct would make a full report to the House subsequent to adjournment
sine die, and in that report would either call for the resignation,
reprimand, or expulsion of the Speaker, that this House, under this
resolution, would not be able to come back in and take up that report.
``Now, the debate is, correct me if I am wrong, I think the debate is
whether or not this resolution should be amended as to whether or not
the House should be able to come back in to take up such a report and
take action on that report.
[[Page 2454]]
``Now, what my point of order is, is the Chair now saying we cannot
discuss the aspect of this resolution that is pending before the
House?''.
The SPEAKER pro tempore, Mr. BURTON, responded to the point of order,
and said:
``The question is not necessarily merely one of relevance. The
question is one of personalities and decorum in debate. Members must
avoid personalities within the meaning of rule XIV and the precedents
thereunder.''.
The SPEAKER pro tempore, Mr. BURTON, directed the gentleman from
Michigan [Mr. Bonior] to proceed in order.
para.117.28 point of order
Mr. BONIOR further addressed the House and, during the course of his
remarks,
Mr. LINDER made a point of order, and said:
``The gentleman is referring to matters appropriately before the
Committee on Standards of Official Conduct, and he is explicitly out of
order.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the point of order, and personal references to
the Speaker are out of order.
``The gentleman [Mr. Bonior] may proceed in order.''.
para.117.29 point of order
Ms. DeLAURO, during debate addressed the House and, during the course
of her remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentlewoman is referring to matters before the
Committee on Standards of Official Conduct, and she is specifically
ignoring the rules of the House.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the point of order. The gentlewoman [Ms. DeLauro]
must proceed in order.''.
para.117.30 point of order
Ms. DeLAURO further addressed the House and, during the course of her
remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, further point of order. The gentlewoman is now
referring to matters before the Committee on Standards of Official
Conduct with respect to the outside counsel and she is explicitly
ignoring the rules of the House.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair again sustains the point of order and requests the
gentlewoman [Ms. DeLauro] in the well to proceed in order.''.
para.117.31 point of order
Ms. DeLAURO further addressed the House and, during the course of her
remarks,
Mr. SOLOMON made a point of order, and said:
``Mr. Speaker, this is not an adjournment resolution. The gentlewoman
is out of order.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``For reasons previously stated, the Chair sustains the gentleman's
point of order.''.
para.117.32 point of order
Mr. BONIOR, during debate addressed the House and, during the course
of his remarks,
Mr. LINDER made a point of order, and said:
``The gentleman is referring to matters before the Committee on
Standards of Official Conduct. He is ignoring the House rules one more
time. At what point, Mr. Speaker, do we go back to regular order, to
obeying the House rules so we can conduct our business?''.
Mr. BONIOR was recognized to speak to the point of order, and said:
``Mr. Speaker, I did not interrupt the gentleman from Florida [Mr.
Goss] when he made point of order reference to the work that he was
doing in the subcommittee, because I thought it was important for this
body to hear.
``I merely cite point of order citation of the report that they made
Thursday to make this point: And that is that the people of the sixth
district of Georgia have a right to know what this body and what the
outside counsel will determine on a candidate who is running for office
in that district. And it is wrong for this body and this institution to
adjourn and to give the authority to adjourn to the person whose case is
before this body.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the gentleman's [Mr. Linder] point of order
against the gentleman from Michigan's [Mr. Bonior] remarks. The time of
the gentleman has expired.''.
para.117.33 point of order
Mr. LEWIS of Georgia, during debate addressed the House and, during
the course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on standards of Official Conduct, which is explicitly
forbidden by House rules.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair will sustain the gentleman's [Mr. Linder] point of order.
The gentleman [Mr. Lewis of Georgia] in the well will proceed in
order.''.
Mr. LEWIS of Georgia was recognized to speak to the point of order,
and said:
``Mr. Speaker, this is unbelievable. This is unreal. This is out of
the ordinary. Why can't a Member, all of the Members, not read from a
report of a standing committee of this body?
``I would like to continue, because I believe we have a mandate, a
mission, and a moral obligation.''.
The SPEAKER pro tempore, Mr. BURTON, responded, and said:
``The Chair has sustained the point of order, and the gentleman [Mr.
Lewis of Georgia] may proceed in order on his own time.''.
para.117.34 point of order
Mr. LEWIS of Georgia, further addressed the House and, during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``The gentleman is continuing to refer to matters in spite of recent
admonitions by the Chair that he is not complying with the House rules.
He continues to abuse the House rules referring to matters before the
Committee on Standards of Official Conduct.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the point of order.''.
para.117.35 point of order
Mr. LEWIS of Georgia, further addressed the House and, during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct one more time. This is the
third or fourth admonition by the Chair. Apparently, he does not
understand the rules. Would you please explain them one more time?''.
Ms. JACKSON-LEE was recognized to speak to the point of order, and
said:
``Mr. Speaker, what I am having difficulty in understanding from the
gentleman from Georgia [Mr. Linder], the document that the gentleman
from Georgia [Mr. Lewis] in the well is speaking about is a public
document, and I am trying to understand, Mr. Speaker, why there would be
any ruling that would disagree with any Member being allowed to be in
the well of the House speaking to a public document and requesting a
procedural amendment while we are in the midst of discussing an
adjournment resolution.
``I believe that the gentleman [Mr. Lewis] is appropriate in his
remarks.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair is prepared to rule. The Chair will repeat the prior
ruling. Matters pending before the Committee on Standards of Official
Conduct regarding the official conduct of sitting Members may not be
debated on the floor where there is not pending a question of the
privileges of the House.
``This has been the consistent ruling of the Chair in this and prior
Congresses. The fact that the committee may have issued an interim
status report does not justify such references in
[[Page 2455]]
debate. This also includes references to proposed House action on
scheduling of matters relating to the conduct of Members.
``The gentleman [Mr. Lewis of Georgia] may proceed in order.''.
Mr. HEFNER appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgement of the House?
Mr. WALKER moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
So the motion to lay the appeal on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
The SPEAKER pro tempore, Mr. BURTON, directed the gentleman from
Georgia [Mr. Lewis] to proceed in order.
para.117.36 point of order
Mr. LEWIS of Georgia, further addressed the House, and during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``Mr. Speaker, I reassert my same point of order. The gentleman [Mr.
Lewis of Georgia] is referring to matters before the Committee on
Standards of Official Conduct.''.
Mrs. JOHNSON of Connecticut was recognized to speak to the second
point of order, and said:
``I would like to remind the Members of this House on both sides of
the aisle that rules adopted under the Democrats when they were in the
majority, supported by Democrats and Republicans alike, govern the work
of the Committee on Standards of Official Conduct and require that its
work be made public.
``And if the House will have the courage and the civility to let us
complete our work, we will complete our work, the matter will be made
public, and the Committee on Standards of Official Conduct will hold
every Member of this House to those standards.''.
Mrs. SCHROEDER was recognized to speak to the point of order, and
said:
``Mr. Speaker, the gentleman from Georgia [Mr. Lewis of Georgia] is
making a point that this Speaker has violated those bipartisan rules, or
has been accused of that, and that we have been waiting for 2 years, 2
years for this committee to act.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair is prepared to rule on the point of order.
``The point of order of the gentleman from Georgia [Mr. Lewis of
Georgia] is sustained. The gentleman [Mr. Lewis] in the well from
Georgia must proceed in order.''.
para.117.37 point of order
Mr. LEWIS of Georgia, further addressed the House, and during the
course of his remarks,
Mr. LINDER made a point of order, and said:
``The gentleman [Mr. Lewis of Georgia] in the well is making
characterizations of allegations that are nowhere in any reports that
anyone knows of. He is characterizing the Speaker and he is out of
order.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The gentleman in the well from Georgia must proceed in order.''.
After further debate,
Ms. PRYCE moved the previous question on the resolution to its
adoption or rejection.
The question being put, viva voce,
Will the House now order the previous question?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
Mr. MOAKLEY objected to the vote on the ground that a quorum was not
present and not voting.
The SPEAKER pro tempore, Mr. BURTON, pursuant to clause 5, rule I,
announced that further proceedings on the question to order the previous
question on said resolution were postponed.
The point of no quorum was considered as withdrawn.
para.117.38 presidio administration
Mr. YOUNG of Alaska moved to suspend the rules and pass the bill (H.R.
4236) to provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes; as
amended.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. YOUNG of Alaska
and Mr. MILLER of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and pass said bill, as amended?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
Mr. YOUNG of Alaska demanded that the vote be taken by the yeas and
nays, which demand was supported by one-fifth of the Members present, so
the yeas and nays were ordered.
The SPEAKER pro tempore, Mr. BURTON, pursuant to clause 5, rule I,
announced that further proceedings on the motion were postponed.
para.117.39 metric conversion
Mr. WALKER, by unanimous consent, requested that the ordering of the
yeas and nays on the motion to suspend the rules and pass the bill (H.R.
4233) to provide for appropriate implementation of the Metric Conversion
Act of 1975 in Federal construction projects, and for other purposes, be
vacated.
Accordingly,
The question being put, viva voce,
Will the House suspend the rules and pass said bill?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill was passed.
A motion to reconsider the vote whereby the rules were suspended and
said bill was passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.40 soft-metric conversion
Mr. WALKER moved to suspend the rules and agree to the following
amendment of the Senate to the bill (H.R. 2779) to provide for soft-
metric conversion, and for other purposes:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings in Construction Act
of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Metric Conversion Act of 1975 was enacted in order
to set forth the policy of the United States to convert to
the metric system. Section 3 of that Act requires that each
Federal agency use the metric system of measurements in its
procurement, grants, and other business-related activities,
unless that use is likely to cause significant cost or loss
of markets to United States firms, such as when foreign
competitors are producing competing products in non-metric
units.
(2) In accordance with that Act and Executive Order 12770,
of July 25, 1991, Federal agencies increasingly construct new
Federal buildings in round metric dimensions. As a result,
companies that wish to bid on Federal construction projects
increasingly are asked to supply materials or products in
round metric dimensions.
(3) While the Metric Conversion Act of 1975 currently
provides an exemption to metric usage when impractical or
when such usage will cause economic inefficiencies,
amendments are warranted to ensure that the use of specific
metric components in metric construction projects do not
increase the cost of Federal buildings to the taxpayers.
SEC. 3. DEFINITIONS.
Section 4 of the Metric Conversion Act of 1975 (15 U.S.C.
205c) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking ``Commerce.'' in paragraph (4) and
inserting ``Commerce;''; and
(3) by inserting after paragraph (4) the following:
``(5) `full and open competition' has the same meaning as
defined in section 403(6) of title 41, United States Code;
``(6) `total installed price' means the price of purchasing
a product or material, trimming or otherwise altering some or
all of that product or material, if necessary to fit with
other building components, and then installing that product
or material into a Federal facility;
``(7) `hard-metric' means measurement, design, and
manufacture using the metric system of measurement, but does
not include measurement, design, and manufacture using
English system measurement units which are subsequently
reexpressed in the metric system of measurement;
[[Page 2456]]
``(8) `cost or pricing data or price analysis' has the
meaning given such terms in section 304A of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254b); and
``(9) `Federal facility' means any public building (as
defined under section 13 of the Public Buildings Act of 1959
(40 U.S.C. 612) and shall include any Federal building or
construction project--
``(A) on lands in the public domain;
``(B) on lands used in connection with Federal programs for
agriculture research, recreation, and conservation programs;
``(C) on or used in connection with river, harbor, flood
control, reclamation, or power projects;
``(D) on or used in connection with housing and residential
projects;
``(E) on military installations (including any fort, camp,
post, naval training station, airfield, proving ground,
military supply depot, military school, or any similar
facility of the Department of Defense);
``(F) on installations of the Department of Veteran Affairs
used for hospital or domiciliary purposes; or
``(G) on lands used in connection with Federal prisons,
but does not include (i) any Federal Building or construction
project the exclusion of which the President deems to be
justified in the public interest, or (ii) any construction
project or building owned or controlled by a State
government, local government, Indian tribe, or any private
entity.''.
SEC. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL FACILITIES.
(a) The Metric Conversion Act of 1975 (15 U.S.C. 205 et
sec.) is amended by inserting after section 13 the following
new section:
``SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION
SERVICES AND MATERIALS FOR FEDERAL FACILITIES.
``(a) In General.--Construction services and materials for
Federal facilities shall be procured in accordance with the
policies and procedures set forth in chapter 137 of title 10,
United States Code, section 2377 of title 10, United States
Code, title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), and section
3(2) of this Act. Determination of a design method shall be
based upon preliminary market research as required under
section 2377(c) of title 10, United States Code, and section
314B(c) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 264b(c)). If the requirements of this
Act conflict with the provisions of section 2377 of title 10,
United States Code, or section 314B of the Federal Property
and Administrative Services Act of 1949, then the provisions
of 2377 or 314B shall take precedence.
``(b) Concrete Masonry Units.--In carrying out the policy
set forth in section 3 (with particular emphasis on the
policy set forth in paragraph (2) of that section) a Federal
agency may require that specifications for the acquisition of
structures or systems of concrete masonry be expressed under
the metric system of measurement, but may not incorporate
specifications, that can only be satisfied by hard-metric
versions of concrete masonry units, in a solicitation for
design or construction of a Federal facility within the
United States or its territories, or a portion of said
Federal facility, unless the head of the agency determines in
writing that--
``(1) hard-metric specifications are necessary in a
contract for the repair or replacement of parts of Federal
facilities in existence or under construction upon the
effective date of the Savings in Construction Act of 1996; or
``(2) the following 2 criteria are met:
``(A) the application requires hard-metric concrete masonry
units to coordinate dimensionally into 100 millimeter
building modules; and
``(B) the total installed price of hard-metric concrete
masonry units is estimated to be equal to or less than the
total installed price of using non-hard-metric concrete
masonry units. Total installed price estimates shall be
based, to the extent available, on cost or pricing data or
price analysis, using actual hard-metric and non-hard-metric
offers received for comparable existing projects. The head of
the agency shall include in the writing required in this
subsection an explanation of the factors used to develop the
price estimates.
``(c) Recessed Lighting Fixtures.--In carrying out the
policy set forth in section 3 (with particular emphasis on
the policy set forth in paragraph (2) of that section) a
Federal agency may require that specifications for the
acquisition of structures or systems of recessed lighting
fixtures be expressed under the metric system of measurement,
but may not incorporate specifications, that can only be
satisfied by hard-metric versions of recessed lighting
fixtures, in a solicitation for design or construction of a
Federal facility within the United States or its territories
unless the head of the agency determines in writing that--
``(1) the predominant voluntary industry consensus
standards include the use of hard-metric for the items
specified; or
``(2) hard-metric specifications are necessary in a
contract for the repair or replacement of parts of Federal
facilities in existence or under construction upon the
effective date of the Savings in Construction Act of 1996; or
``(3) the following 2 criteria are met:
``(A) the application requires hard-metric recessed
lighting fixtures to coordinate dimensionally into 100
millimeter building modules; and
``(B) the total installed price of hard-metric recessed
lighting fixtures is estimated to be equal to or less than
the total installed price of using non-hard-metric recessed
lighting fixtures. Total installed price estimates shall be
based, to the extent available, on cost or pricing data or
price analysis, using actual hard-metric and non-hard-metric
offers received for comparable existing projects. The head of
the agency shall include in the writing required in this
subsection an explanation of the factors used to develop the
price estimates.
``(d) Limitation.--The provisions of subsections (b) and
(c) of this section shall not apply to Federal contracts to
acquire construction products for the construction of
facilities outside of the United States and its territories.
``(e) Expiration.--The provisions contained in subsections
(b) and (c) of this section shall expire 10 years from the
effective date of the Savings in Construction Act of 1996.''.
SEC. 5. OMBUDSMAN.
Section 14 of the Metric Conversion Act of 1975, as added
by section 4 of this Act, is further amended by adding at the
end the following new subsection:
``(f) Agency Ombudsman.--(1) The head of each executive
agency that awards construction contracts within the United
States and its territories shall designate a senior agency
official to serve as a construction metrication ombudsman who
shall be responsible for reviewing and responding to
complaints from prospective bidders, subcontractors,
suppliers, or their designated representatives related to--
``(A) guidance or regulations issued by the agency on the
use of the metric system of measurement in contracts for the
construction of Federal buildings; and
``(B) the use of the metric system of measurement for
services and materials required for incorporation in
individual projects to construct Federal buildings.
The construction metrication ombudsman shall be independent
of the contracting officer for construction contracts.
``(2) The ombudsman shall be responsible for ensuring that
the agency is not implementing the metric system of
measurement in a manner that is impractical or is likely to
cause significant inefficiencies or loss of markets to United
States firms in violation of the policy stated in section
3(2), or is otherwise inconsistent with guidance issued by
the Secretary of Commerce in consultation with the
Interagency Council on Metric Policy while ensuring that the
goals of the Metric Conversion Act of 1975 are observed.
``(3) The ombudsman shall respond to each complaint in
writing within 60 days and make a recommendation to the head
of the executive agency for an appropriate resolution
thereto. In such a recommendation, the ombudsman shall
consider--
``(A) whether the agency is adequately applying the
policies and procedures in this section;
``(B) whether the availability of hard-metric products and
services from United States firms is sufficient to ensure
full and open competition; and
``(C) the total installed price to the Federal Government.
``(4) After the head of the agency has rendered a decision
regarding a recommendation of the ombudsman, the ombudsman
shall be responsible for communicating the decision to all
appropriate policy, design, planning, procurement, and
notifying personnel in the agency. The ombudsman shall
conduct appropriate monitoring as required to ensure the
decision is implemented, and may submit further
recommendations, as needed. The head of the agency's decision
on the ombudsman's recommendations, and any supporting
documentation, shall be provided to affected parties and made
available to the public in a timely manner.
``(5) Nothing in this section shall be construed to
supersede the bid protest process established under
subchapter V of chapter 35 of title 31, United States
Code.''.
SEC. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVISIONS.
(a) Effective Date.--This Act and the amendments made by
this Act shall take effect 90 days after the date of
enactment of this Act.
(b) Savings Provisions.--This Act shall not apply to
contracts awarded and solicitations issued on or before the
effective date of this Act, unless the head of a Federal
agency makes a written determination in his or her sole
discretion that it would be in the public interest to apply
one or more provisions of this Act or its amendments to these
existing contracts or solicitations.
The SPEAKER pro tempore, Mr. BURTON, recognized Mr. WALKER and Mr.
BROWN of California, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said amendment?
The SPEAKER pro tempore, Mr. BURTON, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said amendment was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said amendment was agreed to was, by unanimous consent, laid on the
table.
[[Page 2457]]
Ordered, That the Clerk notify the Senate thereof.
para.117.41 submission of conference report--h.r. 3610
MR. LIVINGSTON submitted a conference report (Rept. No. 104-863) on
the bill (H.R. 3610) making appropriations for the Department of Defense
for the fiscal year ending September 30, 1997, and for other purposes;
together with a statement thereon, for printing in the Record under the
rule.
para.117.42 order of business--consideration of conference report to
accompany h.r. 3610
On motion of Mr. LIVINGSTON, by unanimous consent,
Ordered, That it may be in order to consider the conference report to
accompany the bill (H.R. 3610) making appropriations for the Department
of Defense for the fiscal year ending September 30, 1997, and for other
purposes; that all points of order against the conference report and
against its consideration be waived; that the conference report be
considered as read; and that upon adoption of the conference report,
notwithstanding any rule of the House to the contrary, the bill (H.R.
4278) making omnibus consolidated appropriations for the fiscal year
ending September 30, 1997, and for other purposes, be considered as
passed.
para.117.43 recess--6:45 p.m.
The SPEAKER pro tempore, Mr. BURTON, pursuant to clause 12 of rule I,
declared the House in recess at 6 o'clock and 45 minutes, subject to the
call of the Chair.
para.117.44 after recess--7 p.m.
The SPEAKER pro tempore, Mr. WALKER, called the House to order.
para.117.45 unfinished business--approval of the journal
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 5, rule I,
announced the unfinished business to be the question on agreeing to the
Chair's approval of the Journal of Friday, September 27, 1996.
The question being put, viva voce,
Will the House agree to the Chair's approval of said Journal?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
So the Journal was approved.
para.117.46 h.r. 1332--unfinished business
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 1332) to establish certain policies and
responsibilities with respect to the administration of the Rongelap
Resettlement Trust Fund, and for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
398
<3-line {>
affirmative
Nays
5
para.117.47 [Roll No. 451]
YEAS--398
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--5
Chenoweth
Cooley
Radanovich
Scarborough
Stockman
NOT VOTING--30
Baker (LA)
Berman
Bliley
Blumenauer
Boucher
Cardin
Collins (MI)
Conyers
Cubin
DeFazio
Dellums
Doolittle
Durbin
Filner
Fowler
Frank (MA)
Gephardt
Green (TX)
Hancock
Hayes
Heineman
Lincoln
Markey
Menendez
Myers
Quillen
Rose
Taylor (NC)
Waters
Waxman
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
The SPEAKER pro tempore, Mr. WALKER, having voted on the prevailing
side, put the question on the motion to reconsider the motion whereby
the rules were suspended and the bill was passed.
The question being put, viva voce,
Will the House agree to said motion to reconsider the motion whereby
the rules were suspended and said bill was passed?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
So, said motion was not agreed to.
Mr. THOMAS demanded a recorded vote on agreeing to said motion, which
demand was not supported by one-fifth of a quorum, so a recorded vote
was not ordered.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.48 h.r. 3163--unfinished business
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to suspend
the rules and pass the bill (H.R. 3163) to provide that Oregon may not
tax compensation paid to a resident of Wash
[[Page 2458]]
ington for services as a Federal employee at a Federal hydroelectric
facility located on the Columbia River.
The question being put,
Will the House suspend the rules and pass said bill?
The vote was taken by electronic device.
It was decided in the
Yeas
199
<3-line {>
negative
Nays
209
para.117.49 [Roll No. 452]
YEAS--199
Allard
Archer
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brewster
Brownback
Bryant (TN)
Bunn
Bunning
Buyer
Calvert
Camp
Canady
Chabot
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cox
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dicks
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Gallegly
Ganske
Gekas
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Johnson, Sam
Kasich
Kelly
Kim
King
Kingston
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lucas
Manzullo
Martinez
Martini
McCollum
McCrery
McDade
McDermott
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Regula
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Sanford
Saxton
Schaefer
Seastrand
Shadegg
Shaw
Shuster
Sisisky
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Stockman
Talent
Tate
Tauzin
Thornberry
Tiahrt
Traficant
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--209
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bevill
Bilbray
Bonior
Borski
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Burr
Burton
Callahan
Campbell
Castle
Chambliss
Chapman
Chenoweth
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Cooley
Costello
Coyne
Cramer
Crane
Cummings
Danner
de la Garza
DeFazio
DeLauro
Deutsch
Dickey
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Everett
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frost
Funderburk
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Jones
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Mascara
Matsui
McCarthy
McHale
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Ramstad
Rangel
Reed
Richardson
Riggs
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Salmon
Sanders
Sawyer
Scarborough
Schiff
Schroeder
Schumer
Scott
Sensenbrenner
Serrano
Shays
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Tanner
Taylor (MS)
Tejeda
Thomas
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--25
Baker (LA)
Berman
Blumenauer
Boucher
Cardin
Collins (MI)
Conyers
Dellums
Doolittle
Durbin
Filner
Fowler
Frank (MA)
Green (TX)
Hancock
Hayes
Heineman
Lincoln
Menendez
Myers
Quillen
Rose
Taylor (NC)
Waters
Waxman
So, two-thirds of the Members present having not voted in favor
thereof, the rules were not suspended and said bill was not passed.
para.117.50 h.r. 4236--unfinished business
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 5, rule I,
announced the unfinished business to be the motion to suspend the rules
and pass the bill (H.R. 4236) to provide for the administration of
certain Presidio properties at minimal cost to the Federal taxpayer, and
for other purposes; as amended.
The question being put,
Will the House suspend the rules and pass said bill, as amended?
The vote was taken by electronic device.
It was decided in the
Yeas
404
<3-line {>
affirmative
Nays
4
para.117.51 [Roll No. 453]
YEAS--404
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Dornan
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
[[Page 2459]]
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--4
Chenoweth
Coburn
Stockman
Taylor (MS)
NOT VOTING--25
Baker (LA)
Berman
Blumenauer
Boucher
Cardin
Collins (MI)
Conyers
Dellums
Doolittle
Durbin
Filner
Fowler
Frank (MA)
Green (TX)
Hancock
Hayes
Heineman
Lincoln
Menendez
Myers
Quillen
Rose
Taylor (NC)
Waters
Waxman
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said bill, as amended, was passed.
Mr. REGULA moved to reconsider the motion whereby the rules were
suspended and said bill was passed.
Mr. HANSEN moved to lay on the table the motion to reconsider the
vote.
The question being put, viva voce,
Will the House lay on the table the motion to reconsider said vote?
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
Mr. THOMAS demanded that the vote be taken by the yeas and nays, which
demand was not supported by one-fifth of the Members present, so the
yeas and nays were not ordered.
So the motion to reconsider the vote whereby the rules were suspended
and said bill, as amended, was passed was laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.52 clerk to correct engrossment
On motion of Mr. YOUNG of Alaska, by unanimous consent,
Ordered, That the Clerk be authorized to make technical and conforming
changes in the engrossment of the foregoing bill.
para.117.53 h. res. 546--unfinished business
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 5, rule I,
announced the further unfinished business to be the motion to order the
previous question on the resolution (H. Res. 546) providing for the
consideration of certain resolutions in preparation for the adjournment
of the second session sine die.
The question being put,
Will the House agree to the ordering of the previous question on the
resolution?
The SPEAKER pro tempore, Mr. WALKER, announced that yeas had it.
Mr. MOAKLEY demanded that the vote be taken by the yeas and nays,
which demand was supported by one-fifth of the Members present, so the
yeas and nays were ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
223
<3-line {>
affirmative
Nays
183
para.117.54 [Roll No. 454]
YEAS--223
Allard
Armey
Bachus
Baker (CA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonilla
Bono
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Clinger
Coble
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Cunningham
Davis
Deal
DeLay
Diaz-Balart
Dickey
Dornan
Dreier
Duncan
Dunn
Ehlers
Ehrlich
English
Ensign
Everett
Ewing
Fawell
Fields (TX)
Flanagan
Foley
Forbes
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gilchrest
Gillmor
Gilman
Goodlatte
Goodling
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutknecht
Hall (TX)
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Hoke
Horn
Hostettler
Houghton
Hunter
Hyde
Inglis
Istook
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King
Kingston
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Longley
Lucas
Manzullo
Martini
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Meyers
Mica
Miller (FL)
Molinari
Moorhead
Morella
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Oxley
Packard
Parker
Paxon
Petri
Pombo
Porter
Portman
Pryce
Quinn
Radanovich
Ramstad
Regula
Riggs
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Salmon
Sanford
Saxton
Scarborough
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stockman
Stump
Talent
Tate
Tauzin
Thomas
Thornberry
Tiahrt
Torkildsen
Upton
Vucanovich
Walker
Walsh
Wamp
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--183
Abercrombie
Ackerman
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Becerra
Beilenson
Bentsen
Bevill
Bishop
Bonior
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Condit
Costello
Coyne
Cramer
Cummings
Danner
de la Garza
DeFazio
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Evans
Farr
Fattah
Fazio
Fields (LA)
Flake
Foglietta
Ford
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gonzalez
Gordon
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefner
Hilliard
Hinchey
Holden
Hoyer
Hutchinson
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
LaFalce
Lantos
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney
Manton
Markey
Martinez
Mascara
Matsui
McCarthy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Millender-McDonald
Miller (CA)
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Murtha
Nadler
Neal
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Rahall
Rangel
Reed
Richardson
Rivers
Roemer
Roybal-Allard
Rush
Sabo
Sanders
Sawyer
Schroeder
Schumer
Scott
Serrano
Sisisky
Skaggs
Skelton
Slaughter
Spratt
Stark
Stenholm
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Tejeda
Thompson
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Velazquez
Vento
Visclosky
Volkmer
Ward
Watt (NC)
Williams
Wilson
Wise
Woolsey
Wynn
Yates
NOT VOTING--27
Archer
Baker (LA)
Berman
Blumenauer
Boucher
Cardin
Collins (MI)
Conyers
Dellums
Doolittle
Durbin
Filner
Fowler
Frank (MA)
Gekas
Green (TX)
Hancock
Hayes
Heineman
Lincoln
Menendez
Myers
Quillen
Rose
Taylor (NC)
Waters
Waxman
So the previous question was ordered on said resolution.
The question being put, viva voce,
Will the House agree to said resolution?
[[Page 2460]]
The SPEAKER pro tempore, Mr. WALKER, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
para.117.55 organizational caucus or conference for 105th congress
Pursuant to section 3 of House Resolution 546, the following
resolution (H. Res. 551) was considered agreed to:
Resolved, That any organizational caucus or conference in
the House of Representatives for the One Hundred Fifth
Congress may begin on or after November 15, 1996.
Sec. 2. As used in this resolution, the term
``organizational caucus or conference'' means a party caucus
or conference authorized to be called under section 202(a) of
House Resolution 988, Ninety-third Congress, agreed to on
October 8, 1974, and enacted into permanent law by chapter
III of title I of the Supplemental Appropriations Act, 1975
(2 U.S.C. 29a(a)).
para.117.56 rules and manual of the house of representatives
Pursuant to section 4 of House Resolution 546, the following
resolution (H. Res. 552) was considered agreed to:
Resolved, That a revised edition of the Rules and Manual of
the House of Representatives for the One Hundred Fifth
Congress be printed as a House document, and that three
thousand additional copies shall be printed and bound for the
use of the House of Representatives, of which nine hundred
copies shall be bound in leather with thumb index and
delivered as may be directed by the Parliamentarian of the
House.
para.117.57 investigative reports filed with the clerk--printing
Pursuant to section 5 of House Resolution 546,
Ordered, That all investigative reports may be filed with the Clerk
following sine die adjournment by committees authorized by the House to
conduct investigations, and may be printed by the Clerk as reports of
the One Hundred Fourth Congress.
para.117.58 activity reports filed with the clerk--printing
Pursuant to section 6 of House Resolution 546,
Ordered, That all reports on committee activities pursuant to clause
1(d) of rule XI, may be filed with the Clerk following sine die
adjournment and be printed by the Clerk as reports of the One Hundred
Fourth Congress.
para.117.59 speaker and minority leader to accept resignations, appoint
commissions
Pursuant to section 7 of House Resolution 546,
Ordered, That notwithstanding the adjournment of the second session of
the One Hundred Fourth Congress, the Speaker and the Minority Leader be
authorized to accept resignations and to appoint commissions, boards,
and committees authorized by law or by the House.
para.117.60 extension of remarks by committee chairmen and ranking
minority members
Pursuant to section 8 of House Resolution 546,
Ordered, That the chairman and ranking minority member of each
standing committee and each subcommittee be permitted to extend their
remarks in the Record, up to and including the Record's last
publication, and to include a summary of the work of that committee or
subcommittee.
para.117.61 general leave to extend remarks until last edition of the
record
Pursuant to section 9 of House Resolution 546,
Ordered, That all Members of the House shall have the privilege, until
the last edition authorized by the Joint Committee on Printing is
published, to extend and revise their own remarks in the Congressional
Record on more than one subject, if they so desire, and may also include
therein such short quotations as may be necessary to explain or complete
such extensions of remarks; but, this order shall not apply to any
subject matter which may have occurred or to any speech delivered
subsequent to the adjournment of Congress.
para.117.62 submission of conference report--h.r. 3005
Mr. BLILEY submitted a conference report (Rept. No. 104-864) on the
bill (H.R. 3005) to amend the Federal securities laws in order to
promote efficiency and capital formation in tbe financial markets, and
to amend the Investment Company Act of 1940 to promote more efficient
management of mutual funds, protect investors, and provide a more
effective and less burdensome regulation; together with a statement
thereon, for printing in the Record under the rule.
para.117.63 financial markets efficiency
Mr. BLILEY moved to suspend the rules and agree to the following
conference report (Rept. No. 104-864):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3005), to amend the Federal securities laws in order to
promote efficiency and capital formation in the financial
markets, and to amend the Investment Company Act of 1940 to
promote more efficient management of mutual funds, protect
investors, and provide more effective and less burdensome
regulation, having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Securities Markets Improvement Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Severability.
TITLE I--CAPITAL MARKETS
Sec. 101. Short title.
Sec. 102. Creation of national securities markets.
Sec. 103. Broker-dealer exemptions from State law.
Sec. 104. Broker-dealer funding.
Sec. 105. Exemptive authority.
Sec. 106. Promotion of efficiency, competition, and capital formation.
Sec. 107. Privatization of EDGAR.
Sec. 108. Improving coordination of supervision.
Sec. 109. Increased access to foreign business information.
TITLE II--INVESTMENT COMPANY ACT AMENDMENTS
Sec. 201. Short title.
Sec. 202. Funds of funds.
Sec. 203. Flexible registration of securities.
Sec. 204. Facilitating use of current information in advertising.
Sec. 205. Variable insurance contracts.
Sec. 206. Reports to the Commission and shareholders.
Sec. 207. Books, records, and inspections.
Sec. 208. Prohibition on deceptive investment company names.
Sec. 209. Amendments to definitions.
Sec. 210. Performance fees exemptions.
TITLE III--INVESTMENT ADVISERS SUPERVISION COORDINATION ACT
Sec. 301. Short title.
Sec. 302. Funding for enhanced enforcement priority.
Sec. 303. Improved supervision through State and Federal cooperation.
Sec. 304. Interstate cooperation.
Sec. 305. Disqualification of convicted felons.
Sec. 306. Investor access to information.
Sec. 307. Continued State authority.
Sec. 308. Effective date.
TITLE IV--SECURITIES AND EXCHANGE COMMISSION AUTHORIZATION
Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Authorization of appropriations.
Sec. 404. Registration fees.
Sec. 405. Transaction fees.
Sec. 406. Time for payment.
Sec. 407. Sense of the Congress concerning fees.
TITLE V--REDUCING THE COST OF SAVING AND INVESTMENT
Sec. 501. Exemption for economic, business, and industrial development
companies.
Sec. 502. Intrastate closed-end investment company exemption.
Sec. 503. Definition of eligible portfolio company.
Sec. 504. Definition of business development company.
Sec. 505. Acquisition of assets by business development companies.
Sec. 506. Capital structure amendments.
Sec. 507. Filing of written statements.
Sec. 508. Church employee pension plans.
Sec. 509. Promoting global preeminence of American securities markets.
Sec. 510. Studies and reports.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Commission'' means the Securities and
Exchange Commission; and
(2) the term ``State'' has the same meaning as in section 3
of the Securities Exchange Act of 1934.
SEC. 3. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or
[[Page 2461]]
circumstance is held to be unconstitutional, the remainder of
this Act, the amendments made by this Act, and the
application of the provisions of such to any person or
circumstance shall not be affected thereby.
TITLE I--CAPITAL MARKETS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Capital Markets Efficiency
Act of 1996''.
SEC. 102. CREATION OF NATIONAL SECURITIES MARKETS.
(a) In General.--Section 18 of the Securities Act of 1933
(15 U.S.C. 77r) is amended to read as follows:
``SEC. 18. EXEMPTION FROM STATE REGULATION OF SECURITIES
OFFERINGS.
``(a) Scope of Exemption.--Except as otherwise provided in
this section, no law, rule, regulation, or order, or other
administrative action of any State or any political
subdivision thereof--
``(1) requiring, or with respect to, registration or
qualification of securities, or registration or qualification
of securities transactions, shall directly or indirectly
apply to a security that--
``(A) is a covered security; or
``(B) will be a covered security upon completion of the
transaction;
``(2) shall directly or indirectly prohibit, limit, or
impose any conditions upon the use of--
``(A) with respect to a covered security described in
subsection (b), any offering document that is prepared by or
on behalf of the issuer; or
``(B) any proxy statement, report to shareholders, or other
disclosure document relating to a covered security or the
issuer thereof that is required to be and is filed with the
Commission or any national securities organization registered
under section 15A of the Securities Exchange Act of 1934,
except that this subparagraph does not apply to the laws,
rules, regulations, or orders, or other administrative
actions of the State of incorporation of the issuer; or
``(3) shall directly or indirectly prohibit, limit, or
impose conditions, based on the merits of such offering or
issuer, upon the offer or sale of any security described in
paragraph (1).
``(b) Covered Securities.--For purposes of this section,
the following are covered securities:
``(1) Exclusive federal registration of nationally traded
securities.--A security is a covered security if such
security is--
``(A) listed, or authorized for listing, on the New York
Stock Exchange or the American Stock Exchange, or listed on
the National Market System of the Nasdaq Stock Market (or any
successor to such entities);
``(B) listed, or authorized for listing, on a national
securities exchange (or tier or segment thereof) that has
listing standards that the Commission determines by rule (on
its own initiative or on the basis of a petition) are
substantially similar to the listing standards applicable to
securities described in subparagraph (A); or
``(C) is a security of the same issuer that is equal in
seniority or that is a senior security to a security
described in subparagraph (A) or (B).
``(2) Exclusive federal registration of investment
companies.--A security is a covered security if such security
is a security issued by an investment company that is
registered, or that has filed a registration statement, under
the Investment Company Act of 1940.
``(3) Sales to qualified purchasers.--A security is a
covered security with respect to the offer or sale of the
security to qualified purchasers, as defined by the
Commission by rule. In prescribing such rule, the Commission
may define the term `qualified purchaser' differently with
respect to different categories of securities, consistent
with the public interest and the protection of investors.
``(4) Exemption in connection with certain exempt
offerings.--A security is a covered security with respect to
a transaction that is exempt from registration under this
title pursuant to--
``(A) paragraph (1) or (3) of section 4, and the issuer of
such security files reports with the Commission pursuant to
section 13 or 15(d) of the Securities Exchange Act of 1934;
``(B) section 4(4);
``(C) section 3(a), other than the offer or sale of a
security that is exempt from such registration pursuant to
paragraph (4) or (11) of such section, except that a
municipal security that is exempt from such registration
pursuant to paragraph (2) of such section is not a covered
security with respect to the offer or sale of such security
in the State in which the issuer of such security is located;
or
``(D) Commission rules or regulations issued under section
4(2), except that this subparagraph does not prohibit a State
from imposing notice filing requirements that are
substantially similar to those required by rule or regulation
under section 4(2) that are in effect on September 1, 1996.
``(c) Preservation of Authority.--
``(1) Fraud authority.--Consistent with this section, the
securities commission (or any agency or office performing
like functions) of any State shall retain jurisdiction under
the laws of such State to investigate and bring enforcement
actions with respect to fraud or deceit, or unlawful conduct
by a broker or dealer, in connection with securities or
securities transactions.
``(2) Preservation of filing requirements.--
``(A) Notice filings permitted.--Nothing in this section
prohibits the securities commission (or any agency or office
performing like functions) of any State from requiring the
filing of any document filed with the Commission pursuant to
this title, together with annual or periodic reports of the
value of securities sold or offered to be sold to persons
located in the State (if such sales data is not included in
documents filed with the Commission), solely for notice
purposes and the assessment of any fee, together with a
consent to service of process and any required fee.
``(B) Preservation of fees.--
``(i) In general.--Until otherwise provided by law, rule,
regulation, or order, or other administrative action of any
State, or any political subdivision thereof, adopted after
the date of enactment of the Capital Markets Efficiency Act
of 1996, filing or registration fees with respect to
securities or securities transactions shall continue to be
collected in amounts determined pursuant to State law as in
effect on the day before such date.
``(ii) Schedule.--The fees required by this subparagraph
shall be paid, and all necessary supporting data on sales or
offers for sales required under subparagraph (A), shall be
reported on the same schedule as would have been applicable
had the issuer not relied on the exemption provided in
subsection (a).
``(C) Availability of preemption contingent on payment of
fees.--
``(i) In general.--During the period beginning on the date
of enactment of the National Securities Market Improvement
Act of 1996 and ending 3 years after that date of enactment,
the securities commission (or any agency or office performing
like functions) of any State may require the registration of
securities issued by any issuer who refuses to pay the fees
required by subparagraph (B).
``(ii) Delays.--For purposes of this subparagraph, delays
in payment of fees or underpayments of fees that are promptly
remedied shall not constitute a refusal to pay fees.
``(D) Fees not permitted on listed securities.--
Notwithstanding subparagraphs (A), (B), and (C), no filing or
fee may be required with respect to any security that is a
covered security pursuant to subsection (b)(1), or will be
such a covered security upon completion of the transaction,
or is a security of the same issuer that is equal in
seniority or that is a senior security to a security that is
a covered security pursuant to subsection (b)(1).
``(3) Enforcement of requirements.--Nothing in this section
shall prohibit the securities commission (or any agency or
office performing like functions) of any State from
suspending the offer or sale of securities within such State
as a result of the failure to submit any filing or fee
required under law and permitted under this section.
``(d) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Offering document.--The term `offering document'--
``(A) has the meaning given the term `prospectus' in
section 2(10), but without regard to the provisions of
subparagraphs (A) and (B) of that section; and
``(B) includes a communication that is not deemed to offer
a security pursuant to a rule of the Commission.
``(2) Prepared by or on behalf of the issuer.--Not later
than 6 months after the date of enactment of the Securities
Amendments Act of 1996, the Commission shall, by rule, define
the term `prepared by or on behalf of the issuer' for
purposes of this section.
``(3) State.--The term `State' has the same meaning as in
section 3 of the Securities Exchange Act of 1934.
``(4) Senior security.--For purposes of this paragraph, the
term `senior security' means any bond, debenture, note, or
similar obligation or instrument constituting a security and
evidencing indebtedness, and any stock of a class having
priority over any other class as to distribution of assets or
payment of dividends.''.
(b) Study and Report on Uniformity.--The Commission shall
conduct a study, after consultation with States, issuers,
brokers, and dealers, on the extent to which uniformity of
State regulatory requirements for securities or securities
transactions has been achieved for securities that are not
covered securities (within the meaning of section 18 of the
Securities Act of 1933, as amended by paragraph (1) of this
subsection). Not later than 1 year after the date of
enactment of this Act, the Commission shall submit a report
to the Congress on the results of such study.
SEC. 103. BROKER-DEALER EXEMPTIONS FROM STATE LAW.
(a) In General.--Section 15 of the Securities Exchange Act
of 1934 (15 U.S.C. 78o) is amended by adding at the end the
following new subsection:
``(h) Limitations on State Law.--
``(1) Capital, margin, books and records, bonding, and
reports.--No law, rule, regulation, or order, or other
administrative action of any State or political subdivision
thereof shall establish capital, custody, margin, financial
responsibility, making and keeping records, bonding, or
financial or operational reporting requirements for brokers,
dealers, municipal securities dealers, government securities
brokers, or government securities dealers that differ from,
or are in addition to, the requirements in those areas
established under this title. The Commission shall consult
periodically the securities commissions (or any agency or
office performing like functions) of the States concerning
the
[[Page 2462]]
adequacy of such requirements as established under this
title.
``(2) De minimis transactions by associated persons.--No
law, rule, regulation, or order, or other administrative
action of any State or political subdivision thereof may
prohibit an associated person of a broker or dealer from
affecting a transaction described in paragraph (3) for a
customer in such State if--
``(A) such associated person is not ineligible to register
with such State for any reason other than such a transaction;
``(B) such associated person is registered with a
registered securities association and at least one State; and
``(C) the broker or dealer with which such person is
associated is registered with such State.
``(3) Described transactions.--
``(A) In general.--A transaction is described in this
paragraph if--
``(i) such transaction is effected--
``(I) on behalf of a customer that, for 30 days prior to
the day of the transaction, maintained an account with the
broker or dealer; and
``(II) by an associated person of the broker or dealer--
``(aa) to which the customer was assigned for 14 days prior
to the day of the transaction; and
``(bb) who is registered with a State in which the customer
was a resident or was present for at least 30 consecutive
days during the 1-year period prior to the day of the
transaction;
``(ii) the transaction is effected--
``(I) on behalf of a customer that, for 30 days prior to
the day of the transaction, maintains an account with the
broker or dealer; and
``(II) during the period beginning on the date on which
such associated person files an application for registration
with the State in which the transaction is effected and
ending on the earlier of--
``(aa) 60 days after the date on which the application is
filed; or
``(bb) the date on which such State notifies the associated
person that it has denied the application for registration or
has stayed the pendency of the application for cause.
``(B) Rules of construction.--For purposes of subparagraph
(A)(i)(II)--
``(i) each of up to 3 associated persons of a broker or
dealer who are designated to effect transactions during the
absence or unavailability of the principal associated person
for a customer may be treated as an associated person to
which such customer is assigned; and
``(ii) if the customer is present in another State for 30
or more consecutive days or has permanently changed his or
her residence to another State, a transaction is not
described in this paragraph, unless the association person of
the broker or dealer files an application for registration
with such State not later than 10 business days after the
later of the date of the transaction, or the date of the
discovery of the presence of the customer in the other State
for 30 or more consecutive days or the change in the
customer's residence.''.
(b) Technical Amendment.--Section 28(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78bb(a)) is amended by
striking ``Nothing'' and inserting ``Except as otherwise
specifically provided in this title, nothing''.
SEC. 104. BROKER-DEALER FUNDING.
(a) Margin Requirements.--
(1) Extensions of credit by broker-dealers.--Section 7(c)
of the Securities Exchange Act of 1934 (15 U.S.C. 78g(c)) is
amended to read as follows:
``(c) Unlawful Credit Extension to Customers.--
``(1) Prohibition.--It shall be unlawful for any member of
a national securities exchange or any broker or dealer,
directly or indirectly, to extend or maintain credit or
arrange for the extension or maintenance of credit to or for
any customer--
``(A) on any security (other than an exempted security), in
contravention of the rules and regulations which the Board of
Governors of the Federal Reserve System (hereafter in this
section referred to as the `Board') shall prescribe under
subsections (a) and (b); and
``(B) without collateral or on any collateral other than
securities, except in accordance with such rules and
regulations as the Board may prescribe--
``(i) to permit under specified conditions and for a
limited period any such member, broker, or dealer to maintain
a credit initially extended in conformity with the rules and
regulations of the Board; and
``(ii) to permit the extension or maintenance of credit in
cases where the extension or maintenance of credit is not for
the purpose of purchasing or carrying securities or of
evading or circumventing the provisions of subparagraph (A).
``(2) Exception.--This subsection and the rules and
regulations issued under this subsection shall not apply to
any credit extended, maintained, or arranged by a member of a
national securities exchange or a broker or dealer to or for
a member of a national securities exchange or a registered
broker or dealer--
``(A) a substantial portion of whose business consists of
transactions with persons other than brokers or dealers; or
``(B) to finance its activities as a market maker or an
underwriter;
except that the Board may impose such rules and regulations,
in whole or in part, on any credit otherwise exempted by this
paragraph if the Board determines that such action is
necessary or appropriate in the public interest or for the
protection of investors.''.
(2) Extensions of credit by other lenders.--Section 7(d) of
the Securities Exchange Act of 1934 (78 U.S.C. 78g(d)) is
amended to read as follows:
``(d) Unlawful Credit Extension in Violation of Rules and
Regulations; Exception to Application of Rules, Etc.--
``(1) Prohibition.--It shall be unlawful for any person not
subject to subsection (c) to extend or maintain credit or to
arrange for the extension or maintenance of credit for the
purpose of purchasing or carrying any security, in
contravention of such rules and regulations as the Board
shall prescribe to prevent the excessive use of credit for
the purchasing or carrying of or trading in securities in
circumvention of the other provisions of this section. Such
rules and regulations may impose upon all loans made for the
purpose of purchasing or carrying securities limitations
similar to those imposed upon members, brokers, or dealers by
subsection (c) and the rules and regulations thereunder.
``(2) Exceptions.--This subsection and the rules and
regulations issued under this subsection shall not apply to
any credit extended, maintained, or arranged--
``(A) by a person not in the ordinary course of business;
``(B) on an exempted security;
``(C) to or for a member of a national securities exchange
or a registered broker or dealer--
``(i) a substantial portion of whose business consists of
transactions with persons other than brokers or dealers; or
``(ii) to finance its activities as a market maker or an
underwriter;
``(D) by a bank on a security other than an equity
security; or
``(E) as the Board shall, by such rules, regulations, or
orders as it may deem necessary or appropriate in the public
interest or for the protection of investors, exempt, either
unconditionally or upon specified terms and conditions or for
stated periods, from the operation of this subsection and the
rules and regulations thereunder.
``(3) Board authority.--The Board may impose such rules and
regulations, in whole or in part, on any credit otherwise
exempted by subparagraph (C) if it determines that such
action is necessary or appropriate in the public interest or
for the protection of investors.''.
(b) Borrowing by Members, Brokers, and Dealers.--Section 8
of the Securities Exchange Act of 1934 (15 U.S.C. 78h) is
amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 105. EXEMPTIVE AUTHORITY.
(a) General Exemptive Authority Under the Securities Act of
1933.--Title I of the Securities Act of 1933 (15 U.S.C. 77a
et seq.) is amended by adding at the end the following new
section:
``SEC. 28. GENERAL EXEMPTIVE AUTHORITY.
``The Commission, by rule or regulation, may conditionally
or unconditionally exempt any person, security, or
transaction, or any class or classes of persons, securities,
or transactions, from any provision or provisions of this
title or of any rule or regulation issued under this title,
to the extent that such exemption is necessary or appropriate
in the public interest, and is consistent with the protection
of investors.''.
(b) General Exemptive Authority Under the Securities
Exchange Act of 1934.--Title I of the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the
end the following new section:
``SEC. 36. GENERAL EXEMPTIVE AUTHORITY.
``(a) Authority.--
``(1) In general.--Except as provided in subsection (b),
but notwithstanding any other provision of this title, the
Commission, by rule, regulation, or order, may conditionally
or unconditionally exempt any person, security, or
transaction, or any class or classes of persons, securities,
or transactions, from any provision or provisions of this
title or of any rule or regulation thereunder, to the extent
that such exemption is necessary or appropriate in the public
interest, and is consistent with the protection of investors.
``(2) Procedures.--The Commission shall, by rule or
regulation, determine the procedures under which an exemptive
order under this section shall be granted and may, in its
sole discretion, decline to entertain any application for an
order of exemption under this section.
``(b) Limitation.--The Commission may not, under this
section, exempt any person, security, or transaction, or any
class or classes of persons, securities, or transactions from
section 15C or the rules or regulations issued thereunder or
(for purposes of section 15C and the rules and regulations
issued thereunder) from any definition in paragraph (42),
(43), (44), or (45) of section 3(a).''.
SEC. 106. PROMOTION OF EFFICIENCY, COMPETITION, AND CAPITAL
FORMATION.
(a) Securities Act of 1933.--Section 2 of the Securities
Act of 1933 (15 U.S.C. 77b) is amended--
(1) by inserting ``(a) Definitions.--'' after ``Sec. 2.'';
and
(2) by adding at the end the following new subsection:
``(b) Consideration of Promotion of Efficiency,
Competition, and Capital Formation.--Whenever pursuant to
this title the Commission is engaged in rulemaking and is
[[Page 2463]]
required to consider or determine whether an action is
necessary or appropriate in the public interest, the
Commission shall also consider, in addition to the protection
of investors, whether the action will promote efficiency,
competition, and capital formation.''.
(b) Securities Exchange Act of 1934.--Section 3 of the
Securities Exchange Act of 1934 (15 U.S.C. 78c) is amended by
adding at the end the following new subsection:
``(f) Consideration of Promotion of Efficiency,
Competition, and Capital Formation.--Whenever pursuant to
this title the Commission is engaged in rulemaking, or in the
review of a rule of a self-regulatory organization, and is
required to consider or determine whether an action is
necessary or appropriate in the public interest, the
Commission shall also consider, in addition to the protection
of investors, whether the action will promote efficiency,
competition, and capital formation.''.
(c) Investment Company Act of 1940.--Section 2 of the
Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended
by adding at the end the following new subsection:
``(c) Consideration of Promotion of Efficiency,
Competition, and Capital Formation.--Whenever pursuant to
this title the Commission is engaged in rulemaking and is
required to consider or determine whether an action is
consistent with the public interest, the Commission shall
also consider, in addition to the protection of investors,
whether the action will promote efficiency, competition, and
capital formation.''.
SEC. 107. PRIVATIZATION OF EDGAR.
(a) Examination.--The Commission shall examine proposals
for the privatization of the EDGAR system. Such examination
shall promote competition in the automation and rapid
collection and dissemination of information required to be
disclosed. Such examination shall include proposals that
maintain free public access to data filings in the EDGAR
system.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the
Congress a report on the examination under subsection (a).
Such report shall include such recommendations for such
legislative action as may be necessary to implement the
proposal that the Commission determines most effectively
achieves the objectives described in subsection (a).
SEC. 108. IMPROVING COORDINATION OF SUPERVISION.
Section 17 of the Securities Exchange Act of 1934 (15
U.S.C. 78q) is amended by adding at the end the following new
subsection:
``(i) Coordination of Examining Authorities.--
``(1) Elimination of duplication.--The Commission and the
examining authorities, through cooperation and coordination
of examination and oversight activities, shall eliminate any
unnecessary and burdensome duplication in the examination
process.
``(2) Coordination of examinations.--The Commission and the
examining authorities shall share such information, including
reports of examinations, customer complaint information, and
other nonpublic regulatory information, as appropriate to
foster a coordinated approach to regulatory oversight of
brokers and dealers that are subject to examination by more
than one examining authority.
``(3) Examinations for cause.--At any time, any examining
authority may conduct an examination for cause of any broker
or dealer subject to its jurisdiction.
``(4) Confidentiality.--
``(A) In general.--Section 24 shall apply to the sharing of
information in accordance with this subsection. The
Commission shall take appropriate action under section 24(c)
to ensure that such information is not inappropriately
disclosed.
``(B) Appropriate disclosure not prohibited.--Nothing in
this paragraph authorizes the Commission or any examining
authority to withhold information from the Congress, or
prevent the Commission or any examining authority from
complying with a request for information from any other
Federal department or agency requesting the information for
purposes within the scope of its jurisdiction, or complying
with an order of a court of the United States in an action
brought by the United States or the Commission.
``(5) Definition.--For purposes of this subsection, the
term `examining authority' means a self-regulatory
organization registered with the Commission under this title
(other than a registered clearing agency) with the authority
to examine, inspect, and otherwise oversee the activities of
a registered broker or dealer.''.
SEC. 109. INCREASED ACCESS TO FOREIGN BUSINESS INFORMATION.
Not later than 1 year after the date of enactment of this
Act, the Commission shall adopt rules under the Securities
Act of 1933 concerning the status under the registration
provisions of the Securities Act of 1933 of foreign press
conferences and foreign press releases by persons engaged in
the offer and sale of securities.
TITLE II--INVESTMENT COMPANY ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Investment Company Act
Amendments of 1996''.
SEC. 202. FUNDS OF FUNDS.
Section 12(d)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-12(d)(1)) is amended--
(1) in subparagraph (E)(iii)--
(A) by striking ``in the event such investment company is
not a registered investment company,''; and
(B) by inserting ``in the event that such investment
company is not a registered investment company,'' after
``(bb)'';
(2) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively;
(3) by striking ``this paragraph (1)'' each place that term
appears and inserting ``this paragraph'';
(4) by inserting after subparagraph (F) the following new
subparagraph:
``(G)(i) This paragraph does not apply to securities of a
registered open-end investment company or a registered unit
investment trust (hereafter in this subparagraph referred to
as the `acquired company') purchased or otherwise acquired by
a registered open-end investment company or a registered unit
investment trust (hereafter in this subparagraph referred to
as the `acquiring company') if--
``(I) the acquired company and the acquiring company are
part of the same group of investment companies;
``(II) the securities of the acquired company, securities
of other registered open-end investment companies and
registered unit investment trusts that are part of the same
group of investment companies, Government securities, and
short-term paper are the only investments held by the
acquiring company;
``(III) with respect to--
``(aa) securities of the acquired company, the acquiring
company does not pay and is not assessed any charges or fees
for distribution-related activities, unless the acquiring
company does not charge a sales load or other fees or charges
for distribution-related activities; or
``(bb) securities of the acquiring company, any sales loads
and other distribution-related fees charged, when aggregated
with any sales load and distribution-related fees paid by the
acquiring company with respect to securities of the acquired
fund, are not excessive under rules adopted pursuant to
section 22(b) or section 22(c) by a securities association
registered under section 15A of the Securities Exchange Act
of 1934, or the Commission;
``(IV) the acquired company has a policy that prohibits it
from acquiring any securities of registered open-end
investment companies or registered unit investment trusts in
reliance on this subparagraph or subparagraph (F); and
``(V) such acquisition is not in contravention of such
rules and regulations as the Commission may from time to time
prescribe with respect to acquisitions in accordance with
this subparagraph, as necessary and appropriate for the
protection of investors.
``(ii) For purposes of this subparagraph, the term `group
of investment companies' means any 2 or more registered
investment companies that hold themselves out to investors as
related companies for purposes of investment and investor
services.''; and
(5) by adding at the end the following new subparagraph:
``(J) The Commission, by rule or regulation, upon its own
motion or by order upon application, may conditionally or
unconditionally exempt any person, security, or transaction,
or any class or classes of persons, securities, or
transactions from any provision of this subsection, if and to
the extent that such exemption is consistent with the public
interest and the protection of investors.''.
SEC. 203. FLEXIBLE REGISTRATION OF SECURITIES.
(a) Amendments to Registration Statements.--Section 24(e)
of the Investment Company Act of 1940 (15 U.S.C. 80a-24(e))
is amended--
(1) by striking paragraphs (1) and (2);
(2) by striking ``(3) For'' and inserting ``For''; and
(3) by striking ``pursuant to this subsection or
otherwise''.
(b) Registration of Indefinite Amount of Securities.--
Section 24(f) of the Investment Company Act of 1940 (15
U.S.C. 80a-24(f)) is amended to read as follows:
``(f) Registration of Indefinite Amount of Securities.--
``(1) Registration of securities.--Upon the effective date
of its registration statement, as provided by section 8 of
the Securities Act of 1933, a face-amount certificate
company, open-end management company, or unit investment
trust, shall be deemed to have registered an indefinite
amount of securities.
``(2) Payment of registration fees.--Not later than 90 days
after the end of the fiscal year of a company or trust
referred to in paragraph (1), the company or trust, as
applicable, shall pay a registration fee to the Commission,
calculated in the manner specified in section 6(b) of the
Securities Act of 1933, based on the aggregate sales price
for which its securities (including, for purposes of this
paragraph, all securities issued pursuant to a dividend
reinvestment plan) were sold pursuant to a registration of an
indefinite amount of securities under this subsection during
the previous fiscal year of the company or trust, reduced
by--
``(A) the aggregate redemption or repurchase price of the
securities of the company or trust during that year; and
``(B) the aggregate redemption or repurchase price of the
securities of the company or trust during any prior fiscal
year ending not more than 1 year before the date of enactment
of the Investment Company Act Amendments of 1996, that were
not used pre
[[Page 2464]]
viously by the company or trust to reduce fees payable under
this section.
``(3) Interest due on late payment.--A company or trust
paying the fee required by this subsection or any portion
thereof more than 90 days after the end of the fiscal year of
the company or trust shall pay to the Commission interest on
unpaid amounts, at the average investment rate for Treasury
tax and loan accounts published by the Secretary of the
Treasury pursuant to section 3717(a) of title 31, United
States Code. The payment of interest pursuant to this
paragraph shall not preclude the Commission from bringing an
action to enforce the requirements of paragraph (2).
``(4) Rulemaking authority.--The Commission may adopt rules
and regulations to implement this subsection.''.
(c) Effective Date.--The amendments made by this section
shall become effective on the earlier of--
(1) 1 year after the date of enactment of this Act; or
(2) the effective date of final rules or regulations issued
in accordance with section 24(f) of the Investment Company
Act of 1940, as amended by this section.
SEC. 204. FACILITATING USE OF CURRENT INFORMATION IN
ADVERTISING.
Section 24 of the Investment Company Act of 1940 (15 U.S.C.
80a-24) is amended by adding at the end the following new
subsection:
``(g) Additional Prospectuses.--In addition to any
prospectus permitted or required by section 10(a) of the
Securities Act of 1933, the Commission shall permit, by rules
or regulations deemed necessary or appropriate in the public
interest or for the protection of investors, the use of a
prospectus for purposes of section 5(b)(1) of that Act with
respect to securities issued by a registered investment
company. Such a prospectus, which may include information the
substance of which is not included in the prospectus
specified in section 10(a) of the Securities Act of 1933,
shall be deemed to be permitted by section 10(b) of that
Act.''.
SEC. 205. VARIABLE INSURANCE CONTRACTS.
(a) Unit Investment Trust Treatment.--Section 26 of the
Investment Company Act of 1940 (15 U.S.C. 80a-26) is amended
by adding at the end the following new subsection:
``(e) Exemption.--
``(1) In general.--Subsection (a) does not apply to any
registered separate account funding variable insurance
contracts, or to the sponsoring insurance company and
principal underwriter of such account.
``(2) Limitation on sales.--It shall be unlawful for any
registered separate account funding variable insurance
contracts, or for the sponsoring insurance company of such
account, to sell any such contract--
``(A) unless the fees and charges deducted under the
contract, in the aggregate, are reasonable in relation to the
services rendered, the expenses expected to be incurred, and
the risks assumed by the insurance company, and, beginning on
the earlier of August 1, 1997, or the earliest effective date
of any registration statement or amendment thereto for such
contract following the date of enactment of this subsection,
the insurance company so represents in the registration
statement for the contract; and
``(B) unless the insurance company--
``(i) complies with all other applicable provisions of this
section, as if it were a trustee or custodian of the
registered separate account;
``(ii) files with the insurance regulatory authority of the
State which is the domiciliary State of the insurance
company, an annual statement of its financial condition,
which most recent statement indicates that the insurance
company has a combined capital and surplus, if a stock
company, or an unassigned surplus, if a mutual company, of
not less than $1,000,000, or such other amount as the
Commission may from time to time prescribe by rule, as
necessary or appropriate in the public interest or for the
protection of investors; and
``(iii) together with its registered separate accounts, is
supervised and examined periodically by the insurance
authority of such State.
``(3) Fees and charges.--For purposes of paragraph (2), the
fees and charges deducted under the contract shall include
all fees and charges imposed for any purpose and in any
manner.
``(4) Regulatory authority.--The Commission may issue such
rules and regulations to carry out paragraph (2)(A) as it
determines are necessary or appropriate in the public
interest or for the protection of investors.''.
(b) Periodic Payment Plan Treatment.--Section 27 of the
Investment Company Act of 1940 (15 U.S.C. 80a-27) is amended
by adding at the end the following new subsection:
``(i)(1) This section does not apply to any registered
separate account funding variable insurance contracts, or to
the sponsoring insurance company and principal underwriter of
such account, except as provided in paragraph (2).
``(2) It shall be unlawful for any registered separate
account funding variable insurance contracts, or for the
sponsoring insurance company of such account, to sell any
such contract unless--
``(A) such contract is a redeemable security; and
``(B) the insurance company complies with section 26(e) and
any rules or regulations issued by the Commission under
section 26(e).''.
SEC. 206. REPORTS TO THE COMMISSION AND SHAREHOLDERS.
Section 30 of the Investment Company Act of 1940 (15 U.S.C.
80a-29) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) such information, documents, and reports (other than
financial statements), as the Commission may require to keep
reasonably current the information and documents contained in
the registration statement of such company filed under this
title;'';
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (g), and (h), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c)(1) The Commission shall take such action as it deems
necessary or appropriate, consistent with the public interest
and the protection of investors, to avoid unnecessary
reporting by, and minimize the compliance burdens on,
registered investment companies and their affiliated persons
in exercising its authority--
``(A) under subsection (f); and
``(B) under subsection (b)(1), if the Commission requires
the filing of information, documents, and reports under that
subsection on a basis more frequently than semiannually.
``(2) Action taken by the Commission under paragraph (1)
shall include considering, and requesting public comment on--
``(A) feasible alternatives that minimize the reporting
burdens on registered investment companies; and
``(B) the utility of such information, documents, and
reports to the Commission in relation to the costs to
registered investment companies and their affiliated persons
of providing such information, documents, and reports.'';
(4) by inserting after subsection (e) (as redesignated by
paragraph (2) of this section), the following new subsection:
``(f) The Commission may, by rule, require that semi-annual
reports containing the information set forth in subsection
(e) include such other information as the Commission deems
necessary or appropriate in the public interest or for the
protection of investors.''; and
(5) in subsection (g) (as redesignated by paragraph (2) of
this section), by striking ``subsections (a) and (d)'' and
inserting ``subsections (a) and (e)''.
SEC. 207. BOOKS, RECORDS, AND INSPECTIONS.
Section 31 of the Investment Company Act of 1940 (15 U.S.C.
80a-30) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance of Records.--
``(1) In general.--Each registered investment company, and
each underwriter, broker, dealer, or investment adviser that
is a majority-owned subsidiary of such a company, shall
maintain and preserve such records (as defined in section
3(a)(37) of the Securities Exchange Act of 1934) for such
period or periods as the Commission, by rules and
regulations, may prescribe as necessary or appropriate in the
public interest or for the protection of investors. Each
investment adviser that is not a majority-owned subsidiary
of, and each depositor of any registered investment company,
and each principal underwriter for any registered investment
company other than a closed-end company, shall maintain and
preserve for such period or periods as the Commission shall
prescribe by rules and regulations, such records as are
necessary or appropriate to record such person's transactions
with such registered company.
``(2) Minimizing compliance burden.--In exercising its
authority under this subsection, the Commission shall take
such steps as it deems necessary or appropriate, consistent
with the public interest and for the protection of investors,
to avoid unnecessary recordkeeping by, and minimize the
compliance burden on, persons required to maintain records
under this subsection (hereafter in this section referred to
as `subject persons'). Such steps shall include considering,
and requesting public comment on--
``(A) feasible alternatives that minimize the recordkeeping
burdens on subject persons;
``(B) the necessity of such records in view of the public
benefits derived from the independent scrutiny of such
records through Commission examination;
``(C) the costs associated with maintaining the information
that would be required to be reflected in such records; and
``(D) the effects that a proposed recordkeeping requirement
would have on internal compliance policies and procedures.
``(b) Examinations of Records.--
``(1) In general.--All records required to be maintained
and preserved in accordance with subsection (a) shall be
subject at any time and from time to time to such reasonable
periodic, special, and other examinations by the Commission,
or any member or representative thereof, as the Commission
may prescribe.
``(2) Availability.--For purposes of examinations referred
to in paragraph (1), any subject person shall make available
to the Commission or its representatives any copies or
extracts from such records as may be prepared without undue
effort, expense, or delay as the Commission or its
representatives may reasonably request.
``(3) Commission action.--The Commission shall exercise its
authority under this subsection with due regard for the
benefits of internal compliance policies and procedures and
the effective implementation and operation thereof.'';
[[Page 2465]]
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (b) the following new
subsections:
``(c) Limitations on Disclosure by Commission.--
Notwithstanding any other provision of law, the Commission
shall not be compelled to disclose any internal compliance or
audit records, or information contained therein, provided to
the Commission under this section. Nothing in this subsection
shall authorize the Commission to withhold information from
the Congress or prevent the Commission from complying with a
request for information from any other Federal department or
agency requesting the information for purposes within the
scope of the jurisdiction of that department or agency, or
complying with an order of a court of the United States in an
action brought by the United States or the Commission. For
purposes of section 552 of title 5, United States Code, this
section shall be considered a statute described in subsection
(b)(3)(B) of such section 552.
``(d) Definitions.--For purposes of this section--
``(1) the term `internal compliance policies and
procedures' means policies and procedures designed by subject
persons to promote compliance with the Federal securities
laws; and
``(2) the term `internal compliance and audit record' means
any record prepared by a subject person in accordance with
internal compliance policies and procedures.'';
(4) in subsection (e), as redesignated, by inserting
``Regulatory Authority.--'' before ``The Commission''; and
(5) in subsection (f), as redesignated, by inserting
``Exemption Authority.--'' before ``The Commission''.
SEC. 208. PROHIBITION ON DECEPTIVE INVESTMENT COMPANY NAMES.
Section 35(d) of the Investment Company Act of 1940 (15
U.S.C. 80a-34(d)) is amended to read as follows:
``(d) Deceptive or Misleading Names.--It shall be unlawful
for any registered investment company to adopt as a part of
the name or title of such company, or of any securities of
which it is the issuer, any word or words that the Commission
finds are materially deceptive or misleading. The Commission
is authorized, by rule, regulation, or order, to define such
names or titles as are materially deceptive or misleading.''.
SEC. 209. AMENDMENTS TO DEFINITIONS.
(a) Excepted Investment Companies.--Section 3(c) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)) is
amended--
(1) in paragraph (1), by inserting after the first sentence
the following: ``Such issuer shall be deemed to be an
investment company for purposes of the limitations set forth
in subparagraphs (A)(i) and (B)(i) of section 12(d)(1)
governing the purchase or other acquisition by such issuer of
any security issued by any registered investment company and
the sale of any security issued by any registered open-end
investment company to any such issuer.'';
(2) in subparagraph (A) of paragraph (1)--
(A) by inserting after ``issuer,'' the first place that
term appears, the following: ``and is or, but for the
exception provided for in this paragraph or paragraph (7),
would be an investment company,''; and
(B) by striking ``unless, as of'' and all that follows
through the end of the subparagraph and inserting a period;
(3) in paragraph (2)--
(A) by striking ``and acting as broker,'' and inserting
``acting as broker, and acting as market intermediary,'';
(B) by inserting ``(A)'' after ``(2)''; and
(C) by adding at the end the following new subparagraph:
``(B) For purposes of this paragraph--
``(i) the term `market intermediary' means any person that
regularly holds itself out as being willing contemporaneously
to engage in, and that is regularly engaged in, the business
of entering into transactions on both sides of the market for
a financial contract or one or more such financial contracts;
and
``(ii) the term `financial contract' means any arrangement
that--
``(I) takes the form of an individually negotiated
contract, agreement, or option to buy, sell, lend, swap, or
repurchase, or other similar individually negotiated
transaction commonly entered into by participants in the
financial markets;
``(II) is in respect of securities, commodities,
currencies, interest or other rates, other measures of value,
or any other financial or economic interest similar in
purpose or function to any of the foregoing; and
``(III) is entered into in response to a request from a
counter party for a quotation, or is otherwise entered into
and structured to accommodate the objectives of the counter
party to such arrangement.''; and
(4) by striking paragraph (7) and inserting the following:
``(7)(A) Any issuer, the outstanding securities of which
are owned exclusively by persons who, at the time of
acquisition of such securities, are qualified purchasers, and
which is not making and does not at that time propose to make
a public offering of such securities. Securities that are
owned by persons who received the securities from a qualified
purchaser as a gift or bequest, or in a case in which the
transfer was caused by legal separation, divorce, death, or
other involuntary event, shall be deemed to be owned by a
qualified purchaser, subject to such rules, regulations, and
orders as the Commission may prescribe as necessary or
appropriate in the public interest or for the protection of
investors.
``(B) Notwithstanding subparagraph (A), an issuer is within
the exception provided by this paragraph if--
``(i) in addition to qualified purchasers, outstanding
securities of that issuer are beneficially owned by not more
than 100 persons who are not qualified purchasers, if--
``(I) such persons acquired any portion of the securities
of such issuer on or before September 1, 1996; and
``(II) at the time at which such persons initially acquired
the securities of such issuer, the issuer was excepted by
paragraph (1); and
``(ii) prior to availing itself of the exception provided
by this paragraph--
``(I) such issuer has disclosed to each beneficial owner,
as determined under paragraph (1), that future investors will
be limited to qualified purchasers, and that ownership in
such issuer is no longer limited to not more than 100
persons; and
``(II) concurrently with or after such disclosure, such
issuer has provided each beneficial owner, as determined
under paragraph (1), with a reasonable opportunity to redeem
any part or all of their interests in the issuer,
notwithstanding any agreement to the contrary between the
issuer and such persons, for that person's proportionate
share of the issuer's net assets.
``(C) Each person that elects to redeem under subparagraph
(B)(ii)(II) shall receive an amount in cash equal to that
person's proportionate share of the issuer's net assets,
unless the issuer elects to provide such person with the
option of receiving, and such person agrees to receive, all
or a portion of such person's share in assets of the issuer.
If the issuer elects to provide such persons with such an
opportunity, disclosure concerning such opportunity shall be
made in the disclosure required by subparagraph (B)(ii)(I).
``(D) An issuer that is excepted under this paragraph shall
nonetheless be deemed to be an investment company for
purposes of the limitations set forth in subparagraphs (A)(i)
and (B)(i) of section 12(d)(1) relating to the purchase or
other acquisition by such issuer of any security issued by
any registered investment company and the sale of any
security issued by any registered open-end investment company
to any such issuer.
``(E) For purposes of determining compliance with this
paragraph and paragraph (1), an issuer that is otherwise
excepted under this paragraph and an issuer that is otherwise
excepted under paragraph (1) shall not be treated by the
Commission as being a single issuer for purposes of
determining whether the outstanding securities of the issuer
excepted under paragraph (1) are beneficially owned by not
more than 100 persons or whether the outstanding securities
of the issuer excepted under this paragraph are owned by
persons that are not qualified purchasers. Nothing in this
subparagraph shall be construed to establish that a person is
a bona fide qualified purchaser for purposes of this
paragraph or a bona fide beneficial owner for purposes of
paragraph (1).''.
(b) Qualified Purchaser.--Section 2(a) of the Investment
Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by adding
at the end the following new paragraph:
``(51)(A) `Qualified purchaser' means--
``(i) any natural person (including any person who holds a
joint, community property, or other similar shared ownership
interest in an issuer that is excepted under section 3(c)(7)
with that person's qualified purchaser spouse) who owns not
less than $5,000,000 in investments, as defined by the
Commission;
``(ii) any company that owns not less than $5,000,000 in
investments and that is owned directly or indirectly by or
for 2 or more natural persons who are related as siblings or
spouse (including former spouses), or direct lineal
descendants by birth or adoption, spouses of such persons,
the estates of such persons, or foundations, charitable
organizations, or trusts established by or for the benefit of
such persons;
``(iii) any trust that is not covered by clause (ii) and
that was not formed for the specific purpose of acquiring the
securities offered, as to which the trustee or other person
authorized to make decisions with respect to the trust, and
each settlor or other person who has contributed assets to
the trust, is a person described in clause (i), (ii), or
(iv); or
``(iv) any person, acting for its own account or the
accounts of other qualified purchasers, who in the aggregate
owns and invests on a discretionary basis, not less than
$25,000,000 in investments.
``(B) The Commission may adopt such rules and regulations
applicable to the persons and trusts specified in clauses (i)
through (iv) of subparagraph (A) as it determines are
necessary or appropriate in the public interest or for the
protection of investors.
``(C) The term `qualified purchaser' does not include a
company that, but for the exceptions provided for in
paragraph (1) or (7) of section 3(c), would be an investment
company (hereafter in this paragraph referred to as an
`excepted investment company'), unless all beneficial owners
of its outstanding securities (other than short-term paper),
determined in accordance with section 3(c)(1)(A), that
acquired such securities on or before April 30, 1996
(hereafter in this paragraph referred to as `pre-amendment
beneficial owners'), and all pre-amendment beneficial owners
of the outstanding securities (other than short-term paper)
of any excepted investment company that, directly or
indirectly, owns any outstanding securities of such excepted
investment company, have consented to its treatment as a
qualified
[[Page 2466]]
purchaser. Unanimous consent of all trustees, directors, or
general partners of a company or trust referred to in clause
(ii) or (iii) of subparagraph (A) shall constitute consent
for purposes of this subparagraph.''.
(c) Conforming Amendments.--Section 3(a) of the Investment
Company Act of 1940 (15 U.S.C. 80a-3(a)) is amended--
(1) by striking ``(1)'' and inserting ``(A)'';
(2) by striking ``(2)'' and inserting ``(B)'';
(3) by striking ``(3)'' and inserting ``(C)'';
(4) by inserting ``(1)'' after ``(a)'';
(5) by striking ``As used'' and inserting ``(2) As used'';
and
(6) in paragraph (2)(C), as designated by paragraph (5) of
this subsection--
(A) by striking ``which are'' and inserting the following:
``which (i) are''; and
(B) by inserting before the period at the end, the
following: ``, and (ii) are not relying on the exception from
the definition of investment company in paragraph (1) or (7)
of subsection (c)''.
(d) Rulemaking Required.--
(1) Implementation of section 3(c)(1)(b).--Not later than 1
year after the date of enactment of this Act, the Commission
shall prescribe rules to implement the requirements of
section 3(c)(1)(B) of the Investment Company Act of 1940 (15
U.S.C. 80a-3(c)(1)(B)), as amended by this section.
(2) Identification of investments.--Not later than 180 days
after the date of enactment of this Act, the Commission shall
prescribe rules defining the term, or otherwise identifying,
``investments'' for purposes of section 2(a)(51) of the
Investment Company Act of 1940, as added by this Act.
(3) Employee exception.--Not later than 1 year after the
date of enactment of this Act, the Commission shall prescribe
rules pursuant to its authority under section 6 of the
Investment Company Act of 1940 to permit the ownership of
securities by knowledgeable employees of the issuer of the
securities or an affiliated person without loss of the
exception of the issuer under paragraph (1) or (7) of section
3(c) of that Act from treatment as an investment company
under that Act.
(4) Beneficial ownership.--Not later than 180 days after
the date of enactment of this Act, the Commission shall
prescribe rules defining the term ``beneficial owner'' for
purposes of section 3(c)(7)(B) of the Investment Company Act
of 1940, as amended by this Act.
(e) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) 180 days after the date of enactment of this Act; or
(2) the date on which the rulemaking required under
subsection (d)(2) is completed.
SEC. 210. PERFORMANCE FEES EXEMPTIONS.
Section 205 of the Investment Advisers Act of 1940 (15
U.S.C. 80b-5) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) apply to an investment advisory contract with a
company excepted from the definition of an investment company
under section 3(c)(7) of title I of this Act; or
``(5) apply to an investment advisory contract with a
person who is not a resident of the United States.''; and
(2) by adding at the end the following new subsection:
``(e) The Commission, by rule or regulation, upon its own
motion, or by order upon application, may conditionally or
unconditionally exempt any person or transaction, or any
class or classes of persons or transactions, from subsection
(a)(1), if and to the extent that the exemption relates to an
investment advisory contract with any person that the
Commission determines does not need the protections of
subsection (a)(1), on the basis of such factors as financial
sophistication, net worth, knowledge of and experience in
financial matters, amount of assets under management,
relationship with a registered investment adviser, and such
other factors as the Commission determines are consistent
with this section.''.
TITLE III--INVESTMENT ADVISERS SUPERVISION COORDINATION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Investment Advisers
Supervision Coordination Act''.
SEC. 302. FUNDING FOR ENHANCED ENFORCEMENT PRIORITY.
There are authorized to be appropriated to the Commission,
for the enforcement of the Investment Advisers Act of 1940,
not more than $20,000,000 in each of fiscal years 1997 and
1998, in addition to any funds authorized to be appropriated
to the Commission for this or other purposes.
SEC. 303. IMPROVED SUPERVISION THROUGH STATE AND FEDERAL
COOPERATION.
(a) State and Federal Responsibilities.--The Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is amended by
inserting after section 203 the following new section:
``SEC. 203A. STATE AND FEDERAL RESPONSIBILITIES.
``(a) Advisers Subject to State Authorities.--
``(1) In general.--No investment adviser that is regulated
or required to be regulated as an investment adviser in the
State in which it maintains its principal office and place of
business shall register under section 203, unless the
investment adviser--
``(A) has assets under management of not less than
$25,000,000, or such higher amount as the Commission may, by
rule, deem appropriate in accordance with the purposes of
this title; or
``(B) is an adviser to an investment company registered
under title I of this Act.
``(2) Definition.--For purposes of this subsection, the
term `assets under management' means the securities
portfolios with respect to which an investment adviser
provides continuous and regular supervisory or management
services.
``(b) Advisers Subject to Commission Authority.--
``(1) In general.--No law of any State or political
subdivision thereof requiring the registration, licensing, or
qualification as an investment adviser or supervised person
of an investment adviser shall apply to any person--
``(A) that is registered under section 203 as an investment
adviser, or that is a supervised person of such person,
except that a State may license, register, or otherwise
qualify any investment adviser representative who has a place
of business located within that State; or
``(B) that is not registered under section 203 because that
person is excepted from the definition of an investment
adviser under section 202(a)(11).
``(2) Limitation.--Nothing in this subsection shall
prohibit the securities commission (or any agency or office
performing like functions) of any State from investigating
and bringing enforcement actions with respect to fraud or
deceit against an investment adviser or person associated
with an investment adviser.
``(c) Exemptions.--Notwithstanding subsection (a), the
Commission, by rule or regulation upon its own motion, or by
order upon application, may permit the registration with the
Commission of any person or class of persons to which the
application of subsection (a) would be unfair, a burden on
interstate commerce, or otherwise inconsistent with the
purposes of this section.
``(d) Filing Depositories.--The Commission may, by rule,
require an investment adviser--
``(1) to file with the Commission any fee, application,
report, or notice required by this title or by the rules
issued under this title through any entity designated by the
Commission for that purpose; and
``(2) to pay the reasonable costs associated with such
filing.
``(e) State Assistance.--Upon request of the securities
commissioner (or any agency or officer performing like
functions) of any State, the Commission may provide such
training, technical assistance, or other reasonable
assistance in connection with the regulation of investment
advisers by the State.''.
(b) Advisers Not Eligible To Register.--Section 203 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-3) is
amended--
(1) in subsection (c), in the matter immediately following
paragraph (2), by inserting ``and that the applicant is not
prohibited from registering as an investment adviser under
section 203A'' after ``satisfied''; and
(2) in subsection (h), in the second sentence--
(A) by striking ``existence or'' and inserting
``existence,''; and
(B) by inserting ``or is prohibited from registering as an
investment adviser under section 203A,'' after ``adviser,''.
(c) Definition of ``Supervised Person''.--Section 202(a) of
the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is
amended--
(1) by striking ``requires--'' and inserting ``requires,
the following definitions shall apply:''; and
(2) by adding at the end the following new paragraph:
``(25) `Supervised person' means any partner, officer,
director (or other person occupying a similar status or
performing similar functions), or employee of an investment
adviser, or other person who provides investment advice on
behalf of the investment adviser and is subject to the
supervision and control of the investment adviser.''.
(d) Conforming Amendment.--Section 203(a) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(a)) is amended by
striking ``subsection (b) of this section'' and inserting
``subsection (b) and section 203A''.
SEC. 304. INTERSTATE COOPERATION.
Section 222 of the Investment Advisers Act of 1940 (15
U.S.C. 80b-18a) is amended to read as follows:
``SEC. 222. STATE REGULATION OF INVESTMENT ADVISERS.
``(a) Jurisdiction of State Regulators.--Nothing in this
title shall affect the jurisdiction of the securities
commissioner (or any agency or officer performing like
functions) of any State over any security or any person
insofar as it does not conflict with the provisions of this
title or the rules and regulations thereunder.
``(b) Dual Compliance Purposes.--No State may enforce any
law or regulation that would require an investment adviser to
maintain any books or records in addition to those required
under the laws of the State in which it maintains its
principal place of business, if the investment adviser--
``(1) is registered or licensed as such in the State in
which it maintains its principal place of business; and
``(2) is in compliance with the applicable books and
records requirements of the State in which it maintains its
principle place of business.
``(c) Limitation on Capital and Bond Requirements.--No
State may enforce any law
[[Page 2467]]
or regulation that would require an investment adviser to
maintain a higher minimum net capital or to post any bond in
addition to any that is required under the laws of the State
in which it maintains its principal place of business, if the
investment adviser--
``(1) is registered or licensed as such in the State in
which it maintains its principal place of business; and
``(2) is in compliance with the applicable net capital or
bonding requirements of the State in which it maintains its
principal place of business.
``(d) National De Minimis Standard.--No law of any State or
political subdivision thereof requiring the registration,
licensing, or qualification as an investment adviser shall
require an investment adviser to register with the securities
commissioner of the State (or any agency or officer
performing like functions) or to comply with such law (other
than any provision thereof prohibiting fraudulent conduct) if
the investment adviser--
``(1) does not have a place of business located within the
State; and
``(2) during the preceding 12-month period, has had fewer
than 6 clients who are residents of that State.''.
SEC. 305. DISQUALIFICATION OF CONVICTED FELONS.
(a) Amendment.--Section 203(e) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3(e)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) has been convicted during the 10-year period
preceding the date of filing of any application for
registration, or at any time thereafter, of--
``(A) any crime that is punishable by imprisonment for 1 or
more years, and that is not described in paragraph (2); or
``(B) a substantially equivalent crime by a foreign court
of competent jurisdiction.''.
(b) Conforming Amendments.--Section 203 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3) is amended--
(1) in subsection (e)(6) (as redesignated by subsection (a)
of this section), by striking ``this paragraph (5)'' and
inserting ``this paragraph'';
(2) in subsection (f)--
(A) by striking ``paragraph (1), (4), (5), or (7) of
subsection (e) of this section'' and inserting ``paragraph
(1), (5), (6), or (8) of subsection (e)'';
(B) by striking ``paragraph (3)'' and inserting ``paragraph
(4)''; and
(C) by striking ``said subsection'' each place that term
appears and inserting ``subsection''; and
(3) in subsection (i)(1)(D), by striking ``section
203(e)(5) of this title'' and inserting ``subsection
(e)(6)''.
SEC. 306. INVESTOR ACCESS TO INFORMATION.
The Commission shall--
(1) provide for the establishment and maintenance of a
readily accessible telephonic or other electronic process to
receive inquiries regarding disciplinary actions and
proceedings involving investment advisers and persons
associated with investment advisers; and
(2) provide for prompt response to any inquiry described in
paragraph (1).
SEC. 307. CONTINUED STATE AUTHORITY.
(a) Preservation of Filing Requirements.--Nothing in this
title or any amendment made by this title prohibits the
securities commission (or any agency or office performing
like functions) of any State from requiring the filing of any
documents filed with the Commission pursuant to the
securities laws solely for notice purposes, together with a
consent to service of process and any required fee.
(b) Preservation of Fees.--Until otherwise provided by law,
rule, regulation, or order, or other administrative action of
any State, or any political subdivision thereof, adopted
after the date of enactment of this Act, filing,
registration, or licensing fees shall, notwithstanding the
amendments made by this title, continue to be paid in amounts
determined pursuant to the law, rule, regulation, or order,
or other administrative action as in effect on the day before
such date of enactment.
(c) Availability of Preemption Contingent on Payment of
Fees.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending 3 years after that date of
enactment, the securities commission (or any agency or office
performing like functions) of any State may require
registration of any investment adviser that fails or refuses
to pay the fees required by subsection (b) in or to such
State, notwithstanding the limitations on the laws, rules,
regulations, or orders, or other administrative actions of
any State, or any political subdivision thereof, contained in
subsection (a), if the laws of such State require
registration of investment advisers.
(2) Delays.--For purposes of this subsection, delays in
payment of fees or underpayments of fees that are promptly
remedied in accordance with the applicable laws, rules,
regulations, or orders, or other administrative actions of
the relevant State shall not constitute a failure or refusal
to pay fees.
SEC. 308. EFFECTIVE DATE.
(a) In General.--This title and the amendments made by this
title shall take effect 180 days after the date of enactment
of this Act.
(b) Conforming Amendment.--
(1) In general.--Section 3(38)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(38)(B)) is amended by inserting ``or under the laws of
any State'' after ``1940''.
(2) Sunset.--The amendment made by paragraph (1) shall
cease to be effective 2 years after the date of enactment of
this Act.
TITLE IV--SECURITIES AND EXCHANGE COMMISSION AUTHORIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Securities and Exchange
Commission Authorization Act of 1996''.
SEC. 402. PURPOSES.
The purposes of this title are--
(1) to authorize appropriations for the Commission for
fiscal year 1997; and
(2) to reduce over time the rates of fees charged under the
Federal securities laws.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
Section 35 of the Securities Exchange Act of 1934 is
amended to read as follows:
``SEC. 35. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the
functions, powers, and duties of the Commission $300,000,000
for fiscal year 1997, in addition to any other funds
authorized to be appropriated to the Commission.''.
SEC. 404. REGISTRATION FEES.
Section 6(b) of the Securities Act of 1933 (15 U.S.C.
77f(b)) is amended to read as follows:
``(b) Registration Fee.--
``(1) Recovery of cost of services.--The Commission shall,
in accordance with this subsection, collect registration fees
that are designed to recover the costs to the government of
the securities registration process, and costs related to
such process, including enforcement activities, policy and
rulemaking activities, administration, legal services, and
international regulatory activities.
``(2) Fee payment required.--At the time of filing a
registration statement, the applicant shall pay to the
Commission a fee that shall be equal to the sum of the
amounts (if any) determined under the rates established by
paragraphs (3) and (4). The Commission shall publish in the
Federal Register notices of the fee rates applicable under
this section for each fiscal year.
``(3) General revenue fees.--The rate determined under this
paragraph is a rate equal to $200 per $1,000,000 of the
maximum aggregate price at which such securities are proposed
to be offered, except that during fiscal year 2007 and any
succeeding fiscal year such rate is equal to $67 per
$1,000,000 of the maximum aggregate price at which such
securities are proposed to be offered. Fees collected during
any fiscal year pursuant to this paragraph shall be deposited
and credited as general revenues of the Treasury.
``(4) Offsetting collection fees.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the rate determined under this paragraph is a rate
equal to the following amount per $1,000,000 of the maximum
aggregate price at which such securities are proposed to be
offered:
``(i) $95 during fiscal year 1998;
``(ii) $78 during fiscal year 1999;
``(iii) $64 during fiscal year 2000;
``(iv) $50 during fiscal year 2001;
``(v) $39 during fiscal year 2002;
``(vi) $28 during fiscal year 2003;
``(vii) $9 during fiscal year 2004;
``(viii) $5 during fiscal year 2005; and
``(ix) $0 during fiscal year 2006 or any succeeding fiscal
year.
``(B) Limitation; deposit.--Except as provided in
subparagraph (C), no amounts shall be collected pursuant to
this paragraph (4) for any fiscal year except to the extent
provided in advance in appropriations acts. Fees collected
during any fiscal year pursuant to this paragraph shall be
deposited and credited as offsetting collections in
accordance with appropriations Acts.
``(C) Lapse of appropriations.--If on the first day of a
fiscal year a regular appropriation to the Commission has not
been enacted, the Commission shall continue to collect fees
(as offsetting collections) under this paragraph at the rate
in effect during the preceding fiscal year, until such a
regular appropriation is enacted.
``(5) Pro rata application of rates.--The rates required by
this subsection shall be applied pro rata to amounts and
balances equal to less than $1,000,000.''.
SEC. 405. TRANSACTION FEES.
(a) Amendment.--Section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) is amended to read as follows:
``SEC. 31. TRANSACTION FEES.
``(a) Recovery of Cost of Services.--The Commission shall,
in accordance with this subsection, collect transaction fees
that are designed to recover the costs to the Government of
the supervision and regulation of securities markets and
securities professionals, and costs related to such
supervision and regulation, including enforcement activities,
policy and rulemaking activities, administration, legal
services, and international regulatory activities.
``(b) Exchange-Traded Securities.--Every national
securities exchange shall pay to the Commission a fee at a
rate equal to \1/300\ of one percent of the aggregate dollar
amount of sales of securities (other than bonds, debentures,
and other evidences of indebtedness) transacted on such
national securities exchange, except that for fiscal year
2007 or any succeeding fiscal year such rate shall be equal
to \1/800\ of one percent of such aggregate dollar amount of
sales. Fees collected pursu
[[Page 2468]]
ant to this subsection shall be deposited and collected as
general revenue of the Treasury.
``(c) Off-Exchange Trades of Exchange Registered
Securities.--Each national securities association shall pay
to the Commission a fee at a rate equal to \1/300\ of one
percent of the aggregate dollar amount of sales transacted by
or through any member of such association otherwise than on a
national securities exchange of securities registered on such
an exchange (other than bonds, debentures, and other
evidences of indebtedness), except that for fiscal year 2007
or any succeeding fiscal year such rate shall be equal to \1/
800\ of one percent of such aggregate dollar amount of sales.
Fees collected pursuant to this subsection shall be deposited
and collected as general revenue of the Treasury.
``(d) Off-Exchange-Trades of Last-Sale-Reported
Securities.--
``(1) Covered transactions.--Each national securities
association shall pay to the Commission a fee at a rate equal
to \1/300\ of one percent of the aggregate dollar amount of
sales transacted by or through any member of such association
otherwise than on a national securities exchange of
securities (other than bonds, debentures, and other evidences
of indebtedness) subject to prompt last sale reporting
pursuant to the rules of the Commission or a registered
national securities association, excluding any sales for
which a fee is paid under subsection (c), except that for
fiscal year 2007, or any succeeding fiscal year, such rate
shall be equal to \1/800\ of one percent of such aggregate
dollar amount of sale.
``(2) Limitation; deposit of fees.--Except as provided in
paragraph (3), no amounts shall be collected pursuant to
subsection (d) for any fiscal year, except to the extent
provided in advance in appropriations Acts. Fees collected
during any such fiscal year pursuant to this subsection shall
be deposited and credited as offsetting collections to the
account providing appropriations to the Commission.
``(3) Lapse of appropriations.--If on the first day of a
fiscal year a regular appropriation to the Commission has not
been enacted, the Commission shall continue to collect fees
(as offsetting collections) under this subsection at the rate
in effect during the preceding fiscal year, until such a
regular appropriation is enacted.
``(e) Dates for Payment of Fees.--The fees required by
subsections (b), (c), and (d) of this section shall be paid--
``(1) on or before March 15, with respect to transactions
and sales occurring during the period beginning on the
preceding September 1 and ending at the close of the
preceding December 31; and
``(2) on or before September 30, with respect to
transactions and sales occurring during the period beginning
on the preceding January 1 and ending at the close of the
preceding August 31.
``(f) Exemptions.--The Commission, by rule, may exempt any
sale of securities or any class of sales of securities from
any fee imposed by this section, if the Commission finds that
such exemption is consistent with the public interest, the
equal regulation of markets and brokers and dealers, and the
development of a national market system.
``(g) Publication.--The Commission shall publish in the
Federal Register notices of the fee rates applicable under
this section for each fiscal year.''.
(b) Effective Dates; Transition.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply with respect to
transactions in securities that occur on or after October 1,
1997.
(2) Off-exchange trades of last sale reported
transactions.--The amendment made by subsection (a) shall
apply with respect to transactions described in section
31(d)(1) of the Securities Exchange Act of 1934 (as amended
by subsection (a) of this section) that occur on or after
September 1, 1997.
SEC. 406. TIME FOR PAYMENT.
Section 4(e) of the Securities Exchange Act of 1934 (15
U.S.C. 78d(e)) is amended by inserting before the period at
the end thereof the following: ``and the Commission may also
specify the time that such fee shall be determined and paid
relative to the filing of any statement or document with the
Commission''.
SEC. 407. SENSE OF THE CONGRESS CONCERNING FEES.
It is the sense of the Congress that, in order to maintain
the competitiveness of United States securities markets
relative to foreign markets, no fee should be assessed on
transactions involving portfolios of equity securities taking
place at times of day characterized by low volume and during
nontraditional trading hours.
TITLE V--REDUCING THE COST OF SAVING AND INVESTMENT
SEC. 501. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL
DEVELOPMENT COMPANIES.
Section 6(a) of the Investment Company Act of 1940 (15
U.S.C. 80a-6(a)) is amended by adding at the end the
following new paragraph:
``(5)(A) Any company that is not engaged in the business of
issuing redeemable securities, the operations of which are
subject to regulation by the State in which the company is
organized under a statute governing entities that provide
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State if--
``(i) the organizational documents of the company state
that the activities of the company are limited to the
promotion of economic, business, or industrial development in
the State through the provision of financial or managerial
assistance to enterprises doing business, or proposing to do
business, in that State, and such other activities that are
incidental or necessary to carry out that purpose;
``(ii) immediately following each sale of the securities of
the company by the company or any underwriter for the
company, not less than 80 percent of the securities of the
company being offered in such sale, on a class-by-class
basis, are held by persons who reside or who have a
substantial business presence in that State;
``(iii) the securities of the company are sold, or proposed
to be sold, by the company or by any underwriter for the
company, solely to accredited investors, as that term is
defined in section 2(a)(15) of the Securities Act of 1933, or
to such other persons that the Commission, as necessary or
appropriate in the public interest and consistent with the
protection of investors, may permit by rule, regulation, or
order; and
``(iv) the company does not purchase any security issued by
an investment company or by any company that would be an
investment company except for the exclusions from the
definition of the term `investment company' under paragraph
(1) or (7) of section 3(c), other than--
``(I) any debt security that is rated investment grade by
not less than 1 nationally recognized statistical rating
organization; or
``(II) any security issued by a registered open-end
investment company that is required by its investment
policies to invest not less than 65 percent of its total
assets in securities described in subclause (I) or securities
that are determined by such registered open-end investment
company to be comparable in quality to securities described
in subclause (I).
``(B) Notwithstanding the exemption provided by this
paragraph, section 9 (and, to the extent necessary to enforce
section 9, sections 38 through 51) shall apply to a company
described in this paragraph as if the company were an
investment company registered under this title.
``(C) Any company proposing to rely on the exemption
provided by this paragraph shall file with the Commission a
notification stating that the company intends to do so, in
such form and manner as the Commission may prescribe by rule.
``(D) Any company meeting the requirements of this
paragraph may rely on the exemption provided by this
paragraph upon filing with the Commission the notification
required by subparagraph (C), until such time as the
Commission determines by order that such reliance is not in
the public interest or is not consistent with the protection
of investors.
``(E) The exemption provided by this paragraph may be
subject to such additional terms and conditions as the
Commission may by rule, regulation, or order determine are
necessary or appropriate in the public interest or for the
protection of investors.''.
SEC. 502. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION.
Section 6(d)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-6(d)(1)) is amended by striking ``$100,000'' and
inserting ``$10,000,000, or such other amount as the
Commission may set by rule, regulation, or order''.
SEC. 503. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY.
Section 2(a)(46)(C) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a)(46)(C)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) it has total assets of not more than $4,000,000,
and capital and surplus (shareholders' equity less retained
earnings) of not less than $2,000,000, except that the
Commission may adjust such amounts by rule, regulation, or
order to reflect changes in 1 or more generally accepted
indices or other indicators for small businesses; or''.
SEC. 504. DEFINITION OF BUSINESS DEVELOPMENT COMPANY.
Section 2(a)(48)(B) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a)(48)(B)) is amended by adding at the end
the following: ``provided further that a business development
company need not make available significant managerial
assistance with respect to any company described in paragraph
(46)(C)(iii), or with respect to any other company that meets
such criteria as the Commission may by rule, regulation, or
order permit, as consistent with the public interest, the
protection of investors, and the purposes of this title;
and''.
SEC. 505. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT
COMPANIES.
Section 55(a)(1)(A) of the Investment Company Act of 1940
(15 U.S.C. 80a-54(a)(1)(A)) is amended--
(1) by striking ``or from any person'' and inserting ``from
any person''; and
(2) by inserting before the semicolon ``, or from any other
person, subject to such rules and regulations as the
Commission may prescribe as necessary or appropriate in the
public interest or for the protection of investors''.
SEC. 506. CAPITAL STRUCTURE AMENDMENTS.
Section 61(a) of the Investment Company Act of 1940 (15
U.S.C. 80a-60(a)) is amended--
(1) in paragraph (2), by striking ``if such business
development company'' and all that
[[Page 2469]]
follows through the end of the paragraph and inserting a
period;
(2) in paragraph (3)(A)--
(A) by striking ``senior securities representing
indebtedness accompanied by'';
(B) by inserting ``accompanied by securities,'' after ``of
such company,''; and
(C) in clause (ii), by striking ``senior''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
of clause (iv) and inserting ``; and''; and
(C) by inserting immediately after subparagraph (B) the
following new subparagraph:
``(C) a business development company may issue warrants,
options, or rights to subscribe to, convert to, or purchase
voting securities not accompanied by securities, if--
``(i) such warrants, options, or rights satisfy the
conditions in clauses (i) and (iii) of subparagraph (A); and
``(ii) the proposal to issue such warrants, options, or
rights is authorized by the shareholders or partners of such
business development company, and such issuance is approved
by the required majority (as defined in section 57(o)) of the
directors of or general partners in such company on the basis
that such issuance is in the best interests of the company
and its shareholders or partners.''.
SEC. 507. FILING OF WRITTEN STATEMENTS.
Section 64(b)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-63(b)(1)) is amended by inserting ``and capital
structure'' after ``portfolio''.
SEC. 508. CHURCH EMPLOYEE PENSION PLANS.
(a) Amendment to the Investment Company Act of 1940.--
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C.
80a-3(c)) is amended by adding at the end the following new
paragraph:
``(14) Any church plan described in section 414(e) of the
Internal Revenue Code of 1986, if, under any such plan, no
part of the assets may be used for, or diverted to, purposes
other than the exclusive benefit of plan participants or
beneficiaries, or any company or account that is--
``(A) established by a person that is eligible to establish
and maintain such a plan under section 414(e) of the Internal
Revenue Code of 1986; and
``(B) substantially all of the activities of which consist
of--
``(i) managing or holding assets contributed to such church
plans or other assets which are permitted to be commingled
with the assets of church plans under the Internal Revenue
Code of 1986; or
``(ii) administering or providing benefits pursuant to
church plans.''.
(b) Amendment to the Securities Act of 1933.--Section 3(a)
of the Securities Act of 1933 (15 U.S.C. 77c(a)) is amended
by adding at the end the following new paragraph:
``(13) Any security issued by or any interest or
participation in any church plan, company or account that is
excluded from the definition of an investment company under
section 3(c)(14) of the Investment Company Act of 1940.''.
(c) Amendments to the Securities Exchange Act of 1934.--
(1) Exempted securities.--Section 3(a)(12)(A) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(A)) is
amended--
(A) in clause (v), by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following new clause:
``(vi) solely for purposes of sections 12, 13, 14, and 16
of this title, any security issued by or any interest or
participation in any church plan, company, or account that is
excluded from the definition of an investment company under
section 3(c)(14) of the Investment Company Act of 1940;
and''.
(2) Exemption from broker-dealer provisions.--Section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c) is
amended by adding at the end the following new subsection:
``(g) Church Plans.--No church plan described in section
414(e) of the Internal Revenue Code of 1986, no person or
entity eligible to establish and maintain such a plan under
the Internal Revenue Code of 1986, no company or account that
is excluded from the definition of an investment company
under section 3(c)(14) of the Investment Company Act of 1940,
and no trustee, director, officer or employee of or volunteer
for such plan, company, account person, or entity, acting
within the scope of that person's employment or activities
with respect to such plan, shall be deemed to be a `broker',
`dealer', `municipal securities broker', `municipal
securities dealer', `government securities broker',
`government securities dealer', `clearing agency', or
`transfer agent' for purposes of this title--
``(1) solely because such plan, company, person, or entity
buys, holds, sells, trades in, or transfers securities or
acts as an intermediary in making payments in connection with
transactions in securities for its own account in its
capacity as trustee or administrator of, or otherwise on
behalf of, or for the account of, any church plan, company,
or account that is excluded from the definition of an
investment company under section 3(c)(14) of the Investment
Company Act of 1940; and
``(2) if no such person or entity receives a commission or
other transaction-related sales compensation in connection
with any activities conducted in reliance on the exemption
provided by this subsection.''.
(d) Amendment to the Investment Advisers Act of 1940.--
Section 203(b) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-3(b)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) any plan described in section 414(e) of the Internal
Revenue Code of 1986, any person or entity eligible to
establish and maintain such a plan under the Internal Revenue
Code of 1986, or any trustee, director, officer, or employee
of or volunteer for any such plan or person, if such person
or entity, acting in such capacity, provides investment
advice exclusively to, or with respect to, any plan, person,
or entity or any company, account, or fund that is excluded
from the definition of an investment company under section
3(c)(14) of the Investment Company Act of 1940.''.
(e) Amendment to the Trust Indenture Act of 1939.--Section
304(a)(4)(A) of the Trust Indenture Act of 1939 (15 U.S.C.
77ddd(4)(A)) is amended by striking ``or (11)'' and inserting
``(11), or (14)''.
(f) Protection of Church Employee Benefit Plans Under State
Law.--
(1) Registration requirements.--Any security issued by or
any interest or participation in any church plan, company, or
account that is excluded from the definition of an investment
company under section 3(c)(14) of the Investment Company Act
of 1940, as added by subsection (a) of this section, and any
offer, sale, or purchase thereof, shall be exempt from any
law of a State that requires registration or qualification of
securities.
(2) Treatment of church plans.--No church plan described in
section 414(e) of the Internal Revenue Code of 1986, no
person or entity eligible to establish and maintain such a
plan under the Internal Revenue Code of 1986, no company or
account that is excluded from the definition of an investment
company under section 3(c)(14) of the Investment Company Act
of 1940, as added by subsection (a) of this section, and no
trustee, director, officer, or employee of or volunteer for
any such plan, person, entity, company, or account shall be
required to qualify, register, or be subject to regulation as
an investment company or as a broker, dealer, investment
adviser, or agent under the laws of any State solely because
such plan, person, entity, company, or account buys, holds,
sells, or trades in securities for its own account or in its
capacity as a trustee or administrator of or otherwise on
behalf of, or for the account of, or provides investment
advice to, for, or on behalf of, any such plan, person, or
entity or any company or account that is excluded from the
definition of an investment company under section 3(c)(14) of
the Investment Company Act of 1940, as added by subsection
(a) of this section.
(g) Amendment to the Investment Company Act of 1940.--
Section 30 of the Investment Company Act of 1940 (15 U.S.C.
80a-29) is amended by adding at the end the following new
subsections:
``(g) Disclosure to Church Plan Participants.--A person
that maintains a church plan that is excluded from the
definition of an investment company solely by reason of
section 3(c)(14) shall provide disclosure to plan
participants, in writing, and not less frequently than
annually, and for new participants joining such a plan after
May 31, 1996, as soon as is practicable after joining such
plan, that--
``(1) the plan, or any company or account maintained to
manage or hold plan assets and interests in such plan,
company, or account, are not subject to registration,
regulation, or reporting under this title, the Securities Act
of 1933, the Securities Exchange Act of 1934, or State
securities laws; and
``(2) plan participants and beneficiaries therefore will
not be afforded the protections of those provisions.
``(h) Notice to Commission.--The Commission may issue rules
and regulations to require any person that maintains a church
plan that is excluded from the definition of an investment
company solely by reason of section 3(c)(14) to file a notice
with the Commission containing such information and in such
form as the Commission may prescribe as necessary or
appropriate in the public interest or consistent with the
protection of investors.''.
SEC. 509. PROMOTING GLOBAL PREEMINENCE OF AMERICAN SECURITIES
MARKETS.
It is the sense of the Congress that--
(1) the United States and foreign securities markets are
increasingly becoming international securities markets, as
issuers and investors seek the benefits of new capital and
secondary market opportunities without regard to national
borders;
(2) as issuers seek to raise capital across national
borders, they confront differing accounting requirements in
the various regulatory jurisdictions;
(3) the establishment of a high-quality comprehensive set
of generally accepted international accounting standards in
cross-border securities offerings would greatly facilitate
international financing activities and, most significantly,
would enhance the ability of foreign corporations to access
and list in United States markets;
(4) in addition to the efforts made before the date of
enactment of this Act by the Commission to respond to the
growing internationalization of securities markets, the
Commission should enhance its vigorous support for the
development of high-quality
[[Page 2470]]
international accounting standards as soon as practicable;
and
(5) the Commission, in view of its clear authority under
law to facilitate the access of foreign corporations to list
their securities in United States markets, should report to
the Congress, not later than 1 year after the date of
enactment of this Act, on progress in the development of
international accounting standards and the outlook for
successful completion of a set of international standards
that would be acceptable to the Commission for offerings and
listings by foreign corporations in United States markets.
SEC. 510. STUDIES AND REPORTS.
(a) Impact of Technological Advances.--
(1) Study.--
(A) In general.--The Commission shall conduct a study of--
(i) the impact of technological advances and the use of on-
line information systems on the securities markets, including
steps that the Commission has taken to facilitate the
electronic delivery of prospectuses to institutional and
other investors;
(ii) how such technologies have changed the way in which
the securities markets operate; and
(iii) any steps taken by the Commission to address such
changes.
(B) Considerations.--In conducting the study under
subparagraph (A), the Commission shall consider how the
Commission has adapted its enforcement policies and practices
in response to technological developments with regard to--
(i) disclosure, prospectus delivery, and other customer
protection regulations;
(ii) intermediaries and exchanges in the domestic and
international financial services industry;
(iii) reporting by issuers, including communications with
holders of securities;
(iv) the relationship of the Commission with other national
regulatory authorities and organizations to improve
coordination and cooperation; and
(v) the relationship of the Commission with State
regulatory authorities and organizations to improve
coordination and cooperation.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit a report
to the Congress on the results of the study conducted under
paragraph (1).
(b) Shareholder Proposals.--
(1) Study.--The Commission shall conduct a study of--
(A) whether shareholder access to proxy statements pursuant
to section 14 of the Securities Exchange Act of 1934 has been
impaired by recent statutory, judicial, or regulatory
changes; and
(B) the ability of shareholders to have proposals relating
to corporate practices and social issues included as part of
proxy statements.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit a report
to the Congress on the results of the study conducted under
paragraph (1), together with any recommendations for
regulatory or legislative changes that it considers necessary
to improve shareholder access to proxy statements.
(c) Preferencing.--
(1) Study.--The Commission shall conduct a study of the
impact on investors and the national market system of the
practice known as ``preferencing'' on one or more registered
securities exchanges, including consideration of--
(A) how preferencing impacts--
(i) the execution prices received by retail securities
customers whose orders are preferenced; and
(ii) the ability of retail securities customers in all
markets to obtain executions of their limit orders in
preferenced securities; and
(B) the costs of preferencing to such customers.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Commission shall submit a report
to the Congress on the results of the study conducted under
paragraph (1).
(3) Definition.--For purposes of this subsection, the term
``preferencing'' refers to the practice of a broker acting as
a dealer on a national securities exchange, directing the
orders of customers to buy or sell securities to itself for
execution under rules that permit the broker to take priority
in execution over same-priced orders or quotations entered
prior in time.
(d) Broker-Dealer Uniformity.--
(1) Study.--The Commission, after consultation with
registered securities associations, national securities
exchanges, and States, shall conduct a study of the impact of
disparate State licensing requirements on associated persons
of registered brokers or dealers and methods for States to
attain uniform licensing requirements for such persons.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
Congress a report on the study conducted under paragraph (1).
Such report shall include recommendations concerning
appropriate methods described in paragraph (1)(B), including
any necessary legislative changes to implement such
recommendations.
And the Senate agree to the same.
Tom Bliley,
Jack Fields,
Michael G. Oxley,
Billy Tauzin,
Dan Schaefer,
Nathan Deal,
Dan Frisa,
Rick White,
John D. Dingell,
Edward J. Markey,
Bart Gordon,
Elizabeth Furse,
Ron Klink,
Managers on the Part of the House.
Alponse D'Amato,
Phil Gramm,
Robert F. Bennett,
Paul S. Sarbanes,
Chris Dodd,
Managers on the Part of the Senate.
The SPEAKER pro tempore, Mr. WALKER, recognized Mr. BLILEY and Mr.
MARKEY, each for 20 minutes.
After debate,
The question being put, viva voce,
Will the House suspend the rules and agree to said conference report?
The SPEAKER pro tempore, Mr. DREIER, announced that two-thirds of the
Members present had voted in the affirmative.
So, two-thirds of the Members present having voted in favor thereof,
the rules were suspended and said conference report was agreed to.
A motion to reconsider the vote whereby the rules were suspended and
said conference report was agreed to was passed was, by unanimous
consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.64 dod appropriations
Mr. LIVINGSTON, pursuant to the foregoing order of the House, called
up the following conference report (Rept. No. 104-863):
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3610) ``making appropriations for the Department of Defense
for the fiscal year ending September 30, 1997, and for other
purposes,'' having met, after full and free conference, have
agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
division a
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several
departments, agencies, corporations and other organizational
units of the Government for the fiscal year 1997, and for
other purposes, namely:
TITLE I--OMNIBUS APPROPRIATIONS
Sec. 101(a) For programs, projects or activities in the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1997, provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
AN ACT Making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 1997, and for other
purposes
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $75,773,000 of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,477,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1996: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
For an additional amount, for enhancements for the Office
of Intelligence Policy and Review and security measures,
$3,600,000; of which $2,170,000 is for security enhancements:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $9,450,000, to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of the bombing of the Alfred P.
[[Page 2471]]
Murrah Federal Building in Oklahoma City or any domestic or
international terrorist incident, (2) the costs of providing
support to counter, investigate or prosecute domestic or
international terrorism, including payment of rewards in
connection with these activities, and (3) the costs of
conducting a terrorism threat assessment of Federal agencies
and their facilities: Provided, That funds provided under
this heading shall be available only after the Attorney
General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 605 of this Act.
For an additional amount for necessary expenses, as
determined by the Attorney General, $20,000,000, to remain
available until expended, to reimburse any Department of
Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or
facility which has been damaged or destroyed as a result of
any domestic or international terrorist incident, or (2) the
costs of providing support to counter, investigate or
prosecute domestic or international terrorism, including
payment of rewards in connection with these activities:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$62,000,000.
For an additional amount for security measures for the
Executive Office of Immigration Review, $1,000,000: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget, and Emergency Deficit Control Act of
1985, as amended.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $48,000,000 to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $31,960,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $4,845,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collection evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate if, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $420,793,000 of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses: Provided further, That
notwithstanding 31 U.S.C. 1342, the Attorney General may
accept on behalf of the United States, and credit to this
appropriation, gifts of money, personal property and
services, for the purposes of hosting the International
Criminal Police Organization's (INTERPOL) American Regional
Conference in the United States during fiscal year 1997:
Provided, further, That not to exceed 8 permanent positions
and 10 full-time equivalent workyears and $987,000 shall be
expended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned
offices shall not be augmented by personnel details.
temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal
transfer or reimbursement of personnel or funds on either a
temporary or long-term basis.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986 as amended,
not to exceed $4,028,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
For an additional amount for expenses of the Criminal
Division relating to terrorism, $1,719,000: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,750,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $76,447,000: Provided, That notwithstanding any
other provision of law, not to exceed $58,905,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1997, so as to result in a
final fiscal year 1997 appropriation from the General Fund
estimated at not more than $17,542,000: Provided further,
That any fees received in excess of $58,905,000 in fiscal
year 1997, shall remain available until expended, but shall
not be available for obligation until October 1, 1997.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental agreements,
$923,340,000, of which not to exceed $2,500,000 shall be
available until September 30, 1998, for the purposes of (1)
providing training of personnel of the Department of Justice
in debt collection, (2) providing services to the Department
of Justice related to locating debtors and their property,
such as title searches, debtor skiptracing, asset searches,
credit reports and other investigations, (3) paying the costs
of the Department of Justice for the sale of property not
covered by the sale proceeds, such as auctioneers' fees and
expenses, maintenance and protection of property and
businesses, advertising and title search and surveying costs,
and (4) paying the costs of processing and tracking debts
owed to the United States Government: Provided, That of the
total amount appropriated, not to exceed $8,000 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $10,000,000 of those
funds available for automated litigation support contracts
shall remain available until expended: Provided further, That
$1,900,000 for supervision of the International Brotherhood
of Teamsters national election, shall remain available until
expended: Provided further, That in addition to reimbursable
full-time equivalent workyears available to the Office of the
United States Attorneys, not to exceed 8,652 positions and
8,936 full-time equivalent workyears shall be supported from
the funds appropriated in this Act for the United States
Attorneys.
For an additional amount for expenses relating to terrorism
and security needs, $10,900,000: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $43,876,000,
to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, of which
$28,602,000 shall be available to help meet the increased
demands for litigation and related activities, $4,641,000 for
Southwest Border Control, $1,000,000 for Federal victim
counselors, and $9,633,000 for expeditious deportation of
denied asylum applicants.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $107,950,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That
notwithstanding any other provision of law, $107,950,000 of
offsetting collections derived from fees collected pursuant
to 28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1997, so as to result in a
final fiscal year 1997 appropriation from the Fund estimated
at $0: Provided further, That any such fees collected in
excess of $107,950,000 in fiscal year 1997 shall remain
available until expended but shall not be available for
obligation until October 1, 1997.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement
[[Page 2472]]
Commission, including services as authorized by 5 U.S.C.
3109, $953,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $457,495,000, as authorized by 28 U.S.C. 561(i);
of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated
prisoner information system, and $2,200,000 to support the
Justice Prisoner and Alien Transportation System, shall
remain available until expended: Provided, That, with respect
to the amounts appropriated above, the service of maintaining
and transporting State, local, or territorial prisoners shall
be considered a specialized or technical service for purposes
of 31 U.S.C. 6505, and any prisoners so transported shall be
considered persons (transported for other than commercial
purposes) whose presence is associated with the performance
of a governmental function for purposes of 49 U.S.C. 40102:
Provided further, That not to exceed 12 permanent positions
and 12 full-time equivalent workyears and $700,000 shall be
expended for the Offices of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned
offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal
transfer or reimbursement of personnel or funds on either a
temporary or long-term basis.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,000,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
federal prisoner detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended: Provided, That this
appropriation hereafter shall not be available for expenses
authorized under 18 U.S.C. 4013(a)(4).
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $100,702,000, to
remain available until expended; of which not to exceed
$4,750,000 may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to
store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney
General that emergent circumstances require additional
funding for conflict prevention and resolution activities of
the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to this paragraph shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(C), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $13,736,000, not to be available for obligation until
September 30, 1997.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $359,430,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation: Provided further, That any
unobligated balances remaining available at the end of the
fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures
described in section 605 of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 2,706 passenger motor
vehicles, of which 1,945 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General: $2,451,361,000, of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and $1,000,000 for undercover operations shall remain
available until September 30, 1998; of which not less than
$147,081,000 shall be for counterterrorism investigations,
foreign counterintelligence, and other activities related to
our national security; of which not to exceed $98,400,000
shall remain available until expended; and of which not to
exceed $10,000,000 is authorized to be made available for
making payments or advances for expenses arising out of
contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
81 permanent positions and 85 full-time equivalent workyears
and $5,959,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
For an additional amount for necessary expenses of the
Federal Bureau of Investigation to prevent and investigate
terrorism activities and incidents; provide for additional
agents and support staff; protect key physical assets;
establish a capability for chemical, biological and nuclear
research; improve domestic intelligence; and improve security
at Federal Bureau of Investigation offices, $115,610,000, as
authorized by the Antiterrorism and Effective Death Penalty
Act of 1996 (P.L. 104-132): Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$169,000,000, to remain available until expended, which shall
derived from the Violent Crime Reduction Trust Fund; of which
$76,356,000 shall be for activities authorized by section
190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $53,404,000 shall be for activities
authorized by section 190001(b) of the 1994 Act, of which
$20,240,000 shall be for activities authorized by section 103
of the Brady Handgun Violence Prevention Act (Public Law 103-
159), as amended; $4,000,000 shall be for training and
investigative assistance authorized by section 210501 of the
1994 Act; $9,500,000 shall be for grants to States, as
authorized by section 811(b) of the Antiterrorism Act; and
$5,500,000 shall be for establishing DNA quality-assurance
and proficiency-testing standards, establishing an index to
facilitate law enforcement exchange of DNA identification
information, and related activities authorized by section
210501 of the 1994 Act.
telecommunications carrier compliance fund
For necessary expenses, as determined by the Attorney
General, $60,000,000, to remain available until expended, to
be deposited in the Telecommunications Carrier Compliance
Fund for making payments to telecommunications carriers,
equipment manufacturers, and providers of telecommunications
support
[[Page 2473]]
services pursuant to section 110 of this Act: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount not
previously designated by the President as an emergency
requirement shall be available only to the extent an official
budget request, for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement, as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $41,639,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,158 passenger motor vehicles, of which 1,032 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $745,388,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $4,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 1998; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses: Provided, That not to exceed 25
permanent positions and 25 full-time equivalent workyears and
$1,828,000 shall be expended for the Office of Legislative
Affairs and Public Affairs: Provided further, That the latter
two aforementioned offices shall not be augmented by
personnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis.
For an additional amount for security measures for domestic
and foreign Drug Enforcement Administration offices,
$5,000,000: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), and for the purchase of passenger motor
vehicles for police-type use, as otherwise authorized in this
title, $220,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $30,806,000, to remain
available until expended.
Immigration and Naturalization Service
SALARIES AND EXPENSES
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and allien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police
type use (not to exceed 2,691, of which 1,711 are for
replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; and research related to immigration
enforcement; $1,590,159,00 of which not to exceed $400,000
for research shall remain available until expended; and of
which not to exceed $10,000,000 shall be available for costs
associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to immigration: Provided, That none of the
funds available to the Immigration and Naturalization Service
shall be available to pay any employee overtime pay in an
amount in excess of $30,000 during the calendar year
beginning January 1, 1997: Provided further, That uniforms
may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $5,000 shall be available for official
reception and representation expenses: Provided further; That
none of the funds provided in this or any other Act shall be
used for the continued operation of the San Clemente and
Temecula checkpoints unless the cheek points are open and
traffic is being checked one continuous 24-hour basis:
Provided further, That the Land Border Fee Pilot Project
scheduled to end September 30, 1996, is extended to September
30, 1999 for projects on both the northern and southern
borders of the United States, except that no pilot program
may implement a universal land border crossing toll: Provided
further, That obligated and unobligated balances available to
``Salaries and Expenses, Community Relations Service'' under
section 501(c) of the Refugee Education Assistance Act of
1980 are transferred to this account and shall remain
available until expended: Provided further, That not to
exceed 48 permanent positions and 48 full-time equivalent
workyears and $4,628,000 shall be expended for the Office of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
For an additional amount to support the detention and
removal of aliens with ties to terrorist organizations and
expand the detention and removal of illegal aliens and
enhance the intelligence of the Immigration and
Naturalization Service, $15,000,000, of which $10,000,000
shall be for detention and removal of aliens: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
violent crime reduction programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 813 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $500,000,000,
to remain available until expended, which will be derived
from the Violent Crime Reduction Trust Fund, of which
$66,217,000 shall be for expeditious deportation of denied
asylum applicants, $317,256,000 shall be for improving border
controls, and $116,527,000 shall be for detention and
deportation proceedings: Provided, That amounts not required
for asylum processing provided under the expeditious
deportation of denied asylum applicants shall also be
available for other deportation program activities.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $9,841,000, to remain available until
expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 836, of which
572 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,768,316,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1998:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for
periods of not
[[Page 2474]]
to exceed 3 years and 7 additional option years for the
confinement of Federal prisoners: Provided further, That the
National Institute of Corrections hereafter shall be included
in the FPS Salaries and Expenses budget, in the Contract
Confinement program and shall continue to perform its current
functions under 18 U.S.C. 4351, et seq., with the exception
of its grant program and shall collect reimbursement for
services whenever possible: Provided further, That any
unexpended balances available to the ``National Institute of
Corrections'' account shall be credited to and merged with
this appropriation, to remain available until expended.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $25,224,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$395,700,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available able to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation: Provided further, That
not to exceed 10 percent of the funds appropriated to
``Buildings and Facilities'' in this Act or any other Act may
be transferred to ``Salaries and Expenses'', Federal Prison
System, upon notification by the Attorney General to the
Committees on Appropriations of the House of Representatives
and the Senate in compliance with provisions set forth in
section 605 of this Act: Provided further, That of the total
amount appropriated, not to exceed $36,570,000 shall be
available for the renovation and construction of United
States Marshals Service prisoner-holding facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,042,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, $101,429,000, to remain
available until expended, as authorized by section 1001 of
title I of the Omnibus Crime Control and Safe Streets Act, as
amended by Public Law 102-534 (106 Stat. 3524).
For an additional amount, $17,000,000, to remain available
until expended; of which $5,000,000 shall be for Local
Firefighter and Emergency Services Training Grants as
authorized by section 819 of the Antiterrorism and Effective
Death Penalty Act of 1996 (``the Antiterrorism Act''); of
which $10,000,000 shall be for development of
counterterrorism technologies to help State and local law
enforcement combat terrorism, as authorized by section 821 of
the Antiterrorism Act; of which $2,000,000 shall be for
specialized multi-agency response training: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount not
previously designated by the President as an emergency
requirement shall be available only to the extent an official
budget request, for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement, as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $361,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $60,000,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I of
said Act, for discretionary grants under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act'') and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act'') $2,036,150,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund, of which $523,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to H.R. 728 as passed by
the House of Representatives of February 14, 1995, except
that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as
well as a ``State'', for the purposes set forth in paragraphs
(A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728
and for establishing crime prevention programs involving
cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime
or the prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching funds for
any other Federal grant program: Provided further, That
$20,000,000 of this amount shall be for Boys and Girls Clubs
in public housing facilities and other areas in cooperation
with State and local law enforcement: Provided further, That
funds may also be used to defray the costs of indemnification
insurance for law enforcement officers; of which $50,000,000
shall be for grants to upgrade criminal records, as
authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; of which $199,000,000
shall be available as authorized by section 1001 of title I
of the 19678 Act, to carry out the provisions of subpart 1,
part E of title I of the 1968 Act, notwithstanding section
511 of said Act, for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs; of which
$440,000,000 shall be for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration
and Nationality Act, as amended; of which $670,000,000 shall
be for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the
1994 Act, of which $170,000,000 shall be available for
payments to States for incarceration of criminal aliens, and
of which $12,500,000 shall be available for the Cooperative
Agreement Program: Provided further, that funds made
available for Violent Offender Incarceration and Truth in
Sentencing Incentive Grants to the State of California may,
at the discretion of the recipient, be used for payments for
the incarceration of criminal aliens: Provided further, That
beginning in fiscal year 1999, and thereafter, no funds shall
be available to make grants to a State pursuant to section
20103 or section 20104 of the Violent Crime Control and Law
Enforcement Act of 1994 unless no later than September 1,
1998, such State has implemented a program of controlled
substance testing and intervention for appropriate categories
of convicted offenders during periods of incarceration and
criminal justice supervision, with sanctions including denial
or revocation of release for positive controlled substance
tests, consistent with guidelines issued by the Attorney
General; of which $6,000,000 shall be for the Court Appointed
Special Advocate Program, as authorized by section 218 of the
1990 Act; of which $1,000,000 shall be for Child Abuse
Training Programs for Judicial Personnel and Practitioners,
as authorized by section 224 of the 1990 Act; of which
$145,000,000 shall be for Grants to Combat Violence Against
Women, to States, units of local government, and Indian
tribal governments, as authorize by section 1001(a)(18) of
the 1968 Act; of which $33,000,000 shall be for Grants to
Encourage Arrest Policies to States, units of local
government, and Indian tribal governments, as authorized by
section 1001(a)(19) of the 1968 Act; of which $8,000,000
shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295
of the 1994 Act; of which $1,000,000 shall be for training
programs to assist probation and parole officers who work
with released sex offenders, as authorized by section
40152(c) of the 1994 Act; of which $1,750,000 shall be for
national stalker and domestic violence reduction, as
authorized by section 40603 of the 1994 Act; of which
[[Page 2475]]
$30,000,000 shall be for grants for residential substance
abuse treatment for State prisoners as authorized by section
1001(a)(17) of the 1968 Act; of which $3,000,000 shall be for
grants to States and units of local government for projects
to improve DNA analysis, as authorized by section 1001(a)(22)
of the 1968 Act; of which $900,000 shall be for the Missing
Alzheimer's Disease Patient Alert Program, as authorized by
section 24001(c) of the 1994 Act; of which $750,000 shall be
for Motor Vehicle Theft Prevention Programs, as authorized by
section 220002(h) of the 1994 Act; of which $200,000 shall be
for a National Baseline Study on Campus Sexual Assault, as
authorized by section 40506(e) of the 1994 Act; of which
$30,000,000 shall be for Drug Courts, as authorized by title
V of the 1994 Act; of which $1,000,000 shall be for Law
Enforcement Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; and of which $2,000,000 shall be
for public awareness programs addressing marketing scams
aimed at senior citizens, as authorized by section 250005(3)
of the 1994 Act: Provided further, That funds made available
in fiscal year 1997 under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, may be obligated for programs to assist States in
the litigation processing of death penalty Federal habeas
corpus petitions and for drug testing initiatives: Provided
further, That any 1996 balances for these programs shall be
transferred to and merged with this appropriation: Provided
further, That if a unit of local government uses any of the
funds made available under this title to increase the number
of law enforcement officers, the unit of local government
will achieve a net gain in the number of law enforcement
officers who perform nonadministrative public safety service.
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $28,500,000,
which shall be derived from discretionary grants provided
under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local
law enforcement agencies engaged in the investigation and
prosecution of violent crimes and drug offenses in ``Weed and
Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified
by the Attorney General to execute the ``Weed and Seed''
program strategy: Provided, That funds designated by Congress
through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the
use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after
the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,400,000,000, to
remain available until expended, which shall be derived from
Violent Crime Reduction Trust Fund, for Public Safety and
Community Policing Grants pursuant to title I of the 1994
Act: Provided, That not to exceed 186 permanent positions and
174 full-time equivalent workyears and $19,800,000 shall be
expended for program management and administration.
In addition, for programs of Police Corps education,
training and service as set forth in sections 200101-200113
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), $20,000,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, including salaries and
expenses in connection therewith to be transferred to and
merged with the appropriations for Justice Assistance,
$170,000,000, to remain available until expended, as
authorized by section 299 of part I of title II and section
506 of title V of the Act, as amended by Public Law 102-586,
of which (1) notwithstanding any other provision of law,
$5,000,000 shall be available for expenses authorized by part
A of title II of the Act, $86,500,000 shall be available for
expenses authorized by part B of title II of the Act, and
$29,500,000 shall be available for expenses authorized by
part C of title II of the Act: Provided, That $16,500,000 of
the amounts provided for part B of title II of the Act, as
amended, is for the purpose of providing additional formula
grants under part B, for innovative local law enforcement and
community policing programs, to States that provide
assurances to the Administrator that the State has in effect
(or will have in effect no later than 1 year after date of
application) policies and programs, that ensure that
juveniles are subject to accountability-based sanctions for
every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be available for expenses authorized by
sections 281 and 282 of part D of title II of the Act for
prevention and treatment programs relating to juvenile gangs;
(3) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $7,000,000
shall be available for expenses authorized by part G of title
II of the Act for juvenile mentoring programs; and (5)
$20,000,000 shall be available for expenses authorized by
title V of the Act for incentive grants for local delinquency
prevention programs: Provided, That upon the enactment of
reauthorization legislation for Juvenile Justice Programs
under the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, funding provided in this Act shall from
that date be subject to the provisions of that legislation
and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $4,500,000, to remain available
until expended, as authorized by sections 214B of the Act.
public safety officers benefits
For payments authorized by part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
as amended, such sums as are necessary, to remain available
until expended, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340), and, in addition, $2,200,000,
to remain available until expended, for payments as
authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Pub. L. 96-132, 93 Stat. 1040 (1979)), as amended, shall
remain in effect until the termination date of this Act or
until the effective date of a department of Justice
Appropriation Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 104 intended to address the philosophical beliefs
of individual employees of the bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
a publicly-advertised, extraordinary rewards may be paid,
which shall not be subject to spending limitations contained
in sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a
maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act, including those derived from the Violent
Crime Reduction Trust Fund, may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States
Code, is amended by striking the year in the date therein
contained and replacing the same with ``1996''.
Sec. 109. (a) Section 1930(a) of title 28, United States
Code, is amended in paragraph (3), by inserting ``$'' before
``800'', and in paragraph (6), by striking everything after
``total less than $15,000;'' and inserting in lieu thereof:
``$500 for each quarter in which disbursements total $15,000
or more but less than $75,000; $750 for each quarter in which
disbursements total $75,000 or more but less than $150,000;
$1,250 for each quarter in which disbursements total $150,000
or more but less than $225,000; $1,500 for each quarter in
which disbursements total $225,000 or more but less than
$300,000; $3,750 for each quarter in which disbursements
total $300,000 or more but less than $1,000,000; $5,000 for
each quarter in which disbursements total $1,000,000 or more
but less than $2,000,000; $7,500 for each quar
[[Page 2476]]
ter in which disbursements total $2,000,000 or more but less
than $3,000,000; $8,000 for each quarter in which
disbursements total $3,000,000 or more but less than
$5,000,000; $10,000 for each quarter in which disbursements
total $5,000,000 or more. The fee shall be payable on the
last day of the calendar month following the calendar quarter
for which the fee is owed.''.
(b) Section 589a of title 28, United States Code, is
amended to read as follows:
``Sec. 589a. United States Trustee System Fund
``(a) There is hereby established in the Treasury of the
United States a special fund to be known as the `United
States Trustee System Fund' (hereinafter in this section
referred to as the `Fund'). Monies in the Fund shall be
available to the Attorney General without fiscal year
limitation in such amounts as may be specified in
appropriations Acts for the following purposes in connection
with the operations of United States trustees--
``(1) salaries and related employee benefits;
``(2) travel and transportation;
``(3) rental of space;
``(4) communication, utilities, and miscellaneous computer
charges;
``(5) security investigations and audits;
``(6) supplies, books, and other materials for legal
research;
``(7) furniture and equipment;
``(8) miscellaneous services, including those obtained by
contract; and
``(9) printing.
``(b) For the purpose of recovering the cost of services of
the United States Trustee System, there shall be deposited as
offsetting collections to the appropriation `United States
Trustee System Fund', to remain available until expended, the
following--
``(1) 23.08 percent of the fees collected under section
1930)a)(1) of this title;
``(2) one-half of the fees collected under section
1930(a)(3) of this title;
``(3) one-half of the fees collected under section
1930(a)(4) of this title;
``(4) one-half of the fees collected under section
1930(a)(5) of this title;
``(5) 100 percent of the fees collected under section
1930(a)(6) of this title;
``(6) three-fourths of the fees collected under the last
sentence of section 1930(a) of this title;
``(7) the compensation of trustees received under section
330(d) of title 11 by the clerks of the bankruptcy courts;
and
``(8) excess fees collected under section 586(e)(2) of this
title.
``(c) Amounts in the Fund which are not currently needed
for the purposes specified in subsection (a) shall be kept on
deposit or invested in obligations of, or guaranteed by, the
United States.
``(d) The Attorney General shall transmit to the Congress,
not later than 120 days after the end of each fiscal year, a
detailed report on the amounts deposited in the Fund and a
description of expenditures made under this section.
``(e) There are authorized to be appropriated to the Fund
for any fiscal year such sums as may be necessary to
supplement amounts deposited under subsection (b) for the
purposes specified in subsection (a).''.
(c) Notwithstanding any other provision of law or of this
Act, the amendments to 28 U.S.C. 589a made by subsection (b)
of this section shall take effect upon enactment of this Act.
(d) Section 101(a) of Public Law 104-91, as amended by
section 211 of Public Law 104-99 is further amended by
inserting ``: Provided further, That, notwithstanding any
other provision of law, the fees under 28 U.S.C. 1930(a)(6)
shall accrue and be payable from and after January 27, 1996,
in all cases (including, without limitation, any cases
pending as of that date), regardless of confirmation status
of their plans'' after ``enacted into law''.
Sec. 110. Public Law 103-414 (108 Stat. 4279) is amended by
inserting at its conclusion a new title IV, as follows:
``TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
``SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER
COMPLIANCE FUND.
``(a) Establishment of Fund.--There is hereby established
in the United States Treasury a fund to be known as the
Department of Justice Telecommunications Carrier Compliance
Fund (hereafter referred to as `the Fund'), which shall be
available without fiscal year limitation to the Attorney
General for making payments to telecommunications carriers,
equipment manufacturers, and providers of telecommunications
support services pursuant to section 109 of this Act.
``(b) Deposits to the Fund.--Notwithstanding any other
provision of law, any agency of the United States with law
enforcement or intelligence responsibilities may deposit as
offsetting collections to the Fund any unobligated balances
that are available until expended, upon compliance with any
Congressional notification requirements for reprogramming of
funds applicable to the appropriation from which the deposit
is to be made.
``(c) Termination.--
``(1) The Attorney General may terminate the Fund at such
time as the Attorney General determines that the Fund is no
longer necessary.
``(2) Any balance in the Fund at the time of its
termination shall be deposited in the General Fund of the
Treasury.
``(3) A decision of the Attorney General to terminate the
Fund shall not be subject to judicial review.
``(d) Availability of Funds for Expenditure.--Funds shall
not be available for obligation unless an implementation plan
as set forth in subsection (e) is submitted to each member of
the Committees on the Judiciary and Appropriations of both
the House of Representatives and the Senate and the Congress
does not by law block or prevent the obligation of such
funds. Such funds shall be treated as a reprogramming of
funds under section 605 of the Department of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1997, and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section and this section.
``(e) Implementation Plan.--The implementation plan shall
include:
``(1) the law enforcement assistance capability
requirements and an explanation of law enforcement's
recommended interface;
``(2) the proposed actual and maximum capacity requirements
for the number of simultaneous law enforcement communications
intercepts, pen registers, and trap and trace devices that
authorized law enforcement agencies may seek to conduct, set
forth on a county-by-county basis for wireline services and
on a market service area basis for wireless services, and the
historical baseline of electronic surveillance activity upon
which such capacity requirements are based;
``(3) a prioritized list of carrier equipment, facilities,
and services deployed on or before January 1, 1995, to be
modified by carriers at the request of law enforcement based
on its investigative needs;
``(4) a projected reimbursement plan that estimates the
cost for the coming fiscal year and for each fiscal year
thereafter, based on the prioritization of law enforcement
needs as outlined in (3), of modification by carriers of
equipment, facilities and services, installed on or before
January 1, 1995.
``(f) Annual Report to the Congress.--The Attorney General
shall submit to the Congress each year a report specifically
detailing all deposits and expenditures made pursuant to this
Act in each fiscal year. This report shall be submitted to
each member of the Committees on the Judiciary and
Appropriations of both the House of Representatives and the
Senate, and to the Speaker and minority leader of the House
of Representatives and to the majority and minority leaders
of the Senate, no later than 60 days after the end of each
fiscal year.''.
Sec. 111. It is the sense of the Congress that the Drug
Enforcement Administration, together with other appropriate
Federal agencies, should take such actions as may be
necessary to end the illegal importation into the United
States of Rohypnol (Flunitrazepam), a drug frequently
distributed with the intent to facilitate sexual assault and
rape.
Sec. 112. Section 1402 of the Victims of Crime Act of 1984,
as amended (42 U.S.C. 10601), is amended at subsection (e) by
deleting ``2'' and inserting ``3'', and at subsection (d) by
adding a new paragraph (5) as follows:
``(5) The Director may set aside up to $500,000 of the
reserve fund described in paragraph (4) to maker supplemental
grants to United States Attorneys Offices to provide
necessary assistance to victims of the bombing of the Alfred
P. Murrah Federal Building in Oklahoma City, to facilitate
observation of and/or participation by such victims in trial
proceedings arising therefrom, including, without limitation,
provision of lodging and travel assistance, and to pay such
other, related expenses determined to be necessary by the
Director.''.
Sec. 113. Section 732 of Public Law 104-132 (110 Stat.
1303; 18 U.S.C. 841 note) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) New prevention technologies.--In addition to the
study of taggants as provided herein, the Secretary, in
consultation with the Attorney General, shall concurrently
report to the Congress on the possible use, and exploitation
of technologies such as vapor detection devices, computed
tomography, nuclear quadropole resonance, thermal neutron
analysis, pulsed fast-neutron analysis, and other
technologies upon which recommendations to the Congress may
be made for further study, funding, and use of the same in
preventing and solving acts of terrorism involving explosive
devices.''; and
(2) by adding at the end the following new subsection:
``(f) Special Study.--
``(1) In general.--Notwithstanding subsection (a), the
Secretary of the Treasury shall enter into a contract with
the National Academy of Sciences (referred to in this section
as the `Academy') to conduct a study of the tagging of
smokeless and black powder by any viable technology for
purposes of detection and identification. The study shall be
conducted by an independent panel of 5 experts appointed by
the Academy.
``(2) Study elements.--The study conducted under this
subsection shall--
``(A) indicate whether the tracer elements, when added to
smokeless and black powder--
``(i) will pose a risk to human life or safety;
``(ii) will substantially assist law enforcement officers
in their investigative efforts;
``(iii) will impair the quality and performance of the
powders (which shall include a broad and comprehensive
sampling of all available powders) for their intended lawful
use, including, but not limited to the sporting, defense, and
handloading uses of the powders, as well as their use in
display and lawful consumer pyrotechnics;
[[Page 2477]]
``(iv) will have a substantially adverse effect on the
environment;
``(v) will incur costs which outweigh the benefits of their
inclusion, including an evaluation of the probable production
and regulatory cost of compliance to the industry, and the
costs and effects on consumers, including the effect on the
demand for ammunition; and
``(vi) can be evaded, and with what degree of difficulty,
by terrorists or terrorist organizations, including evading
tracer elements by the use of precursor chemicals to make
black or other powders; and
``(B) provide for consultation on the study with Federal,
State, and local officials, non-governmental organizations,
including all national police organizations, national
sporting organizations, and national industry associations
with expertise in this area and such other individuals as
shall be deemed necessary.
``(3) Report and costs.--The study conducted under this
subsection shall be presented to Congress 12 months after the
enactment of this subsection and be made available to the
public, including any data tapes or data used to form such
recommendations. There are authorized to be appropriated such
sums as may be necessary to carry out the study.''.
Sec. 114. (a) Section 524(c)(1) of title 28, United States
Code, is amended in the first sentence following the second
subparagraph (I) by deleting ``(C),''.
(b) Section 524 (c)(8)(A) is amended by deleting ``(C),''.
Sec. 115. Effective with the enactment of this Act and in
any fiscal year hereafter, under policies established by the
Attorney General, the Department of Justice may reimburse
employees who are paid by an appropriation account within the
Department of Justice and are traveling on behalf of the
United States in temporary duty status to investigate,
prosecute, or litigate (including the provision of support
therefor) a criminal or civil matter, or for other similar
special circumstances, for Federal, State, and local taxes
heretofore and hereafter resulting from any reimbursement of
travel expenses from an appropriation account within the
Department of Justice: Provided, That such reimbursement may
include an amount equal to all income taxes for which the
employee would be liable due to such reimbursement.
Sec. 116. Section 524 of the title 28, United States Code,
is amended by adding a new subsection (d) as follows:
``(d)(1) The Attorney General may accept, hold, administer,
and use gifts, devises, and bequests of any property for the
purpose of aiding or facilitating the work of the Department
of Justice.
``(2) Gifts, devises, and bequests of money, the proceeds
of sale or liquidation of any other property accepted
hereunder, and any income accruing from any property accepted
hereunder--
``(A) shall be deposited in the Treasury in a separate fund
and held in trust by the Secretary of the Treasury for the
benefit of the Department of Justice; and
``(B) are hereby appropriated, without fiscal year
limitation, and shall be disbursed on order of the Attorney
General.
``(3) Upon request of the Attorney General, the Secretary
of the Treasury may invest and reinvest the fund described
herein in public debt securities with maturities suitable for
the needs of the fund and bearing interest at rates
determined by the Secretary of the Treasury, taking into
consideration the current average market yield on outstanding
marketable obligations of the United States or comparable
maturities.
``(4) Evidences of any intangible personal property (other
than money) accepted hereunder shall be deposited with the
Secretary of the Treasury, who may hold or liquidate them,
except that they shall be liquidated upon the request of the
Attorney General.
``(5) For purposes of federal income, estate, and gift
taxes, property accepted hereunder shall be considered a
gift, devise, or bequest to, or for the use of, the United
States.''.
Sec. 117. Section 524(c)(9), of title 28 United States
Code, is amended to read as follows:
``(9)(A) Following the completion of procedures for the
forfeiture of property pursuant to any law enforced or
administered by the Department, the Attorney General is
authorized, in her discretion, to warrant clear title to any
subsequent purchaser or transferee of such property.
``(B) For fiscal year 1997, the Attorney General is
authorized to transfer, under such terms and conditions as
the Attorney General shall specify, real or personal property
of limited or marginal value, to a State or local government
agency, or its designated contractor or transferee, for use
to support drug abuse treatment, drug and crime prevention
and education, housing, job skills, and other community-based
public health and safety programs. Such transfer shall not
create or confer any private right of action in any person
against the United States.''.
Sec. 118. Section 594(b)(3)(A) of title 28 United States
Code, is amended in the second sentence by--
(a) striking ``by 6 months'' and inserting ``for successive
6-month periods''; and
(b) striking the phrase ``employee assigned duties under
subsection (l)(1)(A)(iii) certifies'' and inserting
``independent counsel and the division of the court
certify''; and
(c) striking ``such employee'' and inserting ``the
independent counsel'' and ``the division of the court''.
Sec. 119. This section may be cited as the ``Age
Discrimination in Employment Amendments of 1996''.
Subsection 1. Age Discrimination Amendment
(a) Repeal of Repealer.--Section 3(b) of the Age
Discrimination in Employment Amendments of 1986 (29 U.S.C.
623 note) is repealed.
(b) Exemption.--Section 4(j) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(j)), as in effect
immediately before December 31, 1993--
(1) is reenacted as such section; and
(2) as so reenacted, is amended in paragraph (1) by
striking ``and the individual has attained the age'' and all
that follows through ``1983, and'' and inserting the
following: ``, the employer has complied with section 3(d)(2)
of the Age Discrimination in Employment Amendments of 1996 if
the individual was discharged after the date described in
such section, and the individual has attained--
``(A) the age of hiring or retirement, respectively, in
effect under applicable State or local law on March 3, 1983;
or
``(B)(i) if the individual was not hired, the age of hiring
in effect on the date of such failure or refusal to hire
under applicable State or local law enacted after the date of
enactment of the Age Discrimination in Employment Amendments
of 1996; or
``(ii) if applicable State or local law was enacted after
the date of enactment of the Age Discrimination in Employment
Amendments of 1996 and the individual was discharged, the
higher of--
``(I) the age of retirement in effect on the date of such
discharge under such law; and
``(II) age 55; and''.
(c) Construction.--Nothing in the repeal, reenactment, and
amendment made by subsections (a) and (b) shall be construed
to make lawful the failure or refusal to hire, or the
discharge of, an individual pursuant to a law that--
(1) was enacted after March 3, 1983 and before the date of
enactment of the Age Discrimination in Employment Amendments
of 1996; and
(2) lowered the age of hiring or retirement, respectively,
for firefighters or law enforcement officers that was in
effect under applicable State or local law on March 3, 1983.
SUBSECTION 2. STUDY AND GUIDELINES FOR PERFORMANCE TESTS
(a) Study.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services, acting through the Director of the National
Institute for Occupational Safety and Health (referred to in
this section as the ``Secretary''), shall conduct, directly
or by contract, a study, and shall submit to the appropriate
committees of Congress a report based on the results of the
study that shall include--
(1) a list and description of all tests available for the
assessment of abilities important for the completion of
public safety tasks performed by law enforcement officers and
firefighters.
(2) a list of the public safety tasks for which adequate
tests described in paragraph (1) do not exist;
``(3) a description of the technical characteristics that
the tests shall meet to be in compliance with applicable
Federal civil rights law and policies;
(4) a description of the alternative methods that are
available for determining minimally acceptable performance
standards on the tests;
(5) a description of the administrative standards that
should be met in the administration, scoring, and score
interpretation of the tests; and
(6) an examination of the extent to which the tests are
cost-effective, are safe, and comply with the Federal civil
rights law and policies.
(b) Consultation Requirement; Opportunity for Public
Comment.--
(1) Consultation.--The Secretary shall, during the conduct
of the study required by subsection (a), consult with--
(A) the Deputy Administration of the United States Fire
Administration:
(B) the Director of the Federal Emergency Management
Agency;
(C) organizations that represent law enforcement officers,
firefighters, and employers of the officers and firefighters;
and
(D) organizations that represent older individuals.
(2) Public comment.--Prior to issuing the advisory
guidelines required in subsection (e), the Secretary shall
provide an opportunity for public comment on the proposal
advisory guidelines.
(c) Advisory Guidelines.--Not later than 4 years after the
date of enactment of this Act, the Secretary shall develop
and issue, based on the results of the study required by
subsection (a), advisory guidelines for the administration
and use of physical and mental fitness tests to measure the
ability and competency of law enforcement officers and
firefighters to perform the requirements of the jobs of the
officers and firefighters.
(d) Job Performance Tests.--
(1) Identification of tests.--After issuance of the
advisory guidelines described in subsection (e), the
Secretary shall issue regulations identifying valid,
nondiscriminatory job performance tests that shall be used by
employers seeking the exemption described in section 4(j) of
the Age Discrimination in Employment Act of 1967 with respect
to firefighters or law enforcement officers who have attained
an age of retirement described in such section 4(j).
(2) Use of tests.--Effective on the date of issuance of the
regulations described in paragraph (1), any employer seeking
such exemp
[[Page 2478]]
tion with respect to a firefighter or law enforcement officer
who has attained such age shall provide to each firefighter
or law enforcement officer who has attained such age an
annual opportunity to demonstrate physical and mental fitness
by passing a test described in paragraph (1), in order to
continue employment.
(e) Development of Standards for Wellness Programs.--Not
later than 2 years after the date of enactment of this Act,
the Secretary shall propose advisory standards for wellness
programs for law enforcement officers and firefighters.
(f) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 to carry out this section.
Subsection 3. Effective Dates
(a) General Effective Date.--Except as provided in
subsection (b), this title and the amendments made by this
title shall take effect on the date of enactment of this Act.
(b) Special Effective Date.--The repeal made by section
2(a) and the reenactment made by section 2(b)(1) shall take
effect on December 31, 1993.
Sec. 120. Section 320935(e) of the Violent Crime Control
and Law Enforcement Act of 1994 is amended by inserting '',
including all trails commenced on or after the effective date
of such amendments'' after ``such amendments''.
Sec. 121. This section may be cited as the ``Child
Pornography Prevention Act of 1996''.
Subsection 1. Findings
Congress finds that--
(1) the use of children in the production of sexually
explicit material, including photographs, films, videos,
computer images, and other visual depictions, is a form of
sexual abuse which can result in physical or psychological
harm, or both, to the children involved;
(2) where children are used in its production, child
pornography permanently records the victim's abuse, and its
continued existence causes the child victims of sexual abuse
continuing harm by haunting those children in future years;
(3) child pornography is often used as part of a method of
seducing other children into sexual activity; a child who is
reluctant to engage in sexual activity with an adult, or to
pose for sexually explicit photographs, can sometimes be
convinced by viewing depictions of other children ``having
fun'' participating in such activity;
(4) child pornography is often used by pedophiles and child
sexual abusers to stimulate and whet their own sexual
appetites, and as a model for sexual acting out with
children; such use of child pornography can desensitize the
viewer to the pathology of sexual abuse or exploitation of
children, so that it can become acceptable to and even
preferred by the viewer;
(5) new photographic and computer imagining technologies
make it possible to produce by electronic, mechanical, or
other means, visual depictions of what appear to be children
engaging in sexually explicit conduct that are virtually
indistinguishable to the unsuspecting viewer from unretouched
photographic images of actual children engaging in sexually
explicit conduct;
(6) computers and computer imaging technology can be used
to--
(A) alter sexually explicit photographs, films, and videos
in such a way as to make it virtually impossible for
unsuspecting viewers to identify individuals, or to determine
if the offending material was produced using children;
(B) produce visual depictions of child sexual activity
designed to satisfy the preferences of individual child
molesters, pedophiles, and pornography collectors; and
(C) alter innocent pictures of children to create visual
depictions of those children engaging in sexual conduct;
(7) the creation or distribution of child pornography which
includes an image of a recognizable minor invades the child's
privacy and reputational interests, since images that are
created showing a child's face or other identifiable feature
on a body engaging in sexually explicit conduct can haunt the
minor for years to come;
(8) the effect of visual depictions of child sexual
activity on a child molester or pedophile using that material
to stimulate or whet his own sexual appetites, or on a child
where the material is being used as a means of seducing or
breaking down the child's inhibitions to sexual abuse or
exploitation, is the same whether the child pornography
consists of photographic depictions of actual children or
visual depictions produced wholly or in part by electronic,
mechanical, or other means, including by computer, which are
virtually indistinguishable to the unsuspecting viewer from
photographic images of actual children;
(9) the danger to children who are seduced and molested
with the aid of child sex pictures is just as great when the
child pornographer or child molester uses visual depictions
of child sexual activity produced wholly or in part by
electronic, mechanical, or other means, including by
computer, as when the material consists of unretouched
photographic images of actual children engaging in sexually
explicit conduct;
(10)(A) the existence of and traffic in child pornographic
images creates the potential for many types of harm in the
community and presents a clear and present danger to all
children; and
(B) it inflames the desires of child molesters, pedophiles,
and child pornographers who prey on children, thereby
increasing the creation and distribution of child pornography
and the sexual abuse and exploitation of actual children who
are victimized as a result of the existence and use of these
materials;
(11)(A) the sexualization and eroticization of minors
through any form of child pornographic images has a
deleterious effect on all children by encouraging a societal
perception of children as sexual objects and leading to
further sexual abuse and exploitation of them; and
(B) this sexualization of minors creates an unwholesome
environment which affects the psychological, mental and
emotional development of children and undermines the efforts
of parents and families to encourage the sound mental, moral
and emotional development of children;
(12) prohibiting the possession and viewing of child
pornography will encourage the possessors of such material to
rid themselves of or destroy the material, thereby helping to
protect the victims of child pornography and to eliminate the
market for the sexual exploitative use of children; and
(13) the elimination of child pornography and the
protection of children from sexual exploitation provide a
compelling governmental interest for prohibiting the
production, distribution, possession, sale, or viewing of
visual depictions of children engaging in sexually explicit
conduct, including both photographic images of actual
children engaging in such conduct and depictions produced by
computer or other means which are virtually indistinguishable
to the unsuspecting viewer from photographic images of actual
children engaging in such conduct.
Subsection 2. Definitions
Section 2256 of title 18, United States Code, is amended--
(1) in paragraph (5), by inserting before the semicolon the
following: ``, and data stored on computer disk or by
electronic means which is capable of conversion into a visual
image'';
(2) in paragraph (6), by striking ``and'';
(3) in paragraph (7), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraphs:
``(8) `child pornography' means any visual depiction,
including any photograph, film, video, picture, or computer
or computer-generated image or picture, whether made or
produced by electronic, mechanical, or other means, of
sexually explicit conduct, where--
``(A) the production of such visual depiction involves the
use of a minor engaging in sexually explicit conduct;
``(B) such visual depiction is, or appears to be, of a
minor engaging in sexually explicit conduct;
``(C) such visual depiction has been created, adapted, or
modified to appear that an identifiable minor is engaging in
sexually explicit conduct; or
``(D) such visual depiction is advertised, promoted,
presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a
visual depiction of a minor engaging in sexually explicit
conduct; and
``(9) `identifiable minor'--
``(A) means a person--
``(i)(I) who was a minor at the time the visual depiction
was created, adapted, or modified; or
``(II) whose image as a minor was used in creating,
adapting, or modifying the visual depiction; and
``(ii) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature; and
``(B) shall not be construed to require proof of the actual
identity of the identifiable minor.''.
SUBSECTION 3. PROHIBITED ACTIVITIES RELATING TO MATERIAL
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY
(a) In General.--Chapter 110 of title 18, United States
Code, is amended by adding after section 2252 the following:
``Sec. 2252A. Certain activities relating to material
constituting or containing child pornography
``(a) Any person who--
``(1) knowingly mails, or transports or ships in interstate
or foreign commerce by any means, including by computer, any
child pornography;
``(2) knowingly receives or distributes--
``(A) any child pornography that has been mailed, or
shipped or transported in interstate or foreign commerce by
any means, including by computer; or
``(B) any material that contains child pornography that has
been mailed, or shipped or transported in interstate or
foreign commerce by any means, including by computer;
``(3) knowingly reproduces any child pornography for
distribution through the mails, or in interstate or foreign
commerce by any means, including by computer;
``(4) either--
``(A) in the special maritime and territorial jurisdiction
of the United States, or on any land or building owned by,
leased to, or otherwise used by or under the control of the
United States Government, or in the Indian country (as
defined in section 1151), knowingly sells or possesses with
the intent to sell any child pornography; or
``(B) knowingly sells or possesses with the intent to sell
any child pornography that has been mailed, or shipped or
transported in interstate or foreign commerce by any means,
including by computer, or that was produced using materials
that have been
[[Page 2479]]
mailed, or shipped or transported in interstate or foreign
commerce by any means, including by computer; or
``(5) either--
``(A) in the special maritime and territorial jurisdiction
of the United States, or on any land or building owned by,
leased to, or otherwise used by or under the control of the
United States Government, or in the Indian country (as
defined in section 1151), knowingly possesses any book,
magazine, periodical, film, videotape, computer disk, or any
other material that contains 3 or more images of child
pornography; or
``(B) knowingly possesses any book, magazine, periodical,
film, videotape, computer disk, or any other material that
contains 3 or more images of child pornography that has been
mailed, or shipped or transported in interstate or foreign
commerce by any means, including by computer, or that was
produced using materials that have been mailed, or shipped or
transported in interstate or foreign commerce by any means,
including by computer,
shall be punished as provided in subsection (b).
``(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), (3), or (4) of subsection (a)
shall be fined under this title or imprisoned not more than
15 years, or both, but, if such person has a prior conviction
under this chapter or chapter 109A, or under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, such person
shall be fined under this title and imprisoned for not less
than 5 years nor more than 30 years.
``(2) Whoever violates, or attempts or conspires to
violate, subsection (a)(5) shall be fined under this title or
imprisoned not more than 5 years, or both, but, if such
person has a prior conviction under this chapter or chapter
109A, or under the laws of any State relating to the
possession of child pornography, such person shall be fined
under this title and imprisoned for not less than 2 years nor
more than 10 years.
``(c) It shall be an affirmative defense to a charge of
violating paragraphs (1), (2), (3), or (4) of subsection (a)
that--
``(1) the alleged child pornography was produced using an
actual person or persons engaging in sexually explicit
conduct;
``(2) each such person was an adult at the time the
material was produced; and
``(3) the defendant did not advertise, promote, present,
describe, or distribute the material in such a manner as to
convey the impression that it is or contains a visual
depiction of a minor engaging in sexually explicit
conduct.''.
(b) Technical Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by adding
after the item relating to section 2252 the following:
``2252A. Certain activities relating to material constituting or
containing child pornography.''.
Subsection 4. Penalties for Sexual Exploitation of Children.
Section 2251(d) of title 18, United States Code, is amended
to read as follows:
``(d) Any individual who violates, or attempts or conspires
to violate, this section shall be fined under this title or
imprisoned not less than 10 years nor more than 20 years, or
both, but if such person has one prior conviction under this
chapter or chapter 109A, or under the laws of any State
relating to the sexual exploitation of children, such person
shall be fined under this title and imprisoned for not less
than 15 years nor more than 30 years, but if such person has
2 or more prior convictions under this chapter or chapter
109A, or under the laws of any State relating to the sexual
exploitation of children, such person shall be fined under
this title and imprisoned not less than 30 years nor more
than life. Any organization that violates, or attempts or
conspires to violate, this section shall be fined under this
title. Whoever, in the course of an offense under this
section, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term
of years or for life.''.
Subsection 5. Material Involving Sexual Exploitation of Minors
Section 2252 of title 18, United States Code, is amended by
striking subsection (b) and inserting the following:
``(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), or (3) of subsection (a) shall
be fined under this title or imprisoned not more than 15
years, or both, but if such person has a prior conviction
under this chapter or chapter 109A, or under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, such person
shall be fined under this title and imprisoned for not less
than 5 years nor more than 30 years.
``(2) Whoever violates, or attempts or conspires to
violate, paragraph (4) of subsection (a) shall be fined under
this title or imprisoned not more than 5 years, or both, but
if such person has a prior conviction under this chapter or
chapter 109A, or under the laws of any State relating to the
possession of child pornography, such person shall be fined
under this title and imprisoned for not less than 2 years nor
more than 10 years.''.
Subsection 6. Privacy Protection Act Amendments
Section 101 of the Privacy Protection Act of 1980 (42
U.S.C. 2000aa) is amended--
(1) in subsection (a)(1), by inserting before the
parenthesis at the end the following: ``, or if the offense
involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child
pornography, the sexual exploitation of children, or the sale
or purchase of children under section 2251, 2251A, 2252, or
2252A of title 18, United States Code''; and
(2) in subsection (b)(1), by inserting before the
parenthesis at the end the following: ``, or if the offense
involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child
pornography, the sexual exploitation of children, or the sale
or purchase of children under section 2251, 2251A, 2252, or
2252A of title 18, United States Code''.
Subsection 7. Amber Hagerman Child Protection Act of 1996
(a) Short Title.--This section may be cited as the ``Amber
Hagerman Child Protection Act of 1996''.
(b) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of
title 18, United States Code, is amended to read as follows:
``(c) With Children.--Whoever crosses a State line with
intent to engage in a sexual act with a person who has not
attained the age of 12 years, or in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison, knowingly engages in a sexual act with another person
who has not attained the age of 12 years, or knowingly
engages in a sexual act under the circumstances described in
subsections (a) and (b) with another person who has attained
the age of 12 years but has not attained the age of 16 years
(and is at least 4 years younger than that person), or
attempts to do so, shall be fined under this title,
imprisoned for any term of years or life, or both. If the
defendant has previously been convicted of another Federal
offense under this subsection, or of a State offense that
would have been an offense under either such provision had
the offense occurred in a Federal prison, unless the death
penalty is imposed, the defendant shall be sentenced to life
in prison.''.
(c) Sexual Abuse of a Minor.--Section 2243(a) of title 18,
United States Code, is amended by inserting ``crosses a State
line with intent to engage in a sexual act with a person who
has not attained the age of 12 years, or'' after ``Whoever''.
Subsection 8. Severability
If any provision of this Act, including any provision or
section of the definition of the term child pornography, an
amendment made by this Act, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this Act, including
any other provision or section of the definition of the term
child pornography, the amendments made by this Act, and the
application of such to any other person or circumstance shall
not be affected thereby.
This title may be cited as the ``Department of Justice
Appropriations Act, 1997''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $21,449,000, of which $2,500,000
shall remain available until expended: Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$40,850,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting export of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard
to 49 U.S.C. 1517; employment of Americans and aliens by
contract for services; rental of space abroad for periods not
exceeding ten years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $30,000
[[Page 2480]]
per vehicle; obtain insurance on official motor vehicles; and
rent tie lines and teletype equipment; $270,000,000 to remain
available until expended: Provided, That the provisions of
the first sentence of sanction 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912); and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act shall include payment for assessments for
services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; rental
of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law;
$36,000,000, to remain available until expended: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities: Provided
further, That payments and contributions collected and
accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of
such activities, and for providing information to the public
with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
For an additional amount for nonproliferation efforts to
prevent illegal exports of chemical weapon precursors,
biological agents, nuclear weapons and missile development
equipment, $3,900,000, to remain available until expended;
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91-304, and such laws that were in effect
immediately before September 30, 1982, and for trade
adjustment assistance, $328,500,000: Provided, That none of
the funds appropriated or otherwise made available under this
heading may be used directly or indirectly for attorneys' or
consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration:
Provided further, That, notwithstanding any other provision
of law, the Secretary of Commerce may provide financial
assistance for projects to be located on military
installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it
being required that the grantee have title or ability to
obtain a lease for the property, for the useful life of the
project, when in the opinion of the Secretary of Commerce,
such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary
of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to
land on military installations closed or scheduled for
closure or realignment.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$20,036,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$28,000,000: Provided, That of the total amount provided,
$2,000,000 shall be available for obligation and expenditure
only for projects jointly developed, implemented and
administered with the Small Business Administration.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $45,900,000, to remain available until September
30, 1998.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-
1527) and, notwithstanding section 5412 of the Omnibus Trade
and Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees
necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $135,000,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$210,500,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $15,000,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide any
spectrum functions pursuant to the NTIA Organization Act, 47
U.S.C. Sec. Sec. 902-903, to any Federal entity without
reimbursement as required by NTIA for such spectrum
management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from
other Government agencies shall remain available until
expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,250,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $1,500,000 shall be
available for program administration as authorized by section
391 of the Act: Provided further, That notwithstanding the
provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,490,000, to remain available
until expended as authorized by section 391 of the Act, as
amended: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support
activities as authorized by section 391: Provided further,
That of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research
activities for projects related directly to the development
of a national information infrastructure: Provided further,
That notwithstanding the requirements of section 392(a) and
392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the
provision of educational, cultural, health care, public
information, public safety, or other social services.
Patient and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted
against the Commissioner of Patents and Trademarks,
$61,252,000, to remain available until expended: Provided,
That the funds made available under this heading are to be
derived from deposits in the Patent and Trademark Office Fee
Surcharge Fund as authorized by law: Provided further, That
the amounts made available under the Fund shall not exceed
amounts deposited; and such fees as shall be collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall
remain available until expended.
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology
[[Page 2481]]
Policy, $9,500,000: Provided, That $2,500,000 of the total
amount provided under this heading shall be available to
support the United States-Israel Science and Technology
Commission.
Science and Technology
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $268,000,000, to remain available
until expended, of which not to exceed $1,625,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $95,000,000, to remain available until expended,
of which not to exceed $300,000 may be transferred to the
``Working Capital Fund'': Provided, That notwithstanding the
time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on
the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for
the transfer of Manufacturing Technology (``Centers''), such
Federal financial assistance for a Center may continue beyond
six years and may be renewed for additional periods, not to
exceed one year, at a rate not to exceed one-third of the
Center's total annual costs, subject before any such renewal
to a positive evaluation of the Center and to a finding by
the Secretary of Commerce that continuation of Federal
funding to the Center is in the best interest of the Regional
Centers for the transfer of Manufacturing Technology Program.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $225,000,000, to remain available until expended,
of which not to exceed $500,000 may be transferred to the
``Working Capital Fund.''
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
aircraft; not to exceed 299 commissioned officers on the
active list as of September 30, 1997; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activites pursuant to cooperative agreements; and
alteration, modernization, and relocation of facilities as
authorized by 33 U.S.C. 883i; $1,854,067,000, to remain
available until expended: Provided, That notwithstanding 31
U.S.C. 3302 but consistent with other existing law, fees
shall be assessed, collected, and credited to this
appropriation as offsetting collections to be available until
expended, to recover the costs of administering aeronautical
charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
additional fees are received during fiscal year 1997, so as
to result in a final general fund appropriation, estimated at
not more than $1,851,067,000: Provided further, That any such
additional fees received in excess of $3,000,000 in fiscal
year 1997 shall not be available for obligation until October
1, 1997: Provided further, That fees and donations received
by the National Ocean Service for the management of the
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in
addition, $66,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'': Provided
further, That grants to States pursuant to sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended,
shall not exceed $2,000,000: Provided further, That not later
than November 15, 1996, the Department of Commerce, in
conjunction with the National Oceanic and Atmospheric
Administration, shall submit to the appropriate committees of
the Congress, a long-term plan and a legislative proposal
necessary to implement such plan regarding the continuation
of a National Oceanic and Atmospheric Administration
commissioned corps.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$7,800,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.
construction
For repair and modification of, and addition to, existing
facilities and construction of new facilities, and for
facility planning and design and land acquisition not
otherwise provided for the National Oceanic and Atmospheric
Administration, $58,250,000, to remain available until
expended, of which $8,500,000 shall be available only for a
grant to the University of New Hampshire for construction and
related expenses for an environmental technology facility.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related
equipment to maintain and modernize the existing fleet and to
continue planning the modernization of the fleet, for the
National Oceanic and Atmospheric Administration, $8,000,000,
to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law
95-376, not to exceed $200,000, to be derived from receipts
collected pursuant to subsections (b) and (f) of section 10
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980),
to remain available until expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $1,000,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson Fishery Conservation and Management Act
of 1976, as amended (Public Law 100-627), and the American
Fisheries Promotion Act (Public Law 96-561), to be derived
from the fees imposed under the foreign fishery observer
program authorized by these Acts, not to exceed $196,000, to
remain available until expended.
fishing vessel obligations guarantees
For the cost of guaranteed loans, $250,000, as authorized
by the Merchant Marine Act of 1936, as amended: Provided,
that such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That none of the funds
made available under this heading may be used to guarantee
loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $28,490,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public
Law 100-504), $20,140,000.
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the obligated and unobligated balances available under
this heading, $16,000,000 are rescinded.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(rescission)
Of the unobligated balances available under this heading,
$20,000,000 are rescinded,
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust fund or any other fund or account of the Treasury to
pay for any expenses paid before October 1, 1992, as
authorized by section 8501 of title 5, United States Code,
for services performed after April 20, 1990, by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of
Commerce, no later than 90 days thereafter, shall submit to
[[Page 2482]]
the Committees on Appropriations of the House and the Senate
a plan for transferring funds provided in this Act to the
appropriate successor organizations: Provided, That the plan
shall include a proposal for transferring or rescinding funds
appropriated herein for agencies or programs terminated under
such legislation: Provided further, That such plan shall be
transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce to cover the costs of actions relating
to the abolishment, reorganization, or transfer of functions
and any related personnel action, including voluntary
separation incentives if authorized by such legislation;
Provided, That the authority to transfer funds between
appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included
under section 205 of this Act Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedure set forth
in that section.
Sec. 208. None of the funds appropriated under this Act or
any other Act henceforth may be used to develop new fishery
management plans, amendments, or regulations which create new
individual fishing quota programs (whether such quotas are
transferable or not) or to implement any such plans,
amendments or regulations approved by a Regional Fishery
Management Council or the Secretary after January 4, 1995,
until offsetting fees to pay for the cost of administering
such plans, amendments, or regulations are expressly
authorized under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). This restriction
shall also apply to any program relating to the Gulf of
Mexico commercial red snapper fishery that authorizes the
consolidation of licenses, permits or endorsements that
result in different trip limits for vessels in the same
class. This restriction shall not apply in any way to the
North Pacific halibut and sablefish, South Atlantic
wreckfish, or the Mid-Atlantic surfclam and ocean (including
mahogany) quohog individual fishing quota programs. The term
``individual fishing quota'' does not include a community
development quota.
Sec. 209. The Secretary may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
Sec. 210. There is hereby established the Bureau of the
Census Working Capital Fund, which shall be available without
fiscal year limitation, for expenses and equipment necessary
for the maintenance and operation of such services and
projects as the Director of the Census Bureau determines may
be performed more advantageously when centralized: Provided,
That such central services shall, to the fullest extent
practicable, be used to make unnecessary the maintenance of
separate like services in the divisions and offices of the
Bureau: Provided further, That a separate schedule of
expenditures and reimbursements, and a statement of the
current assets and liabilities of the Working Capital Fund as
of the close of the last completed fiscal year, shall be
prepared each year: Provided further, That notwithstanding 31
U.S.C. 3302, the Working Capital Fund may be credited with
advances and reimbursements from applicable appropriations of
the Bureau and from funds of other agencies or entities for
services furnished pursuant to law: Provided further, That
any inventories, equipment, and other assets pertaining to
the services to be provided by such funds, either on hand or
on order, less the related liabilities or unpaid obligations,
and any appropriations made hereafter for the purpose of
providing capital, shall be used to capitalize the Working
Capital Fund: Provided further, That the Working Capital Fund
shall provide for centralized services at rates which will
return in full all expenses of operation, including
depreciation of fund plant and equipment, amortization of
automated data processing software and hardware systems, and
an amount necessary to maintain a reasonable operating
reserve as determined by the Director.
Sec. 211. (a) Effective 15 days after the enactment of the
Sustainable Fisheries Act, section 1 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801) shall be
amended to read as follows: ``That this Act may be cited as
the ``Magnuson-Stevens Fishery Conservation and Management
Act'.''
(b) Effective 15 days after the enactment of the
Sustainable Fisheries Act, all references to the Magnuson
Fishery Conservation and Management Act shall be redesignated
as references to the Magnuson-Stevens Fishery Conservation
and Management Act.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 1997''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance,
and operation of an automobile for the Chief Justice, not to
exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve; $27,157,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$2,800,000, of which $260,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $15,013,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,114,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retire from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,556,000,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; of which $500,000 shall be transferred
to the Commission on Structural Alternatives for the Federal
Courts of Appeals only after legislation is enacted to
establish the Commission; of which not to exceed $10,000,000
shall remain available until expended for furniture and
furnishings related to new space alteration and construction
projects; and of which $500,000 is to remain available until
expended for acquisition of books, periodicals, and
newspapers, and all other legal reference materials,
including subscriptions.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,390,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
For an additional amount for expenses relating to
additional workload from the Antiterrorism and Effective
Death Penalty Act of 1996, and for Court Security needs,
$10,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the amount not
previously designated by the President as an emergency
requirement shall be available only to the extent an official
budget request, for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement, as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
Violent Crime Reduction Programs
For activities of the Federal Judiciary as authorized by
law, $30,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund,
as authorized by section 190001(a) of Public Law 103-322.
Defender Services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States for foreign
countries with which the United States has a treaty for the
[[Page 2483]]
execution of penal sentences; and the compensation of
attorneys * * *
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $67,000,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under section 5332 of title 5,
United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702); $127,000,000, to
be expended directly or transferred to the United States
Marshals Service which shall be responsible for administering
elements of the Judicial Security Program consistent with
standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1343(b), advertising and rent in
the District of Columbia and elsewhere, $49,450,000, of which
not to exceed $7,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which
$1,800,000 shall remain available through September 30, 1998,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,300,000, and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$8,490,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be
available for salaries and expenses of the Special Court
established under the Regional Rail Reorganization Act of
1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 304. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of
the Judicial Conference.
Sec. 305. Section 612(l) of title 28, United States Code,
shall be amended as follows: strike ``1997'', and insert in
lieu thereof ``1998''.
Sec. 306. None of the funds available to the Judiciary in
fiscal years 1996 and 1997 and hereafter shall be available
for expenses authorized pursuant to section 802(a) of title
VIII of section 101(a) of title I of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996, Public Law 104-
134, for costs related to the appointment of Special Masters
prior to April 26, 1996.
Sec. 307.
The United States courthouse at 310 West Sixth Street in
Medford, Oregon, shall be known and designated as the ``James
A. Redden Federal Courthouse''.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States
courthouse at 310 West Sixth Street in Medford, Oregon, shall
be deemed to be a reference to the ``James A. Redden Federal
Courthouse''.
This title may be cited as ``The Judiciary Appropriations
Act, 1997''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Authorities
Act of 1956, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of
Congress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c) and 22 U.S.C. 2674; and for expenses of general
administration; $1,700,450,000: Provided, That
notwithstanding section 140(a)(5), and the second sentence of
section 140(a)(3), of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), not to
exceed $150,000,000 of fees may be collected during fiscal
year 1997 under the authority of section 140(a)(1) of that
Act: Provided further, That all fees collected under the
preceding proviso shall be deposited in fiscal year 1997 as
an offsetting collection to appropriations made under this
heading to recover the costs of providing consular services
and shall remain available until expended: Provided further,
That in fiscal year 1998, a system shall be in place that
allocates to each department and agency the full cost of its
presence outside of the United States.
Of the funds provided under this heading, $24,856,000 shall
be available only for the Diplomatic Telecommunications
Service for operation of existing base services and not to
exceed $17,230,000 shall be available only for the
enhancement of the Diplomatic Telecommunications Service and
shall remain available until expended. Of the latter amount,
$2,500,000 shall not be made available until expiration of
the 15 day period beginning on the date when the Secretary of
State and the Director of the Diplomatic Telecommunications
Service submit the pilot program report required by section
507 of Public Law 103-317.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section 45 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2717); and in addition not to exceed $1,223,000 shall be
derived from fees collected from other executive agencies for
lease or use of facilities located at the International
Center in accordance with section 4 of the International
Center Act (Public Law 90-553), as amended, and in addition,
as authorized by section 5 of such Act $450,000, to be
derived from the reserve authorized by that section, to be
used for the purposes set out in that section; and in
addition not to exceed $15,000 which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State of
Department Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20
percent of the amounts made available in this Act in the
appropriation accounts ``Diplomatic and Consular Programs''
and ``Salaries and Expenses'' under the heading
``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
For an additional amount for counterterrorism requirements
overseas, including security guards and equipment,
$23,700,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b) (2) (D) (i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
salaries and expenses
For expenses necessary for the general administration of
the Department of State and Foreign Service, provided for by
law, including expenses authorized by section 9 of the Act of
August 31, 1964, as amended (31 U.S.C. 3721), and the State
Department Basic Authorities Act of 1956, as amended,
$352,300,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$24,600,000, to remain available until expended, as
authorized in Public Law 103-236: Provided, That section
135(e) of Public Law 103-236 shall not apply to funds
appropriated under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App.), $27,495,000,
notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980, as amended (Public Law 96-465), as it relates to
post inspections: Pro
[[Page 2484]]
vided, That notwithstanding any other provision of law, the
merger of the Office of Inspector General of the United
States Information Agency with the Office of Inspector
General of the Department of State provided for in the
Departments of Commerce, Justice, and State, the Judiciary
and Related Agencies Appropriations Act, 1996, contained in
Public Law 104-134, is effective hereafter.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C.
4085), $4,490,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services in accordance with the provisions of section 214 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $8,332,000, to remain available until
September 30, 1998.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and
the Diplomatic Security Construction Program as authorized by
title IV of the Omnibus Diplomatic Security and Anti
Terrorism Act of 1986 (22 U.S.C. 4851), $364,495,000, to
remain available until expended as authorized by section
24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)): Provided, That none of the funds
appropriated in this paragraph shall be available for
acquisition of furniture and furnishings and generators for
other departments and agencies.
For an additional amount for security improvements,
necessary relocation expenses, and security equipment for
United States diplomatic facilities and missions overseas,
$24,825,000, to remain available until expended: Provided,
That of this amount $9,400,000 is for security projects on
behalf of United States and Foreign Commercial Service
missions and $1,125,000 is for security projects on behalf of
United States Information Agency missions: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the amount not
previously designated by the President as an emergency
requirement shall be available only to the extent an official
budget request, for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement, as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service pursuant to the requirement of 31 U.S.C.
3526(e), $5,800,000, to remain available until expended as
authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(C)), of which not to
exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms
and conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by
section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out
the direct loan program, $663,000 which may be transferred to
and merged with the Salaries and Expenses account under
Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8 (93 Stat. 14), $14,490,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $126,491,000.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $892,000,000: Provided, That
any payment of arrearages shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That 20 percent of the funds appropriated in this
paragraph for the assessed contribution of the United States
to the United Nations shall be withheld from obligation and
expenditure until a certification is made under section
401(b) of Public Law 103-236 for fiscal year 1997: Provided
further, That certification under section 401(b) of Public
Law 103-236 for fiscal year 1997 may only be made if the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations of the House of Representatives are notified of the
steps taken, and anticipated, to meet the requirements of
section 401(b) of Public Law 103-236 at least 15 days in
advance of the proposed certification: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That of
the funds appropriated in this paragraph, $100,000,000 may be
made available only pursuant to a certification by the
Secretary of State by no later than January 30, 1997, that
the United Nations has taken no action during calendar year
1996 to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations to exceed
its no growth budget for the biennium 1996-1997 adopted in
December, 1995: Provided further, That if the Secretary of
State is unable to make the aforementioned certification, the
$100,000,000 is to be applied to paying the current year
assessment for other international organizations for which
the assessment has not been paid in full or to paying the
assessment due in the next fiscal year for such
organizations, subject to the reprogramming procedures
contained in Section 605 of this Act: Provided further, That
notwithstanding section 402 of this Act, not to exceed
$10,000,000 may be transferred from the funds made available
under this heading to the ``International Conferences and
Contingencies'' account for assessed contributions to new or
provisional international organizations or for travel
expenses of official delegates to international conferences:
Provided further, That any transfer pursuant to this
paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security $352,400,000, of which $50,000,000 is for payment of
arrearages accumulated in 1995, and which shall be available
only upon certification by the Secretary of State that at
least two of the following have been achieved: (1) savings of
at least $100,000,000 will be achieved in the biennial
expenses of the following United Nations divisions and
activities--the United Nations Conference on Trade and
Development, the Regional Economic Commissions, the
Department of Public Information, and the Department of
Conference Services, travel and overtime; (2) the number of
professional and general service staff employed by the United
Nations Secretariat at the conclusion of the 1996-1997
biennium will be at least ten percent below the number of
such positions on January 1, 1996; and (3) the United Nations
has adopted a budget outline for the 1998-1999 biennium that
is below $2,608,000,000; as part of a five-year program to
achieve major cost-saving reforms in the United Nations and
specialized agencies: Provided, That none of the funds made
available under this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission
unless, at least fifteen days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency, as far in advance as is
practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$15,490,000.
construction
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as author
[[Page 2485]]
ized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the international Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182; $5,490,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
international fisheries commissions
For necessary expenses for international fishers
commissions, not otherwise provided for, as authorized by
law, $145,549,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
Payment to the Asia Foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $8,000,000, to remain
available until expended, as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
Arms Control and Disarmament Activities
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities,
$41,500,000 of which not to exceed $50,000 shall be for
official reception and representation expenses as authorized
by the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
United States Information Agency
Salaries and Expenses
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized by
the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451 et seq.), the United States
Information and Educational Exchange Act of 1948, as amended
(22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to
carry out related activities authorized by law, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to
exceed $700,000 of this appropriation), as authorized by
section 801 of such Act of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the
United States, not to exceed $25,000 as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1474(3)); $440,000,000:
Provided, That not to exceed $1,400,000 may be used for
representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085): Provided further, That
not to exceed $7,615,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from or in connection with English
teaching, library, motion pictures, and publication programs
as authorized by section 810 of such Act of 1948 (22 U.S.C.
1475e and, notwithstanding any other law, fees from student
advising and counseling: Provided further; That not to exceed
$1,100,000 to remain available until expended may be used to
carry out projects involving security construction and
related improvements for agency facilities not physically
located together with Department of State facilities abroad.
For an additional amount for necessary expenses relating to
security, $1,375,000: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, a amended.
technology fund
For expenses necessary to enable the United States
Information Agency to provide for the procurement of
information technology improvements, as authorized by the
United States Information and Educational Exchange Act of
1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977
(91 Stat. 1636), $5,050,000, to remain available until
expended.
ecducational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$185,000,000, to remain available until expended as
authorized by section 105 of such Act of 1961 (22 U.S.C.
2455).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 1997, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform
Administrative Requirements) and A-122) (Cost Principles for
Non-profit Organizations), including the restrictions on
compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C.
2452), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 1997, to remain
available until expended.
international broadcasting operations
For expenses necessary to enable the United States
Information Agency, as authorized by the United States
Information and Educational Exchange Act of 1948, as amended,
the United States International Broadcasting Act of 1994, as
amended, and Reorganization Plan No. 2 of 1977, to carry out
international communication activities; $325,000,000, of
which not to exceed $16,000 may be used for official
receptions within the United States as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed
$35,000 may be used for representation abroad as authorized
by section 302 of such Act of 1948 (22 U.S.C. 1452) and
section 905 of the Foreign Service Act of 1980 (22 U.S.C.
4085), and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, not to exceed $250,000 from
fees as authorized by section 810 of such Act of 1948 (22
U.S.C. 1475e), to remain available until expended for
carrying out authorized purposes; and in addition,
notwithstanding any other provision of law, not to exceed
$1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States
Information Agency from or in connection with broadcasting
resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized
purposes.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to
Cuba Act, as amended, the Television Broadcasting to Cuba
Act, and the International Broadcasting Act of 1994,
including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and
reception, $25,000,000, to remain available until expended.
radio construction
For the purchase, rent construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1471), $35,490,000, to remain
available until expended, as authorized by section 704(a) of
such Act of 1948 (22 U.S.C. 1477b(a)).
east-west center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the
Center for Cultural and Technical Interchange Between East
and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the
Center for Cultural and Technical Interchange Between East
and West in the State of Hawaii, $10,000,000: Provided, that
none of the funds appropriated herein shall be used to pay
any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
North/South Center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the
North/South Center Act of 1991 (22 U.S.C. 2075), by grant to
an educational institution in Florida known as the North/
South Center, $1,495,000, to remain available until expended.
national endowment for democracy
For grants made by the United States Information Agency to
the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of 5 U.S.C.; for
services as authorized by 5 U.S.C. 3109; and hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
[[Page 2486]]
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds hereafter appropriated or otherwise made
available under this Act or any other Act may be expended for
compensation of the United States Commissioner of the
International Boundary Commission, United States and Canada,
only for actual hours worked by such Commissioner.
Sec. 404. Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States
Information and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, section 53 of the Arms Control and Disarmament
Act, and section 15 of the State Department Basic Authorities
Act of 1956.
Sec. 405. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title shall be absorbed within the total budgetary resources
available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts
as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 406. Starting sixty days after enactment of this Act,
none of the funds made available by this Act may be made
available to support the activities of the Standing
Consultative Commission (SCC) unless the President provides
to the Congress a report containing a detailed analysis of
whether the Memorandum of Understanding on Succession and the
Agreed Statement regarding Demarcation agreed to by the
Standing Consultative Commission on June 24, 1996, which was
reaffirmed by Secretary of State Warren Christopher and
Minister of Foreign Affairs Evgeny Primakov on September 23,
1996, represent substantive changes to the Anti-Ballistic
Missile Treaty of 1972 and whether these agreements will
require the advice and consent of the Senate of the United
States.
Sec. 407. Section 1 of the Act of June 4, 1920 (41 Stat.
750; 22 U.S.C. 214) is amended by--
(1) inserting before the period at the end of the first
sentence the following: ``; except that the Secretary of
State may by regulation authorize State officials or the
United States Postal Service to collect and retain the
execution fee for each application for a passport accepted by
such officials or by that Service''; and
(2) striking the second sentence.
This title may be cited as the ``Department of State and
Related Agencies Appropriations Act, 1997''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine
Act, 1936, as amended, $148,430,000, to remain available
until expended.
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $54,000,000, to remain available until
expended: Provided, That these funds will be available only
upon enactment of an authorization for this program.
operations and training
For necessary expenses of operations and training
activities authorized by law, $65,000,000: Provided, That
reimbursements may be made to this appropriation from
receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in
addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $37,450,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,450,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy
for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations, shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which otherwise
would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $206,000, as authorized by Public
Law 99-83,section 1303.
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $2,196,000, to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); non-monetary awards to private citizens; not
to exceed $27,500,000, for payments to State and local
enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employment
Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $239,740,000: Provided, That the
Commission is authorized to make available for official
reception and representation expenses not to exceed $2,500
from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $189,079,000, of which not to
exceed $300,000 shall remain available until September 30,
1998, for research and policy studies: Provided, That
$152,523,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 1997
so as to result in a final fiscal year 1997 appropriation
estimated at $36,556,000: Provided further, That any
offsetting collections received in excess of $152,523,000 in
fiscal year 1997 shall remain available until expended, but
shall not be available for obligation until October 1, 1997.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 App. U.S.C. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-02;
$14,000,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or al
[[Page 2487]]
lowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; and not to exceed $2,000 for official
reception and representation expenses; $85,930,000: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718, as amended:
Provided further, That notwithstanding any other provision of
law, not to exceed $58,905,000 of offsetting collections
derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18(a)) shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as
such offsetting collections are received during fiscal year
1997, so as to result in a final fiscal year 1997
appropriation from the General Fund estimated at not more
than $27,025,000, to remain available until expended:
Provided further, That any fees received in excess of
$58,905,000 in fiscal year 1997 shall remain available until
expended, but shall not be available for obligation until
October 1, 1997: Provided further, That none of the funds
made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section
151 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Gambling Impact Study Commission
salaries and expenses
For necessary expenses of the National Gambling Impact
Study Commission, $4,000,000 to remain available until
expended: Provided, That these funds will be available only
upon enactment of an authorization for this Commission.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $283,000,000, of which $274,400,000 is for basic
field programs and required independent audits; $1,500,000 is
for the Office of Inspector General, of which such amounts as
may be necessary may be used to conduct additional audits of
recipients; and $7,100,000 is for management and
administration.
administrative provisions--legal services corporation
Sec. 501. (a) Continuation of Competitive Selection
Process.--None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial
assistance to any person or entity except through a
competitive selection process conducted in accordance with
regulations promulgated by the Corporation in accordance with
the criteria set forth in subsections (c), (d), and (e) of
section 503 of Public Law 104-134 (110 Stat. 1321-52 et
seq.).
(b) Inapplicability of Noncompetitive Procedures.--For
purposes of the funding provided in this Act, rights under
sections 1007(a)(9) and 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j)
shall not apply.
Sec. 502. (A) Continuation of Requirements and
Restrictions.--None of the funds appropriated in this Act to
the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the
provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (110 Stat. 1321-51 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions as set forth in such
sections, except that all references in such sections to 1995
and 1996 shall be deemed to refer instead to 1996 and 1997,
respectively; and
(2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et
seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not apply;
(B) paragraph (3) of section 508(b) of Public Law 104-134
(110 Stat. 1321-58) shall apply with respect to the
requirements of subsection (a)(13) of such section 504,
except that all references in such section 508(b) to the date
of enactment shall be deemed to refer to April 26, 1996; and
(C) subsection (a)(11) of such section 504 shall not be
construed to prohibit a recipient from using funds derived
from a source other than the Corporation to provide related
legal assistance to--
(i) an alien who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a
member of the spouse's or parent's family residing in the
same household as the alien and the spouse or parent
consented or acquiesced to such battery or cruelty; or
(ii) an alien whose child has been battered or subjected to
extreme cruelty in the United States by a spouse or parent of
the alien (without the active participation of the alien in
the battery or extreme cruelty), or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, and the alien did not actively
participate in such battery or cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme cruelty''
has the meaning given such term under regulations issued
pursuant to subtitle G of the Violence Against Women Act of
1994 (Pub. L. 103-322; 108 Stat. 1953).
(2) The Term ``related legal assistance'' means legal
assistance directly related to the prevention of, or
obtaining of relief from, the battery or cruelty described in
such subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The
requirements of section 509 of Public Law 104-134 (110 Stat.
1321-58 et seq.), other than subsection (l) of such section,
shall apply during fiscal year 1997.
(b) Requirement of Annual Audit.--An annual audit of each
person or entity receiving financial assistance from the
Legal Services Corporation under this Act shall be conducted
during fiscal year 1997 in accordance with the requirements
referred to in subsection (a).
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,189,000.
National Bankruptcy Review Commission
salaries and expenses
For necessary expenses of the National Bankruptcy Review
Commission, as authorized by the Bankruptcy Reform Act of
1994, $494,000.
Ounce of Prevention Council
For activities authorized by sections 30101 and 30102 of
Public Law 103-322 (including administrative costs),
$1,500,000, to remain available until expended, for the Ounce
of Prevention Grant Program: Provided, That the Council may
accept and use gifts and donations, both real and personal,
for the purpose of aiding or facilitating the authorized
activities of the Council, of which not to exceed $5,000 may
be used for official reception and representation expenses.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$260,400,000, of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff
to exchange views concerning developments relating to
securities matters, development and implementation of
cooperation agreements concerning securities matters and
provision of technical assistance for the development of
foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including (1)
such incidental expenses as meals taken in the course of such
attendance, (2) any travel and transportation to or from such
meetings, and (3) any other related lodging or subsistance:
Provided, That immediately upon enactment of this Act, the
rate of fees under section 6(b) of the Securities Act of 1933
(15 U.S.C. 77f(b)) shall increase from one-fiftieth of one
percentum to one-thirty-third of one percentum, and such
increase shall be deposited as an offsetting collection to
this appropriation, to remain available until expended, to
recover costs of services of the securities registration
process: Provided further, That effective January 1, 1997,
every national securities association shall pay to the
Commission a fee at a rate of one-three-hundredth of one
percentum of the aggregate dollar amount of sales transacted
by or through any member of such association otherwise than
on a national securities exchange (other than bonds,
debentures, and other evidences of indebtedness) subject to
prompt last sale reporting pursuant to the rules of the
Commission or a registered national securities association,
excluding any sales for which fee is paid under section 31 of
the Securities Exchange Act of 1934 (15 U.S.C. 78ee), and
such increase shall be deposited as an offsetting collection
to this appropriation, to remain available until expended, to
recover the costs to the Government of the supervision and
regulation of securities markets and securities
professionals: Provided further, That the fee due from every
national securities association shall be paid on or before
September 30, 1997, with respect to transactions and sales
occurring during the period beginning on January 1, 1997, and
ending at the close of August 31, 1997: Provided further,
That the total amount appropriated for fiscal year 1997 under
this heading shall be reduced as all such offsetting fees are
deposited to this appropriation so as to result in a final
total fiscal year 1997 appropriation from the General Fund
estimated at not more than $37,778,000: Provided further,
That any such fees collected in excess of $222,622,000 shall
remain available until expended but shall not be available
for obligation until October 1, 1997.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administra
[[Page 2488]]
tion as authorized by Public Law 103-403, including hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $223,547,000, of which $1,000,000
shall only be available for obligation and expenditure for
projects jointly developed, implemented and administered with
the Minority Business Development Agency of the Department of
Commerce: Provided, That the Administration is authorized to
charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan servicing
activities: Provided further, That notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be
credited to this account, to be available for carrying out
these purposes without further appropriations: Provided
further, That $75,500,000 shall be available to fund grants
for performance in fiscal year 1997 or fiscal year 1998 as
authorized by section 21 of the Small Business Act, as
amended. In addition, for expenses not otherwise provided
for, of the Small Business Administration, $11,500,000, of
which: $3,000,000 shall be available for a grant to continue
the WVHTC Foundation outreach program to assist small
business development; $7,000,000 shall be available for a
grant to the Center for Rural Development in Somerset,
Kentucky, for small business and rural technology development
assistance; $1,000,000 shall be available for a grant to
Indiana State University for the renovation and equipping of
a training facility, to assist in creating small business and
economic development opportunities; and $500,000 shall be
available for a continuation grant to the Center for
Entrepreneurial Opportunity in Greensburg, Pennsylvania, to
provide for small business consulting and assistance.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended (5 U.S.C. App. 1-11, as amended by Public
Law 100-504), $9,000,000.
business loans program account
For the cost of direct loans, $1,691,000, and for the cost
of guaranteed loans, $182,017,000, authorized by 15 U.S.C.
631 note, of which $2,317,000, to be available until
expended, shall be for the Microloan Guarantee Program, and
of which $40,510,000 shall remain available until September
30, 1998: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided Further, That
during fiscal year 1997, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized
under section 20(n)(2)(b) of the Small Business Act, as
amended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $94,000,000, which may
be transferred to and merged with the appropriation for
Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $105,432,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan program, $86,500,000, including not to exceed
$500,000 for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program, and said sums may be
transferred to and merged with appropriations for Salaries
and Expenses and Office of Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $3,730,000, to remain available without
fiscal year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 504. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of fund under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572 (106 Stat. 4515-4516)),
$6,000,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official
reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1997, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions,
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 1997, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Committees of
both Houses of Congress are notified fifteen days in advance
of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for (1) opening or operating any United
States diplomatic or consular post in the Socialist Republic
of Vietnam that was not operating on July 11, 1995; (2)
expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was operating on July
11, 1995; or (3) increasing the total number of personnel
assigned to United States diplomatic or consular posts in the
Socialist Republic of Vietnam above the levels existing on
July 11, 1995, unless the President certifies within 60 days,
based upon all information available to the United States
Government that the Government of the Socialist Republic of
Vietnam is cooperating in full faith with the United States
in the following four areas:
[[Page 2489]]
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of POW/MIA's.
(4) Providing further assistance in implementing trilateral
investigations with Laos.
Sec. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds (1) that the United Nations undertaking is
a peacekeeping mission, (2) that such undertaking will
involve United States Armed Forces under the command or
operational control of a foreign national, and (3) that the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal
comforts in the Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use of possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA)
under the heading ``Fleet Modernization, Shipbuilding and
Conversion'' may be used to implement sections 603, 604, and
605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that
takes fully into account opportunities for contracting for
fisheries surveys.
Sec. 613. Any costs incurred by a Department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such Department or Agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 614. None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or
make available any commercially published information or
material to a prisoner when it is made known to the Federal
official having authority to obligate or expend such funds
that such information or material is sexually explicit or
features nudity.
Sec. 615. Of the funds appropriated in this Act under the
heading ``OFFICE OF JUSTICE PROGRAMS--state and local law
enforcement assistance'' and ``Community Oriented Policing
Services Program'', not more than ninety percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant and part Q of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 shall be made
available to such an entity when it is made known to the
Federal official having authority to obligate or expend such
funds that the entity that employs a public safety officer
(as such term is defined in section 1204 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968) does not
provide such a public safety officer who retires or is
separated from service due to injury suffered as the direct
and proximate result of a personal injury sustained in the
line of duty while responding to an emergency situation or a
hot pursuit (as such terms are defined by State law) with the
same or better level of health insurance benefits that are
paid by the entity at the time of retirement or separation.
SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELATING TO A
MEDICAL PRACTITIONER'S PERFORMANCE OF A MEDICAL
ACTIVITY.
Section 287 of title 35, United States Code, is amended by
adding at the end the following new subsection:
(c)(1) With respect to a medical practitioner's
performance, of a medical activity that constitutes an
infringement under section 271 (a) or (b) of this title, the
provisions of sections 281, 283, 284, and 285 of this title
shall not apply against the medical practitioner or against a
related health care entity with respect to such medical
activity.
(2) For the purposes of this subsection:
(A) the term ``medical activity'' means the performance of
a medical or surgical procedure on a body, but shall not
include (i) the use of a patented machine, manufacture, or
composition of matter in violation of such patent, (ii) the
practice of a patented use of a composition of matter in
violation of such patent, or (iii) the practice of a process
in violation of a biotechnology patent.
(B) the term ``medical parctioner'' means any natural
person who is licensed by a State to provide the medical
activity described in subsection (c)(1) or who is acting
under the direction of such person in the performance of the
medical activity.
(C) the term ``related health care entity'' shall mean an
entity with which a medical practitioner has a professional
affiliation under which the medical practitioner performs the
medical activity, including but not limited to nursing home,
hospital, university, medical school, health maintenance
organization, group medical practice, or a medical clinic.
(D) the term ``professional affiliation'' shall mean staff
privileges, medical staff membership, employment or
contractual relationship, partnership or ownership interest,
academic appointment, or other affiliation under which a
medical practitioner provides the medical activity on behalf
of, or in association with, the health care entity.
(E) the term ``body'' shall mean a human body, organ or
cadaver, or a nonhuman animal used in medical research or
instruction directly relating to the treatment of humans.
(F) the term ``patented use of a composition of matter''
does not include a claim for a method of performing a medical
or surgical procedure on a body that recites the use of a
composition of matter where the use of that composition of
matter does not directly contribute to achievement of the
objective of the claimed method.
(G) the term ``State'' shall mean any state or territory of
the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(3) This subsection does not apply to the activities of any
person, or employee or agent of such person (regardless of
whether such person is a tax exempt organization under
section 501(c) of the Internal Revenue Code), who is engaged
in the commercial development, manufacture, sale,
importation, or distribution of a machine, manufacture, or
composition of matter or the provision of pharmacy or
clinical laboratory services (other than clinical laboratory
services provided in a physician's office), where such
activities are:
(A) directly related to the commercial development,
manufacture, sale, importation, or distribution of a machine,
manufacture, or composition of matter or the provision of
pharmacy or clinical laboratory services (other than clinical
laboratory services provided in a physician's office), and
(B) regulated under the Federal Food, Drug, and Cosmetic
Act, the Public Health Service Act, or the Clinical
Laboratories Improvement Act.
(4) This subsection shall not apply to any patent issued
before the date of enactment of this subsection.
Sec. 617. Effective with the enactment of this Act and to
any fiscal year hereafter, section 8 of Public Law 96-132 is
hereby repealed.
Sec. 618. (a) In General.--The Secretary may issue a
guarantee or a commitment to guarantee obligations under
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271 et seq.), upon such terms as the Secretary may
prescribe, to assist in the reactivation and modernization of
any shipyard in the United States that is closed on the date
of the enactment of this Act, if the Secretary finds that--
(1) the closed shipyard historically built military vessels
and responsible entities now seek to reopen it as an
internationally competitive commercial shipyard;
(2)(A) the closed shipyard has been designated by the
President as a public-private partnership project; or
(B) has a reuse plan approved by the Navy in which
commercial shipbuilding and repair are primary activities and
has a revolving economic conversion fund approved by the
Department of Defense; and
(3) the State in which the shipyard is located, and each
other involved State, or a State-chartered agency, is making
a significant financial investment in the overall cost of
reactivation and modernization as its contribution to the
reactivation and modernization project, in addition to the
funds required by subsection (d)(2) of this section.
(b) Waivers.--Notwithstanding any other provision of title
XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.), the Secretary shall not apply the requirements of
section 1104A(d) of that Act when issuing a guarantee or a
commitment to guarantee an obligation under this section.
(c) Conditions.--The Secretary shall impose such conditions
on the issuance of a guarantee or a commitment to guarantee
under this section as are necessary to protect the interests
of the United States from the risk of a default. The
Secretary shall consider the interdependency of such shipyard
modernization and reactivation projects and related vessel
loan guarantee requests pending under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.)
before issuing a guarantee of a commitment to guarantee under
this section.
(d) Funding Provisions.--
(1) The Secretary may not guarantee or commit to guarantee
obligations under this section that exceed $50,000,000 in the
aggregate.
(2) The amount of appropriated funds required by the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in
advance of the Secretary's issuance of a guarantee or a
commitment to guarantee under this section shall be provided
by the State in which the shipyard is located, and other
involved States, or by a State-chartered agency, and
deposited by the Secretary in the financing account
established under the Federal Credit
[[Page 2490]]
Reform Act of 1990 (2 U.S.C. 661a et seq.) for loan
guarantees issued by the Secretary under title XI of the
Merchant Marine Act of 1936 (46 App. U.S.C. 1271 et seq.). No
federally appropriated funds shall be available for this
purpose. The funds deposited into that financing account
shall be held and applied by the Secretary in accordance with
the provisions of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a et seq.), except that, unless the Secretary shall
have earlier paid an obligee or been required to pay an
obligee pursuant to the terms of a loan guarantee, the funds
deposited in that financing account shall be returned, upon
the expiration of the Secretary's loan guarantee, to the
State, States, or State-chartered agency which originally
provided the funds to the Secretary.
(3) Notwithstanding the provisions of any other law or
regulation, the cost (as that term is defined by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a
guarantee or commitment to guarantee issued under this
section--
(A) may only be determined with reference to the merits of
the specific closed shipyard reactivation project which is
the subject of that guarantee or commitment to guarantee,
without reference to any other project, type of project, or
averaged risk; and
(B) may not be used in determining the cost of any other
project, type of project, or averaged risk applicable to
guarantees or commitments to guarantee issued under title XI
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et
seq.).
(e) Sunset.--No commitment to guarantee obligations under
this section shall be issued by the Secretary after one year
after the date of enactment of this section.
(f) Definition.--As used in this section, the term
``Secretary'' means the Secretary of Transportation.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
October 31, 1996, $30,000,000 are rescinded.
Immigration and Naturalization Service
immigration emergency fund
(rescission)
Of the unobligated balances available under this heading
$34,779,000 are rescinded.
TITLE VIII--FISCAL YEAR 1996 SUPPLEMENTAL AND RESCISSION
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
In addition to funds made available under this heading,
$40,000,000, which shall remain available until September 30,
1997: Provided, That these funds shall be available upon
enactment of this Act: Provided further, That these funds
shall only be available if enacted by September 30, 1996.
(rescission)
Of the unobligated balances made available under this
heading until September 30, 1996, $40,000,000 are rescinded:
Provided, That these funds shall only be available for
rescission if enacted by September 30, 1996.
TITLE IX--SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development
Assistance Programs'' for emergency infrastructure expenses
resulting from Hurricane Fran and Hurricane Hortense and
other natural disasters, $25,000,000, to remain available
until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
Small Business Administration
disaster loans program account
For an additional amount for ``Disaster Loans Program
Account'' for emergency expenses resulting from Hurricanes
Fran and Hortense and other disasters, $113,000,000 for the
cost of direct loans, to remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974; and for administrative
expenses to carry out the disaster loan program, $22,000,000,
to remain available until expended, which may be transferred
to and merged with ``Salaries and Expenses'': Provided
further, That both amounts are hereby designated by Congress
as emergency requirements pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1997''.
(b) For programs, projects or activities in the Department
of Defense Appropriations Act, 1997, provided as follows, to
be effective as if it had been enacted into law as the
regular appropriations Act:
AN ACT Making appropriations for the Department of Defense
for the fiscal year ending September 30, 1997, and for other
purposes
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund; $20,633,998,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), and to the Department of Defense Military
Retirement Fund; $16,986,976,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund;
$6,111,728,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund; $17,069,490,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and for members of the Reserve Officers'
Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund;
$2,073,479,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund; $1,405,606,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund; $388,643,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while un
[[Page 2491]]
dergoing reserve training, or while performing drills or
equivalent duty or other duty, and for members of the Air
Reserve Officers' Training Corps, and expenses authorized by
section 16131 of title 10, United States Code; and for
payment to the Department of Defense Military Retirement
Fund; $783,697,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund; $3,266,393,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund; $1,296,490,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $11,437,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes; $17,519,340,000 and, in addition,
$50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That during the
current fiscal year and hereafter, funds appropriated under
this paragraph may be made available to the Department of the
Interior to support the Memorial Day and Fourth of July
ceremonies and activities in the National Capital Region:
Provided further, That of the funds appropriated in this
paragraph, not less than $300,000,000 shall be made available
only for conventional ammunition care and maintenance.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $3,995,000, can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes; $20,061,961,000
and, in addition, $50,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law; $2,254,119,000.
Operation and Maintenance, Air Force
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $8,362,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes; $17,263,193,000 and, in addition,
$50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund.
Operation and Maintenance, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law; $10,044,200,000, of which not to exceed
$25,000,000 may be available for the CINC initiative fund
account; and of which not to exceed $28,500,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for
confidential military purposes: Provided, That of the funds
appropriated under this heading, $20,000,000 shall be made
available only for use in federally owned education
facilities located on military installations for the purpose
of transferring title of such facilities to the local
education agency: Provided further, That of the funds
appropriated under this heading, $1,000,000 is available, by
grant or other transfer, to the Harnett County School Board,
Lillington, North Carolina, for use by the school board for
the education of dependents of members of the Armed Forces
and employees of the Department of Defense located at Fort
Bragg and Pope Air Force Base, North Carolina.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications;
$1,119,436,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications;
$886,027,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications; $109,667,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications; $1,496,553,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with national Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft); $2,254,477,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard,
including medical and hospital treatment and related expenses
in non-Federal hospitals, maintenance, operation, repair, and
other necessary expenses of facilities for the training and
administration of the Air National Guard, including repair of
facilities, maintenance, operation, and modification of
aircraft; transportation of things, hire of passenger motor
vehicles; supplies, materials, and equipment, as authorized
by law for the Air National Guard; and expenses incident to
the maintenance and use of supplies, materials, and
equipment, including such as may be furnished from stocks
under the control of agencies of the Department of Defense;
travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief,
National Guard Bureau; $2,716,379,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency
Operations by United States military forces; $1,140,157,000:
Provided, That the Secretary of Defense may transfer these
funds only to operation and maintenance accounts within this
title: Provided further, That the funds transferred shall be
merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any other
transfer authority contained elsewhere in this Act.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces; $6,797,000, of which
not to exceed $2,500 can be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $339,109,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of haz
[[Page 2492]]
ardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That not more than twenty-five percent of
funds provided under this heading may be obligated for
environmental remediation by the Corps of Engineers under
total environmental remediation contracts.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $287,788,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $394,010,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required by environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of the Defense $36,722,000, to remain
available until transferred: Provided, that the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $256,387,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Overseas Humanitarian, Disaster, and Civil Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 2547, and 2551 of title 10, United States Code);
$49,000,000, to remain available until September 30, 1998.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise;
$327,900,000, to remain available until expended.
Quality of Life Enhancements, Defense
For expenses, not otherwise provided for, resulting from
unfunded shortfalls in the repair and maintenance of real
property of the Department of Defense (including military
housing and barracks); $600,000,000, for the maintenance of
real property of the Department of Defense (including minor
construction and major maintenance and repair), which shall
remain available for obligation until September 30, 1998, as
follows:
Army, $149,000,000;
Navy, $108,000,000;
Marine Corps, $45,000,000;
Air Force, $108,000,000;
Army Reserve, $18,000,000;
Navy Reserve, $18,000,000;
Marine Corps Reserve, $9,000,000;
Air Force Reserve, $15,000,000;
Army National Guard, $86,000,000; and
Air National Guard, $44,000,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
thereof; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefore, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the following purposes;
$1,348,434,000, to remain available for obligation until
September 30, 1999.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes;
$1,041,867,000, to remain available for obligation until
September 30, 1999.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes; $1,470,286,000, to remain available for
obligation until September 30, 1999: Provided, That of the
funds appropriated in this paragraph and notwithstanding the
provisions of title 31, United States Code, Section 1502(a),
not to exceed $33,100,000 may be obligated for future year
V903 diesel engine requirements to maintain the industrial
base.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized by
section 2854, title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes;
$1,127,149,000, to remain available for obligation until
September 30, 1999.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of not to exceed 14 passenger
motor vehicles for replacement only; communications and
electronic equipment; other support equipment; spare parts,
ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment lay
[[Page 2493]]
away; and other expenses necessary for the foregoing
purposes; $3,172,485,000, to remain available for obligation
until September 30, 1999: Provided, That of the funds
appropriated in this paragraph and notwithstanding the
provisions of title 31, United States Code, Section 1502(a),
not to exceed $2,400,000 may be obligated for future year
V903 diesel engine requirements to maintain the industrial
base.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; $7,027,010,000, to remain available
for obligation until September 30, 1999.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools, in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
$1,389,913,000, to remain available for obligation until
September 30, 1999: Provided, That in addition to the
foregoing purposes, the funds appropriated above under this
heading shall be available to liquidate reported deficiencies
in appropriations provided under this heading in prior
Department of Defense appropriations acts, to the extent such
deficiencies cannot otherwise be liquidated pursuant to 31
U.S.C. 1553(b).
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized by
section 2854, title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes;
$289,695,000, to remain available for obligation until
September 30, 1999.
Shipbuiliding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long leadtime
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
For continuation of the SSN-21 attack submarine program,
$649,071,000;
NSSN-1 (A), $296,186,000;
NSSN-2 (A), $501,000,000;
CVN Refuelings, $237,029,000;
DDG-51 destroyer program, $3,609,072,000;
Oceanographic ship program, $54,400,000;
Oceanographic ship SWATH, $45,000,000;
LCAC landing craft air cushion program (AP-CY), $3,000,000;
and
For craft, outfitting, post delivery, conversions, and
first destination transportation, $218,907,000;
in all: $5,613,665,000, to remain available for obligation
until September 30, 2201: Provided, That additional
obligations may be incurred after September 30, 2001, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
herein provided for the construction or conversion of any
naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds herein provided shall be used
for the construction of any naval vessel in foreign
shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
$3,067,944,000, to remain available for obligation until
September 30, 1999.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of not to exceed 88 passenger
motor vehicles for replacement only; and expansion of public
and private plants, including land necessary therefor, and
such lands and interests therein, may be acquired and
construction prosecuted thereon prior to approval of title;
$569,073,000, to remain available for obligation until
September 30, 1999.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and constractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things;
$6,404,980,000, to remain available for obligation until
September 30, 1999.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things;
$2,297,145,000, to remain available for obligation until
September 30, 1999.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized by
section 2854, title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and constractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes; $293,153,000,
to remain available for obligation until September 30, 1999.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of not to exceed 506 passenger motor
vehicles for replacement only; the purchase of 1 vehicle
required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to
exceed $287,000 per vehicle; and expansion of public and
private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; $5,944,680,000, to remain available for obligation
until September 30, 1999.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of not to exceed 389 passenger
motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; $1,978,005,000, to remain
available for obligation until September 30, 1999.
National Guard and Reserve Equipment
For procurement of aircraft missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement
for the reserve components of the Armed Forces; $780,000,000,
to remain available for obligation until September 30, 1999:
Provided, That the Chiefs of the Reserve and National Guard
component shall, not later than 30 days after
[[Page 2494]]
the enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard
component.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
research, development, test and evaluation, army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment; $5,062,763,000 to remain available
for obligation until September 30, 1998.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment; $8,208,946,000, to remain available
for obligation until September 30, 1998: Provided, That funds
appropriated in this paragraph which are available for the V-
22 may be used to meet unique requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment; $14,499,606,000, to remain
available for obligation until September 30, 1998: Provided,
That not less than $1,000,000 of the funds appropriated in
this paragraph shall be made available only to assess the
budgetary, cost, technical, operational, training, and safety
issues associated with a decision to eliminate development of
the F-22B two-seat training variant of the F-22 advanced
tactical fighter: Provided further, That the assessment
required by the preceding proviso shall be submitted, in
classified and unclassified versions, by the Secretary of the
Air Force to the congressional defense committees not later
than February 15, 1997: Provided further, That of the funds
made available in this paragraph, $10,000,000 shall be only
for development of reusable launch vehicle technologies.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment; $9,362,800,000, to
remain available for obligation until September 30, 1998:
Provided, That not less than $304,171,000 of the funds
appropriate in this paragraph shall be made available only
for the Sea-Based Wide Area Defense (Navy Upper-Tier)
program.
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent
activities of the Director, Test and Evaluation in the
direction and supervision of developmental test and
evaluation, including performance and joint developmental
testing and evaluation; and administrative expenses in
connection therewith; $282,038,000, to remain available for
obligation until September 30, 1998.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith; $24,968,000, to remain available for obligation
until September 30, 1998.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
Defense Business Operations Fund
For the Defense Business Operations Fund; $947,900,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744); $1,428,002,000, to
remain available until expended: Provided, That none of the
funds provided in this paragraph shall be used to award a new
contract that provides for the acquisition of any of the
following major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all ship-board services; propulsion
system components (that is; engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option in a
contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the
military department responsible for such procurement may
waive these restrictions on a case-by-case basis by
certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for
national security purposes.
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as
authorized by law; $10,207,308,000, of which $9,937,838,000
shall be for Operation and maintenance, of which not to
exceed three percent shall remain available until September
30, 1998; and of which $269,470,000, to remain available for
obligation until September 30, 1999, shall be for
Procurement: Provided, That of the funds appropriated under
this heading, $14,500,000 shall be made available for
obtaining emergency communications services for members of
the Armed Forces and their families from the American
National Red Cross: Provided further, That notwithstanding
any other provision of law, of the funds provided under this
heading, the Secretary of Defense is directed to use and
obligate, within thirty days of enactment of this Act, not
less than $3,400,000 only to permit private sector or non-
Federal physicians who have used and will use the
antibacterial treatment method based upon the excretion of
dead and decaying spherical bacteria to work in conjunction
with the Walter Reed Army Medical Center on a treatment
protocol and related studies for Desert Storm Syndrome
affected veterans.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $758,447,000, of which $478,947,000 shall
be for Operation and maintenance, $191,200,000 shall be for
Procurement to remain available until September 30, 1999, and
$88,300,000 shall be for Research, development, test and
evaluation to remain available until September 30, 1998:
Provided, That of the funds made available under this
heading, $1,000,000 shall be available until expended only
for a Johnston Atoll off-island leave program: Provided
further, That notwithstanding any other provision of law, the
Secretaries concerned may, pursuant to uniform regulations
prescribe travel and transportation allowances for travel by
participants in the off-island leave program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for Operation and
maintenance; for Procurement; and for Research, development,
test and evaluation; $807,800,000: Provided, That the funds
appropriated by this paragraph shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in
addition to any transfer authority contained elsewhere in
this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended; $139,157,000, of which
$137,157,000 shall be for Operation and maintenance, of which
not to exceed $500,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on his certificate of necessity for confidential military
purposes; and of which $2,000,000, to remain available until
September 30, 1999, shall be for Procurement.
TITLE VII--RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level
for continuing the operation of the Central Intelligence
Agency Retirement and Disability System; $196,400,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account; $129,146,000: Provided, That of the funds
appropriated under this hearing, $27,000,000 shall be
transferred to the Department of Justice for the National
Drug Intelligence Center to support the Department of
Defense's counterdrug monitoring and detection
responsibilities.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law;
$10,000,000, to remain available until expended.
[[Page 2495]]
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183,
$5,100,000, to be derived from the National Security
Education Trust Fund, to remain available until expended.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last two
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $2,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations by reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds and the ``Foreign Currency Fluctuations, Defense'' and
``Operation and Maintenance'' appropriation accounts in such
amounts as may be determined by the Secretary of Defense,
with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the
proposed transfer. Except in amounts equal to the amounts
appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
Sec. 8008. None of the funds contained in this Act
available for the Civilian Health and Medical Program of the
Uniformed Services shall be available for payments to
physicians and other non-institutional health care providers
in excess of the amounts allowed in fiscal year 1996 for
similar services, except that: (a) for services for which the
Secretary of Defense determines an increase is justified by
economic circumstances, the allowable amounts may be
increased in accordance with appropriate economic index data
similar to that used pursuant to title XVIII of the Social
Security Act; and (b) for services the Secretary determines
are overpriced based on allowable payments under title XVIII
of the Social Security Act, the allowable amounts shall be
reduced by not more than 15 percent (except that the
reduction may be waived if the Secretary determines that it
would impair adequate access to health care services for
beneficiaries). The Secretary shall solicit public comment
prior to promulgating regulations to implement this section.
Such regulations shall include a limitation, similar to that
used under title XVIII of the Social Security Act, on the
extent to which a provider may bill a beneficiary on actual
charge in excess of the allowable amount.
Sec. 8009. None of the funds provided in this Act shall be
available to initiate (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000, or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
thirty days in advance of the proposed contract award:
Provided, That no part of any appropriation contained in this
Act shall be available to initiate a multiyear contract for
which the economic order quantity advance procurement is not
funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained
in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if
the value of the multiyear contract would exceed $500,000,000
unless specifically provided in this Act: Provided further,
That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement: Provided further, That notwithstanding Section
8010 of Public Law 104-61, funds appropriated for the DDG-15
destroyer program in Public Law 104-61 may be used to
initiate a multiyear contract for the Raleigh Burke class
destroyer program.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Javelin missiles;
Army Tactical Missile System (ATACMS);
MK19-3 grenade machine guns:
M16A2 rifles:
M249 Squad Automatic Weapons;
M4 carbine rifles;
M240B machine guns; and
Arleigh Burke (DDG-15) class destroyers.
Sec. 8010. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
to Congress on September 30 of each year: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a
determination by the Secretary of the Army that such action
is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical
services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients
from American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8011. (a) During fiscal year 1997, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 1998 budget request for the department
of Defense as well as all justification material and other
documentation supporting the fiscal year 1998 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 1998.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8012. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the fifty United
States, its territories, and the District of Columbia,
125,000 civilian workyears: Provided, That workyears shall be
applied as defined in the Federal Personnel Manual: Provided
further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in
this workyear limitation.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
[[Page 2496]]
Sec. 8014. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of
Defense Education Benefits Fund pursuant to section 2006(g)
of title 10, United States Code, representing the normal cost
for future benefits under section 3015(c) of title 38, United
States Code, for any member of the armed services who, on or
after the date of enactment of this Act--
(1) enlists in the armed services for a period of active
duty of less than three years; or
(2) receives an enlistment bonus under section 308a or 308f
of title 37, United States Code,
nor shall any amounts representing the normal cost of such
future benefits be transferred from the Fund by the Secretary
of the Treasury to the Secretary of Veterans Affairs pursuant
to section 2006(d) of title 10, United States Code; nor shall
the Secretary of Veterans Affairs pay such benefits to any
such member: Provided, That in the case of a member covered
by clause (1), these limitations shall not apply to members
in combat arms skills or to members who enlist in the armed
services on or after July 1, 1989, under a program continued
or established by the Secretary of Defense in fiscal year
1991 to test the cost-effective use of special recruiting
incentives involving not more than nineteen noncombat arms
skills approved in advance by the Secretary of Defense:
Provided further, That this subsection applies only to active
components of the Army.
(b) None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this subsection shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this
subsection applies only to active components of the Army.
Sec. 8015. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after
the date of enactment of this Act, is performed by more than
ten Department of Defense civilian employees until a most
efficient and cost-effective organization analysis is
completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That
this section shall not apply to a commercial or industrial
type function of the Department of Defense that: (1) is
included on the procurement list established pursuant to
section 2 of the Act of June 25, 1938 (41 U.S.C. 47),
popularly referred to as the Javits-Wagner-O'Day Act; (2) is
planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in
accordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 percent Native
American ownership.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8017. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section manufactured will include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8018. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) shall be available for the
reimbursement of any health care provider for inpatient
mental health service for care received when a patient is
referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care
professional having an economic interest in the facility to
which the patient is referred: Provided, That this limitation
does not apply in the case of inpatient mental health
services provided under the program for the handicapped under
subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursuant
to a waiver authorized by the Secretary of Defense because of
medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal
employee after a review, pursuant to rules prescribed by the
Secretary, which takes into account the appropriate level of
care for the patient, the intensity of services required by
the patient, and the availability of that care.
Sec. 8019. Funds available in this Act may be used to
provide transportation for the next-of-kin of individuals who
have been prisoners of war or missing in action from the
Vietnam era to an annual meeting in the United States, under
such regulations as the Secretary of Defense may prescribe.
Sec. 8020. Notwithstanding any other provision of law,
during the current fiscal year, the Secretary of Defense may,
be Executive Agreement, establish with host nation
governments in NATO member states a separate account into
which such residual value amounts negotiated in the return of
United States military installations in NATO member states
may be deposited, in the currency of the host nation, in lieu
of direct monetary transfers to the United States Treasury:
Provided, That such credits may be utilized only for the
construction of facilities to support United States military
forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through
monetary transfers to such host nations: Provided further,
That the Department of Defense's budget submission for fiscal
year 1998 shall identify such sums anticipated in residual
value settlements, and identify such construction, real
property maintenance or base operating costs that shall be
funded by the host nation through such credits: Provided
further, That all military construction projects to be
executed from such accounts must be previously approved in a
prior Act of Congress: Provided further, That each such
Executive Agreement with a NATO member host nation shall be
reported to the congressional defense committees, the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate thirty days prior to the conclusion and endorsement of
any such agreement established under this provision.
Sec. 8021. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols.
Sec. 8022. Notwithstanding any other provision of law, none
of the funds appropriated by this Act shall be available to
pay more than 50 percent of an amount paid to any person
under section 308 of title 37, United States Code, in a lump
sum.
Sec. 8023. None of the funds appropriated by this Act shall
be available for payments under the Department of Defense
contract with the Louisiana State University Medical Center
involving the use of cats for Brain Missile Wound Research,
and the Department of Defense shall not make payments under
such contract from funds obligated prior to the date of the
enactment of this Act, except as necessary for costs incurred
by the contractor prior to the enactment of this Act:
Provided, That funds necessary for the care of animals
covered by this contract are allowed.
Sec. 8024. Of the funds made available by this Act in title
III, Procurement, $8,000,000, drawn pro rata from each
appropriations account in title III, shall be available for
incentive payments authorized by section 504 of the Indian
Financing Act of 1974, 25 U.S.C. 1544. These payments shall
be available only to contractors which have submitted
subcontracting plans pursuant to 15 U.S.C. 637(d), and
according to regulations which shall be promulgated by the
Secretary of Defense within 90 days of the passage of this
Act.
Sec. 8025. None of the funds provided in this Act or any
other Act shall be available to conduct bone trauma research
at any Army Research Laboratory until the Secretary of the
Army certifies that the synthetic compound to be used in the
experiments is of such a type that its use will result in a
significant medical finding, the research has military
application, the research will be conducted in accordance
with the standards set by an animal care and use committee,
and the research does not duplicate research already
conducted by a manufacturer or any other research
organization.
Sec. 8026. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
procure or acquire (1) defensive handguns unless such
handguns are the M9 or M11 9mm Department of Defense standard
handguns, or (2) offensive handguns except for the Special
Operations Forces: Provided, That the foregoing shall not
apply to handguns and ammunition for marksmanship
competitions.
Sec. 8027. No more than $500,000 of the funds appropriated
or made available in this Act shall be used for any single
relocation of an organization, unit, activity or function of
the Department of Defense into or within the National Capital
Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Congressional defense committees that such a
relocation is required in the best interest of the
Government.
[[Page 2497]]
Sec. 8028. During the current fiscal year, funds
appropriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of
Columbia may be used for the pay, allowances, and benefits of
an employee as defined by section 2105 of title 5 or an
individual employed by the government of the District of
Columbia, permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 261 of title 10, or the National
Guard, as described in section 101 of title 32;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities
in the protection or saving of life or property or prevention
of injury--
(A) Federal service under sections 331, 332, 333, or 12406
of title 10, or other provision of law, as applicable, or
(B) full-time military service for his or her State, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard to
the provisions of sections 5519 and 6323(b) of title 5, if
such employee is otherwise entitled to such annual leave:
Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2) of
this section is entitled to such leave, subject to the
provisions of this section and of the last sentence of
section 6323(b) of title 5, and such leave shall be
considered leave under section 6323(b) of title 5.
Sec. 8029. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of twenty-four months after initiation of
such study with respect to a single function activity or
forty-eight months after initiation of such study for a
multi-function activity.
Sec. 8030. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national
or international political or psychological activities.
Sec. 8031. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8032. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act.
Sec. 8033. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit
agencies for the blind or other severely handicapped shall be
afforded the afforded the maximum practicable opportunity to
participate as subcontractors and supplies in the performance
of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by small
business concerns pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) shall be given credit toward
meeting that subcontracting goal for any purchases made from
qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely
handicapped'' means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Committee
for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
Sec. 8034. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant to
section 1095 of title 10, United States Code, shall be made
available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility's direct budget amount.
Sec. 8035. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes of specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8036. Of the funds made available in this Act, not
less than $23,626,000 shall be available for the Civil Air
Patrol, of which $19,926,000 shall be available for Operation
and maintenance.
Sec. 8037. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other non-profit entities.
(b) Limitation on Compensation.--No member of a Board of
Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a
defense FFRDC, and no paid consultant to any defense FFRDC,
may be compensated for his or her services as a member of
such entity, or as a paid consultant, except under the same
conditions, and to the same extent, as members of the Defense
Science Board: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal
Joint Travel Regulations, when engaged in the performance of
membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 1997 may be used by a defense FFRDC, through a
fee or other payment mechanism, for charitable contributions,
for construction of new buildings, for payment of cost
sharing for projects funded by government grants, or for
absorption of contract overruns.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 1997,
not more than 5,975 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,088 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) Notwithstanding any other provision of law, the
Secretary of Defense shall control the total number of staff
years to be performed by defense FFRDCs during fiscal year
1997 so as to reduce the total amounts appropriated in titles
II, III, and IV of this Act by $52,286,000: Provided, That
the total amounts appropriated in titles II, III, and IV of
this Act are hereby reduced by $52,286,000 to reflect savings
from the use of defense FFRDCs by the department.
(f) Within 60 days after enactment of this Act, the
Secretary of Defense shall submit to the Congressional
defense committees a report presenting the specific amounts
of staff years of technical effort to be allocated by the
department for each defense FFRDC during fiscal year 1997:
Provided, That, after the submission of the report required
by this subsection, the department may not reallocate more
than five percent of an FFRDC's staff years among other
defense FFRDCs until 30 days after a detailed justification
for any such reallocation is submitted to the Congressional
defense committees.
(g) The Secretary of Defense shall, with the submission of
the department's fiscal year 1998 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year.
(h) The total amounts appropriated to or for the use of the
department in titles II, III, and IV of this Act are hereby
further reduced by $102,286,000 to reflect savings from the
decreased use of non-FFRDC consulting services by the
department.
(i) No part of the reductions contained in subsections (e)
and (h) of this section may be applied against any budget
activity, activity group, subactivity group, line item,
program element, program, project, subproject or activity
which does not fund defense FFRDC activities or non-FFRDC
consulting services within each appropriation account.
(j) Not later than 90 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report listing the specific funding
reductions allocated to each category listed in subsection
(i) above pursuant to this section.
Sec. 8038. None of the funds in this or any other Act shall
be available for the preparation of studies on--
(a) the feasibility of removal and transportation of
unitary chemical weapons or agents from the eight chemical
storage sites within the continental United States to
Johnston Atoll: Provided, That this prohibition shall not
apply to General Accounting Office studies requested by a
Member of Congress or a Congressional Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile
chemical munitions and as limited by section 1412(c)(2),
Public Law 99-145: Provided, That this prohibition does not
apply to future use studies for the CAMDS facility at Tooele,
Utah.
Sec. 8039. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of enactment of this Act.
Sec. 8040. For the purposes of this Act, the term
``congressional defense committees'' means the National
Security Committee of the House of Representatives, the Armed
Services Committee of the Senate, the subcommittee on Defense
of the Committee on
[[Page 2498]]
Appropriations of the Senate, and the subcommittee on
National Security of the Committee on Appropriations of the
House of Representatives.
Sec. 8041. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8042. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 1997. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8043. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result
of energy cost savings realized by the Department of Defense
shall remain available for obligation for the next fiscal
year to the extent, and for the purposes, provided in section
2865 of title 10, United States Code.
Sec. 8044. During the current fiscal year and hereafter,
voluntary separation incentives payable under 10 U.S.C. 1175
may be paid in such amounts as are necessary from the assets
of the Voluntary Separation Incentive Fund established by
section 1175(h)(1).
(including transfer of funds)
Sec. 8045. Amounts deposited during the current fiscal year
to the special account established under 40 U.S.C. 485(h)(2)
and to the special account established under 10 U.S.C.
2667(d)(1) are appropriated and shall be available until
transferred by the Secretary of Defense to current applicable
appropriations or funds of the Department of Defense under
the terms and conditions specified by 40 U.S.C. 485(h)(2) (A)
and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to
be available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8046. During the current fiscal year, appropriations
available to the Department of Defense may be used to
reimburse a member of a reserve component of the Armed Forces
who is not otherwise entitled to travel and transportation
allowances and who occupies transient government housing
while performing active duty for training or inactive duty
training: Provided, That such members may be provided lodging
in kind if transient government quarters are unavailable as
if the member was entitled to such allowances under
subsection (a) of section 404 of title 37, United States
Code: Provided further, That if lodging in kind is provided,
any authorized service charge or cost of such lodging may be
paid directly from funds appropriated for operation and
maintenance of the reserve component of the member concerned.
Sec. 8047. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify
clearly and separately the amounts requested in the budget
for appropriation for that fiscal year for salaries and
expenses related to administrative activities of the
Department of Defense, the military departments, and the
Defense Agencies.
Sec. 8048. Notwithstanding any other provision of law,
funds available for ``Drug Interdiction and Counter-Drug
Activities, Defense'' may be obligated for the Young Marines
program.
Sec. 8049. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8050. During the current fiscal year and hereafter,
annual payments granted under the provisions of section 4416
of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2714) shall be made from
appropriations in this Act which are available for the pay of
reserve component personnel.
Sec. 8051. Of the funds appropriated or otherwise made
available by this Act, not more than $119,200,000 shall be
available for payment of the operating costs of NATO
Headquarters: Provided, That the Secretary of Defense may
waive this section for Department of Defense support provided
to NATO forces in and around the former Yugoslavia.
Sec. 8052. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$100,000.
Sec. 8053. During the current fiscal year and hereafter,
appropriations available for the pay and allowances of active
duty members of the Armed Forces shall be available to pay
the retired pay which is payable pursuant to section 4403 of
Public Law 102-484 (10 U.S.C. 1293 note) under the terms and
conditions provided in section 4403.
Sec. 8054. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business
Operations Fund shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Defense
Business Operations Fund if such an item would not have been
chargeable to the Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment
item would be chargeable during the current fiscal year to
appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 1998 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 1998 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 1998 procurement appropriation and not in the
supply management business area or any other area or category
of the Defense Business Operations Fund.
Sec. 8055. None of the funds provided in this Act shall be
available for use by a Military Department to modify an
aircraft, weapon, ship or other item of equipment, that the
Military Department concerned plans to retire or otherwise
dispose of within five years after completion of the
modification: Provided, That this prohibition shall not apply
to safety modifications: Provided further, That this
prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best
national security interest of the United States to provide
such waiver and so notifies the congressional defense
committees in writing.
Sec. 8056. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 1998.
Sec. 8057. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8058. (a) Notwithstanding any other provision of law,
funds appropriated in this Act for the High Performance
Computing Modernization Program shall be made available only
for the acquisition, modernization and sustainment of
supercomputing capability and capacity at Department of
Defense (DoD) science and technology sites under the
cognizance of the Director of Defense Research and
Engineering and DoD test and evaluation facilities under the
Director of Test and Evaluation, OUSD (A&T): Provided, That
these funds shall be awarded based on user-defined
requirements.
(b) Of the funds appropriated in this Act under the heading
``Procurement, Defense-Wide'', $124,735,000 shall be made
available for the High Performance Computing Modernization
Program. Of the total funds made available for the program
pursuant to this subsection, $20,000,000 shall be for the
Army High Performance Computing Research Center.
Sec. 8059. Of the funds appropriated by the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $8,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation, on Indian lands resulting
from Department of Defense activities.
Sec. 8060. Amounts collected for the use of the facilities
of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to
section 1459(g) of the Department of Defense Authorization
Act, 1986, and deposited to the special account established
under subsection
[[Page 2499]]
1459(g)(2) of that Act are appropriated and shall be
available until expended for the operation and maintenance of
the Center as provided for in subsection 1459(g)(2).
Sec. 8061. None of the funds appropriated in this Act may
be used to fill the commander's position at any military
medical facility with a health care professional unless the
prospective candidate can demonstrate professional
administrative skills.
Sec. 8062. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with Bay
American Act. For purposes of this subsection, the term ``Bay
American Act'' means title III of the Act entitled ``An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8063. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposal work,
or
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source, or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8064. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).
Sec. 8065. Notwithstanding section 142 of H.R. 3230, the
National Defense Authorization Act for Fiscal Year 1997, as
passed by the Senate on September 10, 1996, of the funds
provided in title VI of this Act, under the heading
``Chemical Agents and Munitions Destruction, Defense'',
$40,000,000 shall only be available for the conduct of a
pilot program to identify and demonstrate not less than two
alternatives to the baseline incineration process for the
demilitarization of assembled chemical munitions: Provided,
That the Under Secretary of Defense for Acquisition and
Technology shall, not later than December 1, 1996, designate
a program manager who is not, nor has been, in direct or
immediate control of the baseline reverse assembly
incineration demilitarization program to carry out the pilot
program: Provided further, That the Under Secretary of
Defense for Acquisition and Technology shall evaluate the
effectiveness of each alternative chemical munitions
demilitarization technology identified and demonstrated under
the pilot program to demilitarize munitions and assembled
chemical munitions while meeting all applicable Federal and
State environmental and safety requirements: Provided
further, That the Under Secretary of Defense for Acquisition
and Technology shall transmit, by December 15 of each year, a
report to the congressional defense committees on the
activities carried out under the pilot program during the
preceding fiscal year in which the report is to be made:
Provided further, That section 142(f)(3) of H.R. 3230, the
National Defense Authorization Act for Fiscal Year 1997, as
passed by the Senate on September 10, 1996, is repealed:
Provided further, That no funds may be obligated for the
construction of a baseline incineration facility at the
Lexington Blue Grass Army Depot or the Pueblo Depot activity
until 180 days after the Secretary of Defense has submitted
to the congressional defense committees a report detailing
the effectiveness of each alternative chemical munitions
demilitarization technology identified and demonstrated under
the pilot program and its ability to meet the applicable
safety and environmental requirements: Provided further, That
none of the funds in this or any other Act may be obligated
for the preparation of studies, assessments, or planning of
the removal and transportation of stockpile assembled unitary
chemical weapons or neutralized chemical agent to any of the
eight chemical weapons storage sites within the continental
United States.
Sec. 8066. (a) None of the funds made available by this Act
may be obligated for design, development, acquisition, or
operation of more than 47 Titan IV expendable launch
vehicles, or for satellite mission-model planning for a Titan
IV requirement beyond 47 vehicles.
(b) $59,600,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be
obligated for development of a new family of medium-lift and
heavy-lift expendable launch vehicles evolved from existing
technologies.
Sec. 8067. None of the funds available to the Department of
Defense in this Act may be used to establish additional field
operating agencies of any element of the Department during
fiscal year 1997, except for field operating agencies funded
within the National Foreign Intelligence Program: Provided,
That the Secretary of Defense may waive this section by
certifying to the House and Senate Committees on
Appropriations that the creation of such field operating
agencies will reduce either the personnel and/or financial
requirements of the Department of Defense.
Sec. 8068. Notwithstanding section 303 of Public Law 96-487
or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for
commercial, industrial or other purposes.
Sec. 8069. Notwithstanding any other provision of law, for
resident classes entering the war colleges after September
30, 1997, the Department of Defense shall require that not
less than 20 percent of the total of United States military
student at each war college shall be from military
departments other than the hosting military department:
Provided, That each military department will recognize the
attendance at a sister military department war college as the
equivalent of attendance at its own war college for promotion
and advancement of personnel.
(rescissions)
Sec. 8070. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following accounts in the specified amounts:
``Procurement of Ammunition, Army, 1995/1997'', $4,500,000;
``Aircraft Procurement, Navy, 1995/1997'', $8,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1995/
1997'', $2,000,000;
``Other Procurement, Navy, 1995/1997'', $10,000,000;
``Aircraft Procurement, Air Force, 1995/1997'', $3,100,000;
``Missile Procurement, Air Force, 1995/1997'', $31,900,000;
``Aircraft Procurement, Navy, 1996/1998'', $5,400,000;
``Procurement of Ammunition, Navy, and Marine Corps, 1996/
1998'', $12,708,000;
``Aircraft Procurement, Air Force, 1996/1998'', $9,000,000;
``Missile Procurement, Air Force, 1996/1998'', $20,000,000;
``Other Procurement, Air Force, 1996/1998'', $26,000,000;
``Research, Development, Test and Evaluation, Navy 1996/
1997'', $4,500,000.
Sec. 8071. None of the funds provided in this Act may be
obligated for payment on new contracts on which allowable
costs charged to the government include payments for
individual compensation at a rate in excess of $250,000 per
year.
Sec. 8072. Of the funds appropriated in the Department of
Defense Appropriations Act, 1996 (Public Law 104-61), under
the hearing ``Other Procurement, Army'', the Department of
the Army shall grant $477,000 to the Kansas Unified School
District 207 for the purpose of integrating schools at Fort
Leavenworth into the existing fiber optic network on post.
Sec. 8073. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8074. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of North Korea
unless specifically appropriated for that purpose.
Sec. 8075. During the current fiscal year, funds
appropriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a plan
submitted by a Governor of a State and approved by the
Secretary of Defense under section 112 of title 32, United
States Code: Provided, That during the performance of such
duty, the members of the National Guard shall be under State
command and control: Provide further, That such duty shall be
treated as full-time National Guard duty for purposes of
section 12602 (a)(2) and (b)(2) of title 10, United States
Code.
Sec. 8076. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Unified and
Specified Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for
[[Page 2500]]
the National Guard and Reserve when members of the National
Guard and Reserve provide intelligence support to Unified
Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the
General Defense Intelligence Program and the Consolidated
Cryptologic Program: Provided, That nothing in this section
authorizes deviation from established Reserve and National
Guard personnel and training procedures.
Sec. 8077. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1996
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8078. All refunds or other amounts collected in the
administration of the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) shall be credited to current
year appropriations.
(including transfer of funds)
Sec. 8079. None of the funds appropriated in this Act may
be transferred to or obligated from the Pentagon Reservation
Maintenance Revolving Fund, unless the Secretary of Defense
certifies that the total cost for the planning, design,
construction and installation of equipment for the renovation
of the Pentagon Reservation will not exceed $1,118,000,000.
Sec. 8080. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
(transfer of funds)
Sec. 8081. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for
increasing energy and water efficiency in Federal buildings
may, during their period of availability, be transferred to
other appropriations or funds of the Department of Defense
for projects related to increasing energy and water
efficiency, to be merged with and to be available for the
same general purposes, and for the same time period, as the
appropriation or fund to which transferred.
Sec. 8082. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.
Sec. 8083. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa:
Provided, That notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
Sec. 8084. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8085. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to
participate in any manufacturing extension program financed
by funds appropriated in this or any other Act.
Sec. 8086. None of the funds appropriated by this Act shall
be available to lease or charter a vessel in excess of
seventeen months (inclusive of any option periods) to
transport fuel or oil for the Department of Defense if the
vessel was constructed after October 1, 1995 unless the
Secretary of Defense requires that the vessel be constructed
in the United States with a double hull under the long-term
lease or charter authority provided in section 2401 note of
title 10, United States Code: Provided, That this limitation
shall not apply to contracts in force on the date of
enactment of this Act: Provided further, That by 1997 at
least 20 percent of annual leases and charters must be for
ships of double hull design constructed after October 1, 1995
if available in numbers sufficient to satisfy this
requirement: Provided further, That the Military Sealift
Command shall plan to achieve the goal of eliminating single
hull ship leases by the year 2015.
(transfer of funds)
Sec. 8087. In addition to amounts appropriated or otherwise
made available by this Act, $300,000,000 is hereby
appropriated to the Department of Defense and shall be
available only for transfer to the United States Coast Guard.
Sec. 8088. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced
by $150,000,000 to reflect savings from reduced carryover of
activities funded through the Defense Business Operations
Fund, to be distributed as follows: ``Operation and
Maintenance, Army'', $60,000,000; and ``Operation and
Maintenance, Navy'', $90,000,000.
Sec. 8089. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the
current fiscal year for construction or service performed in
whole or in part in a State which is not contiguous with
another State and has an unemployment rate in excess of the
national average rate of unemployment as determined by the
Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such
State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the
interest of national security.
Sec. 8090. During the current fiscal year, the Army shall
use the former George Air Force Base as the airhead for the
National Training Center at Fort Irwin: Provided, That none
of the funds in this Act shall be obligated or expended to
transport Army personnel into Edwards Air Force Base for
training rotations at the National Training Center.
Sec. 8091. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense
committees, the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Relations of the Senate setting forth all costs (including
incremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including
any such resolution calling for international sanctions,
international peacekeeping operations, and humanitarian
missions undertaken by the Department of Defense. The
quarterly report shall include an aggregate of all such
Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly
reports all efforts made to seek credit against past United
Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred by
the Department of Defense in implementing and supporting
United Nations activities.
Sec. 8092 (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) Covered Activities.--(1) This section applies to--
(A) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(B) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8093. To the extent authorized by subchapter VI of
Chapter 148 of title 10, United States Code, the Secretary of
Defense shall issue loan guarantees in support of U.S.
defense exports not otherwise provided for: Provided, That
the total contingent liability of the United States for
guarantees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each
guarantee, shall be paid by the country involved and shall
not be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations, Armed
Services and Foreign Relations of the Senate and the
Committees on Appropriations, Na
[[Page 2501]]
tional Security and International Relations in the House of
Representatives on the implementation of this program:
Provided further, That amounts charged for administrative
fees and deposited to the special account provided for under
section 2540c(d) of title 10, shall be available for paying
the costs of administrative expenses of the Department of
Defense that are attributable to the loan guarantee program
under subchapter VI of Chapter 148 of title 10.
Sec. 8094. None of the funds available to the Department of
Defense shall be obligated or expended to make a financial
contribution to the United Nations for the cost of an United
Nations peacekeeping activity (whether pursuant to assessment
or a voluntary contribution) or for payment of any United
States arrearage to the United Nations.
Sec. 8095. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8096. The amount otherwise provided by this Act for
``Operation and Maintenance, Air Force'' is hereby reduced by
$194,500,000, to reflect a reduction in the pass-through to
the Air Force business areas of the Defense Business
Operations Fund.
Sec. 8097. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or
provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to
any obsolete World War II chemical munition or agent of the
United States found in the World War II Pacific Theater of
Operations.
(c) The President may suspend the application of subsection
(a) during a period of war in which the United States is a
party.
Sec. 8098. None of the funds provided in title II of this
Act for ``Former Soviet Union Threat Reduction'' may be
obligated or expended to finance housing for any individual
who was a member of the military forces of the Soviet Union
or for any individual who is or was a member of the military
forces of the Russian Federation.
Sec. 8099. During the current fiscal year, no more than
$15,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8100. Beginning in fiscal year 1997 and thereafter,
and notwithstanding any other provision of law, fixed and
mobile telecommunications support shall be provided by the
White House Communications Agency (WHCA) to the United States
Secret Service (USSS), without reimbursement, in connection
with the Secret Service's duties directly related to the
protection of the President or the Vice President or other
officer immediately next in order of succession to the office
of the President at the White House Security Complex in the
Washington, D.C. Metropolitan Area and Camp David, Maryland.
For these purposes, the White House Security Complex includes
the White House, the White House grounds, the Old Executive
Office Building, the New Executive Office Building, the Blair
House, the Treasury Building, and the Vice President's
Residence at the Naval Observatory.
Sec. 8101. None of the funds provided in this Act may be
obligated or expended for the sale of zinc in the National
Defense Stockpile if zinc commodity prices decline more than
five percent below the London Metals Exchange market price
reported on the date of enactment of this Act.
Sec. 8102. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior year, and the one percent
limitation shall apply to the total amount of the
appropriation.
Sec. 8103. During the current fiscal year, and
notwithstanding 31 U.S.C. 1552(a), not more than $107,000,000
appropriated under the heading ``Aircraft Procurement, Air
Force'' in Public Law 101-511 and not more than $15,000,000
appropriated under the heading ``Aircraft Procurement, Air
Force'' in Public Law 102-172 which were available and
obligated for the B-2 Aircraft Program shall remain available
for expenditure and for adjusting obligations for such
Program until September 30, 2002.
Sec. 8104. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to one percent of the total
appropriation for that account.
(transfer of funds)
Sec. 8105. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds:
Provided, That the amounts transferred shall be available for
the same purposes as the appropriations to which transferred,
and for the same time period as the appropriation from which
transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the
amount specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
CG-47 cruiser program, $4,300,000;
For craft, outfitting, and post delivery, $2,000,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
DDG-51 destroyer program, $6,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
LHD-1 amphibious assault ship program, $2,154,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
For craft, outfitting and post delivery, $2,154,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
T-AO fleet oiler program, $1,095,000;
Oceanographic ship program, $735,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'';
For craft, outfitting, and post delivery, $1,830,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
T-AO fleet oiler program, $6,571,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'';
SSN-21 attack submarine program, $6,571,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
DDG-51 destroyer program, $12,687,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'';
LHD-1 amphibious assault ship program, $9,387,000;
MHC coastal mine hunter program, $3,300,000
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
For escalation, $1,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'';
MHC coastal mine hunter program, $1,600,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $5,000,000;
LSD-41 cargo variant ship program, $2,700,000;
For craft, outfitting, post delivery, and first destination
transportation, and inflation adjustment, $1,577,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'';
AOE combat support ship program, $9,277,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $18,023,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'';
MHC coastal mine hunter program, $6,7000,000;
AOE combat support ship program, $11,323,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $4,1000,000;
Mine warfare command and control ship, $1,000,000;
For craft, outfitting, post delivery, and first destination
transportation, $2,000,000;
[[Page 2502]]
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $9,477,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
NSSN-1 (AP), $3,791,000;
DDG-51 destroyer program, $4,075,000;
CVN Refuelings, $5,212,000;
LHD-1 amphibious ship program, $16,800,000;
T-AGS-64 multi-purpose oceanographic survey ship, $375,000;
For craft, outfitting, post delivery, conversions and first
destination transportation, $11,770,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
DDG-51 destroyer program, $41,800,000; and
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
For craft, outfitting, post delivery, conversions and first
destination transportation, $16,800,000.
Sec. 8106. (a) The Secretary of Defense shall require not
later than June 30, 1997, each disbursement by the Department
of Defense in an amount in excess of $3,000,000 be matched to
a particular obligation before the disbursement is made.
(b) The Secretary shall ensure that a disbursement in
excess of the threshold amount applicable under section (a)
is not divided into multiple disbursements of less than that
amount for the purpose of avoiding the applicability of such
section to that disbursement.
Sec. 8107. Notwithstanding any other provision of law, the
Air Force shall not introduce any new supplier for the
remaining production units for the AN/ALE-47 Countermeasures
Dispenser System without conducting a full and open
competition that will include, but not be limited to, small
businesses.
Sec. 8108. The Under Secretary of Defense (Comptroller)
shall submit to the congressional defense committees a
detailed report identifying, by amount and by separate budget
activity, activity group, subactivity group, line item,
program element, program, project, subproject, and activity,
any activity for which the fiscal year 1998 budget request
was reduced because Congress appropriated funds above the
President's budget request for that specific activity for
fiscal year 1997.
Sec. 8109. In applying section 9005 of the Department of
Defense Appropriations Act, 1993, Public Law 102-396 (10
U.S.C. 2241 note), during the current fiscal year and
thereafter--
(1) the term ``synthetic fabric and coated synthetic
fabric'' shall be deemed to include all textile fibers and
yarns that are for use in such fabrics; and
(2) such section shall be treated, notwithstanding section
34 of Public Law 93-400 (41 U.S.C. 430), as being applicable
to contracts and subcontracts for the procurement of
commercial items that are articles or items, specialty
metals, or tools covered by that section 9005.
Sec. 8110. Notwithstanding any other provision of law,
including Section 2304(j) of title 10, United States Code, of
the funds appropriated under the heading ``Aircraft
Procurement, Navy'' in Public Law 104-61, $45,000,000 shall
be made available only for acquisition of T-39N aircraft,
associated ground-based training system (GBTS), service life
extension related components and parts, associated equipment,
and data that meet the Undergraduate Flight Officer (UNFO)
training requirements by procurement of the T-39N aircraft
currently being used by the Navy for UNFO training under a
services contract.
Sec. 8111. Trade-off Study of Current and Future Deep-
Strike Capabilities.--
(1) The Secretary of Defense shall carry out the deep-
strike tradeoff study announced by the President to study
tradeoffs between bombers, land and sea-based tactical
aircraft, and missiles capable of striking targets in an
enemy's rear area.
(2) The Secretary of Defense shall establish an ad hoc
review committee under the auspices of the Defense Science
Board to establish the methodological approach to the
tradeoff study, to establish a broad range of stressing
scenarios of interest, and to review assumptions regarding
the analysis to be conducted.
(3) The ad hoc review committee to be established under
paragraph (2) shall include among its members analysts who
have performed or participated in bomber tradeoff analysis,
retired military personnel with broad experience in recent
conventional warfare operations, and experts on the logistics
of both initial deployment and sustaining support. These
members shall be selected without regard for current service
on the Defense Science Board.
(4) After submitting its recommendations for the conduct of
the deep-strike tradeoff study to the Secretary of Defense
the ad hoc review committee shall continue to meet regularly
to review preliminary results of the analysis and to
recommend additional variations in assumptions that may be
required to illuminate particular force tradeoff issues.
Sec. 8112. Notwithstanding 31 U.S.C. 1552(a), of the funds
provided in Department of Defense Appropriations Acts, not
more than the specific amounts of funds from the following
accounts shall remain available for the payment of satellite
on-orbit incentive fees until the fees are paid:
``Missile Procurement, Air Force, 1990/1992'', $17,800,000;
``Missile Procurement, Air Force, 1991/1993'', $19,330,000;
``Missile Procurement, Air Force, 1992/1994'', $23,570,000;
``Missile Procurement, Air Force, 1993/1995'', $16,780,000;
``Missile Procurement, Air Force, 1994/1996'', $16,780,000;
Sec. 8113. Tactical Aircraft Requirement Study.--The
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall carry out a joint study under the direct
supervision of the Joint Requirements Oversight Council
(JROC) assessing future tactical aircraft requirement across
service jurisdictions. This study shall determine the best
and most affordable mix of weapon systems to carry out
different mission areas and shall include recommendations for
changes to the planned numbers and types of tactical aircraft
to be developed and procured over the next ten years if
appropriate. Such report shall be submitted to the
congressional defense committees no later than March 30,
1997.
Sec. 8114. None of the funds available to the Department of
the Navy may be used to enter into any contract for the
overhaul, repair, or maintenance of any naval vessel
homeported on the West Coast of the United States which
includes charges for interport differential as an evaluation
factor for award.
Sec. 8115. (a) None of the funds available to the
Department of Defense under this Act may be obligated or
expended to reimburse a defense contractor for restructuring
costs associated with a business combination of the defense
contractor that occurs after the date of enactment of this
Act unless:
(10 the audible savings for the Department of Defense
resulting from the restructuring will exceed the costs
allowed by a factor of at least two to one, or
(2) the savings for the Department of Defense resulting
from the restructuring will exceed the costs allowed and the
Secretary of Defense determines that the business combination
will result in the preservation of a critical capability that
might otherwise be lost to the Department, and
(3) the report required by Section 818(c) of Public Law
103-337 to be submitted to Congress in 1996 is submitted.
(b) Not later than April 1, 1997, the Comptroller General
shall, in consultation with the Inspector General of the
Department of Defense, the Secretary of Defense, and the
Secretary of Labor, submit to Congress a report which shall
include the following:
(1) an analysis and breakdown of the restructuring costs
paid by or submitted to the Department of Defense to
companies involved in business combinations since 1993;
(2) an analysis of the specific costs associated with
workforce reductions;
(3) an analysis of the services provided to the workers
affected by business combinations;
(4) an analysis of the effectiveness of the restructuring
costs used to assist laid off workers in gaining employment;
(5) in accordance with section 818 of Public Law 103-337,
an analysis of the savings reached from the business
combination relative to the restructuring costs paid by the
Department of Defense.
(c) The report should set forth recommendations to make
this program more effective for workers affected by business
combinations and more efficient in terms of the use of
Federal dollars.
Sec. 8116. Notwithstanding any other provision of law, none
of the funds appropriated in this Act may be used to
purchase, install, replace, or otherwise repair any lock on a
safe or security container which protects information
critical to national security or any other classified
materials and which has not been certified as passing the
security lock specifications contained in regulation FF-L-
2740 dated October 12, 1989, and has not passed all testing
criteria and procedures established through February 28,
1992: Provided, That the Director of Central Intelligence may
waive this provision, on a case-by-case basis only, upon
certification that the above cited locks are not adequate for
the protection of sensitive intelligence information.
Sec. 8117. Section 8110 of Public Law 104-61 (109 Stat.
674) is hereby repealed.
Sec. 8118. The Secretary of Defense, in conjunction with
the Secretary of Labor, shall take such steps as required to
ensure that those Department of Defense contractors and other
entities subject to section 4212(d) of title 38, United
States Code are aware of, and in compliance with, the
requirements of that section regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans: Provided, That the Secretary of Defense
shall ensure that those Department of Defense contractors and
other entities subject to section 4212(d) of title 38, United
States Code which have contracts with the Department of
Defense are notified of the potential penalties associated
with failure to comply with these annual reporting
requirements (including potential suspension or debarment
from federal contracting): Provided further, That within 180
days of enactment of this Act the Secretary of Labor and the
Secretary of Defense shall submit a report to Congress
which--
(1) using the most recent reporting data, details the
number of reports received from Department of Defense
contractors and the estimated number of Department of Defense
contractors which are not in compliance with these annual
reporting requirements;
[[Page 2503]]
(2) describes the steps taken by the Departments of Labor
and Defense in order to ensure compliance with section
4212(d) of title 38, United States Code;
(3) describes any additional measures taken or planned to
be taken by the Departments of Labor and Defense to improve
compliance with section 4212(d) of title 38, United States
Code pursuant to this section; and
(4) any further recommendations regarding additional action
(including changes in existing law) which may be necessary to
improve compliance with section 4212(d) of title 38, United
States Code.
Sec. 8119. Funds appropriated in title II of this Act for
supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable order
is accepted by the performing activity: Provided, That for
the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8120. (a) Limitation on Advance Billing.--During
fiscal year 1997, advance billing for services provided or
work performed by the Defense Business Operations Fund
activities of the Department of the Navy in excess of
$1,000,000,000 is prohibited.
(b) Revised Rates; Additional Surcharges.--In conjunction
with the Under Secretary of Defense (Comptroller), the
Secretary of the Navy shall develop a plan to revise fiscal
year 1997 customer rates or establish additional surcharges
so as to increase revenues to the Defense Business Operations
Fund by at least an additional $500,000,000 in executing
orders accepted during fiscal year 1997.
(c) Transfer Authority.--To the extent necessary to comply
with any rate increase or new surcharge on rates in fiscal
year 1997 established under subsection (b), the Secretary of
the Navy shall transfer at least $500,000,000, from funds
made available under subsection (d), into customer accounts
of the Navy used to reimburse the Defense Business Operations
Fund so as to provide customers with sufficient resources to
pay the increased customer rates and additional surcharges.
The transfer authority provided by this subsection is in
addition to other transfer authority provided in this Act.
The funds transferred shall be merged with and available for
the same purposes, and for the same time period, as the
appropriation to which transferred.
(d) Source of Funds.--To provide funds for transfer under
subsection (c), the amounts appropriated elsewhere in this
Act for the following appropriation accounts are reduced by
2.0 percent: Aircraft Procurement, Navy; Weapons Procurement,
Navy; Procurement of Ammunition, Navy and Marine Corps;
Shipbuilding and Conversion, Navy; Other Procurement, Navy;
and Research, Development, Test and Evaluation, Navy. These
reductions shall be applied on a pro-rata basis to each line
item, program element, program, project, subproject, and
activity within each appropriation account.
Sec. 8121. The Secretary of Defense may waive reimbursement
of the cost of conferences, seminars, courses of instruction,
or similar educational activities of the Asia-Pacific Center
for Security Studies for military officers and civilian
officials of foreign nations if the Secretary determines that
attendance by such personnel, without reimbursement, is in
the national security interest of the United States:
Provided, That costs for which reimbursement is waived
pursuant to this subsection shall be paid from appropriations
available for the Asia-Pacific Center.
Sec. 8122. (a) Of the amounts appropriated or otherwise
made available by this Act for the Department of the Air
Force, $2,000,000 shall be available only for a facility at
Lackland Air Force Base, Texas to provide comprehensive care
and rehabilitation services to children with disabilities who
are dependents of members of the Armed Forces.
(b) Subject to subsection (c), the Secretary of the Air
Force shall grant the funds made available under subsection
(a) to the Children's Association for Maximum Potential
(CAMP) for use by the association to defray the costs of
designing and constructing the facility referred to in
subsection (a).
(c)(1) The Secretary may not make a grant of funds under
subsection (b) until the Secretary and the association enter
into an agreement under which the Secretary leases to the
association the facility to be constructed using the funds.
(2) The term of the lease under subsection (c)(1) may not
be less than 25 years.
(3) The Secretary may require such additional terms and
conditions in connection with the lease as the Secretary
considers appropriate to protect the interests of the United
States.
Sec. 8123. None of the funds appropriated by this Act may
be obligated or expended--
(1) to reduce the number of units of special operations
forces of the Army National Guard during fiscal year 1997;
(2) to reduce the authorized strength of any such unit
below the strength authorized for the unit as of September
30, 1996; or
(3) to apply any administratively imposed limitation on the
assigned strength of any such unit at less than the strength
authorized for that unit as of September 30, 1996.
Sec. 8124. (a) The Secretary of the Army shall ensure that
solicitations for contracts for unrestricted procurement to
be entered into using funds appropriated for the Army by this
Act include, where appropriate, specific goals for
subcontracts with small businesses, small disadvantaged
businesses, and women owned small businesses.
(b) The Secretary shall ensure that any subcontract entered
into pursuant to a solicitation referred to in subsection (a)
that meets a specific goal referred to in that subsection is
credited toward the overall goal of the Army for subcontracts
with the businesses referred to in that subsection.
Sec. 8125. (a) The Secretary of the Air Force and the
Director of the Office of Personnel Management shall submit a
joint report describing in detail the benefits, allowances,
services, and any other forms of assistance which may or
shall be provided to any civilian employee of the Federal
Government or to any private citizen, or to the family of
such an individual, who is injured or killed while traveling
on an aircraft owned, leased, chartered, or operated by the
Government of the United States.
(b) The report required by subsection (a) above shall be
submitted to the congressional defense committees and to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform and Oversight of the House of
Representatives not later than December 15, 1996.
Sec. 8126. (a) Not later than March 1, 1997, the Deputy
Secretary of Defense shall submit to the congressional
defense committees a report on Department of Defense
procurements of propellant raw materials.
(b) The report shall include the following:
(1) The projected future requirements of the Department of
Defense for propellant raw materials, such as nitrocellulose.
(2) The capacity, ability, and production cost rates of the
national technology and industrial base, including
Government-owned, contractor-operated facilities, contractor-
owned and operated facilities, and Government-owned,
Government-operated facilities, for meeting such
requirements.
(3) The national security benefits of preserving in the
national technology and industrial base contractor-owned and
operated facilities for producing propellant raw materials,
including nitrocellulose.
(4) The extent to which the cost rates for production of
nitrocellulous in Government-owned, contractor-operated
facilities is lower because of the relationship of those
facilities with the Department of Defense than such rates
would be without that relationship.
(5) The advantages and disadvantages of permitting
commercial facilities to compete for award of Department of
Defense contracts for procurement of propellant raw
materials, such as nitrocellulose.
Sec. 8127. Not later than six months after the date of the
enactment of this Act the Secretary of the Air Force shall
submit to Congress a cost-benefit analysis of consolidating
the ground station infrastructure of the Air Force that
supports polar orbiting satellites.
(including transfer of funds)
Sec. 8128. In addition to the amounts appropriated
elsewhere in this Act, $100,000,000 is appropriated for
defense against weapons of mass destruction: Provided, That
the funds appropriated under this section may be transferred
to and merged with funds appropriated elsewhere in this Act
and that this transfer authority shall be in addition to any
other transfer authority provided under this Act: Provided
further, That of the funds made available by this section,
$10,000,000 shall be transferred to and merged with funds
appropriated in this Act for ``Procurement, Marine Corps''
and shall be available only for the procurement of equipment
that enhances the capability of the Chemical-Biological
Incident Response Force to respond to incidents of terrorism.
Sec. 8129. The Secretary of Defense, in consultation with
the Secretary of Health and Human Services and the Director
of the Office of Personnel Management, shall submit a report
to the congressional defense committees by February 1, 1997
containing recommendations regarding the establishment of a
demonstration program under which covered beneficiaries under
chapter 55 of title 10, United States Code, who are entitled
to benefits under part A of the medicare program and who do
not have access to TRICARE, would be permitted to enroll in a
health benefits program offered through the Federal Employees
Health Benefits Program under chapter 89 of title 5, United
States Code.
Sec. 8130. (a) Section 203 of H.R. 3230, the National
Defense Authorization Act for Fiscal Year 1997, as passed by
the Senate on September 10, 1996, is hereby amended by
repealing section 203(a), section 203(c), and section 203(e).
(b) The amendments made by section (a) shall take effect as
of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997 as if section 203 of
such Act had been enacted as so amended.
Sec. 8131. (a) Section 722(c) of the National Defense
Authorization Act for Fiscal Year 1997 is amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)''; and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(b) The amendments made by subsection (a) shall take effect
as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997 as if section 722 of
such Act had been enacted as so amended.
Sec. 8132. The Secretary of Defense shall complete a cost/
benefit analysis on the establishment of a National Missile
Defense Joint Program Office: Provided, That the Secretary of
Defense shall submit a report on this analysis to the
congressional defense committees not later than March 31,
1997:
[[Page 2504]]
Provided further, That the Department of Defense shall take
no action to establish any National Missile Defense Joint
Program Office, to reassign service National Missile Defense
roles and missions under any National Missile Defense Joint
Program Office strategy or to relocate people under such a
strategy prior to March 31, 1997.
Sec. 8133. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8134. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern such agreements will include
the use of United States anthracite as the base load energy
for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8135. (a) Section 2867 of the National Defense
Authorization Act for Fiscal Year 1997 is amended--
(1) by striking out ``Michael O'Callaghan Military
Hospital'' both places it appears in the text of such section
and inserting in lieu thereof ``Mike O'Callaghan Federal
Hospital''; and
(2) in the section heading, by striking out ``MICHAEL
O'CALLAGHAN MILITARY HOSPITAL'' and inserting in lieu thereof
``MIKE O'CALLAGHAN FEDERAL HOSPITAL''.
(b) The amendments made by subsection (a) shall take effect
as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1997 and shall apply as if
such amendments had been included insection 2867 of such Act
when enacted.
Sec. 8136. (a) In addition to any other reductions required
by this Act, the following funds are hereby reduced from the
following accounts in title IV of this Act in the specified
amounts:
``Research, Development, Test and Evaluation, Army'',
$101,257,000;
``Research, Development, Test and Evaluation, Navy'',
$164,179,000;
``Research, Development, Test and Evaluation, Air Force'',
$289,992,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', $119,483,000;
Developmental Test and Evaluation, Defense'', $5,641,000.
(b) The reductions taken pursuant to subsection (a) shall
be applied on a pro-rata basis by subproject within each R-1
program element as modified by this Act, except that no
reduction may be taken against the funds made available to
the Department of Defense for Ballistic Missile Defense.
(c) Unless expressly exempted by subsection (b), each
program element, program, project, subproject, and activity
funded by title IV of this Act shall be allocated a pro-rata
share of any of the reductions made by this section.
(d) Not later than 60 days after enactment of this Act, the
Secretary of Defense shall submit to the Congressional
defense committees a report listing the specific funding
reductions allocated to each category listed in subsection
(c) above pursuant to this section.
Sec. 8137. In addition to amounts appropriated or otherwise
made available in this Act, $230,680,000 is hereby
appropriated to the Department of Defense for anti-terrorism,
counter-terrorism, and security enhancement programs and
activities, as follows:
``Operation and Maintenance, Army'', $15,249,000;
``Operation and Maintenance, Navy'', $23,956,000;
``Operation and Maintenance, Marine Corps'', $600,000;
``Operation and Maintenance, Air Force'', $10,750,000;
``Operation and Maintenance, Defense-Wide'', $29,534,000;
``Operation and Maintenance, Navy Reserve'', $517,000;
``Other Procurement, Army'', $5,252,000;
``Other Procurement, Air Force'', $101,472,000;
``Procurement, Defense-Wide'', $35,350,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', $8,000,000:
Provided, That such amounts in their entirety are designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That funds
appropriated in this section, or made available by transfer
of such funds, for programs and activities of the Central
Intelligence Agency shall remain available until September
30, 1997: Provided further, That funds appropriated in this
section, or made available by transfer of such funds, to any
intelligence agency or activity of the United States
Government shall be deemed to be specifically authorized by
the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414).
Sec. 8138. Of the amounts provided in Titles I though VIII
of this Act, $230,680,000 are permanently canceled: Provided,
That the Secretary of Defense shall allocate the amount of
budgetary resources canceled by this section on a pro-rata
basis among each budget activity, activity group and
subactivity group and each program, project or activity
within each appropriations account.
Titles I through VIII of this Act may be cited as the
``Department of Defense Appropriations Act, 1997''
TITLE IX--FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS
FOR ANTI-TERRORISM, COUNTER-TERRORISM, AND SECURITY ENHANCEMENT
ACTIVITIES
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, to provide emergency
supplemental appropriations for the Department of Defense for
the fiscal year ending September 30, 1996, namely:
DEPARTMENT OF DEFENSE--MILITARY
Military Personnel
military personnel, army
For an additional amount for ``Military Personnel, Army'',
$4,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
military personnel, air force
For an additional amount for ``Military Personnel, Air
Force'', $4,000,000: Provided, That such amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Operation and Maintenance
operation and maintenance, army
For an additional amount for ``Operation and Maintenance,
Army'', $21,200,000, to remain available until September 30,
1997: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
operation and maintenance, air force
For an additional amount for ``Operation and Maintenance,
Air Force'', $67,400,000, to remain available until September
30, 1997: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That these
funds may be used to liquidate obligations incurred by the
Air Force during fiscal year 1996 for costs incurred under
the authority of the Feed and Forage Act (41 U.S.C. 11).
Procurement
other procurement, army
For an additional amount for ``Other Procurement, Army'',
$11,600,000, to remain available until September 30, 1998:
Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
other procurement, air force
For an additional amount for ``Other Procurement, Air
Force'', $13,600,000, to remain available until September 30,
1998: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
General Provisions
(rescissions)
Sec. 9001. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby
rescinded, as of the date of enactment of this Act, from the
following accounts in the specified amounts:
``Procurement of Ammunition, Army, 1994/1996'', $1,000,000;
``Other Procurement, Army, 1994/1996'', $6,000,000;
``Research, Development, Test and Evaluation, Army, 1995/
1996'', $2,055,000;
``Aircraft Procurement, Navy, 1994/1996'', $10,157,000;
``Weapons Procurement, Navy 1994/1996'', $10,688,000;
``Other Procurement, Navy, 1994/1996'', $4,000,000;
``Research, Development, Test and Evaluation, Navy, 1995/
1996'', $6,909,000;
``Aircraft Procurement, Air Force, 1994/1996'', $18,771,000;
``Missile Procurement, Air Force, 1994/1996'', $10,156,000;
``Other Procurement, Air Force, 1994/1996'', $14,395,000;
``Research, Development, Test and Evaluation, Air Force,
1995/1996'', $4,918,000;
``Procurement, Defense-Wide, 1994/1996'', $9,954,000;
``Research, Development, Test and Evaluation, Defense-Wide,
1995/1996'', $23,597,000.
Sec. 9002. Funds appropriated by this title, or made
available by transfer of such funds, for programs and
activities of the Central Intelligence Agency shall remain
available
[[Page 2505]]
until September 30, 1997: Provided, That funds appropriated
by this title, or made available by transfer of such funds,
to any intelligence agency, or intelligence activity of the
United States Government shall be deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
(c) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT making appropriations for the foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1997, and for other purposes
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any
country other than a nuclear-weapon State as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act that has detonated a nuclear explosive after
the date of enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, $726,000,000 to
remain available until September 30, 1998: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That such sums shall remain
available until 2012 for the disbursement of direct loans,
loan guarantees, insurance and tied-aid grants obligated in
fiscal years 1997 and 1998: Provided further, That up to
$50,000,000 of funds appropriated by this paragraph shall
remain available until expended and may be used for tied-aid
grant purposes; Provided further, That none of the funds
appropriated by this paragraph may be used for tied-aid
credits or grants except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-
Import Bank Act of 1945, in connection with the purchase or
lease of any product by any East European country, any Baltic
State, or any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs (to be computed on an
accrual basis), including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to
exceed $20,000 for official reception and representation
expenses for members of the Board of Directors, $46,614,000:
Provided, That necessary expenses (including special services
performed on a contract or fee basis, but not including other
personal services) in connection with the collection of
moneys owed the Export-Import Bank, repossession or sale of
pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import
Bank, or the investigation or appraisal of any property, or
the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, shall be considered
nonadministrative expenses for the purposes of this heading:
Provided further, That, effective July 21, 1997,
notwithstanding any other provision of law, none of the funds
made available by this or any other Act may be made available
to compensate the incumbent Chairman and President of the
Export-Import Bank: Provided further, That, notwithstanding
subsection (b) of section 117 of the Export Enhancement Act
of 1992, subsection (a) thereof shall remain in effect until
October 1, 1997.
overseas private investment corporation noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, such expenditures and commitments
within the limits of funds available to it and in accordance
with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit
and insurance programs (including an amount for official
reception and representation expenses which shall not exceed
$35,000) shall not exceed $32,000,000: Provided further, That
project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other
direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of
the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $72,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 1997 and 1998: Provided further, That such sums shall
remain available through fiscal year 2005 for the
disbursement of direct and guaranteed loans obligated in
fiscal year 1997, and through fiscal year 2006 for the
disbursement of direct and guaranteed loans obligated in
fiscal year 1998: Provided further, That section 235(a)(3) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is
amended by striking out ``1996'' and inserting in lieu
thereof ``1997'' and, notwithstanding section 235(a)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(1)),
the maximum contingent liability of issuing authority for
insurance and financing shall not in the aggregate exceed the
amounts provided in section 235(a)(1) and (2) of that Act. In
addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out
the credit and insurance programs in the Overseas Private
Investment Corporation Noncredit Account and merged with said
account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$40,000,000: Provided, That the Trade and Development Agency
may receive reimbursements from corporations and other
entities for the costs of grants for feasibility studies and
other project planning services, to be deposited as an
offsetting collection to this account and to be available for
obligation until September 30, 1998, for necessary expenses
under this paragraph: Provided further, That such
reimbursements shall not cover, or be allocated against,
direct or indirect administrative costs of the agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 1997,
unless otherwise specified herein, as follows:
agency for international development child survival and disease
programs fund
For necessary expenses to carry out the provisions of part
I and chapter 4 of part II of the Foreign Assistance Act of
1961, for child survival, basic education, assistance to
combat tropical and other diseases, and related activities,
in addition to funds otherwise available for such purposes,
$600,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities
as (1) immunization programs, (2) oral rehydration programs,
(3) health and nutrition programs, and related education
programs, which address the needs of mothers and children,
(4) water and sanitation programs, (5) assistance for
displaced and orphaned children, (6) programs for the
prevention, treatment, and control of, and research on,
tuberculosis, HIV/AIDS, polio, malaria and other diseases,
(7) not to exceed $98,000,000 for basic education programs
for children, and (8) a contribution on a grant basis to the
United Nations Children's Fund (UNICEF) pursuant to section
301 of the Foreign Assistance Act of 1961.
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of
sections 103 through 106 and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96-533) and the provisions of section 401 of the Foreign
Assistance Act of 1969, $1,181,500,000, to remain available
until September 30, 1998: Provided, That of the amount
appropriated under this heading, up to $20,000,000 may be
made available for the Inter-American Foundation and shall be
apportioned directly to that Agency: Provided further, That
of the amount appropriated under this heading, up to
$11,500,000 may be made available for the African Development
Foundation and shall be apportioned directly to that agency:
Provided further, That of the funds appropriated under title
II of this Act that are administered by the Agency for
International Development and made available for family
planning assistance, not less than 65 percent shall be made
available directly to the agency's central Office of
Population and shall be programmed by that office for family
planning activities: Provided further, That of the funds
appropriated under this heading and under the heading ``Child
Survival and Disease Programs Fund'' that are made available
by the Agency for International Development for development
assistance activities, the amount made available to carry out
chapter 10 of part I of the Foreign Assistance Act of 1961
(relating to the Development Fund for Africa) and the amount
made available for activities in the Latin America and
Caribbean region should be in at least the same proportion as
the amount identified in the fiscal year 1997 draft
congressional presentation document for development
assistance for each such region is to the total amount
requested for development assistance for such fiscal year:
[[Page 2506]]
Provided further, That funds appropriated under this heading
may be made available, notwithstanding any other provision of
law except section 515 of this Act, to assist Vietnam to
reform its trade regime (such as through reform of its
commercial and investment legal codes): Provided further,
That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or
participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That
none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of
family planning or to motivate or coerce any person to
practice abortions; and that in order to reduce reliance on
abortion in developing nations, funds shall be available only
to voluntary family planning projects which offer, either
directly or through referral, to, or information about access
to, a broad range of family planning methods and services:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about
all pregnancy options: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That,
notwithstanding section 109 of the Foreign Assistance Act of
1961, of the funds appropriated under this heading in this
Act, and of the unobligated balances of funds previously
appropriated under this heading, up to $17,500,000 may be
transferred to ``International Organizations and Programs''
for a contribution to the International Fund for Agricultural
Development (IFAD), and that any such transfer of funds shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading that are made available
for assistance programs for displace and orphaned children
and victims of war, not to exceed $25,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of such programs: Provided
further, That not less than $500,000 of the funds made
available under this heading shall be available only for
support of the United States Telecommunications Training
Institute.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
$15,000,000 shall be made available for Cyprus to be used
only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus.
burma
Of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $2,500,000 shall be made available
to support activities in Burma, along the Burma-Thailand
border, and for activities of Burmese student groups and
other organizations located outside Burma, for the purposes
of fostering democracy in Burma, supporting the provision of
medical supplies and other humanitarian assistant to Burmese
located in Burma or displaced Burmese along the borders, and
for other purposes: Provided, That of this amount, not less
than $200,000 shall be made available to support newspapers,
publications, and other media activities promoting democracy
inside Burma: Provided further, That funds made available
under this heading may be made available notwithstanding any
other provision of law: Provided further, That provision of
such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
private and voluntary organizations
None of the funds appropriated or otherwise made available
by this Act for development assistance may be made available
to any United States private and voluntary organization,
except any cooperative development organization, which
obtains less than 20 per centum of its total annual funding
for international activities from sources other than the
United States Government: Provided, That the requirements of
the provisions of section 123(g) of the Foreign Assistance
Act of 1961 and the provisions on private and voluntary
organizations in title II of the ``Foreign Assistance and
Related Programs Appropriations Act, 1985'' (as enacted in
Public Law 98-473) shall be superseded by the provisions of
this section, except that the authority contained in the last
sentence of section 123(g) may be exercised by the
Administrator with regard to the requirements of this
paragraph.
Funds appropriated or otherwise made available under title
II of this Act should be made available to private and
voluntary organizations at a level which is equivalent to the
level provided in fiscal year 1995. Such private and
voluntary organizations shall include those which operate on
a not-for-profit basis, receive contributions from private
sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful
providers of development assistance.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as
amended, $190,000,000, to remain available until expended.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans
and loan guarantees, as the President may determine, for
which funds have been appropriated or otherwise made
available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing,
or canceling amounts, through debt buybacks and swaps, owed
to the United States as a result of concessional loans made
to eligible Latin American and Caribbean countries, pursuant
to part IV of the Foreign Assistance Act of 1961, and of
modifying concessional loans authorized under title I of the
Agricultural Trade Development and Assistance Act of 1954, as
amended, as authorized under subsection (a) under the heading
``Debt Reduction for Jordan'' in title VI of Public Law 103-
306; $27,000,000, to remain available until expended:
Provided, That none of the funds appropriated under this
heading shall be obligated except as provided through the
regular notification procedures of the Committees on
Appropriations.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees,
$1,500,000, as authorized by section 108 of the Foreign
Assistance Act of 1961, as amended: Provided, That such costs
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That guarantees of
loans made under this heading in support of microenterprise
activities may guarantee up to 70 percent of the principal
amount of any such loans notwithstanding section 108 of the
Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this
heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the
Agency for International Development: Provided further, That
funds made available under this heading shall remain
available until September 30, 1998.
housing guaranty program account
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of guaranteed loans
authorized by sections 221 and 222 of the Foreign Assistance
Act of 1961, $3,500,000, to remain available until September
30, 1998: Provided, That these funds are available to
subsidize loan principal, 100 percent of which shall be
guaranteed, pursuant to the authority of such sections. In
addition, for administrative expenses to carry out guaranteed
loan programs, $6,000,000, all of which may be transferred to
and merged with the appropriation for Operating Expenses of
the Agency for International Development: Provided further,
That commitments to guarantee loans under this heading may be
entered into notwithstanding the second and third sentences
of section 222(a) and, with regard to programs for Central
and Eastern Europe and programs for the benefit of South
Africans disadvantaged by apartheid, section 223(j) of the
Foreign Assistance Act of 1961.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act
of 1980, $43,826,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of
section 667, $470,750,000: Provided, That none of the funds
appropriated by this Act for programs administered by the
Agency for International Development may be used to finance
printing costs of any report or study (except feasibility,
design, or evaluation reports or studies) in excess of
$25,000 without the approval of the Administrator of the
Agency or the Administrator's designee.
operating expenses of the agency for international development office
of inspector general
For necessary expenses to carry out the provisions of
section 667, $30,000,000, to remain available until September
30, 1998, which sum shall be available for the Office of the
Inspector General of the Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,343,000,000, to remain available
until September 30, 1998: Provided, That of the funds
appropriated under this heading, not less than $1,200,000,000
shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within thirty days of enactment of this Act or by
October 31, 1996, whichever is
[[Page 2507]]
later: Provided further, That not less than $815,000,000
shall be available only for Egypt, which sums shall be
provided on a grant basis, and of which sum cash transfer
assistance may be provided, with the understanding that Egypt
will undertake significant economic reforms which are
additional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be
provided as Commodity Import Program assistance: Provided
further, That in exercising the authority to provide cash
transfer assistance for Israel and Egypt, the President shall
ensure that the level of such assistance does not cause an
adverse impact on the total level of nonmilitary exports from
the United States to each such country: Provided further,
That it is the sense of the Congress that the recommended
levels of assistance for Egypt and Israel are based in great
measure upon their continued participation in the Camp David
Accords and upon the Egyptian-Israeli peace treaty: Provided
further, That none of the funds appropriated under this
heading shall be made available for Zaire.
international fund for Ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$19,600,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall
be made available in accordance with the provisions of the
Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
415): Provided, That such amount shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That funds made available
under this heading shall remain available until September 30,
1998.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $475,000,000, to
remain available until September 30, 1998, which shall be
available, notwithstanding any other provision of law, for
economic assistance and for related programs for Eastern
Europe and the Baltic States.
(b) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the Fund's disbursement of such
funds for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(c) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance.
(d) None of the funds appropriated under this heading may
be made available for new housing construction or repair or
reconstruction of existing housing in Bosnia and Herzegovina
unless directly related to the efforts of United States
troops to promote peace in said country.
(e) With regard to funds appropriated or otherwise made
available under this heading for the economic revitalization
program in Bosnia and Herzegovina, and local currencies
generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia
and Herzegovina as local currency and local currency returned
or repaid under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for
such purposes, and prior to the use of funds that have been
returned or repaid to any lending facility or grantee; and
(2) the provisions of section 531 of this Act shall apply.
(f) With regard to funds appropriate under this heading
that are made available for economic revitalization programs
in Bosnia and Herzegovina, 50 percent of such funds shall not
be available for obligation unless the President determines
and certifies to the Committees on Appropriations that the
Federation of Bosnia and Herzegovina has complied with
article III of annex 1-A of the General Framework Agreement
for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on
training, investigations, and related activities between
Iranian officials and Bosnian officials has been terminated.
assistance for the new independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of
chapter 11 of part I of the Foreign Assistance Act of 1961
and the FREEDOM Support Act, for assistance for the new
independent states of the former Soviet Union and for related
programs, $625,000,000, to remain available until September
30, 1998: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph.
(b) None of the funds appropriated under this heading shall
be transferred to the Government of Russia--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, negotiating repayment of
commercial debt, respect for commercial contracts, and
equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
(c) Funds may be furnished without regard to subsection (b)
if the President determines that to do so is in the national
interest.
(d) None of the funds appropriated under this heading shall
be made available to any government of the new independent
states of the former Soviet Union if that government directs
any action in violation of the territorial integrity or
national sovereignty of any other new independent state, such
as those violations included in the Helsinki Final Act:
Provided, That such funds may be made available without
regard to the restriction in this subsection if the President
determines that to do so is in the national security interest
of the United States: Provided further, That the restriction
of this subsection shall not apply to the use of such funds
for the provision of assistance for purposes of humanitarian,
disaster and refugee relief.
(e) None of the funds appropriated under this heading for
the new independent states of the former Soviet Union shall
be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization or nonproliferation programs.
(f) Funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(g) Funds made available in this Act for assistance to the
new independent states of the former Soviet Union shall be
subject to the provisions of section 117 (relating to
environment and natural resources) of the Foreign Assistance
Act of 1961.
(h)(1) Of the funds appropriated under title II of this
Act, including funds appropriated under this heading, not
less than $10,000,000 shall be available only for assistance
for Mongolia, of which amount not less than $6,000,000 shall
be available only for the Mongolian energy sector.
(2) Funds made available for assistance for Mongolia may be
made available in accordance with the purposes and utilizing
the authorities provided in chapter 11 of part I of the
Foreign Assistance Act of 1961.
(i) Funds made available in this Act for assistance to the
New Independent States of the former Soviet Union shall be
provided to the maximum extent feasible through the private
sector, including small- and medium-size business,
entrepreneurs, and others with indigenous private enterprises
in the region, intermediary development organizations
committed to private enterprise, and private voluntary
organizations: Provided, That grantees and contractors
should, to the maximum extent possible, place in key staff
positions specialists with prior on the ground expertise in
the region of activity and fluency in one of the local
languages.
(j) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated under this heading or
in prior appropriations Acts, for projects or activities that
have as one of their primary purposes the fostering of
private sector development, the Coordinator for United States
Assistance to the New Independent States and the implementing
agency shall encourage the participation of and give
significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
(k) Off the funds made available under this heading, not
less than $225,000,000 shall be made available for Ukraine,
of which funds not less than $25,000,000 shall be made
available to carry out United States decommissioning
obligations regarding the Chornobyl plant made in the
Memorandum of Understanding between the Government of Ukraine
and the G-7 Group: Provided, That not less than $35,000,000
shall be made available for agricultural projects, including
those undertaken through the Food Systems Restructuring
Program, which leverage private sector resources with United
States Government assistance: Provided further, That
$5,000,000 shall be available for a small business incubator
project: Provided further, That $5,000,000 shall be made
available for screening and treatment of childhood mental and
physical illnesses related to Chornobyl radiation: Provided
further, That $5,000,000 shall be available only for a land
and resource management institute to identify nuclear
contamination at Chornobyl: Provided further, That
$15,000,000 shall be available for the legal restructuring
necessary to support a decentralized market-oriented economic
system, including enactment of necessary substantive
commercial law, implementation of reforms necessary to
establish an independent judiciary and bar, legal education
for judges, attorneys, and law students, and education of the
public designed to promote understanding of a law-based
economy.
(l) Of the funds made available for Ukraine, under this Act
and Public Law 104-107, not less than $50,000,000 shall be
made available to improve safety at nuclear reactors:
Provided, that of this amount $20,000,000 shall be provided
for the purchase and installation of, and training for,
safety parameter display or control systems at all
[[Page 2508]]
operational nuclear reactors: Provided further, That of this
amount, $20,000,000 shall be made available for the purchase,
construction, installation and training for Full Scope and
Analytical/Engineering simulators: Provided further, That of
this amount funds shall be made available to conduct Safety
Analysis Reports at all operational nuclear reactors.
(m) Of the funds made available by this Act, not less than
$95,000,000 shall be made available for Armenia.
(n) Funds appropriated under this heading or in prior
appropriations Acts that are or have been made available for
an Enterprise Fund may be deposited by such Fund in interest-
bearing accounts prior to the disbursement of such funds by
the Fund for program purposes. The Fund may retain for such
program proposes any interest earned on such deposits without
returning such interest to the Treasury of the United States
and without further appropriation by the Congress. Funds made
available for Enterprise Funds shall be expended at the
minimum rate necessary to make timely payment for projects
and activities.
(o)(1) None of the funds appropriated under this heading
may be made available for Russia unless the President
determines and certifies in writing to the Committees on
Appropriations that the Government of Russia has terminated
implementation of arrangements to provide Iraq with technical
expertise, training, technology, or equipment necessary to
develop a nuclear reactor or related nuclear research
facilities or programs.
(2) Paragraph (1) shall not apply if the President
determines that making such funds available is important to
the national security interest of the United States. Any such
determination shall cease to be effective six months after
being made unless the President determines that its
continuation is important to the national security interest
of the United States.
(p) Of the funds made available under this heading, not
less than $10,000,000 shall be made available for a United
States contribution to the Trans-Caucasus Enterprise Fund:
Provided, That to further the development of the private
sector in the Trans-Caucasus, such amount and amounts
appropriated for purposes of subsection (t) under the heading
``Assistance for the New Independent States of the Former
Soviet Union'' in Public Law 104-107 may be invested in a
Trans-Caucasus Enterprise Fund or, notwithstanding the
provisions of such subsection, invested in other funds
established by public or private organizations, or
transferred to the Overseas Private Investment Corporation to
be available, subject to the requirements of the Federal
Credit Reform Act, to subsidize the costs of direct and
guaranteed loans.
(q)(1) Funds appropriated under this heading may not be
made available for the Government of Ukraine if the President
determines and reports to the Committees on Appropriations
that the Government of Ukraine is engaged in military
cooperation with the Government of Libya.
(2) Paragraph (1) shall not apply if the President
determines that making such funds available is important to
the national security interest of the United States. Any such
determination shall cease to be effective six months after
being made unless the President determines that its
continuation is important to the national security interest
of the United States.
(r) Of the funds appropriated under this heading, not less
than $15,000,000 should be available only for a family
planning program for the New Independent States of the former
Soviet Union comparable to the family planning program
currently administered by the Agency for International
Development in the Central Asian Republics and focusing on
population assistance which provides an alternative to
abortion.
(s) Funds made available under this Act or any other Act
(other than assistance under title V of the FREEDOM Support
Act and section 1424 of the ``National Defense Authorization
Act for Fiscal Year 1997'') may not be provided for
assistance to the Government of Azerbaijan until the
President determines, and so reports to the Congress, that
the Government of Azerbaijan is taking demonstrable steps to
cease all blockades and other offensive uses of force against
Armenia and Nagorno-Karabakh.
(t) Of the funds appropriated under this heading, not less
than $2,500,000 shall be made available for the American-
Russian Center.
Independent Agency
peace corps
For expenses necessary to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $208,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 1998.
Department of State
international narcotics control
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $213,000,000: Provided, That
during fiscal year 1997, the Department of State may also use
the authority of section 608 of the Foreign Assistance Act of
1961, without regard to its restrictions, to receive non-
lethal excess property from an agency of the United States
Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds made
available under this heading may be provided to any unit of
the security forces of a foreign country if the Secretary of
State has credible evidence to believe such unit has
committed gross violations of human rights unless the
Secretary determines and reports to the Committees on
Appropriations that the government of such country is taking
steps to bring the responsible members of the security forces
unit to justice.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by
law, a contribution to the International Committee of the Red
Cross, assistance to refugees, including contributions to the
International Organization for Migration and the United
Nations High Commissioner for Refugees, and other activities
to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980; allowances as authorized by sections 5921
through 2955 of title 5, United States Code; purchase and
hire of passenger motor vehicles; and services as authorized
by section 3109 of title 5, United States Code, $650,000,000:
Provided, That not more than $12,000,000 shall be available
for administrative expenses: Provided further, That not less
than $80,000,000 shall be made available for refugees from
the former Soviet Union and Eastern Europe and other refugees
resettling in Israel.
refugee resettlement assistance
For necessary expenses for the targeted assistance program
authorized by title IV of the Immigration and Nationality Act
and section 501 of the Refugee Education Assistance Act of
1980 and administered by the Office of Refugee Resettlement
of the Department of Health and Human Services, in addition
to amounts otherwise available for such purposes, $5,000,000.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain
available until expended: Provided, That the funds made
available under this heading are appropriated notwithstanding
the provisions contained in section 2(c)(2) of the Migration
and Refugee Assistance Act of 1962 which would limit the
amount of funds which could be appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism
and related programs and activities, $133,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, section
504 of the FREEDOM Support Act for the Nonproliferation and
Disarmament Fund, section 23 of the Arms Export Control Act
for demining activities, notwithstanding any other provision
of law, including activities implemented through
nongovernmental and international organizations, section 301
of the Foreign Assistance Act of 1961 for a voluntary
contribution to the International Atomic Energy Agency (IAEA)
and a voluntary contribution to the Korean Peninsula Energy
Development Organization (KEDO), and for the acquisition and
provision of goods and services, or for grants to Israel
necessary to support the eradication of terrorism in and
around Israel: Provided, That of this amount not to exceed
$15,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the new
independent states of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency:
Provided further, That not to exceed $25,000,000 may be made
available to the Korean Peninsula Energy Development
Organization (KEDO) only for the administrative expenses and
heavy fuel oil costs associated with the Agreed Framework:
Provided further, That such funds may be obligated to KEDO
only if, prior to such obligation of funds, the President
certifies and so reports to Congress that (1)(A) of the
United States is taking steps to assure that progress is made
on the implementation of the January 1, 1992, Joint
Declaration on the Denuclearization of the Korean Peninsula
and the implementation of the North-South dialogue, and (B)
North Korea is complying with the other provisions of the
Agreed Framework between North Korea and the United States
and with the Confidential Minute; (2) North Korea is
cooperating fully in the canning and safe storage of all
spent fuel from its graphite-moderated nuclear reactors and
that such canning and safe storage is scheduled to be
completed by the end of fiscal year 1997; and (3) North Korea
has
[[Page 2509]]
not significantly diverted assistance provided by the United
States for purposes for which it was not intended: Provided
further, That the President may waive the certification
requirements of the preceding proviso if the President
determines that it is vital to the national security
interests of the United States: Provided further, That no
funds may be obligated for KEDO until 30 calendar days after
submission to Congress of the waiver permitted under the
preceding proviso: Provided further, That before obligating
any funds for KEDO, the President shall report to Congress on
(1) the cooperation of North Korea in the process of
returning to the United States the remains of United States
military personnel who are listed as missing in action as a
result of the Korean conflict (including conducting joint
field activities with the United States); (2) violations of
the military armistice agreement of 1953; (3) the actions
which the United States is taking to assure that North Korea
is consistently taking steps to implement the Joint
Declaration on Denuclearization of the Korean Peninsula and
engage in North-South dialogue; and (4) all instances of non-
compliance with the Agreed Framework between North Korea and
the United States and the Confidential Minute, including
diversion of heavy fuel oil: Provided further, That the
obligation of such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall submit to
the appropriate congressional committees an annual report (to
be submitted with the annual presentation for appropriations)
providing a full and detailed accounting of the fiscal year
request for the United States contribution to KEDO, the
expected operating budget of the Korean Peninsula Energy
Development Organization, to include proposed annual costs
associated with heavy fuel oil purchases and other related
activities, and the amount of funds pledged by other donor
nations and organizations to support KEDO activities on a per
country basis.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$43,475,000: Provided, That none of the funds appropriated
under this heading shall be available for Zaire and
Guatemala: Provided further, That funds appropriated under
this heading for grant financed military education and
training for Indonesia may only be available for expanded
international military education and training.
foreign military financing program
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $3,164,000,000: Provided, That of the funds
appropriated by this paragraph not less than $1,800,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within thirty days of
enactment of this Act or by October 31, 1996, whichever is
later: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph
shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less
than $475,000,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That of the funds
made available under this paragraph, $30,000,000 shall be
available for assistance on a grant basis for Poland,
Hungary, and the Czech Republic to carry out title II of
Public Law 103-477 and section 585 of Public Law 104-107:
Provided further, That funds made available under this
paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That, for the purpose only of providing
support for NATO expansion and the Warsaw Initiative Program,
of the funds appropriated by this Act under the headings
``Assistance for Eastern Europe and the Baltic States'' and
``Assistance for the New Independent States of the Former
Soviet Union'', up to a total of $7,000,000 may be
transferred, notwithstanding any other provision of law, the
funds appropriated under this paragraph: Provided further,
That none of the funds made available under this heading
shall be available for any non-NATO country participating in
the Partnership for Peace Program except through the regular
notification procedures of the Committees on Appropriations.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans authorized
by section 23 of the Arms Export Control Act as follows: cost
of direct loans, $60,000,000: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans of not to exceed $540,000,000:
Provided further, That the rate of interest charged on such
loans shall be not less than the current average market yield
on outstanding marketable obligations of the United States of
comparable maturities: Provided further, That of the funds
appropriated under this paragraph $20,000,000 shall be made
available to Poland, Hungary, and the Czech Republic:
Provided further, That funds appropriated under this heading
shall be made available for Greece and Turkey only on a loan
basis, and the principal amount of direct loans for each
country shall not exceed the following: $122,500,000 only for
Greece and $175,000,000 only for Turkey.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurements has first signed an agreement with the
United States Government specifying the conditions under
which such procurements may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 515 of this Act: Provided
further, That funds made available under this heading shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That none of the funds appropriated under
this heading shall be available for Zaire, Sudan, Liberia,
and Guatemala: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for activities related to the clearance of
landmines and unexploded ordnance, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries
for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs
may utilize funds made available under this heading for
procurement of defense articles, defense services or design
and construction services that are not sold by the United
States Government under the Arms Export Control Act: Provided
further, That, subject to the regular notification procedures
of the Committees on Appropriations, funds made available
under this heading for the cost of direct loans may also be
used to supplement the funds available under this heading for
grants, and funds made available under this heading for
grants may also be used to supplement the funds available
under this heading for the cost of direct loans: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not
more than $23,250,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including
the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs
of administering military assistance and sales: Provided
further, That not more than $355,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control
Act may be obligated for expenses incurred by the Department
of Defense during Fiscal year 1997 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury, for the
United States contribution to the Global Environment Facility
(GEF), $35,000,000, to remain available until September 30,
1998.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $700,000,000, for the United
States contribution to the tenth replenishment, to remain
available until expended: Provided, That none of the funds
may be obligated before March 1, 1997: Provided further, That
not less than twenty days before such funds are obligated,
the Secretary of the Treasury shall submit a report to the
Committees on Appropriations on his efforts to reach
agreement with the other IDA-11 donors, including at the
February 1997 IDA-11 donors review meeting, that the
procurement restrictions in the Interim Trust Fund will be
lifted.
contribution to the international finance corporation
For payment to the International Finance Corporation by the
Secretary of the Treasury, $6,656,000, for the United States
share of the increase in subscriptions to capital stock, to
remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury, for the United States share of the
paid-in share portion of the increase in capital stock,
$25,610,667, and for the United States share of the increase
in the resources of the Fund for Special Operations,
$10,000,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $1,503,718,910.
[[Page 2510]]
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the Fund to be administered by
the Inter-American Development Bank, $27,500,000 to remain
available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of the increase in capital stock, $13,221,596, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $647,858,204.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increases in resources of the Asian
Development Fund, as authorized by the Asian Development Bank
Act, as amended (Public Law 89-369), $100,000,000, to remain
available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $11,916,447,
for the United States share of the paid-in share portion of
the initial capital subscription, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$27,805,043.
North American Development Bank
For payment to the North American Development Bank by the
Secretary of the Treasury, for the United States share of the
paid-in portion of the capital stock, $56,000,000, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the North American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
the capital stock of the North American Development Bank in
an account not to exceed $318,750,000.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $169,950,000: Provided, That none
of the funds appropriated under this heading shall be made
available for the United Nations Fund for Science and
Technology: Provided further, That none of the funds
appropriated under this heading that are made available to
the United Nations Population Fund (UNFPA) shall be made
available for activities in the People's Republic of China:
Provided further, That not more than $25,000,000 of the funds
appropriated under this heading may be made available to the
UNFPA: Provided further, That not more than one-half of this
amount may be provided to UNFPA before March 1, 1997, and
that no later than February 15, 1997, the Secretary of State
shall submit a report to the Committees on Appropriations
indicating the amount UNFPA is budgeting for the People's
Republic of China in 1997: Provided further, That any amount
UNFPA plans to spend in the People's Republic of China in
1997 shall be deducted from the amount of funds provided to
UNFPA after March 1, 1997, pursuant to the previous provisos:
Provided further, That with respect to any funds appropriated
under this heading that are made available to UNFPA, UNFPA
shall be required to maintain such funds in a separate
account and not commingle them with any other fund: Provided
further, That none of the funds appropriated under this
heading may be made available to the Korean Peninsula Energy
Development Organization (KEDO) or the International Atomic
Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled
``International Disaster Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 per centum of any appropriation item made available
by this Act shall be obligated during the last month of
availability.
prohibition of bilateral funding for international financial
institutions
Sec. 502. None of the funds contained in title II of this
Act may be used to carry out the provisions of section 209(d)
of the Foreign Assistance Act of 1961.
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $126,500 shall be for
official residence expenses of the Agency for International
Development during the current fiscal year: Provided, That
appropriate steps shall be taken to assure that, the maximum
extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the Agency for International
Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $95,000 shall be
available for representation allowances for the Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for
general costs of administering military assistance and sales
under the heading ``Foreign Military Financing Program'', not
to exceed $2,000 shall be available for entertainment
expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the
funds made available by this Act under the heading
``International Military Education and Training'', not to
exceed $50,000 shall be available for entertainment
allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and
representation allowances: Provided further, That of the
funds made available by this Act for the Peace Corps, not to
exceed a total of $4,000 shall be available for entertainment
expenses: Provided further, That of the funds made available
by this Act under the heading ``Trade and Development
Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available
(other than funds for ``Nonproliferation, Antiterrorism,
Demining and Related Programs'') pursuant to this Act, for
carrying out the Foreign Assistance Act of 1961, may be used,
except for purposes of nuclear safety, to finance the export
of nuclear equipment, fuel, or technology.
Prohibition Against Direct Funding for Certain Countries
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided,
That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank
or its agents.
Military Coups
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to any country whose duly
elected Head of Government is deposed by military coup or
decree: Provided, That assistance may be resumed to such
country if the President determines and reports to the
Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government
has taken office.
Transfers Between Accounts
Sec. 509. None of the funds made available by this Act may
be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, prior to the
exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a
written policy justification to the Committees on
Appropriations of the House of Representatives and the
Senate.
Deobligation/Reobligation Authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of
the Supplemental Appropriations Act, 1955, as having been
obligated against appropriations heretofore made under the
authority of the Foreign Assistance Act of 1961 for the same
general purpose as any of the headings under title II of this
Act are, if deobligated, hereby continued available for the
same period as the respective appropriations under such
headings or until September 30, 1997, whichever is later, and
for the same general purpose, and for countries within the
same region as originally obligated: Provided, That the
Appropriations Committees of both Houses of the Congress are
notified fifteen days in advance of the reobligation of such
funds in accordance with regular notification procedures of
the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out
section 23 of the Arms Export Control Act as of the end of
the fiscal year immediately preceding the current fiscal year
are, if deobligated, hereby continued available during the
current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act: Provided,
That the authority of this subsection may not be used in
fiscal year 1997.
Availability of Funds
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated
[[Page 2511]]
for the purposes of chapters 1, 8, and 11 of part I, section
667, and chapter 4 of part II of the Foreign Assistance Act
of 1961, as amended, and funds provided under the heading
``Assistance for Eastern Europe and the Baltic States'',
shall remain available until expended if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or
economic policy reform objectives, shall remain available
until expended: Provided further, That the report required by
section 653(a) of the Foreign Assistance Act of 1961 shall
designate for each country, to the extent known at the time
of submission of such report, those funds allocated for cash
disbursement for balance of payment and economic policy
reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this
Act shall be used to furnish assistance to any country which
is in default during a period in excess of one calendar year
in payment to the United States of principal or interest on
any loan made to such country by the United States pursuant
to a program for which funds are appropriated under this Act:
Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made
available in this Act or during the current fiscal year for
Nicaragua, and for any narcotics-related assistance for
Colombia, Bolivia, and Peru authorized by the Foreign
Assistance Act of 1961 or the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any
loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committee on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities
of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United
States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act,
for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
notification requirements
Sec. 515. For the purpose of providing the Executive Branch
with the necessary administrative flexibility, none of the
funds made available under this Act for ``Child Survival and
Disease Programs Fund'', ``Development Assistance'', ``Debt
restructuring'', ``International organizations and
programs'', ``Trade and Development Agency'', ``International
narcotics control'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the New Independent State
of the Former Soviet Union'', ``Economic Support Fund'',
``Peacekeeping operations'', ``Operating expenses of the
Agency for International Development'', ``Operating expenses
of the Agency for International Development Office of
Inspector General'', ``Nonprofiferation, anti-terrorism,
demining and related programs'', ``Foreign Military Financing
Program'', ``International military education and training'',
``Inter-American Foundation'', ``African Development
Foundation'', ``Peace Corps'', ``Migration and refugee
assistance'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Appropriations Committee for
obligation under any of these specific heading unless the
Appropriations Committee of both Houses of Congress are
previously notified fifteen days in advance: Provided, That
the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms
Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
per centum in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified fifteen
days in advance of such commitment: Provided further, That
this section shall not apply to any reprogramming for an
activity, program, or project under chapter 1 of part I of
the Foreign Assistance Act of 1961 of less than 10 per centum
of the amount previously justified to the Congress for
obligation for such activity, program, or project for the
current fiscal year: Provided further, That the requirements
of this section or any similar provision of this Act or any
other Act, including any prior Act requiring notification in
accordance with the regular notification procedures of the
Committees on Appropriations, may be waived if failure to do
so would pose a substantial risk of human health or welfare:
Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate
congressional committees, shall be provided as early as
practicable, but in no event later than three days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Notwithstanding any other provision of law or of
this Act, none of the funds provided for ``International
Organizations and Programs'' shall be available for the
United States proportionate share, in accordance with section
307(c) of the Foreign Assistance Act of 1961, for any
programs identified in section 307, or for Libya, Iran, or,
at the discretion of the President, Communist countries
listed in section 620(f) of the Foreign Assistance Act of
1961, as amended: Provided, That, subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated under this Act or any previously enacted
Act making appropriations for foreign operations, export
financing, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of this section or any similar provision of
law, shall remain available for obligation through September
30, 1998.
economic support fund assistance for israel
Sec. 517. The Congress finds that progress on the peace
process in the Middle East is vitally important to United
States security interests in the region. The Congress
recognizes that, in fulfilling its obligations under the
Treaty of Peace Between the Arab Republic of Egypt and the
State of Israel, done at Washington on March 26, 1979, Israel
incurred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel
serves the security interests of the United States, for a
secure Israel is an Israel which has the incentive and
confidence to continue pursuing the peace process. Therefore,
the Congress declares that, subject to the availability of
appropriations, it is the policy and the intention of the
United States that the funds provided in annual
appropriations for the Economic Support Fund which are
allocated to Israel shall not be less than the annual debt
repayment (interest and principal) from Israel to the United
States Government in recognition that such a principle serves
United States interests in the region.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended,
[[Page 2512]]
may be used to pay for any biomedical research which relates
in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations: Provided, That none of the funds made
available under this Act may be used to lobby for or against
abortion
authorization for population planning
Sec. 518A. (a) None of the funds made available in title II
of this Act for population planning activities or other
population assistance pursuant to section 104(b) of the
Foreign Assistance Act or any other provision of law may be
obligated or expended prior to July 1, 1997.
(b) Not to exceed $385,000,000 of the funds appropriated in
title II of this Act may be made available for population
planning activities or other population assistance.
(c) Such funds may be apportioned only on a monthly basis,
and such monthly apportionments may not exceed 8 percent of
the total available for such activities.
(d) Not later than February 1, 1997, the President shall
submit a finding to the Congress regarding the impact of the
limitation on obligations imposed by subsection (a) of this
section on the proper functioning of the population planning
program. If such Presidential finding indicates that the
limitation is having a negative impact on the proper
functioning of the population planning program, funds for
population planning activities and other population
assistance referred to in subsection (a) may be made
available beginning March 1, 1997, notwithstanding the July
1, 1997, limitation set forth in subsection (a), if the
Congress approves such finding by adoption of a joint
resolution of approval not later than February 28, 1997, in
accordance with subsection (e).
(e) Congressional Review Procedure.--
(1) This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such it
is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of resolutions described
by paragraph (2) of this subsection; and it supersedes other
rules only to the extent that it is inconsistent therewith;
and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as those rules
relate to the procedure of that House) at any time, in the
same manner, and to the same extent as in the case of any
other rule of such House.
(2) For purposes of this section, the term ``resolution''
means a joint resolution, the text of which is as follows:
``That the House of Representatives and Senate approve the
Presidential finding, submitted to the Congress on XXXXX,
that the limitation on obligations imposed by section 518A(a)
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, is having a negative
impact on the proper functioning of the population planning
program.''. The blank space therein shall be filled with the
date on which the President submits his finding to the House
of Representatives and the Senate.
(3) On the day on which the President submits a finding
under this section to the Congress, a joint resolution
described in paragraph (2) shall be introduced (by request)
in the House by the majority leader of the House, for himself
and the minority leader of the House, or by Members of the
House designated by the majority leader and minority leader
of the House; and shall be introduced (by request) in the
Senate by the majority leader of the Senate, for himself and
the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which the President submits such finding, the resolution
shall be introduced in that House, as provided in the
preceding sentence, on the first day thereafter on which that
House is in session. A resolution once introduced in the
House with respect to a Presidential finding under this
section shall be referred to 1 or more committees (and all
resolutions with respect to the same Presidential finding
shall be referred to the same committee or committees) by the
Speaker of the House of Representatives. A resolution once
introduced in the Senate with respect to a Presidential
finding under this section shall be referred to the
appropriate committee (and all resolutions with respect to
the same Presidential finding shall be referred to the same
committee) by the President of the Senate.
(4) No amendment to a resolution introduced under this
section shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
presiding officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(5)(A) If any committee to which a resolution with respect
to a Presidential finding under this section has been
referred has not reported it at the end of 5 calendar days
after its introduction, such committee shall be automatically
discharged from further consideration of the resolution and
it shall be placed on the appropriate calendar. A vote on
final passage of the resolution, shall be taken in each House
on or before February 28, 1997. If prior to the passage by 1
House of a resolution of that House under this section, that
House receives the same resolution from the other House,
then--
(i) the procedure in that House shall be the same as if no
resolution had been received from the other House, but
(ii) the vote on final passage shall be on the resolution
of the other House.
(6)(A) A motion in the House of Representatives to proceed
to the consideration of a resolution under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to
move to reconsider the vote by which the motion is agreed to
or disagreed to.
(B) Debate in the House of Representatives on the
resolution described in paragraph (2) of this subsection
shall be limited to not more than 2 hours, which shall be
divided equally between those favoring and those opposing
such resolution. A motion to further limit debate shall not
be debatable. It shall not be in order to move to recommit a
resolution or to move to reconsider the vote by which such
resolution was agreed to or disagreed to.
(C) Appeals from the decision of the Chair relating to the
application of the rules of the House of Representatives to
the procedures relating to a resolution under this section
shall be decided without debate.
(D) Except to the extent specifically provided in preceding
provisions of this subsection, consideration in the House of
Representatives of a resolution under this subsection shall
be governed by the rules of the House of Representatives
applicable to other resolutions in similar circumstances.
(7)(A) A motion in the Senate to proceed to the
consideration of a resolution under this section shall not be
debatable. It shall not be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(B) Debate in the Senate on the resolution described in
paragraph (2) of this subsection, and all debatable motions
and appeals in connection therewith, shall be limited to not
more than 2 hours. The time shall be equally divided between,
and controlled by, the mover and the manager of the
resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the time
in opposition thereto shall be controlled by the minority
leader or his designee. Such leaders, or either of them, may,
from time under their control on the passage of a resolution,
allot additional time to any Senator during the consideration
of any debatable motion or appeal.
(C) A motion in the Senate to further limit debate is not
debatable. A motion to recommit a resolution is not in order.
reporting requirement
Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of
the Arms Export Control Act.
special notification requirements
Sec. 520. None of the funds appropriated in this Act shall
be obligated or expended for Colombia, Guatemala (except that
this provision shall not apply to development assistance for
Guatemala), Dominican Republic, Haiti, Liberia, Pakistan,
Peru, Serbia, Sudan, or Zaire except as provided through the
regular notification procedures of the Committee on
Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the Appropriations Act
account level and shall include all Appropriations and
Authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economics
Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered
to include country, regional, and central program level
funding within each such account; for the development
assistance accounts of the Agency for International
Development ``program, project, and activity'' shall also be
considered to include central program level funding, either
as (1) justified to the Congress, or (2) allocated by the
executive branch in accordance with a report, to be provided
to the Committees on Appropriations within thirty days of
enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
child survival and aids activities
Sec. 522. Up to $8,000,000 of the funds made available by
this Act for assistance for family planning, health, child
survival, and AIDS, may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the Agency
for International Development for the purpose of carrying out
family planning activities, child survival activities and
activities relating to research on, and the treatment and
control of acquired immune deficiency syndrome in developing
countries: Provided, That funds appropriated by this Act that
are made available for child survival activities or
activities relating to research on, and the treatment and
control of, acquired immune deficiency syndrome may be made
available
[[Page 2513]]
notwithstanding any provision of law that restricts
assistance to foreign countries: Provided further, That funds
appropriated by this Act that are made available for family
planning activities may be made available notwithstanding
section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated to finance
indirectly any assistance or reparations to Cuba, Iraq,
Libya, Iran, Syria, North Korea, or the People's Republic of
China, unless the President of the United States certifies
that the withholding of these funds is contrary to the
national interest of the Untied States.
reciprocal leasing
Sec. 524. Section 61(a) of the Arms Export Control Act is
amended by striking out ``1996'' and inserting in lieu
thereof ``1997''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 525. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committee on Appropriations to the same extent and
under the same conditions as are other committees pursuant to
subsection (c) of that section: Provided, That before issuing
a letter of offer to sell excess defense articles under the
Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with
the regular notification procedures of such Committees:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
AUTHORIZATION REQUIREMENT
Sec. 526. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
and section 15 of the State Department Basic Authorities Act
of 1956.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Notwithstanding any other provision of law,
funds appropriated for bilateral assistance under any heading
of this Act and funds appropriated under any such heading in
a provision of law enacted prior to enactment of this Act,
shall not be made available to any country which the
President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism,
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least fifteen days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 528. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt and NATO and major non-NATO allies
for the procurement by leasing (including leasing with an
option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines
that there are compelling foreign policy or national security
reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
COMPETITIVE INSURANCE
Sec. 528A. All Agency for International Development
contracts and solicitations, and subcontracts entered into
under such contracts, shall include a clause requiring that
United States insurance companies have a fair opportunity to
bid for insurance when such insurance is necessary or
appropriate.
STINGERS IN THE PERSIAN GULF REGION
Sec. 529. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1990, the United States may not sell or
otherwise make available any Stingers to any country
bordering the Persian Gulf under the Arms Export Control Act
or chapter 2 of part II of the Foreign Assistance Act of
1961.
DEBT-FOR-DEVELOPMENT
Sec. 530. In order to enhance the continued participation
of nongovernmental organizations in economic assistance
activities under the Foreign Assistance Act of 1961,
including endowments, debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a
grantee or contractor of the Agency for International
Development may place in interest bearing accounts funds made
available under this Act or prior Acts or local currencies
which accrue to that organization as a result of economic
assistance provided under title II of this Act and any
interest earned on such investment shall be used for the
purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 531. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated, and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development
and that government to monitor and account for deposits into
and disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
(ii) debt and deficit financing, or
(B) for the administrative requirements of the United
States Government.
(3) Programming Accountability.--The Agency for
International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination
of assistance to a country under chapters 1 or 10 of part I
or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be
disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Conforming Amendments.--The provisions of this
subsection shall supersede the tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 and
sections 531(d) and 609 of the Foreign Assistance Act of
1961.
(6) Reporting Requirement.--The Administrator of the Agency
for International Development shall report on an annual basis
as part of the justification documents submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapters 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a
separate account and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At lest fifteen days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
compensation for united states executive directors to international
financing institutions
Sec. 532. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while
the United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the
rate provided for an individual occupying a
[[Page 2514]]
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the
Asian Development Bank, the Asian Development Fund, the
African Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and
Development.
compliance with united nations sanctions against iraq
Sec. 533. (a) Denial of Assistance.--None of the funds
appropriated or otherwise made available pursuant to this Act
to carry out the Foreign Assistance Act of 1961 (including
title IV of chapter 2 of part I, relating to the Overseas
Private Investment Corporation) or the Arms Export Control
Act may be used to provide assistance to any country that is
not in compliance with the United Nations Security Council
sanctions against Iraq, Serbia or Montenegro unless the
President determines and so certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign national who have fled Iraq and
Kuwait.
(b) Import Sanctions.--If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United
States imposed with respect to Iraq, Serbia, or Montenegro,
as the case may be, and is consistent with the national
interest, the President may prohibit, for such a period of
time as he considers appropriate, the importation into the
United States of any or all products of any foreign country
that has not prohibited--
(1) the importation of products of Iraq, Serbia, or
Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia, or
Montenegro, as the case may be.
competitive pricing for sales of defense articles
Sec. 533A. Direct costs associated with meeting a foreign
customer's additional or unique requirements will continue to
be allowable under contracts under section 22(d) of the Arms
Export Control Act. Loadings applicable to such direct costs
shall be permitted at the same rates applicable to
procurement of like items purchased by the Department of
Defense for its own use.
pow/mia military drawdown
Sec. 534. (a) Notwithstanding any other provision of law,
the President may direct the drawdown, without reimbursement
by the recipient, of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training, of an aggregate
value not to exceed $15,000,000 in fiscal year 1997, as may
be necessary to carry out subsection (b).
(b) Such defense articles, services and training may be
provided to Vietnam, Cambodia and Laos, under subsection (a)
as the President determines are necessary to support efforts
to locate and repatriate members of the United States Armed
Forces and civilians employed directly or indirectly by the
United States Government who remain unaccounted for from the
Vietnam War, and to ensure the safety of United States
Government personnel engaged in such cooperative efforts and
to support United States Department of defense-sponsored
humanitarian projects associated with the POW/MIA efforts.
Any aircraft shall be provided under this section only to
Laos and only on a lease or loan basis, but may be provided
at no cost notwithstanding section 61 of the Arms Export
Control Act and may be maintained with defense articles,
services and training provided under this section.
(c) The President shall, within sixty days of the end of
any fiscal year in which the authority of subsection (a) is
exercised, submit a report to the Congress which identifies
the articles, services, and training drawn down under this
section.
mediterranean excess defense articles
Sec. 535. For the four-year period beginning on October 1,
1996, the President shall ensure that excess defense articles
will be made available under section 516 and 519 of the
Foreign Assistance Act of 1961 consistent with the manner in
which the President made available excess defense articles
under those sections during the four-year period that began
on October 1, 1992, pursuant to section 573(e) of the Foreign
Operations, Export Financing, Related Programs Appropriations
Act, 1990.
cash flow financing
Sec. 536. For each country that has been approved for cash
flow financing (as defined in section 25(d) of the Arms
Export Control Act, as added by section 112(b) of Public Law
99-83) under the Foreign Military Financing Program, any
Letter of Offer and Acceptance or other purchase agreement,
or any amendment thereto, for a procurement in excess of
$100,000,000 that is to be financed in whole or in part with
funds made available under this Act shall be submitted
through the regular notification procedures to the Committees
on Appropriations.
authorities for the peace corps, the inter-american foundation and the
african development foundation
Sec. 537. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corp Act, the
Inter-American Foundation Act, or the African Development
Foundation Act. The appropriate agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
impact on jobs in the united states
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export processing zone or
designated area in which the tax, tariff, labor, environment,
and safety laws of that country do not apply, in part or in
whole, to activities carried out within that zone or area,
unless the President determines and certifies that such
assistance is not likely to cause a loss of jobs within the
United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers
rights, as defined in section 502(a)(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That in
recognition that the application of this subsection should be
commensurate with the level of development of the recipient
country and sector, the provisions of this subsection shall
not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture.
authority to assist bosnia and herzegovina
Sec. 539. (a) The President is authorized to direct the
transfer, subject to prior notification of the Committees on
Appropriations, to the Government of Bosnia and Herzegovina,
without reimbursement of defense articles from the stocks of
the Department of Defense and defense services of the
Department of Defense of an aggregate value of not to exceed
$100,000,000 in fiscal years 1996 and 1997: Provided, That
the President certifies in a timely fashion to the Congress
that the transfer of such articles would assist that nation
in self-defense and thereby promote the security and
stability of the region.
(b) Within 60 days of any transfer under the authority
provided in subsection (a), and every 60 days thereafter, the
President shall report in writing to the Speaker of the House
of Representatives and the President pro tempore of the
Senate concerning the articles transferred and the
disposition thereof.
(c) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles provided under this section.
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 540. (a) Restrictions.--Notwithstanding any other
provision of law, no sanction, prohibition, or requirement
described in section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160),
with respect to Serbia or Montenegro, may cease to be
effective, unless--
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are met.
(b) Certification.--A certification described in this
subsection is a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity for Kosova and
the right of the people of Kosova to govern themselves; or
(B) the creation of an international protectorate for
Kosova;
(2) there is substantial improvement in the human rights
situation in Kosova;
(3) international human rights observers are allowed to
return to Kosova; and
(4) the elected government of Kosova is permitted to meet
and carry out its legitimate mandate as elected
representatives of the people of Kosova.
(c) Waiver Authority.--The President may waive the
application in whole or in part, of subsection (a) if the
President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs or to achieve a negotiated settlement of
the conflict in Bosnia and Herzegovina that is acceptable to
the parties.
special authorities
Sec. 541. (a) Funds appropriated in title II of this Act
that are made available for Afghanistan, Lebanon, and
Cambodia, and for victims of war, displaced children,
displaced Burmese, humanitarian assistance for Romania, and
humanitarian assistance for the peoples of Bosnia and
Herzegovina, Croatia, and Kosova, may be made available
notwith
[[Page 2515]]
standing any other provision of law: Provided, That any such
funds that are made available for Cambodia shall be subject
to the provisions of section 531(c) of the Foreign Assistance
Act of 1961 and section 906 of the International Security and
Development Cooperation Act of 1985: Provided further, That
none of the funds appropriated by this Act may be made
available for assistance for any country or organization that
the Secretary of State determines is cooperating, tactically
or strategically, with the Khmer Rouge in their military
operations, or to the military of any country that is not
acting vigorously to prevent its members from facilitating
the export of timber from Cambodia by the Khmer Rouge:
Provided further, That the Secretary of State shall submit a
report to the Committees on Appropriations by February 1,
1997, on whether there are any countries, organizations, or
militaries for which assistance is prohibited under the
previous proviso, the basis for such conclusions and, if
appropriate, the steps being taken to terminate assistance:
Provided further, That the prohibition on assistance to the
military of any country that is not acting vigorously to
prevent its members from facilitating the export of timber
from Cambodia by the Khmer Rouge may be waived by the
President if he determines and reports to the Committees on
Appropriations that is is important to the national security
interest of the United States to do so.
(b) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other
provision of law, for the purpose of supporting tropical
forestry and energy programs aimed at reducing emissions of
greenhouse gases, and for the purpose of supporting
biodiversity conservation activities: Provided, that such
assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) During fiscal year 1997, the President may use up to
$40,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding the funding ceiling
contained in subsection (a) of that section.
(d) The Agency for International Development may employ
personal services contractors, notwithstanding any other
provision of law, for the purpose of administering programs
for the West Bank and Gaza.
policy on terminating the arab league boycott of israel
Sec. 542. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel; and
(2) the President should--
(A) take more concrete steps to encourage vigorously Arab
League countries to renounce publicly the primary boycotts of
Israel and the secondary and tertiary boycotts of American
firms that have commercial relations with Israel as a
confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and the
secondary and tertiary boycotts of American firms that have
commercial relations with Israel when determining whether to
sell weapons to said county;
(C) report to Congress on the specific steps being taken by
the President to bring about a public renunciation of the
Arab primary boycott of Israel and the secondary and tertiary
boycotts of American firms that have commercial relations
with Israel; and
(D) encourage the allies and trading partners of the United
States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
anti-narcotics activities
Sec. 543. (a) Of the funds appropriated or otherwise made
available by this Act for ``Economic Support Fund'',
assistance may be provided to strengthen the administration
of justice in countries in Latin America and the Caribbean
and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in
judicial cases may be conducted notwithstanding section 660
of that Act.
(b) Funds made available pursuant to this section may be
made available notwithstanding section 534(c) and the second
and third sentences of section 534(e) of the Foreign
Assistance Act of 1961. Funds made available pursuant to
subsection (a) for Bolivia, Colombia and Peru may be made
available notwithstanding section 534(c) and the second
sentence of section 534(e) of the Foreign Assistance Act of
1961.
eligibility for assistance
Sec. 544. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1 and 10 of part
I of the Foreign Assistance Act of 1961: Provided, That the
President shall take into consideration, in any case in which
a restriction on assistance would be applicable but for this
subsection, whether assistance in support of programs of
nongovernmental organizations is in the national interest of
the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the
regular notification procedures of those committees,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 1997, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act
of 1954: Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally
recognized human rights.
earmarks
Sec. 544A. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision
of this or any other Act or, with respect to a country with
which the United States has an agreement providing the United
States with base rights or base access in that country, if
the President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enactment
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991; however, before exercising
the authority of this subsection with regard to a base rights
or base access country which has significantly reduced its
military or economic cooperation with the United States, the
President shall consult with, and shall provide a written
policy justification to the Committees on Appropriations:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds
appropriated by this Act and administered by the Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator
of such agency determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such earmarked funds can
be obligated during the original period of availability:
Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated
only for the purpose of such earmark.
ceilings and earmarks
Sec. 545. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such
Act specifically so directs.
prohibition on publicity or propaganda
Sec. 546. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of enactment
of this Act by the Congress: Provided, That not to exceed
$750,000 may be made available to carry out the provisions of
section 316 of Public Law 96-533.
use of american resources
Sec. 547. To the maximum extent possible, assistance
provided under this Act should make full use of American
resources, including commodities, products, and services.
prohibition of payments to united nations members
Sec. 548. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations.
consulting services
Sec. 549. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order pursuant to existing
law.
private voluntary organizations--documentation
Sec. 550. None of the funds appropriated or made available
pursuant to this Act shall be
[[Page 2516]]
available to a private voluntary organization which fails to
provide upon timely request any document, file, or record
necessary to the auditing requirements of the Agency for
International Development.
Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism
Sec. 551. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
40(d) of the Arms Export Control Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after the date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to
the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional
committees a report with respect to the furnishing of such
assistance. Any such report shall include a detailed
explanation of the assistance to be provided, including the
estimated dollar amount of such assistance, and an
explanation of how the assistance furthers United States
national interests.
Withholding of Assistance for Parking Fines Owed by Foreign Countries
Sec. 552. (a) In General.--Of the funds made available for
a foreign country under part I of the Foreign Assistance Act
of 1961, an amount equivalent to 110 percent of the total
unpaid fully adjudicated parking fines and penalties owed to
the District of Columbia by such country as of the date of
enactment of this Act shall be withheld from obligation for
such country until the Secretary of State certifies and
reports in writing to the appropriate congressional
committees that such fines and penalties are fully paid to
the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of
the Senate and the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives.
Limitation on Assistance for the PLO for the West Bank and Gaza
Sec. 553. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of
Public Law 104-107) or any other legislation to suspend or
maker inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided,
That if the President fails to make the certification under
section 604(b)(2) of the Middle East Peace Facilitation Act
of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza.
Export Financing Transfer Authorities
Sec. 554. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 1997 for programs under title I of this Act may
be transferred between such appropriations for use for any of
the purposes, programs and activities for which the funds in
such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the
Committees on Appropriations.
war crimes tribunals
Sec. 555. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$25,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That 60 days after
the date of enactment of this Act, and every 180 days
thereafter, the Secretary of State shall submit a report to
the Committees on Appropriations describing the steps the
United States Government is taking to collect information
regarding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tribunal
for the former Yugoslavia.
landmines
Sec. 556. Notwithstanding any other provision of law,
demining equipment available to the Agency for International
Development and the Department of State and used in support
of the clearing of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and conditions as
the President may prescribe: Provided, That section 1365(c)
of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 22 U.S.C., 2778 note) is amended by
striking out ``During the five-year period beginning on
October 23, 1992'' and inserting in lieu thereof ``During the
eight-year period beginning on October 23, 1992''.
restrictions concerning the palestinian authority
Sec. 557. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a
new office of any department or agency of the United States
Government for the purpose of conducting official United
States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restrictions shall not apply
to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such
authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and
employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition of payment of certain expenses
Sec. 558. None of the funds appropriated or otherwise made
available by this Act under the heading ``international
military education and training'' or ``foreign military
financing program'' for Informational Program activities may
be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program tips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
humanitarian corridors
Sec. 559. The Foreign Assistance Act of 1961 is amended by
adding immediately after section 620H the following new
section:
Sec. 6201. Prohibition on Assistance to Countries That
Restrict United States Humanitarian Assistance.--
``(a) In general.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any country when
it is made known to the President that the government of such
country prohibits or otherwise restricts, directly or
indirectly, the transport or delivery of United States
humanitarian assistance.
``(b) Exception.--Assistance may be furnished without
regard to the restriction in subsection (a) if the President
determines that to do so is in the national security interest
of the United States.
``(c) Notice.--Prior to making any determination under
subsection (b), the President shall notify the Committee on
International Relations, the Committee on Foreign Relations,
and the Committees on Appropriations of the Senate and House
of Representatives of his intention to make such a
determination, the effective date of the determination, and
the reasons for making the determination.''.
equitable allocation of funds
Sec. 560. Not more than 20 percent of the funds
appropriated by this Act to carry out the provisions of
sections 103 through 106 and chapter 4 of part II of the
Foreign Assistance Act of 1961, that are made available for
Latin America and the Caribbean region may be made available,
through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country in
such region.
purchase of american-made equipment and products
Sec. 561. (a) Sense of Congress.--It is the sense of the
Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in
this Act should be American-made.
(b) Notice Requirements.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
limitation of funds for north american development bank
Sec. 562. None of the Funds appropriated in this Act under
the heading ``North American Development Bank'' and made
available for the Community Adjustment and Investment Program
shall be used for purposes other than those set out in the
binational agreement establishing the Bank.
[[Page 2517]]
international development association
Sec. 563. In order to pay for the United States
contribution to the tenth replenishment of the resources of
the International Development Association authorized in
section 526 of Public Law 103-87, there is authorized to be
appropriated, without fiscal year limitation, $700,000,000
for payment by the Secretary of the Treasury.
special debt relief for the poorest
Sec. 564. (a) Authority To Reduce Debt.--The President may
reduce amounts owned to the United States (or any agency of
the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961; or
(2) credits extended or guarantees issued under the Arms
Export Control Act.
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris
Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provide in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
restructuring''.
(c) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for purposes of any provision of law limiting assistance to a
country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961.
authority to engage in debt buybacks or sales
Sec. 565. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President
may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
define in section 702(6) of that Act or on receipt of payment
from an eligible purchaser, reduce or cancel such loan or
portion thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or
debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price paid
for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of
such debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development,
in a manner consistent with sections 707 through 710 of the
foreign Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition of
any prior agreement relating to such loan.
(2) Terms and conditions--Notwithstanding any other
provision of law, the President shall, in accordance with
this section, establish the terms and conditions under which
loans may be sold, reduced, or canceled pursuant to this
section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify
the administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this
section. Such agency shall make an adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the
President should consult with the country concerning the
amount of loans to be sold, reduced, or canceled and their
uses for debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps.
(c) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
restructuring''.
liberia
Sec. 566. Funds appropriated by this Act may be made
available for assistance for Liberia notwithstanding section
620(q) of the Foreign Assistance Act of 1961 and section 512
of this Act.
guatemala
Sec. 567. (a) Funds provided in this Act may be made
available for the Guatemalan military forces, and the
restrictions on Guatemala under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' shall not apply, only if the President
determines and certifies to the Congress that the Guatemalan
military is cooperating fully with efforts to resolve human
rights abuses which elements of the Guatemalan military
forces are alleged to have committed, ordered or attempted to
thwart the investigation of, and with efforts to negotiate a
peace settlement.
(b) The prohibition contained in subsection (a) shall not
apply to funds made available to implement a ceasefire or
peace agreement.
(c) Any funds made available pursuant to subsections (a) or
(b) shall be subject to the regular notification procedures
of the Committees on Appropriations.
(d) Any funds made available pursuant to subsections (a)
and (b) for international military education and training may
only be for expanded international military education and
training.
sanctions against countries harboring war criminals
Sec. 568. (a) Bilateral Assistance.--The President is
authorized to withhold funds appropriated by this Act under
the Foreign Assistance Act of 1961 or the Arms Export Control
Act for any country described in subsection (c).
(b) Multilateral Assistance.--The Secretary of the Treasury
should instruct the United States executive directors of the
international financial institutions to work in opposition
to, and vote against, any extension by such institutions of
financing or financial or technical assistance to any country
described in subsection (c).
(c) Sanctioned Countries.--A country described in this
subsection is a country the government of which knowingly
grants sanctuary to persons in its territory for the purpose
of evading prosecution, where such persons--
(1) have been indicted by the International Criminal
Tribunal for the former Yugoslavia, the International
Criminal Tribunal for Rwanda, or any other international
tribunal with similar standing under international law, or
(2) have been indicted for war crimes or crimes against
humanity committed during the period beginning March 23, 1933
and ending on May 8, 1945 under the direction of, or in
association with--
(A) the Nazi government of Germany;
(B) any government in any area occupied by the military
forces of the Nazi government of Germany;
(C) any government which was established with the
assistance or cooperation of the Nazi government; or
(D) any government which was an ally of the Nazi government
of Germany.
limitation on assistance for haiti
Sec. 569. (a) Limitation.--None of the funds appropriated
or otherwise made available by this Act, may be provided to
the Government of Haiti until the President reports to
Congress that--
(1) the Government is conducting thorough investigations of
extrajudicial and political killings; and
(2) the Government is cooperating with United States
authorities in the investigations of political and
extrajudicial killings.
(b) Nothing in this section shall be construed to restrict
the provision of humanitarian, development, or electoral
assistance.
(c) The President may waive the requirements of this
section on a semiannual basis if he determines and certifies
to the appropriate committees of Congress that it is in the
national interest of the United States.
policy toward burma
Sec. 570. (a) Until such time as the President determines
and certifies to Congress that Burma has made measurable and
substantial progress in improving human rights practices and
implementing democratic government, the following sanctions
shall be imposed on Burma:
(1) Bilateral assistance.--There will be no United States
assistance to the Government of Burma, other than:
(A) humanitarian assistance,
(B) subject to the regular notification procedures of the
Committees on Appropria
[[Page 2518]]
tions, counter-narcotics assistance under chapter 8 of part I
of the Foreign Assistance Act of 1961, or crop substitution
assistance, if the Secretary of State certifies to the
appropriate congressional committees that--
(i) the Government of Burma is fully cooperating with
United States counter narcotics efforts, and
(ii) the programs are fully consistent with United States
human rights concerns in Burma and serve the United States
national interest, and
(C) assistance promoting human rights and democratic
values.
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to vote against any loan
or other utilization of funds of the respective bank to or
for Burma.
(3) Visas.--Except as required by treaty obligations or to
staff the Burmese mission to the United States, the United
States should not grant entry visas to any Burmese government
official.
(b) Conditional Sanctions.--The President is hereby
authorized to prohibit, and shall prohibit United States
persons from new investment in Burma, if the President
determines and certifies to Congress that, after the date of
enactment of this Act, the Government of Burma has physically
harmed, rearrested for political acts, or exiled Daw Aung San
Suu Kyi or has committed large-scale repression of or
violence against the Democratic opposition.
(c) Multilateral Strategy.--The President shall seek to
develop, in coordination with members of ASEAN and other
countries having major trading and investment interests in
Burma, a comprehensive, multilateral strategy to bring
democracy to and improve human rights practices and the
quality of life in Burma, including the development of a
dialogue between the State Law and Order Restoration Council
(SLORC) and democratic opposition groups within Burma.
(d) Presidential Reports.--Every six months following the
enactment of this Act, the President shall report to the
Chairmen of the Committee on Foreign Relations, the Committee
on International Relations and the House and Senate
Appropriations Committees on the following:
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of the
Burmese people, including progress on market reforms, living
standards, labor standards, use of forced labor in the
tourism industry, and environmental quality; and
(3) progress made in developing the strategy referred to in
subsection (c).
(e) Waiver Authority.--The President shall have the
authority to waive, temporarily or permanently, any sanction
referred to in subsection (a) or subsection (b) if he
determines and certifies to Congress that the application of
such sanction would be contrary to the national security
interests of the United States.
(e) Definitions.--
(1) The term ``international financial institutions'' shall
include the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral
Investment Guarantee Agency, the Asian Development Bank, and
the International Monetary Fund.
(2) The term ``new investment'' shall mean any of the
following activities if such an activity is undertaken
pursuant to an agreement, or pursuant to the exercise of
rights under such an agreement, that is entered into with the
Government of Burma or a nongovernmental entity in Burma, on
or after the date of the certification under subsection (b):
(A) the entry into a contract that includes the economical
development of resources located in Burma, or the entry into
a contract providing for the general supervision and
guarantee of another person's performance of such a contract;
(B) the purchase of a share of ownership, including an
equity interest, in that development;
(C) the entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation:
Provided, That the term ``new investment'' does not include
the entry into, performance of, or financing of a contract to
sell or purchase goods, services, or technology.
report regarding hong kong
Sec. 571. In light of the deficiencies in reports submitted
to the Congress pursuant to section 301 of the United States-
Hong Kong Policy Act (22 U.S.C. 5731), the Congress directs
that the additional report required to be submitted during
1997 under such section include detailed information on the
status of, and other developments affecting, implementation
of the Sino-British Joint Declaration on the Question of Hong
King, including--
(1) the Basic Law and its consistency with the Joint
Declaration;
(2) Beijing's plans to replace the elected legislature with
an appointed body;
(3) the openness and fairness of the election of the chief
executive and the executive's accountability to the
legislature;
(4) the treatment of political parties;
(5) the independence of the Judiciary and its ability to
exercise the power of final judgment over Hong Kong law; and
(6) the Bill of Rights.
use of funds for purchase of products not made in america
Sec. 572. The Administrator of the Agency for International
Development shall provide a report to the appropriate
committees of the Congress on the ability of the United
States Government to implement a provision of law (and on the
foreign policy implications of such a provision of law) which
would require that United States funds could be made
available to the government of a foreign country for the
purchase of any equipment or products only if such purchases
were to occur in such foreign country or the United States,
and substantially similar equipment and products were made in
the United States and available for purchase at a price that
is not more than 10 percent higher than that in other
countries.
conflict in chechnya
Sec. 573. The Secretary of State shall provide to the
Committees on Appropriations no later than 30 days from the
date of enactment of this Act a detailed report on actions
undertaken by the United States Government to resolve the
conflict in Chechnya.
extension of certain adjudication provisions
Sec. 575. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-
167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 1996'' and
inserting ``1996, and 1997''; and
(B) in subsection (e), by striking out ``October 1, 1996''
each place it appears and inserting ``October 1, 1997''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking out ``September 30, 1996'' and inserting
``September 30, 1997''.
transparency of budgets
Sec. 576. (a) Limitation.--Beginning three years after the
date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director
of each international financial institution to use the voice
and vote of the United States to oppose any loan or other
utilization of the funds of their respective institution,
other than to address basic human needs, for the government
of any country which the Secretary of the Treasury
determines--
(1) does not have in place a functioning system for a
civilian audit of all receipts and expenditures that fund
activities of the armed forces and security forces;
(2) has not provided a summary of a current audit to the
institution.
(b) Definition.--For purposes of this section, the term
``internation financial institution'' shall include the
institutions identified in section 532(b) of this Act.
guarantees
Sec. 577. Section 251(b)(2)(G) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
``fiscal year 1994 and 1995'' and inserting in lieu thereof
``fiscal years 1994, 1995, and 1997'' in both places that
this appears.
information on cooperation with United States anti-terrorism efforts in
annual country reports on terrorism
Sec. 578. Section 140 of the Foreign Relations
Authorization Act, fiscal years 1988 and 1989 (22 U.S.C.
2656f) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) with respect to each foreign country from which the
United States Government has sought cooperation during the
previous five years in the investigation or prosecution of an
act of international terrorism against United States citizens
or interests, information on--
``(A) the extent to which the government of the foreign
country is cooperating with the United States Government in
apprehending, convicting, and punishing and individual or
individuals responsible for the act; and
``(B) the extent to which the government of the foreign
country is cooperating in preventing further acts of
terrorism against United States citizens in the foreign
country; and
``(4) with respect to each foreign country from which the
United States Government has sought cooperation during the
previous five years in the prevention of an act of
international terrorism against such citizens or interests,
the information described in paragraph (3)(B).''; and
(2) in subsection (c)--
(A) by striking ``The report'' and inserting ``(1) Except
as provided in paragraph (2), the report'';
(B) by indenting the margin of paragraph (1) as so
designated, 2 ems; and
(C) by adding at the end the following:
``(2) If the Secretary of State determines that the
transmittal of the information with respect to a foreign
country under paragraph (3) of (4) of subsection (a) in
classified form would make more likely the cooperation of the
government of the foreign country as specified in such
paragraph, the Secretary may transmit the information under
such paragraph in classified form.''.
female genital mutilation
Sec. 579. (a) Limitation.--Beginning 1 year after the date
of the enactment of this Act, the Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other utilization
of the funds of
[[Page 2519]]
their respective institution, other than to address basic
human needs, for the government of any country which the
Secretary of the Treasury determines--
(1) has, as a cultural custom, a known history of the
practice of female genital mutilation; and
(2) has not taken steps to implement educational programs
designed to prevent the practice of female genital
mutilation.
(B) Definition.--For purposes of this section, the term
``international financial'' shall include the institutions
identified in section 532(b) of this Act.
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
STATE
Sec. 580. (a) Foreign Aid Reporting Requirement.--In
addition to the voting practices of a foreign country, the
report required to be submitted to Congress under section
406(a) of the Foreign Relations Authorization Act fiscal
years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
by-side comparison of individual countries' overall support
for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal
year 1996.
(b) United States Assistance.--For purposes of this
section, the term ``United States assistance'' has the
meaning given the term in section 481(e)(4) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 581. (a) Prohibition on Voluntary Contributions for
the United Nations.--None of the funds appropriated or
otherwise made available by this Act may be made available to
pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development
Program) if the United Nations implements or imposes any
taxation on any United States persons.
(b) Certification Required for Disbursement of Funds.--None
of the funds appropriated or otherwise made available under
this Act may be made available to pay any voluntary
contribution of the United States to the United Nations
(including the United Nations Development Program) unless the
President certifies to the Congress 15 days in advance of
such payment that the United Nations is not engaged in any
effort to implement or impose any taxation on United States
persons in order to raise revenue for the United Nations or
any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United
States person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
HAITI
Sec. 582. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the civilian-led
Haitian National Police and Coast Guard: Provided, That the
authority provided by this section shall be subject to the
regular notification procedures of the Committees on
Appropriations.
refugee status for adult children of former vietnamese reeducation camp
internees resettled under the orderly departure program
Sec. 584. (a) Eligibility for Orderly Departure Program.--
For purposes of eligibility for the Orderly Departure Program
for nationals of Vietnam, during fiscal year 1997, an alien
described in subsection (b) shall be considered to be a
refugee of special humanitarian concern to the United States
within the meaning of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) and shall be admitted to the
United States for resettlement if the alien would be
admissible as an immigrant under the Immigration and
Nationality Act (except as provided in section 207(c)(3) of
that Act).
(b) Aliens Covered.--An alien described in this subsection
is an alien who--
(1) is the son or daughter of a national of Vietnam who--
(A) was formerly interned in a reeducation camp in Vietnam
by the Government of the Socialist Republic of Vietnam; and
(B) has been accepted for resettlement as a refugee under
the Orderly Departure Program on or after April 1, 1995;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program.
(c) Supersedes Existing Law.--This section supersedes any
other provision of law.
north korea
Sec. 585. Ninety days after the date of enactment of this
Act, and every 180 days thereafter, the Secretary of State,
in consultation with the Secretary of Defense, shall provide
a report in a classified or unclassified form to the
Committee on Appropriations including the following
information:
(a) a best estimate on fuel used by the military forces of
the Democratic People's Republic of Korea (DPRK);
(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the
associated costs of these activities;
(c) steps taken to reduce the DPRK level of forces; and
(d) cooperation, training, or exchanges of information,
technology or personnel between the DPRK and any other nation
supporting the development or deployment of a ballistic
missile capability.
limitation on assistance to mexico
Sec. 587. Not less than $2,500,000 of the funds
appropriated or otherwise made available by this Act for the
Government of Mexico shall be withheld from obligation until
the President has determined and reported to Congress that--
(1) the Government of Mexico is taking actions to reduce
the amount of illegal drugs entering the United States from
Mexico; and
(2) the Government of Mexico--
(A) is taking effective actions to apply vigorously all law
enforcement resources to investigate, track, capture,
incarcerate, and prosecute individuals controlling,
supervising, or managing international narcotics cartels or
other similar entities and the accomplices of such
individuals, individuals responsible for, or otherwise
involved in, corruption, and individuals involved in money-
laundering;
(B) is pursuing international anti-drug trafficking
initiatives;
(C) is cooperating fully with international efforts at
narcotics interdiction; and
(D) is cooperating fully with requests by the United States
for assistance in investigations of money-laundering
violations and is making progress toward implementation of
effective laws to prohibit money-laundering.
limitation of assistance to turkey
Sec. 588. Not more than $22,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' may be made available to the Government of Turkey.
civil liability for acts of state sponsored terrorism
Sec. 589. (a) an official, employee, or agent of a foreign
state designated as a state sponsor of terrorism designated
under section 6(j) of the Export Administration Act of 1979
while acting within the scope of his or her office,
employment, or agency shall be liable to a United States
national or the national's legal representative for personal
injury or death caused by acts of that official, employee, or
agent for which the courts of the United States may maintain
jurisdiction under section 1605(a)(7) of title 28, United
States Code, for money damages which may include economic
damages, solatium, pain, and suffering, and punitive damages
if the acts were among those described in section 1605(a)(7).
(b) Provisions related to statute of limitations and
limitations on discovery that would apply to an action
brought under 28 U.S.C. 1605(f) and (g) shall also apply to
actions brought under this section. No action shall be
maintained under this action if an official, employee, or
agent of the United States, while acting within the scope of
his or her office, employment, or agency would not be liable
for such acts if carried out within the United States.
Titles I through V of this Act may be cited as the
``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997''.
TITLE VI
NATO ENLARGEMENT FACILITATION ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ``NATO Enlargement
Facilitation Act of 1996''.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Organization
(NATO) has played an essential role in guaranteeing the
security, freedom, and prosperity of the United States and
its partners in the Alliance.
(2) The NATO Alliance is, and has been since its inception,
purely defensive in character, and it poses no threat to any
nation. The enlargement of the NATO Alliance to include as
full and equal members emerging democracies in Central And
Eastern Europe will serve to reinforce stability and security
in Europe by fostering their integration into the structures
which have created and sustained peace in Europe since 1945.
Their admission into NATO will not threaten any nation.
America's security, freedom, and prosperity remain linked to
the security of the countries of Europe.
(3) The sustained commitment of the member countries of
NATO to a mutual defense has made possible the democratic
transformation of Central and Eastern Europe. Members of the
Alliance can and should play a critical role in addressing
the security challenges of the post-Cold War era and in
creating the stable environment needed for those emerging
democracies in Central and Eastern Europe to successfully
complete political and economic transformation.
(4) The United States continues to regard the political
independence and territorial integrity of all emerging
democracies in Central and Eastern Europe as vital to
European peace and security.
(5) The active involvement by the countries of Central and
Eastern Europe has made the Partnership for Peace program an
important forum to foster cooperation between NATO and those
countries seeking NATO membership.
(6) NATO has enlarged its membership on 3 different
occasions since 1949.
(7) Congress supports the admission of qualified new
members to NATO and the European Union at an early date and
has sought to facilitate the admission of qualified new
members into NATO.
(8) Lasting security and stability in Europe requires not
only the military integration of
[[Page 2520]]
emerging democracies in Central and Eastern Europe into
existing European structures, but also the eventual economic
and political integration of these countries into existing
European structures.
(9) As new members of NATO assume the responsibilities of
Alliance membership, the costs of maintaining stability in
Europe should be shared more widely. Facilitation of the
enlargement process will require current members of NATO, and
the United States in particular, to demonstrate the political
will needed to build on successful ongoing programs such as
the Warsaw Initiative and the Partnership for Peace by making
available the resources necessary to supplement efforts
prospective new members are themselves undertaking.
(10) New members will be full members of the Alliance,
enjoying all rights and assuming all the obligations under
the North Atlantic Treaty, signed at Washington on April 4,
1949 (hereafter in this Act referred to as the ``Washington
Treaty'').
(11) In order to assist emerging democracies in Central and
Eastern Europe that have expressed interest in joining NATO
to be prepared to assume the responsibilities of NATO
membership, the United States should encourage and support
efforts by such countries to develop force structure and
force modernization priorities that will enable such
countries to contribute to the full range of NATO missions,
including, most importantly, territorial defense of the
Alliance.
(12) Cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe
that have expressed interest in joining NATO, such as the
Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint
Peacekeeping Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to European peace
and security and international peacekeeping efforts, can
assist those countries preparing to assume the
responsibilities of possible NATO membership, and accordingly
should receive appropriate support from the United States.
(13) NATO remains the only multilateral security
organization capable of conducting effective military
operations and preserving security and stability of the Euro-
Atlantic region.
(14) NATO is an important diplomatic forum and has played a
positive role in defusing tensions between members of the
Alliance and, as a result, no military action has occurred
between two Alliance member states since the inception of
NATO in 1949.
(15) The admission to NATO of emerging democracies in
Central and Eastern Europe which are found to be in a
position to further the principles of the Washington Treaty
would contribute to international peace and enhance the
security of the region. Countries which have become
democracies and established market economies, which practice
good neighborly relations, and which have established
effective democratic civilian control over their defense
establishments and attained a degree of interoperability with
NATO, should be evaluated for their potential to further the
principles of the Washington Treaty.
(16) Democratic civilian control of defense forces is an
essential element in the process of preparation for those
states interested in possible NATO membership.
(17) Protection and promotion of fundamental freedoms and
human rights is an integral aspect of genuine security, and
in evaluating requests for membership in NATO, the human
rights records of the emerging democracies in Central and
Eastern Europe should be evaluated according to their
commitments to fulfill in good faith the human rights
obligations of the Charter of the United Nations, the
principles of the Universal Declaration on Human Rights, and
the Helsinki Final Act.
(18( A number of Central and Eastern European countries
have expressed interest in NATO membership, and have taken
concrete steps to demonstrate this commitment, including
their participation in Partnership for Peace activities.
(19) The Caucasus region remains important geographically
and politically to the future security of Central Europe. As
NATO proceeds with the process of enlargement, the United
States and NATO should continue to examine means to
strengthen the sovereignty and enhance the security of United
Nations recognized countries in that region.
(20) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at the
same pace, the accession date for each new member will vary.
(21) The provision of additional NATO transition assistance
should include those emerging democracies most ready for
closer ties with NATO and should be designed to assist other
countries meeting specified criteria of eligibility to move
forward toward eventual NATO membership.
(22) The Congress of the united States finds in particular
that Poland, Hungary, and the Czech Republic have made
significant progress toward achieving the criteria set forth
in section 203(d)(3) of the NATO Participation Act of 1994
and should be eligible for the additional assistance
described in this Act.
(23) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe should be
based on the progress of those nations in meeting criteria
for NATO membership, which require enhancement of NATO's
security and the approval of all NATO members.
(24) The process of NATO enlargement entails the consensus
agreement of the governments of all 16 NATO members and
ratification in accordance with their constitutional
procedures.
(25) Some NATO members, such as Spain and Norway, do not
allow the deployment of nuclear weapons on their territory
although they are accorded the full collective security
guarantees provided by Article 5 of the Washington Treaty.
There is no a priori requirement for the stationing of
nuclear weapons on the territory of new NATO members,
particularly in the current security climate. However, NATO
retains the right to alter its security posture at any time
as circumstances warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States--
(1) to join with the NATO allies of the United States to
adapt the role of the NATO Alliance in the post-Cold War
world;
(2) to actively assist the emerging democracies in Central
and Eastern Europe in their transition so that such countries
may eventually qualify for NATO membership;
(3) to support the enlargement of NATO in recognition that
enlargement will benefit the interests of the United States
and the Alliance and to consider these benefits in any
analysis of the costs of NATO enlargement;
(4) to ensure that all countries in Central and Eastern
Europe are fully aware of and capable of assuming the costs
and responsibilities of NATO membership, including the
obligation set forth in Article 10 of the Washington Treaty
that new members be able to contribute to the security of the
North Atlantic area; and
(5) to work to define a constructive and cooperative
political and security relationship between an enlarged NATO
and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT
OF NATO.
It is the sense of the Congress that in order to promote
economic stability and security in Slovakia, Estonia, Latvia,
Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
(1) the United States should continue and expand its
support for the full and active participation of these
countries in activities appropriate for qualifying for NATO
membership;
(2) the United States Government should use all diplomatic
means available to press the European Union to admit as soon
as possible any country which qualifies for membership;
(3) the United States Government and the North Atlantic
Treaty Organization should continue and expand their support
for military exercises and peacekeeping initiatives between
and among these nations, nations of the North Atlantic Treaty
Organization, and Russia; and
(4) the process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be
limited to consideration of admitting Poland, Hungary, the
Czech Republic, and Slovenia as full members of the NATO
Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND
LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia,
Lithuania into the Soviet Union in 1940 under the Molotov-
Ribbentrop Pact and the refusal of the United States and
other countries to recognize that incorporation of over 50
years, it is the sense of the Congress that--
(1) Estonia, Latvia, and Lithuania have valid historical
security concerns that must be taken into account by the
United States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of their
forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO
ENLARGEMENT ASSISTANCE.
(a) In General.--The following countries are designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994
and shall be deemed to have been so designated pursuant to
section 203(d)(1) of such Act: Poland, Hungary, and the Czech
Republic.
(b) Designation of Slovenia.--Effective 90 days after the
date of enactment of this Act, Slovenia is designated as
eligible to receive assistance under the program established
under section 203(a) of the NATO Participation Act of 1994,
and shall be deemed to have been so designated pursuant to
section 203(d) of such Act, unless the President certifies
the Congress prior to such effective date that Slovenia fails
to meet the criteria under section 203(d)(3) of such Act.
(c) Designation of Other Countries.--The President shall
designate other emerging democracies in Central and Eastern
Europe a eligible to receive assistance under the program
established under section 203(a) of such Act if such
countries--
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with NATO in
preparation for accession;
(3) are strategically significant to an effective NATO
defense; and
(4) meet the other criteria outlined in section 203(d)(3)
of the NATO Participation Act of 1994 (title II of Public Law
103-447; 22 U.S.C. 1928 note).
(d) Rule of Construction.--Nothing in this section
precludes the designation by the President of Estonia,
Latvia, Lithuania, Romania, Slovakia, Bulgaria, Albania,
[[Page 2521]]
Moldova, Ukraine, or any other emerging democracy in Central
and Eastern Europe pursuant to section 203(d) of the NATO
Participation Act of 1994 as eligible to receive assistance
under the program established under section 203(a) of such
Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO
ENLARGEMENT ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established
under section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be
appropriated by subsection (a)--
(1) not less than $20,000,000 shall be available for the
cost, as defined in section 502(5) of the Credit Reform Act
of 1990, of direct loans pursuant to the authority of section
203(c)(4) of the NATO Participation Act of 1994 (relating to
the ``Foreign Military Financing Program'');
(2) not less than $30,000,000 shall be available for
assistance on a grant basis pursuant to the authority of
section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program''); and
(3) not more than $10,000,000 shall be available for
assistance pursuant to the authority of section 203(c)(3) of
the NATO Participation Act of 1994 (relating to international
military education and training).
(c) Rule of Construction.--Amounts authorized to be
appropriated under this section are authorized to be
appropriated in addition to such amounts as otherwise may be
available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR
PEACE INFORMATION MANAGEMENT SYSTEM.
(a) In General.--To the extent provided in advance in
appropriations acts for such purposes, funds described in
subsection (b) are authorized to be made available to support
the implementation of the Regional Airspace Initiative and
the Partnership for Peace Information Management System,
including--
(1) the procurement of items in support of these programs;
and
(2) the transfer of such items to countries participating
in these programs.
(b) Funds Described.--Funds described in this subsection
are funds that are available--
(1) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible for assistance
under that Act; or
(2) during fiscal year 1997 under any Act to carry out the
Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other provision
of law, the delivery of excess defense articles under the
authority of section 203(c) (1) and (2) of the NATO
Participation Act of 1994 and section 516 of the Foreign
Assistance Act of 1961 shall be given priority to the maximum
extent feasible over the delivery of such excess defense
articles to all other countries except those countries
referred to in section 541 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1995
(Public Law 103-306; 108 Stat. 1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The
Congress encourages the President to provide excess defense
articles and other appropriate assistance to cooperative
regional peacekeeping initiatives involving emerging
democracies in Central and Eastern Europe that have expressed
an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and
international peacekeeping efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to
modernize the defense capability of Poland, Hungary, the
Czech Republic, Slovenia, and any other countries designated
by the President pursuant to section 203(d) of the NATO
Participation Act of 1994, by exploring with such countries
options for the sale or lease to such countries of weapons
systems compatible with those used by NATO members, including
air defense systems, advanced fighter aircraft, and
telecommunications infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) Termination of Eligibility.--The eligibility of a
country designated pursuant to subsection (a) or (b) of
section 606 or pursuant to section 203(d) of the NATO
Participation Act of 1994 may be terminated upon a
determination by the President that such country does not
meet the criteria set forth in section 203(d)(3) of the NATO
Participation Act of 1994.
(b) Notification.--At least 15 days before terminating the
eligibility of any country pursuant to subsection (a), the
President shall notify the congressional committees specified
in section 634A of the Foreign Assistance Act of 1961 in
accordance with the procedures applicable to reprogramming
notifications under that section.
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION
ACT.
The NATO Participation Act of 1994 (title II of Public Law
103-447; 22 U.S.C. 1928 note) is amended in sections 203(a),
203(d)(1), and 203(d)(2) by striking ``countries emerging
from communist domination'' each place it appears and
inserting ``emerging democracies in Central and Eastern
Europe''.
TITLE VII--MIDDLE EAST DEVELOPMENT BANK
SEC. 701. SHORT TITLE.
This title may be cited as the ``Bank for Economic
Cooperation and Development in the Middle East and North
Africa Act''
SEC. 702. ACCEPTANCE OF MEMBERSHIP.
The President is hereby authorized to accept membership for
the United States in the Bank for Economic Cooperation and
Development in the Middle East and North Africa (in this
title referred to as the ``Bank'') provided for by the
agreement establishing the Bank (in this title referred to as
the ``Agreement''), signed on May 31, 1996.
SEC. 703. GOVERNOR AND ALTERNATIVE GOVERNOR.
(a) Appointment.--At the inaugural meeting of the Board of
Governors of the Bank, the Governor and the alternate for the
Governor of the International Bank for Reconstruction and
Development, appointed pursuant to section 3 of the Bretton
Woods Agreements Act, shall serve ex-officio as a Governor
and the alternate for the Governor, respectively, of the
Bank. The President, by and with the advice and consent of
the Senate, shall appoint a Governor of the Bank and an
alternate for the Governor.
(b) Compensation.--Any person who serves as a Governor of
the Bank or as an alternate for the Governor may not receive
any salary or other compensation from the United States by
reason of such service.
SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON
WOODS AGREEMENTS ACT.
Section 4 of the Bretton Woods Agreements Act shall apply
to the Bank in the same manner in which such section applies
to the International Bank for Reconstruction and Development
and the International Monetary Fund.
SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.
Any Federal Reserve Bank which is requested to do so by the
Bank may act as its depository, or as its fiscal agent, and
the Board of Governors of the Federal Reserve System shall
exercise general supervision over the carrying out of these
functions.
SEC. 706. SUBSCRIPTION OF STOCK.
(a) Subscription Authority.--
(1) In General.--The Secretary of the Treasury may
subscribe on behalf of the United States to not more than
7,011,270 shares of the capital stock of the Bank.
(2) Effectiveness of subscription commitment.--Any
commitment to make such subscription shall be effective only
to such extent or in such amounts as are provided for in
advance by appropriations Acts.
(b) Limitations on Authorization of Appropriations.--For
payment by the Secretary of the Treasury of the subscription
of the United States for shares described in subsection (a),
there are authorized to be appropriated $1,050,007,800
without fiscal year limitation.
(c) Limitations on Obligation of Appropriated Amounts for
Shares of Capital Stock.--
(1) Paid-in capital stock.--
(A) In general.--Not more than $105,000,000 of the amounts
appropriated pursuant to subsection (b) may be obligated for
subscription to shares of paid-in capital stock.
(B) Fiscal year 1997. Not more than $52,500,000 of the
amounts appropriated pursuant to subsection (b) for fiscal
year 1997 may be obligated for subscription to shares of
paid-in capital stock.
(2) Callable capital stock.--Not more than $787,505,852 of
the amounts appropriated pursuant to subsection (b) may be
obligated for subscription to shares of callable capital
stock.
(d) Disposition of Net Income Distributions by the Bank.--
Any payment made to the United States by the Bank as a
distribution of net income shall be covered into the Treasury
as a miscellaneous receipt.
SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR
AGAINST THE BANK.
(a) Jurisdiction.--The United States district courts shall
have original and exclusive jurisdiction of any civil action
brought in the United States by or against the Bank.
(b) Venue.--For purposes of section 1391(b) of title 28,
United States Code, the Bank shall be deemed to be a resident
of the judicial district in which the principal office of the
Bank in the United States, or its agent appointed for the
purpose of accepting service or notice of service, is
located.
SEC. 708. EFFECTIVENESS OF AGREEMENT.
The Agreement shall have full force and effect in the
United States, its territories and possessions, and the
Commonwealth of Puerto Rico, upon acceptance of membership by
the United States in the Bank and the entry into force of the
Agreement.
SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CERTAIN
SECURITIES ISSUED BY THE BANK; REPORTS
REQUIRED.
(a) Exemption from Securities Laws; Reports to Securities
and Exchange Commission.--Any securities issued by the Bank
(including any guaranty by the Bank, whether or not limited
in scope) in connection with borrowing of funds, or the
guarantee of securities as to both principal and interest,
shall be deemed to be exempted securities within the meaning
of section 3(a)(2) of the Securities Act of 1933 and section
3(a)(12) of the Securities Exchange Act of 1934. The Bank
shall file with the Securities and Exchange Commission such
annual and other reports with regard to such securities as
the Commission shall determine to be appropriate in view of
the special character of the Bank and its operations and
necessary in the public interest or for the protection of
investors.
(b) Authority of Securities and Exchange Commission to
Suspend Exemption; Reports to the Congress.--The Securities
and Exchange Commission, acting in consultation with
such agency or officer as the President shall
designate, may suspend
[[Page 2522]]
the provisions of subsection (a) at any time as any
or all securities issued or guaranteed by
the Bank during the period of such suspension. The Commission
shall include in its annual reports to the Congess such
information as it shall deem advisable with regard to the
operations and effect of this section.
SEC. 710. TECHNICAL AMENDMENTS.
(a) Annual Report Required on Participation of the United
States in the Bank.--Section 1701(c)(2) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(2)) is amended
by inserting ``Bank for Economic Cooperation and Development
in the Middle East and North Africa,'' after ``Inter-American
Development Bank''.
(b) Exemption from Limitations and Restrictions on Power of
National, Banking Associations To Deal in and Underwrite
Investment Securities of the Bank.--The seventh sentence of
paragraph 7 of section 5136 of the Revised Statutes of the
United States (12 U.S.C. 24) is amended by inserting ``Bank
for Economic Cooperation and Development in the Middle East
and North Africa,'' after ``the Inter-American Development
Bank''.
(c) Benefits for United States Citizen-Representatives to
the Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2)
is amended by inserting ``the Bank for Economic Cooperation
and Development in the Middle East and North Africa,'' after
``the Inter-American Development Bank,''.
(d) For programs, projects or activities in the Department
of the Interior and Related Agencies Appropriations Act,
1997, provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
AN ACT Making appropriations for the Department of the
Interior, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$572,164,000, to remain available until expended, of which
$2,010,000 shall be available for assessment of the mineral
potential of public lands in Alaska pursuant to section 1010
of Public Law 96-487 (16 U.S.C. 3150); and of which
$3,000,000 shall be derived from the special receipt account
established by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l-6a(i)); and of which $1,000,000
shall be available in fiscal year 1997 subject to a match by
at least an equal amount by the National Fish and Wildlife
Foundation, to such Foundation for challenge cost share
projects supporting fish and wildlife conservation affecting
Bureau lands; in addition, $27,300,000 for Mining Law
Administration program operations, to remain available until
expended, to be reduced by amounts collected by the Bureau
and credited to this appropriation from annual mining claim
fees so as to result in a final appropriation estimated at
not more than $572,164,000; and in addition, not to exceed
$5,000,000, to remain available until expended, from annual
mining claim fees; which shall be credited to this account
for the costs of administering the mining claim fee program,
and $2,000,000 from communication site rental fees
established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations
herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the
Bureau or its contractors: Provided further, That in fiscal
year 1997 and thereafter, all fees, excluding mining claim
fees, in excess of the fiscal year 1996 collections
established by the Secretary of the Interior under the
authority of 43 U.S.C. 1734 for processing, recording, or
documenting authorizations to use public lands or public land
natural resources (including cultural, historical, and
mineral) and for providing specific services to public land
users, and which are not presently being covered into any
Bureau of Land Management appropriation accounts, and not
otherwise dedicated by law for a specific distribution, shall
be made immediately available for program operations in this
account and remain available until expended.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency
rehabilitation by the Department of the Interior,
$252,042,000, to remain available until expended, of which
not to exceed $5,025,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds
are also available for repayment of advances to other
appropriation accounts from which funds were previously
transferred for such purposes: Provided further, That persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without costs from funds available from this
appropriation: Provided further, That unobligated balances of
amounts previously appropriated to the ``Fire Protection''
and ``Emergency Department of the Interior Firefighting
Fund'' may be transferred to this appropriation.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$12,000,000, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302, sums recovered from or
paid by a party in advance of or as reimbursement for
remedial action or response activities conducted by the
Department pursuant to sections 107 or 113(f) of such Act,
shall be credited to this account to be available until
expended without further appropriation: Provided further,
That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or
other personal or real property, which may be retained,
liquidated, or otherwise disposed of by the Secretary and
which shall be credited to this account.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $4,333,000, to
remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-07), $113,500,000, of which
not to exceed $400,000 shall be available for administrative
expenses.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579 including administrative expenses
and acquisition of lands or waters, or interests therein,
$10,410,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $100,515,000, to remain available until
expended: Provided, That 25 per centum of the aggregate of
all receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 per centum of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $9,113,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be con
[[Page 2523]]
tributed under section 307 of the Act of October 21, 1976 (43
U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on his certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.
The Bureau of Land Management's Visitor Center in Rand,
Oregon is hereby named the ``William B. Smullin Visitor
Center''.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the
general administration of the United States Fish and Wildlife
Service; for maintenance of the herd of long-horned cattle on
the Wichita Mountains Wildlife Refuge; and not less than
$1,000,000 for high priority projects within the scope of the
approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13,
1970, as amended, $523,947,000, to remain available until
September 30, 1998, of which $11,557,000 shall remain
available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of
Engineers under the Lower Snake River Compensation Plan,
authorized by the Water Resources Development Act of 1976, to
compensate for loss of fishery resources from water
development projects on the Lower Snake River, and of which
$2,000,000 shall be provided to local governments in southern
California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall
remain available until expended Provided, That hereafter,
pursuant to 31 U.S.C. 9701, the Secretary shall charge
reasonable fees for the full costs of providing training by
the National Education and Training Center, to be credited to
this account, notwithstanding 31 U.S.C. 3302, for the direct
costs of providing such training.
construction
For construction and acquisition of buildings and other
facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and
interests therein; $43,365,000 to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601,
et seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380), and Public Law 101-337; $4,000,000, to remain
available until expended.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
11), including administrative expenses, and for acquisition
of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and
Wildlife Service, $44,479,000, of which $3,000,000 is
authorized to be appropriated and shall be used to establish
the Clarks River National Wildlife Refuge in Kentucky, to be
derived from the Land and Water Conservation Fund, to remain
available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $14,085,000, for grants to States, to be derived
from the Cooperative Endangered Species Conservation Fund,
and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the
African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-
4213, 4221-4225, 4241-4245, and 1538), $1,000,000, to remain
available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $9,750,000, to remain available until expended.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund,
$400,000, to remain available until expended, to carry out
the Rhinoceros and Tiger Conservation Act of 1994 (Public Law
103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 83 passenger motor vehicles of which 73 are for
replacement only (including 43 for police-type use); not to
exceed $400,000 for payment, at the discretion of the
Secretary, for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement
activities, authorized or approved by the Secretary and to be
accounted for solely on his certificate; repair of damage to
public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of
land at not to exceed $1 for each option; facilities incident
to such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are utilized pursuant to law in
connection with management and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly-produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding any
other provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Report
103-551: Provided further, That section 101(c) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 is
amended in section 315(c)(1)(E) (110 Stat. 1321-201; 16
U.S.C. 460l-6a note) by striking ``distributed in accordance
with section 201(c) of the Emergency Wetlands Resources Act''
and inserting ``available to the Secretary of the Interior
until expended to be used in accordance with clauses (i),
(ii), and (iii) of section 201(c)(A) of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3911(c)(A))''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
including not to exceed $1,593,000 for the Volunteers-in-
Parks program, and not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall
be carried out by the Youth Conservation Corps as authorized
by 16 U.S.C. 1706, $1,152,311,000 without regard to 16 U.S.C.
451, of which $800,000,000 for research, planning and
interagency coordination in support of land acquisition for
Everglades restoration shall remain available until expended,
and of which not to exceed $72,000,000, to remain available
until expended is to be derived from the special fee account
established pursuant to title V, section 5201, of Public Law
100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, environmental compliance
and review, international park affairs, statutory or
contractual aid for other activities, and grant
administration, not otherwise provided for, $37,976,000
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
$36,612,000 to be derived from the Historic Preservation
Fund, to remain available until September 30, 1998.
construction
For construction, improvements, repair or replacement of
physical facilities including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $163,444,000 to remain available until
expended, of which $270,000 shall be used for appropriate
fish restoration projects not related to dam removal
including reimbursement to the State of
[[Page 2524]]
Washington for emergency actions taken to protect the 1996
run of fall chinook salmon on the Elwha River: Provided, That
funds previously provided under this heading that had been
made available to the City of Hot Springs, Arkansas, to be
used for a flood protection feasibility study, are now made
available to the City of Hot Springs for the rehabilitation
of the Federally-constructed Hot Springs Creek Arch,
including the portion within Hot Springs National Park.
LAND AND WATER CONSERVATION FUND
(rescission)
The contract authority provided for fiscal year 1997 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
11), including administrative expenses, and for acquisition
of lands or waters, or interest therein, in accordance with
statutory authority applicable to the National Park Service,
$53,915,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, of
which $1,500,000 is to administer the State assistance
program: Provided, That any funds made available for the
purpose of acquisition of the Elwha and Glines dams shall be
used solely for acquisition, and shall not be expended until
the full purchase amount has been appropriated by the
Congress; Provided further, That of the funds provided
herein, $9,000,000 is available for acquisition of the
Sterling Forest, subject to authorization.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 404 passenger
motor vehicles, of which 287 shall be for replacement only,
including not to exceed 320 for police-type use, 13 buses,
and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913: Provided further, That none of
the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day
in which either House of Congress is not in session because
of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may in fiscal year 1997 and
thereafter enter into cooperative agreements that involve the
transfer of National Park Service appropriated funds to
State, local and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
for the public purpose of carrying out National Park Service
programs pursuant to 31 U.S.C. 6305 to carry out public
purposes of National Park Service programs.
Nothwithstanding any other provision of law, remaining
balances, including interest, from funds granted to the
National Park Foundation pursuant to the National Park System
Visitor Facilities Fund Act of 1983 (Public Law 97-433, 96
Stat. 2277) shall be available to the National Park
Foundation for expenditure in units of the National Park
System for the purpose of improving visitor facilities.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and
possessions, and other areas as authorized by 43 U.S.C. 31,
1332 and 1340; classify lands as to their mineral and water
resources; give engineering supervision to power permittees
and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641);
and publish and disseminate data relative to the foregoing
activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $738,913,000 of which $64,559,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $16,000,000
shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and
materials processing industries; and of which $137,500,000
shall be available until September 30, 1998 for the
biological research activity and the operation of the
Cooperative Research Units: Provided, That none of these
funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That beginning in fiscal year 1998 and once
every five years thereafter, the National Academy of Sciences
shall review and report on the biological research activity
of the Survey: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed
53 passenger motor vehicles, of which 48 are for replacement
only; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing
of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly
appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302, et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only; $156,955,000, of which not less than
$70,063,000 shall be available for royalty management
activities; and an amount not to exceed $41,000,000 for the
Technical Information Management System and activities of the
Outer Continental Shelf (OCS) Lands Activity, to be credited
to this appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates
in effect on August 5, 1993, from rate increases to fee
collections for OCS administrative activities performed by
the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for
OCS administrative activities established after September 30,
1993: Provided, That $1,500,000 for computer acquisitions
shall remain available until September 30, 1998: Provided
further, That funds appropriated under this Act shall be
available for the payment of interest in accordance with 30
U.S.C. 1721 (b) and (d): Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of
law, $15,000 under this head shall be available for refunds
of overpayments in connection with certain Indian leases in
which the Director of the Minerals Management Service
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or Tribes, or to correct prior unrecoverable
erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,440,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$94,172,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to
remain available until expended, from performance bond
forfeitures in fiscal year 1997: Provided, That the Secretary
of the Interior, pursuant to regulations, may utilize
directly or through grants to States, moneys collected in
fiscal year 1997 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1268), to reclaim lands adversely affected by coal
mining practices after August 3, 1977, to remain available
until expended: Provided further, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $177,085,000,
to be derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended; of which up to
$4,000,000 shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines through the Appalachian Clean Streams
Initiative: Provided, That grants to minimum program
[[Page 2525]]
States will be $1,500,000 per State in fiscal year 1997:
Provided further, That of the funds herein provided up to
$18,000,000 may be used for the emergency program authorized
by section 410 of Public Law 95-87, as amended, of which no
more than 25 per centum shall be used for emergency
reclamation projects in any one State and funds for
federally-administered emergency reclamation projects under
this proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the 25
per centum limitation per State and may be used without
fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 per centum from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available to States under
title IV of Public Law 95-87 may be used, at their
discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation Act:
Provided further, That the State of Maryland may set aside
the greater of $1,000,000 or 10 percent of the total of the
grants made available to the State under title IV of the
Surface Mining Control and Reclamation Act of 1977, as
amended (30 U.S.C. 1231 et seq.), if the amount set aside is
deposited in an acid mine drainage abatement and treatment
fund established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is
expended by the State to undertake acid mine drainage
abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants
including expenses necessary to provide education and welfare
services for Indians, either directly or in cooperation with
States and other organizations, including payment of care,
tuition, assistance, and other expenses of Indians in
boarding homes, or institutions, or schools; grants and other
assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of
resources and appurtenant facilities under the jurisdiction
of the Bureau, including payment of irrigation assessments
and charges; acquisition of water rights; advances for Indian
industrial and business enterprises; operation of Indian arts
and crafts shops and museums; development of Indian arts and
crafts, as authorized by law; for the general administration
of the Bureau, including such expenses in field offices;
maintaining of Indian reservation roads as defined in 23
U.S.C. 101; and construction, repair, and improvement of
Indian housing, $1,436,902,000 of which not to exceed
$86,520,000 shall be for welfare assistance payments and not
to exceed $90,829,000 shall be for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts or grants or compacts entered into
with the Bureau prior to fiscal year 1997, as authorized by
the Indian Self-Determination Act of 1975, as amended, and up
to $5,000,000 shall be for the Indian Self-Determination
Fund, which shall be available for the transitional cost of
initial or expanded tribal contracts, grants, compacts, or
cooperative agreements with the Bureau under such Act; and of
which not to exceed $365,124,000 for school operations costs
of Bureau-funded schools and other education programs shall
become available on July 1, 1997, and shall remain available
until September 30, 1998; and of which not to exceed
$53,805,000 for higher education scholarships, adult
vocational training, and assistance to public schools under
25 U.S.C. 452 et seq., shall remain available until September
30, 1998; and of which not to exceed $54,973,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, and
the Navajo-Hopi Settlement Program: Provided, That tribes and
tribal contractors may use their tribal priority allocations
for unmet indirect costs of ongoing contracts, grants or
compact agreements and for unmet welfare assistance costs:
Provided further, That funds made available to tribes and
tribal organizations through contracts or grants obligated
during fiscal year 1997, as authorized by the Indian Self-
Determination Act of 1975, or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall
remain available until expended by the contractor or grantee:
Provided further, That to provide funding uniformity within a
Self-Governance Compact, any funds provided in this Act with
availability for more than one year may be reprogrammed to
one year availability but shall remain available within the
Compact until expended: Provided further, That
notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility
criteria or by other means, change eligibility for general
assistance or change the amount of general assistance
payments for individuals within the service area of such
tribe who are otherwise deemed eligible for general
assistance payments so long as such changes are applied in a
consistent manner to individuals similarly situated: Provided
further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes:
Provided further, That any net increase in costs to the
Federal Government which result solely from tribally
increased payment levels for general assistance shall be met
exclusively from funds available to the tribe from within its
tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated
as of September 30, 1997, may be transferred during fiscal
year 1998 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 1998: Provided further, That notwithstanding
any other provision of law, no funds available to the Bureau,
other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or
secondary school in the State of Alaska in fiscal year 1997:
Provided further, That funds made available in this or any
other Act for expenditure through September 30, 1998 for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1995:
Provided further, That no funds available to the Bureau shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau
school system as of October 1, 1995: Provided further, That
in fiscal year 1997 and thereafter, notwithstanding the
provisions of 25 U.S.C. 2012(h)(1) (A) and (B), upon the
recommendation of either (i) a local school board and school
supervisor for an education position in a Bureau of Indian
Affairs operated school, or (ii) an Agency school board and
education line officer for an Agency education position, the
Secretary shall establish adjustments to the rates of basic
compensation or annual salary rates established under 25
U.S.C. 2012(h)(1) (A) and (B) for education positions at the
school or the Agency, at a level not less than that for
comparable positions in the nearest public school district,
and the adjustment shall be deemed to be a change to basic
pay and shall not be subject to collective bargaining:
Provided further, That any reduction to rates of basic
compensation or annual salary rates below the rates
established under 25 U.S.C. 2012(h)(1) (A) and (B) shall
apply only to educators appointed after June 30, 1997, and
shall not affect the right of an individual employed on June
30, 1997, in an education position, to receive the
compensation attached to such position under 25 U.S.C.
2012(h)(1) (A) and (B) so long as the individual remains in
the same position at the same school: Provided further, That
notwithstanding 25 U.S.C. 2012(h)(1)(B), when the rates of
basic compensation for teachers and counselors at Bureau-
operated schools are established at the rates of basic
compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay
and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following
the issuance of the Department of Defense salary schedule and
shall not be effected retroactively.
construction
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483 $94,531,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 per centum of contract authority
available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program
management costs of the Bureau: Provided further, That any
funds provided for the Safety of Dams program pursuant to 25
U.S.C. 13 shall be made available on a non-reimbursable
basis: Provided further, That for fiscal year 1997, in
implementing new construction or facilities improvement and
repair project grants in excess of $100,000 that are provided
to tribally controlled grant schools under Public Law 100-
297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided
[[Page 2526]]
further, That if the Secretary declines an application, the
Secretary shall follow the requirements contained in 25
U.S.C. 2505(f): Provided further, That any disputes between
the Secretary and any grantee concerning a grant shall be
subject to the disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $69,241,000, to
remain available until expended; of which $68,400,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 101-618, 102-
374, 102-575, and for implementation of other enacted water
rights settlements, including not to exceed $8,000,000, which
shall be for the Federal share of the Catawba Indian Tribe of
South Carolina Claims Settlement, as authorized by section
5(a) of Public Law 103-116; and of which $841,000 shall be
available pursuant to Public Laws 98-500, 99-264, and 100-
580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program account,
and the Indian Guaranteed Loan Program account) shall be
available for expenses of exhibits, and purchase of not to
exceed 229 passenger motor vehicles, of which not to exceed
187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration shall be
available for tribal contracts, grants, compacts, or
cooperative agreements with the Bureau of Indian Affairs
under the provisions of the Indian Self-Determination Act or
the Tribal Self-Governance Act of 1994 (Public Law 103-413).
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,339,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $3,849,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or utilized by such
governments, may be audited by the General Accounting Office,
at its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the
Northern Mariana Islands grant funding: Provided further,
That section 703(a) of Public Law 94-241, as amended, is
hereby amended by striking ``of the Government of the
Northern Mariana Islands'': Provided further, That of the
amounts provided for technical assistance, sufficient funding
shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa,
Guam, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance
needs, improved capability of local operations and
maintenance institutions and agencies (including management
and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing
to be determined by the Secretary based on the individual
territory's commitment to timely maintenance of its capital
assets): Provided further, That any appropriation for
disaster assistance under this head in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 122, 221, 223,
232, and 233 of the Compacts of Free Association, and for
economic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232, and
233 of the Compact of Free Association, $23,538,000, to
remain available until expended, as authorized by Public Law
99-239 and Public Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $58,286,000, of which not to exceed $7,500 may
be for official reception and representation expenses, and of
which up to $2,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$35,443,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$24,439,000, together with any funds or property transferred
to the Office of Inspector General through forfeiture
proceedings or from the Department of Justice Assets
Forfeiture Fund or the Department of the Treasury Assets
Forfeiture Fund, that represent an equitable share from the
forfeiture of property in investigations in which the Office
of Inspector General participated, with such transferred
funds to remain available until expended.
National Indian Gaming Commission
salaries and expenses
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100-497, $1,000,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $32,126,000, to remain available until expended for
trust funds management: Provided, That funds made available
to tribes and tribal organizations through contracts or
grants obligated during fiscal year 1997, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim in
litigation pending on the date of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe
or individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That unobligated
balances previously made available (1) to liquidate
obligations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competitive
Equality Banking Act of 1987 (Public Law 100-86; 31 U.S.C.
3334(b)), (2) to restore Individual Indian Monies trust
funds, Indian Irrigation Systems, and Indian Power Systems
accounts amounts invested in credit unions or defaulted
savings and loan associations and which where not Federally
insured, including any interest on these amounts that may
have been earned, but was not because of the default, and (3)
to reimburse Indian trust fund account holders for losses to
their respective accounts where the claim for said loss has
been reduced to a judgement or settlement agreement approved
by the Department of Justice, under the heading ``Indian Land
and Water Claim Settlements and Miscellaneous Payments to
Indians'', Bureau of Indian Affairs in fiscal years 1995 and
1996, are hereby transferred to and merged with this
appropriation and may only be used for the operation of trust
programs, in accordance with this appropriation.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency
[[Page 2527]]
reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage
assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for fire suppression purposes shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for fire suppression purposes, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression
activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire
Management'' shall have been exhausted: Provided further,
That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements''
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were
transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
Sec. 107. Prior to the transfer of Presidio properties to
the Presidio Trust, when authorized, the Secretary may not
obligate in any calendar month more than \1/12\ of the fiscal
year 1997 appropriation for operation of the Presidio:
Provided, That prior to the transfer of any Presidio property
to the Presidio Trust, the Secretary shall transfer such
funds as the Trust deems necessary to initiate leasing and
other authorized activities of the Trust: Provided further,
That this section shall expire on December 31, 1996
Sec. 108. No final rule or regulation of any agency of the
Federal Government pertaining to the recognition, management,
or validity of a right-of-way pursuant to Revised Statute
2477 (43 U.S.C. 932) shall take effect unless expressly
authorized by an Act of Congress subsequent to the date of
enactment of this Act.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in
the President's moratorium statement of June 26, 1990, in the
areas of Northern, Central, and Southern California; the
North Atlantic; Washington and Oregon; and the Eastern Gulf
of Mexico south of 26 degrees north latitude and east of 86
degrees west longitude.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing,
or the approval or permitting of any drilling or other
exploration activity, on lands within the North Aleutian
Basin planning area.
Sec. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992-1997.
Sec. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Atlantic for Outer
Continental Shelf Lease Sale 164 in the Outer Continental
Shelf Natural Gas and Oil Resource Management Comprehensive
Program, 1992-1997.
Sec. 113. There is hereby established in the Treasury a
franchise fund pilot, as authorized by section 403 of Public
Law 103-356, to be available as provided in such section for
costs of capitalizing and operating administrative services
as the Secretary determines may be performed more
advantageously as central services: Provided, That any
inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations,
and any appropriations made prior to the current year for the
purpose of providing capital shall be used to capitalize such
fund: Provided further, That such fund shall be paid in
advance from funds available to the Department and other
Federal agencies for which such centralized services are
performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund
plant and equipment, amortization of automatic data
processing (ADP) software and systems (either acquired or
donated) and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed four percent of the total annual income to such fund
may be retained in the fund for fiscal year 1997 and each
fiscal year thereafter, to remain available until expended,
to be used for the acquisition of capital equipment, and for
the improvement and implementation of Department financial
management, ADP, and other support systems: Provided further,
That no later than thirty days after the end of each fiscal
year amounts in excess of this reserve limitation shall be
transferred to the Treasury: Provided further, That such
franchise fund pilot shall terminate pursuant to section
403(f) of Public Law 103-356.
Sec. 114. Public Law 102-495 is amended by adding the
following new section:
``Sec. 10. Washington State Removal Option.
``(a) Upon appropriation of $29,500,000 for the Federal
Government to acquire the projects in the State of Washington
pursuant to this Act, the State of Washington may, upon the
submission to Congress of a binding agreement to remove the
projects within a reasonable period of time, purchase the
projects from the Federal Government for $2. Such a binding
agreement shall provide for the full restoration of the Elwha
River ecosystem and native anadromous fisheries, for
protection of the existing quality and availability of water
from the Elwha River for municipal and industrial uses from
possible adverse impacts of dame removal, and for fulfillment
by the State of each of the other obligations of the
Secretary under this Act.
``(b) Upon receipt of the payment pursuant to subsection
(a), the Federal Government shall relinquish ownership and
title of the projects to the State of Washington.
``(c) Upon the purchase of the projects by the State of
Washington, section 3 (a), (c), and (d), and sections 4, 7,
and 9 of this Act are hereby repealed, and the remaining
sections renumbered accordingly.''.
Sec. 115. Section 7 of Public Law 99-647 (16 U.S.C. 461
note) is amended to read as follows:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on November 10, 1997.''.
Sec. 116. The Congress of the United States hereby
designates and ratifies the assignment to the University of
Utah as successor to, and beneficiary of, all the existing
assets, revenues, funds and rights granted to the State of
Utah under the Miners Hospital Grant (February 20, 1929, 45
Stat. 1252) and the School of Mines Grant (July 26, 1894, 28
Stat. 110). Further, the Secretary of the Interior is
authorized and directed to accept such relinquishment of all
remaining and unconveyed entitlement for quantity grants owed
the State of Utah for the Miners Hospital Grant (February 20,
1929, 45 Stat. 1252) and any unconveyed entitlement that may
remain for the University of Utah School of Mines Grant (July
26, 1894, 28 Stat. 110).
Sec. 117. Section 402(b)(1) of the Indian Self-
Determination and Education Assist
[[Page 2528]]
ance Act (25 U.S.C. 458bb) is amended to read as follows:
``(1) In addition to those Indian tribes participating in
self-governance under subsection (a) of this section, the
Secretary, acting through the Director of the Office of Self-
Governance, may select up to 50 new tribes per year from the
applicant pool described in subsection (c) of this section to
participate in self-governance.''.
Sec. 118. In fiscal year 1997 and thereafter, the Indian
Arts and Crafts Board may charge admission fees at its
museums; charge rent and/or franchise fees for shops located
in its museums; publish and sell publications; sell or rent
or license use of photographs or other images in hard copy or
other forms; license the use of designs, in whole or in part,
by others; charge for consulting services provided to others;
and may accept the services of volunteers to carry out its
mission: Provided, That all revenue derived from such
activities is covered into the special fund established by
section 4 of Public Law 74-355 (25 U.S.C. 305c).
Sec. 119. Transfer of Certain Bureau of Land Management
Facilities.--
(a) Battle mountain, nevada.--Not later than 30 days after
the date of enactment of this Act, the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management, shall transfer to Lander County, Nevada, without
consideration, title to the former Bureau of Land Management
administrative site and associated buildings in Battle
Mountain, Nevada.
(b) Winnemucca, nevada.--
(1) Transfer.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
transfer to the State of Nevada, without consideration, title
to the surplus Bureau of Land Management District Office
building in Winnemucca, Nevada.
(2) Use.--The transfer under paragraph (1) is made with the
intent that the building shall be available to meet the needs
of the Department of Conservation and Natural Resources of
the State of Nevada.
Sec. 120. Alaska Aviation Heritage.--
(a) Findings.--The Congress finds that--
(1) the Department of the Interior's Grumman Goose G21-A
aircraft number N789 is to be retired from several decades of
active service in the State of Alaska in 1996; and
(2) the aircraft is of significant historic value to the
people of the State of Alaska.
(b) Donation of aircraft.--The Secretary of the Interior
shall transfer the Grumman Goose G21-A aircraft number N789
to the Alaska Aviation Heritage Museum in Anchorage, Alaska,
at no cost to the museum, for permanent display.
Sec. 121. The Mesquite Lands Act of 1988 is amended by
adding the following at the end of section 3:
``(d) Fourth Area.--(1) No later than ten years after the
date of enactment of this Act, the City of Mesquite shall
notify the Secretary as to which if any of the public lands
identified in paragraph (2) of this subsection the city
wishes to purchase.
``(2) For a period of twelve years after the date of
enactment of this Act, the city shall have exclusive right to
purchase the following parcels of public lands:
``Parcel A--East \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo
Meridian; West \1/2\ Sec. 4, T. 13 S., R. 71 E., Mount Diablo
Meridian; East \1/2\, West \1/2\ Sec. 4, T. 13 S., R. 71 E.,
Mount Diablo Meridian.
``Parcel B--North \1/2\ Sec. 7, T. 13 S., R. 71 E., Mount
Diablo Meridian; South East \1/4\ Sec. 12, T. 13 S., R. 70
E., Mount Diablo Meridian; East \1/2\, North East \1/4\ Sec.
12, T. 13 S., R. 70 E., Mount Diablo Meridian; East \1/2\,
West \1/2\ North East \1/4\ Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian.
``Parcel C--West \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo
Meridian; West \1/2\, West \1/2\, North East \1/4\ Sec. 12,
T. 13 S., R. 70 E., Mount Diablo Meridian; North West \1/4\
Sec. 13, S., R. 70 E., Mount Diablo Meridian; West \1/2\ Sec.
12, T. 13 S., R. 70 E., Mount Diablo Meridian; East \1/2\,
South East \1/4\, Sec. 11, T. 13 S., R. 70 E., Mount Diablo
Meridian; East \1/2\ North East \1/4\, Sec. 14, T. 13 S., R.
70 E., Mount Diablo Meridian.
``Parcel D--South \1/2\ Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian; South West \1/4\, Sec. 13, T. 13 S., R. 70
E., Mount Diablo Meridian; Portion of section 23, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian;
Portion of section 24, North of Interstate 15, T. 13 S., R.
70 E., Mount Diablo Meridian; Portion of section 26, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.''
SEC. 122. FATHER AULL SITE TRANSFER.
(a) This section may be cited as the ``Father Aull Site
Transfer Act of 1996''.
(b) Findings.--Congress finds that--
(1) the buildings and grounds developed by Father Roger
Aull located on public domain land near Silver City, New
Mexico, are historically significant to the citizens of the
community;
(2) vandalism at the site has become increasingly
destructive and frequent in recent years;
(3) because of the isolated location and the distance from
other significant resources and agency facilities, the Bureau
of Land Management has been unable to devote sufficient
resources to restore and protect the site from further
damage; and
(4) St. Vincent DePaul Parish in Silver City, New Mexico,
has indicated an interest in, and developed a sound proposal
for the restoration of, the site, such that the site could be
permanently occupied and used by the community.
(c) Conveyance of Property.--Subject to valid existing
rights, all right, title and interest of the United States in
and to the land (including improvements on the land),
consisting of approximately 43.06 acres, located
approximately 10 miles east of Silver City, New Mexico, and
described as follows: T. 17 S., R. 12 W., Section 30: Lot 13,
and Section 31: Lot 27 (as generally depicted on the map
dated July 1995) is hereby conveyed by operation of law to
St. Vincent DePaul Parish in Silver City, New Mexico, without
consideration.
(d) Release.--Upon the conveyance of any land or interest
in land identified in this section of St. Vincent DePaul
Parish, St. Vincent DePaul Parish shall assume any liability
for any claim relating to the land or interest in the land
arising after the date of the conveyance.
(e) Map.--The map referred to in this section shall be on
file and available for public inspection in--
(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.
Sec. 123. The second proviso under the heading ``Bureau of
Mines, Administrative Provisions'' of Public Law 104-134 is
amended by inserting after the word ``authorized'' the word
``hereafter''.
Sec. 124. Watershed Restoration and Enhancement
Agreements.--
(a) In General.--For fiscal year 1997 and each fiscal year
thereafter, appropriations made for the Bureau of Land
Management may be used by the Secretary of the Interior for
the purpose of entering into cooperative agreements with
willing private landowners for restoration and enhancement of
fish, wildlife, and other biotic resources on public or
private land or both that benefit these resources on public
lands within the watershed.
(b) Direct and Indirect Watershed Agreements.--The
Secretary of the Interior may enter into a watershed
restoration and enhancement agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state, local, or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and Conditions.--In order for the Secretary to
enter into a watershed restoration and enhancement
agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually agreed to by
the Secretary and the landowner;
(B) improve the viability of and otherwise benefit the
fish, wildlife, and other biotic resources on public land in
the watershed;
(C) authorize the provision of technical assistance by the
Secretary in the planning of management activities that will
further the purposes of the agreement;
(D) provide for the sharing of costs of implementing the
agreement among the Federal government, the landowner, and
other entities, as mutually agreed on by the affected
interests; and
(E) ensure that any expenditure by the Secretary pursuant
to the agreement is determined by the Secretary to be in the
public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment
on private lands, provided such terms and conditions are
mutually agreed to by the Secretary and the landowner.
Sec. 125. Visitor Center Designation at Channel Islands
National Park.
(a) The visitor center at Channel Islands National Park,
California, is hereby designated as the ``Robert J.
Lagomarsino Visitor Center''.
(b) Any reference in law, regulation, paper, record, map,
or any other document in the United States to the visitor
center referred to in subsection (a) shall be deemed to be a
reference to the ``Robert J. Lagomarsino Visitor Center''.
TITLE II--RELATED AGENCIES
Department of Agriculture
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $179,786,000, to remain available until
expended.
state and private forestry
For necessary expenses of cooperating with, and providing
technical and financial assistance to States, Territories,
possessions, and others and for forest pest management
activities, cooperative forestry and education and land
conservation activities, $155,461,000, to remain available
until expended, as authorized by law: Provided, That of funds
available under this heading for Pacific Northwest Assistance
in this or prior appropriations Acts. $750,000 shall be
provided to the World Forestry Center for purposes of
continuing scientific research and other authorized efforts
regarding the land exchange efforts in the Umpqua River Basin
region.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, for ecosystem
planning, inventory, and monitoring,
[[Page 2529]]
and for administrative expenses associated with the
management of funds provided under the heads ``Forest and
Rangeland Research,'' ``State and Private Forestry,''
``National Forest System,'' ``Wildland Fire Management,''
``Reconstruction and Construction,'' and ``Land
Acquisition,'' $1,274,781,000, to remain available until
expended, and including 50 per centum of all monies received
during the prior fiscal year as fees collected under the Land
and Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 4601-6a(i)):
Provided, That up to $5,000,000 of the funds provided herein
for road maintenance shall be available for the planned
obliteration of roads which are no longer needed.
wildland fire management
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, and for emergency
rehabilitation of burned over National Forest System lands,
$530,016,000 to remain available until expended: Provided,
That unexpended balances of amounts previously appropriated
under any other headings for Forest Service fire activities
are transferred to and merged with this appropriation and
subject to the same terms and conditions: Provided further,
That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes.
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise
provided for, $174,974,000, to remain available until
expended for construction, reconstruction and acquisition of
buildings and other facilities, and for construction,
reconstruction and repair of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That not to exceed $50,000,000,
to remain available until expended, may be obligated for the
construction of forest roads by timber purchasers: Provided
further, That funds appropriated under this head for the
construction of the Wayne National Forest Supervisor's Office
may be granted to the Ohio State Highway Patrol as the
federal share of the cost of construction of a new facility
to be occupied jointly by the Forest Service and the Ohio
State Highway Patrol: Provided further, That an agreed upon
lease of space in the new facility shall be provided to the
Forest Service without charge for the life of the building.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 4601-4-11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $40,575,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 per centum of all moneys received during
the prior fiscal year, as fees for grazing domestic livestock
on lands in National Forests in the sixteen Western States,
pursuant to section 401(b)(1) of Public Law 94-579, as
amended, to remain available until expended, of which not to
exceed 6 per centum shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (a) purchase of not to exceed
159 passenger motor vehicles of which 14 will be used
primarily for law enforcement purposes and of which 149 shall
be for replacement; acquisition of 10 passenger motor
vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20
aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (c) purchase, erection, and
alteration of buildings and other public improvements (7
U.S.C. 2250); (d) acquisition of land, waters, and interests
therein, pursuant to 7 U.S.C. 428a; (e) for expenses pursuant
to the Volunteers in the National Forest Act of 1972 (16
U.S.C. 558a, 558d, 558a note); and (f) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office
for research, State and private forestry, or National Forest
System administration of the Forest Service, Department of
Agriculture, or to implement any reorganization,
``reinvention'' or other type of organizational restructuring
of the Forest Service, other than the relocation of the
Regional Office for Region 5 of the Forest Service from San
Francisco to excess military property at Mare Island,
Vallejo, California, without the consent of the House and
Senate Committees on Appropriations.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come from
funds otherwise available to Region 5: Provided further, That
any funds to be provided for such purposes shall only be
available upon approval of the House and Senate Committees on
Appropriations.
Any appropriations or funds available to the Forest Service
may be advanced to the Wildland Fire Management appropriation
and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless
the proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures contained in House Report 103-551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture without the approval of the Chief of the Forest
Service.
Notwithstanding any other provision of the law, any
appropriations or funds available to the Forest Service may
be used to disseminate program information to private and
public individuals and organizations through the use of
nonmonetary items of nominal value and to provide nonmonetary
awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of private individuals and
organizations that make contributions to Forest Service
programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93-153 (30
U.S.C. 185(1)) as reimbursement of administrative and other
costs incurred in processing pipeline right-of-way or permit
applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any
pipeline and related facilities, may be used to reimburse the
applicable appropriation to which such costs were originally
charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended by
Public Law 93-408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands
in excess of 25 percent of the fiscal year 1989 harvested
volume in the Wayne National Forest, Ohio: Provided, That
this limitation shall not apply to hardwood stands damaged by
natural disaster: Provided further, That landscape architects
shall be used to maintain a visually pleasing forest.
Any money collected from the States for fire suppression
assistance rendered by the Forest Service on non-Federal
lands not in the vicinity of National Forest System lands
shall be used to reimburse the applicable appropriation and
shall remain available until expended as the Secretary may
direct in conducting activities authorized by 16 U.S.C. 2101
(note), 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the Forest
Service is authorized to employ or otherwise contract with
persons at regular rates of pay, as determined by the
[[Page 2530]]
Service, to perform work occasioned by emergencies such as
fires, storms, floods, earthquakes or any other unavoidable
cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation
of timber sales using clearcutting or other forms of even
aged management in hardwood stands in the Shawnee National
Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, funds up to $1,000,000 for matching funds shall be
available for the National Forest Foundation on a one-for-one
basis to match private contributions for projects on or
benefitting National Forest System lands or related to Forest
Service programs.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$1,000,000 of the funds available to the Forest Service shall
be available for matching funds, as authorized in 16 U.S.C.
3701-3709, on a one-for-one basis to match private
contributions for projects on or benefitting National Forest
System lands or related to Forest Service programs.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the National
Forest System and Construction accounts and planned to be
allocated to activities under the ``Jobs in the Woods''
program for projects on National Forest land in the State of
Washington may be granted directly to the Washington State
Department of Fish and Wildlife for accomplishment of planned
projects. Twenty percent of said funds shall be retained by
the Forest Service for planning and administering projects.
Project selection and prioritization shall be accomplished by
the Forest Service with such consultation with the State of
Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
The Secretary of Agriculture shall by March 31, 1997 report
to the Committees on Appropriations of the House of
Representatives and the Senate on the status and disposition
of all salvage timber sales started under the authority of
Section 2001 of Public Law 104-19 and subsequently withdrawn
or delayed and completed under different authorities as a
consequence of the July 2, 1996 directive on the
implementation of Section 2001 issued by the Secretary.
The Pacific Northwest Research Station Silviculture
Laboratory in Bend, Oregon is hereby named the ``Robert W.
Chandler Building''.
For purposes of the Southeast Alaska Economic Disaster Fund
as set forth in section 101(c) of Public Law 104-134, the
direct grants provided in subsection (c) shall be considered
direct payments for purposes of all applicable law except
that these direct grants may not be used for lobbying
activities.
No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office
for the salary and expenses of the employee for the period of
assignment.
DEPARTMENT OF ENERGY
clean coal technology
(rescission)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $123,000,000
are rescinded: Provided, That funds made available in
previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for
proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
performed under the minerals and materials science programs
at the Albany Research Center in Oregon, $364,704,000, to
remain available until expended: Provided, That no part of
the sum herein made available shall be used for the field
testing of nuclear explosives in the recovery of oil and gas.
alternative fuels production
(including transfer and rescission of funds)
Monies received as investment income on the principal
amount in the Great Plains Project Trust at the Norwest Bank
of North Dakota, in such sums as are earned as of October 1,
1996, shall be deposited in this account and immediately
transferred to the General Fund of the Treasury. Monies
received as revenue sharing from the operation of the Great
Plains Gasification Plant shall be immediately transferred to
the General Fund of the Treasury. Funds are hereby rescinded
in the amount of $2,500,000 from unobligated balances under
this head.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $143,786,000, to remain
available until expended: Provided, That the requirements of
10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1997.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $569,762,000, to remain available until expended,
including, notwithstanding any other provision of law, the
excess amount for fiscal year 1997 determined under the
provisions of section 3003(d) of Public Law 99-509 (15 U.S.C.
4502): Provided, That $149,845,000 shall be for use in energy
conservation programs as defined in section 3008(3) of Public
Law 99-509 (15 U.S.C. 4507) and shall not be available until
excess amounts are determined under the provisions of section
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided
further, That notwithstanding section 3003(d)(2) of Public
Law 99-509 such sums shall be allocated to the eligible
programs as follows: $120,845,000 for weatherization
assistance grants and $29,000,000 for State energy
conservation grants.
economic regulation
For necessary expenses in carrying out the activities of
the Office of Hearing and Appeals, $2,725,000, to remain
available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $220,000,000,
to remain available until expended, of which $220,000,000
shall be repaid from the ``SPR Operating Fund'' from amounts
made available from the sale of oil from the Reserve:
Provided, That notwithstanding section 161 of the Energy
Policy and Conservation Act, the Secretary shall draw down
and sell in fiscal year 1997 $220,000,000 worth of oil from
the Strategic Petroleum Reserve: Provided further, That the
proceeds from the sale shall be deposited into a special
account in the Treasury, to be established and known as the
``SPR Operating Fund'', and shall, upon receipt, be
transferred to the Strategic Petroleum Reserve account for
operations of the Strategic Petroleum Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk
Hills) may be sold or otherwise disposed of to other than the
Strategic Petroleum Reserve: Provided, That outlays in fiscal
year 1997 resulting from the use of funds in this account
shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $66,120,000 to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase,
repair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of
the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department
appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-
sharing entities as provided in appropriate cost-sharing
contracts or agreements: Provided further, That the remainder
of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided
further, That any contract, agreement, or provision thereof
entered into by the Secretary pursuant to this authority
shall not be executed prior to the expiration of 30 calendar
days (not including any day in which either House of Congress
is not in session because of adjournment of more than three
calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of
the Senate of a full comprehensive report on such project,
including the facts and circumstances relied upon in support
of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to pre
[[Page 2531]]
pare, issue, or process procurement documents for programs or
projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and
private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $1,806,269,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health
Emergency Fund: Provided further, That $356,325,000 for
contract medical care shall remain available for obligation
until September 30, 1998: Provided further, That of the funds
provided, not less than $11,706,000 shall be used to carry
out the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That
funds provided in this Act may be used for one-year contracts
and grants which are to be performed in two fiscal years, so
long as the total obligation is recorded in the year for
which the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended
for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That of
the funds provided, $7,500,000 shall remain available until
expended, for the Indian Self-Determination Fund, which shall
be available for the transitional costs of initial or
expanded tribal contracts, compacts, grants or cooperative
agreements with the Indian Health Service under the
provisions of the Indian Self-Determination Act: Provided
further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain
available for obligation until September 30, 1998: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $247,731,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefore as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities: Provided, That in accordance with the provisions
of the Indian Health Care Improvement Act, non-Indian
patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53)
shall be credited to the account of the facility providing
the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other
law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service
shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended:
Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for
administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel
and transportation: Provided further, That notwithstanding
any other provision of law, funds previously or herein made
available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title
III of the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I,
or a self-governance agreement under title III of such Act
and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September 16,
1987, by the Department of Health and Human Services,
relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has
submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has
been included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act are
to be apportioned to the Indian Health Service as
appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act: Provided
further, That funds received from any source, including
tribal contractors and compactors for previously transferred
functions which tribal contractors and compactors no longer
wish to retain, for services, goods, or training and
technical assistance, shall be retained by the Indian Health
Service and shall remain available until expended by the
Indian Health Service: Provided further, That reimbursements
for training, technical assistance, or services provided by
the Indian Health Service will contain total costs, including
direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance:
Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance
approval of the House and Senate Committees on
Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not
otherwise provided, title IX, part A of the Elementary and
Secondary Education Act of 1965, as amended, and section 215
of the Department of Education Organization Act, $61,000,000.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$19,345,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56, part A),
$5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and perform
[[Page 2532]]
ances; collection, preparation, dissemination, and exchange
of information and publications; conduct of education,
training, and museum assistance programs; maintenance,
alteration, operation, lease (for terms not to exceed thirty
years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; up to 5 replacement passenger vehicles;
purchase, rental, repair, and cleaning of uniforms for
employees; $317,557,000 of which not to exceed $30,665,000
for the instrumentation program, collections acquisition,
Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian,
the repatriation of skeletal remains program, research
equipment, information management, and Latino programming
shall remain available until expended, and including such
funds as may be necessary to support American overseas
research centers and a total of $125,000 for the Council of
American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to
independent contractors performing research services or
participating in official Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction,
remodeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$3,850,000, to remain available until expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institution,
by contract or otherwise, as authorized by section 2 of the
Act of August 22, 1949 (63 Stat. 623), including not to
exceed $10,000 for services as authorized by 5 U.S.C. 3109,
$39,000,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection
systems, and exterior repair or restoration of buildings of
the Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
construction
For necessary expenses for construction, $10,000,000, to
remain available until expended.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $53,899,000,
of which not to exceed $3,026,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $5,942,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $10,875,000.
construction
For necessary expenses of capital repair and rehabilitation
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $9,000,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$82,734,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to section 5(c) of the Act, and for administering
the functions of the Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $16,760,000, to remain available until
expended, to the National Endowment for the Arts: Provided,
That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts of
gifts, bequests, and devises of money, and other property
accepted by the Chairman or by grantees of the Endowment
under the provisions of section 10(a)(2), subsections
11(a)(2)(A) and 11(a)(3)(A) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$96,100,000 shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering
the functions of the Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $13,900,000, to remain available until
expended, of which $8,000,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Institute of Museum Services
grants and administration
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $22,000,000, to
remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $867,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $6,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,500,000:
Provided, That none of these funds shall be available for the
compensation of Executive Level V or higher position.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $5,390,000:
Provided, That all appointed members will be compensated at a
rate not to exceed the rate for Executive Schedule Level IV.
Franklin Delano Roosevelt Memorial Commission
salaries and expenses
For necessary expenses of the Franklin Delano Roosevelt
Memorial Commission, established by the Act of August 11,
1955 (69 Stat. 694), as amended by Public Law 92-332 (86
Stat. 401), $500,000 to remain available until expended.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96-388 (36 U.S.C. 1401), as amended,
$30,707,000, of which $1,575,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
exhibitions program shall remain available until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant
[[Page 2533]]
to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued
pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the
Secretary of Agriculture for the leasing of oil and natural
gas by noncompetitive bidding on publicly owned lands within
the boundaries of the Shawnee National Forest, Illinois:
Provided, That nothing herein is intended to inhibit or
otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 304. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations
and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds
the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the
``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 1995.
Sec. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects
under self-determination contracts, compacts, or grants,
pursuant to Public Laws 93-638, 103-413, or 100-297, are less
than the estimated costs thereof, use of the resulting excess
funds shall be determined by the appropriate Secretary after
consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly
payments of funds to tribes and tribal organizations under
annual funding agreements pursuant to section 108 of Public
Law 93-638, as amended, may be made on the first business day
following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the
Interior and/or Agriculture follow appropriate reprogramming
guidelines: Provided, That if no funds are provided for the
AmeriCorps program by the VA-HUD and Independent Agencies
fiscal year 1997 appropriations bill, then none of the funds
appropriated or otherwise made available by this Act may be
used for the AmeriCorps programs.
Sec. 313. None of the funds made available in this Act may
be used (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when it is made known to the Federal official
having authority to obligate or expend such funds that such
pedestrian use is consistent with generally accepted safety
standards.
Sec. 314. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for
any mining or mill site claim located under the general
mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994, and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Processing Schedule.--For those applications for
patents pursuant to subsection (b) which were filed with the
Secretary of the Interior, prior to September 30, 1994, the
Secretary of the Interior shall--
(1) Within three months of the enactment of this Act, file
with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
United States Senate a plan which details how the Department
of the Interior will make a final determination as to whether
or not an applicant is entitled to a patent under the general
mining laws on at least 90 percent of such applications
within five years of the enactment of this Act and file
reports annually thereafter with the same committees
detailing actions taken by the Department of the Interior to
carry out such plan; and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of
acquiring lands in the counties of Gallia, Lawrence, Monroe,
or Washington, Ohio, for the Wayne National Forest.
Sec. 316. Of the funds provided to the National Endowment
for the Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 317. None of the funds available to the Department of
the Interior or the Department of Agriculture by this or any
other Act may be used to prepare, promulgate, implement, or
enforce any interim or final rule or regulation pursuant to
Title VII of the Alaska National Interest Lands Conservation
Act to assert jurisdiction, management, or control over any
waters (other than non-navigable waters on Federal lands),
non-Federal lands, or lands selected by, but not conveyed to,
the State of Alaska pursuant to the Submerged Lands Act of
1953 or the Alaska Statehood Act, or an Alaska Native
Corporation pursuant to the Alaska Native Claims Settlement
Act.
Sec. 318. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously
approved under section 490(c)(3) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (Public Law 101-
382) or to enforce or implement Federal regulations 36 CFR
part 223 promulgated on September 8, 1995. The regulations
and interim rules in effect prior to September 8, 1995 (36
CFR 223.48, 36 CFR 223.87,, 36 CFR 261.6) shall remain in
effect. The Secretary of Agriculture or the Secretary of the
Interior shall not adopt any policies concerning Public Law
101-382 or existing regulations that would restrain domestic
transportation or processing of timber from private lands or
impose additional accountability requirements on any timber.
The Secretary of Commerce shall extend until September 30,
1997, the order issued under section 491(b)(2)(A) of Public
Law 101-382 and shall issue an order under section
491(b)(2)(B) of such law that will be effective October 1,
1997.
Sec. 319. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``Title III--General
Provisions'' amend section 315(b) by striking ``50, areas,''
and in
[[Page 2534]]
serting in lieu thereof ``100, areas,'' and amend section
315(f) by striking ``September 30, 1998'' and inserting in
lieu thereof ``September 30, 1999'' and by striking
``September 30, 2001'' and inserting in lieu thereof
``September 30, 2002''.
Sec. 320. None of the amounts made available by this Act
may be used for design, planning, implementation,
engineering, construction, or any other activity in
connection with a scenic shoreline drive in Pictured Rocks
National Lakeshore.
Sec. 321. Land transfer, Bend Silviculture Lab, Deschutes
National Forest, Oregon.--
(a) Transfer of real property and all improvements located
thereon.--Notwithstanding any other provisions of law, there
is hereby transferred, without consideration and subject to
existing valid rights, all right, title and interest of the
United States in and to approximately 5.73 acres of land as
described by plat dated July 7, 1977, (which is on file and
available for public inspection in the Office of the Chief,
USDA Forest Service, Washington, D.C.), as well as all
improvements, including the Bend Silviculture Lab located
thereon, to the Central Oregon Community College, Bend,
Oregon; this being a portion of the same tract acquired by
donation from the City of Bend on August 10, 1960, through a
Bargain and Sale deed to the USDA Forest Service for use as a
research lab, and recorded in volume 125, page 508 of the
Deschutes County, Oregon, Deed Records.
(b) Conditions of transfer.--The transfer effected by
subsection (a) is made subject to no special terms or
conditions.
Sec. 322. No part of any appropriation contained in this
Act or any other Act shall be expended or obligated to fund
the activities of the Office of Forestry and Economic
Assistance, or any successor office after December 31, 1996.
Sec. 323. (a) The Secretary of the Interior is authorized
to accept title to approximately 84 acres of land located in
Prince Georges County, Maryland, adjacent to Oxon Cove Park,
and bordered generally by the Potomac River, Interstate 295
and the Woodrow Wilson Bridge, or any interest therein, and
in exchange therefor may convey to the Corrections
Corporation of America approximately 50 acres of land located
in Oxon Cove Park in the District of Columbia and bordered
generally by Oxon Cove, Interstate 295 and the District of
Columbia Impound Lot, or any interest therein.
(b) Before proceeding with an exchange, the Secretary shall
determine if the federal property is suitable for exchange
under the criteria normally used by the National Park
Service. The exchange shall comply with applicable
regulations and National Park Service policies for land
exchanges.
(c)(1) The Secretary shall not acquire any lands under this
section if the Secretary determines that the lands or any
portion thereof have become contaminated with hazardous
substances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 960l)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect
to any hazardous wastes or other substances placed on any of
the lands covered by this section after their transfer to the
ownership of any party, but nothing in this section shall be
construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party: Provided, That the Corrections
Corporation of America shall indemnify the United States for
liabilities arising under the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 960l)
and the Resource Conservation Recovery Act (42 U.S.C. 690l,
et seq.).
(d) The properties so exchanged either shall be
approximately equal in fair market value or if they are not
approximately equal, shall be equalized by the payment of
cash to the Corporation or to the Secretary as required or in
the event the value of the Corporation's lands is greater,
the acreage may be reduced so that the fair market value is
approximately equal: Provided, That the Secretary shall order
appraisals made of the fair market value for improvements
thereon: Provided further, That any such cash payment
received by the Secretary shall be deposited to
``Miscellaneous Trust Funds, National Park Service'' and
shall be available without further appropriation until
expended for the acquisition of land within the National Park
System.
(e) Costs of conducting necessary land surveys, preparing
the legal descriptions of the lands to be conveyed,
performing the appraisals, and administrative costs incurred
in completing the exchange shall be borne by the Corporation.
(f) Following any exchange authorized by this provision,
the boundaries of Oxon Cove Park shall be expanded to include
the land acquired by the United States.
Sec. 324. Section 1. Land Exchange.--
(a) Exchange.--Subject to subsection (c), the Secretary of
Agriculture (referred to in this section as the
``Secretary'') shall convey all right, title, and interest of
the United States in and to the National Forest System lands
described in subsection (b)(1) to Public Utility District No.
1 of Chelan County, Washington (referred to in this section
as the ``Public Utility District''), in exchange for the
conveyance to the Department of Agriculture by the Public
Utility District of all right, title, and interest of the
Public Utility District in and to the lands described in
subsection (b)(2).
(b) Description of lands.--
(1) National Forest System Lands.--The National Forest
System lands referred to in subsection (a) are 122 acres,
more or less, that are partially occupied by a wastewater
treatment facility referred to in subsection (c)(4)(A) with
the following legal description:
(A) The NE\1/4\ of SW\1/4\ of section 27 of township 27
north, range 17 east, Willamette Meridian, Chelan County,
Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such section 27.
(E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of such section
27.
(F) That portion of the S\1/2\ of SE\1/4\ of SW\1/4\ lying
north of the northerly edge of Highway 209 right-of-way of
such section 27.
(2) Public utility district lands.--The lands owned by the
Public Utility District are 109.15 acres, more or less, with
the following legal description:
(A) S\1/2\ of SW\1/4\ of section 35 of township 26 north,
range 17 east, Willamette Meridian, Chelan County,
Washington.
(B) The area specified by Public Utility District No. 1 as
Government Lot 5 in such section 35.
(c) Requirements for exchange.--
(1) Title acceptance and conveyance.--Upon offer by the
Public Utility District of all right, title and interest in
and to the lands described in subsection (b)(2), if the title
is found acceptable by the Secretary, the Secretary shall
accept title to such lands and interests therein and shall
convey to the Public Utility District all right, title, and
interest of the United States in and to the lands described
in subsection (b)(1).
(2) Appraisals required.--Before making an exchange
pursuant to subsection (a), the Secretary shall conduct
appraisals of the lands that are subject to the exchange to
determine the fair market value of the lands. Such appraisals
shall not include the value of the wastewater treatment
facility referred to in paragraph (4)(A).
(3) Additional consideration.--If, on the basis of the
appraisals made under paragraph (1), the Secretary determines
that the fair market value of the lands to be conveyed by one
party under subsection (a) is less than the fair market value
of the lands to be conveyed by the other party under
subsection (a), then, as a condition of making the exchange
under subsection (a), the party conveying the lands with the
lesser value shall pay the other party the amount by which
the fair market value of the lands of greater value exceeds
the fair market value of the lands of lesser value.
(4) Conveyance of wastewater treatment facility.--(A) As
part of an exchange made under subsection (a), the Secretary
shall convey to the Public Utility District of Chelan County,
Washington, all right, title and interest of the United
States in and to the wastewater treatment facility (including
the wastewater treatment plant and associated lagoons)
located on the lands described in subsection (b)(1) that is
in existence on the date of the exchange.
(B) As a condition for the exchange under subsection (a),
the Public Utility District shall provide for a credit equal
to the fair market value of the wastewater treatment facility
conveyed pursuant to subparagraph (A) (determined as of
November 4, 1991), that shall be applied to the United
States' share of any new wastewater treatment facility
constructed by the Public Utility District after such date.
(d) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection
with the exchange under this section as the Secretary
determines appropriate to protect the interests of the United
States.
Sec. 325. ``Snoqualmie National Forest Boundary Adjustment
Act of 1996.''
(a) In general.--The Secretary of Agriculture is hereby
directed to modify the boundary of the Snoqualmie National
Forest to include and encompass 10,589.47 acres, more or
less, as generally depicted on a map entitled ``Snoqualmie
National Forest Proposed 1996 Boundary Modification'' dated
July, 1996. Such map, together with a legal description of
all lands included in the boundary adjustment, shall be on
file and available for public inspection in the Office of the
Chief of the Forest Service in Washington, District of
Columbia.
(b) Rule for land and water conservation fund.--For the
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundary of the
Snoqualmie National Forest, as modified pursuant to
subsection (a), shall be considered to be the boundary of
that National Forest as of January 1, 1965.
Sec. 326. Sugarbush Land Exchange Act of 1996.
(a) Exchange or sale of land.--
(1) If Sugarbush Resort Holdings, Inc. conveys to the
United States land acceptable to the Secretary of Agriculture
that is at least equal in value to the value of the land
described in subsection (a)(2), makes a payment of cash at
least equal to that value, or conveys land and makes a
payment of cash that in combination are at least equal to
that value, the Secretary, subject to valid existing rights,
shall, under such terms and conditions as the Secretary may
prescribe, convey all right, title, and interest of the
United States in and to the land described in subsection
(a)(2).
(2) Federal land to be exchanged.--The Federal land to be
exchanged is approxi
[[Page 2535]]
mately 57 acres of federally owned land in the Green Mountain
National Forest depicted on the map entitled ``Green Mountain
National Forest, Sugarbush Exchange,'' dated December 1995.
(3) Lands acquired from Sugarbush Resort Holdings, Inc.--
Any land conveyed to the United States in an exchange under
subsection (a)(1) shall be subject to such valid existing
rights of record as may be acceptable to the Secretary, and
the title to the parcel shall conform with the title approval
standards applicable to federal land acquisitions.
(b) Administration of land.--
(1) Addition to green mountain national forest.--On
approval and acceptance of title by the Secretary, the land
acquired by the United States through an exchange or with
proceeds from a sale under subsection (a) shall become part
of the Green Mountain National Forest, and the boundaries of
the National Forest shall be adjusted to include the land.
(2) Administration.--Land acquired under this Act shall be
administered by the Secretary in accordance with the laws
(including regulations) pertaining to the National Forest
System.
(3) Authority of the secretary.--This section does not
limit the authority of the Secretary to adjust the boundaries
of the Green Mountain National Forest pursuant to section 11
of the Act of March 1, 1911 (36 Stat. 963, chapter 186; 16
U.S.C. 521) (commonly known as the ``Weeks Law'').
(4) For the purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Green Mountain National Forest, as adjusted
under this Act, shall be considered to be the boundaries of
the Green Mountain National Forest as of January 1, 1965.
Sec. 327. Snowbird Wilderness Study Area.
(a) In General.--Section 6(a)(4) of the North Carolina
Wilderness Act of 1984 (Public Law 98-324) is amended--
(1) by striking ``eight thousand four hundred and ninety
acres'' and inserting ``8,390 acres''; and
(b) by striking ``July 1983'' and inserting ``July 1996''.
(B) Management.--The Secretary of Agriculture shall manage
the area removed from wilderness study status by the
amendments made by subsection (a) in accordance with the
provision of law applicable to adjacent areas outside the
wilderness study area.
Sec. 328. Renaming of Wilderness Area.
(a) The Columbia Wilderness, created by the Oregon
Wilderness Act of 1984, Public Law 98-328, located in the Mt.
Hood National Forest, Oregon, shall be known and designated
as the ``Mark O. Hatfield Wilderness''.
(b) Any references in a law, map, regulation, document,
paper, or other record of the United States to the Columbia
Wilderness shall be deemed to be a reference to the ``Mark O.
Hatfield Wilderness''.
Sec. 329. Notwithstanding any other provision of law, for
fiscal year 1997 the Secretaries of Agriculture and Interior
are authorized to limit competition for watershed restoration
project contracts as part of the ``Jobs in the Woods''
component of the President's Forest Plan for the Pacific
Northwest to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, and
northern California that have been affected by reduced timber
harvesting on Federal lands.
Sec. 330. Section 9 of the Rhode Island Indian Claims
Settlement Act (25 U.S.C. 1708) is amended--
(1) by striking ``Sec. 9. Except as''; and inserting the
following:
``(a) In General.--Except as'';
(2) by striking the section heading and inserting the
following:
``SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF SETTLEMENT
LANDS UNDER THE INDIAN GAMING REGULATORY
ACT.'';
and
(3) by adding at the end the following new subsection:
``(b) Treatment of Settlement Lands Under the Indian Gaming
Regulatory Act.--For purposes of the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.), settlement lands shall not be
treated as Indian lands.''.
TITLE IV--EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for management of lands and
resources, $3,500,000, to remain available until expended, to
restore public lands damaged by fire: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
wildland fire management
For an additional amount for wildland fire management,
$100,000,000, to remain available until expended, for
emergency rehabilitation and wildfire suppression activities
of the Department of the Interior: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
oregon and california grant lands
For an additional amount for Oregon and California grant
lands, $2,500,000, to remain available until expended, to
restore public lands damaged by fire: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
United States Fish and Wildlife Service
resource management
For an additional amount for resource management,
$2,100,000, to remain available until expended, of which
$600,000 is to restore public lands damaged by fire and
$1,500,000 is to address anti-terrorism requirements:
Provided, That Congress hereby designates this amount as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
construction
For an additional amount for construction, $15,891,000, to
remain available until expended, to repair damage caused by
hurricanes, floods and other acts of nature: Provided, That
Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
National Park Service
operation of the national park system
For an additional amount for operation of the National park
system, $2,300,000, to remain available until expended, to
address anti-terrorism requirements: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
construction
For an additional amount for construction, $9,300,000, to
remain available until expended, of which $3,000,000 is to
repair damage caused by hurricanes and $6,300,000 is to
address anti-terrorism requirements: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
United States Geological Survey
surveys, investigations, and research
For an additional amount for surveys, investigations, and
research, $1,138,000, to remain available until expended, to
address damage caused by hurricanes and floods: Provided,
That Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for operation of Indian programs,
$6,600,000, to remain avail
[[Page 2536]]
able until expended, to repair damage caused by floods and to
restore Indian lands damaged by fire: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
construction
For an additional amount for construction, $6,000,000, to
remain available until expended, to repair damage caused by
floods: Provided, That Congress hereby designates this amount
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That this
amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for the National Forest System,
$3,395,000 to remain available until expended, to repair
damage caused by hurricanes: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(d)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control act of 1985, as amended; Provided
further, That this amount shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
wildland fire management
For an additional amount for wildland fire management,
$550,000,000, to remain available until expended, for
presuppression due to emergencies for emergency fire
suppression on or adjacent to National Forest System lands or
other lands under fire protection agreement and for emergency
rehabilitation of burned over National Forest System lands:
Provided, That such funds are available for repayment of
advances from other appropriations accounts previously
transferred for such purposes: Provided further, That
Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
reconstruction and construction
For an additional amount for reconstruction and
construction, $5,210,000, to remain available until expended,
top repair damage caused by hurricanes: Provided, That
Congress hereby designates this amount as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That this amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the president to the
Congress.
OTHER RELATED AGENCIES
Smithsonian Institution
salaries and expenses
For an additional amount for salaries and expenses,
$935,000, to remain available until expended, to address
anti-terrorism requirements: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That this amount shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For an additional amount for operations and maintenance,
$1,600,000, to remain available until expended, to address
anti-terrorism requirements: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That this amount shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
construction
For an additional amount for construction, $3,400,000, to
remain available until expended, to address anti-terrorism
requirements: Provided, That Congress hereby designates this
amount as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That this
amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
National Gallery of Art
salaries and expenses
For an additional amount for salaries and expenses,
$382,000, to remain available until expended, to address
anti-terrorism requirements: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That this amount shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
United States Holocaust Memorial Council
holocaust memorial council
For an additional amount for the Holocaust Memorial
Council, $1,000,000, to remain available until expended, to
address anti-terrorism requirements: Provided, That Congress
hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended:
Provided further, That this amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
This Act may be cited as the ``Department of the Interior
and Related Agencies Appropriations Act, 1997''.
(e) For programs, projects or activities in the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1997, provided as
follows, to be effective as if it had been enacted into law
as the regular appropriations Act:
AN ACT Making appropriations for the Departments of Labor,
Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 1997, and
for other purposes
TITLE I-DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For expenses necessary to carry into effect the Job
Training Partnership Act, as amended, including the purchase
and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and
the purchase of real property for training centers as
authorized by the Job Training Partnership Act; the Women in
Apprenticeship and Nontraditional Occupations Act; the
National Skill Standards Act of 1994; and the School-to-Work
Opportunities Act; $4,719,703,000 plus reimbursements, of
which $3,559,408,000 is available for obligation for the
period July 1, 1997 through June 30, 1998; of which
$88,685,000 is available for the period July 1, 1997 through
June 30, 2000 for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers; and of
which $200,000,000 shall be available from July 1, 1997
through September 30, 1998, for carrying out activities of
the School-to-Work Opportunities Act: Provided, That
$52,502,000 shall be for carrying out section 401 of the Job
Training Partnership Act, $69,285,000 shall be for carrying
out section 402 of such Act, $7,300,000 shall be for carrying
out section 441 of such Act, $8,000,000 shall be for all
activities conducted by and through the National Occupational
Information Coordinating Committee under such Act,
$895,000,000 shall be for carrying out title II, part A of
such Act, and $126,672,000 shall be for carrying out title
II, part C of such Act: Provided further, That no funds from
any other appropriation shall be used to provide mean
services at or for Job Corps centers: Provided further, That
funds provided to carry out title III of the Job Training
Partnership Act shall not be subject to the limitation
contained in subsection (b) of section 315 of such Act; that
the waiver allowing a reduction in the cost limitation
relating to retraining services described in subsection
(a)(2) of such section 315 may be granted with respect to
funds from this Act if a substate grantee demonstrates to the
Governor that such waiver is appropriate due to the
availability of low-cost retraining services, is necessary to
facilitate the provi
[[Page 2537]]
sion of needs-related payments to accompany long-term
training, or is necessary to facilitate the provision of
appropriate basic readjustment services; and that funds
provided to carry out the Secretary's discretionary grants
under part B of such title III may be used to provide needs-
related payments to participants who, in lieu of meeting the
requirements relating to enrollment in training under section
314(e) of such Act, are enrolled in training by the end of
the sixth week after grant funds have been awarded: Provided
further, That service delivery areas may transfer funding
provided herein under authority of titles II-B and II-C of
the Job Training Partnership Act between the programs
authorized by those titles of that Act, if such transfer is
approved by the Governor: Provided further, That service
delivery areas and substate areas may transfer up to 20
percent of the funding provided herein under authority of
title II-A and title III of the Job Training Partnership Act
between the programs authorized by those titles of the Act,
if such transfer is approved by the Governor: Provided
further, That, notwithstanding any other provision of law,
any proceeds from the sale of Job Corps center facilities
shall be retained by the Secretary of Labor to carry out the
Job Corps program: Provided further, That notwithstanding any
other provision of law, the Secretary of Labor may waive any
of the statutory or regulatory requirements of titles I-III
of the Job Training Partnership Act (except for requirements
relating to wage and labor standards, worker rights,
participation and protection, grievance procedures and
judicial review, nondiscrimination, allocation of funds to
local areas, eligibility, review and approval of plans, the
establishment and functions of service delivery areas and
private industry councils, and the basic purposes of the
Act), and any of the statutory or regulatory requirements of
sections 8-10 of the Wagner-Peyser Act (except for
requirements relating to the provision of services to
unemployment insurance claimants and veterans, and to
universal access to basic labor exchange services without
cost to job seekers), only for funds available for
expenditure in program year 1997, pursuant to a request
submitted by a State which identifies the statutory or
regulatory requirements that are requested to be waived and
the goals which the State or local service delivery areas
intend to achieve, describes the actions that the State or
local service delivery areas have undertaken to remove State
or local statutory or regulatory barriers, describes the
goals of the waiver and the expected programmatic outcomes if
the request is granted, describes the individuals impacted by
the waiver, and describes the process used to monitor the
progress in implementing a waiver, and for which notice and
an opportunity to comment on such request has been provided
to the organizations identified in section 105(a)(1) of the
Job Training Partnership Act, if and only to the extent that
the Secretary determines that such requirements impede the
ability of the State to implement a plan to improve the
workforce development system and the State has executed a
Memorandum of Understanding with the Secretary requiring such
State to meet agreed upon outcomes and implement other
appropriate measures to ensure accountability: Provided
further, That the Secretary of Labor shall establish a
workforce flexibility (work-flex) partnership demonstration
program under which the Secretary shall authorize not more
than six States, of which at least three States shall each
have populations not in excess of 3,500,000, with a
preference given to those States that have been designated
Ed-Flex Partnership States under section 311(e) of Public Law
103-227, to waive any statutory or regulatory requirement
applicable to service delivery areas or substate areas within
the State under titles I-III of the Job Training Partnership
Act (except for requirements relating to wage and labor
standards, grievance procedures and judicial review,
nondiscrimination, allotment of funds, and eligibility), and
any of the statutory or regulatory requirements of sections
8-10 of the Wagner-Peyser Act (except for requirements
relating to the provision of services to unemployment
insurance claimants and veterans, and to universal access to
basic labor exchange services without cost to job seekers),
for a duration not to exceed the waiver period authorized
under section 311(e) of Public Law 103-227, pursuant to a
plan submitted by such States and approved by the Secretary
for the provision of workforce employment and training
activities in the States, which includes a description of the
process by which service delivery areas and substate areas
may apply for and have waivers approved by the State, the
requirements of the Wagner-Peyser Act to be waived, the
outcomes to be achieved and other measures to be taken to
ensure appropriate accountability for federal funds.
Community Service Employment for Older Americans
(transfer of funds)
To carry out the activities for national grants or
contracts with public agencies and public or private
nonprofit organizations under paragraph (1)(A) of section
506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as
subsequently authorized, $361,140,000, including $21,840,000
which shall be available for the period ending June 30, 1997.
To carry out the activities for grants to States under
paragraph (3) of section 506(a) of title V of the Older
Americans Act of 1965, as amended, or to carry out older
worker activities as subsequently authorized, $101,860,000,
including $6,160,000 which shall be available for the period
ending June 30, 1997.
The funds appropriated under this heading shall be
transferred to the Department of Health and Human Services,
``Aging Services Programs'' following the enactment of
legislation authorizing the administration of the program by
that Department.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I, and
for training, for allowances for job search and relocation,
and for related State administrative expenses under part II,
subchapters B and D, chapter 2, title II of the Trade Act of
1974, as amended, $324,500,000, together with such amounts as
may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15 of the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $173,452,000,
together with not to exceed $3,146,826,000 (including not to
exceed $1,653,000 which may be used for amortization payments
to States which had independent retirement plans in their
State employment service agencies prior to 1980, and
including not to exceed $2,000,000 which may be obligated in
contracts with non-State entities for activities such as
occupational and test research activities which benefit the
Federal-State Employment Service System), which may be
expended from the Employment Security Administration account
in the Unemployment Trust Fund including the cost of
administering section 1201 of the Small Business Job
Protection Act of 1996, section 7(d) of the Wagner-Peyser
Act, as amended, the Trade Act of 1974, as amended, the
Immigration Act of 1990, and the Immigration and Nationality
Act, as amended, and of which the sums available in the
allocation for activities authorized by title III of the
Social Security Act, as amended (42 U.S.C. 502-504), and the
sums available in the allocation for necessary administrative
expenses for carrying out 5 U.S.C. 8501-8523, shall be
available for obligation by the States through December 31,
1997, except that funds used for automation acquisitions
shall be available for obligation by States through September
30, 1999; and of which $23,452,000, together with not to
exceed $738,283,000 of the amount which may be expended from
said trust fund, shall be available for obligation for the
period July 1, 1997 through June 30, 1998, to fund activities
under the Act of June 6, 1933, as amended, including the cost
of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made
available to States in lieu of allotments for such purpose,
and of which $216,333,000 shall be available only to the
extent necessary for additional State allocations to
administer unemployment compensation laws to finance
increases in the number of unemployment insurance claims
filed and claims paid or changes in a State law: Provided,
That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1997 is projected by the
Department of Labor to exceed 2,828,000 an additional
$28,600,000 shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the
Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds
appropriated in this Act which are used to establish a
national one-stop career center network may be obligated in
contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for
activities authorized under the Wagner-Peyser Act, as
amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding
cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund
as authorized by section 9501(c)(1) of the Internal Revenue
Code of 1954, as amended; and for nonrepayable advances to
the Unemployment Trust Fund as authorized by section 8509 of
title 5, United States Code, section 104(d) of Public Law
102-164, and section 5 of Public Law 103-6, and to the
``Federal unemployment benefits and allowances'' account, to
remain available until September 30, 1998, $373,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 1997, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums
as may be necessary.
program administration
For expenses of administering employment and training
programs and for carrying out section 908 of the Social
Security Act, $81,393,000, together with not to exceed
$39,977,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund.
[[Page 2538]]
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for Pension and Welfare Benefits
Administration, $77,083,000, of which $6,000,000 shall remain
available through September 30, 1998 for expenses of revising
the processing of employee benefit plan returns.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 9104), as may
be necessary in carrying out the program through September
30, 1997, for such Corporation: Provided, That not to exceed
$10,345,000 shall be available for administrative expenses of
the Corporation: Provided further, That expenses of such
Corporation in connection with the termination of pension
plans, for the acquisition, protection or management, and
investment of trust assets, and for benefits administration
services shall be considered as non-administrative expenses
for the purposes hereof, and excluded from the above
limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal,
and local agencies and their employees for inspection
services rendered, $290,422,000, together with $983,000 which
may be expended from the Special Fund in accordance with
section 39(c) and 44 (j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That the Secretary of Labor is
authorized to accept, retain, and spend, until expended, in
the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance
with the terms of the Consent Judgment in Civil Action No.
91-0027 of the United States District Court for the District
of the Northern Mariana Islands (May 21, 1992): Provided
further, That the Secretary of Labor is authorized to
establish and, in accordance with 31 U.S.C. 3302, collect and
deposit in the Treasury fees for processing applications and
issuing certificates under sections 11(d) and 14 of the Fair
Labor Standards Act of 1938, as amended (29 U.S.C. 2119d) and
214) and for processing applications and issuing
registrations under Title I of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by title 5, chapter 81 of
the United States Code; continuation of benefits as provided
for under the head ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; and sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App.
2012); and 50 per centum of the addition compensation and
benefits required by section 10(h) of the Longshore and
Harbor Workers' Compensation Act, as amended, $213,000,000
together with such amounts as may be necessary to be charged
to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That such sums as
are necessary may be used under section 8104 of title 5,
United States Code, by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a reemployed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated
on September 30, 1996, shall remain available until expended
for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount for
its fair share of the cost of administration, such sums as
the Secretary of Labor determines to be the cost of
administration for employees of such fair share entities
through September 30, 1997: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration, $11,390,000 shall
be made available to the Secretary of Labor for expenditures
relating to capital improvements in support of Federal
Employees' Compensation Act administration, and the balance
of such funds shall be paid into the Treasury as
miscellaneous receipts: Provided further, That the Secretary
may require that any person filing a notice of injury or a
claim for benefits under Subchapter 5, U.S.C., chapter 81, or
under subchapter 33, U.S.C. 901, et seq. (the Longshore and
Harbor Workers' Compensation Act, as amended), provide as
part of such notice and claim, such identifying information
(including Social Security account number) as such
regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$1,007,644,000, of which $961,665,000 shall be available
until September 30, 1998, for payment of all benefits as
authorized by section 9501(d) (1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended, and interest on
advances as authorized by section 9501(c)(2) of that Act, and
of which $26,071,000 shall be available for transfer to
Employment Standards Administration, Salaries and Expenses,
$19,621,000 for transfer to Departmental Management, Salaries
and Expenses, and $287,000 for transfer to Departmental
Management, Office of Inspector General, for expenses of
operation and administration of the Black Lung Benefits
program as authorized by section 9501(d)(5)(A) of that Act:
Provided, That, in addition, such amounts as may be necessary
may be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for any
period subsequent to August 15 of the current year: Provided
further, That in addition such amounts shall be paid from
this fund into miscellaneous receipts as the Secretary of the
Treasury determines to be the administrative expenses of the
Department of the Treasury for administering the fund during
the current fiscal year, as authorized by section
9501(d)(5)(B) of that Act.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $325,734,000, including not to exceed
$77,354,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act, which grants shall be no less than
fifty percent of the costs of State occupational safety and
health programs required to be incurred under plans approved
by the Secretary under section 18 of the Occupational Safety
and Health Act of 1970; and, in addition, notwithstanding 31
U.S.C. 3302, the Occupational Safety and Health
Administration may retain up to $750,000 per fiscal year of
training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary
of Labor is authorized, during the fiscal year ending
September 30, 1997, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and
may utilize such sums, in accordance with the provisions of
29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of
equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe,
issue, administer, or enforce any standard, rule, regulation,
or order under the Occupational Safety and Health Act of 1970
which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and
employs ten or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health
Act of 1970 with respect to any employer of ten or fewer
employees who is included within a category having an
occupational injury lost workday case rate, at the most
precise Standard Industrial Classification Code for which
such data are published, less than the national average rate
as such rates are most recently published by the Secretary,
acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act: Provided further, That the
foregoing proviso shall not apply to any person who is
engaged in a farming operation which does not maintain a
temporary labor camp and employs ten or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $197,810,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles;
the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
[[Page 2539]]
sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety
associations; and any funds available to the Department may
be used, with the approval of the Secretary, to provide for
the costs of mine rescue and survival operations in the event
of a major disaster: Provided, That none of the funds
appropriated under this paragraph shall be obligated or
expended to carry out section 115 of the Federal Mine Safety
and Health Act of 1977 or to carry out that portion of
section 104(g)(1) of such Act relating to the enforcement of
any training requirements, with respect to shall dredging, or
with respect to any sand, gravel, surface stone, surface
clay, colloidal phosphate, or surface limestone mine.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$309,647,000, of which $16,145,000 shall be for expenses of
revising the Consumer Price Index and shall remain available
until September 30, 1998, together with not to exceed
$52,053,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust
Fund.
Departmental Management
salaries and expenses
For necessary expenses for Department Management, including
the hire of three sedans, and including up to $4,358,000 for
the President's Committee on Employment of People With
Disabilities, $144,211,000; together with not to exceed
$297,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund:
Provided, That no funds made available by this Act may be
used by the Solicitor of Labor to participate in a review in
any United States court of appeals of any decision made by
the Benefits Review board under section 21 of the Longshore
and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United
States Supreme Court in Director, Office of Workers'
Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995): Provided further, That no funds made
available by this Act may be used by the Secretary of Labor
to review a decision under the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review
Board for more than 12 months: Provided further, That any
such decision pending a review by the Benefits Review Board
for more than one year shall be considered affirmed by the
Benefits Review Board on that date, and shall be considered
the final order of the Board for purposes of obtaining a
review in the United States courts of appeals: Provided
further, That these provisions shall not be applicable to the
review of any decision issued under the Black Lung Benefits
Act (30 U.S.C. 901 et seq.).
assistant secretary for veterans employment and training
Not to exceed $181,949,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of 38
U.S.C. 4100-4110A and 4321-4327, and Public Law 103-353, and
which shall be available for obligation by the States through
December 31, 1997.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $42,938,000, together with
not to exceed $3,543,000, which may be expended from the
Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of $125,000.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act, as amended) which are appropriated for the
current fiscal year for the Department of Labor in this Act
may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least
fifteen days in advance of any transfer.
Sec. 103. Funds shall be available for carrying out title
IV-B of the Job Training Partnership Act, notwithstanding
section 427(c) of that Act, if a Job Corps center fails to
meet national performance standards established by the
Secretary.
Sec. 104. Effective January 1, 1997, no funds appropriated
or otherwise made available to the Department of Labor in
this title shall be disbursed without the approval of the
Department's Chief Financial Officer or his delegatee.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Labor may waive any of the requirements
contained in sections 4, 104, 105, 107, 108, 121, 164, 204,
253, 254, 264, 301, 311, 313, 314, and 315 of the Job
Training Partnership Act in order to assist States in
improving State workforce development systems, pursuant to a
request submitted by a State that has prior to the date of
enactment of this Act executed a Memorandum of Understanding
with the United States requiring such State to meet agreed
upon outcomes.
This title may be cited as the ``Department of Labor
Appropriations Act, 1997''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XVI,
XIX, and XXVI of the Public Health Service Act, section
427(a) of the Federal Coal Mine Health and Safety Act, title
V of the Social Security Act, the Health Care Quality
Improvement Act of 1986, as amended, and the Native Hawaiian
Health Care Act of 1988, as amended, $3,405,019,000, of which
$297,000 shall remain available until expended for interest
subsidies on loan guarantees made prior to fiscal year 1981
under part B of title VII of the Public Health Service Act:
Provided, That the Division of Federal Occupational Health
may utilize personal services contracting to employ
professional management/administrative and occupational
health professionals: Provided further, That of the funds
made available under this heading, $828,000 shall be
available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided further,
That in addition to fees authorized by section 427(b) of the
Health Care Quality Improvement Act of 1986, fees shall be
collected for the full disclosure of information under the
Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available
until expended to carry out that Act: Provided further, That
no more than $5,000,000 is available for carrying out the
provisions of Public Law 104-73: Provided further, That of
the funds made available under this heading, $198,452,000
shall be for the program under title X of the Public Health
Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office: Provided further, That $167,000,000 shall be
for State AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act and shall be
distributed to States as authorized by section 2618(b)(2) of
such Act: Provided further, That notwithstanding any other
provision of law, funds made available under this heading may
be used to continue operating the Council on Graduate Medical
Education established by section 301 of Public law 102-408:
Provided further, That, of the funds made available under
this heading, not more than $8,000,000 shall be made
available and shall remain available until expended for loan
guarantees for loans made by non-Federal lenders for the
construction, renovation, and modernization of medical
facilities that are owned and operated by health centers
funded under part A of title XVI of the Public Health Service
Act as amended, and, subject to authorization, for loans made
to health centers for the costs of developing and operating
managed care networks or plans, and that such funds be
available to subsidize guarantees of total loan principal in
an amount not to exceed $80,000,000: Provided further, That
notwithstanding section 502(a)(1) of the Social Security Act,
not to exceed $103,609,000 is available for carrying out
special projects of regional and national significance
pursuant to section 501(a)(2) of such Act.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of
the Public Health Service Act, $7,000,000, together with any
amounts received by the Secretary in connection with loans
and loan guarantees under title VI of the Public Health
Service Act, to be available without fiscal year limitation
for the payment of interest subsidies. During the fiscal
year, no commitments for direct loans or loan guarantees
shall be made.
health education assistance loans program
For the cost of guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as
authorized by title VII of the Public Health Service Act, as
amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the total loan principal any part of which is to be
guaranteed at not to exceed $140,000,000. In addition, for
administrative expenses to carry out the guaranteed loan
program, $2,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims
associated with vaccine-related injury or death
[[Page 2540]]
with respect to vaccines administered after September 30,
1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to
exceed $3,000,000 shall be available from the Trust Fund to
the Secretary of Health and Human Services.
vaccine injury compensation
For payment of claims resolved by the United States Court
of Federal Claims related to the administration of vaccines
before October 1, 1988, $110,000,000 to remain available
until expended.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, and XIX of
the Public Health Service Act, sections 101, 102, 103, 201,
202, 203, 301, and 501 of the Federal Mine Safety and Health
Act of 1977, and sections 20, 21 and 22 of the Occupational
Safety and Health Act of 1970, title IV of the Immigration
and Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and
operation of aircraft, $2,262,698,000, of which $30,553,000
shall remain available until expended for equipment and
construction and renovation of facilities, and of which
$32,000,000 shall remain available until September 30, 1998
for mine safety and health activities, and in addition, such
sums as may be derived from authorized user fees, which shall
be credited to this account: Provided, That in addition to
amounts provided herein, up to $48,400,000 shall be available
from amounts available under section 241 of the Public Health
Service Act, to carry out the National Center for Health
Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the
Centers for Disease Control and Prevention may be used to
advocate or promote gun control: Provided further, That the
Director may redirect the total amount made available under
authority of Public Law 101-502, section 3, dated November 3,
1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any
such transfer: Provided further, That the functions described
in clause (1) of the first proviso under the subheading
``mines and minerals'' under the heading ``Bureau of Mines''
in the text of title I of the Department of the Interior and
Related Agencies Appropriations Act, 1996, as enacted by
section 101 (c) of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134), are hereby
transferred to, and vested in, the Secretary of Health and
human Services, subject to section 1531 of title 31, United
States Code: Provided further, That of the amount provided,
$23,000,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
In addition, $41,000,000, to be derived from the Violent
Crime Reduction Trust Fund, for carrying out sections 40151
and 40261 of Public Law 103-322.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $2,382,532,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $1,433,001,000.
national institute of dental research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$195,997,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $815,982,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $726,746,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $1,257,234,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$998,470,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $631,703,000.
national eye institute
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $332,735,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental
health sciences, $309,819,000.
national institute on aging
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $486,047,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $257,111,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $188,422,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$59,743,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $212,004,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $489,375,000.
national institute of mental health
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$701,585,000.
national center for research resources
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $415,145,000: Provided, That
none of these funds shall be used to pay recipients of the
general research support grants program any amount for
indirect expenses in connection with such grants: Provided
further, That $20,000,000 shall be for extramural facilities
construction grants.
national center for human genome research
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$189,657,000.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty
International Center, $26,586,000.
national library of medicine
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $151,103,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 1997, the Library may
enter into personal services contract for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $287,206,000, of
which $35,589,000 shall be for the Office of AIDS Research:
Provided, That funding shall be available for the purchase of
not to exceed five passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to 1
percent of the total amount made available in this Act to all
National Institutes of Health appropriations to activities
the Director may so designate: Provided further, That no such
appropriation shall be increased or decreased by more than 1
percent by any such transfers and that the Congress is
promptly notified of the transfer: Provided further, That NIH
is authorized to collect third party payments for the cost of
clinical services that are incurred in National Institutes of
Health research facilities and that such payments shall be
credited to the National Institutes of Health Management
Fund: Provided further, That all funds credited to the NIH
Management Fund shall remain available for one fiscal year
after the fiscal year in which they are deposited: Provided
further, That up to $200,000 shall be available to carry out
section 499 of the Public Health Service Act.
buildings and facilities
For the study of, construction of, and acquisition of
equipment for, facilities of or used by the National
Institutes of Health, including the acquisition of real
property, $200,000,000, to remain available until expended,
of which $90,000,000 shall be for the clinical research
center: Provided, That, notwithstanding any other provision
of law, a single contract or related contracts for the
development and construction of the clinical research center
may be employed which collectively include the full scope of
the project: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds''
found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health
services, the Protection and Advocacy for Mentally Ill
Individuals Act of 1896, section 30401 of Public Law 103-322
and section 301 of the Public
[[Page 2541]]
Health Service Act with respect to program management,
$2,134,743,000, of which $5,000,000 shall be for grants to
rural and Native American projects and $12,800,000 shall be
for activities authorized by section 30401 of Public Law 103-
322.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, and for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42
U.S.C. 429(b)), such amounts as may be required during the
current fiscal year.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security
Act, $96,175,000; in addition, amounts received from Freedom
of Information Act fees, reimbursable and interagency
agreements, and the sale of data tapes shall be credited to
this appropriation and shall remain available until expended:
Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed
$47,412,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $75,056,618,000, to
remain available until expended.
For making, after May 31, 1997, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 1997 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1998,
$27,988,993,000, to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under sections 217(g) and 1844 of the Social
Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d) of Public Law 97-
248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $60,079,000,000.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, and XIX of the Social Security Act, title XIII of the
Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $1,735,125,000
to be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
authorized by section 201(g) of the Social Security Act;
together with all funds collected in accordance with section
353 of the Public Health Service Act, the latter funds to
remain available until expended, together with such sums as
may be collected from authorized user fees and the sale of
data, which shall remain available until expended: Provided,
That all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the Public
Health Service Act are to be credited to and available for
carrying out the purposes of this appropriation.
health maintenance organization loan and loan grantee fund
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 1997, no commitments for
direct loans or loan guarantees shall be made.
Administration for Children and Families
family support payments to states
For making payments of such sums as necessary to each State
for carrying out the program of Aid to Families with
Dependent Children under title IV-A of the Social Security
Act in fiscal year 1997 before the effective date of the
program of Temporary Assistance to Needy Families (TANF) with
respect to such State: Provided, That the sum of the amounts
available to a State with respect to expenditures under such
title IV-A in fiscal year 1997 under this appropriation and
under such title IV-A as amended by the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 shall not exceed the limitations under section 116(b) of
such Act.
For making payments to States for carrying out title IV-A
(other than section 402(g)(6)) of the Social Security Act in
calendar quarters prior to October 1, 1996, such sums as may
be necessary.
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$2,158,000,000 to remain available until expended.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act, for
the last three months of the current year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9)
for the first quarter of fiscal year 1998, $607,000,000, to
remain available until expended.
job opportunities and basic skills
For carrying out aid to families with dependent children
work programs, as authorized by part F of title IV of the
Social Security Act, $1,000,000,000.
low income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,000,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,000,000,000, to be available
for obligation in the period October 1, 1997 through
September 30, 1998.
refugee and entrant assistance
For making payments for refugee and entrant assistance
activities authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-422), $412,076,000:
Provided, That funds appropriated pursuant to section 414(a)
of the Immigration and Nationality Act under Public Law 103-
333 for fiscal year 1995 shall be available for the costs of
assistance provided and other activities conducted in such
year and in fiscal years 1996 and 1997.
child care and development block grant
(including transfer of funds)
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and
Development Block Grant Act of 1990), $958,120,000, of which
$937,000,000 shall become available on October 1, 1997 and
shall remain available through September 30, 1998: Provided,
That $19,120,000 shall become available for obligation on
October 1, 1996 for child care activities, of which
$6,120,000 shall be derived from an amount that shall be
transferred from the amount appropriated under section 452(j)
of the Social Security Act (42 U.S.C. 652(j)) for fiscal year
1996 and remaining available for expenditure.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $2,500,000,000: Provided, That
notwithstanding section 2003(c) of such Act, as amended, the
amount specified for allocation under such section for fiscal
year 1997 shall be $2,500,000,000.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities
Assistance and Bill of Rights Act, the Head Start Act, the
Child Abuse Prevention and Treatment Act, the Temporary Child
Care for Children with Disabilities and Crisis Nurseries Act
of 1986, section 429A, part B of title IV of the Social
Security Act, section 413 of the Social Security Act, the
Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of Public Law 95-266
(adoption opportunities), the Abandoned Infants Assistance
Act of 1988, and part B(1) of title IV of the Social Security
Act; for making payments under the Community Services Block
Grant Act; and for necessary administrative expenses to carry
out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of
the Social Security Act, the Act of July 5, 1960 (24 U.S.C.
ch. 9), the Omnibus Budget Reconciliation Act of 1981, title
IV of the Immigration and Nationality Act, section 501 of the
Refugee Education Assistance Act of 1980, and section 126 and
titles IV and V of Public Law 100-485, 5,363,569,000, of
which $536,432,000 shall be for making payments under the
Community Services Block Grant Act: Provided, That to the
extent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided
under the Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That of the amount
appropriated for fiscal year 1997 under section 672(a) of the
Community Services Block Grant Act, the Secretary shall use
up to one percent of the funds available to correct
allocation errors that occurred in fiscal year 1995 and
fiscal year 1996 to ensure that the minimum allotment to each
State for each of fiscal years 1995 and 1996 would be
$2,222,460: Provided further, That no more than one-half of
one percent of the funds available under section 672(a) shall
be used for the purposes of section 674(a) of the Community
Services Block Grant Act.
In addition, $20,000,000, to be derived from the Violent
Crime Reduction Trust Fund, for carrying out sections 40155,
40211 and 40241 of Public Law 103-322.
Funds appropriated for fiscal year 1996 and fiscal year
1997 under section 429A(e), part B of title IV of the Social
Security Act shall be reduced by $6,000,000 in each such
year.
Funds appropriated for fiscal year 1997 under section
413(h)(1) of the Social Security Act shall be reduced by
$15,000,000.
[[Page 2542]]
family preservation and support
For carrying out section 430 of the Social Security Act,
$240,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal
entities, under title IV-E of the Social Security Act,
$4,445,031,000.
For making payments to States or other non-Federal
entities, under title IV-E of the Social Security Act, for
the first quarter of fiscal year 1998, $1,111,000,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the
Older Americans Acts of 1965, as amended, $830,168,000:
Provided, That notwithstanding section 308(b)(1) of such Act,
the amounts available to each State for administration of the
State plan under title III of such Act shall be reduced not
more than 5 percent below the amount that was available to
such State for such purpose for fiscal year 1995: Provided
further, That in considering grant applications for nutrition
services for elder Indian recipients, the Assistant Secretary
shall provide maximum flexibility to applicants who seek to
take into account subsistence, local customs and other
characteristics that are appropriate to the unique cultural,
regional and geographic needs of the American Indian, Alaskan
and Hawaiian native communities to be served.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and
for carrying out titles III, XVII, and XX of the Public
Health Service Act, $174,523,000, together with $5,851,000,
to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under
this heading for carrying out title XVII of the Public Health
Service Act, $11,5000,000 shall be available until expended
for extramural construction: Provided further, That
notwithstanding section 2010 (b) and (c) under title XX of
the Public Health Service Act, as amended, of the funds made
available under this heading, $10,879,000 shall be for
activities specified under section 2003(b)(2) of title XX of
the Public Health Service Act, as amended, and of which
$9,011,000 shall be for prevention grants under section
510(b)(2) of title V of the Social Security Act, as amended:
Provided further, That of the amount provided, $5,775,000 is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $32,999,000, together with any funds, to
remain available until expended, that represent the equitable
share from the forfeiture of property in investigations in
which the Office of Inspector General participated, and which
are transferred to the Office of Inspector General by the
Department of Justice, the Department of the Treasury, or the
United States Postal Service.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$16,216,000, together with not to exceed $3,314,000, to be
transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Hospital Insurance Trust
Fund and the Supplemental Medical Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided,
research studies under section 1110 of the Social Security
Act and section 301(l) of Public Law 104-191, $18,500,000:
Provided, That $9,500,000, to remain available until
September 30, 1998, shall be for carrying out section 301(1)
of Public Law 104-191.
general provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $37,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may
be used to implement section 399L(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds made available by this Act may
be used to withhold payment to any State under the Child
Abuse Prevention and Treatment Act by reason of a
determination that the State is not in compliance with
section 1340,.2(d)(2)(ii) of title 45 of the Code of Federal
Regulations. This provision expires upon the date of
enactment of the reauthorization of the Child Abuse
Prevention and Treatment Act.
Sec. 205. None of the funds appropriated in this Act for
the National Institutes of Health and the Substance Abuse and
Mental Health Services Administration shall be used to pay
the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of $125,000 per
year.
Sec. 206. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
(transfer of funds)
Sec. 207. Of the funds appropriated or otherwise made
available for the Department of Health and Human Services,
General Departmental Management, for fiscal year 1997, the
Secretary of Health and Human Services shall transfer to the
Office of the Inspector General such sums as may be necessary
for any expenses with respect to the provision of security
protection for the Secretary of Health And Human Services.
Sec. 208. None of the funds appropriated in this Act may be
obligated or expended for the Federal Council on Aging under
the Older Americans Act or the Advisory Board on Child Abuse
and Neglect under the Child Abuse Prevention and Treatment
Act.
(transfer of funds)
Sec. 209. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act, as amended) which are appropriated for the
current fiscal year for the Department of Health and Human
Service in this Act may be transferred between
appropriations, but not such appropriation shall be increased
by more than 3 percent by such such transfer: Provided, That
the Appropriations Committees of both House of Congress are
notified at least fifteen days in advance of any transfer.
(transfer of funds)
Sec. 210. The Director of the National Institutes of Health
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and
divisions from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
(transfer of funds)
Sec. 211. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research
related to the human immunodeficiency virus, as jointly
determined by the Director of HIH and the Director of the
Office of AIDS Research, shall be made available to the
``Office of AIDS Resarch'' account. The Director of the
Office of AIDS Research shall transfer from such account
amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 212. Not later than January 1, 1997, the Administrator
of the Health Care Financing Administration, with the advice
and technical assistance of the Agency for Health care Policy
and Research, shall transmit to the appropriate committees of
the Congress a report including--
(1) a review of all available studies and research data on
the treatment of end-stage emphysema and chronic obstructive
pulmonary disease by both unilateral and bilateral lung
volume reduction surgery, involving both invasive and
noninvasive surgery and supplemental surgical methods,
including laser applications; and
(2) a recommendation, based on such review, as to the
appropriateness of Medicare coverage of such procedures and
the conditions, if necessary, that facilities and physicians
should be required to meet, to ensure he efficacy of such
procedures, as more detailed clinical studies are conducted.
Sec. 213. Section 304(a)(1) of the Family Violence
Prevention and Services Act (42 U.S.C. 10403(a)(1)) amended
by striking ``$200,000'' and inserting ``$400,000''.
Sec. 214. The new clinical research center at the National
Institutes of Health is hereby named the Mark O. Hatfield
Clinical Research Center.
Sec. 215. Section 345 of Public Law 104-193 is amended by
replacing ``section 457(a)'' wherever it appears with ``a
plan approved under this part''. Amounts available under such
section shall be calculated as though such section were
effective October 1, 1995.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 1997''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by titles III and IV
of the Goals 2000: Educate America Act and the School-to-Work
Opportunities Act, $691,000,000, of which $476,000,000 for
the Goals 2000: Educate America Act and $200,000,000 for the
School-to-Work Opportunities Act shall become available on
July 1, 1997, and remain available through September 30,
1998: Provided, that none of the funds appropriated under
this heading shall be obligated or expended to carry out
section 304(a)(2)(A) of the Goals 2000: Educate America Act.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965, and section 418A of the Higher
Education Act, $7,698,469,000, of which $6,380,114,000 shall
become available on July 1, 1997, and shall re
[[Page 2543]]
main available through September 30, 1998, and of which
$1,298,386,00 shall become available on October 1, 1997 and
shall remain available through September 30, 1998, for
academic year 1997-1998: Provided, that $6,194,850,000 shall
be available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be
available to the Secretary on October 1, 1996, to obtain
updated local-educational-agency-level census poverty date
from the Bureau of the Census: Provided further, That
$999,249,000 shall be available for concentration grants
under section 1124(A) and $7,000,000 shall be available for
evaluations under section 1501.
impact aid
For carrying out programs of financial assistance to
federally schools authorized by title VIII of the Elementary
and Secondary Education Act of 1965, $730,000,000, of which
$615,500,000 shall be for basic support payments under
section 8003(b), $40,000,000 shall be for payments for
children with disabilities under section 8003(d),
$52,000,000, to remain available until expended, shall be for
payments under section 8003(f), $5,000,000 shall be for
construction under section 8007, and $17,500,000 shall be for
Federal property payments under section 8002.
school improvement programs
For carrying out school improvement activities authorized
by titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the
Elementary and Secondary Education Act of 1965; the Stewart
B. McKinney Homeless Assistance Act; and the Civil Rights Act
of 1964; $1,425,631,000, of which $1,202,478,000 shall become
available on July 1, 1997, and remain available through
September 30, 1998: Provided, That of the amount
appropriated, $310,000,000 shall be for Eisenhower
professional development State grants under title II-B and
$310,000,000 shall be for innovative education program
strategies State grants under title VI-A.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided,
bilingual, foreign language and immigrant education
activities authorized by parts A and C and section 7203 of
title VII of the Elementary and Secondary Education Act,
without regard to section 7103(b), $261,700,000, of which
$100,000,000 shall be for immigrant education programs
authorized by part C: Provided, That State educational
agencies may use all, or any part of, their part C allocation
for competitive grants to local educational agencies:
Provided further, That the Department of Education should
only support instructional programs which ensure that
students completely master English in a timely fashion (a
period of three to five years) while meeting rigorous
achievement standards in the academic content areas.
special education
For carrying out parts B, C, D, E, F, G, and H and section
610(j)(2)(C) of the Individuals with Disabilities Education
Act, $4,036,000,000, of which $3,783,685,000 shall become
available for obligation on July 1, 1997, and shall remain
available through September 30, 1998: Provided, That the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau shall continue to be
eligible to receive funds under the Individuals with
Disabilities Education Act consistent with the provisions of
Public Law 104-134: Provided further, That the entities that
received competitive awards for direct services to children
under section 611 of the Individuals with Disabilities
Education Act in accordance with the competition required in
Public Law 104-134 shall continue to be funded, without
competition, in the same amounts as under Public Law 104-134.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance
for Individuals with Disabilities Act, and the Helen Keller
National Center Act, as amended, $2,509,447,000.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20
U.S.C. 101 et seq.), $6,680,000.
National technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $43,041,000: Provided, That from the
amount available, the Institute may at its discretion use
funds for the endowment program as authorized under section
207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$79,182,000: Provided, That from the amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education
Act, the Adult Education Act, and the National Literacy Act
of 1991, $1,486,531,000, of which $4,500,000 shall be for the
National Institute for Literacy; and of which $1,483,612,000
shall become available on July 1, 1997 and shall remain
available through September 30, 1998: Provided, That, of the
amounts made available for title II of the Carl D. Perkins
Vocational and Applied Technology Education Act, $4,500,000
shall be used by the Secretary for national programs under
title IV, without regard to section 451: Provided further,
That, in addition, the Secretary may reserve up to $9,000,000
under section 101(a)(1)(A) of the Carl D. Perkins Vocational
and Applied Technology Education Act, without regard to
section 451: Provided further, That the Secretary may reserve
up to $5,000,000 under section 313(d) of the Adult Education
Act for activities carried out under section 383 of that Act:
Provided further, That no funds shall be awarded to a State
Council under section 112(f) of the Carl D. Perkins
Vocational and Applied Technology Education Act, and no State
shall be required to operate such a Council.
student financial assistance
For carrying out subparts 1, 3, and 4, of part A, part C
and part E of title IV of the Higher Education Act of 1965,
as amended, $7,560,407,000, which shall remain available
through September 30, 1998.
The maximum Pell Grants for which a student shall be
eligible during award year 1997-1998 shall be $2,700:
Provided, That notwithstanding section 401(g) of the Act, if
the Secretary determines, prior to publication of the payment
schedule for such award year, that the amount included within
this appropriation for Pell Grant awards in such award year,
and any funds available from the fiscal year 1996
appropriation for Pell Grants awards, are insufficient to
satisfy fully all such awards for which students are
eligible, as calculated under section 401(b) of the Act, the
amount paid for each such award shall be reduced by either a
fixed or variable percentage, or by a fixed dollar amount, as
determined in accordance with a schedule of reductions
established by the Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher
Education Act, as amended, $46,572,000.
higher education
For carrying out, to the extent not otherwise provided,
parts A and B of title III, without regard to section
360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part A and
subpart 1 of part B of title X, and title XI of the Higher
Education Act of 1965, as amended, Public Law 102-423 and the
Mutual Educational and Cultural Exchange Act of 1961;
$879,054,000, of which $15,673,000 for interest subsidies
under title VII of the Higher Education Act, as amended,
shall remain available until expended: Provided, That funds
available for part D of title IX of the Higher Education Act
shall be available to fund noncompeting continuation awards
for academic year 1997-1998 for fellowships awarded
originally under part B of title IX of said Act, under the
terms and conditions of part B: Provided further, That
$5,931,000 of the funds available for part D of title IX of
the Higher Education Act shall be available to fund new and
noncompeting continuation awards for academic year 1997-1998
for fellowships awarded under part C of title IX of said Act,
under the terms and conditions of part C: Provided further,
That notwithstanding sections 419D, 419E, and 419H of the
Higher Education Act, as amended, scholarships made under
title IV, part A, subpart 6 shall be prorated to maintain the
same number of new scholarships in fiscal year 1997 as in
fiscal year 1996: Provided further, That $3,000,000, to
remain available until expended, shall be for the George H.W.
Bush fellowship program, if authorized by April 1, 1997:
Provided further, That $3,000,000, to remain available until
expended, shall be for the Edmund S. Muskie Foundation to
establish an endowment fund to provide income to support such
foundation on a continuing basis, if authorized by April 1,
1997: Provided further, That $3,000,000, to remain available
until expended, shall be for the Claiborne Pell Institute for
International Relations and Public Policy at Salve Regina
University in Newport, Rhode Island, if authorized by April
1, 1997: Provided further, That $1,000,000, to remain
available until expended, shall be for the Calvin Coolidge
Memorial Foundation, if authorized by April 1, 1997: Provided
further, That, of the amounts made available under title X,
part A of the Higher Education Act, $2,000,000 shall be
awarded to the Pennsylvania Educational Telecommunications
Exchange Network.
howard university
For partial support of Howard University (20 U.S.C. 121 et
seq.), $196,000,000: Provided, That from the amount
available, the University may at its discretion use funds for
the endowment program as authorized under the Howard
University Endowment Act (Public Law 98-480).
higher education facilities loans
The Secretary is hereby authorized to make such
expenditures, within the limits of funds available under this
heading and in accord with law, and to make such contracts
and commitments without regard to fiscal year limitation, as
provided by section 104 of the Government Corporation Control
Act (31 U.S.C. 9104), as may be necessary in carrying out the
program for the current fiscal year.
college housing and academic facilities loans program
For administrative expenses to carry out the existing
direct loan program of college
[[Page 2544]]
housing and academic facilities loans entered into pursuant
to title VII, part C, of the Higher Education Act, as
amended, $698,000.
college housing loans
Pursuant to title VII, part C of the Higher Education Act,
as amended, for necessary expenses of the college housing
loans program, the Secretary shall make expenditures and
enter into contracts without regard to fiscal year limitation
using loan repayments and other resources available to this
account. Any unobligated balances becoming available from
fixed fees paid into this account pursuant to 12 U.S.C.
1749d, relating to payment of costs for inspections and site
visits, shall be available for the operating expenses of this
account.
historically black college and university capital financing, program
account
The total amount of bonds insured pursuant to section 724
of title VII, part B of the Higher Education Act shall not
exceed $357,000,000, and the cost, as defined in section 502
of the Congressional Budget Act of 1974, of such bonds shall
not exceed zero.
For administrative expenses to carry out the Historically
Black College and University Capital Financing Program
entered into pursuant to title VII, part B of the Higher
Education Act, as amended, $104,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of
1994, including part E; the National Education Statistics Act
of 1994; section 2102, sections 3132, 3136 and 3141, parts B,
C, and D of title III and parts A, B, I, and K and section
10601 of title X, and part C of title XIII of the Elementary
and Secondary Education Act of 1965, as amended, and title VI
of Public Law 103-227, $598,350,000: Provided, That
$200,000,000 shall be for section 3132, $56,965,000 shall be
for section 3136 and $10,000,000 shall be for section 3141 of
the Elementary and Secondary Education Act: provided further,
That notwithstanding any other provision of law, one-half of
one percent of the amount available for section 3132 of the
elementary and Secondary Education Act of 1965, as amended,
shall be set aside for the outlying areas to be distributed
among the outlying areas on the basis of their relative need
as determined by the Secretary in accordance with the
purposes of the program; Provided further, That,
notwithstanding section 3131(b) of said Act, if any State
educational agency does not apply for a grant under section
3132, that State's allotment under section 3131 shall be
reserved by the Secretary for grants to local educational
agencies in the State that apply directly to the Secretary
according to the terms and conditions announced by the
Secretary in the Federal Register: Provided further, That, of
the amount available for title III, part B of the Elementary
and Secondary Education Act of 1965, as amended, funds shall
be awarded to continue the Iowa Communication Network
statewide fiber optic demonstration and $2,000,000 shall be
awarded to the Southeastern Pennsylvania Consortium for
Higher Education for the establishment of local and wide area
computer networks to provide instructional resources to
students and faculty: Provided further, That none of the
funds appropriated in this paragraph may be obligated or
expended for the Goals 2000 Community Partnerships Program.
libraries
Notwithstanding title VII of this Act, for carrying out
titles I, II, III, and IV of the Library Services and
Construction Act, and title II-B of the Higher Education Act,
$136,369,000, of which $16,369,000 shall be used to carry out
the provisions of title II of the Library Services and
Construction Act and shall remain available until expended;
and $2,500,000 shall be for section 222 and $5,000,000 shall
be for section 223 of the Higher Education Act: Provided,
That $1,000,000 shall be competitively awarded to a nonprofit
regional social tolerance resource center, operating
tolerance tools and prejudice reduction programs and
multimedia tolerance and genocide exhibits: Provided further,
That $1,500,000 shall be for the continuation of a
demonstration project making information available for public
use by connecting Internet to a multistate consortium and a
historical society: Provided further, That $1,000,000 shall
be for continuation of catalog conversion of research and
doctoral institutions and networking of local libraries under
the fiber optics demonstration initiated in Public Law 102-
394 under section 223 of the Higher Education Act: Provided
further, That each State or local recipient of funds under
titles I, II, III, and IV of the Library Services and
Construction Act may sue any such funds to plan for any
library program or activity authorized under title VII of
this Act and conduct any other activity reasonably necessary
to provide for an orderly and effective transition to the
operation of library programs or activities under title VII
of this Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two
passenger motor vehicles, $327,000,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $55,000,000.
office of the inspector general
For expenses necessary for the Office of the Inspector
General, as authorized by section 212 of the Department of
Education Organization Act, $30,000,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for
the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or
for the transportation of students or teachers (or for the
purchase of equipment for such transportation) in order to
carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
Sec. 304. Notwithstanding any other provision of law, funds
available under section 458 of the Higher Education Act shall
not exceed $491,000,000 for fiscal year 1997. The Department
of Education shall use $80,000,000 of the amounts provided
for payment of administrative cost allowances to guaranty
agencies for fiscal; year 1996. For fiscal year 1997, the
Department of Education shall pay administrative costs to
guaranty agencies, calculated on the basis of 0.85 percent of
the total principal amount of loans upon which insurance was
issued on or after October 1, 1996: Provided, That such
administrative costs shall be paid only on the first
$8,200,000,000 of the principal amount of loans upon which
insurance was issued on or after October 1, 1996 by such
guaranty agencies, and shall not exceed a total of
$70,000,000. Such payments are to be paid quarterly, and
receipt of such funds and uses of such funds shall be in
accordance with section 428(f) of the Higher Education Act.
Notwithstanding section 458 of the Higher Education Act,
the Secretary may not use funds available under that section
or any other section for subsequent fiscal years for
administrative expenses of the William D. Ford Direct Loan
Program. The Secretary may not require the return of guaranty
agency reserve funds during fiscal year 1997, except after
consultation with both the Chairmen and ranking members of
the House Economic and Educational Opportunities Committee
and the Senate Labor and Human Resources Committee. Any
reserve funds recovered by the Secretary shall be returned to
the Treasury of the United States for purposes of reducing
the Federal deficit.
No funds available to the Secretary may be used for (1) the
hiring of advertising agencies or other third parties to
provide advertising services for student loan programs prior
to January 1, 1997, or (2) payment of administrative fees
relating to the William D. Ford Direct Loan Program to
institutions of higher education.
Sec. 305. None of the funds appropriated in this Act may be
obligated or expended to carry out section 621(b) of Public
Law 101-589.
(TRANSFER OF FUNDS)
Sec. 306. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act, as amended) which are appropriated for the
current fiscal year for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least
fifteen days in advance of any transfer.
Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(3)(A)(i)) is amended--
(1) in the matter preceding subclause (I), by striking
``The Secretary'' and all that follows through ``greater of--
'' and inserting the following: ``The Secretary, in
conjunction with the local educational agency, shall first
determine each of the following:'';
(2) in each of subclauses (I) through (III), by striking
``the average'' each place it appears the first time in each
such subclause and inserting ``The average'';
(3) in subclause (I), by striking the semicolon and
inserting a period;
(4) in subclause (II), by striking ``: or'' and inserting a
period; and
(5) by adding at the end the following:
``The local educational agency shall select one of the
amounts determined under subclause (I), (II), or (III) for
purposes of the remaining computations under this
subparagraph.''.
(b) The amendments made by subsection (a) shall apply with
respect to fiscal years beginning with fiscal year 1995.
[[Page 2545]]
Sec. 308. Section 485(e)(9) of the Higher Education Act of
1965 is amended by striking out ``June 30'' in the second
sentence of such section and inserting ``August 30''.
This title may be cited as the ``Department of Education
Appropriations Act, 1997''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the United States Soldiers' and
Airmen's Home and the United States Naval Home, to be paid
from funds available in the Armed Forces Retirement Home
Trust Fund, $56,204,000, of which $432,000 shall remain
available until expended for construction and renovation of
the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided,
That this appropriation shall not be available for the
payment of hospitalization of members of the Soldiers' and
Airmen's Home in United States Army hospitals at rates in
excess of those prescribed by the Secretary of the Army upon
recommendation of the Board of Commissioners and the Surgeon
General of the Army.
Corporation for National and Community Service
Domestic volunteer Service programs, operating eXPEnses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic
Volunteer Service Act of 1973, as amended, $213,969,000.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act,
for the fiscal year 1999, $250,000,000: Provided, That no
funds made available to the Corporation for Public
Broadcasting by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used
to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service to carry out the functions vested in it
by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
180, 182-183), including hire of passenger motor vehicles;
and for expenses necessary for the Labor-Management
Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested
in it by the Civil Service Reform Act, Public Law 95-454 (5
U.S.C. chapter 71), $32,579,000 including $1,500,000, to
remain available through September 30, 1998, for activities
authorized by the Labor-Management Cooperation Act of 1978
(29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special
training activities and for arbitration services shall be
credited to and merged with this account, and shall remain
available until expended: Provided further, That fees that
arbitration services shall be available only for education,
training, and professional development of the agency
workforce: Provided further, That the Director of the Service
is authorized to accept on behalf of the United States gifts
of services and real, personal, or other property in the aid
of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission (30 U.S.C. 801 et seq.), $6,060,000.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended by Public Law
102-95), $897,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, as amended, $1,793,000.
National Education Goals Panel
For expenses necessary for the National Education Goals
Panel, as authorized by title II, part A of the Goals 2000:
Educate America Act, $1,500,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-
167), and other laws, $175,000,000: Provided, That no part of
this appropriation shall be available to organize or assist
in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers
as referred to in section 2(3) of the Act of July 5, 1935 (29
U.S.C. 152), and as amended by the Labor-Management Relations
Act, 1947, as amended, and as defined in section 3(f) of the
Act of June 25, 1938 (29 U.S.C. 203), and including in said
definition employees engaged in the maintenance and operation
of ditches, canals, reservoirs, and waterways when maintained
or operated on a mutual, nonprofit basis and at least 95 per
centum of the water stored or supplied thereby is used for
farming purposes: Provided further, That none of the funds
made available by this Act shall be used in any way to
promulgate a final rule (altering 29 CFR part 103) regarding
single location bargaining units in representative cases.
National Medication Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $8,300,000:
Provided, That unobligated balances at the end of fiscal year
1997 not needed for emergency boards shall remain available
for other statutory purposes through September 30, 1998.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $7,753,000.
Physician Payment Review Commission
salaries and expenses
For expenses necessary to carry out section 1845(a) of the
Social Security Act, $3,263,000, to be transferred to this
appropriation from the Federal Supplementary Medical
Insurance Trust Fund.
Prospective Payment Assessment Commission
salaries and expenses
For expenses necessary to carry out section 1886(e) of the
Social Security Act, $3,263,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance Trust Funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $20,923,000.
In addition, to reimburse these trust funds for
administrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986, $10,000,000, to remain
available until expended.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, $460,070,000, to remain available until
expended.
For making, after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Federal
Mine Safety and Health Act of 1977, for costs incurred in the
current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV of the Federal
Mine Safety and Health Act 1977 for the first quarter of
fiscal year 1998, $160,000,000, to remain available until
expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security Trust Funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $19,372,010,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury.
From funds provided under the previous paragraph, not less
than $100,000,000 shall be available for payment to the
Social Security Trust Funds for administrative expenses for
conducting continuing disability reviews.
In addition, $175,000,000, to remain available until
September 30, 1998, for payment to the Social Security Trust
Funds for administrative expenses for continuing disability
reviews as authorized by section 103 of Public Law 104-121
and Supplemental Security Income administrative work as
authorized by Public Law 104-193. The term ``continuing
disability reviews'' means reviews and redetermination as
defined under section 201(g)(1)(A) of the Social Security Act
as amended, and reviews and redeterminations authorized under
section 211 of Public Law 104-193.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For carrying out title XVI of the Social Security Act for
the first quarter of fiscal year 1998, $9,690,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $10,000 for official
reception and representation expenses, not more than
$5,873,382,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act or as necessary to carry
out sections 9704 and 9706 of the Internal Revenue Code of
1986 from any one or all of the trust funds referred to
therein: Provided, That reimburse
[[Page 2546]]
ment to the trust funds under this heading for administrative
expenses to carry out sections 9704 and 9706 of the Internal
Revenue Code of 1986 shall be made, with interest, not later
than September 30, 1988: Provided further, That not less than
$1,268,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of
fiscal year 1997 not needed for fiscal year 1997 shall remain
available until expended for a state-of-the-art computing
network, including related equipment and administrative
expenses associated solely with this network.
From funds provided under the previous paragraph, not less
than $200,000,000 shall be available for conducting
continuing disability reviews.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$310,000,000, to remain available until September 30, 1998,
for continuing disability reviews as authorized by section
103 of Public Law 104-121 and Supplemental Security Income
administrative work as authorized by Public Law 104-193. The
term ``continuing disability reviews'' means reviews and
redetermination as defined under section 201(g)(1)(A) of the
Social Security Act as amended, and reviews and
redeterminations authorized under section 211 of Public Law
104-193.
In addition to funding already available under this
heading, and subject to the same terms and conditions,
$234,895,000, which shall remain available until expended, to
invest in a state-of-the-art computing network, including
related equipment and administrative expenses associated
solely with this network, for the Social Security
Administration and the State Disability Determination
Services, may be expended from any or all of the trust funds
as authorized by section 201(g)(1) of the Social Security
Act.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $6,335,000, together with not to exceed
$31,089,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $223,000,000, which shall include amounts becoming
available in fiscal year 1997 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds
$223,000,000: Provided, That the total amount provided herein
shall be credited in 12 approximately equal amounts on the
first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $300,000, to remain
available through September 30, 1998, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $87,898,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more
than $5,404,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account:
Provided, That none of the funds made available in this Act
may be transferred to the Office from the Department of
Health and Human Services, or used to carry out any such
transfer: Provided further, That none of the funds made
available in this paragraph may be used for any audit,
investigation, or review of the Medicare program.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $11,160,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or
defeat legislation pending before the Congress, except in
presentation to the Congress itself or any State legislature,
except in presentation to the Congress or any State
legislative body itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds
available for salaries and expenses under titles I and III,
respectively, for official reception and representation
expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for
official reception and representation expenses not to exceed
$2,500 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the
Chairman of the National Mediation Board is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry
out any program of distributing sterile needles for the
hypodermic injection of any illegal drug unless the Secretary
of Health and Human Services determines that such programs
are effective in preventing the spread of HIV and do not
encourage the use of illegal drugs.
Sec. 506. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contact with, any entity using funds
made available in this Act, the head of each Federal agency,
to the greatest extent practicable, shall provide to such
entity a notice describing the statement made in subsection
(a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, code of Federal Regulations.
Sec. 507. When issuing statements, press releases, request
for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state (1) the percentage of the total costs of
the program or project which will be financed with Federal
money, (2) the dollar amount of Federal funds for the project
or program, and (3) percentage and dollar amount of the total
costs of the project or program that will be financed by
nongovernmental sources.
Sec. 508. None of the funds appropriated under this Act
shall be expended for any abortion except when it is made
known to the Federal entity or official to which funds are
appropriated under this Act that such procedure is necessary
to save the life of the mother or that the pregnancy is the
result of an act of rape or incest.
Sec. 509. Notwithstanding any other provision of law--
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation Act, or in the Act establishing the
program or activity for which funds are contained in this
Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation the program or activity for which an
appropriation is made in this Act, may exercise authority for
the timing of the obligation and expenditure of such
appropriation, or for the purpose for which it is obligated
and expended, except to the extent and in the manner
otherwise provided in sections 1512 and 1513 of title 31,
United States Code; and
(3) no funds provided under this Act shall be available for
the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position in
the employing agency or department or in any other agency or
department, unless the detail is independently approved by
the head of the employing department of agency.
Sec. 510. None of the funds made available in this Act may
be used for the expenses of an electronic benefit transfer
(EBT) task force.
[[Page 2547]]
Sec. 511. None of the funds made available in this Act may
be used to enforce the requirements of section
428(b)(1)(U)(iii) of the Higher Education Act of 1965 with
respect to any lender when it is made known to the Federal
official having authority to obligate or expend such funds
that the lender has a loan portfolio under part B of title IV
of such Act that is equal to or less than $5,000,000.
Sec. 512. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b)
of the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' include any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes.
Sec. 513. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds
made available in this Act may be used for any activity when
it is made known to the Federal official having authority to
obligate or expend such funds that the activity promotes the
legalization of any drug or other substance included in
schedule I of the schedules of controlled substances
established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) Exceptions.--The limitation in subsection (a) shall not
apply when it is made known to the Federal official having
authority to obligate or expend such funds that there is
significant medical evidence of a therapeutic advantage to
the use of such drug or other substance or that Federally-
sponsored clinical trials are being conducted to determine
therapeutic advantage.
Sec. 514. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this or any
other Department of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act for any
fiscal year may be provided by contract or by grant
(including a grant of funds to be available for student aid)
to a covered educational entity if the Secretary of Defense
determines that the covered educational entity has a policy
or practice (regardless of when implemented) that either
prohibits, or in effect prevents--
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the covered educational entity;
or
(2) a student at the covered educational entity from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
(b) Denial of Funds for Preventing Federal Military
Recruiting on Campus.--None of the funds made available in
this or any other Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act for any fiscal year may be provided by contract or by
grant (including a grant of funds to be available for student
aid) to a covered educational entity if the Secretary of
Defense determines that the covered educational entity has a
policy or practice (regardless of when implemented) that
either prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access by military recruiters for purposes of Federal
military recruiting to the following information pertaining
to students (who are 17 years of age or older) enrolled at
the covered educational entity:
(A) student names, addresses, and telephone listings; and
(B) if known, student ages, levels of education, and
majors.
(c) Exceptions.--The limitation established in subsection
(a) or (b) shall not apply to a covered educational entity if
the Secretary of Defense determines that--
(1) the covered educational entity has ceased the policy or
practice described in such subsection;
(2) the institution of higher education involved has a
longstanding policy of pacifism based on historical religious
affiliation; or
(3) the institution of higher education involved is
prohibited by the law of any State, or by the order of any
State court, from allowing Senior Reserve Officer Training
Corps activities or Federal military recruiting on campus,
except that this paragraph shall apply only during the one-
year period beginning on the effective date of this section.
(d) Notice of Determinations.--Whenever the Secretary of
Defense makes a determination under subsection (a), (b), or
(c), the Secretary--
(1) shall transmit a notice of the determination to the
Secretary of Education and to the Congress; and
(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the covered educational entity for contracts
and grants.
(e) Semiannual Notice in Federal Register.--The Secretary
of Defense shall publish in the Federal Register once every 6
months a list of each covered educational entity that is
currently ineligible for contracts and grants by reason of a
determination of the Secretary under subsection (a) or (b).
(f) Covered Educational Entity.--For purposes of this
section, the term ``covered educational entity'' means an
institution of higher education, or a subelement of an
institution of higher education.
(g) Effective Date.--This section shall take effect upon
the expiration of the 180-day period beginning on the date of
the enactment of this Act, by which date the Secretary of
Defense shall have published final regulations in
consultation with the Secretary of Education to carry out
this section.
Sec. 515. (a) Technical Amendment to Other ROTC and
Military Recruiting Provisions.--Sections 508 and 509 of the
Energy and Water Development Appropriations Act, 1997, are
amended by striking ``when it is made known to the Federal
official having authority to obligate or expend such funds''
each place it appears and inserting ``if the Secretary of
Defense determines''.
(b) Effective Date.--Sections 508 and 509 of the Energy and
Water Development Appropriations Act, 1997, shall not take
effect until the expiration of the 180-day period beginning
on the date of the enactment of this Act, by which date the
Secretary of Defense shall have published final regulations
to carry out such sections (as amended by subsection (a)).
Sec. 516. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity when it is made known to the Federal official
having authority to obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 517. (a) Notwithstanding any provision of the Carl D.
Perkins Vocational and Applied Technology Act (as such Act
was in effect on September 24, 1990), a State shall be deemed
to have met the requirements of section 503 of such Act with
respect to decisions appealed by applications filed on April
30, 1993 and October 29, 1993 under section 452(b) of the
General Education Provisions Act.
(b) Subsection (a) shall take effect on October 1, 1996.
Sec. 518. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public
Health Service Act unless it is made known to the Federal
official having authority to obligate or expend such funds
that the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
the minor to seek family planning services.
Sec. 519. Of the budgetary resources available to agencies
in this Act for salaries and expenses during fiscal year
1997, $30,500,000, to be allocated by the Office of
Management and Budget, are permanently canceled: Provided,
That the foregoing provision shall not apply to the Food and
Drug Administration and the Indian Health Service: Provided
further, That amounts available in this Act for congressional
and legislative affairs, public affairs, and
intergovernmental affairs activities are hereby reduced by
$2,000,000.
Sec. 520. Voluntary Separation Incentives for Employees of
Certain Federal Agencies.--Definitions.--For the purposes of
this section--
(1) the term ``agency'' means the Railroad Retirement Board
and the Office of Inspector General of the Railroad
Retirement Board;
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the agency;
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or chapter 84
of title 5, United States Code, or another retirement system
for employees of the agency;
(C) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation incentive
payment under section 3 of such Act;
(E) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this section or any other authority and has not repaid such
payment;
(F) an employee covered by statutory reemployment rights
who is on transfer to another organization; or
(G) any employee who, during the twenty-four-month period
preceding the date of separation, has received a recruitment
or relocation bonus under section 5753 of title 5, United
States Code, or who, within the twelve-month period preceding
the date of separation, received a retention allowance
[[Page 2548]]
under section 5754 of title 5, United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The three-member Railroad Retirement
Board, prior to obligating any resources for voluntary
separation incentive payments, shall submit to the House and
Senate Committees on Appropriations and the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives a strategic plan outlining the intended use
of such incentive payments and a proposed organizational
chart for the agency once such incentive payments have been
completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) Authority to Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive payment
under this section may be paid by an agency to any employee
only to the extent necessary to eliminate the positions and
functions identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code; or
(ii) an amount determined by the agency head not to exceed
$25,000;
(D) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or
resignation) before September 30, 1997;
(E) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(F) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent
of the final basic pay of each employee of the agency who is
covered under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--
An individual who has received a voluntary separation
incentive payment under this section and accepts any
employment for compensation with the Government of the United
States, or who works for any agency of the United States
Government through a personal services contract, within 5
years after the date of the separation on which the payment
is based shall be required to pay, prior to the individual's
first day of employment, the entire amount of the incentive
payment to the agency that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who
has received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of
this subsection, positions shall be counted on a full-time-
equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Effective Date.--This section shall take effect October
1, 1996.
Sec. 521. Correction of Effective Date.--Effective on the
day after the date of enactment of the Health Centers
Consolidation Act of 1996, section 5 of that Act is amended
by striking ``October 1, 1997'' and inserting ``October 1,
1996''.
TITLE VI--REORGANIZATION AND PRIVATIZATION OF SALLIE MAE AND CONNIE LEE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Student Loan Marketing
Association Reorganization Act of 1996''.
SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING
ASSOCIATION THROUGH THE FORMATION OF A HOLDING
COMPANY.
(a) Amendment.--Part B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting
after section 439 (20 U.S.C. 1087-2) the following new
section:
``SEC. 440. REORGANIZATION OF THE STUDENT LOAN MARKETING
ASSOCIATION THROUGH THE FORMATION OF A HOLDING
COMPANY.
``(a) Actions by the Association's Board of Directors.--The
Board of Directors of the Association shall take or cause to
be taken all such action as the Board of Directors deems
necessary or appropriate to effect, upon the shareholder
approval described in subsection (b), a restructuring of the
common stock ownership of the Association, as set forth in a
plan of reorganization adopted by the Board of Directors (the
terms of which shall be consistent with this section) so that
all of the outstanding common shares of the Association shall
be directly owned by a Holding Company. Such actions may
include, in the Board of Director's discretion, a merger of a
wholly owned subsidiary of the Holding Company with and into
the Association, which would have the effect provided in the
plan of reorganization and the law of the jurisdiction in
which such subsidiary is incorporated. As part of the
restructuring, the Board of Directors may cause--
``(1) the common shares of the Association to be converted,
on the reorganization effective date, to common shares of the
Holding Company on a one for one basis, consistent with
applicable State or District of Columbia law; and
``(2) Holding Company common shares to be registered with
the Securities and Exchange Commission.
``(b) Shareholder Approval.--The plan of reorganization
adopted by the Board of Directors pursuant to subsection (a)
shall be submitted to common shareholders of the Association
for their approval. The reorganization shall occur on the
reorganization effective date, provided that the plan of
reorganization has been approved by the affirmative votes,
cast in person or by proxy, of the holders of a majority of
the issued and outstanding shares of the Association common
stock.
``(c) Transition.--In the event the shareholders of the
Association approve the plan of reorganization under
subsection (b), the following provisions shall apply
beginning on the reorganization effective date:
``(1) In general.--Except as specifically provided in this
section, until the dissolution date the Association shall
continue to have all of the rights, privileges and
obligations set forth in, and shall be subject to all of the
limitations and restrictions of, section 439, and the
Association shall continue to carry out the purposes of such
section. The Holding Company and any subsidiary of the
Holding Company (other than the Association) shall not be
entitled to any of the rights, privileges, and obligations,
and shall not be subject to the limitations and restrictions,
applicable to the Association under section 439, except as
specifically provided in this section. The Holding Company
and any subsidiary of the Holding Company (other than the
Association or a subsidiary of the Association) shall not
purchase loans insured under this Act until such time as the
Association ceases acquiring such loans, except that the
Holding Company may purchase such loans if the Association is
merely continuing to acquire loans as a lender of last resort
pursuant to section 439(q) or under an agreement with the
Secretary described in paragraph (6).
``(2) Transfer of certain property.--
``(A) In general.--Except as provided in this section, on
the reorganization effective date or as soon as practicable
thereafter, the Association shall use the Association's best
efforts to transfer to the Holding Company or any subsidiary
of the Holding Company (or both), as directed by the Holding
Company, all real and personal property of the Association
(both tangible and intangible) other than the remaining
property. Subject to the preceding sentence, such transferred
property shall include all right, title, and interest in--
``(i) direct or indirect subsidiaries of the Association
(excluding special purpose funding companies in existence on
the date of enactment of this section and any interest in any
government-sponsored enterprise);
``(ii) contracts, leases, and other agreements of the
Association;
``(iii) licenses and other intellectual property of the
Association; and
``(iv) any other property of the Association.
``(B) Construction.--Nothing in this paragraph shall be
construed to prohibit the Association from transferring
remaining property from time to time to the Holding Company
or any subsidiary of the Holding Company, subject to the
provisions of paragraph (4).
``(3) Transfer of personnel.--On the reorganization
effective date, employees of the Association shall become
employees of the Holding Company (or any subsidiary of the
Holding Company), and the Holding Company (or any subsidiary
of the Holding Company) shall provide all necessary and
appropriate management and operational support (including
loan servicing) to the Association, as requested by the
Association. The Association, however, may obtain such
management and operational support from persons
[[Page 2549]]
or entities not associated with the Holding Company.
``(4) Dividends.--The Association may pay dividends in the
form of cash or noncash distributions so long as at the time
of the declaration of such dividends, after giving effect to
the payment of such dividends as of the date of such
declaration by the Board of Directors of the Association, the
Association's capital would be in compliance with the capital
standards and requirements set forth in section 439(r). If,
at any time after the reorganization effective date, the
Association fails to comply with such capital standards, the
Holding Company shall transfer with due diligence to the
Association additional capital in such amounts as are
necessary to ensure that the Association again complies with
the capital standards.
``(5) Certification prior to dividend.--Prior to the
payment of any dividend under paragraph (4), the Association
shall certify to the Secretary of the Treasury that the
payment of the dividend will be made in compliance with
paragraph (4) and shall provide copies of all calculations
needed to make such certification.
``(6) Restrictions on new business activity or acquisition
of assets by association.--
``(A) In general.--After the reorganization effective date,
the Association shall not engage in any new business
activities or acquire any additional program assets described
in section 439(d) other than in connection with--
``(i) student loan purchases through September 30, 2007;
``(ii) contractual commitments for future warehousing
advances, or pursuant to letters of credit or standby bond
purchase agreements, which are outstanding as of the
reorganization effective date;
``(iii) the Association serving as a lender-of-last-resort
pursuant to section 439(q); and
``(iv) the Association's purchase of loans insured under
this part, if the Secretary, with the approval of the
Secretary of the Treasury, enters into an agreement with the
Association for the continuation or resumption of the
Association's secondary market purchase program because the
Secretary determines there is inadequate liquidity for loans
made under this part.
``(B) Agreement.--The Secretary is authorized to enter into
an agreement described in clause (iv) of subparagraph (A)
with the Association covering such secondary market
activities. Any agreement entered into under such clause
shall cover a period of 12 months, but may be renewed if the
Secretary determines that liquidity remains inadequate. The
fee provided under section 439(h)(7) shall not apply to loans
acquired under any such agreement with the Secretary.
``(7) Issuance of debt obligations during the transition
period; attributes of debt obligations.--After the
reorganization effective date, the Association shall not
issue debt obligations which mature later than September 30,
2008, except in connection with serving as a lender-of-last-
resort pursuant to section 439(q) or with purchasing loans
under an agreement with the Secretary as described in
paragraph (6). Nothing in this section shall modify the
attributes accorded the debt obligations of the Association
by section 439, regardless of whether such debt obligations
are incurred prior to, or at any time following, the
reorganization effective date or are transferred to a trust
in accordance with subsection (d).
``(8) Monitoring of safety and soundness.--
``(A) Obligation to obtain, maintain, and report
information.--The Association shall obtain such information
and make and keep such records as the Secretary of the
Treasury may from time to time prescribe concerning--
``(i) the financial risk to the Association resulting from
the activities of any associated person, to the extent such
activities are reasonably likely to have a material impact on
the financial condition of the Association, including the
Association's capital ratio, the Association's liquidity, or
the Association's ability to conduct and finance the
Association's operations; and
``(ii) the Association's policies, procedures, and systems
for monitoring and controlling any such financial risk.
``(B) Summary reports.--The Secretary of the Treasury may
require summary reports of the information described in
subparagraph (A) to be filed no more frequently than
quarterly. If, as a result of adverse market conditions or
based on reports provided pursuant to this subparagraph or
other available information, the Secretary of the Treasury
has concerns regarding the financial or operational condition
of the Association, the Secretary of the Treasury may,
notwithstanding the preceding sentence and subparagraph (A),
require the Association to make reports concerning the
activities of any associated person whose business activities
are reasonably likely to have a material impact on the
financial or operational condition of the Association.
``(C) Separate operation of corporations.--
``(i) In general.--The funds and assets of the Association
shall at all times be maintained separately from the funds
and assets of the Holding Company or any subsidiary of the
Holding Company and may be used by the Association solely to
carry out the Association's purposes and to fulfill the
Association's obligations.
``(ii) Books and records.--The Association shall maintain
books and records that clearly reflect the assets and
liabilities of the Association, separate from the assets and
liabilities of the Holding Company or any subsidiary of the
Holding Company.
``(iii) Corporate office.--The Association shall maintain a
corporate office that is physically separate from any office
of the Holding Company or any subsidiary of the Holding
Company.
``(iv) Director.--No director of the Association who is
appointed by the President pursuant to section 439(c)(1)(A)
may serve as a director of the Holding Company.
``(v) One officer requirement.--At least one officer of the
Association shall be an officer solely of the Association.
``(vi) Transactions.--Transactions between the Association
and the Holding Company or any subsidiary of the Holding
Company, including any loan servicing arrangements, shall be
on terms no less favorable to the Association than the
Association could obtain from an unrelated third party
offering comparable services.
``(vii) Credit prohibition.--The Association shall not
extend credit to the Holding Company or any subsidiary of the
Holding Company nor guarantee or provide any credit
enhancement to any debt obligations of the Holding Company or
any subsidiary of the Holding Company.
``(viii) Amounts collected.--Any amounts collected on
behalf of the Association by the Holding Company or any
subsidiary of the Holding Company with respect to the assets
of the Association, pursuant to a servicing contract or other
arrangement between the Association and the Holding Company
or any subsidiary of the Holding Company, shall be collected
solely for the benefit of the Association and shall be
immediately deposited by the Holding Company or such
subsidiary to an account under the sole control of the
Association.
``(D) Encumbrance of assets.--Notwithstanding any Federal
or State law, rule, or regulation, or legal or equitable
principle, doctrine, or theory to the contrary, under no
circumstances shall the assets of the Association be
available or used to pay claims or debts of or incurred by
the Holding Company. Nothing in this subparagraph shall be
construed to limit the right of the Association to pay
dividends not otherwise prohibited under this subparagraph or
to limit any liability of the Holding Company explicitly
provided for in this section.
``(E) Holding company activities.--After the reorganization
effective date and prior to the dissolution date, all
business activities of the Holding Company shall be conducted
through subsidiaries of the Holding Company.
``(F) Confidentiality.--Any information provided by the
Association pursuant to this section shall be subject to the
same confidentiality obligations contained in section
439(r)(12).
``(G) Definition.--For purposes of this paragraph, the term
`associated person' means any person, other than a natural
person, who is directly or indirectly controlling, controlled
by, or under common control with, the Association.
``(9) Issuance of stock warrants.--
``(A) In general.--On the reorganization effective date,
the Holding Company shall issue to the District of Columbia
Financial Responsibility and Management Assistance Authority
a number of stock warrants that is equal to one percent of
the outstanding shares of the Association, determined as of
the last day of the fiscal quarter preceding the date of
enactment of this section, with each stock warrant entitling
the holder of the stock warrant to purchase from the Holding
Company one share of the registered common stock of the
Holding Company or the Holding Company's successors or
assigns, at any time on or before September 30, 2008. The
exercise price for such warrants shall be an amount equal to
the average closing price of the common stock of the
Association for the 20 business days prior to the date of
enactment of this section on the exchange or market which is
then the primary exchange or market for the common stock of
the Association. The number of shares of Holding Company
common stock subject to each stock warrant and the exercise
price of each stock warrant shall be adjusted as necessary to
reflect--
``(i) the conversion of Association common stock into
Holding Company common stock as part of the plan of
reorganization approved by the Association's shareholders;
and
``(ii) any issuance or sale of stock (including issuance or
sale of treasury stock), stock split, recapitalization,
reorganization, or other corporate event, if agreed to by the
Secretary of the Treasury and the Association.
``(B) Authority to sell or exercise stock warrants; deposit
of proceeds.--The District of Columbia Financial
Responsibility and Management Assistance Authority is
authorized to sell or exercise the stock warrants described
in subparagraph (A). The District of Columbia Financial
Responsibility and Management Assistance Authority shall
deposit into the account established under section 3(e) of
the Student Loan Marketing Association Reorganization Act of
1996 amounts collected from the sale and proceeds resulting
from the exercise of the stock warrants pursuant to this
subparagraph.
``(10) Restrictions on transfer of association shares and
bankruptcy of association.--After the reorganization
effective date, the Holding Company shall not sell, pledge,
or otherwise transfer the outstanding
[[Page 2550]]
shares of the Association, or agree to or cause the
liquidation of the Association or cause the Association to
file a petition for bankruptcy under title 11, United States
Code, without prior approval of the Secretary of the Treasury
and the Secretary of Education.
``(d) Termination of the Association.--In the event the
shareholders of the Association approve a plan of
reorganization under subsection (b), the Association shall
dissolve, and the Association's separate existence shall
terminate on September 30, 2008, after discharge of all
outstanding debt obligations and liquidation pursuant to this
subsection. The Association may dissolve pursuant to this
subsection prior to such date by notifying the Secretary of
Education and the Secretary of the Treasury of the
Association's intention to dissolve, unless within 60 days
after receipt of such notice the Secretary of Education
notifies the Association that the Association continues to be
needed to serve as a lender of last resort pursuant to
section 439(q) or continues to be needed to purchase loans
under an agreement with the Secretary described in subsection
(c)(6). On the dissolution date, the Association shall take
the following actions:
``(1) Establishment of a trust.--The Association shall,
under the terms of an irrevocable trust agreement that is in
form and substance satisfactory to the Secretary of the
Treasury, the Association and the appointed trustee,
irrevocably transfer all remaining obligations of the
Association to the trust and irrevocably deposit or cause to
be deposited into such trust, to be held as trust funds
solely for the benefit of holders of the remaining
obligations, money or direct noncallable obligations of the
United States or any agency thereof for which payment the
full faith and credit of the United States is pledged,
maturing as to principal and interest in such amounts and at
such times as are determined by the Secretary of the Treasury
to be sufficient, without consideration of any significant
reinvestment of such interest, to pay the principal of, and
interest on, the remaining obligations in accordance with
their terms. To the extent the Association cannot provide
money or qualifying obligations in the amount required, the
Holding Company shall be required to transfer money or
qualifying obligations to the trust in the amount necessary
to prevent any deficiency.
``(2) Use of trust assets.--All money, obligations, or
financial assets deposited into the trust pursuant to this
subsection shall be applied by the trustee to the payment of
the remaining obligations assumed by the trust.
``(3) Obligations not transferred to the trust.--The
Association shall make proper provision for all other
obligations of the Association not transferred to the trust,
including the repurchase or redemption, or the making of
proper provision for the repurchase or redemption, of any
preferred stock of the Association outstanding. Any
obligations of the Association which cannot be fully
satisfied shall become liabilities of the Holding Company as
of the date of dissolution.
``(4) Transfer of remaining assets.--After compliance with
paragraphs (1) and (3), any remaining assets of the trust
shall be transferred to the Holding Company or any subsidiary
of the Holding Company, as directed by the Holding Company.
``(e) Operation of the Holding Company.--In the event the
shareholders of the Association approve the plan of
reorganization under subsection (b), the following provisions
shall apply beginning on the reorganization effective date:
``(1) Holding company board of directors.--The number of
members and composition of the Board of Directors of the
Holding Company shall be determined as set forth in the
Holding Company's charter or like instrument (as amended from
time to time) or bylaws (as amended from time to time) and as
permitted under the laws of the jurisdiction of the Holding
Company's incorporation.
``(2) Holding company name.--The names of the Holding
Company and any subsidiary of the Holding Company (other than
the Association)--
``(A) may not contain the name `Student Loan Marketing
Association'; and
``(B) may contain, to the extent permitted by applicable
State or District of Columbia law, `Sallie Mae' or variations
thereof, or such other names as the Board of Directors of the
Association or the Holding Company deems appropriate.
``(3) Use of sallie mae name.--Subject to paragraph (2),
the Association may assign to the Holding Company, or any
subsidiary of the Holding Company, the `Sallie Mae' name as a
trademark or service mark, except that neither the Holding
Company nor any subsidiary of the Holding Company (other than
the Association or any subsidiary of the Association) may use
the `Sallie Mae' name on, or to identify the issuer of, any
debt obligation or other security offered or sold by the
Holding Company or any subsidiary of the Holding Company
(other than a debt obligation or other security issued to and
held by the Holding Company or any subsidiary of the Holding
Company). The Association shall remit to the account
established under section 3(e) of the Student Loan Marketing
Association Reorganization Act of 1996, $5,000,000, within 60
days of the reorganization effective date as compensation for
the right to assign the `Sallie Mae' name as a trademark or
service mark.
``(4) Disclosure required.--Until 3 years after the
dissolution date, the Holding Company, and any subsidiary of
the Holding Company (other than the Association), shall
prominently display--
``(A) in any document offering the Holding Company's
securities, a statement that the obligations of the Holding
Company and any subsidiary of the Holding Company are not
guaranteed by the full faith and credit of the United States;
and
``(B) in any advertisement or promotional materials which
use the `Sallie Mae' name or mark, a statement that neither
the Holding Company nor any subsidiary of the Holding Company
is a government-sponsored enterprise or instrumentality of
the United States.
``(f) Strict Construction.--Except as specifically set
forth in this section, nothing in this section shall be
construed to limit the authority of the Association as a
federally chartered corporation, or of the Holding Company as
a State or District of Columbia chartered corporation.
``(g) Right To Enforce.--The Secretary of Education or the
Secretary of the Treasury, as appropriate, may request that
the Attorney General bring an action in the United States
District Court for the District of Columbia for the
enforcement of any provision of this section, or may, under
the direction or control of the Attorney General, bring such
an action. Such court shall have jurisdiction and power to
order and require compliance with this section.
``(h) Deadline for Reorganization Effective Date.--This
section shall be of no further force and effect in the event
that the reorganization effective date does not occur on or
before 18 months after the date of enactment of this section.
``(i) Definitions.--For purposes of this section:
``(1) Association.--The term `Association' means the
Student Loan Marketing Association.
``(2) Dissolution date.--The term `dissolution date' means
September 30, 2008, or such earlier date as the Secretary of
Education permits the transfer of remaining obligations in
accordance with subsection (d).
``(3) Holding company.--The term `Holding Company' means
the new business corporation established pursuant to this
section by the Association under the laws of any State of the
United States or the District of Columbia for the purposes of
the reorganization and restructuring described in subsection
(a).
``(4) Remaining obligations.--The term `remaining
obligations' means the debt obligations of the Association
outstanding as of the dissolution date.
``(5) Remaining property.--The term `remaining property'
means the following assets and liabilities of the Association
which are outstanding as of the reorganization effective
date:
``(A) Debt obligations issued by the Association.
``(B) Contracts relating to interest rate, currency, or
commodity positions or protections.
``(C) Investment securities owned by the Association.
``(D) Any instruments, assets, or agreements described in
section 439(d) (including, without limitation, all student
loans and agreements relating to the purchase and sale of
student loans, forward purchase and lending commitments,
warehousing advances, academic facilities obligations,
letters of credit, standby bond purchase agreements,
liquidity agreements, and student loan revenue bonds or other
loans).
``(E) Except as specifically prohibited by this section or
section 439, any other nonmaterial assets or liabilities of
the Association which the Association's Board of Directors
determines to be necessary or appropriate to the
Association's operations.
``(6) Reorganization.--The term `reorganization' means the
restructuring event or events (including any merger event)
giving effect to the Holding Company structure described in
subsection (a).
``(7) Reorganization effective date.--The term
`reorganization effective date' means the effective date of
the reorganization as determined by the Board of Directors of
the Association, which shall not be earlier than the date
that shareholder approval is obtained pursuant to subsection
(b) and shall not be later than the date that is 18 months
after the date of enactment of this section.
``(8) Subsidiary.--The term `subsidiary' means one or more
direct or indirect subsidiaries.''.
(b) Technical Amendments.--
(1) Eligible lender.--
(A) Amendments to the higher education act.--
(i) Definition of eligible lender.--Section 435(d)(1)(F) of
the Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F)) is
amended by inserting after ``Student Loan Marketing
Association'' the following: ``or the Holding Company of the
Student Loan Marketing Association, including any subsidiary
of the Holding Company, created pursuant to section 440,''.
(ii) Definition of eligible lender and federal
consolidation loans.--Sections 435(d)(1)(G) and 428C(a)(1)(A)
of such Act (20 U.S.C. 1085(d)(1)(G) and 1078-3(a)(1)(A)) are
each amended by inserting after ``Student Loan Marketing
Association'' the following: ``or the Holding Company of the
Student Loan Marketing Association, including any subsidiary
of the Holding Company, created pursuant to section 440''.
(B) Effective date.--The amendments made by this paragraph
shall take effect on the reorganization effective date as
defined in section 440(h) of the Higher Education Act of 1965
(as added by subsection (a)).
[[Page 2551]]
(2) Enforcement of safety and soundness requirements.--
Section 439(r) of the Higher Education Act of 1965 (20 U.S.C.
1087-2(r)) is amended--
(A) in the first sentence of paragraph (12), by inserting
``or the Association's associated persons'' after ``by the
Association'';
(B) by redesignating paragraph (13) as paragraph (15); and
(C) by inserting after paragraph (12) the following new
paragraph:
``(13) Enforcement of safety and soundness requirements.--
The Secretary of Education or the Secretary of the Treasury,
as appropriate, may request that the Attorney General bring
an action in the United States District Court for the
District of Columbia for the enforcement of any provision of
this section, or may, under the direction or control of the
Attorney General, bring such an action. Such court shall have
jurisdiction and power to order and require compliance with
this section.''.
(3) Financial safety and soundness.--Section 439(r) of the
Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further
amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(C)(i) financial statements of the Association within 45
days of the end of each fiscal quarter; and
``(ii) reports setting forth the calculation of the capital
ratio of the Association within 45 days of the end of each
fiscal quarter.'';
(B) in paragraph (2)--
(i) by striking clauses (i) and (ii) of subparagraph (A)
and inserting the following:
``(i) appoint auditors or examiners to conduct audits of
the Association from time to time to determine the condition
of the Association for the purpose of assessing the
Association's financial safety and soundness and to determine
whether the requirements of this section and section 440 are
being met; and
``(ii) obtain the services of such experts as the Secretary
of the Treasury determines necessary and appropriate, as
authorized by section 3109 of title 5, United States Code, to
assist in determining the condition of the Association for
the purpose of assessing the Association's financial safety
and soundness, and to determine whether the requirements of
this section and section 440 are being met.''; and
(ii) by adding at the end the following new subparagraph:
``(D) Annual assessment.--
``(i) In general.--For each fiscal year beginning on or
after October 1, 1996, the Secretary of the Treasury may
establish and collect from the Association an assessment (or
assessments) in amounts sufficient to provide for reasonable
costs and expenses of carrying out the duties of the
Secretary of the Treasury under this section and section 440
during such fiscal year. In no event may the total amount so
assessed exceed, for any fiscal year, $800,000, adjusted for
each fiscal year ending after September 30, 1997, by the
ratio of the Consumer Price Index for All Urban Consumers
(issued by the Bureau of Labor Statistics) for the final
month of the fiscal year preceding the fiscal year for which
the assessment is made to the Consumer Price Index for All
Urban Consumers for September 1997.
``(ii) Deposit.--Amounts collected from assessments under
this subparagraph shall be deposited in an account within the
Treasury of the United States as designated by the Secretary
of the Treasury for that purpose. The Secretary of the
Treasury is authorized and directed to pay out of any funds
available in such account the reasonable costs and expenses
of carrying out the duties of the Secretary of the Treasury
under this section and section 440. None of the funds
deposited into such account shall be available for any
purpose other than making payments for such costs and
expenses.''; and
(C) by inserting after paragraph (13) (as added by
paragraph (2)(C)) the following new paragraph:
``(14) Actions by secretary.--
``(A) In general.--For any fiscal quarter ending after
January 1, 2000, the Association shall have a capital ratio
of at least 2.25 percent. The Secretary of the Treasury may,
whenever such capital ratio is not met, take any one or more
of the actions described in paragraph (7), except that--
``(i) the capital ratio to be restored pursuant to
paragraph (7)(D) shall be 2.25 percent; and
``(ii) if the relevant capital ratio is in excess of or
equal to 2 percent for such quarter, the Secretary of the
Treasury shall defer taking any of the actions set forth in
paragraph (7) until the next succeeding quarter and may then
proceed with any such action only if the capital ratio of the
Association remains below 2.25 percent.
``(B) Applicability.--The provisions of paragraphs (4),
(5), (6), (8), (9), (10), and (11) shall be of no further
application to the Association for any period after January
1, 2000.''.
(4) Information required; dividends.--Section 439(r) of the
Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further
amended--
(A) by adding at the end of paragraph (2) (as amended in
paragraph (3)(B)(ii)) the following new subparagraph:
``(E) Obligation to obtain, maintain, and report
information.--
``(i) In general.--The Association shall obtain such
information and make and keep such records as the Secretary
of the Treasury may from time to time prescribe concerning--
``(I) the financial risk to the Association resulting from
the activities of any associated person, to the extent such
activities are reasonably likely to have a material impact on
the financial condition of the Association, including the
Association's capital ratio, the Association's liquidity, or
the Association's ability to conduct and finance the
Association's operations; and
``(II) the Association's policies, procedures, and systems
for monitoring and controlling any such financial risk.
``(ii) Summary reports.--The Secretary of the Treasury may
require summary reports of such information to be filed no
more frequently than quarterly. If, as a result of adverse
market conditions or based on reports provided pursuant to
this subparagraph or other available information, the
Secretary of the Treasury has concerns regarding the
financial or operational condition of the Association, the
Secretary of the Treasury may, notwithstanding the preceding
sentence and clause (i), require the Association to make
reports concerning the activities of any associated person,
whose business activities are reasonably likely to have a
material impact on the financial or operational condition of
the Association.
``(iii) Definition.--For purposes of this subparagraph, the
term `associated person' means any person, other than a
natural person, directly or indirectly controlling,
controlled by, or under common control with the
Association.''; and
(B) by adding at the end the following new paragraphs:
``(16) Dividends.--The Association may pay dividends in the
form of cash or noncash distributions so long as at the time
of the declaration of such dividends, after giving effect to
the payment of such dividends as of the date of such
declaration by the Board of Directors of the Association, the
Association's capital would be in compliance with the capital
standards set forth in this section.
``(17) Certification prior to payment of dividend.--Prior
to the payment of any dividend under paragraph (16), the
Association shall certify to the Secretary of the Treasury
that the payment of the dividend will be made in compliance
with paragraph (16) and shall provide copies of all
calculations needed to make such certification.''.
(c) Sunset of the Association's Charter if No
Reorganization Plan Occurs.--Section 439 of the Higher
Education Act of 1965 (20 U.S.C. 1087-2) is amended by adding
at the end the following new subsection:
``(s) Charter Sunset.--
``(1) Application of provisions.--This subsection applies
beginning 18 months and one day after the date of enactment
of this subsection if no reorganization of the Association
occurs in accordance with the provisions of section 440.
``(2) Sunset plan.--
``(A) Plan submission by the association.--Not later than
July 1, 2007, the Association shall submit to the Secretary
of the Treasury and to the Chairman and Ranking Member of the
Committee on Labor and Human Resources of the Senate and the
Chairman and Ranking Member of the Committee on Economic and
Educational Opportunities of the House of Representatives, a
detailed plan for the orderly winding up, by July 1, 2013, of
business activities conducted pursuant to the charter set
forth in this section. Such plan shall--
``(i) ensure that the Association will have adequate assets
to transfer to a trust, as provided in this subsection, to
ensure full payment of remaining obligations of the
Association in accordance with the terms of such obligations;
``(ii) provide that all assets not used to pay liabilities
shall be distributed to shareholders as provided in this
subsection; and
``(iii) provide that the operations of the Association
shall remain separate and distinct from that of any entity to
which the assets of the Association are transferred.
``(B) Amendment of the plan by the association.--The
Association shall from time to time amend such plan to
reflect changed circumstances, and submit such amendments to
the Secretary of the Treasury and to the Chairman and Ranking
Minority Member of the Committee on Labor and Human Resources
of the Senate and Chairman and Ranking Minority Member of the
Committee on Economic and Educational Opportunities of the
House of Representatives. In no case may any amendment extend
the date for full implementation of the plan beyond the
dissolution date provided in paragraph (3).
``(C) Plan monitoring.--The Secretary of the Treasury shall
monitor the Association's compliance with the plan and shall
continue to review the plan (including any amendments
thereto).
``(D) Amendment of the plan by the secretary of the
treasury.--The Secretary of the Treasury may require the
Association to amend the plan (including any amendments to
the plan), if the Secretary of the Treasury deems such
amendments necessary to ensure full payment of all
obligations of the Association.
``(E) Implementation by the association.--The Association
shall promptly implement the plan (including any amendments
to the plan, whether such amendments are made by the
Association or are required to be made by the Secretary of
the Treasury).
``(3) Dissolution of the association.--The Association
shall dissolve and the Association's separate existence shall
terminate on July 1, 2013, after discharge of all outstanding
debt obligations and liquidation
[[Page 2552]]
pursuant to this subsection. The Association may dissolve
pursuant to this subsection prior to such date by notifying
the Secretary of Education and the Secretary of the Treasury
of the Association's intention to dissolve, unless within 60
days of receipt of such notice the Secretary of Education
notifies the Association that the Association continues to be
needed to serve as a lender of last resort pursuant to
subsection (q) or continues to be needed to purchase loans
under an agreement with the Secretary described in paragraph
(4)(A). On the dissolution date, the Association shall take
the following actions:
``(A) Establishment of a trust.--The Association shall,
under the terms of an irrevocable trust agreement in form and
substance satisfactory to the Secretary of the Treasury, the
Association, and the appointed trustee, irrevocably transfer
all remaining obligations of the Association to a trust and
irrevocably deposit or cause to be deposited into such trust,
to be held as trust funds solely for the benefit of holders
of the remaining obligations, money or direct noncallable
obligations of the United States or any agency thereof for
which payment the full faith and credit of the United States
is pledged, maturing as to principal and interest in such
amounts and at such times as are determined by the Secretary
of the Treasury to be sufficient, without consideration of
any significant reinvestment of such interest, to pay the
principal of, and interest on, the remaining obligations in
accordance with their terms.
``(B) Use of trust assets.--All money, obligations, or
financial assets deposited into the trust pursuant to this
subsection shall be applied by the trustee to the payment of
the remaining obligations assumed by the trust. Upon the
fulfillment of the trustee's duties under the trust, any
remaining assets of the trust shall be transferred to the
persons who, at the time of the dissolution, were the
shareholders of the Association, or to the legal successors
or assigns of such persons.
``(C) Obligations not transferred to the trust.--The
Association shall make proper provision for all other
obligations of the Association, including the repurchase or
redemption, or the making of proper provision for the
repurchase or redemption, of any preferred stock of the
Association outstanding.
``(D) Transfer of remaining assets.--After compliance with
subparagraphs (A) and (C), the Association shall transfer to
the shareholders of the Association any remaining assets of
the Association.
``(4) Restrictions relating to winding up.--
``(A) Restrictions on new business activity or acquisition
of assets by the association.--
``(i) In general.--Beginning on July 1, 2009, the
Association shall not engage in any new business activities
or acquire any additional program assets (including acquiring
assets pursuant to contractual commitments) described in
subsection (d) other than in connection with the
Association--
``(I) serving as a lender of last resort pursuant to
subsection (q); and
``(II) purchasing loans insured under this part, if the
Secretary, with the approval of the Secretary of the
Treasury, enters into an agreement with the Association for
the continuation or resumption of the Association's secondary
market purchase program because the Secretary determines
there is inadequate liquidity for loans made under this part.
``(ii) Agreement.--The Secretary is authorized to enter
into an agreement described in subclause (II) of clause (i)
with the Association covering such secondary market
activities. Any agreement entered into under such subclause
shall cover a period of 12 months, but may be renewed if the
Secretary determines that liquidity remains inadequate. The
fee provided under subsection (h)(7) shall not apply to loans
acquired under any such agreement with the Secretary.
``(B) Issuance of debt obligations during the wind up
period; attributes of debt obligations.--The Association
shall not issue debt obligations which mature later than July
1, 2013, except in connection with serving as a lender of
last resort pursuant to subsection (q) or with purchasing
loans under an agreement with the Secretary as described in
subparagraph (A). Nothing in this subsection shall modify the
attributes accorded the debt obligations of the Association
by this section, regardless of whether such debt obligations
are transferred to a trust in accordance with paragraph (3).
``(C) Use of association name.--The Association may not
transfer or permit the use of the name `Student Loan
Marketing Association', `Sallie Mae', or any variation
thereof, to or by any entity other than a subsidiary of the
Association.''.
(d) Repeals.--
(1) In general.--Sections 439 of the Higher Education Act
of 1965 (20 U.S.C. 1087-2) and 440 of such Act (as added by
subsection (a) of this section) are repealed.
(2) Effective date.--The repeals made by paragraph (1)
shall be effective one year after--
(A) the date on which all of the obligations of the trust
established under section 440(d)(1) of the Higher Education
Act of 1965 (as added by subsection (a)) have been
extinguished, if a reorganization occurs in accordance with
section 440 of such Act; or
(B) the date on which all of the obligations of the trust
established under subsection 439(s)(3)(A) of such Act (as
added by subsection (c)) have been extinguished, if a
reorganization does not occur in accordance with section 440
of such Act.
(e) Association Names.--Upon dissolution in accordance with
section 439(s) of the Higher Education Act of 1965 (20 U.S.C.
1087-2), the names ``Student Loan Marketing Association'',
``Sallie Mae'', and any variations thereof may not be used by
any entity engaged in any business similar to the business
conducted pursuant to section 439 of such Act (as such
section was in effect on the date of enactment of this Act)
without the approval of the Secretary of the Treasury.
(f) Right to Enforce.--The Secretary of Education or the
Secretary of the Treasury, as appropriate, may request that
the Attorney General bring an action in the United States
District Court for the District of Columbia for the
enforcement of any provision of subsection (e), or may, under
the direction or control of the Attorney General, bring such
an action. Such court shall have jurisdiction and power to
order and require compliance with subsection (e).
SEC. 603. CONNIE LEE PRIVATIZATION.
(a) Status of the Corporation and Corporate Powers;
Obligations Not Federally Guaranteed.--
(1) Status of the corporation.--The Corporation shall not
be an agency, instrumentality, or establishment of the United
States Government, nor a Government corporation, nor a
Government controlled corporation, as such terms are defined
in section 103 of title 5, United States Code. No action
under section 1491 of title 28, United States Code (commonly
known as the Tucker Act) shall be allowable against the
United States based on the actions of the Corporation.
(2) Corporate powers.--The Corporation shall be subject to
the provisions of this section, and, to the extent not
inconsistent with this section, to the District of Columbia
Business Corporation Act (or the comparable law of another
State, if applicable). The Corporation shall have the powers
conferred upon a corporation by the District of Columbia
Business Corporation Act (or such other applicable State law)
as from time to time in effect in order to conduct the
Corporation's affairs as a private, for-profit corporation
and to carry out the Corporation's purposes and activities
incidental thereto. The Corporation shall have the power to
enter into contracts, to execute instruments, to incur
liabilities, to provide products and services, and to do all
things as are necessary or incidental to the proper
management of the Corporation's affairs and the efficient
operation of a private, for-profit business.
(3) Limitation on ownership of stock.--
(A) Student loan marketing association.--The Student Loan
Marketing Association shall not increase its share of the
ownership of the Corporation in excess of 42 percent of the
shares of stock of the Corporation outstanding on the date of
enactment of this Act. The Student Loan Marketing Association
shall not control the operation of the Corporation, except
that the Student Loan Marketing Association may participate
in the election of directors as a shareholder, and may
continue to exercise the Student Loan Marketing Association's
right to appoint directors under section 754 of the Higher
Education Act of 1965 (20 U.S.C. 1132f-3) as long as that
section is in effect.
(B) Prohibition.--Until such time as the Secretary of the
Treasury sells the stock of the Corporation owned by the
Secretary of Education pursuant to subsection (c), the
Student Loan Marketing Association shall not provide
financial support or guarantees to the Corporation.
(C) Financial support or guarantees.--After the Secretary
of the Treasury sells the stock of the Corporation owned by
the Secretary of Education pursuant to subsection (c), the
Student Loan Marketing Association may provide financial
support or guarantees to the Corporation, if such support or
guarantees are subject to terms and conditions that are no
more advantageous to the Corporation than the terms and
conditions the Student Loan Marketing Association provides to
other entities, including, where applicable, other monoline
financial guaranty corporations in which the Student Loan
Marketing Association has no ownership interest.
(4) No federal guarantee.--
(A) Obligations insured by the corporation.--
(i) Full faith and credit of the united states.--No
obligation that is insured, guaranteed, or otherwise backed
by the Corporation shall be deemed to be an obligation that
is guaranteed by the full faith and credit of the United
States.
(ii) Student loan marketing association.--No obligation
that is insured, guaranteed, or otherwise backed by the
Corporation shall be deemed to be an obligation that is
guaranteed by the Student Loan Marketing Association.
(iii) Special rule.--This paragraph shall not affect the
determination of whether such obligation is guaranteed for
purposes of Federal income taxes.
(B) Securities offered by the corporation.--No debt or
equity securities of the Corporation shall be deemed to be
guaranteed by the full faith and credit of the United States.
(5) Definition.--The term ``Corporation'' as used in this
section means the College Construction Loan Insurance
Association as in existence on the day before the date of
enactment of this Act, and any successor corporation.
(b) Related Privatization Requirements.--
(1) Notice requirements.--
(A) In general.--During the six-year period following the
date of enactment of this
[[Page 2553]]
Act, the Corporation shall include, in each of the
Corporation's contracts for the insurance, guarantee, or
reinsurance of obligations, and in each document offering
debt or equity securities of the Corporation, a prominent
statement providing notice that--
(i) such obligations or such securities, as the case may
be, are not obligations of the United States, nor are such
obligations or such securities, as the case may be,
guaranteed in any way by the full faith and credit of the
United States; and
(ii) the Corporation is not an instrumentality of the
United States.
(B) Additional notice.--During the five-year period
following the sale of stock pursuant to subsection (c)(1), in
addition to the notice requirements in subparagraph (A), the
Corporation shall include, in each of the contracts and
documents referred to in such subparagraph, a prominent
statement providing notice that the United States is not an
investor in the Corporation.
(2) Corporate charter.--The Corporation's charter shall be
amended as necessary and without delay to conform to the
requirements of this section.
(3) Corporate name.--The name of the Corporation, or of any
direct or indirect subsidiary thereof, may not contain the
term ``College Construction Loan Insurance Association'', or
any substantially similar variation thereof.
(4) Articles of incorporation.--The Corporation shall amend
the Corporation's articles of incorporation without delay to
reflect that one of the purposes of the Corporation shall be
to guarantee, insure, and reinsure bonds, leases, and other
evidences of debt of educational institutions, including
Historically Black Colleges and Universities and other
academic institutions which are ranked in the lower
investment grade category using a nationally recognized
credit rating system.
(5) Requirements until stock sale.--Notwithstanding
subsection (d), the requirements of sections 754 and 760 of
the Higher Education Act of 1965 (20 U.S.C. 1132f-3 and
1132f-9), as such sections were in effect on the day before
the date of enactment of this Act, shall continue to be
effective until the day immediately following the date of
closing of the purchase of the Secretary of Education's stock
(or the date of closing of the final purchase, in the case of
multiple transactions) pursuant to subsection (c)(1) of this
Act.
(c) Sale of Federally Owned Stock.--
(1) Purchase by the corporation.--The Secretary of the
Treasury shall sell and the Corporation shall purchase,
within 90 days after the date of enactment of this Act, the
stock of the Corporation held by the Secretary of Education
at a price determined by the binding, independent appraisal
of a nationally recognized financial firm, except that the
90-day period may be extended by mutual agreement of the
Secretary of the Treasury and the Corporation to not more
than 150 days after the date of enactment of this Act. The
appraiser shall be jointly selected by the Secretary of the
Treasury and the Corporation. In the event that the Secretary
of the Treasury and the Corporation cannot agree on the
appraiser, then the Secretary of the Treasury and the
Corporation shall name an independent third party to select
the appraiser.
(2) Reimbursement of costs and expenses of sale.--The
Secretary of the Treasury shall be reimbursed from the
proceeds of the sale of the stock under this subsection for
all reasonable costs and expenses related to such sale,
except that one-half of all reasonable costs and expenses
relating to the independent appraisal under paragraph (1)
shall be borne by the Corporation.
(3) Deposit into account.--Amounts collected from the sale
of stock pursuant to this subsection that are not used to
reimburse the Secretary of the Treasury pursuant to paragraph
(2) shall be deposited into the account established under
subsection (e).
(4) Assistance by the corporation.--The Corporation shall
provide such assistance as the Secretary of the Treasury and
the Secretary of Education may require to facilitate the sale
of the stock under this subsection.
(5) Report to congress.--Not later than 6 months after the
date of enactment of this Act, the Secretary of the Treasury
shall report to the appropriate committees of Congress on the
completion and terms of the sale of stock of the Corporation
pursuant to this subsection.
(d) Repeal of Statutory Restrictions and Related
Provisions.--Part D of title VII of the Higher Education Act
of 1965 (20 U.S.C. 1132f et seq.) is repealed.
(e) Establishment of Account.--
(1) In general.--Notwithstanding any other provision of
law, the District of Columbia Financial Responsibility and
Management Assistance Authority shall establish an account to
receive--
(A) amounts collected from the sale and proceeds resulting
from the exercise of stock warrants pursuant to section
440(c)(9) of the Higher Education Act of 1965;
(B) amounts and proceeds remitted as compensation for the
right to assign the ``Sallie Mae'' name as a trademark or
service mark pursuant to section 440(e)(3) of the Higher
Education Act of 1965; and
(C) amounts and proceeds collected from the sale of the
stock of the Corporation and deposited pursuant to subsection
(c)(3).
(2) Amounts and Proceeds.--
(A) Amounts and proceeds relating to sallie mae.--The
amounts and proceeds described in subparagraphs (A) and (B)
of paragraph (1) shall be used to finance public elementary
and secondary school facility construction and repair within
the District of Columbia or to carry out the District of
Columbia School Reform Act of 1995.
(B) Amounts and proceeds relating to connie lee.--The
amounts and proceeds described in subparagraph (C) of
paragraph (1) shall be used to finance public elementary and
secondary school facility construction and repair within the
District of Columbia.
SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.
Part B of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.) is amended by adding after section 440
(as added by section 602) the following new section:
``SEC. 440A. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.
``The Student Loan Marketing Association (and, if the
Association is privatized under section 440, any successor
entity functioning as a secondary market for loans under this
part, including the Holding Company described in such
section) shall not engage directly or indirectly in any
pattern or practice that results in a denial of a borrower's
access to loans under this part because of the borrower's
race, sex, color, religion, national origin, age, disability
status, income, attendance at a particular eligible
institution, length of the borrower's educational program, or
the borrower's academic year at an eligible institution.''.
TITLE VII--MUSEUM AND LIBRARY SERVICES ACT OF 1996
SECTION 701. SHORT TITLE.
This title may be cited as the ``Museum and Library
Services Act of 1996''.
SEC. 702. MUSEUM AND LIBRARY SERVICES.
The Museum Services Act (20 U.S.C. 961 et seq.) is amended
to read as follows:
``TITLE II--MUSEUM AND LIBRARY SERVICES
``Subtitle A--General Provisions
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Museum and Library
Services Act'.
``SEC. 202. GENERAL DEFINITIONS.
``As used in this title:
``(1) Commission.--The term `Commission' means the National
Commission on Libraries and Information Science established
under section 3 of the National Commission on Libraries and
Information Sciences Act (20 U.S.C. 1502).
``(2) Director.--The term `Director' means the Director of
the Institute appointed under section 204.
``(3) Institute.--The term `Institute' means the Institute
of Museum and Library Services established under section 203.
``(4) Museum board.--The term `Museum Board' means the
National Museum Services Board established under section 275.
``SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
``(a) Establishment.--There is established, within the
National Foundation on the Arts and the Humanities, an
Institute of Museum and Library Services.
``(b) Offices.--The Institute shall consist of an Office of
Museum Services and an Office of Library Services. There
shall be a National Museum Services Board in the Office of
Museum Services.
``SEC. 204. DIRECTOR OF THE INSTITUTE.
``(a) Appointment.--
``(1) In general.--The Institute shall be headed by a
Director, appointed by the President, by and with the advice
and consent of the Senate.
``(2) Term.--The Director shall serve for a term of 4
years.
``(3) Qualifications.--Beginning with the first individual
appointed to the position of Director after the date of
enactment of the Museum and Library Services Act of 1996,
every second individual so appointed shall be appointed from
among individuals who have special competence with regard to
library and information services. Beginning with the second
individual appointed to the position of Director after the
date of enactment of the Museum and Library Services Act of
1996, every second individual so appointed shall be appointed
from among individuals who have special competence with
regard to museum services.
``(b) Compensation.--The Director may be compensated at the
rate provided for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(c) Duties and Powers.--The Director shall perform such
duties and exercise such powers as may be prescribed by law,
including awarding financial assistance for activities
described in this title.
``(d) Nondelegation.--The Director shall not delegate any
of the functions of the Director to any person who is not an
officer or employee of the Institute.
``(e) Coordination.--The Director shall ensure
coordination of the policies and activities of the
Institute with the policies and activities of other
agencies and offices of the Federal Government having
interest in and responsibilities for the improvement of
museums and libraries and information services.
``SEC. 205. DEPUTY DIRECTORS.
``The Office of Library Services shall be headed by a
Deputy Director, who shall be appointed by the Director from
among individuals who have a graduate degree in library
science and expertise in library and information services.
The Office of Museum Services shall be headed by a Deputy
Director, who shall be appointed by the Director
[[Page 2554]]
from among individuals who have expertise in museum services.
``SEC. 206. PERSONNEL.
``(a) In General.--The Director may, in accordance with
applicable provisions of title 5, United States Code, appoint
and determine the compensation of such employees as the
Director determines to be necessary to carry out the duties
of the Institute.
``(b) Voluntary Services.--The Director may accept and
utilize the voluntary services of individuals and reimburse
the individuals for travel expenses, including per diem in
lieu of subsistence, in the same amounts and to the same
extent as authorized under section 5703 of title 5, United
States Code, for persons employed intermittently in Federal
Government service.
``SEC. 207. CONTRIBUTIONS.
``The Institute is authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests,
or devises of money and other property or services and to use
such property of services in furtherance of the functions of
the Institute. Any proceeds from such gifts, bequests, or
devises, after acceptance by the Institute, shall be paid by
the donor or the representative of the donor to the Director.
The Director shall enter the proceeds in a special-interest
bearing account to the credit of the Institute for the
purposes specified in each case.
``Subtitle B--Library Services and Technology
``SEC. 211. SHORT TITLE.
``This subtitle may be cited as the `Library Services and
Technology Act'.
``SEC. 212. PURPOSE.
``It is the purpose of this subtitle--
``(1) to consolidate Federal library service programs;
``(2) to stimulate excellence and promote access to
learning and information resources in all types of libraries
for individuals of all ages;
``(3) to promote library services that provide all users
access to information through State, regional, national and
international electronic networks;
``(4) to provide linkages among and between libraries; and
``(5) to promote targeted library services to people of
diverse geographic, cultural, and socioeconomic backgrounds,
to individuals with disabilities, and to people with limited
functional literacy or information skills.
SEC. 213. DEFINITIONS.
``As used in this subtitle:
``(1) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized by the Secretary of the Interior
as eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(2) Library.--The term `library' includes--
``(A) a public library;
``(B) a public elementary school or secondary school
library;
``(C) an academic library;
``(D) a research library, which for the purposes of this
subtitle means a library that--
``(i) makes publicly available library services and
materials suitable for scholarly research and not otherwise
available to the public; and
``(ii) is not an integral part of an institution of higher
education; and
``(E) a private library, but only if the State in which
such private library is located determines that the library
should be considered a library for purposes of this subtitle.
``(3) Library consortium.--The term `library consortium'
means any local, statewide, regional, interstate, or
international cooperative association of library entities
which provides for the systematic and effective coordination
of the resources of school, public, academic, and special
libraries and information centers, for improved services for
the clientele of such library entities.
``(4) State.--The term `State', unless otherwise specified,
includes each of the 50 States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(5) State library administrative agency.--The term `State
library administrative agency' means the official agency of a
State charged by the law of the State with the extension and
development of public library services throughout the State.
``(6) State plan.--The term `State plan' means the document
which gives assurances that the officially designated State
library administrative agency has the fiscal and legal
authority and capability to administer all aspects of this
subtitle, provides assurances for establishing the State's
policies, priorities, criteria, and procedures necessary to
the implementation of all programs under this subtitle,
submits copies for approval as required by regulations
promulgated by the Director, identifies a State's library
needs, and sets forth the activities to be taken toward
meeting the identified needs supported with the assistance of
Federal funds made available under this subtitle.
``SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$150,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2002 to
carry out this subtitle.
``(2) Transfer.--The Secretary of Education shall--
``(A) transfer promptly to the Director any funds
appropriated under the authority of paragraph (1), to enable
the Director to carry out this subtitle; and
``(B) not exercise any authority concerning the
administration of this title other than the transfer
described in subparagraph (A).
``(b) Forward Funding.--
``(1) In general.--To the end of affording the responsible
Federal, State, and local officers adequate notice of
available Federal financial assistance for carrying out
ongoing library activities and projects, appropriations for
grants contracts, or other payments under any program under
this subtitle are authorized to be included in the
appropriations Act for the fiscal year preceding the fiscal
year during which such activities and projects shall be
carried out.
``(2) Additional authorization of appropriations.--In order
to effect a transition to the timing of appropriation action
authorized by subsection (a), the application of this section
may result in the enactment, in a fiscal year, of separate
appropriations for a program under this subtitle (whether in
the same appropriations Act or otherwise) for two consecutive
fiscal years.
``(c) Administration.--Not more than 3 percent of the funds
appropriated under this section for a fiscal year may be used
to pay for the Federal administrative costs of carrying out
this subtitle.
``CHAPTER 1--BASIC PROGRAM REQUIREMENTS
``SEC. 221. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--
``(1) In general.--From the amount appropriated under the
authority of section 214 for any fiscal year, the Director--
``(A) shall reserve 1\1/2\ percent to award grants in
accordance with section 261; and
``(B) shall reserve 4 percent to award national leadership
grants or contracts in accordance with section 262.
``(2) Special rule.--If the funds reserved pursuant to
paragraph (1)(B) for a fiscal year have not been obligated by
the end of such fiscal year, then such funds shall be
allotted in accordance with subsection (b) for the fiscal
year succeeding the fiscal year for which the funds were so
reserved.
``(b) Allotments.--
``(1) In general.--From the sums appropriated under the
authority of section 214 and not reserved under subsection
(a) for any fiscal year, the Director shall award grants from
minimum allotments, as determined under paragraph (3), to
each State. Any sums remaining after minimum allotments are
made for such year shall be allotted in the manner set forth
in paragraph (2).
``(2) Remainder.--From the remainder of any sums
appropriated under the authority of section 214 that are not
reserved under subsection (a) and not allotted under
paragraph (1) for any fiscal year, the Director shall award
grants to each State in an amount that bears the same
relation to such remainder as the population of the State
bears to the population of all States.
``(3) Minimum allotment.--
``(A) In general.--For the purposes of this subsection, the
minimum allotment for each State shall be $340,000, except
that the minimum allotment shall be $40,000 in the case of
the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(B) Ratable reductions.--If the sum appropriated under
the authority of section 214 and not reserved under
subsection (a) for any fiscal year is insufficient to fully
satisfy the aggregate of the minimum allotments for all
States for that purpose for such year, each of such minimum
allotments shall be reduced ratably.
``(C) Special rule.--
``(i) In general.--Notwithstanding any other provision of
this subsection and using funds allotted for the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau under this subsection, the Director
shall award grants to Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Federated States of
Micronesia, or the Republic of Palau to carry out activities
described in this subtitle in accordance with the provisions
of this subtitle that the Director determines are not
inconsistent with this subparagraph.
``(ii) Award basis.--The Director shall award grants
pursuant to clause (i) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(iii) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
shall not receive any funds under this subtitle for any
fiscal year that begins after September 30, 2001.
``(iv) Administrative costs.--The Director may provide not
more than 5 percent of the funds made available for grants
under this subparagraph to pay the administrative costs of
the Pacific Region Educational Laboratory regarding
activities assisted under this subparagraph.
``(4) Data.--The population of each State and of all the
States shall be determined by the Director on the basis of
the most recent
[[Page 2555]]
data available from the Bureau of the Census.
``SEC. 222. ADMINISTRATION.
``(a) In General.--Not more than 4 percent of the total
amount of funds received under this subtitle for any fiscal
year by a State may be used for administrative costs.
``(b) Construction.--Nothing in this section shall be
construed to limit spending for evaluation costs under
section 224(c) from sources other than this subtitle.
``SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTENANCE OF
EFFORT REQUIREMENTS.
``(a) Payments.--Subject to appropriations provided
pursuant to section 214, the Director shall pay to each State
library administrative agency having a State plan approved
under section 224 the Federal share of the cost of the
activities described in the State plan.
``(b) Federal Share.--
``(1) In general.--The Federal share shall be 66 percent.
``(2) Non-federal share.--The non-Federal share of payments
shall be provided from non-Federal, State, or local sources.
``(c) Maintenance of Effort.--
``(1) State expenditures.--
``(A) Requirement.--
``(i) In general.--The amount otherwise payable to a State
for a fiscal year pursuant to an allotment under this chapter
shall be reduced if the level of State expenditures, as
described in paragraph (2), for the previous fiscal year is
less than the average of the total of such expenditures for
the 3 fiscal years preceding that previous fiscal year. The
amount of the reduction in allotment for any fiscal year
shall be equal to the amount by which the level of such State
expenditures for the fiscal year for which the determination
is made is less than the average of the total of such
expenditures for the 3 fiscal years preceding the fiscal year
for which the determination is made.
``(ii) Calculation.--Any decrease in State expenditures
resulting from the application of subparagraph (B) shall be
excluded from the calculation of the average level of State
expenditures for any 3-year period described in clause (i).
``(B) Decrease in federal support.--If the amount made
available under this subtitle for a fiscal year is less than
the amount made available under this subtitle for the
preceding fiscal year, then the expenditures required by
subparagraph (A) for such preceding fiscal year shall be
decreased by the same percentage as the percentage decrease
in the amount so made available.
``(2) Level of state expenditures.--The level of State
expenditures for the purposes of paragraph (1) shall include
all State dollars expended by the State library
administrative agency for library programs that are
consistent with the purposes of this subtitle. All funds
included in the maintenance of effort calculation under this
subsection shall be expended during the fiscal year for which
the determination is made, and shall not include capital
expenditures, special one-time project costs, or similar
windfalls.
``(3) Waiver.--The Director may waive the requirements of
paragraph (1) if the Director determines that such a waiver
would be equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the State.
``SEC. 224. STATE PLANS.
``(a) State Plan Required.--
``(1) In general.--In order to be eligible to receive a
grant under this subtitle, a State library administrative
agency shall submit a State plan to the Director not later
than April 1, 1997.
``(2) Duration.--The State plan shall cover a period of 5
fiscal years.
``(3) Revisions.--If a State library administrative agency
makes a substantive revision to its State plan, then the
State library administrative agency shall submit to the
Director an amendment to the State plan containing such
revision not later than April 1 of the fiscal year preceding
the fiscal year for which the amendment will be effective.
``(b) Contents.--The State plan shall--
``(1) establish goals, and specify priorities, for the
State consistent with the purposes of this subtitle;
``(2) describe activities that are consistent with the
goals and priorities established under paragraph (1), the
purposes of this subtitle, and section 231, that the State
library administrative agency will carry out during such year
using such grant;
``(3) describe the procedures that such agency will use to
carry out the activities described in paragraph (2);
``(4) describe the methodology that such agency will use to
evaluate the success of the activities established under
paragraph (2) in achieving the goals and meeting the
priorities described in paragraph (1);
``(5) describe the procedures that such agency will use to
involve libraries and library users throughout the State in
policy decisions regarding implementation of this subtitle;
and
``(6) provide assurances satisfactory to the Director that
such agency will make such reports, in such form and
containing such information, as the Director may reasonably
require to carry out this subtitle and to determine the
extent to which funds provided under this subtitle have been
effective in carrying out the purposes of this subtitle.
``(c) Evaluation and Report.--Each State library
administrative agency receiving a grant under this subtitle
shall independently evaluate, and report to the Director
regarding, the activities assisted under this subtitle, prior
to the end of the 5-year plan.
``(d) Information.--Each library receiving assistance under
this subtitle shall submit to the State library
administrative agency such information as such agency may
require to meet the requirements of subsection (c).
``(e) Approval.--
``(1) In general.--The Director shall approve any State
plan under this subtitle that meets the requirements of this
subtitle and provides satisfactory assurances that the
provisions of such plan will be carried out.
``(2) Public availability.--Each State library
administrative agency receiving a grant under this subtitle
shall make the State plan available to the public
``(3) Administration.--If the Director determines that the
State plan does not meet the requirements of this section,
the Director shall--
``(A) immediately notify the State library administrative
agency of such determination and the reasons for such
determination;
``(B) offer the State library administrative agency the
opportunity to revise its State plan;
``(C) provide technical assistance in order to assist the
State library administrative agency in meeting the
requirements of this section; and
``(D) provide the State library administrative agency the
opportunity for a hearing.
``CHAPTER 2--LIBRARY PROGRAMS
``SEC. 231. GRANTS TO STATES.
``(a) In General.--Of the funds provided to a State library
administrative agency under section 214, such agency shall
expend, either directly or through subgrants of cooperative
agreements, at least 96 percent of such funds for--
``(1)(A) establishing or enhancing electronic linkages
among or between libraries;
``(B) electronically linking libraries with educational,
social, or information services;
``(C) assisting libraries in accessing information through
electronic networks;
``(D) encouraging libraries in different areas, and
encouraging different types of libraries, to establish
consortia and share resources; or
``(E) paying costs for libraries to acquire or share
computer systems and telecommunications technologies; and
``(2) targeting library and information services to persons
having difficulty using a library and to underserved urban
and rural communities, including children (from birth through
age 17) from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
``(b) Special Rule.--Each State library administrative
agency receiving funds under this chapter may apportion the
funds available for the purposes described in subsection (a)
between the two purposes described in paragraphs (1) and (2)
of such subsection, as appropriate, to meet the needs of the
individual State.
``CHAPTER 3--ADMINISTRATIVE PROVISIONS
``Subchapter A--State Requirements
``SEC. 251. STATE ADVISORY COUNCILS.
``Each State desiring assistance under this subtitle may
establish a State advisory council which is broadly
representative of the library entities in the State,
including public, school, academic, special, and
institutional libraries, and libraries serving individuals
with disabilities.
``Subchapter B--Federal Requirements
``SEC. 261. SERVICES FOR INDIAN TRIBES.
``From amounts reserved under section 221(a)(1)(A) for any
fiscal year the Director shall award grants to organizations
primarily serving and representing Indian tribes to enable
such organizations to carry out the activities described in
section 231.
``SEC. 262. NATIONAL LEADERSHIP GRANTS OR CONTRACTS.
``(a) In General.--From the amounts reserved under section
221(a)(1)(B) for any fiscal year the Director shall establish
and carry out a program awarding national leadership grants
or contracts to enhance the quality of library services
nationwide and to provide coordination between libraries and
museums. Such grants or contracts shall be used for
activities that may include--
``(1) education and training of persons in library and
information science, particularly in areas of new technology
and other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
``(2) research and demonstration projects related to the
improvement of libraries, education in library and
information science, enhancement of library services through
effective and efficient use of new technologies, and
dissemination of information derived from such projects;
``(3) preservation of digitization of library materials and
resources, giving priority to projects emphasizing
coordination, avoidance of duplication, and access by
researchers beyond the institution or library entity
undertaking the project; and
``(4) model programs demonstrating cooperative efforts
between libraries and museums.
``(b) Grants or Contracts.--
``(1) In general.--The Director may carry out the
activities described in subsection (a) by awarding grants to,
or entering into contracts with, libraries, agencies,
institutions of higher education, or museums, where
appropriate.
[[Page 2556]]
``(2) Competitive basis.--Grants and contracts under this
section shall be awarded on a competitive basis.
``(c) Special Rule.--The Director shall make every effort
to ensure that activities assisted under this section are
administered by appropriate library and museum professionals
or experts.
``SEC. 263. STATE AND LOCAL INITIATIVES.
``Nothing in this subtitle shall be construed to interfere
with State and local initiatives and responsibility in the
conduct of library services. The administration of libraries,
the selection of personnel and library books and materials,
and insofar as consistent with the purposes of this subtitle,
the determination of the best uses of the funds provided
under this subtitle, shall be reserved for the States and
their local subdivisions.
``Subtitle C--Museum Services
``SEC. 271. PURPOSE.
``It is the purpose of this subtitle--
``(1) to encourage and assist museums in their educational
role, in conjunction with formal systems of elementary,
secondary, and postsecondary education and with programs of
nonformal education for all age groups;
``(2) to assist museums in modernizing their methods and
facilities so that the museums are better able to conserve
the cultural, historic, and scientific heritage of the United
States; and
``(3) to ease the financial burden borne by museums as a
result of their increasing use by the public.
``SEC. 272. DEFINITIONS.
``As used in this subtitle:
``(1) Museum.--The term `museum' means a public or private
nonprofit agency or institution organized on a permanent
basis for essentially educational or aesthetic purposes, that
utilizes a professional staff, owns or utilizes tangible
objects, cares for the tangible objects, and exhibits the
tangible objects to the public on a regular basis.
``(2) State.--The term `State' means each of the 50 States
of the United States, the District of Columbia, the
Commomwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
``SEC. 273. MUSEUM SERVICES ACTIVITIES.
``(a) Grants.--The Director, subject to the policy
direction of the Museum Board, may make grants to museums to
pay for the Federal share of the cost of increasing and
improving museum services, through such activities as--
``(1) programs that enable museums to construct or install
displays, interpretations, and exhibitions in order to
improve museum services provided to the public;
``(2) assisting museums in developing and maintaining
professionally trained or otherwise experienced staff to meet
the needs of the museums;
``(3) assisting museums in meeting the administrative costs
of preserving and maintaining the collections of the museums,
exhibiting the collections to the public, and providing
educational programs to the public through the use of the
collections;
``(4) assisting museums in cooperating with each other in
developing traveling exhibitions, meeting transportation
costs, and identifying and locating collections available for
loan;
``(5) assisting museums in the conservation of their
collections;
``(6) developing and carrying out specialized programs for
specific segments of the public, such as programs for urban
neighborhoods, rural areas, Indian reservations, and penal
and other State institutions; and
``(7) model programs demonstrating cooperative efforts
between libraries and museums.
``(b) Contracts and Cooperative Agreements.--
``(1) Projects to strengthen museum services.--The
Director, subject to the policy direction of the Museum
Board, is authorized to enter into contracts and cooperative
agreements with appropriate entities, as determined by the
Director, to pay for the Federal share of enabling the
entities to undertake projects designed to strengthen museum
services, except that any contracts or cooperative agreements
entered into pursuant to this subsection shall be effective
only to such extent or in such amounts as are provided in
appropriations Acts.
``(2) Limitation on amount.--The aggregate amount of
financial assistance made available under this subsection for
a fiscal year shall not exceed 15 percent of the amount
appropriated under this subtitle for such fiscal year.
``(3) Operational expenses.--No financial assistance may be
provided under this subsection to pay for operational
expenses.
``(c) Federal Share.--
``(1) 50 Percent.--Except as provided in paragraph (2), the
Federal share described in subsection (a) and (b) shall be
not more than 50 percent.
``(2) Greater than 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to make grants under subsection
(a), or enter into contracts or agreements under subsection
(b), for which the Federal share may be greater than 50
percent.
``(d) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating grants, contracts,
and cooperative agreements made or entered into under this
subtitle. Procedures for reviewing grant applications or
contracts and cooperative agreements for financial assistance
under this subtitle shall not be subject to any review
outside of the Institute.
``SEC. 274. AWARD.
``The Director, with the advice of the Museum Board, may
annually award a National Award for Museum Service to
outstanding museums that have made significant contributions
in service to their communities.
SEC. 275. NATIONAL MUSEUM SERVICES BOARD.
``(a) Establishment.--There is established in the Institute
a National Museum Services Board.
``(b) Composition and Qualifications.--
``(1) Composition.--The Museum Board shall consist of the
Director and 14 members appointed by the President, by and
with the advice and consent of the Senate.
``(2) Qualifications.--The appointive members of the Museum
Board shall be selected from among citizens of the United
States--
``(A) who are members of the general public;
``(B) who are or have been affiliated with--
``(i) resources that, collectively, are broadly
representative of the curatorial, conservation, educational,
and cultural resources of the United States; or
``(ii) museums that, collectively, are broadly
representative of various types of museums, including museums
relating to science, history, technology, art, zoos, and
botanical gardens; and
``(C) who are recognized for their broad knowledge,
expertise, or experience in museums or commitment to museums.
``(3) Georgraphic and other representation.--Members of the
Museum Board shall be appointed to reflect persons from
various geographic regions of the United States. The Museum
Board may not include, at any time, more than 3 members from
a single State. In making such appointments, the President
shall give due regard to equitable representation of women,
minorities, and persons with disabilities who are involved
with museums.
``(c) Terms.--
``(1) In general.--Each appointive member of the Museum
Board shall serve for a term of 5 years, except that--
``(A) of the members first appointed, 3 shall serve for
terms of 5 years, 3 shall serve for terms of 4 years, 3 shall
serve for terms of 3 years, 3 shall serve for terms of 2
years, and 2 shall serve for terms of 1 year, as designated
by the President at the time of nomination for appointment;
and
``(B) any member appointed to fill a vacancy shall serve
for the remainder of the term for which the predecessor of
the member was appointed.
``(2) Reappointement.--No member of the Museum Board who
has been a member for more than 7 consecutive years shall be
eligible for reappointment.
``(3) Service until successor takes office.--
Notwithstanding any other provision of this subsection, a
member of the Museum Board shall serve after the expiration
of the term of the member until the successor to the member
takes office.
``(d) Duties and Powers.--The Museum Board shall have the
responsibility to advise the Director on general policies
with respect to the duties, powers, and authority of the
Institute relating to museum services, including general
policies with respect to--
``(1) financial assistance awarded under this subtitle for
museum services; and
``(2) projects described in section 262(a)(4).
``(e) Chairperson.--The President shall designate 1 of the
appointive members of the Museum Board as Chairperson of the
Museum Board.
``(f) Meetings.--
``(1) In general.--The Museum Board shall meet--
``(A) not less than 3 times each year, including--
``(i) not less than 2 times each year separately; and
``(ii) not less than 1 time each year in a joint meeting
with the Commission, convened for purposes of making general
policies with respect to financial assistance for projects
described in section 262(a)(4); and
``(B) at the call of the Director.
``(2) Vote.--All decisions by the Museum Board with respect
to the exercise of the duties and powers of the Museum Board
shall be made by a majority vote of the members of the Museum
Board who are present. All decisions by the Commission and
the Museum Board with respect to the policies described in
paragraph (1)(A)(ii) shall be made by a \2/3\ majority vote
of the total number of the members of the Commission and the
Museum Board who are present.
``(g) Quorum.--A majority of the members of the Museum
Board shall constitute a quorum for the conduct of business
at official meetings of the Museum Board, but a lesser number
of members may hold hearings. A majority of the members of
the Commission and a majority of the members of the Museum
Board shall constitute a quorum for the conduct of business
at official joint meeting of the Commission and the Museum
Board.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum Board who is
not an officer or employee of the Federal Government may be
compensated at a rate to be fixed by the President, but not
to exceed the daily equivalent of the maximum rate authorized
for a
[[Page 2557]]
position above grade GS-15 of the General Schedule under
section 5108 of title 5, United States Code, for each day
(including travel time) during which such member is engaged
in the performance of the duties of the Museum Board. All
members of the Museum Board who are officers or employees of
the Federal Government shall serve without compensation in
addition to compensation received for their services as
officers or employees of the Federal Government.
``(2) Travel expenses.--The members of the Museum Board may
be allowed travel expenses, including per diem in lieu of
subsistence, in the same amounts and to the same extent, as
authorized under section 5703 of title 5, United States Code,
for persons employed intermittently in Federal Government
service.
``(i) Coordination.--The Museum Board, with the advice of
the Director, shall take steps to ensure that the policies
and activities of the Institute are coordinated with other
activities of the Federal Government.
``SEC. 276. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated to the
Director $28,700,000 for the fiscal year 1997, and such sums
as may be necessary for each of the fiscal years 1998 through
2002.
``(b) Administration.--Not more than 10 percent of the
funds appropriated under this section for a fiscal year may
be used to pay for the administrative costs of carrying out
this subtitle.
``(c) Sums Remaining Available.--Sums appropriated pursuant
to subsection (a) for any fiscal year shall remain available
for obligation until expended.''.
SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE.
(a) Functions.--Section 5 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1504) is
amended--
(1) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) The Commission shall have the responsibility to
advise the Director of the Institute of Museum and Library
Services on general policies with respect to the duties,
powers, and authority of the Institute of Museum and Library
Services relating to library services, including--
``(1) general policies with respect to--
``(A) financial assistance awarded under the Museum and
Library Services Act for library services; and
``(B) projects described in section 262(a)(4) of such Act;
and
``(2) measures to ensure that the policies and activities
of the Institute of Museum and Library Services are
coordinated with other activities of the Federal Government.
``(c)(1) The Commission shall meet not less than 1 time
each year in a joint meeting with the National Museum
Services Board, convened for purposes of providing advice on
general policy with respect to financial assistance for
projects described in section 262(a)(4) of such Act.
``(2) All decisions by the Commission and the National
Museum Services Board with respect to the advice on general
policy described in paragraph (1) shall be made by a \2/3\
majority vote of the total number of the members of the
Commission and the National Museum Services Board who are
present.
``(3) A majority of the members of the Commission and a
majority of the members of the National Museum Services Board
shall constitute a quorum for the conduct of business at
official joint meetings of the Commission and the National
Museum Services Board.''.
(b) Membership.--Section 6 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1505) is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Librarian of
Congress'' and inserting ``Librarian of Congress, the
Director of the Institute of Museum and Library Services (who
shall serve as an ex officio, nonvoting member),'';
(B) in the second sentence--
(i) by striking ``special competence or interest in'' and
inserting ``special competence in or knowledge of; and
(ii) by inserting before the period the following: ``and at
least one other of whom shall be knowledgeable with respect
to the library and information service and science needs of
the elderly'';
(C) in the third sentence, by inserting ``appointive''
before ``members''; and
(D) in the last sentence, by striking ``term and at least''
and all that follows and inserting ``term.''; and
(2) in subsection (b), by striking ``the rate specified''
and all that follows through ``and while'' and inserting
``the daily equivalent of the maximum rate authorized for a
position above grade GS-15 of the General Schedule under
section 5108 of title 5, United States Code, for each day
(including travel-time) during which the members are engaged
in the business of the Commission. While''.
SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM
SERVICES.
(a) Definitions.--For purposes of this section, unless
otherwise provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(b) Transfer of Functions From the Institute of Museum
Services and the Library Program Office.--There are
transferred to the Director of the Institute of Museum and
Library Services established under section 203 of the Museum
and Library Services established under section 203 of the
Museum and Library Services Act--
(1) all functions that the Director of the Institute of
Museum Services exercised before the date of enactment of
this section (including all related functions of any officer
or employee of the Institute of Museum Services); and
(2) all functions that the Director of Library Programs in
the Office of Educational Research and Improvement in the
Department of Education exercised before the date of
enactment of this section and any related function of any
officer or employee of the Department of Education.
(c) Determinations of Certain Functions by the Office of
Management and Budget.--If necessary, the Office of
Management and Budget shall make any determination of the
functions that are transferred under subsection (b).
(d) Delegation and Assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this
section, the Director of the Institute of Museum and Library
Services may delegate any of the functions transferred to the
Director of the Institute of Museum and Library Services by
this section and any function transferred or granted to such
Director of the Institute of Museum and Library Services
after the effective date of this section to such officers and
employees of the Institute of Museum and Library Services as
the Director of the Institute of Museum and Library Services
may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate, except
that any delegation of any such functions with respect to
libraries shall be made to the Deputy Director of the Office
of Library Services and with respect to museums shall be made
to the Deputy Director of the Office of Museum Services. No
delegation of functions by the Director of the Institute of
Museum and Library Services under this section or under any
other provision of this section shall relieve such Director
of the Institute of Museum and Library Services of
responsibility for the administration of such functions.
(e) Reorganization.--The Director of the Institute of
Museum and Library Services may allocate or reallocate any
function transferred under subsection (b) among the officers
of the Institute of Museum and Library Services, and may
establish, consolidate, alter, or discontinue such
organizational entities in the Institute of Museum and
Library Services as may be necessary or appropriate.
(f) Rules.--The Director of the Institute of Museum and
Library Services may prescribe, in accordance with chapters 5
and 6 of title 5, United States Code, such rules and
regulations as the Director of the Institute of Museum and
Library Services determines to be necessary or appropriate to
administer and manage the functions of the Institute of
Museum and Library Services.
(g) Transfer and Allocations of Appropriations and
Personnel.--Except as otherwise provided in this section, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this section, subject to section 1531 of title
31, United States Code, shall be transferred to the Institute
of Museum and Library Services. Unexpended funds transferred
pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(h) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be
necessary with regard to the functions transferred by this
section, and make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with such functions, as may be necessary to carry
out this section. The Director of the Office of Management
and Budget shall provide for the termination of the affairs
of all entities terminated by this section and for such
further measures and dispositions as may be necessary to
effectuate the purposes of this section.
(i) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or
compensation for 1 year after the date of transfer of such
employee under this section.
(2) Executive schedule positions.--Except as otherwise
provided in this section, any person who, on the day
preceding the effective date of this section, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Institute of Museum and Library Services to a
[[Page 2558]]
position having duties comparable to the duties performed
immediately preceding such appointment shall continue to be
compensated in such new position at not less than the rate
provided for such previous position, for the duration of the
service of such person in such new position.
(j) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official of a Federal agency, or by a court of competent
jurisdiction, in the performance of functions that are
transferred under this section; and
(B) that were in effect before the effective date of this
section, or were final before the effective date of this
section and are to become effective on or after the effective
date of this section;
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
Institute of Museum and Library Services or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(2) Proceedings not affected.--This section shall not
affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the
Institute of Museum Services on the effective date of this
section, with respect to functions transferred by this
section. Such proceedings and applications shall be
continued. Orders shall be issued in such proceedings,
appeals, shall be taken from the orders, and payments shall
be made pursuant to the orders, as if this section had not
been enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in
this paragraph shall be construed to prohibit the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this section had not been enacted.
(3) Suits not affected.--This section shall not affect
suits commenced before the effective date of this section,
and in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with the
same effect as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Institute of Museum
Services, or by or against any individual in the official
capacity of such individual as an officer of the Institute of
Museum Services, shall abate by reason of the enactment of
this section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Institute
of Museum Services relating to a function transferred under
this section may be continued by the Institute of Museum and
Library Services with the same effect as if this section had
not been enacted.
(k) Transition.--The Director of the Institute of Museum
and Library Services may utilize--
(1) the services of such officers, employees, and other
personnel of the Institute of Museum Services with respect to
functions transferred to the Institute of Museum and Library
Services by this section; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(l) References.--A reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to--
(1) the Director of the Institute of Museum Services with
regard to functions transferred under subsection (b), shall
be deemed to refer to the Director of the Institute of Museum
and Library Services; and
(2) the Institute of Museum Services with regard to
functions transferred under subsection (b), shall be deemed
to refer to the Institute of Museum and Library Services.
(m) Additional Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of Congress and the director of the
Office of Management and Budget, the Director of the
Institute of Museum and Library Services shall prepare and
submit to the appropriate committees of Congress recommended
legislation containing technical and conforming amendments to
reflect the changes made by this section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Director of the
Institute of Museum and Library Services shall submit to the
appropriate committees of Congress the recommended
legislation referred to under paragraph (1).
SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF
ENACTMENT.
Notwithstanding section 204 of the Museum of Library
Services Act, the individual who was appointed to the
position of Director of the Institute of Museum Services
under section 205 of the Museum Services Act (as such section
was in effect on the day before the date of enactment of this
Act) and who is serving in such position on the day before
the date of enactment of this Act shall serve as the first
Director of the Institute of Museum and Library Services
under section 204 of the Museum and Library Services Act (as
added by section 2 of this Act), and shall serve at the
pleasure of the President.
SEC. 706. CONSIDERATION.
Consistent with title 5, United States Code, in appointing
employees of the Office of Library Services, the Director of
the Institute of Museum and Library Services shall give
strong consideration to individuals with experience in
administering State-based and national library and
information services programs.
SEC. 707. TRANSITION AND TRANSFER OF FUNDS.
(a) Transition.--The Director of the Office of Management
and Budget shall take appropriate measures to ensure an
orderly transition from the activities previously
administered by the Director of Library Programs in the
Office of Educational Research and Improvement in the
Department of Education to the activities administered by the
Institute for Museum and Library Services under this Act.
Such measures may include the transfer of appropriated funds.
(b) Transfer.--From any amounts available to the Secretary
of Education for salaries and expenses at the Department of
Education, the Secretary of Education shall transfer to the
Director the amount of funds necessary to ensure the orderly
transition from activities previously administered by the
Director of the Office of Library Programs in the Office of
Educational Research and Improvement in the Department of
Education to the activities administered by the Institute for
Museum and Library Services. In no event shall the amount of
funds transferred pursuant to the preceding sentence be less
than $200,000.
SEC. 708. REPEALS.
(a) Library Services and Construction Act.--The Library
Services and Construction Act (20 U.S.C. 351 et seq.) is
repealed.
(b) Title II of the Higher Education Act of 1965.--Title II
of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.),
relating to academic libraries and information services, is
repealed.
(c) Part D of Title XIII of the Higher Education Amendments
of 1986.--Part D of title XIII of the Higher Education
Amendments of 1986 (20 U.S.C. 1029 note), relating to library
resources, is repealed.
(d) Section 519 of the Education Amendments of 1974.--
Section 519 of the Education Amendments of 1974 (20 U.S.C.
1221i) is repealed.
(e) Part F of the Technology for Education Act of 1994.--
Part F of the Technology for Education Act of 1994 (20 U.S.C.
7001 et seq.), contained in title III of the Elementary and
Secondary Education Act of 1965, is repealed.
SEC. 709. CONFORMING AMENDMENTS.
(a) References to Library Services and Construction Act.--
(1) Technology for education act of 1994.--Section 3113(10)
of the Technology for Education Act of 1994 (20 U.S.C.
6813(10)) is amended by striking ``section 3 of the Library
Services and Construction Act;'' and inserting ``section 213
of the Library Services and Technology Act;''
(2) Omnibus education reconciliation act of 1981.--Section
528 of the Omnibus Education Reconciliation Act of 1981 (20
U.S.C. 3489) is amended--
(A) by striking paragraph (12); and
(B) by redesignating paragraphs (13) through (15) as
paragraphs (12) through (14), respectively.
(3) Elementary and secondary education act of 1965.--
Section 3113(10) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6813(10)) is amended by striking
``section 3 of the Library Services and Construction Act''
and inserting ``section 213 of the Library Services and
Technology Act''.
(4) Community improvement volunteer act of 1994.--Section
7305 of the Community Improvement Volunteer Act of 1994 (40
U.S.C. 276d-3) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
(5) Appalachian regional development act of 1965.--Section
214(c) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App. 214(c)) is amended by striking ``Library
Services and Construction Act;''
(6) Demonstration cities and metropolitan development act
of 1966.--Section 208(2) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is
amended by striking ``title II of the Library Services and
Construction Act;''.
(7) Public law 87-688.--Subsection (c) of the first section
of the Act entitled ``An Act to extend the application of
certain laws to American Samoa'', approved September 25, 1962
(48 U.S.C. 1666(c)) is amended by striking ``the Library
Services Act (70 Stat. 293; 20 U.S.C. 351 et seq.),''.
(8) Communications act of 1934.--Paragraph (4) of section
254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)(4)
is amended by striking ``library not eligible for
participation in State-based plans for funds under title III
of the Library Services and Construction Act (20 U.S.C. 335c
et seq.)'' and inserting ``library or library consortium not
eligible for assistance from a State library administrative
agency under the Library Services and Technology Act''.
[[Page 2559]]
(b) References to Institute of Museum Services.--
(1) Title 5, united states code.--Section 5315 of title 5
United States Code, is amended by striking the following:
``Director of the Institute of Museum Services,'' and
inserting the following:
``Director of the Institute of Museum and Library
Services.''.
(2) Department of education organization act.--Section 301
of the Department of Education Organization Act (20 U.S.C.
3441) is amended--
(A) in subsection (a)--
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively; and
(B) in subsection (b)--
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) through (7) as
paragraphs (4) through (6), respectively.
(3) Elementary and secondary education act of 1965.--
(A) Sections 2101(b), 2205(c)(1)(D), 2208(d)(1)(H)(v), and
2209(b)(1)(C)(iv), and subsection (d)(6) and (e)(2) of
section 10401 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6621(b), 6645(c)(1)(D), 6648(d)(1)(H)(v),
6649(b)(1)(C)(vi), and 8091 (d)(6) and (e)(2)) are amended by
striking ``the Institute of Museum Services'' and inserting
``the Institute of Museum and Library Services''.
(B) Section 10412(b) of such Act (20 U.S.C. 8102(b) is
amended--
(i) in paragraph (2), by striking ``the Director of the
Institute Museum Services,'' and inserting ``the Director of
the Institute of Museum and Library Services,''; and
(ii) in paragraph (7), by striking ``the Director of the
Institute of Museum Services,'' and inserting ``the director
of the Institute of Museum and Library Services,''.
(C) Section 10414(a)(2)(B) of such Act (20 U.S.C.
8104(a)(2)(B)) is amended by striking clause (iii) and
inserting the following new clause:
``(iii) the Institute of Museum and Library Services.''.
(c) References to Office of Libraries and Learning
Resources.--Section 413(b)(1) of the Department of Education
Organization Act (20 U.S.C. 3473(b)(1)) is amended--
(1) by striking subparagraph (H); and
(2) by redesignating subparagraphs (I) through (M) as
subparagraphs (H) through (L), respectively.
(d) Reference to State Postsecondary Review Entity
Programs.--Section 356(b)(2) of the Higher Education Act of
1965 (20 U.S.C. 10696(b)) is amended by striking ``II,''.
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 1997''.
(f) For programs, projects or activities in the Treasury,
Postal Service, and General Appropriations Act, 1997,
provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
AN ACT Making appropriations for the Treasury Department, the United
States Postal Service, the Executive Office of the President, and
certain Independent Agencies, for the fiscal year ending September 30,
1997, and for other purposes
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $2,900,000 for official travel
expenses; not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary
of the Treasury and to be accounted for solely on his
certificate; $111,760,000.
Automation Enhancement
including transfer of funds
For the development and acquisition of automatic data
processing equipment, software, and services for the
Department of the Treasury, $27,100,000, of which $15,000,000
shall be available to the United States Customs Service for
the Automated Commercial Environment project, and of which
$5,600,000 shall be available to the United States Customs
Service for the International Trade Data System: Provided,
That these funds shall remain available until September 30,
1999: Provided further, That these funds shall be transferred
to accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds shall
be used to support or supplement Internal Revenue Service
appropriations for Information Systems and Tax Systems
Modernization: Provided further, That of the funds
appropriated for the Automated Commercial Environment,
$3,475,000 may not be obligated until the Commissioner of
Customs consults with the Committees on Appropriations
regarding deficiencies identified by the General Accounting
Office.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, not to exceed $2,000,000 for official
travel expenses; including hire of passenger motor vehicles;
and not to exceed $100,000 for unforeseen emergencies of a
confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury;
$29,736,000.
Office of Professional Responsibility
salaries and expenses
For necessary expenses of the Office of Professional
Responsibility, including purchase and hire of passenger
motor vehicles, $1,500,000.
Treasury Buildings and Annex Repair and Restoration
including transfer of funds
For the repair, alteration, and improvement of the Treasury
Building and Annex, $28,213,000, to remain available until
expended: Provided, That funds previously made available
under this title for the Secret Service Headquarter's
building shall be transferred to the Secret Service
Acquisition, Construction, Improvement and Related Expenses
appropriation.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities,
law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses;
and for assistance to Federal law enforcement agencies, with
or without reimbursement; $22,387,000: Provided, That
notwithstanding any other provision of law, the Director of
the Financial Crimes Enforcement Network may procure up to
$500,000 in specialized, unique, or novel automatic data
processing equipment, ancillary equipment, software,
services, and related resources from commercial vendors
without regard to otherwise applicable procurement laws and
regulations and without full and open competition, utilizing
procedures best suited under the circumstances of the
procurement to efficiently fulfill the agency's requirements:
Provided further, That funds appropriated in this account may
be used to procure personal services contracts.
Department of the Treasury Forfeiture Fund
For necessary expenses of the Treasury Forfeiture Fund, as
authorized by Public Law 102-393, not to exceed $10,000,000,
to be derived from deposits in the fund: Provided, That
notwithstanding any other provision of law, not to exceed
$7,500,000 shall be made available for the development of a
Federal wireless communication system: Provided further, That
the Secretary of the Treasury is authorized to receive all
unavailable collections transferred from the Special
Forfeiture Fund established by section 6073 of the Anti-Drug
Abuse Act of 1988 (21 (21 U.S.C. 1509) by the Director of the
Office of Drug Control Policy as a deposit into the Treasury
Forfeiture Fund (31 U.S.C. 9703(a)).
Violent Crime Reduction Programs
including transfer of funds
For activities authorized by Public Law 103-322, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund, as follows:
(a) As authorized by section 190001(e), $89,000,000, of
which $36,595,000 shall be available to the Bureau of
Alcohol, Tobacco and Firearms, of which $3,000,000 shall be
available for administering the Gang Resistance Education and
Training program, of which $3,662,000 shall be available for
ballistics technologies, including the purchase, maintenance
and upgrading of equipment and of which $29,133,000 shall be
available to enhance training and purchase equipment and
services, and of which $800,000 shall be available for
project LEAD; of which $18,300,000 shall be available to the
Secretary as authorized by section 732 of Public Law 104-132,
as amended by Section 113 of the Fiscal Year 1997 Department
of Commerce, Justice and State, and the Judiciary, and
Related Agencies Appropriations Act; of which $1,000,000
shall be available to the Financial Crimes Enforcement
Network; of which $20,000,000 shall be available to the
United States Secret Service, of which no less than
$1,400,000 shall be available for a grant for activities
related to the investigations of missing and exploited
children; and of which $13,105,000 shall be available to the
Federal Drug Control Programs, High Intensity Drug
Trafficking Areas program.
(b) As authorized by section 32401, $8,000,000, for
disbursement through grants, cooperative agreements or
contracts, to local governments for Gang Resistance Education
and Training: Provided, That notwithstanding sections 32401
and 310001, such funds shall be allocated only to the
affected State and local law enforcement and prevention
organizations participating in such projects.
Treasury Franchise Fund
There is hereby established in the Treasury a franchise
fund pilot, as authorized by section 403 of Public Law 103-
356, to be available as provided in such section for expenses
and equipment necessary for the maintenance and operation of
such financial and administrative support services as the
Secretary determines may be performed more advantageously as
central services: Provided,
[[Page 2560]]
That any inventories, equipment, and other assets pertaining
to the services to be provided by such fund, either on hand
or on order, less the related liabilities or unpaid
obligations, and any appropriations made for the purpose of
providing capital, shall be used to capitalize such fund:
Provided further, That such fund shall be reimbursed or
credited with the payments, including advanced payments, from
applicable appropriations and funds available to the
Department and other Federal agencies for which such
administrative and financial services are performed, at rates
which will recover all expenses of operation, including
accrued leave, depreciation of fund plant and equipment,
amortization of Automatic Data Processing (ADP) software and
systems, and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed 4 percent of the total annual income to such fund may
be retained in the fund for fiscal year 1997 and each fiscal
year thereafter, to remain available until expended, to be
used for the acquisition of capital equipment and for the
improvement and implementation of Treasury financial
management, ADP, and other support systems: Provided further,
That no later than 30 days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be
deposited as miscellaneous receipts in the Treasury: Provided
further, That such franchise fund pilot shall terminate
pursuant to section 403(f) of Public Law 103-356.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement
Training Center, as a bureau of the Department of the
Treasury, including materials and support costs of Federal
law enforcement basic training; purchase (not to exceed 52
for police-type use, without regard to the general purchase
price limitation) and hire of passenger motor vehicles; for
expenses for student athletic and related activities;
uniforms without regard to the general purchase price
limitation for the current fiscal year; the conducting of and
participating in firearms matches and presentation of awards;
for public awareness and enhancing community support of law
enforcement training; not to exceed $9,500 for official
reception and representation expenses; room and board for
student interns; and services as authorized by 5 U.S.C. 3109;
$54,831,000, of which up to $13,034,000 for materials and
support costs of Federal law enforcement basic training shall
remain available until September 30, 1999: Provided, That the
Center is authorized to accept and use gifts of property,
both real and personal, and to accept services, for
authorized purposes, including funding of a gift of intrinsic
value which shall be awarded annually by the Director of the
Center to the outstanding student who graduated from a basic
training program at the Center during the previous fiscal
year, which shall be funded only by gifts received through
the Center's gift authority: Provided further, That
notwithstanding any other provision of law, students
attending training at any Federal Law Enforcement Training
Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center
policy: Provided further, That funds appropriated in this
account shall be available, at the discretion of the
Director, for: training United States Postal Service law
enforcement personnel and Postal police officers; State and
local government law enforcement training on a space-
available basis; training of foreign law enforcement
officials on a space-available basis with reimbursement of
actual costs to this appropriation; training of private
sector security officials on a space-available basis with
reimbursement of actual costs to this appropriation; and
travel expenses of non-Federal personnel to attend course
development meetings and training at the Center: Provided
further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving
training at the Federal Law Enforcement Training Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the
end of the fiscal year: Provided further, That the Federal
Law Enforcement Training Center is authorized to provide
short term medical services for students undergoing training
at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training
Center, for acquisition of necessary additional real property
and facilities, and for ongoing maintenance, facility
improvements, and related expenses, $18,884,000, to remain
available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$196,069,000, of which not to exceed $14,277,000 shall remain
available until expended for systems modernization
initiatives. In addition, $90,000, to be derived from the Oil
Spill Liability Trust Fund, to reimburse the Service for
administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of
Public Law 101-380: Provided, That none of the funds made
available for systems modernization initiatives may not be
obligated until the Commissioner of the Financial Management
Service has submitted, and the Committees on Appropriations
of the House and Senate have approved, a report that
identifies, evaluates, and prioritizes all computer systems
investments planned for fiscal year 1997, a milestone
schedule for the development and implementation of all
projects included in the systems investment plan, and a
systems architecture plan.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco
and Firearms, including purchase of not to exceed 650
vehicles for police-type use for replacement only and hire of
passenger motor vehicles; hire of aircraft; and services of
expert witnesses at such rates as may be determined by the
Director; for payment of per diem and/or subsistence
allowances to employees where an assignment to the National
Response Team during the investigation of a bombing or arson
incident requires an employee to work 16 hours or more per
day or to remain overnight at his or her post of duty; not to
exceed $12,500 for official reception and representation
expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for
explosives and fire accelerants detection; provision of
laboratory assistance to State and local agencies, with or
without reimbursement; $393,971,000, of which $12,011,000, to
remain available until expended, shall be available for arson
investigations, with priority assigned to any arson,
explosion or violence against religious institutions; which
not to exceed $1,000,000 shall be available for the payment
of attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $1,000,000 shall be available for the equipping of any
vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if
the conveyance will be used in drug-related joint law
enforcement operations with the Bureau of Alcohol, Tobacco
and Firearms and for the payment of overtime salaries,
travel, fuel, training, equipment, and other similar costs of
State and local law enforcement officers that are incurred in
joint operations with the Bureau of Alcohol, Tobacco and
Firearms: Provided, That no funds made available by this or
any other Act may be used to transfer the functions,
missions, or activities of the Bureau of Alcohol, Tobacco and
Firearms to other agencies or Departments in the fiscal year
ending on September 30, 1997: Provided further, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the
records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms
licensees: Provided further, That no funds appropriated
herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States
to implement an amendment or amendments to 27 CFR 178.118 or
to change the definition of ``Curios or relics'' in 27 CFR
178.11 or remove any item from ATF Publication 5300.11 as it
existed on January 1, 1994: Provided further, That none of
the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate
and act upon applications filed by corporations for relief
from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That no funds in this Act may be used to
provide ballistics imaging equipment to any State or local
authority who has obtained similar equipment through a
Federal grant or subsidy unless the State or local authority
agrees to return that equipment or to repay that grant or
subsidy to the Federal Government: Provided further, That no
funds available for separation incentive payments as
authorized by section 663 of this Act may be obligated
without the advance approval of the House and Senate
Committees on Appropriations: Provided further, That no funds
under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code.
laboratory facilities
For necessary expenses for design of a new facility or
facilities, to house the Bureau of Alcohol, Tobacco and
Firearms National Laboratory Center and the Fire
Investigation Research and Development Center, not to exceed
185,000 occupiable square feet, $6,978,000, to remain
available until expended: Provided, That these funds shall
not be available until a prospectus of authorization for the
Laboratory Facilities is approved by the House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs
Service, including purchase of up to 1,000 motor vehicles of
which 960 are for replacement only, including 990 for police-
type use and commercial operations; hire of motor vehicles;
contracting with individuals for personal services abroad;
not to exceed $30,000 for official reception and
representation expenses; and awards of compensation to
informers, as authorized by any Act enforced by the United
States Customs Service; $1,487,250,000; of which $65,000,000
shall be available until expended
[[Page 2561]]
for Operation Hardline; of which $28,000,000 shall remain
available until expended for acquisition of aircraft and
related operations and maintenance associated with Operation
Gateway; and of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Reconciliation Act of
1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from
that Account; of the total, not to exceed $150,000 shall be
available for payment for rental space in connection with
preclearance operations, and not to exceed $4,000,000 shall
be available until expended for research and not to exceed
$1,000,000 shall be available until expended for conducting
special operations pursuant to 19 U.S.C. 2081 and up to
$6,000,000 shall be available until expended for the
procurement of automation infrastructure items, including
hardware, software, and installation: Provided, That uniforms
may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That the United States Custom Service shall implement the
General Aviation Telephonic Entry program within 30 days of
enactment of this Act: Provided further, That no funds
available for separation incentive payments as authorized by
section 663 of this Act may be obligated without the advance
approval of the House and Senate Committees on
Appropriations: Provided further, That the Spirit of St.
Louis Airport in St. Louis County, Missouri, shall be
designated a port of entry: Provided further, That no funds
under this Act may be used to provide less than 30 days
public notice for any change in apparel regulations: Provided
further, That $750,000 shall be available for additional
part-time and temporary positions in the Honolulu Customs
District: Provided further, That of the funds appropriated
$2,500,000 may be made available for the Western Hemisphere
Trade Center authorized by Public Law 103-182.
operation and maintenance, air and marine interdiction programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and
other related equipment of the Air and Marine Programs,
including operational training and mission-related travel,
and rental payments for facilities occupied by the air or
marine interdiction and demand reduction programs, the
operations of which include: the interdiction of narcotics
and other goods; the provision of support to Customs and
other Federal, State, and local agencies in the enforcement
or administration of laws enforced by the Customs Service;
and, at the discretion of the Commissioner of Customs, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts;
$83,363,000, which shall remain available until expended:
Provided, That no aircraft or other related equipment, with
the exception of aircraft which is one of a kind and has been
identified as excess to Customs requirements and aircraft
which has been damaged beyond repair, shall be transferred to
any other Federal agency, Department, or office outside of
the Department of the Treasury, during fiscal year 1997
without the prior approval of the House and Senate Committees
on Appropriations.
customs services at small airports
(to be derived from fees collected)
Such sums as may be necessary for expenses for the
provision of Customs services at certain small airports or
other facilities when authorized by law and designated by the
Secretary of the Treasury, including expenditures for the
salary and expenses of individuals employed to provide such
services, to be derived from fees collected by the Secretary
pursuant to section 236 of Public Law 98-573 for each of
these airports or other facilities when authorized by law and
designated by the Secretary, and to remain available until
expended.
harbor maintenance fee collection
For administrative expenses related to the collection of
the Harbor Maintenance Fee, pursuant to Public Law 103-182,
$3,000,000, to be derived from the Harbor Maintenance Trust
Fund and to be transferred to and merged with the Customs
``Salaries and Expenses'' account for such purposes.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt
issues of the United States; $169,735,000: Provided, That the
sum appropriated herein from the General Fund for fiscal year
1997 shall be reduced by not more than $4,400,000 as
definitive security issue fees and Treasury Direct Investor
Account Maintenance fees are collected, so as to result in a
final fiscal year 1997 appropriation from the General Fund
estimated at $165,335,000.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service, not
otherwise provided for; including processing tax returns;
revenue accounting; providing assistance to taxpayers,
management services, and inspection; including purchase (not
to exceed 150 for replacement only for police-type use) and
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $1,779,840,000, of which
up to $3,700,000 shall be for the Tax Counseling for the
Elderly Program, and of which not to exceed $25,000 shall be
for official reception and representation expenses.
tax law enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; tax and
enforcement litigation; technical rulings; examining employee
plans and exempt organizations; investigation and enforcement
activities; securing unfiled tax returns; collecting unpaid
accounts; statistics of income and compliance research; the
purchase (for police-type use, not to exceed 850), and hire
of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner $4,104,211,000, of which not
to exceed $1,000,000 shall remain available until September
30, 1999, for research.
information systems
For necessary expenses for data processing and
telecommunications support for Internal Revenue Service
activities, including tax systems modernization and
operational information systems; the hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $1,323,075,000, of which no less than
$130,075,000 shall be available for Tax Systems Modernization
(TSM) development and deployment which shall be available
until September 30, 1999, and of which no less than
$206,200,000 shall be available for TSM Operational Systems:
Provided, That none of the funds made available for TSM
Operational Systems shall be available after July 31, 1997,
unless the Department of the Treasury has prepared a Request
for Proposal which could be used as a base for a solicitation
of a contract with an alternative or new Prime Contractor to
manage, integrate, test and implement the TSM program:
Provided further, That all activities associated with the
development of a request for proposal, contract solicitation,
and contract award for private sector assistance on TSM (both
operational systems and development and deployment systems),
beyond private sector assistance which is currently under
contract, shall be conducted by the Department of the
Treasury's Modernization Management Board: Provided further,
That the Internal Revenue Service determines that it is
unable to meet deadlines established herein, the Secretary of
the Treasury shall notify the Committees on Appropriations of
the House and the Senate of the delay: Provided further, That
the Internal Revenue Service shall submit, by February 1,
1997, a timetable for implementing, by October 1, 1997,
recommendations made by the General Accounting Office in its
July 1995 report, entitled: ``Tax Systems Modernization:
Management and Technical Weaknesses Must Be Corrected If
Modernization Is To Succeed'': Provided further, That the
Internal Revenue Service shall submit, by December 1, 1996, a
schedule to transfer, not later than July 31, 1997, a
majority of Tax Systems Modernization development,
deployment, management, integration, and testing, from the
Internal Revenue Service to the private sector.
information systems
(Rescission)
Of the funds made available under this heading for
Information Systems in Public Law 104-52, $115,000,000 are
rescinded, in Public Law 103-123, $17,447,000 are rescinded,
in Public Law 102-393, $15,000,000 are rescinded, and in
Public Law 102-141, $27,000,000 are rescinded.
administrative provisions--internal revenue service
Section 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the House and
Senate Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a
training program to insure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 103. The funds provided in this Act for the Internal
Revenue Service shall be used to provide as a minimum, the
fiscal year 1995 level of service, staffing, and funding for
Taxpayer Services.
Sec. 104. No funds available in this Act to the Internal
Revenue Service for separation incentive payments as
authorized by section 663 of this Act may be obligated
without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 105. The Internal Revenue Service (IRS) may proceed
with its field support reorganization in fiscal year 1997
after it submits its report, no earlier than March 1, 1997,
to the Committees on Appropriations of the House and Senate
only if the IRS maintains, in fiscal year 1997, the current
level of taxpayer service employees that work on cases
generated through walk in visits and telephone calls to IRS
offices.
Sec. 106. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line for taxpayers. The Commissioner
shall make the improvement of the IRS 1-800 help line service
a priority and allocate resources necessary to increase phone
lines and staff to improve the IRS 1-800 help line service.
Sec. 107. No funds made available by this Act, or any other
Act, to the Internal Revenue Service may be used to pay for
the design and printing of more than two ink col
[[Page 2562]]
ors on the covers of income tax packages, and such ink colors
must be the same colors as used to print the balance of the
material in each package.
Sec. 108. Notwithstanding any other provision of law, no
field support reorganization of the Internal Revenue Service
shall be undertaken in Aberdeen, South Dakota until the
Internal Revenue Service toll-free help phone line assistance
program reaches at least an 80 percent service level. The
Commissioner shall submit to Congress a report and the GAO
shall certify to Congress that the 80 percent service level
has been met.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase (not to exceed 702 vehicles for police-
type use, of which 665 shall be for replacement only), and
hire of passenger motor vehicles; hire of aircraft; training
and assistance requested by State and local governments,
which may be provided without reimbursement; services of
expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control, as may be necessary to perform protective functions;
for payment of per diem and/or subsistence allowances to
employees where a protective assignment during the actual day
or days of the visit of a protectee require an employee to
work 16 hours per day or to remain overnight at his or her
post of duty; the conducting of and participating in firearms
matches; presentation of awards; and for travel of Secret
Service employees on protective missions without regard to
the limitations on such expenditures in this or any other
Act: Provided, That approval is obtained in advance from the
House and Senate Committees on Appropriations; for repairs,
alterations, and minor construction at the James J. Rowley
Secret Service Training Center; for research and development;
for making grants to conduct behavioral research in support
of protective research and operations; not to exceed $20,000
for official reception and representation expenses; not to
exceed $50,000 to provide technical assistance and equipment
to foreign law enforcement organizations in counterfeit
investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective
functions; and for uniforms without regard to the general
purchase price limitation for the current fiscal year:
Provided further, That 3 U.S.C. 203(a) is amended by deleting
``but not exceeding twelve hundred in number''; $528,262,000,
of which $1,200,000 shall be available as a grant for
activities related to the investigations of missing and
exploited children and shall remain available until expended.
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 104-52, $7,600,000 are rescinded.
acquisition, construction, improvement, and related expenses
(including transfer of funds)
For necessary expenses of construction, repair, alteration,
and improvement of facilities, $37,365,000, of which
$8,200,000 shall be available for the Rowley Secret Service
Training Center, to remain available until expended:
Provided, That funds previously provided under the title,
``Treasury Buildings and Annex Repair and Restoration,'' for
the Secret Service's Headquarters Building, shall be
transferred to this account: Provided further, That funds for
the Rowley Secret Service Training Center shall not be
available until a prospectus authorizing such facilities is
approved in accordance with the Public Buildings Act of 1959,
as amended, except that funds may be expended for required
expenses in connection with the development of a proposed
prospectus.
General Provisions--Department of the Treasury
Section 111. Any obligation or expenditure by the Secretary
in connection with law enforcement activities of a Federal
agency or a Department of the Treasury law enforcement
organization in accordance with 31 U.S.C. 9703(g)(4)(B) from
unobligated balances remaining in the Fund on September 30,
1997, shall be made in compliance with the reprogramming
guidelines contained in the House and Senate reports
accompanying this Act.
Sec. 112. Appropriations to the Treasury Department in this
Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official
motor vehicles operated in foreign countries; purchase of
motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 113. None of the funds appropriated by this title
shall be used in connection with the collection of any
underpayment of any tax imposed by the Internal Revenue Code
of 1986 unless the conduct of officers and employees of the
Internal Revenue Service in connection with such collection,
including any private sector employees under contract to the
Internal Revenue Service, complies with subsection (a) of
section 805 (relating to communications in connection with
debt collection), and section 806 (relating to harassment or
abuse), of the Fair Debt Collection Practices Act (15 U.S.C.
1692).
Sec. 114. The Internal Revenue Service shall institute
policies and procedures which will safeguard the
confidentiality of taxpayer information.
Sec. 115. The funds provided to the Bureau of Alcohol
Tobacco and Firearms for fiscal year 1997 in this Act for the
enforcement of the Federal Alcohol Administration Act shall
be expended in a manner so as not to diminish enforcement
efforts with respect to section 105 of the Federal Alcohol
Administration Act.
Sec. 116. Paragraph (3)(C) of section 9703(g) of title 31,
United States Code, is amended--
(1) by striking in the third sentence ``and at the end of
each fiscal year thereafter'';
(2) by inserting in lieu thereof ``1994, 1995, and 1996'';
and
(3) by adding at the end the following new sentence: ``At
the end of fiscal year 1997, and at the end of each fiscal
year thereafter, the Secretary shall reserve any amounts that
are required to be retained in the Fund to ensure the
availability of amounts in the subsequent fiscal year for
purposes authorized under subsection (a).''
Sec. 117. Of the funds available to the Internal Revenue
Service, $13,000,000 shall be made available to continue the
private sector debt collection program which was initiated in
fiscal year 1996 and $13,000,000 shall be transferred to the
Departmental Offices appropriation to initiate a new private
sector debt collection program: Provided, That the transfer
provided herein shall be in addition to any other transfer
authority contained in this Act.
Sec. 118. Section 923(j) of title 18, United States Code,
is amended by striking the period after the last sentence,
and inserting the following: ``, including the right of a
licensee to conduct `curios or relics' firearms transfers and
business away from their business premises with another
licensee without regard as to whether the location of where
the business is conducted is located in the State specified
on the license of either licensee.''.
This title may be cited as the ``Treasury Department
Appropriations Act, 1997''.
TITLE II--POSTAL SERVICE
Payments to the Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$85,080,000: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further,
That 6-day delivery and rural delivery of mail shall continue
at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of
charging any officer or employee of any State or local child
support enforcement agency, or any individual participating
in a State or local program of child support enforcement, a
fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in the
fiscal year ending on September 30, 1997.
payment to the postal service fund for nonfunded liabilities
For payment to the Postal Service Fund for meeting the
liabilities of the former Post Office Department to the
Employees' Compensation Fund pursuant to 39 United States
Code 2004, $35,536,000.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED
TO THE PRESIDENT
Compensation of the President and
the White House Office
compensation of the president
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $250,000: Provided, That none of the funds made
available for official expenses shall be expended for any
other purpose and any unused amount shall revert to the
Treasury pursuant to section 1552 of title 31, United States
Code: Provided further, That none of the funds made available
for official expenses shall be considered as taxable to the
President.
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; including
subsistence expenses as authorized by 3 U.S.C. 105, which
shall be expended and accounted for as provided in that
section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); not to exceed $19,000 for official entertainment
expenses, to be available for allocation within the Executive
Office of the President; $40,193,000: Provided, That $420,000
of the funds appropriated may not be obligated until the
Director of the Office of Administration has submitted, and
the Committees on Appropriations of the House and Senate have
approved, a report that identifies, evaluates, and
prioritizes all computer systems investments planned for
fiscal year 1997, a
[[Page 2563]]
milestone schedule for the development and implementation of
all projects included in the systems investment plan, and a
systems architecture plan.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating and lighting, including
electric power and fixtures, of the Executive Residence at
the White House and official entertainment expenses of the
President, $7,827,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109-110, 112-114.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions, services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles; $3,280,000: Provided, That $150,000
of the funds appropriated may not be obligated until the
Director of the Office of Administration has submitted, and
the Committees on Appropriations of the House and Senate have
approved, a report that identifies, evaluates, and
prioritizes all computer systems investments planned for
fiscal year 1997, a milestone schedule for the development
and implementation of all projects included in the systems
investment plan, and a systems architecture plan.
operating expenses
For the care, operation, refurnishing, improvement, heating
and lighting, including electric power and fixtures, of the
official residence of the Vice President, the hire of
passenger motor vehicles, and not to exceed $90,000 for
official entertainment expenses of the Vice President, to be
accounted for solely on his certificate; $324,000: Provided,
That advances or repayments or transfers from this
appropriation may be made to any department or agency for
expenses of carrying out such activities: Provided further,
That $8,000 of the funds appropriated may not be obligated
until the Director of the Office of Administration has
submitted for approval to the Committees on Appropriations of
the House and Senate a report that identifies, evaluates, and
prioritizes all computer systems investments planned for
fiscal year 1997, a milestone schedule for the development
and implementation of all projects included in the systems
investment plan, and a systems architecture plan.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council in carrying out its
functions under the Employment Act of 1946 (15 U.S.C. 1021),
$3,439,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109, and 3
U.S.C. 107; $3,867,000: Provided, That $45,000 of the funds
appropriated may not be obligated until the Director of the
Office of Administration has submitted, and the Committees on
Appropriations of the House and Senate have approved, a
report that identifies, evaluates, and prioritizes all
computer systems investments planned for fiscal year 1997, a
milestone schedule for the development and implementation of
all projects included in the systems investment plan, and a
systems architecture plan.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109,
$6,648,000: Provided, That $3,000 of the funds appropriated
may not be obligated until the Director of the Office of
Administration has submitted, and the Committees on
Appropriations of the House and Senate have approved, a
report that identifies, evaluates, and prioritizes all
computer systems investments planned for fiscal year 1997, a
milestone schedule for the development and implementation of
all projects included in the systems investment plan, and a
systems architecture plan.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
$26,100,000, including services as authorized by 5 U.S.C.
3109 and 3 U.S.C. 107, and hire of passenger motor vehicles:
Provided, That $340,700 of the funds appropriated may not be
obligated until the Director of the Office of Administration
has submitted, and the Committees on Appropriations of the
House and Senate have approved, a report that identifies,
evaluates, and prioritizes all computer systems investments
planned for fiscal year 1997, a milestone schedule for the
development and implementation of all projects included in
the systems investment plan, and a systems architecture plan.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, $55,573,000, of which not to
exceed $5,000,000 shall be available to carry out the
provisions of 44 U.S.C. chapter 35: Provided, That, as
provided in 31 U.S.C. 1301(a), appropriations shall be
applied only to the objects for which appropriations were
made except as otherwise provided by law: Provided further,
That none of the funds appropriated in this Act for the
Office of Management and Budget may be used for the purpose
of reviewing any agricultural marketing orders or any
activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the House and
Senate Committees on Appropriations or the House and Senate
Committees on Veterans' Affairs or their subcommittees:
Provided further, That this proviso shall not apply to
printed hearings released by the House and Senate Committees
on Appropriations or the House and Senate Committees on
Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to title I
of Public Law 100-690; not to exceed $8,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement;
$35,838,000, of which $19,000,000 shall remain available
until expended, consisting of $1,000,000 for policy research
and evaluation and $18,000,000 for the Counter-Drug
Technology Assessment Center for counternarcotics research
and development projects of which $1,000,000 shall be
obligated for state conferences on model state drug laws:
Provided, That the $17,000,000 for the Counter-Drug
Technology Assessment Center shall be available for transfer
to other Federal departments or agencies: Provided further,
That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, for the purpose of
aiding or facilitating the work of the Office: Provided
further, That not before January 31, 1997, the Director of
the Office of National Drug Control Policy shall transfer all
balances in the Special Forfeiture Fund established by
section 6073 of the Anti-Drug Abuse Act of 1988 (21 U.S.C.
Sec. 1509) to the Treasury Forfeiture Fund (31 U.S.C.
9703(a)).
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $127,102,000 for drug control activities consistent
with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas, of which $3,000,000 shall
be used for a newly designated High Intensity Drug
Trafficking Area in Lake County, Indiana; of which $6,000,000
shall be used for a newly designated High Intensity Drug
Trafficking Area for the Gulf Coast States of Louisiana,
Alabama, and Mississippi; of which $8,000,000 shall be used
for a newly designated High Intensity Drug Trafficking Area
dedicated to combating methamphetamine use, production and
trafficking in a five State area including Iowa, Missouri,
Nebraska, South Dakota, and Kansas; of which $3,000,000 shall
be used for a newly designated High Intensity Drug
Trafficking Area in the State of Colorado; of which
$3,000,000 shall be used for a newly designated High
Intensity Drug Trafficking Area in the Pacific Northwest; of
the total amount appropriated, including transferred funds,
no less than $71,000,000 shall be transferred to State and
local entities for drug control activities, and up to
$69,207,000 may be transferred to Federal agencies and
departments at a rate to be determined by the Director:
Provided, That the funds made available under this head shall
be obligated within 90 days of the date of enactment of this
Act.
This title may be cited as the ``Executive Office
Appropriations Act, 1997''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by the
Act of June 23, 1971, Public Law 92-28; $1,800,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, as amended,
$28,165,000, of which no less than $2,500,000 shall be
available for internal automated data processing systems, and
of which not to exceed $5,000 shall be available for
reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services as authorized by 5 U.S.C. 3109,
including hire of experts and consultants, hire of passenger
motor vehicles, rental of conference rooms in the Dis
[[Page 2564]]
trict of Columbia and elsewhere; $21,588,000: Provided, That
public members of the Federal Service Impasses Panel may be
paid travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with
this account, to be available without further appropriation
for the costs of carrying out these conferences.
General Services Administration
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For additional expenses necessary to carry out the purpose
of the Fund established pursuant to section 210(f) of the
Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 490(f)), $400,544,000, to be deposited
into said Fund. The revenues and collections deposited into
the Fund shall be available for necessary expenses of real
property management and related activities not otherwise
provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally
owned buildings including grounds, approaches and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, taxes, and any other
obligations for public buildings acquired by installment
purchase and purchase contract, in the aggregate amount of
$5,555,544,000 of which (1) not to exceed $657,711,000 shall
remain available until expended for construction of
additional projects and at maximum construction improvement
costs (including funds for sites and expenses and associated
design and construction services) as follows:
New Construction:
California:
Fresno, Federal Building and U.S. Courthouse, $6,595,000
Colorado:
Denver, Rogers Federal Building-U.S. Courthouse, $9,545,000
District of Columbia:
U.S. Courthouse Annex, $5,703,000
Florida:
Miami, U.S. Courthouse, $24,990,000
Orlando, U.S. Courthouse, $9,514,000
Kentucky:
Covington, U.S. Courthouse, $17,134,000
London, U.S. Courthouse, $13,732,000
Montana:
Babb, Piegan Border Station, $333,000
Sweetgrass, Border Station, $1,059,000
Nevada:
Las Vegas, U.S. Courthouse, $83,719,000
New York:
Brooklyn, U.S. Courthouse, $169,000,000
Ohio:
Cleveland, U.S. Courthouse, $128,559,000
Youngstown, U.S. Courthouse, $15,813,000
Oregon:
Portland, Consolidated Law Federal Office Building,
$4,750,000
Pennsylvania:
Erie, U.S. Courthouse Annex, $3,300,000
Philadelphia, DVA-Federal Complex, Phase II, $13,765,000
South Carolina:
Columbia, U.S. Courthouse Annex, $43,848,000
Texas:
Corpus Christi, U.S. Courthouse, $24,161,000
Utah:
Salt Lake City, Moss U.S. Courthouse Annex and Alteration,
$11,474,000
Washington:
Blaine, U.S. Border Station, $13,978,000
Oroville, U.S. Border Station, $1,452,000
Seattle, U.S. Courthouse, $16,853,000
Sumas, U.S. Border Station (Claim), $1,177,000
Nationwide:
Non-prospectus construction projects, $10,000,000
Security Enhancements, $27,256,000:
Provided, That each of the immediately foregoing limits of
costs on new construction projects may be exceeded to the
extent that savings are affected in other such projects, but
not to exceed 10 percent unless advance approval is obtained
from the House and Senate Committees on Appropriations of a
greater amount: Provided further, That the cost of future
U.S. Courthouse annex projects shall reflect savings through
improving design efficiencies, curtailing planned interior
finishes, requiring more efficient use of courtroom and
library space, and by otherwise limiting space requirements:
Provided further, That from funds available in the Federal
Buildings Fund, $20,000,000 shall be available until expended
for environmental clean up activities at the Southeast
Federal Center in the District of Columbia and $81,000,000
shall be available until expended for design and construction
activities at the Consolidated Law Federal Office Building in
Portland, Oregon: Provided further, That from funds available
for non-prospectus construction projects, $250,000 may be
available until expended for the acquisition, lease,
construction, and equipping of flexiplace work telecommuting
centers in West Virginia: Provided further, That all funds
for direct construction projects shall expire on September
30, 1999: (2) not to exceed $639,000,000 shall remain
available until expended, for repairs and alterations which
includes associated design and construction services:
Provided further, That funds in the Federal Buildings Fund
for Repairs and Alterations shall, for prospectus projects,
be limited to the amount by project as follows, except each
project may be increased by an amount not to exceed 10 per
centum unless advance approval is obtained from the
Committees on Appropriations of the House and Senate of a
greater amount:
Repairs and alterations:
District of Columbia:
Ariel Rios Building, $62,740,000
Justice Department, Phase 1 of 3, $50,000,000
Lafayette Building, $5,166,000
Hawaii:
Honolulu, Prince Jonah Kuhio Kalanianaole Federal Building
and U.S. Courthouse, $4,140,000
Illinois:
Chicago, Everett M. Dirksen Federal Building, $18,844,000
Chicago, John C. Kluczynski, Jr. Federal Building (IRS),
$13,414,000
Louisiana:
New Orleans, Customhouse, $3,500,000
Maryland:
Montgomery County, White Oak environmental clean up
activities, $10,000,000
Massachusetts:
Andover, IRS Regional Service Center, $812,000
New Hampshire:
Concord, J.C. Cleveland Federal Building, $8,251,000
New Jersey:
Camden, U.S. Post Office-Courthouse $11,096,000
New York:
Albany, James T. Foley Post Office-Courthouse, $3,880,000
Brookhaven, IRS Service Center, $2,272,000
New York, Jacob K. Javits Federal Building, $13,651,000
Pennsylvania:
Scranton, Federal Building-U.S. Courthouse, $10,610,000
Rhode Island:
Providence, Federal Building-U.S. Courthouse, $8,209,000
Texas:
Fort Worth, Federal Center, $11,259,000
Nationwide:
Chlorofluorocarbons Program, $23,456,000
Elevator Program, $10,000,000
Energy Program, $20,000,000
Security Enhancements, various buildings, $2,700,000
Basic Repairs and Alterations, $345,000,000:
Provided further, That additional projects for which
prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations of the House and Senate:
Provided further, That the amounts provided in this or any
prior Act for Repairs and Alterations may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That
funds in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the
originally authorized amount, except each project may be
increased by an amount not to exceed 10 percent when advance
approval is obtained from the Committees on Appropriations of
the House and Senate of a greater amount: Provided further,
That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ``Repairs and Alterations'', may be transferred to
Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That from
funds made available for Basic Repairs and Alterations,
$8,000,000 shall be made available for renovation of the
Agricultural Research Service Laboratory in Ames, Iowa, which
is currently occupied by the Animal and Plant Health
Inspection Service: Provided further, That from funds made
available for Basic Repairs and Alterations, $1,450,000 may
be available for the renovation of the Pioneer Courthouse
located at 520 SW Morrison, in Portland, Oregon: Provided
further, That from funds made available for Basic Repairs and
Alterations, $6,000,000 shall be used for necessary expenses
associated with ongoing construction of the U.S. Courthouse
in Montgomery, Alabama: Provided further, That from funds
made available for Basic Repairs and Alterations, $100,000
shall be transferred to the National Park Service
``Construction'' appropriation for restoration and
maintenance of the multi-purpose field at Wallenberg Place in
Washington, DC: Provided further, That all funds for repairs
and alterations prospectus projects shall expire on September
30, 1999, and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such
date: Provided further, That the amount provided in this or
any prior Act for
[[Page 2565]]
Basic Repairs and Alterations may be used to pay claims
against the Government arising from any projects under the
heading ``Repairs and Alterations'' or used to fund
authorized increases in prospectus projects: Provided
further, That $5,700,000 of the funds provided under this
heading in Public Law 103-329, for the IRS Service Center,
Holtsville, New York, shall be available until September 30,
1998; (3) not to exceed $173,075,000 for installment
acquisition payments including payments on purchase contracts
which shall remain available until expended: Provided
further, That up to $1,500,000 shall be available for a
design prospectus of the Federal Building and U.S. Courthouse
located at 811 Grand Avenue in Kansas City, Missouri; (4) not
to exceed $2,343,795,000 for rental of space which shall
remain available until expended; and (5) not to exceed
$1,552,651,000 for building operations which shall remain
available until expended and of which $8,000,000 shall be
transferred to the ``Policy and Operations'' appropriation:
Provided further, That funds available to the General
Services Administration shall not be available for expenses
in connection with any construction, repair, alteration, and
acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for
each project for required expenses in connection with the
development of a proposed prospectus: Provided further, That
the Administrator of General Services shall, at the earliest
practicable date, initiate discussions with the Smithsonian
Institution on the feasibility of transferring Federal
Building 10B located at 600 Independence Avenue SW.,
Washington, DC to the Smithsonian Institution at such price
and under such terms and conditions as determined appropriate
by the Administrator and subject to the prior approval of the
appropriate authorizing and appropriations committees of the
Congress: Provided further, That funds provided in this Act
under the heading ``Security Enhancements, various
buildings'' may be used, by project in accordance with an
approved prospectus: Provided further, That the Administrator
is authorized in fiscal year 1997 and thereafter, to enter
into and perform such leases, contracts, or other
transactions with any agency or instrumentality of the United
States, the several States, or the District of Columbia, or
with any person, firm, association, or corporation, as may be
necessary to implement the trade center plan at the Federal
Triangle Project and is hereby granted all the rights and
authorities of the former Pennsylvania Avenue Development
Corporation (PADC) with regard to property transferred from
the PADC to the General Services Administration in fiscal
year 1996: Provided further, That notwithstanding any other
provision of law, the Administrator of General Services is
hereby authorized to use all funds transferred from the PADC
or income earned on PADC properties for activities associated
with carrying out the responsibilities of the PADC
transferred to the Administrator of General Services and that
any such income earned on or after April 1, 1996, shall be
deposited to the Pennsylvania Avenue Activities account and
shall remain available until expended: Provided further, That
any funds or income as may be deemed by the Administrator as
excess to the amount needed to fulfill the PADC
responsibilities transferred to the Administrator of General
Services, shall be applied to any outstanding debt, with the
exception of debt associated with the Ronald Reagan Building
and International Trade Center, incurred by the PADC in the
course of acquiring real estate: Provided further, That with
respect to real property transferred from the PADC to the
General Services Administration pursuant to section 313 of
Public Law 104-134, Title III, General Provisions, the
Administrator of General Services is hereafter authorized and
directed to make payments required by section 10(b) of the
PADC Act of 1972, Public Law 92-578 in the same manner as
previously paid by the PADC: Provided further, That for the
purposes of this authorization, buildings constructed
pursuant to the purchase contract authority of the Public
Buildings Amendments of 1972 (40 U.S.C. 602a), buildings
occupied pursuant to installment purchase contracts, and
buildings under the control of another department or agency
where alterations of such buildings are required in
connection with the moving of such other department or agency
from buildings then, or thereafter to be, under the control
of the General Services Administration shall be considered to
be federally owned buildings: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations of the House and Senate:
Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section
210(f)(6) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to
provide such reimbursable fencing, lighting, guard booths,
and other facilities on private or other property not in
Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, as amended,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 1997, excluding
reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)(6)) in excess of $5,555,544,000 shall remain in the
Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and oversight activities
associated with asset management activities; utilization and
donation of surplus personal property; transportation
management activities; procurement and supply management
activities; Government-wide and internal responsibilities
relating to automated data management, telecommunications,
information resources management, and related technology
activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use
planning functions pertaining to excess and surplus real
property; agency-wide policy direction; Board of Contract
Appeals; accounting, records management, and other support
services incident to adjudication of Indian Tribal Claims by
the United States Court of Federal Claims; services as
authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses; $110,173,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $33,863,000:
Provided, That not to exceed $5,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$2,180,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
expenses, presidential transition
For expenses necessary to carry out the Presidential
Transition Act of 1963, as amended (3 U.S.C. 102 note),
$5,600,000.
general provisions--general services administration
Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep,
repair, and improvement, included as part of rentals received
from Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 1997 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House and Senate.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 1998 request for United States
Courthouse construction that does not meet the design guide
standards for construction as established by the General
Services Administration, the Judicial Conference of the
United States, and the Office of Management and Budget and
does not reflect the priorities of the Judicial Conference of
the United States as set out in its approved 5-year
construction plan: Provided, That the request must be
accompanied by a standardized courtroom utilization study of
each facility to be replaced or expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency which does not pay the requested rate per
square foot assessment for space and services as determined
by the General Services Administration in compliance with the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. The Administrator of the General Services is
directed to ensure that the materials used for the facade on
the United States Courthouse Annex, Savannah, Georgia project
are compatible with the existing Savannah Federal Building-
U.S. Courthouse facade, in order to ensure compatibility of
this new facility with the Savannah historic district and to
ensure that the Annex will not endanger the National Landmark
status of the Savannah historic district.
Sec. 407. (a) Section 210 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490) is
amended by adding at the end the following new subsection:
``(l)(1) The Administrator may establish, acquire space
for, and equip flexiplace work telecommuting centers (in this
subsection referred to as `telecommuting centers') for use by
employees of Federal agencies, State and local governments,
and the private sector in accordance with this subsection.
``(2) The Administrator may make any telecommuting center
available for use by individuals who are not Federal
employees to the extent the center is not being fully
[[Page 2566]]
utilized by Federal employees. The Administrator shall give
Federal employees priority in using the telecommuting
centers.
``(3)(A) The Administrator shall charge user fees for the
use of any telecommuting center. The amount of the user fee
shall approximate commercial charges for comparable space and
services except that in no instance shall such fee be less
than that necessary to pay the cost of establishing and
operating the center, including the reasonable cost of
renovation and replacement of furniture, fixtures, and
equipment.
``(B) Amounts received by the Administrator after September
30, 1993, as user fees for use of any telecommuting center
may be deposited into the Fund established under subsection
(f) of this section and may be used by the Administrator to
pay costs incurred in the establishment and operation of the
center.
``(4) The Administrator may provide guidance, assistance,
and oversight to any person regarding establishment and
operation of alternative workplace arrangements, such as
telecommuting, hoteling, virtual offices, and other
distributive work arrangements.
``(5) In considering whether to acquire any space,
quarters, buildings, or other facilities for use by employees
of any executive agency, the head of that agency shall
consider whether the need for the facilities can be met using
alternative workplace arrangements referred to in paragraph
(4).''.
(b) Section 13 of the Public Building Act of 1959, as
amended, (107 Stat. 438; 40 U.S.C. 612) is amended--
(1) by striking ``(xi)'' and inserting in lieu thereof
``(xii)''; and
(2) by striking ``and (x)'' and inserting in lieu thereof
``(x) telecommuting centers and (xi)''.
Sec. 408. Notwithstanding any other provision of law, the
Administrator of General Services is authorized and directed
to acquire the land bounded by S.W. First Avenue, S.W. Second
Avenue, S.W. Main Street, and S.W. Madison Street, Portland,
Oregon, for the purposes of constructing the proposed Law
Enforcement Center on the site.
Sec. 409. Section 2815 of Public Law 103-160, relating to
the conveyance of real property at the Iowa Army Ammunition
Plant, is amended--
(1) in subsection (a), by striking ``may convey to'' and
inserting ``shall convey, without reimbursement and if
requested by,''; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Use of Water and Sewer Lines.--As part of the
conveyance under subsection (a), the Secretary shall permit
the City to use existing water and sewer lines and sewage
system at the Iowa Army Ammunition Plant for a three-year
period beginning on the date of the conveyance.''.
Sec. 410. (a) Conveyance of Land.--
(1) Administrator of general services.--Subject to
subsections (b) and (c), the Administrator of General
Services (hereinafter in this section referred to as the
``Administrator'') shall convey, without compensation, to a
nonprofit organization known as the ``Beaver County
Corporation for Economic Development'' all right, title, and
interest of the United States in and to those pieces or
parcels of land in Hopewell Township, Pennsylvania, described
in subsection (b), together with all improvements thereon and
appurtenances thereto. The purpose of the conveyance is to
provide a site for economic development in Hopewell Township.
(2) Property description.--The land referred to in
paragraph (1) is the parcel of land in the township of
Hopewell, county of Beaver, Pennsylvania, bounded and
described as follows:
(A) Beginning at the southwest corner at a point common to
Lot No. 1, same plan, lands now or formerly of Frank and
Catherine Wutter, and the easterly right-of-way line of
Pennsylvania Legislative Route No. 60 (Beaver Valley
Expressway); thence proceeding by the easterly right-of-way
of Pennsylvania Legislative Route No. 60 by the following
three courses and distances:
(i) North 17 degrees, 14 minutes, 20 seconds West, 213.10
feet to a point.
(ii) North 72 degrees, 45 minutes, 40 seconds East, 30.00
feet to a point.
(iii) North 17 degrees, 14 minutes, 20 seconds West, 252.91
feet to a point; on a line dividing Lot No. 1 from the other
part of Lot No. 1, said part now called Lot No. 5, same plan;
thence by last mentioned dividing line, North 78 degrees, 00
minutes, 00 seconds East; 135.58 feet to a point, a cul-de-
sac on Industrial Drive; thence by said cul-de-sac and the
southerly side of Industrial Drive by the following courses
and distances:
(I) By a curve to the right having a radius of 100.00 feet
for an arc distance of 243.401 feet to a point.
(II) Thence by a curve to the right having a radius of
100.00 feet for an arc distance of 86.321 feet to a point.
(III) Thence by 78 degrees, 00 minutes, 00 seconds East,
777.78 feet to a point.
(IV) Thence, North 12 degrees, 00 minutes, 00 seconds West,
74.71 feet to a point.
(V) Thence by a curve to the right, having a radius of
50.00 feet for an arc distance of 78.54 feet to a point.
(VI) Thence North 78 degrees, 00 minutes, 00 seconds East,
81.24 feet to a point.
(VII) Thence by a curve to the right, having a radius of
415.00 feet for an arc distance of 140.64 feet to a point.
(VIII) Thence, South 82 degrees, 35 minutes, 01 second
East, 125.00 feet to a point.
(IX) Thence, South 7 degrees, 24 minutes, 59 seconds West,
5.00 feet to a point.
(X) Thence by a curve to the right, having a radius of
320.00 feet for an arc distance of 256.85 feet to a point.
(XI) Thence by a curve to the right having a radius of
50.00 feet for an arc distance of 44.18 feet to a point on
the northerly side of Airport Road.
(B) Thence by the northerly side thereof by the following:
(i) South 14 degrees, 01 minutes, 54 seconds, West, 56.94
feet to a point.
(ii) Thence by a curve to the right having a radius of
225.00 feet for an arc distance of 207.989 feet to a point.
(iii) Thence South 66 degrees, 59 minutes, 45 seconds West,
192.08 feet to a point on the southern boundary of Lot No. 1,
which line is also the line dividing Lot No. 1 from lands now
or formerly, of Frank and Catherine Wutter.
(C) Thence by the same, South 75 degrees, 01 minutes, 00
seconds West, 1,351.23 feet to a point at the place of
beginning.
(3) Date of conveyance.--The date of the conveyance of
property required under paragraph (1) shall be not later than
the 90th day following the date of the enactment of this Act.
(4) Conveyance terms.--
(A) Terms and conditions.--The conveyance of property
required under paragraph (1) shall be subject to such terms
and conditions as may be determined by the Administrator to
be necessary to safeguard the interests of the United States.
Such terms and conditions shall be consistent with the terms
and conditions set forth in this section.
(B) Quitclaim deed.--The conveyance of property required
under paragraph (1) shall be by quitclaim deed.
(b) Limitation on Conveyance.--No part of any land conveyed
under subsection (a) may be used, during the 30-year period
beginning on the date of conveyance for any purpose other
than economic development.
(c) Reversionary Interest.--
(1) In general.--The property conveyed under subsection (a)
shall revert to the United States on any date in the 30-year
period beginning on the date of such conveyance on which the
property is used for a purpose other than economic
development.
(2) Enforcing reversion.--The Administrator shall perform
all acts necessary to enforce any reversion of property to
the United States under this subsection.
(3) Inventory of public buildings service.--Property that
reverts to the United States under this subsection shall be
under the control of the General Services Administration.
Sec. 411. Notwithstanding any other provision of law, the
land contained in block 111 in the Federal District, Denver,
Colorado, obtained pursuant to paragraphs (6) and (7) of
section 12 of Public Law 94-204 (43 U.S.C. 1611 note) shall
not be subject to condemnation by any agency or
instrumentality of the Federal Government, without the
consent of the owner of that land.
John F. Kennedy Assassination Records Review Board
For necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $2,150,000.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $23,923,000, together with not to exceed
$2,430,000 for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives (including the
Information Security Oversight Office) and records and
related activities, as provided by law, and for expenses
necessary for the review and declassification of documents,
and for the hire of passenger motor vehicles, $196,963,000:
Provided, That the Archivist of the United States is
authorized to use any excess funds available from the amount
borrowed for construction of the National Archives facility,
for expenses necessary to move into the facility.
Archives Facilities and Presidential Libraries
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and presidential libraries, and to provide
adequate storage for holdings, $16,229,000 to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $5,000,000 to remain available until
expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended by Public Law 100-598, and
[[Page 2567]]
the Ethics Reform Act of 1989, Public Law 101-194, including
services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of
passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses; $8,078,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight
at his or her post of duty; $87,076,000, of which not to
exceed $1,000,000 shall be available for the establishment of
health promotion and disease prevention programs for Federal
employees; and in addition $94,736,000 for administrative
expenses, to be transferred from the appropriate trust funds
of the Office of Personnel Management without regard to other
statutes, including direct procurement of printing materials
for annuitants, for the retirement and insurance programs,
of which $3,500,000 shall be transferred at such times as the
Office of Personnel Management deems appropriate, and shall
remain available until expended for the costs of automating
the retirement recordkeeping systems, together with remaining
amounts authorized in previous Acts for the recordkeeping
systems: Provided, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by section 8348(a)(1)(B) of title 5, United
States Code: Provided further, That, except as may be
consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment may
be made from the Employees Health Benefits Fund to any
physician, hospital, or other provider of health care
services or supplies who is, at the time such services or
supplies are provided to an individual covered under chapter
89 of title 5, United States Code, excluded, pursuant to
section 1128 or 1128A of the Social Security Act (42 U.S.C.
1320a-7-1320a-7a), from participation in any program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.): Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of the Office of Personnel Management
established pursuant to Executive Order 9358 of July 1, 1943,
or any successor unit of like purpose: Provided further, That
the President's Commission on White House Fellows,
established by Executive Order 11183 of October 3, 1964, may,
during the fiscal year ending September 30, 1997, accept
donations of money, property, and personal services in
connection with the development of a publicity brochure to
provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.
general provisions--office of personnel management
Sec. 421. The first sentence of section 1304(e)(1) of title
5, United States Code, is amended by inserting after
``basis'' the following ``, including personnel management
services performed at the request of individual agencies
(which would otherwise be the responsibility of such
agencies), or at the request of nonappropriated fund
instrumentalities''.
Sec. 422. Paragraph (1) of section 8906(e) of title 5,
United States Code, is amended--
(1) by striking the last sentence of that paragraph and
redesignating the remainder of that paragraph as (1)(A);
(2) by adding at the end of paragraph (1)(A) (as so
designated) the following:
``(B) During each pay period in which an enrollment
continues under subparagraph (A)--
``(i) employee and Government contributions required by
this section shall be paid on a current basis; and
``(ii) if necessary, the head of the employing agency shall
approve advance payment, recoverable in the same manner as
under section 5524a(c), of a portion of basic pay sufficient
to pay current employee contributions.
``(C) Each agency shall establish procedures for accepting
direct payments of employee contributions for the purposes of
this paragraph.''.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act,
as amended, including services as authorized by 5 U.S.C.
3109, hire of passenger motor vehicles, $960,000; and in
addition, not to exceed $8,645,000 for administrative
expenses to audit the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel
Management, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference
rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may
be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement
and Disability Fund, such sums as may be necessary: Provided,
That annuities authorized by the Act of May 29, 1944, as
amended, and the Act of August 19, 1950, as amended (33
U.S.C. 771-75), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12), Public Law 103-424, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103-353),
including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $8,116,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $33,781,000:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
This title may be cited as the ``Independent Agencies
Appropriations Act, 1997''.
TITLE V--GENERAL PROVISIONS
This Act
Section 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 503. Section 5131 of title 31, United States Code, is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
Sec. 504. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 505. None of the funds made available by this Act
shall be available for the purpose of transferring control
over the Federal Law Enforcement Training Center located at
Glynco, Georgia, and Artesia, New Mexico, out of the Treasury
Department.
Sec. 506. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not heretofore authorized by the Congress.
Sec. 507. No part of any appropriation contained in this
Act shall be available for the payment of the salary of any
officer or employee of the United States Postal Service,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any officer or employee of the United
States Postal Service from having any direct oral or written
communication or contact with any Member or committee of
Congress in connection with any matter pertaining to the
employment of such officer or employee or pertaining to the
United States Postal Service in any way, irrespective of
whether such communication or contact is at the initiative of
such officer or employee or in response to the request or
inquiry of such Member or committee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any officer or employee of the
United States Postal Service, or attempts or threatens to
commit any of the foregoing ac
[[Page 2568]]
tions with respect to such officer or employee, by reason of
any communication or contact of such officer or employee with
any Member or committee of Congress as described in paragraph
(1).
Sec. 508. The Office of Personnel Management may, during
the fiscal year ending September 30, 1997, accept donations
of supplies, services, land, and equipment for the Federal
Executive Institute and Management Development Centers to
assist in enhancing the quality of Federal management.
Sec. 509. The United States Secret Service may, during the
fiscal year ending September 30, 1997, and hereafter, accept
donations of money to offset costs incurred while protecting
former Presidents and spouses of former Presidents when the
former President or spouse travels for the purpose of making
an appearance or speech for a payment of money or any thing
of value.
Sec. 510. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 511. None of the funds made available in this Act may
be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside
of the Federal Government without the approval of the House
and Senate Committees on Appropriations.
Sec. 512. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 513. (a) Purchase of American-Made Equipment and
Products.--In the case of any equipment or products that may
be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving such assistance should, in expending the
assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of the
Treasury shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
Sec. 514. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 515. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 1997 from appropriations
made available for salaries and expenses for fiscal year 1997
in this Act, shall remain available through September 30,
1998, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the
expenditure of such funds.
Sec. 516. Where appropriations in this Act are expendable
for travel expenses of employees and no specific limitation
has been placed thereon, the expenditures for such travel
expenses may not exceed the amount set forth in the budget
estimates submitted for appropriations without the advance
approval of the House and Senate Committees on
Appropriations: Provided, That this section shall not apply
to travel performed by uncompensated officials of local
boards and appeal boards in the Selective Service System; to
travel performed directly in connection with care and
treatment of medical beneficiaries of the Department of
Veterans Affairs; to travel of the Office of Personnel
Management in carrying out its observation responsibilities
of the Voting Rights Act; or to payments to interagency motor
pools separately set forth in the budget schedules: Provided
further, That this provision does not apply to accounts that
do not contain an object identification for travel.
Sec. 517. Notwithstanding any other provision of law or
regulation during the fiscal year ending September 30, 1997,
and thereafter:
(1) The authority of the special police officers of the
Bureau of Engraving and Printing, in the Washington, DC
Metropolitan area, extends to buildings and land under the
custody and control of the Bureau; to buildings and land
acquired by or for the Bureau through lease, unless otherwise
provided by the acquisition agency; to the streets, sidewalks
and open areas immediately adjacent to the Bureau along
Wallenberg Place (15th Street) and 14th Street between
Independence and Maine Avenues and C and D Streets between
12th and 14th Streets; to areas which include surrounding
parking facilities used by Bureau employees, including the
lots at 12th and C Streets, SW, Maine Avenue and Water
Streets, SW, Maiden Lane, the Tidal Basin and East Potomac
Park; to the protection in transit of United States
securities, plates and dies used in the production of United
States securities, or other products or implements of the
Bureau of Engraving and Printing which the Director of that
agency so designates.
(2) The authority of the special police officers of the
United States Mint extends to the buildings and land under
the custody and control of the Mint; to the streets,
sidewalks and open areas in the vicinity to such facilities;
to surrounding parking facilities used by Mint employees; and
to the protection in transit of bullion, coins, dies, and
other property and assets of, or in the custody of, the Mint.
(3) The exercise of police authority by Bureau or Mint
officers, with the exception of the exercise of authority
upon property under the custody and control of the Bureau or
the Mint, respectively, shall be deemed supplementary to the
Federal police force with primary jurisdictional
responsibility. This authority shall be in addition to any
other law enforcement authority which has been provided to
these officers under other provisions of law or regulations.
Sec. 518. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefit program which provides any benefits
or coverage for abortions.
Sec. 519. The provision of section 518 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 520. No part of any appropriation made available in
this Act shall be used to implement Bureau of Alcohol,
Tobacco and Firearms Ruling TD ATF-360; Re: Notice Nos. 782,
780, 91F009P.
Sec. 521. Notwithstanding title 5, United States Code,
Personal Service Contractors (PSC) employed by the Department
of the Treasury shall be considered as Federal Government
employees for purposes of making available Federal employee
health and life insurance.
Sec. 522. Section 5131 of title 31, United States Code, is
amended by striking subsection (c); and by redesignating
subsection (d) as subsection (c).
Sec. 523. Section 5112(i)(4) of title 31, United States
Code, is amended by adding at the end the following new
subparagraph:
``(C) The Secretary may continue to mint and issue coins in
accordance with the specifications contained in paragraphs
(7), (8), (9), and (10) of subsection (a) and paragraph
(1)(A) of this subsection at the same time the Secretary in
minting and issuing other bullion and proof gold coins under
this subsection in accordance with such program procedures
and coin specifications, designs, varieties, quantities,
denominations, and inscriptions as the Secretary, in the
Secretary's discretion, may prescribe from time to time.'':
Provided, That profits generated from the sale of gold to the
United States Mint for this program shall be considered as a
receipt to be deposited into the General Fund of the
Treasury.
Sec. 524. Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(k) The Secretary may mint and issue bullion and proof
platinum coins in accordance with such specifications,
designs, varieties, quantities, denominations, and
inscriptions as the Secretary, in the Secretary's discretion,
may prescribe from time to time.'': Provided, That the
Secretary is authorized to use Government platinum reserves
stockpiled at the United States Mint as working inventory and
shall ensure that reserves utilized are replaced by the Mint.
Sec. 526. (a) Reimbursement of Certain Attorney Fees and
Costs.--
(1) In general.--The Secretary of the Treasury shall pay
from amounts appropriated in title I of this Act under the
heading, ``Departmental Offices, Salaries and Expenses'', up
to $500,000 to reimburse former employees of the White House
Travel Office whose employment in that Office was terminated
on May 19, 1993, for any attorney fees and costs they
incurred with respect to that termination.
(2) Verification required.--The Secretary shall pay an
individual in full under paragraph (1) upon submission by the
individual of documentation verifying the attorney fees and
costs.
(3) No inference of liability.--Liability of the United
States shall not be inferred from enactment of or payment
under this subsection.
(b) Limitation on Filing of Claims.--The Secretary of the
Treasury shall not pay any claim filed under this section
that is filed later than 120 days after the date of the
enactment of this Act.
(c) Limitation.--Payments under subsection (a) shall not
include attorney fees or costs incurred with respect to any
Congressional hearing or investigation into the termination
of employment of the former employees of the White House
Travel Office.
(d) Reduction.--The amount paid pursuant to this section to
an individual for attorney fees and costs described in
subsection (a) shall be reduced by any amount received before
the date of the enactment of this Act, without obligation for
repayment by the individual, for payment of such attorney
fees and costs (including any amount received from the funds
appropriated for the individual in the matter relating to the
``Office
[[Page 2569]]
of the General Counsel'' under the heading ``Office of the
Secretary'' in title I of the Department of Transportation
and Related Agencies Appropriations Act, 1994).
(e) Payment in Full Settlement of Claims Against the United
States.--Payment under this section, when accepted by an
individual described in subsection (a), shall be in full
satisfaction of all claims of, or on behalf of, the
individual against the United States that arose out of the
termination of the White House Travel Office employment of
that individual on May 19, 1993.
Sec. 527. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 528. (a) Closing of Alley.--The alley bisecting the
property on which a facility is being constructed for use by
the United States Government at 930 H Street, N.W.,
Washington, District of Columbia, is closed to the public,
without regard to any contingencies.
(b) Jurisdiction.--The Administrator of General Services
shall have administrative jurisdiction over, and shall hold
title on behalf of the United States in, the alley, property,
and facility referred to in subsection (a).
Sec. 529. (a) Commemorative Coin Program Restrictions.--
Section 5112 of title 31, United States Code, as amended by
sections 524 and 530 of this Act, is amended by adding at the
end the following new subsection:
``(m) Commemorative Coin Program Restrictions.--
``(1) Maximum number.--Beginning January 1, 1999, the
Secretary may mint and issue commemorative coins under this
section during any calendar year with respect to not more
than 2 commemorative coin programs.
``(2) Mintage levels.--
``(A) In general.--Except as provided in subparagraph (B),
in carrying out any commemorative coin program, the Secretary
shall mint--
``(i) not more than 750,000 clad half-dollar coins;
``(ii) not more than 500,000 silver one-dollar coins; and
``(iii) not more than 100,000 gold five-dollar or ten-
dollar coins.
``(B) Exception.--If the Secretary determines, based on
independent, market-based research conducted by a designated
recipient organization of a commemorative coin program, that
the mintage levels described in subparagraph (A) are not
adequate to meet public demand for that commemorative coin,
the Secretary may waive one or more of the requirements of
subparagraph (A) with respect to that commemorative coin
program.
``(C) Designated recipient organization defined.--For
purposes of this paragraph, the term `designated recipient
organization' means any organization designated, under any
provision of law, as the recipient of any surcharge imposed
on the sale of any numismatic item.''.
(b) Recovery of Mint Expenses Required Before Payment of
Surcharges to any Recipient Organization.--
(1) Clarification of law relating to deposit of surcharges
in the numismatic public enterprise fund.--Section 5134(c)(2)
of title 31, United States Code, is amended by inserting ``,
including amounts attributable to any surcharge imposed with
respect to the sale of any numismatic item'' before the
period.
(2) Conditions on payment of surcharges to recipient
organizations.--Section 5134 of title 31, United States Code,
is amended by adding at the end the following new subsection:
``(f) Conditions on Payment of Surcharges to Recipient
Organizations.--
``(1) Payment of surcharges.--Notwithstanding any other
provision of law, no amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item shall be
paid from the fund to any designated recipient organization
unless--
``(A) all numismatic operation and program costs allocable
to the program under which such numismatic item is produced
and sold have been recovered; and
``(B) the designated recipient organization submits an
audited financial statement that demonstrates to the
satisfaction of the Secretary of the Treasury that, with
respect to all projects or purposes for which the proceeds of
such surcharge may be used, the organization has raised funds
from private sources for such projects and purposes in an
amount that is equal to or greater than the maximum amount
the organization may receive from the proceeds of such
surcharge.
``(2) Annual audits.--
``(A) Annual audits of recipients required.--Each
designated recipient organization that receives any payment
from the fund of any amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item shall
provide, as a condition for receiving any such amount, for an
annual audit, in accordance with generally accepted
government auditing standards by an independent public
accountant selected by the organization, of all such payments
to the organization beginning in the first fiscal year of the
organization in which any such amount is received and
continuing until all amounts received by such organization
from the fund with respect to such surcharges are fully
expended or placed in trust.
``(B) Minimum requirements for annual audits.--At a
minimum, each audit of a designated recipient organization
pursuant to subparagraph (A) shall report--
``(i) the amount of payments received by the designated
recipient organization from the fund during the fiscal year
of the organization for which the audit is conducted that are
derived from the proceeds of any surcharge imposed on the
sale of any numismatic item;
``(ii) the amount expended by the designated recipient
organization from the proceeds of such surcharges during the
fiscal year of the organization for which the audit is
conducted; and
``(iii) whether all expenditures by the designated
recipient organization during the fiscal year of the
organization for which the audit is conducted from the
proceeds of such surcharges were for authorized purposes.
``(C) Responsibility of organization to account for
expenditures of surcharges.--Each designated recipient
organization that receives any payment from the fund of any
amount derived from the proceeds of any surcharge imposed on
the sale of any numismatic item shall take appropriate steps,
as a condition for receiving any such payment, to ensure that
the receipt of the payment and the expenditure of the
proceeds of such surcharge by the organization in each fiscal
year of the organization can be accounted for separately from
all other revenues and expenditures of the organization.
``(D) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of a designated recipient
organization for which an audit is required under
subparagraph (A), the organization shall--
``(i) submit a copy of the report to the Secretary of the
Treasury; and
``(ii) make a copy of the report available to the public.
``(E) Use of surcharges for audits.--Any designated
recipient organization that receives any payment from the
fund of any amount derived from the proceeds of any surcharge
imposed on the sale of any numismatic item may use the amount
received to pay the cost of an audit required under
subparagraph (A).
``(F) Waiver of paragraph.--The Secretary of the Treasury
may waive the application of any subparagraph of this
paragraph to any designated recipient organization for any
fiscal year after taking into account the amount of
surcharges that such organization received or expended during
such year.
``(G) Nonapplicability to federal entities.--This paragraph
shall not apply to any Federal agency or department or any
independent establishment in the executive branch that
receives any payment from the fund of any amount derived from
the proceeds of any surcharge imposed on the sale of any
numismatic item.
``(H) Availability of books and records.--An organization
that receives any payment from the fund of any amount derived
from the proceeds of any surcharge imposed on the sale of any
numismatic item shall provide, as a condition for receiving
any such payment, to the Inspector General of the Department
of the Treasury or the Comptroller General of the United
States, upon the request of such Inspector General or the
Comptroller General, all books, records, and work papers
belonging to or used by the organization, or by any
independent public accountant who audited the organization in
accordance with subparagraph (A), which may relate to the
receipt or expenditure of any such amount by the
organization.
``(3) Use of agents or attorneys to influence commemorative
coin legislation.--No portion of any payment from the fund to
any designated recipient organization of any amount derived
from the proceeds of any surcharge imposed on the sale of any
numismatic item may be used, directly or indirectly, by the
organization to compensate any agent or attorney for services
rendered to support or influence in any way legislative
action of the Congress relating to such numismatic item.
``(4) Designated recipient organization defined.--For
purposes of this subsection, the term `designated recipient
organization' means any organization designated, under any
provision of law, as the recipient of any surcharge imposed
on the sale of any numismatic item.''.
(3) Scope of application.--The amendments made by this
section shall apply with respect to the proceeds of any
surcharge imposed on the sale of any numismatic item that are
deposited in the Numismatic Public Enterprise Fund after the
date of the enactment of this Act.
(4) Repeal of existing recipient report requirement.--
Section 303 of Public Law 103-186 (31 U.S.C. 5112 note) is
repealed.
(c) Quarterly Financial Reports.--Section 5134 of title 31,
United States Code, is amended by adding at the end the
following new subsection:
``(g) Quarterly Financial Reports.--
``(1) In general.--Not later than the 30th day of each
month following each calendar quarter through and including
the final period of sales with respect to any commemorative
coin program authorized on or after the date of enactment of
the Treasury, Postal Service, and General Government
Appropriations Act, 1997, the Mint shall submit to
[[Page 2570]]
the Congress a quarterly financial report in accordance with
this subsection.
``(2) Requirements.--Each report submitted under paragraph
(1) shall include, with respect to the calendar quarter at
issue--
``(A) a detailed financial statement, prepared in
accordance with generally accepted accounting principles,
that includes financial information specific to that quarter,
as well as cumulative financial information relating to the
entire program;
``(B) a detailed accounting of--
``(i) all costs relating to marketing efforts;
``(ii) all funds projected for marketing use;
``(iii) all costs for employee travel relating to the
promotion of commemorative coin programs;
``(iv) all numismatic items minted, sold, not sold, and
rejected during the production process; and
``(v) the costs of melting down all rejected and unsold
products;
``(C) adequate market-based research for all commemorative
coin programs; and
``(D) a description of the efforts of the Mint in keeping
the sale price of numismatic items as low as practicable.''.
(d) Citizens Commemorative Coin Advisory Committee.--
(1) Fixed terms for members.--Section 5135(a)(4) of title
31, United States Code, is amended to read as follows:
``(4) Terms.--Each member appointed under clause (i) or
(iii) of paragraph (3)(A) shall be appointed for a term of 4
years.''.
(2) Chairperson.--Section 5135(a) of title 31, United
States Code, is amended by adding at the end the following
new paragraph:
``(7) Chairperson.--
``(A) In general.--Subject to subparagraph (B), the
Chairperson of the Advisory Committee shall be elected by the
members of the Advisory Committee from among such members.
``(B) Exception.--The member appointed pursuant to
paragraph (3)(A)(ii) (or the alternate to that member) may
not serve as the Chairperson of the Advisory Committee,
beginning on June 1, 1999.''.
(e) Effective Date.--This section and the amendments made
by this section shall take effect on the date of enactment of
this Act.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Section 601. Funds appropriated in this or any other Act
may be used to pay travel to the United States for the
immediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1997 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency,
department or instrumentality of the United States which
provides or proposes to provide child care services for
Federal employees may reimburse any Federal employee or any
person employed to provide such services for travel,
transportation, and subsistence expenses incurred for
training classes, conferences or other meetings in connection
with the provision of such services: Provided, That any per
diem allowance made pursuant to this section shall not exceed
the rate specified in regulations prescribed pursuant to
section 5707 of title 5, United States Code.
Sec. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 605. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-24.
Sec. 606. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person
(1) is a citizen of the United States, (2) is a person in the
service of the United States on the date of enactment of this
Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States, (3) is a person who owes allegiance to the
United States, (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence, (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975, or (6) is a national of the People's Republic of China
who qualifys for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the
purpose of this section, an affidavit signed by any such
person shall be considered prima facie evidence that the
requirements of this section with respect to his or her
status have been complied with: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and, upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This
section shall not apply to citizens of Ireland, Israel, or
the Republic of the Philippines, or to nationals of those
countries allied with the United States in the current
defense effort, or to international broadcasters employed by
the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of
emergencies.
Sec. 607. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 608. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order 12873
(October 20, 1993), including any such programs adopted prior
to the effective date of the Executive Order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 609. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 610. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he or
she has been nominated after the Senate has voted not to
approve the nomination of said person.
Sec. 611. For the fiscal year ending September 30, 1997,
and thereafter, any department or agency to which the
Administrator of General Services has delegated the authority
to operate, maintain or repair any building or facility
pursuant to section 205(d) of the Federal Property and
Administrative Services Act of 1949, as amended, shall retain
that portion of the GSA rental payment available for
operation, maintenance or repair of the building or facility,
as determined by the Administrator, and expend such funds
directly for the operation, maintenance or repair of the
building or facility. Any funds retained under this section
shall remain available until expended for such purposes.
Sec. 612. (a) In General.--Section 1306 of title 31, United
States Code, is amended to read as follows:
``Sec. 1306. Use of foreign credits
``(a) In General.--Foreign credits (including currencies)
owed to or owned by the United States may be used by any
agency for any purpose for which appropriations are made for
the agency for the current fiscal year (including the
carrying out of Acts requiring or authorizing the use of such
cred
[[Page 2571]]
its), but only when reimbursement therefor is made to the
Treasury from applicable appropriations of the agency.
``(b) Exception to Reimbursement Requirement.--Credits
described in subsection (a) that are received as exchanged
allowances, or as the proceeds of the sale of personal
property, may be used in whole or partial payment for the
acquisition of similar items, to the extent and in the manner
authorized by law, without reimbursement to the Treasury.''.
(b) Applicability.--The amendment made by this section
shall take effect on the date of the enactment of this Act
and shall apply thereafter.
Sec. 613. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 614. Funds made available by this or any other Act to
the ``Postal Service Fund'' (39 U.S.C. 2003) shall be
available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under the
charge and control of the Postal Service, and such guards
shall have, with respect to such property, the powers of
special policemen provided by the first section of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and,
as to property owned or occupied by the Postal Service, the
Postmaster General may take the same actions as the
Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching
thereto penal consequences under the authority and within the
limits provided in section 4 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 615. None of the funds made available pursuant to the
provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
Sec. 616. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for the fiscal year ending on
September 30, 1997, by this or any other Act, may be used to
pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 616 of the Treasury, Postal
Service and General Government Appropriations Act, 1996,
until the normal effective date of the applicable wage survey
adjustment that is to take effect in fiscal year 1997, in an
amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with
such section 616; and
(2) during the period consisting of the remainder of fiscal
year 1997, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of--
(A) the percentage adjustment taking effect in fiscal year
1997 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(B) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 1997 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in fiscal year 1996
under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such
employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid
from a schedule not in existence on September 30, 1996, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 1996,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 1996.
(f) For the purpose of administering any provision of law
(including section 8431 of title 5, United States Code, and
any rule or regulation that provides premium pay, retirement,
life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of
salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
Sec. 617. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is expressly approved by the Committees on
Appropriations of the House and Senate. For the purposes of
this section, the word ``office'' shall include the entire
suite of offices assigned to the individual, as well as any
other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 618. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, and/or
lease any additional facilities, except within or contiguous
to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 619. Notwithstanding section 1346 of title 31, United
States Code, or section 613 of this Act, funds made available
for fiscal year 1997 by this or any other Act shall be
available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order Numbered 12472
(April 3, 1984).
Sec. 620. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from
the competitive service pursuant to section 3302 of title 5,
United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C
appointee that the Schedule C position was not created solely
or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence
through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation
and the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of
the Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 621. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 1997 shall obligate or expend any
such funds, unless such department, agency or instrumentality
has in place, and will continue to administer in good faith,
a written policy designed to ensure that all of its
workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title
VII of the Civil Rights Act of 1964, as amended, the Age
Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973.
Sec. 622. No part of any appropriation contained in this
Act may be used to pay for the expenses of travel of
employees, including employees of the Executive Office of the
President, not directly responsible for the discharge of
official governmental tasks and duties: Provided, That this
restriction shall not apply to the family of the President,
Members of Congress or their spouses, Heads of State of a
foreign country or their designees, persons providing
assistance to the President for official purposes, or other
individuals so designated by the President.
Sec. 623. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress,
annually, that no person or persons with direct or indirect
responsibility for administering the Executive Office of the
President's Drug-Free Workplace Plan are themselves subject
to a program of individual random drug testing.
Sec. 624. (a) None of the funds made available in this Act
or any other Act may be obligated or expended for any
employee training when it is made known to the Federal
official having authority to obligate or expend such funds
that such employee training--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief
[[Page 2572]]
systems or ``new age'' belief systems as defined in Equal
Employment Opportunity Commission Notice N-915.022, dated
September 2, 1988;
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace; or
(6) includes content related to human immunodeficiency
virus/acquired immune deficiency syndrome (HIV/AIDS) other
than that necessary to make employees more aware of the
medical ramifications of HIV/AIDS and the workplace rights of
HIV-positive employees.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 625. No funds appropriated in this or any other Act
for fiscal year 1997 may be used to implement or enforce the
agreements in Standard Forms 312 and 4355 of the Government
or any other nondisclosure policy, form, or agreement if such
policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive
Order 12356; section 7211 of title 5, United States Code
(governing disclosures to Congress); section 1034 of title
10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to
Congress by members of the military); section 2302(b)(8) of
title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)).
The definitions, requirements, obligations, rights,
sanctions, and liabilities created by said Executive Order
and listed statutes are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other
than an employee or officer of the United States Government,
may contain provisions appropriate to the particular activity
for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress or
to an authorized official of an executive agency or the
Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 626. (a) None of the funds appropriated by this or any
other Act may be expended by any Federal Agency to procure
any product or service subject to section 5124 of Public Law
104-106 and that will be available under the procurement by
the Administrator of General Services known as ``FTS2000''
unless--
(1) such product or service is procured by the
Administrator of General Services as part of the procurement
known as ``FTS2000''; or
(2) that agency establishes to the satisfaction of the
Administrator of General Services that--
(A) that agency's requirements for such procurement are
unique and cannot be satisfied by property and service
procured by the Administrator of General Services as part of
the procurement known as ``FTS2000''; and
(B) the agency procurement, pursuant to such delegation,
would be cost-effective and would not adversely affect the
cost-effectiveness of the FTS2000 procurement.
(b) After December 31, 1998, subsection (a) shall apply
only if the Administrator of General Services has reported
that the FTS2000 procurement is producing prices that allow
the Government to satisfy its requirements for such
procurement in the most cost-effective manner.
Sec. 627. Subsection (f) of section 403 of Public Law 103-
356 is amended by deleting ``October 1, 1999'' and inserting
``October 1, 2001''.
Sec. 628. (a) In General.--Notwithstanding any other
provision of law, none of the funds made available by this
Act for the Department of the Treasury shall be available for
any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a
Government employee would result in a decision,
determination, rule, regulation, or policy that would permit
the Secretary of the Treasury to make any loan or extension
of credit under section 5302 of title 31, United States Code,
with respect to a single foreign entity or government of a
foreign country (including agencies or other entities of that
government)--
(1) with respect to a loan or extension of credit for more
than 60 days, unless the President certifies to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Banking and Financial Services of the House of
Representatives that--
(A) there is no projected cost (as that term is defined in
section 502 of the Federal Credit Reform Act of 1990) to the
United States from the proposed loan or extension of credit;
and
(B) any proposed obligation or expenditure of United States
funds to or on behalf of the foreign government is adequately
backed by an assured source of repayment to ensure that all
United States funds will be repaid; and
(2) other than as provided by an Act of Congress, if that
loan or extension of credit would result in expenditures and
obligations, including contingent obligations, aggregating
more than $1,000,000,000 with respect to that foreign country
for more than 180 days during the 12-month period beginning
on the date on which the first such action is taken.
(b) Waiver of Limitations.--The President may exceed the
dollar and time limitations in subsection (a)(2) if he
certifies in writing to the Congress that a financial crisis
in that foreign country poses a threat to vital United States
economic interests or to the stability of the international
financial system.
(c) Expedited Procedures for a Resolution of Disapproval.--
A presidential certification pursuant to subsection (b) shall
not take effect, if the Congress, within 30 calendar days
after receiving such certification, enacts a joint resolution
of disapproval, as described in paragraph (5) of this
subsection.
(1) Reference to committees.--All joint resolutions
introduced in the Senate to disapprove the certification
shall be referred to the Committee on Banking, Housing, and
Urban Affairs, and in the House of Representatives, to the
appropriate committees.
(2) Discharge of committees.--(A) If the committee of
either House to which a resolution has been referred has not
reported it at the end of 15 days after its introduction, it
is in order to move either to discharge the committee from
further consideration of the joint resolution or to discharge
the committee from further consideration of any other
resolution introduced with respect to the same matter, except
no motion to discharge shall be in order after the committee
has reported a joint resolution with respect to the same
matter.
(B) A motion to discharge may be made only by an individual
favoring the resolution, and is privileged in the Senate; and
debate thereon shall be limited to not more than 1 hour, the
time to be divided in the Senate equally between, and
controlled by, the majority leader and the minority leader or
their designees.
(3) Floor consideration in the senate.--(A) A motion in the
Senate to proceed to the consideration of a resolution shall
be privileged.
(B) Debate in the Senate on a resolution, and all debatable
motions and appeals in connection therewith, shall be limited
to not more than 4 hours, to be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
(C) Debate in the Senate on any debatable motion or appeal
in connection with a resolution shall be limited to not more
than 20 minutes, to be equally divided between, and
controlled by, the mover and the manager of the resolution,
except that in the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(D) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in order
in the Senate.
(4) In the case of a resolution, if prior to the passage by
one House of a resolution of that House, that House receives
a resolution with respect to the same matter from the other
House, then--
(A) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
(B) the vote on final passage shall be on the resolution of
the other House.
(5) For purposes of this subsection, the term ``joint
resolution'' means only a joint resolution of the 2 Houses of
Congress, the matter after the resolving clause of which is
as follows: ``That the Congress disapproves the action of the
President under section 628(c) of the Treasury, Postal
Service, and General Government Appropriations Act, 1997,
notice of which was submitted to the Congress on
______________.'', with the blank space being filled with the
appropriate date.
(d) Applicability.--This section--
(1) shall not apply to any action taken as part of the
program of assistance to Mexico announced by the President on
January 31, 1995; and
(2) shall remain in effect through fiscal year 1997.
Sec. 629. (a) Technical Amendment.--Section 640 of Public
Law 104-52 (109 Stat. 513) is amended by striking ``Service
performed'' and inserting ``Hereafter, service performed''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in Public Law 104-52 on the
date of its enactment.
Sec. 630. Notwithstanding any other provision of law, no
part of any appropriation contained in this Act for any
fiscal year shall be available for paying Sunday premium or
differential pay to any employee unless such
[[Page 2573]]
employee actually performed work during the time
corresponding to such premium or differential pay.
Sec. 631. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 632. (a) The United States Courthouse under
construction at 1030 Southwest 3d Avenue in Portland, Oregon,
shall be known and designated as the ``Mark O. Hatfield
United States Courthouse''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the courthouse
referred to in section 901 shall be deemed to be a reference
to the ``Mark O. Hatfield United States Courthouse''.
(c) This section shall take effect on January 2, 1997.
Sec. 633. Survivor Annuity Resumption Upon Termination of
Marriage.--(a) Amendments.--
(1) Civil service retirement system.--Section 8341(e) of
title 5, United States Code, is amended by adding at the end
the following:
``(4) If the annuity of a child under this subchapter
terminates under paragraph (3)(E) because of marriage, then,
if such marriage ends, such annuity shall resume on the first
day of the month in which it ends, but only if--
``(A) any lump sum paid is returned to the Fund; and
``(B) that individual is not otherwise ineligible for such
annuity.''.
(2) Federal employees' retirement system.--Section 8443(b)
of such title is amended by adding at the end the following:
``If the annuity of a child under this subchapter terminates
under subparagraph (E) because of marriage, then, if such
marriage ends, such annuity shall resume on the first day of
the month in which it ends, but only if any lump sum paid is
returned to the Fund, and that individual is not otherwise
ineligible for such annuity.''.
(3) Federal employees health benefits.--Section 8908 of
title 5, United States Code, is amended by adding at the end
of the following new subsection:
``(d) A surviving child whose survivor annuity under
section 8341(e) or 8443(b) was terminated and is later
restored under paragraph (4) of section 8341(e) or the last
sentence of section 8443(b) may, under regulations prescribed
by the Office, enroll in a health benefits plan described by
section 8903 or 8903a if such surviving child was covered by
any such plan immediately before such annuity was
terminated.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to any termination of marriage
taking effect before, on, or after the date of enactment of
this Act, except that benefits shall be payable only with
respect to amounts accruing for periods beginning on the
first day of the month beginning after the later of such
termination of marriage or such date of enactment.
Sec. 634. Availability of Annual Leave For Employees
Affected by Reduction in Force.--Section 6302 of title 5,
United States Code, is amended by adding at the end of the
following new subsection:
``(g) An employee who is being involuntarily separated from
an agency due to a reduction in force or transfer of function
under subchapter I of chapter 35 may elect to use annual
leave to the employee's credit to remain on the agency's
rolls after the date the employee would otherwise have been
separated if, and only to the extent that, such additional
time in a pay status will enable the employee to qualify for
an immediate annuity under section 8336, 8412, 8414, or to
qualify to carry health benefits coverage into retirement
under section 8905(b).''.
Sec. 635. Section 207(e)(6)(B) of title 18, United States
Code, is amended by striking ``level V of the Executive
Schedule'' and inserting ``level 5 of the Senior Executive
Service''.
Sec. 636. Reimbursements Relating to Professional Liability
Insurance.--(a) Authority.--Notwithstanding any other
provision of law, amounts appropriated by this Act (or any
other Act for fiscal year 1997 or any fiscal year thereafter)
for salaries and expenses may be used to reimburse any
qualified employee for not to exceed one-half the costs
incurred by such employee for professional liability
insurance. A payment under this section shall be contingent
upon the submission of such information or documentation as
the employing agency may require.
(b) Qualified Employee.--For purposes of this section, the
term ``qualified employee'' means an agency employee whose
position is that of--
(1) a law enforcement officer; or
(2) a supervisor or management official.
(c) Definitions.--For purposes of this section--
(1) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code, and
any agency of the Legislative Branch of Government including
any office or committee of the Senate or the House of
Representatives;
(2) the term ``law enforcement officer'' means an employee,
the duties of whose position are primarily the investigation,
apprehension, prosecution, or detention of individuals
suspected or convicted of offenses against the criminal laws
of the United States, including any law enforcement officer
under section 8331(20) or 8401(17) of such title 5, or under
section 4823 of title 22, United States Code;
(3) the terms ``supervisor'' and ``management official''
have the respective meanings given them by section 7103(a) of
such title 5, and
(4) the term ``professional liability insurance'' means
insurance which provides coverage for--
(A) legal liability for damages due to injuries to other
persons, damage to their property, or other damage or loss to
such other persons (including the expenses of litigation and
settlement) resulting from or arising out of any tortious
act, error, or omission of the covered individual (whether
common law, statutory, or constitutional) while in the
performance of such individual's official duties as a
qualified employee; and
(B) the cost of legal representation for the covered
individual in connection with any administrative or judicial
proceeding (including any investigation or disciplinary
proceeding) relating to any act, error, or omission of the
covered individual while in the performance of such
individual's official duties as a qualified employee, and
other legal costs and fees relating to any such
administrative or judicial proceeding.
(d) Applicability.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply thereafter.
Sec. 637. For purposes of each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), no adjustment under section 5303 of title 5,
United States Code, shall be considered to have taken effect
in fiscal year 1997 in the rates of basic pay for the
statutory pay systems.
Sec. 638. For FY 1997, the Secretary of the Treasury is
authorized to use funds made available to the FSLIC
Resolution Fund under P.L. 103-327, not to exceed $26.1
million, to reimburse the Department of Justice for the
reasonable expenses of litigation that are incurred in the
defense of claims against the U.S. arising from FIRREA and
its implementation.
Sec. 639. Section 608 of Public Law 104-52 is amended in
the first sentence by inserting before the period, ``,
including Federal records disposed of pursuant to a records
schedule''.
Sec. 640. In reviewing and analyzing the contracting out,
outsourcing or privatization of business and administrative
functions, and in implementing 40 U.S.C. sections 1413 and
1423, and other provisions, in title LI of the National
Defense Authorization Act for fiscal year 1996 (the
Information Technology Management Reform Act)--
(1) the Director of the Office of Management and Budget and
the heads of the executive agencies may have studies,
analyses, reviews and other management assistance performed
by the private sector;
(2) the reviews, analyses, and studies called for by 40
U.S.C. section 1413(b)(2) (B) and (C) shall be completed and
reported to the Agency Head within 180 days, or less measured
from when a study analysis or review is initiated unless the
Agency Head determines additional time is needed;
(3) in accordance with principles and rules governing
organizational conflicts of interest, persons involved in a
particular study may not compete for any work that is to be
or is outsourced as a result of that study; and
(4) this section will apply with respect to studies
occurring on or after the date of enactment of this
subsection and completed before September 1, 1999 and the
Comptroller General of the United States shall review and
provide an assessment of this program by January 1, 1999.
Sec. 641. (a) Section 1--Authorization of Appropriations.--
Section 8(a)(1) of the Whistleblower Protection Act of 1989
(5 U.S.C. 5509 note, Public Law 101-12, April 10, 1989, 103
Stat. 34, as amended Public Law 103-424, Section 1, October
29, 1994, 108 Stat. 4361), is amended by striking the words:
``1993, 1994, 1995, 1996, and 1997,'' and inserting in lieu
thereof ``1998, 1999, 2000, 2001, and 2002''.
(b) Section 2--Effective Date.--This Act shall take effect
on October 1, 1998.
Sec. 642. (a) Section 1.--Authorization of
Appropriations.--Section 8(a)(1) of the Whistleblower
Protection Act of 1989 (5 U.S.C. 5509 note; Public Law 103-
424; 103 Stat. 34) is amended by striking out: ``1993, 1994,
1995, 1996, and 1997,'' and inserting in lieu thereof ``1998,
1999, 2000, 2001, and 2002''.
(b) Section 2--Effective Date.--This Act shall take effect
on October 1, 1998.
Sec. 643. Modifications of National Commission on
Restructuring the Internal Revenue Service.--(a) Quorum.--
Paragraph (4) of section 637(b) of the Treasury, Postal
Service, and General Government Appropriations Act, 1996
(Public Law 104-52, 109 Stat. 510) is amended by striking
``Seven'' and inserting ``Nine''.
(b) Co-Chairs.--
(1) In general.--Paragraph (3) of section 637(b) of such
Act is amended--
(A) by striking ``a Chairman'' and inserting ``Co-Chairs'',
and
(B) by striking ``Chairman'' in the heading and inserting
``Co-Chairs''.
(2) Conforming amendments.--(A) Paragraph (5)(B) of section
637(b) of such Act is amended by striking ``a Chairman'' and
inserting ``Co-Chairs''.
[[Page 2574]]
(B) Subsections (b)(4), (d)(1)(B), (d)(3), and (e)(1) of
section 637 of such Act are each amended by striking
``Chairman'' each place it appears and inserting ``Co-
Chairs''.
(c) Gifts.--Section 637(d) of such Act is amended by adding
at the end the following new paragraph:
``(6) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property in carrying out
its duties under this section.''
(d) Travel Expenses.--Section 637(f)(2) of such Act is
amended by striking ``shall'' and inserting ``may''.
(e) Time for Filing Report.--
(1) In general.--Paragraph (1) of section 637(g) of such
Act is amended by striking ``one year'' and inserting ``15
months''.
(2) Conforming amendment.--Subparagraph (A) of section
637(c)(1) of such Act is amended by striking ``one year'' and
inserting ``15 months''.
(f) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of the
Treasury, Postal Service, and General Government
Appropriations Act, 1996.
Sec. 644. (a) In General.--Section 202(a) of title 39,
United States Code, is amended by striking ``$10,000 a year''
and inserting ``$30,000 a year''.
(b) Effective Date.--Subsection (a) shall take effect at
the beginning of the next applicable pay period beginning
after the date of the enactment of this Act.
Sec. 645. (a) In General.--No later than September 30,
1997, the Director of the Office of Management and Budget
shall submit to the Congress a report that provides--
(1) estimates of the total annual costs and benefits of
Federal regulatory programs, including quantitative and
nonquantitative measures of regulatory costs and benefits;
(2) estimates of the costs and benefits (including
quantitative and nonquantitative measures) of each rule that
is likely to have a gross annual effect on the economy of
$100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect impacts of
Federal rules on the private sector, State and local
government, and the Federal Government; and
(4) recommendations from the Director and a description of
significant public comments to reform or eliminate any
Federal regulatory program or program element that is
inefficient, ineffective, or is not a sound use of the
Nation's resources.
(b) Notice.--The Director shall provide public notice and
an opportunity to comment on the report under subsection (a)
before the report is issued in final form.
Sec. 646. Subsection (b) of section 404 of Public Law 103-
356 is amended by deleting ``September 30, 1997'' and
inserting ``December 31, 1999''.
Sec. 647. (a) Notwithstanding any other provision of law,
the Secretary shall, on behalf of the United States, transfer
to the University of Miami, without charge, title to the real
property and improvements that as of the date of the
enactment of this Act constitute the Federal facility known
as the Perrine Primate Center, subject to the condition that,
during the 10-year period beginning on the date of the
transfer--
(1) the University will provide for the continued use of
the real property and improvements as an animal research
facility, including primates, and such use will be the
exclusive use of the property (with such incidental
exceptions as the Secretary may approve); or
(2) the real property and improvements will be used for
research-related purposes other than the purpose specified in
paragraph (1) (or for both of such purposes), if the
Secretary and the University enter into an agreement
accordingly.
(b) The conveyance under subsection (a) shall not become
effective unless the conveyance specifies that, if the
University of Miami engages in a material breach of the
conditions specified in such subsection, title to the real
property and improvements involved reverts to the United
States at the election of the Secretary.
(c) The real property referred to in subsections (a) and
(b) is located in the county of Dade in the State of Florida,
and is a parcel consisting of the northernmost 30 acre-parcel
of the area. The exact acreage and legal description used for
purposes of the transfer under subsection (a) shall be in
accordance with a survey that is satisfactory to the
Secretary.
(d) For the purposes of this section--
(1) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(2) the term ``University of Miami'' means the University
of Miami located in the State of Florida.
Sec. 648. (a) Increased Penalties for Counterfeiting
Violations.--Sections 474 and 474A of title 18, United States
Code, are amended by striking ``class C felony'' each place
that term appears and inserting ``class B felony''.
(b) Criminal Penalty for Production, Sale, Transportation,
Possession of Fictitious Financial Instruments Purporting to
be Those of the States, of Political Subdivisions, and of
Private Organizations.--
(1) In general.--Chapter 25 of title 18, United States
Code, is amended by inserting after section 513, the
following new section:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces, publishes, or
otherwise makes, or attempts or causes the same, within the
United States;
``(2) passes, utters, presents, offers, brokers, issues,
sells, or attempts or causes the same, or with like intent
possesses, within the United States; or
``(3) utilizes interstate or foreign commerce, including
the use of the mails or wire, radio, or other electronic
communication, to transmit, transport, ship, move, transfer,
or attempts or causes the same, to, from, or through the
United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through
scheme or artifice, to be an actual security or other
financial instrument issued under the authority of the United
States, a foreign government, a State or other political
subdivision of the United States, or an organization, shall
be guilty of a class B felony.
``(b) For purposes of this section, any term used in this
section that is defined in section 513(c) has the same
meaning given such term in section 513(c).
``(c) The United States Secret Service, in addition to any
other agency having such authority, shall have authority to
investigate offenses under this section.''.
(2) Technical amendment.--The analysis for chapter 25 of
title 18, United States Code, is amended by inserting after
the item relating to section 513 the following:
``514. Fictitious obligations.''.
(c) Period of Effect.--This section and the amendments made
by this section shall become effective on the date of
enactment of this Act and shall remain in effect during each
fiscal year following that date of enactment.
Sec. 649. None of the funds appropriated by this Act may be
used by an agency to provide a Federal employee's home
address to any labor organization except when it is made
known to the Federal official having authority to obligate or
expend such funds that the employee has authorized such
disclosure or that such disclosure has been ordered by a
court of competent jurisdiction.
Sec. 650. (a) No later than 45 days after the date of the
enactment of this Act, the Inspector General of each Federal
department or agency that uses administratively
uncontrollable overtime in the pay of any employee shall--
(1) conduct an audit on the use of administratively
uncontrollable overtime by employees of such department or
agency, which shall include--
(A) an examination of the policies, extent, costs, and
other relevant aspects of the use of administratively
uncontrollable overtime at the department or agency; and
(B) a determination of whether the eligibility criteria of
the department or agency and payment of administratively
uncontrollable overtime comply with Federal statutory and
regulatory requirements; and
(2) submit a report of the findings and conclusions of such
audit to--
(A) the Office of Personnel Management;
(B) the Governmental Affairs Committee of the Senate; and
(C) the Government Reform and Oversight Committee of the
House of Representatives.
(b) No later than 30 days after the submission of the
report under subsection (a), the Office of Personnel
Management shall issue revised guidelines to all Federal
departments and agencies that--
(1) limit the use of administratively uncontrollable
overtime to employees meeting the statutory intent of section
5545(c)(2) of title 5, United States Code; and
(2) expressly prohibit the use of administratively
uncontrollable overtime for--
(A) customary or routine work duties; and
(B) work duties that are primarily administrative in
nature, or occur in noncompelling circumstances.
Sec. 651. Notwithstanding section 8116 of title 5, United
States Code, and in addition to any payment made under 5
U.S.C. 8101 et seq., beginning in fiscal year 1997 and
thereafter, the head of any department or agency is
authorized to pay from appropriations made available to the
department or agency a death gratuity to the personal
representative (as that term is defined by applicable law) of
a civilian employee of that department or agency whose death
resulted from an injury sustained in the line of duty on or
after August 2, 1990: Provided, That payments made pursuant
to this section, in combination with the payments made
pursuant to sections 8133(f) and 8134(a) of such title 5 and
section 312 of Public Law 103-332 (108 Stat. 2537), may not
exceed a total of $10,000 per employee.
Sec. 653. (a) Authorization.--
The Secretary of the Treasury is authorized to establish
scientific certification standards for explosives detection
canines, and shall provide, on a reimbursable basis, for the
certification of explosives detection canines employed by
Federal agencies, or other agencies providing explosives
detection services at airports in the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this section.
Sec. 654. National Repository for Information on Explosives
Incidents and Arson.
(a) Section 846 of title 18, United States Code, is amended
by--
(1) designating the existing section as subsection (a); and
(2) by adding the following new subsection (b) to read as
follows:
``(b) The Secretary is authorized to establish a national
repository of information on incidents involving arson and
the suspected criminal misuse of explosives. All Federal
[[Page 2575]]
agencies having information concerning such incidents shall
report the information to the Secretary pursuant to such
regulations as deemed necessary to carry out the provisions
of this subsection. The repository shall also contain
information on incidents voluntarily reported to the
Secretary by State and local authorities.''.
(b) There is authorized to be appropriated such sums as may
be necessary to carry out the provisions of this subsection.
Sec. 655. Section 5(c)(1) of Public Law 102-259 (20 U.S.C.
5603(c)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``and'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding after subparagraph (B) the following:
``(C) a Trustee may serve after the expiration of the
Trustee's term until a successor has been chosen.''.
Sec. 656. Notwithstanding any other provision of law, the
Secretary of the Interior, through the Bureau of Indian
Affairs, may directly transfer to Indian tribes in North and
South Dakota portable housing units at the Grand Forks Air
Force base in North Dakota which have been declared excess by
the Department of Defense and requested for transfer by the
Department of the Interior.
Sec. 657. Section 922(q) of title 18, United States Code,
is amended to read as follows:
``(q)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and
around schools, as documented in numerous hearings in both
the Committee on the Judiciary the House of Representatives
and the Committee on the Judiciary of the Senate;
``(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
``(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to
or through certain parts of the country due to concern about
violent crime and gun violence, and parents may decline to
send their children to school for the same reason;
``(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our
country;
``(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign
commerce of the United States;
``(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves--even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
``(I) the Congress has the power, under the interstate
commerce clause and other provisions of the Constitution, to
enact measures to ensure the integrity and safety of the
Nation's schools by enactment of this subsection.
``(2)(A) It shall be unlawful for any individual knowingly
to possess a firearm that has moved in or that otherwise
affects interstate or foreign commerce at a place that the
individual knows, or has reasonable cause to believe, is a
school zone.
``(B) Subparagraph (A) does not apply to the possession of
a firearm--
``(i) on private property not part of school grounds;
``(ii) if the individual possessing the firearm is licensed
to do so by the State in which the school zone is located or
a political subdivision of the State, and the law of the
State or political subdivision requires that, before an
individual obtains such a license, the law enforcement
authorities of the State or political subdivision verify that
the individual is qualified under law to receive the license;
``(iii) that is--
``(I) not loaded; and
``(II) in a locked container, or a locked firearms rack
that is on a motor vehicle;
``(iv) by an individual for use in a program approved by a
school in the school zone;
``(v) by an individual in accordance with a contract
entered into between a school in the school zone and the
individual or an employer of the individual;
``(vi) by a law enforcement officer acting in his or her
official capacity; or
``(vii) that is unloaded and is possessed by an individual
while traversing school premises for the purpose of gaining
access to public or private lands open to hunting, if the
entry on school premises is authorized by school authorities.
``(3)(A) Except as provided in subparagraph (B), it shall
be unlawful for any person, knowingly or with reckless
disregard for the safety of another, to discharge or attempt
to discharge a firearm that has moved in or that otherwise
affects interstate or foreign commerce at a place that the
person knows is a school zone.
``(B) Subparagraph (A) does not apply to the discharge of a
firearm--
``(i) on private property not part of school grounds;
``(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in the
program;
``(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
``(iv) by a law enforcement officer acting in his or her
official capacity.
``(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government from
enacting a statute establishing gun free school zones as
provided in this subsection.''.
SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR
CRIME OF DOMESTIC VIOLENCE.
(a) Definition.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(33)(A) Except as provided in subparagraph (C), the term
`misdemeanor crime of domestic violence' means an offense
that--
``(i) is a misdemeanor under Federal or State law; and
``(ii) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon,
committed by a current or former spouse, parent, or guardian
of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabiting with or has
cohabited with the victim as a spouse, parent, or guardian,
or by a person similarly situated to a spouse, parent, or
guardian of the victim.
``(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
``(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in
the case; and
(II) in the case of a prosecution for an offense described
in this paragraph for which a person was entitled to a jury
trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the
right to have the case tried by a jury, by guilty plea or
otherwise,
``(ii) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter if
the conviction has been expunged or set aside, or is an
offense for which the person has been pardoned or has had
civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such
an offense) unless the pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.''.
(b)Prohibitions.--
(1) Section 922(d) of such title is amended--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(C) by inserting after paragraph (8) the following:
``(9) has been convicted in any court of a misdemeanor
crime of domestic violence.''.
(2) Section 922(g) of such title is amended--
(A) by striking ``or'' at the end of paragrph (7);
(B) by striking the comma at the end of paragraph (8) and
inserting ``; or''; and
(C) by inserting after paragraph (8) the following:
``(9) who has been convicted in any court of a misdemeanor
crime of domestic violence,''.
(3) Section 922(s)(3)(B)(i) of such title is amended by
inserting ``, and has not been convicted in any court of a
misdemeanor crime of domestic violence'' before this
semicolon.
(c) Government Entities Not Excepted.--Section 925(a)(1) of
such title is amended by inserting ``sections 922(d)(9) and
922(g)(9) and'' after ``except for''.
SEC. 659. THRIFT SAVINGS PLAN.
Title I--Additional Investment Funds for the Thrift Savings Plan
SEC. 101. SHORT TITLE
This title may be cited as the ``Thrift Savings Investment
Funds Act of 1996''.
SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE THRIFT SAVINGS PLAN
Section 8438 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) the term `International Stock Index Investment Fund'
means the International Stock Index Investment Fund
established under subsection (b)(1)(E);'';
(C) in paragraph (8) (as redesignated by subparagraph (A)
of this paragraph) by striking out ``and'' at the end
thereof;
(D) in paragraph (9) (as redesignated by subparagraph (A)
of this paragraph)--
(i) by striking out ``paragraph (7)(D)'' in each place it
appears and inserting in each such place ``paragraph
(8)(D)''; and
(ii) by striking out the period and inserting in lieu
thereof a semicolon and ``and''; and
(E) by adding at the end thereof the following new
paragraph:
``(10) the term `Small Capitalization Stock Index
Investment Fund' means the Small Capitalization Stock Index
Investment Fund established under subsection (b)(1)(D).'';
and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking out ``and'' at the end
thereof;
(ii) in subparagraph (C) by striking out the period and
inserting in lieu thereof a semicolon; and
[[Page 2576]]
(iii) by adding at the end thereof the following new
subparagraphs:
``(D) a Small Capitalization Stock Index Investment Fund as
provided in paragraph (3); and
``(E) an International Stock Index Investment Fund as
provided in paragraph (4).''; and
(B) by adding at the end thereof the following new
paragraphs:
``(3)(A) The Board shall select an index which is a
commonly recognized index comprised of common stock the
aggregate market value of which represents the United States
equity markets excluding the common stocks included in the
Common Stock Index Investment Fund.
``(B) The Small Capitalization Stock Index Investment Fund
shall be invested in a portfolio designed to replicate the
performance of the index in subparagraph (A). The portfolio
shall be designed such that, to the extent practicable, the
percentage of the Small Capitalization Stock Index Investment
Fund that is invested in each stock is the same as the
percentage determined by dividing the aggregate market value
of all shares of that stock by the aggregate market value of
all shares of all stocks included in such index.
``(4)(A) The Board shall select an index which is a
commonly recognized index comprised of stock the aggregate
market value of which is a reasonably complete representation
of the international equity markets excluding the United
States equity markets.
``(B) The International Stock Index Investment Fund shall
be invested in a portfolio designed to replicate the
performance of the index in subparagraph (A). The portfolio
shall be designed such that, to the extent practicable, the
percentage of the International Stock Index Investment Fund
that is invested in each stock is the same as the percentage
determined by dividing the aggregate market value of all
shares of that stock by the aggregate market value of all
shares of all stocks included in such index.''.
SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK
Section 8439(d) of title 5, United States Code, is amended
by striking out ``Each employee, Member, former employee, or
former Member who elects to invest in the Common Stock Index
Investment Fund or the Fixed Income Investment Fund described
in paragraphs (1) and (3),'' and inserting in lieu thereof
``Each employee, Member, former employee, or former Member
who elects to invest in the Common Stock Index Investment
Fund, the Fixed Income Investment Fund, the International
Stock Index Investment Fund, or the Small Capitalization
Stock Index Investment Fund, defined in paragraphs (1), (3),
(5), and (10),''.
SEC. 104. EFFECTIVE DATE
This title shall take effect on the date of enactment of
this Act, and the Funds established under this title shall be
offered for investment at the earliest practicable election
period (described in section 8432(b) of title 5, United
States Code) as determined by the Executive Director in
regulations.
Title II--Thrift Savings Accounts Liquidity
SEC. 201. SHORT TITLE
This title may be cited as the ``Thrift Savings Plan Act of
1996''.
SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAWALS; DE MINIMUS
ACCOUNTS; CIVIL SERVICE RETIREMENT SYSTEM PARTICIPANTS
Section 8351(b) of title 5, United States Code, is
amended--
(1) in paragraph (5)--
(A) in subparagraph (B)--
(i) by striking out ``An election, change of election, or
modification (relating to the commencement date of a deferred
annuity)'' and inserting in lieu thereof ``An election or
change of election'';
(ii) by inserting ``or withdrawal'' after ``and a loan'';
(iii) by inserting ``and (h)'' after ``8433(g)'';
(iv) by striking out ``the election, change of election, or
modification'' and inserting in lieu thereof ``the election
or change of election''; and
(v) by inserting ``or withdrawal'' after ``for such loan'';
and
(B) in subparagraph (D)--
(i) by inserting ``or withdrawals'' after ``of loans''; and
(ii) by inserting ``or (h)'' after ``8433(g)''; and
(2) in paragraph (6)--
(A) by striking out ``$3,500 or less'' and inserting in
lieu thereof ``less than an amount that the Executive
Director prescribes by regulation''; and
(B) by striking out ``unless the employee or Member elects,
at such time and otherwise in such manner as the Executive
Director prescribes, one of the options available under
subsection (b)''.
SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELECTIONS, FEDERAL
EMPLOYEES RETIREMENT SYSTEM PARTICIPANTS
(a) In General.--Section 8433 of title 5, United States
Code, is amended--
(1) by striking out subsections (b) and (c) and inserting
in lieu thereof the following:
``(b) Subject to section 8435 of this title, any employee
or Member who separates from Government employment is
entitled and may elect to withdraw from the Thrift Savings
Fund the balance of the employee's or Member's account as--
``(1) an annuity;
``(2) a single payment;
``(3) 2 or more substantially equal payments to be made not
less frequently than annually; or
``(4) any combination of payments as provided under
paragraphs (1) through (3) as the Executive Director may
prescribe by regulation.
``(c)(1) In addition to the right provided under subsection
(b) to withdraw the balance of the account, an employee or
Member who separates from Government service and who has not
made a withdrawal under subsection (h)(1)(A) may make one
withdrawal of any amount as a single payment in accordance
with subsection (b)(2) from the employee's or Member's
account.
``(2) An employee or Member may request that the amount
withdrawn from the Thrift Savings Fund in accordance with
subsection (b)(2) be transferred to an eligible retirement
plan.
``(3) The Executive Director shall make each transfer
elected under paragraph (2) directly to an eligible
retirement plan or plans (as defined in section 402(c)(8) of
the Internal Revenue Code of 1986) identified by the
employee, Member, former employee, or former Member for whom
the transfer is made.
``(4) A transfer may not be made for an employee, Member,
former employee, or former Member under paragraph (2) until
the Executive Director receives from that individual the
information required by the Executive Director specifically
to identify the eligible retirement plan or plans to which
the transfer is to be made.'';
(2) in subsection (d)--
(A) in paragraph (1) by striking out ``Subject to paragraph
(3)(A)'' and inserting in lieu thereof ``Subject to paragraph
(3)'';
(B) by striking out paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as redesignated under subparagraph
(B) of this paragraph)--
(i) in subparagraph (A) by striking out ``(A) by striking
out ``(A)''; and
(ii) by striking out subparagraph (B);
(3) in subsection (f)(1)--
(A) by striking out ``$3,500 or less'' and inserting in
lieu thereof ``less than an amount that the Executive
Director prescribes by regulation; and
(B) by striking out ``unless the employee or Member elects,
at such time and otherwise in such manner as the Executive
Director prescribes, one of the options available under
subsection (b), or'' and inserting a comma;
(4) in subsection (f)(2)--
(A) by striking out ``February 1'' and inserting in lieu
thereof ``April 1'';
(B) in subparagraph (A)--
(i) by striking out ``65'' and inserting in lieu thereof
``70\1/2\''; and
(ii) by inserting ``or'' after the semicolon;
(C) by striking out subparagraph (B); and
(D) by redesignating subparagraph (C) as subparagraph (B);
(5) in subsection (g)--
(A) in paragraph (1) by striking out ``after December 31,
1987, and'', and by adding at the end of the paragraph the
following sentence: ``Before a loan is issued, the Executive
Director shall provide in writing the employee or Member with
appropriate information concerning the cost of the loan
relative to other sources of financing, as well as the
lifetime cost of the loan, including the difference in
interest rates between the funds offered by the Thrift
Savings Fund, and any other effect of such loan on the
employee's or Member's final account balance.''; and
(B) by striking out paragraph (2) and redesignating
paragraphs (3) through (5) as paragraphs (2) through (4),
respectively; and
(6) by adding after subsection (g) the following new
subsection:
``(h)(1) An employee or Member may apply, before
separation, to the Board for permission to withdraw an amount
from the employee's or Member's account based upon--
``(A) the employee or Member having attained age 59\1/2\;
or
``(B) financial hardship.
``(2) A withdrawal under paragraph (1)(A) shall be
available to each eligible participant one time only.
``(3) A withdrawal under paragraph (1)(B) shall be
available only for an amount not exceeding the value of that
portion of such account which is attributable to
contributions made by the employee or Member under section
8432(a) of this title.
``(4) Withdrawals under paragraph (1) shall be subject to
such other conditions as the Executive Director may prescribe
by regulation.
``(5) A withdrawal may not be made under this subsection
unless the requirements of section 8435(e) of this title are
satisfied.''.
(b) Invalidity of Certain Prior Elections.--Any election
made under section 8433(b)(2) of title 5, United States Code
(as in effect before the effective date of this title), with
respect to an annuity which has not commenced before the
implementation date of this title as provided by regulation
by the Executive Director in accordance with section 207 of
this title, shall be invalid.
sec. 204. survivor annuities for former spouses; notice to federal
employees retirement system spouses for in-service withdrawals
Section 8435 of title 5, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) by striking out ``may make an election under subsection
(b)(3) or (b)(4) or section 8433 of this title or change an
election previously made under subsection (b)(1) or (b)(2) of
such section'' and inserting in lien thereof ``may withdraw
all or part of a Thrift Savings Fund account under subsection
(b) (2), (3), or (4) of section 8433 of this title or change
a withdrawal election''; and
[[Page 2577]]
(B) by adding at the end thereof ``A married employee or
Member (or former employee or Member) may make a withdrawal
from a Thrift Savings Fund account under subsection (c)(1) of
section 8433 of this title only if the employee or Member (or
former employee or Member) satisfies the requirements of
subparagraph (B).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking out ``An election, change of election, or
modification of the commencement date of a deferred annuity''
and inserting in lieu thereof ``An election or change of
election''; and
(ii) by striking out ``modification, or transfer'' and
inserting in lien thereof ``or transfer''; and
(B) in paragraph (2) in the matter following subparagraph
(B)(ii) by striking out ``modification,'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``or withdrawal'' after ``A loan;'';
(II) by inserting ``and (h)'' after ``8433(g)''; and
(III) by inserting ``or withdrawal'' after ``such loan'';
(ii) in subparagraph (B) by inserting ``or withdrawal''
after ``loan''; and
(iii) in subparagraph (C)--
(I) by inserting ``or withdrawal'' after ``to a loan''; and
(II) by inserting ``or withdrawal'' after ``for such
loan''; and
(B) in paragraph (2)--
(i) by inserting ``or withdrawal'' after ``loan''; and
(ii) by inserting ``and (h)'' after ``8344(g)''; and
(4) in subsection (g)--
(A) by inserting ``or withdrawals'' after ``loans''; and
(B) by inserting ``and (h)'' after ``8344(g)''.
sec. 205. de minimus accounts relating to the judiciary
(a) Justices and Judges.--Section 8440a(b)(7) of title 5,
United States Code, is amended--
(1) by striking out ``$3,500 or less'' and inserting in
lieu thereof ``less than an amount that the Executive
Director prescribes by regulation''; and
(2) by striking out ``unless the justice or judge elects,
at such time and otherwise in such manner as the Executive
Director prescribes, one of the options available under
section 8433(b)''.
(b) Bankruptcy Judges and Magistrates.--Section 8440b(b) of
title 5, United States Code, is amended--
(1) in paragraph (7) in the first sentence by inserting
``of the distribution'' after ``equal to the amount''; and
(2) in paragraph (8)--
(A) by striking out ``$3,500 or less'' and inserting in
lieu thereof ``less than an amount that the Executive
Director prescribes by regulation''; and
(B) by striking out ``unless the bankruptcy judge or
magistrate elects, at such time and otherwise in such manner
as the Executive Director prescribes, one of the options
available under subsection (b)''.
(c) Federal Claims Judges.--Section 8440c(b) of title 5,
United States Code, is amended--
(1) in paragraph (7) in the first sentence by inserting
``of the distribution'' after ``equal to the amount''; and
(2) in paragraph (8)--
(A) by striking out ``$3,500 or less'' and inserting in
lieu thereof ``less than an amount that the Executive
Director prescribes by regulation''; and
(B) by striking out ``unless the judge elects, at such time
and otherwise in such manner as the Executive Director
prescribes, one of the options available under section
8433(b)''.
sec. 206. definition of basic pay
(a) In General.--(1) Section 8401(4) of title 5, United
States Code, is amended by striking out ``except as provided
in subchapter III of this chapter,''.
(2) Section 8431 of title 5, United States Code, is
repealed.
(b) Technical and Conforming Amendments.--(1) The table of
sections for chapter 84 of title 5, United States Code, is
amended by striking out the item relating to section 8431.
(2) Section 5545a(h)(2)(A) of title 5, United States Code,
is amended by striking out ``8431,''.
(3) Section 615(f) of the Treasury, Postal Service, and
General Government Appropriations Act, 1996 (Public Law 104-
52; 109 Stat. 500; 5 U.S.C. 5343 note) is amended by striking
out ``section 8431 of title 5, United States Code,''.
sec. 207. effective date
This title shall take effect on the date of the enactment
of this Act and withdrawals and elections as provided under
the amendments made by this title shall be made at the
earliest practicable date as determined by the Executive
Director in regulations.
Sec. 660. Notwithstanding Section 613, interagency
financing is authorized to carry out the purposes of the
National Bioethics Advisory Commission.
Sec. 661. (a) Designation.--The United States courthouse to
be constructed at 111 South 18th Plaza, Omaha, Nebraska,
shall be known and designated as the ``Roman L. Hruska United
States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
United States courthouse referred to in section 1 shall be
deemed to be a reference to the ``Roman L. Hruska United
States Courthouse''.
Sec. 662. (a) Provisions Relating to Title 39, United
States Code.--
``(1) Appointment and removal of inspector general.--
Section 202 of title 39, United States Code, is amended by
adding at the end the following:
``(e)(1) The Governors shall appoint and shall have the
power to remove the Inspector General.
``(2) The Inspector General shall be appointed--
``(A) for a term of 7 years;
``(B) without regard to political affiliation; and
``(C) solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or
investigations.
``(3) The Inspector General may at any time be removed upon
the written concurrence of at least 7 Governors, but only for
cause. Nothing in this subsection shall be considered to
exempt the Governors from the requirements of section 8G(e)
of the Inspector General Act of 1978.''.
(2) Definition.--Section 102 of title 39, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) `Inspector General' means the Inspector General
appointed under section 202(e) of this title.''.
(3) Separate item in annual budget.--For purposes of the
fifth sentence of section 2009 of title 39, United States
Code, the operations of the Office of Inspector General of
the United States Postal Service shall be considered a major
type of activity.
(b) Amendments to the Inspector General Act of 1978.--
(1) Governors as head of the postal service.--Section
8G(a)(4) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by striking ``except that'' and all that follows
through the semicolon and inserting ``except that--
``(A) with respect to the National Science Foundation, such
term means the National Science Board; and
``(B) with respect to the United States Postal Service,
such term means the Governors (within the meaning of section
102(3) of title 39, United States Code);''.
(2) Special rules relating to the united states postal
service.--Subsection (f) of section 8G of such Act is amended
to read as follows:
``(f)(1) For purposes of carrying out subsection (c) with
respect to the United States Postal Service, the appointment
provisions of section 202(e) of title 39, United States Code,
shall be applied.
``(2) In carrying out the duties and responsibilities
specified in this Act, the Inspector General of the United
States Postal Service (hereinafter in this subsection
referred to as the `Inspector General') shall have oversight
responsibility for all activities of the Postal Inspection
Service, including any internal investigation performed by
the Postal Inspection Service. The Chief Postal Inspector
shall promptly report the significant activities being
carried out by the Postal Inspection Service to such
Inspector General.
``(3)(A)(i) Notwithstanding subsection (d), the Inspector
General shall be under the authority, direction, and control
of the Governors with respect to audits or investigations, or
the issuance of subpoenas, which require access to sensitive
information concerning--
``(I) ongoing civil or criminal investigations or
proceedings;
``(II) undercover operations;
``(III) the identity of confidential sources, including
protected witnesses;
``(IV) intelligence or counterintelligence matters; or
``(V) other matters the disclosure of which would
constitute a serious threat to national security.
``(ii) With respect to the information described under
clause (i), the Governors may prohibit the Inspector General
from carrying out or completing any audit or investigation,
or from issuing any subpoena, after such Inspector General
has decided to initiate, carry out, or complete such audit or
investigation or to issue such subpoena, if the Governors
determine that such prohibition is necessary to prevent the
disclosure of any information described under clause (i) or
to prevent the significant impairment to the national
interests of the United States.
``(iii) If the Governors exercise any power under clause
(i) or (ii), the Governors shall notify the Inspector General
in writing stating the reasons for such exercise. Within 30
days after receipt of any such notice, the Inspector General
shall transmit a copy of such notice to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or
subcommittees of the Congress.
``(B) In carrying out the duties and responsibilities
specified in this Act, the Inspector General--
``(i) may initiate, conduct and supervise such audits and
investigations in the United States Postal Service as the
Inspector General considers appropriate; and
``(ii) shall give particular regard to the activities of
the Postal Inspection Service with a view toward avoiding
duplication and in
[[Page 2578]]
suring effective coordination and cooperation.
``(C) Any report required to be transmitted by the
Governors to the appropriate committees or subcommittees of
the Congress under section 5(d) shall also be transmitted,
within the seven-day period specified under such section, to
the Committee on Governmental Affairs of the Senate and the
Committee on Government Reform and Oversight of the House of
Representatives.
``(3) Nothing in this Act shall restrict, eliminate, or
otherwise adversely affect any of the rights, privileges, or
benefits of either employees of the United States Postal
Service, or labor organizations representing employees of the
United States Postal Service, under chapter 12 of title 39,
United States Code, the National Labor Relations Act, any
handbook or manual affecting employee labor relations with
the United States Postal Service, or any collective
bargaining agreement.
``(4) As used in this subsection, the term `Governors' has
the meaning given such term by section 102(3) of title 39,
United States Code.''.
(3) Technical correction.--The Inspector General Act of
1978 is amended by redesignating the second section which is
designated as section 8G as section 8H.
(c) Provisions Relating to Compensation.--
(1) Inspector general.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Inspector General, United States Postal Service.''.
The amendment made by the preceding sentence shall apply
notwithstanding section 410 or any other provision of title
39, United States Code.
(2) Officers and employees of the office of inspector
general of the united states postal service; postal
inspectors.--
(A) In general.--Sectin 1003 of title 39, United States
Code, is amended--
(i) by redesignating subsection (b) as subsection (d); and
(ii) by inserting after subsection (a) the following:
``(b) Compensation and benefits for all officers and
employees serving in or under the Office of Inspector General
of the United States Postal Service shall be maintained on a
standard of comparability to the compensation and benefits
paid for comparable levels of work in the respective Offices
of Inspector General of the various establishments named in
section 11(2) of the Inspector General Act of 1978.
``(c) Compensation and benefits for all Postal Inspectors
shall be maintained on a standard of comparability to the
compensation and benefits paid for comparable levels of work
in the executive branch of the Government outside of the
Postal Service. As used in this subsection, the term `Postal
Inspector' included any agent to whom any investigative
powers are granted under section 3061 of title 18.''.
(B) Conforming amendment.--The first sentence of section
1003(a) of title 39, United States Code, is amended by
striking ``chapters 2 and 12 of this title'' and inserting
``chapters 2 and 12 of this title, section 8G of the
Inspector General Act of 1978,''.
(d) Strategic Plans.--
(1) Office of inspector general of the united states postal
service.--
(A) In general.--Strategic plans shall be prepared under
this paragraph addressing staffing requirements, general
goals and objectives for major functions and operations of
the Office of Inspector General of the United States Postal
Service, and how goals and objectives of the Office are to be
achieved, including a description of operational processes,
skills and technology, and the human, capital, information,
and other resources required to meet those goals and
objectives.
(B) Specific requirements.--Plans under this paragraph--
(i) shall be prepared by the Inspector General of the
United States Postal Service;
(ii) shall each cover a 5-year period (the beginning and
ending dates of which shall be specified in each such plan);
and
(iii) shall be included, as part of the annual budget
required under section 2009 of title 39, United States Code,
at least every 3 years.
(C) First submission.--The first plan under this paragraph
shall be prepared in time to be included with the annual
budget under section 2009 of title 39, United States Code,
next due to be submitted after the end of the 6-month period
beginning on the date of the appointment of the first
Inspector General to be appointed pursuant to the amendments
made by this section.
(2) Postal inspection service.--The Chief Postal Inspector
shall, with respect to the Postal Inspection Service, prepare
a strategic plan similar in content to that required under
paragraph (1)(A) with respect to the Office of Inspector
General of the United States Postal Service. Such plan shall
be prepared in time to be included with the annual budget
under section 2009 of such title 39 next due to be submitted
after the end of the 30-day period beginning on the date of
the enactment of this Act.
(e) First Appointment; Transfers; Transition Provision.--
(1) First appointment.--The first Inspector General of the
United States Postal Service appointed pursuant to the
amendments made by this section shall be appointed before the
end of the 90-day period beginning on the date of the
enactment of this Act.
(2) Transfers.--
(A) In general.--All measures described in section 8G(b) of
the Inspector General Act of 1978 necessary to establish an
Office of Inspector General within the United States Postal
Service pursuant to this section, including all appropriate
transfers, shall occur--
(i) no earlier than the date the appointment under
paragraph (1) is made; and
(ii) no later than 60 days after the date the appointment
under paragraph (1) is made.
(B) Provisions relating to personnel.--
(i) Consultation.--Decisions concerning which personnel are
to be transferred pursuant to subparagraph (A) shall be made
by the Governors (within the meaning of section 102(3) of
title 39, United States Code) in consultation with the
Inspector General appointed under paragraph (1).
(ii) Transferred personnel.--Personnel transferred pursuant
to subparagraph (A) shall, to the extent not inconsistent
with other provisions of this subsection, be transferred in
accordance with applicable laws and regulations relating to
the transfer of functions within the United States Postal
Service, except that, notwithstanding any provision of
section 1003(b) of title 39, United States Code, as amended
by this section, the classification and compensation of such
personnel shall not be reduced, by reason of having been
transferred, for 1 year after being so transferred.
(3) Transition provision.--The Chief Postal Inspector may
continue to serve as Inspector General of the United States
Postal Service until the date on which an Inspector General
is appointed under paragraph (1) or, if earlier, the end of
the period referred to in such paragraph. Compensation for
any service under this paragraph shall be determined as if
this section had not been enacted.
(f) Technical and Conforming Amendments.--
(1) Section 410(b) of title 39, United States Code, is
amended--
(A) by striking ``and'' at the end of paragraph (9); and
(B) by amending paragraph (10) to read as follows:
``(10) the Inspector General Act of 1978; and''
(2)(A) Section 204 of such title 39 is amended--
(i) by amending the section heading to read as follows:
Sec. 204. General Counsel; Judicial Officer; Chief Postal
Inspector'';
(ii) in the first sentence by striking ``and a Judicial
Officer.'' and inserting ``a Judicial Officer, and a Chief
Postal Inspector.'';
(iii) in the second sentence by striking ``and the Judicial
Officer'' and inserting ``the Judicial Officer, and the Chief
Postal Inspector''; and
(iv) by adding at the end the following: ``The Chief Postal
Inspector shall report to, and be under the general
supervision of, the Postmaster General. The Postmaster
General shall promptly notify the Governors and both Houses
of Congress in writing if he or she removes the Chief Postal
Inspector or transfers the Chief Postal Inspector to another
position or location within the Postal Service, and shall
include in any such notification the reasons for the removal
or transfer.''.
(B) The table of sections for chapter 2 of such title 39 is
amended by striking the item relating to section 204 and
inserting the following:
``204. General Counsel; Judicial Officer; Chief Postal Inspector.''.
Sec. 663. Voluntary Separation Incentives for Employees of
Certain Federal Agencies.--(a) Definitions.--For the purposes
of this section--
(1) the term ``agency'' means any Executive agency (as
defined in section 105 of title 5, United States Code), other
than an Executive agency (except an agency receiving such
authority in the Department of Transportation Appropriations
Act, 1997) that is authorized by any other provision of this
Act or any other Act to provide voluntary separation
incentive payments during all, or any part of, fiscal year
1997; and
(2) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed
by an agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the agency;
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability
retirement under subchapter III of chapter 83 or chapter 84
of title 5, United States Code, or another retirement system
for employees of the agency;
(C) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
(D) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation incentive
payment under section 3 of such Act;
(E) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this section or any other authority and has not repaid such
payment;
(F) an employee covered by statutory reemployment rights
who is on transfer to another organization; or
(G) any employee who, during the twenty four month period
preceding the date of separation, has received a recruitment
or relo
[[Page 2579]]
cation bonus under section 5753 of title 5, United States
Code, or who, within the twelve month period preceding the
date of separation, received a retention allowance under
section 5754 of title 5, United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The head of each agency, prior to
obligating any resources for voluntary separation incentive
payments, shall submit to the House and Senate Committees on
Appropriations and the Committee on Governmental Affairs of
the Senate and the Committee on Government Reform and
Oversight of the House of Representatives a strategic plan
outlining the intended use of such incentive payments and a
proposed organizational chart for the agency once such
incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit, geographic
location, occupational category and grade level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate without
the eliminated positions and functions.
(c) Authority to Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive payment
under this section may be paid by an agency to any employee
only to the extent necessary to eliminate the positions and
functions identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code; or
(ii) an amount determined by the agency head not to exceed
$25,000;
(D) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or
resignation) before December 31, 1997;
(E) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
(F) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent
of the final basic pay of each employee of the agency who is
covered under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, to whom a voluntary separation
incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year
of service by such employee, computed using the employee's
final rate of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--
An individual who has received a voluntary separation
incentive payment under this section and accepts any
employment for compensation with the Government of the United
States, or who works for any agency of the United States
Government through a personal services contract, within 5
years after the date of the separation on which the payment
is based shall be required to pay, prior to the individual's
first day of employment, the entire amount of the incentive
payment to the agency that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who
has received, or is due to receive, a voluntary separation
incentive payment under this section. For the purposes of
this subsection, positions shall be counted on a full-time
equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Effective Date.--This section shall take effect October
1, 1996.
SEC. 664. ELECTRONIC BENEFIT TRANSFER PILOT.
Title 31, United States Code, is amended by inserting after
section 3335 the following new section:
``Sec. 3336. Electronic benefit transfer pilot
``(a) The Congress finds that:
``(1) Electronic benefit transfer (EBT) is a safe,
reliable, and economical way to provide benefit payments to
individuals who do not have an account at a financial
institution.
``(2) The designation of financial institutions as
financial agents of the Federal Government for EBT is an
appropriate and reasonable use of the Secretary's authority
to designate financial agents.
``(3) A joint federal-state EBT system offers convenience
and economies of scale for those states (and their citizens)
that wish to deliver state-administered benefits on a single
card by entering into a partnership with the federal
government.
``(4) The Secretary's designation of a financial agent to
deliver EBT is a specialized service not available through
ordinary business channels and may be offered to the states
pursuant to section 6501 et seq. of this title.
``(b) The Secretary shall continue to carry out the
existing EBT pilot to disburse benefit payments
electronically to recipients who do not have an account at a
financial institution, which shall include the designation of
one or more financial institutions as a financial agent of
the Government, and the offering to the participating states
of the opportunity to contract with the financial agent
selected by the Secretary, as described in the Invitation for
Expressions of Interest to Acquire EBT Services for the
Southern Alliance of States dated March 9, 1995, as amended
as of June 30, 1995, July 7, 1995, and August 1, 1995.
``(c) The selection and designation of financial agents,
the design of the pilot program, and any other matter
associated with or related to the EBT pilot described in
subsection (b) shall not be subject to judicial review.''
SEC. 665. DESIGNATION OF FINANCIAL AGENTS.
1. 12 U.S.C. 90 is amended by adding at the end thereof the
following:
``Notwithstanding the Federal Property and Administrative
Services Act of 1949, as amended, the Secretary may select
associations as financial agents in accordance with any
process the Secretary deems appropriate and their reasonable
duties may include the provision of electronic benefit
transfer services (including State-administered benefits with
the consent of the States), as defined by the Secretary.''.
2. Make conforming amendments to 12 U.S.C. 265, 266, 391,
1452(d), 1767, 1789a, 2013, 2122 and to 31 U.S.C. 3122 and
3303.
TITLE VII--COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For an additional amount for the necessary expenses of the
Office of Foreign Assets Control, $288,000: Provided, That of
the amount provided, $288,000 is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Office of Inspector General
salaries and expenses
For an additional amount for the necessary expenses of the
Office of Inspector General $34,000, to remain available
until expended: Provided, That of the amount provided,
$34,000 is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
counterterrorism fund
For necessary expenses, as determined by the Secretary,
$15,000,000, to remain available until expended, to reimburse
any Department of the Treasury organization for the costs of
providing support to counter, investigate, or prosecute
terrorism, including payment of rewards in connection with
these activities: Provided, That the entire amount of this
appropriation shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to Congress: Provided further, That the entire
amount is designated by Congress as an emergency
appropriation pursuant to section 251(b)(2)(D)(i) of such
Act.
Federal Law Enforcement Training Center
salaries and expenses
For an additional amount for the necessary expenses of the
Federal Law Enforcement Training Center, $1,354,000, to
remain available until expended: Provided, That of the amount
provided, $1,354,000 is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
acquisition, construction, improvement, and related expenses
For an additional amount for the necessary expenses for the
acquisition, construction, improvement, and related expenses,
$2,700,000, to remain available until expended: Provided,
That of the amount provided, $2,700,00 is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Financial Management Service
salaries and expenses
For an additional amount for the necessary expenses of the
Financial Management Service, $449,000, to remain available
[[Page 2580]]
until expended: Provided, That of the amount provided,
$449,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balance Budget and Emergency Deficit Control Act of 1985, as
amended.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For an additional amount for the necessary expenses of the
Bureau of Alcohol, Tobacco and Firearms, $66,423,000; of
which $3,500,000 shall be available for the construction and
expansion of a canine training facility, to remain available
until expended, of which $3,000,000 shall be available for
conducting a study of car bomb explosives, to remain
available until expended; and of which $6,700,000, to remain
available until expended, for relocation of the Bureau's
headquarters building and laboratory facilities; Provided,
That of the amount provided, $66,423,000 is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Customs Service
salaries and expenses
For an additional amount for the necessary expense of the
United States Customs Service, $62,335,000; of which not to
exceed $26,400,000 shall be available until expended for
funding non-competitive cooperative agreements with air
carriers, airports, or other cargo authorities, which provide
for the Customs Service to purchase and assist in installing
advanced air cargo inspection equipment for the joint use of
such entities and the United States Customs Service:
Provided, That of the amount provided, $62,335,000 is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended,
Internal Revenue Service
processing, assistance and management
For an additional amount for the necessary expenses for the
processing, assistance and management, $10,488,000, to remain
available until expended: Provided, That of the amount
provided, $10,488,000 is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
United States Secret Service,
salaries and expenses
For an additional amount for the necessary expenses of the
United States Secret Service $3,026,000, to remain available
until expended: Provided, That of the amount provided,
$3,026,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
INDEPENDENT AGENCIES
Office of Personnel Management
salaries and expenses
For an additional amount for the necessary expenses of the
Office of Personnel Management $210,000, to remain available
until expended: Provided, That of the amount provided,
$210,000 is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
FUNDS APPROPRIATED TO THE PRESIDENT
Federal Drug Control Programs
special forfeiture fund
(including transfer of funds)
For activities authorized by Public Law 100-690, as
amended, $112,900,000, of which $42,000,000 shall be
transferred to the United States Customs Service for the
conversion of P-3AEW aircraft for the air interdiction
program; of which $10,000,000 shall be available for transfer
to other Federal agencies for methamphetamine reduction
efforts; and of which $60,900,000 shall be available to the
Director of the Office of National Drug Control Policy for
enhancing other drug control activities, including transfer
to other Federal agencies: Provided, That of the amount
provided, $112,900,000 is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended to become available only upon receipt by the
Congress of a supplemental request from the President
requesting such designation.
TITLE VIII--FEDERAL FINANCIAL MANAGEMENT IMPROVEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Federal Financial
Management Improvement Act of 1996.''
SEC. 802. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Much effort has been devoted to strengthening Federal
internal accounting controls in the past. Although progress
has been made in recent years, Federal accounting standards
have not been uniformly implemented in financial management
systems for agencies.
(2) Federal financial management continues to be seriously
deficient, and Federal financial management and fiscal
practices have failed to--
(A) identify costs fully;
(B) reflect the total liabilities of congressional actions;
and
(C) accurately report the financial condition of the
Federal Government.
(3) Current Federal accounting practices do not
accurately report financial results of the Federal Government
or the full costs of programs and activities. The continued
use of these practices undermines the Government's ability to
provide credible and reliable financial data and encourages
already widespread Government waste, and will not assist in
achieving a balanced budget.
(4) Waste and inefficiency in the Federal Government
undermine the confidence of the American people in the
government and reduce the federal Government's ability to
address vital public needs adequately.
(5) To rebuild the accountability and credibility of the
Federal Government, and restore public confidence in the
Federal Government, agencies must incorporate accounting
standards and reporting objectives established for the
Federal Government into their financial management systems so
that all the assets and liabilities, revenues, and
expenditures or expenses, and the full costs of programs and
activities of the Federal Government can be consistently and
accurately recorded, monitored, and uniformly reported
throughout the Federal Government.
(6) Since its establishment in October 1990, the Federal
Accounting Standards Advisory Board (hereinafter referred to
as the ``FASAB'') has made substantial progress toward
developing and recommending a comprehensive set of accounting
concepts and standards for the Federal Government. When the
accounting concepts and standards developed by FASB are
incorporated into Federal financial management systems,
agencies will be able to provide cost and financial
information that will assist the Congress and financial
managers to evaluate the cost and performance of Federal
programs and activities, and will therefore provide important
information that has been lacking, but is needed for improved
decision making by financial managers and the Congress.
(7) The development of financial management systems with
the capacity to support these standards and concepts will,
over the long term, improve Federal financial management.
(b) Purpose.--The purposes of this Act are to--
(1) provide for consistency of accounting by an agency from
one fiscal year to the next, and uniform accounting standards
throughout the Federal Government;
(2) require Federal financial management systems to support
full disclosure of Federal financial data, including the full
costs of Federal programs and activities, to the citizens,
the Congress, the President, and agency management, so that
programs and activities can be considered based on their full
costs and merits;
(3) increase the accountability and credibility of federal
financial management;
(4) improve performance, productivity and efficiency of
Federal Government financial management;
(5) establish financial management systems to support
controlling the cost of Federal Government;
(6) build upon and complement the Chief Financial Officers
Act of 1990 (Public Law 101-576; 104 Stat. 2838), the
Government Performance and Results Act of 1993 (Public Law
103-62; 107 Stat. 285) and the Government Management Reform
Act of 1994 (Public Law 103-356; 108 Stat. 3410); and
(7) increase the capability of agencies to monitor
execution of the budget by more readily permitting reports
that compare spending of resources to results of activities.
SEC. 803 IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT
IMPROVEMENTS.
(a) In General.--Each agency shall implement and maintain
financial management systems that comply substantially with
Federal financial management systems requirements, applicable
Federal accounting standards, and the United States
Government Standard General Ledger at the transaction level.
(b) Audit Compliance Finding.--
(1) In general.--Each audit required by section 3521(e) of
title 31, United States Code, shall report whether the agency
financial management systems comply with the requirements of
subsection (a).
(2) Content of Reports.--When the person performing the
audit required by section 3521(e) of title 31, United States
Code, reports that the agency financial management systems do
not comply with the requirements of subsection (a), the
person performing the audit shall include in the report on
the audit--
(A) the entity or organization responsible for the
financial management systems that have been found not to
comply with the requirements of subsection (a);
(B) all facts pertaining to the failure to comply with the
requirements of subsection (a), including--
(i) the nature and extent of the noncompliance including
areas in which there is substantial but not full compliance;
(ii) the primary reason or cause of the noncompliance;
(iii) the entity or organization responsible for the non-
compliance; and
(iv) any relevant comments from any responsible officer or
employee; and
[[Page 2581]]
(C) a statement with respect to the recommended remedial
actions and the time frames to implement such actions.
(c) Complaince Implementation.--
(1) Determination.--No later than the date described under
paragraph (2), the Head of an agency shall determine whether
the financial management systems of the agency comply with
the requirements of subsection (a). Such determination shall
be based on--
(A) a review of the report on the applicable agency-wide
audited financial statement;
(B) any other information the Head of the agency considers
relevant and appropriate.
(2) Date of determination.--The determination under
paragraph (1) shall be made no later than 120 days after the
earlier of--
(A) the date of the receipt of an agency-wide audited
financial statement; or
(B) the last day of the fiscal year following the year
covered by such statement.
(3) Remediation plan.--
(A) If the Head of an agency determines that the agency's
financial management systems do not comply with the
requirements of subsection (a), the head of the agency, in
consultation with the Director, shall establish a remediation
plan that shall include resources, remedies, and intermediate
target dates necessary to bring the agency's financial
management systems into substantial compliance.
(B) If the determination of the head of the agency differs
from the audit compliance findings required in subsection
(b), the Director shall review such determinations and
provide a report on the findings to the appropriate
committees of the Congress.
(4) Time period for compliance.--A remediation plan shall
bring the agency's financial management systems into
substantial compliance no later than 3 years after the date a
determination is made under paragraph (1), unless the agency,
with concurrence of the Director--
(A) determines that the agency's financial management
systems cannot comply with the requirements of subsection (a)
within 3 years;
(B) specifies the most feasible date for bringing the
agency's financial management systems into compliance with
the requirements of subsection (a); and
(C) designates an official of the agency who shall be
responsible for bringing the agency's financial management
systems into compliance with the requirements of subsection
(a) by the date specified under subparagraph (B).
SEC. 804. REPORTING REQUIREMENTS.
(a) Reports by the Director.--No later than March 31 of
each year, the Director shall submit a report to the Congress
regarding implementation of this Act. The Director may
include the report in the financial management status report
and the 5-year financial management plan submitted under
section 3512(a)(1) of title 31, United States Code.
(b) Reports by the Inspector General.--Each Inspector
General who prepares a report under section 5(a) of the
Inspector General Act of 1978 (5 U.S.C. App.) shall report to
Congress instances and reasons when an agency has not met the
intermediate target dates established in the remediation plan
required under section 3(c). Specifically the report shall
include--
(1) the entity or organization responsible for the non-
compliance;
(2) the facts pertaining to the failure to comply with the
requirements of subsection (a), including the nature and
extent of the non-compliance, the primary reason or cause for
the failure to comply, and any extenuating circumstances; and
(3) a statement of the remedial actions needed to comply.
(c) Reports by the Comptroller General.--No later than
October 1, 1997, and October 1, of each year thereafter, the
Comptroller General of the United States shall report to the
appropriate committees of the Congress concerning--
(1) compliance with the requirements of section 3(a) of
this Act, including whether the financial statements of the
Federal Government have been prepared in accordance with
applicable accounting standards; and
(2) the adequacy of applicable accounting standards for the
Federal Government.
SEC. 805. CONFORMING AMENDMENTS.
(a) Audits by Agencies.--Section 3521(f)(1) of title 31,
United States Code, is amended in the first sentence by
inserting ``and the Controller of the Office of Federal
Financial Management'' before the period.
(b) Financial Management Status Report.--Section 3512(a)(2)
of title 31, United States Code, is amended by--
(1) in subparagraph (D) by striking ``and' after the
semicolon;
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
``(E) a listing of agencies whose financial management
systems do not comply substantially with the requirements of
Section 3(a) the Federal Financial Management Improvement Act
of 1996, and a summary statement of the efforts underway to
remedy the noncompliance; and''
(c) Inspector General Act of 1978.--Section 5(a) of the
Inspector General Act of 1978 is amended--
(1) in paragraph (11) by striking ``and'' after the
semicolon;
(2) in paragraph (12) by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the information described under section 05(b) of
the Federal Financial Management Improvement Act of 1996.''
SEC. 806. DEFINITIONS.
For purposes of this title:
(1) Agency.--The term ``agency'' means a department or
agency of the United States Government as defined in section
901(b) of title 31, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Federal Accounting Standards.--The term ``Federal
accounting standards'' means applicable accounting
principles, standards, and requirements consistent with
section 902(a)(3)(A) of title 31, United States Code.
(4) Financial management systems.--The term ``financial
management systems'' includes the financial systems and the
financial portions of mixed systems necessary to support
financial management, including automated and manual
processes, procedures, controls, data, hardware, software,
and support personnel dedicated to the operation and
maintenance of system functions.
(5) Financial system.--The term ``financial system''
includes an information system, comprised of one or more
applications, that is used for--
(A) collecting, processing, maintaining, transmitting, or
reporting data about financial events;
(B) supporting financial planning or budgeting activities;
(C) accumulating and reporting costs information; or
(D) supporting the preparation of financial statements.
(6) Mixed system.--The term ``mixed system'' means an
information system that supports both financial and
nonfinancial functions of the Federal Government or
components thereof.
SEC. 807. EFFECTIVE DATE.
This title shall take effect for the fiscal year ending
September 30, 1997.
SEC. 808. REVISION OF SHORT TITLES.
(a) Section 4001 of Public Law 104-106 (110 Stat. 642; 41
U.S.C. 251 note) is amended to read as follows:
SEC. 4001. SHORT TITLE.
``This division and division E may be cited as the
`Clinger-Cohen Act of 1996'.''.
(b) Section 5001 of Public Law 104-106 (110 Stat. 679; 40
U.S.C. 1401 note) is amended to read as follows:
``SEC. 5001. SHORT TITLE.
``This division and division D may be cited as the
`Clinger-Cohen Act of 1996'.''
(c) Any reference in any law, regulation, document, record,
or other paper of the United States to the Federal
Acquisition Reform Act of 1996 or to the Information
Technology Management Reform Act of 1996 shall be considered
to be a reference to the Clinger-Cohen Act of 1996.
This Act may be cited as the ``Treasury, Postal Service,
and General Government Appropriations Act, 1997''.
TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION
SEC. 2001. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS
(a) Short Title.--This title may be cited as the ``Economic
Growth and Regulatory Paperwork Reduction Act of 1996''.
(b) Table of Contents.--The table of contents for this
title is as follows:
TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION
Sec. 2001. Short title; table of contents; definitions
Subtitle A--Streamlining the Home Mortgage Lending Process
Sec. 2101. Simplification and unification of disclosures required under
RESPA and TILA for mortgage transactions.
Sec. 2102. General exemption authority for loans.
Sec. 2103. Reductions in Real Estate Settlement Procedures Act of 1974
regulatory burdens.
Sec. 2104. Waiver for certain borrowers.
Sec. 2105. Alternative disclosures for adjustable rate mortgages.
Sec. 2106. Restitution for violations of the Truth in Lending Act.
Sec. 2107. Limitation on liability under the Truth in Lending Act.
Subtitle B--Streamlining Government Regulation
Chapter 1--Eliminating Unnecessary Regulatory Requirements and
Procedures
Sec. 2201. Elimination of redundant approval requirement for Oakar
transactions.
Sec. 2202. Elimination of duplicative requirements imposed upon bank
holding companies.
Sec. 2203. Elimination of the per branch capital requirement for
national banks and State member banks.
Sec. 2204. Elimination of branch application requirements for automatic
teller machines.
Sec. 2205. Elimination of requirement for approval of investments in
bank premises for well capitalized and well managed
banks.
Sec. 2206. Elimination of approval requirement for divestitures.
Sec. 2207. Streamlined nonbanking acquisitions by well capitalized and
well managed banking organizations.
Sec. 2208. Elimination of unnecessary filing for officer and director
appointments.
Sec. 2209. Amendments to the Depository Institution Management
Interlocks Act.
[[Page 2582]]
Sec. 2210. Elimination of recordkeeping and reporting requirements for
officers.
Sec. 2211. Repayment of Treasury loan.
Sec. 2212. Branch closures.
Sec. 2213. Foreign banks.
Sec. 2214. Disposition of foreclosed assets.
Sec. 2215. Exemption authority for antitying provision.
Sec. 2216. FDIC approval of new State bank powers.
Chapter 2--Eliminating Unnecessary Regulatory Burdens
Sec. 2221. Small bank examination cycle.
Sec. 2222. Required review of regulations.
Sec. 2223. Repeal of identification of nonbank financial institution
customers.
Sec. 2224. Repeal of certain reporting requirements.
Sec. 2225. Increase in home mortgage disclosure exemption threshold.
Sec. 2226. Elimination of stock loan reporting requirement.
Sec. 2227. Credit availability assessment.
Chapter 3--Regulatory Micromanagement
Sec. 2241. National bank directors.
Sec. 2242. Paperwork reduction review.
Sec. 2243. State bank representation on Board of Directors of the FDIC.
Sec. 2244. Consultation among examiners.
Subtitle C--Regulatory Impact on Cost of Credit and Credit Availability
Sec. 2301. Audit costs.
Sec. 2302. Incentives for self-testing.
Sec. 2303. Qualified thrift investment amendments.
Sec. 2304. Limited purpose banks.
Sec. 2305. Amendment to Fair Debt Collection Practices Act.
Sec. 2306. Increase in certain credit union loan ceilings.
Sec. 2307. Bank investments in Edge Act and agreement corporations.
Subtitle D--Consumer Credit
Chapter 1--Credit Reporting Reform
Sec. 2401. Short title.
Sec. 2402. Definitions.
Sec. 2403. Furnishing consumer reports; use for employment purposes.
Sec. 2404. Use of consumer reports for prescreening and direct
marketing; prohibition on unauthorized or uncertified use
of information.
Sec. 2405. Consumer consent required to furnish consumer report
containing medical information.
Sec. 2406. Obsolete information and information contained in consumer
reports.
Sec. 2407. Compliance procedures.
Sec. 2408. Consumer disclosures.
Sec. 2409. Procedures in case of the disputed accuracy of any
information in a consumer's file.
Sec. 2410. Charges for certain disclosures.
Sec. 2411. Duties of users of consumer reports.
Sec. 2412. Civil liability.
Sec. 2413. Responsibilities of persons who furnish information to
consumer reporting agencies.
Sec. 2414. Investigative consumer reports.
Sec. 2415. Increased criminal penalties for obtaining information under
false pretenses.
Sec. 2416. Administrative enforcement.
Sec. 2417. State enforcement of Fair Credit Reporting Act.
Sec. 2418. Federal Reserve Board authority.
Sec. 2419. Preemption of State law.
Sec. 2420. Effective date.
Sec. 2421. Relationship to other law.
Sec. 2422. Federal Reserve Board study.
Chapter 2--Credit Repair Organizations
Sec. 2451. Regulation of credit repair organizations.
Sec. 2452. Credit worthiness.
Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance
Protection
Sec. 2501. Short title.
Sec. 2502. CERCLA lender and fiduciary liability limitations
amendments.
Sec. 2503. Conforming amendment.
Sec. 2504. Lender liability rule.
Sec. 2505. Effective date.
Subtitle F--Miscellaneous
Sec. 2601. Federal Reserve Board study.
Sec. 2602. Treatment of claims arising from breach of contracts
executed by the receiver or conservator.
Sec. 2603. Criminal sanctions for fictitious financial instruments and
counterfeiting.
Sec. 2604. Amendments to the Truth in Savings Act.
Sec. 2605. Consumer Leasing Act amendments.
Sec. 2606. Study of corporate credit unions.
Sec. 2607. Report on the reconciliation of differences between
regulatory accounting principles and generally accepted
accounting principles.
Sec. 2608. State-by-State and metropolitan area-by-metropolitan area
study of bank fees.
Sec. 2609. Prospective application of gold clauses in contracts.
Sec. 2610. Qualified family partnerships.
Sec. 2611. Cooperative efforts between depository institutions and
farmers and ranchers in drought-stricken areas.
Sec. 2612. Streamlining process for determining new nonbanking
activities.
Sec. 2613. Authorizing bank service companies to organize as limited
liability partnerships.
Sec. 2614. Retirement certificates of deposits.
Sec. 2615. Prohibitions on certain depository institution associations
with Government-sponsored enterprises.
Subtitle G--Deposit Insurance Funds
Sec. 2701. Short title.
Sec. 2702. Special assessment to capitalize SAIF.
Sec. 2703. Financing corporation funding.
Sec. 2704. Merger of BIF and SAIF.
Sec. 2705. Creation of SAIF special reserve.
Sec. 2706. Refund of amounts in deposit insurance fund in excess of
designated reserve amount.
Sec. 2707. Assessment rates for SAIF members may not be less than
assessment rates for BIF members.
Sec. 2708. Assessments authorized only if needed to maintain the
reserve ratio of a deposit insurance fund.
Sec. 2709. Treasury study of common depository institution charter.
Sec. 2710. Definitions.
Sec. 2711. Deductions for special assessments.
(c) Definitions.--Except as otherwise specified in this
title, the following definitions shall apply for purposes of
this title:
(1) Appraisal subcommittee.--The term ``Appraisal
Subcommittee'' means the Appraisal Subcommittee established
under section 1011 of the Federal Financial Institutions
Examination Council Act of 1978 (as in existence on the day
before the date of enactment of this Act).
(2) Appropriate Federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning
as in section 3 of the Federal Deposit Insurance Act.
(3) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(4) Corporation.--The term ``Corporation'' means the
Federal Deposit Insurance Corporation.
(5) Council.--The term ``Council'' means the Financial
Institutions Examination Council established under section
1004 of the Federal Financial Institutions Examination
Council Act of 1978.
(6) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the Federal
Credit Union Act.
(7) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
Subtitle A--Streamlining the Home Mortgage Lending Process
SEC. 2101. SIMPLIFICATION AND UNIFICATION OF DISCLOSURES
REQUIRED UNDER RESPA AND TILA FOR MORTGAGE
TRANSACTIONS.
(a) In General.--With respect to credit transactions which
are subject to the Real Estate Settlement Procedures Act of
1974 and the Truth in Lending Act, the Board of Governors of
the Federal Reserve System (hereafter in this section
referred to as the ``Board'') and the Secretary of Housing
and Urban Development (hereafter in this section referred to
as the ``Secretary'') shall take such action as may be
necessary before the end of the 6-month period beginning on
the date of enactment of this Act--
(1) to simplify and improve the disclosures applicable to
such transactions under such Acts, including the timing of
the disclosures; and
(2) to provide a single format for such disclosures which
will satisfy the requirements of each such Act with respect
to such transactions.
(b) Regulations.--To the extent that it is necessary to
prescribe any regulation in order to effect any changes
required to be made under subsection (a), the proposed
regulation shall be published in the Federal Register before
the end of the 6-month period referred to in subsection (a).
(c) Recommendations for Legislation.--If the Board and the
Secretary find that legislative action may be necessary or
appropriate in order to simplify and unify the disclosure
requirements under the Real Estate Settlement Procedures Act
of 1974 and the Truth in Lending Act, the Board and the
Secretary shall submit a report containing recommendations to
the Congress concerning such action.
SEC. 2102. GENERAL EXEMPTION AUTHORITY FOR LOANS.
(a) Regulatory Flexibility.--Section 104 of the Truth in
Lending Act (15 U.S.C. 1603) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Transactions for which the Board, by rule, determines
that coverage under this title is not necessary to carry out
the purposes of this title.''.
(b) Exemption Authority.--Section 105 of the Truth in
Lending Act (15 U.S.C. 1604) is amended by adding at the end
the following new subsection:
``(f) Exemption Authority.--
``(1) In general.--The Board may exempt, by regulation,
from all or part of this title any class of transactions,
other than transactions involving any mortgage described in
section 103(aa), for which, in the determination of the
Board, coverage under all or part of this title does not
provide a meaningful benefit to consumers in the form of
useful information or protection.
``(2) Factors for consideration.--In determining which
classes of transactions to
[[Page 2583]]
exempt in whole or in part under paragraph (1), the Board
shall consider the following factors and publish its
rationale at the time a proposed exemption is published for
comment:
``(A) The amount of the loan and whether the disclosures,
right of rescission, and other provisions provide a benefit
to the consumers who are parties to such transactions, as
determined by the Board.
``(B) The extent to which the requirements of this title
complicate, hinder, or make more expensive the credit process
for the class of transactions.
``(C) The status of the borrower, including--
``(i) any related financial arrangements of the borrower,
as determined by the Board;
``(ii) the financial sophistication of the borrower
relative to the type of transaction; and
``(iii) the importance to the borrower of the credit,
related supporting property, and coverage under this title,
as determined by the Board;
``(D) whether the loan is secured by the principal
residence of the consumer; and
``(E) whether the goal of consumer protection would be
undermined by such an exemption.''.
SEC. 2103. REDUCTIONS IN REAL ESTATE SETTLEMENT PROCEDURES
ACT OF 1974 REGULATORY BURDENS.
(a) Unnecessary Disclosure.--Section 6(a) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(a))
is amended to read as follows:
``(a) Disclosure to Applicant Relating to Assignment, Sale,
or Transfer of Loan Servicing.--Each person who makes a
federally related mortgage loan shall disclose to each person
who applies for the loan, at the time of application for the
loan, whether the servicing of the loan may be assigned,
sold, or transferred to any other person at any time while
the loan is outstanding.''.
(b) Consistency of Real Estate Settlement Procedures Act
and Truth in Lending Act Exemption of Business Loans.--
Section 7 of the Real Estate Settlement Procedures Act of
1974 (12 U.S.C. 2606) is amended--
(1) by striking ``This Act'' and inserting the following:
``(a) In General.--This Act''; and
(2) by adding at the end the following new subsection:
``(b) Interpretation.--In prescribing regulations under
section 19(a), the Secretary shall ensure that, with respect
to subsection (a) of this section, the exemption for credit
transactions involving extensions of credit primarily for
business, commercial, or agricultural purposes, as provided
in section 7(1) of the Real Estate Settlement Procedures Act
of 1974 shall be the same as the exemption for such credit
transactions under section 104(1) of the Truth in Lending
Act.''.
(c) Redesignation of Controlled Business Arrangements as
Affiliated Business Arrangements.--The Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended--
(1) in section 3(7), by striking ``controlled business
arrangement'' and inserting ``affiliated business
arrangement''; and
(2) in subsections (c)(4) and (d)(6) of section 8, by
striking ``controlled business arrangements'' and inserting
``affiliated business arrangements''.
(d) Disclosures by Telephone or Electronic Media.--Section
8(c)(4) of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2607(c)(4)(A)) is amended by striking subparagraph
(A) and inserting the following ``(A) a disclosure is made of
the existence of such an arrangement to the person being
referred and, in connection with such referral, such person
is provided a written estimate of the charge or range of
charges generally made by the provider to which the person is
referred (i) in the case of a face-to-face referral or a
referral made in writing or by electronic media, at or before
the time of the referral (and compliance with this
requirement in such case may be evidenced by a notation in a
written, electronic, or similar system of records maintained
in the regular course of business); (ii) in the case of a
referral made by telephone, within 3 business days after the
referral by telephone, (and in such case an abbreviated
verbal disclosure of the existence of the arrangement and the
fact that a written disclosure will be provided within 3
business days shall be made to the person being referred
during the telephone referral); or (iii) in the case of a
referral by a lender (including a referral by a lender to an
affiliated lender), at the time the estimates required under
section 5(c) are provided (notwithstanding clause (i) or
(ii)); and any required written receipt of such disclosure
(without regard to the manner of the disclosure under clause
(i), (ii), or (iii)) may be obtained at the closing or
settlement (except that a person making a face-to-face
referral who provides the written disclosure at or before the
time of the referral shall attempt to obtain any required
written receipt of such disclosure at such time and if the
person being referred chooses not to acknowledge the receipt
of the disclosure at that time, that fact shall be noted in
the written, electronic, or similar system of records
maintained in the regular course of business by the person
making the referral),''.
(e) Limitation on Claims Arising From Violations of
Requirements for Servicing Mortgages and Administering Escrow
Accounts.--Section 16 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2614) is amended--
(1) by striking ``section 8 or 9'' and inserting ``section
6, 8, or 9''; and
(2) by striking ``within one year'' and inserting ``within
3 years in the case of a violation of section 6 and 1 year in
the case of a violation of section 8 or 9''.
(f) Delay of Effectiveness of Recent Final Regulation
Relating to Payments to Employees.--Section 19 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2617) is
amended by adding at the end the following new subsection:
``(d) Delay of Effectiveness of Recent Final Regulation
Relating to Payments to Employees.--
``(1) In general.--The amendment to part 3500 of title 24
of the Code of Federal Regulations contained in the final
regulation prescribed by the Secretary and published in the
Federal Register on June 7, 1996, which will, as of the
effective date of such amendment--
``(A) eliminate the exemption for payments by an employer
to employees of such employer for referral activities which
is currently codified as section 3500.14(g)(1)(vii) of such
title 24; and
``(B) replace such exemption with a more limited exemption
in new clauses (vii), (viii), and (ix) of section 3500.14 of
such title 24,
shall not take effect before July 31, 1997.
``(2) Continuation of prior rule.--The regulation codified
as section 3500.14(g)(1)(vii) of title 24 of the Code of
Federal Regulations, relating to employer-employee payments,
as in effect on May 1, 1996, shall remain in effect until the
date the amendment referred to in paragraph (1) takes effect
in accordance with such paragraph.
``(3) Public notice of effective date.--The Secretary shall
provide public notice of the date on which the amendment
referred to in paragraph (1) will take effect in accordance
with such paragraph not less than 90 days and not more than
180 days before such effective date.''.
(g) Technical and Conforming Amendments.--
(1) Section 4(a) of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2603(a)) is amended by striking
``Federal Home Loan Bank Board'' and inserting ``Director of
the Office of Thrift Supervision''.
(2) Section 10(c)(1)(C) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2609(c)(1)(C)) is amended
by striking ``Not later than the expiration of the 90-day
period beginning on the date of the enactment of the
Cranston-Gonzalez National Affordable Housing Act, the'' and
inserting ``The''.
(h) Repeal of Obsolete Provisions.--The Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is
amended by striking sections 13, 14 and 15.
SEC. 2104. WAIVER FOR CERTAIN BORROWERS.
Section 105 of the Truth in Lending Act (15 U.S.C. 1604) is
amended by adding at the end the following new subsection:
``(g) Waiver for Certain Borrowers.--
``(1) In general.--The Board, by regulation, may exempt
from the requirements of this title certain credit
transactions if--
``(A) the transaction involves a consumer--
``(i) with an annual earned income of more than $200,000;
or
``(ii) having net assets in excess of $1,000,000 at the
time of the transaction; and
``(B) a waiver that is handwritten, signed, and dated by
the consumer is first obtained from the consumer.
``(2) Adjustments by the board.--The Board, at its
discretion, may adjust the annual earned income and net asset
requirements of paragraph (1) for inflation.''.
SEC. 2105. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE
MORTGAGES.
Section 128(a) of the Truth in Lending Act (15 U.S.C.
1638(a)) is amended by adding at the end the following new
paragraph:
``(14) In the case of any variable interest rate
residential mortgage transaction, in disclosures provided at
application as prescribed by the Board for a variable rate
transaction secured by the consumer's principal dwelling, at
the option of the creditor, a statement that the periodic
payments may increase or decrease substantially, and the
maximum interest rate and payment for a $10,000 loan
originated at a recent interest rate, as determined by the
Board, assuming the maximum periodic increases in rates and
payments under the program, or a historical example
illustrating the effects of interest rate changes implemented
according to the loan program.''.
SEC. 2106. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN LENDING
ACT.
Section 108(e)(3) of the Truth in Lending Act (15 U.S.C.
2602(3)) is amended--
(1) by striking ``ordered (A) if'' and inserting the
following: ``ordered--
``(A) if'';
(2) by striking ``may require a partial'' and inserting
``may--
``(i) require a partial'';
(3) by striking ``, except that with respect'' and all that
follows through ``Act, the agency shall require'' and
inserting ``; or
``(ii) require'';
(4) by striking ``reasonable, (B) the'' and inserting the
following: ``reasonable, if (in the case of an agency
referred to in paragraph (1), (2), or (3) of subsection (a)),
the agency determines that a partial adjustment or making
partial payments over an extended period is necessary to
avoid causing the creditor to become undercapitalized
pursuant to section 38 of the Federal Deposit Insurance Act;
``(B) the''; and
(5) by striking ``(C) except'' and inserting the following:
``(C) except''.
[[Page 2584]]
SEC. 2107. LIMITATION ON LIABILITY UNDER THE TRUTH IN LENDING
ACT.
(a) In General.--Section 139(a) of the Truth in Lending Act
(15 U.S.C. 1649(a)) is amended by striking ``For any consumer
credit transaction subject to this title'' and inserting
``For any closed end consumer credit transaction that is
secured by real property or a dwelling, that is subject to
this title, and''.
(b) Effectuve Date.--The amendment made by subsection (a)
shall be effective as of September 30, 1995.
Subtitle B--Streamlining Government Regulation
CHAPTER 1--ELIMINATING UNNECESSARY REGULATORY REQUIREMENTS AND
PROCEDURES
SEC. 2201. ELIMINATION OF REDUNDANT APPROVAL REQUIREMENT FOR
OAKAR TRANSACTIONS.
(a) In General.--Section 5(d)(3) of the Federal Deposit
Insurance Act (12 U.S.C. 1815(d)(3)) is amended--
(1) in subparagraph (A), by striking ``with the prior
written approval of'' and inserting ``if the transaction is
approved by'';
(2) in subparagraph (E)--
(A) by striking clauses (i) and (iv);
(B) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively; and
(C) by adding at the end the following new clause:
``(iii) Capital requirements.--A transaction described in
this paragraph shall not be approved under section 18(c)(2)
unless the acquiring, assuming, or resulting depository
institution will meet all applicable capital requirements
upon consummation of the transaction.'';
(3) by striking subparagraph (G); and
(4) by redesignating subparagraphs (H) through (J) as
subparagraphs (G) through (I), respectively.
(b) Conforming Amendments.--
(1) Revised statutes.--Section 5156A(b)(1) of the Revised
Statutes of the United States (12 U.S.C. 215c(b)(1)) is
amended by striking ``by section 5(d)(3) of the Federal
Deposit Insurance Act or any other'' and inserting ``under
any''.
(2) Home owners' loan act.--Section 10(s)(2)(A) of the Home
Owners' Loan Act (12 U.S.C. 1467a(s)(2)(A)) is amended by
striking ``under section 5(d)(3) of the Federal Deposit
Insurance Act or any other'' and inserting ``under any''.
SEC. 2203. ELIMINATION OF DUPLICATIVE REQUIREMENTS IMPOSED
UPON BANK HOLDING COMPANIES.
(a) Exemption for Bank Holding Companies.--Section 10 of
the Home Owners' Loan Act (12 U.S.C. 1467a) is amended by
adding at the end the following new subsection:
``(t) Exemption for Bank Holding Companies.--This section
shall not apply to a bank holding company that is subject to
the Bank Holding Company Act of 1956, or any company
controlled by such bank holding company.''.
(b) Definition.--Section 10(a)(1)(D) of the Home Owners'
Loan Act (12 U.S.C. 1467a(a)(1)(D)) is amended to read as
follows:
``(D) Savings and loan holding company.--
``(i) In general.--Except as provided in clause (ii), the
term `savings and loan holding company' means any company
that directly or indirectly controls a savings association or
that controls any other company that is a savings and loan
holding company.
``(ii) Exclusion.--The term `savings and loan holding
company' does not include a bank holding company that is
registered under, and subject to, the Bank Holding Company
Act of 1956, or to any company directly or indirectly
controlled by such company (other than a savings
association).''.
(c) Acquisitions.--Section 10(e)(1) of the Home Owners'
Loan Act (12 U.S.C. 1467a(e)(1)) is amended--
(1) in subparagraph (A)(iii)(VII), by inserting ``or'' at
the end;
(2) in subparagraph (A)(iv), by inserting ``and'' at the
end; and
(3) in subparagraph (B)--
(A) by striking ``or (ii)'' and inserting ``(ii)''; and
(B) by inserting before the first period ``, or (iii)
acquired by a bank holding company that is registered under,
and subject to, the Bank Holding Company Act of 1956, or any
company controlled by such bank holding company''.
(d) Amendments to the Bank Holding Company Act of 1956.--
Section 4(i) of the Bank Holding Company Act of 1956 (12
U.S.C. 1843(i)) is amended by adding at the end the following
new paragraphs:
``(4) Solicitation of views.--
``(A) Notice to director.--Upon receiving any application
or notice by a bank holding company to acquire, directly or
indirectly, a savings association under subsection (c)(8),
the Board shall solicit comments and recommendations from the
Director with respect to such acquisition.
``(B) Comment period.--The comments and recommendations of
the Director under subparagraph (A) with respect to any
acquisition subject to such subparagraph shall be transmitted
to the Board not later than 30 days after the receipt by the
Director of the notice relating to such acquisition (or such
shorter period as the Board may specify if the Board advises
the Director that an emergency exists that requires
expeditious action).
``(5) Examination.--
``(A) Scope.--The Board shall consult with the Director, as
appropriate, in establishing the scope of an examination by
the Board of a bank holding company that directly or
indirectly controls a savings association.
``(B) Access to inspection reports.--Upon the request of
the Director, the Board shall furnish the Director with a
copy of any inspection report, additional examination
materials, or supervisory information relating to any bank
holding company that directly or indirectly controls a
savings association.
``(6) Coordination of enforcement efforts.--The Board and
the Director shall cooperate in any enforcement action
against any bank holding company that controls a savings
association, if the relevant conduct involves such
association.
``(7) Director defined.--For purposes of this section, the
term `Director' means the Director of the Office of Thrift
Supervision.''.
SEC. 2204. ELIMINATION OF THE PER BRANCH CAPITAL REQUIREMENT
FOR NATIONAL BANKS AND STATE MEMBER BANKS.
Section 5155(h) of the Revised Statutes of the United
States (12 U.S.C. 36(h)) is amended to read as follows:
``(h) [Repealed]''.
SEC. 2205. ELIMINATION OF BRANCH APPLICATION REQUIREMENTS FOR
AUTOMATIC TELLER MACHINES.
(a) ``Branch'' Under National Bank Act.--Section 5155(j) of
the Revised Statutes of the United States (12 U.S.C. 36(j))
is amended by adding at the end the following: ``The term
`branch', as used in this section, does not include an
automated teller machine or a remote service unit.''.
(b) ``Domestic Branch'' Under the Federal Deposit Insurance
Act.--Section 3(o) of the Federal Deposit Insurance Act (12
U.S.C. 1813(o)) is amended by striking ``lent; and the'' and
inserting ``lent. The term `domestic branch' does not include
an automated teller machine or a remote service unit. The''.
SEC. 2206. ELIMINATION OF REQUIREMENT FOR APPROVAL OF
INVESTMENTS IN BANK PREMISES FOR WELL
CAPITALIZED AND WELL MANAGED BANKS.
Section 24A of the Federal Reserve Act (12 U.S.C. 371d) is
amended to read as follows:
``SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF
CORPORATION HOLDING PREMISES.
``(a) Conditions of Investment.--No national bank or State
member bank shall invest in bank premises, or in the stock,
bonds, debentures, or other such obligations of any
corporation holding the premises of such bank, or make loans
to or upon the security of any such corporation--
``(1) unless the bank receives the prior approval of the
Comptroller of the Currency (with respect to a national bank)
or the Board (with respect to a State member bank);
``(2) unless the aggregate of all such investments and
loans, together with the amount of any indebtedness incurred
by any such corporation that is an affiliate of the bank, is
less than or equal to the amount of the capital stock of such
bank; or
``(3) unless--
``(A) the aggregate of all such investments and loans,
together with the amount of any indebtedness incurred by any
such corporation that is an affiliate of the bank, is less
than or equal to 150 percent of the capital and surplus of
the bank; and
``(B) the bank--
``(i) has a CAMEL composite rating of 1 or 2 under the
Uniform Financial Institutions Rating System (or an
equivalent rating under a comparable rating system) as of the
most recent examination of such bank;
``(ii) is well capitalized and will continue to be well
capitalized after the investment or loan; and
``(iii) provides notification to the Comptroller of the
Currency (with respect to a national bank) or to the Board
(with respect to a State member bank) not later than 30 days
after making the investment or loan.
``(b) Definitions.--For purposes of this section--
``(1) the term `affiliate' has the same meaning as in
section 2 of the Banking Act of 1933; and
``(2) the term `well capitalized' has the same meaning as
in section 38(b) of the Federal Deposit Insurance Act.''.
SEC. 2207. ELIMINATION OF APPROVAL REQUIREMENT FOR
DIVESTITURES.
Section 2(g) of the Bank Holding Company Act of 1956 (12
U.S.C. 1841(g)) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (3).
SEC. 2208. STREAMLINED NONBANKING ACQUISITIONS BY WELL
CAPITALIZED AND WELL MANAGED BANKING
ORGANIZATIONS.
(a) Notice Requirements.--Section 4(j) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(j)) is amended--
(1) in paragraph (1)(A), by striking ``No'' and inserting
``Except as provided in paragraph (3), no''; and
(2) by adding at the end the following new paragraphs:
``(3) No notice required for certain transactions.--No
notice under paragraph (1) of this subsection or under
subsection (c)(8) or (a)(2)(B) is required for a proposal by
a bank holding company to engage in any activity or acquire
the shares or assets of any company, other than an insured
depository institution, if the proposal qualifies under
paragraph (4).
``(4) Criteria for statutory approval.--A proposal
qualifies under this paragraph if all of the following
criteria are met:
[[Page 2585]]
``(A) Financial criteria.--Both before and immediately
after the proposed transaction--
``(i) the acquiring bank holding company is well
capitalized;
``(ii) the lead insured depository institution of such
holding company is well capitalized;
``(iii) well capitalized insured depository institutions
control at least 80 percent of the aggregate total risk-
weighted assets of insured depository institutions controlled
by such holding company; and
``(iv) no insured depository institution controlled by such
holding company is undercapitalized.
``(B) Managerial criteria.--
``(i) Well managed.--At the time of the transaction, the
acquiring bank holding company, its lead insured depository
institution, and insured depository institutions that control
at least 90 percent of the aggregate total risk-weighted
assets of insured depository institutions controlled by such
holding company are well managed.
``(ii) Limitation on poorly managed institutions.--Except
as provided in paragraph (6), no insured depository
institution controlled by the acquiring bank holding company
has received 1 of the 2 lowest composite ratings at the later
of the institution's most recent examination or subsequent
review.
``(C) Activities permissible.--Following consummation of
the proposal, the bank holding company engages directly or
through a subsidiary solely in--
``(i) activities that are permissible under subsection
(c)(8), as determined by the Board by regulation or order
thereunder, subject to all of the restrictions, terms, and
conditions of such subsection and such regulation or order;
and
``(ii) such other activities as are otherwise permissible
under this section, subject to the restrictions, terms and
conditions, including any prior notice or approval
requirements, provided in this section.
``(D) Size of acquisition.--
``(i) Asset size.--The book value of the total assets to be
acquired does not exceed 10 percent of the consolidated total
risk-weighted assets of the acquiring bank holding company.
``(ii) Consideration.--The gross consideration to be paid
for the securities or assets does not exceed 15 percent of
the consolidated Tier 1 capital of the acquiring bank holding
company.
``(E) Notice not otherwise warranted.--For proposals
described in paragraph (5)(B), the Board has not, before the
conclusion of the period provided in paragraph (5)(B),
advised the bank holding company that a notice under
paragraph (1) is required.
``(F) Compliance criterion.--During the 12-month period
ending on the date on which the bank holding company proposes
to commence an activity or acquisition, no administrative
enforcement action has been commenced, and no cease and
desist order has been issued pursuant to section 8 of the
Federal Deposit Insurance Act, against the bank holding
company or any depository institution subsidiary of the
holding company, and no such enforcement action, order, or
other administrative enforcement proceeding is pending as of
such date.
``(5) Notification.--
``(A) Commencement of activities approved by rule.--A bank
holding company that qualifies under paragraph (4) and that
proposes to engage de novo, directly or through a subsidiary,
in any activity that is permissible under subsection (c)(8),
as determined by the Board by regulation, may commence that
activity without prior notice to the Board and must provide
written notification to the Board not later than 10 business
days after commencing the activity.
``(B) Activities permitted by order and acquisitions.--
``(i) In general.--At least 12 business days before
commencing any activity pursuant to paragraph (3) (other than
an activity described in subparagraph (A) of this paragraph)
or acquiring shares or assets of any company pursuant to
paragraph (3), the bank holding company shall provide written
notice of the proposal to the Board, unless the Board
determines that no notice or a shorter notice period is
appropriate.
``(ii) Description of activities and terms.--A notification
under this subparagraph shall include a description of the
proposed activities and the terms of any proposed
acquisition.
``(6) Recently acquired institutions.--Any insured
depository institution which has been acquired by a bank
holding company during the 12-month period preceding the date
on which the company proposes to commence an activity or
acquisition pursuant to paragraph (3) may be excluded for
purposes of paragraph (4)(B)(ii) if--
``(A) the bank holding company has developed a plan for the
institution to restore the capital and management of the
institution which is acceptable to the appropriate Federal
banking agency; and
``(B) all such insured depository institutions represent,
in the aggregate, less than 10 percent of the aggregate total
risk-weighted assets of all insured depository institutions
controlled by the bank holding company.
``(7) Adjustment of percentages.--The Board may, by
regulation, adjust the percentages and the manner in which
the percentages of insured depository institutions are
calculated under paragraph (4)(B)(i), (4)(D), or (6)(B) if
the Board determines that any such adjustment is consistent
with safety and soundness and the purposes of this Act.''.
(b) Definitions.--Section 2(o) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1841(o)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Capital terms.--
``(A) Insured depository institutions.--With respect to
insured depository institutions, the terms `well
capitalized', `adequately capitalized', and
`undercapitalized' have the same meanings as in section 38(b)
of the Federal Deposit Insurance Act.
``(B) Bank holding company.--
``(i) Adequately capitalized.--With respect to a bank
holding company, the term `adequately capitalized' means a
level of capitalization which meets or exceeds all applicable
Federal regulatory capital standards.
``(ii) Well capitalized.--A bank holding company is `well
capitalized' if it meets the required capital levels for well
capitalized bank holding companies established by the Board.
``(C) Other capital terms.--The terms `Tier 1' and `risk-
weighted assets' have the meanings given those terms in the
capital guidelines or regulations established by the Board
for bank holding companies.''; and
(2) by adding at the end the following new paragraphs:
``(8) Lead insured depository institutions.--
``(A) In general.--The term `lead insured depository
institution' means the largest insured depository institution
controlled by the subject bank holding company at any time,
based on a comparison of the average total risk-weighted
assets controlled by each insured depository institution
during the previous 12-month period.
``(B) Branch or agency.--For purposes of this paragraph and
section 4(j)(4), the term `insured depository institution'
includes any branch or agency operated in the United States
by a foreign bank.
``(9) Well managed.--The term `well managed' means--
``(A) in the case of any company or depository institution
which receives examinations, the achievement of--
``(i) a CAMEL composite rating of 1 or 2 (or an equivalent
rating under an equivalent rating system) in connection with
the most recent examination or subsequent review of such
company or institution; and
``(ii) at least a satisfactory rating for management, if
such rating is given; or
``(B) in the case of a company or depository institution
that has not received an examination rating, the existence
and use of managerial resources which the Board determines
are satisfactory.''.
SEC. 2209. ELIMINATION OF UNNECESSARY FILING FOR OFFICER AND
DIRECTOR APPOINTMENTS.
Section 32 of the Federal Deposit Insurance Act (12 U.S.C.
1831i) is amended--
(1) in subsection (a)--
(A) by inserting ``(or such other period, as determined by
the appropriate Federal banking agency)'' after ``30 days'';
(B) by striking ``if the insured depository institution or
depository institution holding company'' and inserting ``if
'';
(C) by striking paragraphs (1) and (2);
(D) by redesignating paragraph (3) as paragraph (1);
(E) in paragraph (1), as redesignated--
(i) by inserting ``the insured depository institution or
depository institution holding company'' before ``is not in
compliance''; and
(ii) by striking the period at the end and inserting ``;
or''; and
(F) by adding at the end the following new paragraph:
``(2) the agency determines, in connection with the review
by the agency of the plan required under section 38 or
otherwise, that such prior notice is appropriate.''; and
(2) in subsection (b), by striking ``30-day period'' and
inserting ``notice period, not to exceed 90 days,''.
SEC. 2210. AMENDMENTS TO THE DEPOSITORY INSTITUTION
MANAGEMENT INTERLOCKS ACT.
(a) Dual Service Among Larger Organizations.--Section 204
of the Depository Institution Management Interlocks Act (12
U.S.C. 3203) is amended--
(1) by striking ``$1,000,000,000'' and inserting
``$2,500,000,000'';
(2) by striking ``$500,000,000'' and inserting
``$1,500,000,000''; and
(3) by adding at the end the following: ``In order to allow
for inflation or market changes, the appropriate Federal
depository institutions regulatory agencies may, by
regulation, adjust, as necessary, the amount of total assets
required for depository institutions or depository holding
companies under this section.''.
(b) Extension of Grandfather Exemption.--Section 206 of the
Depository Institution Management Interlocks Act (12 U.S.C.
3205) is amended--
(1) in subsection (a), by striking ``for a period of,
subject to the requirements of subsection (c), 20 years after
the date of enactment of this title'';
(2) in subsection (b), by striking the second sentence; and
(3) by striking subsection (c).
(c) Regulations.--Section 209 of the Depository Institution
Management Interlocks Act (12 U.S.C. 3207) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--Rules and regulations''
and inserting ``Regulations'';
(B) by inserting ``, including regulations that permit
service by a management official that would otherwise be
prohibited by
[[Page 2586]]
section 203 or section 204, if such service would not result
in a monopoly or substantial lessening of competition,''
after ``title'';
(C) in paragraph (4)--
(i) by striking ``Federal Home Loan Bank Board'' and
inserting ``Director of the Office of Thrift Supervision'';
and
(ii) by striking ``Savings and Loan'' and inserting
``Deposit''; and
(2) by striking subsections (b) and (c).
SEC. 2211. ELIMINATION OF RECORDKEEPING AND REPORTING
REQUIREMENTS FOR OFFICERS.
(a) Employee Benefit Plans.--Section 22(h)(2) of the
Federal Reserve Act (12 U.S.C. 375b(2)) is amended--
(1) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(2) by striking ``(2) Preferential terms prohibited.--''
and inserting the following:
``(2) Preferential terms prohibited.--
``(A) In general.--''; and
(3) by adding at the end the following new subparagraph:
``(B) Exception.--Nothing in this paragraph shall prohibit
any extension of credit made pursuant to a benefit or
compensation program--
``(i) that is widely available to employees of the member
bank; and
``(ii) that does not give preference to any officer,
director, or principal shareholder of the member bank, or to
any related interest of such person, over other employees of
the member bank.''.
(b) Exception for Extensions of Credit to Executive
Officers and Directors of Affiliates.--Section 22(h)(8)(B) of
the Federal Reserve Act (12 U.S.C. 375b(8)(B)) is amended to
read as follows:
``(B) Exception.--The Board may, by regulation, make
exceptions to subparagraph (A) for any executive officer or
director of a subsidiary of a company that controls the
member bank if--
``(i) the executive officer or director does not have
authority to participate, and does not participate, in major
policymaking functions of the member bank; and
``(ii) the assets of such subsidiary do not exceed 10
percent of the consolidated assets of a company that controls
the member bank and such subsidiary (and is not controlled by
any other company).''.
SEC. 2212. REPAYMENT OF TREASURY LOAN.
Section 1108 of the Federal Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 3337) is
amended by adding at the end the following new subsection.--
``(c) Repayment of Treasury Loan.--Not later than September
30, 1998, the Appraisal Subcommittee shall repay to the
Secretary of the Treasury the unpaid portion of the
$5,000,000 paid to the Appraisal Subcommittee pursuant to
this section.''.
SEC. 2213. BRANCH CLOSURES.
Section 42 of the Federal Deposit Insurance Act (12 U.S.C.
1831r-1) is amended by adding at the end the following new
subsection:
``(e) Scope of Application.--This section shall not apply
with respect to--
``(1) an automated teller machine;
``(2) the relocation of a branch or consolidation of one or
more branches into another branch, if the relocation or
consolidation--
``(A) occurs within the immediate neighborhood; and
``(B) does not substantially affect the nature of the
business or customers served; or
``(3) a branch that is closed in connection with--
``(A) an emergency acquisition under--
``(i) section 11(n); or
``(ii) subsection (f) or (k) of section 13; or
``(B) any assistance provided by the Corporation under
section 13(c).''.
SEC. 2214. FOREIGN BANKS.
(a) Examination of Branches and Agencies by Board.--Section
7(c) of the International Banking Act of 1978 (12 U.S.C.
3105(c)) is amended--
(1) by striking ``(c)'' and inserting the following:
``(c) Foreign Bank Examinations and Reporting.--'';
(2) in paragraph (1)(B), by adding at the end the following
new clause:
``(iii) Avoidance of duplication.--In exercising its
authority under this paragraph, the Board shall take all
reasonable measures to reduce burden and avoid unnecessary
duplication of examinations.'';
(3) by striking subparagraph (C) of paragraph (1) and
inserting the following:
``(C) On-site examination.--Each Federal branch or agency,
and each State branch or agency, of a foreign bank shall be
subject to on-site examination by an appropriate Federal
banking agency or State bank supervisor as frequently as
would a national bank or a State bank, respectively, by the
appropriate Federal banking agency.''; and
(4) in paragraph (1)(D), by inserting before the period at
the end the following: ``, only to the same extent that fees
are collected by the Board for examination of any State
member bank''.
(b) Establishment of Foreign Bank Offices in the United
States.--Section 7(d) of the International Banking Act of
1978 (12 U.S.C. 3105(d)) is amended--
(1) in paragraph (2), by striking ``The Board'' and
inserting ``Except as provided in paragraph (6), the Board'';
(2) in paragraph (5), by striking ``Consistent with the
standards for approval in paragraph (2), the''; and inserting
``The''; and
(3) by adding at the end the following new paragraphs:
``(6) Exception.--
``(A) In general.--If the Board is unable to find, under
paragraph (2), that a foreign bank is subject to
comprehensive supervision or regulation on a consolidated
basis by the appropriate authorities in its home country, the
Board may nevertheless approve an application by such foreign
bank under paragraph (1) if--
``(i) the appropriate authorities in the home country of
the foreign bank are actively working to establish
arrangements for the consolidated supervision of such bank;
and
``(ii) all other factors are consistent with approval.
``(B) Other considerations.--In deciding whether to use its
discretion under subparagraph (A), the Board shall also
consider whether the foreign bank has adopted and implemented
procedures to combat money laundering. The Board may also
take into account whether the home country of the foreign
bank is developing a legal regime to address money laundering
or is participating in multilateral efforts to combat money
laundering.
``(C) Additional conditions.--In approving an application
under this paragraph, the Board, after requesting and taking
into consideration the views of the appropriate State bank
supervisor or the Comptroller of the Currency, as the case
may be, may impose such conditions or restrictions relating
to the activities or business operations of the proposed
branch, agency, or commercial lending company subsidiary,
including restrictions on sources of funding, as are
considered appropriate. The Board shall coordinate with the
appropriate State bank supervisor or the Comptroller of the
Currency, as appropriate, in the implementation of such
conditions or restrictions.
``(D) Modification of conditions.--Any condition or
restriction imposed by the Board in connection with the
approval of an application under authority of this paragraph
may be modified or withdrawn.
``(7) Time period for board action.--
``(A) Final action.--The Board shall take final action on
any application under paragraph (1) not later than 180 days
after receipt of the application, except that the Board may
extend for an additional 180 days the period within which to
take final action on such application after providing notice
of, and the reasons for, the extension to the applicant
foreign bank and any appropriate State bank supervisor or the
Comptroller of the Currency, as appropriate.
``(B) Failure to submit information.--The Board may deny
any application if it does not receive information requested
from the applicant foreign bank or appropriate authorities in
the home country of the foreign bank in sufficient time to
permit the Board to evaluate such information adequately
within the time periods for final action set forth in
subparagraph (A).
``(C) Waiver.--A foreign bank may waive the applicability
of this paragraph with respect to any application under
paragraph (1).''.
(c) Termination of Foreign Bank Offices in the United
States.--Section 7(e)(1)(A) of the International Banking Act
of 1978 (12 U.S.C. 3105(e)(1)(A)) is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by striking ``or'' at the end and inserting ``and'';
and
(3) by adding at the end the following new clause:
``(ii) the appropriate authorities in the home country of
the foreign bank are not making demonstrable progress in
establishing arrangements for the comprehensive supervision
or regulation of such foreign bank on a consolidated basis;
or''.
SEC. 2215. DISPOSITION OF FORECLOSED ASSETS.
Section 4(c)(2) of the Bank Holding Company Act of 1956 (12
U.S.C. 1843(c)(2)) is amended--
(1) by striking ``for not more than one year at a time'';
and
(2) by striking ``but no such extensions shall extend
beyond a date five years'' and inserting ``and, in the case
of a bank holding company which has not disposed of such
shares within 5 years after the date on which such shares
were acquired, the Board may, upon the application of such
company, grant additional exemptions if, in the judgment of
the Board, such extension would not be detrimental to the
public interest and, either the bank holding company has made
a good faith attempt to dispose of such shares during such 5-
year period, or the disposal of such shares during such 5-
year period would have been detrimental to the company,
except that the aggregate duration of such extensions shall
not extend beyond 10 years''.
SEC. 2216. EXEMPTION AUTHORITY FOR ANTITYING PROVISION.
(a) Federal Reserve Board Authority.--Section 106(b)(1) of
the Bank Holding Company Act Amendments of 1970 (12 U.S.C.
1972(1)) is amended in the last sentence, by inserting ``and
the prohibitions of section 4(f)(9) and 4(h)(2) of the Bank
Holding Company Act of 1956'' after ``prohibition''.
(b) OTS Authority.--Section 5(q) of the Home Owners' Loan
Act (12 U.S.C. 1464(q)) is amended by adding at the end the
following new paragraph:
``(6) Exceptions.--The Director may, by regulation or
order, permit such exceptions to the prohibitions of this
subsection as the Director considers will not be contrary to
the purposes of this subsection and which conform to
exceptions granted by the Board of Governors of the Federal
Reserve System pursuant to section 106(b) of the Bank Holding
Company Act Amendments of 1970.''.
[[Page 2587]]
SEC. 2217. FDIC APPROVAL OF NEW STATE BANK POWERS.
Section 24 of the Federal Deposit Insurance Act (12 U.S.C.
1831a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``In general.--'' and inserting the
following: ``Permissible activities.--
``(1) In general.--''; and
(C) by adding at the end the following new paragraph:
``(2) Processing period.--
``(A) In general.--The Corporation shall make a
determination under paragraph (1)(A) not later than 60 days
after receipt of a completed application that may be required
under this subsection.
``(B) Extension of time period.--The Corporation may extend
the 60-day period referred to in subparagraph (A) for not
more than 30 additional days, and shall notify the applicant
of any such extension.''; and
(2) in subsection (d), by adding at the end the following
new paragraph:
``(3) Processing period.--
``(A) In general.--The Corporation shall make a
determination under paragraph (1)(A) not later than 60 days
after receipt of a completed application that may be required
under this subsection.
``(B) Extension of time period.--The Corporation may extend
the 60-day period referred to in subparagraph (A) for not
more than 30 additional days, and shall notify the applicant
of any such extension.''.
CHAPTER 2--ELIMINATING UNNECESSARY REGULATORY BURDENS
SEC. 2221. SMALL BANK EXAMINATION CYCLE.
Section 10(d) of the Federal Deposit Insurance Act (12
U.S.C. 1820(d)) is amended--
(1) by redesignating the second paragraph designated as
paragraph (8) as paragraph (10), and by inserting that
paragraph, as redesignated, immediately after paragraph (9);
and
(2) in paragraph (10), as redesignated, by striking
``$175,000,000'' and inserting ``$250,000,000''.
SEC. 2222. REQUIRED REVIEW OF REGULATIONS.
(a) In General.--Not less frequently than once every 10
years, the Council and each appropriate Federal banking
agency represented on the Council shall conduct a review of
all regulations prescribed by the Council or by any such
appropriate Federal banking agency, respectively, in order to
identify outdated or otherwise unnecessary regulatory
requirements imposed on insured depository institutions.
(b) Process.--In conducting the review under subsection
(a), the Council or the appropriate Federal banking agency
shall--
(1) categorize the regulations described in subsection (a)
by type (such as consumer regulations, safety and soundness
regulations, or such other designations as determined by the
Council, or the appropriate Federal banking agency); and
(2) at regular intervals, provide notice and solicit public
comment on a particular category or categories of
regulations, requesting commentators to identify areas of the
regulations that are outdated, unnecessary, or unduly
burdensome.
(c) Complete Review.--The Council or the appropriate
Federal banking agency shall ensure that the notice and
comment period described in subsection (b)(2) is conducted
with respect to all regulations described in subsection (a)
not less frequently than once every 10 years.
(d) Regulatory Response.--The Council or the appropriate
Federal banking agency shall--
(1) publish in the Federal Register a summary of the
comments received under this section, identifying significant
issues raised and providing comment on such issues; and
(2) eliminate unnecessary regulations to the extent that
such action is appropriate.
(e) Report to Congress.--Not later than 30 days after
carrying out subsection (d)(1), the Council shall submit to
the Congress a report, which shall include--
(1) a summary of any significant issues raised by public
comments received by the Council and the appropriate Federal
banking agencies under this section and the relative merits
of such issues; and
(2) an analysis of whether the appropriate Federal banking
agency involved is able to address the regulatory burdens
associated with such issues by regulation, or whether such
burdens must be addressed by legislative action.
SEC. 2223. REPEAL OF IDENTIFICATION OF NONBANK FINANCIAL
INSTITUTION CUSTOMERS.
Subchapter II of chapter 53 of title 31, United States
Code, is amended--
(1) by striking section 5327;
(2) in the chapter analysis, by striking the item relating
to section 5327; and
(3) in section 5321(a), by striking paragraph (7).
SEC. 2224. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) FDIA.--Section 477 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 251) is
repealed.
(b) FIRREA.--Section 918 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833
note) is repealed.
(c) ILS.--Section 913 of the International Lending
Supervision Act of 1983 (12 U.S.C. 3912) is repealed.
SEC. 2225. INCREASE IN HOME MORTGAGE DISCLOSURE EXEMPTION
THRESHOLD.
(a) In General.--Section 309 of the Home Mortgage
Disclosure Act of 1975 (12 U.S.C. 2808) is amended--
(1) by striking ``This title'' and inserting ``(a) In
General.--This title'';
(2) in the 3d sentence, by inserting ``(as determined
without regard to the adjustment made by subsection (b))''
before the period; and
(2) by adding at the end the following new subsection:
``(b) CPI Adjustments.--
``(1) In general.--Subject to paragraph (2), the dollar
amount applicable with respect to institutions described in
section 303(2)(A) under the 2d sentence of subsection (a)
shall be adjusted annually after December 31, 1996, by the
annual percentage increase in the Consumer Price Index for
Urban Wage Earners and Clerical Workers published by the
Bureau of Labor Statistics.
``(2) 1-time adjustment for prior inflation.--The first
adjustment made under paragraph (1) after the date of the
enactment of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996 shall be the percentage by which--
``(A) the Consumer Price Index described in such paragraph
for the calendar year 1996, exceeds
``(B) such Consumer Price Index for the calendar year 1975.
``(3) Rounding.--The dollar amount applicable under
paragraph (1) for any calendar year shall be the amount
determined in accordance with subparagraphs (A) and (B) of
paragraph (2) and rounded to the nearest multiple of
$1,000,000.''.
(b) Opportunity To Reduce Compliance Burden.--Section 304
of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803)
is amended by adding at the end the following new subsection:
``(m) Opportunity To Reduce Compliance Burden.--
``(1) In general.--
``(A) Satisfaction of public availability requirements.--A
depository institution shall be deemed to have satisfied the
public availability requirements of subsection (a) if the
institution compiles the information required under that
subsection at the home office of the institution and provides
notice at the branch locations specified in subsection (a)
that such information is available from the home office of
the institution upon written request.
``(B) Provision of information upon request.--Not later
than 15 days after the receipt of a written request for any
information required to be compiled under subsection (a), the
home office of the depository institution receiving the
request shall provide the information pertinent to the
location of the branch in question to the person requesting
the information.
``(2) Form of information.--In complying with paragraph
(1), a depository institution shall, in the sole discretion
of the institution, provide the person requesting the
information with--
``(A) a paper copy of the information requested; or
``(B) if acceptable to the person, the information through
a form of electronic medium, such as a computer disk.''.
SEC. 2226. ELIMINATION OF STOCK LOAN REPORTING REQUIREMENT.
Section 7(j) of the Federal Deposit Insurance Act (12
U.S.C. 1817(j)) is amended--
(1) in paragraph (9)(A)--
(A) by striking ``financial institution and any affiliate
of any financial institution'' and inserting ``foreign bank,
or any affiliate thereof,''; and
(B) by striking ``by the financial institution and such
institution's affiliates'' and inserting ``by the foreign
bank or any affiliate thereof'';
(2) in paragraph (9)(B)--
(A) by striking ``paragraph--'' and inserting ``paragraph,
the following definitions shall apply:'';
(B) by striking clause (i) and inserting the following:
``(i) Foreign bank.--The terms `foreign bank' and
`affiliate' have the same meanings as in section 1 of the
International Banking Act of 1978.''; and
(C) in clause (iii), by striking ``financial institution''
and inserting ``foreign bank or any affiliate thereof'';
(3) in paragraph (9)(C)--
(A) by striking ``financial institution or any of its
affiliates'' and inserting ``foreign bank or any affiliate
thereof''; and
(B) by striking ``financial institution or its affiliates''
and inserting ``foreign bank or any affiliate thereof'';
(4) in paragraph (9)(D)--
(A) in clause (i)--
(i) by striking ``the financial institution and all
affiliates of the institution'' and inserting ``the foreign
bank and all affiliates thereof''; and
(ii) by striking ``financial institution or any such
affiliate'' and inserting ``foreign bank or affiliate
thereof'';
(B) in clause (ii), by striking ``financial institution and
any affiliate of such institution'' and inserting ``foreign
bank and any affiliate thereof''; and
(C) in clause (iii), by striking ``financial institution''
and inserting ``foreign bank or any affiliate thereof''; and
(5) in paragraph (9)(E)--
(A) in clause (i)--
(i) by striking ``a financial institution and the
affiliates of such institution'' and inserting ``a foreign
bank or any affiliate thereof''; and
(ii) by striking ``institution or affiliate'' each place
such term appears and inserting ``foreign bank or any
affiliate thereof''; and
[[Page 2588]]
(B) in clause (ii), by striking ``financial institution and
any affiliate of such institution'' and inserting ``foreign
bank and any affiliate thereof''.
SEC. 2227. CREDIT AVAILABILITY ASSESSMENT.
(a) Study.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, and once every 60 months thereafter,
the Board, in consultation with the Director of the Office of
Thrift Supervision, the Comptroller of the Currency, the
Board of Directors of the Corporation, the Administrator of
the National Credit Union Administration, the Administrator
of the Small Business Administration, and the Secretary of
Commerce, shall conduct a study and submit a report to the
Congress detailing the extent of small business lending by
all creditors.
(2) Contents of study.--The study required under paragraph
(1) shall identify, to the extent practicable, those factors
which provide policymakers with insights into the small
business credit market, including--
(A) the demand for small business credit, including
consideration of the impact of economic cycles on the levels
of such demand;
(B) the availability of credit to small businesses;
(C) the range of credit options available to small
businesses, such as those available from insured depository
institutions and other providers of credit;
(D) the types of credit products used to finance small
business operations, including the use of traditional loans,
leases, lines of credit, home equity loans, credit cards, and
other sources of financing;
(E) the credit needs of small businesses, including, if
appropriate, the extent to which such needs differ, based
upon product type, size of business, cash flow requirements,
characteristics of ownership or investors, or other aspects
of such business;
(F) the types of risks to creditors in providing credit to
small businesses; and
(G) such other factors as the Board deems appropriate.
(b) Use of Existing Data.--The studies required by this
section shall not increase the regulatory or paperwork burden
on regulated financial institutions, other sources of small
business credit, or small businesses.
CHAPTER 3--REGULATORY MICROMANAGEMENT RELIEF
SEC. 2241. NATIONAL BANK DIRECTORS.
Section 5146 of the Revised Statutes of the United States
(12 U.S.C. 72) is amended in the first sentence, by striking
``except'' and all that follows through the end of the
sentence and inserting the following: ``except that the
Comptroller may, in the discretion of the Comptroller, waive
the requirement of residency.''.
SEC. 2242. PAPERWORK REDUCTION REVIEW.
Section 303(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4803(a)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) review the extent to which existing regulations
require insured depository institutions and insured credit
unions to produce unnecessary internal written policies and
eliminate such requirements, where appropriate;''.
SEC. 2243. STATE BANK REPRESENTATION ON BOARD OF DIRECTORS OF
THE FDIC.
Section 2(a)(1)(C) of the Federal Deposit Insurance Act (12
U.S.C. 1812(a)(1)(C)) is amended by inserting before the
period ``, 1 of whom shall have State bank supervisory
experience''.
SEC. 2244. CONSULTATION AMONG EXAMINERS.
(a) In General.--Section 10 of the Federal Deposit
Insurance Act (12 U.S.C. 1820) is amended by adding at the
end the following new subsection:
``(j) Consultation Among Examiners.--
``(1) In general.--Each appropriate Federal banking agency
shall take such action as may be necessary to ensure that
examiners employed by the agency--
``(A) consult on examination activities with respect to any
depository institution; and
``(B) achieve an agreement and resolve any inconsistencies
in the recommendations to be given to such institution as a
consequence of any examinations.
``(2) Examiner-in-charge.--Each appropriate Federal banking
agency shall consider appointing an examiner-in-charge with
respect to a depository institution to ensure consultation on
examination activities among all of the examiners of that
agency involved in examinations of the institution.''.
(b) Coordinated and Unified Examination Flexibility.--
Section 10(d)(6)(B) of the Federal Deposit Insurance Act (12
U.S.C. 1820(d)(6)(B)) is amended by inserting ``or State bank
supervisors'' after ``one of the Federal agencies''.
Subtitle C--Regulatory Impact on Cost of Credit and Credit Availability
SEC. 2301. AUDIT COSTS.
(a) Auditor Attestations.--Section 36 of the Federal
Deposit Insurance Act (12 U.S.C. 1831m) is amended by
striking subsection (e) and inserting the following:
``(e) [Repealed]''.
(b) Independent Audit Committees.--Section 36(g)(1) of the
Federal Deposit Insurance Act (12 U.S.C. 1831m(g)(1)) is
amended--
(1) in subparagraph (A), by inserting ``, except as
provided in subparagraph (D)'' after ``management of the
institution''; and
(2) by adding at the end the following new subparagraph:
``(D) Exemption authority.--
``(i) In general.--An appropriate Federal banking agency
may, by order or regulation, permit the independent audit
committee of an insured depository institution to be made up
of less than all, but no fewer than a majority of, outside
directors, if the agency determines that the institution has
encountered hardships in retaining and recruiting a
sufficient number of competent outside directors to serve on
the internal audit committee of the institution.
``(ii) Factors to be considered.--In determining whether an
insured depository institution has encountered hardships
referred to in clause (i), the appropriate Federal banking
agency shall consider factors such as the size of the
institution, and whether the institution has made a good
faith effort to elect or name additional competent outside
directors to the board of directors of the institution who
may serve on the internal audit committee.''.
(c) Public Availability.--Section 36(a)(3) of the Federal
Deposit Insurance Act (12 U.S.C. 1831m(a)(3)) is amended by
adding at the end the following: ``Notwithstanding the
preceding sentence, the Corporation and the appropriate
Federal banking agencies may designate certain information as
privileged and confidential and not available to the
public.''.
SEC. 2302. INCENTIVES FOR SELF-TESTING.
(a) Equal Credit Opportunity.--
(1) In general.--The Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) is amended by inserting after section
704 the following new section:
``SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.
``(a) Privileged Information.--
``(1) Conditions for privilege.--A report or result of a
self-test (as that term is defined by regulations of the
Board) shall be considered to be privileged under paragraph
(2) if a creditor--
``(A) conducts, or authorizes an independent third party to
conduct, a self-test of any aspect of a credit transaction by
a creditor, in order to determine the level or effectiveness
of compliance with this title by the creditor; and
``(B) has identified any possible violation of this title
by the creditor and has taken, or is taking, appropriate
corrective action to address any such possible violation.
``(2) Privileged self-test.--If a creditor meets the
conditions specified in subparagraphs (A) and (B) of
paragraph (1) with respect to a self-test described in that
paragraph, any report or results of that self-test--
``(A) shall be privileged; and
``(B) may not be obtained or used by any applicant,
department, or agency in any--
``(i) proceeding or civil action in which one or more
violations of this title are alleged; or
``(ii) examination or investigation relating to compliance
with this title.
``(b) Results of Self-Testing.--
``(1) In general.--No provision of this section may be
construed to prevent an applicant, department, or agency from
obtaining or using a report or results of any self-test in
any proceeding or civil action in which a violation of this
title is alleged, or in any examination or investigation of
compliance with this title if--
``(A) the creditor or any person with lawful access to the
report or results--
``(i) voluntarily releases or discloses all, or any part
of, the report or results to the applicant, department, or
agency, or to the general public; or
``(ii) refers to or describes the report or results as a
defense to charges of violations of this title against the
creditor to whom the self-test relates; or
``(B) the report or results are sought in conjunction with
an adjudication or admission of a violation of this title for
the sole purpose of determining an appropriate penalty or
remedy.
``(2) Disclosure for determination of penalty or remedy.--
Any report or results of a self-test that are disclosed for
the purpose specified in paragraph (1)(B)--
``(A) shall be used only for the particular proceeding in
which the adjudication or admission referred to in paragraph
(1)(B) is made; and
``(B) may not be used in any other action or proceeding.
``(c) Adjudication.--An applicant, department, or agency
that challenges a privilege asserted under this section may
seek a determination of the existence and application of that
privilege in--
``(1) a court of competent jurisdiction; or
``(2) an administrative law proceeding with appropriate
jurisdiction.''.
(2) Regulations.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, in consultation with the Secretary of
Housing and Urban Development and the agencies referred to in
section 704 of the Equal Credit Opportunity Act, and after
providing notice and an opportunity for public comment, the
Board shall prescribe final regulations to implement section
704A of the Equal Credit Opportunity Act, as added by this
section.
(B) Self-test.--
(i) Definition.--The regulations prescribed under
subparagraph (A) shall include a definition of the term
``self-test'' for purposes of section 704A of the Equal
Credit Opportunity Act, as added by this section.
(ii) Requirement for self-test.--The regulations prescribed
under subparagraph (A) shall specify that a self-test shall
be sufficiently extensive to constitute a determina
[[Page 2589]]
tion of the level and effectiveness of compliance by a
creditor with the Equal Credit Opportunity Act.
(iii) Substantial similarity to certain fair housing act
regulations.--The regulations prescribed under subparagraph
(A) shall be substantially similar to the regulations
prescribed by the Secretary of Housing and Urban Development
to carry out section 814A(d) of the Fair Housing Act, as
added by this section.
(3) Clerical amendment.--The table of sections for title
VII of the Consumer Credit Protection Act is amended by
inserting after the item relating to section 704 the
following new item:
``704A. Incentives for self-testing and self-correction.''.
(b) Fair Housing.--
(1) In general.--The Fair Housing Act (42 U.S.C. 3601 et
seq.) is amended by inserting after section 814 the following
new section:
``SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF-CORRECTION.
``(a) Privileged Information.--
``(1) Conditions for privilege.--A report or result of a
self-test (as that term is defined by regulation of the
Secretary) shall be considered to be privileged under
paragraph (2) if any person--
``(A) conducts, or authorizes an independent third party to
conduct, a self-test of any aspect of a residential real
estate related lending transaction of that person, or any
part of that transaction, in order to determine the level or
effectiveness of compliance with this title by that person;
and
``(B) has identified any possible violation of this title
by that person and has taken, or is taking, appropriate
corrective action to address any such possible violation.
``(2) Privileged self-test.--If a person meets the
conditions specified in subparagraphs (A) and (B) of
paragraph (1) with respect to a self-test described in that
paragraph, any report or results of that self-test--
``(A) shall be privileged; and
``(B) may not be obtained or used by any applicant,
department, or agency in any--
``(i) proceeding or civil action in which one or more
violations of this title are alleged; or
``(ii) examination or investigation relating to compliance
with this title.
``(b) Results of Self-Testing.--
``(1) In general.--No provision of this section may be
construed to prevent an aggrieved person, complainant,
department, or agency from obtaining or using a report or
results of any self-test in any proceeding or civil action in
which a violation of this title is alleged, or in any
examination or investigation of compliance with this title
if--
``(A) the person to whom the self-test relates or any
person with lawful access to the report or the results--
``(i) voluntarily releases or discloses all, or any part
of, the report or results to the aggrieved person,
complainant, department, or agency, or to the general public;
or
``(ii) refers to or describes the report or results as a
defense to charges of violations of this title against the
person to whom the self-test relates; or
``(B) the report or results are sought in conjunction with
an adjudication or admission of a violation of this title for
the sole purpose of determining an appropriate penalty or
remedy.
``(2) Disclosure for determination of penalty or remedy.--
Any report or results of a self-test that are disclosed for
the purpose specified in paragraph (1)(B)--
``(A) shall be used only for the particular proceeding in
which the adjudication or admission referred to in paragraph
(1)(B) is made; and
``(B) may not be used in any other action or proceeding.
``(c) Adjudication.--An aggrieved person, complainant,
department, or agency that challenges a privilege asserted
under this section may seek a determination of the existence
and application of that privilege in--
``(1) a court of competent jurisdiction; or
``(2) an administrative law proceeding with appropriate
jurisdiction.''.
(2) Regulations.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, in consultation with the Board and
after providing notice and an opportunity for public comment,
the Secretary of Housing and Urban Development shall
prescribe final regulations to implement section 814A of the
Fair Housing Act, as added by this section.
(B) Self-test.--
(i) Definition.--The regulations prescribed by the
Secretary under subparagraph (A) shall include a definition
of the term ``self-test'' for purposes of section 814A of the
Fair Housing Act, as added by this section.
(ii) Requirement for self-test.--The regulations prescribed
by the Secretary under subparagraph (A) shall specify that a
self-test shall be sufficiently extensive to constitute a
determination of the level and effectiveness of the
compliance by a person engaged in residential real estate
related lending activities with the Fair Housing Act.
(iii) Substantial similarity to certain equal credit
opportunity act regulations.--The regulations prescribed
under subparagraph (A) shall be substantially similar to the
regulations prescribed by the Board to carry out section 704A
of the Equal Credit Opportunity Act, as added by this
section.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
privilege provided for in section 704A of the Equal Credit
Opportunity Act or section 814A of the Fair Housing Act (as
those sections are added by this section) shall apply to a
self-test (as that term is defined pursuant to the
regulations prescribed under subsection (a)(2) or (b)(2) of
this section, as appropriate) conducted before, on, or after
the effective date of the regulations prescribed under
subsection (a)(2) or (b)(2), as appropriate.
(2) Exception.--The privilege referred to in paragraph (1)
does not apply to such a self-test conducted before the
effective date of the regulations prescribed under subsection
(a) or (b), as appropriate, if--
(A) before that effective date, a complaint against the
creditor or person engaged in residential real estate related
lending activities (as the case may be) was--
(i) formally filed in any court of competent jurisdiction;
or
(ii) the subject of an ongoing administrative law
proceeding;
(B) in the case of section 704A of the Equal Credit
Opportunity Act, the creditor has waived the privilege
pursuant to subsection (b)(1)(A)(i) of that section; or
(C) in the case of section 814A of the Fair Housing Act,
the person engaged in residential real estate related lending
activities has waived the privilege pursuant to subsection
(b)(1)(A)(i) of that section.
SEC. 2303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.
(a) Credit Cards.--Section 5(b) of the Home Owners' Loan
Act (12 U.S.C. 1464(b)) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
(b) Loans or Investments Without Percentage of Assets
Limitation.--Section 5(c)(1) of the Home Owners' Loan Act (12
U.S.C. 1464(c)(1)) is amended by adding at the end the
following new subparagraphs:
``(T) Credit card loans.--Loans made through credit cards
or credit card accounts.
``(U) Educational loans.--Loans made for the payment of
educational expenses.''.
(c) Commercial and Other Loans.--Section 5(c)(2)(A) of the
Home Owners' Loan Act (12 U.S.C. 1464(c)(2)(A)) is amended to
read as follows:
``(A) Commercial and other loans.--Secured or unsecured
loans for commercial, corporate, business, or agricultural
purposes. The aggregate amount of loans made under this
subparagraph may not exceed 20 percent of the total assets of
the Federal savings association, and amounts in excess of 10
percent of such total assets may be used under this
subparagraph only for small business loans, as that term is
defined by the Director.''.
(d) Loans or Investments Limited to 5 Percent of Assets.--
Section 5(c)(3) of the Home Owners' Loan Act (12 U.S.C.
1464(c)(3)) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively.
(e) Qualified Thrift Lender Test.--Section 10(m)(1) of the
Home Owners' Loan Act (12 U.S.C. 1467a(m)(1)) is amended--
(1) by redesignating subparagraph (B) as clause (ii);
(2) in subparagraph (A), by striking ``(A) the savings''
and inserting ``(B)(i) the savings''; and
(3) by inserting after ``if--'' the following new
subparagraph:
``(A) the savings association qualifies as a domestic
building and loan association, as such term is defined in
section 7701(a)(19) of the Internal Revenue Code of 1986;
or''.
(f) Branching.--Section 5(r) of the Home Owners' Loan Act
(12 U.S.C. 1464(r)) is amended--
(1) in paragraph (1)--
(A) in the first sentence--
(i) by inserting before the period ``, or qualifies as a
qualified thrift lender, as determined under section 10(m) of
this Act''; and
(ii) by striking ``(c)'' and inserting ``(C)''; and
(B) in the second sentence, by inserting before the period
``or as a qualified thrift lender, as determined under
section 10(m) of this Act, as applicable''; and
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) the law of the State where the branch is located, or
is to be located, would permit establishment of the branch if
the association was a savings association or savings bank
chartered by the State in which its home office is located;
or''.
(g) Definition.--Section 10(m)(4) of the Home Owners' Loan
Act (12 U.S.C. 1467a(m)(4)) is amended--
(1) by striking ``subsection--'' and inserting
``subsection, the following definitions shall apply:'';
(2) in subparagraph (C)--
(A) in clause (ii), by adding at the end the following new
subclause:
``(VII) Loans for educational purposes, loans to small
businesses, and loans made through credit cards or credit
card accounts.''; and
(B) in clause (iii), by striking subclause (VI) and
inserting the following:
``(VI) Loans for personal, family, or household purposes
(other than loans for personal, family, or household purposes
described in clause (ii)(VII)).''; and
(3) by adding at the end the following new subparagraphs:
``(D) Credit card.--The Director shall issue such
regulations as may be necessary to define the term `credit
card'.
[[Page 2590]]
``(E) Small business.--The Director shall issue such
regulations as may be necessary to define the term `small
business'.''.
SEC. 2304. LIMITED PURPOSE BANKS.
(a) Growth Cap Relief.--Section 4(f)(3)(B) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1843(f)(3)(B)) is
amended--
(1) in clause (ii), by adding ``or'' at the end;
(2) in clause (iii), by striking ``; or'' at the end and
inserting a period; and
(3) by striking clause (iv).
(b) Limited Purpose Bank Exception.--Section 2(c)(2)(F) of
the Bank Holding Company Act of 1956 (12 U.S.C.
1841(c)(2)(F)) is amended by inserting ``, including an
institution that accepts collateral for extensions of credit
by holding deposits under $100,000, and by other means''
after ``An institution''.
SEC. 2305. AMENDMENT TO FAIR DEBT COLLECTION PRACTICES ACT.
(a) In General.--Section 807(11) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692e(11)) is amended to
read as follows:
``(11) The failure to disclose in the initial written
communication with the consumer and, in addition, if the
initial communication with the consumer is oral, in that
initial oral communication, that the debt collector is
attempting to collect a debt and that any information
obtained will be used for that purpose, and the failure to
disclose in subsequent communications that the communication
is from a debt collector, except that this paragraph shall
not apply to a formal pleading made in connection with a
legal action.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of enactment of this
Act and shall apply to all communications made after that
date of enactment.
SEC. 2306. INCREASE IN CERTAIN CREDIT UNION LOAN CEILINGS.
Section 107(5)(A) of the Federal Credit Union Act (12
U.S.C. 1757(5)(A)) is amended--
(1) in clause (iv), by striking ``$10,000'' and inserting
``$20,000''; and
(2) in clause (v), by striking ``$10,000'' and inserting
``$20,000''.
SEC. 2307. BANK INVESTMENTS IN EDGE ACT AND AGREEMENT
CORPORATIONS.
The 10th undesignated paragraph of section 25A of the
Federal Reserve Act (12 U.S.C. 618) is amended by striking
the last sentence and inserting the following: ``Any national
bank may invest in the stock of any corporation organized
under this section. The aggregate amount of stock held by any
national bank in all corporations engaged in business of the
kind described in this section or section 25 shall not exceed
an amount equal to 10 percent of the capital and surplus of
such bank unless the Board determines that the investment of
an additional amount by the bank would not be unsafe or
unsound and, in any case, shall not exceed an amount equal to
20 percent of the capital and surplus of such bank.''.
Subtitle D--Consumer Credit
CHAPTER 1--CREDIT REPORTING REFORM
SEC. 2401. SHORT TITLE.
This chapter may be cited as the ``Consumer Credit
Reporting Reform Act of 1996''.
SEC. 2402. DEFINITIONS.
(a) Adverse Action.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at the
end the following new subsection:
``(k) Adverse Action.--
``(1) Actions included.--The term `adverse action'--
``(A) has the same meaning as in section 701(d)(6) of the
Equal Credit Opportunity Act; and
``(B) means--
``(i) a denial or cancellation of, an increase in any
charge for, or a reduction or other adverse or unfavorable
change in the terms of coverage or amount of, any insurance,
existing or applied for, in connection with the underwriting
of insurance;
``(ii) a denial of employment or any other decision for
employment purposes that adversely affects any current or
prospective employee;
``(iii) a denial or cancellation of, an increase in any
charge for, or any other adverse or unfavorable change in the
terms of, any license or benefit described in section
604(a)(3)(D); and
``(iv) an action taken or determination that is--
``(I) made in connection with an application that was made
by, or a transaction that was initiated by, any consumer, or
in connection with a review of an account under section
604(a)(3)(F)(ii); and
``(II) adverse to the interests of the consumer.
``(2) Applicable findings, decisions, commentary, and
orders.--For purposes of any determination of whether an
action is an adverse action under paragraph (1)(A), all
appropriate final findings, decisions, commentary, and orders
issued under section 701(d)(6) of the Equal Credit
Opportunity Act by the Board of Governors of the Federal
Reserve System or any court shall apply.''.
(b) Firm Offer of Credit or Insurance.--Section 603 of the
Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by
subsection (a) of this section) is amended by adding at the
end the following new subsection:
``(l) Firm Offer of Credit or Insurance.--The term `firm
offer of credit or insurance' means any offer of credit or
insurance to a consumer that will be honored if the consumer
is determined, based on information in a consumer report on
the consumer, to meet the specific criteria used to select
the consumer for the offer, except that the offer may be
further conditioned on one or more of the following:
``(1) The consumer being determined, based on information
in the consumer's application for the credit or insurance, to
meet specific criteria bearing on credit worthiness or
insurability, as applicable, that are established--
``(A) before selection of the consumer for the offer; and
``(B) for the purpose of determining whether to extend
credit or insurance pursuant to the offer.
``(2) Verification--
``(A) that the consumer continues to meet the specific
criteria used to select the consumer for the offer, by using
information in a consumer report on the consumer, information
in the consumer's application for the credit or insurance, or
other information bearing on the credit worthiness or
insurability of the consumer; or
``(B) of the information in the consumer's application for
the credit or insurance, to determine that the consumer meets
the specific criteria bearing on credit worthiness or
insurability.
``(3) The consumer furnishing any collateral that is a
requirement for the extension of the credit or insurance that
was--
``(A) established before selection of the consumer for the
offer of credit or insurance; and
``(B) disclosed to the consumer in the offer of credit or
insurance.''.
(c) Credit or Insurance Transaction That Is Not Initiated
by the Consumer.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) (as amended by subsection (b) of this
section) is amended by adding at the end the following new
subsection:
``(m) Credit or Insurance Transaction That Is Not Initiated
by the Consumer.--The term `credit or insurance transaction
that is not initiated by the consumer' does not include the
use of a consumer report by a person with which the consumer
has an account or insurance policy, for purposes of--
``(1) reviewing the account or insurance policy; or
``(2) collecting the account.''.
(d) State.--Section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a) (as amended by subsection (c) of this
section) is amended by adding at the end the following new
subsection:
``(n) State.--The term `State' means any State, the
Commonwealth of Puerto Rico, the District of Columbia, and
any territory or possession of the United States.''.
(e) Definition of Consumer Report.--Section 603(d) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended--
(1) by striking ``(d) The term'' and inserting the
following:
``(d) Consumer Report.--
``(1) In general.--The term'';
(2) by striking ``for (1) credit'' and inserting the
following: ``for--
``(A) credit'';
(3) by striking ``purposes, or (2)'' and all that follows
through ``section 604.'' and inserting the following:
``purposes;
``(B) employment purposes; or
``(C) any other purpose authorized under section 604.'';
and
(4) by striking the second sentence and inserting the
following:
``(2) Exclusions.--The term `consumer report' does not
include--
``(A) any--
``(i) report containing information solely as to
transactions or experiences between the consumer and the
person making the report;
``(ii) communication of that information among persons
related by common ownership or affiliated by corporate
control; or
``(iii) any communication of other information among
persons related by common ownership or affiliated by
corporate control, if it is clearly and conspicuously
disclosed to the consumer that the information may be
communicated among such persons and the consumer is given the
opportunity, before the time that the information is
initially communicated, to direct that such information not
be communicated among such persons;
``(B) any authorization or approval of a specific extension
of credit directly or indirectly by the issuer of a credit
card or similar device;
``(C) any report in which a person who has been requested
by a third party to make a specific extension of credit
directly or indirectly to a consumer conveys his or her
decision with respect to such request, if the third party
advises the consumer of the name and address of the person to
whom the request was made, and such person makes the
disclosures to the consumer required under section 615; or
``(D) a communication described in subsection (o).''.
(f) Exclusion of Certain Communications by Employment
Agencies From Definition of Consumer Report.--Section 603 of
the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by
adding at the end the following new subsection:
``(o) Excluded Communications.--A communication is
described in this subsection if it is a communication--
``(1) that, but for subsection (d)(2)(E), would be an
investigative consumer report;
``(2) that is made to a prospective employer for the
purpose of--
``(A) procuring an employee for the employer; or
``(B) procuring an opportunity for a natural person to work
for the employer;
``(3) that is made by a person who regularly performs such
procurement;
[[Page 2591]]
``(4) that is not used by any person for any purpose other
than a purpose described in subparagraph (A) or (B) of
paragraph (2); or
``(5) with respect to which--
``(A) the consumer who is the subject of the
communication--
``(i) consents orally or in writing to the nature and scope
of the communication, before the collection of any
information for the purpose of making the communication;
``(ii) consents orally or in writing to the making of the
communication to a prospective employer, before the making of
the communication; and
``(iii) in the case of consent under clause (i) or (ii)
given orally, is provided written confirmation of that
consent by the person making the communication, not later
than 3 business days after the receipt of the consent by that
person;
``(B) the person who makes the communication does not, for
the purpose of making the communication, make any inquiry
that if made by a prospective employer of the consumer who is
the subject of the communication would violate any applicable
Federal or State equal employment opportunity law or
regulation; and
``(C) the person who makes the communication--
``(i) discloses in writing to the consumer who is the
subject of the communication, not later than 5 business days
after receiving any request from the consumer for such
disclosure, the nature and substance of all information in
the consumer's file at the time of the request, except that
the sources of any information that is acquired solely for
use in making the communication and is actually used for no
other purpose, need not be disclosed other than under
appropriate discovery procedures in any court of competent
jurisdiction in which an action is brought; and
``(ii) notifies the consumer who is the subject of the
communication, in writing, of the consumer's right to request
the information described in clause (i).''.
(g) Consumer Reporting Agency That Compiles and Maintains
Files on a Nationwide Basis.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) (as amended by subsection (f)
of this section) is amended by adding at the end the
following new subsection:
``(p) Consumer Reporting Agency That Compiles and Maintains
Files on Consumers on a Nationwide Basis.--The term `consumer
reporting agency that compiles and maintains files on
consumers on a nationwide basis' means a consumer reporting
agency that regularly engages in the practice of assembling
or evaluating, and maintaining, for the purpose of furnishing
consumer reports to third parties bearing on a consumer's
credit worthiness, credit standing, or credit capacity, each
of the following regarding consumers residing nationwide:
``(1) Public record information.
``(2) Credit account information from persons who furnish
that information regularly and in the ordinary course of
business.''.
SEC. 2403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT
PURPOSES.
(a) Furnishing Consumer Reports for Business
Transactions.--Section 604 of the Fair Credit Reporting Act
(15 U.S.C. 1681b) is amended--
(1) by inserting ``(a) In General.--'' before ``A consumer
reporting agency''; and
(2) in subsection (a)(3) (as so designated by paragraph (1)
of this subsection), by striking subparagraph (E) and
inserting the following:
``(E) intends to use the information, as a potential
investor or servicer, or current insurer, in connection with
a valuation of, or an assessment of the credit or prepayment
risks associated with, an existing credit obligation; or
``(F) otherwise has a legitimate business need for the
information--
``(i) in connection with a business transaction that is
initiated by the consumer; or
``(ii) to review an account to determine whether the
consumer continues to meet the terms of the account.''.
(b) Furnishing and Using Consumer Reports for Employment
Purposes.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following
new subsection:
``(b) Conditions for Furnishing and Using Consumer Reports
for Employment Purposes.--
``(1) Certification from user.--A consumer reporting agency
may furnish a consumer report for employment purposes only
if--
``(A) the person who obtains such report from the agency
certifies to the agency that--
``(i) the person has complied with paragraph (2) with
respect to the consumer report, and the person will comply
with paragraph (3) with respect to the consumer report if
paragraph (3) becomes applicable; and
``(ii) information from the consumer report will not be
used in violation of any applicable Federal or State equal
employment opportunity law or regulation; and
``(B) the consumer reporting agency provides with the
report a summary of the consumer's rights under this title,
as prescribed by the Federal Trade Commission under section
609(c)(3).
``(2) Disclosure to consumer.--A person may not procure a
consumer report, or cause a consumer report to be procured,
for employment purposes with respect to any consumer,
unless--
``(A) a clear and conspicuous disclosure has been made in
writing to the consumer at any time before the report is
procured or caused to be procured, in a document that
consists solely of the disclosure, that a consumer report may
be obtained for employment purposes; and
``(B) the consumer has authorized in writing the
procurement of the report by that person.
``(3) Conditions on use for adverse actions.--In using a
consumer report for employment purposes, before taking any
adverse action based in whole or in part on the report, the
person intending to take such adverse action shall provide to
the consumer to whom the report relates--
``(A) a copy of the report; and
``(B) a description in writing of the rights of the
consumer under this title, as prescribed by the Federal Trade
Commission under section 609(c)(3).''.
SEC. 2404. USE OF CONSUMER REPORTS FOR PRESCREENING;
PROHIBITION ON UNAUTHORIZED OR UNCERTIFIED USE
OF INFORMATION.
(a) In General.--Section 604 of the Fair Credit Reporting
Act (15 U.S.C. 1681b) (as amended by section 2403 of this
chapter) is amended--
(1) in subsection (a), by striking ``A consumer reporting
agency'' and inserting ``Subject to subsection (c), any
consumer reporting agency''; and
(2) by adding at the end the following new subsections:
``(c) Furnishing Reports in Connection With Credit or
Insurance Transactions That Are Not Initiated by the
Consumer.--
``(1) In general.--A consumer reporting agency may furnish
a consumer report relating to any consumer pursuant to
subparagraph (A) or (C) of subsection (a)(3) in connection
with any credit or insurance transaction that is not
initiated by the consumer only if--
``(A) the consumer authorizes the agency to provide such
report to such person; or
``(B)(i) the transaction consists of a firm offer of credit
or insurance;
``(ii) the consumer reporting agency has complied with
subsection (e); and
``(iii) there is not in effect an election by the consumer,
made in accordance with subsection (e), to have the
consumer's name and address excluded from lists of names
provided by the agency pursuant to this paragraph.
``(2) Limits on information received under paragraph
(1)(b).--A person may receive pursuant to paragraph (1)(B)
only--
``(A) the name and address of a consumer;
``(B) an identifier that is not unique to the consumer and
that is used by the person solely for the purpose of
verifying the identity of the consumer; and
``(C) other information pertaining to a consumer that does
not identify the relationship or experience of the consumer
with respect to a particular creditor or other entity.
``(3) Information regarding inquiries.--Except as provided
in section 609(a)(5), a consumer reporting agency shall not
furnish to any person a record of inquiries in connection
with a credit or insurance transaction that is not initiated
by a consumer.
``(d) Reserved.
``(e) Election of Consumer To Be Excluded From Lists.--
``(1) In general.--A consumer may elect to have the
consumer's name and address excluded from any list provided
by a consumer reporting agency under subsection (c)(1)(B) in
connection with a credit or insurance transaction that is not
initiated by the consumer by notifying the agency in
accordance with paragraph (2) that the consumer does not
consent to any use of a consumer report relating to the
consumer in connection with any credit or insurance
transaction that is not initiated by the consumer.
``(2) Manner of notification.--A consumer shall notify a
consumer reporting agency under paragraph (1)--
``(A) through the notification system maintained by the
agency under paragraph (5); or
``(B) by submitting to the agency a signed notice of
election form issued by the agency for purposes of this
subparagraph.
``(3) Response of agency after notification through
system.--Upon receipt of notification of the election of a
consumer under paragraph (1) through the notification system
maintained by the agency under paragraph (5), a consumer
reporting agency shall--
``(A) inform the consumer that the election is effective
only for the 2-year period following the election if the
consumer does not submit to the agency a signed notice of
election form issued by the agency for purposes of paragraph
(2)(B); and
``(B) provide to the consumer a notice of election form, if
requested by the consumer, not later than 5 business days
after receipt of the notification of the election through the
system established under paragraph (5), in the case of a
request made at the time the consumer provides notification
through the system.
``(4) Effectiveness of election.--An election of a consumer
under paragraph (1)--
``(A) shall be effective with respect to a consumer
reporting agency beginning 5 business days after the date on
which the consumer notifies the agency in accordance with
paragraph (2);
``(B) shall be effective with respect to a consumer
reporting agency--
``(i) subject to subparagraph (C), during the 2-year period
beginning 5 business days after the date on which the
consumer notifies the agency of the election, in the case of
an election for which a consumer notifies the agen
[[Page 2592]]
cy only in accordance with paragraph (2)(A); or
``(ii) until the consumer notifies the agency under
subparagraph (C), in the case of an election for which a
consumer notifies the agency in accordance with paragraph
(2)(B);
``(C) shall not be effective after the date on which the
consumer notifies the agency, through the notification system
established by the agency under paragraph (5), that the
election is no longer effective; and
``(D) shall be effective with respect to each affiliate of
the agency.
``(5) Notification system.--
``(A) In general.--Each consumer reporting agency that,
under subsection (c)(1)(B), furnishes a consumer report in
connection with a credit or insurance transaction that is not
initiated by a consumer shall--
``(i) establish and maintain a notification system,
including a toll-free telephone number, which permits any
consumer whose consumer report is maintained by the agency to
notify the agency, with appropriate identification, of the
consumer's election to have the consumer's name and address
excluded from any such list of names and addresses provided
by the agency for such a transaction; and
``(ii) publish by not later than 365 days after the date of
enactment of the Consumer Credit Reporting Reform Act of
1996, and not less than annually thereafter, in a publication
of general circulation in the area served by the agency--
``(I) a notification that information in consumer files
maintained by the agency may be used in connection with such
transactions; and
``(II) the address and toll-free telephone number for
consumers to use to notify the agency of the consumer's
election under clause (i).
``(B) Establishment and maintenance as compliance.--
Establishment and maintenance of a notification system
(including a toll-free telephone number) and publication by a
consumer reporting agency on the agency's own behalf and on
behalf of any of its affiliates in accordance with this
paragraph is deemed to be compliance with this paragraph by
each of those affiliates.
``(6) Notification system by agencies that operate
nationwide.--Each consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis shall
establish and maintain a notification system for purposes of
paragraph (5) jointly with other such consumer reporting
agencies.''.
(b) Use of Information Obtained From Reports.--Section 604
of the Fair Credit Reporting Act (15 U.S.C. 1681b) (as
amended by subsection (a) of this section) is amended by
adding at the end the following new subsection:
``(f) Certain Use or Obtaining of Information Prohibited.--
A person shall not use or obtain a consumer report for any
purpose unless--
``(1) the consumer report is obtained for a purpose for
which the consumer report is authorized to be furnished under
this section; and
``(2) the purpose is certified in accordance with section
607 by a prospective user of the report through a general or
specific certification.''.
(c) FTC Guidelines Regarding Prescreening for Insurance
Transactions.--The Federal Trade Commission may issue such
guidelines as it deems necessary with respect to the use of
consumer reports in connection with insurance transactions
that are not initiated by the consumer pursuant to section
604(c) of the Fair Credit Reporting Act, as added by
subsection (a) of this section.
SEC. 2405. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER
REPORT CONTAINING MEDICAL INFORMATION.
Section 604 of the Fair Credit Reporting Act (15 U.S.C.
1681b) is amended by adding at the end the following new
subsection:
``(g) Furnishing Reports Containing Medical Information.--A
consumer reporting agency shall not furnish for employment
purposes, or in connection with a credit or insurance
transaction or a direct marketing transaction, a consumer
report that contains medical information about a consumer,
unless the consumer consents to the furnishing of the
report.''.
SEC. 2406. OBSOLETE INFORMATION AND INFORMATION CONTAINED IN
CONSUMER REPORTS.
(a) Amendment to Large-Dollar Exception.--Section 605 of
the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended--
(1) by inserting ``Information Excluded From Consumer
Reports.--'' after ``(a)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``$50,000'' and inserting
``$150,000'';
(B) in paragraph (2), by striking ``$50,000'' and inserting
``$150,000''; and
(C) in paragraph (3), by striking ``$20,000'' and inserting
``$75,000''.
(b) Clarification of Reporting Period.--Section 605 of the
Fair Credit Reporting Act (15 U.S.C. 1681c) (as amended by
subsection (a) of this section) is amended by adding at the
end the following new subsection:
``(c) Running of Reporting Period.--
``(1) In general.--The 7-year period referred to in
paragraphs (4) and (6) of subsection (a) shall begin, with
respect to any delinquent account that is placed for
collection (internally or by referral to a third party,
whichever is earlier), charged to profit and loss, or
subjected to any similar action, upon the expiration of the
180-day period beginning on the date of the commencement of
the delinquency which immediately preceded the collection
activity, charge to profit and loss, or similar action.
``(2) Effective date.--Paragraph (1) shall apply only to
items of information added to the file of a consumer on or
after the date that is 455 days after the date of enactment
of the Consumer Credit Reporting Reform Act of 1996.''.
(c) Additional Information on Bankruptcy Filings
Required.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following
new subsection:
``(d) Information Required To Be Disclosed.--Any consumer
reporting agency that furnishes a consumer report that
contains information regarding any case involving the
consumer that arises under title 11, United States Code,
shall include in the report an identification of the chapter
of such title 11 under which such case arises if provided by
the source of the information. If any case arising or filed
under title 11, United States Code, is withdrawn by the
consumer before a final judgment, the consumer reporting
agency shall include in the report that such case or filing
was withdrawn upon receipt of documentation certifying such
withdrawal.''.
(d) Indication of Closure of Account; Indication of Dispute
by Consumer.--Section 605 of the Fair Credit Reporting Act
(15 U.S.C. 1681c) is amended by adding at the end the
following new subsections:
``(e) Indication of Closure of Account by Consumer.--If a
consumer reporting agency is notified pursuant to section
623(a)(4) that a credit account of a consumer was voluntarily
closed by the consumer, the agency shall indicate that fact
in any consumer report that includes information related to
the account.
``(f) Indication of Dispute by Consumer.--If a consumer
reporting agency is notified pursuant to section 623(a)(3)
that information regarding a consumer who was furnished to
the agency is disputed by the consumer, the agency shall
indicate that fact in each consumer report that includes the
disputed information.''.
(e) Conforming Amendments.--
(1) Section 605 of the Fair Credit Reporting Act (15 U.S.C.
1681c) is amended in the section heading, by striking
``obsolete information'' and inserting ``requirements
relating to information contained in consumer reports''.
(2) The table of sections for the Fair Credit Reporting Act
(15 U.S.C. 1681a et seq.) is amended by striking the item
relating to section 605 and inserting the following:
``605. Requirements relating to information contained in consumer
reports.''.
SEC. 2407. COMPLIANCE PROCEDURES.
(a) Disclosure of Consumer Reports by Users.--Section 607
of the Fair Credit Reporting Act (15 U.S.C. 1681e) is amended
by adding at the end the following new subsection:
``(c) Disclosure of Consumer Reports by Users Allowed.--A
consumer reporting agency may not prohibit a user of a
consumer report furnished by the agency on a consumer from
disclosing the contents of the report to the consumer, if
adverse action against the consumer has been taken by the
user based in whole or in part on the report.''.
(b) Notice to Users and Providers of Information To Ensure
Compliance.--Section 607 of the Fair Credit Reporting Act (15
U.S.C. 1681e) is amended by adding after subsection (c) (as
added by subsection (a) of this section) the following new
subsection:
``(d) Notice to Users and Furnishers of Information.--
``(1) Notice requirement.--A consumer reporting agency
shall provide to any person--
``(A) who regularly and in the ordinary course of business
furnishes information to the agency with respect to any
consumer; or
``(B) to whom a consumer report is provided by the agency;
a notice of such person's responsibilities under this title.
``(2) Content of notice.--The Federal Trade Commission
shall prescribe the content of notices under paragraph (1),
and a consumer reporting agency shall be in compliance with
this subsection if it provides a notice under paragraph (1)
that is substantially similar to the Federal Trade Commission
prescription under this paragraph.''.
(c) Record of Identity of Users and Purposes Certified by
Users of Reports.--Section 607 of the Fair Credit Reporting
Act (15 U.S.C. 1681e) is amended by adding after subsection
(d) (as added by subsection (b) of this section) the
following new subsection:
``(e) Procurement of Consumer Report for Resale.--
``(1) Disclosure.--A person may not procure a consumer
report for purposes of reselling the report (or any
information in the report) unless the person discloses to the
consumer reporting agency that originally furnishes the
report--
``(A) the identity of the end-user of the report (or
information); and
``(B) each permissible purpose under section 604 for which
the report is furnished to the end-user of the report (or
information).
``(2) Responsibilities of procurers for resale.--A person
who procures a consumer report for purposes of reselling the
report (or any information in the report) shall--
``(A) establish and comply with reasonable procedures
designed to ensure that the report (or information) is resold
by the person only for a purpose for which the report may be
furnished under section 604, including by requiring that each
person to which the re
[[Page 2593]]
port (or information) is resold and that resells or provides
the report (or information) to any other person--
``(i) identifies each end user of the resold report (or
information);
``(ii) certifies each purpose for which the report (or
information) will be used; and
``(iii) certifies that the report (or information) will be
used for no other purpose; and
``(B) before reselling the report, make reasonable efforts
to verify the identifications and certifications made under
subparagraph (A).''.
SEC. 2408. CONSUMER DISCLOSURES.
(a) All Information in Consumer's File Required To Be
Disclosed.--Section 609(a)(1) of the Fair Credit Reporting
Act (15 U.S.C. 1681g(a)(1)) is amended to read as follows:
``(1) All information in the consumer's file at the time of
the request, except that nothing in this paragraph shall be
construed to require a consumer reporting agency to disclose
to a consumer any information concerning credit scores or any
other risk scores or predictors relating to the consumer.''.
(b) More Information Concerning Recipients of Reports
Required.--Section 609(a)(3) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)) is amended to read as follows:
``(3)(A) Identification of each person (including each end-
user identified under section 607(e)(1)) that procured a
consumer report--
``(i) for employment purposes, during the 2-year period
preceding the date on which the request is made; or
``(ii) for any other purpose, during the 1-year period
preceding the date on which the request is made.
``(B) An identification of a person under subparagraph (A)
shall include--
``(i) the name of the person or, if applicable, the trade
name (written in full) under which such person conducts
business; and
``(ii) upon request of the consumer, the address and
telephone number of the person.''.
(c) Information Regarding Inquiries.--Section 609(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by
adding at the end the following new paragraph:
``(5) A record of all inquiries received by the agency
during the 1-year period preceding the request that
identified the consumer in connection with a credit or
insurance transaction that was not initiated by the
consumer.''.
(d) Summary of Rights Required To Be Included With
Disclosure.--
(1) In general.--Section 609 of the Fair Credit Reporting
Act (15 U.S.C. 1681g) is amended by adding at the end the
following new subsection:
``(c) Summary of Rights Required To Be Included With
Disclosure.--
``(1) Summary of rights.--A consumer reporting agency shall
provide to a consumer, with each written disclosure by the
agency to the consumer under this section--
``(A) a written summary of all of the rights that the
consumer has under this title; and
``(B) in the case of a consumer reporting agency that
compiles and maintains files on consumers on a nationwide
basis, a toll-free telephone number established by the
agency, at which personnel are accessible to consumers during
normal business hours.
``(2) Specific items required to be included.--The summary
of rights required under paragraph (1) shall include--
``(A) a brief description of this title and all rights of
consumers under this title;
``(B) an explanation of how the consumer may exercise the
rights of the consumer under this title;
``(C) a list of all Federal agencies responsible for
enforcing any provision of this title and the address and any
appropriate phone number of each such agency, in a form that
will assist the consumer in selecting the appropriate agency;
``(D) a statement that the consumer may have additional
rights under State law and that the consumer may wish to
contact a State or local consumer protection agency or a
State attorney general to learn of those rights; and
``(E) a statement that a consumer reporting agency is not
required to remove accurate derogatory information from a
consumer's file, unless the information is outdated under
section 605 or cannot be verified.
``(3) Form of summary of rights.--For purposes of this
subsection and any disclosure by a consumer reporting agency
required under this title with respect to consumers' rights,
the Federal Trade Commission (after consultation with each
Federal agency referred to in section 621(b)) shall prescribe
the form and content of any such disclosure of the rights of
consumers required under this title. A consumer reporting
agency shall be in compliance with this subsection if it
provides disclosures under paragraph (1) that are
substantially similar to the Federal Trade Commission
prescription under this paragraph.
``(4) Effectiveness.--No disclosures shall be required
under this subsection until the date on which the Federal
Trade Commission prescribes the form and content of such
disclosures under paragraph (3).''.
(2) Technical amendment.--Section 606(a)(1)(B) of the Fair
Credit Reporting Act (15 U.S.C. 1681d(a)(1)(B)) is amended by
inserting ``and the written summary of the rights of the
consumer prepared pursuant to section 609(c)'' before the
semicolon.
(e) Form of Disclosures.--
(1) In general.--Subsections (a) and (b) of section 610 of
the Fair Credit Reporting Act (15 U.S.C. 1681h) are amended
to read as follows:
``(a) In General.--
``(1) Proper identification.--A consumer reporting agency
shall require, as a condition of making the disclosures
required under section 609, that the consumer furnish proper
identification.
``(2) Disclosure in writing.--Except as provided in
subsection (b), the disclosures required to be made under
section 609 shall be provided under that section in writing.
``(b) Other Forms of Disclosure.--
``(1) In general.--If authorized by a consumer, a consumer
reporting agency may make the disclosures required under
609--
``(A) other than in writing; and
``(B) in such form as may be--
``(i) specified by the consumer in accordance with
paragraph (2); and
``(ii) available from the agency.
``(2) Form.--A consumer may specify pursuant to paragraph
(1) that disclosures under section 609 shall be made--
``(A) in person, upon the appearance of the consumer at the
place of business of the consumer reporting agency where
disclosures are regularly provided, during normal business
hours, and on reasonable notice;
``(B) by telephone, if the consumer has made a written
request for disclosure by telephone;
``(C) by electronic means, if available from the agency; or
``(D) by any other reasonable means that is available from
the agency.''.
(2) Simplified disclosure.--Not later than 90 days after
the date of enactment of this Act, each consumer reporting
agency shall develop a form on which such consumer reporting
agency shall make the disclosures required under section
609(a) of the Fair Credit Reporting Act, for the purpose of
maximizing the comprehensibility and standardization of such
disclosures.
(3) Goals.--The Federal Trade Commission shall take
appropriate action to assure that the goals of
comprehensibility and standardization are achieved in
accordance with paragraph (2).
(4) Defamation.--Section 610(e) of the Fair Credit
Reporting Act (15 U.S.C. 1681h(e)) is amended by inserting
``or based on information disclosed by a user of a consumer
report to or for a consumer against whom the user has taken
adverse action, based in whole or in part on the report''
before ``except''.
(5) Conforming amendments.--The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended--
(A) in section 609(a), in the matter preceding paragraph
(1), by striking ``and proper identification of any
consumer'' and inserting ``, and subject to section
610(a)(1)'';
(B) in section 610, in the section heading, by inserting
``AND FORM'' after ``CONDITIONS''; and
(C) in the table of sections at the beginning of that Act,
in the item relating to section 610, by inserting ``and
form'' after ``conditions''.
SEC. 2409. PROCEDURES IN CASE OF THE DISPUTED ACCURACY OF ANY
INFORMATION IN A CONSUMER'S FILE.
(a) In General.--Section 611(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681i(a)) is amended to read as
follows:
``(a) Reinvestigations of Disputed Information.--
``(1) Reinvestigation required.--
``(A) In general.--If the completeness or accuracy of any
item of information contained in a consumer's file at a
consumer reporting agency is disputed by the consumer and the
consumer notifies the agency directly of such dispute, the
agency shall reinvestigate free of charge and record the
current status of the disputed information, or delete the
item from the file in accordance with paragraph (5), before
the end of the 30-day period beginning on the date on which
the agency receives the notice of the dispute from the
consumer.
``(B) Extension of period to reinvestigate.--Except as
provided in subparagraph (C), the 30-day period described in
subparagraph (A) may be extended for not more than 15
additional days if the consumer reporting agency receives
information from the consumer during that 30-day period that
is relevant to the reinvestigation.
``(C) Limitations on extension of period to
reinvestigate.--Subparagraph (B) shall not apply to any
reinvestigation in which, during the 30-day period described
in subparagraph (A), the information that is the subject of
the reinvestigation is found to be inaccurate or incomplete
or the consumer reporting agency determines that the
information cannot be verified.
``(2) Prompt notice of dispute to furnisher of
information.--
``(A) In general.--Before the expiration of the 5-business-
day period beginning on the date on which a consumer
reporting agency receives notice of a dispute from any
consumer in accordance with paragraph (1), the agency shall
provide notification of the dispute to any person who
provided any item of information in dispute, at the address
and in the manner established with the person. The notice
shall include all relevant information regarding the dispute
that the agency has received from the consumer.
``(B) Provision of other information from consumer.--The
consumer reporting agency shall promptly provide to the
person who provided the information in dispute all relevant
information regarding the dispute that is received by the
agency from the consumer after the period referred to in
subparagraph (A) and before the end of the period referred to
in paragraph (1)(A).
[[Page 2594]]
``(3) Determination that dispute is frivolous or
irrelevant.--
``(A) In general.--Notwithstanding paragraph (1), a
consumer reporting agency may terminate a reinvestigation of
information disputed by a consumer under that paragraph if
the agency reasonably determines that the dispute by the
consumer is frivolous or irrelevant, including by reason of a
failure by a consumer to provide sufficient information to
investigate the disputed information.
``(B) Notice of determination.--Upon making any
determination in accordance with subparagraph (A) that a
dispute is frivolous or irrelevant, a consumer reporting
agency shall notify the consumer of such determination not
later than 5 business days after making such determination,
by mail or, if authorized by the consumer for that purpose,
by any other means available to the agency.
``(C) Contents of notice.--A notice under subparagraph (B)
shall include--
``(i) the reasons for the determination under subparagraph
(A); and
``(ii) identification of any information required to
investigate the disputed information, which may consist of a
standardized form describing the general nature of such
information.
``(4) Consideration of consumer information.--In conducting
any reinvestigation under paragraph (1) with respect to
disputed information in the file of any consumer, the
consumer reporting agency shall review and consider all
relevant information submitted by the consumer in the period
described in paragraph (1)(A) with respect to such disputed
information.
``(5) Treatment of inaccurate or unverifiable
information.--
``(A) In general.--If, after any reinvestigation under
paragraph (1) of any information disputed by a consumer, an
item of the information is found to be inaccurate or
incomplete or cannot be verified, the consumer reporting
agency shall promptly delete that item of information from
the consumer's file or modify that item of information, as
appropriate, based on the results of the reinvestigation.
``(B) Requirements relating to reinsertion of previously
deleted material.--
``(i) Certification of accuracy of information.--If any
information is deleted from a consumer's file pursuant to
subparagraph (A), the information may not be reinserted in
the file by the consumer reporting agency unless the person
who furnishes the information certifies that the information
is complete and accurate.
``(ii) Notice to consumer.--If any information that has
been deleted from a consumer's file pursuant to subparagraph
(A) is reinserted in the file, the consumer reporting agency
shall notify the consumer of the reinsertion in writing not
later than 5 business days after the reinsertion or, if
authorized by the consumer for that purpose, by any other
means available to the agency.
``(iii) Additional information.--As part of, or in addition
to, the notice under clause (ii), a consumer reporting agency
shall provide to a consumer in writing not later than 5
business days after the date of the reinsertion--
``(I) a statement that the disputed information has been
reinserted;
``(II) the business name and address of any furnisher of
information contacted and the telephone number of such
furnisher, if reasonably available, or of any furnisher of
information that contacted the consumer reporting agency, in
connection with the reinsertion of such information; and
``(III) a notice that the consumer has the right to add a
statement to the consumer's file disputing the accuracy or
completeness of the disputed information.
``(C) Procedures to prevent reappearance.--A consumer
reporting agency shall maintain reasonable procedures
designed to prevent the reappearance in a consumer's file,
and in consumer reports on the consumer, of information that
is deleted pursuant to this paragraph (other than information
that is reinserted in accordance with subparagraph (B)(i)).
``(D) Automated reinvestigation system.--Any consumer
reporting agency that compiles and maintains files on
consumers on a nationwide basis shall implement an automated
system through which furnishers of information to that
consumer reporting agency may report the results of a
reinvestigation that finds incomplete or inaccurate
information in a consumer's file to other such consumer
reporting agencies.
``(6) Notice of results of reinvestigation.--
``(A) In general.--A consumer reporting agency shall
provide written notice to a consumer of the results of a
reinvestigation under this subsection not later than 5
business days after the completion of the reinvestigation, by
mail or, if authorized by the consumer for that purpose, by
other means available to the agency.
``(B) Contents.--As part of, or in addition to, the notice
under subparagraph (A), a consumer reporting agency shall
provide to a consumer in writing before the expiration of the
5-day period referred to in subparagraph (A)--
``(i) a statement that the reinvestigation is completed;
``(ii) a consumer report that is based upon the consumer's
file as that file is revised as a result of the
reinvestigation;
``(iii) a notice that, if requested by the consumer, a
description of the procedure used to determine the accuracy
and completeness of the information shall be provided to the
consumer by the agency, including the business name and
address of any furnisher of information contacted in
connection with such information and the telephone number of
such furnisher, if reasonably available;
``(iv) a notice that the consumer has the right to add a
statement to the consumer's file disputing the accuracy or
completeness of the information; and
``(v) a notice that the consumer has the right to request
under subsection (d) that the consumer reporting agency
furnish notifications under that subsection.
``(7) Description of reinvestigation procedure.--A consumer
reporting agency shall provide to a consumer a description
referred to in paragraph (6)(B)(iv) by not later than 15 days
after receiving a request from the consumer for that
description.
``(8) Expedited dispute resolution.--If a dispute regarding
an item of information in a consumer's file at a consumer
reporting agency is resolved in accordance with paragraph
(5)(A) by the deletion of the disputed information by not
later than 3 business days after the date on which the agency
receives notice of the dispute from the consumer in
accordance with paragraph (1)(A), then the agency shall not
be required to comply with paragraphs (2), (6), and (7) with
respect to that dispute if the agency--
``(A) provides prompt notice of the deletion to the
consumer by telephone;
``(B) includes in that notice, or in a written notice that
accompanies a confirmation and consumer report provided in
accordance with subparagraph (C), a statement of the
consumer's right to request under subsection (d) that the
agency furnish notifications under that subsection; and
``(C) provides written confirmation of the deletion and a
copy of a consumer report on the consumer that is based on
the consumer's file after the deletion, not later than 5
business days after making the deletion.''.
(b) Conforming Amendment.--Section 611(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681i(d)) is amended by
striking ``The consumer reporting agency shall clearly'' and
all that follows through the end of the subsection.
SEC. 2410. CHARGES FOR CERTAIN DISCLOSURES.
Section 612 of the Fair Credit Reporting Act (15 U.S.C.
1681j) is amended to read as follows:
``SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.
``(a) Reasonable Charges Allowed for Certain Disclosures.--
``(1) In general.--Except as provided in subsections (b),
(c), and (d), a consumer reporting agency may impose a
reasonable charge on a consumer--
``(A) for making a disclosure to the consumer pursuant to
section 609, which charge--
``(i) shall not exceed $8; and
``(ii) shall be indicated to the consumer before making the
disclosure; and
``(B) for furnishing, pursuant to section 611(d), following
a reinvestigation under section 611(a), a statement,
codification, or summary to a person designated by the
consumer under that section after the 30-day period beginning
on the date of notification of the consumer under paragraph
(6) or (8) of section 611(a) with respect to the
reinvestigation, which charge--
``(i) shall not exceed the charge that the agency would
impose on each designated recipient for a consumer report;
and
``(ii) shall be indicated to the consumer before furnishing
such information.
``(2) Modification of amount.--The Federal Trade Commission
shall increase the amount referred to in paragraph (1)(A)(i)
on January 1 of each year, based proportionally on changes in
the Consumer Price Index, with fractional changes rounded to
the nearest fifty cents.
``(b) Free Disclosure After Adverse Notice to Consumer.--
Each consumer reporting agency that maintains a file on a
consumer shall make all disclosures pursuant to section 609
without charge to the consumer if, not later than 60 days
after receipt by such consumer of a notification pursuant to
section 615, or of a notification from a debt collection
agency affiliated with that consumer reporting agency stating
that the consumer's credit rating may be or has been
adversely affected, the consumer makes a request under
section 609.
``(c) Free Disclosure Under Certain Other Circumstances.--
Upon the request of the consumer, a consumer reporting agency
shall make all disclosures pursuant to section 609 once
during any 12-month period without charge to that consumer if
the consumer certifies in writing that the consumer--
``(1) is unemployed and intends to apply for employment in
the 60-day period beginning on the date on which the
certification is made;
``(2) is a recipient of public welfare assistance; or
``(3) has reason to believe that the file on the consumer
at the agency contains inaccurate information due to fraud.
``(d) Other Charges Prohibited.--A consumer reporting
agency shall not impose any charge on a consumer for
providing any notification required by this title or making
any disclosure required by this title, except as authorized
by subsection (a).''.
SEC. 2411. DUTIES OF USERS OF CONSUMER REPORTS.
(a) Duties of Users Taking Adverse Actions.--Section 615(a)
of the Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is
amended to read as follows:
``(a) Duties of Users Taking Adverse Actions on the Basis
of Information Con
[[Page 2595]]
tained in Consumer Reports.--If any person takes any adverse
action with respect to any consumer that is based in whole or
in part on any information contained in a consumer report,
the person shall--
``(1) provide oral, written, or electronic notice of the
adverse action to the consumer;
``(2) provide to the consumer orally, in writing, or
electronically--
``(A) the name, address, and telephone number of the
consumer reporting agency (including a toll-free telephone
number established by the agency if the agency compiles and
maintains files on consumers on a nationwide basis) that
furnished the report to the person; and
``(B) a statement that the consumer reporting agency did
not make the decision to take the adverse action and is
unable to provide the consumer the specific reasons why the
adverse action was taken; and
``(3) provide to the consumer an oral, written, or
electronic notice of the consumer's right--
``(A) to obtain, under section 612, a free copy of a
consumer report on the consumer from the consumer reporting
agency referred to in paragraph (2), which notice shall
include an indication of the 60-day period under that section
for obtaining such a copy; and
``(B) to dispute, under section 611, with a consumer
reporting agency the accuracy or completeness of any
information in a consumer report furnished by the agency.''.
(b) Duties of Users Making Certain Credit Solicitations.--
Section 615 of the Fair Credit Reporting Act (15 U.S.C.
1681m) is amended by adding at the end the following new
subsection:
``(d) Duties of Users Making Written Credit or Insurance
Solicitations on the Basis of Information Contained in
Consumer Files.--
``(1) In general.--Any person who uses a consumer report on
any consumer in connection with any credit or insurance
transaction that is not initiated by the consumer, that is
provided to that person under section 604(c)(1)(B), shall
provide with each written solicitation made to the consumer
regarding the transaction a clear and conspicuous statement
that--
``(A) information contained in the consumer's consumer
report was used in connection with the transaction;
``(B) the consumer received the offer of credit or
insurance because the consumer satisfied the criteria for
credit worthiness or insurability under which the consumer
was selected for the offer;
``(C) if applicable, the credit or insurance may not be
extended if, after the consumer responds to the offer, the
consumer does not meet the criteria used to select the
consumer for the offer or any applicable criteria bearing on
credit worthiness or insurability or does not furnish any
required collateral;
``(D) the consumer has a right to prohibit information
contained in the consumer's file with any consumer reporting
agency from being used in connection with any credit or
insurance transaction that is not initiated by the consumer;
and
``(E) the consumer may exercise the right referred to in
subparagraph (D) by notifying a notification system
established under section 604(e).
``(2) Disclosure of address and telephone number.--A
statement under paragraph (1) shall include the address and
toll-free telephone number of the appropriate notification
system established under section 604(e).
``(3) Maintaining criteria on file.--A person who makes an
offer of credit or insurance to a consumer under a credit or
insurance transaction described in paragraph (1) shall
maintain on file the criteria used to select the consumer to
receive the offer, all criteria bearing on credit worthiness
or insurability, as applicable, that are the basis for
determining whether or not to extend credit or insurance
pursuant to the offer, and any requirement for the furnishing
of collateral as a condition of the extension of credit or
insurance, until the expiration of the 3-year period
beginning on the date on which the offer is made to the
consumer.
``(4) Authority of federal agencies regarding unfair or
deceptive acts or practices not affected.--This section is
not intended to affect the authority of any Federal or State
agency to enforce a prohibition against unfair or deceptive
acts or practices, including the making of false or
misleading statements in connection with a credit or
insurance transaction that is not initiated by the
consumer.''.
(c) Duties of Users Making Other Solicitations.--Section
615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is
amended by adding at the end the following new subsection:
``(e)
(d) Conforming Amendment.--Section 615(c) of the Fair
Credit Reporting Act (15 U.S.C. 1681m(c)) is amended by
striking ``subsections (a) and (b)'' and inserting ``this
section''.
(e) Duties of Person Taking Certain Actions Based on
Information Provided by Affiliate.--Section 615(b) of the
Fair Credit Reporting Act (15 U.S.C. 1681m(b)) is amended--
(1) by striking ``(b) Whenever credit'' and inserting the
following:
``(b) Adverse Action Based on Information Obtained From
Third Parties Other Than Consumer Reporting Agencies.--
``(1) In general.--Whenever credit'';
(2) by adding at the end the following new paragraph:
``(2) Duties of person taking certain actions based on
information provided by affiliate.--
``(A) Duties, generally.--If a person takes an action
described in subparagraph (B) with respect to a consumer,
based in whole or in part on information described in
subparagraph (C), the person shall--
``(i) notify the consumer of the action, including a
statement that the consumer may obtain the information in
accordance with clause (ii); and
``(ii) upon a written request from the consumer received
within 60 days after transmittal of the notice required by
clause (i), disclose to the consumer the nature of the
information upon which the action is based by not later than
30 days after receipt of the request.
``(B) Action described.--An action referred to in
subparagraph (A) is an adverse action described in section
603(k)(1)(A), taken in connection with a transaction
initiated by the consumer, or any adverse action described in
clause (i) or (ii) of section 603(k)(1)(B).
``(C) Information described.--Information referred to in
subparagraph (A)--
``(i) except as provided in clause (ii), is information
that--
``(I) is furnished to the person taking the action by a
person related by common ownership or affiliated by common
corporate control to the person taking the action; and
``(II) bears on the credit worthiness, credit standing,
credit capacity, character, general reputation, personal
characteristics, or mode of living of the consumer; and
``(ii) does not include--
``(I) information solely as to transactions or experiences
between the consumer and the person furnishing the
information; or
``(II) information in a consumer report.''.
SEC. 2412. CIVIL LIABILITY.
(a) Civil Liability for Willful Noncompliance.--Section 616
of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended
by striking ``Any consumer reporting agency or user of
information which'' and inserting ``(a) In General.--Any
person who''.
(b) Minimum Civil Liability for Willful Noncompliance.--
Section 616(a)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681n(1)), as so designated by subsection (a) of this
section, is amended to read as follows:
``(1)(A) any actual damages sustained by the consumer as a
result of the failure or damages of not less than $100 and
not more than $1,000; or
``(B) in the case of liability of a natural person for
obtaining a consumer report under false pretenses or
knowingly without a permissible purpose, actual damages
sustained by the consumer as a result of the failure or
$1,000, whichever is greater;''.
(c) Civil Liability for Knowing Noncompliance.--Section 616
of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended
by adding at the end the following new subsection:
``(b) Civil Liability for Knowing Noncompliance.--Any
person who obtains a consumer report from a consumer
reporting agency under false pretenses or knowingly without a
permissible purpose shall be liable to the consumer reporting
agency for actual damages sustained by the consumer reporting
agency or $1,000, whichever is greater.''.
(d) Civil Liability for Negligent Noncompliance.--Section
617 of the Fair Credit Reporting Act (15 U.S.C. 1681o) is
amended by striking ``Any consumer reporting agency or user
of information which'' and inserting ``(a) In General.--Any
person who''.
(e) Attorney's Fees.--
(1) Willful noncompliance.--Section 616 of the Fair Credit
Reporting Act (15 U.S.C. 1681n) is amended by adding at the
end the following new subsection:
``(c) Attorney's Fees.--Upon a finding by the court that an
unsuccessful pleading, motion, or other paper filed in
connection with an action under this section was filed in bad
faith or for purposes of harassment, the court shall award to
the prevailing party attorney's fees reasonable in relation
to the work expended in responding to the pleading, motion,
or other paper.''.
(2) Negligent noncompliance.--Section 617 of the Fair
Credit Reporting Act (15 U.S.C. 1681o) is amended by adding
at the end the following new subsection:
``(b) Attorney's Fees.--On a finding by the court that an
unsuccessful pleading, motion, or other paper filed in
connection with an action under this section was filed in bad
faith or for purposes of harassment, the court shall award to
the prevailing party attorney's fees reasonable in relation
to the work expended in responding to the pleading, motion,
or other paper.''.
SEC. 2413. RESPONSIBILITIES OF PERSONS WHO FURNISH
INFORMATION TO CONSUMER REPORTING AGENCIES.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended--
(1) by redesignating section 623 as section 624; and
(2) by inserting after section 622 the following:
``SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO
CONSUMER REPORTING AGENCIES.
``(a) Duty of Furnishers of Information To Provide Accurate
Information.--
``(1) Prohibition.--
``(A) Reporting information with actual knowledge of
errors.--A person shall not furnish any information relating
to a consumer to any consumer reporting agency if the person
knows or consciously avoids knowing that the information is
inaccurate.
[[Page 2596]]
``(B) Reporting information after notice and confirmation
of errors.--A person shall not furnish information relating
to a consumer to any consumer reporting agency if--
``(i) the person has been notified by the consumer, at the
address specified by the person for such notices, that
specific information is inaccurate; and
``(ii) the information is, in fact, inaccurate.
``(C) No address requirement.--A person who clearly and
conspicuously specifies to the consumer an address for
notices referred to in subparagraph (B) shall not be subject
to subparagraph (A); however, nothing in subparagraph (B)
shall require a person to specify such an address.
``(2) Duty to correct and update information.--A person
who--
``(A) regularly and in the ordinary course of business
furnishes information to one or more consumer reporting
agencies about the person's transactions or experiences with
any consumer; and
``(B) has furnished to a consumer reporting agency
information that the person determines is not complete or
accurate,
shall promptly notify the consumer reporting agency of that
determination and provide to the agency any corrections to
that information, or any additional information, that is
necessary to make the information provided by the person to
the agency complete and accurate, and shall not thereafter
furnish to the agency any of the information that remains not
complete or accurate.
``(3) Duty to provide notice of dispute.--If the
completeness or accuracy of any information furnished by any
person to any consumer reporting agency is disputed to such
person by a consumer, the person may not furnish the
information to any consumer reporting agency without notice
that such information is disputed by the consumer.
``(4) Duty to provide notice of closed accounts.--A person
who regularly and in the ordinary course of business
furnishes information to a consumer reporting agency
regarding a consumer who has a credit account with that
person shall notify the agency of the voluntary closure of
the account by the consumer, in information regularly
furnished for the period in which the account is closed.
``(5) Duty to provide notice of delinquency of accounts.--A
person who furnishes information to a consumer reporting
agency regarding a delinquent account being placed for
collection, charged to profit or loss, or subjected to any
similar action shall, not later than 90 days after furnishing
the information, notify the agency of the month and year of
the commencement of the delinquency that immediately preceded
the action.
``(b) Duties of Furnishers of Information Upon Notice of
Dispute.--
``(1) In general.--After receiving notice pursuant to
section 611(a)(2) of a dispute with regard to the
completeness or accuracy of any information provided by a
person to a consumer reporting agency, the person shall--
``(A) conduct an investigation with respect to the disputed
information;
``(B) review all relevant information provided by the
consumer reporting agency pursuant to section 611(a)(2);
``(C) report the results of the investigation to the
consumer reporting agency; and
``(D) if the investigation finds that the information is
incomplete or inaccurate, report those results to all other
consumer reporting agencies to which the person furnished the
information and that compile and maintain files on consumers
on a nationwide basis.
``(2) Deadline.--A person shall complete all
investigations, reviews, and reports required under paragraph
(1) regarding information provided by the person to a
consumer reporting agency, before the expiration of the
period under section 611(a)(1) within which the consumer
reporting agency is required to complete actions required by
that section regarding that information.
``(c) Limitation on Liability.--Sections 616 and 617 do not
apply to any failure to comply with subsection (a), except as
provided in section 621(c)(1)(B).
``(d) Limitation on Enforcement.--Subsection (a) shall be
enforced exclusively under section 621 by the Federal
agencies and officials and the State officials identified in
that section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a
et seq.) is amended by striking the item relating to section
623 and inserting the following:
``623. Responsibilities of furnishers of information to consumer
reporting agencies.
``624. Relation to State laws.''.
SEC. 2414. INVESTIGATIVE CONSUMER REPORTS.
Section 606 of the Fair Credit Reporting Act (15 U.S.C.
1681d) is amended--
(1) in subsection (a)(1), by striking ``or'' at the end and
inserting ``and'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) the person certifies or has certified to the consumer
reporting agency that--
``(A) the person has made the disclosures to the consumer
required by paragraph (1); and
``(B) the person will comply with subsection (b).'';
(3) in subsection (b), by striking ``shall'' the second
place such term appears; and
(4) by adding at the end the following new subsection:
``(d) Prohibitions.--
``(1) Certification.--A consumer reporting agency shall not
prepare or furnish an investigative consumer report unless
the agency has received a certification under subsection
(a)(2) from the person who requested the report.
``(2) Inquiries.--A consumer reporting agency shall not
make an inquiry for the purpose of preparing an investigative
consumer report on a consumer for employment purposes if the
making of the inquiry by an employer or prospective employer
of the consumer would violate any applicable Federal or State
equal employment opportunity law or regulation.
``(3) Certain public record information.--Except as
otherwise provided in section 613, a consumer reporting
agency shall not furnish an investigative consumer report
that includes information that is a matter of public record
and that relates to an arrest, indictment, conviction, civil
judicial action, tax lien, or outstanding judgment, unless
the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the
report is furnished.
``(4) Certain adverse information.--A consumer reporting
agency shall not prepare or furnish an investigative consumer
report on a consumer that contains information that is
adverse to the interest of the consumer and that is obtained
through a personal interview with a neighbor, friend, or
associate of the consumer or with another person with whom
the consumer is acquainted or who has knowledge of such item
of information, unless--
``(A) the agency has followed reasonable procedures to
obtain confirmation of the information, from an additional
source that has independent and direct knowledge of the
information; or
``(B) the person interviewed is the best possible source of
the information.''.
SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAINING
INFORMATION UNDER FALSE PRETENSES.
(a) Obtaining Information Under False Pretenses.--Section
619 of the Fair Credit Reporting Act (15 U.S.C. 1681q) is
amended by striking ``fined not more than $5,000 or
imprisoned not more than one year, or both'' and inserting
``fined under title 18, United States Code, imprisoned for
not more than 2 years, or both''.
(b) Unauthorized Disclosures by Officers or Employees.--
Section 620 of the Fair Credit Reporting Act (15 U.S.C.
1681r) is amended by striking ``fined not more than $5,000 or
imprisoned not more than one year, or both'' and inserting
``fined under title 18, United States Code, imprisoned for
not more than 2 years, or both''.
SEC. 2416. ADMINISTRATIVE ENFORCEMENT.
(a) Available Enforcement Powers.--Section 621(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by adding at the end the following new paragraph:
``(2)(A) In the event of a knowing violation, which
constitutes a pattern or practice of violations of this
title, the Commission may commence a civil action to recover
a civil penalty in a district court of the United States
against any person that violates this title. In such action,
such person shall be liable for a civil penalty of not more
than $2,500 per violation.
``(B) In determining the amount of a civil penalty under
subparagraph (A), the court shall take into account the
degree of culpability, any history of prior such conduct,
ability to pay, effect on ability to continue to do business,
and such other matters as justice may require.
``(3) Notwithstanding paragraph (2), a court may not impose
any civil penalty on a person for a violation of section
623(a)(1) unless the person has been enjoined from committing
the violation, or ordered not to commit the violation, in an
action or proceeding brought by or on behalf of the Federal
Trade Commission, and has violated the injunction or order,
and the court may not impose any civil penalty for any
violation occurring before the date of the violation of the
injunction or order.
``(4) Neither the Commission nor any other agency referred
to in subsection (b) may prescribe trade regulation rules or
other regulations with respect to this title.''.
(b) Agencies Responsible for Enforcement.--Section 621 of
the Fair Credit Reporting Act (15 U.S.C. 1681s) is amended--
(1) in subsection (a), by inserting ``Enforcement by
Federal Trade Commission.--'' before ``Compliance with the
requirements'';
(2) in subsection (b), by striking the matter preceding
paragraph (1) and inserting the following:
``(b) Enforcement by Other Agencies.--Compliance with the
requirements imposed under this title with respect to
consumer reporting agencies, persons who use consumer reports
from such agencies, persons who furnish information to such
agencies, and users of information that are subject to
subsection (d) or (e) of section 615 shall be enforced
under--''; and
(3) in subsection (c), by adding at the end the following:
``Notwithstanding the preceding, no agency referred to in
subsection (b) may conduct an examination of a bank, savings
association, or credit union regarding compliance with the
provisions of this title, except in response to a complaint
(or if the agency otherwise has knowledge) that the bank,
savings association, or credit union has violated a provision
of this title, in which case, the agency may conduct an
examination as necessary to investigate the
[[Page 2597]]
complaint. If an agency determines during an investigation in
response to a complaint that a violation of this title has
occurred, the agency may, during its next 2 regularly
scheduled examinations of the bank, savings association, or
credit union, examine for compliance with this title.''.
SEC. 2417. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT.
Section 621 of the Fair Credit Reporting Act (15 U.S.C.
1681s) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such other
remedies as are provided under State law, if the chief law
enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating this title, the State--
``(A) may bring an action to enjoin such violation in any
appropriate United States district court or in any other
court of competent jurisdiction;
``(B) subject to paragraph (5), may bring an action on
behalf of the residents of the State to recover--
``(i) damages for which the person is liable to such
residents under sections 616 and 617 as a result of the
violation;
``(ii) in the case of a violation of section 623(a),
damages for which the person would, but for section 623(c),
be liable to such residents as a result of the violation; or
``(iii) damages of not more than $1,000 for each willful or
negligent violation; and
``(C) in the case of any successful action under
subparagraph (A) or (B), shall be awarded the costs of the
action and reasonable attorney fees as determined by the
court.
``(2) Rights of federal regulators.--The State shall serve
prior written notice of any action under paragraph (1) upon
the Federal Trade Commission or the appropriate Federal
regulator determined under subsection (b) and provide the
Commission or appropriate Federal regulator with a copy of
its complaint, except in any case in which such prior notice
is not feasible, in which case the State shall serve such
notice immediately upon instituting such action. The Federal
Trade Commission or appropriate Federal regulator shall have
the right--
``(A) to intervene in the action;
``(B) upon so intervening, to be heard on all matters
arising therein;
``(C) to remove the action to the appropriate United States
district court; and
``(D) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection
shall prevent the chief law enforcement officer, or an
official or agency designated by a State, from exercising the
powers conferred on the chief law enforcement officer or such
official by the laws of such State to conduct investigations
or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and
other evidence.
``(4) Limitation on state action while federal action
pending.--If the Federal Trade Commission or the appropriate
Federal regulator has instituted a civil action or an
administrative action under section 8 of the Federal Deposit
Insurance Act for a violation of this title, no State may,
during the pendency of such action, bring an action under
this section against any defendant named in the complaint of
the Commission or the appropriate Federal regulator for any
violation of this title that is alleged in that complaint.
``(5) Limitations on state actions for violation of section
623(a)(1).--
``(A) Violation of injunction required.--A State may not
bring an action against a person under paragraph (1)(B) for a
violation of section 623(a)(1), unless--
``(i) the person has been enjoined from committing the
violation, in an action brought by the State under paragraph
(1)(A); and
``(ii) the person has violated the injunction.
``(B) Limitation on damages recoverable.--In an action
against a person under paragraph (1)(B) for a violation of
section 623(a)(1), a State may not recover any damages
incurred before the date of the violation of an injunction on
which the action is based.''.
SEC. 2418. FEDERAL RESERVE BOARD AUTHORITY.
Section 621 of the Fair Credit Reporting Act (15 U.S.C.
1681s) is amended by adding at the end the following new
subsection:
``(e) Interpretive Authority.--The Board of Governors of
the Federal Reserve System may issue interpretations of any
provision of this title as such provision may apply to any
persons identified under paragraph (1), (2), and (3) of
subsection (b), or to the holding companies and affiliates of
such persons, in consultation with Federal agencies
identified in paragraphs (1), (2), and (3) of subsection
(b).''.
SEC. 2419. PREEMPTION OF STATE LAW.
Section 624 of the Fair Credit Reporting Act (as
redesignated by section 2413(a) of this chapter) is amended--
(1) by striking ``This title'' and inserting ``(a) In
General.--Except as provided in subsections (b) and (c), this
title''; and
(2) by adding at the end the following new subsection:
``(b) General Exceptions.--No requirement or prohibition
may be imposed under the laws of any State--
``(1) with respect to any subject matter regulated under--
``(A) subsection (c) or (e) of section 604, relating to the
prescreening of consumer reports;
``(B) section 611, relating to the time by which a consumer
reporting agency must take any action, including the
provision of notification to a consumer or other person, in
any procedure related to the disputed accuracy of information
in a consumer's file, except that this subparagraph shall not
apply to any State law in effect on the date of enactment of
the Consumer Credit Reporting Reform Act of 1996;
``(C) subsections (a) and (b) of section 615, relating to
the duties of a person who takes any adverse action with
respect to a consumer;
``(D) section 615(d), relating to the duties of persons who
use a consumer report of a consumer in connection with any
credit or insurance transaction that is not initiated by the
consumer and that consists of a firm offer of credit or
insurance;
``(E) section 605, relating to information contained in
consumer reports, except that this subparagraph shall not
apply to any State law in effect on the date of enactment of
the Consumer Credit Reporting Reform Act of 1996; or
``(F) section 623, relating to the responsibilities of
persons who furnish information to consumer reporting
agencies, except that this paragraph shall not apply--
``(i) with respect to section 54A(a) of chapter 93 of the
Massachusetts Annotated Laws (as in effect on the date of
enactment of the Consumer Credit Reporting Reform Act of
1996); or
``(ii) with respect to section 1785.25(a) of the California
Civil Code (as in effect on the date of enactment of the
Consumer Credit Reporting Reform Act of 1996);
``(2) with respect to the exchange of information among
persons affiliated by common ownership or common corporate
control, except that this paragraph shall not apply with
respect to subsection (a) or (c)(1) of section 2480e of title
9, Vermont Statutes Annotated (as in effect on the date of
enactment of the Consumer Credit Reporting Reform Act of
1996); or
``(3) with respect to the form and content of any
disclosure required to be made under section 609(c).
``(c) Definition of Firm Offer of Credit or Insurance.--
Notwithstanding any definition of the term `firm offer of
credit or insurance' (or any equivalent term) under the laws
of any State, the definition of that term contained in
section 603(l) shall be construed to apply in the enforcement
and interpretation of the laws of any State governing
consumer reports.
``(d) Limitations.--Subsections (b) and (c)--
``(1) do not affect any settlement, agreement, or consent
judgment between any State Attorney General and any consumer
reporting agency in effect on the date of enactment of the
Consumer Credit Reporting Reform Act of 1996; and
``(2) do not apply to any provision of State law (including
any provision of a State constitution) that--
``(A) is enacted after January 1, 2004;
``(B) states explicitly that the provision is intended to
supplement this title; and
``(C) gives greater protection to consumers than is
provided under this title.''.
SEC. 2420. EFFECTIVE DATE.
(a) In General.--Except as otherwise specifically provided
in this chapter, the amendments made by this chapter shall
become effective 365 days after the date of enactment of this
Act.
(b) Early Compliance.--Any person or other entity that is
subject to the requirements of this chapter may, at its
option, comply with any provision of this chapter before the
date on which that provision becomes effective under this
chapter, in which case, each of the corresponding provisions
of this chapter shall be fully applicable to such person or
entity.
SEC. 2421. RELATIONSHIP TO OTHER LAW.
Nothing in this chapter or the amendments made by this
chapter shall be considered to supersede or otherwise affect
section 2721 of title 18, United States Code, with respect to
motor vehicle records for surveys, marketing, or
solicitations.
SEC. 2422. FEDERAL RESERVE BOARD STUDY.
(a) Study Required.--The Board of Governors of the Federal
Reserve System, in consultation with the other Federal
banking agencies (as defined in section 3 of the Federal
Deposit Insurance Act) and the Federal Trade Commission,
shall conduct a study of whether organizations which, as of
the date of the enactment of this Act, are not subject to the
Fair Credit Reporting Act as consumer reporting agencies (as
defined in section 603 of such Act) are engaged in the
business of making sensitive consumer identification
information, including social security numbers, mothers'
maiden names, prior addresses, and dates of birth, available
to the general public.
(b) Determination of Potential for Fraud.--If the Board of
Governors of the Federal Reserve System determines that
organizations referred to in subsection (a) are engaged in
the business of making sensitive consumer identification
information available to the general public, the Board shall
determine--
(1) whether such activities create undue potential for
fraud and risk of loss to insured
[[Page 2598]]
depository institutions (as defined in section 3 of the
Federal Deposit Insurance Act); and
(2) if so, whether changes in Federal law are necessary to
address such risks of fraud and loss.
(c) Report to Congress.--Before the end of the 6-month
period beginning on the date of the enactment of this Act,
the Board of Governors of the Federal Reserve System shall
submit a report to the Congress containing--
(1) the findings and conclusion of the Board in connection
with the study required under subsections (a) and (b); and
(2) recommendations for such legislative or administrative
action as the Board determines to be appropriate.
CHAPTER 2--CREDIT REPAIR ORGANIZATIONS
SEC. 2451. REGULATION OF CREDIT REPAIR ORGANIZATIONS.
Title IV of the Consumer Credit Protection Act (Public Law
90-321, 82 Stat. 164) is amended to read as follows:
``TITLE IV--CREDIT REPAIR ORGANIZATIONS
``Sec.
``401. Short title.
``402. Findings and purposes.
``403. Definitions.
``404. Prohibited practices.
``405. Disclosures.
``406. Credit repair organizations contracts.
``407. Right to cancel contract.
``408. Noncompliance with this title.
``409. Civil liability.
``410. Administrative enforcement.
``411. Statute of limitations.
``412. Relation to State law.
``413. Effective date.
``SEC. 401. SHORT TITLE.
``This title may be cited as the `Credit Repair
Organizations Act'.
``SEC. 402. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress makes the following findings:
``(1) Consumers have a vital interest in establishing and
maintaining their credit worthiness and credit standing in
order to obtain and use credit. As a result, consumers who
have experienced credit problems may seek assistance from
credit repair organizations which offer to improve the credit
standing of such consumers.
``(2) Certain advertising and business practices of some
companies engaged in the business of credit repair services
have worked a financial hardship upon consumers, particularly
those of limited economic means and who are inexperienced in
credit matters.
``(b) Purposes.--The purposes of this title are--
``(1) to ensure that prospective buyers of the services of
credit repair organizations are provided with the information
necessary to make an informed decision regarding the purchase
of such services; and
``(2) to protect the public from unfair or deceptive
advertising and business practices by credit repair
organizations.
``SEC. 403. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Consumer.--The term `consumer' means an individual.
``(2) Consumer credit transaction.--The term `consumer
credit transaction' means any transaction in which credit is
offered or extended to an individual for personal, family, or
household purposes.
``(3) Credit repair organization.--The term `credit repair
organization'--
``(A) means any person who uses any instrumentality of
interstate commerce or the mails to sell, provide, or perform
(or represent that such person can or will sell, provide, or
perform) any service, in return for the payment of money or
other valuable consideration, for the express or implied
purpose of--
``(i) improving any consumer's credit record, credit
history, or credit rating; or
``(ii) providing advice or assistance to any consumer with
regard to any activity or service described in clause (i);
and
``(B) does not include--
``(i) any nonprofit organization which is exempt from
taxation under section 501(c)(3) of the Internal Revenue Code
of 1986;
``(ii) any creditor (as defined in section 103 of the Truth
in Lending Act), with respect to any consumer, to the extent
the creditor is assisting the consumer to restructure any
debt owed by the consumer to the creditor; or
``(iii) any depository institution (as that term is defined
in section 3 of the Federal Deposit Insurance Act) or any
Federal or State credit union (as those terms are defined in
section 101 of the Federal Credit Union Act), or any
affiliate or subsidiary of such a depository institution or
credit union.
``(4) Credit.--The term `credit' has the meaning given to
such term in section 103(e) of this Act.
``SEC. 404. PROHIBITED PRACTICES.
``(a) In General.--No person may--
``(1) make any statement, or counsel or advise any consumer
to make any statement, which is untrue or misleading (or
which, upon the exercise of reasonable care, should be known
by the credit repair organization, officer, employee, agent,
or other person to be untrue or misleading) with respect to
any consumer's credit worthiness, credit standing, or credit
capacity to--
``(A) any consumer reporting agency (as defined in section
603(f) of this Act); or
``(B) any person--
``(i) who has extended credit to the consumer; or
``(ii) to whom the consumer has applied or is applying for
an extension of credit;
``(2) make any statement, or counsel or advise any consumer
to make any statement, the intended effect of which is to
alter the consumer's identification to prevent the display of
the consumer's credit record, history, or rating for the
purpose of concealing adverse information that is accurate
and not obsolete to--
``(A) any consumer reporting agency;
``(B) any person--
``(i) who has extended credit to the consumer; or
``(ii) to whom the consumer has applied or is applying for
an extension of credit;
``(3) make or use any untrue or misleading representation
of the services of the credit repair organization; or
``(4) engage, directly or indirectly, in any act, practice,
or course of business that constitutes or results in the
commission of, or an attempt to commit, a fraud or deception
on any person in connection with the offer or sale of the
services of the credit repair organization.
``(b) Payment in Advance.--No credit repair organization
may charge or receive any money or other valuable
consideration for the performance of any service which the
credit repair organization has agreed to perform for any
consumer before such service is fully performed.
``SEC. 405. DISCLOSURES.
``(a) Disclosure Required.--Any credit repair organization
shall provide any consumer with the following written
statement before any contract or agreement between the
consumer and the credit repair organization is executed:
`` `Consumer Credit File Rights Under State and Federal Law
`` `You have a right to dispute inaccurate information in
your credit report by contacting the credit bureau directly.
However, neither you nor any ``credit repair'' company or
credit repair organization has the right to have accurate,
current, and verifiable information removed from your credit
report. The credit bureau must remove accurate, negative
information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
`` `You have a right to obtain a copy of your credit report
from a credit bureau. You may be charged a reasonable fee.
There is no fee, however, if you have been turned down for
credit, employment, insurance, or a rental dwelling because
of information in your credit report within the preceding 60
days. The credit bureau must provide someone to help you
interpret the information in your credit file. You are
entitled to receive a free copy of your credit report if you
are unemployed and intend to apply for employment in the next
60 days, if you are a recipient of public welfare assistance,
or if you have reason to believe that there is inaccurate
information in your credit report due to fraud.
`` `You have a right to sue a credit repair organization
that violates the Credit Repair Organization Act. This law
prohibits deceptive practices by credit repair organizations.
`` `You have the right to cancel your contract with any
credit repair organization for any reason within 3 business
days from the date you signed it.
`` `Credit bureaus are required to follow reasonable
procedures to ensure that the information they report is
accurate. However, mistakes may occur.
`` `You may, on your own, notify a credit bureau in writing
that you dispute the accuracy of information in your credit
file. The credit bureau must then reinvestigate and modify or
remove inaccurate or incomplete information. The credit
bureau may not charge any fee for this service. Any pertinent
information and copies of all documents you have concerning
an error should be given to the credit bureau.
`` `If the credit bureau's reinvestigation does not resolve
the dispute to your satisfaction, you may send a brief
statement to the credit bureau, to be kept in your file,
explaining why you think the record is inaccurate. The credit
bureau must include a summary of your statement about
disputed information with any report it issues about you.
`` `The Federal Trade Commission regulates credit bureaus
and credit repair organizations. For more information
contact:
`` `The Public Reference Branch
`` `Federal Trade Commission
`` `Washington, D.C. 20580'.
``(b) Separate Statement Requirement.--The written
statement required under this section shall be provided as a
document which is separate from any written contract or other
agreement between the credit repair organization and the
consumer or any other written material provided to the
consumer.
``(c) Retention of Compliance Records.--
``(1) In general.--The credit repair organization shall
maintain a copy of the statement signed by the consumer
acknowledging receipt of the statement.
``(2) Maintenance for 2 years.--The copy of any consumer's
statement shall be maintained in the organization's files for
2 years after the date on which the statement is signed by
the consumer.
``SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS.
``(a) Written Contracts Required.--No services may be
provided by any credit repair organization for any consumer--
``(1) unless a written and dated contract (for the purchase
of such services) which meets the requirements of subsection
(b) has been signed by the consumer; or
[[Page 2599]]
``(2) before the end of the 3-business-day period beginning
on the date the contract is signed.
``(b) Terms and Conditions of Contract.--No contract
referred to in subsection (a) meets the requirements of this
subsection unless such contract includes (in writing)--
``(1) the terms and conditions of payment, including the
total amount of all payments to be made by the consumer to
the credit repair organization or to any other person;
``(2) a full and detailed description of the services to be
performed by the credit repair organization for the consumer,
including--
``(A) all guarantees of performance; and
``(B) an estimate of--
``(i) the date by which the performance of the services (to
be performed by the credit repair organization or any other
person) will be complete; or
``(ii) the length of the period necessary to perform such
services;
``(3) the credit repair organization's name and principal
business address; and
``(4) a conspicuous statement in bold face type, in
immediate proximity to the space reserved for the consumer's
signature on the contract, which reads as follows: `You may
cancel this contract without penalty or obligation at any
time before midnight of the 3rd business day after the date
on which you signed the contract. See the attached notice of
cancellation form for an explanation of this right.'.
``SEC. 407. RIGHT TO CANCEL CONTRACT.
``(a) In General.--Any consumer may cancel any contract
with any credit repair organization without penalty or
obligation by notifying the credit repair organization of the
consumer's intention to do so at any time before midnight of
the 3rd business day which begins after the date on which the
contract or agreement between the consumer and the credit
repair organization is executed or would, but for this
subsection, become enforceable against the parties.
``(b) Cancellation Form and Other Information.--Each
contract shall be accompanied by a form, in duplicate, which
has the heading `Notice of Cancellation' and contains in bold
face type the following statement:
`` `You may cancel this contract, without any penalty or
obligation, at any time before midnight of the 3rd day which
begins after the date the contract is signed by you.
`` `To cancel this contract, mail or deliver a signed,
dated copy of this cancellation notice, or any other written
notice to [ name of credit repair organization ] at [ address
of credit repair organization ] before midnight on [ date ]
`` `I hereby cancel this transaction,
[ date ]
[ purchaser's signature ].'.
``(c) Consumer Copy of Contract Required.--Any consumer who
enters into any contract with any credit repair organization
shall be given, by the organization--
``(1) a copy of the completed contract and the disclosure
statement required under section 405; and
``(2) a copy of any other document the credit repair
organization requires the consumer to sign,
at the time the contract or the other document is signed.
``SEC. 408. NONCOMPLIANCE WITH THIS TITLE.
``(a) Consumer Waivers Invalid.--Any waiver by any consumer
of any protection provided by or any right of the consumer
under this title--
``(1) shall be treated as void; and
``(2) may not be enforced by any Federal or State court or
any other person.
``(b) Attempt To Obtain Waiver.--Any attempt by any person
to obtain a waiver from any consumer of any protection
provided by or any right of the consumer under this title
shall be treated as a violation of this title.
``(c) Contracts Not in Compliance.--Any contract for
services which does not comply with the applicable provisions
of this title--
``(1) shall be treated as void; and
``(2) may not be enforced by any Federal or State court or
any other person.
``SEC. 409. CIVIL LIABILITY.
``(a) Liability Established.--Any person who fails to
comply with any provision of this title with respect to any
other person shall be liable to such person in an amount
equal to the sum of the amounts determined under each of the
following paragraphs:
``(1) Actual damages.--The greater of--
``(A) the amount of any actual damage sustained by such
person as a result of such failure; or
``(B) any amount paid by the person to the credit repair
organization.
``(2) Punitive damages.--
``(A) Individual actions.--In the case of any action by an
individual, such additional amount as the court may allow.
``(B) Class actions.--In the case of a class action, the
sum of--
``(i) the aggregate of the amount which the court may allow
for each named plaintiff; and
``(ii) the aggregate of the amount which the court may
allow for each other class member, without regard to any
minimum individual recovery.
``(3) Attorneys' fees.--In the case of any successful
action to enforce any liability under paragraph (1) or (2),
the costs of the action, together with reasonable attorneys'
fees.
``(b) Factors To Be Considered in Awarding Punitive
Damages.--In determining the amount of any liability of any
credit repair organization under subsection (a)(2), the court
shall consider, among other relevant factors--
``(1) the frequency and persistence of noncompliance by the
credit repair organization;
``(2) the nature of the noncompliance;
``(3) the extent to which such noncompliance was
intentional; and
``(4) in the case of any class action, the number of
consumers adversely affected.
``SEC. 410. ADMINISTRATIVE ENFORCEMENT.
``(a) In General.--Compliance with the requirements imposed
under this title with respect to credit repair organizations
shall be enforced under the Federal Trade Commission Act by
the Federal Trade Commission.
``(b) Violations of This Title Treated as Violations of
Federal Trade Commission Act.--
``(1) In general.--For the purpose of the exercise by the
Federal Trade Commission of the Commission's functions and
powers under the Federal Trade Commission Act, any violation
of any requirement or prohibition imposed under this title
with respect to credit repair organizations shall constitute
an unfair or deceptive act or practice in commerce in
violation of section 5(a) of the Federal Trade Commission
Act.
``(2) Enforcement authority under other law.--All functions
and powers of the Federal Trade Commission under the Federal
Trade Commission Act shall be available to the Commission to
enforce compliance with this title by any person subject to
enforcement by the Federal Trade Commission pursuant to this
subsection, including the power to enforce the provisions of
this title in the same manner as if the violation had been a
violation of any Federal Trade Commission trade regulation
rule, without regard to whether the credit repair
organization--
``(A) is engaged in commerce; or
``(B) meets any other jurisdictional tests in the Federal
Trade Commission Act.
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such other
remedies as are provided under State law, whenever the chief
law enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating this title, the State--
``(A) may bring an action to enjoin such violation;
``(B) may bring an action on behalf of its residents to
recover damages for which the person is liable to such
residents under section 409 as a result of the violation; and
``(C) in the case of any successful action under
subparagraph (A) or (B), shall be awarded the costs of the
action and reasonable attorney fees as determined by the
court.
``(2) Rights of commission.--
``(A) Notice to commission.--The State shall serve prior
written notice of any civil action under paragraph (1) upon
the Federal Trade Commission and provide the Commission with
a copy of its complaint, except in any case where such prior
notice is not feasible, in which case the State shall serve
such notice immediately upon instituting such action.
``(B) Intervention.--The Commission shall have the right--
``(i) to intervene in any action referred to in
subparagraph (A);
``(ii) upon so intervening, to be heard on all matters
arising in the action; and
``(iii) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection
shall prevent the chief law enforcement officer, or an
official or agency designated by a State, from exercising the
powers conferred on the chief law enforcement officer or such
official by the laws of such State to conduct investigations
or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and
other evidence.
``(4) Limitation.--Whenever the Federal Trade Commission
has instituted a civil action for violation of this title, no
State may, during the pendency of such action, bring an
action under this section against any defendant named in the
complaint of the Commission for any violation of this title
that is alleged in that complaint.
``SEC. 411. STATUTE OF LIMITATIONS.
``Any action to enforce any liability under this title may
be brought before the later of--
``(1) the end of the 5-year period beginning on the date of
the occurrence of the violation involved; or
``(2) in any case in which any credit repair organization
has materially and willfully misrepresented any information
which--
``(A) the credit repair organization is required, by any
provision of this title, to disclose to any consumer; and
``(B) is material to the establishment of the credit repair
organization's liability to the consumer under this title,
the end of the 5-year period beginning on the date of the
discovery by the consumer of the misrepresentation.
``SEC. 412. RELATION TO STATE LAW.
``This title shall not annul, alter, affect, or exempt any
person subject to the provisions of this title from complying
with any law of any State except to the extent that such law
is inconsistent with any provision of this title, and then
only to the extent of the inconsistency.
``SEC. 413. EFFECTIVE DATE.
``This title shall apply after the end of the 6-month
period beginning on the date of the enactment of the Credit
Repair Organizations Act, except with respect to contracts
[[Page 2600]]
entered into by a credit repair organization before the end
of such period.''.
SEC. 2452. CREDIT WORTHINESS.
It is the sense of the Senate that--
(1) individuals should generally be judged for credit
worthiness based on their own credit worthiness and not on
the zip code or neighborhood in which they live; and
(2) the Federal Trade Commission, after consultation with
the appropriate Federal banking agency, should report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate as to whether and how the location of the residence of
an applicant for unsecured credit is considered by many
companies and financial institutions in deciding whether an
applicant should be granted credit.
Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance
Protection
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Asset Conservation,
Lender Liability, and Deposit Insurance Protection Act of
1996''.
SEC. 2502. CERCLA LENDER AND FIDUCIARY LIABILITY LIMITATIONS
AMENDMENTS.
(a) In General.--Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607) is amended by adding at the end the
following:
``(n) Liability of Fiduciaries.--
``(1) In general.--The liability of a fiduciary under any
provision of this Act for the release or threatened release
of a hazardous substance at, from, or in connection with a
vessel or facility held in a fiduciary capacity shall not
exceed the assets held in the fiduciary capacity.
``(2) Exclusion.--Paragraph (1) does not apply to the
extent that a person is liable under this Act independently
of the person's ownership of a vessel or facility as a
fiduciary or actions taken in a fiduciary capacity.
``(3) Limitation.--Paragraphs (1) and (4) do not limit the
liability pertaining to a release or threatened release of a
hazardous substance if negligence of a fiduciary causes or
contributes to the release or threatened release.
``(4) Safe harbor.--A fiduciary shall not be liable in its
personal capacity under this Act for--
``(A) undertaking or directing another person to undertake
a response action under subsection (d)(1) or under the
direction of an on scene coordinator designated under the
National Contingency Plan;
``(B) undertaking or directing another person to undertake
any other lawful means of addressing a hazardous substance in
connection with the vessel or facility;
``(C) terminating the fiduciary relationship;
``(D) including in the terms of the fiduciary agreement a
covenant, warranty, or other term or condition that relates
to compliance with an environmental law, or monitoring,
modifying or enforcing the term or condition;
``(E) monitoring or undertaking 1 or more inspections of
the vessel or facility;
``(F) providing financial or other advice or counseling to
other parties to the fiduciary relationship, including the
settlor or beneficiary;
``(G) restructuring, renegotiating, or otherwise altering
the terms and conditions of the fiduciary relationship;
``(H) administering, as a fiduciary, a vessel or facility
that was contaminated before the fiduciary relationship
began; or
``(I) declining to take any of the actions described in
subparagraphs (B) through (H).
``(5) Definitions.--As used in this Act:
``(A) Fiduciary.--The term `fiduciary'--
``(i) means a person acting for the benefit of another
party as a bona fide--
``(I) trustee;
``(II) executor;
``(III) administrator;
``(IV) custodian;
``(V) guardian of estates or guardian ad litem;
``(VI) receiver;
``(VII) conservator;
``(VIII) committee of estates of incapacitated persons;
``(IX) personal representative;
``(X) trustee (including a successor to a trustee) under an
indenture agreement, trust agreement, lease, or similar
financing agreement, for debt securities, certificates of
interest or certificates of participation in debt securities,
or other forms of indebtedness as to which the trustee is
not, in the capacity of trustee, the lender; or
``(XI) representative in any other capacity that the
Administrator, after providing public notice, determines to
be similar to the capacities described in subclauses (I)
through (X); and
``(ii) does not include--
``(I) a person that is acting as a fiduciary with respect
to a trust or other fiduciary estate that was organized for
the primary purpose of, or is engaged in, actively carrying
on a trade or business for profit, unless the trust or other
fiduciary estate was created as part of, or to facilitate, 1
or more estate plans or because of the incapacity of a
natural person; or
``(II) a person that acquires ownership or control of a
vessel or facility with the objective purpose of avoiding
liability of the person or of any other person.
``(B) Fiduciary capacity.--The term `fiduciary capacity'
means the capacity of a person in holding title to a vessel
or facility, or otherwise having control of or an interest in
the vessel or facility, pursuant to the exercise of the
responsibilities of the person as a fiduciary.
``(6) Savings clause.--Nothing in this subsection--
``(A) affects the rights or immunities or other defenses
that are available under this Act or other law that is
applicable to a person subject to this subsection; or
``(B) creates any liability for a person or a private right
of action against a fiduciary or any other person.
``(7) No effect on certain persons.--Nothing in this
subsection applies to a person if the person--
``(A)(i) acts in a capacity other than that of a fiduciary
or in a beneficiary capacity; and
``(ii) in that capacity, directly or indirectly benefits
from a trust or fiduciary relationship; or
``(B)(i) is a beneficiary and a fiduciary with respect to
the same fiduciary estate; and
``(ii) as a fiduciary, receives benefits that exceed
customary or reasonable compensation, and incidental
benefits, permitted under other applicable law.
``(8) Limitation.--This subsection does not preclude a
claim under this Act against--
``(A) the assets of the estate or trust administered by the
fiduciary; or
``(B) a nonemployee agent or independent contractor
retained by a fiduciary.''.
(b) Definition of Owner or Operator.--Section 101(20) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(20)) is amended by
adding at the end the following:
``(E) Exclusion of lenders not participants in
management.--
``(i) Indicia of ownership to protect security.--The term
`owner or operator' does not include a person that is a
lender that, without participating in the management of a
vessel or facility, holds indicia of ownership primarily to
protect the security interest of the person in the vessel or
facility.
``(ii) Foreclosure.--The term `owner or operator' does not
include a person that is a lender that did not participate in
management of a vessel or facility prior to foreclosure,
notwithstanding that the person--
``(I) forecloses on the vessel or facility; and
``(II) after foreclosure, sells, re-leases (in the case of
a lease finance transaction), or liquidates the vessel or
facility, maintains business activities, winds up operations,
undertakes a response action under section 107(d)(1) or under
the direction of an on-scene coordinator appointed under the
National Contingency Plan, with respect to the vessel or
facility, or takes any other measure to preserve, protect, or
prepare the vessel or facility prior to sale or disposition,
if the person seeks to sell, re-lease (in the case of a lease
finance transaction), or otherwise divest the person of the
vessel or facility at the earliest practicable, commercially
reasonable time, on commercially reasonable terms, taking
into account market conditions and legal and regulatory
requirements.
``(F) Participation in management.--For purposes of
subparagraph (E)--
``(i) the term `participate in management'--
``(I) means actually participating in the management or
operational affairs of a vessel or facility; and
``(II) does not include merely having the capacity to
influence, or the unexercised right to control, vessel or
facility operations;
``(ii) a person that is a lender and that holds indicia of
ownership primarily to protect a security interest in a
vessel or facility shall be considered to participate in
management only if, while the borrower is still in possession
of the vessel or facility encumbered by the security
interest, the person--
``(I) exercises decisionmaking control over the
environmental compliance related to the vessel or facility,
such that the person has undertaken responsibility for the
hazardous substance handling or disposal practices related to
the vessel or facility; or
``(II) exercises control at a level comparable to that of a
manager of the vessel or facility, such that the person has
assumed or manifested responsibility--
``(aa) for the overall management of the vessel or facility
encompassing day-to-day decisionmaking with respect to
environmental compliance; or
``(bb) over all or substantially all of the operational
functions (as distinguished from financial or administrative
functions) of the vessel or facility other than the function
of environmental compliance;
``(iii) the term `participate in management' does not
include performing an act or failing to act prior to the time
at which a security interest is created in a vessel or
facility; and
``(iv) the term `participate in management' does not
include--
``(I) holding a security interest or abandoning or
releasing a security interest;
``(II) including in the terms of an extension of credit, or
in a contract or security agreement relating to the
extension, a covenant, warranty, or other term or condition
that relates to environmental compliance;
``(III) monitoring or enforcing the terms and conditions of
the extension of credit or security interest;
``(IV) monitoring or undertaking 1 or more inspections of
the vessel or facility;
``(V) requiring a response action or other lawful means of
addressing the release or threatened release of a hazardous
substance in connection with the vessel or facility prior to,
during, or on the expiration of the term of the extension of
credit;
[[Page 2601]]
``(VI) providing financial or other advice or counseling in
an effort to mitigate, prevent, or cure default or diminution
in the value of the vessel or facility;
``(VII) restructuring, renegotiating, or otherwise agreeing
to alter the terms and conditions of the extension of credit
or security interest, exercising forbearance;
``(VIII) exercising other remedies that may be available
under applicable law for the breach of a term or condition of
the extension of credit or security agreement; or
``(IX) conducting a response action under section 107(d) or
under the direction of an on-scene coordinator appointed
under the National Contingency Plan,
if the actions do not rise to the level of participating in
management (within the meaning of clauses (i) and (ii)).
``(G) Other terms.--As used in this Act:
``(i) Extension of credit.--The term `extension of credit'
includes a lease finance transaction--
``(I) in which the lessor does not initially select the
leased vessel or facility and does not during the lease term
control the daily operations or maintenance of the vessel or
facility; or
``(II) that conforms with regulations issued by the
appropriate Federal banking agency or the appropriate State
bank supervisor (as those terms are defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813) or with
regulations issued by the National Credit Union
Administration Board, as appropriate.
``(ii) Financial or administrative function.--The term
`financial or administrative function' includes a function
such as that of a credit manager, accounts payable officer,
accounts receivable officer, personnel manager, comptroller,
or chief financial officer, or a similar function.
``(iii) Foreclosure; foreclose.--The terms `foreclosure'
and `foreclose' mean, respectively, acquiring, and to
acquire, a vessel or facility through--
``(I)(aa) purchase at sale under a judgment or decree,
power of sale, or nonjudicial foreclosure sale;
``(bb) a deed in lieu of foreclosure, or similar conveyance
from a trustee; or
``(cc) repossession,
if the vessel or facility was security for an extension of
credit previously contracted;
``(II) conveyance pursuant to an extension of credit
previously contracted, including the termination of a lease
agreement; or
``(III) any other formal or informal manner by which the
person acquires, for subsequent disposition, title to or
possession of a vessel or facility in order to protect the
security interest of the person.
``(iv) Lender.--The term `lender' means--
``(I) an insured depository institution (as defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813));
``(II) an insured credit union (as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752));
``(III) a bank or association chartered under the Farm
Credit Act of 1971 (12 U.S.C. 2001 et seq.);
``(IV) a leasing or trust company that is an affiliate of
an insured depository institution;
``(V) any person (including a successor or assignee of any
such person) that makes a bona fide extension of credit to or
takes or acquires a security interest from a nonaffiliated
person;
``(VI) the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, the Federal
Agricultural Mortgage Corporation, or any other entity that
in a bona fide manner buys or sells loans or interests in
loans;
``(VII) a person that insures or guarantees against a
default in the repayment of an extension of credit, or acts
as a surety with respect to an extension of credit, to a
nonaffiliated person; and
``(VIII) a person that provides title insurance and that
acquires a vessel or facility as a result of assignment or
conveyance in the course of underwriting claims and claims
settlement.
``(v) Operational function.--The term `operational
function' includes a function such as that of a facility or
plant manager, operations manager, chief operating officer,
or chief executive officer.
``(vi) Security interest.--The term `security interest'
includes a right under a mortgage, deed of trust, assignment,
judgment lien, pledge, security agreement, factoring
agreement, or lease and any other right accruing to a person
to secure the repayment of money, the performance of a duty,
or any other obligation by a nonaffiliated person.''.
SEC. 2503. CONFORMING AMENDMENT.
Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C.
6991b(h)) is amended by striking paragraph (9) and inserting
the following:
``(9) Definition of owner or operator.--
``(A) In general.--As used in this subtitle, the terms
`owner' and `operator' do not include a person that, without
participating in the management of an underground storage
tank and otherwise not engaged in petroleum production,
refining, or marketing, holds indicia of ownership primarily
to protect the person's security interest.
``(B) Security interest holders.--The provisions regarding
holders of security interests in subparagraphs (E) through
(G) of section 101(20) and the provisions regarding
fiduciaries at section 107(n) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 shall apply in determining a person's liability as an
owner or operator of an underground storage tank for the
purposes of this subtitle.
``(C) Effect on rule.--Nothing in subparagraph (B) shall be
construed as modifying or affecting the final rule issued by
the Administrator on September 7, 1995 (60 Fed. Reg. 46,692),
or as limiting the authority of the Administrator to amend
the final rule, in accordance with applicable law. The final
rule in effect on the date of enactment of this subparagraph
shall prevail over any inconsistent provision regarding
holders of security interests in subparagraphs (E) through
(G) of section 101(20) or any inconsistent provision
regarding fiduciaries in section 107(n) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980. Any amendment to the final rule shall be consistent
with the provisions regarding holders of security interests
in subparagraphs (E) through (G) of section 101(20) and the
provisions regarding fiduciaries in section 107(n) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980. This subparagraph does not preclude
judicial review of any amendment of the final rule made after
the date of enactment of this subparagraph.''.
SEC. 2504. LENDER LIABILITY RULE.
(a) In General.--Effective on the date of enactment of this
Act, the portion of the final rule issued by the
Administrator of the Environmental Protection Agency on April
29, 1992 (57 Fed. Reg. 18,344), prescribing section 300.1105
of title 40, Code of Federal Regulations, shall be deemed to
have been validly issued under authority of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) and to have been effective
according to the terms of the final rule. No additional
judicial proceedings shall be necessary or may be held with
respect to such portion of the final rule. Any reference in
that portion of the final rule to section 300.1100 of title
40, Code of Federal Regulations, shall be deemed to be a
reference to the amendments made by this subtitle.
(b) Judicial Review.--Notwithstanding section 113(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9613(a)), no court shall
have jurisdiction to review the portion of the final rule
issued by the Administrator of the Environmental Protection
Agency on April 29, 1992 (57 Fed. Reg. 18,344) that
prescribed section 300.1105 of title 40, Code of Federal
Regulations.
(c) Amendment.--No provision of this section shall be
construed as limiting the authority of the President or a
delegee of the President to amend the portion of the final
rule issued by the Administrator of the Environmental
Protection Agency on April 29, 1992 (57 Fed. Reg. 18,344),
prescribing section 300.1105 of title 40, Code of Federal
Regulations, consistent with the amendments made by this
subtitle and other applicable law.
(d) Judicial Review.--No provision of this section shall be
construed as precluding judicial review of any amendment of
section 300.1105 of title 40, Code of Federal Regulations,
made after the date of enactment of this Act.
SEC. 2505. EFFECTIVE DATE.
The amendments made by this subtitle shall be applicable
with respect to any claim that has not been finally
adjudicated as of the date of enactment of this Act.
Subtitle F--Miscellaneous
SEC. 2601. FEDERAL RESERVE BOARD STUDY.
(a) Study of Electronic Stored Value Products.--
(1) Study.--The Board shall conduct a study of electronic
stored value products which evaluates whether provisions of
the Electronic Fund Transfer Act could be applied to such
products without adversely impacting the cost, development,
and operation of such products.
(2) Considerations.--In conducting its study under
paragraph (1), the Board shall consider whether alternatives
to regulation under the Electronic Fund Transfer Act, such as
allowing competitive market forces to shape the development
and operation of electronic stored value products, could more
efficiently achieve the objectives embodied in that Act.
(b) Report.--The Board shall submit a report of its study
under subsection (a) to the Congress not later than 6 months
after the date of enactment of this Act.
(c) Action To Finalize.--The Board shall take no action to
finalize any amendments to regulations under the Electronic
Fund Transfer Act that would regulate electronic stored value
products until the later of--
(1) 3 months after the date on which the report is
submitted to the Congress under subsection (b); or
(2) 9 months after the date of enactment of this Act.
SEC. 2602. TREATMENT OF CLAIMS ARISING FROM BREACH OF
CONTRACTS EXECUTED BY THE RECEIVER OR
CONSERVATOR.
Section 11(d) of the Federal Deposit Insurance Act (12
U.S.C. 1821(d)) is amended by adding at the end the following
new paragraph:
``(20) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any
other provision of this subsection, any final and
unappealable judgment for monetary damages entered against a
receiver or conservator for an insured depository institution
for the breach of an agreement executed or approved by such
receiver or conservator after the date of its appointment
shall be paid as an administrative expense of the receiver or
conservator. Nothing in this paragraph shall be construed to
limit the power of a receiver or conservator to exercise any
rights under contract or law, includ
[[Page 2602]]
ing to terminate, breach, cancel, or otherwise discontinue
such agreement.''.
SEC. 2603. CRIMINAL SANCTIONS FOR FICTITIOUS FINANCIAL
INSTRUMENTS AND COUNTERFEITING.
(a) Increased Penalties for Counterfeiting Violations.--
Sections 474 and 474A of title 18, United States Code, are
amended by striking ``class C felony'' each place that term
appears and inserting ``class B felony''.
(b) Criminal Penalty for Production, Sale, Transportation,
Possession of Fictitious Financial Instruments Purporting to
be Those of the States, of Political Subdivisions, and of
Private Organizations.--
(1) In general.--Chapter 25 of title 18, United States
Code, is amended by inserting after section 513, the
following new section:
``Sec. 514. Fictitious obligations
``(a) Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces, publishes, or
otherwise makes, or attempts or causes the same, within the
United States;
``(2) passes, utters, presents, offers, brokers, issues,
sells, or attempts or causes the same, or with like intent
possesses, within the United States; or
``(3) utilizes interstate or foreign commerce, including
the use of the mails or wire, radio, or other electronic
communication, to transmit, transport, ship, move, transfer,
or attempts or causes the same, to, from, or through the
United States,
any false or fictitious instrument, document, or other item
appearing, representing, purporting, or contriving through
scheme or artifice, to be an actual security or other
financial instrument issued under the authority of the United
States, a foreign government, a State or other political
subdivision of the United States, or an organization, shall
be guilty of a class B felony.
``(b) For purposes of this section, any term used in this
section that is defined in section 513(c) has the same
meaning given such term in section 513(c).
``(c) The United States Secret Service, in addition to any
other agency having such authority, shall have authority to
investigate offenses under this section.''.
(2) Technical amendment.--The analysis for chapter 25 of
title 18, United States Code, is amended by inserting after
the item relating to section 513 the following:
``514. Fictitious obligations.''.
SEC. 2604. AMENDMENTS TO THE TRUTH IN SAVINGS ACT.
(a) Repeal.--Effective as of the end of the 5-year period
beginning on the date of the enactment of this Act, section
271 of the Truth in Savings Act (12 U.S.C. 4310) is repealed.
(b) On-Premises Displays.--Section 263(c) of the Truth in
Savings Act (12 U.S.C. 4302(c)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(1) In general.--''; and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately.
(c) Depository Institution Definition.--Section 274(6) of
the Truth in Savings Act (12 U.S.C. 4313(6)) is amended by
inserting before the period ``, but does not include any
nonautomated credit union that was not required to comply
with the requirements of this title as of the date of
enactment of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996, pursuant to the determination of the
National Credit Union Administration Board''.
(d) Time Deposits.--Section 266(a)(3) of the Truth in
Savings Act (12 U.S.C. 4305(a)(3)) is amended by inserting
``has a maturity of more than 30 days'' after ``deposit
which''.
SEC. 2605. CONSUMER LEASING ACT AMENDMENTS.
(a) Congressional Findings and Declaration of Purposes.--
(1) Findings.--The Congress finds that--
(A) competition among the various financial institutions
and other firms engaged in the business of consumer leasing
is greatest when there is informed use of leasing;
(B) the informed use of leasing results from an awareness
of the cost of leasing by consumers; and
(C) there has been a continued trend toward leasing
automobiles and other durable goods for consumer use as an
alternative to installment credit sales and that leasing
product advances have occurred such that lessors have been
unable to provide consistent industry-wide disclosures to
fully account for the competitive progress that has occurred.
(2) Purposes.--The purposes of this section are--
(A) to assure a simple, meaningful disclosure of leasing
terms so that the consumer will be able to compare more
readily the various leasing terms available to the consumer
and avoid the uninformed use of leasing, and to protect the
consumer against inaccurate and unfair leasing practices;
(B) to provide for adequate cost disclosures that reflect
the marketplace without impairing competition and the
development of new leasing products; and
(C) to provide the Board with the regulatory authority to
assure a simplified, meaningful definition and disclosure of
the terms of certain leases of personal property for
personal, family, or household purposes so as to--
(i) enable the lessee to compare more readily the various
lease terms available to the lessee;
(ii) enable comparison of lease terms with credit terms, as
appropriate; and
(iii) assure meaningful and accurate disclosures of lease
terms in advertisements.
(b) Regulations.--
(1) In general.--Chapter 5 of the Truth in Lending Act (15
U.S.C. 1667 et seq.) is amended by adding at the end the
following new section:
``SEC. 187. REGULATIONS.
``(a) Regulations Authorized.--
``(1) In general.--The Board shall prescribe regulations to
update and clarify the requirements and definitions
applicable to lease disclosures and contracts, and any other
issues specifically related to consumer leasing, to the
extent that the Board determines such action to be
necessary--
``(A) to carry out this chapter;
``(B) to prevent any circumvention of this chapter; or
``(C) to facilitate compliance with the requirements of the
chapter.
``(2) Classifications, adjustments.--Any regulations
prescribed under paragraph (1) may contain classifications
and differentiations, and may provide for adjustments and
exceptions for any class of transactions, as the Board
considers appropriate.
``(b) Model Disclosure.--
``(1) Publication.--The Board shall establish and publish
model disclosure forms to facilitate compliance with the
disclosure requirements of this chapter and to aid the
consumer in understanding the transaction to which the
subject disclosure form relates.
``(2) Use of automated equipment.--In establishing model
forms under this subsection, the Board shall consider the use
by lessors of data processing or similar automated equipment.
``(3) Use optional.--A lessor may utilize a model
disclosure form established by the Board under this
subsection for purposes of compliance with this chapter, at
the discretion of the lessor.
``(4) Effect of use.--Any lessor who properly uses the
material aspects of any model disclosure form established by
the Board under this subsection shall be deemed to be in
compliance with the disclosure requirements to which the form
relates.''.
(2) Effective date.--
(A) In general.--Any regulation of the Board, or any
amendment or interpretation of any regulation of the Board
issued pursuant to section 187 of the Truth in Lending Act
(as added by paragraph (1) of this subsection), shall become
effective on the first October 1 that follows the date of
promulgation of that regulation, amendment, or interpretation
by not less than 6 months.
(B) Longer period.--The Board may, at the discretion of the
Board, extend the time period referred to in subparagraph (A)
in accordance with subparagraph (C), to permit lessors to
adjust their disclosure forms to accommodate the requirements
of section 127 of the Truth in Lending Act (as added by
paragraph (1) of this subsection).
(C) Shorter period.--The Board may shorten the time period
referred to in subparagraph (A), if the Board makes a
specific finding that such action is necessary to comply with
the findings of a court or to prevent an unfair or deceptive
practice.
(D) Compliance before effective date.--Any lessor may
comply with any means of disclosure provided for in section
127 of the Truth in Lending Act (as added by paragraph (1) of
this subsection) before the effective date of such
requirement.
(E) Definitions.--For purposes of this subsection, the term
``lessor'' has the same meaning as in section 181 of the
Truth in Lending Act.
(3) Clerical amendment.--The table of sections for chapter
5 of title I of the Truth in Lending Act (15 U.S.C. 1601 et
seq.) is amended by inserting after the item relating to
section 186 the following new item:
``187. Regulations.''.
(c) Consumer Lease Advertising.--Section 184 of the Truth
in Lending Act (15 U.S.C. 1667c) is amended--
(1) by striking subsections (a) and (c);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting before subsection (c), as so redesignated,
the following:
``(a) In General.--If an advertisement for a consumer lease
includes a statement of the amount of any payment or a
statement that any or no initial payment is required, the
advertisement shall clearly and conspicuously state, as
applicable--
``(1) the transaction advertised is a lease;
``(2) the total amount of any initial payments required on
or before consummation of the lease or delivery of the
property, whichever is later;
``(3) that a security deposit is required;
``(4) the number, amount, and timing of scheduled payments;
and
``(5) with respect to a lease in which the liability of the
consumer at the end of the lease term is based on the
anticipated residual value of the property, that an extra
charge may be imposed at the end of the lease term.
``(b) Advertising Medium Not Liable.--No owner or employee
of any entity that serves as a medium in which an
advertisement appears or through which an advertisement is
disseminated, shall be liable under this section.''.
SEC. 2606. STUDY OF CORPORATE CREDIT UNIONS.
(a) Definitions.--For purposes of this section, the
following definitions shall apply:
(1) Administration.--The term ``Administration'' means the
National Credit Union Administration.
[[Page 2603]]
(2) Board.--The term ``Board'' means the National Credit
Union Administration Board.
(3) Corporate credit union.--The term ``corporate credit
union'' has the meaning given such term by rule or regulation
of the Board.
(4) Fund.--The term ``Fund'' means the National Credit
Union Share Insurance Fund established under section 203 of
the Federal Credit Union Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Board, the Corporation, the Comptroller of the Currency, and
the Administration, shall conduct a study and evaluation of--
(A) the oversight and supervisory practices of the
Administration concerning the Fund, including the treatment
of amounts deposited in the Fund pursuant to section 202(c)
of the Federal Credit Union Act, including analysis of--
(i) whether those amounts should be--
(I) refundable; or
(II) treated as expenses; and
(ii) the use of those amounts in determining equity capital
ratios;
(B) the potential for, and potential effects of,
administration of the Fund by an entity other than the
Administration;
(C) the 10 largest corporate credit unions in the United
States, conducted in cooperation with appropriate employees
of other Federal agencies with expertise in the examination
of federally insured financial institutions, including--
(i) the investment practices of those credit unions; and
(ii) the financial stability, financial operations, and
financial controls of those credit unions;
(D) the regulations of the Administration; and
(E) the supervision of corporate credit unions by the
Administration.
(c) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of the Congress, a report that
includes the results of the study and evaluation conducted
under subsection (b), together with any recommendations that
the Secretary considers to be appropriate.
SEC. 2607. REPORT ON THE RECONCILIATION OF DIFFERENCES
BETWEEN REGULATORY ACCOUNTING PRINCIPLES AND
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
Not later than 180 days after the date of enactment of this
Act, each appropriate Federal banking agency shall submit to
the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, a report describing both the
actions that have been taken by the agency and the actions
that will be taken by the agency to eliminate or conform
inconsistent or duplicative accounting and reporting
requirements applicable to reports or statements filed with
any such agency by insured depository institutions, as
required by section 121 of the Federal Deposit Insurance
Corporation Improvement Act of 1991.
SEC. 2608. STATE-BY-STATE AND METROPOLITAN AREA-BY-
METROPOLITAN AREA STUDY OF BANK FEES.
Section 1002(b)(2)(A) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note)
is amended to read as follows:
``(A) a description of any discernible trend, in the Nation
as a whole, in each of the 50 States, and in each
consolidated metropolitan statistical area or primary
metropolitan statistical area (as defined by the Director of
the Office of Management and Budget), in the cost and
availability of retail banking services (including fees
imposed for providing such services), that delineates
differences between insured depository institutions on the
basis of both the size of the institution and any engagement
of the institution in multistate activity; and''.
SEC. 2609. PROSPECTIVE APPLICATION OF GOLD CLAUSES IN
CONTRACTS.
Section 5118(d)(2) of title 31, United States Code, is
amended by adding at the end the following: ``This paragraph
shall apply to any obligation issued on or before October 27,
1977, notwithstanding any assignment or novation of such
obligation after October 27, 1977, unless all parties to the
assignment or novation specifically agree to include a gold
clause in the new agreement. Nothing in the preceding
sentence shall be construed to affect the enforceability of a
Gold Clause contained in any obligation issued after October
27, 1977 if the enforceability of that Gold Clause has been
finally adjudicated before the date of enactment of the
Economic Growth and Regulatory Paperwork Reduction Act of
1996.''.
SEC. 2610. QUALIFIED FAMILY PARTNERSHIPS.
Section 2 of the Bank Holding Company Act of 1956 (12
U.S.C. 1841) is amended--
(1) in subsection (b), by inserting ``, and shall not
include a qualified family partnership'' after ``by any
State''; and
(2) in subsection (o), by adding at the end the following:
``(10) Qualified family partnership.--The term `qualified
family partnership' means a general or limited partnership
that the Board determines--
``(A) does not directly control any bank, except through a
registered bank holding company;
``(B) does not control more than 1 registered bank holding
company;
``(C) does not engage in any business activity, except
indirectly through ownership of other business entities;
``(D) has no investments other than those permitted for a
bank holding company pursuant to section 4(c);
``(E) is not obligated on any debt, either directly or as a
guarantor;
``(F) has partners, all of whom are either--
``(i) individuals related to each other by blood, marriage
(including former marriage), or adoption; or
``(ii) trusts for the primary benefit of individuals
related as described in clause (i); and
``(G) has filed with the Board a statement that includes--
``(i) the basis for the eligibility of the partnership
under subparagraph (F);
``(ii) a list of the existing activities and investments of
the partnership;
``(iii) a commitment to comply with this paragraph;
``(iv) a commitment to comply with section 7 of the Federal
Deposit Insurance Act with respect to any acquisition of
control of an insured depository institution occurring after
date of enactment of this paragraph; and
``(v) a commitment to be subject, to the same extent as if
the qualified family partnership were a bank holding
company--
``(I) to examination by the Board to assure compliance with
this paragraph; and
``(II) to section 8 of the Federal Deposit Insurance
Act.''.
SEC. 2611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY
INSTITUTIONS AND FARMERS AND RANCHERS IN
DROUGHT-STRICKEN AREAS.
(a) Findings.--The Congress hereby finds the following:
(1) Severe drought is being experienced in the Plains and
the Southwest portions of our country.
(2) Soil erosion is becoming a critical issue as the dry
season approaches and summer winds may rob these fields of
nutrient-rich topsoil.
(3) Without immediate assistance, ranchers and farmers
would be forced to cull their herds bringing tremendous
volatility in the beef market.
(4) The American people will feel the impact of this
drought in their pocketbooks through higher prices for grain
products.
(5) The communities in drought-stricken areas are suffering
and borrowers may have difficulty meeting their obligations
to financial institutions.
(6) Congress has already passed the Depository Institutions
Disaster Relief Act of 1992 which allows financial
institutions to make emergency exceptions to the appraisal
requirement in times of national disasters.
(b) Sense of the Congress.--It is the sense of the Congress
that financial institutions and Federal bank regulators
should work cooperatively with farmers and ranchers in
communities affected by drought conditions to allow financial
obligations to be met without imposing undue burdens.
SEC. 2612. STREAMLINING PROCESS FOR DETERMINING NEW
NONBANKING ACTIVITIES.
Section 4(c)(8) of the Bank Holding Company Act of 1956 (12
U.S.C. 1843(c)(8)) is amended by striking ``and opportunity
for hearing'' and inserting the following: ``(and opportunity
for hearing in the case of an acquisition of a savings
association)''.
SEC. 2613. AUTHORIZING BANK SERVICE COMPANIES TO ORGANIZE AS
LIMITED LIABILITY COMPANIES.
(a) Amendment to Short Title.--Section 1 of the Bank
Service Corporation Act (12 U.S.C. 1861(a)) is amended by
striking subsection (a) and inserting the following new
subsection:
``(a) Short Title.--This Act may be cited as the `Bank
Service Company Act'.'';
(b) Amendments to Definitions.--Section 1(b) of the Bank
Service Corporation Act (12 U.S.C. 1861(b)) is amended--
(1) by striking paragraph (2) and inserting the following
new paragraph:
``(2) the term `bank service company' means--
``(A) any corporation--
``(i) which is organized to perform services authorized by
this Act; and
``(ii) all of the capital stock of which is owned by 1 or
more insured banks; and
``(B) any limited liability company--
``(i) which is organized to perform services authorized by
this Act; and
``(ii) all of the members of which are 1 or more insured
banks.'';
(2) in paragraph (6)--
(A) by striking ``corporation'' and inserting ``company'';
and
(B) by striking ``and'' after the semicolon;
(3) by redesignating paragraph (7) as paragraph (8) and
inserting after paragraph (6) the following new paragraph:
``(7) the term `limited liability company' means any
company, partnership, trust, or similar business entity
organized under the law of a State (as defined in section 3
of the Federal Deposit Insurance Act) which provides that a
member or manager of such company is not personally liable
for a debt, obligation, or liability of the company solely by
reason of being, or acting as, a member or manager of such
company; and''; and
(4) in paragraph (8) (as so redesignated)--
(A) by striking ``corporation'' each place such term
appears and inserting ``company''; and
(B) by striking ``capital stock'' and inserting ``equity''.
(c) Amendments to Section 2.--Section 2 of the Bank Service
Corporation Act (12 U.S.C. 1862) is amended--
[[Page 2604]]
(1) by striking ``corporation'' and inserting ``company'';
(2) by striking ``corporations'' and inserting
``companies''; and
(3) in the heading for such section, by striking
``corporation'' and inserting ``company''.
(d) Amendments to Section 3.--Section 3 of the Bank Service
Corporation Act (12 U.S.C. 1863) is amended--
(1) by striking ``corporation'' each place such term
appears and inserting ``company''; and
(2) in the heading for such section, by striking
``corporation'' and inserting ``company''.
(e) Amendments to Section 4.--Section 4 of the Bank Service
Corporation Act (12 U.S.C. 1864) is amended--
(1) by striking ``corporation'' each place such term
appears and inserting ``company'';
(2) in subsection (b), by inserting ``or members'' after
``shareholders'' each place such term appears;
(3) in subsections (c) and (d), by inserting ``or member''
after ``shareholder'' each place such term appears;
(4) in subsection (e)--
(A) by inserting ``or members'' after ``national bank and
State bank shareholders'';
(B) by striking ``its national bank shareholder or
shareholders'' and inserting ``any shareholder or member of
the company which is a national bank'';
(C) by striking ``its State bank shareholder or
shareholders'' and inserting ``any shareholder or member of
the company which is a State bank'';
(D) by striking ``such State bank or banks'' and inserting
``any such State bank''; and
(E) by inserting ``or members'' after ``State bank and
national bank shareholders''; and
(5) in the heading for such section, by striking
``corporation'' and inserting ``company''.
(f) Amendments to Section 5.--Section 5 of the Bank Service
Corporation Act (12 U.S.C. 1865) is amended--
(1) by striking ``corporation'' each place such term
appears and inserting ``company''; and
(2) in the heading for such section, by striking
``corporations'' and inserting ``companies''.
(g) Amendments to Section 6.--Section 6 of the Bank Service
Corporation Act (12 U.S.C. 1866) is amended--
(1) by striking ``corporation'' each place such term
appears and inserting ``company'';
(2) by inserting ``or is not a member of'' after ``does not
own stock in'';
(3) by striking ``the nonstockholding institution'' and
inserting ``such depository institution'';
(4) by inserting ``or is a member of'' after ``that owns
stock in'';
(5) in paragraphs (1) and (2), by inserting ``or
nonmember'' after ``nonstockholding''; and
(6) in the heading for such section by inserting ``or
nonmembers'' after ``nonstockholders''.
(h) Amendments to Section 7.--Section 7 of the Bank Service
Corporation Act (12 U.S.C. 1867) is amended--
(1) by striking ``corporation'' each place such term
appears and inserting ``company'';
(2) in subsection (a)--
(A) by inserting ``or principal member'' after ``principal
shareholder''; and
(B) by inserting ``or member'' after ``other shareholder'';
and
(3) in the heading for such section, by striking
``corporations'' and inserting ``companies''.
SEC. 2614. RETIREMENT CERTIFICATES OF DEPOSITS.
(a) In General.--Section 3(l)(5) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(l)(5) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) any liability of an insured depository institution
that arises under an annuity contract, the income of which is
tax deferred under section 72 of the Internal Revenue Code of
1986.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any liability of an insured depository that
arises under an annuity contract issued on or after the date
of enactment of this Act.
SEC. 2615. PROHIBITIONS ON CERTAIN DEPOSITORY INSTITUTION
ASSOCIATIONS WITH GOVERNMENT-SPONSORED
ENTERPRISES.
(a) Credit Unions.--Section 201 of the Federal Credit Union
Act (12 U.S.C. 1781) is amended by adding at the end the
following new subsection:
``(e) Prohibition on Certain Associations.--
``(1) In general.--No insured credit union may be sponsored
by or accept financial support, directly or indirectly, from
any Government-sponsored enterprise, if the credit union
includes the customers of the Government-sponsored enterprise
in the field of membership of the credit union.
``(2) Routine business financing.--Paragraph (1) shall not
apply with respect to advances or other forms of financial
assistance generally provided by a Government-sponsored
enterprise in the ordinary course of business of the
enterprise.
``(3) Government-sponsored enterprise defined.--For
purposes of this subsection, the term `Government-sponsored
enterprise' has the meaning given to such term in section
1404(e)(1)(A) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
``(4) Employee credit union.--No provision of this
subsection shall be construed as prohibiting any employee of
a Government-sponsored enterprise from becoming a member of a
credit union whose field of membership is the employees of
such enterprise.''.
(b) Banks and Savings Associations.--Section 18 of the
Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by
adding at the end the following new subsection:
``(s) Prohibition on Certain Affiliations.--
``(1) In general.--No depository institution may be an
affiliate of, be sponsored by, or accept financial support,
directly or indirectly, from any Government-sponsored
enterprise.
``(2) Exception for members of a federal home loan bank.--
Paragraph (1) shall not apply with respect to the membership
of a depository institution in a Federal home loan bank.
``(3) Routine business financing.--Paragraph (1) shall not
apply with respect to advances or other forms of financial
assistance provided by a Government-sponsored enterprise
pursuant to the statutes governing such enterprise.
``(4) Government-sponsored enterprise defined.--For
purposes of this subsection, the term `Government-sponsored
enterprise' has the meaning given to such term in section
1404(e)(1)(A) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.''.
(c) Effective Date.--The amendments made by this section
shall apply on and after January 1, 1996.
Subtitle G--Deposit Insurance Funds
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ``Deposit Insurance Funds
Act of 1996''.
SEC. 2702. SPECIAL ASSESSMENT TO CAPITALIZE SAIF.
(a) In General.--Except as provided in subsection (f), the
Board of Directors of the Federal Deposit Insurance
Corporation shall impose a special assessment on the SAIF-
assessable deposits of each insured depository institution in
accordance with assessment regulations of the Corporation at
a rate applicable to all such institutions that the Board of
Directors, in its sole discretion, determines (after taking
into account the adjustments described in subsections (g),
(h), and (j)) will cause the Savings Association Insurance
Fund to achieve the designated reserve ratio on the first
business day of the 1st month beginning after the date of the
enactment of this Act.
(b) Factors To Be Considered.--In carrying out subsection
(a), the Board of Directors shall base its determination on--
(1) the monthly Savings Association Insurance Fund balance
most recently calculated;
(2) data on insured deposits reported in the most recent
reports of condition filed not later than 70 days before the
date of enactment of this Act by insured depository
institutions; and
(3) any other factors that the Board of Directors deems
appropriate.
(c) Date of Determination.--For purposes of subsection (a),
the amount of the SAIF-assessable deposits of an insured
depository institution shall be determined as of March 31,
1995.
(d) Date Payment Due.--Except as provided in subsection
(g), the special assessment imposed under this section shall
be--
(1) due on the first business day of the 1st month
beginning after the date of the enactment of this Act; and
(2) paid to the Corporation on the later of--
(A) the first business day of the 1st month beginning after
such date of enactment; or
(B) such other date as the Corporation shall prescribe, but
not later than 60 days after the date of enactment of this
Act.
(e) Assessment Deposited in SAIF.--Notwithstanding any
other provision of law, the proceeds of the special
assessment imposed under this section shall be deposited in
the Savings Association Insurance Fund.
(f) Exemptions for Certain Institutions.--
(1) Exemption for weak institutions.--The Board of
Directors may, by order, in its sole discretion, exempt any
insured depository institution that the Board of Directors
determines to be weak, from paying the special assessment
imposed under this section if the Board of Directors
determines that the exemption would reduce risk to the
Savings Association Insurance Fund.
(2) Guidelines required.--Not later than 30 days after the
date of enactment of this Act, the Board of Directors shall
prescribe guidelines setting forth the criteria that the
Board of Directors will use in exempting institutions under
paragraph (1). Such guidelines shall be published in the
Federal Register.
(3) Exemption for certain newly chartered and other defined
institutions.--
(A) In general.--In addition to the institutions exempted
from paying the special assessment under paragraph (1), the
Board of Directors shall exempt any insured depository
institution from payment of the special assessment if the
institution--
(i) was in existence on October 1, 1995, and held no SAIF-
assessable deposits before January 1, 1993;
(ii) is a Federal savings bank which--
(I) was established de novo in April 1994 in order to
acquire the deposits of a savings as
[[Page 2605]]
sociation which was in default or in danger of default; and
(II) received minority interim capital assistance from the
Resolution Trust Corporation under section 21A(w) of the
Federal Home Loan Bank Act in connection with the acquisition
of any such savings association; or
(iii) is a savings association, the deposits of which are
insured by the Savings Association Insurance Fund, which--
(I) before January 1, 1987, was chartered as a Federal
savings bank insured by the Federal Savings and Loan
Insurance Corporation for the purpose of acquiring all or
substantially all of the assets and assuming all or
substantially all of the deposit liabilities of a national
bank in a transaction consummated after July 1, 1986; and
(II) as of the date of that transaction, had assets of less
than $150,000,000.
(B) Definition.--For purposes of this paragraph, an
institution shall be deemed to have held SAIF-assessable
deposits before January 1, 1993, if--
(i) it directly held SAIF-assessable deposits before that
date; or
(ii) it succeeded to, acquired, purchased, or otherwise
holds any SAIF-assessable deposits as of the date of
enactment of this Act that were SAIF-assessable deposits
before January 1, 1993.
(4) Exempt institutions required to pay assessments at
former rates.--
(A) Payments to saif and dif.--Any insured depository
institution that the Board of Directors exempts under this
subsection from paying the special assessment imposed under
this section shall pay semiannual assessments--
(i) during calendar years 1996, 1997, and 1998, into the
Savings Association Insurance Fund, based on SAIF-assessable
deposits of that institution, at assessment rates calculated
under the schedule in effect for Savings Association
Insurance Fund members on June 30, 1995; and
(ii) during calendar year 1999--
(I) into the Deposit Insurance Fund, based on SAIF-
assessable deposits of that institution as of December 31,
1998, at assessment rates calculated under the schedule in
effect for Savings Association Insurance Fund members on June
30, 1995; or
(II) in accordance with clause (i), if the Bank Insurance
Fund and the Savings Association Insurance Fund are not
merged into the Deposit Insurance Fund.
(B) Optional pro rata payment of special assessment.--This
paragraph shall not apply with respect to any insured
depository institution (or successor insured depository
institution) that has paid, during any calendar year from
1997 through 1999, upon such terms as the Corporation may
announce, an amount equal to the product of--
(i) 16.7 percent of the special assessment that the
institution would have been required to pay under subsection
(a), if the Board of Directors had not exempted the
institution; and
(ii) the number of full semiannual periods remaining
between the date of the payment and December 31, 1999.
(g) Special Election for Certain Institutions Facing
Hardship as a Result of the Special Assessment.--
(1) Election authorized.--If--
(A) an insured depository institution, or any depository
institution holding company which, directly or indirectly,
controls such institution, is subject to terms or covenants
in any debt obligation or preferred stock outstanding on
September 13, 1995; and
(B) the payment of the special assessment under subsection
(a) would pose a significant risk of causing such depository
institution or holding company to default or violate any such
term or covenant,
the depository institution may elect, with the approval of
the Corporation, to pay such special assessment in accordance
with paragraphs (2) and (3) in lieu of paying such assessment
in the manner required under subsection (a).
(2) 1st assessment.--An insured depository institution
which makes an election under paragraph (1) shall pay an
assessment in an amount equal to 50 percent of the amount of
the special assessment that would otherwise apply under
subsection (a), by the date on which such special assessment
is payable under subsection (d).
(3) 2d assessment.--An insured depository institution which
makes an election under paragraph (1) shall pay a 2d
assessment, by the date established by the Board of Directors
in accordance with paragraph (4), in an amount equal to the
product of 51 percent of the rate determined by the Board of
Directors under subsection (a) for determining the amount of
the special assessment and the SAIF-assessable deposits of
the institution on March 31, 1996, or such other date in
calendar year 1996 as the Board of Directors determines to be
appropriate.
(4) Due date of 2d assessment.--The date established by the
Board of Directors for the payment of the assessment under
paragraph (3) by a depository institution shall be the
earliest practicable date which the Board of Directors
determines to be appropriate, which is at least 15 days after
the date used by the Board of Directors under paragraph (3).
(5) Supplemental special assessment.--An insured depository
institution which makes an election under paragraph (1) shall
pay a supplemental special assessment, at the same time the
payment under paragraph (3) is made, in an amount equal to
the product of--
(A) 50 percent of the rate determined by the Board of
Directors under subsection (a) for determining the amount of
the special assessment; and
(B) 95 percent of the amount by which the SAIF-assessable
deposits used by the Board of Directors for determining the
amount of the 1st assessment under paragraph (2) exceeds, if
any, the SAIF-assessable deposits used by the Board for
determining the amount of the 2d assessment under paragraph
(3).
(h) Adjustment of Special Assessment for Certain Bank
Insurance Fund Member Banks.--
(1) In general.--For purposes of computing the special
assessment imposed under this section with respect to a Bank
Insurance Fund member bank, the amount of any deposits of any
insured depository institution which section 5(d)(3) of the
Federal Deposit Insurance Act treats as insured by the
Savings Association Insurance Fund shall be reduced by 20
percent--
(A) if the adjusted attributable deposit amount of the Bank
Insurance Fund member bank is less than 50 percent of the
total domestic deposits of that member bank as of June 30,
1995; or
(B) if, as of June 30, 1995, the Bank Insurance Fund
member--
(i) had an adjusted attributable deposit amount equal to
less than 75 percent of the total assessable deposits of that
member bank;
(ii) had total assessable deposits greater than
$5,000,000,000; and
(iii) was owned or controlled by a bank holding company
that owned or controlled insured depository institutions
having an aggregate amount of deposits insured or treated as
insured by the Bank Insurance Fund greater than the aggregate
amount of deposits insured or treated as insured by the
Savings Association Insurance Fund.
(2) Adjusted attributable deposit amount.--For purposes of
this subsection, the ``adjusted attributable deposit amount''
shall be determined in accordance with section 5(d)(3)(C) of
the Federal Deposit Insurance Act.
(i) Adjustment to the Adjusted Attributable Deposit Amount
for Certain Bank Insurance Fund Member Banks.--Section
5(d)(3) of the Federal Deposit Insurance Act (12 U.S.C.
1815(d)(3)) is amended--
(1) in subparagraph (C), by striking ``The adjusted
attributable deposit amount'' and inserting ``Except as
provided in subparagraph (K), the adjusted attributable
deposit amount''; and
(2) by adding at the end the following new subparagraph:
``(K) Adjustment of adjusted attributable deposit amount.--
The amount determined under subparagraph (C)(i) for deposits
acquired by March 31, 1995, shall be reduced by 20 percent
for purposes of computing the adjusted attributable deposit
amount for the payment of any assessment for any semiannual
period that begins after the date of the enactment of the
Deposit Insurance Funds Act of 1996 (other than the special
assessment imposed under section 2702(a) of such Act), for a
Bank Insurance Fund member bank that, as of June 30, 1995--
``(i) had an adjusted attributable deposit amount that was
less than 50 percent of the total deposits of that member
bank; or
``(ii)(I) had an adjusted attributable deposit amount equal
to less than 75 percent of the total assessable deposits of
that member bank;
``(II) had total assessable deposits greater than
$5,000,000,000; and
``(III) was owned or controlled by a bank holding company
that owned or controlled insured depository institutions
having an aggregate amount of deposits insured or treated as
insured by the Bank Insurance Fund greater than the aggregate
amount of deposits insured or treated as insured by the
Savings Association Insurance Fund.''.
(j) Adjustment of Special Assessment for Certain Savings
Associations.--
(1) Special assessment reduction.--For purposes of
computing the special assessment imposed under this section,
in the case of any converted association, the amount of any
deposits of such association which were insured by the
Savings Association Insurance Fund as of March 31, 1995,
shall be reduced by 20 percent.
(2) Converted association.--For purposes of this
subsection, the term ``converted association'' means--
(A) any Federal savings association--
(i) that is a member of the Savings Association Insurance
Fund and that has deposits subject to assessment by that fund
which did not exceed $4,000,000,000, as of March 31, 1995;
and
(ii) that had been, or is a successor by merger,
acquisition, or otherwise to an institution that had been, a
State savings bank, the deposits of which were insured by the
Federal Deposit Insurance Corporation before August 9, 1989,
that converted to a Federal savings association pursuant to
section 5(i) of the Home Owners' Loan Act before January 1,
1985;
(B) a State depository institution that is a member of the
Savings Association Insurance Fund that had been a State
savings bank before October 15, 1982, and was a Federal
savings association on August 9, 1989;
(C) an insured bank that--
(i) was established de novo in order to acquire the
deposits of a savings association in default or in danger of
default;
(ii) did not open for business before acquiring the
deposits of such savings association; and
[[Page 2606]]
(iii) was a Savings Association Insurance Fund member
before the date of enactment of this Act; and
(D) an insured bank that--
(i) resulted from a savings association before December 19,
1991, in accordance with section 5(d)(2)(G) of the Federal
Deposit Insurance Act; and
(ii) had an increase in its capital in conjunction with the
conversion in an amount equal to more than 75 percent of the
capital of the institution on the day before the date of the
conversion.
SEC. 2703. FINANCING CORPORATION FUNDING.
(a) In General.--Section 21 of the Federal Home Loan Bank
Act (12 U.S.C. 1441) is amended--
(1) in subsection (f)(2)--
(A) in the matter immediately preceding subparagraph (A)--
(i) by striking ``To the extent the amounts available
pursuant to paragraph (1) are insufficient to cover the
amount of interest payments, issuance costs, and custodial
fees,'' and inserting ``In addition to the amounts obtained
pursuant to paragraph (1),'';
(ii) by striking ``Savings Association Insurance Fund
member'' and inserting ``insured depository institution'';
and
(iii) by striking ``members'' and inserting
``institutions''; and
(B) by striking ``, except that--'' and all that follows
through the end of the paragraph and inserting ``, except
that--
``(A) the assessments imposed on insured depository
institutions with respect to any BIF-assessable deposit shall
be assessed at a rate equal to \1/5\ of the rate of the
assessments imposed on insured depository institutions with
respect to any SAIF-assessable deposit; and
``(B) no limitation under clause (i) or (iii) of section
7(b)(2)(A) of the Federal Deposit Insurance Act shall apply
for purposes of this paragraph.''; and
(2) in subsection (k)--
(A) by striking ``section--'' and inserting ``section, the
following definitions shall apply:'';
(B) by striking paragraph (1);
(C) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(D) by adding at the end the following new paragraphs:
``(3) Insured depository institution.--The term `insured
depository institution' has the same meaning as in section 3
of the Federal Deposit Insurance Act
``(4) Deposit terms.--
``(A) BIF-assessable deposits.--The term `BIF-assessable
deposit' means a deposit that is subject to assessment for
purposes of the Bank Insurance Fund under the Federal Deposit
Insurance Act (including a deposit that is treated as a
deposit insured by the Bank Insurance Fund under section
5(d)(3) of the Federal Deposit Insurance Act).
``(B) SAIF-assessable deposit.--The term `SAIF-assessable
deposit' has the meaning given to such term in section 2710
of the Deposit Insurance Funds Act of 1996.''.
(b) Conforming Amendment.--Section 7(b)(2) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended by
striking subparagraph (D).
(c) Effective Date.--
(1) In general.--Subsections (a) and (c) and the amendments
made by such subsections shall apply with respect to
semiannual periods which begin after December 31, 1996.
(2) Termination of certain assessment rates.--Subparagraph
(A) of section 21(f)(2) of the Federal Home Loan Bank Act (as
amended by subsection (a)) shall not apply after the earlier
of--
(A) December 31, 1999; or
(B) the date as of which the last savings association
ceases to exist.
(d) Prohibition on Deposit Shifting.--
(1) In general.--Effective as of the date of the enactment
of this Act and ending on the date provided in subsection
(c)(2) of this section, the Comptroller of the Currency, the
Board of Directors of the Federal Deposit Insurance
Corporation, the Board of Governors of the Federal Reserve
System, and the Director of the Office of Thrift Supervision
shall take appropriate actions, including enforcement
actions, denial of applications, or imposition of entrance
and exit fees as if such transactions qualified as conversion
transactions pursuant to section 5(d) of the Federal Deposit
Insurance Act, to prevent insured depository institutions and
depository institution holding companies from facilitating or
encouraging the shifting of deposits from SAIF-assessable
deposits to BIF-assessable deposits (as defined in section
21(k) of the Federal Home Loan Bank Act) for the purpose of
evading the assessments imposed on insured depository
institutions with respect to SAIF-assessable deposits under
section 7(b) of the Federal Deposit Insurance Act and section
21(f)(2) of the Federal Home Loan Bank Act.
(2) Regulations.--The Board of Directors of the Federal
Deposit Insurance Corporation may issue regulations,
including regulations defining terms used in paragraph (1),
to prevent the shifting of deposits described in such
paragraph.
(3) Rule of construction.--No provision of this subsection
shall be construed as prohibiting conduct or activity of any
insured depository institution which--
(A) is undertaken in the ordinary course of business of
such depository institution; and
(B) is not directed towards the depositors of an insured
depository institution affiliate (as defined in section 2(k)
of the Bank Holding Company Act of 1956) of such depository
institution.
SEC. 2704. MERGER OF BIF AND SAIF.
(a) In General.--
(1) Merger.--The Bank Insurance Fund and the Savings
Association Insurance Fund shall be merged into the Deposit
Insurance Fund established by section 11(a)(4) of the Federal
Deposit Insurance Act, as amended by this section.
(2) Disposition of assets and liabilities.--All assets and
liabilities of the Bank Insurance Fund and the Savings
Association Insurance Fund shall be transferred to the
Deposit Insurance Fund.
(3) No separate existence.--The separate existence of the
Bank Insurance Fund and the Savings Association Insurance
Fund shall cease.
(b) Special Reserve of the Deposit Insurance Fund.--
(1) In general.--Immediately before the merger of the Bank
Insurance Fund and the Savings Association Insurance Fund, if
the reserve ratio of the Savings Association Insurance Fund
exceeds the designated reserve ratio, the amount by which
that reserve ratio exceeds the designated reserve ratio shall
be placed in the Special Reserve of the Deposit Insurance
Fund, established under section 11(a)(5) of the Federal
Deposit Insurance Act, as amended by this section.
(2) Definition.--For purposes of this subsection, the term
``reserve ratio'' means the ratio of the net worth of the
Savings Association Insurance Fund to the aggregate estimated
amount of deposits insured by the Savings Association
Insurance Fund.
(c) Effective Date.--This section and the amendments made
by this section shall become effective on January 1, 1999, if
no insured depository institution is a savings association on
that date.
(d) Technical and Conforming Amendments.--
(1) Deposit insurance fund.--Section 11(a)(4) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is
amended--
(A) by redesignating subparagraph (B) as subparagraph (C);
(B) by striking subparagraph (A) and inserting the
following:
``(A) Establishment.--There is established the Deposit
Insurance Fund, which the Corporation shall--
``(i) maintain and administer;
``(ii) use to carry out its insurance purposes in the
manner provided by this subsection; and
``(iii) invest in accordance with section 13(a).
``(B) Uses.--The Deposit Insurance Fund shall be available
to the Corporation for use with respect to Deposit Insurance
Fund members.''; and
(C) by striking ``(4) General provisions relating to
funds.--'' and inserting the following:
``(4) Establishment of the deposit insurance fund.--''.
(2) Other references.--Section 11(a)(4)(C) of the Federal
Deposit Insurance Act (12 U.S.C. 1821(a)(4)(C), as
redesignated by paragraph (1) of this subsection) is amended
by striking ``Bank Insurance Fund and the Savings Association
Insurance Fund'' and inserting ``Deposit Insurance Fund''.
(3) Deposits into fund.--Section 11(a)(4) of the Federal
Deposit Insurance Act (12 U.S.C. 1821(a)(4)) is amended by
adding at the end the following new subparagraph:
``(D) Deposits.--All amounts assessed against insured
depository institutions by the Corporation shall be deposited
in the Deposit Insurance Fund.''.
(4) Special reserve of deposits.--Section 11(a)(5) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(a)(5)) is
amended to read as follows:
``(5) Special reserve of deposit insurance fund.--
``(A) Establishment.--
``(i) In general.--There is established a Special Reserve
of the Deposit Insurance Fund, which shall be administered by
the Corporation and shall be invested in accordance with
section 13(a).
``(ii) Limitation.--The Corporation shall not provide any
assessment credit, refund, or other payment from any amount
in the Special Reserve.
``(B) Emergency use of special reserve.--Notwithstanding
subparagraph (A)(ii), the Corporation may, in its sole
discretion, transfer amounts from the Special Reserve to the
Deposit Insurance Fund, for the purposes set forth in
paragraph (4), only if--
``(i) the reserve ratio of the Deposit Insurance Fund is
less than 50 percent of the designated reserve ratio; and
``(ii) the Corporation expects the reserve ratio of the
Deposit Insurance Fund to remain at less than 50 percent of
the designated reserve ratio for each of the next 4 calendar
quarters.
``(C) Exclusion of special reserve in calculating reserve
ratio.--Notwithstanding any other provision of law, any
amounts in the Special Reserve shall be excluded in
calculating the reserve ratio of the Deposit Insurance Fund
under section 7.''.
(5) Federal home loan bank act.--Section 21B(f)(2)(C)(ii)
of the Federal Home Loan Bank Act (12 U.S.C.
1441b(f)(2)(C)(ii)) is amended--
(A) in subclause (I), by striking ``to Savings Associations
Insurance Fund members'' and inserting ``to insured
depository institutions, and their successors, which were
Savings Association Insurance Fund members on September 1,
1995''; and
(B) in subclause (II), by striking ``to Savings
Associations Insurance Fund members'' and inserting ``to
insured depository institu
[[Page 2607]]
tions, and their successors, which were Savings Association
Insurance Fund members on September 1, 1995''.
(6) Repeals.--
(A) Section 3.--Section 3(y) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(y)) is amended to read as
follows:
``(y) Definitions Relating to the Deposit Insurance Fund.--
``(1) Deposit insurance fund.--The term `Deposit Insurance
Fund' means the fund established under section 11(a)(4).
``(2) Reserve ratio.--The term `reserve ratio' means the
ratio of the net worth of the Deposit Insurance Fund to
aggregate estimated insured deposits held in all insured
depository institutions.
``(3) Designated reserve ratio.--The designated reserve
ratio of the Deposit Insurance Fund for each year shall be--
``(A) 1.25 percent of estimated insured deposits; or
``(B) a higher percentage of estimated insured deposits
that the Board of Directors determines to be justified for
that year by circumstances raising a significant risk of
substantial future losses to the fund.
(B) Section 7.--Section 7 of the Federal Deposit Insurance
Act (12 U.S.C. 1817) is amended--
(i) by striking subsection (l);
(ii) by redesignating subsections (m) and (n) as
subsections (l) and (m), respectively;
(iii) in subsection (b)(2), by striking subparagraphs (B)
and (F), and by redesignating subparagraphs (C), (E), (G),
and (H) as subparagraphs (B) through (E), respectively.
(C) Section 11.--Section 11(a) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)) is amended--
(i) by striking paragraphs (6) and (7); and
(ii) by redesignating paragraph (8) as paragraph (6).
(7) Section 5136 of the revised statutes.--The paragraph
designated the ``Eleventh'' of section 5136 of the Revised
Statutes of the United States (12 U.S.C. 24) is amended in
the 5th sentence, by striking ``affected deposit insurance
fund'' and inserting ``Deposit Insurance Fund''.
(8) Investments promoting public welfare; limitations on
aggregate investments.--The 23d undesignated paragraph of
section 9 of the Federal Reserve Act (12 U.S.C. 338a) is
amended in the 4th sentence, by striking ``affected deposit
insurance fund'' and inserting ``Deposit Insurance Fund''.
(9) Advances to critically undercapitalized depository
institutions.--Section 10B(b)(3)(A)(ii) of the Federal
Reserve Act (12 U.S.C. 347b(b)(3)(A)(ii)) is amended by
striking ``any deposit insurance fund in'' and inserting
``the Deposit Insurance Fund of''.
(10) Amendments to the balanced budget and emergency
deficit control act of 1985.--Section 255(g)(1)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 905(g)(1)(A)) is amended--
(A) by striking ``Bank Insurance Fund'' and inserting
``Deposit Insurance Fund''; and
(B) by striking ``Federal Deposit Insurance Corporation,
Savings Association Insurance Fund;''.
(11) Further amendments to the federal home loan bank
act.--The Federal Home Loan Bank Act (12 U.S.C. 1421 et seq.)
is amended--
(A) in section 11(k) (12 U.S.C. 1431(k))--
(i) in the subsection heading, by striking ``SAIF'' and
inserting ``the Deposit Insurance Fund''; and
(ii) by striking ``Savings Association Insurance Fund''
each place such term appears and inserting ``Deposit
Insurance Fund'';
(B) in section 21A(b)(4)(B) (12 U.S.C. 1441a(b)(4)(B)), by
striking ``affected deposit insurance fund'' and inserting
``Deposit Insurance Fund'';
(C) in section 21A(b)(6)(B) (12 U.S.C. 1441a(b)(6)(B))--
(i) in the subparagraph heading, by striking ``SAIF-insured
banks'' and inserting ``Charter conversions''; and
(ii) by striking ``Savings Association Insurance Fund
member'' and inserting ``savings association'';
(D) in section 21A(b)(10)(A)(iv)(II) (12 U.S.C.
1441a(b)(10)(A)(iv)(II)), by striking ``Savings Association
Insurance Fund'' and inserting ``Deposit Insurance Fund'';
(E) in section 21B(e) (12 U.S.C. 1441b(e))--
(i) in paragraph (5), by inserting ``as of the date of
funding'' after ``Savings Association Insurance Fund
members'' each place such term appears;
(ii) by striking paragraph (7); and
(iii) by redesignating paragraph (8) as paragraph (7); and
(F) in section 21B(k) (12 U.S.C. 1441b(k))--
(i) by striking paragraph (8); and
(ii) by redesignating paragraphs (9) and (10) as paragraphs
(8) and (9), respectively.
(12) Amendments to the home owners' loan act.--The Home
Owners' Loan Act (12 U.S.C. 1461 et seq.) is amended--
(A) in section 5--
(i) in subsection (c)(5)(A), by striking ``that is a member
of the Bank Insurance Fund'';
(ii) in subsection (c)(6), by striking ``As used in this
subsection--'' and inserting ``For purposes of this
subsection, the following definitions shall apply:'';
(iii) in subsection (o)(1), by striking ``that is a Bank
Insurance Fund member'';
(iv) in subsection (o)(2)(A), by striking ``a Bank
Insurance Fund member until such time as it changes its
status to a Savings Association Insurance Fund member'' and
inserting ``insured by the Deposit Insurance Fund'';
(v) in subsection (t)(5)(D)(iii)(II), by striking
``affected deposit insurance fund'' and inserting ``Deposit
Insurance Fund'';
(vi) in subsection (t)(7)(C)(i)(I), by striking ``affected
deposit insurance fund'' and inserting ``Deposit Insurance
Fund''; and
(vii) in subsection (v)(2)(A)(i), by striking ``, the
Savings Association Insurance Fund'' and inserting ``or the
Deposit Insurance Fund''; and
(B) in section 10--
(i) in subsection (e)(1)(A)(iii)(VII), by adding ``or'' at
the end;
(ii) in subsection (e)(1)(A)(iv), by adding ``and'' at the
end;
(iii) in subsection (e)(1)(B), by striking ``Savings
Association Insurance Fund or Bank Insurance Fund'' and
inserting ``Deposit Insurance Fund'';
(iv) in subsection (e)(2), by striking ``Savings
Association Insurance Fund or the Bank Insurance Fund'' and
inserting ``Deposit Insurance Fund''; and
(v) in subsection (m)(3), by striking subparagraph (E), and
by redesignating subparagraphs (F), (G), and (H) as
subparagraphs (E), (F), and (G), respectively.
(13) Amendments to the national housing act.--The National
Housing Act (12 U.S.C. 1701 et seq.) is amended--
(A) in section 317(b)(1)(B) (12 U.S.C. 1723i(b)(1)(B)), by
striking ``Bank Insurance Fund for banks or through the
Savings Association Insurance Fund for savings associations''
and inserting ``Deposit Insurance Fund''; and
(B) in section 526(b)(1)(B)(ii) (12 U.S.C. 1735f-
14(b)(1)(B)(ii)), by striking ``Bank Insurance Fund for banks
and through the Savings Association Insurance Fund for
savings associations'' and inserting ``Deposit Insurance
Fund''.
(14) Further amendments to the federal deposit insurance
act.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et
seq.) is amended--
(A) in section 3(a)(1) (12 U.S.C. 1813(a)(1)), by striking
subparagraph (B) and inserting the following:
``(B) includes any former savings association.'';
(B) in section 5(b)(5) (12 U.S.C. 1815(b)(5)), by striking
``the Bank Insurance Fund or the Savings Association
Insurance Fund;'' and inserting ``Deposit Insurance Fund,'';
(C) in section 5(d) (12 U.S.C. 1815(d)), by striking
paragraphs (2) and (3);
(D) in section 5(d)(1) (12 U.S.C. 1815(d)(1))--
(i) in subparagraph (A), by striking ``reserve ratios in
the Bank Insurance Fund and the Savings Association Insurance
Fund'' and inserting ``the reserve ratio of the Deposit
Insurance Fund'';
(ii) by striking subparagraph (B) and inserting the
following:
``(2) Fee credited to the deposit insurance fund.--The fee
paid by the depository institution under paragraph (1) shall
be credited to the Deposit Insurance Fund.'';
(iii) by striking ``(1) Uninsured institutions.--''; and
(iv) by redesignating subparagraphs (A) and (C) as
paragraphs (1) and (3), respectively, and moving the margins
2 ems to the left;
(E) in section 5(e) (12 U.S.C. 1815(e))--
(i) in paragraph (5)(A), by striking ``Bank Insurance Fund
or the Savings Association Insurance Fund'' and inserting
``Deposit Insurance Fund'';
(ii) by striking paragraph (6); and
(iii) by redesignating paragraphs (7), (8), and (9) as
paragraphs (6), (7), and (8), respectively;
(F) in section 6(5) (12 U.S.C. 1816(5)), by striking ``Bank
Insurance Fund or the Savings Association Insurance Fund''
and inserting ``Deposit Insurance Fund'';
(G) in section 7(b) (12 U.S.C. 1817(b))--
(i) in paragraph (1)(D), by striking ``each deposit
insurance fund'' and inserting ``the Deposit Insurance
Fund'';
(ii) in clauses (i)(I) and (iv) of paragraph (2)(A), by
striking ``each deposit insurance fund'' each place such term
appears and inserting ``the Deposit Insurance Fund'';
(iii) in paragraph (2)(A)(iii), by striking ``a deposit
insurance fund'' and inserting ``the Deposit Insurance
Fund'';
(iv) by striking clause (iv) of paragraph (2)(A);
(v) in paragraph (2)(C) (as redesignated by paragraph
(6)(B) of this subsection)--
(I) by striking ``any deposit insurance fund'' and
inserting ``the Deposit Insurance Fund''; and
(II) by striking ``that fund'' each place such term appears
and inserting ``the Deposit Insurance Fund'';
(vi) in paragraph (2)(D) (as redesignated by paragraph
(6)(B) of this subsection)--
(I) in the subparagraph heading, by striking ``funds
achieve'' and inserting ``fund achieves''; and
(II) by striking ``a deposit insurance fund'' and inserting
``the Deposit Insurance Fund'';
(vii) in paragraph (3)--
(I) in the paragraph heading, by striking ``funds'' and
inserting ``fund'';
(II) by striking ``members of that fund'' where such term
appears in the portion of subparagraph (A) which precedes
clause (i) of such subparagraph and inserting ``insured
depository institutions'';
(III) by striking ``that fund'' each place such term
appears (other than in connection with term amended in
subclause (II) of this clause) and inserting ``the Deposit
Insurance Fund'';
(IV) in subparagraph (A), by striking ``Except as provided
in paragraph (2)(F), if'' and inserting ``If'';
(V) in subparagraph (A), by striking ``any deposit
insurance fund'' and inserting ``the Deposit Insurance
Fund''; and
[[Page 2608]]
(VI) by striking subparagraphs (C) and (D) and inserting
the following:
``(C) Amending schedule.--The Corporation may, by
regulation, amend a schedule prescribed under subparagraph
(B).''; and
(viii) in paragraph (6)--
(I) by striking ``any such assessment'' and inserting ``any
such assessment is necessary'';
(II) by striking ``(A) is necessary--'';
(III) by striking subparagraph (B);
(IV) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and moving the
margins 2 ems to the left; and
(V) in subparagraph (C) (as redesignated), by striking ``;
and'' and inserting a period;
(H) in section 11(f)(1) (12 U.S.C. 1821(f)(1)), by striking
``, except that--'' and all that follows through the end of
the paragraph and inserting a period;
(I) in section 11(i)(3) (12 U.S.C. 1821(i)(3))--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) in subparagraph (B) (as redesignated), by striking
``subparagraphs (A) and (B)'' and inserting ``subparagraph
(A)'';
(J) in section 11A(a) (12 U.S.C. 1821a(a))--
(i) in paragraph (2), by striking ``liabilities.--'' and
all that follows through ``Except'' and inserting
``liabilities.--Except'';
(ii) by striking paragraph (2)(B); and
(iii) in paragraph (3), by striking ``the Bank Insurance
Fund, the Savings Association Insurance Fund,'' and inserting
``the Deposit Insurance Fund'';
(K) in section 11A(b) (12 U.S.C. 1821a(b)), by striking
paragraph (4);
(L) in section 11A(f) (12 U.S.C. 1821a(f)), by striking
``Savings Association Insurance Fund'' and inserting
``Deposit Insurance Fund'';
(M) in section 13 (12 U.S.C. 1823)--
(i) in subsection (a)(1), by striking ``Bank Insurance
Fund, the Savings Association Insurance Fund,'' and inserting
``Deposit Insurance Fund, the Special Reserve of the Deposit
Insurance Fund,'';
(ii) in subsection (c)(4)(E)--
(I) in the subparagraph heading, by striking ``funds'' and
inserting ``fund''; and
(II) in clause (i), by striking ``any insurance fund'' and
inserting ``the Deposit Insurance Fund'';
(iii) in subsection (c)(4)(G)(ii)--
(I) by striking ``appropriate insurance fund'' and
inserting ``Deposit Insurance Fund'';
(II) by striking ``the members of the insurance fund (of
which such institution is a member)'' and inserting ``insured
depository institutions'';
(III) by striking ``each member's'' and inserting ``each
insured depository institution's''; and
(IV) by striking ``the member's'' each place such term
appears and inserting ``the institution's'';
(iv) in subsection (c), by striking paragraph (11);
(v) in subsection (h), by striking ``Bank Insurance Fund''
and inserting ``Deposit Insurance Fund'';
(vi) in subsection (k)(4)(B)(i), by striking ``Savings
Association Insurance Fund'' and inserting ``Deposit
Insurance Fund''; and
(vii) in subsection (k)(5)(A), by striking ``Savings
Association Insurance Fund'' and inserting ``Deposit
Insurance Fund'';
(N) in section 14(a) (12 U.S.C. 1824(a)) in the 5th
sentence--
(i) by striking ``Bank Insurance Fund or the Savings
Association Insurance Fund'' and inserting ``Deposit
Insurance Fund''; and
(ii) by striking ``each such fund'' and inserting ``the
Deposit Insurance Fund'';
(O) in section 14(b) (12 U.S.C. 1824(b)), by striking
``Bank Insurance Fund or Savings Association Insurance Fund''
and inserting ``Deposit Insurance Fund'';
(P) in section 14(c) (12 U.S.C. 1824(c)), by striking
paragraph (3);
(Q) in section 14(d) (12 U.S.C. 1824(d))--
(i) by striking ``BIF'' each place such term appears and
inserting ``DIF''; and
(ii) by striking ``Bank Insurance Fund'' each place such
term appears and inserting ``Deposit Insurance Fund'';
(R) in section 15(c)(5) (12 U.S.C. 1825(c)(5))--
(i) by striking ``the Bank Insurance Fund or Savings
Association Insurance Fund, respectively'' each place such
term appears and inserting ``the Deposit Insurance Fund'';
and
(ii) in subparagraph (B), by striking ``the Bank Insurance
Fund or the Savings Association Insurance Fund,
respectively'' and inserting ``the Deposit Insurance Fund'';
(S) in section 17(a) (12 U.S.C. 1827(a))--
(i) in the subsection heading, by striking ``BIF, SAIF,''
and inserting ``the Deposit Insurance Fund''; and
(ii) in paragraph (1), by striking ``the Bank Insurance
Fund, the Savings Association Insurance Fund,'' each place
such term appears and inserting ``the Deposit Insurance
Fund'';
(T) in section 17(d) (12 U.S.C. 1827(d)), by striking ``the
Bank Insurance Fund, the Savings Association Insurance
Fund,'' each place such term appears and inserting ``the
Deposit Insurance Fund'';
(U) in section 18(m)(3) (12 U.S.C. 1828(m)(3))--
(i) by striking ``Savings Association Insurance Fund'' each
place such term appears and inserting ``Deposit Insurance
Fund''; and
(ii) in subparagraph (C), by striking ``or the Bank
Insurance Fund'';
(V) in section 18(p) (12 U.S.C. 1828(p)), by striking
``deposit insurance funds'' and inserting ``Deposit Insurance
Fund'';
(W) in section 24 (12 U.S.C. 1831a) in subsections (a)(1)
and (d)(1)(A), by striking ``appropriate deposit insurance
fund'' each place such term appears and inserting ``Deposit
Insurance Fund'';
(X) in section 28 (12 U.S.C. 1831e), by striking ``affected
deposit insurance fund'' each place such term appears and
inserting ``Deposit Insurance Fund'';
(Y) by striking section 31 (12 U.S.C. 1831h);
(Z) in section 36(i)(3) (12 U.S.C. 1831m(i)(3)) by striking
``affected deposit insurance fund'' and inserting ``Deposit
Insurance Fund'';
(AA) in section 38(a) (12 U.S.C. 1831o(a)) in the
subsection heading, by striking ``Funds'' and inserting
``Fund'';
(BB) in section 38(k) (12 U.S.C. 1831o(k))--
(i) in paragraph (1), by striking ``a deposit insurance
fund'' and inserting ``the Deposit Insurance Fund''; and
(ii) in paragraph (2)(A)--
(I) by striking ``A deposit insurance fund'' and inserting
``The Deposit Insurance Fund''; and
(II) by striking ``the deposit insurance fund's outlays''
and inserting ``the outlays of the Deposit Insurance Fund'';
and
(CC) in section 38(o) (12 U.S.C. 1831o(o))--
(i) by striking ``Associations.--'' and all that follows
through ``Subsections (e)(2)'' and inserting
``Associations.--Subsections (e)(2)'';
(ii) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and moving the
margins 2 ems to the left; and
(iii) in paragraph (1) (as redesignated), by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and moving the margins 2 ems to the left.
(15) Amendments to the financial institutions reform,
recovery, and enforcement act of 1989.--The Financial
Institutions Reform, Recovery, and Enforcement Act is
amended--
(A) in section 951(b)(3)(B) (12 U.S.C. 1833a(b)(3)(B)), by
striking ``Bank Insurance Fund, the Savings Association
Insurance Fund,'' and inserting ``Deposit Insurance Fund'';
and
(B) in section 1112(c)(1)(B) (12 U.S.C. 3341(c)(1)(B)), by
striking ``Bank Insurance Fund, the Savings Association
Insurance Fund,'' and inserting ``Deposit Insurance Fund''.
(16) Amendment to the bank enterprise act of 1991.--Section
232(a)(1) of the Bank Enterprise Act of 1991 (12 U.S.C.
1834(a)(1)) is amended by striking ``section 7(b)(2)(H)'' and
inserting ``section 7(b)(2)(G)''.
(17) Amendment to the bank holding company act of 1956.--
Section 2(j)(2) of the Bank Holding Company Act of 1956 (12
U.S.C. 1841(j)(2)) is amended by striking ``Savings
Association Insurance Fund'' and inserting ``Deposit
Insurance Fund''.
SEC. 2705. CREATION OF SAIF SPECIAL RESERVE.
Section 11(a)(6) of the Federal Deposit Insurance Act (12
U.S.C. 1821(a)(6)) is amended by adding at the end the
following new subparagraph:
``(L) Establishment of saif special reserve.--
``(i) Establishment.--If, on January 1, 1999, the reserve
ratio of the Savings Association Insurance Fund exceeds the
designated reserve ratio, there is established a Special
Reserve of the Savings Association Insurance Fund, which
shall be administered by the Corporation and shall be
invested in accordance with section 13(a).
``(ii) Amounts in special reserve.--If, on January 1, 1999,
the reserve ratio of the Savings Association Insurance Fund
exceeds the designated reserve ratio, the amount by which the
reserve ratio exceeds the designated reserve ratio shall be
placed in the Special Reserve of the Savings Association
Insurance Fund established by clause (i).
``(iii) Limitation.--The Corporation shall not provide any
assessment credit, refund, or other payment from any amount
in the Special Reserve of the Savings Association Insurance
Fund.
``(iv) Emergency use of special reserve.--Notwithstanding
clause (iii), the Corporation may, in its sole discretion,
transfer amounts from the Special Reserve of the Savings
Association Insurance Fund to the Savings Association
Insurance Fund for the purposes set forth in paragraph (4),
only if--
``(I) the reserve ratio of the Savings Association
Insurance Fund is less than 50 percent of the designated
reserve ratio; and
``(II) the Corporation expects the reserve ratio of the
Savings Association Insurance Fund to remain at less than 50
percent of the designated reserve ratio for each of the next
4 calendar quarters.
``(v) Exclusion of special reserve in calculating reserve
ratio.--Notwithstanding any other provision of law, any
amounts in the Special Reserve of the Savings Association
Insurance Fund shall be excluded in calculating the reserve
ratio of the Savings Association Insurance Fund.''.
SEC. 2706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE FUND IN
EXCESS OF DESIGNATED RESERVE AMOUNT.
Subsection (e) of section 7 of the Federal Deposit
Insurance Act (12 U.S.C. 1817(e)) is amended to read as
follows:
``(e) Refunds.--
``(1) Overpayments.--In the case of any payment of an
assessment by an insured depository institution in excess of
the amount due to the Corporation, the Corporation may--
``(A) refund the amount of the excess payment to the
insured depository institution; or
[[Page 2609]]
``(B) credit such excess amount toward the payment of
subsequent semiannual assessments until such credit is
exhausted.
``(2) Balance in insurance fund in excess of designated
reserve.--
``(A) In general.--Subject to subparagraphs (B) and (C),
if, as of the end of any semiannual assessment period
beginning after the date of the enactment of the Deposit
Insurance Funds Act of 1996, the amount of the actual
reserves in--
``(i) the Bank Insurance Fund (until the merger of such
fund into the Deposit Insurance Fund pursuant to section 2704
of the Deposit Insurance Funds Act of 1996); or
``(ii) the Deposit Insurance Fund (after the establishment
of such fund),
exceeds the balance required to meet the designated reserve
ratio applicable with respect to such fund, such excess
amount shall be refunded to insured depository institutions
by the Corporation on such basis as the Board of Directors
determines to be appropriate, taking into account the factors
considered under the risk-based assessment system.
``(B) Refund not to exceed previous semiannual
assessment.--The amount of any refund under this paragraph to
any member of a deposit insurance fund for any semiannual
assessment period may not exceed the total amount of
assessments paid by such member to the insurance fund with
respect to such period.
``(C) Refund limitation for certain institutions.--No
refund may be made under this paragraph with respect to the
amount of any assessment paid for any semiannual assessment
period by any insured depository institution described in
clause (v) of subsection (b)(2)(A).''.
SEC. 2707. ASSESSMENT RATES FOR SAIF MEMBERS MAY NOT BE LESS
THAN ASSESSMENT RATES FOR BIF MEMBERS.
Section 7(b)(2)(C) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(E), as redesignated by section 2704(d)(6)
of this subtitle) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) notwithstanding any other provision of this
subsection, during the period beginning on the date of
enactment of the Deposit Insurance Funds Act of 1996, and
ending on December 31, 1998, the assessment rate for a
Savings Association Insurance Fund member may not be less
than the assessment rate for a Bank Insurance Fund member
that poses a comparable risk to the deposit insurance
fund.''.
SEC. 2708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED TO MAINTAIN
THE RESERVE RATIO OF A DEPOSIT INSURANCE FUND.
(a) In General.--Section 7(b)(2)(A)(i) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(i)) is amended
in the matter preceding subclause (I) by inserting ``when
necessary, and only to the extent necessary'' after ``insured
depository institutions''.
(b) Limitation on Assessment.--Section 7(b)(2)(A)(iii) of
the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)(A)(iii)) is amended to read as follows:
``(iii) Limitation on assessment.--Except as provided in
clause (v), the Board of Directors shall not set semiannual
assessments with respect to a deposit insurance fund in
excess of the amount needed--
``(I) to maintain the reserve ratio of the fund at the
designated reserve ratio; or
``(II) if the reserve ratio is less than the designated
reserve ratio, to increase the reserve ratio to the
designated reserve ratio.''.
(c) Exception to Limitation on Assessments.--Section
7(b)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)(A)) is amended by adding at the end the following
new clause:
``(v) Exception to limitation on assessments.--The Board of
Directors may set semiannual assessments in excess of the
amount permitted under clauses (i) and (iii) with respect to
insured depository institutions that exhibit financial,
operational, or compliance weaknesses ranging from moderately
severe to unsatisfactory, or are not well capitalized, as
that term is defined in section 38.''.
SEC. 2709. TREASURY STUDY OF COMMON DEPOSITORY INSTITUTION
CHARTER.
(a) Study Required.--The Secretary of the Treasury shall
conduct a study of all issues which the Secretary considers
to be relevant with respect to the development of a common
charter for all insured depository institutions (as defined
in section 3 of the Federal Deposit Insurance Act) and the
abolition of separate and distinct charters between banks and
savings associations.
(b) Report to the Congress.--
(1) In general.--The Secretary of the Treasury shall submit
a report to the Congress on or before March 31, 1997,
containing the findings and conclusions of the Secretary in
connection with the study conducted pursuant to subsection
(a).
(2) Detailed analysis and recommendations.--The report
under paragraph (1) shall include--
(A) a detailed analysis of each issue the Secretary
considered relevant to the subject of the study;
(B) recommendations of the Secretary with regard to the
establishment of a common charter for insured depository
institutions (as defined in section 3 of the Federal Deposit
Insurance Act); and
(C) such recommendations for legislative and administrative
action as the Secretary determines to be appropriate to
implement the recommendations of the Secretary under
subparagraph (B).
SEC. 2710. DEFINITIONS.
For purposes of this subtitle, the following definitions
shall apply:
(1) Bank insurance fund.--The term ``Bank Insurance Fund''
means the fund established pursuant to section (11)(a)(5)(A)
of the Federal Deposit Insurance Act, as that section existed
on the day before the date of enactment of this Act.
(2) BIF member, saif member.--The terms ``Bank Insurance
Fund member'' and ``Savings Association Insurance Fund
member'' have the same meanings as in section 7(l) of the
Federal Deposit Insurance Act.
(3) Various banking terms.--The terms ``bank'', ``Board of
Directors'', ``Corporation'', ``deposit'', ``insured
depository institution'', ``Federal savings association'',
``savings association'', ``State savings bank'', and ``State
depository institution'' have the same meanings as in section
3 of the Federal Deposit Insurance Act.
(4) Deposit insurance fund.--The term ``Deposit Insurance
Fund'' means the fund established under section 11(a)(4) of
the Federal Deposit Insurance Act (as amended by section
2704(d) of this subtitle).
(5) Depository institution holding company.--The term
``depository institution holding company'' has the same
meaning as in section 3 of the Federal Deposit Insurance Act.
(6) Designated reserve ratio.--The term ``designated
reserve ratio'' has the same meaning as in section
7(b)(2)(A)(iv) of the Federal Deposit Insurance Act.
(7) SAIF.--The term ``Savings Association Insurance Fund''
means the fund established pursuant to section 11(a)(6)(A) of
the Federal Deposit Insurance Act, as that section existed on
the day before the date of enactment of this Act.
(8) SAIF-assessable deposit.--The term ``SAIF-assessable
deposit''--
(A) means a deposit that is subject to assessment for
purposes of the Savings Association Insurance Fund under the
Federal Deposit Insurance Act (including a deposit that is
treated as insured by the Savings Association Insurance Fund
under section 5(d)(3) of the Federal Deposit Insurance Act);
and
(B) includes any deposit described in subparagraph (A)
which is assumed after March 31, 1995, if the insured
depository institution, the deposits of which are assumed, is
not an insured depository institution when the special
assessment is imposed under section 2702(a).
SEC. 2711. DEDUCTION FOR SPECIAL ASSESSMENTS.
For purposes of subtitle A of the Internal Revenue Code of
1986--
(1) the amount allowed as a deduction under section 162 of
such Code for a taxable year shall include any amount paid
during such year by reason of an assessment under section
2702 of this subtitle, and
(2) section 172(f) of such Code shall not apply to any
deduction described in paragraph (1).
TITLE III--SPECTRUM ALLOCATION PROVISIONS
SEC. 3001. COMPETITIVE BIDDING FOR SPECTRUM.
(a) Commission Obligation To Make Additional Spectrum
Available.--The Federal Communications Commission shall--
(1) reallocate the use of frequencies at 2305-2320
megahertz and 2345-2360 megahertz to wireless services that
are consistent with international agreement concerning
spectrum allocations: and
(2) assign the use of such frequencies by competitive
bidding pursuant to section 309(j) of the Communications Act
of 1934 (47 U.S.C. 309(j)).
(b) Additional Requirements.--In making the bands of
frequencies described in subsection (a) available for
competitive bidding, the Commission shall--
(1) seek to promote the most efficient use of the spectrum:
and
(2) take into account the needs of public safety radio
services.
(c) Expedited Procedures.--The Commission shall commence
the competitive bidding for the assignment of the frequencies
described in subsection (a)(1) no later than April 15, 1997.
The rule governing such frequencies shall be effective
immediately upon publication in the Federal Register
notwithstanding section 553(d). 801(a)(3). and 806(a) of
title 5. United States Code. Chapter 6 of such title, and
sections 3507 and 3512 of title 44. United States Code, shall
not apply to the rules and competitive bidding procedures
governing such frequencies. Notwithstanding section 309(b) of
the Communications Act of 1934 (47 U.S.C. 309(b)), no
application for an instrument of authorization for such
frequencies shall be granted by the Commission earlier than 7
days following issuance of public notice by the Commission of
the acceptance for filing of such application or of any
substantial amendment thereto. Notwithstanding section
309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission
may specify a period (no less than 5 days following issuance
of such public notice) for the filing of petitions to deny
any application for an instrument of authorization for such
frequencies.
(d) Deadline for Collection.--The Commission shall conduct
the competitive bidding under subsection (a)(2) in a manner
that ensures that all proceeds of the bidding are
[[Page 2610]]
deposited in accordance with section 309(j)(8) of the
Communications Act of 1934 not later September 30, 1997.
TITLE IV--ADJUSTMENT OF PAYCO BALANCES
SEC. 4001. ADJUSTMENT OF PAYGO BALANCES.
For purpose of section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985, on the calendar day
after the Director of the Office of Management and budget
issues the final sequestration report for fiscal year 1997,
the Director and the Director of the Congressional Budget
Office shall change the balances (as computed pursuant to
section 252(b) of that Act) of direct spending and receipts
legislation--
(1) for fiscal year 1997 to zero if such balance for the
fiscal year is not an increase in the deficit.
TITLE V--ADDITIONAL APPROPRIATIONS
CHAPTER 1--DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
Department of Agriculture
cooperative state research, education, and extension service
extension activities
For an additional amount for payments for cooperative
extension work by the colleges receiving the benefits of the
second Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee
University, $753,000.
natural resources conservation service
watershed and flood prevention operations
For an additional amount to repair damages to the waterways
and watersheds resulting from the effects of Hurricanes Fran
and Hortense and other natural disasters, $63,000,000, to
remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
farm service agency
emergency conservation program
For an additional amount for emergency expenses resulting
from the effects of Hurricanes Fran and Hortense and other
natural disasters, $25,000,000, to remain available until
expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 2
DISTRICT OF COLUMBIA
education facilities improvement in the district of columbia
(by transfer)
Sec. 5201. The District of Columbia Financial
Responsibility and Management Assistance Authority (referred
to in this section as the ``Authority'') shall have the
authority to contract with a private entity (or entities) to
carry out a program of school facility repair of public
schools and public charter schools located in public school
facilities in the District of Columbia, in consultation with
the General Services Administration: Provided, That an amount
estimated to be $40,700,000 is hereby transferred and
otherwise made available to the Authority until expended for
contracting as provided under this section, to be derived
from transfers and reallocations as follows: (1) funds made
available under the heading ``PUBLIC EDUCATION SYSTEM'' in
Public Law 104-194 for school repairs in a restricted line
item; (2) all capital financing authority made available from
public school capital improvements in Public Law 104-194; and
(3) all capital financing authority made available for public
school capital improvements which are or remain available
from Public Law 104-134 or any previous appropriations Act
for the District of Columbia: Provided further, That the
General Services Administration, in consultation with the
District of Columbia Public Schools and the District of
Columbia Council and subject to the approval of the Authority
and the Committees on Appropriations of the Senate and the
House of Representatives, shall provide program management
services to assist in the short-term management of the
repairs and capital improvements: Provided further, That
contracting authorized under this section shall be conducted
in accordance with Federal procurement rules and regulations
and guidelines or such guidelines as prescribed by the
Authority.
special rules regarding general obligation bond act
Sec. 5202. Waiver of Congressional Review.--Notwithstanding
section 7602(c)(1) of the District of Columbia Self-
Government and Governmental Reorganization Act (sec. 1-
233(c)(1), D.C. Code), the General Obligation Bond Act of
1996 (D.C. Bill 11-840), if enacted by the Council of the
District of Columbia, shall take effect on the date of the
enactment of such Act or the date of the enactment of this
Act, whichever is later.
amendments to financial responsibility and management assistance act
Sec. 5203. (a) Caluculation of 7-Day Review Period for
Council Acts.--Section 203(a)(5) of the District of Columbia
Financial Responsibility and Management Assistance Act of
1995 (sec. 47-392.3(a)(5), D.C. Code) is amended--
(1) by inserting ``(excluding Saturdays, Sundays, and legal
holidays)'' after ``7-day period'' the first place it
appears; and
(2) by striking ``the date the Council submits the Act to
the Authority'' and inserting ``the first day (excluding
Saturdays, Sundays, and legal holidays) after the Authority
receives the Act from the Council''.
(b) Specification of Penalty for Prohibited Acts.--Section
103(i)(1) of such Act (sec. 47-391.3(i)(1), D.C. Code) is
amended by striking the period at the end and inserting the
following: ``, and shall be fined not more than $1,000,
imprisoned for not more than 1 year, or both.''.
(c) Waiver of Privacy Act Requirements for Obtaining
Official Data.--Section 103(c)(1) of such Act (sec. 47-
391.3(c)(1), D.C. Code) is amended by striking ``Act) and
552b'' and inserting ``Act), 552a (the Privacy Act of 1974),
and 552b''.
(d) Permitting Authority review of Rulemaking.--Section
203(b) of such Act (sec. 47-392.3(b), D.C. Code) is amended
by adding at the end the following new paragraph:
``(5) Application to rules and regulations.--The provisions
of this subsection shall apply with respect to a rule or
regulation issued or proposed to be issued by the Mayor (or
the head of any department or agency of the District
government) in the same manner as such provisions apply to a
contract or lease.''.
(e) Deposit of All District Borrowing With Authority.--
(1) IN general.--Section 204 of such Act (sec. 47-392.4,
D.C. Code) is amended--
(A) by redesignating subsections (d) and (e) as subsections
(e) and (f); and
(B) by inserting after subsection (c) the following new
subsection:
``(d) Deposit of Borrowed Funds With Authority.--If the
District government borrows funds during a control year, the
funds shall be deposited into an escrow account held by the
Authority, to be allocated by the Authority to the Mayor at
such intervals and in accordance with such terms and
conditions as it considers appropriate, consistent with the
financial plan and budget for the year and with any other
withholding of funds by the Authority pursuant to this
Act.''.
(2) Conforming amendments.--(A) Section 204(e) of such Act,
as redesignated by paragraph (1)(A), is amended by inserting
after ``(b)(1)'' the following: ``or the escrow account
described in subsection (d)''.
(B) Section 206(d)(1) of such Act is amended by striking
``204(b)'' and inserting ``204(b), section 204(d),''.
(f) Granting Authority Power to Issue General Orders.--
Section 207 of such Act (sec. 47-392.7, D.C. Code) is amended
by adding at the end the following new subsection:
``(d) Additional Power to Issue Orders, Rules, and
Regulations.--
``(1) In general.--In addition to the authority described
in subsection (c), the Authority may at any time issue such
orders, rules, or regulations as it considers appropriate to
carry out the purposes of this Act and the amendments made by
this Act, to the extent that the issuance of such an order,
rule, or regulation is within the authority of the Mayor or
the head of any department or agency of the District
government, and any such order, rule, or regulation shall be
legally binding to the same extent as if issued by the Mayor
or the head of any such department or agency.
``(2) Notification.--Upon issuing an order, rule, or
regulation pursuant to this subsection, the Authority shall
notify the Mayor, the Council, the President, and Congress.
``(3) No judicial review or decision to issue order.--The
decision by the Authority to issue an order, rule, or
regulation pursuant to this subsection shall be final and
shall not be subject to judicial review.''.
Prohibiting Funding for Terminated Employees or Contractors
Sec. 5204. (a) In General.--Except as provided in
subsection (b), none of the funds made available to the
District of Columbia during any fiscal year (beginning with
fiscal year 1996) may be used to pay the salary or wages of
any individual whose employment by the District government is
no longer required as determined by the District of Columbia
Financial Responsibility and Management Assistance Authority,
or to pay any expenses associated with a contractor or
consultant of the District government whose contract or
arrangement with the District government is no longer
required as determined by the Authority.
(b) Exception for Payments for Services Already Provided.--
Funds made available to the District of Columbia may be used
to pay an individual for employment already performed at the
time of the Authority's determination, or to pay a contractor
or consultant for services already provided at the time of
the Authority's determination, to the extent permitted by the
District of Columbia Financial Responsibility and Management
Assistance Authority.
(c) District Government Defined.--In this section, the term
``District government'' has the meaning given such term in
section 305(5) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.
amendments to district of columbia school reform act of 1995
Sec. 5205. (a) Process for Filing Charter Petitions.--
Section 2201 of the District of Columbia School Reform Act of
1995 (Public Law 104-134; 110 Stat. 1321-115) is amended by
adding at the end the following:
``(d) Limitations on Filing.--
``(1) Multiple chartering authorities.--An eligible
applicant may not file the same
[[Page 2611]]
petition to establish a public charter school with more than
1 eligible chartering authority during a calendar year.
``(2) Multiple petitions.--An eligible applicant may not
file more than 1 petition to establish a public charter
school during a calendar year.''.
(b) Contents of Petition.--Section 2202(6)(B) of the
District of Columbia School Reform Act of 1995 (110 Stat.
1321-116) is amended to read as follows:
``(B) either--
``(i)(I) an identification of a facility for the school,
including a description of the site where the school will be
located, any buildings on the site, and any buildings
proposed to be constructed on the site, and (II) information
demonstrating that the eligible applicant has acquired title
to, or otherwise secured the use of, the facility; or
``(ii) a timetable by which an identification described in
clause (i)(I) will be made, and the information described in
clause (i)(II) will be submitted, to the eligible chartering
authority;''.
(c) Process for Approving or Denying Public Charter School
Petitions.--Section 2203 of the District of Columbia School
Reform Act of 1995 (110 Stat. 1321-118) is amended--
(1) by amending subsection (d) to read as follows:
``(d) Approval.--
``(1) In general.--Subject to subsection (i) and paragraph
(2), an eligible chartering authority shall approve a
petition to establish a public charter school, if--
``(A) the eligible chartering authority determines that the
petition satisfies the requirements of this subtitle;
``(B) the eligible applicant who filed the petition agrees
to satisfy any condition or requirement, consistent with this
subtitle and other applicable law, that is set forth in
writing by the eligible chartering authority as an amendment
to the petition:
``(C) the eligible chartering authority determines that the
public charter school has the ability to meet the educational
objectives out-lined in the petition; and
``(D) the approval will not cause the eligible chartering
authority to exceed a limit under subsection (i).
``(2) Conditional approval.--
``(A) In general.--In the case of a petition that does not
contain the identification and information required under
section 2202(6)(B)(i), but does contain the timetable
required under section 2202(6)(B)(ii), an eligible chartering
authority may only approve the petition on a conditional
basis, subject to the eligible applicant's submitting the
identification and information described in section
2202(6)(B)(i) in accordance with such timetable, or any other
timetable specified in writing by the eligible chartering
authority in an amendment to the petition.
``(B) Effect of conditional approval.--For purposes of
subsections (e), (h), (i), and (j), a petition conditionally
approved under this paragraph shall be treated the same as a
petition approved under paragraph (1), except that on the
date that such a conditionally approved petition ceases to be
conditionally approved because the eligible applicant has not
timely submitted the identification and information described
in section 2202(6)(B)(i), the approval of the petition shall
cease to be counted for purposes of subsection (i).'';
(2) in subsection (h), by striking ``(d)(2),'' each place
such term appears and inserting ``(d),'';
(3) by amending subsection (i) to read as follows:
``(i) Number of Petitions.--
``(1) First year.--During calendar year 1996, not more than
10 petitions to establish public charter schools may be
approved under this subtitle.
``(2) Subsequent years.--
``(A) In general.--Subject to subparagraph (B), during
calendar year 1997, and during each subsequent calendar year,
each eligible chartering authority shall not approve more
than 10 petitions to establish a public charter school under
this subtitle. Any such petition shall be approved during the
period that beings on January 1 and ends on April 1.
``(B) Exception.--If, by April 1 of any calendar year after
1996, an eligible chartering authority has approved fewer
than 10 petitions during such calendar year, any other
eligible chartering authority may approve more than 10
petitions during such calendar year, but only if--
``(i) the eligible chartering authority completes the
approval of any such additional petition before June 1 of the
year; and
``(ii) the approval of any such additional petition will
not cause the total number of petitions approved by all
eligible chartering authorities during the calendar year to
exceed 20.''; and
(4) by amending subsection (j) to read as follows:
``(j) Authority of Eligible Chartering Authority.--
``(1) In general.--Except as provided in paragraph (2), and
except for officers or employees of the eligible chartering
authority with which a petition to establish a public charter
school is filed, no governmental entity, elected official, or
employee of the District of Columbia shall make, participate
in making, or intervene in the making of, the decision to
approve or deny such a petition.
``(2) Availability of Review.--A decision by an eligible
chartering authority to deny a petition to establish a public
charter school shall be subject to judicial review by an
appropriate court of the District of Columbia,''.
(d) District of Columbia Public School Services to Public
Charter Schools.--Section 2209 of the District of Columbia
School Reform Act of 1995 (110 Stat. 1321-125) is amended--
(1) by inserting ``(a) In general.--'' before ``The
Superintendent''; and
(2) by adding at the end the following:
``(b) Preference in Leasing or Purchasing Public School
Facilities.--
``(1) Former public school property.--
``(A) In general.--Notwithstanding any other provision of
law relating to the disposition of a facility or property
described in subparagraph (B), the Mayor and the District of
Columbia Government shall give preference to an eligible
applicant whose petition to establish a public charter school
has been conditionally approved under section 2203(d)(2), or
a Board of Trustees, with respect to the purchase or lease of
a facility or property described in subparagraph (B),
provided that doing so will not result in a significant loss
of revenue that might be obtained from other dispositions or
uses of the facility or property.
``(B) Property described.--A facility or property referred
to in subparagraph (A) is a facility, or real property--
``(i) that formerly was under the jurisdiction of the Board
of Education;
``(ii) that the Board of Education has determined is no
longer needed for purposes of operating a District of
Columbia public school; and
``(iii) with respect to which the Board of Education has
transferred jurisdiction to the Mayor.
``(2) Current public school property.--
``(A) In general.--Notwithstanding any other provision of
law relating to the disposition of a facility or property
described in subparagraph (B), the Mayor and the District of
Columbia Government shall give preference to an eligible
applicant whose petition to establish a public charter school
has been conditionally approved under section 2203(d)(2), or
a Board of Trustees, in leasing, or otherwise contracting for
the use of, a facility or property described in subparagraph
(B).
``(B) Property described.--A facility or property referred
to in subparagraph (A) is a facility, real property, or a
designated area of a facility or real property, that--
``(i) is under the jurisdiction of the Board of Education;
and
``(ii) is available for use because the Board of Education
is not using, for educational, administrative, or other
purposes, the facility, real property, or designated area.''.
(e) Charter Renewal.--Section 2212 of the District of
Columbia School Reform Act of 1995 (110 Stat. 1321-129) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Terms.--
``(1) Initial term.--A charter granted to a public charter
school shall remain in force for a 15-year period.
``(2) Renewals.--A charter may be renewed for an unlimited
number of times, each time for a 15-year period.
``(3) Review.--An eligible chartering authority that grants
or renews a charter pursuant to paragraph (1) or (2) shall
review the charter--
``(A) at least once every 5 years to determine whether the
charter should be revoked for the reasons described in
subsection (a)(1)(A) or (b) of section 2213 in accordance
with the procedures for such revocation established under
section 2213(c); and
``(B) once every 5 years, beginning on the date that is 5
years after the date on which the charter is granted or
renewed, to determine whether the charter should be revoked
for the reasons described in section 2213(a)(1)(B) in
accordance with the procedures for such revocation
established under section 2213(c).''; and
(2) by amending subsection (d)(6) to read as follows:
``(6) Judicial review.--A decision by an eligible
chartering authority to deny an application to renew a
charter shall be subject to judicial review by an appropriate
court of the District of Columbia.''.
(f) Charter Revocation.--Section 2213(a) of the District of
Columbia School Reform Act of 1995 (110 Stat. 1321-130) is
amended to read as follows:
``(a) Charter or Law Violations; Failure to Meet Goals.--
``(1) In general.--Subject to paragraph (2), an eligible
chartering authority that has granted a charter to a public
charter school may revoke the charter if the eligible
chartering authority determines that the school--
``(A) committed a violation of applicable laws or a
material violation of the conditions, terms, standards, or
procedures set forth in the charter, including violations
relating to the education of children with disabilities; or
``(B) failed to meet the goals and student academic
achievement expectations set fort in the charter.
``(2) Speical rule.--An eligible chartering authority may
not revoke a charter under paragraph (1)(B), except pursuant
to a determination made through a review conducted under
section 2212(a)(3)(B).''.
(g) Public Charter School Board.--Paragraphhs (3) and (4)
of section 2214(a) of the District of Columbia School Reform
Act of 1995 (110 Stat. 1321-132) are amended to read as
follows:
``(3) Vacancies.--
``(A) Other than from expiration of term.--Where a vacancy
occurs in the membership of the Board for reasons other than
[[Page 2612]]
the expiration of the term of a member of the Board, the
Secretary of Education, not later than 30 days after the
vacancy occurs, shall present to the Mayor a list of 3 people
the Secretary determines are qualified to serve on the Board.
The Mayor, in consultation with the District of Columbia
Council shall, appoint 1 person from the list to serve on the
Board. The Secretary shall recommend, and the Mayor shall
appoint, such member of the Board taking into consideration
the criteria described in paragraph (2). Any member appointed
to fill a vacancy occurring prior to the expiration of the
term of a predecessor shall be appointed only for the
remainder of the term.
(h) Technical Amendment.--Section 2561(b) of the District
of Columbia School Reform Act of 1995 (Public Law 104-134),
as amended by section 148 of the District of Columbia
Appropriations Act, 1997 (Public Law 104-194), is amended to
read as follows:
``(b) Limitation.--A waiver under subsection (a) shall not
apply to the Davis-Bacon Act (40 U.S.C. 276a et seq.) or
Executive Order 11246 or other civil rights standards.''.
(B) Expiration of term.--Not later than the date that is 60
days before the expiration of the term of a member of the
Board, the Secretary of Education shall present to the Mayor,
with respect to each such impending vacancy, a list of 3
people the Secretary determines are qualified to serve on the
Board. The Mayor, in consultation with the District of
Columbia Council, shall appoint 1 person from each such list
to serve on the Board. The Secretary shall recommend, and the
mayor shall appoint, any member of the Board taking into
consideration the criteria described in paragraph (2).
``(4) Time limit for appointments.--If, at any time, the
Mayor does not appoint members to the Board sufficient to
bring the Board's membership to 7 within 30 days after
receiving a recommendation from the Secretary of Education
under paragraph (2) or (3), the Secretary, not later than 10
days after the final date for such mayoral appointment, shall
make such appointments as are necessary to bring the
membership of the Board to 7.''.
disposition of certain school property by authority
Sec. 5206. (a) In General.--Subtitle C of title II of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995 is amended by adding at the end the
following new section:
``SEC. 225. DISPOSITION OF CERTAIN SCHOOL PROPERTY.
``(a) Power to Disposer.--Notwithstanding any other
provision of law relating to the disposition of a facility or
property described in subsection (d), the Authority may
dispose (by sale, lease, or otherwise) of any facility or
property described in subsection (d).
``(b) Preference for Public Charter School.--In disposing
of a facility or property under this section, the Authority
shall give preference to an eligible applicant (as defined in
section 2002 of the District of Columbia School Reform Act of
1995) whose petition to establish a public charter school has
been conditionally approved under section 2203(d)(2) of such
Act, or a Board of Trustees (as defined in section 2002 of
such Act) of such a public charter school, if doing so will
not result in a significant loss of revenue that might be
obtained from other dispositions or uses of the facility or
property.
``(c) Use of Proceeds From Disposition for School Repair
and Maintenance.--
``(1) In general.--The Authority shall deposit any proceeds
of the disposition of a facility or property under this
section in the Board of Education Real Property Maintenance
and Improvement Fund (as established by the Real Property
Disposal Act of 1990), to be used for the construction,
maintenance, improvement, rehabilitation, or repair of
buildings and grounds which are used for educational purposes
for public and public charter school students in the District
of Columbia.
``(2) Consultation.--In disposing of a facility or property
under this section, the Authority shall consult with the
Superintendent of Schools of the District of Columbia, the
Mayor, the Council, the Administrator of General Services,
and education and community leaders involved in planning for
an agency or authority that will design and administer a
comprehensive long-term program for repair and improvement of
District of Columbia public school facilities (as described
in section 2552(a) of the District of Columbia School Reform
Act of 1995).
``(3) Legal effect of sale.--The Authority may dispose of a
facility or property under this section by executing a proper
deed and any other legal instrument for conveyance of title
to the facility or property, and such deed shall convey good
and valid title to the purchaser of the facility or property.
``(d) Facility or Property Described.--A facility or
property described in this subsection is a facility or
property which is described in section 2209(b)(1)(B) of the
District of Columbia School Reform Act of 1995 and with
respect to which the Authority has made the following
determinations:
``(1) The property is no longer needed for purposes of
operating a District of Columbia public school as defined in
section 2002 of the District of Columbia School Reform Act of
1995).
``(2) The disposition of the property is in the best
interests of education in the District of Columbia.
``(3) The Mayor (or any other department or agency of the
District government) has failed to make substantial progress
toward disposing the property during the 90-day period which
begins on the date the Board of Education transfers
jurisdiction over the property to the Mayor (or, in the case
of property which is described in section 2209(b)(1)(B) of
such Act as of the date of the enactment of this section,
during the 90-day period which begins on the date of the
enactment of this section).''.
(b) Control Over Board of Education Real Property
Maintenance and Improvement Fund.--
(1) In general.--Section 2(b) of the Board of Education
Real Property Disposal Act of 1990 (sec. 9-402(b), D.C. Code)
is amended--
(A) by amending the second sentence to read as follows:
``Subject to paragraph (6), the District of Columbia
Financial Responsibility and Management Assistance Authority
shall administer the Fund and receive all payments in to the
Fund that are required by law.''; and
(B) by adding at the end the following new paragraph:
``(6) Upon the establishment of an agency or authority
within the district of Columbia government to administer a
public schools facilities revitalization plan pursuant to
section 2552(a)(2) of the District of Columbia School Reform
Act of 1995, such agency or authority shall administer the
Fund and receive all payments into the Fund that are required
by law.''.
(2) Conforming amendments.--Section 2(b) of the Board of
Education Real Property Disposal Act of 1990 (sec. 9-402(b),
D.C. Code) is amended--
(A) in the third sentence of paragraph (1), by striking ``;
provided that the Board'' and all that follows and inserting
a period; and
(B) by striking paragraph (5).
(c) Clerical Amendment.--The table of contents of subtitle
C of title II of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 is
amended by adding at the end the following new item:
``Sec. 225: Disposition of certain school property.''.
CHAPTER 3
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Operation and Maintenance, General
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses resulting from Hurricane
Fran and other natural disasters of 1996, $19,000,000 to
remain available until expended: Provided: That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION
Sec. 5301. None of the funds appropriated in the Energy and
Water Department Appropriations Act, 1997 may be made
available to the Tennessee Valley Authority if the Tennessee
Valley Authority is imposing a performance deposit in
connection with residential shoreline alteration permits.
CHAPTER 4
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
(rescission)
Immediately upon enactment of this Act, of the funds
appropriated in the Legislative Branch Appropriations Act,
1996, for the House of Representatives under the heading
``SALARIES AND EXPENSES'', there is rescinded $500,000,
specified for the following heading and account:
(1) ``ALLOWANCES AND EXPENSES'', $500,000, as follows: (A)
``Government contributions to employees' life insurance fund,
retirement funds, Social Security fund, Medicare fund, health
benefits fund, and worker's and unemployment compensation.''
JOINT ITEMS
Capitol Police Board
Capitol Police
salaries
(rescission)
Immediately upon enactment of this Act, of the funds
appropriated under this heading in Public Law 104-53,
$3,000,000 are rescinded.
general expenses
For an additional amount for the Capitol Police Board for
necessary expenses for the design and installation of
security systems for the Capitol buildings and grounds,
$3,250,000, which shall remain available until expended.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
For an additional amount for ``Capitol Buildings and
Grounds, Capitol Buildings'', $250,000, to remain available
until expended, for architectural and engineering services
related to the design and installation of security systems
for Capitol buildings and grounds.
senate office buildings
Of the funds appropriated under the heading, ``ARCHITECT OF
THE CAPITOL, Capitol Buildings and Grounds, Senate office
buildings'' in Public Law 104-53, $650,000 shall remain
available until September 30, 1997 for furniture,
furnishings, and equipment for the Senate employees' child
care center.
[[Page 2613]]
GENERAL PROVISIONS
congressional award act amendments of 1996
Sec. 5401. (a) Extension of Requirements Regarding
Financial Operations of Congressional Award Program;
Noncompliance With Requirements.--Section 5(c)(2)(A) of the
Congressional Award Act (2 U.S.C. 804(c)(2)(A)) is amended by
striking ``and 1994'' and inserting ``1994, 1995, 1996, 1997,
and 1998''.
(b) Termination.--Section 9 of the Congressional Award Act
(2 U.S.C. 808) is amended by striking ``October 1, 1995'' and
inserting ``October 1, 1999''.
(c) Saving Provisions.--During the period of October 1,
1995, through the date of the enactment of this section, all
actions and functions of the Congressional Award Board under
the Congressional Award Act shall have the same effect as
though no lapse or termination of the Congressional Award
Board ever occurred.
bill emerson hall in the house of representatives page school
Sec. 5402. The Founders Hall instructional area in the
House of Representatives Page School, located in the Thomas
Jefferson Building of the Library of Congress, shall be known
and designated as ``Bill Emerson Hall''.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
(Airport and Airway Trust Fund)
For additional operating expenses of the Federal Aviation
Administration for airport security activities $57,900,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 1998: Provided, That of
the funds provided, $8,900,000 shall be for establishment of
additional explosive detection K-9 teams at airports;
$5,500,000 shall be for airport vulnerability assessments;
$18,000,000 shall be for the hire of additional aviation
security personnel: and $25,500,000 shall be for the hire of
additional aviation safety inspectors and contract weather
observers, air traffic controller training, and
implementation of recommendations of the Federal Aviation
Administration's ``Ninety Day Safety Review'', dated
September 16, 1996: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
facilities and equipment
(airport and airway trust fund)
For additional necessary expenses for ``Facilities and
Equipment'', $147,700,000, to be derived from the Airport and
Airway Trust Fund and to remain available until September 30,
1999: Provided, That of the funds provided, $144,200,000
shall only be for non-competitive contracts or cooperative
agreements with air carriers and airport authorities, which
provide for the Federal Aviation Administration to purchase
and assist in installation of advanced security equipment for
the use of such entities and $3,500,000 shall be for
accelerated development and deployment of the Online Aviation
Safety Information System: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
research, engineering, and development
(airport and airway trust fund)
For an additional amount for ``Research, Engineering, and
Development'', $21,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 1999: Provided, That the funds provided shall only be for
aviation security research and operational testing of
document trace scanners and explosive detection portals for
airport passengers: Provided further, That such amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $50,000,000 are rescinded.
Federal Highway Administration
highway-related safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $9,100,000 are rescinded.
federal-aid highways
(highway trust fund)
For an additional amount for ``Emergency Relief Program''
for emergency expenses resulting from Hurricanes Fran and
Hortense and for other disasters, as authorized by 23 U.S.C.
125, $82,000,000, to be derived from the Highway Trust Fund
and to remain available until expended: Provided, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
motor carrier safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $12,300,000 are rescinded.
National Highway Traffic Safety Administration
highway traffic safety grants
(highway trust fund)
(rescission of contract authorization)
Of the available contract authority balances under this
heading, $11,800,000 are rescinded.
Federal Railroad Administration
northeast corridor improvement program
For additional necessary expenses related to Northeast
Corridor improvements authorized by title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended
(45 U.S.C. 851 et seq.) and 49 U.S.C. 24909, $60,000,000, to
remain available until September 30, 1999.
direct loan financing program
Notwithstanding any other provision of law, $58,680,000,
for direct loans not to exceed $400,000,000 consistent with
the purposes of section 505 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 825) as in
effect on September 30, 1988, to the Alameda Corridor
Transportation Authority to continue the Alameda Corridor
Project, including replacement of at-grade rail lines with a
below-grade corridor and widening of the adjacent major
highway: Provided, That loans not to exceed the following
amounts shall be made on or after the first day of the fiscal
year indicated:
Fiscal year 1997...........................................$140,000,000
Fiscal year 1998...........................................$140,000,000
Fiscal year 1999...........................................$120,000,000
Provided further, That any loan authorized under this
section shall be structured with a maximum 30-year repayment
after completion of construction at an annual interest rate
of not to exceed the 30-year United States Treasury rate and
on such terms and conditions as deemed appropriate by the
Secretary of Transportation: Provided further, That specific
provisions of section 505 (a), (b) and (d) through (h) shall
not apply: Provided further, That the Alameda Corridor
Transportation Authority shall be deemed to be a financially
responsible person for purposes of section 505 of the Act.
grants to the national railroad passenger corporation
For additional expenses necessary for ``Grants to the
National Railroad Passenger Corporation'', $22,500,000 for
operating losses, to remain available until September 30,
1997: Provided, That amounts made available shall only be
used to continue service on routes the National Railroad
Passenger Corporation currently plans to terminate.
Research and Special Programs Administration
Research and special programs
For additional expenses necessary for ``Research and
Special Programs'' to conduct vulnerability and threat
assessments of the nation's transportation system,
$3,000,000, to remain available until September 30, 1999;
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
National Transportation Safety Board
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$6,000,000, to reimburse other federal agencies for
previously incurred costs of recovering wreckage from TWA
flight 800, and for other costs related to the TWA 800
accident investigation: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
emergency fund
For necessary expenses of the National Transportation
Safety Board for accident investigations, including hire of
passenger motor vehicles and aircraft; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18;
uniforms, or allowances therefor, as authorized by law (5
U.S.C. 5901-5902), $1,000,000: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS
Sec. 5501. In fiscal year 1997, the Administrator of the
Federal Aviation Administration may establish at individual
airports such consortia of government and aviation industry
representatives as the Administrator may designate to provide
advice on matters related to aviation security and safety:
Provided, That such consortia shall not be considered Federal
advisory committees.
Sec. 5502. In cases where an emergency ocean condition
causes erosion of a bank protecting a scenic highway or
byway, fiscal year 1996 or fiscal year 1997 Federal Highway
Administration Emergency Relief funds can be used to halt the
erosion and stabilize the bank if such action is necessary to
protect the highway from imminent failure and is less
expensive than highway relocation.
Sec. 5503. Of the funds deducted under 23 U.S.C. subsection
104(a) for fiscal year 1997, $30,000,000 shall be available
for allocation to
[[Page 2614]]
States authorized by section 1069(y) of Public Law 102-240.
Sec. 5504. Conveyance of Property in Traverse City,
Michigan. (a) Authority To Convey.--The Secretary of
Transportation (or any other official having control over the
property described in subsection (b)) shall expeditiously
convey to the Traverse City Area Public School District in
Traverse City, Michigan, without consideration, all right,
title, and interest of the United States in and to the
property identified, described, and determined by the
Secretary under subsection (b), subject to all easements and
other interests in the property held by any other person.
(b) Identification of Property.--The Secretary shall
identify, describe, and determine the property to be conveyed
pursuant to this section.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to subsection (a) or (d), any
conveyance of property described in subsection (b) shall be
subject to the condition that all right, title, and interest
in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by the Traverse City Area Public School
District.
(d) Terms of Conveyance.--The conveyance of property under
this section shall be subject to such conditions as the
Secretary considers to be necessary to assure that--
(1) the pump room located on the property shall continue to
be operated and maintained by the United States for as long
as it is needed for this purpose;
(2) the United States shall have an easement of access to
the property for the purpose of operating and maintaining the
pump room; and
(3) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
operating and maintaining the pump room.
Sec. 5505. Authority To Convey Whitefish Point Light
Station Land. (a) Authority To Convey.--
(1) In general.--Except as otherwise provided in this
section, the Secretary of the Interior (in this section
referred to as the ``Secretary'') may convey, by an
appropriate means of conveyance, all right, title, and
interest of the United States in 1 of the 3 parcels
comprising the land on which the United States Coast Guard
Whitefish Point Light Station is situated (in this section
referred to as the ``Property''), to each of the Great Lakes
Shipwreck Historical Society, located in Sault Ste. Marie,
Michigan, the United States Fish and Wildlife Service, and
the Michigan Audubon Society (each of which is referred to in
this section as a ``recipient''), subject to all easements,
conditions, reservations, exceptions, and restrictions
contained in prior conveyances of record.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary shall retain for the United States all right,
title, and interest in--
(A) any historical artifact, including any lens or lantern,
and
(B) the light, antennas, sound signal, towers, associated
lighthouse equipment, and any electronic navigation
equipment, which are active aids to navigation,
which is located on the Property, or which related to the
Property.
(3) Identification of the property.--The Secretary may
identify, describe, and determine the parcels to be conveyed
pursuant to this section.
(4) Rights of access.--If necessary to ensure access to a
public roadway for a parcel conveyed under this section, the
Secretary shall convey with the parcel an appropriate
appurtenant easement over another parcel conveyed under this
section.
(5) Easement for public along shoreline.--In each
conveyance under this section of property located on the
shoreline of Lake Superior, the Secretary shall retain for
the public, for public walkway purposes, a right-of-way along
the shoreline that extends 30 feet inland from the mean high
water line.
(b) Terms and Conditions.--
(1) In general.--Any conveyance pursuant to subsection (a)
shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as the Secretary
considers appropriate.
(2) Maintenance of navigation functions.--The Secretary
shall ensure that any conveyance pursuant to this section is
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, towers, and
associated lighthouse equipment, and any electronic
navigation equipment, which are located on the Property and
which are active aids to navigation shall continue to be
operated and maintained by the United States for as long as
they are needed for this purpose;
(B) the recipients may not interfere or allow interference
in any manner with such aids to navigation without express
written permission from the United States;
(C) there is reserved to the United States the right to
relocate, replace, or add any aids to navigation, or make any
changes on any portion of the Property as may be necessary
for navigation purposes;
(D) the United States shall have the right, at any time, to
enter the Property without notice for the purpose of
maintaining aids to navigation;
(E) the United States shall have--
(i) an easement of access to and across the Property for the
purpose of maintaining the aids to navigation and associated
equipment in use on the Property; and
(ii) an easement for an arc of visibility; and
(F) the United States shall not be responsible for the cost
and expense of maintenance, repair, and upkeep of the
Property.
(3) Maintenance obligation.--The recipients shall not have
any obligation to maintain any active aid to navigation
equipment on any parcel conveyed pursuant to this section.
(c) Property To Be Maintained in Accordance With Certain
Laws.--Each recipient shall maintain the parcel conveyed to
the recipient pursuant to subsection (a) in accordance with
the provisions of the National Historic Preservation Act (16
U.S.C. 470 et seq.), and other applicable laws.
(d) Maintenance Standard.--Each recipient shall maintain
the parcel conveyed to the recipient pursuant to subsection
(a), at its own cost and expense, in a proper, substantial,
and workmanlike manner, including the easements of access,
the easement for an arc of visibility, the nuisance easement,
and the underground easement.
(e) Shared Use and Occupancy Agreement.--The Secretary
shall require, as a condition of each conveyance of property
under this section, that all of the recipients have entered
into the same agreement governing the shared use and
occupancy of the existing Whitefish Point Light Station
facilities. The agreement shall be drafted by the recipients
and shall include--
(1) terms governing building occupancy and access of
recipient staff and public visitors to public restrooms, the
auditorium, and the parking lot; and
(2) terms requiring that each recipient shall be
responsible for paying a pro rata share of the costs of
operating and maintaining the existing Whitefish Point Light
Station facilities, that is based on the level of use and
occupancy of the facilities by the recipient.
(f) Limitations on Developing and Impairing Uses.--It shall
be a term of each conveyance under this section that--
(1) no development of new facilities or expansion of
existing facilities or infrastructure on property conveyed
under this section may occur, except for purposes of
implementing the Whitefish Point Comprehensive Plan of
October 1992 or for a gift shop, unless--
(A) each of the recipients consents to the development or
expansion in writing;
(B) there has been a reasonable opportunity for public
comment on the development or expansion, and full
consideration has been given to such public comment as
provided; and
(C) the development or expansion is consistent with
preservation of the Property in its predominantly natural,
scenic, historic, and forested condition; and
(2) any use of the Property or any structure located on the
property which may impair or interfere with the conservation
values of the Property is expressly prohibited.
(g) Revisory Interest.--
(1) In general.--All right, title, and interests in and to
property and interests conveyed under this section shall
revert to the United States and thereafter be administered by
the Secretary of Interior acting through the Director of the
United States Fish and Wildlife Service, if--
(A) in the case of such property and interests conveyed to
the Great Lakes Shipwreck Historical Society, the property or
interests cease to be used for the purpose of historical
interpretation;
(B) in the case of such property and interests conveyed to
the Michigan Audubon Society, the property or interests cease
to be used for the purpose of environmental protection,
research, and interpretation; or
(C) in the case any property and interest conveyed to a
recipient referred to in subparagraph (A) or (B)--
(i) there is any violation of any term or condition of the
conveyance to that recipient; or
(ii) the recipient has ceased to exist.
(2) Authority to enforce reversionary interest.--The
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, shall have the
authority--
(A) to determine for the United States whether any act or
omission of a recipient results in a revision of property and
interests under paragraph (1); and
(B) to initiate a civil action to enforce that revision,
after notifying the recipient of the intent of the Secretary
of the Interior to initiate that action.
(3) Maintenance of navigation functions.--In the event of a
revision of property under this subsection, the Secretary of
the Interior shall administer the property subject to any
conditions the Secretary of Transportation considers to be
necessary to maintain the navigation functions.
Sec. 5506. Conveyance of Lighthouses. (a) Authority To
Convey.--
(1) In general.--The Secretary of Transportation or the
Secretary of the Interior, as appropriate, shall convey, by
an appropriate means of conveyance, all right, title, and
interest of the United States in and to each of the following
properties:
(A) Saint Helena Island Light Stanton, located in MacKinac
County, Moran Township, Michigan, to the Great Lakes
Lighthouse Keepers Association.
(B) Presque Isle Light Stanton, located in Presque Isle
Township, Michigan, to Presque Isle Township, Presque Isle
County, Michigan.
(2) Identification of property.--The Secretary may
identify, describe, and determine
[[Page 2615]]
the property to be conveyed under this subsection.
(3) Exception.--The Secretary may not convey any historical
artifact, including any lens or lantern, located on the
property at or before the time of the conveyance.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by this section and
other terms and conditions the Secretary may consider
appropriate.
(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property under this subsection shall be subject to the
condition that all right, title, and interest in the property
shall immediately revert to the United States if--
(A) the property, or any part of the property--
(i) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(ii) ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to navigation; or
(iii) ceases to be maintained in a manner consistent with
the provisions of the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.); or
(B) at least 30 days before that reversion, the Secretary
of Transportation provides written notice to the owner that
the property is needed for national security purposes.
(3) Maintenance of navigation functions.--A conveyance of
property under this section shall be made subject to the
conditions that the Secretary of Transportation considers to
be necessary to assure that--
(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated lighthouse equipment
located on the property conveyed, which are active aids to
navigation, shall continue to be operated and maintained by
the United States for as long as they are needed for this
purpose;
(B) the owner of the property may not interfere or allow
interference in any manner with aids to navigation without
express written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the right to
relocate, replace or add any aid to navigation or make any
changes to the property as may be necessary for navigational
purposes;
(D) the United States shall have the right, at any time, to
enter the property without notice for the purpose of
maintaining aids to navigation; and
(E) the United States shall have an easement of access to
and across the property for the purpose of maintaining the
aids to navigation in use on the property.
(4) Obligation limitation.--The owner of property conveyed
under this section is not required to maintain any active aid
to navigation equipment on the property.
(5) Property to be maintained in accordance with certain
laws.--The owner of property conveyed under this section
shall maintain the property in accordance with the National
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and
other applicable laws.
(c) Maintenance Standard.--The owner of any property
conveyed under this section, at its own cost and expense,
shall maintain the property in a proper, substantial, and
workmanlike manner.
(d) Definitions.--For purposes of this section:
(1) the term ``owner'' means the person identified in
subsection a(1)(A) and (B), and includes any successor of
assign of that person.
(2) The term ``Presque Isle Light Station'' includes the
light tower, attached dwelling, detached dwelling, 3-car
garage, and any other improvements on that parcel of land.
CHAPTER 6
Department of the Treasury
Community Development Financial Institutions
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
For an additional amount for ``Community Development
Financial Institutions Fund Program Account'' for grants,
loans, and technical assistance to qualifying community
development lenders, $5,000,000, to remain available until
September 30, 1998, of which $850,000 may be used for the
cost of direct loans: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
For an additional amount for ``Science and Technology'',
$10,000,000, to remain available until September 30, 1998, to
conduct health effects research to carry out the purposes of
the Safe Drinking Water Act Amendments of 1996, Public Law
104-182.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For an additional amount for ``Environmental Programs and
Management'', $42,221,000, to remain available until
September 30, 1998, of which $30,000,000 is to carry out the
purposes of the Safe Drinking Water Act Amendments of 1996,
Public Law 104-182, and the purposes of the Food Quality
Protection Act of 1996, Public Law 104-170, and of which
$10,221,000 is for pesticide residue data collection for use
in risk assessment activities.
STATE AND TRIBAL ASSISTANCE GRANTS
For an additional amount for ``State and Tribal Assistance
Grants'', $35,000,000, to remain available until expended,
for a grant to the City of Boston, Massachusetts, subject to
an appropriate cost share as determined by the Administrator,
for the construction of wastewater treatment facilities.
Federal Emergency Management Agency
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' to
increase Federal, State, and local preparedness for
mitigating and responding to the consequences of terrorism,
$3,000,000.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For an additional amount for ``Emergency Management
Planning and Assistance'' to increase Federal, State, and
local preparedness for mitigating and responding to the
consequences of terrorism, $12,000,000.
NATIONAL FLOOD INSURANCE FUND
Section 1309(a)(2) of the National Flood Insurance Act (42
U.S.C. 4016(a)(2)), is amended by striking ``$1,000,000,000''
and inserting in lieu thereof ``$1,500,000,000 through
September 30, 1997, and $1,000,000,000 thereafter''.
Department of Health and Human Services
OFFICE OF CONSUMER AFFAIRS
For necessary expenses of the Office of Consumer Affairs,
including services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to
the rate for GS-18, $1,500,000: Provided, That none of the
funds provided under this heading may be made available for
any other activities within the Department of Health and
Human Services.
National Aeronautics and Space Administration
SCIENCE, AERONAUTICS AND TECHNOLOGY
For an additional amount for ``Science, Aeronautics and
Technology'', $5,000,000, to remain available until September
30, 1998.
CHAPTER 7
International Security Assistance
Nonproliferation, Anti-terrorism, Demining and Related Programs
For an additional amount for nonproliferation, anti-
terrorism and related programs and activities, $18,000,000,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance.
Foreign Military Financing Program
For an additional amount for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $60,000,000.
Peacekeeping Operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$65,000,000: Provided, That none of the funds appropriated
under this paragraph shall be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
CHAPTER 8
GENERAL PROVISIONS
Sec. 5801. Of the amounts made available in Title IV of the
Department of Defense Appropriations Act, 1997, under the
heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $56,232,000 shall be made available only for
the Corps Surface-to-Air Missile (CORPS SAM) program.
Sec. 5802. There is hereby established on the books of the
Treasury an account, ``Support for International Sporting
Competitions, Defense'' (hereinafter referred to in this
section as the ``Account'') to be available until expended
for logistical and security support for international
sporting competitions (other than pay and non-travel-related
allowances of members of the Armed Forces of the United
States, except for members of the reserve components thereof
called or ordered to active duty in connection with providing
such support): Provided, That there shall be credited to the
Account: (a) unobligated balances of the funds appropriated
in Public Laws 103-335 and 104-61 under the headings ``Summer
Olympics''; (b) any reimbursements received by the Department
of Defense in connection with support to the 1993 World
University Games; the 1994 World Cup Games; and the 1996
Games of the XXVI Olympiad held in Atlanta, Georgia; (c) any
reimbursements received by the Department of Defense after
the date of enactment of this act for logistical and security
support provided to international sporting competitions; and
(d) amounts specifically appropriated to the Account, all to
remain available until expended: Provided further, that none
of the funds made available to the Account may be obligated
until 45 days after the congressional defense committees have
been notified in writing by the Secretary of Defense as to
the purpose for which these funds will be obligated.
Sec. 5803. In addition to the amounts made available in
Title IV of the Department of Defense Appropriations Act,
1997, under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'', $100,000,000 is hereby
appropriated and made available only for the Dual-Use
Applications Program.
DIVISION B--OREGON RESOURCE CONSERVATION ACT OF 1996
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Resource Conservation
act of 1996''.
[[Page 2616]]
TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``Opal Creek Wilderness and
Opal Creek Scenic Recreation Area Act of 1996''.
SEC. 102. DEFINITIONS.
In this title:
(1) Bull of the woods wilderness.--The term ``Bull of the
Woods Wilderness'' means the land designated as wilderness by
section 3(4) of the Oregon Wilderness Act of 1984 (Public Law
98-328; 16 U.S.C. 1132 note).
(2) Opal creek wilderness.--The term ``Opal Creek
Wilderness'' means certain land in the Willamette National
Forest in the State of Oregon comprising approximately 12,800
acres, as generally depicted on the map entitled ``Proposed
Opal Creek Wilderness and Scenic Recreation Area'', dated
July 1996.
(3) Scenic recreation area.--The term ``Scenic Recreation
Area'' means the Opal Creek Scenic Recreation Area,
comprising approximately 13,000 acres, as generally depicted
on the map entitled ``Proposed Opal Creek Wilderness and
Scenic Recreation Area'', dated July 1996 and established
under section 104(a)(3) of this title.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 103. PURPOSES.
The purposes of this title are:
(1) to establish a wilderness and scenic recreation area to
protect and provide for the enhancement of the natural,
scenic, recreational, historic, and cultural resources of the
area in the vicinity of Opal Creek;
(2) to protect and support the economy of the communities
in the Santiam Canyon; and
(3) to provide increased protection for an important
drinking water source for communities served by the north
Santiam River.
SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC
RECREATION AREA.
(a) Establishment.--On a determination by the Secretary
under subsection (b)--
(1) the Opal Creek Wilderness, as depicted on the map
described in section 102(2), is hereby designated as
wilderness, subject to the provisions of the Wilderness Act
of 1964, shall become a component of the National Wilderness
System, and shall be known as the Opal Creek Wilderness;
(2) the part of the Bull of the Woods Wilderness that is
located in the Willamette National Forest shall be
incorporated into the Opal Creek Wildnerness; and
(3) the Secretary shall establish the Opal Creek Scenic
Recreation Area in the Willamette National Forest in the
State of Oregon, comprising approximately 13,000 acres, as
generally depicted on the map described in section 102(3).
(b) Conditions.--The designations in subsection (a) shall
not take effect unless the Secretary makes a determination,
not later that 2 years after the date of enactment of this
title, that the following conditions have been met:
(1) the following have been donated to the United States in
an acceptable condition and without encumbrances--
(A) all right, title, and interest in the following
patented parcels of land--
(i) Santiam number 1, mineral survey number 992, as
described in patent number 39-92-0002, dated December 11,
1991;
(ii) Ruth Quartz Mine number 2, mineral survey number 994,
as described in patent number 39-91-0012, dated February 12,
1991;
(iii) Morning Star Lode, mineral survey number 993, as
described in patent number 36-91-0011, dated February 12,
1991;
(B) all right, title, and interest held by any entity other
than the Times Mirror Land and Timber Company, its successors
and assigns, in and to lands located in section 18, township
8 south, range 5 east, Marion County, Oregon, Eureka numbers
6, 7, 8, and 13 mining claims; and
(C) an easement across the Hewitt, Starvation, and Poor Boy
Mill Sites, mineral survey number 990, as described in patent
number 36-91-0017, dated May 9, 1991. In the sole discretion
of the Secretary, such easement may be limited to
administrative use if an alternative access route, adequate
and appropriate for public use, is provided.
(2) a binding agreement has been executed by the Secretary
and the owners of record as of March 29, 1996, of the
following interests, specifying the terms and conditions for
the disposition of such interests to the United States
Government--
(A) the lode mining claims know as Princess Lode, Black
Prince Lode, and King number 4 Lode, embracing portions of
sections 29 and 32, township 8 south, range 5 east,
Willamette Meridian, Marion County, Oregon, the claims being
more particularly described in the field notes and depicted
on the plat of mineral survey number 887, Oregon; and
(B) Ruth Quartz Mine number 1, mineral survey number 994,
as described in patent number 39-91-0012, dated February 12,
1991.
(c) Additions to the Wilderness and Scenic Recreation
Areas.--
(1) Lands or interests in lands conveyed to the United
States under this section shall be included in and become
part of, as appropriate, Opal Creek Wilderness or the Opal
Creek Scenic Recreation Area.
(2) On acquiring all or substantially all of the land
located in section 36, township 8 south, range 4 east, of the
Willamette Meridian, Marion County, Oregon, commonly known as
the Rosboro section, by exchange, purchase from a willing
seller, or by donation, the Secretary shall expand the
boundary of the Scenic Recreation Area to include such land.
(3) On acquiring all or substantially all of the land
located in section 18, township 8 south, range 5 east,
Marion, Oregon, commonly known as the Times Mirror property,
by exchange, purchase from a willing seller, or by donation,
such land shall be included in and become a part of the Opal
Creek Wilderness.
SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.
(a) In General.--The Secretary shall administer the Scenic
Recreation Area in accordance with this title and the laws
(including regulations) applicable to the National Forest
System.
(b) Opal Creek Management Plan.--
(1) In general.--Not later than 2 years after the date of
establishment of the Scenic Recreation Area, the Secretary,
in consultation with the advisory committee established under
section 106(a), shall prepare a comprehensive Opal Creek
Management Plan (Management Plan) for the Scenic Recreation
Area.
(2) Incorporation in land and resource management plan.--
Upon its completion, the Opal Creek Management Plan shall
become part of the land and resource management plan for the
Willamette National Forest and supersede any conflicting
provision in such land and resource management plan. Nothing
in this paragraph shall be construed to supersede the
requirements of the Endangered Species Act or the National
Forest Management Act or regulations promulgated under those
Acts, or any other law.
(3) Requirements.--The Opal Creek Management Plan shall
provide for a broad range of and uses, including--
(A) recreation;
(B) harvesting of nontraditional forest products, such as
gathering mushrooms and material to make baskets; and
(C) educational and research opportunities.
(4) Plan amendments.--The Secretary may amend the Opal
Creek Management Plan as the Secretary may determine to be
necessary, consistent with the procedures and purposes of
this title.
(c) Recreation.--
(1) Recognition.--Congress recognizes recreation as an
appropriate use of the Scenic Recreation Area.
(2) Minimum levels.--The management plan shall permit
recreation activities at not less than the levels in
existence on the date of enactment of this title.
(3) Higher levels.--The management plan may provide for
levels of recreation use higher than the levels in existence
on the date of enactment of this title if such uses are
consistent with the protection of the resource values of
Scenic Recreation Area.
(4) The management plan may include public trail access
through section 28, township 8 south, range 5 east,
Willamette Meridian, to Battle Axe Creek, Opal Pool and other
areas in the Opal Creek Wilderness and the Opal Creek Scenic
Recreation Area.
(d) Transportation Planning.--
(1) In general.--Except as provided in this subparagraph,
motorized vehicles shall not be permitted in the Scenic
Recreation Area. To maintain reasonable motorized and other
access to recreation sites and facilities in existence on the
date of enactment of this title, the Secretary shall prepare
a transportation plan for the Scenic Recreation Area that:
(A) evaluates the road network within the Scenic Recreation
Area to determine which roads should be retained and which
roads should be closed;
(B) provides guidelines for transportation and access
consistent with this title;
(C) considers the access needs of persons with disabilities
in preparing the transportation plan for the Scenic
Recreation Area;
(D) allows forest road 2209 beyond the gate to the Scenic
Recreation Area, as depicted on the map described in 102(2),
to be used by motorized vehicles only for administrative
purposes and for access by private inholders, subject to such
terms and conditions as the Secretary may determine to be
necessary; and
(E) restricts construction on or improvements to forest
road 2209 beyond the gate to the Scenic Recreation Area to
maintaining the character of the road as it existed upon the
date of enactment of this title, which shall not include
paving or widening. In order to comply with subsection 107(b)
of this title, the Secretary may make improvements to forest
road 2209 and its bridge structures consistent with the
character of the road as it existed on the date of enactment
of this title.
(e) Hunting and Fishing.--
(1) In general.--Subject to applicable Federal and State
law, the Secretary shall permit hunting and fishing in the
Scenic Recreation Area.
(2) Limitation.--The Secretary may designate zones in
which, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety,
administration, or public use and enjoyment of the Scenic
Recreation Area.
(3) Consultation.--Except during an emergency, as
determined by the Secretary, the Secretary shall consult with
the Oregon State Department of Fish and Wildlife before
issuing any regulation under this subsection.
(f) Timber Cutting.--
(1) In general.--Subject to paragraph (2), the Secretary
shall prohibit the cutting and/or selling of trees in the
Scenic Recreation Area.
(2) Permitted cutting.--
[[Page 2617]]
(A) In general.--Subject to subparagraph (B), the Secretary
may allow the cutting of trees in the Scenic Recreation Area
only--
(i) for public safety, such as to control the continued
spread of a forest fire in the Scenic Recreation Area or on
land adjacent to the Scenic Recreation Area;
(ii) for activities related to administration of the Scenic
Recreation Area, consistent with the Opal Creek Management
Plan; or
(iii) for removal of hazard trees along trails and
roadways.
(B) Salvage sales.--The Secretary may not allow a salvage
sale in the Scenic Recreation Area.
(g) Withdrawal.--
(1) Subject to valid existing rights, all lands in the
Scenic Recreation Area are withdrawn from--
(i) any form of entry, appropriation, or disposal under the
public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under the mineral and geothermal leasing
laws.
(h) Bornite Project.--
(1) Nothing in this title shall be construed to interfere
with or approve any exploration, mining, or mining-related
activity in the Bornite Project Area, depicted on the map
described in subsection 102(3), conducted in accordance with
applicable laws.
(2) Nothing in this title shall be construed to interfere
with the ability of the Secretary to approve and issue, or
deny, special use permits in connection with exploration,
mining, and mining-related activities in the Bornite Project
Area.
(3) Motorized vehicles, roads, structures, and utilities
(including but not limited to power lines and water lines)
may be allowed inside the Scenic Recreation Area to serve the
activities conducted on land within the Bornite Project.
(4) After the date of enactment of this title, no patent or
claim shall be issued for any mining claim under the general
mining laws located within the Bornite Project Area.
(i) Water Impoundments.--Notwithstanding the Federal Power
Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory
Commission may not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other
project work in the Scenic Recreation Area, except as may be
necessary to comply with the provisions of subsection 105(h)
with regard to the Bornite Project.
(j) Cultural and Historic Resource Inventory.--
(1) In general.--Not later than 1 year after the date of
establishment of the Scenic Recreation Area, the Secretary
shall review and revise the inventory of the cultural and
historic resources on the public land in the Scenic
Recreation Area developed pursuant to the Oregon Wilderness
act of 1984 (Public Law 98-328; 16 U.S.C. 1132).
(2) Interpretation.--Interpretive activities shall be
developed under the management plan in consultation with
State and local historic preservation organizations and shall
include a balanced and factual interpretation of the
cultural, ecological, and industrial history of forestry and
mining in the Scenic Recreation Area.
(k) Participation.--So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively
to the most sensitive present and future use of the Scenic
Recreation Area and its various subareas for the benefit of
the public:
(1) Advisory Council.--The Secretary shall consult on a
periodic and regular basis with the advisory council
established under section 106 with respect to matters
relating to management of the Scenic Recreation Area.
(2) Public participation.--The Secretary shall seek the
views of private groups, individuals, and the public
concerning the Scenic Recreation Area.
(3) Other agencies.--The Secretary shall seek the views and
assistance of, and cooperate with, any other Federal, State,
or local agency with any responsibility for the zoning,
planning, or natural resources of the Scenic Recreation Area.
(4) Nonprofit agencies and organizations.--The Secretary
shall seek the views of any nonprofit agency or organization
that may contribute information or expertise about the
resources and the management of the Scenic Recreation Area.
SEC. 106. ADVISORY COUNCIL.
(a) Establishment.--Not later than 90 days after the
establishment of the Scenic Recreation Area, the Secretary
shall establish an advisory council for the Scenic Recreation
Area.
(b) Membership.--The advisory council shall consist of not
more than 13 members, of whom--
(1) 1 member shall represent Marion County, Oregon, and
shall be designated by the governing body of the county;
(2) 1 member shall represent the State of Oregon and shall
be designated by the Governor of Oregon; and
(3) 1 member shall represent the city of Salem, and shall
be designated by the mayor of Salem, Oregon;
(4) 1 member from a city within a 25-mile radius of the
Opal Creek Scenic Recreation Area, to be designated by the
Governor of the State of Oregon from a list of candidates
provided by the mayors of the cities located within a 25-mile
radius of the Opal Creek Scenic Recreation Area; and
(5) not more than 9 members shall be appointed by the
Secretary from among persons who, individually or through
association with a national or local organization, have an
interest in the administration of the Scenic Recreation Area,
including, but not limited to, representatives of the timber
industry, environmental organizations, the mining industry,
inholders in the Opal Creek Wilderness and Scenic Recreation
Area, economic development interests and Indian Tribes.
(c) Staggered Terms.--Members of the advisory council shall
serve for staggered terms of three years.
(d) Chairman.--The Secretary shall designate one member of
the advisory council as chairman.
(e) Vacancies.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original
appointment.
(f) Compensation.--Members of the advisory council shall
receive no compensation for service on the advisory council.
SEC. 107. GENERAL PROVISIONS.
(a) Land Acquisition.--
(1) In general.--Subject to the other provisions of this
title the Secretary may acquire any lands or interests in
land in the Scenic Recreation Area or the Opal Creek
Wilderness that the Secretary determines are needed to carry
out this title.
(2) Public land.--Any lands or interests in land owned by a
State or a political subdivision of a State may be acquired
only by donation or exchange.
(3) Condemnation.--Within the boundaries of the Opal Creek
Wilderness or the Scenic Recreation Area, the Secretary may
not acquire any privately owned land or interest in land
without the consent of the owner unless the Secretary finds
that--
(A) the nature of land use has changed significantly, or
the landowner has demonstrated intent to change the land use
significantly, from the use that existed on the date of the
enactment of this title; and
(B) acquisition by the Secretary of the land or interest in
land is essential to ensure use of the land or interest in
land in accordance with the purposes of this title or the
management plan prepared under section 105(b).
(4) Nothing in this title shall be construed to enhance or
diminish the condemnation authority available to the
Secretary outside the boundaries of the Opal Creek Wilderness
of the Scenic Recreation Area.
(b) Environmental Response Actions and Cost Recovery.--
(1) Response actions.-- Nothing in this title shall limit
the authority of the Secretary or a responsible party to
conduct an environmental response action in the Scenic
Recreation Area in connection with the release, threatened
release, or cleanup of a hazardous substance, pollutant, or
contaminant, including a response action conducted under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.c. 9601 et seq.).
(2) Liability.-- Nothing in this title shall limit the
authority of the Secretary or a responsible party to recover
costs related to the release, threatened release, or cleanup
of any hazardous substance or pollutant or contaminant in the
Scenic Recreation Area.
(c) Maps and Description.--
(1) In general.-- As soon as practicable after the date of
enactment of this title, the Secretary shall file a map and a
boundary description for the Opal Creek Wilderness and for
the Scenic Recreation Area with the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) Force and effect.-- The boundary description and map
shall have the same force and effect as if the description
and map were included in this title, except that the
Secretary may correct clerical and typographical errors in
the boundary description and map.
(3) Availability.-- The map and boundary description shall
be on file and available for public inspection in the Office
of the Chief of the Forest Service, Department of
Agriculture.
(d) Nothing in this title shall interfere with any activity
for which a special use permit has been issued, has not been
revoked, and has not expired, before the date of enactment of
this title, subject to the terms of the permit.
SEC. 108. ROSBORO LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this section as
``Rosboro'') offers and conveys marketable title to the
United States to the land described in subsection (b), the
Secretary of Agriculture shall convey all right, title and
interest held by the United States to sufficient lands
described in subsection (c) to Rosboro, in the order in which
they appear in subsection (c), as necessary to satisfy the
equal value requirements of subsection (d).
(b) Land to be Offered by Rosboro.--The land referred to in
subsection (a) as the land to be offered by Rosboro shall
comprise Section 36, Township 8 South, range 4 east,
Willamette Meridian.
(c) Land To Be Conveyed by the United States.--The land
referred to in subsection (a) as the land to be conveyed by
the United States shall comprise sufficient land from the
following prioritized list to be of equal value under
subparagraph (d):
(1) Section 5, Township 17 South, Range 4 East, Lot 7
(37.63 acres).
(2) Section 2, Township 17 South, Range 4 East, Lot 3
(29.28 acres).
(3) Section 13, Township 17 South, Range 4 East, S\1/2\
SE\1/4\ (80 acres).
(4) Section 2, Township 17 South, Range 4 East, SW\1/2\
SW\1/4\ (40 acres).
[[Page 2618]]
(5) Section 2, Township 17 South, Range 4 East, NW\1/4\
SE\1/4\ (40 acres).
(6) Section 8, Township 17 South, Range 4 East, SE\1/4\
SW\1/4\ (40 acres).
(7) Section 11, Township 17 South, Range 4 East, W\1/2\
NW\1/4\ (80 acres).
(d) Equal Value.--The land and interests in land exchanged
under this section shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of
Professional Appraisal Practice, or shall be equalized by way
of payment of cash pursuant to the provisions of section
206(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)), and other applicable law. The appraisal
shall consider access costs for the parcels involved.
(c) Timetable.--
(1) The exchange directed by this section shall be
consummated not later than 120 days after the date Rosboro
offers and conveys the property described in subsection (b)
to the United States.
(2) The authority provided by this section shall lapse if
Rosboro fails to offer the land described in subsection (b)
within two years after the date of enactment of this title.
(f) Rosboro shall have the right to challenge in United
States District Court for the District of Oregon a
determination of marketability under subsection (a) and a
determination of value for the lands described in subsections
(b) and (c) by the Secretary of Agriculture. The Court shall
have the authority to order the Secretary to complete the
transaction contemplated in this Section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC
RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``( )(A) Elkhorn creek.--The 6.4 mile segment traversing
federally administered lands from that point along the
Willamette National Forest boundary on the common section
line between Sections 12 and 13, Township 9 South, Range 4
East, Willamette Meridian, to that point where the segment
leaves federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
``(i) a 5.8-mile wild river area, extending from that point
along the Willamette National Forest boundary on the common
section line between Sections 12 and 13, Township 9 South,
Range 4 East, Willamette Meridian, to its confluence with
Buck Creek in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered as agreed on by the
Secretaries of Agriculture and the Interior, or as directed
by the President; and
``(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9 South,
Range 3 East, Willamette Meridian, to that point where the
segment leaves federal ownership along the Bureau of Land
Management boundary in Section 1, Township 9 South, Range 3
East, Willamette Meridian, to be administered by the
Secretary of Interior, or as directed by the President.
``(B) Notwithstanding section 3(b) of this Act, the lateral
boundaries of both the wild river area and the scenic river
area along Elkhorn Creek shall include an average of not more
than 640 acres per mile measured from the ordinary high water
mark on both sides of the river.''
SEC. 110. ECONOMIC DEVELOPMENT.
(a) Economic Development Plan.--As a condition for
receiving funding under subsection (b) of this section, the
State of Oregon, in consultation with Marion County and the
Secretary of Agriculture, shall develop a plan for economic
development projects for which grants under this section may
be used in a manner consistent with this title and to benefit
local communities in the vicinity of the Opal Creek area.
Such plan shall be based on an economic opportunity study and
other appropriate information.
(b) Funds Provided to the States for Grants.--Upon
completion of the Opal Creek Management Plan, and receipt of
the plan referred to in subsection (a) of this section, the
Secretary shall provide, subject to appropriations,
$15,000,000, to the State of Oregon. Such funds shall be used
to make grants or loans for economic development projects
that further the purposes of this title and benefit the local
communities in the vicinity of Opal Creek.
(c) Report.--The State of Oregon shall--
(1) prepare and provide the Secretary and Congress with an
annual report on the use of the funds made available under
this section;
(2) make available to the Secretary and to Congress, upon
request, all accounts, financial records, and other
information related to grants and loans made available
pursuant to this section; and
(3) as loans are repaid, make additional grants and loans
with the money made available for obligation by such
repayments.
TITLE II--UPPER KLAMATH BASIN
SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION
PROJECTS.
(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term ``Ecosystem
Restoration Office'' means the Klamath Basin Ecosystem
Restoration Office operated cooperatively by the United
States Fish and Wildlife Service, Bureau of Reclamation,
Bureau of Land Management, and Forest Service.
(2) Working group.--The term ``Working Group'' means the
Upper Klamath Basin Working Group, established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including:
(A) 3 tribal members;
(B) 1 representative of the city of Klamath Falls, Oregon;
(C) 1 representative of Klamath County, Oregon;
(D) 1 representative of institutions of higher education in
the Upper Klamath Basin;
(E) 4 representatives of the environmental community,
including at least one such representative from the State of
California with interests in the Klamath Basin National
Wildlife Refuge Complex.
(F) 4 representatives of local businesses and industries,
including at least one representative of the wood products
industry and one representative of the ocean commercial
fishing industry and/or recreational fishing industry based
in either Oregon or California;
(G) 4 representatives of the ranching and farming
community, including representatives of Federal lease-land
farmers and ranchers and of private and farmers and ranchers
in the Upper Klamath Basin;
(H) 2 representatives from State of Oregon agencies with
authority and responsibility in the Klamath River Basin,
including one from the Oregon Department of Fish and Wildlife
and one from the Oregon Water Resources Department;
(I) 4 representatives from the local community;
(J) 1 representative each from the following Federal
resource management agencies in the Upper Klamath Basin: Fish
and Wildlife Service, Bureau of Reclamation, Bureau of Land
Management, Bureau of Indian Affairs, Forest Service, Natural
Resources Conservation Service, National Marine Fisheries
Service and Ecosystem Restoration Office; and
(K) 1 representative of the Klamath County Soil and Water
Conservation District.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Task force.--The term ``Task Force'' means the Klamath
River Basin Fisheries Task Force as established by the
Klamath River Basin Fishery Resource Restoration Act (Public
Law 99-552, 16 U.S.C. 460ss-3, et seq.).
(5) Compact commission.--The term ``Compact Commission''
means the Klamath River Basin Compact Commission created
pursuant to the Klamath River Compact Act of 1954.
(6) Consensus.--The term ``consensus'' means an unanimous
agreement by the Working Group members present and consisting
of at least a quorum at a regularly scheduled business
meeting.
(7) Quorum.--The term ``quorum'' means one more than half
of those qualified Working Group members appointed and
eligible to serve.
(8) Trinity task force.--The term ``Trinity Task Force''
means the Trinity River Restoration Task Force created by
Public Law 98-541, as amended by Public Law 104-143.
(b) In General.--
(1) The Working Group through the Ecosystem Restoration
Office, with technical assistance from the Secretary, will
propose ecological restoration projects, economic development
and stability projects, and projects designed to reduce the
impacts of drought conditions to be undertaken in the Upper
Klamath Basin based on a consensus of the Working Group
membership.
(2) The Secretary shall pay, to the greatest extent
feasible, up to 50 percent of the cost of performing any
project approved by the Secretary or his designee, up to a
total amount of $1,000,000 during each of fiscal years 1997
through 2001.
(3) Funds made available under this title through the
Department of the Interior or the Department of Agriculture
shall be distributed through the Ecosystem Restoration
Office.
(4) The Ecosystem Restoration Office may utilize not more
than 15 percent of all Federal funds administered under this
section for administrative costs relating to the
implementation of this title.
(5) All funding recommendations developed by the Working
Group shall be based on a consensus of Working Group members.
(c) Coordination.--
(1) The Secretary shall formulate a cooperative agreement
among the Working Group, the Task Force, the Trinity Task
Force and the Compact Commission for the purposes of ensuring
that projects proposed and funded through the Working Group
are consistent with other basin-wide fish and wildlife
restoration and conservation plans, including but not limited
to plans developed by the Task Force and the Compact
Commission.
(2) To the greatest extent practicable, the Working Group
shall provide notice to, and accept input from, two members
each of the Task Force, the Trinity Task Force, and the
Compact Commission, so appointed by those entities, for the
express purpose of facilitating better communication and
coordination regarding additional basin-wide fish and
wildlife and ecosystem restoration and planning efforts. The
roles and relationships of the entities involved shall be
clarified in the cooperative agreement.
(d) Public Meetings.--The Working Group shall conduct all
meetings subject to appli
[[Page 2619]]
cable open meeting and public participation laws. The
chartering requirements of 5 U.S.C. App 2 ss 1-15 are hereby
deemed to have been met by this section.
(e) Terms and Vacancies.--Working Group members shall serve
for 3-year terms, beginning on the date of enactment of this
title. Vacancies which occur for any reason after the date of
enactment of this title shall be filled by direct appointment
of the governor of the State of Oregon, in consultation with
the Secretary of the Interior and the Secretary of
Agriculture, in accordance with nominations from the
appropriate groups, interests, and government agencies
outlined in subsection (a)(2).
(f) Rights, Duties and Authorities Unaffected.--The Working
Group will supplement, rather than replace, existing efforts
to manage the natural resources of the Klamath Basin. Nothing
in this title affects any legal right, duty or authority of
any person or agency, including any member of the working
group.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title $1,000,000 for
each of fiscal years 1997 through 2002.
TITLE III--DESCHUTES BASIN
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means the
Deschutes River Basin Working Group established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including:
(A) 5 representatives of private interests including one
each from hydroelectric production, livestock grazing,
timber, land development, and recreation/tourism;
(B) 4 representatives of private interests including two
each from irrigated agriculture and the environmental
community;
(C) 2 representatives form the Confederated Tribes of the
Warm Springs Reservation of Oregon;
(D) 2 representatives from Federal agencies with authority
and responsibility in the Deschutes River Basin, including
one from the Department of the Interior and one from the
Agriculture Department;
(E) 2 representatives from the State of Oregon agencies
with authority and responsibility in the Deschutes River
Basin, including one from the Oregon Department of Fish and
Wildlife and one from the Oregon Water Resources Department;
and
(F) 4 representatives from county or city governments
within the Deschutes River Basin county and/or city
governments.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Federal agencies.--The term ``Federal agencies'' means
agencies and departments of the United States, including, but
not limited to, the Bureau of Reclamation, Bureau of Indian
Affairs, Bureau of Land Management, Fish and Wildlife
Service, Forest Service, Natural Resources Conservation
Service, Farm Services Agency, the National Marine Fisheries
Service, and the Bonneville Power Administration.
(4) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and
constituting at least a quorum at a regularly scheduled
business meeting.
(5) Quorum.--The term ``quorum'' means one more than half
of those qualified Working Group members appointed and
eligible to serve.
(b) In General.--
(1) The Working Group will propose ecological restoration
projects on both Federal and non-Federal lands and waters to
be undertaken in the Deschutes River Basin based on a
consensus of the Working Group, provided that such projects,
when involving Federal land or funds, shall be proposed to
the Bureau of Reclamation in the Department of the Interior
and any other Federal agency with affected land or funds.
(2) The Working Group will accept donations, grants or
other funds and place such funds received into a trust fund,
to be expended on ecological restoration projects which, when
involving Federal land or funds, are approved by the affected
Federal agency.
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50
percent of the cost of performing any project proposed by the
Working Group and approved by the Secretary, up to a total
amount of $1,000,000 during each of the fiscal years 1997
through 2001.
(4) Non-Federal contributions to project costs for purposes
of computing the Federal matching share under paragraph (3)
of this subsection may include in-kind contributions.
(5) Funds authorized in subsection (h) of this title shall
be maintained in and distributed by the Bureau of Reclamation
in the Department of the Interior. The Bureau of Reclamation
shall not expend more than 5 percent of amounts appropriated
pursuant to subsection (h) for Federal administration of such
appropriations pursuant to this title.
(6) The Bureau of Reclamation is authorized to provide by
grant to the Working Group not more than 5 percent of funds
appropriated pursuant to subsection (h) of this title for not
more than 50 percent of administrative costs relating to the
implementation of this title.
(7) The Federal agencies with authority and responsibility
in the Deschutes River Basin shall provide technical
assistance to the Working Group and shall designate
representatives to serve as members of the Working Group.
(8) All funding recommendations developed by the Working
Group shall be based on a consensus of the Working Group
members.
(c) Public Notice and Participation.--The Working Group
shall conduct all meetings subject to applicable open meeting
and public participation laws. The chartering requirements of
5 U.S.C. App 2 ss 1-15 are hereby deemed to have been met by
this section.
(d) Priorities.--The Working Group shall give priority to
voluntary market-based economic incentives for ecosystem
restoration including, but not limited to, water leases and
purchases; land leases and purchases; tradable discharge
permits; and acquisition of timber, grazing, and land
development rights to implement plans, programs, measures,
and projects.
(e) Terms and Vacancies.--Members of the Working Group
representing governmental agencies or entities shall be named
by the represented government agency. Members of the Working
Group representing private interests shall be named in
accordance with the articles of incorporation and bylaws of
the Working Group. Representatives from Federal agencies will
serve for terms of 3 years. Vacancies which occur for any
reason after the date of enactment of this title shall be
filled in accordance with this title.
(f) Additional Projects.--Where existing authority and
appropriations permit, Federal agencies may contribute to the
implementation of projects recommended by the Working Group
and approved by the Secretary.
(g) Rights, Duties and Authorities Unaffected.--The Working
Group will supplement, rather than replace, existing efforts
to manage the natural resources of the Deschutes Basin.
Nothing in this title affects any legal right, duty or
authority of any person or agency, including any member of
the working group.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title $1,000,000 for
each of fiscal years 1997 through 2001.
TITLE IV--MOUNT HOOD CORRIDOR
SEC. 401. LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if
Longview Fibre Company (referred to in this section as
``Longview'') offers and conveys title that is acceptable to
the United States to some or all of the land described in
subsection (b), the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall convey to Longview
title to some or all of the land described in subsection (c),
as necessary to satisfy the requirements of subsection (d).
(b) Land To Be Offered by Longview.--The land referred to
in subsection (a) as the land to be offered by Longview are
those lands depicted on the map entitled ``Mt. Hood Corridor
Land Exchange Map'', dated July 18, 1996.
(c) Land To Be Conveyed by the Secretary.--The land
referred to in subsection (a) as the land to be conveyed by
the Secretary are those lands depicted on the map entitled
``Mt. Hood Corridor Land Exchange Map'', dated July 18, 1996.
(d) Equal Value.--The land and interests in land exchanged
under this section shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of
Professional Appraisal Practice, or shall be equalized by way
of payment of cash pursuant to the provisions of section
206(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)), and other applicable law.
(e) Redesignation of Land To Maintain Revenue Flow.--So as
to maintain the current flow of revenue from land subject to
the Act entitled ``An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant
land situated in the State of Oregon'', approved August 28,
1937 (43 U.S.C. 1181a et seq.), the Secretary may redesignate
public domain land located in and west of Range 9 East,
Willamette Meridian, Oregon, as land subject to that Act.
(f) Timetable.--The exchange directed by this section shall
be consummated not later than 1 year after the date of
enactment of this title.
(g) Withdrawal of Lands.--All lands managed by the
Department of the Interior, Bureau of Land Management,
located in Townships 2 and 3 South, Ranges 6 and 7 East,
Willamette Meridian, which can be seen from the right-of-way
of U.S. Highway 26 (in this section, such lands are referred
to as the ``Mt. Hood Corridor Lands''), shall be managed
primarily for the protection or enhancement of scenic
qualities. Management prescriptions for other resource values
associated with these lands shall be planned and conducted
for purposes other than timber harvest, so as not to impair
the scenic qualities of the area.
(h) Timber Cutting.--Timber cutting may be conducted on Mt.
Hood Corridor Lands following a resource-damaging
catastrophic event. Such cutting may only be conducted to
achieve the following resource management objectives, in
compliance with the current land use plans--
(1) to maintain safe conditions for the visiting public;
(2) to control the continued spread of forest fire;
(3) for activities related to administration of the Mt.
Hood Corridor Lands; or
(4) for removal of hazard trees along trails and roadways.
(i) Road Closure.--The forest road gate located on Forest
Service Road 2503, located in
[[Page 2620]]
T. 2 S., R. 6 E., sec. 14, shall remain closed and locked to
protect resources and prevent illegal dumping and vandalism.
Access to this road shall be limited to--
(1) Federal and State officers and employees acting in an
official capacity;
(2) employees and contractors conducting authorized
activities associated with the telecommunication sites
located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes, except
that all motorized vehicles will be prohibited.
(j) NEPA Exemption.--The National Environmental Policy Act
of 1969 (P.L. 91-190) shall not apply to this section for one
year after the date of enactment of this title.
(k) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
TITLE V--COQUILLE TRIBAL FOREST
SEC. 501. CREATION OF THE COQUILLE FOREST.
(a) The Coquille Restoration Act (P.L. 101-42) is amended
by inserting at the end of section 5 the following:
``(d) Creation of the Coquille Forest.--
``(1) Definitions.--In this subsection:
``(A) the term `Coquille Forest' means certain lands in
Coos County, Oregon, comprising approximately 5,400 acres, as
generally depicted on the map entitled `Coquille Forest
Proposal', dated July 8, 1996.
``(B) the term `Secretary' means the Secretary of the
Interior.
``(C) the term `the Tribe' means the Coquille Tribe of Coos
County, Oregon.
``(2) Map.--The map described in subparagraph (d)(1)(A),
and such additional legal descriptions which are applicable,
shall be placed on file at the local District Office of the
Bureau of Land Management, the Agency Office of the Bureau of
Indian Affairs, and with the Senate Committee on Energy and
Natural Resources and the House Committee on Resources.
``(3) Interim period.--From the date of enactment of this
subsection until two years after the date of enactment of
this subsection, the Bureau of Land Management shall:
``(A) retain Federal jurisdiction for the management of
lands designated under this subsection as the Coquille Forest
and continue to distribute revenues from such lands in a
manner consistent with existing law; and,
``(B) prior to advertising, offering or awarding any timber
sale contract on lands designated under this subsection as
the Coquille Forest, obtain the approval of the Assistant
Secretary for Indian Affairs, acting on behalf of and in
consultation with the Tribe.
(4) Transition planning and designation.--
``(A) During the two year interim period provided for in
paragraph (3), the Assistant Secretary for Indian Affairs,
acting on behalf of and in consultation with the Tribe, is
authorized to initiate development of a forest management
plan for the Coquille Forest to the Assistant Secretary for
Indian Affairs.
``(B) Two years after the date of enactment of this
subsection, the Secretary shall take the lands identified
under subparagraph (d)(1)(A) into trust, and shall hold such
lands in trust, in perpetuity, for the Coquille Tribe. Such
lands shall be thereafter designated as the Coquille Forest.
``(C) So as to maintain the current flow of revenue from
land subject to the Act entitled `An Act relating to the
revested Oregon and California Railroad and reconveyed Coos
Bay Wagon Road grant land situated in the State of Oregon'
(the O&C Act), approved August 28, 1937 (43 U.S.C. 1181a et
seq.), the Secretary shall redesignate, from public domain
lands within the tribe's service area, as defined in this
Act, certain lands to be subject to the O&C Act. Lands
redesignated under this subparagraph shall not exceed lands
sufficient to constitute equivalent timber value as compared
to lands constituting the Coquille Forest.
``(5) Management.--The Secretary of Interior, acting
through the Assistant Secretary for Indian Affairs, shall
manage the Coquille Forest under applicable State and Federal
forestry and environmental protection laws, and subject to
critical habitat designations under the Endangered Species
Act, and subject to the standards and guidelines of Federal
forest plans on adjacent or nearby Federal lands, now and in
the future. The Secretary shall otherwise manage the Coquille
Forest in accordance with the laws pertaining to the
management of Indian Trust lands and shall distribute
revenues in accord with Public Law 101-630, 25 U.S.C. 3107.
``(A) Unprocessed logs harvested from the Coquille Forest
shall be subject to the same Federal statutory restrictions
on export to foreign Nations that apply to unprocessed logs
harvested from Federal lands.
``(B) Notwithstanding any other provision of law, all sales
of timber from land subject to this subsection shall be
advertised, offered and awarded according to competitive
bidding practices, with sales being awarded to the highest
responsible bidder.
``(6) Indian self determination act agreement.--No sooner
than two years after the date of enactment of this
subsection, the Secretary may, upon a satisfactory showing of
management competence and pursuant to the Indian Self-
Determination Act (25 U.S.C. 450 et seq.), enter into a
binding Indian self-determination agreement (agreement) with
the Coquille Indian Tribe. Such agreement may provide for the
tribe to carry out all or a portion of the forest management
for the Coquille Forest.
``(A) Prior to entering such an agreement, and as a
condition of maintaining such an agreement, the Secretary
must find that the Coquille Tribe has entered into a binding
memorandum of agreement (MOA) with the State of Oregon, as
required under paragraph 7.
``(B) The authority of the Secretary to rescind the Indian
self-determination agreement shall not be encumbered.
``(i) The Secretary shall rescind the agreement upon a
demonstration that the tribe and the State of Oregon are no
longer engaged in a memorandum of agreement as required under
paragraph 7.
``(ii) The Secretary may rescind the agreement on a showing
that the Tribe has managed the Coquille Forest in a manner
inconsistent with this subsection, or the Tribe is no longer
managing, or capable of managing, the Coquille Forest in a
manner consistent with this subsection.
``(7) Memorandum of agreement.--The Coquille Tribe shall
enter into a memorandum of agreement (MOA) with the State of
Oregon relating to the establishment and management of the
Coquille Forest. The MOA shall include, but not be limited
to, the terms and conditions for managing the Coquille Forest
in a manner consistent with paragraph (5) of this subsection,
preserving public access, advancing jointly-held resource
management goals, achieving tribal restoration objectives and
establishing a coordinated management framework. Further,
provisions set forth in the MOA shall be consistent with
federal trust responsibility requirements applicable to
Indian trust lands and paragraph (5) of this subsection.
``(8) Public access.--The Coquille Forest shall remain open
to public access for purposes of hunting, fishing, recreation
and transportation, except when closure is required by state
or federal law, or when the Coquille Indian Tribe and the
State of Oregon agree in writing that restrictions on access
are necessary or appropriate to prevent harm to natural
resources, cultural resources or environmental quality;
Provided, That the State of Oregon's agreement shall not be
required when immediate action is necessary to protect
archaeological resources.
``(9) Jurisdiction.--
``(A) The United States District Court for the District of
Oregon shall have jurisdiction over actions against the
Secretary arising out of claims that this subsection has been
violated. Consistent with existing precedents on standing to
sue, any affected citizen may bring suit against the
Secretary for violations of this subsection, except that suit
may not be brought against the Secretary for claims that the
MOA has been violated. The Court has the authority to hold
unlawful and set aside actions pursuant to this subsection
that are arbitrary and capricious, an abuse of discretion, or
otherwise an abuse of law.
``(B) The United States District Court for the District of
Oregon shall have jurisdiction over actions between the State
of Oregon and the Tribe arising out of claims of breach of
the MOA.
``(C) Unless otherwise provided for by law, remedies
available under this subsection shall be limited to equitable
relief and shall not include damages.
``(10) State regulatory and civil jurisdiction.--In
addition to the jurisdiction described in paragraph 7 of this
subsection, the State of Oregon may exercise exclusive
regulatory civil jurisdiction, including but not limited to
adoption and enforcement of administrative rules and orders,
over the following subjects:
``(A) management, allocation and administration of fish and
wildlife resources, including but not limited to
establishment and enforcement of hunting and fishing seasons,
bag limits, limits on equipment and methods, issuance of
permits and licenses, and approval or disapproval of
hatcheries, game farms, and other breeding facilities;
Provided, That nothing herein shall be construed to permit
the State of Oregon to manage fish or wildlife habitat on
Coquille Forest lands;
``(B) allocation and administration of water rights,
appropriation of water and use of water;
``(C) regulation of boating activities, including equipment
and registration requirements, and protection of the public's
right to use the waterways for purposes of boating or other
navigation;
``(D) fills and removals from waters of the State, as
defined in Oregon law;
``(E) protection and management of the State's proprietary
interests in the beds and banks of navigable waterways;
``(F) regulation of mining, mine reclamation activities,
and exploration and drilling for oil and gas deposits;
``(G) regulation of water quality, air quality (including
smoke management), solid and hazardous waste, and remediation
of releases of hazardous substances;
``(H) regulation of the use of herbicides and pesticides;
and
``(I) enforcement of public health and safety standards,
including standards for the protection of workers, well
construction and codes governing the construction of bridges,
buildings, and other structures.
``(II) Savings clause, state authority.--
``(A) Nothing in this subsection shall be construed to
grant tribal authority over private or State-owned lands.
``(B) To the extend that the State of Oregon is regulating
the foregoing areas pursuant to a delegated Federal authority
or a Federal program, nothing in this subsection
[[Page 2621]]
shall be construed to enlarge or diminish the State's
authority under such law.
``(C) Where both the State of Oregon and the United States
are regulating, nothing herein shall be construed to alter
their respective authorities.
``(D) To the extent that Federal law authorizes the
Coquille Indian Tribe to assume regulatory authority over an
area, nothing herein shall be construed to enlarge or
diminish the tribe's authority to do so under such law.
``(E) Unless and except to the extent that the tribe has
assumed jurisdiction over the Coquille Forest pursuant to
Federal law, or otherwise with the consent of the State, the
State of Oregon shall have jurisdiction and authority to
enforce its laws addressing the subjects listed in
subparagraph 10 of this subsection on the Coquille Forest
against the Coquille Indian Tribe, its members and all other
persons and entities, in the same manner and with the same
remedies and protections and appeal rights as otherwise
provided by general Oregon law. Where the State of Oregon and
Coquille Indian Tribe agree regarding the exercise of tribal
civil regulatory jurisdiction over activities on the Coquille
Forest lands, the tribe may exercise such jurisdiction as it
agreed upon.
``(12) In the event of a conflict between Federal and State
law under this subsection, Federal law shall control.''
TITLE VI--BULL RUN WATERSHED PROTECTION
Sec. 601. The first sentence of section 2(a) of Public Law
95-200 is amended after ``referred to in this subsection
(a)'' by striking ``2(b)'' and inserting in lieu thereof
``2(c)''.
Sec. 602. The first sentence of section 2(b) of Public Law
95-200 is amended after ``the policy set forth in subsection
(a)'' by inserting ``and (b)''.
Sec. 603. Section 2(b) of Public Law 95-200 is redesigned
as ``2(c)''.
Sec. 604 (a) Public Law 95-200 is amended by adding a new
subsection 2(b) immediately after subsection 2(a), as
follows:
``(b) Timber Cutting.--
(1) In general.--Subject to paragraph (2), the Secretary of
Agriculture shall prohibit the cutting of trees in that part
of the unit consisting of the hydrographic boundary of the
Bull Run River Drainage, including certain lands within the
unit and located below the headworks of the city of Portland,
Oregon's water storage and delivery project, and as depicted
in a map dated July 22, 1996 and entitled ``Bull Run River
Drainage''.
(2) Permitted cutting.--
(A) In general.--Subject to subparagraph (B), the Secretary
of Agriculture shall prohibit the cutting of trees in the
area described in paragraph (1).
(B) Permitted cutting.--Subject to subparagraph (C), the
Secretary may only allow the cutting of trees in the area
described in paragraph (1)--
(i) for the protection or enhancement of water quality in
the area described in paragraph (1); or
(ii) for the protection, enhancement, or maintenance of
water quantity available from the area described in paragraph
(1); or
(iii) for the construction, expansion, protection or
maintenance of municipal water supply facilities; or
(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects associated
with municipal water supply facilities.
(C) Salvage sales.--The Secretary of Agriculture may not
authorize a salvage sale in the area described in paragraph
(1).''
(b) Redesignate subsequent subsections of Public Law 95-200
accordingly.
SEC. 605. REPORT TO CONGRESS.
(a) The Secretary of Agriculture shall, in consultation
with the city of Portland and other affected parties,
undertake a study of that part of the Little Sandy Watershed
that is within the unit (hereinafter referred to as the
``study area''), as depicted on the map described in section
604 of this title.
(b) The study referred to in (a) shall determine--
(1) the impact of management activities within the study
area on the quality of drinking water provided to the
Portland Metropolitan area;
(2) the identify and location of certain ecological
features within the study area, including late successional
forest characteristics, aquatic and terrestrial wildlife
habitat, significant hydrological values, or other
outstanding natural features; and
(3) the location and extent of any significant cultural or
other values within the study area.
(c) The study referred to in subsection (a) shall include
both legislative and regulatory recommendations to Congress
on the future management of the study area. In formulating
such recommendations, the Secretary shall consult with the
city of Portland and other affected parties.
(d) To the greatest extent possible, the Secretary shall
use existing data and processes to carry out this study and
report.
(e) The study referred to in subsection (a) shall be
submitted to the Senate Committees on Energy and Natural
Resources and Agriculture and the House Committees on
Resources and Agriculture not later than one year from the
date of enactment of this section.
(f) The Secretary is prohibited from advertising, offering
or awarding any timber sale within the study area for a
period of two years after the date of enactment of this
section.
(g) Nothing in this section shall in any way affect any
State or Federal law governing appropriation, use of or
Federal right to water on flowing through National Forest
System lands. Nothing in this section is intended to
influence the relative strength of competing claims to the
waters of the Little Sandy River. Nothing in this section
shall be construed to expand or diminish Federal, State, or
local jurisdiction, responsibility, interests, or rights in
water resources development or control, including rights in
and current uses of water resources in the unit.
Sec. 606. Lands within the Bull Run Management Unit, as
defined in Public Law 95-200, but not contained within the
Bull Run River Drainage, as defined by this title and as
depicted on the map dated July 1996 described in Section 604
of this title, shall continue to be managed in accordance
with Public Law 95-200.
TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS
SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) In furtherance of the purposes of the Wilderness Act of
1964, certain lands within the boundaries of the Oregon
Islands National Wildlife Refuge, Oregon, comprising
approximately ninety-five acres and as generally depicted on
a map entitled ``Oregon Island Wilderness Additions--
Proposed'' dated August 1996, are hereby designated as
wilderness. The map shall be on file and available for public
inspection in the offices of the Fish and Wildlife Service,
Department of the Interior.
(b) All other federally owned named, unnamed, surveyed and
unsurveyed rocks, reefs, islets and islands lying within
three goegraphic miles off the coast of Oregon and above mean
high tide, not currently designated as wilderness and also
within the Oregon Islands National Wildlife Refuge boundaries
under the administration of the United States Fish and
Wildlife Service, Department of the Interior, as designated
by Executive Order 7035, Proclamation 2416, Public Land
Orders 4395, 4475 and 6287, and Public Laws 91-504 and 95-
450, are hereby designated as wilderness.
(c) All federally owned named, unnamed, surveyed and
unsurveyed rocks, reefs, islets and islands lying within
three geographic miles off the coast of Oregon and above mean
high tide, and presently under the jurisdiction of the Bureau
of Land Management, except Chiefs Island, are hereby
designated as wilderness, shall become part of the Oregon
Islands National Wildlife Refuge and the Oregon Island
Wilderness and shall be under the jurisdiction of the United
States Fish and Wildlife Service, Department of the Interior.
(d) As soon as practicable after this title takes effect, a
map of the wilderness area and a description of its
boundaries shall be filed with the Senate Committee on Energy
and Natural Resources and the House Committee on Resources,
and such map shall have the same force and effect as if
included in this title: Provided, however, That correcting
clerical and typographical errors in the map and land
descriptions may be made.
(e) Public Land Order 6287 of June 16, 1982, which withdrew
certain rocks, reefs, islets and islands lying within three
geographical miles off the coast of Oregon and above mean
high tide, including the ninety-five acres described in
subsection (a), as an addition to the Oregon Islands National
Wildlife Refuge is hereby made permanent.
TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY
SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND
DIRECTION.
(a) In General.--The Secretaries of the Interior and
Agriculture (Secretaries) are hereby authorized and directed
to consult, coordinate, and cooperate with the Umpqua Land
Exchange Project (ULEP), affected units and agencies of State
and local government, and, as appropriate, the World Forestry
Center and National Fish and Wildlife Foundation, to assist
ULEP's ongoing efforts in studying and analyzing land
exchange opportunities in the Umpqua River Basin and to
provide scientific, technical, research, mapping and other
assistance and information to such entities. Such
consultation, coordination, and cooperation shall at a
minimum include, but not be limited to:
(1) working with ULEP to develop or assemble comprehensive
scientific and other information (including comprehensive and
integrated mapping) concerning the Umpqua River Basin's
resources of forest, plants, wildlife, fisheries (anadromous
and other), recreational opportunities, wetlands, riparian
habitat, and other physical or natural resources;
(2) working with ULEP to identify general or specific areas
within the basin where land exchanges could promote
consolidation of forestland ownership for long-term,
sustained timber production; protection and restoration of
habitat for plants, fish, and wildlife (including any
federally listed threatened or endangered species);
protection of drinking water supplies; recovery of threatened
and endangered species; protection and restoration of
wetlands, riparian lands, and other environmentally sensitive
areas; consolidation of land ownership for improved public
access and a broad array of recreational uses; consolidation
of land ownership to achieve management efficiency and
reduced costs of administration; and
(3) developing a joint report for submission to the
Congress which discusses land exchange opportunities in the
basin and out
[[Page 2622]]
lines either a specific land exchange proposal or proposals
which may merit consideration by the Secretaries or the
Congress, or ideas and recommendations for new
authorizations, direction, or changes in existing law or
policy to expedite and facilitate the consummation of
beneficial land exchanges in the basin via administrative
means.
(b) Matters for Specific Study.--In analyzing land exchange
opportunities with ULEP, the Secretaries shall give priority
to assisting ULEP's ongoing efforts in:
(1) studying, identifying, and mapping areas where the
consolidation of land ownership via land exchanges could
promote the goals of long term species and watershed
protection and utilization, including but not limited to the
goals of the Endangered Species Act of 1973 more effectively
than current land ownership patterns and whether any changes
in law or policy applicable to such lands after consummation
of an exchange would be advisable or necessary to achieve
such goals;
(2) studying, identifying and mapping areas where land
exchanges might be utilized to better satisfy the goals of
sustainable timber harvest, including studying whether
changes in existing law or policy applicable to such lands
after consummation of an exchange would be advisable or
necessary to achieve such goals;
(3) identifying issues and studying options and
alternatives, including possible changes in existing law or
policy, to insure that combined post-exchange revenues to
units of local government from State and local property,
severance, and other taxes or levies and shared Federal land
receipts will approximate pre-exchange revenues;
(4) identifying issues and studying whether possible
changes in law, special appraisal instruction, or changes in
certain Federal appraisal procedures might be advisable or
necessary to facilitate the appraisal of potential exchange
lands which may have special characteristics or restrictions
affecting land values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or policy,
for achieving land exchanges without reducing the net supply
of timber available to small businesses;
(6) identifying, mapping, and recommending potential
changes in land use plans, land classifications, or other
actions which might be advisable or necessary to expedite,
facilitate or consummate land exchanges in certain areas;
(7) analyzing potential sources for new or enhanced
Federal, State, or other funding to promote improved resource
protection, species recovery, and management in the basin;
and
(8) identifying and analyzing whether increased efficiency
and better land and resource management could occur through
either consolidation of Federal forest management under one
agency or exchange lands between the Forest Service and the
Bureau of Land Management.
SEC. 802. REPORT TO CONGRESS.
No later than February 1, 1998, ULEP and the Secretaries
shall submit a joint report to the Committee on Resources of
the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United
States Senate concerning their studies, findings,
recommendations, mapping and other activities conducted
pursuant to this title.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
In furtherance of the purposes of this title, there is
hereby authorized to be appropriated the sum of $2 million,
to remain available until expended.
DIVISION C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT
OF 1996
SEC. 1. SHORT TITLE OF DIVISION; AMENDMENTS TO IMMIGRATION
AND NATIONALITY ACT; APPLICATION OF DEFINITIONS
OF SUCH ACT; TABLE OF CONTENTS OF DIVISION;
SEVERABILITY.
(a) Short Title.--This division may be cited as the
``Illegal Immigration Reform and Immigrant Responsibility Act
of 1996''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided--
(1) whenever in this division an amendment or repeal is
expressed as the amendment or repeal of a section or other
provision, the reference shall be considered to be made to
that section or provision in the Immigration and Nationality
Act; and
(2) amendments to a section or other provision are to such
section or other provision before any amendment made to such
section or other provision elsewhere in this division.
(c) Application of Certain Definitions.--Except as
otherwise specifically provided in this division, for
purposes of titles I and VI of this division, the terms
``alien'', ``Attorney General'', ``border crossing
identification card'', ``entry'', ``immigrant'', ``immigrant
visa'', ``lawfully admitted for permanent residence'',
``national'', ``naturalization'', ``refugee'', ``State'', and
``United States'' shall have the meaning given such terms in
section 101(a) of the Immigration and Nationality Act.
(d) Table of Contents of Division.--The table of contents
of this division is as follows:
Sec. 1. Short title of division; amendments to Immigration and
Nationality Act; application of definitions of such Act;
table of contents of division; severability.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration
checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol
positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.
Subtitle B--Facilitation of Legal Entry
Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent
documents.
Sec. 125. Preclearance authority.
Subtitle C--Interior Enforcement
Sec. 131. Authorization of appropriations for increase in number of
certain investigators.
Sec. 132. Authorization of appropriations for increase in number of
investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration
enforcement.
Sec. 134. Minimum State INS presence.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B--Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document
fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer
of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which
fails to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Sec. 301. Treating persons present in the United States without
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible
arriving aliens; referral for hearing (revised section
235).
Sec. 303. Apprehension and detention of aliens not lawfully in the
United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment
of status; voluntary departure (revised and new sections
239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section
241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions;
additional conforming amendments.
Sec. 309. Effective dates; transition.
Subtitle B--Criminal Alien Provisions
Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or
criminal parole.
[[Page 2623]]
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance
program.
Sec. 329. Demonstration project for identification of illegal aliens in
incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit
an offense under the Controlled Substances Import and
Export Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry,
and passport and visa fraud.
Subtitle C--Revision of Grounds for Exclusion and Deportation
Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false
documentation to terrorists as a basis for exclusion from
the United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain
section 274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for
certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for
deportation.
Sec. 351. Clarification of date as of which relationship required for
waiver from exclusion or deportation for smuggling.
Sec. 352. Exclusion of former citizens who renounced citizenship to
avoid United States taxation.
Sec. 353. References to changes elsewhere in division.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorist organizations.
Sec. 356. Standard for judicial review of terrorist organization
designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.
Subtitle E--Transportation of Aliens
Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.
Subtitle F--Additional Provisions
Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the
Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention
space.
Sec. 387. Pilot program on use of closed military bases for the
detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.
Subtitle B--Other Provisions Relating to Employer Sanctions
Sec. 411. Limiting liability for certain technical violations of
paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions
program.
Sec. 413. Report on additional authority or resources needed for
enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.
Subtitle C--Unfair Immigration-Related Employment Practices
Sec. 421. Treatment of certain documentary practices as unfair
immigration-related employment practices.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
Subtitle A--Eligibility of Aliens for Public Assistance and Benefits
Sec. 501. Exception to ineligibility for public benefits for certain
battered aliens.
Sec. 502. Pilot programs on limiting issuance of driver's licenses to
illegal aliens.
Sec. 503. Ineligibility of aliens not lawfully present for Social
Security benefits.
Sec. 504. Procedures for requiring proof of citizenship for Federal
public benefits.
Sec. 505. Limitation on eligibility for preferential treatment of
aliens not lawfully present on basis of residence for
higher education benefits.
Sec. 506. Study and report on alien student eligibility for
postsecondary Federal student financial assistance.
Sec. 507. Verification of immigration status for purposes of Social
Security and higher educational assistance.
Sec. 508. No verification requirement for nonprofit charitable
organizations.
Sec. 509. GAO study of provision of means-tested public benefits to
aliens who are not qualified aliens on behalf of eligible
individuals.
Sec. 510. Transition for aliens currently receiving benefits under the
Food Stamp program.
Subtitle B--Public Charge Exclusion
Sec. 531. Ground for exclusion.
Subtitle C--Affidavits of Support
Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Indigence and battered spouse and child exceptions to Federal
attribution of income rule.
Sec. 553. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among
classes of aliens in providing general cash public
assistance.
Subtitle D--Miscellaneous Provisions
Sec. 561. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department or agency to
facilitate benefit fraud by an unlawful alien.
Sec. 562. Treatment of expenses subject to emergency medical services
exception.
Sec. 563. Reimbursement of States and localities for emergency
ambulance services.
Sec. 564. Pilot programs to require bonding.
Sec. 565. Reports.
Subtitle E--Housing Assistance
Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for
financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 576. Eligibility for public and assisted housing.
Sec. 577. Regulations.
Subtitle F--General Provisions
Sec. 591. Effective dates.
Sec. 592. Not applicable to foreign assistance.
Sec. 593. Notification.
Sec. 594. Definitions.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
Sec. 601. Persecution for resistance to coercive population control
methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide
numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker
information.
Sec. 624. Continued validity of labor certifications and classification
petitions for professional athletes.
[[Page 2624]]
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents
killed in the line of duty.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the
1995 diversity immigrant program.
Subtitle D--Other Provisions
Sec. 641. Program to collect information relating to nonimmigrant
foreign students.
Sec. 642. Communication between government agencies and the Immigration
and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian
parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products;
requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative
building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs
agents.
Sec. 655. Sense of Congress on discriminatory application of New
Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social
Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the
Immigration and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of
certain aliens.
Subtitle E--Technical Corrections
Sec. 671. Miscellaneous technical corrections.
(e) Severability.--If any provision of this division or the
application of such provision to any person or circumstances
is held to be unconstitutional, the remainder of this
division and the application of the provisions of this
division to any person or circumstance shall not be affected
thereby.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of
positions for full-time, active-duty border patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(b) Increase in Border Patrol Support Personnel.--The
Attorney General, in each of fiscal years 1997, 1998, 1999,
2000, and 2001, may increase by 300 the number of positions
for personnel in support of border patrol agents above the
number of such positions for which funds were allotted for
the preceding fiscal year.
(c) Deployment of Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
additional border patrol agents shall be deployed among
Immigration and Naturalization Service sectors along the
border in proportion to the level of illegal crossing of the
borders of the United States measured in each sector during
the preceding fiscal year and reasonably anticipated in the
next fiscal year.
(d) Forward Deployment.--
(1) In general.--The Attorney General shall forward deploy
existing border patrol agents in those areas of the border
identified as areas of high illegal entry into the United
States in order to provide a uniform and visible deterrent to
illegal entry on a continuing basis. The previous sentence
shall not apply to border patrol agents located at
checkpoints.
(2) Preservation of law enforcement functions and
capabilities in interior states.--The Attorney General shall,
when deploying border patrol personnel from interior stations
to border stations, coordinate with, and act in conjunction
with, State and local law enforcement agencies to ensure that
such deployment does not degrade or compromise the law
enforcement capabilities and functions currently performed at
interior border patrol stations.
(3) Report.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of
Representatives and of the Senate a report on--
(A) the progress and effectiveness of the forward
deployment under paragraph (1); and
(B) the measures taken to comply with paragraph (2).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall
take such actions as may be necessary to install additional
physical barriers and roads (including the removal of
obstacles to detection of illegal entrants) in the vicinity
of the United States border to deter illegal crossings in
areas of high illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a), the
Attorney General shall provide for the construction along the
14 miles of the international land border of the United
States, starting at the Pacific Ocean and extending eastward,
of second and third fences, in addition to the existing
reinforced fence, and for roads between the fences.
(2) Prompt acquisition of necessary easements.--The
Attorney General, acting under the authority conferred in
section 103(b) of the Immigration and Nationality Act (as
inserted by subsection (d)), shall promptly acquire such
easements as may be necessary to carry out this subsection
and shall commence construction of fences immediately
following such acquisition (or conclusion of portions
thereof).
(3) Safety features.--The Attorney General, while
constructing the additional fencing under this subsection,
shall incorporate such safety features into the design of the
fence system as are necessary to ensure the well-being of
border patrol agents deployed within or in near proximity to
the system.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection not to exceed
$12,000,000. Amounts appropriated under this paragraph are
authorized to remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines
necessary to ensure expeditious construction of the barriers
and roads under this section.
(d) Land Acquisition Authority.--
(1) In general.--Section 103 (8 U.S.C. 1103) is amended--
(A) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(B) by inserting after subsection (a) the following:
``(b)(1) The Attorney General may contract for or buy any
interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the
Attorney General deems the land essential to control and
guard the boundaries and borders of the United States against
any violation of this Act.
``(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and
the Attorney General considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may
commence condemnation proceedings pursuant to the Act of
August 1, 1888 (Chapter 728; 25 Stat. 357).
``(4) The Attorney General may accept for the United States
a gift of any interest in land identified pursuant to
paragraph (1).''.
(2) Conforming amendment.--Section 103(e) (as so
redesignated by paragraph (1)(A)) is amended by striking
``subsection (c)'' and inserting ``subsection (d)''.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and use, for
the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night
vision scopes, and sensor units) determined available for
transfer by any other agency of the Federal Government upon
request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such
regulations shall provide that (A) each such document include
a biometric identifier (such as the fingerprint or handprint
of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not
permitted to cross over the border into the United States
unless the biometric identifier contained on the card matches
the appropriate biometric characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause a.--Clause (A) of the sentence added by the
amendment made by subsection (a) shall apply to documents
issued on or after 18 months after the date of the enactment
of this Act.
[[Page 2625]]
(2) Clause b.--Clause (B) of such sentence shall apply to
cards presented on or after 3 years after the date of the
enactment of this Act.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty of--
``(1) at least $50 and not more than $250 for each such
entry (or attempted entry); or
``(2) twice the amount specified in paragraph (1) in the
case of an alien who has been previously subject to a civil
penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that
may be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall complete a review of all prescreening and
hiring standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards
to ensure that they are consistent with relevant standards of
professionalism.
(b) Certification.--At the conclusion of each of fiscal
years 1997, 1998, 1999, 2000, and 2001, the Attorney General
shall certify in writing to the Committees on the Judiciary
of the House of Representatives and of the Senate that all
personnel hired by the Commissioner of Immigration and
Naturalization for such fiscal year were hired pursuant to
the appropriate standards, as revised under subsection (a).
(c) Review of Training Standards.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall complete a
review of the sufficiency of all training standards used by
the Commissioner of Immigration and Naturalization.
(2) Report.--
(A) In general.--Not later than 90 days after the
completion of the review under paragraph (1), the Attorney
General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the review, including--
(i) a description of the status of efforts to update and
improve training throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such efforts are expected to be
completed.
(B) Areas requiring future review.--The report shall
disclose those areas of training that the Attorney General
determines require further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United
States to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the results of the activities undertaken under subsection
(a) during the previous year. Each such report shall include
an analysis of the degree to which the Attorney General's
strategy has been effective in reducing illegal entry. Each
such report shall include a collection and systematic
analysis of data, including workload indicators, related to
activities to deter illegal entry and recommendations to
improve and increase border security at the border and ports
of entry.
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM
IMMIGRATION CHECKPOINTS.
(a) Findings.--The Congress finds as follows:
(1) Immigration checkpoints are an important component of
the national strategy to prevent illegal immigration.
(2) Individuals fleeing immigration checkpoints and leading
law enforcement officials on high speed vehicle chases
endanger law enforcement officers, innocent bystanders, and
the fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration checkpoints
is complicated by overlapping jurisdiction among Federal,
State, and local law enforcement officers.
(b) High Speed Flight from Immigration Checkpoints.--
(1) In general.--Chapter 35 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service, or any other Federal
law enforcement agency, in a motor vehicle and flees Federal,
State, or local law enforcement agents in excess of the legal
speed limit shall be fined under this title, imprisoned not
more than five years, or both.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 757 the following:
``758. High speed flight from immigration checkpoint.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8
U.S.C. 1251(a)(2)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
``(iv) High speed flight.--Any alien who is convicted of a
violation of section 758 of title 18, United States Code
(relating to high speed flight from an immigration
checkpoint), is deportable.''; and
(3) in clause (v) (as so redesignated by paragraph (1)), by
striking ``and (iii)'' and inserting ``(iii), and (iv)''.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the
Secretary of the Treasury, and appropriate representatives of
the air transport industry, shall jointly undertake a study
to develop a plan for making the transition to automated data
collection at ports of entry.
(b) Report.--Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the outcome of the joint initiative under
subsection (a), noting specific areas of agreement and
disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall develop an
automated entry and exit control system that will--
(1) collect a record of departure for every alien departing
the United States and match the records of departure with the
record of the alien's arrival in the United States; and
(2) enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants
who remain in the United States beyond the period authorized
by the Attorney General.
(b) Report.--
(1) Deadline.--Not later than December 31 of each year
following the development of the system under subsection (a),
the Attorney General shall submit an annual report to the
Committees on the Judiciary of the House of Representatives
and of the Senate on such system.
(2) Information.--The report shall include the following
information:
(A) The number of departure records collected, with an
accounting by country of nationality of the departing alien.
(B) The number of departure records that were successfully
matched to records of the alien's prior arrival in the United
States, with an accounting by the alien's country of
nationality and by the alien's classification as an immigrant
or nonimmigrant.
(C) The number of aliens who arrived as nonimmigrants, or
as a visitor under the visa waiver program under section 217
of the Immigration and Nationality Act, for whom no matching
departure record has been obtained through the system or
through other means as of the end of the alien's authorized
period of stay, with an accounting by the alien's country of
nationality and date of arrival in the United States.
(c) Use of Information on Overstays.--Information regarding
aliens who have remained in the United States beyond their
authorized period of stay identified through the system shall
be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State,
including those used at ports of entry and at consular
offices.
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER
PATROL POSITIONS FROM INTERIOR STATIONS.
Not later than November 30, 1996, the Attorney General
shall submit to the Committees on the Judiciary of the House
of Representatives and of the Senate a final plan regarding
the redeployment of border patrol personnel from interior
locations to the front lines of the border. The final plan
shall be consistent with the following:
(1) The preliminary plan regarding such redeployment
submitted by the Attorney General on May 17, 1996, to the
Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate.
(2) The direction regarding such redeployment provided in
the joint explanatory statement of the committee of
conference in the conference report to accompany the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134).
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional
sums as may be necessary to ensure that the ``IDENT'' program
(operated by the Immigration and Naturalization Serv
[[Page 2626]]
ice) is expanded to apply to illegal or criminal aliens
apprehended nationwide.
Subtitle B--Facilitation of Legal Entry
SEC. 121. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough
inspection of persons and vehicles lawfully attempting to
enter the United States, the Attorney General and the
Secretary of the Treasury each shall increase, by
approximately equal numbers in each of fiscal years 1997 and
1998, the number of full-time land border inspectors assigned
to active duty by the Immigration and Naturalization Service
and the United States Customs Service to a level adequate to
assure full staffing during peak crossing hours of all border
crossing lanes currently in use, under construction, or whose
construction has been authorized by the Congress, except such
low-use lanes as the Attorney General may designate.
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT
PROJECTS.
(a) Extension of Land Border Inspection Project Authority;
Establishment of Automated Permit Pilot Projects.--Section
286(q) is amended--
(1) by striking the matter preceding paragraph (2) and
inserting the following:
``(q) Land Border Inspection Fee Account.--(1)(A)(i)
Notwithstanding any other provision of law, the Attorney
General is authorized to establish, by regulation, not more
than 6 projects under which a fee may be charged and
collected for inspection services provided at one or more
land border points of entry. Such projects may include the
establishment of commuter lanes to be made available to
qualified United States citizens and aliens, as determined by
the Attorney General.
``(ii) The program authorized in this subparagraph shall
terminate on September 30, 2000, unless further authorized by
an Act of Congress.
``(iii) This subparagraph shall take effect, with respect
to any project described in clause (1) that was not
authorized to be commenced before the date of the enactment
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, 30 days after submission of a
written plan by the Attorney General detailing the proposed
implementation of such project.
``(iv) The Attorney General shall prepare and submit on a
quarterly basis, until September 30, 2000, a status report on
each land border inspection project implemented under this
subparagraph.
``(B) The Attorney General, in consultation with the
Secretary of the Treasury, may conduct pilot projects to
demonstrate the use of designated ports of entry after
working hours through the use of card reading machines or
other appropriate technology.''; and
(2) by striking paragraph (5).
(b) Conforming amendment.--The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161)
is amended by striking the fourth proviso under the heading
``Immigration and Naturalization Service, Salaries and
Expenses''.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--
``(1) New stations.--Subject to paragraph (5), not later
than October 31, 1998, the Attorney General, in consultation
with the Secretary of State, shall establish and maintain
preinspection stations in at least 5 of the foreign airports
that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure for
the greatest numbers of inadmissible alien passengers who
arrive from abroad by air at ports of entry within the United
States. Such preinspection stations shall be in addition to
any preinspection stations established prior to the date of
the enactment of such Act.
``(2) Report.--Not later than October 31, 1998, the
Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and of the Senate
on the implementation of paragraph (1).
``(3) Data collection.--Not later than November 1, 1997,
and each subsequent November 1, the Attorney General shall
compile data identifying--
``(A) the foreign airports which served as last points of
departure for aliens who arrived by air at United States
ports of entry without valid documentation during the
preceding fiscal years;
``(B) the number and nationality of such aliens arriving
from each such foreign airport; and
``(C) the primary routes such aliens followed from their
country of origin to the United States.
``(4) Additional stations.--Subject to paragraph (5), not
later than October 31, 2000, the Attorney General, in
consultation with the Secretary of State, shall establish
preinspection stations in at least 5 additional foreign
airports which the Attorney General, in consultation with the
Secretary of State, determines, based on the data compiled
under paragraph (3) and such other information as may be
available, would most effectively reduce the number of aliens
who arrive from abroad by air at points of entry within the
United States who are inadmissible to the United States. Such
preinspection stations shall be in addition to those
established prior to the date of the enactment of such Act or
pursuant to paragraph (1).
``(5) Conditions.--Prior to the establishment of a
preinspection station, the Attorney General, in consultation
with the Secretary of State, shall ensure that--
``(A) employees of the United States stationed at the
preinspection station and their accompanying family members
will receive appropriate protection;
``(B) such employees and their families will not be subject
to unreasonable risks to their welfare and safety; and
``(C) the country in which the preinspection station is to
be established maintains practices and procedures with
respect to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at
Geneva, July 28, 1951), or the Protocol Relating to the
Status of Refugees (done at New York, January 31, 1967), or
that an alien in the country otherwise has recourse to
avenues of protection from return to persecution.
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent
documents at foreign airports which, based on the records
maintained pursuant to subsection (a)(3), served as a point
of departure for a significant number of arrivals at United
States ports of entry without valid documentation, but where
no preinspection station exists.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 235 the
following:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF
FRAUDULENT DOCUMENTS.
(a) Use of Funds.--
(1) In general.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(A) in clause (iv), by inserting ``, including training of,
and technical assistance to, commercial airline personnel
regarding such detection'' after ``United States''; and
(B) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an
amount, for any fiscal year, not less than 5 percent of the
total of the expenses incurred that are described in the
previous sentence.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to expenses incurred during or after fiscal year
1997.
(b) Compliance With Detection Regulations.--
(1) In general.--Section 212(f) (8 U.S.C. 1182(f)) is
amended by adding at the end the following: ``Whenever the
Attorney General finds that a commercial airline has failed
to comply with regulations of the Attorney General relating
to requirements of airlines for the detection of fraudulent
documents used by passengers traveling to the United States
(including the training of personnel in such detection), the
Attorney General may suspend the entry of some or all aliens
transported to the United States by such airline.''.
(2) Deadline.--The Attorney General shall first issue, in
proposed form, regulations referred to in the second sentence
of section 212(f) of the Immigration and Nationality Act, as
added by the amendment made by paragraph (1), not later than
90 days after the date of the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality Act (8
U.S.C. 1103(a)) is amended by adding at the end the
following:
``After consultation with the Secretary of State, the
Attorney General may authorize officers of a foreign country
to be stationed at preclearance facilities in the United
States for the purpose of ensuring that persons traveling
from or through the United States to that foreign country
comply with that country's immigration and related laws.
Those officers may exercise such authority and perform such
duties as United States immigration officers are authorized
to exercise and perform in that foreign country under
reciprocal agreement, and they shall enjoy such reasonable
privileges and immunities necessary for the performance of
their duties as the government of their country extends to
United States immigration officers.''.
Subtitle C--Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF CERTAIN INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated
such funds as may be necessary to enable the Commissioner of
Immigration and Naturalization to increase the number of
investigators and support personnel to investigate potential
violations of sections 274 and 274A of the Immigration and
Nationality Act by a number equivalent to 300 full-time
active-duty investigators in each of fiscal years 1997, 1998,
and 1999.
(b) Allocation of Investigators.--At least one-half of the
investigators hired with funds made available under
subsection (a) shall be assigned to investigate potential
violations of section 274A of the Immigration and Nationality
Act.
(c) Limitation on Overtime.--None of the funds made
available under subsection (a) shall be available for
administrative expenses to pay any employee overtime pay in
an amount in excess of $25,000 for any fiscal year.
[[Page 2627]]
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN
NUMBER OF INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated such funds as may
be necessary to enable the Commissioner of Immigration and
Naturalization to increase the number of investigators and
support personnel to investigate visa overstayers by a number
equivalent to 300 full-time active-duty investigators in
fiscal year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT
IMMIGRATION ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State
or subdivision, who is determined by the Attorney General to
be qualified to perform a function of an immigration officer
in relation to the investigation, apprehension, or detention
of aliens in the United States (including the transportation
of such aliens across State lines to detention centers), may
carry out such function at the expense of the State or
political subdivision and to the extent consistent with State
and local law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of
a State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function, and shall contain a written certification that the
officers or employees performing the function under the
agreement have received adequate training regarding the
enforcement of relevant Federal immigration laws.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of
the Attorney General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in
a written agreement between the Attorney General and the
State or subdivision.
``(5) With respect to each officer or employee of a State
or political subdivision who is authorized to perform a
function under this subsection, the specific powers and
duties that may be, or are required to be, exercised or
performed by the individual, the duration of the authority of
the individual, and the position of the agency of the
Attorney General who is required to supervise and direct the
individual, shall be set forth in a written agreement between
the Attorney General and the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be
treated as a Federal employee for any purpose other than for
purposes of chapter 81 of title 5, United States Code
(relating to compensation for injury), and sections 2671
through 2680 of title 28, United States Code (relating to
tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in
the United States; or
``(B) otherwise to cooperate with the Attorney General in
the identification, apprehension, detention, or removal of
aliens not lawfully present in the United States.''.
SEC. 134. MINIMUM STATE INS PRESENCE.
(a) In General.--Section 103 (8 U.S.C. 1103), as amended by
section 102(e) of this division, is further amended by adding
at the end the following:
``(f) The Attorney General shall allocate to each State not
fewer than 10 full-time active duty agents of the Immigration
and Naturalization Service to carry out the functions of the
Service, in order to ensure the effective enforcement of this
Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN
SMUGGLING OR DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section 1992
(relating to wrecking trains), a felony violation of section
1028 (relating to production of false identification
documentation), section 1425 (relating to the procurement of
citizenship or nationalization unlawfully), section 1426
(relating to the reproduction of naturalization or
citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers), section 1541 (relating
to passport issuance without authority), section 1542
(relating to false statements in passport applications),
section 1543 (relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or section
1546 (relating to fraud and misuse of visas, permits, and
other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or
1328) (relating to the smuggling of aliens);''.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.
Section 1961(1) of title 18, United States Code, as amended
by section 433 of Public Law 104-132, is amended--
(1) by striking ``if the act indictable under section 1028
was committed for the purpose of financial gain'';
(2) by inserting ``section 1425 (relating to the
procurement of citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of naturalization
or citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers),'' after ``section 1344
(relating to financial institution fraud),'';
(3) by striking ``if the act indictable under section 1542
was committed for the purpose of financial gain'';
(4) by striking ``if the act indictable under section 1543
was committed for the purpose of financial gain'';
(5) by striking ``if the act indictable under section 1544
was committed for the purpose of financial gain''; and
(6) by striking ``if the act indictable under section 1546
was committed for the purpose of financial gain''.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8
U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the
case of a violation of subparagraph (A)(ii), (iii), or (iv)
in which the offense was done for the purpose of commercial
advantage or private financial gain'' after ``subparagraph
(A)(i)''.
(b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a))
is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the comma at the end of clause (iv) and
inserting ``; or''; and
(C) by adding at the end the following new clause:
``(v)(I) engages in any conspiracy to commit any of the
preceding acts, or
``(II) aids or abets the commission of any of the preceding
acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or (v)(I)'' after
``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)'' and inserting
``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or (iv)'' and inserting
``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)'' and inserting
``(iv), or (v)'';
(3) in paragraph (2)(B), by striking ``be fined'' and all
that follows and inserting the following: ``be fined under
title 18, United States Code, and shall be imprisoned, in the
case of a first or second violation of subparagraph (B)(iii),
not more than 10 years, in the case of a first or second
violation of subparagraph (B)(i) or (B)(ii), not less than 3
nor more than 10 years, and for any other violation, not less
than 5 nor more than 15 years.''; and
(4) by adding at the end the following new paragraph:
``(3)(A) Any person who, during any 12-month period,
knowingly hires for employment at least 10 individuals with
actual knowledge that the individuals are aliens described in
subparagraph (B) shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(B) An alien described in this subparagraph is an alien
who--
``(i) is an unauthorized alien (as defined in section
274A(h)(3)), and
``(ii) has been brought into the United States in violation
of this subsection.''.
(c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i)
of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended
to read as follows:
``(i) an offense committed with the intent or with reason
to believe that the alien unlawfully brought into the United
States will commit an offense against the United States or
any State punishable by imprisonment for more than 1 year,''.
(d) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by
striking ``for each transaction constituting a violation of
this
[[Page 2628]]
paragraph, regardless of the number of aliens involved'' and
inserting ``for each alien in respect to whom a violation of
this paragraph occurs''.
(e) Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall promulgate sentencing guidelines
or amend existing sentencing guidelines for offenders
convicted of offenses related to smuggling, transporting,
harboring, or inducing aliens in violation of section 274(a)
(1)(A) or (2) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this
subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses described in
paragraph (1)--
(A) increase the base offense level for such offenses at
least 3 offense levels above the applicable level in effect
on the date of the enactment of this Act;
(B) review the sentencing enhancement for the number of
aliens involved (U.S.S.G. 2L1.1(b)(2)), and increase the
sentencing enhancement by at least 50 percent above the
applicable enhancement in effect on the date of the enactment
of this Act;
(C) impose an appropriate sentencing enhancement upon an
offender with 1 prior felony conviction arising out of a
separate and prior prosecution for an offense that involved
the same or similar underlying conduct as the current
offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(D) impose an additional appropriate sentencing enhancement
upon an offender with 2 or more prior felony convictions
arising out of separate and prior prosecutions for offenses
that involved the same or similar underling conduct as the
current offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(E) impose an appropriate sentencing enhancement on a
defendant who, in the course of committing an offense
described in this subsection--
(i) murders or otherwise causes death, bodily injury, or
serious bodily injury to an individual;
(ii) uses or brandishes a firearm or other dangerous
weapon; or
(iii) engages in conduct that consciously or recklessly
places another in serious danger of death or serious bodily
injury;
(F) consider whether a downward adjustment is appropriate
if the offense is a first offense and involves the smuggling
only of the alien's spouse or child; and
(G) consider whether any other aggravating or mitigating
circumstances warrant upward or downward sentencing
adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(f) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES
ATTORNEYS.
(a) In General.--The number of Assistant United States
Attorneys employed by the Department of Justice for the
fiscal year 1997 shall be increased by at least 25 above the
number of Assistant United States Attorneys that were
authorized to be employed as of September 30, 1996.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall
prosecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used for
leasing space within the United States and the territories
and possessions of the United States without regard to the
following provisions of law:
``(A) section 3679(a) of the Revised Statutes (31 U.S.C.
1341),
``(B) section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)),
``(C) section 305 of the Act of June 30, 1949 (63 Stat.
396; 41 U.S.C. 255),
``(D) the third undesignated paragraph under the heading
`Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40
U.S.C. 34),
``(E) section 3648 of the Revised Statutes (31 U.S.C.
3324),
``(F) section 3741 of the Revised Statutes (41 U.S.C. 22),
and
``(G) subsections (a) and (c) of section 304 of the Federal
Property and Administrative Services Act of 1949 (63 Stat.
395; 41 U.S.C. 254 (a) and (c));
``(2) sums appropriated for the Service may be used to
establish or to acquire proprietary corporations or business
entities as part of an undercover operation, and to operate
such corporations or business entities on a commercial basis,
without regard to the provisions of section 304 of the
Government Corporation Control Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the proceeds
from the undercover operation, may be deposited in banks or
other financial institutions without regard to the provisions
of section 648 of title 18, United States Code, and of
section 3639 of the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation may be
used to offset necessary and reasonable expenses incurred in
such operation without regard to the provisions of section
3617 of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any
action authorized by paragraph (1), (2), (3), or (4) is
necessary for the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the
conduct of the operation, the proceeds or the balance of the
proceeds remaining at the time shall be deposited into the
Treasury of the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph
(2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Service,
as much in advance as the Commissioner or Commissioner's
designee determines practicable, shall report the
circumstances to the Attorney General, the Director of the
Office of Management and Budget, and the Comptroller General.
The proceeds of the liquidation, sale, or other disposition,
after obligations are met, shall be deposited in the Treasury
of the United States as miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a
quarterly basis and shall report the results of the audits in
writing to the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle B--Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Fraud and Misuse of Government-Issued Identification
Documents.--(1) Section 1028(b) of title 18, United States
Code, is amended--
(A) in paragraph (1), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(1)'' and by striking
``five years'' and inserting ``15 years'';
(B) in paragraph (2), by inserting ``except as provided in
paragraphs (3) and (4),'' after ``(2)'' and by striking
``and'' at the end;
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) a fine under this title or imprisonment for not more
than 20 years, or both, if the offense is committed to
facilitate a drug trafficking crime (as defined in section
929(a)(2) of this title);
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed to
facilitate an act of international terrorism (as defined in
section 2331(1) of this title); and''.
(2) Sections 1425 through 1427, sections 1541 through 1544,
and section 1546(a) of title 18, United States Code, are each
amended by striking ``imprisoned not more'' and all that
follows through ``years'' each place it appears and inserting
the following: ``imprisoned not more than 25 years (if the
offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20
years (if the offense was committed to facilitate a drug
trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed to facility such an
act of international terrorism or a drug trafficking crime),
or 15 years (in the case of any other offense)''.
(b) Changes to the Sentencing Levels.--
(1) In general.--Pursuant to the Commission's authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate
sentencing guidelines or amend existing sentencing guidelines
for offenders convicted of violating, or conspiring to
violate, sections 1028(b)(1), 1425 through 1427, 1541 through
1544, and 1546(a) of title 18, United States Code, in
accordance with this subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses referred to in
paragraph (1)--
(A) increase the base offense level for such offenses at
least 2 offense levels above the level in effect on the date
of the enactment of this Act;
(B) review the sentencing enhancement for number of
documents or passports involved (U.S.S.G. 2L2.1(b)(2)), and
increase the up
[[Page 2629]]
ward adjustment by at least 50 percent above the applicable
enhancement in effect on the date of the enactment of this
Act;
(C) impose an appropriate sentencing enhancement upon an
offender with 1 prior felony conviction arising out of a
separate and prior prosecution for an offense that involved
the same or similar underlying conduct as the current
offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category;
(D) impose an additional appropriate sentencing enhancement
upon an offender with 2 or more prior felony convictions
arising out of separate and prior prosecutions for offenses
that involved the same or similar underlying conduct as the
current offense, to be applied in addition to any sentencing
enhancement that would otherwise apply pursuant to the
calculation of the defendant's criminal history category; and
(E) consider whether any other aggravating or mitigating
circumstances warrant upward or downward sentencing
adjustments.
(3) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(c) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES
FOR DOCUMENT FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
1324c(a)) is amended--
(1) in paragraph (1), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(2) in paragraph (2), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to'' after ``issued
to'';
(B) by adding before the comma at the end the following:
``or obtaining a benefit under this Act''; and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to'' after ``issued
to'';
(B) by adding before the period at the end the following:
``or obtaining a benefit under this Act''; and
(C) by striking the period at the end and inserting ``,
or''; and
(5) by adding at the end the following new paragraphs:
``(5) to prepare, file, or assist another in preparing or
filing, any application for benefits under this Act, or any
document required under this Act, or any document submitted
in connection with such application or document, with
knowledge or in reckless disregard of the fact that such
application or document was falsely made or, in whole or in
part, does not relate to the person on whose behalf it was or
is being submitted, or
``(6)(A) to present before boarding a common carrier for
the purpose of coming to the United States a document which
relates to the alien's eligibility to enter the United
States, and (B) to fail to present such document to an
immigration officer upon arrival at a United States port of
entry.''.
(b) Definition of Falsely Make.--Section 274C (8 U.S.C.
1324c), as amended by section 213 of this division, is
further amended by adding at the end the following new
subsection:
``(f) Falsely Make.--For purposes of this section, the term
`falsely make' means to prepare or provide an application or
document, with knowledge or in reckless disregard of the fact
that the application or document contains a false,
fictitious, or fraudulent statement or material
representation, or has no basis in law or fact, or otherwise
fails to state a fact which is material to the purpose for
which it was submitted.''.
(c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used,
accepted, or created and each instance of use, acceptance, or
creation'' each place it appears and inserting ``each
document that is the subject of a violation under subsection
(a)''.
(d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)) is amended by adding at the end the following new
paragraph:
``(7) Waiver by attorney general.--The Attorney General may
waive the penalties imposed by this section with respect to
an alien who knowingly violates subsection (a)(6) if the
alien is granted asylum under section 208 or withholding of
deportation under section 243(h).''.
(e) Effective Date.--Section 274C(f) of the Immigration and
Nationality Act, as added by subsection (b), applies to the
preparation of applications before, on, or after the date of
the enactment of this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE
AS PREPARER OF FALSE APPLICATION FOR
IMMIGRATION BENEFITS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the
end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as
Document Preparer.--(1) Whoever, in any matter within the
jurisdiction of the Service, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on
behalf of any person and for a fee or other remuneration,
prepared or assisted in preparing an application which was
falsely made (as defined in subsection (f)) for immigration
benefits, shall be fined in accordance with title 18, United
States Code, imprisoned for not more than 5 years, or both,
and prohibited from preparing or assisting in preparing,
whether or not for a fee or other remuneration, any other
such application.
``(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists in
preparing an application for immigration benefits pursuant to
this Act, or the regulations promulgated thereunder, whether
or not for a fee or other remuneration and regardless of
whether in any matter within the jurisdiction of the Service,
shall be fined in accordance with title 18, United States
Code, imprisoned for not more than 15 years, or both, and
prohibited from preparing or assisting in preparing any other
such application.''.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT
WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.
The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ``containing any such
false statement'' and inserting ``which contains any such
false statement or which fails to contain any reasonable
basis in law or fact''.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of paragraph (d) and
inserting ``; or'', and
(2) by inserting after paragraph (d) the following:
``(e) Whoever knowingly makes any false statement or claim
that he is, or at any time has been, a citizen or national of
the United States, with the intent to obtain on behalf of
himself, or any other person, any Federal or State benefit or
service, or to engage unlawfully in employment in the United
States; or
``(f) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to
register to vote or to vote in any Federal, State, or local
election (including an initiative, recall, or referendum)--
''.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL
ELECTION.
(a) In General.--Title 18, United States Code, is amended
by inserting after section 610 the following:
``Sec. 611. Voting by aliens
``(a) It shall be unlawful for any alien to vote in any
election held solely or in part for the purpose of electing a
candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the
House of Representatives, Delegate from the District of
Columbia, or Resident Commissioner, unless--
``(1) the election is held partly for some other purpose;
``(2) aliens are authorized to vote for such other purpose
under a State constitution or statute or a local ordinance;
and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such Federal
offices, in such a manner that an alien has the opportunity
to vote for such other purpose, but not an opportunity to
vote for a candidate for any one or more of such Federal
offices.
``(b) Any person who violates this section shall be fined
under this title, imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 18, United States Code, is
amended by inserting after the item relating to section 610
the following new item:
``611. Voting by aliens.''.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED
OFFENSES.
Section 982(a) of title 18, United States Code, is amended
by inserting after paragraph (5) the following new paragraph:
``(6)(A) The court, in imposing sentence on a person
convicted of a violation of, or conspiracy to violate,
section 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title, or a violation of, or conspiracy to violate,
section 1028 of this title if committed in connection with
passport or visa issuance or use, shall order that the person
forfeit to the United States, regardless of any provision of
State law--
``(i) any conveyance, including any vessel, vehicle, or
aircraft used in the commission of a violation of, or a
conspiracy to violate, subsection (a); and
``(ii) any property real or personal--
``(I) that constitutes, or is derived from or is traceable
to the proceeds obtained directly or indirectly from the
commission of a violation of, or a conspiracy to violate,
subsection (a), section 274A(a)(1) or 274A(a)(2) of the
Immigration and Nationality Act, or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of this title; or
``(II) that is used to facilitate, or is intended to be
used to facilitate, the commission of a violation of, or a
conspiracy to violate, subsection (a), section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality Act, or section
1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title.
The court, in imposing sentence on such person, shall order
that the person forfeit to the United States all property
described in this subparagraph.
``(B) The criminal forfeiture of property under
subparagraph (A), including any sei
[[Page 2630]]
zure and disposition of the property and any related
administrative or judicial proceeding, shall be governed by
the provisions of section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853), other
than subsections (a) and (d) of such section 413.''.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) Amendments to Title 18.--Sections 1581, 1583, 1584, and
1588 of title 18, United States Code, are amended by striking
``five'' each place it appears and inserting ``10''.
(b) Review of Sentencing Guidelines.--The United States
Sentencing Commission shall ascertain whether there exists an
unwarranted disparity--
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
kidnapping offenses in effect on the date of the enactment of
this Act; and
(2) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
alien smuggling offenses in effect on the date of the
enactment of this Act and after the amendment made by
subsection (a).
(c) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review its guidelines on
sentencing for peonage, involuntary servitude, and slave
trade offenses under sections 1581 through 1588 of title 18,
United States Code, and shall amend such guidelines as
necessary to--
(A) reduce or eliminate any unwarranted disparity found
under subsection (b) that exists between the sentences for
peonage, involuntary servitude, and slave trade offenses, and
the sentences for kidnapping offenses and alien smuggling
offenses;
(B) ensure that the applicable guidelines for defendants
convicted of peonage, involuntary servitude, and slave trade
offenses are sufficiently stringent to deter such offenses
and adequately reflect the heinous nature of such offenses;
and
(C) ensure that the guidelines reflect the general
appropriateness of enhanced sentences for defendants whose
peonage, involuntary servitude, or slave trade offenses
involve--
(i) a large number of victims;
(ii) the use or threatened use of a dangerous weapon; or
(iii) a prolonged period of peonage or involuntary
servitude.
(2) Emergency authority to sentencing commission.--The
Commission shall promulgate the guidelines or amendments
provided for under this subsection as soon as practicable in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under
that Act had not expired.
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses
occurring on or after the date of the enactment of this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end
thereof the following new subsection:
``(d) Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually
preserved) deposition of a witness to a violation of
subsection (a) who has been deported or otherwise expelled
from the United States, or is otherwise unable to testify,
may be admitted into evidence in an action brought for that
violation if the witness was available for cross examination
and the deposition otherwise complies with the Federal Rules
of Evidence.''.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and''; and
(3) by inserting after subparagraph (B) the following:
``(C) immigration officers designated by the Commissioner
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place prior to the
filing of a complaint in a case under paragraph (2).''.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES
WITHOUT AUTHORIZATION AS NOT ADMITTED.
(a) ``Admission'' Defined.--Paragraph (13) of section
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
``(13)(A) The terms `admission' and `admitted' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
``(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not
be considered to have been admitted.
``(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an
admission into the United States for purposes of the
immigration laws unless the alien--
``(i) has abandoned or relinquished that status,
``(ii) has been absent from the United States for a
continuous period in excess of 180 days,
``(iii) has engaged in illegal activity after having
departed the United States,
``(iv) has departed from the United States while under
legal process seeking removal of the alien from the United
States, including removal proceedings under this Act and
extradition proceedings,
``(v) has committed an offense identified in section
212(a)(2), unless since such offense the alien has been
granted relief under section 212(h) or 240A(a), or
``(vi) is attempting to enter at a time or place other than
as designated by immigration officers or has not been
admitted to the United States after inspection and
authorization by an immigration officer.''.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--
(1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is
amended by redesignating paragraph (9) as paragraph (10) and
by inserting after paragraph (8) the following new paragraph:
``(9) Aliens previously removed.--
``(A) Certain aliens previously removed.--
``(i) Arriving aliens.--Any alien who has been ordered
removed under section 235(b)(1) or at the end of proceedings
under section 240 initiated upon the alien's arrival in the
United States and who again seeks admission within 5 years of
the date of such removal (or within 20 years in the case of a
second or subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is inadmissible.
``(ii) Other aliens.--Any alien not described in clause (i)
who--
``(I) has been ordered removed under section 240 or any
other provision of law, or
``(II) departed the United States while an order of removal
was outstanding,
and who seeks admission within 10 years of the date of such
alien's departure or removal (or within 20 years of such date
in the case of a second or subsequent removal or at any time
in the case of an alien convicted of an aggravated felony) is
inadmissible.
``(iii) Exception.--Clauses (i) and (ii) shall not apply to
an alien seeking admission within a period if, prior to the
date of the alien's reembarkation at a place outside the
United States or attempt to be admitted from foreign
contiguous territory, the Attorney General has consented to
the alien's reapplying for admission.
``(B) Aliens unlawfully present.--
``(i) In general.--Any alien (other than an alien lawfully
admitted for permanent residence) who--
``(I) was unlawfully present in the United States for a
period of more than 180 days but less than 1 year,
voluntarily departed the United States (whether or not
pursuant to section 244(e)) prior to the commencement of
proceedings under section 235(b)(1) or section 240, and again
seeks admission within 3 years of the date of such alien's
departure or removal, or
``(II) has been unlawfully present in the United States for
one year or more, and who again seeks admission within 10
years of the date of such alien's departure or removal from
the United States,
is inadmissible.
``(ii) Construction of unlawful presence.--For purposes of
this paragraph, an alien is deemed to be unlawfully present
in the United States if the alien is present in the United
States after the expiration of the period of stay authorized
by the Attorney General or is present in the United States
without being admitted or paroled.
``(iii) Exceptions.--
``(I) Minors.--No period of time in which an alien is under
18 years of age shall be taken into account in determining
the period of unlawful presence in the United States under
clause (i).
``(II) Asylees.--No period of time in which an alien has a
bona fide application for asylum pending under section 208
shall be taken into account in determining the period of
unlawful presence in the United States under clause (i)
unless the alien during such period was employed without
authorization in the United States.
``(III) Family unity.--No period of time in which the alien
is a beneficiary of family unity protection pursuant to
section 301 of the Immigration Act of 1990 shall be taken
into account in determining the period of unlawful presence
in the United States under clause (i).
``(IV) Battered women and children.--Clause (i) shall not
apply to an alien who would be described in paragraph
(6)(A)(ii) if `violation of the terms of the alien's
nonimmigrant visa' were substituted for `unlawful entry into
the United States' in subclause (III) of that paragraph.
``(iv) Tolling for good cause.--In the case of an alien
who--
``(I) has been lawfully admitted or paroled into the United
States,
``(II) has filed a nonfrivolous application for a change or
extension of status before the date of expiration of the
period of stay authorized by the Attorney General, and
``(III) has not been employed without authorization in the
United States before or during the pendency of such
application,
the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.
``(v) Waiver.--The Attorney General has sole discretion to
waive clause (i) in the case of an immigrant who is the
spouse or son or
[[Page 2631]]
daughter of a United States citizen or of an alien lawfully
admitted for permanent residence, if it is established to the
satisfaction of the Attorney General that the refusal of
admission to such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse or parent
of such alien. No court shall have jurisdiction to review a
decision or action by the Attorney General regarding a waiver
under this clause.
``(C) Aliens unlawfully present after previous immigration
violations.--
``(i) In general.--Any alien who--
``(I) has been unlawfully present in the United States for
an aggregate period of more than 1 year, or
``(II) has been ordered removed under section 235(b)(1),
section 240, or any other provision of law,
and who enters or attempts to reenter the United States
without being admitted is inadmissible.
``(ii) Exception.--Clause (i) shall not apply to an alien
seeking admission more than 10 years after the date of the
alien's last departure from the United States if, prior to
the alien's reembarkation at a place outside the United
States or attempt to be readmitted from a foreign contiguous
territory, the Attorney General has consented to the alien's
reapplying for admission.''.
(2) Limitation on change of status.--Section 248 (8 U.S.C.
1258) is amended by inserting ``and who is not inadmissible
under section 212(a)(9)(B)(i) (or whose inadmissibility under
such section is waived under section 212(a)(9)(B)(v))'' after
``maintain that status''.
(3) Treatment of unlawful presence before effective date.--
In applying section 212(a)(9)(B) of the Immigration and
Nationality Act, as inserted by paragraph (1), no period
before the title III-A effective date shall be included in a
period of unlawful presence in the United States.
(c) Revision to Ground of Inadmissibility for Illegal
Entrants and Immigration Violators.--
(1) In general.--Subparagraphs (A) and (B) of section
212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as
follows:
``(A) Aliens present without admission or parole.--
``(i) In general.--An alien present in the United States
without being admitted or paroled, or who arrives in the
United States at any time or place other than as designated
by the Attorney General, is inadmissible.
``(ii) Exception for certain battered women and children.--
Clause (i) shall not apply to an alien who demonstrates
that--
``(I) the alien qualifies for immigrant status under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1),
``(II)(a) the alien has been battered or subjected to
extreme cruelty by a spouse or parent, or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, or (b) the alien's child has been
battered or subjected to extreme cruelty by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty) or by a member of the
spouse's or parent's family residing in the same household as
the alien when the spouse or parent consented to or
acquiesced in such battery or cruelty and the alien did not
actively participate in such battery or cruelty, and
``(III) there was a substantial connection between the
battery or cruelty described in subclause (I) or (II) and the
alien's unlawful entry into the United States.
``(B) Failure to attend removal proceeding.--Any alien who
without reasonable cause fails or refuses to attend or remain
in attendance at a proceeding to determine the alien's
inadmissibility or deportability and who seeks admission to
the United States within 5 years of such alien's subsequent
departure or removal is inadmissible. ''.
(2) Transition for battered spouse or child provision.--The
requirements of subclauses (II) and (III) of section
212(a)(6)(A)(ii) of the Immigration and Nationality Act, as
inserted by paragraph (1), shall not apply to an alien who
demonstrates that the alien first arrived in the United
States before the title III-A effective date (described in
section 309(a) of this division).
(d) Adjustment in Grounds for Deportation.--Section 241 (8
U.S.C. 1251), before redesignation as section 237 by section
305(a)(2) of this division, is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``in the United States'' and inserting ``in and
admitted to the United States'';
(2) in subsection (a)(1), by striking ``Excludable'' each
place it appears and inserting ``Inadmissible'';
(3) in subsection (a)(1)(A), by striking ``excludable'' and
inserting ``inadmissible''; and
(4) by amending subparagraph (B) of subsection (a)(1) to
read as follows:
``(B) Present in violation of law.--Any alien who is
present in the United States in violation of this Act or any
other law of the United States is deportable.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF
INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR
HEARING (REVISED SECTION 235).
(a) In General.--Section 235 (8 U.S.C. 1225) is amended to
read as follows:
``inspection by immigration officers; expedited removal of inadmissible
arriving aliens; referral for hearing
``Sec. 235. (a) Inspection.--
``(1) Aliens treated as applicants for admission.--An alien
present in the United States who has not been admitted or who
arrives in the United States (whether or not at a designated
port of arrival and including an alien who is brought to the
United States after having been interdicted in international
or United States waters) shall be deemed for purposes of this
Act an applicant for admission.
``(2) Stowaways.--An arriving alien who is a stowaway is
not eligible to apply for admission or to be admitted and
shall be ordered removed upon inspection by an immigration
officer. Upon such inspection if the alien indicates an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview under subsection (b)(1)(B). A stowaway may apply
for asylum only if the stowaway is found to have a credible
fear of persecution under subsection (b)(1)(B). In no case
may a stowaway be considered an applicant for admission or
eligible for a hearing under section 240.
``(3) Inspection.--All aliens (including alien crewmen) who
are applicants for admission or otherwise seeking admission
or readmission to or transit through the United States shall
be inspected by immigration officers.
``(4) Withdrawal of application for admission.--An alien
applying for admission may, in the discretion of the Attorney
General and at any time, be permitted to withdraw the
application for admission and depart immediately from the
United States.
``(5) Statements.--An applicant for admission may be
required to state under oath any information sought by an
immigration officer regarding the purposes and intentions of
the applicant in seeking admission to the United States,
including the applicant's intended length of stay and whether
the applicant intends to remain permanently or become a
United States citizen, and whether the applicant is
inadmissible.
``(b) Inspection of Applicants for Admission.--
``(1) Inspection of aliens arriving in the united states
and certain other aliens who have not been admitted or
paroled.--
``(A) Screening.--
``(i) In general.--If an immigration officer determines
that an alien (other than an alien described in subparagraph
(F)) who is arriving in the United States or is described in
clause (iii) is inadmissible under section 212(a)(6)(C) or
212(a)(7), the officer shall order the alien removed from the
United States without further hearing or review unless the
alien indicates either an intention to apply for asylum under
section 208 or a fear of persecution.
``(ii) Claims for asylum.--If an immigration officer
determines that an alien (other than an alien described in
subparagraph (F)) who is arriving in the United States or is
described in clause (iii) is inadmissible under section
212(a)(6)(C) or 212(a)(7) and the alien indicates either an
intention to apply for asylum under section 208 or a fear of
persecution, the officer shall refer the alien for an
interview by an asylum officer under subparagraph (B).
``(iii) Application to certain other aliens.--
``(I) In general.--The Attorney General may apply clauses
(i) and (ii) of this subparagraph to any or all aliens
described in subclause (II) as designated by the Attorney
General. Such designation shall be in the sole and
unreviewable discretion of the Attorney General and may be
modified at any time.
``(II) Aliens described.--An alien described in this clause
is an alien who is not described in subparagraph (F), who has
not been admitted or paroled into the United States, and who
has not affirmatively shown, to the satisfaction of an
immigration officer, that the alien has been physically
present in the United States continuously for the 2-year
period immediately prior to the date of the determination of
inadmissibility under this subparagraph.
``(B) Asylum interviews.--
``(i) Conduct by asylum officers.--An asylum officer shall
conduct interviews of aliens referred under subparagraph
(A)(ii), either at a port of entry or at such other place
designated by the Attorney General.
``(ii) Referral of certain aliens.--If the officer
determines at the time of the interview that an alien has a
credible fear of persecution (within the meaning of clause
(v)), the alien shall be detained for further consideration
of the application for asylum.
``(iii) Removal without further review if no credible fear
of persecution.--
``(I) In general.--Subject to subclause (III), if the
officer determines that an alien does not have a credible
fear of persecution, the officer shall order the alien
removed from the United States without further hearing or
review.
``(II) Record of determination.--The officer shall prepare
a written record of a determination under subclause (I). Such
record shall include a summary of the material facts as
stated by the applicant, such additional facts (if any)
relied upon by the officer, and the officer's analysis of
why, in the light of such facts, the alien has not
established a credible fear of persecution. A copy of the
officer's interview notes shall be attached to the written
summary.
``(III) Review of determination.--The Attorney General
shall provide by regulation and upon the alien's request for
prompt review by an immigration judge of a determination
under subclause (I) that the alien does not have a credible
fear of persecution. Such review shall include an opportunity
for the alien to be heard and questioned by the immigration
judge, either in person or by
[[Page 2632]]
telephonic or video connection. Review shall be concluded as
expeditiously as possible, to the maximum extent practicable
within 24 hours, but in no case later than 7 days after the
date of the determination under subclause (I).
``(IV) Mandatory detention.--Any alien subject to the
procedures under this clause shall be detained pending a
final determination of credible fear of persecution and, if
found not to have such a fear, until removed.
``(iv) Information about interviews.--The Attorney General
shall provide information concerning the asylum interview
described in this subparagraph to aliens who may be eligible.
An alien who is eligible for such interview may consult with
a person or persons of the alien's choosing prior to the
interview or any review thereof, according to regulations
prescribed by the Attorney General. Such consultation shall
be at no expense to the Government and shall not unreasonably
delay the process.
``(v) Credible fear of persecution defined.--For purposes
of this subparagraph, the term `credible fear of persecution'
means that there is a significant possibility, taking into
account the credibility of the statements made by the alien
in support of the alien's claim and such other facts as are
known to the officer, that the alien could establish
eligibility for asylum under section 208.
``(C) Limitation on administrative review.--Except as
provided in subparagraph (B)(iii)(III), a removal order
entered in accordance with subparagraph (A)(i) or (B)(iii)(I)
is not subject to administrative appeal, except that the
Attorney General shall provide by regulation for prompt
review of such an order under subparagraph (A)(i) against an
alien who claims under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code,
after having been warned of the penalties for falsely making
such claim under such conditions, to have been lawfully
admitted for permanent residence, to have been admitted as a
refugee under section 207, or to have been granted asylum
under section 208.
``(D) Limit on collateral attacks.--In any action brought
against an alien under section 275(a) or section 276, the
court shall not have jurisdiction to hear any claim attacking
the validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii).
``(E) Asylum officer defined.--As used in this paragraph,
the term `asylum officer' means an immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques comparable to that
provided to full-time adjudicators of applications under
section 208, and
``(ii) is supervised by an officer who meets the condition
described in clause (i) and has had substantial experience
adjudicating asylum applications.
``(F) Exception.--Subparagraph (A) shall not apply to an
alien who is a native or citizen of a country in the Western
Hemisphere with whose government the United States does not
have full diplomatic relations and who arrives by aircraft at
a port of entry.
``(2) Inspection of other aliens.--
``(A) In general.--Subject to subparagraphs (B) and (C), in
the case of an alien who is an applicant for admission, if
the examining immigration officer determines that an alien
seeking admission is not clearly and beyond a doubt entitled
to be admitted, the alien shall be detained for a proceeding
under section 240.
``(B) Exception.--Subparagraph (A) shall not apply to an
alien--
``(i) who is a crewman,
``(ii) to whom paragraph (1) applies, or
``(iii) who is a stowaway.
``(C) Treatment of aliens arriving from contiguous
territory.--In the case of an alien described in subparagraph
(A) who is arriving on land (whether or not at a designated
port of arrival) from a foreign territory contiguous to the
United States, the Attorney General may return the alien to
that territory pending a proceeding under section 240.
``(3) Challenge of decision.--The decision of the examining
immigration officer, if favorable to the admission of any
alien, shall be subject to challenge by any other immigration
officer and such challenge shall operate to take the alien
whose privilege to be admitted is so challenged, before an
immigration judge for a proceeding under section 240.
``(c) Removal of Aliens Inadmissible on Security and
Related Grounds.--
``(1) Removal without further hearing.--If an immigration
officer or an immigration judge suspects that an arriving
alien may be inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3), the officer
or judge shall--
``(A) order the alien removed, subject to review under
paragraph (2);
``(B) report the order of removal to the Attorney General;
and
``(C) not conduct any further inquiry or hearing until
ordered by the Attorney General.
``(2) Review of order.--(A) The Attorney General shall
review orders issued under paragraph (1).
``(B) If the Attorney General--
``(i) is satisfied on the basis of confidential information
that the alien is inadmissible under subparagraph (A) (other
than clause (ii)), (B), or (C) of section 212(a)(3), and
``(ii) after consulting with appropriate security agencies
of the United States Government, concludes that disclosure of
the information would be prejudicial to the public interest,
safety, or security,
the Attorney General may order the alien removed without
further inquiry or hearing by an immigration judge.
``(C) If the Attorney General does not order the removal of
the alien under subparagraph (B), the Attorney General shall
specify the further inquiry or hearing that shall be
conducted in the case.
``(3) Submission of statement and information.--The alien
or the alien's representative may submit a written statement
and additional information for consideration by the Attorney
General.
``(d) Authority Relating to Inspections.--
``(1) Authority to search conveyances.--Immigration
officers are authorized to board and search any vessel,
aircraft, railway car, or other conveyance or vehicle in
which they believe aliens are being brought into the United
States.
``(2) Authority to order detention and delivery of arriving
aliens.--Immigration officers are authorized to order an
owner, agent, master, commanding officer, person in charge,
purser, or consignee of a vessel or aircraft bringing an
alien (except an alien crewmember) to the United States--
``(A) to detain the alien on the vessel or at the airport
of arrival, and
``(B) to deliver the alien to an immigration officer for
inspection or to a medical officer for examination.
``(3) Administration of oath and consideration of
evidence.--The Attorney General and any immigration officer
shall have power to administer oaths and to take and consider
evidence of or from any person touching the privilege of any
alien or person he believes or suspects to be an alien to
enter, reenter, transit through, or reside in the United
States or concerning any matter which is material and
relevant to the enforcement of this Act and the
administration of the Service.
``(4) Subpoena authority.--(A) The Attorney General and any
immigration officer shall have power to require by subpoena
the attendance and testimony of witnesses before immigration
officers and the production of books, papers, and documents
relating to the privilege of any person to enter, reenter,
reside in, or pass through the United States or concerning
any matter which is material and relevant to the enforcement
of this Act and the administration of the Service, and to
that end may invoke the aid of any court of the United
States.
``(B) Any United States district court within the
jurisdiction of which investigations or inquiries are being
conducted by an immigration officer may, in the event of
neglect or refusal to respond to a subpoena issued under this
paragraph or refusal to testify before an immigration
officer, issue an order requiring such persons to appear
before an immigration officer, produce books, papers, and
documents if demanded, and testify, and any failure to obey
such order of the court may be punished by the court as a
contempt thereof.''.
(b) GAO Study on Operation of Expedited Removal
Procedures.--
(1) Study.--The Comptroller General shall conduct a study
on the implementation of the expedited removal procedures
under section 235(b)(1) of the Immigration and Nationality
Act, as amended by subsection (a). The study shall examine--
(A) the effectiveness of such procedures in deterring
illegal entry,
(B) the detention and adjudication resources saved as a
result of the procedures,
(C) the administrative and other costs expended to comply
with the provision,
(D) the effectiveness of such procedures in processing
asylum claims by undocumented aliens who assert a fear of
persecution, including the accuracy of credible fear
determinations, and
(E) the cooperation of other countries and air carriers in
accepting and returning aliens removed under such procedures.
(2) Report.--By not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall
submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report on the study
conducted under paragraph (1).
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED
SECTION 236).
(a) In General.--Section 236 (8 U.S.C. 1226) is amended to
read as follows:
``apprehension and detention of aliens
``Sec. 236. (a) Arrest, Detention, and Release.--On a
warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien
is to be removed from the United States. Except as provided
in subsection (c) and pending such decision, the Attorney
General--
``(1) may continue to detain the arrested alien; and
``(2) may release the alien on--
``(A) bond of at least $1,500 with security approved by,
and containing conditions prescribed by, the Attorney
General; or
``(B) conditional parole; but
``(3) may not provide the alien with work authorization
(including an `employment authorized' endorsement or other
appropriate work permit), unless the alien is lawfully
admitted for permanent residence or otherwise would (without
regard to removal proceedings) be provided such
authorization.
``(b) Revocation of Bond or Parole.--The Attorney General
at any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original
warrant, and detain the alien.
[[Page 2633]]
``(c) Detention of Criminal Aliens.--
``(1) Custody.--The Attorney General shall take into
custody any alien who--
``(A) is inadmissible by reason of having committed any
offense covered in section 212(a)(2),
``(B) is deportable by reason of having committed any
offense covered in section 237(a)(2)(A)(ii), (A)(iii), (B),
(C), or (D),
``(C) is deportable under section 237(a)(2)(A)(i) on the
basis of an offense for which the alien has been sentence to
a term of imprisonment of at least 1 year, or
``(D) is inadmissible under section 212(a)(3)(B) or
deportable under section 237(a)(4)(B),
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or
probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.
``(2) Release.--The Attorney General may release an alien
described in paragraph (1) only if the Attorney General
decides pursuant to section 3521 of title 18, United States
Code, that release of the alien from custody is necessary to
provide protection to a witness, a potential witness, a
person cooperating with an investigation into major criminal
activity, or an immediate family member or close associate of
a witness, potential witness, or person cooperating with such
an investigation, and the alien satisfies the Attorney
General that the alien will not pose a danger to the safety
of other persons or of property and is likely to appear for
any scheduled proceeding. A decision relating to such release
shall take place in accordance with a procedure that
considers the severity of the offense committed by the alien.
``(d) Identification of Criminal Aliens.--(1) The Attorney
General shall devise and implement a system--
``(A) to make available, daily (on a 24-hour basis), to
Federal, State, and local authorities the investigative
resources of the Service to determine whether individuals
arrested by such authorities for aggravated felonies are
aliens;
``(B) to designate and train officers and employees of the
Service to serve as a liaison to Federal, State, and local
law enforcement and correctional agencies and courts with
respect to the arrest, conviction, and release of any alien
charged with an aggravated felony; and
``(C) which uses computer resources to maintain a current
record of aliens who have been convicted of an aggravated
felony, and indicates those who have been removed.
``(2) The record under paragraph (1)(C) shall be made
available--
``(A) to inspectors at ports of entry and to border patrol
agents at sector headquarters for purposes of immediate
identification of any alien who was previously ordered
removed and is seeking to reenter the United States, and
``(B) to officials of the Department of State for use in
its automated visa lookout system.
``(3) Upon the request of the governor or chief executive
officer of any State, the Service shall provide assistance to
State courts in the identification of aliens unlawfully
present in the United States pending criminal prosecution.
``(e) Judicial Review.--The Attorney General's
discretionary judgment regarding the application of this
section shall not be subject to review. No court may set
aside any action or decision by the Attorney General under
this section regarding the detention or release of any alien
or the grant, revocation, or denial of bond or parole.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
become effective on the title III-A effective date.
(2) Notification regarding custody.--If the Attorney
General, not later than 10 days after the date of the
enactment of this Act, notifies in writing the Committees on
the Judiciary of the House of Representatives and the Senate
that there is insufficient detention space and Immigration
and Naturalization Service personnel available to carry out
section 236(c) of the Immigration and Nationality Act, as
amended by subsection (a), or the amendments made by section
440(c) of Public Law 104-132, the provisions in paragraph (3)
shall be in effect for a 1-year period beginning on the date
of such notification, instead of such section or such
amendments. The Attorney General may extend such 1-year
period for an additional year if the Attorney General
provides the same notice not later than 10 days before the
end of the first 1-year period. After the end of such 1-year
or 2-year periods, the provisions of such section 236(c)
shall apply to individuals released after such periods.
(3) Transition period custody rules.--
(A) In general.--During the period in which this paragraph
is in effect pursuant to paragraph (2), the Attorney General
shall take into custody any alien who--
(i) has been convicted of an aggravated felony (as defined
under section 101(a)(43) of the Immigration and Nationality
Act, as amended by section 321 of this division),
(ii) is inadmissible by reason of having committed any
offense covered in section 212(a)(2) of such Act,
(iii) is deportable by reason of having committed any
offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B),
(C), or (D) of such Act (before redesignation under this
subtitle), or
(iv) is inadmissible under section 212(a)(3)(B) of such Act
or deportable under section 241(a)(4)(B) of such Act (before
redesignation under this subtitle),
when the alien is released, without regard to whether the
alien is released on parole, supervised release, or
probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.
(B) Release.--The Attorney General may release the alien
only if the alien is an alien described in subparagraph
(A)(ii) or (A)(iii) and--
(i) the alien was lawfully admitted to the United States
and satisfies the Attorney General that the alien will not
pose a danger to the safety of other persons or of property
and is likely to appear for any scheduled proceeding, or
(ii) the alien was not lawfully admitted to the United
States, cannot be removed because the designated country of
removal will not accept the alien, and satisfies the Attorney
General that the alien will not pose a danger to the safety
of other persons or of property and is likely to appear for
any scheduled proceeding.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND
ADJUSTMENT OF STATUS; VOLUNTARY DEPARTURE
(REVISED AND NEW SECTIONS 239 TO 240C).
(a) In General.--Chapter 4 of title II is amended--
(1) by redesignating section 239 (8 U.S.C. 1229) as section
234 and by moving such section to immediately follow section
233;
(2) by redesignating section 240 (8 U.S.C. 1230) as section
240C; and
(3) by inserting after section 238 the following new
sections:
``initiation of removal proceedings
``Sec. 239. (a) Notice to Appear.--
``(1) In general.--In removal proceedings under section
240, written notice (in this section referred to as a `notice
to appear') shall be given in person to the alien (or, if
personal service is not practicable, through service by mail
to the alien or to the alien's counsel of record, if any)
specifying the following:
``(A) The nature of the proceedings against the alien.
``(B) The legal authority under which the proceedings are
conducted.
``(C) The acts or conduct alleged to be in violation of
law.
``(D) The charges against the alien and the statutory
provisions alleged to have been violated.
``(E) The alien may be represented by counsel and the alien
will be provided (i) a period of time to secure counsel under
subsection (b)(1) and (ii) a current list of counsel prepared
under subsection (b)(2).
``(F)(i) The requirement that the alien must immediately
provide (or have provided) the Attorney General with a
written record of an address and telephone number (if any) at
which the alien may be contacted respecting proceedings under
section 240.
``(ii) The requirement that the alien must provide the
Attorney General immediately with a written record of any
change of the alien's address or telephone number.
``(iii) The consequences under section 240(b)(5) of failure
to provide address and telephone information pursuant to this
subparagraph.
``(G)(i) The time and place at which the proceedings will
be held.
``(ii) The consequences under section 240(b)(5) of the
failure, except under exceptional circumstances, to appear at
such proceedings.
``(2) Notice of change in time or place of proceedings.--
``(A) In general.--In removal proceedings under section
240, in the case of any change or postponement in the time
and place of such proceedings, subject to subparagraph (B) a
written notice shall be given in person to the alien (or, if
personal service is not practicable, through service by mail
to the alien or to the alien's counsel of record, if any)
specifying--
``(i) the new time or place of the proceedings, and
``(ii) the consequences under section 240(b)(5) of failing,
except under exceptional circumstances, to attend such
proceedings.
``(B) Exception.--In the case of an alien not in detention,
a written notice shall not be required under this paragraph
if the alien has failed to provide the address required under
paragraph (1)(F).
``(3) Central address files.--The Attorney General shall
create a system to record and preserve on a timely basis
notices of addresses and telephone numbers (and changes)
provided under paragraph (1)(F).
``(b) Securing of Counsel.--
``(1) In general.--In order that an alien be permitted the
opportunity to secure counsel before the first hearing date
in proceedings under section 240, the hearing date shall not
be scheduled earlier than 10 days after the service of the
notice to appear, unless the alien requests in writing an
earlier hearing date.
``(2) Current lists of counsel.--The Attorney General shall
provide for lists (updated not less often than quarterly) of
persons who have indicated their availability to represent
pro bono aliens in proceedings under section 240. Such lists
shall be provided under subsection (a)(1)(E) and otherwise
made generally available.
``(3) Rule of construction.--Nothing in this subsection may
be construed to prevent the Attorney General from proceeding
against an alien pursuant to section 240 if the time period
described in paragraph (1) has elapsed and the alien has
failed to secure counsel.
``(c) Service by Mail.--Service by mail under this section
shall be sufficient if there
[[Page 2634]]
is proof of attempted delivery to the last address provided
by the alien in accordance with subsection (a)(1)(F).
``(d) Prompt Initiation of Removal.--(1) In the case of an
alien who is convicted of an offense which makes the alien
deportable, the Attorney General shall begin any removal
proceeding as expeditiously as possible after the date of the
conviction.
``(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
``removal proceedings
``Sec. 240. (a) Proceeding.--
``(1) In general.--An immigration judge shall conduct
proceedings for deciding the inadmissibility or deportability
of an alien.
``(2) Charges.--An alien placed in proceedings under this
section may be charged with any applicable ground of
inadmissibility under section 212(a) or any applicable ground
of deportability under section 237(a).
``(3) Exclusive procedures.--Unless otherwise specified in
this Act, a proceeding under this section shall be the sole
and exclusive procedure for determining whether an alien may
be admitted to the United States or, if the alien has been so
admitted, removed from the United States. Nothing in this
section shall affect proceedings conducted pursuant to
section 238.
``(b) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The immigration
judge shall administer oaths, receive evidence, and
interrogate, examine, and cross-examine the alien and any
witnesses. The immigration judge may issue subpoenas for the
attendance of witnesses and presentation of evidence. The
immigration judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by civil
money penalty any action (or inaction) in contempt of the
judge's proper exercise of authority under this Act.
``(2) Form of proceeding.--
``(A) In general.--The proceeding may take place--
``(i) in person,
``(ii) where agreed to by the parties, in the absence of
the alien,
``(iii) through video conference, or
``(iv) subject to subparagraph (B), through telephone
conference.
``(B) Consent required in certain cases.--An evidentiary
hearing on the merits may only be conducted through a
telephone conference with the consent of the alien involved
after the alien has been advised of the right to proceed in
person or through video conference.
``(3) Presence of alien.--If it is impracticable by reason
of an alien's mental incompetency for the alien to be present
at the proceeding, the Attorney General shall prescribe
safeguards to protect the rights and privileges of the alien.
``(4) Aliens rights in proceeding.--In proceedings under
this section, under regulations of the Attorney General--
``(A) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of
the alien's choosing who is authorized to practice in such
proceedings,
``(B) the alien shall have a reasonable opportunity to
examine the evidence against the alien, to present evidence
on the alien's own behalf, and to cross-examine witnesses
presented by the Government but these rights shall not
entitle the alien to examine such national security
information as the Government may proffer in opposition to
the alien's admission to the United States or to an
application by the alien for discretionary relief under this
Act, and
``(C) a complete record shall be kept of all testimony and
evidence produced at the proceeding.
``(5) Consequences of failure to appear.--
``(A) In general.--Any alien who, after written notice
required under paragraph (1) or (2) of section 239(a) has
been provided to the alien or the alien's counsel of record,
does not attend a proceeding under this section, shall be
ordered removed in absentia if the Service establishes by
clear, unequivocal, and convincing evidence that the written
notice was so provided and that the alien is removable (as
defined in subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient for purposes
of this subparagraph if provided at the most recent address
provided under section 239(a)(1)(F).
``(B) No notice if failure to provide address
information.--No written notice shall be required under
subparagraph (A) if the alien has failed to provide the
address required under section 239(a)(1)(F).
``(C) Rescission of order.--Such an order may be rescinded
only--
``(i) upon a motion to reopen filed within 180 days after
the date of the order of removal if the alien demonstrates
that the failure to appear was because of exceptional
circumstances (as defined in subsection (e)(1)), or
``(ii) upon a motion to reopen filed at any time if the
alien demonstrates that the alien did not receive notice in
accordance with paragraph (1) or (2) of section 239(a) or the
alien demonstrates that the alien was in Federal or State
custody and the failure to appear was through no fault of the
alien.
The filing of the motion to reopen described in clause (i) or
(ii) shall stay the removal of the alien pending disposition
of the motion by the immigration judge.
``(D) Effect on judicial review.--Any petition for review
under section 242 of an order entered in absentia under this
paragraph shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of the notice
provided to the alien, (ii) the reasons for the alien's not
attending the proceeding, and (iii) whether or not the alien
is removable.
``(E) Additional application to certain aliens in
contiguous territory.--The preceding provisions of this
paragraph shall apply to all aliens placed in proceedings
under this section, including any alien who remains in a
contiguous foreign territory pursuant to section
235(b)(2)(C).
``(6) Treatment of frivolous behavior.--The Attorney
General shall, by regulation--
``(A) define in a proceeding before an immigration judge or
before an appellate administrative body under this title,
frivolous behavior for which attorneys may be sanctioned,
``(B) specify the circumstances under which an
administrative appeal of a decision or ruling will be
considered frivolous and will be summarily dismissed, and
``(C) impose appropriate sanctions (which may include
suspension and disbarment) in the case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the
authority of the Attorney General to take actions with
respect to inappropriate behavior.
``(7) Limitation on discretionary relief for failure to
appear.--Any alien against whom a final order of removal is
entered in absentia under this subsection and who, at the
time of the notice described in paragraph (1) or (2) of
section 239(a), was provided oral notice, either in the
alien's native language or in another language the alien
understands, of the time and place of the proceedings and of
the consequences under this paragraph of failing, other than
because of exceptional circumstances (as defined in
subsection (e)(1)) to attend a proceeding under this section,
shall not be eligible for relief under section 240A, 240B,
245, 248, or 249 for a period of 10 years after the date of
the entry of the final order of removal.
``(c) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of the proceeding the
immigration judge shall decide whether an alien is removable
from the United States. The determination of the immigration
judge shall be based only on the evidence produced at the
hearing.
``(B) Certain medical decisions.--If a medical officer or
civil surgeon or board of medical officers has certified
under section 232(b) that an alien has a disease, illness, or
addiction which would make the alien inadmissible under
paragraph (1) of section 212(a), the decision of the
immigration judge shall be based solely upon such
certification.
``(2) Burden on alien.--In the proceeding the alien has the
burden of establishing--
``(A) if the alien is an applicant for admission, that the
alien is clearly and beyond doubt entitled to be admitted and
is not inadmissible under section 212; or
``(B) by clear and convincing evidence, that the alien is
lawfully present in the United States pursuant to a prior
admission.
In meeting the burden of proof under subparagraph (B), the
alien shall have access to the alien's visa or other entry
document, if any, and any other records and documents, not
considered by the Attorney General to be confidential,
pertaining to the alien's admission or presence in the United
States.
``(3) Burden on service in cases of deportable aliens.--
``(A) In general.--In the proceeding the Service has the
burden of establishing by clear and convincing evidence that,
in the case of an alien who has been admitted to the United
States, the alien is deportable. No decision on deportability
shall be valid unless it is based upon reasonable,
substantial, and probative evidence.
``(B) Proof of convictions.--In any proceeding under this
Act, any of the following documents or records (or a
certified copy of such an official document or record) shall
constitute proof of a criminal conviction:
``(i) An official record of judgment and conviction.
``(ii) An official record of plea, verdict, and sentence.
``(iii) A docket entry from court records that indicates
the existence of the conviction.
``(iv) Official minutes of a court proceeding or a
transcript of a court hearing in which the court takes notice
of the existence of the conviction.
``(v) An abstract of a record of conviction prepared by the
court in which the conviction was entered, or by a State
official associated with the State's repository of criminal
justice records, that indicates the charge or section of law
violated, the disposition of the case, the existence and date
of conviction, and the sentence.
``(vi) Any document or record prepared by, or under the
direction of, the court in which the conviction was entered
that indicates the existence of a conviction.
``(vii) Any document or record attesting to the conviction
that is maintained by an official of a State or Federal penal
institution, which is the basis for that institution's
authority to assume custody of the individual named in the
record.
``(C) Electronic records.--In any proceeding under this
Act, any record of conviction or abstract that has been
submitted by electronic means to the Service from a State or
court shall be admissible as evidence to prove a criminal
conviction if it is--
[[Page 2635]]
``(i) certified by a State official associated with the
State's repository of criminal justice records as an official
record from its repository or by a court official from the
court in which the conviction was entered as an official
record from its repository, and
``(ii) certified in writing by a Service official as having
been received electronically from the State's record
repository or the court's record repository.
A certification under clause (i) may be by means of a
computer-generated signature and statement of authenticity.
``(4) Notice.--If the immigration judge decides that the
alien is removable and orders the alien to be removed, the
judge shall inform the alien of the right to appeal that
decision and of the consequences for failure to depart under
the order of removal, including civil and criminal penalties.
``(5) Motions to reconsider.--
``(A) In general.--The alien may file one motion to
reconsider a decision that the alien is removable from the
United States.
``(B) Deadline.--The motion must be filed within 30 days of
the date of entry of a final administrative order of removal.
``(C) Contents.--The motion shall specify the errors of law
or fact in the previous order and shall be supported by
pertinent authority.
``(6) Motions to reopen.--
``(A) In general.--An alien may file one motion to reopen
proceedings under this section.
``(B) Contents.--The motion to reopen shall state the new
facts that will be proven at a hearing to be held if the
motion is granted, and shall be supported by affidavits or
other evidentiary material.
``(C) Deadline.--
``(i) In general.--Except as provided in this subparagraph,
the motion to reopen shall be filed within 90 days of the
date of entry of a final administrative order of removal.
``(ii) Asylum.--There is no time limit on the filing of a
motion to reopen if the basis of the motion is to apply for
relief under sections 208 or 241(b)(3) and is based on
changed country conditions arising in the country of
nationality or the country to which removal has been ordered,
if such evidence is material and was not available and would
not have been discovered or presented at the previous
proceeding.
``(iii) Failure to appear.--The filing of a motion to
reopen an order entered pursuant to subsection (b)(5) is
subject to the deadline specified in subparagraph (C) of such
subsection.
``(d) Stipulated Removal.--The Attorney General shall
provide by regulation for the entry by an immigration judge
of an order of removal stipulated to by the alien (or the
alien's representative) and the Service. A stipulated order
shall constitute a conclusive determination of the alien's
removability from the United States.
``(e) Definitions.--In this section and section 240A:
``(1) Exceptional circumstances.--The term `exceptional
circumstances' refers to exceptional circumstances (such as
serious illness of the alien or serious illness or death of
the spouse, child, or parent of the alien, but not including
less compelling circumstances) beyond the control of the
alien.
``(2) Removable.--The term `removable' means--
``(A) in the case of an alien not admitted to the United
States, that the alien is inadmissible under section 212, or
``(B) in the case of an alien admitted to the United
States, that the alien is deportable under section 237.
``cancellation of removal; adjustment of status
``Sec. 240A. (a) Cancellation of Removal for Certain
Permanent Residents.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(1) has been an alien lawfully admitted for permanent
residence for not less than 5 years,
``(2) has resided in the United States continuously for 7
years after having been admitted in any status, and
``(3) has not been convicted of any aggravated felony.
``(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable
from the United States if the alien--
``(A) has been physically present in the United States for
a continuous period of not less than 10 years immediately
preceding the date of such application;
``(B) has been a person of good moral character during such
period;
``(C) has not been convicted of an offense under section
212(a)(2), 237(a)(2), or 237(a)(3); and
``(D) establishes that removal would result in exceptional
and extremely unusual hardship to the alien's spouse, parent,
or child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
``(2) Special rule for battered spouse or child.--The
Attorney General may cancel removal in the case of an alien
who is inadmissible or deportable from the United States if
the alien demonstrates that--
``(A) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or parent who is a
United States citizen or lawful permanent resident (or is the
parent of a child of a United States citizen or lawful
permanent resident and the child has been battered or
subjected to extreme cruelty in the United States by such
citizen or permanent resident parent);
``(B) the alien has been physically present in the United
States for a continuous period of not less than 3 years
immediately preceding the date of such application;
``(C) the alien has been a person of good moral character
during such period;
``(D) the alien is not inadmissible under paragraph (2) or
(3) of section 212(a), is not deportable under paragraph
(1)(G) or (2) through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
``(E) the removal would result in extreme hardship to the
alien, the alien's child, or (in the case of an alien who is
a child) to the alien's parent.
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible
and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.
``(3) Adjustment of status.--The Attorney General may
adjust to the status of an alien lawfully admitted for
permanent residence any alien who the Attorney General
determines meets the requirements of paragraph (1) or (2).
The number of adjustments under this paragraph shall not
exceed 4,000 for any fiscal year. The Attorney General shall
record the alien's lawful admission for permanent residence
as of the date the Attorney General's cancellation of removal
under paragraph (1) or (2) or determination under this
paragraph.
``(c) Aliens Ineligible for Relief.--The provisions of
subsections (a) and (b)(1) shall not apply to any of the
following aliens:
``(1) An alien who entered the United States as a crewman
subsequent to June 30, 1964.
``(2) An alien who was admitted to the United States as a
nonimmigrant exchange alien as defined in section
101(a)(15)(J), or has acquired the status of such a
nonimmigrant exchange alien after admission, in order to
receive graduate medical education or training, regardless of
whether or not the alien is subject to or has fulfilled the
two-year foreign residence requirement of section 212(e).
``(3) An alien who--
``(A) was admitted to the United States as a nonimmigrant
exchange alien as defined in section 101(a)(15)(J) or has
acquired the status of such a nonimmigrant exchange alien
after admission other than to receive graduate medical
education or training,
``(B) is subject to the two-year foreign residence
requirement of section 212(e), and
``(C) has not fulfilled that requirement or received a
waiver thereof.
``(4) An alien who is inadmissible under section 212(a)(3)
or deportable under section 237(a)(4).
``(5) An alien who is described in section 241(b)(3)(B)(i).
``(6) An alien whose removal has previously been cancelled
under this section or whose deportation was suspended under
section 244(a) or who has been granted relief under section
212(c), as such sections were in effect before the date of
the enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(d) Special Rules Relating to Continuous Residence or
Physical Presence.--
``(1) Termination of continuous period.--For purposes of
this section, any period of continuous residence or
continuous physical presence in the United States shall be
deemed to end when the alien is served a notice to appear
under section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders the
alien inadmissible to the United States under section
212(a)(2) or removable from the United States under section
237(a)(2) or 237(a)(4), whichever is earliest.
``(2) Treatment of certain breaks in presence.--An alien
shall be considered to have failed to maintain continuous
physical presence in the United States under subsections
(b)(1) and (b)(2) if the alien has departed from the United
States for any period in excess of 90 days or for any periods
in the aggregate exceeding 180 days.
``(3) Continuity not required because of honorable service
in armed forces and presence upon entry into service.--The
requirements of continuous residence or continuous physical
presence in the United States under subsections (a) and (b)
shall not apply to an alien who--
``(A) has served for a minimum period of 24 months in an
active-duty status in the Armed Forces of the United States
and, if separated from such service, was separated under
honorable conditions, and
``(B) at the time of the alien's enlistment or induction
was in the United States.
``(e) Annual Limitation.--The Attorney General may not
cancel the removal and adjust the status under this section,
nor suspend the deportation and adjust the status under
section 244(a) (as in effect before the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996), of a total of more than 4,000 aliens in any fiscal
year. The previous sentence shall apply regardless of when an
alien applied for such cancellation and adjustment and
whether such an alien had previously applied
[[Page 2636]]
for suspension of deportation under such section 244(a).
``voluntary departure
``Sec. 240B. (a) Certain Conditions.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense under this subsection, in lieu of being subject to
proceedings under section 240 or prior to the completion of
such proceedings, if the alien is not deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)(B).
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 120
days.
``(3) Bond.--The Attorney General may require an alien
permitted to depart voluntarily under this subsection to post
a voluntary departure bond, to be surrendered upon proof that
the alien has departed the United States within the time
specified.
``(4) Treatment of aliens arriving in the united states.--
In the case of an alien who is arriving in the United States
and with respect to whom proceedings under section 240 are
(or would otherwise be) initiated at the time of such alien's
arrival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an alien from
withdrawing the application for admission in accordance with
section 235(a)(4).
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Attorney General may permit an alien
voluntarily to depart the United States at the alien's own
expense if, at the conclusion of a proceeding under section
240, the immigration judge enters an order granting voluntary
departure in lieu of removal and finds that--
``(A) the alien has been physically present in the United
States for a period of at least one year immediately
preceding the date the notice to appear was served under
section 239(a);
``(B) the alien is, and has been, a person of good moral
character for at least 5 years immediately preceding the
alien's application for voluntary departure;
``(C) the alien is not deportable under section
237(a)(2)(A)(iii) or section 237(a)(4); and
``(D) the alien has established by clear and convincing
evidence that the alien has the means to depart the United
States and intends to do so.
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 60 days.
``(3) Bond.--An alien permitted to depart voluntarily under
this subsection shall be required to post a voluntary
departure bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof that the
alien has departed the United States within the time
specified.
``(c) Aliens Not Eligible.--The Attorney General shall not
permit an alien to depart voluntarily under this section if
the alien was previously permitted to so depart after having
been found inadmissible under section 212(a)(6)(A).
``(d) Civil Penalty for Failure to Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time
period specified, the alien shall be subject to a civil
penalty of not less than $1,000 and not more than $5,000, and
be ineligible for a period of 10 years for any further relief
under this section and sections 240A, 245, 248, and 249. The
order permitting the alien to depart voluntarily shall inform
the alien of the penalties under this subsection.
``(e) Additional Conditions.--The Attorney General may by
regulation limit eligibility for voluntary departure under
this section for any class or classes of aliens. No court may
review any regulation issued under this subsection.
``(f) Judicial Review.--No court shall have jurisdiction
over an appeal from denial of a request for an order of
voluntary departure under subsection (b), nor shall any court
order a stay of an alien's removal pending consideration of
any claim with respect to voluntary departure.''.
(b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C.
1182(c)) is repealed.
(c) Streamlining Removal of Criminal Aliens.--
(1) In general.--Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)),
as amended by section 442(a) of Public Law 104-132 and before
redesignation by section 308(b)(5) of this division, is
amended--
(A) by striking subparagraph (D);
(B) by amending subparagraph (E) to read as follows:
``(D) a determination is made for the record that the
individual upon whom the notice for the proceeding under this
section is served (either in person or by mail) is, in fact,
the alien named in such notice;''; and
(C) by redesignating subparagraphs (F) and (G) as
subparagraph (E) and (F), respectively.
(2) Effective date.--The amendments made by paragraph (1)
shall be effective as if included in the enactment of section
442(a) of Public Law 104-132.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED
(NEW SECTION 241).
(a) In General.--Title II is further amended--
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C. 1251) as section
237 and by moving such section to immediately follow section
236, and
(3) by inserting after section 240C (as redesignated by
section 304(a)(2)) of this division the following new
section:
``detention and removal of aliens ordered removed
``Sec. 241. (a) Detention, Release, and Removal of Aliens
Ordered Removed.--
``(1) Removal period.--
``(A) In general.--Except as otherwise provided in this
section, when an alien is ordered removed, the Attorney
General shall remove the alien from the United States within
a period of 90 days (in this section referred to as the
`removal period').
``(B) Beginning of period.--The removal period begins on
the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the removal order is judicially reviewed and if a
court orders a stay of the removal of the alien, the date of
the court's final order.
``(iii) If the alien is detained or confined (except under
an immigration process), the date the alien is released from
detention or confinement.
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien fails
or refuses to make timely application in good faith for
travel or other documents necessary to the alien's departure
or conspires or acts to prevent the alien's removal subject
to an order of removal.
``(2) Detention.--During the removal period, the Attorney
General shall detain the alien. Under no circumstance during
the removal period shall the Attorney General release an
alien who has been found inadmissible under section 212(a)(2)
or 212(a)(3)(B) or deportable under section 237(a)(2) or
237(a)(4)(B).
``(3) Supervision after 90-day period.--If the alien does
not leave or is not removed within the removal period, the
alien, pending removal, shall be subject to supervision under
regulations prescribed by the Attorney General. The
regulations shall include provisions requiring the alien--
``(A) to appear before an immigration officer periodically
for identification;
``(B) to submit, if necessary, to a medical and psychiatric
examination at the expense of the United States Government;
``(C) to give information under oath about the alien's
nationality, circumstances, habits, associations, and
activities, and other information the Attorney General
considers appropriate; and
``(D) to obey reasonable written restrictions on the
alien's conduct or activities that the Attorney General
prescribes for the alien.
``(4) Aliens imprisoned, arrested, or on parole, supervised
release, or probation.--
``(A) In general.--Except as provided in section 343(a) of
the Public Health Service Act (42 U.S.C. 259(a)) and
paragraph (2), the Attorney General may not remove an alien
who is sentenced to imprisonment until the alien is released
from imprisonment. Parole, supervised release, probation, or
possibility of arrest or further imprisonment is not a reason
to defer removal.
``(B) Exception for removal of nonviolent offenders prior
to completion of sentence of imprisonment.--The Attorney
General is authorized to remove an alien in accordance with
applicable procedures under this Act before the alien has
completed a sentence of imprisonment--
``(i) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that (I)
the alien is confined pursuant to a final conviction for a
nonviolent offense (other than an offense related to
smuggling or harboring of aliens or an offense described in
section 101(a)(43)(B), (C), (E), (I), or (L) and (II) the
removal of the alien is appropriate and in the best interest
of the United States; or
``(ii) in the case of an alien in the custody of a State
(or a political subdivision of a State), if the chief State
official exercising authority with respect to the
incarceration of the alien determines that (I) the alien is
confined pursuant to a final conviction for a nonviolent
offense (other than an offense described in section
101(a)(43)(C) or (E)), (II) the removal is appropriate and in
the best interest of the State, and (III) submits a written
request to the Attorney General that such alien be so
removed.
``(C) Notice.--Any alien removed pursuant to this paragraph
shall be notified of the penalties under the laws of the
United States relating to the reentry of deported aliens,
particularly the expanded penalties for aliens removed under
subparagraph (B).
``(D) No private right.--No cause or claim may be asserted
under this paragraph against any official of the United
States or of any State to compel the release, removal, or
consideration for release or removal of any alien.
``(5) Reinstatement of removal orders against aliens
illegally reentering.--If the Attorney General finds that an
alien has reentered the United States illegally after having
been removed or having departed voluntarily, under an order
of removal, the prior order of removal is reinstated from its
original date and is not subject to being reopened or
reviewed, the alien is not eligible and may not apply for any
relief under this Act, and the alien shall be removed under
the prior order at any time after the reentry.
``(6) Inadmissible or criminal aliens.--An alien ordered
removed who is inadmissible under section 212, removable
under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who
has been determined by the Attorney General to be a risk to
the community or unlikely to comply with the order of
removal, may be detained beyond the removal period and, if
released, shall be subject to the terms of supervision in
paragraph (3).
[[Page 2637]]
``(7) Employment authorization.--No alien ordered removed
shall be eligible to receive authorization to be employed in
the United States unless the Attorney General makes a
specific finding that--
``(A) the alien cannot be removed due to the refusal of all
countries designated by the alien or under this section to
receive the alien, or
``(B) the removal of the alien is otherwise impracticable
or contrary to the public interest.
``(b) Countries to Which Aliens May Be Removed.--
``(1) Aliens arriving at the united states.--Subject to
paragraph (3)--
``(A) In general.--Except as provided by subparagraphs (B)
and (C), an alien who arrives at the United States and with
respect to whom proceedings under section 240 were initiated
at the time of such alien's arrival shall be removed to the
country in which the alien boarded the vessel or aircraft on
which the alien arrived in the United States.
``(B) Travel from contiguous territory.--If the alien
boarded the vessel or aircraft on which the alien arrived in
the United States in a foreign territory contiguous to the
United States, an island adjacent to the United States, or an
island adjacent to a foreign territory contiguous to the
United States, and the alien is not a native, citizen,
subject, or national of, or does not reside in, the territory
or island, removal shall be to the country in which the alien
boarded the vessel that transported the alien to the
territory or island.
``(C) Alternative countries.--If the government of the
country designated in subparagraph (A) or (B) is unwilling to
accept the alien into that country's territory, removal shall
be to any of the following countries, as directed by the
Attorney General:
``(i) The country of which the alien is a citizen, subject,
or national.
``(ii) The country in which the alien was born.
``(iii) The country in which the alien has a residence.
``(iv) A country with a government that will accept the
alien into the country's territory if removal to each country
described in a previous clause of this subparagraph is
impracticable, inadvisable, or impossible.
``(2) Other aliens.--Subject to paragraph (3)--
``(A) Selection of country by alien.--Except as otherwise
provided in this paragraph--
``(i) any alien not described in paragraph (1) who has been
ordered removed may designate one country to which the alien
wants to be removed, and
``(ii) the Attorney General shall remove the alien to the
country the alien so designates.
``(B) Limitation on designation.--An alien may designate
under subparagraph (A)(i) a foreign territory contiguous to
the United States, an adjacent island, or an island adjacent
to a foreign territory contiguous to the United States as the
place to which the alien is to be removed only if the alien
is a native, citizen, subject, or national of, or has resided
in, that designated territory or island.
``(C) Disregarding designation.--The Attorney General may
disregard a designation under subparagraph (A)(i) if--
``(i) the alien fails to designate a country promptly;
``(ii) the government of the country does not inform the
Attorney General finally, within 30 days after the date the
Attorney General first inquires, whether the government will
accept the alien into the country;
``(iii) the government of the country is not willing to
accept the alien into the country; or
``(iv) the Attorney General decides that removing the alien
to the country is prejudicial to the United States.
``(D) Alternative country.--If an alien is not removed to a
country designated under subparagraph (A)(i), the Attorney
General shall remove the alien to a country of which the
alien is a subject, national, or citizen unless the
government of the country--
``(i) does not inform the Attorney General or the alien
finally, within 30 days after the date the Attorney General
first inquires or within another period of time the Attorney
General decides is reasonable, whether the government will
accept the alien into the country; or
``(ii) is not willing to accept the alien into the country.
``(E) Additional removal countries.--If an alien is not
removed to a country under the previous subparagraphs of this
paragraph, the Attorney General shall remove the alien to any
of the following countries:
``(i) The country from which the alien was admitted to the
United States.
``(ii) The country in which is located the foreign port
from which the alien left for the United States or for a
foreign territory contiguous to the United States.
``(iii) A country in which the alien resided before the
alien entered the country from which the alien entered the
United States.
``(iv) The country in which the alien was born.
``(v) The country that had sovereignty over the alien's
birthplace when the alien was born.
``(vi) The country in which the alien's birthplace is
located when the alien is ordered removed.
``(vii) If impracticable, inadvisable, or impossible to
remove the alien to each country described in a previous
clause of this subparagraph, another country whose government
will accept the alien into that country.
``(F) Removal country when united states is at war.--When
the United States is at war and the Attorney General decides
that it is impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this subsection because
of the war, the Attorney General may remove the alien--
``(i) to the country that is host to a government in exile
of the country of which the alien is a citizen or subject if
the government of the host country will permit the alien's
entry; or
``(ii) if the recognized government of the country of which
the alien is a citizen or subject is not in exile, to a
country, or a political or territorial subdivision of a
country, that is very near the country of which the alien is
a citizen or subject, or, with the consent of the government
of the country of which the alien is a citizen or subject, to
another country.
``(3) Restriction on removal to a country where alien's
life or freedom would be threatened.--
``(A) In general.--Notwithstanding paragraphs (1) and (2),
the Attorney General may not remove an alien to a country if
the Attorney General decides that the alien's life or freedom
would be threatened in that country because of the alien's
race, religion, nationality, membership in a particular
social group, or political opinion.
``(B) Exception.--Subparagraph (A) does not apply to an
alien deportable under section 237(a)(4)(D) or if the
Attorney General decides that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of an individual because of
the individual's race, religion, nationality, membership in a
particular social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime is a danger to the community
of the United States;
``(iii) there are serious reasons to believe that the alien
committed a serious nonpolitical crime outside the United
States before the alien arrived in the United States; or
``(iv) there are reasonable grounds to believe that the
alien is a danger to the security of the United States.
For purposes of clause (ii), an alien who has been convicted
of an aggravated felony (or felonies) for which the alien has
been sentenced to an aggregate term of imprisonment of at
least 5 years shall be considered to have committed a
particularly serious crime. The previous sentence shall not
preclude the Attorney General from determining that,
notwithstanding the length of sentence imposed, an alien has
been convicted of a particularly serious crime. For purposes
of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect
to whom there are reasonable grounds for regarding as a
danger to the security of the United States.
``(c) Removal of Aliens Arriving at Port of Entry.--
``(1) Vessels and aircraft.--An alien arriving at a port of
entry of the United States who is ordered removed either
without a hearing under section 235(b)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival shall be removed immediately on
a vessel or aircraft owned by the owner of the vessel or
aircraft on which the alien arrived in the United States,
unless--
``(A) it is impracticable to remove the alien on one of
those vessels or aircraft within a reasonable time, or
``(B) the alien is a stowaway--
``(i) who has been ordered removed in accordance with
section 235(a)(1),
``(ii) who has requested asylum, and
``(iii) whose application has not been adjudicated or whose
asylum application has been denied but who has not exhausted
all appeal rights.
``(2) Stay of removal.--
``(A) In general.--The Attorney General may stay the
removal of an alien under this subsection if the Attorney
General decides that--
``(i) immediate removal is not practicable or proper; or
``(ii) the alien is needed to testify in the prosecution of
a person for a violation of a law of the United States or of
any State.
``(B) Payment of detention costs.--During the period an
alien is detained because of a stay of removal under
subparagraph (A)(ii), the Attorney General may pay from the
appropriation `Immigration and Naturalization Service--
Salaries and Expenses'--
``(i) the cost of maintenance of the alien; and
``(ii) a witness fee of $1 a day.
``(C) Release during stay.--The Attorney General may
release an alien whose removal is stayed under subparagraph
(A)(ii) on--
``(i) the alien's filing a bond of at least $500 with
security approved by the Attorney General;
``(ii) condition that the alien appear when required as a
witness and for removal; and
``(iii) other conditions the Attorney General may
prescribe.
``(3) Costs of detention and maintenance pending removal.--
``(A) In general.--Except as provided in subparagraph (B)
and subsection (d), an owner of a vessel or aircraft bringing
an alien to the United States shall pay the costs of
detaining and maintaining the alien--
``(i) while the alien is detained under subsection (d)(1),
and
[[Page 2638]]
``(ii) in the case of an alien who is a stowaway, while the
alien is being detained pursuant to--
``(I) subsection (d)(2)(A) or (d)(2)(B)(i),
``(II) subsection (d)(2)(B)(ii) or (iii) for the period of
time reasonably necessary for the owner to arrange for
repatriation or removal of the stowaway, including obtaining
necessary travel documents, but not to extend beyond the date
on which it is ascertained that such travel documents cannot
be obtained from the country to which the stowaway is to be
returned, or
``(III) section 235(b)(1)(B)(ii), for a period not to
exceed 15 days (excluding Saturdays, Sundays, and holidays)
commencing on the first such day which begins on the earlier
of 72 hours after the time of the initial presentation of the
stowaway for inspection or at the time the stowaway is
determined to have a credible fear of persecution.
``(B) Nonapplication.--Subparagraph (A) shall not apply
if--
``(i) the alien is a crewmember;
``(ii) the alien has an immigrant visa;
``(iii) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States and applies for admission not
later than 120 days after the date the visa or documentation
was issued;
``(iv) the alien has a reentry permit and applies for
admission not later than 120 days after the date of the
alien's last inspection and admission;
``(v)(I) the alien has a nonimmigrant visa or other
documentation authorizing the alien to apply for temporary
admission to the United States or a reentry permit;
``(II) the alien applies for admission more than 120 days
after the date the visa or documentation was issued or after
the date of the last inspection and admission under the
reentry permit; and
``(III) the owner of the vessel or aircraft satisfies the
Attorney General that the existence of the condition relating
to inadmissibility could not have been discovered by
exercising reasonable care before the alien boarded the
vessel or aircraft; or
``(vi) the individual claims to be a national of the United
States and has a United States passport.
``(d) Requirements of Persons Providing Transportation.--
``(1) Removal at time of arrival.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft bringing an alien (except an alien
crewmember) to the United States shall--
``(A) receive an alien back on the vessel or aircraft or
another vessel or aircraft owned or operated by the same
interests if the alien is ordered removed under this part;
and
``(B) take the alien to the foreign country to which the
alien is ordered removed.
``(2) Alien stowaways.--An owner, agent, master, commanding
officer, charterer, or consignee of a vessel or aircraft
arriving in the United States with an alien stowaway--
``(A) shall detain the alien on board the vessel or
aircraft, or at such place as the Attorney General shall
designate, until completion of the inspection of the alien by
an immigration officer;
``(B) may not permit the stowaway to land in the United
States, except pursuant to regulations of the Attorney
General temporarily--
``(i) for medical treatment,
``(ii) for detention of the stowaway by the Attorney
General, or
``(iii) for departure or removal of the stowaway; and
``(C) if ordered by an immigration officer, shall remove
the stowaway on the vessel or aircraft or on another vessel
or aircraft.
The Attorney General shall grant a timely request to remove
the stowaway under subparagraph (C) on a vessel or aircraft
other than that on which the stowaway arrived if the
requester has obtained any travel documents necessary for
departure or repatriation of the stowaway and removal of the
stowaway will not be unreasonably delayed.
``(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel, aircraft, or other transportation line shall comply
with an order of the Attorney General to take on board, guard
safely, and transport to the destination specified any alien
ordered to be removed under this Act.
``(e) Payment of Expenses of Removal.--
``(1) Costs of removal at time of arrival.--In the case of
an alien who is a stowaway or who is ordered removed either
without a hearing under section 235(a)(1) or 235(c) or
pursuant to proceedings under section 240 initiated at the
time of such alien's arrival, the owner of the vessel or
aircraft (if any) on which the alien arrived in the United
States shall pay the transportation cost of removing the
alien. If removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien arrived in
the United States, the Attorney General may--
``(A) pay the cost from the appropriation `Immigration and
Naturalization Service--Salaries and Expenses'; and
``(B) recover the amount of the cost in a civil action from
the owner, agent, or consignee of the vessel or aircraft (if
any) on which the alien arrived in the United States.
``(2) Costs of removal to port of removal for aliens
admitted or permitted to land.--In the case of an alien who
has been admitted or permitted to land and is ordered
removed, the cost (if any) of removal of the alien to the
port of removal shall be at the expense of the appropriation
for the enforcement of this Act.
``(3) Costs of removal from port of removal for aliens
admitted or permitted to land.--
``(A) Through appropriation.--Except as provided in
subparagraph (B), in the case of an alien who has been
admitted or permitted to land and is ordered removed, the
cost (if any) of removal of the alien from the port of
removal shall be at the expense of the appropriation for the
enforcement of this Act.
``(B) Through owner.--
``(i) In general.--In the case of an alien described in
clause (ii), the cost of removal of the alien from the port
of removal may be charged to any owner of the vessel,
aircraft, or other transportation line by which the alien
came to the United States.
``(ii) Aliens described.--An alien described in this clause
is an alien who--
``(I) is admitted to the United States (other than lawfully
admitted for permanent residence) and is ordered removed
within 5 years of the date of admission based on a ground
that existed before or at the time of admission, or
``(II) is an alien crewman permitted to land temporarily
under section 252 and is ordered removed within 5 years of
the date of landing.
``(C) Costs of removal of certain aliens granted voluntary
departure.--In the case of an alien who has been granted
voluntary departure under section 240B and who is financially
unable to depart at the alien's own expense and whose removal
the Attorney General deems to be in the best interest of the
United States, the expense of such removal may be paid from
the appropriation for the enforcement of this Act.
``(f) Aliens Requiring Personal Care During Removal.--
``(1) In general.--If the Attorney General believes that an
alien being removed requires personal care because of the
alien's mental or physical condition, the Attorney General
may employ a suitable person for that purpose who shall
accompany and care for the alien until the alien arrives at
the final destination.
``(2) Costs.--The costs of providing the service described
in paragraph (1) shall be defrayed in the same manner as the
expense of removing the accompanied alien is defrayed under
this section.
``(g) Places of Detention.--
``(1) In general.--The Attorney General shall arrange for
appropriate places of detention for aliens detained pending
removal or a decision on removal. When United States
Government facilities are unavailable or facilities adapted
or suitably located for detention are unavailable for rental,
the Attorney General may expend from the appropriation
`Immigration and Naturalization Service--Salaries and
Expenses', without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5), amounts necessary to acquire land and
to acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers if not
otherwise available) necessary for detention.
``(2) Detention facilities of the immigration and
naturalization service.--Prior to initiating any project for
the construction of any new detention facility for the
Service, the Commissioner shall consider the availability for
purchase or lease of any existing prison, jail, detention
center, or other comparable facility suitable for such use.
``(h) Statutory Construction.--Nothing in this section
shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any
other person.''.
(b) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended
by section 321(b) of this division, is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3), and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) who was removed from the United States pursuant to
section 241(a)(4)(B) who thereafter, without the permission
of the Attorney General, enters, attempts to enter, or is at
any time found in, the United States (unless the Attorney
General has expressly consented to such alien's reentry)
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(c) Miscellaneous Conforming Amendment.--Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a) of this
division, is amended by striking ``241(a)(5)(B)'' each place
it appears and inserting ``237(a)(5)(B)''.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).
(a) In General.--Section 242 (8 U.S.C. 1252) is amended--
(1) by redesignating subsection (j) as subsection (i) and
by moving such subsection and adding it at the end of section
241, as inserted by section 305(a)(3) of this division; and
(2) by amending the remainder of section 242 to read as
follows:
``judicial review of orders of removal
``Sec. 242. (a) Applicable Provisions.--
``(1) General orders of removal.--Judicial review of a
final order of removal (other than an order of removal
without a hearing pursuant to section 235(b)(1)) is governed
only by chapter 158 of title 28 of the United States Code,
except as provided in subsection (b) and except that the
court may not order the taking of additional evidence under
section 2347(c) of such title.
[[Page 2639]]
``(2) Matters not subject to judicial review.--
``(A) Review relating to section 235(b)(1).--
Notwithstanding any other provision of law, no court shall
have jurisdiction to review--
``(i) except as provided in subsection (e), any individual
determination or to entertain any other cause or claim
arising from or relating to the implementation or operation
of an order of removal pursuant to section 235(b)(1),
``(ii) except as provided in subsection (e), a decision by
the Attorney General to invoke the provisions of such
section,
``(iii) the application of such section to individual
aliens, including the determination made under section
235(b)(1)(B), or
``(iv) except as provided in subsection (e), procedures and
policies adopted by the Attorney General to implement the
provisions of section 235(b)(1).
``(B) Denials of discretionary relief.--Notwithstanding any
other provision of law, no court shall have jurisdiction to
review--
``(i) any judgment regarding the granting of relief under
section 212(h), 212(i), 240A, 240B, or 245, or
``(ii) any other decision or action of the Attorney General
the authority for which is specified under this title to be
in the discretion of the Attorney General, other than the
granting of relief under section 208(a).
``(C) Orders against criminal aliens.--Notwithstanding any
other provision of law, no court shall have jurisdiction to
review any final order of removal against an alien who is
removable by reason of having committed a criminal offense
covered in section 212(a)(2) or 237(a)(2)(A)(iii), (B), (C),
or (D), or any offense covered by section 237(a)(2)(A)(ii)
for which both predicate offenses are, without regard to
their date of commission, otherwise covered by section
237(a)(2)(A)(i).
``(3) Treatment of certain decisions.--No alien shall have
a right to appeal from a decision of an immigration judge
which is based solely on a certification described in section
240(c)(1)(B).
``(b) Requirements for Review of Orders of Removal.--With
respect to review of an order of removal under subsection
(a)(1), the following requirements apply:
``(1) Deadline.--The petition for review must be filed not
later than 30 days after the date of the final order of
removal.
``(2) Venue and forms.--The petition for review shall be
filed with the court of appeals for the judicial circuit in
which the immigration judge completed the proceedings. The
record and briefs do not have to be printed. The court of
appeals shall review the proceeding on a typewritten record
and on typewritten briefs.
``(3) Service.--
``(A) In general.--The respondent is the Attorney General.
The petition shall be served on the Attorney General and on
the officer or employee of the Service in charge of the
Service district in which the final order of removal under
section 240 was entered.
``(B) Stay of order.--Service of the petition on the
officer or employee does not stay the removal of an alien
pending the court's decision on the petition, unless the
court orders otherwise.
``(C) Alien's brief.--The alien shall serve and file a
brief in connection with a petition for judicial review not
later than 40 days after the date on which the administrative
record is available, and may serve and file a reply brief not
later than 14 days after service of the brief of the Attorney
General, and the court may not extend these deadlines except
upon motion for good cause shown. If an alien fails to file a
brief within the time provided in this paragraph, the court
shall dismiss the appeal unless a manifest injustice would
result.
``(4) Scope and standard for review.--Except as provided in
paragraph (5)(B)--
``(A) the court of appeals shall decide the petition only
on the administrative record on which the order of removal is
based,
``(B) the administrative findings of fact are conclusive
unless any reasonable adjudicator would be compelled to
conclude to the contrary,
``(C) a decision that an alien is not eligible for
admission to the United States is conclusive unless
manifestly contrary to law, and
``(D) the Attorney General's discretionary judgment whether
to grant relief under section 208(a) shall be conclusive
unless manifestly contrary to the law and an abuse of
discretion.
``(5) Treatment of nationality claims.--
``(A) Court determination if no issue of fact.--If the
petitioner claims to be a national of the United States and
the court of appeals finds from the pleadings and affidavits
that no genuine issue of material fact about the petitioner's
nationality is presented, the court shall decide the
nationality claim.
``(B) Transfer if issue of fact.--If the petitioner claims
to be a national of the United States and the court of
appeals finds that a genuine issue of material fact about the
petitioner's nationality is presented, the court shall
transfer the proceeding to the district court of the United
States for the judicial district in which the petitioner
resides for a new hearing on the nationality claim and a
decision on that claim as if an action had been brought in
the district court under section 2201 of title 28, United
States Code.
``(C) Limitation on determination.--The petitioner may have
such nationality claim decided only as provided in this
paragraph.
``(6) Consolidation with review of motions to reopen or
reconsider.--When a petitioner seeks review of an order under
this section, any review sought of a motion to reopen or
reconsider the order shall be consolidated with the review of
the order.
``(7) Challenge to validity of orders in certain criminal
proceedings.--
``(A) In general.--If the validity of an order of removal
has not been judicially decided, a defendant in a criminal
proceeding charged with violating section 243(a) may
challenge the validity of the order in the criminal
proceeding only by filing a separate motion before trial. The
district court, without a jury, shall decide the motion
before trial.
``(B) Claims of united states nationality.--If the
defendant claims in the motion to be a national of the United
States and the district court finds that--
``(i) no genuine issue of material fact about the
defendant's nationality is presented, the court shall decide
the motion only on the administrative record on which the
removal order is based and the administrative findings of
fact are conclusive if supported by reasonable, substantial,
and probative evidence on the record considered as a whole;
or
``(ii) a genuine issue of material fact about the
defendant's nationality is presented, the court shall hold a
new hearing on the nationality claim and decide that claim as
if an action had been brought under section 2201 of title 28,
United States Code.
The defendant may have such nationality claim decided only as
provided in this subparagraph.
``(C) Consequence of invalidation.--If the district court
rules that the removal order is invalid, the court shall
dismiss the indictment for violation of section 243(a). The
United States Government may appeal the dismissal to the
court of appeals for the appropriate circuit within 30 days
after the date of the dismissal.
``(D) Limitation on filing petitions for review.--The
defendant in a criminal proceeding under section 243(a) may
not file a petition for review under subsection (a) during
the criminal proceeding.
``(8) Construction.--This subsection--
``(A) does not prevent the Attorney General, after a final
order of removal has been issued, from detaining the alien
under section 241(a);
``(B) does not relieve the alien from complying with
section 241(a)(4) and section 243(g); and
``(C) does not require the Attorney General to defer
removal of the alien.
``(9) Consolidation of questions for judicial review.--
Judicial review of all questions of law and fact, including
interpretation and application of constitutional and
statutory provisions, arising from any action taken or
proceeding brought to remove an alien from the United States
under this title shall be available only in judicial review
of a final order under this section.
``(c) Requirements for Petition.--A petition for review or
for habeas corpus of an order of removal--
``(1) shall attach a copy of such order, and
``(2) shall state whether a court has upheld the validity
of the order, and, if so, shall state the name of the court,
the date of the court's ruling, and the kind of proceeding.
``(d) Review of Final Orders.--A court may review a final
order of removal only if--
``(1) the alien has exhausted all administrative remedies
available to the alien as of right, and
``(2) another court has not decided the validity of the
order, unless the reviewing court finds that the petition
presents grounds that could not have been presented in the
prior judicial proceeding or that the remedy provided by the
prior proceeding was inadequate or ineffective to test the
validity of the order.
``(e) Judicial Review of Orders Under Section 235(b)(1).--
``(1) Limitations on relief.--Without regard to the nature
of the action or claim and without regard to the identity of
the party or parties bringing the action, no court may--
``(A) enter declaratory, injunctive, or other equitable
relief in any action pertaining to an order to exclude an
alien in accordance with section 235(b)(1) except as
specifically authorized in a subsequent paragraph of this
subsection, or
``(B) certify a class under Rule 23 of the Federal Rules of
Civil Procedure in any action for which judicial review is
authorized under a subsequent paragraph of this subsection.
``(2) Habeas corpus proceedings.--Judicial review of any
determination made under section 235(b)(1) is available in
habeas corpus proceedings, but shall be limited to
determinations of--
``(A) whether the petitioner is an alien,
``(B) whether the petitioner was ordered removed under such
section, and
``(C) whether the petitioner can prove by a preponderance
of the evidence that the petitioner is an alien lawfully
admitted for permanent residence, has been admitted as a
refugee under section 207, or has been granted asylum under
section 208, such status not having been terminated, and is
entitled to such further inquiry as prescribed by the
Attorney General pursuant to section 235(b)(1)(C).
``(3) Challenges on validity of the system.--
``(A) In general.--Judicial review of determinations under
section 235(b) and its implementation is available in an
action instituted in the United States District Court for the
District of Columbia, but shall be limited to determinations
of--
[[Page 2640]]
``(i) whether such section, or any regulation issued to
implement such section, is constitutional; or
``(ii) whether such a regulation, or a written policy
directive, written policy guideline, or written procedure
issued by or under the authority of the Attorney General to
implement such section, is not consistent with applicable
provisions of this title or is otherwise in violation of law.
``(B) Deadlines for bringing actions.--Any action
instituted under this paragraph must be filed no later than
60 days after the date the challenged section, regulation,
directive, guideline, or procedure described in clause (i) or
(ii) of subparagraph (A) is first implemented.
``(C) Notice of appeal.--A notice of appeal of an order
issued by the District Court under this paragraph may be
filed not later than 30 days after the date of issuance of
such order.
``(D) Expeditious consideration of cases.--It shall be the
duty of the District Court, the Court of Appeals, and the
Supreme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the
disposition of any case considered under this paragraph.
``(4) Decision.--In any case where the court determines
that the petitioner--
``(A) is an alien who was not ordered removed under section
235(b)(1), or
``(B) has demonstrated by a preponderance of the evidence
that the alien is an alien lawfully admitted for permanent
residence, has been admitted as a refugee under section 207,
or has been granted asylum under section 208,
the court may order no remedy or relief other than to require
that the petitioner be provided a hearing in accordance with
section 240. Any alien who is provided a hearing under
section 240 pursuant to this paragraph may thereafter obtain
judicial review of any resulting final order of removal
pursuant to subsection (a)(1).
``(5) Scope of inquiry.--In determining whether an alien
has been ordered removed under section 235(b)(1), the court's
inquiry shall be limited to whether such an order in fact was
issued and whether it relates to the petitioner. There shall
be no review of whether the alien is actually inadmissible or
entitled to any relief from removal.
``(f) Limit on Injunctive Relief.--
(1) In general.--Regardless of the nature of the action or
claim or of the identity of the party or parties bringing the
action, no court (other than the Supreme Court) shall have
jurisdiction or authority to enjoin or restrain the operation
of the provisions of chapter 4 of title II, as amended by the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, other than with respect to the application of such
provisions to an individual alien against whom proceedings
under such chapter have been initiated.
(2) Particular cases.--Notwithstanding any other provision
of law, no court shall enjoin the removal of any alien
pursuant to a final order under this section unless the alien
shows by clear and convincing evidence that the entry or
execution of such order is prohibited as a matter of law.
``(g) Exclusive Jurisdiction.--Except as provided in this
section and notwithstanding any other provision of law, no
court shall have jurisdiction to hear any cause or claim by
or on behalf of any alien arising from the decision or action
by the Attorney General to commence proceedings, adjudicate
cases, or execute removal orders against any alien under this
Act.''.
(b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is
repealed.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsections (a) and (b) shall apply to all final
orders of deportation or removal and motions to reopen filed
on or after the date of the enactment of this Act and
subsection (g) of section 242 of the Immigration and
Nationality Act (as added by subsection (a)), shall apply
without limitation to claims arising from all past, pending,
or future exclusion, deportation, or removal proceedings
under such Act.
(2) Limitation.--Paragraph (1) shall not be considered to
invalidate or to require the reconsideration of any judgment
or order entered under section 106 of the Immigration and
Nationality Act, as amended by section 440 of Public Law 104-
132.
(d) Technical Amendment.--Effective as if included in the
enactment of the Antiterrorism and Effective Death Penalty
Act of 1996 (Public Law 104-132), subsections (a), (c), (d),
(g), and (h) of section 440 of such Act are amended by
striking ``any offense covered by section 241(a)(2)(A)(ii)
for which both predicate offenses are covered by section
241(a)(2)(A)(i)'' and inserting ``any offense covered by
section 241(a)(2)(A)(ii) for which both predicate offenses
are, without regard to the date of their commission,
otherwise covered by section 241(a)(2)(A)(i)''.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION
243).
(a) In General.--Section 243 (8 U.S.C. 1253) is amended to
read as follows:
``penalties related to removal
``Sec. 243. (a) Penalty for Failure to Depart.--
``(1) In general.--Any alien against whom a final order of
removal is outstanding by reason of being a member of any of
the classes described in section 237(a), who--
``(A) willfully fails or refuses to depart from the United
States within a period of 90 days from the date of the final
order of removal under administrative processes, or if
judicial review is had, then from the date of the final order
of the court,
``(B) willfully fails or refuses to make timely application
in good faith for travel or other documents necessary to the
alien's departure,
``(C) connives or conspires, or takes any other action,
designed to prevent or hamper or with the purpose of
preventing or hampering the alien's departure pursuant to
such, or
``(D) willfully fails or refuses to present himself or
herself for removal at the time and place required by the
Attorney General pursuant to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if the alien
is a member of any of the classes described in paragraph
(1)(E), (2), (3), or (4) of section 237(a)), or both.
``(2) Exception.--It is not a violation of paragraph (1) to
take any proper steps for the purpose of securing
cancellation of or exemption from such order of removal or
for the purpose of securing the alien's release from
incarceration or custody.
``(3) Suspension.--The court may for good cause suspend the
sentence of an alien under this subsection and order the
alien's release under such conditions as the court may
prescribe. In determining whether good cause has been shown
to justify releasing the alien, the court shall take into
account such factors as--
``(A) the age, health, and period of detention of the
alien;
``(B) the effect of the alien's release upon the national
security and public peace or safety;
``(C) the likelihood of the alien's resuming or following a
course of conduct which made or would make the alien
deportable;
``(D) the character of the efforts made by such alien
himself and by representatives of the country or countries to
which the alien's removal is directed to expedite the alien's
departure from the United States;
``(E) the reason for the inability of the Government of the
United States to secure passports, other travel documents, or
removal facilities from the country or countries to which the
alien has been ordered removed; and
``(F) the eligibility of the alien for discretionary relief
under the immigration laws.
``(b) Willful Failure to Comply with Terms of Release Under
Supervision.--An alien who shall willfully fail to comply
with regulations or requirements issued pursuant to section
241(a)(3) or knowingly give false information in response to
an inquiry under such section shall be fined not more than
$1,000 or imprisoned for not more than one year, or both.
``(c) Penalties Relating to Vessels and Aircraft.--
``(1) Civil penalties.--
``(A) Failure to carry out certain orders.--If the Attorney
General is satisfied that a person has violated subsection
(d) or (e) of section 241, the person shall pay to the
Commissioner the sum of $2,000 for each violation.
``(B) Failure to remove alien stowaways.--If the Attorney
General is satisfied that a person has failed to remove an
alien stowaway as required under section 241(d)(2), the
person shall pay to the Commissioner the sum of $5,000 for
each alien stowaway not removed.
``(C) No compromise.--The Attorney General may not
compromise the amount of such penalty under this paragraph.
``(2) Clearing vessels and aircraft.--
``(A) Clearance before decision on liability.--A vessel or
aircraft may be granted clearance before a decision on
liability is made under paragraph (1) only if a bond approved
by the Attorney General or an amount sufficient to pay the
civil penalty is deposited with the Commissioner.
``(B) Prohibition on clearance while penalty unpaid.--A
vessel or aircraft may not be granted clearance if a civil
penalty imposed under paragraph (1) is not paid.
``(d) Discontinuing Granting Visas to Nationals of Country
Denying or Delaying Accepting Alien.--On being notified by
the Attorney General that the government of a foreign country
denies or unreasonably delays accepting an alien who is a
citizen, subject, national, or resident of that country after
the Attorney General asks whether the government will accept
the alien under this section, the Secretary of State shall
order consular officers in that foreign country to
discontinue granting immigrant visas or nonimmigrant visas,
or both, to citizens, subjects, nationals, and residents of
that country until the Attorney General notifies the
Secretary that the country has accepted the alien.''.
SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER
PROVISIONS; ADDITIONAL CONFORMING AMENDMENTS.
(a) Conforming Amendment to Table of Contents; Overview of
Reorganized Chapters.--The table of contents, as amended by
sections 123(b) and 671(e)(1) of this division, is amended--
(1) by striking the item relating to section 106, and
(2) by striking the item relating to chapter 4 of title II
and all that follows through the item relating to section
244A and inserting the following:
[[Page 2641]]
``chapter 4--inspection, apprehension, examination, exclusion, and
removal
``Sec. 231. Lists of alien and citizen passengers arriving or
departing; record of resident aliens and citizens leaving
permanently for foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent
islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil
aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for hearing.
``Sec. 235A. Preinspection at foreign airports.
``Sec. 236. Apprehension and detention of aliens not lawfully in the
United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing
aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.
``chapter 5--adjustment and change of status''.
(b) Reorganization of Other Provisions.--Chapters 4 and 5
of title II are amended as follows:
(1) Amending chapter heading.--Amend the heading for
chapter 4 of title II to read as follows:
``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal''.
(2) Redesignating section 232 as section 232(a).--Amend
section 232 (8 U.S.C. 1222)--
(A) by inserting ``(a) Detention of Aliens.--'' after
``Sec. 232.'', and
(B) by amending the section heading to read as follows:
``detention of aliens for physical and mental examination''.
(3) Redesignating section 234 as section 232(b).--Amend
section 234 (8 U.S.C. 1224)--
(A) by striking the heading,
(B) by striking ``Sec. 234.'' and inserting the following:
``(b) Physical and Mental Examination.--'', and
(C) by moving such provision to the end of section 232.
(4) Redesignating section 238 as section 233.--Redesignate
section 238 (8 U.S.C. 1228) as section 233 and move the
section to immediately follow section 232.
(5) Redesignating section 242a as section 238.--Redesignate
section 242A as section 238, strike ``deportation'' in its
heading and insert ``removal'', and move the section to
immediately follow section 237 (as redesignated by section
305(a)(2)).
(6) Striking section 242b.--Strike section 242B (8 U.S.C.
1252b).
(7) Striking section 244 and redesignating section 244a as
section 244.--Strike section 244 (8 U.S.C. 1254) and
redesignate section 244A as section 244.
(8) Amending chapter heading.--Amend the heading for
chapter 5 of title II to read as follows:
``Chapter 5--Adjustment and Change of Status''.
(c) Additional Conforming Amendments.--
(1) Expedited procedures for aggravated felons (former
section 242a).--Section 238 (which, previous to redesignation
under section 308(b)(5) of this division, was section 242A)
is amended--
(A) in subsection (a)(1), by striking ``section 242'' and
inserting ``section 240'';
(B) in subsection (a)(2), by striking ``section 242(a)(2)''
and inserting ``section 236(c)''; and
(C) in subsection (b)(1), by striking ``section
241(a)(2)(A)(iii)'' and inserting ``section
237(a)(2)(A)(iii)''.
(2) Treatment of certain helpless aliens.--
(A) Certification of helpless aliens.--Section 232 (8
U.S.C. 1222), as amended by section 308(b)(2) of this
division, is further amended by adding at the end the
following new subsection:
``(c) Certification of Certain Helpless Aliens.--If an
examining medical officer determines that an alien arriving
in the United States is inadmissible, is helpless from
sickness, mental or physical disability, or infancy, and is
accompanied by another alien whose protection or guardianship
may be required, the officer may certify such fact for
purposes of applying section 212(a)(10)(B) with respect to
the other alien.''.
(B) Ground of inadmissibility for protection and
guardianship of aliens denied admission for health or
infancy.--Subparagraph (B) of section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section 301(a)(1) of this
division, is amended to read as follows:
``(B) Guardian required to accompany helpless alien.--Any
alien--
``(i) who is accompanying another alien who is inadmissible
and who is certified to be helpless from sickness, mental or
physical disability, or infancy pursuant to section 232(c),
and
``(ii) whose protection or guardianship is determined to be
required by the alien described in clause (i),
is inadmissible.''.
(3) Contingent consideration in relation to removal of
aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
(A) by inserting ``(1)'' after ``(a)'', and
(B) by adding at the end the following new paragraph:
``(2) It is unlawful for an owner, agent, master,
commanding officer, person in charge, purser, or consignee of
a vessel or aircraft who is bringing an alien (except an
alien crewmember) to the United States to take any
consideration to be kept or returned contingent on whether an
alien is admitted to, or ordered removed from, the United
States.''.
(4) Clarification.--(A) Section 238(a)(1), which, previous
to redesignation under section 308(b)(5) of this division,
was section 242A(a)(1), is amended by adding at the end the
following: ``Nothing in this section shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.''.
(B) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) is
amended by striking ``and nothing in'' and all that follows
up to ``shall''.
(d) Additional Conforming Amendments Relating to Exclusion
and Inadmissibility.--
(1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is
amended--
(A) in the heading, by striking ``excluded from'' and
inserting ``ineligible for'';
(B) in the matter in subsection (a) before paragraph (1),
by striking all that follows ``(a)'' and inserting the
following: ``Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:'';
(C) in subsection (a), by striking ``is excludable'' and
inserting ``is inadmissible'' each place it appears;
(D) in subsections (a)(5)(C) (before redesignation by
section 343(c)(1) of this division), (d)(1), and (k), by
striking ``exclusion'' and inserting ``inadmissibility'';
(E) in subsections (b), (d)(3), (h)(1)(A)(i), and (k), by
striking ``excludable'' each place it appears and inserting
``inadmissible'';
(F) in subsection (b)(2), by striking ``or ineligible for
entry'';
(G) in subsection (d)(7), by striking ``excluded from'' and
inserting ``denied''; and
(H) in subsection (h)(1)(B), by striking ``exclusion'' and
inserting ``denial of admission''.
(2) Section 241.--Section 241 (8 U.S.C. 1251), before
redesignation as section 237 by section 305(a)(2) of this
division, is amended--
(A) in subsection (a)(1)(H), by striking ``excludable'' and
inserting ``inadmissible'';
(B) in subsection (a)(4)(C)(ii), by striking
``excludability'' and inserting ``inadmissibility'';
(C) in subsection (c), by striking ``exclusion'' and
inserting ``inadmissibility''; and
(D) effective upon enactment of this Act, by striking
subsection (d), as added by section 414(a) of the
Antiterrorism and Effective Death Penalty Act of 1996 (P.L.
104-132).
(3) Other general references.--The following provisions are
amended by striking ``excludability'' and ``excludable'' each
place each appears and inserting ``inadmissibility'' and
``inadmissible'', respectively:
(A) Sections 101(f)(3), 213, 234 (before redesignation by
section 308(b) of this division), 241(a)(1) (before
redesignation by section 305(a)(2) of this division), 272(a),
277, 286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act of 1990.
(C) Section 128 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138).
(D) Section 1073 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337).
(E) Section 221 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416).
(4) Related terms.--
(A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is amended by
striking ``or expulsion'' and inserting ``expulsion, or
removal''.
(B) Section 102 (8 U.S.C. 1102) is amended by striking
``exclusion or deportation'' and inserting ``removal''.
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ``been excluded or deported'' and inserting ``not
been admitted or have been removed''.
(D) Section 206 (8 U.S.C. 1156) is amended by striking
``excluded from admission to the United States and deported''
and inserting ``denied admission to the United States and
removed''.
(E) Section 216(f) (8 U.S.C. 1186a) is amended by striking
``exclusion'' and inserting ``inadmissibility''.
(F) Section 217 (8 U.S.C. 1187) is amended by striking
``excluded from admission'' and inserting ``denied admission
at the time of arrival'' each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is amended by striking
``exclude'' and inserting ``deny admission to''.
(H) Section 232(a) (8 U.S.C. 1222(a)), as redesignated by
subsection (b)(2), is amended by striking ``excluded by'' and
``the excluded classes'' and inserting ``inadmissible under''
and ``inadmissible classes'', respectively.
[[Page 2642]]
(I)(i) Section 272 (8 U.S.C. 1322) is amended--
(I) by striking ``exclusion'' in the heading and inserting
``denial of admission'',
(II) in subsection (a), by striking ``excluding condition''
and inserting ``condition causing inadmissibility'', and
(III) in subsection (c), by striking ``excluding''.
(ii) The item in the table of contents relating to such
section is amended by striking ``exclusion'' and inserting
``denial of admission''.
(J) Section 276(a) (8 U.S.C. 1326(a)) is amended--
(i) in paragraph (1), as amended by section 324(a) of this
division--
(I) by striking ``arrested and deported, has been excluded
and deported,'' and inserting ``denied admission, excluded,
deported, or removed'', and
(II) by striking ``exclusion or deportation'' and inserting
``exclusion, deportation, or removal''; and
(ii) in paragraph (2)(B), by striking ``excluded and
deported'' and inserting ``denied admission and removed''.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C. 1356(h)(2)(A)(vi))
is amended by striking ``exclusion'' each place it appears
and inserting ``removal''.
(L) Section 287 (8 U.S.C. 1357) is amended--
(i) in subsection (a), by striking ``or expulsion'' each
place it appears and inserting ``expulsion, or removal'', and
(ii) in subsection (c), by striking ``exclusion from'' and
inserting ``denial of admission to''.
(M) Section 290(a) (8 U.S.C. 1360(a)) is amended by
striking ``admitted to the United States, or excluded
therefrom'' each place it appears and inserting ``admitted or
denied admission to the United States''.
(N) Section 291 (8 U.S.C. 1361) is amended by striking
``subject to exclusion'' and inserting ``inadmissible'' each
place it appears.
(O) Section 292 (8 U.S.C. 1362) is amended by striking
``exclusion or deportation'' each place it appears and
inserting ``removal''.
(P) Section 360 (8 U.S.C. 1503) is amended--
(i) in subsection (a), by striking ``exclusion'' each place
it appears and inserting ``removal'', and
(ii) in subsection (c), by striking ``excluded from'' and
inserting ``denied''.
(Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) is
amended by striking ``exclusion because such alien is
excludable'' and inserting ``removal because such alien is
inadmissible''.
(R) Section 301(a)(1) of the Immigration Act of 1990 is
amended by striking ``exclusion'' and inserting
``inadmissibility''.
(S) Section 401(c) of the Refugee Act of 1980 is amended by
striking ``deportation or exclusion'' and inserting
``removal''.
(T) Section 501(e)(2) of the Refugee Education Assistance
Act of 1980 (Public Law 96-422) is amended--
(i) by striking ``exclusion or deportation'' each place it
appears and inserting ``removal'', and
(ii) by striking ``deportation or exclusion'' each place it
appears and inserting ``removal''.
(U) Section 4113(c) of title 18, United States Code, is
amended by striking ``exclusion and deportation'' and
inserting ``removal''.
(5) Repeal of superseded provision.--Effective as of the
date of the enactment of the Antiterrorism and Effective
Death Penalty Act of 1996, section 422 of such Act is
repealed and the Immigration and Nationality Act shall be
applied as if such section had not been enacted.
(e) Revision of Terminology Relating to Deportation.--
(1) Each of the following is amended by striking
``deportation'' each place it appears and inserting
``removal'':
(A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and
(B)(iii)(II) of section 204(a)(1) (8 U.S.C. 1154(a)(1)).
(B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
(C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
(D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as
redesignated by section 671(a)(3)(A) of this division.
(E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), before
redesignation as section 237 by section 305(a)(2) of this
division.
(F) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of section 244A (8
U.S.C. 1254a), before redesignation as section 244 by
subsection (b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C. 1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as added by section
122 of this division).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
(Q) Section 4113(b) of title 18, United States Code.
(2) Each of the following is amended by striking
``deported'' each place it appears and inserting ``removed'':
(A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)), before redesignation
as section 237 by section 305(a)(2) of this division.
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section 671(b)(13) of this
division but before redesignation as section 238 by
subsection (b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266 (8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration Act of 1990.
(I) Section 4113 of title 18, United States Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by
inserting ``or removed'' after ``deported'' each place it
appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by
striking ``suspension of deportation'' and inserting
``cancellation of removal''.
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is
amended by striking ``deportation is suspended'' and
inserting ``removal is canceled''.
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is
amended by striking ``deportation against'' and inserting
``removal of''.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A),
and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each
amended by striking ``deportation'', ``deportation'',
``deport'', and ``deported'' each place each appears and
inserting ``removal'', ``removal'', ``remove'', and
``removed'', respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C)
of section 216A (8 U.S.C. 1186b) are each amended by striking
``deportation'', ``deportation'', ``deport'', and
``deported'' and inserting ``removal'', ``removal'',
``remove'', and ``removed'', respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by
striking ``deportation against'' and inserting ``removal
of''.
(10) Section 242A (8 U.S.C. 1252a), before redesignation as
section 238 by subsection (b)(6), is amended, in the headings
to various subdivisions, by striking ``Deportation'' and
``deportation'' and inserting ``Removal'' and ``removal'',
respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)),
before redesignation as section 244 by subsection (b)(8), is
amended--
(A) in subsection (a)(1)(A), by striking ``deport'' and
inserting ``remove'', and
(B) in subsection (e), by striking ``Suspension of
Deportation'' and inserting ``Cancellation of Removal''.
(12) Section 254 (8 U.S.C. 1284) is amended by striking
``deport'' each place it appears and inserting ``remove''.
(13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amended by striking
``deported'' and inserting ``removed''.
(B) The item in the table of contents relating to such
section is amended by striking ``deported'' and inserting
``removed''.
(15) Section 318 (8 U.S.C. 1429) is amended by striking
``suspending'' and inserting ``canceling''.
(16) Section 301(a) of the Immigration Act of 1990 is
amended by striking ``Deportation'' and inserting
``Removal''.
(17) The heading of section 130005 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended by striking ``DEPORTATION'' and inserting
``REMOVAL''.
(18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is
amended by striking ``deported'' and all that follows through
``Deportation'' and inserting ``removed pursuant to chapter 4
of title II of the Immigration and Nationality Act''.
(19) Section 8(c) of the Foreign Agents Registration Act
(22 U.S.C. 618(c)) is amended by striking ``deportation'' and
all that follows and inserting ``removal pursuant to chapter
4 of title II of the Immigration and Nationality Act.''.
(f) Revision of References to Entry.--
(1) The following provisions are amended by striking
``entry'' and inserting ``admission'' each place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
(B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
(C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C. 1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
(G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C. 1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(K) Subsection (b) of section 240 (8 U.S.C. 1230), before
redesignation as section 240C by section 304(a)(2) of this
division.
(L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2) of
this division.
(M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section 305(a)(2) of
this division, other than the last time it appears.
(N) Paragraphs (2) and (4) of subsection (a) of section 241
(8 U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2) of this division.
(O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration Act of 1990.
(2) The following provisions are amended by striking
``enter'' and inserting ``be admitted'':
(A) Section 204(e) (8 U.S.C. 1154(e)).
[[Page 2643]]
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
(3) The following provisions are amended by striking
``enters'' and inserting ``is admitted to'':
(A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C. 1228), before
redesignation as section 233 by section 308(b)(4) of this
division, is amended by striking ``entry and inspection'' and
inserting ``inspection and admission''.
(5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C.
1251), before redesignation as section 237 by section
305(a)(2) of this division, is amended by striking ``at
entry''.
(6) Section 7 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403h) is amended by striking ``that the
entry'', ``given entry into'', and ``entering'' and inserting
``that the admission'', ``admitted to'', and ``admitted to''.
(7) Section 4 of the Atomic Weapons and Special Nuclear
Materials Rewards Act (50 U.S.C. 47c) is amended by striking
``entry'' and inserting ``admission''.
(g) Conforming References to Reorganized Sections.--
(1) References to sections 232, 234, 238, 239, 240, 241,
242a, and 244a.--Any reference in law in effect on the day
before the date of the enactment of this Act to section 232,
234, 238, 239, 240, 241, 242A, or 244A of the Immigration and
Nationality Act (or a subdivision of such section) is deemed,
as of the title III-A effective date, to refer to section
232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act
(or the corresponding subdivision of such section), as
redesignated by this subtitle. Any reference in law to
section 241 (or a subdivision of such section) of the
Immigration and Nationality Act in an amendment made by a
subsequent subtitle of this title is deemed a reference (as
of the title III-A effective date) to section 237 (or the
corresponding subdivision of such section), as redesignated
by this subtitle.
(2) References to section 106.--
(A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 U.S.C.
1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by section
671(b)(13) of this division but before redesignation as
section 238 by subsection (b)(5), are each amended by
striking ``106'' and inserting ``242''.
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C.
1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting ``(as
in effect before October 1, 1996)'' after ``106''.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section 671(b)(13) of
this division but before redesignation as section 238 by
subsection (b)(5), is amended by striking ``106(a)(1)'' and
inserting ``242(b)(1)''.
(3) References to section 236.--
(A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 1159(a)(1))
are each amended by striking ``236'' and inserting ``240''.
(B) Section 4113(c) of title 18, United States Code, is
amended by striking ``1226 of title 8, United States Code''
and inserting ``240 of the Immigration and Nationality Act''.
(4) References to section 237.--
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is amended by
striking ``237'' and inserting ``241''.
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is amended by
striking ``237(a)'' and inserting ``241(c)''.
(C) Section 280(a) (8 U.S.C. 1330(a)) is amended by
striking ``237, 239, 243'' and inserting ``234, 243(c)(2)''.
(5) References to section 242.--
(A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 U.S.C.
1184(d), 1282(b), 1357(f)(1)) are each amended by striking
``242'' and inserting ``240''.
(ii) Subsection (c)(4) of section 242A (8 U.S.C. 1252a), as
amended by section 671(b)(13) of this division but before
redesignation as section 238 by subsection (b)(5), are each
amended by striking ``242'' and inserting ``240''.
(iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) is
amended by inserting ``(as in effect before October 1,
1996)'' after ``242''.
(iv) Section 4113 of title 18, United States Code, is
amended--
(I) in subsection (a), by striking ``section 1252(b) or
section 1254(e) of title 8, United States Code,'' and
inserting ``section 240B of the Immigration and Nationality
Act''; and
(II) in subsection (b), by striking ``section 1252 of title
8, United States Code,'' and inserting ``section 240 of the
Immigration and Nationality Act''.
(B) Section 130002(a) of Public Law 103-322, as amended by
section 345 of this division, is amended by striking
``242(a)(3)(A)'' and inserting ``236(d)''.
(C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before
redesignation as section 238 by section 308(b)(5) of this
division, is amended by striking ``242(b)'' and inserting
``240''.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section 671(b)(13) of this
division but before redesignation as section 238 by
subsection (b)(5), is amended by striking ``242(b)'' and
inserting ``240''.
(E) Section 1821(e) of title 28, United States Code, is
amended by striking ``242(b)'' and inserting ``240''.
(F) Section 130007(a) of Public Law 103-322 is amended by
striking ``242(i)'' and inserting ``239(d)''.
(G) Section 20301(c) of Public Law 103-322 is amended by
striking ``242(j)(5)'' and ``242(j)'' and inserting
``241(h)(5)'' and ``241(h)'', respectively.
(6) References to section 242b.--
(A) Section 303(d)(2) of the Immigration Act of 1990 is
amended by striking ``242B'' and inserting ``240(b)(5)''.
(B) Section 545(g)(1)(B) of the Immigration Act of 1990 is
amended by striking ``242B(a)(4)'' and inserting
``239(a)(4)''.
(7) References to section 243.--
(A) Section 214(d) (8 U.S.C. 1184(d)) is amended by
striking ``243'' and inserting ``241''.
(B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is amended by
striking ``withholding of deportation under section 243(h)''
and inserting ``by withholding of removal under section
241(b)(3)''.
(C)(i) Section 315(c) of the Immigration Reform and Control
Act of 1986 is amended by striking ``243(g)'' and
``1253(g)''and inserting ``243(d)'' and ``1253(d)''
respectively.
(ii) Section 702(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1988 is amended by striking ``243(g)''
and inserting ``243(d)''.
(iii) Section 903(b) of Public Law 100-204 is amended by
striking ``243(g)'' and inserting ``243(d)''.
(D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 1977 (7
U.S.C. 2015(f)(2)(F)) is amended by striking ``243(h)'' and
inserting ``241(b)(3)''.
(ii) Section 214(a)(5) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is amended by
striking ``243(h)'' and inserting ``241(b)(3)''.
(E)(i) Subsection (c)(2)(B)(ii) of section 244A (8 U.S.C.
1254a), before redesignated as section 244 by section
308(b)(7), is amended by striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(ii) Section 301(e)(2) of the Immigration Act of 1990 is
amended by striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(F) Section 316(f) (8 U.S.C. 1427(f)) is amended by
striking ``subparagraphs (A) through (D) of paragraph
243(h)(2)'' and inserting ``clauses (i) through (v) of
section 208(b)(2)(A)''.
(8) References to section 244.--
(A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) and
subsection (e) of section 244A (8 U.S.C. 1254a), before
redesignation as section 244 by section 308(b)(7) of this
division, are each amended by striking ``244(a)'' and
inserting ``240A(a)''.
(ii) Section 304(c)(1)(B) of the Miscellaneous and
Technical Immigration and Naturalization Amendments of 1991
(Public Law 102-232) is amended by striking ``244(a)'' and
inserting ``240A(a)''.
(B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is amended by
striking ``suspension of deportation under subsection (a) or
(e) of section 244'' and inserting ``cancellation of removal
under section 240A''.
(C) Section 304(c)(1)(B) of the Miscellaneous and Technical
Immigration and Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(b)(2)'' and inserting
``240A(b)(2)''.
(D) Section 364(a)(2) of this division is amended by
striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
(E) Section 431(c)(1)(B)(iii) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996, as added by section 501 of this division, is amended by
striking ``suspension of deportation and adjustment of status
pursuant to section 244(a)(3) of such Act'' and inserting
``cancellation of removal under section 240A of such Act''.
(9) References to chapter 5.--
(A) Sections 266(b), 266(c), and 291 (8 U.S.C. 1306(b),
1306(c), 1361) are each amended by striking ``chapter 5'' and
inserting ``chapter 4''.
(B) Section 6(b) of the Act of August 1, 1956 (50 U.S.C.
855(b)) is amended by striking ``chapter 5, title II, of the
Immigration and Nationality Act (66 Stat. 163)'' and
inserting ``chapter 4 of title II of the Immigration and
Nationality Act''.
(10) Miscellaneous cross-reference corrections for newly
added provisions.--
(A) Section 212(h), as amended by section 301(h) of this
division, is amended by striking ``section 212(c)'' and
inserting ``paragraphs (1) and (2) of section 240A(a)''.
(B) Section 245(c)(6), as amended by section 332(d) of this
division, is amended by striking ``241(a)(4)(B)'' and
inserting ``237(a)(4)(B)''.
(C) Section 249(d), as amended by section 332(e) of this
division, is amended by striking ``241(a)(4)(B)'' and
inserting ``237(a)(4)(B)''.
(D) Section 274C(d)(7), as added by section 212(d) of this
division, is amended by striking ``withholding of deportation
under section 243(h)'' and inserting ``withholding of removal
under section 241(b)(3)''.
(E) Section 3563(b)(21) of title 18, United States Code, as
inserted by section 374(b) of this division, is amended by
striking ``242A(d)(5)'' and inserting ``238(d)(5)''.
(F) Section 130007(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended by
section 671(a)(6) of this division, is amended by striking
``242A(a)(3)'' and inserting ``238(a)(3)''.
(G) Section 386(b) of this division is amended by striking
``excludable'' and ``excludable'' and inserting
``inadmissible'' and ``inadmissible'', respectively, each
place each appears.
(H) Subsections (a), (c), (d), (g), and (h) of section 440
of the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132), as amended by section 306(d) of this
division, are amended by striking ``241(a)(2)(A)(ii)'' and
``241(a)(2)(A)(i)'' and inserting ``237(a)(2)(A)(ii)'' and
``237(a)(2)(A)(i)'', respectively .
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) In General.--Except as provided in this section and
sections 303(b)(2), 306(c),
[[Page 2644]]
308(d)(2)(D), or 308(d)(5) of this division, this subtitle
and the amendments made by this subtitle shall take effect on
the first day of the first month beginning more than 180 days
after the date of the enactment of this Act (in this title
referred to as the ``title III-A effective date'').
(b) Promulgation of Regulations.--The Attorney General
shall first promulgate regulations to carry out this subtitle
by not later than 30 days before the title III-A effective
date.
(c) Transition for Aliens in Proceedings.--
(1) General rule that new rules do not apply.--Subject to
the succeeding provisions of this subsection, in the case of
an alien who is in exclusion or deportation proceedings as of
the title III-A effective date--
(A) the amendments made by this subtitle shall not apply,
and
(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
(2) Attorney general option to elect to apply new
procedures.--In a case described in paragraph (1) in which an
evidentiary hearing under section 236 or 242 and 242B of the
Immigration and Nationality Act has not commenced as of the
title III-A effective date, the Attorney General may elect to
proceed under chapter 4 of title II of such Act (as amended
by this subtitle). The Attorney General shall provide notice
of such election to the alien involved not later than 30 days
before the date any evidentiary hearing is commenced. If the
Attorney General makes such election, the notice of hearing
provided to the alien under section 235 or 242(a) of such Act
shall be valid as if provided under section 239 of such Act
(as amended by this subtitle) to confer jurisdiction on the
immigration judge.
(3) Attorney general option to terminate and reinitiate
proceedings.--In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II the
Immigration and Nationality Act (as amended by this
subtitle). Any determination in the terminated proceeding
shall not be binding in the reinitiated proceeding.
(4) Transitional changes in judicial review.--In the case
described in paragraph (1) in which a final order of
exclusion or deportation is entered more than 30 days after
the date of the enactment of this Act, notwithstanding any
provision of section 106 of the Immigration and Nationality
Act (as in effect as of the date of the enactment of this
Act) to the contrary--
(A) in the case of judicial review of a final order of
exclusion, subsection (b) of such section shall not apply and
the action for judicial review shall be governed by the
provisions of subsections (a) and (c) of such in the same
manner as they apply to judicial review of orders of
deportation;
(B) a court may not order the taking of additional evidence
under section 2347(c) of title 28, United States Code;
(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of
exclusion or deportation;
(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the
administrative proceedings before the special inquiry officer
or immigration judge were completed;
(E) there shall be no appeal of any discretionary decision
under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act);
(F) service of the petition for review shall not stay the
deportation of an alien pending the court's decision on the
petition, unless the court orders otherwise; and
(G) there shall be no appeal permitted in the case of an
alien who is inadmissible or deportable by reason of having
committed a criminal offense covered in section 212(a)(2) or
section 241(a)(2)(A)(iii), (B), (C), or (D) of the
Immigration and Nationality Act (as in effect as of the date
of the enactment of this Act), or any offense covered by
section 241(a)(2)(A)(ii) of such Act (as in effect on such
date) for which both predicate offenses are, without regard
to their date of commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
(5) Transitional rule with regard to suspension of
deportation.--Paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act (relating to continuous
residence or physical presence) shall apply to notices to
appear issued before, on, or after the date of the enactment
of this Act.
(6) Transition for certain family unity aliens.--The
Attorney General may waive the application of section
212(a)(9) of the Immigration and Nationality Act, as inserted
by section 301(b)(1) of this division, in the case of an
alien who is provided benefits under the provisions of
section 301 of the Immigration Act of 1990 (relating to
family unity).
(7) Limitation on suspension of deportation.--The Attorney
General may not suspend the deportation and adjust the status
under section 244 of the Immigration and Nationality Act of
more than 4,000 aliens in any fiscal year (beginning after
the date of the enactment of this Act). The previous sentence
shall apply regardless of when an alien applied for such
suspension and adjustment.
(d) Transitional References.--For purposes of carrying out
the Immigration and Nationality Act, as amended by this
subtitle--
(1) any reference in section 212(a)(1)(A) of such Act to
the term ``inadmissible'' is deemed to include a reference to
the term ``excludable'', and
(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and
deportation or an order of deportation.
(e) Transition.--No period of time before the date of the
enactment of this Act shall be included in the period of 1
year described in section 212(a)(6)(B)(i) of the Immigration
and Nationality Act (as amended by section 301(c) of this
division).
Subtitle B--Criminal Alien Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)),
as amended by section 441(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 (P.L. 104-132), is
amended--
(1) in subparagraph (A), by inserting ``, rape, or sexual
abuse of a minor'' after ``murder'';
(2) in subparagraph (D), by striking ``$100,000'' and
inserting ``$10,000'';
(3) in subparagraphs (F), (G), (N), and (P), by striking
``is at least 5 years'' each place it appears and inserting
``at least one year'';
(4) in subparagraph (J), by striking ``sentence of 5 years'
imprisonment'' and inserting ``sentence of one year
imprisonment'';
(5) in subparagraph (K)(ii), by inserting ``if committed''
before ``for commercial advantage'';
(6) in subparagraph (L)--
(A) by striking ``or'' at the end of clause (i),
(B) by inserting ``or'' at the end of clause (ii), and
(C) by adding at the end the following new clause:
``(iii) section 601 of the National Security Act of 1947
(relating to protecting the identity of undercover
agents);'';
(7) in subparagraph (M), by striking ``$200,000'' each
place it appears and inserting ``$10,000'';
(8) in subparagraph (N), by striking ``for which the term''
and all that follows and inserting the following: ``, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for
the purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other individual) to
violate a provision of this Act'';
(9) in subparagraph (P), by striking ``18 months'' and
inserting ``12 months, except in the case of a first offense
for which the alien has affirmatively shown that the alien
committed the offense for the purpose of assisting, abetting,
or aiding only the alien's spouse, child, or parent (and no
other individual) to violate a provision of this Act'';
(10) in subparagraph (R), by striking ``for which a
sentence of 5 years' imprisonment or more may be imposed''
and inserting ``for which the term of imprisonment is at
least one year''; and
(11) in subparagraph (S), by striking ``for which a
sentence of 5 years' imprisonment or more may be imposed''
and inserting ``for which the term of imprisonment is at
least one year''.
(b) Effective Date of Definition.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law (including any effective date), the term applies
regardless of whether the conviction was entered before, on,
or after the date of enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to actions taken on or after the date of the
enactment of this Act, regardless of when the conviction
occurred, and shall apply under section 276(b) of the
Immigration and Nationality Act only to violations of section
276(a) of such Act occurring on or after such date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.
(a) Definition.--
(1) In general.--Section 101(a) (8 U.S.C. 1101(a)) is
amended by adding at the end the following new paragraph:
``(48)(A) The term `conviction' means, with respect to an
alien, a formal judgment of guilt of the alien entered by a
court or, if adjudication of guilt has been withheld, where--
``(i) a judge or jury has found the alien guilty or the
alien has entered a plea of guilty or nolo contendere or has
admitted sufficient facts to warrant a finding of guilt, and
``(ii) the judge has ordered some form of punishment,
penalty, or restraint on the alien's liberty to be imposed.
``(B) Any reference to a term of imprisonment or a sentence
with respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution
of that imprisonment or sentence in whole or in part.''.
(2) Conforming amendments.--
(A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by
striking ``imposed (regardless of any suspension of
imprisonment)'' each place it appears in subparagraphs (F),
(G), (N), and (P).
(B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) is
amended by striking ``actually imposed''.
(b) Reference to Proof Provisions.--For provisions relating
to proof of convictions, see subparagraphs (B) and (C) of
section 240(c)(3) of the Immigration and Nationality
[[Page 2645]]
Act, as inserted by section 304(a)(3) of this division.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to convictions and sentences entered before, on,
or after the date of the enactment of this Act. Subparagraphs
(B) and (C) of section 240(c)(3) of the Immigration and
Nationality Act, as inserted by section 304(a)(3) of this
division, shall apply to proving such convictions.
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL
PROBATION OR CRIMINAL PAROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by striking
``and (5)'' and inserting ``(5) aliens who are or have been
on criminal probation or criminal parole within the United
States, and (6)''.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.
(a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is
amended to read as follows:
``(1) has been arrested and deported, has been excluded and
deported, or has departed the United States while an order of
exclusion or deportation is outstanding, and thereafter''.
(b) Treatment of Stipulations.--The last sentence of
section 276(b) (8 U.S.C. 1326(b)) is amended by inserting
``(or not during)'' after ``during''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to departures that occurred before, on, or after
the date of the enactment of this Act, but only with respect
to entries (and attempted entries) occurring on or after such
date.
SEC. 325. CHANGE IN FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph of subsection (a)--
(A) by striking ``alien'' each place it appears;
(B) by inserting after ``individual'' the first place it
appears the following: ``, knowing or in reckless disregard
of the fact that the individual is an alien''; and
(C) by striking ``within three years after that individual
has entered the United States from any country, party to the
arrangement adopted July 25, 1902, for the suppression of the
white-slave traffic'';
(2) in the second undesignated paragraph of subsection
(a)--
(A) by striking ``thirty'' and inserting ``five business'';
and
(B) by striking ``within three years after that individual
has entered the United States from any country, party to the
said arrangement for the suppression of the white-slave
traffic,''; and
(3) in the text following the third undesignated paragraph
of subsection (a), by striking ``two'' and inserting ``10''.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
as amended by section 432 of Public Law 104-132, is amended
to read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
operate a criminal alien identification system. The criminal
alien identification system shall be used to assist Federal,
State, and local law enforcement agencies in identifying and
locating aliens who may be subject to removal by reason of
their conviction of aggravated felonies, subject to
prosecution under section 275 of such Act, not lawfully
present in the United States, or otherwise removable. Such
system shall include providing for recording of fingerprint
records of aliens who have been previously arrested and
removed into appropriate automated fingerprint identification
systems.''.
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.
Section 130002(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
(1) by inserting ``and'' after ``1996;'', and
(2) by striking paragraph (2) and all that follows through
the period at the end and inserting the following:
``(2) $5,000,000 for each of fiscal years 1997 through
2001.''.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN
ASSISTANCE PROGRAM.
(a) Modification of Authority.--
(1) In general.--Section 241(i), as redesignated by section
306(a)(1) of this division, is amended--
(A) in paragraph (3)(A), by striking ``felony and sentenced
to a term of imprisonment'' and inserting ``felony or two or
more misdemeanors'', and
(B) by adding at the end the following new paragraph:
``(6) To the extent of available appropriations, funds
otherwise made available under this section with respect to a
State (or political subdivision, including a municipality)
for incarceration of an undocumented criminal alien may, at
the discretion of the recipient of the funds, be used for the
costs of imprisonment of such alien in a State, local, or
municipal prison or jail.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply beginning with fiscal year 1997.
(b) Sense of the Congress With Respect to Program.--
(1) Findings.--The Congress finds as follows:
(A) Of the $130,000,000 appropriated in fiscal year 1995
for the State Criminal Alien Assistance Program, the
Department of Justice disbursed the first $43,000,000 to
States on October 6, 1994, 32 days before the 1994 general
election, and then failed to disburse the remaining
$87,000,000 until January 31, 1996, 123 days after the end of
fiscal year 1995.
(B) While H.R. 2880, the continuing appropriation measure
funding certain operations of the Federal Government from
January 26, 1996 to March 15, 1996, included $66,000,000 to
reimburse States for the cost of incarcerating documented
illegal immigrant felons, the Department of Justice failed to
disburse any of the funds to the States during the period of
the continuing appropriation.
(2) Sense of the congress.--It is the sense of the Congress
that--
(A) the Department of Justice was disturbingly slow in
disbursing fiscal year 1995 funds under the State Criminal
Alien Assistance Program to States after the initial grants
were released just prior to the 1994 election; and
(B) the Attorney General should make it a high priority to
expedite the disbursement of Federal funds intended to
reimburse States for the cost of incarcerating illegal
immigrants, aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal year for
which they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL
ALIENS IN INCARCERATION FACILITY OF ANAHEIM,
CALIFORNIA.
(a) Authority.--The Attorney General shall conduct a
project demonstrating the feasibility of identifying, from
among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on
criminal charges, those individuals who are aliens unlawfully
present in the United States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within the city
of Anaheim, California and the county of Ventura, California,
of an employee of the Immigration and Naturalization Service
who has expertise in the identification of aliens unlawfully
in the United States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of the Service
necessary to identify such aliens, and
(B) in the case of an individual identified as such an
alien, pre-arraignment reporting to the court regarding the
Service's intention to remove the alien from the United
States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the
enactment of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.
(a) Negotiations With Other Countries.--(1) Congress
advises the President to begin to negotiate and renegotiate,
not later than 90 days after the date of enactment of this
Act, bilateral prisoner transfer treaties, providing for the
incarceration, in the country of the alien's nationality, of
any alien who--
(A) is a national of a country that is party to such a
treaty; and
(B) has been convicted of a criminal offense under Federal
or State law and who--
(i) is not in lawful immigration status in the United
States, or
(ii) on the basis of conviction for a criminal offense
under Federal or State law, or on any other basis, is subject
to deportation or removal under the Immigration and
Nationality Act,
for the duration of the prison term to which the alien was
sentenced for the offense referred to in subparagraph (B).
Any such agreement may provide for the release of such alien
pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the
President may consider providing for appropriate
compensation, subject to the availability of appropriations,
in cases where the United States is able to independently
verify the adequacy of the sites where aliens will be
imprisoned and the length of time the alien is actually
incarcerated in the foreign country under such a treaty.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the focus of negotiations for such agreements should
be--
(A) to expedite the transfer of aliens unlawfully in the
United States who are (or are about to be) incarcerated in
United States prisons,
(B) to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States courts,
(C) to eliminate any requirement of prisoner consent to
such a transfer, and
(D) to allow the Federal Government or the States to keep
their original prison sentences in force so that transferred
prisoners who return to the United States prior to the
completion of their original United States sentences can be
returned to custody for the balance of their prisons
sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of aliens described in
subsection (a) who are nationals of that country in the
United States represents a significant percentage of all such
aliens in the United States; and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a
foreign incarceration facility should permit the alien to
refuse the transfer.
[[Page 2646]]
(c) Prisoner Consent.--Notwithstanding any other provision
of law, except as required by treaty, the transfer of an
alien from a Federal, State, or local incarceration facility
under an agreement of the type referred to in subsection (a)
shall not require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Attorney General shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate stating whether each prisoner transfer treaty to which
the United States is a party has been effective in the
preceding 12 months in bringing about the return of
deportable incarcerated aliens to the country of which they
are nationals and in ensuring that they serve the balance of
their sentences.
(e) Training Foreign Law Enforcement Personnel.--(1)
Subject to paragraph (2), the President shall direct the
Border Patrol Academy and the Customs Service Academy to
enroll for training an appropriate number of foreign law
enforcement personnel, and shall make appointments of foreign
law enforcement personnel to such academies, as necessary to
further the following United States law enforcement goals:
(A) Preventing of drug smuggling and other cross-border
criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into the United
States (including goods the sale of which is illegal in the
United States, the entry of which would cause a quota to be
exceeded, or the appropriate duty or tariff for which has not
been paid).
(2) The appointments described in paragraph (1) shall be
made only to the extent there is capacity in such academies
beyond what is required to train United States citizens
needed in the Border Patrol and Customs Service, and only of
personnel from a country with which the prisoner transfer
treaty has been stated to be effective in the most recent
report referred to in subsection (d).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 331. PRISONER TRANSFER TREATIES STUDY.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report that describes the use and effectiveness of the
prisoner transfer treaties with the three countries with the
greatest number of their nationals incarcerated in the United
States in removing from the United States such incarcerated
nationals.
(b) Use of Treaty.--The report under subsection (a) shall
include--
(1) the number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have
been or are eligible for transfer pursuant to the treaties;
(2) the number of aliens described in paragraph (1) who
have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the treaties;
(4) the number of aliens who are incarcerated in a penal
institution in the United States who are eligible for
transfer pursuant to the treaties; and
(5) the number of aliens described in paragraph (4) who are
incarcerated in Federal, State, and local penal institutions
in the United States.
(c) Recommendations.--The report under subsection (a) shall
include the recommendations of the Secretary of State and the
Attorney General to increase the effectiveness and use of,
and full compliance with, the treaties. In considering the
recommendations under this subsection, the Secretary and the
Attorney General shall consult with such State and local
officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the
Attorney General consider appropriate. Such recommendations
shall address--
(1) changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed criminal offenses in the United
States;
(2) changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense
in the United States;
(3) changes in the treaties that may be necessary to
increase the number of aliens convicted of criminal offenses
who may be transferred pursuant to the treaties;
(4) methods for preventing the unlawful reentry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
treaties;
(5) any recommendations by appropriate officials of the
appropriate government agencies of such countries regarding
programs to achieve the goals of, and ensure full compliance
with, the treaties;
(6) whether the recommendations under this subsection
require the renegotiation of the treaties; and
(7) the additional funds required to implement each
recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enactment of
this Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report detailing--
(1) the number of illegal aliens incarcerated in Federal
and State prisons for having committed felonies, stating the
number incarcerated for each type of offense;
(2) the number of illegal aliens convicted of felonies in
any Federal or State court, but not sentenced to
incarceration, in the year before the report was submitted,
stating the number convicted for each type of offense;
(3) programs and plans underway in the Department of
Justice to ensure the prompt removal from the United States
of criminal aliens subject to removal; and
(4) methods for identifying and preventing the unlawful
reentry of aliens who have been convicted of criminal
offenses in the United States and removed from the United
States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN
TO COMMIT AN OFFENSE UNDER THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.
(a) Review of Guidelines.--Not later than 6 months after
the date of the enactment of this Act, the United States
Sentencing Commission shall conduct a review of the
guidelines applicable to an offender who conspires with, or
aids or abets, a person who is not a citizen or national of
the United States in committing any offense under section
1010 of the Controlled Substance Import and Export Act (21
U.S.C. 960).
(b) Revision of Guidelines.--Following such review,
pursuant to section 994(p) of title 28, United States Code,
the Commission shall promulgate sentencing guidelines or
amend existing sentencing guidelines to ensure an
appropriately stringent sentence for such offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL
REENTRY, AND PASSPORT AND VISA FRAUD.
(a) Failing to Depart.--The United States Sentencing
Commission shall promptly promulgate, pursuant to section 994
of title 28, United States Code, amendments to the sentencing
guidelines to make appropriate increases in the base offense
level for offenses under section 242(e) and 276(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(e) and
1326(b)) to reflect the amendments made by section 130001 of
the Violent Crime Control and Law Enforcement Act of 1994.
(b) Passport and Visa Offenses.--The United States
Sentencing Commission shall promptly promulgate, pursuant to
section 994 of title 28, United States Code, amendments to
the sentencing guidelines to make appropriate increases in
the base offense level for offenses under chapter 75 of title
18, United States Code to reflect the amendments made by
section 130009 of the Violent Crime Control and Law
Enforcement Act of 1994.
Subtitle C--Revision of Grounds for Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.
(a) In General.--Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively, and
(2) by inserting after clause (i) the following new clause:
``(ii) who seeks admission as an immigrant, or who seeks
adjustment of status to the status of an alien lawfully
admitted for permanent residence, and who has failed to
present documentation of having received vaccination against
vaccine-preventable diseases, which shall include at least
the following diseases: mumps, measles, rubella, polio,
tetanus and diphtheria toxoids, pertussis, influenza type B
and hepatitis B, and any other vaccinations against vaccine-
preventable diseases recommended by the Advisory Committee
for Immunization Practices,''.
(b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended
by striking ``, or'' at the end of paragraph (1) and all that
follows and inserting a semicolon and the following:
``in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe;
``(2) subsection (a)(1)(A)(ii) in the case of any alien--
``(A) who receives vaccination against the vaccine-
preventable disease or diseases for which the alien has
failed to present documentation of previous vaccination,
``(B) for whom a civil surgeon, medical officer, or panel
physician (as those terms are defined by section 34.2 of
title 42 of the Code of Federal Regulations) certifies,
according to such regulations as the Secretary of Health and
Human Services may prescribe, that such vaccination would not
be medically appropriate, or
``(C) under such circumstances as the Attorney General
provides by regulation, with respect to whom the requirement
of such a vaccination would be contrary to the alien's
religious beliefs or moral convictions; or
``(3) subsection (a)(1)(A)(iii) in the case of any alien,
in accordance with such terms, conditions, and controls, if
any, including the giving of bond, as the Attorney General,
in the discretion of the Attorney General after consultation
with the Secretary of Health and Human Services, may by
regulation prescribe.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect
[[Page 2647]]
to applications for immigrant visas or for adjustment of
status filed after September 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF
FALSE DOCUMENTATION TO TERRORISTS AS A BASIS
FOR EXCLUSION FROM THE UNITED STATES.
(a) In General.--Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) by redesignating subclauses (III) and (IV) of clause
(i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause (i) the
following new subclause:
``(III) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorist
activity,''; and
(3) in clause (iii)(III), by inserting ``documentation or''
before ``identification'';
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to incitement regardless of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE
WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D),
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Uncertified foreign health-care workers.--Any alien
who seeks to enter the United States for the purpose of
performing labor as a health-care worker, other than a
physician, is excludable unless the alien presents to the
consular officer, or, in the case of an adjustment of status,
the Attorney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate from
an equivalent independent credentialing organization approved
by the Attorney General in consultation with the Secretary of
Health and Human Services, verifying that--
``(i) the alien's education, training, license, and
experience--
``(I) meet all applicable statutory and regulatory
requirements for entry into the United States under the
classification specified in the application;
``(II) are comparable with that required for an American
health-care worker of the same type; and
``(III) are authentic and, in the case of a license,
unencumbered;
``(ii) the alien has the level of competence in oral and
written English considered by the Secretary of Health and
Human Services, in consultation with the Secretary of
Education, to be appropriate for health care work of the kind
in which the alien will be engaged, as shown by an
appropriate score on one or more nationally recognized,
commercially available, standardized assessments of the
applicant's ability to speak and write; and
``(iii) if a majority of States licensing the profession in
which the alien intends to work recognize a test predicting
the success on the profession's licensing or certification
examination, the alien has passed such a test or has passed
such an examination.
For purposes of clause (ii), determination of the
standardized tests required and of the minimum scores that
are appropriate are within the sole discretion of the
Secretary of Health and Human Services and are not subject to
further administrative or judicial review.''.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES
CITIZENSHIP.
(a) Exclusion of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii), and
(2) by inserting after clause (i) the following new clause:
``(ii) Falsely claiming citizenship.--Any alien who falsely
represents, or has falsely represented, himself or herself to
be a citizen of the United States for any purpose or benefit
under this Act (including section 274A) or any other Federal
or State law is excludable.''.
(b) Deportation of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3))
is amended by adding at the end the following new
subparagraph:
``(D) Falsely claiming citizenship.--Any alien who falsely
represents, or has falsely represented, himself to be a
citizen of the United States for any purpose or benefit under
this Act (including section 274A) or any Federal or State law
is deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to representations made on or after the date of
the enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR
CERTAIN SECTION 274C VIOLATORS.
(a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by amending subparagraph (F) of subsection (a)(6) to
read as follows:
``(F) Subject of civil penalty.--
``(i) In general.--An alien who is the subject of a final
order for violation of section 274C is inadmissible.
``(ii) Waiver authorized.--For provision authorizing waiver
of clause (i), see subsection (d)(12).''; and
(2) by adding at the end of subsection (d) the following
new paragraph:
``(12) The Attorney General may, in the discretion of the
Attorney General for humanitarian purposes or to assure
family unity, waive application of clause (i) of subsection
(a)(6)(F)--
``(A) in the case of an alien lawfully admitted for
permanent residence who temporarily proceeded abroad
voluntarily and not under an order of deportation or removal
and who is otherwise admissible to the United States as a
returning resident under section 211(b), and
``(B) in the case of an alien seeking admission or
adjustment of status under section 201(b)(2)(A) or under
section 203(a),
if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed solely
to assist, aid, or support the alien's spouse or child (and
not another individual). No court shall have jurisdiction to
review a decision of the Attorney General to grant or deny a
waiver under this paragraph.''.
(b) Ground of Deportation.--Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by
section 305(a)(2) of this division, is amended to read as
follows:
``(C) Document fraud.--
``(i) In general.--An alien who is the subject of a final
order for violation of section 274C is deportable.
``(ii) Waiver authorized.--The Attorney General may waive
clause (i) in the case of an alien lawfully admitted for
permanent residence if no previous civil money penalty was
imposed against the alien under section 274C and the offense
was incurred solely to assist, aid, or support the alien's
spouse or child (and no other individual). No court shall
have jurisdiction to review a decision of the Attorney
General to grant or deny a waiver under this clause.''.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.
(a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is
amended by adding at the end the following new subparagraph:
``(G) Student visa abusers.--An alien who obtains the
status of a nonimmigrant under section 101(a)(15)(F)(i) and
who violates a term or condition of such status under section
214(l) is excludable until the alien has been outside the
United States for a continuous period of 5 years after the
date of the violation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens who obtain the status of a nonimmigrant
under section 101(a)(15)(F) of the Immigration and
Nationality Act after the end of the 60-day period beginning
on the date of the enactment of this Act, including aliens
whose status as such a nonimmigrant is extended after the end
of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.
(a) Exclusion of Aliens Who Have Unlawfully Voted.--Section
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section
301(b) of this division, is amended by adding at the end the
following new subparagraph:
``(D) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is
excludable.''.
(b) Deportation of Aliens Who Have Unlawfully Voted.--
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by
section 305(a)(2) of this division, is amended by adding at
the end the following new paragraph:
``(6) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is
deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to voting occurring before, on, or after the date
of the enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.
(a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is
amended by adding at the end the following: ``No waiver shall
be granted under this subsection in the case of an alien who
has previously been admitted to the United States as an alien
lawfully admitted for permanent residence if either since the
date of such admission the alien has been convicted of an
aggravated felony or the alien has not lawfully resided
continuously in the United States for a period of not less
than 7 years immediately preceding the date of initiation of
proceedings to remove the alien from the United States. No
court shall have jurisdiction to review a decision of the
Attorney General to grant or deny a waiver under this
subsection.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective on the date of the enactment of this Act
and shall apply in the case of any alien who is in exclusion
or deportation proceedings as of such date unless a final
administrative order in such proceedings has been entered as
of such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF
INADMISSIBILITY FOR CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is amended to
read as follows:
``(i)(1) The Attorney General may, in the discretion of the
Attorney General, waive the application of clause (i) of
subsection (a)(6)(C) in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence if it is
established to the satisfaction of the Attorney General that
the refusal of admission to the United States of such
immigrant alien would
[[Page 2648]]
result in extreme hardship to the citizen or lawfully
resident spouse or parent of such an alien.
``(2) No court shall have jurisdiction to review a decision
or action of the Attorney General regarding a waiver under
paragraph (1).''.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS
GROUND FOR DEPORTATION.
(a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is
amended by adding at the end the following:
``(E) Crimes of domestic violence, stalking, or violation
of protection order, crimes against children and .--
``(i) Domestic violence, stalking, and child abuse.--Any
alien who at any time after entry is convicted of a crime of
domestic violence, a crime of stalking, or a crime of child
abuse, child neglect, or child abandonment is deportable. For
purposes of this clause, the term `crime of domestic
violence' means any crime of violence (as defined in section
16 of title 18, United States Code) against a person
committed by a current or former spouse of the person, by an
individual with whom the person shares a child in common, by
an individual who is cohabiting with or has cohabited with
the person as a spouse, by an individual similarly situated
to a spouse of the person under the domestic or family
violence laws of the jurisdiction where the offense occurs,
or by any other individual against a person who is protected
from that individual's acts under the domestic or family
violence laws of the United States or any State, Indian
tribal government, or unit of local government.
``(ii) Violators of protection orders.--Any alien who at
any time after entry is enjoined under a protection order
issued by a court and whom the court determines has engaged
in conduct that violates the portion of a protection order
that involves protection against credible threats of
violence, repeated harassment, or bodily injury to the person
or persons for whom the protection order was issued is
deportable. For purposes of this clause, the term `protection
order' means any injunction issued for the purpose of
preventing violent or threatening acts of domestic violence,
including temporary or final orders issued by civil or
criminal courts (other than support or child custody orders
or provisions) whether obtained by filing an independent
action or as a pendente lite order in another proceeding.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to convictions, or violations of court orders,
occurring after the date of the enactment of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP
REQUIRED FOR WAIVER FROM EXCLUSION OR
DEPORTATION FOR SMUGGLING.
(a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11))
is amended by inserting ``an individual who at the time of
such action was'' after ``aided only''.
(b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C.
1251(a)(1)(E)(iii)) is amended by inserting ``an individual
who at the time of the offense was'' after ``aided only''.
(c) Effective Date.--The amendments made by this section
shall apply to applications for waivers filed before, on, or
after the date of the enactment of this Act, but shall not
apply to such an application for which a final determination
has been made as of the date of the enactment of this Act.
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED
CITIZENSHIP TO AVOID UNITED STATES TAXATION.
(a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)),
as redesignated by section 301(b) of this division and as
amended by section 347(a) of this division, is amended by
adding at the end the following:
``(E) Former citizens who renounced citizenship to avoid
taxation.--Any alien who is a former citizen of the United
States who officially renounces United States citizenship and
who is determined by the Attorney General to have renounced
United States citizenship for the purpose of avoiding
taxation by the United States is excludable.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals who renounce United States
citizenship on and after the date of the enactment of this
Act.
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVISION.
(a) Deportation for High Speed Flight.--For provision
making high speed flight from an immigration checkpoint
subject to deportation, see section 108(c) of this division.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--For provision making aliens previously
removed and unlawfully present in the United States
inadmissible, see section 301(b) of this division.
(c) Inadmissibility of Illegal Entrants.--For provision
revising the ground of inadmissibility for illegal entrants
and immigration violators, see section 301(c) of this
division.
(d) Deportation for Visa Violators.--For provision revising
the ground of deportation for illegal entrants, see section
301(d) of this division.
(e) Labor Certifications for Professional Athletes.--For
provision providing for continued validity of labor
certifications and classification petitions for professional
athletes, see section 624 of this division.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.
(a) Limitation on Provision of Summaries; Use of Special
Attorneys in Challenges to Classified Information.--
(1) No provision of summary in certain cases.--Section
504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended--
(A) in clause (ii), by inserting before the period at the
end the following: ``unless the judge makes the findings
under clause (iii)'', and
(B) by adding at the end the following new clause:
``(iii) Findings.--The findings described in this clause
are, with respect to an alien, that--
``(I) the continued presence of the alien in the United
States would likely cause serious and irreparable harm to the
national security or death or serious bodily injury to any
person, and
``(II) the provision of the summary would likely cause
serious and irreparable harm to the national security or
death or serious bodily injury to any person.''.
(2) Special challenge procedures.--Section 504(e)(3) (8
U.S.C. 1534(e)(3)) is amended by adding at the end the
following new subparagraphs:
``(E) Continuation of hearing without summary.--If a judge
makes the findings described in subparagraph (D)(iii)--
``(i) if the alien involved is an alien lawfully admitted
for permanent residence, the procedures described in
subparagraph (F) shall apply; and
``(ii) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in camera
and ex parte may be used pursuant to this paragraph.
``(F) Special procedures for access and challenges to
classified information by special attorneys in case of lawful
permanent aliens.--
``(i) In general.--The procedures described in this
subparagraph are that the judge (under rules of the removal
court) shall designate a special attorney to assist the
alien--
``(I) by reviewing in camera the classified information on
behalf of the alien, and
``(II) by challenging through an in camera proceeding the
veracity of the evidence contained in the classified
information.
``(ii) Restrictions on disclosure.--A special attorney
receiving classified information under clause (i)--
``(I) shall not disclose the information to the alien or to
any other attorney representing the alien, and
``(II) who discloses such information in violation of
subclause (I) shall be subject to a fine under title 18,
United States Code, imprisoned for not less than 10 years nor
more than 25 years, or both.''.
(3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is
amended--
(A) in paragraph (1), by striking ``The decision'' and
inserting ``Subject to paragraph (2), the decision'';
(B) in paragraph (3)(D), by inserting before the period at
the end the following: ``, except that in the case of a
review under paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a written summary
of classified information under section 504(c)(3), the Court
of Appeals shall review questions of fact de novo'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Automatic appeals in cases of permanent resident
aliens in which no summary provided.--
``(A) In general.--Unless the alien waives the right to a
review under this paragraph, in any case involving an alien
lawfully admitted for permanent residence who is denied a
written summary of classified information under section
504(e)(3) and with respect to which the procedures described
in section 504(e)(3)(F) apply, any order issued by the judge
shall be reviewed by the Court of Appeals for the District of
Columbia Circuit.
``(B) Use of special attorney.--With respect to any issue
relating to classified information that arises in such
review, the alien shall be represented only by the special
attorney designated under section 504(e)(3)(F)(i) on behalf
of the alien.''.
(4) Establishment of panel of special attorneys.--Section
502 (8 U.S.C. 1532) is amended by adding at the end the
following new subsection:
``(e) Establishment of Panel of Special Attorneys.--The
removal court shall provide for the designation of a panel of
attorneys each of whom--
``(1) has a security clearance which affords the attorney
access to classified information, and
``(2) has agreed to represent permanent resident aliens
with respect to classified information under section
504(e)(3) in accordance with (and subject to the penalties
under) this title.''.
(5) Definition of special attorney.--Section 501 (8 U.S.C.
1531) is amended--
(A) by striking ``and'' at the end of paragraph (5),
(B) by striking the period at the end of paragraph (6) and
inserting ``; and'', and
(C) by adding at the end the following new paragraph:
``(7) the term `special attorney' means an attorney who is
on the panel established under section 502(e).''.
(b) Other Provisions Relating to Classified Information.--
(1) Introduction of classified information.--Section 504(e)
(8 U.S.C. 1534(e)) is amended--
[[Page 2649]]
(A) in paragraph (1)--
(i) by inserting after ``(A)'' the following: ``the
Government is authorized to use in a removal proceedings the
fruits of electronic surveillance and unconsented physical
searches authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without
regard to subsections (c), (e), (f), (g), and (h) of section
106 of that Act and'', and
(ii) by striking ``the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.)'' and inserting ``such
Act''; and
(B) by striking the period at the end of paragraph (3)(A)
and inserting the following: ``and neither the alien nor the
public shall be informed of such evidence or its sources
other than through reference to the summary provided pursuant
to this paragraph. Notwithstanding the previous sentence, the
Department of Justice may, in its discretion and, in the case
of classified information, after coordination with the
originating agency, elect to introduce such evidence in open
session.''.
(2) Maintenance of confidentiality of classified
information in arguments.--Section 504(f) (8 U.S.C. 1534(f))
is amended by adding at the end the following: ``The judge
may allow any part of the argument that refers to evidence
received in camera and ex parte to be heard in camera and ex
parte.''.
(3) Maintenance of confidentiality of classified
information in orders.--Section 504(j) (8 U.S.C. 1534(j)) is
amended by adding at the end the following: ``Any portion of
the order that would reveal the substance or source of
information received in camera and ex parte pursuant to
subsection (e) shall not be made available to the alien or
the public.''.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS
ORGANIZATIONS.
Section 212(a)(3)(B)(i)(IV) (8 U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104-132, is amended by inserting ``which the alien
knows or should have known is a terrorist organization''
after ``219,''.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST
ORGANIZATION DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by
section 302(a) of Public Law 104-132, is amended--
(1) by striking ``or'' at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon, and
(3) by adding at the end the following:
``(D) lacking substantial support in the administrative
record taken as a whole or in classified information
submitted to the court under paragraph (2), or
``(E) not in accord with the procedures required by law.''.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY
DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) voluntary departure under section 244(e);''.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effective as
if included in the enactment of subtitle A of title IV of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).
Subtitle E--Transportation of Aliens
SEC. 361. DEFINITION OF STOWAWAY.
(a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)),
as amended by section 322(a)(1) of this division, is amended
by adding at the end the following new paragraph:
``(49) The term `stowaway' means any alien who obtains
transportation without the consent of the owner, charterer,
master or person in command of any vessel or aircraft through
concealment aboard such vessel or aircraft. A passenger who
boards with a valid ticket is not to be considered a
stowaway.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.
(a) Coverage of Noncontiguous Territory.--Section 238 (8
U.S.C. 1228), before redesignation as section 233 under
section 308(b)(4) of this division, is amended--
(1) in the heading, by striking ``contiguous'', and
(2) by striking ``contiguous'' each place it appears in
subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such
section is further amended by inserting ``or railroad train''
after ``aircraft''.
Subtitle F--Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.
(a) Definition of Term.--Paragraph (4) of section 101(b) (8
U.S.C. 1101(b)) is amended to read as follows:
``(4) The term `immigration judge' means an attorney whom
the Attorney General appoints as an administrative judge
within the Executive Office for Immigration Review, qualified
to conduct specified classes of proceedings, including a
hearing under section 240. An immigration judge shall be
subject to such supervision and shall perform such duties as
the Attorney General shall prescribe, but shall not be
employed by the Immigration and Naturalization Service.''.
(b) Substitution for Term ``Special Inquiry Officer''.--The
Immigration and Nationality Act is amended by striking ``a
special inquiry officer'', ``A special inquiry officer'',
``special inquiry officer'', and ``special inquiry officers''
and inserting ``an immigration judge'', ``An immigration
judge'', ``immigration judge'', and ``immigration judges'',
respectively, each place it appears in the following
sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), before its
repeal by section 306(c) of this division.
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before redesignation by
section 308(b) of this division.
(4) Section 235 (8 U.S.C. 1225), before amendment by
section 302(a) of this division.
(5) Section 236 (8 U.S.C. 1226), before amendment by
section 303 of this division.
(6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by
section 306(a)(2) of this division.
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), before
repeal by section 306(b)(6) of this division.
(8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by
section 308(e)(13) of this division.
(9) Section 292 (8 U.S.C. 1362).
(c) Compensation for Immigration Judges.--
(1) In general.--There shall be four levels of pay for
immigration judges, under the Immigration Judge Schedule
(designated as IJ-1, 2, 3, and 4, respectively), and each
such judge shall be paid at one of those levels, in
accordance with the provisions of this subsection.
(2) Rates of pay.--
(A) The rates of basic pay for the levels established under
paragraph (1) shall be as follows:
70% of the next to highest rate of basic pay for the Senior Executive .
Service
80% of the next to highest rate of basic pay for the Senior Executive .
Service
90% of the next to highest rate of basic pay for the Senior Executive .
Service
92% of the next to highest rate of basic pay for the Senior Executive .
Service.
(B) Locality pay, where applicable, shall be calculated
into the basic pay for immigration judges.
(3) Appointment.--
(A) Upon appointment, an immigration judge shall be paid at
IJ-1, and shall be advanced to IJ-2 upon completion of 104
weeks of service, to IJ-3 upon completion of 104 weeks of
service in the next lower rate, and to IJ-4 upon completion
of 52 weeks of service in the next lower rate.
(B) Notwithstanding subparagraph (A), the Attorney General
may provide for appointment of an immigration judge at an
advanced rate under such circumstances as the Attorney
General may determine appropriate.
(4) Transition.--Immigration judges serving as of the
effective date shall be paid at the rate that corresponds to
the amount of time, as provided under paragraph (3)(A), that
they have served as an immigration judge, and in no case
shall be paid less after the effective date than the rate of
pay prior to the effective date.
(d) Effective Dates.--
(1) Subsections (a) and (b) shall take effect on the date
of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after the date
of the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.
Section 103(a) (8 U.S.C. 1103(a)) is amended--
(1) inserting ``(1)'' after ``(a)'',
(2) by designating each sentence (after the first sentence)
as a separate paragraph with appropriate consecutive
numbering and initial indentation,
(3) by adding at the end the following new paragraph:
``(8) In the event the Attorney General determines that an
actual or imminent mass influx of aliens arriving off the
coast of the United States, or near a land border, presents
urgent circumstances requiring an immediate Federal response,
the Attorney General may authorize any State or local law
enforcement officer, with the consent of the head of the
department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise any of the
powers, privileges, or duties conferred or imposed by this
Act or regulations issued thereunder upon officers or
employees of the Service.''.
SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE
COMMISSIONER.
Section 103 (8 U.S.C. 1103) is amended--
(1) by adding at the end of subsection (a) the following
new paragraph:
``(9) The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is
authorized--
``(A) to make payments from funds appropriated for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration for
necessary clothing, medical care, necessary guard hire, and
the housing, care, and security of persons detained by the
Service pursuant to Federal law under an agreement with a
State or political subdivision of a State; and
``(B) to enter into a cooperative agreement with any State,
territory, or political subdivision thereof, for the
necessary construc
[[Page 2650]]
tion, physical renovation, acquisition of equipment, supplies
or materials required to establish acceptable conditions of
confinement and detention services in any State or unit of
local government which agrees to provide guaranteed bed space
for persons detained by the Service.''; and
(2) by adding at the end of subsection (c), as redesignated
by section 102(d)(1) of this division, the following: ``The
Commissioner may enter into cooperative agreements with State
and local law enforcement agencies for the purpose of
assisting in the enforcement of the immigration laws.''.
SEC. 374. JUDICIAL DEPORTATION.
(a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as
added by section 224(a) of Immigration and Nationality
Technical Corrections Act of 1994 and before redesignation by
section 308(b)(5) of this division, is amended--
(1) in paragraph (1), by striking ``whose criminal
conviction causes such alien to be deportable under section
241(a)(2)(A)'' and inserting ``who is deportable'';
(2) in paragraph (4), by striking ``without a decision on
the merits''; and
(3) by adding at the end the following new paragraph:
``(5) Stipulated judicial order of deportation.--The United
States Attorney, with the concurrence of the Commissioner,
may, pursuant to Federal Rule of Criminal Procedure 11, enter
into a plea agreement which calls for the alien, who is
deportable under this Act, to waive the right to notice and a
hearing under this section, and stipulate to the entry of a
judicial order of deportation from the United States as a
condition of the plea agreement or as a condition of
probation or supervised release, or both. The United States
district court, in both felony and misdemeanor cases, and a
United States magistrate judge in misdemeanor cases, may
accept such a stipulation and shall have jurisdiction to
enter a judicial order of deportation pursuant to the terms
of such stipulation.''.
(b) Deportation As a Condition of Probation.--Section
3563(b) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (20);
(2) by redesignating paragraph (21) as paragraph (22); and
(3) by inserting after paragraph (20) the following new
paragraph:
``(21) be ordered deported by a United States district
court, or United States magistrate judge, pursuant to a
stipulation entered into by the defendant and the United
States under section 242A(d)(5) of the Immigration and
Nationality Act, except that, in the absence of a
stipulation, the United States district court or a United
States magistrate judge, may order deportation as a condition
of probation, if, after notice and hearing pursuant to such
section, the Attorney General demonstrates by clear and
convincing evidence that the alien is deportable; or''.
(c) Effective Date.--The amendment made by subsection
(a)(2) shall be effective as if included in the enactment of
section 224(a) of the Immigration and Nationality Technical
Corrections Act of 1994.
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended--
(1) by striking ``or (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; (7) any alien who seeks adjustment of status
to that of an immigrant under section 203(b) and is not in a
lawful nonimmigrant status; or (8) any alien who was employed
while the alien was an unauthorized alien, as defined in
section 274A(h)(3), or who has otherwise violated the terms
of a nonimmigrant visa''.
SEC. 376. TREATMENT OF CERTAIN FEES.
(a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as
added by section 506(b) of Public Law 103-317, is amended--
(1) in paragraph (1), by striking ``five times the fee
required for the processing of applications under this
section'' and inserting ``$1,000''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) The portion of each application fee (not to exceed
$200) that the Attorney General determines is required to
process an application under this section and is remitted to
the Attorney General pursuant to paragraphs (1) and (2) of
this subsection shall be disposed of by the Attorney General
as provided in subsections (m), (n), and (o) of section 286.
``(B) Any remaining portion of such fees remitted under
such paragraphs shall be deposited by the Attorney General
into the Immigration Detention Account established under
section 286(s).''.
(b) Immigration Detention Account.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following new
subsection:
``(s) Immigration Detention Account.--(1) There is
established in the general fund of the Treasury a separate
account which shall be known as the `Immigration Detention
Account'. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the
Immigration Detention Account amounts described in section
245(i)(3)(B) to remain available until expended.
``(2)(A) The Secretary of the Treasury shall refund out of
the Immigration Detention Account to any appropriation the
amount paid out of such appropriation for expenses incurred
by the Attorney General for the detention of aliens under
sections 236(c) and 241(a).
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the
expenses referred to in subparagraph (A). Proper adjustments
shall be made in the amounts subsequently refunded under
subparagraph (A) to the extent prior estimates were in excess
of, or less than, the amount required to be refunded under
subparagraph (A).
``(C) The amounts required to be refunded from the
Immigration Detention Account for fiscal year 1997 and
thereafter shall be refunded in accordance with estimates
made in the budget request of the Attorney General for those
fiscal years. Any proposed changes in the amounts designated
in such budget requests shall only be made after notification
to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605
of Public Law 104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Detention Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(c) Effective Date.--The amendments made by this section
shall apply to applications made on or after the end of the
90-day period beginning on the date of the enactment of this
Act.
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.
(a) Limitation on Court Jurisdiction.--Section 245A(f)(4)
(8 U.S.C. 1255a(f)(4)) is amended by adding at the end the
following new subparagraph:
``(C) Jurisdiction of courts.--Notwithstanding any other
provision of law, no court shall have jurisdiction of any
cause of action or claim by or on behalf of any person
asserting an interest under this section unless such person
in fact filed an application under this section within the
period specified by subsection (a)(1), or attempted to file a
complete application and application fee with an authorized
legalization officer of the Service but had the application
and fee refused by that officer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of the
Immigration Reform and Control Act of 1986.
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.
(a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is
amended by adding at the end the following sentence:
``Nothing in this subsection shall require the Attorney
General to rescind the alien's status prior to commencement
of procedures to remove the alien under section 240, and an
order of removal issued by an immigration judge shall be
sufficient to rescind the alien's status.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the title III-A effective date (as
defined in section 309(a) of this division).
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.
(a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8
U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--
(1) by striking ``unless, within 30 days, the Attorney
General modifies or vacates the decision and order'' and
inserting ``unless either (A) within 30 days, an official
delegated by regulation to exercise review authority over the
decision and order modifies or vacates the decision and
order, or (B) within 30 days of the date of such a
modification or vacation (or within 60 days of the date of
decision and order of an administrative law judge if not so
modified or vacated) the decision and order is referred to
the Attorney General pursuant to regulations''; and
(2) by striking ``a final order'' and inserting ``the final
agency decision and order''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to orders issued on or after the date of the
enactment of this Act.
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 274C the following new
section:
``civil penalties for failure to depart
``Sec. 274D. (a) In General.--Any alien subject to a final
order of removal who--
``(1) willfully fails or refuses to--
``(A) depart from the United States pursuant to the order,
``(B) make timely application in good faith for travel or
other documents necessary for departure, or
``(C) present for removal at the time and place required by
the Attorney General; or
``(2) conspires to or takes any action designed to prevent
or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
``(b) Construction.--Nothing in this section shall be
construed to diminish or qualify any penalties to which an
alien may be subject for activities proscribed by section
243(a) or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 274C the
following new item:
``Sec. 274D. Civil penalties for failure to depart.''.
[[Page 2651]]
(c) Effective Date.--The amendment made by subsection (a)
shall apply to actions occurring on or after the title III-A
effective date (as defined in section 309(a) of this
division).
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.
(a) In General.--Section 279 (8 U.S.C. 1329) is amended--
(1) by amending the first sentence to read as follows:
``The district courts of the United States shall have
jurisdiction of all causes, civil and criminal, brought by
the United States that arise under the provisions of this
title.'', and
(2) by adding at the end the following new sentence:
``Nothing in this section shall be construed as providing
jurisdiction for suits against the United States or its
agencies or officers.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to actions filed after the date of the enactment
of this Act.
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO
ENFORCEMENT.
(a) In General.--Subsection (b) of section 280 (8 U.S.C.
1330) is amended to read as follows:
``(b)(1) There is established in the general fund of the
Treasury a separate account which shall be known as the
`Immigration Enforcement Account'. Notwithstanding any other
section of this title, there shall be deposited as offsetting
receipts into the Immigration Enforcement Account amounts
described in paragraph (2) to remain available until
expended.
``(2) The amounts described in this paragraph are the
following:
``(A) The increase in penalties collected resulting from
the amendments made by sections 203(b) and 543(a) of the
Immigration Act of 1990.
``(B) Civil penalties collected under sections 240B(d),
274C, 274D, and 275(b).
``(3)(A) The Secretary of the Treasury shall refund out of
the Immigration Enforcement Account to any appropriation the
amount paid out of such appropriation for expenses incurred
by the Attorney General for activities that enhance
enforcement of provisions of this title. Such activities
include--
``(i) the identification, investigation, apprehension,
detention, and removal of criminal aliens;
``(ii) the maintenance and updating of a system to identify
and track criminal aliens, deportable aliens, inadmissible
aliens, and aliens illegally entering the United States; and
``(iii) for the repair, maintenance, or construction on the
United States border, in areas experiencing high levels of
apprehensions of illegal aliens, of structures to deter
illegal entry into the United States.
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the
expenses referred to in subparagraph (A). Proper adjustments
shall be made in the amounts subsequently refunded under
subparagraph (A) to the extent prior estimates were in excess
of, or less than, the amount required to be refunded under
subparagraph (A).
``(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996 and
thereafter shall be refunded in accordance with estimates
made in the budget request of the Attorney General for those
fiscal years. Any proposed changes in the amounts designated
in such budget requests shall only be made after notification
to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605
of Public Law 104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Enforcement Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(b) Immigration User Fee Account.--Section 286(h)(1)(B) (8
U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and
inserting ``243(c), 271,''.
(c) Effective Date.--The amendments made by this section
shall apply to fines and penalties collected on or after the
date of the enactment of this Act.
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY
PROGRAM.
(a) In General.--Section 301(e) of the Immigration Act of
1990 (8 U.S.C. 1255a note) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``, or'', and
(3) by adding at the end the following new paragraph:
``(3) has committed an act of juvenile delinquency which if
committed by an adult would be classified as--
``(A) a felony crime of violence that has an element the
use or attempted use of physical force against another
individual, or
``(B) a felony offense that by its nature involves a
substantial risk that physical force against another
individual may be used in the course of committing the
offense.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to benefits granted or extended after the date of
the enactment of this Act.
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) In General.--Except as provided in subsection (b), in
no case may the Attorney General, or any other official or
employee of the Department of Justice (including any bureau
or agency of such Department)--
(1) make an adverse determination of admissibility or
deportability of an alien under the Immigration and
Nationality Act using information furnished solely by--
(A) a spouse or parent who has battered the alien or
subjected the alien to extreme cruelty,
(B) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien or
subjected the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien's child
or subjected the alien's child to extreme cruelty (without
the active participation of the alien in the battery or
extreme cruelty), or
(D) a member of the spouse's or parent's family residing in
the same household as the alien who has battered the alien's
child or subjected the alien's child to extreme cruelty when
the spouse or parent consented to or acquiesced in such
battery or cruelty and the alien did not actively participate
in such battery or cruelty,
unless the alien has been convicted of a crime or crimes
listed in section 241(a)(2) of the Immigration and
Nationality Act; or
(2) permit use by or disclosure to anyone (other than a
sworn officer or employee of the Department, or bureau or
agency thereof, for legitimate Department, bureau, or agency
purposes) of any information which relates to an alien who is
the beneficiary of an application for relief under clause
(iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii)
of section 204(a)(1)(B), section 216(c)(4)(C), or section
244(a)(3) of such Act as an alien (or the parent of a child)
who has been battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application
for relief is denied and all opportunities for appeal of the
denial have been exhausted.
(b) Exceptions.--
(1) The Attorney General may provide, in the Attorney
General's discretion, for the disclosure of information in
the same manner and circumstances as census information may
be disclosed by the Secretary of Commerce under section 8 of
title 13, United States Code.
(2) The Attorney General may provide in the discretion of
the Attorney General for the disclosure of information to law
enforcement officials to be used solely for a legitimate law
enforcement purpose.
(3) Subsection (a) shall not be construed as preventing
disclosure of information in connection with judicial review
of a determination in a manner that protects the
confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the battered
individuals in the case are adults and they have all waived
the restrictions of such subsection.
(c) Penalties for Violations.--Anyone who willfully uses,
publishes, or permits information to be disclosed in
violation of this section shall be subject to appropriate
disciplinary action and subject to a civil money penalty of
not more than $5,000 for each such violation.
(d) Conforming Amendments to Other Disclosure
Restrictions.--
(1) In general.--The last sentence of section 210(b)(6) and
the second sentence of section 245A(c)(5) (8 U.S.C.
1255a(c)(5)) are each amended to read as follows: ``Anyone
who uses, publishes, or permits information to be examined in
violation of this paragraph shall be subject to appropriate
disciplinary action and subject to a civil money penalty of
not more than $5,000 for each violation.''.
(2) Effective date.--The amendments made by this subsection
shall apply to offenses occurring on or after the date of the
enactment of this Act.
SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF
ALIENS.
In addition to the amounts otherwise authorized to be
appropriated for each fiscal year beginning with fiscal year
1996, there are authorized to be appropriated to the Attorney
General $150,000,000 for costs associated with the removal of
inadmissible or deportable aliens, including costs of
detention of such aliens pending their removal, the hiring of
more investigators, and the hiring of more detention and
deportation officers.
SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON
DETENTION SPACE.
(a) Increase in Detention Facilities.--Subject to the
availability of appropriations, the Attorney General shall
provide for an increase in the detention facilities of the
Immigration and Naturalization Service to at least 9,000 beds
before the end of fiscal year 1997.
(b) Report on Detention Space.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter, the
Attorney General shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the
Senate estimating the amount of detention space that will be
required, during the fiscal year in which the report is
submitted and the succeeding fiscal year, to detain--
(A) all aliens subject to detention under section 236(c) of
the Immigration and Nationality Act (as amended by section
303 of this title) and section 241(a) of the Immigration and
Nationality Act (as inserted by section 305(a)(3) of this
title);
(B) all excludable or deportable aliens subject to
proceedings under section 238 of the
[[Page 2652]]
Immigration and Nationality Act (as redesignated by section
308(b)(5) of this title) or section 235(b)(2)(A) or 240 of
the Immigration and Nationality Act; and
(C) other excludable or deportable aliens in accordance
with the priorities established by the Attorney General.
(2) Estimate of number of aliens released into the
community.--
(A) Criminal aliens.--
(i) In general.--The first report submitted under paragraph
(1) shall include an estimate of the number of criminal
aliens who, in each of the 3 fiscal years concluded prior to
the date of the report--
(I) were released from detention facilities of the
Immigration and Naturalization Service (whether operated
directly by the Service or through contract with other
persons or agencies); or
(II) were not taken into custody or detention by the
Service upon completion of their incarceration.
(ii) Aliens convicted of aggravated felonies.--The estimate
under clause (i) shall estimate separately, with respect to
each year described in such clause, the number of criminal
aliens described in such clause who were convicted of an
aggravated felony.
(B) All excludable or deportable aliens.--The first report
submitted under paragraph (1) shall also estimate the number
of excludable or deportable aliens who were released into the
community due to a lack of detention facilities in each of
the 3 fiscal years concluded prior to the date of the report
notwithstanding circumstances that the Attorney General
believed justified detention (for example, a significant
probability that the released alien would not appear, as
agreed, at subsequent exclusion or deportation proceedings).
(C) Subsequent reports.--Each report under paragraph (1)
following the first such report shall include the estimates
under subparagraphs (A) and (B), made with respect to the 6-
month period immediately preceding the date of the submission
of the report.
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR
THE DETENTION OF INADMISSIBLE OR DEPORTABLE
ALIENS.
(a) Establishment.--The Attorney General and the Secretary
of Defense shall establish one or more pilot programs for up
to 2 years each to determine the feasibility of the use of
military bases, available because of actions under a base
closure law, as detention centers by the Immigration and
Naturalization Service. In selecting real property at a
military base for use as a detention center under the pilot
program, the Attorney General and the Secretary shall consult
with the redevelopment authority established for the military
base and give substantial deference to the redevelopment plan
prepared for the military base.
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Attorney General, together with
the Secretary of Defense, shall submit a report to the
Committees on the Judiciary of the House of Representatives
and of the Senate, and the Committees on Armed Services of
the House of Representatives and of the Senate, on the
feasibility of using military bases closed under a base
closure law as detention centers by the Immigration and
Naturalization Service.
(c) Definition.--For purposes of this section, the term
``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the
enactment of this Act.
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.
Not later than 30 months after the date of the enactment of
this Act, the Attorney General, in consultation with the
Secretary of State, shall submit a report to the Committees
on the Judiciary of the House of Representatives and of the
Senate on the operation of the program of interior
repatriation developed under section 437 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132).
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
SEC. 401. ESTABLISHMENT OF PROGRAMS.
(a) In General.--The Attorney General shall conduct 3 pilot
programs of employment eligibility confirmation under this
subtitle.
(b) Implementation Deadline; Termination.--The Attorney
General shall implement the pilot programs in a manner that
permits persons and other entities to have elections under
section 402 of this division made and in effect no later than
1 year after the date of the enactment of this Act. Unless
the Congress otherwise provides, the Attorney General shall
terminate a pilot program at the end of the 4-year period
beginning on the first day the pilot program is in effect.
(c) Scope of Operation of Pilot Programs.--The Attorney
General shall provide for the operation--
(1) of the basic pilot program (described in section 403(a)
of this division) in, at a minimum, 5 of the 7 States with
the highest estimated population of aliens who are not
lawfully present in the United States;
(2) of the citizen attestation pilot program (described in
section 403(b) of this division) in at least 5 States (or, if
fewer, all of the States) that meet the condition described
in section 403(b)(2)(A) of this division; and
(3) of the machine-readable-document pilot program
(described in section 403(c) of this division) in at least 5
States (or, if fewer, all of the States) that meet the
condition described in section 403(c)(2) of this division.
(d) References in Subtitle.--In this subtitle--
(1) Pilot program references.--The terms ``program'' or
``pilot program'' refer to any of the 3 pilot programs
provided for under this subtitle.
(2) Confirmation system.--The term ``confirmation system''
means the confirmation system established under section 404
of this division.
(3) References to section 274a.--Any reference in this
subtitle to section 274A (or a subdivision of such section)
is deemed a reference to such section (or subdivision
thereof) of the Immigration and Nationality Act.
(4) I-9 or similar form.--The term ``I-9 or similar form''
means the form used for purposes of section 274A(b)(1)(A) or
such other form as the Attorney General determines to be
appropriate.
(5) Limited application to recruiters and referrers.--Any
reference to recruitment or referral (or a recruiter or
referrer) in relation to employment is deemed a reference
only to such recruitment or referral (or recruiter or
referrer) that is subject to section 274A(a)(1)(B)(ii).
(6) United states citizenship.--The term ``United States
citizenship'' includes United States nationality.
(7) State.--The term ``State'' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT
PROGRAM.
(a) Voluntary Election.--Subject to subsection (c)(3)(B),
any person or other entity that conducts any hiring (or
recruitment or referral) in a State in which a pilot program
is operating may elect to participate in that pilot program.
Except as specifically provided in subsection (e), the
Attorney General may not require any person or other entity
to participate in a pilot program.
(b) Benefit of Rebuttable Presumption.--
(1) In general.--If a person or other entity is
participating in a pilot program and obtains confirmation of
identity and employment eligibility in compliance with the
terms and conditions of the program with respect to the
hiring (or recruitment or referral) of an individual for
employment in the United States, the person or entity has
established a rebuttable presumption that the person or
entity has not violated section 274A(a)(1)(A) with respect to
such hiring (or such recruitment or referral).
(2) Construction.--Paragraph (1) shall not be construed as
preventing a person or other entity that has an election in
effect under subsection (a) from establishing an affirmative
defense under section 274A(a)(3) if the person or entity
complies with the requirements of section 274A(a)(1)(B) but
fails to obtain confirmation under paragraph (1).
(c) General Terms of Elections.--
(1) In general.--An election under subsection (a) shall be
in such form and manner, under such terms and conditions, and
shall take effect, as the Attorney General shall specify. The
Attorney General may not impose any fee as a condition of
making an election or participating in a pilot program.
(2) Scope of election.--
(A) In general.--Subject to paragraph (3), any electing
person or other entity may provide that the election under
subsection (a) shall apply (during the period in which the
election is in effect)--
(i) to all its hiring (and all recruitment or referral) in
the State (or States) in which the pilot program is
operating, or
(ii) to its hiring (or recruitment or referral) in one or
more pilot program States or one or more places of hiring (or
recruitment or referral, as the case may be) in the pilot
program States.
(B) Application of programs in non-pilot program states.--
In addition, the Attorney General may permit a person or
entity electing--
(i) the basic pilot program (described in section 403(a) of
this division) to provide that the election applies to its
hiring (or recruitment or referral) in one or more States or
places of hiring (or recruitment or referral) in which the
pilot program is not otherwise operating, or
(ii) the citizen attestation pilot program (described in
403(b) of this division) or the machine-readable-document
pilot program (described in section 403(c) of this division)
to provide that the election applies to its hiring (or
recruitment or referral) in one or more States or places of
hiring (or recruitment or referral) in which the pilot
program is not otherwise operating but only if such States
meet the requirements of 403(b)(2)(A) and 403(c)(2) of this
division, respectively.
(3) Acceptance and rejection of elections.--
(A) In general.--Except as provided in subparagraph (B),
the Attorney General shall accept all elections made under
subsection (a).
(B) Rejection of elections.--The Attorney General may
reject an election by a person or other entity under this
section or limit its applicability to certain States or
places of hiring (or recruitment or referral) if the Attorney
General has determined that
[[Page 2653]]
there are insufficient resources to provide appropriate
services under a pilot program for the person's or entity's
hiring (or recruitment or referral) in any or all States or
places of hiring.
(4) Termination of elections.--The Attorney General may
terminate an election by a person or other entity under this
section because the person or entity has substantially failed
to comply with its obligations under the pilot program. A
person or other entity may terminate an election in such form
and manner as the Attorney General shall specify.
(d) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall closely
consult with representatives of employers (and recruiters and
referrers) in the development and implementation of the pilot
programs, including the education of employers (and
recruiters and referrers) about such programs.
(2) Publicity.--The Attorney General shall widely publicize
the election process and pilot programs, including the
voluntary nature of the pilot programs and the advantages to
employers (and recruiters and referrers) of making an
election under this section.
(3) Assistance through district offices.--The Attorney
General shall designate one or more individuals in each
District office of the Immigration and Naturalization Service
for a Service District in which a pilot program is being
implemented--
(A) to inform persons and other entities that seek
information about pilot programs of the voluntary nature of
such programs, and
(B) to assist persons and other entities in electing and
participating in any pilot programs in effect in the
District, in complying with the requirements of section 274A,
and in facilitating confirmation of the identity and
employment eligibility of individuals consistent with such
section.
(e) Select Entities Required to Participate in a Pilot
Program.--
(1) Federal government.--
(A) Executive departments.--
(i) In general.--Each Department of the Federal Government
shall elect to participate in a pilot program and shall
comply with the terms and conditions of such an election.
(ii) Election.--Subject to clause (iii), the Secretary of
each such Department--
(I) shall elect the pilot program (or programs) in which
the Department shall participate, and
(II) may limit the election to hiring occurring in certain
States (or geographic areas) covered by the program (or
programs) and in specified divisions within the Department,
so long as all hiring by such divisions and in such locations
is covered.
(iii) Role of attorney general.--The Attorney General shall
assist and coordinate elections under this subparagraph in
such manner as assures that--
(I) a significant portion of the total hiring within each
Department within States covered by a pilot program is
covered under such a program, and
(II) there is significant participation by the Federal
Executive branch in each of the pilot programs.
(B) Legislative branch.--Each Member of Congress, each
officer of Congress, and the head of each agency of the
legislative branch, that conducts hiring in a State in which
a pilot program is operating shall elect to participate in a
pilot program, may specify which pilot program or programs
(if there is more than one) in which the Member, officer, or
agency will participate, and shall comply with the terms and
conditions of such an election.
(2) Application to certain violators.--An order under
section 274A(e)(4) or section 274B(g) of the Immigration and
Nationality Act may require the subject of the order to
participate in, and comply with the terms of, a pilot program
with respect to the subject's hiring (or recruitment or
referral) of individuals in a State covered by such a
program.
(3) Consequence of failure to participate.--If a person or
other entity is required under this subsection to participate
in a pilot program and fails to comply with the requirements
of such program with respect to an individual--
(A) such failure shall be treated as a violation of section
274A(a)(1)(B) with respect to that individual, and
(B) a rebuttable presumption is created that the person or
entity has violated section 274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution under
section 274A(f)(1).
(f) Construction.--This subtitle shall not affect the
authority of the Attorney General under any other law
(including section 274A(d)(4)) to conduct demonstration
projects in relation to section 274A.
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.
(a) Basic Pilot Program.--A person or other entity that
elects to participate in the basic pilot program described in
this subsection agrees to conform to the following procedures
in the case of the hiring (or recruitment or referral) for
employment in the United States of each individual covered by
the election:
(1) Provision of additional information.--The person or
entity shall obtain from the individual (and the individual
shall provide) and shall record on the I-9 or similar form--
(A) the individual's social security account number, if the
individual has been issued such a number, and
(B) if the individual does not attest to United States
citizenship under section 274A(b)(2), such identification or
authorization number established by the Immigration and
Naturalization Service for the alien as the Attorney General
shall specify,
and shall retain the original form and make it available for
inspection for the period and in the manner required of I-9
forms under section 274A(b)(3).
(2) Presentation of documentation.--
(A) In general.--The person or other entity, and the
individual whose identity and employment eligibility are
being confirmed, shall, subject to subparagraph (B), fulfill
the requirements of section 274A(b) with the following
modifications:
(i) A document referred to in section 274A(b)(1)(B)(ii) (as
redesignated by section 412(a) of this division) must be
designated by the Attorney General as suitable for the
purpose of identification in a pilot program.
(ii) A document referred to in section 274A(b)(1)(D) must
contain a photograph of the individual.
(iii) The person or other entity has complied with the
requirements of section 274A(b)(1) with respect to
examination of a document if the document reasonably appears
on its face to be genuine and it reasonably appears to
pertain to the individual whose identity and work eligibility
is being confirmed.
(B) Limitation of requirement to examine documentation.--If
the Attorney General finds that a pilot program would
reliably determine with respect to an individual whether--
(i) the person with the identity claimed by the individual
is authorized to work in the United States, and
(ii) the individual is claiming the identity of another
person,
if a person or entity could fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in
either subparagraph (B) or (D) of such section, the Attorney
General may provide that, for purposes of such requirement,
only such a document need be examined. In such case, any
reference in section 274A(b)(1)(A) to a verification that an
individual is not an unauthorized alien shall be deemed to be
a verification of the individual's identity.
(3) Seeking confirmation.--
(A) In general.--The person or other entity shall make an
inquiry, as provided in section 404(a)(1) of this division,
using the confirmation system to seek confirmation of the
identity and employment eligibility of an individual, by not
later than the end of 3 working days (as specified by the
Attorney General) after the date of the hiring (or
recruitment or referral, as the case may be).
(B) Extension of time period.--If the person or other
entity in good faith attempts to make an inquiry during such
3 working days and the confirmation system has registered
that not all inquiries were received during such time, the
person or entity can make an inquiry in the first subsequent
working day in which the confirmation system registers that
it has received all inquiries. If the confirmation system
cannot receive inquiries at all times during a day, the
person or entity merely has to assert that the entity
attempted to make the inquiry on that day for the previous
sentence to apply to such an inquiry, and does not have to
provide any additional proof concerning such inquiry.
(4) Confirmation or nonconfirmation.--
(A) Confirmation upon initial inquiry.--If the person or
other entity receives an appropriate confirmation of an
individual's identity and work eligibility under the
confirmation system within the time period specified under
section 404(b) of this division, the person or entity shall
record on the I-9 or similar form an appropriate code that is
provided under the system and that indicates a final
confirmation of such identity and work eligibility of the
individual.
(B) Nonconfirmation upon initial inquiry and secondary
verification.--
(i) Nonconfirmation.--If the person or other entity
receives a tentative nonconfirmation of an individual's
identity or work eligibility under the confirmation system
within the time period specified under 404(b) of this
division, the person or entity shall so inform the individual
for whom the confirmation is sought.
(ii) No contest.--If the individual does not contest the
nonconfirmation within the time period specified in section
404(c) of this division, the nonconfirmation shall be
considered final. The person or entity shall then record on
the I-9 or similar form an appropriate code which has been
provided under the system to indicate a tentative
nonconfirmation.
(iii) Contest.--If the individual does contest the
nonconfirmation, the individual shall utilize the process for
secondary verification provided under section 404(c) of this
division. The nonconfirmation will remain tentative until a
final confirmation or nonconfirmation is provided by the
confirmation system within the time period specified in such
section. In no case shall an employer terminate employment of
an individual because of a failure of the individual to have
identity and work eligibility confirmed under this section
until a nonconfirmation becomes final. Nothing in this clause
shall apply to a termination of employment for any reason
other than because of such a failure.
[[Page 2654]]
(iv) Recording of conclusion on form.--If a final
confirmation or nonconfirmation is provided by the
confirmation system under section 404(c) of this division
regarding an individual, the person or entity shall record on
the I-9 or similar form an appropriate code that is provided
under the system and that indicates a confirmation or
nonconfirmation of identity and work eligibility of the
individual.
(C) Consequences of nonconfirmation.--
(i) Termination or notification of continued employment.--
If the person or other entity has received a final
nonconfirmation regarding an individual under subparagraph
(B), the person or entity may terminate employment (or
recruitment or referral) of the individual. If the person or
entity does not terminate employment (or recruitment or
referral) of the individual, the person or entity shall
notify the Attorney General of such fact through the
confirmation system or in such other manner as the Attorney
General may specify.
(ii) Failure to notify.--If the person or entity fails to
provide notice with respect to an individual as required
under clause (i), the failure is deemed to constitute a
violation of section 274A(a)(1)(B) with respect to that
individual and the applicable civil monetary penalty under
section 274A(e)(5) shall be (notwithstanding the amounts
specified in such section) no less than $500 and no more than
$1,000 for each individual with respect to whom such
violation occurred.
(iii) Continued employment after final nonconfirmation.--If
the person or other entity continues to employ (or to recruit
or refer) an individual after receiving final
nonconfirmation, a rebuttable presumption is created that the
person or entity has violated section 274A(a)(1)(A). The
previous sentence shall not apply in any prosecution under
section 274A(f)(1).
(b) Citizen Attestation Pilot Program.--
(1) In general.--Except as provided in paragraphs (3)
through (5), the procedures applicable under the citizen
attestation pilot program under this subsection shall be the
same procedures as those under the basic pilot program under
subsection (a).
(2) Restrictions.--
(A) State document requirement to participate in pilot
program.--The Attorney General may not provide for the
operation of the citizen attestation pilot program in a State
unless each driver's license or similar identification
document described in section 274A(b)(1)(D)(i) issued by the
State--
(i) contains a photograph of the individual involved, and
(ii) has been determined by the Attorney General to have
security features, and to have been issued through
application and issuance procedures, which make such document
sufficiently resistant to counterfeiting, tampering, and
fraudulent use that it is a reliable means of identification
for purposes of this section.
(B) Authorization to limit employer participation.--The
Attorney General may restrict the number of persons or other
entities that may elect to participate in the citizen
attestation pilot program under this subsection as the
Attorney General determines to be necessary to produce a
representative sample of employers and to reduce the
potential impact of fraud.
(3) No confirmation required for certain individuals
attesting to u.s. citizenship.--In the case of a person or
other entity hiring (or recruiting or referring) an
individual under the citizen attestation pilot program, if
the individual attests to United States citizenship (under
penalty of perjury on an I-9 or similar form which form
states on its face the criminal and other penalties provided
under law for a false representation of United States
citizenship)--
(A) the person or entity may fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in
either subparagraph (B)(i) or (D) of such section; and
(B) the person or other entity is not required to comply
with respect to such individual with the procedures described
in paragraphs (3) and (4) of subsection (a), but only if the
person or entity retains the form and makes it available for
inspection in the same manner as in the case of an I-9 form
under section 274A(b)(3).
(4) Waiver of document presentation requirement in certain
cases.--
(A) In general.--In the case of a person or entity that
elects, in a manner specified by the Attorney General
consistent with subparagraph (B), to participate in the pilot
program under this paragraph, if an individual being hired
(or recruited or referred) attests (in the manner described
in paragraph (3)) to United States citizenship and the person
or entity retains the form on which the attestation is made
and makes it available for inspection in the same manner as
in the case of an I-9 form under section 274A(b)(3), the
person or entity is not required to comply with the
procedures described in section 274A(b).
(B) Restriction.--The Attorney General shall restrict the
election under this paragraph to no more than 1,000 employers
and, to the extent practicable, shall select among employers
seeking to make such election in a manner that provides for
such an election by a representative sample of employers.
(5) Nonreviewable determinations.--The determinations of
the Attorney General under paragraphs (2) and (4) are within
the discretion of the Attorney General and are not subject to
judicial or administrative review.
(c) Machine-Readable-Document Pilot Program.--
(1) In general.--Except as provided in paragraph (3), the
procedures applicable under the machine-readable-document
pilot program under this subsection shall be the same
procedures as those under the basic pilot program under
subsection (a).
(2) State document requirement to participate in pilot
program.--The Attorney General may not provide for the
operation of the machine-readable-document pilot program in a
State unless driver's licenses and similar identification
documents described in section 274A(b)(1)(D)(i) issued by the
State include a machine-readable social security account
number.
(3) Use of machine-readable documents.--If the individual
whose identity and employment eligibility must be confirmed
presents to the person or entity hiring (or recruiting or
referring) the individual a license or other document
described in paragraph (2) that includes a machine-readable
social security account number, the person or entity must
make an inquiry through the confirmation system by using a
machine-readable feature of such document. If the individual
does not attest to United States citizenship under section
274A(b)(2), the individual's identification or authorization
number described in subsection (a)(1)(B) shall be provided as
part of the inquiry.
(d) Protection from Liability for Actions Taken on the
Basis of Information Provided by the Confirmation System.--No
person or entity participating in a pilot program shall be
civilly or criminally liable under any law for any action
taken in good faith reliance on information provided through
the confirmation system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--The Attorney General shall establish a
pilot program confirmation system through which the Attorney
General (or a designee of the Attorney General, which may be
a nongovernmental entity)--
(1) responds to inquiries made by electing persons and
other entities (including those made by the transmittal of
data from machine-readable documents under the machine-
readable pilot program) at any time through a toll-free
telephone line or other toll-free electronic media concerning
an individual's identity and whether the individual is
authorized to be employed, and
(2) maintains records of the inquiries that were made, of
confirmations provided (or not provided), and of the codes
provided to inquirers as evidence of their compliance with
their obligations under the pilot programs.
To the extent practicable, the Attorney General shall seek to
establish such a system using one or more nongovernmental
entities.
(b) Initial Response.--The confirmation system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing
confirmation or tentative nonconfirmation, the confirmation
system shall provide an appropriate code indicating such
confirmation or such nonconfirmation.
(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available
secondary verification process to confirm the validity of
information provided and to provide a final confirmation or
nonconfirmation within 10 working days after the date of the
tentative nonconfirmation. When final confirmation or
nonconfirmation is provided, the confirmation system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
(d) Design and Operation of System.--The confirmation
system shall be designed and operated--
(1) to maximize its reliability and ease of use by persons
and other entities making elections under section 402(a) of
this division consistent with insulating and protecting the
privacy and security of the underlying information;
(2) to respond to all inquiries made by such persons and
entities on whether individuals are authorized to be employed
and to register all times when such inquiries are not
received;
(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
(4) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--
(A) the selective or unauthorized use of the system to
verify eligibility;
(B) the use of the system prior to an offer of employment;
or
(C) the exclusion of certain individuals from consideration
for employment as a result of a perceived likelihood that
additional verification will be required, beyond what is
required for most job applicants.
(e) Responsibilities of the Commissioner of Social
Security.--As part of the confirmation system, the
Commissioner of Social Security, in consultation with the
entity responsible for administration of the system, shall
establish a reliable, secure method, which, within the time
periods specified under subsections (b) and (c), compares the
name and social security account number provided in an
inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the valid
[[Page 2655]]
ity of the information provided regarding an individual whose
identity and employment eligibility must be confirmed, the
correspondence of the name and number, and whether the
individual has presented a social security account number
that is not valid for employment. The Commissioner shall not
disclose or release social security information (other than
such confirmation or nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration
and Naturalization Service.--As part of the confirmation
system, the Commissioner of the Immigration and
Naturalization Service, in consultation with the entity
responsible for administration of the system, shall establish
a reliable, secure method, which, within the time periods
specified under subsections (b) and (c), compares the name
and alien identification or authorization number described in
section 403(a)(1)(B) of this division which are provided in
an inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the
validity of the information provided, the correspondence of
the name and number, and whether the alien is authorized to
be employed in the United States.
(g) Updating Information.--The Commissioners of Social
Security and the Immigration and Naturalization Service shall
update their information in a manner that promotes the
maximum accuracy and shall provide a process for the prompt
correction of erroneous information, including instances in
which it is brought to their attention in the secondary
verification process described in subsection (c).
(h) Limitation on Use of the Confirmation System and Any
Related Systems.--
(1) In general.--Notwithstanding any other provision of
law, nothing in this subtitle shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this subtitle for any other
purpose other than as provided for under a pilot program.
(2) No national identification card.--Nothing in this
subtitle shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.
SEC. 405. REPORTS.
The Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate
reports on the pilot programs within 3 months after the end
of the third and fourth years in which the programs are in
effect. Such reports shall--
(1) assess the degree of fraudulent attesting of United
States citizenship,
(2) include recommendations on whether or not the pilot
programs should be continued or modified, and
(3) assess the benefits of the pilot programs to employers
and the degree to which they assist in the enforcement of
section 274A.
Subtitle B--Other Provisions Relating to Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS
OF PAPERWORK REQUIREMENTS.
(a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is
amended by adding at the end the following new paragraph:
``(6) Good faith compliance.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a person or entity is considered to have complied
with a requirement of this subsection notwithstanding a
technical or procedural failure to meet such requirement if
there was a good faith attempt to comply with the
requirement.
``(B) Exception if failure to correct after notice.--
Subparagraph (A) shall not apply if--
``(i) the Service (or another enforcement agency) has
explained to the person or entity the basis for the failure,
``(ii) the person or entity has been provided a period of
not less than 10 business days (beginning after the date of
the explanation) within which to correct the failure, and
``(iii) the person or entity has not corrected the failure
voluntarily within such period.
``(C) Exception for pattern or practice violators.--
Subparagraph (A) shall not apply to a person or entity that
has or is engaging in a pattern or practice of violations of
subsection (a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER
SANCTIONS PROGRAM.
(a) Reducing the Number of Documents Accepted for
Employment Verification.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ``or other alien
registration card, if the card'' and inserting ``, alien
registration card, or other document designated by the
Attorney General, if the document'' and redesignating such
clause as clause (ii), and
(C) in clause (ii), as so redesignated--
(i) in subclause (I), by striking ``or'' before ``such
other personal identifying information'' and inserting
``and'',
(ii) by striking ``and'' at the end of subclause (I),
(iii) by striking the period at the end of subclause (II)
and inserting ``, and'', and
(iv) by adding at the end the following new subclause:
``(III) contains security features to make it resistant to
tampering, counterfeiting, and fraudulent use.'';
(2) in subparagraph (C)--
(A) by adding ``or'' at the end of clause (i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause (ii); and
(3) by adding at the end the following new subparagraph:
``(E) Authority to prohibit use of certain documents.--If
the Attorney General finds, by regulation, that any document
described in subparagraph (B), (C), or (D) as establishing
employment authorization or identity does not reliably
establish such authorization or identity or is being used
fraudulently to an unacceptable degree, the Attorney General
may prohibit or place conditions on its use for purposes of
this subsection.''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end
the following new paragraph:
``(6) Treatment of documentation for certain employees.--
``(A) In general.--For purposes of this section, if--
``(i) an individual is a member of a collective-bargaining
unit and is employed, under a collective bargaining agreement
entered into between one or more employee organizations and
an association of two or more employers, by an employer that
is a member of such association, and
``(ii) within the period specified in subparagraph (B),
another employer that is a member of the association (or an
agent of such association on behalf of the employer) has
complied with the requirements of subsection (b) with respect
to the employment of the individual,
the subsequent employer shall be deemed to have complied with
the requirements of subsection (b) with respect to the hiring
of the employee and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this subparagraph is
3 years, or, if less, the period of time that the individual
is authorized to be employed in the United States.
``(C) Liability.--
``(i) In general.--If any employer that is a member of an
association hires for employment in the United States an
individual and relies upon the provisions of subparagraph (A)
to comply with the requirements of subsection (b) and the
individual is an alien not authorized to work in the United
States, then for the purposes of paragraph (1)(A), subject to
clause (ii), the employer shall be presumed to have known at
the time of hiring or afterward that the individual was an
alien not authorized to work in the United States.
``(ii) Rebuttal of presumption.--The presumption
established by clause (i) may be rebutted by the employer
only through the presentation of clear and convincing
evidence that the employer did not know (and could not
reasonably have known) that the individual at the time of
hiring or afterward was an alien not authorized to work in
the United States.
``(iii) Exception.--Clause (i) shall not apply in any
prosecution under subsection (f)(1).''.
(c) Elimination of Dated Provisions.--Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through
(n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection
(b), is amended by adding at the end the following new
paragraph:
``(7) Application to federal government.--For purposes of
this section, the term `entity' includes an entity in any
branch of the Federal Government.''.
(e) Effective Dates.--
(1) The amendments made by subsection (a) shall apply with
respect to hiring (or recruitment or referral) occurring on
or after such date (not later than 12 months after the date
of the enactment of this Act) as the Attorney General shall
designate.
(2) The amendment made by subsection (b) shall apply to
individuals hired on or after 60 days after the date of the
enactment of this Act.
(3) The amendment made by subsection (c) shall take effect
on the date of the enactment of this Act.
(4) The amendment made by subsection (d) applies to hiring
occurring before, on, or after the date of the enactment of
this Act, but no penalty shall be imposed under subsection
(e) or (f) of section 274A of the Immigration and Nationality
Act for such hiring occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED
FOR ENFORCEMENT OF EMPLOYER SANCTIONS
PROVISIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall submit
to the Committees on the Judiciary of the House of
Representatives and of the Senate a report on any additional
authority or resources needed--
(1) by the Immigration and Naturalization Service in order
to enforce section 274A of the Immigration and Nationality
Act, or
(2) by Federal agencies in order to carry out the Executive
Order of February 13, 1996 (entitled ``Economy and Efficiency
in Government Procurement Through Compliance with Certain
Immigration and Naturaliza
[[Page 2656]]
tion Act Provisions'') and to expand the restrictions in such
order to cover agricultural subsidies, grants, job training
programs, and other Federally subsidized assistance programs.
(b) Reference to Increased Authorization of
Appropriations.--For provision increasing the authorization
of appropriations for investigators for violations of
sections 274 and 274A of the Immigration and Nationality Act,
see section 131 of this division.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO
WORK.
(a) In General.--Subsection (c) of section 290 (8 U.S.C.
1360) is amended to read as follows:
``(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the
Commissioner of Social Security shall report to the
Committees on the Judiciary of the House of Representatives
and the Senate on the aggregate quantity of social security
account numbers issued to aliens not authorized to be
employed, with respect to which, in such fiscal year,
earnings were reported to the Social Security Administration.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in
the United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the
earnings. The information shall be provided in an electronic
form agreed upon by the Commissioner and the Attorney
General.''.
(b) Report on Fraudulent Use of Social Security Account
Numbers.--The Commissioner of Social Security shall transmit
to the Attorney General, by not later than 1 year after the
date of the enactment of this Act, a report on the extent to
which social security account numbers and cards are used by
aliens for fraudulent purposes.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON
ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to
provide the alien's social security account number for
purposes of inclusion in any record of the alien maintained
by the Attorney General or the Service.''.
SEC. 416. SUBPOENA AUTHORITY.
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and''; and
(3) by inserting after subparagraph (B) the following:
``(C) immigration officers designated by the Commissioner
may compel by subpoena the attendance of witnesses and the
production of evidence at any designated place prior to the
filing of a complaint in a case under paragraph (2).''.
Subtitle C--Unfair Immigration-Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS
UNFAIR IMMIGRATION-RELATED EMPLOYMENT
PRACTICES.
(a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6))
is amended--
(1) by striking ``For purposes of paragraph (1), a'' and
inserting ``A''; and
(2) by striking ``relating to the hiring of individuals''
and inserting the following: ``if made for the purpose or
with the intent of discriminating against an individual in
violation of paragraph (1)''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to requests made on or after the date of the
enactment of this Act.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
Subtitle A--Eligibility of Aliens for Public Assistance and Benefits
SEC. 501. EXCEPTION TO INELIGIBILITY FOR PUBLIC BENEFITS FOR
CERTAIN BATTERED ALIENS.
Section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) is
amended by adding at the end the following new subsection:
``(c) Treatment of Certain Battered Aliens as Qualified
Aliens.--For purposes of this title, the term `qualified
alien' includes--
``(1) an alien who--
``(A) has been battered or subjected to extreme cruelty in
the United States by a spouse or a parent, or by a member of
the spouse or parent's family residing in the same household
as the alien and the spouse or parent consented to, or
acquiesced in, such battery or cruelty, but only if (in the
opinion of the Attorney General, which opinion is not subject
to review by any court) there is a substantial connection
between such battery or cruelty and the need for the benefits
to be provided; and
``(B) has been approved or has a petition pending which
sets forth a prima facie case for--
``(i) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and Nationality Act,
``(ii) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B) of the Act,
``(iii) suspension of deportation and adjustment of status
pursuant to section 244(a)(3) of such Act, or
``(iv) status as a spouse or child of a United States
citizen pursuant to clause (i) of section 204(a)(1)(A) of
such Act, or classification pursuant to clause (i) of section
204(a)(1)(B) of such Act; or
``(2) an alien--
``(A) whose child has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent of the
alien (without the active participation of the alien in the
battery or cruelty), or by a member of the spouse or parent's
family residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or
cruelty, and the alien did not actively participate in such
battery or cruelty, but only if (in the opinion of the
Attorney General, which opinion is not subject to review by
any court) there is a substantial connection between such
battery or cruelty and the need for the benefits to be
provided; and
``(B) who meets the requirement of clause (ii) of
subparagraph (A).
This subsection shall not apply to an alien during any period
in which the individual responsible for such battery or
cruelty resides in the same household or family eligibility
unit as the individual subjected to such battery or
cruelty.''.
SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF DRIVER'S
LICENSES TO ILLEGAL ALIENS.
(a) In General.--Pursuant to guidelines prescribed by the
Attorney General not later than 6 months after the date of
the enactment of this Act, all States may conduct pilot
programs within their State to determine the viability,
advisability, and cost-effectiveness of the State's denying
driver's licenses to aliens who are not lawfully present in
the United States. Under a pilot program a State may deny a
driver's license to aliens who are not lawfully present in
the United States. Such program shall be conducted in
cooperation with relevant State and local authorities.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Judiciary Committees of the House of
Representatives and of the Senate on the results of the pilot
programs conducted under subsection (a).
SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY PRESENT FOR
SOCIAL SECURITY BENEFITS.
(a) In General.--Section 202 of the Social Security Act (42
U.S.C. 402) is amended by adding at the end the following new
subsection:
``Limitation on Payments to Aliens
``(y) Notwithstanding any other provision of law, no
monthly benefit under this title shall be payable to any
alien in the United States for any month during which such
alien is not lawfully present in the United States as
determined by the Attorney General.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to benefits for which applications
are filed on or after the first day of the first month that
begins at least 60 days after the date of the enactment of
this Act.
SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITIZENSHIP FOR
FEDERAL PUBLIC BENEFITS.
Section 432(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is
amended--
(1) by inserting ``(1)'' after the dash, and
(2) by adding at the end the following:
``(2) Not later than 18 months after the date of the
enactment of this Act, the Attorney General, in consultation
with the Secretary of Health and Human Services, shall also
establish procedures for a person applying for a Federal
public benefit (as defined in section 401(c)) to provide
proof of citizenship in a fair and nondiscriminatory
manner.''.
SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL
TREATMENT OF ALIENS NOT LAWFULLY PRESENT ON
BASIS OF RESIDENCE FOR HIGHER EDUCATION
BENEFITS.
(a) In General.--Notwithstanding any other provision of
law, an alien who is not lawfully present in the United
States shall not be eligible on the basis of residence within
a State (or a political subdivision) for any postsecondary
education benefit unless a citizen or national of the United
States is eligible for such a benefit (in no less an amount,
duration, and scope) without regard to whether the citizen or
national is such a resident.
(b) Effective Date.--This section shall apply to benefits
provided on or after July 1, 1998.
SEC. 506. STUDY AND REPORT ON ALIEN STUDENT ELIGIBILITY FOR
POSTSECONDARY FEDERAL STUDENT FINANCIAL
ASSISTANCE.
(a) GAO Study and Report.--
(1) Study.--The Comptroller General shall conduct a study
to determine the extent to which aliens who are not lawfully
admitted for permanent residence are receiving postsecondary
Federal student financial assistance.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit a
report to the appropriate committees of the Congress on the
study conducted under paragraph (1).
(b) Report on Computer Matching Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education and the
Commissioner of Social Security shall jointly sub
[[Page 2657]]
mit to the appropriate committees of the Congress a report on
the computer matching program of the Department of Education
under section 484(p) of the Higher Education Act of 1965.
(2) Report elements.--The report under paragraph (1) shall
include the following:
(A) An assessment by the Secretary and the Commissioner of
the effectiveness of the computer matching program, and a
justification for such assessment.
(B) The ratio of successful matches under the program to
inaccurate matches.
(C) Such other information as the Secretary and the
Commissioner jointly consider appropriate.
(c) Appropriate Committees of the Congress.--For purposes
of this section the term ``appropriate committees of the
Congress'' means the Committee on Economic and Educational
Opportunities and the Committee on the Judiciary of the House
of Representatives and the Committee on Labor and Human
Resources and the Committee on the Judiciary of the Senate.
SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF
SOCIAL SECURITY AND HIGHER EDUCATIONAL
ASSISTANCE.
(a) Social Security Act State Income and Eligibility
Verification Systems.--Section 1137(d)(4)(B)(i)) of the
Social Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is
amended to read as follows:
``(i) the State shall transmit to the Immigration and
Naturalization Service either photostatic or other similar
copies of such documents, or information from such documents,
as specified by the Immigration and Naturalization Service,
for official verification,''.
(b) Eligibility for Assistance Under Higher Education Act
of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as
follows:
``(i) the institution shall transmit to the Immigration and
Naturalization Service either photostatic or other similar
copies of such documents, or information from such documents,
as specified by the Immigration and Naturalization Service,
for official verification,''.
SEC. 508. NO VERIFICATION REQUIREMENT FOR NONPROFIT
CHARITABLE ORGANIZATIONS.
Section 432 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is
amended by adding at the end the following new subsection:
``(d) No Verification Requirement for Nonprofit Charitable
Organizations.--Subject to subsection (a), a nonprofit
charitable organization, in providing any Federal public
benefit (as defined in section 401(c)) or any State or local
public benefit (as defined in section 411(c)), is not
required under this title to determine, verify, or otherwise
require proof of eligibility of any applicant for such
benefits.''.
SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC
BENEFITS TO ALIENS WHO ARE NOT QUALIFIED ALIENS
ON BEHALF OF ELIGIBLE INDIVIDUALS.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
Committees on the Judiciary of the House of Representatives
and of the Senate and to the Inspector General of the
Department of Justice a report on the extent to which means-
tested public benefits are being paid or provided to aliens
who are not qualified aliens (as defined in section 431(b) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) in order to provide such benefits
to individuals who are United States citizens or qualified
aliens (as so defined). Such report shall address the
locations in which such benefits are provided and the
incidence of fraud or misrepresentation in connection with
the provision of such benefits.
SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING BENEFITS
UNDER THE FOOD STAMP PROGRAM.
Effective as if included in the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996, subclause (I) of section 402(a)(2)(D)(ii) (8 U.S.C.
1612(a)(2)(D)(ii)) is amended to read as follows:
``(I) In general.--With respect to the specified Federal
program described in paragraph (3)(B), ineligibility under
paragraph (1) shall not apply until April 1, 1997, to an
alien who received benefits under such program on the date of
enactment of this Act, unless such alien is determined to be
ineligible to receive such benefits under the Food Stamp Act
of 1977. The State agency shall recertify the eligibility of
all such aliens during the period beginning April 1, 1997,
and ending August 22, 1997.''.
Subtitle B--Public Charge Exclusion
SEC. 531. GROUND FOR EXCLUSION.
(a) In General.--Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
``(4) Public charge.--
``(A) In general.--Any alien who, in the opinion of the
consular officer at the time of application for a visa, or in
the opinion of the Attorney General at the time of
application for admission or adjustment of status, is likely
at any time to become a public charge is excludable.
``(B) Factors to be taken into account.--(i) In determining
whether an alien is excludable under this paragraph, the
consular officer or the Attorney General shall at a minimum
consider the alien's--
``(I) age;
``(II) health;
``(III) family status;
``(IV) assets, resources, and financial status; and
``(V) education and skills.
``(ii) In addition to the factors under clause (i), the
consular officer or the Attorney General may also consider
any affidavit of support under section 213A for purposes of
exclusion under this paragraph.
``(C) Family-sponsored immigrants.--Any alien who seeks
admission or adjustment of status under a visa number issued
under section 201(b)(2) or 203(a) is excludable under this
paragraph unless--
``(i) the alien has obtained--
``(I) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A), or
``(II) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B); or
``(ii) the person petitioning for the alien's admission
(including any additional sponsor required under section
213A(f)) has executed an affidavit of support described in
section 213A with respect to such alien.
``(D) Certain employment-based immigrants.--Any alien who
seeks admission or adjustment of status under a visa number
issued under section 203(b) by virtue of a classification
petition filed by a relative of the alien (or by an entity in
which such relative has a significant ownership interest) is
excludable under this paragraph unless such relative has
executed an affidavit of support described in section 213A
with respect to such alien.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to applications submitted on or after such date,
not earlier than 30 days and not later than 60 days after the
date the Attorney General promulgates under section 551(c)(2)
of this division a standard form for an affidavit of support,
as the Attorney General shall specify, but subparagraphs (C)
and (D) of section 212(a)(4) of the Immigration and
Nationality Act, as so amended, shall not apply to
applications with respect to which an official interview with
an immigration officer was conducted before such effective
date.
Subtitle C--Affidavits of Support
SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Section 213A (8 U.S.C. 1183a), as inserted
by section 423(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is amended to read as
follows:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--
``(1) Terms of affidavit.--No affidavit of support may be
accepted by the Attorney General or by any consular officer
to establish that an alien is not excludable as a public
charge under section 212(a)(4) unless such affidavit is
executed by a sponsor of the alien as a contract--
``(A) in which the sponsor agrees to provide support to
maintain the sponsored alien at an annual income that is not
less than 125 percent of the Federal poverty line during the
period in which the affidavit is enforceable;
``(B) that is legally enforceable against the sponsor by
the sponsored alien, the Federal Government, any State (or
any political subdivision of such State), or by any other
entity that provides any means-tested public benefit (as
defined in subsection (e)), consistent with the provisions of
this section; and
``(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (b)(2).
``(2) Period of enforceability.--An affidavit of support
shall be enforceable with respect to benefits provided for an
alien before the date the alien is naturalized as a citizen
of the United States, or, if earlier, the termination date
provided under paragraph (3).
``(3) Termination of period of enforceability upon
completion of required period of employment, etc.--
``(A) In general.--An affidavit of support is not
enforceable after such time as the alien (i) has worked 40
qualifying quarters of coverage as defined under title II of
the Social Security Act or can be credited with such
qualifying quarters as provided under subparagraph (B), and
(ii) in the case of any such qualifying quarter creditable
for any period beginning after December 31, 1996, did not
receive any Federal means-tested public benefit (as provided
under section 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996) during any such
period.
``(B) Qualifying quarters.--For purposes of this section,
in determining the number of qualifying quarters of coverage
under title II of the Social Security Act an alien shall be
credited with--
``(i) all of the qualifying quarters of coverage as defined
under title II of the Social Security Act worked by a parent
of such alien while the alien was under age 18, and
``(ii) all of the qualifying quarters worked by a spouse of
such alien during their marriage and the alien remains
married to such spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable
under title II of the Social Security Act for any period
beginning after December 31, 1996, may be credited to an
alien under clause (i) or (ii) if the parent or spouse (as
the case may be) of such alien received any Federal means-
tested public benefit (as provided under section 403 of the
Personal
[[Page 2658]]
Responsibility and Work Opportunity Reconciliation Act of
1996) during the period for which such qualifying quarter of
coverage is so credited.
``(C) Provision of information to save system.--The
Attorney General shall ensure that appropriate information
regarding the application of this paragraph is provided to
the system for alien verification of eligibility (SAVE)
described in section 1137(d)(3) of the Social Security Act.
``(b) Reimbursement of Government Expenses.--
``(1) Request for reimbursement.--
``(A) Requirement.--Upon notification that a sponsored
alien has received any means-tested public benefit, the
appropriate nongovernmental entity which provided such
benefit or the appropriate entity of the Federal Government,
a State, or any political subdivision of a State shall
request reimbursement by the sponsor in an amount which is
equal to the unreimbursed costs of such benefit.
``(B) Regulations.--The Attorney General, in consultation
with the heads of other appropriate Federal agencies, shall
prescribe such regulations as may be necessary to carry out
subparagraph (A).
``(2) Actions to compel reimbursement.--
``(A) In case of nonresponse.--If within 45 days after a
request for reimbursement under paragraph (1)(A), the
appropriate entity has not received a response from the
sponsor indicating a willingness to commence payment an
action may be brought against the sponsor pursuant to the
affidavit of support.
``(B) In case of failure to pay.--If the sponsor fails to
abide by the repayment terms established by the appropriate
entity, the entity may bring an action against the sponsor
pursuant to the affidavit of support.
``(C) Limitation on actions.--No cause of action may be
brought under this paragraph later than 10 years after the
date on which the sponsored alien last received any means-
tested public benefit to which the affidavit of support
applies.
``(3) Use of collection agencies.--If the appropriate
entity under paragraph (1)(A) requests reimbursement from the
sponsor or brings an action against the sponsor pursuant to
the affidavit of support, the appropriate entity may appoint
or hire an individual or other person to act on behalf of
such entity acting under the authority of law for purposes of
collecting any amounts owed.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for
specific performance and payment of legal fees and other
costs of collection, and include corresponding remedies
available under State law. A Federal agency may seek to
collect amounts owed under this section in accordance with
the provisions of subchapter II of chapter 37 of title 31,
United States Code.
``(d) Notification of Change of Address.--
``(1) General requirement.--The sponsor shall notify the
Attorney General and the State in which the sponsored alien
is currently a resident within 30 days of any change of
address of the sponsor during the period in which an
affidavit of support is enforceable.
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall,
after notice and opportunity to be heard, be subject to a
civil penalty of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the
sponsored alien has received any means-tested public benefits
(other than benefits described in section 401(b), 403(c)(2),
or 411(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996) not less than $2,000 or more than
$5,000.
The Attorney General shall enforce this paragraph under
appropriate regulations.
``(e) Jurisdiction.--An action to enforce an affidavit of
support executed under subsection (a) may be brought against
the sponsor in any appropriate court--
``(1) by a sponsored alien, with respect to financial
support; or
``(2) by the appropriate entity of the Federal Government,
a State or any political subdivision of a State, or by any
other nongovernmental entity under subsection (b)(2), with
respect to reimbursement.
``(f) Sponsor Defined.--
``(1) In general.--For purposes of this section the term
`sponsor' in relation to a sponsored alien means an
individual who executes an affidavit of support with respect
to the sponsored alien and who--
``(A) is a citizen or national of the United States or an
alien who is lawfully admitted to the United States for
permanent residence;
``(B) is at least 18 years of age;
``(C) is domiciled in any of the several States of the
United States, the District of Columbia, or any territory or
possession of the United States;
``(D) is petitioning for the admission of the alien under
section 204; and
``(E) demonstrates (as provided in paragraph (6)) the means
to maintain an annual income equal to at least 125 percent of
the Federal poverty line.
``(2) Income requirement case.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(E) but accepts joint and several liability together with
an individual under paragraph (5).
``(3) Active duty armed services case.--Such term also
includes an individual who does not meet the requirement of
paragraph (1)(E) but is on active duty (other than active
duty for training) in the Armed Forces of the United States,
is petitioning for the admission of the alien under section
204 as the spouse or child of the individual, and
demonstrates (as provided in paragraph (6)) the means to
maintain an annual income equal to at least 100 percent of
the Federal poverty line.
``(4) Certain employment-based immigrants case.--Such term
also includes an individual--
``(A) who does not meet the requirement of paragraph
(1)(D), but is the relative of the sponsored alien who filed
a classification petition for the sponsored alien as an
employment-based immigrant under section 203(b) or who has a
significant ownership interest in the entity that filed such
a petition; and
``(B)(i) who demonstrates (as provided under paragraph (6))
the means to maintain an annual income equal to at least 125
percent of the Federal poverty line, or
``(ii) does not meet the requirement of paragraph (1)(E)
but accepts joint and several liability together with an
individual under paragraph (5).
``(5) Non-petitioning case.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(D) but who accepts joint and several liability with a
petitioning sponsor under paragraph (2) or relative of an
employment-based immigrant under paragraph (4) and who
demonstrates (as provided under paragraph (6)) the means to
maintain an annual income equal to at least 125 percent of
the Federal poverty line.
``(6) Demonstration of means to maintain income.--
``(A) In general.--
``(i) Method of demonstration.--For purposes of this
section, a demonstration of the means to maintain income
shall include provision of a certified copy of the
individual's Federal income tax return for the individual's 3
most recent taxable years and a written statement, executed
under oath or as permitted under penalty of perjury under
section 1746 of title 28, United States Code, that the copies
are certified copies of such returns.
``(ii) Flexibility.--For purposes of this section, aliens
may demonstrate the means to maintain income through
demonstration of significant assets of the sponsored alien or
of the sponsor, if such assets are available for the support
of the sponsored alien.
``(iii) Percent of poverty.--For purposes of this section,
a reference to an annual income equal to at least a
particular percentage of the Federal poverty line means an
annual income equal to at least such percentage of the
Federal poverty line for a family unit of a size equal to the
number of members of the sponsor's household (including
family and non-family dependents) plus the total number of
other dependents and aliens sponsored by that sponsor.
``(B) Limitation.--The Secretary of State, or the Attorney
General in the case of adjustment of status, may provide that
the demonstration under subparagraph (A) applies only to the
most recent taxable year.
``(h) Federal Poverty Line Defined.--For purposes of this
section, the term `Federal poverty line' means the level of
income equal to the official poverty line (as defined by the
Director of the Office of Management and Budget, as revised
annually by the Secretary of Health and Human Services, in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902)) that is
applicable to a family of the size involved.
``(i) Sponsor's Social Security Account Number Required To
Be Provided.--(1) An affidavit of support shall include the
social security account number of each sponsor.
``(2) The Attorney General shall develop an automated
system to maintain the social security account number data
provided under paragraph (1).
``(3) The Attorney General shall submit an annual report to
the Committees on the Judiciary of the House of
Representatives and the Senate setting forth--
``(A) for the most recent fiscal year for which data are
available the number of sponsors under this section and the
number of sponsors in compliance with the financial
obligations of this section; and
``(B) a comparison of such numbers with the numbers of such
sponsors for the preceding fiscal year.''.
(b) Conforming Amendments.--
(1) Section 421(a)(1) and section 422(a)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1631(a)(1), 1632(a)(1)) are each amended by
inserting ``and as amended by section 551(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996''
after ``section 423''.
(2) Section 423 of such Act (8 U.S.C. 1138a note) is
amended by striking subsection (c).
(c) Effective Date; Promulgation of Form.--
(1) In general.--The amendments made by this section shall
apply to affidavits of support executed on or after a date
specified by the Attorney General, which date shall be not
earlier than 60 days (and not later than 90 days) after the
date the Attorney General formulates the form for such
affidavits under paragraph (2).
(2) Promulgation of form.--Not later than 90 days after the
date of the enactment of this Act, the Attorney General, in
consulta
[[Page 2659]]
tion with the heads of other appropriate agencies, shall
promulgate a standard form for an affidavit of support
consistent with the provisions of section 213A of the
Immigration and Nationality Act, as amended by subsection
(a).
SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD EXCEPTIONS
TO FEDERAL ATTRIBUTION OF INCOME RULE.
Section 421 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is
amended by adding at the end the following new subsection:
``(e) Indigence Exception.--
``(1) In general.--For an alien for whom an affidavit of
support under section 213A of the Immigration and Nationality
Act has been executed, if a determination described in
paragraph (2) is made, the amount of income and resources of
the sponsor or the sponsor's spouse which shall be attributed
to the sponsored alien shall not exceed the amount actually
provided for a period beginning on the date of such
determination and ending 12 months after such date.
``(2) Determination described.--A determination described
in this paragraph is a determination by an agency that a
sponsored alien would, in the absence of the assistance
provided by the agency, be unable to obtain food and shelter,
taking into account the alien's own income, plus any cash,
food, housing, or other assistance provided by other
individuals, including the sponsor. The agency shall notify
the Attorney General of each such determination, including
the names of the sponsor and the sponsored alien involved.
``(f) Special Rule for Battered Spouse and Child.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits--
``(A) during a 12 month period if the alien demonstrates
that (i) the alien has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a
member of the spouse or parent's family residing in the same
household as the alien and the spouse or parent consented to
or acquiesced to such battery or cruelty, or (ii) the alien's
child has been battered or subjected to extreme cruelty in
the United States by the spouse or parent of the alien
(without the active participation of the alien in the battery
or cruelty), or by a member of the spouse's or parent's
family residing in the same household as the alien when the
spouse or parent consented or acquiesced to and the alien did
not actively participate in such battery or cruelty, and the
battery or cruelty described in clause (i) or (ii) (in the
opinion of the agency providing such public benefits, which
opinion is not subject to review by any court) has a
substantial connection to the need for the public benefits
applied for; and
``(B) after a 12 month period (regarding the batterer's
income and resources only) if the alien demonstrates that
such battery or cruelty under subparagraph (A) has been
recognized in an order of a judge or administrative law judge
or a prior determination of the Immigration and
Naturalization Service, and that such battery or cruelty (in
the opinion of the agency providing such public benefits,
which opinion is not subject to review by any court) has a
substantial connection to the need for the benefits.
``(2) Limitation.--The exception under paragraph (1) shall
not apply to benefits for an alien during any period in which
the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as
the individual who was subjected to such battery or
cruelty.''.
SEC. 553. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF
STATES TO LIMIT ASSISTANCE TO ALIENS AND TO
DISTINGUISH AMONG CLASSES OF ALIENS IN
PROVIDING GENERAL CASH PUBLIC ASSISTANCE.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, a State or
political subdivision of a State is authorized to prohibit or
otherwise limit or restrict the eligibility of aliens or
classes of aliens for programs of general cash public
assistance furnished under the law of the State or a
political subdivision of a State.
(b) Limitation.--The authority provided for under
subsection (a) may be exercised only to the extent that any
prohibitions, limitations, or restrictions imposed by a State
or political subdivision of a State are not more restrictive
than the prohibitions, limitations, or restrictions imposed
under comparable Federal programs. For purposes of this
section, attribution to an alien of a sponsor's income and
resources (as described in section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1631)) for purposes of determining eligibility
for, and the amount of, benefits shall be considered less
restrictive than a prohibition of eligibility for such
benefits.
Subtitle D--Miscellaneous Provisions
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR
COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR
AGENCY TO FACILITATE BENEFIT FRAUD BY AN
UNLAWFUL ALIEN.
Section 506 of title 18, United States Code, is amended to
read as follows:
``Sec. 506. Seals of departments or agencies
``(a) Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters the seal of any department or agency of the United
States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or
altered seal or facsimile thereof to or upon any certificate,
instrument, commission, document, or paper of any
description; or
``(3) with fraudulent intent, possesses, sells, offers for
sale, furnishes, offers to furnish, gives away, offers to
give away, transports, offers to transport, imports, or
offers to import any such seal or facsimile thereof, knowing
the same to have been so falsely made, forged, counterfeited,
mutilated, or altered,
shall be fined under this title, or imprisoned not more than
5 years, or both.
``(b) Notwithstanding subsection (a) or any other provision
of law, if a forged, counterfeited, mutilated, or altered
seal of a department or agency of the United States, or any
facsimile thereof, is--
``(1) so forged, counterfeited, mutilated, or altered;
``(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or paper of
any description; or
``(3) with fraudulent intent, possessed, sold, offered for
sale, furnished, offered to furnish, given away, offered to
give away, transported, offered to transport, imported, or
offered to import,
with the intent or effect of facilitating an alien's
application for, or receipt of, a Federal benefit to which
the alien is not entitled, the penalties which may be imposed
for each offense under subsection (a) shall be two times the
maximum fine, and 3 times the maximum term of imprisonment,
or both, that would otherwise be imposed for an offense under
subsection (a).
``(c) For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract, loan,
professional license, or commercial license provided by any
agency of the United States or by appropriated funds of the
United States; and
``(B) any retirement, welfare, Social Security, health
(including treatment of an emergency medical condition in
accordance with section 1903(v) of the Social Security Act
(19 U.S.C. 1396b(v))), disability, veterans, public housing,
education, food stamps, or unemployment benefit, or any
similar benefit for which payments or assistance are provided
by an agency of the United States or by appropriated funds of
the United States; and
``(2) each instance of forgery, counterfeiting, mutilation,
or alteration shall constitute a separate offense under this
section.''.
SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL
SERVICES EXCEPTION.
(a) In General.--Subject to such amounts as are provided in
advance in appropriation Acts, each State or political
subdivision of a State that provides medical assistance for
care and treatment of an emergency medical condition (as
defined in subsection (d)) through a public hospital or other
public facility (including a nonprofit hospital that is
eligible for an additional payment adjustment under section
1886 of the Social Security Act) or through contract with
another hospital or facility to an individual who is an alien
not lawfully present in the United States is eligible for
payment from the Federal Government of its costs of providing
such services, but only to the extent that such costs are not
otherwise reimbursed through any other Federal program and
cannot be recovered from the alien or another person.
(b) Confirmation of Immigration Status Required.--No
payment shall be made under this section with respect to
services furnished to an individual unless the immigration
status of the individual has been verified through
appropriate procedures established by the Secretary of Health
and Human Services and the Attorney General.
(c) Administration.--This section shall be administered by
the Attorney General, in consultation with the Secretary of
Health and Human Services.
(d) Emergency Medical Condition Defined.--For purposes of
this section, the term ``emergency medical condition'' means
a medical condition (including emergency labor and delivery)
manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that the absence of immediate
medical attention could reasonably be expected to result in--
(1) placing the patient's health in serious jeopardy,
(2) serious impairment to bodily functions, or
(3) serious dysfunction of any bodily organ or part.
(e) Effective Date.--Subsection (a) shall apply to medical
assistance for care and treatment of an emergency medical
condition furnished on or after January 1, 1997.
SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES FOR
EMERGENCY AMBULANCE SERVICES.
Subject to the availability of appropriations, the Attorney
General shall fully reimburse States and political
subdivisions of States for costs incurred by such a State or
subdivision for emergency ambulance services provided to any
alien who--
(1) is injured while crossing a land or sea border of the
United States without inspection or at any time or place
other than as designated by the Attorney General; and
(2) is under the custody of the State or subdivision
pursuant to a transfer, request, or other action by a Federal
authority.
[[Page 2660]]
SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING.
(a) In General.--
(1) The Attorney General of the United States shall
establish a pilot program in 5 district offices of the
Immigration and Naturalization Service to require aliens to
post a bond in addition to the affidavit requirements under
section 213A of the Immigration and Nationality Act and the
deeming requirements under section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1631). Any pilot program established pursuant
to this subsection shall require an alien to post a bond in
an amount sufficient to cover the cost of benefits described
in section 213A(d)(2)(B) of the Immigration and Nationality
Act (as amended by section 551(a) of this division) for the
alien and the alien's dependents and shall remain in effect
until the departure, naturalization, or death of the alien.
(2) Suit on any such bonds may be brought under the terms
and conditions set forth in section 213A of the Immigration
and Nationality Act.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall issue
regulations for establishing the pilot programs, including--
(1) criteria and procedures for--
(A) certifying bonding companies for participation in the
program, and
(B) debarment of any such company that fails to pay a bond,
and
(2) criteria for setting the amount of the bond to assure
that the bond is in an amount that is not less than the cost
of providing benefits under the programs described in
subsection (a)(1) for the alien and the alien's dependents
for 6 months.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
(d) Annual Reporting Requirement.--Beginning 9 months after
the date of implementation of the pilot program, the Attorney
General shall submit annually to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the effectiveness of the program. The Attorney
General shall submit a final evaluation of the program not
later than 1 year after termination.
(e) Sunset.--The pilot program under this section shall
terminate after 3 years of operation.
(f) Bonds in Addition to Sponsorship and Deeming
Requirements.--Section 213 (8 U.S.C. 1183) is amended by
inserting ``(subject to the affidavit of support requirement
and attribution of sponsor's income and resources under
section 213A)'' after ``in the discretion of the Attorney
General''.
SEC. 565. REPORTS.
Not later than 180 days after the end of each fiscal year,
the Attorney General shall submit a report to the Inspector
General of the Department of Justice and the Committees on
the Judiciary of the House of Representatives and of the
Senate describing the following:
(1) Public charge deportations.--The number of aliens
deported on public charge grounds under section 241(a)(5) of
the Immigration and Nationality Act during the previous
fiscal year.
(2) Indigent sponsors.--The number of determinations made
under section 421(e) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (as added by section
552 of this division) during the previous fiscal year.
(3) Reimbursement actions.--The number of actions brought,
and the amount of each action, for reimbursement under
section 213A of the Immigration and Nationality Act
(including private collections) for the costs of providing
public benefits.
Subtitle E--Housing Assistance
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ``Use of Assisted Housing
by Aliens Act of 1996''.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If the eligibility for financial assistance of at
least one member of a family has been affirmatively
established under the program of financial assistance and
under this section, and the ineligibility of one or more
family members has not been affirmatively established under
this section, any financial assistance made available to that
family by the Secretary of Housing and Urban Development
shall be prorated, based on the number of individuals in the
family for whom eligibility has been affirmatively
established under the program of financial assistance and
under this section, as compared with the total number of
individuals who are members of the family.''.
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL
ASSISTANCE.
Section 214(c)(1) of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``may, in its discretion,'' and inserting ``shall'';
(2) in subparagraph (A), by adding at the end the
following: ``Financial assistance continued under this
subparagraph for a family may be provided only on a prorated
basis, under which the amount of financial assistance is
based on the percentage of the total number of members of the
family that are eligible for that assistance under the
program of financial assistance and under this section.'';
and
(3) in subparagraph (B)--
(A) by striking ``3 years'' and inserting ``18-months'';
(B) by inserting ``(i)'' after ``(B)'';
(C) by striking ``Any deferral'' and inserting the
following:
``(ii) Except as provided in clause (iii), any deferral'';
and
(D) by adding at the end the following new clauses:
``(iii) The time period described in clause (ii) shall not
apply in the case of a refugee under section 207 of the
Immigration and Nationality Act or an individual seeking
asylum under section 208 of that Act.''.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY
FOR FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(d)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or to be'' after ``being'';
(2) in paragraph (1)(A), by adding at the end the
following: ``If the declaration states that the individual is
not a citizen or national of the United States and that the
individual is younger than 62 years of age, the declaration
shall be verified by the Immigration and Naturalization
Service. If the declaration states that the individual is a
citizen or national of the United States, the Secretary of
Housing and Urban Development, or the agency administering
assistance covered by this section, may request verification
of the declaration by requiring presentation of documentation
that the Secretary considers appropriate, including a United
States passport, resident alien card, alien registration
card, social security card, or other documentation.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``on the date of the enactment of the Housing and Community
Development Act of 1987'' and inserting ``on the date of
enactment of the Use of Assisted Housing by Aliens Act of
1996 or applying for financial assistance on or after that
date''; and
(B) by adding at the end the following:
``In the case of an individual applying for financial
assistance on or after the date of enactment of the Use of
Assisted Housing by Aliens Act of 1996, the Secretary may not
provide any such assistance for the benefit of that
individual before documentation is presented and verified
under paragraph (3) or (4).'';
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``on the date of the enactment of the Housing and Community
Development Act of 1987'' and inserting ``on the date of
enactment of the Use of Assisted Housing by Aliens Act of
1996 or applying for financial assistance on or after that
date'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to exceed 30 days,'' after
``reasonable opportunity''; and
(II) by striking ``and'' at the end; and
(ii) by striking clause (ii) and inserting the following:
``(ii) in the case of any individual receiving assistance
on the date of enactment of the Use of Assisted Housing by
Aliens Act of 1996, may not delay, deny, reduce, or terminate
the eligibility of that individual for financial assistance
on the basis of the immigration status of that individual
until the expiration of that 30-day period; and
``(iii) in the case of any individual applying for
financial assistance on or after the date of enactment of the
Use of Assisted Housing by Aliens Act of 1996, may not deny
the application for such assistance on the basis of the
immigration status of that individual until the expiration of
that 30-day period; and''; and
(C) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) pending such verification or appeal, the Secretary
may not--
``(I) in the case of any individual receiving assistance on
the date of enactment of the Use of Assisted Housing by
Aliens Act of 1996, delay, deny, reduce, or terminate the
eligibility of that individual for financial assistance on
the basis of the immigration status of that individual; and
``(II) in the case of any individual applying for financial
assistance on or after the date of enactment of the Use of
Assisted Housing by Aliens Act of 1996, deny the application
for such assistance on the basis of the immigration status of
that individual; and'';
(5) in paragraph (5), by striking ``status--'' and all that
follows through the end of the paragraph and inserting the
following: ``status, the Secretary shall--
``(A) deny the application of that individual for financial
assistance or terminate the eligibility of that individual
for financial assistance, as applicable;
``(B) provide that the individual may request a fair
hearing during the 30-day period beginning upon receipt of
the notice under subparagraph (C); and
``(C) provide to the individual written notice of the
determination under this paragraph, the right to a fair
hearing process, and the time limitation for requesting a
hearing under subparagraph (C).''; and
(6) by striking paragraph (6) and inserting the following:
[[Page 2661]]
``(6) The Secretary shall terminate the eligibility for
financial assistance of an individual and the members of the
household of the individual, for a period of not less than 24
months, upon determining that such individual has knowingly
permitted another individual who is not eligible for such
assistance to reside in the public or assisted housing unit
of the individual. This provision shall not apply to a family
if the ineligibility of the ineligible individual at issue
was considered in calculating any proration of assistance
provided for the family.''.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING
FINANCIAL ASSISTANCE ELIGIBILITY
DETERMINATIONS.
Section 214(e) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(e)) is amended--
(1) in paragraph (2), by adding ``or'' at the end;
(2) in paragraph (3), by adding at the end the following:
``the response from the Immigration and Naturalization
Service to the appeal of that individual.''; and
(3) by striking paragraph (4).
SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.
Section 214 of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a) is amended by adding at the end the
following new subsection:
``(h) Verification of Eligibility.--
``(1) In general.--Except in the case of an election under
paragraph (2)(A), no individual or family applying for
financial assistance may receive such financial assistance
prior to the affirmative establishment and verification of
eligibility of at least the individual or one family member
under this section by the Secretary or other appropriate
entity.
``(2) Rules applicable to public housing agencies.--A
public housing agency (as that term is defined in section 3
of the United States Housing Act of 1937)--
``(A) may elect not to comply with this section; and
``(B) in complying with this section--
``(i) may initiate procedures to affirmatively establish or
verify the eligibility of an individual or family under this
section at any time at which the public housing agency
determines that such eligibility is in question, regardless
of whether or not that individual or family is at or near the
top of the waiting list of the public housing agency;
``(ii) may affirmatively establish or verify the
eligibility of an individual or family under this section in
accordance with the procedures set forth in section
274A(b)(1) of the Immigration and Nationality Act; and
``(iii) shall have access to any relevant information
contained in the SAVE system (or any successor thereto) that
relates to any individual or family applying for financial
assistance.
``(3) Eligibility of families.--For purposes of this
subsection, with respect to a family, the term `eligibility'
means the eligibility of each family member.''.
SEC. 577. REGULATIONS.
(a) Issuance.--Not later than the 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall issue any regulations necessary to
implement the amendments made by this part. Such regulations
shall be issued in the form of an interim final rule, which
shall take effect upon issuance and shall not be subject to
the provisions of section 533 of title 5, United States Code,
regarding notice or opportunity for comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the date
specified in that subsection, the regulations relating to
restrictions on assistance to noncitizens, contained in the
final rule issued by the Secretary of Housing and Urban
Development in RIN-2501-AA63 (Docket No. R-95-1409; FR-2383-
F-050), published in the Federal Register on March 20, 1995
(Vol. 60, No. 53; pp. 14824-14861), shall not apply after
that date.
Subtitle F--General Provisions
SEC. 591. EFFECTIVE DATES.
Except as provided in this title, this title and the
amendments made by this title shall take effect on the date
of the enactment of this Act.
SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This title does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to an
alien under any program of foreign assistance as determined
by the Secretary of State in consultation with the Attorney
General.
SEC. 593. NOTIFICATION.
(a) In general.--Each agency of the Federal Government or a
State or political subdivision that administers a program
affected by the provisions of this title, shall, directly or
through the States, provide general notification to the
public and to program recipients of the changes regarding
eligibility for any such program pursuant to this title.
(b) Failure to give notice.--Nothing in this section shall
be construed to require or authorize continuation of
eligibility if the notice under this section is not provided.
SEC. 594. DEFINITIONS.
Except as otherwise provided in this title, for purposes of
this title--
(1) the terms ``alien'', ``Attorney General'',
``national'', ``naturalization'', ``State'', and ``United
States'' shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act; and
(2) the term ``child'' shall have the meaning given such
term in section 101(c) of the Immigration and Nationality
Act.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.
(a) Definition of Refugee.--
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by
adding at the end the following: ``For purposes of
determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization,
or who has been persecuted for failure or refusal to undergo
such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been
persecuted on account of political opinion, and a person who
has a well founded fear that he or she will be forced to
undergo such a procedure or subject to persecution for such
failure, refusal, or resistance shall be deemed to have a
well founded fear of persecution on account of political
opinion.''.
(2) Not later than 90 days after the end of each fiscal
year, the Attorney General shall submit a report to the
Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate describing
the number and countries of origin of aliens granted refugee
status or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such report shall also
contain projections regarding the number and countries of
origin of aliens that are likely to be granted refugee status
or asylum for the subsequent 2 fiscal years.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C.
1157(a)) is amended by adding at the end the following new
paragraph:
``(5) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under
the third sentence of section 101(a)(42) (relating to
persecution for resistance to coercive population control
methods).''.
SEC. 602. LIMITATION ON USE OF PAROLE
(a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C.
1182(d)(5)) is amended by striking ``for emergent reasons or
for reasons deemed strictly in the public interest'' and
inserting ``only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit''.
(b) Report to Congress.--Not later than 90 days after the
end of each fiscal year, the Attorney General shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the
Immigration and Nationality Act. Each such report shall
provide the total number of aliens paroled into and residing
in the United States and shall contain information and data
for each country of origin concerning the number and
categories of aliens paroled, the duration of parole, the
current status of aliens paroled, and the number and
categories of aliens returned to the custody from which they
were paroled during the preceding fiscal year.
SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING
WORLDWIDE NUMERICAL LIMITATIONS.
Section 201(c) (8 U.S.C. 1151(c)) is amended--
(1) by amending paragraph (1)(A)(ii) to read as follows:
``(ii) the sum of the number computed under paragraph (2)
and the number computed under paragraph (4), plus''; and
(2) by adding at the end the following new paragraphs:
``(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal year 1999) is the number of
aliens who were paroled into the United States under section
212(d)(5) in the second preceding fiscal year--
``(A) who did not depart from the United States (without
advance parole) within 365 days; and
``(B) who (i) did not acquire the status of aliens lawfully
admitted to the United States for permanent residence in the
two preceding fiscal years, or (ii) acquired such status in
such years under a provision of law (other than section
201(b)) which exempts such adjustment from the numerical
limitation on the worldwide level of immigration under this
section.
``(5) If any alien described in paragraph (4) (other than
an alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent
residence, such alien shall not again be considered for
purposes of paragraph (1).''.
SEC. 604. ASYLUM REFORM.
(a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended
to read as follows:
``asylum
``Sec. 208. (a) Authority To Apply for Asylum.--
``(1) In general.--Any alien who is physically present in
the United States or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having
been interdicted in international or United States waters),
irrespective of such alien's status, may apply for asylum in
accordance with this section or, where applicable, section
235(b).
``(2) Exceptions.--
``(A) Safe third country.--Paragraph (1) shall not apply to
an alien if the Attorney General determines that the alien
may be removed, pursuant to a bilateral or multilateral
agreement, to a country (other than the
[[Page 2662]]
country of the alien's nationality or, in the case of an
alien having no nationality, the country of the alien's last
habitual residence) in which the alien's life or freedom
would not be threatened on account of race, religion,
nationality, membership in a particular social group, or
political opinion, and where the alien would have access to a
full and fair procedure for determining a claim to asylum or
equivalent temporary protection, unless the Attorney General
finds that it is in the public interest for the alien to
receive asylum in the United States.
``(B) Time limit.--Subject to subparagraph (D), paragraph
(1) shall not apply to an alien unless the alien demonstrates
by clear and convincing evidence that the application has
been filed within 1 year after the date of the alien's
arrival in the United States.
``(C) Previous asylum applications.--Subject to
subparagraph (D), paragraph (1) shall not apply to an alien
if the alien has previously applied for asylum and had such
application denied.
``(D) Changed circumstances.--An application for asylum of
an alien may be considered, notwithstanding subparagraphs (B)
and (C), if the alien demonstrates to the satisfaction of the
Attorney General either the existence of changed
circumstances which materially affect the applicant's
eligibility for asylum or extraordinary circumstances
relating to the delay in filing an application within the
period specified in subparagraph (B).
``(3) Limitation on judicial review.--No court shall have
jurisdiction to review any determination of the Attorney
General under paragraph (2).
``(b) Conditions for Granting Asylum.--
``(1) In general.--The Attorney General may grant asylum to
an alien who has applied for asylum in accordance with the
requirements and procedures established by the Attorney
General under this section if the Attorney General determines
that such alien is a refugee within the meaning of section
101(a)(42)(A).
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to an
alien if the Attorney General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(iii) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(iv) there are reasonable grounds for regarding the alien
as a danger to the security of the United States;
``(v) the alien is inadmissible under subclause (I), (II),
(III), or (IV) of section 212(a)(3)(B)(i) or removable under
section 237(a)(4)(B) (relating to terrorist activity),
unless, in the case only of an alien inadmissible under
subclause (IV) of section 212(a)(3)(B)(i), the Attorney
General determines, in the Attorney General's discretion,
that there are not reasonable grounds for regarding the alien
as a danger to the security of the United States; or
``(vi) the alien was firmly resettled in another country
prior to arriving in the United States.
``(B) Special rules.--
``(i) Conviction of aggravated felony.--For purposes of
clause (ii) of subparagraph (A), an alien who has been
convicted of an aggravated felony shall be considered to have
been convicted of a particularly serious crime.
``(ii) Offenses.--The Attorney General may designate by
regulation offenses that will be considered to be a crime
described in clause (ii) or (iii) of subparagraph (A).
``(C) Additional limitations.--The Attorney General may by
regulation establish additional limitations and conditions,
consistent with this section, under which an alien shall be
ineligible for asylum under paragraph (1).
``(D) No judicial review.--There shall be no judicial
review of a determination of the Attorney General under
subparagraph (A)(v).
``(3) Treatment of spouse and children.--A spouse or child
(as defined in section 101(b)(1)(A), (B), (C), (D), or (E))
of an alien who is granted asylum under this subsection may,
if not otherwise eligible for asylum under this section, be
granted the same status as the alien if accompanying, or
following to join, such alien.
``(c) Asylum Status.--
``(1) In general.--In the case of an alien granted asylum
under subsection (b), the Attorney General--
``(A) shall not remove or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual
residence;
``(B) shall authorize the alien to engage in employment in
the United States and provide the alien with appropriate
endorsement of that authorization; and
``(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.
``(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain permanently
in the United States, and may be terminated if the Attorney
General determines that--
``(A) the alien no longer meets the conditions described in
subsection (b)(1) owing to a fundamental change in
circumstances;
``(B) the alien meets a condition described in subsection
(b)(2);
``(C) the alien may be removed, pursuant to a bilateral or
multilateral agreement, to a country (other than the country
of the alien's nationality or, in the case of an alien having
no nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political
opinion, and where the alien is eligible to receive asylum or
equivalent temporary protection;
``(D) the alien has voluntarily availed himself or herself
of the protection of the alien's country of nationality or,
in the case of an alien having no nationality, the alien's
country of last habitual residence, by returning to such
country with permanent resident status or the reasonable
possibility of obtaining such status with the same rights and
obligations pertaining to other permanent residents of that
country; or
``(E) the alien has acquired a new nationality and enjoys
the protection of the country of his or her new nationality.
``(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under section
212(a) and 237(a), and the alien's removal or return shall be
directed by the Attorney General in accordance with sections
240 and 241.
``(d) Asylum Procedure.--
``(1) Applications.--The Attorney General shall establish a
procedure for the consideration of asylum applications filed
under subsection (a). The Attorney General may require
applicants to submit fingerprints and a photograph at such
time and in such manner to be determined by regulation by the
Attorney General.
``(2) Employment.--An applicant for asylum is not entitled
to employment authorization, but such authorization may be
provided under regulation by the Attorney General. An
applicant who is not otherwise eligible for employment
authorization shall not be granted such authorization prior
to 180 days after the date of filing of the application for
asylum.
``(3) Fees.--The Attorney General may impose fees for the
consideration of an application for asylum, for employment
authorization under this section, and for adjustment of
status under section 209(b). Such fees shall not exceed the
Attorney General's costs in adjudicating the applications.
The Attorney General may provide for the assessment and
payment of such fees over a period of time or by
installments. Nothing in this paragraph shall be construed to
require the Attorney General to charge fees for adjudication
services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication and
naturalization fees in accordance with section 286(m).
``(4) Notice of privilege of counsel and consequences of
frivolous application.--At the time of filing an application
for asylum, the Attorney General shall--
``(A) advise the alien of the privilege of being
represented by counsel and of the consequences, under
paragraph (6), of knowingly filing a frivolous application
for asylum; and
``(B) provide the alien a list of persons (updated not less
often than quarterly) who have indicated their availability
to represent aliens in asylum proceedings on a pro bono
basis.
``(5) Consideration of asylum applications.--
``(A) Procedures.--The procedure established under
paragraph (1) shall provide that--
``(i) asylum cannot be granted until the identity of the
applicant has been checked against all appropriate records or
databases maintained by the Attorney General and by the
Secretary of State, including the Automated Visa Lookout
System, to determine any grounds on which the alien may be
inadmissible to or deportable from the United States, or
ineligible to apply for or be granted asylum;
``(ii) in the absence of exceptional circumstances, the
initial interview or hearing on the asylum application shall
commence not later than 45 days after the date an application
is filed;
``(iii) in the absence of exceptional circumstances, final
administrative adjudication of the asylum application, not
including administrative appeal, shall be completed within
180 days after the date an application is filed;
``(iv) any administrative appeal shall be filed within 30
days of a decision granting or denying asylum, or within 30
days of the completion of removal proceedings before an
immigration judge under section 240, whichever is later; and
``(v) in the case of an applicant for asylum who fails
without prior authorization or in the absence of exceptional
circumstances to appear for an interview or hearing,
including a hearing under section 240, the application may be
dismissed or the applicant may be otherwise sanctioned for
such failure.
``(B) Additional regulatory conditions.--The Attorney
General may provide by regulation for any other conditions or
limitations on the consideration of an application for asylum
not inconsistent with this Act.
``(6) Frivolous applications.--If the Attorney General
determines that an alien has knowingly made a frivolous
application for asylum and the alien has received the notice
under paragraph (4)(A), the alien shall be
[[Page 2663]]
permanently ineligible for any benefits under this Act,
effective as of the date of a final determination on such
application.
``(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by
any party against the United States or its agencies or
officers or any other person.''.
(b) Conforming and Clerical Amendments.--
(1) The item in the table of contents relating to section
208 is amended to read as follows:
``Sec. 208. Asylum.''.
(2) Section 104(d)(1)(A) of the Immigration Act of 1990
(Public Law 101-649) is amended by striking ``208(b)'' and
inserting ``208''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the
first day of the first month beginning more than 180 days
after the date of the enactment of this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of asylum
officers to at least 600 asylum officers by fiscal year 1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.
(a) In General.--Public Law 89-732 is repealed effective
only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114) that a
democratically elected government in Cuba is in power.
(b) Limitation.--Subsection (a) shall not apply to aliens
for whom an application for adjustment of status is pending
on such effective date.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
SEC. 621. ALIEN WITNESS COOPERATION.
Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by
section 130003(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025))
(relating to numerical limitations on the number of aliens
who may be provided a visa as nonimmigrants under section
101(a)(15)(S) of the Immigration and Nationality Act) is
amended--
(1) by striking ``100.'' and inserting ``200.''; and
(2) by striking ``25.'' and inserting ``50.''.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT
WITH RESPECT TO INTERNATIONAL MEDICAL
GRADUATES.
(a) Extension of Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(8 U.S.C. 1182 note) is amended by striking ``1996.'' and
inserting ``2002.''.
(b) Conditions on Federally Requested Waivers.--Section
212(e) (8 U.S.C. 1182(e)) is amended by inserting after
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent'' the
following: ``, or in the case of a waiver requested by an
interested United States Government agency on behalf of an
alien described in clause (iii),''.
(c) Restrictions on Federally Requested Waivers.--Section
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 108 Stat. 4319)) is amended to read as
follows:
``(k)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of
the 2-year foreign residence requirement under section 212(e)
on behalf of an alien described in clause (iii) of such
section, the Attorney General shall not grant such waiver
unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the
United States Information Agency with a statement in writing
that it has no objection to such waiver;
``(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed 20;
``(C) in the case of a request by an interested Federal
agency or by an interested State agency--
``(i) the alien demonstrates a bona fide offer of full-time
employment at a health facility or health care organization,
which employment has been determined by the Attorney General
to be in the public interest; and
``(ii) the alien agrees to begin employment with the health
facility or health care organization within 90 days of
receiving such waiver, and agrees to continue to work for a
total of not less than 3 years (unless the Attorney General
determines that extenuating circumstances exist, such as
closure of the facility or hardship to the alien, which would
justify a lesser period of employment at such health facility
or health care organization, in which case the alien must
demonstrate another bona fide offer of employment at a health
facility or health care organization for the remainder of
such 3-year period); and
``(D) in the case of a request by an interested Federal
agency (other than a request by an interested Federal agency
to employ the alien full-time in medical research or
training) or by an interested State agency, the alien agrees
to practice medicine in accordance with paragraph (2) for a
total of not less than 3 years only in the geographic area or
areas which are designated by the Secretary of Health and
Human Services as having a shortage of health care
professionals.
``(2)(A) Notwithstanding section 248(2), the Attorney
General may change the status of an alien who qualifies under
this subsection and section 212(e) to that of an alien
described in section 101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of
the contract with the health facility or health care
organization named in the waiver application shall be
eligible to apply for an immigrant visa, for permanent
residence, or for any other change of nonimmigrant status,
until it is established that such person has resided and been
physically present in the country of his nationality or his
last residence for an aggregate of at least 2 years following
departure from the United States.
``(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement under
section 212(e) shall apply with respect to an alien described
in clause (iii) of such section, who has not otherwise been
accorded status under section 101(a)(27)(H), if--
``(A) at any time the alien ceases to comply with any
agreement entered into under subparagraph (C) or (D) of
paragraph (1); or
``(B) the alien's employment ceases to benefit the public
interest at any time during the 3-year period described in
paragraph (1)(C).''.
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER
INFORMATION.
(a) Confidentiality of Information.--Section 245A(c)(5) (8
U.S.C. 1255a(c)(5)) is amended to read as follows:
``(5) Confidentiality of information.--
``(A) In general.--Except as provided in this paragraph,
neither the Attorney General, nor any other official or
employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, for enforcement of paragraph (6), or for the
preparation of reports to Congress under section 404 of the
Immigration Reform and Control Act of 1986;
``(ii) make any publication whereby the information
furnished by any particular applicant can be identified; or
``(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
``(B) Required disclosures.--The Attorney General shall
provide the information furnished under this section, and any
other information derived from such furnished information, to
a duly recognized law enforcement entity in connection with a
criminal investigation or prosecution, when such information
is requested in writing by such entity, or to an official
coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is deceased as a
result of a crime).
``(C) Authorized disclosures.--The Attorney General may
provide, in the Attorney General's discretion, for the
furnishing of information furnished under this section in the
same manner and circumstances as census information may be
disclosed by the Secretary of Commerce under section 8 of
title 13, United States Code.
``(D) Construction.--
``(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Service
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
``(ii) Criminal convictions.--Information concerning
whether the applicant has at any time been convicted of a
crime may be used or released for immigration enforcement or
law enforcement purposes.
``(E) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.''.
(b) Special Agricultural Workers.--Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended to read as follows:
``(6) Confidentiality of information.--
``(A) In general.--Except as provided in this paragraph,
neither the Attorney General, nor any other official or
employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, including a determination under subsection
(a)(3)(B), or for enforcement of paragraph (7);
``(ii) make any publication whereby the information
furnished by any particular individual can be identified; or
``(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
``(B) Required disclosures.--The Attorney General shall
provide information furnished under this section, and any
other information derived from such furnished information, to
a duly recognized law enforce
[[Page 2664]]
ment entity in connection with a criminal investigation or
prosecution, when such information is requested in writing by
such entity, or to an official coroner for purposes of
affirmatively identifying a deceased individual (whether or
not such individual is deceased as a result of a crime).
``(C) Construction.--
``(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Service
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
``(ii) Criminal convictions.--Information concerning
whether the applicant has at any time been convicted of a
crime may be used or released for immigration enforcement or
law enforcement purposes.
``(D) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.''.
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND
CLASSIFICATION PETITIONS FOR PROFESSIONAL
ATHLETES.
(a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following:
``(iii) Professional athletes.--
``(I) In general.--A certification made under clause (i)
with respect to a professional athlete shall remain valid
with respect to the athlete after the athlete changes
employer, if the new employer is a team in the same sport as
the team which employed the athlete when the athlete first
applied for the certification.
``(II) Definition.--For purposes of subclause (I), the term
`professional athlete' means an individual who is employed as
an athlete by--
``(aa) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
``(bb) any minor league team that is affiliated with such
an association.''.
(b) Classification Petitions.--Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following:
``(i) Professional Athletes.--
``(1) In general.--A petition under subsection (a)(4)(D)
for classification of a professional athlete shall remain
valid for the athlete after the athlete changes employers, if
the new employer is a team in the same sport as the team
which was the employer who filed the petition.
``(2) Definition.--For purposes of paragraph (1), the term
`professional athlete' means an individual who is employed as
an athlete by--
``(A) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
``(B) any minor league team that is affiliated with such an
association.''.
SEC. 625. FOREIGN STUDENTS.
(a) Limitations.--
(1) In general.--Section 214 (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
``(l)(1) An alien may not be accorded status as a
nonimmigrant under section 101(a)(15)(F)(i) in order to
pursue a course of study--
``(A) at a public elementary school or in a publicly funded
adult education program; or
``(B) at a public secondary school unless--
``(i) the aggregate period of such status at such a school
does not exceed 12 months with respect to any alien, and (ii)
the alien demonstrates that the alien has reimbursed the
local educational agency that administers the school for the
full, unsubsidized per capita cost of providing education at
such school for the period of the alien's attendance.
``(2) An alien who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) in order to pursue a course of
study at a private elementary or secondary school or in a
language training program that is not publicly funded shall
be considered to have violated such status, and the alien's
visa under section 101(a)(15)(F) shall be void, if the alien
terminates or abandons such course of study at such a school
and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a
publicly funded adult education language training program, or
at a public secondary school (unless the requirements of
paragraph (1)(B) are met).''.
(2) Conforming amendment.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended by inserting ``consistent with
section 214(l)'' after ``such a course of study''.
(b) Reference to New Ground of Exclusion for Student Visa
Abusers.--For addition of ground of inadmissibility for
certain nonimmigrant student abusers, see section 347 of this
division.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immigration
and Nationality Act after the end of the 60-day period
beginning on the date of the enactment of this Act, including
aliens whose status as such a nonimmigrant is extended after
the end of such period.
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND
AGENTS KILLED IN THE LINE OF DUTY.
(a) In General.--Title II, as amended by section 205(a) of
this division, is amended by adding at the end the following
new section:
``transportation of remains of immigration officers and border patrol
agents killed in the line of duty
``Sec. 295. (a) In General.--To the extent provided in
appropriation Acts, when an immigration officer or border
patrol agent is killed in the line of duty, the Attorney
General may pay from appropriations available for the
activity in which the officer or agent was engaged--
``(1) the actual and necessary expenses of transportation
of the remains of the officer or agent to a place of burial
located in any State, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or the Republic
of Palau;
``(2) travel expenses, including per diem in lieu of
subsistence, of the decedent's spouse and minor children to
and from such site at rates not greater than those
established for official government travel under subchapter I
of chapter 57 of title 5, United States Code; and
``(3) any other memorial service authorized by the Attorney
General.
``(b) Prepayment.--The Attorney General may prepay any
expense authorized to be paid under this section.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 205(b) of this division, is amended by inserting
after the item relating to section 294 the following new
item:
``Sec. 295. Transportation of remains of immigration officers and
border patrol agents killed in the line of duty.''.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
SEC. 631. VALIDITY OF PERIOD OF VISAS.
(a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking
``four months'' and inserting ``six months''.
(b) Authorizing Application of Reciprocity Rule for
Nonimmigrant Visa in Case of Refugees and Permanent
Residents.--Such section is further amended by inserting
before the period at the end of the third sentence the
following: ``; except that in the case of aliens who are
nationals of a foreign country and who either are granted
refugee status and firmly resettled in another foreign
country or are granted permanent residence and residing in
another foreign country, the Secretary of State may prescribe
the period of validity of such a visa based upon the
treatment granted by that other foreign country to alien
refugees and permanent residents, respectively, in the United
States''.
SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA
OVERSTAYS.
(a) In General.--Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
``(g)(1) In the case of an alien who has been admitted on
the basis of a nonimmigrant visa and remained in the United
States beyond the period of stay authorized by the Attorney
General, such visa shall be void beginning after the
conclusion of such period of stay.
``(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States as a
nonimmigrant, except--
``(A) on the basis of a visa (other than the visa described
in paragraph (1)) issued in a consular office located in the
country of the alien's nationality (or, if there is no office
in such country, in such other consular office as the
Secretary of State shall specify); or
``(B) where extraordinary circumstances are found by the
Secretary of State to exist.''.
(b) Applicability.--
(1) Visas.--Section 222(g)(1) of the Immigration and
Nationality Act, as added by subsection (a), shall apply to a
visa issued before, on, or after the date of the enactment of
this Act.
(2) Aliens seeking readmission.--Section 222(g)(2) of the
Immigration and Nationality Act, as added by subsection (a),
shall apply to any alien applying for readmission to the
United States after the date of the enactment of this Act,
except an alien applying for readmission on the basis of a
visa that--
(A) was issued before such date; and
(B) is not void through the application of section
222(g)(1) of the Immigration and Nationality Act, as added by
subsection (a).
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
(1) by inserting ``(A)'' after ``Nondiscrimination.--'';
and
(2) by adding at the end the following:
``(B) Nothing in this paragraph shall be construed to limit
the authority of the Secretary of State to determine the
procedures for the processing of immigrant visa applications
or the locations where such applications will be
processed.''.
SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.
(a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C.
1202(c)) is amended--
(1) by striking ``personal description'' through ``marks of
identification);'';
[[Page 2665]]
(2) by striking ``applicant'' and inserting ``applicant,
the determination of his eligibility for a nonimmigrant
visa,''; and
(3) by adding at the end the following: ``At the discretion
of the Secretary of State, application forms for the various
classes of nonimmigrant admissions described in section
101(a)(15) may vary according to the class of visa being
requested.''.
(b) Disposition of Applications.--Section 222(e) (8 U.S.C.
1202(e)) is amended--
(1) in the first sentence, by striking ``required by this
section'' and inserting ``for an immigrant visa''; and
(2) in the fourth sentence--
(A) by striking ``stamp'' and inserting ``stamp, or other
(B) by striking ``by the consular officer''.
SEC. 635. VISA WAIVER PROGRAM.
(a) Elimination of Joint Action Requirement.--Section 217
(8 U.S.C. 1187) is amended--
(1) in subsection (a), by striking ``Attorney General and
the Secretary of State, acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State'';
(2) in subsection (c)(1), by striking ``Attorney General
and the Secretary of State acting jointly'' and inserting
``Attorney General, in consultation with the Secretary of
State,''; and
(3) in subsection (d), by striking ``Attorney General and
the Secretary of State, acting jointly,'' and inserting
``Attorney General, in consultation with the Secretary of
State,''.
(b) Extension of Program.--Section 217(f) (8 U.S.C.
1187(f)) is amended by striking ``1996'' and inserting
``1997.''.
(c) Duration and Termination of Designation of Pilot
Program Countries.--
(1) In general.--Section 217(g) (8 U.S.C. 1187(g)) is
amended to read as follows:
``(g) Duration and Termination of Designation.--
``(1) In general.--
``(A) Determination and notification of disqualification
rate.--Upon determination by the Attorney General that a
pilot program country's disqualification rate is 2 percent or
more, the Attorney General shall notify the Secretary of
State.
``(B) Probationary status.--If the program country's
disqualification rate is greater than 2 percent but less than
3.5 percent, the Attorney General shall place the program
country in probationary status for a period not to exceed 2
full fiscal years following the year in which the
determination under subparagraph (A) is made.
``(C) Termination of designation.--Subject to paragraph
(3), if the program country's disqualification rate is 3.5
percent or more, the Attorney General shall terminate the
country's designation as a pilot program country effective at
the beginning of the second fiscal year following the fiscal
year in which the determination under subparagraph (A) is
made.
``(2) Termination of probationary status.--
``(A) In general.--If the Attorney General determines at
the end of the probationary period described in paragraph
(1)(B) that the program country placed in probationary status
under such paragraph has failed to develop a machine-readable
passport program as required by section (c)(2)(C), or has a
disqualification rate of 2 percent or more, the Attorney
General shall terminate the designation of the country as a
pilot program country. If the Attorney General determines
that the program country has developed a machine-readable
passport program and has a disqualification rate of less than
2 percent, the Attorney General shall redesignate the country
as a pilot program country.
``(B) Effective date.--A termination of the designation of
a country under subparagraph (A) shall take effect on the
first day of the first fiscal year following the fiscal year
in which the determination under such subparagraph is made.
Until such date, nationals of the country shall remain
eligible for a waiver under subsection (a).
``(3) Nonapplicability of certain provisions.--Paragraph
(1)(C) shall not apply unless the total number of nationals
of a pilot program country described in paragraph (4)(A)
exceeds 100.
``(4) Definition.--For purposes of this subsection, the
term `disqualification rate' means the percentage which--
``(A) the total number of nationals of the pilot program
country who were--
``(i) excluded from admission or withdrew their application
for admission during the most recent fiscal year for which
data are available; and
``(ii) admitted as nonimmigrant visitors during such fiscal
year and who violated the terms of such admission; bears to
``(B) the total number of nationals of such country who
applied for admission as nonimmigrant visitors during such
fiscal year.''.
(2) Transition.--A country designated as a pilot program
country with probationary status under section 217(g) of the
Immigration and Nationality Act (as in effect on the day
before the date of the enactment of this Act) shall be
considered to be designated as a pilot program country on and
after such date, subject to placement in probationary status
or termination of such designation under such section (as
amended by paragraph (1)).
(3) Conforming amendment.--Section 217(a)(2)(B) (8 U.S.C.
1187(a)(2)(B)) is amended by striking ``or is'' through
``subsection (g).'' and inserting a period.
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by
each applicant for an immigrant visa described in section
203(c) of the Immigration and Nationality Act. Such fee may
be set at a level that will ensure recovery of the cost to
the Department of State of allocating visas under such
section, including the cost of processing all applications
thereunder. All fees collected under this section shall be
used for providing consular services. All fees collected
under this section shall be deposited as an offsetting
collection to any Department of State appropriation and shall
remain available for obligations until expended. The
provisions of the Act of August 18, 1856 (11 Stat. 58; 22
U.S.C. 4212-4214), concerning accounting for consular fees,
shall not apply to fees collected under this section.
SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS
FOR THE 1995 DIVERSITY IMMIGRANT PROGRAM.
(a) In General.--The Attorney General, in consultation with
the Secretary of State, shall include among the aliens
selected for diversity immigrant visas for fiscal year 1997
pursuant to section 203(c) of the Immigration and Nationality
Act any alien who, on or before September 30, 1995--
(1) was selected as a diversity immigrant under such
section for fiscal year 1995;
(2) applied for adjustment of status to that of an alien
lawfully admitted for permanent residence pursuant to section
245 of such Act during fiscal year 1995, and whose
application, and any associated fees, were accepted by the
Attorney General, in accordance with applicable regulations;
(3) was not determined by the Attorney General to be
excludable under section 212 of such Act or ineligible under
section 203(c)(2) of such Act; and
(4) did not become an alien lawfully admitted for permanent
residence during fiscal year 1995.
(b) Priority.--The aliens selected under subsection (a)
shall be considered to have been selected for diversity
immigrant visas for fiscal year 1997 prior to any alien
selected under any other provision of law.
(c) Reduction of Immigrant Visa Number.--For purposes of
applying the numerical limitations in sections 201 and 203(c)
of the Immigration and Nationality Act, aliens selected under
subsection (a) who are granted an immigrant visa shall be
treated as aliens granted a visa under section 203(c) of such
Act.
Subtitle D--Other Provisions
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO
NONIMMIGRANT FOREIGN STUDENTS AND OTHER
EXCHANGE PROGRAM PARTICIPANTS.
(a) In General.--
(1) Program.--The Attorney General, in consultation with
the Secretary of State and the Secretary of Education, shall
develop and conduct a program to collect from approved
institutions of higher education and designated exchange
visitor programs in the United States the information
described in subsection (c) with respect to aliens who--
(A) have the status, or are applying for the status, of
nonimmigrants under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act; and
(B) are nationals of the countries designated under
subsection (b).
(2) Deadline.--The program shall commence not later than
January 1, 1998.
(b) Covered Countries.--The Attorney General, in
consultation with the Secretary of State, shall designate
countries for purposes of subsection (a)(1)(B). The Attorney
General shall initially designate not less than 5 countries
and may designate additional countries at any time while the
program is being conducted.
(c) Information to be Collected.--
(1) In general.--The information for collection under
subsection (a) with respect to an alien consists of--
(A) the identity and current address in the United States
of the alien;
(B) the nonimmigrant classification of the alien and the
date on which a visa under the classification was issued or
extended or the date on which a change to such classification
was approved by the Attorney General;
(C) in the case of a student at an approved institution of
higher education, the current academic status of the alien,
including whether the alien is maintaining status as a full-
time student or, in the case of a participant in a designated
exchange visitor program, whether the alien is satisfying the
terms and conditions of such program; and
(D) in the case of a student at an approved institution of
higher education, any disciplinary action taken by the
institution against the alien as a result of the alien's
being convicted of a crime or, in the case of a participant
in a designated exchange visitor program, any change in the
alien's participation as a result of the alien's being
convicted of a crime.
(2) FERPA.--The Family Educational Rights and Privacy Act
of 1974 shall not apply to aliens described in subsection (a)
to the extent that the Attorney General determines necessary
to carry out the program under subsection (a).
(3) Electronic collection.--The information described in
paragraph (1) shall be collected electronically, where
practicable.
(4) Computer software.--
(A) Collecting institutions.--To the extent practicable,
the Attorney General shall design the program in a manner
that permits approved institutions of higher education and
designated exchange visitor programs to use existing software
for the collection, storage, and data processing of
information described in paragraph (1).
[[Page 2666]]
(B) Attorney general.--To the extent practicable, the
Attorney General shall use or enhance existing software for
the collection, storage, and data processing of information
described in paragraph (1).
(d) Participation by Institutions of Higher Education and
Exchange Visitor Programs.--
(1) Condition.--The information described in subsection (c)
shall be provided by as a condition of--
(A) in the case of an approved institution of higher
education, the continued approval of the institution under
subparagraph (F) or (M) of section 101(a)(15) of the
Immigration and Nationality Act; and
(B) in the case of an approved institution of higher
education or a designated exchange visitor program, the
granting of authority to issue documents to an alien
demonstrating the alien's eligibility for a visa under
subparagraph (F), (J), or (M) of section 101(a)(15) of such
Act.
(2) Effect of failure to provide information.--If an
approved institution of higher education or a designated
exchange visitor program fails to provide the specified
information, such approvals and such issuance of visas shall
be revoked or denied.
(e) Funding.--
(1) In general.--Beginning on April 1, 1997, an approved
institution of higher education and a designated exchange
visitor program shall impose on, and collect from, each alien
described in paragraph (3), with respect to whom the
institution or program is required by subsection (a) to
collect information, a fee established by the Attorney
General under paragraph (4) at the time--
(A) when the alien first registers with the institution or
program after entering the United States; or
(B) in a case where a registration under subparagraph (A)
does not exist, when the alien first commences activities in
the United States with the institution or program.
(2) Remittance.--An approved institution of higher
education and a designated exchange visitor program shall
remit the fees collected under paragraph (1) to the Attorney
General pursuant to a schedule established by the Attorney
General.
(3) Aliens described.--An alien referred to in paragraph
(1) is an alien who has nonimmigrant status under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (other than a nonimmigrant
under section 101(a)(15)(J) of such Act who has come to the
United States as a participant in a program sponsored by the
Federal Government).
(4) Amount and use of fees.--
(A) Establishment of amount.--The Attorney General shall
establish the amount of the fee to be imposed on, and
collected from, an alien under paragraph (1). Except as
provided in subsection (g)(2), the fee imposed on any
individual may not exceed $100. The amount of the fee shall
be based on the Attorney General's estimate of the cost per
alien of conducting the information collection program
described in this section.
(B) Use.--Fees collected under paragraph (1) shall be
deposited as offsetting receipts into the Immigration
Examinations Fee Account (established under section 286(m) of
the Immigration and Nationality Act) and shall remain
available until expended for the Attorney General to
reimburse any appropriation the amount paid out of which is
for expenses in carrying out this section.
(f) Joint Report.--Not later than 4 years after the
commencement of the program established under subsection (a),
the Attorney General, the Secretary of State, and the
Secretary of Education shall jointly submit to the Committees
on the Judiciary of the Senate and the House of
Representatives a report on the operations of the program and
the feasibility of expanding the program to cover the
nationals of all countries.
(g) Worldwide Applicability of the Program.--
(1) Expansion of program.--
(A) In general.--Not later than 6 months after the
submission of the report required by subsection (f), the
Attorney General, in consultation with the Secretary of State
and the Secretary of Education, shall commence expansion of
the program to cover the nationals of all countries.
(B) Deadline.--Such expansion shall be completed not later
than 1 year after the date of the submission of the report
referred to in subsection (f).
(2) Revision of fee.--After the program has been expanded,
as provided in paragraph (1), the Attorney General may, on a
periodic basis, revise the amount of the fee imposed and
collected under subsection (e) in order to take into account
changes in the cost of carrying out the program.
(h) Definitions.--As used in this section:
(1) Approved institution of higher education.--The term
``approved institution of higher education'' means a college
or university approved by the Attorney General, in
consultation with the Secretary of Education, under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act.
(2) Designated exchange visitor program.--The term
``designated exchange visitor program'' means a program that
has been--
(A) designated by the Director of the United States
Information Agency for purposes of section 101(a)(15)(J) of
the Immigration and Nationality Act; and
(B) selected by the Attorney General for purposes of the
program under this section.
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE
IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way
restrict, any government entity or official from sending to,
or receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
(b) Additional Authority of Government Entities.--
Notwithstanding any other provision of Federal, State, or
local law, no person or agency may prohibit, or in any way
restrict, a Federal, State, or local government entity from
doing any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any
individual:
(1) Sending such information to, or requesting or receiving
such information from, the Immigration and Naturalization
Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal,
State, or local government entity.
(c) Obligation to Respond to Inquiries.--The Immigration
and Naturalization Service shall respond to an inquiry by a
Federal, State, or local government agency, seeking to verify
or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any
purpose authorized by law, by providing the requested
verification or status information.
SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.
Not later than 6 months after the date of the enactment of
this Act, the Commissioner of Immigration and Naturalization
shall issue regulations governing rights of ``habitual
residence'' in the United States under the terms of the
following:
(1) The Compact of Free Association between the Government
of the United States and the Governments of the Marshall
Islands and the Federated States of Micronesia (48 U.S.C.
1901 note).
(2) The Compact of Free Association between the Government
of the United States and the Government of Palau (48 U.S.C.
1931 note).
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.
(a) Provision of Information Regarding Female Genital
Mutilation.--The Immigration and Naturalization Service (in
cooperation with the Department of State) shall make
available for all aliens who are issued immigrant or
nonimmigrant visas, prior to or at the time of entry into the
United States, the following information:
(1) Information on the severe harm to physical and
psychological health caused by female genital mutilation
which is compiled and presented in a manner which is limited
to the practice itself and respectful to the cultural values
of the societies in which such practice takes place.
(2) Information concerning potential legal consequences in
the United States for (A) performing female genital
mutilation, or (B) allowing a child under his or her care to
be subjected to female genital mutilation, under criminal or
child protection statutes or as a form of child abuse.
(b) Limitation.--In consultation with the Secretary of
State, the Commissioner of Immigration and Naturalization
shall identify those countries in which female genital
mutilation is commonly practiced and, to the extent
practicable, limit the provision of information under
subsection (a) to aliens from such countries.
(c) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minora, or labia majora.
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.
(a) Findings.--The Congress finds that--
(1) the practice of female genital mutilation is carried
out by members of certain cultural and religious groups
within the United States;
(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health
effects that harm the women involved;
(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and
constitutional;
(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any
single State or local jurisdiction to control;
(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the first amendment to the Constitution or
under any other law; and
(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
fourteenth amendment, as well as under the treaty clause, to
the Constitution to enact such legislation.
(b) Crime.--
(1) In general.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 116. Female genital mutilation
``(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or
any part of the labia majora or labia minora or clitoris of
another person who has not attained the age of 18
[[Page 2667]]
years shall be fined under this title or imprisoned not more
than 5 years, or both.
``(b) A surgical operation is not a violation of this
section if the operation is--
``(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place
of its performance as a medical practitioner; or
``(2) performed on a person in labor or who has just given
birth and is performed for medical purposes connected with
that labor or birth by a person licensed in the place it is
performed as a medical practitioner, midwife, or person in
training to become such a practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be
taken of the effect on the person on whom the operation is to
be performed of any belief on the part of that person, or any
other person, that the operation is required as a matter of
custom or ritual.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 7 of title 18, United States Code, is
amended by adding at the end the following new item:
``116. Female genital mutilation.''.
(c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND
HUNGARIAN PAROLEES.
(a) In General.--The Attorney General shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence if the
alien--
(1) applies for such adjustment;
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States
on the date the application for such adjustment is filed;
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of Poland or Hungary; and
(2) was inspected and granted parole into the United States
during the period beginning on November 1, 1989, and ending
on December 31, 1991, after being denied refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not apply
to adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as an alien
lawfully admitted for permanent residence as of the date of
the alien's inspection and parole described in subsection
(b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of
State shall not be required to reduce the number of immigrant
visas authorized to be issued under the Immigration and
Nationality Act.
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General shall make available
funds under this section, in each of fiscal years 1997
through 2001, to the Commissioner of Immigration and
Naturalization or to other public or private nonprofit
entities to support demonstration projects under this section
at 10 sites throughout the United States. Each such project
shall be designed to provide for the administration of the
oath of allegiance under section 337(a) of the Immigration
and Nationality Act on a business day around Independence Day
to approximately 500 people whose application for
naturalization has been approved. Each project shall provide
for appropriate outreach and ceremonial and celebratory
activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General shall consider changing the sites
selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount made available under this section
with respect to any single site for a year shall not exceed
$5,000.
(2) Use.--Funds made available under this section may be
used only to cover expenses incurred in carrying out oath
administration ceremonies at the demonstration sites under
subsection (a), including expenses for--
(A) cost of personnel of the Immigration and Naturalization
Service (including travel and overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures and other
information about the ceremonies.
(3) Availability of funds.--Funds that are otherwise
available to the Immigration and Naturalization Service to
carry out naturalization activities shall be available, to
the extent provided in appropriation Acts, to carry out this
section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by,
the Attorney General, in a form and manner specified by the
Attorney General.
SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS;
REQUIREMENTS REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this division should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this division, the Attorney General, to the greatest
extent practicable, shall provide to each recipient of a
grant a notice describing the statement made in subsection
(a) by the Congress.
SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION
EMERGENCY.
Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is
amended in the first sentence by inserting ``or whenever the
Attorney General determines that an actual or anticipated
mass migration of aliens en route to, or arriving off the
coast of, the United States presents urgent circumstances
requiring an immediate Federal response,'' after ``United
States,'' the first place such term appears.
SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.
(a) In General.--The Attorney General shall investigate,
and submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate regarding, the
practices of entities authorized to administer standardized
citizenship tests pursuant to section 312.3(a) of title 8,
Code of Federal Regulations. The report shall include any
findings of fraudulent practices by such entities.
(b) Preliminary and Final Reports.--Not later than 90 days
after the date of the enactment of this Act, the Attorney
General shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate a preliminary
report on the investigation conducted under subsection (a).
The Attorney General shall submit to such Committees a final
report on such investigation not later than 275 days after
the submission of the preliminary report.
SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS
ADMINISTRATIVE BUILDING.
(a) Designation.--The United States Customs Administrative
Building at the Ysleta/Zaragosa Port of Entry located at 797
South Zaragosa Road in El Paso, Texas, is designated as the
``Timothy C. McCaghren Customs Administrative Building''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other paper of the
United States to the building referred to in subsection (a)
is deemed to be a reference to the ``Timothy C. McCaghren
Customs Administrative Building''.
SEC. 652. MAIL-ORDER BRIDE BUSINESS.
(a) Findings.--The Congress finds as follows:
(1) There is a substantial ``mail-order bride'' business in
the United States. With approximately 200 companies in the
United States, an estimated 2,000 to 3,500 men in the United
States find wives through mail-order bride catalogs each
year. However, there are no official statistics available on
the number of mail-order brides entering the United States
each year.
(2) The companies engaged in the mail-order bride business
earn substantial profits.
(3) Although many of these mail-order marriages work out,
in many other cases, anecdotal evidence suggests that mail-
order brides find themselves in abusive relationships. There
is also evidence to suggest that a substantial number of
mail-order marriages are fraudulent under United States law.
(4) Many mail-order brides come to the United States
unaware or ignorant of United States immigration law. Mail-
order brides who are battered often think that if they flee
an abusive marriage, they will be deported. Often the citizen
spouse threatens to have them deported if they report the
abuse.
(5) The Immigration and Naturalization Service estimates
that the rate of marriage fraud between foreign nationals and
United States citizens or aliens lawfully admitted for
permanent residence is 8 percent. It is unclear what
percentage of these marriage fraud cases originate as mail-
order marriages.
(b) Information Dissemination.--
(1) Requirement.--Each international matchmaking
organization doing business in the United States shall
disseminate to recruits, upon recruitment, such immigration
and naturalization information as the Immigration and
Naturalization Service deems appropriate, in the recruit's
native language, including information regarding conditional
permanent residence status and the battered spouse waiver
under such status, permanent resident status, marriage fraud
penalties, the unregulated nature of the business engaged in
by such organizations, and the study required under
subsection (c).
(2) Civil penalty.--
[[Page 2668]]
(A) Violation.--Any international matchmaking organization
that the Attorney General determines has violated subsection
(b) shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $20,000 for each such violation.
(B) Procedures for imposition of penalty.--Any penalty
under subparagraph (A) may be imposed only after notice and
opportunity for an agency hearing on the record in accordance
with sections 554 through 557 of title 5, United States Code.
(c) Study.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the
Director of the Violence Against Women Initiative of the
Department of Justice, shall conduct a study of mail-order
marriages to determine, among other things--
(1) the number of such marriages;
(2) the extent of marriage fraud in such marriages,
including an estimate of the extent of marriage fraud arising
from the services provided by international matchmaking
organizations;
(3) the extent to which mail-order spouses utilize section
244(a)(3) of the Immigration and Nationality Act (providing
for suspension of deportation in certain cases involving
abuse), or section 204(a)(1)(A)(iii) of such Act (providing
for certain aliens who have been abused to file a
classification petition on their own behalf);
(4) the extent of domestic abuse in mail-order marriages;
and
(5) the need for continued or expanded regulation and
education to implement the objectives of the Violence Against
Women Act of 1994 and the Immigration Marriage Fraud
Amendments of 1986 with respect to mail-order marriages.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate setting forth the results
of the study conducted under subsection (c).
(e) Definitions.--As used in this section:
(1) International matchmaking organization.--
(A) In general.--The term ``international matchmaking
organization'' means a corporation, partnership, business, or
other legal entity, whether or not organized under the laws
of the United States or any State, that does business in the
United States and for profit offers to United States citizens
or aliens lawfully admitted for permanent residence, dating,
matrimonial, or social referral services to nonresident
noncitizens, by--
(i) an exchange of names, telephone numbers, addresses, or
statistics;
(ii) selection of photographs; or
(iii) a social environment provided by the organization in
a country other than the United States.
(B) Exception.--Such term does not include a traditional
matchmaking organization of a religious nature that otherwise
operates in compliance with the laws of the countries of the
recruits of such organization and the laws of the United
States.
(2) Recruit.--The term ``recruit'' means a noncitizen,
nonresident person, recruited by the international
matchmaking organization for the purpose of providing dating,
matrimonial, or social referral services to United States
citizens or aliens lawfully admitted for permanent residence.
SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS
PROGRAM.
(a) Sense of the Congress.--It is the sense of the Congress
that the H2-A nonimmigrant worker program should be reviewed
and may need improvement in order to meet the need of
producers of labor-intensive agricultural commodities and
livestock in the United States for an adequate workforce.
(b) Review.--The Comptroller General shall review the
effectiveness of the H-2A nonimmigrant worker program to
ensure that the program provides a sufficient supply of
agricultural labor in the event of future shortages of
domestic workers after the enactment of this Act. Among other
things, the Comptroller General shall review the H-2A
nonimmigrant worker program to determine--
(1) whether the program ensures that an adequate supply of
qualified United States workers is available at the time and
place needed for employers seeking such workers after the
date of enactment of this Act;
(2) whether the program ensures that there is timely
approval of applications for temporary foreign workers under
the program in the event of shortages of United States
workers after the date of the enactment of this Act;
(3) whether the program ensures that implementation of the
program is not displacing United States agricultural workers
or diminishing the terms and conditions of employment of
United States agricultural workers;
(4) if, and to what extent, the program is contributing to
the problem of illegal immigration; and
(5) that the program adequately meets the needs of
agricultural employers for all types of temporary foreign
agricultural workers, including higher-skilled workers in
occupations which require a level of specific vocational
preparation of 4 or higher (as described in the 4th edition
of the Dictionary of Occupational Title, published by the
Department of Labor).
(c) Report.--Not later than December 31, 1996, or 3 months
after the date of the enactment of this Act, whichever occurs
earlier, the Comptroller General shall submit a report to the
appropriate committees of the Congress setting forth the
conclusions of the Comptroller General from the review
conducted under subsection (b).
(d) Definitions.--As used in this section:
(1) The term ``Comptroller General'' means the Comptroller
General of the United States.
(2) The term ``H-2A nonimmigrant worker program'' means the
program for the admission of nonimmigrant aliens described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act.
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN
CUSTOMS AGENTS.
(a) Study and Review.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Commissioner of the United
States Customs Service shall initiate a study of harassment
by Canadian customs agents allegedly undertaken for the
purpose of deterring cross-border commercial activity along
the United States-New Brunswick border. Such study shall
include a review of the possible connection between any
incidents of harassment and the discriminatory imposition of
the New Brunswick provincial sales tax on goods purchased in
the United States by New Brunswick residents, and with any
other actions taken by the Canadian provincial governments to
deter cross-border commercial activities.
(2) Consultation.--In conducting the study under paragraph
(1), the Commissioner of the United States Customs Service
shall consult with representatives of the State of Maine,
local governments, local businesses, and any other
knowledgeable persons who the Commissioner considers to be
important to the completion of the study.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner of the United States
Customs Service shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report on the study and review conducted under subsection
(a). The report shall include recommendations for steps that
the United States Government can take to help end any
harassment by Canadian customs agents that is found to have
occurred.
SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF
NEW BRUNSWICK PROVINCIAL SALES TAX.
(a) Findings.--The Congress finds as follows:
(1) In July 1993, Canadian customs officers began
collecting an 11 percent New Brunswick provincial sales tax
on goods purchased in the United States by New Brunswick
residents, an action that has caused severe economic harm to
United States businesses located in proximity to the border
with New Brunswick.
(2) This impediment to cross-border trade compounds the
damage already done from the Canadian Government's imposition
of a 7 percent tax on all goods bought by Canadians in the
United States.
(3) Collection of the New Brunswick provincial sales tax on
goods purchased outside of New Brunswick is effected only
along the United States-Canadian border, not along New
Brunswick's borders with other Canadian provinces; the tax is
thus being administered by Canadian authorities in a manner
uniquely discriminatory to Canadians shopping in the United
States.
(4) In February 1994, the United States Trade
Representative publicly stated an intention to seek redress
from the discriminatory application of the New Brunswick
provincial sales tax under the dispute resolution process in
chapter 20 of the North American Free Trade Agreement
(NAFTA), but the United States Government has still not made
such a claim under NAFTA procedures.
(5) Initially, the United States Trade Representative
argued that filing a New Brunswick provincial sales tax claim
was delayed only because the dispute mechanism under NAFTA
had not yet been finalized, but more than a year after such
mechanism has been put in place, the claim has still not been
put forward by the United States Trade Representative.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the provincial sales tax levied by the Canadian
province of New Brunswick on Canadian citizens of that
province who purchase goods in the United States--
(A) raises questions about a possible violation of the
North American Free Trade Agreement in the discriminatory
application of the tax to cross-border trade with the United
States; and
(B) damages good relations between the United States and
Canada; and
(2) the United States Trade Representative should move
forward without further delay in seeking redress under the
dispute resolution process in chapter 20 of the North
American Free Trade Agreement for the violation.
SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.
(a) Birth Certificates.--
(1) Standards for acceptance by federal agencies.--
(A) In general.--
(i) General rule.--Subject to clause (ii), a Federal agency
may not accept for any official purpose a certificate of
birth, unless the certificate--
(I) is a birth certificate (as defined in paragraph (3));
and
(II) conforms to the standards set forth in the regulation
promulgated under subparagraph (B).
[[Page 2669]]
(ii) Applicability.--Clause (i) shall apply only to a
certificate of birth issued after the day that is 3 years
after the date of the promulgation of a final regulation
under subparagraph (B). Clause (i) shall not be construed to
prevent a Federal agency from accepting for official purposes
any certificate of birth issued on or before such day.
(B) Regulation.--
(i) Consultation with government agencies.--The President
shall select 1 or more Federal agencies to consult with State
vital statistics offices, and with other appropriate Federal
agencies designated by the President, for the purpose of
developing appropriate standards for birth certificates that
may be accepted for official purposes by Federal agencies, as
provided in subparagraph (A).
(ii) Selection of lead agency.--Of the Federal agencies
selected under clause (i), the President shall select 1
agency to promulgate, upon the conclusion of the consultation
conducted under such clause, a regulation establishing
standards of the type described in such clause.
(iii) Deadline.--The agency selected under clause (ii)
shall promulgate a final regulation under such clause not
later than the date that is 1 year after the date of the
enactment of this Act.
(iv) Minimum requirements.--The standards established under
this subparagraph--
(I) at a minimum, shall require certification of the birth
certificate by the State or local custodian of record that
issued the certificate, and shall require the use of safety
paper, the seal of the issuing custodian of record, and other
features designed to limit tampering, counterfeiting, and
photocopying, or otherwise duplicating, the birth certificate
for fraudulent purposes;
(II) may not require a single design to which birth
certificates issued by all States must conform; and
(III) shall accommodate the differences between the States
in the manner and form in which birth records are stored and
birth certificates are produced from such records.
(2) Grants to states.--
(A) Assistance in meeting federal standards.--
(i) In general.--Beginning on the date a final regulation
is promulgated under paragraph (1)(B), the Secretary of
Health and Human Services, acting through the Director of the
National Center for Health Statistics and after consulting
with the head of any other agency designated by the
President, shall make grants to States to assist them in
issuing birth certificates that conform to the standards set
forth in the regulation.
(ii) Allocation of grants.--The Secretary shall provide
grants to States under this subparagraph in proportion to the
populations of the States applying to receive a grant and in
an amount needed to provide a substantial incentive for
States to issue birth certificates that conform to the
standards described in clause (i).
(B) Assistance in matching birth and death records.--
(i) In general.--The Secretary of Health and Human
Services, acting through the Director of the National Center
for Health Statistics and after consulting with the head of
any other agency designated by the President, shall make
grants to States to assist them in developing the capability
to match birth and death records, within each State and among
the States, and to note the fact of death on the birth
certificates of deceased persons. In developing the
capability described in the preceding sentence, a State that
receives a grant under this subparagraph shall focus first on
individuals born after 1950.
(ii) Allocation and amount of grants.--The Secretary shall
provide grants to States under this subparagraph in
proportion to the populations of the States applying to
receive a grant and in an amount needed to provide a
substantial incentive for States to develop the capability
described in clause (i).
(C) Demonstration projects.--The Secretary of Health and
Human Services, acting through the Director of the National
Center for Health Statistics, shall make grants to States for
a project in each of 5 States to demonstrate the feasibility
of a system under which persons otherwise required to report
the death of individuals to a State would be required to
provide to the State's office of vital statistics sufficient
information to establish the fact of death of every
individual dying in the State within 24 hours of acquiring
the information.
(3) Birth certificate.--As used in this subsection, the
term ``birth certificate'' means a certificate of birth--
(A) of--
(i) an individual born in the United States; or
(ii) an individual born abroad--
(I) who is a citizen or national of the United States at
birth; and
(II) whose birth is registered in the United States; and
(B) that--
(i) is a copy, issued by a State or local authorized
custodian of record, of an original certificate of birth
issued by such custodian of record; or
(ii) was issued by a State or local authorized custodian of
record and was produced from birth records maintained by such
custodian of record.
(b) State-Issued Drivers Licenses and Comparable
Identification Documents.--
(1) Standards for acceptance by federal agencies.--
(A) In general.--A Federal agency may not accept for any
identification-related purpose a driver's license, or other
comparable identification document, issued by a State, unless
the license or document satisfies the following requirements:
(i) Application process.--The application process for the
license or document shall include the presentation of such
evidence of identity as is required by regulations
promulgated by the Secretary of Transportation after
consultation with the American Association of Motor Vehicle
Administrators.
(ii) Social security number.--Except as provided in
subparagraph (B), the license or document shall contain a
social security account number that can be read visually or
by electronic means.
(iii) Form.--The license or document otherwise shall be in
a form consistent with requirements set forth in regulations
promulgated by the Secretary of Transportation after
consultation with the American Association of Motor Vehicle
Administrators. The form shall contain security features
designed to limit tampering, counterfeiting, photocopying, or
otherwise duplicating, the license or document for fraudulent
purposes and to limit use of the license or document by
impostors.
(B) Exception.--The requirement in subparagraph (A)(ii)
shall not apply with respect to a driver's license or other
comparable identification document issued by a State, if the
State--
(i) does not require the license or document to contain a
social security account number; and
(ii) requires--
(I) every applicant for a driver's license, or other
comparable identification document, to submit the applicant's
social security account number; and
(II) an agency of the State to verify with the Social
Security Administration that such account number is valid.
(C) Deadline.--The Secretary of Transportation shall
promulgate the regulations referred to in clauses (i) and
(iii) of subparagraph (A) not later than 1 year after the
date of the enactment of this Act.
(2) Grants to states.--Beginning on the date final
regulations are promulgated under paragraph (1), the
Secretary of Transportation shall make grants to States to
assist them in issuing driver's licenses and other comparable
identification documents that satisfy the requirements under
such paragraph.
(3) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, this subsection shall take effect on the date of
the enactment of this Act.
(B) Prohibition on federal agencies.--Subparagraphs (A) and
(B) of paragraph (1) shall take effect beginning on October
1, 2000, but shall apply only to licenses or documents issued
to an individual for the first time and to replacement or
renewal licenses or documents issued according to State law.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of
birth certificates, including any such use to obtain a social
security account number or a State or Federal document
related to identification or immigration.
(d) Federal Agency Defined.--For purposes of this section,
the term ``Federal agency'' means any of the following:
(1) An Executive agency (as defined in section 105 of title
5, United States Code).
(2) A military department (as defined in section 102 of
such title).
(3) An agency in the legislative branch of the Government
of the United States.
(4) An agency in the judicial branch of the Government of
the United States.
SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD.
(a) Development.--
(1) In general.--The Commissioner of Social Security (in
this section referred to as the ``Commissioner'') shall, in
accordance with the provisions of this section, develop a
prototype of a counterfeit-resistant social security card.
Such prototype card--
(A) shall be made of a durable, tamper-resistant material
such as plastic or polyester;
(B) shall employ technologies that provide security
features, such as magnetic stripes, holograms, and integrated
circuits; and
(C) shall be developed so as to provide individuals with
reliable proof of citizenship or legal resident alien status.
(2) Assistance by attorney general.--The Attorney General
shall provide such information and assistance as the
Commissioner deems necessary to achieve the purposes of this
section.
(b) Studies and Reports.--
(1) In general.--The Comptroller General and the
Commissioner of Social Security shall each conduct a study,
and issue a report to the Congress, that examines different
methods of improving the social security card application
process.
(2) Elements of studies.--The studies shall include
evaluations of the cost and work load implications of issuing
a counterfeit-resistant social security card for all
individuals over a 3, 5, and 10 year period. The studies
shall also evaluate the feasibility and cost implications of
imposing a user fee for replacement cards and cards issued to
individuals who apply for such a card prior to the scheduled
3, 5, and 10 year phase-in options.
(3) Distribution of reports.--Copies of the reports
described in this subsection,
[[Page 2670]]
along with facsimiles of the prototype cards as described in
subsection (a), shall be submitted to the Committees on Ways
and Means and Judiciary of the House of Representatives and
the Committees on Finance and Judiciary of the Senate not
later than 1 year after the date of the enactment of this
Act.
SEC. 658. BORDER PATROL MUSEUM.
(a) Authority.--Notwithstanding section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484) or any other provision of law, the Attorney General is
authorized to transfer and convey to the Border Patrol Museum
and Memorial Library Foundation, incorporated in the State of
Texas, such equipment, artifacts, and memorabilia held by the
Immigration and Naturalization Service as the Attorney
General may determine is necessary to further the purposes of
the Museum and Foundation.
(b) Technical Assistance.--The Attorney General is
authorized to provide technical assistance, through the
detail of personnel of the Immigration and Naturalization
Service, to the Border Patrol Museum and Memorial Library
Foundation for the purpose of demonstrating the use of the
items transferred under subsection (a).
SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
It is the sense of the Congress that the mission statement
of the Immigration and Naturalization Service should include
a statement that it is the responsibility of the Service to
detect, apprehend, and remove those aliens unlawfully present
in the United States, particularly those aliens involved in
drug trafficking or other criminal activity.
SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN
TRANSPORTATION OF CERTAIN ALIENS.
Section 112(d)(1) of title 32, United States Code, is
amended by adding at the end the following new sentence:
``The plan as approved by the Secretary may provide for the
use of personnel and equipment of the National Guard of that
State to assist the Immigration and Naturalization Service in
the transportation of aliens who have violated a Federal or
State law prohibiting or regulating the possession, use, or
distribution of a controlled substance.''.
Subtitle E--Technical Corrections
SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Amendments Relating to Public Law 103-322 (Violent
Crime Control and Law Enforcement Act of 1994).--
(1) Section 60024(1)(F) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (in this
subsection referred to as ``VCCLEA'') is amended by inserting
``United States Code,'' after ``title 18,''.
(2) Section 130003(b)(3) of VCCLEA is amended by striking
``Naturalization'' and inserting ``Nationality''.
(3)(A) Section 214 (8 U.S.C. 1184) is amended by
redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the subsection
(k), as amended by section 622(c) of this division, as
subsections (k) and (l), respectively.
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is
amended by striking ``214(j)'' and inserting ``214(k)''.
(4)(A) Section 245 (8 U.S.C. 1255) is amended by
redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.
1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of
VCCLEA and before redesignation by section 305(a)(2) of this
division, is amended by striking ``245(i)'' and inserting
``245(j)''.
(5) Section 245(j)(3), as added by section 130003(c)(1) of
VCCLEA and as redesignated by paragraph (4)(A), is amended by
striking ``paragraphs (1) or (2)'' and inserting ``paragraph
(1) or (2)''.
(6) Section 130007(a) of VCCLEA is amended by striking
``242A(d)'' and inserting ``242A(a)(3)''.
(7) The amendments made by this subsection shall be
effective as if included in the enactment of the VCCLEA.
(b) Amendments Relating to Immigration and Nationality
Technical Corrections Act of 1994.--
(1) Section 101(d) of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) (in
this subsection referred to as ``INTCA'') is amended--
(A) by striking ``Application'' and all that follows
through ``This'' and inserting ``Applicability of
Transmission Requirements.--This'';
(B) by striking ``any residency or other retention
requirements for'' and inserting ``the application of any
provision of law relating to residence or physical presence
in the United States for purposes of transmitting United
States''; and
(C) by striking ``as in effect'' and all that follows
through the end and inserting ``to any person whose claim is
based on the amendment made by subsection (a) or through whom
such a claim is derived.''.
(2) Section 102 of INTCA is amended by adding at the end
the following:
``(e) Transition.--In applying the amendment made by
subsection (a) to children born before November 14, 1986, any
reference in the matter inserted by such amendment to `five
years, at least two of which' is deemed a reference to `10
years, at least 5 of which'.''.
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended by
section 105(a)(2)(A) of INTCA, is amended by striking the
comma after ``nationality''.
(4) Section 207(2) of INTCA is amended by inserting a comma
after ``specified''.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended in
subparagraph (K)(ii), by striking the comma after ``1588''.
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended by
section 209(a) of INTCA, is amended by striking ``remain''
and inserting ``remains''.
(7) Section 209(a)(1) of INTCA is amended by striking
``$3000'' and inserting ``$3,000''.
(8) Section 209(b) of INTCA is amended by striking
``subsection'' and inserting ``section''.
(9) Section 219(cc) of INTCA is amended by striking ``
`year 1993 the first place it appears' '' and inserting ``
`year 1993' the first place it appears''.
(10) Section 219(ee) of INTCA is amended by adding at the
end the following:
``(3) The amendments made by this subsection shall take
effect on the date of the enactment of this Act.''.
(11) Paragraphs (4) and (6) of section 286(r) (8 U.S.C.
1356(r)) are amended by inserting ``the'' before ``Fund''
each place it appears.
(12) Section 221 of INTCA is amended--
(A) by striking each semicolon and inserting a comma,
(B) by striking ``disasters.'' and inserting
``disasters,''; and
(C) by striking ``The official'' and inserting ``the
official''.
(13) Section 242A (8 U.S.C. 1252a), as added by section
224(a) of INTCA and before redesignation as section 238 by
section 308(b)(5) of this division, is amended by
redesignating subsection (d) as subsection (c).
(14) Except as otherwise provided in this subsection, the
amendments made by this subsection shall take effect as if
included in the enactment of INTCA.
(c) Amendments Relating to Public Law 104-132
(Antiterrorism and Effective Death Penalty Act of 1996).--
(1) Section 219 (8 U.S.C. 1189), as added by section 302(a)
of Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132) (in this subsection referred to as
``AEDPA''), is amended by striking the heading and all that
follows through ``(a)'' and inserting the following:
``designation of foreign terrorist organizations
``Sec. 219. (a)''.
(2) Section 302(b) of AEDPA is amended by striking ``,
relating to terrorism,''.
(3) Section 106(a) (8 U.S.C. 1105a(a)), as amended by
sections 401(e) and 440(a) of AEDPA, is amended--
(A) by striking ``and'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(C) in paragraph (10), by striking ``Any'' and inserting
``any''.
(4) Section 440(a) of the AEDPA is amended by striking
``Section 106 of the Immigration and Nationality Act (8
U.S.C. 1105a(a)(10)) is amended to read as follows:'' and
inserting ``Section 106(a) of the Immigration and Nationality
Act (8 U.S.C. 1105a(a)) is amended by adding at the end the
following:''.
(5) Section 440(g)(1)(A) of AEDPA is amended--
(A) by striking ``of this title''; and
(B) by striking the period after ``241(a)(2)(A)(i)''.
(6) Section 440(g) of AEDPA is amended by striking
paragraph (2).
(7) The amendments made by this subsection shall take
effect as if included in the enactment of subtitle A of title
IV of AEPDA.
(d) Striking References to Section 210A.--
(1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) is
amended by striking ``, 210A,''.
(B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is
amended by striking ``, 210A(a),''.
(C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
redesignation by section 305(a)(2) of this division, is
amended by striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration
Reform and Control Act of 1986 are each amended by striking
``, 210A,''.
(e) Miscellaneous Changes in the Immigration and
Nationality Act.--
(1) Before being amended by section 308(a)(2) of this
division, the item in the table of contents relating to
section 242A is amended to read as follows:
``Sec. 242A. Expedited deportation of aliens convicted of committing
aggravated felonies.''.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by
striking ``, 321, and 322'' and inserting ``and 321''.
(3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by
inserting a comma after ``(4) thereof)''.
(4) Pursuant to section 6(b) of Public Law 103-272 (108
Stat. 1378)--
(A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is amended by
striking ``section 101(3) of the Federal Aviation Act of
1958'' and inserting ``section 40102(a)(2) of title 49,
United States Code''; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is amended by
striking ``section 105 or 106 of the Hazardous Materials
Transportation Act (49 U.S.C. App. 1804, 1805)'' and
inserting ``section 5103(b), 5104, 5106, 5107, or 5110 of
title 49, United States Code''.
(5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is
amended by inserting a period after ``expended''.
[[Page 2671]]
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is
amended--
(A) by striking ``and'' at the end of clause (iv);
(B) by moving clauses (v) and (vi) 2 ems to the left;
(C) by striking ``; and'' in clauses (v) and (vi) and
inserting ``and for'';
(D) by striking the colons in clauses (v) and (vi); and
(E) by striking the period at the end of clause (v) and
inserting ``; and''.
(7) Section 412(b) (8 U.S.C. 1522(b)) is amended by
striking the comma after ``is authorized'' in paragraph (3)
and after ``The Secretary'' in paragraph (4).
(f) Miscellaneous Change in the Immigration Act of 1990.--
Section 161(c)(3) of the Immigration Act of 1990 is amended
by striking ``an an'' and inserting ``of an''.
(g) Miscellaneous Changes in Other Acts.--
(1) Section 506(a) of the Intelligence Authorization Act,
Fiscal Year 1990 (Public Law 101-193) is amended by striking
``this section'' and inserting ``such section''.
(2) Section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, as amended by section 505(2) of
Public Law 103-317, is amended--
(A) by moving the indentation of subsections (f) and (g) 2
ems to the left; and
(B) in subsection (g), by striking ``(g)'' and all that
follows through ``shall'' and inserting ``(g) Subsections (d)
and (e) shall''.
DIVISION D--SMALL BUSINESS PROGRAMS IMPROVEMENT ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Small
Business Programs Improvement Act of 1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Administrator defined.
Sec. 3. Effective date.
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT
Sec. 101. References.
Sec. 102. Risk management database.
Sec. 103. Section 7(a) loan program.
Sec. 104. Disaster loans.
Sec. 105. Microloan demonstration program.
Sec. 106. Small business development center program.
Sec. 107. Miscellaneous authorities to provide loans and other
financial assistance.
Sec. 110. STTR program extension.
Sec. 111. Level of participation for export working capital loans.
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT
Sec. 201. References.
Sec. 202. Modifications to development company debenture program.
Sec. 203. Required actions upon default.
Sec. 204. Loan liquidation pilot program.
Sec. 205. Registration of certificates.
Sec. 206. Preferred surety bond guarantee program.
Sec. 207. Sense of the Congress.
Sec. 208. Small business investment company improvements.
SEC. 2. ADMINISTRATOR DEFINED.
For purposes of this Act, the term ``Administrator'' means
the Administrator of the Small Business Administration.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on October 1,
1996.
TITLE I--AMENDMENTS TO SMALL BUSINESS ACT
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Small Business Act (15 U.S.C. 631 et
seq.).
SEC. 102. RISK MANAGEMENT DATABASE.
Section 4(b) (15 U.S.C. 633) is amended by inserting after
paragraph (2) the following:
``(3) Risk management database.--
``(A) Establishment.--The Administration shall establish,
within the management system for the loan programs authorized
by subsections (a) and (b) of section 7 of this Act and title
V of the Small Business Investment Act of 1958, a management
information system that will generate a database capable of
providing timely and accurate information in order to
identify loan underwriting, collections, recovery, and
liquidation problems.
``(B) Information to be maintained.--In addition to such
other information as the Administration considers
appropriate, the database established under subparagraph (A)
shall, with respect to each loan program described in
subparagraph (A), include information relating to--
``(i) the identity of the institution making the guaranteed
loan or issuing the debenture;
``(ii) the identity of the borrower;
``(iii) the total dollar amount of the loan or debenture;
``(iv) the total dollar amount of government exposure in
each loan;
``(v) the district of the Administration in which the
borrower has its principal office;
``(vi) the principal line of business of the borrower, as
identified by Standard Industrial Classification Code (or any
successor to that system);
``(vii) the delinquency rate for each program (including
number of instances and days overdue);
``(viii) the number and amount of repurchases, losses, and
recoveries in each program;
``(ix) the number of deferrals or forbearance sin each
program (including days and number of instances);
``(x) comparisons on the basis of loan program, lender,
Administration district and region, for all the data elements
maintained; and
``(xi) underwriting characteristics of each loan that has
entered into default, including term, amount and type of
collateral, loan-to-value and other actual and projected
ratios, line of business, credit history, and type of loan.
``(C) Deadline for operational capability.--The database
established under subparagraph (A) shall--
``(i) be operational not later than June 30, 1997; and
``(ii) capture data beginning on the first day of the
second quarter of fiscal year 1997 beginning after such date
and thereafter.''.
SEC. 103. SECTION 7(A) LOAN PROGRAM.
(a) Servicing and Liquidation of Loans by Preferred
Lenders.--Section 7(a)(2)(C)(ii)(II) (15 U.S.C.
636(a)(2)(C)(ii)(II)) is amended to read as follows:
``(II) complete authority to service and liquidate such
loans without obtaining the prior specific approval of the
Administration for routine servicing and liquidation
activities, but shall not take any actions creating an actual
or apparent conflict of interest.''.
(b) Certified Lenders Program.--Section 7(a)(19) (15 U.S.C.
636(a)(19)) is amended by adding at the end the following new
subparagraph:
``(C) Authority to liquidate loans.--
``(i) In general.--The Administrator may permit lenders
participating in the Certified Lenders Program to liquidate
loans made with a guarantee from the Administration pursuant
to a liquidation plan approved by the Administrator.
``(ii) Automatic approval.--If the Administrator does not
approve or deny a request for approval of a liquidation plan
within 10 business days of the date on which the request is
made (or with respect to any routine liquidation activity
under such a plan, within 5 business days) such request shall
be deemed to be approved.''.
(c) Limitation on Conducting Pilot Projects.--Section 7(a)
(15 U.S.C. 636(a)) is amended by adding at the end the
following new paragraph:
``(25) Limitation on conducting pilot projects.--
``(A) In general.--Not more than 10 percent of the total
number of loans guaranteed in any fiscal year under this
subsection may be awarded as part of a pilot program which is
commenced by the Administrator on or after October 1, 1996.
``(B) Pilot program defined.--In this paragraph, the term
`pilot program' means any lending program initiative,
project, innovation, or other activity not specifically
authorized by law.
``(C) Low documentation loan program.--The Administrator
may carry out the low documentation loan program for loans of
$100,000 or less only through lenders with significant
experience in making small business loans. Not later than 90
days after the date of enactment of this subsection, the
Administrator shall promulgate regulations defining the
experience necessary for participation as a lender in the low
documentation loan program.''.
(d) Calculation of Subsidy Rate.--Section 7(a) (15 U.S.C.
636(a)) is amended by adding at the end the following new
paragraph:
``(26) Calculation of subsidy rate.--All fees, interest,
and profits received and retained by the Administration under
this subsection shall be included in the calculations made by
the Director of the Office of Management and Budget to offset
the cost (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990) to the Administration of
purchasing and guaranteeing loans under this Act.''.
(e) Sale of Unguaranteed Portions of SBA Loans.--Section
5(f)(3) (15 U.S.C. 634(f)(3)) is amended by adding at the end
the following: ``Beginning on March 31, 1997, the sale of the
unguaranteed portion of any loan made under section 7(a)
shall not be permitted until a final regulation that applies
uniformly to both depository institutions and other lenders
is promulgated by the Administration setting forth the terms
and conditions under which such sales can be permitted,
including maintenance of appropriate reserve requirements and
other safeguards to protect the safety and soundness of the
program.''.
(f) Conditions on Purchase of Loans.--Section 7(a)(4) (15
U.S.C. 636(a)(4)) is amended--
(1) by striking ``(4) Notwithstanding'' and inserting the
following:
``(4) Interest rates and fees.--
``(A) Interest rates.--Notwithstanding''; and
(2) by adding at the end the following new subparagraph:
``(B) Payment of accrued interest.--
``(i) In general.--Any bank or other lending institution
making a claim for payment on the guaranteed portion of a
loan made under this subsection shall be paid the accrued
interest due on the loan from the earliest date of default to
the date of payment of the claim at a rate not to exceed the
rate of interest on the loan on the date of default, minus
one percent.
``(ii) Loans sold on secondary market.--If a loan described
in clause (i) is sold on the secondary market, the amount of
interest paid to a bank or other lending institution
described in that clause from the earliest
[[Page 2672]]
date of default to the date of payment of the claim shall be
no more than the agreed upon rate, minus one percent.''.
(g) Plan for Transfer of Loan Servicing Functions to
Centralized Centers.--
(1) Implementation plan required.--The Administrator shall
submit a detailed plan for completing the consolidation, in
one or more centralized centers, of the performance of the
various functions relating to the servicing of loans directly
made or guaranteed by the Administration pursuant to the
Small Business Act, addressing the matters described in
paragraph (2) by the deadline specified in paragraph (3).
(2) Contents of plan.--In addition to such other matters as
the Administrator may deem appropriate, the plan required by
paragraph (1) shall include--
(A) the proposed number and location of such centralized
loan servicing centers;
(B) the proposed workload (identified by type and numbers
of loans and their geographic origin by the Small Business
Administration district office) and staffing of each such
center;
(C) a detailed, time-phased plan for the transfer of the
identified loan servicing functions to each proposed center;
and
(D) any identified impediments to the timely execution of
the proposed plan (including adequacy of available financial
resources, availability of needed personnel, facilities, and
related equipment) and the recommendations of the
Administrator for addressing such impediments.
(3) Deadline for submission.--Not later than February 28,
1997, the plan required by paragraph (1) shall be submitted
to the Committees on Small Business of the House of
Representatives and Senate.
(h) Preferred Lender Standard Review Program.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall commence a standard review program for
the Preferred Lender Program established by section 5(b)(7)
of the Small Business Act (15 U.S.C. 634(b)(7)), which shall
include annual or more frequent assessments of the
participation of the lender in the program, including
defaults, loans, and recoveries of loans made by that lender
under the authority of this section. The Administrator shall
require such standard review for each new entrant to the
Preferred Lender Program.
(i) Independent Study of Loan Programs.--
(1) Study required.--The Administrator shall contract with
one or more private sector parties to conduct a comprehensive
assessment of the performance of the loan programs authorized
by section 7(a) of the Small Business Act (15 U.S.C. 636(a))
and title V of the Small Business Investment Act of 1958 (15
U.S.C. 661) addressing the matters described in paragraph (2)
and resulting in a report to the Congress pursuant to
paragraph (5).
(2) Matters to be assessed.--In addition to such other
matters as the Administrator considers appropriate, the
assessment required by paragraph (1) shall address, with
respect to each loan program described in paragraph (1) for
each of the fiscal years described in paragraph (3)--
(A) the number and frequency of deferrals and defaults;
(B) default rates;
(C) comparative loss rate, by--
(i) type of lender (separately addressing preferred
lenders, certified lenders, and general participation
lenders);
(ii) term of the loan;
(iii) dollar value of the loan at disbursement; and
(iv) underwriting characteristics of each loan that has
entered into default, including term, amount and type of
collateral, loan-to-value and other actual and projected
ratios, line of business, credit history, and type of loan;
and
(D) the economic models used by the Office of Management
and Budget to calculate the credit subsidy rate applicable to
the loan programs.
(3) Period of assessment.--The assessments undertaken
pursuant to paragraph (2) shall address data for the period
beginning with fiscal year 1986 of each loan program
described in paragraph (1).
(4) Access to information.--The Administrator shall provide
to the contractor access to any information collected by or
available to the Administration with regard to the loan
programs being assessed. The contactor shall preserve the
confidentiality of any information for which confidentiality
is protected by law or properly asserted by the person
submitting such information.
(5) Contract funding.--The Administrator shall fund the
cost of the contract from the amounts appropriated for the
salaries and expenses of the Administration for fiscal year
1997.
(6) Report to the congress.--
(A) Contents.--The contractor shall prepare a report of--
(i) its analyses of the makers to be assessed pursuant to
paragraph (2); and
(ii) its independent recommendations for improving program
performance with respect to each loan program, regarding--
(I) improving the timely collection and subsequent
management by the Administration of data to measure the
performance of each loan program described in paragraph (1);
and
(II) reducing loss rates for and improving the performance
of each such loan program.
(B) Submission to the congress.--Not later than June 30,
1997, the Administrator shall submit the report prepared
under subparagraph (A) to the Committees on Small Business of
the House of Representatives and the Senate. The
Administrator shall append his comments, and those of the
Office of Management and Budget, if any, to the report.
SEC. 104. DISASTER LOANS.
(a) Private Sector Loan Servicing Demonstration Program.--
(1) In general.--
(A) Demonstration program required.--Notwithstanding any
other provision of law, the Administration shall conduct a
demonstration program, within the parameters described in
paragraph (2), to evaluate the comparative costs and benefits
of having the Administration's portfolio of disaster loans
serviced under contract rather than directly by employees of
the Administration. All costs of the demonstration program
shall be paid from amounts made available for the Salaries
and Expenses Account of the Administration.
(B) Initiation date.--Not later than 90 days after the date
of enactment of this Act, the Administration shall issue a
request for proposals for the program parameters described in
paragraph (2).
(2) Demonstration program parameters.--
(A) Loan sample.--The sample of loans for the demonstration
program shall be randomly drawn from the Administration's
portfolio of loans made pursuant to section 7(b) of the Small
Business Act and shall include a representative group of not
less than 30 percent of all loans for residential properties,
including 30 percent of all loans made during the
demonstration program after the date of enactment of this
Act, which loans shall be selected by the Administration on
the basis of geographic distribution and such other factors
as the Administration determines to be appropriate.
(B) Contract and options.--The Administration shall
solicit and competitively award one or more contracts to
service the loans included in the sample of loans described
in subparagraph (A) for a term of not less than one year,
with 3 one-year contract renewal options, each of which shall
be exercised by the Administration unless the Administration
terminates the contractor or contractors for good cause.
(3) Term of demonstration program.--The demonstration
program shall commence not later than October 1, 1997.
(4) Reports.--
(A) Interim reports.--Not later than 120 days before the
expiration of the initial 4-year contract performance period,
the Administrator shall submit to9 the Committees on Small
Business of the House of Representatives and the Senate an
interim report on the conduct of the demonstration program.
The contractor shall be afforded a reasonable opportunity to
attach comments to each such report.
(B) Final report.--Not later than 120 days after the
termination of the demonstration program, the Administrator
shall submit to the Committees on Small Business of the House
of Representatives and the Senate a final report on the
performance of the demonstration program, together with the
recommendations of the Administrator for continuation,
termination, or modification of the demonstration program.
(b) Definition of Disaster.--
(1) In general.--Section 3(k) (15 U.S.C. 632(k)) is amended
by inserting ``commercial fishery failures or fishery
resource disasters (as determined by the Secretary of
Commerce under section 308(b) of the Interjurisdictional
Fisheries Act of 1986),'' after ``tidal waves,''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective with respect to any disaster occurring on
or after march 1, 1994.
SEC. 105. MICROLOAN DEMONSTRATION PROGRAM.
Section 7(m)(7)(B) (15 U.S.C. 636(m)(4)) is amended by
adding at the end the following: ``If, however, at the
beginning of the fourth quarter of a fiscal year the
Administration determines that a portion of appropriated
microloan funds are unlikely to be awarded during that year,
the Administration may make additional funds available to a
State in excess of 125 percent of the pro rata share of that
State.''.
SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.
(a) Associate Administrator for Small Business Development
Centers.--
(1) Duties.--Section 21(h) (15 U.S.C. 648(h)) is amended to
read as follows:
``(h) Associate Administrator for Small Business
Development Centers.--
``(1) Appointment and compensation.--The Administrator
shall appoint an Associate Administrator for Small Business
Development Centers who shall report to an official who is
not more than one level below the Office of the Administrator
and who shall serve without regard to the provisions of title
5 governing appointments in the competitive service, and
without regard to chapter 51, and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, but at a rate not less than the rate of
GS-17 of the General Schedule.
``(2) Duties.--
``(A) In general.--The sole responsibility of the Associate
Administrator for Small Business Development Centers shall be
to administer the small business development center program.
Duties of the position shall include recommending the annual
program budget, reviewing the annual budgets submitted by
each applicant, establishing ap
[[Page 2673]]
propriate funding levels therefore, selecting applicants to
participate in this program, implementing the provisions of
this section, maintaining a clearinghouse to provide for the
dissemination and exchange of information between small
business development centers and conducting audits of
recipients of grants under this section.
``(B) Consultation requirements.--In carrying out the
duties described in this subsection, the Associate
Administrator shall confer with and seek the advice of the
Board established by subsection (i) and Administration
officials in areas served by the small business development
centers; however, the Associate Administrator shall be
responsible for the management and administration of the
program and shall not be subject to the approval or
concurrence of such Administration officials.''.
(2) References to associate administrator.--Section 21 (15
U.S.C. 648) is amended--
(A) in subsection (c)(7), by striking ``Deputy Associate
Administrator of the Small Business Development Center
program'' and inserting ``Associate Administrator for Small
Business Development Centers''; and
(B) in subsection (i)(2), by striking ``Deputy Associate
Administrator for Management Assistance'' and inserting
``Associate Administrator for Small Business Development
Centers''.
(b) Extension or Renewal of Cooperative Agreements.--
Section 21(k)(3) (15 U.S.C. 648(k)(3)) is amended to read as
follows:
``(3) Extension or renewal of cooperative agreements.--
``(A) In general.--In extending or renewing a cooperative
agreement of a small business development center, the
Administration shall consider the results of the examination
and certification program conducted pursuant to paragraphs
(1) and (2).
``(B) Certification requirement.--After September 30, 2000,
the Administration may not renew or extend any cooperative
agreement with a small business development center unless the
center has been approved under the certification program
conducted pursuant to this subsection, except that the
Associate Administrator for Small Business Development
Centers may waive such certification requirement, in the
discretion of the Associate Administrator, upon a showing
that the center is making a good faith effort to obtain
certification.''.
(c) Technical Correction.--Section 21(l) (15 U.S.C. 648(l))
is amended to read as follows:
``(1) Contract Authority.--The authority to enter into
contracts shall be in effect for each fiscal year only to the
extent and in the amounts as are provided in advance in
appropriations Acts. After the administration has entered a
contract, either as a grant or a cooperative agreement, with
any applicant under this section, it shall not suspend,
terminate, or fail to renew or extend any such contract
unless the Administration provides the applicant with written
notification setting forth the reasons therefore and
affording the applicant an opportunity for a hearing, appeal,
or other administrative proceeding under the provisions of
chapter 5 of title 5, United States Code.''.
SEC. 107. MISCELLANEOUS AUTHORITIES TO PROVIDE LOANS AND
OTHER FINANCIAL ASSISTANCE.
(a) Funding Limitation; Seminars.--Section 7(d) (15 U.S.C.
636(d)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)''; and
(2) by striking paragraph (2).
(b) Trade Adjustment Loans.--Section 7(e) (15 U.S.C.
636(e)) is amended to read as follows:
``(e) [RESERVED].''.
(e) Waiver of Credit Elsewhere Test for Colleges and
Universities.--Section 7(f) (15 U.S.C. 636(f)) is amended to
read as follows:
``(f) [RESERVED].''.
(d) Loans to Small Business Concerns for Solar Energy and
Energy Conservation Measures.--Section 7(l) (15 U.S.C.
636(l)) is amended to read as follows:
``(l) [RESERVED].''.
SEC. 108. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM.
(a) Extension of Demonstration Program.--
(1) In general.--Section 711(c) of the Small Business
Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note; 102 Stat. 3890) is amended by striking ``September
30, 1996'' and inserting ``September 30, 1997''.
(2) Repeal.--Section 717(f) of the Small Business
competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note) is repealed.
(b) Reporting of Subcontract Participation in Contracts for
Architectural and Engineering Services.--Section 714(b)(5) of
the Small Business Competitiveness Demonstration Program Act
of 1988 (15 U.S.C. 644 note; 102 Stat. 3892) is amended to
read as follows:
``(5) Duration.--The system described in subsection (a)
shall be established not later than October 1, 1996 (or as
soon as practicable thereafter on the first day of a
subsequent quarter of fiscal year 1997), and shall terminate
on September 30, 1997.''.
(c) Reports to the Congress.--
(1) In general.--Section 716 of the Small Business
Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note; 102 Stat. 3893) is amended--
(A) in subsection (a), by striking ``fiscal year 1991 and
1995'' and inserting ``each of fiscal years 1991 through
1996'';
(B) in subsection (b), by striking ``results'' and
inserting ``cumulative results''; and
(C) in subsection (c), by striking ``1996'' and inserting
``1997''.
(2) Cumulative report through fiscal year 1995.--A
cumulative report of the results of the Small Business
Competitiveness Demonstration Program for fiscal years 1991
through 1995 shall be submitted not later than February 28,
1997 pursuant to section 716(a) of the Small Business
Competitiveness Demonstration Program Act of 1988 (15 U.S.C.
644 note; 102 Stat. 3893), as amended by paragraph (1) of
this subsection.
SEC. 109. AMENDMENT TO SMALL BUSINESS GUARANTEED CREDIT
ENHANCEMENT ACT OF 1993.
(a) In general.--Section 7 of the Small Business Guaranteed
Credit Enhancement Act of 1993 (Public Law 103-81; 15 U.S.C.
634 note) is repealed effective September 29, 1996.
(b) Clerical Amendment.--The table of contents for the
Small Business Guaranteed Credit Enhancement Act of 1993
(Public Law 103-81; 15 U.S.C. 631 note) is amended by
striking the item relating to section 7.
SEC. 110. STTR PROGRAM EXTENSION.
Section 9(n)(1)(C) (15 U.S.C. 638(n)(1)(C)) is amended by
striking ``fiscal year 1996'' and inserting ``fiscal years
1996 and 1997''.
SEC. 111. LEVEL OF PARTICIPATION FOR EXPORT WORKING CAPITAL
LOANS.
Section 7(A)(2) (15 U.S.C. 636(A)(2)) is amended by adding
at the end the following:
``(D) Participation under export working capital program.--
Notwithstanding subparagraph (A), in an agreement to
participate in a loan on a deferred basis under the Export
Working Capital Program established pursuant to paragraph
(14)(A), such participation by the Administration shall not
exceed 90 percent.''.
TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT
SEC. 201. REFERENCES.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Small Business Investment Act of 1958
(15 U.S.C. 661 et seq.).
SEC. 202. MODIFICATIONS TO DEVELOPMENT COMPANY DEBENTURE
PROGRAM.
(a) Decreased Loan to Value Ratios.--Section 502(3) (15
U.S.C. 696(3)) is amended to read as follows:
``(3) Criteria for assistance.--
``(A) In general.--Any development company assisted under
this section or section 503 of this title must meet the
criteria established by the Administration, including the
extent of participation to be required or amount of paid-in
capital to be used in each instance as is determined to be
reasonable by the Administration.
``(B) Community injection funds.--
``(i) Sources of funds.--Community injection funds may be
derived, in whole or in part, from--
``(I) State or local governments;
``(II) banks or other financial institutions;
``(III) foundations or other not-for-profit institutions;
or
``(IV) the small business concern (or its owners,
stockholders, or affiliates) receiving assistance through a
body authorized by this title.
``(ii) Funding from institutions.--Not less than 50 percent
of the total cost of any project financed pursuant to clauses
(i), (ii), or (iii) of subparagraph (C) shall come from the
institutions described in subclauses (I), (II), and (III) of
clause (i).
``(C) Funding from a small business concern.--The small
business concern (or its owners, stockholders, or affiliates)
receiving assistance through a body authorized by this title
shall provide--
``(i) at least 15 percent of the total cost of the project
financed, if the small business concern has been in operation
for a period of 2 years or less;
``(ii) at least 15 percent of the total cost of the project
financed if the project involves the construction of a
limited or single purpose building or structure;
``(iii) at least 20 percent of the total cost of the
project financed if the project involves both of the
conditions set forth in clauses (i) and (ii); or
``(iv) at least 10 percent of the total cost of the project
financed, in all other circumstances, at the discretion of
the development company.''.
(b) Guarantee Fee for Development Company debentures.--
Section 503(b)(7)(A) (15 U.S.C. 697(b)(7)(A)) is amended by
striking ``equal to 0.125 percent'' and all that follows
before the semicolon and inserting the following: ``equal to
the lesser of--
``(i) 0.9375 percent per year of the outstanding balance of
the loan; or
``(ii) such percentage per year of the outstanding balance
of the loan as the Administrator may determine to be
necessary to reduce the cost (as that term is defined in
section 502 of the Federal Credit Reform Act of 1990) to the
Administration of purchasing and guaranteeing debentures
under this Act to an amount that, taking into consideration
any available appropriated funds, would permit the
Administration to purchase or guarantee $2,000,000,000 of
debentures in fiscal year 1997''.
(c) Fees To Offset Subsidy Cost.--Section 503(d) (15 U.S.C.
697(d)) is amended to read as follows:
``(d) Charges for Administration Expenses.--
[[Page 2674]]
``(1) Level of charges.--The Administration may impose an
additional charge for administrative expenses with respect to
each debenture for which payment of principal and interest is
guaranteed under subsection (a).
``(2) Participation fee.--The Administration shall collect
a one-time fee in an amount equal to 50 basis points on the
total participation in any project of any institution
described in subclause (I), (II), or (III) of section
502(3)(B)(i). Such fee shall be imposed only when the
participation of the institution will occupy a senior credit
position to that of the development company. All proceeds of
the fee shall be used to offset the cost (as that term is
defined in section 502 of the Credit Reform Act of 1990) to
the Administration of making guarantees under subsection (a).
``(3) Development company fee.--The Administration shall
collect annually from each development company a fee of 0.125
percent of the outstanding principal balance of any
guaranteed debenture authorized by the Administration after
September 30, 1996. Such fee shall be derived from the
servicing fees collected by the development company pursuant
to regulation, and shall not be derived from any additional
fees imposed on small business concerns. All proceeds of the
fee shall be used to offset the cost (as that term is defined
in section 502 of the Credit Reform Act of 1990) to the
Administration of making guarantees under subsection (a).''.
(d) Effective Date.--Section 503 (15 U.S.C. 697) is amended
by adding at the end the following new subsection:
``(f) Effective Date.--The fees authorized by subsections
(b) and (c) shall apply to financings approved by the
Administration on or after October 1, 1996, but shall not
apply to financings approved by the Administration on or
after October 1, 1997.''.
(e) Calculation of Subsidy Rate.--Section 503 (15 U.S.C.
697a) is amended by adding at the end the following new
subsection:
``(g) Calculation of Subsidy Rate.--All fees, interest, and
profits received and retained by the Administration under
this section shall be included in the calculations made by
the Director of the Office of Management and Budget to offset
the cost (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990) to the Administration of
purchasing and guaranteeing debentures under this Act.''.
SEC. 203. REQUIRED ACTIONS UPON DEFAULT.
Section 503 (15 U.S.C. 697) is amended by adding at the end
the following new subsection:
``(h) Required Actions Upon Default.--
``(1) Initial actions.--Not later than the 45th day after
the date on which a payment on a loan funded through a
debenture guaranteed under this section is due and not
received, the Administration shall--
``(A) take all necessary steps to bring such a loan
current; or
``(B) implement a formal written deferral agreement.
``(2) Purchase or acceleration of debenture.--Not later
than the 65th day after the date on which a payment on a loan
described in paragraph (1) is due and not received, and
absent a formal written deferral agreement, the
administration shall take all necessary steps to purchase or
accelerate the debenture.
``(3) Prepayment penalties.--With respect to the portion of
any project derived from funds set forth in section 502(3),
the Administration--
``(A) shall negotiate the elimination of any prepayment
penalties or late fees on defaulted loans made prior to
September 30, 1996;
``(B) shall not pay any prepayment penalty or late fee on
the default based purchase of loans issued after September
30, 1996; and
``(C) for any project financed after September 30, 1996,
shall not pay any default interest rate higher than the
interest rate on the note prior to the date of default.''.
SEC. 204. LOAN LIQUIDATION PILOT PROGRAM.
(a) In General.--The Administration shall carry out a loan
liquidation pilot program (in this section referred to as the
``pilot program'') in accordance with the requirements of
this section.
(b) Selection of Development Companies.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall establish
a pilot program under which certain development companies
authorized to make loans and issue debentures under title V
of the Small Business Investment Act of 1958 are selected by
the Administrator in accordance with this subsection to carry
out loan liquidations.
(2) Conflicts of interest.--The development companies
selected under paragraph (1) shall agree not to take any
action that would create a potential conflict of interest
involving the development company, the third party lender, or
an associate of the third party lender.
(3) Qualifications.--In order to qualify to participate in
the pilot program under this section, each development
company shall--
(A) have not less than 6 years of experience in the program
established by title V of the Small Business Investment Act
of 1958;
(B) have made, during the 6 most recent fiscal years, an
average of not less than 10 loans per year through the
program established by such title V of the Small Business
Investment Act of 1958;
(C) have not less than 2 years of experience in liquidating
loans under the authority of a Federal, State, or other
lending program; and
(D) meet such other requirements as the Administration may
establish.
(c) Authority of Development Companies.--The development
companies selected under subsection (b) shall, for loans in
their portfolio of loans made through debentures guaranteed
under title V of the Small Business Investment Act of 1958
that are in default after the date of enactment of this Act,
be authorized to--
(1) perform all liquidation and foreclosure functions,
including the acceleration or purchase of community injection
funds, subject to such company obtaining prior written
approval from the Administrator before committing the agency
to purchase any other indebtedness secured by the property:
Provided, That the Administrator shall approve or deny a
request for such purchase within a period of 10 business
days; and
(2) liquidate such loans in a reasonable and sound manner
and according to commercially accepted practices pursuant to
a liquidation plan approved by the Administrator in advance
of its implementation. If the Administrator does not approve
or deny a request for approval of a liquidation plan within
10 business days of the date on which the request is made (or
with respect to any routine liquidation activity under such a
plan, within 5 business days) such request shall be deemed to
be approved.
(d) Authority of the Administrator.--In carrying out the
pilot program, the Administrator shall--
(1) have full authority to rescind the authority granted
any development company under this section upon a 10-day
written notice stating the reasons for the rescission; and
(2) not later than 90 days after the admission of the
development companies specified in subsection (b), implement
the pilot program.
(e) Report.--
(1) In general.--The Administrator shall issue a report on
the results of the pilot program to the Committees on Small
Business of the House of Representatives and the Senate. The
report shall include information relating to--
(A) the total dollar amount of each loan and project
liquidated;
(B) the total dollar amount guaranteed by the
Administration;
(C) total dollar losses;
(D) total recoveries both as percentage of the amount
guaranteed and the total cost of the project; and
(E) a comparison of the pilot program information with the
same information for liquidation conducted outside the pilot
program over the period of time.
(2) Reporting period.--The report shall be based on data
from, and issued not later than 90 days after the close of,
the first eight fiscal quarters of the pilot program's
operation after the date of implementation.
SEC. 205. REGISTRATION OF CERTIFICATES.
(a) Certificates Sold Pursuant to Small Business Act.--
Section 5(h) of the Small Business Act (15 U.S.C. 634(h)) is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(h)'' and inserting ``(h)(1)'';
(3) by striking subparagraph (A), as redesignated by
paragraph (1) of this subsection, and inserting the
following:
``(A) provide for a central registration of all loans and
trust certificates sold pursuant to subsections (f) and (g)
of this section;''; and
(4) by adding at the end the following:
``(2) Nothing in this subsection shall prohibit the
utilization of a book-entry or other electronic form of
registration for trust certificates. The Administration may,
with the consent of the Secretary of the Treasury, use the
book-entry system of the Federal Reserve System.''.
(b) Certificates Sold Pursuant to Small Business Investment
Company Program.--Section 321(f) (15 U.S.C. 687l(f)) is
amended--
(1) in paragraph (1), by striking ``Such central
registration shall include'' and all that follows through the
period at the end of the paragraph; and
(2) by adding at the end the following:
(5) Nothing in this subsection shall prohibit the use of a
book-entry or other electronic form of registration for trust
certificates.''.
(c) Certificates Sold Pursuant to Development Company
Program.--Section 505(f) (15 U.S.C. 697b(f) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D);
(2) by striking ``(f)'' and inserting ``(f)(1)'';
(3) by striking paragraph (A), as redesignated by paragraph
(1) of this subsection, and inserting the following:
``(A) provide for a central registration of all trust
certificates sold pursuant to this section;'' and
``(4) by adding at the end the following:
```(2) Nothing in this subsection shall prohibit the
utilization of a book-entry or other electronic form of
registration for trust certificates.''.
SEC. 206. PREFERRED SURETY BOND GUARANTEE PROGRAM.
(a) Admission of Additional Program Participants.--Section
411(a) (15 U.S.C. 694(a)) is amended by adding a new
paragraph (5), as follows:
``(5)(A) The Administration shall promptly act upon an
application from a surety to participate in the Preferred
Surety Bond Guarantee Program, authorized by paragraph (3),
in accordance with criteria and procedures
[[Page 2675]]
established in regulations pursuant to subsection (d).
``(B) The Administration is authorized to reduce the
allotment of bond guarantee authority or terminate the
participation of a surety in the Preferred Surety Program
Guarantee Program based on the rate of participation of such
surety during the 4 most recent fiscal year quarters compared
to the median rate of participation by the other sureties in
the program.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to applications received (or pending
substantive evaluation) on or after October 1, 1995.
SEC. 207. SENSE OF THE CONGRESS.
(a) In General.--It is the sense of the Congress that the
subsidy models prepared by the Office of Management and
Budget relative to loan programs sponsored by the United
States Small Business Administration have a tendency to--
(1) overestimate potential risk of loss; and
(2) overemphasize historical losses that may be anomalous
and do not truly reflect the success of the programs as a
whole.
(b) Independent Study.--Consequently, the Congress mandates
the independent study in section 103(h) in an attempt to
improve the ability of the Office of Management and Budget to
reflect more accurately the budgetary implications of such
programs.
SEC. 208. SMALL BUSINESS INVESTMENT COMPANY IMPROVEMENTS.
(a) Definitions.--
(1) Small Business Concern.--Section 103(5) (15 U.S.C.
662(5)) is amended by inserting before the semicolon the
following: ``, except that, for purposes of this Act, an
investment by a venture capital firm, investment company
(including a small business investment company) employee
welfare benefit plan or pension plan, or trust, foundation,
or endowment that is exempt from Federal income taxation--
``(A) shall not cause a business concern to be deemed not
independently owned and operated;
``(B) shall be disregarded in determining whether a
business concern satisfies size standards established
pursuant to section 3(a)(2) of the Small Business Act; and
``(C) shall be disregarded in determining whether a small
business concern is a smaller enterprise''.
(2) Private capital.--Section 103(9) (15 U.S.C. 662(9)) is
amended to read as follows:
``(9) the term `private capital'--
``(A) means the sum of--
``(i) the paid-in capital and paid-in surplus of a
corporate licensee, the contributed capital of the partners
of a partnership licensee, or the equity investment of the
members of a limited liability company licensee; and
``(ii) unfunded binding commitments, from investors that
meet criteria established by the Administrator, to contribute
capital to the licensee: Provided, That such unfunded
commitments may be counted as private capital for purposes of
approval by the Administrator of any request for leverage,
but leverage shall not be funded based on such commitments;
and
``(B) does not include any--
``(i) funds borrowed by a licensee from any source;
``(ii) funds obtained through the issuance of leverage; or
``(iii) funds obtained directly or indirectly from any
Federal, State, or local government, or any government agency
or instrumentality, except for--
``(I) funds invested by an employee welfare benefit plan or
pension plan; and
``(II) any qualified nonprivate funds (if the investors of
the qualified nonprivate funds do not control, directly or
indirectly, the management, board of directors, general
partners, or members of the licensee);''.
(3) New definitions.--Section 103 (15 U.S.C. 662) is
amended by striking paragraph (10) and inserting the
following:
``(10) the term `leverage' includes--
``(A) debentures purchased or guaranteed by the
Administration;
``(B) participating securities purchased or guaranteed by
the Administration; and
``(C) preferred securities outstanding as of October 1,
1995;
``(11) the term `third party debt' means any indebtedness
for borrowed money, other than indebtedness owed to the
Administration;
``(12) the term `smaller enterprise' means any small
business concern that, together with its affiliates--
``(A) has--
``(i) a net financial worth of not more than $6,000,000, as
of the date on which assistance is provided under this Act to
that business concern; and
``(ii) an average net income for the 2-year period
preceding the date on which assistance is provided under this
Act to that business concern, of not more than $2,000,000,
after Federal income taxes (excluding any carryover losses);
or
``(B) satisfies the standard industrial classification size
standards established by the Administration for the industry
in which the small business concern is primarily engaged;
``(13) the term `qualified nonprivate funds' means any--
``(A) funds directly or indirectly invested in any
applicant or licensee on or before August 16, 1982, by any
Federal agency, other than the Administration, under a
provision of law explicitly mandating the inclusion of those
funds in the definition of the term `private capital';
``(B) funds directly or indirectly invested in any
applicant or licensee by any Federal agency under a provision
of law enacted after September 4, 1992, explicitly mandating
the inclusion of those funds in the definition of the term
`private capital'; and
``(C) funds invested in any applicant or licensee by one or
more State or local government entities (including any
guarantee extended by those entities) in an aggregate amount
that does not exceed 33 percent of the private capital of the
applicant or licensee;
``(14) the terms `employee welfare benefit plan' and
`pension plan' have the same meanings as in section 3 of the
Employee Retirement Income Security Act of 1974, and are
intended to include--
``(A) public and private pension or retirement plans
subject to such Act; and
``(B) similar plans not covered by such Act that have been
established and that are maintained by the Federal Government
or any State or political subdivision, or any agency or
instrumentality thereof, for the benefit of employees;
``(15) the term `member' means, with respect to a licensee
that is a limited ability company, a holder of an ownership
interest or a person otherwise admitted to membership in the
limited liability company; and
``(16) the term `limited liability company' means a
business entity that is organized and operating in accordance
with a State limited liability company statute approved by
the Administration.''.
(b) Organization of Small Business Investment Comnpanies.--
(1) Limited liability companies.--Section 301(a) (15 U.S.C.
681(a)) is amended in the first sentence, by striking ``body
or'' and inserting ``body, a limited liability company, or''
(2) Issuance of license.--Section 301(c) (15 U.S.C. 681(c))
is amended to read as follows:
``(c) Issuance of License.--
``(1) Submission of application.--Each applicant for a
license to operate as a small business investment company
under this Act shall submit to the Administrator an
application, in a form and including such documentation as
may be prescribed by the Administrator.
``(2) Procedures.--
``(A) Status.--Not later than 90 days after the initial
receipt by the Administrator of an application under this
subsection, the Administrator shall provide the applicant
with a written report detailing the status of the application
and any requirements remaining for completion of the
application.
``(B) Approval or disapproval.--Within a reasonable time
after receiving a completed application submitted in
accordance with this subsection and in accordance with such
requirements as the Administrator may prescribe by
regulation, the Administrator shall--
``(i) approve the application and issue a license for such
operation to the applicant if the requirements of this
section are satisfied; or
``(ii) disapprove the application and notify the applicant
in writing of the disapproval.
``(3) Matters considered.--In reviewing and processing any
application under this subsection, the Administrator--
``(A) shall determine whether--
``(i) the applicant meets the requirements of subsections
(a) and (c) of section 302; and
``(ii) the management of the applicant is qualified and has
the knowledge, experience, and capability necessary to comply
with this Act;
``(B) shall take into consideration--
``(i) the need for and availability of financing for small
business concerns in the geographic area in which the
applicant is to commence business;
``(ii) the general business reputation of the owners and
management of the applicant; and
``(iii) the probability of successful operations of the
applicant, including adequate probability and financial
soundness; and
``(C) shall not take into consideration any projected
shortage or unavailability of leverage.
``(4) Exception.--
``(A) In general.--Notwithstanding any other provision of
this Act, the Administrator may, in the discretion of the
Administrator and based on a showing of special circumstances
and good cause, approve in application and issue a license
under this subsection with respect to any applicant that--
``(i) has private capital of not less than $3,000,000;
``(ii) would otherwise be issued a license under this
subsection, except that the applicant does not satisfy the
requirements of section 302(a); and
``(iii) has a viable business plan reasonably projecting
profitable operations and a reasonable timetable for
achieving a level of private capital that satisfies the
requirements of section 302(a).
``(B) Leverage.--An applicant licensed pursuant to the
exception provided in this paragraph shall not be eligible to
receive leverage as a licensee until the applicant satisfies
the requirements of section 302(a).''.
(3) Specialized small business investment companies.--
(A) Repeal.--Section 301(d) (15 U.S.C. 681(d)) is repealed.
(B) Effect on existing licenses.--The repeal under
subparagraph (A) shall not be construed to require the
Administrator to cancel, revoke, withdraw, or modify any
license issued under section 301(d) of the Small Business
Investment Act of 1958 before the date of enactment of this
Act.
(c) Capital Requirements.--
[[Page 2676]]
(1) Increased minimum capital requirements.--Section 302(a)
(15 U.S.C. 682(a)) is amended by striking ``(a)'' and all
that follows through ``The Administration shall also
determine the ability of the company,'' and inserting the
following:
``(a) Amount.--
``(1) In general.--Except as provided in paragraph (2), the
private capital of each licensee shall be not less than--
``(A) $5,000,000; or
``(B) $10,000,000, with respect to each licensee authorized
or seeking authority to issue participating securities to be
purchased or guaranteed by the Administration under this Act.
``(2) Exception.--The Administrator may, in the discretion
of the Administrator and based on a showing of special
circumstances and good cause, permit the private capital of a
licensee authorized or seeking authorization to issue
participating securities to be purchased or guaranteed by the
Administration to be less than $10,000,000, but not less than
$5,000,000, if the Administrator determines that such action
would not create or otherwise contribute to an unreasonable
risk of default or loss to the Federal Government.
``(3) Adequacy.--In addition to the requirements of
paragraph (1), the Administrator shall--
``(A) determine whether the private capital of each
licensee is adequate to assure a reasonable prospect that the
licensee will be operated soundly and profitably, and managed
actively and prudently in accordance with its articles; and
``(B) determine that the licensee will be able''.
(2) Exemption for certain licensees.--Section 302(a) (15
U.S.C. 682(a)) is amended by adding at the end the following
new paragraph:
``(4) Exemption from capital requirements.--The
Administrator may, in the discretion of the Administrator,
approve leverage for any licensee licensed under subsection
(c) or (d) of section 301 before the date of enactment of the
Small Business Program Improvement Act of 1996 that does not
meet the capital requirements of paragraph (1), if--
``(A) the licensee certifies in writing that not less 50
percent of the aggregate dollar amount of its financings
after the date of enactment of the Small Business Program
Improvement Act of 1996 will be provided to smaller
enterprises; and
``(B) the Administrator determines that such action would
not create or otherwise contribute to an unreasonable risk of
default or loss to the United States Government.''.
``(3) Diversification of ownership.--Section 302(c) (15
U.S.C. 682(c)) is amended to read as follows:
``(c) Diversification of Ownership.--The Administrator
shall ensure that the management of each licensee licensed
after the date of enactment of the Small Business Program
Improvement Act of 1996 is sufficiently diversified from and
unaffiliated with the ownership of the licensee in a manner
that ensures independence and objectivity in the financial
management and oversight of the investments and operations of
the licensee.''.
(d) Borrowing.--
``(2) Debentures.--Section 303(b) (15 U.S.C. 683(b)) is
amended in the first sentence, by striking ``(but only'' and
all that follows through ``terms)''.
``(2) Third party debt.--Section 303(c) (15 U.S.C. 683(c))
is amended to read as follows:
``(c) Third Party Debt.--The Administrator--
``(1) shall not permit a licensee having outstanding
leverage to incur third party debt that would create or
contribute to an unreasonable risk of default or loss to the
Federal Government; and
``(2) shall permit such licensees to incur third party debt
only on such terms and subject to such conditions as may be
established by the Administrator, by regulation or
otherwise.''.
(3) Requirement to finance smaller enterprises.--Section
303(d) (15 U.S.C. 683(d)) is amended to read as follows:
``(d) Requirement to Finance Smaller Enterprises.--The
Administrator shall require each licensee, as a condition of
approval of an application for leverage, to certify in
writing that not less than 20 percent of the aggregate dollar
amount of the financings of the licensee will be provided to
smaller enterprises.''.
(4) Capital impairment requirements.--
(A) In general.--Section 303(e) (15 U.S.C. 683(e)) is
amended to read as follows:
``(e) Capital Impairment.--Before approving any application
for leverage submitted by a licensee under this Act, the
Administrator--
``(1) shall determine that the private capital of the
licensee meets the requirements of section 302(a); and
``(2) shall determine, taking into account the nature of
the assets of the licensee, the amount and terms of any third
party debt owed by such licensee, and any other factors
determined to be relevant by the Administrator, that the
private capital of the licensee has not been impaired to such
an extent that the issuance of additional leverage would
create or otherwise contribute to an unreasonable risk of
default or loss to the Federal Government.''.
(B) Regulations.--
(i) Uniform applicability.--Any regulation issued by the
Administration to implement section 303(e) of the Small
Business Investment Act of 1958 that applies to any licensee
with outstanding leverage obtained before the effective date
of that regulation, shall apply uniformly to all licensees
with outstanding leverage obtained before that effective
date.
(ii) Definitions.--For purposes of this subparagraph, the
terms ``Administration'', ``leverage'' and ``licensee'' have
the same meanings as in section 103 of the Small Business
Investment Act of 1958.
(5) Equity investment requirement.--Section 303(g)(4) (15
U.S.C. 683(g)(4)) is amended by striking ``and maintain''.
(6) Fees.--Section 303 (15 U.S.C. 683) is amended--
(A) in subsection (b), in the fifth sentence, by striking
``1 per centum'', and all that follows before the period at
the end of the sentence and inserting the following: ``1
percent, plus an additional charge of 1 percent per annum
which shall be paid to and retained by the Administration'';
(B) in subsection (g)(2), by striking ``1 per centum,'' and
all that follows before the period at the end of the
paragraph and inserting the following: ``1 percent, plus an
additional charge of 1 percent per annum which shall be paid
to and retained by the Administration''; and
(C) by adding at the end the following new subsections:
``(i) Leverage Fee.--With respect to leverage granted by
the Administration to a licensee, the Administration shall
collect from the licensee a nonrefundable fee in an amount
equal to 3 percent of the face amount of leverage granted to
the licensee, payable upon the earlier of the date of entry
into any commitment for such leverage or the date on which
the leverage is drawn by the licensee.
``(j) Calculation of Subsidy Rate.--All fees, interest, and
profits received and retained by the Administration under
this section shall be included in the calculations made by
the Director of the Office of Management and Budget to offset
the cost (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990) to the Administration of
purchasing and guaranteeing debentures and participating
securities under this Act.''.
(e) Liability of the United States.--Section 308(e) (15
U.S.C. 687(e)) is amended by striking ``Nothing'' and
inserting ``Except as expressly provided otherwise in this
Act, nothing''.
(f) Examinations; Valuations.--
(1) Examinations.--Section 310(b) (15 U.S.C. 687b(b)) is
amended in the first sentence by inserting ``which may be
conducted with the assistance of a private sector entity that
has both the qualifications to conduct and expertise in
conducting such examinations,'' after ``Investment Division
of the Administration,''.
(2) Valuations.--Section 310(d) (15 U.S.C. 687b(d)) is
amended to read as follows:
``(d) Valuations.--
``(1) Frequency of valuations.--
``(A) In general.--Each licensee shall submit to the
Administrator a written valuation of the loans and
investments of the licensee not less often than semiannually
or otherwise upon the request of the Administrator, except
that any licensee with no leverage outstanding shall submit
such valuations annually, unless the Administrator determines
otherwise.
``(B) Material adverse changes.--Not later than 30 days
after the end of a fiscal quarter of a licensee during which
a material adverse change in the aggregate valuation of the
loans and investments or operations of the licensee occurs,
the licensee shall notify the Administrator in writing of the
nature and extent of that change.
``(C) Independent certification.--
``(i) In General.--Not less than once during each fiscal
year, each licensee shall submit to the Administrator the
financial statements of the licensee, audited by an
independent certified public accountant approved by the
Administrator.
``(ii) Audit requirements.--Each audit conducted under
clause (i) shall include--
``(I) a review of the procedures and documentation used by
the licensee in preparing the valuations required by this
section; and
``(II) a statement by the independent certified public
accountant that such valuations were prepared in conformity
with the valuation criteria applicable to the licensee
established in accordance with paragraph (2).
``(2) Valuation criteria.--Each valuation submitted under
this subsection shall be prepared by the licensee in
accordance with valuation criteria, which shall--
``(A) be established or approved by the Administrator; and
``(B) include appropriate safeguards to ensure that the
noncash assets of a licensee are not overvalued.''.
(g) Trustee or Receivership Over Licensees.--
(1) Finding.--It is the finding of the Congress that
increased recoveries on assets in liquidation under the Small
Business Investment Act of 1958 are in the best interests of
the Federal Government.
(2) Definitions.--For purposes of this subsection--
(A) the term ``Administrator'' means the Administrator of
the Small Business Adminstration;
(B) the term ``Administration'' means the Small Business
Administration; and
(C) the term ``licensee'' has the same meaning as in
section 103.
(3) Liquidation plan.--
(A) In general.--Not later than October 15, 1996, the
Administrator shall submit to the Committees on Small
Business of the Senate and the House of Representatives a
detailed plan to expedite the orderly liquidation of all
licensee assets in liquidation, in
[[Page 2677]]
cluding assets of licensees in receivership or in trust held
by or under the control of the Administration or its agents.
(B) Contents.--The plan submitted under paragraph (1) shall
include a timetable for liquidating the liquidation portfolio
of small business investment company assets owned by the
Administration, and shall contain the findings and
recommendations of the Administrator on various options
providing for the fair and expeditious liquidation of such
assets within a reasonable period of time, giving due
consideration to the option of entering into one or more
contracts with private sector entities having the capability
to carry out the orderly liquidation of similar assets.
(h) Technical and Conforming Amendments.--
(1) Small business investment act of 1958.--The Small
Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is
amended--
(A) in section 303--
(i) in subsection (a), by striking ``debenture bonds,'' and
inserting ``securities,'';
(ii) by striking subsection (f) and inserting the
following:
``(f) Redemption or Repurchase of Preferred Stock.--
Notwithstanding any other provision of law--
``(1) the Administrator may allow the issuer of any
preferred stock sold to the Administration before November 1,
1989 to redeem or repurchase such stock, upon the payment to
the Administration of an amount less than the par value of
such stock, for a repurchase price determined by the
Administrator after consideration of all relevant factors,
including--
``(A) the market value of the stock;
``(B) the value of benefits provided and anticipated to
accrue to the issuer;
``(C) the amount of dividends paid, accrued, and
anticipated; and
``(D) the estimate of the Administrator of any anticipated
redemption; and
``(2) any moneys received by the Administration from the
repurchase of preferred stock shall be available solely to
provide debenture leverage to licensees having 50 percent or
more in aggregate dollar amount of their financings invested
in smaller enterprises.''; and
(iii) in subsection (g)(8)--
(I) by striking ``partners or shareholders'' and inserting
``partners, shareholders, or members'';
(II) by striking ``partner's or shareholder's'' and
inserting ``partner's, shareholder's, or member's''; and
(III) by striking ``partner or shareholder'' and inserting
``partner, shareholder, or member'';
(B) in section 308(h), by striking ``subsection (c) or (d)
of section 301'' each place that term appears and inserting
``section 301'';
(C) in section 310(c)(4), by striking ``not less than four
years in the case of section 301(d) licensees and in all
other cases,'';
(D) in section 312--
(i) by striking ``shareholders or partners'' and inserting
``shareholders, partners, or members''; and
(ii) by striking ``shareholder, or partner'' each place
that term appears and inserting ``shareholder, partner, or
member'';
(E) by striking sections 317 and 218, and redesignating
sections 319 through 322 as sections 317 through 320,
respectively;
(F) in section 319, as redesignated--
(i) in subsection (a), by striking ``, including companies
operating under the authority of section 301(d),''; and
(ii) in subsection (f)(2), by inserting ``or investments in
obligations of the United States'' after ``accounts'';
(G) in section 320, as redesignated, by striking ``section
321'' and inserting ``section 319''; and
(H) in section 509--
(i) in subsection (a)(1), by striking the second sentence;
and
(ii) in subsection (e)(1)(B), by striking ``subsection (c)
or (d) of section 301'' and inserting ``section 301''.
(2) Amendment in other law.--Section 11(h) of the Federal
Home Loan Bank Act (12 U.S.C. 1431(h)) is amended by striking
``301(d)'' and inserting ``301''.
(i) Amendments to the Small Business Act.--
(1) Powers of the administrator.--Section 5(b)(7) of the
Small Business Act (15 U.S.C. 634(b)(7)) is amended by
striking the colon and all that follows before the semicolon
at the end of the paragraph and inserting the following: ``:
Provided, That with respect to deferred participation loans,
the Administrator may, in the discretion of and pursuant to
regulations promulgated by the Administrator, authorize
participating lending institutions to take actions relating
to loan servicing on behalf of the Administrator, including
determining eligibility and creditworthiness and loan
monitoring, collection, and liquidation''.
(2) Authorization of appropriations.--Section 20(p)(3) of
the Small Business Act (15 U.S.C. 631 note) is amended by
striking subparagraph (B) and inserting the following:
``(B) $300,000,000 in guarantees of debentures; and''.
(j) Effective Date.--This section and the amendments made
by this section shall become effective on the date of
enactment of this Act.
DIVISION E
TITLE I--CALIFORNIA BAY-DELTA ENVIRONMENTAL ENHANCEMENT AND WATER
SECURITY ACT
Sec. 101. Short Title.
This title may be cited as the ``California Bay-Delta
Environmental Enhancement and Water Security Act.''
Sec. 102. Program Funding.
(a) Authorization of Appropriations.--For each of the
fiscal years 1998, 1999 and 2000, there are authorized to be
appropriated an additional $143,300,000 for both (1) the
initial Federal share of the cost of developing and
implementing that portion of an ecosystem protection plan for
the Bay-Delta, referred to as ``the Category III program''
emanating out of the document entitled ``Principles for
Agreement on Bay-Delta Standards Between the State of
California and the Federal Government,'' dated December 15,
1994, and, (2) the initial Federal share of the cost of
developing and implementing the ecosystem restoration
elements of the long-term CALFED Bay-Delta Program, pursuant
to the cost-sharing agreement required by Section 78684.10 of
California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996. Funds
appropriated pursuant to this section shall remain available
until expended and shall be administered in accordance with
procedures established by CALFED Bay-Delta Program until
Congress authorizes another entity that is recommended by
CALFED Bay-Delta Program to carry out this section.
(b) Funds authorized to be appropriated pursuant to this
section to those agencies that are currently or subsequently
become participants in the CALFED Bay-Delta Program shall be
in addition to the baseline funding levels established
pursuant to section 103 of this title, for currently
authorized projects and programs under the Central Valley
Project Improvement Act, Title 34 of Public Law 102-575 and
other currently authorized Federal programs for the purpose
of Bay-Delta ecosystem protection and restoration.
(c) Nothing in this title shall be deemed to diminish the
Federal interest in and responsibility for working with the
State of California through the CALFED Bay-Delta Program in
developing, funding and implementing a balanced, long-term
solution to the problems of ecosystem quality, water quality,
water supply and reliability, and system vulnerability
affecting the San Francisco Bay/Sacramento-San Joaquin Delta
Watershed in California. Participation in such long-term
solution shall only be undertaken pursuant to authorization
provided by law other than this title, and shall be based on
the equitable allocation of program costs among beneficiary
groups that the CALFED Bay-Delta programs shall develop.
(d) To the extent not otherwise authorized, those agencies
and departments that are currently or subsequently become
participants in the CALFED Bay-Delta Program are hereby
authorized to undertake the activities and programs for which
Federal cost sharing is provided by this section. The United
States shall immediately initiate coordinated consultations
and negotiations with the State of California to
expeditiously execute the cost-sharing agreement required by
Section 78684.10 of California Senate Bill 900, Chapter 135,
Statutes of 1996, signed by the Governor of California on
July 11, 1996. Such activities shall include, but not be
limited to, planning, design, technical assistance and
construction for ecosystem restoration programs and projects.
Sec. 103. Budget Crosscut.
The Office of Management and Budget is directed to submit
the House and Senate Committees on Appropriations, as part of
the President's Fiscal Year 1998 Budget, an interagency
budget crosscut that displays Federal spending for fiscal
years 1993 through 1998 on ecosystem restoration and other
purposes in the Bay-Delta region, separately showing funding
provided previously or requested under both pre-existing
authorities and new authorities granted by this title.
Sec. 104. Effective Date.
Section 102 of this title shall take effect on the date of
passage of California State Proposition 204.
This Act may be cited as the ``Omnibus Consolidated
Appropriations Act, 1997''
And amend the title to read as follows:
An Act making omnibus consolidated appropriations for the
fiscal year ending September 30, 1997, and for other
purposes.
And the Senate agree to the same.
Bill Young,
Joseph M. McDade,
Bob Livingston,
Jerry Lewis (except for chapter 6 of title V of division A),
Joe Skeen,
Dave Hobson,
Henry Bonilla,
George R. Nethercutt, Jr.,
Ernest Istook,
John P. Murtha,
Norm Dicks,
Charles Wilson,
W.G. Bill Hefner,
Martin Olav Sabo,
David Obey,
Managers on the Part of the House.
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Christopher S. Bond (except for chapter 6 of title V of
division A),
Mitch McConnell,
Connie Mack,
Richard C. Shelby,
Mark O. Hatfield,
Daniel K. Inouye (with reservation),
[[Page 2678]]
Fritz Hollings,
J. Bennett Johnson,
Robert Byrd,
Patrick J. Leahy,
Frank R. Lautenberg,
Managers on the Part of the Senate.
When said conference report was considered.
After debate,
By unanimous consent, the previous question was ordered on the
conference report to its adoption or rejection.
Mr. COLEMAN moved to recommit the conference report on H.R. 3610 to
the committee of conference.
By unanimous consent, the previous question on said motion was
ordered.
The question being put, viva voce,
Will the House recommit said conference report?
The SPEAKER pro tempore, Mr. DREIER, announced that the nays had it.
So the motion to recommit the conference report to the committee of
conference was not agreed to.
The question being put,
Will the House agree to said conference report?
The SPEAKER pro tempore, Mr. DREIER, announced that pursuant to clause
7 of rule XV the yeas and nays were ordered, and the call was taken by
electronic device.
Yeas
370
It was decided in the
Nays
37
<3-line {>
affirmative
Answered present
1
para.117.65 [Roll No. 455]
YEAS--370
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bryant (TX)
Bunn
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Castle
Chambliss
Chapman
Christensen
Chrysler
Clay
Clayton
Clement
Clinger
Clyburn
Collins (GA)
Collins (IL)
Combest
Condit
Costello
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Flanagan
Foglietta
Foley
Forbes
Ford
Fox
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hamilton
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayworth
Hefner
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Inglis
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Knollenberg
Kolbe
LaHood
Lantos
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Meehan
Meek
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roth
Roukema
Royce
Rush
Sabo
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schumer
Scott
Seastrand
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stenholm
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--37
Barcia
Barton
Becerra
Beilenson
Burr
Chabot
Chenoweth
Coble
Coburn
Coleman
Cooley
Cox
DeFazio
Duncan
Hall (TX)
Hefley
Hoekstra
Hyde
Istook
Jacobs
Kanjorski
Kaptur
Klink
Klug
Largent
Nadler
Neumann
Rohrabacher
Roybal-Allard
Salmon
Sanford
Scarborough
Schroeder
Sensenbrenner
Stearns
Stockman
Tiahrt
ANSWERED ``PRESENT''--1
Dornan
NOT VOTING--26
Baker (LA)
Berman
Blumenauer
Boucher
Cardin
Collins (MI)
Conyers
Dellums
Durbin
Filner
Flake
Fowler
Frank (MA)
Green (TX)
Hancock
Hayes
Heineman
LaFalce
Lincoln
Lipinski
Menendez
Myers
Quillen
Taylor (NC)
Waters
Waxman
So the conference report was agreed to.
A motion to reconsider the vote whereby said conference report was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.66 omnibus budget reconciliation
The SPEAKER announced that pursuant to a previous order of the House,
the bill (H.R. 4278) making omnibus consolidated appropriations for the
fiscal year ending September 30, 1997, and for other purposes, is
considered as passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.67 convening of 105th congress
Mr. ARMEY, by unanimous consent, submitted for consideration the joint
resolution (H.J. Res. 198) appointing the day for the convening of the
first session of the One Hundred Fifth Congress and the day for the
counting in Congress of the electoral votes for President and Vice
President cast in December 1996.
When said joint resolution was considered, read twice, ordered to be
engrossed and read a third time, was read a third time by title, and
passed.
A motion to reconsider the vote whereby said joint resolution was
passed was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
joint resolution.
para.117.68 adjournment sine die of the 104th congress, 2d session
Mr. ARMEY submitted for consideration the following privileged
concurrent resolution (H. Con. Res. 230):
Resolved by the House of Representatives (the Senate
concurring), That when the House adjourns on the legislative
day of Monday, September 30, 1996, or of Tuesday, October 1,
1996, on a motion offered pursuant to this concurrent
resolution by the Majority Leader, or his designee, it stand
adjourned sine die, or until noon on the second day after
Members are notified to reassemble pursuant to section 2 of
this concurrent resolution, and that when the Senate adjourns
on Monday, September 30, 1996, or Tuesday, October 1, 1996,
on a motion offered pursuant to this concurrent resolution by
the Majority Leader, or his designee, it stand adjourned sine
die, or until noon on the second day after Members are
notified to reassemble pursuant to section 2 of this
concurrent resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
[[Page 2679]]
When said concurrent resolution was considered and agreed to.
A motion to reconsider the vote whereby said concurrent resolution was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
concurrent resolution.
para.117.69 adjournment over
On motion of Mr. ARMEY, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet on
Monday, September 30, 1996, at 2 o'clock p.m.
para.117.70 designation of speaker pro tempore to sign enrollments
The SPEAKER laid before the House a communication, which was read as
follows:
Washington, DC,
September 28, 1996.
I hereby designate the Honorable Constance A. Morella or,
if not available to perform this duty, the Honorable Frank R.
Wolf to act as Speaker pro tempore to sign enrolled bills and
joint resolutions for the remainder of the second session of
the One Hundred Fourth Congress.
Newt Gingrich,
Speaker of the House of Representatives.
By unanimous consent, the designation was accepted.
para.117.71 veterans' health care
On motion of Mr. STUMP, by unanimous consent, the bill (H.R. 3118) to
amend title 38, United States Code, to reform eligibility for health
care provided by the Department of Veterans Affairs; together with the
following amendments of the Senate thereto, was taken from the Speaker's
table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans'
Health Care Eligibility Reform Act of 1996''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--ELIGIBILITY REFORM
Sec. 101. Eligibility for hospital care and medical services.
Sec. 102. Revision in authorities for provision of priority health care
for certain veterans exposed to specified toxic
substances.
Sec. 103. Prosthetics and preventive care.
Sec. 104. Management of health care.
Sec. 105. Authorization of appropriations.
Sec. 106. Assessment of implementation and operation.
TITLE II--CONSTRUCTION AUTHORIZATION
Sec. 201. Authorization of major medical facility projects.
Sec. 202. Authorization of major medical facility leases.
Sec. 203. Authorization of appropriations.
Sec. 204. Strategic planning.
Sec. 205. Revision to prospectus requirements.
Sec. 206. Construction authorization requirements.
Sec. 207. Terminology changes.
TITLE III--HEALTH CARE AND ADMINISTRATION
Subtitle A--Health Care Sharing and Administration
Sec. 301. Revision of authority to share medical facilities, equipment,
and information.
Sec. 302. Improved efficiency in health care resource management.
Sec. 303. Personnel furnishing shared resources.
Sec. 304. Waiting period for administrative reorganizations.
Sec. 305. Repeal of limitations on contracts for conversion of
performance of activities of Department health-care
facilities and revised annual reporting requirement.
Subtitle B--Care of Women Veterans
Sec. 321. Mammography quality standards.
Sec. 322. Patient privacy for women patients.
Sec. 323. Assessment of use by women veterans of Department health
services.
Sec. 324. Reporting requirements.
Subtitle C--Readjustment Counseling and Mental Health Care
Sec. 331. Expansion of eligibility for readjustment counseling and
certain related counseling services.
Sec. 332. Reports relating to Vet Centers.
Sec. 333. Advisory Committee on the Readjustment of Veterans.
Sec. 334. Centers for mental illness research, education, and clinical
activities.
Sec. 335. Committee on Care of Severely Chronically Mentally Ill
Veterans.
Subtitle D--Other Provisions
Sec. 341. Hospice care study.
Sec. 342. Payment to States of per diem for veterans receiving adult
day health care.
Sec. 343. Research corporations.
Sec. 344. Veterans Health Administration headquarters.
Sec. 345. Disbursement agreements relating to medical residents and
interns.
Sec. 346. Authority to suspend special pay agreements for physicians
and dentists who enter residency training programs.
Sec. 347. Remunerated outside professional activities by Veterans
Health Administration personnel.
Sec. 348. Modification of restrictions on real property, Milwaukee
County, Wisconsin.
Sec. 349. Modification of restrictions on real property, Cheyenne,
Wyoming.
Sec. 350. Name of Department of Veterans Affairs Medical Center,
Johnson City, Tennessee.
Sec. 351. Report on health care needs of veterans in east central
Florida.
Sec. 352. Evaluation of health status of spouses and children of
Persian Gulf War veterans.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to or repeal of a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--ELIGIBILITY REFORM
SEC. 101. ELIGIBILITY FOR HOSPITAL CARE AND MEDICAL SERVICES.
(a) New Criteria for Eligibility for Care.--Section 1710(a)
is amended to read as follows:
``(a)(1) The Secretary (subject to paragraph (4)) shall
furnish hospital care and medical services, and may furnish
nursing home care, which the Secretary determines to be
needed--
``(A) to any veteran for a service-connected disability;
and
``(B) to any veteran who has a service-connected disability
rated at 50 percent or more.
``(2) The Secretary (subject to paragraph (4)) shall
furnish hospital care and medical services, and may furnish
nursing home care, which the Secretary determines to be
needed to any veteran--
``(A) who has a compensable service-connected disability
rated less than 50 percent;
``(B) whose discharge or release from active military,
naval, or air service was for a compensable disability that
was incurred or aggravated in the line of duty;
``(C) who is in receipt of, or who, but for a suspension
pursuant to section 1151 of this title (or both a suspension
and the receipt of retired pay), would be entitled to
disability compensation, but only to the extent that such
veteran's continuing eligibility for such care is provided
for in the judgment or settlement provided for in such
section;
``(D) who is a former prisoner of war;
``(E) who is a veteran of the Mexican border period or of
World War I;
``(F) who was exposed to a toxic substance, radiation, or
environmental hazard, as provided in subsection (e); or
``(G) who is unable to defray the expenses of necessary
care as determined under section 1722(a) of this title.
``(3) In the case of a veteran who is not described in
paragraphs (1) and (2), the Secretary may, to the extent
resources and facilities are available and subject to the
provisions of subsections (f) and (g), furnish hospital care,
medical services, and nursing home care which the Secretary
determines to be needed.
``(4) The requirement in paragraphs (1) and (2) that the
Secretary furnish hospital care and medical services shall be
effective in any fiscal year only to the extent and in the
amount provided in advance in appropriations Acts for such
purposes.''.
(b) Transfer of Provision.--Chapter 17 is amended--
(1) by redesignating subsection (g) of section 1710 as
subsection (h); and
(2) by transferring subsection (f) of section 1712 to
section 1710 and inserting such subsection so as to appear
after subsection (f), redesignating such subsection as
subsection (g), and amending such subsection by striking out
``section 1710(a)(2) of this title'' in paragraph (1) and
inserting in lieu thereof ``subsection (a)(3) of this
section''.
(c) Repeal of Separate Outpatient Care Priorities.--(1)
Section 1712 is amended--
(A) by striking out subsections (a) and (i);
(B) by redesignating subsections (b), (c), (d), (h) and
(j), as subsections (a), (b), (c), (d), and (e),
respectively; and
(C) in subsection (b), as so redesignated, by striking out
``subsection (b) of this section'' and inserting in lieu
thereof ``subsection (a)''.
(2)(A) The heading of such section is amended to read as
follows:
``Sec. 1712. Dental care; drugs and medicines for certain
disabled veterans; vaccines''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 17 is amended to read as
follows:
``1712. Dental care; drugs and medicines for certain disabled veterans;
vaccines.''.
(d) Conforming Amendments to Chapter 17.--Chapter 17 is
further amended as follows:
(1) Section 1701(6)(B)(i) is amended--
[[Page 2680]]
(A) in subclause (I), by striking out ``section 1712(a)''
and inserting in lieu thereof ``paragraph (1) or (2) of
section 1710(a)''; and
(B) in subclause (II), by striking out ``section
1712(a)(5)(B)'' and inserting in lieu thereof ``paragraph
(1), (2) or (3) of section 1710(a)''.
(2) Section 1710(c)(1) is amended by striking out ``section
1712(b)'' and inserting in lieu thereof ``section 1712(a)''.
(3) Section 1710(e)(1)(C) is amended by striking out
``hospital care and nursing home care under subsection
(a)(1)(G) of this section'' and inserting in lieu thereof
``hospital care, medical services, and nursing home care
under subsection (a)(2)(F)''.
(4) Section 1710(f) is amended--
(A) in paragraph (1), by striking out ``subsection (a)(2)''
and inserting in lieu thereof ``subsection (a)(3)''; and
(B) in paragraph (3)(E)--
(i) by striking out ``section 1712(a) of this title'' and
inserting in lieu thereof ``paragraph (3) of subsection
(a)''; and
(ii) by striking out ``section 1712(f) of this title'' and
inserting in lieu thereof ``subsection (g)''; and
(C) in paragraph (3)(F), by striking out ``section 1712(f)
of this title'' and inserting in lieu thereof ``subsection
(g)''.
(5) Section 1712A is amended--
(A) in subsection (b)(1), by striking out ``under the
conditions specified in section 1712(a)(5)(B) of this
title''; and
(B) in subsection (e)(1), by striking out ``sections
1712(a)(1)(B) and 1703(a)(2)'' and inserting in lieu thereof
``sections 1703(a)(2) and 1710(a)(1)(B)''.
(6) Section 1717(a) is amended--
(A) in paragraph (1), by striking out ``section 1712(a)''
and inserting in lieu thereof ``section 1710(a)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking out ``paragraph (1) of
section 1712(a) of this title'' and inserting in lieu thereof
``section 1710(a)(1) of this title, or for a disability
described in section 1710(a)(2)(C) of this title''; and
(ii) in subparagraph (B), by striking out ``section 1712''
and inserting in lieu thereof ``section 1710(a)(2)''.
(7) Section 1718(e) is amended by striking out ``section
1712(i)'' and inserting in lieu thereof ``section 1705''.
(8) Section 1720(f) is amended--
(A) in paragraph (1)(A)(ii), by striking out ``section
1712(a)(1)(B)'' and inserting in lieu thereof ``paragraph
(1), (2), or (3) of section 1710(a)''; and
(B) by striking out paragraph (3).
(9) Section 1722 is amended--
(A) in subsection (a), by striking out ``section
1710(a)(1)(I)'' and inserting in lieu thereof ``section
1710(a)(2)(G)''; and
(B) in subsection (f)(3), by striking out ``or 1712(f)''.
(10) Section 1729(g)(3)(A) is amended by striking out
``under section 1710(f) of this title for hospital care or
nursing home care, under section 1712(f) of this title for
medical services,'' and inserting in lieu thereof ``under
subsection (f) or (g) of section 1710 of this title for
hospital care, medical services, or nursing home care''.
(e) Other Conforming and Technical Amendments.--
(1) Section 1525 is amended--
(A) in subsection (a), by striking out ``section 1712(h) of
this title'' and all that follows through the period at the
end and inserting in lieu thereof ``section 1712(d) of this
title.''; and
(B) in subsection (b), by striking out ``renumeration'' and
inserting in lieu thereof ``remuneration''.
(2) Section 2104(b) is amended--
(A) in the first sentence, by striking out ``section
1712(a)'' and inserting in lieu thereof ``section
1717(a)(2)''; and
(B) in the second sentence, by striking out ``section
1712(a)'' and inserting in lieu thereof ``section
1717(a)(2)''.
(3) Section 5317(c)(3) is amended by striking out
``sections 1710(a)(1)(I), 1710(a)(2), 1710(b), and
1712(a)(2)(B)'' and inserting in lieu thereof ``subsections
(a)(2)(G), (a)(3), and (b) of section 1710''.
(4) Section 8110(a)(2) is amended by striking out ``section
1712'' and inserting in lieu thereof ``section 1710(a)''.
(5) Section 8111A(b)(2)(A) is amended by striking out
``subsection (f) of section 1712'' and inserting in lieu
thereof ``subsection (a) of section 1710''.
SEC. 102. REVISION IN AUTHORITIES FOR PROVISION OF PRIORITY
HEALTH CARE FOR CERTAIN VETERANS EXPOSED TO
SPECIFIED TOXIC SUBSTANCES.
(a) Authorized Inpatient Care.--Section 1710(e) is
amended--
(1) in paragraph (1), by striking out subparagraphs (A) and
(B) and inserting in lieu thereof the following:
``(A) A Vietnam-era herbicide-exposed veteran is eligible
(subject to paragraph (2)) for hospital care, medical
services, and nursing home care under subsection (a)(2)(F)
for any disability, notwithstanding that there is
insufficient medical evidence to conclude that such
disability may be associated with such exposure.
``(B) A radiation-exposed veteran is eligible for hospital
care, medical services, and nursing home care under
subsection (a)(2)(F) for any disease suffered by the veteran
that is--
``(i) a disease listed in section 1112(c)(2) of this title;
or
``(ii) any other disease for which the Secretary, based on
the advice of the Advisory Committee on Environmental
Hazards, determines that there is credible evidence of a
positive association between occurrence of the disease in
humans and exposure to ionizing radiation.''; and
(2) by striking out paragraphs (2) and (3) and inserting in
lieu thereof the following:
``(2)(A) In the case of a veteran described in paragraph
(1)(A), hospital care, medical services, and nursing home
care may not be provided under subsection (a)(2)(F) with
respect to--
``(i) a disability that is found, in accordance with
guidelines issued by the Under Secretary for Health, to have
resulted from a cause other than an exposure described in
paragraph (4)(A)(ii); or
``(ii) a disease for which the National Academy of
Sciences, in a report issued in accordance with section 2 of
the Agent Orange Act of 1991, has determined that there is
limited or suggestive evidence of the lack of a positive
association between occurrence of the disease in humans and
exposure to a herbicide agent.
``(B) In the case of a veteran described in paragraph
(1)(C), hospital care, medical services, and nursing home
care may not be provided under subsection (a)(2)(F) with
respect to a disability that is found, in accordance with
guidelines issued by the Under Secretary for Health, to have
resulted from a cause other than an exposure described in
that paragraph.
``(3) Hospital care, medical services, and nursing home
care may not be provided under or by virtue of subsection
(a)(2)(F)--
``(A) in the case of care for a veteran described in
paragraph (1)(A), after December 31, 2002; and
``(B) in the case of care for a veteran described in
paragraph (1)(C), after December 31, 1998.
``(4) For purposes of this subsection--
``(A) The term `Vietnam-era herbicide-exposed veteran'
means a veteran (i) who served on active duty in the Republic
of Vietnam during the Vietnam era, and (ii) who the Secretary
finds may have been exposed during such service to dioxin or
was exposed during such service to a toxic substance found in
a herbicide or defoliant used for military purposes during
such era.
``(B) The term `radiation-exposed veteran' has the meaning
given that term in section 1112(c)(3) of this title.''.
(b) Savings Provisions.--The provisions of sections 1710(e)
and 1712(a) of title 38, United States Code, as in effect on
the day before the date of the enactment of this Act, shall
continue to apply on and after such date with respect to the
furnishing of hospital care, nursing home care, and medical
services for any veteran who was furnished such care or
services before such date of enactment on the basis of
presumed exposure to a substance or radiation under the
authority of those provisions, but only for treatment for a
disability for which such care or services were furnished
before such date.
SEC. 103. PROSTHETICS AND PREVENTIVE CARE.
(a) Eligibility.--Section 1701(6)(A)(i) is amended--
(1) by striking out ``(in the case of a person otherwise
receiving care or services under this chapter)'' and
``(except under the conditions described in section
1712(a)(5)(A) of this title),'';
(2) by inserting ``(in the case of a person otherwise
receiving care or services under this chapter)'' before
``wheelchairs,''; and
(3) by inserting ``except that the Secretary may not
furnish sensori-neural aids other than in accordance with
guidelines which the Secretary shall prescribe,'' after
``reasonable and necessary,''.
(b) Regulations.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall prescribe the guidelines required by the amendments
made by subsection (a) and shall furnish a copy of those
guidelines to the Committees on Veterans' Affairs of the
Senate and House of Representatives.
SEC. 104. MANAGEMENT OF HEALTH CARE.
(a) In General.--(1) Chapter 17 is amended by inserting
after section 1704 the following new sections:
``Sec. 1705. Management of health care: patient enrollment
system
``(a) In managing the provision of hospital care and
medical services under section 1710(a) of this title, the
Secretary, in accordance with regulations the Secretary shall
prescribe, shall establish and operate a system of annual
patient enrollment. The Secretary shall manage the enrollment
of veterans in accordance with the following priorities, in
the order listed:
``(1) Veterans with service-connected disabilities rated 50
percent or greater.
``(2) Veterans with service-connected disabilities rated 30
percent or 40 percent.
``(3) Veterans who are former prisoners of war, veterans
with service-connected disabilities rated 10 percent or 20
percent, and veterans described in subparagraphs (B) and (C)
of section 1710(a)(2) of this title.
``(4) Veterans who are in receipt of increased pension
based on a need of regular aid and attendance or by reason of
being permanently housebound and other veterans who are
catastrophically disabled.
``(5) Veterans not covered by paragraphs (1) through (4)
who are unable to defray the expenses of necessary care as
determined under section 1722(a) of this title.
``(6) All other veterans eligible for hospital care,
medical services, and nursing home care under section
1710(a)(2) of this title.
(7) Veterans described in section 1710(a)(3) of this title.
``(b) In the design of an enrollment system under
subsection (a), the Secretary--
[[Page 2681]]
``(1) shall ensure that the system will be managed in a
manner to ensure that the provision of care to enrollees is
timely and acceptable in quality;
``(2) may establish additional priorities within each
priority group specified in subsection (a), as the Secretary
determines necessary; and
``(3) may provide for exceptions to the specified
priorities where dictated by compelling medical reasons.
``(c)(1) Effective on October 1, 1998, the Secretary may
not provide hospital care or medical services to a veteran
under paragraph (2) or (3) of section 1710(a) of this title
unless the veteran enrolls in the system of patient
enrollment established by the Secretary under subsection (a).
``(2) The Secretary shall provide hospital care and medical
services under section 1710(a)(1) of this title, and under
subparagraph (B) of section 1710(a)(2) of this title, for the
12-month period following such veteran's discharge or release
from service, to any veteran referred to in such sections for
a disability specified in the applicable subparagraph of such
section, notwithstanding the failure of the veteran to enroll
in the system of patient enrollment referred to in subsection
(a) of this section.
``Sec. 1706. Management of health care: other requirements
``(a) In managing the provision of hospital care and
medical services under section 1710(a) of this title, the
Secretary shall, to the extent feasible, design, establish
and manage health care programs in such a manner as to
promote cost-effective delivery of health care services in
the most clinically appropriate setting.
``(b)(1) In managing the provision of hospital care and
medical services under such section, the Secretary shall
ensure that the Department maintains its capacity to provide
for the specialized treatment and rehabilitative needs of
disabled veterans (including veterans with spinal cord
dysfunction, blindness, amputations, and mental illness)
within distinct programs or facilities of the Department that
are dedicated to the specialized needs of those veterans in a
manner that (A) affords those veterans reasonable access to
care and services for those specialized needs, and (B)
ensures that overall capacity of the Department to provide
such services is not reduced below the capacity of the
Department, nationwide, to provide those services, as of the
date of the enactment of this section. The Secretary shall
carry out this paragraph in consultation with the Advisory
Committee on Prosthetics and Special Disabilities Programs
and the Committee on Care of Severely Chronically Mentally
Ill Veterans.
``(2) Not later than April 1, 1997, April 1, 1998, and
April 1, 1999, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the Secretary's compliance, by
facility and by service-network, with the requirements of
this subsection.''.
(2) The table of sections at the beginning of chapter 17 is
amended by inserting after the item relating to section 1704
the following new items:
``1705. Management of health care: patient enrollment system.
``1706. Management of health care: other requirements.''.
(b) Conforming Amendments to Section 1703.--Section 1703(a)
is amended--
(1) in the matter preceding paragraph (1), by striking out
``or 1712'';
(2) in paragraph (2)--
(A) by striking out ``1712(a)(1)(B)'' in subparagraph (A)
and inserting in lieu thereof ``1710(a)(1)(B)'';
(B) by striking out subparagraph (B) and inserting in lieu
thereof the following:
``(B) a veteran who (i) has been furnished hospital care,
nursing home care, domiciliary care, or medical services, and
(ii) requires medical services to complete treatment incident
to such care or services; or''; and
(C) by striking ``section 1712(a)(3) (other than a veteran
who is a former prisoner of war) of this title'' in
subparagraph (C) and inserting in lieu thereof ``section
1710(a)(2)(E) of this title, or a veteran who is in receipt
of increased pension, or additional compensation or
allowances based on the need of regular aid and attendance or
by reason of being permanently housebound (or who, but for
the receipt of retired pay, would be in receipt of such
pension, compensation, or allowance),''; and
(3) in paragraph (7), by striking out ``1712(b)(1)(F)'' and
inserting in lieu thereof ``1712(a)(1)(F)''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Department
of Veterans Affairs for the Medical Care account, for the
purposes specified for that account in Public Law 103-327
(108 Stat. 2300), including the cost of providing hospital
care and medical services under the amendments made by
section this title, not to exceed $17,250,000,000 for fiscal
year 1997 and not to exceed $17,900,000,000 for fiscal year
1998.
SEC. 106. ASSESSMENT OF IMPLEMENTATION AND OPERATION.
(a) Assessment Systems.--The Secretary of Veterans Affairs
shall establish information systems to assess the experience
of the Department of Veterans Affairs in implementing
sections 101, 103, and 104, including the amendments made by
those sections, during fiscal year 1997. The Secretary shall
establish those information systems in time to include
assessments under such systems in the report required under
subsection (b).
(b) Report.--Not later than March 1, 1998, the Secretary
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report reflecting the
experience of the Department during fiscal year 1997 on--
(1) the effect of implementation of, and provision and
management of care under, sections 101, 103, and 104
(including the amendments made by those sections) on demand
for health care services from the Department of Veterans
Affairs by veterans described in paragraphs (1), (2), and (3)
of section 1710(a) of title 38, United States Code, as
amended by section 101;
(2) any differing patterns of demand on the part of such
veterans relating to such factors as relative distance from
Department facilities and prior experience, or lack of
experience, as recipients of care from the Department;
(3) the extent to which the Department has met such demand
for care; and
(4) changes in health-care delivery patterns in Department
facilities and the fiscal impact of such changes.
(c) Matters To Be Included.--The report under subsection
(b) shall include detailed information with respect to fiscal
year 1997 regarding the following:
(1) The number of veterans enrolled for care at each
Department medical facility and, of such veterans, the number
enrolled at each such facility who had not received care from
the Department during the preceding three fiscal years.
(2) With respect to the veterans who had not received care
from the Department during the three preceding fiscal years,
the total cost of providing care to such veterans, shown in
total and separately (A) by level of care, and (B) by
reference to whether care was furnished in Department
facilities or under contract arrangements.
(3) With respect to the number of veterans described in
paragraphs (1), (2), and (3) of section 1710(a) of title 38,
United States Code, as amended by section 101, who applied
for health care from the Department during fiscal year 1997--
(A) the number who applied for care (shown in total and
separately by facility);
(B) the number who were denied enrollment (shown in total
and separately by facility); and
(C) the number who were denied care which was considered to
be medically necessary but not of an emergency nature (shown
in total and separately by facility).
(4) The numbers and characteristics of, and the type and
extent of health care furnished to, veterans enrolled for
care (shown in total and separately by facility).
(5) The numbers and characteristics of, and the type and
extent of health care furnished to, veterans not enrolled for
care (shown separately by reference to each class of
eligibility, both in total and separately by facility).
(6) The specific fiscal impact (shown in total and by
geographic health-care delivery areas) of changes in delivery
patterns instituted under the amendments made by this title.
TITLE II--CONSTRUCTION AUTHORIZATION
SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) Ambulatory Care Addition Projects.--The Secretary of
Veterans Affairs may carry out the following ambulatory care
addition major medical facility projects, with each project
to be carried out in the amount specified for that project:
(1) Construction of an ambulatory care facility and
renovation of ``E'' wing, Tripler Army Hospital, Honolulu,
Hawaii, $43,000,000.
(2) Addition of ambulatory care facilities at the
Department of Veterans Affairs medical center in Brockton,
Massachusetts, $13,500,000.
(3) Addition of ambulatory care facilities for outpatient
improvements at the Department of Veterans Affairs medical
center in Shreveport, Louisiana, $25,000,000.
(4) Addition of ambulatory care facilities at the
Department of Veterans Affairs medical center in Lyons, New
Jersey, $21,100,000.
(5) Addition of ambulatory care facilities at the
Department of Veterans Affairs medical center in Tomah,
Wisconsin, $12,700,000.
(6) Addition of ambulatory care facilities at the
Department of Veterans Affairs medical center in Asheville,
North Carolina, $26,300,000.
(7) Addition of ambulatory care facilities at the
Department of Veterans Affairs medical center in Temple,
Texas, $9,800,000.
(8) Addition of ambulatory care facilities at the
Department of Veterans Affairs medical center in Tucson,
Arizona, $35,500,000.
(9) Construction of an ambulatory care facility at the
Department of Veterans Affairs medical center in Leavenworth,
Kansas, $27,750,000.
(b) Environmental Improvement Projects.--The Secretary may
carry out the following environmental improvement major
medical facility projects, with each project to be carried
out in the amount specified for that project:
(1) Environmental improvements for the renovation of
nursing home facilities at the Department of Veterans Affairs
medical center in Lebanon, Pennsylvania, $9,500,000.
(2) Environmental improvements at the Department of
Veterans Affairs medical center in Marion, Illinois,
$11,500,000.
(3) Environmental improvements for ward renovation for
patient privacy at the Department of Veterans Affairs medical
center in Omaha, Nebraska, $7,700,000.
[[Page 2682]]
(4) Environmental improvements at the Department of
Veterans Affairs medical center in Pittsburgh, Pennsylvania,
$17,400,000.
(5) Environmental improvements for the renovation of
various buildings at the Department of Veterans Affairs
medical center in Waco, Texas, $26,000,000.
(6) Environmental improvements for the replacement of
psychiatric beds at the Department of Veterans Affairs
medical center in Marion, Indiana, $17,300,000.
(7) Environmental improvements for the renovation of
psychiatric wards at the Department of Veterans Affairs
medical center in Perry Point, Maryland, $15,100,000.
(8) Environmental enhancement at the Department of Veterans
Affairs medical center in Salisbury, North Carolina,
$18,200,000.
(c) Seismic Correction Project.--The Secretary may carry
out seismic corrections to Building Number 324 at the
Department of Veterans Affairs medical center in Palo Alto,
California, in the amount of $20,800,000.
(d) Project Authorization When Partial Funding Provided.--
If the amount of funds appropriated for fiscal year 1997 or
1998 for design and partial construction of a major medical
facility project that is authorized in this section is less
than the amount required to complete the construction of that
project as authorized and if the Secretary obligates funds
for such construction, such project shall be deemed to be
fully authorized. Any such authorization shall cease to have
effect at the close of fiscal year 2001.
SEC. 202. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for
medical facilities as follows:
(1) Lease of a satellite outpatient clinic in Allentown,
Pennsylvania, in an amount not to exceed $2,159,000.
(2) Lease of a satellite outpatient clinic in Beaumont,
Texas, in an amount not to exceed $1,940,000.
(3) Lease of a satellite outpatient clinic in Boston,
Massachusetts, in an amount not to exceed $2,358,000.
(4) Lease of a parking facility in Cleveland, Ohio, in an
amount not to exceed $1,300,000.
(5) Lease of a satellite outpatient clinic and Veterans
Benefits Administration field office in San Antonio, Texas,
in an amount not to exceed $2,256,000.
(6) Lease of a satellite outpatient clinic in Toledo, Ohio,
in an amount not to exceed $2,223,000.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 1997 and
fiscal year 1998--
(1) for the Construction, Major Projects, account, a total
of $358,150,000 for the projects authorized in section 201;
and
(2) for the Medical Care account, a total of $12,236,000
for the leases authorized in section 202.
(b) Limitation.--The projects authorized in section 201 may
only be carried out using--
(1) funds appropriated for fiscal year 1997 or fiscal year
1998 consistent with the authorization of appropriations in
subsection (a);
(2) funds appropriated for Construction, Major Projects for
a fiscal year before fiscal year 1997 that remain available
for obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1997 or fiscal year 1998 for a category of
activity not specific to a project.
SEC. 204. STRATEGIC PLANNING.
Section 8107 is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking out subsection (a) and inserting in lieu
thereof the following new subsections:
``(a) In order to promote effective planning for the
efficient provision of care to eligible veterans, the
Secretary, based on the analysis and recommendations of the
Under Secretary for Health, shall submit to each committee an
annual report regarding long-range health planning of the
Department. The report shall be submitted each year not later
than the date on which the budget for the next fiscal year is
submitted to the Congress under section 1105 of title 31.
``(b) Each report under subsection (a) shall include the
following:
``(1) A five-year strategic plan for the provision of care
under chapter 17 of this title to eligible veterans through
coordinated networks of medical facilities operating within
prescribed geographic service-delivery areas, such plan to
include provision of services for the specialized treatment
and rehabilitative needs of disabled veterans (including
veterans with spinal cord dysfunction, blindness,
amputations, and mental illness) through distinct programs or
facilities of the Department dedicated to the specialized
needs of those veterans.
``(2) A description of how planning for the networks will
be coordinated.
``(3) A profile regarding each such network of medical
facilities which identifies--
``(A) the mission of each existing or proposed medical
facility in the network;
``(B) any planned change in the mission for any such
facility and the rationale for such planned change;
``(C) the population of veterans to be served by the
network and anticipated changes over a five-year period and a
ten-year period, respectively, in that population and in the
health-care needs of that population;
``(D) information relevant to assessing progress toward the
goal of achieving relative equivalency in the level of
resources per patient distributed to each network, such
information to include the plans for and progress toward
lowering the cost of care-delivery in the network (by means
such as changes in the mix in the network of physicians,
nurses, physician assistants, and advance practice nurses);
``(E) the capacity of non-Federal facilities in the network
to provide acute, long-term, and specialized treatment and
rehabilitative services (described in section 7305 of this
title), and determinations regarding the extent to which
services to be provided in each service-delivery area and
each facility in such area should be provided directly
through facilities of the Department or through contract or
other arrangements, including arrangements authorized under
sections 8111 and 8153 of this title; and
``(F) a five-year plan for construction, replacement, or
alteration projects in support of the approved mission of
each facility in the network and a description of how those
projects will improve access to care, or quality of care, for
patients served in the network.
``(4) A status report for each facility on progress
toward--
``(A) instituting planned mission changes identified under
paragraph (3)(B);
``(B) implementing principles of managed care of eligible
veterans; and
``(C) developing and instituting cost-effective
alternatives to provision of institutional care.''; and
(3) by adding at the end the following new subsection:
``(d)(1) The Secretary shall submit to each committee, not
later than January 31 of each year, a report showing the
current priorities of the Department for proposed major
medical construction projects. Each such report shall
identify the 20 projects, from within all the projects in the
Department's inventory of proposed projects, that have the
highest priority and, for those 20 projects, the relative
priority and rank scoring of each such project and the
projected cost of such project (including the projected
operating costs, including both recurring and nonrecurring
costs). The 20 projects shall be compiled, and their relative
rankings shall be shown, by category of project (including
the categories of ambulatory care projects, nursing home care
projects, and such other categories as the Secretary
determines).
``(2) The Secretary shall include in each report, for each
project listed, a description of the specific factors that
account for the relative ranking of that project in relation
to other projects within the same category.
``(3) In a case in which the relative ranking of a proposed
project has changed since the last report under this
subsection was submitted, the Secretary shall also include in
the report a description of the reasons for the change in the
ranking, including an explanation of any change in the
scoring of the project under the Department's scoring system
for proposed major medical construction projects.''.
SEC. 205. REVISION TO PROSPECTUS REQUIREMENTS.
(a) Additional Information.--Section 8104(b) is amended--
(1) by striking out the matter preceding paragraph (1) and
inserting in lieu thereof the following:
``(b) Whenever the President or the Secretary submit to the
Congress a request for the funding of a major medical
facility project (as defined in subsection (a)(3)(A)) or a
major medical facility lease (as defined in subsection
(a)(3)(B)), the Secretary shall submit to each committee, on
the same day, a prospectus of the proposed medical facility.
Any such prospectus shall include the following:'';
(2) in paragraph (1)--
(A) by striking out ``a detailed'' and inserting in lieu
thereof ``A detailed''; and
(B) by striking out the semicolon at the end and inserting
in lieu thereof a period;
(3) in paragraph (2)--
(A) by striking out ``an estimate'' and inserting in lieu
thereof ``An estimate''; and
(B) by striking out ``; and'' and inserting in lieu thereof
a period;
(4) in paragraph (3), by striking out ``an estimate'' and
inserting in lieu thereof ``An estimate''; and
(5) by adding at the end the following new paragraphs:
``(4) Demographic data applicable to such facility,
including information on projected changes in the population
of veterans to be served by the facility over a five-year
period and a ten-year period.
``(5) Current and projected workload and utilization data
regarding the facility.
``(6) Current and projected operating costs of the
facility, including both recurring and non-recurring costs.
``(7) The priority score assigned to the project or lease
under the Department's prioritization methodology and, if the
project or lease is being proposed for funding before a
project or lease with a higher score, a specific explanation
of the factors other than the priority score that were
considered and the basis on which the project or lease is
proposed for funding ahead of projects or leases with higher
priority scores.
``(8) In the case of a prospectus proposing the
construction of a new or replacement medical facility, a
description of each alternative to construction of the
facility that was considered.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to
[[Page 2683]]
any prospectus submitted by the Secretary of Veterans Affairs
after the date of the enactment of this Act.
SEC. 206. CONSTRUCTION AUTHORIZATION REQUIREMENTS.
(a) Definition of Major Medical Facility Project.--
Paragraph (3)(A) of section 8104(a) is amended by striking
out ``$3,000,000'' and inserting in lieu thereof
``$4,000,000''.
(b) Applicability of Construction Authorization
Requirement.--(1) Subsection (b) of section 301 of the
Veterans' Medical Programs Amendments of 1992 (Public Law
102-405; 106 Stat. 1984) is repealed.
(2) The amendments made by subsection (a) of such section
shall apply with respect to any major medical facility
project or any major medical facility lease of the Department
of Veterans Affairs, regardless of when funds are first
appropriated for that project or lease, except that in the
case of a project for which funds were first appropriated
before October 9, 1992, such amendments shall not apply with
respect to amounts appropriated for that project for a fiscal
year before fiscal year 1998.
(c) Limitation on Obligations for Advance Planning.--
Section 8104 is amended by adding at the end the following
new subsection:
``(f) The Secretary may not obligate funds in an amount in
excess of $500,000 from the Advance Planning Fund of the
Department toward design or development of a major medical
facility project (as defined in subsection (a)(3)(A)) until--
``(1) the Secretary submits to the committees a report on
the proposed obligation; and
``(2) a period of 30 days has passed after the date on
which the report is received by the committees.''.
SEC. 207. TERMINOLOGY CHANGES.
(a) Definition of ``Construct''.--Section 8101(2) is
amended--
(1) by striking out ``working drawings'' and inserting in
lieu thereof ``construction documents''; and
(2) by striking out ``preliminary plans'' and inserting in
lieu thereof ``design development''.
(b) Parking Facilities.--Section 8109(h)(3)(B) is amended
by striking out ``working drawings'' and inserting in lieu
thereof ``construction documents''.
TITLE III--HEALTH CARE AND ADMINISTRATION
Subtitle A--Health Care Sharing and Administration
SEC. 301. REVISION OF AUTHORITY TO SHARE MEDICAL FACILITIES,
EQUIPMENT, AND INFORMATION.
(a) Statement of Purpose.--The text of section 8151 is
amended to read as follows:
``It is the purpose of this subchapter to strengthen the
medical programs at Department facilities and improve the
quality of health care provided veterans under this title by
authorizing the Secretary to enter into agreements with
health-care providers in order to share health-care resources
with, and receive health-care resources from, such providers
while ensuring no diminution of services to veterans.''.
(b) Definitions.--Section 8152 is amended--
(1) by striking out paragraphs (1), (2), and (3) and
inserting in lieu thereof the following new paragraphs (1)
and (2):
``(1) The term `health-care resource' includes hospital
care and medical services (as those terms are defined in
section 1701 of this title), any other health-care service,
and any health-care support or administrative resource.
``(2) The term `health-care providers' includes health-care
plans and insurers and any organizations, institutions, or
other entities or individuals who furnish health-care
resources.''; and
(2) by redesignating paragraph (4) as paragraph (3).
(c) Authority To Secure Health-Care Resources.--Section
8153 is amended as follows:
(1) Subsection (a) is amended--
(A) in paragraph (1)--
(i) by striking out ``certain specialized medical
resources'' and inserting in lieu thereof ``health-care
resources'';
(ii) by striking out ``other medical resources'' and
inserting in lieu thereof ``other health-care resources'';
and
(iii) by striking out ``of--'' and all that follows through
``section 1742(a) of this title'' and inserting in lieu
thereof ``of health-care resources between Department health-
care facilities and any health-care provider, or other entity
or individual'';
(B) in paragraph (2), by striking out ``only'' and all that
follows through ``are not'' and inserting in lieu thereof
``if such resources are not, or would not be,''; and
(C) by adding at the end the following:
``(3)(A) If the health-care resource required is a
commercial service, the use of medical equipment or space, or
research, and is to be acquired from an institution
affiliated with the Department in accordance with section
7302 of this title, including medical practice groups and
other entities associated with affiliated institutions, blood
banks, organ banks, or research centers, the Secretary may
make arrangements for acquisition of the resource without
regard to any law or regulation that would otherwise require
the use of competitive procedures for acquiring the resource.
``(B)(i) If the health-care resource required is a
commercial service or the use of medical equipment or space,
and is not to be acquired from an entity described in
subparagraph (A), any procurement of the resource may be
conducted without regard to any law or regulation that would
otherwise require the use of competitive procedures for
procuring the resource, but only if the procurement is
conducted in accordance with the simplified procedures
prescribed pursuant to clause (ii).
``(ii) The Secretary, in consultation with the
Administrator for Federal Procurement Policy, may prescribe
simplified procedures for the procurement of health-care
resources under this subparagraph. The Secretary shall
publish such procedures for public comment in accordance with
section 22 of the Office of Federal Procurement Policy Act
(41 U.S.C. 418b). Such procedures shall permit all
responsible sources to submit a bid, proposal, or quotation
(as appropriate) for the resources to be procured and provide
for the consideration by the Department of bids, proposals,
or quotations so submitted.
``(iii) Pending publication of the procedures under clause
(ii), the Secretary shall (except as provided under
subparagraph (A)) procure health-care resources referred to
in clause (i) in accordance with all procurement laws and
regulations.
``(C) Any procurement of health-care resources other than
those covered by subparagraph (A) or (B) shall be conducted
in accordance with all procurement laws and regulations.
``(D) For any procurement to be conducted on a sole source
basis other than a procurement covered by subparagraph (A), a
written justification shall be prepared that includes the
information and is approved at the levels prescribed in
section 303(f) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(f)).
``(E) As used in this paragraph, the term `commercial
service' means a service that is offered and sold
competitively in the commercial marketplace, is performed
under standard commercial terms and conditions, and is
procured using firm-fixed price contracts.''.
(2) Subsection (b) is amended by striking out ``reciprocal
reimbursement'' in the first sentence and all that follows
through the period at the end of that sentence and inserting
in lieu thereof ``payment to the Department in accordance
with procedures that provide appropriate flexibility to
negotiate payment which is in the best interest of the
Government.''.
(3) Subsection (d) is amended by striking out ``preclude
such payment, in accordance with--'' and all that follows
through ``to such facility therefor'' and inserting in lieu
thereof ``preclude such payment to such facility for such
care or services''.
(4) Such section is further amended--
(A) by redesignating subsection (e) as subsection (g); and
(B) by inserting after subsection (d) the following new
subsections:
``(e) The Secretary may make an arrangement that authorizes
the furnishing of services by the Secretary under this
section to individuals who are not veterans only if the
Secretary determines--
``(1) that veterans will receive priority under such an
arrangement; and
``(2) that such an arrangement--
``(A) is necessary to maintain an acceptable level and
quality of service to veterans at that facility; or
``(B) will result in the improvement of services to
eligible veterans at that facility.
``(f) Any amount received by the Secretary from a non-
Federal entity as payment for services provided by the
Secretary during a prior fiscal year under an agreement
entered into under this section may be obligated by the
Secretary during the fiscal year in which the Secretary
receives the payment.''.
(d) Clerical Amendments.--(1) The heading of section 8153
is amended to read as follows:
``Sec. 8153. Sharing of health-care resources''.
(2) The item relating to section 8153 in the table of
sections at the beginning of chapter 81 is amended to read as
follows:
``8153. Sharing of health-care resources.''.
SEC. 302. IMPROVED EFFICIENCY IN HEALTH CARE RESOURCE
MANAGEMENT.
(a) Temporary Expansion of Authority for Sharing
Agreements.--Section 201 of the Veterans Health Care Act of
1992 (Public Law 102-585; 38 U.S.C. 8111 note) is amended--
(1) by inserting ``(a) Authority.--'' before ``The
Secretary of Veterans Affairs''; and
(2) by adding at the end thereof the following new
subsection:
``(b) Use of Funds.--Any amount received by the Secretary
from a non-Federal entity as payment for services provided by
the Secretary during a prior fiscal year under an agreement
entered into under this section may be obligated by the
Secretary during the fiscal year in which the Secretary
receives the payment.''.
(b) Repeal of Sunset Provision.--(1) Section 204 of such
Act (38 U.S.C. 8111 note) is repealed.
(2) Any services provided pursuant to agreements entered
into under section 201 of such Act (38 U.S.C. 8111 note)
during the period beginning on October 1, 1996, and ending on
the date of the enactment of this Act are hereby ratified.
(c) Cost Recovery.--Title II of such Act is further amended
by adding at the end the following new section:
``SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS.
``(a) Right To Recover.--In the case of a primary
beneficiary (as described in section 201(a)(2)(B)) who has
coverage under a health-plan contract, as defined in section
1729(i)(1)(A) of title 38, United States Code, and who is
furnished care or services by a Department medical facility
pursuant to this title, the United States shall have the
right
[[Page 2684]]
to recover or collect charges for such care or services from
such health-plan contract to the extent that the beneficiary
(or the provider of the care or services) would be eligible
to receive payment for such care or services from such
health-plan contract if the care or services had not been
furnished by a department or agency of the United States. Any
funds received from such health-plan contract shall be
credited to funds that have been allotted to the facility
that furnished the care or services.
``(b) Enforcement.--The right of the United States to
recover under such a beneficiary's health-plan contract shall
be enforceable in the same manner as that provided by
subsections (a)(3), (b), (c)(1), (d), (f), (h), and (i) of
section 1729 of title 38, United States Code.''.
SEC. 303. PERSONNEL FURNISHING SHARED RESOURCES.
Section 712(b)(2) is amended--
(1) by striking out ``the sum of--'' and inserting in lieu
thereof ``the sum of the following:'';
(2) by capitalizing the first letter of the first word of
each of subparagraphs (A) and (B);
(3) by striking out ``; and'' at the end of subparagraph
(A) and inserting in lieu thereof a period; and
(4) by adding at the end the following new subparagraph:
``(C) The number of such positions in the Department during
that fiscal year held by persons involved in providing
health-care resources under section 8111 or 8153 of this
title or under section 201 of the Veterans Health Care Act of
1992 (Public Law 102-585; 106 Stat. 4949; 38 U.S.C. 8111
note).''.
SEC. 304. WAITING PERIOD FOR ADMINISTRATIVE REORGANIZATIONS.
Section 510(b) is amended--
(1) in the second sentence, by striking out ``a 90-day
period of continuous session of Congress following the date
of the submission of the report'' and inserting in lieu
thereof ``a 45-day period following the date of the
submission of the report, not less than 30 days of which
shall be days during which Congress shall have been in
continuous session''; and
(2) in the third sentence, by striking out ``such 90-day
period'' and inserting in lieu thereof ``any period of
continuity of session''.
SEC. 305. REPEAL OF LIMITATIONS ON CONTRACTS FOR CONVERSION
OF PERFORMANCE OF ACTIVITIES OF DEPARTMENT
HEALTH-CARE FACILITIES AND REVISED ANNUAL
REPORTING REQUIREMENT.
Subsection (c) of section 8110 is amended to read as
follows:
``(c) The Secretary shall include in the materials
submitted to Congress each year in support of the budget of
the Department for the next fiscal year a report on
activities and proposals involving contracting for
performance by contractor personnel of work previously
performed by Department employees. The report shall--
``(1) identify those specific activities that are currently
performed at a Department facility by more than 10 Department
employees which the Secretary proposes to study for possible
contracting involving conversion from performance by
Department employees to performance by employees of a
contractor; and
``(2) identify those specific activities that have been
contracted for performance by contractor employees during the
prior fiscal year (shown by location, subject, scope of
contracts, and savings) and shall describe the effect of such
contracts on the quality of delivery of health services
during such year.''.
Subtitle B--Care of Women Veterans
SEC. 321. MAMMOGRAPHY QUALITY STANDARDS.
(a) In General.--(1) Subchapter II of chapter 73 is amended
by adding after section 7318 the following new section:
``Sec. 7319. Mammography quality standards
``(a) A mammogram may not be performed at a Department
facility unless that facility is accredited for that purpose
by a private nonprofit organization designated by the
Secretary. An organization designated by the Secretary under
this subsection shall meet the standards for accrediting
bodies established under subsection (e) of section 354 of the
Public Health Service Act (42 U.S.C. 263b).
``(b) The Secretary, in consultation with the Secretary of
Health and Human Services, shall prescribe quality assurance
and quality control standards relating to the performance and
interpretation of mammograms and use of mammogram equipment
and facilities of the Department of Veterans Affairs
consistent with the requirements of section 354(f)(1) of the
Public Health Service Act. Such standards shall be no less
stringent than the standards prescribed by the Secretary of
Health and Human Services under section 354(f) of the Public
Health Service Act.
``(c)(1) The Secretary, to ensure compliance with the
standards prescribed under subsection (b), shall provide for
an annual inspection of the equipment and facilities used by
and in Department health care facilities for the performance
of mammograms. Such inspections shall be carried out in a
manner consistent with the inspection of certified facilities
by the Secretary of Health and Human Services under section
354(g) of the Public Health Service Act.
``(2) The Secretary may not provide for an inspection under
paragraph (1) to be performed by a State agency.
``(d) The Secretary shall ensure that mammograms performed
for the Department under contract with any non-Department
facility or provider conform to the quality standards
prescribed by the Secretary of Health and Human Services
under section 354 of the Public Health Service Act.
``(e) For the purposes of this section, the term
`mammogram' has the meaning given such term in paragraph (5)
of section 354(a) of the Public Health Service Act.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
7318 the following new item:
``7319. Mammography quality standards.''.
(b) Deadline for Prescribing Standards.--The Secretary of
Veterans Affairs shall prescribe standards under subsection
(b) of section 7319 of title 38, United States Code, as added
by subsection (a), not later than the end of the 120-day
period beginning on the date of the enactment of this Act.
(c) Implementation Report.--The Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the Secretary's implementation
of section 7319 of title 38, United States Code, as added by
subsection (a). The report shall be submitted not later than
120 days after the date of the enactment of this Act.
SEC. 322. PATIENT PRIVACY FOR WOMEN PATIENTS.
(a) Identification of Deficiencies.--The Secretary of
Veterans Affairs shall conduct a survey of each medical
center under the jurisdiction of the Secretary to identify
deficiencies relating to patient privacy afforded to women
patients in the clinical areas at each such center which may
interfere with appropriate treatment of such patients.
(b) Correction of Deficiencies.--The Secretary shall ensure
that plans and, where appropriate, interim steps to correct
the deficiencies identified in the survey conducted under
subsection (a) are developed and are incorporated into the
Department's construction planning processes and, in cases in
which it is cost-effective to do so, are given a high
priority.
(c) Reports to Congress.--The Secretary shall compile an
annual inventory, by medical center, of deficiencies
identified under subsection (a) and of plans and, where
appropriate, interim steps, to correct such deficiencies. The
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives, not later than
October 1, 1997, and not later than October 1 each year
thereafter through 1999 a report on such deficiencies. The
Secretary shall include in such report the inventory compiled
by the Secretary, the proposed corrective plans, and the
status of such plans.
SEC. 323. ASSESSMENT OF USE BY WOMEN VETERANS OF DEPARTMENT
HEALTH SERVICES.
(a) Reports to Under Secretary for Health.--The Center for
Women Veterans of the Department of Veterans Affairs
(established under section 509 of Public Law 103-446), in
consultation with the Advisory Committee on Women Veterans,
shall assess the use by women veterans of health services
through the Department of Veterans Affairs, including
counseling for sexual trauma and mental health services. The
Center shall submit to the Under Secretary for Health of the
Department of Veterans Affairs a report not later than April
1, 1997, and April 1 of each of the two following years, on--
(1) the extent to which women veterans described in
paragraphs (1) and (2) of section 1710(a) of title 38, United
States Code, fail to seek, or face barriers in seeking,
health services through the Department, and the reasons
therefor; and
(2) recommendations, if indicated, for encouraging greater
use of such services, including (if appropriate) public
service announcements and other outreach efforts.
(b) Reports to Congressional Committees.--Not later than
July 1, 1997, and July 1 of each of the two following years,
the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report containing--
(1) the most recent report of the Center for Women Veterans
under subsection (a);
(2) the views of the Under Secretary for Health on such
report's findings and recommendations; and
(3) a description of the steps being taken by the Secretary
to remedy any problems described in the report.
SEC. 324. REPORTING REQUIREMENTS.
(a) Extension of Annual Report Requirement.--Section 107(a)
of the Veterans Health Care Act of 1992 (Public Law 102-585;
106 Stat. 4947) is amended by striking out ``Not later than
January 1, 1993, January 1, 1994, and January 1, 1995'' and
inserting in lieu thereof ``Not later than January 1 of 1993
and each year thereafter through 1998''.
(b) Report on Health Care and Research.--Section 107(b) of
such Act is amended--
(1) in paragraph (2)(A), by inserting ``(including
information on the number of inpatient stays and the number
of outpatient visits through which such services were
provided)'' after ``facility''; and
(2) by adding at the end the following new paragraph:
``(5) A description of the actions taken by the Secretary
to foster and encourage the expansion of such research.''.
[[Page 2685]]
Subtitle C--Readjustment Counseling and Mental Health Care
SEC. 331. EXPANSION OF ELIGIBILITY FOR READJUSTMENT
COUNSELING AND CERTAIN RELATED COUNSELING
SERVICES.
(a) Expansion of Eligibility.--Subsection (a) of section
1712A is amended to read as follows:
``(a)(1)(A) Upon the request of any veteran referred to in
subparagraph (B), the Secretary shall furnish counseling to
the veteran to assist the veteran in readjusting to civilian
life. Such counseling may include a general mental and
psychological assessment of the veteran to ascertain whether
such veteran has mental or psychological problems associated
with readjustment to civilian life.
``(B) Subparagraph (A) applies to the following veterans:
``(i) Any veteran who served on active duty--
``(I) in a theater of combat operations (as determined by
the Secretary in consultation with the Secretary of Defense)
during the Vietnam era; or
``(II) after May 7, l975, in an area at a time during which
hostilities occurred in that area.
``(ii) Any veteran (other than a veteran covered by clause
(i)) who served on active duty during the Vietnam era who
seeks or is furnished such counseling before January 1, 2000.
``(2)(A) Upon the request of any veteran (other than a
veteran covered by paragraph (1)) who served in the active
military, naval, or air service in a theater of combat
operations (as so determined) during a period of war, or in
any other area during a period in which hostilities (as
defined in subparagraph (B)) occurred in such area, the
Secretary may furnish counseling to the veteran to assist the
veteran in readjusting to civilian life.
``(B) For the purposes of subparagraph (A), the term
`hostilities' means an armed conflict in which the members of
the Armed Forces are subjected to danger comparable to the
danger to which members of the Armed Forces have been
subjected in combat with enemy armed forces during a period
of war, as determined by the Secretary in consultation with
the Secretary of Defense.''.
(b) Repeal of Referral Provisions.--Subsection (c) of such
section is repealed.
SEC. 332. REPORTS RELATING TO VET CENTERS.
(a) Report on Collocation of Vet Centers and Department
Outpatient Clinics.--(1) Not later than six months after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
feasibility and desirability of providing for the collocation
of Vet Centers and outpatient clinics (including rural mobile
clinics) of the Department of Veterans Affairs as current
leases for such centers and clinics expire.
(2) The report shall include an assessment of the
following:
(A) The results of any collocation of Vet Centers and
outpatient clinics carried out by the Secretary before the
date of the enactment of this Act, including the effects of
such collocation on the quality of care provided at such
centers and clinics.
(B) The effect of such collocation on the capacity of such
centers and clinics to carry out their primary mission.
(C) The extent to which such collocation will impair the
operational independence or administrative integrity of such
centers and clinics.
(D) The feasibility of combining the services provided by
such centers and clinics in the course of such collocation.
(E) The advisability of the collocation of centers and
clinics of significantly different size.
(F) The effect of the locations (including urban and rural
locations) of the centers and clinics on the feasibility and
desirability of such collocation.
(G) The amount of any costs savings to be achieved by
Department as a result of such collocation.
(H) Any other matter that the Secretary considers
appropriate.
(b) Report on Provision of Limited Health Care Services at
Readjustment Counseling Centers.--(1) Not later than six
months after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the feasibility and desirability
of providing a limited battery of health care services
(including ambulatory services and health care screening
services) to veterans at Department of Veterans Affairs
readjustment counseling centers.
(2) The report shall include a discussion of the following:
(A) The effect on the advisability of providing health care
services at readjustment counseling centers of the geographic
location of such centers, including the urban location and
rural location of such centers and the proximity of such
centers to Department of Veterans Affairs medical facilities.
(B) The effect on the advisability of providing such
services at such centers of the type and level of services to
be provided, and the demographic characteristics (including
age, socio-economic status, ethnicity, and sex) of veterans
likely to be provided the services.
(C) The effect of providing such services at such centers
on the readjustment counseling center program in general and
on the efficiency and autonomy of the clinical and
administrative operations of the readjustment counseling
centers in particular.
(D) Any other matter that the Secretary considers
appropriate.
(c) Rule of Construction.--Nothing in this section is
intended to preclude the Secretary, during the period before
the submission of the reports under this section, from
providing limited health care services at Vet Centers.
SEC. 333. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.
(a) In General.--(1) Subchapter III of chapter 5 is amended
by inserting after section 544 the following new section:
``Sec. 545. Advisory Committee on the Readjustment of
Veterans
``(a)(1) There is in the Department the Advisory Committee
on the Readjustment of Veterans (hereinafter in this section
referred to as the `Committee').
``(2) The Committee shall consist of not more than 18
members appointed by the Secretary from among individuals
who--
``(A) have demonstrated significant civic or professional
achievement; and
``(B) have experience with the provision of veterans
benefits and services by the Department.
``(3) The Secretary shall seek to ensure that members
appointed to the Committee include individuals from a wide
variety of geographic areas and ethnic backgrounds,
individuals from veterans service organizations, individuals
with combat experience, and women.
``(4) The Secretary shall determine the terms of service
and pay and allowances of the members of the Committee,
except that a term of service may not exceed two years. The
Secretary may reappoint any member for additional terms of
service.
``(b)(1) The Secretary shall, on a regular basis, consult
with and seek the advice of the Committee with respect to the
provision by the Department of benefits and services to
veterans in order to assist veterans in the readjustment to
civilian life.
``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
``(i) assemble and review information relating to the needs
of veterans in readjusting to civilian life;
``(ii) provide information relating to the nature and
character of psychological problems arising from service in
the Armed Forces;
``(iii) provide an on-going assessment of the effectiveness
of the policies, organizational structures, and services of
the Department in assisting veterans in readjusting to
civilian life; and
``(iv) provide on-going advice on the most appropriate
means of responding to the readjustment needs of veterans in
the future.
``(B) In carrying out its duties under subparagraph (A),
the Committee shall take into special account the needs of
veterans who have served in a theater of combat operations.
``(c)(1) Not later than March 31 of each year, the
Committee shall submit to the Secretary a report on the
programs and activities of the Department that relate to the
readjustment of veterans to civilian life. Each such report
shall include--
``(A) an assessment of the needs of veterans with respect
to readjustment to civilian life;
``(B) a review of the programs and activities of the
Department designed to meet such needs; and
``(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee
considers appropriate.
``(2) Not later than 90 days after the receipt of a report
under paragraph (1), the Secretary shall transmit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a copy of the report, together with any
comments and recommendations concerning the report that the
Secretary considers appropriate.
``(3) The Committee may also submit to the Secretary such
other reports and recommendations as the Committee considers
appropriate.
``(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this
title a summary of all reports and recommendations of the
Committee submitted to the Secretary since the previous
annual report of the Secretary submitted pursuant to that
section.
``(d)(1) Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Committee under
this section.
``(2) Section 14 of such Act shall not apply to the
Committee.''.
(2) The table of sections at the beginning of chapter 5 is
amended by inserting after the item relating to section 544
the following new item:
``545. Advisory Committee on the Readjustment of Veterans.''.
(b) Original Members.--(1) Notwithstanding subsection
(a)(2) of section 545 of title 38, United States Code (as
added by subsection (a)), the members of the Advisory
Committee on the Readjustment of Vietnam and Other War
Veterans on the date of the enactment of this Act shall be
the original members of the advisory committee recognized
under such section.
(2) The original members shall so serve until the Secretary
of Veterans Affairs carries out appointments under such
subsection (a)(2). The Secretary of Veterans Affairs shall
carry out such appointments as soon
[[Page 2686]]
after such date as is practicable. The Secretary may make
such appointments from among such original members.
SEC. 334. CENTERS FOR MENTAL ILLNESS RESEARCH, EDUCATION, AND
CLINICAL ACTIVITIES.
(a) In General.--(1) Subchapter II of chapter 73 is amended
by adding after section 7319, as added by section 321(a)(1),
the following new section:
``Sec. 7320. Centers for mental illness research, education,
and clinical activities
``(a) The purpose of this section is to provide for the
improvement of the provision of health-care services and
related counseling services to eligible veterans suffering
from mental illness (especially mental illness related to
service-related conditions) through--
``(1) the conduct of research (including research on
improving mental health service facilities of the Department
and on improving the delivery of mental health services by
the Department);
``(2) the education and training of health care personnel
of the Department; and
``(3) the development of improved models and systems for
the furnishing of mental health services by the Department.
``(b)(1) The Secretary shall establish and operate centers
for mental illness research, education, and clinical
activities. Such centers shall be established and operated by
collaborating Department facilities as provided in subsection
(c)(1). Each such center shall function as a center for--
``(A) research on mental health services;
``(B) the use by the Department of specific models for
furnishing services to treat serious mental illness;
``(C) education and training of health-care professionals
of the Department; and
``(D) the development and implementation of innovative
clinical activities and systems of care with respect to the
delivery of such services by the Department.
``(2) The Secretary shall, upon the recommendation of the
Under Secretary for Health, designate the centers under this
section. In making such designations, the Secretary shall
ensure that the centers designated are located in various
geographic regions of the United States. The Secretary may
designate a center under this section only if--
``(A) the proposal submitted for the designation of the
center meets the requirements of subsection (c);
``(B) the Secretary makes the finding described in
subsection (d); and
``(C) the peer review panel established under subsection
(e) makes the determination specified in subsection (e)(3)
with respect to that proposal.
``(3) Not more than five centers may be designated under
this section.
``(4) The authority of the Secretary to establish and
operate centers under this section is subject to the
appropriation of funds for that purpose.
``(c) A proposal submitted for the designation of a center
under this section shall--
``(1) provide for close collaboration in the establishment
and operation of the center, and for the provision of care
and the conduct of research and education at the center, by a
Department facility or facilities in the same geographic area
which have a mission centered on care of the mentally ill and
a Department facility in that area which has a mission of
providing tertiary medical care;
``(2) provide that no less than 50 percent of the funds
appropriated for the center for support of clinical care,
research, and education will be provided to the collaborating
facility or facilities that have a mission centered on care
of the mentally ill; and
``(3) provide for a governance arrangement between the
collaborating Department facilities which ensures that the
center will be established and operated in a manner aimed at
improving the quality of mental health care at the
collaborating facility or facilities which have a mission
centered on care of the mentally ill.
``(d) The finding referred to in subsection (b)(2)(B) with
respect to a proposal for designation of a site as a location
of a center under this section is a finding by the Secretary,
upon the recommendation of the Under Secretary for Health,
that the facilities submitting the proposal have developed
(or may reasonably be anticipated to develop) each of the
following:
``(1) An arrangement with an accredited medical school that
provides education and training in psychiatry and with which
one or more of the participating Department facilities is
affiliated under which medical residents receive education
and training in psychiatry through regular rotation through
the participating Department facilities so as to provide such
residents with training in the diagnosis and treatment of
mental illness.
``(2) An arrangement with an accredited graduate program of
psychology under which students receive education and
training in clinical, counseling, or professional psychology
through regular rotation through the participating Department
facilities so as to provide such students with training in
the diagnosis and treatment of mental illness.
``(3) An arrangement under which nursing, social work,
counseling, or allied health personnel receive training and
education in mental health care through regular rotation
through the participating Department facilities.
``(4) The ability to attract scientists who have
demonstrated achievement in research--
``(A) into the evaluation of innovative approaches to the
design of mental health services; or
``(B) into the causes, prevention, and treatment of mental
illness.
``(5) The capability to evaluate effectively the activities
of the center, including activities relating to the
evaluation of specific efforts to improve the quality and
effectiveness of mental health services provided by the
Department at or through individual facilities.
``(e)(1) In order to provide advice to assist the Secretary
and the Under Secretary for Health to carry out their
responsibilities under this section, the official within the
central office of the Veterans Health Administration
responsible for mental health and behavioral sciences matters
shall establish a peer review panel to assess the scientific
and clinical merit of proposals that are submitted to the
Secretary for the designation of centers under this section.
``(2) The panel shall consist of experts in the fields of
mental health research, education and training, and clinical
care. Members of the panel shall serve as consultants to the
Department.
``(3) The panel shall review each proposal submitted to the
panel by the official referred to in paragraph (1) and shall
submit to that official its views on the relative scientific
and clinical merit of each such proposal. The panel shall
specifically determine with respect to each such proposal
whether that proposal is among those proposals which have met
the highest competitive standards of scientific and clinical
merit.
``(4) The panel shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(f) Clinical and scientific investigation activities at
each center established under this section--
``(1) may compete for the award of funding from amounts
appropriated for the Department of Veterans Affairs medical
and prosthetics research account; and
``(2) shall receive priority in the award of funding from
such account insofar as funds are awarded to projects and
activities relating to mental illness.
``(g) The Under Secretary for Health shall ensure that at
least three centers designated under this section emphasize
research into means of improving the quality of care for
veterans suffering from mental illness through the
development of community-based alternatives to institutional
treatment for such illness.
``(h) The Under Secretary for Health shall ensure that
information produced by the research, education and training,
and clinical activities of centers established under this
section that may be useful for other activities of the
Veterans Health Administration is disseminated throughout the
Veterans Health Administration. Such dissemination shall be
made through publications, through programs of continuing
medical and related education provided through regional
medical education centers under subchapter VI of chapter 74
of this title, and through other means. Such programs of
continuing medical education shall receive priority in the
award of funding.
``(i) The official within the central office of the
Veterans Health Administration responsible for mental health
and behavioral sciences matters shall be responsible for
supervising the operation of the centers established pursuant
to this section and shall provide for ongoing evaluation of
the centers and their compliance with the requirements of
this section.
``(j)(1) There are authorized to be appropriated to the
Department of Veterans Affairs for the basic support of the
research and education and training activities of centers
established pursuant to this section amounts as follows:
``(A) $3,125,000 for fiscal year 1998.
``(B) $6,250,000 for each of fiscal years 1999 through
2001.
``(2) In addition to funds appropriated for a fiscal year
pursuant to the authorization of appropriations in paragraph
(1), the Under Secretary for Health shall allocate to such
centers from other funds appropriated for that fiscal year
generally for the Department of Veterans Affairs medical care
account and the Department of Veterans Affairs medical and
prosthetics research account such amounts as the Under
Secretary for Health determines appropriate to carry out the
purposes of this section.''.
(2) The table of sections at the beginning of chapter 73 is
amended by inserting after the item relating to section 7319,
as added by section 321(a)(2), the following new item:
``7320. Centers for mental illness research, education, and clinical
activities.''.
(b) Annual Reports.--Not later than February 1 of each of
1999, 2000, 2001, and 2002, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the status
and activities during the previous fiscal year of the centers
for mental illness research, education, and clinical
activities established pursuant to section 7320 of title 38,
United States Code (as added by subsection (a)). Each such
report shall include the following:
(1) A description of the activities carried out at each
center and the funding provided for such activities.
(2) A description of the advances made at each of the
participating facilities of the center in research, education
and training, and clinical activities relating to mental
illness in veterans.
(3) A description of the actions taken by the Under
Secretary for Health pursuant to
[[Page 2687]]
subsection (h) of that section (as so added) to disseminate
information derived from such activities throughout the
Veterans Health Administration.
(4) The Secretary's evaluations of the effectiveness of the
centers in fulfilling the purposes of the centers.
(c) Implementation.--The Secretary of Veterans Affairs
shall designate at least one center under section 7320 of
title 38, United States Code, not later than January 1, 1998.
SEC. 335. COMMITTEE ON CARE OF SEVERELY CHRONICALLY MENTALLY
ILL VETERANS.
(a) Establishment.--Subchapter II of chapter 73 is amended
by adding after section 7320, as added by section 334(a)(1),
the following new section:
``Sec. 7321. Committee on Care of Severely Chronically
Mentally Ill Veterans
``(a) The Secretary, acting through the Under Secretary for
Health, shall establish in the Veterans Health Administration
a Committee on Care of Severely Chronically Mentally Ill
Veterans. The Under Secretary shall appoint employees of the
Department with expertise in the care of the chronically
mentally ill to serve on the committee.
``(b) The committee shall assess, and carry out a
continuing assessment of, the capability of the Veterans
Health Administration to meet effectively the treatment and
rehabilitation needs of mentally ill veterans whose mental
illness is severe and chronic and who are eligible for health
care furnished by the Department, including the needs of such
veterans who are women. In carrying out that responsibility,
the committee shall--
``(1) evaluate the care provided to such veterans through
the Veterans Health Administration;
``(2) identify systemwide problems in caring for such
veterans in facilities of the Veterans Health Administration;
``(3) identify specific facilities within the Veterans
Health Administration at which program enrichment is needed
to improve treatment and rehabilitation of such veterans; and
``(4) identify model programs which the committee considers
to have been successful in the treatment and rehabilitation
of such veterans and which should be implemented more widely
in or through facilities of the Veterans Health
Administration.
``(c) The committee shall--
``(1) advise the Under Secretary regarding the development
of policies for the care and rehabilitation of severely
chronically mentally ill veterans; and
``(2) make recommendations to the Under Secretary--
``(A) for improving programs of care of such veterans at
specific facilities and throughout the Veterans Health
Administration;
``(B) for establishing special programs of education and
training relevant to the care of such veterans for employees
of the Veterans Health Administration;
``(C) regarding research needs and priorities relevant to
the care of such veterans; and
``(D) regarding the appropriate allocation of resources for
all such activities.
``(d)(1) Not later than April 1, 1997, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate
and House of Representatives a report on the implementation
of this section. The report shall include the following:
``(A) A list of the members of the committee.
``(B) The assessment of the Under Secretary for Health,
after review of the initial findings of the committee,
regarding the capability of the Veterans Health
Administration, on a systemwide and facility-by-facility
basis, to meet effectively the treatment and rehabilitation
needs of severely chronically mentally ill veterans who are
eligible for Department care.
``(C) The plans of the committee for further assessments.
``(D) The findings and recommendations made by the
committee to the Under Secretary for Health and the views of
the Under Secretary on such findings and recommendations.
``(E) A description of the steps taken, plans made (and a
timetable for their execution), and resources to be applied
toward improving the capability of the Veterans Health
Administration to meet effectively the treatment and
rehabilitation needs of severely chronically mentally ill
veterans who are eligible for Department care.
``(2) Not later than February 1, 1998, and February 1 of
each of the three following years, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report containing information
updating the reports submitted under this subsection before
the submission of such report.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the
item relating to section 7320, as added by section 334(a)(2)
the following new item:
``7321. Committee on Care of Severely Chronically Mentally Ill
Veterans.''.
Subtitle D--Other Provisions
SEC. 341. HOSPICE CARE STUDY.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a research study to determine the desirability
of the Secretary furnishing hospice care to terminally ill
veterans and to evaluate the most cost effective and
efficient way to do so. The Secretary shall carry out the
study using resources and personnel of the Department.
(b) Conduct of Study.--In carrying out the study required
by subsection (a), the Secretary shall--
(1) evaluate the programs, and the program models, through
which the Secretary furnishes hospice care services within or
through facilities of the Department of Veterans Affairs and
the programs and program models through which non-Department
facilities provide such services;
(2) assess the satisfaction of patients, and family members
of patients, in each of the program models covered by
paragraph (1);
(3) compare the costs (or range of costs) of providing care
through each of the program models covered by paragraph (1);
and
(4) identify any barriers to providing, procuring, or
coordinating hospice services through any of the program
models covered by paragraph (1).
(c) Program Models.--For purposes of subsection (b)(1), the
Secretary shall evaluate a variety of types of models for
delivery of hospice care, including the following:
(1) Direct furnishing of full hospice care by the
Secretary.
(2) Direct furnishing of some hospice services by the
Secretary.
(3) Contracting by the Secretary for the furnishing of
hospice care, with a commitment that the Secretary will
provide any further required hospital care for the patient.
(4) Contracting for all required care to be furnished
outside the Department.
(5) Referral of the patient for hospice care without a
contract.
(d) Report.--Not later than April 1, 1998, the Secretary
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the research
study. The report shall set forth the Secretary's findings
and recommendations. The Secretary shall include in the
report information on the extent to which the Secretary
advises veterans concerning their eligibility for hospice
care and information on the number of veterans (as of the
time of the report) who are in each model of hospice care
described in subsection (c) and the average cost per patient
of hospice care for each such model.
SEC. 342. PAYMENT TO STATES OF PER DIEM FOR VETERANS
RECEIVING ADULT DAY HEALTH CARE.
(a) Payment of Per Diem for Veterans Receiving Adult Day
Care.--Section 1741 is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following new paragraph (2):
``(2) The Secretary may pay each State per diem at a rate
determined by the Secretary for each veteran receiving adult
day health care in a State home, if such veteran is eligible
for such care under laws administered by the Secretary.''.
(b) Assistance to States for Construction of Adult Day Care
Facilities.--(1) Section 8131(3) is amended by inserting
``adult day health,'' before ``or hospital care''.
(2) Section 8132 is amended by inserting ``adult day
health,'' before ``or hospital care''.
(3) Section 8135(b) is amended--
(A) in paragraph (2)(C), by inserting ``or adult day health
care facilities'' after ``domiciliary beds''; and
(B) in paragraph (3)(A), by inserting ``or construction
(other than new construction) of adult day health care
buildings'' before the semicolon.
SEC. 343. RESEARCH CORPORATIONS.
(a) Renewal of Authority.--Section 7368 is amended by
striking out ``December 31, 1992'' and inserting in lieu
thereof ``December 31, 2000''.
(b) Clarification of Tax-Exempt Status.--Sections 7361(b)
and 7363(c) are amended by striking out ``section 501(c)(3)
of''.
(c) Periodic Audits.--Subsection (b) of section 7366 is
amended by striking out ``The corporation'' in the second
sentence and all that follows through ``shall include that
report'' and inserting in lieu thereof the following: ``A
corporation with revenues in excess of $300,000 for any year
shall obtain an audit of the corporation for that year. A
corporation with annual revenues between $10,000 and $300,000
shall obtain an independent audit of the corporation at least
once every three years. Any audit under the preceding
sentences shall be performed by an independent auditor. The
corporation shall include the most recent such audit''.
(d) Compliance With Conflict of Interest Laws and
Regulations.--Subsection (c)(2) of section 7366 is amended by
striking out ``an annual statement signed by the director or
employee certifying that the director or'' and inserting in
lieu thereof ``a statement signed by the executive director
of the corporation certifying that each director and''.
(e) Revised Reporting Requirement.--Subsection (d) of
section 7366 is amended to read as follows:
``(d) The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
an annual report on the corporations established under this
subchapter. The report shall set forth the following
information:
``(1) The location of each corporation.
``(2) The amount received by each corporation during the
previous year, including--
``(A) the total amount received;
``(B) the amount received from governmental entities;
[[Page 2688]]
``(C) the amount received from all other sources; and
``(D) if the amount received from a source referred to in
subparagraph (C) exceeded $25,000, information that
identifies the source.
``(3) The amount expended by each corporation during the
year, including--
``(A) the amount expended for salary for research staff and
for salary for support staff;
``(B) the amount expended for direct support of research;
and
``(C) if the amount expended with respect to any payee
exceeded $35,000, information that identifies the payee.''.
SEC. 344. VETERANS HEALTH ADMINISTRATION HEADQUARTERS.
Section 7306 is amended by adding at the end the following
new subsection:
``(f) In organizing the Office and appointing persons to
positions in the Office, the Under Secretary shall ensure
that--
``(1) the Office is staffed so as to provide the Under
Secretary, through a designated clinician in the appropriate
discipline in each instance, with expertise and direct policy
guidance on--
``(A) unique programs operated by the Administration to
provide for the specialized treatment and rehabilitation of
disabled veterans (including blind rehabilitation, care of
spinal cord dysfunction, mental illness, and long-term care);
and
``(B) the programs established under section 1712A of this
title; and
``(2) with respect to the programs established under
section 1712A of this title, a clinician with appropriate
expertise in those programs is responsible to the Under
Secretary for the management of those programs.''.
SEC. 345. DISBURSEMENT AGREEMENTS RELATING TO MEDICAL
RESIDENTS AND INTERNS.
Section 7406(c) is amended--
(1) by striking out ``Department hospital'' each place it
appears and inserting in lieu thereof ``Department facility
furnishing hospital care or medical services'';
(2) by striking out ``participating hospital'' in paragraph
(4)(C) and inserting in lieu thereof ``participating
facility''; and
(3) by striking out ``hospital'' both places it appears in
paragraph (5) and inserting in lieu thereof ``facility''.
SEC. 346. AUTHORITY TO SUSPEND SPECIAL PAY AGREEMENTS FOR
PHYSICIANS AND DENTISTS WHO ENTER RESIDENCY
TRAINING PROGRAMS.
Section 7432(b)(2) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) The Secretary may suspend a special pay agreement
entered into under this section in the case of a physician or
dentist who, having entered into the special pay agreement,
enters a residency training program. Any such suspension
shall terminate when the physician or dentist completes,
withdraws from, or is no longer a participant in the program.
During the period of such a suspension, the physician or
dentist is not subject to the provisions of paragraph (1).''.
SEC. 347. REMUNERATED OUTSIDE PROFESSIONAL ACTIVITIES BY
VETERANS HEALTH ADMINISTRATION PERSONNEL.
(a) Authority.--Subsection (b) of section 7423 is amended--
(1) by striking out paragraph (1); and
(2) by redesignating paragraphs (2) through (6) as
paragraphs (1) through (5), respectively.
(b) Conforming Amendment.--Subsection (c) of such section
is amended in the matter preceding paragraph (1) by striking
out ``subsection (b)(6)'' and inserting in lieu thereof
``subsection (b)(5)''.
SEC. 348. MODIFICATION OF RESTRICTIONS ON REAL PROPERTY,
MILWAUKEE COUNTY, WISCONSIN.
(a) Modification of Reversionary Interest.--The Secretary
of Veterans Affairs is authorized to execute such instruments
as may be necessary to modify the conditions under which the
land described in subsection (b) will revert to the United
States in order--
(1) to permit Milwaukee County, Wisconsin, to grant all or
part of such land to another party with a condition on such
grant that the grantee use such land only for civic and
recreational purposes; and
(2) to provide that the conditions under which title to all
or any part of such land reverts to the United States are
stated so that any such reversion would occur at the option
of the United States.
(b) Description of Land.--The land covered by this section
is the tract of 28 acres of land, more or less, conveyed to
Milwaukee County, Wisconsin, pursuant to the Act entitled
``An Act authorizing the Administrator of Veterans' Affairs
to convey certain property to Milwaukee County, Wisconsin'',
approved August 27, 1954 (68 Stat. 866).
(c) General Authorities.--The Secretary may carry out this
section subject to such terms and conditions (including
reservations of rights for the United States) as the
Secretary considers necessary to protect the interests of the
United States. In carrying out this section, the Secretary
may eliminate any existing covenant or restriction with
respect to the tract of land described in subsection (b)
which the Secretary determines to be no longer necessary to
protect the interests of the United States.
SEC. 349. MODIFICATION OF RESTRICTIONS ON REAL PROPERTY,
CHEYENNE, WYOMING.
(a) Modification of Reversionary Interest.--The Secretary
of Veterans Affairs of Veterans Affairs is authorized to
execute such instruments as may be necessary to modify the
conditions under which the land described in subsection (b)
will revert to the United States in order to permit the City
of Cheyenne, Wyoming, to grant all or part of such land to
the First Cheyenne Federal Credit Union (formerly known as
the Cheyenne VAF Federal Credit Union) with a condition on
such grant that the First Cheyenne Federal Credit Union use
such land only for the purpose of constructing a building to
house its operations.
(b) Description of Land.--The land covered by this section
is the tract of 27 acres of land, more or less, conveyed to
the City of Cheyenne, Wyoming, pursuant to the Act entitled
``An Act authorizing the Administrator of Veterans' Affairs
to convey certain property to the City of Cheyenne,
Wyoming'', approved November 8, 1965 (79 Stat. 1304).
(c) Terms of Reversionary Interest.--In carrying out this
section, the Secretary may cause the statement of the
conditions under which title to all or any part of the land
described in subsection (b) reverts to the United States to
be revised so that any such reversion would occur at the
option of the United States.
(d) General Authorities.--The Secretary may carry out this
section subject to such terms and conditions (including
reservations of rights for the United States) as the
Secretary considers necessary to protect the interests of the
United States. In carrying out this section, the Secretary
may eliminate any existing covenant or restriction with
respect to the tract of land described in subsection (b)
which the Secretary determines to be no longer necessary to
protect the interests of the United States.
SEC. 350. NAME OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER, JOHNSON CITY, TENNESSEE.
(a) Name.--The Mountain Home Department of Veterans Affairs
Medical Center in Johnson City, Tennessee, shall after the
date of the enactment of this Act be known and designated as
the ``James H. Quillen Department of Veterans Affairs Medical
Center''. Any reference to such medical center in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
James H. Quillen Department of Veterans Affairs Medical
Center.
(b) Effective Date.--Subsection (a) shall take effect at
noon on January 3, 1997.
SEC. 351. REPORT ON HEALTH CARE NEEDS OF VETERANS IN EAST
CENTRAL FLORIDA.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
health care needs of veterans in east central Florida. In
preparing the report, the Secretary shall consider the needs
of such veterans for psychiatric and long-term care. The
Secretary shall include in the report the Secretary's views,
based on the Secretary's determination of such needs, as to
the best means of meeting such needs using the amounts
appropriated pursuant to the authorization of appropriations
in this Act and Public Law 103-452 for projects to meet the
health care needs of such veterans. The Secretary may,
subject to the availability of appropriations for such
purpose, use an independent contractor to assist in the
determination of such health care needs.
(b) Limitation.--The Secretary may not obligate any funds,
other than for design work, for the conversion of the former
Orlando Naval Training Center Hospital in Orlando, Florida
(now under the jurisdiction of the Secretary of Veterans
Affairs), to a nursing home care unit until 45 days after the
date on which the report required by subsection (a) is
submitted.
SEC. 352. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN
OF PERSIAN GULF WAR VETERANS.
(a) Extension of Authority.--Subsection (b) of section 107
of the Persian Gulf War Veterans' Benefits Act (title I of
Public Law 103-446; 108 Stat. 4652; 38 U.S.C. 1117 note) is
amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``December 31, 1998''.
(b) Ratification of Actions.--Any diagnostic testing and
medical examinations undertaken by the Secretary of Veterans
Affairs for the purpose of the study required by subsection
(a) of such section during the period beginning on October 1,
1996, and ending on the date of the enactment of this Act is
hereby ratified.
On motion of Mr. STUMP, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.72 further message from the senate
A further message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed bills of the following titles in
which the concurrence of the House is requested:
S. 555. An Act to amend the Public Health Service Act to
consolidate and reauthorize
[[Page 2689]]
health professions and minority and disadvantaged health
education programs, and for other purposes.
S. 1194. An Act to promote the research, identification,
assessment, and exploration of marine mineral resources, and
for other purposes.
S. 1649. An Act to extend contracts between the Bureau of
Reclamation and irrigation districts in Kansas and Nebraska,
and for other purposes.
S. 1711. An Act to amend title 38, United States Code, to
improve the benefits programs administered by the Secretary
of Veterans Affairs, to provide for a study of the Federal
programs for veterans, and for other purposes.
S. 1874. An Act to amend sections of the Department of
Energy Organization Act that are obsolete or inconsistent
with other statutes and to repeal a related section of the
Federal Energy Administration Act of 1974.
para.117.73 va service connected disability benefits
On motion of Mr. STUMP, by unanimous consent, the bill (H.R. 3458) to
increase, effective as of December 1, 1996, the rates of compensation
for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for the survivors of certain
disabled veterans; together with the following amendments of the Senate
thereto, was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Compensation Cost-
of-Living Adjustment Act of 1996''.
SEC. 2. INCREASE IN COMPENSATION RATES AND LIMITATIONS.
(a) In General.--(1) the Secretary of Veterans Affairs
shall, as provided in paragraph (2), increase, effective
December 1, 1996, the rates of and limitations on Department
of Veterans Affairs disability compensation and dependency
and indemnity compensation.
(2) The Secretary shall increase each of the rates and
limitations in sections 1114, 1115(1), 1162, 1311, 1313, and
1314 of title 38, United States Code, that were increased by
the amendments made by the Veterans' Compensation Cost-of-
Living Adjustment Act of 1995 (Public Law No. 104-57; 109
Stat. 555). This increase shall be made in such rates and
limitations as in effect on November 30, 1996, and shall be
by the same percentage that benefit amounts payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.)
are increased effective December 1, 1996, as a result of a
determination under section 215(i) of such Act (42 U.S.C.
415(i)).
(b) Special Rule.--The Secretary may adjust
administratively, consistent with the increases made under
subsection (a)(2), the rates of disability compensation
payable to persons within the purview of section 10 of Public
Law 85-857 (72 Stat. 1263) who are not in receipt of
compensation payable pursuant to chapter 11 of title 38,
United States Code.
(c) Publication Requirement.--At the same time as the
matters specified in section 215(i)(2)(D) of the Social
Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section
215(i) of such Act during fiscal year 1996, the Secretary
shall publish in the Federal Register the rates and
limitations referred to in subsection (a)(2) as increased
under this section.
On motion of Mr. STUMP, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.74 civilian life adjustment for military
On motion of Mr. STUMP, by unanimous consent, the bill of the Senate
(S. 1711) to establish a commission to evaluate the programs of the
Federal Government that assist members of the Armed Forces and veterans
in readjusting to civilian life, and for other purposes; was taken from
the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.75 dod local educational agencies' assistance
On motion of Mr. STUMP, by unanimous consent, the Committee on
National Security and the Committee on Economic and Educational
Opportunities were discharged from further consideration of the bill
(H.R. 4282) to amend the National Defense Authorization Act for Fiscal
Year 1993 to make a technical correction relating to the provision of
Department of Defense Assistance to local educational agencies.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.76 further message from the senate
A further message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed with an amendment a bill of the
House of the following title in which the concurrence of the House is
requested.
H.R. 3815. An Act to make technical corrections and
miscellaneous amendments to trade laws.
para.117.77 methamphetamine production
On motion of Mr. McCOLLUM, by unanimous consent, bill of the Senate
(S. 1965) to prevent the illegal manufacturing and use of
methamphetamine; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.78 proprietary economic information
On motion of Mr. McCOLLUM, by unanimous consent, the bill (H.R. 3723)
to amend title 18, United States Code, to protect proprietary economic
information, and for other purposes; together with the amendment of the
Senate thereto, was taken from the Speaker's table.
On motion of Mr. McCOLLUM, said Senate amendment was agreed to with
the following amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text of the bill, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Espionage Act of
1996''.
TITLE I--PROTECTION OF TRADE SECRETS
SEC. 101. PROTECTION OF TRADE SECRETS.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 89 the following:
``CHAPTER 90--PROTECTION OF TRADE SECRETS
``Sec.
``1831. Economic espionage.
``1832. Theft of trade secrets.
``1833. Exceptions to prohibitions.
``1834. Criminal forfeiture.
``1835. Orders to preserve confidentiality.
``1836. Civil proceedings to enjoin violations.
``1837. Conduct outside the United States.
``1838. Construction with other laws.
``1839. Definitions.
``Sec. 1831. Economic espionage
``(a) In General.--Whoever, intending or knowing that the
offense will benefit any foreign government, foreign
instrumentality, or foreign agent, knowingly--
``(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or
deception obtains a trade secret;
``(2) without authorization copies, duplicates, sketches,
draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails,
communicates, or conveys a trade secret;
``(3) receives, buys, or possesses a trade secret, knowing
the same to have been stolen or appropriated, obtained, or
converted without authorization;
``(4) attempts to commit any offense described in any of
paragraphs (1) through (3); or
``(5) conspires with one or more other persons to commit
any offense described in any of paragraphs (1) through (4),
and one or more of such persons do any act to effect the
object of the conspiracy,
shall, except as provided in subsection (b), be fined not
more than $500,000 or imprisoned not more than 15 years, or
both.
``(b) Organizations.--Any organization that commits any
offense described in subsection (a) shall be fined not more
than $10,000,000.
``Sec. 1832. Theft of trade secrets
``(a) Whoever, with intent to convert a trade secret, that
is related to or included in a product that is produced for
or placed in interstate or foreign commerce, to the economic
benefit of anyone other than the owner thereof, and intending
or knowing that the offense will, injure any owner of that
trade secret, knowingly--
``(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or
deception obtains such information;
[[Page 2690]]
``(2) without authorization copies, duplicates, sketches,
draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails,
communicates, or conveys such information;
``(3) receives, buys, or possesses such information,
knowing the same to have been stolen or appropriated,
obtained, or converted without authorization;
``(4) attempts to commit any offense described in
paragraphs (1) through (3); or
``(5) conspires with one or more other persons to commit
any offense described in paragraphs (1) through (3), and one
or more of such persons do any act to effect the object of
the conspiracy,
shall, except as provided in subsection (b), be fined under
this title or imprisoned not more than 10 years, or both.
``(b) Any organization that commits any offense described
in subsection (a) shall be fined not more than $5,000,000.
``Sec. 1833. Exceptions to prohibitions
``This chapter does not prohibit--
``(1) any otherwise lawful activity conducted by a
governmental entity of the United States, a State, or a
political subdivision of a State; or
``(2) the reporting of a suspected violation of law to any
governmental entity of the United States, a State, or a
political subdivision of a State, if such entity has lawful
authority with respect to that violation.
``Sec. 1834. Criminal forfeiture
``(a) The court, in imposing sentence on a person for a
violation of this chapter, shall order, in addition to any
other sentence imposed, that the person forfeit to the United
States--
``(1) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the person's property used, or intended to be
used, in any manner or part, to commit or facilitate the
commission of such violation, if the court in its discretion
so determines, taking into consideration the nature, scope,
and proportionality of the use of the property in the
offense.
``(b) Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administrative
or judicial proceeding in relation thereto, shall be governed
by section 413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), except for subsections
(d) and (j) of such section, which shall not apply to
forfeitures under this section.
``Sec. 1835. Orders to preserve confidentiality
``In any prosecution or other proceeding under this
chapter, the court shall enter such orders and take such
other action as may be necessary and appropriate to preserve
the confidentiality of trade secrets, consistent with the
requirements of the Federal Rules of Criminal and Civil
Procedure, the Federal Rules of Evidence, and all other
applicable laws. An interlocutory appeal by the United States
shall lie from a decision or order of a district court
authorizing or directing the disclosure of any trade secret.
``Sec. 1836. Civil proceedings to enjoin violations
``(a) The Attorney General may, in a civil action, obtain
appropriate injunctive relief against any violation of this
section.
``(b) The district courts of the United States shall have
exclusive original jurisdiction of civil actions under this
subsection.
``Sec. 1837. Applicability to conduct outside the United
States
This chapter also applies to conduct occurring outside the
United States if--
``(1) the offender is a natural person who is a citizen or
permanent resident alien of the United States, or an
organization organized under the laws of the United States or
a State or political subdivision thereof; or
``(2) an act in furtherance of the offense was committed in
the United States.
``Sec. 1838. Construction with other laws
``This chapter shall not be construed to preempt or
displace any other remedies, whether civil or criminal,
provided by United States Federal, State, commonwealth,
possession, or territory law for the misappropriation of a
trade secret, or to affect the otherwise lawful disclosure of
information by any Government employee under section 552 of
title 5 (commonly known as the Freedom of Information Act).
``Sec. 1839. Definitions
``As used in this chapter--
``(1) the term `foreign instrumentality' means any agency,
bureau, ministry, component, institution, association, or any
legal, commercial, or business organization, corporation,
firm, or entity that is substantially owned, controlled,
sponsored, commanded, managed, or dominated by a foreign
government;
``(2) the term `foreign agent' means any officer, employee,
proxy, servant, delegate, or representative of a foreign
government;
``(3) the term `trade secret' means all forms and types of
financial, business, scientific, technical, economic, or
engineering information, including patterns, plans,
compilations, program devices, formulas, designs, prototypes,
methods, techniques, processes, procedures, programs, or
codes, whether tangible or intangible, and whether or how
stored, compiled, or memorialized physically, electronically,
graphically, photographically, or in writing if--
``(A) the owner thereof has taken reasonable measures to
keep such information secret; and
``(B) the information derives independent economic value,
actual or potential, from not being generally known to, and
not being readily ascertainable through proper means by, the
public; and
``(4) the term `owner', with respect to a trade secret,
means the person or entity in whom or in which rightful legal
or equitable title to, or license in, the trade secret is
reposed.''.
(b) Clerical Amendment.--The table of chapters at the
beginning part I of title 18, United States Code, is amended
by inserting after the item relating to chapter 89 the
following:
(c) Reports.--Not later than 2 years and 4 years after the
date of the enactment of this Act, the Attorney General shall
report to Congress on the amounts received and distributed
from fines for offenses under this chapter deposited in the
Crime Victims Fund established by section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601).
``90. Protection of trade secrets..............................1831....
SEC. 102. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is
amended by inserting ``chapter 90 (relating to protection of
trade secrets),'' after ``chapter 37 (relating to
espionage),''.
TITLE II--NATIONAL INFORMATION INFRASTRUCTURE PROTECTION ACT OF 1996.
SEC. 201. COMPUTER CRIME.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``knowingly accesses'' and inserting
``having knowingly accessed'';
(ii) by striking ``exceeds'' and inserting ``exceeding'';
(iii) by striking ``obtains information'' and inserting
``having obtained information'';
(iv) by striking ``the intent or'';
(v) by striking ``is to be used'' and inserting ``could be
used''; and
(vi) by inserting before the semicolon at the end the
following: ``willfully communicates, delivers, transmits, or
causes to be communicated, delivered, or transmitted, or
attempts to communicate, deliver, transmit or cause to be
communicated, delivered, or transmitted the same to any
person not entitled to receive it, or willfully retains the
same and fails to deliver it to the officer or employee of
the United States entitled to receive it'';
(B) in paragraph (2)--
(i) by striking ``obtains information'' and inserting
``obtains--
``(A) information''; and
(ii) by adding at the end the following new subparagraphs:
``(B) information from any department or agency of the
United States; or
``(C) information from any protected computer if the
conduct involved an interstate or foreign communication;'';
(C) in paragraph (3)--
(i) by inserting ``nonpublic'' before ``computer of a
department or agency'';
(ii) by striking ``adversely''; and
(iii) by striking ``the use of the Government's operation
of such computer'' and inserting ``that use by or for the
Government of the United States'';
(D) in paragraph (4)--
(i) by striking ``Federal interest'' and inserting
``protected''; and
(ii) by inserting before the semicolon the following: ``and
the value of such use is not more than $5,000 in any 1-year
period'';
(E) by striking paragraph (5) and inserting the following:
``(5)(A) knowingly causes the transmission of a program,
information, code, or command, and as a result of such
conduct, intentionally causes damage without authorization,
to a protected computer;
``(B) intentionally accesses a protected computer without
authorization, and as a result of such conduct, recklessly
causes damage; or
``(C) intentionally accesses a protected computer without
authorization, and as a result of such conduct, causes
damage;''; and
(F) by inserting after paragraph (6) the following new
paragraph:
``(7) with intent to extort from any person, firm,
association, educational institution, financial institution,
government entity, or other legal entity, any money or other
thing of value, transmits in interstate or foreign commerce
any communication containing any threat to cause damage to a
protected computer;'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``such subsection'' each
place that term appears and inserting ``this section'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``, (a)(5)(C),'' after ``(a)(3)''; and
(II) by striking ``such subsection'' and inserting ``this
section'';
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting immediately after subparagraph (A) the
following:
``(B) a fine under this title or imprisonment for not more
than 5 years, or both, in the case of an offense under
subsection (a)(2), if--
``(i) the offense was committed for purposes of commercial
advantage or private financial gain;
``(ii) the offense was committed in furtherance of any
criminal or tortious act in viola
[[Page 2691]]
tion of the Constitution or laws of the United States or of
any State; or
``(iii) the value of the information obtained exceeds
$5,000;''; and
(iv) in subparagraph (C) (as redesignated)--
(I) by striking ``such subsection'' and inserting ``this
section''; and
(II) by adding ``and'' at the end;
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``(a)(4) or (a)(5)(A)'' and inserting
``(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)''; and
(II) by striking ``such subsection'' and inserting ``this
section''; and
(ii) in subparagraph (B)--
(I) by striking ``(a)(4) or (a)(5)'' and inserting
``(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)''; and
(II) by striking ``such subsection'' and inserting ``this
section''; and
(D) by striking paragraph (4);
(3) in subsection (d), by inserting ``subsections
(a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of''
before ``this section.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``Federal interest'' and inserting
``protected'';
(ii) in subparagraph (A), by striking ``the use of the
financial institution's operation or the Government's
operation of such computer'' and inserting ``that use by or
for the financial institution or the Government''; and
(iii) by striking subparagraph (B) and inserting the
following:
``(B) which is used in interstate or foreign commerce or
communication;'';
(B) in paragraph (6), by striking ``and'' at the end;
(C) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraphs:
``(8) the term `damage' means any impairment to the
integrity or availability of data, a program, a system, or
information, that--
``(A) causes loss aggregating at least $5,000 in value
during any 1-year period to one or more individuals;
``(B) modifies or impairs, or potentially modifies or
impairs, the medical examination, diagnosis, treatment, or
care of one or more individuals;
``(C) causes physical injury to any person; or
``(D) threatens public health or safety; and
``(9) the term `government entity' includes the Government
of the United States, any State or political subdivision of
the United States, any foreign country, and any state,
province, municipality, or other political subdivision of a
foreign country.''; and
(5) in subsection (g)--
(A) by striking ``, other than a violation of subsection
(a)(5)(B),''; and
(B) by striking ``of any subsection other than subsection
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)'' and
inserting ``involving damage as defined in subsection
(e)(8)(A)''.
TITLE III--TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY
SEC. 301. TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF
INSANITY.
(a) Amendment of Section 4243 of Title 18.--Section 4243 of
title 18, United States Code, is amended by adding at the end
the following new subsection:
``(i) Certain Persons Found Not Guilty by Reason of
Insanity in the District of Columbia.--
``(1) Transfer to custody of the attorney general.--
Notwithstanding section 301(h) of title 24 of the District of
Columbia Code, and notwithstanding subsection 4247(j) of this
title, all persons who have been committed to a hospital for
the mentally ill pursuant to section 301(d)(1) of title 24 of
the District of Columbia Code, and for whom the United States
has continuing financial responsibility, may be transferred
to the custody of the Attorney General, who shall hospitalize
the person for treatment in a suitable facility.
``(2) Application.--
``(A) In general.--The Attorney General may establish
custody over such persons by filing an application in the
United States District Court for the District of Columbia,
demonstrating that the person to be transferred is a person
described in this subsection.
``(B) Notice.--The Attorney General shall, by any means
reasonably designed to do so, provide written notice of the
proposed transfer of custody to such person or such person's
guardian, legal representative, or other lawful agent. The
person to be transferred shall be afforded an opportunity,
not to exceed 15 days, to respond to the proposed transfer of
custody, and may, at the court's discretion, be afforded a
hearing on the proposed transfer of custody. Such hearing, if
granted, shall be limited to a determination of whether the
constitutional rights of such person would be violated by the
proposed transfer of custody.
``(C) Order.--Upon application of the Attorney General, the
court shall order the person transferred to the custody of
the Attorney General, unless, pursuant to a hearing under
this paragraph, the court finds that the proposed transfer
would violate a right of such person under the United States
Constitution.
``(D) Effect.--Nothing in this paragraph shall be construed
to--
``(i) create in any person a liberty interest in being
granted a hearing or notice on any matter;
``(ii) create in favor of any person a cause of action
against the United States or any officer or employee of the
United States; or
``(iii) limit in any manner or degree the ability of the
Attorney General to move, transfer, or otherwise manage any
person committed to the custody of the Attorney General.
``(3) Construction with other sections.--Subsections (f)
and (g) and section 4247 shall apply to any person
transferred to the custody of the Attorney General pursuant
to this subsection.''.
(b) Transfer of Records.--Notwithstanding any provision of
the District of Columbia Code or any other provision of law,
the District of Columbia and St. Elizabeth's Hospital--
(1) not later than 30 days after the date of enactment of
this Act, shall provide to the Attorney General copies of all
records in the custody or control of the District or the
Hospital on such date of enactment pertaining to persons
described in section 4243(i) of title 18, United States Code
(as added by subsection (a));
(2) not later than 30 days after the creation of any
records by employees, agents, or contractors of the District
of Columbia or of St. Elizabeth's Hospital pertaining to
persons described in section 4243(i) of title 18, United
States Code, provide to the Attorney General copies of all
such records created after the date of enactment of this Act;
(3) shall not prevent or impede any employee, agent, or
contractor of the District of Columbia or of St. Elizabeth's
Hospital who has obtained knowledge of the persons described
in section 4243(i) of title 18, United States Code, in the
employee's professional capacity from providing that
knowledge to the Attorney General, nor shall civil or
criminal liability attach to such employees, agents, or
contractors who provide such knowledge; and
(4) shall not prevent or impede interviews of persons
described in section 4243(i) of title 18, United States Code,
by representatives of the Attorney General, if such persons
voluntarily consent to such interviews.
(c) Clarification of Effect on Certain Testimonial
Privileges.--The amendments made by this section shall not be
construed to affect in any manner any doctor-patient or
psychotherapist-patient testimonial privilege that may be
otherwise applicable to persons found not guilty by reason of
insanity and affected by this section.
(d) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section and the
amendments made by this section shall not be affected
thereby.
TITLE IV--ESTABLISHING BOYS AND GIRLS CLUBS.
SEC. 401. ESTABLISHING BOYS AND GIRLS CLUBS.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds that--
(A) the Boys and Girls Clubs of America, chartered by an
Act of Congress on December 10, 1991, during its 90-year
history as a national organization, has proven itself as a
positive force in the communities it serves;
(B) there are 1,810 Boys and Girls Clubs facilities
throughout the United States, Puerto Rico, and the United
States Virgin Islands, serving 2,420,000 youths nationwide;
(C) 71 percent of the young people who benefit from Boys
and Girls Clubs programs live in our inner cities and urban
areas;
(D) Boys and Girls Clubs are locally run and have been
exceptionally successful in balancing public funds with
private sector donations and maximizing community
involvement;
(E) Boys and Girls Clubs are located in 289 public housing
sites across the Nation;
(F) public housing projects in which there is an active
Boys and Girls Club have experienced a 25 percent reduction
in the presence of crack cocaine, a 22 percent reduction in
overall drug activity, and a 13 percent reduction in juvenile
crime;
(G) these results have been achieved in the face of
national trends in which overall drug use by youth has
increased 105 percent since 1992 and 10.9 percent of the
Nation's young people use drugs on a monthly basis; and
(H) many public housing projects and other distressed areas
are still underserved by Boys and Girls Clubs.
(2) Purpose.--It is the purpose of this section to provide
adequate resources in the form of seed money for the Boys and
Girls Clubs of America to establish 1,000 additional local
Boys and Girls Clubs in public housing projects and other
distressed areas by 2001.
(b) Definitions.--For purposes of this section--
(1) the terms ``public housing'' and ``project'' have the
same meanings as in section 3(b) of the United States Housing
Act of 1937; and
(2) the term ``distressed area'' means an urban, suburban,
or rural area with a high percentage of high risk youth as
defined in section 509A of the Public Health Service Act (42
U.S.C. 290aa-8(f)).
(c) Establishment.--
(1) In general.--For each of the fiscal years 1997, 1998,
1999, 2000, and 2001, the Director of the Bureau of Justice
Assistance of the Department of Justice shall provide a grant
to the Boys and Girls Clubs of America for the purpose of
establishing Boys and Girls Clubs in public housing projects
and other distressed areas.
(2) Contracting authority.--Where appropriate, the
Secretary of Housing and Urban Development, in consultation
with the Attorney General, shall enter into contracts
[[Page 2692]]
with the Boys and Girls Clubs of America to establish clubs
pursuant to the grants under paragraph (1).
(d) Report.--Not later than May 1 of each fiscal year for
which amounts are made available to carry out this Act, the
Attorney General shall submit to the Committees on the
Judiciary of the Senate and the House of Representatives a
report that details the progress made under this Act in
establishing Boys and Girls Clubs in public housing projects
and other distressed areas, and the effectiveness of the
programs in reducing drug abuse and juvenile crime.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $20,000,000 for fiscal year 1997;
(B) $20,000,000 for fiscal year 1998;
(C) $20,000,000 for fiscal year 1999;
(D) $20,000,000 for fiscal year 2000; and
(E) $20,000,000 for fiscal year 2001.
(2) Violent crime reduction trust fund.--The sums
authorized to be appropriated by this subsection may be made
from the Violent Crime Reduction Trust Fund.
TITLE V--USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL CONDUCT
SEC. 501. USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL
CONDUCT.
(a) Information.--The Administrative Office of the United
States courts shall establish policies and procedures for the
inclusion in all presentence reports of information that
specifically identifies and describes any use of encryption
or scrambling technology that would be relevant to an
enhancement under section 3C1.1 (dealing with Obstructing or
Impeding the Administration of Justice) of the Sentencing
Guidelines or to offense conduct under the Sentencing
Guidelines.
(b) Compiling and Report.--The United States Sentencing
Commission shall--
(1) compile and analyze any information contained in
documentation described in subsection (a) relating to the use
of encryption or scrambling technology to facilitate or
conceal criminal conduct; and
(2) based on the information compiled and analyzed under
paragraph (1), annually report to the Congress on the nature
and extent of the use of encryption or scrambling technology
to facilitate or conceal criminal conduct.
TITLE VI--TECHNICAL AND MINOR AMENDMENTS
SEC. 601. GENERAL TECHNICAL AMENDMENTS.
(a) Further Corrections to Misleading Fine Amounts and
Related Typographical Errors.--
(1) Sections 152, 153, 154, and 610 of title 18, United
States Code, are each amended by striking ``fined not more
than $5,000'' and inserting ``fined under this title''.
(2) Section 970(b) of title 18, United States Code, is
amended by striking ``fined not more than $500'' and
inserting ``fined under this title''.
(3) Sections 661, 1028(b), 1361, and 2701(b) of title 18,
United States Code, are each amended by striking ``fine of
under'' each place it appears and inserting ``fine under''.
(4) Section 3146(b)(1)(A)(iv) of title 18, United States
Code, is amended by striking ``a fined under this title'' and
inserting ``a fine under this title''.
(5) The section 1118 of title 18, United States Code, that
was enacted by Public Law 103-333--
(A) is redesignated as section 1122; and
(B) is amended in subsection (c) by--
(i) inserting ``under this title'' after ``fine''; and
(ii) striking ``nor more than $20,000''.
(6) The table of sections at the beginning of chapter 51 of
title 18, United States Code, is amended by adding at the end
the following new item:
``1122. Protection against the human immunodeficiency virus.''.
(7) Sections 1761(a) and 1762(b) of title 18, United States
Code, are each amended by striking ``fined not more than
$50,000'' and inserting ``fined under this title''.
(8) Sections 1821, 1851, 1852, 1853, 1854, 1905, 1916,
1918, 1991, 2115, 2116, 2191, 2192, 2194, 2199, 2234, 2235,
and 2236 of title 18, United States Code, are each amended by
striking ``fined not more than $1,000'' each place it appears
and inserting ``fined under this title''.
(9) Section 1917 of title 18, United States Code, is
amended by striking ``fined not less than $100 nor more than
$1,000'' and inserting ``fined under this title not less than
$100''.
(10) Section 1920 of title 18, United States Code, is
amended--
(A) by striking ``of not more than $250,000'' and inserting
``under this title''; and
(B) by striking ``of not more than $100,000'' and inserting
``under this title''.
(11) Section 2076 of title 18, United States Code, is
amended by striking ``fined not more than $1,000 or
imprisoned not more than one year'' and inserting ``fined
under this title or imprisoned not more than one year, or
both''.
(12) Section 597 of title 18, United States Code, is
amended by striking ``fined not more than $10,000'' and
inserting ``fined under this title''.
(b) Cross Reference Corrections and Corrections of
Typographical Errors.--
(1) Section 3286 of title 18, United States Code, is
amended--
(A) by striking ``2331'' and inserting ``2332'';
(B) by striking ``2339'' and inserting ``2332a''; and
(C) by striking ``36'' and inserting ``37''.
(2) Section 2339A(b) of title 18, United States Code, is
amended--
(A) by striking ``2331'' and inserting ``2332'';
(B) by striking ``2339'' and inserting ``2332a'';
(C) by striking ``36'' and inserting ``37''; and
(D) by striking ``of an escape'' and inserting ``or an
escape''.
(3) Section 1961(1)(D) of title 18, United States Code, is
amended by striking ``that title'' and inserting ``this
title''.
(4) Section 2423(b) of title 18, United States Code, is
amended by striking ``2245'' and inserting ``2246''.
(5) Section 3553(f) of title 18, United States Code, is
amended by striking ``section 1010 or 1013 of the Controlled
Substances Import and Export Act (21 U.S.C. 961, 963)'' and
inserting ``section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960, 963)''.
(6) Section 3553(f)(4) of title 18, United States Code, is
amended by striking ``21 U.S.C. 848'' and inserting ``section
408 of the Controlled Substances Act''.
(7) Section 3592(c)(1) of title 18, United States Code, is
amended by striking ``2339'' and inserting ``2332a''.
(c) Simplification and Clarification of Wording.--
(1) The third undesignated paragraph of section 5032 of
title 18, United States Code, is amended by inserting ``or as
authorized under section 3401(g) of this title'' after
``shall proceed by information''.
(2) Section 1120 of title 18, United States Code, is
amended by striking ``Federal prison'' each place it appears
and inserting ``Federal correctional institution''.
(3) Section 247(d) of title 18, United States Code, is
amended by striking ``notification'' and inserting
``certification''.
(d) Correction of Paragraph Connectors.--Section 2516(1) of
title 18, United States Code, is amended--
(1) in paragraph (l), by striking ``or'' after the
semicolon; and
(2) in paragraph (n), by striking ``and'' where it appears
after the semicolon and inserting ``or''.
(e) Correction Capitalization of Items in List.--Section
504 of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``the'' the first place
it appears and inserting ``The''; and
(2) in paragraph (3), by striking ``the'' the first place
it appears and inserting ``The''.
(f) Corrections of Punctuation and Other Erroneous Form.--
(1) Section 656 of title 18, United States Code, is amended
in the first paragraph by striking ``Act,,'' and inserting
``Act,''.
(2) Section 1114 of title 18, United States Code, is
amended by striking ``1112.'' and inserting ``1112,''.
(3) Section 504(3) of title 18, United States Code, is
amended by striking ``importation, of'' and inserting
``importation of''.
(4) Section 3059A(a)(1) of title 18, United States Code, is
amended by striking ``section 215 225,,'' and inserting
``section 215, 225,''.
(5) Section 3125(a) of title 18, United States Code, is
amended by striking the close quotation mark at the end.
(6) Section 1956(c)(7)(B)(iii) of title 18, United States
Code, is amended by striking ``1978)'' and inserting
``1978''.
(7) The item relating to section 656 in the table of
sections at the beginning of chapter 31 of title 18, United
States Code, is amended by inserting a comma after
``embezzlement''.
(8) The item relating to section 1024 in the table of
sections at the beginning of chapter 47 of title 18, United
States Code, is amended by striking ``veterans''' and
inserting ``veteran's''.
(9) Section 3182 (including the heading of such section)
and the item relating to such section in the table of
sections at the beginning of chapter 209, of title 18, United
States Code, are each amended by inserting a comma after
``District'' each place it appears.
(10) The item relating to section 3183 in the table of
sections at the beginning of chapter 209 of title 18, United
States Code, is amended by inserting a comma after
``Territory''.
(11) The items relating to section 2155 and 2156 in the
table of sections at the beginning of chapter 105 of title
18, United States Code, are each amended by striking ``or''
and inserting ``, or''.
(12) The headings for sections 2155 and 2156 of title 18,
United States Code, are each amended by striking ``or'' and
inserting ``, or''.
(13) Section 1508 of title 18, United States Code, is
amended by realigning the matter beginning ``shall be fined''
and ending ``one year, or both.'' so that it is flush to the
left margin.
(14) The item relating to section 4082 in the table of
sections at the beginning of chapter 305 of title 18, United
States Code, is amended by striking ``centers,'' and
inserting ``centers;''.
(15) Section 2101(a) of title 18, United States Code, is
amended by striking ``(1)'' and by redesignating
subparagraphs (A) through (D) as paragraphs (1) through (4),
respectively.
(16) Section 5038 of title 18, United States Code, is
amended by striking ``section 841, 952(a), 955, or 959 of
title 21'' each place it appears and inserting ``section 401
of the Controlled Substances Act or section 1001(a), 1005, or
1009 of the Controlled Substances Import and Export Act''.
(g) Corrections of Problems Arising From Uncoordinated
Amendments.--
(1) Section 5032.--The first undesignated paragraph of
section 5032 of title 18, United States Code, is amended--
(A) by inserting ``section 922(x)'' before ``or section
924(b)''; and
[[Page 2693]]
(B) by striking ``or (x)''.
(2) Striking material unsuccessfully attempted to be
stricken from section 1116 by public law 103-322.--Subsection
(a) of section 1116 of title 18, United States Code, is
amended by striking ``, except'' and all that follows through
the end of such subsection and inserting a period.
(3) Elimination of duplicate amendment in section 1958.--
Section 1958(a) of title 18, United States Code, is amended
by striking ``or who conspires to do so'' where it appears
following ``or who conspires to do so'' and inserting a
comma.
(h) Insertion of Missing End Quote.--Section 80001(a) of
the Violent Crime Control and Law Enforcement Act of 1994 is
amended by inserting a close quotation mark followed by a
period at the end.
(i) Redesignation of Duplicate Section Numbers and
Conforming Clerical Amendments.--
(1) Redesignation.--That section 2258 added to title 18,
United States Code, by section 160001(a) of the Violent Crime
Control and Law Enforcement Act of 1994 is redesignated as
section 2260.
(2) Conforming clerical amendment.--The item in the table
of sections at the beginning of chapter 110 of title 18,
United States Code, relating to the section redesignated by
paragraph (1) is amended by striking ``2258'' and inserting
``2260''.
(3) Conforming amendment to cross-reference.--Section
1961(1)(B) of title 18, United States Code, is amended by
striking ``2258'' and inserting ``2260''.
(j) Redesignation of Duplicate Chapter Number and
Conforming Clerical Amendment.--
(1) Redesignation.--The chapter 113B added to title 18,
United States Code, by Public Law 103-236 is redesignated
chapter 113C.
(2) Conforming clerical amendment.--The table of chapters
at the beginning of part I of title 18, United States Code is
amended in the item relating to the chapter redesignated by
paragraph (1)--
(A) by striking ``113B'' and inserting ``113C''; and
(B) by striking ``2340.'' and inserting ``2340''.
(k) Redesignation of Duplicate Paragraph Numbers and
Correction of Placement of Paragraphs in Section 3563.--
(1) Redesignation.--Section 3563(a) of title 18, United
States Code, is amended by redesignating the second paragraph
(4) as paragraph (5).
(2) Conforming connector change.--Section 3563(a) of title
18, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (3); and
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''.
(3) Placement correction.--Section 3563(a) of title 18,
United States Code, is amended so that paragraph (4) and the
paragraph redesignated as paragraph (5) by this subsection
are transferred to appear in numerical order immediately
following paragraph (3) of such section 3563(a).
(l) Redesignation of Duplicate Paragraph Numbers in Section
1029 and Conforming Amendments Related Thereto.--Section 1029
of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating those paragraphs (5) and (6) which
were added by Public Law 103-414 as paragraphs (7) and (8),
respectively;
(B) by redesignating paragraph (7) as paragraph (9);
(C) by striking ``or'' at the end of paragraph (6) and at
the end of paragraph (7) as so redesignated by this
subsection; and
(D) by inserting ``or'' at the end of paragraph (8) as so
redesignated by this subsection;
(2) in subsection (e), by redesignating the second
paragraph (7) as paragraph (8); and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``or (7)'' and inserting
``(7), (8), or (9)''; and
(B) in paragraph (2), by striking ``or (6)'' and inserting
``(6), (7), or (8)''.
(m) Insertion of Missing Subsection Heading.--Section
1791(c) of title 18, United States Code, is amended by
inserting after ``(c)'' the following subsection heading:
``Consecutive Punishment Required in Certain Cases.--''.
(n) Correction of Misspelling.--Section 2327(c) of title
18, United States Code, is amended by striking ``delegee''
each place it appears and inserting ``designee''.
(o) Correction of Spelling and Agency Reference.--Section
5038(f) of title 18, United States Code, is amended--
(1) by striking ``juvenille'' and inserting ``juvenile'',
and
(2) by striking ``the Federal Bureau of Investigation,
Identification Division,'' and inserting ``the Federal Bureau
of Investigation''.
(p) Correcting Misplaced Word.--Section 1028(a) of title
18, United States Code, is amended by striking ``or'' at the
end of paragraph (4) and inserting ``or'' at the end of
paragraph (5).
(q) Stylistic Correction.--Section 37(c) of title 18,
United States Code, is amended by inserting after ``(c)'' the
following subsection heading: ``Bar to Prosecution.--''.
(r) Mandatory Victim Restitution Act Amendments.--
(1) Order of restitution.--Section 3663 (a)(1)(A) of title
18, United States Code, is amended by adding at the end the
following: ``The court may also order, if agreed to by the
parties in a plea agreement, restitution to persons other
than the victim of the offense.''.
(2) Forfeiture.--Section 3663(c)(4) of title 18, United
States Code, is amended by inserting ``or chapter 96'' after
``under chapter 46''.
(3) Animal enterprise terrorism.--Section 43(c) of title
18, United States Code, is amended by inserting after
``3663'' the following: ``or 3663A''.
(4) Special assessment.--Section 3013(a)(2) of title 18,
United States Code, is amended by striking ``not less than''
each place that term appears.
(s) Clarifications to Antiterrorism and Effective Death
Penalty Act of 1996.
(1) Jurisdiction.--Section 2332b(b)(1)(A) of title 18,
United States Code, is amended by--
(A) striking ``any of the offenders uses''; and
(B) inserting ``is used'' after ``foreign commerce''.
(2) Providing material support.--Section 2339A(a) of title
18, United States Code, is amended by inserting ``or an
escape'' after ``concealment''.
(3) Technical amendments.--Sections 2339A(a) and
2332b(g)(5)(B) of title 18, United States Code, are each
amended by inserting at the appropriate place in each
section's enumeration of title 18 sections the following:
``930(c),'', ``1992,'', and ``2332c,''.
SEC. 602. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18
(a) Section 709 Amendment.--Section 709 of title 18, United
States Code, is amended by striking ``Whoever uses as a firm
or business name the words `Reconstruction Finance
Corporation' or any combination or variation of these words--
''.
(b) Section 1014 Amendment.--Section 1014 of title 18,
United States Code, is amended--
(1) by striking ``Reconstruction Finance Corporation,'';
(2) by striking ``Farmers' Home Corporation,''; and
(3) by striking ``of the National Agricultural Credit
Corporation,''.
(c) Section 798 Amendment.--Section 798(d)(5) of title 18,
United States Code, is amended by striking ``the Trust
Territory of the Pacific Islands,''.
(d) Section 281 Repeal.--Section 281 of title 18, United
States Code, is repealed and the table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to such section.
(e) Section 510 Amendment.--Section 510(b) of title 18,
United States Code, is amended by striking ``that in fact''
and all that follows through ``signature''.
SEC. 603. TECHNICAL AMENDMENTS RELATING TO CHAPTERS 40 AND 44
OF TITLE 18.
(a) Elimination of Double Commas in Section 844.--Section
844 of title 18, United States Code, is amended in subsection
(i) by striking ``,,'' each place it appears and inserting a
comma.
(b) Replacement of Comma With Semicolon in Section 922.--
Section 922(g)(8)(C)(ii) of title 18, United States Code, is
amended by striking the comma at the end and inserting a
semicolon.
(c) Clarification of Amendment to Section 922.--
(1) Amendment.--Section 320927 of the Violent Crime Control
and Law Enforcement Act of 1994 (P.L. 103-322) is amended by
inserting ``the first place it appears'' before the period.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 320927 of the Act referred to in paragraph (1) on the
date of the enactment of such Act.
(d) Stylistic Correction to Section 922.--Section 922(t)(2)
of title 18, United States Code, is amended by striking
``section 922(g)'' and inserting ``subsection (g)''.
(e) Elimination of Unnecessary Words.--Section 922(w)(4) of
title 18, United States Code, is amended by striking ``title
18, United States Code,'' and inserting ``this title''.
(f) Clarification of Placement of Provision.--
(1) Amendment.--Section 110201(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (P.L. 103-322) is
amended by striking ``adding at the end'' and inserting
``inserting after subsection (w)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 110201 of the Act referred to in paragraph (1) on the
date of the enactment of such Act.
(g) Correction of Typographical Errors in List of Certain
Weapons.--Appendix A to section 922 of title 18, United
States Code, is amended--
(1) in the category designated
``Centerfire Rifles--Lever & Slide'',
by striking
``Uberti 1866 Sporting Rilfe''
and inserting the following:
``Uberti 1866 Sporting Rifle'';
(2) in the category designated
``Centerfire Rifles--Bolt Action'',
by striking
``Sako Fiberclass Sporter''
and inserting the following:
``Sako FiberClass Sporter'';
(3) in the category designated
``Shotguns--Slide Actions'',
by striking
``Remington 879 SPS Special Purpose Magnum''
and inserting the following:
``Remington 870 SPS Special Purpose Magnum''; and
[[Page 2694]]
(4) in the category designated
``Shotguns--Over/Unders'',
by striking
``E.A.A/Sabatti Falcon-Mon Over/Under''
and inserting the following:
``E.A.A./Sabatti Falcon-Mon Over/Under''.
(h) Insertion of Missing Commas.--Section 103 of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922 note; Public
Law 103-159) is amended in each of subsections (e)(1), (g),
and (i)(2) by inserting a comma after ``United States Code''.
(i) Correction of Unexecutable Amendments Relating to the
Violent Crime Reduction Trust Fund.--
(1) Correction.--Section 210603(b) of the Violent Crime
Control and Law Enforcement Act of 1994 is amended by
striking ``Fund,'' and inserting ``Fund established by
section 1115 of title 31, United States Code,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 210603(b) of the Act referred to in paragraph (1) on
the date of the enactment of such Act.
(j) Correction of Unexecutable Amendment to Section 923.--
(1) Correction.--Section 201(1) of the Act, entitled ``An
Act to provide for a waiting period before the purchase of a
handgun, and for the establishment of a national instant
criminal background check system to be contacted by firearms
dealers before the transfer of any firearm.'' (Public Law
103-159), is amended by striking ``thereon,'' and inserting
``thereon''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
the Act referred to in paragraph (1) on the date of the
enactment of such Act.
(k) Correction of Punctuation and Indentation in Section
923.--Section 923(g)(1)(B)(ii) of title 18, United States
Code, is amended--
(1) by striking the period and inserting ``; or''; and
(2) by moving such clause 4 ems to the left.
(l) Redesignation of Subsection and Correction of
Indentation in Section 923.--Section 923 of title 18, United
States Code, is amended--
(1) by redesignating the last subsection as subsection (l);
and
(2) by moving such subsection 2 ems to the left.
(m) Correction of Typographical Error in Amendatory
Provision.--
(1) Correction.--Section 110507 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended--
(A) by striking ``924(a)'' and inserting ``924''; and
(B) in paragraph (2), by striking ``subsections'' and
inserting ``subsection''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if the amendments had been included in
section 110507 of the Act referred to in paragraph (1) on the
date of the enactment of such Act.
(n) Elimination of Duplicate Amendment.--Subsection (h) of
section 330002 of the Violent Crime Control and Law
Enforcement Act of 1994 is repealed and shall be considered
never to have been enacted.
(o) Redesignation of Paragraph in Section 924.--Section
924(a) of title 18, United States Code, is amended by
redesignating the 2nd paragraph (5) as paragraph (6).
(p) Elimination of Comma Erroneously Included in Amendment
to Section 924.--
(1) Amendment.--Section 110102(c)(2) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended by striking ``shotgun,'' and inserting
``shotgun''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 110102(c)(2) of the Act referred to in paragraph (1)
on the date of the enactment of such Act.
(q) Insertion of Close Parenthesis in Section 924.--Section
924(j)(3) of title 18, United States Code, is amended by
inserting a close parenthesis before the comma.
(r) Redesignation of Subsections in Section 924.--Section
924 of title 18, United States Code, is amended by
redesignating the 2nd subsection (i), and subsections (j),
(k), (l), (m), and (n) as subsections (j), (k), (l), (m),
(n), and (o), respectively.
(s) Correction of Erroneous Cross Reference in Amendatory
Provision.--Section 110504(a) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) is
amended by striking ``110203(a)'' and inserting ``110503''.
(t) Correction of Cross Reference in Section 930.--Section
930(e)(2) of title 18, United States Code, is amended by
striking ``(c)'' and inserting ``(d)''.
(u) Correction of Cross References in Section 930.--The
last subsection of section 930 of title 18, United States
Code, is amended--
(1) by striking ``(g)'' and inserting ``(h)''; and
(2) by striking ``(d)'' each place such term appears and
inserting ``(e)''.
SEC. 604. ADDITIONAL AMENDMENTS ARISING FROM ERRORS IN PUBLIC
LAW 103-322.
(a) Stylistic Corrections Relating to Tables of Sections.--
(1) The table of sections at the beginning of chapter 110A
of title 18, United States Code, is amended to read as
follows:
``Sec.
``2261. Interstate domestic violence.
``2262. Interstate violation of protection order.
``2263. Pretrial release of defendant.
``2264. Restitution.
``2265. Full faith and credit given to protection orders.
``2266. Definitions.''.
(2) Chapter 26 of title 18, United States Code, is amended
by inserting after the heading for such chapter the following
table of sections:
``Sec.
``521. Criminal street gangs.''.
(3) Chapter 123 of title 18, United States Code, is amended
by inserting after the heading for such chapter the following
table of sections:
``Sec.
``2721. Prohibition on release and use of certain personal information
from State motor vehicle records.
``2722. Additional unlawful acts.
``2723. Penalties.
``2724. Civil action.
``2725. Definitions.''.
(4) The item relating to section 3509 in the table of
sections at the beginning of chapter 223 of title 18, United
States Code, is amended by striking ``Victims''' and
inserting ``victims'''.
(b) Unit Reference Corrections, Removal of Duplicate
Amendments, and Other Similar Corrections.--
(1) Section 40503(b)(3) of Public Law 103-322 is amended by
striking ``paragraph (b)(1)'' and inserting ``paragraph
(1)''.
(2) Section 60003(a)(2) of Public Law 103-322 is amended by
striking ``at the end of the section'' and inserting ``at the
end of the subsection''.
(3) Section 3582(c)(1)(A)(i) of title 18, United States
Code, is amended by adding ``or'' at the end.
(4) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended by redesignating the second paragraph (43) as
paragraph (44).
(5) Subsections (a) and (b) of section 120005 of Public Law
103-322 are each amended by inserting ``at the end'' after
``adding''.
(6) Section 160001(f) of Public Law 103-322 is amended by
striking ``1961(l)'' and inserting ``1961(1)''.
(7) Section 170201(c) of Public Law 103-322 is amended by
striking paragraphs (1), (2), and (3).
(8) Subparagraph (D) of section 511(b)(2) of title 18,
United States Code, is amended by adjusting its margin to be
the same as the margin of subparagraph (C) and adjusting the
margins of its clauses so they are indented 2-ems further
than the margin of the subparagraph.
(9) Section 230207 of Public Law 103-322 is amended by
striking ``two'' and inserting ``2'' the first place it
appears.
(10) The first of the two undesignated paragraphs of
section 240002(c) of Public Law 103-322 is designated as
paragraph (1) and the second as paragraph (2).
(11) Section 280005(a) of Public Law 103-322 is amended by
striking ``Section 991 (a)'' and inserting ``Section
991(a)''.
(12) Section 320101 of Public Law 103-322 is amended--
(A) in subsection (b), by striking paragraph (1);
(B) in subsection (c), by striking paragraphs (1)(A) and
(2)(A);
(C) in subsection (d), by striking paragraph (3); and
(D) in subsection (e), by striking paragraphs (1) and (2).
(13) Section 320102 of Public Law 103-322 is amended by
striking paragraph (2).
(14) Section 320103 of Public Law 103-322 is amended--
(A) in subsection (a), by striking paragraph (1);
(B) in subsection (b), by striking paragraph (1); and
(C) in subsection (c), by striking paragraphs (1) and (3).
(15) Section 320103(e) of Public Law 103-322 is amended--
(A) in the subsection catchline, by striking ``Fair
Housing'' and inserting ``1968 Civil Rights''; and
(B) by striking ``of the Fair Housing Act'' and inserting
``of the Civil Rights Act of 1968''.
(16) Section 320109(1) of Public Law 103-322 is amended by
inserting an open quotation mark before ``(a) In General''.
(17) Section 320602(1) of Public Law 103-322 is amended by
striking ``whoever'' and inserting ``Whoever''.
(18) Section 668(a) of title 18, United States Code, is
amended--
(A) by designating the first undesignated paragraph that
begins with a quotation mark as paragraph (1);
(B) by designating the second undesignated paragraph that
begins with a quotation mark as paragraph (2); and
(C) by striking the close quotation mark and the period at
the end of the subsection.
(19) Section 320911(a) of Public Law 103-322 is amended in
each of paragraphs (1) and (2), by striking ``thirteenth''
and inserting ``14th''.
(20) Section 2311 of title 18, United States Code, is
amended by striking ``livestock'' where it appears in
quotation marks and inserting ``Livestock''.
(21) Section 540A(c) of title 28, United States Code, is
amended--
(A) by designating the first undesignated paragraph as
paragraph (1);
(B) by designating the second undesignated paragraph as
paragraph (2); and
(C) by designating the third undesignated paragraph as
paragraph (3).
[[Page 2695]]
(22) Section 330002(d) of Public Law 103-322 is amended by
striking ``the comma'' and inserting ``each comma''.
(23) Section 330004(18) of Public Law 103-322 is amended by
striking ``the Philippine'' and inserting ``Philippine''.
(24) Section 330010(17) of Public Law 103-322 is amended by
striking ``(2)(iii)'' and inserting ``(2)(A)(iii)''.
(25) Section 330011(d) of Public Law 103-322 is amended--
(A) by striking ``each place'' and inserting ``the first
place''; and
(B) by striking ``1169'' and inserting ``1168''.
(26) The item in the table of sections at the beginning of
chapter 53 of title 18, United States Code, that relates to
section 1169 is transferred to appear after the item relating
to section 1168.
(27) Section 901 of the Civil Rights Act of 1968 is amended
by striking ``under this title'' each place it appears and
inserting ``under title 18, United States Code,''.
(28) Section 223(a)(12)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A))
is amended by striking ``law).'' and inserting ``law)''.
(29) Section 250008(a)(2) of Public Law 103-322 is amended
by striking ``this Act'' and inserting ``provisions of law
amended by this title''.
(30) Section 36(a) of title 18, United States Code, is
amended--
(A) in paragraph (1), by striking ``403(c)'' and inserting
``408(c)''; and
(B) in paragraph (2), by striking ``Export Control'' and
inserting ``Export''.
(31) Section 1512(a)(2)(A) of title 18, United States Code,
is amended by adding ``and'' at the end.
(32) Section 13(b)(2)(A) of title 18, United States Code,
is amended by striking ``of not more than $1,000'' and
inserting ``under this title''.
(33) Section 160001(g)(1) of Public Law 103-322 is amended
by striking ``(a) Whoever'' and inserting ``Whoever''.
(34) Section 290001(a) of Public Law 103-322 is amended by
striking ``subtitle'' and inserting ``section''.
(35) Section 3592(c)(12) of title 18, United States Code,
is amended by striking ``Controlled Substances Act'' and
inserting ``Comprehensive Drug Abuse Prevention and Control
Act of 1970''.
(36) Section 1030 of title 18, United States Code, is
amended--
(A) by inserting ``or'' at the end of subsection
(a)(5)(B)(ii)(II)(bb);
(B) by striking ``and'' after the semicolon in subsection
(c)(1)(B);
(C) in subsection (g), by striking ``the section'' and
inserting ``this section''; and
(D) in subsection (h), by striking ``section 1030(a)(5) of
title 18, United States Code'' and inserting ``subsection
(a)(5)''.
(37) Section 320103(c) of Public Law 103-322 is amended by
striking the semicolon at the end of paragraph (2) and
inserting a close quotation mark followed by a semicolon.
(38) Section 320104(b) of Public Law 103-322 is amended by
striking the comma that follows ``2319 (relating to copyright
infringement)'' the first place it appears.
(39) Section 1515(a)(1)(D) of title 18, United States Code,
is amended by striking ``; or'' and inserting a semicolon.
(40) Section 5037(b) of title 18, United States Code, is
amended in each of paragraphs (1)(B) and (2)(B), by striking
``3561(b)'' and inserting ``3561(c)''.
(41) Section 330004(3) of Public Law 103-322 is amended by
striking ``thirteenth'' and inserting ``14th''.
(42) Section 2511(1)(e)(i) of title 18, United States Code,
is amended--
(A) by striking ``sections 2511(2)(A)(ii), 2511(b)-(c),
2511(e)'' and inserting ``sections 2511(2)(a)(ii),
2511(2)(b)-(c), 2511(2)(e)''; and
(B) by striking ``subchapter'' and inserting ``chapter''.
(43) Section 1516(b) of title 18, United States Code, is
amended by inserting ``and'' at the end of paragraph (1).
(44) The item relating to section 1920 in the table of
sections at the beginning of chapter 93 of title 18, United
States Code, is amended by striking ``employee's'' and
inserting ``employees'''.
(45) Section 330022 of Public Law 103-322 is amended by
inserting a period after ``communications'' and before the
close quotation mark.
(46) Section 2721(c) of title 18, United States Code, is
amended by striking ``covered by this title'' and inserting
``covered by this chapter''.
(c) Elimination of Extra Words.--
(1) Section 3561(b) of title 18, United States Code, is
amended by striking ``or any relative defendant, child, or
former child of the defendant,''.
(2) Section 351(e) of title 18, United States Code, is
amended by striking ``involved in the use of a'' and
inserting ``involved the use of a''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of Public Law 103-
322.
SEC. 605. ADDITIONAL TYPOGRAPHICAL AND SIMILAR ERRORS FROM
VARIOUS SOURCES.
(a) Misused Connector.--Section 1958(a) of title 18, United
States Code, is amended by striking ``this title and
imprisoned'' and inserting ``this title or imprisoned''.
(b) Spelling Error.--Effective on the date of its
enactment, section 961(h)(1) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 is amended by
striking ``Saving and Loan'' and inserting ``Savings and
Loan''.
(c) Wrong Section Designation.--The table of chapters for
part I of title 18, United States Code, is amended in the
item relating to chapter 71 by striking ``1461'' and
inserting ``1460''.
(d) Internal Cross Reference.--Section 2262(a)(1)(A)(ii) of
title 18, United States Code, is amended by striking
``subparagraph (A)'' and inserting ``this subparagraph''.
(e) Missing Comma.--Section 1361 of title 18, United States
Code, is amended by inserting a comma after ``attempts to
commit any of the foregoing offenses''.
(f) Cross Reference Error From Public Law 103-414.--The
first sentence of section 2703(d) of title 18, United States
Code, by striking ``3126(2)(A)'' and inserting
``3127(2)(A)''.
(g) Internal Reference Error in Public Law 103-359.--
Section 3077(8)(A) of title 18, United States Code, is
amended by striking ``title 18, United States Code'' and
inserting ``this title''.
(h) Spelling and Internal Reference Error in Section
3509.--Section 3509 of title 18, United States Code, is
amended--
(1) in subsection (e), by striking ``government's'' and
inserting ``Government's''; and
(2) in subsection (h)(3), by striking ``subpart'' and
inserting ``paragraph''.
(i) Error in Subdivision From Public Law 103-329.--Section
3056(a)(3) of title 18, United States Code, is amended by
redesignating subparagraphs (1) and (2) as subparagraphs (A)
and (B), respectively and moving the margins of such
subparagraphs 2 ems to the right.
(j) Table of Contents Correction.--The table of contents at
the beginning of the Antiterrorism and Effective Death
Penalty Act of 1996 is amended by inserting ``title i--habeas
corpus reform'' before the item relating to section 101.
(k) Correcting Error in Amendatory Instructions.--Section
107(b) of the Antiterrorism and Effective Death Penalty Act
of 1996 is amended by striking ``IV'' and inserting ``VI''.
(l) Correcting Error in Description of Provision Amended.--
With respect to subparagraph (F) only of paragraph (1) of
section 205(a) of the Antiterrorism and Effective Death
Penalty Act of 1996, the reference at the beginning of such
paragraph to ``subsection (a)(1)'' shall be deemed a
reference to ``subsection (a)''.
(m) Addition of Missing Reference.--Section 725(2) of the
Antiterrorism and Effective Death Penalty Act of 1996 is
amended by inserting ``(2)'' after ``subsection (b)''.
(n) Conforming Amendment to Table of Sections.--The table
of sections at the beginning of chapter 203 of title 18,
United States Code, is amended by inserting after the item
relating to section 3059A the following new item:
``3059B. General reward authority.''.
(o) Insertion of Missing Punctuation.--Section 6005(b)(3)
of title 18, United States Code, is amended by adding a
period at the end.
(p) Correction of Erroneous Section Number.--
(1) Section 2401 of title 18, United States Code, is
redesignated as section 2441.
(2) The item relating to section 2401 in the table of
sections at the beginning of chapter 118 of title 18, United
States Code, is amended by striking ``2401'' and inserting
``2441''.
(3) The table of chapters for part I of title 18, United
States Code, is amended in the item relating to chapter 118,
by striking ``2401'' and inserting ``2441''.
(q) Duplicate section number.--That section 2332d of title
18, United States Code, that relates to requests for military
assistance to enforce prohibition in certain emergencies is
redesignated as section 2332e and moved to follow the section
2332d that relates to financial transactions, and the item
relating to the section redesignated by this subsection is
amended by striking ``2332d` and inserting ``2332e'' and
moved to follow the item relating to the section 2332d that
relates to financial transactions.
(r) Correction of Word Usage.--Section 247(d) of title 18,
United States Code, is amended by striking ``notification''
and inserting ``certification''.
SEC. 606. ADJUSTING AND MAKING UNIFORM THE DOLLAR AMOUNTS
USED IN TITLE 18 TO DISTINGUISH BETWEEN GRADES
OF OFFENSES.
(a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648,
649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661,
662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113
of title 18, United States Code, are amended by striking
``$100'' each place it appears and inserting ``$1,000''.
(b) Section 510 of title 18, United States Code, is amended
by striking ``$500'' and inserting ``$1,000''.
SEC. 607. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND
TERRITORIES.
(a) Sections 241 and 242 of title 18, United States Code,
are each amended by striking ``any State, Territory, or
District'' and inserting ``any State, Territory,
Commonwealth, Possession, or District''.
(b) Sections 793(h)(1) and 794(d)(1) of title 18, United
States Code, are each amended by adding at the end the
following: ``For the purposes of this subsection, the term
`State' includes a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession
of the United States.''.
(c) Section 925(a)(5) of title 18, United States Code, is
amended by striking ``For the purpose of paragraphs (3) and
(4)'' and inserting ``For the purpose of paragraph (3)''.
(d) Sections 1014 and 2113(g) of title 18, United States
Code, are each amended by adding at the end the following:
``The term
[[Page 2696]]
`State-chartered credit union' includes a credit union
chartered under the laws of a State of the United States, the
District of Columbia, or any commonwealth, territory, or
possession of the United States.''.
(e) Section 1073 of title 18, United States Code, is
amended by adding at the end of the first paragraph the
following: ``For the purposes of clause (3) of this
paragraph, the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(f) Section 1715 of title 18, United States Code, is
amended by striking ``State, Territory, or District'' each
place those words appear and inserting ``State, Territory,
Commonwealth, Possession, or District''.
(g) Section 1716 of title 18, United States Code, is
amended--
(1) in subsection (g)(2) by striking ``State, Territory, or
the District of Columbia'' and inserting ``State'';
(2) in subsection (g)(3) by striking ``the municipal
government of the District of Columbia or of the government
of any State or territory, or any county, city, or other
political subdivision of a State'' and inserting ``any State,
or any political subdivision of a State''; and
(3) by adding at the end the following:
``(j) For purposes of this section, the term `State'
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of
the United States.''.
(h) Section 1761 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(d) For the purposes of this section, the term `State'
means a State of the United States and any commonwealth,
territory, or possession of the United States.''.
(i) Section 3156(a) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (4); and
(3) by adding at the end the following new paragraph:
``(5) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(j) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended--
(1) by amending paragraph (26) to read as follows:
``(26) The term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.''; and
(2) by redesignating paragraph (43), as added by section
90105(d) of the Violent Crime Control and Law Enforcement Act
of 1994, as paragraph (44).
(k) Section 1121 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(c) For the purposes of this section, the term `State'
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.''.
(l) Section 228(d)(2) of title 18, United States Code, is
amended by inserting ``commonwealth,'' before ``possession or
territory of the United States''.
(m) Section 1546(c) of title 18, United States Code, is
amended by adding at the end the following: ``For purposes of
this section, the term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(n) Section 1541 of title 18, United States Code, is
amended--
(1) in the first undesignated paragraph, by striking ``or
possession''; and
(2) by adding at the end the following new paragraph:
``For purposes of this section, the term `State' means a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.''.
(o) Section 37(c) of title 18, United States Code, is
amended in the final sentence by inserting before the period
the following: ``, and the term `State' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States''.
(p) Section 2281(c) of title 18, United States Code, is
amended in the final sentence by inserting before the period
the following: ``, and the term `State' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States''.
(q) Section 521(a) of title 18, United States Code, is
amended by adding at the end the following: `` `State' means
a State of the United States, the District of Columbia, and
any commonwealth, territory, or possession of the United
States.''.
A motion to reconsider the vote whereby said Senate amendment was
agreed to with an amendment was, by unanimous consent, laid on the
table.
Ordered, That the Clerk request the concurrence of the Senate in said
amendment.
para.117.79 joshua lawrence chamberlain post office building
On motion of Mr. McHUGH, by unanimous consent, the bill of the Senate
(S. 2153) to designate the United States Post Office building located in
Brewer, Maine, as the ``Joshua Lawrence Chamberlain Post Office
Building''; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.80 amos f. longoria post office buillding
On motion of Mr. McHUGH, by unanimous consent, the bill (H.R. 2700) to
designate the United States Post Office building located at 7980 FM 327,
Elmendorf, Texas, as the ``Amos F. Longoria Post Office Building'';
together with the following amendment of the Senate thereto, was taken
from the Speaker's table:
Page 2, after line 9 insert:
SEC. 2. INSTITUTION OF HIGHER EDUCATION.
Paragraph (3) of section 3626(b) of title 39, United States
Code, is amended by striking the period and inserting ``, and
includes a nonprofit organization that coordinates a network
of college-level courses that is sponsored primarily by
nonprofit educational institutions for an older adult
constituency.''.
On motion of Mr. McHUGH, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.81 ballast water management
On motion of Mr. BOEHLERT, by unanimous consent, the Committee on
Transportation and Infrastructure and the Committee on Resources were
discharged from further consideration of the bill (H.R. 4283) to provide
for ballast water management to prevent introduction and spread of
nonindigenous species into the waters of the United States, and for
other purposes.
When said bill was considered, read twice, ordered to be engrossed and
read a third time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk request the concurrence of the Senate in said
bill.
para.117.82 clerk to correct engrossment
On motion of Mr. BOEHLERT, by unanimous consent,
Ordered, That the Clerk be authorized to make technical and conforming
changes in the engrossment of the foregoing bill.
para.117.83 trade laws corrections and amendments
On motion of Mr. CRANE, by unanimous consent, the bill (H.R. 3815) to
make technical corrections and miscellaneous amendments to trade laws;
together with the following amendment of the Senate thereto, was taken
from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Miscellaneous Trade and Technical Corrections Act of
1996''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Payment of duties and fees.
Sec. 3. Other technical and conforming amendments.
Sec. 4. Clarification regarding the application of customs user fees.
Sec. 5. Technical amendment to the Customs and Trade Act of 1990.
Sec. 6. Clarification of fees for certain customs services.
Sec. 7. Special rule for extending time for filing drawback claims.
Sec. 8. Treatment of entries of certain televisions.
Sec. 9. Temporary duty suspension for personal effects of participants
in certain world athletic events.
Sec. 10. Miscellaneous technical correction.
Sec. 11. Uruguay Round Agreements Act.
Sec. 12. Imports of civil aircraft.
Sec. 13. Technical correction to certain chemical description.
Sec. 14. Marking of certain imported articles and containers.
Sec. 15. Tariff treatment of certain silver, gold, and platinum bars.
Sec. 16. Suspension of duty on certain semimanufactured forms of gold.
Sec. 17. Elimination of East-West Trade Statistics Monitoring System.
Sec. 18. Retroactive election to reconcile entries.
Sec. 19. Tariff treatment for certain motor vehicles.
Sec. 20. Technical amendments relating to Public Law 103-465.
[[Page 2697]]
Sec. 21. Technical amendments relating to Public Law 103-182.
Sec. 22. Technical amendment regarding judicial review.
Sec. 23. Reliquidation of entries of warp knitting machines.
Sec. 24. Temporary suspension of duty on diclofop-methyl.
Sec. 25. Elimination of duty on 2-amino-3-chlorobenzoic acid, methyl
ester.
Sec. 26. Elimination of duty on 3,3'-diaminobenzidine (tetraamino
biphenyl).
Sec. 27. Certain unliquidated vessel repair entries.
Sec. 28. Duty on display fireworks.
Sec. 29. Personal allowance duty exemption for merchandise purchased in
a duty-free sales enterprise.
Sec. 30. Temporary duty suspension for certain motorcycles.
Sec. 31. Deferral of duty on certain production equipment.
Sec. 32. Temporary suspension of duty on thidiazuron.
Sec. 33. 2,3,3-trimethyl-indolenine.
Sec. 34. Bis(4-amino-3-methylcyclohexyl)-methane.
Sec. 35. Limitation on designation as beneficiary developing country.
Sec. 36. Temporary duty suspension on certain chemicals used in the
formulation of an HIV protease inhibitor.
Sec. 37. Treatment of certain entries of buffalo leather.
Sec. 38. Fees for certain customs services.
Sec. 39. Injury determinations for certain countervailing duty orders.
Sec. 40. Treatment of difference between collections of estimated
antidumping duty and final assessed duty under
antidumping duty order.
Sec. 41. Certain lead fuel test assemblies.
Sec. 42. Suspension of duty on certain injection molding machines.
Sec. 43. Reliquidation of certain entries of color televisions.
Sec. 44. Articles used to provide repair and maintenance services.
Sec. 45. Yttrium oxide and cerium aluminum terbium used as
luminophores.
Sec. 46. Pharmaceutical grade phospholipids.
Sec. 47. Certain structures, parts and components used in the Gemini
Telescopes Project, Mauna Kea, Hawaii.
Sec. 48. Articles provided to Steward Observatory.
Sec. 49. Reliquidation of certain frozen concentrated orange juice
entries.
Sec. 50. Twine, cordage, ropes, and cables.
Sec. 51. Suspension of duty on certain fatty acid esters.
Sec. 52. Duty suspension on a mobile bison slaughter unit.
Sec. 53. Exemption from tariffs and fees for certain aircraft parts and
equipment.
Sec. 54. Reliquidation of certain entries of live swine.
Sec. 55. Reliquidation of certain entries of sewing machines.
Sec. 56. Temporary duty suspension on certain textured rolled glass
sheets.
Sec. 57. Temporary suspension of duty on DEMT.
Sec. 58. Investigation on cattle and beef trade.
Sec. 59. Special rule for Generalized System of Preferences.
SEC. 2. PAYMENT OF DUTIES AND FEES.
(a) Interest Accrual.--Section 505(c) of the Tariff Act of
1930 (19 U.S.C. 1505(c)) is amended in the second sentence by
inserting after ``duties, fees, and interest'' the following:
``or, in a case in which a claim is made under section
520(d), from the date on which such claim is made,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to claims made pursuant to section 520(d) of the
Tariff Act of 1930 (19 U.S.C. 1520(d)) on or after June 7,
1996.
SEC. 3. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--
(1) Examination of books and witnesses.--Section 509(a)(2)
of the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)) is amended
by striking ``(c)(1)(A)'' and inserting ``(d)(1)(A)''.
(2) Requirement for certificate for importation of
alcoholic liquors aboard small vessels.--Section 7 of the Act
of August 5, 1935 (19 U.S.C. 1707; 49 Stat. 520), is
repealed.
(3) Manifests.--Section 431(c)(1) of the Tariff Act of 1930
(19 U.S.C. 1431(c)(1)) is amended in the matter preceding
subparagraph (A) by striking ``such manifest'' and inserting
``a vessel manifest''.
(4) Penalties for certain violations.--Section 592 of the
Tariff Act of 1930 (19 U.S.C. 1592) is amended--
(A) in subsection (a)(1), by striking ``lawful duty'' and
inserting ``lawful duty, tax, or fee''; and
(B) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii),
(c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by striking
``lawful duties'' each place it appears and inserting
``lawful duties, taxes, and fees''.
(5) Deprivation of lawful duties, taxes, or fees.--Section
592(d) of the Tariff Act of 1930 (19 U.S.C. 1592(d)) is
amended by striking ``or fees be restored'' and inserting
``and fees be restored''.
(6) Reconciliation treated as entry for recordkeeping.--
(A) Section 401(s) of the Tariff Act of 1930 (19 U.S.C.
1401(s)) is amended by inserting ``recordkeeping,'' after
``reliquidation,''.
(B) Section 508(c)(1) of such Act (19 U.S.C. 1508(c)(1)) is
amended by inserting ``, filing of a reconciliation,'' after
``entry''.
(7) Extension of liquidation.--Section 504(d) of the Tariff
Act of 1930 (19 U.S.C. 1504(d)) is amended--
(A) in the first sentence, by inserting ``, unless
liquidation is extended under subsection (b),'' after ``shall
liquidate the entry''; and
(B) in the second sentence, by inserting ``(other than an
entry with respect to which liquidation has been extended
under subsection (b))'' after ``Any entry''.
(8) Exemption from duty for personal and household goods
accompanying returning residents.--Section 321(a)(2)(B) of
the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(B)) is amended
by inserting ``, 9804.00.65,'' after ``9804.00.30''.
(9) Debt collection.--Section 631(a) of the Tariff Act of
1930 (19 U.S.C. 1631(a)) is amended by adding at the end the
following new subsection:
``(c) Payment of Costs.--The debtor shall be assessed and
pay any and all costs associated with collection efforts
pursuant to this section. Notwithstanding section 3302(b) of
title 31, United States Code, any sum so collected shall be
used to pay the costs of debt collection services.''.
(10) Designation of customs officer.--Section 509(b) of the
Tariff Act of 1930 (19 U.S.C. 1509(b)) is amended in
paragraphs (3) and (4) by striking ``appropriate regional
commissioner'' and inserting ``officer designated pursuant to
regulations''.
(11) Review of protests.--Section 515(d) of the Tariff Act
of 1930 (19 U.S.C. 1515(d)) is amended by striking ``district
director'' and inserting ``port director''.
(12) Administrative exemptions.--Section 321(a) of the
Tariff Act of 1930 (19 U.S.C. 1321(a)) is amended--
(A) in paragraph (1), by striking ``duties, fees, and taxes
actually accruing'' and inserting ``duties, fees, taxes, and
interest actually accruing''; and
(B) in paragraph (3)--
(i) by striking ``and taxes'' and inserting ``taxes, and
interest''; and
(ii) by striking ``or taxes'' and inserting ``taxes, or
interest''.
(b) Effective Date.--The amendments made by this section
shall apply as of December 8, 1993.
SEC. 4. CLARIFICATION REGARDING THE APPLICATION OF CUSTOMS
USER FEES.
(a) In General.--Subparagraph (D) of section 13031(b)(8) of
the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(8)(D)) is amended--
(1) in clause (iv)--
(A) by striking ``subparagraph 9802.00.80 of such
Schedules'' and inserting ``heading 9802.00.80 of such
Schedule''; and
(B) by striking ``and'' at the end of clause (iv);
(2) by striking the period at the end of clause (v) and
inserting ``; and''; and
(3) by inserting after clause (v) the following new clause:
``(vi) in the case of merchandise entered from a foreign
trade zone (other than merchandise to which clause (v)
applies), be applied only to the value of the privileged or
nonprivileged foreign status merchandise under section 3 of
the Act of June 18, 1934 (commonly known as the Foreign Trade
Zones Act, 19 U.S.C. 81c).''.
(b) Effective Date.--The amendments made by subsection (a)
apply to--
(1) any entry made from a foreign trade zone on or after
the 15th day after the date of the enactment of this Act; and
(2) any entry made from a foreign trade zone after November
30, 1986, and before such 15th day if liquidation of the
entry was not final before such 15th day.
(c) Application of Fees to Certain Agricultural Products.--
The amendment made by section 111(b)(2)(D)(iv) of the Customs
and Trade Act of 1990 shall apply to--
(1) any entry made from a foreign trade zone on or after
the 15th day after the date of the enactment of this Act; and
(2) any entry made from a foreign trade zone after November
30, 1986, and before such 15th day if the liquidation of the
entry was not final before such 15th day.
SEC. 5. TECHNICAL AMENDMENT TO THE CUSTOMS AND TRADE ACT OF
1990.
Subsection (b) of section 484H of the Customs and Trade Act
of 1990 (19 U.S.C. 1553 note) is amended by striking ``, or
withdrawn from warehouse for consumption,'' and inserting
``for transportation in bond''.
SEC. 6. CLARIFICATION OF FEES FOR CERTAIN CUSTOMS SERVICES.
(a) In General.--Section 13031(b)(9)(A) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(b)(9)(A)) is amended--
(1) by striking ``centralized hub facility or'' in clause
(i); and
(2) in clause (ii)--
(A) by striking ``facility--'' and inserting ``facility or
centralized hub facility--'',
(B) by striking ``customs inspectional'' in subclause (I),
and
(C) by striking ``at the facility'' in subclause (I) and
inserting ``for the facility''.
(b) Definitions.--Section 13031(b)(9)(B)(i) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(9)(B)(i)) is amended--
(1) by striking ``, as in effect on July 30, 1990'', and
(2) by adding at the end thereof the following new
sentence: ``Nothing in this para
[[Page 2698]]
graph shall be construed as prohibiting the Secretary of the
Treasury from processing merchandise that is informally
entered or released at any centralized hub facility or
express consignment carrier facility during the normal
operating hours of the Customs Service, subject to
reimbursement and payment under subparagraph (A).''.
(c) Citation.--Section 13031(b)(9)(B)(ii) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(9)(B)(ii)) is amended by striking ``section 236
of the Tariff and Trade Act of 1984'' and inserting ``section
236 of the Trade and Tariff Act of 1984''.
SEC. 7. SPECIAL RULE FOR EXTENDING TIME FOR FILING DRAWBACK
CLAIMS.
Section 313(r) of the Tariff Act of 1930 (19 U.S.C.
1313(r)) is amended by adding at the end the following:
``(3)(A) The Customs Service may, notwithstanding the
limitation set forth in paragraph (1), extend the time for
filing a drawback claim for a period not to exceed 18 months,
if--
``(i) the claimant establishes to the satisfaction of the
Customs Service that the claimant was unable to file the
drawback claim because of an event declared by the President
to be a major disaster on or after January 1, 1994; and
``(ii) the claimant files a request for such extension with
the Customs Service--
``(I) within 1 year from the last day of the 3-year period
referred to in paragraph (1), or
``(II) within 1 year after the date of the enactment of
this paragraph,
whichever is later.
``(B) If an extension is granted with respect to a request
filed under this paragraph, the periods of time for retaining
records set forth in subsection (t) of this section and
section 508(c)(3) shall be extended for an additional 18
months or, in a case to which subparagraph (A)(ii) applies,
for a period not to exceed 1 year from the date the claim is
filed.
``(C) For purposes of this paragraph, the term `major
disaster' has the meaning given that term in section 102(2)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)).''.
SEC. 8. TREATMENT OF ENTRIES OF CERTAIN TELEVISIONS.
(a) In General.--Notwithstanding sections 514 and 520 of
the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any
other provision of law, the United States Customs Service
shall, not later than 90 days after the date of the enactment
of this Act, liquidate or reliquidate those entries made at
New York, New York, which are listed in subsection (c), in
accordance with the final results of the administrative
review, covering the period from May 1, 1984, through March
31, 1985, conducted by the International Trade Administration
of the Department of Commerce for such entries (case number
A-580-008).
(b) Payment of Amounts Owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry under subsection (a) shall be paid by the Customs
Service within 90 days after such liquidation or
reliquidation.
(c) Entry List.--The entries referred to in subsection (a)
are the following:
Entry Number Date of Entry
84-4426808 August 29, 1984
84-4427823 September 4, 1984
84-4077985 July 25, 1984
84-4080859 August 3, 1984
84-4080817 August 3, 1984
84-4077723 August 1, 1984
84-4075194 July 10, 1984
84-4076481 July 17, 1984
84-4080930 August 9, 1984.
SEC. 9. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF
PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
``9902.98.05 Any of the following Free No change Free On or before
articles not intended 2/1/99''.
for sale or
distribution to the
public: personal
effects of aliens who
are participants in,
officials of, or
accredited members of
delegations to, the
1998 Goodwill Games,
and of persons who are
immediate family
members of or servants
to any of the
foregoing persons;
equipment and
materials imported in
connection with the
foregoing event by or
on behalf of the
foregoing persons or
the organizing
committee of such
event; articles to be
used in exhibitions
depicting the culture
of a country
participating in such
event; and, if
consistent with the
foregoing, such other
articles as the
Secretary of the
Treasury may allow....
(b) Taxes and Fees Not To Apply.--The articles described in
heading 9902.98.05 of the Harmonized Tariff Schedule of the
United States (as added by subsection (a)) shall be free of
taxes and fees which may be otherwise applicable.
(c) Effective Date.--The amendment made by this section
applies to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 10. MISCELLANEOUS TECHNICAL CORRECTION.
Section 313(s)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1313(s)(2)(B)) is amended by striking ``successor'' each
place it appears and inserting ``predecessor''.
SEC. 11. URUGUAY ROUND AGREEMENTS ACT.
Section 405(b) of the Uruguay Round Agreements Act (19
U.S.C. 3602(b)) is amended--
(1) in paragraph (1) by striking ``1(a)'' and inserting
``1(b)''; and
(2) in paragraph (2) by striking ``1(b)'' and inserting
``1(a)''.
SEC. 12. IMPORTS OF CIVIL AIRCRAFT.
General Note 6 of the Harmonized Tariff Schedule of the
United States is amended to read as follows:
``6. Articles Eligible for Duty-Free Treatment Pursuant to
the Agreement on Trade in Civil Aircraft.
``(a) Whenever a product is entered under a provision for
which the rate of duty `Free (C)' appears in the `Special'
subcolumn and a claim for such rate of duty is made, the
importer--
``(i) shall maintain such supporting documentation as the
Secretary of the Treasury may require; and
``(ii) shall be deemed to certify that the imported article
is a civil aircraft, or has been imported for use in a civil
aircraft and will be so used.
The importer may amend the entry or file a written statement
to claim a free rate of duty under this note at any time
before the liquidation of the entry becomes final, except
that, notwithstanding section 505(c) of the Tariff Act of
1930 (19 U.S.C. 1505(c)), any refund resulting from any such
claim shall be without interest.
``(b)(i) For purposes of the tariff schedule, the term
`civil aircraft' means any aircraft, aircraft engine, or
ground flight simulator (including parts, components, and
subassemblies thereof)--
``(A) that is used as original or replacement equipment in
the design, development, testing, evaluation, manufacture,
repair, maintenance, rebuilding, modification, or conversion
of aircraft; and
``(B)(1) that is manufactured or operated pursuant to a
certificate issued by the Administrator of the Federal
Aviation Administration (hereafter referred to as the `FAA')
under section 44704 of title 49, United States Code, or
pursuant to the approval of the airworthiness authority in
the country of exportation, if such approval is recognized by
the FAA as an acceptable substitute for such an FAA
certificate;
``(2) for which an application for such certificate has
been submitted to, and accepted by, the Administrator of the
FAA by an existing type and production certificate holder
pursuant to section 44702 of title 49, United States Code,
and regulations promulgated thereunder; or
``(3) for which an application for such approval or
certificate will be submitted in the future by an existing
type and production certificate holder, pending the
completion of design or other technical requirements
stipulated by the Administrator of the FAA.
``(ii) The term `civil aircraft' does not include any
aircraft, aircraft engine, or ground flight simulator (or
parts, components, and subassemblies thereof) purchased for
use by the Department of Defense or the United States Coast
Guard, unless such aircraft, aircraft engine, or ground
flight simulator (or parts, components, and subassemblies
thereof) satisfies the requirements of subdivisions (i)(A)
and (i)(B) (1) or (2).
``(iii) Subdivision (i)(B)(3) shall apply only to such
quantities of the parts, components, and subassemblies as are
required to meet the design and technical requirements
stipulated by the Administrator. The Commissioner of Customs
may require the importer to estimate the quantities of parts,
components, and subassemblies covered for purposes of such
subdivision.''.
SEC. 13. TECHNICAL CORRECTION TO CERTAIN CHEMICAL
DESCRIPTION.
(a) Amendment to Subheading 2933.90.02.--The article
description for subheading 2933.90.02 of the Harmonized
Tariff Schedule of the United States is amended by striking
``(Quizalofop ethyl)''.
(b) Effective Date.--
(1) General rule.--The amendment made by this section
applies to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
(2) Retroactive provision.--Notwithstanding section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request (which includes
sufficient information to identify and locate the entry)
filed with the Customs Service on or before the date that is
180 days after the date of the enactment of this Act, any
entry, or
[[Page 2699]]
withdrawal from warehouse for consumption, of an article that
occurred--
(A) after December 31, 1994, and before the date that is 15
days after the date of the enactment of this Act, and
(B) with respect to which there would have been no duty or
a lesser duty if the amendment made by subsection (a) applied
to such entry or withdrawal,
shall be liquidated or reliquidated as though such amendment
applied to such entry or withdrawal.
SEC. 14. MARKING OF CERTAIN IMPORTED ARTICLES AND CONTAINERS.
(a) In General.--Section 304 of the Tariff Act of 1930 (19
U.S.C. 1304) is amended--
(1) by redesignating subsections (f), (g), (h), and (i) as
subsections (h), (i), (j), and (k), respectively, and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Marking of Certain Coffee and Tea Products.--The
marking requirements of subsections (a) and (b) shall not
apply to articles described in subheadings 0901.21, 0901.22,
0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and 2101.20 of
the Harmonized Tariff Schedule of the United States, as in
effect on January 1, 1995.
``(g) Marking of Spices.--The marking requirements of
subsections (a) and (b) shall not apply to articles provided
for under subheadings 0904.11, 0904.12, 0904.20, 0905.00,
0906.10, 0906.20, 0907.00, 0908.10, 0908.20, 0908.30,
0909.10, 0909.20, 0909.30, 0909.40, 0909.50, 0910.10,
0910.20, 0910.30, 0910.40, 0910.50, 0910.91, 0910.99,
1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10, and
items classifiable in categories 0712.90.60, 0712.90.8080,
1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050,
1211.90.8090, 2006.00.3000, 2918.13.2000, 3203.00.8000,
3301.90.1010, 3301.90.1020, and 3301.90.1050 of the
Harmonized Tariff Schedule of the United States, as in effect
on January 1, 1995.''.
(b) Conforming Amendment.--Section 304(i) of such Act, as
redesignated by subsection (a)(1), is amended by striking
``subsection (f)'' and inserting ``subsection (h)''.
(c) Effective Date.--The amendments made by this section
apply to goods entered, or withdrawn from warehouse for
consumption, on or after the date of the enactment of this
Act.
SEC. 15. TARIFF TREATMENT OF CERTAIN SILVER, GOLD, AND
PLATINUM BARS.
(a) In General.--Subchapter II of chapter 71 of the
Harmonized Tariff Schedule of the United States is amended--
(1) by striking subheading 7106.92.00 and inserting in
numerical sequence the following new subheadings and superior
text thereto, with such text having the same degree of
indentation as subheading 7106.91:
``7106.92 Semimanufactured:
7106.92.10 Rectangular or near- Free Free
rectangular shapes,
containing 99.5
percent or more by
weight of silver and
not otherwise marked
or decorated than with
weight, purity, or
other identifying
information...........
7106.92.50 Other.................. 4.8% Free (A*, CA, E, IL, J, MX) 65%'';
(2) by striking subheading 7108.13.50 and inserting in
numerical sequence the following new subheadings and superior
text thereto, with such text having the same degree of
indentation as subheading 7108.13.10:
`` Other:
7108.13.55 Rectangular or near- Free Free
rectangular shapes,
containing 99.5
percent or more by
weight of gold and
not otherwise
marked or decorated
than with weight,
purity, or other
identifying
information........
7108.13.70 Other............... 6.6% Free (CA, E, IL, J, MX) 65%'';
and
(3) by striking subheadings 7115.90.10 through 7115.90.50
and inserting in numerical sequence the following new
subheadings and superior text, with the article description
for subheading 7115.90.05 having the same degree of
indentation as the article description for subheading
7116.10.10:
`` 7115.90.05 Articles of precious Free Free
metal, in
rectangular or near-
rectangular shapes,
containing 99.5
percent or more by
weight of a precious
metal and not
otherwise marked or
decorated than with
weight, purity, or
other identifying
information.........
Other:
7115.90.30 Of gold, including 6.2% Free (A*, CA, E, IL, J, MX) 110%
metal clad with
gold...............
7115.90.40 Of silver, including 4.8% Free (A*, CA, E, IL, J, MX) 65%
metal clad with
silver
7115.90.60 Other............... 6.4% Free (A, CA, E, IL, J, MX)
65%''.
(b) Conforming Amendments.--General note 4(d) of the
Harmonized Tariff Schedule of the United States is amended--
(1) by striking ``7106.92.00 Chile'' and inserting
``7106.92.50 Chile''; and
(2) by striking ``7115.90.10 Argentina'' and ``7115.90.20
Argentina'' and inserting ``7115.90.30 Argentina'' and
``7115.90.40 Argentina'', respectively.
(c) Staged Rate Reductions.--Any staged rate reduction that
was proclaimed by the President before the date of the
enactment of this Act to take effect on or after the date of
the enactment of this Act--
(1) of a rate of duty set forth in subheading 7106.92.00 of
the Harmonized Tariff Schedule of the United States shall
apply to the corresponding rate of duty in subheading
7106.92.50 of such Schedule (as added by subsection (a)(1));
(2) of a rate of duty set forth in subheading 7108.13.50
shall apply to the corresponding rate of duty in subheading
7108.13.70 of such Schedule (as added by subsection (a)(2));
(3) of a rate of duty set forth in subheading 7115.90.10
shall apply to the corresponding rate of duty in subheading
7115.90.30 of such Schedule (as added by subsection (a)(3));
(4) of a rate of duty set forth in subheading 7115.90.20
shall apply to the corresponding rate of duty in subheading
7115.90.40 of such Schedule (as added by subsection (a)(3));
and
(5) of a rate of duty set forth in subheading 7115.90.50
shall apply to the corresponding rate of duty in subheading
7115.90.60 of such Schedule (as added by subsection (a)(3)).
(d) Effective Date.--The amendments made by this section
shall apply with respect to goods that are entered, or
withdrawn from warehouse for consumption, on or after the
date that is 15 days after the date of enactment of this Act.
SEC. 16. SUSPENSION OF DUTY ON CERTAIN SEMIMANUFACTURED FORMS
OF GOLD.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
adding in numerical sequence the following new heading:
`` 9902.71.08 Wire containing Free No change No change On or before 12/31/2000''.
99.9 percent or
more by weight of
gold and with
dopants added to
control
wirebonding
characteristics,
having a diameter
of 0.05
millimeters or
less, for use in
the manufacture
of diodes,
transistors, and
similar
semiconductor
devices or
electronic
integrated
circuits.........
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 17. ELIMINATION OF EAST-WEST TRADE STATISTICS MONITORING
SYSTEM.
Section 410 of the Trade Act of 1974 (19 U.S.C. 2440) is
repealed.
SEC. 18. RETROACTIVE ELECTION TO RECONCILE ENTRIES.
(a) Definition of Entry Reconciliation.--The first sentence
of section 401(s) of the Tariff Act of 1930 (19 U.S.C.
1401(s)) is amended to read as follows: ``The term `reconcili
[[Page 2700]]
ation' means an electronic process, initiated at the request
of an importer, under which the elements of an entry (other
than those elements related to the admissibility of the
merchandise) that are undetermined at the time the importer
files or transmits the documentation or information required
by section 484(a)(1)(B), or the import activity summary
statement, are provided to the Customs Service at a later
time.''.
(b) Reconciliation Requirements.--Section 484(b)(1) (19
U.S.C. 1484(b)(1)) of such Act is amended by striking the
first and second sentences and inserting the following: ``A
party may elect to file a reconciliation with regard to such
entry elements as are identified by the party pursuant to
regulations prescribed by the Secretary. If the party so
elects, the party shall declare that a reconciliation will be
filed. The declaration shall be made in such manner as the
Secretary shall prescribe and at the time the documentation
or information required by subsection (a)(1)(B) or the import
activity summary statement is filed with, or transmitted to,
the Customs Service, or at such later time as the Customs
Service may, in its discretion, permit. The reconciliation
shall be filed by the importer of record at such time and in
such manner as the Secretary prescribes but not later than 15
months after the date the importer declares his intent to
file the reconciliation. In the case of reconciling issues
relating to the assessment of antidumping and countervailing
duties, the reconciliation shall be filed not later than 90
days after the date the Customs Service advises the importer
that the period of review for antidumping or countervailing
duty purposes has been completed.''.
SEC. 19. TARIFF TREATMENT FOR CERTAIN MOTOR VEHICLES.
General Note 3 of the Harmonized Tariff Schedule of the
United States is amended by adding at the end the following
new subdivision:
``(d) Certain Motor Vehicles Manufactured in Foreign Trade
Zones.
``(i) Duty imposed. Notwithstanding any other provision of
law, the duty imposed on a qualified article shall be the
amount determined by multiplying the applicable foreign value
content of such article by the applicable rate of duty for
such article.
``(ii) Qualified article. For purposes of this subdivision,
the term `qualified article' means an article that is--
``(A) classifiable under any of subheadings 8702.10 through
8704.90 of the Harmonized Tariff Schedule of the United
States,
``(B) produced or manufactured in a foreign trade zone
before January 1, 1996,
``(C) exported therefrom to a NAFTA country (as defined in
section 2(4) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3301(4)), and
``(D) subsequently imported from that NAFTA country into
the customs territory of the United States--
``(I) on or after the effective date of this subdivision,
or
``(II) on or after January 1, 1994, and before such
effective date, if the entry of such article is unliquidated,
under protest, or in litigation, or liquidation is otherwise
not final on such effective date.
``(iii) Applicable foreign value content.
``(A) Applicable foreign value content. For purposes of
this subdivision, the term `applicable foreign value content'
means the amount determined by multiplying the value of a
qualified article by the applicable percentage.
``(B) Applicable percentage. The term `applicable
percentage' means the FTZ percentage for the article plus 5
percentage points.
``(iv) Other definitions and special rules. For purposes of
this subdivision--
``(A) FTZ percentage. The FTZ percentage for a qualified
article shall be the percentage determined in accordance with
subparagraph (I), (II), or (III) of this paragraph, whichever
is applicable.
``(I) Report for year published. If, at the time a
qualified article is entered, the FTZ Annual Report for the
year in which the article was manufactured has been
published, the FTZ percentage for the article shall be the
percentage of foreign status merchandise set forth in that
report for the subzone in which the qualified article was
manufactured, or if not manufactured in a subzone, the
foreign trade zone in which the qualified article was
manufactured.
``(II) Report for year not published. If, at the time a
qualified article is entered, the FTZ Annual Report for the
year in which the article was manufactured has not been
published, the FTZ percentage for the article shall be the
percentage of foreign status merchandise set forth in the
most recently published FTZ Annual Report for the subzone in
which the article was manufactured, or if not manufactured in
a subzone, the foreign trade zone in which the qualified
article was manufactured.
``(B) Applicable rate of duty. The term `applicable duty
rate' means the rate of duty set forth in any of subheadings
8702.10 through 8704.90 of the Harmonized Tariff Schedule of
the United States that is applicable to the qualified article
and which would apply to the article if the article were
directly entered for consumption into the United States from
the foreign trade zone with non-privileged foreign status
having been claimed for all foreign merchandise used in the
manufacture or production of the qualified article.
``(C) Foreign trade zone; subzone. The terms `foreign trade
zone' and `subzone' mean a zone or subzone established
pursuant to the Act of June 18, 1934, commonly known as the
Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
``(D) FTZ annual report. The term `FTZ Annual Report' means
the Annual Report to the Congress published in accordance
with section 16 of the Foreign Trade Zones Act (19 U.S.C.
81p(c)).
``(E) Non-privileged foreign status. The term `non-
privileged foreign status' means that privilege has not been
requested with respect to an article pursuant to section 3 of
the Foreign Trade Zones Act.''.
SEC. 20. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 103-465.
(a) Title I.--
(1) Section 516A(a)(2)(A)(i)(I) of the Tariff Act of 1930
(19 U.S.C. 1516a(a)(2)(A)(i)(I)) is amended by adding a comma
after ``subparagraph (B)''.
(2) Section 132 of the Uruguay Round Agreements Act (19
U.S.C. 3552) is amended by striking ``title'' and inserting
``section''.
(b) Title II.--
(1)(A) The item relating to section 221 in the table of
contents of the Uruguay Round Agreements Act is amended to
read as follows:
``Sec. 221. Special rules for review of determinations.''.
(B) The section heading for section 221 of that Act is
amended to read as follows:
``SEC. 221. SPECIAL RULES FOR REVIEW OF DETERMINATIONS.''.
(2) Section 270(a)(2)(B) of the Uruguay Round Agreements
Act is amended by striking ``771(A)(c)'' and inserting
``771A(c)''.
(3) Section 702(c)(5) of the Tariff Act of 1930 (19 U.S.C.
1671a(c)(5)) is amended by striking ``(b)(1)(A)'' and
inserting ``(b)(1)''.
(4) Section 732(c)(5) of the Tariff Act of 1930 (19 U.S.C.
1673a(c)(5)) is amended by striking ``(b)(1)(A)'' and
inserting ``(b)(1)''.
(5) Section 212(b)(1)(C)(i)(I) of the Uruguay Round
Agreements Act is amended by striking ``the petition'' and
inserting ``a petition''.
(6) Section 214(b)(2)(A)(i)(II) of the Uruguay Round
Agreements Act is amended by striking ``the merchandise'' and
inserting ``merchandise''.
(7) Section 771(16)(B)(i) of the Tariff Act of 1930 (19
U.S.C. 1677(16)(B)(i)) is amended by striking ``merchandise
which is the subject of the investigation'' and inserting
``subject merchandise''.
(8) Section 732(e)(1) of the Tariff Act of 1930 (19 U.S.C.
1673a(e)(1)) is amended by striking ``the the'' and inserting
``the''.
(9) Section 233(a)(6)(C) of the Uruguay Round Agreements
Act is amended by inserting ``each place it appears'' after
``commence''.
(10) Section 261(d)(1)(A)(ii) of the Uruguay Round
Agreements Act is amended by inserting after ``is amended''
the following: ``by striking `as follows:' and inserting a
comma and''.
(11) Section 261(d)(1)(B)(ii)(I) of the Uruguay Round
Agreements Act is amended by inserting ``of'' after ``section
303 or''.
(12) Section 337(b)(3) of the Tariff Act of 1930 (19 U.S.C.
1337(b)(3)) is amended in the first sentence by striking
``such section and''.
(13) Section 281(h)(4) of the Uruguay Round Agreements Act
is amended by striking ``(A),''.
(14) Section 771(30) of the Tariff Act of 1930 (19 U.S.C.
1677(30)) is amended by striking ``agreement'' and inserting
``Agreement''.
(15) Section 705(c)(1)(B)(i)(II) of the Tariff Act of 1930
(19 U.S.C. 1671d(c)(1)(B)(i)(II)) is amended by inserting
``section'' after ``if''.
(16) Section 282(d) of the Uruguay Round Agreements Act (19
U.S.C. 3572(d)) is amended by aligning the text of the last
sentence with the text of the first sentence.
(17) Section 783(f) of the Tariff Act of 1930 (19 U.S.C.
1677n(f)) is amended by striking ``subsection (d)'' and
inserting ``subsection (e)''.
(c) Title III.--
(1) Section 314(e) of the Uruguay Round Agreements Act is
amended in the matter proposed to be inserted as section
306(b)(1) of the Trade Act of 1974, by striking the closed
quotation marks and second period at the end.
(2) Section 321(a)(1)(C)(i) of the Uruguay Round Agreements
Act is amended to read as follows:
``(i) in the first sentence by striking `such Act' and
inserting `such subtitle'; and''.
(3) Section 592A(a)(3) of the Tariff Act of 1930 (19 U.S.C.
1592A(a)(3)) is amended by striking ``list under paragraph
(2)'' and inserting ``list under paragraph (1)''.
(4) Section 301(c)(4) of the Trade Act of 1974 (19 U.S.C.
2411(c)(4)) is amended by striking ``paragraph (1)(C)(iii)''
and inserting ``paragraph (1)(D)(iii)''.
(5) Section 202(d)(4)(A)(i) of the Trade Act of 1974 (19
U.S.C. 2252(d)(4)(A)(i)) is amended by striking ``section
202(b)'' and inserting ``subsection (b)''.
(6) Section 304(a)(3)(A) of the Trade Act of 1974 (19
U.S.C. 2414(a)(3)(A)) is amended by inserting ``Rights''
after ``Intellectual Property''.
(7) Section 331 of the Uruguay Round Agreements Act (19
U.S.C. 3591) is amended by striking ``, as defined in section
2(9) of the Uruguay Round Implementation Act,''.
(8) Section 204 of the Agricultural Act of 1956 (7 U.S.C.
1854) is amended in the second sentence by striking
``Implementation'' and inserting ``Agreements''.
(9) Section 334(b)(1)(B)(ii) of the Uruguay Round
Agreements Act (19 U.S.C. 3592(b)(1)(B)(ii)) is amended by
striking ``possession,'' and inserting ``possession;''.
[[Page 2701]]
(10) Section 305(d)(2) of the Trade Agreements Act of 1979
(19 U.S.C. 2515(d)(2)) is amended--
(A) by striking ``or'' after the semicolon at the end of
subparagraph (B); and
(B) in subparagraph (C) by striking the period at the end
and inserting a semicolon.
(11) Section 304 of the Trade Agreements Act of 1979 (19
U.S.C. 2514) is amended--
(A) in subsection (a) by striking the comma after
``XXIV(7)''; and
(B) in subsection (c)--
(i) by striking the comma after ``XXIV(7)''; and
(ii) by striking the comma after ``XIX(5)''.
(12) Section 308(4)(D) of the Trade Agreements Act of 1979
(19 U.S.C. 2518(4)(D)) is amended by striking ``the the'' and
inserting ``the''.
(13) Section 305(g) of the Trade Agreements Act of 1979 (19
U.S.C. 2515(g)) is amended--
(A) in paragraph (1)--
(i) by striking ``of such subsection'' and inserting ``of
subsection (d)(2)''; and
(ii) by inserting ``of subsection (d)(2)'' after ``(as the
case may be)''; and
(B) in paragraph (3)--
(i) by striking ``the the'' and inserting ``the''; and
(ii) by inserting ``of subsection (d)(2)'' after ``(as the
case may be)''.
(14) Section 402(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2532(4)) is amended by inserting a comma after
``system, if any''.
(15) Section 414(b)(1) of the Trade Agreements Act of 1979
(19 U.S.C. 2544(b)(1)) is amended by striking
``procedures,,'' each place it appears and inserting
``procedures,''.
(16) Section 451(6)(A) of the Trade Agreements Act of 1979
(19 U.S.C. 2571(6)(A)) is amended by striking ``Members.''
and inserting ``Members; and''.
(d) Title IV.--
(1) Section 492(c) of the Trade Agreements Act of 1979 (19
U.S.C. 2578a(c)) is amended by striking ``phystosanitary''
and inserting ``phytosanitary''.
(2) Section 412(b) of the Uruguay Round Agreements Act is
amended by striking ``1853'' and inserting ``972''.
(e) Title V.--
(1) Section 154(c)(2) of title 35, United States Code, is
amended in the matter preceding subparagraph (A) by striking
``Acts'' and inserting ``acts''.
(2) Section 104A(h)(3) of title 17, United States Code, is
amended by striking ``section 104A(g)'' and inserting
``subsection (g)''.
(f) Title VI.--
(1) Section 141(c)(1)(D) of the Trade Act of 1974 (19
U.S.C. 2171(c)(1)(D)) is amended by striking the second comma
after ``World Trade Organization''.
(2) Section 601(b)(1)(B) of the Uruguay Round Agreements
Act (19 U.S.C. 2465 note) is amended by striking ``such date
of enactment'' and inserting ``the date of the enactment of
this Act''.
(3) The heading for section 1106 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2905) is amended by
striking ``for the wto'' and inserting ``or the wto''.
SEC. 21. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 103-182.
(a) Title II.--
(1) Section 13031(b)(10)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)(A))
is amended--
(A) by striking ``Agreement)'' and inserting ``Agreement
Implementation Act of 1988)''; and
(B) by striking ``section 403'' and inserting ``article
403''.
(2) Section 202 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3332) is amended--
(A) in subsection (m)(4)(C) by striking ``(o)'' and
inserting ``(p)''; and
(B) in subsection (p)(18) by striking ``federal
government'' and inserting ``Federal Government''.
(b) Title III.--
(1) Section 351(b)(2) of the North American Free Trade
Agreement Implementation Act is amended by striking
``Agreement Act'' and inserting ``Agreements Act''.
(2) Section 411(c) of the Trade Agreements Act of 1979 (19
U.S.C. 2541(c)) is amended by striking ``Special
Representatives'' and inserting ``Trade Representative''.
(3) Section 316 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3381) is amended by striking
``subsection 202(d)(1)(C)(i)'' and inserting ``subsection
(d)(1)(C)(i)''.
(4) Section 309(c) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3358(c)) is amended
in paragraphs (1) and (2) by striking ``column 1--General''
and inserting ``column 1 general''.
(c) Title IV.--
(1) Section 402(d)(3) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3432(d)(3)) is
amended in the matter preceding subparagraph (A) by striking
``(c)(4)'' and inserting ``subsection (c)(4)''.
(2) Section 407(e)(2) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3437(e)(2)) is
amended by striking ``petition,'' and inserting
``petition;''.
(3) Section 516A(g)(12)(D) of the Tariff Act of 1930 (19
U.S.C. 1516a(g)(12)(D)) is amended--
(A) by striking ``(D)(i)'' and inserting ``(D)''; and
(B) by striking ``If the Trade Representative'' and
inserting ``(i) If the Trade Representative''.
(4) Section 415(b)(2) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3451(b)(2)) is
amended by striking ``under 516A(a)'' and inserting ``under
section 516A(a)''.
(d) Title V.--Section 219 of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2707) is amended--
(1) in subsection (b)(1) by striking ``Hemisphere,'' and
inserting ``Hemisphere;''; and
(2) in paragraphs (1) and (2) of subsection (h) by striking
``Center,'' and inserting ``Center;''.
(e) Title VI.--
(1) Section 3126 of the Revised Statutes of the United
States (19 U.S.C. 293) is amended by striking ``or both'' and
inserting ``or both,''.
(2) Section 3127 of the Revised Statutes of the United
States (19 U.S.C. 294) is amended by striking ``conveyed a
United States'' and inserting ``conveyed in a United
States''.
(3) Section 436(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1436(a)(2)) is amended--
(A) by striking ``431(e)'' and inserting ``431''; and
(B) by striking ``or'' after the semicolon at the end.
(4) Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313)
is amended--
(A) in subsection (j)(2) by realigning the text following
subparagraph (C)(ii)(II) beginning with ``then upon the
exportation'' and ending with ``duty, tax, or fee.'' two ems
to the left so that the text has the same degree of
indentation as paragraph (3) of section 313(j) of such Act;
and
(B) in subsection (t) by striking ``chapter'' and inserting
``Act''.
(5) Section 441 of the Tariff Act of 1930 (19 U.S.C. 1441)
is amended--
(A) in each of paragraphs (1), (2), and (4) by striking the
semicolon at the end and inserting a period; and
(B) in paragraph (5) by striking ``; and'' and inserting a
period.
(6) Section 484(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(1)) is amended by striking ``553, and 336(j)'' and
inserting ``and 553''.
(7) Section 514(a) of the Tariff Act of 1930 (19 U.S.C.
1514(a)) is amended by striking ``section 520 (relating to
refunds and errors), and section 521 (relating to
reliquidations on account of fraud)'' and inserting ``and
section 520 (relating to refunds and errors)''.
(8) Section 491(a) of the Tariff Act of 1930 (19 U.S.C.
1491(a)) is amended in the first sentence--
(A) by striking ``in in'' and inserting ``in''; and
(B) by striking ``appropriate customs officer'' and
inserting ``Customs Service''.
(9) Section 490(c)(1) of the Tariff Act of 1930 (19 U.S.C.
1490(c)(1)) is amended by striking ``paragraphs (1) through
(4) of subsection (a)'' and inserting ``subparagraphs (A)
through (D) of subsection (a)(1)''.
(10) Sections 1207(b)(2) and 1210(b)(1) of the Omnibus
Trade and Competitiveness Act of 1988 (19 U.S.C. 3007(b)(2)
and 3010(b)(1)) are each amended by striking ``484(e)'' and
``1484(e)'' and inserting ``484(f)'' and ``1484(f)'',
respectively.
(11) Section 641(d)(2)(B) of the Tariff Act of 1930 (19
U.S.C. 1641(d)(2)(B)) is amended in the second to the last
sentence by striking ``his'' and inserting ``the''.
(12) Section 621(4)(A) of the North American Free Trade
Agreement Implementation Act is amended by striking
``disclosure in 30 days'' and inserting ``disclosure within
30 days''.
(13) Section 592(d) of the Tariff Act of 1930 (19 U.S.C.
1592(d)) is amended in the subsection heading by striking
``Taxes'' and inserting ``Taxes,''.
(14) Section 625(a) of the Tariff Act of 1930 (19 U.S.C.
1625(a)) is amended by striking ``chapter'' and inserting
``Act''.
(15) Section 413(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1413(a)(1)) is amended by striking ``this Act'' and inserting
``the North American Free Trade Agreement Implementation
Act''.
SEC. 22. TECHNICAL AMENDMENT REGARDING JUDICIAL REVIEW.
Section 516A(g)(4)(A) of the Tariff Act of 1930 (19 U.S.C.
1516a(g)(4)(A)) is amended by striking ``Implementation
Agreement Act of 1988'' and inserting ``Agreement
Implementation Act of 1988''.
SEC. 23. RELIQUIDATION OF ENTRIES OF WARP KNITTING MACHINES.
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper
request filed with the Customs Service before the 90th day
after the date of the enactment of this Act, the Secretary of
the Treasury shall--
(1) liquidate or reliquidate as duty free Entry No. 100-
3022436-3, made on July 12, 1989, at the port of Charleston,
South Carolina; and
(2) refund any duties and interest paid with respect to
such entry.
SEC. 24. TEMPORARY SUSPENSION OF DUTY ON DICLOFOP-METHYL.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
[[Page 2702]]
`` 9902.30.16 Methyl 2-[4-(2,4- Free No change No change On or before 12/31/98''.
dichlorophenoxy)phenoxy
] propionate (diclofop-
methyl) in bulk or in
forms or packages for
retail sale containing
no other pesticide
products (CAS No. 51338-
27-3) (provided for in
subheading 2918.90.20
or 3808.30.15).........
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 25. ELIMINATION OF DUTY ON 2-AMINO-3-CHLOROBENZOIC ACID,
METHYL ESTER.
(a) In General.--Subheading 2922.49.05 of the Harmonized
Tariff Schedule of the United States is amended by inserting
after ``acid'' the following: ``; 2-Amino-3-chlorobenzoic
acid, methyl ester''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 26. ELIMINATION OF DUTY ON 3,3'-DIAMINOBENZIDINE
(TETRAAMINO BIPHENYL).
(a) In General.--Subheading 2921.59.17 of the Harmonized
Tariff Schedule of the United States is amended by striking
``and m-Xylenediamine'' and inserting ``m-Xylenediamine; and
3,3'-Diaminobenzidine (tetraamino biphenyl)''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
(2) Retroactive application.--Notwithstanding section 514
of the Tariff Act of 1930 or any other provision of law and
subject to paragraph (3), any article described in subheading
2921.59.17 of the Harmonized Tariff Schedule of the United
States (as amended by subsection (a)) that was entered--
(A) on or after January 1, 1995, and
(B) before the date that is 15 days after the date of the
enactment of this Act, and
to which lower rate of duty would have applied if the entry
had been made on or after the date that is 15 days after the
date of the enactment of this Act, shall be liquidated or
reliquidated as if such subheading 2921.59.17 as so amended
applied to such entry and the Secretary of the Treasury shall
refund any excess duty paid with respect to such entry.
(3) Requests.--Liquidation or reliquidation may be made
under subsection (b)(2) with respect to an entry only if a
request therefor is filed with the Customs Service, within
180 days after the date of the enactment of this Act, that
contains sufficient information to enable the Customs
Service--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be located.
SEC. 27. CERTAIN UNLIQUIDATED VESSEL REPAIR ENTRIES.
Section 484E of the Customs and Trade Act of 1990 (19
U.S.C. 1466 note) is amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(2)(B);
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph;
``(3) any entry listed in subsection (c) that was made
during the period beginning on January 1, 1993, and ending on
December 31, 1994, to the extent such entry involves the
purchase of equipment, the use of materials, or the expense
of repairs in a foreign country for 66 LASH (Lighter Aboard
Ship) barges documented under the laws of the United States
if--
``(A) such entry was not liquidated on January 1, 1995; and
``(B) such entry, had it been made on or after January 1,
1995, would otherwise be eligible for the exemption provided
in section 466(h)(1) of the Tariff Act of 1930 (19 U.S.C.
1466(h)(1)), and''; and
(2) by adding at the end the following:
``(c) Entries.--The entries referred to in subsection
(b)(3) are the following:
``(1) Numbered entries.--
Entry Number Date of Entry
C14-0025455-8 August 18, 1993
C14-0025456-6 August 18, 1993
C14-0025457-4 August 18, 1993
C14-0025473-1 August 27, 1993
C14-0025478-0 September 13, 1993
C14-0025479-8 September 13, 1993
C14-0025480-6 September 13, 1993
C14-0025481-4 September 13, 1993
C14-0025511-8 April 16, 1993
C14-0025533-2 April 30, 1993
C14-0025545-6 May 21, 1993
C14-0025546-4 May 21, 1993
C14-0025547-2 May 21, 1993
C14-0025558-9 June 15, 1993
C14-0025560-5 June 15, 1993
C14-0025574-6 July 21, 1993
C14-0025575-3 July 21, 1993
C14-0025603-3 July 23, 1993
C14-0025604-1 July 23, 1993
C14-0025605-8 July 23, 1993
C14-0025623-1 October 25, 1993
C14-0025624-9 October 25, 1993
C14-0025625-6 October 25, 1993
C14-0025635-5 November 8, 1993
C14-0025636-3 November 8, 1993
C14-0025637-1 November 8, 1993
C14-0025653-8 November 30, 1993
C14-0025654-6 November 30, 1993
C14-0025655-3 November 30, 1993
C14-0025657-9 November 30, 1993
C14-0025679-3 January 3, 1994
C14-0025680-1 January 3, 1994
C14-0025688-4 February 14, 1994
C14-0025689-2 February 14, 1994
C14-0025690-0 February 14, 1994
C14-0025691-8 February 14, 1994
C14-0025692-6 February 14, 1994
C14-0026803-8 January 24, 1994
C14-0026804-6 January 24, 1994
C14-0026805-3 January 24, 1994
C14-0026807-9 January 24, 1994
C14-0026808-7 January 24, 1994
C14-0026809-5 January 24, 1994
C14-0026810-3 January 24, 1994
C14-0026811-1 January 24, 1994
C14-0026826-9 March 10, 1994
C14-0026827-7 March 10, 1994
C14-0026828-5 March 10, 1994
C14-0026829-3 March 10, 1994
C14-0026830-1 March 10, 1994
C14-0026831-9 March 10, 1994
C14-0026832-7 March 10, 1994
C14-0026833-5 March 10, 1994
C14-0026841-8 March 31, 1994
C14-0026843-4 March 31, 1994
C14-0026852-5 May 5, 1994
C14-0026853-3 May 5, 1994
C14-0026854-1 May 5, 1994
C14-0026867-3 May 18, 1994
C14-0026869-9 May 18, 1994
C14-0026874-9 June 8, 1994
C14-0026875-6 June 8, 1994
C14-0026898-8 August 2, 1994
C14-0026899-6 August 2, 1994
C14-0040625-7 October 5, 1994.
``(2) Additional entry.--The entry of a 66th LASH barge
(No. CG E69), for which no entry number is available, if,
within 60 days after the date of the enactment of this
subsection, a proper entry is filed with the Customs
Service.''.
SEC. 28. DUTY ON DISPLAY FIREWORKS.
(a) In General.--Chapter 36 of the Harmonized Tariff
Schedule of the United States is amended by striking
subheading 3604.10.00 and inserting in numerical sequence the
following new subheadings, with the article description for
subheading 3604.10 having the same degree of indentation as
the article description for subheading 3604.90.00:
`` 3604.10 Fireworks:
3604.10.10 Display or 2.4% Free (A*, CA, E, IL, J, MX) 12.5%
special fireworks
(Class 1.3G).
3604.10.90 Other (including 5.3% Free (A*, CA, E, IL, J, MX) 12.5%''.
Class 1.4G).
(b) Conforming Amendment.--General note 4(d) of the
Harmonized Tariff Schedule of the United States is amended by
striking ``3604.00.00 India'' and inserting ``3604.10.10
India'' and ``3604.10.90 India''.
(c) Effective Date.--The amendment made by this section
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 29. PERSONAL ALLOWANCE DUTY EXEMPTION FOR MERCHANDISE
PURCHASED IN A DUTY-FREE SALES ENTERPRISE.
Section 555(b)(6) of the Tariff Act of 1930 (19 U.S.C.
1555(b)(6)) is amended--
(1) by striking ``Merchandise'' and inserting ``(A) Except
as provided in subparagraph (B), merchandise''; and
(2) by adding at the end the following new subparagraph:
``(B) Except in the case of travel involving transit to,
from, or through an insular possession of the United States,
merchandise described in subparagraph (A) that is purchased
by a United States resident shall be eligible for exemption
from duty under subheadings 9804.00.65, 9804.00.70, and
9804.00.72 of the Harmonized Tariff Schedule of the United
States upon the United States resident's return to the
customs territory of the United States, if the resident meets
the eligibility requirements for the exemption claimed.
Notwithstanding any other provision of law, such merchandise
shall be considered to be an article acquired abroad as an
incident of the journey from which the resident is returning,
for purposes of determining eligibility for any such
exemption.''.
[[Page 2703]]
SEC. 30. TEMPORARY DUTY SUSPENSION FOR CERTAIN MOTORCYCLES.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.98.06 Motorcycles produced in Free No change Free On or before 12/31/2006''.
the United States,
previously exported and
brought temporarily
into the United States
by nonresidents for the
purpose of
participating in the
Sturgis Motorcycle
Rally and Races........
(b) Articles To Be Subject to Informal Entry; Taxes and
Fees Not To Apply.--Notwithstanding section 484 of the Tariff
Act of 1930 (19 U.S.C. 1484) or any other provision of law,
the Secretary of the Treasury may authorize the entry of an
article described in heading 9902.98.06 of the Harmonized
Tariff Schedule of the United States (as added by subsection
(a)) on an oral declaration of the nonresident entering such
article and such article shall be free of taxes and fees
which may be otherwise applicable.
(c) Effective Date.--This section and the amendment made by
this section shall apply to articles entered, or withdrawn
from warehouse for consumption, on or after the 15th day
after the date of the enactment of this Act.
SEC. 31. DEFERRAL OF DUTY ON CERTAIN PRODUCTION EQUIPMENT.
(a) In General.--Section 3 of the Act of June 18, 1934
(commonly known as the Foreign Trade Zones Act, 19 U.S.C.
81c) is amended by adding at the end thereof the following
new subsection:
``(e) Production Equipment.--
``(1) In general.--Notwithstanding any other provision of
law, if all applicable customs laws are complied with (except
as otherwise provided in this subsection), merchandise which
is admitted into a foreign trade zone for use within such
zone as production equipment or as parts for such equipment,
shall not be subject to duty until such merchandise is
completely assembled, installed, tested, and used in the
production for which it was admitted.
``(2) Admission procedures.--The person who admits the
merchandise described in paragraph (1) into the zone shall,
at the time of such admission, certify to the Customs Service
that the merchandise is admitted into the zone pursuant to
this subsection for use within the zone as production
equipment or as parts for such equipment and that the
merchandise will be entered and estimated duties deposited
when use of the merchandise in production begins.
``(3) Entry procedures.--At the time use of the merchandise
in production begins, the merchandise shall be entered, as
provided for in section 484 of the Tariff Act of 1930, and
estimated duties shall be deposited with the Customs Service.
The merchandise shall be subject to tariff classification
according to its character, condition, and quantity, and at
the rate of duty applicable, at the time use of the
merchandise in production begins.
``(4) Foreign trade zone.--For purposes of this subsection,
the term `foreign trade zone' includes a subzone.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to merchandise admitted into a
foreign trade zone after the date that is 15 days after the
date of the enactment of this Act.
SEC. 32. TEMPORARY SUSPENSION OF DUTY ON THIDIAZURON.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.30.17 N-phenyl-N'-(1,2,3- Free No change No change On or before 12/31/98''.
thiadiazol-5-yl urea
(thidiazuron) in bulk
or in forms or packages
for retail sale (CAS
No. 51707-55-2)
(provided for in
subheading 2934.90.15
or 3808.30.15).........
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 33. 2,3,3-TRIMETHYL-INDOLENINE.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.33.90 2,3,3-Trimethyl- Free No change No change On or before 12/31/99''.
indolenine (CAS No.
1640-39-7) (provided
for in subheading
2933.90.82)............
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 34. BIS(4-AMINO-3-METHYLCYCLOHEXYL)-METHANE.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.30.30 Bis(4-amino-3- Free No change No change On or before 12/31/99''.
methylcyclohexyl)-
methane (CAS No. 6864-
37-5) (provided for in
subheading 2921.30.30).
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 35. LIMITATION ON DESIGNATION AS BENEFICIARY DEVELOPING
COUNTRY.
(a) In General.--Section 502(b)(2)(F) of the Trade Act of
1974 (19 U.S.C. 2462(b)(2)(F)) is amended to read as follows:
``(F) Such country aids or abets, by granting sanctuary
from prosecution to, any individual or group which has
committed an act of international terrorism or the Secretary
of State makes a determination with respect to such country
under section 6(j)(1)(A) of the Export Administration Act of
1979.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1996.
SEC. 36. TEMPORARY DUTY SUSPENSION ON CERTAIN CHEMICALS USED
IN THE FORMULATION OF AN HIV PROTEASE
INHIBITOR.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new headings:
`` 9902.30.63 3-Acetoxy-2- Free No change No change On or before 3/31/97
methylbenzoyl
chloride (CAS No.
167678-46-8)
(provided for in
subheading
2918.29.65)..........
9902.30.64 (S-(R*,S*))-(3-Chloro- Free No change No change On or before 3/31/97
2-hydroxy-1-
((phenylthio)methyl)p
ropyl)-carbamic acid
phenylmethyl ester
(CAS No. 159878-02-1)
(provided for in
subheading
2922.19.60)..........
9902.30.65 N-(1,1- Free No change No change On or before 3/31/97''.
dimethylethyl)deca-
hydro-2-[2-hydroxy-3-
[(3-hydroxy-2-
methylbenzoyl)-
amino]-4-
(phenylthio)butyl]-3-
isoquinolinecarboxami
de, [3S-[2(2S*,3S*),
3.a.,4a.b.,8a.b.]]
(CAS No. 159989-64-7)
(provided for in
subheading
2933.40.60)..........
[[Page 2704]]
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the date that is 15
days after the date of the enactment of this Act.
SEC. 37. TREATMENT OF CERTAIN ENTRIES OF BUFFALO LEATHER.
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, buffalo leather,
provided for in subheading 4104.39.20 of the Harmonized
Tariff Schedule of the United States, that is a product of
Thailand and entered into the United States under entry
numbers M42-1113868-8 and M42-1113939-7, shall, upon proper
request filed with the Customs Service not later than 90 days
after the date of the enactment of this Act, be liquidated or
reliquidated, as appropriate, as if entered on June 30, 1995.
SEC. 38. FEES FOR CERTAIN CUSTOMS SERVICES.
(a) In General.--Section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(5)) is amended--
(1) in subparagraph (A), by inserting ``a place'' after
``aircraft from''; and
(2) in subparagraph (B), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''.
(b) Limitation on Fees.--Section 13031(b)(1) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(1)) is amended to read as follows:
``(b) Limitations on Fees.--(1)(A) No fee may be charged
under subsection (a) of this section for customs services
provided in connection with--
``(i) the arrival of any passenger whose journey--
``(I) originated in--
``(aa) Canada,
``(bb) Mexico,
``(cc) a territory or possession of the United States, or
``(dd) any adjacent island (within the meaning of section
101(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(5))), or
``(II) originated in the United States and was limited to--
``(aa) Canada,
``(bb) Mexico,
``(cc) territories and possessions of the United States,
and
``(dd) such adjacent islands;
``(ii) the arrival of any railroad car the journey of which
originates and terminates in the same country, but only if no
passengers board or disembark from the train and no cargo is
loaded or unloaded from such car while the car is within any
country other than the country in which such car originates
and terminates;
``(iii) the arrival of any ferry; or
``(iv) the arrival of any passenger on board a commercial
vessel traveling only between ports which are within the
customs territory of the United States.
``(B) The exemption provided for in subparagraph (A) shall
not apply in the case of the arrival of any passenger on
board a commercial vessel whose journey originates and
terminates at the same place in the United States if there
are no intervening stops.
``(C) The exemption provided for in subparagraph (A)(i)
shall not apply to fiscal years 1994, 1995, 1996, and
1997.''.
(c) Fee Assessed Only Once.--Section 13031(b)(4) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``No fee'' and inserting ``(A) No fee'';
and
(3) by adding at the end the following new subparagraph:
``(B) In the case of a commercial vessel making a single
voyage involving 2 or more United States ports with respect
to which the passengers would otherwise be charged a fee
pursuant to subsection (a)(5), such fee shall be charged only
1 time for each passenger.''.
(d) Effective Date.--The amendments made by this section
shall take effect as if included in the amendments made by
section 521 of the North American Free Trade Agreement
Implementation Act.
SEC. 39. INJURY DETERMINATIONS FOR CERTAIN COUNTERVAILING
DUTY ORDERS.
Section 753 of the Tariff Act of 1930 (19 U.S.C. 1675b) is
amended--
(1) by inserting ``or section 701(c)'' after ``section
303'' each place it appears in the section heading and text;
and
(2) in subsections (a)(2) and (c) by striking ``under
section 303(a)(2)''.
SEC. 40. TREATMENT OF DIFFERENCE BETWEEN COLLECTIONS OF
ESTIMATED ANTIDUMPING DUTY AND FINAL ASSESSED
DUTY UNDER ANTIDUMPING DUTY ORDER.
Section 737(a) of the Tariff Act of 1930 (19 U.S.C.
1673f(a)) is amended--
(1) in the matter preceding paragraph (1) by striking
``deposit collected'' and inserting ``deposit, or the amount
of any bond or other security, required'';
(2) in paragraph (1) by striking ``the cash deposit
collected'' and inserting ``that the cash deposit, bond, or
other security''; and
(3) in paragraph (2) by striking ``refunded, to the extent
the cash deposit'' and inserting ``refunded or released, to
the extent that the cash deposit, bond, or other security''.
SEC. 41. CERTAIN LEAD FUEL TEST ASSEMBLIES.
(a) In General.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
the Secretary of the Treasury shall--
(1) liquidate or reliquidate as free of duty the entries
listed in subsection (b), and
(2) refund any duties paid with respect to such entry,
if the importer files a request therefor with the Customs
Service within 90 days after the date of the enactment of
this Act.
(b) Entries.--The entries referred to in subsection (a) are
as follows:
Entry Number Date of Entry
110-0675952-3 March 9, 1990
110-1525996-0 September 19, 1990
110-3667810-7 November 7, 1990
110-1526938-1 December 21, 1990.
SEC. 42. SUSPENSION OF DUTY ON CERTAIN INJECTION MOLDING
MACHINES.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.84.77 Automated multi- Free No change No change On or before 12/31/2000''.
plunger transfer
presses, suitable for
use in the
encapsulation with
thermosetting
materials of diodes,
transistors, and
similar semiconductor
devices or electronic
integrated circuits
(provided for in
subheading
8477.10.80)..........
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 43. RELIQUIDATION OF CERTAIN ENTRIES OF COLOR
TELEVISIONS.
(a) In General.--Notwithstanding sections 514 and 520 of
the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any
other provision of law, the Customs Service shall, not later
than 90 days after the date of the enactment of this Act,
liquidate or reliquidate those entries made at various ports,
which are listed in subsection (c), in accordance with the
final results of the administrative reviews, covering the
period from April 1, 1984, through March 31, 1991, conducted
by the International Trade Administration of the Department
of Commerce for such entries (case number A-580-008).
(b) Payment of Amounts Owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry under subsection (a) shall be paid by the Customs
Service within 90 days after such liquidation or
reliquidation.
(c) Entry List.--The entries referred to in subsection (a)
are the following:
Entry Number Date of Entry
84-915604-7 July 6, 1984
84-915604-7 July 6, 1984
84-915830-4 July 17, 1984
84-916057-0 August 9, 1984
84-916057-0 August 9, 1984
84-916302-7 July 28, 1984
84-916323-4 July 28, 1984
84-916302-7 July 30, 1984
84-525823-7 September 20, 1984
84-525823-7 September 25, 1984
84-525971-5 October 17, 1984
84-525971-5 October 17, 1984
84-525971-5 October 17, 1984
84-525971-5 October 17, 1984
84-525971-5 October 17, 1984
85-279644-9 October 4, 1984
85-279654-6 October 9, 1984
85-280518-1 December 28, 1984
85-280518-1 December 28, 1984
85-102631-4 November 13, 1984
85-102631-4 November 13, 1984
85-401288-5 October 8, 1984
84-444821-3 August 3, 1984
84-444821-3 August 3, 1984
85-422162-4 October 31, 1984
85-422162-4 October 31, 1984
84-215744-1 July 6, 1984
84-216018-2 August 6, 1984
84-208013-6 July 30, 1984
84-208013-6 July 30, 1984
84-208511-5 July 30, 1984
84-208013-6 August 1, 1984
84-208968-7 August 7, 1984
84-208968-7 August 7, 1984
85-151075-2 February 5, 1985
85-210038-1 March 27, 1985
84-780372-9 August 3, 1984
84-781699-4 September 6, 1984
84-781699-4 September 6, 1984
84-781699-4 September 6, 1984
84-781846-8 September 18, 1984
85-944006-0 May 3, 1985
85-294383-6 August 27, 1985
86-215010-1 October 30, 1985
86-215185-4 December 2, 1985
86-215310-8 December 16, 1985
85-602949-7 April 15, 1985
85-602950-7 April 19, 1985
85-602966-2 April 19, 1985
85-603347-0 April 26, 1985
85-603523-2 May 8, 1985
[[Page 2705]]
85-604545-5 May 31, 1985
86-383795-7 April 22, 1986
110-1905894-7 February 23, 1987
86-216530-3 April 16, 1986
110-0269614-1 January 12, 1987
110-0269942-6 January 19, 1987
110-0269947-5 January 19, 1987
110-0269942-6 January 22, 1987
86-477371-9 August 14, 1986
86-477371-9 August 20, 1986
331-3808023-0 October 20, 1986
331-3808023-0 October 20, 1986
86-198869-1 September 9, 1986
86-198893-4 September 17, 1986
86-198964-5 October 14, 1986
331-3807959-6 October 15, 1986
331-3807959-6 October 15, 1986
331-3807959-6 October 15, 1986
331-3807959-6 October 15, 1986
331-3808023-0 October 20, 1986
331-3812541-5 December 26, 1986
331-3812541-5 December 26, 1986
331-3813766-7 February 19, 1987
110-1123057-7 January 2, 1987
110-1124082-4 March 26, 1987
110-1272348-9 November 14, 1986
110-1272348-9 November 14, 1986
110-1272505-4 December 10, 1986
110-1272505-4 December 10, 1986
110-1273532-7 January 10, 1987
110-1274561-5 February 20, 1987
110-1274921-1 March 6, 1987
110-1275320-5 March 23, 1987
110-1275321-3 March 31, 1987
110-1907947-1 January 22, 1988
110-1906495-2 June 5, 1987
110-1906599-1 June 22, 1987
110-1906599-1 June 22, 1987
110-1906856-5 August 2, 1987
110-1907967-9 January 27, 1988
110-1908198-0 March 4, 1988
110-1908178-2 March 10, 1988
110-0294344-8 May 6, 1987
110-0294344-8 June 5, 1987
110-1124130-1 April 1, 1987
110-1124130-1 April 2, 1987
110-1124130-1 April 2, 1987
110-1125551-7 July 17, 1987
110-1125551-7 July 17, 1987
110-1126810-6 October 27, 1987
110-1127047-4 November 6, 1987
110-1127620-8 December 23, 1987
110-1275844-4 April 16, 1987
110-1278958-9 September 10, 1987
110-1278958-9 September 10, 1987
110-1279151-0 September 18, 1987
110-1279825-9 October 8, 1987
110-1279767-3 October 16, 1987
110-1280177-2 October 21, 1987
110-1280206-9 October 22, 1987
110-1282001-2 January 12 1988
110-1282566-4 February 11, 1988
110-1282642-3 February 11, 1988
110-1286015-8 February 22, 1988
110-1286165-1 March 16, 1988
110-1286165-1 March 16, 1988
110-1286165-1 March 16, 1988
110-1908453-9 April 22, 1988
110-1908567-6 May 11, 1988
110-1908567-6 May 11, 1988
110-1908928-0 June 29, 1988
110-1129739-4 May 13, 1988
110-1131047-8 August 4, 1988
110-1133675-4 January 6, 1989
110-1286261-8 April 7, 1988
110-1286261-8 April 7, 1988
110-1286492-9 May 12, 1988
110-1286492-9 May 12, 1988
110-1286492-9 May 12, 1988
110-1286677-5 June 16, 1988
110-1286796-3 July 7, 1988
110-1286965-4 August 4, 1988
110-1286965-4 August 4, 1988
110-1288931-4 December 8, 1988
110-0301260-3 May 12, 1989
110-0301272-8 May 19, 1989
110-0153952-4 September 3, 1989
110-1135558-0 May 12, 1989
110-1135558-0 May 12, 1989
110-1136677-7 July 11, 1989
110-1139014-0 November 24, 1989
110-1294013-3 September 14, 1989
110-1298751-4 May 15, 1990
110-1274861-9 March 4, 1987
110-1274863-5 March 4, 1987
110-1275349-4 May 12, 1987
110-1285836-8 August 31, 1988
110-1286179-2 March 25, 1988
110-1286180-0 March 25, 1988
110-1286181-8 March 25,1988
110-1286265-9 April 5, 1988
110-1286507-4 May 12, 1988
110-1286580-1 May 26, 1988
110-1286582-7 May 26, 1988
110-1286584-3 May 26, 1988
110-1286634-6 June 7, 1988
110-1286681-7 June 18, 1988
110-1286751-8 June 23, 1988
110-1286782-3 July 7, 1988
110-1286879-7 July 27, 1988
110-1286881-3 August 1, 1988
110-1286882-1 August 10, 1988
110-1286925-8 July 27, 1988
110-1286927-4 August 1, 1988
110-1286972-0 August 11, 1988
110-1286991-0 August 1, 1988
110-1286993-6 August 1, 1988
110-1287029-8 August 15, 1988
110-1287030-6 August 15, 1988
110-1287031-4 August 15, 1988
110-1287032-2 August 15, 1988
110-1287061-1 August 15, 1988
110-1287062-9 August 15, 1988
110-1287078-5 August 17, 1988
110-1287095-9 August 19, 1988
110-1287147-8 September 2, 1988
110-1288475-2 November 23, 1988
110-1288478-8 November 10, 1988
110-1289801-8 January 20, 1989
110-1293960-6 September 11, 1989
110-1296719-3 February 12, 1990.
SEC. 44. ARTICLES USED TO PROVIDE REPAIR AND MAINTENANCE
SERVICES.
(a) In General.--Subchapter I of chapter 98 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9801.00.85 Professional books, Free Free''.
implements,
instruments, and tools
of trade, occupation,
or employment, when
returned to the United
States after having
been exported for use
temporarily abroad, if
imported by or for the
account of the person
who exported such
items.................
(b) Effective Date.--The amendment made by subsection (a)
applies to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 45. YTTRIUM OXIDE AND CERIUM ALUMINUM TERBIUM USED AS
LUMINOPHORES.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.32.06 Yttrium oxide and cerium Free No change No change On or before 12/31/2000''.
aluminum terbium of a
kind used as
luminophores (provided
for in subheading
3206.50.00).............
(b) Effective Date.--The amendment made by subsection (a)
applies to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 46. PHARMACEUTICAL GRADE PHOSPHOLIPIDS.
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514), or any other provision of law, upon proper
request filed with the Customs Service not later than 90 days
after the date of the enactment of this Act, any entry, or
withdrawal from warehouse for consumption, of pharmaceutical
grade phospholipids that--
(1) was made under subheading 2923.20.00 of the Harmonized
Tariff Schedule of the United States;
(2) with respect to which a lower rate of duty would have
applied if such entry or withdrawal had been made under
subheading 2923.20.10 or 2923.20.20 of such Schedule; and
(3) was made after March 29, 1991, and before January 1,
1995;
shall be liquidated or reliquidated as if such lower rate of
duty applied to such entry or withdrawal.
SEC. 47. CERTAIN STRUCTURES, PARTS AND COMPONENTS USED IN THE
GEMINI TELESCOPES PROJECT, MAUNA KEA, HAWAII.
(a) In General.--The Secretary of the Treasury is
authorized and directed to admit free of duty after March 31,
1997, the following articles for the use of the Association
of Universities for Research in Astronomy, Inc. in the
construction of the Gemini North Telescope, Mauna Kea,
Hawaii, as part of the international Gemini 8-Meter
Telescopes Project:
(1) The telescope enclosure, produced by Coast Steel
Fabricators, Ltd., Port Coquitlam, British Columbia, Canada.
(2) The telescope structure assemblies, produced by G.I.E.
Telas, Cannes le Bocca, France.
(3) The telescope mirror coating plant, produced by the
Royal Greenwich Observatories, Cambridge, United Kingdom.
(4) The telescope primary mirror, polished by REOSC, Saint-
Pierre-du-Perray, France.
(5) The telescope secondary mirror, produced by Carl Zeiss,
Oberkochen, Germany.
(6) The telescope acquisition, guiding, and wavefront
sensing equipment, produced by the Royal Greenwich
Observatories, Cambridge, United Kingdom.
(b) Reliquidation.--If the liquidation of the entry of any
article described in subsection (a) has become final before
April 1, 1997, the entry shall, notwithstanding any other
provision of law, be reliquidated on April 1, 1997, in
accordance with the provisions of this section and the
appropriate re
[[Page 2706]]
fund of duty made at the time of such reliquidation.
SEC. 48. ARTICLES PROVIDED TO STEWARD OBSERVATORY.
(a) Articles Provided by Max Planck Institute.--
(1) In general.--Subsection (f) of section 240 of the Trade
and Tariff Act of 1984 (98 Stat. 2994) is amended by striking
``and before November 1, 1993''.
(2) Technical amendments.--
(A) Section 240(a)(1)(A) of such Act is amended by striking
``headnote 6(a) of part 4 of schedule 8 of the Tariff
Schedules of the United States (19 U.S.C. 1202)'' and
inserting ``U.S. note 6(a) of subchapter X of chapter 98 of
the Harmonized Tariff Schedule of the United States (19
U.S.C. 3007)''.
(B) Section 240(e) of such Act is amended by striking
``headnote 1 of part 4 of schedule 8 (19 U.S.C. 1202)'' and
inserting ``U.S. note 1 of subchapter X of chapter 98 of the
Harmonized Tariff Schedule of the United States''.
(3) Effective date.--
(A) In general.--The amendments made by this subsection
shall apply with respect to articles entered, or withdrawn
from warehouse for consumption, on or after the date that is
15 days after the date of the enactment of this Act.
(B) Reliquidation.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514), or any other provision
of law, upon a request filed with the Customs Service on or
before the 90th day after the date of the enactment of this
Act, any entry, or withdrawal from warehouse for consumption,
of an article--
(i) that was made after October 31, 1993, and before the
15th day after the date of the enactment of this Act, and
(ii) with respect to which there would have been no duty,
if the amendments made by this subsection applied to such
entry,
shall be liquidated or reliquidated as though such entry or
withdrawal occurred on the 15th day after the date of the
enactment of this Act.
(b) Telescope Components, Parts, and Equipment Provided by
Arcetri Astrophysical Observatory and Max Planck Institute.--
(1) In general.--The Secretary of the Treasury is
authorized and directed to admit free of duty on and after
the date that is 15 days after the date of the enactment of
this Act, the large binocular telescope components, parts,
and equipment provided by the Arcetri Astrophysical
Observatory and the Max Planck Institute for use by the
Steward Observatory of the University of Arizona.
(2) Reliquidation.--If the liquidation of the entry of the
article described in paragraph (1) has become final before
the date that is 15 days after the date of the enactment of
this Act, the entry shall, notwithstanding any other
provision of law, be reliquidated on such date of enactment,
in accordance with the provisions of this subsection and the
appropriate refund of duty made at the time of such
reliquidation.
SEC. 49. RELIQUIDATION OF CERTAIN FROZEN CONCENTRATED ORANGE
JUICE ENTRIES.
(a) In General.--Notwithstanding sections 514 and 520 of
the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any
other provision of law, the United States Customs Service
shall, not later than 90 days after the date of the enactment
of this Act, liquidate or reliquidate those entries listed in
subsection (c) in accordance with the final results of the
administrative review, covering the period from June 7, 1987,
through January 31, 1990, conducted by the International
Trade Administration of the Department of Commerce for such
entries (case number A-351-605).
(b) Payment of Amounts Owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry under subsection (a) shall be paid by the Customs
Service within 90 days after such liquidation or
reliquidation.
(c) Entry List.--The entries referred to in subsection (a)
are the following:
Entry Number Date of Entry
032-01195421 June 18, 1987
032-01195462 June 7, 1987
032-01219825 September 14, 1987
032-01225350 October 16, 1987
032-01225376 October 19, 1987
032-01225392 October 19, 1987
032-01236019 November 12, 1987
032-01249301 January 8, 1988
032-01257361 February 17, 1988
032-01261470 March 24, 1988
032-01373267 April 20, 1989
032-01377870 May 12, 1989
032-01381757 May 15, 1989
032-01381781 May 24, 1989
032-01422254 October 23, 1989
032-01422270 October 24, 1989
032-01428475 November 22, 1989
032-01441056 December 22, 1989
032-01441072 December 22, 1989
032-01488792 May 24, 1990
102-01085312 June 7, 1987
102-01089603 August 15, 1987
102-01092748 September 14, 1987
102-01103487 February 5, 1988
102-01131702 January 17, 1989
102-01139812 May 2, 1989
102-01141040 May 15, 1989
102-01559141 January 31, 1990.
SEC. 50. TWINE, CORDAGE, ROPES, AND CABLES.
(a) Tariff Reduction.--Chapter 56 of the Harmonized Tariff
Schedule of the United States is amended by striking
subheading 5607.50.20 and inserting the following new
superior text and subheadings, with the superior text having
the same degree of indentation as the article description for
subheading 5607.50.40:
`` Not braided or
plaited:
5607.50.25 3-ply or 4-ply 7.8% Free (IL) 76.5%
multi-colored 1.6% (CA)
twine having a 4.4% (MX)
final ``S''
twist,
containing at
least 10
percent by
weight of
cotton,
measuring less
than 3.5 mm in
diameter.......
5607.50.35 Other........... 26.1 cents/kg + Free (IL) 27.6 cents/kg + 76.5%
14.2% 5.5 cents/kg +
3% (CA)
9.7% (MX)''.
(b) Staged Rate Reductions.--The rates of duty in the
general subcolumn of rate column numbered 1, and the rates of
duty for goods of Canada and for goods of Mexico in the
special subcolumn of rate column numbered 1, for subheadings
5607.50.25 and 5607.50.35 of the Harmonized Tariff Schedule
of the United States (as added by subsection (a)) shall be
accorded the staged reductions previously proclaimed by the
President for the corresponding rates of duty for subheadings
5607.49.15 and 5607.50.20 of the Harmonized Tariff Schedule
of the United States, respectively.
(c) Effective Date.--
(1) In general.--The amendments made by this section apply
with respect to goods entered, or withdrawn from warehouse
for consumption, on or after the 15th day after the date of
the enactment of this Act.
(2) Retroactive application.--Notwithstanding section 514
of the Tariff Act of 1930, or any other provision of law,
upon a request filed with the Customs Service not later than
90 days after the date of the enactment of this Act, any
entry, or withdrawal from warehouse for consumption, of an
article described in subheading 5607.50.25 of the Harmonized
Tariff Schedule of the United States (as added by subsection
(a)) that was made--
(A) after December 31, 1988; and
(B) before the 15th day after the date of the enactment of
this Act;
shall be liquidated or reliquidated as though the amendment
made by subsection (a) applied to entry or withdrawal from
warehouse.
SEC. 51. SUSPENSION OF DUTY ON CERTAIN FATTY ACID ESTERS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.38.24 Mixtures of octanoic Free No change No change On or before 12/31/2000''.
acid, methyl ester and
decanoic acid, methyl
ester; mixtures of
dodecanoic acid, methyl
ester and tetradecanoic
acid, methyl ester; and
mixtures of hexadecanoic
acid, methyl ester,
octadecanoic acid,
methyl ester,
octadecenoic acid,
methyl ester (all of the
foregoing provided for
in subheading
3824.90.40).............
(b) Effective Date.--The amendment made by subsection (a)
applies to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 52. DUTY SUSPENSION ON A MOBILE BISON SLAUGHTER UNIT.
The Secretary of the Treasury shall admit free of duty a
Mobile Bison Slaughter Unit for use by the Pte Hca Ka. If the
liquidation of the entry of the Mobile Bison Slaughter Unit
becomes final before the date of the enactment of this Act,
the Secretary of the Treasury shall, notwithstanding section
514 of the Tariff Act of 1930 (19 U.S.C. 1514), or any other
provision of law, upon proper request filed with the Customs
Service--
(1) within 90 days after such request is filed, reliquidate
the entry in accordance with the provisions of this section;
and
[[Page 2707]]
(2) at the time of such reliquidation, make the appropriate
refund of any duty paid with respect to the entry.
SEC. 53. EXEMPTION FROM TARIFFS AND FEES FOR CERTAIN AIRCRAFT
PARTS AND EQUIPMENT.
General Note 16 of the Harmonized Tariff Schedule of the
United States is amended--
(1) by striking ``and'' at the end of subdivision (d),
(2) by inserting ``and'' at the end of subdivision (e), and
(3) by inserting immediately after subdivision (e), the
following new subdivision:
``(f) any aircraft part or equipment that was removed from
a United States-registered aircraft while being used abroad
in international traffic because of accident, breakdown, or
emergency, that was returned to the United States within 45
days after removal, and that did not leave the custody of the
carrier or foreign customs service while abroad,''.
SEC. 54. RELIQUIDATION OF CERTAIN ENTRIES OF LIVE SWINE.
(a) In General.--Notwithstanding sections 514 and 520 of
the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any
other provision of law and subject to the provisions of
subsection (b), the Customs Service shall, not later than 90
days after the receipt of the request described in subsection
(b), liquidate or reliquidate those entries listed in
subsection (d), in accordance with the final results of the
administrative review, covering the period April 1, 1988,
through March 31, 1989, conducted by the International Trade
Administration of the Department of Commerce for such entries
(case number C-122-404).
(b) Requests.--Reliquidation may be made under subsection
(a) with respect to an entry described in subsection (d) only
if a request therefor is filed with the Customs Service
within 90 days after the date of the enactment of this Act
and the request contains sufficient information to enable the
Customs Service to locate the entry or reconstruct the entry
if it cannot be located.
(c) Payment of Amounts Owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry under subsection (a) shall be paid by the Customs
Service within 90 days after such liquidation or
reliquidation.
(d) Entry List.--The entries referred to in subsection (a)
are the following:
Entry Number Date of Entry
0328636 April 4, 1988
0328635 April 5, 1988
3114146 April 12, 1988
3114193 April 13, 1988
3114469 April 21, 1988
3114629 April 26, 1988
3114624 April 27, 1988
3114707 April 28, 1988
0328611 April 28, 1988
3120073 October 24, 1988
3120143 October 25, 1988
3120156 October 26, 1988
3120208 October 27, 1988
3120264 October 28, 1988
3120288 October 31, 1988
3120450 November 3, 1988
3120581 November 4, 1988
3120754 November 10, 1988
4176900 November 15, 1988
3120843 November 16, 1988
3121067 November 22, 1988
3121138 November 23, 1988
3121149 November 25, 1988
3121200 November 28, 1988
4177953 November 28, 1988
3121241 November 29, 1988
3121350 November 30, 1988
3121412 December 2, 1988
3121503 December 6, 1988
3121621 December 7, 1988
3121669 December 9, 1988
3121744 December 12, 1988
3121803 December 13, 1988.
SEC. 55. RELIQUIDATION OF CERTAIN ENTRIES OF SEWING MACHINES.
(a) In General.--Notwithstanding sections 514 and 520 of
the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any
other provision of law, upon the importer of record
demonstrating to the Customs Service within 90 days after the
date of the enactment of this Act that an entry described in
subsection (c) is qualified for reimbursement based on the
decision issued by the United States Court of International
Trade in Pfaff American Sales Corp. v. United States, 17 CIT
550 (1993), the entry shall be liquidated or reliquidated
pursuant to such decision.
(b) Payment of Amounts Owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry under subsection (a) shall be paid by the Customs
Service within 90 days after such liquidation or
reliquidation.
(c) Entries Described.--The entries referred to in
subsection (a) are the following:
Entry number Date of entry Date of liquidation
558-0910359-5 October 17, 1989............. October 5, 1990
558-0912182-9 December 12, 1989............ June 21, 1991
558-0014104-0 February 15, 1990............ June 21, 1991
558-0015018-1 March 5, 1990................ June 15, 1990
558-0017399-3 May 11, 1990................. September 7, 1990
558-0022654-4 October 29, 1990............. February 22, 1991
558-0022925-8 October 29, 1990............. February 22, 1991
558-0024202-0 December 20, 1990............ June 21, 1991
558-0126244-9 March 7, 1991................ June 28, 1991
558-0127195-2 April 8, 1991................ July 26, 1991
558-0128001-1 May 13, 1991................. September 13, 1991
558-0129908-6 July 22, 1991................ November 22, 1991
558-0130242-7 July 25, 1991................ November 22, 1991
558-0130520-6 August 14, 1991.............. December 20, 1991
558-0130816-8 August 20, 1991.............. December 20, 1991
558-0130909-1 August 26, 1991.............. December 27, 1991
558-0131228-5 September 5, 1991............ January 24, 1992
558-0131341-6 September 5, 1991............ January 3, 1992
558-0131550-2 September 11, 1991........... December 27, 1991
558-0131548-6 September 18, 1991........... January 3, 1992
558-0131738-3 September 25, 1991........... January 17, 1992
558-0132026-2 September 30, 1991........... September 26, 1993
558-0132327-4 October 7, 1991.............. January 31, 1992
558-0132439-7 October 16, 1991............. January 10, 1992
558-0132581-6 October 24, 1991............. February 14, 1992
558-0132733-3 October 29, 1991............. February 14, 1992
558-0133193-9 November 12, 1991............ March 6, 1992
558-0133194-7 November 13, 1991............ March 6, 1992
558-0133454-5 November 21, 1991............ April 10, 1992
558-0133248-1 November 25, 1991............ March 20, 1992
558-0134088-0 December 10, 1991............ April 3, 1992
558-0134201-9 December 13, 1991............ April 3, 1992
558-0134351-2 December 23, 1991............ May 21, 1992
558-0134659-8 January 2, 1992.............. May 1, 1992
558-0235155-5 January 8, 1992.............. May 1, 1992
558-0235573-9 January 31, 1992............. June 19, 1992
558-0235748-7 February 10, 1992............ June 5, 1992
558-0235908-7 February 11, 1992............ June 12, 1992
558-0236144-8 February 18, 1992............ June 5, 1992
558-0236326-1 March 3, 1992................ June 26, 1992
558-0236540-7 March 3, 1992................ June 26, 1992
558-0236676-9 March 9, 1992................ July 10, 1992
558-0237217-1 March 31, 1992............... July 24, 1992
558-0237335-1 April 2, 1992................ July 21, 1992
558-0237440-9 April 9, 1992................ August 17, 1992
[[Page 2708]]
558-0237712-1 April 15, 1992............... August 14, 1992
558-0237968-9 April 23, 1992............... August 14, 1992
558-0238240-2 April 29, 1992............... August 21, 1992
558-0238343-4 May 4, 1992.................. September 4, 1992
558-0238659-3 May 19, 1992................. September 18, 1992
558-0239208-8 June 1, 1992................. September 25, 1992
558-0239321-9 June 4, 1992................. September 25, 1992
558-0239551-1 June 15, 1992................ October 9, 1992
558-0239653-5 June 16, 1992................ October 9, 1992
558-0240134-3 July 9, 1992................. November 6, 1992
558-0240840-5 July 13, 1992................ December 4, 1992
558-0240842-1 July 21, 1992................ November 6, 1992
558-0241524-4 August 10, 1992.............. December 11, 1992
558-0242334-7 September 3, 1992............ January 4, 1993
558-0242547-4 September 15, 1992........... January 8, 1993
558-0243505-1 October 13, 1992............. February 12, 1993
558-0243944-2 October 26, 1992............. February 26, 1993
558-0244841-9 November 23, 1992............ March 19, 1993
558-0245110-8 November 30, 1992............ April 9, 1993
558-0245700-6 December 21, 1992............ April 16, 1993
558-0346317-7 January 11, 1993............. May 14, 1993
558-0348026-2 March 16, 1993............... July 16, 1993
558-0348327-4 March 23, 1993............... July 16, 1993.
SEC. 56. TEMPORARY DUTY SUSPENSION ON CERTAIN TEXTURED ROLLED
GLASS SHEETS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.70.03 Rolled glass in sheets, Free No change No change On or before 12/31/98''.
yellow-green in color,
not finished or edged-
worked, textured on one
surface, suitable for
incorporation in
cooking stoves, ranges,
or ovens described in
subheading 8516.60.40
(provided for in
subheadings 7003.12.00
or 7003.19.00).........
(b) Effective Date.--
(1) In general.--The amendment made by this section applies
to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
(2) Retroactive applicability.--Notwithstanding section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request filed with the Customs
Service on or before the 90th day after the date of the
enactment of this Act, the entry of any article described in
heading 9902.70.03 of the Harmonized Tariff Schedule of the
United States (as amended by subsection (a))--
(A) which was made after January 1, 1995, and before the
15th day after the date of the enactment of this Act; and
(B) with respect to which there would have been no duty if
the amendment made by this section applied to such entry,
shall be liquidated or reliquidated as though such entry had
been made on the 15th day after the date of the enactment of
this Act.
SEC. 57. TEMPORARY SUSPENSION OF DUTY ON DEMT.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
`` 9902.32.12 N,N-Diethyl-m-toluidine Free No change No change On or before 12/31/98''.
(DEMT) (CAS No. 91-67-
8) (provided for in
subheading 2921.43.80).
(b) Effective Date.--The amendment made by subsection (a)
applies to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 58. INVESTIGATION ON CATTLE AND BEEF TRADE.
(a) In General.--The United States International Trade
Commission shall conduct a study pursuant to section 332 of
the Tariff Act of 1930, and not later than 270 days after the
date of the enactment of this Act, shall report to the
appropriate committees on--
(1) the impact of the North American Free Trade Agreement
and the Uruguay Round Agreements on United States imports and
exports of live cattle for slaughter and fresh, chilled, and
frozen beef; and
(2) the steps that have been taken by the United States,
since the enactment of the North American Free Trade
Agreement, to prevent the transshipment of live cattle and
fresh, chilled, and frozen beef through Mexico and Canada for
importation into the United States.
(b) Appropriate Committees.--For purposes of subsection
(a), the term ``appropriate committees'' means the Committee
on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives.
SEC. 59. SPECIAL RULE FOR GENERALIZED SYSTEM OF PREFERENCES.
The President is authorized to grant waivers under
subsections (c)(2)(F) and (d)(1) of section 503 of the Trade
Act of 1974 for those products that exceeded the limitations
for 1994 under section 504(c)(1) of the Trade Act of 1974, as
in effect on June 30, 1995, and lost eligibility for duty-
free treatment under title V of that Act as of July 1, 1995.
In granting such waivers, the President shall apply the
provisions of subsections (c)(3) and (d)(2) of section 504 of
the Trade Act of 1974, as in effect on July 31, 1995, and the
references to ``preceding calendar year'' in such section 504
shall be references to 1994.
On motion of Mr. CRANE, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.84 privileges of the house--return of bill to senate
Mr. CRANE rose to a question of the privileges of the House and
submitted the following privileged resolution (H. Res. 554):
Resolved, That the Senate amendment to the bill (H.R. 400)
entitled the ``Anaktuvuk Pass Land Exchange and Wilderness
Redesignation Act of 1995'', in the opinion of this House,
contravenes the first clause of the seventh section of the
first article of the Constitution of the United States and is
an infringement of the privileges of this House and that such
bill with the Senate amendment thereto be respectfully
returned to the Senate with a message communicating this
resolution.
When said resolution was considered.
After debate,
On motion of Mr. CRANE, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby the resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.117.85 navajo-hopi land dispute
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Resources was discharged from further consideration of the bill of the
Senate (S. 1973) to provide for the settlement of the Navajo-Hopi land
dispute, and for other purposes.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby the bill was passed was, by
unanimous consent, laid on the table.
[[Page 2709]]
Ordered, That the Clerk notify the Senate thereof.
para.117.86 permission to file report
On motion of Mr. GILCHREST, by unanimous consent, the Committee on
Resources was granted permission until 5 p.m., Friday, October 11, 1996,
to file a report H.R. 2041, the Guam War Restitution Act, as amended.
para.117.87 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 737. An Act to extend the deadlines applicable to
certain hydroelectric projects, and for other purposes; to
the Committee on Commerce.
S. 2153. An Act to designate the United States Post Office
building located in Brewer, Maine, as the ``Joshua Lawrence
Chamberlain Post Office Building'', and for other purposes;
to the Committee on Government Reform and Oversight.
para.117.88 enrolled bills signed
Mr. THOMAS, from the Committee on House Oversight, reported that the
committee had examined and found truly enrolled bills of the House of
the following titles, which were thereupon signed by the Speaker:
H.R. 657. An Act to extend the deadline under the Federal
Power Act applicable to the construction of three
hydroelectric projects in the State of Arkansas.
H.R. 680. An Act to extend the time for construction of
certain FERC licensed hydro projects.
H.R. 1014. An Act to authorize extension of time limitation
for a FERC-issued hydroelectric license.
H.R. 1290. An Act to reinstate the permit for, and extend
the deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Oregon, and for
other purposes.
H.R. 1335. An Act to provide for the extension of a
hydroelectric project located in the State of West Virginia.
H.R. 1366. An Act to authorize the extension of time
limitation for the FEREC-issued hydroelectric license for the
Mt. Hope Waterpower Project.
H.R. 1791. An Act to amend title XIX of the Social Security
Act to make certain technical corrections relating to
physicians' services.
H.R. 2501. An Act to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in Kentucky, and for other purposes.
H.R. 2630. An Act to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Illiois.
H.R. 2695. An Act to extend the deadline under the Federal
Power Act applicable to the construction of certain
hydroelectric projects in the State of Pennsylvania.
H.R. 2773. An Act to extend the deadline under the Federal
Power Act applicable to the construction of 2 hydroelectric
projects in North Carolina, and for other purposes.
H.R. 2816. An Act to reinstate the license for, and extend
the deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Ohio, and for
other purposes.
H.R. 2869. An Act to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Kentucky.
H.R. 3259. An Act to authorize appropriations for fiscal
year 1997 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
H.R. 3546. An Act to direct the Secretary of the Interior
to convey the Walhalla National Fish Hatchery to the State of
South Carolina.
H.R. 3877. An Act to designate the United States Post
Office building in Camden, Arkansas, as the ``Honorable David
H. Pryor Post Office Building''.
para.117.89 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
H.R. 3068. An Act to accept the request of the Prairie
Island Indian Community to revoke their charter of
incorporation issued under the Indian Reorganization Act.
H.R. 2660. An Act to increase the amount authorized to be
appropriated to the Department of the Interior for the Tensas
River National Wildlife Refuge, and for other purposes.
H.R. 2594. An Act to amend the Railroad Unemployment
Insurance Act to reduce the waiting period for benefits
payable under that Act, and for other purposes.
H.R. 2508. An Act to amend the Federal Food, Drug, and
Cosmetic Act to provide for improvements in the process of
approving and using animal drugs, and for other purposes.
para.117.90 leave of absence
By unanimous consent, leave of absence was granted--
To Ms. WATERS, for today; and
To Mrs. FOWLER, for today.
And then,
para.117.91 adjournment
On motion of Mr. FOX, pursuant to the special order heretofore agreed
to, at 11 o'clock and 42 minutes p.m., the House adjourned until 2
o'clock p.m. on Monday, September 30, 1996.
para.117.92 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. HYDE: Committee on the Judiciary. H.R. 3307. A bill to
amend title 5, United States Code, to provide for a
limitation on sanctions imposed by agencies and for other
purposes; with amendments (Rept. No. 104-859). Referred to
the Committee of the Whole House on the State of the Union.
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2392. A
bill to amend the Umatilla Basin Project Act to establish
boundaries for irrigation districts within the Umatilla
Basin, and for other purposes; with an amendment (Rept. No.
104-860). Referred to the Committee of the Whole House on the
State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Federal Government Management: Examining Government
Performance As We Near the Next Century (Rept. No. 104-861).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Investigation into the White House and Department of Justice
on Security of FBI Background Investigation Files (Rept. No.
104-862). Referred to the Committee of the Whole House on the
State of the Union.
Mr. LIVINGSTON: Committee of Conference. Conference report
on H.R. 3610. A bill making appropriations for the Department
of Defense for the fiscal year ending September 30, 1997, and
for other purposes (Rept. No. 104-863). Ordered to be
printed.
Mr. BLILEY: Committee of Conference. Conference report on
H.R. 3005. A bill to amend the Federal securities laws in
order to promote efficiency and capital information in the
financial markets, and to amend the Investment Company Act of
1940 to promote more efficient management of mutual funds,
protect investors, and provide more effective and less
burdensome regulation (Rept. No. 104-864). Ordered to be
printed.
Mr. BLILEY: Committee on Conference. H.R. 2976. A bill to
prohibit health plans from interfering with health care
provider communications with their patients; (Rept. No. 104-
865 Pt. 1). Ordered to be printed.
para.117.93 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2976. Referral to the Committees on Ways and Means,
Economic and Educational Opportunities, and Government Reform
and Oversight for a period ending not later than October 2,
1996.
para.117.94 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. BROWN of California (for himself, Mr. DeFazio,
Mr. Sanders, Mr. Dellums, Mr. Miller of California,
and Mr. Evans):
H.R. 4274. A bill to require the Commissioner of Social
Security and the Secretary of the Treasury to develop and
implement measures to eliminate and prevent mismatching of
earnings information maintained by the Social Security
Administration and the Internal Revenue Service resulting in
underpayment of social security benefits; to the Committee on
Ways and Means.
By Mr. GOODLING (for himself, Mr. Roberts, and Mr.
Miller of California):
H.R. 4275. A bill to provide funding for the nutrition
education and training program authorized under the Child
Nutrition Act of 1966, and for other purposes; to the
Committee on Economic and Educational Opportunities, and in
addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. EWING:
H.R. 4276. A bill to amend the Commodity Exchange Act to
provide a conditional exemption for certain transactions
involving professional markets, to clarify the effect of the
designation of a board of trade as a contract market, to
simplify the process for the making effective of contract
market rules, to regulate audit trail requirements, to
establish cost-benefit analysis requirements, and to combat
fraud in transactions in or involving foreign currency, and
for other purposes; to the Committee on Agriculture.
By Mr. GREENWOOD (for himself, Mr. Waxman, Mr. Burr,
Mr. Towns, Mr.
[[Page 2710]]
Klug, Mr. Franks of New Jersey, and Mr. Hall of
Texas):
H.R. 4277. A bill to amend the Federal Food, Drug, and
Cosmetic Act to allow for additional deferred effective dates
for approval of applications under the new drugs provisions,
and for other purposes; to the Committee on Commerce.
By Mr. LIVINGSTON:
H.R. 4278. A bill making omnibus consolidated
appropriations for the fiscal year ending September 30, 1997,
and for other purposes; considered and passed pursuant to the
order of the House.
By Mr. ACKERMAN:
H.R. 4279. A bill to direct the Secretary of Transportation
to determine the feasibility of placing bar codes on
passenger motor vehicles to facilitate the tracing of stolen
vehicles, and for other purposes; to the Committee on
Commerce.
By Mr. THOMAS:
H.R. 4280. A bill to amend title 44, United States Code, to
establish the Joint Committee on Information, and for other
purposes; to the Committee on House Oversight, and in
addition to the Committees on Government Reform and
Oversight, and Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. YOUNG of Alaska (for himself, Mr. Burton of
Indiana, and Mr. Gallegly):
H.R. 4281. A bill to provide a process leading to full
self-government for Puerto Rico; to the Committee on
Resources, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BATEMAN:
H.R. 4282. A bill to amend the National Defense
Authorization Act for fiscal year 1993 to make a technical
correction relating to the provision of Department of Defense
Assistance to local educational agencies; to the Committee on
Economic and Educational Opportunities, and in addition to
the Committee on National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LaTOURETTE:
H.R. 4283. A bill to provide for ballast water management
to prevent the introduction and spread of nonindigenous
species into the waters of the United States, and for other
purposes; to the Committee on Transportation and
Infrastructure, and in addition to the Committee on
Resources, for a period to be subsequently determined by the
Speader, in each case for consideration of such provisions as
fall within the jurisdiction of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. HOYER (for himself, Mr. Edwards, Mr.
Abercrombie, Mrs. Thurman, Mr. Sawyer, Mr. Wynn, Mr.
Bentsen, Ms. McCarthy, Mr. Dooley, Mr. Hinchey, Mr.
Dicks, Mr. Cummings, Mr. Frost, Mr. Scott, Mr. Moran,
and Mr. Richardson):
H.R. 4284. A bill to prohibit certain abortions; to the
Committee on Commerce.
By Mr. COX (for himself, Mr. Largent, Mr. Barton of
Texas, Mr. Gingrich, Mr. Armey, Mr. DeLay, Mr.
Boehner, Mr. Livingston, Mr. Archer, Mr. Kasich, Mr.
Paxon, Ms. Molinari, Mr. Clinger, Mr. Solomon, Mr.
Goss, Mr. Horn, Mr. Stenholm, Ms. Harman, Mr. Condit,
Mr. Hall of Texas, Mr. Peterson of Minnesota, Mr.
Poshard, Mr. Montgomery, Mr. Rose, Mr. Pete Geren of
Texas, Mr. Allard, Mr. Bachus, Mr. Baker of
California, Mr. Baker of Louisiana, Mr. Ballenger,
Mr. Barr, Mr. Barrett of Nebraska, Mr. Bartlett of
Maryland, Mr. Bass, Mr. Bateman, Mr. Bereuter, Mr.
Bilbray, Mr. Bilirakis, Mr. Bliley, Mr. Blute, Mr.
Boehlert, Mr. Bonilla, Mr. Bono, Mr. Brownback, Mr.
Bryant of Tennessee, Mr. Bunning of Kentucky, Mr.
Burr, Mr. Burton of Indiana, Mr. Buyer, Mr. Callahan,
Mr. Calvert, Mr. Camp, Mr. Campbell, Mr. Canady, Mr.
Castle, Mr. Chabot, Mr. Chambliss, Mrs. Chenoweth,
Mr. Christensen, Mr. Chrysler, Mr. Coble, Mr. Coburn,
Mr. Collins of Georgia, Mr. Combest, Mr. Cooley, Mr.
Crane, Mr. Crapo, Mr. Cremeans, Mrs. Cubin, Mr.
Cunningham, Mr. Deal of Georgia, Mr. Diaz-Balart, Mr.
Dickey, Mr. Doolittle, Mr. Dornan, Mr. Dreier, Mr.
Duncan, Ms. Dunn of Washington, Mr. Ehlers, Mr.
Ehrlich, Mr. English of Pennsylvania, Mr. Ensign, Mr.
Ewing, Mr. Flanagan, Mr. Foley, Mr. Fox, Mr. Fields
of Texas, Mr. Forbes, Mr. Franks of New Jersey, Mr.
Franks of Connecticut, Mr. Frelinghuysen, Mr. Frisa,
Mr. Funderburk, Mr. Gallegly, Mr. Ganske, Mr. Gekas,
Mr. Gilchrest, Mr. Gillmor, Mr. Gilman, Mr.
Goodlatte, Mr. Goodling, Mr. Graham, Mr. Greenwood,
Ms. Greene of Utah, Mr. Gunderson, Mr. Gutknecht, Mr.
Hancock, Mr. Hansen, Mr. Hastert, Mr. Hastings of
Washington, Mr. Hayes, Mr. Hayworth, Mr. Hefley, Mr.
Herger, Mr. Hilleary, Mr. Hoekstra, Mr. Hoke, Mr.
Hostettler, Mr. Houghton, Mr. Hunter, Mr. Hyde, Mr.
Inglis of South Carolina, Mr. Istook, Mrs. Johnson of
Connecticut, Mr. Sam Johnson, Mr. Jones, Mrs. Kelly,
Mr. Kim, Mr. King, Mr. Kingston, Mr. Klug, Mr.
Knollenberg, Mr. Kolbe, Mr. LaHood, Mr. Latham, Mr.
LaTourette, Mr. Laughlin, Mr. Lazio of New York, Mr.
Leach, Mr. Lewis of California, Mr. Lewis of
Kentucky, Mr. Lightfoot, Mr. Linder, Mr. Longley, Mr.
Lucas, Mr. McCollum, Mr. McCrery, Mr. McDade, Mr.
McHugh, Mr. McInnis, Mr. McIntosh, Mr. McKeon, Mr.
Manzullo, Mr. Martini, Mr. Metcalf, Mrs. Meyers of
Kansas, Mr. Mica, Mr. Miller of Florida, Mr.
Moorhead, Mrs. Myrick, Mr. Nethercutt, Mr. Neumann,
Mr. Ney, Mr. Norwood, Mr. Oxley, Mr. Packard, Mr.
Parker, Mr. Petri, Mr. Pombo, Mr. Portman, Ms. Pryce,
Mr. Quinn, Mr. Radanovich, Mr. Ramstad, Mr. Riggs,
Mr. Roberts, Mr. Rohrabacher, Ms. Ros-Lehtinen, Mr.
Roth, Mrs. Roukema, Mr. Royce, Mr. Salmon, Mr.
Sanford, Mr. Saxton, Mr. Scarborough, Mr. Schaefer,
Mr. Schiff, Mrs. Seastrand, Mr. Sensenbrenner, Mr.
Shadegg, Mr. Shaw, Mr. Shays, Mr. Shuster, Mr. Skeen,
Mr. Smith of New Jersey, Mr. Smith of Texas, Mrs.
Smith of Washington, Mr. Smith of Michigan, Mr.
Souder, Mr. Spence, Mr. Stearns, Mr. Stockman, Mr.
Stump, Mr. Talent, Mr. Tate, Mr. Tauzin, Mr. Thomas,
Mr. Thornberry, Mr. Tiahrt, Mr. Torkildsen, Mr.
Upton, Mrs. Vucanovich, Mr. Walker, Mr. Walsh, Mr.
Wamp, Mr. Watts of Oklahoma, Mr. Weldon of
Pennsylvania, Mr. Weldon of Florida, Mr. Weller, Mr.
White, Mr. Wicker, Mr. Whitfield, Mr. Wolf, and Mr.
Zimmer):
H.R. 4285 A bill to amend the Congressional Budget and
Impoundment Control Act of 1974 to reform the budget process,
and for other purposes; to the Committee on the Budget, and
in addition to the Committees on Government Reform and
Oversight, Appropriations, and Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisidiction of the committee concerned.
By Mr. ACKERMAN:
H.R. 4286. A bill to amend the Anti Car Theft Act of 1992
to provide for the establishment of a toll-free telephone
number for the reporting of stolen and abandoned passenger
motor vehicles, and for other purposes; to the Committee on
the Judiciary.
H.R. 4287. A bill to require the Administrator of the
Federal Aviation Administration to address the aircraft noise
problems of Queens and the northshore of Long Island, NY; to
the Committee on Transportation and Infrastructure.
By Mr. BARTON of Texas (for himself, Mr. Bilbray, Mr.
Bono, Mr. Combest, Mr. Gingrich, Mr. McCrery, Mr.
Regula, Mr. Tauzin, Mr. Thornberry, and Mr. Wise):
H.R. 4288. A bill to encourage the increased use of
domestic natural gas as a transportation fuel, and for other
purposes; to the Committee on Commerce, and in addition to
the Committees on Transportation and Infrastructure, Ways and
Means, National Security, and Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. BEREUTER:
H.R. 4289. A bill to provide a more effective remedy for
inadequate trade benefits extended to the United States by
other countries and for restrictions on free emigration
imposed by other countries; to the Committee on Ways and
Means, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BROWN of California:
H.R. 4290. A bill to amend title V of the Trade Act of 1974
to add to the eligibility criteria for the generalized system
of preferences full cooperation with the United States in
preventing illegal drug traffic and the entry of illegal
drugs into the United States; to the Committee on Ways and
Means.
H.R. 4291. A bill to provide for the multilateral
negotiation of Western Hemisphere environmental, labor, and
agricultural standards, to implement as U.S. negotiating
objectives in any free trade area negotiations pursuant to
the Free Trade Agreement for the Americas certain threshold
protections regarding enforceable worker rights, agricultural
standards, and environmental quality, and to implement a
corresponding, comprehensive multilateral dispute resolution
mechanism to investigate, adjudicate, and render binding,
enforceable judgments against any unfair trade practices
arising within the Western Hemisphere free trade area,
including those involving the systematic denial or practical
nullification of certain threshold protections of worker
rights, agricultural standards, and environmental quality; to
the Committee on Ways and Means.
H.R. 4292. A bill to provide a comprehensive program of
adjustment assistance to workers displaced as a result of any
program, project, or activity carried out under Federal law;
to the Committee on Economic
[[Page 2711]]
and Educational Opportunities, and in addition to the
Committees on Transportation and Infrastructure, and Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. BROWNBACK (for himself, Mr. Allard, and Mr.
Hoke):
H.R. 4293. A bill to amend title 31, United States Code, to
provide for public disclosure of the amounts of Federal funds
used to conduct field examinations of appropriation
estimates; to the Committee on Government Reform and
Oversight.
By Mr. COOLEY.
H.R. 4294. A bill to prohibit further extension or
establishment of any national monument in Oregon without full
public participation and an express act of Congress, and for
other purposes; to the Committee on Resources.
By Mr. CRAPO:
H.R. 4295. A bill to authorize the Secretary of the
Interior to transfer certain facilities of the Minidoka
Project to the Burley Irrigation District, and for other
purposes; to the Committee on Resources.
By Ms. DeLAURO (for herself, Mr. Dingell, Mr. Sanders,
Mr. Costello, Mr. Foglietta, Mr. Moran, Mrs. Lowey,
Mr. Pallone, Mrs. Meek of Florida, Mr. LoBiondo, Ms.
Pelosi, Mr. Nadler, Ms. Eshoo, Mrs. Maloney, Ms.
Norton, Mrs. Clayton, and Ms. Slaughter):
H.R. 4296. A bill to require that health plans provide
coverage for a minimum hospital stay for mastectomies and
lymph node dissection of the treatment of breast cancer; to
the Committee on Commerce.
By Mr. DeLAY:
H.R. 4297. A bill to give all American electricity
consumers the right to choose among competitive providers of
electricity in order to secure lower electricity rates,
higher quality services, and a more robust U.S. economy, and
for other purposes; to the Committee on Commerce.
By Mr. ENSIGN:
H.R. 4298. A bill to provide for a special Medicare part B
enrollment period and a special Medigap open enrollment
period for certain military retirees and dependents; to the
Committee on Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Herger,
Mr. Bilbray, and Mrs. Meyers of Kansas):
H.R. 4299. A bill to regulate the use by interactive
computer services of Social Security account numbers and
related personally identifiable information; to the Committee
on Commerce.
By Ms. FURSE:
H.R. 4300. A bill to amend the Public Health Service Act to
assure the availability of health insurance coverage for
children in the individual market in a manner similar to
guaranteed availability of individual health insurance
coverage for certain previously covered individuals under the
Health Insurance Portability and Accountability Act of 1996;
to the Committee on Commerce.
By Mr. GOODLING:
H.R. 4301. A bill to amend the Internal Revenue Code of
1986 to provide that elected tax collectors shall be treated
as self-employed for certain purposes; to the Committee on
Ways and Means.
By Mr. GUNDERSON:
H.R. 4302. A bill to consolidate within the Department of
Agriculture all inspection activities regarding livestock and
poultry carcasses, seafood, meat products, poultry products,
and seafood products to provide for the improved inspection
of those articles and products; to the Committee on
Agriculture.
By Ms. HARMAN (for herself and Mr. Campbell):
H.R. 4303. A bill to authorize appropriations to reimburse
States for costs of educating certain illegal alien students;
to the Committee on Economic and Educational Opportunities.
By Mr. HOKE:
H.R. 4304. A bill to restore equal educational opportunity;
to the Committee on Economic and Educational Opportunities,
and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. JOHNSON of South Dakota (for himself and Mr.
Minge):
H.R. 4305. A bill to amend the research provisions of the
Fund for Rural America to include the development and
promotion of precision agriculture and precision agriculture
technologies among the purposes for which research,
extension, and education grants may be provided; to the
Committee on Agriculture.
By Mr. KENNEDY of Massachusetts (for himself and Mr.
Miller of California):
H.R. 4306. A bill to enhance international security by
using the resources and expertise of the international
financial institutions and the United Nations to redirect
world military spending to human development; to the
Committee on International Relations, and in addition to the
Committee on Banking and Financial Services, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Smith
of New Jersey, Mr. Brown of California, Mr. Moran,
Mr. Sanders, Mr. Evans, and Mr. Frank of
Massachusetts):
H.R. 4307. A bill to prohibit the importation of soccer
balls manufactured or assembled with child labor; to the
Committee on Ways and Means, and in addition to the Committee
on International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned
By Mrs. LOWEY (for herself, Mr. Skaggs, Mr. Frost, Mr.
Yates, Mrs. Morella, Mr. Torricelli, Mr. Nadler, Mr.
Manton, Mr. Schumer, and Mr. Pallone):
H.R. 4308. A bill to reestablish the Office of Noise
Abatement and Control in the Environmental Protection Agency;
to the Committee on Commerce, and in addition to the
Committee on Transportation and Infrastructure, for a period
to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. LOWEY:
H.R. 4309. A bill to provide interest subsidies for new
school construction and renovation projects; to the Committee
on Economic and Educational Opportunities, and in addition to
the Committee on Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. McCOLLUM:
H.R. 4310. A bill to amend the Federal Election Campaign
Act of 1971 to establish the Presidential Debate Commission
on an on-going basis and to amend the Internal Revenue Code
of 1986 to reduce the amount of funds provided under such act
for party nominating conventions for any party whose nominee
for President or Vice President does not participate in any
debate scheduled by the Commission, and for other purposes;
to the Committee on House Oversight.
H.R. 4311. A bill to amend the Internal Revenue Code of
1986 to allow penalty-free withdrawals from IRA's for certain
purposes, to increase the amount of tax deductible IRA
contributions, and for other purposes; to the Committee on
Ways and Means.
H.R. 4312. A bill to revitalize the tourism industry and to
provide airport security, and for other purposes; to the
Committee on Transportation and Infrastructure, and in
addition to the Committees on Commerce, Ways and Means, the
Judiciary, and International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MEYERS of Kansas:
H.R. 4313. A bill to amend the Small Business Act to
strengthen existing protections for small business
participation in Federal contracting opportunities, to
provide for assessments of the impacts on small businesses of
the steadily increasing use of contract bundling by the
procurement activities of the various Federal agencies, and
for other purposes; to the Committee on Small Business, and
in addition to the Committee on Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MOORHEAD (for himself and Mr. Hyde):
H.R. 4314. A bill to make improvements in the operation and
administration of the Federal courts, and for other purposes;
to the Committee on the Judiciary.
By Mr. OWENS (for himself, Ms. Norton, Ms. McKinney,
Mr. Frazer, Mr. Yates, Mr. Dellums, Mr. Payne of New
Jersey, Mr. Hilliard, Mr. Kildee, and Mrs. Mink of
Hawaii):
H.R. 4315. A bill to provide patients with information and
rights to promote better health care; to the Committee on
Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. PALLONE:
H.R. 4316. A bill to amend the Federal Power Act to provide
a moratorium on the retail wheeling of electric energy until
the Clean Air Act is amended to reduce significantly certain
transboundary air pollution, and for other purposes; to the
Committee on Commerce.
H.R. 4317. A bill relating to disposal of contaminated
dredged materials in the Port of New York-New Jersey; to the
Committee on Transportation and Infrastructure.
By Mr. PETRI:
H.R. 4318. A bill to provide for a system of guaranteeing
the deposits and certain other liabilities of depository
institutions through a self-regulating system of cross-
guarantees, to protect taxpayers against deposit insurance
losses, and for other purposes; to the Committee on Banking
and Financial Services, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SANFORD:
H.R. 4319. A bill to provide for the establishment of
uniform accounting systems, ac
[[Page 2712]]
counting standards, and accounting reporting systems in the
Federal Government, and for other purposes; to the Committee
on Government Reform and Oversight.
By Mr. SCHUMER:
H.R. 4320. A bill to amend the Truth in Lending Act to
require a credit card issuer to disclose only 1 annual
percentage rate of interest in any preapproved application or
solicitation to open a credit card account under an open end
consumer credit plan, and for other purposes; to the
Committee on Banking and Financial Services.
H.R. 4321. A bill to enhance and protect retirement
savings; to the Committee on Ways and Means, and in addition
to the Committee on Economic and Educational Opportunities,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. SCHUMER (for himself and Mr. Cummings):
H.R. 4322. A bill to amend the Violent Crime Control and
Law Enforcement Act of 1994; to the Committee on the
Judiciary.
By Mr. SCHUMER (for himself and Ms. Slaughter):
H.R. 4323. A bill to amend the Internal Revenue Code of
1986 to make higher education more affordable by providing
tax benefits to individuals who save for, or pay for, higher
education; to the Committee on Ways and Means.
By Mr. SCHUMER:
H.R. 4324. A bill to improve the program of block grants to
States for temporary assistance for needy families; to the
Committee on Ways and Means.
By Mr. SCHUMER (for himself, Mr. Campbell, and Mr.
Shays):
H.R. 4325. A bill to amend title XVIII of the Social
Security Act to provide hospitals extend fair visitor
privileges to non-family members; to the Committee on Ways
and Means.
By Mr. TORRICELLI:
H.R. 4326. A bill to amend title 18, United States Code, to
prohibit interactive computer services from releasing to the
public certain private information; to the Committee on the
Judiciary.
By Mr. WHITE (for himself and Mr. Horn):
H.R. 4327. A bill to establish a temporary commission to
recommend reforms in the laws relating to elections for
Federal office; to the Committee on House Oversight, and in
addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WHITE:
H.R. 4328. A bill to enhance the competitiveness of the
United States and promote foreign commerce generally through
the creation of the U.S. Trade Administration as an
independent establishment in the executive branch of the
Government; to the Committee on Ways and Means, and in
addition to the Committees on Banking and Financial Services,
Government Reform and Oversight, International Relations, and
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. PRYCE:
H.J. Res. 197. Joint resolution waiving certain enrollment
requirements with respect to any bill or joint resolution of
the 104th Congress making general or continuing
appropriations for fiscal year 1997; considered and passed.
By Mr. ARMEY:
H.J. Res. 198. Joint resolution appointing the day for the
convening of the first session of the 105th Congress and the
day for the counting in Congress of the electoral votes for
President and Vice President cast in December 1996;
considered and passed.
By Mr. SHUSTER:
H. Con. Res. 229. Concurrent resolution directing the
Secretary of the Senate to make corrections in the enrollment
of S. 1004; considered and agreed to.
By Mr. ARMEY:
H. Con. Res. 230. Concurrent resolution providing for the
sine die adjournment of the second session of the 104th
Congress; considered and agreed to.
By Mrs. LOWEY (for herself, Mr. Gilman, Mrs. Kelly, and
Mr. Engel):
H. Con. Res. 231. Concurrent resolution condemning anti-
semitic vandalism in Westchester County, NY; to the Committee
on the Judiciary.
H. Res. 551. Resolution relating to early organization of
the House of Representatives for the 105th Congress; pursuant
to House Resolution 546, considered as having been adopted.
H. Res. 552. Resolution providing for the printing of the
revised edition of the Rules and Manual of the House of
Representatives for the 105th Congress; pursuant to House
Resolution 546, considered as having been adopted.
By Mr. CRANE:
H. Res. 554. Resolution returning to the Senate the bill
H.R. 400 and the Senate amendment thereto; considered and
agreed to.
para.117.95 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1317: Mr. Camp and Mr. Weller.
H.R. 1560: Mr. Borski.
H.R. 2152: Mr. Bachus.
H.R. 2237: Mrs. Thurman.
H.R. 2396: Mr. Pickett, Mr. Payne of Virginia, Mr. Ensign,
and Mrs. Vucanovich.
H.R. 2746: Mr. Schumer, Mr. Serrano, and Mr. Porter.
H.R. 2962: Ms. Slaughter.
H.R. 2976: Mr. Pickett, Mr. Bonior, and Mr. Gilchrest.
H.R. 3011: Mr. Ackerman, Mr. Sam Johnson, and Mr. Baker of
Louisiana.
H.R. 3142: Mr. Orton.
H.R. 3163: Mr. Nethercutt.
H.R. 3252: Mrs. Mink of Hawaii, Mr. DeFazio, and Mr.
Borski.
H.R. 3332: Mr. Martinez, Mr. Payne of New Jersey, Mr.
Owens, Mr. Foglietta, Mr. Watt of North Carolina, Ms. Roybal-
Allard, Mr. Faleomavaega, Mr. Wynn, and Mrs. Maloney.
H.R. 3631: Mr. Cummings.
H.R. 3654: Mr. Duncan.
H.R. 3713: Mr. Ackerman, Mr. Lantos, Mrs. Schroeder, and
Mr. Serrano.
H.R. 3714: Mrs. Clayton and Mrs. Lowey.
H.R. 3731: Mr. Baker of Louisiana.
H.R. 3737: Mr. Duncan, Mr. Wamp, Mr. Tanner, Mr. Lipinski,
Mr. Frost, Mr. Flake, Mr. LaFalce, and Mr. Pastor.
H.R. 3747: Mr. Spratt and Mr. Bishop.
H.R. 3775: Mr. Ortiz, Mr. Chambliss, and Mr. Bishop.
H.R. 3787: Mr. Lewis of Georgia.
H.R. 3817: Mr. Bartlett of Maryland.
H.R. 3839: Mr. Serrano.
H.R. 3849: Mr. Weldon of Pennsylvania.
H.R. 3857: Mr. Miller of California.
H.R. 3961: Mr. Condit.
H.R. 3991: Mrs. Clayton.
H.R. 3992: Ms. Kaptur.
H.R. 4001: Mr. Dellums.
H.R. 4019: Ms. Harman.
H.R. 4027: Mr. Lazio of New York.
H.R. 4031: Mr. Kim and Mrs. Seastrand.
H.R. 4047: Mrs. Clayton and Ms. Kaptur.
H.R. 4052: Ms. Slaughter and Mrs. Clayton.
H.R. 4058: Mr. Kildee, Mr. Towns, Mr. Filner, Mr. Dellums,
Ms. Lofgren, Mr. Gejdenson, Mr. Gonzalez, Mr. Boucher, Mrs.
Maloney, Mr. Manton, Mr. Frank of Massachusetts, Mrs. Lowey,
and Mr. Faleomavaega.
H.R. 4065: Mr. Evans, Mr. Frank of Massachusetts, and Mr.
Borski.
H.R. 4066: Mrs. Vucanovich.
H.R. 4068: Mr. Orton.
H.R. 4071: Ms. Norton, Mrs. Clayton, Mr. Conyers, and Ms.
Brown of Florida.
H.R. 4072: Mr. Ewing, Mr. Cox, and Mr. Smith of Texas.
H.R. 4077: Mrs. Chenoweth.
H.R. 4093: Mrs. Roukema and Mr. Pallone.
H.R. 4102: Mr. Camp.
H.R. 4117: Mr. Stark, Mrs. Myrick, Mr. Engel, and Mr.
Frost.
H.R. 4124: Mr. Stupak.
H.R. 4131: Ms. Furse, Mr. Costello, Mr. Gutierrez, and Mr.
Ortiz.
H.R. 4149: Mr. Nussle and Mr. Bentsen.
H.R. 4178: Mr. Baesler.
H.R. 4262: Mr. Hoyer.
H.R. 4264: Ms. Furse.
H.J. Res. 174: Mr. Salmon.
H. Con. Res. 190: Ms. Furse.
H. Con. Res. 210: Mr. Green of Texas, Mr. Walsh, Mr.
Lipinski, Mr. Sisisky, Mr. Oberstar, Mr. Neal of
Massachusetts, Mr. Barrett of Wisconsin, Mr. Evans, Mr.
Tejeda, Mr. Ward, Mr. Jacobs, and Mr. McHale.
H. Con. Res. 215: Mr. Schumer, and Mr. Porter.
H. Res. 510: Mr. Gilman and Mr. Goss.
H. Res. 518: Mr. Waxman, Mr. Gutierrez, Mr. Fattah, Ms.
Kaptur, Mr. Flake, Mr. Rush, Mr. Watt of North Carolina, Mr.
Clay, Mr. Stokes, Ms. Woolsey, Ms. Norton, Mr. Ford, Mr.
Conyers, Mr. Rangel, Mr. Hinchey, Ms. Furse, Mr. Owens, Mr.
Becerra, Ms. Eshoo, Mr. Ward, Mr. Watts of Oklahoma, Mr.
Farr, Mr. Markey, Mrs. Maloney, Mrs. Lowey, Mr. Richardson,
Mr. Traficant, Mr. Tejeda, Mrs. Thurman, Mr. Kennedy of
Massachusetts, Mr. Towns, Mr. Hoyer, and Mr. Frost.
H. Res. 519: Mr. Goss.
H. Res. 542: Ms. Slaughter.
para.117.96 deletions of sponsors from public bills and resolutions
Under clause 4 of rule XXII, sponsors were deleted from public bills
and resolutions as follows:
H.R. 4148: Mr. Barrett of Nebraska.
.
MONDAY, SEPTEMBER 30, 1996 (118)
para.118.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. WALKER,
who laid before the House the following communication:
Washington, DC.
September 30, 1996.
I hereby designate the Honorable Robert S. Walker to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.118.2 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Saturday, September 28, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.118.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
[[Page 2713]]
5385. A letter from the Director, Defense Procurement,
Department of Defense, transmitting the Department's final
rule--Defense Federal Acquisition Regulation Supplement;
Contract Reporting fro Fiscal Year 1997 [DFARS Case 96-D315]
received September 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on National Security.
5386. A letter from the Secretary of the Treasury,
transmitting the annual report on the operations of the
Exchange Stabilization Fund [ESF] for fiscal year 1995,
pursuant to 31 U.S.C. 5302(c)(2); to the Committee on Banking
and Financial Services.
5387. A letter from the Inspector General, Department of
Defense, transmitting the report of fiscal year 1995 DOD
Superfund financial transactions (Report No. 96-227),
pursuant to Public Law 99-499, section 120(e)(5) (100 Stat.
1669); to the Committee on Commerce.
5388. A letter from the Assistant Secretary, Department of
Health and Human Services, transmitting the Department's
final rule--Implementation of the Development Diabilities
Assistance and Bill of Rights Act Amendments of 1990 and 1994
(RIN: 0970-AB11) received September 28, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5389. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Fenpropathrin;
Pesticide Tolerance Correction [FRL-5393-8] (RIN: 2070-AB78)
received September 27, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5390. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Food Labeling: Health Claims and Label Statements;
Folate and Neural Tube Defects; Revocation (RIN: 0910-AA23)
received September 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5391. A letter from the Secretary of Energy, transmitting a
draft of proposed legislation entitled ``Powerplant and
Industrial Fuel Use Repeal Act''; to the Committee on
Commerce.
5392. A letter from the Chairman, Board of contract
Appeals, General Services Administration, transmitting the
Administration's final rule--Rules of Procedure of the
General Services Administration Board of Contract Appeals:
Standard proceedings and Expedited Proceedings (RIN: 3090-
AF99) received September 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
5393. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
final rule--Visa Documentation of Nonimmigrants Under the
Immigration and Nationality Act, As Amended; Application for
Nonimmigrant Visa--Olympic Procedures (22 CFR Part 41)
received September 28, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on the Judiciary.
5394. A letter from the Director, Office of Insular
Affairs, Department of the Interior transmitting a report
entitled ``The Impact of the Compact of Free Association on
the United States Territories and Commonwealths and on the
State of Hawaii,'' pursuant to 48 U.S.C. 1681 note; jointly,
to the Committees on Resources and International Relations.
5395. A letter from the Administrator, Health Care
Financing Administration, Department of Health and Human
Services, transmitting the Department's final rule--Medicare
Program; Waiver of Recovery of Overpayments [BPD-869-F]
received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); jointly, to the Committee on Ways and Means and
Commerce.
5396. A letter from the Administrator, Health Care
Financing Administration, Department of Health and Human
Services, transmitting their Department's final rule--
Medicare Program; Part B Advance Payments to Suppliers
Furnishing Items or Services Under Medicare Part B (RIN:
0938-AF85) received September 26, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); jointly, to the Committees on Ways and Means
and Commerce.
5397. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation aimed at combating money laundering, organized
crime, drug trafficking, terrorism, and other forms of
international crime; jointly, to the Committees on the
Judiciary, Commerce, and International Relations.
para.118.4 message from the senate
A message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed without amendment bills, a joint
resolution, and concurrent resolutions of the House of the following
titles:
H.R. 543. An Act to reauthorize the National Marine
Sanctuaries Act, and for other purposes;
H.R. 1031. An Act for the relief of Oscar Salas-Velazquez;
H.R. 1734. An Act to reauthorize the National Film
Preservation Board, and for other purposes;
H.R. 2297. An Act to codify without substantive change laws
related to transportation and to improve the United States
Code;
H.R. 2579. An Act to establish the National Tourism Board
and the National Tourism Organization to promote
international travel and tourism to the United States;
H.R. 3916. An Act to make available certain Voice of
America and Radio Marti multilingual computer readable text
and voice recordings.
H.J. Res. 197. Joint resolution waiving certain enrollment
requirements with respect to any bill or joint resolution of
the One Hundred Fourth Congress making general or continuing
appropriations for fiscal year 1997;
H. Con. Res. 221. Concurrent resolution correcting the
enrollment of H.R. 3159; and
H. Con. Res. 229. Concurrent resolution directing the
Secretary of the Senate to make corrections in the enrollment
of S. 1004.
The message also announced that the Senate had passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 3668. An Act to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1996.
The message also announced that the Senate had passed bills of the
following titles in which the concurrence of the House is requested:
S. 2158. An Act to set the time for counting electoral
votes; and
S. 2159. An Act to set the time for the convening of the
One Hundred Fifth Congress.
The message also announced that the Senate agrees to the report of
the committee of conference on the disagreeing votes of the two Houses
on the amendment of the House to the bill (S. 1004), ``An Act to
authorize appropriations for the United States Coast Guard, and for
other purposes,'' and that the Senate agrees to the amendment of the
House to the bill (S. 1467), ``An Act to authorize the construction of
the Fort Peck Rural County Water Supply System, to authorize assistance
to the Fort Peck Rural County Water District, Inc., a nonprofit
corporation, for the planning, design, and construction of the water
supply system, and for other purposes.''.
para.118.5 election of speaker pro tempore
Mr. SOLOMON called up the following privileged resolution (H. Res.
553):
Resolved, that the Honorable Robert S. Walker, a
Representative from the Commonwealth of Pennsylvania, be, and
he is hereby, elected Speaker pro tempore through the
legislative day of Tuesday, October 1, 1996.
Sec. 2. The Clerk of the House shall notify the President
and the Senate of the election of the Honorable Robert S.
Walker as Speaker pro tempore during the absence of the
Speaker.
When said resolution was considered and agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Accordingly,
The oath of office was then administered to Mr. Walker by Mr. Solomon.
Ordered, That the Clerk notify the Senate thereof.
para.118.6 further message from the senate
A further message from the Senate by Ms. McDevitt, one of its clerks,
announced that the Senate had passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title:
H.R. 4194. An Act to reauthorize alternative means of
dispute resolution in the Federal administrative process, and
for other purposes.
para.118.7 recess--3:56 p.m.
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 12 of rule I,
declared the House in recess at 3 o'clock and 56 minutes p.m., subject
to the call of the Chair.
para.118.8 after recess--7:02 p.m.
The SPEAKER pro tempore, Mr. WALKER, called the House to order.
para.118.9 hour of meeting
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
2:00 p.m. on Tuesday, October 1, 1996.
para.118.10 enrolled bills and joint resolution signed
Mr. THOMAS, from the Committee on House oversight, reported that that
committee had examined and found truly enrolled bills and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 1011. An Act to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in the State of Ohio;
[[Page 2714]]
H.R. 1031. An Act for the relief of Oscar Salas-Valasquez;
H.R. 1514. An Act to authorize and facilitate a program to
enhance safety, training, research and development, and
safety education in the propane gas industry for the benefit
of propane consumers and the public, and for other purposes;
H.R. 1823. An Act to amend the Central Utah Project
Completion Act to direct the Secretary of the Interior to
allow for prepayment of repayment contracts between the
United States and the Central Utah Water Conservancy District
dated December 28, 1965, and November 26, 1985, and for other
purposes;
H.R. 2700. An Act to designate the building located at 8302
FM 327, Elmendorf, Texas, which houses the operations of the
United States Postal Service, as the ``Amos F. Longoria Post
Office Building'';
H.R. 2779. An Act to provide for appropriate implementation
of the Metric Conversion Act of 1975 in Federal construction
projects, and for other purposes;
H.R. 2967. An Act to extend the authorization of the
Uranium Mill Tailings Radiation Control Act of 1978, and for
other purposes;
H.R. 2988. An Act to amend the Clean Air to provide that
traffic signal synchronization projects are exempt from
certain requirements of Environmental Protection Agency
Rules;
H.R. 3074. An Act to amend the United States-Israel Free
Trade Area Implementation Act of 1985 to provide the
President with additional proclamation authority with respect
to articles of the West Bank of Gaza Strip or a qualifying
industry zone;
H.R. 3166. An Act to amend title 18, United States Code,
with respect to the crime of false statement in a Government
matter;
H.R. 3458. An Act to increase, effective as of December 1,
1996 the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency
and indemnity compensation for survivors of certain service-
connected disabled veterans, and for other purposes;
H.R. 3660. An Act to make amendments to the Reclamation
Wastewater and Groundwater Study and Facilities Act, and for
other purposes;
H.R. 3871. An Act to waive temporarily the Medicaid
enrollment composition rule for certain health maintenance
organization;
H.R. 3916. An Act to make available certain Voice of
America and Radio Marti multilingual computer readable text
and voice recordings;
H.R. 3973. An Act to provide for a study of the
recommendations of the Joint Federal-State Commission on
Policies and Programs Affecting Alaska Natives;
H.R. 4138. An Act to authorize the hydrogen research,
development, and demonstration programs of the Department of
Energy, and for other purposes;
H.R. 4167. An Act to provide for the safety of journeyman
boxers, and for other purposes;
H.R 4168. An Act to amend the Helium Act to authorize the
Secretary to enter into agreement with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes; and
H.J. Res. 197. Joint resolution waiving certain enrollment
requirements with respect to any bill or joint resolution of
the One Hundred Fourth Congress making general or continuing
appropriations for fiscal year 1997.
para.118.11 senate enrolled bills and joint resolution signed
The SPEAKER announced his signature to enrolled bills and a joint
resolution of the Senate of the following titles:
S. 919. An Act to modify and reauthorize the Child Abuse
Prevention and Treatment Act, and for other purposes;
S. 1577. An Act to authorize appropriations for the
National Historical Publications and Records Commission for
fiscal years 1998, 1999, 2000, 2001;
S. 1931. An Act to provide that the United States Post
Office and Courthouse building located at 9 East Broad
Street, Cookeville, Tennessee, shall be known and designated
as the ``L. Clure Morton United States Post Office and
Courthouse'';
S. 2100. An Act to provide for the extension of certain
authority for the Marshal of the Supreme Court and Supreme
Court Police; and
S.J. Res. 64. A joint resolution to commend Operation Sail
for its advancement of brotherhood among nations, its
continuing commemoration of the history of the United States,
and its nurturing of young cadets through training in
seamanship.
para.118.12 bills presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on this day present to the President, for his approval,
bills of the House of the following titles:
H.R. 2816. To reinstate the license for, and extend the
deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Ohio, and for
other purposes;
H.R. 2773. To extend the deadline under the Federal Power
Act applicable to the construction of 2 hydroelectric
projects in North Carolina, and for other purposes;
H.R. 2695. To extend the deadline under the Federal Power
Act applicable to the construction of certain hydroelectric
projects in the State of Pennsylvania;
H.R. 2630. To extend the deadline for commencement of
construction of a hydroelectric project in the State of
Illinois;
H.R. 3877. To designate the United States Post Office
building located at 351 West Washington Street in Camden,
Arkansas, as the ``David H. Pryor Post Office Building'';
H.R. 3546. To direct the Secretary of the Interior to
convey the Walhalla National Fish Hatchery to the State of
South Carolina, and for other purposes;
H.R. 2501. To extend the deadline under the Federal Power
Act applicable to the construction of a hydroelectric project
in Kentucky, and for other purposes;
H.R. 1791. To amend title XIX of the Social Security Act to
make certain technical corrections relating to physicians'
services;
H.R. 1366. To authorize the extension of time limitation
for the FERC-issued hydroelectric license for the Mt. Hope
Waterplant Project;
H.R. 1335. To provide for the extension of a hydroelectric
project located in the State of West Virginia;
H.R. 1290. To reinstate the permit for, and extend the
deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Oregon, and for
other purposes;
H.R. 1014. To authorize extension of a time limitation for
a FERC-issued hydroelectric license;
H.R. 680. To extend the time for construction of certain
FERC licensed hydro projects;
H.R. 657. To extend the deadline under the Federal Power
Act applicable to the construction of three hydroelectric
projects in the State of Arkansas;
H.R. 2869. To extend the deadline for commencement of
construction of a hydroelectric project in the State of
Kentucky; and
H.R. 3259. To authorize appropriations for fiscal year 1997
for intelligence and intelligence-related activities of the
United States Government, the Community Management Account,
and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
And then,
para.118.13 adjournment
On motion of Mr. SOLOMON, pursuant to the special order heretofore
agreed to, at 7 o'clock and 3 minutes p.m., the House adjourned.
para.118.14 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. PETE GEREN of Texas:
H.R. 4329. A bill to designate the Federal building located
at 300 East 8th Street in Austin, TX, as the ``J. J. `Jake'
Pickle Federal Building''; to the Committee on Transportation
and Infrastructure.
By Mr. HEFLEY:
H.R. 4330. A bill to amend titles 23 and 49, United States
Code, relating to metropolitan planning; to the Committee on
Transportation and Infrastructure.
By Mr. KENNEDY of Massachusetts:
H.R. 4331. A bill to amend certain provisions of law
relating to child pornography, and for other purposes; to the
Committee on the Judiciary.
By Mr. LANTOS (for himself and Mr. Hyde):
H.R. 4332. A bill to prohibit United States assistance to
foreign governments that provide landing rights to Libyan
aircraft; to the Committee on International Relations.
By Mr. LEWIS of Georgia:
H.R. 4333. A bill to prohibit smoking in any transportation
facility for which Federal financial assistance is provided;
to the Committee on Transportation and Infrastructure.
By Mr. SMITH of Texas (for himself, Mr. Rohrabacher,
Mr. Bereuter, Mr. Blute, and Mr. Flake):
H.R. 4334. A bill to amend the Internal Revenue Code of
1986 to allow individual retirement accounts to be used for
expenses for post-secondary education and job retraining; to
the Committee on Ways and Means.
By Mr. SMITH of Texas (for himself and Mr. Gingrich):
H.R. 4335. A bill to amend the Immigration and Nationality
Act, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, to modify
provisions of law relating to public assistance and benefits
for aliens; to the Committee on the Judiciary, and in
addition to the Committees on Ways and Means, Agriculture,
Banking and Financial Services, Economic and Educational
Opportunities, and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. SOLOMON:
H. Res. 553. Resolution electing the Honorable Robert S.
Walker of Pennsylvania to act as Speaker pro tempore;
considered and agreed to.
By Mr. BARCIA of Michigan (for himself, Mr. Blumenauer,
Mr. Franks of New Jersey, Mr. Gejdenson, Mr. Hinchey,
Mr. Inglis of South Carolina, Mr. Longley, Mr.
Metcalf, Mr. Orton, Mr. Pomeroy, and Mr. Ward):
H. Res. 555. Resolution expressing the sense of the House
urging the inclusion of Ross
[[Page 2715]]
Perot in the 1996 Presidential debates; to the Committee on
House Oversight.
para.118.15 memorials
Under clause 4 of rule XXII,
243. The SPEAKER presented a memorial of the House of
Delegates of the Commonwealth of Virginia, relative to
memorializing the Congress of the United States to propose an
amendment to article V of the Constitution of the United
States to provide for the calling of limited national
constitutional conventions; to the Committee on the
Judiciary.
para.118.16 additional sponsors
Under clause 4 of rule XXII, sponsors were added to the public bills
and resolutions as follows:
H.R. 561: Mr. Klink.
H.R. 1876: Ms. DeLauro and Mr. Baldacci.
H.R. 2976: Mr. Sawyer.
H.R. 2994: Mr. McNulty.
H.R. 3001: Mr. Stokes, Mr. Hilliard, Mr. Davis, Mr.
Abercrombie, and Mr. Watt of North Carolina.
H.R. 3003: Mr. Chapman.
H.R. 3430: Mr. Coleman.
H.R. 3531: Mr. Minge.
H.R. 3654: Mrs. Maloney.
H.R. 3747: Mr. Coyne.
H.R. 3775: Mr. Hall of Texas.
H.R. 3798: Mr. Hall of Ohio.
H.R. 3919: Mr. Martinez and Mr. Sanders.
H.R. 4108: Mr. Herger.
H.R. 4113: Mr. Moran.
H.R. 4117: Mr. Hilliard.
H.R. 4124: Mr. Doyle, Ms. Kaptur, and Ms. Norton.
H.R. 4125: Mr. Engel, Mr. Stupak, Mr. Sanders, Mr. Klink,
and Ms. Norton.
H.R. 4142: Mr. Hall of Texas.
H.R. 4145: Ms. Slaughter and Mr. Ackerman.
H.R. 4159: Mrs. Clayton and Mrs. Kelly.
H.R. 4162: Mr. Hinchey.
H.R. 4196: Mr. Fattah.
H.R. 4308: Mr. Shays.
H. Con. Res. 209: Ms. Kaptur.
H. Res. 30: Mr. Hilleary, Mr. Kim, Mr. Gilchrest, Mr.
Stockman, Mr. Bishop, and Mr. Hayworth.
H. Res. 486: Mr. Baker of Louisiana and Mr. Franks of New
Jersey.
H. Res. 513: Mr. Barcia of Michigan, Mr. Waxman, Mr.
Campbell, Ms. Harman, Mr. McDermott, Mrs. Johnson of
Connecticut, and Mr. Manton.
H. Res. 520: Ms. Furse, Mr. McDermott, Ms. Lofgren, and Mr.
Coyne.
.
TUESDAY, OCTOBER 1, 1996 (119)
The House was called to order by the SPEAKER pro tempore, Mr. WALKER.
para.119.1 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Monday, September 30, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.119.2 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5398. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance Corporation, transmitting
the Corporation's final rule--Management Official Interlocks
(12 CFR Part 348) received October 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Banking and
Financial Services.
5399. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance Corporation, transmitting
the Corporation's final rule--Interagency Guidelines
Establishing Standards for Safety and Soundness (RIN: 3064-
AB13) received October 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Banking and Financial
Services.
5400. A letter from the Director, Office of Legislative
Affairs, Federal Deposit Insurance Corporation, transmitting
the Corporation's final rule--Applications for a Stay or
Review of Actions of Bank Clearing Agencies; Rules of
Practice and Procedure (RIN: 3064-AB81) received October 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Banking and Financial Services.
5401. A letter from the Executive Director, National
Education Goals Panel, transmitting the Panel's fiscal year
1996 year-end reports, pursuant to 31 U.S.C. 3512(c)(3); to
the Committee on Government Reform and Oversight.
5402. A letter from the Deputy Associate Director for
Compliance, Department of the Interior, transmitting
notification of proposed refunds of excess royalty payments
in OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee
on Resources.
5403. A letter from the Director, Office of Sustainable
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Atlantic Tuna Fisheries; Adjustment
[I.D. 092496A] received October 1, 1996, pursuant to U.S.C.
801(a)(1)(A); to the Committee on Resources.
5404. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Safety Zone Regulations; Back River and Foster Creek;
Charleston, SC (U.S. Coast Guard) [COTP Charleston 96-052]
(RIN: 2115-AA97) received October 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5405. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Pipeline Safety Rulemaking Procedures (RIN: 2137-AC94)
received October 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
5406. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Technical Amendments; Organizational Changes; Miscellaneous
Editorial Changes and Conforming Amendments (U.S. Coast
Guard) [CGD 96-041] (RIN: 2115-AF34) received October 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5407. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Proposed Tip Reporting Agreement for Use in the Gaming
Industry (Announcement 96-106) received October 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
5408. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Proposed Tip Reporting Agreement for Use in the Hairstyling
Industry (Announcement 96-105) received October 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
para.119.3 communication from the clerk--message from the senate
The SPEAKER pro tempore, Mr. WALKER, laid before the House a
communication, which was read as follows:
Washington, DC,
October 1, 1996.
Hon. Newt Gingrich,
The Speaker,
House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Monday, September 30,
1996 at 7:10 p.m.:
That the Senate agreed to conference report H.R. 3610.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.119.4 enrolled bill signed
The SPEAKER pro tempore, Mr. WALKER, announced that pursuant to clause
4, rule I, he signed the following enrolled bill on September 30, 1996:
H.R. 3610. An Act making omnibus consolidated
appropriations for the fiscal year ending September 30, 1997,
and for other purposes.
para.119.5 hour of meeting
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 2
o'clock p.m. on Wednesday, October 2, 1996.
para.119.6 private calendar business dispensed with
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That business in order today, under clause 6, rule XXIV, the
Private Calendar rule, be dispensed with.
para.119.7 bills and a joint resolution presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, bills and a joint resolution of the House of the following
titles:
On September 30, 1996:
H.R. 2967. An Act to extend the authorization of the
Uranium Mill Tailings Radiation Control Act of 1978, and for
other purposes;
H.R. 3660. An Act to make amendments to the Reclamation
Wastewater and Groundwater Study and Facilities Act, and for
other purposes;
H.R. 3458. An Act to increase, effective as of December 1,
1996, the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency
and indemnity compensation for survivors of certain service-
connected disabled veterans, and for other purposes;
H.R. 2988. An Act to amend the Clean Air Act to provide
that traffic signal synchronization projects are exempted
from certain requirements of Environmental Protection Agency
Rules;
H.R. 2779. An Act to provide for appropriate implementation
of the Metric Conversion Act of 1975 in Federal construction
projects, and for other purposes;
H.R. 2700. An Act to designate the building located at 8302
FM 327, Elmendorf, Texas, which houses operations of the
United States Postal Service, as the ``Amos F. Longoria Post
Office Building'';
H.R. 1514. An Act to authorize and facilitate a program to
enhance safety, training,
[[Page 2716]]
research and development, and safety education in the propane
gas industry for the benefit of propane consumers and the
public, and for other purposes;
H.R. 1031. An Act for relief of Oscar Salas-Velazquez;
H.R. 1011. An Act to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in the State of Ohio;
H.R. 3916. An Act to make available certain Voice of
America and radio Marti multilingual computer readable text
and voice recordings;
H.R. 4138. An Act to authorize the hydrogen research,
development, and demonstration programs of the Department of
Energy, and for other purposes;
H.R. 4168. An Act to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes;
H.R. 3610. An Act making omnibus consolidated
appropriations for the fiscal year ending September 30, 1997,
and for other purposes;
H.R. 3973. An Act to provide for a study of the
recommendations of the Joint Federal-State Commission on
Policies and Programs Affecting Alaska Natives;
H.R. 1823. An Act to amend the Central Utah Project
Completion Act to direct the Secretary of the Interior to
allow for prepayment of repayment contracts between the
United States and the Central Utah Water Conservancy District
dated December 28, 1965, and November 26, 1985, and for other
purposes;
H.R. 3871. An Act to waive temporarily the Medicaid
enrollment composition rule for certain health maintenance
organizations;
H.R. 3074. An Act to amend the United States-Israel Free
Trade Area Implementation Act of 1985 to provide the
President with additional proclamation authority with respect
to articles of the West Bank or Gaza Strip or a qualifying
industrial zone;
H.R. 3166. An Act to amend title 18, United States Code,
with respect to the crime of false statement in a Government
matter;
H.R. 4167. An Act to provide for the safety of journeymen
boxers, and for other purposes; and
H.J. Res. 197. Joint resolution waiving certain enrollment
requirements with respect to any bill or joint resolution of
the One Hundred Fourth Congress making general or continuing
appropriations for fiscal year 1997.
And then,
para.119.8 adjournment
On motion of Mr. SOLOMON, pursuant to the special order heretofore
agreed to, at 2 o'clock and 9 minutes p.m., the House adjourned until 2
o'clock p.m. on Wednesday, October 2, 1996.
para.119.9 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. ROBERTS:
H.R. 4336. A bill to restore the authority of the Secretary
of Agriculture to extend existing and expiring contracts
under the conservation reserve program; to the Committee on
Agriculture.
By Mr. LaFALCE.
H.R. 4337. A bill to amend the Truth in Lending Act to
prohibit extensions of credit under any open end consumer
credit plan the proceeds of which the creditor knows or has
reason to believe are being used or will be used by the
consumer to make any form of wager or bet, to play any game
of chance, or use any gambling device, and for other
purposes; to the Committee on Banking and Financial Services.
H.R. 4338. A bill to provide relief for domestic producers
of tailored wool apparel from increased imports of such
apparel from Canada; to the Committee on Ways and Means.
para.119.10 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 1317: Mr. Largent.
H.R. 3654: Mr. Hilliard.
H.R. 3714: Mr. Moran.
H.R. 3939: Mr. Ensign.
H.R. 4102: Mr. Hamilton and Mr. Ney.
H.R. 4131: Mr. Talent.
H.R. 4145: Mr. Walsh.
H.R. 4148: Ms. Norton and Mr. Diaz-Balart.
H.R. 4204: Mr. Neal of Massachusetts.
H. Res. 555: Mr. Bishop, Mr. Flanagan, Mr. Jackson, Ms.
Kaptur, Mr. Leach, Mr. Minge, Mr. Torricelli, and Mrs. Mink
of Hawaii.
.
WEDNESDAY, OCTOBER 2, 1996 (120)
para.120.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, MR. WALKER,
who laid before the House the following communication:
Washington, DC,
October 2, 1996.
I hereby designate the Honorable Robert S. Walker to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.120.2 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Tuesday, October 1, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.120.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5409. A letter from the Secretary of Transportation,
transmitting the annual report on the status of the public
ports of the United States for calendar years 1994-95,
pursuant to 49 U.S.C. 308(c); to the Committee on
Transportation and Infrastructure.
5410. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Importation of Fruit Trees from France
[Docket No. 94-102-3] received October 2, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5411. A letter from the Assistant Secretary of Labor for
Mine Safety and Health, Department of Labor, transmitting the
Department's final rule--Safety Standards for First Aid at
Metal and Nonmetal Mines (RIN: 1219-AA97) received October 1,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
5412. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--
Protection of Human Subjects; Informed Consent (RIN: 0910-
AA60) received October 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5413. A letter from the Executive Director, Committee for
Purchase from People Who Are Blind or Severely Disabled,
transmitting the Committee's final rule--Additions to the
Procurement List [ID #96-005] received October 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Government Reform and Oversight.
5414. A letter from the Chairman, U.S. International Trade
Commission, transmitting the third annual report on the
impact of the Andean Trade Preference Act on U.S. industries
and consumers and on drug crop eradication and crop
substitution, pursuant to 19 U.S.C. 3204; to the Committee on
Ways and Means.
para.120.4 message from the senate
A message from the Senate by Mrs. McDevitt, one of its clerks,
announced that the Senate had passed without amendment a joint
resolution of the House of the following title:
H.J. Res. 198. Joint Resolution appointing the day for the
convening of the first session of the One Hundred Fifth
Congress and the day for the counting in Congress of the
electoral votes for President and Vice President cast in
December 1996.
The message also announced that the Senate has passed a bill and a
resolution of the following titles in which the concurrence of the House
is requested:
S. 2183. An Act to make technical corrections to the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996; and
S. Res. 309. Resolution that the House of Representatives
be notified of the election of Gary Lee Sisco of Tennessee as
Secretary of the Senate.
The message also announced that the Senate agrees to the report of the
committee of conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3005), ``An Act to amend
the Federal securities laws in order to promote efficiency and capital
formation in the financial markets, and to amend the Investment Company
Act of 1940 to promote more efficient management of mutual funds,
protect investors, and provide more effective and less burdensome
regulation.''.
para.120.5 enrolled bills and joint resolution signed
The SPEAKER pro tempore, Mr. WALKER, announced that pursuant to clause
4, rule I, he signed the following enrolled bills and a joint resolution
on October 1, 1996:
H.R. 543. An Act to reauthorize the National Marine
Sanctuaries Act, and for other purposes;
H.R. 1734. An Act to reauthorize the National Film
Preservation Board, and for other purposes; and
H.J. Res. 198. Joint resolution appointing the day for the
convening of the first session of the One Hundred Fifth
Congress and the day for the counting in Congress of the
electoral votes for President and Vice President cast in
December 1996.
para.120.6 calendar wednesday business dispensed with
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That business in order for consideration today, under clause
7,
[[Page 2717]]
rule XXIV, the Calendar Wednesday rule, be dispensed with.
para.120.7 hour of meeting
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at 2
o'clock p.m. on Thursday, October 3, 1996.
para.120.8 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. WALKER, laid before the House a
communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, October 1, 1996.
Hon. Newt Gingrich,
The Speaker,
House of Representatives.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on October 1, 1996 at
2:25 p.m. and said to contain a message from the President
wherein he transmits the Second Report to the Congress on the
Operation of the Caribbean Basin Economic Recovery Act.
With warm regards,
Robin H. Carle,
Clerk, House of Representatives.
para.120.9 caribbean basin economic recovery
The Clerk then read the message from the President, as follows:
To the Congress of the United States:
I hereby submit the Second Report to the Congress on the Operation of
the Caribbean Basin Economic Recovery Act. This report is prepared
pursuant to the requirements of section 214 of the Caribbean Basin
Economic Recovery Expansion Act of 1990 (19 U.S.C. 2702(f)).
William J. Clinton.
The White House, October 1, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Ways and Means.
para.120.10 library of congress trust fund board
The SPEAKER, pursuant to the provisions of section 1 of 2 United
States Code 154, as amended by section 1 of Public Law 102-246,
appointed to the Library of Congress Trust Fund Board, Mr. Edwin L. Cox
of Dallas, Texas, on the part of the House, to fill the unexpired term
of Mrs. Marguerite S. Roll.
Ordered, That the Clerk notify the Senate of the foregoing
appointment.
para.120.11 enrolled bill signed
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled bills, and a joint
resolution of the House of the following titles, which were thereupon
signed by the Speaker:
H.R. 2579. An Act to establish the National Tourism Board
and the National Tourism Organization to promote
international travel and tourism to the United States; and
para.120.12 senate enrolled bills signed
The SPEAKER announced his signature to enrolled bills of the Senate of
the following titles:
S. 640. An Act to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes;
S. 811. An Act to authorize the Secretary of the Interior
to conduct studies regarding the desalination of water and
water reuse, and for other purposes;
S. 1044. An Act to amend title III of the Public Health
Service Act to consolidate and reauthorize provisions
relating to health centers, and for other purposes;
S. 1467. an act to authorize the construction of the Fort
Peck Rural County Water Supply System, to authorize
assistance to the Fort Peck Rural County Water District,
Inc., a nonprofit corporation, for the planning, design, and
construction of the water supply system, and for other
purposes;
S. 1505. An Act to reduce risk to public safety and the
environment associated with pipeline transportation of
natural gas and hazardous liquids, and for other purposes;
S. 1711. An Act to amend title 38, United States Code, to
improve the benefits programs administered by the Secretary
of Veterans Affairs to provide for a study of the Federal
programs for veterans, and for other purposes;
S. 1965. An Act to prevent the illegal manufacturing and
use of methamphetamine;
S. 1973. An Act to provide for the settlement of the
Navajo-Hopi land dispute, and for other purposes; and
S. 2153. An Act to designate the United States Post Office
building located in Brewer, Maine, as the ``Joshua Lawrence
Chamberlain Post Office Building'', and for other purposes.
And then,
para.120.13 adjournment
On motion of Mr. DOOLITTLE, pursuant to the special order heretofore
agreed to, at 2 o'clock and 51 minutes p.m., the House adjourned until 2
o'clock p.m. on Thursday, October 3, 1996.
para.120.14 time limitation of referred bill
Pursuant to clause 5 of rule X the following action was taken by the
Speaker:
H.R. 2740. Referral to the Committee on Commerce extended
for a period ending not later than October 4, 1996.
H.R. 2923. Referral to the Committee on Ways and Means
extended for a period ending not later than October 4, 1996.
H.R. 2976. Referral to the Committee on Ways and Means,
Economic and Educational Opportunities, and Government Reform
and Oversight for a period ending not later than October 4,
1996.
H.R. 4012. Referral to the Committee on Ways and Means
extended for a period ending not later than October 4, 1996.
para.120.15 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII,
Mr. RICHARDSON (for himself, Mr. Johnson of South Dakota,
and Mr. Miller of California) introduced a resolution (H.
Res. 556.) expressing the intentions of the House of
Representatives concerning the universal service provisions
of the Telecommunications Act of 1996 as they relate to
telecommunications services to native Americans, including
Alaskan Natives; to the Committee on Commerce.
para.120.16 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 2651: Mr. Baldacci.
H.R. 2734: Mr. Salmon.
H.R. 2900: Mr. Funderburk.
H.R. 3466. Mr. Menendez.
H.R. 3837: Mrs. Maloney, Mr. Torricelli, Ms. Brown of
Florida, and Mr. Baldacci.
H.R. 4072: Mr. Dooley.
H.R. 4092: Mr. Wynn.
H.R. 4105: Mr. Salmon.
H.R. 4170: Mr. Portman.
H.R. 4274: Mr. Torres.
H.R. 4305: Mr. Pomeroy.
H.R. 4334: Ms. Norton.
H. Res. 510: Mr. Burton of Indiana.
H. Res. 555: Mr. DeFazio, Mr. Ney, Mr. Spratt, and Mr.
Waxman.
.
THURSDAY, OCTOBER 3, 1996 (121)
para.121.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. WALKER,
who laid before the House the following communication:
Washington, DC,
October 3, 1996.
I hereby designate the Honorable Robert S. Walker to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.121.2 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Wednesday, October 2, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.121.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5415. A letter from the Administrator, Farm Service Agency,
transmitting the Agency's final rule--1996 Marketing Quota
and Price Support for Burley Tobacco (RIN: 0560-AE47)
received October 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
5416. A letter from the Director, Administration and
Management, Department of Defense, transmitting the
Department's final rule--DFAS Privacy Act Program (Defense
Finance and Accounting Service) [DFAS Reg. 5400.11 R]
received October 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on National Security.
5417. A letter from the Director, Administration and
Management, Department of Defense, transmitting the
Department's final rule--Privacy Program (Defense Special
Weapons Agency) [DSWA Instruction 5400.11B] received October
2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on National Security.
5418. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Control of Air
Pollution from New and In-Use Motor Vehi
[[Page 2718]]
cles and New and In-Use Motor Vehicle Engines: Certification
and Test Procedures [FRL-5618-02] received September 30,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5419. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of State Implementation Plans; California State
Implementation Plan Revision; Kern County Air Pollution
Control District, Santa Barbara County Air Pollution Control
District, South Coast Air Quality Management District [FRL-
56-4] received September 30, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5420. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of State Implementation Plans; California State
Implementation Plan Revision, Mojave Desert Air Quality
Management District; South Coast Air Quality Management
District [FRL-5616-6] received September 30, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5421. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Implementation Plans; Arizona--Maricopa
Nonattainment Area, Carbon Monoxide [FRL-5628-6] received
September 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5422. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Interim
Approval of Operating Permits Program; Delegation of Section
112 Standards; State of New Hampshire [FRL-5619-4] received
September 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5423. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Approval
and Promulgation of State Implementation Plan for North
Dakota; Revisions to the Air Pollution Control Rules;
Delegation of Authority for Colorado Standards of Performance
for New Stationary Sources [FRL-5618-8] received September
30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Commerce.
5424. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Clean Air Act Final
Interim Approval of Operating Permits Program; Delegation of
Section 112 Standards; State of Vermont [FRL-5612-6] received
September 30, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Commerce.
5425. A letter from the Director, Regulations Policy
Management Staff, Office of Policy, Food and Drug
Administration, transmitting the Administration's final
rule--Medical Devices; Effective Dates of Requirement for
Premarket Approval for Class III Preamendments Devices (RIN:
0910-AA31) received October 2, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5426. A letter from the Director, Office of Congressional
Affairs, Nuclear Regulatory Commission, transmitting the
Commission's final rule--Interim Guidance for 10 CFR 50.65--
The Maintenance Rule and Steam Generator Tube Inspections
(EGM 96-002 and EGM 96-003) received September 30, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5427. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered or Threatened Status for Four Southern Maritime
Chaparral Plant Taxa from Coastal Southern California and
Northwestern Baja California, Mexico (RIN: 1018-AC01)
received October 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
5428. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered Status for Three Plant Species (Cyanea dunbarii,
Lysimachia Maxima, and Schiedea sarmentosa) from the Island
of Molokai, Hawaii (RIN: 1018-AD49) received October 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5429. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Endangered Status for the
Plant Delissea undulata (RIN: 1018-AC56) received October 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5430. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered Status for Twenty-Five Plant Species from the
Island of Oahu, Hawaii (RIN: 1018-AD50) received October 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5431. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered or Threatened Status for Nineteen Plant Species
from the Island of Kauai, Hawaii (RIN: 1018-AD46) received
October 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5432. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered Status or Threatened Status for Fourteen Plant
Taxa from the Hawaiian Islands (RIN: 1018-AD58) received
October 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Resources.
5433. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered Status for Thirteen Plants from the Island of
Hawaii, State of Hawaii (RIN: 018-AD25) received October 2,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources,
5434. A letter from the Secretary of Transportation,
transmitting the annual report on the status of the public
ports of the United States for calendar years 1994-1995,
pursuant to 49 U.S.C. 308(c); to the Committee on
Transportation and Infrastructure.
5435. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(Federal Aviation Administration) [Docket No. 96-NM-129-AD]
(RIN: 2120-AA64) (1996-0235) received October 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5436. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Boeing Model 767 Series Airplanes
(Federal Aviation Administration) [Docket No. 95-NM-203-AD]
(RIN: 2120-AA64) received October 1, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5437. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; de Havilland Model DHC-8-100 and -
300 Series Airplanes (Federal Aviation Administration)
[Docket No. 96-NM-72] (RIN: 2120-AA64) (1996-0230) received
October 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
5438. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Airbus Model A3000 Airplanes
(Federal Aviation Administration) [Docket No. 92-NM-225]
(RIN: 2120-AA64) (1996-0229) received October 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5439. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fokker Model F28 Mark 1000, 2000,
3000, and 4000 Series Airplanes (Federal Aviation
Administration) [Docket No. 95-NM-152] (RIN: 2120-AA64)
(1996-0228) received October 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
5440. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Jetstream Model 4101 Airplanes
(Federal Aviation Administration) [Docket No. 2120-AA64]
(RIN: 2120-AA64) (1996-0227) received October 1, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
5441. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Fairchild Aircraft SA26, SA226, and
SA227 Series Airplanes (Federal Aviation Administration)
[Docket No. 94-CE-22-AD] (RIN: 2120-AA64) (1996-0233)
received October 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
5442. A letter from the General Counsel, Department of
Transportation, transmitting the Department's final rule--
Airworthiness Directives; Pratt & Whitney PW2000 Series
Turbofan Engines (Federal Aviation Administration) [Docket
No. 95-ANE-37] (RIN: 2120-AA64) (1996-0198) received October
1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
5443. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a copy of
Presidential Determination No. 96-51: Emigration Policies of
Mongolia, pursuant to 19 U.S.C. 2432(a); to the Committee on
Ways and Means.
5444. A letter from the Secretary of Health and Human
Services, transmitting the Department's final rule--Medicare
Program; Update of Ambulatory Surgical Center Payment Rates
Effective for Services on or After October 1, 1996 [BPD-874-
N] received October 1, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); jointly, to the Committees on Commerce and Ways
and Means.
5445. A letter from the Director, Audit Oversight and
Liaison, General Accounting Office, transmitting a report
entitled, ``Financial Audit: Independent Counsel Expenditures
for the Six Months Ended March 31, 1996'' (GAO/AIMD-96-166),
pursuant to 28 U.S.C. 591 note; jointly, to the Committees on
Government Reform and Oversight and the Judiciary.
para.121.4 message from the president
A message in writing from the President of the United States was
communicated to the House by Mr. Sherman Williams, one of his
secretaries.
para.121.5 enrolled bills signed
The SPEAKER pro tempore, Mr. WALKER, announced that pursuant to
[[Page 2719]]
clause 4, rule I, the Speaker signed the following enrolled bills on
Wednesday, October 2, 1996:
H.R. 2297. An Act to codify without substantive change laws
related to transportation and to improve the United States
Code;
H.R. 3005. An Act to amend the Federal securities laws in
order to promote efficiency and capital formation in the
financial market, and to amend the Investment Company Act of
1940 to promote more efficient management of mutual funds,
protect investors, and provide more effective and less
burdensome regulation;
H.R. 3118. An Act to amend title 38, United States Code, to
reform eligibility for health care provided by the Department
of Veterans Affairs, to authorize major medical facility
construction projects for the department, to improve
administration of health care by the department, and for
other purposes;
H.R. 3159. An Act to amend title 49, United States Code, to
authorize appropriations for fiscal years 1997, 1998, and
1999 for the National Transportation Safety Board, and for
other purposes; and
H.R. 3815. An Act to make technical corrections and
miscellaneous amendments to trade laws.
para.121.6 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate agrees to the report of the committee of
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 3539) ``An Act to amend title 49, United
States Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes.''
The message also announced that the Senate agrees to the amendment of
the House to the amendment of the Senate to the bill (H.R. 3723) ``An
Act to amend title 18, United States Code, to protect proprietary
economic information, and for other purposes.''.
para.121.7 communication from the clerk--message from the president
The SPEAKER pro tempore, Mr. WALKER, laid before the House a
communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, October 3, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of rule III of the Rules of the U.S. House of
Representatives, I have the honor to transmit a sealed
envelope received from the White House on October 2, 1996 at
6:00 p.m. and said to contain a message from the President
whereby he returns without his approval, H.R. 2909, the
``Silvio O. Conte National Fish and Wildlife Refuge Eminent
Domain Prevention Act.''
With warm regards,
Robin H. Carle,
Clerk, U.S. House of Representatives.
para.121.8 veto of h.r. 2909
The Clerk then read the veto message from the President, as follows:
To the House of Representatives:
I am returning herewith without my approval H.R. 2909, the ``Silvio O.
Conte National Fish and Wildlife Refuge Eminent Domain Prevention Act''.
This bill would prohibit the use of eminent domain authority for the
protection of the public's fish and wildlife resources at portions of
the Silvio O. Conte National Fish and Wildlife Refuge in the States of
New Hampshire and Vermont. Because it is unnecessary and would undermine
important governmental interests, I cannot support it.
First, the Conte Refuge poses no threat to property owners. Located
along the Connecticut River in the States of Connecticut, Massachusetts,
New Hampshire, and Vermont, it represents an entirely new kind of
national wildlife refuge. Rather than relying on the traditional
approach of acquiring large tracts of land, the comprehensive plan for
the Conte Refuge provides that only small amounts will come into Federal
ownership--a total of only 1,200 acres in New Hampshire and Vermont,
along with conservation easements for an additional 760 acres. Instead
of Federal land acquisition, the main emphasis for the Refuge will be on
restoring the Connecticut River watershed through voluntary
partnerships, cooperative agreements, and environmental education. The
Fish and Wildlife Service has no intention of using its eminent domain
authority.
Second, this bill would undermine a constitutionally bestowed
authority of the Federal Government by prohibiting the use of eminent
domain for fish and wildlife conservation. The truth is that the Fish
and Wildlife Service almost never uses eminent domain for wildlife
conservation purposes--on a nationwide basis, since 1989, the U.S. Fish
and Wildlife Service has only used its eminent domain power with the
consent of the owner to settle price or title differences. Still,
eminent domain remains an important tool of last resort, to protect the
public's interest in fish and wildlife resources should unforeseen
circumstances arise.
Private property is a fundamental American right and value. But this
bill is unnecessary and would erode a constitutional authority that has
served the public interest for over 200 years. As stated during debate
on this bill in the House of Representatives, H.R. 2909 is a solution in
search of a problem.
William J. Clinton.
The White House, October 2, 1996.
The SPEAKER pro tempore, Mr. WALKER, by unanimous consent, ordered
that the veto message, together with the accompanying bill, be printed
(H. Doc. 104-271) and spread upon the pages of the Journal of the House.
On motion of Mr. SOLOMON, by unanimous consent, the veto message and
accompanying bill were referred to the Committee on Resources.
para.121.9 message from the president--highway safety
The SPEAKER pro tempore, Mr. WALKER, laid before the House a message
from the President, which was read as follows:
To the Congress of the United States:
I transmit herewith the 1995 calendar year reports as prepared by the
Department of Transportation on activities under the Highway Safety Act,
the National Traffic and Motor Vehicle Safety Act of 1966, and the Motor
Vehicle Information and Cost Savings Act of 1972, as amended.
William J. Clinton.
The White House, October 3, 1996.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Transportation and
Infrastructure and the Committee on Commerce.
para.121.10 recess--2:16 p.m.
The SPEAKER pro tempore, Mr. WALKER, pursuant to clause 12 of rule I,
declared the House in recess at 2 o'clock and 16 minutes p.m., subject
to the call of the Chair.
para.121.11 after recess--5:01 p.m.
The SPEAKER pro tempore, Mr. WALKER, called the House to order.
para.121.12 hour of meeting
On motion of Mr. SOLOMON, by unanimous consent,
Ordered, That when the House adjourns today, it adjourn to meet at
2:00 p.m. on Friday, October 4, 1996.
para.121.13 bills and joint resolution presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following dates present to the President, for his
approval, bills and a joint resolution of the House of the following
titles:
On October 2, 1996:
H.R. 543. An Act to reauthorize the National Marine
Sanctuaries Act, and for other purposes;
H.R. 1734. An Act to reauthorize the National Film
Preservation Board, and for other purposes;
H.J. Res. 198. Joint resolution appointing the day for the
convening of the first session of the One Hundred Fifth
Congress and the day for the counting in Congress of the
electoral votes for President and Vice-President cast in
December 1996; and
H.R. 2579. An Act to establish the National Tourism Board
and the National Tourism Organization to promote
international travel and tourism to the United States.
On October 3, 1996:
H.R. 2297. An Act to codify without substantive changes
laws related to transportation and to improve the United
States Code;
H.R. 3005. An Act to amend the Federal securities laws in
order to promote efficiency and capital formation in the
financial markets, and to amend the Investment Company Act of
1940 to promote more efficient management of mutual funds,
protect investors, and provide more effective and less
burdensome regulation;
H.R. 3118. An Act to amend title 38, United States Code, to
reform eligbility for health care provided for the Department
of Veterans Affairs, to authorize major medical facility
construction projects for the Department, to improve
administrative of health care by the Department, and for
other purposes;
H.R. 3159. An Act to amend title 49, United States Code, to
authorize appropriations for
[[Page 2720]]
fiscal years 1997, 1998, and 1999 for the National
Transportation Safety Board, and for other purposes; and
H.R. 3815. An Act to make technical corrections and
miscellaneous amendments to trade laws.
And then,
para.121.14 adjournment
On motion of Mr. SOLOMON, pursuant to the special order heretofore
agreed to, at 5 o'clock and 2 minutes p.m., the House adjourned until
2:00 o'clock p.m. on Friday, October 4, 1996.
para.121.15 reports of committees on public bills and resolutions
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as follows:
Mr. YOUNG of Alaska: Committee on Resources. H.R. 3534. A
bill to authorize the Secretary of the Interior to renew
certain permits in the Mineral King Addition of the Sequoia
National Park and to protect historic and cultural resources
in that National Park, and for other purposes; with an
amendment (Rept. No. 104-866). Referred to the Committee of
the Whole House on the State of the Union.
para.121.16 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII, public bills and
resolutions were introduced and severally referred as follows:
By Mr. CONDIT (for himself, Mr. Doolittle, Mr.
Cunningham, and Mr. Radanovich):
H.R. 4339. A bill to amend the Clean Air Act to impose
certain requirements on areas upwind of ozone nonattainment
areas, and for other purposes; to the Committee on Commerce.
By Ms. DeLAURO:
H.R. 4340. A bill to prohibit, in connection with the
termination of Army activities at the Stratford Army Engine
Plant, the expenditure of Federal funds to cover the costs of
relocating a Government contractor located at that
installation; to the Committee on National Security.
By Mr. SCHUMER (for himself and Mr. Conyers):
H.R. 4341. A bill to establish felony violations for the
failure to pay legal child support obligations, and for other
purposes; to the Committee on the Judiciary.
By Mr. SCHUMER:
H.R. 4342. A bill to amend title 18, United States Code, to
extend certain statutes of limitation: to the Committee on
the Judiciary.
By Mr. UNDERWOOD:
H.R. 4343. A bill to prohibit the Secretary of Defense from
making American communities noncompetitive by using shipping
cost differentials attributable to the application of the
Merchant Marine Act, 1920; to the Committee on National
Security.
para.121.17 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 38: Mr. Andrews.
H.R. 609: Mr. Kennedy of Massachusetts.
H.R. 2011: Mrs. Meek of Florida.
H.R. 2119: Mr. Barton of Texas.
H.R. 2522: Mr. Radanovich.
H.R. 2652: Ms. Pelosi.
H.R. 3078: Mr. Camp.
H.R. 3104: Mr. Camp.
H.R. 3277: Mrs. Seastrand.
H.R. 3355: Ms. DeLauro.
H.R. 3443: Mr. Schumer, Mr. Ackerman, Mr. Payne of New
Jersey, Ms. Brown of Florida, Mr. Spratt, Mr. Ensign, Mr.
Oberstar, and Ms. DeLauro.
H.R. 3736: Mr. Tate.
H.R. 3775: Ms. Eddie Bernice Johnson of Texas.
H.R. 4031: Mr. Metcalf.
H.R. 4052: Ms. DeLauro.
H.R. 4108: Mr. Dreier.
H.R. 4145: Ms. Eddie Bernice Johnson of Texas.
H.R. 4148: Mr. Kolbe.
H.J. Res. 174: Mr. Barcia of Michigan.
H. Res. 520: Mr. Foglietta.
.
FRIDAY, OCTOBER 4, 1996 (122)
para.122.1 designation of speaker pro tempore
The House was called to order by the SPEAKER pro tempore, Mr. WALKER,
who laid before the House the following communication:
Washington, DC,
October 4, 1996.
I hereby designate the Honorable Robert S. Walker to act as
Speaker pro tempore on this day.
Newt Gingrich,
Speaker of the House of Representatives.
para.122.2 approval of the journal
The SPEAKER pro tempore, Mr. WALKER, announced he had examined and
approved the Journal of the proceedings of Thursday, October 3, 1996.
Pursuant to clause 1, rule I, the Journal was approved.
para.122.3 communications
Executive and other communications, pursuant to clause 2, rule XXIV,
were referred as follows:
5446. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Cranberries Grown in the States of Massachusetts, Rhode
Island, Connecticut, New Jersey, Wisconsin, Michigan,
Minnesota, Oregon, Washington, and Long Island in the State
of New York; Assessment Rate [Docket No. FV96-929-3 FIR]
received October 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
5447. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Irish Potatoes Grown in Certain Designated Counties In Idaho,
and Malheur County, Oregon; Assessment Rate [Docket No. FV96-
9 45-1 FIR] received October 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5448. A letter from the Acting Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
USDA to Eliminate Obsolete Regulations [Docket No. S&TD-96-
004] received October 3, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Agriculture.
5449. A letter from the Administrator, Agricultural
Marketing Service, transmitting the Service's final rule--
Dried Prunes Produced in California; Assessment Rate [Docket
No. FV96-993-1 FIR] received October 3, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
5450. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Viruses, Serums, Toxins, and Analogous
Products; Antibody Products [Docket No. 92-124-2] received
October 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
5451. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Change in Disease Status of the Czech
Republic and Italy Because of Rinderpest and Foot-and-Mouth
Disease [Docket No. 96-027-2] received October 4, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
5452. A letter from the Congressional Review Coordinator,
Animal and Plant Health Inspection Service, transmitting the
Service's final rule--Karnal Bunt [Docket No. 96-016-14]
received October 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
5453. A letter from the Under Secretary for Food,
Nutrition, and Consumer Services, Department of Agriculture,
transmitting the Department's final rule--Miscellaneous Farm
Bill Provisions Relating to the Authorization of Retail Firms
and Wholesale Food Concerns (RIN: 0584-AB02) received October
4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Agriculture.
5454. A letter from the Assistant Secretary for Legislative
Affairs and Public Liaison, Department of the Treasury,
transmitting a copy of the 17th monthly report as required by
the Mexican Debt Disclosure Act of 1995, pursuant to Public
Law 104-6, section 404(a) (109 Stat. 90); to the Committee on
Banking and Financial Services.
5455. A letter from the Director, Office of Management and
Budget, transmitting OMB's estimate of the amount of change
in outlays or receipts, as the case may be, in each fiscal
year through fiscal year 2002 resulting from passage of H.R.
4018, H.R. 3230, and H.R. 1642, pursuant to Public Law 101-
508, section 13101(a) (104 Stat. 1388-582); to the Committee
on the Budget.
5456. A letter from the Acting Assistant Deputy Secretary,
Department of Labor, transmitting the Department's final
rule--Permanent Replacement of Lawfully Striking Employees by
Federal Contractors (RIN: 1294-AA15) received October 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Economic and Educational Opportunities.
5457. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Air Quality Implementation Plans; Washington;
Revision to the State Implementation Plan Puget Sound
(Seattle-Tacoma Area) Carbon Monoxide Attainment
Demonstration [FRL-5631-2] received October 4, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5458. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Approval and
Promulgation of Maintenance Plan for Air Quality Planning
Purposes for the State of Washington; Carbon Monoxide [FRL-
5631-6] received October 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Commerce.
5459. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Oklahoma: Final
Authorization of State Hazardous Waste Management Program
Revisions [FRL-5630-4] received October 4, 1996, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5460. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Indiana: Final Full
Program Determination of Adequacy of State Municipal Solid
Waste Landfill Permit
[[Page 2721]]
Program [FRL-5630-5] received October 4, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Commerce.
5461. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Air Quality: Revision
to Definition of Volatile Organic Compounds--Exclusion of HFC
4310mee and HCFC 22ca and cb [FRL-5466-9] received October 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5462. A letter from the Director, Office of Regulatory
Management and Information, Environmental Protection Agency,
transmitting the Agency's final rule--Pesticide Chemical
Category, Formulating, Packaging and Repackaging Effluent
Limitations Guidelines, Pretreatment Standards, and New
Source Performance Standards [FRL-5630-9] received October 4,
1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Commerce.
5463. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting notification of
the removal of items from the U.S. Munitions List, pursuant
to 22 U.S.C. 2778(f); to the Committee on International
Relations.
5464. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting a memorandum of
justification indicating the President's intent to exercise
his authority under section 614(a)(1) of the FAA to authorize
issuance of loan guarantees in lieu of their statutory
deduction under the Loan Guarantees for Israel Program,
pursuant to 22 U.S.C. 2364(c); to the Committee on
International Relations.
5465. A letter from the Canada-United States
Interparliamentary Group, transmitting the American Group's
report on the seventh annual meeting of the Canada-United
States Interparliamentary Conference, pursuant to 22 U.S.C.
276f; to the Committee on International Relations.
5466. A letter from the Mayor, District of Columbia,
transmitting the actuaries review of the effect of temporary
early retirement option on the D.C. teachers' retirement
program, pursuant to D.C. Code, Section 1-722(d)(1); to the
Committee on Government Reform and Oversight.
5467. A letter from the Mayor, District of Columbia,
transmitting the actuaries review of the effect of base
retention differential and retention incentives on the police
officers and fire fighters retirement program, pursuant to
D.C. Code, Section 1-722(d)(1); to the Committee on
Government Reform and Oversight.
5468. A letter from the Mayor, District of Columbia,
transmitting the actuaries review of the effect of the change
in the cost-of-living adjustment frequency for post-December
31, 1979 hires on the D.C. teachers and police officers and
fire fighters' retirement program, pursuant to D.C. Code,
Section 1-722(d)(1); to the Committee on Government Reform
and Oversight.
5469. A letter from the Mayor, District of Columbia,
transmitting the actuaries review of the effect of 1996
temporary early retirement option on the D.C. teachers'
retirement program, pursuant to D.C. Code, Section 1-
722(d)(1); to the Committee on Government Reform and
Oversight.
5470. A letter from the Assistant Secretary for
Administration, Department of Agriculture, transmitting the
Department final rule--Agricultural Acquisition Regulation;
Revision (RIN: 0599-AA00) received October 2, 1996, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Government
Reform and Oversight.
5471. A letter from the Secretary, Federal Maritime
Commission, transmitting the Commission's final rule--
Inflation Adjustment of Civil Monetary Penalties [Docket No.
96-17] received October 4, 1996, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Government Reform and
Oversight.
5472. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Service's final rule--Removal of Subchapter D, Management
of Wildlife Research Areas from Title 50 CFR (RIN: 1018-AD72)
received October 4, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Resources.
5473. A letter from the General Counsel, Department of
Energy, transmitting the Department's final rule--Policy on
Excess Federal Power (6450-10-P), pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Resources.
5474. A letter from the Acting Director, Fish and Wildlife
Service, transmitting the Service's final rule--Endangered
and Threatened Wildlife and Plants; Determination of
Endangered Species Status for Four Plants and Threatened
Status for One Plant from the Central Sierran Foothills of
California (RIN: 1018-AC47) received October 2, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Resources.
5475. A letter from the Deputy Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Magnuson Act Provisions; Foreign
Fishing Regulations; Removal of Spawning Closure [Docket No.
950710176-6258-02] received October 3, 1996, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Resources.
5476. A letter from the Assistant Administrator for
Fisheries, National Marine Fisheries Service, transmitting
the Service's final rule--Fisheries of the Exclusive Economic
Zone Off Alaska; Technical Amendment; Correction and
Clarification (RIN: 0648-AI18) received October 3, 1996,
pursuant to 5 U.S.C. 801(a) (1) (A); to the Committee on
Resources.
5477. A letter from the Acting Director, Office of Surface
Mining, transmitting the Office's final rule--North Dakota
Abandoned Mine Land Reclamation Plan [ND-033-FOR] received
October 4, 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to the
Committee on Resources.
5478. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to provide congressional approval of an
interstate and Federal-State compact for the exchange of
criminal-history records for noncriminal-justice purposes
(``Compact''); to the Committee on the Judiciary.
5479. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation entitled ``Criminal Offender Anti-Drug Act''; to
the Committee on the Judiciary.
5480. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation entitled ``Child Support Recovery Amendments Act
of 1996''; to the Committee on the Judiciary.
5481. A letter from the Assistant Attorney General,
Department of Justice, transmitting a draft of proposed
legislation to clarify the effective date provision of rules
413 through 415 of the Federal Rules of Evidence; to the
Committee on the Judiciary.
5482. A letter from the Secretary, Federal Maritime
Commission, transmitting the Commission's final rule--
Administrative Offset [Docket No. 96-15] received September
26, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on the Judiciary.
5483. A letter from the Commissioner, Immigration and
Naturalization Service, transmitting the Service's final
rule--Employer Sanctions Modifications; Warning Notices;
Generation of Blank Employment Eligibility Verification Forms
(Form I-9) (RIN: 1115-AE21) received October 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
5484. A letter from the Director, Bureau of Transportation
Statistics, transmitting Transportation Statistics Annual
Report 1996, pursuant to Public Law 102-240, section 6006
(105 Stat. 2174); to the Committee on Transportation and
Infrastructure.
5485. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--Schedule for Rating Disabilities;
Mental Disorders (RIN: 2900-AF01) received October 3, 1996,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Veterans' Affairs.
5486. A letter from the Director, Office of Regulations
Management, Department of Veterans Affairs, transmitting the
Department's final rule--VA Acquisition Regulation: Service
Contracting (RIN: 2900-AG67) received October 2, 1996,
pursuant to 5 U.S.C. 8 Sec. (a)(1)(A); to the Committee on
Veterans' Affairs.
5487. A letter from the Chief, Regulations Unit, Internal
Revenue Service, transmitting the Service's final rule--
Action on Decision on Burlington Northern RR v. Commissioner
(82 T.C. 143 [1984]); Action on Decision in Eastman Kodak Co.
v. United States (534 F.2d 252); Revenue Ruling 96-51--
received October 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
5488. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the Department's
report pursuant to title II of the Foreign Operations, Export
Financing and Related Programs Appropriations Act, 1996;
jointly, to the Committees on International Relations and
Appropriations.
5489. A letter from the Acting Administrator, General
Services Administration, transmitting a draft of proposed
legislation to clarify actions taken in the Omnibus
Appropriations Act of 1996 to dissolve the Pennsylvania
Avenue Development Corporation [PADC] as of April 1, 1996,
and transfer certain of its functions and properties and
existing assets and liabilities to the General Services
Administration [GSA]; jointly, to the Committees on Resources
and Government Reform and Oversight.
5490. A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation entitled ``To
Authorize the Sale of Excess Federal Aircraft to Facilitate
the Suppression of Wildfire''; jointly, to the Committees on
Government Reform and Oversight, National Security, and
Agriculture.
para.122.4 message from the senate
A message from the Senate by Mr. Lundregan, one of its clerks,
announced that the Senate had passed without amendment bills and joint
resolutions of the House of the following titles:
H.R. 1087. An Act for the relief of Nguyen Quy An;
H.R. 1281. An Act to express the sense of the Congress that
it is the policy of the Congress that United States
Government agencies in possession of records about
individuals who are alleged to have committed Nazi war crimes
should make these records public;
H.R. 1874. An Act to modify the boundaries of the Talladega
National Forest, Alabama;
H.R. 3155. An Act to amend the Wild and Scenic Rivers Act
by designating the Wekiva River, Seminole Creek, and Rock
Springs Run in the State of Florida for study and potential
addition to the national wild and scenic rivers system;
H.R. 3219. An Act to provide Federal assistance for Indian
tribes in a manner that recognizes the right of tribal self-
governance, and for other purposes;
H.R. 3249. An Act to authorize appropriations for a mining
institute or institutes to develop domestic technological
capabilities
[[Page 2722]]
for the recovery of minerals from the Nation's seabed, and
for other purposes;
H.R. 3568. An Act to designate 51.7 miles of the Clarion
River, located in Pennsylvania, as a component of the
National Wild and Scenic Rivers System;
H.R. 3632. An Act to amend title XIX of the Social Security
Act to repeal the requirement for annual resident review for
nursing facilities under the Medicaid program and to require
resident reviews for mentally ill or mentally retarded
residents when there is a significant change in physical or
mental condition;
H.R. 3864. An Act to amend laws authorizing auditing,
reporting, and other functions by the General Accounting
Office;
H.R. 3910. An Act to provide emergency drought relief to
the city of Corpus Christi, Texas, and the Canadian River
Municipal Water Authority, Texas, and for other purposes;
H.R. 4083. An Act to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1997;
H.R. 4236. An Act to provide for the administration of
certain Presidio properties at minimal cost to the Federal
taxpayer, and for other purposes;
H.R. 4283. An Act to provide for ballast water management
to prevent the introduction and spread of nonindigenous
species into the waters of the United States, and for other
purposes;
H.J. Res. 193. Joint resolution granting the consent of
Congress to the Emergency Management Assistance Compact; and
H.J. Res. 194. Joint resolution granting the consent of the
Congress to amendments made by Maryland, Virginia, and the
District of Columbia to the Washington Metropolitan Area
Transit Regulation Compact.
The message also announced that the Senate had passed with amendments
in which the concurrence of the House is requested, bills and a
concurrent resolution of the House of the following titles:
H.R. 632. An Act to enhance fairness in compensating owners
of patents used by the United States;
H.R. 1776. An Act to require the Secretary of the Treasury
to mint coins in commemoration of Black Revolutionary War
patriots and the 275th anniversary of the 1st Black
Revolutionary War patriot, Crispus Attucks;
H.R. 3452. An Act to make certain laws applicable to the
Executive Office of the President, and for other purposes;
H.R. 4036. An Act making certain provisions with respect to
internationally recognized human rights, refugees, and
foreign relations;
H.R. 4137. An Act to combat drug-facilitated crimes of
violence, including sexual assaults; and
H. Con. Res. 230. Concurrent resolution providing for the
sine die adjournment of the second session of the One Hundred
Fourth Congress.
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 342. An Act to establish the Cache La Poudre River
Corridor;
S. 1612. An Act to broaden the scope of certain firearms
offenses, and for other purposes;
S. 1887. An Act to make improvements in the operation and
administration of the Federal courts, and for other purposes.
S. 2197. An Act to extend the authorized period of stay
within the United States for certain nurses; and
S. 2198. An Act to provide for the Advisory Commission on
Intergovernmental Relations to continue in existence, and for
other purposes.
The message also announced that the Senate agrees to the amendment of
the House to the amendment of the Senate to the bill (H.R. 3378) ``An
Act to amend the Indian Health Care Improvement Act to extend the
demonstration program for direct billing of Medicare, Medicaid, and
other third party payors.''
The message also announced that the Senate disagrees to the amendment
of the House to the bill (S. 1972) ``An Act to amend the Older Americans
Act of 1965 to improve the provisions relating to Indians, and for other
purposes.''.
para.122.5 enrolled bills signed
The SPEAKER pro tempore, Mr. WALKER, announced that pursuant to clause
4, rule I, the Speaker pro tempore, Mrs. Morella, signed the following
enrolled bills on Thursday, October 3, 1996:
H.R. 3539. An Act to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes;
H.R. 3723. An Act to amend title 18, United States Code, to
protect proprietary economic information, and for other
purposes; and
S. 39. An Act to amend the Magnuson Fishery Conservation
and Management Act to authorize appropriations, to provide
for sustainable fisheries, and for other purposes.
para.122.6 committee resignation--minority
The SPEAKER pro tempore, Mr. WALKER, laid before the House the
following communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, October 3, 1996.
Speaker Newt Gingrich,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Effective today, October 3, 1996, I
respectfully resign from the House Intelligence Committee.
With kindest personal regards, I remain
Very truly yours,
Ronald D. Coleman,
Member of Congress.
By unanimous consent, the resignation was accepted.
para.122.7 permanent select committee on intelligence
The SPEAKER pro tempore, Mr. WALKER, by unanimous consent, announced
that pursuant to the provisions of clause 1 of rule XLVIII and clause
6(f) of rule X, the Speaker appointed to the Permanent Select Committee
on Intelligence, Mr. Richardson, to fill the existing vacancy thereon
and to rank after Mr. Dicks.
para.122.8 providing for the adjournment of the second session of the
104th congress
The SPEAKER pro tempore, Mr. WALKER, laid before the House the
privileged concurrent resolution (H. Con. Res. 230) providing for the
sine die adjournment of the second session of the One Hundred Fourth
Congress; with the following amendment thereto:
Strike out all after the resolving clause and insert:
That when the House adjourns on the legislative day of
Wednesday, October 2, 1996, Thursday, October 3, 1996, or
Friday, October 4, 1996, on a motion offered pursuant to this
concurrent resolution by the Majority Leader, or his
designee, it stand adjourned sine die, or until noon on the
second day after members are notified to reassemble pursuant
to section 2 of this concurrent resolution, and that when the
Senate adjourns on Wednesday, October 2, 1996, Thursday,
October 3, 1996, or Friday, October 4, 1996, on a motion
offered pursuant to this concurrent resolution by the
Majority leader, or his designee, it stand adjourned sine
die, or until noon on the second day after Members are
notified to reassemble pursuant to section 2 of this
concurrent resolution.
Sec. 2. The Speaker of the House and the Majority Leader of
the Senate, acting jointly after consultation with the
Minority leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and Senate,
respectively, to reassemble whenever, in their opinion, the
public interest shall warrant it.
When said amendment was agreed to.
A motion to reconsider the vote whereby said amendment was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.9 drug-induced rape prevention
On motion of Mr. SOLOMON, by unanimous consent, the bill (H.R. 4137)
to combat drug-facilitated crimes of violence, including sexual
assaults; together with the following amendment of the Senate thereto,
was taken from the Speaker's table:
Strike out all after the enactment clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Induced Rape Prevention
and Punishment Act of 1996''.
SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED SUBSTANCE
WITH INTENT TO COMMIT A CRIME OF VIOLENCE.
(a) Penalties for Distribution.--Section 401(b) of the
Controlled Substances Act is amended by adding at the end the
following:
``(7) Penalties for distribution.--
``(A) In general.--Whoever, with intent to commit a crime
of violence, as defined in section 16 of title 18, United
States Code (including rape), against an individual, violates
subsection (a) by distributing a controlled substance to that
individual without that individual's knowledge, shall be
imprisoned not more than 20 years and fined in accordance
with title 18, United States Code.
``(B) Definition.--For purposes of this paragraph, the term
`without that individual's knowledge' means that the
individual is unaware that a substance with the ability to
alter that individual's ability to appraise conduct or to
decline participation in or communicate unwillingness to
participate in conduct is administered to the individual.''.
(b) Additional Penalties Relating to Flunitrazepam.--
(1) General penalties.--Section 401 of the Controlled
Substances Act (21 U.S.C. 841) is amended--
(A) in subsection (b)(1)(C), by inserting ``, or 1 gram of
flunitrazepam,'' after ``I or II''; and
(B) in subsection (b)(1)(D), by inserting ``or 30
milligrams of flunitrazepam,'' after ``schedule III,''.
(2) Import and export penalties.--
[[Page 2723]]
(A) Section 1009(a) of the Controlled Substances Import and
Export Act (21 U.S.C. 959(a)) is amended by inserting ``or
flunitrazepam'' after ``I or II''.
(B) Section 1010(b)(3) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)) is amended by inserting
``or flunitrazepam,'' after ``I or II,''.
(C) Section 1010(b)(4) of the Controlled Substances Import
and Export Act is amended by inserting ``(except a violation
involving flunitrazepam)'' after ``III, IV, or V,''.
(3) Sentencing guidelines.--
(A) Amendment of sentencing guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code,
the United States Sentencing Commission shall review and
amend, as appropriate, the sentencing guidelines for offenses
involving flunitrazepam.
(B) Summary.--The United States Sentencing Commission shall
submit to the Congress--
(i) a summary of its review under subparagraph (A); and
(ii) an explanation for any amendment to the sentencing
guidelines made under subparagraph (A).
(C) Serious nature of offenses.--In carrying out this
paragraph, the United States Sentencing Commission shall
ensure that the sentencing guidelines for offenses involving
flunitrazepam reflect the serious nature of such offenses.
(c) Increased Penalties for Unlawful Simple Possession of
Flunitrazepam.--Section 404(a) of the Controlled Substances
Act (21 U.S.C. 844(a)) is amended by inserting after
``exceeds 1 gram.'' the following: ``Notwithstanding any
penalty provided in this subsection, any person convicted
under this subsection for the possession of flunitrazepam
shall be imprisoned for not more than 3 years, shall be fined
as otherwise provided in this section or both.''.
SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM.
(a) Study.--The Administrator of the Drug Enforcement
Administration shall, in consultation with other Federal and
State agencies, as appropriate, conduct a study on the
appropriateness and desirability of rescheduling
flunitrazepam as a Schedule I controlled substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
Committees on the Judiciary of the House of Representatives
and the Senate the results of the study conducted under
subsection (a), together with any recommendations regarding
rescheduling of flunitrazepam as a Schedule I controlled
substance under the Controlled Substances Act (21 U.S.C. 801
et seq.).
SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS.
The Attorney General may--
(1) create educational materials regarding the use of
controlled substances (as that term is defined in section 102
of the Controlled Substances Act) in the furtherance of rapes
and sexual assaults; and
(2) disseminate those materials to police departments
throughout the United States.
On motion of Mr. SOLOMON, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.10 federal administrative process dispute resolution
On motion of Mr. SOLOMON, by unanimous consent, the bill (H.R. 4194)
to reauthorize alternative means of dispute resolution in Federal
administrative process, and for other purposes; together with the
following amendment of the Senate thereto, was taken from the Speaker's
table:
Page 12, after line 5, insert:
SEC. 12. JURISDICTION OF THE UNITED STATES COURT OF FEDERAL
CLAIMS AND THE DISTRICT COURTS OF THE UNITED
STATES: BID PROTESTS.
(a) Bid Protests.--Section 1491 of title 28, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) in subsection (a) by striking out paragraph (3); and
(3) by inserting after subsection (a), the following new
subsection;
``(b)(1) Both the United States Court of Federal Claims and
the district courts of the United States shall have
jurisdiction to render judgment on an action by an interested
party objecting to a solicitation by a Federal agency for
bids or proposals for a proposed contract or to a proposed
award or the award of a contract or any alleged violation of
statute or regulation in connection with a procurement or a
proposed procurement. Both the United States Court of Federal
Claims and the district courts of the United States shall
have jurisdiction to entertain such an action without regard
to whether suit is instituted before or after the contract is
awarded.
``(2) To afford relief in such an action, the courts may
award any relief that the court considers proper, including
declaratory and injunctive relief except that any monetary
relief shall be limited to bid preparation and proposal
costs.
``(3) In exercising jurisdiction under this subsection, the
courts shall give due regard to the interests of national
defense and national security and the need for expeditious
resolution of the action.
``(4) In any action under this subsection, the courts shall
review the agency's decision pursuant to the standards set
forth in section 706 of title 5.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on December 31, 1996 and
shall apply to all actions filed on or after that date.
(c) Study.--No earlier than 2 years after the effective
date of this section, the United States General Accounting
Office shall undertake a study regarding the concurrent
jurisdiction of the district courts of the United States and
the Court of Federal Claims over bid protests to determine
whether concurrent jurisdiction is necessary. Such a study
shall be completed no later than December 31, 1999, and shall
specifically consider the effect of any proposed change on
the ability of small businesses to challenge violations of
Federal procurement law.
(d) Sunset.--The jurisdiction of the district courts of the
United States over the actions described in section
1491(b)(1) of title 28, United States Code (as amended by
subsection (a) of this section) shall terminate on January 1,
2001 unless extended by Congress. The savings provisions in
subsection (e) shall apply if the bid protest jurisdiction of
the district courts of the United States terminates under
this subsection.
(e) Savings Provisions.--
(1) Orders.--A termination under subsection (d) shall not
terminate the effectiveness of orders that have been issued
by a court in connection with an action within the
jurisdiction of that court on or before December 31, 2000.
Such orders shall continue in effect according to their terms
until modified, terminated, superseded, set aside, or revoked
by a court of competent jurisdiction or by operation of law.
(2) Proceedings and applications.--(A) a termination under
subsection (d) shall not affect the jurisdiction of a court
of the United States to continue with any proceeding that is
pending before the court on December 31, 2000.
(B) Orders may be issued in any such proceeding, appeals
may be taken therefrom, and payments may be made pursuant to
such orders, as if such termination had not occurred. An
order issued in any such proceeding shall continue in effect
until modified, terminated, superseded, set aside, or revoked
by a court of competent jurisdiction or by operation of law.
(C) Nothing in this paragraph prohibits the discontinuance
or modification of any such proceeding under the same terms
and conditions and to the same extent that proceeding could
have been discontinued or modified absent such termination.
(f) Nonexclusivity of GAO Remedies.--In the event that the
bid protest jurisdiction of the district courts of the United
States is terminated pursuant to subsection (d), then section
3556 of title 31, United States Code, shall be amended by
striking ``a court of the United States or'' in the first
sentence.
On motion of Mr. SOLOMON, said Senate amendment was agreed to.
A motion to reconsider the vote whereby said Senate amendment was
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.11 operation of federal courts
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 1887) to make improvements in the operation and administration of
the Federal courts, and for other purposes; was taken from the Speaker's
table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.12 patent owner compensation
On motion of Mr. SOLOMON, by unanimous consent, the bill (H.R. 632) to
enhance fairness in compensating owners of patents used by the United
States; together with the following amendments of the Senate thereto,
was taken from the Speaker's table:
Page 2, line 8, strike out all after ``States'.'' down to
and including ``Acts.'' in line 13 and insert
``Notwithstanding the preceding sentences, unless the action
has been pending for more than 10 years from the time of
filing to the time that the owner applies for such costs and
fees, reasonable and entire compensation shall not include
such costs and fees if the court finds that the position of
the United States was substantially justified or that special
circumstances make an award unjust.''
Page 2, line 17, strike out ``January 1, 1995'' and insert
``the date of the enactment of this Act''.
On motion of Mr. SOLOMON, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
[[Page 2724]]
Ordered, That the Clerk notify the Senate thereof.
para.122.13 human rights
On motion of Mr. SMITH of New Jersey, by unanimous consent, the bill
(H.R. 4036) to strengthen the protection of internationally recognized
human rights; together with the following amendments of the Senate
thereto, was taken from the Speaker's table:
Page 2, strike out all after line 4 over to and including
line 6 on page 4.
Page 4, line 7, strike out ``103'' and insert ``101''.
Page 4, strike out all after line 20, over to and including
line 17 on page 6.
Page 6, line 18, strike out ``105'' and insert ``102''.
Page 7, line 3, strike out ``106'' and insert ``103''.
Page 8, line 10, strike out ``107'' and insert ``104''.
Page 12, after line 2 insert:
TITLE III--CLAIBORNE PELL INSTITUTE FOR INTERNATIONAL RELATIONS AND
PUBLIC POLICY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Claiborne Pell Institute
for International Relations and Public Policy Act''.
SEC. 302. GRANT AUTHORIZED.
In recognition of the public service of Senator Claiborne
Pell, the Secretary of Education is authorized to award a
grant, in accordance with the provisions of this title, to
assist in the establishment and operation of the Claiborne
Pell Institute for International Relations and Public Policy,
located as Salve Regina University, Newport, Rhode Island,
including the purchase and renovation of facilities to house
the Institute.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year
1997 such sums, not to exceed $3,000,000, as may be necessary
to carry out this title.
SEC. 304. EFFECTIVE DATE.
This title shall take effect on the date of enactment of
this Act.
TITLE IV--GEORGE BUSH SCHOOL OF GOVERNMENT AND PUBLIC SERVICE
SEC. 401. SHORT TITLE.
This title may be cited as the ``George Bush School of
Government and Public Service Act''.
SEC. 402. GRANT AUTHORIZED.
In recognition of the public service of President George
Bush, the Secretary of Eduation is authorized to make a grant
in accordance with the provisions of this Act to assist in
the establishment of the George Bush Fellowship Program,
located at the George Bush School of Government and Public
Service of the Texas A & M University.
SEC. 403. GRANT CONDITIONS.
No payment may be made under this title except upon an
application at such time, in such manner, and containing or
accompanied by such information as the Secretary of Education
may require.
SEC. 404. APPROPRIATIONS AUTHORIZED.
There are authorized to be appropriated such sums, not to
exceed $3,000,000, as may be necessary to carry out the
provisions of this title.
SEC. 405. EFFECTIVE DATE.
This title shall take effect on October 1, 1996.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. EDMUND S. MUSKIE FOUNDATION.
In recognition of the public service of Senator and
Secretary of State Edmund S. Muskie, the Secretary of
Education is authorized to award a grant in accordance with
the provisions of this Act to assist in the establishment of
the Edmund S. Muskie Foundation, located in Washington, DC,
by providing assistance to support the foundation, including
assistance to be used for awarding stewardships, supporting
the Muskie archives, and supporting the Edmund S. Muskie
Institute of Public Affairs.
SEC. 502. CALVIN COOLIDGE MEMORIAL FOUNDATION GRANT.
(a) Definitions.--In this section:
(1) Foundation.--The term ``Foundation'' means the Calvin
Coolidge Memorial Foundation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Grant Authorized.--The Secretary is authorized to made
a grant in the amount of $1,000,000 in accordance with the
provisions of this section to the Foundation.
(c) Grant Conditions.--
(1) Application.--No payment may be made under this section
except upon an application at such time, in such manner, and
containing or accompanied by such information as the
Secretary may require.
(2) Use of grant funds.--Funds received under this section
may be used for any of the following purposes:
(A) To increase the endowment of the Foundation.
(B) To conduct educational, archival, or preservation
activities of the Foundation.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $1,000,000, without
fiscal year limitation, to carry out the provisions of this
section.
(e) Effective Date.--This section shall take effect on
October 1, 1996.
On motion of Mr. SOLOMON, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.14 presidential accountability
On motion of Mr. CLINGER, by unanimous consent, the bill (H.R. 3452)
to make certain laws applicable to the Executive Office of the
President, and for other purposes; together with the following
amendments of the Senate thereto, was taken from the Speaker's table:
In section 1(b), strike the items relating to sections 4
through 9, and insert the following:
Sec. 4. Applicability of future employment laws.
Sec. 5. Repeal of section 303 of the Government Employee Rights Act of
1991.
In the table of contents relating to title 3, United States
Code (as added by section 2), redesignate the item relating
to section 420 as an item relating to section 421.
In the table of contents relating to title 3, United States
Code (as added by section 2), redesignate the item relating
to section 430 as an item relating to section 431.
In the table of contents relating to title 3, United States
Code (as added by section 2), in the item relating to
subchapter III, strike the hyphen and insert a space.
In the table of contents relating to title 3, United States
Code (as added by section 2), strike the item relating to
section 457.
In the table of contents for title 3, United States Code
(as amended by section 2), strike the items relating to
subchapters IV and V and insert the following:
``SUBCHAPTER IV--EFFECTIVE DATE
``471. Effective date.''.
In section 401 of title 3, United States Code (as added by
section 2), insert before ``Except'' the following:
``(a) In General.--''.
In section 401 of title 3, United States Code (as added by
section 2), add at the end the following:
``(b) Definitions Relating to Certain Matters.--For
purposes of applying this chapter with respect to any
practice or other matter--
``(1) to which section 411 relates, the terms `employing
office' and `covered employee' shall each be considered to
have the meaning given to the term by such section;
``(2) to which section 412 relates, the term `covered
employee' means a covered employee described in section
412(a)(2)(B);
``(3) to which section 413 relates, the term `covered
employee' excludes interns and volunteers, as described in
section 413(a)(2); and
``(4) to which section 416 relates, the term `covered
employee' means a covered employee described in section
416(a)(2).''.
In section 411 of title 3, United States Code (as added by
section 2), redesignate subsection (d) as subsection (e).
In section 411 of title 3, United States Code (as added by
section 2 and so redesignated) insert after subsection (c)
the following:
``(d) Regulations To Implement Section.--
``(1) In general.--The President, or the designee of the
President, shall issue regulations to implement paragraphs
(1) and (3) of subsection (a) and paragraphs (1) and (3) of
subsection (b).
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the appropriate officer of an executive agency
to implement the statutory provisions referred to in
paragraphs (1) and (3) of subsection (a) and paragraphs (1)
and (3) of subsection (b)--
``(A) except to the extent that the President or designee
may determine, for good cause shown and stated together with
the regulation, that a modification of such regulations would
be more effective for the implementation of the rights and
protections under this section; and
``(B) except that the President or designee may, at the
discretion of the President or designee, issue regulations to
implement a provision of section 717 of the Civil Rights Act
of 1964 or section 501 of the Rehabilitation Act of 1973 that
applies to employees in the executive branch of the Federal
Government in lieu of an analogous statutory provision
referred to in paragraph (1) or (3) of subsection (a) or
paragraph (1) or (3) of subsection (b), if the issuance of
such regulations--
``(i) would be equally effective for the implementation of
the rights and protections under this section; and
``(ii) would promote uniformity in the application of
Federal law to employees in the executive branch of the
Federal Government.''.
In section 411 of title 3, United States Code (as added by
section 2 and so redesignated), add at the end the following:
``(f) Effective Date.--This section shall take effect on
October 1, 1997.''.
In section 412(b) of title 3, United States Code (as added
by section 2), strike ``such damages'' and insert ``such
remedy''.
In section 412 of title 3, United States Code (as added by
section 2), add at the end the following:
``(c) Regulations To Implement Section.--
[[Page 2725]]
``(1) In general.--The President, or the designee of the
President, shall issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsections (a) and (b)--
``(A) except to the extent that the President or designee
may determine, for good cause shown and stated together with
the regulation, that a modification of such regulations would
be more effective for the implementation of the rights and
protections under this section; and
``(B) except that the President or designee may, at the
discretion of the President or designee, issue regulations to
implement a provision of subchapter V of chapter 63 of title
5, United States Code, that applies to employees in the
executive branch of the Federal Government in lieu of an
analogous statutory provision referred to in subsection (a)
or (b), if the issuance of such regulations--
``(i) would be equally effective for the implementation of
the rights and protections under this section; and
``(ii) would promote uniformity in the application of
Federal law to employees in the executive branch of the
Federal Government.
``(d) Effective Date.--Subsections (a) and (b) shall take
effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.''.
In section 413(c)(1) of title 3, United States Code (as
added by section 2), strike ``President'' and insert
``President, or the designee of the President,''.
In section 413(c)(2) of title 3, United States Code (as
added by section 2), strike ``subsection (a) except insofar
as the President'' and insert ``subsections (a) and (b)
except to the extent that the President or designee''.
In section 413(c)(3) of title 3, United States Code (as
added by section 2), strike ``President'' and insert
``President or designee''.
In section 413 of title 3, United States Code (as added by
section 2), add at the end the following:
``(d) Effective Date.--Subsections (a) and (b) shall take
effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.''.
In section 414(c)(1) of title 3, United States Code (as
added by section 2), strike ``President'' and insert
``President, or the designee of the President,''.
In section 414(c)(2) of title 3, United States Code (as
added by section 2), strike ``insofar as the President'' and
insert ``to the extent that the President or designee''.
In section 414 of title 3, United States Code (as added by
section 2), add at the end the following:
``(d) Effective Date.--Subsections (a) and (b) shall take
effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.''.
In section 415(a)(2)(A) of title 3, United States Code (as
added by section 2), strike ``does not succeed himself'' and
insert ``is not elected to a successive term''.
In section 415(c)(1) of title 3, United States Code (as
added by section 2), strike ``President'' and insert
``President, or the designee of the President,''.
In section 415(c)(2) of title 3, United States Code (as
added by section 2), strike ``subsection (a) except insofar
as the President'' and insert ``subsections (a) and (b)
except to the extent that the President or designee''.
In section 415 of title 3, United States Code (as added by
section 2), add at the end the following:
``(d) Effective Date.--Subsections (a) and (b) shall take
effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.''.
In section 416(c)(1) of title 3, United States Code (as
added by section 2), strike ``President'' and insert
``President, or the designee of the President,''.
In section 416(c) of title 3, United States Code (as added
by section 2), strike paragraph (2) and insert the following:
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary of Labor to implement the
statutory provisions referred to in subsections (a) and (b)--
``(A) except to the extent that the President or designee
may determine, for good cause shown and stated together with
the regulation, that a modification of such regulations would
be more effective for the implementation of the rights and
protections under this section; and
``(B) except that the President or designee may, at the
discretion of the President or designee, issue regulations to
implement a provision of section 4314 or 4324 of title 38,
United States Code, that applies to employees in the
executive branch of the Federal Government in lieu of an
analogous statutory provision referred to in subsection (a)
or (b), if the issuance of such regulations--
``(i) would be equally effective for the implementation of
the rights and protections under this section; and
``(ii) would promote uniformity in the application of
Federal law to employees in the executive branch of the
Federal Government.''.
In section 416 of title 3, United States Code (as added by
section 2), add at the end the following:
``(d) Effective Date.--Subsections (a) and (b) shall take
effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (c); or
``(2) October 1, 1998.''.
In section 417 of title 3, United States Code (as added by
section 2), strike subsection (c).
In section 420 of title 3, United States Code (as added by
section 2), strike ``420.'' and insert ``421.''.
In section 421 of title 3, United States Code (as added by
section 2 and so redesignated), add at the end the following:
``(d) Regulations To Implement Section.--
``(1) In general.--The President, or the designee of the
President, shall issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as substantive regulations
promulgated by the appropriate officer of an executive agency
to implement the statutory provisions referred to in
subsections (a) and (b)--
``(A) except to the extent that the President or designee
may determine, for good cause shown and stated together with
the regulation, that a modification of such regulations would
be more effective for the implementation of the rights and
protections under this section; and
``(B) except that the President or designee may, at the
discretion of the President or designee, issue regulations to
implement a provision of section 1, 2, 3, or 6 of the Act
entitled `An Act to insure that certain buildings financed
with Federal funds are so designed and constructed as to be
accessible to the physically handicapped', approved August
12, 1968 (commonly known as the `Architectural Barriers Act
of 1968') or section 501 of the Rehabilitation Act of 1973
that applies to agencies of the executive branch of the
Federal Government in lieu of an analogous statutory
provision referred to in subsection (a) or (b), if the
issuance of such regulations--
``(i) would be equally effective for the implementation of
the rights and protections under this section; and
``(ii) would promote uniformity in the application of
Federal law to agencies of the executive branch of the
Federal Government.
``(e) Effective Date.--Subsections (a), (b), and (c) shall
take effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (d); or
``(2) October 1, 1998.''.
In section 425(c)(3)(A) of title 3, United States Code (as
added by section 2), strike ``he'' and insert ``the
employer''.
In section 425(c)(5) of title 3, United States Code (as
added by section 2), strike ``appropriate United States
circuit court of appeals'' and insert ``United States Court
of Appeals for the Federal Circuit''.
In section 425(d)(1) of title 3, United States Code (as
added by section 2), strike ``President'' and insert
``President, or the designee of the President,''.
In section 425(d)(2) of title 3, United States Code (as
added by section 2), strike ``subsection (a) except to the
extent that the President'' and insert the following:
``subsections (a) and (b)--
`` `(A) except to the extent that the President or
designee''.
In section 425(d)(2) of title 3, United States Code (as
added by section 2), strike the period at the end and insert
the following: ``; and
`` `(B) except that the President or designee may, at the
discretion of the President or designee, issue regulations to
implement a provision of section 19 of the Occupational
Safety and Health Act of 1970 that applies to agencies or
employees of the executive branch of the Federal Government
in lieu of an analogous statutory provision referred to in
subsection (a) or (b), if the issuance of such regulations--
`` `(i) would be equally effective for the implementation
of the rights and protections under this section; and
`` `(ii) would promote uniformity in the application of
Federal law to employees in the executive branch of the
Federal Government.''.
In section 425 of title 3, United States Code (as added by
section 2), add at the end the following:
``(e) Effective Date.--Subsections (a) through (c) shall
take effect on the earlier of--
``(1) the effective date of regulations issued under
subsection (d); or
``(2) October 1, 1998.''.
In section 430 of title 3, United States Code (as added by
section 2), strike ``430.'' and insert ``431.''.
In section 431(c)(2)(B) of title 3, United States Code (as
added by section 2 and so redesignated), strike ``deems'' and
insert ``may determine that a modification of such
regulations is''.
In section 431(d)(1) of title 3, United States Code (as
added by section 2 and so redesignated), strike ``Federal
Labor Relations''.
In section 431(d)(2)(E) of title 3, United States Code (as
added by section 2 and so redesignated), strike ``Advisors''
and insert ``Advisers''.
In section 431(d)(2)(G) of title 3, United States Code (as
added by section 2 and so redesignated), strike the semicolon
and insert ``; and''.
In section 431(d)(2)(H) of title 3, United States Code (as
added by section 2 and so redesignated), strike ``; and'' and
insert a period.
In section 431(d)(2) of title 3, United States Code (as
added by section 2 and so redesignated), strike subparagraph
(I).
[[Page 2726]]
In section 431 of title 3, United States Code (as added by
section 2 and so redesignated), add at the end the following:
``(e) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall take effect on the earlier of--
``(A) the effective date of regulations issued under
subsection (c); or
``(B) October 1, 1998.
``(2) Certain employing offices.--Subsections (a) and (b)
shall take effect, with respect to employing offices, and
employees of employing offices, referred to in subsection
(d)(2), on the earlier of--
``(A) the effective date of regulations issued under
subsection (d); or
``(B) October 1, 1998.''.
In section 435(a) of title 3, United States Code (as added
by section 2), strike ``420'' and insert ``421''.
In section 435 of title 3, United States Code (as added by
section 2), strike subsection (g) and insert the following:
``(g) Political Affiliation.--It shall not be a violation
of any provision of this chapter to consider, or make any
employment decision based on, the party affiliation, or
political compatibility with the employing office, of an
employee who is a covered employee.''.
In section 452(a) of title 3, United States Code (as added
by section 2), strike ``President'' and insert ``President,
or the designee of the President,''.
In section 453(1) of title 3, United States Code (as added
by section 2), strike ``administrative''.
In section 454(a) of title 3, United States Code (as added
by section 2), add at the end the following: ``The complaint
in an action involving such an alleged violation shall be
processed under the procedures specified by the President, or
the designee of the President, in such regulations as the
President or designee may issue.''.
In section 454(b)(1) of title 3, United States Code (as
added by section 2), strike ``other Federal employee'' and
insert ``employee in the executive branch of the Federal
Government (other than a covered employee)''.
In section 454(b)(2) of title 3, United States Code (as
added by section 2), strike ``However, in'' and insert
``In''.
In section 454(b)(2) of title 3, United States Code (as
added by section 2), strike ``(c)(1)''.
In section 454(b)(3) of title 3, United States Code (as
added by section 2), strike ``appropriate circuit court of
appeals'' and insert ``United States Court of Appeals for the
Federal Circuit''.
In section 455 of title 3, United States Code (as added by
section 2), strike ``President'' and insert ``President, or
the designee of the President,''.
In title 3, United States Code (as amended by section 2),
strike section 457.
In title 3, United States Code (as amended by section 2),
strike subchapter IV.
In title 3, United States Code (as amended by section 2),
redesignate subchapter V as subchapter IV.
In title 3, United States Code (as amended by section 2),
strike section 481 and insert the following:
``SEC. 471. EFFECTIVE DATE.
``(a) In General.--Except as otherwise provided in this
chapter, this chapter shall take effect on October 1, 1997.
``(b) Regulations.--Sections 411(d), 412(c), 413(c),
414(c), 415(c), 416(c), 421(d), 425(d), 431(c), 431(d),
452(a), and 454(a) shall take effect on the date of enactment
of this Act.''.
Section 2(b) is amended to read as follows:
(b) Regulations.--Appropriate measures shall be taken to
ensure that--
(1) any regulations required to implement section 411 of
title 3, United States Code, shall be in effect by October 1,
1997; and
(2) any other regulations needed to implement chapter 5 of
title 3, United States Code shall be in effect as soon as
practicable, but not later than October 1, 1998.
In section 3(a)(1), strike ``(1) Chapter'' and insert the
following:
``(1) In general.--Chapter''.
In section 1296(a) of title 3, United States Code (as added
by section 3(a)(1)), strike ``the courts of appeals (other
than the United States Court of Appeals for the Federal
Circuit)'' and insert ``the United States Court of Appeals
for the Federal Circuit''.
In section 1296(a)(2) of title 3, United States Code (as
added by section 3(a)(1)), strike ``under chapter'' and all
that follows through ``such title'' and insert ``made under
part D of subchapter II of chapter 5 of title 3,
notwithstanding section 7123 of title 5''.
In section 1296 of title 3, United States Code (as added by
section 3(a)(1)), strike subsection (c).
In section 3(a)(2), strike ``(2) The table of sections for
chapter 158'' and insert the following:
``(2) Table of sections.--The table of sections for chapter
83''.
In section 3(b)(2)(A), strike ``(A) Chapter'' and insert
the following:
``(A) In general.--Chapter''.
In section 3(b)(2)(B), strike ``(B)'' and insert the
following:
``(B) Table of sections.--''.
In section 3(b)(3), strike ``(A)''.
In section 3(b)(3), insert opening quotation marks after
``striking''.
In section 3(c), strike ``Procedure.--'' and all that
follows through ``Part VI'' and insert the following:
``Procedure.--Part VI''.
In section 3903 of title 28, United States Code (as added
by section 3(c)), strike ``President'' and insert
``President, the designee of the President, or the Federal
Labor Relations Authority''.
In section 3905(a) of title 28, United States Code (as
added by section 3(c)), strike ``420'' and insert ``421''.
In section 3905 of title 28, United States Code (as added
by section 3(c)), add at the end the following:
``(c) Punitive Damages.--Except as otherwise provided in
chapter 5 of title 3, no punitive damages may be awarded with
respect to any claim under chapter 5 of title 3.''.
In section 3906(2) of title 28, United States Code (as
added by section 3(c)), strike ``such office'' and insert
``the office involved''.
In title 28, United States Code (as amended by section
3(c)), strike section 3908 and insert the following:
``Sec. 3908. Definitions.
``For purposes of applying this chapter, the terms
`employing office' and `covered employee' have the meanings
given those terms in section 401 of title 3.''.
Section 3(d) is amended to read as follows:
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 1997.
In section 3(e), strike ``(1)''.
Strike sections 4 and 5.
Strike section 6 and insert the following:
SEC. 4. APPLICABILITY OF FUTURE EMPLOYMENT LAWS.
(a) In General.--Each provision of Federal law that is made
applicable to the legislative branch under section 102 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1302), and
that is enacted later than 12 months after the date of the
enactment of this Act, shall be deemed to apply with respect
to ``employing offices'' and ``covered employees'' (within
the meaning of section 401 of title 3, United States Code, as
added by this Act), unless such law specifically provides
otherwise and expressly cites this section.
(b) Regulations.--
(1) In general.--The President, or the designee of the
President, shall issue regulations to implement such
provision.
(2) Agency regulations.--The regulations issued under
paragraph (1) to implement a provision shall be the same as
substantive regulations promulgated by the head of the
appropriate executive agency to implement the provision,
except to the extent that the President or designee may
determine, for good cause shown and stated together with the
regulation, that a modification of such regulations would be
more effective for the implementation of the rights and
protections under the section.
In section 7, in the section heading, strike ``320'' and
insert ``303''.
In section 7(a), strike ``320 of the Government Employee
Rights Act of 1991'' and insert ``303 of the Government
Employee Rights Act of 1991 (as redesignated by section
504(a)(3) of the Congressional Accountability Act of 1995)''.
Section 7(b) is amended to read as follows:
(b) Effective Date.--This section shall take effect on
October 1, 1997.
In section 7(c), strike ``in which the'' and insert ``under
such section 303 in which a''.
Redesignate section 7 as section 5.
Strike sections 8 and 9.
In chapter 5 of title 3, United States Code (as added by
section 2), strike the subchapter heading for subchapter I
and insert the following:
``SUBCHAPTER I--GENERAL PROVISIONS''.
In chapter 5 of title 3, United States Code (as added by
section 2), strike the subchapter heading for subchapter II
and insert the following:
``SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS''.
In chapter 5 of title 3, United States Code (as added by
section 2), strike the subchapter heading for subchapter III
and insert the following:
``SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION
PROCEDURES''.
In chapter 5 of title 3, United States Code (as added by
section 2), strike the subchapter heading for subchapter IV
(as so redesignated) and insert the following:
``SUBCHAPTER IV--EFFECTIVE DATE''.
In section 401 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 401. Definitions''.
In section 402 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 402. Application of laws''.
In section 411 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 411. Rights and protections under title VII of the
Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation Act of 1973, and
title I of the Americans with Disabilities Act of 1990''.
In section 412 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 412. Rights and protections under the Family and
Medical Leave Act of 1993''.
In section 413 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 413. Rights and protections under the Fair Labor
Standards Act of 1938''.
In section 414 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
[[Page 2727]]
``Sec. 414. Rights and protections under the Employee
Polygraph Protection Act of 1988''.
In section 415 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 415. Rights and protections under the Worker
Adjustment and Retraining Notification Act''.
In section 416 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 416. Rights and protections relating to veterans'
employment and reemployment''.
In section 417 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 417. Prohibition of intimidation or reprisal''.
In section 421 of title 3, United States Code (as added by
section 2 and so redesignated), strike the section heading
and insert the following:
``Sec. 421. Rights and protections under the Americans with
Disabilities Act of 1990''.
In section 425 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 425. Rights and protections under the Occupational
Safety and Health Act of 1970; procedures for remedy of
violations''.
In section 431 of title 3, United States Code (as added by
section 2 and so redesignated), strike the section heading
and insert the following:
``Sec. 431. Application of chapter 71 of title 5, relating to
Federal service labor-management relations; procedures for
remedy of violations''.
In section 435 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 435. Generally applicable remedies and limitations''.
In section 451 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 451. Procedure for consideration of alleged
violations''.
In section 452 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 452. Counseling and mediation''.
In section 453 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 453. Election of proceeding''.
In section 454 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 454. Appropriate agencies''.
In section 455 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 455. Effect of failure to issue regulations''.
In section 456 of title 3, United States Code (as added by
section 2), strike the section heading and insert the
following:
``Sec. 456. Confidentiality''.
In section 471 of title 3, United States Code (as added by
section 2 and so redesignated), strike the section heading
and insert the following:
``Sec. 471. Effective date''.
On motion of Mr. CLINGER, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.15 black revolutionary war partriots coins
On motion of Mr. DAVIS, by unanimous consent, the bill (H.R. 1776) to
require the Secretary of the Treasury to mint coins in commemoration of
black revolutionary was patriots; together with the following amendments
of the Senate thereto, was taken from the Speaker's table:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United
States Commemorative Coin Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COMMEMORATIVE COIN PROGRAMS
Sec. 101. Commemorative coin programs.
Sec. 102. Design.
Sec. 103. Legal tender.
Sec. 104. Sources of bullion.
Sec. 105. Quality of coins.
Sec. 106. Sale of coins.
Sec. 107. General waiver of procurement regulations.
Sec. 108. Financial assurances.
TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND
Sec. 201. National Law Enforcement Officers Memorial Maintenance Fund.
TITLE III--STUDY OF FIFTY STATES COMMEMORATIVE COIN PROGRAM
Sec. 301. Short title.
Sec. 302. Study.
Sec. 303. Fixed terms for members of the Citizens Commemorative Coin
Advisory Committee.
Sec. 304. Mint managerial staffing reform.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Fund'' means the National Law Enforcement
Officers Memorial Maintenance Fund established under section
201;
(2) the term ``recipient organization'' means an
organization described in section 101 to which surcharges
received by the Secretary from the sale of coins issued under
this Act are paid; and
(3) the term ``Secretary'' means the Secretary of the
Treasury.
TITLE I--COMMEMORATIVE COIN PROGRAMS
SEC. 101. COMMEMORATIVE COIN PROGRAMS.
In accordance with the recommendations of the Citizens
Commemorative Coin Advisory Committee, the Secretary shall
mint and issue the following coins:
(1) Dolley madison.--
(A) In general.--In commemoration of the 150th anniversary
of the death of Dolley Madison, the Secretary shall mint and
issue not more than 500,000 $1 coins, each of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10 percent copper.
(B) Design of coins.--The design of the coins minted under
this paragraph shall be emblematic of the 150th anniversary
of the death of Dolley Madison and the life and achievements
of the wife of the fourth President of the United States.
(C) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(D) Issuance of coins.--
(i) Commencement of issuance.--The Secretary may issue
coins minted under this paragraph beginning January 1, 1999.
(ii) Termination of minting authority.--No coins may be
minted under this paragraph after December 31, 1999.
(E) Surcharges.--All sales of the coins issued under this
paragraph shall include a surcharge of $10 per coin.
(F) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act), all surcharges received by the Secretary from
the sale of coins issued under this paragraph shall be
promptly paid by the Secretary to the National Trust for
Historic Preservation in the United States (hereafter in this
paragraph referred to as the ``National Trust'') to be used--
(i) to establish an endowment to be a permanent source of
support for Montpelier, the home of James and Dolley Madison
and a museum property of the National Trust; and
(ii) to fund capital restoration projects at Montpelier.
(2) George washington.--
(A) In general.--The Secretary shall mint and issue not
more than 100,000 $5 coins, each of which shall--
(i) weigh 8.359 grams;
(ii) have a diameter of 0.850 inches; and
(iii) contain 90 percent gold and 10 percent alloy.
(B) Design of coins.--The design of the coins minted under
this paragraph shall be emblematic of George Washington, the
first President of the United States.
(C) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(D) Issuance of coins.--
(i) Commencement of issuance.--The Secretary may issue
coins minted under this paragraph beginning May 1, 1999.
(ii) Termination of minting authority.--No coins may be
minted under this paragraph after November 31, 1999.
(E) Surcharges.--All sales of coins minted under this
paragraph shall include a surcharge of $35 per coin.
(F) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act), all surcharges received by the Secretary from
the sale of coins issued under this paragraph shall be
promptly paid by the Secretary to the Mount Vernon Ladies'
Association (hereafter in this paragraph referred to as the
``Association'') to be used--
(i) to supplement the Association's endowment for the
purpose of providing a permanent source of support for the
preservation of George Washington's home; and
(ii) to provide financial support for the continuation and
expansion of the Association's efforts to educate the
American people about the life of George Washington.
(3) Black revolutionary war patriots.--
(A) In general.--In commemoration of Black Revolutionary
War patriots and the 275th anniversary of the birth of the
first Black Revolutionary War patriot, Crispus Attucks, who
was the first American colonist killed by British troops
during the Revolutionary period, the Secretary shall mint and
issue not more than 500,000 $1 coins, each of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10 percent copper.
(B) Design of coins.--The design of the coins minted under
this paragraph--
(i) on the obverse side of the coins, shall be emblematic
of the first Black Revolutionary War patriot, Crispus
Attucks; and
[[Page 2728]]
(ii) on the reverse side of such coins, shall be emblematic
of the Black Revolutionary War Patriots Memorial.
(C) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(D) Issuance of coins.--The Secretary may issue coins
minted under this paragraph only during the period beginning
on January 1, 1998, and ending on December 31, 1998.
(E) Surcharges.--All sales of coins issued under this
paragraph shall include a surcharge of $10 per coin.
(F) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act), all surcharges received by the Secretary from
the sale of coins issued under this paragraph shall be
promptly paid by the Secretary to the Black Revolutionary War
Patriots Foundation for the purpose of establishing an
endowment to support the construction of a Black
Revolutionary War Patriots Memorial.
(4) Franklin delano roosevelt.--
(A) In general.--To commemorate the public opening of the
Franklin Delano Roosevelt Memorial in Washington, D.C., which
will honor President Roosevelt's leadership and legacy,
during a 1-year period beginning on or after May 15, 1997,
the Secretary shall issue not more than 100,000 $5 coins,
each of which shall--
(i) weigh 8.359 grams;
(ii) have a diameter of 0.850 inches; and
(iii) contain 90 percent gold and 10 percent alloy.
(B) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(C) Surcharges.--All sales of the coins issued under this
paragraph shall include a surcharge of $35 per coin.
(D) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act), all surcharges received by the Secretary from
the sale of coins issued under this paragraph shall be
promptly paid by the Secretary to the Franklin Delano
Roosevelt Memorial Commission.
(5) Yellowstone national park.--
(A) In general.--To commemorate the 125th anniversary of
the establishment of Yellowstone National Park as the first
national park in the United States, and the birth of the
national park idea, during a 1-year period beginning in 1999,
the Secretary shall issue not more than 500,000 $1 coins,
each of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10 percent alloy.
(B) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(C) Surcharges.--All sales of the coins issued under this
paragraph shall include a surcharge of $10 per coin.
(D) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act), all surcharges received by the Secretary from
the sale of coins issued under this paragraph shall be
promptly paid by the Secretary in accordance with the
following:
(i) Fifty percent of the surcharges received shall be paid
to the National Park Foundation to be used for the support of
national parks.
(ii) Fifty percent of the surcharges received shall be paid
to Yellowstone National Park.
(6) National law enforcement officers memorial.--
(A) In general.--To recognize the sacrifice of law
enforcement officers and their families in preserving public
safety, during a 1-year period beginning on or after December
15, 1997, the Secretary shall issue not more than 500,000 $1
coins, each of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10 percent alloy.
(B) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(C) Surcharges.--All sales of the coins issued under this
paragraph shall include a surcharge of $10 per coin.
(D) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act), after receiving surcharges from the sale of the
coins issued under this paragraph, the Secretary shall
transfer to the Secretary of the Interior an amount equal to
the surcharges received from the sale of the coins issued
under this paragraph, which amount shall be deposited in the
Fund established under section 201.
(7) Jackie robinson.--
(A) In general.--In commemoration of the 50th anniversary
of the breaking of the color barrier in major league baseball
by Jackie Robinson and the legacy that Jackie Robinson left
to society, the Secretary shall mint and issue--
(i) not more than 100,000 $5 coins, each of which shall--
(I) weigh 8.359 grams;
(II) have a diameter of 0.850 inches; and
(III) contain 90 percent gold and 10 percent alloy; and
(ii) not more than 200,000 $1 coins, each of which shall--
(I) weigh 26.73 grams;
(II) have a diameter of 1.500 inches; and
(III) contain 90 percent silver and 10 percent copper.
(B) Design of coins.--The design of the coins minted under
this paragraph shall be emblematic of Jackie Robinson and his
contributions to major league baseball and to society.
(C) Mint facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the
coins minted under this paragraph.
(D) Issuance of coins.--The Secretary may issue coins
minted under this paragraph only during the period beginning
on July 1, 1997, and ending on July 1, 1998.
(E) Surcharges.--All sales of the coins issued under--
(i) subparagraph (A)(i) shall include a surcharge of $35
per coin; and
(ii) subparagraph (A)(ii) shall include a surcharge of $10
per coin.
(F) Distribution of surcharges.--Subject to section 5134(f)
of title 31, United States Code (as added by section 301(b)
of this Act)--
(i) all surcharges received by the Secretary from the sale
of the initial 100,000 coins issued under subparagraph
(A)(ii), shall be promptly paid by the Secretary to the
National Fund for the United States Botanic Garden; and
(ii) all surcharges received by the Secretary from the sale
of any coins issued under this paragraph (other than the
coins described in clause (i)) shall be promptly paid by the
Secretary to the Jackie Robinson Foundation for the purposes
of--
(I) enhancing the programs of the Jackie Robinson
Foundation in the fields of education and youth leadership
skills development; and
(II) increasing the availability of scholarships for
economically disadvantaged youths.
SEC. 102. DESIGN.
(a) Selection.--The design for each coin issued under this
paragraph shall be--
(1) selected by the Secretary after consultation with the
appropriate recipient organization or organizations and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(b) Designation and Inscriptions.--On each coin issued
under this paragraph there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus
Unum''.
SEC. 103. LEGAL TENDER.
(a) Legal Tender.--The coins issued under this title shall
be legal tender, as provided in section 5103 of title 31,
United States Code.
(b) Numismatic Items.--For purposes of section 5134(f) of
title 31, United States Code, all coins minted under this
title shall be considered to be numismatic items.
SEC. 104. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting
coins under this title pursuant to the authority of the
Secretary under other provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting
coins under this title from sources the Secretary determines
to be appropriate, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 105. QUALITY OF COINS.
Each coin minted under this title shall be issued in
uncirculated and proof qualities.
SEC. 106. SALE OF COINS.
(a) Sale Price.--Each coin issued under this title shall be
sold by the Secretary at a price equal to the sum of--
(1) the face value of the coin;
(2) the surcharge provided in section 101 with respect to
the coin; and
(3) the cost of designing and issuing the coin (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title before the issuance of
such coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 107. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
Section 5112(j) of title 31, United States Code, shall
apply to the procurement of goods or services necessary to
carrying out the programs and operations of the United States
Mint under this title.
SEC. 108. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall
take such actions as may be necessary to ensure that minting
and issuing coins under this title will not result in any net
cost to the United States Government.
(b) Payment for Coins.--A coin shall not be issued under
this title unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
[[Page 2729]]
TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND
SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL
MAINTENANCE FUND.
(a) Establishment.--
(1) In general.--There is established the National Law
Enforcement Officers Memorial Maintenance Fund, which shall
be a revolving fund administered by the Secretary of the
Interior (or the designee of the Secretary of the Interior).
(2) Funding.--Amounts in the Fund shall include--
(A) amounts deposited in the Fund under section 101(6); and
(B) any donations received under paragraph (3).
(3) Donations.--The Secretary of the Interior may accept
donations to the Fund.
(4) Interest-bearing account.--The Fund shall be maintained
in an interest-bearing account within the Treasury of the
United States.
(b) Purposes.--The Fund shall be used--
(1) for the maintenance and repair of the National Law
Enforcement Officers Memorial in Washington, D.C.;
(2) to periodically add the names of law enforcement
officers who have died in the line of duty to the National
Law Enforcement Officers Memorial;
(3) for the security of the National Law Enforcement
Officers Memorial site, including the posting of National
Park Service rangers and United States Park Police, as
appropriate;
(4) at the discretion of the Secretary of the Interior and
in consultation with the Secretary and the Attorney General
of the United States, who shall establish an equitable
procedure between the Fund and such other organizations as
may be appropriate, to provide educational scholarships to
the immediate family members of law enforcement officers
killed in the line of duty whose names appear on the National
Law Enforcement Officers Memorial, the total annual amount of
such scholarships not to exceed 10 percent of the annual
income of the Fund;
(5) for the dissemination of information regarding the
National Law Enforcement Officers Memorial to the general
public;
(6) to administer the Fund, including contracting for
necessary services, in an amount not to exceed the lesser
of--
(A) 10 percent of the annual income of the Fund; or
(B) $200,000 during any 1-year period; and
(7) at the discretion of the Secretary of the Interior, in
consultation with the Fund, for appropriate purposes in the
event of an emergency affecting the operation of the National
Law Enforcement Officers Memorial, except that, during any 1-
year period, not more than $200,000 of the principal of the
Fund may be used to carry out this paragraph.
(c) Budget and Audit Treatment.--The Fund shall be subject
to the budget and audit provisions of chapter 91 of title 31,
United States Code.
TITLE III--STUDY OF FIFTY STATES COMMEMORATIVE COIN PROGRAM
SEC. 301. SHORT TITLE.
This title may be cited as the ``50 States Commemorative
Coin Program Act''.
SEC. 302. STUDY.
(a) Study.--The Secretary of the Treasury shall by June 1,
1997 complete a study of the feasibility of a circulating
commemorative coin program to commemorate each of the 50
States. The study shall assess likely public acceptance of
and consumer demand for different coins that might be issued
in connection with such a program (taking into consideration
the pace of issuance of coins and the length of such a
program), a comparison of the costs of producing coins issued
under the program and the revenue that the program would
generate, the impact on coin distribution systems, the
advantages and disadvantages of different approaches to
selecting designs for coins in such a program, and such other
factors as the Secretary considers appropriate in deciding
upon the feasibility of such a program. No steps taken in
order to gather information for this study shall be
considered a collection of information within the meaning of
section 3502 of title 44, United States Code.
(b) Report.--The Secretary shall submit the study required
in subsection (a) above, to the Committee on Banking and
Financial Services of the House of Representatives and the
Committee on Banking, Housing and Urban Affairs of the
Senate, simultaneously on its receipt by the Secretary.
(c) 50-State Commemorative Coin Program.--The Secretary
shall determine by August 1, 1997 whether the results of the
study authorized by subsection (a) justify such a program. If
the Secretary determines that such a program is justified,
then he shall by January 1, 1999, notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) of
section 5112, title 31, United States Code, commence a
commemorative coin program consisting of the minting and
issuance of quarter dollar coins bearing designs, selected in
accordance with paragraph (4) of this subsection, which are
emblematic of the 50 States. If the Secretary determines that
such a commemorative coin program is justified but that it is
not practicable to commence the program by January 1, 1999,
then he shall notify the Committee on Banking and Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate of such
impracticability and of the date on which the program will
commence.
(1) Design.--The design for each quarter dollar issued
under the program shall be emblematic of 1 of the 50 States.
The designs for quarter dollar coins issued during each year
of the program shall be emblematic of States which have not
previously been commemorated under the program.
(2) Order of issuance.--Each State will be honored by a
coin in the order of that State's admission to the United
States.
(3) Number of coins.--Of the quarter dollar coins issued
during each year of the program, the Secretary shall
prescribe, on the basis of such factors as the Secretary
determines to be appropriate, the number of quarter dollar
coins which shall be issued with each of the designs selected
for such year.
(4) Selection of design.--Each of the 50 designs required
for quarter dollars issued under the program shall be--
(A) selected pursuant to a process, decided upon by the
Secretary, on the basis of the study conducted pursuant to
subsection (a), which process shall involve, among other
things, consultation with appropriate officials of the State
being commemorated with such design; and
(B) reviewed by the Citizens Commemorative Coin Advisory
Committee and the Commission of Fine Arts.
(5) Treatment as numismatic items.--For purposes of
sections 5134 and 5136 of title 31, United States Code, all
coins minted under this section shall be considered to be
numismatic items.
(6) Numismatic items.--
(A) Quality of coins.--The Secretary may mint and issue
such number of quarter dollars of each design selected under
paragraph (4) of this subsection in uncirculated and proof
qualities as the Secretary determines to be appropriate.
(B) Silver coins.--Notwithstanding the provisions of
subsection 5112(b) of title 31, United States Code, the
Secretary may mint and issue such number of quarter dollars
of each design selected under paragraph (4) of this
subsection as the Secretary determines to be appropriate with
a content of 90 percent silver and 10 percent copper.
(C) Sources of bullion.--The Secretary may obtain silver
for minting coins under paragraph (6)(B) from stockpiles
established under the Strategic and Critical Materials Stock
Piling Act.
(d) Funding.--Funds used to complete this study shall be
offset from funds from the Department of the Treasury.
SEC. 303. FIXED TERMS FOR MEMBERS OF THE CITIZENS
COMMEMORATIVE COIN ADVISORY COMMITTEE.
(a) In General.--Section 5135(a)(4) of title 31, United
States Code, is amended to read as follows:
``(4) Terms.--
``(A) In general.--Each individual appointed to the
Advisory Committee under clause (i) or (iii) of paragraph
(3)(A) shall be appointed for a term of 4 years.
``(B) Interim appointments.--Any member appointed to fill a
vacancy occurring before the expiration of the term for which
such member's predecessor was appointed shall be appointed
only for the remainder of such term.
``(C) Continuation of service.--Each member appointed under
clause (i) or (iii) of paragraph (3)(A) may continue to serve
after the expiration of the term to which such member was
appointed until a successor has been appointed and
qualified.''.
(b) Staggered Terms.--Of the members appointed to the
Citizens Commemorative Coin Advisory Committee under clause
(i) or (iii) of section 5135(a)(3)(A) of title 31, United
States Code, who are serving on the Advisory Committee as of
the date of the enactment of this Act--
(1) 1 member appointed under clause (i) and 1 member
appointed under clause (iii), as designated by the Secretary,
shall be deemed to have been appointed to a term which ends
on December 31, 1997;
(2) 1 member appointed under clause (i) and 1 member
appointed under clause (iii), as designated by the Secretary,
shall be deemed to have been appointed to a term which ends
on December 31, 1998; and
(3) 1 member appointed under clause (i) and 1 member
appointed under clause (iii), as designated by the Secretary,
shall be deemed to have been appointed to a term which ends
on December 31, 1999.
(c) Status of Members.--The members appointed to the
Citizens Commemorative Coin Advisory Committee under clause
(i) or (iii) of section 5135(a)(3)(A) of title 31, United
States Code, shall not be treated as special Government
employees.
SEC. 304. MINT MANAGERIAL STAFFING REFORM.
Section 5131 of title 31, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
On motion of Mr. DAVIS, said Senate amendments were agreed to.
A motion to reconsider the vote whereby said Senate amendments were
agreed to was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.16 excess aircraft sale
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 2078) to authorize the sale of excess Department of Defense aircraft
to facilitate the suppression of wildfire; was taken from the Speaker's
table.
[[Page 2730]]
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.17 marine mineral resources
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 1194) to amend the Mining and Mineral Policy Act of 1970 to promote
the research, identification, assessment, and exploration of marine
mineral resources, and for other purposes; was taken from the Speaker's
table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.18 kansas and nebraska irrigation
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 1649) to extend contracts between the Bureau of Reclamation and
irrigation districts in Kansas and Nebraska, and for other purposes; was
taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.19 work opportunity reconciliation
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 2183) to make technical corrections to the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996; was taken from the
Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.20 extend stay of nurses
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 2197) to extend the authorized period of stay within the United
States for certain nurses; was taken from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.21 extend stay of nurses
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 2198) to provide for the Advisory Commission on Intergovernmental
Relations to continue in existence, and for other purposes; was taken
from the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.22 cache la poudre river
On motion of Mr. SOLOMON, by unanimous consent, the bill of the Senate
(S. 342) to establish the Cache La Poudre River Corridor; was taken from
the Speaker's table.
When said bill was considered, read twice, ordered to be read a third
time, was read a third time by title, and passed.
A motion to reconsider the vote whereby said bill was passed was, by
unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
para.122.23 senate bills referred
Bills of the Senate of the following titles were taken from the
Speaker's table, and under the rule, referred as follows:
S. 1080. An Act to amend chapters 83 and 84 of title 5,
United States Code, to provide additional investment funds
for the Thrift Savings Plan, to permit employees to gain
addition liquidity in their Thrift Savings Accounts, and for
other purposes; to the Committee on Government Reform and
Oversight;
S. 1514. An Act to authorize the obligation and expenditure
of appropriated funds for a 2.4 percent increase in pay and
allowances and a 5.2 percent increase for basic allowance for
quarters for the members of the uniformed services; to the
Committee on National Security;
S. 1559. An Act to make technical corrections to title 11,
United States Code, and for other purposes; to the Committee
on the Judiciary;
S. 1612. An Act to broaden the scope of certain firearms
offenses, and for other purposes; to the Committee on the
Judiciary;
S. 1918. An Act to amend trade laws and related provisions
to clarify the designation of normal trade relations; to the
Committee on Ways and Means; and
S. 2130. An Act to extend certain privileges, exemptions,
and immunities to Hong Kong Economic and Trade Offices; to
the Committee on International Relations.
And then,
para.122.24 adjournment sine die
On motion of Mr. MYERS, pursuant to the provisions of House Concurrent
Resolution 230, as amended, at 2 o'clock and 52 minutes p.m., the House
adjourned sine die.
para.122.25 public bills and resolutions
Under clause 5 of rule X and clause 4 of rule XXII:
Mr. DORNAN introduced a bill (H.R. 4344) to amend title 10,
United States Code, to provide that a member of the Armed
Forces who is diagnosed as being HIV-positive within 1 year
of entering military service shall be considered to have
entered the Armed Forces under a fraudulent enlistment or
appointment; which was referred to the Committee on National
Security.
para.122.26 additional sponsors
Under clause 4 of rule XXII, sponsors were added to public bills and
resolutions as follows:
H.R. 218: Mr. Wamp.
H.R. 878: Mr. Wamp.
H.R. 1057: Mr. Johnson of South Dakota.
H.R. 2771: Mr. Neumann.
H.R. 3277: Mr. Burton of Indiana.
H.R. 3531: Mr. Vento.
H.R. 3614: Mr. Bartlett of Maryland.
H.R. 3647: Mr. Horn.
H.R. 4145: Mr. Becerra.
H.R. 4313: Mr. LaFalce and Mrs. Maloney.
H. Con. Res. 63: Mr. Diaz-Balart.
H. Con. Res. 173: Mr. Hostettler.
para.122.27 petitions, etc.
Under clause 1 of rule XXII, petitions and papers were laid on the
Clerk's desk and referred as follows:
77. By the SPEAKER: Petition of Marlene Y. Green,
Pittsburgh, PA, relative to the C.Y.S. bill; to the Committee
on Economic and Educational Opportunities.
78. Also, petition of Marlene Y. Green, Pittsburgh, PA,
relative to the agreement; to the Committee on International
Relations.
79. Also, petition of Marlene Y. Green, Pittsburgh, PA,
relative to historical landmarks preservation; education; to
the Committee on Resources.
80. Also, petition of De Willem of West Coast, Demerara,
Guyana, South America, relative to reporting violations of
U.S. immigration policy; to the Committee on the Judiciary.
81. Also, petition of Marlene Y. Green, Pittsburgh, PA,
relative to MAG-LEV mono-rail transportation subsidy; to the
Committee on Transportation and Infrastructure.
PROCEEDINGS OF THE HOUSE SUBSEQUENT TO SINE DIE ADJOURNMENT
[[Page 2731]]
PROCEEDINGS OF THE HOUSE
SUBSEQUENT TO SINE DIE ADJOURNMENT
SECOND SESSION, ONE HUNDRED FOURTH CONGRESS
para.122.28 appointments by the speaker after sine die adjournment
Pursuant to the provisions of section 3(b)(1)(B) of Public Law 104-
169, and section 7 of House Resolution 546, 104th Congress, authorizing
the Speaker and the minority leader to appoint commissions, boards, and
committees authorized by law or by the House, the Speaker on October
28, 1996, appointed the following members to the National Gambling
Impact and Policy Commission on the part of the House: As. Kay Cole
James, Virginia; and Mr. J. tempore Lanai, Nevada.
Pursuant to the provisions of 2 U.S.C. 285c and section 7 of the
House Resolution 546, 104th Congress, authorizing the Speaker and the
minority leader to appoint commissions, boards, and committees
authorized by law or by the House, the Speaker on December 21, 1996
appointed Mr. John R. Miller as acting law revision counsel for the
House of Representatives.
para.122.29 messages and communications received following the sine die
adjournment
communication from the office of the law revision concede
The text of the communication from Edward F. Willett, Jr., Office of
the Law Revision Counsel, dated September 16, 1996, is as follows:
U.S. House of Representatives
Washington, DC, September 16, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This past April, I completed 26 years of
service with the House of Representatives, first as Assistant
Law Revision Counsel and later as Law Revision Counsel for
the Committee on the Judiciary and, since the establishment
of the Office of the Law Revision Counsel in 1975, as Law
Revision Counsel for the House of Representatives. Together
with prior executive branch service, my total service is
nearing 38 years. Accordingly, I have concluded it is time to
retire. I am most grateful for having had the privilege of
serving the House as Law Revision Counsel. With your approval
my termination as Law Revision Counsel will become effective
November 30, 1996.
Permit me to provide a brief overview of the Office of the
Law Revision Counsel. Functions of the Office include the
classification of new laws to the United States Code, the
preparation and publication of the Code, the preparation of
bills to enact titles of the Code into positive law and to
repeal obsolete and superseded statutes, and the provision of
advice and assistance to the Committee on the Judiciary in
carrying out its functions with respect and codification.
The Office functions with a staff of 18, all of whom have
been appointed without regard to political affiliation and
solely on the basis of fitness to perform the duties of the
position. All have expressed the desire for career service in
the Office. This has resulted in low turnover and in a highly
motivated, productive staff. My Deputy and the two Senior
Counsels have accumulated 60 years of service with the
Office. Accumulated service of the seven Assistant Counsels
totals 74 years and that of the seven support staff 69 years.
Methods and procedures for the preparation and publication
of the United States Code have been modernized. Working with
the Government Printing Office, the transition from hot metal
to electronic typesetting and composition for printing of the
Code was implemented commencing with the 1976 main edition. A
computer system was installed in the Office for use in
maintaining the code database and updating it to include
newly enacted laws. The system permits the text of new laws
to be extracted from the bills database and efficiently
incorporated into the Code database. Benefits resulting from
modernization include increased productivity, virtually
error-free text, timelier publication, and substantial
reduction in typesetting costs. Main editions of the code
were published for 1976, 1982, 1988, and 1994, and annual
cumulative Supplements were published for each of the
intervening years.
The Code database is also utilized for a computerized Code
Research and Retrieval system for the legislative branch and
for the annual production of the Code on CD-ROM. Response to
the availability of the Code on CD-ROM has been exceptional,
with thousands being purchased from the Superintendent of
Documents at a unit cost of about $35. Commencing in January
1995, the Code and the Code classifications of new laws have
been made available (utilizing the Code database) on the
House Internet Law Library and on the Government Printing
Office Internet access. Usage of the House Internet Law
Library to access the Code is increasing significantly each
month, with user totals for August in excess of 100,000. The
Internet Law Library has been the subject of numerous good
reviews and comments from both user groups and individual
users.
As a result of bills prepared by the Office and transmitted
to the Committee on the Judiciary, three titles of the Code
have been enacted into positive law without substantive
change and numerous obsolete and superseded laws repealed.
Assistance was provided to the Committee in connection with
the substantive revision and enactment into positive law of a
fourth title of the Code. Bills to enact three other titles
have been transmitted to the Committee and a bill relating to
another title is in preparation.
What has been accomplished could not have been done without
the assistance and expertise of an outstanding staff. I am
truly indebted to them. The Office has enjoyed a close
working relationship with the Committee on the Judiciary with
regard to its consideration of bills to enact titles of the
Code into positive law, for which I am most appreciative. I
also gratefully acknowledge the assistance of the support
offices of the House, particularly House Information
Resources and the Office of the Legislative Counsel, and of
the Government Printing Office.
Respectfully yours,
Edward F. Willett, Jr.
Communication from the office of the honorable bobby rush--subpoena
The text of the communication from Anna Ream, Field Representative, in
the office of the Honorable Bobby Rush, dated November 12, 1996, is as
follows:
Congress of the United States,
House of Representatives,
Washington, DC, November 12, 1996.
Hon. Newt Gingrich,
Speaker of the House,
House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the Municipal Court of the
State of California, County of San Mateo, South San Francisco
Branch.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Anne Ream,
Field Representative.
communication from the office of the honorable anna eshoo--subpoena
The text of the communication from Carol D. Richardson in the office
of the Honorable Anna Eshoo, dated November 18, 1996, is as follows:
Congress of the United States,
House of Representatives,
Washington, DC, November 18, 1996.
Hon. Newt Gingrich,
Speaker of the House,
House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served a subpoena issued by the United States District Court
for the Eastern District of Michigan.
After consultation with the General Counsel, I will make
the determination required by Rule L.
Sincerely,
Carol D. Richardson.
communication from the clerk of the house--certificate of election
The text of the communication from the Honorable Robin H. Carle, Clerk
of the House, December 2, 1996, is as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, December 2, 1996.
Hon. Newt Gingrich,
The Speaker,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
copy of the original Certificate of Election received from
the Honorable Ron Thornburgh, Secretary of State, State of
Kansas, indicating that, according to the results of the
General Election held on November 5, 1996, and pursuant to
K.S.A. 25-3503(d), which states, ``In the event that any
vacancy occurs . . . on or after the date of any general
election of state officers and before the term of office in
which the vacancy has occurred expires, votes cast for the
office of congressman in the district in which such vacancy
occurs shall be deemed to have been cast to fill such vacancy
for the unexpired term, as well as for election for the next
reg
[[Page 2732]]
ular term,'' the Honorable Jim Ryun was elected to the office
of Representative in Congress, from the Second Congressional
District, State of Kansas.
With warm regards,
Robin H. Carle.
communication from the clerk of the house--certificate of election
The text of the communication from the Honorable Robin H. Carle, Clerk
of the House, December 2, 1996, is as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, December 2, 1996.
Hon. Newt Gingrich,
The Speaker,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
copy of the original Certificate of Election received from
the Honorable Rebecca McDowell Cook, Secretary of State,
State of Missouri, indicating that, according to the results
of the Special Election held on November 5, 1996, the
Honorable Jo Ann Emerson was elected to the office of
Representative in Congress, from the Eighth Congressional
District, State of Missouri.
With warm regards,
Robin H. Carle.
communication from the clerk of the house--subpoena
The text of the communication from the Honorable Robin H. Carle, Clerk
of the House, December 30, 1996, is as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, December 30, 1996.
Hon. Newt Gingrich,
Speaker of the House,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Keeper of
Records, Legislative Resource Center, Office of the Clerk,
has been served with a subpoena for documents issued by the
United States District Court for the District of
Massachusetts.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Robin H. Carle.
communication from the clerk of the house--message from the senate
The text of the communication from the Honorable Robin H. Carle, Clerk
of the House, January 6, 1997, is as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, January 6, 1997.
Hon. Newt Gingrich,
The Speaker,
U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the permission granted in
Clause 5 of Rule III of the Rules of the U.S. House of
Representatives, the Clerk received the following messages
from the Secretary of the Senate on Monday, January 6, 1997
at 2:06 p.m.:
That the Senate failed of passage (veto message) H.R. 1833.
With warm regards,
Robin H. Carle, Clerk,
U.S. House of Representatives.
para.122.30 communication from the honorable charles wilson--
resignation as a member of congress
The text of the communication from the Honorable Charles Wilson,
Member of Congress, dated October 8, 1996, is as follows:
Congress of the United States,
House of Representatives,
Washington, DC, October 8, 1996.
Hon. George W. Bush,
Governor of The State of Texas, State Capitol, Austin, Texas.
Re Letter of resignation, Texas Congressional District No. 2.
Dear Governor Bush: It has been my honor, and privilege, to
serve my constituents in Texas for almost 40 years; four in
the United States Navy; twelve in the Texas Legislature and
the remainder in the U.S. House of Representatives. I have
tried to give the very best I had to offer for my
constituents, the State of Texas and my Country. If there
were an opportunity to turn the clock back and start over, I
would follow the same course. At this point of anyone's
career, if he/she can look back and say, ``It was good.'',
the ultimate fulfillment has been achieved. I can truthfully
say, it was good.
The book has closed on the 104th Congress. With that
closure, I respectfully take my leave effective at the
expiration of October 8, 1996.
Thank you for your kind understanding of my resignation and
for the many courtesies you have extended to me.
Sincerely,
Charles Wilson.
para.122.31 communication from the honorable sam brownback--resignation
as a member of congress
The text of the communication from the Honorable Sam Brownback, Member
of Congress, dated November 26, 1996, is as follows:
Congress of the United States,
House of Representatives,
Washington, DC, November 26, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
The Capitol, Washington, DC.
Dear Newt: Attached please find a copy of the letter I have
sent to Kansas Governor Bill Graves informing him that I am
resigning from the House of Representatives effective at
12:00 p.m. central time on Wednesday, November 27th, 1996.
It has been an honor and a privilege to serve with you in
the House of Representatives. We enacted reforms during the
104th Congress that has moved this country in the right
direction. I look forward to continuing to work with you to
balance the federal budget, reduce the size, scope, and
intrusiveness of the federal government, and restore the
American Dream.
Sincerely,
Sam Brownback,
Member of Congress.
____
Congress of the United States,
House of Representatives,
Washington, DC, November 25, 1996.
Gov. Bill Graves,
State Capitol, Topeka, KS.
Dear Governor Graves: For the past two years, it has been
my privilege to serve the people of Kansas' Second District
as their elected Representative in the U.S. Congress. It has
been an eventful tenure.
These are remarkable times, and public servants have a
tremendous opportunity and responsibility for making America
a better place.
There is much work to be done, and the people rightly
expect that we will begin it in earnest. Toward that end, I
am scheduled to be sworn in as a U.S. Senator for Kansas at
2:00 p.m. central time, Wednesday, November 27, 1996.
Accordingly, I am resigning my seat in the U.S. House of
Representatives effective at 12:00 p.m. central time,
Wednesday, November 27, 1996.
The work of renewing America is unfinished. I see cause for
great hope as I believe we are now clearly focused on those
very problems which most confound us. There has never been a
challenge which the American nation recognized clearly and
approached resolutely which we did not overcome. We have
cause for great Thanksgiving.
Sincerely,
Sam Brownback.
para.122.32 communication from the honorable ray thornton--resignation
as a member of congress
The text of the communication from the Honorable Ray Thornton, Member
of Congress, dated November 14, 1996, is as follows:
Congress of the United States,
House of Representatives,
Washington, DC, November 14, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, The Capitol,
Washington, DC.
Dear Mr. Speaker: Enclosed herewith please find a copy of
my letter of resignation as a Member of Congress, effective
at noon on January 1, 1997 which I have tendered to the
appropriate Arkansas State Authority.
Best personal regards,
Ray Thornton.
____
Congress of the United States,
House of Representatives,
Washington, DC, November 19, 1996.
Hon. Sharon Priest,
Secretary of State, The Capitol, Little Rock, AR.
Dear Madam Secretary: Pursuant to the results of the
general election of November 5, 1996, I will be taking office
as an Associate Justice of the Arkansas Supreme Court on
January 1, 1997. I therefore hereby submit my resignation as
Arkansas second district Representative in the United States
Congress to you effective at noon on January 1, 1997. Until
that time I will continue to carry out my duties as your
Congressman.
Best personal regards,
Ray Thornton.
para.122.33 enrolled bills and joint resolutions signed by the speaker
pro tempore after sine die adjournment
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bills and joint
resolutions of the House of the following titles, which was signed by
the Speaker pro tempore, Mrs. MORELLA:
On October 9, 1996:
H.R. 632. An Act to enhance fairness in compensating owners
of patents used by the United States.
H.R. 1087. An Act for the relief of Nguyen Quy An.
H.R. 1281. An Act to express the sense of the Congress that
United States Government agencies in possession of records
about individuals who are alleged to have committed Nazi war
crimes should make these records public.
[[Page 2733]]
H.R. 1776. An Act to establish United States commemorative
coin programs, and for other purposes.
H.R. 1874. An Act to modify the boundaries of the Talladega
National Forest, Alabama.
H.R. 3155. An Act to amend the Wild and Scenic Rivers Act
by designating the Wekiva River, Seminole Creek, and Rock
Springs Run in the State of Florida for study and potential
addition to the National Wild and Scenic Rivers System.
H.R. 3249. An Act to authorize appropriations for a mining
institute or institutes to develop domestic technological
capabilities for the recovery of minerals from the Nation's
seabed, and for other purposes.
H.R. 3378. An Act to amend the Indian Health Care
Improvement Act to extend the demonstration program for
direct billing of Medicare, Medicaid, and other third party
payors.
H.R. 3568. An Act to designate 51.7 miles of the Clarion
River, located in Pennsylvania, as a component of the
National Wild and Scenic Rivers System.
H.R. 3632. An Act to amend title XIX of the Social Security
Act to repeal the requirement for annual resident review for
nursing facilities under the Medicaid program and to require
resident reviews for mentally ill or mentally retarded
residents when there is a significant change in physical or
mental condition.
H.R. 3864. An Act to amend laws authorizing auditing,
reporting, and other functions by the General Accounting
Office.
H.R. 3910. An Act to provide emergency drought relief to
the city of Corpus Christi, Texas, and the Canadian River
Municipal Water Authority, Texas, and for other purposes.
H.R. 4036. An Act making certain provisions with respect to
internationally recognized human rights, refugees, and
foreign relations.
H.R. 4083. An Act to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1997.
H.R. 4137. An Act to combat drug-facilitated crimes of
violence, including sexual assaults.
H.R. 4194. An Act to reauthorize alternative means of
dispute resolution in the Federal administrative process, and
for other purposes.
H.J. Res. 193. Joint resolution granting the consent of
Congress to the Emergency Management Assistance Compact.
H.J. Res. 194. Joint resolution granting the consent of the
Congress to amendments made by Maryland, Virginia, and the
District of Columbia to the Washington Metropolitan Area
Transit Regulation Compact.
On October 11, 1996:
H.R. 3219. An Act to provide Federal assistance for Indian
tribes in a manner that recognizes the right of tribal self-
governance, and for other purposes.
H.R. 3452. An Act to make certain laws applicable to the
Executive Office of the President, and for other purposes.
H.R. 4283. An Act to provide for ballast water management
to prevent the introduction and spread of nonindigenous
species into the waters of the United States, and for other
purposes.
H.R. 4236. An Act to provide for the administration of
certain Presidio properties at minimal cost to the Federal
taxpayer, and for other purposes.
para.122.34 senate enrolled bills and joint resolutions signed by the
speaker pro tempore after sine die adjournment
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee had examined and found truly enrolled a bills and joint
resolutions of the House of the following titles, which was signed by
the Speaker pro tempore, Mrs. MORELLA:
S. 342. An Act to establish the Cache La Poudre River
Corridor.
S. 1004. An Act to authorize appropriations for the United
States Coast Guard, and for other purposes.
S. 1194. An Act to promote the research, identification,
assessment, and exploration of marine mineral resources, and
for other purposes.
S. 1649. An Act to extend contracts between the Bureau of
Reclamation and irrigation districts in Kansas and Nebraska,
and for other purposes.
S. 1887. An Act to make improvements in the operation and
administration of the Federal courts, and for other purposes.
S. 2078. An Act to authorize the sale of excess Department
of Defense aircraft to facilitate the suppression of
wildfire.
S. 2183. An Act to make technical corrections to the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996.
S. 2197. An Act to extend the authorized period of stay
within the United States for certain nurses.
S. 2198. An Act to provide for the Advisory Commission on
Intergovernmental Relations to continue in existence, and for
other purposes.
para.122.35 bills and joint resolutions presented to the president
Mr. THOMAS, from the Committee on House Oversight, reported that that
committee did on the following date present to the President, for his
approval, a bill of the House of the following title:
On October 4, 1996:
H.R. 3539. An Act to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes.
H.R. 3723. An Act to amend title 18, United States Code, to
protect proprietary economic information, and for other
purposes.
On October 10, 1996:
H.R. 632. An Act to enhance fairness in compensating owners
of patents used by the United States.
H.R. 1087. An Act for the relief of Nguyen Quy An.
H.R. 1281. An Act to express the sense of Congress that
United States Government agencies in possession of records
about individuals who are alleged to have committed Nazi war
crimes should make these records public.
H.R. 1776. An Act to establish United States commemorative
coin programs, and for other purposes.
H.R. 1874. An Act to modify the boundaries of the Talladega
National Forest, Alabama.
H.R. 3155. An Act to amend the Wild and Scenic Rivers Act
by designating the Wekiva River, Seminole Creek, and Rock
Springs Run in the State of Florida for study and potential
addition to the National Wild and Scenic Rivers System.
H.R. 3249. An Act to authorize appropriations for a mining
institute or institutes to develop domestic technological
capabilities for the recovery of minerals from the Nation's
seabed, and for other purposes.
H.R. 3378. An Act to amend the Indian Health Care
Improvement Act to extend the demonstration program for
direct billing of Medicare, Medicaid, and other third party
payors.
H.R. 3568. An Act to designate 51.7 miles of the Clarion
River, located in Pennsylvania, as a component of the
National Wild and Scenic Rivers System.
H.R. 3632. An Act to amend title XIX of the Social Security
Act to repeal the requirements for annual resident review for
nursing facilities under the Medicaid program and to require
resident reviews for mentally ill or mentally retarded
residents when there is a significant change in physical or
mental condition.
H.R. 3854. An Act to amend laws authorizing auditing,
reporting, and other functions by the General Accounting
Office.
H.R. 3910. An Act to provide emergency drought relief to
the city of Corpus Christi, Texas, and the Canadian River
Municipal Water Authority, Texas, and for other purposes.
H.R. 4036. An Act making certain provisions with respect to
internationally recognized human rights, refugees, and
foreign relations.
H.R. 4083. An Act to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1997.
H.R. 4137. An Act to combat drug-facilitated crimes of
violence, including sexual assaults.
H.R. 4194. An Act to reauthorize alternative means of
dispute resolution in the Federal administrative process, and
for other purposes.
H.J. Res. 193. Joint resolution granting the consent of
Congress to the Emergency Management Assistance Compact.
H.J. Res. 194. Joint resolution granting the consent of the
Congress to amendments made by Maryland, Virginia, and the
District of Columbia to the Washington Metropolitan Area
Transit Regulation Compact.
On October 18, 1996:
H.R. 3219. An Act to provide Federal assistance for Indian
Tribes in a manner that recognizes the right of tribal self-
governance, and for other purposes.
H.R. 3452. An Act to make certain laws applicable to the
Executive Office of the President, and for other purposes.
H.R. 4283. An Act to provide for ballast water management
to prevent the introduction and spread of nonindigenous
species into the waters of the United States, and for other
purposes.
para.122.36 bills and joint resolutions approved by the president
The President, subsequent to the sine die adjournment of the Congress,
notified the Clerk of the House that on the following dates he had
approved and signed bills and joint resolutions of the following titles:
On August 13, 1996:
H.R. 1975. An Act to improve the management of royalties
from Federal and Outer Continental Shelf oil and gas leases,
and for other purposes.
On August 20, 1996:
H.R. 2739. An Act to provide for a representational
allowance for Members of the House of Representatives, to
make technical and conforming changes to sundry provisions of
law in consequence of administrative reforms in the House of
Representatives, and for other purposes.
H.R. 3139. An Act to redesignate the United States Post
Office building located at 245 Centereach Mall on Middle
Country Road in Centereach, New York, as the ``Rose Y.
Caracappa United States Post Office Building''.
H.R. 3448. An Act to provide tax relief for small
businesses, to protect jobs, to create opportunities, to
increase the take home pay of workers, to amend the Portal-
to-Portal Act of 1947 relating to the payment of wages to
employees who use employer owned vehi
[[Page 2734]]
cles, and to amend the Fair Labor Standard Act of 1938 to
increase the minimum wage rate and to prevent job loss by
providing flexibility to employers in complying with minimum
wage and overtime requirements under that Act.
H.R. 3834. An Act to redesignate the Dunning Post Office in
Chicago, Illinois, as the ``Roger P. McAuliffe Post Office''.
H.R. 3870. An Act to authorize the Agency for International
Development to offer voluntary separation incentive payments
to employees of the agency.
On August 21, 1996:
H.R. 3103. An Act to amend the Internal Revenue Code of
1986 to improve portability and continuity of health
insurance coverage in the group and individual markets, to
combat waste, fraud, and abuse in health insurance and health
care delivery, to promote the use of medical savings
accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance
and for other purposes.
H.R. 3680. An Act to amend title 18, United States Code, to
carry out the international obligations of the United States,
under the Geneva Conventions to provide criminal penalties
for certain war crimes.
On August 22, 1996:
H.R. 3734. An Act to provide for reconciliation pursuant to
section 201(a)(1) of the concurrent resolution on the budget
for fiscal year 1997.
On September 9, 1996:
H.R. 3845. An Act making appropriations for the government
of the District of Columbia and other activities chargeable
in whole or in part against the revenues of said District for
the fiscal year ending September 30, 1997, and for other
purposes.
On September 16, 1996:
H.R. 3269. An Act to amend the Impact Aid program to
provide for a hold-harmless with respect to amounts for
payments relating to the Federal acquisition of real
property, and for other purposes.
H.R. 3517. An Act making appropriations for military
construction, family housing, and base realignment and
closure for the Department of defense for the fiscal year
ending September 30, 1997, and for other purposes.
H.R. 3754. An Act making appropriations for the Legislative
Branch for the fiscal year ending September 30, 1997, and for
other purposes.
On September 18, 1996:
H.R. 740. An Act to confer jurisdiction on the United
States Court of Federal Claims with respect to land claims of
Pueblo of Isleta Indian Tribe.
On September 21, 1996:
H.R. 3396. An Act to define and protect the institution of
marriage.
On September 22, 1996:
H.R. 4018. An Act to make technical corrections in the
Federal Oil and Gas Royalty Management Act of 1982.
On September 23, 1996:
H.R. 3230. An Act to authorize appropriations for fiscal
year 1997 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
On September 25, 1996:
H.R. 1642. An Act to extend nondiscriminatory treatment
(most-favored-nation treatment) to the products of Cambodia,
and for other purposes.
On September 26, 1996:
H.R. 3666. An Act making appropriations for the Departments
of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.
On September 30, 1996:
H.J. Res. 197. Joint resolution waiving certain enrollment
requirements with respect to any bill or joint resolution of
the One Hundred Fourth Congress making general or continuing
appropriations for the fiscal year 1997.
H.R. 3610. An Act making omnibus consolidated
appropriations for the fiscal year ending September 30, 1997,
and for other purposes.
H.R. 3675. An Act making appropriations for the Department
of Transportation and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.
H.R. 3816. An Act making appropriations for energy and
water development for the fiscal year ending September 30,
1997, and for other purposes.
On October 1, 1996:
H.J. Res. 191. Joint resolution to confer honorary
citizenship of the United States on Agnes Gonxha Bojaxhiu,
also known as Mother Teresa.
H.R. 1772. An Act to authorize the Secretary of the
Interior to acquire certain interests in the Waihee Marsh for
inclusion in the Oahu National Wildlife Refuge Complex.
H.R. 2428. An Act to encourage the donation of food and
grocery products to nonprofit organizations for distribution
to needy individuals by giving the Model Good Samaritan Food
Donation Act the full force and effect of law.
H.R. 2464. An Act to amend Public Law 103-93 to provide
additional lands within the State of Utah for the Goshute
Indian Reservation, and for other purposes.
H.R. 2512. An Act to provide for certain benefits of the
Pick-Sloan Missouri River basin program to the Crow Creek
Sioux Tribe, and for other purposes.
H.R. 2679. An Act to revise the boundary of the North
Platte National Wildlife Refuge, to expand the Pettaquamscutt
Cove National Wildlife Refuge, and for other purposes.
H.R. 2982. An Act to direct the Secretary of the Interior
to convey the Carbon Hill National Fish Hatchery to the State
of Alabama.
H.R. 3120. An Act to amend title 18, United States Code,
with respect to witness retaliation, witness tampering and
jury tampering.
H.R. 3287. An Act to direct the Secretary of the Interior
to convey the Crawford National Fish Hatchery to the city of
Crawford, Nebraska.
H.R. 3553. An Act to amend the Federal Trade Commission Act
to authorize appropriations for the Federal Trade Commission.
H.R. 3676. An Act to amend title 18, United States Code, to
clarify the intent of Congress with respect to the Federal
carjacking prohibition.
On October 2, 1996:
H.R. 2366. An Act to repeal an unnecessary medical device
reporting requirement.
H.R. 2504. An Act to designate the Federal Building located
at the corner of Patton Avenue and Otis Street, and the
United States courthouse located on Otis Street, in
Asheville, North Carolina, as the ``Veach-Baley Federal
Complex''.
H.R. 2685. An Act to repeal the Medicare and Medicaid
Coverage Data Bank.
H.R. 3060. An Act to implement the Protocol on
Environmental Protection to the Antarctic Treaty.
H.R. 3074. An Act to amend the United States-Israel Free
Trade Area Implementation Act of 1985 to provide the
President with additional proclamation authority with respect
to articles of the West Bank or Gaza Strip or a qualifying
industrial zone.
H.R. 3186. An Act to designate the Federal building at 1655
Woodson Road in Overland, Missouri, as the ``Sammy L. Davis
Federal Building''.
H.R. 3400. An Act to designate the Federal building and
United States courthouse to be constructed at a site on 18th
Street between Dodge and Douglas Streets in Omaha, Nebraska,
as the ``Roman L. Hruska Federal Building and United States
Courthouse''.
H.R. 3710. An Act to designate the United States courthouse
under construction at 611 North Florida Avenue in Tampa,
Florida, as the ``Sam M. Gibbons United States Courthouse''.
H.R. 3802. An Act to amend section 552 of title 5, United
States Code, popularly known as the Freedom of Information
Act, to provide for public access to information in an
electronic format, and for other purposes.
On October 8, 1996:
H.R. 1350. An Act to amend the Merchant Marine Act, 1936 to
revitalize the United States-flag merchant marine, and for
other purposes.
H.R. 3056. An Act to permit a county-operated health
insuring organization to qualify as an organization exempt
from certain requirements otherwise applicable to health
insuring organizations under the Medicaid program
notwithstanding that the organization enrolls Medicaid
beneficiaries residing in another county.
On October 9, 1996:
H.R. 657. An Act to extend the deadline under the Federal
Power Act applicable to the construction of three
hydroelectric projects in the State of Arkansas.
H.R. 680. An Act to extend the time for construction of
certain FERC licensed hydro projects.
H.R. 1011. An Act to extend deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in the State of Ohio.
H.R. 1014. An Act to authorize extension of time limitation
for a FERC-issued hydroelectric license.
H.R. 1031. An Act for the relief of Oscar Salas-Velazquez.
H.R. 1290. An Act to reinstate the permit for, and extend
the deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Oregon, and for
other purposes.
H.R. 1335. An Act to provide for the extension of a
hydroelectric project located in the State of West Virginia.
H.R. 1366. An Act to authorize the extension of time
limitation for the FERC-issued hydroelectric license for the
Mt. Hope Waterpower Project.
H.R. 1791. An Act to amend title XIX of the Social Security
Act to make certain technical corrections relating to
physicians' services.
H.R. 2501. An Act to extend the deadline under the Federal
Power Act applicable to the construction of a hydroelectric
project in Kentucky, and for other purposes.
H.R. 2508. An Act to amend the Federal Food, Drug, and
Cosmetic Act to provide for improvements in the process of
approving and using animal drugs, and for other purposes.
H.R. 2594. An Act to amend the Railroad Unemployment
Insurance Act to reduce the waiting period for benefits
payable under that Act, and for other purposes.
H.R. 2630. An Act to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Illinois.
H.R. 2660. An Act to increase the amount authorized to be
appropriated to the Department of the Interior for the Tensas
River National Wildlife Refuge, and for other purposes.
H.R. 2695. An Act to extend the deadline under the Federal
Power Act applicable to the construction of certain
hydroelectric projects in the State of Pennsylvania.
H.R. 2700. An Act to designate the building located at 8302
FM 327, Elmendorf, Texas, which houses operations of the
United States Postal Service, as the ``Amos F. Longoria Post
Office Building''.
[[Page 2735]]
H.R. 2773. An Act to extend the deadline under the Federal
Power Act applicable to the construction of 2 hydroelectric
projects in North Carolina, and for other purposes.
H.R. 2816. An Act to reinstate the license for, and extend
the deadline under the Federal Power Act applicable to the
construction of, a hydroelectric project in Ohio, and for
other purposes.
H.R. 2869. An Act to extend the deadline for commencement
of construction of a hydroelectric project in the State of
Kentucky.
H.R. 2967. An Act to extend the authorization of the
Uranium Mill Tailings Radiation Control Act of 1978, and for
other purposes.
H.R. 2988. An Act to amend the Clean Air Act to provide
that traffic signal synchronization projects are exempt from
certain requirements of Environmental Protection Agency
Rules.
H.R. 3068. An Act to accept the request of the Prairie
Island Indian Community to revoke their charter of
incorporation issued under the Indian Reorganization Act.
H.R. 3118. An Act to amend title 38, United States Code, to
reform eligibility for health care provided by the Department
of Veterans Affairs, to authorize major medical facility
construction projects for the Department, to improve
administration of health care by the Department, and for
other purposes.
H.R. 3458. An Act to increase, effective as of December 1,
1996, the rates of disability compensation for veterans with
service-connected disabilities and the rates of dependency
and indemnity compensation for survivors of certain service-
connected disabled veterans, and for other purposes.
H.R. 3539. An Act to amend title 49, United States Code, to
reauthorize programs of the Federal Aviation Administration,
and for other purposes.
H.R. 3546. An Act to direct the Secretary of the Interior
to convey the Walhalla National Fish Hatchery to the State of
South Carolina, and for other purposes.
H.R. 3660. An Act to make amendments to the Reclamation
Wastewater and Groundwater Study and Facilities Act, and for
other purposes.
H.R. 3871. An Act to waive temporarily the Medicaid
enrollment composition rule for certain health maintenance
organizations.
H.R. 3877. An Act to designate the United States Post
Office building located at 351 West Washington Street in
Camden, Arkansas, as the ``David H. Pryor Post Office
Building''.
H.R. 3916. An Act to make available certain Voice of
America and Radio Marti multilingual computer readable text
and voice recordings.
H.R. 3973. An Act to provide for a study of the
recommendations of the Joint Federal-State Commission on
Policies and Programs Affecting Alaska Natives.
H.R. 4138. An Act to authorize the hydrogen research,
development, and demonstration programs of the Department of
Energy, and for other purposes.
H.R. 4167. An Act to provide for the safety of journeymen
boxers, and for other purposes.
H.R. 4168. An Act to amend the Helium Act to authorize the
Secretary to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands, and for
other purposes.
October 11, 1996:
H.J. Res. 198. Joint resolution appointing the day for the
convening of the first session of the One Hundred Fifth
Congress and the day for the counting in Congress of the
electoral votes for President and Vice President cast in
December 1996.
H.R. 543. An Act to reauthorize the National Marine
Sanctuaries Act, and for other purposes.
H.R. 1514. An Act to authorize and facilitate a program to
enhance safety, training, research and development, and
safety education in the propane gas industry for the benefits
of propane consumers and the public, and for other purposes.
H.R. 1734. An Act to reauthorize the National Film
Preservation Board, and for other purposes.
H.R. 1823. An Act to amend the Central Utah Project
Completion Act to direct the Secretary of the Interior to
allow for prepayment of repayment contracts between the
United States and the Central Utah Water Conservancy District
dated December 28, 1965, and November 26, 1985, and for other
purposes.
H.R. 2297. An Act to codify without substantive change laws
related to transportation and to improve the United States
Code.
H.R. 2579. An Act to establish the National Tourism Board
and the National Tourism Organization to promote
international travel and tourism to the United States.
H.R. 3005. An Act to amend the Federal securities laws in
order to promote efficiency and capital formation in the
financial markets, and to amend the Investment Company Act of
1940 to promote more efficient management of mutual funds,
protect investors, and provide more effective and less
burdensome regulation.
H.R. 3159. An Act to amend title 49, United States Code, to
authorize appropriations for fiscal years 1997, 1998, and
1999 for the National Transportation Safety Board, and for
other purposes.
H.R. 3166. An Act to amend title 18, United States Code,
with respect to the crime of false statement in a Government
matter.
H.R. 3259. An Act to authorize appropriations for fiscal
year 1997 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
H.R. 3723. An Act to amend title 18, United States Code, to
protect proprietary economic information, and for other
purposes.
H.R. 3815. An Act to make technical corrections and
miscellaneous amendments to trade laws.
On October 13, 1996:
H.R. 4137. An Act to combat drug-facilitated crimes of
violence, including sexual assaults.
On October 14, 1996:
H.R. 4083. An Act to extend certain programs under the
Energy Policy and Conservation Act through September 30,
1997.
On October 19, 1996:
H.J. Res. 193. Joint resolution granting the consent of
Congress to the Emergency Management assistance Compact.
H.J. Res. 194. Joint resolution granting the consent of the
Congress to amendments made by Maryland, Virginia, and the
District of Columbia to the Washington Metropolitan Area
Transit Regulation Compact.
H.R. 632. An Act to enhance fairness in compensating owners
of patents used by the United States.
H.R. 1087. An Act to the relief of Nguyen Quy An.
H.R. 1281. An Act to express the sense of the Congress that
United States Government agencies in possession of records
about individuals who are alleged to have committed Nazi war
cries should make these records public.
H.R. 1874. An Act to modify the boundaries of the Talladega
National Forest, Alabama.
H.R. 3155. An Act to amend the Wild and Scenic Rivers Act
by designating the Wekiva River, Seminole creek, and Rock
Springs Run in the State of Florida for study and potential
addition to the National Wild and Scenic Rivers System.
H.R. 3249. An Act to authorize appropriations for a mining
institute or institutes to develop domestic technological
capabilities for the recovery of minerals from the Nation's
seabed, and for other purposes.
H.R. 3378. An Act to amend the Indian Health Care
Improvement Act to extend the demonstration program for
direct billing of Medicare, Medicaid, and other third party
payors.
H.R. 3568. An Act to designate 51.7 miles of the Clarion
River, located in Pennsylvania, as a component of the
National Wild and Scenic Rivers System.
H.R. 3632. An Act to amend title XIX of the Social Security
Act to repeal the requirement for annual resident review for
nursing facilities under the Medicaid program and to require
resident reviews for mentally ill or mentally retarded
residents when there is a significant change in physical or
mental condition.
H.R. 3864. An Act to amend laws authorizing auditing,
reporting, and other functions by the General Accounting
Office.
H.R. 3910. An Act to provide emergency drought relief to
the City of Corpus Christi, Texas, and the Canadian River
Municipal Water Authority, Texas, and for other purposes.
H.R. 4036. An Act making certain provisions with respect to
internationally recognized human rights, refugees, and
foreign relations.
H.R. 4194. An Act to reauthorize alternative means of
dispute resolution in the Federal administrative process, and
for other purposes.
October 20, 1996:
H.R. 1776. An Act to establish United States commemorative
coin programs, and for other purposes.
October 26, 1996:
H.R. 3219. An Act to provide Federal assistance for Indian
tribe in a manner that recognizes the right of tribal self-
governance, and for other purposes.
H.R. 3452. An Act to make certain laws applicable to the
Executive Office of the President, and for other purposes.
H.R. 4283. An Act to provide for ballast water management
to prevent the introduction and spread of nonindigenous
species into the waters of the United States, and for other
purposes.
November 12, 1996:
H.R. 4236. An Act to provide for the administration of
certain Presidio properties at minimal cost to the Federal
taxpayer, and for other purposes.
para.122.37 senate bills and joint resolutions approved by the
president
The President, subsequent to the sine die adjournment of the Congress,
notified the Clerk of the House that on the following dates he had
approved and signed bills and joint resolutions of the Senate of the
following titles:
On August 6, 1996:
S. 531. An Act to authorize a circuit judge who has taken
part in an in banc hearing of a case to continue to
participate in that case after taking senior status, and for
other purposes.
S. 1316. An Act to reauthorize and amend title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes.
S. 1757. An Act to amend the Development Disabilities
Assistance and Bill of Rights Act to extend the Act, and for
other purposes.
S.J. Res. 20. Joint resolution granting the consent of
Congress to the compact to provide for joint natural resource
management and enforcement of laws and regulations pertaining
to natural resources and boating at the Jennings Randolph
Lake Project lying in
[[Page 2736]]
Garrett County, Maryland and Mineral County, West Virginia,
entered into between the States of West Virginia and
Maryland.
On September 24, 1996:
S. 1669. An Act to name the Department of Veterans Affairs
medical center in Jackson, Mississippi, as the ``G.V. (Sonny)
Montgomery Department of Veterans Affairs Medical Center''.
On October 1, 1996:
S. 533. An Act to clarify the rules governing removal of
cases to Federal court, and for other purposes.
S. 677. An Act to repeal a redundant venue provision, and
for other purposes.
S. 1636. An Act to designate the United States Courthouse
under construction at 1030 Southwest 3rd Avenue, Portland,
Oregon, as the ``Mark O. Hatfield United States Courthouse'',
and for other purposes.
S. 1995. An Act to authorize construction of the
Smithsonian Institution National Air and Space Museum Dulles
Center at Washington Dulles International Airport, and for
other purposes.
On October 2, 1996:
S. 1507. An Act to provide for the extension of the Parole
Commission to oversee cases of prisoners sentenced under
prior law, to reduce the size of the Parole Commission, and
for other purposes.
S. 1834. An Act to reauthorize the Indian Environmental
General Assistance Program Act of 1992, and for other
purposes.
On October 3, 1996:
S. 919. An Act to modify and reauthorize the Child Abuse
Prevention and Treatment Act, and for other purposes.
S. 1675. An Act to provide for the nationwide tracking of
convicted sexual predators, and for other purposes.
S. 1965. An Act to prevent the illegal manufacturing and
use of methamphetamine.
S. 2101. An Act to provide educational assistance to the
dependents of Federal law enforcement officials who are
killed or disabled in the performance of their duties.
On October 9, 1996:
S. 1577. An Act to authorize appropriations for the
National Historical Publications and Records Commission for
fiscal years 1998, 1999, 2000, and 2001.
S. 1711. An Act to amend title 38, United States Code, to
improve the benefits programs administered by the Secretary
of Veterans Affairs, to provide for a study of the Federal
programs for veterans, and for other purposes.
S. 1802. An Act to direct the Secretary of the Interior to
convey certain property containing a fish and wildlife
facility to the State of Wyoming, and for other purposes.
S. 1931. An Act to provide that the United States Post
Office and Courthouse building located at 9 East Broad
Street, Cookeville, Tennessee, shall be known and designated
as the ``L. Clure Morton United States Post Office and
Courthouse''.
S. 1970. An Act to amend the National Museum of the
American Indian Act to make improvements in the Act, and for
other purposes.
S. 2085. An Act to authorize the Capitol Guide Service to
accept voluntary services.
S. 2100. An Act to provide for the extension of certain
authority for the Marshal of the Supreme Court and the
Supreme Court Police.
S. 2153. An Act to designate the United States Post Office
building located in Brewer, Maine, as the ``Joshua Lawrence
Chamberlain Post Office Building'', and for other purposes.
S.J. Res. 64. Joint resolution to commend Operation Sail
for its advancement of brotherhood among nations, its
continuing commemoration of the history of the United States,
and its nurturing of young cadets through training in
seamanship.
On October 11, 1996:
S. 39. An Act to amend the Magnuson Fishery Conservation
and Management Act to authorize appropriations, to provide
for sustainable fisheries, and for other purposes.
S. 811. An Act to authorize the Secretary of the Interior
to conduct studies regarding the desalination of water and
water reuse, and for other purposes.
S. 1044. An Act to amend title III of the Public Health
Service Act to consolidate and reauthorize provisions
relating to health centers, and for other purposes.
S. 1467. An Act to authorize the construction of the Fort
Peck Rural County Water Supply System, to authorize
assistance to the Fort Peck Rural County Water District,
Inc., a nonprofit corporation, for the planning, design, and
construction of the water supply system, and for other
purposes.
S. 1973. An Act to provide for the settlement of the
Navajo-Hopi land dispute, and for other purposes.
S. 2197. An Act to extend the authorized period of stay
within the United States for certain nurses.
On October 12, 1996:
S. 640. An Act to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes.
S. 1505. An Act to reduce risk to public safety and the
environment associated with pipeline transportation of
natural gas and hazardous liquids, and for other purposes.
On October 14, 1996:
S. 2078. An Act to authorize the sale of excess Department
of Defense aircraft to facilitate the suppression of
wildfire.
On October 19, 1996:
S. 342. An Act to establish the Cache La Poudre River
Corridor.
S. 1004. An Act to authorize appropriations for the United
States Coast Guard, and for other purposes.
S. 1194. An Act to promote the research, identification,
assessment, and exploration of marine mineral resources, and
for other purposes.
S. 1649. An Act to extend contracts between the Bureau of
Reclamation and irrigation districts in Kansas and Nebraska,
and for other purposes.
S. 1887. An Act to make improvements in the operation and
administration of the Federal courts, and for other purposes.
S. 2183. An Act to make technical corrections to the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996.
S. 2198. An Act to provide for the Advisory Commission on
Intergovernmental Relations to continue in existence, and for
other purposes.
para.122.38 reports of committees
Under clause 2 of rule XIII, the following reports were filed on the
following dates, with the Clerk for printing and reference as report of
the Second Session of the One Hundred Fourth Congress:
[Pursuant to the order of the House on September 28, 1996 the following
report was filed on October 11, 1996:]
Mr. YOUNG of Alaska: Committee on Resources. H.R. 2041. A
bill to amend the Organic Act of Guam to provide restitution
to the people of Guam who suffered atrocities such as
personal injury, forced labor, forced marches, internment,
and death during the occupation of Guam in World War II, and
for other purposes, with an amendment (Rept. 104-867 Pt. 1).
Ordered to be printed.
[Submitted November 26, 1996]
Mr. SOLOMON: Committee on Rules. Survey of activities of
the House Committee on Rules, 104th Congress (Rept. 104-868).
Referred to the Committee of the Whole House on the State of
the Union.
[Submitted December 18, 1996]
Mr. STUMP: Committee on Veterans' Affairs. Activities of
the Committee on Veterans' Affairs for the 104th Congress
(Rept. 104-869). Referred to the Committee of the Whole House
on the State of the Union.
[Submitted December 19, 1996]
Mr. LIVINGSTON: Committee on Appropriations. Report on
activities of the Committee on Appropriations during the
104th Congress (Rept. 104-870). Referred to the Committee of
the Whole House on the State of the Union.
[Submitted December 20, 1996]
Mr. SHUSTER: Committee on Transportation and
Infrastructure. Summary of legislative and oversight
activities of the Committee on Transportation and
Infrastructure for the 104th Congress (Rept. 104-871).
Referred to the Committee of the Whole House on the State of
the Union.
[Submitted December 31, 1996]
Mr. ARCHER: Committee on Ways and Means. Report on
legislative and oversight activity of the Committee on Ways
and Means for the 104th Congress (Rept. 104-872). Referred to
the Committee of the Whole House on the State of the Union.
[Submitted January 2, 1997]
Mrs. MEYERS: Committee on Small Business. Report of the
summary of activities of the Committee on Small Business
during the 104th Congress (Rept. 104-873). Referred to the
Committee of the Whole House on the State of the Union.
Mr. CLINGER: Committee on Government Reform and Oversight.
Report on the activities of the Committee on Government
Reform and Oversight during the 104th Congress (Rept. 104-
874). Referred to the Committee of the Whole House on the
State of the Union.
Mr. GOODLING: Committee on Economic and Educational
Opportunities. Report on the activities of the Committee on
Economic and Educational Opportunities during the 104th
Congress (Rept. 104-875). Referred to the Committee of the
Whole House on the State of the Union.
Mrs. JOHNSON of Connecticut: Committee on Standards of
Official Conduct. Report in the matter of Representative
Barbara-Rose Collins (Rept. 104-876). Referred to the House
Calendar.
Mr. LEACH: Committee on Banking and Financial Services.
Report on the activities of the Committee on Banking and
Financial Services during the 104th Congress (Rept. 104-877).
Referred to the Committee of the Whole House on the State of
the Union.
Mr. YOUNG of Alaska: Committee on Resources. Report on
legislative and oversight activities of the Committee on
Resources during the 104th Congress (Rept. 104-878). Referred
to the Committee of the Whole House on the State of the
Union.
Mr. HYDE: Committee on the Judiciary. Report on the
activities of the Committee on the Judiciary during the 104th
Congress (Rept. 104-879). Referred to the Committee of the
Whole House on the State of the Union.
Mr. KASICH: Committee on the Budget. Activities and summary
report of the Committee on the Budget during the 104th
Congress (Rept. 104-880). Referred to the Committee of the
Whole House on the State of the Union.
Mr. ROBERTS: Committee on Agriculture. Report on the
activities of the Committee on Agriculture during the 104th
Congress (Rept.
[[Page 2737]]
104-881). Referred to the Committee of the Whole House on the
State of the Union.
Mr. BLILEY: Committee on Commerce. Report on the activity
of the Committee on Commerce during the 104th Congress (Rept.
104-882). Referred to the Committee of the Whole House on the
State of the Union.
Mr. GILMAN: Committee on International Relations.
Legislative review activities report of the Committee on
International Relations during the 104th Congress (Rept. 104-
883). Referred to the Committee of the Whole House on the
State of the Union.
Mr. SPENCE: Committee on National Security. Report of the
activities of the Committee on National Security during the
104th Congress (Rept. 104-884). Referred to the Committee of
the Whole House on the State of the Union.
Mr. THOMAS: Committee on House Oversight. Report of the
activities of the Committee on House Oversight during the
104th Congress (Rept. 104-885). Referred to the Committee of
the Whole House on the State of the Union.
Mrs. JOHNSON of Connecticut: Committee on Standards of
Official Conduct. Report of the activities of the Committee
on Standards of Official Conduct during the 104th Congress
(Rept. 104-886). Referred to the Committee of the Whole House
on the State of the Union.
Mr. WALKER: Committee on Science. Summary of activities of
the Committee on Science during the 104th Congress (Rept.
104-887). Referred to the Committee of the Whole House on the
State of the Union.
para.122.39 subsequent action on bills initially referred under time
limitaiton
Under clause 5 of rule X, the following action was taken by the
Speaker following sine die adjournment on the following date:
[The following action occurred on October 11, 1996]
H.R. 2041. Referral to the Committee on International
Relations extended for a period ending not later than October
11, 1996. Referral to the Committee on the Judiciary extended
for a period ending not later than October 31, 1996.
para.122.40 committee discharged
Under clause 5 of rule X, the following action was taken by the
Speaker following sine die adjournment on the following date:
[The following action occurred on October 11, 1996]
H.R. 2041. The Committee on International Relations
discharged from further consideration.
RULES OF THE HOUSE OF REPRESENTATIVES
----------------------
ONE HUNDRED FOURTH CONGRESS
[[Page 2739]]
Rule I
duties of the speaker
1. The Speaker shall take the Chair on every legislative day precisely
at the hour to which the House shall have adjourned at the last sitting
and immediately call the Members to order. The Speaker, having examined
the Journal of the proceedings of the last day's sitting and approved
the same, shall announce to the House his approval of the Journal, and
the Speaker's approval of the Journal shall be deemed to be agreed to
subject to a vote on agreeing to the Speaker's approval on the demand of
any Member, which vote, if decided in the affirmative, shall not be
subject to a motion to reconsider. It shall be in order to offer one
motion that the Journal be read only if the Speaker's approval of the
Journal is not agreed to, and such motion shall be determined without
debate and shall not be subject to a motion to reconsider.
2. He shall preserve order and decorum, and, in case of disturbance or
disorderly conduct in the galleries, or in the lobby, may cause the same
to be cleared.
3. He shall have general control, except as provided by rule or law,
of the Hall of the House, and of the corridors and passages and the
disposal of the unappropriated rooms in that part of the Capitol
assigned to the use of the House, until further order.
4. He shall sign all acts, addresses, joint resolutions, writs,
warrants, and subpoenas of, or issued by order of, the House and decide
all questions of order, subject to an appeal by any Member, on which
appeal no Member shall speak more than once, unless by permission of the
House. The Speaker is authorized to sign enrolled bills whether or not
the House is in session.
5. (a) He shall rise to put a question, but may state it sitting; and
shall put questions in this form, to wit: ``As many as are in favor (as
the question may be), say `Aye'.''; and after the affirmative voice is
expressed, ``As many as are opposed, say `No'.''; if he doubts, or a
division is called for, the House shall divide; those in the affirmative
of the question shall first rise from their seats, and then those in the
negative. If any Member requests a recorded vote and that request is
supported by at least one-fifth of a quorum, such vote shall be taken by
electronic device, unless the Speaker in his discretion orders clerks to
tell the names of those voting on each side of the question, and such
names shall be recorded by electronic device or by clerks, as the case
may be, and shall be entered in the Journal together with the names of
those not voting. Members shall have not less than fifteen minutes to be
counted from the ordering of the recorded vote or the ordering of clerks
to tell the vote.
(b)(1) On any legislative day whenever a recorded vote is ordered or
the yeas and nays are ordered, or a vote is objected to under clause 4
of rule XV on any of the following questions, the Speaker may, in his
discretion, postpone further proceedings on each such question to a
designated time or place in the legislative schedule on that legislative
day in the case of the question of agreeing to the Speaker's approval of
the Journal, or within two legislative days, in the case of the other
questions listed herein:
(A) the question of adopting a resolution;
(B) the question of passing a bill;
(C) the question of agreeing to a motion to instruct conferees as
provided in clause 1(c) of rule XXVIII: Provided, however, That
proceedings shall not resume on said question if the conferees have
filed a report in the House;
(D) the question of agreeing to a conference report;
(E) the question of ordering the previous question on a question
described in subdivision (A), (B), (C), or (D); and
(F) the question of agreeing to a motion to suspend the rules.
(2) At the time designated by the Speaker for further consideration of
proceedings postponed under subparagraph (1), the Speaker shall put each
question on which further proceedings were postponed, in the order in
which that question was considered.
(3) At any time after the vote has been taken on the first question on
which the Speaker has postponed further proceedings under this
paragraph, the Speaker may, in his discretion, reduce to not less than
five minutes the period of time within which a roll call vote by
electronic device on the question may be taken without any intervening
business on any or all of the additional questions on which the Speaker
has postponed further proceedings under this paragraph.
(4) If the House adjourns before all of the questions on which further
proceedings were postponed under this paragraph have been put and
determined, then, on the next following legislative day the unfinished
business shall be the disposition of all such questions, previously
undisposed of, in the order in which the questions were considered.
6. He shall not be required to vote in ordinary legislative
proceedings, except where his vote would be decisive, or where the House
is engaged in voting by ballot; and in cases of a tie vote the question
shall be lost.
7. (a) He shall have the right to name any Member to perform the
duties of the Chair, but such substitution shall not extend beyond three
legislative days, except that with the permission of the House he may
name a Member to act as Speaker pro tempore only to sign enrolled bills
and joint resolutions for a period of time specified in the designation,
notwithstanding any other provision of this clause: Provided, however,
That in case of his illness, he may make such appointment for a period
not exceeding ten days, with the approval of the House at the time the
same is made; and in his absence and omission to make such appointment,
the House shall proceed to elect a Speaker pro tempore to act during his
absence.
(b) No person may serve as Speaker for more than four consecutive
Congresses, beginning with the One Hundred Fourth Congress (disregarding
for this purpose any service for less than a full session in any
Congress).
8. He shall have the authority to designate any Member, officer or
employee of the House of Representatives to travel on the business of
the House of Representatives, as determined by him, within or without
the United States, whether the House is meeting, has recessed or has
adjourned, and all expenses for such travel may be paid for from the
contingent fund of the House on vouchers solely approved and signed by
the Speaker. However, expenses may not be paid from the contingent fund
for travel of a Member after the date of the general election of Members
in which the Member has not been elected to the succeeding Congress, or
in the case of a Member who is not a candidate in such general election,
the earlier of the date of such general election or the adjournment sine
die of the last regular session of the Congress.
9. (a) He shall devise and implement a system subject to his direction
and control for closed circuit viewing of floor proceedings of the House
of Representatives in the offices of all Members and committees and in
such other places in the Capitol and the House Of
[[Page 2740]]
fice Buildings as he deems appropriate. Such system may include other
telecommunications functions as he deems appropriate. Any such
telecommunications function shall be subject to rules and regulations
issued by the Speaker.
(b)(1) He shall devise and implement a system subject to his direction
and control for complete and unedited audio and visual broadcasting and
recording of the proceedings of the House of Representatives. He shall
provide for the distribution of such broadcasts and recordings thereof
to news media, the storage of audio and video recordings of the
proceedings, and the closed captioning of the proceedings for hearing-
impaired individuals.
(2) All television and radio broadcasting stations, networks,
services, and systems (including cable systems) which are accredited to
the House radio and television correspondents' galleries, and all radio
and television correspondents who are accredited to the radio and
television correspondents' galleries shall be provided access to the
live coverage of the House of Representatives.
(3) No coverage made available under this clause nor any recording
thereof shall be used for any political purpose.
(4) Coverage made available under this clause shall not be broadcast
with commercial sponsorship except as part of bona fide news programs
and public affairs documentary programs. No part of such coverage or any
recording thereof shall be used in any commercial advertisement.
(c) He may delegate any of his responsibilities under this clause to
such legislative entity as he deems appropriate.
10. There is established in the House of Representatives an office to
be known as the Office of the Historian of the House of Representatives.
11. There is established in the House of Representatives an office to
be known as the Office of General Counsel for the purpose of providing
legal assistance and representation to the House. Legal assistance and
representation shall be provided without regard to political
affiliation. The Office of General Counsel shall function pursuant to
the direction of the Speaker, who shall consult with a Bipartisan Legal
Advisory Group, which shall include the majority and minority
leaderships. The Speaker shall appoint and set the annual rate of pay
for employees of the Office of General Counsel.
12. To suspend the business of the House for a short time when no
question is pending before the House, the Speaker may declare a recess
subject to the call of the Chair.
Rule II
election of officers
There shall be elected by a viva voce vote, at the commencement of
each Congress, to continue in office until their successors are chosen
and qualified, a Clerk, Sergeant-at-Arms, Chief Administrative Officer,
and Chaplain, each of whom shall take an oath to support the
Constitution of the United States, and for the true and faithful
discharge of the duties of his office to the best of his knowledge and
ability, and to keep the secrets of the House; and each shall appoint
all of the employees of his department provided for by law. The Clerk,
Sergeant-at-Arms, and Chief Administrative Officer may be removed by the
House or by the Speaker.
Rule III
duties of the clerk
1. The Clerk shall, at the commencement of the first session of each
Congress, call the Members to order, proceed to call the roll of Members
by States in alphabetical order, and, pending the election of a Speaker
or Speaker pro tempore, preserve order and decorum, and decide all
questions of order subject to appeal by any Member.
2. He shall make and cause to be printed and delivered to each Member,
or mailed to his address, at the commencement of every regular session
of Congress, a list of the reports which it is the duty of any officer
or Department to make to Congress, referring to the act or resolution
and page of the volume of the laws or Journal in which it may be
contained, and placing under the name of each officer the list of
reports required of him to be made.
3. He shall note all questions of order, with the decisions thereon,
the record of which shall be printed as an appendix to the Journal of
each session; and complete, as soon after the close of the session as
possible, the printing and distribution to Members, Delegates, and the
Resident Commissioner from Puerto Rico of the Journal of the House,
together with an accurate and complete index; retain in the library at
his office, for the use of the Members, Delegates, the Resident
Commissioner from Puerto Rico and officers of the House, and not to be
withdrawn therefrom, two copies of all the books and printed documents
deposited there; send, at the end of each session, a printed copy of the
Journal thereof to the executive and to each branch of the legislature
of every State as may be requested by such State officials; deliver or
mail to any Member, Delegate, or the Resident Commissioner from Puerto
Rico an extra copy, in binding of good quality, of each document
requested by that Member, Delegate, or the Resident Commissioner which
has been printed, by order of either House of the Congress, in any
Congress in which he served; attest and affix the seal of the House to
all writs, warrants, and subpoenas issued by order of the House; and
certify to the passage of all bills and joint resolutions.
4. He shall, in case of temporary absence or disability, designate an
official in his office to sign all papers that may require the official
signature of the Clerk of the House, and to do all other acts except
such as are provided for by statute, they may be required under the
rules and practices of the House to be done by the Clerk. Such official
acts, when so done by the designated official, shall be under the name
of the Clerk of the House. The said designation shall be in writing, and
shall be laid before the House and entered on the Journal.
5. The Clerk is authorized to receive messages from the President and
from the Senate at any time that the House is not in session.
6. He shall supervise the staff and manage any office of a Member who
is deceased, has resigned, or been expelled until a successor is elected
and shall perform similar duties in the event that a vacancy is declared
by the House in any congressional district because of the incapacity of
the Member representing such district or other reason. Whenever the
Clerk is acting as a supervisory authority over such staff, he shall
have authority to terminate employees; and he may appoint, with the
approval of the Committee on House Oversight, such staff as is required
to operate the office until a successor is elected. He shall maintain on
the House payroll and supervise in the same manner staff appointed
pursuant to section 800 of Public Law 91-655 (2 U.S.C. 31b-5) for sixty
days following the death of a former Speaker.
7. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Clerk shall report to the Committee on
House Oversight not later than 45 days following the close of each
semiannual period ending on June 30 or on December 31 on the financial
and operational status of each function under the jurisdiction of the
Clerk. Each report shall include financial statements, a description or
explanation of current operations, the implementation of new policies
and procedures, and future plans for each function.
8. The Clerk shall fully cooperate with the appropriate offices and
persons in the performance of reviews and audits of financial records
and administrative operations.
Rule IV
duties of the sergeant-at-arms
1. It shall be the duty of the Sergeant-at-Arms to attend the House
during its sittings, to maintain order under the direction of the
Speaker or Chairman, and, pending the election of a Speaker or Speaker
pro tempore, under the direction of the Clerk, execute the commands of
the House, and all processes issued by authority thereof, directed to
him by the Speaker.
2. The symbol of his office shall be the mace, which shall be borne by
him while enforcing order on the floor.
3. He shall enforce strictly the rules relating to the privileges of
the Hall and be responsible to the House for the official conduct of his
employees.
4. He shall allow no person to enter the room over the Hall of the
House
[[Page 2741]]
during its sittings; and fifteen minutes before the hour of the meeting
of the House each day he shall see that the floor is cleared of all
persons except those privileged to remain, and kept so until ten minutes
after adjournment.
5. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Sergeant-at-Arms shall report to the
Committee on House Oversight not later than 45 days following the close
of each semiannual period ending June 30 or on December 31 on the
financial and operational status of each function under the jurisdiction
of the Sergeant-at-Arms. Each report shall include financial statements,
a description or explanation of current operations, the implementation
of new policies and procedures, and future plans for each function.
6. The Sergeant-at-Arms shall fully cooperate with the appropriate
offices and persons in the performance of reviews and audits of
financial records and administrative operations.
Rule V
chief administrative officer
1. The Chief Administrative Officer of the House shall have
operational and financial responsibility for functions as assigned by
the Speaker and the Committee on House Oversight, and shall be subject
to the policy direction and oversight of the Speaker and the Committee
on House Oversight.
2. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Chief shall report to the Committee on
House Oversight not later than 45 days following the close of each
semiannual period ending on June 30 or December 31 on the financial and
operational status of each function under the jurisdiction of the Chief.
Each report shall include financial statements, a description or
explanation of current operations, the implementation of new policies
and procedures, and future plans for each function.
3. The Chief shall fully cooperate with the appropriate offices and
persons in the performance of reviews and audits of financial records
and administrative operations.
Rule VI
office of inspector general
1. There is established an Office of Inspector General.
2. The Inspector General shall be appointed for a Congress by the
Speaker, the majority leader, and the minority leader, acting jointly.
3. Subject to the policy direction and oversight of the Committee on
House Oversight, the Inspector General shall be responsible only for--
(a) conducting periodic audits of the financial and administrative
functions of the House and joint entities;
(b) informing the Officers or other officials who are the subject of
an audit of the results of that audit and suggesting appropriate
curative actions;
(c) simultaneously notifying the Speaker, the majority leader, the
minority leader, and the chairman and ranking minority party member of
the Committee on House Oversight in the case of any financial
irregularity discovered in the course of carrying out responsibilities
under this rule;
(d) simultaneously submitting to the Speaker, the majority leader,
the minority leader, and the chairman and ranking minority party
member of the Committee on House Oversight a report of each audit
conducted under this rule; and
(e) reporting to the Committee on Standards of Official Conduct
information involving possible violations by any Member, officer, or
employee of the House of any rule of the House or of any law
applicable to the performance of official duties or the discharge of
official responsibilities which may require referral to the
appropriate Federal or State authorities pursuant to clause 4(e)(1)(C)
of rule X.
Rule VII
duties of the chaplain
The Chaplain shall attend at the commencement of each day's sitting of
the House and open the same with prayer.
Rule VIII
duties of the members
1. Every Member shall be present within the Hall of the House during
its sittings, unless excused or necessarily prevented; and shall vote on
each question put, unless he has a direct personal or pecuniary interest
in the event of such question.
2. Pairs shall be announced by the Clerk immediately before the
announcement by the Chair of the result of the vote, by the House or
Committee of the Whole from a written list furnished him, and signed by
the Member making the statement to the Clerk, which list shall be
published in the Record as a part of the proceedings, immediately
following the names of those not voting. However, pairs shall be
announced but once during the same legislative day.
3. (a) A Member may not authorize any other individual to cast his
vote or record his presence in the House or Committee of the Whole.
(b) No individual other than a Member may cast a vote or record a
Member's presence in the House or Committee of the Whole.
(c) A Member may not cast a vote for any other Member or record
another Member's presence in the House or Committee of the Whole.
Rule IX
questions of privilege
1. Questions of privilege shall be, first, those affecting the rights
of the House collectively, its safety, dignity, and the integrity of its
proceedings; and second, those affecting the rights, reputation, and
conduct of Members, individually, in their representative capacity only.
2. (a)(1) A resolution reported as a question of the privileges of the
House, or offered from the floor by the majority leader or the minority
leader as a question of the privileges of the House, or offered as
privileged under clause 1, section 7, article I of the Constitution,
shall have precedence of all other questions except motions to adjourn.
A resolution offered from the floor by a Member other than the majority
leader or the minority leader as a question of the privileges of the
House shall have precedence of all other questions except motions to
adjourn only at a time or place, designated by the Speaker, in the
legislative schedule within two legislative days after the day on which
the proponent announces to the House his intention to offer the
resolution and the form of the resolution.
(2) The time allotted for debate on a resolution offered from the
floor as a question of the privileges of the House shall be equally
divided between (A) the proponent of the resolution, and (B) the
majority leader or the minority leader or a designee, as determined by
the Speaker.
(b) A question of personal privilege shall have precedence of all
other questions except motions to adjourn.
Rule X
establishment and jurisdiction of standing committees
The Committees and Their Jurisdiction
1. There shall be in the House the following standing committees, each
of which shall have the jurisdiction and related functions assigned to
it by this clause and clauses 2, 3, and 4; and all bills, resolutions,
and other matters relating to subjects within the jurisdiction of any
standing committee as listed in this clause shall (in accordance with
and subject to clause 5) be referred to such committees, as follows:
(a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of birds and
animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization of prices
of agricultural products, and commodities (not including distribution
outside of the United States).
(8) Animal industry and diseases of animals.
(9) Commodities exchanges.
(10) Crop insurance and soil conservation.
(11) Dairy industry.
(12) Entomology and plant quarantine.
[[Page 2742]]
(13) Extension of farm credit and farm security.
(14) Inspection of livestock, and poultry, and meat products, and
seafood and seafood products.
(15) Forestry in general, and forest reserves other than those created
from the public domain.
(16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification.
(19) Rural development.
(20) Water conservation related to activities of the Department of
Agriculture.
(b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the Government.
(2) Rescissions of appropriations contained in appropriation Acts.
(3) Transfers of unexpended balances.
(4) The amount of new spending authority (as described in the
Congressional Budget Act of 1974) which is to be effective for a fiscal
year, including bills and resolutions (reported by other committees)
which provide new spending authority and are referred to the committee
under clause 4(a).
The committee shall include separate headings for ``Rescissions'' and
``Transfers of Unexpended Balances'' in any bill or resolution as
reported from the committee under its jurisdiction specified in
subparagraph (2) or (3), with all proposed rescissions and proposed
transfers listed therein; and shall include a separate section with
respect to such rescissions or transfers in the accompanying committee
report. In addition to its jurisdiction under the preceding provisions
of this paragraph, the committee shall have the fiscal oversight
function provided for in clause 2(b)(3) and the budget hearing function
provided for in clause 4(a).
(c) Committee on Banking and Financial
Services.
(1) Banks and banking, including deposit insurance and Federal
monetary policy.
(2) Bank capital markets activities generally.
(3) Depository institution securities activities generally, including
the activities of any affiliates, except for functional regulation under
applicable securities laws not involving safety and soundness.
(4) Economic stabilization, defense production, renegotiation, and
control of the price of commodities, rents, and services.
(5) Financial aid to commerce and industry (other than
transportation).
(6) International finance.
(7) International financial and monetary organizations.
(8) Money and credit, including currency and the issuance of notes and
redemption thereof; gold and silver, including the coinage thereof;
valuation and revaluation of the dollar.
(9) Public and private housing.
(10) Urban development.
(d)(1) Committee on the Budget,
consisting of the following Members:
(A) Members who are members of other standing committees, including
five Members who are members of the Committee on Appropriations, and
five Members who are members of the Committee on Ways and Means;
(B) one Member from the leadership of the majority party; and
(C) one Member from the leadership of the minority party.
No Member other than a representative from the leadership of a party may
serve as a member of the Committee on the Budget during more than four
Congresses in any period of six successive Congresses (disregarding for
this purpose any service performed as a member of such committee for
less than a full session in any Congress), except that an incumbent
chairman or ranking minority member having served on the committee for
four Congresses and having served as chairman or ranking minority member
of the committee for not more than one Congress shall be eligible for
reelection to the committee as chairman or ranking minority member for
one additional Congress.
(2) All concurrent resolutions on the budget (as defined in section 3
of the Congressional Budget Act of 1974), other matters required to be
referred to the committee under titles III and IV of that Act, and other
measures setting forth appropriate levels of budget totals for the
United States Government.
(3) Measures relating to the congressional budget process, generally.
(4) Measures relating to the establishment, extension, and enforcement
of special controls over the Federal budget, including the budgetary
treatment of off-budget Federal agencies and measures providing
exemption from reduction under any order issued under part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(5) The committee shall have the duty--
(A) to report the matters required to be reported by it under titles
III and IV of the Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on budget outlays of
relevant existing and proposed legislation and to report the results
of such studies to the House on a recurring basis;
(C) to request and evaluate continuing studies of tax expenditures;
to devise methods of coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report the results of such
studies to the House on a recurring basis; and
(D) to review, on a continuing basis, the conduct by the
Congressional Budget Office of its functions and duties.
(e) Committee on Commerce.
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities, except health care supported by
payroll deductions.
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Measures relating to the exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or renewable energy
resources.
(7) Measures relating to the conservation of energy resources.
(8) Measures relating to energy information generally.
(9) Measures relating to (A) the generation and marketing of power
(except by federally chartered or Federal regional power marketing
authorities), (B) the reliability and interstate transmission of, and
ratemaking for, all power, and (C) the siting of generation facilities;
except the installation of interconnections between Government
waterpower projects.
(10) Measures relating to general management of the Department of
Energy, and the management and all functions of the Federal Energy
Regulatory Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry, including
regulation of research and development reactors and nuclear regulatory
research.
(14) Regulation of interstate and foreign communications.
(15) Securities and exchanges.
(16) Travel and tourism.
The committee shall have the same jurisdiction with respect to
regulation of nuclear facilities and of use of nuclear energy as it has
with respect to regulation of nonnuclear facilities and of use of
nonnuclear energy. In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general oversight
functions under clause 2(b)(1)), such committee shall have the special
oversight functions provided for in clause (3)(h) with respect to all
laws, programs, and Government activities affecting nuclear and other
energy, and nonmilitary nuclear energy and research and development
including the disposal of nuclear waste.
(f) Committee on Economic and
Educational Opportunities.
(1) Child labor.
(2) Columbia Institution for the Deaf, Dumb, and Blind; Howard
University; Freedmen's Hospital.
(3) Convict labor and the entry of goods made by convicts into
interstate commerce.
(4) Food programs for children in schools.
(5) Labor standards and statistics.
[[Page 2743]]
(6) Measures relating to education or labor generally.
(7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign laborers under
contract.
(9) United States Employees' Compensation Commission.
(10) Vocational rehabilitation.
(11) Wages and hours of labor.
(12) Welfare of miners.
(13) Work incentive programs.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(c) with respect to domestic educational
programs and institutions, and programs of student assistance, which are
within the jurisdiction of other committees.
(g) Committee on Government Reform and
Oversight.
(1) The Federal Civil Service, including intergovernmental personnel;
the status of officers and employees of the United States, including
their compensation, classification, and retirement.
(2) Measures relating to the municipal affairs of the District of
Columbia in general, other than appropriations.
(3) Federal paperwork reduction.
(4) Budget and accounting measures, generally.
(5) Holidays and celebrations.
(6) The overall economy, efficiency and management of government
operations and activities, including Federal procurement.
(7) National archives.
(8) Population and demography generally, including the Census.
(9) Postal service generally, including the transportation of the
mails.
(10) Public information and records.
(11) Relationship of the Federal Government to the States and
municipalities generally.
(12) Reorganizations in the executive branch of the Government.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its oversight functions under clause
2(b) (1) and (2)), the committee shall have the function of performing
the duties and conducting the studies which are provided for in clause
4(c).
(h) Committee on House Oversight.
(1) Appropriations from accounts for committee salaries and expenses
(except for the Committee on Appropriations), House Information Systems,
and allowances and expenses of Members, House Officers and
administrative offices of the House.
(2) Auditing and settling of all accounts described in subparagraph
(1).
(3) Employment of persons by the House, including clerks for Members
and committees, and reporters of debates.
(4) Except as provided in clause 1(q)(11), matters relating to the
Library of Congress and the House Library; statuary and pictures;
acceptance or purchase of works of art for the Capitol; the Botanic
Gardens; management of the Library of Congress; purchase of books and
manuscripts.
(5) Except as provided in clause 1(q)(11), matters relating to the
Smithsonian Institution and the incorporation of similar institutions.
(6) Expenditure of accounts described in subparagraph (1).
(7) Franking Commission.
(8) Matters relating to printing and correction of the Congressional
Record.
(9) Measures relating to accounts of the House generally.
(10) Measures relating to assignment of office space for Members and
committees.
(11) Measures relating to the disposition of useless executive papers.
(12) Measures relating to the election of the President, Vice
President, or Members of Congress; corrupt practices; contested
elections; credentials and qualifications; and Federal elections
generally.
(13) Measures relating to services to the House, including the House
Restaurant, parking facilities and administration of the House Office
Buildings and of the House wing of the Capitol.
(14) Measures relating to the travel of Members of the House.
(15) Measures relating to the raising, reporting and use of campaign
contributions for candidates for office of Representative in the House
of Representatives, of Delegate, and of Resident Commissioner to the
United States from Puerto Rico.
(16) Measures relating to the compensation, retirement and other
benefits of the Members, officers, and employees of the Congress.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the function of performing the
duties which are provided for in clause 4(d).
(i) Committee on International
Relations.
(1) Relations of the United States with foreign nations generally.
(2) Acquisition of land and buildings for embassies and legations in
foreign countries.
(3) Establishment of boundary lines between the United States and
foreign nations.
(4) Export controls, including nonproliferation of nuclear technology
and nuclear hardware.
(5) Foreign loans.
(6) International commodity agreements (other than those involving
sugar), including all agreements for cooperation in the export of
nuclear technology and nuclear hardware.
(7) International conferences and congresses.
(8) International education.
(9) Intervention abroad and declarations of war.
(10) Measures relating to the diplomatic service.
(11) Measures to foster commercial intercourse with foreign nations
and to safeguard American business interests abroad.
(12) Measures relating to international economic policy.
(13) Neutrality.
(14) Protection of American citizens abroad and expatriation.
(15) The American National Red Cross.
(16) Trading with the enemy.
(17) United Nations Organizations.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight
functions provided for in clause 3(d) with respect to customs
administration, intelligence activities relating to foreign policy,
international financial and monetary organizations, and international
fishing agreements.
(j) Committee on the Judiciary.
(1) The judiciary and judicial proceedings, civil and criminal.
(2) Administrative practice and procedure.
(3) Apportionment of Representatives.
(4) Bankruptcy, mutiny, espionage, and counterfeiting.
(5) Civil liberties.
(6) Constitutional amendments.
(7) Federal courts and judges, and local courts in the Territories and
possessions.
(8) Immigration and naturalization.
(9) Interstate compacts, generally.
(10) Measures relating to claims against the United States.
(11) Meetings of Congress, attendance of Members and their acceptance
of incompatible offices.
(12) National penitentiaries.
(13) Patents, the Patent Office, copyrights, and trademarks.
(14) Presidential succession.
(15) Protection of trade and commerce against unlawful restraints and
monopolies.
(16) Revision and codification of the Statutes of the United States.
(17) State and territorial boundaries.
(18) Subversive activities affecting the internal security of the
United States.
(k) Committee on National Security.
(1) Ammunition depots; forts; arsenals; Army, Navy, and Air Force
reservations and establishments.
(2) Common defense generally.
(3) Conservation, development, and use of naval petroleum and oil
shale reserves.
(4) The Department of Defense generally, including the Departments of
the Army, Navy, and Air Force generally.
(5) Interoceanic canals generally, including measures relating to the
main
[[Page 2744]]
tenance, operation, and administration of interoceanic canals.
(6) Merchant Marine Academy, and State Maritime Academies.
(7) Military applications of nuclear energy.
(8) Tactical intelligence and intelligence related activities of the
Department of Defense.
(9) National security aspects of merchant marine, including financial
assistance for the construction and operation of vessels, the
maintenance of the U.S. shipbuilding and ship repair industrial base,
cabotage, cargo preference and merchant marine officers and seamen as
these matters relate to the national security.
(10) Pay, promotion, retirement, and other benefits and privileges of
members of the armed forces.
(11) Scientific research and development in support of the armed
services.
(12) Selective service.
(13) Size and composition of the Army, Navy, Marine Corps, and Air
Force.
(14) Soldiers' and sailors' homes.
(15) Strategic and critical materials necessary for the common
defense.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(a) with respect to international arms control
and disarmament, and military dependents education.
(l) Committee on Resources.
(1) Fisheries and wildlife, including research, restoration, refuges,
and conservation.
(2) Forest reserves and national parks created from the public domain.
(3) Forfeiture of land grants and alien ownership, including alien
ownership of mineral lands.
(4) Geological Survey.
(5) International fishing agreements.
(6) Interstate compacts relating to apportionment of waters for
irrigation purposes.
(7) Irrigation and reclamation, including water supply for reclamation
projects, and easements of public lands for irrigation projects, and
acquisition of private lands when necessary to complete irrigation
projects.
(8) Measures relating to the care and management of Indians, including
the care and allotment of Indian lands and general and special measures
relating to claims which are paid out of Indian funds.
(9) Measures relating generally to the insular possessions of the
United States, except those affecting the revenue and appropriations.
(10) Military parks and battlefields, national cemeteries administered
by the Secretary of the Interior, parks within the District of Columbia,
and the erection of monuments to the memory of individuals.
(11) Mineral land laws and claims and entries thereunder.
(12) Mineral resources of the public lands.
(13) Mining interests generally.
(14) Mining schools and experimental stations.
(15) Marine affairs (including coastal zone management), except for
measures relating to oil and other pollution of navigable waters.
(16) Oceanography.
(17) Petroleum conservation on the public lands and conservation of
the radium supply in the United States.
(18) Preservation of prehistoric ruins and objects of interest on the
public domain.
(19) Public lands generally, including entry, easements, and grazing
thereon.
(20) Relations of the United States with the Indians and the Indian
tribes.
(21) Trans-Alaska Oil Pipeline (except ratemaking).
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight
functions provided for in clause 3(e) with respect to all programs
affecting Indians.
(m) Committee on Rules.
(1) The rules and joint rules (other than rules or joint rules
relating to the Code of Official Conduct), and order of business of the
House.
(2) Recesses and final adjournments of Congress.
The Committee on Rules is authorized to sit and act whether or not the
House is in session.
(n) Committee on Science.
(1) All energy research, development, and demonstration, and projects
therefor, and all federally owned or operated nonmilitary energy
laboratories.
(2) Astronautical research and development, including resources,
personnel, equipment, and facilities.
(3) Civil aviation research and development.
(4) Environmental research and development.
(5) Marine research.
(6) Measures relating to the commercial application of energy
technology.
(7) National Institute of Standards and Technology, standardization of
weights and measures and the metric system.
(8) National Aeronautics and Space Administration.
(9) National Space Council.
(10) National Science Foundation.
(11) National Weather Service.
(12) Outer space, including exploration and control thereof.
(13) Science Scholarships.
(14) Scientific research, development, and demonstration, and projects
therefor.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(f) with respect to all nonmilitary research and
development.
(o) Committee on Small Business.
(1) Assistance to and protection of small business, including
financial aid, regulatory flexibility and paperwork reduction.
(2) Participation of small-business enterprises in Federal procurement
and Government contracts.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(g) with respect to the problems of small
business.
(p) Committee on Standards of Official
Conduct.
(1) Measures relating to the Code of Official Conduct.
In addition to its legislative jurisdiction under the preceding
provision of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the functions with respect to
recommendations, studies, investigations, and reports which are provided
for in clause 4(e), and the functions designated in titles I and V of
the Ethics in Government Act of 1978 and sections 7342, 7351, and 7353
of title 5, United States Code.
(q) Committee on Transportation and
Infrastructure.
(1) Coast Guard, including lifesaving service, lighthouses,
lightships, ocean derelicts, and the Coast Guard Academy.
(2) Federal management of emergencies and natural disasters.
(3) Flood control and improvement of rivers and harbors.
(4) Inland waterways.
(5) Inspection of merchant marine vessels, lights and signals,
lifesaving equipment, and fire protection on such vessels.
(6) Navigation and the laws relating thereto, including pilotage.
(7) Registering and licensing of vessels and small boats.
(8) Rules and international arrangements to prevent collisions at sea.
(9) Measures relating to the Capitol Building and the Senate and House
Office Buildings.
(10) Measures relating to the construction or maintenance of roads and
post roads, other than appropriations therefor; but it shall not be in
order for any bill providing general legislation in relation to roads to
contain any provision for any specific road, nor for any bill in
relation to a specific road to embrace a provision in relation to any
other specific road.
(11) Measures relating to the construction or reconstruction,
maintenance, and care of the buildings and grounds of the Botanic
Gardens, the Library of Congress, and the Smithsonian Institution.
[[Page 2745]]
(12) Measures relating to merchant marine, except for national
security aspects of merchant marine.
(13) Measures relating to the purchase of sites and construction of
post offices, customhouses, Federal courthouses, and Government
buildings within the District of Columbia.
(14) Oil and other pollution of navigable waters, including inland,
coastal, and ocean waters.
(15) Marine affairs (including coastal zone management) as they relate
to oil and other pollution of navigable waters.
(16) Public buildings and occupied or improved grounds of the United
States generally.
(17) Public works for the benefit of navigation, including bridges and
dams (other than international bridges and dams).
(18) Related transportation regulatory agencies.
(19) Roads and the safety thereof.
(20) Transportation, including civil aviation, railroads, water
transportation, transportation safety (except automobile safety),
transportation infrastructure, transportation labor, and railroad
retirement and unemployment (except revenue measures related thereto).
(21) Water power.
(r) Committee on Veterans' Affairs.
(1) Veterans' measures generally.
(2) Cemeteries of the United States in which veterans of any war or
conflict are or may be buried, whether in the United States or abroad,
except cemeteries administered by the Secretary of the Interior.
(3) Compensation, vocational rehabilitation, and education of
veterans.
(4) Life insurance issued by the Government on account of service in
the Armed Forces.
(5) Pensions of all the wars of the United States, general and
special.
(6) Readjustment of servicemen to civil life.
(7) Soldiers' and sailors' civil relief.
(8) Veterans' hospitals, medical care, and treatment of veterans.
(s) Committee on Ways and Means.
(1) Customs, collection districts, and ports of entry and delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to the insular possessions.
(5) The bonded debt of the United States (subject to the last sentence
of clause 4(g) of this rule).
(6) The deposit of public moneys.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security, except (A) health care and facilities
programs that are supported from general revenues as opposed to payroll
deductions and (B) work incentive programs.
General Oversight Responsibilities
2. (a) In order to assist the House in--
(1) its analysis, appraisal, and evaluation of (A) the application,
administration, execution, and effectiveness of the laws enacted by
the Congress, or (B) conditions and circumstances which may indicate
the necessity or desirability of enacting new or additional
legislation, and
(2) its formulation, consideration, and enactment of such
modifications of or changes in those laws, and of such additional
legislation, as may be necessary or appropriate,
the various standing committees shall have oversight responsibilities as
provided in paragraph (b).
(b)(1) Each standing committee (other than the Committee on
Appropriations and the Committee on the Budget) shall review and study,
on a continuing basis, the application, administration, execution, and
effectiveness of those laws, or parts of laws, the subject matter of
which is within the jurisdiction of that committee and the organization
and operation of the Federal agencies and entities having
responsibilities in or for the administration and execution thereof, in
order to determine whether such laws and the programs thereunder are
being implemented and carried out in accordance with the intent of the
Congress and whether such programs should be continued, curtailed, or
eliminated. In addition, each such committee shall review and study any
conditions or circumstances which may indicate the necessity or
desirability of enacting new or additional legislation within the
jurisdiction of that committee (whether or not any bill or resolution
has been introduced with respect thereto), and shall on a continuing
basis undertake future research and forecasting on matters within the
jurisdiction of that committee. Each such committee having more than
twenty members shall establish an oversight subcommittee, or require its
subcommittees, if any, to conduct oversight in the area of their
respective jurisdiction, to assist in carrying out its responsibilities
under this subparagraph. The establishment of oversight subcommittees
shall in no way limit the responsibility of the subcommittees with
legislative jurisdiction from carrying out their oversight
responsibilities.
(2) The Committee on Government Reform and Oversight shall review and
study, on a continuing basis, the operation of Government activities at
all levels with a view to determining their economy and efficiency.
(3) The Committee on Appropriations shall conduct such studies and
examinations of the organization and operation of executive departments
and other executive agencies (including any agency the majority of the
stock of which is owned by the Government of the United States) as it
may deem necessary to assist it in the determination of matters within
its jurisdiction.
(c) Each standing committee of the House shall have the function of
reviewing and studying on a continuing basis the impact or probable
impact of tax policies affecting subjects within its jurisdiction as
described in clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a Congress,
each standing committee of the House shall, in a meeting that is open to
the public and with a quorum present, adopt its oversight plans for that
Congress. Such plans shall be submitted simultaneously to the Committee
on Government Reform and Oversight and to the Committee on House
Oversight. In developing such plans each committee shall, to the maximum
extent feasible--
(A) consult with other committees of the House that have
jurisdiction over the same or related laws, programs, or agencies
within its jurisdiction, with the objective of ensuring that such
laws, programs, or agencies are reviewed in the same Congress and that
there is a maximum of coordination between such committees in the
conduct of such reviews; and such plans shall include an explanation
of what steps have been and will be taken to ensure such coordination
and cooperation;
(B) give priority consideration to including in its plans the review
of those laws, programs, or agencies operating under permanent budget
authority or permanent statutory authority; and
(C) have a view toward ensuring that all significant laws, programs,
or agencies within its jurisdictions are subject to review at least
once every ten years.
(2) It shall not be in order to consider any committee expense
resolution (within the meaning of clause 5 of rule XI), or any amendment
thereto, for any committee that has not submitted its oversight plans as
required by this paragraph.
(3) Not later than March 31 in the first session of a Congress, after
consultation with the Speaker, the majority leader, and the minority
leader, the Committee on Government Reform and Oversight shall report to
the House the oversight plans submitted by each committee together with
any recommendations that it, or the House leadership group referred to
above, may make to ensure the most effective coordination of such plans
and otherwise achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may appoint special
ad hoc oversight committees for the purpose of reviewing specific
matters within the jurisdiction of two or more standing committees.
Special Oversight Functions
3. (a) The Committee on National Security shall have the function of
reviewing and studying, on a continuing basis, all laws, programs, and
Government activities dealing with or involving international arms
control and disarmament and the education of military dependents in
schools.
[[Page 2746]]
(b) The Committee on the Budget shall have the function of--
(1) making continuing studies of the effect on budget outlays of
relevant existing and proposed legislation, and reporting the results
of such studies to the House on a recurring basis; and
(2) requesting and evaluating continuing studies of tax
expenditures, devising methods of coordinating tax expenditures,
policies, and programs with direct budget outlays, and reporting the
results of such studies to the House on a recurring basis.
(c) The Committee on Economic and Educational Opportunities shall have
the function of reviewing, studying, and coordinating, on a continuing
basis, all laws, programs, and Government activities dealing with or
involving domestic educational programs and institutions, and programs
of student assistance, which are within the jurisdiction of other
committees.
(d) The Committee on International Relations shall have the function
of reviewing and studying, on a continuing basis, all laws, programs,
and Government activities dealing with or involving customs
administration, intelligence activities relating to foreign policy,
international financial and monetary organizations, and international
fishing agreements.
(e) The Committee on Resources shall have the function of reviewing
and studying, on a continuing basis, all laws, programs, and Government
activities dealing with Indians.
(f) The Committee on Science shall have the function of reviewing and
studying, on a continuing basis, all laws, programs, and Government
activities dealing with or involving nonmilitary research and
development.
(g) The Committee on Small Business shall have the function of
studying and investigating, on a continuing basis, the problems of all
types of small business.
(h) The Committee on Commerce shall have the function of reviewing and
studying on a continuing basis, all laws, programs and government
activities relating to nuclear and other energy, and nonmilitary nuclear
energy and research and development including the disposal of nuclear
waste.
(i) The Committee on Rules shall have the function of reviewing and
studying, on a continuing basis, the congressional budget process, and
the committee shall, from time to time, report its findings and
recommendations to the House.
Additional Functions of Committees
4. (a)(1)(A) The Committee on Appropriations shall, within thirty days
after the transmittal of the Budget to the Congress each year, hold
hearings on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the
President in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used as bases
in arriving at total estimated expenditures and receipts.
(B) In holding hearings pursuant to subdivision (A), the committee
shall receive testimony from the Secretary of the Treasury, the Director
of the Office of Management and Budget, the Chairman of the Council of
Economic Advisers, and such other persons as the committee may desire.
(C) Hearings pursuant to subdivision (A), or any part thereof, shall
be held in open session, except when the committee, in open session and
with a quorum present, determines by roll call vote that the testimony
to be taken at that hearing on that day may be related to a matter of
national security: Provided, however, That the committee may by the same
procedure close one subsequent day of hearing. A transcript of all such
hearings shall be printed and a copy thereof furnished to each Member,
Delegate, and the Resident Commissioner from Puerto Rico.
(D) Hearings pursuant to subdivision (A), or any part thereof, may be
held before joint meetings of the committee and the Committee on
Appropriations of the Senate in accordance with such procedures as the
two committees jointly may determine.
(2) Whenever any bill or resolution which provides new spending
authority described in section 401(c)(2)(C) of the Congressional Budget
Act of 1974 is reported by a committee of the House and the amount of
new budget authority which will be required for the fiscal year involved
if such bill or resolution is enacted as so reported exceeds the
appropriate allocation of new budget authority reported as described in
clause 4(h) in connection with the most recently agreed to concurrent
resolution on the budget for such fiscal year, such bill or resolution
shall then be referred to the Committee on Appropriations with
instructions to report it, with the committee's recommendations and (if
the committee deems it desirable) with an amendment limiting the total
amount of new spending authority provided in the bill or resolution,
within 15 calendar days (not counting any day on which the House is not
in session) beginning with the day following the day on which it is so
referred. If the Committee on Appropriations fails to report the bill or
resolution within such 15-day period, the committee shall be
automatically discharged from further consideration of the bill or
resolution and the bill or resolution shall be placed on the appropriate
calendar.
(3) In addition, the Committee on Appropriations shall study on a
continuing basis those provisions of law which (on the first day of the
first fiscal year for which the congressional budget process is
effective) provide spending authority of permanent budget authority, and
shall report to the House from time to time its recommendations for
terminating or modifying such provisions.
(b) The Committee on the Budget shall have the duty--
(1) to review on a continuing basis the conduct by the Congressional
Budget Office of its functions and duties;
(2) to hold hearings, and receive testimony from Members of Congress
and such appropriate representatives of Federal departments and
agencies, the general public, and national organizations as it deems
desirable, in developing the concurrent resolutions on the budget for
each fiscal year;
(3) to make all reports required of it by the Congressional Budget
Act of 1974, including the reporting of reconciliation bills and
resolutions when so required;
(4) to study on a continuing basis those provisions of law which
exempt Federal agencies or any of their activities or outlays from
inclusion in the Budget of the United States Government, and to report
to the House from time to time its recommendations for terminating or
modifying such provisions; and
(5) to study on a continuing basis proposals designed to improve and
facilitate methods of congressional budget-making, and to report to
the House from time to time the results of such study together with
its recommendations.
(c)(1) The Committee on Government Reform and Oversight shall have the
general function of--
(A) receiving and examining reports of the Comptroller General of
the United States and of submitting such recommendations to the House
as it deems necessary or desirable in connection with the subject
matter of such reports;
(B) evaluating the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(C) studying intergovernmental relationships between the United
States and the States and municipalities, and between the United
States and international organizations of which the United States is a
member.
(2) In addition to its duties under subparagraph (1), the Committee on
Government Reform and Oversight may at any time conduct investigations
of any matter without regard to the provisions of clause 1, 2, or 3 (or
this clause) conferring jurisdiction over such matter upon another
standing committee. The committee's findings and recommendations in any
such investigation shall be made available to the other standing
committee or committees having jurisdiction over the matter involved
(and included in the report of any such other committee when required by
clause 2(l)(3) of rule XI).
(d) The Committee on House Oversight shall have the function of--
[[Page 2747]]
(1) examining all bills, amendments, and joint resolutions after
passage by the House and, in cooperation with the Senate, examining
all bills and joint resolutions which shall have passed both Houses to
see that they are correctly enrolled, forthwith presenting those which
originated in the House to the President of the United States in
person after their signature by the Speaker of the House and the
President of the Senate and reporting the fact and date of such
presentation to the House;
(2) providing policy direction for, and oversight of, the Clerk,
Sergeant-at-Arms, Chief Administrative Officer, and Inspector General;
and
(3) accepting a gift, other than as otherwise provided by law, if
the gift does not involve any duty, burden, or condition, or is not
made dependent upon some future performance by the House of
Representatives and promulgating regulations to carry out this
paragraph.
(e)(1) The Committee on Standards of Official Conduct is authorized:
(A) to recommend to the House from time to time such administrative
actions as it may deem appropriate to establish or enforce standards of
official conduct for Members, officers, and employees of the House, and
any letter of reproval or other administrative action of the committee
pursuant to an investigation under subdivision (B) shall only be issued
or implemented as a part of a report required by such subdivision; (B)
to investigate, subject to subparagraph (2) of this paragraph, any
alleged violation, by a Member, officer, or employee of the House, of
the Code of Official Conduct or of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities, and after notice and hearing (unless the right to a
hearing is waived by the Member, officer, or employee), shall report to
the House its findings of fact and recommendations, if any, upon the
final disposition of any such investigation, and such action as the
committee may deem appropriate in the circumstances; (C) to report to
the appropriate Federal or State authorities, with the approval of the
House, any substantial evidence of a violation, by a Member, officer, or
employee of the House, of any law applicable to the performance of his
duties or the discharge of his responsibilities, which may have been
disclosed in a committee investigation; (D) to give consideration to the
request of any Member, officer, or employee of the House for an advisory
opinion with respect to the general propriety of any current or proposed
conduct of such Member, officer, or employee and, with appropriate
deletions to assure the privacy of the individual concerned, to publish
such opinion for the guidance of other Members, officers, and employees
of the House; and (E) to give consideration to the request of any
Member, officer, or employee of the House for a written waiver in
exceptional circumstances with respect to clause 4 of rule XLIII.
(2)(A) No resolution, report, recommendation, or advisory opinion
relating to the official conduct of a Member, officer, or employee of
the House shall be made by the Committee on Standards of Official
Conduct, and no investigation of such conduct shall be undertaken by
such committee, unless approved by the affirmative vote of a majority of
the members of the committee.
(B) Except in the case of an investigation undertaken by the committee
on its own initiative, the committee may undertake an investigation
relating to the official conduct of an individual Member, officer, or
employee of the House of Representatives only--
(i) upon receipt of a complaint, in writing and under oath, made by
or submitted to a Member of the House and transmitted to the committee
by such Member, or
(ii) upon receipt of a complaint, in writing and under oath,
directly from an individual not a Member of the House if the committee
finds that such complaint has been submitted by such individual to not
less than three Members of the House who have refused, in writing, to
transmit such complaint to the committee.
(C) No investigation shall be undertaken by the committee of any
alleged violation of a law, rule, regulation, or standard of conduct not
in effect at the time of the alleged violation; nor shall any
investigation be undertaken by the committee of any alleged violation
which occurred before the third previous Congress unless the committee
determines that the alleged violation is directly related to any alleged
violation which occurred in a more recent Congress.
(D) A member of the committee shall be ineligible to participate, as a
member of the committee, in any committee proceeding relating to his or
her official conduct. In any case in which a member of the committee is
ineligible to act as a member of the committee under the preceding
sentence, the Speaker of the House shall designate a Member of the House
from the same political party as the ineligible member of the committee
to act as a member of the committee in any committee proceeding relating
to the official conduct of such ineligible member.
(E) A member of the committee may disqualify himself from
participating in any investigation of the conduct of a Member, officer,
or employee of the House upon the submission in writing and under oath
of an affidavit of disqualification stating that he cannot render an
impartial and unbiased decision in the case in which he seeks to
disqualify himself. If the committee approves and accepts such affidavit
of disqualification, the chairman shall so notify the Speaker and
request the Speaker to designate a Member of the House from the same
political party as the disqualifying member of the committee to act as a
member of the committee in any committee proceeding relating to such
investigation.
(F) No information or testimony received, or the contents of a
complaint or the fact of its filing, shall be publicly disclosed by any
committee or staff member unless specifically authorized in each
instance by a vote of the full committee.
(f)(1) Each standing committee of the House shall, in its
consideration of all bills and joint resolutions of a public character
within its jurisdiction, insure that appropriations for continuing
programs and activities of the Federal Government and the District of
Columbia government will be made annually to the maximum extent feasible
and consistent with the nature, requirements, and objectives of the
programs and activities involved. For the purposes of this paragraph a
Government agency includes the organizational units of government listed
in clause 7(c) of rule XIII.
(2) Each standing committee of the House shall review, from time to
time, each continuing program within its jurisdiction for which
appropriations are not made annually in order to ascertain whether such
program could be modified so that appropriations therefor would be made
annually.
(g) Each standing committee of the House shall, on or before February
25 of each year, submit to the Committee on the Budget (1) its views and
estimates with respect to all matters to be set forth in the concurrent
resolution on the budget for the ensuing fiscal year which are within
its jurisdiction or functions, and (2) an estimate of the total amounts
of new budget authority, and budget outlays resulting therefrom, to be
provided or authorized in all bills and resolutions within its
jurisdiction which it intends to be effective during that fiscal year.
The views and estimates submitted by the Committee on Ways and Means
under the preceding sentence shall include a specific recommendation,
made after holding public hearings, as to the appropriate level of the
public debt which should be set forth in the concurrent resolution on
the budget referred to in such sentence and serve as the basis for an
increase or decrease in the statutory limit on such debt under the
procedures provided by rule XLIX.
(h) As soon as practicable after a concurrent resolution on the budget
for any fiscal year is agreed to, each standing committee of the House
(after consulting with the appropriate committee or committees of the
Senate) shall subdivide any allocations made to it in the joint
explanatory statement accompanying the conference report on such
resolution, and promptly report such subdivisions to the House, in the
manner provided by section 302 or section 602 (in the case of fiscal
years 1991 through 1995) of the Congressional Budget Act of l974.
[[Page 2748]]
(i) Each standing committee of the House which is directed in a
concurrent resolution on the budget to determine and recommend changes
in laws, bills, or resolutions under the reconciliation process shall
promptly make such determination and recommendations, and report a
reconciliation bill or resolution (or both) to the House or submit such
recommendations to the Committee on the Budget, in accordance with the
Congressional Budget Act of l974.
Referral of Bills, Resolutions, and Other Matters to Committees
5. (a) Each bill, resolution, or other matter which relates to a
subject listed under any standing committee named in clause 1 shall be
referred by the Speaker in accordance with the provisions of this
clause.
(b) Every referral of any matter under paragraph (a) shall be made in
such manner as to assure to the maximum extent feasible that each
committee which has jurisdiction under clause 1 over the subject matter
of any provision thereof will have responsibility for considering such
provision and reporting to the House with respect thereto. Any
precedents, rulings, and procedures in effect prior to the Ninety-Fourth
Congress shall be applied with respect to referrals under this clause
only to the extent that they will contribute to the achievement of the
objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect to any matter,
the Speaker shall designate a committee of primary jurisdiction; but
also may refer the matter to one or more additional committees, for
consideration in sequence (subject to appropriate time limitations),
either on its initial referral or after the matter has been reported by
the committee of primary jurisdiction; or may refer portions of the
matter to one or more additional committees (reflecting different
subjects and jurisdictions) for the consideration only of designated
portions; or may refer the matter to a special ad hoc committee
appointed by the Speaker with the approval of the House (with members
from the committees having jurisdiction) for the specific purpose of
considering that matter and reporting to the House thereon; or may make
such other provisions as may be considered appropriate.
Election and Membership of Committees; Chairmen; Vacancies; Select and
Conference Committees
6. (a)(1) The standing committees specified in clause 1 shall be
elected by the House within the seventh calendar day beginning after the
commencement of each Congress, from nominations submitted by the
respective party caucuses. It shall always be in order to consider
resolutions recommended by the respective party caucuses to change the
composition of standing committees.
(2) One-half of the members of the Committee on Standards of Official
Conduct shall be from the majority party and one-half shall be from the
minority party. No Member shall serve as a member of the Committee on
Standards of Official Conduct during more than 3 Congresses in any
period of 5 successive Congresses (disregarding for this purpose any
service performed as a member of such committee for less than a full
session in any Congress).
(b)(1) Membership on standing committees during the course of a
Congress shall be contingent on continuing membership in the party
caucus or conference that nominated Members for election to such
committees. Should a Member cease to be a member of a particular party
caucus or conference, said Member shall automatically cease to be a
member of a standing committee to which he was elected on the basis of
nomination by that caucus or conference. The chairman of the relevant
party caucus or conference shall notify the Speaker whenever a Member
ceases to be a member of a party caucus or conference and the Speaker
shall notify the chairman of each standing committee on which said
Member serves, that in accord with this rule, the Member's election to
such committee is automatically vacated.
(2)(A) No Member, Delegate, or Resident Commissioner may serve
simultaneously as a member of more than two standing committees or four
subcommittees of the standing committees of the House, except that ex
officio service by a chairman and ranking minority member of a committee
on each of its subcommittees by committee rule shall not be counted
against the limitation on subcommittee service. Any other exception to
these limitations must be approved by the House upon the recommendation
of the respective party caucus or conference.
(B) For the purposes of this subparagraph, the term ``subcommittee''
includes any panel (other than a special oversight panel of the
Committee on National Security), task force, special subcommittee, or
any subunit of a standing committee that is established for a cumulative
period longer than six months in any Congress.
(c) One of the members of each standing committee shall be elected by
the House, from nominations submitted by the majority party caucus, at
the commencement of each Congress, as chairman thereof. No Member may
serve as the chairman of the same standing committee, or as the chairman
of the same subcommittee thereof, for more than three consecutive
Congresses, beginning with the One Hundred Fourth Congress (disregarding
for this purpose any service for less than a full session in any
Congress). In the temporary absence of the chairman, the member next in
rank in the order named in the election of the committee, and so on, as
often as the case shall happen, shall act as chairman; and in case of a
permanent vacancy in the chairmanship of any such committee the House
shall elect another chairman.
(d) No committee of the House shall have more than five subcommittees
(except the Committee on Appropriations, which shall have no more than
13; the Committee on Government Reform and Oversight, which shall have
no more than seven; and the Committee on Transportation and
Infrastructure, which shall have no more than six).
(e) All vacancies in standing committees shall be filled by election
by the House from nominations, submitted by the respective party caucus
or conference.
(f) The Speaker shall appoint all select and conference committees
which shall be ordered by the House from time to time. At any time after
an original appointment, the Speaker may remove Members or appoint
additional Members to select and conference committees. In appointing
members to conference committees the Speaker shall appoint no less than
a majority of members who generally supported the House position as
determined by the Speaker. The Speaker shall name Members who are
primarily responsible for the legislation and shall, to the fullest
extent feasible, include the principal proponents of the major
provisions of the bill as it passed the House.
(g) Membership on select and joint committees during the course of a
Congress shall be contingent on continuing membership in the party
caucus or conference the Member was a member of at the time of his
appointment to a select or joint committee. Should a Member cease to be
a member of that caucus or conference, said Member shall automatically
cease to be a member of any select or joint committee to which he is
assigned. The chairman of the relevant party caucus or conference shall
notify the Speaker whenever a Member ceases to be a member of a party
caucus or conference and the Speaker shall notify the chairman of each
select or joint committee on which said Member serves, that in accord
with this rule, the Member's appointment to such committee is
automatically vacated.
(h) The Speaker may appoint the Resident Commissioner from Puerto Rico
and Delegates to the House to any select committee and to any conference
committee.
Rule XI
rules of procedure for committees
In General
1. (a)(1) The Rules of the House are the rules of its committees and
subcommittees so far as applicable, except that a motion to recess from
day to day, and a motion to dispense with the first reading (in full) of
a bill or resolution, if printed copies are available, are nondebatable
motions of high privilege in committees and subcommittees.
(2) Each subcommittee of a committee is a part of that committee, and
[[Page 2749]]
is subject to the authority and direction of that committee and to its
rules so far as applicable.
(b) Each committee is authorized at any time to conduct such
investigations and studies as it may consider necessary or appropriate
in the exercise of its responsibilities under rule X, and (subject to
the adoption of expense resolutions as required by clause 5) to incur
expenses (including travel expenses) in connection therewith.
(c) Each committee is authorized to have printed and bound testimony
and other data presented at hearings held by the committee. All costs of
stenographic services and transcripts in connection with any meeting or
hearing of a committee shall be paid from the contingent fund of the
House.
(d)(1) Each committee shall submit to the House not later than January
2 of each odd-numbered year, a report on the activities of that
committee under this rule and rule X during the Congress ending on
January 3 of such year.
(2) Such report shall include separate sections summarizing the
legislative and oversight activities of that committee during that
Congress.
(3) The oversight section of such report shall include a summary of
the oversight plans submitted by the committee pursuant to clause 2(d)
of rule X, a summary of the actions taken and recommendations made with
respect to each such plan, and a summary of any additional oversight
activities undertaken by that committee, and any recommendations made or
actions taken thereon.
Committee Rules
Adoption of written rules
2. (a) Each standing committee of the House shall adopt written
rules governing its procedure. Such rules--
(1) shall be adopted in a meeting which is open to the public unless
the committee, in open session and with a quorum present, determined
by roll call vote that all or part of the meeting on that day is to be
closed to the public;
(2) shall be not inconsistent with the Rules of the House or with
those provisions of law having the force and effect of Rules of the
House; and
(3) shall in any event incorporate all of the succeeding provisions
of this clause to the extent applicable.
Each committee's rules specifying its regular meeting days, and any
other rules of a committee which are in addition to the provisions of
this clause, shall be published in the Congressional Record not later
than thirty days after the committee is elected in each odd-numbered
year. Each select or joint committee shall comply with the provisions of
this paragraph unless specifically prohibited by law.
Regular meeting days
(b) Each standing committee of the House shall adopt regular
meeting days, which shall be not less frequent than monthly, for the
conduct of its business. Each such committee shall meet, for the
consideration of any bill or resolution pending before the committee or
for the transaction of other committee business, on all regular meeting
days fixed by the committee, unless otherwise provided by written rule
adopted by the committee.
Additional and special meetings
(c)(1) The Chairman of each standing committee may call and
convene, as he or she considers necessary, additional meetings of the
committee for the consideration of any bill or resolution pending before
the committee or for the conduct of other committee business. The
committee shall meet for such purpose pursuant to that call of the
chairman.
(2) If at least three members of any standing committee desire that a
special meeting of the committee be called by the chairman, those
members may file in the offices of the committee their written request
to the chairman for that special meeting. Such request shall specify the
measure or matter to be considered. Immediately upon the filing of the
request, the clerk of the committee shall notify the chairman of the
filing of the request. If, within three calendar days after the filing
of the request, the chairman does not call the requested special
meeting, to be held within seven calendar days after the filing of the
request, a majority of the members of the committee may file in the
offices of the committee their written notice that a special meeting of
the committee will be held, specifying the date and hour of, and the
measure or matter to be considered at, that special meeting. The
committee shall meet on that date and hour. Immediately upon the filing
of the notice, the clerk of the committee shall notify all members of
the committee that such special meeting will be held and inform them of
its date and hour and the measure or matter to be considered; and only
the measure or matter specified in that notice may be considered at that
special meeting.
Vice chairman or ranking majority
member to preside in absence of
chairman
(d) A member of the majority party on any standing committee or
subcommittee thereof designated by the chairman of the full committee
shall be vice chairman of the committee or subcommittee, as the case may
be, and shall preside at any meeting during the temporary absence of the
chairman. If the chairman and vice chairman of the committee or
subcommittee are not present at any meeting of the committee or
subcommittee, the ranking member of the majority party who is present
shall preside at that meeting.
Committee records
(e)(1) Each committee shall keep a complete record of all
committee action which shall include--
(A) in the case of any meeting or hearing transcript, a
substantially verbatim account of remarks actually made during the
proceedings, subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks involved; and
(B) a record of the votes on any question on which a rollcall vote
is demanded. The result of each such roll call vote shall be made
available by the committee for inspection by the public at reasonable
times in the offices of the committee. Information so available for
public inspection shall include a description of the amendment,
motion, order, or other proposition and the name of each Member voting
for and each Member voting against such amendment, motion, order, or
proposition, and the names of those Members present but not voting.
(2) All committee hearings, records, data, charts, and files shall be
kept separate and distinct from the congressional office records of the
Member serving as chairman of the committee; and such records shall be
the property of the House and all Members of the House shall have access
thereto, except that in the case of records in the Committee on
Standards of Official Conduct respecting the conduct of any Member,
officer, or employee of the House, no Member of the House (other than a
member of such committee) shall have access thereto without the
specific, prior approval of the committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the Archivist of
the United States under rule XXXVI. Such standards shall specify
procedures for orders of the committee under clause 3(b)(3) and clause
4(b) of rule XXXVI, including a requirement that nonavailability of a
record for a period longer than the period otherwise applicable under
that rule shall be approved by vote of the committee.
Prohibition against proxy voting
(f) No vote by any member of any committee or subcommittee with
respect to any measure or matter may be cast by proxy.
Open meetings and hearings
(g)(1) Each meeting for the transaction of business, including
the markup of legislation, of each standing committee or subcommittee
thereof shall be open to the public, including to radio, television, and
still photography coverage, except as provided by clause 3(f)(2), except
when the committee or subcommittee, in open session and with a majority
present, determines by roll call vote that all or part of the remainder
of the meeting on that day shall be closed to the public because
disclosure of matters to be considered would endanger national security,
would compromise sensitive law enforcement information, would tend to
defame, degrade or incriminate any person, or otherwise would violate
any
[[Page 2750]]
law or rule of the House: Provided, however, That no person other than
members of the committee and such congressional staff and such
departmental representatives as they may authorize shall be present at
any business or markup session which has been closed to the public. This
paragraph does not apply to open committee hearings which are provided
for by clause 4(a)(1) of rule X or by subparagraph (2) of this
paragraph.
(2) Each hearing conducted by each committee or subcommittee thereof
shall be open to the public, including to radio, television, and still
photography coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by roll call vote that
all or part of the remainder of that hearing on that day shall be closed
to the public because disclosure of testimony, evidence, or other
matters to be considered would endanger the national security, would
compromise sensitive law enforcement information, or would violate any
law or rule of the House of Representatives. Notwithstanding the
requirements of the preceding sentence, a majority of those present,
there being in attendance the requisite number required under the rules
of the committee to be present for the purpose of taking testimony,
(A) may vote to close the hearing for the sole purpose of discussing
whether testimony or evidence to be received would endanger the
national security, would compromise sensitive law enforcement
information, or violate clause 2(k)(5) of rule XI; or
(B) may vote to close the hearing, as provided in clause 2(k)(5) of
rule XI.
No Member may be excluded from nonparticipatory attendance at any
hearing of any committee or subcommittee, with the exception of the
Committee on Standards of Official Conduct, unless the House of
Representatives shall by majority vote authorize a particular committee
or subcommittee, for purposes of a particular series of hearings on a
particular article of legislation or on a particular subject of
investigation, to close its hearings to Members by the same procedures
designated in this subparagraph for closing hearings to the public:
Provided, however, That the committee or subcommittee may by the same
procedure vote to close one subsequent day of hearing except that the
Committee on Appropriations, the Committee on National Security, and the
Permanent Select Committee on Intelligence and the subcommittees therein
may, by the same procedure, vote to close up to five additional
consecutive days of hearings.
(3) The chairman of each committee of the House (except the Committee
on Rules) shall make public announcement of the date, place, and subject
matter of any committee hearing at least one week before the
commencement of the hearing. If the chairman of the committee, with the
concurrence of the ranking minority member, determines there is good
cause to begin the hearing sooner, or if the committee so determines by
majority vote, a quorum being present for the transaction of business,
the chairman shall make the announcement at the earliest possible date.
Any announcement made under this subparagraph shall be promptly
published in the Daily Digest and promptly entered into the committee
scheduling service of the House Information Systems.
(4) Each committee shall, insofar as is practicable, require each
witness who is to appear before it to file with the committee (in
advance of his or her appearance) a written statement of the proposed
testimony and to limit the oral presentation at such appearance to a
brief summary of his or her argument.
(5) No point of order shall lie with respect to any measure reported
by any committee on the ground that hearings on such measure were not
conducted in accordance with the provisions of this clause; except that
a point of order on that ground may be made by any member of the
committee which reported the measure if, in the committee, such point of
order was (A) timely made and (B) improperly overruled or not properly
considered.
(6) The preceding provisions of this paragraph do not apply to the
committee hearings which are provided for by clause 4(a)(1) of rule X.
Quorum for taking testimony and
certain other action
(h)(1) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving evidence which
shall be not less than two.
(2) Each committee (except the Committee on Appropriations, the
Committee on the Budget, and the Committee on Ways and Means) may fix
the number of its members to constitute a quorum for taking any action
other than the reporting of a measure or recommendation which shall be
not less than one-third of the members.
Limitation on committees sittings
(i)(1) No committee of the House (except the Committee on
Appropriations, the Committee on the Budget, the Committee on Rules, the
Committee on Standards of Official Conduct, and the Committee on Ways
and Means) may sit, without special leave, while the House is reading a
measure for amendment under the five-minute rule. For purposes of this
paragraph, special leave will be granted unless 10 or more Members
object; and shall be granted upon the adoption of a motion, which shall
be highly privileged if offered by the majority leader, granting such
leave to one or more committees.
(2) No committee of the House may sit during a joint session of the
House and Senate or during a recess when a joint meeting of the House
and Senate is in progress.
Calling and interrogation of witnesses
(j)(1) Whenever any hearing is conducted by any committee upon
any measure or matter, the minority party members on the committee shall
be entitled, upon request to the chairman by a majority of them before
the completion of the hearing, to call witnesses selected by the
minority to testify with respect to that measure or matter during at
least one day of hearing thereon.
(2) Each committee shall apply the five-minute rule in the
interrogation of witnesses in any hearing until such time as each member
of the committee who so desires has had an opportunity to question each
witness.
Investigative hearing procedures
(k)(1) The chairman at an investigative hearing shall announce
in an opening statement the subject of the investigation.
(2) A copy of the committee rules and this clause shall be made
available to each witness.
(3) Witnesses at investigative hearings may be accompanied by their
own counsel for the purpose of advising them concerning their
constitutional rights.
(4) The chairman may punish breaches of order and decorum, and of
professional ethics on the part of counsel, by censure and exclusion
from the hearings; and the committee may cite the offender to the House
for contempt.
(5) Whenever it is asserted that the evidence or testimony at an
investigatory hearing may tend to defame, degrade, or incriminate any
person,
(A) such testimony or evidence shall be presented in executive
session, notwithstanding the provisions of clause 2(g)(2) of this
rule, if by a majority of those present, there being in attendance the
requisite number required under the rules of the committee to be
present for the purpose of taking testimony, the committee determines
that such evidence or testimony may tend to defame, degrade, or
incriminate any person; and
(B) the committee shall proceed to receive such testimony in open
session only if a majority of the members of the committee, a majority
being present, determine that such evidence or testimony will not tend
to defame, degrade, or incriminate any person.
In either case the committee shall afford such person an opportunity
voluntarily to appear as a witness, and receive and dispose of requests
from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman shall receive
and the committee shall dispose of requests to subpoena additional
witnesses.
(7) No evidence or testimony taken in executive session may be
released or used in public sessions without the consent of the
committee.
[[Page 2751]]
(8) In the discretion of the committee, witnesses may submit brief and
pertinent sworn statements in writing for inclusion in the record. The
committee is the sole judge of the pertinency of testimony and evidence
adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony given at a
public session or, if given at an executive session, when authorized by
the committee.
Committee procedures for reporting bills
and resolutions
(l)(1)(A) It shall be the duty of the chairman of each committee
to report or cause to be reported promptly to the House any measure
approved by the committee and to take or cause to be taken necessary
steps to bring a matter to a vote.
(B) In any event, the report of any committee on a measure which has
been approved by the committee shall be filed within seven calendar days
(exclusive of days on which the House is not in session) after the day
on which there has been filed with the clerk of the committee a written
request, signed by a majority of the members of the committee, for the
reporting of that measure. Upon the filing of any such request, the
clerk of the committee shall transmit immediately to the chairman of the
committee notice of the filing of that request. This subdivision does
not apply to a report of the Committee on Rules with respect to the
rules, joint rules, or order of business of the House or to the
reporting of a resolution of inquiry addressed to the head of an
executive department.
(2)(A) No measure or recommendation shall be reported from any
committee unless a majority of the committee was actually present.
(B) With respect to each rollcall vote on a motion to report any
measure or matter of a public character, and on any amendment offered to
the measure or matter, the total number of votes cast for and against,
and the names of those members voting for and against, shall be included
in the committee report on the measure or matter.
(3) The report of any committee on a measure which has been approved
by the committee shall include (A) the oversight findings and
recommendations required pursuant to clause 2(b)(1) of rule X separately
set out and clearly identified; (B) the statement required by section
308(a)(1) of the Congressional Budget Act of l974, separately set out
and clearly identified, if the measure provides new budget authority
(other than continuing appropriations), new spending authority described
in section 401(c)(2) of such Act, new credit authority, or an increase
or decrease in revenues or tax expenditures, except that the estimates
with respect to new budget authority shall include, when practicable, a
comparison of the total estimated funding level for the relevant program
(or programs) to the appropriate levels under current law; (C) the
estimate and comparison prepared by the Director of the Congressional
Budget Office under section 403 of such Act, separately set out and
clearly identified, whenever the Director (if timely submitted prior to
the filing of the report) has submitted such estimate and comparison to
the committee; and (D) a summary of the oversight findings and
recommendations made by the Committee on Government Reform and Oversight
under clause 4(c)(2) of rule X separately set out and clearly identified
whenever such findings and recommendations have been submitted to the
legislative committee in a timely fashion to allow an opportunity to
consider such findings and recommendations during the committee's
deliberations on the measure.
(4) Each report of a committee on each bill or joint resolution of a
public character reported by such committee shall contain a detailed
analytical statement as to whether the enactment of such bill or joint
resolution into law may have an inflationary impact on prices and costs
in the operation of the national economy.
(5) If, at the time of approval of any measure or matter by any
committee, other than the Committee on Rules, any member of the
committee gives notice of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less than three
calendar days (excluding Saturdays, Sundays, or legal holidays except
when the House is in session on such a day) in which to file such views,
in writing and signed by that member, with the clerk of the committee.
All such views so filed by one or more members of the committee shall be
included within, and shall be a part of, the report filed by the
committee with respect to that measure or matter. The report of the
committee upon that measure or matter shall be printed in a single
volume which--
(A) shall include all supplemental, minority, or additional views
which have been submitted by the time of the filing of the report, and
(B) shall bear upon its cover a recital that any such supplemental,
minority, or additional views (and any material submitted under
subdivisions (C) and (D) of subparagraph (3)) are included as part of
the report.
This subparagraph does not preclude--
(i) the immediate filing or printing of a committee print unless
timely request for the opportunity to file supplemental, minority, or
additional views has been made as provided by this subparagraph; or
(ii) the filing by any such committee of any supplemental report
upon any measure or matter which may be required for the correction of
any technical error in a previous report made by that committee upon
that measure or matter.
(6) A measure or matter reported by any committee (except the
Committee on Rules in the case of a resolution making in order the
consideration of a bill, resolution, or other order of business), shall
not be considered in the House until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is in
session on such a day) on which the report of that committee upon that
measure or matter has been available to the Members of the House, or as
provided by section 305(a)(1) of the Congressional Budget Act of 1974 in
the case of a concurrent resolution on the budget: Provided, however,
That it shall always be in order to call up for consideration,
notwithstanding the provisions of clause 4(b) of rule XI, a report from
the Committee on Rules specifically providing for the consideration of a
reported measure or matter notwithstanding this restriction. If hearings
have been held on any such measure or matter so reported, the committee
reporting the measure or matter shall make every reasonable effort to
have such hearings printed and available for distribution to the Members
of the House prior to the consideration of such measure or matter in the
House. This subparagraph shall not apply to--
(A) any measure for the declaration of war, or the declaration of a
national emergency, by the Congress; or
(B) any decision, determination, or action by a Government agency
which would become or continue to be, effective unless disapproved or
otherwise invalidated by one or both Houses of Congress.
For the purposes of the preceding sentence, a Government agency includes
any department, agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal Government or the
government of the District of Columbia.
(7) If, within seven calendar days after a measure has, by resolution,
been made in order for consideration by the House, no motion has been
offered that the House consider that measure, any member of the
committee which reported that measure may be recognized in the
discretion of the Speaker to offer a motion that the House shall
consider that measure, if that committee has duly authorized that member
to offer that motion.
Power to sit and act
subpoena power
(m)(1) For the purpose of carrying out any of its functions and
duties under this rule and rule X (including any matters referred to it
under clause 5 of rule X), any committee, or any subcommittee thereof,
is authorized (subject to subparagraph (2)(A) of this paragraph)--
(A) to sit and act at such times and places within the United
States, whether the House is in session, has recessed, or has
adjourned, and to hold such hearings, and
(B) to require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production
[[Page 2752]]
of such books, records, correspondence, memorandums, papers, and
documents as it deems necessary.
The chairman of the committee, or any member designated by such
chairman, may administer oaths to any witness.
(2)(A) A subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of any
investigation or series of investigations or activities, only when
authorized by a majority of the members voting, a majority being
present. The power to authorize and issue subpoenas under subparagraph
(1)(B) may be delegated to the chairman of the committee pursuant to
such rules and under such limitations as the committee may prescribe.
Authorized subpoenas shall be signed by the chairman of the committee or
by any member designated by the committee.
(B) Compliance with any subpoena issued by a committee or subcommittee
under subparagraph (1)(B) may be enforced only as authorized or directed
by the House.
Use of committee funds for travel
(n)(1) Funds authorized for a committee under clause 5 are for
expenses incurred in the committee's activities; however, local
currencies owned by the United States shall be made available to the
committee and its employees engaged in carrying out their official
duties outside the United States, its territories or possessions. No
appropriated funds, including those authorized under clause 5, shall be
expended for the purpose of defraying expenses of members of the
committee or its employees in any country where local currencies are
available for this purpose; and the following conditions shall apply
with respect to travel outside the United States or its territories or
possessions:
(A) No member or employee of the committee shall receive or expend
local currencies for subsistence in any country for any day at a rate
in excess of the maximum per diem set forth in applicable Federal law,
or if the Member or employee is reimbursed for any expenses for such
day, then the lesser of the per diem or the actual, unreimbursed
expenses (other than for transportation) incurred by the Member or
employee during that day.
(B) Each member or employee of the committee shall make to the
chairman of the committee an itemized report showing the dates each
country was visited, the amount of per diem furnished, the cost of
transportation furnished, any funds expended for any other official
purpose and shall summarize in these categories the total foreign
currencies and/or appropriated funds expended. All such individual
reports shall be filed no later than sixty days following the
completion of travel with the chairman of the committee for use in
complying with reporting requirements in applicable Federal law and
shall be open for public inspection.
(2) In carrying out the committee's activities outside of the United
States in any country where local currencies are unavailable, a member
or employee of the committee may not receive reimbursement for expenses
(other than for transportation) in excess of the maximum per diem set
forth in applicable Federal law, or if the member or employee is
reimbursed for any expenses for such day, then the lesser of the per
diem or the actual unreimbursed expenses (other than for transportation)
incurred, by the member or employee during any day.
(3) A member or employee of a committee may not receive reimbursement
for the cost of any transportation in connection with travel outside of
the United States unless the member or employee has actually paid for
the transportation.
(4) The restrictions respecting travel outside of the United States
set forth in subparagraphs (2) and (3) shall also apply to travel
outside of the United States by Members, officers, and employees of the
House authorized under clause 8 of rule I, clause 1(b) of this rule, or
any other provision of these Rules of the House of Representatives.
(5) No local currencies owned by the United States may be made
available under this paragraph for the use outside of the United States
for defraying the expenses of a member of any committee after--
(A) the date of the general election of Members in which the Member
has not been elected to the succeeding Congress; or
(B) in the case of a Member who is not a candidate in such general
election, the earlier of the date of such general election or the
adjournment sine die of the last regular session of the Congress.
Broadcasting of Committee Hearings and Meetings
3. (a) It is the purpose of this clause to provide a means, in
conformity with acceptable standards of dignity, propriety, and decorum,
by which committee hearings, or committee meetings, which are open to
the public may be covered, by television broadcast, radio broadcast, and
still photography, or by any of such methods of coverage--
(1) for the education, enlightenment, and information of the general
public, on the basis of accurate and impartial news coverage,
regarding the operations, procedures, and practices of the House as a
legislative and representative body and regarding the measures, public
issues, and other matters before the House and its committees, the
consideration thereof, and the action taken thereon; and
(2) for the development of the perspective and understanding of the
general public with respect to the role and function of the House
under the Constitution of the United States as an organ of the Federal
Government.
(b) In addition, it is the intent of this clause that radio and
television tapes and television film of any coverage under this clause
shall not be used, or made available for use, as partisan political
campaign material to promote or oppose the candidacy of any person for
elective public office.
(c) It is, further, the intent of this clause that the general conduct
of each meeting (whether of a hearing or otherwise) covered, under
authority of this clause, by television broadcast, radio broadcast, and
still photography, or by any of such methods of coverage, and the
personal behavior of the committee members and staff, other Government
officials and personnel, witnesses, television, radio, and press media
personnel, and the general public at the hearing or other meeting shall
be in strict conformity with and observance of the acceptable standards
of dignity, propriety, courtesy, and decorum traditionally observed by
the House in its operations and shall not be such as to--
(1) distort the objects and purposes of the hearing or other meeting
or the activities of committee members in connection with that hearing
or meeting or in connection with the general work of the committee or
of the House; or
(2) cast discredit or dishonor on the House, the committee, or any
Member or bring the House, the committee, or any Member into
disrepute.
(d) The coverage of committee hearings and meetings by television
broadcast, radio broadcast, or still photography shall be permitted and
conducted only in strict conformity with the purposes, provisions, and
requirements of this clause.
(e) Whenever a hearing or meeting conducted by any committee or
subcommittee of the House is open to the public, those proceedings shall
be open to coverage by television, radio, and still photography, except
as provided in paragraph (f)(2). A committee or subcommittee chairman
may not limit the number of television or still cameras to fewer than
two representatives from each medium (except for legitimate space or
safety considerations, in which case pool coverage shall be authorized).
(f) Each committee of the House shall adopt written rules to govern
its implementation of this clause. Such rules shall include provisions
to the following effect:
(1) If the television or radio coverage of the hearing or meeting is
to be presented to the public as live coverage, that coverage shall be
conducted and presented without commercial sponsorship.
(2) No witness served with a subpoena by the committee shall be
required against his or her will to be photographed at any hearing or
to give evidence or testimony while the
[[Page 2753]]
broadcasting of that hearing, by radio or television, is being
conducted. At the request of any such witness who does not wish to be
subjected to radio, television, or still photography coverage, all
lenses shall be covered and all microphones used for coverage turned
off. This subparagraph is supplementary to clause 2(k)(5) of this
rule, relating to the protection of the rights of witnesses.
(3) The allocation among the television media of the positions of
the number of television cameras permitted by a committee or
subcommittee chairman in a hearing or meeting room shall be in
accordance with fair and equitable procedures devised by the Executive
Committee of the Radio and Television Correspondents' Galleries.
(4) Television cameras shall be placed so as not to obstruct in any
way the space between any witness giving evidence or testimony and any
member of the committee or the visibility of that witness and that
member to each other.
(5) Television cameras shall operate from fixed positions but shall
not be placed in positions which obstruct unnecessarily the coverage
of the hearing or meeting by the other media.
(6) Equipment necessary for coverage by the television and radio
media shall not be installed in, or removed from, the hearing or
meeting room while the committee is in session.
(7) Floodlights, spotlights, strobelights, and flashguns shall not
be used in providing any method of coverage of the hearing or meeting,
except that the television media may install additional lighting in
the hearing or meeting room, without cost to the Government, in order
to raise the ambient lighting level in the hearing or meeting room to
the lowest level necessary to provide adequate television coverage of
the hearing or meeting at the then current state of the art of
television coverage.
(8) In the allocation of the number of still photographers permitted
by a committee or subcommittee chairman in a hearing or meeting room,
preference shall be given to photographers from Associated Press
Photos and United Press International Newspictures. If requests are
made by more of the media than will be permitted by a committee or
subcommittee chairman for coverage of the hearing or meeting by still
photography, that coverage shall be made on the basis of a fair and
equitable pool arrangement devised by the Standing Committee of Press
Photographers.
(9) Photographers shall not position themselves, at any time during
the course of the hearing or meeting, between the witness table and
the members of the committee.
(10) Photographers shall not place themselves in positions which
obstruct unnecessarily the coverage of the hearing by the other media.
(11) Personnel providing coverage by the television and radio media
shall be then currently accredited to the Radio and Television
Correspondents' Galleries.
(12) Personnel providing coverage by still photography shall be then
currently accredited to the Press Photographers' Gallery.
(13) Personnel providing coverage by the television and radio media
and by still photography shall conduct themselves and their coverage
activities in an orderly and unobtrusive manner.
Privileged Reports and Amendments
4. (a) The following committees shall have leave to report at any time
on the matters herein stated, namely: The Committee on Appropriations--
on general appropriation bills and on joint resolutions continuing
appropriations for a fiscal year if reported after September 15
preceding the beginning of such fiscal year; the Committee on the
Budget--on the matters required to be reported by such committee under
Titles III and IV of the Congressional Budget Act of 1974; the Committee
on House Oversight--on enrolled bills, contested elections, and all
matters referred to it of printing for the use of the House or the two
Houses, and on all matters of expenditure of the contingent fund of the
House, and on all matters relating to preservation and availability of
noncurrent records of the House under rule XXXVI; the Committee on
Rules--on rules, joint rules, and the order of business; and the
Committee on Standards of Official Conduct--on resolutions recommending
action by the House of Representatives with respect to an individual
Member, officer, or employee of the House of Representatives as a result
of any investigation by the committee relating to the official conduct
of such Member, officer, or employee of the House of Representatives.
(b) It shall always be in order to call up for consideration a report
from the Committee on Rules on a rule, joint rule, or the order of
business (except it shall not be called up for consideration on the same
day it is presented to the House, unless so determined by a vote of not
less than two-thirds of the Members voting, but this provision shall not
apply during the last three days of the session), and, pending the
consideration thereof, the Speaker may entertain one motion that the
House adjourn; but after the result is announced the Speaker shall not
entertain any other dilatory motion until the report shall have been
fully disposed of. The Committee on Rules shall not report any rule or
order which provides that business under clause 7 of rule XXIV shall be
set aside by a vote of less than two-thirds of the Members present; nor
shall it report any rule or order which would prevent the motion to
recommit from being made as provided in clause 4 of rule XVI, including
a motion to recommit with instructions to report back an amendment
otherwise in order (if offered by the minority leader or a designee),
except with respect to a Senate bill or resolution for which the text of
a House-passed measure has been substituted.
(c) The Committee on Rules shall present to the House reports
concerning rules, joint rules, and order of business, within three
legislative days of the time when the bill or resolution involved is
ordered reported by the committee. If any such rule or order is not
considered immediately, it shall be referred to the calendar and, if not
called up by the Member making the report within seven legislative days
thereafter, any member of the Rules Committee may call it up as a
question of privilege (but only on the day after the calendar day on
which such Member announces to the House his intention to do so) and the
Speaker shall recognize any member of the Rules Committee seeking
recognition for that purpose. If the Committee on Rules makes an adverse
report on any resolution pending before the committee, providing for an
order of business for the consideration by the House of any public bill
or joint resolution, on days when it shall be in order to call up
motions to discharge committees it shall be in order for any Member of
the House to call up for consideration by the House such adverse report,
and it shall be in order to move the adoption by the House of such
resolution adversely reported notwithstanding the adverse report of the
Committee on Rules, and the Speaker shall recognize the Member seeking
recognition for that purpose as a question of the highest privilege.
(d) Whenever the Committee on Rules reports a resolution repealing or
amending any of the Rules of the House of Representatives or part
thereof it shall include in its report or in an accompanying document--
(1) the text of any part of the Rules of the House of
Representatives which is proposed to be repealed; and
(2) a comparative print of any part of the resolution making such an
amendment and any part of the Rules of the House of Representatives to
be amended, showing by an appropriate typographical device the
omissions and insertions proposed to be made.
(e) Whenever the Committee on Rules reports a resolution providing for
the consideration of any measure, it shall, to the maximum extent
possible, specify in the resolution the object of any waiver of a point
of order against the measure or against its consideration.
Committee Expenses
5. (a) Whenever any committee, commission, or other entity (except the
Committee on Appropriations) is to be granted authorization for the
payment
[[Page 2754]]
of its expenses (including all staff salaries) for a Congress, such
authorization initially shall be procured by one primary expense
resolution reported by the Committee on House Oversight. Any such
primary expense resolution reported to the House shall not be considered
in the House unless a printed report on that resolution has been
available to the Members of the House for at least one calendar day
prior to the consideration of that resolution in the House. Such report
shall, for the information of the House--
(1) state the total amount of the funds to be provided to the
committee, commission or other entity under the primary expense
resolution for all anticipated activities and programs of the
committee, commission or other entity; and
(2) to the extent practicable, contain such general statements
regarding the estimated foreseeable expenditures for the respective
anticipated activities and programs of the committee, commission or
other entity as may be appropriate to provide the House with basic
estimates with respect to the expenditure generally of the funds to be
provided to the committee, commission or other entity under the
primary expense resolution.
(b) After the date of adoption by the House of any such primary
expense resolution for any such committee, commission, or other entity
for any Congress, authorization for the payment of additional expenses
(including staff salaries) in that Congress may be procured by one or
more supplemental expense resolutions reported by the Committee on House
Oversight, as necessary. Any such supplemental expense resolution
reported to the House shall not be considered in the House unless a
printed report on that resolution has been available to the Members of
the House for at least one calendar day prior to the consideration of
that resolution in the House. Such report shall, for the information of
the House--
(1) state the total amount of additional funds to be provided to the
committee, commission or other entity under the supplemental expense
resolution and the purpose or purposes for which those additional
funds are to be used by the committee, commission or other entity; and
(2) state the reason or reasons for the failure to procure the
additional funds for the committee, commission or other entity by
means of the primary expense resolution.
(c) The preceding provisions of this clause do not apply to--
(1) any resolution providing for the payment from committee salary
and expense accounts of the House of sums necessary to pay
compensation for staff services performed for, or to pay other
expenses of, any committee, commission or other entity at any time
from and after the beginning of any odd-numbered year and before the
date of adoption by the House of the primary expense resolution
providing funds to pay the expenses of that committee, commission or
other entity for that Congress; or
(2) any resolution providing in any Congress, for all of the
standing committees of the House, additional office equipment, airmail
and special delivery postage stamps, supplies, staff personnel, or any
other specific item for the operation of the standing committees, and
containing an authorization for the payment from committee salary and
expense accounts of the House of the expenses of any of the foregoing
items provided by that resolution, subject to and until enactment of
the provisions of the resolution as permanent law.
(d) From the funds made available for the appointment of committee
staff pursuant to any primary or additional expense resolution, the
chairman of each committee shall ensure that sufficient staff is made
available to each subcommittee to carry out its responsibilities under
the rules of the committee, and that the minority party is fairly
treated in the appointment of such staff.
(e) No primary expense resolution or additional expense resolution of
a committee may provide for the payment or reimbursement of expenses
incurred by any member of the committee for travel by the member after
the date of the general election of Members in which the Member is not
elected to the succeeding Congress, or in the case of a Member who is
not a candidate in such general election, the earlier of the date of
such general election or the adjournment sine die of the last regular
session of the Congress.
(f)(1) For continuance of necessary investigations and studies by--
(A) each standing committee and select committee established by
these rules; and
(B) except as provided in subparagraph (2), each select committee
established by resolution;
there shall be paid out of committee salary and expense accounts of the
House such amounts as may be necessary for the period beginning at noon
on January 3 and ending at midnight on March 31 in each odd-numbered
year.
(2) In the case of the first session of a Congress, amounts shall be
made available under this paragraph for a select committee established
by resolution in the preceding Congress only if--
(A) a reestablishing resolution for such select committee is
introduced in the present Congress; and
(B) no resolution of the preceding Congress provided for termination
of funding of investigations and studies by such select committee at
or before the end of the preceding Congress.
(3) Each committee receiving amounts under this paragraph shall be
entitled, for each month in the period specified in subparagraph (1), to
9 per centum (or such lesser per centum as may be determined by the
Committee on House Oversight) of the total annualized amount made
available under expense resolutions for such committee in the preceding
session of Congress.
(4) Payments under this paragraph shall be made on vouchers authorized
by the committee involved, signed by the chairman of such committee,
except as provided in subparagraph (5), and approved by the Committee on
House Oversight.
(5) Notwithstanding any provision of law, rule of the House, or other
authority, from noon on January 3 of the first session of a Congress,
until the election by the House of the committee involved in that
Congress, payments under this paragraph shall be made on vouchers signed
by--
(A) the chairman of such committee as constituted at the close of
the preceding Congress; or
(B) if such chairman is not a Member in the present Congress, the
ranking majority party member of such committee as constituted at the
close of the preceding Congress who is a Member in the present
Congress.
(6)(A) The authority of a committee to incur expenses under this
paragraph shall expire upon agreement by the House to a primary expense
resolution for such committee.
(B) Amounts made available under this paragraph shall be expended in
accordance with regulations prescribed by the Committee on House
Oversight.
(C) The provisions of this paragraph shall be effective only insofar
as not inconsistent with any resolution, reported by the Committee on
House Oversight and adopted after the date of adoption of these rules.
Committee Staffs
6. (a)(1)Subject to subparagraph (2) and paragraph (f), each standing
committee may appoint, by majority vote of the committee, not more than
thirty professional staff members from the funds provided for the
appointment of committee staff pursuant to primary and additional
expense resolutions. Each professional staff member appointed under this
subparagraph shall be assigned to the chairman and the ranking minority
party member of such committee, as the committee considers advisable.
(2) Subject to paragraph (f) of this clause, whenever a majority of
the minority party members of a standing committee (except the Committee
on Standards of Official Conduct and the Permanent Select Committee on
Intelligence) so request, not more than ten persons (or one-third of the
total professional committee staff appointed under this clause,
whichever is less) may be selected, by majority vote of the minority
party members, for appointment by the committee as professional staff
members from among the number authorized by subparagraph (1) of this
paragraph. The committee shall
[[Page 2755]]
appoint any persons so selected whose character and qualifications are
acceptable to a majority of the committee. If the committee determines
that the character and qualifications of any person so selected are
unacceptable to the committee, a majority of the minority party members
may select other persons for appointment by the committee to the
professional staff until such appointment is made. Each professional
staff member appointed under this subparagraph shall be assigned to such
committee business as the minority party members of the committee
consider advisable.
(b)(1) The professional staff members of each standing committee--
(A) may not engage in any work other than committee business during
congressional working hours; and
(B) may not be assigned any duties other than those pertaining to
committee business.
(2) Subparagraph (1) does not apply to any staff designated by a
committee as ``associate'' or ``shared'' staff who are not paid
exclusively by the committee, provided that the chairman certifies that
the compensation paid by the committee for any such employee is
commensurate with the work performed for the committee, in accordance
with the provisions of clause 8 of rule XLIII.
(3) The use of any ``associate'' or ``shared'' staff by any committee
shall be subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House Oversight in
connection with the reporting of any primary or additional expense
resolution.
(4) The foregoing provisions of this clause do not apply to the
Committee on Appropriations.
(c) Each employee on the professional and investigative staff of each
standing committee shall be entitled to pay at a single gross per annum
rate, to be fixed by the chairman, which does not exceed the maximum
rate of pay, as in effect from time to time, under applicable provisions
of law.
(d) Subject to appropriations hereby authorized, the Committee on
Appropriations may appoint such staff, in addition to the clerk thereof
and assistants for the minority, as it determines by majority vote to be
necessary, such personnel, other than minority assistants, to possess
such qualifications as the committee may prescribe.
(e) No committee shall appoint to its staff any experts or other
personnel detailed or assigned from any department or agency of the
Government, except with the written permission of the Committee on House
Oversight.
(f) If a request for the appointment of a minority professional staff
member under paragraph (a) is made when no vacancy exists to which that
appointment may be made, the committee nevertheless shall appoint, under
paragraph (a), the person selected by the minority and acceptable to the
committee. The person so appointed shall serve as an additional member
of the professional staff of the committee, and shall be paid from the
contingent fund, until such a vacancy (other than a vacancy in the
position of head of the professional staff, by whatever title
designated) occurs, at which time that person shall be deemed to have
been appointed to that vacancy. If such vacancy occurs on the
professional staff when seven or more persons have been so appointed who
are eligible to fill that vacancy, a majority of the minority party
members shall designate which of those persons shall fill that vacancy.
(g) Each staff member appointed pursuant to a request by minority
party members under paragraph (a) of this clause, and each staff member
appointed to assist minority party members of a committee pursuant to an
expense resolution described in paragraph (a) of clause 5, shall be
accorded equitable treatment with respect to the fixing of his or her
rate of pay, the assignment to him or her of work facilities, and the
accessibility to him or her of committee records.
(h) Paragraph (a) shall not be construed to authorize the appointment
of additional professional staff members of a committee pursuant to a
request under such paragraph by the minority party members of that
committee if ten or more professional staff members provided for in
paragraph (a)(1) who are satisfactory to a majority of the minority
party members, are otherwise assigned to assist the minority party
members.
(i) Notwithstanding paragraph (a)(2), a committee may employ
nonpartisan staff, in lieu of or in addition to committee staff
designated exclusively for the majority or minority party, upon an
affirmative vote of a majority of the members of the majority party and
a majority of the members of the minority party.
Rule XII
resident commissioner and delegates
The Resident Commissioner to the United States from Puerto Rico and
each Delegate to the House shall be elected to serve on standing
committees in the same manner as Members of the House and shall possess
in such committees the same powers and privileges as the other Members.
Rule XIII
calendars and reports of committees
1. There shall be three calendars to which all business reported from
committees shall be referred, viz:
First. A Calendar of the Committee of the Whole House on the state of
the Union, to which shall be referred bills raising revenue, general
appropriation bills, and bills of a public character directly or
indirectly appropriating money or property.
Second. A House Calendar, to which shall be referred all bills of a
public character not raising revenue nor directly or indirectly
appropriating money or property.
Third. A Calendar of the Committee of the Whole House, to which shall
be referred all bills of a private character.
2. All reports of committees, except as provided in clause 4(a) of
rule XI, together with the views of the minority, shall be delivered to
the Clerk for printing and reference to the proper calendar under the
direction of the Speaker, in accordance with the foregoing clause, and
the titles or subject thereof shall be entered on the Journal and
printed in the Record: Provided, That bills reported adversely shall be
laid on the table, unless the committee reporting a bill, at the time,
or any Member within three days thereafter, shall request its reference
to the calendar, when it shall be referred, as provided in clause 1 of
this rule.
3. Whenever a committee reports a bill or a joint resolution repealing
or amending any statute or part thereof it shall include in its report
or in an accompanying document--
(1) The text of the statute or part thereof which is proposed to be
repealed; and
(2) A comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof proposed to be
amended, showing by stricken-through type and italic, parallel
columns, or other appropriate typographical devices the omissions and
insertions proposed to be made: Provided, however, That if a committee
reports such a bill or joint resolution with amendments or an
amendment in the nature of a substitute for the entire bill, such
report shall include a comparative print showing any changes in
existing law proposed by the amendments or substitute instead of as in
the bill as introduced.
4. (a) After a bill has been favorably reported and placed on either
the Union or House Calendar, the Speaker may, after consultation with
the Minority Leader, file with the Clerk a notice requesting that such
bill also be placed upon a special calendar to be known as the
``Corrections Calendar.'' On the second and fourth Tuesdays of each
month, after the Pledge of Allegiance, the Speaker may direct the Clerk
to call the bills in numerical order which have been on the Corrections
Calendar for three legislative days.
(b) A bill so called shall be considered in the House, shall be
debatable for one hour equally divided and controlled by the chairman
and ranking minority member of the primary committee of jurisdiction
reporting the bill, and shall not be subject to amendment except those
amendments recommended by the primary committee of jurisdiction or those
offered by the chairman of the primary committee or a designee. The
previous question shall be considered as ordered on the bill and any
amendment thereto to final passage without intervening motion ex
[[Page 2756]]
cept one motion to recommit with or without instructions.
(c) A three-fifths vote of the Members voting shall be required to
pass any bill called from the Corrections Calendar but the rejection of
any such bill, or the sustaining of any point of order against it or its
consideration, shall not cause it to be removed from the Calendar to
which it was originally referred.
5. There shall also be a Calendar of Motions to Discharge Committees,
as provided in clause 3 of rule XXVII.
6. Calendars shall be printed daily.
7. (a) The report accompanying each bill or joint resolution of a
public character reported by any committee shall contain--
(1) an estimate, made by such committee, of the costs which would be
incurred in carrying out such bill or joint resolution in the fiscal
year in which it is reported, and in each of the five fiscal years
following such fiscal year (or for the authorized duration of any
program authorized by such bill or joint resolution, if less than five
years);
(2) a comparison of the estimate of costs described in subparagraph
(1) of this paragraph made by such committee with any estimate of such
costs made by any Government agency and submitted to such committee;
and
(3) when practicable, a comparison of the total estimated funding
level for the relevant program (or programs) with the appropriate
levels under current law.
(b) It shall not be in order to consider any such bill or joint
resolution in the House if the report of the committee which reported
that bill or joint resolution does not comply with paragraph (a) of this
clause.
(c) For the purposes of subparagraph (2) of paragraph (a) of this
clause, a Government agency includes any department, agency,
establishment, wholly owned Government corporation, or instrumentality
of the Federal Government or the government of the District of Columbia.
(d) The preceding provisions of this clause do not apply to the
Committee on Appropriations, the Committee on House Oversight, the
Committee on Rules, and the Committee on Standards of Official Conduct,
and do not apply where a cost estimate and comparison prepared by the
Director of the Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely submitted prior to the
filing of the report and included in the report pursuant to clause
2(l)(3)(C) of rule XI.
Rule XIV
of decorum and debate
1. When any Member desires to speak or deliver any matter to the
House, he shall rise and respectfully address himself to ``Mr.
Speaker'', and, on being recognized, may address the House from any
place on the floor or from the Clerk's desk, and shall confine himself
to the question under debate, avoiding personality. Debate may include
references to actions taken by the Senate or by committees thereof which
are a matter of public record, references to the pendency or sponsorship
in the Senate of bills, resolutions, and amendments, factual
descriptions relating to Senate action or inaction concerning a measure
then under debate in the House, and quotations from Senate proceedings
on a measure then under debate in the House and which are relevant to
the making of legislative history establishing the meaning of that
measure, but may not include characterizations of Senate action or
inaction, other references to individual Members of the Senate, or other
quotations from Senate proceedings.
2. When two or more Members rise at once, the Speaker shall name the
Member who is first to speak; and no Member shall occupy more than one
hour in debate on any question in the House or in committee, except as
further provided in this rule.
3. The Member reporting the measure under consideration from a
committee may open and close, where general debate has been had thereon;
and if it shall extend beyond one day, he shall be entitled to one hour
to close, notwithstanding he may have used an hour in opening.
4. If any Member, in speaking or otherwise, transgress the rules of
the House, the Speaker shall, or any Member may, call him to order; in
which case he shall immediately sit down, unless permitted, on motion of
another Member, to explain, and the House shall, if appealed to, decide
on the case without debate; if the decision is in favor of the Member
called to order, he shall be at liberty to proceed, but not otherwise;
and, if the case requires it, he shall be liable to censure or such
punishment as the House may deem proper.
5. If a Member is called to order for words spoken in debate, the
Member calling him to order shall indicate the words excepted to, and
they shall be taken down in writing at the Clerk's desk and read aloud
to the House; but he shall not be held to answer, nor be subject to the
censure of the House therefor, if further debate or other business has
intervened.
6. No Member shall speak more than once to the same question without
leave of the House, unless he be the mover, proposer, or introducer of
the matter pending, in which case he shall be permitted to speak in
reply, but not until every Member choosing to speak shall have spoken.
7. While the Speaker is putting a question or addressing the House no
Member shall walk out of or across the hall, nor, when a Member is
speaking, pass between him and the Chair; and during the session of the
House no Member shall wear his hat, or remain by the Clerk's desk during
the call of the roll or the counting of ballots or smoke upon the floor
of the House; and the Sergeant-at-Arms is charged with the strict
enforcement of this clause. Neither shall any person be allowed to smoke
or to use any personal, electronic office equipment (including cellular
phones and computers) upon the floor of the House at any time.
8. It shall not be in order for any Member to introduce to or to bring
to the attention of the House during its sessions any occupant in the
galleries of the House; nor may the Speaker entertain a request for the
suspension of this rule by unanimous consent or otherwise.
9. (a) The Congressional Record shall be a substantially verbatim
account of remarks made during the proceedings of the House, subject
only to technical, grammatical, and typographical corrections authorized
by the Member making the remarks involved.
(b) Unparliamentary remarks may be deleted only by permission or order
of the House.
(c) This clause establishes a standard of conduct within the meaning
of clause 4(e)(1)(B) of rule X.
Rule XV
on calls of the roll and house
1. Subject to clause 5 of this rule, upon every roll call the names of
the Members shall be called alphabetically by surname, except when two
or more have the same surname, in which case the name of the State shall
be added; and if there be two such Members from the same State, the
whole name shall be called, and after the roll has been once called, the
Clerk shall call in their alphabetical order the names of those not
voting. Members appearing after the second call, but before the result
is announced, may vote or announce a pair.
2. (a) In the absence of a quorum, fifteen Members, including the
Speaker, if there is one, shall be authorized to compel the attendance
of absent Members; and those for whom no sufficient excuse is made may,
by order of a majority of those present, subject to clause 6(e)(2) of
this rule be sent for and arrested, wherever they may be found, by
officers to be appointed by the Sergeant-at-Arms for that purpose, and
their attendance secured and retained; and the House shall determine
upon what condition they shall be discharged. Members who voluntarily
appear shall, unless the House otherwise direct, be immediately admitted
to the Hall of the House, and they shall report their names to the Clerk
to be entered upon the Journal as present.
(b) Subject to clause 5 of this rule, when a call of the House in the
absence of a quorum is ordered, the Speaker shall name one or more
clerks to tell the Members who are present. The names of those present
shall be recorded by such clerks, and shall be entered in the Journal
and the absentees noted, but the doors shall not be closed except when
so ordered by the Speaker. Members shall have not less than fif
[[Page 2757]]
teen minutes from the ordering of a call of the House to have their
presence recorded.
3. On the demand of any Member, or at the suggestion of the Speaker,
the names of Members sufficient to make a quorum in the Hall of the
House who do not vote shall be noted by the Clerk and recorded in the
Journal, and reported to the Speaker with the names of the Members
voting, and be counted and announced in determining the presence of a
quorum to do business.
4. Subject to clause 5 of this rule, whenever a quorum fails to vote
on any question, and a quorum is not present and objection is made for
that cause, unless the House shall adjourn there shall be a call of the
House, and the Sergeant-at-Arms shall forthwith proceed to bring in
absent Members, and the yeas and nays on the pending question shall at
the same time be considered as ordered. The Clerk shall call the roll,
and each Member as he answers to his name may vote on the pending
question, and, after the rollcall is completed, each Member arrested
shall be brought by the Sergeant-at-Arms before the House, whereupon he
shall be noted as present, discharged from arrest and given an
opportunity to vote and his vote shall be recorded. If those voting on
the question and those who are present and decline to vote shall
together make a majority of the House, the Speaker shall declare that a
quorum is constituted, and the pending question shall be decided as the
majority of those voting shall appear. And thereupon further proceedings
under the call shall be considered as dispensed with. At any time after
the roll call has been completed, the Speaker may entertain a motion to
adjourn, if seconded by a majority of those present, to be ascertained
by actual count by the Speaker; and if the House adjourns, all
proceedings under this section shall be vacated.
5. (a) Unless, in his discretion, the Speaker orders the calling of
the names of Members in the manner provided for under the preceding
provisions of this rule, upon any roll call or quorum call the names of
such Members voting or present shall be recorded by electronic device.
In any such case, the Clerk shall enter in the Journal and publish in
the Congressional Record, in alphabetical order in each category, a list
of names of those Members recorded as voting in the affirmative, of
those Members recorded as voting in the negative, and of those Members
answering present, as the case may be, as if their names had been called
in the manner provided for under such preceding provisions. Members
shall have not less than fifteen minutes from the ordering of the roll
call or quorum call to have their vote or presence recorded.
(b) The Speaker may, in his discretion, reduce to not less than five
minutes the time within which a rollcall vote by electronic device may
be taken--
(1) after a rollcall vote has been ordered on a motion for the
previous question, on any underlying question that follows without
intervening business;
(2) after a rollcall vote has been ordered on an amendment reported
from the Committee of the Whole House on the state of the Union, on
any subsequent amendment to that bill or resolution reported from the
Committee of the Whole; or
(3) after a rollcall vote has been ordered on a motion to recommit a
bill, resolution, or conference report thereon, on the question of
passage or adoption, as the case may be, of such bill, resolution, or
conference report thereon, if the question of passage or adoption
follows without intervening business the vote on the motion to
recommit.
6. (a) It shall not be in order to make or entertain a point of order
that a quorum is not present--
(1) before or during the offering of prayer;
(2) during the administration of the oath of office to the Speaker
or Speaker pro tempore or a Member, Delegate, or Resident
Commissioner;
(3) during the reception of any message from the President of the
United States or the United States Senate; and
(4) during the offering, consideration, and disposition of any
motion incidental to a call of the House.
(b) A quorum shall not be required in Committee of the Whole for
agreement to a motion that the Committee rise.
(c) After the presence of a quorum is once ascertained on any day on
which the House is meeting, a point of order of no quorum may not be
made or entertained--
(1) during the reading of the Journal;
(2) during the period after a Committee of the Whole has risen after
completing its consideration of a bill or resolution and before the
Chairman of the Committee has reported the bill or resolution back to
the House; and
(3) during any period of a legislative day when the Speaker is
recognizing Members (including a Delegate or Resident Commissioner) to
address the House under special orders, with no measure or matter then
under consideration for disposition by the House.
(d) When the presence of a quorum is ascertained, a further point of
order that a quorum is not present may not thereafter be made or
entertained until additional business intervenes. For purposes of this
paragraph, the term ``business'' does not include any matter,
proceeding, or period referred to in paragraph (a), (b), or (c) of this
clause for which a quorum is not required or a point of order of no
quorum may not be made or entertained.
(e)(1) Except as provided by subparagraph (2), it shall not be in
order to make or entertain a point of order that a quorum is not present
unless the Speaker has put the pending motion or proposition to a vote.
(2) Notwithstanding subparagraph (1), it shall always be in order for
a Member to move a call of the House when recognized for that purpose by
the Speaker, and when a quorum has been established pursuant to a call
of the House, further proceedings under the call shall be considered as
dispensed with unless the Speaker, in his discretion, recognizes for a
motion under clause (2)(a) of this rule or for a motion to dispense with
further proceedings under the call.
7. The yeas and nays shall be considered as ordered when the Speaker
puts the question on final passage or adoption of any bill, joint
resolution, or conference report making general appropriations or
increasing Federal income tax rates, or on final adoption of any
concurrent resolution on the budget or conference report thereon.
Rule XVI
on motions, their precedence, etc.
1. Every motion made to the House and entertained by the Speaker shall
be reduced to writing on the demand of any Member, and shall be entered
on the Journal with the name of the Member making it, unless it is
withdrawn the same day.
2. When a motion has been made, the Speaker shall state it or (if it
be in writing) cause it to be read aloud by the Clerk before being
debated, and it shall then be in possession of the House, but may be
withdrawn at any time before a decision or amendment.
3. When any motion or proposition is made, the question, Will the
House now consider it? shall not be put unless demanded by a Member.
4. When a question is under debate, no motion shall be received but to
adjourn, to lay on the table, for the previous question (which motions
shall be decided without debate), to postpone to a day certain, to
refer, or to amend, or postpone indefinitely; which several motions
shall have precedence in the foregoing order; and no motion to postpone
to a day certain, to refer, or to postpone indefinitely, being decided,
shall be again allowed on the same day at the same stage of the
question. After the previous question shall have been ordered on the
passage of a bill or joint resolution one motion to recommit shall be in
order, and the Speaker shall give preference in recognition for such
purpose to a Member who is opposed to the bill or joint resolution.
However, with respect to any motion to recommit with instructions after
the previous question shall have been ordered, it always shall be in
order to debate such motion for ten minutes before the vote is taken on
that motion, except that on demand of the floor manager for the majority
it shall be in order to debate such motion for one hour. One half of any
debate on such motions shall be given to debate by the mover of the
motion and one half to de
[[Page 2758]]
bate in opposition to the motion. It shall be in order at any time
during a day for the Speaker, in his discretion, to entertain motions
that (1) the Speaker be authorized to declare a recess; and (2) when the
House adjourns it stand adjourned to a day and time certain. Either
motion shall be of equal privilege with the motion to adjourn provided
for in this clause and shall be determined without debate.
5. The hour at which the House adjourns shall be entered on the
Journal.
6. On the demand of any Member, before the question is put, a question
shall be divided if it includes propositions so distinct in substance
that one being taken away a substantive proposition shall remain:
Provided, That any motion or resolution to elect the members or any
portion of the members of the standing committees of the House and the
joint standing committees shall not be divisible, nor shall any
resolution or order reported by the Committee on Rules, providing a
special order of business be divisible.
7. A motion to strike out and insert is indivisible, but a motion to
strike out being lost shall neither preclude amendment nor motion to
strike out and insert; and no motion or proposition on a subject
different from that under consideration shall be admitted under color of
amendment.
8. Pending a motion to suspend the rules, the Speaker may entertain
one motion that the House adjourn; but after the result thereon is
announced he shall not entertain any other motion until the vote is
taken on suspension.
9. At any time after the reading of the Journal it shall be in order,
by direction of the appropriate committees, to move that the House
resolve itself into the Committee of the Whole House on the state of the
Union for the purpose of considering general appropriation bills.
10. No dilatory motion shall be entertained by the Speaker.
Rule XVII
previous question
1. There shall be a motion for the previous question, which, being
ordered by a majority of Members voting, if a quorum be present, shall
have the effect to cut off all debate and bring the House to a direct
vote upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon a
single motion, a series of motions allowable under the rules, or an
amendment or amendments, or may be made to embrace all authorized
motions or amendments and include the bill to its passage or rejection.
It shall be in order, pending the motion for, or after the previous
question shall have been ordered on its passage, for the Speaker to
entertain and submit a motion to commit, with or without instructions,
to a standing or select committee.
2. A call of the House shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by the
Speaker that a quorum is not present.
3. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.
Rule XVIII
reconsideration
1. When a motion has been made and carried or lost, it shall be in
order for any member of the majority, on the same or succeeding day, to
move for the reconsideration thereof, and such motion shall take
precedence of all other questions except the consideration of a
conference report or a motion to adjourn, and shall not be withdrawn
after the said succeeding day without the consent of the House, and
thereafter any Member may call it up for consideration: Provided,That
such motion, if made during the last six days of a session, shall be
disposed of when made.
2. No bill, petition, memorial, or resolution referred to a committee,
or reported therefrom for printing and recommitment, shall be brought
back into the House on a motion to reconsider; and all bills, petitions,
memorials, or resolutions reported from a committee shall be accompanied
by reports in writing, which shall be printed.
Rule XIX
of amendments
When a motion or proposition is under consideration a motion to amend
and a motion to amend that amendment shall be in order, and it shall
also be in order to offer a further amendment by way of substitute, to
which one amendment may be offered, but which shall not be voted on
until the original matter is perfected, but either may be withdrawn
before amendment or decision is had thereon. Amendments to the title of
a bill or resolution shall not be in order until after its passage, and
shall be decided without debate.
Rule XX
of amendments of the senate
1. Any amendment of the Senate to any House bill shall be subject to
the point of order that it shall first be considered in the Committee of
the Whole House on the state of the Union, if, originating in the House,
it would be subject to that point: Provided, however, That a motion to
disagree with the amendments of the Senate to a House bill or resolution
and request or agree to a conference with the Senate, or a motion to
insist on the House amendments to a Senate bill or resolution and
request or agree to a conference with the Senate, shall always be in
order if the Speaker, in his discretion, recognizes for that purpose and
if the motion is made by direction of the committee having jurisdiction
of the subject matter of the bill or resolution.
2. No amendment of the Senate to a general appropriation bill which
would be in violation of the provisions of clause 2 of rule XXI, if said
amendment had originated in the House, nor any amendment of the Senate
providing for an appropriation upon any bill other than a general
appropriation bill, shall be agreed to by the managers on the part of
the House unless specific authority to agree to such amendment shall be
first given by the House by a separate vote on every such amendment.
Rule XXI
on bills
1. Bills and joint resolutions on their passage shall be read the
first time by title and the second time in full, when, if the previous
question is ordered, the Speaker shall state, the question to be: Shall
the bill be engrossed and read a third time? and, if decided in the
affirmative, it shall be read the third time by title, and the question
shall then be put upon its passage.
2. (a) No appropriation shall be reported in any general appropriation
bill, or shall be in order as an amendment thereto, for any expenditure
not previously authorized by law, except to continue appropriations for
public works and objects which are already in progress.
(b) No provision changing existing law shall be reported in any
general appropriation bill except germane provisions which retrench
expenditures by the reduction of amounts of money covered by the bill,
which may include those recommended to the Committee on Appropriations
by direction of any legislative committee having jurisdiction over the
subject matter thereof, and except rescissions of appropriations
contained in appropriations Acts.
(c) No amendment to a general appropriation bill shall be in order if
changing existing law. Except as provided in paragraph (d), no amendment
shall be in order during consideration of a general appropriation bill
proposing a limitation not specifically contained or authorized in
existing law for the period of the limitation.
(d) After a general appropriation bill has been read for amendment and
amendments not precluded by paragraphs (a) or (c) of this clause have
been considered, motions that the Committee of the Whole rise and report
the bill to the House with such amendments as may have been adopted
shall, if offered by the majority leader or a designee, have precedence
over motions to further amend the bill. If any such motion is rejected,
amendments proposing limitations not specifically contained or
authorized in existing law for the period of the limitation or proposing
germane amendments which retrench expenditures by reduction of amounts
of money covered by the bill may be considered; but after the vote on
any such amendment, the privileged
[[Page 2759]]
motion made in order under this paragraph may be renewed.
(e) No provision shall be reported in any appropriation bill or joint
resolution containing an emergency designation for purposes of section
251(b)(2)(D) or section 252(e) of the Balanced Budget and Emergency
Deficit Control Act, or shall be in order as an amendment thereto, if
the provision or amendment is not designated as an emergency, unless the
provision or amendment rescinds budget authority or reduces direct
spending, or reduces an amount for a designated emergency.
(f) During the reading of any appropriation bill for amendment in the
Committee of the Whole, it shall be in order to consider en bloc
amendments proposing only to transfer appropriations among objects in
the bill without increasing the levels of budget authority or outlays in
the bill. When considered en bloc pursuant to this paragraph, such
amendments may amend portions of the bill not yet read for amendment
(following the disposition of any points of order against such portions)
and shall not be subject to a demand for division of the question in the
House or in the Committee of the Whole.
3. A report from the Committee on Appropriations accompanying any
general appropriation bill making an appropriation for any purpose shall
contain a concise statement describing fully the effect of any provision
of the accompanying bill which directly or indirectly changes the
application of existing law, and shall contain a list of all
appropriations contained in the bill for any expenditure not previously
authorized by law (except for classified intelligence or national
security programs, projects, or activities).
4. No bill for the payment or adjudication of any private claim
against the Government shall be referred, except by unanimous consent,
to any other than the following committees, namely: To the Committee on
International Relations or to the Committee on the Judiciary.
5. (a) No bill or joint resolution carrying appropriations shall be
reported by any committee not having jurisdiction to report
appropriations, nor shall an amendment proposing an appropriation be in
order during the consideration of a bill or joint resolution reported by
a committee not having that jurisdiction. A question of order on an
appropriation in any such bill, joint resolution, or amendment thereto
may be raised at any time.
(b) No bill or joint resolution carrying a tax or tariff measure shall
be reported by any committee not having jurisdiction to report tax and
tariff measures, nor shall an amendment in the House or proposed by the
Senate carrying a tax or tariff measure be in order during the
consideration of a bill or joint resolution reported by a committee not
having that jurisdiction. A question of order on a tax or tariff measure
in any such bill, joint resolution, or amendment thereto may be raised
at any time.
(c) No bill or joint resolution, amendment, or conference report
carrying a Federal income tax rate increase shall be considered as
passed or agreed to unless so determined by a vote of not less than
three-fifths of the Members voting.
(d) It shall not be in order to consider any bill, joint resolution,
amendment, or conference report carrying a retroactive Federal income
tax rate increase. For purposes of this paragraph a Federal income tax
rate increase is retroactive if it applies to a period beginning prior
to the enactment of the provision.
6. No general appropriation bill or amendment thereto shall be
received or considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this provision shall
not apply to appropriations in continuation of appropriations for public
works on which work has commenced, and shall not apply to transfers of
unexpended balances within the department or agency for which they were
originally appropriated, reported by the Committee on Appropriations.
7. No general appropriation bill shall be considered in the House
until printed committee hearings and a committee report thereon have
been available for the Members of the House for at least three calendar
days (excluding Saturdays, Sundays, or legal holidays except when the
House is in session on such a day).
8. At the time any appropriation bill is reported, all points of order
shall be considered as reserved.
Rule XXII
of petitions, memorials, bills, and resolutions
1. Members having petitions or memorials or bills of a private nature
to present may deliver them to the Clerk, endorsing their names and the
reference or disposition to be made thereof; and said petitions and
memorials and bills of a private nature, except such as, in the judgment
of the Speaker, are of an obscene or insulting character, shall be
entered on the Journal, with the names of the Members presenting them,
and the Clerk shall furnish a transcript of such entry to the official
reporters of debates for publication in the Record.
2. (a) No private bill or resolution (including so-called omnibus
claims or pension bills), and no amendment to any bill or resolution,
authorizing or directing (1) the payment of money for property damages,
for personal injuries or death for which suit may be instituted under
the Tort Claims Procedure as provided in title 28, United States Code,
or for a pension (other than to carry out a provision of law or treaty
stipulation); (2) the construction of a bridge across a navigable
stream; or (3) the correction of a military or naval record, shall be
received or considered in the House.
(b)(1) No bill or resolution, and no amendment to any bill or
resolution, establishing or expressing any commemoration may be
introduced or considered in the House.
(2) For purposes of this paragraph, the term ``commemoration'' means
any remembrance, celebration, or recognition for any purpose through the
designation of a specified period of time.
3. Any petition or memorial or bill or resolution excluded under this
rule shall be returned to the Member from whom it was received; and
petitions and private bills which have been inappropriately referred
may, by the direction of the committee having possession of the same, be
properly referred in the manner originally presented; and an erroneous
reference of a petition or private bill under this clause shall not
confer jurisdiction upon the committee to consider or report the same.
4. (a) All other bills, memorials, and resolutions may, in like
manner, be delivered, indorsed with the names of Members introducing
them, to the Speaker, to be by him referred, and the titles and
references thereof and of all bills, resolutions, and documents referred
under the rules shall be entered on the Journal and printed in the
Record of the next day, and correction in case of error of reference may
be made by the House, without debate, in accordance with rule X, on any
day immediately after the reading of the Journal, by unanimous consent,
or on motion of a committee claiming jurisdiction, or on the report of
the committee to which the bill has been erroneously referred. Two or
more Members may introduce jointly any bill, or resolution to which this
paragraph applies.
(b)(1) The name of any Member shall be added as a sponsor of any bill
or resolution to which paragraph (a) applies, and shall appear as a
sponsor in the next printing of that bill or resolution: Provided, That
a request signed by such Member is submitted by the first sponsor to the
Speaker (in the same manner as provided in paragraph (a)) no later than
the day on which the last committee authorized to consider and report
such bill or resolution reports it to the House.
(2) The name of any Member listed as a sponsor of any such bill or
resolution may be deleted by unanimous consent, but only at the request
of such Member, and such deletion shall be indicated in the next
printing of the bill or resolution (together with the date on which such
name was deleted). Such consent may be granted no later than the day on
which the last committee authorized to consider and report such bill or
resolution reports it to the House: Provided, however, That the Speaker
shall not entertain a request to delete the name of the first sponsor of
any bill or resolution.
(3) The addition of the name of any Member, or the deletion of any
name by unanimous consent, of a sponsor of
[[Page 2760]]
any such bill or resolution shall be entered on the Journal and printed
in the Record of that day.
(4) Any such bill or resolution shall be reprinted (A) if the Member
whose name is listed as the first sponsor submits to the Speaker a
written request that it be reprinted, and (B) if twenty or more Members
have been added as sponsors of that bill or resolution since it was last
printed.
5. All resolutions of inquiry addressed to the heads of executive
departments shall be reported to the House within fourteen legislative
days after presentation.
6. When a bill, resolution, or memorial is introduced ``by request'',
these words shall be entered upon the Journal and printed in the Record.
Rule XXIII
of committees of the whole house
1. (a) In all cases, in forming a Committee of the Whole House, the
Speaker shall leave his chair after appointing a Member as Chairman to
preside, who shall, in case of disturbance or disorderly conduct in the
galleries or lobby, have power to cause the same to be cleared.
(b) After the House has adopted a special order of business resolution
reported by the Committee on Rules providing for the consideration of a
measure in the Committee of the Whole House on the state of the Union,
the Speaker may at any time within his discretion, when no question is
pending before the House, declare the House resolved into the committee
of the Whole House on the state of the Union for the consideration of
that measure without intervening motion, unless the resolution in
question provides otherwise.
2. (a) A quorum of a Committee of the Whole shall consist of one
hundred Members. The first time that a Committee of the Whole finds
itself without a quorum during any day, the Chairman shall invoke the
procedure for the call of the roll under clause 5 of rule XV, unless, in
his discretion, he orders a call of the Committee to be taken by the
procedure set forth in clause 1 or clause 2(b) of rule XV: Provided,
That the Chairman may in his discretion refuse to entertain a point of
order that a quorum is not present during general debate only. If on
such call, a quorum shall appear, the Committee shall continue its
business; but if a quorum does not appear, the Committee shall rise and
the Chairman shall report the names of the absentees to the House. After
the roll has been once called to establish a quorum during such day, the
Chairman may not entertain a point of order that a quorum is not present
unless the Committee is operating under the five-minute rule and the
Chairman has put the pending motion or proposition to a vote; and if the
Chairman sustains a point of order that a quorum is not present after
putting the question on such a motion or proposition, he may announce
that following a regular quorum call conducted pursuant to the previous
provisions of this clause, he will reduce to not less than five minutes
the period of time within which a recorded vote on the pending question
may be taken if such a vote is ordered. If, at any time during the
conduct of any quorum call in a Committee of the Whole, the Chairman
determines that a quorum is present, he may, in his discretion and
subject to his prior announcement, declare that a quorum is constituted.
Proceedings under the call shall then be considered as vacated, and the
Committee shall not rise but shall continue its sitting and resume its
business.
(b) In the Committee of the Whole, the Chair shall order a recorded
vote on request supported by at least twenty-five Members.
(c) In the Committee of the Whole, the Chairman may, in his
discretion, reduce to not less than five minutes the period of time
within which a rollcall vote by electronic device may be taken without
any intervening business or debate on any or all pending amendments
after the vote has been taken on the first pending amendment.
3. All motions or propositions involving a tax or charge upon the
people, all proceedings touching appropriations of money, or bills
making appropriations of money or property, or requiring such
appropriation to be made, or authorizing payments out of appropriations
already made, or releasing any liability to the United States for money
or property, or referring any claim to the Court of Claims, shall be
first considered in a Committee of the Whole, and a point of order under
this rule shall be good at any time before the consideration of a bill
has commenced.
4. In Committees of the Whole House business on their calendars may be
taken up in regular order, or in such order as the committee may
determine, unless the bill to be considered was determined by the House
at the time of going into committee, but bills for raising revenue,
general appropriation bills, and bills for the improvement of rivers and
harbors shall have precedence.
5. (a) When general debate is closed by order of the House, any Member
shall be allowed five minutes to explain any amendment he may offer,
after which the Member who shall first obtain the floor shall be allowed
to speak five minutes in opposition to it, and there shall be no further
debate thereon, but the same privilege of debate shall be allowed in
favor of and against any amendment that may be offered to an amendment;
and neither an amendment nor an amendment to an amendment shall be
withdrawn by the mover thereof unless by the unanimous consent of the
committee. Upon the offering of any amendment by a Member, when the
House is meeting in the Committee of the Whole, the Clerk shall promptly
transmit to the majority committee table five copies of the amendment
and five copies to the minority committee table. Further, the Clerk
shall deliver at least one copy of the amendment to the majority cloak
room and at least one copy to the minority cloak room.
(b) It shall be in order to move in the Committee of the Whole to
dispense with the reading of an amendment if the amendment has been
printed in the bill as reported from a committee, or if any Member shall
have caused the amendment to be printed in the Congressional Record, and
to be submitted to the Clerk, or to any responsible staff member
designated by the Chairman, of the reporting committee or committees, at
least one day prior to floor consideration, and said motion shall be
decided without debate.
(c) In the consideration of any measure for amendment in the Committee
of the Whole containing any Federal mandate the direct costs of which
exceed the threshold in section 424(a)(1) of the Congressional Budget
Act of 1974, it shall always be in order, unless specifically waived by
terms of a rule governing consideration of that measure, to move to
strike such Federal mandate from the portion of the bill then open to
amendment.
6. The committee may, by the vote of a majority of the members
present, at any time after the five minutes' debate has begun upon
proposed amendments to any section or paragraph of a bill, close all
debate upon such section or paragraph or, at its election, upon the
pending amendments only (which motion shall be decided without debate);
but this shall not preclude further amendment, to be decided without
debate. However, if debate is closed on any section or paragraph under
this clause before there has been debate on any amendment which any
Member shall have caused to be printed in the Congressional Record after
the reporting of the bill by the committee but at least one day prior to
floor consideration of such amendment, the Member who caused such
amendment to be printed in the Record shall be given five minutes in
which to explain such amendment, after which the first person to obtain
the floor shall be given five minutes in opposition to it, and there
shall be no further debate thereon; but such time for debate shall not
be allowed when the offering of such amendment is dilatory. Material
placed in the Record pursuant to this provision shall indicate the full
text of the proposed amendment, the name of the proponent Member, the
number of the bill to which it will be offered and the point in the bill
or amendment thereto where the amendment is intended to be offered, and
shall appear in a portion of the Record designated for that purpose. All
amendments to a specified measure submitted for printing in that portion
of the Record shall be given numerical designations in the order
printed.
7. A motion to strike out the enacting words of a bill shall have
precedence of a motion to amend, and, if
[[Page 2761]]
carried, shall be considered equivalent to its rejection. Whenever a
bill is reported from a Committee of the Whole with an adverse
recommendation and such recommendation is disagreed to by the House, the
bill shall stand recommitted to the said committee without further
action by the House, but before the question of concurrence is submitted
it is in order to entertain a motion to refer the bill to any committee,
with or without instructions, and when the same is again reported to the
House it shall be referred to the Committee of the Whole without debate.
8. At the conclusion of general debate in a Committee of the Whole on
any concurrent resolution on the budget pursuant to section 305(a) of
the Congressional Budget Act of l974, the concurrent resolution shall be
considered as having been read for amendment. It shall not be in order
in the House or in a Committee of the Whole to consider an amendment to
a concurrent resolution on the budget, or any amendment to an amendment
thereto, unless the concurrent resolution as amended by such amendment
or amendments: (a) would be mathematically consistent (except to the
extent that the amendment involved is limited by the third sentence of
this clause); and (b) would contain all the matter set forth in
paragraphs (1) through (5) of section 301(a) of the Congressional Budget
Act of 1974. It shall not be in order in the House or in a Committee of
the Whole to consider an amendment to a concurrent resolution on the
budget, or any amendment to an amendment thereto, which changes the
amount of the appropriate level of the public debt set forth in the
concurrent resolution as reported; except that the amendments to achieve
mathematical consistency which are permitted under section 305(a)(6) of
the Congressional Budget Act of 1974 may include an amendment, offered
by or at the direction of the Committee on the Budget, to adjust the
amount of such level to reflect any changes made in the other figures
contained in the resolution.
9. The rules of proceeding in the House shall be observed in
Committees of the Whole House so far as they may be applicable.
Rule XXIV
order of business
1. The daily order of business shall be as follows:
First. Prayer by the Chaplain.
Second. Reading and approval of the Journal, unless postponed pursuant
to the provisions of clause 5(b)(1) of rule I.
Third. The Pledge of Allegiance to the Flag.
Fourth. Correction of reference of public bills.
Fifth. Disposal of business on the Speaker's table.
Sixth. Unfinished business.
Seventh. The morning hour for the consideration of bills called up by
committees.
Eighth. Motions to go into Committee of the Whole House on the state
of the Union.
Ninth. Orders of the day.
2. Business on the Speaker's table shall be disposed of as follows:
Messages from the President shall be referred to the appropriate
committees without debate. Reports and communications from heads of
departments, and other communications addressed to the House, and bills,
resolutions, and messages from the Senate may be referred to the
appropriate committees in the same manner and with the same right of
correction as public bills presented by Members; but House bills with
Senate amendments which do not require consideration in a Committee of
the Whole may be at once disposed of as the House may determine, as may
also Senate bills substantially the same as House bills already
favorably reported by a committee of the House, and not required to be
considered in Committee of the Whole, be disposed of in the same manner
on motion directed to be made by such committee.
3. The consideration of the unfinished business in which the House may
be engaged at an adjournment, except business in the morning hour, shall
be resumed as soon as the business on the Speaker's table is finished,
and at the same time each day thereafter until disposed of, and the
consideration of all other unfinished business shall be resumed whenever
the class of business to which it belongs shall be in order under the
rules.
4. After the unfinished business has been disposed of, the Speaker
shall call each standing committee in regular order, and then select
committees, and each committee when named may call up for consideration
any bill reported by it on a previous day and on the House Calendar, and
if the Speaker shall not complete the call of the committees before the
House passes to other business, he shall resume the next call where he
left off, giving preference to the last bill under consideration:
Provided, That whenever any committee shall have occupied the morning
hour on two days, it shall not be in order to call up any other bill
until the other committees have been called in their turn.
5. After one hour shall have been devoted to the consideration of
bills called up by committees, it shall be in order, pending
consideration or discussion thereof, to entertain a motion to go into
Committee of the Whole House on the state of the Union, or, when
authorized by a committee, to go into the Committee of the Whole House
on the state of the Union to consider a particular bill, to which motion
one amendment only, designating another bill, may be made; and if either
motion be determined in the negative, it shall not be in order to make
either motion again until the disposal of the matter under consideration
or discussion.
6. On the first Tuesday of each month after disposal of such business
on the Speaker's table as requires reference only, the Speaker shall
direct the Clerk to call the bills and resolutions on the Private
Calendar. Should objection be made by two or more Members to the
consideration of any bill or resolution so called, it shall be
recommitted to the committee which reported the bill or resolution, and
no reservation of objection shall be entertained by the Speaker. Such
bills and resolutions, if considered, shall be considered in the House
as in the Committee of the Whole. No other business shall be in order on
this day unless the House, by two-thirds vote on motion to dispense
therewith, shall otherwise determine. On such motion debate shall be
limited to five minutes for and five minutes against said motion.
On the third Tuesday of each month after the disposal of such business
on the Speaker's table as requires reference only, the Speaker may
direct the Clerk to call the bills and resolutions on the Private
Calendar, preference to be given to omnibus bills containing bills or
resolutions which have previously been objected to on a call of the
Private Calendar. All bills and resolutions on the Private Calendar so
called, if considered, shall be considered in the House as in the
Committee of the Whole. Should objection be made by two or more Members
to the consideration of any bill or resolution other than an omnibus
bill, it shall be recommitted to the committee which reported the bill
or resolution and no reservation of objection shall be entertained by
the Speaker.
Omnibus bills shall be read for amendment by paragraph, and no
amendment shall be in order except to strike out or to reduce amounts of
money stated or to provide limitations. Any item or matter stricken from
an omnibus bill shall not thereafter during the same session of Congress
be included in any omnibus bill.
Upon passage of any such omnibus bill, said bill shall be resolved
into the several bills and resolutions of which it is composed, and such
original bills and resolutions, with any amendments adopted by the
House, shall be engrossed, where necessary, and proceedings thereon had
as if said bills and resolutions had been passed in the House severally.
In the consideration of any omnibus bill the proceedings as set forth
above shall have the same force and effect as if each Senate and House
bill or resolution therein contained or referred to were considered by
the House as a separate and distinct bill or resolution.
7. On Wednesday of each week no business shall be in order except as
provided by clause 4 of this rule unless the House by a two-thirds vote
on motion to dispense therewith shall otherwise determine. On such a
motion there may be debate not to exceed five minutes for and against.
On a call of committees under this rule bills may be called up from
either the House or the Union Calendar, excepting bills which
[[Page 2762]]
are privileged under the rules; but bills called up from the Union
Calendar shall be considered in the Committee of the Whole House on the
state of the Union. This rule shall not apply during the last 2 weeks of
the session. It shall not be in order for the Speaker to entertain a
motion for a recess on any Wednesday except during the last 2 weeks of
the session: Provided, That not more that 2 hours of general debate
shall be permitted on any measure called up on Calendar Wednesday, and
all debate must be confined to the subject matter of the bill, the time
to be equally divided between those for and against the bill: Provided
further, That whenever any committee shall have occupied one Wednesday
it shall not be in order, unless the House by a two-thirds vote shall
otherwise determine, to consider any unfinished business previously
called up by such committee, unless the previous question had been
ordered thereon, upon any succeeding Wednesday until the other
committees have been called in their turn under this rule: Provided,
That when, during any one session of a Congress, all of the committees
of the House are not called under the Calendar Wednesday rule, at the
next session of that Congress, the call shall commence where it left off
at the end of the preceding session.
8. The second and fourth Mondays in each month, after the disposition
of motions to discharge committees and after the disposal of such
business on the Speaker's table as requires reference only, shall, when
claimed by the Committee on Government Reform and Oversight, be set
apart for the consideration of such business relating to the District of
Columbia as may be presented by said committee.
Rule XXV
priority of business
All questions relating to the priority of business shall be decided by
a majority without debate.
Rule XXVI
unfinished business of the session
All business before committees of the House at the end of one session
shall be resumed at the commencement of the next session of the same
Congress in the same manner as if no adjournment had taken place.
Rule XXVII
change or suspension of rules
1. No rule shall be suspended except by a vote of two-thirds of the
Members voting, a quorum being present; nor shall the Speaker entertain
a motion to suspend the rules except on Mondays and Tuesdays, and during
the last six days of a session.
2. When a motion to suspend the rules has been submitted to the House,
it shall be in order, before the final vote is taken thereon, to debate
the proposition to be voted upon for forty minutes, one-half of such
time to be given to debate in favor of, and one-half to debate in
opposition to, such proposition; and the same right of debate shall be
allowed whenever the previous question has been ordered on any
proposition on which there has been no debate.
3. A Member may present to the Clerk a motion in writing to discharge
a committee from the consideration of a public bill or resolution which
has been referred to it thirty days prior thereto (but only one motion
may be presented for each bill or resolution). Under this rule it shall
also be in order for a Member to file a motion to discharge the
Committee on Rules from further consideration of any resolution
providing either a special order of business, or a special rule for the
consideration of any public bill or resolution favorably reported by a
standing committee, or a special rule for the consideration of a public
bill or resolution which has remained in a standing committee thirty or
more days without action: Provided, That said resolution from which it
is moved to discharge the Committee on Rules has been referred to that
committee at least seven days prior to the filing of the motion to
discharge. The motion shall be placed in the custody of the Clerk, who
shall arrange some convenient place for the signature of Members. A
signature may be withdrawn by a Member in writing at any time before the
motion is entered on the Journal. Once a motion to discharge has been
filed, the Clerk shall make the signatures a matter of public record.
The Clerk shall cause the names of the Members who have signed a
discharge motion during any week to be published in a portion of the
Congressional Record designated for that purpose on the last legislative
day of that week. The Clerk shall make available each day for public
inspection in an appropriate office of the House cumulative lists of
such names. The Clerk shall devise a means by which to make such lists
available to offices of the House and to the public in electronic form.
When a majority of the total membership of the House shall have signed
the motion, it shall be entered on the Journal, printed with the
signatures thereto in the Congressional Record, and referred to the
Calendar of Motions to Discharge Committees.
On the second and fourth Mondays of each month, except during the last
six days of any session of Congress, immediately after the approval of
the Journal, any Member who has signed a motion to discharge which has
been on the calendar at least seven days prior thereto, and seeks
recognition, shall be recognized for the purpose of calling up the
motion, and the House shall proceed to its consideration in the manner
herein provided without intervening motion except one motion to adjourn.
Recognition for the motions shall be in the order in which they have
been entered on the Journal.
When any motion under this rule shall be called up, the bill or
resolution shall be read by title only. After twenty minutes' debate,
one-half in favor of the proposition and one-half in opposition thereto,
the House shall proceed to vote on the motion to discharge. If the
motion prevails to discharge the Committee on Rules from any resolution
pending before the committee, the House shall immediately consider such
resolution, the Speaker not entertaining any dilatory motion except one
motion to adjourn, and, if such resolution is adopted, the House shall
immediately proceed to its execution. If the motion prevails to
discharge one of the standing committees of the House from any public
bill or resolution pending before the committee, it shall then be in
order for any Member who signed the motion to move that the House
proceed to the immediate consideration of such bill or resolution (such
motion not being debatable), and such motion is hereby made of high
privilege; and if it shall be decided in the affirmative, the bill shall
be immediately considered under the general rules of the House, and if
unfinished before adjournment of the day on which it is called up it
shall remain the unfinished business until it is fully disposed of.
Should the House by vote decide against the immediate consideration of
such bill or resolution, it shall be referred to its proper calendar and
be entitled to the same rights and privileges that it would have had had
the committee to which it was referred duly reported same to the House
for its consideration: Provided, That when any perfected motion to
discharge a committee from the consideration of any public bill or
resolution has once been acted upon by the House it shall not be in
order to entertain during the same session of Congress any other motion
for the discharge from that committee of said measure, or from any other
committee of any other bill or resolution substantially the same,
relating in substance to or dealing with the same subject matter, or
from the Committee on Rules of a resolution providing a special order of
business for the consideration of any other such bill or resolution, in
order that such action by the House on a motion to discharge shall be
res adjudicata for the remainder of that session: Provided further, That
if before any one motion to discharge a committee has been acted upon by
the House there are on the Calendar of Motions to Discharge Committees
other motions to discharge committees from the consideration of bills or
resolutions substantially the same, relating in substance to or dealing
with the same subject matter, after the House shall have acted on one
motion to discharge, the remaining said motions shall be stricken from
the Calendar of Motions to Discharge Committees and not acted on during
the remainder of that session of Congress.
Rule XXVIII
conference reports
1. (a) The presentation of reports of committees of conference shall
always
[[Page 2763]]
be in order, except when the Journal is being read, while the roll is
being called, or the House is dividing on any proposition.
(b) The time allotted for debate on any motion to instruct House
conferees shall be equally divided between the majority and minority
parties, except that if the proponent of the motion and the Member from
the other party are both supporters of the motion, one-third of such
debate time shall be allotted to a Member who is opposed to said motion.
(c) After House conferees on any bill or resolution in conference
between the House and Senate shall have been appointed for twenty
calendar days and shall have failed to make a report, it is hereby
declared to be a motion of the highest privilege to move to discharge
said House conferees and to appoint new conferees, or to instruct said
House conferees (but in either case only at a time or place designated
by the Speaker in the legislative schedule of the day after the calendar
day on which the Member offering the motion announces to the House his
intention to do so and the form of the motion); and, further, during the
last six days of any session of Congress, it shall be a privileged
motion to move to discharge, appoint, or instruct, House conferees after
House conferees shall have been appointed thirty-six hours without
having made a report.
(d) Each report made by a committee of conference to the House shall
be printed as a report of the House. As so printed, such report shall be
accompanied by an explanatory statement prepared jointly by the
conferees on the part of the House and the conferees on the part of the
Senate. Such statement shall be sufficiently detailed and explicit to
inform the House as to the effect which the amendments or propositions
contained in such report will have upon the measure to which those
amendments or propositions relate.
2. (a) It shall not be in order to consider the report of a committee
of conference until the third calendar day (excluding Saturdays,
Sundays, or legal holidays except when the House is in session on such a
day) after such report and the accompanying statement shall have been
filed in the House, and such consideration then shall be in order only
if such report and accompanying statement shall have been printed in the
daily edition of the Congressional Record for the day on which such
report and statement shall have been filed; but the preceding provisions
of this sentence do not apply during the last six days of the session.
Nor shall it be in order to consider any conference report unless copies
of the report and accompanying statement have been available to Members
for at least two hours before the beginning of such consideration:
Provided, however, That it shall always be in order to call up for
consideration, notwithstanding the provisions of clause 4(b) of rule XI,
a report from the Committee on Rules only making in order the
consideration of a conference report notwithstanding this restriction.
The time allotted for debate in the consideration of any such report
shall be equally divided between the majority party and the minority
party, except that if the floor manager for the majority and the floor
manager for the minority are both supporters of the conference report,
one third of such debate time shall be allotted to a Member who is
opposed to said conference report.
(b)(1) It shall not be in order to consider any amendment (including
an amendment in the nature of a substitute) proposed by the Senate to
any measure reported in disagreement between the two Houses by a report
of a committee of conference that the committee has been unable to
agree, until the third calendar day (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a day) after
such report and accompanying statement shall have been filed in the
House, and such consideration then shall be in order only if such report
and accompanying statement shall have been printed in the daily edition
of the Congressional Record for the day on which such report and
statement shall have been filed; but the preceding provisions of this
sentence do not apply during the last six days of the session. Nor shall
it be in order to consider any such amendment unless copies of the
report and accompanying statement, together with the text of such
amendment, have been available to Members for at least two hours before
the beginning of such consideration: Provided, however, That it shall
always be in order to call up for consideration, notwithstanding the
provisions of clause 4(b) of rule XI, a report from the Committee on
Rules only making in order the consideration of such an amendment
notwithstanding this restriction. The time allotted for debate on any
such amendment shall be equally divided between the majority party and
the minority party, except that if the floor manager for the majority
and the floor manager for the minority are both supporters of the
original motion offered by the floor manager for the majority to dispose
of the amendment, one third of such debate time shall be allotted to a
Member who is opposed to said motion.
(2) During consideration of such an amendment to a general
appropriation bill, if the original motion offered by the floor manager
proposes to change existing law, then pending such original motion and
before debate thereon one motion to insist on disagreement to the
amendment proposed by the Senate shall be preferential to any other
motion to dispose of that amendment if offered by the chairman of a
committee having jurisdiction of the subject matter of the amendment or
by a designee. Such a preferential motion shall be separately debatable
for one hour equally divided between its proponent and the proponent of
the original motion. The previous question shall be considered as
ordered on such a preferential motion to its adoption without
intervening motion.
(c) Any conference report and Senate amendment in disagreement which
has been available as provided in paragraphs (a) and (b) of this clause
shall be considered as having been read when called up for
consideration.
3. Whenever a disagreement to an amendment in the nature of a
substitute has been committed to a conference committee it shall be in
order for the Managers on the part of the House to propose a substitute
which is a germane modification of the matter in disagreement, but the
introduction of any language in that substitute presenting a specific
additional topic, question, issue, or proposition not committed to the
conference committee by either House shall not constitute a germane
modification of the matter in disgreement. Moreover, their report shall
not include matter not committed to the conference committee by either
House, nor shall their report include a modification of any specific
topic, question, issue, or proposition committed to the conference
committee by either or both Houses if that modification is beyond the
scope of that specific topic, question, issue, or proposition as so
committed to the conference committee.
4. (a) With respect to any report of a committee of conference called
up before the House containing any matter which would be in violation of
the provisions of clause 7 of rule XVI if such matter had been offered
as an amendment in the House, and which--
(1) is contained in any Senate amendment to that measure (including
a Senate amendment in the nature of substitute for the text of that
measure as passed by the House) accepted by the House conferees or
agreed to by the conference committee with modification; or
(2) is contained in any substitute agreed to by the conference
committee;
it shall be in order, at any time after the reading of the report has
been completed or dispensed with and before the reading of the
statement, or immediately upon consideration of a conference report if
clause 2(c) of this rule applies, to make a point of order that such
nongermane matter, as described above, which shall be specified in the
point of order, is contained in the report. For the purposes of this
clause, matter which--
(A) is contained in any substitute agreed to by the conference
committee;
(B) is not proposed by the House to be included in the measure
concerned as passed by the House; and
(C) would be in violation of clause 7 of rule XVI if such matter had
been offered in the House as an amendment to the provisions of that
measure as so proposed in the form passed by the House;
[[Page 2764]]
shall be considered in violation of such clause 7.
(b) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(c) Notwithstanding the final disposition of any point of order made
under paragraph (a), or of any motion to reject made pursuant to a point
of order under paragraph (b), of this clause, it shall be in order to
make further points of order on the ground stated in such paragraph (a),
and motions to reject pursuant thereto under such paragraph (b), with
respect to other nongermane matter in the report of the committee of
conference not covered by any previous point of order which has been
sustained.
(d) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this clause, the conference report shall be
considered as rejected and the question then pending before the House
shall be--
(1) whether to recede and concur in the Senate amendment with an
amendment which shall consist of that portion of the conference report
not rejected; or
(2) if the last sentence of paragraph (a) of this clause applies,
whether to insist further on the House amendment.
If all such motions to reject are defeated, then, after the allocation
of time for debate on the conference report as provided in clause 2(a)
of this rule, it shall be in order to move the previous question on the
adoption of the conference report.
5. (a)(1) With respect to any amendment (including an amendment in the
nature of a substitute) which--
(A) is proposed by the Senate to any measure and thereafter--
(i) is reported in disagreement between the two Houses by a
committee of conference; or
(ii) is before the House, the stage of disagreement having been
reached; and
(B) contains any matter which would be in violation of the
provisions of clause 7 of rule XVI if such matter had been offered as
an amendment in the House;
it shall be in order, immediately after a motion is offered that the
House recede from its disagreement to such amendment proposed by the
Senate and concur therein and before debate is commenced on such motion,
to make a point of order that such nongermane matter, as described
above, which shall be specified in the point of order, is contained in
such amendment proposed by the Senate.
(2) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(3) Notwithstanding the final disposition of any point of order made
under subparagraph (1), or of any motion to reject made pursuant to a
point of order under subparagraph (2), of this paragraph, it shall be in
order to make further points of order on the ground stated in such
subparagraph (1), and motions to reject pursuant thereto under such
subparagraph (2), with respect to other nongermane matter in the
amendment proposed by the Senate not covered by any previous point of
order which has been sustained.
(4) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this clause, the motion to recede and concur
shall be considered as rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be
amended by such motion, are then available on the floor when such
motion is offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request
a further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all
such motions to reject are defeated, then, after the allocation of time
for debate on the motion to recede and concur as provided in clause 2(b)
of this rule, it shall be in order to move the previous question on such
motion.
(b)(1) With respect to any such amendment proposed by the Senate as
described in paragraph (a) of this clause, it shall not be in order to
offer any motion that the House recede from its disagreement to such
Senate amendment and concur therein with an amendment, unless copies of
the language of the Senate amendment, as proposed to be amended by such
motion, are then available on the floor when such motion is offered and
is under consideration.
(2) Immediately after any such motion is offered and is in order and
before debate is commenced on such motion, it shall be in order to make
a point of order that nongermane matter, as described in subparagraph
(1) of paragraph (a) of this clause, which shall be specified in the
point of order, is contained in the language of the Senate amendment, as
proposed to be amended by such motion, copies of which are then
available on the floor.
(3) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(4) Notwithstanding the final disposition of any point of order under
subparagraph (2), or of any motion to reject made pursuant to a point of
order under subparagraph (3), of this paragraph, it shall be in order to
make further points of order on the ground stated in subparagraph (1) of
paragraph (a) of this clause, and motions to reject pursuant thereto
under subparagraph (3) of this paragraph, with respect to other
nongermane matter in the language of the Senate amendment, as proposed
to be amended by the motion described in subparagraph (1) of this
paragraph, not covered by any previous point of order which has been
sustained.
(5) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this paragraph, the motion to recede and concur
in the Senate amendment with an amendment shall be considered as
rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be
amended by such motion, are then available on the floor when such
motion is offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request
a further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all
such motions to reject are defeated, then, after the allocation of time
for debate on the motion to recede and concur in the Senate amendment
with an amendment as provided in clause 2(b) of this rule, it shall be
in order to move the previous question on such motion.
(c) If, on a division of a motion that the House recede and concur,
with or without amendment, from its disagreement to any such Senate
amendment as described in paragraph (a)(1) of this clause, the House
agrees to recede, then, before debate is commenced on concurring in such
Senate amendment, or on concurring therein with an amendment it shall be
in order to make and dispose of points of order and motions to reject
with respect to such Senate amendment in accordance with applicable
provisions of this clause and to effect final determination of these
[[Page 2765]]
matters in accordance with such provisions.
6. (a) Each conference committee meeting between the House and Senate
shall be open to the public except when the House, in open session, has
determined by a roll call vote of a majority of those Members voting
that all or part of the meeting shall be closed to the public.
(b)(1) After the reading of the report and before the reading of the
joint statement, or immediately upon consideration of a conference
report if clause 2(c) of this rule applies, a point of order may be made
that the committee of conference making the report to the House has
failed to comply with paragraph (a) of this clause.
(2) If such point of order is sustained, the conference report shall
be considered as rejected, the House shall be considered to have
insisted upon its amendment(s) or upon disagreement to the amendment(s)
of the Senate, as the case may be, and to have requested a further
conference with the Senate, and the Speaker shall be authorized to
appoint new conferees without intervening motion.
Rule XXIX
secret session
Whenever confidential communications are received from the President
of the United States, or whenever the Speaker or any Member shall inform
the House that he has communications which he believes ought to be kept
secret for the present, the House shall be cleared of all persons except
the Members and officers thereof, and so continue during the reading of
such communications, the debates and proceedings thereon, unless
otherwise ordered by the House.
Rule XXX
use of exhibits
When the use of any exhibit in debate is objected to by any Member, it
shall be determined without debate by a vote of the House.
Rule XXXI
hall of the house
The Hall of the House shall be used only for the legislative business
of the House and for the caucus meetings of its Members, except upon
occasions where the House by resolution agrees to take part in any
ceremonies to be observed therein; and the Speaker shall not entertain a
motion for the suspension of this rule.
Rule XXXII
of admission to the floor
1. The persons hereinafter named, and none other, shall be admitted to
the Hall of the House or rooms leading thereto, viz: The President and
Vice President of the United States and their private secretaries,
judges of the Supreme Court, Members of Congress and Members-elect,
contestants in election cases during the pendency of their cases in the
House, the Secretary and Sergeant-at-Arms of the Senate, heads of
departments, foreign ministers, governors of States, the Architect of
the Capitol, the Librarian of Congress and his assistant in charge of
the Law Library, the Resident Commissioner to the United States from
Puerto Rico, each Delegate to the House, such persons as have, by name,
received the thanks of Congress, the Parliamentarian, elected officers
and elected minority employees of the House (other than Members); and
ex-Members of the House of Representatives, former Parliamentarians of
the House, and former elected officers and elected minority employees of
the House, subject to the provisions of clause 3 of this rule; and
clerks of committees when business from their committee is under
consideration and not more than one person from a Member's staff when
that Member has an amendment under consideration, subject to the
provisions of clause 4 of this rule; and one attorney to accompany any
Member who is the respondent in an investigation undertaken by the
Committee on Standards of Official Conduct when the recommendation of
such committee is under consideration; and it shall not be in order for
the Speaker to entertain a request for the suspension of this rule or to
present from the chair the request of any Member for unanimous consent.
2. There shall be excluded at all times from the Hall of the House of
Representatives and the cloakrooms all persons not entitled to the
privilege of the floor during the session, except that until fifteen
minutes of the hour of the meeting of the House persons employed in its
service, accredited members of the press entitled to admission to the
press gallery, and other persons on request of Members, by card or in
writing may be admitted.
3. Ex-Members of the House of Representatives, former Parliamentarians
of the House, and former elected officers and former elected minority
employees of the House, shall be entitled to the privilege of admission
to the Hall of the House and rooms leading thereto only if they do not
have any direct personal or pecuniary interest in any legislative
measure pending before the House or reported by any committee of the
House and only if they are not in the employ of, or do not represent,
any party or organization for the purpose of influencing, directly or
indirectly, the passage, defeat or amendment of any legislative measure
pending before the House, reported by any committee of the House or
under consideration in any of its committees or subcommittees. The
Speaker shall promulgate such regulations as may be necessary to
implement the provisions of this rule and to ensure its enforcement.
4. Persons from Member's staffs admitted to the Hall of the House or
rooms leading thereto under clause 1 shall be admitted only upon prior
notification to the Speaker. No such person or clerk of a committee so
admitted under clause 1 shall engage in efforts in the Hall of the House
or rooms leading thereto to influence Members with regard to the
legislation being amended. Such persons and clerks shall remain at the
desk and are admitted only to advise the Member or committee responsible
for their admission. Any such person or clerk who violates this clause
may be excluded during the session from the Hall of the House and rooms
leading thereto by the Speaker.
Rule XXXIII
of admission to the galleries
The Speaker shall set aside a portion of the west gallery for the use
of the President of the United States, the members of his Cabinet,
justices of the Supreme Court, foreign ministers and suites, and the
members of their respective families, and shall also set aside another
portion of the same gallery for the accommodation of persons to be
admitted on the card of Members. The southerly half of the east gallery
shall be assigned exclusively for the use of the families of Members of
Congress, in which the Speaker shall control one bench, and on request
of a Member the Speaker shall issue a card of admission to his family,
which shall include their visitors, and no other person shall be
admitted to this section.
Rule XXXIV
official and other reporters
1. The appointment and removal, for cause, of the official reporters
of the House, including stenographers of committees, and the manner of
the execution of their duties shall be vested in the Clerk, subject to
the direction and control of the Speaker.
2. Such portion of the gallery over the Speaker's chair as may be
necessary to accommodate representatives of the press wishing to report
debates and proceedings shall be set aside for their use, and reputable
reporters and correspondents shall be admitted thereto under such
regulations as the Speaker may from time to time prescribe; and the
supervision of such gallery, including the designation of its employees,
shall be vested in the standing committee of correspondents, subject to
the direction and control of the Speaker; and the Speaker may assign one
seat on the floor to Associated Press reporters and one to United Press
International, and regulate the occupation of the same. And the Speaker
may admit to the floor, under such regulations as he may prescribe, one
additional representative of each press association.
3. Such portion of the gallery of the House of Representatives as may
be necessary to accommodate reporters of news to be disseminated by
radio, television, and similar means of transmission, wishing to report
debates and proceedings, shall be set aside for their use, and reputable
reporters thus engaged shall be admitted thereto under such regulations
as the Speaker may
[[Page 2766]]
from time to time prescribe; and the supervision of such gallery,
including the designation of its employees, shall be vested in the
Executive Committee of the Radio and Television Correspondents'
Galleries, subject to the direction and control of the Speaker; and the
Speaker may admit to the floor, under such regulations as he may
prescribe, one representative of the National Broadcasting Company, one
of the Columbia Broadcasting System, one of the Mutual Broadcasting
System, and one of the American Broadcasting Company.
Rule XXXV
pay of witnesses
The rule for paying witnesses to appear before the House or any of its
committees shall be as follows: For each day a witness shall attend, the
same per diem rate as established, authorized, and regulated by the
Committee on House Oversight for Members and employees of the House, and
actual expenses of travel in coming to or going from the place of
examination; but no per diem shall be paid when a witness has been
summoned at the place of examination.
Rule XXXVI
preservation and availability of noncurrent records of the house
1. (a) At the end of each Congress, the chairman of each committee of
the House shall transfer to the Clerk any noncurrent records of such
committee, including the subcommittees thereof.
(b) At the end of each Congress, each officer of the House elected
pursuant to rule II shall transfer to the Clerk any noncurrent records
made or acquired in the course of the duties of such officer.
2. The Clerk shall deliver the records transferred pursuant to clause
1 of the rule, together with any other noncurrent records of the House,
to the Archivist of the United States for preservation at the National
Archives and Records Administration. Records so delivered are the
permanent property of the House and remain subject to this rule and the
orders of the House.
3. (a) Subject to paragraph (b) of the clause, clause 4 of this rule,
and orders of the House, the Clerk shall authorize the Archivist of the
United States to make available for public use the records delivered to
the Archivist under clause 2 of this rule.
(b)(1) Any record that the House or a committee of the House (or a
subcommittee thereof) makes available for public use before such record
is delivered to the Archivist under clause 2 of this rule shall be made
available immediately.
(2) Any investigative record that contains personal data relating to a
specific living individual (the disclosure of which would be an
unwarranted invasion of personal privacy), any administrative record
with respect to personnel, and any record with respect to a hearing
closed pursuant to clause 2(g)(2) of rule XI shall be available if such
record has been in existence for 50 years.
(3) Any record for which a time, schedule, or condition for
availability is specified by order of the House shall be made available
in accordance with that order. Except as otherwise provided by order of
the House, any record of a committee for which a time, schedule, or
condition for availability is specified by order of the committee
(entered during the Congress in which the record is made or acquired by
the committee) shall be made available in accordance with the order of
the committee.
(4) Any record (other than a record referred to in subparagraph (1),
(2), or (3) of this paragraph) shall be made available if such record
has been in existence for 30 years.
4. (a) A record shall not be made available for public use under
clause 3 of this rule if the Clerk determines that such availability
would be detrimental to the public interest or inconsistent with the
rights and privileges of the House. The Clerk shall notify in writing
the chairman and the ranking minority party Member of the Committee on
House Oversight of any determination under the preceding sentence.
(b) A determination of the Clerk under paragraph (a) is subject to
later order of the House and, in the case of a record of a committee,
later order of the committee.
5. (a) This rule does not supersede rule XLVIII or rule L and does not
authorize the public disclosure of any record if such disclosure is
prohibited by law or executive order of the President.
(b) The Committee on House Oversight may prescribe guidelines and
regulations governing the applicability and implementation of this rule.
(c) A committee may withdraw from the National Archives and Records
Administration any record of the committee delivered to the Archivist of
the United States under this rule. Such withdrawal shall be on a
temporary basis and for official use of the committee.
6. As used in the rule the term ``record'' means any official,
permanent record of the House, including--
(a) with respect to a committee of the House, an official, permanent
record of the committee (including any record of a legislative,
oversight, or other activity of such committee or subcommittee
thereof); and
(b) with respect to an officer of the House elected pursuant to rule
II, an official, permanent record made or acquired in the course of
the duties of such officer. Such term does not include a record of an
individual Member of the House.
Rule XXXVII
withdrawal of papers
No memorial or other paper presented to the House shall be withdrawn
from its files without its leave, and if withdrawn therefrom certified
copies thereof shall be left in the office of the Clerk; but when an act
may pass for the settlement of a claim, the Clerk is authorized to
transmit to the officer in charge with the settlement thereof the papers
on file in his office relating to such claim, or may loan temporarily to
an officer or bureau of the executive departments any papers on file in
his office relating to any matter pending before such officer or bureau,
taking proper receipt therefor.
Rule XXXVIII
ballot
In all cases of ballot a majority of the votes given shall be
necessary to an election, and where there shall not be such a majority
on the first ballot the ballots shall be repeated until a majority be
obtained; and in all balloting blanks shall be rejected and not taken
into the count in enumeration of votes or reported by the tellers.
Rule XXXIX
messages
Messages received from the Senate and the President of the United
States, giving notice of bills passed or approved, shall be entered in
the Journal and published in the Record of that day's proceedings.
Rule XL
executive communications
Estimates of appropriations and all other communications from the
executive departments, intended for the consideration of any committees
of the House, shall be addressed to the Speaker, and by him referred as
provided by clause 2 of rule XXIV.
Rule XLI
qualifications of officers and employees
No person shall be an officer or employee of the House, or continue in
its employment, who shall be an agent for the prosecution of any claim
against the Government or be interested in such claim otherwise than as
an original claimant or than in the proper discharge of official duties.
Rule XLII
general provisions
The rules of parliamentary practice comprised in Jefferson's Manual
and the provisions of the Legislative Reorganization Act of 1946, as
amended, shall govern the House in all cases to which they are
applicable, and in which they are not inconsistent with the standing
rules and orders of the House and joint rules of the Senate and House of
Representatives.
Rule XLIII
code of official conduct
There is hereby established by and for the House of Representatives
the following code of conduct, to be known as the ``Code of Official
Conduct'':
1. A Member, officer, or employee of the House of Representatives
shall con
[[Page 2767]]
duct himself at all times in a manner which shall reflect creditably on
the House of Representatives.
2. A Member, officer, or employee of the House of Representatives
shall adhere to the spirit and the letter of the Rules of the House of
Representatives and to the rules of duly constituted committees thereof.
3. A Member, officer, or employee of the House of Representatives
shall receive no compensation nor shall he permit any compensation to
accrue to his beneficial interest from any source, the receipt of which
would occur by virtue of influence improperly exerted from his position
in the Congress.
4. A Member, officer, or employee of the House of Representatives
shall not accept gifts excepted as provided by the provisions of rule
LII (Gift Rule).
5. A Member, officer, or employee of the House of Representatives
shall accept no honorarium for a speech, writing for publication, or
other similar activity.
6. A Member of the House of Representatives shall keep his campaign
funds separate from his personal funds. A Member shall convert no
campaign funds to personal use in excess of reimbursement for legitimate
and verifiable campaign expenditures and shall expend no funds from his
campaign account not attributable to bona fide campaign or political
purposes.
7. A Member of the House of Representatives shall treat as campaign
contributions all proceeds from testimonial dinners or other fund
raising events.
8. A Member or officer of the House of Representatives shall retain no
one under his payroll authority who does not perform official duties
commensurate with the compensation received in the offices of the
employing authority. In the case of committee employees who work under
the direct supervision of a Member other than a chairman, the chairman
may require that such Member affirm in writing that the employees have
complied with the preceding sentence (subject to clause 6 of rule XI) as
evidence of the chairman's compliance with this clause and with clause 6
of rule XI.
9. A Member, officer, or employee of the House of Representatives
shall not discharge or refuse to hire any individual, or otherwise
discriminate against any individual with respect to compensation, terms,
conditions, or privileges of employment, because of such individual's
race, color, religion, sex (including marital or parental status),
handicap, age, or national origin, but may take into consideration the
domicile or political affiliation of such individual.
10. A Member of the House of Representatives who has been convicted by
a court of record for the commission of a crime for which a sentence of
two or more years' imprisonment may be imposed should refrain from
participation in the business of each committee of which he is a member
and should refrain from voting on any question at a meeting of the
House, or of the Committee of the Whole House, unless or until judicial
or executive proceedings result in reinstatement of the presumption of
his innocence or until he is reelected to the House after the date of
such conviction.
11. A Member of the House of Representatives shall not authorize or
otherwise allow a non-House individual, group, or organization to use
the words ``Congress of the United States'', ``House of
Representatives'', or ``Official Business'', or any combination of words
thereof, on any letterhead or envelope.
12. (a) Except as provided by paragraph (b), any employee of the House
of Representatives who is required to file a report pursuant to rule
XLIV shall refrain from participating personally and substantially as an
employee of the House of Representatives in any contact with any agency
of the executive or judicial branch of Government with respect to
nonlegislative matters affecting any nongovernmental person in which the
employee has a significant financial interest.
(b) Paragraph (a) shall not apply if an employee first advises his
employing authority of his significant financial interest and obtains
from his employing authority a written waiver stating that the
participation of the employee is necessary. A copy of each such waiver
shall be filed with the Committee on Standards of Official Conduct.
13. Before any Member, officer, or employee of the House of
Representatives may have access to classified information, the following
oath (or affirmation) shall be executed:
``I do solemnly swear (or affirm) that I will not disclose any
classified information received in the course of my service with the
House of Representatives, except as authorized by House of
Representatives or in accordance with its Rules.''
Copies of the executed oath shall be retained by the Clerk of the House
as part of the records of the House.
As used in this Code of Official Conduct of the House of
Representatives--(a) the terms ``Member'' and ``Member of the House of
Representatives'' include the Resident Commissioner from Puerto Rico and
each Delegate to the House; and (b) the term ``officer or employee of
the House of Representatives'' means any individual whose compensation
is disbursed by the Clerk of the House of Representatives.
Rule XLIV
financial disclosure
1. A copy of each report filed with the Clerk under title I of the
Ethics in Government Act of 1978 shall be sent by the Clerk within the
seven-day period beginning the date on which the report is filed to the
Committee on Standards of Official Conduct. By August 1 of each year,
the Clerk shall compile all such reports sent to him by Members within
the period beginning on January 1 and ending on June 15 of each year and
have them printed as a House document, which document shall be made
available to the public.
2. For the purposes of this rule, the provisions of title I of the
Ethics in Government Act of 1978 shall be deemed to be a rule of the
House as it pertains to Members, officers, and employees of the House of
Representatives.
[The pertinent parts of Title I of the Ethics in Government Act of 1978
(5 U.S.C. App. 6 Sec. Sec. 101-111) read as follows:]
title i--financial disclosure requirements of federal personnel
Persons Required to File
sec. 101. (a) Within thirty days of assuming the position of an officer
or employee described in subsection (f), an individual shall file a
report containing the information described in section 102(b) unless the
individual has left another position described in subsection (f) within
thirty days prior to assuming such new position or has already filed a
report under this title with respect to nomination for the new position
or as a candidate for the position. * * *
(c) Within thirty days of becoming a candidate as defined in section
301 of the Federal Campaign Act of 1971, in a calendar year for
nomination or election to the office of President, Vice President, or
Member of Congress, or on or before May 15 of that calendar year,
whichever is later, but in no event later than 30 days before the
election, and on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an incumbent
President, Vice President, or Member of Congress shall file a report
containing the information described in section 102(b). Notwithstanding
the preceding sentence, in any calendar year in which an individual
continues to be a candidate for any office but all elections for such
office relating to such candidacy were held in prior calendar years,
such individual need not file a report unless he becomes a candidate for
another vacancy in that office or another office during that year.
(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of sixty days in that calendar
year shall file on or before May 15 of the succeeding year a report
containing the information described in section 102(a).
(e) Any individual who occupies a position described in subsection (f)
shall, on or before the thirtieth day after termination of employment in
such position, file a report containing the information described in
section 102(a) covering the preceding calendar year if the report
required by subsection (d) has not been filed and covering the portion
of the calendar year in which such termination occurs up to the date the
individual left such office or position, un
[[Page 2768]]
less such individual has accepted employment in another position
described in subsection (f).
(f) The officers and employees referred to in subsections (a), (d),
and (e) are-- * * *
(9) a Member of Congress as defined under section 109(12);
(10) an officer or employee of the Congress as defined under section
109(13); * * *
(g) Reasonable extensions of time for filing any report may be granted
under procedures prescribed by the supervising ethics office for each
branch, but the total of such extensions shall not exceed ninety days.
(h) The provisions of subsections (a), (b), and (e) shall not apply to
an individual who, as determined by the designated agency ethics
official or Secretary concerned (or in the case of a Presidential
appointee under subsection (b), the Director of the Office of Government
Ethics), the congressional ethics committees, or the Judicial
Conference, is not reasonably expected to perform the duties of his
office or position for more than sixty days in a calendar year, except
that if such individual performs the duties of his office or position
for more than sixty days in a calendar year--
(1) the report required by subsections (a) and (b) shall be filed
within fifteen days of the sixtieth day, and
(2) the report required by subsection (e) shall be filed as provided
in such subsection.
(i) The supervising ethics office for each branch may grant a publicly
available request for a waiver of any reporting requirement under this
section for an individual who is expected to perform or has performed
the duties of his office or position less than one hundred and thirty
days in a calendar year, but only if the supervising ethics office
determines that--
(1) such individual is not a full-time employee of the Government,
(2) such individual is able to provide services specially needed by
the Government,
(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
(4) public financial disclosure by such individual is not necessary
in the circumstances.
Contents of Reports
sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
shall include a full and complete statement with respect to the
following:
(1)(A) The source, type, and amount or value of income (other than
income referred to in subparagraph (B)) from any source (other than
from current employment by the United States Government), and the
source, date, and amount of honoraria from any source, received during
the preceding calendar year, aggregating $200 or more in value and,
effective January 1, 1991, the source, date, and amount of payments
made to charitable organizations in lieu of honoraria, and the
reporting individual shall simultaneously file with the applicable
supervising ethics office, on a confidential basis, a corresponding
list of recipients of all such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which consists of dividends,
rents, interest, and capital gains, received during the preceding
calendar year which exceeds $200 in amount or value, and an indication
of which of the following categories the amount or value of such item
of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more than $2,500,
(iii) greater than $2,500 but not more than $5,000,
(iv) greater than $5,000 but not more than $15,000,
(v) greater than $15,000 but not more than $50,000,
(vi) greater than $50,000 but not more than $100,000,
(vii) greater than $100,000 but not more than $1,000,000, or
(viii) greater than $1,000,000.
(2)(A) The identity of the source, a brief description, and the
value of all gifts aggregating more than the minimal value as
established by section 7342(a)(5) of title 5, United States Code, or
$250, whichever is greater, received from any source other than a
relative of the reporting individual during the preceding calendar
year, except that any food, lodging, or entertainment received as
personal hospitality of an individual need not be reported, and any
gift with a fair market value of $100 or less, as adjusted at the same
time and by the same percentage as the minimal value is adjusted, need
not be aggregated for purposes of this subparagraph.
(B) The identity of the source and a brief description (including a
travel itinerary, dates, and nature of expenses provided) of
reimbursements received from any source aggregating more than the
minimal value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, and received during the
preceding calendar year.
(C) In an unusual case, a gift need not be aggregated under
subparagraph (A) if a publicly available request for a waiver is
granted.
(3) The identity and category of value of any interest in property
held during the preceding calendar year in a trade or business, or for
investment or the production of income, which has a fair market value
which exceeds $1,000 as of the close of the preceding calendar year,
excluding any personal liability owed to the reporting individual by a
spouse, or by a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any deposits
aggregating $5,000 or less in a personal savings account. For purposes
of this paragraph, a personal savings account shall include any
certificate of deposit or any other form of deposit in a bank, savings
and loan association, credit union, or similar financial institution.
(4) The identity and category of value of the total liabilities owed
to any creditor other than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the reporting individual's
spouse which exceed $10,000 at any time during the preceding calendar
year, excluding--
(A) any mortgage secured by real property which is a personal
residence of the reporting individual or his spouse; and
(B) any loan secured by a personal motor vehicle, household
furniture, or appliances, which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close of the
preceding calendar year need be reported under this paragraph.
(5) Except as provided in this paragraph, a brief description, the
date, and category of value of any purchase, sale or exchange during
the preceding calendar year exceeds $1,000--
(A) in real property, other than property used solely as a
personal residence of the reporting individual or his spouse; or
(B) in stocks, bonds, commodities futures, and other forms of
securities.
Reporting is not required under this paragraph of any transaction
solely by and between the reporting individual, his spouse, or
dependent children.
(6)(A) The identity of all positions held on or before the date of
filing during the current calendar year (and, for the first report
filed by an individual, during the two-year period preceding such
calendar year) as an officer, director, trustee, partner, proprietor,
representative, employee, or consultant of any corporation, company,
firm, partnership, or other business enterprise, any nonprofit
organization, any labor organization, or any educational or other
institution other than the United States. This subparagraph shall not
require the reporting of positions held in any religious, social,
fraternal, or political entity and positions solely of an honorary
nature.
(B) If any person, other than the United States Government, paid a
nonelected reporting individual compensation in excess of $5,000 in
any of the two calendar years prior to the calendar year during which
the individual files his first report under this
[[Page 2769]]
title, the individual shall include in the report--
(i) the identity of each source of such compensation; and
(ii) a brief description of the nature of the duties performed or
services rendered by the reporting individual for each such source.
The preceding sentence shall not require any individual to include
in such report any information which is considered confidential as a
result of a privileged relationship, established by law, between such
individual and any person nor shall it require an individual to report
any information with respect to any person for whom services were
provided by any firm or association of which such individual was a
member, partner, or employee unless such individual was directly
involved in the provision of such services.
(7) A description of the date, parties to, and terms of any
agreement or arrangement with respect to (A) future employment; (B) a
leave of absence during the period of the reporting individual's
Government service; (C) continuation of payments by a former employer
other than the United States Government; and (D) continuing
participation in an employee welfare or benefit plan maintained by a
former employer.
(b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
section 101 shall include a full and complete statement with respect to
the information required by--
(A) paragraph (1) of subsection (a) for the year of filing and the
preceding calendar year,
(B) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days before
the filing date, and
(C) paragraphs (6) and (7) of subsection (a) as of the filing date
but for periods described in such paragraphs.
(2)(A) In lieu of filling out one or more schedules of a financial
disclosure form, an individual may supply the required information in an
alternative format, pursuant to either rules adopted by the supervising
ethics office for the branch in which such individual serves or pursuant
to a specific written determination by such office for a reporting
individual.
(B) In lieu of indicating the category of amount or value of any item
contained in any report filed under this title, a reporting individual
may indicate the exact dollar amount of such item.
(c) In the case of any individual described in section 101(e), any
reference to the preceding calendar year shall be considered also to
include that part of the calendar year of filing up to the date of the
termination of employment.
(d)(1) The categories for reporting the amount or value of the items
covered in paragraphs (3), (4), and (5) of subsection (a) are as
follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than $50,000;
(C) greater than $50,000 but not more than $100,000;
(D) greater than $100,000 but not more than $250,000;
(E) greater than $250,000 but not more than $500,000;
(F) greater than $500,000 but not more than $1,000,000; and
(G) greater than $1,000,000.
(2) For the purposes of paragraph (3) of subsection (a) if the current
value of an interest in real property (or an interest in a real estate
partnership) is not ascertainable without an appraisal, an individual
may list (A) the date of purchase and the purchase price of the interest
in the real property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the property used
for the assessment if the assessed value is computed at less than 100
percent of such market value, but such individual shall include in his
report a full and complete description of the method used to determine
such assessed value, instead of specifying a category of value pursuant
to paragraph (1) of this subsection. If the current value of any other
item required to be reported under paragraph (3) of subsection (a) is
not ascertainable without an appraisal, such individual may list the
book value of a corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an individually
owned business, or with respect to other holdings, any recognized
indication of value, but such individual shall include in his report a
full and complete description of the method used in determining such
value. In lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax purposes,
adjusted to reflect the market value of the item used for the assessment
if the assessed value is computed at less than 100 percent of such
market value, but a full and complete description of the method used in
determining such assessed value shall be included in the report.
(e)(1) Except as provided in the last sentence of this paragraph, each
report required by section 101 shall also contain information listed in
paragraphs (1) through (5) of subsection (a) of this section respecting
the spouse or dependent child of the reporting individual as follows:
(A) The source of items of earned income earned by a spouse from any
person which exceed $1,000 and the source and amount of any honoraria
received by a spouse, except that, with respect to earned income
(other than honoraria), if the spouse is self-employed in business or
a profession, only the nature of such business or profession need be
reported.
(B) All information required to be reported in subsection (a)(1)(B)
with respect to income derived by a spouse or dependent child from any
asset held by the spouse or dependent child and reported pursuant to
subsection (a)(3).
(C) In the case of any gifts received by a spouse or dependent child
which are not received totally independent of the relationship of the
spouse or dependent child to the reporting individual, the identity of
the source and a brief description of gifts of transportation,
lodging, food, or entertainment and a brief description and the value
of other gifts.
(D) In the case of any reimbursements received by a spouse or
dependent child which are not received totally independent of the
relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of each
such reimbursement.
(E) In the case of items described in paragraphs (3) through (5) of
subsection (a), all information required to be reported under these
paragraphs other than items (i) which the reporting individual
certifies represent the spouse's or dependent child's sole financial
interest or responsibility and which the reporting individual has no
knowledge of, (ii) which are not in any way, past or present, derived
from the income, assets, or activities of the reporting individual,
and (iii) from which the reporting individual neither derives, nor
expects to derive, any financial or economic benefit.
Reports required by subsections (a), (b), and (c) of section 101
shall, with respect to the spouse and dependent child of the reporting
individual, only contain information listed in paragraphs (1), (3), and
(4) of subsection (a), as specified in this paragraph.
(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each reporting individual
shall report the information required to be reported pursuant to
subsections (a), (b), and (c) of this section with respect to the
holdings of and the income from a trust or other financial arrangement
from which income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual, his spouse,
or any dependent child.
(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of--
(A) any qualified blind trust (as defined in paragraph (3));
(B) a trust--
(i) which was not created directly by such individual, his spouse,
or any dependent child, and
[[Page 2770]]
(ii) the holdings or sources of income of which such individual,
his spouse, and any dependent child have no knowledge of; or
(C) an entity described under the provisions of paragraph (8), but
such individual shall report the category of the amount of income
received by him, his spouse, or any dependent child from the trust or
other entity under subsection (a)(1)(B) of this section.
(3) For purpose of this subsection, the term ``qualified blind trust''
includes any trust in which a reporting individual, his spouse, or any
minor or dependent child has a beneficial interest in the principal or
income, and which meets the following requirements:
(A)(i) The trustee of the trust and any other entity designated in
the trust instrument to perform fiduciary duties is a financial
institution, an attorney, a certified public accountant, a broker, or
an investment advisor who--
(I) is independent of and not associated with any interested party
so that the trustee or other person cannot be controlled or
influenced in the administration of the trust by any interested
party; and
(II) is not and has not been an employee of or affiliated with any
interested party and is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
(III) is not a relative of any interested party.
(ii) Any officer or employee of a trustee or other entity who is
involved in the management or control of the trust--
(I) is independent of and not associated with any interested party
so that such officer or employee cannot be controlled or influenced
in the administration of the trust by any interested party;
(II) is not a partner of, or involved in any joint venture or
other investment with, any interested party; and
(III) is not a relative of any interested party.
(B) Any asset transferred to the trust by an interested party is
free of any restriction with respect to its transfer or sale unless
such restriction is expressly approved by the supervising ethics
office of the reporting individual.
(C) The trust instrument which establishes the trust provides that--
(i) except to the extent provided in subparagraph (B) of this
paragraph, the trustee in the exercise of his authority and
discretion to manage and control the assets of the trust shall not
consult or notify any interested party;
(ii) the trust shall not contain any asset the holding of which by
an interested party is prohibited by any law or regulation;
(iii) the trustee shall promptly notify the reporting individual
and his supervising ethics office when the holdings of any
particular asset transferred to the trust by any interested party
are disposed of or when the value of such holding is less than
$1,000;
(iv) the trust tax return shall be prepared by the trustee or his
designee, and such return and any information relating thereto
(other than the trust income summarized in appropriate categories
necessary to complete an interested party's tax return), shall not
be disclosed to any interested party;
(v) an interested party shall not receive any report on the
holdings and sources of income of the trust, except a report at the
end of each calendar quarter with respect to the total cash value of
the interest of the interested party in the trust or the net income
or loss of the trust or any reports necessary to enable the
interested party to complete an individual tax return required by
law or to provide the information required by subsection (a)(1) of
this section, but such report shall not identify any asset or
holding;
(vi) except for communications which solely consist of requests
for distributions of cash or other unspecified assets of the trust,
there shall be no direct or indirect communication between the
trustee and an interested party with respect to the trust unless
such communication is in writing and unless it relates only (I) to
the general financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing income or
long-term capital gain), (II) to the notification of the trustee of
a law or regulation subsequently applicable to the reporting
individual which prohibits the interested party from holding an
asset, which notification directs that the asset not be held by the
trust, or (III) to directions to the trustee to sell all of an asset
initially placed in the trust by an interested party which in the
determination of the reporting individual creates a conflict of
interest or the appearance thereof due to the subsequent assumption
of duties by the reporting individual (but nothing herein shall
require any such direction); and
(vii) the interested parties shall make no effort to obtain
information with respect to the holdings of the trust, including
obtaining a copy of any trust tax return filed or any information
relating thereto except as otherwise provided in this subsection.
(D) The proposed trust instrument and the proposed trustee is
approved by the reporting individual's supervising ethics office.
(E) For purposes of this subsection, ``interested party'' means a
reporting individual, his spouse, and any minor or dependent child;
``broker'' has the meaning set forth in section 3(a)(4) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment adviser who, as
determined under regulations prescribed by the supervising ethics
office, is generally involved in his role as such an adviser in the
management or control of trusts.
(F) Any trust qualified by a supervising ethics office before the
effective date of title II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and regulations in effect
immediately before such effective date.
(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not apply with respect
to a trust created for the benefit of a reporting individual, or the
spouse, dependent child, or minor child of such a person, if the
supervising ethics office for such reporting individual finds that--
(I) the assets placed in the trust consist of a well-diversified
portfolio of readily marketable securities;
(II) none of the assets consist of securities of entities having
substantial activities in the area of the reporting individual's
primary area of responsibility;
(III) the trust instrument prohibits the trustee, notwithstanding
the provisions of paragraphs (3)(C) (iii) and (iv) of this subsection,
from making public or informing any interested party of the sale of
any securities;
(IV) the trustee is given power of attorney, notwithstanding the
provisions of paragraph (3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal income tax returns and
similar returns which may contain information relating to the trust;
and
(V) except as otherwise provided in this paragraph, the trust
instrument provides (or in the case of a trust established prior to
the effective date of this Act which by its terms does not permit
amendment, the trustee, the reporting individual, and any other
interested party agree in writing) that the trust shall be
administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A). * * *
(5)(A) The reporting individual shall, within thirty days after a
qualified
[[Page 2771]]
blind trust is approved by his supervising ethics office, file with such
office a copy of--
(i) the executed trust instrument of such trust (other than those
provisions which relate to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were transferred to such trust,
including the category of value of each asset as determined under
subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days of transferring
an asset (other than cash) to a previously established qualified blind
trust, notify his supervising ethics office of the identity of each such
asset and the category of value of each asset as determined under
subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified blind trust,
a reporting individual shall--
(i) notify his supervising ethics office of such dissolution, and
(ii) file with such office a copy of a list of the assets of the
trust at the time of such dissolution and the category of value under
subsection (d) of this section of each such asset.
(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made available
under section 105 and the provisions of that section shall apply with
respect to such documents and lists.
(E) A copy of each written communication with respect to the trust
under paragraph (3)(C)(vi) shall be filed by the person initiating the
communication with the reporting individual's supervising ethics office
within five days of the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not knowingly and
willfully, or negligently, (i) disclose any information to an interested
party with respect to such trust that may not be disclosed under
paragraph (3) of this subsection; (ii) acquire any holding the ownership
of which is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which solicitation
is prohibited by paragraph (3) of this subsection or the trust
agreement; or (iv) fail to file any document required by this
subsection.
(B) A reporting individual shall not knowingly and willfully, or
negligently, (i) solicit or receive any information with respect to a
qualified blind trust of which he is an interested party that may not be
disclosed under paragraph (3)(C) of this subsection or (ii) fail to file
any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully violates the provisions of subparagraph (A) or
(B) of this paragraph. The court in which such action is brought may
assess against such individual a civil penalty in any amount not to
exceed $10,000.
(ii) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who negligently
violates the provisions of subparagraph (A) or (B) of this paragraph.
The court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed $5,000.
(7) Any trust may be considered to be a qualified blind trust if--
(A) the trust instrument is amended to comply with the requirements
of paragraph (3) or, in the case of a trust instrument which does not
by its terms permit amendment, the trustee, the reporting individual,
and any other interested party agree in writing that the trust shall
be administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who is a
dependent child, a parent or guardian of such child may execute the
agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except testamentary provisions)
and a copy of the agreement referred to in subparagraph (A), and a
list of the assets held by the trust at the time of approval by the
supervising ethics office, including the category of value of each
asset as determined under subsection (d) of this section, are filed
with such office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
(C) the supervising ethics office determines that approval of the
trust arrangement as a qualified blind trust is in the particular case
appropriate to assure compliance with applicable laws and regulations.
(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely diversified; and
(B) the reporting individual neither exercises control over nor has
the ability to exercise control over the financial interests held by
the fund.
(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title.
(h) A report filed pursuant to subsection (a), (d), or (e) of section
101 need not contain the information described in subparagraphs (A),
(B), and (C) of subsection (a)(2) with respect to gifts and
reimbursements received in a period when the reporting individual was
not an officer or employee of the Federal Government.
(i) A reporting individual shall not be required under this title to
report--
(1) financial interests in or income derived from--
(A) any retirement system under title 5, United States Code
(including the Thrift Savings Plan under subchapter III of chapter
84 of such title); or
(B) any other retirement system maintained by the United States
for officers or employees of the United States, including the
President, or for members of the uniformed services; or
(2) benefits received under the Social Security Act.
Filing of Reports
sec. 103. (a) Except as otherwise provided in this section, the reports
required under this title shall be filed by the reporting individual
with the designated agency ethics official at the agency by which he is
employed (or in the case of an individual described in section 101(e),
was employed) or in which he will serve. The date any report is received
(and the date of receipt of any supplemental report) shall be noted on
such report by such official. * * *
(g) Each supervising Ethics Office shall develop and make available
forms for reporting the information required by this title.
(h)(1) The reports required under this title shall be filed by a
reporting individual with--
(A)(i)(I) the Clerk of the House of Representatives, in the case of
a Representative in Congress, a Delegate to Congress, the Resident
Commissioner from Puerto Rico, an officer or employee of the Congress
whose compensation is disbursed by the Clerk of the House of
Representatives, an officer or employee of the Architect of the
Capitol, the United States Botanic Gardens, the Congressional Budget
Office, the Government Printing Office, the Library of Congress, or
the Copyright Royalty Tribunal (including any individual terminating
service, under section 101(e), in any office or position referred to
in this subclause), or an individual described in section 101(c) who
is a candidate for nomination or election as a Representative in
Congress, a Delegate to Congress, or the Resident Commissioner from
Puerto Rico; * * *
(ii) in the case of an officer or employee of the Congress as
described under section 101(f)(10) who is employed by an agency or
commission established in the legislative branch
[[Page 2772]]
after the date of the enactment of the Ethics Reform Act of 1989--
(I) the Secretary of the Senate or the Clerk of the House of
Representatives, as the case may be, as designated in the statute
establishing such agency or commission; or
(II) if such statute does not designate such committee, the
Secretary of the Senate for agencies and commissions established in
even numbered calendar years, and the Clerk of the House of
Representatives for agencies and commissions established in odd
numbered calendar years; * * *
(2) The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such committee.
(i) A copy of each report filed under this title by a Member or an
individual who is a candidate for the office of Member shall be sent by
the Clerk of the House of Representatives or Secretary of the Senate, as
the case may be, to the appropriate State officer designated under
section 316(a) of the Federal Election Campaign Act of 1971 of the State
represented by the Member or in which the individual is a candidate, as
the case may be, within the 30-day period beginning on the day the
report is filed with the Clerk or Secretary.
(j)(1) A copy of each report filed under this title with the Clerk of
the House of Representatives shall be sent by the Clerk to the Committee
on Standards of Official Conduct of the House of Representatives within
the 7-day period beginning on the day the report is filed. * * *
(k) In carrying out their responsibilities under this title with
respect to candidates for office, the Clerk of the House of
Representatives and the Secretary of the Senate shall avail themselves
of the assistance of the Federal Election Commission. The Commission
shall make available to the Clerk and the Secretary on a regular basis a
complete list of names and addresses of all candidates registered with
the Commission, and shall cooperate and coordinate its candidate
information and notification program with the Clerk and the Secretary to
the greatest extent possible.
Failure to File or Filing False Reports
sec. 104. (a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information that such individual is required to
report pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty in any
amount, not to exceed $10,000.
(b) The head of each agency, each Secretary concerned, the Director of
the Office of Government Ethics, each congressional ethics committee, or
the Judicial Conference, as the case may be, shall refer to the Attorney
General the name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a report or has
willfully falsified or willfully failed to file information required to
be reported.
(c) The President, the Vice President, the Secretary concerned, the
head of each agency, the Office of Personnel Management, a congressional
ethics committee, and the Judicial Conference of the United States, may
take any appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing to file a
report or falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be filed under
this title more than 30 days after the later of--
(A) the date such report is required to be filed pursuant to the
provisions of this title and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such individual under
section 101(g), the last day of the filing extension period, shall, at
the direction of and pursuant to regulations issued by the supervising
ethics office, pay a filing fee of $200. All such fees shall be
deposited in the miscellaneous receipts of the Treasury. The authority
under this paragraph to direct the payment of a filing fee may be
delegated by the supervising ethics office in the executive branch to
other agencies in the executive branch.
(2) The supervising ethics office may waive the filing fee under this
subsection in extraordinary circumstances.
Custody of and Public Access to Reports
sec. 105. (a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of Representatives,
and the Secretary of the Senate shall make available to the public, in
accordance with subsection (b), each report filed under this title with
such agency or office or with the Clerk or the Secretary of the Senate.
* * *
(b)(1) Except as provided in the second sentence of this subsection,
each agency, each supervising ethics office in the executive or judicial
branch, the Clerk of the House of Representatives, and the Secretary of
the Senate shall, within thirty days after any report is received under
this title by such agency or office or by the Clerk or the Secretary of
the Senate, as the case may be, permit inspection of such report by or
furnish a copy of such report to any person requesting such inspection
or copy. With respect to any report required to be filed by May 15 of
any year, such report shall be made available for public inspection
within 30 calendar days after May 15 of such year or within 30 days of
the date of filing of such a report for which an extension is granted
pursuant to section 101(g). The agency, office, Clerk, or Secretary of
the Senate, as the case may be may require a reasonable fee to be paid
in any amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any salary of any
employee involved in such reproduction or mailing. A copy of such report
may be furnished without charge or at a reduced charge if it is
determined that waiver or reduction of the fee is in the public
interest.
(2) Notwithstanding paragraph (1), a report may not be made available
under this section to any person nor may any copy thereof be provided
under this section to any person except upon a written application by
such person stating--
(A) that person's name, occupation and address;
(B) the name and address of any other person or organization on
whose behalf the inspection or copy is requested; and
(C) that such person is aware of the prohibitions on the obtaining
or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
(c)(1) It shall be unlawful for any person to obtain or use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
(C) for determining or establishing the credit rating of any
individual; or
(D) for use, directly or indirectly, in the solicitation of money
for any political, charitable, or other purpose.
(2) The Attorney General may bring a civil action against any person
who obtains or uses a report for any purpose prohibited in paragraph (1)
of this subsection. The court in which such action is brought may assess
against such person a penalty in any amount not to exceed $10,000. Such
remedy shall be in addition to any other remedy available under
statutory or common law.
(d) Any report filed with or transmitted to an agency or supervising
ethics office or to the Clerk of the House of Representatives or the
Secretary of the Senate pursuant to this title shall be retained by such
agency or office or by the Clerk or the Secretary of the Senate, as the
case may be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such six-year
period the report shall be destroyed unless needed in an ongoing
investigation, except that in the case of an individual who filed the
report pursuant to section 101(b) and was not subsequently confirmed by
the Senate, or who filed the report pursuant to section 101(c) and was
not subsequently elected, such reports shall be destroyed one year after
the individual either is no longer
[[Page 2773]]
under consideration by the Senate or is no longer a candidate for
nomination or election to the Office of President, Vice President, or as
a Member of Congress, unless needed in an ongoing investigation.
Review of Reports
sec. 106. (a)(1) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report filed with
him under this title is reviewed within sixty days after the date of
such filing, except that the Director of the Office of Government Ethics
shall review only those reports required to be transmitted to him under
this title within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial Conference
shall make provisions to ensure that each report filed under this title
is reviewed within sixty days after the date of such filing.
(b)(1) If after reviewing any report under subsection (a), the
Director of the Office of Government Ethics, the Secretary concerned,
the designated agency ethics official, a person designated by the
congressional ethics committee, or a person designated by the Judicial
Conference, as the case may be, is of the opinion that on the basis of
information contained in such report the individual submitting such
report is in compliance with applicable laws and regulations, he shall
state such opinion on the report, and shall sign such report.
(2) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
the congressional ethics committee, or a person designated by the
Judicial Conference, after reviewing any report under subsection (a)--
(A) believes additional information is required to be submitted, he
shall notify the individual submitting such report what additional
information is required and the time by which it must be submitted, or
(B) is of the opinion, on the basis of information submitted, that
the individual is not in compliance with applicable laws and
regulations, he shall notify the individual, afford a reasonable
opportunity for a written or oral response, and after consideration of
such response, reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with such laws
and regulations.
(3) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
a congressional ethics committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that an individual
is not in compliance with applicable laws and regulations, the official
or committee shall notify the individual of that opinion and, after an
opportunity for personal consultation (if practicable), determine and
notify the individual of which steps, if any, would in the opinion of
such official or committee be appropriate for assuring compliance with
such laws and regulations and the date by which such steps should be
taken. Such steps may include, as appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section 208(b) of title 18,
United States Code, or
(E) voluntary request for transfer, reassignment, limitation of
duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment to which
requires the advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the head of
the appropriate agency, the congressional ethics committee, or the
Judicial Conference, for appropriate action; except that in the case of
the Postmaster General or Deputy Postmaster General, the Director of the
Office of Government Ethics shall recommend to the Governors of the
Board of Governors of the United States Postal Service the action to be
taken.
(7) Each supervising ethics office may render advisory opinions
interpreting this title within its respective jurisdiction.
Notwithstanding any other provision of law, the individual to whom a
public advisory opinion is rendered in accordance with this paragraph,
and any other individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be subject to
any penalty or sanction provided by this title.
Confidential Reports and Other Additional Requirements
sec. 107. (a)(1) Each supervising ethics office may require officers and
employees under its jurisdiction (including special Government employees
as defined in section 202 of title 18, United States Code) to file
confidential financial disclosure reports, in such form as the
supervising ethics office may prescribe. The information required to be
reported under this subsection by the officers and employees of any
department or agency shall be set forth in rules or regulations
prescribed by the supervising ethics office, and may be less extensive
than otherwise required by this title, or more extensive when determined
by the supervising ethics office to be necessary and appropriate in
light of sections 202 through 209 of title 18, United States Code,
regulations promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a report pursuant
to section 101 shall not be required to file a confidential report
pursuant to this subsection, except with respect to information which is
more extensive than information otherwise required by this title.
Subsections (a), (b), and (d) of section 105 shall not apply with
respect to any such report.
(2) Any information required to be provided by an individual under
this subsection shall be confidential and shall not be disclosed to the
public.
(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest or
apparent conflicts of interest. Such provisions of this title shall not
supersede the requirements of section 7342 of title 5, United States
Code.
(c) Nothing in this Act requiring reporting of information shall be
deemed to authorize the receipt of income, gifts, or reimbursements; the
holding of assets, liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order, rule, or
regulation.
Authority of Comptroller General
sec. 108. (a) The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of carrying
out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the
Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
Definitions
sec. 109. For the purposes of this title, the term--
(1) ``congressional ethics committees'' means the Select Committee
on Ethics of the Senate and the Committee on Standards of Official
Conduct of the House of Representatives;
[[Page 2774]]
(2) ``dependent child'' means, when used with respect to any
reporting individual, any individual who is a son, daughter, stepson,
or stepdaughter and who--
(A) is unmarried and under age 21 and is living in the household
of such reporting individual; or
(B) is a dependent of such reporting individual within the meaning
of section 152 of the Internal Revenue Code of 1986;
(3) ``designated agency ethics official'' means an officer or
employee who is designated to administer the provisions of this title
within an agency; * * *
(5) ``gift'' means a payment, advance, forbearance, rendering, or
deposit of money, or any thing of value, unless consideration of equal
or greater value is received by the donor, but does not include--
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring the reporting
individual;
(C) food, lodging, transportation, and entertainment provided by a
foreign government within a foreign country or by the United States
Government, the District of Columbia, or a State or local government
or political subdivision thereof;
(D) food and beverages which are not consumed in connection with a
gift of overnight lodging;
(E) communications to the offices of a reporting individual,
including subscriptions to newspapers and periodicals; or
(F) consumable products provided by home-State businesses to the
offices of a reporting individual who is an elected official, if
those products are intended for consumption by persons other than
such reporting individual;
(6) ``honoraria'' has the meaning given such term in section 505 of
this Act;
(7) ``income'' means all income from whatever source derived,
including but not limited to the following items: compensation for
services, including fees, commissions, and similar items; gross income
derived from business (and net income if the individual elects to
include it); gains derived from dealings in property; interest; rents;
royalties; dividends; annuities; income from life insurance and
endowment contracts; pensions; income from discharge of indebtedness;
distributive share of partnership income; and income from an interest
in an estate or trust; * * *
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or commission established in
the legislative branch;
(12) ``Member of Congress'' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress'' means--
(A) any individual described under subparagraph (B), other than a
Member of Congress or the Vice President, whose compensation is
disbursed by the Secretary of the Senate or the Clerk of the House
of Representatives;
(B)(i) each officer or employee of the legislative branch who, for
at least 60 days, occupies a position for which the rate of basic
pay is equal to or greater than 120 percent of the minimum rate of
basic pay payable for GS-15 of the General Schedule; and
(ii) at least one principal assistant designated for purposes of
this paragraph by each Member who does not have an employee who
occupies a position for which the rate of basic pay is equal to or
greater than 120 percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule;
(14) ``personal hospitality of any individual'' means hospitality
extended for a nonbusiness purpose by an individual, not a corporation
or organization, at the personal residence of that individual or his
family or on property or facilities owned by that individual or his
family;
(15) ``reimbursement'' means any payment or other thing of value
received by the reporting individual, other than gifts, to cover
travel-related expenses of such individual other than those which
are--
(A) provided by the United States Government, the District of
Columbia, or a State or local government or political subdivision
thereof;
(B) required to be reported by the reporting individual under
section 7342 of title 5, United States Code; or
(C) required to be reported under section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is related to the
reporting individual, as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin, nephew,
niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half sister, or
who is the grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or fiancee of
the reporting individual; * * *
(18) ``supervising ethics office'' means--
(A) the Senate Committee on Ethics of the Senate, for Senators,
officers and employees of the Senate, and other officers or
employees of the legislative branch required to file financial
disclosure reports with the Secretary of the Senate pursuant to
section 103(h) of this title;
(B) the Committee on Standards of Official Conduct of the House of
Representatives, for Members, officers and employees of the House of
Representatives and other officers or employees of the legislative
branch required to file financial disclosure reports with the Clerk
of the House of Representatives pursuant to section 103(h) of this
title;
(C) the Judicial Conference for judicial officers and judicial
employees; and
(D) the Office of Government Ethics for all executive branch
officers and employees; and
(19) ``value'' means a good faith estimate of the dollar value if
the exact value is neither known nor easily obtainable by the
reporting individual.
Notice of Actions Taken to Comply with Ethics Agreements
sec. 110. (a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of Government
Ethics, a Senate confirmation committee, a congressional ethics
committee, or the Judicial Conference, to take any action to comply with
this Act of any other law or regulation governing conflicts of interest
of, or establishing standards of conduct applicable with respect to,
officers or employees of the Government, that individual shall notify in
writing the designated agency ethics official, the Office of Government
Ethics, the appropriate committee of the Senate, the congressional
ethics committee, or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified in the
agreement by which action by the individual must be taken, or not later
than three months after the date of the agreement, if no date for action
is so specified.
(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a spe
[[Page 2775]]
cific instance. An individual shall be considered to have complied with
the requirements of subsection (a) with respect to such recusal
agreement if such individual files a copy of the document setting forth
the information described in the preceding sentence with such
individual's designated agency ethics official or the appropriate
supervising ethics office within the time prescribed in the last
sentence of subsection (a).
Administration of Provisions
sec. 111. The provisions of this title shall be administered by * * *
(2) the Select Committee on Ethics of the Senate and the Committee
on Standards of Official Conduct of the House of Representatives, as
appropriate, with regard to officers and employees described in
paragraphs (9) and (10) of section 101(f). * * *
Rule XLV
prohibition of unofficial office accounts
1. No Member may maintain or have maintained for his use an unofficial
office account.
2. After the date of adoption of this rule, no funds may be paid into
any unofficial office account.
3. Notwithstanding any other provision of this rule, if an amount from
the Official Expenses Allowance of a Member is paid into the House
Recording Studio revolving fund for telecommunications satellite
services, the Member may accept reimbursement from non-political
entities in that amount for transmission to the Clerk of the House of
Representatives for credit to the Official Expenses Allowance.
4. For purposes of this rule--
(a) the term ``unofficial office account'' means an account or
repository into which funds are received for the purpose of defraying
otherwise unreimbursed expenses allowable under section 162(a) of the
Internal Revenue Code of 1954 as ordinary and necessary in the
operation of a congressional office, and includes any newsletter fund
referred to in section 527(g) of the Internal Revenue Code of 1954;
and
(b) the term ``Member'' means any Member of, Delegate to, or
Resident Commissioner in, the House of Representatives.
Rule XLVI
limitations on the use of the frank
1. Any franked mail which is mailed by a Member under section 3210(d)
of title 39, United States Code, shall be mailed at the equivalent rate
of postage which assures that such mail will be sent by the most
economical means practicable.
2. A Member shall, before making any mass mailing, submit a sample or
description of the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as to whether
such proposed mailing is in compliance with applicable provisions of
law, rule, or regulation.
3. Any mass mailing which otherwise is frankable by a Member under the
provisions of section 3210(e) of title 39, United States Code, shall not
be frankable unless the cost of preparing and printing such mass mailing
is defrayed exclusively from funds made available in any appropriations
Act.
4. A Member may not send any mass mailing outside the congressional
district from which the Member was elected.
5. In the case of any Representative in the House of Representatives,
other than a Representative at Large, who is a candidate for any
statewide public office, any mass mailing shall not be frankable under
section 3210 of title 39, United States Code, when the same is delivered
to any address which is not located in the area constituting the
congressional district from which any such individual was elected.
6. In the case of any Member, any mass mailing shall not be frankable
under section 3210 of title 39, United States Code, when the same is
postmarked less than sixty days immediately before the date of any
primary or general election (whether regular, special, or runoff) in
which such Member is a candidate for public office. If mail matter is of
a type which is not customarily postmarked, the date on which such
matter would have been postmarked if it were of a type customarily
postmarked shall apply.
7. For purposes of this rule--
(a) the term ``mass mailing'' means, with respect to a session in
Congress, any mailing of newsletters or other pieces of mail with
substantially identical content (whether such mail is deposited singly
or in bulk, or at the same time or different times), totaling more
than 500 pieces in that session, except that such term does not
include any mailing--
(1) of matter in direct response to a communication from a person
to whom the matter is mailed;
(2) from a Member to other Members of Congress, or to Federal,
State, or local government officials; or
(3) of a news release to the communications media.
(b) The term ``Member'' means any Member of the House of
Representatives, a Delegate to the House of Representatives, or the
Resident Commissioner in the House of Representatives.
(c) The term ``Members of Congress'' means Senators and
Representatives in, and Delegates and Resident Commissioners to, the
Congress.
Rule XLVII
limitations on outside employment and earned income
1. (a)(1) Except as provided by subparagraph (2), in calendar year
1991 or thereafter, a Member or an officer or employee of the House may
not--
(A) have outside earned income attributable to such calendar year
which exceeds 15 percent of the annual rate of basic pay for level II
of the Executive Schedule under section 5313 of title 5, United States
Code, as of January 1 of such calendar year; or
(B) receive any honorarium.
(2) In the case of any individual who becomes a Member or an officer
or employee of the House during calendar year 1991 or thereafter, such
individual may not have outside earned income attributable to the
portion of that calendar year which occurs after such individual becomes
a Member, officer or employee which exceeds 15 percent of the annual
rate of basic pay for level II of the Executive Schedule under section
5313 of title 5, United States Code, as of January 1 of such calendar
year multiplied by a fraction the numerator of which is the number of
days such individual is a Member, officer, or employee during such
calendar year and the denominator of which is 365.
(3) In calendar year 1991 or thereafter, any payment in lieu of an
honorarium which is made to a charitable organization on behalf of a
Member, officer or employee of the House may not be received by such
individual. No such payment shall exceed $2,000 or be made to a
charitable organization from which such individual or a parent, sibling,
spouse, child, or dependent relative of such individual derives any
financial benefit.
(b)(1) Except as provided by subparagraph (2), in calendar year 1990,
a Member may not have outside earned income (including honoraria
received in such calendar year) attributable to such calendar year which
exceeds 30 percent of the annual pay as a Member to which the Member was
entitled in 1989.
(2) In the case of any individual who becomes a Member during calendar
year 1990, such individual may not have outside earned income (including
honoraria) attributable to the portion of that calendar year which
occurs after such individual becomes a Member which exceeds 30 percent
of $89,500 multiplied by a fraction the numerator of which is the number
of days such individual is a Member during such calendar year and the
denominator of which is 365.
2. On or after January 1, 1991, a Member or an officer or employee of
the House shall not--
(1) receive compensation for affiliating with or being employed by a
firm, partnership, association, corporation, or other entity which
provides professional services involving a fiduciary relationship;
(2) permit that Member's, officer's, or employee's name to be used
by any such firm, partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a profession which involves
a fiduciary relationship;
(4) serve for compensation as an officer or member of the board of
any
[[Page 2776]]
association, corporation, or other entity; or
(5) receive compensation for teaching, without the prior
notification and approval of the Committee on Standards of Official
Conduct.
3. A Member, officer, or employee of the House may not--
(1) receive any advance payment on copyright royalties, but this
paragraph does not prohibit any literary agent, researcher, or other
individual (other than an individual employed by the House or a
relative of that Member, officer, or employee) working on behalf of
that Member, officer, or employee with respect to a publication from
receiving an advance payment of a copyright royalty directly from a
publisher and solely for the benefit of that literary agent,
researcher, or other individual; or
(2) receive any copyright royalties pursuant to a contract entered
into on or after January 1, 1996, unless that contract is first
approved by the Committee on Standards of Official Conduct as
complying with the requirement of clause 4(e)(5) (that royalties are
received from an established publisher pursuant to usual and customary
contractual terms).
4. For the purposes of this rule--
(a) The term ``Member'' means any Member of the House of
Representatives, a Delegate to the House of Representatives, or the
Resident Commissioner in the House of Representatives.
(b)(1) Except as provided by paragraph (2), the term ``officer or
employee of the House'' means any individual (other than a Member)
whose pay is disbursed by the Clerk and who is paid at a rate equal to
or greater than the annual rate of basic pay in effect for grade GS-16
of the General Schedule under section 5332 of title 5, United States
Code, and so employed for more than 90 days in a calendar year.
(2) When used with respect to honoraria, the term ``officer or
employee of the House'' means any individual (other than a Member)
whose salary is disbursed by the Clerk.
(c) The term ``honorarium'' means a payment of money or any thing of
value for an appearance, speech, or article, by a Member or an officer
or employee of the House, excluding any actual and necessary travel
expenses incurred by such individual (and one relative) to the extent
that such expenses are paid or reimbursed by any other person, and the
amount otherwise determined shall be reduced by the amount of any such
expenses to the extent that such expenses are not paid or reimbursed.
(d) The term ``travel expenses'' means, with respect to a Member or
an officer or employee of the House, or a relative of any such
individual, the cost of transportation, and the cost of lodging and
meals while away from his or her residence or principal place of
employment.
(e) The term ``outside earned income'' means, with respect to a
Member, officer or employee, wages, salaries, fees, and other amounts
received or to be received as compensation for personal services
actually rendered but does not include--
(1) the salary of such individual as a Member, officer or
employee;
(2) any compensation derived by such individual for personal
services actually rendered prior to the effective date of this rule
or becoming such a Member, officer or employee, whichever occurs
later;
(3) any amount paid by, or on behalf of, a Member, officer or
employee, to a tax-qualified pension, profit-sharing, or stock bonus
plan and received by such individual from such a plan;
(4) in the case of a Member, officer or employee engaged in a
trade or business in which the individual or his family holds a
controlling interest and in which both personal services and capital
are income-producing factors, any amount received by such individual
so long as the personal services actually rendered by the individual
in the trade or business do not generate a significant amount of
income; and
(5) copyright royalties received from established publishers
pursuant to usual and customary contractual terms.
Outside earned income shall be determined without regard to any
community property law.
(f) The term ``charitable organization'' means an organization
described in section 170(c) of the Internal Revenue Code of 1986.
Rule XLVIII
permanent select committee on intelligence
1. (a) There is hereby established a permanent select committee to be
known as the Permanent Select Committee on Intelligence (hereinafter in
this rule referred to as the ``select committee''). The select committee
shall be composed of not more than sixteen Members, of whom not more
than nine may be from the same party. The select committee shall include
at least one Member from:
(1) the Committee on Appropriations;
(2) the Committee on National Security;
(3) the Committee on International Relations; and
(4) the Committee on the Judiciary.
(b)(1) The Speaker of the House and the minority leader of the House
shall be ex officio members of the select committee, but shall have no
vote in the committee and shall not be counted for purposes of
determining a quorum.
(2) The Speaker and minority leader each may designate a member of
their leadership staff to assist them in their capacity as ex officio
members, with the same access to committee meetings, hearings,
briefings, and materials as if employees of the select committee, and
subject to the same security clearance and confidentiality requirements
as employees of the select committee under this rule.
(c) No Member of the House other than the Speaker and the minority
leader may serve on the select committee during more than four
Congresses in any period of six successive Congresses (disregarding for
this purpose any service for less than a full session in any Congress),
except that the incumbent chairman or ranking minority member having
served on the select committee for four Congresses and having served as
chairman or ranking minority member for not more than one Congress shall
be eligible for reappointment to the select committee as chairman or
ranking minority member for one additional Congress.
2. (a) There shall be referred to the select committee all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following:
(1) The Central Intelligence Agency and the Director of Central
Intelligence, and the National Foreign Intelligence Program as defined
in section 3(6) of the National Security Act of 1947.
(2) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including, but not limited
to the tactical intelligence and intelligence-related activities of
the Department of Defense.
(3) The organization or reorganization of any department or agency
of the Government to the extent that the organization or
reorganization relates to a function or activity involving
intelligence or intelligence-related activities.
(4) Authorizations for appropriations, both direct and indirect, for
the following:
(A) The Central Intelligence Agency, Director of Central
Intelligence, and the National Foreign Intelligence Program as
defined in section 3(6) of the National Security Act of 1947.
(B) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including, but not
limited to, the tactical intelligence and intelligence-related
activities of the Department of Defense.
(C) Any department, agency, or subdivision, or program that is a
successor to any agency or program named or referred to in
subdivision (A) or (B).
(b) Any proposed legislation initially reported by the select
committee, except any legislation involving matters specified in
subparagraph (1) or (4)(A) of paragraph (a), containing any matter
otherwise within the jurisdiction of any standing committee shall, at
the request of the chairman of such stand
[[Page 2777]]
ing committee, be referred to such standing committee by the Speaker for
its consideration of such matter and be reported to the House by such
standing committee within the time prescribed by the Speaker in the
referral; and any proposed legislation initially reported by any
committee, other than the select committee, which contains any matter
within the jurisdiction of the select committee shall, at the request of
the chairman of the select committee, be referred by the Speaker to the
select committee for its consideration of such matter and be reported to
the House within the time prescribed by the Speaker in the referral.
(c) Nothing in this rule shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review any intelligence or intelligence-related activity to the extent
that such activity directly affects a matter otherwise within the
jurisdiction of such committee.
(d) Nothing in this rule shall be construed as amending, limiting, or
otherwise changing the authority of any standing committee of the House
to obtain full and prompt access to the product of the intelligence and
intelligence-related activities of any department or agency of the
Government relevant to a matter otherwise within the jurisdiction of
such committee.
3. (a) The select committee, for the purposes of accountability to the
House, shall make regular and periodic reports to the House on the
nature and extent of the intelligence and intelligence-related
activities of the various departments and agencies of the United States.
Such committee shall promptly call to the attention of the House or to
any other appropriate committee or committees of the House any matters
requiring the attention of the House or such other committee or
committees. In making such reports, the select committee shall proceed
in a manner consistent with clause 7 to protect national security.
(b) The select committee shall obtain an annual report from the
Director of the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence and
intelligence-related activities of the agency or department concerned
and the intelligence and intelligence-related activities of foreign
countries directed at the United States or its interest. An unclassified
version of each report may be made available to the public at the
discretion of the select committee. Nothing herein shall be construed as
requiring the public disclosure in such reports of the names of
individuals engaged in intelligence or intelligence-related activities
for the United States or the divulging of intelligence methods employed
or the sources of information on which such reports are based or the
amount of funds authorized to be appropriated for intelligence and
intelligence-related activities.
(c) On or before March 15 of each year, the select committee shall
submit to the Committee on the Budget of the House the views and
estimates described in section 301(c) of the Congressional Budget Act of
1974 regarding matters within the jurisdiction of the select committee.
4. To the extent not inconsistent with the provisions of this rule,
the provisions of clauses 1, 2, 3, and 5 (a), (b), (c), and (6) (a),
(b), (c) of rule XI shall apply to the select committee, except that,
notwithstanding the requirements of the first sentence of clause 2(g)(2)
of rule XI, a majority of those present, there being in attendance the
requisite number required under the rules of the select committee to be
present for the purpose of taking testimony or receiving evidence, may
vote to close a hearing whenever the majority determines that such
testimony or evidence would endanger the national security.
5. No employee of the select committee or any person engaged by
contract or otherwise to perform services for or at the request of such
committee shall be given access to any classified information by such
committee unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the House (including the
jurisdiction of the Committee on Standards of Official Conduct and of
the select committee as to the security of such information during and
after the period of his employment or contractual agreement with such
committee); and (2) received an appropriate security clearance as
determined by such committee in consultation with the Director of
Central Intelligence. The type of security clearance to be required in
the case of any such employee or person shall, within the determination
of such committee in consultation with the Director of Central
Intelligence, be commensurate with the sensitivity of the classified
information to which such employee or person will be given access by
such committee.
6. The select committee shall formulate and carry out such rules and
procedures as it deems necessary to prevent the disclosure, without the
consent of the person or persons concerned, of information in the
possession of such committee which unduly infringes upon the privacy or
which violates the constitutional rights of such person or persons.
Nothing herein shall be construed to prevent such committee from
publicly disclosing any such information in any case in which such
committee determines that national interest in the disclosure of such
information clearly outweighs any infringement on the privacy of any
person or persons.
7. (a) The select committee may, subject to the provisions of this
clause, disclose publicly any information in the possession of such
committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee action
is required to disclose any information under this clause, the committee
shall meet to vote on the matter within five days after any member of
the committee requests such a vote. No member of the select committee
shall disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the question of the
disclosure of such information or after such vote except in accordance
with this clause.
(b)(1) In any case in which the select committee votes to disclose
publicly any information which has been classified under established
security procedures, which has been submitted to it by the executive
branch, and which the executive branch requests be kept secret, such
committee shall notify the President of such vote.
(2) The select committee may disclose publicly such information after
the expiration of a five-day period following the day on which notice of
such vote is transmitted to the President, unless, prior to the
expiration of such five-day period, the President, personally in
writing, notifies the committee that he objects to the disclosure of
such information, provides his reasons therefor, and certifies that the
threat to the national interest of the United States posed by such
disclosure is of such gravity that it outweighs any public interest in
the disclosure.
(3) If the President, personally, in writing, notifies the select
committee of his objections to the disclosure of such information as
provided in subparagraph (2), such committee may, by majority vote,
refer the question of this disclosure of such information with a
recommendation thereon to the House for consideration. The committee
shall not publicly disclose such information without leave of the House.
(4) Whenever the select committee votes to refer the question of
disclosure of any information to the House under subparagraph (3), the
chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter to
the House for its consideration.
(5) If within four calendar days on which the House is in session,
after such recommendation is reported, no motion has been made by the
chairman of the select committee to consider, in closed session, the
matter reported under subparagraph (4), then such a motion will be
deemed privileged and may be made by any Member. The motion under this
subparagraph shall not be subject to debate or amendment. When made, it
shall be decided without intervening motion, except one motion to
adjourn.
(6) If the House adopts a motion to resolve into closed session, the
Speaker shall then be authorized to declare a recess subject to the call
of the Chair. At the expiration of such recess, the
[[Page 2778]]
pending question, in closed session, shall be, ``Shall the House approve
the recommendation of the select committee?''
(7) After not more than two hours of debate on the motion, such debate
to be equally divided and controlled by the chairman and ranking
minority member of the select committee, or their designees, the
previous question shall be considered as ordered and the House, without
intervening motion except one motion to adjourn, shall immediately vote
on the question, in open session but without divulging the information
with respect to which the vote is being taken. If the recommendation of
the select committee is not agreed to, the question shall be deemed
recommitted to the select committee for further recommendation.
(c)(1) No information in the possession of the select committee
relating to the lawful intelligence or intelligence-related activities
of any department or agency of the United States which has been
classified under established security procedures and which the select
committee, pursuant to paragraphs (a) or (b) of this clause, has
determined should not be disclosed shall be made available to any person
by a Member, officer, or employee of the House except as provided in
subparagraphs (2) and (3).
(2) The select committee shall, under such regulations as the
committee shall prescribe, make any information described in
subparagraph (1) available to any other committee or any other Member of
the House and permit any other Member of the House to attend any hearing
of the committee which is closed to the public. Whenever the select
committee makes such information available (other than to the Speaker),
the committee shall keep a written record showing, in the case of any
particular information, which committee or which Members of the House
received such information. No Member of the House who, and no committee
which, receives any information under this subparagraph, shall disclose
such information except in a closed session of the House.
(d) The Committee on Standards of Official Conduct shall investigate
any unauthorized disclosure of intelligence or intelligence-related
information by a Member, officer, or employee of the House in violation
of paragraph (c) and report to the House concerning any allegation which
it finds to be substantiated.
(e) Upon the request of any person who is subject to any such
investigation, the Committee on Standards of Official Conduct shall
release to such individual at the conclusion of its investigation a
summary of its investigation, together with its findings. If, at the
conclusion of its investigation, the Committee on Standards of Official
Conduct determines that there has been a significant breach of
confidentiality or unauthorized disclosure by a Member, officer, or
employee of the House, it shall report its findings to the House and
recommend appropriate action such as censure, removal from committee
membership, or expulsion from the House, in the case of a Member, or
removal from office or employment or punishment for contempt, in the
case of an officer or employee.
8. The select committee is authorized to permit any personal
representative of the President, designated by the President to serve as
a liaison to such committee, to attend any closed meeting of such
committee.
9. Subject to the rules of the House, no funds shall be appropriated
for any fiscal year, with the exception of a continuing bill or
resolution continuing appropriations, or amendment thereto, or
conference report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following activities,
unless such funds shall have been previously authorized by a bill or
joint resolution passed by the House during the same or preceding fiscal
year to carry out such activity for such fiscal year:
(a) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.
(b) The activities of the Defense Intelligence Agency.
(c) The activities of the National Security Agency.
(d) The intelligence and intelligence-related activities of other
agencies and subdivisions of the Department of Defense.
(e) The intelligence and intelligence-related activities of the
Department of State.
(f) The intelligence and intelligence-related activities of the
Federal Bureau of Investigation, including all activities of the
Intelligence Division.
10. (a) As used in this rule, the term ``intelligence and
intelligence-related activities'' includes (1) the collection, analysis,
production, dissemination, or use of information which relates to any
foreign country, or any government, political group, party, military
force, movement, or other association in such foreign country, and which
relates to the defense, foreign policy, national security, or related
policies of the United States, and other activity which is in support of
such activities; (2) activities taken to counter similar activities
directed against the United States; (3) covert or clandestine activities
affecting the relations of the United States with any foreign
government, political group, party, military force, movement, or other
association; (4) the collection, analysis, production, dissemination, or
use of information about activities of persons within the United States,
its territories and possessions, or nationals of the United States
abroad whose political and related activities pose, or may be considered
by any department, agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the internal security
of the United States, and covert or clandestine activities directed
against such persons.
(b) As used in this rule, the term ``department or agency'' includes
any organization, committee, council, establishment, or office within
the Federal Government.
(c) For purposes of this rule, reference to any department, agency,
bureau, or subdivision shall include a reference to any successor
department, agency, bureau, or subdivision to the extent that such
successor engages in intelligence or intelligence-related activities now
conducted by the department, agency, bureau, or subdivision referred to
in this rule.
11. Clause 6(a) of rule XXVIII does not apply to conference committee
meetings respecting legislation (or any part thereof) reported from the
Permanent Select Committee on Intelligence.
Rule XLIX
establishment of statutory limit on the public debt
1. Upon the adoption by the Congress (under section 301 or 304 of the
Congressional Budget Act of 1974) of any concurrent resolution on the
budget setting forth as the appropriate level of the public debt for the
period to which such concurrent resolution relates an amount which is
different from the amount of the statutory limit on the public debt that
would otherwise be in effect for such period, the enrolling clerk of the
House of Representatives shall prepare an engrossment of a joint
resolution, in the form prescribed in clause 2, increasing or decreasing
the statutory limit on the public debt. The vote by which the conference
report on the concurrent resolution on the budget was agreed to in the
House (or by which the concurrent resolution itself was adopted in the
House, if there is no conference report) shall be deemed to have been a
vote in favor of such joint resolution upon final passage in the House
of Representatives. Upon the engrossment of such joint resolution it
shall be deemed to have passed the House of Representatives and been
duly certified and examined; the engrossed copy shall be signed by the
Clerk and transmitted to the Senate for further legislative action; and
(upon final passage by both Houses) the joint resolution shall be signed
by the presiding officers of both Houses and presented to the President
for his signature (and otherwise treated for all purposes) in the manner
provided for bills and joint resolutions generally.
2. The matter after the resolving clause in any joint resolution
described in clause 1 shall be as follows: ``That subsection (b) of
section 3101 of title 31, United States Code, is amended by striking out
the dollar limitation contained in such subsection and inserting in lieu
thereof `$ '.'', with the blank being filled in with a
limitation equal to the appropriate level of the public debt as set
forth, pursuant to section 301(a)(5) of the Congressional Budget Act of
1974, in the concurrent
[[Page 2779]]
resolution on the budget (whether such resolution was adopted under
section 301, 304, or 310 of such Act). Only one joint resolution shall
be prepared under clause 1 upon the adoption of any concurrent
resolution on the budget; and, if the concurrent resolution set forth a
different appropriate level of the public debt (pursuant to such section
301(a)(5)) for each of two separate periods, the blank referred to in
the preceding sentence shall be filled in with both the limitation which
is to apply for the later of the two periods (specifying the date on
which that limitation is to take effect) and the limitation which is to
apply for the earlier of such periods.
3. The report of the Committee on the Budget of the House of
Representatives accompanying any concurrent resolution on the budget
under section 301(d) of the Congressional Budget Act of 1974, as well as
the joint explanatory statement accompanying the conference report on
any concurrent resolution on the budget, shall contain a clear statement
of the effect under this rule that the adoption by both the House and
the Senate of such concurrent resolution in the form in which it is
being reported (and the adoption of the joint resolution thereupon
prepared and enrolled under clause 1) would have upon the statutory
limit on the public debt. It shall not be in order in the House of
Representatives at any time to consider or adopt any concurrent
resolution on the budget (or agree to any conference report thereon) if
at that time the report accompanying such concurrent resolution (or the
joint statement accompanying such conference report) does not comply
with the requirements of this clause.
4. Nothing in this rule shall be construed as limiting or otherwise
affecting the power of the House of Representatives or the Senate to
consider and pass a bill which (without regard to the procedures under
clause 1) changes the statutory limit on the public debt most recently
established under this rule or otherwise; and the rights of Members and
committees of the House with respect to the introduction, consideration,
and reporting of any such bill shall be determined as though this rule
had not been adopted.
5. As used in this rule, the term ``statutory limit on the public
debt'' means the maximum face amount of obligations issued under
authority of chapter 31 of title 31, United States Code and obligations
guaranteed as to principal and interest by the United States (except
such guaranteed obligations as may be held by the Secretary of the
Treasury), determined under section 3101(b) of title 31 after the
application of section 3101(a) of title 31 which may be outstanding at
any one time.
Rule L
procedure for response to subpoenas
1. When any Member, officer, or employee of the House of
Representatives is properly served with a subpoena or other judicial
order directing appearance as a witness relating to the official
functions of the House or for the production or disclosure of any
documents relating to the official functions of the House, such Member,
officer, or employee shall comply, consistently with the privileges and
rights of the House, with said subpoena or other judicial order as
hereinafter provided, unless otherwise determined pursuant to the
provisions of this rule.
2. Upon receipt of a properly served subpoena or other judicial order
directing appearance as a witness relating to the official functions of
the House or for the production or disclosure of any documents relating
to the official functions of the House, such Member, officer, or
employee shall promptly notify, in writing, the Speaker of its receipt
and such notification shall then be promptly laid before the House by
the Speaker, except that during a period of recess or adjournment of
longer than three days, no such notification to the House shall be
required. However, upon the reconvening of the House, such notification
shall then be promptly laid before the House by the Speaker.
3. Once notification has been laid before the House, the Member,
officer, or employee shall determine whether the issuance of the
subpoena or other judicial order is a proper exercise of the court's
jurisdiction, is material and relevant, and is consistent with the
privileges and rights of the House. The Member, officer, or employee
shall notify the Speaker prior to seeking judicial determination of
these matters.
4. Upon determination whether the subpoena or other judicial order is
a proper exercise of the court's jurisdiction, is material and relevant,
and is consistent with the privileges and rights of the House, the
Member, officer, or employee shall immediately notify, in writing, the
Speaker of such a determination.
5. The Speaker shall inform the House of the determination of whether
the subpoena or other judicial order is a proper exercise of the court's
jurisdiction, is material and relevant, and is consistent with the
privileges and rights of the House, and shall generally describe the
records or information sought, except that during any recess or
adjournment of the House for longer than three days, no such
notification is required. However, upon the reconvening of the House,
such notification shall then be promptly laid before the House by the
Speaker.
6. Upon such notification to the House that said subpoena is a proper
exercise of the court's jurisdiction, is material and relevant, and is
consistent with the privileges and rights of the House, the Member,
officer, or employee shall comply with such subpoena or other judicial
order by supplying certified copies, unless the House adopts a
resolution to the contrary; except that under no circumstances shall any
minutes or transcripts of executive sessions, or any evidence of
witnesses in respect thereto, be disclosed or copied. Should the House
be in recess or adjournment for longer than three days, the Speaker may
authorize compliance or take such other action as he deems appropriate
under the circumstances during the pendency of such recess or
adjournment. And upon the reconvening of the House, all matters having
transpired under this clause shall be laid promptly before the House by
the Speaker.
7. A copy of this rule shall be transmitted by the Clerk of the House
to any of said courts whenever any such subpoena or other judicial order
is issued and served on a Member, officer, or employee of the House.
8. Nothing in this rule shall be construed to deprive, condition or
waive the constitutional or legal rights applicable or available to any
Member, officer, or employee of the House, or of the House itself, or
the right of a Member or the House to assert such privilege or right
before any court in the United States, or the right of the House
thereafter to assert such privilege or immunity before any court in the
United States.
Rule LI
employment practices
1. The Committee on House Oversight shall have authority to issue
rules and regulations applying the rights and protections of the Fair
Labor Standards Act in the House, including, but not limited to,
determination of exemption categories, permitting the use of
compensatory time as compensation under the maximum work week provisions
of the Act, describing the recordkeeping requirements and providing that
such recordkeeping provisions do not apply with respect to employees
exempted pursuant to the Committee's Rules and Regulations.
Nondiscrimination in Employment
2. (a) Personnel actions affecting employment positions in the House
of Representatives shall be made free from discrimination based on race,
color, national origin, religion, sex (including marital or parental
status), disability, or age.
(b) Interpretations under paragraph (a) shall reflect the principles
of current law, as generally applicable to employment.
(c) Paragraph (a) does not prohibit the taking into consideration of--
(1) the domicile of an individual with respect to a position under
the clerk-hire allowance; or
(2) the political affiliation of an individual with respect to a
position under the clerk-hire allowance or a position on the staff of
a committee or a position under all support offices, except as
otherwise stated in the Rules of the House of Representatives.
Procedure
3. The procedure for consideration of alleged violations of clause 2
consists of three steps as follows:
[[Page 2780]]
(a) step I, Counseling and Mediation, as set forth in clause 5;
(b) step II, Formal Complaint, Hearing, and Review by the Office of
Fair Employment Practices, as set forth in clause 6; and
(c) step III, Final Review by Review Panel, as set forth in clause
7.
Office of Fair Employment Practices
4. There is established an Office of Fair Employment Practices
(hereafter in this rule referred to as the ``Office''), which shall
carry out functions assigned under this rule. Employees and Hearing
Officers of the Office shall be appointed by, and serve at the pleasure
of, the Chairman and the ranking minority party member of the Committee
on House Oversight, acting jointly, and shall be under the
administrative direction of the Clerk of the House of Representatives.
The Office shall be located in the District of Columbia.
Step I: Counseling and Mediation
5. (a) An individual aggrieved by an alleged violation of clause 2 may
request counseling by counselors in the Office, who shall provide
information with respect to rights and related matters under that
clause. A request for counseling shall be made not later than one
hundred and eighty days after the alleged violation and may be oral or
written, at the option of the individual. The period for counseling is
thirty days, unless the employee and the Office agree to reduce the time
period. The Office may not notify the employing authority of the
counseling before the beginning of mediation or the filing of a formal
complaint, whichever occurs first.
(b) If, after counseling, the individual desires to proceed, the
Office shall attempt to resolve the alleged violation through mediation
between the individual and the employing authority.
Step II: Formal Complaint, Hearing, and Review by the Office of Fair
Employment Practices
6. (a) Not later than thirty days after the end of the counseling
period, the individual may file a formal complaint with the Office. Not
later than ten days after filing the formal complaint, the individual
may file with the Office a written request for a hearing on the
complaint.
(b) The hearing shall be conducted--
(1) not later than forty days after filing of the written request
under paragraph (a);
(2) on the record by a Hearing Officer of the Office appointed under
the procedures set forth in clause 4; and
(3) to the greatest extent practicable, in accordance with the
principles and procedures set forth in sections 555 and 556 of title
5, United States Code.
(c) Not later than thirty days after the hearing, the Office shall
issue a written decision to the parties. The decision shall clearly
state the issues raised by the complaint, and shall contain a
determination as to whether a violation of clause 2 has occurred.
Step III: Final Review by Review Panel
7. (a) In General. Not later than twenty days after issuance of the
decision under clause 6, any party may seek formal review of the
decision by filing a written request with the Office. The formal review
shall be conducted by a panel constituted at the beginning of each
Congress and composed of--
(1) two elected officers or employees of the House of
Representatives, appointed by the Speaker;
(2) two employees of the House of Representatives appointed by the
minority leader of the House of Representatives;
(3) two members of the Committee on House Oversight (one of whom
shall be appointed as chairman of the panel), appointed by the
Chairman of that Committee; and
(4) two members of the Committee on House Oversight, appointed by
the ranking minority party member of that Committee.
If any member of the panel withdraws from a particular review, the
appointing authority for such member shall appoint another officer,
employee, or Member of the House of Representatives, as the case may be,
to be a temporary member of the panel for purposes of that review only.
(b) The review under this clause shall consist of a hearing (conducted
in the manner described in clause 6(b)(3)), if such hearing is
considered necessary by the panel, and an examination of the record,
together with any statements or other documents the panel deems
appropriate. A tie vote by the panel is an affirmation of the decision
of the Office. The panel shall complete the review and submit a written
decision to the parties and to the Committee on House Oversight not
later than sixty days after filing of the request under paragraph (a),
except that when the House has adjourned sine die, in which case an
extension of up to sixty additional days is authorized.
Resolution by Agreement
8. If, after a formal complaint is filed under clause 6, the parties
resolve the issues involved, the parties shall enter into a written
agreement, which shall be effective--
(1) in the case of a matter under review by the Office under clause
6, if approved by the Office; and
(2) in the case of a matter under review by a panel under clause 7,
if approved by the panel.
Remedies
9. The Office or a review panel, as the case may be, may order one or
more of the following remedies:
(a) monetary compensation, to be paid from the clerk-hire allowance
of a Member, or from personnel finds of a committee of the House or
other entity, as appropriate;
(b) monetary compensation, to be paid from the contingent fund of
the House of Representatives;
(c) injunctive relief;
(d) costs and attorney fees; and
(e) employment, reinstatement to employment, or promotion (with or
without back pay).
Costs of Attending Hearings
10. An individual with respect to whom a hearing is held under this
rule shall be reimbursed for actual and reasonable costs of attending
the hearing, if the individual resides outside the location of the
hearing. Witnesses required to attend the hearings by the Hearing
Officer as necessary to a fair and justiciable hearing shall be
reimbursed for actual and reasonable costs of attending the hearing if
they reside outside the location of the hearing. Expenses are to he paid
from the contingent fund of the House of Representatives.
Prohibition of Intimidation
11. Any intimidation of, or reprisal against, any person by an
employing authority because of the exercise of a right under this rule
is a violation of clause 2.
Closed Hearings and Confidentiality
12. All hearings under this rule shall be closed. All information
relating to any procedure under this rule is confidential, except that a
decision of the Office under clause 6 or a decision of a review panel
under clause 7 shall be published, if the decision constitutes a final
disposition of the matter.
Exclusivity of Procedures and Remedies
13. The procedures and remedies under this rule are exclusive except
to the extent that the Rules of the House of Representatives and the
Rules of the House Committee on Standards of Official Conduct provide
for additional procedures and remedies.
Requests for Witnesses and Information
14. The Office of Fair Employment Practices and the Fair Employment
Practices Review Panel may issue, and the addressees shall comply with,
written requests for the production of documents and the attendance of
witnesses, if such requests are necessary and relevant to the proper
examination of the issues.
Internal Procedures for Resolution of Possible Violations
15. It is the policy of the House of Representatives to encourage each
employing authority to establish internal procedures for examining and
resolving possible violations of this rule. To the greatest extent
practicable, the Office of Fair Employment Practices shall take such
action (consistent with the rights of the parties) as may be necessary
to encourage initial use of such procedures.
Definitions
16. As used in this rule--
(a) the term ``employment position'' means, with respect to the
House of Representatives, a position the pay for which is disbursed by
the
[[Page 2781]]
Clerk of the House of Representatives, or other official designated by
the House of Representatives, and any employment position in a
legislative service organization or other entity that is paid through
funds derived from the clerk-hire allowance;
(b) the term ``employing authority'' means, the Member of the House
of Representatives or elected officer of the House of Representatives,
or the Director of the Congressional Budget Office, with the power to
appoint the employee;
(c) the term ``Member of the House of Representatives'' means a
Representative in, or a Delegate or Resident Commissioner to, the
Congress; and
(d) the term ``elected officer of the House of Representatives''
means an elected officer of the House of Representatives (other than
the Speaker and the Chaplain).
Rule LII
gift rule
1. (a) No Member, officer, or employee of the House of
Representatives shall knowingly accept a gift except as
provided in this rule.
(b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
(2)(A) A gift to a family member of a Member, officer, or
employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time and
place to both a Member, officer, or employee and the spouse
or dependent thereof, only the food or refreshment provided
to the Member, officer, or employee shall be treated as a
gift for purposes of this rule.
(c) The restrictions in paragraph (a) shall not apply to
the following:
(1) Anything for which the Member, officer, or employee
pays the market value, or does not use and promptly returns
to the donor.
(2) A contribution, as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, a lawful contribution
for election to a State or local government office, or
attendance at a fundraising event sponsored by a political
organization described in section 527(e) of the Internal
Revenue Code of 1986.
(3) A gift from a relative as described in section 109(16)
of title I of the Ethics in Government Act of 1978 (Public
Law 95-521).
(4)(A) Anything provided by an individual on the basis of a
personal friendship unless the Member, officer, or employee
has reason to believe that, under the circumstances, the gift
was provided because of the official position of the Member,
officer, or employee and not because of the personal
friendship.
(B) In determining whether a gift is provided on the basis
of personal friendship, the Member, officer, or employee
shall consider the circumstances under which the gift was
offered, such as:
(i) The history of the relationship between the individual
giving the gift and the recipient of the gift, including any
previous exchange of gifts between such individuals.
(ii) Whether to the actual knowledge of the Member,
officer, or employee the individual who gave the gift
personally paid for the gift or sought a tax deduction or
business reimbursement for the gift.
(iii) Whether to the actual knowledge of the Member,
officer, or employee the individual who gave the gift also at
the same time gave the same or similar gifts to other
Members, officers, or employees.
(5) Except as provided in clause 3(c), a contribution or
other payment to a legal expense fund established for the
benefit of a Member, officer, or employee that is otherwise
lawfully made in accordance with the restrictions and
disclosure requirements of the Committee on Standards of
Official Conduct.
(6) Any gift from another Member, officer, or employee of
the Senate or the House of Representatives.
(7) Food, refreshments, lodging, transportation, and other
benefits--
(A) resulting from the outside business or employment
activities (or other outside activities that are not
connected to the duties of the Member, officer, or employee
as an officeholder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee, if such
benefits have not been offered or enhanced because of the
official position of the Member, officer, or employee and are
customarily provided to others in similar circumstances;
(B) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
(C) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(9) Informational materials that are sent to the office of
the Member, officer, or employee in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
(12) Training (including food and refreshments furnished to
all attendees as an integral part of the training) provided
to a Member, officer, or employee, if such training is in the
interest of the House of Representatives.
(13) Bequests, inheritances, and other transfers at death.
(14) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
(15) Anything which is paid for by the Federal Government,
by a State or local government, or secured by the Government
under a Government contract.
(16) A gift of personal hospitality (as defined in section
109(14) of the Ethics in Government Act) of an individual
other than a registered lobbyist or agent of a foreign
principal.
(17) Free attendance at a widely attended event permitted
pursuant to paragraph (d).
(18) Opportunities and benefits which are--
(A) available to the public or to a class consisting of all
Federal employees, whether or not restricted on the basis of
geographic consideration;
(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
(C) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
(D) offered to any group or class that is not defined in a
manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
(E) in the form of loans from banks and other financial
institu
[[Page 2782]]
tions on terms generally available to the public; or
(F) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
(19) A plaque, trophy, or other item that is substantially
commemorative in nature and which is intended for
presentation.
(20) Anything for which, in an unusual case, a waiver is
granted by the Committee on Standards of Official Conduct.
(21) Food or refreshments of a nominal value offered other
than as a part of a meal.
(22) Donations of products from the State that the Member
represents that are intended primarily for promotional
purposes, such as display or free distribution, and are of
minimal value to any individual recipient.
(23) An item of nominal value such as a greeting card,
baseball cap, or a T-shirt.
(d)(1) A Member, officer, or employee may accept an offer
of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the sponsor
of the event, if--
(A) the Member, officer, or employee participates in the
event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
(B) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
(2) A Member, officer, or employee who attends an event
described in subparagraph (1) may accept a sponsor's
unsolicited offer of free attendance at the event for an
accompanying individual.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with the event.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does not
include entertainment collateral to the event, nor does it
include food or refreshments taken other than in a group
setting with all or substantially all other attendees.
(e) No Member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal
friendship exception in paragraph (c)(4) unless the Committee
on Standards of Official Conduct issues a written
determination that such exception applies. No determination
under this paragraph is required for gifts given on the basis
of the family relationship exception.
(f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
2. (a)(1) A reimbursement (including payment in kind) to a
Member, officer, or employee from a private source other than
a registered lobbyist or agent of a foreign principal for
necessary transportation, lodging and related expenses for
travel to a meeting, speaking engagement, factfinding trip or
similar event in connection with the duties of the Member,
officer, or employee as an officeholder shall be deemed to be
a reimbursement to the House of Representatives and not a
gift prohibited by this rule, if the Member, officer, or
employee--
(A) in the case of an employee, receives advance
authorization, from the Member or officer under whose direct
supervision the employee works, to accept reimbursement, and
(B) discloses the expenses reimbursed or to be reimbursed
and the authorization to the Clerk of the House of
Representatives within 30 days after the travel is completed.
(2) For purposes of paragraph (a)(1), events, the
activities of which are substantially recreational in nature,
shall not be considered to be in connection with the duties
of a Member, officer, or employee as an officeholder.
(b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
(1) the name of the employee;
(2) the name of the person who will make the reimbursement;
(3) the time, place, and purpose of the travel; and
(4) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
(c) Each disclosure made under paragraph (a)(1) of expenses
reimbursed or to be reimbursed shall be signed by the Member
or officer (in the case of travel by that Member or officer)
or by the Member or officer under whose direct supervision
the employee works (in the case of travel by an employee) and
shall include--
(1) a good faith estimate of total transportation expenses
reimbursed or to be reimbursed;
(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses reimbursed
or to be reimbursed;
(4) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
(5) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
paragraph (d); and
(6) in the case of a reimbursement to a Member or officer,
a determination that the travel was in connection with the
duties of the Member or officer as an officeholder and would
not create the appearance that the Member or officer is using
public office for private gain.
(d) For the purposes of this clause, the term ``necessary
transportation, lodging, and related expenses''--
(1) includes reasonable expenses that are necessary for
travel for a period not exceeding 4 days within the United
States or 7 days exclusive of travel time outside of the
United States unless approved in advance by the Committee on
Standards of Official Conduct;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in subparagraph (1);
(3) does not include expenditures for recreational
activities, nor does it include entertainment other than that
provided to all attendees as an integral part of the event,
except for activities or entertainment otherwise permissible
under this rule; and
(4) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee.
(e) The Clerk of the House of Representatives shall make
available to the public all advance authorizations and
disclosures of reimbursement filed pursuant to paragraph (a)
as soon as possible after they are received.
3. A gift prohibited by clause 1(a) includes the following:
(a) Anything provided by a registered lobbyist or an agent
of a foreign principal to an entity that is maintained or
controlled by a Member, officer, or employee.
(b) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a registered
lobbyist or an agent of a foreign principal on the basis of a
designation, recommendation, or other specification of a
Member, officer, or employee (not including a mass mailing or
other solicitation directed to a broad category of persons or
entities), other than a charitable contribution permitted by
clause 4.
(c) A contribution or other payment by a registered
lobbyist or an agent of a foreign principal to a legal
expense fund established for the benefit of a Member,
officer, or employee.
[[Page 2783]]
(d) A financial contribution or expenditure made by a
registered lobbyist or an agent of a foreign principal
relating to a conference, retreat, or similar event,
sponsored by or affiliated with an official congressional
organization, for or on behalf of Members, officers, or
employees.
4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee shall
not be considered a gift under this rule if it is reported as
provided in paragraph (b).
(b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in paragraph (a) shall report
within 30 days after such designation or recommendation to
the Clerk of the House of Representatives--
(1) the name and address of the registered lobbyist who is
making the contribution in lieu of honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable organization
designated or recommended by the Member.
The Clerk of the House of Representatives shall make public
information received pursuant to this paragraph as soon as
possible after it is received.
5. For purposes of this rule--
(a) the term ``registered lobbyist'' means a lobbyist
registered under the Federal Regulation of Lobbying Act or
any successor statute; and
(b) the term ``agent of a foreign principal'' means an
agent of a foreign principal registered under the Foreign
Agents Registration Act.
6. All the provisions of this rule shall be interpreted and
enforced solely by the Committee on Standards of Official
Conduct. The Committee on Standards of Official Conduct is
authorized to issue guidance on any matter contained in this
rule.
[[Page 2959]]
TABLE OF INDEXES
------------
Page
QUESTIONS OF ORDER.........................................
2787
HISTORY OF BILLS AND RESOLUTIONS...........................
2843
INDEX SUBJECTS.............................................
2958
INDEX......................................................
2959
APPENDIX TO INDEX..........................................
3173
QUESTIONS OF ORDER
QUESTIONS OF ORDER
QUESTIONS OF ORDER
DECIDED IN THE HOUSE OF REPRESENTATIVES AT THE FIRST SESSION, ONE
HUNDRED FIFTH CONGRESS
hon. newt gingrich of Georgia, speaker
robin h. carle of virginia, clerk
[[Page 2787]]
.
QUESTIONS OF ORDER
question of privileges
(para.1.11)
A resolution alleging that the inability of the House to enact
continuing appropriations for the operation of the Government
constitutes an impairment of the dignity of the House, the integrity of
its proceedings, and its place in public esteem, and resolving that the
House be considered to have concurred in a specified Senate amendment
continuing such appropriations, does not give rise to a question of the
privileges of the House under rule IX.
A question of the privileges of the House may not be invoked to
prescribe a special order of business for the House, since otherwise any
Member would be able to allege impact on the dignity of the House based
upon any legislative action or inaction.
The House laid on the table an appeal from the ruling of the Speaker pro
tempore.
On January 3, 1996, Mr. GEPHARDT, pursuant to clause 2(a)(1) of rule
IX, called up the following resolution (H. Res. 328) as a question of
the privileges of the House:
Whereas clause 1 of rule IX of the Rules of the House of
Representatives states that ``Questions of privilege shall
be, first, those affecting the rights of the House
collectively, its safety, dignity, and the integrity of its
proceedings'';
Whereas over 280,000 Federal employees have been barred
from performing the jobs for which they eventually will be
paid;
Whereas more than 480,000 Federal employees are required to
report for work without being paid their full salaries at
regular intervals;
Whereas the public is not receiving the benefits of their
tax dollars; and
Whereas the inability of the House of Representatives to
act on legislation keeping the Government in operation
impairs the dignity and the integrity of the House and the
esteem the public holds for the House; Now, therefore, be it
Resolved, that upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill H.R. 1643, with a Senate amendment thereto,
and concurred in the Senate amendment, and that a motion to
reconsider that action shall be considered as laid on the
table.
Mr. ARMEY was recognized and said:
``Mr. Speaker, I would like to speak on the question of privilege.
``Mr. Speaker, I do not believe this is a question of privilege, and I
take umbrage at the minority leader's use of the time allotted to him to
speak on the question of privilege of the House to give what can only be
characterized as a political speech.
``Mr. Speaker, it includes the kind of accuracy that one encounters in
political speeches, and I feel compelled to make the point. We do have a
partial shutdown of the Federal Government.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman [Mr. Armey] will confine his remarks to the question
before the House, which is whether or not the resolution constitutes a
question of privilege.''.
Mr. ARMEY, further addressed the question of privilege, and said;
``Mr. SPEAKER, in my opinion, the gentleman [Mr. Gephardt] does not
have a resolution that constitutes a question of privilege of the House,
and I urge the Chair to so rule.
``Let me just say in so doing that I share the consternation of the
gentleman [Mr. Gephardt] over the President shutting down the
Government.''.
Mr. OBEY was recognized and said:
``Mr. Speaker, let me simply say, it is my understanding that rule IX
of the House allows for privileged resolutions to be considered by the
House when actions have been taken which affect the rights of the House
collectively, its safety, its dignity, and its integrity. It seems to me
that is certainly the situation at this moment, because we have a
fundamental misuse of taxpayers' money appropriated by this House.
``It seems to me, Mr. Speaker, that it is a fundamental misuse of
taxpayers' dollars, which are appropriated by this House, when we have a
situation in which workers are being paid--''
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman has now wandered beyond discussing a question of
privilege. The Chair will remind the gentleman that he has the same
obligation as all Members to discuss the matter before the House, which
is whether or not the resolution as presented by the minority leader,
constitutes a question of privilege under rule IX.''.
Mr. OBEY, further addressed the question of privilege, and said:
``Mr. Speaker, that is what I am trying to do. What I was simply
attempting to say is that I think that certainly the dignity of the
House and the integrity of the House are brought into question when a
situation is allowed to continue which, in effect, has taxpayers' money
provided for work that Government employees have not done and when you
have workers required to perform work for which they are not paid--that
is certainly not meeting the standard of dignity and decency and honor
which we have a right to expect in this House.
``I think, on those grounds alone, rule IX would dictate that we ought
to be able to proceed with this resolution.''.
Mr. LINDER was recognized and said:
``Mr. Speaker, we are engaged in a great debate over the direction of
the country. It is messy. It has always been thus. No one, however, is
questioning the integrity of the people on either side of this House on
this debate. We do not question those on the left and they should not
question us on the right. We are intending to reshape the Government,
and that requires a great debate.
``I think the speeches and the positions of individuals on both sides
are dignified. There is no less dignity or more dignity by just stating
opinions as to the question of the safety of the Members of the House. I
see no one here unsafe. I think the Chair should rule against this
question of privilege.''.
Mr. STENHOLM was recognized and said:
``Mr. Speaker, I would address my comments to the words `dignity' and
`integrity' of the proceedings of the House of Representatives, as well
as the second statement that says, `those affecting the rights and the
reputation and conduct of Members individually in their representative
capacity only.'
``When we had this resolution before you last week, Mr. Speaker, you
ruled against this as a question of privilege, but I am asking you to
take another look at the rules of the House and the questions of
privilege that shall be, first, those affecting the rights of the House
collectively, its safety, its dignity, and the integrity of its
proceedings.
``I would suggest, Mr. Speaker, that the integrity of the proceedings
of the 104th Congress, 1st session just adjourned, and the beginning of
the 2nd session, the integrity of the proceedings of the House of
Representatives is being called into question by the procedure in which
we are being asked to follow without allowing a vote of the will of the
majority as to whether or not the issue in question shall be put to the
body of the House of Representatives.
``It seems to me that we have been guilty, in the conduct of our
proceedings, of mixing an appropriation
[[Page 2788]]
process with a budget process, of which a further reading of the Rules
of the House of Representatives will clearly show that they are two
separate issues and should not be commingled. But it is my argument in
behalf of the minority leader's motion of privilege that a careful
examination of the Rules of the House, the integrity of our proceedings
will be called into question unless you find it to rule in favor of
those who wish to have a simple, up and down vote as to whether or not
the work of the Congress, the work of our Government shall proceed as we
follow the regular order.
``No Member of this body is more in favor of balancing the budget. I
would rather do it in the regular order, and it seems to me that having
the continued impasse is not in the best interests of the integrity of
this body. Certainly as an individual Member, I am receiving the calls
from people whose service is being denied because of these actions.
``Mr. Speaker, I would ask that you find in favor of this motion of
privilege. Basically it is to do one thing, to preserve the dignity and
integrity of the House of Representatives in one simple aspect, allowing
a vote. Let us now express ourselves as to the merits of the issue
before us. That is all that we are asking for.''.
Mr. MORAN was recognized and said:
``Mr. Speaker, I would like to address the issue of this motion
relating to the integrity of this House.
``To do so, I would like to quote initially today's Congressional
Record, specifically the majority leader of the Senate, Senator DOLE.
``Senator DOLE, I quote, says, `Let me just say I read a wire story,
there's a split between the House and the Senate on what ought to
happen. I do not get that feeling at all in talking with the Speaker. In
fact, we just had a 30-minute meeting.'.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman is not discussing the matter before the House which is
the question of privilege. The gentleman will confine his remarks to the
matter before the House.''.
Mr. MORAN, further addressed the question of privilege, and said:
``I will attempt to do that, Mr. Speaker.
``I was reading the introduction of comments that I think are quite
relevant.
``The majority leader of the Senate, in offering this motion and
speaking to it prior to its passage in the Senate, which it has now,
this is the very same motion offered by the minority leader.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair will remind the gentleman of the proceedings of the House.
He is not to quote matters that have taken place in the other body
unless they relate specifically to the matter before the House, which is
the question of privilege. So the gentleman will have to confine his
remarks to those matters that relate to the question of privilege before
the House.''.
Mr. MORAN, further addressed the question of privilege, and said:
``I will accept the Speaker's interpretation of what I was saying.
Rather than quote the majority leader of the Senate, I will simply say
that his comments, I felt, were relevant, and this is the very same
legislation that is being offered here.
``Let me make the second point that I wanted to make with regard to
the integrity of this House.
``When this House voted to go on vacation and leave the Government
shut down, I think that went directly to the integrity of this House.
Now we have an opportunity, with legislation immediately before us, to
pass that legislation to get the Government up and running. The other
body has seen fit to do that.
``I think it goes directly to the integrity of this House.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair is attempting to proceed along the regular order, but it
is difficult if Members engage in discussion that goes beyond the
question of privilege before the House. The gentleman will confine his
remarks to the question of whether or not the resolution before the
House constitutes a question of privilege.''.
Mr. MORAN, further addressed the question of privilege, and said:
``Mr. Speaker, I cannot imagine anything that goes more directly to
the integrity of this House and the issues for which we are responsible
than to act in a constructive way when we understand that the American
public is shut out of its Government and Federal employees are shut out
of their jobs.
``We took action to go on vacation when that was the case. We have an
opportunity to rectify it. I think it is consistent with the integrity
of this House to rectify it now.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair will inform the Member that he has an obligation to
discuss those matters that are before the House.''.
Mr. THORNTON was recognized and said:
``Mr. Speaker, I wish to be heard on the question of privileges of the
House, of this motion.
``Mr. Speaker, this motion calls upon the House to exercise its duty
under the Constitution of the United States, which provides in relevant
part that the Congress shall make appropriation for the functioning of
Government. It say specifically no money shall be withdrawn from the
Treasury except upon appropriation of the Congress.
``Nowhere in the Constitution is the President authorized to make an
appropriation--I am not trying to assess blame for where we are. We are
talking about how to get out--the question is, how do we resolve the
impasse? The impasse must be resolved by the Congress performing its
duty under the Constitution of the United States.
``If performance of our duties under the Constitution is not a
question of privilege, I would like to ask whether the Contract With
America overrides the Constitution?
``Mr. Speaker, this is very important, because having placed the
responsibility for appropriations for the operation of government upon
the Congress and upon no other element of government, a failure to act
becomes an abuse of power, and a failure to act by refusing to allow a
vote upon a measure which has passed the other body is an abuse of
power. This is clearly a question of privilege under the Constitution of
the United States.''.
Mr. VOLKMER was recognized and said:
``Mr. Speaker, yes, I would like to speak in favor of the resolution
by the minority leader, and I would like to point out that the gentleman
from Arkansas came very close to the words that I am about to speak but
did not quite get there.
``That is, under our Constitution, as he correctly points out, only
this House can originate appropriations bills. It is only through those
appropriation bills that this Government and all its agencies and
employees operate. Without those appropriation bills, there is no
Government that can function at all.
``If that comes about, I say that does affect the dignity and
integrity of this House, the integrity of this House by nonaction
altogether.
``Now, if by nonacting, and if this Congress, this body, this year
would fail to even originate one appropriation bill, the President
cannot spend a penny, the other body cannot spend a penny. Only this
House can originate those bills.
``And the failure to originate the bills is not a violation of rule IX
and the dignity of this House and the integrity of this House, Mr.
Speaker, I wish you to think very carefully about this, that surely
would affect the dignity and integrity of this House by failure to
follow the Constitution of the United States.
``No. 2, if that is a violation of rule IX, then the failure to do a
part thereof would also be a failure, and therefore would affect the
dignity and integrity of the rules.
``Therefore, there is no question in my mind that if this House fails
to act on all appropriation bills or fails to act on one or two, it
still affects the dignity. You say, well, we have a procedure we can
follow through a discharge. If you do not have a majority, Mr. Speaker,
you cannot discharge anything.
``Therefore, through the actions of the majority, the Government could
be shut down altogether, all avenues of Government. There has to be a
methodology for the rest of the House to be
[[Page 2789]]
able to follow to deep the Government functioning.''.
Mr. CARDIN was recognized and said:
``Mr. Speaker, speaking on the point of privilege, I think it is
important to point out that rule IX refers to questions of privilege
that affect the dignity and integrity of the House.
``We are a Government of the people. We have been back in our
districts. Does anyone here think that the procedures that we have been
using, that the people of our district do not believe that the dignity
and integrity of this House is in question?
``I urge the Speaker to rule in favor of this matter being a matter of
privilege so that we can uphold the great dignity of this House.''.
Mr. WYNN was recognized and said:
``Mr. Speaker, I rise in support of the resolution and specifically
address the issue of the integrity of the House.
``Mr. Speaker, I believe this resolution is appropriate because by our
inaction, we have compelled the services of certain Federal employees,
specifically those being the essential Federal employees performing such
services as prison guards, security, and the like, compelled their
services without compensation. It is unclear to me what definition of
integrity the Chair is utilizing, but I would say that under most
generally accepted definitions of integrity, compelling services from
employees without compensation when it is within our power to provide
them with compensation is in fact a question of the integrity of the
House.
``On that basis, I believe that this resolution, which addresses the
integrity of the House by requiring us to take action to provide
compensation to those employees and others, but specifically to those
who are in fact working but are not being paid, does in fact raise a
legitimate question of the integrity of the House, and ask the Chair to
rule favorably on the resolution.''.
Mr. DINGELL was recognized and said:
``The resolution says questions of privilege shall be first those
affecting the rights of the House collectively, its safety, dignity, and
the integrity of its proceedings.
``That quotes from the rules.
``Mr. Speaker, as you stand there, I would call to your attention that
one of the most important functions of this institution is to manage, to
expend, under the power of the purse. We have the duty to collect taxes,
we have the duty to expend moneys by authorization and by
appropriations. None of that has until this time been properly carried
out.
``Certainly the questions of the integrity of this body and the
integrity of the proceedings, the dignity of this body, are severely
impaired by our failure to provide for the proper running of the
Government of the United States. That is a failure of this institution.
That is a failure because we have not been able to address the questions
of the budget in a proper fashion.
``I would call to the attention of the Chair our failure to carry out
our duty, our failure to carry out our responsibilities of appropriating
funds, of authorizing expenditures, or of implementing the budget as
required by the Budget Act, clearly affect the privileges, the
prerogatives, the dignity, and the integrity of this institution.
Certainly the respect in which the public holds this body has fallen to
something approaching one of the lowest points that I have ever seen in
my career.
``Clearly, without taking the action here of bringing this matter to a
vote and, clearly, without having taken the steps necessary to permit
this body to commence addressing the single largest problem that
confronts this country today, and that is the orderly running of its
Government, the funding of its public affairs, and retaining the respect
of its people, we are not carrying out our duties.
``It is very plain to me, Mr. Speaker, that the question of the
privileges of the House is entwined with this so intimately that the
questions of the privileges of the House and the functioning of this
body cannot be separated one from another.
``I urge a proper ruling on this matter.''.
Mrs. KENNELLY was recognized and said:
``Mr. Speaker, I wish to address the point of personal privilege of
the leader on our side. What is happening here is this is the body of
the people. Everyone on this side of the aisle and I would imagine many
on the other side of the aisle have been told by the people they went
home and spoke to, it is time now to get on with the business of the
Government. I join the gentleman's request.''.
Mr. ORTON was recognized and said:
``Mr. Speaker, I wish to be heard on the question of privilege.
``Rule IX is designed to allow us to bring to the floor motions which
in fact do affect the integrity of the body, of Members of the body. At
this very moment, there are Members of this body holding a press
conference regarding whether we as Members of Congress should continue
to receive our pay.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman will confine his remarks to the matter before the
House which is, does the resolution before the House and the wording of
that resolution constitute a question of privilege.''.
Mr. ORTON, further addressed the question of privilege, and said:
``Respectively, Mr. Speaker, I believe that I am addressing that,
because I have just in the last few minutes had my integrity questioned
as and individual Member of this body by members of the press with
regard to whether I would continue to accept pay while other workers are
not.''.
The SPEAKER pro tempore, Mr WALKER, during the gentleman's remarks,
said:
``The Chair would remind the gentleman, he has an obligation to
discuss the resolution which is before the House and not a question of
privilege that might exist in another forum. This is not now a forum for
a question of personal privilege.''.
Mr. ORTON, further addressed the question of privilege, and said:
``Mr. Speaker, rule IX has to do with the integrity of the body
collectively and individually. And the integrity of this body is in
fact--''
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair would remind the gentleman that he has an obligation not
to discuss all of rule IX but to discuss the matter before the House,
whether or not it constitutes a question of privilege of the House under
rule IX.''.
Mr. ORTON, further addressed the question of privilege, and said:
``Mr. Speaker, that is exactly what I am attempting to do. If my
integrity individually has been questioned with regard to funding of the
Government, then that is a matter of privilege individually and
collectively.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair would remind the gentleman that he might in fact draft a
question of personal privilege that he could bring to the House, but the
matter before the House at the present time is the specific wording
offered by the gentleman [Mr.Gephardt].''.
Mr. MILLER of California was recognized and said:
``Mr. Speaker, to address the issue of privilege, I do believe that
under rule IX this does rise to the occasion of privilege, the
resolution offered by the minority leader. It does so because clearly
the collective integrity of this House and the dignity of this House is
being called into question, is being called into question in every
commentary throughout the country about the closedown of the Government.
``The dignity and the integrity of this House is being called into
question by our individual constituents, by the interviews on every
nightly news program in every one of our districts. That goes to the
collective integrity and to the collective dignity.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The gentleman should confine his remarks to those matters that are
before the House and the question of privilege that was offered by the
gentleman [Mr. Gephardt].''.
Mr. MILLER of California, further addressed the question of privilege,
and said:
``Mr. Speaker, the reason this goes to that privilege is because in
fact when the will of the people is thwarted, the integrity of the
House, the dignity of the House is called into question. The only way
that can currently be remedied is through this motion that rises to
privilege. That dignity and that integrity is called into question when
the popular will is thwarted, and we see it
[[Page 2790]]
very often, when Members know that the votes exist to do something and
yet the matter cannot be brought to the floor.
``That is why a motion of privilege is laid before the Chair because
there is no other way. That goes exactly to the heart of the privilege.
The privilege in this case that the minority leader is asserting is the
privilege to bring a matter to the floor by which now there is no other
way to get that matter to the floor. That is because the power of the
Chair and the rules--
``I am giving the Chair a reason to rule for privilege, because the
power of the Chair is the power of recognition, and the Chair is not
willing to recognize any Member for this purpose. Therefore, the
minority leader must bring a matter before the House under the rules of
privilege. We know that there are 198 votes to open up the Government on
this side. So if we can find 20 votes on that side, the people's will
can be carried out.''.
The SPEAKER pro tempore, Mr. WALKER, during the gentleman's remarks,
said:
``The Chair is attempting to maintain order and would remind the
majority side that it is the duty of the Chair to maintain order and
would ask the cooperation of the Members in so doing. He would also ask
the cooperation of the minority in discussing this matter to constrain
their remarks to those matters that are before the House.
``The gentleman [Mr. Miller of California] has wandered away from that
particular admonition, and the Chair would ask him to please constrain
his remarks that address the question of privilege.''.
Mr. MILLER of California, further addressed the question of privilege,
and said:
``Mr. Speaker, I would simply say, in closing, that the reason the
integrity is called into question and the dignity of the House is called
into question and the reason this motion should be granted privilege is
that the popular will of the people and the belief of the people is that
this body is not carrying out that will, and yet they believe the votes
exist. The only way we can find that out is for the Chair to rule this
is a matter of privilege and let the votes commence and we can open up
the Government this afternoon.''.
The SPEAKER pro tempore, Mr. WALKER, ruled that the resolution
submitted did not present a question of the privileges of the House
under rule IX, and said:
``The Chair is constrained, first, to determine whether the resolution
qualifies under rule IX.
``Questions of the privileges of the House must meet the standards of
rule IX even when they invoke provisions of the Constitution. Those
standards address privileges of the House, as a House, not those of the
Congress, as a legislative branch. The question whether a Member may
broach the privileges of the House simply by invoking one of the
legislative powers enumerated in section 8 of article I of the
Constitution--or the general legislative `power of the purse' in the
seventh original clause of section 9 of that article--has consistently
been answered in the negative. The ordinary rights and functions of the
House under the Constitution are exercised in accordance with the rules
of the House, without necessarily being accorded precedence as questions
of the privileges of the House.
``The Chair will follow the ruling of Speaker Gillett on May 6, 1921,
as recorded in volume 6 of Cannon's Precedent, section 48:
It seems to the Chair that where the Constitution ordered
the House to do a thing, the Constitution still gives the
House the right to make its own rules and do it at such time
and in such manner as it may choose. And it is a strained
construction, it seems to the Chair, to say that because the
Constitution gives a mandate that a thing shall be done, it
therefore follows that any Member can insist that it shall be
brought up at some particular time and in the particular way
which he chooses. If there is a constitutional mandate, the
House ought by its rules to provide for the proper
enforcement of that mandate, but it is still a question for
the House how and when and under what procedure it shall be
done...
``Applying that precedent of May 6, 1921, which is recorded in
Cannon's Precedents at volume 6, section 48, and the similar precedents
of February 7 and December 22, 1995, the Chair holds that the resolution
offered by the gentleman [Mr. Gephardt] does not affect the rights of
the House collectively, its safety, dignity, [or] the integrity of its
proceedings within the meaning of clause 1 of rule IX. Although it may
address an aspect of legislative power under the Constitution, in does
not involve a constitutional privilege of the House. Rather, the
resolution constitutes an attempt to impose a special order of business
on the House by providing that the Senate amendment to H.R. 1643 be
deemed adopted.
``The resolution does not constitute a question of privilege.''.
Mr. MORAN, appealed the ruling of the Chair.
Will the decision of the Chair stand as the judgment of the House?
Mr. ARMEY moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
Mr. ARMEY demanded that the vote be taken by the yeas and nays, which
demand was supported by one-fifth of the Members present, so the yeas
and nays were ordered.
The vote was taken by electronic device.
Yeas
206
It was decided in the
Nays
167
<3-line {>
affirmative
Answered present
1
para.1.12
[Roll No.2]
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
____________________
question of privileges
(para.6.7)
A resolution alleging that the inability of the House to enact
unencumbered legislation to adjust the statutory limit on the public
debt and to continue appropriations for the operation of the Government
constitutes an impairment of the dignity of the House, the integrity of
its proceedings, and its place in public esteem, and resolving that the
House be considered to have passed two such measures, does not give rise
to a question of the privileges of the House under rule IX.
A question of the privileges of the House may not be invoked to
prescribe a special order of business for the House, since otherwise any
Member would be able to allege impact on the dignity of the House based
upon any legislative action or inaction.
On January 24, 1996, Mr. DOGGETT, pursuant to clause 2(a)(1) of rule
IX, called up the following resolution as a question of privileges of
the House:
Whereas the inability of the House to pass an adjustment in
the public debt limit unburdened by the unrelated political
agenda of either party, an adjustment to maintain the
creditworthiness of the United States and to avoid disruption
of interest rates and the financial markets, brings discredit
upon the House;
Whereas the inability of the House to pass a clean
resolution to continue normal governmental operations so as
to end the abuse of American citizens and their hard-earned
dollars, Federal employees, private businesses who perform
work for the Federal government, and those who rely upon
Federal services as a bargaining tactic to gain political
advantage in the budget negotiations, brings discredit upon
the House;
Whereas previous inaction of the House has already cost the
American taxpayer about $1.5 billion in wasteful government
shutdown costs, reduced the productivity and responsiveness
of Federal agencies and caused untold human suffering;
Whereas the failure of the House of Representatives to
adjust the Federal debt limit and keep the Nation from
default or to act on legislation to avert another Government
shutdown impairs the dignity of the House, the integrity of
its proceedings and the esteem the public holds for the
House: Now, therefore, be it
Resolved, That upon the adoption of this resolution the
enrolling clerk of the House of Representatives shall prepare
an engrossment of the bill, H.R. 2862, and the joint
resolution, H.J. Res. 157. The vote by which this
[[Page 2791]]
resolution is adopted by the House shall be deemed to have
been a vote in favor of such bill and a vote in favor of such
joint resolution upon final passage in the House of
Representatives and been duly certified and examined; the
engrossed copies shall be signed by the Clerk and transmitted
to the Senate for further legislative action; and (upon final
passage by both Houses) the bill and the joint resolution
shall be signed by the presiding officers of both Houses and
presented to the President for his signature (and otherwise
treated for all purposes) in the manner provided for bills
and joint resolutions generally.
Mr. DOGGETT was recognized and said:
``Mr. Speaker, this motion raises most directly a question of
privileges of the House. True, the particulars of this motion concern
the creditworthiness of the United States, something in which every
American has a stake, particularly those with a variable mortgage, a car
loan, a credit card balance, or whoever want to take out a loan.
``But, Mr. Speaker, what could more directly jeopardize the integrity
of our proceedings here in the House of Representatives than misconduct,
than tampering with the fiscal integrity of the United States?
``Those who say we can live with financial anarchy would imperil both
the dignity of this House and the hopes of millions of Americans for
economic dignity. Indicative of this threat to the integrity of the
House is the warning against a politically motivated default by six
former Treasury secretaries, both Republicans and Democrats, who have
expressed in their words their profound concern about the threat of
default.
``The very idea that Uncle Sam would tell anyone who holds a Treasury
bill or a Treasury bond, sorry, we do not want to pay, is not
revolutionary, it is simply lunacy. The full faith and credit of the
United States is not anything to be trifled with. If there are Members
of this body who are willing to mess up the credit rating of the United
States, let them mess up their own credit rating, not that of the
American people who they are sworn to serve.
``When the Secretary of Treasury, Mr. Rubin, assures us that default
is upon us, when he is compelled to undertake extraordinary measures to
defer temporarily that default and only faces in return the threat of
impeachment in this House, the dignity of this House is jeopardized.
When we hear a declaration that `I do not care if we have no executive
offices and no bonds for 60 days, not at this time,' the financial
integrity of our country and the integrity and esteem with which the
public holds this House is severely jeopardized. I refer, of course, to
the words of the Speaker of the House, Newt Gingrich.
This motion and an ability to take up a clean resolution to adjust the
debt limit before we run into financial ruin later this month would do
something to undo the damage that has already occurred.''.
Mr. BENTSEN was recognized and said:
``Mr. Speaker, I join my colleague [Mr. Doggett] in introducing this
privileged resolution and in urging its approval so that the U.S.
Government can keep paying its bills and not default for the first time
in its history.
``Rule IX of the rules of the House, which governs questions of
privilege, states:
Questions of privilege shall be, first, those affecting the
rules of the House collectively, its safety, dignity, and the
integrity of its proceedings; and second, those affecting the
rights, reputation, and conduct of members, individually, in
their representative capacity only.
``We offer this privileged resolution because we can think of no issue
that reflects more on the dignity and integrity of this House and on the
reputation of every single Member than the creditworthiness of the
United States.
``There is no question in my mind that the dignity and the integrity
of this House and the reputation of every one of us would be irreparably
harmed if we allowed our Government to default. And it would be
especially irresponsible for this House to recess and leave town with
this threat of default hanging over our Government.
``The creditworthiness of the United States should not be a pawn in a
political game or a point of leverage to force huge cuts in Medicare,
Medicaid, and education to pay for a tax cut we can't afford. We must
pass a clean bill to increase the debt ceiling and allow the United
States to honor its obligations, and we can do that by voting for this
resolution today.
``Only the Congress can lift the debt limit and avoid default, and a
failure to act in a timely manner does threaten the integrity of this
body and the reputation of every one of us. If anyone doubts that,
simply consider the consequences of default.
``Government will come to a halt yet again. Interest rates will rise.
Credit will become more expensive. Our economy could very well slip into
a recession. And our Nation's unmatched reputation in world financial
markets would be tarnished forever.
``I hope there is not one in this body who doubts that if we allow
these calamities to happen that the integrity of this body will not be
damaged.
``I also hope there is no doubt that the reputation of every one of us
will be harmed as well. Our reputation will be harmed with every single
consumer we represent who has to pay more in higher interest rates for
home loans, car loans, student loans and credit card purchases. Our
reputation will be harmed with every State and local government official
we represent because they will not be able to obtain financing for the
services they provide. And our reputation will be harmed with every
single taxpayer who will have to pay more for Government services.
``I would submit to the Chair that, under a careful reading of rule
IX, No. 1, `questions of privilege,' this resolution is a question of
privilege because it addresses a serious matter affecting the dignity
and integrity of this House and the reputation of every Member. In
addition, I would argue that the Chair should favorably review this
question of privilege because, at this time, there is no other plan for
this House to consider clean debt limit legislation before February 29,
1996, when treasury Secretary Robert Rubin has told Congress that the
Federal Government will go into default. Yet, Congress may recess
without consideration of the vital legislation.
``So I would ask you, Mr. Speaker, to carefully read section IX of the
House rules. It states clearly that--
Questions of Privilege shall be, first, those affecting the
rights of the House collectively, its safety, its dignity,
and the integrity of its proceedings, and second, those
affecting the rights, reputation, and conduct of Member.
This resolution seeks to protect the integrity of the House and the
reputation of its Members by preserving the creditworthiness of the
United States. This is the argument that my colleague from Texas and I
are making. This is truly a question of privilege because the reputation
of the House and its dignity would be forever harmed if we fail to act
and to honor our obligations.''.
Mr. EDWARDS was recognized and said:
``Mr. Speaker, I will be brief in my point. I think this resolution
does deal with the integrity of this House in a very significant way.
Unless I am mistaken, it was not too many years ago when colleagues on
the Republican side of the aisle of this House came to this floor and
argued that we should have privileged resolutions and measures to
consider the so-called House bank scandal, because a number of House
Members had purportedly bounced thousands of dollars of personal checks.
``I would suggest to the Speaker and to our colleagues that if having
Members of this House bounce thousands of dollars in personal checks
goes directly to the integrity of this House, how in the world could we
not conclude that having the U.S. Government for the first time in two
centuries bounce billions of dollars of checks to people to whom we owe
money, and entities all across this world, an action that would
undermine the integrity of our creditworthiness and our reputation as a
nation, how can the personal bounced checks go directly to the integrity
of the House and not have our Nation's bouncing checks go to the
integrity of the House?
``I would argue, therefore, Mr. Speaker, that this resolution clearly
deals directly with the question of protecting the integrity and the
dignity of this House, and would suggest that to rule otherwise might be
inconsistent with the arguments we heard from our Republican colleagues
just a few years ago.''.
The SPEAKER pro tempore, Mr. COMBEST, ruled that the resolution
submitted did not present a question of the privileges of the House
under rule IX, and said:
[[Page 2792]]
``The resolution offered by the gentleman [Mr. Doggett] alleges that
the failure of the House to take specified legislative actions brings it
discredit, impairs its dignity and the integrity of its proceeding, and
lowers it in public esteem. On that premise it resolves that the House
be considered to have passed two legislative measures.
``Under rule IX, questions of the privileges of the House are those
`affecting the rights of the House collectively, its safety, its
dignity, [or] the integrity of its proceedings.' But a question of the
privileges of the House may not be invoked to effect a change in the
rules of the House or to prescribe a special order of business for the
House. This principle has been upheld on several occasions cited in
section 664 of the `House Rules and Manual,' including March 11, 1987;
August 3, 1988; and, in particular, June 27, 1974--where a resolution
directing the Committee on Rules to consider reporting a special order
was held not to present a question of privilege.
``The resolution offered by the gentleman [Mr. Doggett], like those
offered on February 7 and December 22, 1995, and on January 3,1996, is
also aptly addressed by the precedent of May 6, 1921. On that occasion
Speaker Gillett held that a resolution presenting a legislative
proposition as a question of constitutional privilege under the 14th
amendment did not qualify as a question of the privileges of the House.
The Chair will quote briefly form the 1921 ruling:
[W]here the Constitution orders the House to do a thing,
the Constitution still gives the house the right to make its
own rules and do it at such time and in such manner as it may
choose. And it is a strained construction * * * to say that
because the Constitution gives a mandate that a thing shall
be done, it therefore follows that any Member can insist that
it shall be brought up at some particular time and in the
particular way which he chooses. If there is a constitutional
mandate, the House ought by its rules to provide for the
proper enforcement of that, but it is still a question for
the House how and when and under what procedure it shall be
done * * *.
``Speaker Gillett's ruling is fully recorded in Cannon's Precedents,
at volume 6, section 48.
``Applying the precedent of 1921 and the others just cited, the Chair
holds that the resolution offered by the gentleman [Mr. Doggett] does
not affect `the rights of the House collectively, its safety, dignity,
[or] the integrity of its proceedings' within the meaning of clause 1 of
rule IX. Rather, it proposes to effect a special order of business for
the House--deeming it to have passed two legislative measures--as an
antidote for the alleged discredit of previous inaction thereon. The
resolution does not constitute a question of privilege under rule IX.
``To rule that a question of the privileges of the House under rule IX
may be raised by allegations of perceived discredit brought upon the
House by legislative action or inaction, would permit any Member to
allege an impact on the dignity of the House based upon virtually any
legislative action or inaction.''.
____________________
privileges of the house
(para.10.11)
A resolution alleging that, in light of internationally objectionable
French program of nuclear test detonations in the Pacific, for the House
to receive the President of France in a Joint Meeting with the Senate
would be injurious to its dignity and to the integrity of its
proceedings, and resolving that the Speaker withdraw the pending
invitation and refrain from similar invitations, does not give rise to a
question of the privileges of the House under rule IX.
A question of the privileges of the House may not be invoked to propose
a collateral change in a previous order of the House or to prescribe a
new order for future cases.
The House laid on the table an appeal from the ruling of the Speaker pro
tempore.
On January 31, 1996, Mrs. MINK rose to a question of the privileges of
the House and submitted the following resolution (H. Res. 350):
Whereas virtually every nation in the world has adhered to
a moratorium on nuclear tests since September 1992;
Whereas, on June 13, 1995, President Jacques Chirac of
France ended his nation's adherence to the moratorium by
ordering a series of nuclear tests in the South Pacific;
Whereas France has since conducted six nuclear tests on the
Pacific atolls of Mururoa and Fangataufa in French Polynesia;
Whereas France has acknowledged that radioactive materials
from some of the tests have leaked into the ocean;
Whereas, as a result of the tests, the people of the
Pacific are extremely concerned about the health and safety
of those who live near the test sites, as well as the adverse
environmental effects of the tests on the region;
Whereas, in conducting the tests, France has callously
ignored world-wide protests and global concern;
Whereas the United States is one of 167 nations that have
objected to the tests;
Whereas the tests are inconsistent with the `Principles and
Objectives for Disarmament', as adopted by the 1995 Review
and Extension Conference of the Parties to the Treaty on Non-
Proliferation of Nuclear Weapons;
Whereas, in proceeding with the tests, France has acted
contrary to the commitment of the international community to
the non-proliferation of nuclear weapons and the moratorium
on nuclear testing;
Whereas the President of France, Jacques Chirac, is
scheduled to appear before a joint meeting of the Congress on
February 1, 1996; and
Whereas, in light of the tests, the appearance of the
President of France before the Congress violates the dignity
and integrity of the proceedings of the House: Now,
therefore, be it
Resolved, That, by reason of the recent nuclear tests
conducted by France in the South Pacific, the Speaker of the
House shall take such action as may be necessary to withdraw
the invitation to the President of France, Jacques Chirac, to
address a joint meeting of the Congress, as scheduled to
occur on February 1, 1996.
Sec. 2. On and after the date on which this resolution is
agreed to, the Speaker of the House may not agree to the
appearance before a joint meeting of the Congress by any head
of state of government whose nation conducts nuclear tests.
Mrs. MINK was recognized and said:
``Mr. Speaker, I offer this question of the privileges of the House
because I believe that the invitation to President Jacques Chirac to
address the joint session of the Congress on February 1, 1966 violates
the integrity of the House.
``Despite world wide objection to the resumption of nuclear tests,
President Chirac proceeded with callous disregard to the concerns and
consequences of his actions.
``The House of Representatives Chambers must be reserved to those
individuals whose actions and political courage bring dignity to this
institution. Invitations to address joint sessions are reserved to those
persons who have demonstrated their leadership and character as
deserving of honor and reverence.
``I believe that many Members of Congress are as offended as I am by
the idea of President Chirac coming to this Chamber to address this
Nation. After refusing to listen to the pleas of hundreds of nations,
and in particular the people of the Pacific rim, why should the Congress
afford him a podium from which to advance his unwelcome views?
``This offense is not just against the people of French Polynesia. It
is an offense against all the people of the world who believed that
there would be an end to the nuclear arms race. For France to resume
nuclear tests after previously announcing an end to these tests, is a
moral travesty that shakes the very foundation of world governments.
``For France to argue that they needed to do these tests to ensure the
reliability of their nuclear arsenal is to state that the French
Government has repudiated the basis of the Test Ban Treaty which is that
nuclear war is impossible and that no government should be planning for
such an inevitability.
``If those nations who possess the nuclear bomb are allowed with
opprobrium to re-test their arsenal, then the appeal to others not to
seek nuclear capability is an empty gesture at best. At a critical time
when we want to curb the nuclear adventures in China and other
countries, how do we justify playing host to a Western Power who has
already conducted 192 tests, most of them in the Pacific, 140 of them
underground and yet insisted that it needed 8 more tests to prove its
reliability, and to perfect its computer based simulation technology.
``Sadly President Chirac's decision opens the way for other nations to
squander our precious environment for their own purposes. Why is
France's national security of greater importance than other nations?
[[Page 2793]]
``The sixth and last nuclear blast that was set off by the French
Government on January 27, 1996, in Fangataufa Atoll in French Polynesia
had the equivalency to 120,000 tons of TNT, more than six times the
Hiroshima bomb.
``This defiance of international policy, and deliberate renunciation
of their own government's prior announcement of a test ban moratorium
must not be received by this Chamber with regular order.
``On the contrary, I believe, as I have stated in this resolution that
the invitation should be withdrawn on the basis that his presence in
this Chamber would constitute approval of his conduct in this regard.
``Other than this resolution we had no opportunity to express our
disapproval of this invitation. I urge this House to approve this
resolution and serve notice to the world of our solemn adherence to a
nuclear free world.''.
Mr. LEWIS of Georgia was recognized and said:
``Mr. Speaker, I want to join with my colleagues to strongly protest
France's actions in the South Pacific. I am pleasedthat France has
stopped testing its nuclear weapons. But I must say--it is too late. The
damage has been done.
``France ignored the pleas of the governments and people of the South
Pacific and throughout the world. We live on this planet together. We
share its bounty. These are our oceans, our land, our people. We must
respect each other.
``President Chirac did not listen to the groans and moans, the hopes,
the dreams and the aspirations of those who are longing for a planet
free of nuclear waste, free of nuclear destruction, free of nuclear
poison. This man--this President of France and his government--refused
to listen to the community of nations.
``And now, he wants to come to our house. To the people's house.
President Chirac, our people do not support nuclear testing. Our people
do not support radiation in the waters. Our people do not support a
government that ignores the community of nations.
``Six times, France has poisoned our earth. Six times, nuclear poison
has seeped into the waters of this little planet. This poison remains
with each and every one of us.
``If France truly wants to atone for its wrongs, they must apologize
to the people of the South Pacific. They must join with them to right
the wrongs, to help heal the environment, to help heal the hurt.
``As France's actions demonstrate, nuclear testing should be banned
from this planet forever. We must never again engage in this desolate
deed. It is time to evolve to another level, to a better world where we
lay down the tools of poison and destruction and respect the community
of nations.
``Nuclear testing is obsolete. Nuclear testing is evil. To paraphrase
the words of Mahatma Gandhi, `Noncooperation with evil is as much a
moral obligation as cooperation with good.'
``So I cannot be silent. I cannot close my eyes to France's deeds.
``I know France is our ally, but even with our good friends, we must
have the courage to say that a wrong is wrong. We must have the courage
to do what is right. I don't know about any other Member, but for me and
my house, I will not be seated here tomorrow when Mr. Chirac comes to
this House.''.
Ms. JACKSON-LEE was recognized and said:
``Mr. Speaker, I rise to speak on the privileged resolution of the
gentlewoman [Mrs. Mink].
``Mr. Speaker, I think that rule IX in particular speaks to the
integrity and collective impact on this body.
``Mr. Speaker, I respect the people of France as I do all of our world
citizens, and I also know that there is some good to nuclear testing.
``I think, Mr. Speaker, that we recognize that over the past decade,
the international community has agreed that nuclear-weapon testing is a
practice that must be ceased for the good of both humanity and Mother
Earth. As evidence, the nations of the world are currently in Geneva
negotiating the Comprehensive Test Ban Treaty. Additionally as early as
1985, the countries of the South Pacific Forum negotiated and signed the
Rarotonga Treaty establishing the South Pacific Free Zone.
``Mr. Speaker, this body has invited many individuals to be at the
helm and provide insight and information to this august body, this
Nation, and, of course, the American people. It is a responsibility of
this body to ensue that factual information is exuded from this body.
And I believe that in allowing this leader to come, it goes against the
factual basis of this country's standing on nuclear testing.
``In spite of this international effort to end nuclear testing on our
planet, the French Government, of which this leader will represent,
chose to ignore the interests and the pleas of many Pacific nations and
conduct its six full-scale detonations of its TN75.
``Mr. Speaker, in light of this singularly egotistical decision, I
believe that it is inappropriate for this body to invite President
Chirac to speak before it. It is a question of presenting of the facts
to the American people. His presence here only serves to defend, however
subtly, these deplorable tests. I believe that although this Government
did not vigorously speak out against these tests, we can now help to
correct that error by giving symbolic support to our Pacific allies. Why
should we be party to repairing the credibility of President Chirac when
he has marginalized both the Pacific neighbors to these tests and the
international community?
``Mr. Speaker, I think it is important that we in this body have the
responsibility to uphold the laws of this land, the policies of this
land, and the policies of this land have been to date that we have not
supported nuclear proliferation or the testing of nuclear weapons.
``For this body's integrity to stand as under rule IX and privileged
resolutions, I would say to you that we have the responsibility to
disinvite this President, for this impacts the collective integrity of
this body.
``It should be noted also, Mr. Speaker, that although President Chirac
has decided to stop the nuclear tests, it was hardly due to respect fro
any nation other than his own. Before the tests even began, he stated
France, and France only, would, indeed, conduct six to eight tests, and
the gentleman has been good to his word.
``Mr. Speaker, this is an honorable institution and under rule IX I
think it is our responsibility again to preserve its integrity. I would
ask that the privileged resolution be considered and, of course,
accepted by this body, and that we uninvite President Chirac in order to
maintain the collective responsibility of the United States House of
Representatives.
``Mr. Speaker, I respect the people of France as I do all of our world
citizens. I also know there is some good in nuclear technology. Mr.
Speaker, over the past decade, the international community has agreed
that nuclear-weapon testing is a practice that must be ceased, for the
good of both humanity and Mother Earth. As evidence, the nations of the
world are currently in Geneva negotiating the Comprehensive Test Ban
Treaty. Additionally, as early as 1985, the countries of the South
Pacific Forum negotiated and signed the Rarotonga Treaty, establishing
the South Pacific Free Zone.
``Yet, in spite of this international effort to end nuclear testing on
our planet, the French government chose to ignore the interests and
pleas of many Pacific nations and conducted six full-scale detonations
of its TN75 warheads.
``Mr. Speaker, in light of this singularly, egotistical decision, I
believe that it is inappropriate for this body to invite President
Chirac to speak before it. His presence here only serves to defend
however subtly, these deplorable tests. I believe that although this
Government did not vigorously speak out against these tests, we can now
help to correct that error by giving symbolic support to our Pacific
allies. Why should we be party to repairing the credibility of President
Chirac when he has marginalized both the Pacific neighbors to his tests,
and the international community. It should be noted that although
President Chirac has decided to stop the nuclear tests, it was hardly
due to his respect for any nation other than his own. Before the tests
even began, he stated that France would indeed conduct six to eight
tests, and the gentleman has been good to his word.
``Mr. Speaker, this is an honorable institution, let us preserve its
integrity.''.
Mr. FALEOMAVAEGA was recognized and said:
[[Page 2794]]
``Mr. Speaker, as I have spoken earlier concerning the issue now
before this body, the question of privilege, in terms of the tradition
of the House and whether or not the President of France should be
honored or be given the privilege of addressing a joint session of
Congress tomorrow, as I speak, Mr. Speaker, as it is true with almost
every young American learning about civics, the history of our Nation
itself, how it was conceived, the fact that this Nation itself has a
tradition of being a former colony of the British Empire, the fact that
there are some very fundamental traditions that I think I can say
without equivocation about what America stands for, the principles of
democracy and human rights and all due respect for other human beings to
live in their respective areas or regions, as I speak before my
colleagues in this body, I notice there are only two murals or two
picture frames that are part of the decor of our Chamber, and that of
the great President, our first President of the United States, George
Washington, and I see on the other corner of this Chamber a great
leader, a great French patriot by the name of Marquis de Lafayette, a
great patriot who supported wholeheartedly the cause of the American
colony for its interests in wanting very much to be free from the
shackles of British colonialism, and the fact that representation
without taxation, as a principle, simply was not in order, and the fact
that our country was conceived in blood, and we fought for those
freedoms against British colonialism.
``So I think in the spirit of tradition and what we talk about the
great Lafayette that came and helped us tells us something about what it
means to be a free human being, what it means to go against colonialism,
what it means to believe in the principles of democracy, human rights,
and the right of human beings to live. I think this is the core of the
issue that is now before us, and the privileged resolution expressing
this sense, strong sense, among the Members of this Chamber that the
Speaker ought not extend an invitation to the President of France to
address us at a joint session tomorrow.
``I support wholeheartedly the provisions of this resolution, and I
ask my colleagues in this Chamber to help us by making this point. The
point is that this man really did not have to permit six nuclear
explosions, to do this nuclear testing, despite the fact of
protestations of some 167 nations, 28 million people who live in the
Pacific region, 200,000 of their own citizens in French Polynesia who
also opposed the testing, and ironically of all, Mr. Speaker, 60 percent
of the French people themselves did not want President Chirac to conduct
this nuclear testing. It is an abomination. It is an outrage.
``Mr. Speaker, I ask my colleagues, do not support the Speaker's
invitation by allowing this man to address the Chamber tomorrow.''.
Mr. UNDERWOOD was recognized and said:
``Mr. Speaker, as an American citizen and as a Pacific Islander, I
must rise today in strong support of the privileged resolution offered
by the gentlewoman [Mrs. Mink].
``This resolution speaks to the issue of this body's integrity because
of President Chirac's behavior, and in order to argue that President
Chirac should, in fact, should be disinvited, we must analyze President
Chirac's duplicitious and cynical behavior in the conduct of nuclear
testing in the South Pacific.
``A speech before a joint session of Congress is President Chirac's
way of trying to win back the good graces of this body and of world
opinion and to recover some very lost credibility. After he has ignored
world opinion for over 4 months by proceeding with these series of
tests, he does not deserve the honor of speaking before this body. Just
days prior to their final nuclear test, thousands of miles from the
French capital, France acknowledged radioactive waste was leaked, and in
fact, frequently vented into the lagoon adjacent to the test site. Of
course, this did not stop France from finishing their last test.
``And now the French President wants this Congress as his audience.
With the precedent of inviting someone responsible for a potentially
major environmental disaster in the Pacific, you have to wonder who the
congressional leadership will invite next. Can we expect to hear a joint
session speech by the captain of the Exxon Valdez, the manager of Three
Mile Island, or maybe we will have the opportunity to attend a joint
session by the director of the Chernobyl nuclear power plant.
``I ask this body, I implore this body to support the privileged
resolution offered by the gentlewoman [Mrs. Mink].''.
Mrs. CLAYTON was recognized and said:
``Mr. Speaker, I will be brief, and maybe you can hear both of us. I
will abbreviate my remarks.
``I just want to join in strong support of the privileged resolution
that is offered by the gentlewoman [Mrs. Mink] and also to say that the
dignity and integrity of who we invite, who speaks from that well says
volumes about what is important to us as Americans.
``Americans have gone on record of not advocating the proliferation of
nuclear testing, and yet the President of France has negated that
altogether, although France itself has signed that treaty.
``So I implore all of my Members and colleagues that this will say
volumes about our integrity when we sign a treaty that we would honor
that and certainly we should not give the well to someone who violated
the treaty.''.
Mrs. COLLINS of Illinois was recognized and said:
``Mr. Speaker, my concern, as was pointed out a few minutes ago,
Lafayette over there was one who believed in justice and the fact that
we would have a free country here or should have. I thought it was very
interesting that it was the French, indeed, who sent us the Statue of
Liberty, you know, the great symbol of freedom for our country.
``Yet here is the President of that great country who has decided to
do some nuclear testing. You know, we believe in fairness, but we
believe in not having nuclear proliferation in our country, and to have
that very President of that country to come before us in a joint session
sends a message that we endorse what he did. We do not endorse what he
did.
``I think, therefore, that we should certainly follow and support the
privileged resolution offered by the gentlewoman [Mrs. Mink]. I think it
makes a great deal of sense to do so.
``It seems to me we ought to disinvite the President; in fact, we urge
the Speaker to disinvite, if he can, the President of France, because it
is something that we do not want to be associated with.''.
Mrs. MEEK was recognized and said:
``Mr. Speaker, first of all, anyone who is within earshot of my words,
we should strongly and vehemently oppose any visit by the French
President Chirac.
``We stand firmly to support the gentlewoman [Mrs. Mink] and her
resolution which does not stand for anything extraordinary. It stands up
for a clean environment. It stands for the health and safety of the
residents of this country. It stands for honor among all the world's
peoples, and to think that we are recognizing him as someone to come
here and address a joint meeting of Congress is, to me, really
abominable and that we would allow that to happen. He should not be
invited. We should put the strength of our voices against this by not
even appearing here tomorrow and to show strength behind the resolution
offered by the gentlewoman [Mrs. Mink].
``Do not be discouraged. The way to take care of this is to boycott
his visit. He will address this body. He has not thought about the human
rights of this country. We have come a long way in that. He has not
thought about our environmental concerns, how far we have come. We will
not turn back. He has not thought about health and safety.
``So he has been able to say this to the Pacific islanders, well, we
will go ahead and run these tests on your shores. Think about it, it may
be your shores next.''.
Mr. PAYNE of New Jersey was recognized and said:
``Mr. Speaker, as a member of the International Relations Committee, I
question the invitation to French President Jacques Chirac's address to
the joint session of Congress on tomorrow.
``I am strongly opposed to any nuclear tests in the South Pacific. The
French have already conducted a total of 6 nuclear tests.
``They have directly violated international law. The United States has
[[Page 2795]]
ratified Conventions and Comprehensive Test Ban Treaties. Chirac's tests
are contradictory to the codes outlined in the `Principles and
Objectives for Disarmament.'
``This was adopted by the 1995 Review and Extension Conference of the
Parties to the Treaty on Non-Proliferation of Nuclear Weapons.
``We are living in a post-cold-war era. The United States and its
allies have made a commitment to nuclear non-proliferation. France has
breached the contract by not adhering to the moratorium.
``On June 13, 1995, President Jacques Chirac ordered a series of
nuclear tests in the South Pacific. This has outraged members of the
international community.
``Chirac is endangering the land on and above the French Polynesia's
coral atolls. They have conducted approximately 187 nuclear detonations
since 1966.
``Radioactive materials from their tests have caused environmental
damage.
``The coral reefs in the sea and the bordering islands have been
affected by the nuclear explosions.
``Nuclear proliferation will not be tolerated in this post-cold war
era. Despite many critical attempts to halt nuclear testing in the
Pacific Basin by 166 nations, French nuclear testing remains.
``The threat of nuclear exposure is a concern not only to the people
of Pacific but to all of us in the international community.
``We must curb the nuclear arms race with China, Iran, North Korea,
and now even France.
``Mr. Speaker, if we allow Chirac to come and speak to the Members of
Congress, we will be saying OK to the nuclear arms race. We should not
support this measure.''.
Mr. ABERCROMBIE was recognized and said:
``Mr. Speaker, because I believe that the issue under consideration as
embodied in the privileged resolution most certainly is in order to be
discussed, should we pass this privileged resolution, and the decision
as to whether or not we should pass the privileged resolution and
whether or not we should pass the privileged resolution and whether it
is properly before us is yours to make.
``I would like to argue, Mr. Speaker, as follows: That in the House
rules and manual which the Parliamentarian has been kind enough to
provide to me, there are numerous citations in here with respect to
precedents as to the question of personal privilege, questions of
privilege, in the absence of a quorum, et cetera.
``But fundamentally and elementally what is before the Chair is as
follows: The question of privilege shall be first those affecting the
rights of the House collectively, its safety, dignity, integrity of its
proceedings.
``I do not think that is necessarily at issue here. Probably a rather
abstract argument or intellectual argument could be made it is.
``But I rest my case to the Chair on the second part, those affecting
the rights, reputation, and conduct of Members individually in their
representative capacity only.
``Mr. Speaker, we have in the Pacific, aside from the representation
with the capacity to vote on this floor existing in Hawaii, Members from
Guam and American Samoa. In addition, we have certain jurisdiction over
island groupings in the Pacific under the Department of the Interior.
``Mr. Speaker, I maintain to the Chair and to the Members that the
rights and reputation and conduct of Members individually in their
representative capacity is seriously impaired if they cannot succeed in
being able to make an argument to the floor Members assembled as to
whether or not Mr. Chirac should be able to appear.
``I do believe it is well within the boundaries, because those Members
cannot vote on this floor. Their representative capacity is solely on
the basis of being able to persuade us on behalf of the peoples of the
Pacific that there are matters which require our attention. This
privileged resolution is directed exactly at that issue. Questions about
radioactivity, and so forth, would be discussed under that privileged
resolution as to why an affirmative vote is sought.
``So, Mr. Speaker, I most sincerely request your favorable ruling with
respect to the question of privilege, and ask that it be allowed to be
voted on, because this is the only way that the peoples of the Pacific,
through their representatives, particularly from Guam and American
Samoa, who do not have the right to vote on this floor, will be able to
make a representation that they are otherwise obligated and required to
do so by virtue of their presence here on the floor.
``It is clear, it seems to me, given the massive implications of
radioactive leakage in the Pacific with the numerous explosions that
have taken place in these tests, that other than through this
representation through the privileged motion, the desirability or
undesirability of having Mr. Chirac speak will not be able to be
adequately addressed, and it seems to me a very powerful argument can be
made for that, should we be allowed to proceed.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, ruled that the
resolution submitted did not present a question of the privileges of the
House under rule IX, and said:
``The Speaker has been authorized to declare a recess by order of the
House to accommodate the joint meeting with the Senate in order to
receive President Chirac. This standing order was established by
unanimous consent on Friday, January 26, 1996. No objection was heard,
and the Speaker was authorized to declare a recess to receive President
Chirac.
``If there had been objection by any Member to the appearance of
President Chirac before a joint meeting of Congress, a resolution
reported from the Committee on Rules and adopted by the House might have
been required to establish the order for the joint meeting. As is
customary for all joint meetings to receive foreign dignitaries and
heads of state, the letter of invitation to President Chirac was not
transmitted until both Houses had agreed to receive the invitee.
``Procedures exist within the rules of the House to permit the House
to vote on the authorization of joint meetings where objection is made
to that arrangement. The Chair does not believe it proper to
collaterally challenge such standing order of the House under the guise
of a question of privilege.
``As recorded on page 362 of the House Rules and Manual, on February
3, 1993, Speaker Foley ruled that a question of privilege could not be
used to collaterally challenge the validity or fairness of an adopted
rule of the House by delaying its implementation. In addition, as
recorded on page 361 in the House Rules and Manual, a question of the
privileges of the House may not be invoked to effect a change in the
Rules of the House.
``The gentlewoman's resolution would, in effect, constitute a new rule
of the House restricting the issuance of invitations to future joint
meetings, and, therefore, does not constitute a question of the
privileges of the House.
``Also, no question of personal privilege of individual Members under
rule IX is involved at this time.''.
Mrs. MINK appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Ms. PRYCE moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
____________________
privileges of the house
(para.11.12)
A resolution alleging that the failure of the House to take a specified
legislative action brings it discredit and lowers it in public esteem,
and resolving that the House be considered to have passed the specified
legislative measure, does not give rise to a question of privileges of
the House under rule IX.
A question of the privileges of the House may not be invoked to pre
[[Page 2796]]
scribe a special order of business for the House, since otherwise any
Member would be able to allege impact on the dignity of the House based
upon any legislative action or inaction.
The House laid on the table an appeal from the ruling of the Speaker pro
tempore.
On February 1, 1996, Mr. GEPHARDT rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 356):
Whereas the inability of the House to pass an adjustment in
the public debt limit unburdened by the unrelated political
agenda of either party, an adjustment to maintain the
creditworthiness of the United States and to avoid disruption
of interest rates and the financial markets brings discredit
upon the House;
Whereas, the failure of the House of Representatives to
adjust the federal debt limit and keep the nation from
default impairs the dignity of the House, the integrity of
its proceedings and the esteem the public holds for the
House; Now, therefore, be it
Resolved, That upon the adoption of this resolution the
enrolling clerk of the House of Representatives shall prepare
an engrossment of the bill, H.R. 2409. The vote by which this
resolution is adopted by the House shall be deemed to have
been a vote in favor of such bill upon final passage in the
House of Representatives. Upon engrossment of the bill, it
shall be deemed to pass the House of Representatives and been
duly certified and examined; the engrossed copy shall be
signed by the Clerk and transmitted to the Senate for further
legislative action; and (upon final passage by both Houses)
the bill shall be signed by the presiding officers of both
Houses and presented to the President for his signature (and
otherwise treated for all purposes) in the manner provided
for bills and joint resolutions generally.
Mr. GEPHARDT was recognized and said:
``Mr. Speaker, let me explain why this is a question of privilege and
why this Congress must act to extend the debt limit, with no threats or
conditions, to preserve the integrity of this entire Government.
``Rule IX of this House states very clearly that matters of privilege
are those affecting the House collectively, those affecting its dignity
and integrity, and those affecting the reputation of Members in their
representative capacity.
``I ask every Member of this Congress today, how can the dignity and
integrity of this Congress be maintained if we tear down the dignity and
integrity of this country? How can any single Member of the 104th
Congress maintain our reputation and honor if we go down in the history
books as the Congress that broke America's word, the very first Congress
that dared to tarnish America's trust in the world.
``Mr. Speaker, I know there are enough Democrats and Republicans to
extend the debt limit and avoid this crisis right now, if we could only
have that vote on the floor. It is unfair to all of us to have our
rights, our reputations, our good names dashed for what I believe is a
partisan purpose.
``Some of our Republican colleagues are threatening to default on
America's financial obligations, to turn our backs on seniors who need
their Social Security checks, taxpayers who deserve their refunds,
people throughout the world have invested in America.
``There is no question that economic chaos would follow even a day of
default. Interest rates on credit cards, car loans, and mortgages would
skyrocket. The dollar would plummet. World financial markets could go
into a tailspin. The damage would most likely be permanent, because such
reckless delinquency would be without historical precedent in our
country.
``We had a bloody Civil War in the last century, when America was torn
in half, probably our greatest crisis. But all through it and after it,
we kept our credit whole. During two world wars when our economy was
stretched to the limit, we found room to honor our word to the people
who had invested in our debt. Through recessions and a great depression,
we have guarded America's financial faith and integrity because it is as
sacred as the Constitution itself.
``This is not partisan hyperbole. Even the threat of default is
damaging our credibility day by day, more and more with each passing
day.
``We cannot afford to play politics with that credibility. We cannot
afford to delay to stand for our national word and honor.
``What crisis is bigger than two world wars and the Great Depression?
A disagreement over a budget. We Democrats think it is wrong to cut
Medicare for huge tax breaks, especially since we think it is
unnecessary to balance the budget. Republicans legitimately disagree.
This is a valid debate. It is one we should resolve. But defaulting on
our obligations, hurting millions of average Americans, damaging our
most precious possession, our word and our credibility, in no way to
resolve it.
``After all, shutting down the Government twice did not resolve it.
Why would an international economic crisis resolve it?
``Mr. Speaker, parliamentary privilege exists for exactly this kind of
crisis. This is more than an economic issue. It is a profoundly moral
issue.
``If we bargain away America's integrity for the latest political
squabble, if we can bring millions of families to the brink of economic
crisis because we cannot agree on this year's budget, thin in my opinion
we cease to serve the United States of America, and we no longer have
honor to maintain.
``This crisis, Mr. Speaker, is the very essence of privilege in this
parliamentary body, and I urge the Chair, on behalf of our country and
the promise and word of our country, to rule in its favor.''.
Mr. KENNEDY of Massachusetts was recognized and said:
``Mr. Speaker, there can be no greater cause for a parliamentary
privilege than the constitutional crisis that is being perpetrated by
the elements of this House that have chosen a path to default on
America's debt in order to get their particular view rammed through the
House of Representatives and the Senate of the United States. Mr.
Speaker, we have got to deal with this crisis.
``The truth of the matter is that originally we were told that the
reason why the Republicans so much wanted to have the debt issue brought
forward was to insist upon a balanced budget. President Clinton has
agreed to a balanced budget.
``We were then told, though, it was not a balanced budget, it was a
balanced budget within 7 years. President Clinton agreed to a balanced
within 7 years.
``We were then told it was not a balanced budget within 7 years but it
was with the CBO numbers. President Clinton agreed to a balanced budget
in 7 years using CBO numbers.
``Then we were told it was not a balanced budget, 7 years, CBO
numbers, but it had to have a tax cut. President Clinton agreed to a tax
cut.
``It is not a big a tax cut as the one the Republicans want, so the
Republicans are insistent upon challenging the debt of this country,
breaking the back of 200 years of history, breaking the parliamentary
process that has been set up that says if we have disagreements between
bills passed by the House of Representatives and the United States
Senate, that we have in fact a President that can sign that bill or he
can veto that bill. If he vetoes the bill, we have the right to override
that veto. If we do not have the votes to override, we then compromise.
``The truth of the matter is there is no willingness to compromise.
``Mr. Speaker, I am talking about a question of privilege. I am
talking about my dignity and my integrity, the integrity of this body,
the integrity of every Member on the Democratic and Republican side.
``You are willing to break the back, break the debt of America in
order to ram through your narrow political guerrilla tactics. It is time
for a little dignity on the floor of this House, Mr. Speaker, and I want
to be heard.
``Mr. Speaker, I believe very strongly that this is an issue of
parliamentary privilege. I could not agree more strongly with the words
of the gentleman [Mr. Gephardt], that this is an issue, the most
important issue we have faced this year, the most important issue that
we have faced in many years.
``If we allow the debt of this country to be defaulted upon, we will
hurt the future of our country's children, and we will hurt our senior
citizens.
``Please pass a full debt extension. Allow us to pay our bills as
every generation prior to ours has done throughout the history of this
country.''.
Mr. SOLOMON was recognized and said:
``Mr. Speaker, in the interest of time, I will make the argument brief
as to why this resolution does not constitute a question of privilege
under House rule IX, but just as I do that, let me preface those remarks
by calling atten
[[Page 2797]]
tion to the bill that will be on the floor directly after we finish with
these two issues here. It states in the line 6, `Congress intends to
pass an increase in the public debt limit before March 1, 1996,' and let
me say that they will do this over my objections because I am just
appalled that we are once again going to extend this debt limit.
``But having said that, let us talk about this issue. The precedents
are absolutely clear that a resolution raising a question of privilege
may not be used to change those rules. This resolution would change
House rules by automatically passing a specified bill. Nowhere in House
rules is it contemplated or specified that legislation may be called up,
let alone passed, by means of a question of privileged resolution. The
Chair has already so ruled on numerous occasions during the last several
weeks. I therefore would urge that this resolution be ruled out of
order, Mr. Speaker.''.
Mr. KANJORSKI was recognized and said:
``Mr. Speaker, I know that this is an issue that other
parliamentarians have ruled on in the history of this great House, but
as we reflect, my friends on both sides, and to remove this from a
partisan issue, the issue of the Constitution and the issue of the House
of Representatives predates the existence of either parties that
exercise influence in this House today.
``We are in the 208th year of the American Constitution, the 104th
Congress of the United States. We are here by virtue of the fact that
our constituents elected us to come here and present ourselves under
article I of the Constitution of the United States and take an oath of
office under that Constitution. Article I provides for the powers of the
House of Representatives, one of which is to provide for the debt of the
United States. Those of us in this House today, more than a majority, I
dare say, because I have a letter addressed to the Speaker signed by
more than 191 members of the minority side of the House, and I am aware
of the fact that several dozen of my good friends on the majority side
join me in this cause.
``So clearly if a resolution for the raising of the debt limit
presented to the House clean, it could and would receive a majority vote
of the House of Representatives honoring the commitment we made in our
oath of office under article I of the Constitution of the United States.
``For the leadership of the House, for the Rules Committee or for the
rules of the House to frustrate article I and the individual oath and
the collective oath of this entire House and to argue that this does not
fall within the purview of the privilege of the House going to the
integrity and the dignity of individual Members or collectively of this
House is the most fallacious and ridiculous argument I have ever heard
in my years in public life.
``I argue that we put aside today as we are about to leave on a 3-week
vacation and send a message to America that the House of Representatives
is going to pursue and follow its oath of office, the article I of the
American Constitution, and allow for an open vote a resolution allowing
for the provision to pay the debts of the U.S. Government of the United
States.''.
Mr. RANGEL was recognized and said:
``Mr. Speaker, I am going to try desperately hard to be nonpartisan in
my remarks, because I think we have reached that point as a Congress
that the general public is just fed up with all of us and are not taking
the time to determine whether it is the so-called Republican leadership
or whether it is the House of Representatives, the Senators or even
whether it is the Government of the United States.
``All of us had the opportunity to explain what our job is here in the
House, and we are honored to serve in this House, and whether we deal
with adults or whether we deal with children, compromise has never been
a dirty word in explaining the work of the subcommittees, the full
committees, what we do in conference and what we send to the President
of the United States. If we are going to change the rules here, you are
changing the rules not just for individuals and parties, you are
changing the rules for every one of the Members of this House whether
they are participating in this or whether they are not, and you are not
giving them choices. You are not playing by the rules. You are not
playing by the rules we were sworn in to endorse. Those rules are simple
rules.
``You do not like what the President has done. You do not like the
veto; you override the veto, that is what you do, and if you cannot
override the veto, you try to come back and work out something.
``Oh, I know, you are in a hurry. You cannot talk about it. You cannot
talk about compromise. All of a sudden this beautiful word has now
become a stigma, because a handful of people have snatched what they
think is principle, and they are threatening the United States of
America's integrity throughout this world.
``You can do what you want with your party or with your members. But
it is unfair, and it takes away from our prerogative as sworn Members of
this House to threaten the economic life of the United States of America
and the free world by holding a debt extension hostage in order to reach
your political end.
``Politics are played at the polls, and they should not be the
reputation of the United States that is being played on parliamentary
maneuvers.''.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, ruled that the
resolution submitted did not present a question of the privileges of the
House under rule IX, and said:
``The resolution offered by the gentleman [Mr. Gephardt] alleges that
the failure of the House to take a specified legislative actions brings
it discredit and lowers it in public esteem. On that premise it resolves
that the House be considered to have passed a legislative measure.
``Under rule IX, questions of the privileges of the House are those
`affecting the rights of the House collectively, its safety, its
dignity, [or] the integrity of its proceedings.' But a question of the
privileges of the House may not be invoked to effect a change in the
rules of the House or to prescribe a special order of business for the
House. This principle has been upheld on several occasions cited in
section 664 of the House Rules and Manual, including June 27, 1974 where
a resolution directing the Committee on Rules to consider reporting a
special order was held not to present a question of privilege.
``In this Congress, resolutions have been offered that attempt to
advance legislative propositions as questions of privileges of the House
on February 7 and December 22, 1995, on January 3, 1996, and in
particular, on January 24, 1996. The latter resolution similarly deemed
a legislative measure passed to redress previous inaction. When ruling
out that resolution as not constituting a question of privilege, the
Chair posited that permitting a question of the privileges of the House
under rule IX based on allegations of perceived discredit by legislative
action or inaction would permit any Member to advance virtually any
legislative proposal as a question of privileges of the House.
``Applying the precedents just cited, the Chair holds that the
resolution offered by the gentleman [Mr. Gephardt] does not affect `the
rights of the House collectively, its safety, dignity, [or] the
integrity of its proceedings' within the meaning of clause 1 of rule IX.
Rather, it proposes to effect a special order of business for the
House--deeming it to have passed a legislative measure--as an antidote
for the alleged discredit of previous inaction.
``The resolution does not constitute a question of the privilege under
rule IX.''.
Mr. VOLKMER appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. SOLOMON moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Mr. VOLKMER demanded a recorded vote on agreeing to said motion, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
[[Page 2798]]
It was decided in the
Yeas
229
<3-line {>
affirmative
Nays
187
para.11.13
[Roll No. 26]
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
____________________
privileges of the house
(para.11.14)
A resolution alleging that the failure of the House to take a specified
legislative action brings it discredit and lowers it in public esteem,
and resolving that the House stay in session until it considers the
specified legislative measure, does not give rise to a question of
privileges of the House under rule IX.
A question of the privileges of the House under rule IX may not be
invoked to effect a change in the rules of the House or to impose a
particular legislative schedule on the House by precluding an
adjournment of the House until a specified legislative measure is
considered.
The House laid on the table an appeal from the ruling of the Speaker pro
tempore.
On February 1, 1996, Ms. JACKSON-LEE rose to a question of the
privileges of the House and called up the following resolution (H. Res.
354):
Whereas the inability of the House to pass a bill to raise
the public debt limit will cause the Federal Government to
default on its obligations and affect the dignity and
integrity of House proceedings; and
Whereas, the inability of the House to pass a bill to raise
the public debt limit will cause severe hardship on Federal
employees, Federal contractors, and the American people and
cause millions of American citizens to hold the House in
disrepute: Now, therefore, be it
Resolved, That upon the adoption of this resolution, the
Speaker of the House shall take such action to keep the House
in session until the House considers a clean bill regarding
the debt ceiling to avoid default of the full faith and
credit of the United States.
Ms. JACKSON-LEE was recognized and said:
``Mr. Speaker, rule IX, section 1 in particular, speaks to questions
of privilege affecting the rights of the House collectively, its safety,
dignity, and the integrity of its proceedings.
``But second, Mr. Speaker, it talks about affecting the rights,
reputation and conduct of Members individually. And, therefore, we can
see in that rule that there may be actions taken collectively by this
body that would put this House in ill repute in the eyes of its
constituents, in the eyes of other Members, and in the eyes of
collectively, of the American people.
``Mr. Speaker, I would affirm that recessing this House in light of
the failure of the leader's privileged resolution to pass a clean debt
ceiling will befall upon this House in the eyes of the American people a
reputation that we would not be proud of. The House of Representatives
will be held in disrepute by world leaders, international financial
institutions, and most importantly the citizens of this country, if it
does not pass a bill relating to the debt ceiling.
``Mr. Speaker, it is my contention that this is a grave matter, and in
many ways affects the dignity and integrity of these House proceedings.
The Secretary of the Treasury has stated that the Federal Government
will be in default of its financial obligations if the debt ceiling
limit is not raised and a $5.8 billion interest payment made very soon.
``In accordance with the responsibilities of his office, Secretary
Rubin has already sent a letter on January 22, 1996, to the
congressional leadership stating under the current conditions the U.S.
Treasury will no longer be able to fulfill all of its financial
obligations.
``Clearly, Mr. Speaker, we have been on notice and we are on notice
that actions by this body would put it in disrepute and have it viewed
as not performing its responsibilities.
``As we are aware, Mr. Speaker, the financial reputation of an
organization is based solely upon the financial history it has
established. Mr. Speaker, it has been an undeniable fact that this House
was given 38 days of notice of the impending financial dilemma.If this
body fails to pass a bill, which we have already done so by rejecting
the leader's privileged resolution, then we would not be in good
standing.
``May I remind the Speaker that rule IX of the House states questions
of privilege to the dignity and reputation of this House.
``Mr. Speaker, might I also say that, if on February 26, when we have
the obligation of sending out to millions of Americans Social Security
checks, I can tell my colleagues that if those checks go out with no
clean debt ceiling, they will bounce. If that is not a blight on the
integrity of this House, then I do not know what it.
``Mr. Speaker, if I may personally say, having had the privilege of
going to Bosnia, visiting with the people of those nations, Bosnia, the
former Yugoslavia and Croatia, when making a very weighty decision by
this body as to whether we would go in as peacekeeping troops in this
effort, I had the privilege of talking to the men and women who are now
serving in Bosnia. The only thing they asked of us is: Will the American
people be with us?
``Mr. Speaker, here we stand on the House floor about to recess and go
home and jeopardize the opportunity and the responsibility to pay those
military personnel by March 1. Mr. Speaker, I think that we have come to
a point legitimately under rule IX that we must stand up because we
provide a harm to the American people. the harm is the inability to pay
Social Security; the inability to pay veterans' benefits; the inability
to pay our military personnel; and, yes, the disrepute that will fall
upon this House and this Nation when it is not able to pay its
responsibilities and uphold the full faith and credit of this Nation.
``Mr. Speaker, I would ask that we not recess and we stand with the
American people. Do not bring a lack of dignity on this House on the
American people.''.
Mr. WOOLSEY was recognized and said:
``Mr. Speaker, here we go again. The folks who brought two Government
shutdowns are now threatening to bring our Nation to the brink of
default one more time. They are doing this in one more attempt to force
their extreme agenda on the American people.
``That is right, once again the Gingrich Republicans have the Nation
teetering on the edge of crisis, and instead of working to avoid
disaster, the Speaker and his gang want to leave town this weekend.
``My colleagues heard me. They want to leave the Nation's full faith
and credit, as well as the fate of millions of Social Security and
veterans' beneficiaries, hanging by a thread until Congress reconvenes 3
weeks form now.
``Mr. Speaker, that is right. Mr. Speaker, I would like to ask why the
motion to adjourn is a privilege and the resolution to prevent
adjournment is not a privilege. I would suggest that we be able to speak
on either side of adjourning or not adjourning, equally. And I would
hope that I could then have another Member of our caucus speak to this
same issue.
``Mr. Speaker, I would like to ask why, if the motion to adjourn is a
privilege, that the motion not to adjourn is not the same privilege.''.
Mr. SOLOMON was recognized and said:
``Mr. Speaker, I rise to argue briefly that the resolution does not
constitute a question of the privileges of the House under rule IX.
``As recently as 4:50 p.m. today, a few minutes ago, the Chair rules
against a resolution purporting to raise a question of privilege, on the
grounds that it effected a change in House rules by providing for
passage of a specified bill.
``The resolution before us is only a slight modification of the
previous resolution, by requiring the Speaker to take action to keep the
House in session until the House considers certain legislation. As such,
the resolution attempts to change House rules by altering the duties of
the Speaker as specified in House rule number I.
``Presumably, the Speaker would even be required to not recognize
anyone who offered a constitutionally privileged motion to adjourn. This
is not only changing House rules, but it actually violates the
Constitution of the United States. I would, therefore, urge the Chair to
rule against the resolution in conformity with the Chair's
[[Page 2799]]
previous rulings and House precedents, and I would urge the Speaker to
rule.''.
Mr. WALKER was recognized and said:
``Mr. Speaker, the resolution is obviously a resolution of the same
nature as those that have been ruled on previously by Speakers extending
back for several decades.
``The cause being brought by the gentlewoman [Ms. Jackson-Lee] is
under rule IX. This is obviously not a question of privilege under the
provisions of rule IX, and so, therefore, I request that the Chair rule
against this matter as a question of privilege.
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, ruled that the
resolution submitted did not present a question of the privileges of the
House under rule IX, and said:
``The resolution offered by the gentlewoman [Ms. Jackson-Lee] alleges
that the failure of the House to take a specified legislative action
impairs its dignity and the integrity of its proceeding and lowers it in
public esteem. On that premise, it resolves that the Speaker keep the
House in session until it considers a pertinent legislative measure.
``The resolution offered by the gentlewoman [Ms. Jackson-Lee], like
those offered on February 7, and December 22, 1995, and on January 3 and
January 24, 1996, and earlier today, attempts to advance a legislative
proposition as a question of the privileges of the House.
``For the reasons just stated by the Chair when ruling that the
resolution offered by the gentleman [Mr. Gephardt] did not constitute a
question of privileges of the House, the Chair holds that the resolution
offered by the gentlewoman [Ms. Jackson-Lee] does not affect the rights
of the House collectively, its safety, dignity, or the integrity of its
proceedings within the meaning of clause 1 of rule IX. Rather, it
proposes to impose a particular legislative schedule on the House,
precluding an adjournment of the House until a specified legislative
measure is considered, as an antidote for the alleged disrepute of
previous inaction.
``Therefore, the resolution does not constitute a question of
privilege under rule IX.''.
Ms. JACKSON-LEE appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. SOLOMON moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. BARRETT of Nebraska, announced that the
yeas had it.
Ms. JACKSON-LEE objected to the vote on the grounds that a quorum was
not present and not voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
229
When there appeared
<3-line {>
Nays
181
para.11.15
[Roll No. 27]
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
____________________
point of order
(para.20.14)
To a proposition comprehensively addressing a specified subject (food
production and distribution), an amendment addressing an unrelated
subject (nutrition assistance) is not germane.
On February 29, 1996, Mr. ROBERTS made a point of order against the
motion to recommit, and said:
``It is my understanding there is a nutrition program extension; that
is, the Food Stamp Program included. This is not included in H.R. 2854.
It is an entitlement program that amounts to about 50 percent of the
agriculture appropriations each year. This is a 7-year extension, not
germane to the rest of the bill. I insist on my point of order.''.
Mr. STENHOLM was recognized to speak to the point of order and said:
``If the gentleman [Mr. Roberts] insists that the nutrition programs
dealing with the feeding of the people with the food that is produced by
our farmers should be stricken from this farm bill, I will extract that
from our recommittal so that no longer is an issue because I understand
the point of order.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The amendment proposed in the motion to recommit, among other
things, amends the Food Stamp Act. The bill as amended does not amend
that act, nor does it otherwise address nutrition assistance programs.
``The bill, as perfected, addresses production and distribution of
agricultural products and not the food programs.
``Therefore, the point of order is sustained.''.
____________________
point of order
(para.26.8)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
``QMB's, who are qualified Medicare-Medicaid beneficiaries, are
seniors. We are dealing with legislation that deals with people who are
employed by employers to collect data for purposes of determining
primary and secondary payers, and I believe the gentleman's statements
are not germane.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The gentleman [Mr. Camp] must confine his remarks to the subject of
the bill.''.
____________________
point of order
(para.26.9)
Remarks in debate that maintain an ongoing nexus to the pending
proposition are considered relevant.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
``Mr. Speaker, is the question propounded by the gentleman [Mr.
Doggett] germane to this legislation and therefore a question that
should be answered?''.
Mr. DOGGETT was recognized to speak to the point of order and said:
``Mr. Speaker, surely it is permissible in the course of one of these
debates, and I can understand the gentleman's [Mr. Thomas] desire not to
get into this destruction of the health care of our seniors across the
country by raising this issue, but surely it is appropriate under the
rules of the House to make an inquiry of someone who is opposed to this
legislation as to what the legislation affects. That is all I have
asked, is whether or not the seniors in America are going to be affected
by changing this data bank to seniors who would lose out if there are no
standards to protect them in nursing homes.''.
Mr. THOMAS was recognized to speak to the point of order and said:
``The gentleman [Mr. Doggett] is at a disadvantage. He arrived on the
floor not hearing the gentleman's [Mr. Stark] opening statement, in
which he said he was not opposed to this legislation. There is no
opposition to this legislation.
``The purpose of this debate under the rules is to discuss the matter
in front of us, and all this gentleman [Mr. Stark] is trying to do is to
maintain decorum and order in the House and request that the Speaker
enforce the Rules of the House so that we may have an orderly debate and
not traverse the countryside in any and all directions by any individual
who may have an honest and earnest attempt to discuss this issue or may
be motivated by other reasons.''.
The Speaker pro tempore, Mr. CAMP, overruled the point of order, and
said:
``The gentleman has made his point of order. The Chair is prepared to
rule.
``The question is relevant to the extent of coverage of the data bank
under this bill, and the gentleman [Mr. Doggett] may inquire in
order.''.
Mr. THOMAS was recognized further and said:
``Mr. Speaker, continuing my point of order, it is for employees only.
The question is about nonemployees. How can it be germane?''
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
[[Page 2800]]
``The chair will ask the gentlemen [Mr. Doggett] and [Mr. Stark] to
proceed in order.''.
____________________
point of order
(para.26.10)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
Mr. Speaker, the items that the gentleman [Mr. Pallone] is ticking off
on his finger have no relationship to the information to be collected in
this data bank, or any other data bank.''.
Mr. PALLONE was recognized to speak to the point of order and said:
``Mr. Speaker, I am concerned that that in fact is not the case. The
fact of the matter is when you talk about the data bank, which I
understand for this specific purpose is linked to how many employees
receive private health insurance as opposed to Medicare and what the
impact of that is going to be, we have the same thing now with the
proposal by Senator Kassebaum and Senator Kennedy and the gentlewoman
[Mrs. Roukema], where we are trying to get passed on the House floor
health care insurance reform that will eliminate preexisting conditions
and that will allow for portability. The Republican leadership, form
what I can see, will not allow it to come to the floor.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The Chair will again rule that the gentleman's [Mr. Pallone] remarks
be confined to the bill at hand.''.
____________________
point of order
(para.26.11)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
``Mr. Speaker, I rise to this point of order with the understanding
that apparently Members are no longer held to the rule of germaneness.
The correct dialogue is nowhere near the intersection of nexus with the
legislation, in this gentleman's opinion. I would ask a ruling of the
Chair.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The Chair would remind the Members that on November 14th, 1995, the
Chair sustained a similar point of order where a Member was unable to
maintain a constant connection or nexus between the subject of the bill
and his remarks on health care generally, The Chair would ask the
Members to proceed with that in mind.''.
____________________
point of order
(para.26.12)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
``Mr. Speaker, this gentleman is constrained once again to request
that the Speaker, in this gentleman's opinion, understand that the
simple mention of a data bank does not make the discussion germane to
this bill in front of us, to the extent that it would allow the
gentleman [Mr. Stark], who quite rightly is pushing the envelope as he
is trying to do, to discuss the sales of Medigap policies and potential
unscrupulous salesmen who might sell these products.''.
Mr. STARK was recognized to speak to the point of order and said:
``Mr. Speaker, I would suggest to the Chair that in whichever way the
Chair sees fit to rule, the Chair certainly understands the issues and
has been extremely fair, and I would have no quarrel with him in any
event.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``The notion of data banks generally and the notion of data banks
contained in the bill are not necessarily the same issue. Again, the
Chair would ask the gentleman [Mr. Stark] to confine his remarks to the
legislation at hand.''.
____________________
point of order
(para.26.13)
Remarks in debate are not necessarily rendered irrelevant by their
invocation of a broader rhetorical context for discussion of the
question under consideration.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
``Mr. Speaker, the Speaker knows well my point of order. It is the
subject matter and the content of the bill and the question propounded
by the gentleman [Mr. Doggett], which has no relevance or germaneness,
as we say in our rules, to the subject matter before us.''.
Mr. STARK was recognized to speak to the point of order and said:
``Mr. Speaker, inoculation is germane to this because many of these
employers kept records or were to keep records of who was paying for the
inoculations in the Republican Medicare plan, so many people will be
denied inoculations. It is, in fact, very important that we point out
that the inoculations they are talking about are not the same
inoculations that little children are not going to get when the Medicaid
cuts come down from the Republicans.''.
The SPEAKER pro tempore, Mr. CAMP, in response to the point of order
said:
``In response to the point of order, the Chair cannot respond to the
rhetorical nature of the question stated by the gentleman [Mr. Doggett]
by necessarily ruling it irrelevant.''.
____________________
point of order
(para.26.14)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On March 12, 1996, Mr. THOMAS made a point of order, and said:
``Notwithstanding his elegant eloquence, I believe the gentleman [Mr.
Stark] has once again strayed from the germaneness under the rules of
the House.''.
Mr. STARK was recognized to speak to the point of order and said:
``I am talking about data base requirements by an employer, an issue
raised by the previous speaker, and I believe it is quite germane as it
deals with the requirements that employers may be faced with in keeping
medical data banks as required by the Federal Government.''.
Mr. THOMAS was recognized further and said:
``I thought the Speaker had already ruled that a discussion of data
banks in general as a concept for collecting data is not necessarily
germane to a specific data bank which is the subject of this bill.''.
The SPEAKER pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The gentleman is correct. The Chair will state again that on
November 14, 1995, the Chair sustained a similar point of order where a
Member was unable to maintain a constant nexus between the subject of
the bill and the subject of health generally. The Chair has at least
three times today, and does again, sustain that point of order.''.
____________________
privileges of the house--return of senate bill
(para.32.9)
A resolution asserting that a Senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
House to originate such bills gives rise to a question of the privileges
of the House under rule IX. The House returned to the Senate a Senate-
passed bill eliminating the Board of Tea Experts and repealing the Tea
Importation Act of 1897.
On March 21, 1996, Mr. CRANE, rose to a question of the privileges of
the House and submitted the following resolution (H. Res. 387):
Resolved, That the bill of the Senate (S. 1518) to
eliminate the Board of Tea Experts by prohibiting funding for
the Board and by repealing the Tea Importation Act of 1897,
in
[[Page 2801]]
the opinion of the House, contravenes the first clause of the
seventh section of the first article of the Constitution of
the United States and is an infringement of the privileges of
this House and that such bill be respectfully returned to the
Senate with a message communicating this resolution.
The Speaker pro tempore, Mr. BURTON, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and recognized Mr. CRANE for thirty minutes.
After debate,
On motion of Mr. CRANE, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The Speaker pro tempore, Mr. BURTON, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
____________________
point of order
(para.37.10)
The test of germaneness in the case of a motion to recommit a bill with
instructions is the relationship of the instructions to the bill as a
whole.
To a diverse bill addressing sundry unrelated programs by amending a
variety of existing laws within the jurisdictions of several committees,
an amendment proposed in a motion to recommit with instructions
establishing as a measure of the availability of certain of the
authorities conferred by the bill the level of the Federal statutory
minimum wage, but not directly amending that labor standard, is germane.
On March 28, 1996, Mr. ARCHER made a point of order that the motion to
recommit was not germane, and said:
``Mr. Speaker, I make, actually, two points of order: a point of order
that the motion to recommit with instructions is not germane to the
bill; and, second, that the motion to recommit with instructions
constitutes an unfunded intergovernmental mandate under section 425 of
the Congressional Budget Act.''.
Mr. BONIOR was recognized to speak to the point of order and said:
``Mr. Speaker, this bill is very broad in its scope. This bill
provides that the President be given a line-item veto authority. This
bill provides for an increase in the amount Social Security recipients
could earn before their Social Security benefits are reduced. Third, it
allows small businesses to seek judicial review of regulation.
``Mr. Speaker, this bill has to do with taxpayers. There is nothing
more important to taxpayers and citizens in this country than to be able
to have revenues in their pockets. What we are offering and what we are
suggesting under this motion to recommit is that we be given the chance
to vote on the increase in minimum wage, which has not been raised for
the last 5 years. The minimum wage is a very important part of a variety
of laws in this country that deal with ability of people to make ends
meet.
``The third piece of this bill that was added in the Committee on
Rules allows small business to seek judicial review of regulations. In
that sense, Mr. Speaker, it seems to me that those people who are
affiliated with small business on the employment side ought to have
redress to getting a decent wage in this country. You cannot live and
raise a family on $9,000 a year or less.
``Let me just add another point to my argument, Mr. Speaker, subtitle
C of the bill requires that the Department of Labor certify whether any
of its rules, including rules governing the minimum wage, where a small
business could go to court seeking a stay of the Department of Labor's
rules governing the minimum wage.
``It seems to me that, because of the addition of that subsection and
the broadening of the bill, the minimum wage indeed is in order as a
discussion point in a motion to recommit.
``I would further add, Mr. Speaker, that my recommittal motion is
logically relevant to the bill and establishes and establishes a
condition that is logically relevant to subtitle C. Under the House
precedent, my motion, I think, meets this test. If we are meeting the
test for seniors, it seems to me we ought to be meeting the test for
those women, primarily, millions of them raising kids on their own
making less than $8,000 a year. They ought to be given the chance to
have this debated and voted on by the House of Representatives.
``I have difficulty not talking emotionally about this issue because
of what I see in the country. But I will confine my remarks to
subsection C of the bill that requires that the Department of Labor
certify. And I would tell my friend from Texas, the Department of Labor
has to certify whether any of its rules governing the minimum wage. And
that, it seems to me, is the direct connection in this bill with the
needs of working people in this country who are working for minimum wage
and deserve to have the opportunity to have that wage increase.''.
Mr. ARCHER was recognized to speak to the point of order and said:
``Mr. Speaker, I make a point of order that the motion to recommit
with instructions is not germane to the bill.
``Mr. Speaker, the motion to recommit is not germane because it seeks
to introduce material within the jurisdiction of a Committee that is not
dealt with in the bill. That is, the subject of the amendment, the
minimum wage, falls within the jurisdiction of the Committee on Economic
and Educational Opportunities, while the subject matter of the bill
falls only within the jurisdiction of the Committees on Ways and Means,
Budget, Rules, Judiciary, Small Business, and Government Reform and
Oversight.
``In addition, the motion to recommit seeks to amend the Fair Labor
Standards Act, which is not amended by the bill.
``Finally, there is the gentleman's argument about rule making. The
rule making authority under this bill is general and not agency
specific. Therefore, the motion to recommit is not germane to the bill,
and it should be ruled out of order on that basis.''.
Mr. ENGEL was recognized to speak to the point of order and said:
``Mr. Speaker, it would seem to me, if we are debating this bill on
raising the debt ceiling limit, that something to do with the minimum
wage is about as germane to the debt ceiling limit lifting as the line-
item veto is and as allowing seniors to make more money for Social
Security purposes. I cannot see why one would not be germane and why
these other things are germane. In fact, we should have a clean lifting
of the debt ceiling and then we would not have to worry about
germaneness after all.
``So it would seem to me that we cannot on the one hand attach all
kinds of extraneous things to the lifting of the debt ceiling and then
on the other hand claim that the minimum wage is not at least as
relevant to the lifting of the debt ceiling as the line-item veto and
senior citizens are. I just do not think it is fair if we are going to
talk about playing by fair rules. I think we ought to be fair. While
they may want to stifle free speech on the other side of the aisle, I
think we have a right to ask for equity here.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, overruled the
point of order, and said:
``The Chair is prepared to rule on the point of order raised by the
gentleman [Mr. Armey] on germaneness. The gentleman from Texas makes a
point of order that the amendment proposed in the motion to recommit
offered by the gentleman [Mr. Bonior] is not germane to the bill. The
test of germaneness in the case of a motion to recommit with
instructions is a relationship of those instructions to the bill as a
whole.
``The pending bill permanently increases the debt limit. It also
comprehensively addresses several other unrelated programs,
specifically, the Senior Citizen's Right to Work Act, which amends the
Social Security Act, the Line-Item Veto Act, which amends the
Congressional Budget and Impoundment Control Act, and the Small Business
Growth and Fairness Act of 1996, which amends the Regulatory Flexibility
Act and the Small Business Act, and it establishes congressional review
of agency rule making.
``The motion does not amend the Fair Labor Standards Act. The motion
does not directly amend the laws that go directly to the jurisdiction of
the
[[Page 2802]]
Committee on Economic and Educational Opportunities.
``The Chair would cite page 600 of the Manual the following:
An amendment that conditions the availability of funds
covered by a bill by adopting as a measure of their
availability the monthly increases in the debt limit may be
germane so long as the amendment does not directly affect
other provisions of law or impose unrelated contingencies.
``Therefore, the Chair rules that this motion is germane and overrules
that point of order.''.
____________________
point of order
(para.37.11)
Pursuant to section 426(b)(4) of the Congressional Budget Act of 1974, a
Member who makes a point of order under section 425 of the Act and
satisfies the threshold burden specified in section 426(b)(2) of the Act
by citing language in the bill as the source of an unfunded
intergovernmental mandate is recognized to control one-half of the 20
minutes provided for debate on the question of consideration.
Pursuant to section 426(b)(3) of the Congressional Budget Act of 1974,
as disposition of a point of order raised under section 425 of the Act,
the Chair puts the question of consideration with respect to the
proposition that is the object of the point of order.
On March 28, 1996, Mr. ARCHER made a point of order against the motion
to recommit as violating section 425 of the Congressional Budget Act,
and said:
``Mr. Speaker, I make a point of order that the motion to recommit
with instructions constitutes an unfunded intergovernmental mandate
under section 425 of the Congressional Budget Act. Section 425 prohibits
consideration of a measure containing unfunded intergovernmental
mandates whose total unfunded direct cost exceeds $50 million annually.
The precise language in question is the text of the instruction that
amends the Fair Labor Standards Act to increase the minimum wage.
``According to the Congressional Budget Office, an increase in the
minimum wage from $4.25 to $5.15 would exceed the threshold amount under
the rule $50 million. In fact, CBO estimates that it would impose an
unfunded mandate burden of over $1 billion over 5 years.
``Let me also point out that the CBO estimates that this provision
would result in a .5 percent to 2 percent reduction in the employment
level of teenagers and a smaller percentage reduction for young adult.
These would produce employment losses of roughly 100,000 to 500,000
jobs.
``Therefore, I urge the Chair to sustain this point of order, and I
urge my colleagues to vote against consideration of this unfunded
mandate on State and local governments.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
point of order, and said:
``The gentleman [Mr. Archer] makes a point of order that the motion
violates section 425 of the Congressional Budget Act of 1974. In
accordance with section 426(b)(2) of the Act, the gentleman has met his
threshold burden to identify the specific language of the motion having
that effect. Under section 426(b)(4) of the Act, the gentlemen [Mr.
Archer] and [Mr. Bonior] will each control ten minutes of debate on the
point of order. Pursuant to section 426 (b)(3) of the Act, after debate
on the point of order the Chair will put the question of consideration,
to wit: `Will the House now consider the motion?'.''.
____________________
words taken down
(para.37.12)
Although remarks in debate may not ascribe unworthy personal motives to
a Member or an identifiable group of Members, they may address
individual or collective political motives while refraining from
improper personal references.
On March 28, 1996, Mr. DeLAY during debate addressed the House and,
during the course of his remarks,
Mr. BONIOR demanded that certain words be taken down.
The Clerk read the words taken down as follows:
The gentleman [Mr. Engel], who just spoke before I did,
said in his speech that we owe the American workers this vote
and we owe the American worker to raise the minimum wage. I
submit he got that from the convention that was just held in
this town by the AFL-CIO who said that they would raise over
$35 million to take this majority out. That is what this vote
is all about. This group over here on the other side of the
aisle has been screaming and yelling for the last many weeks.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, held the words
taken down to not be unparliamentary, and said:
``The Chair does not believe that anything in those remarks
constitutes any personal reference to any other Member of this body.''.
Mr. BONIOR was recognized and said:
``Mr. Speaker, the Clerk needs to go back further, because there was
reference and the use of the word `hypocrite,' and the Clerk has not
gone back far enough to pick up the word that I objected to. The word
`hypocrisy' was used, excuse me, Mr. Speaker.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
remarks of the gentleman [Mr. Bonior], and said:
``The Chair would remind the gentleman that on points such as that,
the point of order from the gentleman making the point of order has to
be timely. The Clerk has gone back several sentences to transcribe what
the gentleman had said, and the gentleman's demand certainly was not
timely in this instance.''.
____________________
point of order
(para.37.13)
Under clause 4 of rule XIV, the Chair rules on the propriety of words
spoken in debate as transcribed and read by the Clerk, and not as
otherwise alleged to have been uttered.
To be timely, a demand that words spoken in debate be taken down as
unparliamentary must be made at the time the words are uttered and comes
too late when further debate has intervened.
The House laid on the table an appeal from the ruling of the Speaker pro
tempore.
On March 28, 1996, Mr. BONIOR made a point of order, and said:
``Mr. Speaker, that dialogue that I am referring to could not have
taken more than 30 seconds, and it seems to me that I was indeed timely
when I rose to my feet as the gentleman was completing his idea, which
included referring to the gentleman [Mr. Engel] with the term
`hypocrisy'.''.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, responded to the
point of order, and said:
``Under the precedents set, those points of order raised by the
gentleman have to be on a timely basis. This is precedent that has been
set in this body for a number of years where there are intervening
remarks that you are alluding to. So the Chair rules that the gentleman
[Mr. DeLay] may proceed.''.
Mr. BONIOR appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. ARCHER moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. HASTINGS of Washington, announced that
the yeas had it.
Mr. BONIOR demanded a recorded vote on the motion to lay the appeal on
the table, which demand was supported by one-fifth of a quorum, so a
recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
232
<3-line {>
affirmative
Nays
185
para.37.13
[Roll No. 99]
So the motion to lay the appeal of the ruling of the Chair on the
table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
The SPEAKER pro tempore, Mr. HASTINGS of Washington, recognized
[[Page 2803]]
the gentleman [Mr. DeLay] to proceed in order.
____________________
privileges of the house--return of senate bill
(para.40.12)
A resolution asserting that a Senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
House to originate such bills gives rise to a question of the privileges
of the House under rule IX. The House returned to the Senate a Senate-
passed bill amending the Trade Act of 1974.
On April 16, 1996, Mr. SHAW, rose to a question of the privileges of
the House and submitted the following privileged resolution (H. Res.
402):
Resolved, That the bill of the Senate (S. 1463) to amend
the Trade Act of 1974 to clarify the definitions of domestic
industry and like articles in certain investigations
involving perishable agricultural products, and for other
purposes, in the opinion of this House, contravenes the first
clause of the seventh section of the first article of the
Constitution of the United States and is an infringement of
the privileges of this House and that such bill be
respectfully returned to the Senate with a message
communicating this resolution.
When said resolution was considered.
After debate,
On motion of Mr. SHAW, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby the resolution was agreed to,
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
____________________
point of personal privilege
(para.57.17)
A Member rose to a question of personal privilege under rule IX on the
basis of the circulation of insertion in the Congressional Record of a
``dear colleague'' letter alleging that the Member had improperly
sponsored an event in a Federal Government building.
On May 14, 1996, Mr. GUNDERSON rose to a question of personal
privilege.
The SPEAKER pro tempore, Mr. COMBEST, pursuant to clause 1 of rule IX,
recognized Mr. GUNDERSON for one hour.
Mr. GUNDERSON made the following statement:
``Mr. Speaker, last week, in a `Dear Colleague' communication with the
Members of Congress and in an extension of remarks printed in the
Congressional Record and, again, in remarks included in a special order
at the end of congressional business, Congressman Bob Dornan raised
questions about me and my sponsorship of an event in a Federal
Government building. The gentleman [Mr. Dornan] has every right to
dislike me if he so chooses. But he has no right to misrepresent the
facts, not the motives of others in this, his latest, attempt to smear
the gay community. Today, I take this time to set the record straight. I
apologize to my colleagues for using valuable floor time in a busy
legislative week, but in this circumstance, I have no choice. This is a
much bigger issue than a personal or ideological dispute. This is a
question of whether individuals in American society should be able to
intentionally misrepresent the facts, question others' motives, and
intentionally falsify information in an attempt to discredit other
elements of society. If there is to remain any element of mutual respect
in a diverse society, we must reject intentional efforts to personally
destroy those with whom we might disagree.
``Mr. Dornan uses an article by a free-lance journalist Marc Morano
and a video tape produced by the Family Research Council to portray a
recent series of events held in this town, in government buildings, as a
party of numerous illegal activities. Nothing could be further from the
truth. Here is the entire story, with the facts.
``Early this year, four young professional men from the Washington-
Baltimore area decided they wanted to do something to make a difference.
These gentlemen, in their twenties, are Kenny Eggerl, a producer and
owner of KSE Productions--a sales meetings, special events, and fashion
show company; David Parham, a director of public policy and education
for the Urban Land Institute; Ryan Peal, an account executive with Hill
& Knowlton; and Bill Pullen, a manager of rehab services at Mid Atlantic
medical services, Inc. They felt the younger generation was not yet
doing its part, especially in the fight against AIDS. Their generation
is unable financially to support most large fund raising dinners in this
town. So they decided to create a weekend of low-dollar events which
many could afford. Because of the popularity of dancing events, they
chose this avenue for the focus of their activities. Because of the
availability of buildings centered around the weekend of April 12-14,
they called the event Cherry Jubilee in honor of the cherry blossoms
decorating this town at the time.
``Tickets for the events met these financial concerns. Individual
ticket were $20 for the Friday night dance; $35, for the Saturday night
dance; and $25 for the Sunday morning brunch. In the end approximately
$130,000 was raised. Expenses, I am told, will finalize at between
$70,000 and $80,000. The net proceeds then will be $ 50,000 to $60,000
raised for two AIDS service organizations: Whitman-Walker Health Clinic,
and Food and Friends. Most citizens should be very proud of these
efforts and the services they will provide. This was a gift of love, not
a weekend of illegal activity. It was a human response of charity, not a
call for more Federal funds. It should be an undertaking that both
Democrats and Republicans are proud of. I dare say if more such events
were held across the country, we could find ways to meet the needs of
our fellow man while still balancing the Federal budget!
``Friday night, April 12 kicked off the weekend with a dance at a club
called `Diversite'. Approximately 800 attended. There were no reports of
violence or illegal activity.
``Saturday night--April 13; the main event was held at the Mellon
Auditorium, part of the Department of Commerce. This place had been
recommended to the sponsors by a mutual friend. All of the proper paper
work required by the Department was completed and the arrangements were
finalized. A liability contract was signed for the evening. A total of
nine security personnel were obtained. Security was primarily contracted
through a security agency approved by the Commerce Department. The final
security detail included nine individuals; two Federal security
personnel, six security officers approved by the Department through
private contract, and an off-duty policeman. The auditorium was rented
by the hour, for a total cost of $7,500 plus $1,600 for cleaning
afterward. In addition, a building engineer and a building
representative were on duty during the entire time.
``Approximately 2,000 attended the dance. In addition to the security
detail mentioned above, approximately 30 event volunteers assisted the
sponsors in managing the event. Food and Friends provided eight
individuals to assist with tickets and such at the entrance. Whitman-
Walker, who served as the fiscal agent, provided three individuals to
collect and handle the money throughout the night.
``Sunday morning, a brunch was held in the Rayburn Courtyard. I had
been asked if I would obtain a space that might be used as a part of the
weekend's activities to benefit Whitman-Walker and Food and Friends.
Because these events were in Washington, and some of the attendees would
be from out of town, the sponsored desired a place which helped to
portray our Nation's Capitol. I was happy to be of assistance. The event
was held from 1 to 4 p.m. on Sunday, April 14th in the Courtyard of the
Rayburn Office Building. Approximately 500 attended the event. Capitol
Hill uniformed police frequently walked through the event. Absolutely no
trouble occurred or was reported by anyone. The sponsors made sure
everyone understood they were in the offices of the U.S. Congress.
Proper dress and decorum were maintained at all times.
``Mr. Dornan refers to an article written by Marc Morano as the basis
for his allegations. Some things should be understood. Mr. Morano is a
free-lance journalist who often works as a material source for so-called
conservative journalists. To our knowledge, no mainstream press ran Mr.
Morano's
[[Page 2804]]
story. He never once tried to interview me or any of the event's
sponsor. Nor did he talk to any of the security personnel, nor the
responsible authorities at the Department of Commerce. Throughout his
entire story, not one source is ever identified or quoted. The only
knowledge we have of the story being published is in Human Events, and
as a basis for a column by columnist Armstrong Williams. According to
that column, Mr. Morano was hired by the Family Research Council to do
the investigation. The Family Research Council produced a video tape
regarding the event.
``There is no record that Mr. Morano purchased tickets for any of the
events. He clearly did not use his own name and address at any time. Nor
did he seek to obtain any press credentials for the events. Rather he
chose to go undercover, unaccounted for, and free to discover his own
story. Personally, I am disappointed that he chose to misrepresent
himself, and his profession in an attempt to find material to use
against others in society. I wish he had the courage, honesty, and
decency to simply buy the tickets under his own name, or pursue the
story through legitimate journalistic procedures.
``Mr. Morano says in his story, he proceeded on assignment into the
gay world for an undercover investigation. I also wish the Family
Research Council had been willing to honestly ask for press credentials
and cover the weekend. Honesty is something this town and this debate
both need.
``But fact is not the basis for the story. Rather hate and prejudice
are the motives by which Mr. Morano and Mr. Williams sought to totally
misrepresent the fund raising events and their purpose. Allow me to
respond to specific allegations in Mr. Morano's article published and
circulated by Mr. Dornan.
``Allegation: The dance party featured public nudity, illegal sexual
activity, and evidence of illegal drugs.
``The facts: Absolutely no one other than Mr. Morano makes such
allegations. Not one complaint was filed by a security officer, nor were
any complaints lodged with them. Security personnel had been given full
authority to remove anyone for misconduct; not one person was asked to
leave. There is no evidence of even a fight among the 2,000 dance
attendees.
``The sponsors intentionally took steps to prevent even the atmosphere
conducive to illegal activity. The security personnel and volunteers
were strategically placed throughout the entire room to make sure
nothing happened. Three foot by four foot posters were placed throughout
the auditorium and the restrooms with the message: The possession or use
of illegal substances is strictly prohibited. A $14,000 lighting system
was purchased to make sure the room was both decorative and well-lit. I
would point out to those who watched parts of the Family Research video
that the filming occurred without any camera lighting. This should make
clear there was no place dark enough for the alleged illegal activity to
occur. Nor does the video show any illegal activity. If the video was
produced undercover, without lights, is there any doubt such illegal
activity would have been filmed if it actually occurred? I don't think
so.
``Allegation: A Federal building, the Andrew Mellon Auditorium played
host to the dance and was the backdrop for the illegal activity.
``The facts: Again, there is no evidence by anyone, including all
security personnel and authorities at the Department of Commerce, of any
illegal activity.
``Allegation: The sponsors included Gay Republican Steve Gunderson.
``The facts: The four individuals mentioned earlier, were the sponsors
through a nonprofit organization called Friends being Friends. Numerous
corporations sponsored part of the financial costs of the weekend. My
sole role was to serve as the congressional host for the Sunday Brunch
by requesting a space in my name. Publicity for the event gave special
thanks to me, and to 17 others, for their assistance.
``On Friday and Saturday, I was actually in Wisconsin. I returned to
Washington Saturday night, but did not attend the dance. On Sunday
morning, if you want to know, I attended church. In the afternoon, Rob
Morris and I attended the brunch. We brought a close friend, and former
Capitol Hill staffer, who now has AIDS. We purchased our tickets for
this event.
``Allegation: The homosexual community's credo seems to be `Die young
and leave a pretty corpse'.''.
``The facts: This is the journalism of bigotry and prejudice. It has
no place in American society in the 1990's. It has nothing to do with an
event organized to raise private funds for AIDS care organizations, or a
story of the event. People with AIDS don't die pretty--they suffer the
worst possible pain and illness, as their bodies wither away to nothing.
One would hope that over 15 years and over 300,000 deaths into this
epidemic, we would all have a better understanding of the disease. I
invite Mr. Morano, and Mr. Dornan, to come visit the victims of this
disease. In so doing, they will learn these are not some faceless pretty
corpses. Rather, they are the sons, and brothers, and uncles, and
lovers, and friends of the greater American family. Tragically, in
increasing numbers they are also the mothers, and sisters, and daughters
of America, as well.
``Allegation: At about 4 a.m., two men proceeded to engage in illicit
sexual behavior in the main auditorium.
``The facts: Absolutely no one but Mr. Morano claims to have seen this
incident. But one must wonder why he did not film it. One must wonder
why he did not report it to security. Sexual acts are not instantaneous
occurrences. Why is no one willing to come forth as witness to this
event other than Mr. Morano, who admits to being on assignment?
According to the organizers, security and the volunteers were placed at
every possible place in the auditorium to prevent even the remote
possibility of this type of incident from happening.
``Allegation: A battle between security and partygoers erupted over
the restroom lights.
``The facts: The main restrooms for the event were in the basement.
Because of this, security personnel were placed there from the beginning
of the event and throughout the evening to prevent any kind of
occurrence. Security reported no fights, no harassment, no drugs, no
smoking, nor any sexual activity. Security made no reports of illegal
activity or trouble. At my request, the organizers of the event
contacted the responsible authority at the Department of Commerce just
yesterday to confirm this information.
``Second, the security system for the evening included person-to-
person communication through headsets so that each security guard might
know anything that was happening. At no time during the entire event,
did a complaint come over the headsets indicating a problem between
partygoers and security.
``Allegation: Despite the flaunting of public nudity, illicit sexual
activity, illegal drug use, and pornography * * * law enforcement never
intervened.
``The facts: Conveniently, only Mr. Morano claims to have seen this
illegal activity. He feels compelled to discuss a S/M conference that
apparently occurred in 1993 in the same building. He then links that
unconnected event to the dance and concludes that the same activities
occurred during both events. According to those who attended, the
allegation of pornography at the dance is without basis. Given the
purpose of the dance event, discussion of S/M or pornography has no
place in an article summarizing the weekend's activities.
``As mentioned numerous times before, law enforcement never intervened
because there was no basis for intervention.
``Allegation: Every conceivable isolated spot became a dilemma for
security. Security officers had to diligently watch the outside
courtyard stairwell in the smoking area. The steps led to a dark alley
on the side of the building where many of the men were congregating.* *
* Orange cones were erected to close the area off, as a security officer
was assigned to stand watch.
``The facts: If Mr. Morano had interviewed any of the event sponsors
before writing his story, he would have discovered the total error of
his perceptions. First, the dance event was sold out. Fire code would
not allow any more in the auditorium. Accordingly, security monitored
the back entrance to prevent people from entering without tickets.
Second, the orange cones alluded to were placed there by a construction
company to block access to their construction. They had nothing to do
with the dance. Finally, security guards were placed in the alley, near
the far door for two reasons. First, this
[[Page 2805]]
was the room where all the money was being handled and stored. Second,
this entrance was also used for supplies and garbage. Thus, there was
much traffic in and out during the evening. Security was there to make
sure only the right people used this entrance, and no one without
credentials had access to the money room.
``Mr. Speaker, the gentleman [Mr. Dornan] has sought to question my
integrity and that of the sponsors of Cherry Jubilee through
misrepresentation of the facts and distortion of the events surrounding
that weekend, and their purposes. He has every right in a free society
to pursue his opposition to those of us who happen to be gay. He has no
right to misrepresent the facts, nor distort information, in a desperate
attempt to smear an element of society he dislikes.
``While I am proud of the efforts of these four young men to raise
private funds for people in need, my personal involvement in this
weekend was very limited. I secured the space for the Sunday brunch. My
partner and I attended the brunch, first to support the cause, and
second to make sure we could refute any ill-founded allegations if they
were to come forth. I would point out to my colleagues that the Rayburn
Courtyard is consumed in sunlight between the hours of 1 and 4 in the
afternoon. I would further point out that the space is created by four
walls with oversized windows on six sides. There was certainly no
attempt to hide anything, or in anyway misuse Federal property.
``I rise today, in a question of privilege, not for myself but for
others. First, I rise in defense of the four young men who worked
tirelessly throughout the spring to produce this event. They are all
professionals, in their own right, who did this out of their concern
for, and love for, those suffering from AIDS. They raised $60,000 in new
resources that we won't have to fund with Federal funds. Every
conservative and every Republican should applaud such efforts.
``Their efforts do not deserve to be misrepresented as they have been
by Mr. Dornan, Mr. Morano, and Mr. Williams. The facts simply state
otherwise.
``Second, I rise in defense of those in need of these services. We
often talk in this chamber about the declining morals of American
society. I would remind my colleagues of those words from the New
Testament, `Thou shalt love thy Lord, thy God, with all thy heart, thy
soul, and mind. This is the greatest of all commandments. And thou shalt
love thy neighbor as thyself. This is the greatest commandment of all'.
``The Greater Washington area, today, unfortunately has the largest
concentration of HIV positive people in the country. This is at the same
time, a city suffering from financial bankruptcy. Few, if any, have
suffered from this financial mismanagement as have the AIDS service
organizations. No place in America needs the charity and help of the
individual citizens more than in this area, for this cause.
``Cherry Jubilee represented the best of the American tradition; it
was the classic public-private partnership to help those who cannot help
themselves.
``Cherry Jubilee represented the best of the American family. If
family means `unconditional love' then no group has rallied to care for
its own, more than the American gay community. When others cast the AIDS
victims out of their houses, out of their communities, and out of their
churches; the gay community raised unparalleled funds to meet the needs
of its victims.
``Cherry Jubilee represented the best of America's Judeo-Christian
ethic. They saw the least of these among us, who need food, and
clothing, and shelter. And through such events as this, they tried to
provide it. They became the love of God personified, as they became
their brothers' keepers.
``And yes, Mr. Dornan, they pursued a Republican solution to a
domestic problem. They didn't demonstrate on the steps of the Capitol
for more Federal funds. They didn't ask for more Federal mandates upon
the local community. Rather, they took it among themselves to become a
part of the solution. They did it on their own. They were one of George
Bush's thousand points of lights. They were one of Newt Gingrich's
shining lights upon a hill. They heard Bob Dole tell them to `do all
they could, and then some'. And that is what they did.
``This country desperately needs its people to stop the yelling, and
simply ask, `How can I help?' May I suggest that to begin, we stop
questioning other people's motives. Second, may I suggest that we seek
the facts, all the facts, before we make unfounded accusations. The
sponsors of these events are willing to do it again, if there is
support. But if all this should reap is misrepresentation, controversy,
and lies, they will simply stop. In that case, either we at the Federal
level must increase our financial payments, or the victims must suffer
even more.
``Let us as leaders set the right example by our words, and our
conduct. And I hope that in a small way, this time has served to correct
the inaccuracies and distortions about this event, its activities, and
my role therein.''.
____________________
point of order
(para.63.6)
Pursuant to section 426(b)(4) of the Congressional Budget Act of 1974, a
Member who makes a point of order under section 425 of the Act and
satisfies the threshold burden specified in section 426(b)(2) of the Act
by citing language in the bill as the source of an unfunded
intergovernmental mandate is recognized to control one-half of the 20
minutes provided for debate on the question of consideration.
Pursuant to section 426(b)(3) of the Congressional Budget Act of 1974,
as disposition of a point of order raised under section 425 of the Act,
the Chair puts the question of consideration with respect to the
proposition that is the object of the point of order.
On May 23, 1996, Mr. PORTMAN made a point of order against the
amendment as violating section 425(a) of the Congressional Budget Act of
1974, and said:
``Mr. Speaker, pursuant to section 425(a) of the Congressional Budget
Act, it is not in order for the House to consider any amendment that
would increase the direct costs of Federal Intergovernmental mandates in
excess of $50 million annually. The precise language in the amendment
before us on which this is based is `Paragraph 1 of section 6(a) of the
Fair Labor Standards Act of 1938 is amended to read as follows: Not less
than $.75 an hour during the year beginning July 1, 1996, and not less
than $5.15 an hour after the expiration of such year'.
``It is upon this basis and the impact of this amendment would have on
State and local government as estimated by the Congressional Budget
Office that I raise this point of order, and ask for a ruling from the
Chair.''.
The SPEAKER pro tempore, Mr. WALKER, responded to the point of order
and said:
``The gentleman [Mr. Portman] makes a point of order that the
amendment violates section 425(a) of the Congressional Budget Act of
1974. In accordance with section 426(b)(2) of the Act, the gentleman has
met his threshold burden to identify the specific language in the
amendment on which he predicates the point of order. Under section
426(b)(4) of the Act, the gentlemen [Mr. Porter] and a Member opposed
each will control ten minutes of debate on the point of order. Pursuant
to section 426 (b)(3) of the Act, after debate on the point of order the
Chair will put the question of consideration, to wit: `Will the House
now consider the amendment?'.''.
Mr. PORTMAN was recognized further to speak, and said:
``Mr. Speaker, last year 394 Members of this House voted to pass the
Unfunded Mandates Reform Act of 1995, which, for the first time, ensures
that before we vote on measures that impose unfunded mandates on State
and local government, that we have three things: First, we have an
analysis of what the cost is; second, we have an informed debate on
whether the mandate should be imposed; and third, and that is what we
are up to today, we have a recorded vote on whether to impose such a
mandate.
``It does not mean we never mandate, but it means we do so in the full
light of day, and that is what this is all about. Having this point of
order is about keeping the promise Congress made a year ago to know the
cost in
[[Page 2806]]
formation, to have a separate debate, and to make a decision in the
clear light of day as to whether we impose this additional mandate.
``I have a letter here from the Congressional Budget Office which
states as follows: `This amendment would impose both an
intergovernmental and a private sector mandate, as defined in the
Unfunded Mandates Reform Act, that would exceed the $50 million annual
threshold for intergovernmental mandates beginning in fiscal year 1997.
For 1998, the first full year in which the minimum wage would be $5.15,
the direct cost of the mandate would total $310 million for State and
local governments, and $3.7 billion for the private sector.' That is
from CBO.
``Thanks to the Unfunded Mandates Reform Law, we now have the facts,
and we now have the opportunity as a Congress to decide, do we want to
impose these additional costs on the private sector and also on State
and local government?
``Mr. Speaker, I just want to remind my colleagues that if you do not
believe we should impose these costs, this would be a no vote.''.
Mr. BONIOR was recognized to speak to the point of order and said:
``Mr. Speaker, I have a question that those of us on this side of the
aisle have, which is why some of our Republican friends over here will
not allow the House to have a clean, simple, up-or-down vote on the
minimum wage? If they are opposed to the minimum wage, then fine. Why do
they not stand up and vote no, rather than hide behind procedural
maneuvers and these parliamentary tactics?
``This is a dilatory motion, a dilatory motion. The House will not
even be allowed to debate, much less vote, on the Riggs amendment to
raise the minimum wage.
``This motion, Mr. Speaker, demonstrates in our view an extraordinary
double standard. The Committee on Rules routinely, and I want to
emphasize that, routinely waives unfunded mandate law for bills
supported by the Republican leadership. In fact, they have taken three
rollcall votes to waive the unfunded mandate laws in the last 3 months.
Our friend on the Republican side voted for all of those waivers. It was
okay then when they wanted to move things that they thought were needed
or were important. But now they are using that law to block a vote on
the minimum wage, a proposal, by the way, supported by 80 percent of the
American people. The unfunded mandate law was never intended, never
intended, as a tool for the majority to prevent a vote on an issue just
because they do not like it.
``The question before the House is a simple one: Will the House be
allowed, will we be allowed, to consider the Riggs amendment to raise
the minimum wage by 90 cents, 50 cents the first year, 40 cents the
second year? Stop these procedural games, these delays. Vote `yes' on
this issue.''.
Mr. PORTMAN was recognized further to speak, and said:
``Mr. Speaker, I want to remind the last speaker, this is part of the
Unfunded Mandate Reform Act. It is not a dilatory tactic. It is to
decide whether we want to impose a mandate. I think it is great we are
having this informed debate. We are going to hear from other speakers
now.''.
Mr. LARGENT was recognized to speak to the point of order and said:
``Mr. Speaker, you can get an argument in this body over just about
anything, but I think most of us would agree that three strikes, you are
out in America's favorite pastime.
``I want to talk about the three strikes of the issue at hand, minimum
wage. Strike one, it is bad policy. There really is no serious debate
that when you increase the cost of labor, you decrease the number of
jobs. There really is no serious debate about that anywhere, except here
in this Congress.
``Strike two, it is bad politics. The people who really take it in the
shorts on this are small businessmen. The people that are creating 80
percent of the jobs that we have in this country, they are the ones that
are going to take it in the shorts when we increase the minimum wage.
There is no debate about that either. That is strike two.
``Strike three, it is bad PR. Do you want to know why there is such a
high level of cynicism about the way Washington works across this
country? It is because Washington continues to say one thing, and do
another, and that is exactly what we are about to vote on the Riggs
amendment.
``Vote `no' on the Riggs amendment.''.
Mr. RIGGS was recognized to speak to the point of order and said:
``Mr. Speaker, let me first of all acknowledge that I did support the
unfunded mandates reform legislation which passed this House by an
overwhelmingly bipartisan margin during the first 100 days of this
session of Congress as part of our Contract With America, so I want to
make clear at the outset, I support the general principles of unfunded
mandates reform.
``However, let me see if I can draw a distinction between what I
believe was the purpose of that legislation and the minimum wage
amendment that I have offered, which is now pending before the House.
``We in the Western United States, especially in northwest California,
are pretty familiar with the onerous impact of Federal environmental
regulations, as well as other unfunded mandates. Those are mandates that
are imposed on State and local governments. In fact, the Unfunded
Mandates Review Panel has looked at Federal environmental regulations,
such as the Clean Air Act, Endangered Species Act, and others, and have
ruled, issued a report, saying that those Federal environmental
regulations do in fact constitute an unfunded or underfunded mandate
imposed on State and local governments by Washington, by the Federal
Government.
``But in this instance, what we are talking about doing is modestly
increasing the minimum wage to keep pace with inflation and restore some
of the purchasing power to the minimum wage that has been eroded over
the years by inflation. My belief is that over time, by increasing the
minimum wage and by implementing meaningful welfare reform, we will be
moving more people from welfare to work, helping those people obtain
again full employment, and, in the long term, become taxpaying,
contributing members of society.
``Mr. Speaker, over the long term, the increase in the minimum wage,
again, if coupled with meaningful welfare reform, is going to produce
more taxpayers, and that is going to increase Federal tax receipts over
the long term, and that will offset the effects of a so-called unfunded
mandate.
``The whole idea of an unfunded mandate provision in law today is to
protect against mandates being imposed on State and local governments
that they must then pay for with their own tax receipts. I do not
believe that increasing the minimum wage, helping people make that
transition from welfare to work, helping them become taxpaying,
contributing members of society, does in fact constitute an unfunded
mandate.''.
Mr. ARMEY was recognized to speak to the point of order and said:
``Mr. Speaker, you know, when we convened this Congress we and the
Nation were so proud that we finally gave unfunded mandates relief to
America. We now have an opportunity to reaffirm our conviction that
America should not have an unfunded mandate of this magnitude foisted on
them.
``I take exception to all the arguments that say there is no downside
to raising the minimum wage. In addition, of course, to the perverse
employment effects on the least advantaged workers in America, there is
in fact a cost to be borne in the private sector.
``Once again we are contemplating a course of action where Washington
gets to feel good about its generosity, while others bear the cost. Once
again we get to feign compassion by bleeding our hearts with other
people's money.
``This is not an acceptable course of action, and I encourage
everybody who believes we ought not to be imposing unfunded mandates on
the rest of the Nation to vote `no' on imposing this on funded mandate
on America.''.
Mr. CLAY was recognized to speak to the point of order and said:
``Mr. Speaker, I urge my colleagues to defeat the point of order so we
may proceed on the vote on increasing the minimum wage. Human beings
have basic needs; they must eat, they must have shelter, they must have
clothes. These needs are universal. They apply equally to employees of
State and local governments and the private sector.
``If workers are to meet these needs without public assistance, they
must be able to earn a living wage for their labor. Increasing the
minimum wage is
[[Page 2807]]
not a true unfunded mandate. The failure to ensure a living wage is
ultimately far more expensive to local government, State governments,
private businesses, and society as a whole than a modest increase in the
minimum wage.
``Mr. Speaker, I will gladly and proudly vote to waive the point of
order because it would be an outrage for this House to block a vote on
the minimum wage.''.
Mr. McINTOSH was recognized to speak to the point of order and said:
``Mr. Speaker, I rise in support of the point of order and want to
make two points, one my colleague, the gentleman from Arizona [Mr.
Shadegg], pointed out: That Abdul Ugdah will not be able to give jobs to
inner-city youths, and that this unfunded mandate of a minimum-wage
increase discriminates against blacks and minorities. And for that
reason alone, we should vote against it.
``But earlier in this year we passed a Contract With America that said
we would not impose a tax increase on local taxpayers, we would not
impose an unfunded mandate on those local governments. This vote is a
vote of integrity, and I call upon my Republican colleagues and my
Democratic colleagues to support that bill, all 340 of us, to vote to
sustain this point of order and show the voters we were not being
dishonest, we were not being politicians when we passed the unfunded
mandate bill; that we meant to keep our word then, and today we intend
to keep our word and sustain this point of order.
``If this vote loses, then I think most Americans will know that we
did not mean to uphold the Contract With America when we passed it.''.
Mr. SAM JOHNSON of Texas was recognized to speak to the point of order
and said:
``Mr. Speaker, I rise in strong support of the point of order. I
remind my colleagues that 1 year ago we did vote overwhelmingly to
uphold it, and it is not just the fact we are losing dollars for the
States and cities, it is a vote to place a massive $12.3 billion
unfunded Government mandate on private business as well. It is a vote to
destroy 620,000 jobs.
``And those jobs are jobs that part-time workers, teenagers, welfare
recipients, in spite of what my colleague says, and unskilled workers,
will never have. Those are the people we ought to be creating jobs for.
We ought to be eliminating the costly mandates that we here in
Washington shove down the throats of our taxpayers.
``This wage increase is bad economics, bad policy, and bad for the
American worker. I ask the Congress not to do what is easy but do what
is right for America: Vote `no' on this. Americans do not want, do not
need, and do not deserve unfunded mandates.''.
Mr. RIGGS was recognized further to speak and said:
``Mr. Speaker, I wanted to mention that the letter cited by my good
friend and colleague, the gentleman from Ohio [Mr. Portman], from June
O'Neill of the Congressional Budget Office, opining that the minimum
wage constitutes an unfunded mandate does not take into account the
possible passage of the Goodling amendment which brought this about.''.
Mr. SHADEGG was recognized to speak to the point of order and said:
``Mr. Speaker, I urge my colleagues to recognize this as an unfunded
mandate and to stand on principle. We are telling governments all across
America, cities, States, counties, that they must pay a wage but we are
not providing the money to pay that wage.
``We are doing what we told the American people in the Contract With
America we would not do. This is not rocket science, it is simple and
straightforward. It is a matter of keeping our word.
``An unfunded mandate imposed upon the States is unfair and it is
wrong. It not only will cost the employees of Mr. Ugdah their jobs, but
it breaks our faith, and anybody who voted against unfunded mandates has
to recognize this is a vote of hypocrisy. We must vote to sustain this
point of order if we voted to ban unfunded mandates.''.
Mr. DOGGETT was recognized to speak to the point of order and said:
``Mr. Speaker, the gentleman from Arizona speaks of hypocrisy. Let me
point out that he and the gentleman from Ohio and the gentleman from
Indiana, who spoke a few moments ago, and the distinguished majority
leader, they have voted three times in this Congress to waive the very
unfunded mandates rule that they now inject into this debate for the
sole purpose of thwarting a minimum-wage increase.
``Mr. Speaker, I think the majority leader has at least been candid
with the American people with regard to his position on giving America a
raise, for he said he would resist that increase in the minimum wage
with every fiber in his body. And it was obvious when he spoke here, and
he is a fairly fibrous guy, that he has not only done anything that he
could to prevent a minimum-wage increase, he has done everything that he
could do to prevent a minimum-wage increase. And this is the latest of
those tactics.
``Our colleague, his right-hand man, the gentleman from Texas [Mr.
DeLay], the majority whip, denied there were even families out there
that were living on the minimum wage. And, indeed, they are barely
living on the minimum wage. And to top it all off, the Chair of the
Republican Conference, the gentleman from Ohio [Mr. Boehner], said, `I
will commit suicide before I vote on a clean minimum-wage bill'.
``That is what this is all about. It is do anything, do everything
possible in order to thwart the desire of the American people for a
raise.
``There have been three times in this session that they have voted,
every single person, including the gentleman that has raised this point
of order, every single person who has spoken in favor of this point of
order, there have been three times that they were not so concerned about
the mandates bill that they were not willing to waive it.
``But this morning they have a wave of a different kind. They propose
to wave goodbye to the desire of the working people of this country to
have a working wage. We believe, in the American economy, that it does
not have to all trickle down. It can bubble up. And the idea is to help
some of those people at the bottom of the economic ladder rise
upward.''.
Mr. PORTMAN was recognized further to speak and said:
``Mr. Speaker, I yield myself such time as I may consume to say
quickly to my colleague that both the gentleman from Missouri [Mr. Clay]
and the gentleman from Texas [Mr. Doggett] have talked about the
Unfunded Mandates Relief Act, as has the gentleman from Michigan [Mr.
Bonior]. All three of them voted for the act, and I am glad they did. I
am glad we are having this debate today.
``I would say that the one rule that I know of where we waived a point
of order, there were no unfunded mandates in the underlying legislation.
And in that case, indeed, Mr. Doggett or anyone else could have raised a
point of order on the rule.''.
Mr. CHRYSLER was recognized to speak to the point of order and said:
``Mr. Speaker, I rise in support of this point of order. This is an
unfunded mandate. One billion to municipalities cost $13 billion
nationwide.
``We agreed to live under the same laws as what we passed. We must
live under the laws that we have passed in this Congress. That is why we
were sent here, that is what makes us different. Do not try to deceive
the American people again.
``Support the point of order. This is an unfunded mandate.''.
Mr. RIGGS was further recognized to speak and said:
``Mr. Speaker, I yield myself such time as I may consume to say that,
first, with respect to the minimum wage amendment constituting an
unfunded mandate imposed on the public sector, I am not aware of any
State or local government that has contacted the Congress to express
their reservations.''.
Mr. ENGLISH of Pennsylvania was recognized to speak to the point of
order and said:
``Mr. Speaker, let me say I come to this Congress as a strong
supporter of the restriction on unfunded mandates, and I come to this
Congress as a former finance officer.
``I am strongly opposed to this point of order because I think it
stretches that rule beyond recognition. That rule was never intended to
freeze in perpetuity our current minimum wage.
``If we sustain this point of order, I think it will open the door to
many more unfunded mandates.''.
Mr. BOEHNER was recognized to speak to the point of order and said:
[[Page 2808]]
``Mr. Speaker, over the last 16 months there has certainly been some
disagreement about what we have done in this new Congress. But I have to
tell my colleagues that on our side of the aisle, what we have done here
on the House floor every day was what we thought was in the best
interest of the American people.
``We have been honest with the American people and that is why we
passed the unfunded mandate legislation. If we are going to continue to
uphold our responsibility to the American people, let us be honest with
them today.
``Let us vote no, not to waive the point of order against this. Let us
stand up and do the right thing once again.''.
Mr. BARTLETT of Maryland was recognized to speak to the point of order
and said:
``Mr. Speaker, as my colleagues can see from the CBO position,
increasing the minimum wage by 90 cents is a monstrous unfunded mandate,
more than a billion dollars to the public sector, which clearly much
exceeds our $50 million threshold and more than $12 billion to the
private sector.
``When 100 percent of the Republicans and 85 percent of the Democrats
in the House agreed on the unfunded mandates issue, the American people
had good reason to believe that Washington was changing the way it does
business. Now, this Memorial Day weekend, do I have to go home and
explain to local officials why Congress ignored the unfunded mandates
law? This Memorial Day weekend, do I have to go home and try to reassure
my constituents that even though Congress broke its promise, the
American people should still believe that Washington is being reformed?
``I urge the 394 Members who supported the Unfunded Mandates Act,
Public Law 104-4, to support our point of order. Increasing the minimum
wage is an unfunded mandate. Vote `no' on the consideration of this
unfunded mandate.''.
Mr. SHAYS was recognized to speak to the point of order and said:
``Mr. Speaker, I encourage my colleagues to vote `yes' and to allow
the Riggs amendment to be considered. The Riggs amendment will allow us
to vote to increase the minimum wage. Anyone who supports increasing the
minimum wage, must vote `yes' on this motion.
``The bottom line is we are encouraging a `yes' vote to increase the
minimum wage. We need a `yes' vote on this motion.
Mr. PORTMAN was recognized further to speak and said:
``Mr. Speaker, I want to say briefly, because there has been some
confusion in some of the discussion, that a `no' vote is the right vote
if Members do not want to impose additional mandates on State and local
government.
``There are also huge private sector mandates here which were required
to be analyzed by the Unfunded Mandates Relief Act, but a `no' vote is
the correct vote if Members do not want to impose these additional
mandates.
``In closing, I would just say that this is exactly the kind of debate
we hoped to have with the Unfunded Mandates Relief Act. We now have it
out in the open. This is an unfunded mandate on State and local
government. If Members do not want to impose those mandates, they now
have the opportunity to stand up and be counted.''.
After debate,
The question being put, viva voce,
Will the House now consider said amendment?
The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
Mr. CLAY objected to the vote on the ground that a quorum was not
present and voting.
A quorum not being present,
The roll was called under clause 4, rule XV, and the call was taken by
electronic device.
Yeas
267
When there appeared
<3-line {>
Nays
161
para.63.7
[Roll No. 191]
So the question of consideration was resolved in the affirmative.
____________________
point of order
(para.73.5)
Under clause 1 of rule XIV, remarks in debate in the House may not
include personal references to Members of the Senate.
On June 12, 1996, Mr. LINDER made a point of order during the remarks
of the gentleman [Mr. Schumer], and said:
``Mr. Speaker, is it appropriate to deal specifically with Members of
the other body by name in making or casting aspersions on the
motives?''.
The SPEAKER pro tempore, Mr. LAZIO, sustained the point of order, and
said:
``Members should not so refer to specific Members of the other body by
name. The gentleman [Mr. Schumer] will proceed in order.''.
____________________
words taken down
(para.82.13)
Remarks in debate characterizing another Member as ``one of the most
impolite I have ever seen'' constitute an unparliamentary personality
within the meaning of clause 1 of rule XIV.
On June 27, 1996, Mr. OBEY during debate addressed the House and,
during the course of his remarks,
Mr. HAYWORTH demanded that certain words be taken down.
The Clerk read the words taken down as follows:
And to the gentleman [Mr. Hayworth], every time somebody
says something you don't like, you open your mouth and you
start shouting from your seat. You are one of the most
impolite Members I have ever seen in my service in this
House.
The SPEAKER pro tempore, Mr. LaHOOD, held the words taken down to be
unparliamentary, and said:
``In the opinion of the Chair, the last sentence of the gentleman [Mr.
Obey] constitutes a personality in violation of clause 1 of rule XIV.''.
By unanimous consent, the words ruled unparliamentary were stricken
from the Congressional Record.
By unanimous consent, Mr. OBEY was permitted to proceed in order.
The SPEAKER pro tempore, Mr. LaHOOD, responding to a parliamentary
inquiry of the gentleman [Mr. Gejdenson] as to the proper course when a
speaking Member is disrupted, said:
``The Chair will take the initiative to maintain order in the Chamber
when Members are speaking. The Chair would enlist the assistance of all
Members in maintaining the spirit of mutual courtesy and comity that
properly dignifies the proceedings of the House. Members who are under
recognition should not be disrupted by other Members.''.
____________________
privileges of the house
(para.82.16)
A resolution alleging inaction on the part of the Committee on Standards
of Official Conduct with respect to a particular case, and resolving
that the Committee be instructed to transmit certain matters relating to
the case to an ``outside counsel'' already involved with other matters
relating to the case, gives rise to a question of the privileges of the
House under rule IX.
On June 27, 1996, Mr. JOHNSTON rose to a question of the privileges of
the House and submitted the following resolution (H. Res. 468):
Whereas the Constitution of the United States places upon
the House of Representatives the responsibility to regulate
the conduct of its own Member;
Whereas the House has delegated that responsibility, in
part, to the Committee of Official Conduct, which is charged
with investigating alleged violations of any law, rule,
regulation, or other standard of conduct by a Member of the
House;
Whereas the Committee on Standards of Official Conduct has
failed to discharge that duty with regard to serious
allegations of wrongdoing by the Speaker of the House;
Whereas, although an outside counsel has been appointed to
investigate the Speaker, the Committee has failed to allow
that outside counsel to investigate serious charges
concerning the Speaker's political action committee, GOPAC,
and its relationship to several tax-exempt organizations;
Whereas a formal complaint concerning these charges has
been languishing before the Committee for more than six
months;
Whereas new evidence of violations of federal tax law--in
addition to the information contained in the formal
complaint--has also been recently reported by investigative
journalists around the country;
Whereas the failure to take action on these matters has
raised serious questions about
[[Page 2809]]
the impartiality of the Committee on Standards of Official
Conduct: Therefore, be it
Resolved, That the Committee on Standards of Official
Conduct is hereby instructed to immediately transmit the
remaining charges against Speaker Gingrich to the outside
counsel for his investigation and recommendations.
The SPEAKER pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. JOHNSTON demanded a recorded vote on agreeing to the motion to
table the resolution, which demand was supported by one-fifth of a
quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
229
<3-line {>
affirmative
Nays
170
para.82.17
[Roll No. 287]
So the motion to lay the resolution on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
____________________
point of personal privilege
(para.82.18)
A Member rose to a question of personal privilege under rule IX on the
basis that his character and motives had been impugned by press accounts
characterizing certain of his attitudes as bigotry.
On June 27, 1996, Mr. DORNAN rose to a question of personal privilege.
The SPEAKER pro tempore, Mr. LaHOOD , pursuant to clause 1 of rule IX,
recognized Mr. DORNAN for one hour.
Mr. DORNAN made the following statement:
``Mr. Speaker, I will be showing no charts or pictures of the
principal focus of my discussion tonight, because of a discussion I have
had with staff and leadership and references to a prior battle over
photographs that we were funding by a young Catholic man named Robert
Mapplethorpe who had died of AIDS and we were using tax dollars to
defend some of the crueler photographs of this very, very gifted
photographer. But we were told that it would hurt the decorum of the
House to show what taxpayers are being asked to pay for. I accept that.
But I have them here to remind American citizens watching on C-SPAN, Mr.
Speaker, that there is a level of hypocrisy in this country and a moral
decline that we may be the last Chamber in the world to have a decorum
while all else melts around us.
``The man, and my friend Newt Gingrich knows this, who I would have
supported for minority whip way back in 1989, and if he had won, he
would be the Speaker today, and the gentleman [Mr. Gingrich] knows this,
is the man I most respect in this House, Henry Hyde.
``Henry just gave me some brotherly advice, that, Mr. Hyde, I would
dearly love to take. He said, Bob, go to the well and say that one of
our own colleagues called you a hater, a bigot and a liar. Simply say, I
am not a hater, I am not a bigot, and I am not a liar, and I forgive
anybody who used those words against me, and take a walk. He says, `You
will be a hero. Everybody likes to be a hero.'
``So I showed him my remarks, I mentioned Moses, I mentioned that in
God we trust, I mentioned Abraham, I mentioned a few lines from the end
of Cecil B. DeMille's classic 10 Commandments and they did give
themselves up to vile affections,' and I showed him what I had slaved
over. I told him I begin it with the words that my school teachers told
me years ago:
``If you want to have everything going for you, just say, Come, Holy
Spirit.
``I showed Henry a letter. I said, `How about if I open with this
letter and then take your advice?'
``That's good, do that.
``Well, I will open up with the letter, and, so help me God, Mr. Hyde,
I will then make up my mind.
``Here is a letter from this month, June 7, about a speech I made on
AIDS on D-day, the night before. It was about my 200th speech. The
gentleman [Mr. Gunderson] has made about seven, eight speeches in 16
years. I am about to break 200 tonight, I think, warning about the
spread of the world's greatest health problem, at least in this country,
particularly because in involves young men in the prime of their lives.
``This is from a young man dying of AIDS. His name is John R. Gail,
Jr. He is from Centerville, Ohio. It says:
Mr. Dornan, I caught your speech on AIDS yesterday on C-
SPAN. I must commend you. I am a 29-year old hemophiliac who
was infected with HIV in 1983. Last September I was diagnosed
with my first opportunistic infection cryptosporidia, an
intestinal virus which causes severe stomach cramping,
chronic diarrhea, and the wasting syndrome.
I have already lost nearly 40 pounds and I am on long-term
disability from work. Obviously this infection, after 13
years of being asymptomatic, has made me another AIDS
statistic.
Mr. Dornan, above being a hemophiliac or having AIDS, I am
a Christian. And I must tell you, it is refreshing to hear
the truth being told about homosexuality and the homosexual
agenda, as you did last night. Not many representatives would
stand up and say the things you did yesterday, which I
applaud.
I am not a bitter person and have forgiven the man who
infected me. I can forgive a homosexual, but not their sin.
It was a homosexual's perverse actions, polluting the blood
supply, which will, without God's intervention, bring about
my untimely death.
I am asking you, Congressman, to inquire about the status
of the Richard Ray Relief Fund which could compensate the
hemophiliac HIV-positive community for the wrongdoings of the
pharmaceutical companies, the Red Cross, the CDC, the FDA and
the National Hemophilia Foundation. The fraud and negligence
perpetrated by these organizations was, and I am sure you are
well aware, documented by the IOM in July of 1995. The bill
has over 230 cosponsors, I think it is up to 240 now, but it
seems to be stalled by the hand of a Republican. Please help
us move H.R. 1023. I hope you are on it.
I appreciate your attention to this great matter of
importance to me and thousands of innocent hemophiliacs
infected with the HIV virus. God bless you, John R. Gail, Jr.
``Now, look, a lot of you folks tease me about my memory. I hate war,
but I am fascinated by people that will put their lives on the line and
die for our freedom of speech. I know that being a combat-trained
fighter pilot, never tested in combat, that I have an extra, extra
respect and affection for those like Duke and Sam, Pete Peterson, who
were called upon, just by the year of their birth, to put their lives
and their freedom for 6 and 7 years, in two of those cases, on the line
for my freedom of speech.
``Because of my affections for the military and the fact that my
father won three Purple Hearts, they were called wound chevrons then in
World War I, two for poison gas, I have memorized some statistics, and
it has absolutely torn me up over AIDS. Listen to my words, please. If
somebody is watching on TV, Mr. Speaker, I hope they take this down.
``World War II, biggest killing in all of history; 292,131 combat
killed-in-action deaths. Two hundred ninety-two thousand, one hundred
thirty-one. AIDS, as of the 30th of this month, 360,000 dead and
counting, including 4,000 children.
``How about our war between the States, the Civil War? Combat deaths,
not the 30,000 or more that died of pneumonia, Andersonville prison
camp. Civil War combat deaths, 215,000 is the round figure, but to be
precise, 214,938. AIDS, 360,000 dead and counting, 4,000 children; 4
million children worldwide in just 3 years.
``How about all the other seven wars put together? Revolutionary War,
War of 1812 with Mexico, with Spain, skipping over the Civil War, my
dad's war, Vietnam that still torments us, and Korea, how about that
total of all the other seven wars? It's 146,346; 143,346. AIDS, 360,000
and counting.
``My motives are pure. I want to stop this death toll. In those 200
speeches, maybe I was not caring or Christian enough to tell you that we
have got to work on this and get more money for care, of course. In
Africa and Asia, millions of people are going to die alone, nobody
holding their hand, no rabbi, minister or priest at their side, no
loving parents ashamed of not embracing them instantly when they were
first infected.
``How many of you knew honestly till this moment, till I tell you now
that by the turn of the century, and what a ghastly way to go into the
third millennia, 60 million people will be in
[[Page 2810]]
fected, 12 million with AIDS, and millions dead including those 4
million children I mentioned.
``Mr. Hyde, I have got to go on, Henry. I dedicate this speech to John
Gail.
``Mr. Speaker, I rise to claim my privilege under House rule 9 to
address the House and reply to some, it says scurrilous but I will
soften it, pretty tough attacks on my honor. We just spent 40 minutes
tonight talking about the word `impolite,' my friend David, my friend
J.D. back and forth. Forty minutes on `impolite.' `Impolite' is not up
there with hater, bigot and prejudiced person, smear artist. No, no,
this is different.
``Mr. Gunderson's on me from this very lectern May 14 have worked
their way throughout the national media. He compounded his insults by
telling a stringer for the Washington Post, according to her puff piece
printed on June 2, that I am `full of prejudice and hatred.' That is so
far over the line, Mr. Speaker, it would necessitate usually a 40-cannon
broadside. I will try to be a little more gentle than that.
``It is worth noting that in 16 years of service together, Mr.
Gunderson and I have never exchanged a cross word off this floor. We
have never been impolite, discourteous, or uncivil toward each other,
not once. Mr. Gunderson will confirm this, just ask him. In fact, ask
anyone around here, and if they are honest, these are the adjectives of
my staff and my wife and kids. Ask anyone. If they are honest, they will
tell you I am one of the most cheerful, optimistic, enthusiastic,
upbeat, irrepressible, good natured, and affable Members with whom they
serve, discounting this area right here. And loyal.
``Yes, for certain I am passionate at times and, yes, unrelenting in
my deep concern about the deterioration of our culture, and that concern
is sometimes dismissed in a negative way by a few adversaries and quite
often in the liberal press. They sometimes have a problem with objective
truth and motivations about a lot of us around here.
``As I pointed out occasionally to supportive friends who have asked
me about the passion, I have told them it is only unusual, even in this
historic Chamber that has weathered a civil war and civil rights
battles, only unusual here, because today so many Members of Congress,
like so many American citizens, lack passion about anything, in spite of
that violent world out there.
``The Khobar housing area comes to mind. And because there are so many
here, while aspiring to be nobles, I know we all have seen `Brave
Heart,' while aspiring to be nobles have no heart, let alone a brave
one, and turn a deaf ear to William Butler Yates' warning that
everywhere the ceremony of innocence is being drowned. First, a tiny
prologue.
``The trigger for Mr. Gunderson's point of privilege against me was a
`Dear Colleague' letter. I did not want to discuss this stuff on the
floor. I did not want to read the Morano report on the floor. I
circulated a factual report on a so-called homosexual circuit party of
more than 2,000 bumping and grinding partners misusing the largest
Federal auditorium in our capital.
``On Thomas Jefferson's birthday, April 13, to celebrate licentious
and lewd behavior at a mockingly called event, Cherry Jubilee. The ads
would show you it has nothing to do with our blossoms, cherry blossoms.
``Mr. Speaker, after a fair evaluation of all the facts, I can
unequivocally state, I have been down to the Mellon twice, the
auditorium, that the report issued by journalist Marc Morano, who was
not alone, had another journalist with him, that it was true and
accurate. Let me repeat that, contrary to Mr. Gunderson's second-hand
defense of the 9 hours which he said he did not attend at the majestic
Andrew W. Mellon Auditorium, the eyewitness, multi-corroborated by even
some homosexual journalists in the Washington Times the day after Mr.
Gunderson's point of personal privilege. They were waiting with their
evidence for somebody to trigger it. They thought I would do it with a
special order. Mr. Gunderson did it.
``So Mr. Speaker, I now step out into the mine fields of political
correctness, evil mine fields, I believe, alone, but I hope and pray
alone not for long. Come, Holy Spirit.
``On May 2 last month, here in our awe-inspiring Rotunda, which is our
secular cathedral nave, this 104th Congress, at a very, very moving
ceremony, awarded our congressional gold medal to the Reverend Billy
Graham and his wonderful, devoted wife of 53 years, Ruth. During that
inspiring ceremony, while thanking us and addressing Vice President Al
Gore and his beautiful wife Tipper and all our leadership, Mr. Gingrich,
Bob Dole, our former Senate leader, and his wife Elizabeth, and Messrs.
Armey, Gephardt, DeLay, Bonior briefly, Senators Lott, Daschle, all the
Senate leaders and dozens of Members of both Houses. I see some of the
faces here that were there.
``Reverend Billy Graham stated with great emotion, `We are a nation on
the brink of self-destruction.' He was not talking about most-favored-
nation status for China. He was not talking about another B-2 bomber,
and he was not talking about a 4.3-cent gasoline tax. He was not even
really talking about the budget deficit, the debt, which is immoral to
do this to our children yet unborn. We know what he was talking about,
partly the subject matter that brought me to the floor tonight, I
repeat, Dr. Graham, `America is a Nation on the brink of self-
destruction'.
``A national poll last month stated that 76 percent of our fellow
Americans believe that our country is in spiritual and moral decline.
This Member agrees; I am one of the 76 percent. I love my country. Who
here could not? And I am sick at heart at its lack of direction in moral
matters, in State and civic affairs involving character. No references
tonight to any other parts of this town.
``I beg my colleagues to read carefully this cover article in the June
17 edition of the Weekly Standard. It is titled, `Pedophilia Chic: The
Norming of Foul Perversion, Child Molestation.' It seems that no longer
is there any conduct considered a flat-out evil. In our Hollywood-type
popular culture, there are hardly any taboos that remain. The words
`objective disorder' fall on deaf ears at the networks and at the New
York Times.
``It was just 12 days after Reverend Graham's warning that Mr.
Gunderson rose on the House floor. In a `Dear Colleague' and at this
lectern, he repeatedly called me a liar, of course using other words,
impugned my character with the direct use of words like `smear,' `lies,'
`biased conduct' and `an international effort to personally destroy'.
``Here is one quote: `The gentleman from California has no right to
misrepresent the facts in this, his latest attempt to smear the
homosexual community'.
``Of course he used the adjective `gay' as a noun, in place of the
perfectly neutral non propaganda noun `homosexual.' Seven times he said
`misrepresent the facts'. Mr. Gunderson's words or variations thereof
were in the Washington Times, the Post, Congress Daily, Associated
Press; moved to slander from sea to shining sea. In my home county, a
young reporter embellished on the slander and put words in his mouth.
Said he called my effort a character assassination. Then the reporter
went on to repeat the obnoxious charge that I was out to `smear the
homosexual community'.
``Mr. Speaker, I think it is kind of low-life, this tact, I know Mr.
Gunderson was prodded to do it. He said in his opening that he was going
to let sleeping dogs lie, or words to that effect, and I think I am
entitled, the `impolite' cost us 40 minutes tonight, then I think I am
entitled to make my case for my motivation.
``So let the facts speak for themselves. He says that I and others
used stereotypes when analyzing conduct. Well, just what would be
considered typical versus stereotypical conduct? Being fired from a
Federal job for a tryst with a secretary. Excuse me, with the chief of
staff. How about a 1991 public report of drink-throwing at an inside-
the-Beltway bar that was about to be closed and was closed for
pornographic pictures on its wall? How about another more recent drink-
throwing rerun at a sodom and masochism bar December 16, last December,
6 months ago? Again, the altercation created sleazy newspaper stories
involving a Congressman. Is that considered classy conduct? Does it
diminish the integrity of our House as a whole? You bet it does. What
would happen to an officer of the military involved in similar
[[Page 2811]]
squabbles? Is this stereotypical behavior or just typical?
``Mr. Speaker, no one believes that any Member of Congress is risking
his or her life by serving in this Senate or House. Out in the field,
yes, sir. Leo Ryan comes to mind, Larry McDonnell. No we do risk our
lives. I flew on the aircraft that killed Ron Brown and 34 other people,
with Sonny Callahan and two or three other Members I see here tonight,
four flights less than a month before that killing took place, that
terrible accident. But there are people who serve under us that we make
adhere to a tougher standard that do risk their lives. A slim majority
of Members of Congress, eight people, swing four either way, sent
thousands of troopers of our 1st Armored Division by Clinton into harm's
way in Bosnia. And yet Congress is going to ignore this cherry romp of
hedonism right down here on Constitution Avenue?
``Our toleration of low standards here in Congress over the years that
I have observed is at the core of my challenge today, Mr. Speaker. Our
Federal buildings, and I have been told today they are going to do it
again next April for the third time, our Federal buildings must never,
never be used to facilitate, if not glorify, immorality.
``We in Congress are culpable for any immorality taking place on
public citizen-owned property in Washington. And if we fail as
custodians of these beautiful citizen-owned buildings, you bet,
culpable. And what dangerous policy are we following if we dismiss the
consequences of glorifying homosexuality right here in our Capitol?
``My colleagues need only reflect on the lives of those Members of
Congress, past and present, who found or still find alluring, if not
addictive, this lifestyle. I say this with no joy. Three of our Members
have died from AIDS, another barely escaped expulsion.
``I will leave the rest for the written record because it involved a
child, a 16-year-old teenage page, in Spain. I never heard of a page
going on a domestic CODEL. How do you get to go on an overseas
congressional delegation and lose your innocence? Another Member was
dishonored with a very severe House reprimand; involved a pimp/
prostitute. A lot of pity from people from a West Point sense of honor.
Leave the rest for the record.
``Then we saw two other Members have their careers ended by election
defeats after they were discovered trolling for teenagers at so-called
hot action bars. One of them, a friend of mine, was the father of three
teenagers. The other, first Republican in 100 years in his seat, looked
like a brother of mine, redhead, busted by our Capitol Hill police in
one of the men's rooms in the Longworth Building. Sad. At a porno
theater, where people were diving out of windows, some died, and
eventually died himself of AIDS.
``Now, there is another word, Mr. Speaker, that I learned in preparing
for tonight. It is a Greek word. Ephebephilia. E-p-h-e-b-e-p-h-i-l-i-a.
It means someone who targets 18- and 19-year-olds. I guess in some of
our Appalachian Mountain States, where the age of consent is 15 or 16,
you target that narrow band, kind of the way Hugh Hefner does with
heterosexual baby faced young girls for his centerfolds who look younger
than their 18 that they have to be legally. He has been caught twice
using a minor.
``Now ephebephilia, like pedophilia, is a moral sin of seduction, a
transgression in Greece against 18- and 19-years-olds. Why do you not
study the decay of classical Greek culture, my colleagues? Whether it is
ephebephilia or pedophilia, in God's eyes it is all the same.
``There are a lot of Members who stay in privacy. I respect that. It
is just when they are using it to advance an agenda, trying to have it
all ways, kind of like truth in advertising, that I got upset once on
this floor. I am going to leave the rest for the record.
``I have a Member on our side, could be a chairman of a major House
committee next year. Given today's tragic loss, one of my best friends
in the cloakroom, who, by the way, told me to do this. Bill Emerson told
me to do this. I swear to God he told me to do this. This list does not
include Members who keep privacy. Credit to their good judgment. One of
our Members claims they are all Republicans. Quite a bloodhound, I
guess. Tends to occasionally to take away their privacy; use the word `
out.' And I hope he never does it. I thought there was one code that was
unbroken in the homosexual community, and that is everybody gets to make
their own call in privacy.
``My colleagues, homosexuality is not this adjective `gay.' At least
in this Chamber, where people's careers have brought them to this
pinnacle, it has been very sad, not happy. I would like to how I, a God
fearing American, a very lucky husband of 41 years, a father of 5
stalwart God loving children, adults all, a grandfather of 10, No. 11 in
the hangar, and a very hard working double House chairman, who is trying
his very best to slow the AIDS toll, how could I possibly smear
activists, as Mr. Gunderson accused me, given what they have done, and
many continue to do, to themselves?
``In that June 12 Post Magazine story, `Mr. Gunderson asserts Dornan
is full of prejudice and hatred.' That one quote alone, as the
parliamentarians told me, entitled me to an hour. And in the same breath
he used `Is Dornan dangerous? Sure, because he can use passion to
intimidate and to roll over those who are unwilling or unable to stand
up to him'.
``That is pathetic. I know this is going to sound patronizing, but I
mean it from the bottom of my heart. I pray for Steve Gunderson and all
others who like my colleague live on the edge. But I must fight back
here tonight. I must fight back. These charges have their intent to
destroy not my reputation only, but it brands my work in Congress as
driven by the twin evils of hatred and bigotry.
``It is not going to work. It is not in my nature to allow something
like that to go unanswered. I went through jet pilot training to serve
in peacetime, ready to defend our freedom of speech. I went through that
pilot training when Mr. Gunderson was 2 years old. I marched with Dr.
Martin Luther King when Mr. Gunderson was 12. The next year, in 1964, I
had FBI people tell me the Ku Klux Klan has a contract out on this
Republican's head in a beautiful state because I was putting my life on
the line against bigotry, registering to vote African-Americans.
``Mr. Speaker, in the 1880's, when immoral dueling was commonplace,
this would not have happened. Never would I have had my honor assaulted
this way. I will leave out the line.
``Mr. Speaker, the impact of casual sex propaganda and mainstreaming
and, in some cases, romanticizing of AIDS is having a deadly effect upon
our young, and lately upon our very young. I will tell you some quotes
from Dr. Fauci up at NIH later, and that is why I circulated the facts
about that circuit party.
``It is also my intent to reinsert the truth of what happened at that
dance, and we are not talking ballroom dancing here, Mr. Speaker. So
that no one will be misled, Mr. Gunderson, in his assault, associates me
with two honorable journalists, one of them a courageous African-
American writer, the other an excellent investigative reporter. And he
attacks both of them as motivated by hate and prejudice, the journalism
of hate, bigotry and prejudice.
``In his attack he invited the two writers to come and visit the
victims of the AIDS disease. I checked with the other two; we have all
done that. And he said we should learn that these are not some faceless
pretty corpses but rather sons, brothers, uncles, lovers and friends,
and, in increasing numbers, also mothers, sisters, and daughters.
Strangely, he left out dads and aunts, and in the case of two of our
Congress who are dead from AIDS, their prior important roles as husbands
and fathers.
``It should comfort the gentleman from [Mr. Gunderson] to know, if his
real goal is the truth, that this Congressman has forgotten more about
the worldwide medical impact of AIDS than the Member [Mr. Gunderson] has
ever known. And I might add, as some of my colleagues claim, that I
forget little, if anything.
``According to that June 2 article, Mr. Gunderson said he has had four
of his closest friends waste away and die from AIDS and another is HIV
positive. What a gut-ripping, heartbreaking experience. But maybe he has
kept these tragedies within his circle. I do not recall him publicly
warning anybody, young or adult, not from this lectern, that the wages
of promiscuity, for heterosexuals, too, is now death.
[[Page 2812]]
``Does he defend the Magic Johnson rationale; I am simply an innocent
victim and we are all in this together; it is really an innocent
disease? Or, rather, champion what I think is the more honorable
approach of heavyweight prize fighter Tommy Morrison, who stated through
tears, it is my fault, my conduct, my immoral behavior. If I can save
one young person from doing what I did and save them from becoming
infected with this killing disease, then my suffering will not have been
in vain. No coming back to the boxing ring for one short season. As that
big beautiful smile, and the most incomparable smile I have ever seen in
my life on Magic Johnson gave us for a while on the basketball court.
``And where was Mr. Gunderson or any other Member in 1986, when I
pleaded with my colleagues, mostly on my side, come to Paris with me to
visit the Louis Pasteur Clinic to investigate this explosion of this
pandemic. Where were they when I went to Geneva later that year, with my
wife, Sally, to learn all we could about this health nightmare by
getting extensive briefings at the World Health Organization? How about
visits to the Centers for Disease Control? I never saw anybody sign in
down there except Newt Gingrich. It is in his district, or was. How many
times has any Member, to gain AIDS knowledge, visited the National
Institutes of Health, just a short 15, 20 minute drive from Capitol Hill
up to Bethesda? Well, I have made all these informative trips several
times over the last decade.
``And what did Mr. Gunderson do with his unjustified, now illegal, Jim
Wright-initiated 2 years of congressional pay raise in 1989 and 1990?
Well, my 2 years of those raises went to AIDS hospices.
``Mr. Speaker, I do not know what my colleague does in his free time
to educate himself about the worldwide aspects of this, but I have been
carefully tracking this nightmare for 13 years. Just last month I
visited the Armed Forces Medical Intelligence Center at Fort Detrick
where I received a startling and tragic update about the exponential
spread of AIDS worldwide.
``In just 3 1/2 years form now, I told you this, 60 million will be
infected, 12 million full-blown AIDS. Sadly, most of them with little or
no health care. And dead? Nobody can really track the dead worldwide. No
one knows for certain how many millions by 2000 in the year of our Lord
will be gone.
``I also learned the following stunning, shocking medical fact. The
military forces of Zimbabwe were 75 percent infected. Not 7.5, not 17.
Three out of every four of that officer corps, their sergeants and their
kids are infected with AIDS. You know what this did? Because of this,
their forces are rejected permanently by the U.N. for any future peace
keeping assignments. And at least six more nations are going to be
stigmatized any day now on a no-go list with unacceptable for peace
keeping duty.
``Zimbabwe peacekeepers brought the specter of AIDS infection and
death to Somalia. How sad. Death in the name of peace. Make love, not
war. That means more pressure on our American infection-free forces to
travel worldwide on peacekeeping missions? Is that not obvious, Mr.
Speaker? It is a powerful reason to keep our own military mercifully 100
percent HIV-AIDS infection free.
``A 100 percent non-AIDS infected military is my proper goal as the
chairman of Military Personnel. And I take a lot of, to quote a four-
star, bovine scatology from the homosexual lobby for my perfectly
logical and fair legislation and a lot of that scatology from the other
body.
``Where was Mr. Gunderson or any other Member of the 99th Congress
back in 1985 when I gave the first of almost 200 of my floor speeches
warning about how our blood supply was contaminated and was beginning to
spread the epidemic that year at a ferocious rate? Who came to this
floor anywhere and discussed unsanitary promiscuous behavior or debated
using infected needles and the cross contaminating of both cohort? Where
have all the homosexual activists been over the last 15 years?
``Well, there are now thousands of homosexuals who are working
tirelessly and heroically to comfort and, yes, love the ill with a pure
philos love, a Christian love, a Judeo-Christian love, and God bless
them. But other than telling us we are all culpable, these are the
leaders, and all at risk, for some of it has been just business as
usual. Trying to get money out of us, which we give most generously, and
I have been there 100 percent, and they still push, some of them, public
relations mumbo-jumbo instead of tried-and-true solid public health
policy.
``Mr. Speaker, anybody can tell my colleague [Mr. Gunderson] that I
have spoken with more young men before they died of AIDS than most that
serve here. When a person grows up and has lifelong roots in Manhattan,
New York, and Beverly Hills, CA, as I did and as I do, you will see in
10 years more tragedy involving drug abuse and fast track heterosexual
casual sex than you will see in the wholesome dairylands of Wisconsin in
100 years, at least until these not so gay 90s'.
``In fact, Mr. Speaker, it is interesting to know over the last 10
years, Mr. Gunderson has spoken on this floor about AIDS about eight
times. Unbelievable for a self-proclaimed person who is involved. If you
do not count a one-sentence in passing mention of AIDS in 1989. Then,
amazing as this seems, his very first speech, and a short one at that,
was his annoying, at least to me, Christian second-to-none speech, and
that was only 2 years ago.
``I, on the other hand, addressed this Chamber on the subject of AIDS,
I repeat, about 200 times. That is Mr. Gunderson's rate times 24. This
speech tonight alone contains more references to AIDS both in quantity
and quality that Mr. Gunderson's eight short speeches over 16 years all
run together.
``I repeat, in 1985, I offered a successful and nearly unanimous
amendment in this House, 11 years ago, to close those disease-infected,
unsafe-sex-with-multiple-strangers bathhouses, the aforementioned anvils
from hell that broke and slowly killed so many midnight cowboys in New
York City and San Francisco.
``Frankly, given the contrast and the attention we both have given to
this tragic retrovirus nightmare, the widely used homosexual protest
bumper sticker `silence equals death' has a special resonance, don't you
think. I have never been silent because I truly believe in tough love.
Meaningful compassion demands positive action.
``When Mr. Gunderson attacks my belief system on what constitutes
serious sin and what constitutes the corruption of youngsters through
bad example, he also attacks my religion. The Catholic Church and Pope
John Paul II are unrelentingly slandered by the top and the middle
management of the homosexual food chain, to see the disgusting,
apocryphal scene in Berlin with stark naked people throwing blood red
paint on the holy father's vehicle. Main driving force is this issue to
that atrocity. However, thanks to God's unrelenting love, and I have
seen this when death is near, it is back to the arms of holy mother
church, Dominus vobiscum.
``What does Mr. Gunderson really know about my love for the dying or
my empathy for human suffering or my work with the families of our
missing in action in Vietnam and now Korea where he left hundreds behind
under a Republican hero, a five-star general, President Eisenhower? What
does he know about my empathy for human suffering? Jesus died for
sinners, actually for each individual sinner.
``I am a sinner. Most of us around here commit at least little, small
sins on a pretty regular basis, do we not? Every one of us, every day
with every suffering person can and should say, there but for the grace
of God go I. My motives are based on compassion and on love for my
fellow man and a pure desire to defend innocent youth and children.
``I resent anybody out there hiding behind the facade of caring,
thinking about other things. Does every Member truly grasp the enormity
of the suffering that was involved with those 360,000 Americans slowly
wasting away, and counting. I can't absorb the enormity of that level of
suffering. Who but a handful among us in Congress, I repeat, even knew
that 60 million are going to be infected at the turn of the century.
What a way to enter that millennium, I repeat. And the calamity is
behavior-driven in the main. No ifs, ands or buts about that harsh
argument.
``Notwithstanding the pandemic nature of this worldwide plague, the
truth is, and honest reporters have known this for years, AIDS simply is
[[Page 2813]]
not, not everyone's disease. Is it a plague? Of course it is. Is it an
epidemic, an international pandemic? Beyond question, but it simply is
not everybody's disease.
``Read the May 1 story which will be in my full remarks in the Wall
Street Journal. Almost everybody in this room has a better chance of
being hit by their own personal lightning bolt, a direct message from
God to come home as fast as you can, a lightning bolt, before they have
a chance of becoming HIV positive.
``Let us apply some logic. Two thoughtful leaders from AIDS Project LA
in my office last night told me that if AIDS is everybody's disease,
then it is nobody's disease. They just do not want it to be called
totally, to use their words, a gay disease. They say it is not
everybody's disease. Is AIDS your disease, Mr. Speaker? I did not mean
to single you out. No. Is it my disease? No.
``How about all of the floor staff and clerks around us? Of course,
probably not. How about the entire membership of Congress, all 435 of
us? Okay, here is where we pick up a few at risk. I was told a long time
ago that there were some HIV positives between the House and the Senate;
the person is long gone who told me that. He said that only about 50
Members had even been tested.
``So if we include all of our staffers, about 30,000, we would
probably pick up a handful who are infected. That is also because
government, like Hollywood, like Broadway, like big cities, it attracts
a disproportionate number of homosexuals who want to work here for their
country beyond the 1 or 2 percent estimates nationwide.
``I am sure you get my point, Mr. Speaker. But if you say that this
group or that group is a high risk, you have just stigmatized a small
percentage of our population as high risk for venereal disease. The only
fatal sexually transmitted disease in the United States is AIDS. So by
accepting logical truth, you can be called a bigot, a hater, or
prejudiced.
``Those are vile words hurled at me, at an African-American columnist,
at a hard-working reporter, and my good friends at the Family Research
Council and at you who instinctively believed Marc Morano's report about
illegal conduct at the Mellon auditorium.
``By the way, would it not be equally scandalous to rent out this
architectural showpiece, the Mellon auditorium, for a Hustler,
Penthouse, or Playboy, no-holds-barred celebration of free love with
centerfold models, as the bartenders were on April 13, in neon day-glo
underwear. That is all they had on, with or without the drug use, with
or without the half-naked gyrating, with or without the crude name like
Screw Alley for the beautiful arched carriage entrance on the east side
of the courtyard, without anything like that, we are going to give that
place to Hustler or to Guccioni's Penthouse? I don't think so, the kids
would say.
``Now, if I can have an animus towards the promotion of fornication
and adultery that is promoted in Hustler, why can I not have an animus
toward glorifying homosexuality, particularly circuit parties. I refer
you to the U.S. Supreme Court decision, I have my eye on the clock,
Romer versus Evans, May 20, just last month, most timely and very
instructive. Pro-family folks, especially you in Colorado who crafted
that, do not be discouraged by what I am about to say. But sadly,
Colorado's amendment 2 was imprecisely written and its exact wording is
what allowed six justices to choose process over substance with that
majority decision.
``Let me explain at this key point, Mr. Speaker, what I am about to
say, brightly illuminated by this Supreme Court decision, will lend
itself to a resolution of the question before us today. That is, Mr.
Gunderson questioning my motives, my character. For the purpose of law,
you could debate this for days. There is no such thing as homosexual
orientation in law. It does not exist. In law, homosexuality is no more
nor less than a sex act. Loving friends living together for years can be
bonded by philos love with never even a thought of eros love. So under
the law, you cannot be H-O-M-O without the S-E-X-U-A-L, any more than
under law you can be hetero without the sexual.
``This is a crucial distinction in the law. Why? Because laws and
public policies are based on human actions, not the penumbra of
orientation, inclinations, tendencies or temptations never acted upon.
``President Jimmy Carter comes to mind. That is what you get for
giving an interview like Bill Buckley to Playboy. What goes on in the
thought processes of the human brain, that is not law. Law involves
conduct, behavior and, yes, sometimes, rarely, speech, such as treason,
libel or yelling fire and in a crowded enclosure.
``There are no laws against what a man or woman thinks nor will there
ever be in a truly free country. In the eyes of the law, thoughts do not
rape or molest. Desires do not sexually exploit another person or spread
disease. Only human actions can do those things. All of the consequences
pertaining to the behavior of male homosexuality center on sex acts. In
James Carvillean-speak, it is the conduct, stupid.
``Unfortunately, Colorado's amendment 2 carried the term orientation.
It allowed justice Kennedy and five others to perpetuate the myth of
some kind of innate homosexual personhood. I do not have to tell you,
Mr. Speaker, how ridiculously inane that notion is.
``Imagine, if you will, some of these beautiful babies, occasionally
held in their parents arms or in our cloakroom of late, imagine those
babies. Can anyone really make a scientific case that somehow those
parents are holding budding little bisexuals, cross-dressers or
pedophiles just waiting for puberty to reveal their true orientation?
``Such arguments are made regularly, usually by homosexual priests or
homosexual scientists or homosexual doctors and are rarely, if ever,
exposed as mostly psychobabble and pseudoscience, certainly not by my
friends at Newsweek, Time or the other liberal weeklies, including in
the law concepts of orientation and class of persons like amendment 2,
it spawned the death of that amendment.
``But the argument with which I took the greatest exception in the
flawed Kennedy-written majority decision and the focus that is most
relevant to this question of privilege here tonight, Mr. Speaker, is
Kennedy's use of the words animus and animosity to describe the
motivation of the framers of amendment 2, 53 percent of Colorado's
voters who voted for the amendment, and the beliefs of the polling of
the overwhelming majority of Americans.
``Animus, this is the same charge that Mr. Gunderson has leveled at
me, using rougher language. In that long reviewing June 2 Post magazine
puff piece, to be specific again, he said that my effort in exposing the
truth about this weekend was just my latest attempt to smear the
homosexual community. That I am motivated by hatred, a much nastier word
than animus, not by a sincere desire to protect Government property from
scandal or abuse and, of course, not by sincere conviction that all
Members of Congress should prevent our Congress from giving bad example
to the youth of our Nation by sending them the destructive message that
promiscuous sex, hetero, homosexual, bi-, tri- or commune sex is normal
and healthy and regularly allowed to showcase itself in our taxpayer-
owned buildings.
``I repeat, we have learned the hard way that the wages of that sinful
message is death, 360,000 and counting.
``So, Mr. Gunderson tells this Chamber and, through C-SPAN, the
Nation, that I am out to smear.
``I read to you, Mr. Speaker, what Justice Scalia said in his
dissenting opinion about this animus. Scalia writes in his opinion that
Coloradans are entitled to be hostile toward homosexual conduct and that
the court's portrayal of Coloradans as a society fallen victim to
pointless, hate-filled gay bashing is so false as to be comical.
Comical, he writes.
``Mr. Speaker, Justice Scalia thought his opinion to be so important
he took the time to read it in its totality aloud to the Supreme Court,
and it was much longer than the majority decision. Please reflect on
Justice Scalia's words, Mr. Speaker. He is saying that you and I and all
Coloradans are entitled, he even italicized that word in his opinion,
entitled to be hostile toward conduct, not hostile toward any person but
hostile toward the conduct.
``Only craven, cowardly bullies hurt or bash individuals, and they
should be severely punished with the full force of the law. A law-
abiding citizen does not even physically abuse a guilty drunk driver at
an accident scene involving
[[Page 2814]]
the death or injury of a child, and that is a pretty tough provocation.
He makes a citizen's arrest and grits his teeth and cries and waits for
the police.
``So let me state for the Record again, Mr. Speaker, before a million
or so people at this time of night watching, and I am not referring to
any individual in particular. It is the conduct, stupid, or it is the
conduct, sweetheart.
``Mr. Gunderson knows in his heart of hearts, I hope, that, if he were
being physically assaulted out there on the street, Bob Dornan would be
one of the very first, if not the first, to defend and protect him even
at risk of my life, even limping all the way. And if you doubt that,
just ask Congressman Cunningham, Congressman Moran and about a half
dozen of our Capitol Hill Police Officers.
``I, like most Americans, I am sorry, I do have an animus toward
homosexual conduct and at that ostentatious, in-your-face conduct that
was exhibited at the Cherry Jubilee group grope.
``In his floor statement, the gentleman [Mr. Gunderson] attempts to
portray the homosexual conduct at that stately building as, quote, a
gift of love, not a weekend of illegal activity. Even the remotest touch
of common sense is going to tell any American, Mr. Speaker, that the
8,160 foot square foot Mellon auditorium, this beautiful hall is only
7,600, Senate Chamber 4,300, 8,160. When filled with 2000-plus writhing,
bumping and grinding dancers, hundreds of them half naked, that is
anything but a gift of love.
``I would like to show you that non-offensive picture in color there,
blowup of one of the slides, unless of course you define lust as love,
which is kind of similar to a Member of Congress using love as an excuse
to responding to an ad in a homosexual newspaper which was signed off by
`hot bottom'.
``That is not love, that is lust.
``Just why would I have animus and not a homosexual jamboree? Fair
question, easy answer.
``The gentleman, Mr. Gunderson, claimed the Cherry Hop raised about
$50,000. Forty-five; I have just talked with the Whitman-Walker Clinic.
Again he claimed, or he said that, and think about this, Mr. Speaker,
$45,000. If just one person after a night of, quote, copping feels; that
is the description by an anonymous homosexual columnist reporting on the
hop for the homosexual metro weekly paper quoted in the Times after Mr.
Gunderson's remarks, after a night of copping feels on the dance floor,
if just one human being after furtively sharing a little cocaine, and it
is all in the report, with an all too friendly drug tripper in a latrine
stall, if only one person after that gala back in a motel or a hotel
shared the virus, then that mere $45,000raised is but a drop in the
bucket. It is not even half a year.
``For one person who does not even have AIDS yet, if they are in one
of our hopeful Government programs, they would not even cover the
fraction of the cost that one single AIDS patient would require through
his medical decline and death.
``I hope you get that because the head of the Whitman-Walker Clinic,
Jim Graham, in a very pleasant conversation tonight, did not get it. He
said it is not where you get it, it is if you got it.
``You come together in a Federal building and one person gets it,
there goes all the money from the whole event, and Mr. Gunderson said
they spent $14,000 on the lights alone, just on the lighting. You should
have seen the place that night. All those six massive door columns
lighted with the lights of the rainbow.
``Now, God demands compassion and prayers for the infected patient and
for the dying. Jesus commands it. What you do for these the least among
you, do for me. Every AIDS victim lying in a bed is Jesus Christ. Every
little finger you lift to help them, you are helping Jesus. It is right
there. Of course we have to have love and compassion, but focused
animosity is logical when it is directed at the behavior of arrogant
risk takers. Jim Graham agreed with me on this. Those hell-bent for
leather put lust before long life, folks, and therefore they overload,
if not bankrupt, their whole systems.
``Dr. Tony Fauci told me just a few weeks ago up at NIH--I met some of
the lucky patients up there, they called themselves lucky; I had to
wince at that one--he told me that there are now many young homosexuals
becoming HIV-positive because of mere frustration, mere annoyance, at
having to avoid AIDS with less risky sex. So mentally exhausted with
safer sodomy, they succumb to high-risk lust for this inevitable fate.
``Mr. Gunderson says we must not lecture one another if there is to
remain any element of mutual respect, unquote. Well, if lecturing is
out, fine. Then I simply plead with young Americans at risk stop hurting
one another, stop killing one another, stop the promiscuity. This goes
for young homosexuals: Stop the dangerous and the unhealthy conduct.
Stop holding up homosexual conduct or heterosexual sleeping around
before the youth of our country as wholesome and normal and healthy.
``Yes, there should not be hostile Roscoe--I am sorry, using the first
name on military bases--thank you for that amendment. I think it is
going to survive.
``Let me turn around another Gunderson insult. He accused me of trying
to personally destroy those with whom I might disagree. Well, those of
us who truly believe that we are our brother's keepers, and I thought
that is why we all ran for election here, to help our brothers and
sisters. I am not trying to destroy your risk-takers; trying to save
your immortal souls and your mortal lives in the measure.
``Mr. Speaker, the gentleman [Mr. Gunderson], said I had a large hand
in intentionally misrepresenting facts and falsifying information. He
repeated that 6 times. For the record, these salacious advertisements--I
was going to show them--at my side are exactly what I am talking about
when I criticize the melee at the Mellon. Cherry Jubilee consisted of
three inclusive events.
``Mr. Speaker, I will put in the Record the 3 phases of this weekend.
I will call to people's mind the Tailhook incident; as ugly as that was,
the outrageous double standard that we tolerate, given the code of honor
that we Americans demand from our military, how pathetically low our
standard of ethics is here and in the Senate. Even Packwood avoided
being expelled for over a year. Then he quit, among tearful goodbyes.
`Goodbye, Mr. Abortion, goodbye, Mr. Womanizer, good riddance.'
``I talk about the second event, the main event, talk about my going
down there, talking to this wonderful lady who has had the main
stewardship under the GSA, not, as Mr. Gunderson said, Commerce, the
GSA, how they balked at her asking him to wrap it up at midnight. Then
she tried to compromise, 1 o'clock, and finally it was 9 hours till 6
a.m., on the Lord's day.
``Then I talk about the recovery brunch; that is their name;
supposedly at the Longworth. I guess the gentleman [Mr. Gunderson],
realized he needed a bigger venue, violated all of our House rules about
nothing in the courtyard at Rayburn till 4:00, started at 1:00. They
blocked the reporter, Marc Morano, from going in.
``I stood in front of that Mellon; this is where I tried to have a
joint House-Senate session for Mr. Gorbachev. No dictator had ever
spoken there where Churchill and MacArthur stood. So I knew this Mellon
years ago; was 87, and yet I stopped, I was the lead man, with a little
help from Mr. Gingrich and Mr. Walker to be truthful, not much help; it
was my show. I stopped Gorbachev. I did not want him here. Some of my
colleagues yelled to me in the elevator, `Well, I want to hear what he
has to say, Bob.' I said, `Good. You ever heard of the Mellon
Auditorium?' This is 9 years ago. `Let's go down there; its bigger than
the House floor'.
``Well, I went down there, and this lovely lady told me, and I do not
want to get her in trouble, that the next day was a pig sty, that the
floor was covered with a slime from mixed drinks. It was a whole bigger
floor than this. She say they called the Whitman-Walker Clinic; he
admitted this to me on the floor today. He said, `Well, we cleaned it
up; didn't we?' And it is Sunday at triple time, out of AIDS money that
has been raised, triple time. They had to go down there and clean it
while 600 of the 2,000 of the partyers were recovering in our Rayburn
courtyard.
``And that Mellon is straight across from the National Museum of
American History, on our No. 1 boulevard, Constitution. I paced it off,
106 paces to the north wall of the American History Museum, and guess
what is on the
[[Page 2815]]
other side of that wall? Old Glory, the Star Spangled Banner, the
original that Francis Scott Key wrote. It is 30 by 34 feet. It is on the
wall facing the Mellon. And what did he write in the Star Spangled
Banner? `In God we trust.' There are the words up there: `In God we
trust.' It is Constitution Avenue; as my colleagues know, along with
Philadelphia, Pennsylvania Avenue, it is the No. 1 boulevard for this
country.
``Put the rest in the Record here.
``Continues the description of that whole wild night. Sad.
``And Mr. Graham told me they are going to do ti again next April in
one of our Federal buildings. Think Tailhook. The careers of four-star
admirals, one of them with 400 combat missions in the most dangerous air
environment in the history of mankind, had his career ended.
``No sink back for you, war hero, and you weren't even at the event.
``Well, we do not think you were tough enough on it, and that is 5
years ago, when we are still destroying the careers of people who put
their lives on the line to die for freedom of speech. But nobody pays
attention to this majestic auditorium down there.
``Eyewitnesses. Boy, Mr. Speaker, I have got a great close here about
Abraham, Moses, a couple of lines from, as I said, the Ten Commandments.
It will all be in the Record tomorrow. I hope some of my colleagues
assign a staffer to read it if they are too busy to. It lays out the
whole case with other eyewitnesses, and then it comes to Steve's words,
that this was the love of God personified. Wow. That is not my American
tradition, to paraphrase him, or my American family. It sure as hell and
heaven is not my Judeo-Christian ethic or code of ethics. This does not
represent the God of Abraham or Moses up there in the central place of
honor, full-faced, marbled, looking right at me right now.
``He is looking at you too, Mr. Speaker. This does not represent the
God of love, certainly not the Father of Jesus or love in any faith I
have ever heard of. This is pagan in every sense of that word. This is a
bad rerun of worshipping Mailik and Baal.
``Mr. Speaker, the tension between me and three of our colleagues
here, I guess, is a reflection of the national debate on our moral
spiritual decline. It is a debate that seems to have been, temporarily,
I pray, stifled, it not snuffed out, in the great Democratic Party, very
much alive in my Republican party. Some people rub their hands waiting
for a big fight in San Diego, but there can be no compromise in this
struggle.
``Members in this institution, a lot of them, on all the moral issues,
even partial-birth infanticide to go away; there are some even more laid
back, if not cowardly, who say, so what? That is a Carvillean quote, I
guess, `So what?' And I pity the children in the love department with
people who say, `So what?'
``Unfortunately, a struggle over the virtue, the future of our Nation
as a land of godly people, can only subside when one side wins and the
other loses, and history tells us that the battle will wax and wane
until the Second Coming.
``I know what I am doing by getting out of here, I know the danger it
holds for me and my large family. I will finish in an hour special order
next week. Enjoy your Fourth of July, and I welcome anybody to come over
and debate me and see if we can slow down the death of 360,000 and
counting.
``Mr. Speaker, I rise to a question of personal privilege.
``Mr. Speaker, I rise to claim my privilege under House Rule IX,
section 1, to address the House in reply to the scurrilous attacks on my
honor, my truthfulness, and my motives by the retiring Member, Mr.
Gunderson. His verbal attacks on me last May 14, from this very lectern,
have worked their way throughout the national media. He compounded his
insults by telling a stringer for the Washington Post, according to her
puff piece on him, printed on Sunday, June 2, that I am quote, `full of
prejudice and hatred.' That's so far over the line, Mr. Speaker, that it
necessitates a 40-cannon broadside in response.
``Mr. Speaker, it's worth noting, that in more than 16 years of
service together, Mr. Gunderson and I have never exchanged cross words
off this floor, nor have we ever been impolite, discourteous, or uncivil
toward each other--not once. Mr. Gunderson will confirm this. Just ask
him. In fact, ask anyone around here and, if they're honest, they will
tell you that I am one of the most cheerful, optimistic, enthusiastic,
upbeat, irrepressible, good natured, and affable Members with whom they
serve. And loyal. Yes, for certain, I'm passionate at times, and, yes,
unrelenting in my deep concern about the deterioration of our culture.
And that concern is sometimes dismissed in a negative way by a few
adversaries around here, and often spun negatively by doctrinaire
liberals in the media who care little about objective truth or the real
intent of a heart that even some detractors have called a braveheart. As
I've pointed out occasionally to supportive friends, my passion is only
seen as unusual, even in this historic debate chamber that's weathered a
civil war, because today so many Members of Congress lack passion about
anything, in spite of that violent world out there. Also because there
are so many here, who, while aspiring to be nobles, have no heart, let
alone a brave one, and turn a deaf ear to William Butler Yeats' warning
that `everywhere the ceremony of innocence is drowned'.
``First, a brief prologue. The trigger for Mr. Gunderson's point of
personal privilege was my `Dear Colleague' letter, circulating a factual
report on a so-called `homosexual circuit party' of more than 2,000
bumping and grinding partyers misusing the largest Federal auditorium in
our capital on April 13 to celebrate licentious and lewd behavior, at
the mockingly named `Cherry Jubilee'.
``Mr. Speaker, after a fair evaluation of all available facts, I can
unequivocally state that the report issued by journalist Marc Morano is
true and accurate. Let me repeat that. Contrary to Mr. Gunderson's
absurd, second-hand defense of the 9 hour display of hedonism at the
majestic Andrew W. Mellon Auditorium, the eye-witness, multi-
corroborated account of reporter Marc Morano is unassailable. And to
insure that there are no misunderstandings about the substance and
accuracy of Mr. Morano's report, I am going to read that vivid account
for you now.
An all night homosexual `circuit' party called `Cherry
Jubilee' Main Event took place in Washington, D.C. on April
13,1996. The dance party featured public nudity, illicit
sexual activity and evidence of illegal drug use. The
sponsors of the homosexual festivities included a GOP
congressman and a host of corporations. A federal building,
the Andrew W. Mellon Auditorium, played host * * * and was
the backdrop for the illegal activity. The sponsors included
* * * American Airlines, Snapple, Miller Lite Beer, Starbucks
Coffee, and Ben & Jerry's Ice Cream. `The Main Event' was
followed by a `Capitol Hill Recovery Brunch' in the Rayburn
House Office Building. Representative Gunderson secured the
Rayburn building for the `recovery brunch.'
The Mellon Auditorium is a taxpayer owned and federally
operated building complete with classical ornate Doric
columns directly across the street from the Museum of
American History on Constitution Avenue. `The Main Event' was
being described by the City Paper as a `New York style
homosexual circuit party * * * usually drug infested.'
Main Event tickets were very hard to come by. The event
sold out, which left a scramble for ticket scalpers outside
the entrance. Two thousand men attended, most between the
ages of 25-35 years old. Many of the men who attended were of
obvious affluence. Limousines and even a Rolls Royce lined
Constitution Avenue as the party goers arrived.
The clothing was trendy with skin tight black jeans and
tanktops. The bartenders wore bright neon underwear and
nothing else. Many of the men arrived with leather and rubber
pants and neon rubber loin cloth underwear only. Most of the
shirts came off as the men headed for the dance floor.
Body piercing was ubiquitous with piercing in nipples,
navels and ears. Chains and dog collars were also prevalent.
Cross dressing was common sight, as a heavy presence of
transvestites and other `transgendered' men attended. Men
with wigs and dresses in heavy make up strolled through the
auditorium. Several pairs of lesbians attended as well,
parading in very skimpy clothing.
Most attendees greeted each other with open mouth kisses.
No fights or altercations * * * the men were generally very
neat, with meticulous hair and clothing. There were few if
any men who could be described as overweight.
As the constant thump, thump, thump of the techno music
heated the crowd, the dancing became increasingly lewd and
suggestive. As the night wore on, the dancers began simulated
sexual gyrations. The dance floor became a torrent of intense
groping and stroking. Some couples dancing on table tops,
mimicking anal sex through their clothing while others
pantomimed oral sex. At one point while dancing on a table
top,
[[Page 2816]]
one of the lesbians lifted her bra and exposed her breasts.
Meanwhile, several inflated condoms were batted about like
volleyballs.
At about 4 am, two men proceeded to engage in illicit
sexual behavior in the main auditorium. One man lowered his
head (onto the crotch of another man and began to perform
oral sex). This act occurred just off the dance in full view
of the crowd. No one seemed to be fazed by it one bit.
The restroom stalls at the Mellon Auditorium were
constantly being occupied by two men at a time. (Gropes and
groans) could be heard emanating from the stalls with double
occupancy. Stall doors would open and two men would
nonchalantly exit.
Every conceivable isolated spot became a dilemma for
security. Security officers had to diligently watch the
outside courtyard stairwell in the smoking area. The steps
led down to a dark basement alley way on the side of the
building where many of the men were congregating. The
progression of couples heading into the darkness, eventually
forced security to intervene. Orange cones were placed to
close the area off, as a security officer was assigned to
stand watch. Public urination was common as the men relieved
themselves outside and even in front of the stately building
facing Constitution Avenue. * * *
Despite signs posted everywhere stating, `Use or possession
of illegal substances strictly forbidden,' evidence of
illegal drug use was present. Snorting could be heard
throughout the evening in the restroom stalls. A one point a
straw fell on to the bathroom floor from inside a stall.
There was also clandestine exchanges of money and substances
in dark corners of the dance floor throughout the night.
Despite the flaunting of public nudity, illicit sexual
activity, and illegal drug use at both these homosexual
events, (April 1993 and April 1996) law enforcement never
intervened. Contrast this with the controversy that
inevitably follows when someone attempts to celebrate
Christmas with a nativity scene in a public building or park
(or the Tailhook scandal which took place in a private Hilton
Hotel).
* * * The April 1996 Cherry Jubilee weekend proves that the
homosexual agenda is advancing in Washington. The use of two
federal buildings during the Cherry Jubilee weekend in
Washington, D.C. reveals how the homosexual lobby has been in
`mainstreaming' their agenda. Voters, consumers and
stockholders should hold the government and corporations such
as American Airlines accountable when they underwrite events
like Cherry Jubilee. The voters need to ask which side of the
`culture war' the Republican Party is on and what real change
the so-called `GOP Revolution' has wrought. The GOP
leadership on Capitol Hill needs to explain how an event
which featured illicit sexual activity, public nudity and
evidence illegal drug use was allowed to occur in a federal
building on the 253rd anniversary of Thomas Jefferson's
birthday.
``Now, ironically, Mr. Speaker, this disgraceful misuse of taxpayer-
owned property might never had happened if I had come to this well and
alerted Congress to a growing phenomenon of misuse of Federal facilities
to advance homosexuality, and exposed a prior outrage at the majestic
Andrew W. Mellon Auditorium back on April 25, 1993, when an all day,
sadism freak show defiled the auditorium and our Capitol City. I also
should have alerted Congress to a June 1995 abuse of the impressive
headquarters building of the Department of Interior. I was diverted from
reporting on this latter outrage by the pace of House voting, the
Presidential race, and my chairmanship of two very active subcommittees.
``Last year, throughout the month of June, in the impressive lobby of
the Interior Department, there was an in-your-face display glorifying
homosexuality. A large, lavender painted, free-standing billboard
praised, with large photographs, four homosexuals high in our Government
and held them up as role models. One, a female is no longer in
Washington having left to lose an election in San Francisco. Another is
still an Assistant Secretary at the Patent Office. And the other two are
male homosexuals serving here in Congress. Unfortunately, the short bios
under the Congressmen's photos were lies. The bios deceptively stated
that both Congressmen courageously came out of privacy and voluntarily,
with great pride, revealed their homosexuality here on the floor of
Congress. Of course, the truth is quite different, Mr. Speaker. One of
them was censured by this House for his statutory rape of a 16-year-old
boy, one of our pages, and Secretary of the Interior Bruce Babbitt knows
that; and the other Member was severely reprimanded by the House for
conduct unbecoming a Congressman because of his involvement with a male
prostitute-pimp who is running a full service procurement operation out
of the Member's D.C. apartment, that and much more. The eccentric Bruce
Babbitt authorized the homosexual propaganda display knowing that
neither Member of Congress came out of secrecy freely, but were brought
out of privacy by crimes. This outrage at the Interior Department
building went unchallenged here in Congress, and therefore went unknown
to American taxpayers. If I had protested those prior abuses of
taxpayer-owned facilities, just maybe, 10 months later, a similar
outrage wouldn't have taken place on Constitution Avenue, again at the
beautifully gilded Mellon Auditorium.
``Better late than never.
``So Mr. Speaker, I now step out into the mine fields of evil
political correctness, alone, but I hope and pray, not alone for long.
Come Holy Spirit. On May 2, last month, here in our awe-inspiring
Rotunda, America's secular cathedral nave, this 104th Congress, at a
very, very moving ceremony, awarded our Congressional Gold Medal to the
Rev. Billy Graham and to Ruth Graham his devoted and wonderful wife of
53 years. During the inspiring ceremony, while addressing Vice President
Gore and his wife Tipper, Speaker Newt Gingrich , former Senate Leader
Bob Dole and his wife Elizabeth, and all of our congressional leaders
including Mr. Armey, Mr. Gephardt, Mr. DeLay, Mr. Bonior, Senators Lott
and Daschle and all of the other Senate leaders, and dozens of Members
of both Houses, Rev. Billy Graham stated with great emotion, `We are a
nation on the brink of self-destruction.' I repeat Dr. Graham: America
is `a nation on the brink of self-destruction.' A national poll last
month stated that 76 percent of our fellow Americans believe that our
country is `in spiritual and moral decline.' This Member of Congress
agrees. I am one of the 76 percent.
``I love my country and I'm sick at heart at its lack of direction in
moral matters, in state and civic affairs involving character. For
example, I beg my colleagues to read carefully this cover article in the
June 17 edition of Weekly Standard. It's titled `Pedophilia Chic.' The
norming of foul perversion. It seems that no longer is there any conduct
considered a flat out evil. In our liberal popular culture, hardly any
cultural taboos remain. The words `objective disorder' fall on deaf ears
at the networks and at the New York Times.
``On May 14, 12 days after Rev. Billy Graham's warning, Mr. Gunderson
repeatedly called me a liar--using other words--and impugned my
character with the use of words such as `smear,' `lies' and `biased
conduct' and `an intentional effort to personally destroy.'
Specifically, Mr. Gunderson claimed that `the gentleman from California
has no right to misrepresent the facts, in this, his latest attempt to
smear the homosexual community.' Unquote. Of course, he used the
adjective `gay' as a noun in place of the neutral non propaganda non
`homosexual.' Seven times he used the phrase `misrepresent the facts'.
``Mr. Gunderson's words or variations thereof were repeated in many
news stories throughout America including the Washington Times, the
Washington Post, Congress Daily, and the Associated Press which moved
his slanders from sea to shining sea. In my home county newspaper, the
Orange County Register, a reporter embellished on the slander,
`Gunderson * * * called the Dornan effort a character assassination' and
the Register reporter repeated Mr. Gunderson's absurd and obnoxious
charge that I am out to, quote, `smear the homosexual community.'
``Mr. Speaker, this is all so low-life, this attack on my honor, that
I am entitled to discuss the reliability of how Mr. Gunderson deals with
the truth and with facts and how he reports events and how I deal with
facts and my reputation for dealing with the truth. Mr. Gunderson said
here that I, quote, `sought to question [his] integrity.' Well, I did
not on the House Floor. But now, let the facts speak for themselves.
``Let's start with Mr. Gunderson's reporting skills. He reports that
nothing illegal took place at a frenetic party he did not even attend.
By comparison, let's analyze his anonymous report to the Washington Post
of a meeting of seven Republicans that he did attend. The relevancy to
my point of privilege will be self-evident, Mr. Speaker.
``Let me defend our Speaker, my friend Mr. Gingrich from a viciously
exaggerated, self-serving tale that the front page.
[[Page 2817]]
``Here is the January 18, 1996, edition of the Washington Post. Look
at this front page story. Preferred position--first story, upper left,
two columns, lead title `Inside the Revolution,' I quote the largest
headline, `Stung and Beset, Speaker Breaks Down and Weeps,' by Michael
Weisskopf and David Maraniss. Maraniss is the author of the incendiary
book `Inside the White House'.
``This supposed news story, that purportedly was about the dropping of
wildly obscure ethics charges against the Speaker, I soon learned was
exaggerated to the point of grotesque untruth. Quote, `An old
congressional ally who had stopped by the office to talk about farm
issues rose from his chair and hugged them both (the Speaker and his
wife). Gingrich could no longer hold back his emotions. He began sobbing
uncontrollably,' the Post reports.
``Now, whom do you think that old congressional ally was, Mr. Speaker?
That so-called `ally' who went to the Washington Post and grossly
distorted private emotion in the Speaker's office was none other than
Steve Gunderson. The truth was twisted, much to Speaker Gingrich's
detriment, and the distortion did damage to the Speaker's reputation,
his manliness, and raised the question of his emotional stability.
That's some ally, Mr. Speaker. And it wasn't even true.
``Obviously, `sobbing uncontrollably' is not the John Wayne image a
leader hopes to maintain in order to lead 435 men and women of very
strong wills, many with very single minded dispositions.
``A supposed ally ratting out a leader, as a blubbering softie, would
by itself be disloyal in the extreme, but when it's not even true that
is indicative of an ally who is `integrity challenged.' Mr. Gunderson's
problem, as a volunteer informant for a liberal newspaper, was that
there were other eyewitnesses in the Speaker's office during the non-
sobbing, such as Representative and soon-to-be Kansas Senator, Pat
Roberts, and my hard charging colleague from California, Richard Pombo.
``Both Congressmen told me directly that yes, that day there were some
tears of justifiable frustration. `Weeping?' No way. `Sobbing
uncontrollably?' Absolutely not. Mr. Robert's final statement to me just
a few day ago: `There was no uncontrollable sobbing'.
``So much for Mr. Gunderson's reporting skills, and of course, his
loyalty.
``Mr. Gunderson whines that straight Members, such as I, unfairly use,
quote, `stereotypes,' unquote, when analyzing homosexual conduct. Well,
Mr. Speaker, just what would be considered typical versus stereotypical
conduct? How about getting fired from your very first Federal job for an
office morale-destroying, homosexual tryst with the chief of staff? How
about a 1991 news report of a drink-throwing squabble at an inside-the-
beltway homosexual hangout, which was about to be closed because of the
pornographic pictures on its walls? How about a more recent drink
throwing rerun at an S/M bar, that's a sadism bar, on December 17, 1995?
That's last December, just 6 months ago. Again the barroom altercation
created sleazy newspaper stories involving a U.S. Congressman. Is that
considered classy conduct? Does it diminish the integrity of our
Congress as a whole? You bet it does. What would happen to an officer in
the U.S. military involved in similar bar squabbles? Is this
stereotypical behavior or just typical?
``And don't you just loathe the `typical' double entendre names of
some of these homosexual watering holes? `The Green Latrine.' What's
that mean? Come and get it, all systems are green and go! `The
Badlands'--do they really know in their hearts that trolling bars is
`bad' for them? How about the bars with hot tubs and private two-man
cubicles in upper rooms and side chambers--the same types of bathhouses
I helped to close with near unanimous legislation on this floor back in
1985--those non-Glory Holes had particularly offensive names such as:
`The Mineshaft,' `The Anvil,' and worse. Are those bathhouse dives
typical or stereotypical?
``Mr. Speaker, since Mr. Gunderson said I questioned his integrity,
let us thoroughly analyze this word `integrity.' In the May 13, 1996,
edition of one of our military newspapers, the following powerful
thoughts were expressed by a four star leader in an article on
`integrity.' His article also covered `honesty' and `professionalism'.
``I want to quote a few germane paragraphs for this reason: the so-
called Tailhook Scandal, still bedeviling and ripping our great U.S.
Navy, is 5 years old, 5 years old, and it is still destroying careers.
Imagine for a moment, Mr. Speaker, if the out-of-control homosexual romp
that we judge today had happened on any U.S. military base or post
anywhere throughout the world. What would the repercussions had been?
Batten down the hatches. That thought gives new, sickening meaning to
the words `double standard.' But, first, those powerful words from a
real leader, a four-star, combat-tested Chief of Staff. Apply his
challenging thoughts to U.S. Congressmen and Senators.
``The majority of our members understand well that integrity is
essential in [military] an organization where we count on fellow members
and that honesty is the glue that binds the members into a cohesive
team.
``And they easily take responsibility for their actions and exhibit
the courage to do the right thing.
``Yes, most [Air Force] professionals place service before self and
willingly subordinate personal interests for the good of their unit,
[the Air Force] and the Nation and, if called upon, are willing to risk
their lives in defense of the United States.
``Furthermore, professionals in our service strive to excel in all
that they do, always understanding that our responsibility for America's
security carries with it the moral imperative to seek excellence in all
our [military] activities.
``* * * Because of what we do, our standards must be higher than those
that prevail in society at large. (Shouldn't this mean Congress, Mr.
Speaker?) The American people expect this of us, and rightly so. In the
end, our behavior must merit their trust, respect and support.
``[Air Force] leaders [commanders] and supervisors must ensure that
their colleagues [troops] understand the requirements of our [military]
profession--and measure up to them. * * *
``* * * when an individual exhibits professional negligence,
misbehavior (or disobedience), this is not a mistake! That is a crime,
and crimes are matters of serious concern for superiors.
``In short, if a service member willfully ignores standards, falsifies
reports, engages in inappropriate off-duty behavior, then we must
immediately take appropriate disciplinary action--certainly that would
include hitting on teenage pages?
``* * * as a force, we must insist on disciplined and principled
behavior.
``When an individual fails to meet the higher standards expected of
[military] professionals, then we must hold him or her accountable and
document the offense in their records * * *. And revisit it if provoked
again.
``Ours is not a `have it your way' kind of service. Members cannot be
allowed to pick and choose which aspects of our [Air Force] standards,
[Air Force] instructions, Defense Department directives or the Uniform
Code of Military Justice laws they will comply with.
``That would undermine the good order and discipline that is so
crucial to any outfit. If you are unwilling--to comply with our [Air
Force] standards; to embrace the values of our profession; to meet the
unique requirements of [military] service; or to accept the resulting
limits on individual behavior--then get out!
``Our responsibility for safeguarding America is far too important and
too critical to allow it to be jeopardized by those unwilling to measure
up.
``Mr. Speaker, I will revisit in my closing words three of those
powerful sentences and identify the flag officer who delivered them. Mr.
Speaker, no one believes that any Member of Congress is risking his or
her life by serving in the Senate or the House, so how dare we live by a
lower, a much lower, standard of ethics and professionalism than we
demand of our younger military men and women who serve under our
jurisdiction, and who do risk their very lives. A slim majority of
Members of Congress allow thousands of troopers of our 1st Armored
Division to be sent by Clinton into harm's way in Bosnia, and yet our
Congress ignores garbage like this `Cherry romp' of hedonism
[[Page 2818]]
right here down on Constitution Avenue. Our toleration of low standards
here in Congress is at the core of my challenge today. Our Federal
buildings must never, never be used to facilitate and glorify
immorality. We in Congress are culpable, for any immortality taking
place on public property in Washington, if we fail as custodians of
these beautiful citizen owned buildings. And what dangerous path are we
following if we dismiss the consequences of glorifying homosexuality
here in Washington, D.C., our capital.
``My colleagues need only reflect on the lives of those Members of
Congress, past and present, who found, or still find, homosexuality
alluring, if not addictive. Three of our Members have died of AIDS.
Another barely escaped expulsion while suffering the dishonor of a
severe House censure for seducing a minor, i.e., the statutory rape of
that teenage page sent here by his parents in our care. And, by the way,
that young page was seduced on a codel to Spain. How was that outrage
put together? I've never heard of a page traveling with a domestic
congressional delegation let alone with an overseas congressional
delegation.
``Another Member was dishonored with a severe House reprimand for
sponsoring and using a pimp and is pitied by those who have a West Point
sense of honor. Both Members should have been expelled so as to maintain
the world's respect for our U.S. Congress, not to mention the Nation's
respect. Two other Members saw their careers ended by election defeats
after they were discovered trolling for teenagers at so-called hot
action bars, one of them a father of three teenagers. Even if they had
only hit on 18, 19, or even 20-year-olds, that is still ephebephilia.
Look the word up, Mr. Speaker, Ephebephilia, like pedophilia, is a
mortal sin of seduction, a transgression against teenage youths 18 and
19 years old. Study the decay of classical Greek culture. Then there are
four Members who stay in privacy but can never aspire to run for higher
office because the political leaders in their States know their secret.
``And then there was the Hill staffer who was fired from his very
first Federal job in 1979 for a homosexual affair with an administrative
assistant, his AA, bringing about the expected and usual collapse of
office morale due to favoritism. Their liaison even included a mock
honeymoon to Jamaica. This staffer returned a year and a half later as
an elected Congressman and had a 16-year run until his double life
became known. Now, although 15 years from retirement age, he can't run
for reelection, although he yearns to do so an would have ended up as
chairman of a major House committee.
``This list does not include several Members who are deep in privacy,
probably a credit to their good judgment. One of our Members from New
England claims they're all Republicans. He's quite a bloodhound, this
Member. And he periodically threatens to expose--out he calls it--these
4 or 5 Members--actually he claims 12 or more, if they don't vote the
way he insists on certain security risk issues. He also threatens to out
them if Chairman Dornan dares to hold hearings on whether people are a
security risk if they conceal scandalous personal secrets such as
alcoholism, financial chicanery, adultery, or bisexuality. Isn't that a
form of not-so-subtle blackmail, Mr. Speaker?
``Yes, my colleagues, homosexuality is sad, not happy or gay, even
when someone's career has brought them to these hollow Chambers.
``And why do we fear discussing, here in Congress, what spreads the
AIDS virus? How many will have died by mid-year 1996? Dr. C. Everett
Koop advises us to include AIDS death statistics about 20,000
individuals who succumbed to AIDS in the early eighties and whose
physicians, attempting to understandingly avoid family embarrassment,
reported those deaths as a result of final condition such as cancer or
pneumonia, rather than report them as AIDS-related deaths. If we tally
those 20,000 in the aggregate total, then in just a few days, by June
30, 1996, 360,000 Americans, including more than 4,000 defenseless
children, will have died a horrible death brought about by an infectious
fatal venereal disease known by the bland sounding acronym, AIDS. Mr.
Speaker, World War II total combat deaths, total killed in action, were
292,131; U.S. AIDS deaths toll 360,000 and counting. U.S. Civil War
combat deaths, both sides, North and South because all combatants were
Americans, our War Between the States killed in action, 214,938; U.S.
AIDS 360,000 and counting.
``And all seven of our other wars from the Revolutionary War, the War
of 1812, war with Mexico, with Spain, World War I, Korea through
Vietnam, total killed in action, 143,346; U.S. AIDS, 360,000 dead and
counting. And the death toll is far worse in Asia and Africa--world-wide
over 5 million dead, and counting. And this unparalleled killer has been
driven, in the United States, in the main, by homosexual behavior.
Except for those 4,000 defenseless children and the innocent victim
recipients of infected tissue or infected blood products, such as
hemophiliacs, it's conduct driven. And, except for, sadly, the innocent
victims of lying philanderers, who callously infected their unknowing
partners in the name of love. It's conduct driven.
``Mr. Speaker, how can I, a God-fearing American, a very lucky husband
of 41 years, a father of 5 stalwart, God-loving adult children, a
grandfather of 10--No. 11 is in the hangar--and a very hard-working
double House chairman who is trying his best to slow the AIDS death
toll, how could I possibly smear homosexual activists, as Mr. Gunderson
accuses, given what they've done and continue to do to themselves?
``In that June 2 Washington Post Magazine story, Mr. Gunderson
asserts, `[Dornan] is full of prejudice and hatred.' That one quote
alone would justify my point of personal privilege. And in another Post
attribution, apparently in the same breath, Mr. Gunderson muses, and I
quote, `Is [Dornan] dangerous? Sure. Because he can use passion to
intimidate and to roll over those who are unwilling or unable to stand
up to him.' Pathetic, Mr. Speaker. I pray for Steve Gunderson , and all
others who like my colleague, live on the edge, but I must fight back.
Mr. Gunderson's scurrilous charges have as there intent the destruction
of my reputation by branding my work in Congress as driven by the twin
evils of hatred and bigotry. Well, it won't work, because it's not in my
nature to allow lies to go unanswered. I went through jet pilot training
when Mr. Gunderson was 2 years old. I marched with Dr. Martin Luther
King when Mr. Gunderson was 12, and the next year, 1964, I put my life
on the line against bigotry. Mr. Speaker, in the 1800's, when immoral
dueling was commonplace, Mr. Gunderson would never have assaulted my
honor with such vile language. It's beyond butch, to coin a phrase.
``Mr. Speaker, the impact of casual sex propaganda and the
mainstreaming and in rare cases even the romanticizing of AIDS have had
a deadly effected upon our young, lately upon our very young, and that's
why I circulated the facts about the so-called circuit party weekend of
April 12, 13, and 14.
``As a point of fact, Mr. Speaker, the use of the word `cherry' has
nothing to do with our beautiful and famous blossoms, but rather it's
used for its sexual connotation as shown in these soft-core pornographic
ads for the 34 events. And take notice, in shock I hope, of the large
commercial, public shareholder corporations contributing to this sexual
license and gross irresponsibility--American Airlines, Starbucks Coffee,
Snapple, Miller Lite Beer, and Ben & Jerry's Ice Cream. I pray to God,
literally, that these corporate giants innocently followed the lead of
the Whitman-Walker Clinic, which, if it continues its propaganda and
irresponsibility, should be denied their steady diet of our tax dollars.
``Also, the use of the religious word `jubilee' is blatant sacrilege.
A jubilee is a 50-year celebration of forgiveness in the Hebrew faith,
and a `jubilee' is a 25-year celebration of joyful prayer in my Catholic
faith, that same Catholicism that is the No. 1 target of Act Up, the
homosexual gestapo. No act of hatred or desecration is beyond the pale
for Act Up, including blasphemy and desecration of the Holy Eucharist,
inside churches.
``It is also my intent to reassert the truth regarding the April 13
Saturday dance, and, Mr. Speaker, we're not talking ballroom dancing
here, so that the real facts will not remain in question by anyone
misled by Mr. Gunderson about what really went on.
``Of course, this was not the first time this historic Federal
building has been desecrated during Clinton's tenure, as Mr. Gunderson
briefly conceded
[[Page 2819]]
in his attack. When he referred to April 25, 1993, he twice used the
letters `S and M,' without explaining what the letters stand for. What
Mr. Gunderson referred to was a sadism and masochism all-day freak show
inside the stately Mellon. Someone, maybe some Clinton toady, had
authorized an all day leatherman, S and M open house, with multiple
displays of perversion including hard core pornography slide shows
promoting unsafe sodomy, maximum unsafe sodomy. Most of this bizarre
deviancy is quite foreign to average Americans. And all of that 1993 S
and M madness was on a day when the Tailhook scandal tribulations were
expanding.
``During his May 14 attack, Mr. Gunderson associates me with two
honorable journalists, one of them a courageous African-American writer,
the other an excellent investigative reporter. Then he attacks both of
them as motivated by `hate and prejudice' and by the journalism of
`bigotry and prejudice.' In his attack, Mr. Gunderson invited the two
writers and me `to come visit the victims of this (AIDS) disease'--we've
done that--so that we might, quote, `learn that these are not some
faceless pretty corpses,' but rather sons, brothers, uncles, lovers, and
friends * * * and in increasing numbers also mothers, sisters, and
daughters.' Strangely, he left out dads, aunts, and, in the cases of two
of the Congressmen dead from AIDS, their prior roles as husbands and
fathers.
``It should comfort Mr. Gunderson to know, if truth is his real goal,
that this Member from California has forgotten more about the worldwide
medical impact of AIDS than the Member [Mr. Gunderson] has ever known.
And I might add, my colleagues say, I forget little, if anything.
According to the June 2 Post article, Mr. Gunderson has had four of his
six closest friends waste away and die from AIDS and another is HIV
positive. That's heartbreaking, but obviously he has kept these
tragedies within his inner circle and has never once publicly warned
anybody, young or adult, that the wages of promiscuity is death. He
certainly never warned anyone from this lectern. Does he defend the
Magic Johnson rationale that `I'm simply an innocent victim, and we're
all in this together, it's everybody's disease' or rather champion the
honorable approach of heavyweight prizefighter Tommy Morrison, who
stated through tears, `It's my fault. My conduct. My immoral behavior.
If I can save one young person from doing what I did and stop them from
becoming infected with this chilling disease, then my suffering will not
be in vain.
``Where was Mr. Gunderson or any other Member in 1986 when I pleaded
with colleagues to come to Paris with me to visit the Louis Pasteur
Clinic to investigate the exploding AIDS pandemic? Where were they when
I went to Geneva that year with my wife Sallie to learn all that we
could about this health nightmare by asking for extensive briefings at
the World Health Organization? How about visits to the Centers for
Disease Control in Atlanta? How many times has any Member, to gain AIDS
knowledge, visited the National Institutes of Health, just a short 20-
minute drive north from Capitol Hill to Bethesda, MD. I have made these
informative trips several times over the last decade, another to NIH
just last month.
``What did Mr. Gunderson do with his unjustified, Jim Wright-
initiated, 2 years worth of congressional pay raise back in 1989 and
1990? Which would now be illegal, by the way, since we passed James
Madison's 27th Amendment. Well, my 2 years of those raises went to AIDS
hospices.
``Mr. Speaker, I don't know what Mr. Gunderson does in his free time
to educate himself about the worldwide spread of AIDS, but I have been
carefully tracking this health nightmare for 13 years. Just last month I
visited the Armed Forces Medical Intelligence Center at Fort Detrick
where I received a startling and tragic update about the exponential
spread of AIDS worldwide.
``In just 3 1/2 years from now, 60 million people will be HIV infected
and 12 million will be suffering with full-blown AIDS; sadly most of
them will die with little or no medical care. And dead? No one knows for
certain how many millions by 2000 A.D. I also learned the following
stunning, shocking medical fact: the military forces of Zimbabwe are 75
percent infected. That means three out of every four soldiers, three out
of every four officers--will die of AIDS. Because of this, Zimbabwe's
forces are rejected permanently by the United Nations for any future
peacekeeping assignments, with at least six more nations to be
stigmatized any day now on a no-go list as, quote, `unacceptable for
peacekeeping duty.' Zimbabwe brought the specter of AIDS infection and
death to Somalia. How sad, death in the name of peace, make love not
war. That means more pressure on our American, infection-free forces, to
travel worldwide on peacekeeping missions. Isn't that obvious, Mr.
Speaker? And its a powerful reason to keep our military 100 percent HIV/
AIDS infection free, right, Mr. Speaker? A 100 percent no-AIDS infected
military is my proper goal as the chairman of Military Personnel, and I
take a lot of bovine scatology from the homosexual lobby for my
perfectly logical and fair legislation.
``Just 3 weeks ago, I met once again with Dr. Toni Fauci, our hard-
working Immunology and Infectious Diseases Institute chief and one of
our very best researchers at NIH, to discuss a new, advanced HIV
treatment involving IL2, Interluken 2. It looks promising, Mr. Speaker,
just like proteus inhibitors, but it means more gut wrenching, extremely
tedious research with infected volunteers, who incidentally told me they
felt lucky to be in this expensive, but promising, life-extending
government research program. It won't be a cure however, but life
extending only. It's tragic how the networks constantly keep using the
word cure. Dr. Fauci says this is cruel and builds false hope. We pray
for a vaccine breakthrough, but a cure for someone once they're
infected--never. The micro-microscopic HIV stays inside the helper T-
cells until death.
``Where was Mr. Gunderson or any other Member of the 99th Congress
back in 1985 when I gave the first of almost 200 of my floor speeches
warning about the conduct that had contaminated our blood supply and was
beginning to spread the AIDS epidemic that year at a ferocious rate?
``Has Mr. Gunderson ever publicly discussed anywhere, unsanitary,
promiscuous behavior, or ever debated using infected needles and the
cross-contaminating of both cohorts? Where have these homosexual
activists been over the last 15 years? Other than telling us we're all
culpable, and all at risk, it's been business as usual. And there was no
behavior modification to speak of until the killing virus went pandemic.
Even then, many homosexual activists pushed, and still push, public
relations mumbo-jumbo instead of tried and true solid public health
policy. Thank God, that in the final care stage, and during the prior
`stage three' phrase, there are now thousands of homosexuals who are
working tirelessly and heroically to comfort and, yes, love, the ill,
with a pure philos love, a Christian love. God bless them.
``Mr. Speaker, you can tell my colleague [Mr. Gunderson] that, like
him, I've spoken with more young men before they died from AIDS than
most who serve here. When a person grows up and lifelong roots in
Manhattan and Beverly Hills, as I did and as I do, you will see in 10
years more tragedy involving drug abuse and fast-track, casual sex, than
you'll see in the wholesome dairylands of Wisconsin in 100 years. At
least until these not-so-gay- nineties.
``Now this District of Columbia is another story. Mr. Gunderson said
that the District has the largest concentration of HIV/AIDS positive
people in the country. True. Where was his voice of warning over the
last 16 years to stem or slow that AIDS growth right here where we work?
Since 1981, his first year in Congress, coincidentally the year NIH
discovered and defined AIDS, he has offered no coherent public advise to
slow this plague. No tough love--mostly silence. No support for
heavyweight fighter Tommy Morrison's prayerful, humble plea for morality
in behavior. A call for abstinence? Hardly.
``In fact, Mr. Speaker, it's interesting to note that over the last 10
years Mr. Gunderson has spoken on this House floor about AIDS only eight
times! Unbelievable for a self-proclaimed compassionate and caring man.
If you don't count a one-sentence-passing mention of AIDS in 1989, then,
amazing as it seems, his very first speech, and a short one at that, was
his annoying
[[Page 2820]]
March 24,1994, `Christian-second-to-none' speech. That's only 2 years
ago. Bob Dornan, on the other hand, has addressed this Chamber on the
subject of AIDS just under 200 times. That's Mr. Gunderson's rate times
24. This speech today alone contains more references to AIDS, both in
quantity and quality, than Mr. Gunderson's eight short speeches over his
16 years--all run together. And I repeat, in 1985 I offered a successful
and nearly unanimous amendment in this House--1985, Mr. Speaker--11
years ago--to close disease-infested unsafe-sex-with-multiple-strangers-
bathhouses--those aforementioned `Anvils' from hell that broke and
slowly killed so many midnight cowboys in New York City and San
Francisco. Frankly, given this contrast in the attention that we've both
given to this tragic retro-virus nightmare, the widely used homosexual,
protest bumper sticker `Silence Equals Death' has special resonance. I
have never been silent because I truly believe in `tough love.'
Meaningful compassion demands positive action.
``When Mr. Gunderson attacks my belief system on what constitutes
serious sin and what constitutes the corruption of youngsters through
bad example, he also attacks my religion. The Catholic Church and Pope
John Paul II are unrelentingly slandered by the top and the middle
management of the homosexual food chain. However, thanks to God's
unrelenting love, when death is near, its back to the arms of Holy
Mother Church. Dominus vobiscum. Just what does Mr. Gunderson really
know about my love for the dying or my empathy for human suffering?
Jesus died for sinners, actually for each individual sinner. I'm a
sinner--95 percent of us commit at least small sins on a pretty regular
basis. Every on of us, every day, with every suffering person can and
should say `There but for the grace of God go I.' My motives are based
on compassion and on love for my fellow man, and a pure desire to defend
youth and children. I resent anybody out there who hides behind a facade
of `caring' just to fend off revelations exposing a narrow special
interest agenda. That's hypocrisy to the nth power.
``Just a few weeks ago in The Hill newspaper there was a brief story
about how some AIDS organization has made me their number one
legislative target for defeat this November. I wonder if these special
interest lobbyists bothered to check my voting record on AIDS research
and medical care funding. I know they did, and they found that I have a
100-percent record in support of AIDS funding for research and care. So
what could this AIDS group be thinking in targeting me? It's obvious.
Their agenda does not have fund raising for AIDS as its primary concern.
Their priorities are driven by the activist homosexual agenda. They
can't stand it when I or anyone else tells the truth about the public
policy issues surrounding homosexual activism. The AIDS lobby rates the
votes of Members on bizarre issues like acceptance of this phony spin-
off `bisexuality,' or total acceptance of homosexuality in every facet
of American life from adopting to scouting to Big Brothers, Inc., to the
sacrament of matrimony.
``Does every Member really truly, grasp the enormity of the suffering
that was involved as 360,000 Americans slowly wasted away with AIDS? I
can't fully absorb the enormity of that level of suffering. Who but a
handful among us in Congress, until my remarks today, knew that
worldwide, in just 3 years, 60 million people will be infected with the
AIDS virus? What a ghastly way to begin the third millennia! And this
calamity is behavior driven, conduct driven, no ifs, ands, or buts about
that harsh truth.
``Mr. Speaker, does any Member of this body know how much it cost to
care for an AIDS victim throughout their sickness from the first HIV
positive test until their death. In our advance country, on the low end,
it's $119,000, and that's if they survive only 3 years or less. But for
several hundred patients in special government programs, it's over
$100,000 per year to fend off the beginning of full blown AIDS! And Mr.
Gunderson's friends claim the all-night scene at the Mellon Auditorium
raised a mere $50,000, actually $45,000? That's one-half of 1 year of
care for just one government patient who is only HIV positive. Not much
to brag about when the homosexual partying cost over an admitted
$80,000! And again, according to Mr. Gunderson, $14,000 was for the
lighting alone. I wonder did that include the multicolored rainbow
lighting of those magnificent Mellon Auditorium Doric columns along
Constitution Avenue?
``By the year 2000, the AIDS plague will have cost our national
economy about $107 billion. It has already cost us over $75 billion,
about $35 billion of that in research. Since 1986, insurance claims
involving AIDS have increased more than 400 percent totaling an
estimated $9.4 billion! Children orphaned by AIDS will reach 4 million
youngsters worldwide by the year 2000--80,000 in the United States
alone. That's 4 million innocent babies, toddlers and other precious
children of tender age left without parents!
``And homosexual publications like the Blade or the Advocate question
my motives--my passionate concern. How arrogant.
``Mr. Speaker, some of us read on the front page of the May 1st Wall
Street Journal many enlightening facts. Let me read one to you:
A major study that was just being completed [in 1987] put
the average risk from a one-time heterosexual encounter with
someone not in a high-risk group at one in five million
without use of a condom, and one in 50 million for condom
users.
``That's beyond the odds of being struck by a lightning bolt. Let that
sink in--Most of us are more in danger of being hit by lightning than
being zapped by AIDS.
``I continue quoting the Wall Street Journal:
Homosexuals, needle-sharing drug users and their sex
partners, however, were in grave danger. A single act of anal
sex with an infected partner, or a single injection with an
AIDS tainted needle, carried as much as a one in 50 chance of
infection. For people facing these risks, it was fair to say
AIDS was truly a modern-day plague.
``There it is again, behavior is the driving malignant constant with
this plague.
``Mr. Speaker, let me repeat that Wall Street Journal conclusion, `For
people facing these risks, it was fair to say AIDS was truly a modern-
day plague.' For what people? For, quote, `homosexuals, needle-sharing
drug users and their sex partners.' The truth is, and honest reporters
have known this for years, AIDS simply is not, not, everyone's disease.
It is a plague. Of course it is. Is it an epidemic, an intercontinental
pandemic? Beyond question. But it simply is not everyone's disease.
``Mr. Speaker, let's apply some single logic. A thoughtful leader from
AIDS project Los Angeles told me just this week that if AIDS is
everybody's disease, it's nobody's disease! Is AIDS your disease? No.
How about all of the floor staff and clerks around us? Most, probably
not. How about all the entire membership of Congress, all 535 of us? Now
here's where we pick up a few at risk. I was told some time ago that
between the House and Senate there are HIV infections, and that was with
only about 50 or so Members ever having been tested. If we include all
of our staffers, about 30,000 on the Hill, we'd probably pick up another
handful or so who are infected. And that's mainly because government
work and big cities like the District of Columbia attract to work here a
disproportionate number of homosexuals beyond the 1 percent to 2 percent
estimates nationwide.
``Mr. Speaker, I'm sure you get my point. But what you may not realize
is that in making this point you have just stigmatized a small
percentage of our population as `high-risk for venereal disease,'
including AIDS, the only fatal sexual transmitted disease. Yes, my
friend, by accepting logical truth you too can be called a bigot, a
hater, or prejudiced. Those are the vile words which were hurled at me,
at an African-American columnist, at a hard working reporter, at my
friends at the Family Research Council, and at those who instinctively
believed Marc Morano's report about the illegal conduct at the Mellon
Auditorium.
``By the way, wouldn't it be equally scandalous to rent out this
architectural showpiece for a Hustler, Penthouse, or Playboy no-holds-
barred celebration of free-love with centerfold models in neon underwear
as bartenders * * * with or without the drug use, and with or without
the half naked gyrating, and with or without a crude name, Screw Alley,
for the arched, carriage entrance, east side courtyard?
``If I can have an animus toward the promotion of fornication and
adultery that's promoted in Hustler, why can I have an animus toward
homosexual
[[Page 2821]]
glorification? I refer you to the United States Supreme Court decision,
Romer v. Evans, May 20, 1996. It is most timely and very instructive.
``The decision didn't go the way I expected. Naturally, I stand with
Justice Scalia's brilliantly logical and hard hitting dissent. Anthony
Kennedy's six Justice to three Justice opinion represents just a part of
the raging debate that involves Dornan and Gunderson and that is not
ricocheting around our Nation * * * a nation Rev. Graham says is `on the
brink of self-destruction'.
``For example, homosexual pedophilia has cost my Catholic religion, a
faith I dearly love, over one and a half billion * * * billion * * *
dollars and counting. Those are tithing dollars, God's money, spent
trying to ease the pain and stem the outrage of the victims of clerical
homosexual pedophilia. Who is to blame? Besides the molesters themselves
to whom Jesus would take this belt to drive them from His Father's
house? Well, try the liberal rectors of Catholic seminaries who decided
years ago to reject common sense and accept homosexuals who merely
promised to be good, or promised to try to be good. And how the same
type of prideful social experimenters are constantly shopping for
liberal judges trying to force homosexual acceptance on our military
forces.
``Pro-family folks, especially those in Colorado who crafted their
amendment 2, ought not to be discouraged by what I am about to explain,
but, sadly, Colorado's amendment 2 was imprecisely written and its
inexact wording is what allowed six Justices to choose process over
substance in handing down their majority opinion.
``Amendment 2 unfortunately used modern homosexual terminology. It
stated:
No Protected Status Based on Homosexual, Lesbian, or
Bisexual Orientation. Neither the State of Colorado, through
any of its branches or departments, nor any of its agencies,
political subdivisions, municipalities or school districts,
shall enact, adopt or enforce any statute, regulation,
ordinance or policy whereby homosexual, lesbian or bisexual
orientation, conduct, practices or relationships shall
constitute or otherwise be the basis of or entitle any person
or class of persons to have or claim any minority status or
claim of discrimination. This Section of the Constitution
shall be in all respects self-executing.
``The problem with the language, Mr. Speaker, is the use of the terms
`orientation' and `class of persons.' And let me just say at this point,
Mr. Speaker, that what I am about to explain, brightly illuminated by
this current Supreme Court decision, will lend itself a resolution of
the question before us today--that is, Mr. Gunderson questioning my
motives and his attacks on my character.
``For the purposes of law, there is no such thing as homosexual
orientation. In law, it doesn't exist. In law, homosexuality is no more
and no less than a sex act. Loving friends living together for years can
be bonded by Philos love with never even a thought of Eros love. So
under the law, you can't be H-O-M-O without the S-E-X-U-A-L any more
than under law you can be hetero without the sexual. This is a crucial
distinction in the law. Why? Because laws and public policies are based
on human actions, not the penumbra of orientations, or inclinations, or
tendencies, or temptations never acted upon * * * Not what goes on in
the thought processes of the human brain. Law involves conduct * * *
behavior * * * and, yes sometimes speech such as treason, libel, or
yelling fire and in a crowded enclosure.
``There are no laws against what a man thinks, nor will there ever be
in a truly free country. In the eyes of the law, thoughts don't rape or
molest. Desires don't sexually exploit another person or spread disease.
Only human actions can do those things. All of the consequences
pertaining to the behavior of male homosexuality center on sex acts. In
James Carvellian speak, it's the conduct, stupid.
``Unfortunately, Colorado's amendment 2 carries the term `orientation'
which allowed Justice Kennedy and five other Justices to perpetuate the
myth of some kind of innate homosexual personhood. I don't have to tell
you, Mr. Speaker, how ridiculously inane that notion is. Imagine, if you
will, some of the beautiful little babies occasionally held in this
parents arms up there in our gallery. * * * Can anyone really make a
scientific case that somehow those parents are holding budding little
bisexuals or cross dressers or pedophiles just waiting for puberty to
reveal their true sexual desires. But such arguments are made regularly,
usually by homosexual scientists or homosexual doctors, and are rarely,
if ever, exposed as mostly psychobabble and pseudoscience--certainly not
by Newsweek or Time and the other liberal weekly news magazines.
``Of course, the concept of orientation within amendment 2 led to the
inclusion of the expression `class of persons.' I shouldn't have to
spend too much time explaining this notion because the Supreme Court has
pointed out clearly through precedent that homosexual behavior is not a
protected class of activity. To fairly assume protected status,
homosexuality would have to be broadly viewed as politically powerless--
which is absurd--and immutable and unchangeable--equally absurd given
that a person can go from heterosexuality to homosexuality and
everything in between all in the time-frame of just one Cherry Jubilee
Weekend, even calling himself bi- or tri-sexual, or he can us the
offensive and corrupt new term `transgenerational.' And, lastly,
homosexuality would have to be viewed as a `protected status' which
usually means economically disadvantaged--this is perhaps the most
patently absurd concept of homosexuality, certainly in the United States
or Europe.
``Including in the law the concepts of `orientation' and `class of
persons' spawned the legal death of Colorado's amendment 2. But the
argument with which I took greatest exception in the flawed Kennedy-
written majority decision, and the focus that is most relevant to this
question of privilege today, is his use of the words `animus' and
`animosity' to describe the motivation of the framers of amendment 2 and
the 53 percent of Colorado voters who voted for the amendment--and the
beliefs of an overwhelming majority of Americans.
``Animus--this is the same charge that Mr. Gunderson has leveled at me
using rougher language in his floor speech, his `Dear Colleague,' and
the long, revealing, June 2 Washington Post Magazine puff piece. To be
specific again, he said that my effort in exposing the truth about the
`Cherry Jubilee Weekend' was just my `latest attempt to smear the
homosexual community,' that I'm motivated by hatred, a nastier word for
`animus,' not by a sincere desire to protect government property from
abuse and, of course, not by a sincere conviction that all Members of
Congress prevent our Government from giving bad example to the youth of
our Nation by sending them the destructive message that promiscuous sex,
hetero-homo-bi-tri or commune sex, is normal and healthy and regularly
allowed to showcase in our public buildings. I repeat, we have learned
the hard way that the wages of that sinful message are death--360,000
deaths and counting.
``So Mr. Gunderson tells this Chamber, and the whole country through
C-SPAN, that my sole motivation is to smear. Let me read to you, Mr.
Speaker, what Justice Antonin Scalia wrote in his dissenting opinion
about this animus supposedly expressed by voters in Colorado who hold
traditional Judeo-Christian beliefs. Please apply all of the clarity of
Justice Scalia's thoughts to my situation here today.
The Court's [majority] opinion contains grim, disapproving
hints that Coloradans have been guilty of `animus' or
`animosity' toward homosexuality, a thought that has been
established as Un-American. Of course it is our moral
heritage that one should not hate any human being or class of
human beings. But I had thought that one could consider
certain conduct reprehensible--murder, for example, or
polygamy, or cruelty to animals--and could even exhibit
`animus' toward such conduct. Surely that is the only sort of
`animus' at issue here: moral disapproval of homosexual
conduct, the same sort of moral disapproval that produced
centuries-old criminal laws that we held constitutional in
Bowers [the 1986 case upholding Georgia's sodomy law and
what is still law in half of our states and in our Armed
Forces' `Uniform Code of Military Justice.'].
``Justice Scalia continues by writing in his opinion that `Coloradans
are...entitled to be hostile toward homosexual conduct' and that the
`Court's portrayal of Coloradans as a society fallen victim to
pointless, hate-filled gay bashing is so false as to be comical.'
Unquote. Comical, Scalia wrote. Mr. Speaker, he thought his opinion to
be so important that he
[[Page 2822]]
took the time to read it aloud to the U.S. Supreme Court, to read aloud
his entire dissenting opinion which was much longer than the majority
opinion.
``Mr. Speaker, please reflect on Justice Scalia's carefully chosen
words. He is saying that you and I, and all Coloradans, are entitled--he
italicized this word in his opinion--`entitled to be hostile toward
homosexual conduct...' Not hostile toward any person, but hostile toward
the conduct. Only craven, cowardly bullies hurt or bash individuals and
they should be severely punished with the full force of the law. A law
abiding citizen doesn't even physically abuse a guilty drunk driver at
an accident scene involving an injured child--and that's a tough
provocation. He makes a citizen's arrest and waits for the police.
``So let me state for the record again, Mr. Speaker, before the
million plus interested citizens watching C-SPAN, and not referring to
any individual in particular, ... It's the conduct, stupid. Mr.
Gunderson knows in his heart of hearts that if he were being physically
assaulted out on the street, Bob Dornan would be one of the very first,
if not the first, to defend and protect him even at risk of my own life.
If you doubt that, just ask Congressman Cunningham and about half dozen
of our Capital Hill police officers.
``I, like most Americans, do have animus towards homosexual conduct
...and at the ostentatious in-your-face conduct that was exhibited at
the Cherry Jubilee group grope. In his floor statement, Mr. Gunderson
attempts to portray the homosexual conduct at the stately Mellon
Auditorium as a `gift of love, not a week-end of illegal activity.' Even
the remotest touch of common sense will tell any American, Mr. Speaker,
that the 8,160 square foot Mellon Federal auditorium, which is bigger
than the 7,600 square footage of this House chamber and almost twice as
big as the 4,300 square foot Senate chamber, when filled with 2,000-plus
writhing, bumping and grinding, homosexuals, hundreds half-naked, is
anything but a `gift of love'... unless, of course, you define lust as
love--which is similar to a Member of Congress using love as an excuse
for responding to a male pimp's sex ad in the homosexual Blade
newspaper, an ad which was signed off by `Hot Bottom'... face it, that's
lust, not love.
``Just why would I have animus about a sleazy homosexual jamboree?
Fair question with a very easy answer. Again, Mr. Gunderson claimed the
Cherry Hop raised about $50,000. The truth is that it raised only
$45,000. But think about this, Mr. Speaker, if just one person after
that night of quote `copping feels'--that's the term of an anonymous
columnist reporting on the hop for the homosexual Metro Weekly newspaper
and cited in The Washington Times--...after a night of `coping feels' on
that dance floor, if just one person, after furtively sharing a little
cocaine with an all-too-friendly same-sex tripper in a latrine stall, if
only that one person after the gala, back at a motel or hotel shared the
virus that keeps on giving--the fatal AIDS virus... then... that mere
$45,000 raised is but a drop in the bucket. Why? Because it won't even
cover a fraction of the cost that one single AIDS patient will require
throughout his medical decline and death.
``God demands compassion and prayers for the infected patient and for
the dying patient. Jesus commands it... `What you do for these, the
least of mine, you do for me.' Yes, of course, love and compassion. But
focused animosity is logical when directed at the behavior of the
arrogant risk-takers, those hell-bent-for-leather to put lust before
long life and therefore overload, if not bankrupt, our health systems.
Dr. Toni Fauci told me 3 weeks ago at NIH that many homosexuals now
become HIV positive because of mere frustration, mere annoyance at
having to avoid AIDS with less risky sex. So, mentally exhausted with
safer sodomy, they succumb to high risk lust with its inevitable fate.
Mr. Gunderson says that we `must not lecture one another,' quote, `if
there is to remain any element of mutual respect.' Unquote. Well if
lecturing is out, then I simply plead with young Americans at risk: Stop
hurting one another. Stop killing one another. Stop the promiscuity.
Stop the dangerous and unhealthy conduct. And stop holding up homosexual
conduct before the youth of our country as wholesome and normal and
healthy.
``Let me turn around another Gunderson insult: He accused me of
trying, quote, `to personally destroy those with whom (I) might
disagree... we, who truly believe we are our brother's keeper,... are
not trying to destroy you risk-takers, we're trying to save your
immortal souls, and your mortal lives in the measure.
``Mr. Speaker, let's address the central allegation of Mr. Gunderson's
May 14 floor speech; that I had a large hand in intentionally
`misrepresenting the facts' and intentionally `falsifying information'
surrounding the `Cherry Jubilee Weekend.' I repeat, he actually used
those false words `misrepresenting the facts' six times.
``For the record, Mr. Speaker, these salacious advertisements at my
side are exactly what I'm talking about when I criticize the melee at
the Mellon.
``The Cherry Jubilee Weekend consisted of three inclusive events;
First, a Friday, April 12, Welcome Party held primarily for this
homosexual circuit party's out of town guests, as the promoters at
Friends Being Friends have explained. The Welcome Party was advertised
as being held in two locations, or as the promoters say, two of
Washington's popular local hangouts, the homosexual bars Trumpets and
JR's. Mr. Speaker, I have here advertisements for these bars as printed
in the city's premier homosexual newspaper The Washington Blade. Note,
Mr. Speaker, alongside the ad with this naked male model is another ad
with a male homosexual dressed in women's lingerie for the bar Trumpets.
These bars were the starting point for Mr. Gunderson's gift of love and
love thy neighbor as yourself weekend. Mr. Speaker, please think again
at this point about Tailhook and the outrageous double standard that we
tolerate, especially given the code of honor we Americans demand from
our military, and the pathetically low standard of ethics enforced here
and in the Senate. Even Packwood avoided being expelled for over a year,
then he quit amid tearful goodbyes. Bye, bye, Mr. Abortion.
``The second event of the Cherry Jubilee Weekend was the Main Event
held Saturday night and which ran until dawn Sunday morning. This was
the so-called dance at the surrealistically lighted Mellon. Mr. Speaker,
remember that the event's sponsors claim they spent $14,000 just on
lighting--not the bright lights of a debutante's ball as suggested by
Mr. Gunderson --but the hypnotic, psychedelic lighting so befitting the
hedonism that it was partially illuminating?
``The third event comprising the package weekend was the Sunday
Recovery Brunch hosted by Mr. Gunderson in our House Rayburn Courtyard.
This function was initially advertised as being held in Mr. Gunderson's,
quote, `unique Agriculture Committee Room located inside the Longworth
House Office Building.' I assume Mr. Gunderson decided a much larger
site was needed.
``The Washington Blade newspaper wrote a post-mortem of these events,
quote, `Cherry Jubilee kicked off Friday, April 12, with a Welcome
Cocktail Party at Trumpets'--that's the 17th St. bistro advertised here,
Mr. Speaker, with this cowboy dressed in women's underwear. Back to the
Blade, `This was followed by a Welcome Dance Party at Diversite, a 14th
Street club. (The Washington Magazine says it's D.C.'s `best bar for the
scene.') The Main Event, an all-night dance attended by over 2,000
people, took place at the historic Andrew W. Mellon Auditorium' (note
that even they say `historic'... and its straight across from the
National Museum of American History on America's number 1 boulevard,
Constitution Ave. And, Mr. Speaker, the Mellon's impressive front doors
are exactly 106 paces across Constitution, I personally paced it off,
from the mammoth 1814 original `Star Spangled Banner,' the actual thirty
foot by thirty four foot Ft. McHenry flag that inspired Francis Scott
Key to write our National Anthem, including the words, `... And this be
our motto: In God we trust!' Back to the Blade, quote, `The weekend
wound down with the Capitol Hill Recovery Brunch held at the Longworth
House Office Building foyer and patio from 1 to 6 pm,' unquote.
(Actually the Rayburn Courtyard).
``The Blade continued its description of the weekend, `Cherry Jubilee
attracted people from as far away as
[[Page 2823]]
Switzerland and San Francisco.' Mr. Speaker, that's a reference to the
traveling bi- and homosexual so-called `circuit party' crowd. One of the
weekend's sponsors crowed, I quote, `Pretty much someone from every city
came.'
``That was a description of the weekend from one of their very own
newspapers, so let's be honest concerning what we're describing. And,
let's be very clear about something else... Most of Mr. Gunderson's
point of personal privilege was spent in criticizing and contradicting
the written report and video record of journalist Marc Morano, who was
an eyewitness of the Saturday night event. Accompanying Marc was another
reporter named Jerry. This character assassination of Mr. Morano is
phony and transparent from the start given that Mr. Gunderson admitted
early on that he, Mr. Gunderson, was nowhere near Saturday night's `Main
Event' of hedonism.
``Contrary to what Mr. Gunderson speculated about Mr. Morano sneaking
in, Morano not only bought one ticket at the door, but actually bought
another ticket from a scalper for his assistant Jerry, who is obviously
a corroborative eyewitness. Why, Mr. Gunderson asks, didn't Mr. Morano
just proclaim up front why he was there with a video camera? Obviously,
he would have been thrown out, just as he was blocked from even entering
Mr. Gunderson's soiree in our Rayburn Courtyard the next day. As it was,
Marc was only able to shoot limited footage. Again, the lighting was
purposefully dim, as you can plainly see in this single video still
frame that I've had blown up from Mr. Morano's video report just for
inquiring minds and honest journalists.
``Parenthetically, Mr. Speaker, do you know what scene this blow up
reminds me of? The final scene of the movie `The Ten Commandments.' I
can hear that unique voice-over narration of Cecil B. DeMille as he
paraphrased Exodus Chapter 32 with a touch of Leviticus. Mr. Speaker,
you may apply these words, if you choose, to the lapses of dignity at
the Tailhook disgrace, but they fit more accurately, times 100, the
degradation that disgraced our Capitol at the Mellon Auditorium--twice--
April 1993 and April 1996.
``The narration picks up after the Bible tells us Aaron `Let the
people run wild.' With reverent foreboding, C.B. DeMille narrates:
They were as children who had lost their faith. They were
perverse and crooked and rebellious against God. They did eat
the bread of wickedness and drank the wine of violence. And
they did evil in the eyes of the Lord.
``On screen the young girl being sacrificed pleads, `Have you no
shame?' We hear that word `shame' applied to Christians quite often by
homosexual activists. How perverse.
``Scene up on Mount Sinai, God orders Moses, `Go, get thee down, for
thy people have corrupted themselves'.
``DeMille:
And the people rose up to play. They were as the children
of fools and cast off their clothes. The wicked were like a
troubled sea whose waters cast up filth and dirt. They sank
from evil to evil and were viler than the earth. They had
become servants of sin. And there was manifest all manner of
ungodliness and works of the flesh. Adultery and
lasciviousness, uncleanness, idolatry, and rioting, vanity
and wrath. And they were filled with iniquity and vile
affections and Aaron knew that he had brought them to shame.
``Remember that Time magazine cover, `What Ever Happened to Shame?'
``By the way, Mr. Speaker, I know I speak for most Members when I
state that the only Moses we like to hear about on this House floor is
our Moses of Exodus, the Moses up there in the center place of honor on
our north wall. Moses in marble relief looking down on us. Hopefully to
inspire us. Moses the lawgiver, Moses of the Ten Commandments,
commandments, Mr. Speaker; not suggestions about matters like
infanticide and adultery and sodomy. Moses the Prophet. I am beyond
annoyance hearing on this floor Herb Moses or Rob Morris. Why must we
hear about 45-year-old and fiftyish boy friends? I only know the first
names of about 20 spouses, and not the single maiden name of a Member's
spouse. Enough already with Rob and Herb's family values.
``Mr. Speaker, an important point. Mr. Gunderson was adamant that
there were no orange cones put out to stop public sodomy, but only to
warn of construction hazards. Well, Mr. Morano told me, and I personally
confirmed this on a visit to this impressive building, that the outside
orange construction cones were not for hazard warning of construction
work as Mr. Gunderson asserted, but were indeed to ward off hard
partyers seeking the remote and dark refuge of an outside dead-end
stairwell that they themselves dubbed `Screw Alley.' Again, I personally
observed that it is not an alley, but an elegant arched side carriage
entrance and courtyard--there is a courtyard carriage entrance with
handicap ramps on each side of the magnificent auditorium. This is where
much of the reported public urination was taking place, right there next
to our historic Constitution Avenue. The two-carriage entrance
courtyards were also the smoking sections for multi-risk fast-laners.
One eyewitness said that so many people were up and down the dark
stairwells that orange cones were set up by an APEX rent-a-cop, to
quote, `detour the traffic,' unquote. Mr. Speaker, there was no
construction work outside and certainly nothing `constructive' going on
inside.
``In the course of his floor statement, Mr. Gunderson said, quote,
`Mr. Dornan uses an article to portray a recent series of events held in
this town, in Government buildings, as a party of numerous illegal
activities. Nothing could be further from the truth.' Unquote.
``So, to again use Mr. Gunderson's very words, `It's time to set the
record straight'.
``The very day after he delivered his statement, the Washington Times,
May 15, corroborated the charges of illegal drug activity independent of
reporter Marc Morano and his associate's eyewitness accounts. Illegal
drugs were used at the taxpayer-owned and GSA-operated historic Andrew
W. Mellon Auditorium. And, by the way, Mr. Speaker, Mr. Gunderson kept
saying the Commerce Department runs the Mellon. Another of his
misstatements. It's run by the General Services Administration. This
proves again that community lawyers or Whitman-Walker wrote his May 14
protestation.
``I met personally with the very professional lady who has been the
principal GSA supervisor there for over 10 years. She told me when she
came to the Mellon Sunday morning it was filthy, with mixed-drink-
sticky-slime covering most of the auditorium floor. She demanded and got
Whitman-Walker to pay for a cleaning crew on Sunday, at a triple
overtime rate.
``As for displays of public sex--who among the participants would come
forward and incriminate themselves? As for the one off-duty officer,
still unidentified and probably nonexistent, and the six APEX rent-a-
cops--wouldn't you expect six or seven people to be overwhelmed by
2,000-plus undulating and mock-humping revelers? And the fact remains
that, for many homosexuals, the attraction to partners who are strangers
for public sex is pathological. Here is a book, published by homosexual
press, for the sole and explicit purpose of leading willing participants
to semisecret hot spots across the Nation for public, homosexual sex.
This thick magazine is titled `Steam,' Mr. Speaker. It says that there
is a European locations edition.
``And look at this thick magazine of depraved classified ads spun off
from the homosexual Advocate magazine, Mr. Speaker, most are offensive
ads for soliciting sex with strangers. The Advocate spun off this AIDS-
spreading depravity into a separate slick magazine so they could attract
political interviews like the one with Clinton this very month. A very
creepy mailed-in interview, by the way. Par for his course.
``No person in their right mind believes that 2,000 upscale
homosexuals gathered together in one place for all-night revelry, in
such an elegant, taxpayer-owned edifice, weren't pairing up for later
action.
``Just to listen to Mr. Gunderson's own words, quote, `The sponsors
intentionally took steps to prevent even an atmosphere conducive to
illegal activity.' Unquote. This is definitely not standard party
protocol at your American Legion Hall dance or at any NCO Club dance or
a Kiwanis or Rotary Club night out. How about our own Capitol Hill Club?
Think Tailhook again, Mr. Speaker, and the price paid by heroic combat
pilots who have lost their ca
[[Page 2824]]
reers. Why would Mr. Gunderson have to tell us all of this, if these so-
called homosexual circuit parties, drawing thousands, weren't traveling,
lust-liaisons known for their illegal drug activities? Why would they
need, as he describes it, quote, `strategically placed security
personnel?' Or why would they need, as Mr. Gunderson says, quote,
`Three-foot-by-four-foot posters placed throughout the auditorium and
throughout the restrooms with the message: The possession or use of
illegal substances is strictly prohibited?' Again, the infamous Tailhook
mess did not require signs posted around the Vegas Hilton. Why would
these posters be needed to control partyers described by Mr. Gunderson
as--and the Speaker knows that I'm not making this up, check the May
14th Record --`the love of God personified' (pause) and a people whom,
quote, `every conservative and every Republican should applaud.' How Mr.
Gunderson kept a straight face through all of these sacrilegious
comparisons I'll never know.
``It reminds me of their new and equally offensive gambit of referring
to an obsession with an unnatural sex act as a `gift from God.' What
small `g' god would that be, the god pan? What sacrilegious, errant
nonsense. This transparent propaganda is usually advanced by homosexual
clerics and phony sex therapists of the `if-it-moves-mate-with-it
school.
``Here's Mr. Gunderson's next claim: quote, `My sole role was to serve
as the congressional host for the Sunday Brunch by requesting a space in
my name.' Unquote.
``In press accounts, my self-appointed adversary repeatedly points out
that he was not a sponsor of the Cherry Jubilee Weekend. But just as
Justice Scalia writes about homosexual orientation versus homosexual
conduct, use of the words `host' versus `sponsor' is a `difference
without a distinction.'
``Again, as advertised, the Cherry Jubilee Weekend was three events in
one. To buy one ticket was to buy a Weekend Ticket, or a ticket to all
events. Not to mention that to buy a ticket, for whatever purpose, was
to give your money to the entire weekend's activities. Similarly, and a
clever politician such as Mr. Gunderson knows this, to host one event--
in other words, to let your name be officially used--is to lend your
name to the entire weekend `Jubilee' and to this offensive, pagan
advertising that you see beside me. Further, Mr. Gunderson left out some
very interesting information that our House Oversight Committee should
look into. There are mandatory House rules which specifically guide the
use of Federal property on this Hill--in this case, the Rayburn
Courtyard where Mr. Gunderson stated in his words that fund raising was
the entire purpose for the `Jubilee' which included his Recovery Brunch,
all on one E-ride ticket. Nor or our rooms to be used for `entertaining
tour groups,' Again, the `Cherry Jubilee Weekend' was reported in the
Washington, D.C. City Paper as part of a traveling `homosexual circuit
party.' Would that be a tour group, Mr. Speaker? What do you think, Mr.
Gingrich?
``And groups using our rooms are not permitted to charge an `admission
fee.' Mr. Gunderson stated in his floor speech that the Recovery Brunch
cost $25 per person. That's interesting, because one ticket for the
`Jubilee' entitling a participant to brunch at Mr. Gunderson's recovery,
cost $100, not $25. Do you think, Mr. Speaker, that Brunch sponsors were
collecting last minute unofficial admission fees at the door that Sunday
afternoon? Who ran the accounting for that money collection?
``Do you also think for a moment that if someone did not pay the
admission fee for the brunch they would have been allowed in, Mr.
Speaker? It simply does not compute.
``A guest list is required to be submitted by the sponsor of any event
when held during `off-hour periods,' such as Sundays. And events in the
Rayburn Courtyard are not allowed before 4 p.m. Was a list of attendees
submitted, Mr. Speaker? I doubt it. And why was the event allowed to
begin at 1 p.m., 3 hours before the authorized hour of 4 p.m.? Was Mr.
Gunderson given a waiver to go around the rules this way? I doubt it.
But if so, by whom?
``To those Members who may be toying with the thought that I'm
splitting hairs, let me remind you, Mr. Speaker, of the nature of the
procedural question of privilege involved here. Mr. Gunderson over and
over accused me of being the primary distributor of false information
and deliberate untruths.
``If the chair will recall, there was a previous Dornan-Gunderson dust
up here on the House floor 2 years ago. It was prompted by his self-
serving comment that he places himself among the Christian avatars in
Congress, and these are his exact words, quote, `I'm second-to-none-in-
quote-unquote, advocating Christian values around here' * * * here
meaning Congress. Some may recall my-truth-in-advertising response to
Mr. Gunderson's words. And now, in this latest go around, here he is
again invoking Christianity, but this time implying I am somehow un-
Christian, and implying that I and others were attacking defenseless
individuals whom Mr. Gunderson describes as `those in need of these
services'--meaning AIDS services.
``Specifically, he stated--and Mr. Speaker, I hope everyone will take
note of his exact words--`Cherry Jubilee represented the best of this
American tradition.' Then `Cherry Jubilee represented the best of the
American family.' And, a few sentences later, `Cherry Jubilee
represented the best of America's Judeo-Christian ethic.' Excuse me?
Give us struggling believers a break. I repeat his most offensive
statement. Mr. Gunderson states that the participants at Cherry Jubilee
`became the love of God personified.' `The love of God personified'! How
outrageously offensive! How sacrilegious! These odious comparisons make
the next weird comparison a belly laugh...the half naked dancers and
prancers were, quote, `Newt's shining lights on a hill.' Unquote. Are
Newt's lights anything like Governor Winthrop's `shining city on a
hill'? I wonder if Winthrop is still spinning in his grave? He probably
hasn't stopped spinning since that infamous 1983 censure of the Member
from Plymouth Rock.
``Mr. Speaker, as I said I'm a grandfather who treasures the innocence
of American youngsters and I happily accept our `in loco parentis' role
with our idealistic pages, so I will refrain from discussing reporter
Marc Morano's roughest descriptions of the so-called `love of God
personified.' But this picture gives us a tiny, tiny hint.
``And this still-frame from Marc Morano's video camera was taken very
early on the night of April 13. All I can say is, this is not my
American tradition or my American family. And this is sure as hell and
heaven not my Judeo-Christian ethic or code of ethics. This does not
represent the love of God, certainly not fear of the God of Abraham, the
Father of Jesus, or love in any faith that I've ever heard of. This is
pagan in every sense of that word. This is a bad rerun of worshipping
Molech and Belial.
``Mr. Speaker, the tension between me and the three revealed-by-
conduct homosexuals in the House is a reflection of the national debate
on our moral and spiritual decline. A debate that has tragically been
stifled, if not snuffed out completely, in the Democratic Party.
Fortunately, it is still very much alive within my Republican Party and
it's raging white hot in many communities throughout our land. There can
be no compromise in this struggle * * * that is why so many faint-of-
heart Members in this institution want all moral issues, even partial-
birth infanticide abortions, to just go away! Even lazier and more
cowardly are those shallow fools who say, so what! I pity their children
in the love department. Unfortunately, a struggle over virtue and the
future of our Nation as a land of Godly people can only subside when one
side wins and the other side loses. And history tells us the battle will
wax and wane until the Second Coming.
``Mr. Speaker, I know what I am doing by upping the ante in this
hellacious fight. I know the danger it holds for me and for my very
large family, both politically and personally. But the stakes are too
high for anyone to remain on the sidelines who makes claim to a fighters
heart that is I pray brave. The stakes are thousands of human lives at
jeopardy * * * at jeopardy to the ravages of an irreversible, fatal
venereal disease and * * * far more heart-breaking, there are the souls
in jeopardy * * * the immortal souls. The stakes are also * * * our
beloved America, as we know it.
[[Page 2825]]
``One of our cockiest Members is fond of whining in exasperation what
do all of these extremists have to fear from two people of the same sex
who love each other?
``Given that he undoubtedly is including me among his designated
`extremists,' I have an answer for him, from a pro-homosexual book, an
observation that both sides in the struggle should be able to accept.
``Homosexuality impinges on such questions as what it means to be male
or female, what can be considered to be sexual pathology, what the
purposes of sexuality are * * * thus homosexual relationships challenge
the moral and emotional basis for the way our culture deals with
sexuality. Pretty straight-forward, Mr. Speaker.
``I would further add that there are many other reasons to oppose the
norming of the abnormal. Reasons such as respect for the desires of the
God of both the Old and New Testaments * * * or respect for the course
of nature itself or what Jefferson's Declaration calls `nature's God,'
or for the survival of the traditional family of one man and one woman
bound together in mutual respect and love, sacrificing their selfish
interests to procreate, nurture, and maintain what our founders called
`posterity,' i.e. all of our innocent children yet unborn. This is a
legacy that has been time-tested, for millennia, and by its very success
it is undeniably the proven path.
``The difference between philos love, which is the non-sexual bonding
of dear friends, and homosexuality is that the latter is grounded in a
sex act, and variations on that eros theme, in conduct that is defined
in that dictionary behind me as `sodomy,' and sodomy can never be
anything but a selfish, hedonistic, and impotent ritual that bears only
the lifeless fruits of disease and emotional distress. I pray for all
those, Mr. Speaker, who continue to choose a lifestyle and conduct, so
sad and so devoid of true happiness, of true gaiety, which is the joy of
life * * * joie de vivre * * * the gaiety that flows from God's love.
``Mr. Speaker, to our traditional friends who may be listening right
now--those who are often maligned and ridiculed in liberal media for
their constancy and courage in defending decency and virtue--Remember
that our forefathers paid a terrible price to win their liberty * * *
our liberty. It cost most their fortunes or and many their very lives,
but never their honor. Every tiny segment that we give up of our
standard of decency hastens the demise of our very basic freedoms.
Remember, we traditionalists fight to protect the entire spectrum of
moral living. Therefore, each political compromise forced upon us--each
traditional virtue that we surrender or even compromise--is a loss of
something we treasured and thus we are weakened for the next inevitable
confrontation. In the culture war in which we are engaged, we must
remind ourselves over and over that only a virtuous people can be a free
people. Remember Alexis de Tocqueville's insightful prediction, `As long
as America is good, America will be great.' Our Founders knew that well.
It is the nature of this struggle that we will always be on the
defensive. Do not feel discouraged or down-hearted because we refuse to
be positive about sodomy or abortion-on-demand just to please liberal
reporters. The hard reality is that in this decency battle, the
hedonists win something every time we compromise, and the rest of us
lose a bit more of our virtue, another one of the foundations of our
freedom. Mr. Speaker, the unrelenting chipping away at moral tradition
by our adversaries succeeds only when we are complacent or when we
continue our delusionary trips to that big three-ring circus tent, a
tent that some want to be so large that it will allow practitioners of
any perversion to slither in and even be welcomed. Today the
Ephebephiles, heterosexual ephebephiles or homosexual ephebephiles,
tomorrow, Hello Pedophiles! Come on in, it's a very big tent.
``We, who know what objective truth is, must make a firm commitment
every day * * * to never, ever compromise in this intense conflict to
preserve a culture that is not just safe for children but for their
families * * * a culture with virtue, a culture that pleases God.
``And what possible claims can homosexual activists make toward
Christian loyalty. A true Christian must be able to say with
believability, `try to walk in the footsteps of my Savior Jesus Christ.'
For someone to claim without shame, that the disgusting display of
hedonism at the majestic, publicly-owned Andrew W. Mellon Auditorium had
anything to do with Jesus Christ or his followers is to exercise raw
evil egotism. Dr. Billy Graham had it exactly right. We are `a nation of
the brink of self-destruction.' But we need not self-destruct nor commit
national suicide. Honest Abe Lincoln, at only age 38, warned us to steel
ourselves against national self-destruction.
``Mr. Speaker, let me repeat those words from a four-star general that
I used in my opening, `we must insist on disciplined and principled
behavior.' * * * The majority of our Members understand well that
integrity is essential in an organization where we count on fellow
members and that honesty is the glue that binds the members into a
cohesive team.
``And they easily take responsibility for their actions and exhibit
the courage to do the right thing.
``Yes, most professionals place service before self and willingly
subordinate personal interests for the good of their unit, the Air Force
and the Nation and, if called upon, are willing to risk their lives in
defense of the United States.
``Thank you, General Ron Fogelman for inspiring me in a period when I
certainly find myself on a solo deep-strike recon mission.
``Mr. Speaker, true love will always protect the innocent. I will
always challenge the child corruptors, my shield is always the
chastening and fearful words of Jesus Christ in Matthew 18:6, `Whosoever
shall cause one of these little ones who believe in me to sin, it were
better for him that a millstone were hanged about his neck, and that he
were drowned in the depth of the sea'...I will do a post mortem on these
matters, if I have to, in a Special Order, so as to clear up, with the
truth, any late breaking developments. Thank you for your attention, Mr.
Speaker, and may God truly bless and watch over our bountiful land. I
yield back the balance of my time, but I will never yield my sense of
decency.''.
____________________
point of order
(para.87.11)
To a bill addressing the authority of a State to decline to recognize
same-sex marriages sanctioned in other States and defining the terms
``marriage'' and ``spouse'' for purposes of Federal law, an amendment
proposed in a motion to recommit prohibiting discrimination in
employment on the basis of sex is not germane.
On July 12, 1996, Mr. CANADY, made a point of order against the motion
to recommit with instructions, and said:
``The motion to recommit is not germane to the bill. The bill relates
solely to the subject of marriage. The motion to recommit seeks to add
language which relates to employment discrimination to a bill dealing
with marriage. Clearly, this is a proposition on a subject different
from that under consideration, in violation of clause 7 of rule XVI, and
I ask the chair to rule the motion to recommit out of order.''.
Ms. Jackson-Lee was recognized to speak to the point of order and
said:
``Madam Speaker, with great pain in my heart, I would maintain that we
are germane, and it is with deepest regrets and great pain that I hear
that human dignity is not germane. But at this point, Madam Speaker,
with this pain and this disappointment, I will not contest the point of
order.''.
The Speaker pro tempore, Ms. GREENE, said:
``The gentlewoman [Ms. Jackson-Lee] concedes the point of order, and
the point of order of the gentleman [Mr. Canady] is sustained.''.
____________________
words taken down
(para.94.25)
Remarks in debate suggesting that a Member lacked ``nerve,'' because he
made a certain statement in debate on the floor rather than in the Press
Gallery to avoid a lawsuit, constitute an unparliamentary personality
within the meaning of clause 1 of rule XIV.
[[Page 2826]]
On July 25, 1996, Mr. KANJORSKI during one minute speeches addressed
the House and, during the course of his remarks,
Mr. SOLOMON demanded that certain words be taken down.
The Clerk read the words taken down as follows:
I was aware of what you were going to say today. You know
full well the reason you came down here on the floor and said
what you said is that you didn't have the nerve to go up in
the Press Gallery and make those charges because you would be
subject to a law suit.
The Speaker pro tempore, Mr. HOBSON, held the words taken down to be
unparliamentary, and said:
``In the opinion of the Chair, the remarks question the integrity of
the gentleman [Mr. Clinger] and constitute a personality in debate.''.
By unanimous consent, the words were stricken from the Record.
____________________
point of order
(para.106.3)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Wise], during one minute speeches, and
said:
``Mr. Speaker, is it not correct that the rules of the House under
regular order prevent people from speaking on the floor of the House
with respect to matters before the Ethics Committee?''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman is correct.
``The gentleman [Mr. Wise] may proceed in order.''.
____________________
point of order
(para.106.4)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 12, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Wise], and said:
``Mr. Speaker, the gentleman [Mr. Wise] continues to proceed out of
order of the House and should be called to order by the Chair.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The Chair at this time will repeat the admonition from the Chair of
June 26, 1996.
``It is an essential rule of decorum in debate that Members should
refrain from references in debate to the conduct of other Members where
such conduct is not the question actually pending before the House by
way of a report from the Committee on Standards of Official Conduct or
by way of another question of the privileges of the House. This
principle is documented on pages 168 and 526 of the House Rules and
Manual and reflects the consistent rulings of the Chair in this and in
prior Congresses and applies to 1-minute and special order speeches.
``Neither the filing of a complaint before the Committee on Standards
of Official Conduct, nor the publication in another forum, of charges
that are personally critical of another Member, justify the references
to such charges on the floor of the House. This includes references to
the motivations of Members who file complaints and to members of the
Committee on Standards of Official Conduct.
``Clause 1 of rule XIV is a prohibition against engaging in
personality in debate. It derives from article I, section 5 of the
Constitution, which authorizes each House to make its own rules and to
punish its Members for disorderly behavior, and has been part of the
rules of the House in some relevant form since 1789. This rule
supersedes any claim of a Member to be free from questioning from any
other place.
``On January 27, 1909, the House adopted a report that stated the
following: `It is the duty of the House to require its Members in speech
or debate to preserve that proper restraint which will permit the House
to conduct its business in an orderly manner and without unnecessarily
and unduly exciting animosity among its Members.' (Cannon's Precedents,
volume 8, at section 2497). This report was in response to improper
references in debate to the President, but clearly reiterated a
principle that all occupants of the Chair in this and in prior
Congresses have held to be equally applicable to Members' remarks in
debate toward each other.
``The Chair asks and expects the cooperation of all Members in
maintaining a level of decorum that properly dignifies the proceedings
of the House.''.
The Speaker pro tempore, Mr. LaTOURETTE, recognized Mr. WISE to
proceed in order.
____________________
point of order
(para.106.5)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. WALKER, made a point of order during the
remarks of the gentleman [Mr. Lewis of Georgia] during one minute
speeches, and said:
``Mr. Speaker, the gentleman [Mr. Lewis of Georgia] is engaging in
debate which is outside the rules of the House and should be admonished
by the Chair.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
The gentleman [Mr. Walker] is correct. Consistent with prior rulings,
the gentleman [Mr. Lewis of Georgia] is advised to proceed in order.''.
____________________
point of order
(para.106.6)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, the gentleman [Mr. Lewis of Georgia] continues to
proceed out of order, and the Chair should require that the gentleman
observe the regular order of the House.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman [Mr. Lewis of Georgia] must either proceed in regular
order or be seated.''.
The Speaker pro tempore, Mr. LaTOURETTE, responded to a parliamentary
inquiry by the gentleman [Mr. Volkmer] regarding the ruling of the
Chair, and said:
``That is correct. The gentleman continues to refer to a pending
investigation before the Standards Committee.
The Speaker pro tempore, Mr. LaTOURETTE, responded to a further
parliamentary inquiry by the gentleman [Mr. Volkmer] regarding the
ruling of the Chair, and said:
``It is the Chair's opinion and ruling that it is part of the
prohibited debate. The gentleman [Mr. Lewis of Georgia] is invited to
proceed in regular order.''.
____________________
point of order
(para.106.7)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, the gentleman [Mr. Lewis of Georgia] continues to
proceed out of order in the House. The gentleman is not following the
Chair's admonishment that Members have an obligation to the House and to
the institution to proceed in order.
``The point of order is that the gentleman is out of order.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The point of order is again sustained, and the gentleman [Mr. Lewis
[[Page 2827]]
of Georgia] is again advised to please proceed in regular order or be
seated.''.
____________________
point of order
(para.106.8)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. LINDER made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, this is the fourth time that the gentleman has referred
to matters on the floor that were in the Ethics Committee and ignored
the admonition of the Chair. Maybe it is perhaps time for him to be
seated.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman's point of order for the fourth time is sustained and
correct and the gentleman [Mr. Lewis of Georgia] is again invited to
proceed in regular order.''.
____________________
point of order
(para.106.9)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Stupak], during one minute speeches, and
said:
``Mr. Speaker, the gentleman is referring to matters again before the
Standards Committee and the Speaker has ruled again and again that it is
out of order. The gentleman should either continue in order or sit
down.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The point of order is well taken. To the extent that the gentleman
[Mr. Stupak] refers to a pending matter before the Standards Committee,
he is asked to refrain from those observations and proceed in order.''.
____________________
point of order
(para.106.10)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. LINDER, made a point of order during the
remarks of the gentlewoman [Ms. DeLauro], during one minute speeches,
and said:
``Mr. Speaker, the gentlewoman [Ms. DeLauro] is referring directly to
matters before the Committee on Standards of Official Conduct.''.
The Speaker pro tempore, Mr. LaTOURETTE, sustained the point of order,
and said:
``The gentleman is correct. The gentlewoman is directed to continue in
order.''.
____________________
point of order
(para.106.11)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 12, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentlewoman [Ms. DeLauro], and said:
``Mr. Speaker, I would ask you to enforce the rules of this House,
because each of these Members has found ways to go back to the
references to the Committee on Standards of Official Conduct, when they
should be called out of order and asked to sit down.''.
The Speaker pro tempore, Mr. LaTOURETTE, responded to the point of
order, and said:
``The Chair has repeatedly asked Members to respect the rules of the
House and rulings of the Chair. There are opportunities available to the
Chair to enforce the rules of the House. The appropriate manner in which
to enforce it at this moment in time is a point of order made be another
Member.''.
____________________
point of order
(para.106.12)
It is not a breach of decorum to make historical reference to a past
case concerning the official conduct of a former Member.
On September 12, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Miller of California], during one minute
speeches, and said:
``Mr. Speaker, the gentleman is not adhering to the rulings of the
House again with respect to speaking on the floor regarding matters
before the Committee on Standards of Official Conduct.''.
Mr. MILLER was recognized to speak to the point of order and said:
``Mr. Speaker, the words I have uttered up until the time I was
interrupted are not my words. They are in fact the words of Speaker
Gingrich on July 28, 1988, in a letter from Speaker Gingrich to the
Honorable Julian Dixon, the former Chair of the Committee on Standards
of Official Conduct. Therefore, Mr. Speaker, this is proper.
``If I can continue to be heard on the point of order, Mr. Speaker, I
am not speaking on a matter that is currently before the Committee on
Standards of Official Conduct. I am speaking to a matter that was before
the Committee on Standards of Official Conduct in 1988, where the
question was raised at that time as to whether or not that committee
had, one, limited the scope of inquiry by the special counsel, where the
question was raised as to the contract between the special counsel and
the committee, and whether or not the committee was--.''.
The Speaker pro tempore, Mr. LaTOURETTE, overruled the point of order,
and said:
``The gentleman will kindly suspend. The Chair is prepared to rule.
``The Chair is acceding to the gentleman's [Mr. Miller of California]
points. The gentleman may proceed in that context.''.
____________________
point of order
(para.108.8)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 17, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Lewis of Georgia] during one minute
speeches, and said:
``Mr. Speaker, is it within the rules of the House to refer to matters
before the Committee on Standards of Official Conduct on the floor of
the House?''.
The Speaker pro tempore, Mr. MILLER of Florida, responded to the point
of order, and said:
``That is not in order and the gentleman [Mr. Lewis of Georgia] must
proceed in order.''.
Mr. LINDER continued with the point of order, and said:
``Mr. Speaker, further point of order. Is the gentleman in the well
speaking out of order?''.
The Speaker pro tempore, Mr. MILLER of Florida, sustained the point of
order, and said:
``The Chair rules the gentleman, [Mr. Lewis of Georgia] out of
order.''.
Mr. LINDER addressed the Chair, and said:
``Mr. Speaker, if the gentleman continues, will the Chair rule that he
sit down?''.
The Speaker pro tempore, Mr. MILLER of Florida, responded, and said:
``The Chair will take that under advisement.
``The gentleman, [Mr. Lewis of Georgia] may proceed in order.''.
____________________
point of order
(para.108.9)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 17, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, the gentleman is ignoring the rule of the Chair and he
is
[[Page 2828]]
referring to matters before the Committee on Standards of Official
Conduct, and it strikes me that it is the appropriate time to have him
sit down.''.
The Speaker pro tempore, Mr. MILLER of Florida, sustained the point of
order, and said:
``The Chair sustains the point of order. The gentleman's time has
expired.''.
____________________
point of order
(para.109.4)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 18, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Lewis of Georgia] during one minute
speeches, and said:
``Mr. Speaker, several days in a row the gentleman [Mr. Lewis of
Georgia] has risen on the floor of the House to address matters that are
inappropriate because the rules of the House specifically prohibit
speaking of matters before the Committee on Standards of Official
Conduct.
``The gentleman does not seem to get that point. And on each occasion
that I have raised this point of order, the Speaker has agreed with me.
I would like the Speaker to make a ruling on this matter today.''.
Mr. LEWIS of Georgia was recognized to speak to the point of order and
said:
``If the gentleman [Mr. Linder] is familiar with the rules, he should
know that the customary way to object is to ask that the Member's words
be taken down.''.
The Speaker pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The Chair is prepared to rule on the gentleman's point of order. The
Chair will repeat the admonition of the Chair from September 12, 1996.
``It is an essential rule of decorum in debate that Members should
refrain from references in debate to the conduct of other Members where
such conduct is not the question actually pending before the House by
way of a report from the Committee on Standards of Official Conduct or
by way of another question of the privileges of the House. This
principle is documented on pages 168 and 526 of the House Rules and
Manual and reflects the consistent rulings of the Chair in this and in
prior Congresses and applies to 1-minute and special order speeches.
``Neither the filing of a complaint before the Committee on Standards
of Official Conduct, nor the publication in another forum, of charges
that are personally critical of another Member, justify the references
to such charges on the floor of the House. This includes references to
the motivations of Members who file complaints and to members of the
Committee on Standards of Official Conduct.
``Clause 1 of rule XIV is a prohibition against engaging in
personality in debate. It derives from article I, section 5 of the
Constitution, which authorizes each House to make its own rules and to
punish its Members for disorderly behavior, and has been part of the
rules of the House in some relevant form since 1789. This rule
supersedes any claim of a Member to be free from questioning from any
other place.
``On January 27, 1909, the House adopted a report that stated the
following:
It is the duty of the House to require its members in
speech or debate to preserve that proper restraint which will
permit the House to conduct its business in an orderly manner
and without unnecessarily and unduly exciting the animosity
among its Members.
``This is Cannon's Precedents, volume 8, section 2497. This report was
in response to improper references in debate to the President, but
clearly reiterated a principle that all occupants of the Chair in this
and in prior Congresses have held to be equally applicable to Members'
remarks in debate toward each other.
``The Chair asks and expects the cooperation of all Members in
maintaining a level of decorum that properly dignifies the proceedings
of the House .
``So the Chair would request the gentleman [Mr. Lewis of Georgia]
proceed in order.''.
____________________
point of order
(para.109.5)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.It is a
breach of decorum in debate to refer to the official conduct of a Member
where that conduct is not presently under consideration in the House by
way of a report of the Committee on Standards of Official Conduct or
another question of the privileges of the House.Under rules I and XIV,
the Speaker may, in disposing of a point of order arraigning a breach of
decorum in debate, deny further recognition to a Member who persists in
such breaches, subject to the will of the House on the question of
proceeding in order.
On September 18, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, it is entirely possible that the gentleman in the well
does not know what the rules are. But I think you just ruled that he was
speaking out of order, and I would like to have the Chair readdress his
addressing matters before the Committee on Standards of Official
Conduct.''.
The Speaker pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The Chair sustains the point of order from the gentleman [Mr.
Linder] and asks the other Member [Mr. Lewis of Georgia] to please keep
his remarks in order.''.
The Speaker pro tempore, Mr. HASTINGS of Washington, responded with
the following statement to a parliamentary inquiry made by Mr. VOLKMER
as to whether there is historical precedent whereby the Chair had
ordered a Member to be seated prior to the expiration of the Member's
time:
``On September 12 and on September 17 of this year, the Chair
sustained points of order against Members who repeatedly made references
in debate to a matter pending before the Committee on Standards of
Official Conduct.
``On those occasions, the Chair indicated that pursuant to the rule
such Members could be required to take their seats where they declined
to proceed in order at the directive of the Chair after points of order
had been sustained against the references while demanding that an
offending Member be seated is normally insisted upon only where there is
a formal demand that the words be taken down pending disposition that
the words be taken down. Pending disposition of the matter by the Chair
and the House, it is within the Chair's authority under rule I and rule
XVI to deny that Member further recognition as a disposition of the
question of order, subject to the will of the House on a question
proceeding in order.
``A Member's comportment in the face of repeated admonitions by the
Chair to proceed in order has itself been the subject of a ruling of the
Chair that the Member may not be recognized to proceed unless permitted
to do so by the House. That is cited on page 319 of the Manual. Once a
Member has been recognized and has the floor, rule I and rule XVI permit
the Chair to respond to repeated points of order while permitting the
House to determine the propriety of the Chair's rulings and its
willingness to permit the Member to proceed in order.
``Thus, if the Chair were to direct that an offending Member be denied
the floor for the duration of the time for which he was recognized, he
would do so in the context of a ruling that would permit the House to
determine whether the Member should proceed in order.
``Without objection, the gentleman [Mr. Lewis of Georgia] may proceed
in order for the balance of his time.''.
____________________
[[Page 2829]]
point of order
(para.109.6)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 18, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Volkmer], during one minute speeches, and
said:
``Mr. Speaker, the gentleman in the well is referring to matters
before the Committee on Standards of Official Conduct, which is
prohibited by the rules of the House.''.
The Speaker pro tempore, Mr. HASTINGS of Washington, sustained the
point of order, and said:
``The Chair sustains the point of order and asks the gentleman [Mr.
Volkmer] to keep his remarks in order.
____________________
point of order
(para.110.4)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 19, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Pallone], during one minute speeches, and
said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct, which is against the rules
of the House.''.
The Speaker pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair sustains the gentleman's point of order just raised. The
gentleman [Mr. Pallone] may proceed in order.''.
____________________
point of order
(para.110.5)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 19, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Pallone], and said:
``Mr. Speaker, in spite of the admonition of the Chair, the gentleman
continues to refer to matters before the Committee on Standards of
Official Conduct.''.
Mr. PALLONE was recognized to speak to the point of order and said:
``My only point, Mr. Speaker, is that a motion has been filed that
this report should be released.''.
The Speaker pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair sustains the point of order raised by the gentleman [Mr.
Linder] and the gentleman [Mr. Pallone] must suspend any reference to
that matter since the resolution is not under consideration in the House
at this time.''.
____________________
point of order
(para.110.6)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 19, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Volkmer], during one minute speeches, and
said:
``Mr. Speaker, the gentleman has been here long enough to know the
rules of the House. He shows it on the floor of the House all the time.
He is abusing the rules of the House by referring to matters before the
Committee on Standards of Official Conduct.''.
The Speaker pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair sustains the point of order, and would permit the
gentleman [Mr. Volkmer] to proceed in order.''.
____________________
point of order
(para.110.7)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 19, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``The gentleman is continuing to refer to matters before the Committee
on Standards of Official Conduct.''.
The Speaker pro tempore, Mr. INGLIS, sustained the point of order, and
said:
``The Chair would sustain the point of order of the gentleman [Mr.
Linder] and would remind Members that it is inappropriate to refer to
the Members of the Committee on Standards of Official Conduct and their
work.''.
____________________
privileges of the house
(para.110.17)
A resolution alleging inaction on the part of the Committee on Standards
of Official Conduct with respect to a particular case, and resolving
that the Committee be instructed to transmit certain matters relating to
the case to an ``special counsel,'' gives rise to a question of the
privileges of the House under rule IX.
On September 19, 1996, Mr. LINDER rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 524):
Whereas, a complaint filed against Representative Gephardt
alleges House Rules have been violated by Representative
Gephardt 's concealment of profits gained through a complex
series of real estate tax exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws or regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in complex matters involving complaints hired outside counsel
with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Official Conduct is
responsible for determining whether Representative Gephardt's
financial transactions violated standards of conduct or
specific rules of the House of Representatives and;
Whereas, the complaint against Representative Gephardt has
been languishing before the committee for more than seven
months and the integrity of the ethics process and the manner
in which Members are disciplined is called into question; now
be it
Resolved, that the Committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of this matter.
Resolved, that all relevant materials presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
to determine whether the committee should proceed to a
preliminary inquiry.
The Speaker pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
``The resolution constitutes a question of privilege under rule IX.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. ARMEY demanded a recorded vote on motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
395
It was decided in the
Nays
9
<3-line {>
affirmative
Answered present
10
para.110.18
[Roll No. 423]
So the motion to lay the resolution on the table was agreed to.
____________________
privileges of the house
(para.110.20)
A resolution alleging failure on the part of the Committee on Standards
of Official Conduct with respect to a particular case to release to the
public the report of an ``outside counsel,'' and resolving that the
Committee be instructed to release that report, gives rise to a question
of the privileges of the House under rule IX.
On September 19, 1996, Mr. LEWIS of Georgia, rose to a question of the
privi
[[Page 2830]]
leges of the House and submitted the following resolution (H. Res. 526):
Whereas on December 6, 1995, the Committee on Standards of
Official Conduct agreed to appoint an outside counsel to
conduct an independent, nonpartisan investigation of
allegations of ethical misconduct by Speaker Newt Gingrich;
Whereas, after an eight-month investigation, that outside
counsel has submitted an extensive document containing the
results of his inquiry;
Whereas the report of the outside counsel cost the
taxpayers $500,000;
Whereas the public has a right--and Members of Congress
have a responsibility--to examine the work of the outside
counsel and reach an independent judgment concerning the
merits of the charges against the Speaker;
Whereas these charges have been before the Ethics Committee
for more than two years;
Whereas a failure of the Committee to release the outside
counsel's report before the adjournment of the 104th Congress
will seriously undermine the credibility of the Ethics
Committee and the integrity of the House of Representatives:
Now, therefore, be it
Resolved, That the Committee on Standards of Official
Conduct shall immediately release to the public the outside
counsel's report on Speaker Newt Gingrich, including any
conclusions, recommendations, attachments, exhibits or
accompanying material.
The Speaker pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
``The resolution constitutes a question of privilege under rule IX.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. BONIOR demanded a recorded vote on motion, which demand was
supported by one-fifth of a quorum, so a recorded vote was ordered.
The vote was taken by electronic device.
Yeas
225
It was decided in the
Nays
179
<3-line {>
affirmative
Answered present
10
para.110.21
[Roll No. 424]
So the motion to lay the resolution on the table was agreed to.
____________________
point of order
(para.110.26)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 19, 1996, Mr. WALKER, made a point of order during the
remarks of the gentleman [Mr. Volkmer], during special order speeches,
and said:
``Mr. Speaker, the gentleman [Mr. Volkmer] is discussing matters that
are not appropriately addressed under the rules of the House.''.
The Speaker pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order and said:
``The Chair will sustain the point of order inasmuch as the gentleman
may not discuss such matters not currently pending.
``The gentleman [Mr. Volkmer] may proceed in order.''.
____________________
point of order
(para.110.27)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House, including by
remarks recapitulating the content of a resolution raising a question of
the privileges of the House that is no longer pending.
On September 19, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``The gentleman [Mr. Volkmer] continues to be out of order.''.
The Speaker pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair will sustain the point of order and share at this point
the ruling of November 17, 1995:
The prohibition against references in the debate to the
official conduct of other Members, where such conduct is not
under consideration in the House includes reciting the
content of a resolution raising a question of the privileges
of the House which is no longer pending, having been tabled
by the House.
``The gentleman [Mr. Volkmer] may proceed in order.''.
____________________
point of order
(para.110.28)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 19, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``Mr. Speaker, the gentleman [Mr. Volkmer] continues to be out of
order, and it is an embarrassment to the House to have the gentleman
continue to disobey the rules knowingly and completely with malice.''.
The Speaker pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair sustains the point of order and requests that the
gentleman [Mr. Volkmer] proceed in order as indicated by the Chair
earlier.''.
____________________
point of order
(para.110.29)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 19, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
Mr. WALKER made a point of order, and said:
``The gentleman is obviously attempting to simply disobey the rules,
and the gentleman obviously has no comport to the Oath of Office that he
took earlier in this Congress and, you know, is embarrassing the House
with his present disobeying of the rules, and I insist on my point of
order.''.
The Speaker pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The point of order by the gentleman is sustained, and the Chair
would remind the gentleman [Mr. Volkmer] that he may not speak to
matters which are now under consideration by the Committee on Standards
of Official Conduct or to the motivation of Members who bring questions
before the House.''.
____________________
point of order
(para.110.30)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 19, 1996, Mr. WALKER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``The gentleman continues to be out of order.''.
The Speaker pro tempore, Mr. BARRETT of Nebraska, sustained the point
of order, and said:
``The Chair sustains the point of order.''.
____________________
point of order
(para.113.8)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
[[Page 2831]]
On September 24, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Volkmer], during one minute speeches, and
said:
``The gentleman in the well is referring to matters before the
Committee on Standards of Official Conduct, which is explicitly against
the rules of the House.''.
The Speaker pro tempore, Ms. GREENE, sustained the point of order and
said:
``The Chair sustains the point of order and directs the gentleman [Mr.
Volkmer] to proceed in order.''.
____________________
point of order
(para.113.9)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 24, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``Madam Speaker, it may be that the gentleman does not understand the
English language, but I thought the Chair just sustained a point of
order and instructed him not to refer to matters before the Committee on
Standards of Official Conduct but to continue in order, and for his to
continue referring to these matters is out of order.''.
The Speaker pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair once again sustains the point of order of the gentleman
[Mr. Linder]. The gentleman [Mr. Volkmer] is not speaking in order, and
the Chair again directs the gentleman [Mr. Volkmer] to proceed in order
in accordance with the rules of the House.''.
____________________
point of order
(para.113.10)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 24, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``Madam Speaker, it does not seem like anyone should have to remind
someone three times in a 1-minute speech that he is abusing the rules of
the House, but that is the point I am raising.''.
The Speaker pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair will inform the gentleman [Mr. Volkmer] that the Chair
sustains the point of order of the gentleman [Mr. Linder]. The gentleman
[Mr. Volkmer] is not, under the rules of the House, to make references
to matters currently under review before the Committee on Standards of
Official Conduct or to members of that committee, as the gentleman [Mr.
Volkmer] well knows.
``The gentleman [Mr. Volkmer] has 20 seconds remaining.''.
____________________
point of order
(para.113.11)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct, whether
in the Member's own words or by recitation of utterances in other media.
On September 24, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mrs. Schroeder], during one minute speeches,
and said:
``Madam Speaker, it is my understanding last week that the Chair ruled
that even if newspapers make references to matters before the Committee
on Standards, it is inappropriate under House rules to bring those
matters to the floor of the House. It is entirely acceptable for the
gentlewoman [Mrs. Schroeder] to speak on this issue as much as she wants
outside the House of this Congress. But on this floor, it is against the
rules.''.
The Speaker pro tempore, Ms. GREENE, sustained the point of order, and
said:
``The Chair sustains the point of order of the gentleman [Mr. Linder],
and directs the gentlewoman [Mrs. Schroeder] to proceed in order in
accordance with the rules of the House.''.
____________________
point of order
(para.113.12)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct, whether
in the Member's own words or by recitation of utterances in other media.
On September 24, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Waxman], during one minute speeches, and
said:
``The gentleman's [Mr. Waxman] time has expired, but the point of
order is the same one, that he is referring to matters against the rules
of the House.''.
The Speaker pro tempore, Ms. GREENE, sustained the point of order and
said:
``The Chair will sustain the point of order, and requests that all
Members show respect for and abide by the rules of the House.''.
The Speaker pro tempore, Ms. GREENE, responded to a parliamentary
inquiry by the gentleman [Mr. Waxman] as to the precedents regarding the
ruling of the Chair, and said:
``Prior rulings of the Speaker have sustained the point of order in
this and prior Congresses that press accounts relating to matters
currently before the Standards of Official Conduct Committee are not a
proper subject for debate on the floor. That is why the gentleman's [Mr.
Linder] point of order was sustained.
The Speaker pro tempore, Ms. GREENE, responded to a further
parliamentary inquiry by the gentleman [Mr. Waxman] as to the precedents
regarding the ruling of the Chair, and said:
``The duty of the Chair is to enforce the rules of the House as they
are written and have been interpreted. The rules of the House, as the
Chair has ruled in this and prior Congresses, make it out of order for
any Member to refer to any subject currently before the Standards
Committee, whether through the Member's own words, or through the
recitation of words printed in any other medium outside the floor of
this House, except when a question of privileges is pending.
``The Chair will continue to abide by and enforce the rules of the
House.''.
____________________
point of order
(para.113.37)
The prohibition against references in debate to the official conduct of
a Member that is not presently under consideration by the House includes
reviewing matters previously (but no longer) under consideration by the
House.
On September 24, 1996, Mr. SOLOMON, made a point of order during the
remarks of the gentleman [Mr. Volkmer], during debate, and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct, and that is against the
House rules. We need to stay to the germaneness of this expedited
procedure.''.
Mr. VOLKMER was recognized to speak to the point of order and said:
``My earlier comments were perhaps not in order, but where the
gentleman has interjected himself, I am speaking of matters that have
already been resolved by the Committee on Standards of Official Conduct
and are no longer pending before the Committee on Standards of Official
Conduct.''.
The Speaker pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The Chair is prepared to rule, and the question is whether the
matters are properly pending before the House. The issue is not just
whether they are now or only at a prior time were ever before the
committee, since the matters are not now properly before the House as a
question of privilege, and debate on those matters, therefore, is not in
order at this point.''.
____________________
[[Page 2832]]
point of order
(para.113.38)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On September 24, 1996, Mr. SOLOMON, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``Mr. Speaker, clause 14 says that we have to be germane to the issue.
I would make a point of order that the gentleman's delivery is not
germane to this issue.''.
The Speaker pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
The gentleman's point of order is well taken, and the Chair would ask
the gentleman [Mr. Volkmer] to be in order.''.
____________________
point of order
(para.113.39)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 24, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Ward], during debate, and said:
``The gentleman is referring one more time to matters before the
committee on ethics. I believe that is against the rules of the
House.''.
Mr. WATT was recognized to speak to the point of order and said:
``I just want to submit to the Speaker that this debate is about
yielding unprecedented authority to the Speaker of the House. The
Speaker's integrity, the person to whom we are proposing to yield that
authority, his integrity is at the heart of the matter. If we cannot get
to his integrity, then how can we determine whether we ought to be
yielding these unprecedented, overwhelming authorities to him?
``If we do not like what he has been doing. If he has been out
disrespecting the House of the United States, then why should we give
him some unprecedented authority called martial law? That is at the very
heart. His responsibility, his ethics, are at the very heart of the
matter.
``I would submit, Mr. Speaker, that this is germane to the issue and
the matter before this House.''.
Mr. WARD was recognized to speak to the point of order and said:
``Mr. Speaker, I would ask that the gentleman [Mr. Linder] clarify his
point of order so I can know what it is that I have said to which he
objects.''.
Mr. LINDER was recognized further and said:
``Mr. Speaker, over the course of the last 10 days or so, when the
minority party has tried to bring to the floor of this House a
discussion of matters before the Committee on Ethics, the Chair has
consistently ruled that not only referring to the matters before the
Committee on Ethics, but referring to press reports about those matters
is against the rules of the House.''.
``The gentleman is standing there with a large print of an editorial
out of a newspaper that does precisely that: To make the case, in print,
for the people watching this, about matters before the Committee on
Ethics. It strikes me that, if the Chair is going to rule that we cannot
talk about it, the same argument would obtain that just displaying it is
abusing the rules of the House.
Mr. WARD was recognized further and said:
``Mr. Speaker, I thought the gentleman was responding to my saying
that the Speaker had been found guilty of a number of ethics violations,
according to a letter from the Ethics Committee dated December 6, 1995.
``I was not referring to the document here displayed. I was referring
to his allowing the senior GOPAC official to act as the chief of staff
in the Speaker's office, for which he was found guilty. I was referring
to abusing the House floor to sell videotapes. That is what I was
referring to.''.
The Speaker pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The Chair is prepared to rule, having heard the arguments on both
sides.
``The Chair would say that the point of order is well taken; that the
gentleman [Mr. Ward] may debate the advisability of granting generic
authorities proposed in the pending resolution but may not dwell on the
merits of measures that might arise under those authorities.
``The recent series of rulings by the Chair rest more squarely on the
stricture against personalities in debate than on the requirements of
relevance. With respect to cases disposed of, today's standard is not a
new standard under the precedents. The point is not necessarily whether
the matter is still pending elsewhere. The point is that the matter is
not pending on the floor here and now as a question of privilege and the
point of order is well taken.
The gentleman [Mr. Ward] may proceed in order.''.
____________________
point of order
(para.113.40)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 24, 1996, Mr. CUNNINGHAM, made a point of order during
the further remarks of the gentleman [Mr. Ward], and said:
``Mr. Speaker, we are prevented from speaking about other Members on
the other side, about previous ethics violations. Is it not against the
rules of the House to do so?''.
The Speaker pro tempore, Mr. GILLMOR, sustained the point of order,
and said:
``The Chair would remind all Members that it is not in order to
discuss past or present official conduct cases of sitting Members unless
the matter is pending before the House as a question of privilege.''.
____________________
privileges of the house
(para.113.51)
A resolution alleging inaction on the part of the Committee on Standards
of Official Conduct with respect to a particular case, and resolving
that the Committee be instructed to transmit certain matters relating to
the case to an ``special counsel,'' gives rise to a question of the
privileges of the House under rule IX.
On September 24, 1996, Mr. LINDER rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 531):
Whereas, a complaint filed against Representative Gephardt
alleges House Rules have been violated by Representative
Gephardt's concealment of profits gained through a complex
series of real estate tax exchanges and;
Whereas, the complaint also alleges possible violations of
banking disclosure and campaign finance laws and regulations
and;
Whereas, the Committee on Standards of Official Conduct has
in other complex matters involving complaints hired outside
counsel with expertise in tax laws and regulations and;
Whereas, the Committee on Standards of Official Conduct is
responsible for determining whether Representative Gephardt's
financial transactions violated standards of conduct or
specific rules of the House of Representatives and;
Whereas, the complaint against Representative Gephardt has
been pending before the committee for more than seven months
and the integrity of the ethics process and the manner in
which Members are disciplined is called into question; and
Whereas, on Friday, September 20, 1996 the ranking Democrat
of the Ethics Committee, Representative James McDermott in a
public statement suggested that cases pending before the
committee in excess of 60 days be referred to an outside
counsel; now be it
Resolved that the Committee on Standards of Official
Conduct is authorized and directed to hire a special counsel
to assist in the investigation of the charges filed against
the Democratic Leader Representative Richard Gephardt.
Resolved that all relevant materials presented to, or
developed by, the committee to date on the complaint be
submitted to a special counsel, for review and recommendation
to determine whether the committee should proceed to a
preliminary inquiry.
The Speaker pro tempore, Mr. LaHOOD, ruled that the resolution
submitted did present a question of the privileges of the House under
rule IX, and said:
[[Page 2833]]
``The resolution constitutes a question of privileges of the House.''.
Mr. ARMEY moved to lay the resolution on the table.
The question being put, viva voce,
Will the House lay the resolution on the table?
The SPEAKER pro tempore, Mr. LaHOOD, announced that the yeas had it.
Mr. ARMEY demanded a recorded vote on agreeing to said resolution,
which demand was supported by one-fifth of a quorum, so a recorded vote
was ordered.
The vote was taken by electronic device.
Yeas
390
It was decided in the
Nays
11
<3-line {>
affirmative
Answered present
7
para.113.52
[Roll No. 428]
So the motion to lay the resolution on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
____________________
point of order
(para.114.4)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 25, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Volkmer], during one minute speeches, and
said:
``The gentleman [Mr. Volkmer] is referring to matters before the
Committee on Standards of Official Conduct, which is explicitly against
the House rules.''.
The Speaker pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair sustains the point of order, and the gentleman [Mr.
Volkmer] must proceed in order.''.
____________________
point of order
(para.114.5)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
If a Member persists in indecorous speech despite repeated admonitions
from the Chair, the Chair may put to the House the question whether the
Member may proceed in order.
On September 25, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Volkmer], and said:
``Mr. Speaker, at what point does the Chair decide that these
scurrilous attacks on personalities and this abuse of the House rules
becomes so out of order that people are asked to take their seat?''.
The Speaker pro tempore, Mr. CAMP, sustained the point of order, and
said:
``As stated on September 8 by the Chair, at some point the Chair will
put it to the entire House to determine whether Members who continually
violate the rules will continue to proceed in order.''.
____________________
point of order
(para.114.6)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 25, 1996, Mr. CHRYSLER, made a point of order during the
remarks of the gentleman [Mr. Lewis of Georgia] during one minute
speeches, and said:
``Mr. Speaker, referring to matters before the Ethics Committee, which
is specifically forbidden in the House rules, is my point of order.''.
The Speaker pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair will reiterate the principle in this matter. The Chair
will repeat the admonitions of the Chair from June 26, 1996, September
12, September 17, and September 24.
``It is an essential rule of decorum in debate that Members should
refrain from reference in debate to the conduct of other Members, where
such conduct is not the question actually pending before the House, by
way of a report from the Committee on Standards of Official Conduct or
by way of another question of the privileges of the House.
``This principle is documented on pages 168 and 526 of the House Rules
Manual, and reflects the consistent rulings of the Chair in this and in
prior Congresses and applies to 1-minute and special order speeches.
``The fact that a resolution has been noticed pursuant to rule IX does
not permit such references where that resolution is not actually
pending.
``Neither the filing of a complaint before the Committee on Standards
of Official Conduct, nor the publication in another forum of charges
that are personally critical of another Member, justify the references
to such charges on the floor of the House. This includes references to
the motivations of Members who file complaints and to members of the
Committee on Standards of Official Conduct.
``As cited on page 526 of the Manual, this also includes references to
concluded investigations of sitting Members by the Standards Committee
(July 24, 1970). Clause 1 of rule XIV is a prohibition against engaging
in personality in debate. It derives from article I, section 5 of the
Constitution, which authorizes each House to make its own rules, and to
punish its Members for disorderly behavior, and has been part of the
rules of the House in some relevant form since 1789. This rule
supersedes any claim of a Member to be free from questioning from any
other place.
``On January 27, 1909, the House adopted a report that stated the
following: `It is the duty of the House to require its Members in speech
or debate, to preserve that proper restraint which will permit the House
to conduct its business in an orderly manner and without unnecessarily
and unduly exciting animosity among its Members,' from Cannon's
Precedents, Volume VIII, at section 2497. This report was in response to
improper references in debate to the President, but clearly reiterated a
principle that all occupants of the Chair in this and in prior
Congresses have held to be equally applicable to Members' remarks in
debate toward the Speaker and each other.
``The Chair asks and expects the cooperation of all Members in
maintaining a level of decorum that properly dignifies the proceedings
of the House.
``The gentleman [Mr. Lewis of Georgia] may proceed in order.''.
____________________
point of order
(para.114.7)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 25, 1996, Mr. CHRYSLER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, he is referring to matters that are before the Ethics
Committee which are specifically forbidden in the House rules, is my
point of order.''.
Mr. LEWIS of Georgia was recognized to speak to the point of order and
said:
``Let me say to the gentleman [Mr. Chrysler] from the other side,
there comes a time when an injustice is so great, when you must even
challenge the rule to demonstrate that injustice. I know the gentleman
from the other side and the Members from the other side would not like
this report to come out.''.
The Speaker pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair again sustains the point of order, and the gentleman [Mr.
Lewis of Georgia] will proceed in order.''.
____________________
[[Page 2834]]
point of order
(para.114.8)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 25, 1996, Mr. CHRYSLER, made a point of order during the
remarks of the gentlewoman [Ms. DeLauro], during one minute speeches,
and said:
``Mr. Speaker, the gentlewoman [Ms. DeLauro] is violating House rules
by referring to matters before the Ethics Committee which are
specifically forbidden by House rules.''.
The Speaker pro tempore, Mr. CAMP, sustained the point of order, and
said:
``The Chair will sustain the point of order, and asks the gentlewoman
to proceed in order.''.
____________________
point of order
(para.114.9)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 25, 1996, Mr. CHRYSLER, made a point of order during the
remarks of the gentlewoman [Mrs. Schroeder] during one minute speeches,
and said:
``Mr. Speaker, the gentlewoman [Mrs. Schroeder] is violating House
rules by referring to matters before the Ethics Committee which are
specifically forbidden in House rules.''.
Mrs. SCHROEDER was recognized to speak to the point of order and said:
``My question is, what does this House do when not only just a regular
Member of the House but the chief officer of the House, the third in
line for the presidency, has these serious charges and we cannot see
them even though they were publicly funded? Why can we not discuss them
on this House floor and why are we told we must go outside to discuss
them as we had to do Medicare cuts?''.
The Speaker pro tempore, Mr. CAMP, sustained the point of order, and
said:
``For reasons previously stated, the Chair sustains the point of order
and asks the gentlewoman to proceed in order.''.
____________________
point of order
(para.115.5)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 26, 1996, Mr. HOKE, made a point of order during the
remarks of the gentleman [Mr. Pomeroy] during one minute speeches, and
said:
``Mr. Speaker, I make the point of order that discussion of the House
Ethics Committee's proceedings on the floor of the House is not in order
in the House. Is that correct?''.
The Speaker pro tempore, Mr. GOODLATTE, sustained the point of order,
and said:
``The Chair sustains the point of order. The gentleman [Mr. Pomeroy]
may proceed in order.''.
____________________
point of order
(para.115.6)
Under clause 1 of rule XIV a Member may not display a communicative
lapel button while under recognition for debate.
On September 26, 1996, Mr. HOKE, made a further point of order during
the further remarks of the gentleman [Mr. Pomeroy], and said:
``Mr. Speaker, I make a further point of order that the House rules
provide that buttons may not be worn at the time that speeches are made
on the floor of the House.''.
The Speaker pro tempore, Mr. GOODLATTE, sustained the point of order,
and said:
``The Chair sustains the point of order. The gentleman should remove
the button.''.
____________________
point of order
(para.115.35)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On September 26, 1996, Mr. THOMAS, made a point of order during the
remarks of the gentleman [Mr. Barrett of Wisconsin], and said:
``Mr. Speaker, the gentleman [Mr. Barrett of Wisconsin] is not
speaking to the legislation in front of us, and he knows it.''.
Mr. BARRETT of Wisconsin was recognized to speak to the point of order
and said:
``I am tying this into the reforms that are going on in this body. The
previous speaker spoke to the many reforms that he thought were
necessary. I acknowledge that there are reforms that are necessary. I
also think that this is very consistent with those reforms and whether
we have reform in this body.''.
The Speaker pro tempore, Mr. GUTKNECHT, sustained the point of order,
and said:
``The gentleman [Mr. Barrett of Wisconsin] should confine his remarks
to the subjects contained with this bill. The Chair sustains the point
of order.''.
____________________
point of order
(para.115.36)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
The rule of relevance in debate is normally enforced by point of order
from the floor rather than on the initiative of the Chair.
On September 26, 1996, Mr. FAZIO, made a point of order during the
further remarks of the gentleman [Mr. Barrett of Wisconsin], and said:
``Mr. Speaker, a number of Members have spoken on the issue of reform,
as it has come before the body during this entire Congress. Speakers who
proceeded the gentleman [Mr. Barrett of Wisconsin] have certainly
strayed from the subject of this bill. They have talked about a range of
legislation. To allow the gentleman [Mr. Barrett of Wisconsin] to
proceed would only be fair in light of what has happened in prior
discussion of this legislation.''.
The Speaker pro tempore, Mr. GUTKNECHT, responded to the point of
order, and said:
``Points of order were not made concerning the statements that were
made previously. A point of order was made at this particular point.
``Under the precedents, the Chair does not take the initiative
regarding relevancy of debate. The point of order was raised by the
gentleman [Mr. Thomas].''.
Mr. BARRETT of Wisconsin was recognized to speak to the point of order
and said:
``Mr. Speaker, I think that this is very relevant because I think that
the issue here is whether Members who have been accused of committing
crimes or have been convicted of committing crimes can--.''.
The Speaker pro tempore, Mr. GUTKNECHT, responded, and said:
``The Chair has ruled. The gentleman [Mr. Barrett of Wisconsin] will
confine his remarks to subjects in this bill.''.
____________________
point of order
(para.115.37)
Under clause 1 of rule XIV, debate must be confined to the question
under consideration.
On September 26, 1996, Mr. THOMAS, made a point of order during the
further remarks of the gentleman [Mr. Barrett of Wisconsin], and said:
``Mr. Speaker, the gentleman [Mr. Barrett of Wisconsin] well knows the
Speaker ruled that out of order, yet he continued to read. The comity of
the House is threatened by the gentleman [Mr. Barrett of Wisconsin], yet
he speaks of potential crimes. And he does it by willfully violating the
rules of the House.''.
Mr. BARRETT of Wisconsin was recognized to speak to the point of order
and said:
``Again, my whole point here is I think that this is a good bill. I
support this bill. In fact, I am a cosponsor of a similar version of
this bill. I think that we should pass this legislation.
[[Page 2835]]
``My point, in a generic sense, is that we as a body have to make sure
that we police ourselves as well. And to police ourselves as well means
that we have to disclose reports that we have paid for. Why would we
spend $500,000 on a report and not release it to the public? That is my
only point.''.
The Speaker pro tempore, Mr. GUTKNECHT, sustained the point of order,
and said:
``The point of order is sustained. The gentleman [Mr. Barrett of
Wisconsin] will confine his remarks to the bill before the House.''.
____________________
privileges of the house--return of senate bill
(para.116.19)
A resolution asserting that a Senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
House to originate such bills gives rise to a question of the privileges
of the House under rule IX. The House returned to the Senate a Senate-
passed bill providing that a newly established foundation be exempt from
federal taxation.
On September 27, 1996, Mr. ARCHER rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 545):
Resolved, That the bill of the Senate (S. 1311) entitled
the ``National Physical Fitness and Sports Foundation
Establishment Act'', in the opinion of this House,
contravenes the first clause of the seventh section of the
first article of the Constitution of the United States and is
an infringement of the privileges of this House and that such
bill be respectfully returned to the Senate with a message
communicating this resolution.
The Speaker pro tempore, Mr. NEY, ruled that the resolution submitted
did present a question of the privileges of the House under rule IX, and
recognized Mr. ARCHER for thirty minutes.
After debate,
On motion of Mr. ARCHER, the previous question was ordered on the
resolution to its adoption or rejection.
The question being put, viva voce,
Will the House agree to said resolution?
The Speaker pro tempore, Mr. NEY, announced that the yeas had it.
So the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
____________________
point of order
(para.117.26)
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 28, 1996, Mr. WALKER, made a point of order during the
remarks of the gentleman [Mr. Bonior], and said:
``The gentleman in the well is engaging in debate which is beyond the
rules of the House in that he is discussing matters that are presently
active before the Ethics Committee.''.
Mr. BONIOR was recognized to speak to the point of order and said:
``This resolution, Mr. Speaker, is about what happens to the House
after the House of Representatives adjourns. Clearly, the issue which I
am addressing is important in resolving that question. The Speaker of
the House has traditionally, under the resolutions of recent years, been
able to call us back into session is indeed there was a national or
international emergency to do so. However, the agreement was reached in
terms of giving the Speaker that power. It seems to me with the cloud
hanging over the head of this institution because of the alleged
violations by the Speaker on tax fraud and misleading the committee and
other issues, that in fact the committee has just today broadened in
terms of its interest in GOPAC.
``Mr. Speaker, I am trying to make the point that this resolution is
about the Speaker's authority to bring us back.
``We are attempting to amend that particular resolution in order,
because the Speaker is at question here on a very important point.
``In order to trigger the House back into session, if indeed the
special counsel issues its report to the Committee on Standards of
Official Conduct, it is entirely within the scope of the discussion that
we are having on this particular rule.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``Matters pending before the Committee on Standards of Official
Conduct regarding the official conduct of sitting Members may not be
debated on the House floor if there is not pending a question of the
privileges of the House. This has been the consistent ruling of the
Chair in this and prior Congresses.
``The fact that the committee may have issued an interim status report
does not justify such references in debate. This also includes
references to proposed House action on and scheduling of matters
relating to the conduct of Members.
``The gentleman [Mr. Bonior] may proceed in order.''.
____________________
point of order
(para.117.27)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
On September 28, 1996, Mr. VOLKMER, in response to the Chair's ruling
on the gentleman's [Mr. Walker] point of order, made a further point of
order, and said:
``Mr. Speaker, according to the resolution presently pending before
the House that, in the event that the Committee on Standards of Official
Conduct would make a full report to the House subsequent to adjournment
sine die, and in that report would either call for the resignation,
reprimand, or expulsion of the Speaker, that this House, under this
resolution, would not be able to come back in and take up that report.
``Now, the debate is, correct me if I am wrong, I think the debate is
whether or not this resolution should be amended as to whether or not
the House should be able to come back in to take up such a report and
take action on that report.
``No, what my point of order is, is the Chair now saying we cannot
discuss the aspect of this resolution that is pending before the
House?''.
The SPEAKER pro tempore, Mr. BURTON, responded to the point of order,
and said:
``The question is not necessarily merely one of relevance. The
question is one of personalities and decorum in debate. Members must
avoid personalities within the meaning of rule XIV and the precedents
thereunder.''.
The SPEAKER pro tempore, Mr. BURTON, directed the gentleman [Mr.
Bonior] to proceed in order.
____________________
point of order
(para.117.28)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Bonior], and said:
``The gentleman is referring to matters appropriately before the
Committee on Standards of Official Conduct, and he is explicitly out of
order.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the point of order, and personal references to
the Speaker are out of order.
``The gentleman [Mr. Bonior] may proceed in order.''.
____________________
[[Page 2836]]
point of order
(para.117.29)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
remarks of the gentlewoman [Ms. DeLauro], and said:
``Mr. Speaker, the gentlewoman is referring to matters before the
Committee on Standards of Official Conduct, and she is specifically
ignoring the rules of the House.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the point of order. The gentlewoman [Ms. DeLauro]
must proceed in order.''.
____________________
point of order
(para.117.30)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentlewoman [Ms. DeLauro], and said:
``Mr. Speaker, further point of order. The gentlewoman is now
referring to matters before the Committee on Standards of Official
Conduct with respect to the outside counsel and she is explicitly
ignoring the rules of the House.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair again sustains the point of order and requests the
gentlewoman [Ms. DeLauro] in the well to proceed in order.''.
____________________
point of order
(para.117.31)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. SOLOMON, made a point of order during the
further remarks of the gentlewoman [Ms. DeLauro], and said:
``Mr. Speaker, this is not an adjournment resolution. The gentlewoman
is out of order.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``For reasons previously stated, the Chair sustains the gentleman's
point of order.''.
____________________
point of order
(para.117.32)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Bonior], and said:
``The gentleman is referring to matters before the Committee on
Standards of Official Conduct. He is ignoring the House rules one more
time. At what point, Mr. Speaker, do we go back to regular order, to
obeying the House rules so we can conduct our business?''.
Mr. BONIOR was recognized to speak to the point of order and said:
``Mr. Speaker, I did not interrupt the gentleman from Florida [Mr.
Goss] when he made point of order reference to the work that he was
doing in the subcommittee, because I thought it was important for this
body to hear.
``I merely cite point of order citation of the report that they made
Thursday to make this point: And that is that the people of the sixth
district of Georgia have a right to know what this body and what the
outside counsel will determine on a candidate who is running for office
in that district. And it is wrong for this body and this institution to
adjourn and to give the authority to adjourn to the person whose case is
before this body.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the gentleman's [Mr. Linder] point of order
against the gentleman from Michigan's [Mr. Bonior] remarks. The time of
the gentleman has expired.''.
____________________
point of order
(para.117.33)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct, which is explicitly
forbidden by House rules.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair will sustain the gentleman's [Mr. Linder] point of order.
The gentleman [Mr. Lewis of Georgia] in the well will proceed in
order.''.
Mr. LEWIS of Georgia was recognized to speak to the point of order and
said:
``Mr. Speaker, this is unbelievable. This is unreal. This is out of
the ordinary. Why can't a Member, all of the Members, not read from a
report of a standing committee of this body?
``I would like to continue, because I believe we have a mandate, a
mission, and a moral obligation.''.
The SPEAKER pro tempore, Mr. BURTON, responded, and said:
``The Chair has sustained the point of order, and the gentleman [Mr.
Lewis of Georgia] may proceed in order on his own time.''.
____________________
point of order
(para.117.34)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``The gentleman is continuing to refer to matters in spite of recent
admonitions by the Chair that he is not complying with the House rules.
He continues to abuse the House rules referring to matters before the
Committee on Standards of Official Conduct.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair sustains the point of order.''.
____________________
point of order
(para.117.35)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
It is a breach of decorum in debate to refer to the official conduct of
a Member where that conduct is not presently under consideration in the
House by way of a report of the Committee on Standards of Official
Conduct or another question of the privileges of the House.
The House laid on the table an appeal from the ruling of the Speaker pro
tempore.
On September 28, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, the gentleman is referring to matters before the
Committee on Standards of Official Conduct one more time. This is the
third or fourth admonition by the Chair. Apparently, he does not
understand the rules. Would you please explain them one more time?''.
Ms. JACKSON-LEE was recognized to speak to the point of order and
said:
``Mr. Speaker, what I am having difficulty in understanding from the
gentleman from Georgia [Mr. Linder], the document that the gentleman
from Georgia [Mr. Lewis] in the well is
[[Page 2837]]
speaking about is a public document, and I am trying to understand, Mr.
Speaker, why there would be any ruling that would disagree with any
Member being allowed to be in the well of the House speaking to a public
document and requesting a procedural amendment while we are in the midst
of discussing an adjournment resolution.
``I believe that the gentleman [Mr. Lewis] is appropriate in his
remarks.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair is prepared to rule. The Chair will repeat the prior
ruling. Matters pending before the Committee on Standards of Official
Conduct regarding the official conduct of sitting Members may not be
debated on the floor where there is not pending a question of the
privileges of the House.
``This has been the consistent ruling of the Chair in this and prior
Congresses. The fact that the committee may have issued an interim
status report does not justify such references in debate. This also
includes references to proposed House action on scheduling of matters
relating to the conduct of Members.
``The gentleman [Mr. Lewis of Georgia] may proceed in order.''.
Mr. HEFNER appealed the ruling of the Chair.
The question being put, viva voce,
Will the decision of the Chair stand as the judgment of the House?
Mr. WALKER moved to lay the appeal on the table.
The question being put, viva voce,
Will the House lay on the table the appeal of the ruling of the Chair?
The SPEAKER pro tempore, Mr. BURTON, announced that the yeas had it.
So the motion to lay the appeal on the table was agreed to.
A motion to reconsider the vote whereby said motion was agreed to was,
by unanimous consent, laid on the table.
The SPEAKER pro tempore, Mr. BURTON, directed the gentleman from
Georgia [Mr. Lewis] to proceed in order.
____________________
point of order
(para.117.36)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``Mr. Speaker, I reassert my same point of order. The gentleman [Mr.
Lewis of Georgia] is referring to matters before the Committee on
Standards of Official Conduct.''.
Mrs. JOHNSON of Connecticut was recognized to speak to the point of
order and said:
``I would like to remind the Members of this House on both sides of
the aisle that rules adopted under the Democrats when they were in the
majority, supported by Democrats and Republicans alike, govern the work
of the Committee on Standards of Official Conduct and require that its
work be made public.
``And if the House will have the courage and the civility to let us
complete our work, we will complete our work, the matter will be made
public, and the Committee on Standards of Official Conduct will hold
every Member of this House to those standards.''.
Mrs. SCHROEDER was recognized to speak to the point of order and said:
``Mr. Speaker, the gentleman from Georgia [Mr. Lewis of Georgia] is
making a point that this Speaker has violated those bipartisan rules, or
has been accused of that, and that we have been waiting for 2 years, 2
years for this committee to act.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The Chair is prepared to rule on the point of order.
``The point of order of the gentleman from Georgia [Mr. Lewis of
Georgia] is sustained. The gentleman [Mr. Lewis] in the well from
Georgia must proceed in order.''.
____________________
point of order
(para.117.37)
It is not in order in debate to refer to matters of official conduct
pending before the Committee on Standards of Official Conduct.
On September 28, 1996, Mr. LINDER, made a point of order during the
further remarks of the gentleman [Mr. Lewis of Georgia], and said:
``The gentleman [Mr. Lewis of Georgia] in the well is making
characterizations of allegations that are nowhere in any reports that
anyone knows of. He is characterizing the Speaker and he is out of
order.''.
The SPEAKER pro tempore, Mr. BURTON, sustained the point of order, and
said:
``The gentleman in the well from Georgia must proceed in order.''.
____________________
privileges of the house--return of senate bill
(para.117.84)
A resolution asserting that a Senate-passed bill contains provisions
raising revenue in derogation of the constitutional prerogative of the
House to originate such bills gives rise to a question of the privileges
of the House under rule IX. The House returned to the Senate a Senate
amendment to a House bill deeming the receipt of consideration for
certain land transfers to be tax-free, contrary to the treatment of such
transfers under existing tax law.
On September 28, 1996, Mr. CRANE rose to a question of the privileges
of the House and submitted the following resolution (H. Res. 554):
Resolved, That the Senate amendment to the bill (H.R. 400)
entitled the ``Anaktuvuk Pass Land Exchange and Wilderness
Redesignation Act of 1995'', in the opinion of this House,
contravenes the first clause of the seventh section of the
first article of the Constitution of the United States and is
an infringement of the privileges of this House and that such
bill with the Senate amendment thereto be respectfully
returned to the Senate with a message communicating this
resolution.
After debate,
On motion of Mr. CRANE, the previous question was ordered on the
resolution to its adoption or rejection, and under the operation
thereof, the resolution was agreed to.
A motion to reconsider the vote whereby said resolution was agreed to
was, by unanimous consent, laid on the table.
Ordered, That the Clerk notify the Senate thereof.
____________________
.
SUBPOENAS RECEIVED PURSUANT TO RULE L
On January 22, 1996, the SPEAKER pro tempore, Mr. EVERETT, laid before
the House a communication, which was read as follows:
Congress of the United States,
Washington, DC, January 3, 1996.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol, Washington, DC.
Dear Mr. Speaker: Pursuant to Rule L (50) of the Rules of
the House of Representatives, this is to formally notify you
that Thomas B. Boutall of my district office in Fairview
Park, Ohio, has been served with a subpoena that was issued
by the Cuyahoga County Court of Common Pleas (Ohio) in the
matter of Nix v. Hill.
After consultation with the Office of General Counsel, it
has been determined that compliance with the subpoena is
consistent with the precedents and privileges of the U.S.
House of Representatives.
Very truly yours,
Martin R. Hoke,
Member of Congress.
____________________
On January 31, 1996, the SPEAKER pro tempore, Mr. HAYWORTH, laid
before the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, January 22, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Meredith Cooper, my Chief of Staff, Royal Hart, my
Deputy Chief of Staff, and the custodian of the records in my
Washington office, have all been served with grand jury
subpoenas duces tecum issued by the U.S. District Court for
the Eastern District of Michigan.
After consultation with the Office of General Counsel, I
have determined that compli
[[Page 2838]]
ance with the subpoenas is consistent with the precedents and
privileges of the House.
Sincerely,
Barbara-Rose Collins.
____________________
On February 6, 1996, the SPEAKER pro tempore, Mr. MORELLA, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, February 2, 1996.
Hon. Newt Gingrich,
Speaker of the House,
The Capitol
Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Matt Felber, District Scheduler in my Fairview Park.
Ohio office has been served with a subpoena issued by the
Cuyahoga County, Ohio Court of Common Pleas in the case of
Nix v. Hill.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Kindest personal regards.
Very truly yours,
Martin R. Hoke,
Member of Congress.
____________________
On March 5, 1996, the SPEAKER pro tempore, Mr. ROGERS, laid before the
House a communication, which was read as follows:
Office of the Clerk,
U.S. House of Representatives,
Washington, DC, February 27, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court for Baltimore City, Maryland. This subpoena relates to
her employment by former Representative Kweisi Mfume.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Robin H. Carle,
Clerk of the House.
____________________
On March 12, 1996, the SPEAKER pro tempore, Mr. CAMP, laid before the
House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 1, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court of Cook County, Illinois.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
John Edward Porter.
____________________
On March 12, 1996, the SPEAKER pro tempore, Mr. CAMP, laid before the
House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, March 7, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Woody Stickles, District Staff Assistant in my
Clarksville, Tennessee office, has been served with a
subpoena issued by the Montgomery County, Tennessee Circuit
Court in the case of Irvin v. Tennessee Management Co.
After consultation with the Office of the General Counsel,
I have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Ed Bryant.
____________________
On March 27, 1996, the SPEAKER pro tempore, Mr. ROGERS, laid before
the House a communication, which was read as follows:
Washington, DC,
March 27, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that I, as custodian of records for the Office of the Clerk,
U.S. House of Representatives, have been served with three
grand jury subpoenas duces tecum issued by the U.S. District
Court for the Eastern District of Michigan.
After consultation with the Office of General Counsel, I
have determined that the Clerk's Office has no documents
responsive to the subpoenas. Through counsel, I will so
notify the appropriate Assistant U.S. Attorney.
Sincerely,
Robin H. Carle,
Clerk of the House of Representatives.
____________________
On March 29, 1996, the SPEAKER pro tempore, Mr. GUTKNECHT, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, March 26, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, The Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the United
States District Court for the District of Columbia. This
subpoena relates to her employment by a former Member of the
House.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and procedures of the House.
With kindest personal regards,
Sincerely,
Kenneth E. Bentsen, Jr.,
Member of Congress.
____________________
On April 16, 1996, the SPEAKER pro tempore, Mr. CAMP, laid before the
House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, April 4, 1996.
Hon. Newt Gingrich,
Speaker of the House, The Capitol, Washington, DC.
Dear Mr. Speaker: this is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that four members of my Albuquerque District Office have been
served with subpoenas issued by the Second Judicial District
Court (Bernalillo County, New Mexico) in the case of New
Mexico v. Martin.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Steven Schiff.
____________________
On April 18, 1996, the SPEAKER pro tempore, Mr. PETRI, laid before the
House a communication, which was read as follows:
U.S. House of Representatives,
April 15, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This letter notifies you, pursuant to
Rule L [50] of the Rules of the House of Representatives,
that a subpoena issued by the U.S. District Court for the
District of Colorado in the case of United States v. Abbey
was mailed to me at my Westminster, Colorado, district
office.
I have been advised by the Office of the General Counsel of
the House that the method of service of the subpoena did not
comply with Rule 17(d) of the Federal Rules of Criminal
Procedure. I have asked the Office of General Counsel to so
advise the attorney who mailed the subpoena to me.
Sincerely yours,
David E. Skaggs.
____________________
On April 18, 1996, the SPEAKER pro tempore, Mr. TAYLOR of North
Carolina, laid before the House a communication, which was read as
follows:
House of Representatives,
Committee on Appropriations,
Washington, DC, April 18, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that my committee
has been served with a subpoena issued by the United States
District Court for the District of Columbia.
After consultation with the General Counsel, I will make
the determinations required by the Rule.
Sincerely,
Bob Livingston,
Chairman.
____________________
On May 14, 1996, the SPEAKER pro tempore, Mr. COMBEST, laid before the
House a communication, which was read as follows:
Congress of the United States,
Committee on Appropriations,
Washington, DC, May 10, 1996.
Hon. Newt Gingrich,
The Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules
[[Page 2839]]
of the House of Representatives, that Jim Dyer, currently the
staff director of the Appropriations Committee and formerly a
staff assistant for Congressman Joseph McDade of
Pennsylvania, has been served with a subpoena issued by the
U.S. District Court for the Eastern District of Pennsylvania
in the case of United States versus McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bob Livingston,
Chairman.
____________________
On May 15, 1996, the SPEAKER pro tempore, Mr. NEY, laid before the
House a communication, which was read as follows:
Dear Mr. Speaker: This to formally notify you pursuant to
Rule L (50) of the Rules of the House that an Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scott M. Faulkner,
Chief Administrative Officer.
____________________
On May 20, 1996, the SPEAKER pro tempore, Mr. LAUGHLIN, laid before
the House a communication, which was read as follows:
House of Representatives,
Washington, DC, May 17, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Superior
Court of California, County of San Diego.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Duncan Hunter,
Member of Congress.
____________________
On May 22, 1996, the SPEAKER pro tempore, Mr. HOBSON, laid before the
House a communication, which was read as follows:
U.S. Congress,
House of Representatives,
Washington, DC, May 21, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House, that I have been
served with a subpoena issued by the County Court of El Paso
County, Colorado.
After consultation with the General Counsel, I will make
the determinations required by the Rule.
Sincerely,
Scott McInnis,
Member of Congress.
____________________
On May 22, 1996, the SPEAKER pro tempore, Mr. WALKER, laid before the
House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, May 13, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Michael Russen, a Field Representative in my Scranton,
Pennsylvania District Office has been served with a subpoena
issued by the U.S. District Court for the Eastern District of
Pennsylvania in the case of United States v. McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Joseph M. McDade,
Member of Congress.
____________________
On June 10, 1996, the SPEAKER pro tempore, Mr. COBLE, laid before the
House a communication, which was read as follows:
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the
Superior Court of the District of Columbia.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scot M. Faulkner.
____________________
On June 13, 1996, the SPEAKER pro tempore, Mr. JONES, laid before the
House a communication, which was read as follows:
House of Representatives,
Committee on House Oversight,
Washington, DC, June 10, 1996.
Hon. Newt Gingrich,
Speaker, of the House of Representatives, the Capitol,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the House
Franking Commission has been served with a subpoena issued by
the United States District Court for the Eastern District of
Michigan.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Bill Thomas, Chairman.
____________________
On June 13, 1996, the SPEAKER pro tempore, Mr. JONES, laid before the
House a communication, which was read as follows:
Office of the Chief Administrative Officer, House of
Representatives,
Washington, DC, June 12, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that the Office of
Finance has been served with a subpoena issued by the United
States District Court for the Eastern District of Michigan.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scot M. Faulkner.
____________________
On July 9, 1996, the SPEAKER pro tempore, Mr. SHAW, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, July 8, 1996.
Hon. Newt Gingrich,
Speaker of the House, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House, that the office of
Congressman Bill Young has been served with a subpoena issued
by the United States District Court for the Middle District
of Florida.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the privileges and precedence of the House.
With best wishes and personal regards, I am
Very truly yours,
C.W. Bill Young,
Member of Congress.
____________________
On July 10, 1996, the SPEAKER pro tempore, Mr. EWING, laid before the
House a communication, which was read as follows:
House of Representatives,
Washington, DC, July 9, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Teresa Baker, a Senior Legislative Assistant in my
Washington Office, has been served with a subpoena issued by
the U.S. District Court for the Eastern District of
Pennsylvania in the case of United States v. McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Joseph M. McDade,
Member of Congress.
____________________
On July 10, 1996, the SPEAKER pro tempore, Mr. EWING, laid before the
House a communication, which was read as follows:
Office of the Clerk,
House of Representatives,
Washington, DC, July 9, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that Michael L.
Stern of the Office of General Counsel has been served with a
subpoena for records issued by the United States District
Court for the Northern District of Illinois.
After consultation with the Office of General Counsel, I
have determined that compli
[[Page 2840]]
ance with the subpoena is consistent with the privileges and
precedents of the House.
With warm regards,
Robin H. Carle,
Clerk.
____________________
On July 10, 1996, the SPEAKER pro tempore, Mr. CAMPBELL, laid before
the House a communication, which was read as follows:
U.S. House of Representatives,
Committee on Appropriations,
Washington, DC, July 10, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Jim Dyer, currently the staff director of the
Appropriations Committee and formerly a staff assistant for
Congressman Joseph McDade of Pennsylvania, has been served
with a subpoena issued by the U.S. District court for the
Eastern District of Pennsylvania in the case of U.S. v.
McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bob Livingston,
Chairman.
____________________
On July 10, 1996, the SPEAKER pro tempore, Mr. CAMPBELL, laid before
the House a communication, which was read as follows:
U.S. House of Representatives,
Committee on Appropriations,
Washington, DC, July 10, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to notify you formally, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Deborah Weatherly, currently a staff assistant of the
Appropriations Committee and formerly a staff assistant for
Congressman Joseph McDade of Pennsylvania, has been served
with a subpoena issued by the U.S. District court for the
Eastern District of Pennsylvania in the case of U.S. v.
McDade.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
Bob Livingston,
Chairman.
____________________
On July 30, 1996, the SPEAKER pro tempore, Mr. LaTOURETTE, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, July 25, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that the custodian of records in my Washington office has
been served with a grand jury subpoena duces tecum issued by
the U.S. District Court for the Eastern District of Michigan.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena may be
consistent with the precedents and privileges of the House
with respect to some documents sought by the subpoena, but
that the subpoena may seek other documents that are
privileged from production by the Speech or Debate Clause of
the Constitution.
Sincerely,
Barbara-Rose Collins,
Member of Congress.
____________________
On August 1, 1996, the SPEAKER pro tempore, Mr. FORBES, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, July 31, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Doug Thompson, Legislative Director in my Washington,
D.C. office, has been served with a subpoena issued by the
Superior Court of the District of Columbia in the matter of
Johnson, et al. v. Public Housing Authorities Directors
Association, et al.
After consultation with the Office of General Counsel, I
have determined that compliance with the subpoena is
consistent with the precedents and privileges of the House.
Sincerely,
John Tanner,
Member of Congress.
____________________
On September 4, 1996, the SPEAKER pro tempore, Mr. WICKER, laid before
the House a communication, which was read as follows:
Chief Administrative Officer,
U.S. House of Representatives,
Washington, DC, August 22, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the United States District
Court for the Northern District of Illinois.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Scot W. Faulkner,
Chief Administrative Officer.
____________________
On September 4, 1996, the SPEAKER pro tempore, Mr. WICKER, laid before
the House a communication, which was read as follows:
Congress of the United States,
U.S. House of Representatives,
Washington, DC, August 22, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that a member of my
staff has been served with a subpoena issued by the Circuit
Court for the Seventeenth Judicial Circuit for Broward
County, Florida.
After consultation with the General Counsel, I have
determined that compliance with the subpoena is consistent
with the privileges and precedents of the House.
Sincerely,
Peter Deutsch,
Member of Congress.
____________________
On September 4, 1996, the SPEAKER pro tempore, Mr. WICKER, laid before
the House a communication, which was read as follows:
U.S. House of Representatives,
August 27, 1996.
Hon. Newt Gingrich,
Speaker of the House, House of Representatives, Washington,
DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by Superior Court of Muscogee
County, Georgia.
After consultation with the General Counsel, I will make
determinations required by Rule L.
Sincerely,
Mac Collins,
Member of Congress.
____________________
On September 4, 1996, the SPEAKER pro tempore, Mr. WICKER, laid before
the House a communication, which was read as follows:
Congress of the United States,
House of Representatives,
Washington, DC, September 4, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you pursuant
to Rule L (50) of the Rules of the House that I have been
served with a subpoena issued by the District Court of the
Eighteenth Judicial District for Sedgwick County, Kansas.
I am consulting with the General Counsel to determine
whether compliance with the subpoena is consistent with the
privileges and precedents of the House.
Sincerely,
Todd Tiahrt,
U.S. Congressman.
____________________
On September 18, 1996, the SPEAKER pro tempore, Mr. McINNIS, laid
before the House a communication, which was read as follows:
U.S. House of Representatives,
Committee on Commerce,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that Reid Stuntz, currently the minority general counsel of
the Committee on Commerce and formerly the staff director and
chief counsel for the Subcommittee on Oversight and
Investigations for the Committee on Energy and Commerce, has
been served with a subpoena issued by the U.S. District Court
for the District of Columbia in the matter of United States
v. Jeffrey M. Levine, Cr. No. 94-034.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
Thomas J. Bliley, Jr.
____________________
[[Page 2841]]
On September 18, 1996, the SPEAKER pro tempore, Mr. McINNIS, laid
before the House a communication, which was read as follows:
U.S. House of Representatives,
Committee on Commerce,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that a trial subpoena (for documents and testimony) issued by
the U.S. District Court for the District of Columbia in the
matter of United States v. Jeffrey M. Levine, Cr. No. 94-034,
has been served on me.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
Thomas J. Bliley, Jr.
____________________
On September 18, 1996, the SPEAKER pro tempore, Mr. McINNIS, laid
before the House a communication, which was read as follows:
U.S. House of Representatives,
Committee on Commerce,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that a trial subpoena (for documents and testimony) issued by
the U.S. District Court for the District of Columbia in the
matter of United States v. Jeffrey M. Levine, Cr. No. 94-034,
has been served on me as custodian of records for the
Subcommittee on Oversight and Investigations of the Committee
on Commerce.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
Thomas J. Bliley, Jr.
____________________
On September 18, 1996, the SPEAKER pro tempore, Mr. McINNIS, laid
before the House a communication, which was read as follows:
House of Representatives,
Washington, DC, September 18, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives, Washington, DC.
Dear Mr. Speaker: This is to formally notify you, pursuant
to Rule L (50) of the Rules of the House of Representatives,
that a subpoena (for documents and testimony) issued by the
U.S. District Court for the District of Columbia in the
matter of United States v. Jeffrey M. Levine, Cr. No. 94-034,
has been served on me.
After consultation with the Office of General Counsel, I
have determined that the subpoena appears not to be
consistent with the rights and privileges of the House and,
therefore, should be resisted.
Sincerely,
John D. Dingell,
Member of Congress.
____________________
[[Page 2843]]
HISTORY OF BILLS AND RESOLUTIONS
SPONSORS
----------------------
HOUSE BILLS
------------------------------------------------------------------------
H.R. 4--
A bill to restore the American family, reduce illegitimacy, control
welfare spending, and reduce welfare dependence.
Presidential veto message, [22JA]
Presidential veto message referred to the Committee on International
Relations, [22JA]
H.R. 26--
A bill to provide for return of excess amounts from official allowances
of Members of the House of Representatives to the Treasury for
deficit reduction; to the Committee on House Oversight.
Cosponsors added, [27FE], [15AP], [22JY]
H.R. 28--
A bill to require that the Federal Government procure from the private
sector the goods and services necessary for the operations and
management of certain Government agencies, and for other purposes;
to the Committee on Government Reform and Oversight.
Cosponsors added, [29MR], [15AP], [5SE]
H.R. 38--
A bill to eliminate the desparity between the periods of delay provided
for civilian and military retiree cost-of-living-adjustments in the
Omnibus Budget Reconciliation Act of 1993; to the Committee on
National Security.
Cosponsors added, [24JA], [5JN], [3OC]
H.R. 40--
A bill to amend the Internal Revenue Code of 1986 with respect to the
deductibility of certain home office expenses; to the Committee on
Ways and Means.
Cosponsors added, [29MY], [30MY]
H.R. 42--
A bill to reauthorize the Ryan White Care Act of 1990, and for other
purposes; to the Committee on Commerce.
Cosponsors added, [22JA]
H.R. 43--
A bill to improve the regulation of explosives and explosive materials,
and to prevent the use of explosives against persons and the
unlawful use of explosives against property; to the Committee on the
Judiciary.
Cosponsors added, [4SE]
H.R. 44--
A bill to provide that certain service of members of the U.S. merchant
marine during World War II constituted active military service for
purposes of any law administered by the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
Cosponsors added, [6FE]
H.R. 52--
A bill to amend the Internal Revenue Code of 1986 to restore the 25
percent deduction for the health insurance costs of self-employed
individuals for 1994 and to provide a 100 percent deduction for such
costs beginning in 1995; to the Committee on Ways and Means.
Cosponsors added, [19MR], [6JN]
H.R. 57--
A bill to amend the Internal Revenue Code of 1986 to increase the dollar
limitation on the exclusion under section 911 of such Code; to the
Committee on Ways and Means.
Cosponsors added, [29MY]
H.R. 65--
A bill to amend title 10, United States Code, to permit retired members
of the Armed Forces who have a service-connected disability to
receive military retired pay concurrently with veterans' disability
compensation; to the Committee on National Security.
Cosponsors added, [23JA], [1FE], [29FE], [5MR], [13MR], [21MR],
[18AP], [9MY], [22MY], [13JN], [2AU], [11SE], [25SE], [10JY]
H.R. 72--
A bill imposing certain restriction and requirements on the leasing
under the Outer Continental Shelf Lands Act of lands offshore
Florida, and for other purposes; to the Committee on Resources.
Cosponsors added, [23AP], [11SE]
H.R. 78--
A bill to protect the right to obtain firearms for security, and to use
firearms in defense of self, family, or home, and to provide for the
enforcement of such right; to the Committee on the Judiciary.
Cosponsors added, [17JY], [26SE]
H.R. 94--
A bill entitled ``The Volunteer Firefighter and Rescue Squad Worker
Protection Act''; to the Committee on Economic and Educational
Opportunities.
Cosponsors removed, [18JN]
H.R. 95--
A bill to improve the interstate enforcement of child support and
parentage court orders, and for other purposes; to the Committees on
Ways and Means; Resources; Government Reform and Oversight; National
Security; International Relations; the Judiciary; Banking and
Financial Services; House Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [23JY]
H.R. 96--
A bill to amend section 1977A of the revised statutes to equalize the
remedies available to all victims of intentional employment
discrimination, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [23JY]
H.R. 98--
A bill to clarify the tax treatment of certain disability benefits
received by former police officers or firefighters; to the Committee
on Ways and Means.
Cosponsors added, [23JY]
H.R. 99--
A bill to amend the Internal Revenue Code of 1986 to provide for the tax
treatment of accelerated death benefits under life insurance
contracts; to the Committee on Ways and Means.
Cosponsors added, [16AP]
H.R. 103--
A bill to amend title 5, United States Code, to provide that the Civil
Service retirement and disability fund be excluded from the budget
of the U.S. Government; to the Committee on Government Reform and
Oversight.
Cosponsors added, [23JA], [1FE], [29FE], [5MR], [7MR], [13MR], [21MR],
[29MR], [18AP], [9MY], [16MY], [22MY], [5JN], [13JN], [30JY], [5SE],
[11SE], [19SE], [25SE], [27SE], [10JY]
H.R. 104--
A bill to prohibit the provision of financial assistance from the
Federal Government to any person who is more than 60 days delinquent
in the payment of any child support obligations; to the Committee on
Government Reform and Oversight.
Cosponsors added, [29FE], [11JY], [17JY], [18JY], [22JY], [10JY]
H.R. 109--
A bill to amend title 38, United States Code, to provide that the
effective date for discontinuance of compensation and pension paid
by the Secretary of Veterans Affairs shall be the date on which the
recipient dies, rather than the last day of the preceding month, in
the case of a veteran with a surviving spouse, and for other
purposes; to the Committee on Veterans' Affairs.
Cosponsors added, [23JA], [1FE], [29FE], [7MR], [18AP]
H.R. 118--
A bill to eliminate certain welfare benefits with respect to fugitive
felons and probation and parole violators, and to facilitate sharing
of information with police officers; to the Committees on Ways and
Means; Commerce; Agriculture; Banking and Financial Services, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [16AP], [12JN]
H.R. 123--
A bill to amend title 4, United States Code, to declare English as the
official language of the Government of the United States; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [15AP], [25AP], [8MY], [13JN], [5JA]
Reported with amendment (H. Rept. 104-723), [30JY]
Passed House amended, [1AU]
H.R. 125--
A bill to repeal the ban on semiautomatic assault weapons and the ban on
large capacity ammunition feeding devices; to the Committee on the
Judiciary.
Cosponsors added, [21MR]
Passed House amended, [22MR]
H.R. 127--
A bill to amend the Internal Revenue Code of 1986 to restore and make
permanent the exclusion for employer-provided educational
assistance; to the Committee on Ways and Means.
Cosponsors added, [17AP], [7MY], [16MY], [5JN], [13JN], [19SE]
H.R. 132--
A bill to amend the Internal Revenue Code of 1986 to provide a
refundable income credit for the recycling of hazardous wastes; to
the Committee on Ways and Means.
Cosponsors added, [26JN], [30JY]
H.R. 134--
A bill to suspend Federal education benefits to individuals convicted of
drug offenses; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [1FE]
H.R. 135--
A bill to prohibit a federally sponsored research pertaining to the
legalization of drugs; to the Committee on Government Reform and
Oversight.
Cosponsors added, [1FE]
[[Page 2844]]
H.R. 136--
A bill to require random drug testing within the executive branch of the
Government; to the Committee on Government Reform and Oversight.
Cosponsors added, [1FE]
H.R. 138--
A bill to amend the Controlled Substances Act to require that courts,
upon the criminal conviction under that act, notify the employer of
the convicted person; to the Committee on the Judiciary.
Cosponsors added, [24JA], [1FE]
H.R. 141--
A bill to amend the Anti-Drug Abuse Act of 1988 to eliminate the
discretion of the court in connection with the denial of certain
Federal benefits upon conviction of certain drug offenses; to the
Committee on the Judiciary.
Cosponsors added, [1FE]
H.R. 143--
A bill to require preemployment drug testing with respect to applicants
for Federal employment; to the Committee on Government Reform and
Oversight.
Cosponsors added, [24JA], [1FE]
H.R. 145--
A bill to amend title II of the Social Security Act so as to remove the
limitation upon the amount of outside income which an individual may
earn while receiving benefits thereunder; to the Committee on Ways
and Means.
Cosponsors added, [27JN]
H.R. 163--
A bill to amend title II of the Social Security Act to provide that an
individual's entitlement to any benefit thereunder shall continue
through the month of his or her death (without affecting any other
person's entitlement to benefits for that month) and that such
individual's benefit shall be payable for such month only to the
extent proportionate to the number of days in such month preceding
the date of such individual's death; to the Committee on Ways and
Means.
Cosponsors added, [23JA], [8MY], [1AU], [27JN]
H.R. 188--
A bill to amend title XVIII of the Social Security Act to permit direct
payment under the Medicare Program for services of registered nurses
as assistants at surgery; to the Committees on Commerce; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [16AP], [12JY]
H.R. 195--
A bill entitled ``Interstate Child Support Enforcement Act''; to the
Committees on Ways and Means; the Judiciary; Banking and Financial
Services; National Security; Economic and Educational Opportunities,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [10SE]
H.R. 205--
A bill to require the Federal Government to incarcerate or to reimburse
State and local governments for the cost of incarcerating criminal
aliens; to the Committee on the Judiciary.
Cosponsors added, [22JA]
H.R. 206--
A bill to amend title 10, United States Code, to provide that persons
retiring from the Armed Forces shall be entitled to all benefits
which were promised them when they entered the Armed Forces; to the
Committee on National Security.
Cosponsors added, [23AP], [30JY]
H.R. 209--
A bill to amend the National Foundation on the Arts and the Humanities
Act of 1965 to abolish the National Endowment for the Arts and
National Council on the Arts; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [15AP]
H.R. 210--
A bill to provide for the privatization of the United States Postal
Service; to the Committee on Government Reform and Oversight.
Cosponsors added, [11SE]
H.R. 211--
A bill to limit United States contributions to the United Nations; to
the Committee on International Relations.
Cosponsors added, [13FE]
H.R. 218--
A bill to amend title 18, United States Code, to exempt qualified
current and former law enforcement officers from State laws
prohibiting the carrying of concealed handguns; to the Committee on
the Judiciary.
Cosponsors added, [23JA], [24JA], [30JA], [1FE], [5MR], [19MR],
[26MR], [15AP], [17AP], [30AP], [10MY], [14MY], [21MY], [11JN],
[22JY], [24JY], [26SE], [27SE], [4OC]
H.R. 234--
A bill to amend title 11 of the United States Code to make
nondischargeable a debt for death or injury caused by the debtor's
operation of watercraft while intoxicated; to the Committee on the
Judiciary.
Rules suspended. Passed House, [4JN]
H.R. 240--
A bill to amend title II of the Social Security Act to provide for an
improved benefit computation formula for workers who attain age 65
in or after 1982 and to whom applies the 5-year period of transition
to the changes in benefit computation rules enacted in the Social
Security Amendments of 1977 (and related beneficiaries) and to
provide prospectively for increases in their benefits accordingly;
to the Committee on Ways and Means.
Cosponsors added, [31JA], [28FE], [24AP]
H.R. 244--
A bill to require certain entities receiving United States funds from
the International Fund for Ireland to comply with the MacBride
Principles; to the Committee on International Relations.
Cosponsors added, [28MR]
H.R. 246--
A bill to repeal the Service Contract Act of 1965; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [15AP]
H.R. 248--
A bill to amend the Public Health Service Act to provide for the conduct
of expanded studies and the establishment of innovative programs
with respect to the Committee on Commerce.
Cosponsors added, [25JA], [1FE], [28FE], [15AP], [16AP], [30AP],
[11JN], [13JN]
Reported with amendment (H. Rept. 104-652), [27JN]
Rules suspended. Passed House amended, [9JY]
Passed Senate, [12JY]
Presented to the President (July 17, 1996)
Approved [Public Law 104-166] (signed July 29, 1996)
H.R. 249--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under part B of the Medicare Program of drugs approved by
the Food and Drug Administration for the treatment of individuals
with multiple sclerosis; to the Committees on Commerce; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [25JA], [31JY]
H.R. 255--
A bill to designate the Federal Justice Building in Miami, FL, as the
``James Lawrence King Federal Justice Building''; to the Committee
on Transportation and Infrastructure.
Passed Senate, [16AP]
Presented to the President (April 19, 1996)
Approved [Public Law 104-135] (signed April 30, 1996)
H.R. 263--
A bill to amend the Animal Welfare Act to require humane living
conditions for calves raised for the production of veal; to the
Committee on Agriculture.
Cosponsors added, [27FE], [3JA], [27JN], [3JA], [27JN]
H.R. 264--
A bill to amend the Poultry Products Inspection Act to require the
slaughter of poultry in accordance with humane methods; to the
Committee on Agriculture.
Cosponsors added, [25JA]
H.R. 294--
A bill to amend title 5, United States Code, to provide that an
individual serving in a position in the competitive or excepted
service, under an indefinite or temporary appointment, who performs
at least 2 years of service in such a position within a 5-year
period, and who passes a suitable noncompetitive examination, shall
be granted competitive status for purposes of transfer or
reassignment; to the Committee on Government Reform and Oversight.
Cosponsors added, [29FE], [12MR], [13MR], [29MR], [25AP], [7MY],
[23MY], [9JY], [29JY]
H.R. 295--
A bill to extend the authority of the Secretary of the Treasury to enter
into agreements with certain cities and counties for the withholding
of city and county income and employment taxes from the pay of
Federal employees who are residents of, or regularly employed in,
such cities and counties; to the Committee on Government Reform and
Oversight.
Cosponsors added, [23MY]
H.R. 303--
A bill to amend title 38, United States Code, to permit retired members
of the Armed Forces who have service-connected disabilities to
receive compensation from the Department of Veterans Affairs
concurrently with retired pay, without deduction from either; to the
Committee on Veterans' Affairs.
Cosponsors added, [1FE], [29FE], [5MR], [13MR], [21MR], [18AP], [9MY],
[5JN], [13JN], [17JY], [2AU], [19SE], [10JY]
H.R. 305--
A bill to amend title 18, United States Code, to include peonage and
slavery offenses as RICO predicates; to the Committee on the
Judiciary.
Cosponsors added, [5JA]
H.R. 310--
A bill to provide for the privatization of the Federal Power Marketing
Administrations, and for other purposes; to the Committee on
Resources.
Cosponsors added, [28FE]
H.R. 311--
A bill to prohibit further Federal funding for the gas turbine-modular
helium reactor program of the Department of Energy; to the Committee
on Science.
Cosponsors added, [28FE]
H.R. 312--
A bill to prohibit funding to carry out the Appalachian Regional
Development Act of 1965; to the Committees on Transportation and
Infrastructure; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [28FE], [22JY]
H.R. 313--
A bill to direct the President to develop a plan for transferring all
real property, facilities, and equipment of the Tennessee Valley
Authority to public and private entities, and for other purposes; to
the Committee on Transportation and Infrastructure.
Cosponsors added, [28FE]
H.R. 322--
A bill entitled the ``Law Abiding Citizens Safety Act of 1995''; to the
Committee on the Judiciary.
Cosponsors added, [25JA]
H.R. 324--
A bill to amend the Federal Election Campaign Act of 1971 to require
certain disclosures with respect to phone bank communications; to
the Committee on House Oversight.
Cosponsors added, [18MR], [25MR], [29MR], [22AP], [29MY], [17JN],
[24JN], [16JY], [27JN]
H.R. 326--
A bill to provide that compliance by the States with the National Voter
Registration Act of 1993 shall be voluntary; to the Committee on
House Oversight.
Cosponsors added, [31MY]
H.R. 345--
A bill to amend title 4, United States Code, to declare English as the
official language of the Government of the United States and to
amend the Immigration and Nationality Act to provide that public
ceremonies for the admission of new citizens shall be considered
solely in English; to the Committees on Economic and Educational
Opportunities; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [27FE]
H.R. 350--
A bill to amend title 5, United States Code, to deny annuity benefits
with respect to any Member of Congress convicted of a felony and to
terminate the salary of any justice or judge of the United
[[Page 2845]]
States who is convicted of a felony; to the Committees on Government
Reform and Oversight; House Oversight; the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [17AP], [9MY], [21MY], [5JN]
H.R. 351--
A bill to amend the Voting Rights Act of 1965 to eliminate certain
provisions relating to bilingual voting requirements; to the
Committee on the Judiciary.
Cosponsors added, [15AP], [17AP], [25AP], [9MY], [14MY], [21MY],
[22MY], [10JN], [18JN], [25JN], [23JY]
Reported with amendment (H. Rept. 104-728), [31JY]
H.R. 357--
A bill to modify the requirements applicable to locatable minerals on
public domain lands, consistent with the principles of self-
initiation of mining claims, and for other purposes; to the
Committee on Resources.
Cosponsors added, [14MY]
H.R. 359--
A bill to restore the term of patents, and for other purposes; to the
Committee on the Judiciary.
Cosponsors added, [23JA], [24JA], [25JA], [14MY], [19JN], [26JN],
[6JN]
Cosponsors removed, [6MR], [13MR], [17JY]
H.R. 361--
A bill to provide authority to control exports, and for other purposes;
to the Committee on International Relations.
Reported with amendment (H. Rept. 104-605, part 1), [5JN]
Referred to the Committee on Ways and Means, [5JN]
Reported (H. Rept. 104-605, part 2), [27JN]
Rules suspended. Passed House amended, [16JY]
H.R. 382--
A bill to amend the Civil Rights Act of 1964 and the Fair Housing Act to
prohibit discrimination on the basis of affectional or sexual
orientation, and for other purposes; to the Committees on the
Judiciary; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [10JY]
H.R. 387--
A bill to amend title 10, United States Code, to authorize the Secretary
of Defense to assign Department of Defense personnel to assist the
Immigration and Naturalization Service and the U.S. Customs Service
perform their border protection functions; to the Committee on
National Security.
Cosponsors added, [27JN]
H.R. 392--
A bill to amend the Internal Revenue Code of 1986 to reinstate a 10-
percent domestic investment tax credit, to provide a credit for the
purchase of domestic durable goods, and for other purposes; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [22MR], [15AP]
H.R. 393--
A bill to prohibit the commercial harvesting of Atlantic striped bass in
the coastal waters and the exclusive economic zone; to the Committee
on Resources.
Cosponsors removed, [4JA]
H.R. 400--
A bill to provide for the exchange of lands within Gates of the Arctic
National Park and Preserve, and for other purposes; to the Committee
on Resources.
Returned to the Senate (pursuant to H. Res. 554), [30SE]
H.R. 401--
A bill entitled the ``Kenai Natives Association Equity Act''; to the
Committee on Resources.
Reported with amendment (H. Rept. 104-756), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 403--
A bill to repeal the Rural Electrification Act of 1936, require the sale
of all loans made under such act, and authorize the Secretary of
Agriculture to make loans to electric generation and transmission
cooperatives which are unable to obtain needed financing in the
private sector; to the Committee on Agriculture.
Cosponsors added, [17AP]
H.R. 419--
A bill for the relief of Benchmark Rail Group, Inc.; to the Committee on
the Judiciary.
Committee discharged, [15MR]
Referred to the Committee on the Judiciary, [15MR]
Reported from the Committee on the Judiciary, [13JN]
Passed Senate, [9JY]
Presented to the President (July 12, 1996)
Approved [Private Law 104-1] (signed July 24, 1996)
H.R. 444--
A bill to amend title 18, United States Code, to regulate the
manufacture, importation, and sale of any projectile that may be
used in a handgun and is capable of penetrating police body armor;
to the Committee on the Judiciary.
Cosponsors added, [9JA]
H.R. 447--
A bill to establish a toll free number in the Department of Commerce to
assist consumers in determining if products are American-made; to
the Committee on Commerce.
Cosponsors added, [31JA], [29FE], [5MR], [22AP], [9JY], [30JY]
Reported with amendment (H. Rept. 104-753), [2AU]
Rules suspended. Passed House amended, [4SE]
H.R. 448--
A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public
Health Service Act with respect to myelogram-related arachnoiditis;
to the Committee on Commerce.
Cosponsors added, [23AP]
H.R. 449--
A bill to amend the Public Health Service Act with respect to increasing
the number of health professionals who practice in the United States
in a field of primary health care; to the Committee on Commerce.
Cosponsors added, [27FE], [12MR], [23AP]
H.R. 452--
A bill to strengthen the Foreign Agents Registration Act of 1938, as
amended; to the Committee on the Judiciary.
Cosponsors added, [28MR], [29MR], [15AP]
H.R. 462--
A bill to establish the Commission on the Review of National Policies
Toward Gambling; to the Committees on the Judiciary; Resources; Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [19MR]
H.R. 468--
A bill to amend title 38, United States Code, to require the Secretary
of Veterans Affairs to furnish outpatient medical services for any
disability of a former prisoner of war; to the Committee on
Veterans' Affairs.
Cosponsors added, [29MR], [13JN]
H.R. 469--
A bill amend title 38, United States Code, to provide that remarriage of
the surviving spouse of a veteran after age 55 shall not result in
termination of dependency and indemnity compensation; to the
Committee on Veterans' Affairs.
Cosponsors added, [30MY]
H.R. 488--
A bill to prohibit the distribution or receipt of restricted explosives
without a Federal permit, and to require applications for such
permits to include a photograph and the finger prints of the
applicant; to the Committee on the Judiciary.
Cosponsors added, [27FE], [18AP], [4SE], [10SE]
H.R. 491--
A bill to amend titles II and XVIII of the Social Security Act to ensure
the integrity of the Social Security trust funds by reconstituting
the Boards of Trustees of such trust funds and the Managing Trustee
of such trust funds to increase their independence, by providing for
annual investment plans to guide investment of amounts in such trust
funds, and by removing unnecessary restrictions on investment and
disinvestment of amounts in such trust funds; to the Committees on
Ways and Means; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors removed, [29FE]
Cosponsors added, [13MR], [16AP], [8MY], [23JY], [3JA], [27JN], [3JA],
[27JN]
H.R. 497--
A bill to create the National Gambling Impact and Policy Commission; to
the Committee on the Judiciary.
Cosponsors added, [23JA], [6FE], [9FE], [13FE], [27FE], [3JA], [5JA],
[3JA], [5JA]
Referral to the Committee on Resources extended, [9FE]
Committee on Resources discharged, [28FE]
Rules suspended. Passed House amended, [5MR]
Passed Senate amended, [17JY]
Rules suspended. House agreed to Senate amendment, [22JY]
Presented to the President (July 23, 1996)
Approved [Public Law 104-169] (signed August 3, 1996)
H.R. 499--
A bill to require the withdrawal of the United States from the North
American Free-Trade Agreement, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [7MR]
H.R. 500--
A bill to repeal the Davis-Bacon Act; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [26JA], [29MR], [8MY], [27SE]
H.R. 513--
A bill to replace the program of aid to families with dependent children
and the job opportunities and basic skills training program with a
program of block grants to States for families with dependent
children, and for other purposes; to the Committees on Ways and
Means; Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [23JY]
H.R. 519--
A bill to prohibit foreign assistance to Russia unless certain
requirements relating to Russian intelligence activities, relations
between Russia and certain countries, Russian arms control policy,
and the reform of the Russian economy are met; to the Committees on
International Relations; Banking and Financial Services, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [1FE], [7MR]
H.R. 528--
A bill to amend the Internal Revenue Code of 1986 to clarify provisions
relating to church pension benefit plans, to modify certain
provisions relating to participants in such plans, to reduce the
complexity of and to bring workable consistency to the applicable
rules, to promote retirement savings and benefits, and for other
purposes; to the Committee on Ways and Means.
Cosponsors added, [4JA], [1FE], [27FE], [28FE], [19MR], [27MR],
[29MR], [30AP]
H.R. 540--
A bill to amend the Internal Revenue Code of 1986 to make the exclusion
for amounts received under group legal services plans permanent; to
the Committee on Ways and Means.
Cosponsors added, [4SE]
H.R. 543--
A bill to approve a governing international fishery agreement between
the United States and the Republic of Estonia; to the Committee on
Resources.
Rules suspended. Passed House amended, [28SE]
Passed Senate, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-283] (signed October 11, 1996)
H.R. 550--
A bill to prohibit economic assistance, military assistance, or arms
transfers to the Government of Mauritania until appropriate action
is taken to eliminate chattel slavery in Mauritania; to the
Committee on International Relations.
Cosponsors added, [27FE], [18JN]
H.R. 553--
A bill to provide, temporarily, tariff and quota treatment equivalent to
that accorded to members of the North American Free-Trade Agreement
[NAFTA] to Caribbean Basin beneficiary countries; to the Committee
on Ways and Means.
Cosponsors added, [24SE]
H.R. 559--
A bill to amend title XVIII of the Social Security Act to limit the
penalty for late enrollment
[[Page 2846]]
under the Medicare Program to 10 percent and twice the period of no
enrollment; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [13MR], [23MY], [18SE]
H.R. 561--
A bill to amend the Fair Credit Reporting Act, and for other purposes;
to the Committee on Banking and Financial Services.
Cosponsors added, [25AP], [21MY], [30JY], [30SE]
H.R. 573--
A bill to amend title II of the Social Security Act to provide for an
improved benefit computation formula for workers who attain age 65
in or after 1982 and to whom applies the 15-year period of
transition to the changes in benefit computation rules enacted in
the Social Security Amendments of 1977 (and related beneficiaries)
and to provide prospectively for increases in their benefits
accordingly; to the Committee on Ways and Means.
Cosponsors added, [27FE], [27MR], [17AP], [11JN], [1AU], [4SE], [5JA]
H.R. 580--
A bill to amend title XVIII of the Social Security Act and title 10,
United States Code, to allow the Secretary of Health and Human
Services to reimburse the Military Health Services System for care
provided to Medicare-eligible military retirees and their spouses in
the Military Health Services System; to the Committees on Commerce;
Ways and Means; National Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. HEFLEY (for himself, Mr. Pete Geren of Texas, Mr. Barton of
Texas, Mr. Condit, and Mr. Sam Johnson), H399 [19JA], [29MR]
Cosponsors added, [5JA], [7FE], [14FE], [22FE], [29MR], [15AP],
[30AP], [6JN]
H.R. 582--
A bill to amend the Internal Revenue Code of 1986 to revise the rules
for determining the employment status of individuals as employees or
independent contractors; to the Committee on Ways and Means.
Cosponsors added, [17AP]
Cosponsors removed, [16MY]
H.R. 598--
A bill to guarantee the ability of licensed pharmacists to conduct the
practice of pharmacy compounding and to ensure their right to the
necessary supply of bulk drug products, subject to applicable State
and Federal laws; to the Committee on Commerce.
Cosponsors added, [31JA], [20MR], [18AP], [9MY], [22MY], [11JN],
[26JN]
H.R. 608--
A bill to amend the Public Health Service Act to revise the filing
deadline for certain claims under the National Vaccine Injury
Compensation Program; to the Committee on Commerce.
Cosponsors added, [2AU]
H.R. 609--
A bill to establish the National Commission on Gay and Lesbian Youth
Suicide Prevention; to the Committee on Commerce.
Cosponsors added, [3OC]
H.R. 616--
A bill to require the Secretary of the Treasury to redesign the $1 coin
to commemorate Dr. Martin Luther King, Jr.; to the Committee on
Banking and Financial Services.
Cosponsors added, [25JY]
H.R. 619--
A bill to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [31JA], [27FE], [5JA]
H.R. 620--
A bill to increase the minimum wage and to deny employers a deduction
for payments of excessive compensation; to the Committees on
Economic and Educational Opportunities; Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [31JA], [27FE], [13MR], [30AP], [10MY], [5JA]
H.R. 621--
A bill to amend the act of January 26, 1915, establishing Rocky Mountain
National Park, to provide for the protection of certain lands in
Rocky Mountain National Park and along North St. Vrain Creek and for
other purposes; to the Committee on Resources.
Cosponsors added, [29MY]
H.R. 629--
A bill to authorize the Secretary of the Interior to participate in the
operation of certain visitor facilities associated with, but outside
the boundaries of, Rocky Mountain National Park in the State of
Colorado; to the Committee on Resources.
H.R. 632--
A bill to enhance fairness in compensating owners of patents used by the
United States; to the Committee on the Judiciary.
Passed Senate amended, [3OC]
House agreed to Senate amendments, [4OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-308] (signed October 19, 1996)
H.R. 635--
A bill to amend the Internal Revenue Code of 1986 to expand the excise
tax exemption for air transportation for the purpose of providing
medical care; to the Committee on Ways and Means.
Cosponsors added, [14MY]
H.R. 657--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of three hydroelectric projects in the State of
Arkansas; to the Committee on Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-241] (signed October 9, 1996)
H.R. 661--
A bill to amend the Internal Revenue Code of 1986 to provide additional
safeguards to protect taxpayer rights; to the Committee on Ways and
Means.
Cosponsors added, [25AP]
H.R. 680--
A bill to extend the time for construction of certain FERC licensed
hydro projects; to the Committee on Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-242] (signed October 9, 1996)
H.R. 701--
A bill to authorize the Secretary of Agriculture to convey lands to the
city of Rolla, MO; to the Committee on Agriculture.
Passed Senate, [9JY]
Presented to the President (July 12, 1996)
Approved [Public Law 104-165] (signed July 24, 1996)
H.R. 708--
A bill to amend the Internal Revenue Code of 1986 to allow homemakers to
get a full IRA deduction; to the Committee on Ways and Means.
Cosponsors added, [7MR], [19JN]
H.R. 713--
A bill to provide protection from sexual predators; to the Committee on
the Judiciary.
Cosponsors added, [7MR], [14MY], [4JN]
H.R. 721--
A bill to establish fair market value pricing of Federal natural assets,
and for other purposes; to the Committees on Natural Resources; Ways
and Means; Agriculture; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [12JY], [22JY]
H.R. 738--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
partial removal of limitations on contributions to candidates whose
opponents exceed personal contribution limitations in an election;
to the Committee on House Oversight.
Cosponsors added, [29MY]
H.R. 739--
A bill to amend title 4, United States Code, to declare English as the
official language of the Government of the United States; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [22MR], [18AP], [30AP], [8MY], [26JN], [2AU]
H.R. 740--
A bill to confer jurisdiction on the U.S. Court of Federal Claims with
respect to land claims of Pueblo of Isleta Indian tribe; to the
Committee on the Judiciary.
Reported (H. Rept. 104-694), [22JY]
Rules suspended. Passed House, [29JY]
Passed Senate, [4SE]
Presented to the President (September 6, 1996)
Approved [Public Law 104-198] (signed September 18, 1996)
H.R. 743--
A bill to amend the National Labor Relations Act to allow labor
management cooperative efforts that improve economic competitiveness
in the United States to continue to thrive, and for other purposes;
to the Committee on Economic and Educational Opportunities.
Passed Senate amended, [10JY]
House agreed to Senate amendment, [18JY]
Presented to the President (July 18, 1996)
Presidential veto message, [30JY]
Veto message and bill referred to the Committee on Economic and
Educational Opportunities, [31JY]
H.R. 757--
A bill to amend the Internal Revenue Code of 1986 to provide that the
amount of an overpayment otherwise payable to any person shall be
reduced by the amount of past-due, legally enforceable State tax
obligations of such person; to the Committee on Ways and Means.
Cosponsors added, [11JY]
H.R. 761--
A bill to establish the AIDS Cure Project; to the Committee on Commerce.
Cosponsors added, [24JA], [14MR]
H.R. 771--
A bill to save lives, prevent injuries, and protect property through
improved State and local fire safety education; to the Committee on
Science.
Cosponsors added, [27FE]
H.R. 773--
A bill to reform the concession policies of the National Park Service,
and for other purposes; to the Committee on Resources.
Cosponsors added, [14MR], [15AP], [29AP], [7MY], [30MY], [24JN],
[12JY]
H.R. 777--
A bill to amend title XIX of the Social Security Act to require State
Medicaid plans to provide coverage of screening mammography; to the
Committee on Commerce.
Cosponsors added, [29FE], [5MR], [12MR], [20MR], [15AP], [14MY],
[23JY], [5SE], [27JN]
H.R. 778--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of an annual screening mammography under part B of the
Medicare program for women age 65 or older; to the Committees on
Commerce; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [29FE], [5MR], [12MR], [20MR], [15AP], [14MY],
[11JN], [23JY], [5SE], [25SE], [27JN]
H.R. 779--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of prostate cancer screening tests under part B of the
Medicare program; to the Committees on Commerce; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [5MR], [12MR], [20MR], [15AP], [14MY], [27JN]
H.R. 780--
A bill to amend title XIX of the Social Security Act to provide for
coverage of prostate cancer screening tests under the Medicaid
program; to the Committee on Commerce.
Cosponsors added, [5MR], [12MR], [20MR], [15AP], [14MY], [27JN]
H.R. 782--
A bill to amend title 18 of the United States Code to allow members of
employee associations to represent their views before the U.S.
Government; to the Committee on the Judiciary.
Passed Senate amended, [25JY]
House agreed to Senate amendment, [1AU]
Presented to the President (August 2, 1996)
[[Page 2847]]
Approved [Public Law 104-177] (signed August 6, 1996)
H.R. 783--
A bill to amend the Internal Revenue Code of 1986 to prevent the
reclassification of certain dues paid to tax-exempt agricultural or
horticultural organizations; to the Committee on Ways and Means.
Cosponsors added, [20JN]
H.R. 784--
A bill to repeal the Federal estate and gift taxes and the tax on
generation-skipping transfers; to the Committee on Ways and Means.
Cosponsors added, [23JA], [31JA], [9FE], [27FE], [14MR], [19MR],
[15AP], [11JN], [17SE], [24SE], [25SE]
H.R. 788--
A bill to amend the Congressional Budget and Impoundment Control Act of
1974 to prohibit the consideration of retroactive tax increases; to
the Committee on Rules.
Cosponsors added, [17JN]
H.R. 789--
A bill to amend title 17, United States Code, with respect to the
licensing of music, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [5MR], [7MR], [21MR], [30AP], [30MY], [4JN], [17SE],
[18SE], [24SE], [26SE]
Cosponsors removed, [16AP], [18AP]
H.R. 790--
A bill to require certain Federal agencies to protect the rights of
private property owners; to the Committees on the Judiciary;
Resources; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [8MY], [23JY]
H.R. 791--
A bill to deny supplemental security income benefits by reason of
disability based on addiction to alcohol or drugs; to the Committee
on Ways and Means.
Cosponsors added, [15AP], [24AP], [23JY]
H.R. 797--
A bill to amend the Internal Revenue Code of 1986 to establish a Higher
Education Accumulation Program [HEAP] under which individuals are
allowed a deduction for contributions to HEAP accounts; to the
Committee on Ways and Means.
Cosponsors added, [18JN], [10JY]
H.R. 801--
A bill to amend the Internal Revenue Code of 1986 and the Social
Security Act to repeal provisions relating to the State enforcement
of child support obligations and to require the Internal Revenue
Service to collect child support through wage withholding; to the
Committee on Ways and Means.
Cosponsors added, [11JY], [17JY]
H.R. 809--
A bill to authorize and direct the General Accounting Office to audit
the Federal Reserve Board, the Federal Advisory Council, the Federal
Open Market Committee, and Federal Reserve banks and their branches;
to the Committee on Banking and Financial Services.
Cosponsors added, [5SE]
H.R. 820--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to clarify liability under that act for
certain recycling transactions; to the Committees on Commerce;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [31JA], [28FE], [5MR], [7MR], [27MR], [29MR],
[15AP], [18AP], [25AP], [9MY], [16MY], [23MY], [4JN], [18JN],
[12JY], [1AU], [19SE], [26SE], [27SE], [27JN]
H.R. 822--
A bill to provide a fair, nonpolitical process that will achieve $45
billion in budget outlay reductions each fiscal year until a
balanced budget is reached; to the Committees on Government Reform
and Oversight; Rules; the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [19MR], [16AP]
H.R. 833--
A bill to require the Secretary of Health and Human Services to ensure
that pregnant women receiving assistance under title X of the Public
Health Service Act are provided with information and counseling
regarding their pregnancies, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [28FE], [29FE], [5MR], [6MR], [7MR], [12MR], [25MR],
[15AP], [16AP], [8MY], [15MY]
H.R. 835--
A bill to amend the Public Health Service Act to provide for expanding
and intensifying activities of the National Institute of Arthritis
and Musculoskeletal and Skin Diseases with respect to lupus; to the
Committee on Commerce.
Cosponsors added, [26JA], [6MR], [18MR], [15AP], [22AP], [1MY], [20MY]
H.R. 842--
A bill to provide off-budget treatment for the Highway Trust Fund, the
Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and
the Harbor Maintenance Trust Fund; to the Committees on
Transportation and Infrastructure; the Budget; Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [4MR]
Reported amended from the Committee on Transportation and
Infrastructure (H. Rept. 104-499, part 1), [27MR]
Referral to the Committee on the Budget extended, [27MR]
Reported adversely from the Committee on the Budget (H. Rept. 104-499,
part 2), [29MR]
Passed House amended, [17AP]
H.R. 844--
A bill to amend the Internal Revenue Code of 1986 to permit farmers to
rollover into an individual retirement account the proceeds from the
sale of a farm; to the Committee on Ways and Means.
Cosponsors added, [11JY]
H.R. 848--
A bill to increase the amount authorized to be appropriated for
assistance for highway relocation regarding the Chickamauga and
Chattanooga National Military Park in Georgia; to the Committee on
Resources.
Reported with amendment (H. Rept. 104-603), [4JN]
Rules suspended. Passed House amended, [10JN]
H.R. 852--
A bill to designate as wilderness, wild and scenic rivers, national park
and preserve study areas, wild land recovery areas, and biological
connecting corridors certain public lands in the States of Idaho,
Montana, Oregon, Washington, and Wyoming, and for other purposes; to
the Committee on Resources.
Cosponsors added, [23JA], [27FE], [13MR]
H.R. 858--
A bill to amend certain provisions of title 5, United States Code, in
order to ensure equality between Federal firefighters and other
employees in the civil service and other public sector firefighters,
and for other purposes; to the Committee on Government Reform and
Oversight.
Cosponsors added, [27FE], [7MR], [15AP], [21MY], [5SE], [24SE], [27JN]
H.R. 862--
A bill to prohibit the use of Federal funds to promote homosexuality; to
the Committee on Government Reform and Oversight.
Cosponsors added, [28FE]
H.R. 863--
A bill to amend the Federal Property and Administrative Services Act of
1949 to authorize the transfer to States of surplus personal
property for donation to nonprofit providers of necessaries to
impoverished families and individuals; to the Committee on Reform
and Oversight.
Cosponsors added, [16FE], [29JY], [4SE]
H.R. 866--
A bill to make a technical correction to section 601 of the Federal
Aviation Administration Act; to the Committee on Transportation and
Infrastructure.
Cosponsors added, [16JY]
H.R. 869--
A bill to designate the Federal building and U.S. courthouse located at
125 Market Street in Youngstown, OH, as the ``Thomas D. Lambros
Federal Building and U.S. Courthouse''; to the Committee on
Transportation and Infrastructure.
Passed Senate, [16AP]
Presented to the President (April 19, 1996)
Approved [Public Law 104-136] (signed April 30, 1996)
H.R. 873--
A bill to amend the Helium Act to require the Secretary of the Interior
to sell Federal real and personal property held in connection with
activities carried out under the Helium Act, and for other purposes;
to the Committee on Resources.
Cosponsors added, [30AP]
H.R. 878--
A bill to amend title I of the Omnibus Crime Control and Safe Streets
Act of 1968 to encourage States to enact a Law Enforcement Officers'
Bill of Rights, to provide standards and protection for the conduct
of internal police investigations, and for other purposes; to the
Committee on the Judiciary.
Cosponsors added, [1FE], [28FE], [12MR], [24AP], [23MY], [13JN],
[19JN], [18JY], [22JY], [31JY], [2AU], [19SE], [25SE], [27SE],
[4OC], [10JY]
H.R. 883--
A bill to lift the trade embargo on Cuba, and for other purposes;
jointly, to the Committees on International Relations; Ways and
Means; Commerce; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [25JA]
H.R. 885--
A bill to designate the U.S. Post Office building located at 153 East
110th Street, New York, NY, as the ``Oscar Garcia Rivera Post Office
Building''; to the Committee on Government Reform and Oversight.
Cosponsors added, [15AP], [18AP], [29AP]
Rules suspended. Passed House, [30JY]
H.R. 887--
A bill to amend title 10, United States Code, to require the Secretary
of Energy to sell the naval petroleum reserves since such reserves
are no longer necessary for the national security of the United
States; jointly, to the Committees on National Security; Science,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [6JN]
H.R. 892--
A bill to reauthorize the independent counsel statute, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [28FE]
H.R. 893--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the sesquicentennial of the birth of Thomas Alva
Edison, to redesign the half dollar circulating coin for 1997 to
commemorate Thomas Edison, and for other purposes; to the Committee
on Banking and Financial Services.
Cosponsors added, [11JY], [2AU]
H.R. 894--
A bill to amend title 10, United States Code, to provide military
reservists who are retained in active status after qualifying for
reserve retired pay credit toward computation of retired pay for
service performed after so qualifying; to the Committee on National
Security.
Cosponsors added, [28MR]
H.R. 895--
A bill to provide for retroactive award of the Navy Combat Action Ribbon
based upon participation in ground or surface combat as a member of
the Navy or Marine Corps during the period between July 4, 1943, and
March 1, 1961; to the Committee on National Security.
Cosponsors added, [28MR], [2AU], [19SE], [27SE], [27JN]
H.R. 903--
A bill to substitute evaluations of educational quality for cohort
default rates in eligibility determinations for proprietary
institutions of higher education under the Federal student
assistance programs; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [10SE], [25SE]
H.R. 910--
A bill to require the Secretary of State to establish a set of voluntary
guidelines to promote socially responsible business practices for
United States; to the Committee on International Relations.
[[Page 2848]]
Cosponsors added, [19MR]
H.R. 911--
A bill to encourage the States to enact legislation to grant immunity
from personal civil liability, under certain circumstances, to
volunteers working on behalf of nonprofit organizations and
governmental entities; to the Committees on the Judiciary; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [23JA], [27FE], [6MR], [21MR], [15AP], [25AP],
[9MY], [21MY], [9JY], [30JY], [1AU]
H.R. 922--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of colorectal screening under part B of the Medicare
Program; to the Committees on Commerce; Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [21MR], [15MY], [21MY]
H.R. 927--
A bill to seek international sanctions against the Castro government in
Cuba, to plan for support of a transition government leading to a
democratically elected government in Cuba, and for other purposes;
to the Committees on International Relations; Ways and Means; the
Judiciary; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Conference report (H. Rept. 104-468) submitted in the House, [1MR]
Senate agreed to conference report, [5MR]
House agreed to conference report, [6MR]
Presented to the President (March 11, 1996)
Approved [Public Law 104-114] (signed March 12, 1996)
H.R. 931--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives to encourage the preservation of low-income housing; to
the Committee on Ways and Means.
Cosponsors added, [6MY]
H.R. 938--
A bill to provide that certain civil defense employees and employees of
the Federal Emergency Management Agency may be eligible for certain
public safety officers death benefits, and for other purposes; to
the Committee on the Judiciary.
Cosponsors added, [4JA], [28FE], [18JN], [17JY]
H.R. 940--
A bill to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage rate under that act; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [23JA], [30JA], [20FE], [27MR], [18AP], [23AP],
[24AP], [6MY], [23MY]
H.R. 941--
A bill to amend title 18 United States Code, to carry out certain
obligations of the United States under the International Covenant on
Civil and Political Rights by prohibiting the practice of female
circumcision, and for other purposes; to the Committees on the
Judiciary; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [28FE], [15AP], [18AP], [13JN], [30JY], [4SE]
H.R. 942--
A bill to prohibit U.S. assistance to countries that prohibit or
restrict the transport or delivery of U.S. humanitarian assistance;
to the Committee on International Relations.
Cosponsors added, [5SE]
H.R. 953--
A bill to amend the Internal Revenue Code of 1986 to provide
clarification for the deductibility of expenses incurred by a
taxpayer in connection with the business use of the home; to the
Committee on Ways and Means.
Cosponsors added, [23JY]
H.R. 956--
A bill to establish legal standards and procedures for product liability
litigation, and for other purposes; to the Committee on the
Judiciary.
Conference report (H. Rept. 104-481) submitted in the House, [14MR]
Sente considered conference report, [15MR], [18MR], [19MR], [20MR]
Senate agreed to conference report, [21MR]
House agreed to conference report, [29MR]
Presented to the President (April 30, 1996)
Presidential veto message, [2MY]
House sustained Presidential veto, [9MY]
Presidential veto message and bill referred to the Committee on the
Judiciary, [9MY]
H.R. 957--
A bill to amend section 118 of the Internal Revenue Code of 1986 to
provide for certain exceptions from rules for determining
contributions in aid of construction, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [24JA], [29FE], [6MR], [12MR], [19MR], [27MR],
[9MY], [25JN]
H.R. 958--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of an annual screening mammography under part B of the
Medicare Program for women age 65 or older; to the Committees on
Commerce; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [1FE], [15AP], [27JN]
H.R. 963--
A bill to amend the Communications Act of 1934 in order to permit
recreational radio operations without radio licenses; to the
Committee on Commerce.
Cosponsors added, [25JA], [26JN]
H.R. 969--
A bill to amend title 49, United States Code, to prohibit smoking on any
scheduled airline flight segment in intrastate, interstate, or
foreign air transportation; to the Committee on Transportation and
Infrastructure.
Cosponsors added, [6MR], [12MR], [14MR], [25AP], [30AP], [2MY],
[10MY], [5JN], [8JY], [10SE]
H.R. 972--
A bill to amend the Internal Revenue Code of 1986 to clarify the
exclusion from gross income for veterans benefits; to the Committee
on Ways and Means.
Cosponsors added, [26JA], [27FE], [28FE], [29FE], [5MR], [12MR],
[19MR], [25AP], [9MY], [5JN], [11JN], [18JN], [4SE], [3JA], [6JN],
[3JA], [6JN]
H.R. 973--
A bill to amend the Internal Revenue Code of 1986 to provide that the
statute of limitations shall not bar a claim for credit or refund
based on a retroactive determination of an entitlement to receive
military disability benefits; to the Committee on Ways and Means.
Cosponsors added, [19MR], [17AP], [23AP], [30AP], [23MY], [18JY]
H.R. 974--
A bill to amend the Internal Revenue Code of 1986 to restore a 100
percent deduction for business meals and entertainment and the
deduction for the travel expenses of spouses and others accompanying
the taxpayer on business; to the Committee on Ways and Means.
Cosponsors added, [30MY], [19SE], [27SE]
H.R. 987--
A bill to encourage production of oil and gas within the United States
by providing tax incentives and easing regulatory burdens, and for
other purposes; to the Committees on Ways and Means; Transportation
and Infrastructure; Resources; the Judiciary; Commerce; Science;
Government Reform and Oversight; International Relations, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [30MY]
H.R. 989--
A bill to amend title 17, United States Code, with respect to the
duration of copyright, and for other purposes; to the Committee on
the Judiciary.
Cosponsors added, [4MR]
H.R. 991--
A bill to provide for the termination of further production of the
Trident II (D-5) missile; to the Committee on National Security.
Cosponsors added, [7MY], [5JA]
H.R. 995--
A bill to amend the Employee Retirement Income Security Act of 1974 to
provide new portability, participation, solvency, claims, and other
consumer protections and freedoms for workers in a mobile workforce,
to increase purchasing power for employers and employees by removing
barriers to the voluntary formation of multiple employer health
plans and fully-insured multiple employer arrangements, to increase
health plan competition providing more affordable choice of coverage
by removing restrictive State laws relating to provider health
networks, employer health coalitions, and insured plans and the
offering of medisave plans, to expand access to fully-insured
coverage for employees of small employers through fair rating
standards and open markets, and for other purposes; to the
Committees on Economic and Educational Opportunities; Commerce, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [25JA], [31JA], [1FE], [5MR]
Reported with amendment (H. Rept. 104-498, part 1), [25MR]
Referral to the Committee on Commerce extended, [25MR]
Committee discharged, [29MR]
H.R. 997--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under part B of the Medicare Program of certain
chiropractic services authorized to be performed under State law; to
the Committees on Commerce; Ways and Means, for a period to be
sebsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [13FE], [14MR], [18AP], [23MY], [30MY], [16JY],
[27SE]
H.R. 1000--
A bill to designate certain lands in Alaska as wilderness; to the
Committee on Resources.
Cosponsors added, [27FE], [6MR], [13MR], [18AP], [10MY], [22MY],
[11JN], [18JN], [23JY], [27SE]
H.R. 1003--
A bill to amend the Internal Revenue Code of 1986 to increase the
deductibility of business meal expenses for individuals who are
subject to Federal hours of limitation; to the Committee on Ways and
Means.
Cosponsors added, [9MY], [23JY]
H.R. 1005--
A bill to amend title 4, United States Code, to declare English as the
official language of the Government of the United States, and for
other purposes; to the Committees on Economic and Educational
Opportunities; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [15AP], [30AP], [16MY]
H.R. 1009--
A bill for the relief of Lloyd B. Gamble; to the Committee on the
Judiciary.
Reported (H. Rept. 104-546), [1MY]
Passed House, [21MY]
H.R. 1010--
A bill to provide surveillance, research, and services aimed at
prevention of birth defects, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [5MR], [10JN], [19JN], [9JY], [16JY], [17JY],
[18JY], [23JY], [2AU], [27SE], [27JN]
H.R. 1011--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of a hydroelectric project in the State of Ohio; to
the Committee on Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-243] (signed October 9, 1996)
H.R. 1014--
A bill to authorize extension of time limitation for a FERC-issued
hydroelectric license; to the Committee on Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
[[Page 2849]]
Approved [Public Law 104-244] (signed October 9, 1996)
H.R. 1021--
A bill to require the Secretary of Health and Human Services to increase
the voting consumer representation of the Blood Products Advisory
Committee of the Food and Drug Administration, and for other
purposes; to the Committee on Commerce.
Cosponsors added, [20FE]
H.R. 1023--
A bill to provide procedures for claims for compassionate payments with
regard to individuals with blood-clotting disorders, such as
hemophilia, who contracted human immunodeficiency virus due to
contaminated blood products; to the Committee on the Judiciary.
Cosponsors added, [24JA], [25JA], [26JA], [31JA], [20FE], [27FE],
[28FE], [7MR], [13MR], [19MR], [21MR], [27MR], [29MR], [15AP],
[17AP], [22AP], [24AP], [30AP], [6MY], [10MY], [15MY], [22MY],
[29MY], [18JN], [26JN], [9JY], [11SE], [17SE], [6JN], [12JN], [6JN],
[12JN]
H.R. 1024--
A bill to improve the dissemination of information and printing
procedures of the Government; to the Committee on House Oversight.
Cosponsors added, [7MY], [20MY], [22MY], [5JN], [18JY]
H.R. 1027--
A bill to amend the Internal Revenue Code of 1986 to repeal the
provision which includes unemployment compensation in income subject
to tax; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1031--
A bill for the relief of Oscar Salas-Velazquez; to the Committee on the
Judiciary.
Reported with amendment (H. Rept. 104-810), [20SE]
Passed House, [27SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Private Law 104-3] (signed October 9, 1996)
H.R. 1033--
A bill to impose comprehensive economic sanctions against Iran; to the
Committees on Ways and Means; Banking and Financial Services;
International Relations, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [15AP]
H.R. 1036--
A bill to amend the Metropolitan Washington Airports Act of 1986 to
direct the President to appoint additional members to the board of
directors of the Metropolitan Washington Airports Authority, to
replace the Board of Review of the Airports Authority with a Federal
Advisory Commission, and for other purposes; to the Committee on
Transportation and Infrastructure.
Reported with amendment (H. Rept. 104-596), [29MY]
H.R. 1042--
A bill to amend the Internal Revenue Code of 1986 to provide that no
capital gains tax shall apply to individuals; to the Committee on
Ways and Means.
Cosponsors added, [29FE], [10MY], [23MY]
H.R. 1044--
A bill to amend part E of title IV of the Social Security Act to prevent
abandoned babies from experiencing prolonged foster care where a
permanent adoptive home is available; to the Committee on Ways and
Means.
Cosponsors added, [21MR], [28MR]
H.R. 1046--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of periodic colorectal screening services under part B of
the Medicare Program; to the Committees on Commerce; Ways and Means,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [20MR], [9MY], [29MY], [4JN], [11JY], [25JY],
[16SE], [25SE], [27SE]
H.R. 1049--
A bill to amend the Fair Labor Standards Act of 1938 to reform the
provisions relating to child labor; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [11JN]
H.R. 1050--
A bill to establish a living wage, jobs for all policy for the United
States in order to reduce poverty, inequality, and the undue
concentration of income, wealth, and power in the United States, and
for other purposes; to the Committees on Economic and Educational
Opportunities; Government Reform and Oversight; the Budget; Rules,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [30JA], [22MR], [19AP], [10MY], [20JN], [2AU]
H.R. 1051--
A bill to provide for the extension of certain hydroelectric projects
located in the State of West Virginia; to the Committee on Commerce.
Passed Senate, [25JY]
Presented to the President (August 1, 1996)
Approved [Public Law 104-173] (signed August 6, 1996)
H.R. 1055--
A bill to amend title 5, United States Code, to clarify that the
Government in the Sunshine Act applies to the Federal Open Market
Committee; to the Committee on Government Reform and Oversight.
Cosponsors added, [26SE]
H.R. 1057--
A bill to provide for hearing care services by audiologists to Federal
civilian employees; to the Committee on Government Reform and
Oversight.
Cosponsors added, [26JN], [4OC]
H.R. 1061--
A bill to amend the Internal Revenue Code of 1986 to more accurately
codify the depreciable life of semiconductor manufacturing
equipment; to the Committee on Ways and Means.
Cosponsors added, [12SE]
H.R. 1073--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of diabetes outpatient self-management training services
under part B of the Medicare Program; to the Committees on Commerce;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [27FE], [7MR], [13MR], [14MR], [20MR], [26MR],
[15AP], [17AP], [29AP], [8MY], [14MY], [21MY], [22MY], [4JN],
[13JN], [20JN], [9JY], [16JY], [18JY], [25JY], [31JY], [2AU], [4SE],
[5SE], [17SE], [19SE], [24SE], [25SE], [6JN], [27JN], [6JN], [27JN]
H.R. 1074--
A bill to amend title XVIII of the Social Security Act to provide for
uniform coverage under part B of the Medicare Program of blood-
testing strips for individuals with diabetes; to the Committees on
Commerce; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [27FE], [7MR], [13MR], [14MR], [20MR], [26MR],
[15AP], [17AP], [29AP], [8MY], [14MY], [21MY], [22MY], [4JN],
[13JN], [20JN], [16JY], [18JY], [25JY], [31JY], [2AU], [4SE], [5SE],
[17SE], [19SE], [24SE], [25SE], [6JN], [27JN], [6JN], [27JN]
H.R. 1076--
A bill to amend the Internal Revenue Code of 1986 to allow the
installment method to be used to report income from the sale of
certain residential real property, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [29MY]
H.R. 1078--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of beta interferons approved by the FDA for self-
administration for treatment of multiple sclerosis under the
Medicare Program, and for other purposes; to the Committees on
Commerce; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [4JA], [24JA], [31JA], [19MR], [18AP], [8MY],
[17JY], [4SE], [27JN]
H.R. 1084--
A bill to amend title 5, United States Code, to make the Federal
Employees Health Benefits Program available to the general public,
and for other purposes; to the Committees on Government Reform and
Oversight; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [21MY]
H.R. 1087--
A bill for the relief of Nguyen Quy An and Nguyen Ngoc Kim Quy; to the
Committee on the Judiciary.
Reported with amendments (H. Rept. 104-811), [20SE]
Passed House amended, [27SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Private Law 104-4] (signed October 19, 1996)
H.R. 1090--
A bill to provide a minimum survivor annuity for the unremarried
surviving spouses of retired members of the Armed Forces who died
before having an opportunity to participate in the survivor benefit
plan; to the Committee on National Security.
Cosponsors added, [1FE], [21MR], [9MY], [30MY], [5JN], [13JN], [31JY],
[2AU], [11SE], [19SE], [25SE]
H.R. 1099--
A bill to amend the Internal Revenue Code of 1986 to limit the
applicability of the generation-skipping transfer tax; to the
Committee on Ways and Means.
Cosponsors added, [10SE]
H.R. 1100--
A bill to establish a temporary commission to recommend reforms in the
laws relating to elections for Federal office; to the Committees on
House Oversight; Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [30JA], [8JY], [12JY], [16JY], [22JY], [25JY],
[29JY], [2AU], [4SE], [9SE]
H.R. 1110--
A bill to amend the Congressional Budget Act of 1974 and the Balanced
Budget and Emergency Deficit Control Act of 1985 to limit the rate
of growth of Federal outlays to 2 percent per year; to the
Committees on the Budget; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [28FE], [16AP], [9MY]
H.R. 1114--
A bill to authorize minors who are under the child labor provisions of
the Fair Labor Standards Act of 1938 and who are under 18 years of
age to load materials into balers and compacters that meet
appropriate American National Standards Institute design safety
standards; to the Committee on Economic and Educational
Opportunities.
Passed Senate amended, [16JY]
House agreed to Senate amendment, [25JY]
Presented to the President (July 26, 1996)
Approved [Public Law 104-174] (signed August 6, 1996)
H.R. 1119--
A bill to amend the Internal Revenue Code of 1986 to revise the
treatment of deferred compensation plans of State and local
governments and tax-exempt organizations; to the Committee on Ways
and Means.
Cosponsors added, [29MR]
H.R. 1127--
A bill to limit the issuance of patents on medical procedures; to the
Committee on the Judiciary.
Cosponsors added, [4JA], [12MR], [14MR], [27MR], [17AP], [25AP],
[12JY], [17JY], [27JN], [26JY], [27JN], [26JY]
H.R. 1129--
A bill to amend the National Trails Systems Act to designate the route
from Selma to Montgomery as a National Historic Trail; to the
Committee on Resources.
Reported with amendment (H. Rept. 104-567), [8MY]
Rules suspended. Passed House amended, [14MY]
H.R. 1130--
A bill to prohibit award, grant, and contract recipients from lobbying
for the continuation of their awards, grants, and contracts and to
repeal
[[Page 2850]]
authority for the payment of expenses of intervening and the payment
of attorney's fees, and for other purposes; to the Committees on the
Judiciary; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [18SE]
H.R. 1131--
A bill to balance the Federal budget by fiscal year 2002 through the
establishment of Federal spending limits; to the Committees on the
Budget; Rules; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [21MR], [15AP]
H.R. 1136--
A bill to amend title 38, United States Code, to deem certain service in
the organized military forces of the Government of the Commonwealth
of the Philippines and the Philippine Scouts to have been active
service for purposes of benefits under programs administered by the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
Cosponsors added, [21MR], [9MY], [21MY], [26SE], [27SE]
H.R. 1140--
A bill to amend the Public Health Service Act to provide for the
prevention, control, and elimination of tuberculosis; to the
Committee on Commerce.
Cosponsors added, [15MY]
H.R. 1143--
A bill to amend title 18, United States Code, with respect to witness
retaliation; to the Committee on the Judiciary.
Cosponsors added, [22JA], [4MR]
H.R. 1144--
A bill to amend title 18, United States Code, with respect to witness
tampering; to the Committee on the Judiciary.
Cosponsors added, [22JA]
H.R. 1145--
A bill to amend title 18, United States Code, with respect to jury
tampering; to the Committee on the Judiciary.
Cosponsors added, [22JA]
H.R. 1148--
A bill to amend the Internal Revenue Code of 1986 to permit penalty-free
withdrawals by unemployed individuals from certain retirement plans;
to the Committee on Ways and Means.
Cosponsors added, [19MR], [18SE]
H.R. 1154--
A bill entitled the ``Ocean Radioactive Dumping Ban Act of 1994''; to
the Committee on Transportation and Infrastructure.
Cosponsors added, [14MY]
H.R. 1160--
A bill to amend the International Code of 1986 to provide that new
income tax deductions, credits, exclusions, and other benefits shall
be allowed only if the projected Federal budget deficit meets
certain deficit targets; to the Committee on Ways and Means.
Cosponsors added, [5JA]
H.R. 1161--
A bill to amend the Internal Revenue Code of 1986 to provide an
exclusion from unrelated business taxable income for certain
sponsorship payments; to the Committee on Ways and Means.
Cosponsors added, [4JA], [25AP], [30AP], [5JN], [23JY], [2AU], [19SE]
H.R. 1169--
A bill to amend the Truth in Lending Act to prohibit issuers of credit
cards from limiting the ability of Federal, State, and local
government agencies to impose fees for honoring credit cards, and
for other purposes; to the Committee on Banking and Financial
Services.
Cosponsors added, [1FE]
H.R. 1171--
A bill to amend the Internal Revenue Code of 1986 to provide a shorter
recovery period for the depreciation of certain leasehold
improvements; to the Committee on Ways and Means.
Cosponsors added, [29MR], [13JN]
H.R. 1179--
A bill to authorize appropriations for the preservation and restoration
of historic buildings at historically black colleges and
universities; to the Committee on Resources.
Cosponsors added, [7MR], [19MR], [17AP]
Reported with amendment (H. Rept. 104-758), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 1186--
A bill to provide for the safety of journeymen boxers, and for other
purposes; to the Committees on Economic and Educational
Opportunities; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Reported with amendment (H. Rept. 104-833), [24SE]
H.R. 1189--
A bill to prohibit arms transfers and other military assistance to
certain countries unless the President certifies that a state of war
does not exist between the country concerned and Israel and that
such country has accorded formal recognition to the sovereignty of
Israel; to the Committee on International Relations.
Cosponsors added, [22JA]
H.R. 1202--
A bill to amend title 18, United States Code, to prohibit interstate-
connected conduct relating to exotic animals; to the Committee on
the Judiciary.
Cosponsors added, [4JA], [31JA], [29FE], [20MR], [26MR], [17AP],
[23AP], [24AP], [6JN]
Cosponsors removed, [29FE], [22MR], [16AP], [24AP], [25AP]
H.R. 1209--
A bill to amend the Federal Water Pollution Control Act to coordinate
and promote Great Lakes activities, and for other purposes; to the
Committees on Transportation and Infrastructure; Science, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [7MY]
H.R. 1210--
A bill to amend the Railway Labor Act concerning the applicability of
requirements of that act to U.S. air carriers and flight crews
engaged in flight operations outside the United States; to the
Committee on Transportation and Infrastructure.
Cosponsors added, [15AP], [23AP], [24AP], [25AP], [30AP], [7MY],
[10MY], [14MY], [15MY], [21MY]
H.R. 1219--
A bill to amend the Congressional Budget Act of 1974 and the Balanced
Budget and Emergency Deficit Control Act of 1985 to extend and
reduce the discretionary spending limits, and for other purposes; to
the Committees on the Budget; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
H.R. 1222--
A bill to require that travel awards that accrue by reason of official
travel of a Member, officer, or employee of the House of
Representatives be used only with respect to official travel; to the
Committee on House Oversight.
Cosponsors added, [23JY]
H.R. 1226--
A bill to amend the Fair Labor Standards Act of 1938 to make uniform the
application of the overtime exemption for inside sales personnel; to
the Committee on Economic and Educational Opportunities.
Cosponsors added, [12MR], [29MY], [20JN], [27JN]
H.R. 1227--
A bill to amend the Portal-to-Portal Act of 1947 relating to the payment
of wages to employees who use employer-owned vehicles; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [15AP], [30AP], [8MY]
Reported with amendment (H. Rept. 104-585), [20MY]
Considered, [22MY]
Passed House amended, [23MY]
Laid on the table, [23MY]
H.R. 1229--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for the payment of interest on student loans; to the Committee on
Ways and Means.
Cosponsors added, [19JN], [5SE]
H.R. 1230--
A bill to authorize the Architect of the Capitol to establish a Capitol
Visitor Center under the East Plaza of the U.S. Capitol, and for
other purposes; to the Committee on Transportation and
Infrastructure.
Cosponsors added, [12JN]
H.R. 1246--
A bill to amend the Electronic Funds Transfer Act to require fee
disclosures by operators of electronic terminals at which electronic
fund transfer services are made available to consumers; to the
Committee on Banking and Financial Services.
Cosponsors added, [7MY]
H.R. 1248--
A bill to amend the Lanham Act to require certain disclosures relating
to materially altered films; to the Committee on the Judiciary.
Cosponsors added, [3JA]
H.R. 1256--
A bill to authorize the Secretary of the Interior to provide funds to
the Palisades Interstate Park Commission for acquisition of land in
the Sterling Forest area of the New York/New Jersey Highlands
Region, and for other purposes; to the Committee on Resources.
Cosponsors added, [11JY]
H.R. 1266--
A bill to provide for the exchange of lands within Admiralty Islands
National Monument, and for other purposes; to the Committee on
Resources.
Passed Senate, [19MR]
Presented to the President (March 21, 1996)
Approved [Public Law 104-123] (signed April 1, 1996)
H.R. 1271--
A bill to provide protection for family privacy; to the Committee on
Government Reform and Oversight.
H.R. 1279--
A bill to preserve and protect the free choice of individual employees
to form, join, or assist labor organizations, or to refrain from
such activities; to the Committees on Economic and Educational
Opportunities; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [29FE], [22MR], [24AP], [21MY]
H.R. 1281--
A bill to amend title 5, United States Code, and the National Security
Act of 1947 to require disclosure under the Freedom of Information
Act of information regarding certain individuals who participated in
Nazi war crimes during the period in which the United States was
involved in World War II; to the Committees on Government Reform and
Oversight; Intelligence (Permanent Select), the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [17JN], [8JY], [16JY], [22JY], [25JY], [2AU],
[10JY], [26JY], [10JY], [26JY]
Reported with amendments (H. Rept. 104-819), [24SE]
Referral to the Committees on Intelligence (Permanent Select); the
Judiciary extended, [24SE]
Committees discharged, [24SE]
Rules suspended. Passed House amended, [24SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-309] (signed October 19, 1996)
H.R. 1290--
A bill to reinstate the permit for, and extend the deadline under the
Federal Power Act applicable to the construction of, a hydroelectric
project in Oregon, and for other purposes; to the Committee on
Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-245] (signed October 9, 1996)
H.R. 1291--
A bill to amend title 39, United States Code, to provide that the
provisions of law preventing Members of Congress from sending mass
mailings within the 60-day period immediately before an election be
expanded so as to prevent Members from mailing any unsolicited
franked mail within that period, and for other purposes; to the
Committees on House Oversight; Government Reform and Oversight, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [23JY]
[[Page 2851]]
H.R. 1295--
A bill to amend the Trademark Act of 1946 to make certain revisions
relating to the protection of famous marks; to the Committee on the
Judiciary.
Presented to the President (January 4, 1996)
Approved [Public Law 104-98] (signed January 16, 1996)
H.R. 1296--
A bill to provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer; to the Committee on
Resources.
Passed Senate amended, [1MY]
House disagreed to Senate amendment and asked to a conference.
Conferees appointed, [9MY]
Senate insisted on its amendment and agreed to a conference, [17MY]
Conference report (H. Rept. 104-836) submitted in the House, [24SE]
H.R. 1297--
A bill to promote a new urban agenda, and for other purposes; to the
Committees on Ways and Means; Banking and Financial Services;
Science; Commerce; Transportation and Infrastructure; Government
Reform and Oversight; International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [29MR]
H.R. 1305--
A bill to require employers to notify workers before health care
benefits or retirement benefits are terminated; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [28FE], [5JA]
H.R. 1309--
A bill to amend title 49, United States Code, to require the use of
child safety restraint systems approved by the Secretary of
Transportation on commercial aircraft; to the Committee on
Transportation and Infrastructure.
Cosponsors added, [31JY], [24SE]
H.R. 1314--
A bill to amend the Internal Revenue Code of 1986 to modify the pension
plan rules applicable to State judicial retirement plans; to the
Committee on Ways and Means.
Cosponsors added, [21MR]
H.R. 1316--
A bill to amend the Internal Revenue Code of 1986 to provide tax credits
to businesses with employees performing services in their residences
or in telecommuting centers; to the Committee on Ways and Means.
Cosponsors added, [9JY]
H.R. 1317--
A bill to ensure that sellers and underwriters of insurance are
qualified and subject to State consumer protection requirements; to
the Committee on Commerce.
Cosponsors added, [28SE], [1OC]
H.R. 1325--
A bill to amend the Public Buildings Act of 1959 concerning the
calculation of public building transactions; to the Committee on
Transportation and Infrastructure.
Cosponsors added, [31JA], [29AP], [1MY], [14MY], [30JY], [17SE],
[25SE]
H.R. 1328--
A bill to amend the Internal Revenue Code of 1986 to provide that no
amount shall be includable in gross income by reason of
participation in a State prepaid tuition program; to the Committee
on Ways and Means.
Cosponsors added, [25AP]
H.R. 1332--
A bill to establish certain policies and responsibilities with respect
to the administration of the Rongelop resettlement trust fund, and
for other purposes; to the Committee on Resources.
Reported with amendment (H. Rept. 104-471), [5MR]
Rules suspended. Passed House amended, [28SE]
H.R. 1335--
A bill to provide for the extension of a hydroelectric project located
in the State of West Virginia; to the Committee on Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-246] (signed October 9, 1996)
H.R. 1339--
A bill to amend title XIX of the Social Security Act to provide for
mandatory coverage of services furnished by nurse practitioners and
clinical nurse specialists under State Medicaid plans; to the
Committee on Commerce.
Cosponsors added, [25SE]
H.R. 1341--
A bill to amend the Public Health Service Act to provide authorizations
of appropriations for programs relating to the health of individuals
who are from disadvantaged backgrounds, including individuals who
are members of racial or ethnic minority groups; to the Committee on
Commerce.
Cosponsors added, [20MR]
H.R. 1350--
A bill to amend the Merchant Marine Act, 1936 to revitalize the U.S.-
flag merchant marine, and for other purposes; to the Committee on
National Security.
Passed Senate, [20SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-239] (signed October 8, 1996)
H.R. 1352--
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act
with respect to the minor use of a pesticide; to the Committee on
Agriculture.
Cosponsors added, [13MR], [7MY], [23MY], [13JN]
H.R. 1353--
A bill to amend title 5, United States Code, to provide that, for
purposes relating to retirement, Members of Congress and
congressional employees shall be treated in the same manner as are
employees in the executive branch generally; to the Committees on
House Oversight; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [15MY]
H.R. 1355--
A bill to amend the National Labor Relations Act, to establish the
National Public Employment Relations Commission, and to amend title
I of the Employment Retirement Income Security Act of 1974 to
provide for joint trusteeship of single-employer pension plans; to
the Committee on Economic and Educational Opportunities.
Cosponsors added, [15AP]
H.R. 1358--
A bill to require the Secretary of Commerce to convey to the
Commonwealth of Massachusetts the National Marine Fisheries Service
laboratory located on Emerson Avenue in Gloucester, MA; to the
Committee on Resources.
House agreed to Senate amendment with amendment (pursuant to H. Res.
338), [5JA]
Senate agreed to House amendment to Senate amendment, [3JA]
Presented to the President (January 6, 1996)
Approved [Public Law 104-91] (signed January 6, 1996)
H.R. 1363--
A bill to amend the Immigration and Nationality Act to deny citizenship
at birth to children born in the United States of parents who are
not citizens or permanent resident aliens; to the Committee on the
Judiciary.
Cosponsors added, [23JA], [27MR], [28MR], [18AP], [25AP], [4SE],
[11SE]
H.R. 1364--
A bill to amend the Indian Gaming Regulatory Act to provide for
community approval before Indian class III gaming operations may
take effect; to the Committee on Resources.
Cosponsors added, [26JA]
H.R. 1366--
A bill to authorize the extension of time limitation for the FERC-issued
hydroelectric license for the Mt. Hope waterpower project; to the
Committee on Commerce.
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-247] (signed October 9, 1996)
H.R. 1386--
A bill to amend section 353 of the Public Health Service Act to exempt
physician office laboratories from the clinical laboratories
requirements of that section; to the Committee on Commerce.
Cosponsors added, [23JA], [27FE], [5MR], [13MR], [20MR], [22MR],
[27MR], [29MR], [15AP], [18AP], [24AP], [25AP], [8MY], [16MY],
[21MY], [22MY], [23MY], [30MY], [11JN], [20JN], [16JY], [31JY],
[11SE], [18SE], [27SE], [10JY]
H.R. 1389--
A bill to amend the Internal Revenue Code of 1986 to expand the
availability of, and amount of, deductible individual retirement
account contributions, and for other purposes; to the Committee on
Ways and Means.
Cosponsors added, [7MR], [31JY]
H.R. 1400--
A bill to amend the Clean Water Act to eliminate certain discharges of
chlorine compounds into navigable waters, and for other purposes; to
the Committee on Transportation and Infrastructure.
Cosponsors added, [31JA]
H.R. 1402--
A bill to amend the Internal Revenue Code of 1986 to improve revenue
collection and to provide that a taxpayer conscientiously opposed to
participation in war may elect to have such taxpayer's income,
estate, or gift tax payments spent for nonmilitary purposes, to
create the U.S. peace tax fund to receive such tax payments, and for
other purposes; to the Committees on Ways and Means; International
Relations; Economic and Educational Opportunities; for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [31JA], [15AP], [15MY], [5SE], [11SE], [25SE],
[26SE]
H.R. 1404--
A bill to end the use of steel jaw leghold traps on animals in the
United States; to the Committee on Commerce.
Cosponsors added, [28FE], [2AU]
H.R. 1406--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 50th anniversary of the Marshall plan and
George Catlett Marshall; to the Committee on Banking and Financial
Services.
Cosponsors added, [25JA], [28FE], [29FE], [7MR], [14MR], [20MR],
[21MR], [22MR], [27MR], [29MR], [25AP], [7MY], [30MY], [30JY],
[31JY], [1AU], [2AU], [4SE], [26SE]
H.R. 1416--
A bill to implement the Convention Against Torture and Other Forms of
Cruel, Inhuman, and Degrading Treatment or Punishment and to provide
a program of support for victims of torture; to the Committees on
the Judiciary; International Relations; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [5MR], [25AP], [5SE]
H.R. 1423--
A bill to amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to provide for improved public health and food safety
through the reduction in meat and poultry of harmful substances that
present a threat to public health, and for other purposes; to the
Committee on Agriculture.
Cosponsors added, [5MR], [9MY]
H.R. 1424--
A bill to provide Americans with secure, portable health insurance
benefits through tax credits, medical savings accounts, and greater
choice of health insurance plans without mandates, and for other
purposes; to the Committees on Ways and Means; Commerce; the
Judiciary; Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [28FE]
H.R. 1425--
A bill to suspend United States development assistance for India unless
the President certifies to the Congress that the Government of India
has taken certain steps to prevent human rights abuses in India; to
the Committee on International Relations.
Cosponsors added, [30MY]
H.R. 1427--
A bill to amend the Federal Election Campaign Act of 1971 to control
House of Representatives campaign spending, and for other purposes;
to the Committee on House Oversight.
Cosponsors added, [24SE]
H.R. 1434--
A bill to establish a commission to review the dispute settlement
reports of the World Trade Organization, and for other purposes; to
the Commit
[[Page 2852]]
tees on Ways and Means; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [14MR], [18SE]
H.R. 1446--
A bill to amend the Revised Statutes of the United States to promote
equity and fairness in lawsuits brought against State and local law
enforcement officers; to the Committee on the Judiciary.
Cosponsors added, [21MY]
H.R. 1448--
A bill to amend the Indian Child Welfare Act of 1978 to require that
determinations regarding status as an Indian child and as a member
of an Indian tribe be prospective from the date of birth of the
child and of tribal membership of the member, and for other
purposes; to the Committee on Resources.
Cosponsors added, [3JA]
H.R. 1454--
A bill to require the Federal Trade Commission to issue a trade
regulation rule which requires the release of prescriptions for
contact lenses; to the Committee on Commerce.
Cosponsors added, [23JA]
H.R. 1462--
A bill to amend the Public Health Service Act to provide for programs of
research regarding Parkinson's disease, and for other purposes; to
the Committee on Commerce.
Cosponsors added, [22JA], [6FE], [28FE], [6MR], [12MR], [27MR],
[16AP], [17AP], [18AP], [1MY], [7MY], [9MY], [16MY], [30MY], [18JN],
[20JN], [18JY], [24JY], [1AU], [10SE], [18SE], [27SE], [6JN],
[10JY], [6JN], [10JY]
Cosponsors removed, [29MY], [19JN], [18JY], [6JN], [27JN], [6JN],
[27JN]
H.R. 1464--
A bill to amend title 39, United States Code, to require the Postal
Service to accept a change-of-address order from a commercial mail
receiving agency and to forward mail to the new address; to the
Committee on Government Reform and Oversight.
Cosponsors added, [19MR], [20MR], [4JN], [3JA]
H.R. 1482--
A bill to amend title 38, United States Code, to improve certain
veterans programs and benefits; to the Committee on Veterans'
Affairs.
Cosponsors added, [7MY]
H.R. 1483--
A bill to amend title 38, United States Code, to allow revision of
veterans benefits decisions based on clear and unmistakable error;
to the Committee on Veterans' Affairs.
Cosponsors added, [29FE], [15AP], [16AP], [1MY], [7MY], [8MY], [9MY],
[10MY]
Reported (H. Rept. 104-571), [10MY]
Rules suspended. Passed House, [21MY]
H.R. 1484--
A bill to provide collective bargaining rights for public safety
officers employed by States or their political subdivisions; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [25JA], [31JA], [28FE], [20MR], [21MR], [27MR],
[15AP], [18AP], [29AP], [9MY], [29MY], [10JY]
H.R. 1488--
A bill to control crime by increasing penalties for armed violent
criminals; to the Committee on the Judiciary.
Cosponsors added, [13FE]
H.R. 1492--
A bill to amend the Internal Revenue Code of 1986 to provide that
service performed for an elementary or secondary school operated
primarily for religious purposes is exempt from the Federal
unemployment tax; to the Committee on Ways and Means.
Cosponsors added, [29MR]
H.R. 1493--
A bill to amend the Internal Revenue Code of 1986 to allow nonitemizers
a deduction for a portion of their charitable contributions and to
exempt the charitable contribution deduction from the overall
limitation on itemized deductions; to the Committee on Ways and
Means.
Cosponsors added, [29FE]
H.R. 1496--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of early detection of prostate cancer and certain drug
treatment services under part B of the Medicare Program, to amend
chapter 17 of title 38, United States Code, to provide for coverage
of such early detection and treatment services under the programs of
the Department of Veterans Affairs, and to expand research and
education programs of the National Institutes of Health and the
Public Health Service relating to prostate cancer; to the Committees
on Commerce; Ways and Means; Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [24JA], [28FE], [4MR], [6MR], [14MR], [21MR],
[22MR], [27MR], [28MR], [15AP], [17AP], [29AP], [2AU], [27JN]
H.R. 1499--
A bill to improve criminal law relating to fraud against consumers; to
the Committee on the Judiciary.
Cosponsors added, [12MR], [19MR], [29MY], [25JN]
Rules suspended. Passed House amended, [25SE]
H.R. 1500--
A bill to designate certain Federal lands in the State of Utah as
wilderness, and for other purposes; to the Committee on Resources.
Cosponsors added, [4JA], [1FE], [29FE], [27MR], [23AP], [7MY], [23MY],
[11JN]
H.R. 1501--
A bill to amend the Federal Credit Reform Act to improve budget accuracy
of accounting for Federal costs associated with student loans, to
phase out the Federal Direct Student Loan Program, to make
improvements in the Federal Family Education Loan Program, and for
other purposes; to the Committees on Economic and Educational
Opportunities; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [15AP]
H.R. 1504--
A bill to amend the Internal Revenue Code of 1986 to modify the
treatment of governmental plans under the rules governing retirement
plans; to the Committee on Ways and Means.
Cosponsors added, [10MY]
H.R. 1507--
A bill to amend the Fair Labor Standards Act of 1938 to prohibit
discrimination in the payment of wages on account of sex, race, or
national origin, and for other purposes; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [15AP], [30AP], [24SE]
H.R. 1508--
A bill to require the transfer of title to the District of Columbia of
certain real property in Anacostia Park to facilitate the
construction of National Children's Island, a cultural, educational,
and family-oriented park; to the Committees on Resources; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Passed Senate, [28JN]
Presented to the President (July 8, 1996)
Approved [Public Law 104-163] (signed July 19, 1996)
H.R. 1512--
A bill to amend the Indian Gaming Regulatory Act to bring more balance
into the negotiation of Tribal-State compacts, to require an
individual participating in class II or class III Indian gaming to
be physically present at the authorized gaming activity, and for
other purposes; to the Committees on Resources; the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [8MY], [18JN]
H.R. 1513--
A bill to amend title 38, United States Code, to change the date for the
beginning of the Vietnam era for the purpose of veterans benefits
from August 5, 1964, to December 22, 1961; to the Committee on
Veterans' Affairs.
Cosponsors added, [5MR], [29AP], [10JY]
H.R. 1514--
A bill to authorize and facilitate a program to enhance safety,
training, research, and development, and safety education in the
propane gas industry for the benefit of propane consumers and the
public, and for other purposes; to the Committees on Commerce;
Science, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [28FE], [14MR], [29MR], [8MY], [13JN]
Reported with amendment (H. Rept. 104-655, part 1), [27JN]
Referral to the Committee on Science extended, [27JN]
Committee on Science discharged, [10JY]
Rules suspended. Passed House amended, [4SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-284] (signed October 11, 1996)
H.R. 1527--
A bill to amend the National Forest Ski Area Permit Act of 1986 to
clarify the authorities and duties of the Secretary of Agriculture
in issuing ski area permits on National Forest System lands and to
withdraw lands within ski area permit boundaries from the operation
of the mining and mineral leasing laws; to the Committees on
Resources; Agriculture, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [4JA], [27FE], [12MR], [15AP]
Reported with amendments (H. Rept. 104-516, part 1), [15AP]
Referral to the Committee on Agriculture extended, [15AP]
Committee on Agriculture discharged, [15AP]
Rules suspended. Passed House amended, [30AP]
H.R. 1530--
A bill to authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1996, and for other purposes; to
the Committee on National Security.
Presidential veto message, [3JA]
Presidential veto sustained in the House, [3JA]
Presidential veto message referred to the Committee on National
Security, [3JA]
H.R. 1540--
A bill to amend title 18, United States Code, with respect to the
dissemination of indecent material on cable television; to the
Committee on the Judiciary.
Cosponsors added, [1MY]
H.R. 1541--
A bill to impose economic sanctions against persons who trade with Iran;
to the Committees on International Relations; Ways and Means;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [1MY]
H.R. 1547--
A bill to amend the Animal Welfare Act to strengthen the annual
reporting requirements of research facilities conducting animal
experimentation or testing and to improve the accountability of
animal experimentation programs of the Department of Defense; to the
Committees on Agriculture; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [22JA], [6FE], [7MR], [15AP]
H.R. 1552--
A bill to amend title 18, United States Code, regarding false
identification documents; to the Committee on the Judiciary.
Cosponsors added, [29MR], [8MY], [5JA], [6JN], [27JN], [5JA], [6JN],
[27JN]
H.R. 1560--
A bill to expand U.S. exports of goods and services by requiring the
development of objective criteria to achieve market access in
foreign countries, to provide the President with reciprocal trade
authority, and for other purposes; to the Committees on Ways and
Means; Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
[[Page 2853]]
Cosponsors added, [4JA], [23JA], [27FE], [28FE], [5MR], [28MR],
[30JY], [28SE]
H.R. 1561--
A bill to consolidate the foreign affairs agencies of the United States,
to authorize appropriations for the Department of State and related
agencies for fiscal years 1996 and 1997, to responsibly reduce the
authorizations of appropriations for U.S. foreign assistance
programs for fiscal years 1996 and 1997, and for other purposes; to
the Committees on International Relations; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
House disagreed to Senate amendment and agreed to a conference, [28FE]
Conference report (H. Rept. 104-478) submitted in the House, [8MR]
House agreed to conference report, [12MR]
Senate agreed to conference report, [28MR]
Presented to the President (April 5, 1996)
Presidential veto message, [15AP]
Presidential veto message considered in the House, [30AP]
Presidential veto message sustained in the House, [30AP]
H.R. 1568--
A bill to require explosive materials to contain taggants to enable law
enforcement authorities to trace the source of the explosive
material, whether before or after detonation; to the Committee on
the Judiciary.
Cosponsors added, [2AU], [10SE]
H.R. 1572--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to provide death benefits to retired public safety officers; to the
Committee on the Judiciary.
Cosponsors added, [20MY]
H.R. 1573--
A bill to amend title 18, United States Code, to provide specific
penalties for taking a firearm from a Federal law enforcement
officer; to the Committee on the Judiciary.
Cosponsors added, [22JA], [30JA], [5MR], [17JN]
H.R. 1575--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
of the charitable contribution deduction, to allow such deduction to
individuals who do not itemize other deductions, and for other
purposes; to the Committee on Ways and Means.
Cosponsors added, [25JA], [29FE]
H.R. 1582--
A bill to amend the Clean Air Act to provide for the reclassification of
downwind nonattainment areas, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [26SE]
H.R. 1583--
A bill to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [28FE]
H.R. 1591--
A bill to establish a national public works program to provide
incentives for the creation of jobs and address the restoration of
infrastructure in communities across the United States, and for
other purposes; to the Committees on Economic and Educational
Opportunities; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [23JA], [25JA], [27FE], [12MR], [13MR], [12JY],
[2AU], [9SE], [25SE]
Cosponsors removed, [13MR]
H.R. 1606--
A bill to designate the U.S. Post Office building located at 24 Corliss
Street, Providence, RI, as the ``Harry Kizirian Post Office
Building''; to the Committee on Government Reform and Oversight.
House disagreed to Senate amendments, [5JA]
Senate receded from its amendments, [3JA]
Presented to the President (January 23, 1996)
Approved [Public Law 104-100] (signed February 1, 1996)
H.R. 1608--
A bill to amend title 18, United States Code, to ensure that the
prohibitions against guns in school zones have the requisite nexus
with interstate or foreign commerce; to the Committee on the
Judiciary.
Cosponsors added, [8JY]
H.R. 1610--
A bill to amend the Internal Revenue Code of 1986 to require employer-
provided group health plans to credit coverage under a prior group
health plan against any preexisting condition limitation; to the
Committee on Ways and Means.
Cosponsors added, [4JA], [31JA], [27FE], [29FE], [5MR], [13MR]
H.R. 1617--
A bill to consolidate and reform workforce development and literacy
programs, and for other purposes; to the Committee on Economic and
Educational Opportunities.
Conference report (H. Rept. 104-707) submitted in the House, [25JY]
H.R. 1618--
A bill to amend title 5, United States Code, to impose certain
limitations relating to participation by a Member of Congress in the
Civil Service Retirement System or the Federal Employees' Retirement
System; to the Committees on Government Reform and Oversight; House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [12MR], [20MR], [25AP], [30AP], [7MY], [14MY],
[16MY], [22MY], [9JY]
Referral to the Committee on Commerce extended, [3JA]
H.R. 1619--
A bill to amend section 227 of the Housing and Urban-Rural Recovery Act
of 1983 to prohibit owners and managers of federally assisted rental
housing from preventing elderly residents of such housing from
owning or having household pets in such housing; to the Committee on
Banking and Financial Services.
Cosponsors added, [23JA], [24JA], [28FE], [5MR], [18MR], [19MR],
[20MR], [21MR], [22MR], [27MR], [28MR], [15AP], [25AP], [18SE],
[19SE], [24SE], [26SE], [5JA]
H.R. 1620--
A bill to authorize the Administrator of the Environmental Protection
Agency to establish a pilot project providing loans to States to
establish revolving loan funds for the environmental cleanup of
sites in distressed areas that have the potential to attract private
investment and create local employment; to the Committees on
Commerce; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [24JA]
H.R. 1621--
A bill to require the Administrator of the Environmental Protection
Agency to establish a program under which States may be certified to
carry out voluntary environmental cleanup programs for low and
medium priority sites; to the Committees on Commerce; Transportation
and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [1FE]
H.R. 1625--
A bill to protect the right to life of each born and preborn human
person in existence at fertilization; to the Committee on the
Judiciary.
Cosponsors added, [23JA], [25JA], [31JA], [28FE], [5MR], [12MR],
[28MR], [7MY], [3JA]
H.R. 1627--
A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act
and the Federal Food, Drug, and Cosmetic Act, and for other
purposes; Titles I-III referred to the Committee on Agriculture;
Title IV, referred to the Committee on Commerce.
Cosponsors added, [31JA], [13FE], [29FE], [12MR], [13MR], [19MR],
[28MR], [23AP], [11JY], [23JY]
Reported from the Committee on Agriculture amended (H. Rept. 104-669,
part 1), [11JY]
Reported from the Committee on Commerce with amendment (H. Rept. 104-
669, part 2), [23JY]
Rules suspended. Passed House amended, [23JY]
Passed Senate, [24JY]
Presented to the President (July 26, 1996)
Approved [Public Law 104-170] (signed August 3, 1996)
H.R. 1642--
A bill to extend nondiscriminatory treatment--most-favored-nation
treatment--to the products of Cambodia, and for other purposes; to
the Committee on Ways and Means.
Passed Senate amended, [25JY]
House agreed to Senate amendment, [12SE]
Presented to the President (September 13, 1996)
Approved [Public Law 104-203] (signed September 25, 1996)
H.R. 1643--
A bill to authorize the extension of nondiscriminatory treatment--most-
favored-nation treatment--to the products of Bulgaria; to the
Committee on Ways and Means.
Passed Senate amended, [2JA]
House agreed to Senate amendment with amendments, [5JA]
Senate agreed to House amendments to Senate amendment, [3JA]
Presented to the President (January 5, 1996)
Approved [Public Law 104-92] (signed January 6, 1996)
H.R. 1646--
A bill to revise and reform the statutes governing the organization and
management of the reserve components of the Armed Forces; to the
Committee on National Security.
Cosponsors added, [6MR]
H.R. 1649--
A bill to amend the Public Health Service Act to provide for the
prevention of fetal alcohol syndrome, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [25SE]
H.R. 1655--
A bill to authorize appropriations for fiscal year 1996 for intelligence
and intelligence-related activities of the U.S. Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes; to the
Committee on Intelligence (Permanent Select).
Approved [Public Law 104-93] (signed January 6, 1996), [12MR]
H.R. 1656--
A bill to provide for an increase in funding for the conduct and support
of diabetes-related research by the National Institutes of Health;
to the Committee on Commerce.
Cosponsors added, [27FE], [7MR], [8MY], [21MY], [22MY], [4JN], [16JY],
[6JN], [27JN], [6JN], [27JN]
H.R. 1661--
A bill to permit partnership and S corporations to elect taxable years
other than required years; to the Committee on Ways and Means.
Cosponsors added, [25JA], [7MR], [29MR], [13JN]
H.R. 1662--
A bill to amend the Internal Revenue Code of 1986 to provide a credit
against income tax to individuals who rehabilitate historic homes or
who are the first purchasers of rehabilitated historic homes for use
as a principal residence; to the Committee on Ways and Means.
Cosponsors added, [7MR], [29MR], [8MY], [13JN], [17SE]
H.R. 1663--
A bill to amend the Waste Isolation Pilot Plant Land Withdrawal Act; to
the Committees on Commerce; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Reported with amendment from the Committee on Commerce (H. Rept. 104-
540, part 1), [25AP]
Referral to the Committee on National Security extended, [25AP]
Committee on National Security discharged, [17JN]
H.R. 1666--
A bill to amend the act of October 21, 1970, establishing the Sleeping
Bear Dunes National Lakeshore to permit certain persons to continue
to use and occupy certain areas within the lakeshore, and for other
purposes; to the Committee on Resources.
[[Page 2854]]
Cosponsors added, [9MY]
H.R. 1675--
A bill to amend the National Wildlife Refuge System Administration Act
of 1966 to improve the management of the National Wildlife Refuge
System, and for other purposes; to the Committee on Resources.
Passed House amended, [24AP]
H.R. 1677--
A bill to waive the time limitation specified by law for the award of
certain military decorations in order to allow the posthumous award
of the Congressional Medal of Honor to Doris Miller for actions
while a member of the Navy during World War II; to the Committee on
National Security.
Cosponsors added, [12MR], [11JY]
H.R. 1684--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 250th anniversary of the birth of James
Madison; to the Committee on Banking and Financial Services.
Cosponsors added, [4JA], [23JA], [25JA], [30JA], [1FE], [27FE],
[29FE], [6MR], [13MR], [14MR], [19MR], [22MR], [29MR], [18AP]
Rules suspended. Passed House amended, [17SE]
H.R. 1687--
A bill to terminate the agricultural price support and production
adjustment programs for sugar; to the Committee on Agriculture.
Cosponsors added, [7MR]
H.R. 1688--
A bill to amend the Public Health Service Act to establish a program of
providing information and education to the public on the prevention
and treatment of eating disorders; to the Committee on Commerce.
Cosponsors added, [27FE]
H.R. 1692--
A bill to amend the Federal Election Campaign Act of 1971 to increase
the limitation amount applicable to contributions to candidates in
Federal elections by individuals and to decrease the limitation
amount applicable to contributions to such candidates by nonparty
multicandidate political committees; to the Committee on House
Oversight.
Cosponsors added, [23AP]
H.R. 1693--
A bill to amend the Federal Election Campaign Act of 1971 to prohibit
congressional leadership committees; to the Committee on House
Oversight.
Cosponsors added, [23AP]
H.R. 1694--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
a voluntary limitation on contributions from other than individual
district residents in House of Representatives elections; to the
Committee on House Oversight.
Cosponsors added, [23AP]
H.R. 1695--
A bill to amend the Internal Revenue Code of 1986 to provide for an
income tax credit for in-State contributions to congressional
candidates; to the Committee on Ways and Means.
Cosponsors added, [23AP]
H.R. 1701--
A bill to cancel the space station project; to the Committee on Science.
Cosponsors added, [23FE], [9MY], [3JA]
H.R. 1706--
A bill to amend the Public Health Service Act to establish Federal
standards to ensure quality assurance of drug testing programs for
private employers, and for other purposes; to the Committees on
Commerce; Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [24JA]
H.R. 1707--
A bill to amend title XVIII of the Social Security Act to ensure access
to services and prevent fraud and abuse for enrollees of health
maintenance organizations under the Medicare Program, to amend
standards for Medicare supplemental policies, to modify the Medicare
Select Program, and for other purposes; to the Committees on
Commerce; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [23JA]
H.R. 1708--
A bill to establish the Federal Mortgage Insurance Corporation as a
wholly owned Government corporation to provide full mortgage
insurance and provide for the development of credit enhancement
products for mortgages for single family homes of low- and moderate-
income homebuyers, and for other purposes; to the Committee on
Banking and Financial Services.
Cosponsors added, [1MY], [26JN]
H.R. 1711--
A bill to improve the administration of the Fair Debt Collection
Practices Act; to the Committee on Banking and Financial Services.
Cosponsors added, [24JA], [1FE], [28FE], [29FE], [7MR], [21MR],
[29MR], [15AP], [25AP], [7MY], [16MY], [23MY], [9JY], [31JY],
[26SE], [6JN]
H.R. 1713--
A bill to provide for uniform management of livestock grazing on Federal
land, and for other purposes; to the Committees on Resources;
Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [26MR], [18AP], [23AP], [30AP], [1MY], [29MY]
H.R. 1718--
A bill to designate the U.S. courthouse located at 197 South Main Street
in Wilkes-Barre, PA, as the ``Max Rosenn United States Courthouse'';
to the Committee on Transportation and Infrastructure.
Passed Senate, [7FE]
Presented to the President (February 23, 1996)
Approved [Public Law 104-112] (signed March 5, 1996)
H.R. 1720--
A bill to amend the Higher Education Act of 1965 to provide for the
cessation of Federal sponsorship of two Government sponsored
enterprises, and for other purposes; to the Committee on Economic
and Educational Opportunities.
Rules suspended. Passed House amended, [24SE]
H.R. 1733--
A bill to amend title 35, United States Code, to provide for early
publication of patent applications, to provide provisional rights
for the period of time between early publication and patent grant,
and to provide a prior art effect for published applications; to the
Committee on the Judiciary.
Cosponsors added, [23JA], [1FE], [27FE], [4MR], [6MR], [12MR], [20MR],
[9MY], [16MY], [4JN], [10JN], [3JA]
H.R. 1734--
A bill to reauthorize the National Film Preservation Board, and for
other purposes; to the Committees on the Judiciary; House Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Reported with amendment (H. Rept. 104-558, part 1), [6MY]
Referral to the Committee on House Oversight extended, [6MY], [21JN]
Committee discharged, [8JY]
Rules suspended. Passed House amended, [29JY]
Passed Senate, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-285] (signed October 11, 1996)
H.R. 1743--
A bill to amend the Water Resources Research Act of 1984 to extend the
authorizations of appropriations through fiscal year 2000, and for
other purposes; to the Committee on Resources.
Passed Senate amended, [3MY]
Rules suspended. House agreed to Senate amendment, [14MY]
Presented to the President (May 15, 1996)
Approved [Public Law 104-147] (signed May 24, 1996)
H.R. 1748--
A bill to amend the Internal Revenue Code of 1986 to provide for farmers
and closely held businesses a one-time exclusion of gain from
certain sales or exchanges, for self-employed individuals a 100
percent deduction of health insurance costs, and for farmers a
carryover of unused standard deductions and personal exemptions, and
for other purposes; to the Committee on Ways and Means.
Cosponsors added, [26SE]
H.R. 1749--
A bill to amend the Agricultural Trade Act of 1978 to eliminate the
market promotion program; to the Committees on Agriculture; Budget,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [23JY]
H.R. 1750--
A bill to amend title XVIII of the Social Security Act to provide for
increased Medicare reimbursement for nurse practitioners and
clinical nurse specialists to increase the delivery of health
services in health professional shortage areas, and for other
purposes; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [25JA], [19JN]
H.R. 1755--
A bill to provide for the establishment of an official mass mailing
allowance for Members of the House of Representatives, and for other
purposes; to the Committee on House Oversight.
Cosponsors added, [28MR]
H.R. 1757--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under part B of the Medicare Program of paramedic intercept
services provided in support of public, volunteer, or nonprofit
providers of ambulance services; to the Committees on Commerce; Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [25JA], [6MR], [16AP], [4JN]
H.R. 1758--
A bill to provide for a Federal response to fraud in connection with the
provision of or receipt of payment for health care services, and for
other purposes; to the Committees on the Judiciary; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [30JA], [9FE], [6MR], [25AP], [30AP], [4JN], [11JN]
H.R. 1767--
A bill to amend title 38, United States Code, to provide for cost
recovery by the Department of Veterans Affairs of the cost of health
care delivered to veterans who are eligible for care under the
Medicare Program; to the Committees on Veterans' Affairs; Commerce;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [27FE]
H.R. 1771--
A bill to amend the requirements of the Federal Food, Drug, and Cosmetic
Act for the labeling of food for pesticides and for other purposes;
to the Committee on Commerce.
Cosponsors added, [22JA], [6MR]
H.R. 1772--
A bill to authorize the Secretary of the Interior to acquire certain
interests in the Waihee Marsh for inclusion in the Oahu National
Wildlife Refuge Complex; to the Committee on Resources.
Reported with amendment (H. Rept. 104-528), [22AP]
Rules suspended. Passed House amended, [23AP]
Passed Senate, [18SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-209] (signed October 1, 1996)
H.R. 1776--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of black revolutionary war patriots; to the Committee
on Banking and Financial Services.
Cosponsors added, [24JA], [31JA], [27FE], [29FE], [6MR], [12MR],
[13MR], [19MR], [22MR], [27MR], [15AP], [16AP], [18AP], [23AP],
[25AP], [30AP], [7MY], [9MY], [14MY], [16MY], [21MY], [22MY],
[29MY], [4JN], [19JN], [25JN]
Rules suspended. Passed House amended, [17SE]
Passed Senate amended, [3OC]
House agreed to Senate amendments, [4OC]
Presented to the President (October 10, 1996)
[[Page 2855]]
Approved [Public Law 104-329] (signed October 20, 1996)
H.R. 1780--
A bill to amend the Internal Revenue Code of 1986 to impose a flat tax
only on the earned income of individuals and on business taxable
income, and for other purposes; to the Committee on Ways and Means.
Cosponsors added, [25JA]
H.R. 1784--
A bill to validate certain conveyances made by the Southern Pacific
Transportation Company within the cities of Reno, NV, and Tulare,
CA, and for other purposes; to the Committee on Transportation and
Infrastructure.
Reported (H. Rept. 104-691), [18JY]
H.R. 1785--
A bill to amend the Internal Revenue Code of 1986 to promote capital
formation for the development of new businesses; to the Committee on
Ways and Means.
Cosponsors added, [2MY], [8MY]
H.R. 1786--
A bill to regulate fishing in certain waters of Alaska; to the Committee
on Resources.
Reported with amendment (H. Rept. 104-687), [18JY]
Rules suspended. Passed House amended, [30JY]
H.R. 1787--
A bill to amend the Federal Food, Drug, and Cosmetic Act to repeal the
saccharin notice requirement; to the Committee on Commerce.
Passed Senate, [19MR]
Presented to the President, [21MR]
Approved [Public Law 104-124] (signed April 1, 1996)
H.R. 1791--
A bill to amend title XIX of the Social Security Act to make certain
technical corrections relating to physicians' services; to the
Committee on Commerce.
Cosponsors added, [23JA], [28FE], [6MR], [16AP], [16MY], [23JY]
Reported with amendment (H. Rept. 104-826), [24SE]
Rules suspended. Passed House amended, [24SE]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-248] (signed October 9, 1996)
H.R. 1794--
A bill to amend the Violent Crime Control and Law Enforcement Act of
1994 to double the minimum and maximum penalties for crimes against
elderly and child victims; to the Committee on the Judiciary.
Cosponsors added, [25JA], [3JA]
H.R. 1796--
A bill to amend section 1951, commonly called the Hobbs Act, of title 18
of the United States Code to prevent union violence; to the
Committee on the Judiciary.
Cosponsors added, [2AU], [16SE]
H.R. 1797--
A bill to require employer health benefit plans to meet standards
relating to the nondiscriminatory treatment of neurobiological
disorders, and for other purposes; to the Committees on Ways and
Means; Economic and Educational Opportunities; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [16AP], [18AP], [25AP], [16MY], [4JN], [13JN],
[24JY], [10JY]
H.R. 1801--
A bill to privatize certain Federal power generation and transmission
assets, and for other purposes; to the Committee on Commerce.
Cosponsors added, [27FE], [29FE]
H.R. 1802--
A bill to reorganize the Federal administrative law judiciary, and for
other purposes; to the Committee on the Judiciary.
Cosponsors added, [26JA], [27FE], [20MR], [27MR], [29MR]
H.R. 1804--
A bill to designate the U.S. Post Office-Courthouse located at South 6th
and Rogers Avenue, Fort Smith, AR as the ``Judge Isaac C. Parker
Federal Building''; to the Committee on Transportation and
Infrastructure.
Passed Senate, [16AP]
Presented to the President (April 19, 1996)
Approved [Public Law 104-137] (signed April 30, 1996)
H.R. 1805--
A bill to amend title 18, United States Code, to exempt qualified
current or former law enforcement officers from State laws
prohibiting the carrying of concealed firearms; to the Committee on
the Judiciary.
Cosponsors added, [1FE], [12MR], [23MY], [13JN], [19JN], [18JY],
[2AU], [25SE]
H.R. 1810--
A bill to amend title 18, United States Code, to provide for the
privatization of health care services in the Federal prison system;
to the Committee on the Judiciary.
Cosponsors added, [27MR], [15AP]
H.R. 1816--
A bill to authorize appropriations for civilian research, development,
demonstration, and commercial application activities of the
Department of Energy for fiscal year 1996, and for other purposes;
to the Committee on Science.
Referral to the Committee on Commerce extended, [3JA], [4JA], [22JA],
[8JY], [4JA], [22JA], [8JY], [3JA]
Discharged from Corrections Calendar, [4JA]
Referral to the Committee on Commerce extended (omitted from Record of
August 1, 1996), [2AU]
H.R. 1818--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for contributions to a medical savings account by any individual who
is covered under a catastrophic coverage health plan; to the
Committee on Ways and Means.
Cosponsors added, [23JA], [30JA], [8MY]
H.R. 1819--
A bill to amend the Internal Revenue Code of 1986 to allow individuals a
refundable credit for adoptions expenses with a larger credit for
the adoption of a foster child; to the Committee on Ways and Means.
Cosponsors added, [16AP]
H.R. 1823--
A bill to amend the Central Utah Project Completion Act to direct the
Secretary of the Interior to allow for prepayment of repayment
contracts between the United States and the Central Utah Water
Conservancy District dated December 28, 1965, and November 26, 1985,
and for other purposes; to the Committee on Resources.
Reported with amendment (H. Rept. 104-531), [23AP]
Rules suspended. Passed House amended, [30AP]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-286] (signed October 11, 1996)
H.R. 1828--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 50th anniversary of the U.S. Navy Blue Angels;
to the Committee on Banking and Financial Services.
Cosponsors added, [29FE], [6MR], [7MR]
H.R. 1833--
A bill to amend title 18, United States Code, to ban partial-birth
abortions; to the Committee on the Judiciary.
House agreed to Senate amendments, [27MR]
Presented to the President (April 5, 1996)
Presidential veto message, [10AP]
Presidential veto message referred to the Committee on the Judiciary,
[15AP]
House discharged the Committee on the Judiciary from further
consideration of Presidential veto, [19SE]
Presidential veto overridden in the House, [19SE]
Presidential veto message sustained in the Senate, [26SE]
H.R. 1834--
A bill to amend the Occupational Safety and Health Act of 1970; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [26JA]
Cosponsors removed, [29FE], [29MR]
H.R. 1836--
A bill to authorize the Secretary of the Interior to acquire property in
the town of East Hampton, Suffolk County, NY, for inclusion in the
Amagansett National Wildlife Refuge; to the Committee on Resources.
Reported (H. Rept. 104-529), [22AP]
Rules suspended. Passed House, [23AP]
Passed Senate amended, [3MY]
Rules suspended. House agreed to Senate amendment, [14MY]
Presented to the President (May 15, 1996)
Approved [Public Law 104-148] (signed May 24, 1996)
H.R. 1841--
A bill to authorize the construction of the Lewis and Clark Rural Water
System and to authorize assistance to the Lewis and Clark Rural
Water System, Inc., a nonprofit corporation, for the planning and
construction of the water supply system, and for other purposes; to
the Committee on Resources.
Cosponsors added, [18AP]
H.R. 1842--
A bill to ban the utilization of Federal funds by a State to lure jobs
and businesses from another State; to the Committee on Government
Reform and Oversight.
Cosponsors added, [6JN]
H.R. 1846--
A bill to establish the Yellowstone Headwaters National Recreation Area
within the Gallatin and Custer National Forests in the State of
Montana, and for other purposes; to the Committee on Resources.
Cosponsors added, [12MR], [24AP], [17JY], [24JY], [25SE]
H.R. 1853--
A bill to amend the Federal Food, Drug, and Cosmetic Act to require the
reduction and eventual elimination of nicotine in tobacco products;
to the Committee on Commerce.
Cosponsors added, [27SE]
H.R. 1855--
A bill to amend title 11, District of Columbia Code, to restrict the
authority of the Superior Court of the District of Columbia over
certain pending cases involving child custody and visitation rights;
to the Committee on Government Reform and Oversight.
H.R. 1856--
A bill to amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for an expanded Federal program of hazard
mitigation, relief, and insurance against the risk of catastrophic
natural disasters, such as hurricanes, earthquakes, and volcanic
eruptions, and for other purposes; to the Committees on
Transportation and Infrastructure; Commerce; Banking and Financial
Services; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [31JA], [19MR], [16AP], [8MY]
H.R. 1858--
A bill to reduce paperwork and additional regulatory burdens for
depository institutions; to the Committee on Banking and Financial
Services.
Reported (H. Rept. 104-193, part 2), [18JN]
H.R. 1859--
A bill to require employers to post, and to provide to employees
individually, information relating to sexual harassment that
violates title VII of the Civil Rights Act of 1964; and for other
purposes; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [18JN]
H.R. 1861--
A bill to make technical corrections in the Satellite Home Viewer Act of
1994 and other provisions of title 17, United States Code; to the
Committee on the Judiciary.
Reported with amendment (H. Rept. 104-554), [6MY]
Rules suspended. Passed House amended, [4JN]
H.R. 1863--
A bill to prohibit employment discrimination on the basis of sexual
orientation; to the Committees on Economic and Educational
Opportunities; House Oversight; Government Reform and Oversight; the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [28FE], [27MR], [19JN], [16JY], [18JY], [30JY],
[5SE]
H.R. 1866--
A bill to promote the implementation of programs to improve the traffic
safety performance of high risk drivers; to the Committee on
Transportation and Infrastructure.
H.R. 1868--
A bill making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1996,
and for other purposes.
Senate amendment disposed of in both Houses as if enacted into law by
sec. 301, P.L. 104-99, [26JA]
Presented to the President (January 31, 1996)
Approved [Public Law 104-107] (signed February 12, 1996)
[[Page 2856]]
H.R. 1874--
A bill to modify the boundaries of the Talladega National Forest, AL; to
the Committee on Agriculture.
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-310] (signed October 19, 1996)
H.R. 1876--
A bill to support proposals to implement the U.S. goal of the eventual
elimination of antipersonnel landmines, to impose a moratorium on
the use of antipersonnel landmines except in limited circumstances,
to provide for sanctions against foreign governments that export
antipersonnel landmines, and for other purposes; to the Committees
on International Relations; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [4JA], [25JA], [7MY], [30MY], [2AU], [30SE]
H.R. 1880--
A bill to designate the U.S. post office building located at 102 South
McLean, Lincoln, IL, as the ``Edward Madigan Post Office Building'';
to the Committee on Government Reform and Oversight.
Passed Senate, [27JN]
Presented to the President (July 2, 1996)
Approved [Public Law 104-157] (signed July 9, 1996)
H.R. 1882--
A bill to consolidate the Administrator of General Services authorities
relating to the control and utilization of excess and surplus
property, and for other purposes; to the Committees on Government
Reform and Oversight; National Security; Science; International
Relations; Small Business, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [23MY]
H.R. 1883--
A bill to strengthen parental, local, and State control of education in
the United States by eliminating the Department of Education and
redefining the Federal role in education; to the Committees on
Economic and Educational Opportunities; the Budget; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [27MR], [25AP]
H.R. 1884--
A bill to provide for school bus safety, and for other purposes; to the
Committees on Transportation and Infrastructure; Economic and
Educational Opportunities; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [6FE], [23FE], [29FE], [4MR], [29AP], [5JN], [4SE]
H.R. 1886--
A bill for the relief of John Wesley Davis; to the Committee on the
Judiciary.
Reported with amendment (H. Rept. 104-696), [23JY]
Passed House amended, [17SE]
H.R. 1889--
A bill to encourage organ donation by enclosing information in income
tax refund check mailings; to the Committee on Ways and Means.
Cosponsors added, [24JA], [1FE], [27FE], [23AP], [1MY], [7MY], [22MY],
[18SE], [27SE]
H.R. 1892--
A bill to amend the Communications Act of 1934 to clarify the
requirements applicable to hearing aid compatible telephones in
workplaces; to the Committee on Commerce.
Cosponsors added, [1MY], [10MY]
H.R. 1893--
A bill to amend the Internal Revenue Code of 1986 to exclude length of
service awards to volunteers performing fire fighting or prevention
services, emergency medical services, or ambulance services from the
limitations applicable to certain deferred compensation plans, and
for other purposes; to the Committee on Ways and Means.
Cosponsors added, [23JA], [25JA], [14MR], [28MR], [15AP], [23AP],
[7MY], [20JN]
H.R. 1899--
A bill to amend title 18, United States Code, to prohibit certain
conduct relating to civil disorders; to the Committee on the
Judiciary.
Cosponsors added, [19JN]
H.R. 1900--
A bill to amend the Clear Air Act to exempt agriculture-related
facilities from certain permitting requirements, and for other
purposes; to the Committee on Commerce.
Cosponsors added, [31JA]
H.R. 1916--
A bill to reform certain statutes regarding civil asset forfeiture; to
the Committees on the Judiciary; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [14MR], [26MR], [23MY], [11JY], [22JY], [25SE]
H.R. 1920--
A bill to protect victims of domestic violence from health insurance
discrimination; to the Committee on Commerce.
Cosponsors added, [1FE], [28FE], [19MR], [26JY]
H.R. 1923--
A bill to balance the budget of the U.S. Government by restructuring
Government, reducing Federal spending, eliminating the deficit,
limiting bureaucracy, and restoring federalism; to the Committees on
Government Reform and Oversight; National Security; Banking and
Financial Services; International Relations; Science; Commerce;
Resources; Rules; Transportation and Infrastructure; Agriculture;
Small Business; the Judiciary; Ways and Means; Economic and
Educational Opportunities; the Budget; Veterans' Affairs; House
Oversight; Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [31JY]
H.R. 1930--
A bill to govern relations between the United States and the Palestine
Liberation Organization [PLO], to enforce PLO compliance with
standards of international conduct, and for other purposes; to the
Committees on International Relations; Banking and Financial
Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [11JY]
H.R. 1932--
A bill to amend the Public Health Service Act to prohibit governmental
discrimination in the training and licensing of health professionals
on the basis of the refusal to undergo or provide training in the
performance of induced abortions, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [21MR]
H.R. 1933--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the bicentennial of the Old State House of
Connecticut; to the Committee on Banking and Financial Services.
Cosponsors added, [24JA]
H.R. 1936--
A bill to amend title 5, United States Code, to provide for certain
minimum requirements under the Federal Employees Health Benefits
Program with respect to obstetrical benefits; to the Committee on
Government Reform and Oversight.
H.R. 1946--
A bill to protect the fundamental right of a parent to direct the
upbringing of a child, and for other purposes; to the Committee on
the Judiciary.
Cosponsors added, [28FE], [13MR], [30MY], [25JN]
H.R. 1948--
A bill to require that health plans provide coverage for a minimum
hospital stay for a mother and child following the birth of the
child, and for other purposes; to the Committee on Commerce.
Cosponsors added, [24JA], [9FE], [13FE]
H.R. 1950--
A bill to require that health plans provide coverage for a minimum
hospital stay for a mother and child following the birth of the
child, and for other purposes; to the Committee on Commerce.
Cosponsors added, [1FE], [17AP], [10SE], [27JN]
H.R. 1951--
A bill to amend the Federal Food, Drug, and Cosmetic Act to allow food
and dietary supplement manufacturers to communicate truthful,
nonmisleading information to consumers concerning the nutritional
content and disease prevention benefits of their products, to repeal
or clarify rules enacted by the Dietary Supplement Health and
Education Act of 1994, and for other purposes; to the Committee on
Commerce.
Cosponsors added, [10MY], [21MY], [23MY]
H.R. 1953--
A bill to amend the Internal Revenue Code of 1986 to encourage the
development of a commercial space industry in the United States; to
the Committee on Ways and Means.
Cosponsors added, [29MR]
H.R. 1955--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 to provide for certain minimum requirements for group health
plans with respect to obstetrical benefits; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [31JA]
H.R. 1957--
A bill to amend the Internal Revenue Code of 1986 to allow the deduction
of certain interest on automobile loans; to the Committee on Ways
and Means.
Cosponsors added, [18AP]
H.R. 1963--
A bill to amend title 39, United States Code, to provide that the
payment of a bill, invoice, or statement of account due, if made by
mail, shall be considered to have been made on the date as of which
the envelope which is used to transmit such payment is postmarked;
to the Committee on Government Reform and Oversight.
Cosponsors added, [31JA], [28FE], [28MR]
Cosponsors removed, [1FE], [5MR], [6MR], [12MR], [16AP]
H.R. 1965--
A bill to reauthorize the Coastal Zone Management Act of 1972, and for
other purposes; to the Committee on Resources.
Cosponsors added, [28FE], [4MR], [12MR]
Reported with amendment (H. Rept. 104-521), [16AP]
Rules suspended. Passed House amended, [23AP]
Passed Senate, [21MY]
Presented to the President (May 23, 1996)
Approved [Public Law 104-150] (signed June 3, 1996)
H.R. 1968--
A bill to require that health plans provide coverage for a minimum
hospital stay for a mother and child following the birth of the
child, and for other purposes; to the Committee on Commerce.
Cosponsors added, [23JA]
H.R. 1972--
A bill to amend the Internal Revenue Code of 1986 to clarify the
standards used for determining whether individuals are not
employees; to the Committee on Ways and Means.
Cosponsors added, [1FE], [28FE], [14MR], [29MR], [30MY]
Cosponsors removed, [5MR], [19MR], [21MR], [29MR], [15AP], [16AP],
[25AP], [30AP], [10MY], [16MY], [29MY], [18JN], [27JN]
H.R. 1975--
A bill to improve the management of royalties from Federal and Outer
Continental Shelf oil and gas leases, and for other purposes; to the
Committee on Resources.
Reported with amendment (H. Rept. 104-667), [11JY]
Rules suspended. Passed House amended, [16JY]
Cosponsors added, [16JY]
Passed Senate, [2AU]
Presented to the President (August 7, 1996)
Approved [Public Law 104-185] (signed August 13, 1996)
H.R. 1977--
A bill making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1996, and
for other purposes.
Committee on Appropriations discharged from further consideration of
Presidential veto message, [4JA]
Presidential veto message sustained in the House, [4JA]
Presidential veto message referred to the Committee on Appropriations,
[4JA]
H.R. 1980--
A bill to provide for demonstration projects throughout the United
States in order to celebrate
[[Page 2857]]
the process of becoming and being an American citizen; to the
Committee on the Judiciary.
Cosponsors added, [22MY]
H.R. 1981--
A bill to amend the Federal Property and Administrative Services Act of
1949 to require executive agencies to procure property and services
related to motor vehicle pools or systems only under contracts
awarded under competitive procedures in accordance with rules issued
by the Director of the Office of Management and Budget and to report
to the Director regarding costs associated with agency operation of
motor vehicle fleets; to the Committee on Government Reform and
Oversight.
Cosponsors added, [15AP]
H.R. 1989--
A bill to make improvements in the operation and administration of the
Federal courts, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [27FE]
H.R. 1994--
A bill to amend title 10, United States Code, to provide for future
cost-of-living adjustments for military retirees on the same basis
as applies to Federal civil service retirees; to the Committees on
National Security; Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [24SE]
H.R. 1998--
A bill to provide for State credit union representation on the National
Credit Union Administration Board, and for other purposes; to the
Committee on Banking and Financial Services.
Cosponsors added, [28FE], [13MR], [24AP], [25AP], [14MY], [18JN],
[16JY], [11SE]
H.R. 2001--
A bill for the relief of Norton R. Girault; to the Committee on the
Judiciary.
Reported (H. Rept. 104-637), [26JN]
Passed House, [16JY]
H.R. 2003--
A bill to authorize the Secretary of Agriculture to make temporary
assistance available to support community food security projects
designed to meet the food needs of low-income people, increase the
self-reliance of communities in providing for their own food needs,
and promote comprehensive, inclusive, and future-oriented solutions
to local food, farm, and nutrition problems; to the Committee on
Agriculture.
Cosponsors added, [31JA], [27MR]
H.R. 2005--
A bill to direct the Secretary of the Interior to make technical
corrections in maps relating to the Coastal Barrier Resources
System; to the Committee on Resources.
H.R. 2006--
A bill to amend title 31, United States Code, to provide an automatic
continuing appropriation for the U.S. Government; to the Committees
on Appropriations; Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [2AU], [5SE], [17SE]
H.R. 2008--
A bill to repeal the quota and price support programs for peanuts; to
the Committee on Agriculture.
Cosponsors added, [27FE], [13JN], [5JA]
H.R. 2009--
A bill to amend title 5, United States Code, to include medical foods as
a specific item for which coverage may be provided under the Federal
Employees Health Benefits Program; to the Committee on Government
Reform and Oversight.
Cosponsors added, [23JA], [31JA], [24AP], [10MY], [23MY], [23JY]
H.R. 2011--
A bill to assure equitable coverage and treatment of emergency services
under health plans; to the Committees on Commerce; Ways and Means,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [25JA], [1FE], [27FE], [7MR], [21MR], [27MR],
[29MR], [16AP], [18AP], [23AP], [7MY], [15MY], [21MY], [22MY],
[25JN], [12JY], [22JY], [23JY], [29JY], [31JY], [2AU], [4SE],
[18SE], [24SE], [25SE], [26SE], [27SE], [3OC], [5JA], [12JN],
[27JN], [5JA], [12JN], [27JN]
H.R. 2016--
A bill to amend title 10, United States Code, to eliminate the
requirement that commissioned officers of the armed services be
initially appointed as reserve officers regardless of the source of
their commission; to the Committee on National Security.
Cosponsors added, [27FE], [19JN]
H.R. 2019--
A bill to allow patients to receive any medical treatment they want
under certain conditions and for other purposes; to the Committee on
Commerce.
Cosponsors added, [31JA], [6MR], [13MR], [27MR], [29MR], [18AP],
[24AP], [2MY], [5JN], [11JY], [22JY], [24JY], [19SE], [26SE], [12JN]
H.R. 2024--
A bill to phase out the use of mercury in batteries and provide for the
efficient and cost-effective collection and recycling or proper
disposal of used nickel cadmium batteries, small sealed lead-acid
batteries, and certain other batteries, and for other purposes; to
the Committee on Commerce.
Cosponsors added, [28FE], [15AP], [23AP]
Reported with amendment (H. Rept. 104-530), [23AP]
Rule suspended. Passed House amended, [23AP]
Passed Senate, [25AP]
Presented to the President (May 2, 1996)
Approved [Public Law 104-142] (signed May 13, 1996)
H.R. 2026--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 200th anniversary of the death of George
Washington; to the Committee on Banking and Financial Services.
Cosponsors added, [6MR], [29MR], [23AP], [30AP], [7MY], [9MY], [15MY],
[21MY], [23MY], [29MY], [30MY], [5JN], [13JN], [18JN], [19JN],
[25JN], [30JY], [10JY]
Rules suspended. Passed House amended, [17SE]
H.R. 2029--
A bill to amend the Farm Credit Act of 1971 to provide regulatory
relief; to the Committee on Agriculture.
House agreed to Senate amendments with an amendment, [3JA]
Senate agreed to House amendment to Senate amendments, [26JA]
Presented to the President (January 31, 1996)
Approved [Public Law 104-105] (signed February 10, 1996)
H.R. 2036--
A bill to amend the Solid Waste Disposal Act to make certain adjustments
in the land disposal program to provide needed flexibility, and for
other purposes; to the Committee on Commerce.
Cosponsors added, [26JA]
Reported with amendment (H. Rept. 104-454), [30JA]
Rules suspended. Passed House amended, [31JA]
Passed Senate amended, [7FE]
House agreed to Senate amendments, [7MR]
Presented to the President (March 15, 1996)
Approved [Public Law 104-119] (signed March 26, 1996)
H.R. 2039--
A bill to amend the Internal Revenue Code of 1986 to provide for S
corporation reform, and for other purposes; to the Committee on Ways
and Means.
Cosponsors added, [25JA]
H.R. 2041--
A bill to amend the Organic Act of Guam to provide restitution to the
people of Guam who suffered atrocities such as personal injury,
forced labor, forced marches, internment, and death during the
occupation of Guam in World War II, and for other purposes; to the
Committees on Resources; the Judiciary; International Relations, for
a period to be subsequently determined by the Speaker, in each cas
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Reported with amendment (H. Rept. 104-867, part 1), [11OC]
Referral to the Committee on International Relations extended, [11OC]
Committee discharged, [11OC]
Referral to the Committee on the Judiciary extended, [11OC]
H.R. 2044--
A bill to remove police officers employed by the Long Island Rail Road
Company from coverage under the Employer's Liability Act, the
Railway Labor Act, the Railroad Retirement Act, and the Railroad
Unemployment Insurance Act, and for other purposes; to the
Committees on Transportation and Infrastructure; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [24JA]
H.R. 2060--
A bill to promote freedom, fairness, and economic opportunity for
families by reducing the power and reach of the Federal
establishment; to the Committees on Ways and Means; Government
Reform and Oversight; the Budget; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [22MR]
Cosponsors removed, [18AP]
H.R. 2061--
A bill to designate the Federal building located at 1550 Dewey Avenue,
Baker City, OR as the ``David J. Wheeler Federal Building''; to the
Committee on Transportation and Infrastructure.
Passed Senate, [3JA]
Presented to the President (January 23, 1996)
Approved [Public Law 104-101] (signed February 1, 1996)
H.R. 2064--
A bill to grant the consent of Congress to an amendment of the Historic
Chattahoochee Compact between the States of Alabama and Georgia; to
the Committee on the Judiciary.
Rules suspended. Passed House, [12MR]
Passed Senate, [3MY]
Presented to the President (May 6, 1996)
Approved [Public Law 104-144] (signed May 16, 1996)
H.R. 2065--
A bill to prohibit the importation of goods produced abroad with child
labor, and for other purposes; to the Committees on International
Relations; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [24JA], [19MR], [9MY], [12JY]
H.R. 2066--
A bill to amend the National School Lunch Act to provide greater
flexibility to schools to meet the dietary guidelines for Americans
under the school lunch and school breakfast programs; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [22MR], [25AP], [7MY]
Reported with amendment (H. Rept. 104-561), [7MY]
Rules suspended. Passed House amended, [14MY]
Passed Senate, [16MY]
Presented to the President (May 22, 1996)
Approved [Public Law 104-149] (signed May 29, 1996)
H.R. 2070--
A bill to provide for the distribution within the United States of the
U.S. Information Agency film entitled ``Fragile Ring of Life''; to
the Committee on International Relations.
Passed Senate, [28JN]
Presented to the President (July 8, 1996)
Approved [Public Law 104-161] (signed July 18, 1996)
H.R. 2071--
A bill to promote cost containment and reform in health care; to the
Committees on Commerce; Ways and Means; Economic and Educational
Opportunities; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [12MR], [27MR]
H.R. 2072--
A bill to amend the Federal Election Campaign Act of 1971 to ban
contributions to candidates in elections for Federal office by
persons other than individuals and political party committees, to
amend the Rules of the House of Representatives to ban gifts, and
for other purposes; to the Committees on House Oversight; Rules;
Government Reform and Oversight; Standards of Official Conduct, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such
[[Page 2858]]
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors removed, [24JA]
H.R. 2076--
A bill making appropriations for the Department of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 1996, and for other purposes.
Committee on Appropriations discharged from further consideration of
Presidential veto message, [3JA]
Presidential veto message sustained in the House, [3JA]
Presidential veto message referred to the Committee on Appropriations,
[3JA]
H.R. 2078--
A bill to amend the Internal Revenue Code of 1986 to clarify the excise
tax treatment of draft cider; to the Committee on Ways and Means.
Cosponsors added, [3JA]
H.R. 2080--
A bill to amend title 38, United States Code, to provide priority health
care by the Department of Veterans Affairs for veterans who received
nasopharyngeal irradiation treatments while serving in the Armed
Forces; to the Committee on Veterans' Affairs.
Cosponsors added, [28FE], [5JN], [25SE]
H.R. 2084--
A bill to authorize the Secretary of Agriculture to impose labeling
requirements for milk and milk products produced from cows which
have been treated with synthetic bovine growth hormone, to amend the
Agriculture Act of 1949 to require the Secretary of Agriculture to
reduce the price received by producers for milk that is produced by
cows injected with synthetic bovine growth hormone, to direct the
Secretary of Health and Human Services to develop a synthetic BGH
residue test, and for other purposes; to the Committee on
Agriculture.
Cosponsors added, [11SE]
H.R. 2085--
A bill to amend the Federal Food, Drug, and Cosmetic Act to require
labeling for milk and milk products produced from cows which have
been treated with synthetic bovine growth hormone, to direct the
development of a synthetic bovine growth hormone residue test, and
for other purposes; to the Committee on Commerce.
Cosponsors added, [11SE]
H.R. 2086--
A bill to increase the overall economy and efficiency of Government
operations and enable more efficient use of Federal funding, by
enabling local governments and private, nonprofit organizations to
use amounts available under certain Federal assistance programs in
accordance with approved local flexibility plans; to the Committee
on Government Reform and Oversight.
Cosponsors added, [20MR], [26MR], [29MR]
Cosponsors removed, [9MY]
Reported with amendment (H. Rept. 104-847), [26SE]
H.R. 2087--
A bill to provide that human life shall be deemed to exist from
conception; to the Committee on the Judiciary.
Cosponsors added, [29MR]
H.R. 2089--
A bill to provide for a change in the exemption from the child labor
provisions of the Fair Labor Standards Act of 1938 for minors
between 16 and 18 years of age who engage in the operation of
automobiles and trucks; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [28MR], [11JN], [19JN], [20JN], [11SE], [26SE],
[27SE], [27JN]
H.R. 2090--
A bill to reduce the number of executive branch political appointees; to
the Committee on Government Reform and Oversight.
Cosponsors added, [6MR], [25AP], [11JY], [22JY], [2AU], [12JN]
H.R. 2092--
A bill to expedite State reviews of criminal records of applicants for
private security officer employment, and for other purposes; to the
Committees on Economic and Educational Opportunities; the Judiciary,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [24JA], [24AP], [10JY]
Reported with amendment (H. Rept. 104-827, part 1), [24SE]
Considered under suspension of the Rules, [25SE]
Rules suspended. Passed House amended, [26SE]
H.R. 2098--
A bill to amend title 31, United States Code, to authorize the Secretary
of the Treasury to manage the cash positions of the U.S. Government
whenever it is unable to borrow sufficient funds to meet its needs;
to the Committee on Ways and Means.
Cosponsors added, [30JA], [28FE], [6MR]
H.R. 2100--
A bill to direct the Secretary of the Interior to make technical
corrections to maps relating to the Coastal Barrier Resources
System; to the Committee on Resources.
Reported with amendment (H. Rept. 104-452), [24JA]
H.R. 2101--
A bill to amend title 18, United States Code, to permanently prohibit
the possession of firearms by persons who have been convicted of a
violent felony, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [19MR]
H.R. 2107--
A bill to amend the Land and Water Conservation Fund Act of 1965 to
improve the quality of visitor services provided by Federal land
management agencies through an incentive-based recreation fee
program, and for other purposes; to the Committee on Resources.
Reported with amendment (H. Rept. 104-757), [4SE]
H.R. 2111--
A bill to designate the Social Security Administration's Western Program
Service Center located at 1221 Nevin Avenue, Richmond, CA, as the
``Francis J. Hagel Building''; to the Committee on Transportation
and Infrastructure.
Passed Senate, [26JA]
Presented to the President (31JA)
Approved [Public Law 104-108] (signed February 12, 1996)
H.R. 2119--
A bill to amend the Federal Election Campaign Act of 1971 to require
certain disclosure and reports relating to polling by telephone or
electronic device; to the Committee on House Oversight.
Cosponsors added, [26JN], [3OC], [3JA]
H.R. 2122--
A bill to designate the Lake Tahoe Basin National Forest in the States
of California and Nevada to be administered by the Secretary of
Agriculture, and for other purposes; to the Committees on Resources;
Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [6JN]
Reported with amendment from the Committee on Resources (H. Rept. 104-
772, part 1), [4SE]
Referral to the Committee on Agriculture extended, [4SE]
Committee on Agriculture discharged, [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 2128--
A bill to prohibit discrimination and preferential treatment on the
basis of race, color, national origin, or sex with respect to
Federal employment, contracts, and programs, and for other purposes;
to the Committees on the Judiciary; Economic and Educational
Opportunities; Government Reform and Oversight; House Oversight, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [23JA], [29FE], [23AP], [13JN], [2AU]
H.R. 2130--
A bill to amend the Farm Credit Act of 1971 to improve the efficiency
and operation of the Federal Agricultural Mortgage Corporation in
order to better to ensure that farmers, ranchers, and rural home
owners will have access to a stable and competitive supply of
mortgage credit now and in the future; to the Committee on
Agriculture.
Reported with amendment (H. Rept. 104-446, part 1), [4JA]
Referred to the Committee on Banking and Financial Services, [4JA]
Committee discharged, [15MR]
H.R. 2133--
A bill to amend title VII of the Civil Rights Act of 1964 and the Age
Discrimination in Employment Act of 1967 to improve the
effectiveness of administrative review of employment discriminations
claims made by Federal employees, and for other purposes; to the
Committees on Government Reform and Oversight; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [25JA]
H.R. 2134--
A bill to amend the Fair Labor Standards Act of 1938 to allow employees
in classified positions in community colleges to serve in certified
or other academic capacities; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [18AP]
H.R. 2135--
A bill to provide for the correction of boundaries of certain lands in
Clark County, NV, acquired by persons who purchased such lands in
good faith reliance on existing private land surveys; to the
Committee on Resources.
Reported with amendments (H. Rept. 104-755), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 2137--
A bill to amend the Violent Crime Control and Law Enforcement Act of
1994 to require the release of relevant information to protect the
public from sexually violent offenders; to the Committee on the
Judiciary.
Cosponsors added, [16FE], [28FE], [15AP], [24AP], [6MY]
Reported with amendment (H. Rept. 104-555), [6MY]
Rules suspended. Passed House amended, [7MY]
Passed Senate, [9MY]
Presented to the President (May 13, 1996)
Approved [Public Law 104-145] (signed May 17, 1996)
H.R. 2138--
A bill to amend the Internal Revenue Code of 1986 to provide a tax
credit for investment necessary to revitalize communities within the
United States, and for other purposes; to the Committee on Ways and
Means.
Cosponsors added, [28FE], [25AP], [13JN], [2AU], [10SE], [10JY]
H.R. 2143--
A bill to amend the Packers and Stockyards Act, 1921, to make it
unlawful for any stockyard owner, market agency, or dealer to
transfer or market nonambulatory cattle, sheep, swine, horses,
mules, or goats, and for other purposes; to the Committee on
Agriculture.
Cosponsors added, [20FE], [5MR], [29MR], [16MY], [9JY], [5JA], [10JY],
[5JA], [10JY]
H.R. 2144--
A bill to amend title 49, United States Code, in a manner which ensures
to a greater degree the ability of utility providers to establish,
improve, operate, and maintain utility structures, facilities, and
equipment for the benefit, safety, and well-being of consumers by
removing limitations on maximum driving and on-duty time in regard
to utility vehicle operators and drivers, and for other purposes; to
the Committee on Transportation and Infrastructure.
Cosponsors added, [9MY], [30MY]
H.R. 2145--
A bill to reauthorize and make reforms to programs authorized by the
Public Works and Economic Development Act of 1965 and the
Appalachian Regional Development Act of 1965; to the Committees on
Transportation and Infrastructure; Banking and Financial Services,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Reported from the Committee on Transportation and Infrastructure (H.
Rept. 104-693), [18JY]
Referral to the Committee on Banking and Financial Services extended,
[22JY]
Committee discharged, [9SE]
H.R. 2149--
A bill to reduce regulation, promote efficiencies, and encourage
competition in the inter
[[Page 2859]]
national ocean transportation system of the United States, to
eliminate the Federal Maritime Commission, and for other purposes;
to the Committee on Transportation and Infrastructure.
Passed House amended, [1MY]
H.R. 2152--
A bill to establish the Independent Commission on Medicare to make
recommendations on how to best match the structure of the Medicare
Program with the funding made available for the program by Congress,
to provide for expedited consideration in Congress of the
Commission's recommendations, and to establish a default process for
meeting congressional spending targets for the Medicare Program if
Congress rejects the Commission's recommendations; to the Committees
on Ways and Means; Commerce; Rules; the Budget, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [13JN], [24JY], [10SE], [19SE], [27SE], [28SE],
[3JA]
H.R. 2160--
A bill to authorize appropriations to carry out the Interjurisdictional
Fisheries Act of 1986 and the Anadromous Fish Conservation Act; to
the Committee on Resources.
Reported with amendment (H. Rept. 104-517), [15AP]
Rules suspended. Passed House amended, [23AP]
H.R. 2167--
A bill to amend title II of the Social Security Act to provide that the
reductions in Social Security benefits which are required in the
case of spouses and surviving spouses who are also receiving certain
Government pensions shall be equal to the amount by which the total
amount of the combined monthly benefit--before reduction--and
monthly pension exceeds $1,200; to the Committee on Ways and Means.
Cosponsors added, [29FE], [12MR], [20MR], [22MR], [15AP], [6MY],
[7MY], [14MY], [29MY], [30JY], [17SE], [27SE], [26JY]
H.R. 2173--
A bill to amend title XVIII of the Social Security Act to modify the
types of ownership and compensation arrangements which are not
considered arrangements between a physician and an entity furnishing
a designated health service under the Medicare Program for purposes
of the provisions of such title which deny payment for designated
health services for which a referral is made by a physician with an
ownership or compensation arrangement with the entity furnishing the
service; to the Committees on Commerce; Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [1AU]
H.R. 2178--
A bill to promote redevelopment of brownfields by providing Federal
assistance for brownfield cleanups, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [25JA], [28FE], [7MR], [29MR], [30AP], [18JY]
H.R. 2181--
A bill to enhance the National Park System, and for other purposes; to
the Committee on Resources.
Cosponsors added, [31JA]
H.R. 2182--
A bill to amend the Immigration and Nationality Act with respect to
treatment of aliens who claim asylum after passing through a third
country which could provide asylum; to the Committee on the
Judiciary.
Cosponsors added, [6MR], [13MR], [29MY]
H.R. 2184--
A bill to amend title 5 of the United States Code to provide for the
continuance of pay during lapses in appropriations; to the
Committees on Government Reform and Oversight; Appropriations, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [24JA]
H.R. 2185--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of bone mass measurements for certain individuals under
part B of the Medicare Program; to the Committees on Commerce; Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [18AP], [22MY], [11JY], [2AU], [17SE], [27SE],
[27JN]
H.R. 2190--
A bill to amend the Internal Revenue Code of 1986 to allow a family-
owned business exclusion from the gross estate subject to estate
tax, and for other purposes; to the Committee on Ways and Means.
Cosponsors added, [31JA], [16JY], [5SE]
H.R. 2192--
A bill to amend title 18, United States Code, to restrict the mailorder
sale of body armor; to the Committee on the judiciary.
Cosponsors added, [23JA], [25JA], [29MR]
H.R. 2193--
A bill to amend the Internal Revenue Code of 1986 with respect to the
eligibility of veterans for mortgage revenue bond financing, and for
other purposes; to the Committee on Ways and Means.
Cosponsors added, [27FE], [5MR], [21MR], [29MR], [23AP], [5JN],
[31JY], [3JA]
H.R. 2196--
A bill to amend the Stevenson-Wydler Technology Innovation Act of 1980
with respect to inventions made under cooperative research and
development agreements, and for other purposes; to the Committee on
Science.
Passed Senate amended, [7FE]
Rules suspended. House agreed to Senate amendments, [27FE]
Presented to the President (February 28, 1996)
Approved [Public Law 104-113] (signed March 7, 1996)
H.R. 2199--
A bill to amend the Internal Revenue Code of 1986 to modify the
application of the passive loss limitations to equine activities; to
the Committee on Ways and Means.
Cosponsors added, [25JA], [5JN]
H.R. 2200--
A bill to provide for a reduction in regulatory costs by maintaining
Federal average fuel economy standards applicable to automobiles in
effect at current levels until changed by law; to the Committee on
Commerce.
Cosponsors added, [31JA], [28FE], [7MR], [13MR], [20MR], [28MR],
[1MY], [14MY], [22MY], [5JN], [18JN], [26JN], [4SE]
H.R. 2202--
A bill to amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by increasing
border patrol and investigative personnel, by increasing penalties
for alien smuggling and for document fraud, by reforming exclusion
and deportation law and procedures, by improving the verification
system for eligibility for employment, and through other measures,
to reform the legal immigration system and facilities legal entries
into the United States, and for other purposes; to the Committees on
the Judiciary; National Security; Government Reform and Oversight;
Ways and Means; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [4JA], [24JA], [28FE], [5MR], [6MR], [5JA]
Reported with amendment from the Committee on the Judiciary (H. Rept.
104-469, part 1), [4MR]
Referral to the Committees on Agriculture; Banking and Financial
Services; Economic and Educational Opportunities; Government Reform
and Oversight; National Security; Ways and Means extended, [4MR]
Reported with amendments from the Committee on Government Reform and
Organization (H. Rept. 104-469, part 2), [7MR]
Reported with amendments from the Committee on Agriculture (H. Rept.
104-469, part 3), [8MR]
Committees discharged, [8MR]
Considered, [19MR], [20MR]
Passed House amended, [21MR]
Supplemental report filed (H. Rept. 104-469, part 4), [21MR]
Passed Senate amended, [2MY]
Senate insisted on its amendment and asked for a conference. Conferees
appointed, [13MY]
Bill returned to Senate by House, [20MY]
Bill returned to House by Senate, [21MY]
House disagreed to Senate amendment and agreed to a conference.
Conferees appointed, [11SE]
Conference report (H. Rept. 104-828) submitted in the House, [24SE]
House agreed to conference report, [25SE]
Senate considered conference report, [26SE]
H.R. 2203--
A bill to reauthorize the tied aid credit program of the Export-Import
Bank of the United States, and to allow the Export-Import Bank to
conduct a demonstration project; to the Committee on Banking and
Financial Services.
Presented to the President (January 4, 1996)
Approved [Public Law 104-97] (signed January 11, 1996)
H.R. 2209--
A bill to establish a National Foundation on Physical Fitness and Sports
to carry out activities to support and supplement the mission of the
President's Council on Physical Fitness and Sports; to the Committee
on Economic and Educational Opportunities.
Cosponsors added, [1FE], [22MY], [18JN], [24JN], [25JN], [26JN],
[9JY], [11JY], [12JY], [16JY], [18JY], [25JY], [4SE], [10SE],
[20SE], [27JN]
H.R. 2211--
A bill to establish certain requirements with respect to solid waste and
hazardous waste incinerators, and for other purposes; to the
Committee on Commerce.
Cosponsors added, [17JY], [25SE]
H.R. 2214--
A bill to amend title 10, United States Code, to repeal the Social
Security offset applicable to certain annuities for surviving
spouses paid under the survivor benefit plan for retired members of
the Armed Forces to the extent that such offset is due to the
integration with Social Security benefits when the surviving spouse
reaches 62 years of age; to the Committee on National Security.
Cosponsors added, [25JA], [1FE], [20FE], [29FE], [5MR], [20MR],
[21MR], [22MR], [15AP], [17AP], [29AP], [7MY], [23MY], [26JN],
[16JY]
H.R. 2223--
A bill to establish and implement efforts to eliminate restrictions on
the enclaved people of Cyprus; to the Committee on International
Relations.
Cosponsors added, [4JA], [20SE], [27SE]
H.R. 2228--
A bill to waive the time limitations applicable to awarding the Medal of
Honor posthumously to Ruben Rivers; to the Committee on National
Security.
Cosponsors added, [25JA], [6MR]
H.R. 2230--
A bill to make a regulatory correction concerning methyl bromide to meet
the obligations of the Montreal Protocol without placing the farmers
of the United States at a competitive disadvantage versus foreign
growers; to the Committees on Commerce; Agriculture, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [7MR], [23MY]
H.R. 2234--
A bill to reduce delinquencies and to improve debt-collection activities
Government-wide, and for other purposes; to the Committees on
Government Reform and Oversight; the Judiciary; Ways and Means;
House Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [28FE]
H.R. 2237--
A bill to provide equal leave benefits for parents who adopt a child or
provide foster care for a child; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [20MR], [16MY], [25JN], [2AU], [28SE]
H.R. 2240--
A bill to require the Secretary of the Interior to prohibit the import,
export, sale, purchase, and possession of bear viscera or products
that contain or claim to contain bear viscera, and for
[[Page 2860]]
other purposes; to the Committees on Resources; International
Relations; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [4JA], [27FE], [28FE], [7MR], [28MR], [15AP],
[29MY], [22JY]
H.R. 2241--
A bill to make permanent the President's Outer Continental Shelf
moratorium statement of June 26, 1990; to the Committee on
Resources.
Cosponsors added, [19MR], [22MR]
H.R. 2242--
A bill to prohibit the Secretary of the Interior from issuing oil and
gas leases on certain portions of the Outer Continental Shelf; to
the Committee on Resources.
Cosponsors added, [19MR]
H.R. 2243--
A bill to amend the Trinity River Basin Fish and Wildlife Management Act
of 1984, to extend for 3 years the availability of moneys for the
restoration of fish and wildlife in the Trinity River, and for other
purposes; to the Committee on Resources.
Passed Senate, [3MY]
Presented to the President (May 6, 1996)
Approved [Public Law 104-143] (signed May 15, 1996)
H.R. 2244--
A bill to amend title 5, United States Code, to provide for the
forfeiture of retirement benefits in the case of any Member or
employee of Congress who is convicted of an offense relating to the
official duties of that individual; to the Committees on House
Oversight; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [15AP], [18AP], [30AP], [1MY], [7MY], [10MY],
[14MY], [21MY], [29MY], [11JN], [19JN], [25JY], [2AU], [27JN],
[10JY], [27JN], [10JY]
H.R. 2245--
A bill to establish a national program of trained community health
advisors to assist the States in attaining the Healthy People 2000
objectives; to the Committee on Commerce.
Cosponsors added, [24JA]
H.R. 2246--
A bill to amend the Internal Revenue Code of 1986 to provide for
designation of overpayments and contributions to the U.S. library
trust fund, and for other purposes; to the Committee on Ways and
Means.
Cosponsors added, [31JA], [30AP], [10MY], [29MY], [5JN], [10JN],
[11JN], [13JN], [18JN], [19JN], [22JY], [17SE], [3JA], [5JA], [3JA],
[5JA]
H.R. 2247--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under part B of the Medicare Program of medical nutrition
therapy services of registered dietitians and nutrition
professionals; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [25JA], [6MR], [19MR], [22MR], [29MR], [18AP],
[25AP], [10MY], [23MY], [30MY], [13JN], [18JY], [29JY], [2AU],
[4SE], [11SE], [27JN]
H.R. 2250--
A bill to provide for the return of economic resources for the
imposition of certain customs fees and duties to the community in
which the customs fees and duties are collected; to the Committee on
Ways and Means.
Cosponsors added, [29MR]
H.R. 2259--
A bill to disapprove certain sentencing guideline amendments; to the
Committee on the Judiciary.
Cosponsors added, [6FE]
H.R. 2260--
A bill to establish America's Agricultural Heritage Partnership in Iowa,
and for other purposes; to the Committees on Agriculture; Resources,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [31JA], [18JY], [12JN]
H.R. 2262--
A bill to designate the U.S. post office building located at 218 North
Alston Street in Foley, AL, as the ``Holk Post Office Building''; to
the Committee on Government Reform and Oversight.
H.R. 2264--
A bill to amend title 5, United States Code, to provide that civilian
employees of the National Guard may not be required to wear military
uniforms while performing civilian service; to the Committees on
Government Reform and Oversight; National Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [30JA]
H.R. 2270--
A bill to require Congress to specify the source of authority under the
U.S. Constitution for the enactment of laws, and for other purposes;
to the Committee on the Judiciary.
Cosponsors added, [22JA], [31JA], [1FE], [9FE], [23FE], [5MR], [6MR],
[12MR], [13MR], [18MR], [21MR], [22MR], [26MR], [27MR], [15AP],
[16AP], [23AP], [25AP], [30AP], [2MY], [7MY], [9MY], [10MY], [15MY],
[20MY], [23MY], [29MY], [4JN], [5JN], [18JN], [24JN], [8JY], [9JY],
[11JY], [17JY], [18JY], [23JY], [25JY], [30JY], [31JY], [5SE],
[10SE], [27JN]
H.R. 2271--
A bill to amend the Communications Act of 1934 to require radio and
television broadcasters to provide free broadcasting time for
political advertising; to the Committee on Commerce.
Cosponsors added, [18AP], [23MY]
H.R. 2272--
A bill to amend the Internal Revenue Code of 1986 to provide an
exclusion from gross income for that portion of a governmental
pension received by an individual which does not exceed the maximum
benefits payable under title II of the Social Security Act which
could have been excluded from income for the taxable year; to the
Committee on Ways and Means.
Cosponsors added, [7MR], [16AP], [15MY], [12JN]
H.R. 2275--
A bill to reauthorize and amend the Endangered Species Act of 1973; to
the Committees on Resources; Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [22MR]
Reported from the Committee on Resources with amendment (H. Rept. 104-
778, part 1), [9SE]
Referral to the Committee on Agriculture extended, [9SE]
Committee on Agriculture discharged, [9SE]
H.R. 2276--
A bill to establish the Federal Aviation Administration as an
independent establishment in the executive branch, and for other
purposes; to the Committees on Transportation and Infrastructure;
Government Reform and Oversight; the Budget, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [4JA], [22JA], [23JA], [24JA], [6FE], [27FE], [7MR]
Reported with amendment from the Committee on Transportation and
Infrastructure (H. Rept. 104-475, part 1), [7MR]
Referral to the Committees on Government Reform and Oversight; the
Budget extended, [7MR]
Committees discharged, [12MR]
Rules suspended. Passed House amended, [12MR]
H.R. 2281--
A bill to provide that Members of Congress shall not be paid during
Federal Government shutdowns; to the Committee on House Oversight.
Cosponsors added, [24JA], [1FE]
Cosponsors removed, [1FE]
H.R. 2285--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of Theodore Roosevelt, to authorize the appropriation
of the surcharges imposed with respect to such coins to the
Secretary of the Interior for use in connection with the
administration of the Endangered Species Act of 1973, and for other
purposes; to the Committee on Banking and Financial Services.
Cosponsors added, [27FE], [30AP]
H.R. 2286--
A bill to amend the Internal Revenue Code of 1986 to provide tax
incentives for the conservation of endangered species; to the
Committee on Ways and Means.
Cosponsors added, [18MR], [14MY]
H.R. 2292--
A bill to preserve and protect the Hanford Reach of the Columbia River,
and for other purposes; to the Committee on Resources.
Cosponsors added, [20MR]
Reported with amendment (H. Rept. 104-716), [29JY]
Rules suspended. Passed House amended, [4SE]
H.R. 2297--
A bill to codify without substantive change laws related to
transportation and to improve the United States Code; to the
Committee on the Judiciary.
Reported with amendment (H. Rept. 104-573), [14MY]
Rules suspended. Passed House amended, [29JY]
Passed Senate, [28SE]
Presented to the President (October 3, 1996)
Approved [Public Law 104-287] (signed October 11, 1996)
H.R. 2306--
A bill to amend title 5, United States Code, to provide additional
investment funds for the Thrift Savings Plan, and to make the
percentage limitations on individual contributions to such plan more
consistent with the dollar amount limitation on elective deferrals;
to the Committee on Government Reform and Oversight.
Cosponsors added, [16FE], [27FE], [29FE], [5MR], [12MR], [16AP],
[10MY], [11JN], [9JY]
H.R. 2310--
A bill to award a congressional gold medal to Francis Albert Sinatra; to
the Committee on Banking and Financial Services.
Cosponsors added, [31JA], [3JA]
H.R. 2311--
A bill to waive certain prohibitions with respect to nationals of Cuba
coming to the United States to play organized professional baseball;
to the Committees on International Relations; the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [30JA]
H.R. 2320--
A bill to provide for the more effective implementation of the
prohibition against the payment to prisoners of supplemental
security income benefits under title XVI of the Social Security Act
or monthly insurance benefits under title II of such act, and to
deny such supplemental security income benefits for 10 years to a
person found to have fraudulently obtained such benefits while in
prison; to the Committee on Ways and Means.
Cosponsors added, [25JA], [13FE], [23FE], [29FE], [5MR], [13MR],
[20MR], [28MR], [18AP], [25AP], [30AP], [8MY], [14MY], [22MY],
[23MY], [30MY], [11JN], [20JN], [24JY], [31JY], [10JY]
H.R. 2323--
A bill to amend the Solid Waste Disposal Act to authorize State and
local governments to prohibit or restrict the receipt of out-of-
State municipal solid waste, to authorize local governments to
control and direct the movement of certain solid waste, and for
other purposes; to the Committee on Commerce.
Cosponsors added, [29FE], [25SE]
H.R. 2333--
A bill to amend the Internal Revenue Code of 1986 to simplify the method
of payment of taxes on distilled spirits; to the Committee on Ways
and Means.
Cosponsors added, [28FE], [29FE], [6MR], [13MR], [19MR], [2MY],
[13JN], [18JN], [9JY], [3JA]
H.R. 2335--
A bill to amend the Solid Waste Disposal Act to exempt from the solid
waste designation all recoverable materials that are contained,
collected, and returned to an industrial process; to the Committee
on Commerce.
Cosponsors added, [30JA], [28FE], [17AP], [9MY], [11JN]
H.R. 2337--
A bill to amend the Internal Revenue Code of 1986 to provide for
increased taxpayer protections; to the Committee on Ways and Means.
[[Page 2861]]
Cosponsors added, [27MR]
Reported with amendment (H. Rept. 104-506), [28MR]
Rules suspended. Passed House amended, [16AP]
Passed Senate, [11JY]
Presented to the President (July 25, 1996)
Approved [Public Law 104-168] (signed July 30, 1996)
H.R. 2338--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for contributions to an individual training account; to the
Committee on Ways and Means.
Cosponsors added, [20MR], [1MY], [8MY], [16MY], [17JN], [6JN]
H.R. 2341--
A bill to amend chapter 89 of title 5, United States Code, to permit
Federal employees and annuitants to elect to receive contributions
into medical savings accounts under the Federal Employees Health
Benefits Program [FEHBP]; to the Committee on Government Reform and
Oversight.
Cosponsors added, [29MY]
H.R. 2342--
A bill to authorize associations of independent producers of natural
gas; to the Committee on the Judiciary.
Cosponsors added, [31JA], [6MR], [23AP], [8MY], [16MY], [22MY], [25JN]
H.R. 2344--
A bill to establish the Lower East Side Tenement Museum National
Historic Site, and for other purposes; to the Committee on
Resources.
Cosponsors added, [29FE]
H.R. 2350--
A bill to amend title XVIII of the Social Security Act to provide
protections for Medicare beneficiaries who enroll in Medicare
managed care plans; to the Committees on Ways and Means; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [23JA], [27FE]
H.R. 2353--
A bill to amend title 38, United States Code, to extend certain expiring
authorities of the Department of Veterans Affairs relating to
delivery of health and medical care, and for other purposes; to the
Committee on Veterans' Affairs.
Passed Senate amended, [5JA]
House agreed to Senate amendments with amendments, [25JA]
Senate agreed to House amendments to Senate amendments, [30JA]
Presented to the President (February 1, 1996)
Approved [Public Law 104-110] (signed February 13, 1996)
H.R. 2364--
A bill to provide incentives for the conservation and recovery of
endangered species, and for other purposes; to the Committees on
Resources; the Judiciary; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [22JA], [22MR]
H.R. 2366--
A bill to repeal an unnecessary medical device reporting requirement; to
the Committees on Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Passed Senate, [25SE]
Presented to the President (26SE)
Approved [Public Law 104-224] (signed October 2, 1996)
H.R. 2367--
A bill to amend the Clean Air Act to further protect and enhance the
public interest by ensuring an orderly transition from
chlorofluorocarbons (CFC's) and halons to substitute compounds, and
for other purposes; to the Committees on Commerce; Ways and Means,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [18JY]
H.R. 2374--
A bill to amend the Endangered Species Act of 1973 to encourage the
continued conservation of America's natural legacy for future
generations provide incentives for States, local governments, and
private landowners to conserve species, and otherwise improve the
act through increased flexibility and broader cooperation; to the
Committee on Resources.
Cosponsors added, [24JA], [25JA]
H.R. 2386--
A bill to save the lives of police officers; to the Committee on the
Judiciary.
Cosponsors added, [9JA]
H.R. 2391--
A bill to amend the Fair Labor Standards Act of 1938 to provide
compensatory time for all employees; to the Committee on Economic
and Educational Opportunities.
Cosponsors added, [23FE], [28FE], [14MR], [29MR], [16AP], [25AP],
[8MY], [21MY], [10JN], [19JN], [20JN], [26JN], [11JY]
Reported with amendment (H. Rept. 104-670), [11JY]
Cosponsors removed, [23JY]
Passed House amended, [30JY]
H.R. 2392--
A bill to amend the Umatilla Basin Project Act to establish boundaries
for irrigation districts within the Umatilla Basin, and for other
purposes; to the Committee on Resources.
Reported with amendment (H. Rept. 104-860), [28SE]
H.R. 2396--
A bill to amend the Congressional Award Act to revise and extend
authorities for the Congressional Award Board; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [22MY], [1AU], [28SE]
H.R. 2400--
A bill to establish standards for health plan relationships with
enrollees, health professionals, and providers; to the Committee on
Commerce.
Cosponsors added, [31JA], [12MR], [26MR], [29MR], [1MY], [7MY], [8MY],
[30MY], [5JN], [20JN], [26JN], [18SE], [27SE], [26JY]
H.R. 2401--
A bill to provide for monthly payments by the Secretary of Veterans
Affairs to certain children of veterans exposed to ionizing
radiation while in military service; to the Committee on Veterans'
Affairs.
Cosponsors added, [6MR], [21MY]
H.R. 2406--
A bill to repeal the United States Housing Act of 1937, deregulate the
Public Housing Program and the program for rental housing assistance
for low-income families, and increase community control over such
programs, and for other purposes; to the Committee on Banking and
Financial Services.
Cosponsors added, [31JA]
Reported with amendment (H. Rept. 104-461, part 1), [1FE]
Supplemental report filed (H. Rept. 104-461, part 2), [25AP]
Considered in the House, [8MY]
Passed House amended, [9MY]
Laid on the table (S. 1260 passed in lieu), [9MY]
H.R. 2407--
A bill to amend the Forest and Rangeland Renewable Resources Planning
Act of 1974, the Federal Land Policy and Management Act of 1976, the
National Wildlife Refuge System Administration Act of 1966, the
National Indian Forest Resources Management Act, and title 10,
United States Code, to strengthen the protection of native
biodiversity and to place restraints upon clearcutting and certain
other cutting practices on the forests of the United States; to the
Committees on Agriculture; Resources; National Security, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [14MR], [10JY]
H.R. 2411--
A bill to provide assistance for the establishment of community rural
health networks in chronically underserved areas, to provide
incentives for providers of health care services to furnish services
in such areas, and for other purposes; to the Committees on
Commerce; Ways and Means; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [28FE]
H.R. 2415--
A bill to designated the U.S. Customs administrative building at the
Ysleta/Zaragosa Port of Entry located at 797 South Ysleta in El
Paso, TX, as the ``Timothy C. McCaghren Customs Administrative
Building''; to the Committee on Ways and Means.
Passed Senate, [16AP]
Presented to the President (April 19, 1996)
Approved [Public Law 104-138] (signed April 30, 1996)
H.R. 2416--
A bill to amend the Higher Education Act of 1965 to require open campus
security crime logs at institutions of higher education; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [31JA], [1FE], [27FE], [13MR], [14MR], [19MR],
[7MY], [29MY], [11JN], [16JY], [24JY], [5SE], [27SE], [3JA], [6JN],
[10JY], [3JA], [6JN], [10JY]
H.R. 2421--
A bill to implement the recommendations of the Northern Forest Lands
Council; to the Committee on Agriculture.
Cosponsors added, [1FE], [6MR], [29MR], [23MY], [18JN], [22JY],
[25JY], [30JY], [1AU]
H.R. 2422--
A bill to amend title XVIII of the Social Security Act to provide for
security of the Medicare Program; to the Committees on Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [10JY]
H.R. 2428--
A bill to encourage the donation of food and grocery products to
nonprofit organizations for distribution to needy individuals by
giving the Model Good Samaritan Food Donation Act the full force and
effect of law; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [20MR]
Reported with amendment (H. Rept. 104-661), [9JY]
Rules suspended. Passed House amended, [12JY]
Passed Senate amended, [2AU]
House agreed to Senate amendments, [5SE]
Presented to the President (September 19, 1996)
Approved [Public Law 104-210] (signed October 1, 1996)
H.R. 2429--
A bill to amend the Farms for the Future Act of 1990 to provide
agricultural producers, in cooperation with States and local
governments, financially competitive options for maintaining
farmland in agricultural production; to the Committee on
Agriculture.
Cosponsors added, [24JA], [29FE]
H.R. 2433--
A bill to authorize the Secretary of Agriculture to regulate the
commercial transportation of horses for slaughter, and for other
purposes; to the Committee on Agriculture.
Cosponsors added, [4JA], [28FE]
H.R. 2434--
A bill to amend the Internal Revenue Code of 1986 to restore the
deduction for lobbying expenses in connection with State
legislation; to the Committee on Ways and Means.
Cosponsors added, [1FE], [14MR], [2MY], [5JN], [25JN], [17SE], [25SE],
[27SE], [26JY]
H.R. 2435--
A bill to amend the Internal Revenue Code of 1986 to increase the
deduction for health insurance costs of self-employed individuals to
100 percent of such costs; to the Committee on Ways and Means.
Cosponsors added, [28FE]
H.R. 2437--
A bill to provide for the exchange of certain lands in Gilpin County,
CO; to the Committee on Resources.
Passed Senate, [26JN]
Presented to the President (June 28, 1996)
Approved [Public Law 104-158] (signed July 9, 1996)
H.R. 2438--
A bill to provide for the conveyance of lands to certain individuals in
Gunnison County, CO, and for other purposes; to the Committee on
Resources.
Reported with amendment (H. Rept. 104-766), [4SE]
Rules suspended. Passed House amended, [4SE]
[[Page 2862]]
H.R. 2441--
A bill to amend title 17, United States Code, to adapt the copyright law
to the digital, networked environment of the national information
infrastructure, and for other purposes; to the Committee on the
Judiciary.
Cosponsors added, [1FE], [27FE]
H.R. 2442--
A bill to require the Secretary of Defense to conduct a demonstration
project to provide covered beneficiaries under the military health
care system with the option to enroll in the Federal Employees
Health Benefits Program; to the Committees on National Security;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [10JN]
H.R. 2445--
A bill to require Board of Governors of the Federal Reserve System to
focus on price stability in establishing monetary policy to ensure
the stable, long-term purchasing power of the currency, to repeal
the Full Employment and Balanced Growth Act of 1978, and for other
purposes; to the Committees on Banking and Financial Services;
Economic and Educational Opportunities; the Budget, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [23JA], [1FE]
H.R. 2450--
A bill to amend the Internal Revenue Code of 1986 to place the burden of
proof on the Secretary of the Treasury in civil cases and on the
taxpayer in administrative proceedings, to require 30 days notice
and judicial consent before lien or seizure, to increase the limit
on recovery of civil damages for unauthorized collection actions and
exclude such damages from income, and for other purposes; to the
Committee on Ways and Means.
Cosponsors added, [31JA], [21MR], [22MR], [15AP], [29MY], [9SE],
[16SE], [19SE]
H.R. 2452--
A bill to amend the Internal Revenue Code of 1986 to provide for the
treatment of excess benefit arrangements of certain tax-exempt group
medical practices, and for other purposes; to the Committee on Ways
and Means.
Cosponsors added, [6MR]
H.R. 2458--
A bill to impose sanctions on foreign persons exporting certain goods or
technology that would enhance Iran's ability to extract, refine,
store, process, or transport petroleum products or natural gas; to
the Committees on International Relations; Ways and Means; Banking
and Financial Services; Commerce; Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [23JA], [29FE], [13MR], [5JA]
H.R. 2462--
A bill to eliminate automatic pay adjustments for Members of Congress;
to the Committees on House Oversight; Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for the consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [13JN], [20JN], [16JY], [24JY]
H.R. 2463--
A bill to provide for payments to individuals who were the subjects of
radiation experiments conducted by the Federal Government; to the
Committee on the Judiciary.
Cosponsors added, [22JA], [25JA], [30JA], [1FE], [29FE], [15MY]
H.R. 2464--
A bill to amend Public Law 103-93 to provide additional lands within the
State of Utah for the Goshute Indian Reservation, and for other
purposes; to the Committee on Resources.
Reported (H. Rept. 104-562), [7MY]
Rules suspended. Passed House, [14MY]
Passed Senate, [19SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-211] (signed October 1, 1996)
H.R. 2468--
A bill to reform the process under which Federal prisoners bring
lawsuits relating to prison conditions and treatment; to the
Committee on the Judiciary.
Cosponsors added, [25JA]
H.R. 2470--
A bill to restore the second amendment rights of all Americans; to the
Committees on the Judiciary; Government Reform and Oversight; Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [29MR], [24JY], [25JY], [5SE], [9SE], [27JN]
H.R. 2471--
A bill to amend the Federal Election Campaign Act of 1971 to reduce the
amount that a nonparty multicandidate political committee may
contribute to a candidate in a congressional election, and for other
purposes; to the Committee on House Oversight.
Cosponsors added, [19MR], [28MR]
H.R. 2472--
A bill to amend the act of March 3, 1931 (known as the Davis-Bacon Act),
to revise the standards for coverage under the act, and for other
purposes; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [1FE], [28FE], [18AP], [30AP], [8MY], [23MY],
[25JN], [12JY], [18JY], [31JY], [5JA], [12JN], [5JA], [12JN]
Cosponsors removed, [18AP]
H.R. 2475--
A bill to amend the Federal Meat Inspection Act to require that imported
meat and meat food products containing imported meat be labeled
imported, and to require that certain eating establishments serving
imported meat inform customers of that fact; to the Committee on
Agriculture.
Cosponsors added, [28FE]
H.R. 2476--
A bill to amend title XVIII of the Social Security Act to provide for
commonsense reforms of the Medicare Program; to the Committees on
Ways and Means; Commerce; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [2AU]
H.R. 2477--
A bill to designate the Nellis Federal hospital in Las Vegas, NV, as the
``Michael O'Callaghan Military Hospital'', and for other purposes;
to the Committee on National Security.
Cosponsors added, [23JA]
H.R. 2480--
A bill to establish an Office of Inspector General for the Medicare and
Medicaid Programs; to the Committees on Government Reform and
Oversight; Ways and Means; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [24JA], [25JA], [6FE], [12MR], [16JY], [18JY],
[22JY], [10SE], [10JY], [26JY], [10JY], [26JY]
H.R. 2483--
A bill to require the President to give notice of the intention of the
United States to withdraw from the Anti-Ballistic Missile Treaty,
and for other purposes; to the Committees on International
Relations; National Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [28FE]
H.R. 2489--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under the Medicare Program of certain additional oral
anticancer drugs; to the Committees on Ways and Means; Commerce, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [29MR], [11JN], [23JY], [5SE]
H.R. 2497--
A bill to amend the National Labor Relations Act; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [1FE], [28FE], [21MR], [30AP], [5JN], [11JY], [25SE]
H.R. 2498--
A bill to amend section 207 of title 18, United States Code, to further
restrict Federal officers and employees from representing or
advising foreign entities after leaving Government service; to the
Committee on the Judiciary.
Cosponsors added, [29FE]
H.R. 2499--
A bill to amend the Federal Election Campaign Act of 1971 to prohibit
contributions and expenditures by multicandidate political
committees controlled by foreign-owned corporations, and for other
purposes; to the Committees on House Oversight; the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [29FE]
H.R. 2500--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; to the Committees on Commerce;
Transportation and Infrastructure; Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [26JA], [6MR], [13MR], [19MR], [9MY]
H.R. 2501--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of a hydroelectric project in Kentucky, and for
other purposes; to the Committee on Commerce.
Reported with amendment (H. Rept. 104-507), [28MR]
Rules suspended. Passed House amended, [16AP]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-249] (signed October 9, 1996)
H.R. 2504--
A bill to designate the Federal building located at the corner of Patton
Avenue and Otis Street, and the U.S. Courthouse located on Otis
Street, in Asheville, NC, as the ``Veach-Baley Federal Complex''; to
the Committee on Transportation and Infrastructure.
Passed Senate, [24SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-225] (signed October 2, 1996)
H.R. 2505--
A bill to amend the Alaska Native Claims Settlement Act to make certain
clarifications to the land bank protection provisions, and for other
purposes; to the Committee on Resources.
Reported with amendment (H. Rept. 104-797), [17SE]
Rules suspended. Passed House amended, [26SE]
H.R. 2506--
A bill to require the President to appoint a Commission on Concentration
in the Livestock Industry; to the Committees on Agriculture; the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [31JA], [29FE]
H.R. 2508--
A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for
improvements in the process of approving and using animal drugs, and
for other purposes; to the Committee on Commerce.
Cosponsors added, [24JA], [31JA], [28FE], [7MR], [20MR], [28MR],
[16AP], [18AP], [24AP], [1MY], [14MY], [15MY], [23MY], [30MY],
[26JN], [16JY], [23JY], [1AU], [5SE], [11SE], [18SE], [19SE],
[24SE], [3JA], [12JN], [10JY], [3JA], [12JN], [10JY]
Reported with amendment (H. Rept. 104-823), [24SE]
Rules suspended. Passed House amended, [24SE]
Passed Senate, [25SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-250] (signed October 9, 1996)
H.R. 2509--
A bill to finance and implement a program of research, promotion, market
development, and
[[Page 2863]]
industry and consumer information to enhance demand for and increase
the profitability of canola and rapeseed products in the United
States, and for other purposes; to the Committee on Agriculture.
Cosponsors added, [6MR]
H.R. 2510--
A bill to amend title 5, United States Code, to provide veterans'
preference status to certain individuals who served on active duty
in the Armed Forces in connection with Operation Desert Shield or
Operation Desert Storm, and for other purposes; to the Committee on
Government Reform and Oversight.
Cosponsors added, [26MR], [27MR], [16MY]
H.R. 2511--
A bill to control and prevent commercial counterfeiting, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [12MR]
Reported (H. Rept. 104-556), [6MY]
Rules suspended. Passed House amended, [4JN]
Laid on the table (S. 1136 passed in lieu), [4JN]
H.R. 2512--
A bill to provide for certain benefits of the Missouri River basin Pick-
Sloan project to the Crow Creek Sioux Tribe, and for other purposes;
to the Committee on Resources.
Reported with amendments (H. Rept. 104-765), [4SE]
Rules suspended. Passed House amended, [10SE]
Passed Senate, [19SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-223] (signed October 1, 1996)
H.R. 2513--
A bill to amend title 38, United States Code, to expand eligibility for
burial benefits to include certain veterans who die in State nursing
homes; to the Committee on Veterans' Affairs.
Cosponsors added, [23MY], [16JY]
H.R. 2518--
A bill to authorize the Secretary of Agriculture to exchange certain
lands in the Wenatachee National Forest, WA, for certain lands owned
by Public Utility District No. 1 of Chelan County, WA, and for other
purposes; to the Committee on Resources.
Reported with amendment (H. Rept. 104-764), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 2521--
A bill to establish a Federal Statistical Service; to the Committees on
Government Reform and Oversight; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [7MR]
H.R. 2522--
A bill to establish a maximum level of remediation for dry cleaning
solvents, and for other purposes; to the Committees on Commerce;
Transportation and Infrastructure; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [3OC]
H.R. 2523--
A bill to terminate the authority of the Secretary of Agriculture and
the Commodity Credit Corporation to support the price of
agricultural commodities and to terminate related acreage allotment
and marketing quota programs for such commodities; to the Committee
on Agriculture.
Cosponsors added, [13FE]
H.R. 2528--
A bill to require the Secretary of the Interior to renew to the heirs of
permittees permits for historic cabins located in the Mineral King
Addition of the Sequoia National Park, and for other purposes; to
the Committee on Resources.
Cosponsors added, [22MY]
H.R. 2530--
A bill to provide for deficit reduction and achieve a balanced budget by
fiscal year 2002; to the Committees on the Budget; Agriculture;
Banking and Financial Services; Commerce; Economic and Educational
Opportunities; Government Reform and Oversight; House Oversight; the
Judiciary; National Security; Resources; Rules; Transportation and
Infrastructure; Veterans' Affairs; Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [9MY], [16MY]
H.R. 2531--
A bill to amend the Fair Labor Standards Act of 1938 to clarify the
exemption for houseparents from the minimum wage and maximum hours
requirements of that act, and for other purposes; to the Committee
on Economic and Educational Opportunities.
Cosponsors added, [27FE], [28FE], [14MR], [22MR], [28MR], [16AP],
[18AP], [29AP], [2MY], [20MY], [21MY]
Reported with amendment (H. Rept. 104-592), [23MY]
Placed on the Corrections Calendar, [19JN]
Discharged from Corrections Calendar, [24JN]
H.R. 2534--
A bill to amend the Internal Revenue Code of 1986 with respect to
treatment of corporations, and for other purposes; to the Committees
on Ways and Means; Agriculture; National Security; Science;
Resources; Commerce; Transportation and Infrastructure; Banking and
Financial Services; International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [31JA]
H.R. 2535--
A bill to provide for withdrawal of the United States from the United
Nations; to the Committee on International Relations.
Cosponsors added, [6MR], [2MY], [11SE], [19SE]
Cosponsors removed, [25AP]
H.R. 2536--
A bill to terminate certain entitlements of former Speakers of the House
of Representatives; to the Committee on House Oversight.
Cosponsors added, [22MR], [14MY], [29MY], [13JN], [9JY], [18JY]
H.R. 2540--
A bill to amend title 10, United States Code, to prohibit any member of
the Armed Forces from being required to wear as part of the military
uniform any indicia or insignia of the United Nations; to the
Committee on National Security.
Cosponsors added, [24JA], [1FE], [5JN]
H.R. 2543--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for tuition and fees for undergraduate and postsecondary vocational
education; to the Committee on Ways and Means.
Cosponsors added, [14MR], [3JA]
H.R. 2545--
A bill to provide that a State that uses a system of limited voting,
cumulative voting, or preference voting may establish multimember
congressional districts; to the Committee on the Judiciary.
Cosponsors added, [14MY], [19JN]
H.R. 2546--
A bill making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending September
30, 1996, and for other purposes.
Conference report (H. Rept. 104-455) submitted in the House, [31JA]
House agreed to conference report, [31JA]
H.R. 2548--
A bill to amend the Internal Revenue Code of 1986 to allow individuals
to designate any portion of their income tax overpayments, and to
make other contributions,
Cosponsors added, [23JA], [1FE], [29FE], [7MR], [13MR], [19MR],
[29MR], [18AP], [23AP], [25AP], [8MY], [30MY], [5SE]
H.R. 2551--
A bill to establish a congressional commemorative medal for organ donors
and their families; to the Committees on Banking and Financial
Services; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [6MR], [25AP]
H.R. 2556--
A bill to redesignate the Federal building located at 345 Middlefield
Road in Menlo Park, CA, and known as the Earth Sciences and Library
Building, as the ``Vincent E. McKelvey Federal Building''; to the
Committee on Transportation and Infrastructure.
Passed Senate, [16AP]
Presented to the President (April 19, 1996)
Approved [Public Law 104-139] (signed April 30, 1996)
H.R. 2557--
A bill to amend the Agricultural Trade Act of 1978 to provide greater
assurances for contract sanctity; to the Committees on Agriculture;
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [5JA]
H.R. 2560--
A bill to provide for conveyances of certain lands in Alaska to
Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native
Association, Inc., Seldovia Native Association, Inc., Tyonek Native
Corp., and Knikatnu, Inc. under the Alaska Native Claims Settlement
Act; to the Committee on Resources.
Reported with amendment (H. Rept. 104-643), [27JN]
H.R. 2561--
A bill to provide for an exchange of lands located near Gustavus, AK; to
the Committee on Resources.
Reported with amendment (H. Rept. 104-840, part 1), [25SE]
Referred to the Committee on Commerce, [25SE]
H.R. 2566--
A bill to reform the financing of Federal elections, and for other
purposes; to the Committee on House Oversight.
Cosponsors added, [23JA], [24JA], [25JA], [30JA], [27FE], [29FE],
[5MR], [12MR], [22MR], [28MR], [15AP], [16AP], [8MY], [21MY],
[30MY], [4JN], [13JN], [26JN], [9JY]
H.R. 2567--
A bill to amend the Federal Water Pollution Control Act relating to
standards for constructed water conveyances; to the Committee on
Transportation and Infrastructure.
Passed House amended, [23JA]
H.R. 2568--
A bill to require adopting of a management plan for the Hells Canyon
National Recreation Area that allows appropriate use of motorized
and nonmotorized river craft in the recreation area, and for other
purposes; to the Committee on Resources.
Cosponsors added, [23JA]
H.R. 2570--
A bill to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 1997, 1998, 1999, 2000, and 2001,
and for other purposes; to the Committee on Economic and Educational
Opportunities.
Reported with amendment (H. Rept. 104-539), [25AP]
H.R. 2575--
A bill to amend the Sugar Price Support Program to establish a special
assessment for raw cane sugar marketed from production in the
Everglades production area in the State of Florida to be used for
restoration of the Everglades ecosystem; to the Committee on
Agriculture.
Cosponsors added, [5MR]
H.R. 2578--
A bill to clarify the provision of section 3626(b) of title 39, United
States Code, defining an institution of higher education; to the
Committee on Government Reform and Oversight.
Cosponsors added, [25JA], [28FE], [26MR], [8MY], [9JY], [23JY], [6JN]
H.R. 2579--
A bill to establish the National Tourism Board and the National Tourism
Organization to promote international travel and tourism to the
United States; to the Committees on Commerce; International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [4JA], [23JA], [24JA], [25JA], [31JA], [1FE],
[28FE], [7MR], [12MR], [19MR], [20MR], [22MR], [26MR], [27MR],
[28MR], [29MR], [15AP], [17AP], [18AP], [30AP], [1MY], [8MY],
[15MY], [22MY], [30MY], [18JN], [23JY], [4SE], [18SE], [19SE],
[24SE], [25SE], [3JA], [5JA], [10JY], [3JA], [5JA], [10JY]
Reported with amendment (H. Rept. 104-839, part 1), [25SE]
Committee discharged, [25SE]
[[Page 2864]]
Referral to the Committee on International Relations extended, [25SE]
Committee on International Relations discharged, [25SE]
Rules suspended. Passed House amended, [26SE]
Passed Senate, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-288] (signed October 11, 1996)
H.R. 2580--
A bill to guarantee a republican form of government to the States by
preventing paramilitary violence; to the Committee on the Judiciary.
Cosponsors added, [29MY]
H.R. 2582--
A bill to designate the Republic of Korea as a pilot program country for
1 year under the Immigration and Nationality Act; to the Committee
on the Judiciary.
Cosponsors added, [20MR], [9MY], [22MY], [31JY], [2AU], [5SE], [19SE],
[27SE]
H.R. 2585--
A bill to amend the Internal Revenue Code of 1986 to increase the excise
taxes on smokeless tobacco to an amount equivalent to the tax on
cigarettes and to use the resulting revenues to fund a trust fund
for programs to reduce the use of smokeless tobacco; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [23JA], [1FE], [27FE], [26MR], [15AP], [19SE], [3JA]
H.R. 2587--
A bill to carry out the international obligations of the United States
under the Geneva Conventions to provide criminal penalties for
certain war crimes; to the Committee on the Judiciary.
Cosponsors added, [21MY], [29MY], [30MY], [10JN], [18JN]
H.R. 2591--
A bill to provide for administrative procedures to extend Federal
recognition to certain Indian groups, and for other purposes; to the
Committee on Resources.
Cosponsors added, [27JN]
H.R. 2594--
A bill to amend the Railroad Unemployment Insurance Act to reduce the
waiting period for benefits payable under that act, and for other
purposes; to the Committee on Transportation and Infrastructure.
Reported (H. Rept. 104-525), [18AP]
Rules suspended. Passed House amended, [18SE]
Passed Senate, [25SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-251] (signed October 9, 1996)
H.R. 2597--
A bill to modify the price support program for milk, to establish a
class IV account applicable to the products of milk, to modify the
dairy export incentive program, and to consolidate and reform
Federal milk marketing orders; to the Committee on Agriculture.
Cosponsors added, [31JA], [3JA]
H.R. 2598--
A bill to amend the Controlled Substances Act and the Controlled
Substances Import and Export Act with respect to penalties for
powder cocaine and crack cocaine offenses; to the Committees on the
Judiciary; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [24JA], [30MY]
H.R. 2602--
A bill to require country of origin labeling of perishable agricultural
commodities imported into the United States and to impose criminal
fines for violations of such labeling requirements; to the Committee
on Agriculture.
Cosponsors added, [25JA], [29FE], [18AP]
H.R. 2603--
A bill to restore the traditional observance of Memorial Day; to the
Committees on Government Reform and Oversight; the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [31JY]
H.R. 2604--
A bill to amend title 28, United States Code, to authorize the
appointment of additional bankruptcy judges, and for other purposes;
to the Committee on the Judiciary.
Cosponsors added, [25JA], [23FE], [5MR], [9MY]
Reported with amendment (H. Rept. 104-569), [9MY]
H.R. 2607--
A bill to prohibit desecration of Veterans' memorials; to the Committee
on the Judiciary.
Cosponsors added, [24JA], [29FE], [7MR], [19MR], [30MY]
H.R. 2608--
A bill to require that health care practitioners determine medically
necessary and appropriate treatment and to require that insurers
notify their enrollees of the extent of their coverage; to the
Committee on Commerce.
Cosponsors added, [24JA], [14MR]
H.R. 2610--
A bill to eliminate certain benefits for Members of Congress; to the
Committees on House Oversight; Government Reform and Oversight;
Rules; Transportation and Infrastructure; National Security, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [4JA], [24JA], [28FE], [27SE]
H.R. 2617--
A bill to amend the Internal Revenue Code of 1986 to exempt small issues
from the restrictions on the deduction by financial institutions for
interest, to disregard certain amounts of capital expenditures in
applying $10,000,000 limit on such issues, and for other purposes;
to the Committee on Ways and Means.
Cosponsors added, [28FE], [25AP]
H.R. 2618--
A bill to provide for the therapeutic use of marijuana in situations
involving life-threatening or sense-threatening illnesses and to
provide adequate supplies of marijuana for such use; to the
Committees on Commerce; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [22JA], [13FE], [27FE], [19MR], [27MR], [15AP],
[7MY], [9SE], [3JA], [27JN], [3JA], [27JN]
Cosponsors removed, [18JN]
H.R. 2619--
A bill to impose sanctions on foreign persons exporting certain goods or
technology that would enhance Iran's ability to explore, extract,
refine, or produce petroleum products or natural gas; to the
Committees on International Relations; Ways and Means; Banking and
Financial Services; Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [26JA]
H.R. 2625--
A bill to prohibit future obligation of funds for the B-2 bomber
procurement program; to the Committee on National Security.
Cosponsors added, [24JA], [24JY]
H.R. 2627--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the sesquicentennial of the founding of the
Smithsonian Institution; to the Committee on Banking and Financial
Services.
Approved [Public Law 104-96] (signed January 10, 1996), [12MR]
H.R. 2630--
A bill to extend the deadline for commencement of construction of a
hydroelectric project in the State of Illinois; to the Committee on
Commerce.
Reported with amendment (H. Rept. 104-508), [28MR]
Rules suspended. Passed House amended, [16AP]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-252] (signed October 9, 1996)
H.R. 2634--
A bill to allow persons to carry concealed firearms in every State if
they have been issued a license to do so by any State; to the
Committee on the Judiciary.
Cosponsors added, [23JA], [12MR], [14MR], [18AP], [14MY], [16JY]
H.R. 2635--
A bill to establish a temporary commission to recommend reforms in the
laws relating to elections for Congress; to the Committees on House
Oversight; Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [29FE]
H.R. 2636--
A bill to transfer jurisdiction over certain parcels of Federal real
property located in the District of Columbia, and for other
purposes; to the Committees on Resources; Transportation and
Infrastructure; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [19MR], [26MR]
Reported with amendment from the Committee on Resources (H. Rept. 104-
368, part 2), [26JY]
Committee on Government Reform and Oversight discharged, [26JY]
Passed House amended, [31JY]
H.R. 2639--
A bill to provide that Members of Congress shall not be paid during
Federal Government shutdowns, and for other purposes; to the
Committee on House Oversight.
Cosponsors added, [24JA], [5JA]
H.R. 2640--
A bill to prohibit Federal agencies from planning the sale of the
Southeastern Power Administration; to the Committee on Resources.
Cosponsors added, [25JA]
H.R. 2641--
A bill to amend title 28, United States Code, to provide for appointment
of U.S. marshals by the Director of the U.S. Marshals Service; to
the Committee on the Judiciary.
Cosponsors added, [29FE]
Reported with amendments (H. Rept. 104-541), [29AP]
Passed House amended, [1MY]
H.R. 2646--
A bill to amend the sugar price support program in the Agricultural Act
of 1949 to provide for additional assessment with respect to raw
cane sugar produced in the Everglades agricultural area in the State
of Florida to finance land acquisition projects for the restoration
of the Florida Everglades; to the Committee on Agriculture.
Cosponsors added, [24JA], [27FE]
H.R. 2647--
A bill to amend the Internal Revenue Code of 1986 to terminate the tax
subsidies for large producers of ethanol used as a fuel; to the
Committee on Ways and Means.
Cosponsors added, [3JA]
H.R. 2648--
A bill to amend the Federal Water Pollution Control Act to require that
an application to the Federal Energy Regulatory Commission for a
license, license amendment, or permit for an activity that will
result in a withdrawal by a State or political subdivision of a
State of water from a lake that is situated in two States shall not
be granted unless the Governor of the State in which more than 50
percent of the lake, reservoir, or other body of water is situated
certifies that the withdrawal will not have an adverse effect on the
environment in or economy of that State, and for other purposes; to
the Committees on Transportation and Infrastructure; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [30JA]
H.R. 2650--
A bill to amend title 18, United States Code, to eliminate certain
sentencing inequities for drug offenders; to the Committee on the
Judiciary.
Cosponsors added, [25JA], [28FE]
Reported with amendment (H. Rept. 104-602), [31MY]
Rules suspended. Passed House amended, [4JN]
H.R. 2651--
A bill to assess the impact of the NAFTA, to require further negotiation
of certain provisions of the NAFTA, and to provide for the
withdrawal from the NAFTA unless certain conditions are met; to the
Committee on Ways and Means.
[[Page 2865]]
Cosponsors added, [4JA], [25JA], [31JA], [1FE], [28FE], [29FE], [6MR],
[12MR], [14MR], [28MR], [15AP], [23AP], [25AP], [14MY], [21MY],
[11JN], [19JN], [26JN], [11JY], [31JY], [5SE], [19SE], [25SE],
[2OC], [3JA], [5JA], [3JA], [5JA]
H.R. 2652--
A bill to close the U.S. Army School of the Americas and establish a
U.S. Academy for Democracy and Civil-Military Relations; to the
Committees on International Relations; National Security, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [28FE], [29AP], [3OC], [5JA], [6JN], [12JN], [5JA],
[6JN], [12JN]
H.R. 2654--
A bill to prevent discrimination against victims of abuse in all lines
of insurance; to the Committees on Commerce; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [24JA], [27FE], [12MR], [17AP], [8MY], [18JN],
[29JY], [30JY], [31JY], [1AU], [2AU], [4SE]
H.R. 2655--
A bill to amend the Atlantic Striped Bass Conservation Act to authorize
the Mid-Atlantic Fishery Management Council to prepare a fishery
management plan for Atlantic striped bass under the Magnuson Fishery
Conservation and Management Act; to the Committee on Resources.
Cosponsors added, [23JA], [1FE], [28FE], [4MR], [12MR], [14MR],
[15AP], [17AP], [25AP], [22JY], [27SE], [5JA]
H.R. 2657--
A bill to award a congressional gold medal to Ruth and Billy Graham; to
the Committee on Banking and Financial Services.
Cosponsors added, [22JA], [23JA]
Rules suspended. Passed House, [23JA]
Passed Senate amended, [1FE]
House agreed to Senate amendment, [1FE]
Presented to the President (February 2, 1996)
Approved [Public Law 104-111] (signed February 13, 1996)
H.R. 2658--
A bill to provide that Members of Congress shall not be paid during
Federal Government shutdowns, and for other purposes; to the
Committee on House Oversight.
Cosponsors added, [4JA], [30JA], [1FE], [3JA], [5JA], [3JA], [5JA]
H.R. 2660--
A bill to increase the amount authorized to be appropriated to the
Department of the Interior for the Tensas River National Wildlife
Refuge; to the Committee on Resources.
Reported (H. Rept. 104-526), [18AP]
Rules suspended. Passed House amended, [23AP]
Passed Senate amended, [24SE]
Rules suspended. House agreed to Senate amendments, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-253] (signed October 9, 1996)
H.R. 2664--
A bill to revise the effective date for military retiree cost-of-living
adjustments for fiscal years 1996, 1997, and 1998; to the Committee
on National Security.
Cosponsors added, [4JA], [23JA], [31JA], [1FE], [13FE], [27FE], [5MR],
[12MR], [25JN], [25SE], [3JA], [5JA], [3JA], [5JA]
H.R. 2665--
A bill to authorize the Secretary of Health and Human Services to award
grants and contracts to establish domestic violence community
response teams and a technical assistance center to address the
development and support of such community response teams, and for
other purposes; to the Committee on Economic and Educational
Opportunities.
Cosponsors added, [18MR], [17AP], [29AP], [7MY], [23MY], [4JN]
H.R. 2669--
A bill to permit private persons to place symbols meaningful to them,
including religious symbols, in public places in cases where all
persons have the right to do so; to the Committee on the Judiciary.
Cosponsors added, [10MY]
H.R. 2670--
A bill to provide for the release of the reversionary interest held by
the United States in certain property located in the County of
Iosco, MI; to the Committee on Agriculture.
Reported with amendment (H. Rept. 104-644), [27JN]
Passed House amended, [1AU]
H.R. 2671--
A bill to provide that the President and Members of Congress shall not
be paid during Federal Government shutdowns, and for other purposes;
to the Committees on Government Reform and Oversight; House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [4JA], [5JA]
H.R. 2674--
A bill to modify the application of the antitrust laws to encourage the
licensing and other use of certain intellectual property; to the
Committee on the Judiciary.
Cosponsors added, [24JA]
H.R. 2676--
A bill to amend the Internal Revenue Code of 1986 to provide for the
nonrecognition of gain for sale of stock to certain farmers'
cooperatives, and for other purposes; to the Committee on Ways and
Means.
Cosponsors added, [1FE], [4MR], [25AP]
H.R. 2677--
A bill to require the Secretary of the Interior to accept from a State
donations of services of State employees to perform, in a period of
Government budgetary shutdown, otherwise authorized functions in any
unit of the National Wildlife Refuge System or the National Park
System; to the Committee on Resources.
Cosponsors added, [4JA]
H.R. 2679--
A bill to revise the boundary of the North Platte National Wildlife
Refuge; to the Committee on Resources.
Reported (H. Rept. 104-527), [18AP]
Rules suspended. Passed House, [23AP]
Passed Senate amended, [27JN]
Rules suspended. House agreed to Senate amendments, [17SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-212] (signed October 1, 1996)
H.R. 2682--
A bill to amend the Clean Air Act to provide for additional reductions
in emissions of sulfur dioxide and oxides of nitrogen in regions
contributing to acid deposition in the Adirondacks; to the Committee
on Commerce.
Cosponsors added, [24JA], [25JA], [27FE], [6MR], [12MR], [30AP],
[7MY], [8MY], [16MY], [17JY]
H.R. 2683--
A bill to amend title 5, United States Code, to extend to employees of
the Federal Bureau of Investigation certain procedural and appeal
rights with respect to certain adverse personnel actions; to the
Committee on Government Reform and Oversight.
Cosponsors added, [23JA], [9FE], [15AP], [25AP], [27JN]
H.R. 2685--
A bill to repeal the Medicare and Medicaid coverage data bank; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [4JA]
Corrections calendar discharged, [4JA]
Placed on the Corrections Calendar, [6MR]
Passed House, [12MR]
Passed Senate, [25SE]
Presented to the President (26SE)
Approved [Public Law 104-226] (signed October 2, 1996)
H.R. 2688--
A bill to amend chapter 87 of title 5, United States Code, to provide
that the reduction in additional optional life insurance for Federal
retirees shall not apply if the beneficiary is permanently disabled;
to the Committee on Government Reform and Oversight.
Cosponsors added, [24AP], [22MY]
H.R. 2690--
A bill to establish limitation with respect to the disclosure and use of
genetic information, and for other purposes; to the Committees on
Commerce; Government Reform and Oversight; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [4JA], [23JA], [25JA], [29MR], [7MY], [9JY], [5JA]
H.R. 2691--
A bill to amend the Public Health Service Act to prohibit discrimination
regarding exposure to hazardous substances; to the Committee on
Commerce.
Cosponsors added, [25JA], [1FE], [5JA]
H.R. 2693--
A bill to require the Secretary of Agriculture to make a minor
adjustment in the exterior boundary of the Hells Canyon Wilderness
in the States of Oregon and Idaho to exclude an established Forest
Service road inadvertently included in the wilderness; to the
Committee on Resources.
Cosponsors added, [20MR]
Reported (H. Rept. 104-779), [9SE]
H.R. 2694--
A bill to provide that it shall be a Federal crime to misappropriate a
person's name in connection with lobbying; to the Committee on the
Judiciary.
Cosponsors added, [12MR]
H.R. 2695--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of certain hydroelectric projects in the State of
Pennsylvania; to the Committee on Commerce.
Reported with amendment (H. Rept. 104-509), [28MR]
Rules suspended. Passed House amended, [16AP]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-254] (signed October 9, 1996)
H.R. 2697--
A bill to impose sanctions against Nigeria, and for other purposes; to
the Committees on International Relations; the Judiciary; Banking
and Financial Services; Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [22JA], [25JA], [1FE], [16FE], [28FE], [21MR],
[28MR], [24AP], [14MY], [23MY], [12JY], [16JY], [27JN]
H.R. 2699--
A bill to require the consideration of certain criteria in decisions to
relocate professional sports teams, and for other purposes; to the
Committees on the Judiciary; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [31JA], [29MR]
H.R. 2700--
A bill to designate the U.S. post office building located at 7980 FM
327, Elmendorf, TX, as the ``Amos F. Longoria Post Office
Building''; to the Committee on Government Reform and Oversight.
Cosponsors added, [25JA], [5JA]
Rules suspended. Passed House amended, [30JY]
Passed Senate amended, [28SE]
House agreed to Senate amendment, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-255] (signed October 9, 1996)
H.R. 2701--
A bill to repeal the requirement relating to specific statutory
authorization for increases in judicial salaries, to provide for
automatic annual increases for judicial salaries, and for other
purposes; to the Committee on the Judiciary.
Cosponsors added, [25JA], [6MR], [15AP], [9MY], [23MY], [10JN],
[18JY], [25JY], [1AU]
H.R. 2703--
A bill to combat terrorism; to the Committee on the Judiciary.
Considered, [13MR]
Passed House amended, [14MR]
[[Page 2866]]
Laid on the table (S. 735 passed in lieu), [14MR]
H.R. 2704--
A bill to provide that the U.S. Post Office building that is to be
located on the 2600 block of East 75th Street in Chicago, IL, shall
be known and designated as the ``Charles A. Hayes Post Office
Building''; to the Committee on Government Reform and Oversight.
Passed Senate, [27JN]
Presented to the President (July 2, 1996)
Approved [Public Law 104-159] (signed July 9, 1996)
H.R. 2705--
A bill to provide that Federal contracts and certain Federal subsidies
shall be provided only to businesses which have qualified profit-
sharing plans; to the Committees on Government Reform and Oversight;
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [8MY], [9MY], [10MY], [13JN], [19JN]
H.R. 2707--
A bill to amend the Internal Revenue Code of 1986 to increase the
minimum amount of the State ceiling on tax-exempt private activity
bonds; to the Committee on Ways and Means.
Cosponsors added, [4JA], [23JA], [24JA]
H.R. 2709--
A bill to provide for the conveyance of certain land to the Del Norte
County Unified School District of Del Norte County, CA; to the
Committee on Resources.
Reported with amendment (H. Rept. 104-763), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 2710--
A bill to provide for the conveyance of certain land in the State of
California to the Hoopa Valley Tribe; to the Committee on Resources.
Reported with amendment (H. Rept. 104-762), [4SE]
Rules suspended. Passed House amended, [10SE]
H.R. 2711--
A bill to provide for the substitution of timber for the canceled
Elkhorn Ridge timber sale; to the Committees on Agriculture;
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Reported (H. Rept. 104-761, part 1), [4SE]
Rules suspended. Passed House, [4SE]
H.R. 2713--
A bill to amend the Internal Revenue Code of 1986 to provide additional
tax incentives to stimulate economic growth in depressed areas, and
for other purposes; to the Committees on Ways and Means; the
Judiciary; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [31JA], [25SE]
H.R. 2714--
A bill to require the inclusion of provisions relating to worker rights
and environmental standards in any trade agreement entered into
under any future trade negotiating authority; to the Committee on
Ways and Means.
Cosponsors added, [31JA]
H.R. 2715--
A bill to amend chapter 35 of title 44, United States Code, popularly
known as the Paperwork Reduction Act, to minimize the burden of
Federal paperwork demands upon small businesses, educational and
nonprofit institutions, Federal contractors, State and local
governments, and other persons through the sponsorship and use of
alternative information technologies; to the Committees on
Government Reform and Oversight; Small Business, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Reported with amendment (H. Rept. 104-520, part 1), [16AP]
Cosponsors added, [24AP]
Passed House amended, [24AP]
H.R. 2716--
A bill to extend the provisions of the Chinese Student Protection Act of
1992 to certain aliens who entered the United States without
inspection; to the Committee on the Judiciary.
Cosponsors added, [25JA], [24JY], [5JA]
H.R. 2723--
A bill to amend the Fair Labor Standards Act of 1938 to permit employers
to provide for flexible and compressed schedules, to permit
employers to give priority treatment in hiring decisions to former
employees after periods of family care responsibility, to maintain
the minimum wage and overtime exemption for employees subject to
certain leave policies, and for other purposes; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [23JA], [30JA], [9FE], [29FE], [13MR], [14MR],
[19MR], [30AP]
Cosponsors removed, [25AP], [29MY]
H.R. 2724--
A bill to amend the National Labor Relations Act to require Federal
contracts debarment for persons who violate labor relations
provisions, and for other purposes; to the Committees on Economic
and Educational Opportunities; Government Reform and Oversight, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [23JA], [27FE], [19MR], [18AP], [23AP]
H.R. 2725--
A bill to amend the Occupational Safety and Health Act to require
Federal contracts debarment for persons who violate the act's
provisions, and for other purposes; to the Committees on Economic
and Educational Opportunities; Government Reform and Oversight, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [23JA], [27FE], [19MR], [18AP], [23AP]
H.R. 2726--
A bill to make certain technical corrections in laws relating to native
Americans, and for other purposes; to the Committee on Resources.
Rules suspended. Passed House amended, [23JA]
Passed Senate, [26JA]
Presented to the President (January 31, 1996)
Approved [Public Law 104-109] (signed February 12, 1996)
H.R. 2727--
A bill to require Congress and the President to fulfill their
constitutional duty to take personal responsibility for Federal
laws; to the Committees on the Judiciary; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [4JA], [1FE], [29FE], [12MR], [14MR], [22MR],
[29MR], [7MY], [5JN], [24JN], [2AU], [5SE], [24SE], [25SE], [6JN],
[12JN], [10JY], [6JN], [12JN], [10JY]
H.R. 2728--
A bill to amend the National Trails System Act to designate the Old
Spanish Trail and the northern branch of the Old Spanish Trail for
potential inclusion into the National Trails System, and for other
purposes; to the Committee on Resources.
Cosponsors added, [25JA]
H.R. 2731--
A bill to require the United States to oppose and vote against any
proposal to create any financing mechanism designed to prevent or
resolve the insolvency of sovereign nations; to the Committee on
Banking and Financial Services.
Cosponsors added, [30JA], [1FE], [5JA]
H.R. 2734--
A bill to amend the Internal Revenue Code of 1986 to repeal the 50-
percent limitation on business meals and entertainment; to the
Committee on Ways and Means.
Cosponsors added, [27SE], [2OC]
H.R. 2739--
A bill to provide for a representational allowance for Members of the
House of Representatives, to make technical and conforming changes
to sundry provisions of law in consequence of administrative reforms
in the House of Representatives, and for other purposes; to the
Committee on House Oversight.
Reported with amendment (H. Rept. 104-482), [14MR]
Rules suspended. Passed House amended, [19MR]
Passed Senate amended, [28JN]
House agreed to Senate amendments, [2AU]
Presented to the President (August 9, 1996)
Approved [Public Law 104-186] (signed August 20, 1996)
H.R. 2740--
A bill to protect sports fans and communities throughout the Nation, and
for other purposes; to the Committees on the Judiciary; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [24JA], [1FE], [6FE], [13FE], [28FE], [7MR], [12MR],
[14MR], [16AP], [27JN]
Cosponsors removed, [23MY], [26JN]
Reported with amendment (H. Rept. 104-656, part 1), [27JN]
Referral to the Committee on Commerce extended, [8JY], [9SE], [20SE],
[27SE], [2OC]
H.R. 2741--
A bill to amend the Internal Revenue Code of 1986 and Employee
Retirement Income Security Act of 1974 in order to promote and
improve employee stock ownership plans; to the Committee on Ways and
Means.
Cosponsors added, [6MR], [7MR], [29MR], [16AP], [1AU], [19SE]
H.R. 2745--
A bill to repeal the emergency salvage timber sale program enacted as
part of Public Law 104-19; to the Committees on Agricultures;
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [25JA], [13FE], [27FE], [29FE], [6MR], [20MR],
[27MR], [28MR], [15AP], [22AP], [29AP], [22MY], [4JN], [25JN],
[9JY], [3JA], [5JA], [3JA], [5JA]
Cosponsors removed, [1FE], [19MR], [30AP]
H.R. 2746--
A bill to amend the Foreign Assistance Act of 1961 to provide for the
restriction on assistance to the Government of Indonesia; to the
Committee on International Relations.
Cosponsors added, [20MR], [16AP], [22MY], [28SE]
H.R. 2747--
A bill to direct the Administrator of the Environmental Protection
Agency to make grants to States for the purpose of financing the
construction, rehabilitation, and improvement of water supply
systems, and for other purposes; to the Committee on Transportation
and Infrastructure.
Cosponsors added, [12MR]
Reported with amendment (H. Rept. 104-515), [29MR]
H.R. 2748--
A bill to prohibit insurance providers from denying or canceling health
insurance coverage, or varying the premiums, terms, or conditions
for health insurance coverage on the basis of genetic information or
a request for genetic services, and for other purposes; to the
Committees on Commerce; Economic and Educational Opportunities, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [24JA], [7MR], [1MY], [4JN], [12JY], [18JY], [22JY],
[29JY], [30JY], [4SE], [17SE], [27JN]
H.R. 2749--
A bill to determine if Alfred Kinsey's ``Sexual Behavior in the Human
Male'' and/or ``Sexual Behavior in the Human Female'' are the result
of any fraud or criminal wrongdoing; to the Committee on Economic
and Educational Opportunities.
Cosponsors added, [22AP], [6MY], [10MY], [16MY], [23MY], [4JN], [5SE]
H.R. 2751--
A bill to provide temporary authority for the payment of retirement and
separation incentives, to provide reemployment assistance to Federal
employees who are separated as a result of work force reductions,
and for other purposes; to the Committee on Government Reform and
Oversight.
Cosponsors added, [23JA], [4MR], [25AP], [30MY], [4SE]
H.R. 2754--
A bill to approve and implement the OECD Shipbuilding Trade Agreement;
to the Committees on Ways and Means; National Security, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions
[[Page 2867]]
as fall within the jurisdiction of the committee concerned.
Cosponsors removed, [29MR]
Reported with amendment from the Committee on Ways and Means (H. Rept.
104-524, part 1), [18AP]
Referral to the Committee on National Security extended, [18AP]
Reported with amendment from the Committee on National Security (H.
Rept. 104-524, part 2), [30MY]
Passed House amended, [13JN]
H.R. 2755--
A bill to establish a Corporate and Farm Independence Commission, and
for other purposes; to the Committees on Ways and Means;
Agriculture; Transportation and Infrastructure; Resources; Rules,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [22JA], [25JA], [13FE]
H.R. 2757--
A bill to amend title XVIII of the Social Security Act to require health
maintenance organizations participating in the Medicare Program to
assure access to out-of-network services to Medicare beneficiaries
enrolled with such organizations; to the Committees on Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
Cosponsors added, [23JA], [1FE], [27FE], [7MR], [12MR], [13MR],
[22MR], [29MR], [15AP], [18AP], [25AP], [7MY], [16MY], [30MY],
[13JN], [20JN], [11JY], [18JY], [25JY], [1AU], [10SE], [19SE],
[3JA], [5JA], [6JN], [27JN], [3JA], [5JA], [6JN], [27JN]
H.R. 2762--
A bill to require additional research prior to the promulgation of a
standard for sulfate under the Safe Drinking Water Act, and for
other purposes; to the Committee on Commerce.
Cosponsors added, [1FE]
H.R. 2764--
A bill to amend title 10, United States Code, to authorize veterans who
are totally disabled as the result of a service-connected disability
to travel on military aircraft in the same manner and to the same
extent as retired members of the Armed Forces are authorized to
travel on such aircraft; to the Committee on National Security.
Cosponsors added, [31JA], [7MR], [22MR], [24AP], [14MY]
H.R. 2765--
A bill for the relief of Rocco A. Trecosta; to the Committee on the
Judiciary.
Reported (H. Rept. 104-547), [1MY]
Passed House, [21MY]
H.R. 2769--
A bill to allow employees of the U.S. Government who have been
furloughed, due to a lapse in appropriations, to volunteer to work
to serve the needs of the people of the United States, and for other
purposes; to the Committee on Government Reform and Oversight.
Cosponsors added, [23JA]
H.R. 2771--
A bill to provide that rates of basic pay for Members of Congress be
determined as a function of efforts to eliminate the Federal
deficit; to the Committee on House Oversight.
Cosponsors added, [12MR], [4OC]
H.R. 2773--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of two hydroelectric projects in North Carolina,
and for other purposes; to the Committee on Commerce.
Reported with amendment (H. Rept. 104-510), [28MR]
Rules suspended. Passed House amended, [16AP]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-256] (signed October 9, 1996)
H.R. 2776--
A bill to amend the Internal Revenue Code of 1986 to provide that
members of the Armed Forces performing service in a contingency
operation declared by the President shall be entitled (if the
President so designates that operation for such purpose) to exclude
from gross income military compensation received for active service
in the same manner as if such service was performed in a combat
zone, and for other purposes; to the Committee on Ways and Means.
Cosponsors added, [1FE], [23MY]
H.R. 2777--
A bill to amend title XVIII of the Social Security Act to provide for
expanded coverage of preventive benefits under part B of the
Medicare Program; to the Committees on Commerce; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
Cosponsors added, [25JA], [1FE], [27FE], [28FE], [7MR], [21MR],
[16AP], [25JN], [29JY], [27SE]
H.R. 2778--
A bill to provide that members of the Armed Forces performing services
for the peacekeeping effort in the Republic of Bosnia and
Herzegovina shall be entitled to certain tax benefits in the same
manner as if such services were performed in a combat zone; to the
Committee on Ways and Means.
Cosponsors added, [25JA], [1FE], [28FE]
Reported with amendments (H. Rept. 104-465), [29FE]
Rules suspended. Passed House amended, [5MR]
Passed Senate, [6MR]
Presented to the President (March 8, 1996)
Approved [Public Law 104-117] (signed March 20, 1996)
H.R. 2779--
A bill to provide for soft-metric conversion, and for other purposes; to
the Committee on Science.
Cosponsors added, [23JA], [24JA], [31JA], [9FE], [27FE], [5MR],
[12MR], [14MR], [19MR], [21MR], [15AP], [30AP], [14MY], [20MY],
[4JN], [11JN], [26JN]
Reported with amendments (H. Rept. 104-639), [26JN]
Placed on the Corrections Calendar, [26JN]
Passed House amended, [23JY]
Passed Senate amended, [28SE]
Rules suspended. House agreed to Senate amendment, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-289] (signed October 11, 1996)
H.R. 2780--
A bill to specify the circumstances in which compensation may or may not
be afforded to Federal and District of Columbia employees for the
period of a lapse in appropriations for fiscal year 1996; to the
Committee on Government Reform and Oversight.
Cosponsors added, [3JA]
H.R. 2782--
A bill to authorize funds to further the public service mission of the
Joseph W. Martin, Jr. Institute for Law and Society; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [27FE]
H.R. 2785--
A bill to repeal section 18 of the Lobbying Disclosure Act of 1995; to
the Committee on the Judiciary.
Cosponsors added, [24JA], [27FE], [3JA], [5JA], [3JA], [5JA]
H.R. 2789--
A bill to amend the Internal Revenue Code of 1986 to provide for the
establishment of a intercity passenger rail trust fund, and for
other purposes; to the Committees on Ways and Means; Transportation
and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [24JA], [25JN], [23JY]
H.R. 2795--
A bill to amend the Trade Act of 1974 and the Tariff Act of 1930 to
clarify the definitions of domestic industry and like articles in
certain investigations involving perishable agricultural products,
and for other purposes; to the Committee on Ways and Means.
Cosponsors added, [24JA], [25JA], [5MR], [23AP]
H.R. 2796--
A bill to require the surgical removal of silicone gel and saline filled
breast implants, to provide for research on silicone and other
chemicals used in the manufacture of breast implants, and for other
purposes; to the Committee on Commerce.
Cosponsors added, [23JA], [27FE], [19MR], [15AP], [23AP], [11JN],
[18JN]
Cosponsors removed, [1MY]
H.R. 2798--
A bill to amend title 38, United States Code, to revise certain
authorities relating to management and contracting in the provision
of health care services; to the Committee on Veterans' Affairs.
Cosponsors added, [31JA], [7MR], [22MR], [16AP], [14MY], [22MY]
H.R. 2800--
A bill to amend the Internal Revenue Code of 1986 to impose a 5-percent
tax on all wagering and to use the revenues from such tax to enhance
funding for public elementary and secondary education, and for other
purposes; to the Committees on Ways and Means; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
Cosponsors added, [7MY]
H.R. 2802--
A bill to impose temporarily a 25-percent duty on imports of certain
Canadian wood and lumber products, to require the administering
authority to initiate an investigation under title VII of the Tariff
Act of 1930 with respect to such products, and for other purposes;
to the Committees on Ways and Means; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [1FE], [6MR]
H.R. 2803--
A bill to amend the anti-car theft provisions of title 49, United States
Code, to increase the utility of motor vehicle title information to
State and Federal law enforcement officials, and for other purposes;
to the Committee on the Judiciary.
Cosponsors added, [29FE], [23AP], [5JA]
Reported (H. Rept. 104-618), [12JN]
Rules suspended. Passed House amended, [18JN]
Passed Senate, [20JN]
Presented to the President (June 25, 1996)
Approved [Public Law 104-152] (signed July 2, 1996)
H.R. 2807--
A bill to consolidate Federal youth prevention and youth development
programs and create a new process and structure for providing
Federal assistance for these programs, and for other purposes; to
the Committees on Economic and Educational Opportunities; the
Judiciary; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Cosponsors added, [25JA], [1FE], [28FE], [29FE], [5MR], [7MR], [14MR],
[21MR], [18AP], [23AP], [25AP], [1MY], [10MY], [15MY], [16MY],
[30MY], [11JN], [13JN], [20JN], [26JN], [12JY], [18JY], [5SE],
[17SE], [24SE], [26JY]
H.R. 2808--
A bill to extend authorities under the Middle East Peace Facilitation
Act of 1994 until March 31, 1996, and for other purposes; to the
Committee on International Relations.
Presented to the President (January 3, 1996)
Approved [Public Law 104-89] (signed January 4, 1996)
H.R. 2811--
A bill to designate the nature preserve located at the Naval Weapons
Industrial Reserve Plant in Calverton, NY, and administered by the
Department of the Navy as the ``Otis G. Pike Preserve''; to the
Committee on National Security.
Cosponsors added, [1FE], [21MR]
H.R. 2815--
A bill to amend section 101 of title 11 of the United States Code to
modify the definition of single asset real estate and to make
technical corrections; to the Committee on the Judiciary.
Cosponsors added, [14MR]
H.R. 2816--
A bill to reinstate the license for, and extend the deadline under the
Federal Power Act applicable to the construction of, a hydroelectric
project in Ohio, and for other purposes; to the Committee on
Commerce.
Reported (H. Rept. 104-511), [28MR]
Rules suspended. Passed House, [16AP]
Passed Senate, [27SE]
[[Page 2868]]
Presented to the President (September 30, 1996)
Approved [Public Law 104-257] (signed October 9, 1996)
H.R. 2818--
A bill to provide demonstration grants to establish clearing houses for
the distribution to community-based organizations of information on
prevention of youth violence and crime; to the Committees on the
Judiciary; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [25AP]
H.R. 2820--
A bill to amend the Consumer Credit Protection Act to assure meaningful
disclosures of the terms of rental-purchase agreements, including
disclosures of all costs to consumers under such agreements, to
provide certain substantive rights to consumers under such
agreements, and for other purposes; to the Committee on Banking and
Financial Services.
Cosponsors added, [29FE], [5MR], [7MR], [28MR], [15AP], [23AP], [9MY],
[22MY], [11JN], [20JN], [25JN], [1AU]
H.R. 2822--
A bill to amend title VII of the Tariff Act of 1930 to provide authority
for the temporary suspension of antidumping and countervailing
duties under limited market conditions; to the Committee on Ways and
Means.
Cosponsors added, [7MR], [19MR], [1AU], [10JY]
H.R. 2823--
A bill to amend the Marine Mammal Protection Act of 1972 to support the
International Dolphin Conservation Program in the eastern tropical
Pacific Ocean, and for other purposes; to the Committee on
Resources.
Cosponsors added, [24JA], [25JA], [29MR], [3JA]
Cosponsors removed, [18AP]
Reported (H. Rept. 104-665, part 1), [10JY]
Referred to the Committee on Ways and Means, [10JY]
Reported (H. Rept. 104-665, part 2), [23JY]
Passed House amended, [31JY]
H.R. 2824--
A bill to authorize an exchange of lands in the State of Utah at
Snowbasin Ski Area; to the Committee on Resources.
Reported (H. Rept. 104-493), [25MR]
H.R. 2827--
A bill to consolidate and improve governmental environmental research by
organizing a National Institute for the Environment, and for other
purposes; to the Committee on Science.
Cosponsors added, [25JA], [1FE], [28FE], [4MR], [12MR], [14MR],
[19MR], [22MR], [17AP], [24AP], [29AP], [7MY], [23MY], [4JN],
[25JN], [22JY], [4SE], [12JN]
H.R. 2828--
A bill to provide for the comparable treatment of Federal employees and
Members of Congress and the President during a period in which there
is a Federal Government shutdown; to the Committees on Government
Reform and Oversight; House Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [4JA], [25JA], [28FE], [12MR], [5JA]
H.R. 2834--
A bill to amend the Higher Education Act of 1965 to improve
accountability and reform certain programs; to the Committee on
Economic and Educational Opportunities.
Cosponsors added, [22MR], [16AP], [17AP], [30MY], [4JN], [11JN],
[17JN], [17JY], [5SE], [12JN], [10JY], [12JN], [10JY]
H.R. 2837--
A bill to provide that members of the Armed Forces performing services
for the peacekeeping effort in the Republic of Bosnia and
Herzegovina shall be entitled to tax benefits in the same manner as
if such services were performed in a combat zone; to the Committee
on Ways and Means.
Cosponsors added, [4JA], [23JA], [25JA], [5MR], [5JA]
H.R. 2839--
A bill to amend title XVIII of the Social Security Act to establish a
medication evaluation and dispensing system for Medicare
beneficiaries, to improve the quality of pharmaceutical services
received by our Nation's elderly and disabled, and to reduce
instances of adverse reactions to prescription drugs experienced by
Medicare beneficiaries; to the Committees on Ways and Means;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
Cosponsors added, [23JA], [5JA]
H.R. 2841--
A bill to prohibit use of official funds for travel outside the United
States by Members of Congress during any period of lapsed
appropriations as a result of a failure to enact a regular
appropriations bill or continuing resolution; to the Committee on
House Oversight.
By Mr. BARRETT of Wisconsin, [3JA]
H.R. 2842--
A bill to provide for interest-free loans for furloughed Federal
employees; to the Committee on Government Reform and Oversight.
By Mr. LONGLEY, [4JA]
H.R. 2843--
A bill to amend title 38, United States Code, to change the name of the
Servicemen's Group Life Insurance Program to Servicemembers' Group
Life Insurance, to authorize the termination of life insurance under
that program when premiums are not paid, to provide for coverage
under that program to be provided automatically at the maximum level
unless the servicemember elects a lower level, and to make other
improvements to life insurance programs administered by the
Secretary of Veterans Affairs; to the Committee on Veterans'
Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Everett, Mr. Evans, and
Mr. Smith of New Jersey), [4JA]
Cosponsors added, [18AP]
H.R. 2844--
A bill to amend the Foreign Assistance Act of 1961 to authorize the
President to issue loan guarantees for economic development and job
creation activities in the Republic of Ireland and Northern Ireland;
to the Committee on International Relations.
By Mrs. MALONEY (for herself, Mr. King, and Mr. Manton), [4JA]
Cosponsors added, [12MR], [30MY]
H.R. 2845--
A bill to amend the Solid Waste Disposal Act to allow petitions to be
submitted to prevent certain waste facilities from being constructed
in environmentally disadvantaged communities; to the Committee on
Commerce.
By Mrs. COLLINS of Illinois, [4JA]
H.R. 2846--
A bill to amend the Internal Revenue Code of 1986 to allow a credit for
the cleanup of certain contaminated industrial sites and to allow
the use of tax-exempt redevelopment bonds for such cleanup; to the
Committee on Ways and Means.
By Mr. COYNE, [4JA]
Cosponsors added, [7MR]
H.R. 2847--
A bill to amend the Internal Revenue Code of 1986 to permit the issuance
of tax-exempt bonds for the economic development of distressed
communities; to the Committee on Ways and Means.
By Mr. COYNE, [4JA]
H.R. 2848--
A bill to provide for compensation for Federal employees for emergency
service performed during periods of lapsed appropriations; to the
Committees on Appropriations; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. McHUGH, [4JA]
Cosponsors added, [31JA], [5JA]
H.R. 2849--
A bill to establish the Hudson and Mohawk Rivers National Historical
Park in the State of New York, and for other purposes; to the
Committee on Resources.
By Mr. McNULTY, [4JA]
Cosponsors added, [4JN], [30JY], [27JN]
H.R. 2850--
A bill to amend title 38, United States Code, to clarify the eligibility
of certain minors for burial in national cemeteries; to the
Committee on Veterans' Affairs.
By Mr. STUMP (for himself and Mr. Montgomery) (both by request), [4JA]
H.R. 2851--
A bill to amend title 38, United States Code, to provide for approval of
enrollment in courses offered at certain branches or extensions of
proprietary profit institutions of higher learning in operation for
more than 2 years; to the Committee on Veterans' Affairs.
By Mr. STUMP (for himself and Mr. Buyer), [5JA]
H.R. 2852--
A bill to amend title 10, United States Code, to repeal certain
limitations on the operation of Department of Defense depots; to the
Committee on National Security.
By Mr. TEJEDA (for himself, Mr. Gonzalez, Mr. Bonilla, and Mr. Smith
of Texas), [5JA]
H.R. 2853--
A bill to authorize the extension of nondiscriminatory treatment (most-
favored-nation treatment) to the products of Bulgaria; to the
Committee on Ways and Means.
By Mr. CRANE (for himself and Mr. Rangel), [5JA]
Reported (H. Rept. 104-466), [29FE]
Rules suspended. Passed House, [5MR]
Passed Senate, [28JN]
Presented to the President (July 8, 1996)
Approved [Public Law 104-162] (signed July 18, 1996)
H.R. 2854--
A bill to modify the operation of certain agricultural programs; to the
Committees on Agriculture; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Allard, Mr. Barrett of
Nebraska, Mr. Ewing, Mr. Combest, Mr. Boehner, Mr. Chambliss, and
Mr. Nethercutt), [5JA]
Reported amended from the Committee on Agriculture (H. Rept. 104-462,
part 1), [9FE]
Referral to the Committee on Ways and Means extended, [9FE]
Committee on Ways and Means discharged, [9FE]
Considered, [28FE]
Passed House amended, [29FE]
Passed Senate amended, [12MR]
Senate insisted on its amendment and asked for a conference, [12MR]
House disagreed to Senate amendment and agreed to a confeence, [14MR]
Conference report (H. Rept. 104-494) submitted in the House, [25MR]
Conference report considered in the Senate, [26MR]
Senate agreed to conference report, [28MR]
House agreed to conference report, [28MR]
Presented to the President (April 3, 1996)
Approved [Public Law 104-127] (signed April 4, 1996)
H.R. 2855--
A bill to provide that the President, Vice President, members of the
President's Cabinet, and Members of Congress shall not be paid
during a Federal Government shutdown; to the Committees on
Government Reform and Oversight; House Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Martini, and Mr.
Greenwood), [5JA]
H.R. 2856--
A bill to amend the Marine Mammal Protection Act of 1972 to uphold the
integrity of the U.S. tuna labeling program, support the
International Dolphin Conservation Program in the eastern tropical
Pacific Ocean, and for other purposes; to the Committees on
Resources; Commerce; International Relations; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. MILLER of California (for himself, Mr. Torricelli, Mr. Towns,
Ms. McKinney, Ms. Furse, Mr. Faleomavaega, Ms. Rivers, Mr. Moran,
Mr. Waxman, Mr. Torres, Mr. Manton, Mrs. Mink of Hawaii, Mr.
Johnston of Florida, Mrs. Morella, Mr. Evans, Ms. Pelosi, Mr.
Dellums, Mr. Lewis of Georgia, Mr. Brown of California, Mr.
Beilenson, Mr. Yates, and Ms. Eshoo), [5JA]
[[Page 2869]]
H.R. 2857--
A bill to provide for relief to Federal employees, Federal contractors,
and employees of Federal contractors for expenses incurred as a
result of nonpayment of basic pay or impediments against contract
performance arising from lapses in appropriations; to the Committee
on Government Reform and Oversight.
By Mrs. MINK of Hawaii (for herself, Mr. Abercrombie, Mr. Miller of
California, Ms. Pelosi, Ms. Jackson-Lee, Mr. Moran, Mr. Hoyer, and
Mr. Dellums), [5JA]
H.R. 2858--
A bill to amend chapters 83 and 84 of title 5, United States Code, to
provide that any survivor annuity for a child that terminates by
reason of such child marrying shall resume, absent any other
disqualifying event or condition, if and when that marriage ends; to
the Committee on Government Reform and Oversight.
By Mr. SMITH of New Jersey, [5JA]
H.R. 2859--
A bill to authorize the Secretary of the Army to exchange a certain
parcel of real property at Fort Lewis, WA; to the Committee on
National Security.
By Mr. TATE, [5JA]
H.R. 2860--
A bill to repeal restrictive provisions of Federal law relating to
colored margarine; to the Committee on Commerce.
By Mr. WHITFIELD, [5JA]
H.R. 2861--
A bill to amend the Internal Revenue Code of 1986 to exclude long-term
capital gains from gross income; to the Committee on Ways and Means.
By Mr. DREIER (for himself, Mr. Tauzin, and Mr. Zimmer), [5JA]
H.R. 2862--
A bill to permanently increase the public debt limit; to the Committee
on Ways and Means.
By Mrs. KENNELLY (for herself, Mr. Sabo, Mr. Gibbons, Mr. Matsui, Mr.
Kleczka, Mr. Stark, Mr. Neal of Massachusetts, Mr. McDermott, Mr.
Levin, Mr. Rangel, Mr. Ford, Mr. Cardin, Mr. Payne of Virginia, Mr.
Coyne, Mr. Lewis of Georgia, and Mr. Gephardt), [22JA]
Cosponsors added, [25JA], [1FE]
H.R. 2863--
A bill making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1996,
and for other purposes; to the Committee on Appropriations.
By Ms. McKINNEY, [22JA]
H.R. 2864--
A bill to amend the Internal Revenue Code of 1986 to provide for
501(c)(3) bonds a tax treatment similar to governmental bonds, and
for other purposes; to the Committee on Ways and Means.
By Mr. HOUGHTON (for himself, Mr. Matsui, Mr. Crane, Mr. Neal of
Massachusetts, Mr. Rangel, Mr. Shaw, Mr. English of Pennsylvania,
and Mrs. Kennelly), [23JA]
Cosponsors added, [6MR], [28MR], [8MY], [26JN], [4SE]
H.R. 2865--
A bill to amend the Internal Revenue Code of 1986 to increase the tax on
handguns and assault weapons, to increase the license application
fee for gun dealers, and to use the proceeds from those increases to
pay for medical care for gunshot victims; to the Committees on Ways
and Means; the Judiciary; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. MEEK of Florida, [23JA]
H.R. 2866--
A bill to amend title 18, United States Code, with respect to health
care fraud, and for other purposes; to the Committee on the
Judiciary.
By Mr. SCHUMER, [23JA]
H.R. 2867--
A bill to prohibit U.S. voluntary and assessed contributions to the
United Nations if the United Nations imposes any tax or fee on U.S.
persons or continues to develop or promote proposals for such taxes
or fees; to the Committee on International Relations.
By Mr. SOLOMON (for himself, Ms. Ros-Lehtinen, Mr. Sam Johnson, Mr.
Bartlett of Maryland, Mr. Dornan, Mr. Traficant, Mr. Ewing, Mr.
Hastings of Washington, and Mr. Hilleary), [23JA]
Cosponsors added, [24JA], [25JA], [30JA], [1FE], [29FE], [10JN],
[17JY]
H.R. 2868--
A bill to amend title 38, United States Code, to make permanent
alternative teacher certification programs; to the Committee on
Veterans' Affairs.
By Mr. TEJEDA (for himself, Mr. Buyer, Ms. Waters, and Mr.
Montgomery), [23JA]
Cosponsors added, [19JN]
H.R. 2869--
A bill to extend the deadline for commencement of construction of a
hydroelectric project in the State of Kentucky; to the Committee on
Commerce.
By Mr. WHITFIELD, [23JA]
Reported with amendment (H. Rept. 104-512), [28MR]
Rules suspended. Passed House amended, [16AP]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-258] (signed October 9, 1996)
H.R. 2870--
A bill to eliminate the duties on Tetraamino Biphenyl; to the Committee
on Ways and Means.
By Mr. ZIMMER (for himself and Mr. Spratt), [23JA]
H.R. 2871--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the vessel
Ark; to the Committee on Transportation and Infrastructure.
By Mr. YOUNG of Florida, [23JA]
H.R. 2872--
A bill to authorize substitution for drawback purposes of certain types
of fibers and yarns for use in the manufacture of carpets and rugs;
to the Committee on Ways and Means.
By Mr. DEAL of Georgia, [24JA]
H.R. 2873--
A bill to amend title 10, United States Code, to limit the collection
and use by the Department of Defense of individual genetic
identifying information to the purpose of identification of remains,
other than when the consent of the individual concerned is obtained;
to the Committee on National Security.
By Mr. KENNEDY of Massachusetts, [24JA]
Cosponsors added, [28FE]
H.R. 2874--
A bill to require the Secretary of Defense to take the necessary steps
to negotiate with the members of NATO to ensure that the European
members of NATO assume the costs of supporting U.S. participation in
the NATO Implementation Force [IFOR]; to the Committees on
International Relations; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Frank of
Massachusetts, Mr. Jacobs, Mr. Luther, Mr. Barton of Texas, Mr.
Green of Texas, Ms. Furse, and Mr. Brown of Ohio), [24JA]
Cosponsors added, [28FE]
H.R. 2875--
A bill to amend the Internal Revenue Code of 1986 to establish and
provide a checkoff for a breast and prostate cancer research fund,
and for other purposes; to the Committees on Ways and Means;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KING, [24JA]
Cosponsors added, [1FE], [28FE], [7MR], [19MR], [29MR], [15AP],
[30AP], [25JN], [23JY], [25SE], [27JN]
H.R. 2876--
A bill to provide for a nonvoting delegate to the House of
Representatives to represent the Commonwealth of the Northern
Mariana Islands; to the Committee on Resources.
By Mr. UNDERWOOD (for himself, Mr. Faleomavaega, Mr. Frazer, Ms.
Norton, Mr. Romero-Barcelo, Mrs. Mink of Hawaii, Mr. Abercrombie,
and Ms. Pelosi), [24JA]
Cosponsors added, [11JY]
H.R. 2877--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for the payment of tuition for higher education and interest on
student loans; to the Committee on Ways and Means.
By Mr. McHALE, [24JA]
Cosponsors added, [10SE], [27SE]
H.R. 2878--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the vessel
Morgan; to the Committee on Transportation and Infrastructure.
By Mr. HOKE, [24JA]
H.R. 2879--
A bill to provide that individuals performing services for the
peacekeeping effort in the Republic of Bosnia and Herzegovina shall
be entitled to tax benefits in the same manner as if such services
were performed in a combat zone; to the Committee on Ways and Means.
By Mr. GIBBONS (for himself, Mr. Rangel, Mr. Stark, Mr. Jacobs, Mr.
Ford, Mr. Matsui, Mrs. Kennelly, Mr. Coyne, Mr. Levin, Mr. Cardin,
Mr. McDermott, Mr. Kleczka, Mr. Lewis of Georgia, Mr. Payne of
Virginia, Mr. Neal of Massachusetts, and Mr. McNulty), [25JA]
Cosponsors added, [5MR]
H.R. 2880--
A bill making appropriations for fiscal year 1996 to make a downpayment
toward a balanced budget, and for other purposes; to the Committee
on Appropriations.
By Mr. LIVINGSTON, [25JA]
Committee discharged. Passed House, [25JA]
Passed Senate, [26JA]
Presented to the President (January 26, 1996)
Approved [Public Law 104-99] (signed January 26, 1996)
H.R. 2881--
A bill to amend title 49, United States Code, to permit States to impose
fees to finance programs for providing air service to small
communities; to the Committee on Transportation and Infrastructure.
By Mr. BARRETT of Nebraska, [25JA]
Cosponsors added, [13MR]
H.R. 2882--
A bill to require that the pay and benefits of the President, the Vice
President, Members of Congress, and certain high level Government
employees be treated in the same manner as the pay and benefits of
Government employees who are affected by a Government shutdown; to
the Committees on Government Reform and Oversight; House Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BLUTE, [25JA]
H.R. 2883--
A bill to amend title XIX to the Social Security Act to eliminate the
requirement for States to seek recovery of medical assistance
properly paid and to restrict the use of liens and such recovery in
any MediGrant Program and any other future medical assistance
programs, and for other purposes; to the Committee on Commerce.
By Mr. BRYANT of Texas, [25JA]
H.R. 2884--
A bill to provide that the income tax instructions shall include an
explanation of any law under which the Federal budget is projected
to be in balance in 7 years; to the Committee on Ways and Means.
By Mr. DORNAN, [25JA]
H.R. 2885--
A bill to amend section 214 of the Housing and Community Development Act
of 1980 to limit the use of federally assisted housing by aliens; to
the Committee on Banking and Financial Services.
By Mr. GALLEGLY, [25JA]
Cosponsors added, [14MR]
H.R. 2886--
A bill to amend the Impact Aid Program to provide for a hold harmless
with respect to amounts for payments relating to the Federal acquisi
[[Page 2870]]
tion of real property, to permit certain local educational agencies
to apply for increased payments for fiscal year 1994 under the
Impact Aid Program, and to amend the Impact Aid Program to make a
technical correction with respect to maximum payments for certain
heavily impacted local educational agencies; to the Committee on
Economic and Educational Opportunities.
By Mr. JOHNSON of South Dakota, [25JA]
H.R. 2887--
A bill to amend the Internal Revenue Code of 1986 to exempt from the
highway vehicle excise tax certain equipment specially designed for
off-highway seasonal harvesting of agricultural commodities; to the
Committee on Ways and Means.
By Mr. JOHNSON of South Dakota, [25JA]
H.R. 2888--
A bill to ensure the economy, efficiency, and management of Government
operations and activities relating to travel arranged by the
Executive Office of the President, by abolishing the White House
Travel Office and requiring procurement of travel-related services
by the Executive Office of the President from private-sector
sources; to the Committee on Government Reform and Oversight.
By Mrs. MALONEY (for herself, Mrs. Collins of Illinois, and Mr.
Barrett of Wisconsin), [25JA]
H.R. 2889--
A bill to eliminate the duties on 2-Amino-3 chlorobenzoic acid, methyl
ester; to the Committee on Ways and Means.
By Mrs. MYRICK, [25JA]
H.R. 2890--
A bill relating to the tariff treatment of certain footware; to the
Committee on Ways and Means.
By Mr. PAXON, [25JA]
H.R. 2891--
A bill to amend title 38, United States Code, to provide a presumption
of service connection for certain specified diseases and
disabilities in the case of veterans who were exposed during
military service to carbon tetrachloride; to the Committee on
Veterans' Affairs.
By Mr. PETERSON of Minnesota, [25JA]
Cosponsors added, [1MY]
H.R. 2892--
A bill to impose sanctions on Burma, and for other purposes; to the
Committees on International Relations; Banking and Financial
Services; the Judiciary; Commerce; Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. ROHRABACHER (for himself, Mr. Royce, and Mr. Smith of New
Jersey), [25JA]
Cosponsors added, [28MR], [30AP], [18JN], [20JN], [16JY], [18JY],
[30JY], [5SE], [26SE], [10JY], [26JY], [10JY], [26JY]
H.R. 2893--
A bill to provide increased access to health care benefits, to provide
increased portability of health care benefits, to provide increased
security of health care benefits, to increase the purchasing power
of individuals and small employers, and for other purposes; to the
Committees on Commerce; Ways and Means; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. ROUKEMA, [25JA]
Cosponsors added, [20MR], [21MR], [22MR], [27MR], [30AP], [7MY]
H.R. 2894--
A bill for the relief of the seven individuals who were terminated from
employment with the White House Travel Office on May 19, 1993; to
the Committee on the Judiciary.
By Mr. SALMON (for himself, Mr. Dornan, Mr. Souder, Mr. Davis, Mr.
Baker of Louisiana, Mr. Greenwood, Mrs. Chenoweth, and Mr. Stearns),
[25JA]
Cosponsors added, [31JA], [1FE]
H.R. 2895--
A bill to amend the Harmonized Tariff Schedule of the United States with
respect to fireworks; to the Committee on Ways and Means.
By Mr. SHAW, [25JA]
H.R. 2896--
A bill to limit the issuance of public debt obligations after December
31, 2001; to the Committee on Ways and Means.
By Mr. SMITH of Michigan (for himself and Mr. Shays), [25JA]
Cosponsors added, [30JA], [28FE]
H.R. 2897--
A bill to increase the public debt limit, to protect the Social Security
trust funds and other Federal trust funds and accounts invested in
public debt obligations, and for other purposes; to the Committees
on Ways and Means; Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SMITH of Michigan, [25JA]
H.R. 2898--
A bill to amend the Immigration and Nationality Act to provide that
aliens removed from the United States as illegal entrants or
immigration violators shall permanently be inadmissible; to the
Committee on the Judiciary.
By Mr. TATE, [25JA]
Cosponsors added, [28FE], [6MR], [12MR]
H.R. 2899--
A bill to establish within the Department of Energy a National Test and
Demonstration Center of Excellence at the Nevada Test Site, and for
other purposes; to the Committees on National Security; Science;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. VUCANOVICH (for herself and Mr. Ensign), [25JA]
H.R. 2900--
A bill to establish nationally uniform requirements regarding the
titling and registration of salvage, nonrepairable, and rebuilt
vehicles; to the Committees on Commerce; the Judiciary; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WHITE (for himself, Mr. Schaefer, Mr. Brown of Ohio, and Mr.
Richardson), [25JA]
Cosponsors added, [1FE], [29FE], [5MR], [21MR], [29MR], [16AP],
[25AP], [14MY], [30MY], [5JN], [18JN], [19JN], [20JN], [25JN],
[26JN], [12JY], [16JY], [30JY], [1AU], [4SE], [11SE], [18SE],
[25SE], [2OC], [27JN], [10JY], [27JN], [10JY]
H.R. 2901--
A bill for the relief of Joel Andrew Dopp; to the Committee on the
Judiciary.
By Mr. SCARBOROUGH, [25JA]
H.R. 2902--
A bill to suspend tariff reductions on winter tomatoes imported from
Mexico until the President certifies to the Congress that existing
mechanisms are sufficient to protect the domestic industry from
import surges from Mexico; to the Committee on Ways and Means.
By Mr. GOSS, [26JA]
H.R. 2903--
A bill to provide for deficit reduction and achieve a balanced budget by
fiscal year 2002; to the Committees on the Budget; Ways and Means;
Commerce; Banking and Financial Services; the Judiciary;
Agriculture; Economic and Educational Opportunities; Government
Reform and Oversight; House Oversight; National Security; Veterans'
Affairs; Resources; International Relations; Rules, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. KASICH (by request), [26JA]
H.R. 2904--
A bill to amend the Public Buildings Act of 1959 to ensure that any
lease entered into by a Federal agency for office, meeting, storage,
and other space necessary to carry out the functions of the Federal
agency shall be subject to the leasing requirements of the Public
Buildings Act of 1959; to the Committee on Transportation and
Infrastructure.
By Mr. TRAFICANT, [26JA]
H.R. 2905--
A bill to require a study regarding risk management fund accounts for
farm owners and operators; to the Committee on Agriculture.
By Mr. BEREUTER, [30JA]
H.R. 2906--
A bill to amend the Helium Act to authorize the Secretary to enter into
agreements with private parties for the recovery and disposal of
helium on Federal lands, and for other purposes; to the Committee on
Resources.
By Mr. COX (for himself, Mr. Young of Alaska, Mr. Calvert, and Mrs.
Vucanovich), [30JA]
H.R. 2907--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Barefoot'n; to the
Committee on Transportation and Infrastructure.
By Mr. PICKETT, [30JA]
H.R. 2908--
A bill to promote international trade and interstate commerce in the
broodstock and seedstock of domesticated salmonid by authorizing the
Secretary of Agriculture to provide diagnostic and certification
services to reduce the risk of transmission of diseases associated
with domesticated salmonid; to the Committees on Resources;
Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. HASTINGS of Washington, [31JA]
Cosponsors added, [29FE], [7MY]
H.R. 2909--
A bill to amend the Silvio O. Conte National Fish and Wildlife Refuge
Act to provide that the Secretary of the Interior may acquire lands
for purposes of that act only by donation or exchange, or otherwise
with the consent of the owner of the lands; to the Committee on
Resources.
By Mr. BASS, [31JA]
Cosponsors added, [13MR], [14MR]
Reported (H. Rept. 104-579), [16MY]
Placed on the Corrections Calendar, [4JN]
Passed House amended, [11JN]
Passed Senate, [18SE]
Presented to the President (September 20, 1996)
Presidential veto message, [2OC]
Presidential veto message and bill referred to the Committee on
Resources, [3OC]
H.R. 2910--
A bill to amend the Internal Revenue Code of 1986 to clarify the
restrictions on the lobbying and campaign activities of churches; to
the Committee on Ways and Means.
By Mr. CRANE (for himself and Mr. Rangel), [31JA]
Cosponsors added, [23AP]
H.R. 2911--
A bill to amend the Internal Revenue Code of 1986 to limit the tax rate
for certain small businesses, and for other purposes; to the
Committee on Ways and Means.
By Mr. CRANE, [31JA]
Cosponsors added, [12MR], [22MR], [15AP], [2MY], [10MY], [16MY],
[23MY], [30MY], [13JN], [20JN], [12JY], [2AU], [16SE], [27JN]
H.R. 2912--
A bill to amend title I of the Omnibus Crime Control and Safe Streets
Act of 1968 to require a 33 percent reduction in certain assistance
to a State under such title unless public safety officers who retire
as a result of injuries sustained in the line of duty continue to
receive health insurance benefits; to the Committee on the
Judiciary.
By Mr. DEUTSCH (for himself, Mr. Gonzalez, Mr. Heineman, Mr. Lipinski,
and Mr. Frost), [31JA]
Cosponsors added, [23FE], [27FE], [28FE], [7MR], [14MR], [28MR],
[15AP], [25AP], [21MY], [16JY], [17JY], [18JY], [22JY]
H.R. 2913--
A bill to amend title 38, United States Code, to provide that amounts
collected with respect to the provision of health care at a
Department of Veterans Affairs medical center may be retained by
that medical center; to the Committee on Veterans' Affairs.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Clinger, Mr. Watts of
Oklahoma, and Mr. Taylor of North Carolina), [31JA]
Cosponsors added, [30JY]
H.R. 2914--
A bill to amend the Higher Education Act of 1965 to clarify the
authority of the Secretary of Education with respect to eligibility
standards
[[Page 2871]]
for short term educational programs; to the Committee on Economic
and Educational Opportunities.
By Mr. FRANK of Massachusetts, [31JA]
Cosponsors added, [9FE], [27FE], [20MR], [17AP]
H.R. 2915--
A bill to enhance support and work opportunities for families with
children, reduce welfare dependence, and control welfare spending;
to the Committees on Ways and Means; Agriculture; Economic and
Educational Opportunities; Banking and Financial Services;
Government Reform and Oversight; Commerce; the Judiciary;
International Relations, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. HAYES, [31JA]
Cosponsors added, [14MR]
H.R. 2916--
A bill to amend title 46, United States Code, to ensure the safety of
towing vessels; to the Committee on Transportation and
Infrastructure.
By Mr. KENNEDY of Rhode Island (for himself and Mr. Reed), [31JA]
Cosponsors added, [27FE]
H.R. 2917--
A bill to authorize the Chief of Engineers of the Army Corps of
Engineers to make capital improvements for the Washington Aqueduct,
and for other purposes; to the Committee on Transportation and
Infrastructure.
By Ms. NORTON, [31JA]
H.R. 2918--
A bill to deny funds to educational programs that allow corporal
punishment; to the Committee on Economic and Educational
Opportunities.
By Mr. OWENS, [31JA]
H.R. 2919--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to provide for the development and use of
brownfields, and for other purposes; to the Committees on Commerce;
Transportation and Infrastructure; Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. QUINN (for himself, Mr. McHale, Mr. Franks of New Jersey; Mr.
Meehan and Mr. Blute), [31JA]
Cosponsors added, [28FE], [6MR], [13MR], [26MR], [29MR]
H.R. 2920--
A bill to limit the issuance of public debt obligations after December
31, 2001, and to impose maximum limits on the amount of the public
debt limit; to the Committee on Ways and Means.
By Mr. SMITH of Michigan (for himself, Mr. Solomon, and Mr. Shays),
[31JA]
H.R. 2921--
A bill to amend the Agricultural Adjustment Act to provide that imported
tomatoes are subject to packing standards contained in marketing
orders issued by the Secretary of Agriculture, and for other
purposes; to the Committees on Agriculture; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. THURMAN (for herself, Mr. Foley, Mr. Canady, Ms. Brown of
Florida, Mr. Diaz-Balart, Mr. Deutsch, Mrs. Fowler, Mr. Goss, Mr.
Johnston of Florida, Mrs. Meek of Florida, Mr. Mica, Mr. Peterson of
Florida, Ms. Ros-Lehtinen, Mr. Shaw, Mr. Stearns, and Mr. Weldon of
Florida), [31JA]
Cosponsors added, [1FE], [12MR]
H.R. 2922--
A bill to amend part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to ensure that Federal funds made available to
hire or rehire law enforcement officers are used in a manner that
produces a net gain of the number of law enforcement officers who
perform nonadministrative public safety services; to the Committee
on the Judiciary.
By Mr. TRAFICANT, [31JA]
Cosponsors added, [23FE], [29FE], [4MR], [7MR], [29MR], [29AP], [10MY]
H.R. 2923--
A bill to extend for 4 additional years the waiver granted to the Watts
Health Foundation from the membership mix requirement for health
maintenance organizations participating in the Medicare Program; to
the Committees on Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. WATERS, [31JA]
Reported from the Committee on Commerce (H. Rept. 104-844, part 1),
[25SE]
Referral to the Committee on Ways and Means extended, [25SE], [2OC]
H.R. 2924--
A bill to guarantee the timely payment of Social Security benefits in
March 1996; to the Committee on Ways and Means.
By Mr. ARCHER (for himself, Mr. Crane, Mr. Thomas, Mr. Shaw, Mrs.
Johnson of Connecticut, Mr. Bunning of Kentucky, Mr. Houghton, Mr.
Herger, Mr. McCrery, Mr. Hancock, Mr. Camp, Mr. Ramstad, Mr. Zimmer,
Mr. Nussle, Mr. Sam Johnson, Ms. Dunn of Washington, Mr. Collins of
Georgia, Mr. Portman, Mr. Hayes, Mr. Laughlin, Mr. English of
Pennsylvania, Mr. Ensign, and Mr. Christensen), [1FE]
Passed House, [1FE]
Passed Senate (in lieu of S. 1555), [1FE]
Presented to the President (February 2, 1996)
Approved [Public Law 104-103] (signed February 8, 1996)
H.R. 2925--
A bill to modify the application of the antitrust laws to health care
provider networks that provide health care services; and for other
purposes; to the Committee on the Judiciary.
By Mr. HYDE (for himself, Mr. Archer, Mr. Weldon of Florida, Mr.
McCollum, Mr. Gekas, Mr. Coble, Mr. Smith of Texas, Mr. Hastert, Mr.
Schiff, Mr. Thomas, Mr. Canady, Mr. Inglis of South Carolina, Mr.
Goodlatte, Mr. Boucher, Mr. Crane, Mr. Shaw, Mrs. Johnson of
Connecticut, Mr. McCrery, Mr. Camp, Mr. Campbell, Mr. Sam Johnson,
Mr. Christensen, Mr. Ganske, Mr. Lipinski, and Mr. Hancock), [1FE]
Cosponsors added, [27FE], [12MR], [13MR], [14MR], [19MR], [20MR],
[22MR], [26MR], [27MR], [28MR], [16AP], [17AP], [24AP], [1MY],
[2MY], [8MY], [14MY], [21MY], [30MY], [10JN], [13JN], [20JN],
[26JN], [6JN], [12JN], [27JN], [6JN], [12JN], [27JN]
Reported (H. Rept. 104-646), [27JN]
H.R. 2926--
A bill to extend nondiscriminatory treatment--most-favored-nation
treatment--to the products of certain nonmarket economy countries;
to the Committee on Ways and Means.
By Mr. EWING (for himself, Mr. Dreier, Mr. Kolbe, Mr. Knollenberg, and
Mr. Manzullo), [1FE]
Cosponsors added, [12MR]
H.R. 2927--
A bill to amend the Fair Housing Act regarding local and State laws and
regulations governing residential care facilities; to the Committee
on the Judiciary.
By Mr. BILBRAY (for himself, Mr. Hunter, Mr. Packard, Mr. Cunningham,
and Mr. Filner), [1FE]
Cosponsors added, [27MR], [25AP], [8MY], [9MY], [21MY], [30MY], [5JN],
[26JN], [17SE]
H.R. 2928--
A bill to amend title II of the Social Security Act to ensure the
integrity of the Social Security trust funds by requiring the
managing trustee to invest the annual surplus of such trust funds in
marketable interest-bearing obligations of the United States and
certificates of deposit in depository institutions insured by the
Federal Deposit Insurance Corporation, and to protect such trust
funds from the public debt limit; to the Committee on Ways and
Means.
By Mr. NEUMANN, [1FE]
Cosponsors added, [29FE], [6MR], [14MR], [28MR], [7MY], [19JN], [31JY]
H.R. 2929--
A bill to amend title I of the Public Utility Regulatory Policies Act of
1978 to deregulate the electric power industry; to the Committees on
Commerce; the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MARKEY, [1FE]
H.R. 2930--
A bill to amend title II of the Social Security Act to provide for an
improved benefit computation formula for workers who attain age 65
in or after 1982 by providing a new 10-year rule governing the
transition to the changes in benefit computation rules enacted in
the Social Security amendments of 1977, and related beneficiaries
and to provide prospectively for increases in their benefits
accordingly, and for other purposes; to the Committees on Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. NEUMANN, [1FE]
Cosponsors added, [6MR], [14MR], [28MR], [7MY], [17JY], [6JN]
H.R. 2931--
A bill to amend title 10, United States Code, to expand the procurement
program under which the Department of Defense assists State and
local governments to purchase equipment suitable for counter-drug
activities to include the purchase of any law enforcement equipment;
to the Committee on National Security.
By Mr. LUTHER, [1FE]
Cosponsors added, [6MR], [14MR], [21MR], [22MR], [18AP], [15MY],
[12JN]
H.R. 2932--
A bill to amend the Federal Food, Drug, and Cosmetic Act to revise the
requirements of that act relating to the dissemination of scientific
information on drugs; to the Committee on Commerce.
By Mr. BURR (for himself, Mr. Coburn, Mr. Stenholm, Mr. Upton, Mr.
Brewster, Mr. Bilbray, Mrs. Lincoln, and Mr. Heineman), [1FE]
Cosponsors added, [13MR], [30AP], [29MY]
H.R. 2933--
A bill to amend the Small Business Act concerning the level of
participation by the Small Business Administration in loans
guaranteed under the Export Working Capital Program; to the
Committee on Small Business.
By Mr. BALDACCI (for himself, Mr. LaFalce, Mr. Hilliard, Mr. Sisisky,
Mrs. Clayton, Mr. Meehan, Mr. Bentsen, and Mr. Flake), [1FE]
Cosponsors added, [29FE], [14MR], [23AP]
H.R. 2934--
A bill to eliminate certain Federal programs and subsidies; to the
Committees on Ways and Means; Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BLUTE, [1FE]
H.R. 2935--
A bill to amend title 28, United States Code, to divide the Ninth
Judicial Circuit of the United States into two circuits, and for
other purposes; to the Committee on the Judiciary.
By Mr. BUNN of Oregon (for himself, Mr. White, Ms. Dunn of Washington,
and Mr. Young of Alaska), [1FE]
Cosponsors added, [27FE], [27MR]
H.R. 2936--
A bill to provide that if a member nation of the North Atlantic Treaty
Organization, the Republic of Korea, or Japan does not agree, by the
end of fiscal year 1997, to contribute to the United States for each
fiscal year an amount equal to the full direct costs to the United
States of U.S. military forces permanently stationed ashore in that
country for that fiscal year, all such United States forces assigned
in that country shall be withdrawn not later than the end of fiscal
year 1999 and to provide that the amount of all such contributions
and the amount of savings from such withdrawals shall be deposited
in the Federal Hospital Insurance Trust Fund; to the Committees on
International Relations; National Security; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. CHAPMAN, [1FE]
H.R. 2937--
A bill for the reimbursement of legal expenses and related fees incurred
by former employees of the White House Travel Office with respect
[[Page 2872]]
to the termination of their employment in that Office on May 19,
1993; to the Committee on the Judiciary.
By Mr. CLINGER (for himself, Mr. Armey, Mr. DeLay, Mr. Walker, Mr.
Burton of Indiana, Mr. Davis, Mr. Fox, Mr. Hastert, Mr. Schiff, Mr.
Blute, Mr. LaTourette, Mr. Frank of Massachusetts, Mrs. Morella,
Mrs. Vucanovich, Mr. Ballenger, and Mr. Ehrlich), [1FE]
Cosponsors added, [28FE]
Reported with amendments (H. Rept. 104-484), [18MR]
Rules suspended. Passed House amended, [19MR]
H.R. 2938--
A bill to encourage the furnishing of health care services to low-income
individuals by exempting health care professionals from liability
for negligence for certain health care services provided without
charge except in cases of gross negligence or willful misconduct,
and for other purposes; to the Committee on the Judiciary.
By Mr. GOODLATTE (for himself, Mr. Moorhead, Mr. McCollum, Mr. Smith
of Texas, Mr. Hoke, and Mr. Bryant of Tennessee), [1FE]
Cosponsors added, [29FE], [12MR], [28MR], [18AP], [7MY]
H.R. 2939--
A bill to direct the Secretary of the Interior to conduct a pilot test
of the Mississippi Interstate Cooperative Resource Agreement; to the
Committee on Resources.
By Mr. GUNDERSON (for himself and Mr. Bereuter), [1FE]
Cosponsors added, [24AP], [31MY]
H.R. 2940--
A bill to amend the Deepwater Port Act of 1974; to the Committees on
Transportation and Infrastructure; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HAYES (for himself, Mr. Tauzin, Mr. Baker of Louisiana, Mr.
Jefferson, and Mr. McCrery), [1FE]
Reported with amendment (H. Rept. 104-692, part 1), [18JY]
Referral to the Committee on the Judiciary extended, [18JY]
Committee on the Judiciary discharged, [18JY]
Rules suspended. Passed House amended, [18SE]
H.R. 2941--
A bill to improve the quantity and quality of the quarters of land
management agency field employees, and for other purposes; to the
Committees on Resources; Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HEFLEY, [1FE]
Reported with amendment (H. Rept. 104-802, part 1), [17SE]
Referral to the Committee on Agriculture extended, [17SE]
Committee on Agriculture discharged, [17SE]
Rules suspended. Passed House amended, [17SE]
H.R. 2942--
A bill to amend the Railroad Retirement Act of 1974 to prevent the
canceling of annuities to certain divorced spouses of workers whose
widows elect to receive lump-sum payments; to the Committee on
Transportation and Infrastructure.
By Mr. JOHNSON of South Dakota, [1FE]
Cosponsors added, [18JY]
H.R. 2943--
A bill to provide for the collection of fossils on Federal lands, and
for other purposes; to the Committees on Resources; Agriculture;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. JOHNSON of South Dakota (for himself and Mr. Skeen), [1FE]
Cosponsors added, [16AP], [9MY], [10MY], [30MY], [17JN], [4SE], [6JN]
H.R. 2944--
A bill to reform the financing of Federal elections, and for other
purposes; to the Committees on House Oversight; Commerce; the
Judiciary; Government Reform and Oversight; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. MALONEY, [1FE]
Cosponsors added, [23FE]
H.R. 2945--
A bill to limit the provision of assistance to the Government of Mexico
using the exchange stabilization fund established pursuant to
section 5302 of title 31, United States Code, and for other purpose;
to the Committee on Banking and Financial Services.
By Mr. MILLER of California, [1FE]
Cosponsors added, [6MR]
H.R. 2946--
A bill to provide that applications by Mexican motor carriers of
property for authority to provide service across the United States-
Mexico international boundary line and by persons of Mexico who
establish enterprises in the United States seeking to distribute
international cargo in the United States shall not be approved until
certain certifications are made to the Congress by the President and
the Secretary of Transportation, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. MILLER of California, [1FE]
Cosponsors added, [6MR]
H.R. 2947--
A bill expressing the sense of the House of Representatives regarding
the failure of Mexico to cooperate with the United States in
controlling the transport of illegal drugs and controlled substances
and the denial of certain assistance to Mexico as a result of that
failure; to the Committees on International Relations; Banking and
Financial Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MILLER of California, [1FE]
H.R. 2948--
A bill to increase the amount authorized to be appropriated for
additions to Haleakala National Park; to the Committee on Resources.
By Mrs. MINK of Hawaii, [1FE]
H.R. 2949--
A bill to strengthen Federal law with respect to the prohibitions
against and penalties for acts which sabotage or otherwise threaten
the safety of rail Transportation and mass transit; to the
Committees on Transportation and Infrastructure; the Judiciary, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Ms. MOLINARI, [1FE]
H.R. 2950--
A bill to preserve and strengthen the Foreign Market Development
Cooperator Program of the Department of Agriculture, and for other
purposes; to the Committee on Agriculture.
By Mr. NETHERCUTT (for himself, Mr. McHugh, Mr. Cooley, Mr. Hastings
of Washington, Mrs. Chenoweth, and Mr. Johnson of South Dakota),
[1FE]
H.R. 2951--
A bill to protect United States taxpayers by preventing the use of
Federal funds for construction of a dam on the American River at
Auburn, CA; to the Committees on Resources; Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. PETRI, [1FE]
Cosponsors added, [28FE], [19MR], [24AP], [30AP], [14MY], [21MY],
[30MY], [11JN], [18JN], [5SE], [27JN]
Cosponsors removed, [30AP], [12JN]
H.R. 2952--
A bill to amend the Internal Revenue Code of 1986 and title II of the
Social Security Act to reduce Social Security taxes, to reduce old-
age insurance benefits by a corresponding amount, and to provide for
the establishment of individual Social Security retirement accounts
funded by payroll deductions and employer contributions equal to the
amount of the tax reduction; to the Committees on Ways and Means;
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. PORTER (for himself, Mr. Shays, Mr. Calvert, Mr. Manzullo, and
Mr. Petri), [1FE]
H.R. 2953--
A bill to amend the Internal Revenue Code of 1986 and the Social
Security Act to provide for personal investment plans funded by
employee Social Security payroll deductions; to the Committees on
Ways and Means; Economic and Educational Opportunities, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. PORTER (for himself and Mr. Inglis of South Carolina), [1FE]
H.R. 2954--
A bill to amend title 18, United States Code, to provide Federal
penalties for stalking; to the Committee on the Judiciary.
By Mr. ROYCE, [1FE]
H.R. 2955--
A bill to stop abuse of Federal collateral remedies; to the Committee on
the Judiciary.
By Mr. SHADEGG, [1FE]
Cosponsors added, [7MR]
H.R. 2956--
A bill to amend the Interjurisdictional Fisheries Act of 1986 to
authorize the provision of certain disaster assistance to commercial
fishermen through State and local government agencies and nonprofit
organizations, and for other purposes; to the Committee on
Resources.
By Mr. STUDDS, [1FE]
H.R. 2957--
A bill to deauthorize a portion of the navigation project for Weymouth-
Fore and Town Rivers, MA; to the Committee on Transportation and
Infrastructure.
By Mr. STUDDS, [1FE]
H.R. 2958--
A bill to authorize the Secretary of the Interior to make appropriate
improvements to a county road located in the Pictured Rocks National
Lakeshore, and to prohibit construction of a scenic shoreline drive
in that national lakeshore; to the Committee on Resources.
By Mr. STUPAK, [1FE]
Cosponsors added, [25AP], [30MY]
H.R. 2959--
A bill to repeal the requirement enacted in the National Defense
Authorization Act for fiscal year 1996 for the mandatory discharge
or retirement of any member of the Armed Forces who is HIV positive;
to the Committee on National Security.
By Mr. TORKILDSEN (for himself, Ms. Harman, Mr. Dellums, Mrs. Morella,
Mr. Shays, Mr. Gunderson, Mr. Studds, Mr. Campbell, Mr. Ward, Ms.
DeLauro, Mr. Boehlert, Mr. Bilbray, Mr. Gilman, Ms. Pelosi, Mr.
Abercrombie, Mr. Meehan, Mrs. Maloney, Mr. Sabo, Mr. Yates, Mr.
Gutierrez, Mr. Markey, Mr. Miller of California, Mr. Farr, Mr.
Waxman, Mr. Deutsch, Ms. Waters, Ms. Rivers, Mr. Matsui, Mr. Brown
of California, Mr. Ackerman, Ms. Furse, Mrs. Schroeder, Mr. DeFazio,
Mr. Martinez, Mr. Evans, Mr. Berman, Mr. Frank of Massachusetts, Mr.
Hinchey, Ms. Slaughter, Mr. Nadler, Mr. Olver, Mr. Stark, Mr.
Kennedy of Massachusetts, Mr. Gejdenson, and Mr. Kennedy of Rhode
Island), [1FE]
Cosponsors added, [9FE], [20FE], [23FE], [27FE], [28FE], [29FE],
[5MR], [6MR], [12MR], [14MR], [19MR], [20MR], [21MR], [25MR],
[28MR], [29MR], [15AP], [17AP]
H.R. 2960--
A bill to amend the Internal Revenue Code of 1986 to provide that
amounts derived from Federal grants in connection with revolving
funds established in accordance with the Federal Water Pollution
Control Act will not be treated as investment property for purposes
of section 148 of such Code; to the Committee on Ways and Means.
By Mr. ZIMMER (for himself and Mr. Blute), [1FE]
Cosponsors added, [12JY]
H.R. 2961--
A bill for the relief of Wayne T. Alderson; to the Committee on National
Security.
By Mr. DOYLE, [1FE]
H.R. 2962--
A bill to amend the Internal Revenue Code of 1986 to disallow deductions
for advertising
[[Page 2873]]
expenses for tobacco products; to the Committee on Ways and Means.
By Mr. McHALE (for himself, Mr. Oberstar, Mr. Yates, Mr. Meehan, Mr.
Hansen, Mr. Durbin, Mr. Reed, Mr. Hinchey, and Ms. Rivers), [6FE]
Cosponsors added, [10JN], [25JN], [22JY], [1AU], [26SE], [28SE]
H.R. 2963--
A bill to amend subchapter III of chapter 13 of title 31, United States
Code, popularly known as the Anti-Deficiency Act, to allow the
United States to enter into contracts or obligations during a lapse
in appropriations if the President determines that a sufficient
appropriation is likely to be made for that purpose before the end
of the fiscal year, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mrs. MEEK of Florida (for herself, Mr. Davis, Mr. Hoyer, Mr. Moran,
Ms. Norton, and Mr. Wynn), [6FE]
Cosponsors added, [14MR], [22JY]
H.R. 2964--
A bill to amend the Communications Act of 1934 to require the Federal
Communications Commission to establish a toll free telephone number
for the collection of complaints concerning violence and other
patently offensive material on broadcast and cable television, and
for other purposes; to the Committee on Commerce.
By Mr. KENNEDY of Massachusetts, [9FE]
Cosponsors added, [29AP], [1AU]
H.R. 2965--
A bill to amend title 31, United States Code, to provide an automatic
continuing appropriation for the U.S. Government; to the Committee
on Appropriations.
By Mr. KLECZKA, [13FE]
H.R. 2966--
A bill to authorize law enforcement agencies to make arrangements for
the compensation of officers in their canine units; to the Committee
on Economic and Educational Opportunities.
By Mr. HERGER, [16FE]
Cosponsors added, [5MR], [22MY]
H.R. 2967--
A bill to extend the authorization of the Uranium Mill Tailings
Radiation Control Act of 1978, and for other purposes; to the
Committee on Commerce.
By Mr. SCHAEFER, [23FE]
Reported with amendment (H. Rept. 104-536), [24AP]
Rules suspended. Passed House amended, [14MY]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-259] (signed October 9, 1996)
H.R. 2968--
A bill to prohibit the use of credit cards by officers and employees of
the Federal Government; to the Committee on Government Reform and
Oversight.
By Mr. GEKAS (for himself and Mr. Royce), [23FE]
Cosponsors added, [23AP]
H.R. 2969--
A bill to eliminate the Board of Tea Experts by repealing the Tea
Importation Act of 1897; to the Committees on Ways and Means;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KLUG (for himself and Mr. Kennedy of Massachusetts), [23FE]
Cosponsors added, [28FE], [7MR]
Reported from the Committee on Ways and Means (H. Rept. 104-467, part
1), [29FE]
Referral to the Committee on Commerce extended, [29FE], [6MR]
Reported from the Committee on Commerce (H. Rept. 104-467, part 2),
[8MR]
Passed House, [21MR]
Passed Senate, [25MR]
Presented to the President (March 28, 1996)
Approved [Public Law 104-128] (signed April 9, 1996)
H.R. 2970--
A bill to provide for a judicial remedy for U.S. persons injured as a
result of violations by foreign states of their arbitral obligations
under international law; to the Committee on the Judiciary.
By Mr. McCOLLUM (for himself and Mr. Shaw), [23FE]
H.R. 2971--
A bill to amend the Internal Revenue Code of 1986 and the Social
Security Act to reduce Social Security taxes and to provide for
Social Security individual retirement accounts funded by Social
Security payroll deductions; to the Committees on Ways and Means;
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. THOMAS, [23FE]
H.R. 2972--
A bill to authorize appropriations for the Securities and Exchange
Commission, to reduce the fees collected under the Federal
securities laws, and for other purposes; to the Committee on
Commerce.
By Mr. BLILEY (for himself, Mr. Archer, Mr. Rogers, Mr. Fields of
Texas, Mr. Dingell, Mr. Markey, Mr. Oxley, and Mr. Tauzin), [27FE]
Cosponsors added, [29FE], [6MR]
Reported with amendment (H. Rept. 104-479), [12MR]
Rules suspended. Passed House amended, [12MR]
H.R. 2973--
A bill to reform and extend Department of Agriculture programs related
to agricultural credit, rural development, conservation, trade,
research, and promotion of agricultural commodities; to the
Committees on Agriculture; Ways and Means; International Relations,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Gunderson, Mr. Allard,
Mr. Barrett of Nebraska, Mr. Ewing, and Mr. Smith of Michigan),
[27FE]
H.R. 2974--
A bill to amend the Violent Crime Control and Law Enforcement Act of
1994 to provide enhanced penalties for crimes against elderly and
child victims; to the Committee on the Judiciary.
By Mr. CHRYSLER, [27FE]
Cosponsors added, [6MR], [19MR], [27MR], [1MY]
Reported with amendment (H. Rept. 104-548), [1MY]
Passed House amended, [7MY]
H.R. 2975--
A bill to amend the Immigration and Nationality Act to establish a Board
of Visa Appeals within the Department of State to review decisions
of consular officers concerning visa applications, revocations, and
cancellations; to the Committee on the Judiciary.
By Mr. FRANK of Massachusetts (for himself, Mr. Yates, and Ms.
Pelosi), [27FE]
H.R. 2976--
A bill to prohibit health plans from interfering with health care
provider communications with their patients; to the Committees on
Commerce; Ways and Means; Economic and Educational Opportunities;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. GANSKE (for himself, Mr. Markey, Mr. Barr, Mr. Boucher, Mr.
Coburn, Mr. Durbin, Mr. Gene Green of Texas, Mr. Johnston of
Florida, Mr. Kennedy of Massachusetts, Mr. Kleczka, Ms. Lofgren, Mr.
McDermott, Mrs. Meek of Florida, Mr. Moran, Mr. Nadler, Mr. Sanders,
Mr. Serrano, Mrs. Smith of Washington, Mr. Stark, Mr. Studds, Mr.
Traficant, Mr. Waxman, Mr. Whitfield, and Mr. Wise), [27FE]
Cosponsors added, [29FE], [5MR], [12MR], [14MR], [27MR], [17AP],
[19AP], [24AP], [25AP], [2MY], [15MY], [21MY], [29MY], [30MY],
[31MY], [5JN], [11JN], [13JN], [18JN], [20JN], [9JY], [12JY],
[17JY], [24JY], [2AU], [5SE], [10SE], [18SE], [25SE], [26SE],
[27SE], [28SE], [30SE], [27JN], [26JY], [27JN], [26JY]
Reported with amendment (H. Rept. 104-865, part 1), [28SE]
Referral to the Committees on Ways and Means; Economic and Educational
Opportunities; Government Reform and Oversight extended, [28SE]
Referral to the Committees on Ways and Means; Economic and Educational
Opportunities; Governmental Reform and Oversight extended, [2OC]
H.R. 2977--
A bill to reauthorize alternative means of dispute resolution in the
Federal administrative process, and for other purposes; to the
Committee on the Judiciary.
By Mr. GEKAS (for himself and Mr. Reed), [27FE]
Reported (H. Rept. 104-597), [29MY]
Rules suspended. Passed House amended, [4JN]
Passed Senate amended, [12JN]
Senate insisted on its amendment and asked for a conference, [12JN]
Conferees appointed, [14JN]
House disagreed to Senate amendments and agreed to a conference,
[19SE]
Conference report (H. Rept. 104-841) submitted in the House, [25SE]
H.R. 2978--
A bill to amend chapters 83 and 84 of title 5, United States Code, to
provide for measures to preserve the value of deferred annuities
over the period of the time between separation from Government
service and when payments commence, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. MORAN, [27FE]
Cosponsors added, [20MR], [23AP]
H.R. 2979--
A bill to ensure the financial self-sufficiency of public broadcasting,
and for other purposes; to the Committee on Commerce.
By Mr. FIELDS of Texas (for himself, Mr. Porter, Mr. Oxley, Mr.
Moorhead, Mr. Schaefer, Mr. Barton of Texas, Mr. Hastert, Mr.
Gillmor, and Mr. Frisa), [28FE]
Cosponsors added, [29FE], [19SE]
H.R. 2980--
A bill to amend title 18, United States Code, with respect to stalking;
to the Committee on the Judiciary.
By Mr. ROYCE, [28FE]
Reported with amendment (H. Rept. 104-557), [6MY]
Rules suspended. Passed House amended, [7MY]
Passed Senate amended, [25JY]
H.R. 2981--
A bill to amend the Bank Holding Company Act of 1956 to provide
investment opportunities for small bank holding companies; to the
Committee on Banking and Financial Services.
By Mr. BAKER of Louisiana, [28FE]
H.R. 2982--
A bill to direct the Secretary of the Interior to convey the Carbon Hill
National Fish Hatchery to the State of Alabama; to the Committee on
Resources.
By Mr. BEVILL, [28FE]
Reported (H. Rept. 104-568), [8MY]
Rules suspended. Passed House, [14MY]
Passed Senate, [19SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-213] (signed October 1, 1006)
H.R. 2983--
A bill to amend the Internal Revenue Code of 1986 to restore the 10-
percent investment credit; to the Committee on Ways and Means.
By Mr. FOX, [28FE]
H.R. 2984--
A bill to amend the Internal Revenue Code of 1986 to extend the research
credit, to allow an alternative incremental research credit, and for
other purposes; to the Committee on Ways and Means.
By Mr. FOX (for himself, Mr. Bereuter, Mr. Dornan, and Mr. Zimmer),
[28FE]
Cosponsors added, [27JN]
H.R. 2985--
A bill to amend the Internal Revenue Code of 1986 to allow employers a
credit for a portion of the expenses of providing dependent care
services to employees, and for other purposes; to the Committees on
Ways and Means; Appropriations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FOX (for himself, Mrs. Johnson of Connecticut, Ms. Molinari,
Mr. Dornan, Ms. Jackson-Lee of Texas, Mr. Stockman, Mr. Pomeroy, and
Mrs. Kelly), [28FE]
Cosponsors added, [27JN]
H.R. 2986--
A bill to establish a criminal penalty for the production, sale,
transportation, or possession
[[Page 2874]]
of fictitious financial instruments purporting to be instruments
issued by a public or private entity, to require forfeiture of
counterfeit access devices, and for other purposes; to the
Committees on the Judiciary; Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. LEACH (for himself, Mr. Bereuter, Mr. Schumer, Mr. Bachus, Mrs.
Maloney, Mr. Royce, Mrs. Kelly, Mr. Heineman, and Mr. Watts of
Oklahoma), [28FE]
Cosponsors added, [29MR], [23MY]
H.R. 2987--
A bill to declare a portion of Queens County, NY, to be nonnavigable
waters of the United States; to the Committee on Transportation and
Infrastructure.
By Mr. MANTON, [28FE]
H.R. 2988--
A bill to amend the Clean Air Act to provide that traffic signal
synchronization projects are exempt from certain requirements of
Environmental Protection Agency rules; to the Committee on Commerce.
By Mr. McKEON, [28FE]
Reported with amendment (H. Rept. 104-807), [18SE]
Placed on the Corrections Calendar, [18SE]
Passed House amended, [24SE]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-260] (signed October 9, 1996)
H.R. 2989--
A bill to redesignate the Jemez Canyon Dam as the ``Tamaya Dam''; to the
Committee on Transportation and Infrastructure.
By Mr. SCHIFF (for himself, Mr. Richardson, and Mr. Skeen), [28FE]
H.R. 2990--
A bill to require congressional approval of proposed rules considered by
the Congress to be significant rules; to the Committees on the
Judiciary; Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SMITH of Michigan, [28FE]
H.R. 2991--
A bill to require the U.S. Sentencing Commission to amend the sentencing
guidelines to provide that a defendant convicted of a crime receive
an appropriate sentence enhancement if the defendant possessed a
firearm with a laser sighting device during the crime; to the
Committee on the Judiciary.
By Ms. DeLAURO, [29FE]
Cosponsors added, [6MR], [14MR], [25AP], [16MY]
H.R. 2992--
A bill to combat crime; to the Committees on the Judiciary; Economic and
Educational Opportunities; International Relations; Commerce;
Resources; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. DOOLITTLE (for himself, Mr. Sam Johnson, Mr. Burton of Indiana,
Mr. Dornan, Mr. Istook, Mr. Hutchinson, Mr. Bartlett of Maryland,
Mr. Hastings of Washington, Mr. Christensen, Mr. Weller, Mr.
Cunningham, Mrs. Seastrand, Mr. Stockman, Mr. Cremeans, Mr.
Rohrabacher, Mr. Frost, Mr. Crane, Mr. Herger, Mr. Saxton, Mr.
Cooley, Mr. Hancock, Mr. Ewing, Mr. Hostettler, Mr. Tiahrt, Mr.
Barr, Mr. Weldon of Florida, Mrs. Kelly, and Mr. Ensign), [29FE]
Cosponsors added, [5MR], [7MR], [12MR], [25AP], [19SE]
H.R. 2993--
A bill to establish the Forrestal Institute, and for other purposes; to
the Committee on National Security.
By Mr. HOBSON, [29FE]
H.R. 2994--
A bill to amend the Internal Revenue Code of 1986 to provide for the
extension of certain expiring provisions; to the Committee on Ways
and Means.
By Mrs. JOHNSON of Connecticut (for herself and Mr. Matsui), [29FE]
Cosponsors added, [5MR], [7MR], [12MR], [19MR], [22MR], [27MR],
[15AP], [25AP], [30AP], [7MY], [14MY], [4JN], [5SE], [30SE]
H.R. 2995--
A bill to provide that service of the members of the group known as the
United States Cadet Nurse Corps during World War II constituted
active military service for the purposes of any law administered by
the Department of Veterans' Affairs; to the Committees on Veterans'
Affairs; National Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. LOWEY, [29FE]
Cosponsors added, [30MY], [25SE]
H.R. 2996--
A bill to create a commission to encourage cooperation between public
sector law enforcement agencies and private sector security
professionals to control crime; to the Committee on the Judiciary.
By Mr. McCOLLUM, [29FE]
Cosponsors added, [17AP], [22AP]
H.R. 2997--
A bill to establish certain criteria for administrative procedures to
extend Federal recognition to certain Indian groups, and for other
purposes; to the Committee on Resources.
By Mr. METCALF, [29FE]
Cosponsors added, [13JN]
H.R. 2998--
A bill to amend the Internal Revenue Code of 1986 to allow a credit for
increases in the worker retraining expenditures of employers; to the
Committee on Ways and Means.
By Mr. TORRICELLI, [29FE]
H.R. 2999--
A bill to amend the Internal Revenue Code of 1986 to exclude certain
severance payment amounts from income; to the Committee on Ways and
Means.
By Mr. TORRICELLI, [29FE]
Cosponsors added, [27SE]
H.R. 3000--
A bill to amend title 23, United States Code, to improve safety at
public railway-highway crossings, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. VISCLOSKY (for himself, Mr. Hostettler, Mr. Burton of Indiana,
Mr. Buyer, Mr. Hamilton, Mr. Jacobs, Mr. McIntosh, Mr. Myers of
Indiana, Mr. Roemer, and Mr. Souder), [29FE]
Cosponsors added, [20MY], [9JY], [12JY], [23JY], [25JY], [30JY],
[1AU], [5SE]
H.R. 3001--
A bill to amend the Public Health Service Act to provide for expanding,
intensifying, and coordinating activities of the National Heart,
Lung, and Blood Institute with respect to heart attack, stroke, and
other cardiovascular diseases in women; to the Committee on
Commerce.
By Ms. WATERS (for herself, Mr. Frazer, Mr. Payne of New Jersey, Mr.
McDermott, Ms. Norton, Mr. Fazio of California, Mr. Conyers, Mr.
Dellums, Mr. Gene Green of Texas, Mr. Sanders, Ms. Jackson-Lee, Mrs.
Meek of Florida, Ms. Lofgren, Ms. Pelosi, Mrs. Maloney, Mr. Romero-
Barcelo, Mr. Pastor, Mr. Frost, Mrs. Clayton, Mr. Filner, Mrs.
Morella, Mr. Clyburn, Ms. Brown of Florida, Ms. Roybal-Allard, Ms.
Eddie Bernice Johnson of Texas, Ms. McKinney, Ms. Velazquez and, Mr.
Farr), [29FE]
Cosponsors added, [21MY], [30SE]
H.R. 3002--
A bill to amend the Higher Education Act of 1965 to exempt certain small
lenders from the audit requirements of the guaranteed student loan
program; to the Committee on Economic and Educational Opportunities.
By Mr. EWING (for himself and Mr. Lewis of Kentucky), [4MR]
Cosponsors added, [7MR], [12MR], [13MR], [14MR], [20MR], [21MR],
[26MR], [27MR], [15AP], [22AP], [25AP], [8MY], [23MY], [18JN],
[10SE], [11SE]
H.R. 3003--
A bill to establish requirements applicable to rent-to-own transactions;
to the Committee on Banking and Financial Services.
By Mr. GONZALEZ, [5MR]
Cosponsors added, [13MR], [25AP], [21MY], [30SE]
H.R. 3004--
A bill to amend title XVIII of the Social Security Act to extend the
maximum period permitted between standard surveys of home health
agencies and to expand the scope of deemed status and permit
recognition of surveys by national accreditation bodies for
providers under the Medicare Program; to the Committees on Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. LINCOLN (for herself, Mr. Tauzin, Mr. Poshard, Mr. Hutchinson,
and Mr. Minge), [5MR]
Cosponsors added, [7MR], [14MR], [20MR], [27MR], [29MR], [17AP],
[24AP]
H.R. 3005--
A bill to amend the Federal securities laws in order to promote
efficiency and capital formation in the financial markets, and to
amend the Investment Company Act of 1940 to promote more efficient
management of mutual funds, protect investors, and provide more
effective and less burdensome regulations; to the Committee on
Commerce.
By Mr. FIELDS of Texas, [5MR]
Reported with amendment (H. Rept. 104-622), [17JN]
Considered under suspension of the rules, [18JN]
Rules suspended. Passed House amended, [19JN]
Passed Senate amended, [27JN]
Senate insisted on its amendment and asked for a conference, [27JN]
Conferees appointed, [27JN], [24JY]
House disagreed to Senate amendment and agreed to a conference, [24JY]
Conference report (H. Rept. 104-864) submitted in the House, [28SE]
Rules suspended. House agreed to conference report, [28SE]
Senate agreed to conference report, [1OC]
Presented to the President (October 3, 1996)
Approved [Public Law 104-290] (signed October 11, 1996)
H.R. 3006--
A bill to provide for disposal of public lands in support of the
Manzanar Historic Site in the State of California, and for other
purposes; to the Committee on Resources.
by Mr. LEWIS of California, [5MR]
Cosponsors added, [7MR], [17JY], [24JY]
Reported with amendments (H. Rept. 104-709), [26JY]
Passed House amended, [31JY]
H.R. 3007--
A bill to establish an interagency task force to design and implement a
plan for determining the extent to which U.S. currency is held in
foreign countries and estimating the extent to which such currency
is being counterfeited outside the United States, and for other
purposes; to the Committees on Banking and Financial Services; the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. BACHUS (for himself, Mr. Leach, and Mr. Spratt), [5MR]
H.R. 3008--
A bill to amend the Helium Act to authorize the Secretary to enter into
agreements with private parties for the recovery and disposal of
helium on Federal lands, and for other purposes; to the Committee on
Resources.
By Mr. COX (for himself, Mr. Young of Alaska, Mr. Calvert, and Mrs.
Vucanovich), [5MR]
Cosponsors added, [30AP]
Rules suspended. Passed House, [30AP]
H.R. 3009--
A bill to amend the Civil Rights Commission Act of 1983 with respect to
the subpoena power of the Commission; to the Committee on the
Judiciary.
By Mr. FOLEY, [5MR]
H.R. 3010--
A bill to assure that advertisements by States for participation in
their lotteries provide information to the consumer on the
statistical probability of winning and for other purposes; to the
Committee on Commerce.
By Mr. PETE GEREN of Texas, [5MR]
Cosponsors added, [19MR], [22MR]
H.R. 3011--
A bill to amend title 18, United States Code, to affirm the rights of
U.S. persons to use and sell encryption and to relax export controls
[[Page 2875]]
on encryption; to the Committees on the Judiciary; International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. GOODLATTE (for himself, Mr. DeLay, Mr. Boehner, Mr. Moorhead,
Mrs. Schroeder, Mr. Gejdenson, Mr. Manzullo, Mr. Coble, Mr. Barr of
Georgia, Mr. Bono, Ms. Lofgren, Mr. Campbell, Ms. Eshoo, Mr.
Doolittle, Mr. Farr of California, Mr. McKeon, Mr. Engel, Mrs.
Waldholtz, Mr. Ewing, Mr. Mica, Mr. Chambliss, Mr. Everett, Mr.
Ehlers, Mr. Orton, Mr. Matsui, Mr. Boucher, Mr. Chabot, Mr. Moakley,
and Mr. Bartlett of Maryland), [5MR]
Cosponsors added, [12MR], [28MR], [7MY], [26JN], [28SE]
H.R. 3012--
A bill to amend title 10, United States Code, to permit covered
beneficiaries under the military health care system who are also
entitled to Medicare to enroll in the Federal Employees Health
Program; to the Committees on National Security; Government Reform
and Oversight, for a period to be subsequently determined by the
Speaker, in each case of consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. MORAN (for himself, Mr. Saxton, Mr. Davis, Mr. Frost, Mr.
Pastor, Mr. Deutsch, Mr. Farr of California, Mr. Coleman, Mr.
Hastings of Florida, Ms. Norton, Mr. Filner, Mr. Bilbray, Mr. Gene
Green of Texas, Ms. Lofgren, and Mr. Norwood), [5MR]
Cosponsors added, [12MR], [20MR], [27MR], [18AP], [8MY], [15MY],
[21MY], [5JN], [18JN], [16JY], [2AU], [4SE], [20SE], [26SE], [27JN]
H.R. 3013--
A bill to increase the availability and continuity of health coverage
for individuals, small employers, and other groups, to reduce
paperwork and simplify administration of health care claims, and for
other purposes; to the Committees on Commerce; Economic and
Educational Opportunities; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. NEY, [5MR]
H.R. 3014--
A bill to amend title 46, United States Code, to ensure the safety of
barges carrying oil or hazardous material in bulk on lakes, bays, or
sounds of the United States, by establishing equipment and manning
requirements for those barges; to the Committee on Transportation
and Infrastructure.
By Mr. REED (for himself, Mr. Kennedy of Rhode Island, and Mr.
Gejdenson), [5MR]
H.R. 3015--
A bill to amend the Public Health Service Act to establish a program for
postreproductive health care; to the Committee on Commerce.
By Mrs. SCHROEDER (for herself, Ms. Waters, Ms. Jackson-Lee of Texas,
and Ms. Norton), [5MR]
H.R. 3016--
A bill to require the Secretary of the Treasury and the Attorney General
of the United States to be consulted before the manufacture,
importation, sale, or delivery of armor piercing ammunition for the
use of a governmental entity; to the Committee on the Judiciary.
By Mr. YATES, [5MR]
H.R. 3017--
A bill to amend title 18, United States Code, to prohibit the possession
or transfer of handgun ammunition capable of being used to penetrate
standard body armor; to the Committee on the Judiciary.
By Mr. YATES, [5MR]
H.R. 3018--
A bill to prohibit the importation, manufacture, sale, purchase,
transfer, receipt, or transportation of handguns in any manner
affecting interstate or foreign commerce, except for or by members
of the Armed Forces, law enforcement officials, and, as authorized
by the Secretary of the Treasury, licensed importers, manufacturers,
and dealers, and pistol clubs; to the Committee on the Judiciary.
By Mr. YATES, [5MR]
H.R. 3019--
A bill making appropriations for fiscal year 1996 to make a further
downpayment toward a balanced budget, and for other purposes; to the
Committees on Appropriations; the Budget, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. LIVINGSTON, [5MR]
Passed House amended, [7MR]
Passed Senate amended, [19MR]
Senate insisted on its amendment and asked for a conference, [19MR]
House disagreed to Senate amendment and agreed to a conference, [21MR]
Conferees appointed, [21MR]
Change of conferees, [23AP]
Conference report (H. Rept. 104-537) submitted in the House, [25AP]
House agreed to conference report, [25AP]
Senate agreed to conference report, [25AP]
Presented to the President (April 25, 1996)
Approved [Public Law 104-134] (signed April 26, 1996)
H.R. 3020--
A bill to exclude voyages to or from Puerto Rico from laws applicable to
coastwise trade; to the Committee on National Security.
By Mr. GUTIERREZ (for himself, Ms. Velazquez, and Mr. Serrano), [6MR]
H.R. 3021--
A bill to guarantee the continuing full investment of Social Security
and other Federal funds in obligations of the United States; to the
Committee on Ways and Means.
By Mr. ARCHER, [6MR]
Passed House amended, [7MR]
Passed Senate, [7MR]
Presented to the President (March 8, 1996)
Approved [Public Law 104-115] (signed March 12, 1996)
H.R. 3022--
A bill to amend the Public Health Service Act to establish a program
regarding training in lifesaving first aid, including training in
the use of automated external defibrillators to assist individuals
experiencing cardiac arrest; to the Committee on Commerce.
By Mr. STUDDS (for himself, Mr. McDermott, Mr. Engel, Mr. Waxman, Mr.
Beilenson, Mr. Frost, Mr. Evans, Mrs. Collins of Illinois, Mr.
Rangel, Mr. Dellums, Mr. Gutierrez, Mr. Moran, and Mr. Lipinski),
[6MR]
Cosponsors added, [29MR], [29MY], [31JY], [25SE]
H.R. 3023--
A bill to require the imposition of certain trade sanctions on countries
which threaten the national security of the United States and the
health and safety of U.S. citizens by failing to take effective
action against the production of and trafficking in illicit
narcotic, and psychotropic substances, and for other purposes; to
the Committees on Ways and Means; Transportation and Infrastructure,
and Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SHAW (for himself, Mr. Gilman, Mr. Hamilton, and Mr. Souder),
[6MR]
Cosponsors added, [7MR], [19MR]
H.R. 3024--
A bill to provide a process leading to full self-government for Puerto
Rico; to the Committees on Resources; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. YOUNG of Alaska (for himself, Mr. Gallegly, Mr. Gingrich, Mr.
Serrano, Mr. Kennedy of Rhode Island, Mr. Rahall, Mr. Romero-
Barcelo, Mr. Gilman, Mr. Burton of Indiana, Mr. Underwood, Mr.
Calvert, Mr. Longley, Mr. Gene Green of Texas, Mr. Deutsch, and Mr.
Klink), [6MR]
Cosponsors added, [17AP], [22JY]
Cosponsors removed, [25AP], [22MY], [23MY]
Reported with amendment (H. Rept. 104-713, part 1), [26JY]
Referral to the Committee on Rules extended, [26JY]
Reported amended from the Committee on Rules (H. Rept. 104-713, part
2), [18SE]
H.R. 3025--
A bill to suspend until January 1, 1999, the duty on 2,2-
Dichlorophenylacetic Acid Ethel Ester [DCPAE]; to the Committee on
Ways and Means.
By Mr. BAKER of Louisiana, [6MR]
H.R. 3026--
A bill to amend section 372 of title 28, United States Code, to provide
that proceedings on complaints filed with respect to conduct of a
judge or magistrate judge of a court be held by a circuit other than
the circuit within which the judge serves, and for other purposes;
to the Committee on the Judiciary.
By Mr. BRYANT of Tennessee (for himself, Mr. Barr, Mr. Bono, Mr.
Duncan, Mr. Gekas, Mr. Goodlatte, Mr. Heineman, Mr. Hostettler, Mr.
McCollum, Mr. Schumer, Mr. Sensenbrenner, and Mr. Smith of Texas),
[6MR]
H.R. 3027--
A bill to amend title 18, United States Code, and the Controlled
Substances Act, with respect to the payment of the costs of court-
appointed attorneys in certain criminal cases; to the Committees on
the Judiciary; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. BRYANT of Tennessee (for himself, Mr. Barr, Mr. Duncan, Mr.
Gekas, Mr. Goodlatte, Mr. Heineman, Mr. Hostettler, Mr. McCollum,
Mr. Sensenbrenner, and Mr. Smith of Texas), [6MR]
H.R. 3028--
A bill to secure the voting rights of former felons who have been
released from incarceration; to the Committee on the Judiciary.
By Mr. CONYERS, [6MR]
H.R. 3029--
A bill to designate the United States courthouse in Washington, District
of Columbia, as the ``E. Barrett Prettyman United States
Courthouse''; to the Committee on Transportation and Infrastructure.
By Mr. DAVIS (for himself and Ms. Norton), [6MR]
Reported (H. Rept. 104-588), [21MY]
Rules suspended. Passed House, [10JN]
Passed Senate, [18JN]
Presented to the President (June 20, 1996)
Approved [Public Law 104-151] (signed July 1, 1996)
H.R. 3030--
A bill to establish a minimum amount that may be applied as an aggregate
lifetime limit with respect to coverage under an employee health
benefits plan or a group health plan; to the Committees on Economic
and Educational Opportunities; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. ESHOO, [6MR]
Cosponsors added, [29MR], [15MY], [18JN], [17SE]
H.R. 3031--
A bill to amend the act of October 15, 1966 (80 Stat. 915), as amended,
establishing a program for the preservation of additional historic
property throughout the Nation, and for other purposes; to the
Committee on Resources.
By Mr. HANSEN, [6MR]
H.R. 3032--
A bill to assist State and local governments in recovering from recent
disasters; to the Committee on Banking and Financial Services.
By Mr. KANJORSKI (for himself, Mr. McDade, Mr. Murtha, Mr. Coyne, Mr.
Gekas, Mr. Holden, Mr. McHale, Mr. Greenwood, Mr. Mascara, and Mr.
Doyle), [6MR]
Cosponsors added, [12MR], [25MR]
H.R. 3033--
A bill to control the transfer within the United States of infectious
agents which have the potential to pose a severe threat to the
public health and safety, and for other purposes; to the Committee
on Commerce.
By Mr. MARKEY (for himself, Mr. Kasich, Mr. Kennedy of Massachusetts,
Mr. Frost, and Mr. Johnston of Florida), [6MR]
H.R. 3034--
A bill to amend the Indian Self-Determination and Education Assistance
Act to extend for 2
[[Page 2876]]
months the authority for promulgating regulations under the act; to
the Committee on Resources.
By Mr. MILLER of California, [6MR]
Committee discharged. Passed House, [16AP]
Passed Senate, [18AP]
Presented to the President (April 22, 1996)
Approved [Public Law 104-133] (signed April 25, 1996)
H.R. 3035--
A bill to provide for a special application of section 1034 of the
Internal Revenue Code of 1986; to the Committee on Ways and Means.
By Mrs. MINK of Hawaii, [6MR]
H.R. 3036--
A bill to amend title 38, United States Code, to require that the
offices for management, policy, and other functions associated with
the educational assistance programs of the Education Service of the
Department of Veterans Affairs be in the District of Columbia; to
the Committee on Veterans' Affairs.
By Mr. MONTGOMERY (for himself, Mr. Stump, Mr. Buyer, and Ms. Waters),
[6MR]
H.R. 3037--
A bill to amend title 49, United States Code, to provide funding for the
essential air service program, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. POMEROY, [6MR]
Cosponsors added, [11JN], [19JN], [16JY], [26SE], [10JY]
H.R. 3038--
A bill to reauthorize and amend title XIV of the Public Health Service
Act (commonly known as the ``Safe Drinking Water Act''), and for
other purposes; to the Committees on Commerce; Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. POMEROY, [6MR]
Cosponsors added, [8MY], [15MY], [29MY], [11JN]
H.R. 3039--
A bill to promote freedom, fairness, and economic opportunity for
families by repealing the income tax, abolishing the Internal
Revenue Service and enacting a national retail sales tax to be
administered primarily by the States; to the Committee on Ways and
Means.
By Mr. SCHAEFER (for himself, Mr. Tauzin, Mr. Chrysler, Mr. Bono, Mr.
Hefley, Mr. Linder, and Mr. Stump), [6MR]
Cosponsors added, [17AP]
H.R. 3040--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Two Can; to the
Committee on Transportation and Infrastructure.
By Mr. PETERSON of Florida, [6MR]
H.R. 3041--
A bill to supplement the Small Reclamation Projects Act of 1956 and to
supplement the Federal Reclamation Laws by providing for Federal
cooperation in nonfederal projects and for participation by
nonfederal agencies in Federal projects; to the Committee on
Resources.
By Mr. CALVERT, [7MR]
H.R. 3042--
A bill to amend the Internal Revenue Code of 1986 to allow individuals
an exclusion from gross income for certain amounts of unearned
income; to the Committee on Ways and Means.
By Mr. FIELDS of Louisiana, [7MR]
Cosponsors added, [7MY]
H.R. 3043--
A bill to amend the Internal Revenue Code of 1986 to promote the
continuity and portability of health insurance coverage by
restricting discrimination based on health status, limiting use of
preexisting condition exclusions, and making COBRA continuation
coverage more affordable; to the Committee on Ways and Means.
By Mrs. JOHNSON of Connecticut, [7MR]
Cosponsors added, [12MR], [19MR], [22MR], [25AP]
H.R. 3044--
A bill to amend the Small Business Act to provide disaster assistance
loans for small businesses that operate within a unit of the
National Park System or the National Wildlife Refuge System, and
have suffered substantial economic injury as a result of a partial
shutdown of the Federal Government during the period beginning
December 15, 1995, and ending January 5, 1996; to the Committee on
Small Business.
By Mr. GOSS, [7MR]
H.R. 3045--
A bill to amend chapter 3 of title 28, United States Code, to provide
for the appointment in each Federal judicial circuit court of
appeals, of at least one resident of each State in such circuit, and
for other purposes; to the Committee on the Judiciary.
By Mr. ABERCROMBIE (for himself and Mrs. Mink of Hawaii), [7MR]
Cosponsors added, [27MR]
H.R. 3046--
A bill to provide for one additional Federal judge for the middle
district of Louisiana; to the Committee on the Judiciary.
By Mr. BAKER of Louisiana, [7MR]
H.R. 3047--
A bill to amend the Internal Revenue Code of 1986 to permit individual
retirement accounts and certain individually directed accounts to
acquire gold, silver, platinum, or palladium bullion without
treating the acquisition as a distribution; to the Committee on Ways
and Means.
By Mr. ENSIGN (for himself and Mrs. Vucanovich), [7MR]
Cosponsors added, [2MY], [13JN], [31JY]
H.R. 3048--
A bill to authorize small entities to seek judicial review of agency
certifications of the economic impacts of rules on small entities,
and for other purposes; to the Committees on the Judiciary; Small
Business, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. EWING, [7MR]
Cosponsors added, [14MR], [20MR], [21MR], [27MR]
H.R. 3049--
A bill to amend section 1505 of the Higher Education Act of 1965 to
provide for the continuity of the Board of Trustees of the Institute
of American Indian and Alaska Native Culture and Arts Development;
to the Committee on Economic and Educational Opportunities.
By Mr. GOODLING (for himself and Mr. Kildee), [7MR]
Reported (H. Rept. 104-505), [28MR]
Placed on the Corrections Calendar, [16AP]
Passed House amended, [23AP]
Referred to the Committee on Labor and Human Resources, [24AP]
H.R. 3050--
A bill to prohibit imports into the United States of meat products from
the European Union until certain unfair trade barriers are removed,
and for other purposes; to the Committee on Ways and Means.
By Mr. JOHNSON of South Dakota (for himself, Mr. Pomeroy, and Mr.
Allard), [7MR]
Cosponsors added, [12MR], [20MR], [27MR], [29MR], [15AP], [18AP]
H.R. 3051--
A bill to amend title 18, United States Code, to further restrict
certain activities relating to biological weapons, and for other
purposes; to the Committee on the Judiciary.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Kasich, and Mr.
Markey), [7MR]
H.R. 3052--
A bill to amend title XVIII of the Social Security Act to provide annual
screening mammography and waive deductibles and coinsurance for
screening mammography under the Medicare Program; to the Committees
on Commerce; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. KENNELLY, [7MR]
Cosponsors added, [29MR], [24AP], [23MY], [18SE]
H.R. 3053--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
a voluntary system of spending limits and benefits for congressional
election campaigns, and for other purposes; to the Committees on
House Oversight; Commerce, the Judiciary; Ways and Means; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. MARKEY, [7MR]
Cosponsors added, [25AP]
H.R. 3054--
A bill to amend the Fair Labor Standards Act of 1938 to permit State and
local government workers to perform volunteer services for their
employer or community organization or purpose without requiring the
employer to pay them compensation; to the Committee on Economic and
Educational Opportunities.
By Mrs. MYRICK, [7MR]
H.R. 3055--
A bill to amend section 326 of the Higher Education Act of 1965 to
permit continued participation by historically black graduate
professional schools in the grant program authorized by that
section; to the Committee on Economic and Educational Opportunities.
By Mr. NORWOOD (for himself, Mr. Goodling, and Mr. Clay), [7MR]
Reported (H. Rept. 104-504), [28MR]
Placed on the Corrections Calendar, [16AP]
Passed House, [23AP]
Passed Senate, [24AP]
Presented to the President (April 25, 1996)
Approved [Public Law 104-141] (signed May 6, 1996)
H.R. 3056--
A bill to permit a county-operated health insuring organization to
qualify as an organization exempt from certain requirements
otherwise applicable to health insuring organizations under the
Medicaid Program notwithstanding that the organization enrolls
Medicaid beneficiaries residing in another county; to the Committee
on Commerce.
By Mr. RIGGS, [7MR]
Reported (H. Rept. 104-751), [2AU]
Placed on Corrections Calendar, [4SE]
Passed House, [10SE]
Passed Senate, [25SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-240] (signed October 8, 1996)
H.R. 3057--
A bill to amend title 18, United States Code, to eliminate the
prohibitions on the transmission of abortion related matters, and
for other purposes; to the Committee on the Judiciary.
By Mrs. SCHROEDER (for herself, Mrs. Meyers of Kansas, Mr. Waxman, Mr.
Stark, Mr. Matsui, Mr. Conyers, Mr. Ackerman, Mr. Fattah, Mr. Frank
of Massachusetts, Ms. Norton, Ms. Lofgren, Ms. Velazquez, Mr.
Wilson, Ms. Jackson-Lee, Mrs. Maloney, Mr. McDermott, Mr.
Torkildsen, Mr. Thompson, Ms. Woolsey, Mr. Fazio of California, Mr.
Olver, Mrs. Morella, Mr. Berman, Mrs. Mink of Hawaii, Mr. Hinchey,
Mr. Zimmer, Mr. Abercrombie, Mr. DeFazio, Mr. Farr, Mr. Skaggs, Mr.
Boucher, Mr. Baldacci, Mr. Meehan, Mrs. Lowey, Mr. Yates, Mr.
Greenwood, Ms. Pelosi, Mr. Hastings of Florida, Ms. Brown of
Florida, Mr. Coleman, Ms. Rivers, Mr. Bentsen, Mr. Dellums, Mr.
Filner, Mr. Bryant of Texas, Mr. Gejdenson, Mrs. Roukema, Mr. Miller
of California, Mr. Sanders, and Mr. Watt of North Carolina), [7MR]
Cosponsors added, [18JY], [26SE]
H.R. 3058--
A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act
to extend the period for receipt of absentee ballots, and for other
purposes; to the Committee on House Oversight.
By Mr. THOMAS (for himself and Mr. Fazio of California), [8MR]
Rules suspended. Passed House amended, [14MY]
H.R. 3059--
A bill to direct the Secretary of Health and Human Services to prepare
and publish annually a consumer guide to prescription drug prices;
to the Committee on Commerce.
By Mr. DURBIN, [8MR]
Cosponsors added, [27MR], [15AP], [16AP], [18AP], [23AP], [1MY],
[7MY], [22MY], [18SE]
H.R. 3060--
A bill to implement the Protocol on Environmental Protection to the
Antarctic Treaty; to the Committees on Science; International
Relations; Resources, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
[[Page 2877]]
By Mr. WALKER (for himself, Mr. Brown of California, Mrs. Morella, Mr.
Schiff, Mr. Rohrabacher, Mr. Cramer, Mr. Davis, Mr. Ehlers, Mr.
Boehlert, Mr. Weldon of Pennsylvania, Mrs. Seastrand, Mr. Hastings
of Florida, Ms. Lofgren, Mr. McHale, Ms. Eddie Bernice Johnson of
Texas, Mr. Minge, Mr. Olver, Ms. Rivers, Ms. Jackson-Lee, and Mr.
Baker of California), [12MR]
Cosponsors added, [14MR], [25MR], [17AP], [18AP], [15MY]
Reported (H. Rept. 104-593, part 1), [23MY]
Referral to the Committees on International Relations; Resources
extended, [23MY]
Committees discharged, [23MY]
Rules suspended. Passed House, [10JN]
Passed Senate amended (text of S. 1645 inserted in lieu), [4SE]
Rules suspended. House agreed to Senate amendment, [10SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-227] (signed October 2, 1996)
H.R. 3061--
A bill to resolve certain conveyances under the Alaska Native Claims
Settlement Act related to Cape Fox Corp., and for other purposes; to
the Committee on Resources.
By Mr. YOUNG of Alaska, [12MR]
H.R. 3062--
A bill to authorize the States to assist the Attorney General in
performing functions under the Immigration and Nationality Act
relating to deportation of aliens; to the Committee on the
Judiciary.
By Mr. COX of California (for himself and Mr. Duncan), [12MR]
H.R. 3063--
A bill to amend the Internal Revenue Code of 1986 to improve portability
and continuity of health insurance coverage in the group and
individual markets, to combat waste, fraud, and abuse in health
insurance and health care delivery, to promote the use of medical
savings accounts, and to simplify the administration of health
insurance; to the Committees on Ways and Means; Economic and
Educational Opportunities; Commerce; the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. ARCHER (for himself and Mr. Thomas), [12MR]
H.R. 3064--
A bill to increase the overall economy and efficiency of Government
operations and enable more efficient use of Federal funding, by
coordinating Federal financial assistance programs and promoting
local flexibility; to the Committee on Government Reform and
Oversight.
By Mr. HOYER, [12MR]
H.R. 3065--
A bill to amend the Federal Food, Drug, and Cosmetic Act to revise the
review of radiopharmaceuticals under section 505 of such act; to the
Committee on Commerce.
By Mr. COBURN (for himself, Mr. Burr, Mr. Stupak, and Mrs. Lincoln),
[12MR]
Cosponsors added, [13MR], [22MR], [15AP], [16MY]
H.R. 3066--
A bill to amend the Native American Programs Act of 1974 to authorize
appropriations for fiscal years 1997, 1998, 1999, 2000, and 2001;
and for other purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. CUNNINGHAM, [12MR]
H.R. 3067--
A bill to control access to precursor chemicals used to manufacture
methamphetamine and other illicit narcotics, and for other purposes;
to the Committees on Commerce; the Judiciary; International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FAZIO of California (for himself and Mr. Riggs), [12MR]
Cosponsors added, [19MR], [20MR], [25MR], [28MR], [29MR], [15AP],
[17AP], [23AP], [25AP], [1MY], [7MY], [8MY], [16MY], [24JN], [18JY],
[4SE]
H.R. 3068--
A bill to accept the request of the Prairie Island Indian Community to
revoke their charter of incorporation issued under the Indian
Reorganization Act; to the Committee on Resources.
By Mr. GUTKNECHT, [12MR]
Reported (H. Rept. 104-584), [20MY]
Passed House, [22MY]
Passed Senate amended, [19SE]
Rules suspended. House agreed to Senate amendment, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-261] (signed October 9, 1996)
H.R. 3069--
A bill to authorize the Secretary of the Interior to provide assistance
to the Casa Malpais National Historic Landmark in Springerville, AZ;
to the Committee on Resources.
By Mr. HAYWORTH, [12MR]
H.R. 3070--
A bill to improve portability and continuity of health insurance
coverage in the group and individual markets, to combat waste,
fraud, and abuse in health insurance and health care delivery, and
to simplify the administration of health insurance; to the
Committees on Commerce; Ways and Means; the Judiciary; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BILIRAKIS (for himself and Mr. Bliley), [12MR]
Cosponsors added, [21MR]
Reported with amendment (H. Rept. 104-497, part 1), [25MR]
Referral to the Committees on Economic and Educational Opportunities;
the Judiciary; Ways and Means extended, [25MR]
Committees discharged, [29MR]
H.R. 3071--
A bill to combat terrorism; to the Committee on the Judiciary.
By Mr. NADLER, [12MR]
H.R. 3072--
A bill to direct the Secretary of the Army to convey to the village of
Mariemont, OH, a parcel of land that is under the jurisdiction of
the Corps of Engineers, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. PORTMAN, [12MR]
H.R. 3073--
A bill to amend the Communications Act of 1934 in order to allow the
continued operation of certain overlapping stations; to the
Committee on Commerce.
By Mrs. ROUKEMA (for herself and Mr. Torricelli), [12MR]
H.R. 3074--
A bill to amend the United States-Israel Free Trade Area Implementation
Act of 1985 to provide the President with additional proclamation
authority with respect to articles of the West Bank or Gaza Strip or
a qualifying industrial zone; to the Committee on Ways and Means.
By Mr. CRANE (for himself, Mr. Shaw, and Mr. Rangel), [13MR]
Reported (H. Rept. 104-495), [25MR]
Rules suspended. Passed House, [16AP]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-234] (signed October 2, 1996)
H.R. 3075--
A bill authorizing participation by the United States in the North
American Free-Trade Agreement Coordinating Secretariat; to the
Committee on Ways and Means.
By Mr. CRANE, [13MR]
H.R. 3076--
A bill to amend the Congressional Budget Act of 1974 and chapter 11 of
title 31, United States Code, to require that reports accompanying
concurrent resolutions on the budget include analyses, prepared
after consultation with the Congressional Budget Office, of
generational accounting information and that the Presidents' annual
budget submissions include generational accounting information; to
the Committees on the Budget; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. SMITH of Texas (for himself, Mr. Kasich, Mr. Miller of Florida,
Mr. Largent, Mr. Bass, Mrs. Myrick, Ms. Molinari, Mr. Hoke, Mr.
Herger, Mr. Radanovich, Mr. Kolbe, Mr. Brownback, Mr. Shays, Mr.
Inglis of South Carolina, Mr. Allard, Mr. Lazio of New York, Mr.
Smith of Michigan, and Mr. Condit), [13MR]
Cosponsors added, [10MY]
H.R. 3077--
A bill to establish a Commission on Retirement Income Policy; to the
Committee on Economic and Educational Opportunities.
By Mr. POMEROY (for himself and Mrs. Johnson of Connecticut), [13MR]
Cosponsors added, [1MY], [20JN], [9JY], [11JY], [12JY], [16JY],
[23JY], [4SE], [11SE], [26SE], [27SE], [6JN], [27JN], [6JN], [27JN]
H.R. 3078--
A bill to amend title 31, United States Code, to prohibit the use of
appropriated funds by Federal agencies for lobbying activities; to
the Committee on Government Reform and Oversight.
By Mr. CLINGER (for himself, Mr. Tauzin, Mr. Gilman, Mr. Shuster, Mr.
Young of Alaska, Mr. Goodling, Mr. Livingston, Mr. Stump, Mr.
Hansen, Mr. Roberts, Mr. Wolf, Mr. Burton of Indiana, Mrs.
Vucanovich, Mr. Barton of Texas, Mr. Myers of Indiana, Mr. Bunning
of Kentucky, Mr. Hastert, Mr. Hefley, Mr. Shays, Mr. Smith of Texas,
Mr. Parker, Mr. Cunningham, Mr. Ewing, Mr. Zeliff, Mr. Bachus, Mr.
Calvert, Mr. Hoekstra, Mr. Horn, Mr. Hutchinson, Mr. Lazio of New
York, Mr. Mica, Mr. Smith of Michigan, Mr. Talent, Mr. Bass, Mr.
Cooley, Mr. Davis, Mr. Ehrlich, Mr. Fox, Mr. Gutknecht, Mr.
Hayworth, Mr. Hostettler, Mr. LaTourette, Mr. McIntosh, Mr.
Scarborough, Mr. Shadegg, Mrs. Seastrand, Mr. Souder, Mr. Stockman,
Mr. Tiahrt, Mr. Hobson, Mr. Bliley, and Mr. Nethercutt), [13MR]
Cosponsors added, [18AP], [4JN], [3OC]
H.R. 3079--
A bill to amend title XVIII of the Social Security Act to assure access
to services under the Medicare Health Maintenance Organization
Program; to the Committees on Ways and Means; Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. COBURN (for himself and Mr. Brown of Ohio), [13MR]
Cosponsors added, [29MR], [25AP], [7MY], [9MY], [30MY], [25JY], [1AU],
[6JN]
H.R. 3080--
A bill to amend title 18, United States Code, to impose stiffer
penalties on persons convicted of lesser drug offenses; to the
Committee on the Judiciary.
By Mr. GOODLING, [13MR]
H.R. 3081--
A bill to amend title III of the Public Health Service Act to
consolidate and reauthorize provisions relating to health centers,
and for other purposes; to the Committee on Commerce.
By Mr. RICHARDSON, [13MR]
Cosponsors added, [29MR], [18AP], [30AP], [25SE]
H.R. 3082--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Magic Moments; to
the Committee on Transportation and Infrastructure.
By Mr. CASTLE, [13MR]
H.R. 3083--
A bill to direct a property conveyance in the State of California; to
the Committee on Commerce.
By Mr. BILBRAY (for himself, Mr. Moorhead, Mr. Packard, Mr. Hunter,
Mr. Cunningham, Mr. Thomas, Mr. Young of Alaska, Mr. Schaefer, and
Mr. Barton of Texas), [14MR]
Cosponsors added, [25AP], [1MY], [2MY], [7MY], [8MY], [15MY], [16MY],
[23MY], [29MY], [4JN], [5JN], [10JN], [16JY], [6JN], [27JN], [6JN],
[27JN]
H.R. 3084--
A bill to provide for the furnishing of medical care and disability
benefits for former civilian prisoners of war; to the Committees on
Economic and Educational Opportunities; Veterans' Affairs, for a
period to be subsequently determined by the Speaker, in each case
for consideration of
[[Page 2878]]
such provisions as fall within the jurisdiction of the committee
concerned.
By Mr. GENE GREEN of Texas, [14MR]
Cosponsors added, [16AP], [14MY], [19JN], [26SE]
H.R. 3085--
A bill to control crime by increasing penalties for armed violent
criminals and drug dealers; to the Committee on the Judiciary.
By Mr. CHRISTENSEN (for himself, Mr. Ensign, Mr. Chrysler, Mr. English
of Pennsylvania, Mrs. Seastrand, and Mr. Sam Johnson), [14MR]
Cosponsors added, [15AP]
H.R. 3086--
A bill to permit the Secretary of the Treasury to designate qualified
delivery services, in addition to the U.S. Postal Service, for
purposes of timely filing of tax documents with the Internal Revenue
Service; to the Committee on Ways and Means.
By Mr. COX (for himself, Mrs. Johnson of Connecticut, Mr. Herger, Ms.
Lofgren, Mr. Traficant, Mr. Bryant of Tennessee, Mr. Rohrabacher,
Mr. Crane, Mr. Radanovich, Mr. Hostettler, Mr. Goss, Mr. Smith of
Texas, and Mrs. Myrick), [14MR]
Cosponsors added, [19MR], [21MR], [15AP]
H.R. 3087--
A bill to amend the Fair Labor Standards Act of 1938 to provide that an
employee's regular rate for purposes of calculating overtime
compensation will not be affected by certain additional payments; to
the Committee on Economic and Educational Opportunities.
By Mr. BALLENGER (for himself, Mr. Goodling, and Mr. Fawell), [14MR]
Cosponsors added, [21MY], [10JN], [26JN]
H.R. 3088--
A bill to provide for the exchange of certain federally owned lands and
mineral interests therein, and for other purposes; to the Committees
on Resources; Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BREWSTER (for himself, Mr. Dickey, and Mr. Hutchinson), [14MR]
H.R. 3089--
A bill to amend the Communications Act of 1934 in order to provide
parents with greater control of their children's access to online
material; to the Committee on Commerce.
By Ms. ESHOO (for herself, Ms. Pelosi, Mr. Dellums, Mr. Farr, Mr.
Gejdenson, and Ms. Woolsey), [14MR]
Cosponsors added, [29MR], [30AP], [15MY], [5JN], [18JN], [2AU]
H.R. 3090--
A bill to authorize appropriations for the National Marine Sanctuaries,
and for other purposes; to the Committee on Resources.
By Mr. FARR (for himself, Mr. Studds, Mr. Abercrombie, Mr. Miller of
California, Mr. Faleomavaega, Mr. Gejdenson, Mr. Tauzin, Mr.
Gallegly, Mr. Gilchrest, Mr. Jones, Mr. Longley, Mr. Torkildsen, Ms.
Woolsey, Ms. Lofgren, Ms. Eshoo, Mr. Ortiz, Mrs. Seastrand, Mrs.
Mink of Hawaii, Mr. Riggs, Mrs. Smith of Washington, Mr. Goss, Mr.
Saxton, Mr. Deutsch, and Mr. Campbell), [14MR]
Cosponsors added, [8MY], [10MY], [15MY]
H.R. 3091--
A bill to amend the National Labor Relations Act to allow individuals
against whom injunctive relief is sought an opportunity to be heard;
to the Committee on Economic and Educational Opportunities.
By Mr. FAWELL, [14MR]
Cosponsors added, [20MR]
H.R. 3092--
A bill to amend the Internal Revenue Code of 1986 to encourage State
unemployment insurance laws to establish a system under which
workers may purchase insurance to cover the costs of health
insurance during periods of unemployment; to the Committee on Ways
and Means.
By Mr. FRANKS of Connecticut, [14MR]
H.R. 3093--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to establish a brownfield cleanup loan
program; to the Committees on Commerce; Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FRANKS of Connecticut, [14MR]
H.R. 3094--
A bill to amend the Fair Labor Standards Act of 1938 to provide for an
exemption from the overtime compensation provisions of such act for
professional employees of contractors and subcontractors of the
Federal Government; to the Committee on Economic and Educational
Opportunities.
By Mr. GRAHAM, [14MR]
H.R. 3095--
A bill to prohibit discrimination in contracting on federally funded
projects on the basis of certain labor policies of potential
contractors; to the Committee on Economic and Educational
Opportunities.
By Mr. HUTCHINSON (for himself, Mr. Paxon, Mr. Boehner, Mr. Largent,
Mr. Smith of Texas, Mr. Ballenger, Mrs. Meyers of Kansas, Mr. Sam
Johnson, Mr. McKeon, Mr. Cunningham, Mr. Graham, Mr. Souder, Mr.
Funderburk, Mr. Goss, Mr. Barrett of Nebraska, Mr. Knollenberg, Mr.
Cremeans, Mr. Calvert, Mr. Taylor of North Carolina, Mr. Doolittle,
Mr. Dornan, Mr. Christensen, Mr. Stearns, Mr. Linder, Mr. Cooley,
Mr. Hayworth, Mr. Goodlatte, Mr. Crane, and Mr. Ramstad), [14MR]
Cosponsors added, [22MR], [28MR], [2MY]
H.R. 3096--
A bill to mandate the use of instant replay in the event of conflicting
calls in a professional sports league game played in the United
States; to the Committee on Commerce.
By Mr. JACOBS (for himself and Mr. Burton of Indiana), [14MR]
H.R. 3097--
A bill to amend title 18, United States Code, to prohibit the mailing of
certain mail matter; to the Committee on the Judiciary.
By Mrs. JOHNSON of Connecticut (for herself and Mrs. Kennelly), [14MR]
H.R. 3098--
A bill to amend title II of the Social Security Act to diversify the
investments of the Social Security trust funds by providing for
investment of 40 percent of each year's surplus in such trust funds
in certain private obligations, securities, or other instruments; to
the Committee on Ways and Means.
By Ms. LOFGREN, [14MR]
H.R. 3099--
A bill to establish the Washita Battlefield National Historic Site in
the State of Oklahoma; to the Committee on Resources.
By Mr. LUCAS (for himself and Mr. Brewster), [14MR]
H.R. 3100--
A bill to limit the authority of Federal courts to fashion remedies that
require local jurisdictions to assess, levy, or collect taxes, and
for other purposes; to the Committee on the Judiciary.
By Mr. MANZULLO, [14MR]
Cosponsors added, [25AP], [17JN], [10JY]
H.R. 3101--
A bill to require health plans to provide coverage for a minimum period
of time for a mother and child following the birth of the child; to
the Committee on Commerce.
By Mr. TOWNS, [14MR]
H.R. 3102--
A bill to amend the Internal Revenue Code of 1986 with respect to
treatment of corporations, and for other purposes; to the Committees
on Ways and Means; Resources; Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. VISCLOSKY, [14MR]
Cosponsors added, [15AP], [9JY], [18JY], [24JY]
H.R. 3103--
A bill to amend the Internal Revenue Code of 1986 to improve portability
and continuity of health insurance coverage in the group and
individual markets, to combat waste, fraud, and abuse in health
insurance and health care delivery, to promote the use of medical
savings accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance, and
for other purposes; to the Committees on Ways and Means; Economic
and Educational Opportunities; Commerce; the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. ARCHER (for himself and Mr. Thomas), [18MR]
Cosponsors added, [20MR], [21MR], [22MR], [26MR]
Reported with amendment (H. Rept. 104-496, part 1), [25MR]
Referral to the Committees on Economic and Educational Opportunities;
Commerce; the Judiciary extended, [25MR]
Passed House amended, [28MR]
Passed Senate amended, [23AP]
House disagreed to Senate amendment and asked for a conference, [11JN]
Conferees appointed, [11JN]
Senate insisted on its amendment and agreed to a conference, [25JY]
Conference report (H. Rept. 104-736) submitted in the House, [31JY]
House agreed to conference report, [1AU]
Senate agreed to conference report, [2AU]
Presented to the President (August 9, 1996)
Approved [Public Law 104-191] (signed August 21, 1996)
H.R. 3104--
A bill to amend the Internal Revenue Code of 1986 to provide special
rules relating to veteran's reemployment rights under the Uniformed
Services Employment and Reemployment Rights Act of 1994; to the
Committee on Ways and Means.
By Mrs. VUCANOVICH, [18MR]
Cosponsors added, [29MR], [15AP], [25SE], [3OC]
H.R. 3105--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to exempt certain State and local
redevelopment boards or commissions, and fresh start users of
facilities purchased from those boards or commissions, from the
liability under that act; to the Committees on Commerce;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. WOLF, [18MR]
H.R. 3106--
A bill to improve rail transportation safety, and for other purposes; to
the Committee on Transportation and Infrastructure.
By Mr. WYNN, [18MR]
Cosponsors added, [26MR], [14MY], [2AU]
H.R. 3107 --
A bill to impose sanctions on persons exporting certain goods or
technology that would enhance Iran's ability to explore for,
extract, refine, or transport by pipeline petroleum resources, and
for other purposes; to the Committees on International Relations;
Banking and Financial Services; Ways and Means; Government Reform
and Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. GILMAN (for himself, Mr. Berman, Mr. Gejdenson, Mr. Burton of
Indiana, Mr. King, Mr. Shaw, and Mr. Forbes), [19MR]
Reported with amendments (H. Rept. 104-523, part 1), [17AP]
Referral to the Committees on Banking and Financial Services;
Government Reform and Oversight; Ways and Means extended, [17AP]
Cosponsors added, [22AP], [1MY], [16MY], [5JN]
Committees on Banking and Financial Services; Government Reform and
and Oversight discharged, [2MY]
Referral to the Committee on Ways and Means extended, [2MY], [10MY],
[16MY], [30MY], [7JN]
Reported with amendments (H. Rept. 104-523, part 2), [14JN]
Considered under suspension of the rules, [18JN]
Rules suspended. Passed House amended, [19JN]
Passed Senate amended, [16JY]
Senate insisted on its amendment and asked for a conference. Conferees
appointed, [16JY]
House agreed to Senate amendment, [23JY]
Presented to the President (July 24, 1996)
Approved [Public Law 104-172] (signed August 5, 1996)
Referral to the Committee on Ways and Means extended (omitted from the
Record of June 11, 1996), [12JN]
[[Page 2879]]
H.R. 3108--
A bill to permit the construction of flood control projects by non-
Federal interests; to the Committee on Transportation and
Infrastructure.
By Mr. BENTSEN (for himself and Ms. Lofgren), [19MR]
Cosponsors added, [16AP]
H.R. 3109--
A bill to amend the Export Administration Act of 1979 with respect to
exports to terrorist countries; to the Committee on International
Relations.
By Mr. GEJDENSON, [19MR]
H.R. 3110--
A bill to amend title II of the Social Security Act to provide for
disclosure by the Social Security Administration of Social Security
account numbers and other records pursuant to judgments, decrees, or
orders issued by courts of competent jurisdiction; to the Committee
on Ways and Means.
By Mr. GREENWOOD, [19MR]
H.R. 3111--
A bill to amend the Internal Revenue Code of 1986 to clarify the
treatment of frequent flyer mileage awards; to the Committee on Ways
and Means.
By Mrs. KENNELLY, [19MR]
Cosponsors added, [14MY], [23JY]
H.R. 3112--
A bill to amend the Water Resources Development Act of 1992 relating to
sediments decontamination technology; to the Committee on
Transportation and Infrastructure.
By Mr. PALLONE (for himself and Mr. Franks of New Jersey), [19MR]
H.R. 3113--
A bill to amend the Water Resources Development Act of 1986 relating to
cost sharing for creation of dredged material disposal areas, and
for other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. PALLONE (for himself and Mr. Franks of New Jersey), [19MR]
H.R. 3114--
A bill to require the Secretary of Labor to issue guidance as to the
application of the Employee Retirement Income Security Act of 1974
to insurance company general accounts; to the Committees on Economic
and Educational Opportunities; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. ROUKEMA (for herself, Mr. Petri, Mr. McKeon, Mr. Knollenberg,
Mr. Christensen, Mr. Pomeroy, Mrs. Kennelly, Mr. Andrews, Mr.
Kildee, Mr. Miller of California, and Mr. Payne of New Jersey),
[19MR]
Cosponsors added, [27MR], [16AP], [24AP], [10MY], [16MY], [13JN],
[6JN], [27JN], [6JN], [27JN]
H.R. 3115--
A bill to amend the Federal Food, Drug, and Cosmetic Act to require
ingredient labeling for malt beverages, wine, and distilled spirits,
and for other purposes; to the Committee on Commerce.
By Mrs. SCHROEDER (for herself, Mr. Kennedy of Massachusetts, Mr.
Dellums, Mr. Serrano, Mr. Ackerman, and Mr. Markey), [19MR]
H.R. 3116--
A bill to provide for the phase-out of existing private sector
development enterprise funds for foreign countries and to prohibit
the establishment of, or the support for, new private sector
development enterprise funds, and for other purposes; to the
Committees on International Relations; Banking and Financial
Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TRAFICANT, [19MR]
H.R. 3117--
A bill to amend title 38, United States Code, to enable the Secretary of
Veterans Affairs to improve service-delivery of health care to
veterans, and for other purposes; to the Committees on Veterans'
Affairs; Commerce; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. MONTGOMERY (for himself, Mr. Stump, Mr. Edwards, and Mr.
Hutchinson), [20MR]
Cosponsors added, [30JY], [31JY], [1AU], [10SE]
H.R. 3118--
A bill to amend title 38, United States Code, to reform eligibility for
health care provided by the Department of Veterans Affairs; to the
Committee on Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Hutchinson, and Mr.
Edwards), [20MR]
Cosponsors added, [22MR], [27MR], [15AP], [17AP], [30AP], [7MY],
[10MY], [15MY], [23MY], [30MY], [4JN], [5JN], [11JN], [19JN],
[25JN], [11JY], [16JY], [18JY], [12JN]
Reported (H. Rept. 104-690), [18JY]
Rules suspended. Passed House amended, [30JY]
Passed Senate amended, [28SE]
House agreed to Senate amendments, [28SE]
Presented to the President (October 3, 1996)
Approved [Public Law 104-262] (signed October 9, 1996)
H.R. 3119--
A bill to amend title 38, United States Code, to revise and improve
eligibility for medical care and services under that title, and for
other purposes; to the Committees on Veterans' Affairs; Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. MONTGOMERY (by request), [20MR]
Cosponsors added, [26MR], [29MR], [15AP], [18AP], [23AP], [25AP],
[30AP], [9MY], [16MY], [22MY], [30MY], [10JN], [18JN], [19JN],
[24JN], [8JY], [11JY], [29JY], [31JY], [4SE], [10SE]
H.R. 3120--
A bill to amend title 18, United States Code, with respect to witness
retaliation, witness tampering and jury tampering; to the Committee
on the Judiciary.
By Mr. FOX, [20MR]
Reported with amendment (H. Rept. 104-549), [1MY]
Passed House amended, [7MY]
Passed Senate, [19SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-214] (signed October 1, 1996)
H.R. 3121--
A bill to amend the Foreign Assistance Act of 1961 and the Arms Export
Control Act to make improvements to certain defense and security
assistance provisions under those acts, to authorize the transfer of
naval vessels to certain foreign countries, and for other purposes;
to the Committees on International Relations; Rules, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. GILMAN (for himself and Mr. Hamilton), [20MR]
Reported (H. Rept. 104-519), [16AP]
Referral to the Committee on Rules extended, [16AP]
Committee discharged, [16AP], [1AU]
Rules suspended. Passed House amended, [16AP]
Passed Senate amended, [27JN]
House agreed to Senate amendments, [9JY]
Presented to the President (July 10, 1996)
Approved [Public Law 104-164] (signed July 21, 1996)
H.R. 3122--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
separate limitations on contributions to qualifying and
nonqualifying House of Representatives candidates; to the Committee
on House Oversight.
By Mr. BROWN of Ohio, [20MR]
H.R. 3123--
A bill to amend title XVIII and title XIX of the Social Security Act to
prohibit expenditures under the Medicare Program and Federal
financial participation under the Medicaid Program for assisted
suicide, euthanasia, or mercy killing, and for other purposes; to
the Committees on Commerce; Ways and Means; the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. CAMP, [20MR]
Cosponsors added, [22MR], [15AP], [7MY], [25JN], [4SE], [26JY]
H.R. 3124--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
of depreciable business assets which may be expensed, and for other
purposes; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Herger, Mr. Fox, Mr.
Brewster, Mr. Stockman, Mr. Houghton, Mr. Canady, and Mr. Barr),
[20MR]
Cosponsors added, [25AP]
H.R. 3125--
A bill to provide for improvements in financial security for senior
citizens; to the Committees on Ways and Means; Commerce; the
Judiciary; Rules; Government Reform and Oversight; the Budget, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Hastert, Mr. Fox, Mr.
Christensen, Mr. Stockman, and Mr. Hostettler), [20MR]
Cosponsors added, [13JN]
H.R. 3126--
A bill to amend the Internal Revenue Code of 1986 to place the burden of
proof on the Secretary to prove that the cash method of accounting
does not clearly reflect income; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania, [20MR]
Cosponsors added, [13JN]
H.R. 3127--
A bill to provide for the orderly disposal of Federal lands in southern
Nevada, and for the acquisition of certain environmentally sensitive
lands in Nevada, and for other purposes; to the Committee on
Resources.
By Mr. ENSIGN, [20MR]
H.R. 3128--
A bill to make it unlawful to send lobbying communications to Congress
which are fraudulent; to the Committee on the Judiciary.
By Mr. FLANAGAN (for himself and Mr. Dingell), [20MR]
H.R. 3129--
A bill to amend title 5, United States Code, to allow loans under the
thrift savings plan to be made for expenses associated with the
adoption of a child; to the Committee on Government Reform and
Oversight.
By Mr. MORAN, [20MR]
H.R. 3130--
A bill to assure availability and continuity of health insurance and to
simplify the administration of health coverage; to the Committees on
Commerce; Ways and Means; the Judiciary; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. PETERSON of Florida (for himself, Mr. Moran, Mr. Dooley, Mr.
Baesler, Mr. Berman, Ms. Brown of Florida, Mr. Clement, Mr. Coleman,
Mr. Dellums, Mr. Dixon, Mr. Fattah, Mr. Fazio of California, Mr.
Frazer, Mr. Hastings of Florida, Mr. Hefner, Mr. Hilliard, Mr.
Hinchey, Ms. Kaptur, Mr. LaFalce, Mrs. Lincoln, Mr. Lewis of
Georgia, Ms. Lofgren, Ms. McKinney, Mrs. Meek of Florida, Mr. Minge,
Mr. Nadler, Ms. Norton, Mr. Oberstar, Ms. Pelosi, Mr. Poshard, Ms.
Roybal-Allard, Mr. Sabo, Mr. Sanders, Mrs. Schroeder, Mr. Stenholm,
Mr. Stupak, Mr. Torres, Ms. Velazquez, Mr. Yates, Mr. Clyburn, Mr.
Jefferson, Mr. Pastor, Mr. Cramer, Mr. Rose, Mrs. Thurman, Mr. Payne
of Virginia, Ms. Jackson-Lee, and Mr. Pallone), [20MR]
Cosponsors added, [22MR], [27MR], [29MR], [14MY]
H.R. 3131--
A bill to amend title 49, United States Code, to permit a State located
within 5 miles of an airport in another State to participate in the
process for approval of airport development projects at the airport;
to the Committee on Transportation and Infrastructure.
By Mr. SHAYS, [20MR]
H.R. 3132--
A bill to amend title XVIII of the Social Security Act to provide for
Medicare contracting reforms, and for other purposes; to the
Committees on Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. TOWNS, [20MR]
[[Page 2880]]
H.R. 3133--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Karma; to the
Committee on Transportation and Infrastructure.
By Mr. SCARBOROUGH, [20MR]
H.R. 3134--
A bill to designate the U.S. Courthouse under construction at 1030
Southwest 3d Avenue, Portland, OR, as the ``Mark O. Hatfield United
States Courthouse,'' and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. DeFAZIO (for himself, Ms. Furse, Mr. Bunn of Oregon, and Mr.
Cooley), [21MR]
Reported (H. Rept. 104-587), [21MY]
H.R. 3135--
A bill to amend the Elementary and Secondary Education Act of 1965 to
allow certain counties flexibility in spending funds; to the
Committee on Economic and Educational Opportunities.
By Mr. ENGEL (for himself, Mr. Ackerman, Mr. Manton, Mr. Serrano, Mrs.
Lowey, and Mr. Flake), [21MR]
Cosponsors added, [14MY]
H.R. 3136--
A bill to provide for enactment of the Senior Citizens' Right to Work
Act of 1996, the Line Item Veto Act, and the Small Business Growth
and Fairness Act of 1996, and to provide for a permanent increase in
the public debt limit; to the Committees on Ways and Means; the
Budget; Rules; the Judiciary; Small Business; Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. ARCHER, [21MR]
Passed House amended, [28MR]
Passed Senate, [28MR]
Presented to the President (March 29, 1996)
Approved [Public Law 104-121] (signed March 29, 1996)
H.R. 3137--
A bill to amend the Internal Revenue Code of 1986 to clarify the
reasonable cause exception from the penalty for failures to file tax
returns or pay taxes; to the Committee on Ways and Means.
By Mr. BUNNING of Kentucky, [21MR]
H.R. 3138--
A bill to amend title XVIII of the Social Security Act to eliminate the
time limitation on benefits for immunosuppressive drugs under the
Medicare Program; to the Committees on Ways and Means; Commerce, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. CANADY, [21MR]
Cosponsors added, [7MY], [30MY], [26JN]
H.R. 3139--
A bill to redesignate the U.S. Post Office building located at 245
Centereach Mall on Middle Country Road in Centereach, NY, as the
``Rose Y. Caracappa United States Post Office Building''; to the
Committee on Government Reform and Oversight.
By Mr. FORBES, [21MR]
Cosponsors added, [15AP], [22AP], [25AP]
Rules suspended. Passed House, [30JY]
Passed Senate, [2AU]
Presented to the President (August 9, 1996)
Approved [Public Law 104-187] (signed August 20, 1996)
H.R. 3140--
A bill to prohibit gifts by lobbyists to Members of the House of
Representatives, Senators, and officers and employees of the House
of Representatives and the Senate; to the Committee on the
Judiciary.
By Mr. FOX, [21MR]
H.R. 3141--
A bill to amend title 49, United States Code, relating to scheduled
passenger air service at reliever airports; to the Committee on
Transportation and Infrastructure.
By Mr. HEFLEY (for himself and Mr. Schaefer), [21MR]
Cosponsors added, [22MR], [15AP]
H.R. 3142--
A bill to establish a demonstration project to provide that the
Department of Defense may receive Medicare reimbursement for health
care services provided to certain Medicare-eligible covered military
beneficiaries; to the Committees on Ways and Means; Commerce;
National Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. HEFLEY, [21MR]
Cosponsors added, [22MR], [25MR], [27MR], [28MR], [15AP], [18AP],
[23AP], [24AP], [30AP], [7MY], [9MY], [14MY], [15MY], [22MY],
[23MY], [30MY], [13JN], [19JN], [25JN], [26JN], [9JY], [12JY],
[18JY], [24JY], [30JY], [1AU], [2AU], [9SE], [11SE], [17SE], [18SE],
[19SE], [25SE], [26SE], [27SE], [28SE], [6JN], [27JN], [6JN], [27JN]
Reported with amendment (H. Rept. 104-837, part 1), [25SE]
H.R. 3143--
A bill to prohibit the use of funds for the construction or operation of
the National Ignition Facility or any other facility that uses
inertial confinement fusion at the Lawrence Livermore National
Laboratory, California; to the Committee on National Security.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Stark, Mr. DeFazio,
Mr. Costello, and Mr. Evans), [21MR]
H.R. 3144--
A bill to establish a U.S. policy for the deployment of a national
missile defense system, and for other purposes; to the Committees on
National Security; International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. LIVINGSTON (for himself, Mr. Gingrich, Mr. Armey, Mr. Spence,
Mr. Gilman, Mr. Kasich, Mr. Hyde, Mr. Young of Florida, Mr. Hunter,
and Mr. Hoke), [21MR]
Cosponsors added, [30AP], [10MY], [15MY]
Reported (H. Rept. 104-583, part 1), [16MY]
Referral to the Committee on International Relations extended, [16MY]
Committee discharged, [16MY]
H.R. 3145--
A bill to amend the Public Health Service Act to prohibit health
insurance discrimination with respect to victims of domestic
violence; to the Committees on Commerce; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. MORELLA (for herself and Mr. Schumer), [21MR]
Cosponsors added, [18JY]
H.R. 3146--
A bill to provide for the exchange of certain Federal lands in the State
of California for certain non-Federal lands, and for other purposes;
to the Committee on Resources.
By Mr. RADANOVICH, [21MR]
H.R. 3147--
A bill to provide for the exchange of certain Federal lands in the State
of California managed by the Bureau of Land Management of certain
non-Federal lands, and for other purposes; to the Committee on
Resources.
By Mr. RADANOVICH, [21MR]
Cosponsors added, [30MY]
Reported with amendment (H. Rept. 104-760), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 3148--
A bill to direct the Secretary of Health and Human Services to make
matching payments to the State of New Jersey for activities to
determine the incidence of cancer among residents of the Toms River
area; to the Committee on Commerce.
By Mr. SAXTON (for himself and Mr. Smith of New Jersey), [21MR]
Cosponsors added, [22MR], [26MR]
H.R. 3149--
A bill to permit the approval and administration of drugs and devices to
patients who are terminally ill; to the Committee on Commerce.
By Mr. SHAW (for himself, Mrs. Johnson of Connecticut, Mr. Payne of
Virginia, Mr. Jacobs, Mr. Bunning of Kentucky, Mr. Christensen, Mr.
Bilbray, and Mr. Burr), [21MR]
Cosponsors added, [27MR], [29MR], [23AP], [1MY]
H.R. 3150--
A bill to expand and enhance the Federal Government commitment to
eliminating crime in public housing and other federally assisted
low-income housing projects, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. VENTO, [21MR]
Cosponsors added, [25AP], [15MY], [26JN], [1AU]
H.R. 3151--
A bill to require the Secretary of Defense and the Secretary of Health
and Human Services to carry out a demonstration project to provide
the Department of Defense with reimbursement from the Medicare
Program for health care services provided to Medicare-eligible
beneficiaries under TRICARE; to the Committees on Ways and Means;
Commerce; National Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. WATTS of Oklahoma, [21MR]
Cosponsors added, [5SE]
H.R. 3152--
A bill to permit the Federal Government to provide funding for wetland
creation and improvement through the construction of upland dredge
material disposal facilities and funding for upland dredge material
disposal, and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. BAKER of California, [22MR]
Cosponsors added, [29MR], [17AP], [18AP], [21MY]
H.R. 3153--
A bill to amend title 49, United States Code, to exempt from regulation
the transportation of certain hazardous materials by vehicles with a
gross vehicle weight rating of 10,000 pounds or less; to the
Committee on Transportation and Infrastructure.
By Mr. DeLAY (for himself, Mr. Condit, Mr. Dooley, Mr. Barr, Mr.
Bishop, Mr. Bryant of Tennessee, Mr. Christensen, Mr. Clement, Mr.
Coble, Mr. Combest, Mr. Cramer, Mr. Cunningham, Mr. Dornan, Mr.
Emerson, Mr. English of Pennsylvania, Mr. Ewing, Mr. Foley, Mr.
Hastings of Washington, Mr. Hayes, Mr. Kim, Mr. Largent, Mr.
LaTourette, Mr. Lewis of Kentucky, Mr. Linder, Mr. Livingston, Mr.
McIntosh, Mr. Ney, Mr. Norwood, Mr. Scarborough, Mr. Towns, Mr.
Traficant, and Mr. Wamp), [22MR]
Cosponsors added, [15AP], [25AP], [10MY], [15MY], [21MY], [5JN], [5SE]
Reported with amendments (H. Rept. 104-791), [17SE]
Placed on the Corrections Calendar, [18SE]
Passed House amended, [24SE]
H.R. 3154--
A bill to increase the penalty for trafficking in powdered cocaine to
the same level as the penalty for trafficking in crack cocaine, and
for other purposes; to the Committees on the Judiciary; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BARRETT of Wisconsin, [22MR]
H.R. 3155--
A bill to amend the Wild and Scenic Rivers Act by designating the Wekiva
River, Seminole Creek, and Rock Springs Run in the State of Florida
for study and potential addition to the national wild and scenic
rivers system; to the Committee on Resources.
By Mr. McCOLLUM (for himself, Mr. Mica, and Ms. Brown of Florida),
[22MR]
Cosponsors added, [29MY], [16JY]
Reported with amendment (H. Rept. 104-824), [24SE]
Rules suspended. Passed House amended, [25SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-311] (signed Ocober 19, 1996)
H.R. 3156--
A bill to amend the Indian Child Welfare Act of 1978 to exempt voluntary
child custody proceedings from coverage under that act, and for
other purposes; to the Committee on Resources.
By Mr. TIAHRT (for himself, Mr. Souder, Mr. Hostettler, Mr. Largent,
Mrs. Myrick, Mr. Dornan, Mr. Hutchinson, Mr. Pete Geren of Texas,
and Mr. English of Pennsylvania), [22MR]
[[Page 2881]]
Cosponsors added, [17AP]
H.R. 3157--
A bill to amend the Internal Revenue Code of 1986 to allow the
establishment of individual training accounts; to the Committee on
Ways and means.
By Mr. TORRICELLI, [22MR]
H.R. 3158--
A bill to amend the Small Business Act to extend the pilot Small
Business Technology Transfer Program, and for other purposes; to the
Committee on Small Business.
By Mrs. MEYERS of Kansas (for herself, Mr. Poshard, Mr. Torkildsen,
and Mr. LaFalce), [25MR]
Reported with amendment (H. Rept. 104-850), [26SE]
Referred to the Committee on Science, [27SE]
H.R. 3159--
A bill to amend title 49, United States Code, to authorize
appropriations for fiscal years 1997, 1998, and 1999 for the
National Transportation Safety Board, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. SHUSTER (for himself, Mr. Oberstar, Mr. Duncan, Mr. Lipinski,
Ms. Molinari, and Mr. Wise), [26MR]
Cosponsors added, [28MR]
Reported with amendment (H. Rept. 104-682), [17JY]
Rules suspended. Passed House amended, [22JY]
Passed Senate amended (text of S. 1831 inserted in lieu), [18SE]
Rules suspended. House agreed to Senate amendment, [26SE]
Presented to the President (October 3, 1996)
Approved [Public Law 104-291] (signed October 11, 1996)
H.R. 3160--
A bill to amend the Internal Revenue Code of 1986 to improve portability
and continuity of health insurance coverage in the group and
individual markets, to combat waste, fraud, and abuse in health
insurance and health care delivery, to promote the use of medical
savings accounts, to improve access to long-term care services and
coverage, to simplify the administration of health insurance, to
reform medical liability, and for other purposes; to the Committees
on Ways and Means; Commerce; Economic and Educational Opportunities;
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. ARCHER (for himself, Mr. Bliley, Mr. Goodling, Mr. Hyde, Mr.
Thomas, Mr. Bilirakis, Mr. Fawell, Mr. McCollum, and Mr. Hastert),
[26MR]
H.R. 3161--
A bill to authorize the extension of nondiscriminatory treatment (most-
favored-nation treatment) to the products of Romania; to the
Committee on Ways and Means.
By Mr. CRANE (for himself, Mr. Gibbons, and Mrs. Kennelly), [26MR]
Cosponsors added, [16AP], [18AP], [24AP], [25AP], [1MY], [8MY],
[14MY], [5JN], [10JN], [12JN]
Reported (H. Rept. 104-629), [18JN]
Considered under suspension of the rules, [16JY]
Rules suspended. Passed House, [17JY]
Passed Senate, [19JY]
Presented to the President (July 23, 1996)
Approved [Public Law 104-171] (signed August 3, 1996)
H.R. 3162--
A bill to facilitate efficient investments and financing of
infrastructure projects and new job creation through the
establishment of a National Infrastructure Development Corporation,
and for other purposes; to the Committees on Transportation and
Infrastructure; Banking and Financial Services; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Ms. DeLAURO, [26MR]
H.R. 3163--
A bill to provide that Oregon may not tax compensation paid to a
resident of Washington for services as a Federal employee at a
Federal hydroelectric facility located on the Columbia River; to the
Committee on the Judiciary.
By Mr. HASTINGS of Washington (for himself and Mrs. Smith of
Washington), [26MR]
Cosponsors added, [28SE]
Failed of passage under suspension of the rules, [28SE]
H.R. 3164--
A bill to exempt defense nuclear facilities from the Metric System
Conversion Act of 1975; to the Committee on Science.
By Mr. HASTINGS of Washington, [26MR]
H.R. 3165--
A bill to amend title 23, United States Code, to make funds available
for surface transportation projects on roads functionally classified
as local or rural minor collectors, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mrs. JOHNSON of Connecticut, [26MR]
Cosponsors added, [15AP]
H.R. 3166--
A bill to amend title 18, United States Code, with respect to the crime
of false statement in a Government matter; to the Committee on the
Judiciary.
By Mr. MARTINI (for himself, Mr. McCollum, Mr. Hyde, and Mr. Schumer),
[27MR]
Reported with amendment (H. Rept. 104-680), [16JY]
Considered under suspension of the rules, [16JY]
Rules suspended. Passed House amended, [17JY]
Passed Senate amended, [25JY]
House agreed to Senate amendments with an amendment (pursuant to H.
Res. 535), [26SE]
Senate agreed to House amendment to Senate amendments, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-292] (signed October 11, 1996)
H.R. 3167--
A bill to reform the Federal Home Loan Bank System, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. BAKER of Louisiana (for himself, Mr. Kanjorski, Mr. McCollum,
Mr. Bachus, Mr. King, Mr. Hayworth, Mr. Chrysler, Mr. Cremeans, Mr.
Fox, Mr. Metcalf, Mr. Weller, Mr. LaFalce, Mr. Orton, and Mr.
Bentsen), [27MR]
Cosponsors added, [18AP], [25AP], [1MY], [30MY]
H.R. 3168--
A bill to facilitate efficient investments and financing of
infrastructure projects and new job creation through the
establishment of a National Infrastructure Development Corporation,
and for other purposes; to the Committees on Transportation and
Infrastructure; Banking and Financial Services; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Ms. DeLAURO (for herself, Mr. Gephardt, Mr. Bonior, and Mr. Fazio
of California), [27MR]
Cosponsors added, [18AP], [12JN]
H.R. 3169--
A bill to amend the Job Corps program under the Job Training Partnership
Act to ensure a drug-free, safe, and cost-effective Job Corps, and
for other purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. FRANKS of New Jersey, [27MR]
H.R. 3170--
A bill to dispose of contaminated dredged sediments in a more
environmentally responsible manner, and for other purposes; to the
Committees on Transportation and Infrastructure; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Pallone, Mr.
Frelinghuysen, and Mr. Zimmer), [27MR]
Cosponsors added, [29MR], [16AP], [1MY], [6MY], [22MY]
H.R. 3171--
A bill to limit the procurement of aircraft landing gear by the
Secretary of Defense to landing gear that is manufactured and
assembled in the United States; to the Committee on National
Security.
By Mr. HOKE, [27MR]
H.R. 3172--
A bill to establish a Commission to develop strategies and policies to
mitigate the environmental impacts associated with electric utility
restructuring; to the Committee on Commerce.
By Mr. KENNEDY of Rhode Island (for himself, Mr. Boehlert, Mr. Markey,
Mr. Blute, Mr. Pallone, Mr. Quinn, Mr. Torkildsen, Mr. Hinchey, and
Mr. Gejdenson), [27MR]
Cosponsors added, [30AP], [7MY], [22MY]
H.R. 3173--
A bill to establish, wherever possible, nonanimal acute toxicity testing
as an acceptable standard for Government regulations requiring an
evaluation of the safety of products by the Federal Government; to
the Committee on Commerce.
By Mr. LANTOS (for himself, Mr. Brown of California, Ms. Waters, Mr.
Moran, Mr. Frank of Massachusetts, Mr. Abercrombie, Mr. Gejdenson,
Mr. Coleman, Ms. Pelosi, Mr. Stark, Mr. Kleczka, Mr. Miller of
California, Mr. Jacobs, Mr. Sanders, Mr. DeFazio, Ms. Woolsey, Mr.
Torres, Ms. Rivers, Mr. Lewis of Georgia, Mr. Cardin, Mr. Clay, Mr.
Dellums, Mr. Johnson of South Dakota, Mr. Yates, Mrs. Mink of
Hawaii, Mr. Schumer, Mr. Farr, Mr. Foglietta, Mr. Torricelli, Mr.
Porter, Mr. Johnston of Florida, Mr. Shays, and Mr. Reed), [27MR]
Cosponsors added, [29MR], [18AP], [24AP], [30AP], [1MY], [6MY], [7MY],
[9MY], [10MY], [21MY], [29MY], [5JN], [17JN], [16JY], [16SE], [27JN]
H.R. 3174--
A bill to amend the Public Health Service Act to provide for programs
regarding women and the human immunodeficiency virus; to the
Committee on Commerce.
By Mrs. MORELLA, [27MR]
Cosponsors added, [18AP]
H.R. 3175--
A bill to amend the Public Health Service Act to provide for an increase
in the amount of Federal funds expended to conduct research on
alcohol abuse and alcoholism among women; to the Committee on
Commerce.
By Mrs. MORELLA, [27MR]
H.R. 3176--
A bill to amend the Public Health Service Act to establish programs of
research with respect to women and cases of infection with the human
immunodeficiency virus; to the Committee on Commerce.
By Mrs. MORELLA, [27MR]
Cosponsors added, [18AP]
H.R. 3177--
A bill to repeal the consent of Congress to the Northeast Interstate
Dairy Compact, and for other purposes; to the Committee on the
Judiciary.
By Mr. SENSENBRENNER (for himself and Mr. Obey), [27MR]
Cosponsors added, [29MR], [17AP]
H.R. 3178--
A bill to promote greater equity in the delivery of health care services
to American women through expanded research on women's health issues
and through improved access to health care services, including
preventive health services; to the Committees on Commerce; Ways and
Means; the Judiciary; Agriculture; International Relations;
Veterans' Affairs; Economic and Educational Opportunities; National
Security; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. SLAUGHTER (for herself, Mrs. Morella, Mrs. Lowey, Ms. Eddie
Bernice Johnson of Texas, Ms. Brown of Florida, Mrs. Clayton, Miss
Collins of Michigan, Mrs. Collins of Illinois, Ms. DeLauro, Ms.
Eshoo, Ms. Furse, Ms. Harman, Ms. Jackson-Lee, Mrs. Johnson of
Connecticut, Mrs. Kelly, Mrs. Kennelly, Ms. Lofgren, Ms. McKinney,
Mrs. Maloney, Mrs. Meek of Florida, Mrs. Meyers of Kansas, Mrs. Mink
of Hawaii, Ms. Norton, Ms. Pelosi, Ms. Rivers, Mrs. Roukema, Ms.
Roybal-Allard, Mrs. Schroeder, Mrs. Thurman, Ms. Velazquez, Ms.
Waters, and Ms. Woolsey), [27MR]
Cosponsors added, [1MY], [4JN], [5JN], [4SE], [11SE]
H.R. 3179--
A bill to modify various Federal health programs to make available
certain services to women who are members of racial or ethnic
minority groups, and for other purposes; to the Committees on Ways
and Means; Commerce; Economic and Educational Opportunities;
Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
[[Page 2882]]
By Ms. VELAZQUEZ, [27MR]
Cosponsors added, [11JN]
H.R. 3180--
A bill to increase penalties for sex offenses against children; to the
Committee on the Judiciary.
By Mr. FROST, [28MR]
Cosponsors added, [16AP], [17AP], [25AP], [1MY], [8MY], [14MY], [9JY]
H.R. 3181--
A bill to prohibit providers of cellular and other mobile radio services
from blocking access to 911 emergency services; to the Committee on
Commerce.
By Ms. ESHOO, [28MR]
Cosponsors added, [8MY], [29MY], [11JN], [11JY], [31JY]
H.R. 3182--
A bill to amend title 49, United States Code, relating to alcohol and
controlled substances testing of operators of motor vehicles used to
transport agricultural commodities and property for small local
governments; to the Committee on Transportation and Infrastructure.
By Mr. EWING (for himself, Mr. Poshard, Mr. Weller, Mr. LaHood, and
Mr. Emerson), [28MR]
Cosponsors added, [16MY], [23MY], [19JN], [23JY], [5SE], [6JN]
H.R. 3183--
A bill to amend title 38, United States Code, to limit the amount of
recoupment from veterans' disability compensation that is required
in the case of veterans who have received certain separation
payments from the Department of Defense; to the Committee on
Veterans' Affairs.
By Mr. MONTGOMERY, [28MR]
Cosponsors added, [29MY], [11JY], [16JY]
H.R. 3184--
A bill to streamline and improve the effectiveness of chapter 75 of
title 31, United States Code, commonly referred to as the Single
Audit Act; to the Committee on Government Reform and Oversight.
By Mr. HORN (for himself, Mr. Clinger, Mr. Davis, Mrs. Maloney, and
Mr. Peterson of Minnesota), [28MR]
Cosponsors added, [5JN]
Reported with amendment (H. Rept. 104-607), [6JN]
H.R. 3185--
A bill to provide increased access to health care benefits, to provide
increased portability of health care benefits, to provide increased
security of health care benefits, to increase the purchasing power
of individuals and small employers, to increase the deduction for
health insurance costs of self-employed individuals, and for other
purposes; to the Committees on Ways and Means; Commerce; Economic
and Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. DINGELL (for himself, Mr. Bentsen, and Mr. Spratt), [28MR]
H.R. 3186--
A bill to designate the Federal building located at 1655 Woodson Road in
Overland, MO, as the ``Sammy L. Davis Federal Building''; to the
Committee on Transportation and Infrastructure.
By Mr. CLAY, [28MR]
Reported (H. Rept. 104-609), [6JN]
Rules suspended. Passed House, [10JN]
Passed Senate, [24SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-228] (signed October 2, 1996)
H.R. 3187--
A bill to amend title 49, United States Code, to provide protection for
airline employees who provide certain air safety information; to the
Committee on Transportation and Infrastructure.
By Mr. CLYBURN, [28MR]
Cosponsors added, [18AP], [25AP], [9MY], [23MY], [30MY], [13JN],
[12JY], [31JY], [27SE], [27JN]
H.R. 3188--
A bill to amend title 49, United States Code, to limit the applicability
of hazardous material transportation registration and fee
requirements for persons who offer crude oil and condensate for
transport in commerce, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. COMBEST, [28MR]
H.R. 3189--
A bill to delay the privatization of the Office of Federal
Investigations of the Office of Personnel Management in order to
allow sufficient time for a thorough review to be conducted as to
the feasibility and desirability of any such privatization, and for
other purposes; to the Committee on Government Reform and Oversight.
By Mr. DAVIS (for himself, Mr. English of Pennsylvania, and Mr.
Moran), [28MR]
Cosponsors added, [29MY], [25JN], [2AU]
H.R. 3190--
A bill to prohibit Federal agencies to require or encourage preferences
based on race, sex, or ethnic origin, in connection with Federal
contracts; to the Committee on Government Reform and Oversight.
By Mr. FRANKS of Connecticut, [28MR]
H.R. 3191--
A bill to authorize a program of grants to improve the quality of
technical education in manufacturing and other vocational
technologies; to the Committee on Economic and Educational
Opportunities.
By Mr. KLINK, [28MR]
H.R. 3192--
A bill to make amendments to section 119 of title 17 of the United
States Code; to the Committee on the Judiciary.
By Mr. MOORHEAD, [28MR]
Cosponsors added, [24JY]
H.R. 3193--
A bill to recognize the significance of the AIDS Memorial Grove, located
in Golden Gate Park in San Francisco, CA, and to direct the
Secretary of the Interior to designate the AIDS Memorial Grove as a
national memorial; to the Committee on Resources.
By Ms. PELOSI, [28MR]
H.R. 3194--
A bill to provide that the property of innocent owners is not subject to
forfeiture under the laws of the United States; to the Committee on
the Judiciary.
By Mr. PICKETT, [28MR]
H.R. 3195--
A bill to amend title 23, United States Code, to modify the minimum
allocation formula under the Federal-aid highway program, and for
other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. SANFORD (for himself, Mr. Brewster, and Mr. Largent), [28MR]
Cosponsors added, [29MR], [15AP], [17AP], [18AP], [23AP], [25AP],
[29AP], [7MY], [9MY], [10MY], [15MY], [29MY], [30MY], [19JN],
[24JN], [25JN], [26JN], [8JY], [9JY], [11JY], [16JY], [30JY],
[31JY], [2AU], [19SE], [25SE], [26SE], [12JN], [27JN], [10JY],
[26JY], [12JN], [27JN], [10JY], [26JY]
H.R. 3196--
A bill to increase the penalty for trafficking in powdered cocaine to
the same level as the penalty for trafficking in crack cocaine, and
for other purposes; to the Committees on the Judiciary; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SHAYS, [28MR]
H.R. 3197--
A bill for the relief of Emma W. Todd; to the Committee on the
Judiciary.
By Mr. PICKETT, [28MR]
H.R. 3198--
A bill to reauthorize and amend the National Geologic Mapping Act of
1992, and for other purposes; to the Committee on Resources.
By Mr. CALVERT, [29MR]
Cosponsors added, [21MY]
Reported (H. Rept. 104-668), [11JY]
Rules suspended. Passed House, [30JY]
H.R. 3199--
A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public
Health Service Act to facilitate the development and approval of new
drugs and biological products, and for other purposes; to the
Committee on Commerce.
By Mr. BURR (for himself, Mr. Greenwood, Mr. Richardson, Mr.
Bilirakis, Mr. Towns, Mr. Barton of Texas, Mr. Hall of Texas, Mr.
Klug, Ms. Eshoo, Mr. Upton, Mr. Gordon, Mr. Bilbray, Mr. Brewster,
Mr. Coburn, Mr. Dooley, Mr. Ganske, Mr. McHale, Mr. Oxley, Mr. Payne
of Virginia, Mr. Fields of Texas, Mr. Rose, Mr. Paxon, Mr. Holden,
Mr. Tauzin, Mr. Schaefer, Mr. Fox, Mr. Funderburk, Mr. Campbell, Mr.
McIntosh, Mr. Cox, Mr. Dreier, Mr. Heineman, Mr. Weldon of Florida,
Mr. Shays, Mr. Hastert, Mr. Norwood, Mr. Burton of Indiana, Mr.
Frazer, Mr. Stearns, Mr. Frisa, Mr. Ramstad, Mr. Martini, and Ms.
Dunn of Washington), [29MR]
Cosponsors added, [30AP], [2MY], [7MY], [8MY], [10MY], [14MY], [15MY],
[16MY], [21MY], [22MY], [29MY], [10JN], [20JN], [11JY], [17JY],
[18JY], [23JY], [29JY], [17SE], [6JN], [27JN], [6JN], [27JN]
H.R. 3200--
A bill to amend the Federal Food, Drug, and Cosmetic Act to increase
access to nutritional information about foods, to increase the
availability of safe food products, and for other purposes; to the
Committee on Commerce.
By Mr. KLUG (for himself, Mr. Greenwood, Mr. Towns, Mr. Bilirakis, Mr.
Richardson, Mr. Burr, Mr. Hall of Texas, Mr. Barton of Texas, Mr.
Gordon, Mr. Upton, Mr. Brewster, Mr. Bilbray, Mr. Payne of Virginia,
Mr. Coburn, Mr. Dooley, Mr. Ganske, Mr. McHale, Mr. Oxley, Mr.
Holden, Mr. Fields of Texas, Mr. Paxon, Mr. Whitfield, Mr. Schaefer,
Mr. Tauzin, Mr. Fox, Mr. Campbell, Mr. McIntosh, Mr. Cox, Mr.
Dreier, Mr. Heineman, Mr. Funderburk, Mr. Weldon of Florida, Mr.
Shays, Mr. Hastert, Mr. Norwood, Mr. Frazer, Mr. Stearns, Mr. Frisa,
Mr. Ramstad, Mr. Martini, and Ms. Dunn of Washington), [29MR]
Cosponsors added, [1MY], [22MY], [2AU], [27SE]
H.R. 3201--
A bill to amend the Federal Food, Drug, and Cosmetic Act to facilitate
the development, clearance, and use of devices to maintain and
improve the public health and quality of life of the citizens of the
United States; to the Committee on Commerce.
By Mr. BARTON of Texas (for himself, Mr. Greenwood, Mr. Richardson,
Mr. Bilirakis, Mr. Hall of Texas, Mr. Gordon, Mr. Burr, Ms. Eshoo,
Mr. Coburn, Mr. Brewster, Mr. Klug, Mr. Dooley, Mr. Ganske, Mr.
McHale, Mr. Bilbray, Mr. Payne of Virginia, Mr. Oxley, Mr. Holden,
Mr. Fields of Texas, Mr. Paxon, Mr. Schaefer, Mr. Tauzin, Mr. Fox,
Mr. Upton, Mr. Campbell, Mr. McIntosh, Mr. Cox, Mr. Dreier, Mr.
Heineman, Mr. Funderburk, Mr. Weldon of Florida, Mr. Hostettler, Mr.
Shays, Mr. Hastert, Mr. Norwood, Mr. Burton of Indiana, Mr. Frazer,
Mr. Stearns, Mr. Frisa, Mr. Ramstad, Mr. Martini, and Ms. Dunn of
Washington), [29MR]
Cosponsors added, [16AP], [30AP], [7MY], [21MY], [19JN], [12JY],
[23JY], [2AU], [24SE], [6JN]
H.R. 3202--
A bill to decrease military spending to a sensible level by reducing
force structure, major weapons system procurement, and other
programs; to the Committee on National Security.
By Mr. DeFAZIO, [29MR]
Cosponsors added, [11JY], [17JY], [24JY], [31JY], [2AU]
H.R. 3203--
A bill to require the administrative agency responsible for adjudicating
claims under the workers' compensation provisions of title 5, United
States Code, to follow certain procedures in seeking medical
opinions; to the Committee on Economic and Educational
Opportunities.
By Mr. BILBRAY (for himself and Ms. Dunn of Washington), [29MR]
Cosponsors added, [30MY], [16JY]
H.R. 3204--
A bill to require the administrative agency responsible for adjudicating
claims under the workers' compensation provisions of title 5, United
States Code, to select board certified physicians to provide second
opinions; to the Committee on Economic and Educational
Opportunities.
By Mr. BILBRAY (for himself and Ms. Dunn of Washington), [29MR]
Cosponsors added, [30MY], [16JY]
H.R. 3205--
A bill to change the appeals process in the workers' compensation
provisions of title 5, United States Code; to the Committee on
Economic and Educational Opportunities.
By Mr. BILBRAY (for himself and Ms. Dunn of Washington), [29MR]
Cosponsors added, [30MY], [16JY]
[[Page 2883]]
H.R. 3206--
A bill to amend title 18, United States Code, with respect to Federal
prisoners, and for other purposes; to the Committee on the
Judiciary.
By Mr. CHRISTENSEN (for himself, Mr. Hayes, Mr. Neumann, Mrs. Myrick,
and Mr. Fox), [29MR]
Cosponsors added, [15MY], [1AU]
H.R. 3207--
A bill to amend the Communications Act of 1934 to facilitate utilization
of volunteer resources on behalf of the amateur radio service; to
the Committee on Commerce.
By Mr. BAKER of California (for himself, Mr. Bereuter, Mr. Brown of
California, Mr. Calvert, Mrs. Clayton, Mr. Cox, Mr. Dicks, Mr.
Dellums, Mr. Ehlers, Ms. Eshoo, Mr. Farr, Mr. Funderburk, Mr. Gene
Green of Texas, Mr. Hastert, Mr. Jacobs, Mr. Parker, Mr. Rogers, Mr.
Royce, Mr. Roth, Mr. Taylor of North Carolina, Mr. Towns, Mr. Weldon
of Florida, Mr. Wilson, and Mr. Wise), [29MR]
Cosponsors added, [30AP], [21MY], [20JN], [9JY], [17JY], [22JY],
[24JY], [25JY], [30JY], [31JY], [1AU], [11SE], [6JN]
H.R. 3208--
A bill to amend the Federal Election Campaign Act of 1971 to strengthen
certain provisions relating to independent expenditures, and for
other purposes; to the Committee on House Oversight.
By Mr. BASS, [29MR]
Cosponsors added, [22MY]
H.R. 3209--
A bill to amend the Internal Revenue Code of 1986 to increase the
maximum amount deferrable under a 457 plan for any year to the
amount deferrable for such year under a 401(k) plan, and to require
that amounts in 457 plans be held in trust; to the Committee on Ways
and Means.
By Mr. BEREUTER, [29MR]
H.R. 3210--
A bill to amend the Bank Holding Company Act of 1956 to clarify that the
Board of Governors of the Federal Reserve System has full discretion
with regard to the type and amount of information required to be
included in an application to become a bank holding company or to
acquire a bank, and for other purposes; to the Committee on Banking
and Financial Services.
By Mr. CAMPBELL, [29MR]
H.R. 3211--
A bill to amend the National Labor Relations Act to protect employer
rights; to the Committee on Economic and Educational Opportunities.
By Mr. FAWELL, [29MR]
Cosponsors added, [8MY], [29MY], [18JN], [20JN], [9JY], [16JY],
[23JY], [31JY], [27JN]
H.R. 3212--
A bill to amend the Fair Labor Standards Act of 1938 to provide a
limited overtime exemption for employees performing emergency
medical services; to the Committee on Economic and Educational
Opportunities.
By Mr. FAWELL, [29MR]
Cosponsors added, [17JY]
H.R. 3213--
A bill to amend the Marine Protection, Research, and Sanctuaries Act of
1972 relating to the dumping of dredged material in Long Island
Sound, and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. FORBES, [29MR]
Cosponsors added, [22AP], [24JN], [30JY], [16SE], [10JY]
H.R. 3214--
A bill to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to establish a brownfield cleanup loan
program; to the Committees on Commerce; Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FRANKS of Connecticut, [29MR]
H.R. 3215--
A bill to amend title 18, United States Code, to repeal the provision
relating to Federal employees contracting or trading with Indians;
to the Committee on the Judiciary.
By Mr. HAYWORTH, [29MR]
Reported (H. Rept. 104-681), [17JY]
Rules suspended. Passed House, [29JY]
Passed Senate, [31JY]
Presented to the President (August 2, 1996)
Approved [Public Law 104-178] (signed August 6, 1996)
H.R. 3216--
A bill to amend the Occupational Safety and Health Act of 1970 to
require that inspections of construction sites carried out under
that act shall be conducted by inspectors who have been trained
pursuant to standards established by the Secretary of Labor; to the
Committee on Economic and Educational Opportunities.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Shays, Mr. Franks of
New Jersey, and Mr. Horn), [29MR]
H.R. 3217--
A bill to provide for ballast water management to prevent the
introduction and spread of nonindigenous species into the waters of
the United States, and for other purposes; to the Committees on
Transportation and Infrastructure; Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. LaTOURETTE (for himself, Mr. Saxton, Ms. Lofgren, Ms. Rivers,
Ms. Kaptur, Mr. Gilchrest, Mr. Stupak, Mr. Quinn, Mr. Ramstad, Mr.
Miller of California, Mr. Oberstar, Mr. Meehan, Mr. Franks of New
Jersey, Mr. Petri, Mr. Hoke, Mr. Ehlers, Mr. Dingell, Mr. English of
Pennsylvania, and Mrs. Morella), [29MR]
Cosponsors added, [16AP], [30AP], [8MY], [13JN], [11JY], [16JY],
[2AU], [24SE], [6JN]
Reported with amendment (H. Rept. 104-815, part 1), [20SE]
Referred to the Committee on Science, [20SE]
Referral to the Committee on Resources extended, [20SE]
Rules suspended. Passed House amended, [24SE]
H.R. 3218--
A bill to amend the Internal Revenue Code of 1986 to allow taxpayers to
designate that a portion of their income tax refunds be retained by
the United States for use for certain public purposes; to the
Committees on Ways and Means; the Judiciary; Commerce; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. LaTOURETTE, [29MR]
H.R. 3219--
A bill to provide Federal assistance for Indian tribes in a manner that
recognizes the right of tribal self-governance, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. LAZIO of New York (for himself, Mr. Bereuter, Mr. Hayworth, and
Mr. Johnson of South Dakota), [29MR]
Rules suspended. Passed House amended, [28SE]
Passed Senate, [3OC]
Presented to the President (October 18, 1996)
Approved [Public Law 104-330] (signed October 26, 1996)
H.R. 3220--
A bill to provide for the opportunity for the families of murder victims
to attend the execution of the murderers; to the Committee on the
Judiciary.
By Mr. SALMON (for himself and Mr. Stearns), [29MR]
H.R. 3221--
A bill to amend the Electronic Fund Transfer Act to prohibit the
imposition of certain additional fees on consumers in connection
with any electronic fund transfer which is initiated by the consumer
from an electronic terminal operated by a person other than the
financial institution holding the consumer's account and which
utilizes a national or regional communication network; to the
Committee on Banking and Financial Services.
By Mr. SANDERS, [29MR]
Cosponsors added, [15MY], [11SE]
H.R. 3222--
A bill to prohibit gag rule clauses, improper incentive programs, and
indemnification clauses in health care insurance contracts and
health care employment contracts, and for other purposes; to the
Committees on Commerce; Ways and Means; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SANDERS (for himself, Mr. Stark, Ms. McKinney, Mr. Dellums, Mr.
Hilliard, and Mr. Frazer), [29MR]
Cosponsors added, [8MY], [4JN], [25JN]
H.R. 3223--
A bill to amend title 18, United States Code, to provide mandatory life
imprisonment for persons convicted of a second serious violent
felony or serious drug offense; to the Committee on the Judiciary.
By Mr. SCHIFF (for himself, Mr. McCollum, Mr. Coble, Mr. Skeen, Mr.
Frost, Mrs. Myrick, and Mr. LaTourette), [29MR]
Cosponsors added, [18AP], [2AU]
H.R. 3224--
A bill to improve Federal efforts to combat fraud and abuse against
health care programs, and for other purposes; to the Committees on
the Judiciary; Government Reform and Oversight; Ways and Means;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SCHIFF (for himself and Mr. Shays), [29MR]
Cosponsors added, [17AP], [18AP], [25AP], [30AP], [8MY], [22MY],
[29JY]
H.R. 3225--
A bill to amend title XVIII of the Social Security Act to expedite
payment adjustments for durable medical equipment under part B of
the Medicare Program based upon inherent reasonableness; to the
Committees on Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SHAYS (for himself, Mr. Schiff, and Mr. Barrett of Wisconsin),
[29MR]
H.R. 3226--
A bill to require that health plans provide coverage for a minimum
hospital stay for a mother and child following the birth of the
child, and for other purposes; to the Committees on Commerce;
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SOLOMON (for himself and Mr. Miller of California), [29MR]
Cosponsors added, [15AP], [23AP], [25AP], [30AP], [7MY], [8MY], [9MY],
[10MY], [14MY], [15MY], [16MY], [21MY], [22MY], [23MY], [29MY],
[4JN], [13JN], [20JN], [26JN], [9JY], [18JY], [31JY], [2AU], [4SE],
[5SE], [11SE], [16SE], [17SE], [25SE], [26SE], [6JN], [12JN], [6JN],
[12JN]
H.R. 3227--
A bill to amend title 23, United States Code, relating to the statewide
planning process to provide for greater participation by elected
officials having jurisdiction over transportation in nonmetropolitan
areas, and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. STUPAK, [29MR]
H.R. 3228--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of all the brave and gallant Puerto Ricans in the 65th
Infantry Regiment of the United States Army who fought in the Korean
conflict; to the Committee on Banking and Financial Services.
By Ms. VELAZQUEZ (for herself, Mr. Gutierrez, Mrs. Kennelly, Mr.
Kennedy of Massachusetts, Mr. Serrano, Mr. Menendez, Ms. Roybal-
Allard, and Ms. Ros-Lehtinen), [29MR]
H.R. 3229--
A bill to require that wages paid under a Federal contract are greater
than the local poverty line, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. VENTO, [29MR]
H.R. 3230--
A bill to authorize appropriations for fiscal year 1997 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1997, and for other purposes; to
the Committee on National Security.
[[Page 2884]]
By Mr. SPENCE (for himself and Mr. Dellums) (both by request), [15AP]
Reported with amendments (H. Rept. 104-563), [7MY]
Considered, [14MY]
Passed House amended, [15MY]
Passed Senate amended, [10JY]
Senate insisted on its amendments and asked for a conference, [10JY]
House disagreed to Senate amendments and agreed to a conference,
[17JY]
Motion to close conference committee meetings when classified national
security information is discussed was agreed to in House, [17JY]
Conferees appointed, [17JY]
Change of conferees, [18JY]
Conference report (H. Rept. 104-724) submitted in the House, [30JY]
House agreed to conference report, [1AU]
Objection heard to a request to consider conference report, [2AU]
Senate agreed to conference report, [10SE]
Presented to the President (September 13, 1996)
Approved [Public Law 104-201] (signed September 23, 1996)
H.R. 3231--
A bill to authorize certain construction at military installations for
fiscal year 1997, and for other purposes; to the Committee on
National Security.
By Mr. HEFLEY (for himself and Mr. Ortiz) (both by request), [15AP]
H.R. 3232--
A bill to amend title XIX of the Social Security Act to repeal the
preadmission screening and resident review [PASARR] requirement for
nursing facilities under the Medicaid Program; to the Committee on
Commerce.
By Mr. EHRLICH, [15AP]
H.R. 3233--
A bill to amend titles XVIII and XIX of the Social Security Act to
repeal denial of approval of nurse aide training programs based on
reasons not associated with quality or operation; to the Committees
on Ways and Means; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. EHRLICH, [15AP]
H.R. 3234--
A bill to amend the Occupational Safety and Health Act of 1970; to the
Committee on Economic and Educational Opportunities.
By Mr. BALLENGER (for himself, Mrs. Meyers of Kansas, Mr. Barrett of
Nebraska, Mr. Hoekstra, Mr. Norwood, Mr. Stenholm, Mr. Graham, Mr.
Hayes, Mr. Hutchinson, Mr. Hall of Texas, and Mr. Brewster), [15AP]
Cosponsors added, [24AP], [30AP], [8MY], [21MY], [10JN], [19JN],
[26JN], [9JY], [17JY]
H.R. 3235--
A bill to amend the Ethics in Government Act of 1978, to extend the
authorization of appropriations for the Office of Government Ethics
for 3 years, and for other purposes; to the Committees on the
Judiciary; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. CANADY (for himself and Mr. Hyde), [15AP]
Reported (H. Rept. 104-595, part 1), [29MY]
Referral to the Committee on Government Reform and Oversight extended,
[29MY]
Committee discharged, [29MY]
Rules suspended. Passed House, [4JN]
Passed Senate, [24JY]
Presented to the President (July 26, 1996)
Approved [Public Law 104-179] (signed August 6, 1996)
H.R. 3236--
A bill to amend the Consolidated Farm and Rural Development Act to
provide a grace period for the prohibition on Consolidated Farm
Service Agency [CFSA] lending to delinquent borrowers; to the
Committee on Agriculture.
By Mr. COMBEST (for himself and Mr. Thornberry), [15AP]
Cosponsors added, [16AP], [18AP], [25AP]
H.R. 3237--
A bill to provide for improved management and operation of intelligence
activities of the Government by providing for a more corporate
approach to intelligence, to reorganize the agencies of the
Government engaged in intelligence activities so as to provide an
improved Intelligence Community for the 21st century, and for other
purposes; to the Committees on Intelligence (Permanent Select);
National Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. COMBEST, [15AP]
Reported with amendment (H. Rept. 104-620, part 1), [13JN]
Referral to the Committee on National Security extended, [13JN]
Referred to the Committee on Government Reform and Oversight, [13JN]
Committee on Government Reform and Oversight discharged, [23JY]
Reported with amendment (H. Rept. 104-620, part 2), [23JY]
H.R. 3238--
A bill to amend the Juvenile Justice and Delinquency Prevention Act of
1974 to establish a national resource center and clearinghouse to
carry out, through the Jimmy Ryce Law Enforcement Training Center
for the Recovery of Missing Children, training of State and local
law enforcement personnel to more effectively respond to cases
involving missing or exploited children, and for other purposes; to
the Committee on Economic and Educational Opportunities.
By Mr. DEUTSCH (for himself, Ms. Ros-Lehtinen, Mr. Diaz-Balart, Mr.
Johnston of Florida, Mrs. Meek of Florida, Mr. Hastings of Florida,
Mr. Gibbons, Mr. Foley, Ms. Woolsey, Mr. Bryant of Texas, Mr. Ward,
Mr. Gordon, and Mr. Manton), [15AP]
Cosponsors added, [17AP], [18AP], [21MY]
H.R. 3239--
A bill to reform the independent counsel statute, and for other
purposes; to the Committee on the Judiciary.
By Mr. DICKEY (for himself. Mr. Shays, Mr. Inglis of South Carolina,
Mr. Bonilla, Mr. Stump, Mr. Taylor of North Carolina, Mr. Hefley,
Mr. Baker of California, Mr. Thornton, Mr. Packard, Mr. Green of
Texas, and Mr. King), [15AP]
Cosponsors added, [18SE]
H.R. 3240--
A bill to amend the Internal Revenue Code of 1986 to clarify the
prohibition against lobbying; to the Committee on Ways and Means.
By Mr. DORNAN (for himself and Mr. Wolf), [15AP]
H.R. 3241--
A bill to amend the Internal Revenue Code to allow the designation of
additional empowerment zones and provide additional incentives for
empowerment zones and enterprise communities, and for other
purposes; to the Committees on Ways and Means; Banking and Financial
Services; Government Reform and Oversight; Transportation and
Infrastructure; Economic and Educational Opportunities;
International Relations; Commerce; the Judiciary; National Security;
Small Business, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FOGLIETTA (for himself, Mr. Barrett of Wisconsin, Mr. Dellums,
Ms. Eddie Bernice Johnson of Texas, Mr. Green of Texas, Mr. Clyburn,
Mr. Hinchey, Ms. Norton, Mr. Hastings of Florida, Miss Collins of
Michigan, and Ms. McKinney), [15AP]
Cosponsors added, [10MY], [4JN], [8JY]
H.R. 3242--
A bill to provide for the reporting of deaths of persons in custody; to
the Committee on the Judiciary.
By Mr. HUTCHINSON (for himself and Mr. Scott), [15AP]
H.R. 3243--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to reduce certain funds if eligible States do not enact certain
laws; to the Committee on the Judiciary.
By Mr. JACOBS, [15AP]
H.R. 3244--
A bill to amend the Internal Revenue Code of 1986 to provide for
individuals who are residents of the District of Columbia a maximum
rate of tax of 15 percent on income from sources within the District
of Columbia; to the Committee on Ways and Means.
By Ms. NORTON, [15AP]
Cosponsors added, [9MY], [10JN], [19JN], [2AU], [24SE], [26JY]
H.R. 3245--
A bill to amend the Internal Revenue Code of 1986 to provide a deduction
for higher education expenses; to the Committee on Ways and Means.
By Mr. POMEROY, [15AP]
Cosponsors added, [18JN], [27JN]
H.R. 3246--
A bill to amend the Electronic Fund Transfer Act to protect the consumer
with regard to fees imposed in connection with an electronic fund
transfer initiated by a consumer, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. SCHUMER (for himself, Mr. Kennedy of Massachusetts, and Mrs.
Maloney), [15AP]
Cosponsors added, [18AP], [22AP], [23AP], [24AP], [25AP], [30AP],
[1MY], [6MY], [7MY], [9MY], [10MY], [14MY], [4JN], [12JY]
H.R. 3247--
A bill to redesignate the Herbert Clark Hoover Department of Commerce
Building located at 14th Street and Constitution Avenue, NW, in
Washington, DC, as the ``Ronald H. Brown Commerce Building''; to the
Committee on Transportation and Infrastructure.
By Mr. THOMPSON (for himself, Mr. Clyburn, Mr. Hilliard, and Ms. Eddie
Bernice Johnson of Texas), [15AP]
Cosponsors added, [30AP], [1MY], [8MY], [15MY], [30MY]
H.R. 3248--
A bill to amend title 38, United States Code, to revise and improve
certain veterans programs and benefits, to authorize the American
Battle Monuments Commission to enter into arrangements for the
repair and long-term maintenance of war memorials for which the
Commission assumes responsibility, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. EVERETT (for himself and Mr. Evans), [16AP]
Cosponsors added, [18AP]
H.R. 3249--
A bill to authorize appropriations for a mining institute to develop
domestic technological capabilities for the recovery of minerals
from the Nation's seabed, and for other purposes; to the Committee
on Resources.
By Mr. ABERCROMBIE (for himself and Mr. Wicker), [16AP]
Reported with amendments (H. Rept. 104-673), [12JY]
Passed House amended, [16JY]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-312] (signed October 19, 1996)
H.R. 3250--
A bill to amend the National Trails System Act to create a new category
of long-distance trails to be known as National Discovery Trails, to
authorize the American Discovery Trail as the first national trail
in that category, and for other purposes; to the Committee on
Resources.
By Mr. BEREUTER (for himself, for Mr. Ford, Ms. Lofgren, Mr. McIntosh,
Mr. Pickett, Mr. Dellums, Ms. Woolsey, Mr. Stark, Mr. Fazio of
California, Mr. Costello, Mrs. Meyers of Kansas, Mr. Ehlers, Mr.
Schaefer, Mr. Mollohan, Mr. Leach, Mr. Gilchrest, Mr. Boehlert, Mr.
Castle, Mr. Clay, Mr. Vento, Mr. Skelton, Mr. Evans, Mrs. Morella,
Mr. Rahall, Mr. Skaggs, Ms. McCarthy, Mr. Hefley, Mr. Weller, Mrs.
Vucanovich, Mr. Bunning of Kentucky, Mr. Baker of California, Mr.
Beilenson, Ms. Norton, Mr. Hastings of Florida, Mr. Hamilton, Mr.
Frost, Mr. Waxman, Mr. Barrett of Nebraska, Mr. Orton, Mr. Ney, Mr.
Lantos, Mr. Fawell, and Mr. Miller of California), [16AP]
Cosponsors added, [18AP], [9MY], [12JY], [17SE]
H.R. 3251--
A bill to amend the Internal Revenue Code of 1986 to expand the
applicability of the
[[Page 2885]]
first-time farmer exception; to the Committee on Ways and Means.
By Mr. LIGHTFOOT (for himself, Mr. Leach, Mr. Nussle, Mr. Ganske, and
Mr. Latham), [16AP]
Cosponsors added, [30AP], [7MY], [22MY], [10JN], [9JY], [31JY]
H.R. 3252--
A bill to amend the Internal Revenue Code of 1986 to discourage American
businesses from moving jobs overseas and to encourage the creation
of new jobs in the United States, and for other purposes; to the
Committee on Ways and Means.
By Ms. McKINNEY, [16AP]
Cosponsors added, [14MY], [30MY], [10JN], [19JN], [11JY], [23JY],
[1AU], [28SE]
H.R. 3253--
A bill to name the Department of Veterans Affairs medical center in
Jackson, MS, as the ``G.V. (Sonny) Montgomery Department of Veterans
Affairs Medical Center''; to the Committee on Veterans' Affairs.
By Mr. PARKER (for himself, Mr. Wicker, Mr. Taylor of Mississippi, Mr.
Thompson, Mr. Edwards, Mr. Cooley, Mr. Everett, Mr. Doyle, Mr.
Hutchinson, Mr. Clement, Mr. Smith of New Jersey, Mr. Evans, Mr.
Mascara, Ms. Brown of Florida, Mr. Filner, Mr. Kennedy of
Massachusetts, Mr. Tejeda, Ms. Waters, Mr. Ney, Mr. Clyburn, and Mr.
Emerson), [16AP]
Cosponsors added, [25AP], [30AP], [7MY], [10MY], [15MY]
H.R. 3254--
A bill to suspend until January 1, 1998, the duty on Fybrel [SWP]; to
the Committee on Ways and Means.
By Mr. QUILLEN, [16AP]
H.R. 3255--
A bill to amend the Harmonized Tariff Schedule of the United States to
correct the tariff treatment of certain iron and steel pipe and tube
products; to the Committee on Ways and Means.
By Mr. QUILLEN, [16AP]
H.R. 3256--
A bill to establish the Nicodemus National Historic Site in Kansas, and
for other purposes; to the Committee on Resources.
By Mr. ROBERTS, [16AP]
H.R. 3257--
A bill to develop model curricula appropriate for elementary and
secondary students; to the Committee on Economic and Educational
Opportunities.
By Mr. ZIMMER (for himself and Mr. Frelinghuysen), [16AP]
Cosponsors added, [24AP]
H.R. 3258--
A bill to direct the Secretary of the Interior to convey certain real
property located within the Carlsbad project in New Mexico to the
Carlsbad Irrigation District; to the Committee on Resources.
By Mr. SKEEN, [17AP]
Cosponsors added, [15MY], [18JN], [11JY]
H.R. 3259--
A bill to authorize appropriations for fiscal year 1997 for intelligence
and intelligence-related activities of the U.S. Government, the
community management account, and the Central Intelligence Agency
retirement and disability system, for other purposes; to the
Committee on Intelligence (Permanent Select).
By Mr. COMBEST, [17AP]
Reported with amendment (H. Rept. 104-578, part 1), [15MY]
Referred to the Committee on National Security, [15MY]
Committee on National Security discharged, [16MY]
Passed House amended, [22MY]
Passed Senate amended (text of S. 1718 inserted in lieu), [17SE]
Senate insisted on its amendment and asked for a conference, [17SE]
House disagreed to Senate amendment and agreed to a conference, [18SE]
Conference report (H. Rept. 104-832) submitted in the House, [24SE]
House agreed to conference report, [25SE]
Senate agreed to conference report, [25SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-293] (signed October 11, 1996)
H.R. 3260--
A bill to amend the Federal Food, Drug, and Cosmetic Act relating to
proposed regulation of pharmacists; to the Committee on Commerce.
By Mr. CRAPO, [17AP]
Cosponsors added, [24AP], [7MY], [21MY], [27JN]
H.R. 3261--
A bill to provide for annual payments from the surplus funds of the
Federal Reserve System to cover the interest on obligations issued
by the Financing Corporation; to the Committee on Banking and
Financial Services.
By Mr. FRANK of Massachusetts (for himself, Mr. Dickey, Mr. Cardin,
Mr. Kennedy of Massachusetts, Mrs. Maloney, Mr. Meehan, Mr. Neal of
Massachusetts, Mr. Pomeroy, and Mr. Rahall), [17AP]
Cosponsors added, [23AP], [7MY]
H.R. 3262--
A bill to amend title XVIII of the Social Security Act to expand
coverage under part B of the Medicare Program of certain antibiotics
which are parenterally administered in a home setting, and for other
purposes; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. GREENE of Utah, [17AP]
Cosponsors added, [29AP], [22JY]
H.R. 3263--
A bill to amend the Omnibus Crime Control and Safe Street Act of 1968 to
establish a national clearinghouse to assist in background checks of
law enforcement applicants; to the Committee on the Judiciary.
By Mr. JOHNSTON of Florida (for himself, Mr. Frost, Ms. Lofgren, Mr.
McDermott, Mr. Thompson, Mrs. Thurman, Mrs. Meek of Florida, Mr.
Shaw, Mrs. Mink of Hawaii, Mr. Canady, Mr. Rahall, Mr. Bryant of
Texas, Ms. Norton, and Mr. Frazier), [17AP]
Cosponsors added, [10MY], [27JN]
H.R. 3264--
A bill to waive the Medicaid enrollment composition rule for the D.C.
Chartered Health Plan; to the Committee on Commerce.
By Ms. NORTON, [17AP]
H.R. 3265--
A bill to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage rate under the act; to the Committee on Economic and
Educational Opportunities.
By Mr. QUINN (for himself, Mr. English of Pennsylvania, Mr. Shays, Mr.
Gilman, Mr. Walsh, Mr. Horn, Mr. Houghton, Mr. Boehlert, Mr.
Torkildsen, Mrs. Johnson of Connecticut, Mr. Leach, Mr. Martini, Mr.
Lazio of New York, Mr. Franks of New Jersey, Mr. Forbes, Mr. Diaz-
Balart, Mr. Riggs, Mr. Cremeans, Mr. LaTourette, and Mr. Blute),
[17AP]
Cosponsors added, [22AP], [24AP], [1MY], [15MY], [16MY]
H.R. 3266--
A bill to restore the American family, enhance support and work
opportunities for families with children, reduce out-of-wedlock
pregnancies, reduce welfare dependence, and control welfare
spending; to the Committees on Ways and Means; Agriculture; Banking
and Financial Services; Commerce; Economic and Educational
Opportunities; Government Reform and Oversight; the Judiciary, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. TANNER (for himself, Mr. Castle, Mrs. Lincoln, Mr. Shays, Mr.
Stenholm, Mrs. Morella, Mr. Payne of Virginia, Mrs. Johnson of
Connecticut, Mr. Orton, Mr. Campbell, Mr. Minge, Mr. Houghton, Mr.
Browder, Mr. Fox, Mr. Cramer, Mr. Boehlert, Mr. Baesler, Mr.
Ramstad, Mr. Holden, Mr. Frelinghuysen, Mr. Lipinski, Mr. Horn, Mr.
Rose, Mr. Fawell, Mrs. Thurman, Mr. Lazio of New York, Mr. Roemer,
Mr. Kolbe, Mr. Clement, and Mr. Gordon), [17AP]
Cosponsors added, [14MY], [19JN], [17JY], [6JN]
H.R. 3267--
A bill to amend title 49, United States Code, to prohibit individuals
who do not hold a valid private pilots certificate from manipulating
the controls of aircraft in an attempt to set a record or engage in
an aeronautical competition or aeronautical feat, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. DUNCAN (for himself, Mr. Shuster, Mr. Lipinski, Mr. Weller, Mr.
Clinger, Mr. Lightfoot, Mr. Paxon, and Mr. Martini), [18AP]
Cosponsors added, [23AP], [25AP], [1MY], [2MY], [7MY], [8MY], [14MY],
[16MY], [22MY], [4JN]
Reported (H. Rept. 104-683), [17JY]
Rules suspended. Passed House, [22JY]
H.R. 3268--
A bill to amend the Individuals with Disabilities Education Act, to
reauthorize and make improvements to that act, and for other
purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. CUNNINGHAM, [18AP]
Cosponsors added, [6MY]
Reported with amendment (H. Rept. 104-614), [10JN]
Rules suspended. Passed House amended, [10JN]
H.R. 3269--
A bill to amend the Impact Aid Program to provide for a hold-harmless
with respect to amounts for payments relating to the Federal
acquisition of real property and for other purposes; to the
Committee on Economic and Educational Opportunities.
By Mr. CUNNINGHAM (for himself, Mrs. Mink of Hawaii, and Mr. Bilbray),
[18AP]
Reported (H. Rept. 104-560), [7MY]
Rules suspended. Passed House, [7MY]
Passed Senate amended, [2AU]
Rules suspended. House agreed to Senate amendment, [4SE]
Presented to the President (September 6, 1996)
Approved [Public Law 104-195] (signed September 16, 1996)
H.R. 3270--
A bill to authorize and direct the Secretary of the Army to
expeditiously construct a project for flood control on the
Sacramento and American Rivers, CA, and to authorize and direct the
Secretary of the Interior and the Secretary of the Army to enter
into agreements that allow the State of California or other non-
Federal sponsors to construct, without cost to the United States, a
multipurpose dam and related facilities at Auburn on the American
River; to the Committees on Transportation and Infrastructure;
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. DOOLITTLE (for himself, Mr. Matsui, Mr. Fazio of California,
Mr. Pombo, Mr. Herger, Mr. Radanovich, Mr. Condit, and Mr. Dooley),
[18AP]
Cosponsors added, [14MY], [11JN]
H.R. 3271--
A bill to amend the Trade Act of 1974 to extend the period of time
within which workers may file a petition for trade adjustment
assistance; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Houghton, Mr.
Traficant, Mr. Holden, Mr. Green of Texas, Mr. Rahall, Ms. McKinney,
Mr. Spratt, Mr. Lipinski, Mr. Kennedy of Massachusetts, Mr. Klink,
Mr. Calvert, and Mr. Ney), [18AP]
H.R. 3272--
A bill to amend the Securities Exchange Act of 1934 to require improved
disclosure of corporate charitable contributions, and for other
purposes; to the Committee on Commerce.
By Mr. GILLMOR (for himself, Mr. Fields of Texas, Mr. Boucher, Mr.
Oxley, Mr. Manton, and Mr. Stearns), [18AP]
Cosponsors added, [10MY]
H.R. 3273--
A bill to amend the Securities Exchange Act of 1934 to require
corporations to obtain the views of shareholders concerning
corporate charitable contributions; to the Committee on Commerce.
By Mr. GILLMOR, [18AP]
H.R. 3274--
A bill to amend the Federal Election Campaign Act of 1971 to reform
House of Representatives campaign finance laws, and for other
purposes; to the Committees on House Oversight; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
[[Page 2886]]
By Mr. GOSS, [18AP]
Cosponsors added, [2AU], [10JY]
H.R. 3275--
A bill to amend the Indian Child Welfare Act to exempt from coverage of
the act, child custody proceedings involving a child whose parents
do not maintain significant social, cultural, or political
affiliation with the tribe of which the parents are members, and for
other purposes; to the Committee on Resources.
By Ms. PRYCE (for herself and Mr. Tiahrt), [18AP]
Cosponsors added, [30AP], [2MY], [7MY], [9MY]
H.R. 3276--
A bill to provide that, to receive their pay, Members of Congress are
required to certify that they have performed their congressional
duties, and for other purposes; to the Committee on House Oversight.
By Mr. RIGGS (for himself, Mrs. Kelly, Ms. Lofgren, Mr. Poshard, and
Mr. Norwood), [18AP]
H.R. 3277--
A bill to ensure congressional approval of the amount of compliance
costs imposed on the private sector by regulations issued under new
or reauthorized Federal laws; to the Committees on Government Reform
and Oversight; Rules, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SMITH of Texas (for himself, Mr. Condit, Mr. DeLay, Mr.
Clinger, Mr. McIntosh, Mr. Pete Geren of Texas, Mr. Hastert, Mr.
Peterson of Minnesota, Mr. Miller of Florida, Mr. Wicker, Mr.
Stockman, Mr. Herger, Mr. Rohrabacher, Mr. Funderburk, Mr. Weller,
Mr. Coble, Mr. Parker, Mrs. Chenoweth, Mr. Bunning of Kentucky, Mr.
Laughlin, Mr. Lewis of Kentucky, Mr. Largent, Mr. Emerson, Mr. Deal
of Georgia, Mr. Norwood, Mr. Thornberry, Mr. Duncan, Mr. Hostettler,
Mr. Gutknecht, Mr. Coburn, Mr. Cooley, Mr. Fields of Texas, Mr.
Gekas, Mr. Barton of Texas, Mr. Combest, Mr. Archer, Mr. Tauzin, and
Mr. Davis), [18AP]
Cosponsors added, [19JN], [16JY], [3OC], [4OC]
H.R. 3278--
A bill to direct the Secretary of Transportation to convey the St.
Helena Island Light Station to the Great Lakes Lighthouse Keepers
Association; to the Committee on Transportation and Infrastructure.
By Mr. STUPAK, [18AP]
H.R. 3279--
A bill to provide for early deferred annuities under chapter 83 of title
5, United States Code, for certain former Department of Defense
employees who are separated from service by reason of certain
defense base closures, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mr. WARD (for himself, Mr. Hamilton, Mr. Fazio of California, Mr.
Matsui, Mr. Jacobs, Mr. Myers of Indiana, Mr. Tejeda, Mr. Lewis of
Kentucky, and Mr. Shuster), [18AP]
Cosponsors added, [29AP], [2MY]
H.R. 3280--
A bill to amend the Safe Drinking Water Act to guarantee the public's
right to know about contaminants in their drinking water; to the
Committee on Commerce.
By Mr. WAXMAN, [18AP]
Cosponsors added, [10MY], [29MY], [4JN], [13JN], [17JN]
H.R. 3281--
A bill to authorize appropriations for fiscal year 1997 for certain
maritime programs of the Department of Transportation, and for other
purposes; to the Committee on National Security.
By Mr. BATEMAN (for himself and Mr. Taylor of Mississippi) (both by
request), [22AP]
H.R. 3282--
A bill to authorize expenditures for fiscal year 1997 for the operation
and maintenance of the Panama Canal, and for other purposes; to the
Committees on National Security; Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BATEMAN (for himself and Mr. Taylor of Mississippi) (both by
request), [22AP]
H.R. 3283--
A bill to require the Administrator of the Environmental Protection
Agency to issue a regulation that consolidates all environmental
laws administered by the Agency and health and safety laws
applicable to the construction, maintenance, and operation of above
ground storage tanks, and for other purposes; to the Committees on
Commerce; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. MORAN (for himself, Mrs. Morella, and Mr. Davis), [22AP]
Cosponsors added, [26JY]
H.R. 3284--
A bill for the relief of Nancy B. Wilson; to the Committee on the
Judiciary.
By Mr. LONGLEY, [22AP]
H.R. 3285--
A bill to amend title 38, United States Code, to restore the authority
of the Secretary of Veterans Affairs to establish research
corporations at medical centers in the Veterans Health
Administration; to the Committee on Veterans' Affairs.
By Mr. MONTGOMERY, [23AP]
H.R. 3286--
A bill to help families defray adoption costs, and to promote the
adoption of minority children; to the Committees on Ways and Means;
Resources; Economic and Educational Opportunities for a period
ending not later than April 30, 1996, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned.
By Ms. MOLINARI (for herself, Mr. Archer, Mr. Bunning of Kentucky, Ms.
Pryce, Mr. Solomon, Mr. Tiahrt, and Mr. Shaw), [23AP]
Cosponsors added, [25AP], [29AP], [30AP], [1MY], [2MY]
Reported with amendment (H. Rept. 104-542, part 1), [30AP]
Committee discharged, [30AP]
Reported with amendment (H. Rept. 104-542, part 2), [3MY]
Passed House amended, [10MY]
H.R. 3287--
A bill to direct the Secretary of the Interior to convey the Crawford
National Fish Hatchery to the city of Crawford, NE; to the Committee
on Resources.
By Mr. BARRETT of Nebraska, [23AP]
Reported with amendment (H. Rept. 104-700), [24JY]
Rules suspended. Passed House amended, [30JY]
Passed Senate, [19SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-215] (signed October 1, 1996)
H.R. 3288--
A bill to direct that funds appropriated to the Department of Defense
for fiscal year 1996 for certain medical research relating to
illnesses suffered by veterans who served in the Persian Gulf war
shall be obligated in accordance with peer review procedures of the
Food and Drug Administration; to the Committee on National Security.
By Mr. BROWDER, [23AP]
H.R. 3289--
A bill to grant jurisdiction to the States over new gambling activities
conducted on Indian lands; to the Committee on Resources.
By Mr. BROWDER, [23AP]
H.R. 3290--
A bill to authorize appropriations for the Bureau of Land Management for
each of the fiscal years 1997 through 2002; to the Committee on
Resources.
By Mr. COOLEY (for himself, Mr. Young of Alaska, Mr. Hansen, and Mr.
Regula), [23AP]
Reported (H. Rept. 104-658), [8JY]
H.R. 3291--
A bill to require the President to submit a separately identified
appropriation request to provide priority funding for the national
parks of the United States, and for other purposes; to the Committee
on Government Reform and Oversight.
By Ms. DUNN of Washington, [23AP]
H.R. 3292--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of qualified acupuncturist services under part B of the
Medicare Program, and to amend title 5, United States Code, to
provide for coverage of such services under the Federal Employees
Health Benefits Program; to the Committees on Commerce; Ways and
Means; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HINCHEY (for himself, Mr. Filner, Mr. DeFazio, and Mr.
Dellums), [23AP]
Cosponsors added, [9SE], [27JN]
H.R. 3293--
A bill to amend title XIV of the Public Health Service Act (commonly
known as the Safe Drinking Water Act) to establish a screening
program for estrogenic substances; to the Committee on Commerce.
By Mrs. LOWEY, [23AP]
Cosponsors added, [7MY], [16MY], [30MY]
H.R. 3294--
A bill to amend the Foreign Assistance Act of 1961 to withhold U.S.
assistance from countries determined to be violating the human
rights of working children, and for other purposes; to the Committee
on International Relations.
By Mr. MORAN (for himself, Mr. Kennedy of Massachusetts, Mr. Frazer,
Mr. Green of Texas, Ms. Norton, Mr. Stupak, Mr. Bryant of Texas, Mr.
Wilson, Mr. Lipinski, Mr. Rangel, Ms. Kaptur, Mr. Sanders, and Ms.
McKinney), [23AP]
Cosponsors added, [25AP], [30AP], [7MY], [21MY], [22MY], [23MY],
[29MY], [5JN], [10JN], [18JN], [11JY], [26JY]
H.R. 3295--
A bill to amend title 5, United States Code, to extend the treatment
currently afforded to Federal judges under the Federal Employees
Group Life Insurance Program to certain other judicial officials,
and for other purposes; to the Committees on the Judiciary;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. MORELLA, [23AP]
H.R. 3296--
A bill to amend the Family and Medical Leave Act of 1993 to apply the
same employer requirements to all persons; to the Committees on
Economic and Educational Opportunities; Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. NETHERCUTT (for himself, Mr. Calvert, Ms. Lofgren, Mr. Weller,
Ms. Dunn of Washington, Mr. Bereuter, and Mr. Skeen), [23AP]
Cosponsors added, [16MY]
H.R. 3297--
A bill to provide for improved access to and use of the Boundary Waters
Canoe Area Wilderness, and for other purposes; to the Committee on
Resources.
By Mr. OBERSTAR, [23AP]
H.R. 3298--
A bill to provide for the establishment of the Voyageurs National Park
Intergovernmental Council, and for other purposes; to the Committee
on Resources.
By Mr. OBERSTAR, [23AP]
H.R. 3299--
A bill to amend the Federal Water Pollution Control Act to allow certain
States, including the territories of the United States, to apply for
waivers from secondary treatment requirements for certain ocean
discharges, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. ROMERO-BARCELO (for himself and Mr. Underwood), [23AP]
Cosponsors added, [7MY]
H.R. 3300--
A bill to amend title 10, United States Code, to prohibit the Department
of Defense from selling, renting, or otherwise providing sexually
explicit material to any individual; to the Committee on National
Security.
By Mr. SMITH of New Jersey (for himself, Mr. Bartlett of Maryland, and
Mr. Dornan), [23AP]
Cosponsors added, [30AP], [1MY], [8MY]
[[Page 2887]]
H.R. 3301--
A bill to amend the Community Reinvestment Act of 1977 to require
consideration of a depository institution's record with regard to
the number and amount of fees imposed by the institution on consumer
accounts and consumer transactions, and for other purposes; to the
Committee on Banking and Financial Services.
By Ms. WATERS, [23AP]
H.R. 3302--
A bill to amend the Federal Deposit Insurance Act to provide additional
deposit insurance coverage for accounts at depository institutions
which reduce net fee income in any year by 50 percent or more, and
for other purposes; to the Committee on Banking and Financial
Services.
By Ms. WATERS, [23AP]
H.R. 3303--
A bill to establish a national oceanographic partnership program to
promote the national goals of assuring national security, advancing
economic development, protecting quality of life, and strengthening
science education through oceanographic research and development; to
the Committees on Resources; National Security; Science, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. WELDON of Pennsylvania (for himself and Mr. Kennedy of Rhode
Island), [23AP]
Cosponsors added, [24AP], [8MY], [14MY], [22MY], [29MY], [19JN],
[16JY], [29JY], [12JN]
H.R. 3304--
A bill to amend the Water Resources Development Act of 1986 and the
Internal Revenue Code of 1986 to authorize expenditures from the
harbor maintenance trust fund for certain beach erosion projects; to
the Committees on Transportation and Infrastructure; Ways and Means,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. WELDON of Florida, [23AP]
H.R. 3305--
A bill to recognize the heritage of certain areas of the United States,
and for other purposes; to the Committee on Resources.
By Mr. HEFLEY, [24AP]
Cosponsors added, [9MY]
H.R. 3306--
A bill to amend the Internal Revenue Code of 1986 to provide that the
compensation of certain election officials and election workers
which is exempt from Social Security taxes shall also be exempt from
income taxes, and for other purposes; to the Committee on Ways and
Means.
By Mr. GEKAS, [24AP]
H.R. 3307--
A bill to amend title 5, United States Code, to provide for a limitation
on sanctions imposed by agencies and for other purposes; to the
Committee on the Judiciary.
By Mr. GEKAS (for himself, Mr. Moorhead, Mr. Sensenbrenner, Mr. Coble,
Mr. Smith of Texas, Mr. Inglis of South Carolina, Mr. Hoke, Mr.
Bono, Mr. Bryant of Tennessee, Mr. Barr, Mr. Talent, Mr. Tauzin, and
Mr. Zeliff), [24AP]
Cosponsors added, [29MY], [19JN], [4SE], [5SE], [11SE], [18SE], [6JN],
[27JN], [6JN], [27JN]
Reported with amendments (H. Rept. 104-859), [28SE]
H.R. 3308--
A bill to amend title 10, United States Code, to limit the placement of
U.S. forces under U.N. operational or tactical control, and for
other purposes; to the Committees on National Security;
International Relations, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. LONGLEY (for himself, Mr. Armey, Mr. DeLay, Mr. Cox, Mr.
Spence, Mr. Gilman, Mr. Buyer, Mr. Chambliss, Mr. Cunningham, Mr.
Dornan, Mr. Everett, Mr. Hansen, Mr. Hefley, Mr. Herger, Mr.
Hilleary, Mr. Hoke, Mr. Hostettler, Mr. Hunter, Mr. Jones, Mr. Kim,
Mr. McKeon, Mr. Metcalf, Mr. Radanovich, Mr. Saxton, Mr. Talent, Mr.
Thornberry, Mr. Tiahrt, Mr. Torkildsen, Mr. Watts of Oklahoma, and
Mr. Weldon of Pennsylvania), [24AP]
Reported (H. Rept. 104-642, part 1), [27JN]
Referral to the Committee on Interantional Relations extended, [27JN]
Committee discharged, [27JN]
Passed House amended, [5SE]
H.R. 3309--
A bill to authorize the establishment of a pilot program to provide
environmental assistance to non-Federal interests in the Chesapeake
Bay watershed, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. BATEMAN, [24AP]
H.R. 3310--
A bill to amend title 5, United States Code, to deny Federal retirement
annuities to Members of Congress convicted of any felony, and for
other purposes; to the Committee on House Oversight.
By Mr. DICKEY, [24AP]
Cosponsors added, [6MY], [9MY], [14MY], [30MY], [20JN], [6JN]
H.R. 3311--
A bill to amend title 5, United States Code, to provide that civilian
employees of the National Guard may not be required to wear military
uniforms while performing civilian service; to the Committees on
Government Reform and Oversight; National Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. EVANS, [24AP]
Cosponsors added, [7MY], [21MY], [29MY], [30MY], [2AU], [17SE], [27SE]
H.R. 3312--
A bill to expand the authority of the Department of Defense to donate
unusable food; to the Committee on National Security.
By Ms. HARMAN, [24AP]
H.R. 3313--
A bill to amend the Goals 2000--Educate America Act, to allow local
educational agencies to participate in certain programs if the State
in which the agency is located does not participate; to the
Committee on Economic and Educational Opportunities.
By Mr. MORAN (for himself, Mr. Payne of Virginia, Mr. Scott, Mr.
Boucher, Mr. Pickett, Mr. Williams, Mr. Martinez, Ms. Pelosi, Mr.
Browder, Ms. Woolsey, and Mr. Miller of California), [24AP]
H.R. 3314--
A bill to assess the impact of the NAFTA, to require further negotiation
of certain provisions of the NAFTA, to establish a commission to
review the dispute settlement reports of the World Trade
Organization, and for other purposes; to the Committees on Ways and
Means; Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. REGULA, [24AP]
H.R. 3315--
A bill to amend the Internal Revenue Code of 1986 to provide that the
rate of tax on liquefied natural gas shall be equivalent to the rate
of tax on compressed natural gas; to the Committee on Ways and
Means.
By Mr. THORNBERRY, [24AP]
H.R. 3316--
A bill to amend the Internal Revenue Code of 1986 to revise the
treatment of deferred compensation plans of State and local
governments, and for other purposes; to the Committee on Ways and
Means.
By Mr. VENTO, [24AP]
Cosponsors added, [15MY], [12JN]
H.R. 3317--
A bill to establish the Yellowstone River Valley Heritage Area in the
States of Montana, North Dakota, and Wyoming; to the Committee on
Resources.
By Mr. WILLIAMS, [24AP]
H.R. 3318--
A bill to establish the Southwest Montana Heritage and Recreation Area
in the State of Montana; to the Committee on Resources.
By Mr. WILLIAMS, [24AP]
H.R. 3319--
A bill to require that the United States promptly sue for recovery of
costs and damages for the cleanup of the Stepan Property Superfund
Site in Bergen County, NJ; to the Committee on the Judiciary.
By Mr. ZIMMER, [24AP]
H.R. 3320--
A bill to name the Mountain Home Department of Veterans Affairs medical
center in Johnson City, TN, as the ``James H. Quillen Department of
Veterans Affairs Medical Center''; to the Committee on Veterans'
Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Duncan, Mr. Wamp, Mr.
Hilleary, Mr. Clement, Mr. Gordon, Mr. Bryant of Tennessee, Mr.
Tanner, Mr. Ford, Mr. Solomon, Mr. Parker, Mr. Smith of New Jersey,
Mr. Bilirakis, Mr. Spence, Mr. Hutchinson, Mr. Everett, Mr. Buyer,
Mr. Quinn, Mr. Bachus, Mr. Stearns, Mr. Ney, Mr. Fox, Mr. Flanagan,
Mr. Barr, Mr. Weller, Mr. Hayworth, Mr. Cooley, Mr. Schaefer, Mr.
Evans, Mr. Kennedy of Massachusetts, Mr. Edwards, Mr. Filner, Mr.
Tejeda, Mr. Gutierrez, Mr. Baesler, Mr. Bishop, Mr. Clyburn, Ms.
Brown of Florida, Mr. Doyle, and Mr. Mascara), [25AP]
H.R. 3321--
A bill to amend title 38, United States Code, to expand the authority of
the Secretary of Veterans Affairs to enter into sharing agreements
relating to use of health care resources; to the Committee on
Veterans' Affairs.
By Mr. WELLER, [25AP]
H.R. 3322--
A bill to authorize appropriations for fiscal year 1997 for civilian
science activities of the Federal Government, and for other
purposes; to the Committees on Science; Resources; Transportation
and Infrastructure; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. WALKER (for himself, Mr. Sensenbrenner, Mrs. Morella, Mr.
Rohrabacher, and Mr. Schiff), [25AP]
Reported (H. Rept. 104-550, part 1), [1MY]
Referral to the Committees on Transportation and Infrastructure;
National Security; and Resources extended, [1MY]
Committees on Transportation and Infrstructure; National Security
discharged, [6MY]
Passed House amended, [30MY]
H.R. 3323--
A bill to promote the naturalization of eligible individuals by making
the administration of oaths of allegiance more efficient, improving
the dissemination of information about eligibility and requirements
for naturalization, making grants for citizenship preparation, and
requiring the Attorney General periodically to consult with
appropriate private organizations, and for other purposes; to the
Committee on the Judiciary.
By Mr. BECERRA (for himself, Mr. Pastor, Mr. Diaz-Balart, Mr. Serrano,
Ms. Velazquez, Mr. Torres, Ms. Roybal-Allard, Mr. Richardson, Mr.
Martinez, Mr. Berman, Ms. Lofgren, Mr. Farr, Mr. Matsui, Ms. Waters,
Mrs. Mink of Hawaii, Mr. Green of Texas, Mr. Filner, Mr. Tejeda, Mr.
Ortiz, Mr. Romero-Barcelo, Mr. de la Garza, Mr. Gutierrez, Mr.
Underwood, Mr. Conyers, Mr. Nadler, Mr. Schumer, Mr. McDermott, Ms.
Ros-Lehtinen, and Mr. Watt of North Carolina), [25AP]
H.R. 3324--
A bill to amend the General Educations Provisions Act to allow parents
access to certain information; to the Committee on Economic and
Educational Opportunities.
By Mr. TIAHRT (for himself, Mr. Lewis of Kentucky, Mr. Talent, Mr.
Graham, Mr. Lipinski, Mr. Cooley, Mr. Largent, Mr. Stockman, Mr.
Coburn, Mr. Gutknecht, Mr. Hutchinson, Mr. Bartlett of Maryland, Mr.
Emerson, and Mr. Souder), [25AP]
Cosponsors added, [9MY], [19JN]
H.R. 3325--
A bill to provide certain technical assistance to the Chickasaw Basin
Authority; to the Committee on Agriculture.
By Mr. BRYANT of Tennessee, [25AP]
H.R. 3326--
A bill to amend the Fair Labor Standards Act of 1938 to adjust the
maximum hour exemption for agricultural employees, and for other
purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. CRAPO, [25AP]
[[Page 2888]]
Cosponsors added, [7MY], [21MY]
H.R. 3327--
A bill to amend title 10, United States Code, to provide that U.S.
nationals should be eligible for advanced training in, and for
financial assistance as members of, the Senior Reserve Officers'
Training Corps; to the Committee on National Security.
By Mr. FALEOMAVAEGA, [25AP]
H.R. 3328--
A bill to amend title 18, United States Code, to prohibit sports agents
from influencing college athletes; to the Committee on the
Judiciary.
By Mr. GORDON, [25AP]
Cosponsors added, [20MY], [17JN], [24JN]
H.R. 3329--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
which may be expensed with respect to certain depreciable business
assets; to the Committee on Ways and Means.
By Mr. HILLIARD, [25AP]
H.R. 3330--
A bill to amend the Internal Revenue Code of 1986 to increase the
deduction for health insurance costs of self-employed individuals;
to the Committee on Ways and Means.
By Mr. HILLIARD, [25AP]
H.R. 3331--
A bill to amend the Public Health Service Act to expand and intensify
programs of the National Institutes of Health with respect to
research and related activities concerning osteoporosis and related
bone diseases; to the Committee on Commerce.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mrs. Morella, Mr.
Hayes, Mr. Green of Texas, Ms. Waters, Mr. Hilliard, Mrs. Meek of
Florida, Mr. Frost, Mrs. Clayton, Ms. Lofgren, Ms. Norton, Mr.
Frazer, Mr. Thompson, Mr. Towns, Miss Collins of Michigan, Mr.
Evans, and Mrs. Kennelly), [25AP]
Cosponsors added, [30MY], [26JN], [11JY], [17JY]
H.R. 3332--
A bill to amend the Internal Revenue Code of 1986 to increase the child
care credit and eliminate the exclusion of certain income of and the
special dividends received deduction with respect to foreign sales
corporations; to the Committee on Ways and Means.
By Ms. McKINNEY, [25AP]
Cosponsors added, [14MY], [21MY], [29MY], [30MY], [10JN], [11JN],
[11JY], [17JY], [28SE]
H.R. 3333--
A bill to amend the Internal Revenue Code of 1986 to reduce by 50
percent certain tax benefits allowable to profitable large
corporations which make certain workforce reductions; to the
Committees on Ways and Means; International Relations; Banking and
Financial Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. McKINNEY, [25AP]
H.R. 3334--
A bill to amend the Communications Act of 1934 to require broadcasters
to participate in drug and substance abuse information and education
efforts as part of their public service obligations; to the
Committee on Commerce.
By Mr. MICA (for himself, Mr. Rangel, Mr. Souder, and Mr. Zeliff),
[25AP]
H.R. 3335--
A bill to make certain administrative reforms relating to the Federal
Railroad Administration and to make further improvements to the laws
governing railroad safety; to the Committee on Transportation and
Infrastructure.
By Ms. MOLINARI, [25AP]
H.R. 3336--
A bill to provide for temporary authority to waive the reduction for
early retirement under the Civil Service Retirement System to assist
the District of Columbia government in its work force downsizing
efforts, and for other purposes; to the Committee on Government
Reform and Oversight.
By Ms. NORTON, [25AP]
H.R. 3337--
A bill to extend certain Medicare community nursing organization
demonstration projects; to the Committees on Ways and Means;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. RAMSTAD (for himself, Mr. Houghton, Mr. Gutknecht, Mr. Kolbe,
Mr. Pastor, Mr. Ewing, Mr. Manton, Mr. Vento, and Mr. Luther),
[25AP]
Cosponsors added, [16MY], [21MY], [23MY], [29MY], [4JN], [20JN],
[16JY], [2AU], [5SE], [11SE], [27JN]
H.R. 3338--
A bill to reform antimicrobial pesticide registration, and for other
purposes; to the Committee on Agriculture.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. de la Garza, and Mr.
Condit), [25AP]
Cosponsors added, [9MY], [29MY], [13JN], [19JN], [20JN], [11JY],
[23JY], [2AU], [6JN], [27JN], [6JN], [27JN]
H.R. 3339--
A bill to designate certain lands in Rocky Mountain National Park as
wilderness, and for other purposes; to the Committee on Resources.
By Mr. SKAGGS, [25AP]
H.R. 3340--
A bill to amend the National Flood Insurance Act of 1968 to provide for
corrections to flood maps erroneously including certain areas within
a special flood hazards area; to the Committee on Banking and
Financial Services.
By Mr. SMITH of Michigan, [25AP]
Cosponsors added, [22MY], [24JY]
H.R. 3341--
A bill to amend the Controlled Substances Act to provide an enhanced
penalty for distributing a controlled substance with the intent to
facilitate a rape or sexual battery; to the Committees on the
Judiciary; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SOLOMON, [25AP]
Cosponsors added, [18JN]
H.R. 3342--
A bill to amend the Internal Revenue Code of 1986 to assist in assuring
health coverage for workers over 55 who leave employment; to the
Committee on Ways and Means.
By Mr. STARK, [25AP]
H.R. 3343--
A bill to amend the Internal Revenue Code of 1986 to repeal the
withholding of income taxes and to require individuals to pay
estimated taxes on a monthly basis; to the Committee on Ways and
Means.
By Mr. STEARNS (for himself, Mr. Armey, Mr. Shadegg, Mr. Stump, Mr.
Weldon of Florida, and Mr. Norwood), [25AP]
Cosponsors added, [7MY]
H.R. 3344--
A bill to authorize the conveyance of the Coast Guard Presque Isle Light
Station to Presque Isle Township, Presque Isle County, MI; to the
Committee on Transportation and Infrastructure.
By Mr. STUPAK, [25AP]
H.R. 3345--
A bill to amend the Internal Revenue Code of 1986 to reduce the tax
incentives for the production of alcohol for fuel use; to the
Committee on Ways and Means.
By Mr. TATE (for himself, Mr. Gibbons, Mr. Brewster, Mrs. Smith of
Washington, Mr. Stark, Mr. Pete Geren of Texas, Mr. Meehan, Mr.
English of Pennsylvania, Mr. Castle, Mr. Baker of Louisiana, Mr.
Fields of Texas, Mr. Coleman, Mr. Barton of Texas, Mr. Greenwood,
Mr. Bentsen, Mr. Baker of California, Mr. Franks of New Jersey, Mr.
Frank of Massachusetts, Mr. Wamp, Mr. Chapman, Mr. Zimmer, Mr.
Thompson, Mr. Hoekstra, Mr. Livingston, Ms. Greene of Utah, Mr.
Davis, Mr. Moran, Mrs. Vucanovich, Mr. Blute, Mr. Sam Johnson, Mr.
Frelinghuysen, Mr. Foglietta, Mrs. Lowey, Mr. LoBiondo, Mr.
Stenholm, Mr. Green of Texas, Mr. Horn, Mr. Lewis of California, Mr.
Shuster, Mr. Chabot, Mr. Montgomery, Mr. Clinger, Mr. Ackerman, Mr.
Bonilla, Mr. Ensign, Mr. Moorhead, Mr. McCrery, Mr. Mica, Mr.
Zeliff, Mr. Shays, Mr. Miller of Florida, Mr. Smith of New Jersey,
and Mr. Hilleary), [25AP]
Cosponsors added, [10MY], [5JN]
H.R. 3346--
A bill to require the Secretary of Veterans Affairs to develop a plan
for allocation of health care resources by the Department of
Veterans Affairs; to the Committee on Veterans' Affairs.
By Mrs. THURMAN (for herself, Ms. Brown of Florida, Mr. Foley, Mr.
Bilirakis, Mr. Hastings of Florida, Mr. Miller of Florida, Mr. Mica,
Mr. Canady, and Mr. Weldon of Florida), [25AP]
Cosponsors added, [1MY], [20MY], [23MY], [26JN], [11JY]
H.R. 3347--
A bill to amend the Stewart B. McKinney Homeless Assistance Act to
revise and extend programs providing urgently needed assistance for
the homeless, and for other purposes; to the Committee on Banking
and Financial Services.
By Mr. VENTO (for himself, Mr. Gonzalez, and Mr. Kennedy of
Massachusetts), [25AP]
H.R. 3348--
A bill to direct the President to establish standards and criteria for
the provision of major disaster and emergency assistance in response
to snow-related events; to the Committee on Transportation and
Infrastructure.
By Mr. QUINN (for himself, Mr. Solomon, Mr. Stupak, Mr. Boehlert, Mr.
Rangel, Mr. Towns, Mr. Mascara, Mr. Clinger, Mr. Kildee, Mr. Holden,
Mr. Traficant, Mrs. Kelly, Mrs. Lowey, Mr. Torkildsen, Mr. King, Mr.
Hinchey, Mr. Kennedy of Rhode Island, Mr. Goodling, Mr. Gilman, Mr.
Blute, and Mr. Petri), [29AP]
Cosponsors added, [7MY], [9MY], [14MY], [29MY], [11SE]
Reported with amendment (H. Rept. 104-792), [17SE]
Rules suspended. Passed House amended, [18SE]
H.R. 3349--
A bill to amend the Housing and Community Development Act of 1974 and
the Federal Home Loan Bank Act to authorize Federal Home Loan Banks
to make advances for community development activities to units of
general local government and for such advances to be guaranteed by
community development block grant amounts to which such units of
local government become eligible, to expand the community
participation requirements relating to community development loan
guarantees to include participation of major community stakeholders,
and for other purposes; to the Committee on Banking and Financial
Services.
By Mr. FATTAH (for himself, Mr. Romero-Barcelo, Mr. Filner, Mr.
Hastings of Florida, Ms. Jackson-Lee, Ms. Eddie Bernice Johnson of
Texas, Ms. McKinney, Ms. Norton, Mr. Thompson, and Mr. Towns),
[30AP]
Cosponsors added, [19JN]
H.R. 3350--
A bill to extend contracts between the Bureau of Reclamation and
irrigation districts in Kansas and Nebraska, and for other purposes;
to the Committee on Resources.
By Mr. BARRETT of Nebraska (for himself, Mr. Roberts, Mr. Bereuter,
and Mr. Christensen), [30AP]
H.R. 3351--
A bill to establish a Corporate Independence Commission, and for other
purposes; to the Committees on Ways and Means; Rules, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. FOGLIETTA (for himself, Mr. Bonior, Mr. Waxman, Ms. McKinney,
Mr. Rahall, Mr. Kleczka, Mr. Watt of North Carolina, Mr. Minge, Mr.
Moran, Mr. Lantos, Mr. Kennedy of Massachusetts, Mr. Coleman, Ms.
Norton, Mr. Barrett of Wisconsin, Mr. Evans, Ms. Rivers, Mr. Filner,
Mr. Deutsch, Mr. Serrano, Mr. Lipinski, and Mr. Hinchey), [30AP]
Cosponsors added, [11JN], [12JY], [18JY]
H.R. 3352--
A bill to award a Congressional Gold Medal to representatives of Varian
Fry in recognition of the tremendous effort he made at great
personal risk to secure the escape of thousands of trapped Jewish
artists, writers, and intellectuals from the Nazis in Europe and the
greatly detrimental treatment he received at the hands of the U.S.
Government as a result; to the Committee on Banking and Financial
Services.
By Mr. HASTINGS of Florida, [30AP]
Cosponsors added, [11JY]
H.R. 3353--
A bill to establish a commission to study employment and economic
insecurity in the work
[[Page 2889]]
force in the United States; to the Committee on Economic and
Educational Opportunities.
By Mr. HASTINGS of Florida, [30AP]
Cosponsors added, [11JY], [25SE]
H.R. 3354--
A bill to provide for the reorganization of the Bureau of Indian
Affairs, and for other purposes; to the Committee on Resources.
By Mr. HAYWORTH, [30AP]
Cosponsors added, [9MY], [29MY], [10JN], [20JN]
H.R. 3355--
A bill to require Medicare providers to disclose publicly, staffing and
performance, in order to promote improved consumer information and
choice, to protect employees of Medicare providers who report
concerns about the safety and quality of services provided by
Medicare providers or who report violations of Federal or State law
by those providers, and to require review of the impact on public
health and safety of proposed mergers and acquisitions of Medicare
providers; to the Committees on Ways and Means; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. HINCHEY, [30AP]
Cosponsors added, [17JY], [2AU], [9SE], [19SE], [24SE], [3OC]
H.R. 3356--
A bill to specify that States may waive certain requirements relating to
commercial motor vehicle operators under chapter 313 of title 49,
United States Code, with respect to the operators of certain farm
vehicles, and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. JOHNSON of South Dakota (for himself and Mr. Lightfoot), [30AP]
Cosponsors added, [22MY], [18SE]
H.R. 3357--
A bill to amend title II of the Social Security Act to provide for an
increase of up to 5 in the number of years disregarded in
determining average annual earnings on which benefit amounts are
based upon a showing of preclusion from renumerative work during
such years occasioned by need to provide child care or care to a
chronically dependent relative; to the Committee on Ways and Means.
By Mrs. LOWEY, [30AP]
Cosponsors added, [30MY], [23JY]
H.R. 3358--
A bill to amend title II of the Social Security Act to repeal the 7-year
restriction on eligibility for widow's and widower's insurance
benefits based on disability; to the Committee on Ways and Means.
By Mrs. LOWEY, [30AP]
Cosponsors added, [30MY], [23JY]
H.R. 3359--
A bill to amend title II of the Social Security Act to provide for
increases in widow's and widower's insurance benefits by reason of
delayed retirement; to the Committee on Ways and Means.
By Mrs. LOWEY, [30AP]
Cosponsors added, [30MY], [23JY]
H.R. 3360--
A bill to amend title II of the Social Security Act to eliminate the 2-
year waiting period for divorced spouse's benefits following the
divorce; to the Committee on Ways and Means.
By Mrs. LOWEY, [30AP]
Cosponsors added, [30MY], [23JY]
H.R. 3361--
A bill to amend title II of the Social Security Act to provide for full
benefits for disabled widows and widowers without regard to age; to
the Committee on Ways and Means.
By Mrs. LOWEY, [30AP]
Cosponsors added, [30MY], [23JY]
H.R. 3362--
A bill to increase access of State child support enforcement agencies to
certain financial information of noncustodial parents, and to
encourage States to improve their enforcement of child support
obligations; to the Committees on Ways and Means; Banking and
Financial Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. MALONEY, [30AP]
Cosponsors added, [15MY], [30MY], [13JN], [11JY], [18JY], [6JN]
H.R. 3363--
A bill to establish within the Department of the Navy a mission to
enhance and increase knowledge of the oceans; to the Committee on
National Security.
By Mr. McDADE, [30AP]
H.R. 3364--
A bill to designate a U.S. Courthouse in Scranton, PA, as the ``William
J. Nealon United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Mr. McDADE, [30AP]
Reported with amendments (H. Rept. 104-611), [6JN]
Rules suspended. Passed House amended, [10JN]
Passed Senate, [27JN]
Presented to the President (July 2, 1996)
Approved [Public Law 104-160] (signed July 9, 1996)
H.R. 3365--
A bill to redesignate the Black Canyon of the Gunnison National Monument
as a national park, to establish the Gunnison Gorge National
Conservation Area, to establish the Curecanti National Recreation
Area, to establish the Black Canyon of the Gunnison National Park
Complex, and for other purposes; to the Committee on Resources.
By Mr. McINNIS, [30AP]
H.R. 3366--
A bill to direct the Secretary of Interior to convey the Collbran
reclamation project to the Ute Water Conservancy District and the
Collbaran Conservancy District; to the Committees on Resources;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McINNIS, [30AP]
H.R. 3367--
A bill to amend the National Highway System Designation Act of 1995 to
increase the number of States that may participate in the State
infrastructure bank pilot program authorized by that act; to the
Committee on Transportation and Infrastructure.
By Mr. SCHUMER, [30AP]
Cosponsors added, [16MY]
H.R. 3368--
A bill to permit retired members of the Armed Forces and their
dependents who are entitled to Medicare to enroll in the Federal
Employees Health Benefits Program; to the Committees on National
Security; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STEARNS, [30AP]
Cosponsors added, [26SE]
H.R. 3369--
A bill to provide notice to employees when there are reductions in
business operations and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Ms. WATERS, [30AP]
Cosponsors added, [25JN]
H.R. 3370--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Top Gun; to the
Committee on Transportation and Infrastructure.
By Mr. CALLAHAN, [30AP]
H.R. 3371--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel White Wing; to the
Committee on Transportation and Infrastructure.
By Mr. GRAHAM, [30AP]
H.R. 3372--
A bill to provide for the recoupment to the highway trust fund of that
portion of Federal motor fuel taxes being deposited into the general
fund; to the Committee on Ways and Means.
By Mr. RAHALL (for himself, Mr. Oberstar, and Mr. Gibbons), [1MY]
Cosponsors added, [8MY], [14MY]
H.R. 3373--
A bill to amend title 38, United States Code, to improve certain
veterans' benefits programs, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. EVERETT (for himself, Mr. Evans, Mr. Stump, and Mr.
Montgomery), [1MY]
Cosponsors added, [10MY]
Reported (H. Rept. 104-572), [10MY]
Rules suspended. Passed House, [21MY]
H.R. 3374--
A bill to amend title XVIII of the Social Security Act to provide annual
and other opportunities for individuals enrolled under a Medicare-
select policy to change to a medigap policy without prejudice; to
the Committee on Commerce.
By Mr. BENTSEN, [1MY]
Cosponsors added, [22MY], [25JN], [31JY], [2AU], [19SE], [27JN]
H.R. 3375--
A bill to amend the Internal Revenue Code of 1986 to repeal the 1993
increase in motor fuels tax, and for other purposes; to the
Committees on Ways and Means; Commerce; National Security;
Government Reform and Oversight; Rules; Science, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. ROYCE, [1MY]
H.R. 3376--
A bill to authorize major medical facility projects and major medical
facility leases for the Department of Veterans Affairs for fiscal
year 1997, and for other purposes; to the Committee on Veterans'
Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Hutchinson, and Mr.
Edwards), [1MY]
Cosponsors added, [10MY]
Reported with amendment (H. Rept. 104-574), [14MY]
Rules suspended. Passed House amended, [4JN]
H.R. 3377--
A bill to amend the Federal Land Policy and Management Act of 1976 to
provide for determining tort liability of holders of rights-of-way
over Federal lands under the ordinary rules of negligence and to
clarify the exemption from right-of-way rental fees for certain
rural electric and telephone facilities; to the Committee on
Resources.
By Mr. COOLEY (for himself and Mr. DeFazio), [1MY]
H.R. 3378--
A bill to amend the Indian Health Care Improvement Act to extend the
demonstration program for direct billing of Medicare, Medicaid, and
other third party payors; to the Committees on Resources; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. YOUNG of Alaska, [1MY]
Cosponsors added, [21MY]
Reported (H. Rept. 104-742), [1AU]
Committee discharged, [1AU]
Rules suspended. Passed House, [4SE]
Passed Senate amended, [19SE]
House agreed to Senate amendment with an amendment (pursuant to H.
Res. 544), [27SE]
Senate agreed to House amendment to Senate amendments, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-313] (signed October 19, 1996)
H.R. 3379--
A bill to amend chapter 11 of title 31, United States Code, to require
that each President's budget submission to Congress include a
detailed plan to achieve a balanced Federal budget, and for other
purposes; to the Committees on Government Reform and Oversight;
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CONDIT, [1MY]
Cosponsors added, [7MY], [10MY], [15MY], [22MY], [30MY], [31MY]
H.R. 3380--
A bill to authorize substitution for drawback purposes of certain types
of fibers and yarns for use in the manufacture of carpets and rugs;
to the Committee on Ways and Means.
By Mr. DEAL of Georgia, [1MY]
H.R. 3381--
A bill to amend the Internal Revenue Code of 1986 and the Social
Security Act to
[[Page 2890]]
provide tax incentives for the purchase of long-term care insurance
and to establish consumer protection standards for such insurance;
to the Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. DURBIN, [1MY]
H.R. 3382--
A bill to promote safe streets by preventing the further sale of illegal
assault weapons and large capacity ammunition feeding devices, and
to provide for mandatory prison terms for possessing, brandishing,
or discharging a firearm during the commission of a Federal crime;
to the Committee on the Judiciary.
By Mr. FRISA, [1MY]
H.R. 3383--
A bill to amend the Fair Labor Standards Act of 1938 to increase the
minimum wage rate under that act and to implement a new work
opportunity tax credit, and for other purposes; to the Committees on
Economic and Educational Opportunities; Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HOUGHTON (for himself and Mr. Roberts), [1MY]
Cosponsors added, [8MY], [9MY]
H.R. 3384--
A bill to amend the Internal Revenue Code of 1986 to provide for the
deposit of the general revenue portion of the motor fuel excise
taxes into the highway trust fund and airport and airway trust fund,
and for other purposes; to the Committee on Ways and Means.
By Mr. LaTOURETTE, [1MY]
Cosponsors added, [8MY], [19JN]
H.R. 3385--
A bill to affirm the role of the States in setting reasonable occupancy
standards, and for other purposes; to the Committee on Banking and
Financial Services.
By Mr. McCOLLUM (for himself, Mr. Lazio of New York, Mrs. Roukema, Mr.
Bereuter, Mr. Baker of Louisiana, Mr. Bentsen, Mr. Hayworth, Mr.
Stockman, Mr. Bliley, Mr. Frelinghuysen, Mr. Goodlatte, Mr. Green of
Texas, Mr. Livingston, Mr. Moran, Mrs. Myrick, Mr. Pickett, Ms.
Pryce, and Mr. Shadegg), [1MY]
Cosponsors added, [29MY], [4SE], [10JY]
H.R. 3386--
A bill to amend title 28, United States Code, to require prosecutors in
the Department of Justice to be ethical; to the Committee on the
Judiciary.
By Mr. McDADE, [1MY]
Cosponsors added, [23MY]
H.R. 3387--
A bill to designate the Southern Piedmont Conservation Research Center
located at 1420 Experimental Station Road in Watkinsville, GA, as
the ``J. Phil Campbell, Senior Natural Resource Conservation
Center''; to the Committee on Resources.
By Mr. NORWOOD (for himself and Mr. Linder), [1MY]
Committee discharged. Rereferred to the Committee on Agriculture,
[14MY]
Reported (H. Rept. 104-645), [27JN]
Passed House, [1AU]
H.R. 3388--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Hoptoad; to the
Committee on Transportation and Infrastructure.
By Mr. GEJDENSON, [1MY]
H.R. 3389--
A bill to reduce the unfunded liability of the teachers', firefighters',
police officers', and judges' pension funds of the District of
Columbia by increasing and extending the contributions of the
Federal Government to such funds, increasing employee contributions
to such funds, and establishing a single annual cost-of-living
adjustment for annuities paid from such funds, and for other
purposes; to the Committee on Government Reform and Oversight.
By Ms. NORTON, [2MY]
Cosponsors added, [10SE]
H.R. 3390--
A bill to reform occupancy standards for public and other federally
assisted housing to provide safer living environments and increased
local control, and for other purposes; to the Committee on Banking
and Financial Services.
By Mr. MORAN, [2MY]
H.R. 3391--
A bill to amend the Solid Waste Disposal Act to require at least 85
percent of funds appropriated to the Environmental Protection Agency
from the leaking underground storage tank trust fund to be
distributed to States for cooperative agreements for undertaking
corrective action and for enforcement of subtitle I of such act; to
the Committees on Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SCHAEFER (for himself, Mr. Stupak, Mr. Burr, Mr. Hefner, and
Mr. Bereuter), [2MY]
Cosponsors added, [8MY], [16MY], [23MY], [30MY], [26JN], [9JY],
[23JY], [31JY], [2AU], [17SE], [18SE], [6JN]
Reported with amendment (H. Rept. 104-822, part 1), [24SE]
Referral to the Committee on Ways and Means extended, [24SE]
Committee discharged, [24SE]
Rules suspended. Passed House amended, [25SE]
H.R. 3392--
A bill to require a separate, unclassified statement of the aggregate
amount of budget outlays for intelligence activities; to the
Committees on Government Reform and Oversight; Intelligence
(Permanent Select), for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. CONYERS (for himself, Mr. Miller of California, and Mr. Brown
of California), [6MY]
Cosponsors added, [7MY], [9MY], [10MY], [14MY], [15MY], [16MY],
[21MY], [23MY]
H.R. 3393--
A bill to amend the Animal Welfare Act to prevent the crime of pet
theft; to the Committee on Agriculture.
By Mr. FOX (for himself, Mr. Lantos, Mr. Abercrombie, Mr. Andrews, Mr.
Ballenger, Mr. Bryant of Tennessee, Mr. Calvert, Mr. Campbell, Mr.
Chabot, Mr. Dellums, Mr. Doyle, Mr. Engel, Mr. Farr, Mr. Foley, Mr.
Heineman, Mr. Holden, Mr. Horn, Mr. Jacobs, Mrs. Kelly, Mr. Kleczka,
Mr. LaTourette, Mr. Leach, Mr. Lewis of Georgia, Mr. Lipinski, Ms.
Lofgren, Mr. Manton, Mr. Miller of California, Mrs. Mink of Hawaii,
Mr. Pallone, Mr. Smith of New Jersey, Mr. Torres, Mr. Poshard, and
Mr. Barcia of Michigan), [7MY]
Cosponsors added, [8MY], [10MY], [16MY], [21MY], [4JN], [5JN], [8JY],
[11JY], [12JY], [22JY], [4SE], [18SE], [12JN], [10JY], [12JN],
[10JY]
H.R. 3394--
A bill to repeal the Low-Level Radioactive Waste Policy Act and to
provide new authority for the disposal of low-level radioactive
waste; to the Committee on Commerce.
By Mr. LEWIS of California (for himself and Mr. Stump), [7MY]
H.R. 3395--
A bill to amend the Internal Revenue Code of 1986 to provide a temporary
suspension of 4.3 cents per gallon in the rates of tax on gasoline
and diesel fuel; to the Committee on Ways and Means.
By Mr. BENTSEN, [7MY]
Cosponsors added, [21MY], [27JN]
H.R. 3396--
A bill to define and protect the institution of marriage; to the
Committee on the Judiciary.
By Mr. BARR (for himself, Mr. Largent, Mr. Sensenbrenner, Mrs. Myrick,
Mr. Volkmer, Mr. Skelton, Mr. Bryant of Tennessee, and Mr. Emerson),
[7MY]
Cosponsors added, [9MY], [14MY], [16MY], [22MY], [30MY], [5JN],
[13JN], [18JN], [26JN], [12JN], [27JN], [12JN], [27JN]
Cosponsors removed, [22MY]
Reported (H. Rept. 104-664), [9JY]
Passed House, [12JY]
Passed Senate, [10SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-199] (signed September 21, 1996)
H.R. 3397--
A bill to amend the Federal Election Campaign Act of 1971 to require
that contributions to candidates in odd-numbered years be from
individuals only; to the Committee on House Oversight.
By Mr. BARTON of Texas, [7MY]
H.R. 3398--
A bill to amend the Animal Welfare Act to ensure that all dogs and cats
used by research facilities are obtained legally; to the Committee
on Agriculture.
By Mr. CANADY (for himself, Mr. Brown of California, Mr. Dornan, Mr.
Hutchinson, Mr. Goss, Mr. Murtha, and Mr. Foley), [7MY]
Cosponsors added, [9MY], [5JN], [11JY], [23JY], [25SE], [12JN]
H.R. 3399--
A bill to authorize appropriations for the United States contribution to
the 10th replenishment of the resources of the International
Development Association, to authorize consent to and authorize
appropriations for the United States contribution to the fifth
replenishment of the resources of the African Development Bank, to
authorize consent to and authorize appropriations for a United
States contribution to the interest subsidy account of the successor
[ESAF II] to the Enhanced Structural Adjustment Facility of the
International Monetary Fund, and to provide for the establishment of
the Middle East Development Bank; to the Committees on Banking and
Financial Services; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CASTLE (by request), [7MY]
H.R. 3400--
A bill to designate the United States courthouse to be constructed at a
site on 18th Street between Dodge and Douglas Streets in Omaha, NE,
as the ``Roman L. Hruska United States Courthouse''; to the
Committee on Transportation and Infrastructure.
By Mr. CHRISTENSEN (for himself, Mr. Bereuter, Mr. Barrett of
Nebraska, and Mr. Gilchrest), [7MY]
Reported with amendments (H. Rept. 104-610), [6JN]
Rules suspended. Passed House amended, [10JN]
Passed Senate, [24SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-229] (signed October 2, 1996)
H.R. 3401--
A bill to allow postal patrons to contribute to funding for breast-
cancer research through the voluntary purchase of certain specially
issued U.S. postage stamps; to the Committees on Government Reform
and Oversight; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. FAZIO of California, [7MY]
Cosponsors added, [8MY], [14MY], [16MY], [29MY], [4JN], [24JN],
[26JN], [12JY], [18JY], [29JY], [31JY], [4SE], [11SE], [18SE],
[24SE], [26SE], [27SE], [12JN]
H.R. 3402--
A bill to amend section 8 of the United States Housing Act of 1937 to
provide for rental assistance payments to assist certain owners of
manufactured homes who rent the lots on which their homes are
located; to the Committee on Banking and Financial Services.
By Mr. FILNER, [7MY]
H.R. 3403--
A bill to amend title III of the Job Training Partnership Act to provide
employment and training assistance for individuals who work full
time at a plant, facility, or enterprise that is a part of an
economically depressed industry and is located in an economically
depressed area; to the Committee on Economic and Educational
Opportunities.
By Mr. FRANK of Massachusetts, [7MY]
H.R. 3404--
A bill to amend title VI of the Housing and Community Development Act of
1974 to establish a consensus committee for maintenance and
[[Page 2891]]
revision of the Federal manufactured home construction and safety
standards, and for other purposes; to the Committee on Banking and
Financial Services.
By Mr. McINTOSH, [7MY]
H.R. 3405--
A bill to designate a portion of the Sudbury, Assabet, and Concord
Rivers as a Component of the National Wild and Scenic Rivers System;
to the Committee on Resources.
By Mr. MEEHAN, [7MY]
H.R. 3406--
A bill to amend the Housing and Community Development Act of 1974 to
establish a consensus committee for development, revision, and
interpretation of manufactured housing construction standards; to
the Committee on Banking and Financial Services.
By Mr. ROEMER (for himself, Mr. Royce, Mr. Calvert, Mr. Gonzalez, Mr.
Heineman, Mr. Vento, Mr. Baker of California, Mr. King, Mr. Lewis of
California, Mr. McCollum, Mr. Kanjorski, Mr. Rohrabacher, Mr.
Stearns, Mr. Bono, Mr. Dooley, Mr. Bentsen, Mr. Largent, Mr. Minge,
Mr. Barrett of Wisconsin, Mr. Bilirakis, and Mr. Linder), [7MY]
H.R. 3407--
A bill to establish the Thrift Charter Merger Commission, and for other
purposes; to the Committees on Banking and Financial Services;
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ROTH, [7MY]
H.R. 3408--
A bill to amend title 10, United States Code, to revise the provisions
of law relating to payment of retired pay of retired members of the
Armed Forces to former spouses, and for other purposes; to the
Committee on National Security.
By Mr. SCARBOROUGH, [7MY]
H.R. 3409--
A bill to combat domestic terrorism; to the Committee on the Judiciary.
By Mr. SCHUMER (for himself and Mr. Conyers), [7MY]
Cosponsors added, [21MY], [1AU]
H.R. 3410--
A bill to amend the Internal Revenue Code of 1986 to encourage
production of oil and gas within the United States, to ease
regulatory burdens, and for other purposes; to the Committees on
Ways and Means; Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. THORNBERRY, [7MY]
Cosponsors added, [25JN], [23JY]
H.R. 3411--
A bill to protect the rights of the States and the people from abuse by
the Federal Government, to strengthen the partnership and the
intergovernmental relationship between State and Federal
Governments, to restrain Federal agencies from exceeding their
authority, to enforce the 10th amendment to the Constitution, and
for other purposes; to the Committees on the Judiciary; Rules, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. SHADEGG, [8MY]
H.R. 3412--
A bill to require the Secretary of the Interior to conduct a study of
the feasibility of establishing Calumet Ecological Park in the
vicinity of Chicago, IL; to the Committee on Resources.
By Mr. WELLER, [8MY]
Cosponsors added, [15MY]
H.R. 3413--
A bill to amend chapter 211 of title 49, United States Code, with
respect to hours of service of railroad employees, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. MARTINI (for himself and Mr. Franks of New Jersey), [8MY]
Cosponsors added, [25SE], [27SE]
H.R. 3414--
A bill to amend the Balanced Budget and Emergency Deficit Control Act of
1985 to provide for a sequestration of all budgetary accounts for
fiscal year 1997--except Social Security, Federal retirement, and
interest on the debt--equal to 5 percent of the OMB baseline; to the
Committee on the Budget.
By Mr. CAMPBELL, [8MY]
H.R. 3415--
A bill to amend the Internal Revenue Code of 1986 to repeal the 4.3-cent
increase in the transportation motor fuels excise tax rates enacted
by the Omnibus Budget Reconciliation Act of 1993 and dedicated to
the general fund of the Treasury; to the Committees on Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. SEASTRAND (for herself, Mr. Riggs, Mr. Royce, and Mr. Zimmer),
[8MY]
Reported (H. Rept. 104-576, part 1), [15MY]
Referral to the Committee on Commerce extended, [15MY]
Committee discharged, [16MY]
Passed House amended, [21MY]
H.R. 3416--
A bill to amend the Internal Revenue Code of 1986 to suspend the tax on
ozone-depleting chemicals used as propellants in metered-dose
inhalers; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Houghton, Mr. Herger,
Mrs. Kennelly, Mr. Crane, Mr. McCrery, Mr. Fox, Mr. Wilson, Mr.
Rohrabacher, and Mr. Calvert), [8MY]
Cosponsors added, [13JN]
H.R. 3417--
A bill to remove a restriction on the authority of the Secretary of
Agriculture to enter into agreements with other Federal agencies to
acquire goods and services directly related to improving or
utilizing the firefighting capability of the Forest Service; to the
Committee on Agriculture.
By Mr. GALLEGLY (for himself and Mr. Schiff), [8MY]
H.R. 3418--
A bill to amend title 38, United States Code, to provide authority for
the Secretary of Veterans Affairs to extend priority health care to
veterans who served during the Persian Gulf war in Israel or Turkey;
to the Committee on Veterans' Affairs.
By Mr. QUINN (for himself, Mr. Bachus, Mr. Doyle, Mr. Filner, Mr.
Buyer, Mr. Kennedy of Massachusetts, and Mr. Stearns), [8MY]
Cosponsors added, [10JY]
H.R. 3419--
A bill to require the Federal Communications Commission to prescribe
rules to protect public safety by preventing broadcasts that create
hazards for motorists; to the Committee on Commerce.
By Mr. VENTO, [8MY]
H.R. 3420--
A bill to amend the Internal Revenue Code of 1986 to suspend the 4.3-
cent general revenue portion of the fuel excise taxes; to the
Committees on Ways and Means; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. JACKSON-LEE, [8MY]
H.R. 3421--
A bill to require the imposition of increased tariffs on certain
products of the People's Republic of China until the President
certifies that that country is complying with its agreement with the
United States regarding protection of intellectual property rights;
to the Committee on Ways and Means.
By Ms. PELOSI (for herself, Mr. Bono, Mr. Gephardt, Mr. Cox, Mr.
Bonior, Mr. Solomon, Mr. Rangel, Mr. Gilman, Mr. Hyde, Mr.
Scarborough, Mr. Rohrabacher, Mr. Abercrombie, Mr. Barton of Texas,
Mr. Berman, Mr. Borski, Mr. Brown of Ohio, Mr. Bryant of Texas, Mr.
Cardin, Mr. DeFazio, Ms. DeLauro, Mr. Dellums, Mr. Dornan, Mr.
Doyle, Mr. Durbin, Mr. Ehrlich, Ms. Eshoo, Mr. Evans, Mr. Farr, Mr.
Foglietta, Mr. Frank of Massachusetts, Mr. Frost, Mr. Gejdenson, Mr.
Gonzalez, Mr. Gordon, Mr. Hastings of Florida, Mr. Hinchey, Mr.
Hobson, Ms. Jackson-Lee, Mr. Kanjorski, Ms. Kaptur, Mr. King, Mr.
Klink, Mr. Lantos, Mr. Levin, Mr. Lewis of Georgia, Mr. Markey, Mr.
Mascara, Ms. McKinney, Mrs. Meek of Florida, Mr. Miller of
California, Mrs. Mink of Hawaii, Mr. Murtha, Mr. Nadler, Mr. Obey,
Mr. Olver, Mr. Porter, Mr. Richardson, Mr. Rose, Mr. Rush, Mr.
Sanders, Mr. Schiff, Mrs. Schroeder, Mr. Sensenbrenner, Mr. Smith of
New Jersey, Mr. Stark, Mrs. Thurman, Mr. Waxman, Mr. Wolf, and Ms.
Woolsey), [8MY]
Cosponsors added, [10MY], [14MY], [22MY], [30MY], [5JN]
H.R. 3422--
A bill to amend chapter 1 of title 9 of the United States Code to permit
each party to certain contracts to accept or reject arbitration as a
means of settling disputes under the contracts; to the Committee on
the Judiciary.
By Mr. BONO (for himself, Mr. McCollum, Mr. Smith of Texas, Mr. Barr,
and Mr. Flanagan), [9MY]
Cosponsors added, [10MY], [25JN]
H.R. 3423--
A bill to provide that an individual may not serve more than two terms
as a member of any independent regulatory commission, and to
authorize an individual to continue to serve as a member of an
independent regulatory commission for not more than 1 year following
the expiration of the term of the individual; to the Committee on
Government Reform and Oversight.
By Mr. CAMPBELL (for himself, Mr. McIntosh, Mr. Clinger, Mr. Packard,
Mr. Bono, Mr. Upton, Mr. Horn, Mr. Scarborough, Mr. Largent, Mr.
Castle, and Mr. Zeliff), [9MY]
Cosponsors added, [10MY], [11JN], [19JN], [9JY], [6JN], [10JY], [6JN],
[10JY]
H.R. 3424--
A bill to amend the Agricultural Marketing Act of 1946 and the Packers
and Stockyards Act, 1921, to provide for increased regulation of
slaughterhouses; to the Committee on Agriculture.
By Mr. JOHNSON of South Dakota (for himself and Mr. Pomeroy), [9MY]
Cosponsors added, [16MY], [21MY], [22JY], [2AU], [6JN], [10JY], [6JN],
[10JY]
H.R. 3425--
A bill to amend the Internal Revenue Code of 1986 to require health
insurance coverage and group health plans that provide coverage of
childbirth to provide coverage for a minimum inpatient stay
following childbirth; to the Committee on Ways and Means.
By Mr. KLECZKA (for himself, Mr. Stark, Mr. Gibbons, Mr. Jacobs, Mr.
Pallone, Mr. Cardin, Mr. Matsui, Mr. Lewis of Georgia, Mr. Coyne,
Mrs. Kennelly, Mr. McDermott, Mr. Neal of Massachusetts, Mr. Payne
of Virginia, Mr. Rangel, Mr. McNulty, Mr. Levin, Mr. Ford, and Ms.
McKinney), [9MY]
Cosponsors added, [5JN], [25JN]
H.R. 3426--
A bill to amend title XVIII of the Social Security Act to apply
standards to outpatient physical therapy provided as an incident to
a physician's professional services; to the Committees on Commerce;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. KLUG (for himself, Mr. Stark, and Mr. Nussle), [9MY]
Cosponsors added, [11JN], [2AU], [25SE], [27SE]
H.R. 3427--
A bill to amend the Internal Revenue Code of 1986 to allow a deduction
for the old-age, survivors, and disability insurance taxes paid by
employees and self-employed individuals, and for other purposes; to
the Committee on Ways and Means.
By Mr. NETHERCUTT (for himself, Mr. Hostettler, Mr. Crane, Mr.
McIntosh, and Ms. Dunn of Washington), [9MY]
Cosponsors added, [13JN], [17JY], [18JY], [23JY], [4SE], [26JY]
H.R. 3428--
A bill for the relief of certain former spouses of employees of the
Federal Government; to the Committee on Government Reform and
Oversight.
By Mr. OXLEY, [9MY]
H.R. 3429--
A bill to amend the Safe Drinking Water Act to provide for annual
consumer confidence reports regarding contaminants in drinking
water; to the Committee on Commerce.
[[Page 2892]]
By Mr. SAXTON, [9MY]
H.R. 3430--
A bill to amend the Internal Revenue Code of 1986 to eliminate the
requirement that States pay unemployment compensation on the basis
of services performed by election workers; to the Committee on Ways
and Means.
By Mr. UPTON (for himself and Mr. Farr), [9MY]
Cosponsors added, [4JN], [31JY], [11SE], [30SE]
H.R. 3431--
A bill to amend the Armored Car Industry Reciprocity Act of 1993 to
clarify certain requirements and to improve the flow of interstate
commerce; to the Committee on Commerce.
By Mr. WHITFIELD (for himself, Mr. Oxley, Mr. Stearns, and Mrs.
Collins of Illinois), [9MY]
Cosponsors added, [30MY]
Reported (H. Rept. 104-623), [17JN]
Rules suspended. Passed House, [9JY]
H.R. 3432--
A bill to designate certain locks and dams of the Tennessee-Tombigbee
Waterway; to the Committee on Transportation and Infrastructure.
By Mr. WICKER (for himself, Mr. Taylor of Mississippi, and Mr.
Parker), [9MY]
H.R. 3433--
A bill to prohibit the Secretary of Defense from authorizing payment
under defense contracts for restructuring costs of a merger or
acquisition; to the Committee on National Security.
By Mr. SMITH of New Jersey, [10MY]
Cosponsors added, [26JN], [17SE], [12JN], [10JY], [12JN], [10JY]
H.R. 3434--
A bill to amend section 207 of title 18, United States Code, to further
restrict Federal officers and employees from representing or
advising foreign entities after leaving Government service, and for
other purposes; to the Committee on the Judiciary.
By Mr. CANADY (for himself, Mr. Frank of Massachusetts, Mr. Zimmer,
Ms. Kaptur, Mr. Upton, and Mr. English of Pennsylvania), [10MY]
Cosponsors added, [11JY], [27SE]
H.R. 3435--
A bill to make technical amendments to the Lobbying Disclosure Act of
1995; to the Committee on the Judiciary.
By Mr. CANADY (for himself and Mr. Frank of Massachusetts), [10MY]
Cosponsors added, [11JY]
Reported with amendment (H. Rept. 104-699), [24JY]
Rules suspended. Passed House amended, [29JY]
H.R. 3436--
A bill to protect the health of mothers and newborns against the
premature termination of inpatient care based on denial of health
coverage; to the Committees on Commerce; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. DINGELL, [10MY]
Cosponsors added, [24SE]
H.R. 3437--
A bill to amend the Small Business Act to exempt subcontracts for
dredging activities from local buy requirements under the business
development program authorized by section 8(a) of the Act; to the
Committee on Small Business.
By Mr. HOEKSTRA, [10MY]
H.R. 3438--
A bill to suspend temporarily the duty on desmedipham; to the Committee
on Ways and Means.
By Mr. HOEKSTRA, [10MY]
H.R. 3439--
A bill to suspend temporarily the duty on phenmedipham; to the Committee
on Ways and Means.
By Mr. HOEKSTRA, [10MY]
H.R. 3440--
A bill to suspend temporarily the duty on ethofumesate; to the Committee
on Ways and Means.
By Mr. HOEKSTRA, [10MY]
H.R. 3441--
A bill to amend the Internal Revenue Code of 1986 to reform and rename
the earned income tax credit; to the Committee on Ways and Means.
By Mr. HUTCHINSON (for himself, Mr. Ballenger, Mr. Armey, Mr. Talent,
Mr. Goss, Mr. Largent, Mr. Graham, Mr. Pete Geren of Texas, Mr.
Hoekstra, Mr. Zeliff, Mr. Norwood, Mr. Baker of California, Mr.
Coble, Mr. Calvert, Mr. Sensenbrenner, and Mr. Doolittle), [10MY]
H.R. 3442--
A bill to authorize the Pyramid of Remembrance Foundation to establish a
memorial in the District of Columbia or its environs to soldiers who
have died in foreign conflicts other than declared wars; to the
Committee on Resources.
By Mr. LaTOURETTE, [10MY]
Cosponsors added, [6JN]
H.R. 3443--
A bill to amend the Public Health Service Act to extend the program of
research on breast cancer; to the Committee on Commerce.
By Mrs. LOWEY (for herself, Mr. Cardin, Mr. Durbin, Mr. Engel, Mr.
Fazio of California, Mr. Filner, Mr. Gonzalez, Mr. Gutierrez, Mrs.
Kennelly, Mr. Lipinski, Ms. Lofgren, Mrs. Maloney, Mr. McDermott,
Mrs. Mink of Hawaii, Mrs. Morella, Ms. Norton, Ms. Pelosi, Mrs.
Schroeder, Mr. Watt of North Carolina, and Mr. Waxman), [10MY]
Cosponsors added, [30MY], [3OC]
H.R. 3444--
A bill to amend section 818 of the National Defense Authorization Act
for Fiscal Year 1995 to repeal certain provisions and revise certain
reporting requirements relating to payment of restructuring costs
under defense contracts; to the Committee on National Security.
By Mr. SANDERS, [10MY]
Cosponsors added, [16JY]
H.R. 3445--
A bill to make changes in Federal juvenile justice proceedings, and to
foster youth development and prevent juvenile crime and delinquency;
to the Committees on the Judiciary; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SCHUMER, [10MY]
Cosponsors added, [16MY], [4JN], [10SE]
H.R. 3446--
A bill to amend the Clean Air Act and certain other environmental laws
to provide regulatory relief and preserve jobs, and for other
purposes; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. STOCKMAN, [10MY]
H.R. 3447--
A bill to amend title 5, United States Code, to provide for the
forfeiture of retirement benefits in the case of a Member of
Congress convicted of a felony, and for other purposes; to the
Committees on House Oversight; Government Reform and Oversight, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. TATE, [10MY]
Cosponsors added, [16MY], [23MY], [30MY], [5JN], [11JN], [13JN],
[20JN], [24JY], [1AU], [4SE], [10JY]
H.R. 3448--
A bill to provide tax relief for small businesses, to protect jobs, to
create opportunities, to increase the take home pay of workers, and
for other purposes; to the Committee on Ways and Means.
Mr. ARCHER, [14MY]
Reported with amendment (H. Rept. 104-586), [20MY]
Passed House amended, [22MY]
Pursuant to H. Res. 440, title amended (H.R. 1227 appended pursuant to
section 4(b) of H. Res. 440), [23MY]
Passed Senate amended, [9JY]
Senate insisted on its amendments and asked for a conference.
Conferees appointed, [25JY]
House disagreed to Senate amendments and agreed to a conference,
[26JY]
Conferees appointed, [26JY]
Conference report (H. Rept. 104-737) submitted in the House, [1AU]
House agreed to conference report, [2AU]
Senate agreed to conference report, [2AU]
Presented to the President (August 8, 1996)
Approved [Public Law 104-188] (signed August 20, 1996)
H.R. 3449--
A bill to provide emergency livestock feed assistance in 1996 to
livestock producers whose operations are located in areas that were
approved for such assistance in 1994 and 1995 as a result of drought
and in which drought conditions continue in 1996; to the Committee
on Agriculture.
By Mr. SKEEN (for himself and Mr. Johnson of South Dakota), [14MY]
Cosponsors added, [16MY], [21MY], [22MY], [29MY], [30MY], [5JN],
[7JN], [10JN], [18JN], [27JN]
H.R. 3450--
A bill to provide for modification of the State agreement under title II
of the Social Security Act with the State of Pennsylvania with
respect to certain students; to the Committee on Ways and Means.
By Mr. CLINGER (for himself, Mr. English of Pennsylvania, Mr. Fox, Mr.
Gekas, Mr. Greenwood, Mr. Klink, Mr. McDade, Mr. Shuster, Mr.
Walker, and Mr. Mascara), [14MY]
Cosponsors added, [29MY], [19JN], [16JY], [6JN]
H.R. 3451--
A bill to amend the Internal Revenue Code of 1986 to exempt from certain
reporting requirements certain amounts paid to election officials
and election workers; to the Committee on Ways and Means.
By Mr. GEKAS, [14MY]
Cosponsors added, [30MY]
H.R. 3452--
A bill to make certain laws applicable to the Executive Office of the
President, and for other purposes; to the Committees on Government
Reform and Oversight,; Economic and Educational Opportunities; the
Judiciary; Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. MICA (for himself, Mr. Clinger, Mr. Horn, Mr. Bachus, Mrs.
Seastrand, Mr. Solomon, Mr. Norwood, Mr. Weldon of Florida, Mr.
Kingston, Mr. Hayworth, Mr. Burr, Mr. Ensign, Mr. Sam Johnson, Mr.
Duncan, Mr. Gilman, Mr. Bass, Ms. Greene of Utah, Mr. Kolbe, Mr.
Wamp, Mr. Zeliff, Mr. Inglis of South Carolina, Mr. Hostettler, Mr.
LaHood, Mr. Chambliss, Mrs. Kelly, Mr. English of Pennsylvania, Mr.
Schiff, Mr. McCollum, Mr. Cox, Mr. Chrysler, Mr. Christensen, Mr.
Lazio of New York, Mr. Forbes, Mr. Lewis of Kentucky, Mr. Coble, Mr.
Miller of Florida, Mr. Saxton, Mr. Barton of Texas, Ms. Pryce, Mr.
Riggs, Mr. Pombo, Mr. Collins of Georgia, Mr. Everett, Mr.
Doolittle, Mr. Lightfoot, Mr. Ehlers, Mr. Talent, Mr. Skeen, Mr.
Watts of Oklahoma, Mr. Castle, Mr. Dreier, Mr. Hastert, Mr. Emerson,
Mr. Smith of Michigan, Mr. Upton, Mr. Deal of Georgia, Mr. Calvert,
Mr. Livingston, Mr. Torkildsen, Mr. McCrery, Mr. Tate, Mr. Hoke, Mr.
Hayes, Mr. Funderburk, Mr. Cooley, Mr. Bartlett of Maryland, Mr.
Crapo, Mr. Campbell, Mr. Manzullo, Mr. Hastings of Washington, Mr.
Dornan, Mr. Jones, Mr. Portman, Mr. Fawell, Mr. Burton of Indiana,
Mr. Roberts, Mr. Sanford, Mr. Tiahrt, Mr. McIntosh, Mr. Shadegg, Mr.
Heineman, Mr. Brownback, Mr. Rohrabacher, Mr. Bryant of Tennessee,
Mr. Largent, Mr. Souder, Mr. Davis, Mr. Roth, Mr. Tauzin, Mr.
Graham, Mr. Baker of California, Mr. Nethercutt, Mr. McDade, Mrs.
Meyers of Kansas, Mr. Fox, Mrs. Johnson of Connecticut, Mr. Neumann,
Mr. Kim, Mr. Foley, Mr. Allard, Mr. Herger, Mr. Stearns, Mr.
Lipinski, Mr. Schaefer, Mr. Diaz-Balart, Mr. Shays, and Mr. Taylor
of North Carolina), [14MY]
Cosponsors added, [23MY], [27JN]
Reported with amendment (H. Rept. 104-820, part 1), [24SE]
Referral to the Committees on Economic and Educational Opportunities;
the Judiciary; Veterans' Affairs extended, [24SE]
Committees discharged, [24SE]
Rules suspended. Passed House amended, [24SE]
Passed Senate amended, [3OC]
House agreed to Senate amendments, [4OC]
Presented to the President (October 18, 1996)
Approved [Public Law 104-331] (signed October 26, 1996)
[[Page 2893]]
H.R. 3453--
A bill to provide for the more effective enforcement of child support
orders; to the Committees on Ways and Means; Banking and Financial
Services; the Judiciary; National Security; Transportation and
Infrastructure; International Relations; Economic and Educational
Opportunities; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. ROUKEMA (for herself, Mr. Pomeroy, and Mr. Blute), [14MY]
H.R. 3454--
A bill to provide enhanced penalties for discharging or possessing a
firearm during a crime of violence or drug trafficking crime, and
for discharging or using a firearm to cause serious bodily injury
during such a crime; to the Committee on the Judiciary.
By Mr. SCHUMER, [14MY]
Cosponsors added, [21MY], [10SE]
H.R. 3455--
A bill to prohibit persons convicted of a crime involving domestic
violence from owning or possessing firearms, and for other purposes;
to the Committee on the Judiciary.
By Mr. TORRICELLI (for himself, Mrs. Lowey, and Mr. Foglietta), [14MY]
Cosponsors added, [18JN], [20JN], [25JN], [18JY], [30JY], [16SE],
[26SE], [27SE]
H.R. 3456--
A bill to provide for the nationwide tracking of convicted sexual
predators, and for other purposes; to the Committee on the
Judiciary.
By Mr. ZIMMER (for himself, Mr. Bonilla, Ms. Dunn of Washington, Mr.
Gutknecht, and Mr. Deal of Georgia), [14MY]
Cosponsors added, [22JY], [29JY]
Rules suspended. Passed House amended, [26SE]
Laid on the table (S. 1675 passed in lieu), [26SE]
H.R. 3457--
A bill to amend the Internal Revenue Code of 1986 to suspend the 4.3-
cent general revenue portion of the fuel excise taxes; to the
Committees on Ways and Means; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. JACKSON-LEE (for herself, Mr. Rangel, Mr. Payne of New Jersey,
Ms. Waters, Ms. Eddie Bernice Johnson of Texas, Mr. Bishop, Mr.
Ackerman, Ms. Brown of Florida, Ms. Norton, Mr. Jefferson, Mr.
Stokes, Mr. Watt of North Carolina, Mr. Clyburn, Mr. Lewis of
Georgia, Mr. Conyers, Mr. Owens, Mr. Fattah, Mr. Hilliard, Mr.
Richardson, Mr. Collins of Georgia, Mr. Jackson, Mr. Dellums, Mr.
Andrews, Mr. Ortiz, Mr. Rush, Ms. Slaughter, Mr. Gibbons, Mr. Clay,
Ms. Velazquez, Mr. Gutierrez, Mrs. Mink of Hawaii, Mr. Brown of
California, and Mr. Levin), [15MY]
H.R. 3458--
A bill to increase, effective as of December 1, 1996, the rates of
compensation for veterans with service-connected disabilities and
the rates of dependency and indemnity compensation for the survivors
of certain disabled veterans; to the Committee on Veterans' Affairs.
By Mr. EVERETT (for himself, Mr. Stump, Mr. Montgomery, and Mr.
Evans), [15MY]
Cosponsors added, [23MY], [25JN]
Reported (H. Rept. 104-647), [27JN]
Rules suspended. Passed House, [16JY]
Passed Senate amended, [26SE]
House agreed to Senate amendments, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-263] (signed October 9, 1996)
H.R. 3459--
A bill to amend title 38, United States Code, to extend the enhanced
loan asset sale authority of the Secretary of Veterans Affairs; to
the Committee on Veterans' Affairs.
By Mr. BUYER (for himself and Mr. Filner), [15MY]
H.R. 3460--
A bill to establish the Patent and Trademark Office as a Government
corporation, and for other purposes; to the Committee on the
Judiciary.
By Mr. MOORHEAD (for himself, Mrs. Schroeder, Mr. Conyers, Mr.
Sensenbrenner, Mr. Coble, Mr. Goodlatte, Mr. Berman, Mr. Boucher,
Mr. Gallegly, Mr. Hoke, Mr. Nadler, and Ms. Lofgren), [15MY]
Cosponsors added, [4JN], [18JN], [19JN], [22JY], [4SE], [10JY]
Reported with amendment (H. Rept. 104-784), [12SE]
H.R. 3461--
A bill to authorize appropriations for the Federal Election Commission
for fiscal year 1997; to the Committee on House Oversight.
By Mr. THOMAS, [15MY]
H.R. 3462--
A bill to amend title 5, United States Code, to require that written
notice be furnished by the Office of Personnel Management before
making any substantial change in the health benefits program for
Federal employees; to the Committee on Government Reform and
Oversight.
By Mr. CARDIN (for himself, Mr. Watts of Oklahoma, Mr. Gilman, Mr.
Hoyer, Mrs. Morella, Mr. LaFalce, Mr. Pickett, Mr. Cramer, Mr.
Pomeroy, Mr. Brewster, Mr. Moran, Mr. Johnson of South Dakota, Mrs.
Meek of Florida, and Mr. Ehrlich), [15MY]
Cosponsors added, [21MY], [22MY], [29MY], [12JY], [29JY], [18SE],
[25SE], [12JN]
H.R. 3463--
A bill to provide for a livable wage for employees under Federal
contracts and subcontracts; to the Committees on Economic and
Educational Opportunities; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. GUTIERREZ, [15MY]
Cosponsors added, [16MY], [29MY], [26JN], [17JY], [6JN]
H.R. 3464--
A bill to make a minor adjustment in the exterior boundary of the Devils
Backbone Wilderness in the Mark Twain National Forest, MO, to
exclude a small parcel of land containing improvements; to the
Committees on Agriculture; Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HANCOCK, [15MY]
Reported with amendment (H. Rept. 104-654, part 1), [27JN]
Referral to the Committee on Resources extended, [27JN]
Committee discharged, [27JN]
Passed House amended, [1AU]
H.R. 3465--
A bill to amend part D of title IV of the Social Security Act to improve
child support enforcement services, and for other purposes; to the
Committees on Ways and Means; Banking and Financial Services; the
Judiciary; National Security; Transportation and Infrastructure;
International Relations; Economic and Educational Opportunities;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. JOHNSON of Connecticut (for herself, Mrs. Kennelly, Mr. Shaw,
Mrs. Morella, Mrs. Lowey, Mrs. Clayton, Mrs. Cubin, Ms. DeLauro, Ms.
Dunn of Washington, Mrs. Fowler, Ms. Greene of Utah, Mrs. Kelly, Ms.
Lofgren, Mrs. Meek of Florida, Mrs. Meyers of Kansas, Mrs. Myrick,
Ms. Pryce, Mrs. Seastrand, Mrs. Schroeder, Mrs. Vucanovich, Ms.
Woolsey, Mr. Camp, Mr. Christensen, Mr. Collins of Georgia, Mr.
Crane, Mr. English of Pennsylvania, Mr. Ensign, Mr. Houghton, Mr.
Matsui, Mr. McCrery, Mr. Neal of Massachusetts, Mr. Portman, Mr.
Ramstad, Mr. Zimmer, Mr. Hobson, Mr. Nussle, Mr. Upton, Mr.
Torkildsen, Mr. Foley, Mr. Boehlert, and Mr. Frelinghuysen), [15MY]
Cosponsors added, [29MY], [10JN], [25JN]
H.R. 3466--
A bill to eliminate taxpayer subsidies for recreational shooting
programs, and to prevent the transfer of federally owned weapons,
ammunition, funds, and other property to a private corporation for
the promotion of rifle practice and firearms safety; to the
Committee on National Security.
By Mrs. MALONEY (for herself, Mr. Torricelli, Mr. Gonzalez, Mr. Yates,
Mr. Clay, Mr. Conyers, and Mr. Stark), [15MY]
Cosponsors added, [23MY], [16JY], [2OC]
H.R. 3467--
A bill to amend the Internal Revenue Code of 1986 to allow the
designation of renewal communities, and for other purposes; to the
Committees on Ways and Means; Economic and Educational
Opportunities; Banking and Financial Services; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. WATTS of Oklahoma (for himself, Mr. Talent, Mrs. Myrick, Mr.
English of Pennsylvania, Mr. Weldon of Florida, Mr. Knollenberg, Mr.
Kolbe, Mr. Riggs, Mr. Chabot, Mr. Chambliss, Mr. Coburn, Mr.
Flanagan, Mr. Gutknecht, Mr. Largent, Mr. LaTourette, Mr. Norwood,
Mrs. Seastrand, Mr. Souder, Mr. Stockman, Mr. Thornberry, Mr.
Weller, Mr. Wicker, Mr. Baker of Louisiana, Mr. Ballenger, Mr.
Bartlett of Maryland, Mr. Barton of Texas, Mr. Blute, Mr. Burton of
Indiana, Mr. Calvert, Mr. Doolittle, Mr. Dornan, Mr. Emerson, Mr.
Hastert, Mr. Hayes, Mr. Hoekstra, Mr. Hoke, Mr. Hutchinson, Mr.
King, Mr. Kingston, Mr. Lewis of Kentucky, Mr. Linder, Mr. McCrery,
Mr. Shays, Mr. Wamp, Mr. McIntosh, Mr. DeLay, and Mr. Taylor of
North Carolina), [16MY]
Cosponsors added, [13JN], [12JY], [31JY]
Cosponsors removed, [22JY]
H.R. 3468--
A bill to establish rules governing product liability actions against
raw materials and bulk component suppliers to medical device
manufacturers, and for other purposes; to the Committees on the
Judiciary; Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. GEKAS (for himself, Mr. Pastor, Mr. Hastert, Mr. Hayworth, Mr.
Upton, Mr. Berman, Mr. Rohrabacher, Mr. Cunningham, Mr. Brewster,
Mr. Gutknecht, Mr. Stump, Mr. Bilbray, Mr. Ehlers, Mr. Hobson, Mrs.
Johnson of Connecticut, Mr. Serrano, Mr. Burr, Mr. Royce, Mr.
Clement, Mr. Blute, Mr. Schiff, Mr. Forbes, Mr. Zimmer, Mr. Buyer,
Mrs. Kelly, and Mr. Stenholm), [16MY]
Cosponsors added, [21MY], [22MY], [23MY], [30MY], [20JN], [9JY],
[23JY], [6JN]
H.R. 3469--
A bill to improve economic productivity and create thousands of jobs by
establishing an infrastructure reinvestment fund which will provide
immediate, upfront funding of intermodal surface transportation
programs, and for other purposes; to the Committees on
Transportation and Infrastructure; the Budget; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. BORSKI (for himself, Mr. Oberstar, Mr. Lipinski, Mr. Brewster,
and Ms. DeLauro), [16MY]
Cosponsors added, [22JY]
H.R. 3470--
A bill to enhance the conservation and protection of the Boundary Waters
Canoe Area Wilderness and the Voyageurs National Park; to the
Committee on Resources.
By Mr. VENTO, [16MY]
H.R. 3471--
A bill to authorize the Corps of Engineers to enter into a cooperative
agreement with the State of New York to fund one or more projects
for habitat restoration in the Hudson River Basin, NY; to the
Committee on Transportation and Infrastructure.
By Mrs. KELLY, [16MY]
H.R. 3472--
A bill to amend the Agricultural Trade Act of 1978 to eliminate current
Federal subsidies for alcoholic beverage promotions overseas; to the
Committee on Agriculture.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
[[Page 2894]]
H.R. 3473--
A bill to establish advertising requirements for alcoholic beverages; to
the Committee on Commerce.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
H.R. 3474--
A bill to require health warnings to be included in alcoholic beverage
advertisements, and for other purposes; to the Committee on
Commerce.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
H.R. 3475--
A bill to require an annual report by the Secretary of Health and Human
Services on alcohol advertising practices, and for other purposes;
to the Committee on Commerce.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
H.R. 3476--
A bill to amend the Higher Education Act of 1965 to provide incentives
to colleges and universities to develop, implement, and improve
alcohol abuse prevention and education programs on their campuses,
to strengthen sanctions, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
H.R. 3477--
A bill to amend the Fair Labor Standards Act of 1938 to restrict
employers in obtaining, disclosing, and using of genetic
information; to the Committee on Economic and Educational
Opportunities.
By Mr. KENNEDY of Massachusetts, [16MY]
Cosponsors added, [13JN], [19JN], [11JY], [16JY], [22JY], [1AU],
[5SE], [12JN]
H.R. 3478--
A bill to amend the Internal Revenue Code of 1986 to eliminate tax
deductions for advertising and goodwill expenditures relating to
alcohol beverages; to the Committee on Ways and Means.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
H.R. 3479--
A bill to carry out a comprehensive program dealing with alcohol and
alcohol abuse; to the Committees on Commerce; Ways and Means;
Economic and Educational Opportunities; Agriculture, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hinchey, Mr.
Faleomavaega, and Mr. Fattah), [16MY]
Cosponsors added, [18JY]
H.R. 3480--
A bill to amend title 49, United States Code, to ensure the ability of
utility providers to establish, improve, operate, and maintain
utility structures, facilities, and equipment for the benefit,
safety, and well-being of consumers, by removing limitations on
maximum driving and on-duty time pertaining to utility vehicle
operators and drivers, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. LaHOOD (for himself and Mr. Peterson of Minnesota), [16MY]
Cosponsors added, [23MY], [5JN], [13JN], [20JN], [26JN], [12JY],
[17JY], [23JY], [1AU]
H.R. 3481--
A bill to repeal the minimum wage requirement of the Fair Labor
Standards Act of 1938, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mr. LIGHTFOOT (for himself, Mr. McCollum, Mr. Hunter, Mr.
Rohrabacher, Mr. Barr, Mr. Herger, Mr. Istook, Mrs. Chenoweth, Mr.
Manzullo, Mr. Doolittle, Mr. Barton of Texas, Mr. Skeen, Mr.
Hancock, Mr. Coburn, Mrs. Cubin, Mr. Cunningham, Mr. Livingston, Mr.
Crane, Mr. Chrysler, Mr. Sam Johnson, Mr. Hansen, Mr. Taylor of
North Carolina, Mr. Mica, Mr. Baker of California, Mr. Packard, and
Mr. Stearns), [16MY]
Cosponsors removed, [30JY]
H.R. 3482--
A bill to protect the privacy of health information in the age of
genetic and other new technologies, and for other purposes; to the
Committees on Commerce; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. McDERMOTT (for himself, Mr. Serrano, and Ms. Pelosi), [16MY]
Cosponsors added, [19JN], [12JY], [5SE], [19SE], [27SE]
H.R. 3483--
A bill to amend title 5, United States Code, to enable Federal agencies
to design personnel systems suited to their missions, and for other
purposes; to the Committees on Government Reform and Oversight;
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. MORAN (for himself and Mr. Mica) (both by request), [16MY]
H.R. 3484--
A bill to authorize the Federal Aviation Administration's research,
engineering, and development programs, and for other purposes; to
the Committees on Science; Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. MORELLA (for herself and Mr. Walker), [16MY]
H.R. 3485--
A bill to require the Secretary of Agriculture to conduct an adaptive
forest management research program in Colville National Forest, WA,
that will provide for a creditable, science-based approach to manage
fire-generated, overstocked, small-diameter, stagnated forest stands
for the purposes for improving forest health, providing wood fiber
for manufacturing facilities in forest-dependent communities, and
meeting current and future environmental needs; to the Committee on
Agriculture.
By Mr. NETHERCUTT, [16MY]
H.R. 3486--
A bill to dispose of certain Federal properties at Dutch John, UT,
assist local government in the interim delivery of basic services to
the Dutch John community, and for other purposes; to the Committee
on Resources.
By Mr. ORTON, [16MY]
Cosponsors added, [27JN]
H.R. 3487--
A bill to reauthorize the National Marine Sanctuaries Act, and for other
purposes; to the Committee on Resources.
By Mr. SAXTON (for himself and Mr. Farr), [16MY]
Cosponsors added, [17JY]
Reported with amendment (H. Rept. 104-717), [29JY]
Rules suspended. Passed House amended, [4SE]
H.R. 3488--
A bill to prevent handgun violence and illegal commerce in handguns; to
the Committee on the Judiciary.
By Mr. SCHUMER, [16MY]
Cosponsors added, [1AU]
H.R. 3489--
A bill to protect the United States and its Armed Forces, wherever
engaged, from ballistic missile attack, to state the policy and
priorities of the United States for developing and deploying more
effective defenses against ballistic missiles, and for other
purposes; to the Committees on National Security; International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SPRATT (for himself, Mr. Gephardt, Mr. Hamilton, Mr. Dicks, Mr.
Skelton, Mr. Ortiz, Mr. Browder, Mr. Abercrombie, Mr. Edwards, Mr.
Meehan, Mr. McHale, Mr. Peterson of Florida, Mr. Kennedy of Rhode
Island, Ms. Harman, Mr. Fazio of California, Mr. Hoyer, and Mr.
Reed), [16MY]
H.R. 3490--
A bill to amend title 18, United States Code, to reform Federal prisons;
to the Committee on the Judiciary.
By Mr. TATE, [16MY]
H.R. 3491--
A bill to repeal the American Folklife Preservation Act; to the
Committee on House Oversight.
By Mr. THOMAS, [16MY]
Reported with amendment (H. Rept. 104-710), [26JY]
H.R. 3492--
A bill to amend title 49, United States Code, to ensure the ability of
utility providers to establish, improve, operate, and maintain
utility structures, facilities, and equipment for benefit, safety,
and well-being of consumers, by removing limitations on maximum
driving and on-duty time pertaining to utility vehicle operators and
drivers, and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. VOLKMER, [16MY]
Cosponsors added, [25JY]
H.R. 3493--
A bill to amend title 38, United States Code, to authorize the provision
of funds in order to provide financial assistance by grant or
contract to legal assistance entities for representation of
financially needy veterans in connection with proceedings before the
U.S. Court of Veterans Appeals; to the Committee on Veterans'
Affairs.
By Mr. FOX (for himself, Mr. Everett, Mr. Buyer, and Mr. Hutchinson),
[20MY]
Cosponsors added, [21MY], [23MY]
H.R. 3494--
A bill to amend the Juvenile Justice and Delinquency Prevention Act of
1974 to identify violent and hard-core juvenile offenders and treat
them as adults, and for other purposes; to the Committees on
Economic and Educational Opportunities; the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. CANADY (for himself, Mr. Weldon of Florida, and Mr.
Hutchinson), [20MY]
H.R. 3495--
A bill to extend the time for the submission of the final report of the
Veterans' Claims Adjudication Commission; to the Committee on
Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Everett, and Mr.
Evans), [21MY]
Cosponsors added, [23MY]
H.R. 3496--
A bill to make certain Federal facilities available to qualified
assistance organizations for use as temporary shelters for homeless
individuals during nonbusiness hours; to the Committee on Government
Reform and Oversight.
By Mr. CAMPBELL, [21MY]
Cosponsors added, [30MY], [19JN], [26JN], [9JY], [16JY], [27JN],
[10JY], [27JN], [10JY]
H.R. 3497--
A bill to expand the boundary of the Snoqualmie National Forest, and for
other purposes; to the Committee on Resources.
By Ms. DUNN of Washington (for herself, Mr. White, Mr. Nethercutt, Mr.
Tate, Mrs. Smith of Washington, Mr. Metcalf, Mr. McDermott, Mr.
Dicks, and Mr. Hastings of Washington), [21MY]
Reported with amendment (H. Rept. 104-816), [23SE]
Considered under suspension of the rules, [25SE]
Rules suspended. Passed House amended, [26SE]
H.R. 3498--
A bill to amend the Internal Revenue Code of 1986 to allow companies to
donate scientific equipment to elementary and secondary schools for
use in their educational programs, and for other purposes; to the
Committee on Ways and Means.
By Ms. ESHOO (for herself, Mr. Matsui, Mr. Minge, and Mr. Reed),
[21MY]
Cosponsors added, [29MY], [11JN], [11JY], [31JY], [17SE], [26SE]
H.R. 3499--
A bill to temporarily suspend the duty on certain lead fuel test
assemblies; to the Committee on Ways and Means.
By Mrs. JOHNSON of Connecticut (for herself and Mrs. Kennelly), [21MY]
H.R. 3500--
A bill to amend the act to establish a Redwood National Park in the
State of California, to increase efficiency and cost savings in the
management of Redwood National Park by authorizing the Secretary of
the Interior to enter into agreements with the State of California
to acquire from and
[[Page 2895]]
provide to the State goods and services to be used by the National
Park Service and the State of California in the cooperative
management of lands in Redwood National Park and lands in Del Norte
Coast Redwoods State Park, Jedediah Smith Redwoods State Park, and
Prairie Creek Redwoods State Park, and for other purposes; to the
Committee on Resources.
By Mr. RIGGS, [21MY]
H.R. 3501--
A bill to amend the Organic Act of Guam to provide the government of
Guam the opportunity to acquire excess real property in Guam, and to
release lands from a condition on disposal by Guam; to the
Committees on Resources; Government Reform and Oversight; National
Security, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. UNDERWOOD, [21MY]
H.R. 3502--
A bill for the relief of D&S International, Inc.; to the Committee on
the Judiciary.
By Mr. COBLE, [21MY]
H.R. 3503--
A bill to amend the Internal Revenue Code of 1986 to prevent
disqualification of low-income housing units for purposes of the
low-income housing credit solely by reason of certain assignments of
dependency deductions by full-time student single parents; to the
Committee on Ways and Means.
By Mr. EWING, [22MY]
H.R. 3504--
A bill to authorize the marketing of breast examination pads without
restriction; to the Committee on Commerce.
By Mrs. VUCANOVICH (for herself, Mr. Baker of California, Mr. Barton
of Texas, Mr. Burr, Mr. Myers and Mr. Poshard), [22MY]
Cosponsors added, [11JN], [23JY], [5SE], [25SE]
H.R. 3505--
A bill to amend the Federal Election Campaign Act of 1971, and for other
purposes; to the Committees on House Oversight; Ways and Means;
Commerce; Government Reform and Oversight; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. FARR (for himself, Mr. Gephardt, Mr. Bonior, Mr. Fazio of
California, Ms. DeLauro, Mr. Lewis of Georgia, Mr. Richardson, Mrs.
Kennelly, Mr. Abercrombie, Mr. Ackerman, Mr. Barcia of Michigan, Mr.
Barrett of Wisconsin, Mr. Becerra, Mr. Borski, Mr. Browder, Mr.
Brown of California, Mr. Brown of Ohio, Mr. Cardin, Mr. Dellums, Mr.
Durbin, Mr. Engel, Ms. Eshoo, Mr. Fattah, Mr. Foglietta, Mr. Frank
of Massachusetts, Ms. Furse, Mr. Gejdenson, Mr. Green of Texas, Mr.
Gibbons, Mr. Gutierrez, Mr. Hall of Ohio, Ms. Harman, Mr. Hastings
of Florida, Mr. Hinchey, Ms. Jackson-Lee, Mr. Kennedy of Rhode
Island, Mr. LaFalce, Mr. Levin, Ms. Lofgren, Mrs. Lowey, Mr. Manton,
Mr. Matsui, Ms. McCarthy, Mr. McDermott, Ms. McKinney, Mr. Miller of
California, Mr. Minge, Mr. Moakley, Mr. Moran, Mr. Nadler, Mr.
Olver, Mr. Owens, Mr. Pallone, Ms. Pelosi, Mr. Peterson of
Minnesota, Mr. Rahall, Ms. Rivers, Ms. Roybal-Allard, Mr. Sabo, Mr.
Sanders, Mr. Sawyer, Mrs. Schroeder, Mr. Schumer, Mr. Skaggs, Mr.
Spratt, Mr. Stark, Mr. Studds, Mr. Stupak, Mrs. Thurman, Mr. Torres,
Mr. Vento, Ms. Waters, Mr. Waxman, Mr. Wise, Ms. Woolsey, and Mr.
Yates), [22MY]
Cosponsors added, [29MY], [12JY], [17JY], [27JN], [10JY], [27JN],
[10JY]
Cosponsors removed, [17JY]
H.R. 3506--
A bill to amend title 38, United States Code, to authorize the provision
of funds in order to provide financial assistance by grant or
contract to legal assistance entities for representation of
financially needy veterans in connection with proceedings before the
U.S. Court of Veterans Appeals; to the Committee on Veterans'
Affairs.
By Mr. FOX (for himself, Mr. Stump, Mr. Montgomery, Mr. Everett, Mr.
Evans, Mr. Hutchinson, Mr. Buyer, Mr. Filner, Mr. Bilirakis, Mr.
Clement, Mr. Bachus, Mr. Tejeda, Mr. Stearns, Mr. Gutierrez, Mr.
Ney, Mr. Baesler, Mr. Barr, Mr. Mascara, Mr. Weller, Mr. Hayworth,
and Mr. Cooley), [22MY]
Cosponsors added, [23MY]
H.R. 3507--
A bill to restore the American family, enhance support and work
opportunities for families with children, reduce out-of-wedlock
pregnancies, reduce welfare dependence by requiring work, meet the
health care needs of America's most vulnerable citizens, control
welfare and Medicaid spending, and increase State flexibility; to
the Committees on Ways and Means; Agriculture; Banking and Financial
Services; Commerce; Economic and Educational Opportunities;
Government Reform and Oversight; the Judiciary; National Security;
International Relations; the Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. ARCHER (for himself, Mr. Bliley, Mr. Roberts, Mr. Shaw, Mr.
Bilirakis, Mr. Emerson, Mr. Camp, Mr. McCrery, Mr. Collins of
Georgia, Mr. English of Pennsylvania, Mr. Nussle, Ms. Dunn of
Washington, Mr. Ensign, Mr. Laughlin, and Mr. Deal of Georgia),
[22MY]
H.R. 3508--
A bill to amend title 18, United States Code, to prohibit the sale of
personal information about children without their parents' consent,
and for other purposes; to the Committee on the Judiciary.
By Mr. FRANKS of New Jersey (for himself, Mr. Frost, Mr. Hutchinson,
Mr. Ney, Mr. McHugh, Mr. Calvert, Mr. Fazio of California, Mr.
Weldon of Florida, and Mr. Horn), [22MY]
Cosponsors added, [29MY], [30MY], [5JN], [19JN], [25JN], [16JY],
[23JY], [2AU], [16SE], [18SE], [12JN]
H.R. 3509--
A bill to provide for a report regarding the effects that environmental
factors have on women's health; to the Committee on Commerce.
By Ms. FURSE, [22MY]
H.R. 3510--
A bill to provide additional pension security for spouses and former
spouses, and for other purposes; to the Committees on Ways and
Means; Economic and Educational Opportunities; Government Reform and
Oversight; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. FURSE, [22MY]
Cosponsors added, [12JY]
H.R. 3511--
A bill to provide additional pension security for spouses and former
spouses, and for other purposes; to the Committees on Ways and
Means; Government Reform and Oversight; Transportation and
Infrastructure; Economic and Educational Opportunities, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. LOWEY (for herself, Ms. Furse, Mrs. Schroeder, Ms. Roybal-
Allard, and Mr. LaFalce), [22MY]
Cosponsors added, [30MY], [23JY], [2AU], [11SE]
H.R. 3512--
A bill to amend title 10, United States Code, to establish limitations
on taxpayer-financed compensation for defense contractors; to the
Committee on National Security.
By Mr. SANDERS, [22MY]
Cosponsors added, [16JY], [25JY]
H.R. 3513--
A bill to establish limitations on the ability of a Federal agency to
pay a contractor under a contract with the agency for the costs of
compensation with respect to the services of any individual; to the
Committees on Government Reform and Oversight; National Security,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SANDERS, [22MY]
Cosponsors added, [16JY], [25JY]
H.R. 3514--
A bill to amend the Public Health Service Act to provide for programs of
research regarding Parkinson's disease, and for other purposes; to
the Committee on Commerce.
By Mr. SMITH of New Jersey (for himself, Mr. Volkmer, and Mr.
Flanagan), [22MY]
Cosponsors added, [13JN], [26JN], [24JY], [17SE], [18SE], [26SE],
[12JN], [10JY], [12JN], [10JY]
H.R. 3515--
A bill to amend the consumer lease provisions of the Consumer Credit
Protection Act; to the Committee on Banking and Financial Services.
By Mr. LaFALCE (for himself, Mr. Schumer, Ms. Roybal-Allard, Mr.
Lipinski, and Mr. Frazer), [22MY]
Cosponsors added, [26JY]
H.R. 3516--
A bill to permit duty free treatment for certain structures, parts, and
components used in the Gemini Telescope Project; to the Committee on
Ways and Means.
By Mrs. Mink of Hawaii, [22MY]
H.R. 3517--
A bill making appropriations for military construction, family housing,
and base realignment and closure for the Department of Defense for
fiscal year ending September 30, 1997, and for other purposes.
By Mrs. VUCANOVICH, [23MY]
Reported (H. Rept. 104-591), [23MY]
Passed House, [30MY]
Passed Senate amended, [26JN]
Senate insisted on its amendments and asked for a conference.
Conferees appointed, [26JN]
House disagreed to Senate amendments and agreed to a conference.
Conferees appointed, [26JY]
Conference report (H. Rept. 104-721) submitted in the House, [30JY]
House agreed to conference report, [1AU]
Senate agreed to conference report, [5SE]
Presented to the President (September 6, 1996)
Approved [Public Law 104-196] (signed September 16, 1996)
H.R. 3518--
A bill to amend the Clean Air Act to permit the exclusive application of
State regulations regarding reformulated gas in certain areas; to
the Committee on Commerce.
By Mr. BILBRAY, [23MY]
Cosponsors added, [11JY], [12JY], [22JY], [30JY], [1AU], [2AU],
[17SE], [27SE]
H.R. 3519--
A bill to amend the Clean Air Act; to the Committee on Commerce.
By Mr. BARTON of Texas, [23MY]
H.R. 3520--
A bill to provide for retirement savings and security; to the Committees
on Ways and Means; Economic and Educational Opportunities;
Government Reform and Oversight; Transportation and Infrastructure,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GEPHARDT (for himself, Mr. Bonior, Mr. Bentsen, Mr. Gejdenson,
Mr. Pomeroy, Mr. Sawyer, Mr. Fazio of California, Mrs. Kennelly, Mr.
Dingell, Mr. Gibbons, Mr. Clay, Mr. LaFalce, Mr. Oberstar, Mr.
Durbin, Mr. Johnson of South Dakota, Mr. Kennedy of Massachusetts,
Mr. Stark, Mr. Matsui, Mr. Coyne, Mr. Levin, Mr. McDermott, Mr.
Kleczka, Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr. Miller
of California, Mr. Williams, Mr. Andrews, Mr. Green of Texas, Ms.
Woolsey, Mr. Fattah, Ms. DeLauro, Mr. Murtha, Mr. Obey, Mr. Frost,
Mr. Brown of California, Mr. Yates, Mr. Gonzalez, Mr. Studds, Mr.
Markey, Mr. Rahall, Mr. Vento, Mr. Evans, Ms. Kaptur, Mr. Spratt,
Mr. Torres, Mr. Towns, Mr. Wise, Mr. Kanjorski, Mr. Thornton, Mr.
Costello, Ms. Slaughter, Mrs. Lowey, Mr. Serrano, Mr. Olver, Mr.
Filner, Mr. Gutierrez, Ms. Harman, Mr. Hastings of Florida, Mr.
Holden, Mrs. Meek of Florida, Mr. Scott, Mr. Stupak, Mrs. Thurman,
Ms. Velazquez, Mr. Wynn, Mr. Baldacci, Ms. Lofgren, Mr.
Faleomavaega, and Mr. Sanders), [23MY]
Cosponsors added, [29MY], [18JN], [25JN], [6JN], [27JN], [6JN], [27JN]
H.R. 3521--
A bill to amend title 10, United States Code, to repeal the requirement
that amounts paid to a member of the Armed Forces under the
[[Page 2896]]
Special Separation Benefits Program of the Department of Defense, or
under the Voluntary Separation Incentive Program of that Department,
be offset from amounts subsequently paid to that member by the
Department of Veterans Affairs as disability compensation; to the
Committee on National Security.
By Ms. BROWN of Florida, [23MY]
Cosponsors added, [4JN], [13JN], [23JY], [25JY], [30JY], [1AU]
H.R. 3522--
A bill to amend title 23, United States Code, to ensure consideration of
and planning for reuse or disposal of construction and demolition
debris resulting from highway projects, and for other purposes; to
the Committee on Transportation and Infrastructure.
By Mrs. COLLINS, [23MY]
Cosponsors added, [12JY], [19SE], [6JN]
H.R. 3523--
A bill to require the relocation of a National Weather Service radar
tower which is on Sulphur Mountain near Ojai, CA; to the Committee
on Science.
By Mr. GALLEGLY, [23MY]
H.R. 3524--
A bill to amend title 32, United States Code, to authorize the National
Guard of a State, as part of a drug interdiction and counter-drug
activities plan, to assist the Immigration and Naturalization
Service in the transportation of aliens who have violated a Federal
or State law prohibiting or regulating the possession, use, or
distribution of a controlled substance; to the Committee on National
Security.
By Mr. GILMAN, [23MY]
H.R. 3525--
A bill to amend title 18, United States Code, to clarify the Federal
jurisdiction over offenses relating to damage to religious property;
to the Committee on the Judiciary.
By Mr. HYDE (for himself and Mr. Conyers), [23MY]
Cosponsors added, [30MY], [10JN], [11JN], [13JN], [17JN], [6JN],
[12JN], [6JN], [12JN]
Reported with amendment (H. Rept. 104-621), [17JN]
Rules suspended. Passed House amended, [18JN]
Passed Senate amended, [26JN]
House agreed to Senate amendment, [27JN]
Presented to the President (July 3, 1996)
Approved [Public Law 104-155] (signed July 3, 1996)
H.R. 3526--
A bill to amend title 18, United States Code, with respect to
transmission of wagering information; to the Committee on the
Judiciary.
By Mr. JOHNSON of South Dakota, [23MY]
H.R. 3527--
A bill to provide financial assistance to Mexican border States for
transportation projects that are necessary to accommodate increased
traffic resulting from the implementation of the North American
Free-Trade Agreement; to the Committee on Transportation and
Infrastructure.
By Mr. KIM (for himself, Mr. Bilbray, Mr. Cunningham, Mr. Bonilla, Mr.
Horn, Mrs. Seastrand, Mr. Bono, Mr. Dreier, Mr. Calvert, Mr. McKeon,
Mr. Doolittle, and Mr. Moorhead), [23MY]
Cosponsors added, [30MY], [2AU]
H.R. 3528--
A bill to require any department, agency, or instrumentally that
contracts with the Federal Government to offer a health plan and
pension plan; to the Committee on Government Reform and Oversight.
By Ms. LOFGREN, [23MY]
H.R. 3529--
A bill to amend the Internal Revenue Code of 1986 to allow an individual
who is entitled to receive child support a refundable credit equal
to the amount of unpaid child support and to increase the tax
liability of the individual required to pay such support by the
amount of the unpaid child support; to the Committee on Ways and
Means.
By Ms. LOFGREN, [23MY]
Committee discharged, [30JY]
H.R. 3530--
A bill to amend the Internal Revenue Code of 1986 to provide a deduction
for legal expenses of individuals who bring sexual harassment suits
against their employers; to the Committee on Ways and Means.
By Ms. LOFGREN, [23MY]
Cosponsors added, [11JY]
H.R. 3531--
A bill to amend title 15, United States Code, to promote investment and
prevent intellectual property piracy with respect to databases; to
the Committee on the Judiciary.
By Mr. MOORHEAD, [23MY]
Cosponsors added, [25SE], [27SE], [30SE], [4OC]
H.R. 3532--
A bill to provide a temporary authority for the use of voluntary
separation incentives by Federal agencies that are reducing
employment levels, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mr. MORAN (for himself, Mr. Hoyer, Mr. Wynn, Mr. Holden, and Ms.
Norton) (all by request), [23MY]
Cosponsors added, [5JN]
H.R. 3533--
A bill to amend the Bank Protection Act of 1968 to require enhanced
security measures sufficient to provide surveillance pictures which
can be used effectively as evidence in criminal prosecutions, to
amend title 28, United States Code, to require the Federal Bureau of
Investigation to make technical recommendations with regard to such
security measures, and for other purposes; to the Committees on
Banking and Financial Services; the Judiciary; for a a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. NADLER, [23MY]
Cosponsors added, [19JN]
H.R. 3534--
A bill to authorize the Secretary of the Interior to renew certain
permits in the Mineral King Addition of the Sequoia National Park
and to protect historic and cultural resources in that National
Park, and for other purposes; to the Committee on Resources.
By Mr. RADANOVICH (for himself, Mr. Cooley, Mr. Herger, Mr. Calvert,
Mrs. Seastrand, Mr. Farr, Mr. Dooley, and Mr. Condit), [23MY]
Reported with amendment (H. Rept. 104-866), [3OC]
H.R. 3535--
A bill to redesignate a Federal building in Suitland, MD, as the ``W.
Edwards Deming Federal Building''; to the Committee on
Transportation and Infrastructure.
By Mr. WYNN, [23MY]
Reported (H. Rept. 104-780), [10SE]
Passed House, [26SE]
H.R. 3536--
A bill to amend title 49, United States Code, to require an air carrier
to request and receive certain records before allowing an individual
to begin service as a pilot, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. DUNCAN (for himself, Mr. Shuster, Mr. Oberstar, Mr. Lipinski,
and Mr. Heineman), [29MY]
Reported with amendment (H. Rept. 104-684), [17JY]
Rules suspended. Passed House amended, [22JY]
H.R. 3537--
A bill to improve coordination of Federal Oceanographic programs; to the
Committees on Resources; National Security; Science, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SAXTON, [29MY]
Cosponsors added, [17JY]
Reported with amendment (H. Rept. 104-771, part 1), [4SE]
Referral to Committees on National Security; Science extended, [4SE]
H.R. 3538--
A bill to amend title 38, United States Code, to clarify the conditions
under which an action may be brought against a State to enforce
veterans' reemployment rights, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. FILNER, [29MY]
Cosponsors added, [25SE], [26SE], [27SE]
H.R. 3539--
A bill to amend title 49, United States Code, to reauthorize programs of
the Federal Aviation Administration, and for other purposes; to the
Committees on Transportation and Infrastructure; Ways and Means;
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SHUSTER (for himself, Mr. Duncan, Mr. Oberstar, and Mr.
Lipinski), [29MY]
Committee on Rules discharged, [26JY]
Reported from the Committee on Transportation and Infrastructure with
amendment (H. Rept. 104-714, part 1), [26JY]
Referral to the Committee on Ways and Means extended, [26JY], [29JY]
Committee on Ways and Means discharged, [30JY]
Considered under suspension of the rules, [10SE]
Rules suspended. Passed House amended, [11SE]
Passed Senate amended (text of S. 1994 inserted in lieu), [18SE]
Senate insisted on its amendment and asked for a conference, [18SE]
House disagreed to Senate amendment and agreed to a conference.
Conferees appointed, [24SE]
Conference report (H. Rept. 104-848) submitted in the House, [26SE]
House agreed to conference report, [27SE]
Senate agreed to conference report, [3OC]
Presented to the President (October 4, 1996)
Approved [Public Law 104-264] (signed October 9, 1996)
H.R. 3540--
A bill making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1997,
and for other purposes.
By Mr. CALLAHAN, [29MY]
Reported (H. Rept. 104-600), [29MY]
Considered, [5JN]
Passed House amended, [11JN]
Passed Senate amended, [26JY]
Senate insisted on its amendment and asked for a conference. Conferees
appointed, [26JY]
House disagreed to Senate amendment and agreed to a conference, [30JY]
Conferees appointed, [30JY]
H.R. 3541--
A bill to provide for an exchange of lands with the city of Greeley, CO,
and The Water Supply and Storage Co. to eliminate private inholdings
in wilderness areas, to cause instream flows to be created above a
wild and scenic river, to eliminate potential development on private
inholdings within the forest boundary, to reduce the need for future
water reservoirs, to reduce the number of Federal land use
authorizations, and to improve the security of the water supply of
the city and the company, and for other purposes; to the Committee
on Resources.
By Mr. ALLARD, [29MY]
H.R. 3542--
A bill to amend title 38, United States Code, to allow dependency and
indemnity compensation to be paid under certain circumstances to
former spouses of veterans dying from service-connected
disabilities; to the Committee on Veterans' Affairs.
By Mr. BAKER of Louisiana, [29MY]
H.R. 3543--
A bill to provide for congressional election campaign accountability,
and for other purposes; to the Committees on House Oversight;
Government Reform and Oversight; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. DUNN of Washington (for herself, Mr. Istook, Mr. Jacobs, and
Mr. English of Pennsylvania), [29MY]
H.R. 3544--
A bill to provide for transition for new Members of the House of
Representatives; to the Committee on House Oversight.
By Mr. FATTAH (for himself, Mr. Doyle, Mr. Hastings of Florida, Mr.
Laughlin, Ms. Norton, Mr. Towns, and Mr. Green of Texas), [29MY]
H.R. 3545--
A bill for the relief of the survivors of the late Secretary of Commerce
Ronald H. Brown and the survivors of each Federal employee killed in
the plane crash with him; to the Committee on the Judiciary.
By Mr. FORBES, [29MY]
[[Page 2897]]
H.R. 3546--
A bill to direct the Secretary of the Interior to convey the Walhalla
National Fish Hatchery to the State of South Carolina; to the
Committee on Resources.
By Mr. GRAHAM, [29MY]
Reported with amendment (H. Rept. 104-701), [24JY]
Rules suspended. Passed House amended, [30JY]
Passed Senate amended, [24SE]
Rules suspended. House agreed to Senate amendments, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-265] (signed October 9, 1996)
H.R. 3547--
A bill to provide for the conveyance of a parcel of real property in the
Apache National Forest in the State of Arizona to the Alpine
Elementary School District 7 to be used for the construction of
school facilities and related playing fields; to the Committee on
Resources.
By Mr. HAYWORTH, [29MY]
Reported with amendment (H. Rept. 104-759), [4SE]
Rules suspended. Passed House amended, [4SE]
H.R. 3548--
A bill to amend title 23, United States Code, to eliminate penalties for
noncompliance by States with requirements relating to the national
minimum drinking age; to the Committee on Transportation and
Infrastructure.
By Mr. KLUG (for himself, Mr. Condit, Mr. Peterson of Minnesota, and
Mr. Tauzin), [29MY]
Cosponsors added, [12JN]
H.R. 3549--
A bill to amend title 23, United States Code, to allow trucks weighing
between 80,000 and 100,000 pounds to operate on that portion of the
Maine Turnpike which is now limited to 80,000 pounds; to the
Committee on Transportation and Infrastructure.
By Mr. LONGLEY (for himself, Mr. Baldacci, and Mr. Zeliff), [29MY]
H.R. 3550--
A bill to amend the Internal Revenue Code of 1986 to exclude from gross
income the gain realized from the sale or exchange of a capital
asset used to generate self-employment income if the entire amount
of such gain is deposited in an individual retirement account; to
the Committee on Ways and Means.
By Mr. McDADE, [29MY]
H.R. 3551--
A bill to amend the act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property'' to confirm and clarify the authority and responsibility
of the Secretary of the Army, acting through the Chief of Engineers,
to promote and carry out shore protection projects, including beach
nourishment projects, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. SHAW (for himself, Mr. Pallone, Mr. Foley, Mr. Castle, Mr.
Andrews, and Mr. Cunningham), [29MY]
Cosponsors added, [4JN], [10JN], [26JN], [11JY], [16JY], [23JY],
[18SE], [26SE], [6JN]
H.R. 3552--
A bill for the relief of Alayne Mae Watson; to the Committee on the
Judiciary.
By Mr. BAKER of Louisiana, [29MY]
H.R. 3553--
A bill to amend the Federal Trade Commission Act to authorize
appropriations for the Federal Trade Commission; to the Committee on
Commerce.
By Mr. OXLEY (for himself and Mr. Manton), [30MY]
Reported (H. Rept. 104-754)(omitted from Record), [2AU]
Rules suspended. Passed House, [4SE]
Passed Senate, [13SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-216] (signed October 1, 1996)
H.R. 3554--
A bill to authorize immediate haying and grazing during 1996 on certain
lands enrolled in the conservation reserve program in the State of
Tennessee; to the Committee on Agriculture.
By Mr. BRYANT of Tennessee (for himself, Mr. Tanner, Mr. Hilleary, Mr.
Clement, Mr. Duncan, and Mr. Wamp), [30MY]
Cosponsors added, [4JN]
H.R. 3555--
A bill to provide for payment under the Medicare Program for
transportation costs of portable ultrasound equipment for diagnostic
tests in the same manner as payment is made for transportation costs
of portable x ray equipment; to the Committees on Commerce; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GREENWOOD, [30MY]
Cosponsors added, [25SE]
H.R. 3556--
A bill to amend the Truth in Lending Act to require notice of
cancellation rights with respect to private mortgage insurance which
is required by a creditor as a condition for entering into a
residential mortgage transaction, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. HANSEN, [30MY]
Cosponsors added, [25JN], [11JY], [22JY], [10SE], [6JN], [12JN],
[26JY], [6JN], [12JN], [26JY]
H.R. 3557--
A bill to direct the Secretary of the Interior to convey the Marion
National Fish Hatchery to the State of Alabama; to the Committee on
Resources.
By Mr. HILLIARD, [30MY]
Reported with amendment (H. Rept. 104-702), [24JY]
Rules suspended. Passed House amended, [30JY]
H.R. 3558--
A bill to provide for greater accuracy in the 2000 decennial census of
population, and for other purposes; to the Committees on Government
Reform and Oversight; Ways and Means; Agriculture; Commerce;
Economic and Educational Opportunities; Banking and Financial
Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. MEEK of Florida (for herself, Mrs. Collins of Illinois, Ms.
Ros-Lehtinen, Mr. Hilliard, Mr. Diaz-Balart, Mr. Dellums, Mr. Dixon,
Ms. Millender-McDonald, Ms. Waters, Ms. Brown of Florida, Mr.
Hastings of Florida, Mr. Johnston of Florida, Mr. Bishop, Mr. Lewis
of Georgia, Ms. McKinney, Mr. Rush, Mr. Jackson, Mr. Fields of
Louisiana, Mr. Jefferson, Mr. Cummings, Mr. Wynn, Mr. Conyers, Miss
Collins of Michigan, Mr. Clay, Mr. Thompson, Mr. Menendez, Mr. Payne
of New Jersey, Mr. Flake, Mr. Owens, Mr. Rangel, Mr. Towns, Mrs.
Clayton, Mr. Watt of North Carolina, Mr. Fattah, Mr. Clyburn, Ms.
Jackson-Lee, Ms. Eddie Bernice Johnson of Texas, Mr. Lantos, Mr.
Pastor, Ms. Roybal-Allard, Mr. Torres, Mr. Frazer, and Ms. Norton),
[30MY]
Cosponsors added, [22JY], [26SE]
H.R. 3559--
A bill to amend the Internal Revenue Code of 1986 to provide a deduction
for a portion of the fiscal year 1996 transitional payment under the
Agricultural Market Transition Act which is deposited into a reserve
against future farm losses; to the Committee on Ways and Means.
By Mr. NETHERCUTT (for himself and Mr. Hastings of Washington), [30MY]
Cosponsors added, [13JN], [19SE]
Cosponsors removed, [25SE]
H.R. 3560--
A bill to designate the Federal building located at 290 Broadway in New
York, NY, as the ``Ronald H. Brown Federal Building''; to the
Committee on Transportation and Infrastructure.
By Mr. RANGEL, [30MY]
Cosponsors added, [30JY], [1AU]
Committee discharged. Passed House amended, [2AU]
H.R. 3561--
A bill to provide greater authority for the Secretary of Veterans
Affairs to share health-care resources of the Department of Veterans
Affairs, to provide enhanced administrative flexibility in carrying
out health-care resources sharing agreements, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. SMITH of New Jersey, [30MY]
H.R. 3562--
A bill to authorize the State of Wisconsin to implement the
demonstration project known as ``Wisconsin Works''; to the
Committees on Ways and Means; Agriculture; Economic and Educational
Opportunities; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. NEUMANN (for himself, Mr. Klug, Mr. Gunderson, Mr. Petri, Mr.
Roth, and Mr. Sensenbrenner), [4JN]
Passed House amended, [6JN]
H.R. 3563--
A bill to provide for the conservation and development of water and
related resources, to authorize the Secretary of the Army to
construct various projects for improvements to rivers and harbors of
the United States, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. SHUSTER (for himself and Mr. Oberstar) (both by request), [4JN]
H.R. 3564--
A bill to amend the NATO Participation Act of 1994 to expedite the
transition to full membership in the North Atlantic Treaty
Organization of emerging democracies in Central and Eastern Europe;
to the Committees on International Relations; Rules, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. GILMAN (for himself, Mr. Bereuter, Mr. Gejdenson, Mr. Hyde, Mr.
Lipinski, Mr. Solomon, Mr. Oberstar, Mr. Cox, Ms. Kaptur, Mr. Leach,
Mrs. Maloney, Mr. Zimmer, Mr. Smith of New Jersey, Mr. Torricelli,
Mr. Brownback, Ms. Lofgren, Mr. Hoke, Mr. Pallone, Mr. Quinn, Mr.
Holden, Mr. Kim, Mr. Hostettler, Mr. Gallegly, and Mr. King), [4JN]
Cosponsors added, [19JN], [11JY], [17JY], [22JY]
Rules suspended. Passed House amended, [23JY]
H.R. 3565--
A bill to amend title 18, United States Code, with respect to juvenile
offenders, and for other purposes; to the Committees on the
Judiciary; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. McCOLLUM (for himself, Mr. Hyde, Mr. Cunningham, Mr. Coble, Mr.
Buyer, Mr. Heineman, and Mr. Bryant of Tennessee), [4JN]
Cosponsors added, [25JN], [18JY], [25JY], [29JY], [31JY], [2AU],
[4SE], [16SE], [10JY]
H.R. 3566--
A bill to expand the definition of limited tax benefit for purposes of
the Line Item Veto Act; to the Committees on Government Reform and
Oversight; Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. BARRETT of Wisconsin, [4JN]
Cosponsors added, [27SE], [12JN], [27JN], [12JN], [27JN]
H.R. 3567--
A bill to fully capitalize the deposit insurance funds, to provide
regulatory relief for insured depository institutions and depository
institution holding companies, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. BEREUTER, [4JN]
Cosponsors added, [20JN], [26JN]
H.R. 3568--
A bill to designate 51.7 miles of the Clarion River, located in
Pennsylvania, as a component of the National Wild and Scenic Rivers
System; to the Committee on Resources.
By Mr. CLINGER, [4JN]
Cosponsors added, [19JN], [8JY], [27JN]
Reported (H. Rept. 104-825), [24SE]
Rules suspended. Passed House, [25SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-314] (signed October 19, 1996)
H.R. 3569--
A bill to provide that the most-favored-nation trading status for the
People's Republic of China may continue provided that Taiwan is
admitted to the World Trade Organization by March 1, 1997; to the
Committee on Ways and Means.
By Mr. COX (for himself, Mr. Gilman, Mr. Solomon, Mr. Torricelli, Mr.
Lantos, Mr. Smith of New
[[Page 2898]]
Jersey, Mr. Royce, Mr. Burton of Indiana, Mr. Scarborough, Mr.
Funderburk, Mr. Brown of Ohio, Mr. Dornan, Mr. Rohrabacher, and Mr.
Bono), [4JN]
H.R. 3570--
A bill to amend the Internal Revenue Code of 1986 to provide that gain
on the sale of a principal residence shall be excluded from gross
income without regard to the age of the taxpayer or the amount of
the gain; to the Committee on Ways and Means.
By Mrs. KELLY, [4JN]
H.R. 3571--
A bill to amend title 18, United States Code, to protect the sanctity of
religious communications; to the Committee on the Judiciary.
By Mr. KING, [4JN]
Cosponsors added, [10JN], [13JN], [25JN], [9JY], [12JY], [23JY]
H.R. 3572--
A bill to designate the bridge on U.S. Route 231 which crosses the Ohio
River between Maceo, KY, and Rockport, IN, as the ``William H.
Natcher Bridge''; to the Committee on Transportation and
Infrastructure.
By Mr. LEWIS of Kentucky, [4JN]
Reported (H. Rept. 104-626), [18JN]
Rules suspended. Passed House, [18JN]
H.R. 3573--
A bill to amend the Oil Pollution Act of 1990 to make the act more
effective in preventing oil pollution in the Nation's waters through
enhanced prevention of, and improved response to, oil spills, and to
ensure that citizens and communities injured by oil spills are
promptly and fully compensated, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. MENENDEZ, [4JN]
Cosponsors added, [10JY]
H.R. 3574--
A bill to amend title 5, United States Code, to provide for the
termination of any rights that a former spouse may have, in
connection with receiving any portion of an annuity of a retired
Federal employee, by reason of the remarriage of the former spouse;
to the Committee on Government Reform and Oversight.
By Mrs. MORELLA, [4JN]
H.R. 3575--
A bill to amend the Agricultural Market Transition Act to include native
pasture for livestock among the list of crops specifically
identified as eligible for noninsured crop disaster assistance; to
the Committee on Agriculture.
By Mr. RICHARDSON (for himself and Mr. Skeen), [4JN]
H.R. 3576--
A bill to designate the U.S. courthouse located at 401 South Michigan
Street in South Bend, IN, as the ``Robert Kurtz Rodibaugh United
States Courthouse''; to the Committee on Transportation and
Infrastructure.
By Mr. ROEMER, [4JN]
Cosponsors added, [1AU]
Reported with amendments (H. Rept. 104-781), [10SE]
Passed House amended, [26SE]
House proceedings (September 26, 1996) vacated, [27SE]
Passed House amended, [27SE]
H.R. 3577--
A bill to oppose the provision of assistance to the People's Republic of
China by any international financial institution; to the Committee
on Banking and Financial Services.
By Mr. SOLOMON (for himself, Mr. Gilman, and Mr. Cox), [4JN]
Cosponsors added, [10JN], [17JY], [12JN]
H.R. 3578--
A bill to reform the safety practices of the railroad industry, to
prevent railroad fatalities, injuries, and hazardous materials
releases, and for other purposes; to the Committee on Transportation
and Infrastructure.
By Mr. OBERSTAR (for himself, Mr. Wise, Mr. Lipinski, Mr. DeFazio, Mr.
Clement, Mr. Nadler, Mr. Menendez, Ms. Eddie Bernice Johnson of
Texas, Mr. Mascara, and Mr. Cummings), [5JN]
Cosponsors added, [31JY]
H.R. 3579--
A bill to direct the Secretary of the Interior to convey certain
property containing a fish and wildlife facility to the State of
Wyoming, and for other purposes; to the Committee on Resources.
By Mrs. CUBIN, [5JN]
Reported with amendment (H. Rept. 104-711), [26JY]
Rules suspended. Passed House amended, [4SE]
H.R. 3580--
A bill to ensure that employees who work under a security agreement that
requires such employees to pay union dues as a condition of
employment have a right to object to the use of their dues for
political, legislative, social, or charitable purposes; to the
Committee on Economic and Educational Opportunities.
By Mr. FAWELL (for himself, Mr. Gingrich, Mr. Armey, Mr. DeLay, Mr.
Boehner, Mr. Ballenger, Mr. Barrett of Nebraska, Mr. Cunningham, Mr.
Hoekstra, Mr. Hutchinson, Mr. Knollenberg, Mr. Graham, Mr.
Funderburk, Mr. Goss, and Mrs. Seastrand), [5JN]
Cosponsors added, [18JN], [20JN], [9JY], [16JY], [22JY], [4SE], [6JN],
[27JN], [6JN], [27JN]
H.R. 3581--
A bill to facilitate a land exchange involving private land within the
exterior boundaries of Wenatchee National Forest in Chelan County,
WA; to the Committee on Resources.
By Mr. HASTINGS of Washington, [5JN]
H.R. 3582--
A bill to permit individuals to continue health plan coverage of
services while participating in approved clinical studies; to the
Committee on Commerce.
By Mrs. LOWEY, [5JN]
H.R. 3583--
A bill to amend the Public Health Service Act to provide, with respect
to research on breast cancer, for the increased involvement of
advocates in decision making at the National Cancer Institute; to
the Committee on Commerce.
By Mrs. LOWEY, [5JN]
H.R. 3584--
A bill to amend the Internal Revenue Code of 1986 to provide a credit
for employers for certain costs incurred to combat violence against
women; to the Committee on Ways and Means.
By Mrs. LOWEY (for herself and Mrs. Morella), [5JN]
Cosponsors added, [2AU], [11SE]
H.R. 3585--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of respite care services under part B of the Medicare
Program, to amend the Internal Revenue Code of 1986 to treat
qualified long-term care services as medical care, and for other
purposes; to the Committees on Ways and Means; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. LOWEY (for herself and Mr. Gilman), [5JN]
H.R. 3586--
A bill to amend title 5, United States Code, to strengthen veterans'
preference, to increase employment opportunities for veterans, and
for other purposes; to the Committee on Government Reform and
Oversight.
By Mr. MICA, [5JN]
Cosponsors added, [20JN], [12JN], [10JY], [12JN], [10JY]
Reported with amendment (H. Rept. 104-675), [12JY]
Rules suspended. Passed House amended, [30JY]
H.R. 3587--
A bill to amend the Public Health Service Act to provide additional
support for and to expand clinical research programs, and for other
purposes; to the Committee on Commerce.
By Mr. NADLER, [5JN]
Cosponsors added, [11JN], [20JN], [17JY]
H.R. 3588--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
expenditure limitations and public financing for House of
Representatives general elections, and for other purposes; to the
Committees on House Oversight; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. OBEY (for himself, Mr. Dellums, and Ms. Slaughter), [5JN]
Cosponsors added, [9SE]
H.R. 3589--
A bill to amend title 13, United States Code, to make clear that no
sampling or other statistical procedure may be used in determining
the total population by States for purposes of the apportionment of
Representatives in Congress; to the Committee on Government Reform
and Oversight.
By Mr. PETRI, [5JN]
H.R. 3590--
A bill to prevent discrimination against victims of domestic abuse in
all lines of insurance and in group health plans; to the Committees
on Commerce; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. POMEROY, [5JN]
Cosponsors added, [9JY], [11JY], [16JY], [18JY], [23JY], [11SE],
[26JY]
H.R. 3591--
A bill to amend title XVIII of the Social Security Act to reduce the
amount of the premium charged for enrollment in part A of the
Medicare Program for individuals not receiving third-party
assistance in payment of the premium; to the Committee on Ways and
Means.
By Mr. STARK (for himself and Mr. Matsui), [5JN]
Cosponsors added, [25JN], [4SE], [17SE]
H.R. 3592--
A bill to provide for conservation and development of water and related
resources, to authorize the Secretary of the Army to construct
various projects for improvements to rivers and harbors of the
United States, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. SHUSTER (for himself, Mr. Oberstar, Mr. Boehlert, and Mr.
Borski), [6JN]
Reported with amendment (H. Rept. 104-695), [22JY]
Rules suspended. Passed House amended, [30JY]
Laid on the table (S. 640 passed in lieu), [30JY]
H.R. 3593--
A bill to require that reductions in force procedures under the new
personnel management system of the Federal Aviation Administration
be subject to veterans preference; to the Committees on
Transportation and Infrastructure; Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BUYER (for himself, Mr. Filner, and Mr. Solomon), [6JN]
H.R. 3594--
A bill to amend title 38, United States Code, to ensure compliance with
veterans preference requirements at the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
By Mr. BUYER (for himself, Mr. Filner, and Mr. Solomon), [6JN]
H.R. 3595--
A bill to make available to the Santee Sioux Tribe of Nebraska its
proportionate share of funds awarded in Docket 74-A to the Sioux
Indian Nation, and for other purposes; to the Committee on
Resources.
By Mr. BARRETT of Nebraska (for himself and Mr. Bereuter), [6JN]
H.R. 3596--
A bill to provide for the establishment of the Oil Region National
Heritage Area, and for other purposes; to the Committee on
Resources.
By Mr. CLINGER (for himself and Mr. English of Pennsylvania), [6JN]
Cosponsors added, [12JN]
H.R. 3597--
A bill to provide for a study of the establishment of Midway Islands as
a national memorial to the Battle of Midway; to the Committee on
Resources.
By Mr. DUNCAN, [6JN]
H.R. 3598--
A bill to amend part A of title XI of the Social Security Act to
prohibit certain misuses of the Social Security account number; to
the Committee on Ways and Means.
By Mr. KLECZKA, [6JN]
H.R. 3599--
A bill to authorize the President to enter into a trade agreement
concerning Northern Ireland and certain border counties of the
Republic of Ireland, and for other purposes; to the Committee on
Ways and Means.
[[Page 2899]]
By Mr. MANTON (for himself, Mr. King, and Mr. Gilman), [6JN]
H.R. 3600--
A bill to establish a commission to be known as the Harold Hughes
Commission on Alcoholism; to the Committee on Commerce.
By Mr. RAMSTAD (for himself, Mr. Wolf, Mr. Emerson, Mr. Kleczka, and
Mr. McNulty), [6JN]
H.R. 3601--
A bill to repeal the Public Utility Holding Company Act of 1935, to
enact the Public Utility Holding Company Act of 1996, and for other
purposes; to the Committee on Commerce.
By Mr. TAUZIN (for himself, Mr. Barton of Texas, Mr. Hayes, Mr.
Norwood, Mr. Linder, Mr. Oxley, Mr. Stearns, Mr. Towns, and Mr.
Baker of Louisiana), [6JN]
H.R. 3602--
A bill to reduce the hazards of dam failures, and for other purposes; to
the Committee on Transportation and Infrastructure.
By Mr. ZELIFF (for himself, Mr. Pete Geren of Texas, Mr. Clinger, Mr.
Ehlers, Mr. Emerson, and Mr. Coble), [6JN]
H.R. 3603--
A bill making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies programs for the
fiscal year ending September 30, 1997, and for other purposes.
By Mr. SKEEN, [7JN]
Reported (H. Rept. 104-613), [7JN]
Considered, [11JN]
Passed House amended, [12JN]
Passed Senate amended, [24JY]
Senate insisted on its amendments and asked for a conference.
Conferees appointed, [24JY]
House disagreed to Senate amendments and agreed to a conference.
Conferees appointed, [30JY]
Conference report (H. Rept. 104-726) submitted in the House, [30JY]
House agreed to conference report, [1AU]
Senate agreed to conference report, [1AU]
Presented to the President (August 2, 1996)
Approved [Public Law 104-180] (signed August 6, 1996)
H.R. 3604--
A bill to amend title XIV of the Public Health Service Act (the ``Safe
Drinking Water Act''), and for other purposes; to the Committee on
Commerce.
By Mr. BLILEY (for himself, Mr. Dingell, Mr. Bilirakis, Mr. Waxman,
Mr. Moorhead, Mr. Bryant of Texas, Mr. Oxley, Mr. Towns, Mr.
Schaefer, Mr. Studds, Mr. Upton, Mr. Pallone, Mr. Franks of
Connecticut, Mrs. Lincoln, Mr. Greenwood, Mr. Deutsch, Mr. Crapo,
Mr. Rush, Mr. Deal, of Georgia, Ms. Furse, Mr. Bilbray, Mr. Stupak,
Mr. Whitfield, Mr. Manton, Mr. Ganske, Mr. Richardson, Mr. Gordon,
and Mr. Markey), [10JN]
Cosponsors added, [18JN], [20JN], [24JN], [12JN]
Reported (H. Rept. 104-632, part 1), [24JN]
Referred to the Committee on Science, [24JN]
Rules suspended. Passed House amended, [25JN]
Laid on the table (S. 1316 passed in lieu), [17JY]
H.R. 3605--
A bill to amend the Internal Revenue Code of 1986 to clarify the
exemption from tax for State funds providing coverage for losses on
property arising from earthquakes; to the Committee on Ways and
Means.
By Mr. LEWIS of California, [10JN]
Cosponsors added, [19JN], [26JN], [16JY]
H.R. 3606--
A bill to amend the Communications Act of 1934 to restore freedom of
speech to the Internet and to protect children from unsuitable
online material; to the Committee on Commerce.
By Ms. LOFGREN, [10JN]
Cosponsors added, [18JN], [25JN], [11JY], [23JY]
H.R. 3607--
A bill to amend chapter 35 of title 44, United States Code, popularly
known as the Paperwork Reduction Act, to ensure that Federal
agencies give priority to reducing paperwork burdens on small
businesses having 50 or fewer employees; to the Committees on
Government Reform and Oversight; Small Business, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SANDERS, [10JN]
H.R. 3608--
A bill to amend section 818 of the National Defense Authorization Act
for fiscal year 1995 to prohibit additional payments for
restructuring costs under defense contracts and to revise certain
reporting requirements relating to such costs; to the Committee on
National Security.
By Mr. SANDERS (for himself, Mr. Frank of Massachusetts, Mr. Barrett
of Wisconsin, Mr. Stark, and Mr. Miller of California), [10JN]
Cosponsors added, [16JY], [25JY]
H.R. 3609--
A bill to authorize appropriations for the payment of U.S. arrearages in
assessed contributions to the United Nations for prior years and to
authorize appropriations for the payment of assessed contributions
of the United States for U.N. peacekeeping operations; to the
Committee on International Relations.
By Mr. SHAYS (for himself and Mr. Farr), [10JN]
Cosponsors added, [1AU], [26JY]
H.R. 3610--
A bill making appropriations for the Department of Defense for the
fiscal year ending September 30, 1997, and for other purposes.
By Mr. YOUNG of Florida, [11JN]
Reported (H. Rept. 104-617), [11JN]
Passed House amended, [13JN]
Passed Senate amended, [18JY]
Senate insisted on its amendment and asked for a conference, [18JY]
House disagreed to Senate amendment and agreed to a conference.
Conferees appointed, [30JY]
Conference report (H. Rept. 104-863) submitted in House, [28SE]
House agreed to conference report, [28SE]
Senate agreed to conference report, [30SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-208] (signed September 30, 1996)
H.R. 3611--
A bill to extend the authority for the homeless veterans' reintegration
projects for fiscal years 1997 through 1999, and for other purposes;
to the Committees on Veterans' Affairs; Banking and Financial
Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BUYER (for himself, Mr. Filner, Mr. Stump, and Mr. Montgomery),
[11JN]
H.R. 3612--
A bill to reform the Nation's welfare system by requiring work and
demanding personal responsibility; to the Committees on Ways and
Means; Agriculture; Banking and Financial Services; Economic and
Educational Opportunities; the Judiciary; Commerce; the Budget;
National Security; International Relations; Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. GIBBONS (for himself, Mr. McDermott, Mr. Matsui, Mr. Cardin,
and Mr. Lewis of Georgia), [11JN]
H.R. 3613--
A bill to require the Secretary of the Army to acquire permanent flowage
and saturation easements over land that is located within the 10-
year floodplain of the James River, SD, and for other purposes; to
the Committee on Transportation and Infrastructure.
By Mr. JOHNSON of South Dakota, [11JN]
H.R. 3614--
A bill to amend title 10, United States Code, to provide that certain
individuals who would be eligible for military retired pay for
nonregular service but for the fact that they did not serve on
active duty during a period of conflict may be paid such retired pay
if they served in the U.S. merchant marine during or immediately
after World War II; to the Committee on National Security.
By Mr. LANTOS (for himself and Ms. Eshoo), [11JN]
Cosponsors added, [4OC]
H.R. 3615--
A bill to amend the Harmonized Tariff Schedule of the United States to
correct the tariff treatment of certain silver and gold bars, and
for other purposes; to the Committee on Ways and Means.
By Mrs. VUCANOVICH (for herself, Mr. Ensign, and Mr. Hayes), [11JN]
H.R. 3616--
A bill to amend the Job Training Partnership Act to provide for the
establishment of standards to ensure long-term economic self-
sufficiency for participants in adult training programs carried out
under part A of title II of that act, and for other purposes; to the
Committee on Economic and Educational Opportunities.
By Ms. WOOLSEY, [11JN]
H.R. 3617--
A bill to amend the National Highway System Designation Act of 1995
relating to metric highway signing requirements; to the Committee on
Transportation and Infrastructure.
By Mr. DUNCAN, [12JN]
H.R. 3618--
A bill to amend title 49, United States Code, to prohibit the
transportation of chemical oxygen generators as cargo on any
aircraft carrying passengers or cargo in air commerce, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. RUSH (for himself, Mr. Poshard, Mr. Towns, Mr. Visclosky, Mrs.
Collins of Illinois, Ms. Furse, Mr. Matsui, Ms. Pelosi, Mr. Condit,
Mr. Dixon, Mr. Bonior, Mr. LaHood, Mr. Thompson, Mr. Clyburn, Mrs.
Meek of Florida, Mr. Gutierrez, Mr. Roemer, and Ms. Eshoo), [12JN]
Cosponsors added, [26JY]
H.R. 3619--
A bill to provide off-budget treatment for the land and water
conservation fund; to the Committees on Resources; the Budget;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CAMPBELL, [12JN]
H.R. 3620--
A bill to amend the act of October 11, 1974 (Public Law 93-440; 88 Stat.
1257), to provide for the continued operation of certain tour
businesses in recently acquired areas of Big Cypress National
Preserve; to the Committee on Resources.
By Mr. GOSS, [12JN]
H.R. 3621--
A bill to amend the Anglo-Irish Agreement Support Act of 1986 to require
that disbursements from the International Fund for Ireland are
distributed in accordance with the MacBride principles of economic
justice, and for other purposes; to the Committee on International
Relations.
By Mr. ENGEL (for himself, Mr. King, Mr. Manton, Mr. Walsh, Mr. Neal
of Massachusetts, Mr. Lazio of New York, Mr. Torricelli, Mrs.
Roukema, and Mrs. Lowey), [12JN]
H.R. 3622--
A bill to provide for the substitution of the term ``standard trade
relations'' in lieu of ``nondiscriminatory treatment'' and ``most-
favored-nation treatment'', and for other purposes; to the
Committees on Ways and Means; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CHRYSLER (for himself, Mr. Camp, Mr. Bunn of Oregon, Mr.
Heineman, Mr. Jones, Mr. Bono, Mr. Riggs, Mr. McCollum, Mr. Bartlett
of Maryland, Mr. Gutknecht, Mr. Ehlers, Mr. Gingrich, Mr. Bilbray,
Mr. Rogers, Mr. Kolbe, Mr. Laughlin, Mr. Tauzin, Mr. Whitfield, Mrs.
Johnson of Connecticut, Mr. Upton, and Mr. Hastert), [12JN]
Cosponsors added, [27JN]
H.R. 3623--
A bill to require the Federal Communications Commission to revise its
television duopoly rules to require public comment on certain local
marketing agreements; to the Committee on Commerce.
By Mr. FARR, [12JN]
H.R. 3624--
A bill to amend the Internal Revenue Code of 1986 to establish, and
provide a checkoff for, a biomedical research fund, and for other
purposes; to the Committees on Ways and Means; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. FORBES, [12JN]
[[Page 2900]]
H.R. 3625--
A bill to authorize appropriations for the National Historical
Publications and Records Commission for fiscal years 1998, 1999,
2000, and 2001; to the Committee on Government Reform and Oversight.
By Mr. MICA, [12JN]
H.R. 3626--
A bill to direct the Administrator of the Federal Aviation
Administration to issue regulations relating to recirculation of
fresh air in commercial aircraft, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. NADLER (for himself, Mr. Schaefer, Mr. Borski, Mr. Farr, Mr.
Frost, Mr. Hinchey, Mr. Johnston of Florida, Mr. Kennedy of
Massachusetts, Mr. Lantos, Mrs. Lowey, Ms. McKinney, Mr. Moran, Ms.
Rivers, Mr. Sanders, and Ms. Woolsey), [12JN]
H.R. 3627--
A bill to provide for the transfer of certain lands near Myton, UT, to
the Utah Division of Wildlife Resources; to the Committee on
Resources.
By Mr. ORTON, [12JN]
H.R. 3628--
A bill to establish the Lower East Side Tenement Museum National
Historic Site, and for other purposes; to the Committee on
Resources.
By Ms. VELAZQUEZ (for herself and Ms. Molinari), [12JN]
H.R. 3629--
A bill to amend title 39, United States Code, to require that
photographic evidence of a person's identity be presented before a
change-of-address order shall be accepted by the U.S. Postal Service
for processing; to the Committee on Government Reform and Oversight.
By Mr. VENTO, [12JN]
Cosponsors added, [10JY]
H.R. 3630--
A bill to require coverage for screening mammography and pap smears
under health plans; to the Committees on Commerce; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FOX (for himself, Mr. Green of Texas, Mr. Lipinski, Mrs.
Roukema, Mr. Davis, and Mr. Forbes), [12JN]
H.R. 3631--
A bill to provide for the recognition and designation of the official
society to administer and coordinate the United States of America
activities to commemorate and celebrate the achievements of the
second millennium, and promote even greater achievements in the
millennium to come by endowing an international cross-cultural
scholarship fund to further the development and education of the
world's future leaders; to the Committees on Government Reform and
Oversight; International Relations; Banking and Financial Services,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DAVIS (for himself, Mr. Moran, Mr. Bateman, Mr. Pickett, Mr.
Boucher, Mr. Sisisky, Mr. Payne of Virginia, Mr. Duncan, Mr. Frost,
Mr. Fazio of California, Mr. Young of Alaska, Mr. Wolf, Mr. Wilson,
Mr. Whitfield, Mr. Stearns, Mr. Scott, Mr. Roemer, Mr. Moorhead, Mr.
Montgomery, Mr. Markey, Mr. Manton, Mr. Lantos, Mr. Conyers, Mr.
Costello, Mr. Gejdenson, Mr. Durbin, Mr. Bereuter, and Mr.
Bilirakis), [12JN]
Cosponsors added, [10JY]
H.R. 3632--
A bill to amend title XIX of the Social Security Act to repeal the
requirement for annual resident review for nursing facilities under
the Medicaid Program and to require resident reviews for mentally
ill or mentally retarded residents when there is a significant
change in physical or mental condition; to the Committee on
Commerce.
By Mr. EHRLICH, [12JN]
Reported (H. Rept. 104-817, part 1), [23SE]
Rules suspended. Passed House, [28SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-315] (signed October 19, 1996)
H.R. 3633--
A bill to amend title XVIII and XIX of the Social Security Act to permit
a waiver of the prohibition of offering nurse aide training and
competency evaluation programs in certain nursing facilities; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. EHRLICH, [12JN]
Reported from the Committee on Commerce (H. Rept. 104-818, part 1,
[23SE]
H.R. 3634--
A bill to amend provisions of the Revised Organic Act of the Virgin
Islands which relate to the temporary absence of executive officials
and the priority payment of certain bonds and other obligations; to
the Committee on Resources.
By Mr. FRAZER (for himself, Mr. Baldacci, Mr. Bishop, Mr. Thompson,
Ms. Norton, Mr. Moran, Mr. Wynn, Mr. Hastings of Florida, Mrs. Meek
of Florida, Mr. Luther, Mr. Romero-Barcelo, Mr. Hilliard, Ms.
McKinney, Mrs. Clayton, Mr. Rangel, Mr. Dornan, Ms. Jackson-Lee, Mr.
Lewis of Georgia, Mr. Flake, Mr. Hayworth, and Mr. Menendez), [13JN]
H.R. 3635--
A bill to direct the Secretary of the Interior to enter into an
agreement with the Governor of the Virgin Islands, upon request,
that provides for the transfer of the authority to manage
Christiansted National Historic site; to the Committee on Resources.
By Mr. FRAZER (for himself, Mr. Baldacci, Mr. Bishop, Mr. Thompson,
Ms. Norton, Mr. Moran, Mr. Wynn, Mr. Hastings of Florida, Mrs. Meek
of Florida, Mr. Luther, Mr. Romero-Barcelo, Mr. Hilliard, Ms.
McKinney, Mrs. Clayton, Mr. Rangel, Mr. Dornan, Ms. Jackson-Lee, Mr.
Lewis of Georgia, Mr. Flake, Mr. Hayworth, and Mr. Menendez), [13JN]
H.R. 3636--
A bill to amend title II of the Social Security Act to ensure the
integrity of the Social Security trust funds by requiring the
Managing Trustee to invest the annual surplus of such trust funds in
marketable interest-bearing obligations of the United States and
certificates of deposit in depository institutions insured by the
Federal Deposit Insurance Corporation, and to protect such trust
funds from the public debt limit; to the Committee on Ways and
Means.
By Mr. NEUMANN (for himself, Mr. McIntosh, Mr. Bass, Mr. Bono, Mr.
Brownback, Mr. Burr, Mr. Campbell, Mr. Chabot, Mrs. Chenoweth, Mr.
Christensen, Mr. Chrysler, Mr. Coburn, Mr. Cooley, Mr. Cremeans,
Mrs. Cubin, Mr. Ehrlich, Mr. English of Pennsylvania, Mr. Ensign,
Mr. Foley, Mr. Forbes, Mr. Fox, Mr. Frisa, Mr. Funderburk, Mr.
Graham, Ms. Greene of Utah, Mr. Gutknecht, Mr. Hastings of
Washington, Mr. Hayworth, Mr. Hilleary, Mr. Hostettler, Mr. Jones,
Mr. LaHood, Mr. Largent, Mr. LaTourette, Mr. Martini, Mr. Metcalf,
Mrs. Myrick, Mr. Ney, Mr. Norwood, Mr. Radanovich, Mr. Riggs, Mr.
Salmon, Mr. Scarborough, Mrs. Seastrand, Mr. Shadegg, Mr. Souder,
Mr. Stockman, Mr. Tiahrt, Mr. Thornberry, Mr. Wamp, Mr. Watts of
Oklahoma, Mr. Weldon of Florida, and Mr. Weller), [13JN]
Cosponsors added, [19JN], [31JY], [5SE], [25SE], [27SE], [10JY]
H.R. 3637--
A bill to amend chapter 57 of title 5, United States Code, and title 31,
United States Code, to provide employees who transfer in the
interest of the Government more effective and efficient delivery of
relocation allowances by reducing administrative costs and improving
services, and for other purposes; to the Committee on Government
Reform and Oversight.
By Mr. HORN (for himself and Mr. Fox), [13JN]
H.R. 3638--
A bill to reauthorize the Development Fund for Africa under chapter 10
of part I of the Foreign Assistance Act of 1961; to the Committee on
International Relations.
By Mr. BEREUTER (for himself, Mr. Houghton, Mr. Hastings of Florida,
and Mr. Payne of New Jersey), [13JN]
H.R. 3639--
A bill to amend the Federal Water Pollution Control Act; to the
Committee on Transportation and Infrastructure.
By Mr. BLUTE (for himself and Mr. Frank of Massachusetts), [13JN]
H.R. 3640--
A bill to provide for the settlement of issues and claims related to the
trust lands of the Torres-Martinez Desert Cahuilla Indians, and for
other purposes; to the Committee on Resources.
By Mr. BONO (for himself, Mr. Hunter, Mr. Brown of California, Mr.
Calvert, and Mr. Burton of Indiana), [13JN]
Reported with amendment (H. Rept. 104-777), [5SE]
Rules suspended. Passed House amended, [10SE]
H.R. 3641--
A bill to amend the Federal Power Act to provide for the delegation of
dam safety authority to State government; to the Committee on
Commerce.
By Mr. GALLEGLY (for himself, Mr. Farr, Mr. Fazio of California, and
Mrs. Seastrand), [13JN]
H.R. 3642--
A bill to provide for the transfer of public lands to certain California
Indian Tribes; to the Committee on Resources.
By Mr. GALLEGLY, [13JN]
Cosponsors added, [24JN]
Reported (H. Rept. 104-767), [4SE]
Rules suspended. Passed House, [10SE]
H.R. 3643--
A bill to amend title 38, United States Code, to extend through December
31, 1998, the period during which the Secretary of Veterans Affairs
is authorized to provide priority health care to certain veterans
who were exposed to Agent Orange or who served in the Persian Gulf
war and to make such authority permanent in the case of certain
veterans exposed to ionizing radiation, and for other purposes; to
the Committee on Veterans' Affairs.
By Mr. HUTCHINSON (for himself, Mr. Edwards, Mr. Stump, and Mr.
Montgomery), [13JN]
Cosponsors added, [18JN], [25JN]
Reported with amendments (H. Rept. 104-648), [27JN]
Rules suspended. Passed House amended, [16JY]
H.R. 3644--
A bill to prohibit the advertising of distilled spirits on radio and
television; to the Committee on Commerce.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Hansen, Mr. Conyers,
Mr. Kasich, Mr. Hinchey, Ms. Norton, Mr. Hoke, Mr. Moran, Mr. Smith
of New Jersey, Mr. Fattah and Mr. Faleomavaega), [13JN]
Cosponsors added, [18JY]
H.R. 3645--
A bill to amend the National Environmental Education Act to extend the
programs under the act, and for other purposes; to the Committee on
Economic and Educational Opportunities.
By Mr. KLUG (for himself, Mr. Walsh, Mr. Barton of Texas, Mr. Pallone,
and Mr. Pete Geren of Texas), [13JN]
Cosponsors added, [18JN], [22JY], [31JY], [5SE], [18SE], [27JN],
[10JY], [27JN], [10JY]
H.R. 3646--
A bill to provide remedies for certain instances of sexual harassment,
and to provide additional funding for the Equal Employment
Opportunity Commission; to the Committees on the Judiciary; Economic
and Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. LOWEY (for herself, Ms. Norton, Mr. Conyers, Mr. Watt of North
Carolina, Ms. Jackson-Lee, Ms. Woolsey, Ms. Pelosi, Mrs. Meek of
Florida, Ms. Eddie Bernice Johnson of Texas, Mrs. Maloney, Mrs.
Clayton, Ms. Rivers, Ms.McKinney, Ms. Brown of Florida, Mr.
Abercrombie, Mr. Ackerman, Mr. Brown of California, Mr. Dooley, Mr.
Frost, Mr. Gutierrez, Mr. Hilliard, Mr. Lantos, and Mr. Thompson),
[13JN]
Cosponsors added, [23JY], [2AU], [11SE]
H.R. 3647--
A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968
to ensure that chaplains killed in the line of duty receive
benefits; to the Committee on the Judiciary.
By Mr. MANZULLO (for himself, Mr. Weldon of Pennsylvania, Mr. Waxman,
Mr. Solomon, Mr. Cole
[[Page 2901]]
man, Mr. Coble, Mr. Evans, Mr. Diaz-Balart, Mr. Frost, and Mr.
Jacobs), [13JN]
Cosponsors added, [22JY], [23JY], [24JY], [1AU], [4OC]
H.R. 3648--
A bill to reestablish the National Science Scholars Program; to the
Committees on Economic and Educational Opportunities; Science, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. MARKEY, [13JN]
Cosponsors added, [19JN], [25JN], [9JY], [16JY], [23JY], [5SE], [10JY]
H.R. 3649--
A bill to provide for a demonstration project to assess the feasibility
and desirability of temporarily placing Federal employees with
another agency or other potential employer so as to facilitate the
reemployment of individuals facing separation pursuant to a
reduction in force; to the Committee on Government Reform and
Oversight.
By Mrs. MORELLA, [13JN]
H.R. 3650--
A bill to amend part E of title IV of the Social Security Act to require
States to regard adult relatives who meet State child protection
standards as the preferred placement option for children, and to
provide for demonstration projects to test the feasibility of
establishing kinship care as an alternative to foster care for a
child who has adult relatives willing to provide safe and
appropriate care for the child; to the Committee on Ways and Means.
By Mrs. MORELLA (for herself, Mr. Kennedy of Massachusetts, Mr. Wolf,
Ms. Norton, Mr. Sabo, and Mr. Johnston of Florida), [13JN]
H.R. 3651--
A bill to amend the Federal Election Campaign Act of 1971 to limit
expenditures in House of Representatives elections; to the Committee
on House Oversight.
By Mr. POMEROY, [13JN]
H.R. 3652--
A bill to apply equal standards to certain foreign made and domestically
produced handguns; to the Committee on the Judiciary.
By Mr. REED (for himself, Mr. Schumer, Mrs. Roukema, Mr. Berman, Mr.
Engel, Mr. Nadler, Mr. Waxman, Mr. Yates, Mr. Kennedy of Rhode
Island, Ms. Pelosi, Mr. McDermott, Mr. Horn, Ms. Norton, Mr. Clay,
Mr. Owens, Ms. Lofgren, Mr. Manton, and Mr. Torricelli), [13JN]
Cosponsors added, [4SE]
H.R. 3653--
A bill to amend the Federal Election Campaign Act of 1971 to require
candidates for the House of Representatives or the Senate to file
information included in quarterly candidate reports with the Federal
Election Commission within 48 hours of the time the information
becomes available, to require all reports filed with the Federal
Election Commission to be filed electronically, to require the
information contained in such reports to be made available through
the Internet, and for other purposes; to the Committee on House
Oversight.
By Ms. RIVERS, [13JN]
A bill to ensure the competitiveness of the U.S. textile and apparel
industry; to the Committee on Ways and Means.
By Mr. SPRATT (for himself, Mr. Coble, Mr. Payne of Virginia, Mr.
Burr, Mr. Collins of Georgia, Mr. Rangel, Mr. Rogers, Mr. Cardin,
Mr. Neal of Massachusetts, Mr. Coyne, Mr. Ford, Mr. Lewis of
Georgia, Mr. Levin, Mr. Matsui, Mr. Hunter, Mr. Flanagan, Mr. Baker
of California, Mr. Chambliss, Mr. Browder, Mr. Frank of
Massachusetts, Mr. Hefner, Mr. Quillen, Ms. Kaptur, Mr. Spence, Mr.
Montgomery, Mr. Lewis of Kentucky, Mr. Graham, Mr. Deal of Georgia,
Mr. Funderburk, Mr. Jones, Mr. Clyburn, Mr. Watt of North Carolina,
Mr. Ballenger, Mr. Heineman, Mr. Rahall, Mr. Andrews, Mr. Thompson,
Mr. Rose, Mr. Peterson of Minnesota, Mr. Sisisky, Mr. Gordon, Mr.
McHale, Mr. Holden, Mr. Bishop, Mr. Boucher, Mr. Wolf, Mr. Cramer,
Mr. Engel, Mr. Condit, Mr. Stenholm, Mr. Reed, Mr. Whitfield, Mr.
Hall of Texas, Mr. Inglis of South Carolina, Mr. Nadler, Mr.
DeFazio, Mr. Miller of California, Mrs. Myrick, Mrs. Clayton, Mr.
Stupak, Mr. Norwood, Ms. Jackson-Lee, Mr. Kingston, Mr. Linder, Mr.
Tanner, Ms. Slaughter, and Ms. Danner), [13JN]
Cosponsors added, [26JN], [12JY], [22JY], [31JY], [11SE], [19SE],
[27SE], [28SE], [30SE], [1OC], [27JN]
H.R. 3654--
A bill to ensure the competitiveness of the U.S. textile and apparel
industry; to the Committee on Ways and Means.
By Mr. SPRATT (for himself, Mr. Coble, Mr. Payne of Virginia, Mr.
Burr, Mr. Collins of Georgia, Mr. Rangel, Mr. Rogers, Mr. Cardin,
Mr. Neal of Massachusetts, Mr. Coyne, Mr. Ford, Mr. Lewis of
Georgia, Mr. Levin, Mr. Matsui, Mr. Hunter, Mr. Flanagan, Mr. Baker
of California, Mr. Chambliss, Mr. Browder, Mr. Frank of
Massachusetts, Mr. Hefner, Mr. Quillen, Ms. Kaptur, Mr. Spence, Mr.
Montgomery, Mr. Lewis of Kentucky, Mr. Graham, Mr. Deal of Georgia,
Mr. Funderburk, Mr. Jones, Mr. Clyburn, Mr. Watt of North Carolina,
Mr. Ballenger, Mr. Heineman, Mr. Rahall, Mr. Andrews, Mr. Thompson,
Mr. Rose, Mr. Peterson of Minnesota, Mr. Sisisky, Mr. Gordon, Mr.
McHale, Mr. Holden, Mr. Bishop, Mr. Boucher, Mr. Wolf, Mr. Cramer,
Mr. Engel, Mr. Condit, Mr. Stenholm, Mr. Reed, Mr. Whitfield, Mr.
Hall of Texas, Mr. Inglis of South Carolina, Mr. Nadler, Mr.
DeFazio, Mr. Miller of California, Mrs. Myrick, Mrs. Clayton, Mr.
Stupak, Mr. Norwood, Ms. Jackson-Lee, Mr. Kingston, Mr. Linder, Mr.
Tanner, Ms. Slaughter, and Ms. Danner), [13JN]
H.R. 3655--
A bill to amend title 18, United States Code, to reform Federal prisons;
to the Committee on the Judiciary.
By Mr. TATE, [13JN]
H.R. 3656--
A bill to amend the Safe Drinking Water Act to require persons
contributing to drinking water contamination to reimburse public
water systems for the costs of decontamination; to the Committees on
Commerce; the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. TORRICELLI (for himself and Mr. Pallone), [13JN]
Cosponsors added, [30JY]
H.R. 3657--
A bill to provide pay equity and labor protection for contingent
workers, and for other purposes; to the Committees on Economic and
Educational Opportunities; Ways and Means; Government Reform and
Oversight; House Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Ms. VELAZQUEZ, [13JN]
H.R. 3658--
A bill to amend the Federal Election Campaign Act of 1971 to provide for
campaign spending limits, and for other purposes; to the Committee
on House Oversight.
By Mr. VOLKMER, [13JN]
H.R. 3659--
A bill to amend the Tongass Timber Reform Act to ensure the proper
stewardship of publicly owned assets in the Tongass National Forest
in the State of Alaska, a fair return to the United States for
public timber in the Tongass, and a proper balance among multiple
use interests in the Tongass to enhance forest health, sustainable
harvest, and the general economic health and growth in southeast
Alaska and the United States; to the Committees on Agriculture;
Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. YOUNG of Alaska, [13JN]
H.R. 3660--
A bill to make amendments to the Reclamation Wastewater and Groundwater
Study and Facilities Act, and for other purposes; to the Committee
on Resources.
By Mr. HANSEN, [17JN]
Reported with amendments (H. Rept. 104-703), [24JY]
Rules suspended. Passed House amended, [4SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-266] (signed October 9, 1996)
H.R. 3661--
A bill to provide that a manufactured home may be protected during a
flood event without affecting eligibility of a community for
participation in the national flood insurance program; to the
Committee on Banking and Financial Services.
By Mr. NEY, [17JN]
H.R. 3662--
A bill making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1997, and
for other purposes.
By Mr. REGULA, [18JN]
Reported (H. Rept. 104-625), [18JN]
Considered, [19JN]
Passed House amended, [20JN]
H.R. 3663--
A bill to amend the District of Columbia Self-Government and
Governmental Reorganization Act to permit the Council of the
District of Columbia to authorize the issuance of revenue bonds with
respect to water and sewer facilities, and for other purposes; to
the Committee on Government Reform and Oversight.
By Mr. DAVIS (for himself, Ms. Norton, Mr. McHugh, Mr. Gutknecht, Mr.
LaTourette, Mr. Flanagan, Mr. Towns, Miss Collins of Michigan, Mr.
Hoyer, Mrs. Morella, Mr. Moran, and Mr. Wynn), [18JN]
Reported (H. Rept. 104-635), [25JN]
Passed House amended, [27JN]
Passed Senate, [30JY]
Presented to the President (August 1, 1996)
Approved [Public Law 104-184] (signed August 6, 1996)
H.R. 3664--
A bill to make miscellaneous and technical corrections to improve the
operations of the government of the District of Columbia; to the
Committee on Government Reform and Oversight.
By Mr. DAVIS, [18JN]
H.R. 3665--
A bill to transfer to the Secretary of Agriculture the authority to
conduct the census of agriculture; to the Committees on Government
Reform and Oversight; Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. ROBERTS (for himself, Mr. de la Garza, Mr. Emerson, Mr. Rose,
Mr. Combest, Mr. Stenholm, Mr. Boehner, Mr. Johnson of South Dakota,
Mr. Baker of Louisiana, Mr. Hilliard, Mr. Calvert, Mr. Pomeroy, Mr.
Cooley, Mr. Bishop, Mr. LaHood, Mr. Baldacci, and Mr. Wise), [18JN]
Cosponsors added, [19JN], [27JN]
Reported with amendments (H. Rept. 104-653, part 1), [27JN]
Rules suspended. Passed House amended, [22JY]
H.R. 3666--
A bill making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. LEWIS of California, [18JN]
Reported (H. Rept. 104-628), [18JN]
Considered, [25JN]
Passed House amended, [26JN]
Passed Senate amended, [5SE]
Senate insisted on its amendments and asked for a conference, [5SE]
House disagreed to Senate amendments and agreed to a conference,
[11SE]
Conference report (H. Rept. 104-812) submitted in the House, [20SE]
House agreed to conference report, [24SE]
Senate agreed to conference report, [25SE]
Presented to the President (September 25, 1996)
Approved [Public Law 104-204] (signed September 26, 1996)
H.R. 3667--
A bill to amend the Internal Revenue Code of 1986 to exclude tips from
gross income; to the Committee on Ways and Means.
[[Page 2902]]
By Mr. CRANE, [18JN]
H.R. 3668--
A bill to require the Secretary of Defense to provide back pay to the
Vietnamese commandos who were employed by the United States during
the Vietnam conflict to conduct covert operations in North Vietnam
so as to compensate the commandos for the years in which they were
imprisoned and persecuted in Vietnam; to the Committee on National
Security.
By Mr. DORNAN, [18JN]
H.R. 3669--
A bill to establish sources of funding for certain transportation
infrastructure projects in the vicinity of the border between the
United States and Mexico that are necessary to accommodate increased
traffic resulting from the implementation of the North American
Free-Trade Agreement, including construction of new Federal border
crossing facilities, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. FILNER, [18JN]
H.R. 3670--
A bill to extend certain programs under the Energy Policy and
Conservation Act through fiscal year 1998, and for other purposes;
to the Committees on Commerce; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned; to the Committee on Transportation and
Infrastructure.
By Mr. SCHAEFER, [18JN]
H.R. 3671--
A bill to provide for the recognition of the United Houma Nation and to
provide for the settlement of land claims of the United Houma
Nation; to the Committee on Resources.
By Mr. TAUZIN, [18JN]
H.R. 3672--
A bill to amend the Federal Food, Drug, and Cosmetic Act to repeal the
provisions for the certification of drugs containing insulin and
antibiotics; to the Committee on Commerce.
By Mr. WAXMAN, [18JN]
H.R. 3673--
A bill to amend title 38, United States Code, to revise and improve
certain veterans programs and benefits, to authorize the American
Battle Monuments Commission to enter into arrangements for the
repair and long-term maintenance of war memorials for which the
Commission assumes responsibility, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Everett, Mr. Evans, Mr.
Buyer, and Mr. Filner), [19JN]
Cosponsors added, [25JN]
Reported (H. Rept. 104-649), [27JN]
Rules suspended. Passed House amended, [16JY]
H.R. 3674--
A bill to amend title 38, United States Code, to clarify the causal
relationship required between a veteran's service-connected
disability and employment handicap for purposes of determining
eligibility for training and rehabilitation assistance, to transfer
certain educational assistance entitlements from the post-Vietnam
era educational assistance program to the Montgomery GI bill, and
for other purposes; to the Committee on Veterans' Affairs.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Buyer, Mr. Everett, Mr.
Evans, and Mr. Mascara), [19JN]
Cosponsors added, [25JN]
Reported (H. Rept. 104-650), [27JN]
Rules suspended. Passed House amended, [16JY]
H.R. 3675--
A bill making appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1997, and
for other purposes.
By Mr. WOLF, [19JN]
Reported (H. Rept. 104-631), [19JN]
Passed House amended, [27JN]
Passed Senate amended, [31JY]
Senate insisted on its amendments and asked for a conference, [31JY]
House disagreed to Senate amendments and agreed to a conference, [5SE]
Conferees appointed, [5SE]
Conference report (H. Rept. 104-785) submitted in the House, [16SE]
House agreed to conference report, [18SE]
Senate agreed to conference report, [18SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-205] (signed September 30, 1996)
H.R. 3676--
A bill to amend title 18, United States Code, clarify the intent of
Congress with respect to the Federal carjacking prohibition; to the
Committee on the Judiciary.
By Mr. CONYERS, [19JN]
Reported with amendment (H. Rept. 104-787), [16SE]
Rules suspended. Passed House amended, [17SE]
Passed Senate, [18SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-217] (signed October 1, 1996)
H.R. 3677--
A bill to amend the Internal Revenue Code of 1986 relating to the
unemployment tax for individuals employed in the entertainment
industry; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Matsui, Mr. Royce,
Mr. Rangel, Mr. Bono, Mr. Gejdenson, Mr. Dornan, Mr. Torres, and Mr.
Waxman), [19JN]
Cosponsors added, [24JY], [10JY]
H.R. 3678--
A bill to extend the Medicare waiver of liability provisions for home
health agencies, hospice programs, and skilled nursing facilities;
to the Committee on Ways and Means.
By Mr. JACOBS (for himself, Mr. Portman, Mr. Cardin, Mrs. Johnson of
Connecticut, Mr. McDermott, Mr. English of Pennsylvania, Mr. Coyne,
Mr. Bunning of Kentucky, Mr. Abercrombie, Mr. Stupak, Mr. Baldacci,
Mr. Emerson, Ms. Norton, and Mr. Ehlers), [19JN]
Cosponsors added, [11JY], [11SE]
H.R. 3679--
A bill to prohibit any increase in the amount of a security deposit paid
by a low-income family for rental of a dwelling unit receiving
Federal rental housing assistance during the occupancy of the family
in the unit; to the Committee on Banking and Financial Services.
By Mrs. MINK of Hawaii, [19JN]
H.R. 3680--
A bill to amend title 18, United States Code, to carry out the
international obligations of the United States under the Geneva
Conventions to provide criminal penalties for certain war crimes; to
the Committee on the Judiciary.
By Mr. JONES (for himself, Mr. Hoke, Mr. Stump, Mr. Solomon, Mr.
McHale, Mr. Hunter, Mr. Montgomery, Mr. Lewis of Kentucky, Mr.
Torkildsen, Mr. Watts of Oklahoma, Mr. Everett, Mr. McHugh, Mr.
Ortiz, Mr. Hostettler, Mrs. Fowler, Mr. Longley, and Mr. Kolbe),
[19JN]
Cosponsors added, [20JN]
Reported (H. Rept. 104-698), [24JY]
Rules suspended. Passed House, [29JY]
Passed Senate, [2AU]
Presented to the President (August 9, 1996)
Approved [Public Law 104-192] (signed August 21, 1996)
H.R. 3681--
A bill to provide that if an employer provides additional leave to a
parent for the birth such employer shall provide the same leave to a
parent for an adopted child or a foster child; to the Committees on
Economic and Educational Opportunities; Government Reform and
Oversight; House Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Ms. NORTON, [19JN]
H.R. 3682--
A bill to allow certain individuals seeking part-time employment to be
eligible to receive unemployment compensation, to require the
Secretary of Labor to establish and carry out an annual survey
relating to temporary workers, to protect part-time and temporary
workers relating to pension and group health plans, and for other
purposes; to the Committees on Ways and Means; Economic and
Educational Opportunities; Government Reform and Oversight; National
Security, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. SCHROEDER, [19JN]
H.R. 3683--
A bill to amend the Federal Election Campaign Act of 1971 to prohibit
use of labor organization dues and fees for political activities,
and for other purposes; to the Committee on House Oversight.
By Mr. TIAHRT, [19JN]
H.R. 3684--
A bill to prohibit the importation into the United States of goods
produced, manufactured, or exported by the People's Liberation Army
of China or any Chinese defense industrial trading company; to the
Committee on Ways and Means.
By Mr. GILMAN (for himself, Mr. Lantos, Mr. Solomon, Mr. Cox, Mr.
Spence, Mr. Hyde, Mr. Smith of New Jersey, Mr. Wolf, Mr. Royce, Mr.
Burton of Indiana, and Ms. Pelosi), [20JN]
H.R. 3685--
A bill to require the Federal Trade Commission and the Federal
Communications Commission to take action, as necessary, to protect
consumer privacy in light of the convergence of communications
technologies; to the Committee on Commerce.
By Mr. MARKEY, [20JN]
H.R. 3686--
A bill to amend the Nuclear Waste Policy Act of 1982 to prohibit the
licensing of a permanent or interim nuclear waste storage facility
outside the 50 States or the District of Columbia, and for other
purposes; to the Committee on Commerce.
By Mr. ABERCROMBIE (for himself, Mrs. Mink of Hawaii, Mr.
Faleomavaega, Mr. Underwood, Mr. Frazer, and Mr. Miller of
California), [20JN]
H.R. 3687--
A bill to amend Title 5 of the United States Code to provide a civil
remedy for the request or receipt of protected records for a
nonroutine use by any person within the Executive Offices of the
President, and for other purposes; to the Committees on Government
Reform and Oversight; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BARR, [20JN]
Cosponsors added, [26JN], [10JY], [26JY], [10JY], [26JY]
H.R. 3688--
A bill to require that 401(k)-type pension plans be subject to the same
prohibited transaction rules that apply to traditional defined
benefit pension plans; to the Committee on Economic and Educational
Opportunities.
By Mr. CONDIT, [20JN]
Cosponsors added, [16JY], [31JY], [4SE], [5SE], [26SE], [27JN]
H.R. 3689--
A bill to amend the international narcotics control program under the
Foreign Assistance Act of 1961 to establish an additional
certification standard for certain illicit drug producing countries
and drug-transit countries and to establish an additional reporting
requirement under that program; to the Committee on International
Relations.
By Mr. HAMILTON (for himself, Mr. Shaw, Mr. Lantos, Mr. Ackerman, Mr.
Johnston of Florida, Mr. Faleomavaega, Mr. Wynn, Mr. Moran, and Mr.
Frazer), [20JN]
H.R. 3690--
A bill to limit the types of commercial nonpostal services which may be
offered by the U.S. Postal Service; to the Committee on Government
Reform and Oversight.
By Mr. HUNTER (for himself, Mr. Cunningham, Mr. Packard, Mr. Young of
Alaska, Mr. McKeon, Mr. Bartlett of Maryland, Mr. Riggs, and Mr.
Cox), [20JN]
Cosponsors added, [2AU], [17SE], [25SE]
H.R. 3691--
A bill to provide for the establishment of a Prescription Drug Price
Review Board to identify excessive drug prices, and for other
purposes; to the Committee on Commerce.
By Mr. JOHNSON of South Dakota, [20JN]
Cosponsors added, [17SE]
H.R. 3692--
A bill to promote the restoration, conservation, and enhancement of
wetlands through the establishment of a responsible wetlands
mitigation
[[Page 2903]]
banking program; to the Committee on Transportation and
Infrastructure.
By Mr. JONES, [20JN]
Cosponsors added, [26SE]
H.R. 3693--
A bill to amend the Internal Revenue Code of 1986 to allow a capital
loss deduction with respect to the sale or exchange of a principal
residence; to the Committee on Ways and Means.
By Mrs. LOWEY (for herself, Mr. Gilman, and Mr. Shays), [20JN]
Cosponsors added, [1AU], [2AU], [25SE]
H.R. 3694--
A bill to prohibit insurers from offering monetary rewards, penalties,
or inducements to licensed health care practitioners' on the basis
of the health care practitioners' decisions to limit the
availability of appropriate medical tests, services, or treatments;
to the Committee on Commerce.
By Mr. NADLER, [20JN]
H.R. 3695--
A bill to prohibit insurers from including provisions in health plans
and contracts with health care providers to indemnify the insurer
against any liability; to the Committee on Commerce.
By Mr. NADLER, [20JN]
H.R. 3696--
A bill to amend the Social Security Act to require the Secretary of
Health and Human Services to approve or deny on a timely basis an
application for a waiver for certain AFDC and Medicaid demonstration
projects; to the Committees on Ways and Means; Commerce, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. PAXON (for himself, Mr. Frisa, Ms. Molinari, Mr. King, Mr.
Solomon, Mr. Walsh, Mrs. Meyers of Kansas, Mr. Bass, Mr. Houghton,
and Mr. Sam Johnson), [20JN]
Cosponsors added, [17JY]
H.R. 3697--
A bill to exempt from the regulation E requirements, State
administration of the Food Stamp Program through electronic benefit
transfer systems that provide for distribution of means-tested
benefits; to the Committee on Agriculture.
By Mr. ROBERTS (for himself, Mr. Emerson, Mr. Bryant of Tennessee, and
Mr. Condit), [20JN]
H.R. 3698--
A bill to reduce violent crime by juvenile offenders; to the Committees
on the Judiciary; Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. Schumer (by request), [20JN]
H.R. 3699--
A bill to establish a demonstration project to authorize certain covered
beneficiaries under the military health care system, including the
dependents of active duty military personnel and retired members and
their dependents, to enroll in the Federal employees health benefits
program and to ensure their future health security through the use
of medical savings accounts; to the Committees on National Security;
Government Reform and Oversight; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STEARNS (for himself, Mr. Mica, and Mr. Canady), [20JN]
H.R. 3700--
A bill to amend the Federal Election Campaign Act of 1971 to permit
interactive computer services to provide their facilities free of
charge to candidates for Federal offices for the purpose of
disseminating campaign information and enhancing public debate; to
the Committee on House Oversight.
By Mr. WHITE (for himself, Mr. Thomas, Ms. Dunn of Washington, Ms.
Pryce, and Mr. Rohrabacher), [20JN]
Cosponsors added, [26JN], [11JY], [12JY], [16JY], [23JY], [24JY],
[30JY], [1AU]
Rules suspended. Passed House amended, [26SE]
H.R. 3701--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for each of four vessels; to the
Committee on Transportation and Infrastructure.
By Mr. DEUTSCH, [20JN]
H.R. 3702--
A bill to prohibit discrimination on the basis of certain factors with
respect to any aspect of a surety bond transaction; to the Committee
on the Judiciary.
By Ms. NORTON, [24JN]
H.R. 3703--
A bill to amend the Internal Revenue Code of 1986 to provide the same
insurance reserve treatment to financial guaranty insurance as
applies to mortgage guaranty insurance, lease guaranty insurance,
and tax-exempt bond insurance; to the Committee on Ways and Means.
By Mr. RANGEL, [24JN]
H.R. 3704--
A bill to amend the Family and Medical Leave Act of 1993 to apply the
act to a greater percentage of the U.S. workforce and to allow
employees to take parental involvement leave to participate in or
attend their children's educational and extracurricular activities,
and for other purposes; to the Committees on Economic and
Educational Opportunities; Government Reform and Oversight; House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. SCHROEDER, [24JN]
Cosponsors added, [17SE]
H.R. 3705--
A bill to provide for the liquidation or reliquidation of certain frozen
concentrated orange juice entries to correct an error that was made
in connection with the original liquidation; to the Committee on
Ways and Means.
By Mr. STEARNS, [24JN]
H.R. 3706--
A bill to designate the Mollie Beattie Alaska Wilderness Area in the
Arctic National Wildlife Refuge; to the Committee on Resources.
By Mr. YOUNG of Alaska, [24JN]
Cosponsors added, [12JY]
H.R. 3707--
A bill to extend the legislative authority for the Black Revolutionary
War Patriots Foundation to establish a commemorative work; to the
Committee on Resources.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Watts of Oklahoma,
and Mr. Payne of New Jersey), [25JN]
H.R. 3708--
A bill to protect the retirement security of Americans; to the
Committees on Economic and Educational Opportunities; Ways and
Means; Government Reform and Oversight; Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. ANDREWS, [25JN]
Cosponsors added, [17JY], [2AU]
H.R. 3709--
A bill to promote the growth of science and technology in the United
States; to the Committee on Science.
By Mr. BROWN of California, [25JN]
H.R. 3710--
A bill to designate a U.S. courthouse located in Tampa, FL, as the ``Sam
M. Gibbons United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Ms. BROWN of Florida, [25JN]
Cosponsors added, [16JY], [22JY], [23JY], [24JY], [25JY], [30JY],
[1AU], [2AU], [10JY], [26JY], [10JY], [26JY]
Committee discharged. Passed House amended, [2AU]
Passed Senate, [24SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-230] (signed October 2, 1996)
H.R. 3711--
A bill to amend title 38, United States Code, to provide for an
assessment of the provision of health care services and the conduct
of research by the Department of Veterans Affairs relating to women
veterans; to the Committee on Veterans' Affairs.
By Ms. BROWN of Florida, [25JN]
H.R. 3712--
A bill to amend title 38, United States Code, to improve the research
activities of the Department of Veterans Affairs relating to women
veterans; to the Committee on Veterans' Affairs.
By Ms. BROWN of Florida, [25JN]
H.R. 3713--
A bill to amend title 38, United States Code, to improve health care
services for women veterans provided by the Department of Veterans
Affairs; to the Committee on Veterans' Affairs.
By Ms. BROWN of Florida, [25JN]
Cosponsors added, [25JY], [30JY], [1AU], [2AU], [28SE]
H.R. 3714--
A bill to amend title XVIII of the Social Security Act to make certain
changes to hospice care under the Medicare Program; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. CARDIN (for himself, Mr. Portman, Mr. English of Pennsylvania,
Mr. Jacobs, and Mr. McNulty), [25JN]
Cosponsors added, [12JY], [22JY], [23JY], [29JY], [31JY], [2AU],
[4SE], [11SE], [18SE], [19SE], [24SE], [25SE], [26SE], [27SE],
[28SE], [1OC]
H.R. 3715--
A bill to amend the Public Health Service Act to provide for research on
the disease known as lymphangioleimyomatosis, commonly known as LAM;
to the Committee on Commerce.
By Mr. CHABOT (for himself, Mrs. Lowey, Mr. Payne of New Jersey, Mr.
Payne of Virginia, Mr. Rahall, Mr. Olver, Mr. Greenwood, Mr.
Portman, Mr. Wicker, Mr. Bunning of Kentucky, Mr. Cremeans, Mr.
Kennedy of Massachusetts, Mr. Towns, Mr. Ackerman, and Mr.
Gonzalez), [25JN]
Cosponsors added, [23JY], [23SE], [27JN], [10JY], [27JN], [10JY]
H.R. 3716--
A bill to implement the project for American renewal, and for other
purposes; to the Committees on Ways and Means; Agriculture; Banking
and Financial Services; Commerce; Economic and Educational
Opportunities; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. KASICH, [25JN]
Cosponsors added, [18JY], [2AU]
H.R. 3717--
A bill to reform the postal laws of the United States; to the Committees
on Government Reform and Oversight; the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. McHUGH (for himself and Mr. Clinger), [25JN]
H.R. 3718--
A bill to apply the rates of duty effective after December 31, 1994, to
certain water resistant wool trousers that were entered, or
withdrawn from warehouse for consumption, after December 31, 1988,
and before January 1, 1995; to the Committee on Ways and Means.
By Mr. MEEHAN, [25JN]
H.R. 3719--
A bill to amend the Small Business Act and the Small Business Investment
Act of 1958; to the Committee on Small Business.
By Mrs. MEYERS of Kansas, [26JN]
Reported with amendment (H. Rept. 104-750), [2AU]
Passed House amended, [5SE]
H.R. 3720--
A bill to amend the Small Business Investment Act of 1958, and for other
purposes; to the Committee on Small Business.
By Mrs. MEYERS of Kansas, [26JN]
H.R. 3721--
A bill to establish the Omnibus Territories Act; to the Committees on
Resources; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FALEOMAVAEGA, [26JN]
H.R. 3722--
A bill to amend title 38, United States Code, to revise the manner by
which the Secretary of Veterans Affairs ranks applicants for grants
under
[[Page 2904]]
the State Home Construction Grant Program administered by the
Secretary and to limit the number of grants any State may be awarded
in a year under that program; to the Committee on Veterans' Affairs.
By Mrs. KELLY (for herself, Mrs. Lowey, Mr. Ackerman, Mr. Hinchey, Mr.
King, Mr. Manton, Mr. McHugh, Mr. Owens, Mr. Serrano, and Mr.
Solomon), [26JN]
Cosponsors added, [2AU]
H.R. 3723--
A bill to amend title 18, United States Code, to protect proprietary
economic information, and for other purposes; to the Committee on
the Judiciary.
By Mr. McCOLLUM (for himself and Mr. Schumer), [26JN]
Cosponsors added, [9JY]
Reported with amendment (H. Rept. 104-788), [16SE]
Rules suspended. Passed House amended, [17SE]
Passed Senate amended, [18SE]
House agreed to Senate amendment with an amendment, [28SE]
Senate agreed to House amendment to Senate amendment, [2OC]
Presented to the President (October 4, 1996)
Approved [Public Law 104-294] (signed October 11, 1996)
H.R. 3724--
A bill to improve the integrity of the Social Security card and to
provide for criminal penalties for fraud and related activity
involving work authorization documents for purposes of the
Immigration and Nationality Act; to the Committees on the Judiciary;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. McCOLLUM (for himself, Mr. Schumer, Mr. Stenholm, Mr. Horn, Mr.
Levin, Mr. Canady, Mr. Hunter, Mr. Beilenson, Mr. Frank of
Massachusetts, Mr. Boucher, Mr. Bilbray, Mr. Bryant of Tennessee,
Mr. Campbell, Mr. Clyburn, Mr. Gillmor, Mr. Hastings of Washington,
Mr. Kim, Mr. McKeon, Mr. Miller of California, Mr. Montgomery, Mrs.
Roukema, Mr. Shays, Mr. Traficant, Mr. Waxman, and Mr. Wilson),
[26JN]
Cosponsors added, [9JY], [10JY], [16JY], [22JY], [23JY], [1AU], [2AU],
[4SE], [26JY]
H.R. 3725--
A bill to assist international efforts to improve awareness, detection,
and clearance of antipersonnel landmines and explosive ordnance; to
the Committees on International Relations; National Security, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. MORAN (for himself, Mrs. Morella, Mr. Hall of Ohio, Mr. Leach,
Mr. Payne of New Jersey, Mr. DeFazio, Mr. Engel, Mrs. Schroeder, Mr.
Beilenson, Ms. Norton, Mr. Olver, Mrs. Meek of Florida, Mr. Green of
Texas, Mr. Lantos, Mr. Flake, Mr. Berman, Mr. Wynn, Mr. Yates, and
Mr. Farr), [26JN]
Cosponsors added, [11JY], [20SE], [27JN]
H.R. 3726--
A bill to establish the Commission on the Advancement of Women in the
Science and Engineering Work Forces; to the Committee on Economic
and Educational Opportunities.
By Mrs. MORELLA (for herself and Ms. Eddie Bernice Johnson of Texas),
[26JN]
Cosponsors added, [18JY]
H.R. 3727--
A bill to amend the Electronic Fund Transfer Act to require notice of
certain fees imposed by the operator of an automated teller machine
in connection with an electronic fund transfer initiated by a
consumer at the machine, and for other purposes; to the Committee on
Banking and Financial Services.
By Mrs. ROUKEMA (for herself and Mr. Schumer), [26JN]
Cosponsors added, [18JY], [11SE], [27JN]
H.R. 3728--
A bill to suspend temporarily the duty on Para ethyl phenol [PEP]; to
the Committee on Ways and Means.
By Mr. SPRATT, [26JN]
H.R. 3729--
A bill to provide for the detection and interception of weapons of mass
destruction delivered by unconventional means; to the Committees on
National Security; Transportation and Infrastructure, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction the
committee concerned.
By Ms. HARMAN (for herself, Mr. Spratt, and Mr. Taylor of
Mississippi), [26JN]
Cosponsors added, [17JY], [22JY], [24JY], [1AU]
H.R. 3730--
A bill to take measures to protect the security of the United States
from proliferation and use of weapons of mass destruction; to the
Committees on National Security; International Relations; the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SPRATT (for himself and Mr. McCollum), [27JN]
H.R. 3731--
A bill to amend the Federal Property and Administrative Services Act of
1949 to authorize the transfer to State and local governments of
certain surplus property for use for law enforcement or public
safety purposes; to the Committee on Government Reform and
Oversight.
By Mr. CALVERT (for himself, Mr. Fazio of California, Mr. Bono, Mr.
Brown of California, Mr. Lewis of California, Mr. Boucher, Ms.
Rivers, Mr. Horn, and Mr. Riggs), [27JN]
H.R. 3732--
A bill to authorize the State of Michigan to implement the demonstration
project known as To Strengthen Michigan Families; to the Committee
on Ways and Means.
By Mr. CAMP (for himself, Mr. Upton, Mr. Smith of Michigan, Mr.
Knollenberg, and Mr. Chrysler), [27JN]
H.R. 3733--
A bill to amend the Legal Services Corporation Act to prescribe an
income rule for determining if a client who is a victim of domestic
violence is eligible for assistance; to the Committee on the
Judiciary.
By Ms. PELOSI (for herself, Mrs. Lowey, Mrs. Morella, Mr. Hilliard,
Mr. Boucher, Ms. Velazquez, Mr. Bereuter, Mr. Hinchey, Mrs. Kennely,
Mr. Farr, Mr. Sabo, Mr. McDermott, Mr. LaFalce, Mr. Frank of
Massachusetts, Ms. Woolsey, Mrs. Clayton, Mr. Faleomavaega, Mr.
Markey, Mr. Evans, Mr. Romero-Barcelo, Mr. Hastings of Florida, Mr.
Frost, Mr. Horn, Mrs. Johnson of Connecticut, Mr. Stark, Mr. Owens,
Mr. Durbin, Ms. Waters, Ms. Eshoo, Mr. Yates, Mrs. Maloney, and Ms.
Slaughter), [27JN]
H.R. 3734--
A bill to provide for reconciliation pursuant to section 201(a)(1) of
the concurrent resolution on the budget for fiscal year 1997.
By Mr. KASICH, [27JN]
Reported from the Committee on the Budget (H. Rept. 104-651), [27JN]
Considered, [17JY]
Passed House amended, [18JY]
Passed Senate amended, [23JY]
Senate insisted on its amendment and asked for a conference, [23JY]
House disagreed to Senate amendment and agreed to a conference, [24JY]
Conference report (H. Rept. 104-725) submitted in the House, [30JY]
House agreed to conference report, [31JY]
Senate agreed to conference report, [1AU]
Presented to the President (August 19, 1996)
Approved [Public Law 104-193] (signed August 22, 1996)
H.R. 3735--
A bill to amend the Foreign Assistance Act of 1961 to reauthorize the
development fund for Africa under chapter 10 of part I of that act;
to the Committee on International Relations.
By Mr. BEREUTER (for himself, Ms. Ros-Lehtinen, Mr. Johnston of
Florida, Mr. Houghton, Mr. Payne of New Jersey, and Mr. Hastings of
Florida), [27JN]
Cosponsors added, [10JY]
Rules suspended. Passed House amended, [29JY]
H.R. 3736--
A bill to amend the Housing and Community Development Act of 1974 to
terminate the availability of community development block grant
amounts for States and localities within such States that allow
recovery of damages for injuries suffered in the commission of a
felony; to the Committee on Banking and Financial Services.
By Mr. BLILEY (for himself, Mr. Hyde, Mr. Coburn, Mr. Saxton, Mr.
Zimmer, Mr. Klug, Mr. Barton of Texas, Mr. Inglis of South Carolina,
Mr. Whitfield, Mr. Knollenberg, Mr. Upton, Mr. McHugh, Mr. Coble,
Mrs. Seastrand, Mr. Bilbray, Mr. Wolf, Mr. Hoke, Mr. Pickett, Mr.
Condit, Mrs. Meyers of Kansas, Mr. Stockman, Mr. Ballenger, Mr.
Burr, Mr. Gilman, Mr. Horn, Mr. Oxley, Mr. Gallegly, Mr. Smith of
Texas, Mr. Laughlin, Ms. Molinari, Mr. Metcalf, Mr. Stearns, Mr.
Cooley, Mr. Buyer, Mr. Hayes, Mr. McKeon, Mr. Chambliss, Mr. Green
of Texas, Mrs. Chenoweth, Mr. Barr, Mr. Davis, Mr. Calvert, Mr.
Franks of Connecticut, Mr. Riggs, Mr. Royce, Mrs. Myrick, Mr. Fields
of Texas, Mr. Sisisky, Mr. Packard, Mr. Tanner, Mr. Goodlatte, Mr.
Baker of Louisiana, Mrs. Lincoln, Mr. Bateman, Mr. Bilirakis, Mr.
Watts of Oklahoma, Mr. Bunning of Kentucky, Mr. Dreier, and Mr.
Hayworth), [27JN]
H.R. 3737--
A bill to amend the Internal Revenue Code of 1986 to clarify the
treatment of educational grants by private foundations, and for
other purposes; to the Committee on Ways and Means.
By Mr. BRYANT of Tennessee (for himself and Mr. Clement), [27JN]
H.R. 3738--
A bill to reform the Federal unemployment benefit system; to the
Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania, [27JN]
H.R. 3739--
A bill to amend title 49, United States Code, to provide, without
subsidy, for enhanced essential air service to remote insular areas;
to the Committee on Transportation and Infrastructure.
By Mr. FALEOMAVAEGA, [27JN]
H.R. 3740--
A bill to consolidate the community and economic revitalization and
affordable housing programs of the Department of Housing and Urban
Development into two performance funds, and for other purposes; to
the Committees on Banking and Financial Services; Ways and Means,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LAZIO of New York (by request), [27JN]
H.R. 3741--
A bill to enhance the effectiveness of enforcement provisions relating
to single family and multifamily housing, and for other purposes; to
the Committees on Banking and Financial Services; the Judiciary;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. LAZIO of New York (by request), [27JN]
H.R. 3742--
A bill to increase the flexibility of and to streamline certain single
family programs administered by the Federal Housing Administration,
to reform the single family claims and property disposition
procedures, and for other purposes; to the Committee on Banking and
Financial Services.
By Mr. LAZIO of New York (by request), [27JN]
H.R. 3743--
A bill to establish a single authority under Title IV of the National
Housing Act for rental and cooperative housing with five or more
units and for health care facilities through consolidation of
multifamily programs, authorization of risk sharing programs with
private and public entities, and increased flexibility for FHA to
establish program operations, to make changes to the multifamily
housing programs designed for the elderly and persons with
disabilities, to extend certain provisions of existing law, and for
other purposes; to the Committee on Banking and Financial Services.
By Mr. LAZIO of New York (by request), [27JN]
H.R. 3744--
A bill to require the Attorney General to promulgate regulations
relating to gender-related
[[Page 2905]]
persecution, including female genital mutilation, for use in
determining an alien's eligibility for asylum or withholding of
deportation; to the Committee on the Judiciary.
By Mrs. MALONEY (for herself, Ms. Brown of Florida, Mrs. Clayton, Mr.
Clyburn, Mr. Dellums, Mr. Evans, Mr. Frank of Massachusetts, Mr.
Frost, Ms. Furse, Mr. Gutierrez, Mr. Hinchey, Ms. Norton, Ms. Eddie
Bernice Johnson of Texas, Mr. LaFalce, Ms. McCarthy, Ms. McKinney,
Mrs. Meek of Florida, Mrs. Mink of Hawaii, Mr. Nadler, Mr. Payne of
New Jersey, Mr. Olver, Miss Collins of Michigan, Mrs. Schroeder, and
Ms. Velazquez), [27JN]
H.R. 3745--
A bill to amend title 18, United States Code, to minimize unfair
competition for Federal contracting opportunities between Federal
Prison Industries and private firms, especially small business
concerns, and for other purposes; to the Committee on the Judiciary.
By Mrs. Meyers of Kansas (for herself, Mr. Hoekstra, Mr. Chrysler, Mr.
Manzullo, Mr. Hilleary, Mr. Barcia of Michigan, Mr. Hefley, Mr.
Bartlett of Maryland, Mr. Collins of Georgia, Mr. Oxley, Mr. Ehlers,
Mr. Taylor of North Carolina, Mr. Ballenger, Mr. Upton, Mr. English
of Pennsylvania, Mr. Coble, Mr. Knollenberg. Mr. Calvert, Mr.
Chambliss, Mr. Cramer, Mr. Barr, Mr. Deal of Georgia, Mr. Linder,
Mr. Everett, Mr. Salmon, Mr. Stump, Mr. Baker of Louisiana, Mr.
Flanagan, and Mr. Quillen), [27JN]
H.R. 3746--
A bill to amend title IX the Public Works and Economic Development Act
of 1965 to make the development of brownfield sites eligible for
assistance; to the Committees on Transportation and Infrastructure;
Banking and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. Kennedy of Massachusetts (for himself, Mr. Brown of Ohio, Mr.
Olver, Mr. Kennedy of Rhode Island, Mr. Barrett of Wisconsin, Mr.
Green of Texas, Mr. Mascara, and Mr. Stark), [27JN]
H.R. 3747--
A bill to amend the Internal Revenue Code of 1986 to encourage economic
development through the creation of additional empowerment zones and
enterprise communities and to encourage the cleanup of contaminated
brownfield sites; to the Committee on Ways and Means.
By Mr. Rangel, [27JN]
H.R. 3748--
A bill to amend certain Federal civil rights statutes to prevent the
involuntary application of arbitration to claims that arise from
unlawful employment discrimination based on race, color, religion,
sex, national origin, age, or disability; and for other purposes; to
the Committees on Economic and Educational Opportunities; the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. SCHROEDER (for herself and Mr. Markey), [27JN]
H.R. 3749--
A bill to amend the Internal Revenue Code of 1986 with respect to the
treatment of crops destroyed by casualty; to the Committee on Ways
and Means.
By Mr. THOMAS (for himself, Mr. Riggs, and Mr. Herger), [27JN]
Cosponsors added, [10JY]
H.R. 3750--
A bill to permit the interstate distribution of State-inspected meat
under appropriate circumstances; to the Committee on Agriculture.
By Mr. THORNBERRY, [27JN]
H.R. 3751--
A bill to establish certain requirements for managed care plans; to the
Committee on Commerce.
By Ms. VELAZQUEZ (for herself, Mr. Owens, Mr. Nadler, Mr. Conyers, Mr.
Hilliard, Mr. Thompson, Mr. Evans, and Mr. Johnston of Florida),
[27JN]
H.R. 3752--
A bill to preserve the sovereignty of the United States over public
lands and acquired lands owned by the United States, and to preserve
State sovereignty and private property rights in non-Federal lands
surrounding those public lands and acquired lands; to the Committee
on Resources.
By Mr. YOUNG of Alaska, [27JN]
Reported with amendment (H. Rept. 104-835), [24SE]
Failed of passage under suspension of the rules, [26SE]
H.R. 3753--
A bill to amend the Social Security Act and the Public Health Service
with respect to the health of residents of rural areas, and for
other purposes; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. GUNDERSON (for himself, Mr. Poshard, Mr. Roberts, Mr. Stenholm,
Mr. Bereuter, Mr. Bonilla, Mr. Bunn of Oregon, Mr. Hillard, Mrs.
Johnson of Connecticut, Mrs. Lincoln, Mr. Payne of Virginia, Mr.
Williams, Mr. Baker of Louisiana, Mr. Barrett of Nebraska, Mr.
Boehlert, Mr. Boucher, Mr. Brewster, Mr. Clinger, Mr. Combest, Mr.
Condit, Mr. Cooley, Ms. Danner, Mr. Ehlers, Mr. Evans, Mr. Fazio of
California, Mr. Hall of Texas, Mr. Johnson of South Dakota, Mr.
Klug, Mr. McHugh, Mr. Ney, Mr. Nussle, Mr. Peterson of Minnesota,
Mr. Rahall, Mr. Ramstad, Mr. Sanders, Mr. Skelton, Mr. Stupak, Mr.
Thornberry, Mr. Walsh, and Mr. Whitfield), [27JN]
Cosponsors added, [26JY]
H.R. 3754--
A bill making appropriations for the Legislative Branch for the fiscal
year ending September 30, 1997, and for other purposes.
By Mr. PACKARD, [8JY]
Reported (H. Rept. 104-657), [8JY]
Passed House amended, [10JY]
Passed Senate amended, [30JY]
Senate insisted on its amendments and asked for a conference.
Conferees appointed, [30JY]
House disagreed to Senate amendments and agreed to a conference,
[30JY]
Conferees appointed, [30JY]
Conference report (H. Rept. 104-733) submitted in the House, [31JY]
House agreed to conference report, [1AU]
Senate agreed to conference report, [3SE]
Presented to the President (September 5, 1996)
Approved [Public Law 104-197] (signed September 16, 1996)
H.R. 3755--
A bill making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies, for the fiscal
year ending September 30, 1997, and for other purposes.
By Mr. PORTER, [8JY]
Reported (H. Rept. 104-659), [8JY]
Considered, [10JY]
Passed House amended, [11JY]
H.R. 3756--
A bill making appropriations for the Treasury Department, the U.S.
Postal Service, the Executive Office of the President and certain
Independent Agencies, for the fiscal year ending September 30, 1997,
and for other purposes.
By Mr. LIGHTFOOT, [8JY]
Reported (H. Rept. 104-660), [8JY]
Considered, [16JY]
Passed House amended, [17JY]
H.R. 3757--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of pharmaceutical care services under part B of the
Medicare Program; to the Committees on Commerce; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. PALLONE (for himself, Mr. Brewster, Mr. Fox, Mr. Frost, Mr.
Engel, Mr. Torricelli, Mr. Lipinski, Mr. Frazer, Mr. Thompson, Ms.
Brown of Florida, Mr. Ackerman, Mr. Cramer, Mr. Dellums, and Mrs.
Lowey), [8JY]
Cosponsors added, [11JY], [12JY], [17JY], [1AU], [2AU], [10SE]
H.R. 3758--
A bill to amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to provide prospectively for personal
retirement savings accounts to allow for more control by individuals
over their social security retirement income, to provide for a
limitation on payment of benefits payable from the Federal Old-Age
and Survivors Insurance Trust Fund with respect to individuals with
higher levels of income once payments of such benefits have exceeded
prior contributions plus interest, and to provide other reforms
relating to benefits under such title II; to the Committee on Ways
and Means.
By Mr. SMITH of Michigan, [9JY]
Cosponsors added, [25SE]
H.R. 3759--
A bill to extend the authority of the Overseas Private Investment
Corporation, and for other purposes; to the Committee on
International Relations.
By Mr. ROTH (for himself, Mr. Gilman, Mr. Hamilton, Mr. Gejdenson, Mr.
Leach, Mr. Bereuter, Mrs. Meyers of Kansas, Mr. Manzullo, Mr.
Gallegly, Mr. Johnston of Florida, Mr. Martinez, and Mr.
Torricelli), [9JY]
Reported with amendment (H. Rept. 104-722), [30JY]
Failed of passage under suspension of the rules, [11SE]
H.R. 3760--
A bill to amend the Federal Election Campaign Act of 1971 to reform the
financing of Federal election campaigns, and for other purposes; to
the Committee on House Oversight.
By Mr. THOMAS (for himself, Mr. Gingrich, Mr. Armey, Mr. DeLay, Mr.
Boehner, Mr. Paxon, Mr. Hoekstra, Mr. Wamp, and Mr. Ehlers), [9JY]
Cosponsors added, [12JY], [16JY]
Reported with amendment (H. Rept. 104-677), [16JY]
H.R. 3761--
A bill to clarify the rules of origin for textile and apparel products
from American Samoa; to the Committee on Ways and Means.
By Mr. FALEOMAVAEGA, [9JY]
H.R. 3762--
A bill to assure payment to dairy and livestock producers for milk and
livestock delivered to milk processors, livestock dealers, or market
agencies; to the Committee on Agriculture.
By Mr. GUNDERSON (for himself, Mr. Roberts, Mr. Johnson of South
Dakota, and Mr. Thornton), [9JY]
H.R. 3763--
A bill to amend title VII of the Civil Rights Act of 1964 to prohibit
employment discrimination based on participation in labor
organization activities; to the Committee on Economic and
Educational Opportunities.
By Mr. HINCHEY, [9JY]
H.R. 3764--
A bill to amend the National Labor Relations Act and the Labor
Management Relations Act, 1947, to permit additional remedies in
certain unfair labor practice cases, and for other purposes; to the
Committee on Economic and Educational Opportunities.
By Mr. HINCHEY, [9JY]
H.R. 3765--
A bill to award a Congressional Gold Medal to the late James Cagney; to
the Committee on Banking and Financial Services.
By Mr. KING, [9JY]
H.R. 3766--
A bill to prohibit economic assistance, military assistance, or arms
transfers to the Government of Sudan until appropriate action is
taken to eliminate chattel slavery in Sudan, and for other purposes;
to the Committees on International Relations; Banking and Financial
Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. PAYNE of New Jersey (for himself, Mr. Royce, Mr. Frank of
Massachusetts, Mr. Porter, Mr. Lantos, Mr. Hilliard, Mr. Wynn, Mr.
Fattah, Mr. Rush, Mr. Olver, Mr. Dellums, Mr. Chabot, Ms. McKinney,
and Mr. Frazer), [9JY]
Cosponsors added, [12JY], [16JY], [19SE], [26JY]
H.R. 3767--
A bill to require the Secretary of Defense to carry out a pilot program
to identify and demonstrate feasible alternatives to
demilitarization of assembled chemical munitions under the baseline
incinerator program; to the Committee on National Security.
By Mr. BAESLER, [10JY]
H.R. 3768--
A bill to designate a United States Post Office to be located in Groton,
MA, as the ``Augusta `Gusty' Hornblower United States Post Office'';
[[Page 2906]]
to the Committee on Government Reform and Oversight.
By Mr. BLUTE, [10JY]
Rules suspended. Passed House, [30JY]
H.R. 3769--
A bill to provide for the conditional transfer of the Oregon and
California Railroad Grant Lands, the Coos Bay Military Wagon Road
Grant Lands, and related public domain lands to the State of Oregon;
to the Committees on Resources; Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BUNN of Oregon, [10JY]
H.R. 3770--
A bill to make the antitrust laws inapplicable to the negotiations
between a coalition of health-care professionals and a health-care
service plan regarding the wages, rates of pay, hours of work, and
other terms and conditions of a contract between a member of such
health-care professionals coalition and a health-care service plan,
and to their carrying out such terms and conditions; to the
Committee on the Judiciary.
By Mr. CAMPBELL, [10JY]
H.R. 3771--
A bill to amend the formula for determining the official mail allowance
for Members of the House of Representatives; to the Committee on
House Oversight.
By Mr. CASTLE (for himself, Mr. Bachus, Mr. Blute, Mr. Frank of
Massachusetts, Mr. Goss, Ms. Greene of Utah, Mr. Jacobs, Mr.
LoBiondo, Mr. McHale, Mr. Parker, Mr. Poshard, and Mr. Shays),
[10JY]
H.R. 3772--
A bill to establish certain disclosure requirements relating to franked
mail sent by Members of the House of Representatives; to the
Committee on House Oversight.
By Mr. CASTLE (for himself, Mr. Bachus, Mr. Blute, Mr. Frank of
Massachusetts, Mr. Goss, Ms. Greene of Utah, Mr. Jacobs, Mr.
LoBiondo, Mr. McHale, Mr. Parker, Mr. Poshard, and Mr. Shays),
[10JY]
H.R. 3773--
A bill to prevent Members of the House of Representatives from making
mass mailings during an election year, and for other purposes; to
the Committees on House Oversight; Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. CASTLE (for himself, Mr. Bachus, Mr. Blute, Mr. Frank of
Massachusetts, Mr. Goss, Ms. Greene of Utah, Mr. Jacobs, Mr.
LoBiondo, Mr. McHale, Mr. Parker, Mr. Poshard, and Mr. Shays),
[10JY]
H.R. 3774--
A bill to change from 500 to 250 the number of pieces of mail
constituting a mass mailing in the case of a Member of the House of
Representatives; to the Committees on House Oversight; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. CASTLE (for himself, Mr. Bachus, Mr. Blute, Mr. Frank of
Massachusetts, Mr. Goss, Ms. Greene of Utah, Mr. Jacobs, Mr.
LoBiondo, Mr. McHale, Mr. Parker, Mr. Poshard, and Mr. Shays),
[10JY]
H.R. 3775--
A bill to authorize funds for construction of highways, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. DeLAY (for himself, Mr. Condit, Mr. Hostettler, Mr. Mica, Mr.
Myers of Indiana, Mr. McIntosh, Mr. Stockman, Mr. Buyer, Mr. Burton
of Indiana, Mr. Chapman, Mr. McCollum, Mr. Johnston of Florida, Mr.
Smith of Texas, Mr. Lewis of Kentucky, Mr. Bereuter, Mr. Ward, Mr.
Hamilton, Mr. Laughlin, Mr. Taylor of North Carolina, Mr. Stenholm,
Mr. Roemer, Mr. Jacobs, Ms. Brown of Florida, Mrs. Fowler, Mr.
Goodlatte, Mr. Bonilla, Mr. Pete Geren of Texas, Mr. Thornberry,
Mrs. Lincoln, Mr. Frost, Mr. Bateman, Mr. Sisisky, Mr. Pickett, Mr.
Ballenger, Mr. Payne of Virginia, Mr. Moran, Mr. Barton of Texas,
Mr. Bentsen, and Mr. Stump), [10JY]
Cosponsors added, [26JY]
H.R. 3776--
A bill to amend the Crime Control Act of 1990 with respect to the work
requirement for Federal prisoners and to amend title 18, United
States Code, with respect to the use of Federal prison labor by
nonprofit entities, and for other purposes; to the Committees on the
Judiciary; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. ENSIGN (for himself, Mr. English of Pennsylvania, Mr. Pete
Geren of Texas, Mr. Ramstad, Mr. Zimmer, Mr. Jacobs, Mr.
Christensen, Mr. Laughlin, Mr. Hayes, Mr. Stearns, Mr. Wicker, Mr.
Lipinski, Mr. Barton of Texas, Mr. Baker of Louisiana, Mr. Bryant of
Tennessee, and Mr. Largent), [10JY]
H.R. 3777--
A bill to approve a settlement agreement between the Bureau of
Reclamation and the Oroville-Tonasket Irrigation District; to the
Committee on Resources.
By Mr. HASTINGS of Washington, [10JY]
H.R. 3778--
A bill to provide grants to the States for drug testing projects when
individuals are arrested and during the pretrial period; to the
Committee on the Judiciary.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Frost, Ms. Lofgren,
Ms. Norton, Mr. Underwood, and Mr. Frazer), [10JY]
H.R. 3779--
A bill to amend title XIX of the Social Security Act to reward States
for collecting Medicaid funds expended on tobacco-related illnesses,
and for other purposes; to the Committees on Commerce; the Budget,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. OBERSTAR (for himself, Mr. Durbin, Mr. Frazer, Mr. Meehan, Mr.
Minge, Mr. Hansen, Mrs. Morella, Mr. Reed, Mr. Serrano, Mr. Dellums,
and Ms. Eddie Bernice Johnson of Texas), [10JY]
H.R. 3780--
A bill to protect residents and localities from irresponsibly sited
hazardous waste facilities; to the Committee on Commerce.
By Mr. SOUDER, [10JY]
H.R. 3781--
A bill to require the National Telecommunications and Information
Administration to update its report on hate speech, especially as it
relates to hate speech on the Internet, and for other purposes; to
the Committee on Commerce.
By Mr. ZIMMER, [10JY]
H.R. 3782--
A bill to modernize the Public Utility Company Act, the Federal Power
Act, and the Public Utility Regulatory Policies Act of 1978 to
promote competition in the electric power industry; to the Committee
on Commerce.
By Mr. MARKEY, [11JY]
H.R. 3783--
A bill to amend the Internal Revenue Code of 1986 to allow farmers to
income average over 2 years; to the Committee on Ways and Means.
By Mr. SMITH of Michigan (for himself, Mr. Roberts, Mr. Stenholm, Mr.
Johnson of South Dakota, Mr. Boehner, Mr. Ewing, Mr. Pombo, Mr.
Everett, Mr. Lewis of Kentucky, Mr. Cooley, Mr. Chambliss, and Mr.
Nethercutt), [11JY]
Cosponsors added, [12JY], [23JY], [24JY], [30JY], [2AU], [26JY]
H.R. 3784--
A bill to prohibit employment discrimination on any basis other than
factors pertaining to job performance; to the Committees on Economic
and Educational Opportunities; the Judiciary; Government Reform and
Oversight; House Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BILBRAY (for himself, Mr. Gunderson, Mr. Horn, Mr. Boehlert,
Mrs. Kelly, Mr. Kolbe, and Mr. Greenwood), [11JY]
Cosponsors added, [4SE]
H.R. 3785--
A bill to amend the law popularly known as the Presidential Records Act
of 1978 and the law popularly known as the Privacy Act, to ensure
that Federal Bureau of Investigation records containing sensitive
background security information that are provided to the White House
are properly protected for privacy and security; to the Committee on
Government Reform and Oversight.
By Mrs. COLLINS of Illinois (for herself and Mrs. Meek of Florida),
[11JY]
Cosponsors added, [2AU], [27SE]
H.R. 3786--
A bill to make clear that the definition of a base period, under the
unemployment compensation law of a State, is not an administrative
provision subject 303(a)(1) of the Social Security Act; to the
Committee on Ways and Means.
By Mr. CRANE, [11JY]
Cosponsors added, [27SE]
H.R. 3787--
A bill to amend the Social Security Act to provide for a program of
health insurance for children under 13 years of age and for mothers-
to-be; to the Committees on Ways and Means; Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. GIBBONS (for himself, Mr. Rangel, Mr. Stark, Mr. Miller of
California, Mr. LaFalce, Mr. Lantos, Mr. Hilliard, and Ms. Norton),
[11JY]
Cosponsors added, [17JY], [18SE], [28SE]
H.R. 3788--
A bill to authorize the Secretary of the Interior to assess up to $2 per
person visiting the Grand Canyon or other national park to secure
bonds for capital improvements to the park, and for other purposes;
to the Committee on Resources.
By Mr. KOLBE, [11JY]
H.R. 3789--
A bill to amend the Federal Water Pollution Control Act to improve the
quality of coastal recreation waters, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. PALLONE, [11JY]
H.R. 3790--
A bill to give all American electricity consumers the right to choose
among competitive providers of electricity, in order to secure lower
electricity rates, higher quality services, and a more robust U.S.
economy, and for other purposes; to the Committee on Commerce.
By Mr. SCHAEFER, [11JY]
Cosponsors added, [31JY]
H.R. 3791--
A bill to amend the Public Health Service Act with respect to employment
opportunities in the Department of Health and Human Services for
women who are scientists, and for other purposes; to the Committee
on Commerce.
By Ms. SLAUGHTER, [11JY]
H.R. 3792--
A bill to restore integrity, goodwill, honesty, and trust to Congress;
to the Committees on House Oversight; Government Reform and
Oversight; Rules; National Security; the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BASS (for himself, Mr. Bartlett of Maryland, Mr. Camp, Mr.
Chrysler, Mr. Coble, Mr. Coburn, Mr. Duncan, Mr. English of
Pennsylvania, Mr. Foley, Mr. Franks of New Jersey, Mr. LoBiondo, Mr.
Longley, Mr. Neumann, Mr. Radanovich, Ms. Rivers, Mr. Shays, and Mr.
Tate), [11JY]
Cosponsors added, [22JY], [1AU]
H.R. 3793--
A bill to provide for a 10-year circulating commemorative coin program
to commemorate each of the 50 States, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. CASTLE (for himself, Mr. Flake, and Mr. Lucas), [11JY]
Cosponsors added, [18JY], [4SE]
Rules suspended. Passed House amended, [4SE]
[[Page 2907]]
H.R. 3794--
A bill to ensure the continued viability of livestock producers and the
livestock industry in the United States, and for other purposes; to
the Committee on Agriculture.
By Mr. JOHNSON of South Dakota (for himself, Mr. Pomeroy, Mr. Coburn,
Ms. Kaptur, Mr. Frost, Mr. McInnis, and Mr. Hilliard), [11JY]
Cosponsors added, [17JY], [22JY], [25JY]
H.R. 3795--
A bill to amend the Competitive, Special, and Facilities Research Grant
Act to provide increased emphasis on competitive grants to promote
agricultural research projects regarding precision agriculture and
to provide for the dissemination of the results of such research
projects; to the Committee on Agriculture.
By Mr. LEWIS of Kentucky (for himself, Mr. Crapo, Mr. Roberts, Mr.
Allard, Mr. Barrett of Nebraska, Mr. Ewing, Mr. Combest, Mr. Latham,
Mr. LaHood, Mr. Smith of Michigan, Mr. Baesler, Mr. Peterson of
Minnesota, Mr. Chambliss, Mr. Holden, Mrs. Chenoweth, and Mr.
Pastor), [11JY]
Cosponsors added, [30JY], [2AU], [25SE]
H.R. 3796--
A bill to amend the Public Health Service Act to provide for research to
determine the extent to which the presence of dioxin in tampons
poses any health risks to women; to the Committee on Commerce.
By Mrs. MALONEY (for herself, Ms. Brown of Florida, Mr. Dellums, Mr.
Foglietta, Mr. Frost, Mr. Jacobs, Ms. Eddie Bernice Johnson of
Texas, Mr. Sanders, Mr. Thompson, Mr. Towns, Mr. Traficant, and Mr.
Yates), [11JY]
Cosponsors added, [23JY], [9SE]
H.R. 3797--
A bill to amend title 5, United States Code, to ban gifts to executive
branch employees; to the Committee on Government Reform and
Oversight.
By Mr. SALMON (for himself, Mr. Condit, Mr. Fields of Texas, Mr.
Coble, Mr. Linder, Mr. Weldon of Pennsylvania, Mr. Calvert, Mr.
English of Pennsylvania, Mr. Gutknecht, Mrs. Seastrand, Mr.
Chrysler, Mr. Bass, Mr. Foley, Mr. Stump, Mr. Inglis of South
Carolina, Mr. Weller, Mr. Goss, Mr. Shadegg, Mr. Largent, Mr. Horn,
Mr. Ensign, and Mr. Hayworth), [11JY]
Cosponsors added, [17JY], [24JY]
H.R. 3798--
A bill to provide regulatory relief for small business concerns, and for
other purposes; to the Committees on Small Business; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SOLOMON (for himself, Mr. Zeliff, Mrs. Kelly, Mr. Montgomery,
Mr. Coble, Mr. English of Pennsylvania, Mr. Bentsen, Mr. Weldon of
Pennsylvania, Mr. Pomeroy, Mrs. Vucanovich, Mr. Manzullo, Mr.
Funderburk, Mr. Dickey, Mr. Boehlert, Mr. Chambliss, Mr. Bunn of
Oregon, Mr. Hutchinson, Mr. Richardson, Mr. Johnson of South Dakota,
Mr. Clinger, Mr. Hefley, Mr. Everett, Mr. Barr, Mrs. Myrick, Mr.
Wamp, Mr. Young of Alaska, Mr. Schaefer, Mr. Lewis of Kentucky, Mr.
Barrett of Nebraska, Mr. Wicker, Mr. Mascara, Mr. Bachus, Mr.
Skelton, Mr. Roberts, Mr. Condit, Mr. Thomas, Ms. Danner, Mr.
Bishop, Mr. Brewster, Mr. Goodling, Mr. Riggs, Mr. Calvert, Mr.
Shays, Mr. Blute, Mrs. Clayton, Ms. Pryce, Mr. Barton of Texas, Mr.
Bereuter, Ms. Kaptur, Mr. Herger, Mr. Doyle, Mr. Frank of
Massachusetts, Mr. Neal of Massachusetts, Mr. Fox, Mr. Greenwood,
Mr. Cunningham, Mr. Fattah, Mr. Bartlett of Maryland, Mr. Stenholm,
Mr. Gilman, Mr. McHugh, Mr. Scarborough, Mr. Jones, Mr. Engel, Mr.
Pete Geren of Texas, Mr. Meehan, Mr. Holden, Mr. DeFazio, Mr.
Combest, Mrs. Thurman, Mr. Pickett, Mr. Linder, Mr. Hayes, Mr. Deal
of Georgia, Mr. Christensen, Mr. Hastings of Florida, Mr. Franks of
Connecticut, Mr. Radanovich, Mr. Gekas, Mr. McHale, Ms. Greene of
Utah, Mr. Goss, Mr. Smith of Texas, Mr. LaHood, Mr. Mica, Mr. Lewis
of Georgia, Mr. Foglietta, Mr. Quillen, Mr. Dreier, Mr. Stearns, and
Mr. Taylor of North Carolina), [11JY]
Cosponsors added, [12JY], [23JY], [30JY], [30SE]
H.R. 3799--
A bill to amend title 49, United States Code, to exclude not-for-hire
transportation of agriculture production materials from regulation
under the Hazardous Materials Transportation Act; to the Committee
on Transportation and Infrastructure.
By Mr. BUYER, [12JY]
Cosponsors added, [5SE]
H.R. 3800--
A bill to amend the Federal Election Campaign Act of 1971 to prohibit
political action committees from making contributions or
expenditures for the purpose of influencing elections for Federal
office, and for other purposes; to the Committee on House Oversight.
By Mr. WAMP, [12JY]
H.R. 3801--
A bill to amend the Internal Revenue Code of 1986 to provide that the
furnishing of recreational fitness services by tax-exempt hospitals
shall be treated as an unrelated trade or business and that tax-
exempt bonds may not be used to provide facilities for such
services; to the Committee on Ways and Means.
By Mr. KLECZKA (for himself and Mr. Sensenbrenner), [12JY]
H.R. 3802--
A bill to amend section 552 of title 5, United States Code, popularly
known as the Freedom of Information Act, to provide for public
access to information in an electronic format, and for other
purposes; to the Committee on Government Reform and Oversight.
By Mr. TATE (for himself, Mr. Horn, Mrs. Maloney, and Mr. Peterson of
Minnesota), [12JY]
Reported with amendment (H. Rept. 104-795), [17SE]
Rules suspended. Passed House amended, [17SE]
Passed Senate, [18SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-231] (signed October 2, 1996)
H.R. 3803--
A bill to authorize funds for the George Bush School of Government and
Public Service; to the Committee on Economic and Educational
Opportunities.
By Mr. BARTON of Texas (for himself, Mr. Goodling, Mr. Clay, Mr.
Edwards, Mr. Laughlin, Mr. Bonilla, Mr. Bereuter, Mr. Fields of
Texas, Mr. Montgomery, Mr. Ackerman, Mr. Pete Geren of Texas, Mr.
Wilson, Mr. Watts of Oklahoma, Mr. Greenwood, Mr. Boehlert, Mr.
Ehrlich, Mr. Gonzalez, Mr. Weller, Mr. Frost, Mr. Bentsen, Mr. de la
Garza, Mr. Sam Johnson, Mr. Skeen, Mr. Stenholm, Mr. Tejeda, Mr.
Bateman, Mrs. Johnson of Connecticut, Mr. Green of Texas, Mr. Hall
of Texas, Mr. King, Mr. Thornberry, Mrs. Vucanovich, Mr. Smith of
Texas, Mr. Combest, Mr. Chapman, Mr. Brewster, Mr. Portman, Mr.
Bryant of Texas, Mr. Sisisky, Mr. Barrett of Nebraska, Mr. Coleman,
Mr. Packard, Mrs. Kelly, Mr. Stokes, Mr. Linder, and Mr. Lipinski),
[12JY]
Cosponsors added, [2AU], [5SE]
Rules suspended. Passed House amended, [17SE]
H.R. 3804--
A bill to remove the restriction on the distribution of certain revenues
from the Mineral Springs parcel to certain members of the Agua
Caliente Band of Cahuilla Indians; to the Committee on Resources.
By Mr. BONO, [12JY]
Cosponsors added, [24SE]
Rules suspended. Passed House amended, [26SE]
H.R. 3805--
A bill to establish procedures and remedies governing the relocation of
certain professional sports teams, and for other purposes; to the
Committees on the Judiciary; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BRYANT of Tennessee (for himself, Mr. Conyers, Mr. Whitfield,
Mr. Manton, and Mr. Largent), [12JY]
H.R. 3806--
A bill to extend and amend the programs under the Runaway and Homeless
Youth Act, to consolidate authorities for programs for runaway and
homeless youth, and for other purposes; to the Committee on Economic
and Educational Opportunities.
By Mr. MARTINEZ (for himself, Mr. Kildee, and Mr. Scott), [12JY]
H.R. 3807--
A bill to amend the Internal Revenue Code of 1986 to allow penalty-free
withdrawals from certain retirement plans during periods of
unemployment; to the Committee on Ways and Means.
By Mr. McDermott (for himself, Mr. Gibbons, Mr. Rangel, Mr. Stark, Mr.
Matsui, Mrs. Kennelly, Mr. Coyne, Mr. Lewis of Georgia, and Mr. Neal
of Massachusetts), [12JY]
Cosponsors added, [18JY], [23JY], [24JY], [2AU], [27SE], [26JY]
H.R. 3808--
A bill to establish the Intellectual Property Assembly of the Americas
and to provide for participation in the assembly by the U.S.
Delegation; to the Committee on International Relations.
By Mr. MOORHEAD (for himself, Mr. Hyde, Mrs. Schroeder, and Mr.
Conyers), [12JY]
H.R. 3809--
A bill to improve the ability of the U.S. Government to collect debts
owed to it, and for other purposes; to the Committees on the
Judiciary; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. PALLONE (for himself, Mr. Wynn, Mr. Klug, Mr. Canady, and Mr.
Porter), [12JY]
H.R. 3810--
A bill to provide for the recognition of the Lumbee Tribe of North
Carolina, and for other purposes; to the Committee on Resources.
By Mr. ROSE, [12JY]
H.R. 3811--
A bill to provide incentives for the conservation and recovery of
endangered species; to the Committee on Resources.
By Mr. SHADEGG, [12JY]
H.R. 3812--
A bill to impose certain sanctions on countries that do not prohibit
child labor; to the Committees on International Relations; Ways and
Means; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SMITH of New Jersey (for himself, Mr. Hyde, Mr. Lantos, Mr.
Moran, Mr. Kennedy of Massachusetts, and Ms. Ros-Lehtinen), [12JY]
H.R. 3813--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Sea Sister; to the
Committee on Transportation and Infrastructure.
By Mr. JEFFERSON, [12JY]
H.R. 3814--
A bill making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. ROGERS, [16JY]
Reported (H. Rept. 104-676), [16JY]
Considered, [23JY]
Passed House amended, [24JY]
H.R. 3815--
A bill to make technical corrections and miscellaneous amendments to
trade laws; to the Committee on Ways and Means.
By Mr. CRANE, [16JY]
Reported with amendment (H. Rept. 104-718), [29JY]
Rules suspended. Passed House amended, [30JY]
Passed Senate amended, [28SE]
House agreed to Senate amendment, [28SE]
Presented to the President (October 3, 1996)
Approved [Public Law 104-295] (signed October 11, 1996)
H.R. 3816--
A bill making appropriations for energy and water development for the
fiscal year ending September 30, 1997, and for other purposes.
By Mr. MYERS of Indiana, [16JY]
Reported (H. Rept. 104-679), [16JY]
Considered, [24JY]
Passed House amended, [25JY]
Passed Senate amended, [30JY]
Senate insisted on its amendment and asked for a conference, [30JY]
[[Page 2908]]
House disagreed to Senate amendment and agreed to a conference, [5SE]
Conferees appointed, [5SE]
Conference report (H. Rept. 104-782) submitted in the House, [12SE]
House agreed to conference report, [12SE]
Senate agreed to conference report, [17SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-206] (signed September 30, 1996)
H.R. 3817--
A bill to amend the Internal Revenue Code of 1986 to reduce the tax on
beer to its pre-1991 level; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Christensen, and Mr.
Ensign), [16JY]
Cosponsors added, [2AU], [10SE], [19SE], [27SE], [28SE]
H.R. 3818--
A bill to amend the Clean Air Act to exclude beverage alcohol compounds
emitted from aging warehouses from the definition of volatile
organic compounds; to the Committee on Commerce.
By Mr. HAMILTON (for himself, Mr. Lewis of Kentucky, Mr. Whitfield,
Mr. Gordon, Mr. McIntosh, and Mr. Ward), [16JY]
Cosponsors added, [29JY]
H.R. 3819--
A bill to amend the act establishing the National Park Foundation; to
the Committee on Resources.
By Mr. HANSEN (for himself, Mr. Hefley, Mr. Torkildsen, Mr. Saxton,
Mr. Goss, Mr. Kasich, Mr. DeFazio, and Mr. Richardson), [16JY]
H.R. 3820--
A bill to amend the Federal Election Campaign Act of 1971 to reform the
financing of Federal election campaigns, and for other purposes; to
the Committees on House Oversight; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. THOMAS (for himself, Mr. Gingrich, Mr. Armey, Mr. DeLay, Mr.
Boehner, Mr. Paxon, Mr. Fawell, Mr. Hoekstra, Mr. Wamp, Mr. Ehlers,
Ms. Greene of Utah, Mr. Ballenger, Mr. Riggs, Mr. Fox, Mr. Kolbe,
Mr. Walker, Mr. Kingston, Mr. Hobson, Mr. Livingston, Mr. Weldon of
Pennsylvania, and Mr. Coble), [16JY]
Failed of passage, [25JY]
H.R. 3821--
A bill to restrict the advertising and promotion of tobacco products; to
the Committees on Commerce; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HANSEN, [16JY]
Cosponsors added, [2AU], [26JY]
H.R. 3822--
A bill to direct the Secretary of the Interior to transfer the Palmetto
Bend Project; to the Committee on Resources.
By Mr. LAUGHLIN, [16JY]
H.R. 3823--
A bill to provide for the liquidation or reliquidation of certain
entries; to the Committee on Ways and Means.
By Mr. LAUGHLIN, [16JY]
H.R. 3824--
A bill to provide for the refunding of expenses incurred by innocent
persons in the State of Maine required to comply with automobile
inspection and maintenance requirements negligently imposed by the
Environmental Protection Agency; to the Committee on Commerce.
By Mr. LONGLEY, [16JY]
H.R. 3825--
A bill to establish Federal, State, and local programs for the
investigation, reporting, and prevention of bias crimes; to the
Committee on the Judiciary.
By Mr. TORRICELLI, [16JY]
H.R. 3826--
A bill to amend the Community Reinvestment Act to require the reporting
of actual performance data in order to verify the availability of
credit on a nondiscriminatory basis; to the Committee on Banking and
Financial Services.
By Ms. WATERS, [16JY]
H.R. 3827--
A bill to amend the Foreign Assistance Act of 1961 to provide for the
establishment of a women in enterprise development program to
support the economic empowerment of women in developing countries;
to the Committee on International Relations.
By Ms. WATERS, [16JY]
H.R. 3828--
A bill to amend the Indian Child Welfare Act of 1978, and for other
purposes; to the Committee on Resources.
By Mr. YOUNG of Alaska (for himself, Mr. Miller of California, and Mr.
Richardson), [16JY]
Reported (H. Rept. 104-808), [19SE]
H.R. 3829--
A bill to provide for reconciliation pursuant to section 201(a)(1) of
the concurrent resolution on the budget for fiscal year 1997; to the
Committees on the Budget; Agriculture; Commerce; Economic and
Educational Opportunities; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. KASICH, [17JY]
H.R. 3830--
A bill to prohibit insurers from canceling or refusing to renew fire
insurance policies covering houses of worship and related support
structures, and for other purposes; to the Committees on Commerce;
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FILNER (for himself, Ms. McKinney, Mrs. Clayton, Mr. Clyburn,
Mr. Conyers, Mr. Dellums, Mr. Dixon, Mr. Fields of Louisiana, Mr.
Flake, Mr. Ford, Mr. Jackson, Ms. Jackson-Lee, Mr. Lewis of Georgia,
Ms. Norton, Mr. Payne of New Jersey, Mr. Rush, Mr. Scott, Mr.
Thompson, Mr. Towns, Ms. Waters, Mr. Wynn, and Mr. Bishop), [17JY]
Cosponsors added, [31JY], [2AU], [24SE], [27SE], [26JY]
H.R. 3831--
A bill to amend title 49, United States Code, to ensure that the primary
duty of the Administrator of the Federal Aviation Administration is
to enhance the safety and security of the commercial civil aviation
industry; to the Committee on Transportation and Infrastructure.
By Mr. DeFAZIO (for himself, Mr. Lipinski, and Mr. Costello), [17JY]
Cosponsors added, [24JY], [19SE]
H.R. 3832--
A bill to restore the American family, enhance support and work
opportunities for families with children, reduce out-of-wedlock
pregnancies, reduce welfare dependence, and control welfare
spending; to the Committees on Ways and Means; Agriculture;
Commerce; Economic and Educational Opportunities; Government Reform
and Oversight; Banking and Financial Services; the Judiciary; the
Budget, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TANNER (for himself and Mr. Castle), [17JY]
H.R. 3833--
A bill to amend the Violent Crime Control and Law Enforcement Act of
1994 to allow certain grant funds to be used to provide parent
education; to the Committees on the Judiciary; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. DICKS, [17JY]
H.R. 3834--
A bill to redesignate the Dunning Post Office in Chicago, IL, as the
``Roger P. McAuliffe Post Office''; to the Committee on Government
Reform and Oversight.
By Mr. FLANAGAN (for himself, Mrs. Collins of Illinois, Mr. Costello,
Mr. Crane, Mr. Durbin, Mr. Evans, Mr. Ewing, Mr. Fawell, Mr.
Gutierrez, Mr. Hastert, Mr. Hyde, Mr. Jackson, Mr. LaHood, Mr.
Lipinski, Mr. McHugh, Mr. Manzullo, Mr. Porter, Mr. Poshard, Mr.
Rush, Mr. Weller, and Mr. Yates), [17JY]
Rules suspended. Passed House, [30JY]
Passed Senate, [2AU]
Presented to the President (August 9, 1996)
Approved [Public Law 104-189] (signed August 20, 1996)
H.R. 3835--
A bill to amend title II of the Social Security Act to provide that a
monthly insurance benefit thereunder shall be paid for the month in
which the recipient dies, subject to a reduction of 50 percent if
the recipient dies during the first 15 days of such month, and for
other purposes; to the Committee on Ways and Means.
By Mr. HOLDEN, [17JY]
Cosponsors added, [25JY], [17SE], [27SE]
H.R. 3836--
A bill to amend the Internal Revenue Code of 1986 to allow a small
business family and medical leave credit and a credit for wages paid
to employees who are allowed to shift hours of employment or work at
home in order to reduce child care needs; to the Committee on Ways
and Means.
By Ms. ROYBAL-ALLARD (for herself and Ms. Woolsey), [17JY]
Cosponsors added, [5SE]
H.R. 3837--
A bill to provide unemployment insurance and leave from employment to
battered women; to the Committees on Ways and Means; Economic and
Educational Opportunities; Government Reform and Oversight; House
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Ms. ROYBAL-ALLARD (for herself, Ms. Woolsey, and Ms. Norton),
[17JY]
Cosponsors added, [5SE], [2OC]
H.R. 3838--
A bill to amend title 18, United States Code, to provide a national
standard in accordance with which nonresidents of a State may carry
certain concealed firearms in the State, and to exempt qualified
current and former law enforcement officers from State laws
prohibiting the carrying of concealed handguns; to the Committee on
the Judiciary.
By Mr. STEARNS, [17JY]
Cosponsors added, [17SE], [24SE], [27SE]
H.R. 3839--
A bill to terminate the effectiveness of certain amendments to the
foreign repair station rules of the Federal Aviation Administration,
and for other purposes; to the Committee on Transportation and
Infrastructure.
By Mr. BORSKI (for himself, Mr. Martini, Mr. English of Pennsylvania,
Mr. Diaz-Balart, Mr. Quinn, Mr. Filner, Mr. Nadler, Ms. Kaptur, Mr.
Foglietta, Mr. Fattah, Mrs. Meek of Florida, Mr. Durbin, Mr. Ney,
Mr. Holden, Mr. Andrews, Mr. Metcalf, Mr. DeFazio, Mr. King, and Mr.
Frost), [17JY]
Cosponsors added, [22JY], [1AU], [4SE], [19SE], [24SE], [27SE],
[28SE], [26JY]
H.R. 3840--
A bill to empower States with authority for most taxing and spending for
highway programs and mass transit programs, and for other purposes;
to the Committees on Transportation and Infrastructure; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KASICH (for himself, Mrs. Thurman, Mr. Dreier, Mr. Miller of
California, Ms. Pryce, Mr. Gillmor, Mr. Walker, Mr. Inglis of South
Carolina, Mr. Condit, Mr. Smith of Michigan, Mr. Hobson, Mr.
Chrysler, Mr. Miller of Florida, Mr. Shaw, Mr. McCollum, and Mr.
Largent), [17JY]
Cosponsors added, [26SE]
H.R. 3841--
A bill to amend the civil service laws of the United States, and for
other purposes; to the Committee on Government Reform and Oversight.
By Mr. MICA (for himself, Mr. Moran, and Mrs. Morella), [17JY]
Cosponsors added, [1AU]
Reported with amendment (H. Rept. 104-831), [24SE]
Rules suspended. Failed of passage, [26SE]
Passed House amended, [27SE]
H.R. 3842--
A bill to amend the Internal Revenue Code of 1986 to provide an
exemption from income
[[Page 2909]]
taxation for qualified State tuition programs; to the Committee on
Ways and Means.
By Mrs. Thurman (for herself, Mr. Bilirakis, Ms. Brown of Florida, Mr.
Canady, Mr. Deutsch, Mr. Diaz-Balart, Mr. Gibbons, Mr. Foley, Mr.
Hastings of Florida, Mrs. Meek of Florida, Mr. Miller of Florida,
Mr. Peterson of Florida, Mr. Scarborough, Mr. Shaw, Mr. Mica, Mr.
McCollum, Mr. Stearns, Ms. Ros-Lehtinen, Mr. Bachus, Mr. Bevill, Mr.
Bonior, Mr. Borski, Mr. Browder, Mr. Callahan, Mr. Clement, Miss
Collins of Michigan, Mr. Combest, Mr. Conyers, Mr. Cramer, Mr.
Dooley, Mr. Doyle, Mr. English of Pennsylvania, Mr. Everett, Mr.
Fazio of California, Mr. Frank of Massachusetts, Mr. Frost, Ms.
Harman, Mr. Holden, Ms. Jackson-Lee, Mr. Jefferson, Mr. Johnston of
Florida, Mr. Kanjorski, Ms. Kaptur, Mr. Klink, Mr. Mascara, Mr.
Meehan, Mr. Moakley, Mr. Moran, Mr. Murtha, Mr. Neal of
Massachusetts, Mr. Olver, Mr. Payne of Virginia, Ms. Rivers, Mr.
Smith of Michigan, Mr. Stenholm, Mr. Studds, Mr. Stupak, and Mr.
Tanner), [17JY]
H.R. 3843--
A bill to amend title 10, United States Code, to prohibit the Defense
Commissary Agency and nonappropriated fund instrumentalities of the
Department of Defense from purchasing imported consumer items to be
sold in commissary or exchange stores when such consumer items are
not produced in conformity with minimum labor standards; to the
Committee on National Security.
By Mr. UNDERWOOD (for himself, Mr. Gephardt, Mr. Bonior, Mr.
Funderburk, Mr. Lantos, Mr. Berman, Mr. Richardson, Mr. Ackerman,
Mr. Evans, Mr. Abercrombie, Mr. Moran, Mr. Manton, Mr. Torres, Ms.
Lofgren, Mr. Traficant, Mr. Hilliard, Mr. Frazer, Mr. Kennedy of
Massachusetts, Mr. Schumer, Mr. Faleomavaega, Mr. Towns, Mr. Spratt,
Mr. Romero-Barcelo, Mr. Filner, Mr. Yates, Mr. DeFazio, Mr. Hinchey,
Mr. Sanders, Ms. Kaptur, Mr. Fattah, Mr. Lipinski, Mr. Watt of North
Carolina, Mr. Meehan, Ms. Velazquez, Ms. Roybal-Allard, and Mr.
Holden), [17JY]
Cosponsors added, [23JY]
H.R. 3844--
A bill for the relief of the estate of William R. Holden and the estate
of John Davis; to the Committee on the Judiciary.
By Mr. ROSE, [17JY]
H.R. 3845--
A bill making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
revenues of said District for the fiscal year ending September 30,
1997, and for other purposes.
By Mr. WALSH, [18JY]
Reported (H. Rept. 104-689), [18JY]
Passed House amended, [22JY]
Passed Senate amended, [25JY]
Senate insisted on its amendments and asked for a conference.
Conferees appointed, [25JY]
House disagreed to Senate amendments and agreed to a conference.
Conferees appointed, [26JY]
Conference report (H. Rept. 104-740) submitted in the House, [1AU]
House agreed to conference report, [1AU]
Senate agreed to conference report, [5SE]
Presented to the President (September 6, 1996)
Approved [Public Law 104-194] (signed September 9, 1996)
H.R. 3846--
A bill to amend the Foreign Assistance Act of 1961 to authorize the
provision of assistance for microenterprises, and for other
purposes; to the Committee on International Relations.
By Mr. GILMAN, [18JY]
Cosponsors added, [23JY], [25JY]
Reported (H. Rept. 104-715), [29JY]
Rules suspended. Passed House, [29JY]
H.R. 3847--
A bill to establish the Drug Abuse Prevention and Treatment
Administration, and for other purposes; to the Committee on
Commerce.
By Mr. BARTON of Texas, [18JY]
H.R. 3848--
A bill to amend title 23, United States Code, to include removal of
graffiti within the meaning of transportation enhancement activity;
to the Committee on Transportation and Infrastructure.
By Mr. BORSKI, [18JY]
H.R. 3849--
A bill to amend the Clean Air Act and the Superfund Amendments and
Reauthorization Act of 1986 to clarify the listing of a unique
chemical substance; to the Committees on Commerce; Transportation
and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. BURR (for himself, Mr. Wicker, Mrs. Smith of Washington, Mr.
McIntosh, Mr. DeLay, Mr. Oxley, Mr. Bachus, Mr. Flanagan, Mr.
Schaefer, Mr. Borski, Mr. Calvert, Mr. Stenholm, Mr. Sensenbrenner,
Mr. Ehrlich, Mr. Pastor, Mr. Graham, Mr. Frost, Ms. Jackson-Lee, Mr.
Hall of Texas, Mr. Lucas, Mr. Nethercutt, and Mr. Solomon), [18JY]
Cosponsors added, [23JY], [24JY], [31JY], [1AU], [2AU], [5SE], [25SE],
[26SE], [27SE], [28SE]
H.R. 3850--
A bill to amend title 4, United States Code, to declare English as the
official language of the United States; to the Committee on Economic
and Educational Opportunities.
By Mr. CUNNINGHAM, [18JY]
H.R. 3851--
A bill to authorize the Secretary of the Interior to provide a loan
guarantee to the Olivenhain Water Storage Project, and for other
purposes; to the Committee on Resources.
By Mr. CUNNINGHAM, [18JY]
H.R. 3852--
A bill to prevent the illegal manufacturing and use of methamphetamine;
to the Committees on the Judiciary; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HEINEMAN, [18JY]
Cosponsors added, [4SE], [25SE]
Rules suspended. Passed House amended, [26SE]
H.R. 3853--
A bill to amend the Tennessee Valley Authority Act of 1933 to prohibit
the Authority from imposing a performance deposit on any person
constructing a dock or making any other residential shoreline
alteration; to the Committee on Transportation and Infrastructure.
By Mr. HILLEARY, [18JY]
Cosponsors added, [5SE]
H.R. 3854--
A bill to authorize the reburial in the Memorial Amphitheater at
Arlington National Cemetery of two unknown Americans who lost their
lives during the Civil War, one while serving in the Union Army of
the United States and the other while serving in the Army of the
Confederate States of America, and for other purposes; to the
Committee on Veterans' Affairs.
By Mr. KASICH, [18JY]
H.R. 3855--
A bill to authorize the reburial in the Memorial Amphitheater at
Arlington National Cemetery of an unknown American who lost his life
while serving in the Union Army of the United States during the
Civil War, and for other purposes; to the Committee on Veterans'
Affairs.
By Mr. KASICH, [18JY]
H.R. 3856--
A bill to amend title XVIII of the Social Security Act to provide for
prospective payment under the Medicare Program for inpatient
services of rehabilitation hospitals and units based on discharges
classified by functional-related groups; to the Committee on Ways
and Means.
By Mr. LoBIONDO (for himself, Mr. Zimmer, Mr. Saxton, and Mrs.
Roukema), [18JY]
Cosponsors added, [22JY], [30JY], [2AU], [19SE]
H.R. 3857--
A bill to ensure economic equity for American women and their families
by promoting fairness in the workplace, creating new economic
opportunities for women workers and women business owners, helping
workers better meet the competing demands of work and family, and
enhancing economic self-sufficiency through public and private
pension reform and improved child support and enforcement; to the
Committees on Ways and Means; Agriculture; Banking and Financial
Services; Commerce; Economic and Educational Opportunities;
Government Reform and Oversight; House Oversight; International
Relations; the Judiciary; National Security; Resources;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. MORELLA (for herself, Mrs. Lowey, Ms. Roybal-Allard, Ms.
Waters, Ms. Brown of Florida, Ms. Furse, Ms. Velazquez, Mrs. Meek of
Florida, Mrs. Collins of Illinois, Mrs. Maloney, Mrs. Schroeder, Ms.
Lofgren, Ms. Woolsey, Ms. Eddie Bernice Johnson of Texas, Mrs.
Kennelly, Ms. Pelosi, Mrs. Clayton, and Ms. Jackson-Lee), [18JY]
Cosponsors added, [23JY], [24SE], [26SE], [28SE]
H.R. 3858--
A bill to amend the Internal Revenue Code of 1986 to prevent, for
unemployment compensation purposes, services performed by a person
committed to a penal institution from being treated as employment;
to the Committee on Ways and Means.
By Mr. THOMAS, [18JY]
H.R. 3859--
A bill to amend section 1848 of the Social Security Act to extend for 1
year the treatment of certain practice relative value units under
the Medicare payment system for physicians' services; to the
Committees on Commerce; Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. WHITFIELD (for himself and Mr. Hall of Texas), [18JY]
H.R. 3860--
A bill to consolidate and expand Federal child care services to promote
self-sufficiency and support working families, and for other
purposes; to the Committees on Economic and Educational
Opportunities; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Ms. WOOLSEY, [18JY]
Cosponsors added, [17SE], [25SE], [27SE]
H.R. 3861--
A bill for the relief of Herman J. Koehler, III; to the Committee on the
Judiciary.
By Mr. YOUNG of Alaska, [18JY]
H.R. 3862--
A bill to amend the Endangered Species Act of 1973 to clarify the intent
of Congress and ensure that any person having any economic interest
that is directly or indirectly harmed by a designation of critical
habitat may bring a citizen's suit under that act; to the Committee
on Resources.
By Mrs. CHENOWETH (for herself, Mr. Pombo, Mr. Young of Alaska, Mr.
Doolittle, Mr. Smith of Texas, Mr. Calvert, Mr. Stockman, Mr.
Brewster, Mr. Cooley, Mr. Stump, Mrs. Cubin, Mr. Radanovich, Mr.
Tauzin, Mr. Cunningham, Mr. Bartlett of Maryland, Mr. Dornan, Mr.
Hastings of Washington, Mrs. Vucanovich, Mrs. Seastrand, Mr. Fields
of Texas, Mr. Barton of Texas, Mr. Stenholm, Mr. Rohrabacher, Mr.
Baker of Louisiana, Mr. Solomon, Mr. Laughlin, Mr. Hunter, Mr.
Herger, Mrs. Myrick, Mr. Dickey, Mr. Crapo, Mr. Istook, Mr. McKeon,
Mr. Hilleary, Mr. Burton of Indiana, Mr. Combest, Mr. Funderburk,
Mr. Barr, Mr. McIntosh, Mr. Metcalf, Mr. Cox, Mr. Lucas, Mr. Riggs,
Mr. Sam Johnson, and Mr. Hansen), [22JY]
Cosponsors added, [24JY]
H.R. 3863--
A bill to amend the Higher Education Act of 1965 to permit lenders under
the unsubsidized Federal Family Education Loan Program to pay
origination fees on behalf of borrowers; to the Committee on
Economic and Educational Opportunities.
By Mr. GOODLING (for himself, Mr. Greenwood, Mr. McKeon, Mr. Fattah,
Mr. Fawell, Mr. Clinger, and Mr. Gekas), [22JY]
Cosponsors added, [31JY], [2AU], [5SE], [26JY]
Reported with amendments (H. Rept. 104-775), [5SE]
Considered under suspension of the rules, [10SE]
Rules suspended. Passed House amended, [11SE]
H.R. 3864--
A bill to reform the management practices of the General Accounting
Office, and for other purposes; to the Committee on Government
Reform and Oversight.
[[Page 2910]]
By Mr. LaTOURETTE (for himself, Mr. Clinger, Mr. Horn, and Mr.
Flanagan), [22JY]
Rules suspended. Passed House amended, [4SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-316] (signed October 19, 1996)
H.R. 3865--
A bill to require the Secretary of Housing and Urban Development to
withhold public housing funding from public housing agencies in
States that prevent or impede the eviction of a public housing
tenant upon the initial violation of the terms of the tenant's
lease; to the Committee on Banking and Financial Services.
By Mr. TORRICELLI, [22JY]
H.R. 3866--
A bill to waive temporarily the Medicaid enrollment composition rule for
certain health maintenance organization; to the Committee on
Commerce.
By Mr. TOWNS (for himself, Mr. Greenwood, and Mr. Franks of
Connecticut), [22JY]
H.R. 3867--
A bill to amend the Developmental Disabilities Assistance and Bill of
Rights Act to extend the act, and for other purposes; to the
Committee on Commerce.
By Mr. FRISA (for himself, Mr. Bliley, Mr. Dingell, Mr. Bilirakis, Mr.
Towns, Mr. Greenwood, Mr. Studds, and Ms. Eshoo), [23JY]
Cosponsors added, [24JY], [29JY]
Reported (H. Rept. 104-719), [30JY]
Rules suspended. Passed House, [30JY]
H.R. 3868--
A bill to extend certain programs under the Energy Policy and
Conservation Act through September 30, 1996; to the Committee on
Commerce.
By Mr. SCHAEFER, [23JY]
Reported (H. Rept. 104-712), [26JY]
Rules suspended. Passed House, [30JY]
Passed Senate amended, [28SE]
H.R. 3869--
A bill to amend the Federal Advisory Committee Act to direct the
Director of the Office of Management and Budget to conduct a
negotiated rulemaking for the purpose of establishing electronic
data reporting standards for the electronic interchange of certain
data that is required to be reported under existing Federal law; to
the Committees on Government Reform and Oversight; the Judiciary,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HORN (for himself, Mrs. Maloney, Mr. Bass, Mr. Clinger, Mr.
Ehlers, Mr. Flanagan, Mr. Fox, Mr. Shays, Mr. Stearns, and Mr.
Tate), [23JY]
H.R. 3870--
A bill to authorize the Agency for International Development to offer
voluntary separation incentive payments to employees of that agency;
to the Committees on Government Reform and Oversight; International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. GILMAN, [23JY]
Rules suspended. Passed House amended, [29JY]
Passed Senate, [2AU]
Presented to the President (August 9, 1996)
Approved [Public Law 104-190] (signed August 20, 1996)
H.R. 3871--
A bill to waive temporarily the Medicaid enrollment composition rule for
certain health maintenance organizations; to the Committee on
Commerce.
By Mr. TOWNS (for himself, Mr. Greenwood, and Mr. Franks of
Connecticut), [23JY]
Reported (H. Rept. 104-752), [2AU]
Rules suspended. Passed House, [4SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-267] (signed October 9, 1996)
H.R. 3872--
A bill to amend the Inspector General Act of 1978 to establish an office
of inspector general in the Executive Office of the President; to
the Committee on Government Reform and Oversight.
By Mr. BASS (for himself, Mr. Clinger, and Mr. Horn), [23JY]
Cosponsors added, [1AU]
H.R. 3873--
A bill to establish a National Forest Preserve consisting of certain
Federal lands in the Sequoia National Forest in the State of
California to protect and preserve remaining Giant Sequoia
ecosystems and to provide increased recreational opportunities in
connection with such ecosystems; to the Committee on Resources.
By Mr. BROWN of California (for himself, Mr. Yates, Mr. Dellums, Mr.
Beilenson, Ms. Eshoo, Ms. Roybal-Allard, Mr. Zimmer, Mr. Wilson, Mr.
Waxman, Mr. Becerra, Ms. Woolsey, Mr. Berman, Ms. Lofgren, Mr.
Filner, Mr. Clay, Mr. Hinchey, Ms. Norton, Mr. Olver, Ms. Eddie
Bernice Johnson of Texas, Mr. Faleomavaega, and Ms. Slaughter),
[23JY]
Cosponsors added, [9SE]
H.R. 3874--
A bill to reauthorize the U.S. Commission on Civil Rights, and for other
purposes; to the Committee on the Judiciary.
By Mr. CANADY, [23JY]
Reported with amendments (H. Rept. 104-846), [26SE]
H.R. 3875--
A bill to redesignate the dam located at mile 153.6 on the Rogue River
in Jackson County, OR, and commonly known as the Lost Creek Dam Lake
Project, as the ``William L. Jess Dam and Intake Structure''; to the
Committee on Transportation and Infrastructure.
By Mr. COOLEY, [23JY]
H.R. 3876--
A bill to amend the Juvenile Justice and Delinquency Prevention Act of
1974 to authorize appropriations for fiscal years 1997, 1998, 1999,
2000, and for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. CUNNINGHAM, [23JY]
Reported with amendment (H. Rept. 104-783), [12SE]
H.R. 3877--
A bill to designate the U.S. post office building in Camden, AR, as the
``Honorable David H. Pryor Post Office Building''; to the Committee
on Government Reform and Oversight.
By Mr. DICKEY (for himself, Mr. Hutchinson, Mrs. Lincoln, and Mr.
Thornton), [23JY]
Rules suspended. Passed House amended, [24SE]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-268] (signed October 9, 1996)
H.R. 3878--
A bill to privatize the Federal Power Marketing Administrations and
certain facilities of the Tennessee Valley Authority and, in the
interim, to provide for a transition to market-based rates for such
power, and for other purposes; to the Committees on Resources;
Transportation and Infrastructure; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Meehan, Mr. Zimmer, Mr.
Martini, Mr. Frelinghuysen, Mr. Saxton, Mr. Foley, Mr. Klug, Mr.
Kennedy of Massachusetts, and Mr. Barrett of Wisconsin), [23JY]
Cosponsors added, [25JY], [2AU], [16SE]
H.R. 3879--
A bill to provide for representation of the Northern Mariana Islands by
a nonvoting Delegate in the House of Representatives; to the
Committee on Resources.
By Mr. GALLEGLY (for himself, Mr. Young of Alaska, Mr. Underwood, and
Mr. Faleomavaega), [23JY]
Cosponsors added, [26JY]
H.R. 3880--
A bill to provide for the establishment of the Voyageurs National Park
Intergovernmental Council, to provide for improved access to and use
of the Boundary Waters Canoe Area Wilderness, and for other
purposes; to the Committee on Resources.
By Mr. OBERSTAR, [23JY]
H.R. 3881--
A bill to establish the Bipartisan Commission on the Future of Medicare
to make findings and issue recommendations on the future of the
Medicare Program; to the Committees on Commerce; Ways and Means, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. STEARNS (for himself, Mr. Wolf, Mr. McHugh, Mr. Gibbons, Mr.
Montgomery, and Mr. Rohrabacher), [23JY]
Cosponsors added, [2AU]
H.R. 3882--
A bill to require the Secretary of the Navy to transfer jurisdiction
over a portion of Cecil Field Naval Air Station, FL, to the
Secretary of Veterans Affairs for use as a national cemetery and for
development of a long-term care or nursing home facility for
veterans; to the Committees on National Security; Veterans' Affairs,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STEARNS, [23JY]
H.R. 3883--
A bill to grant the United States a copyright to the flag of the United
States and to impose criminal penalties for the destruction of a
copyrighted flag; to the Committee on the Judiciary.
By Mr. TORRICELLI, [23JY]
H.R. 3884--
A bill to amend title 39, United States Code, to require that
traditional equitable principles be applied by the U.S. Postal
Service in determining whether or not to exercise its temporary
detention authority with respect to mail alleged to be deceptive or
misleading; to the Committee on Government Reform and Oversight.
By Mr. FOX (for himself, Mr. Clinger, and Mr. Mica), [24JY]
H.R. 3885--
A bill to amend section 552 of title 5, United States Code, commonly
known as the Freedom of Information Act, to provide for greater
efficiency in providing public access to information and to provide
for public access to information in an electronic format; to the
Committee on Government Reform and Oversight.
By Mrs. MALONEY (for herself, Mr. Horn, and Mr. Tate), [24JY]
H.R. 3886--
A bill to clarify the intent of the Congress in Public Law 93-632 to
require the Secretary of Agriculture to continue to provide for the
maintenance of 18 concrete dams and weirs that were located in the
Emigrant Wilderness at the time the wilderness area was designated
as wilderness in that Public Law; to the Committee on Resources.
By Mr. DOOLITTLE, [24JY]
H.R. 3887--
A bill to repeal the provision of chapter 83 of title 5, United States
Code, under which certain Members of Congress are eligible for
immediate retirement after serving in nine Congresses; to the
Committees on House Oversight; Government Reform and Oversight, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. GEJDENSON, [24JY]
H.R. 3888--
A bill to amend the Housing and Community Development Act of 1974 to
allow small communities to use limited space in public facilities
acquired, constructed, or rehabilitated using community development
block grant funds for local government offices; to the Committee on
Banking and Financial Services.
By Mr. RICHARDSON, [24JY]
H.R. 3889--
A bill to amend the Internal Revenue Code of 1986 to reduce the taxes on
wine to their pre-1991 rates; to the Committee on Ways and Means.
By Mr. RIGGS, [24JY]
Cosponsors added, [5SE]
H.R. 3890--
A bill to provide for the withdrawal of most favored nation status from
Iran, Iraq, Libya, and Syria, and to provide for the restoration of
such status with respect to Syria if the President determines that
Syria is participating in the Middle East peace process in good
faith; to the Committee on Ways and Means.
[[Page 2911]]
By Mr. SCARBOROUGH (for himself, Mr. Solomon, Mr. Porter, Ms. Pelosi,
Mr. Cunningham, and Mr. Lipinski, [24JY]
H.R. 3891--
A bill to amend the Commodity Exchange Act to provide for the regulation
of contracts for the purchase or sale of a commodity for future
delivery, which are made on or subject to the rules of a board of
trade, exchange, or market located outside the United States, when
the commodity is deliverable in the United States; to the Committee
on Agriculture.
By Mr. SCHUMER, [24JY]
Cosponsors added, [27SE]
H.R. 3892--
A bill to clarify treatment of certain claims and defenses against an
insured depository institution under receivership by the Federal
Deposit Insurance Corporation, and for other purposes; to the
Committee on Banking and Financial Services.
By Mr. TORKILDSEN, [24JY]
H.R. 3893--
A bill to amend the Solid Waste Disposal Act to prohibit the
international export and import of certain solid waste; to the
Committee on Commerce.
By Mr. TOWNS, [24JY]
H.R. 3894--
A bill for the relief of Margarito Domantay; to the Committee on the
Judiciary.
By Mr. BILIRAKIS, [24JY]
H.R. 3895--
A bill to authorize amounts required to be paid by the United States
pursuant to a judgment or a settlement in favor of an individual to
be used to pay child support and alimony obligations of the
individual; to the Committee on Ways and Means.
By Mr. GANSKE, [25JY]
Cosponsors added, [18SE]
H.R. 3896--
A bill to amend title 49, United States Code, to require the use of dogs
or other appropriate animals at major airports for the purpose of
detecting plastic explosives and other devices which may be used in
airport piracy and which cannot be detected by metal detectors; to
the Committee on Transportation and Infrastructure.
By Mr. BURTON of Indiana, [25JY]
Cosponsors added, [30JY], [2AU], [4SE]
H.R. 3897--
A bill to provide permanent authority for the insurance of home equity
conversion mortgages and to promote consumer education in connection
with such mortgages, and for other purposes; to the Committee on
Banking and Financial Services.
By Mr. LAZIO of New York (for himself, Mr. Leach, Mr. Bereuter, Mr.
Baker of Louisiana, Mr. Castle, Mr. Weller, Mr. Hayworth, Mr. Bono,
Mr. Ney, Mr. Ehrlich, Mr. Cremeans, Mr. Fox, Mr. Heineman, Mr. Watts
of Oklahoma, Mr. English of Pennsylvania, Mr. Ensign, and Mr.
Flanagan), [25JY]
H.R. 3898--
A bill to declare English as the official language of the United States,
and for other purposes; to the Committees on Economic and
Educational Opportunities; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned..
By Mr. CUNNINGHAM (for himself, Mr. Porter, and Mr. Canady), [25JY]
H.R. 3899--
A bill to amend title II of the Social Security Act to provide that the
waiting period for disability benefits shall not be applicable in
the case of a disabled individual suffering from a terminal illness;
to the Committee on Ways and Means.
By Mr. LIPINSKI, [25JY]
H.R. 3900--
A bill to amend the Agricultural Market Transition Act to provide
greater planting flexibility, and for other purposes; to the
Committee on Agriculture.
By Mr. COMBEST (for himself, Mr. Roberts, Mr. de la Garza, Mr.
Stenholm, Mr. Allard, Mr. Barrett of Nebraska, Mr. Johnson of South
Dakota, Mr. Lucas, Mr. Chambliss, Mr. Thornberry, Mr. Edwards, and
Mr. Tejeda), [25JY]
Committee discharged. Passed House amended, [26JY]
H.R. 3901--
A bill to amend title 18, United States Code, to create criminal
penalties for theft and malicious vandalism at national cemeteries;
to the Committee on the Judiciary.
By Mr. CALVERT (for himself, Mr. Boehner, Mr. Solomon, Mr. Stump, Mr.
Montgomery, Mr. McCollum, Mr. Lewis of California, Mr. Walker, Mr.
Moorhead, Mr. Hoke, Mr. Buyer, Mr. Moran, Mr. Sam Johnson, Mr.
Christensen, Mr. Cox, Mr. Hunter, Mr. McKeon, Mr. Brewster, Mr.
Chambliss, Mr. Ackerman, Mr. Saxton, Mr. Kim, Mr. English of
Pennsylvania, Mr. Watts of Oklahoma, Mr. Ewing, Mr. Horn, Mr.
Bonilla, Mr. Bilbray, Mr. Hayworth, Mr. Lightfoot, Mr. Roemer, Mr.
Brown of California, Mr. Gilchrest, Mr. Cunningham, Mr. Ramstad,
Mrs. Seastrand, Mr. Faleomavaega, and Mr. Torricelli), [25JY]
Cosponsors added, [2AU], [27SE]
H.R. 3902--
A bill to amend the Omnibus Consolidated Rescissions and Appropriations
Act of 1996 to extend the date specified for the transfer of certain
amounts to be available for drinking water State revolving funds
from August 1, 1996, to September 30, 1996; to the Committee on
Appropriations.
By Mr. DINGELL (for himself, Mr. Waxman, Mr. Stupak, and Mrs.
Lincoln), [25JY]
Cosponsors added, [31JY]
H.R. 3903--
A bill to require the Secretary of the Interior to sell the Sly Park Dam
and Reservoir, and for other purposes; to the Committee on
Resources.
By Mr. DOOLITTLE, [25JY]
Reported with amendment (H. Rept. 104-768), [4SE]
H.R. 3904--
A bill to amend the Public Health Service Act to provide additional
support for and to expand clinical research programs, and for other
purposes; to the Committee on Commerce.
By Mrs. LOWEY (for herself, Mrs. Johnson of Connecticut, Mr. Durbin,
Mr. Hoyer, Mrs. Morella, Mr. Leach, Ms. Pelosi, Mr. Nadler, and Ms.
DeLauro), [25JY]
H.R. 3905--
A bill to amend the Controlled Substances Act to provide an enhanced
penalty for distributing a controlled substance with the intent to
facilitate a rape or sexual battery, and for other purposes; to the
Committees on the Judiciary; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SOLOMON (for himself, Ms. Dunn of Washington, Ms. Molinari, Mr.
Johnston of Florida, Mr. Gallegly, Mr. Oxley, Mr. Tate, Mrs. Cubin,
Mr. Baker of Louisiana, Mr. Franks of Connecticut, Mrs. Seastrand,
Mr. Bilbray, Mrs. Lowey, Ms. Pryce, Mr. Ackerman, and Mrs. Fowler),
[25JY]
Cosponsors added, [31JY], [1AU], [2AU], [5SE], [10SE], [11SE], [16SE],
[17SE]
H.R. 3906--
A bill to encourage the development and use of new and innovative
environmental monitoring technology by accelerating the move toward
performance-based monitoring methods, establishing target dates for
implementing a new regulatory approach across all environmental
programs, and for other purposes; to the Committees on Science;
Commerce; Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BAKER of California (for himself and Ms. Lofgren), [25JY]
H.R. 3907--
A bill to facilitate the 2002 Winter Olympic Games in the State of Utah
at the Snowbasin Ski Area, to provide for the acquisition of lands
within the Sterling Forest Reserve, and for other purposes; to the
Committee on Resources.
By Mr. HANSEN (for himself and Mr. Martini), [26JY]
Rules suspended. Passed House amended, [30JY]
H.R. 3908--
A bill to prevent the illegal manufacturing and use of methamphetamine;
to the Committees on the Judiciary; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. FAZIO of California, [26JY]
H.R. 3909--
A bill to improve aviation security by requiring the installation of
certain explosive detection equipment at certain airports, by
requiring the installation of explosive resistant cargo containers
on aircraft, to provide assistance for the acquisition of such
equipment, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. NADLER, [26JY]
H.R. 3910--
A bill to provide emergency drought relief to the city of Corpus
Christi, TX, and the Canadian River Municipal Water Authority, TX,
and for other purposes; to the Committee on Resources.
By Mr. ORTIZ (for himself and Mr. Thornberry), [26JY]
Reported with amendment (H. Rept. 104-770), [4SE]
Rules suspended. Passed House amended, [10SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-318] (signed October 19, 1996)
H.R. 3911--
A bill to establish the Great Falls Historic District in the State of
New Jersey, and for other purposes; to the Committee on Resources.
By Mr. PALLONE, [26JY]
H.R. 3912--
A bill to amend the Federal Election Campaign Act of 1971 to encourage
compliance with spending limits on elections for the House of
Representatives and enhance the importance of individual
contributions and contributions originating within congressional
districts; to the Committee on House Oversight.
By Mr. PORTER, [26JY]
H.R. 3913--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Western Atlantic;
to the Committee on Transportation and Infrastructure.
By Mr. BURTON of Indiana, [29JY]
H.R. 3914--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Beacon; to the
Committee on Transportation and Infrastructure.
By Mr. BURTON of Indiana, [29JY]
H.R. 3915--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade, in the fisheries, and on the
Great Lakes and their tributary and connecting waters in trade with
Canada, for the vessel Maralinda; to the Committee on Transportation
and Infrastructure.
By Mr. CANADY, [30JY]
H.R. 3916--
A bill to make available certain Voice of America and Radio Marti
multilingual computer readable text and voice recordings; to the
Committee on International Relations.
By Mr. GILMAN (for himself, Mr. Andrews, and Mr. Fox), [30JY]
Rules suspended. Passed House, [4SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-269] (signed October 9, 1996)
H.R. 3917--
A bill to require full cost pricing for irrigation water delivered by
the Bureau of Reclamation from new projects under new long-term
contracts, and for other purposes; to the Committee on Resources.
By Mr. MILLER of California (for himself, Mr. Vento, Mr. Hinchey, Mr.
Gejdenson, Mr. Studds, and Mr. Olver), [30JY]
Cosponsors added, [4SE], [9SE]
H.R. 3918--
A bill to amend title 5, United States Code, to treat employees of the
Government of the District of Columbia in the same manner as
employees of State and local governments are treated for the
purposes of the Hatch Act; to the Committee on Government Reform and
Oversight.
[[Page 2912]]
By Ms. NORTON, [30JY]
H.R. 3919--
A bill to provide financial aid grants for college and technical school
education; to the Committee on Economic and Educational
Opportunities.
By Mr. OBEY (for himself, Mr. Clay, Mr. Miller of California, Mr.
Yates, Mr. Brown of California, Mr. Frost, Mr. Lipinski, Ms.
DeLauro, and Mr. Hinchey), [30JY]
Cosponsors added, [30SE]
H.R. 3920--
A bill to amend chapter 35 of title 44, United States Code, popularly
known as the Paperwork Reduction Act, to require that collections of
information that ask a respondent to specify a racial classification
or ethnic classification from among a list of classifications shall
provide an opportunity for the respondent to specify, respectively,
multiracial or multiethnic; to the Committee on Government Reform
and Oversight.
By Mr. PETRI, [30JY]
Cosponsors added, [4SE], [26SE]
H.R. 3921--
A bill to recognize businesses which show an exemplary commitment to
participating with schools to enhance educators' technology
capabilities and to make every student technologically literate; to
the Committee on Economic and Educational Opportunities.
By Ms. WOOLSEY, [30JY]
H.R. 3922--
A bill for the relief of Juice Farms, Inc.; to the Committee on Ways and
Means.
By Mr. McCOLLUM, [30JY]
H.R. 3923--
A bill to amend title 49, United States Code, to require the National
Transportation Safety Board and individual air carriers to take
actions to address the needs of families of passengers involved in
aircraft accidents; to the Committee on Transportation and
Infrastructure.
By Mr. SHUSTER (for himself, Mr. Duncan, Mr. Oberstar, Mr. Lipinski,
Mr. Hutchinson, Mr. Baker of California, Mr. Franks of New Jersey,
Mr. Blute, Mr. Ehlers, Mr. Bachus, Ms. Brown of Florida, Mr. Latham,
Mrs. Kelly, Mr. LaTourette, Mr. Mascara, Mr. Lazio of New York, and
Mr. LaHood), [31JY]
Cosponsors added, [5SE], [11SE], [17SE]
Reported with amendment (H. Rept. 104-793), [17SE]
Rules suspended. Passed House amended, [18SE]
H.R. 3924--
A bill to provide uniform safeguards for the confidentiality of
information acquired for exclusively statistical purposes, and to
improve the efficiency of Federal statistical programs and the
quality of Federal statistics by permitting limited sharing of
records for statistical purposes under strong safeguards; to the
Committee on Government Reform and Oversight.
By Mr. HORN (for himself and Mrs. Maloney), [31JY]
H.R. 3925--
A bill to amend title 10, United States Code, to restore the regulations
prohibiting service of homosexuals in the Armed Forces; to the
Committee on National Security.
By Mr. DORNAN (for himself, Mr. Hunter, Mr. Chambliss, Mr. Stearns,
and Mr. Crane), [31JY]
H.R. 3926--
A bill to amend title 10, United States Code, to require the separation
from military service under certain circumstances of members of the
Armed Forces diagnosed with the HIV-1 virus; to the Committee on
National Security.
By Mr. DORNAN (for himself, Mr. Hunter, Mr. Chambliss, Mr. Stearns,
and Mr. Crane), [31JY]
H.R. 3927--
A bill to amend title 38, United States Code, to provide benefits for
certain children of Vietnam veterans who are born with spina bifida,
and for other purposes; to the Committee on Veterans' Affairs.
By Mr. EVANS (for himself, Mr. Gutierrez, Mr. Filner, Mr. Stockman,
Mr. Ackerman, Mr. Kildee, Mrs. Thurman, Mr. Faleomavaega, Mr. Frost,
Ms. McKinney, Mr. Johnson of South Dakota, Mr. McDermott, and Mr.
Metcalf), [31JY]
Cosponsors added, [2AU], [5SE], [11SE], [17SE], [27SE]
H.R. 3928--
A bill to amend the Immigration and Nationality Act with respect to
waiver of exclusion for certain excludable aliens; to the Committee
on the Judiciary.
By Mr. FRANK of Massachusetts, [31JY]
Cosponsors added, [2AU], [4SE], [11SE]
H.R. 3929--
A bill to direct the Secretary of the Interior to utilize certain
Federal lands in Arizona to acquire by eminent domain State trust
lands located in or adjacent to other Federal lands in Arizona; to
the Committees on Resources; Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STUMP (for himself, Mr. Shadegg, and Mr. Hayworth), [31JY]
H.R. 3930--
A bill to protect the personal privacy rights of insurance customers and
claimants, and for other purposes; to the Committees on Commerce;
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. TOWNS, [31JY]
H.R. 3931--
A bill to amend the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 to require the development and
implementation of a national financial crimes strategy to combat
financial crimes involving money laundering and other related
activities, and for other purposes; to the Committees on Banking and
Financial Services; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Ms. VELAZQUEZ (for herself, Mr. Rangel, Mr. Schumer, Mrs. Maloney,
Mr. Manton, Mr. Ackerman, Mr. Towns, Mrs. Lowey, Mr. Flake, Mr.
Nadler, Mr. Owens, Mr. Serrano, Mr. Engel, Mr. Gilman, Mr. Hinchey,
and Mr. King), [31JY]
H.R. 3932--
A bill to amend title II of the Social Security Act to provide that the
waiting period for disability benefits shall not be applicable in
the case of a disabled individual suffering from a terminal illness;
to the Committee on Ways and Means.
By Mr. WISE, [31JY]
H.R. 3933--
A bill to authorize construction of the Smithsonian Institution National
Air and Space Museum Dulles Center at Washington Dulles
International Airport, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. WOLF (for himself, Mr. Livingston, Mr. Sam Johnson, Mr. Davis,
Mr. Bliley, Mr. Goodlatte, Mr. Moran, Mr. Payne of Virginia, Mr.
Boucher, Mr. Pickett, Mr. Sisisky, Mr. Bateman, and Mr. Scott),
[31JY]
H.R. 3934--
A bill to provide protections against bundling of contract requirements
in Federal procurement; to the Committees on National Security;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. ZELIFF (for himself, Mr. Paxon, and Mr. Quinn), [31JY]
H.R. 3935--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for each of the vessels High Hopes
and High Hopes II; to the Committee on Transportation and
Infrastructure.
By Mr. HEFLEY, [31JY]
H.R. 3936--
A bill to encourage the development of a commercial space industry in
the United States, and for other purposes; to the Committees on
Science; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. WALKER (for himself, Mr. Sensenbrenner, Mr. Largent, Mr. Weldon
of Florida, Mr. Rohrabacher, Mr. Hilleary, Mr. Stockman, Mr. Davis,
Mr. Calvert, Mr. Baker of California, Mrs. Seastrand, and Mr.
Tiahrt), [1AU]
Reported with amendment (H. Rept. 104-801, part 1), [17SE]
Referral to the Committee on Government Reform and Oversight extended,
[17SE]
Committee discharged, [17SE]
Rules suspended. Passed House amended, [17SE]
H.R. 3937--
A bill to amend title XIX of the Social Security Act with respect to
preventing the transmission of the human immunodeficiency virus,
commonly known as HIV, and for other purposes; to the Committee on
Commerce.
By Mr. COBURN (for himself, Ms. Molinari, Mr. DeLay, Mrs. Fowler, Mr.
Weldon of Florida, Mr. Norwood, Mr. Hutchinson, Mr. Largent, Mr.
Souder, Mr. Stockman, Mr. Dornan, and Mr. Hostettler), [1AU]
Cosponsors added, [10SE], [19SE]
Cosponsors removed, [27SE]
H.R. 3938--
A bill to amend title 38, United States Code, to provide for a Veterans'
Employment and Training Bill of Rights, to strengthen preference for
veterans in hiring, and for other purposes; to the Committee on
Veterans' Affairs.
By Mr. FILNER (for himself, Mr. Montgomery, Mr. Evans, Mr. Kennedy of
Massachusetts, Mr. Edwards, Mr. Clement, Mr. Tejeda, Mr. Baesler,
Mr. Clyburn, Mr. Bishop, Ms. Brown of Florida, and Mr. Mascara),
[1AU]
Cosponsors added, [25SE], [26SE], [27SE]
H.R. 3939--
A bill to amend title 38, United States Code, to authorize the Secretary
of Veterans Affairs to offer a loan guaranteed by an adjustable rate
mortgage under chapter 37 of such title; to the Committee on
Veterans' Affairs.
By Mr. FOX (for himself, Mr. Stump, Mr. Montgomery, Mr. Hayworth, Mr.
Weldon of Pennsylvania, Mr. Weller, Mr. Davis, Mr. Barr, Mr. Smith
of New Jersey, Mr. Barrett of Nebraska, Mr. Flanagan, Mr. Longley,
Mr. Saxton, Mr. Shadegg, Mr. Tiahrt, Mr. Forbes, Mr. Spence, Mr.
English of Pennsylvania, Mr. Mascara, Mr. McHale, Mr. Solomon, Mr.
Dornan, Mr. Watts of Oklahoma, Mr. Chambliss, Mr. Norwood, Mr.
Stearns, Mr. Hancock, Mr. Gutknecht, Mr. Calvert, and Mr. Riggs),
[1AU]
Cosponsors added, [2AU], [5SE], [1OC]
H.R. 3940--
A bill to provide for a reduction in the rate of teenage pregnancy
through the evaluation of public and private prevention programs,
and for other purposes; to the Committee on Commerce.
By Mrs. LOWEY (for herself, Mr. Castle, Mrs. Johnson of Connecticut,
Mrs. Clayton, Mr. Porter, Mrs. Thurman, and Mrs. Morella), [1AU]
H.R. 3941--
A bill to designate the U.S. courthouse located at 500 Pearl Street in
New York City, NY, as the ``Ted Weiss United States Courthouse''; to
the Committee on Transportation and Infrastructure.
By Mr. NADLER, [1AU]
H.R. 3942--
A bill to amend title XVIII of the Social Security Act to permit the
geographic reclassification of hospitals for purposes of
disportionate share hospital payment adjustments under the Medicare
Program; to the Committee on Ways and Means.
By Mr. NEY (for himself, Mr. Hostettler, Mr. Spratt, Mr. Cremeans, Mr.
Clyburn, Mr. Gillmor, Mr. McHugh, Mr. Inglis of South Carolina, and
Mr. Wicker), [1AU]
Cosponsors added, [4SE], [10SE], [17SE]
H.R. 3943--
A bill to amend the Internal Revenue Code of 1986 to replace the current
earned income credit and the personal exemption for children with a
refundable credit for families and a refundable credit for each
child, and for other purposes; to the Committee on Ways and Means.
By Mr. PETRI, [1AU]
H.R. 3944--
A bill to permit States to enforce certain State requirements for the
labeling of bottled spring water; to the Committee on Commerce.
By Mr. TAYLOR of North Carolina, [1AU]
H.R. 3945--
A bill to require the Federal Communications Commission to promote
additional sharing of broad
[[Page 2913]]
casting tower facilities to reduce the impact on local communities
of station towers; to the Committee on Commerce.
By Mr. TAYLOR of North Carolina, [1AU]
H.R. 3946--
A bill to amend title 28 of the United States Code to provide for a
remedy against the United States for claims based upon conduct
involving human experimentation, to provide a remedy against the
United States with respect to constitutional and human rights
violations, and for other purposes; to the Committee on the
Judiciary.
By Mr. TORRICELLI (for himself, Mr. Evans, Mr. LaFalce, and Mr.
Moakley), [1AU]
H.R. 3947--
A bill to amend the General Education Provisions Act to allow parents
access to certain information; to the Committee on Economic and
Educational Opportunities.
By Mr. TIAHRT (for himself, Mr. Souder, Mr. Largent, Mr. Hoekstra, Mr.
Cooley, Mr. Gutknecht, Mr. Lipinski, Mr. Graham, Mr. Lewis of
Kentucky, Mr. Talent, Mr. Stockman, Mr. Hutchinson, Mr. Bartlett of
Maryland, Mr. Ensign, Mr. Barr, Mr. Dornan, and Mr. Calvert), [1AU]
Cosponsors added, [24SE]
H.R. 3948--
A bill to amend the Federal Water Pollution Control Act to provide for
the use of biological monitoring and whole effluent toxicity test in
connection with publicly owned treatment works, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. HEFLEY, [1AU]
H.R. 3949--
A bill for the relief of Senior Master Sergeant William L. Sullivan,
U.S. Air Force; to the Committee on the Judiciary.
By Mr. PETE GEREN of Texas, [1AU]
H.R. 3950--
A bill to amend title 38, United States Code, to reorganize the veterans
health system, to improve access to, and the quality and efficiency
of, care provided to the Nation's veterans, to operate the veterans
health system based on the principles of managed care, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. LONGLEY, [2AU]
Cosponsors added, [17SE], [24SE]
H.R. 3951--
A bill to permit duty-free treatment for certain structures, parts, and
components used in the Gemini Telescope Project; to the Committee on
Ways and Means.
By Mr. WALKER, [2AU]
H.R. 3952--
A bill to clarify that certain components of certain scientific
instruments and apparatus shall be provided duty-free treatment; to
the Committee on Ways and Means.
By Mr. WALKER (for himself, Mr. Brown of California, Mr.
Sensenbrenner, Mr. Boehlert, Mrs. Morella, Mr. Weldon of
Pennsylvania, Mr. Rohrabacher, Mr. Schiff, Mr. Barton of Texas, Mr.
Calvert, Mr. Baker of California, Mr. Bartlett of Maryland, Mr.
Ehlers, Mr. Stockman, Mr. Gutknecht, Mr. Largent, Mrs. Seastrand,
Mr. Cramer, Ms. Lofgren, Mr. McHale, and Mr. Gordon), [2AU]
Cosponsors added, [5SE]
H.R. 3953--
A bill to combat terrorism; to the Committees on Transportation and
Infrastructure; the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SHUSTER (for himself, Mr. Hyde, Mr. Duncan, and Mr. McCollum),
[2AU]
Rules suspended. Passed House, [2AU]
H.R. 3954--
A bill to restrict the access of youth to tobacco products, and for
other purposes; to the Committees on Commerce; Government Reform and
Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FOX, [2AU]
H.R. 3955--
A bill to amend the Internal Revenue Code of 1986 to allow a refundable
credit to businesses which recycle office wastes; to the Committee
on Ways and Means.
By Mr. FOX, [2AU]
H.R. 3956--
A bill to eliminate automatic pay adjustments for Members of Congress,
and for other purposes; to the Committees on House Oversight;
Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. CHRISTENSEN, [2AU]
H.R. 3957--
A bill to amend the Communications Act of 1934 to require the Federal
Communications Commission to streamline its management, to eliminate
unnecessarily burdensome regulatory provisions, and for other
purposes; to the Committee on Commerce.
By Mr. FIELDS of Texas (for himself and Mr. Dingell), [2AU]
H.R. 3958--
A bill to permit individuals to continue coverage under Federal health
care programs of services while participating in approved clinical
studies and to require the Secretary of Health and Human Services to
make publicly available information on clinical trials; to the
Committees on Commerce; Ways and Means; National Security; Veterans'
Affairs; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. JOHNSON of Connecticut, [2AU]
H.R. 3959--
A bill to establish a demonstration project to study and provide
coverage of routine patient care costs for Medicare beneficiaries
with cancer who are enrolled in an approved clinical trial program;
to the Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. JOHNSON of Connecticut, [2AU]
H.R. 3960--
A bill to combat terrorism; to the Committee on the Judiciary.
By Mr. HYDE (for himself, Mr. Conyers, Mr. McCollum, Mr. Schumer, Mr.
Canady, and Mr. Heineman), [2AU]
H.R. 3961--
A bill to provide that customs officers and immigration officers have
the authority to deny entry into the United States of certain
foreign motor vehicles that do not comply with applicable laws
governing motor vehicle emissions, and for other purposes; to the
Committees on Ways and Means; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BILBRAY (for himself, Mr. Barton of Texas, Mr. Hunter, Mr.
Cunningham, Mr. Calvert, Mr. Bono, Mr. Radanovich, and Mr. McKeon),
[2AU]
Cosponsors added, [28SE]
H.R. 3962--
A bill to establish a visa waiver pilot program for nationals of Korea
who are traveling in tour groups to the United States; to the
Committee on the Judiciary.
By Mr. ABERCROMBIE (for himself and Mr. Kim), [2AU]
H.R. 3963--
A bill to amend section 8 of the United States Housing Act of 1937 to
prohibit the owner of a rental dwelling unit from receiving Federal
rental subsidy amounts for rental of the dwelling unit to a member
of the owner's family; to the Committee on Banking and Financial
Services.
By Mr. ENGLISH of Pennsylvania (for himself, Mr. Ramstad, Mr. Talent,
and Mr. Fox), [2AU]
Cosponsors added, [4SE], [11SE], [24SE]
H.R. 3964--
A bill to amend title IV of the Stewart B. McKinney Homeless Assistance
Act to consolidate the Federal programs for housing assistance for
the homeless into a block grant program that ensures that States and
communities are provided sufficient flexibility to use assistance
amounts effectively; to the Committee on Banking and Financial
Services.
By Mr. LAZIO of New York, [2AU]
H.R. 3965--
A bill to amend the Internal Revenue Code of 1986 to increase the amount
which may be contributed to a defined contribution plan; to the
Committee on Ways and Means.
By Mr. LEACH, [2AU]
H.R. 3966--
A bill to authorize and request the President to award the Congressional
Medal of Honor posthumously to Theodore Roosevelt for his gallant
and heroic actions in the attack on San Juan Heights, Cuba, during
the Spanish-American War; to the Committee on National Security.
By Mr. McHALE (for himself, Mr. Cunningham, Mr. Spence, Mr. Skelton,
Mr. Blute, Mr. King, Mr. Abercrombie, Mr. Ackerman, Mr. Bachus, Mr.
Baesler, Mr. Baker of California, Mr. Baldacci, Mr. Barcia of
Michigan, Mr. Barrett of Wisconsin, Mr. Becerra, Mr. Bonior, Mr.
Borski, Mr. Brewster, Ms. Brown of Florida, Mr. Buyer, Mr. Cardin,
Mr. Clement, Mr. Clinger, Mr. Coble, Mr. Coyne, Mr. Cramer, Mr.
Davis, Ms. DeLauro, Mr. Deutsch, Mr. Dickey, Mr. Dooley, Mr. Dornan,
Mr. Doyle, Mr. Duncan, Mr. Edwards, Mr. Ehrlich, Mr. English of
Pennsylvania, Mr. Farr, Mr. Fattah, Mr. Fawell, Mr. Foglietta, Mr.
Fox, Mr. Franks of New Jersey, Mr. Frost, Mr. Pete Geren of Texas,
Mr. Gilman, Mr. Gordon, Mr. Green of Texas, Mr. Hall of Texas, Mr.
Hastings of Washington, Mr. Hefner, Mr. Holden, Mr. Horn, Mr.
Hunter, Ms. Jackson-Lee, Mr. Jacobs, Mr. Jones, Mr. Kanjorski, Mrs.
Kelly, Mr. Kennedy of Rhode Island, Mr. Klink, Mr. Klug, Mr.
LaFalce, Mr. Laughlin, Mr. Lazio of New York, Mr. Longley, Mr.
Mascara, Mr. McDermott, Mr. McHugh, Mr. McInnis, Mr. McKeon, Mr.
Montgomery, Mr. Moran, Mr. Neal of Massachusetts, Mr. Meehan, Mr.
Olver, Mr. Ortiz, Mr. Pallone, Mr. Parker, Mr. Pastor, Mr. Pickett,
Mr. Pomeroy, Mr. Quinn, Mr. Reed, Mr. Roemer, Mr. Rose, Mr. Saxton,
Mr. Shays, Mr. Sisisky, Mr. Solomon, Mr. Spratt, Mr. Stump, Mr.
Talent, Mr. Tanner, Mr. Taylor of Mississippi, Mr. Tejeda, Mr.
Torkildsen, Mr. Traficant, Mr. Visclosky, Mr. Watts of Oklahoma, Mr.
Weldon of Pennsylvania, Mr. Wicker, Mr. Wilson, Mr. Wise, and Mr.
Zimmer), [2AU]
Cosponsors added, [5SE], [24SE]
H.R. 3967--
A bill to provide for a judicial remedy for disputes arising under
certain agreements with foreign entities; to the Committee on the
Judiciary.
By Mr. MENENDEZ, [2AU]
H.R. 3968--
A bill to make improvements in the operation and administration of the
Federal courts, and for other purposes; to the Committee on the
Judiciary.
By Mr. MOORHEAD (for himself and Mrs. Schroeder), [2AU]
Reported with amendment (H. Rept. 104-798), [17SE]
Rules suspended. Passed House amended, [17SE]
H.R. 3969--
A bill to amend the Colorado Wilderness Act of 1993 to extend the
interim protection of the Spanish Peaks planning area in the San
Isabel National Forest, CO; to the Committee on Resources.
By Mr. SKAGGS (for himself, Mr. McInnis, and Mrs. Schroeder), [2AU]
H.R. 3970--
A bill to amend the Act of October 21, 1970, establishing the Sleeping
Bear Dunes National Lakeshore to permit certain persons to continue
to use and occupy certain areas within the lakeshore, and for other
purposes; to the Committee on Resources.
By Mr. STUPAK (for himself, Mr. Upton, and Mr. Knollenberg), [2AU]
H.R. 3971--
A bill to assist in the conservation and stabilization of water quantity
and quality for fish habitat and recreation in the Walker River
Basin consistent with Decree C-125, issued by the U.S. District
Court for the District of Nevada; to the Committee on Resources.
By Mrs. VUCANOVICH, [2AU]
H.R. 3972--
A bill to amend title 38, United States Code, to improve health care
services provided by the Department of Veterans Affairs to women
veterans; to the Committee on Veterans' Affairs.
By Ms. WATERS (for herself and Ms. Brown of Florida), [2AU]
[[Page 2914]]
H.R. 3973--
A bill to provide for a study of the recommendations of the Joint
Federal-State Commission on Policies and Programs Affecting Alaska
Natives; to the Committee on Resources.
By Mr. YOUNG of Alaska, [2AU]
Reported with amendment (H. Rept. 104-838), [25SE]
Rules suspended. Passed House amended, [26SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-270] (signed October 9, 1996)
H.R. 3974--
A bill to amend the Foreign Assistance Act of 1961 to prohibit the
provision of assistance to foreign governments that provide
assistance to Cuba; to the Committee on International Relations.
By Mr. ZIMMER, [2AU]
H.R. 3975--
A bill for the relief of Lt. Col. (retired) Robert L. Stockwell, U.S.
Army; to the Committee on the Judiciary.
By By Mrs. MEYERS of Kansas, [2AU]
H.R. 3976--
A bill to amend the Federal Credit Union Act and the Federal Deposit
Insurance Act to prohibit removal of members of the National Credit
Union Administration Board and the Board of Directors of the Federal
Deposit Insurance Corporation except for cause, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. BACHUS (for himself, Mr. Barr, Mr. McCollum, and Mr. Leach),
[2AU]
H.R. 3977--
A bill to suspend temporarily the duty on certain chemicals used in the
formulation of an HIV protease inhibitor; to the Committee on Ways
and Means.
By Mr. BILBRAY (for himself, Mr. Matsui, and Mr. Thomas), [2AU]
H.R. 3978--
A bill to authorize the Secretary of Agriculture to purchase commodities
under the Emergency Food Assistance Act of 1983 using State funds;
to the Committee on Agriculture.
By Mr. DICKS (for himself, Mr. de la Garza, Mr. Roberts, Mr.
McDermott, and Mr. Nethercutt), [2AU]
H.R. 3979--
A bill to amend the Internal Revenue Code of 1986 to allow a refundable
credit for the contribution of books to any library; to the
Committee on Ways and Means.
By Mr. FOX, [2AU]
H.R. 3980--
A bill to amend the Cuban Liberty and Democratic Solidarity [LIBERTAD]
Act of 1996 relating to the exclusion from the United States of
certain aliens; to the Committee on the Judiciary.
By Mr. FRANK of Massachusetts, [2AU]
H.R. 3981--
A bill to provide that a person may use private express for the private
carriage of certain letters and packets without being penalized by
the Postal Service, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mr. FRANKS of New Jersey, [2AU]
H.R. 3982--
A bill to establish a Permanent Performance Review Commission; to the
Committees on Government Reform and Oversight; Rules, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. FRANKS of New Jersey (for himself, Mr. Herger, Mr. Hoke, Mr.
Kasich, Mr. Kolbe, Mr. Meehan, Mr. Smith of Michigan, and Mr. Smith
of Texas), [2AU]
H.R. 3983--
A bill to amend title 18, United States Code, to prohibit false
statements in the offering of adoption services and to prohibit
certain persons from soliciting or receiving compensation for
placing a child for adoption, and to express the sense of the
Congress that there should be civil remedies for victims of
fraudulent adoption practices; to the Committee on the Judiciary.
By Mr. GUTIERREZ, [2AU]
H.R. 3984--
A bill to amend the Internal Revenue Code of 1986 to provide for a child
tax credit and a deduction for taxpayers with whom a parent or
grandparent resides, and for other purposes; to the Committee on
Ways and Means.
By Mr. HUNTER, [2AU]
Cosponsors added, [17SE]
H.R. 3985--
A bill to authorize the construction of the Fall River Water Users
District Rural Water System and authorize the appropriation of
Federal dollars to assist the Fall River Water Users District, a
nonprofit corporation, in the planning and construction of the water
supply system; to the Committee on Resources.
By Mr. JOHNSON of South Dakota, [2AU]
H.R. 3986--
A bill to authorize the construction of the Perkins County Rural Water
System and authorize the appropriation of Federal dollars to assist
the Perkins County Rural Water System, Inc., a nonprofit
corporation, in the planning and construction of the water supply
system; to the Committee on Resources.
By Mr. JOHNSON of South Dakota, [2AU]
H.R. 3987--
A bill to establish an emergency Commission to end the trade deficit; to
the Committee on Ways and Means.
By Ms. KAPTUR, [2AU]
H.R. 3988--
A bill to provide for mandatory prison terms for possessing,
brandishing, or discharging a firearm or destructive device during a
Federal crime that is a crime of violence or a drug trafficking
crime; to the Committee on the Judiciary.
By Mrs. KELLY (for herself, Mr. Boehner, Mr. Clinger, Mr. Cunningham,
Mr. Hoekstra, Mr. Klug, Mr. Longley, Mr. Moorhead, Mr.
Sensenbrenner, Mr. Thomas, Mr. Weller, and Mr. Dickey), [2AU]
Cosponsors added, [25SE]
H.R. 3989--
A bill to amend the Small Business Act, and for other purposes; to the
Committee on Small Business.
By Mr. LaFALCE, [2AU]
H.R. 3990--
A bill to encourage the formation of private sector projects to promote
the development of women's business enterprises; to the Committee on
Small Business.
By Mr. LaFALCE (for himself, Mr. Flake, Mr. Meehan, Ms. Velazquez, Mr.
Bentsen, Mr. Baldacci, Mr. Jackson, Ms. Millender-McDonald, and Mr.
Blumenauer), [2AU]
H.R. 3991--
A bill to assure equitable treatment in health care coverage of
prescription drugs; to the Committees on Commerce; Ways and Means;
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. LOWEY, [2AU]
Cosponsors added, [25SE], [28SE]
H.R. 3992--
A bill to establish the National Commission on the Long-Term Solvency of
the Medicare Program; to the Committees on Ways and Means; Commerce;
Rules, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. McCARTHY (for herself, Mr. Luther, Ms. Rivers, Mr. Cardin, Mrs.
Kennelly, Mr. Ward, Mr. Fazio of California, Ms. Lofgren, Mr.
Kennedy of Rhode Island, Mr. Frost, Mr. Mascara, Mr. Pallone, Mr.
Dooley, Mr. Doyle, Mr. Durbin, Mr. Fattah, Mr. Jackson, Ms.
Millender-McDonald, Ms. Jackson-Lee, Mr. Cummings, and Mr.
Blumenauer), [2AU]
Cosponsors added, [28SE]
H.R. 3993--
A bill to allow depository institutions to offer negotiable order of
withdrawal accounts to all business, to repeal the prohibition on
the payment of interest on demand deposits, and for other purposes;
to the Committee on Banking and Financial Services.
By Mr. METCALF (for himself, Mr. McCollum, Mr. Gonzalez, Mr. Baker of
Louisiana, Mr. Lazio of New York, and Mr. Orton), [2AU]
H.R. 3994--
A bill to amend the Small Business Act to provide comprehensive and
structured business development assistance to emerging small
business concerns owned by economically disadvantaged individuals to
foster their entrepreneurial potential and marketplace success,
without relying on preferential award of Government contracts, and
for other purposes; to the Committee on Small Business.
By Mrs. Meyers of Kansas, [2AU]
H.R. 3995--
A bill to direct the Federal Trade Commission to impose civil monetary
penalties against persons disseminating false political
advertisements; to the Committee on Commerce.
By Mrs. MYRICK (for herself, Mr. Lipinski, and Mr. English of
Pennsylvania), [2AU]
H.R. 3996--
A bill to amend title 18, United States Code, to punish false statements
during debate on the floor of either House of Congress; to the
Committees on the Judiciary; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. MYRICK, [2AU]
Cosponsors added, [19SE]
H.R. 3997--
A bill to amend the Internal Revenue Code of 1986 to repeal the 1990 tax
increase on beer; to the Committee on Ways and Means.
By Mr. NEAL of Massachusetts (for himself and Mr. Matsui), [2AU]
H.R. 3998--
A bill to provide that individuals otherwise entitled to receive
payments from the Federal Government may specify that a portion of
those payments be used for deficit reduction; to the Committees on
Ways and Means; National Security; Veterans' Affairs; the Budget,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NETHERCUTT (for himself, Mr. Wicker, and Mr. Barrett of
Wisconsin), [2AU]
H.R. 3999--
A bill to ensure that the States have sufficient funds to assure the
effectiveness of the work requirements of the program of block
grants for temporary assistance for needy families, to provide such
funds through tax reforms, and for other purposes; to the Committees
on Ways and Means; Science, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. OBEY, [2AU]
H.R. 4000--
A bill to amend title 10, United States Code, to restore the provisions
of chapter 76 of that title, relating to missing persons as in
effect before the amendments made by the National Defense
Authorization Act for fiscal year 1997; to the Committee on National
Security.
By Mr. DORNAN (for himself, Mr. Gilman, Mr. Sam Johnson, Mr. Talent,
Mr. Allard, Mr. Archer, Mr. Armey, Mr. Bachus, Mr. Baker of
California, Mr. Baker of Louisiana, Mr. Ballenger, Mr. Barr, Mr.
Barrett of Nebraska, Mr. Bartlett of Maryland, Mr. Barton of Texas,
Mr. Bass, Mr. Bateman, Mr. Bereuter, Mr. Bilbray, Mr. Bilirakis, Mr.
Bliley, Mr. Blute, Mr. Boehlert, Mr. Boehner, Mr. Bonilla, Mr. Bono,
Mr. Brewster, Mr. Brownback, Mr. Bryant of Tennessee, Mr. Bunn of
Oregon, Mr. Bunning of Kentucky, Mr. Burr, Mr. Burton of Indiana,
Mr. Buyer, Mr. Callahan, Mr. Calvert, Mr. Camp, Mr. Canady, Mr.
Castle, Mr. Chabot, Mr. Chambliss, Mrs. Chenoweth, Mr. Christensen,
Mr. Chrysler, Mr. Clinger, Mr. Coble, Mr. Coburn, Mr. Collins of
Georgia, Mr. Combest, Mr. Condit, Mr. Cooley, Mr. Costello, Mr. Cox,
Mr. Campbell, Mr. Cramer, Mr. Crane, Mr. Crapo, Mr. Cremeans, Mrs.
Cubin, Mr. Cunningham, Mr. Davis, Mr. Deal of Georgia, Mr. DeLay,
Mr. Diaz-Balart, Mr. Dickey, Mr. Doolittle, Mr. Dreier, Mr. Duncan,
Ms. Dunn of Washington, Mr. Ehlers, Mr. Ehrlich, Mr. English of
Pennsylvania, Mr. Ensign, Mr. Everett, Mr. Ewing, Mr. Fawell, Mr.
Fields of Texas, Mr. Flanagan, Mr. Foley, Mr. Forbes, Mrs. Fowler,
Mr. Fox, Mr. Franks of New Jersey, Mr. Franks of Connecticut, Mr.
Frelinghuysen, Mr. Frisa, Mr. Funderburk, Mr. Gallegly, Mr. Ganske,
Mr. Gekas, Mr. Pete Geren of Texas, Mr. Gilchrest, Mr. Gillmor, Mr.
Goodlatte, Mr. Goodling, Mr. Goss, Mr. Graham, Ms. Greene
[[Page 2915]]
of Utah, Mr. Greenwood, Mr. Gunderson, Mr. Gutknecht, Mr. Hall of
Texas, Mr. Hancock, Mr. Hansen, Mr. Hastert, Mr. Hastings of
Washington, Mr. Hayes, Mr. Hayworth, Mr. Hefley, Mr. Heineman, Mr.
Herger, Mr. Hilleary, Mr. Hobson, Mr. Hoekstra, Mr. Hoke, Mr.
Holden, Mr. Horn, Mr. Houghton, Mr. Hostettler, Mr. Hunter, Mr.
Hutchinson, Mr. Hyde, Mr. Inglis of South Carolina, Mr. Istook, Mrs.
Johnson of Connecticut, Mr. Jones, Mr. Kasich, Mr. Kim, Mr. King,
Mr. Kingston, Mr. Klug, Mr. Knollenberg, Mr. Kolbe, Mr. LaHood, Mr.
LaTourette, Mr. Largent, Mr. Latham, Mr. Laughlin, Mr. Lazio of New
York, Mr. Leach, Mr. Lewis of California, Mr. Lewis of Kentucky, Mr.
Lightfoot, Mr. Linder, Mr. Livingston, Mr. LoBiondo, Mr. Longley,
Mr. Lucas, Mr. McCollum, Mr. McCrery, Mr. McDade, Mr. McHale, Mr.
McHugh, Mr. McInnis, Mr. McIntosh, Mr. McKeon, Mr. McNulty, Mr.
Martini, Mr. Manzullo, Mr. Metcalf, Mrs. Meyers of Kansas, Mr. Mica,
Mr. Miller of Florida, Mr. Minge, Ms. Molinari, Mr. Montgomery, Mr.
Moorhead, Mrs. Morella, Mr. Myers of Indiana, Mrs. Myrick, Mr.
Nethercutt, Mr. Neumann, Mr. Ney, Mr. Norwood, Mr. Nussle, Mr.
Oberstar, Mr. Oxley, Mr. Ortiz, Mr. Packard, Mr. Parker, Mr. Paxon,
Mr. Peterson of Minnesota, Mr. Petri, Mr. Pickett, Mr. Pombo, Mr.
Porter, Mr. Portman, Ms. Pryce, Mr. Quillen, Mr. Quinn, Mr.
Radanovich, Mr. Ramstad, Mr. Reed, Mr. Regula, Mr. Riggs, Mr.
Roberts, Mr. Rogers, Mr. Rohrabacher, Ms. Ros-Lehtinen, Mr. Roth,
Mrs. Roukema, Mr. Royce, Mr. Salmon, Mr. Sanders, Mr. Sanford, Mr.
Saxton, Mr. Scarborough, Mr. Schaefer, Mr. Schiff, Mrs. Seastrand,
Mr. Sensenbrenner, Mr. Shadegg, Mr. Shaw, Mr. Shays, Mr. Shuster,
Mr. Sisisky, Mr. Skeen, Mr. Skelton, Mr. Smith of New Jersey, Mr.
Smith of Texas, Mrs. Smith of Washington, Mr. Smith of Michigan, Mr.
Spence, Mr. Solomon, Mr. Souder, Mr. Stearns, Mr. Stockman, Mr.
Stump, Mr. Tate, Mr. Tauzin, Mr. Taylor of North Carolina, Mr.
Taylor of Mississippi, Mr. Tejeda, Mr. Thomas, Mr. Thornberry, Mrs.
Thurman, Mr. Tiahrt, Mr. Traficant, Mr. Torkildsen, Mr. Underwood,
Mr. Upton, Mrs. Vucanovich, Mr. Walker, Mr. Walsh, Mr. Wamp, Mr.
Watts of Oklahoma, Mr. Weldon of Pennsylvania, Mr. Weldon of
Florida, Mr. Weller, Mr. Whitfield, Mr. White, Mr. Wicker, Mr. Wolf,
Mr. Young of Alaska, Mr. Zeliff, and Mr. Zimmer), [2AU]
Cosponsors added, [11SE]
Reported with amendment (H. Rept. 104-806), [17SE]
Rules suspended. Passed House amended, [27SE]
H.R. 4001--
A bill to impose sanctions on the governments who violate the arms
embargo, participate in the exchange of weapons for resources, for
aiding and abetting the civil war in Liberia, and to bring to
justice Liberian war criminals; to the Committees on International
Relations; the Judiciary; Banking and Financial Services, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. PAYNE of New Jersey (for himself, Mr. Campbell, Mr. Flake, Mr.
Foglietta, Mr. Lewis of Georgia, Mr. Hastings of Florida, Mr. Owens,
and Ms. Norton), [2AU]
Cosponsors added, [19SE], [28SE]
H.R. 4002--
A bill to amend the Agricultural Market Transition Act to provide
equitable treatment for barley producers so that 1996 contract
payments to the producers are not reduced to a greater extent than
the average percentage reduction in contract payments for other
commodities, while maintaining the level of contract payments for
other commodities, and for other purposes; to the Committee on
Agriculture.
By Mr. POMEROY (for himself, Mr. Johnson of South Dakota, Mr.
Williams, and Mr. Peterson of Minnesota), [2AU]
H.R. 4003--
A bill to provide for the temporary suspension of duty on certain
plastic web sheeting; to the Committee on Ways and Means.
By Mr. RAMSTAD, [2AU]
H.R. 4004--
A bill to amend the Internal Revenue Code of 1986 to provide that no
loan may be made from a qualified employer plan using a credit card
or other intermediary and that loans from qualified employer plans
shall be taxed as a distribution unless the loan is used to purchase
a first home, to pay higher education or financially devastating
medical expenses, or during periods of unemployment; to the
Committee on Ways and Means.
By Mr. SCHUMER, [2AU]
H.R. 4005--
A bill to amend title I of the Employee Retirement Income Security Act
of 1974 and the Internal Revenue Code of 1986 to promote
availability of private pensions upon retirement; to the Committees
on Economic and Educational Opportunities; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. SCHUMER, [2AU]
H.R. 4006--
A bill to reform the coastwise, intercoastal, and noncontiguous trade
shipping laws, and for other purposes; to the Committees on
Transportation and Infrastructure; National Security, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SMITH of Michigan, [2AU]
Cosponsors added, [5SE], [19SE], [25SE]
H.R. 4007--
A bill to amend title 38, United States Code, to provide a presumption
of service connection for injuries classified as cold weather
injuries which occur in veterans who while engaged in military
operations had sustained exposure to cold weather; to the Committee
on Veterans' Affairs.
By Mr. SMITH of New Jersey, [2AU]
H.R. 4008--
A bill to prohibit health insurers and group health plans from
discriminating against individuals on the basis of genetic
information; to the Committees on Commerce; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. SOLOMON, [2AU]
H.R. 4009--
A bill to amend the Solid Waste Disposal Act to improve public
accountability and public safety in the management of hazardous
waste facilities; to the Committee on Commerce.
By Mr. SPRATT, [2AU]
H.R. 4010--
A bill to provide for the removal of abandoned vessels; to the Committee
on Transportation and Infrastructure.
By Mr. STARK, [2AU]
H.R. 4011--
A bill to amend title 5, United States Code, to provide that if a Member
of Congress is convicted of a felony, such Member shall not be
eligible for retirement benefits based on that individual's service
as a Member, and for other purposes; to the Committees on Government
Reform and Oversight; House Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. TATE (for himself, Mr. Horn, Mr. Miller of Florida, Mr.
Baldacci, Mrs. Kelly, Mr. Hayworth, Mr. Sanford, Mr. Coble, Mr.
Funderburk, Mr. Weldon of Florida, Mr. Metcalf, Mrs. Smith of
Washington, Mr. Brownback, Mr. Inglis of South Carolina, Mr. Coburn,
Mr. Barrett of Wisconsin, Mr. Hayes, Mr. Linder, Mr. Weller, Mr.
Christensen, Mr. Greenwood, Mr. McKeon, Mr. Taylor of North
Carolina, Mr. LoBiondo, Mr. Souder, Mrs. Meyers of Kansas, Mr.
Pomeroy, Mr. Ramstad, Mr. Lazio of New York, Mr. Reed, Mr. Fox, Mr.
Frelinghuysen, Mr. Foley, Mr. Bereuter, Mr. Porter, Mr. Goss, Mr.
McCollum, Mr. Klug, Ms. Rivers, Mr. Dornan, Mrs. Myrick, Mr.
Hoekstra, Mr. Shays, Mr. Bliley, Mr. Packard, Mr. Franks of New
Jersey, Mr. McIntosh, Mr. Neumann, Mr. Largent, Mr. Sensenbrenner,
Mr. Chrysler, Mr. Ensign, Mrs. Vucanovich, Mrs. Fowler, Mr. Johnson
of South Dakota, Mr. Canady, Mr. Watts of Oklahoma, Mrs. Seastrand,
and Mr. Hutchinson), [2AU]
Cosponsors added, [4SE], [11SE], [26SE]
Rules suspended. Passed House amended, [26SE]
H.R. 4012--
A bill to waive temporarily the Medicare enrollment composition rules
for the Wellness Plan; to the Committees on Commerce; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. UPTON (for himself, Mr. Dingell, Mr. Camp, Mr. Levin, and Mr.
Conyers), [2AU]
Reported (H. Rept. 104-845, part 1), [25SE]
Referral to the Committee on Ways and Means extended, [25SE], [2OC]
H.R. 4013--
A bill to amend section 2118 of the Energy Policy Act of 1992 to extend
the Electric and Magnetic Fields Research and Public Information
Dissemination Program; to the Committees on Commerce; Science, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. WALKER (for himself, Mr. Brown of California, Mr. Schiff, Mr.
Baker of California, Mr. Ehlers, Mr. Stockman, Mr. Hall of Texas,
Mr. Traficant, Mr. Tanner, Mr. Roemer, Mr. Cramer, Mr. Davis, and
Ms. Lofgren), [2AU]
H.R. 4014--
A bill to require the President to certify whether the commitments made
in the side agreements on the environment and on labor to the North
American Free-Trade Agreement are being met, and to remove certain
benefits from a country that is certified as not meeting those
commitments; to the Committees on Ways and Means; International
Relations; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. WELDON of Pennsylvania (for himself, Mr. Clay, Mr. Quinn, Mr.
McHugh, Mr. Stearns, Mr. Traficant, Mr. English of Pennsylvania, Mr.
Regula, Ms. Kaptur, and Mr. Goodling), [2AU]
Cosponsors added, [26SE]
H.R. 4015--
A bill to amend title II of the Social Security Act to provide that a
monthly insurance benefit thereunder shall be paid for the month in
which the recipient dies, subject to a reduction of 50 percent if
the recipient dies during the first 15 days of such month, and for
other purposes; to the Committee on Ways and Means.
By Mr. WYNN, [2AU]
H.R. 4016--
A bill to amend the Elementary and Secondary Education Act of 1965 to
provide funds to States to carry out drug and violence prevention
programs; to the Committee on Economic and Educational
Opportunities.
By Mr. ZELIFF, [2AU]
Cosponsors added, [27SE]
H.R. 4017--
A bill to amend the Americans with Disabilities Act of 1990 with respect
to safety-sensitive employment functions and individuals who have a
record or history of the habitual or regular use of illegal drugs or
of the abuse of alcohol, or of clinical alcoholism, and for other
purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. ZELIFF (for himself, Mr. Hastert, Mr. Burton of Indiana, Mr.
Souder, Mr. Barton of Texas, and Mr. Scarborough), [2AU]
H.R. 4018--
A bill to make technical corrections in the Federal Oil and Gas Royalty
Management Act of 1982; to the Committee on Resources.
By Mr. YOUNG of Alaska, [4SE]
Rules suspended. Passed House, [4SE]
Passed Senate, [9SE]
Presented to the President (September 11, 1996)
Approved [Public Law 104-200] (signed September 22, 1996)
[[Page 2916]]
H.R. 4019--
A bill to amend the Fair Housing Act, and for other purposes; to the
Committee on the Judiciary.
By Mr. BILBRAY, [4SE]
Cosponsors added, [17SE], [28SE]
H.R. 4020--
A bill to provide for the retention of the name of the mountain at the
Devils Tower National Monument in Wyoming known as ``Devils Tower'';
to the Committee on Resources.
By Mrs. CUBIN, [4SE]
H.R. 4021--
A bill to authorize the Secretary of the Army to convey certain real
properties of the Corps of Engineers in the State of Ohio to local
governments of the State of Ohio; to the Committee on Transportation
and Infrastructure.
By Mr. NEY (for himself and Mr. Traficant), [4SE]
H.R. 4022--
A bill to amend title XVIII of the Social Security Act to reduce the
Medicare payment for general overhead costs of transplant centers in
acquiring organs for transplant from organ procurement
organizations; to the Committee on Ways and Means.
By Mr. STARK, [4SE]
H.R. 4023--
A bill to amend act of October 21, 1970, establishing the Sleeping Bear
Dunes National Lakeshore to permit certain persons to continue to
use and occupy certain areas within the lakeshore, and for other
purposes; to the Committee on Resources.
By Mr. STUPAK (for himself, Mr. Knollenberg, Mr. Upton, Mr. Barcia of
Michigan, Ms. Rivers, Mr. Chrysler, Mr. Levin, Mr. Ehlers, Mr.
Hoekstra, and Mr. Dingell), [4SE]
H.R. 4024--
A bill to require approval of an application for compensation for the
death of Wallace B. Sawyer, Jr.; to the Committee on the Judiciary.
By Mr. DICKEY, [4SE]
H.R. 4025--
A bill for the relief of the estate of Gail E. Dobert; to the Committee
on the Judiciary.
By Mr. FORBES, [4SE]
Reported (H. Rept. 104-813), [20SE]
Passed over, [27SE]
H.R. 4026--
A bill to assist the State of New Hampshire in examining the historical
significance of the Berlin, NH, area; to the Committee on Resources.
By Mr. BASS, [5SE]
H.R. 4027--
A bill to amend the Food Stamp Act of 1977 to forbid recipients of food
stamp benefits to resell, or to barter, food acquired with such
benefits; to the Committee on Agriculture.
By Mr. FRANKS of New Jersey, [5SE]
Cosponsors added, [18SE], [25SE], [28SE]
H.R. 4028--
A bill to amend the Great Lakes Fish and Wildlife Restoration Act of
1990 to provide for implementation of recommendations of the U.S.
Fish and Wildlife Service contained in the Great Lakes Fishery
Restoration Study Report; to the Committee on Resources.
By Mr. LaTourette (for himself and Mr. Dingell), [5SE]
Cosponsors added, [24SE], [27SE]
H.R. 4029--
A bill to improve aviation security by requiring air carriers to install
certain explosive detection equipment at airports and to use
explosive resistant cargo containers on aircraft, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. NADLER, [5SE]
H.R. 4030--
A bill to terminate ocean dumping at the Mud Dump Site and other sites
within the New York Bight Apex off of the coast of New Jersey; to
the Committee on Transportation and Infrastructure.
By Mr. PALLONE (for himself and Mr. Torricelli), [5SE]
H.R. 4031--
A bill to provide that the provision of the Fair Labor Standards Act of
1938 on the accounting of tips in determining the wage of tipped
employees shall preempt any State or local provision precluding a
tip credit or requiring a tip credit less than the tip credit
provided under such act; to the Committee on Economic and
Educational Opportunities.
By Mr. RIGGS, [5SE]
Cosponsors added, [25SE], [28SE], [3OC]
H.R. 4032--
A bill to promote balance between natural resources, economic
development, and job retention in northwest California, and for
other purposes; to the Committees on Resources; Agriculture, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. RIGGS, [5SE]
H.R. 4033--
A bill to amend chapter 35 of title 44, United States Code, popularly
known as the Paperwork Reduction Act, to ensure that Federal
agencies give priority to reducing paperwork burdens on small
businesses having 50 or fewer employees; to the Committees on
Government Reform and Oversight; Small Business, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SANDERS, [5SE]
H.R. 4034--
A bill to terminate ocean dumping at the Mud Dump Site off the coast of
New Jersey; to the Committee on Transportation and Infrastructure.
By Mr. SAXTON (for himself, Mr. Gilchrest, Mr. LoBiondo, and Mr. Smith
of New Jersey), [5SE]
Cosponsors added, [16SE]
H.R. 4035--
A bill to rescind the consent of Congress to the Northeast Interstate
Dairy Compact; to the Committee on the Judiciary.
By Mr. SENSENBRENNER (for himself, Mr. Obey, Mr. Neumann, Mr. Klug,
Mr. Petri, Mr. Roth, Mr. Barrett of Wisconsin, Mr. Miller of
Florida, Mrs. Meyers of Kansas, Mr. Ramstad, Mr. Oberstar, Mr.
Peterson of Minnesota, Mr. Sabo, and Mr. Minge), [5SE]
Cosponsors added, [19SE]
H.R. 4036--
A bill to strengthen the protection of internationally recognized human
rights; to the Committees on International Relations; the Judiciary,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SMITH of New Jersey (for himself and Mr. Gilman), [5SE]
Cosponsors added, [17SE]
Rules suspended. Passed House amended, [25SE]
Passed Senate amended, [3OC]
House agreed to Senate amendments, [4OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-319] (signed October 19, 1996)
H.R. 4037--
A bill to impose certain sanctions on countries that do not prohibit
child labor; to the Committees on International Relations; Banking
and Financial Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. SMITH of New Jersey (for himself, Mr. Hyde, Mr. Lantos, Mr.
Moran, Mr. Kennedy of Massachusetts, Ms. Ros-Lehtinen, Mr. Miller of
California, and Mr. Faleomavaega), [5SE]
Cosponsors added, [17SE]
H.R. 4038--
A bill to approve a previously disapproved amendment to the Sentencing
Guidelines relating to criminal sentences for cocaine offenses; to
the Committee on the Judiciary.
By Ms. Waters, [9SE]
H.R. 4039--
A bill to make technical and clarifying amendments to recently enacted
provisions relating to titles II and XVI of the Social Security Act
and to provide for a temporary extension of demonstration project
authority in the Social Security Administration; to the Committee on
Ways and Means.
By Mr. BUNNING of Kentucky (for himself and Mr. Jacobs), [10SE]
Reported (H. Rept. 104-786), [16SE]
Rules suspended. Passed House amended, [17SE]
H.R. 4040--
A bill to amend title 49, United States Code, relating to intermodal
safe container transportation; to the Committee on Transportation
and Infrastructure.
By Mr. SHUSTER (for himself, Mr. Oberstar, Mr. Petri, and Mr. Rahall),
[10SE]
Reported (H. Rept. 104-794), [17SE]
Rules suspended. Passed House, [18SE]
H.R. 4041--
A bill to authorize the Secretary of Agriculture to convey a parcel of
unused agricultural land in Dos Palos, CA, to the Dos Palos Ag
Boosters for use as a farm school; to the Committee on Agriculture.
By Mr. CONDIT, [10SE]
Rules suspended. Passed House, [27SE]
H.R. 4042--
A bill to designate the U.S. courthouse located at 500 Pearl Street in
New York City, NY, as the ``Ted Weiss United States Courthouse''; to
the Committee on Transportation and Infrastructure.
By Mr. NADLER, [10SE]
Committee discharged. Passed House, [27SE]
H.R. 4043--
A bill to establish the Tallgrass Prairie National Preserve in the State
of Kansas, and for other purposes; to the Committee on Resources.
By Mr. ROBERTS, [10SE]
H.R. 4044--
A bill to encourage States to regulate the sale and use of certain
handguns, and to gather information on guns used in crimes; to the
Committee on the Judiciary.
By Mr. SCHUMER (for himself, Mr. Reed, Ms. Lofgren Mr. Ackerman, and
Mr. Hastings of Florida), [10SE]
H.R. 4045--
A bill to provide for parity in the treatment of mental illness; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STARK, [10SE]
Cosponsors added, [24SE]
H.R. 4046--
A bill to make emergency supplemental appropriations for fiscal year
1996 to provide relief from the damages caused by Hurricane Fran and
other natural disasters of 1996; to the Committee on Appropriations.
By Mrs. CLAYTON (for herself, Mr. Rose, Mr. Jones, Mr. Ballenger, Mr.
Funderburk, Mr. Heineman, Mr. Hefner, Mr. Watt of North Carolina,
Mr. Coble, Mr. Burr, Mr. Hoyer, Mr. Bliley, Mr. Davis, Mr. Payne of
Virginia, Mr. Sisisky, Mr. Wolf, Mr. Clyburn, Mr. Spratt, Mr. Wise,
Mr. Cummings, Mrs. Morella, and Mr. Wynn), [11SE]
Cosponsors added, [19SE], [24SE]
H.R. 4047--
A bill to amend title XVIII of the Social Security Act to provide
additional consumer protections for Medicare supplemental insurance;
to the Committee on Commerce.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Dingell, Mr.
Greenwood, Mr. Stark, Mr. Shaw, Mr. Cardin, Mr. Saxton, Mr. Pallone,
Mr. DeFazio, Mr. McDermott, Mr. Kleczka, Mr. Lewis of Georgia, Mr.
Matsui, Mr. Durbin, Mr. Rahall, Mr. Ackerman, Mr. Andrews, and Mr.
Hilliard), [11SE]
Cosponsors added, [19SE], [27SE], [28SE]
H.R. 4048--
A bill to enhance California's habitat, water quality, and water supply;
to the Committees on Transportation and Infrastructure; Resources,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BAKER of California (for himself, Mr. Riggs, Mrs. Seastrand,
Mr. Radanovich, Mr. Horn, Mr. Dreier, Mr. Kim, and Mr. Calvert),
[11SE]
H.R. 4049--
A bill to permit States to prohibit the disposal of solid waste imported
from other nations; to the Committee on Commerce.
By Mr. GILLMOR, [11SE]
H.R. 4050--
A bill to amend the Internal Revenue Code of 1986 to replace the current
individual and corporate income taxes, and the Social Security
[[Page 2917]]
and Medicare taxes, with a value-added tax; to the Committee on Ways
and Means.
By Mr. GIBBONS, [11SE]
H.R. 4051--
A bill to waive temporarily the Medicaid enrollment composition rule for
Managed Health Services of Wisconsin; to the Committee on Commerce.
By Mr. KLECZKA (for himself and Mr. Klug), [11SE]
H.R. 4052--
A bill to amend the Internal Revenue Code of 1986 to assure continued
health insurance coverage of retired workers; to the Committees on
Ways and Means; Economic and Educational Opportunities; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KLECZKA (for himself and Mr. Stark), [11SE]
Cosponsors added, [26SE], [28SE], [3OC]
H.R. 4053--
A bill to impose temporarily a 25-percent duty on imports of wheat
gluten and to require the administering authority to initiate an
investigation under title VII of the Tariff Act of 1930 with respect
to wheat gluten; to the Committee on Ways and Means.
By Mr. LaHOOD, [11SE]
H.R. 4054--
A bill to provide relief to agricultural producers who granted easements
to, or owned or operated land condemned by, the Secretary of the
Army for flooding losses caused by water retention at the dam site
at Lake Redrock, IA, to the extent that the actual losses exceed the
estimates of the Secretary, and for other purposes; to the Committee
on Transportation and Infrastructure.
By Mr. LIGHTFOOT, [11SE]
H.R. 4055--
A bill to require initial intake screenings and the use of youth
development specialists in Federal juvenile proceedings, and to
encourage States and local governments to use similar procedures; to
the Committees on the Judiciary; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Ms. LOFGREN, [11SE]
H.R. 4056--
A bill to amend the Immigration and Nationality Act to provide for less
restrictive standards for naturalization as a citizen of the United
States for certain categories of persons; to the Committee on the
Judiciary.
By Mrs. MINK of Hawaii, [11SE]
Cosponsors added, [18SE], [27SE]
H.R. 4057--
A bill to suspend temporarily the duty on the chemical DEMT; to the
Committee on Ways and Means.
By Mr. QUILLEN, [11SE]
H.R. 4058--
A bill to provide for parity for mental health benefits under group
health plans; to the Committees on Commerce; Economic and
Educational Opportunities; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. ROUKEMA (for herself, Mr. DeFazio, Mr. Wise, Mrs. Johnson of
Connecticut, Mrs. Morella, Ms. Norton, Ms. Kaptur, Mr. McCollum, Mr.
Kasich, and Mr. Hutchinson), [11SE]
Cosponsors added, [28SE]
H.R. 4059--
A bill to provide for the acquisition of certain property on Santa Cruz
Island; to the Committee on Resources.
By Mrs. SEASTRAND, [11SE]
H.R. 4060--
A bill to establish the Commission on the Future for America's Veterans;
to the Committees on Veterans' Affairs; Rules; National Security,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SOLOMON (for himself, Mr. Stump, Mr. Watts of Oklahoma, and Mr.
Longley), [11SE]
H.R. 4061--
A bill to provide for the establishment of uniform accounting systems,
standards, and reporting systems in the Federal Government, and for
other purposes; to the Committee on Government Reform and Oversight.
By Mr. TALENT, [11SE]
H.R. 4062--
A bill to authorize appropriations to reimburse States for costs of
educating certain illegal alien students; to the Committee on
Economic and Educational Opportunities.
By Mr. BILBRAY (for himself, Mr. Doolittle, Mr. Herger, Mr. Moorhead,
Mr. Riggs, Mr. Bono, Mr. Packard, Mr. McKeon, Mrs. Seastrand, Mr.
Hunter, Mr. Baker of California, Mr. Calvert, and Mr. Dreier),
[12SE]
H.R. 4063--
A bill to provide for adjustments to the conforming loan limits for the
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation and to the maximum mortgage limit for the
single family mortgage insurance program of the Department of
Housing and Urban Development that more accurately reflect the
changes in housing costs, and for other purposes; to the Committee
on Banking and Financial Services.
By Mr. LAZIO of New York (for himself and Mr. Baker of Louisiana),
[12SE]
H.R. 4064--
A bill to amend the Department of Housing and Urban Development Act to
provide for the Secretary of Housing and Urban Development to notify
and consult with the unit of general local government within which
an assisted multifamily housing project is to be located before
providing any low-income housing assistance for the project; to the
Committee on Banking and Financial Services.
By Mr. KLINK (for himself and Mr. Doyle), [12SE]
H.R. 4065--
A bill to require prior congressional approval before the President
supports the admission of the People's Republic of China into the
World Trade Organization, and to provide for the withdrawal of the
United States from the World Trade Organization if China is accepted
into the WTO without the support of the United States; to the
Committees on Ways and Means; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. GEPHARDT (for himself, Ms. Pelosi, Mr. Bonior, Mr. Brown of
Ohio, Mr. Pallone, Mr. Lipinski, Mr. Stark, Mr. Miller of
California, Mr. DeFazio, Ms. Kaptur, Mr. Lantos, Mr. Spratt, Mr.
Payne of New Jersey, Mr. Markey, and Mr. Lewis of Georgia), [12SE]
H.R. 4066--
A bill to direct the Secretary of the Navy to transfer the U.S.S.
Missouri (BB-63) to the U.S.S. Missouri Allied Forces Memorial, San
Francisco, CA; to the Committee on National Security.
By Mr. BAKER of California, [12SE]
H.R. 4067--
A bill to provide for representation of the Northern Mariana Islands by
a nonvoting Delegate in the House of Representatives; to the
Committee on Resources.
By Mr. GALLEGLY (for himself, Mr. Young of Alaska, Mr. Underwood, Mr.
Faleomavaega, and Mr. Kildee), [12SE]
Reported with amendment (H. Rept. 104-856), [27SE]
H.R. 4068--
A bill to establish a demonstration project to provide that the
Department of Veterans Affairs may receive Medicare reimbursement
for health care services provided to certain Medicare-eligible
veterans; to the Committees on Veterans' Affairs; Commerce; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STUMP (for himself, Mr. Montgomery, Mr. Spence, Mr. Evans, Mr.
Everett, Mr. Edwards, Mr. Buyer, Mr. Tejeda, and Mr. Hefley),
[12SE], [12SE]
H.R. 4069--
A bill to amend the Social Security Act to establish the teaching
hospital and graduate medical education trust fund, and for other
purposes; to the Committees on Ways and Means; Commerce, for a
period to be subsequently determined by the speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. BENTSEN, [12SE]
H.R. 4070--
A bill to designate the Federal building located in Cookeville, TN, as
the ``L. Clure Morton United States Post Office and Courthouse''; to
the Committee on Transportation and Infrastructure.
By Mr. GORDON (for himself, Mr. Bryant of Tennessee, Mr. Clement, Mr.
Duncan, Mr. Ford, Mr. Hilleary, Mr. Quillen, Mr. Tanner, and Mr.
Wamp), [12SE]
H.R. 4071--
A bill to amend the Small Business Act to assist the development of
small business concerns owned and controlled by women, and for other
purposes; to the Committee on Small Business.
By Mrs. JOHNSON of Connecticut, [12SE]
H.R. 4072--
A bill to amend the Internal Revenue Code of 1986 to provide that the
alternative minimum tax shall not apply to installment sales of farm
property; to the Committee on Ways and Means.
By Mr. NETHERCUTT (for himself, Mr. Roberts, and Mr. Hastings of
Washington), [12SE]
H.R. 4073--
A bill to authorize the National Park Service to coordinate programs
with, provide technical assistance to, and enter into cooperative
agreements with, the National Underground Railroad Freedom Center in
Cincinnati, OH, and for other purposes; to the Committee on
Resources.
By Mr. PORTMAN (for himself, Mr. Chabot, Mr. Stokes, Mr. Regula, Mr.
Jefferson, Mr. Cremeans, Mr. Bunning of Kentucky, Mr. Torricelli,
Mr. Hobson, Mr. LaTourette, Mr. Hoke, Mr. Kasich, Mr. Sawyer, Mr.
Hall of Ohio, Mr. Watts of Oklahoma, Mr. Boehner, Ms. Pryce, Mr.
Traficant, Mr. Ney, Mr. Oxley, Mr. Jacobs, Mr. Zimmer, Mr. Lipinski,
Mr. Evans, and Mr. Towns), [12SE]
Failed of passage under suspension of the rules, [27SE]
H.R. 4074--
A bill to require that jewelry imported from another country be
indelibly marked with the country of origin; to the Committee on
Ways and Means.
By Mr. REED, [12SE]
H.R. 4075--
A bill to amend the Internal Revenue Code of 1986 and title XVIII of the
Social Security Act to establish a program of assistance for
essential community providers of health care services, to establish
a program to update and maintain the infrastructure requirements of
safety net hospitals, and to require States to develop plans for the
allocation and review of expenditures for the capital-related costs
of health care services; to the Committees on Ways and Means;
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. STARK, [12SE]
H.R. 4076--
A bill to establish a commission to make recommendations on the
appropriate size of membership of the House of Representatives and
the method by which Representatives are elected; to the Committee on
the Judiciary.
By Mr. WILLIAMS, [12SE]
H.R. 4077--
A bill to clarify hunting prohibitions and provide for wildlife habitat
under the Migratory Bird Treaty Act; to the Committee on Resources.
By Mr. YOUNG of Alaska (for himself and Mr. Brewster), [12SE]
H.R. 4078--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Regent Rainbow; to
the Committee on Transportation and Infrastructure.
By Mr. TAUZIN, [12SE]
H.R. 4079--
A bill to reduce paperwork and additional regulatory burdens for
depository institutions; to the Committee on Banking and Financial
Services.
By Mr. LEACH (by request), [16SE]
H.R. 4080--
A bill to amend the Small Business Act to establish programs and
undertake efforts to assist
[[Page 2918]]
and promote the creation, development, and growth of small business
concerns owned and controlled by veterans of service in the Armed
Forces, and for other purposes; to the Committees on Small Business;
Veterans' Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. FILNER, [17SE]
H.R. 4081--
A bill to direct the Secretary of the department in which the Coast
Guard is operating to submit to the Congress a plan and cost
estimate for the engineering, design, and retrofitting of the
icebreaker Mackinaw; to the Committee on Transportation and
Infrastructure.
By Mr. OBERSTAR (for himself, Mr. Obey, Mr. Kildee, Mr. Dingell, Mr.
Visclosky, Mr. LaTourette, Mr. Hoke, Mr. LaFalce, Mr. Gutierrez, Mr.
Stupak, Ms. Kaptur, and Mr. Brown of Ohio), [17SE]
Cosponsors added, [25SE]
H.R. 4082--
A bill to direct the Secretary of Agriculture to conduct a pilot project
on designated lands within the Plumas, Lassen, and Tahoe National
Forests in the State of California to demonstrate the effectiveness
of the resource management activities proposed by the Quincy Library
Group and to amend current land and resource management plans for
these national forests to consider the incorporation of these
resource management activities; to the Committees on Resources;
Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. HERGER, [17SE]
Cosponsors added, [26SE]
H.R. 4083--
A bill to extend certain programs under the Energy Policy and
Conservation Act through September 30, 1997; to the Committee on
Commerce.
By Mr. SCHAEFER, [17SE]
Reported (H. Rept. 104-814), [20SE]
Rules suspended. Passed House, [24SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-306] (signed October 14, 1996)
H.R. 4084--
A bill to amend the Native American Graves Protection and Repatriation
Act to provide for Native Hawaiian organizations, and for other
purposes; to the Committee on Resources.
By Mr. ABERCROMBIE (for himself and Mr. Faleomavaega), [17SE]
H.R. 4085--
A bill to terminate the property disposition program of the Department
of Housing and Urban Development providing single family properties
for use for the homeless; to the Committee on Banking and Financial
Services.
By Mr. BAKER of Louisiana (for himself, Mr. Bachus, and Mr. Lazio of
New York), [17SE]
H.R. 4086--
A bill to authorize the extension of nondiscriminatory treatment (most-
favored-nation treatment) to the products of Mongolia; to the
Committee on Ways and Means.
By Mr. BEREUTER (for himself, Mr. Crane, Mr. Gibbons, and Mr. Berman),
[17SE]
H.R. 4087--
A bill to designate certain Federal lands in the Talladega National
Forest in the State of Alabama as the Dugger Mountain Wilderness; to
the Committees on Resources; Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BROWDER, [17SE]
H.R. 4088--
A bill to provide for the conveyance of certain property from the United
States to Stanislaus County, CA; to the Committee on Science.
By Mr. CONDIT, [17SE]
Rules suspended. Passed House amended, [28SE]
H.R. 4089--
A bill to amend title 31, United States Code, to provide that recently
enacted provisions requiring payment of Federal benefits in the form
of electronic funds transfers do not apply with respect to benefits
payable under the old-age, survivors, and disability insurance
program under title II of the Social Security Act; to the Committee
on Government Reform and Oversight.
By Mr. ENGLISH of Pennsylvania, [17SE]
H.R. 4090--
A bill to amend the Internal Revenue Code of 1986 to clarify the
application of the retail tax on heavy trucks and trailers; to the
Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania, [17SE]
Cosponsors added, [19SE], [27SE]
H.R. 4091--
A bill to amend title II of the Social Security Act to establish, for
purposes of disability determinations under such title, a uniform
minimum level of earnings, for demonstrating ability to engage in
substantial gainful activity, at the level currently applicable
solely to blind individuals; to the Committee on Ways and Means.
By Mr. ENGLISH of Pennsylvania, [17SE]
H.R. 4092--
A bill to prevent law enforcement agencies from stopping people on
highways because of their race or color; to the Committee on the
Judiciary.
By Mr. FOGLIETTA (for himself, Mrs. Clayton, Mr. Cummings, Mr. Fattah,
Mrs. Meek of Florida, Mr. Dellums, Mr. Oberstar, Mr. Owens, Mr.
Towns, Mr. Hilliard, Mr. Ackerman, Mr. Frost, Mr. Clyburn, Mr.
Barrett of Wisconsin, Mr. Evans, Mr. Faleomavaega, Mr. Johnston of
Florida, Mr. Torres, Ms. Waters, Ms. Norton, Ms. McKinney, Mr. Ford,
Ms. Eddie Bernice Johnson of Texas, Mr. Watt of North Carolina, Ms.
Brown of Florida, and Mr. Jackson), [17SE]
Cosponsors added, [2OC]
H.R. 4093--
A bill to require the Federal Aviation Administration to address the
aircraft noise problems of New Jersey and Staten Island, NY; to the
Committee on Transportation and Infrastructure.
By Mr. FRANKS of New Jersey (for himself, Ms. Molinari, Mr.
Frelinghuysen, and Mr. Martini), [17SE]
Cosponsors added, [28SE]
H.R. 4094--
A bill to amend title 31, United States Code, to provide for continuing
appropriations in the absence of regular appropriations; to the
Committee on Appropriations.
By Mr. GEKAS (for himself, Mr. Cox, Mr. Porter, Mr. Wolf, Mr. Davis,
Mrs. Morella, Mr. Gilchrest, Mr. Hayworth, Mr. Bereuter, Mr. Crapo,
Mr. Spence, Mr. Shadegg, Mr. Rohrabacher, Mr. Horn, Mr. Hansen, and
Mr. Ehlers), [17SE]
H.R. 4095--
A bill to protect the national information infrastructure, and for other
purposes; to the Committee on the Judiciary.
By Mr. GOODLATTE, [17SE]
H.R. 4096--
A bill to encourage and expedite the granting of membership in the North
Atlantic Treaty Organization to Romania, Slovakia, and Slovenia; to
the Committee on International Relations.
By Mr. HOKE., [17SE]
H.R. 4097--
A bill to amend title 18, United States Code, with respect to child
exploitation offenses; to the Committee on the Judiciary.
By Ms. LOFGREN, [17SE]
H.R. 4098--
A bill to enhance the administrative authority of the president of
Haskell Indian Nations University, and for other purposes; to the
Committees on Economic and Educational Opportunities; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. MEYERS of Kansas, [17SE]
H.R. 4099--
A bill to amend the Internal Revenue Code of 1986 to modify the
application of the pension nondiscrimination rules to governmental
plans; to the Committee on Ways and Means.
By Mr. PORTMAN (for himself, Mr. Cardin, Mr. Ensign, Mr. Matsui, Mr.
Hobson, and Mr. Pomeroy), [17SE]
H.R. 4100--
A bill to amend titles XVIII and XIX of the Social Security Act to
require hospitals participating in the Medicare or Medicaid Program
to provide notice of availability of Medicare and Medicaid providers
as part of discharge planning and to maintain and disclose
information on certain referrals; to the Committees on Commerce;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. STARK, [17SE]
Cosponsors added, [27SE]
H.R. 4101--
A bill to direct the Secretary of the department in which the Coast
Guard is operating to provide rescue diver training under the Coast
Guard helicopter rescue swimming training program; to the Committee
on Transportation and Infrastructure.
By Mr. STUDDS, [17SE]
H.R. 4102--
A bill to provide regulatory relief for certain farm transportation of
hazardous materials; to the Committee on Transportation and
Infrastructure.
By Mr. EWING (for himself, Mr. Buyer, Mr. Poshard, Mr. Barcia of
Michigan, Mr. Hastert, Mr. Latham, Mr. Manzullo, Mr. LaHood, Mr.
Ganske, Mr. Bereuter, Mr. Bunning of Kentucky, Mr. Gillmor, Mr.
Weller, Mr. McIntosh, Mr. Deal of Georgia, Mr. Lightfoot, Mr. Coble,
Mr. Boehner, Mr. Leach, Mr. Miller of Florida, Mr. Nethercutt, Mr.
Barrett of Nebraska, Mr. Peterson of Minnesota, Mr. Rose, Mr. Lucas,
Mr. Combest, Mr. McHugh, and Mr. Towns), [18SE]
Cosponsors added, [19SE], [25SE], [26SE], [28SE], [1OC]
H.R. 4103--
A bill to amend title 10, United States Code, to provide limited
authority for concurrent payment of retired pay and veterans'
disability compensation for certain disabled veterans; to the
Committees on National Security; Veterans' Affairs, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BILIRAKIS, [18SE]
H.R. 4104--
A bill to amend title 10, United States Code, to establish a sentence
under the Uniform Code of Military Justice of confinement for life
without eligibility for parole and to provide that a decision to
deny parole for a military offender serving a sentence of
confinement for life may be appealed only to the President; to the
Committee on National Security.
By Mr. BRYANT of Tennessee, [18SE]
H.R. 4105--
A bill to repeal the Goals 2000--Educate America Act to allow local
areas to develop elementary and secondary education programs that
meet their needs; to the Committee on Economic and Educational
Opportunities.
By Mr. GRAHAM (for himself, Mr. Funderburk, Mr. Kasich, Mr. Largent,
Mr. Sensenbrenner, Mr. Stockman, Mr. Miller of Florida, Mr. Talent,
Mr. Hayworth, Mr. Dornan, Mr. Scarborough, Mr. Barton of Texas, Mr.
Inglis of South Carolina, Mr. Rohrabacher, Mr. Hoke, Mr. Herger, Mr.
LaHood, Mr. Smith of Michigan, Mr. Istook, Mr. Barr, Mr. Shadegg,
Mr. Hilleary, Mr. Hostettler, Mr. Boehner, Mr. Forbes, Ms. Dunn of
Washington, Mr. Bryant of Tennessee, Mr. Chambliss, Mr. McIntosh,
Mr. Wicker, Mrs. Myrick, Mr. Radanovich, Mr. Solomon, Mr. Cooley,
Mr. Jones, Mr. Wamp, Mr. Chabot, Mr. Watts of Oklahoma, Mr. Sam
Johnson, Mr. Burton of Indiana, Mr. Norwood, Mr. Knollenberg, Mr.
Laughlin, Mr. Bartlett of Maryland, Mr. Hastert, Mr. Thornberry,
Mrs. Smith of Washington, Mr. McKeon, Mr. Taylor of North Carolina,
Mrs. Seastrand, Mr. Stump, and Mr. Deal of Georgia), [18SE]
Cosponsors added, [26SE], [2OC]
H.R. 4106--
A bill to amend the Internal Revenue Code of 1986 to provide that 0.5
cent of the general revenue portion of the highway motor fuel taxes
shall be deposited into an intercity passenger rail trust fund and
to deposit the remainder of such portion into the highway trust
fund; to the Committees on Ways and Means; Transportation and
Infrastructure, for a period to be subsequently
[[Page 2919]]
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. JOHNSON of Connecticut (for herself, Mr. Castle, Mr. Clinger,
Mr. Houghton, Mr. Serrano, Mr. Bachus, and Mr. Lewis of Georgia),
[18SE]
Cosponsors added, [27SE]
H.R. 4107--
A bill to direct the Administrator of the Environmental Protection
Agency to revise water quality criteria for ammonia, and for other
purposes; to the Committee on Transportation and Infrastructure.
By Mr. PETERSON of Minnesota, [18SE]
H.R. 4108--
A bill to authorize the sale of excess Department of Defense aircraft to
facilitate the suppression of wildfires; to the Committees on
Government Reform and Oversight; Agriculture; National Security, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. RICHARDSON (for himself, Mr. Schiff, Mr. Crapo, and Ms. Furse),
[18SE]
Cosponsors added, [30SE], [3OC]
H.R. 4109--
A bill to extend the authority for certain export programs, and for
other purposes; to the Committee on International Relations.
By Mr. ROTH, [18SE]
H.R. 4110--
A bill to amend the Internal Revenue Code of 1986 to require that group
health plans and insurers offer access to coverage for children and
to assist families in the purchase of such coverage; to the
Committee on Ways and Means.
By Mr. STARK, [18SE]
H.R. 4111--
A bill to provide educational assistance to the dependents of Federal
law enforcement officials who are killed or are permanently and
totally disabled in the line of duty; to the Committee on the
Judiciary.
By Mr. STUDDS (for himself, Mr. Fox, Mr. Moakley, Mr. Torkildsen, Mr.
Kennedy of Massachusetts, Mr. Frank of Massachusetts, Mr. Meehan,
Mr. Neal of Massachusetts, Mr. Markey, and Mr. Olver), [18SE]
Cosponsors added, [19SE]
H.R. 4112--
A bill to provide for the settlement of claims of Swain County, NC,
against the United States arising under the agreement entered into
on July 30, 1943, by the Tennessee Valley Authority, the State of
North Carolina, Swain County, NC, and the United States; to the
Committee on Resources.
By Mr. TAYLOR of North Carolina, [18SE]
H.R. 4113--
A bill to regulate the use by interactive computer services of
personally identifiable information provided by subscribers to such
services; to the Committee on Commerce.
By Mr. VENTO, [18SE]
Cosponsors added, [26SE], [30SE]
H.R. 4114--
A bill to improve and expand the system of safety of precautions that
protects the welfare of professional boxers, to assist State boxing
commissions to provide proper oversight for professional boxing, and
for other purposes; to the Committees on Economic and Educational
Opportunities; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. WILLIAMS (for himself and Mr. Oxley), [19SE]
H.R. 4115--
A bill to require the Director of the Federal Emergency Management
Agency to study the feasibility of a Residential Windstorm Insurance
Program designed to provide windstorm insurance to residential
property owners unable to obtain coverage in the private market and
to require a study by the Comptroller General of the United States,
the Secretary of the Treasury, and the Secretary of Commerce to
evaluate the public policy issues associated with conferring
favorable Federal tax treatment to insurance reserves set aside by
private insurers for future catastrophic natural disasters; to the
Committees on Transportation and Infrastructure; Banking and
Financial Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. FRAZER (for himself, Ms. McKinney, Mr. Owens, Mr. Lewis of
Georgia, Ms. Waters, Mr. Moran, Mr. Rush, Mr. LaFalce, Mrs. Clayton,
Mr. Faleomavaega, Ms. Brown of Florida, Mr. Gene Green of Texas, Mr.
Hinchey, Mr. Brown of Ohio, Mr. Hastings of Florida, Mr. Watt of
North Carolina, Mr. Serrano, Mr. Rangel, Ms. Kaptur, Mr. Ward, Mr.
Markey, Mr. Stupak, Mr. Wynn, Mr. Cummings, Mrs. Meek of Florida,
Ms. Jackson-Lee of Texas, and Mr. Jefferson), [19SE]
H.R. 4116--
A bill to provide for the issuance of a noncompetitive oil and gas lease
for certain lands; to the Committee on Resources.
By Mr. YOUNG of Alaska, [19SE]
H.R. 4117--
A bill to amend title VII of the Civil Rights Act of 1964 to establish
provisions with respect to religious accommodation in employment,
and for other purposes; to the Committee on Economic and Educational
Opportunities.
By Mr. NADLER (for himself, Mr. Schumer, Mr. Towns, Mrs. Maloney, and
Ms. Lofgren), [19SE]
Cosponsors added, [28SE], [30SE]
H.R. 4118--
A bill to amend the Antiquities Act to limit the authority of the
President to designate areas in excess of 5,000 acres as national
monuments, and for other purposes; to the Committee on Resources.
By Mr. HANSEN, [19SE]
H.R. 4119--
A bill to designate the Federal building and U.S. courthouse located at
475 Mulberry Street in Macon, GA, as the ``William Augustus Bootle
Federal Building and United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Mr. CHAMBLISS, [19SE]
Committee discharged. Passed House, [27SE]
H.R. 4120--
A bill to prohibit further extension or establishment of any national
monument in Idaho without full public participation and an express
act of Congress, and for other purposes; to the Committee on
Resources.
By Mrs. CHENOWETH (for herself and Mr. Crapo), [19SE]
Cosponsors added, [24SE]
H.R. 4121--
A bill to amend title 18, United States Code, to penalize those who
endanger children in hostage situations; to the Committee on the
Judiciary.
By Mr. FRANK of Massachusetts, [19SE]
H.R. 4122--
A bill to rescind restrictions on welfare and public benefits for legal
immigrants enacted by title 4 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, to reduce corporate
welfare, to strengthen tax provisions regarding persons who
relinquish U.S. citizenship, and for other purposes; to the
Committee on Ways and Means.
By Mr. GUTIERREZ (for himself, Mr. Evans, Mrs. Meek of Florida, Mr.
Filner, Mr. Dellums, Mr. Abercrombie, Ms. Norton, Mr. Serrano, Mr.
Conyers, Mr. Frank of Massachusetts, Mr. Hilliard, Ms. Waters, Mr.
Stark, Mr. Torres, Mr. Gonzalez, Mr. Pastor, Mr. Payne of New
Jersey, and Ms. Roybal-Allard), [19SE]
Cosponsors added, [27SE]
H.R. 4123--
A bill to amend certain provisions of law relating to child pornography,
and for other purposes; to the Committee on the Judiciary.
By Mr. KENNEDY of Massachusetts, [19SE]
H.R. 4124--
A bill to amend the Internal Revenue Code of 1986 to provide that the
denial of deduction for excessive employee compensation shall apply
to all employees and to expand the types of compensation to which
such denial applies; to the Committee on Ways and Means.
By Mr. KLINK (for himself, Mr. Murtha, Mr. Lewis of Georgia, Mr.
Barrett of Wisconsin, Mr. Owens, Mr. LaFalce, Mr. Hilliard, Mr.
Dellums, and Mr. Evans), [19SE]
Cosponsors added, [27SE], [28SE], [30SE]
H.R. 4125--
A bill to inform and empower consumers in the United States through a
voluntary labeling system for wearing apparel and sporting goods
made without abusive and exploitative child labor, and for other
purposes; to the Committee on Commerce.
By Mr. MILLER of California (for himself, Mr. Andrews, Mr. Baldacci,
Mr. Barrett of Wisconsin, Mr. Berman, Mr. Blumenauer, Mr. Bonior,
Mr. Borski, Mr. Brown of California, Mrs. Clayton, Mr. Conyers, Mr.
DeFazio, Mr. Dellums, Mr. Durbin, Mr. Evans, Mr. Faleomavaega, Mr.
Farr, Mr. Fattah, Mr. Filner, Mr. Foglietta, Mr. Frank of
Massachusetts, Mr. Frost, Mr. Gejdenson, Mr. Gephardt, Mr. Gene
Green of Texas, Mr. Gutierrez, Mr. Hefner, Mr. Hilliard, Ms. Eddie
Bernice Johnson of Texas, Ms. Kaptur, Mr. Kennedy of Massachusetts,
Mr. LaFalce, Mr. Lantos, Mr. Lewis of Georgia, Mr. Lipinski, Ms.
Lofgren, Mr. Manton, Mr. Markey, Mr. McDermott, Ms. McKinney, Mrs.
Mink of Hawaii, Mr. Moakley, Mr. Moran, Mr. Murtha, Mr. Obey, Mr.
Olver, Mr. Owens, Mr. Payne of New Jersey, Ms. Pelosi, Mr. Rangel,
Ms. Rivers, Ms. Roybal-Allard, Mr. Sawyer, Mrs. Schroeder, Mr.
Schumer, Mr. Serrano, Ms. Slaughter, Mr. Spratt, Mr. Torricelli, Mr.
Underwood, Mr. Vento, Mr. Watt of North Carolina, Ms. Woolsey, and
Mr. Yates), [19SE]
Cosponsors added, [30SE]
H.R. 4126--
A bill to support the California-Federal [CALFED] Bay-Delta Program in
developing, funding and implementing a balanced, long-term solution
to the problems of ecosystem quality, water quality, water supply,
and reliability, and system vulnerability affecting the San
Francisco Bay/Sacramento-San Joaquin Delta Watershed (the Bay-Delta)
in California; to the Committees on Transportation and
Infrastructure; Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BAKER of California (for himself, Mr. Fazio of California, Mr.
Radanovich, Mr. Dooley, Mr. Riggs, Mr. Matsui, Mrs. Seastrand, Mr.
Farr, Mr. Dreier, Mr. Filner, Mr. Kim, Mr. Miller of California, Mr.
Calvert, Ms. Harman, Mr. Bilbray, Ms. Lofgren, Mr. Gallegly, Mr.
Stark, Mr. Packard, Ms. Pelosi, Mr. McKeon, Ms. Eshoo, Mr. Horn, Mr.
Dixon, Mr. Thomas, Mr. Waxman, Mr. Cox, Mr. Condit, Mr. Rohrabacher,
Ms. Roybal-Allard, Mr. Cunningham, Mr. Dellums, Mr. Herger, Mr.
Brown of California, Mr. Lantos, Ms. Waters, Mr. Berman, Ms.
Woolsey, Mr. Martinez, and Ms. Millender-McDonald), [19SE]
Cosponsors added, [24SE], [25SE], [26SE]
H.R. 4127--
A bill for the relief of David R. W. Light; to the Committee on the
Judiciary.
By Mr. McNULTY, [19SE]
H.R. 4128--
A bill to amend title 23, United States Code, concerning eligibility for
grants to implement alcohol-impaired driving counter measures; to
the Committee on Transportation and Infrastructure.
By Mr. BLUMENAUER, [20SE]
H.R. 4129--
A bill to enforce the constitutional right to the free exercise of
religion; to the Committee on the Judiciary.
By Mr. HOKE, [20SE]
H.R. 4130--
A bill to enforce the constitutional right to the free exercise of
religion; to the Committees on the Judiciary; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. HOKE, [20SE]
H.R. 4131--
A bill to establish a commission to investigate exposure to chemical and
biological warfare agents as a result of the Persian Gulf conflict;
to the Committee on National Security.
By Mr. BROWDER, [23SE]
[[Page 2920]]
Cosponsors added, [24SE], [26SE], [28SE], [1OC]
H.R. 4132--
A bill to require that a portion of the amounts made available for
housing programs for the homeless be used for housing for homeless
veterans; to the Committee on Banking and Financial Services.
By Mr. METCALF, [23SE]
H.R. 4133--
A bill to designate the U.S. courthouse to be constructed at the corner
of Superior and Huron Roads, in Cleveland, OH, as the ``Carl B.
Stokes United States Courthouse''; to the Committee on
Transportation and Infrastructure.
By Mr. LaTOURETTE (for himself, Mr. Stokes, Mr. Gilchrest, Mr.
Traficant, Mr. Regula, Ms. Eddie Bernice Johnson of Texas, Mr.
Oberstar, and Mr. Mascara), [24SE]
Cosponsors added, [25SE], [26SE], [27SE]
Committee discharged. Passed House, [27SE]
H.R. 4134--
A bill to amend the Immigration and Nationality Act to authorize States
to deny public education benefits to aliens not lawfully present in
the United States who are not enrolled in public schools during the
period beginning September 1, 1996, and ending July 1, 1997; to the
Committees on the Judiciary; Economic and Educational Opportunities,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. GALLEGLY, [24SE]
Passed House, [25SE]
H.R. 4135--
A bill to amend the Internal Revenue Code of 1986 to fully implement the
Newborns' and Mothers' Health Protection Act of 1996 and the Mental
Health Parity Act of 1996; to the Committee on Ways and Means.
By Mr. THOMAS (for himself and Mr. Stark), [24SE]
H.R. 4136--
A bill to provide for a reduced rate of postage for certain mailings
that, under Federal or State law, are required to be made by local
governments; to the Committee on Government Reform and Oversight.
By Mr. McINTOSH (for himself, Mr. Condit, Mr. Goodlatte, and Mr.
Davis), [24SE]
H.R. 4137--
A bill to combat drug-facilitated crimes of violence, including sexual
assaults; to the Committees on the Judiciary; Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SOLOMON (for himself, Mr. McCollum, Ms. Molinari, Mr. Barr, Mr.
Heineman, Mr. Ackerman, Mr. Baker of Louisiana, Mr. Bilbray, Mr.
Blute, Mr. Christensen, Mr. Clyburn, Ms. Dunn of Washington, Mrs.
Fowler, Mr. Franks of Connecticut, Mr. Gallegly, Mr. Green of Texas,
Mr. Johnston of Florida, Mrs. Kelly, Mr. McIntosh, Mr. McKeon, Mr.
Nethercutt, Mr. Oxley, Ms. Pryce, Mrs. Seastrand, Mr. Shaw, Ms.
Slaughter, Mrs. Vucanovich, Mr. Walsh, Mr. Watts of Oklahoma, Mr.
Weller, and Mr. Payne of New Jersey), [24SE]
Cosponsors added, [25SE]
Rules suspended. Passed House, [26SE]
Passed Senate amended, [3OC]
House agreed to Senate amendment, [4OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-305] (signed October 13, 1996)
H.R. 4138--
A bill to authorize the hydrogen research, development, and
demonstration programs of the Department of Energy, and for other
purposes; to the Committee on Science.
By Mr. WALKER (for himself and Mr. Brown of California), [24SE]
Rules suspended. Passed House, [26SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-271] (signed October 9, 1996)
H.R. 4139--
A bill to reauthorize and amend the Atlantic Striped Bass Conservation
Act and the Anadromous Fish Conservation Act; to the Committee on
Resources.
By Mr. SAXTON, [24SE]
Rules suspended. Passed House, [27SE]
H.R. 4140--
A bill to establish a National Center for Rural Law Enforcement, and for
other purposes; to the Committee on the Judiciary.
By Mr. BALDACCI, [24SE]
H.R. 4141--
A bill to ensure that purchasers of single family residential properties
owned by the Department of Housing and Urban Development are
notified of the penalties authorized for intentionally
misrepresenting the purchaser's intent to occupy the properties
after purchase and that purchasers indicating an intent to use such
properties as their principal residences use the properties in such
manner; to the Committee on Banking and Financial Services.
By Mr. BARRETT of Wisconsin, [24SE]
H.R. 4142--
A bill to amend the Congressional Budget Act of 1974; to the Committees
on the Budget; Government Reform and Oversight; Rules, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BARTON of Texas (for himself and Mr. Stenholm), [24SE]
Cosponsors added, [30SE]
H.R. 4143--
A bill to amend the Immigration and Nationality Act to waive the English
language and civics requirements for naturalization for persons who
are over 65 and have resided legally in the United States for at
least 20 years; to the Committee on the Judiciary.
By Mr. BLUTE, [24SE]
H.R. 4144--
A bill to protect and enhance sportsmen's opportunities and enhance
wildlife conservation; to the Committees on Resources;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BREWSTER (for himself, Mr. Young of Alaska, Mr. Pete Geren of
Texas, Mr. Chambliss, and Mr. Cunningham), [24SE]
H.R. 4145--
A bill to amend the Forest and Rangeland Renewable Resources Planning
Act of 1974 and related laws to strengthen the protection of native
biodiversity and ban clearcutting on Federal lands, and to designate
certain Federal lands as Northwest Ancient Forests, roadless areas,
and special areas where logging and other intrusive activities are
prohibited; to the Committees on Agriculture; Resources; National
Security, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BRYANT of Texas (for himself, Mrs. Maloney, Mr. Clay, Ms.
Eshoo, Mr. Yates, Mrs. Lowey, Mr. Torricelli, Mr. Lewis of Georgia,
Mr. Moran, Ms. Velazquez, Mr. Lantos, Mr. Berman, Mr. Franks of New
Jersey, Mr. Filner, Mr. Stark, Mr. Hinchey, Mr. Farr, Mr. Dellums,
Mr. Evans, Mr. Gutierrez, Mr. Serrano, Ms. Woolsey, Mr. Porter, Mr.
Andrews, Mr. Brown of California, Mr. Beilenson, and Mr. Nadler),
[24SE]
Cosponsors added, [25SE], [26SE], [27SE], [30SE], [1OC], [3OC], [4OC]
H.R. 4146--
A bill to provide for the collection of certain information, in the next
decennial census of population, relating to individuals who
regularly provide care to a family member who is unable to care for
himself or herself due to age or continuing physical or mental
condition or impairment; to the Committee on Government Reform and
Oversight.
By Mr. CANADY, [24SE]
H.R. 4147--
A bill to prohibit further extension or establishment of any national
monument without an express act of Congress; to the Committee on
Resources.
By Mrs. CHENOWETH (for herself, Mr. Crapo, Mr. Doolittle, and Mr.
Cooley), [24SE]
H.R. 4148--
A bill to require the Secretary of the Treasury to mint coins in
commemoration of the 50th anniversary of the breaking of the color
barrier in major league baseball by Jackie Robinson; to the
Committee on Banking and Financial Services.
By Mr. FRANKS of New Jersey (for himself and Mr. Flake), [24SE]
Cosponsors added, [25SE], [26SE], [27SE], [1OC], [3OC]
Cosponsors removed, [28SE]
H.R. 4149--
A bill to clarify Federal law with respect to assisted suicide, and for
other purposes; to the Committees on Commerce; Ways and Mean; the
Judiciary; Economic and Educational Opportunities; Government Reform
and Oversight; Resources; International Resources, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HALL of Texas (for himself, Mr. Allard, Mr. Baker of
California, Mr. Ballenger, Mr. Barcia of Michigan, Mr. Barr, Mr.
Bartlett of Maryland, Mr. Barton of Texas, Mr. Bonilla, Mr. Boehner,
Mr. Brownback, Mr. Bryant of Tennessee, Mr. Bunn of Oregon, Mr.
Bunning of Kentucky, Mr. Burr, Mr. Camp, Mr. Canady, Mr. Chabot,
Mrs. Chenoweth, Mr. Clinger, Mr. Coble, Mr. Coburn, Mr. Collins of
Georgia, Mr. Cooley, Mr. Cremeans, Mr. Cunningham, Mr. Deal of
Georgia, Mr. Dickey, Mr. Doolittle, Mr. Dornan, Mr. Doyle, Mr.
Duncan, Ms. Dunn of Washington, Mr. English of Pennsylvania, Mr.
Frisa, Mr. Funderburk, Mr. Goodlatte, Mr. Graham, Ms. Greene of
Utah, Mr. Hastings of Washington, Mr. Hayes, Mr. Hayworth, Mr.
Hilleary, Mr. Hoke, Mr. Holden, Mr. Hostettler, Mr. Hoekstra, Mr.
Hunter, Mr. Hutchinson, Mr. Hyde, Mr. Inglis of South Carolina, Mr.
Istook, Mr. King, Mr. Kasich, Mr. Kingston, Mr. Knollenberg, Mr.
LaHood, Mr. Largent, Mr. Latham, Mr. Lewis of Kentucky, Mr. Linder,
Mr. Lipinski, Mr. Livingston, Mr. McHugh, Mr. Manton, Mr. Manzullo,
Mr. Mascara, Mr. Mica, Mr. Moorhead, Mr. Myers of Indiana, Mrs.
Myrick, Mr. Ney, Mr. Norwood, Mr. Oberstar, Mr. Orton, Mr. Packard,
Mr. Parker, Mr. Peterson of Minnesota, Mr. Petri, Mr. Poshard, Mr.
Quinn, Mr. Rahall, Mr. Roberts, Mr. Scarborough, Mr. Schiff, Mrs.
Seastrand, Mr. Sensenbrenner, Mr. Skelton, Mr. Smith of New Jersey,
Mr. Smith of Texas, Mrs. Smith of Washington, Mr. Solomon, Mr.
Souder, Mr. Stearns, Mr. Stenholm, Mr. Stockman, Mr. Stump, Mr.
Stupak, Mr. Talent, Mr. Taylor of North Carolina, Mr. Taylor of
Mississippi, Mr. Tiahrt, Mr. Volkmer, Mrs. Vucanovich, Mr. Wamp, Mr.
Watts of Oklahoma, Mr. Weldon of Pennsylvania, Mr. Weldon of
Florida, Mr. Wicker, Mr. Wolf, Mr. Montgomery, Mr. Condit, Mr.
Sisisky, Mr. Cramer, Mr. Clement, Mr. DeLay, Mr. Brewster, Mr.
Frost, and Mr. de la Garza), [24SE]
Cosponsors added, [28SE]
H.R. 4150--
A bill to suspend temporarily the duty on certain industrial nylon
fabrics; to the Committee on Ways and Means.
By Mr. HEFLEY, [24SE]
H.R. 4151--
A bill to establish a National Indian Bonding Authority Pilot Project to
oversee the issuance of bonds to provide funding for the
construction of schools of the Bureau of Indian Affairs of the
Department of the Interior, and for other purposes; to the Committee
on Economic and Educational Opportunities.
By Mr. JOHNSON of South Dakota (for himself, Mr. Faleomavaega, Mr.
Kildee, Mr. Miller of California, and Mr. Richardson), [24SE]
H.R. 4152--
A bill to designate the Federal building located at 100 Alabama Street
NW, in Atlanta, GA, as the ``Sam Nunn Federal Center''; to the
Committee on Transportation and Infrastructure.
By Mr. LEWIS of Georgia, [24SE]
H.R. 4153--
A bill to extend health insurance and survivor annuity benefits to
certain former spouses of Federal employees who would otherwise be
ineligible for those benefits; to the Committee on Government Reform
and Oversight.
By Mrs. MORELLA (for herself and Mr. Jones), [24SE]
[[Page 2921]]
H.R. 4154--
A bill to amend the Internal Revenue Code 1986 to make the dependent
care credit refundable, and for other purposes; to the Committee on
Ways and Means.
By Mrs. MORELLA, [24SE]
H.R. 4155--
A bill to amend the Internal Revenue Code of 1986 to provide for
individuals who are residents of the District of Columbia a maximum
rate of tax of 15 percent on income from sources within the District
of Columbia; to the Committee on Ways and Means.
By Ms. NORTON, [24SE]
H.R. 4156--
A bill to provide for special immigrant status for certain aliens
working as journalists in Hong Kong; to the Committee on the
Judiciary.
By Mr. PORTER, [24SE]
H.R. 4157--
A bill to amend the Internal Revenue Code of 1986 to provide that the
conducting of certain games of chance shall not be treated as an
unrelated trade or business; to the Committee on Ways and Means.
By Mr. RAMSTAD (for himself, Mr. Gutknecht, Mr. Luther, Mr. Minge, Mr.
Oberstar, Mr. Peterson of Minnesota, Mr. Sabo, and Mr. Vento),
[24SE]
H.R. 4158--
A bill to exclude certain general service wages and hours associated
with a separate skilled nursing facility owned by certain hospitals
in determining a hospital's eligibility for continued geographic
reclassification under the Medicare Program; to the Committee on
Ways and Means.
By. Mr. RAMSTAD (for himself and Mr. Minge), [24SE]
H.R. 4159--
A bill to amend title 17, United States Code, to protect vessel hull
designs against unauthorized duplication, and for other purposes; to
the Committee on the Judiciary.
By Mr. SAXTON (for himself, Mr. Bonior, Mr. Shaw, Mr. Zimmer, Mr.
Smith of New Jersey, Mr. Jones, Mr. Petri, Mr. Brewster, Mr.
Neumann, Mr. Oberstar, Mr. Clement, Mr. Bilirakis, Mr. Deutsch, Mr.
Torricelli, Mr. Pallone, Mr. Ballenger, Mr. LoBiondo, and Mr. Franks
of New Jersey), [24SE]
Cosponsors added, [25SE], [26SE], [30SE]
H.R. 4160--
A bill to amend titles XVIII and XIX of the Social Security Act to
require Medicare and Medicaid health plans to provide for
orientation and medical profiles for enrollees and to require
Medicaid health plans to assure appropriate immunizations for
children; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. STARK, [24SE]
H.R. 4161--
A bill to provide for a role models academy demonstration program; to
the Committee on Economic and Educational Opportunities.
By Mr. STEARNS (for himself and Mr. Montgomery), [24SE]
H.R. 4162--
A bill to amend the Employee Retirement Income Security Act of 1974 to
provide continued participation under a defined benefit plan to
employees who are terminated from employment within 7 years of
attaining normal retirement age under the plan; to the Committee on
Economic and Educational Opportunities.
By Mr. TORRICELLI, [24SE]
Cosponsors added, [30SE]
H.R. 4163--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and on the Great Lakes and their
tributary and connecting waters in trade with Canada for the vessel
Medrx III; to the Committee on Transportation and Infrastructure.
By Mr. YOUNG of Florida, [24SE]
H.R. 4164--
A bill to provide for the extension of certain authority for the Marshal
of the Supreme Court and the Supreme Court Police; to the Committee
on the Judiciary.
By Mr. HYDE, [25SE]
Rules suspended. Passed House, [27SE]
Laid on the table (S. 2100 passed in lieu), [27SE]
H.R. 4165--
A bill to provide for certain changes with respect to requirements for a
Canadian boater landing permit pursuant to section 235 of the
Immigration and Nationality Act; to the Committee on the Judiciary.
By Mr. HOKE (for himself and Mr. Traficant), [25SE]
Rules suspended. Passed House amended, [28SE]
H.R. 4166--
A bill to amend the Fair Labor Standards Act of 1938 to provide for
legal accountability for sweatshop conditions in the garment
industry, and for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. CLAY (for himself, Ms. Velazquez, Mr. Miller of California, Mr.
Kildee, Mr. Williams, Mr. Martinez, Mr. Owens, Mr. Payne of New
Jersey, Mrs. Mink of Hawaii, Mr. Andrews, Mr. Becerra, Mr. Scott,
Mr. Green of Texas, Ms. Woolsey, Mr. Fattah, Mr. Abercrombie, Mr.
Berman, Mr. Bonior, Mr. Brown of California, Mr. Brown of Ohio, Mrs.
Clayton, Mr. Conyers, Mr. Dellums, Mr. Dixon, Mr. Engel, Mr. Evans,
Mr. Foglietta, Mr. Gonzalez, Mr. Gutierrez, Mr. Hastings of Florida,
Mr. Hilliard, Mr. Hinchey, Mr. Holden, Mr. Jackson, Mr. Kanjorski,
Mr. Lantos, Mr. Levin, Mr. Lipinski, Ms. Lofgren, Mr. Manton, Mr.
Mascara, Mr. Moakley, Mr. Moran, Mr. Olver, Mr. Rahall, Mr. Rangel,
Ms. Roybal-Allard, Mr. Serrano, Mr. Thompson, Mr. Torres, Mr. Vento,
Mr. Wise, Mr. Wynn, and Mr. Yates), [25SE]
Cosponsors added, [27SE]
H.R. 4167--
A bill to provide for the safety of journeyman boxers, and for other
purposes; to the Committees on Economic and Educational
Opportunities; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. WILLIAMS (for himself, Mr. Oxley, and Mr. Manton), [25SE]
Rules suspended. Passed House, [25SE]
Passed Senate, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-272] (signed October 9, 1996)
H.R. 4168--
A bill to amend the Helium Act to authorize the Secretary to enter into
agreements with private parties for the recovery and disposal of
helium on Federal lands, and for other purposes; to the Committee on
Resources.
By Mr. COX, [25SE]
Rules suspended. Passed House, [26SE]
Passed Senate, [28SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-273] (signed October 9, 1996)
H.R. 4169--
A bill to amend the Internal Revenue Code of 1986 to provide that all
computer software shall be depreciable over 24 months; to the
Committee on Ways and Means.
By Mr. BAKER of California (for himself, Mr. White, and Mr. Campbell),
[25SE]
H.R. 4170--
A bill to provide a sentence of death for certain importations of
significant quantities of controlled substances; to the Committees
on the Judiciary; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. GINGRICH, [25SE]
Cosponsors added, [26SE], [27SE], [2OC]
H.R. 4171--
A bill to amend the National Forest Foundation Act to extend and
increase the matching funds authorization for the Foundation, to
provide additional administrative support to the Foundation, to
authorize the use of investment income, and to permit the Foundation
to license the use of trademarks, tradenames, and other such devices
to advertise that a person is an official sponsor or supporter of
the Forest Service or the National Forest System; to the Committee
on Agriculture.
By Mr. BAKER of Louisiana, [25SE]
H.R. 4172--
A bill to amend the Fair Labor Standards Act of 1938 to provide an
exemption from the overtime requirements of that act for law
enforcement employees while at a police academy or other training
facility pursuant to an agreement between the public agency
employing such employee and representatives of such employee; to the
Committee on Economic and Educational Opportunities.
By Mr. CONDIT (for himself, Mr. Cunningham, Mr. McKeon, Mr. Riggs, Mr.
Fazio of California, Ms. Lofgren, and Mr. Campbell), [25SE]
H.R. 4173--
A bill to amend title 38, United States Code, to improve benefits for
veterans exposed to ionizing radiation; to the Committee on
Veterans' Affairs.
By Mr. EVANS (for himself and Mr. Filner), [25SE]
H.R. 4174--
A bill to establish the Fallen Timbers Battlefield, Fort Meigs, and Fort
Miamis National Historical Site in the State of Ohio; to the
Committee on Resources.
By Ms. KAPTUR, [25SE]
Cosponsors added, [27SE]
H.R. 4175--
A bill to require the Secretary of Education to investigate the
feasibility of establishing a National Environmental Science and
Policy Academy; to the Committees on Science; Economic and
Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. LAZIO of New York, [25SE]
H.R. 4176--
A bill to amend the Internal Revenue Code of 1986 to allow certain
employees without employer-provided health coverage a refundable
credit for their health insurance costs; to the Committee on Ways
and Means.
By Mr. McDERMOTT (for himself, Mr. Gibbons, Mr. Rangel, Mr. Stark, Mr.
Coyne, and Mr. Neal of Massachusetts), [25SE]
H.R. 4177--
A bill to extend the deadline under the Federal Power Act applicable to
the construction of the AuSable Hydroelectric Project in New York,
and for other purposes; to the Committee on Commerce.
By Mr. McHUGH, [25SE]
H.R. 4178--
A bill to establish peer review for the review of standards promulgated
under the Occupational Safety and Health Act of 1970; to the
Committee on Economic and Educational Opportunities.
By Mr. McINNIS, [25SE]
Cosponsors added, [28SE]
H.R. 4179--
A bill to provide that members of the Armed Forces who performed
services for the peacekeeping efforts in Somalia shall be entitled
to tax benefits in the same manner as if such services were
performed in a combat zone, and for other purposes; to the Committee
on Ways and Means.
By Mr. McINNIS, [25SE]
H.R. 4180--
A bill to provide schools throughout the country with the capability to
use new technology to its fullest potential; to the Committee on
Economic and Educational Opportunities.
By Mr. MOAKLEY, [25SE]
H.R. 4181--
A bill to provide for increased mandatory minimum sentences for
criminals possessing firearms, and for other purposes; to the
Committee on the Judiciary.
By Mrs. MYRICK, [25SE]
H.R. 4182--
A bill to enhance competition in the financial services sector and merge
the commercial bank and savings association charters; to the
Committees on Banking and Financial Services; Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. ROUKEMA (for herself, Mr. McCollum, Mr. Vento, Mr. Dreier, Ms.
Furse, Mr. Flake, Mr. King, Mr. Bono, and Ms. McKinney), [25SE]
H.R. 4183--
A bill to amend the Federal Election Campaign Act of 1971 to require the
disclosure of the identity of persons paying the expenses associated
with the polls conducted by telephone during cam
[[Page 2922]]
paigns for election for Federal office, and for other purposes; to
the Committees on House Oversight; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mrs. SMITH of Washington, [25SE]
Cosponsors added, [27SE]
H.R. 4184--
A bill to suspend temporarily the duty on certain chemicals; to the
Committee on Ways and Means.
By Mr. SPRATT, [25SE]
H.R. 4185--
A bill to amend title XVIII of the Social Security Act to pay for
parenteral nutrients provided as part of renal dialysis services as
part of payment for renal dialysis services under the Medicare
Program; to the Committees on Commerce; Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STARK, [25SE]
H.R. 4186--
A bill to designate the United States border station located in Pharr,
TX, as the ``Kika de la Garza United States Border Station''; to the
Committee on Transportation and Infrastructure.
By Mr. TRAFICANT, [25SE]
H.R. 4187--
A bill to amend the National Trails System Act to designate the Lincoln
National Historic Trail as a component of the National Trails
System; to the Committee on Resources.
By Mr. WELLER, [25SE]
H.R. 4188--
A bill to authorize the construction of the Fort Peck Reservation Rural
Water System, Montana, and for other purposes; to the Committee on
Resources.
By Mr. WILLIAMS, [25SE]
H.R. 4189--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of vancomycin home parenteral therapy under the Medicare
Program; to the Committees on Commerce; Ways and Means, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STARK, [25SE]
H.R. 4190--
A bill to amend title XVIII of the Social Security Act to provide for
coverage of outpatient parenteral antimicrobial therapy under the
Medicare Program; to the Committees on Ways and Means; Commerce, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. STARK, [25SE]
H.R. 4191--
A bill to require the Secretary of Health and Human Services to conduct
a study of the effect on payments under Medicare where certain
inpatient services are replaced by outpatient services; to the
Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STARK, [25SE]
H.R. 4192--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Spirit of the
Pacific Northwest; to the Committee on Transportation and
Infrastructure.
By Mr. TAUZIN, [25SE]
H.R. 4193--
A bill to amend title 18, United States Code, to provide that witnesses
in grand jury proceedings have the presence and advice of counsel
during that witness' testimony; to the Committee on the Judiciary.
By Ms. GREENE of Utah, [26SE]
H.R. 4194--
A bill to reauthorize alternative means of dispute resolution in the
Federal administrative process, and for other purposes; to the
Committee on the Judiciary.
By Mr. HYDE (for himself, Mr. Gekas, and Mr. Reed), [26SE]
Rules suspended. Passed House, [27SE]
Passed Senate amended, [30SE]
House agreed to Senate amendment, [4OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-320] (signed October 19, 1996)
H.R. 4195--
A bill to designate a U.S. Post Office in Brewer, ME, as the ``General
Joshua Lawrence Chamberlain Post Office''; to the Committee on
Government Reform and Oversight.
By Mr. BALDACCI, [26SE]
H.R. 4196--
A bill to amend the Public Health Service Act to establish the National
Institute of Biomedical Imaging; to the Committee on Commerce.
By Mr. BURR (for himself, Mr. Greenwood, Mr. Flake, Mr. Brown of Ohio,
Mr. Borski, Mr. Coble, Mr. Heineman, Mr. Taylor of North Carolina,
Mr. Payne of Virginia, Mr. Chapman, and Mr. Smith of Texas), [26SE]
Cosponsors added, [30SE]
H.R. 4197--
A bill to amend the Internal Revenue Code of 1986 to permit States to
make advance payments of the earned income credit; to the Committee
on Ways and Means.
By Mr. CAMP, [26SE]
H.R. 4198--
A bill to authorize a new trade and investment policy for sub-Saharan
Africa; to the Committees on International Relations; Ways and
Means; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. CRANE (for himself, Mr. Rangel, and Mr. McDermott), [26SE]
H.R. 4199--
A bill to amend the Act entitled ``An Act to provide for the
establishment of the Everglades National Park in the State of
Florida and for other purposes,'' approved May 30, 1934, to clarify
certain rights of the Miccosukee Tribe of Indians of Florida; to the
Committee on Resources.
By Mr. HASTINGS of Florida (for himself, Mrs. Meek of Florida, Mr.
Diaz-Balart, and Mr. Miller of Florida), [26SE]
H.R. 4200--
A bill to amend the Internal Revenue Code of 1986 to encourage the
cleanup of contaminated brownfield sites; to the Committee on Ways
and Means.
By Mrs. JOHNSON of Connecticut, [26SE]
H.R. 4201--
A bill to amend the Internal Revenue Code of 1986 to encourage qualified
conservation contributions by individuals of capital gain property;
to the Committee on Ways and Means.
By Mrs. JOHNSON of Connecticut, [26SE]
H.R. 4202--
A bill to amend section 6901 of title 31, United States Code, to provide
for certain lands taken into trust for Indian Tribes to be included
in the definition of entitlement land; to the Committee on
Resources.
By Mr. JOHNSON of South Dakota, [26SE]
H.R. 4203--
A bill to require the Secretary of the Treasury to mint and issue coins
in commemoration of the centennial anniversary of the first manned
flight of Orville and Wilbur Wright in Kitty Hawk, NC, on December
17, 1903; to the Committee on Banking and Financial Services.
By Mr. JONES, [26SE]
H.R. 4204--
A bill to amend the Internal Revenue Code of 1986 to provide
comprehensive pension protection for women; to the Committees on
Ways and Means; Economic and Educational Opportunities;
Transportation and Infrastructure; Government Reform and Oversight,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. KENNELLY (for herself, Mrs. Meek of Florida, Mrs. Maloney, Ms.
McKinney, Ms. DeLauro, Miss Collins of Michigan, Ms. Furse, Ms.
Kaptur, Ms. Slaughter, Ms. Brown of Florida, Ms. Eddie Bernice
Johnson of Texas, Ms. Pelosi, Mrs. Lowey, Ms. Norton, and Ms.
Roybal-Allard), [26SE]
Cosponsors added, [1OC]
H.R. 4205--
A bill to amend title 49, United States Code, concerning employment
standards for airport security personnel; to the Committee on
Transportation and Infrastructure.
By Mr. KING, [26SE]
H.R. 4206--
A bill to amend the Internal Revenue Code of 1986 to provide that the
amount of the aviation excise taxes for any fiscal year shall equal
the expenditures from the Airport and Airway Trust Fund for the
prior fiscal year, and for other purposes; to the Committees on Ways
and Means; the Budget; Government Reform and Oversight;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. LIGHTFOOT, [26SE]
H.R. 4207--
A bill to amend the Higher Education Act of 1965 to protect the speech
and association rights of students attending institutions of higher
education; to the Committee on Economic and Educational
Opportunities.
By Mr. LIVINGSTON, [26SE]
H.R. 4208--
A bill to amend title 18, United States Code, to regulate the
manufacture, importation, and sale of any projectile that may be
used in a handgun and is capable of penetrating police body armor,
and to prohibit persons convicted of a crime involving domestic
violence from owning or possessing firearms, and for other purposes;
to the Committee on the Judiciary.
By Ms. LOFGREN, [26SE]
H.R. 4209--
A bill to amend the National Voter Registration Act of 1993 to require
each individual registering to vote in elections for Federal office
to provide the individual's Social Security number and to permit a
State to remove a registrant who fails to vote in two consecutive
general elections for Federal office from the official list of
eligible voters in elections for Federal office on the ground that
the registrant has changed residence, if the registrant fails to
respond to written notices requesting confirmation of the
registrant's residence; to the Committee on House Oversight.
By Mr. McCOLLUM, [26SE]
H.R. 4210--
A bill to amend the Immigration and Nationality Act to permit certain
aliens who are at least 55 years of age to obtain a 4-year
nonimmigrant visitor's visa; to the Committee on the Judiciary.
By Mr. McCOLLUM, [26SE]
H.R. 4211--
A bill to direct the Secretary of the Army to conduct a study of
mitigation banks, and for other purposes; to the Committee on
Transportation and Infrastructure.
By Mr. McCOLLUM, [26SE]
H.R. 4212--
A bill to suspend temporarily the duty on certain materials used in the
manufacture of skis and snowboards; to the Committee on Ways and
Means.
By Mr. McDERMOTT, [26SE]
H.R. 4213--
A bill to require the Secretary of the Interior to exchange certain
lands located in Hinsdale, CO; to the Committee on Resources.
By Mr. McINNIS (for himself and Mr. Thornberry), [26SE]
H.R. 4214--
A bill to amend the Antiquities Act to provide for the congressional
approval of the establishment of national monuments, and for other
purposes; to the Committees on Resources; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. ORTON, [26SE]
H.R. 4215--
A bill to provide for the establishment and maintenance of personal
Social Security investment accounts for all Americans under the
Social Security system; to the Committees on Ways and Means;
Government Reform and Oversight; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of
[[Page 2923]]
such provisions as fall within the jurisdiction of the committee
concerned.
By Mr. PETRI, [26SE]
H.R. 4216--
A bill to require that jewelry boxes imported from another country be
indelibly marked with the country of origin; to the Committee on
Ways and Means.
By Mr. REED, [26SE]
H.R. 4217--
A bill to promote safer motherhood through improved surveillance and
research on pregnancy outcomes through health professional and
public education regarding pregnancy-related morbidity and
mortality, through increased public education concerning folic acid
supplements, through requiring health plan coverage of minimum
hospital stays for childbirth, and through establishment of quality
standards for facilities performing ultrasound procedures; to the
Committees on Commerce; Economic and Educational Opportunities, for
a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mrs. SCHROEDER (for herself, Mr. Dingell, Ms. McKinney, Mrs. Lowey,
Mrs. Clayton, Ms. Norton, and Mrs. Meek of Florida), [26SE]
Cosponsors added, [27SE]
H.R. 4218--
A bill to increase penalties and strengthen enforcement of environmental
crimes, and for other purposes; to the Committees on the Judiciary;
Commerce; Agriculture; Transportation and Infrastructure; Resources,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SCHUMER (for himself, Mr. Reed, Mr. Pallone, and Mr. Miller of
California), [26SE]
H.R. 4219--
A bill to amend title 11 of the United States Code to make
nondischargeable debts for overpayments received under title XVIII
or XIX of the Social Security Act, and to except from automatic stay
exclusion from program participation under the Social Security Act;
to the Committee on the Judiciary.
By Mr. STARK, [26SE]
H.R. 4220--
A bill to amend the Internal Revenue Code of 1986 and titles XVIII and
XIX of the Social Security Act to ensure access to services and
prevent fraud and abuse for enrollees of managed care plans, to
amend standards for Medicare supplemental policies, to modify the
Medicare select program, and to provide other protections for
beneficiaries of health plans generally, and for other purposes; to
the Committees on Ways and Means; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. STARK, [26SE]
H.R. 4221--
A bill to amend the tort claims procedures in title 28, United States
Code, to allow a member of a uniformed service to bring an action
for personal injury against a health care professional in a
uniformed service, with the exception of injuries received during a
declared state of war; to the Committee on the Judiciary.
By Mr. STOCKMAN, [26SE]
H.R. 4222--
A bill to amend the Internal Revenue Code of 1986 to allow individuals a
credit against income tax for tuition and related expenses for
nonpublic elementary and secondary education; to the Committee on
Ways and Means.
By Mr. STOCKMAN, [26SE]
H.R. 4223--
A bill to designate the U.S. post office located at 125 West South
Street, Indianapolis, IN, as the ``Andrew Jacobs, Jr., United States
Post Office''; to the Committee on Government Reform and Oversight.
By Mr. TRAFICANT (for himself and Mr. Visclosky), [26SE]
H.R. 4224--
A bill to provide for a three-judge division of the court to determine
whether cases alleging breach of secret Government contracts should
be tried in court; to the Committee on the Judiciary.
By Mr. TRAFICANT (for himself and Mr. Dornan), [26SE]
H.R. 4225--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and fisheries for the vessel Hey,
Da!; to the Committee on Transportation and Infrastructure.
By Mr. BASS (by request), [26SE]
H.R. 4226--
A bill to require approval of an application for compensation for the
injuries of Eugene Hasenfus; to the Committee on the Judiciary.
By Mr. ROTH, [26SE]
H.R. 4227--
A bill to temporarily waive the enrollment composition rule under the
Medicaid Program for certain health maintenance organizations; to
the Committee on Commerce.
By Mrs. THURMAN (for herself, Mr. Fowler, Mr. Deutsch, and Mr.
Bilirakis), [26SE]
H.R. 4228--
A bill to provide a process leading to full self-government for Puerto
Rico; to the Committee on Resources.
By Mr. YOUNG of Alaska, [27SE]
H.R. 4229--
A bill to amend title XVIII of the Social Security Act to provide for
prospective payment for home health services under the Medicare
Program, and for other purposes; to the Committees on Ways and
Means; Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mrs. JOHNSON of Connecticut, [27SE]
H.R. 4230--
A bill to amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to make improvements in the rehabilitation
programs provided for disabled individuals under such Act, and for
other purposes; to the Committee on Ways and Means.
By Mr. BUNNING of Kentucky (for himself, Mr. Jacobs, Mr. Gibbons, Mr.
Crane, Mr. Thomas, Mr. Shaw, Mrs. Johnson of Connecticut, Mr. Camp,
Mr. Sam Johnson, Mr. Collins of Georgia, Mr. Portman, Mr. Laughlin,
Mr. English of Pennsylvania, Mr. Christensen, and Ms. Dunn of
Washington), [27SE]
H.R. 4231--
A bill to amend the Internal Revenue Code of 1986 to provide an
exemption from tax for gain on sale of a principal residence; to the
Committee on Ways and Means.
By Mr. ORTON (for himself and Mr. Gibbons), [27SE]
H.R. 4232--
A bill to designate the U.S. post office building located at 251 West
Lancaster Street in Fort Worth, TX, as the ``Jim Wright Post Office
Building''; to the Committee on Government Reform and Oversight.
By Mr. PETE GEREN of Texas, [27SE]
H.R. 4233--
A bill to provide for appropriate implementation of the Metric
Conversion Act of 1975 in Federal construction projects, and for
other purposes; to the Committee on Science.
By Mr. COX (for himself, Mr. Walker, Mrs. Morella, and Mr. Hastert),
[27SE]
Rules suspended. Passed House, [28SE]
H.R. 4234--
A bill to require reporting on toxic chemicals, to protect children's
health, and for other purposes; to the Committee on Commerce.
By Mr. PALLONE (for himself, Mr. Andrews, Mr. Torricelli, and Mr.
Markey), [27SE]
H.R. 4235--
A bill to amend the Fair Housing Act to prevent certain abuses; to the
Committee on the Judiciary.
By Mr. FOX, [27SE]
H.R. 4236--
A bill to provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes; to
the Committee on Resources.
By Mr. YOUNG of Alaska, [27SE]
Rules suspended. Passed House amended, [28SE]
Passed Senate, [3OC]
Presented to the President (November 5, 1996)
Approved [Public Law 104-333] (signed November 12, 1996)
H.R. 4237--
A bill to amend the Employee Retirement Income Security Act of 1974 with
respect to rules governing litigation contesting termination or
substantial reduction of retiree health benefits, to require a
preponderance of evidence for termination or substantial reduction
of retiree health benefits, and to allow court to use extrinsic
evidence in determining the intent of a plan; to the Committee on
Economic and Educational Opportunities.
By Mr. BARRETT of Wisconsin, [27SE]
H.R. 4238--
A bill to amend the Internal Revenue Code of 1986 to enhance tax
incentives for charitable contributions, and for other purposes; to
the Committees on Ways and Means; Economic and Educational
Opportunities; Transportation and Infrastructure; Commerce; the
Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. BOEHNER, [27SE]
H.R. 4239--
A bill to provide for the licensing of commercial space reentry vehicles
and reentry sites, and for other purposes; to the Committee on
Science.
By Mr. BROWN of California, [27SE]
H.R. 4240--
A bill to amend the Tariff Act of 1930 with respect to the marking of
golf clubs and golf club components; to the Committee on Ways and
Means.
By Mr. CUNNINGHAM, [27SE]
H.R. 4241--
A bill to amend the National Parks and Recreation Act of 1978 to
designate the Marjory Stoneman Douglas Wilderness, to amend the
Everglades National Park Protection and Expansion Act of 1989 to
designate the Earnest F. Coe Visitor Center, and for other purposes;
to the Committee on Resources.
By Mr. DEUTSCH (for himself and Mr. Gross), [27SE]
H.R. 4242--
A bill to amend the act commonly known as the Antiquities Act to limit
further extension or establishment of national monuments in
California; to the Committee on Resources.
By Mr. DOOLITTLE (for himself, Mr. Herger, Mrs. Seastrand, Mr. Pombo,
Mr. Calvert, Mr. Packard, Mr. Dornan, Mr. Cunningham, Mrs.
Chenoweth, and Mr. Cooley), [27SE]
H.R. 4243--
A bill to amend the Internal Revenue Code of 1986 to permit certain tax
free corporate liquidations into a 501(c)(3) organization and to
revise the unrelated business income tax rules regarding receipt of
debt-financed property in such a liquidation; to the Committee on
Ways and Means.
By Ms. DUNN of Washington (for herself, Ms. Furse, Mr. Bunn of Oregon,
and Mr. Blumenauer), [27SE]
H.R. 4244--
A bill to require the Secretary of Health and Human Services to waive
the 3-day prior hospitalization requirement for coverage of skilled
nursing facility services in the case of individuals classified
within certain diagnosis-related groups; to the Committee on Ways
and Means.
By Mr. DURBIN (for himself and Mr. Ensign), [27SE]
H.R. 4245--
A bill to restrict the access of youth to tobacco products, and for
other purposes; to the Committee on Commerce.
By Mr. FOX, [27SE]
H.R. 4246--
A bill to require a study by the U.S. Sentencing Commission of
sentencing for drug offenses where domestic violence has been found
to occur; to the Committee on the Judiciary.
By Mr. FOX, [27SE]
H.R. 4247--
A bill to amend the National Labor Relations Act to require the National
Labor Relations Board to resolve unfair labor practice complaints in
a timely manner; to the Committee on Economic and Educational
Opportunities.
By Mr. GOODLING, [27SE]
H.R. 4248--
A bill to amend title XVIII of the Social Security Act to provide for
coverage under part B of the Medicare Program of certain antibiotics
that are parenterally administered in a home setting; to the
Committees on Commerce; Ways and Means,
[[Page 2924]]
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. GREENE of Utah, [27SE]
H.R. 4249--
A bill to amend and strengthen the Animal Welfare Act; to the Committee
on Agriculture.
By Mr. GUNDERSON, [27SE]
H.R. 4250--
A bill to amend title XIX of the Social Security Act to permit a State
the option of covering community-based attendant services under the
Medicaid Program; to the Committee on Commerce.
By Mr. GUNDERSON (for himself and Mr. Gingrich), [27SE]
H.R. 4251--
A bill to amend the Internal Revenue Code of 1986 to exempt certain
small businesses from the required use of the electronic fund
transfer system for depository taxes, and for other purposes; to the
Committee on Ways and Means.
By Mr. HASTINGS of Washington, [27SE]
H.R. 4252--
A bill to establish labor provision and tax provisions for small-
business concerns; to the Committees on Economic and Educational
Opportunities; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. HEFLEY, [27SE]
H.R. 4253--
A bill to enhance the financial security of children by providing for
contributions by the Federal Government to child retirement
accounts; to the Committee on Ways and Means.
By Mr. HOUGHTON (for himself and Mrs. Kennelly), [27SE]
H.R. 4254--
A bill to amend the Community Services Block Grant Act with respect to
the composition of the boards of community action agencies, and of
nonprofit private organizations, that receive funds under such act;
to the Committee on Economic and Educational Opportunities.
By KLECZKA, [27SE]
H.R. 4255--
A bill to encourage the States to streamline the adoption process and
make their adoption laws more uniform; to the Committee on Ways and
Means.
By KLINK, [27SE]
H.R. 4256--
A bill to amend the Internal Revenue Code of 1986 to provide for the
abatement of interest on deficiencies attributable to certain
partnership items; to the Committee on Ways and Means.
By LAUGHLIN, [27SE]
H.R. 4257--
A bill to amend the Public Health Service Act to provide a one-stop
shopping information service for individuals with serious or life-
threatening diseases; to the Committee on Commerce.
By LAZIO of New York, [27SE]
H.R. 4258--
A bill to establish the U.S. Immigration Court; to the Committee on the
Judiciary.
By McCOLLUM, [27SE]
H.R. 4259--
A bill to amend the Higher Education Act of 1965 to authorize
Presidential Honors Scholarships to be awarded to all secondary
school students in the top 5 percent of their graduating class, to
promote and recognize high academic achievement in secondary
schools, and for other purposes; to the Committee on Economic and
Educational Opportunities.
By Mr. McHALE (for himself, Mr. Bonior, Mr. Murtha, Mr. Kildee, Mr.
Fazio of California, Mr. Evans, Mr. Green of Texas, Ms. Woolsey, Mr.
Romero-Barcelo, Mr. Holden, Mr. Tejeda, Mr. Andrews, and Ms.
Harman), [27SE]
H.R. 4260--
A bill to require uniform appraisals of certain leaseholds of restricted
Indian lands, and for other purposes; to the Committee on Resources.
By Mr. METCALF, [27SE]
H.R. 4261--
A bill to require the Director of the U.S. Fish and Wildlife Service to
expedite issuance of and implement a contingency plan for responding
to red tide events involving Florida Manatees, and to authorize the
Director to make grants for research and evaluation of potential
methods of therapeutic intervention for manatees intoxicated by red
tide brevetoxins; to the Committee on Resources.
By Mr. MILLER of Florida (for himself, Mrs. Meek of Florida, and Mr.
Goss), [27SE]
H.R. 4262--
A bill to save lives and prevent injuries to children in motor vehicles
through improved national, State, and local child passenger
protection programs; to the Committee on Transportation and
Infrastructure.
By Mrs. MORELLA, [27SE]
Cosponsors added, [28SE]
H.R. 4263--
A bill to reinstate the emergency unemployment compensation program; to
the Committees on Ways and Means; Transportation and Infrastructure;
the Budget, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. MURTHA, [27SE]
H.R. 4264--
A bill to amend title XVIII of the Social Security Act to improve
Medicare treatment and education for beneficiaries with diabetes by
providing coverage of diabetes outpatient self-management training
services and uniform coverage of blood-testing strips for
individuals with diabetes; to the Committees on Commerce; Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. NETHERCUTT (for himself, Mr. Weldon of Pennsylvania, Mr.
Gingrich, Mr. Watts of Oklahoma, Mr. Bonilla, and Mr. Bilirakis),
[27SE]
Cosponsors added, [28SE]
H.R. 4265--
A bill to apply the Buy American Act to articles, materials, and
supplies for use outside the United States; to the Committee on
Government Reform and Oversight.
By Mr. NEUMANN (for himself and Ms. Kaptur), [27SE]
H.R. 4266--
A bill to amend the Fair Labor Standards Act of 1938 to prescribe a
salary base for an exemption of an employee from the wage
requirements of such act, and for other purposes; to the Committee
on Economic and Educational Opportunities.
By Mr. PETRI, [27SE]
H.R. 4267--
A bill to amend the Federal Election Campaign Act of 1971 to require
certain disclosure and reports relating to polling by telephone or
electronic device, and for other purposes; to the Committees on
House Oversight; Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. PETRI, [27SE]
H.R. 4268--
A bill to provide for a project to demonstrate the application of
telemedicine and medical informatics to improving the quality and
cost-effectiveness in the delivery of health care services under the
Medicare Program and other health programs; to the Committees on
Commerce; Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. RANGEL (for himself and Mr. Houghton), [27SE]
H.R. 4269--
A bill to relieve the Puerto Rico Housing Bank and Finance Agency and
its assignees of liability for certain loans subject to the Truth-
in-Lending Act; to the Committee on Banking and Financial Services.
By Mr. ROMERO-BARCELO, [27SE]
H.R. 4270--
A bill to require reporting on research and development expenditures for
drugs approved for marketing, and for other purposes; to the
Committee on Commerce.
By Mr. SANDERS, [27SE]
H.R. 4271--
A bill to amend title XVIII of the Social Security Act to continue full-
time-equivalent resident reimbursement for an additional 1 year
under Medicare for direct graduate medical education for residents
enrolled in combined approved primary care medical residency
training programs; to the Committees on Ways and Means; Commerce,
for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. SLAUGHTER, [27SE]
H.R. 4272--
A bill to amend the Solid Waste Disposal Act to improve public
accountability and public safety in the management of hazardous
waste facilities; to the Committee on Commerce.
By Mr. SPRATT, [27SE]
H.R. 4273--
A bill to provide for the liquidation or reliquidation of certain
entries of pharmaceutical grade phospholipids; to the Committee on
Ways and Means.
By Mr. JONES, [27SE]
H.R. 4274--
A bill to require the Commissioner of Social Security and the Secretary
of the Treasury to develop and implement measures to eliminate and
prevent mismatching of earnings information maintained by the Social
Security Administration and the Internal Revenue Service resulting
in underpayment of Social Security benefits; to the Committee on
Ways and Means.
By Mr. BROWN of California (for himself, Mr. DeFazio, Mr. Sanders, Mr.
Dellums, Mr. Miller of California, and Mr. Evans), [28SE]
Cosponsors added, [2OC]
H.R. 4275--
A bill to provide funding for the nutrition education and training
program authorized under the Child Nutrition Act of 1966, and for
other purposes; to the Committees on Economic and Educational
Opportunities; Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. GOODLING (for himself, Mr. Roberts, and Mr. Miller of
California), [28SE]
H.R. 4276--
A bill to amend the Commodity Exchange Act to provide a conditional
exemption for certain transactions involving professional markets,
to clarify the effect of the designation of a board of trade as a
contract market, to simplify the process for the making effective of
contract market rules, to regulate audit trail requirements, to
establish cost-benefit analysis requirements, and to combat fraud in
transactions in or involving foreign currency, and for other
purposes; to the Committee on Agriculture.
By Mr. EWING, [28SE]
H.R. 4277--
A bill to amend the Federal Food, Drug, and Cosmetic Act to allow for
additional deferred effective dates for approval of applications
under the new drugs provisions, and for other purposes; to the
Committees on Commerce.
By Mr. GREENWOOD (for himself, Mr. Waxman, Mr. Burr, Mr. Towns, Mr.
Klug, Mr. Franks of New Jersey, and Mr. Hall of Texas), [28SE]
H.R. 4278--
A bill making omnibus consolidated appropriations for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. LIVINGSTON, [28SE]
Passed House, [28SE]
Passed Senate, [30SE]
Indefinitely postponed (see H.R. 3610 for further action), [30SE]
H.R. 4279--
A bill to direct the Secretary of Transportation to determine the
feasibility of placing bar codes on passenger motor vehicles to
facilitate the tracing of stolen vehicles, and for other purposes;
to the Committee on Commerce.
By Mr. ACKERMAN, [28SE]
H.R. 4280--
A bill to amend title 44, United States Code, to establish the Joint
Committee on Information, and for other purposes; to the Committees
on House Oversight; Government Reform and Oversight; Rules, for a
period to be subsequently determined by the Speaker, in each case
for consideration
[[Page 2925]]
of such provisions as fall within the jurisdiction of the committee
concerned.
By Mr. THOMAS, [28SE]
H.R. 4281--
A bill to provide a process leading to full self-government for Puerto
Rico; to the Committees on Resources; Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. YOUNG of Alaska (for himself, Mr. Burton of Indiana, and Mr.
Gallegly), [28SE]
H.R. 4282--
A bill to amend the National Defense Authorization Act for fiscal year
1993 to make a technical correction relating to the provision of
Department of Defense Assistance to local educational agencies; to
the Committees on Economic and Educational Opportunities; National
Security, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BATEMAN, [28SE]
Committees discharged. Passed House, [28SE]
H.R. 4283--
A bill to provide for ballast water management to prevent the
introduction and spread of nonindigenous species into the waters of
the United States, and for other purposes; to the Committees on
Transportation and Infrastructure; Resources, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. LaTOURETTE, [28SE]
Committees discharged. Passed House, [28SE]
Passed Senate, [3OC]
Presented to the President (October 18, 1996)
Approved [Public Law 104-332] (signed October 26, 1996)
H.R. 4284--
A bill to prohibit certain abortions; to the Committee on Commerce.
By Mr. HOYER (for himself, Mr. Edwards, Mr. Abercrombie, Mrs. Thurman,
Mr. Sawyer, Mr. Wynn, Mr. Bentsen, Ms. McCarthy, Mr. Dooley, Mr.
Hinchey, Mr. Dicks, Mr. Cummings, Mr. Frost, Mr. Scott, Mr. Moran,
and Mr. Richardson), [28SE]
H.R. 4285--
A bill to amend the Congressional Budget and Impoundment Control Act of
1974 to reform the budget process, and for other purposes; to the
Committees on the Budget; Government Reform and Oversight;
Appropriations; Rules, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. COX (for himself, Mr. Largent, Mr. Barton of Texas, Mr.
Gingrich, Mr. Armey, Mr. DeLay, Mr. Boehner, Mr. Livingston, Mr.
Archer, Mr. Kasich, Mr. Paxon, Ms. Molinari, Mr. Clinger, Mr.
Solomon, Mr. Goss, Mr. Horn, Mr. Stenholm, Ms. Harman, Mr. Condit,
Mr. Hall of Texas, Mr. Peterson of Minnesota, Mr. Poshard, Mr.
Montgomery, Mr. Rose, Mr. Pete Geren of Texas, Mr. Allard, Mr.
Bachus, Mr. Baker of California, Mr. Baker of Louisiana, Mr.
Ballenger, Mr. Barr, Mr. Barrett of Nebraska, Mr. Bartlett of
Maryland, Mr. Bass, Mr. Bateman, Mr. Bereuter, Mr. Bilbray, Mr.
Bilirakis, Mr. Bliley, Mr. Blute, Mr. Boehlert, Mr. Bonilla, Mr.
Bono, Mr. Brownback, Mr. Bryant of Tennessee, Mr. Bunning of
Kentucky, Mr. Burr, Mr. Burton of Indiana, Mr. Buyer, Mr. Callahan,
Mr. Calvert, Mr. Camp, Mr. Campbell, Mr. Canady, Mr. Castle, Mr.
Chabot, Mr. Chambliss, Mrs. Chenoweth, Mr. Christensen, Mr.
Chrysler, Mr. Coble, Mr. Coburn, Mr. Collins of Georgia, Mr.
Combest, Mr. Cooley, Mr. Crane, Mr. Crapo, Mr. Cremeans, Mrs. Cubin,
Mr. Cunningham, Mr. Deal of Georgia, Mr. Diaz-Balart, Mr. Dickey,
Mr. Doolittle, Mr. Dornan, Mr. Dreier, Mr. Duncan, Ms. Dunn of
Washington, Mr. Ehlers, Mr. Ehrlich, Mr. English of Pennsylvania,
Mr. Ensign, Mr. Ewing, Mr. Flanagan, Mr. Foley, Mr. Fox, Mr. Fields
of Texas, Mr. Forbes, Mr. Franks of New Jersey, Mr. Franks of
Connecticut, Mr. Frelinghuysen, Mr. Frisa, Mr. Funderburk, Mr.
Gallegly, Mr. Ganske, Mr. Gekas, Mr. Gilchrest, Mr. Gillmor, Mr.
Gilman, Mr. Goodlatte, Mr. Goodling, Mr. Graham, Mr. Greenwood, Ms.
Greene of Utah, Mr. Gunderson, Mr. Gutknecht, Mr. Hancock, Mr.
Hansen, Mr. Hastert, Mr. Hastings of Washington, Mr. Hayes, Mr.
Hayworth, Mr. Hefley, Mr. Herger, Mr. Hilleary, Mr. Hoekstra, Mr.
Hoke, Mr. Hostettler, Mr. Houghton, Mr. Hunter, Mr. Hyde, Mr. Inglis
of South Carolina, Mr. Istook, Mrs. Johnson of Connecticut, Mr. Sam
Johnson, Mr. Jones, Mrs. Kelly, Mr. Kim, Mr. King, Mr. Kingston, Mr.
Klug, Mr. Knollenberg, Mr. Kolbe, Mr. LaHood, Mr. Latham, Mr.
LaTourette, Mr. Laughlin, Mr. Lazio of New York, Mr. Leach, Mr.
Lewis of California, Mr. Lewis of Kentucky, Mr. Lightfoot, Mr.
Linder, Mr. Longley, Mr. Lucas, Mr. McCollum, Mr. McCrery, Mr.
McDade, Mr. McHugh, Mr. McInnis, Mr. McIntosh, Mr. McKeon, Mr.
Manzullo, Mr. Martini, Mr. Metcalf, Mrs. Meyers of Kansas, Mr. Mica,
Mr. Miller of Florida, Mr. Moorhead, Mrs. Myrick, Mr. Nethercutt,
Mr. Neumann, Mr. Ney, Mr. Norwood, Mr. Oxley, Mr. Packard, Mr.
Parker, Mr. Petri, Mr. Pombo, Mr. Portman, Ms. Pryce, Mr. Quinn, Mr.
Radanovich, Mr. Ramstad, Mr. Riggs, Mr. Roberts, Mr. Rohrabacher,
Ms. Ros-Lehtinen, Mr. Roth, Mrs. Roukema, Mr. Royce, Mr. Salmon, Mr.
Sanford, Mr. Saxton, Mr. Scarborough, Mr. Schaefer, Mr. Schiff, Mrs.
Seastrand, Mr. Sensenbrenner, Mr. Shadegg, Mr. Shaw, Mr. Shays, Mr.
Shuster, Mr. Skeen, Mr. Smith of New Jersey, Mr. Smith of Texas,
Mrs. Smith of Washington, Mr. Smith of Michigan, Mr. Souder, Mr.
Spence, Mr. Stearns, Mr. Stockman, Mr. Stump, Mr. Talent, Mr. Tate,
Mr. Tauzin, Mr. Thomas, Mr. Thornberry, Mr. Tiahrt, Mr. Torkildsen,
Mr. Upton, Mrs. Vucanovich, Mr. Walker, Mr. Walsh, Mr. Wamp, Mr.
Watts of Oklahoma, Mr. Weldon of Pennsylvania, Mr. Weldon of
Florida, Mr. Weller, Mr. White, Mr. Wicker, Mr. Whitfield, Mr. Wolf,
and Mr. Zimmer), [28SE]
H.R. 4286--
A bill to amend the Anti Car Theft Act of 1992 to provide for the
establishment of a toll-free telephone number for the reporting of
stolen and abandoned passenger motor vehicles, and for other
purposes; to the Committee on the Judiciary.
By Mr. ACKERMAN, [28SE]
H.R. 4287--
A bill to require the Administrator of the Federal Aviation
Administration to address the aircraft noise problems of Queens and
the northshore of Long Island, NY; to the Committee on
Transportation and Infrastructure.
By Mr. ACKERMAN, [28SE]
H.R. 4288--
A bill to encourage the increased use of domestic natural gas as a
transportation fuel, and for other purposes; to the Committees on
Commerce; Transportation and Infrastructure; Ways and Means;
National Security; Government Reform and Oversight, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BARTON of Texas (for himself, Mr. Bilbray, Mr. Bono, Mr.
Combest, Mr. Gingrich, Mr. McCrery, Mr. Regula, Mr. Tauzin, Mr.
Thornberry, and Mr. Wise), [28SE]
H.R. 4289--
A bill to provide a more effective remedy for inadequate trade benefits
extended to the United States by other countries and for
restrictions on free emigration imposed by other countries; to the
Committees on Ways and Means; Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. BEREUTER, [28SE]
H.R. 4290--
A bill to amend title V of the Trade Act of 1974 to add to the
eligibility criteria for the generalized system of preferences full
cooperation with the United States in preventing illegal drug
traffic and the entry of illegal drugs into the United States; to
the Committee on Ways and Means.
By Mr. BROWN of California, [28SE]
H.R. 4291--
A bill to provide for the multilateral negotiation of Western Hemisphere
environmental, labor, and agricultural standards, to implement as
U.S. negotiating objectives in any free trade area negotiations
pursuant to the Free Trade Agreement for the Americas certain
threshold protections regarding enforceable worker rights,
agricultural standards, and environmental quality, and to implement
a corresponding, comprehensive multilateral dispute resolution
mechanism to investigate, adjudicate, and render binding,
enforceable judgments against any unfair trade practices arising
within the Western Hemisphere free trade area, including those
involving the systematic denial or practical nullification of
certain threshold protections of worker rights, agricultural
standards, and environmental quality; to the Committee on Ways and
Means.
By Mr. BROWN of California, [28SE]
H.R. 4292--
A bill to provide a comprehensive program of adjustment assistance to
workers displaced as a result of any program, project, or activity
carried out under Federal law; to the Committees on Economic and
Educational Opportunities; Transportation and Infrastructure; Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. BROWN of California, [28SE]
H.R. 4293--
A bill to amend title 31, United States Code, to provide for public
disclosure of the amounts of Federal funds used to conduct field
examinations of appropriation estimates; to the Committee on
Government Reform and Oversight.
By Mr. BROWNBACK (for himself, Mr. Allard, and Mr. Hoke), [28SE]
H.R. 4294--
A bill to prohibit further extension or establishment of any national
monument in Oregon without full public participation and an express
act of Congress, and for other purposes; to the Committee on
Resources.
By Mr. COOLEY, [28SE]
H.R. 4295--
A bill to authorize the Secretary of the Interior to transfer certain
facilities of the Minidoka Project to the Burley Irrigation
District, and for other purposes; to the Committee on Resources.
By Mr. CRAPO, [28SE]
H.R. 4296--
A bill to require that health plans provide coverage for a minimum
hospital stay for mastectomies and lymph node dissection of the
treatment of breast cancer; to the Committee on Commerce.
By Ms. DeLAURO (for herself, Mr. Dingell, Mr. Sanders, Mr. Costello,
Mr. Foglietta, Mr. Moran, Mrs. Lowey, Mr. Pallone, Mrs. Meek of
Florida, Mr. LoBiondo, Ms. Pelosi, Mr. Nadler, Ms. Eshoo, Mrs.
Maloney, Ms. Norton, Mrs. Clayton, and Ms. Slaughter), [28SE]
H.R. 4297--
A bill to give all American electricity consumers the right to choose
among competitive providers of electricity in order to secure lower
electricity rates, higher quality services, and a more robust U.S.
economy, and for other purposes; to the Committee on Commerce.
By Mr. DeLAY, [28SE]
H.R. 4298--
A bill to provide for a special Medicare part B enrollment period and a
special medigap open enrollment period for certain military retirees
and dependents; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. ENSIGN, [28SE]
H.R. 4299--
A bill to regulate the use by interactive computer services of Social
Security account numbers and related personally identifiable
information; to the Committee on Commerce.
By Mr. FRANKS of New Jersey (for himself, Mr. Herger, Mr. Bilbray, and
Mrs. Meyers of Kansas), [28SE]
H.R. 4300--
A bill to amend the Public Health Service Act to assure the availability
of health insurance
[[Page 2926]]
coverage for children in the individual market in a manner similar
to guaranteed availability of individual health insurance coverage
for certain previously covered individuals under the Health
Insurance Portability and Accountability Act of 1996; to the
Committee on Commerce.
By Ms. FURSE, [28SE]
H.R. 4301--
A bill to amend the Internal Revenue Code of 1986 to provide that
elected tax collectors shall be treated as self-employed for certain
purposes; to the Committee on Ways and Means.
By Mr. GOODLING, [28SE]
H.R. 4302--
A bill to consolidate within the Department of Agriculture all
inspection activities regarding livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products to
provide for the improved inspection of those articles and products;
to the Committee on Agriculture.
By Mr. GUNDERSON, [28SE]
H.R. 4303--
A bill to authorize appropriations to reimburse States for costs of
educating certain illegal alien students; to the Committee on
Economic and Educational Opportunities.
By Ms. HARMAN (for herself and Mr. Campbell), [28SE]
H.R. 4304--
A bill to restore equal educational opportunity; to the Committees on
Economic and Educational Opportunities; the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. HOKE, [28SE]
H.R. 4305--
A bill to amend the research provisions of the Fund for Rural America to
include the development and promotion of precision agriculture and
precision agriculture technologies among the purposes for which
research, extension, and education grants may be provided; to the
Committee on Agriculture.
By Mr. JOHNSON of South Dakota (for himself and Mr. Minge), [28SE]
Cosponsors added, [2OC]
H.R. 4306--
A bill to enhance international security by using the resources and
expertise of the international financial institutions and the United
Nations to redirect world military spending to human development; to
the Committees on International Relations; Banking and Financial
Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. KENNEDY of Massachusetts (for himself and Mr. Miller of
California), [28SE]
H.R. 4307--
A bill to prohibit the importation of soccer balls manufactured or
assembled with child labor; to the Committees on Ways and Means;
International Relations, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. KENNEDY of Massachusetts (for himself, Mr. Smith of New Jersey,
Mr. Brown of California, Mr. Moran, Mr. Sanders, Mr. Evans, and Mr.
Frank of Massachusetts), [28SE]
H.R. 4308--
A bill to reestablish the Office of Noise Abatement and Control in the
Environmental Protection Agency; to the Committees on Commerce;
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mrs. LOWEY (for herself, Mr. Skaggs, Mr. Frost, Mr. Yates, Mrs.
Morella, Mr. Torricelli, Mr. Nadler, Mr. Manton, Mr. Schumer, and
Mr. Pallone), [28SE]
Cosponsors added, [30SE]
H.R. 4309--
A bill to provide interest subsidies for new school construction and
renovation projects; to the Committees on Economic and Educational
Opportunities; Commerce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. LOWEY, [28SE]
H.R. 4310--
A bill to amend the Federal Election Campaign Act of 1971 to establish
the Presidential Debate Commission on an on-going basis and to amend
the Internal Revenue Code of 1986 to reduce the amount of funds
provided under such act for party nominating conventions for any
party whose nominee for President or Vice President does not
participate in any debate scheduled by the Commission, and for other
purposes; to the Committee on House Oversight.
By Mr. McCOLLUM, [28SE]
H.R. 4311--
A bill to amend the Internal Revenue Code of 1986 to allow penalty-free
withdrawals from IRA's for certain purposes, to increase the amount
of tax deductible IRA contributions, and for other purposes; to the
Committee on Ways and Means.
By Mr. McCOLLUM, [28SE]
H.R. 4312--
A bill to revitalize the tourism industry and to provide airport
security, and for other purposes; to the Committees on
Transportation and Infrastructure; Commerce; Ways and Means; the
Judiciary; International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. McCOLLUM, [28SE]
H.R. 4313--
A bill to amend the Small Business Act to strengthen existing
protections for small business participation in Federal contracting
opportunities, to provide for assessments of the impacts on small
businesses of the steadily increasing use of contract bundling by
the procurement activities of the various Federal agencies, and for
other purposes; to the Committees on Small Business; Government
Reform and Oversight, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. MEYERS of Kansas, [28SE]
Cosponsors added, [4OC]
H.R. 4314--
A bill to make improvements in the operation and administration of the
Federal courts, and for other purposes; to the Committee on the
Judiciary.
By Mr. MOORHEAD (for himself and Mr. Hyde), [28SE]
H.R. 4315--
A bill to provide patients with information and rights to promote better
health care; to the Committees on Commerce; Ways and Means, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. OWENS (for himself, Ms. Norton, Ms. McKinney, Mr. Frazer, Mr.
Yates, Mr. Dellums, Mr. Payne of New Jersey, Mr. Hilliard, Mr.
Kildee, and Mrs. Mink of Hawaii), [28SE]
H.R. 4316--
A bill to amend the Federal Power Act to provide a moratorium on the
retail wheeling of electric energy until the Clean Air Act is
amended to reduce significantly certain transboundary air pollution,
and for other purposes; to the Committee on Commerce.
By Mr. PALLONE, [28SE]
H.R. 4317--
A bill relating to disposal of contaminated dredged materials in the
Port of New York-New Jersey; to the Committee on Transportation and
Infrastructure.
By Mr. PALLONE, [28SE]
H.R. 4318--
A bill to provide for a system of guaranteeing the deposits and certain
other liabilities of depository institutions through a self-
regulating system of cross-guarantees, to protect taxpayers against
deposit insurance losses, and for other purposes; to the Committees
on Banking and Financial Services; the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. PETRI, [28SE]
H.R. 4319--
A bill to provide for the establishment of uniform accounting systems,
accounting standards, and accounting reporting systems in the
Federal Government, and for other purposes; to the Committee on
Government Reform and Oversight.
By Mr. SANFORD, [28SE]
H.R. 4320--
A bill to amend the Truth in Lending Act to require a credit card issuer
to disclose only 1 annual percentage rate of interest in any
preapproved application or solicitation to open a credit card
account under an open end consumer credit plan, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. SCHUMER, [28SE]
H.R. 4321--
A bill to enhance and protect retirement savings; to the Committees on
Ways and Means; Economic and Educational Opportunities, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. SCHUMER, [28SE]
H.R. 4322--
A bill to amend the Violent Crime Control and Law Enforcement Act of
1994; to the Committee on the Judiciary.
By Mr. SCHUMER (for himself and Mr. Cummings), [28SE]
H.R. 4323--
A bill to amend the Internal Revenue Code of 1986 to make higher
education more affordable by providing tax benefits to individuals
who save for, or pay for, higher education; to the Committee on Ways
and Means.
By Mr. SCHUMER (for himself and Ms. Slaughter), [28SE]
H.R. 4324--
A bill to improve the program of block grants to States for temporary
assistance for needy families; to the Committee on Ways and Means.
By Mr. SCHUMER, [28SE]
H.R. 4325--
A bill to amend title XVIII of the Social Security Act to provide
hospitals extend fair visitor privileges to non-family members; to
the Committee on Ways and Means.
By Mr. SCHUMER (for himself, Mr. Campbell, and Mr. Shays), [28SE]
H.R. 4326--
A bill to amend title 18, United States Code, to prohibit interactive
computer services from releasing to the public certain private
information; to the Committee on the Judiciary.
By Mr. TORRICELLI, [28SE]
H.R. 4327--
A bill to establish a temporary commission to recommend reforms in the
laws relating to elections for Federal office; to the Committees on
House Oversight; Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. WHITE (for himself and Mr. Horn), [28SE]
H.R. 4328--
A bill to enhance the competitiveness of the United States and promote
foreign commerce generally through the creation of the U.S. Trade
Administration as an independent establishment in the executive
branch of the Government; to the Committees on Ways and Means;
Banking and Financial Services; Government Reform and Oversight;
International Relations; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. WHITE, [28SE]
H.R. 4329--
A bill to designate the Federal building located at 300 East 8th Street
in Austin, TX, as the ``J. J. `Jake' Pickle Federal Building''; to
the Committee on Transportation and Infrastructure.
By Mr. PETE GEREN of Texas, [30SE]
H.R. 4330--
A bill to amend titles 23 and 49, United States Code, relating to
metropolitan planning; to the Committee on Transportation and
Infrastructure.
By Mr. HEFLEY, [30SE]
[[Page 2927]]
H.R. 4331--
A bill to amend certain provisions of law relating to child pornography,
and for other purposes; to the Committee on the Judiciary.
By Mr. KENNEDY of Massachusetts, [30SE]
H.R. 4332--
A bill to prohibit United States assistance to foreign governments that
provide landing rights to Libyan aircraft; to the Committee on
International Relations.
By Mr. LANTOS (for himself and Mr. Hyde), [30SE]
H.R. 4333--
A bill to prohibit smoking in any transportation facility for which
Federal financial assistance is provided; to the Committee on
Transportation and Infrastructure.
By Mr. LEWIS of Georgia, [30SE]
H.R. 4334--
A bill to amend the Internal Revenue Code of 1986 to allow individual
retirement accounts to be used for expenses for post-secondary
education and job retraining; to the Committee on Ways and Means.
By Mr. SMITH of Texas (for himself, Mr. Rohrabacher, Mr. Bereuter, Mr.
Blute, and Mr. Flake), [30SE]
Cosponsors added, [2OC]
H.R. 4335--
A bill to amend the Immigration and Nationality Act, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, and
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, to modify provisions of law relating to public assistance and
benefits for aliens; to the Committees on the Judiciary; Ways and
Means; Agriculture; Banking and Financial Services; Economic and
Educational Opportunities; Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. SMITH of Texas (for himself and Mr. Gingrich), [30SE]
H.R. 4336--
A bill to restore the authority of the Secretary of Agriculture to
extend existing and expiring contracts under the conservation
reserve program; to the Committee on Agriculture.
By Mr. ROBERTS, [1OC]
H.R. 4337--
A bill to amend the Truth in Lending Act to prohibit extensions of
credit under any open end consumer credit plan the proceeds of which
the creditor knows or has reason to believe are being used or will
be used by the consumer to make any form of wager or bet, to play
any game of chance, or use any gambling device, and for other
purposes; to the Committee on Banking and Financial Services.
By Mr. LaFALCE., [1OC]
H.R. 4338--
A bill to provide relief for domestic producers of tailored wool apparel
from increased imports of such apparel from Canada; to the Committee
on Ways and Means.
By Mr. LaFALCE., [1OC]
H.R. 4339--
A bill to amend the Clean Air Act to impose certain requirements on
areas upwind of ozone nonattainment areas, and for other purposes;
to the Committee on Commerce.
By Mr. CONDIT (for himself, Mr. Doolittle, Mr. Cunningham, and Mr.
Radanovich), [3OC]
H.R. 4340--
A bill to prohibit, in connection with the termination of Army
activities at the Stratford Army Engine Plant, the expenditure of
Federal funds to cover the costs of relocating a Government
contractor located at that installation; to the Committee on
National Security.
By Ms. DeLAURO, [3OC]
H.R. 4341--
A bill to establish felony violations for the failure to pay legal child
support obligations, and for other purposes; to the Committee on the
Judiciary.
By Mr. SCHUMER (for himself and Mr. Conyers), [3OC]
H.R. 4342--
A bill to amend title 18, United States Code, to extend certain statutes
of limitation; to the Committee on the Judiciary.
By Mr. SCHUMER, [3OC]
H.R. 4343--
A bill to prohibit the Secretary of Defense from making American
communities noncompetitive by using shipping cost differentials
attributable to the application of the Merchant Marine Act, 1920; to
the Committee on National Security.
By Mr. UNDERWOOD, [3OC]
H.R. 4344--
A bill to amend title 10, United States Code, to provide that a member
of the Armed Forces who is diagnosed as being HIV-positive within 1
year of entering military service shall be considered to have
entered the Armed Forces under a fraudulent enlistment or
appointment; to the Committee on National Security.
By Mr. DORNAN, [4OC]
[[Page 2929]]
HOUSE JOINT RESOLUTIONS
------------------------------------------------------------------------
H.J. Res. 1--
Joint resolution proposing a balanced budget amendment to the
Constitution of the United States; to the Committee on the
Judiciary.
Motion to proceed and motion to reconsider agreed to in the Senate,
[4JN]
Failed of passage, [6JN]
H.J. Res. 10--
Joint resolution proposing an amendment to the Constitution of the
United States regarding school prayer; to the Committee on the
Judiciary.
Cosponsors added, [16FE]
H.J. Res. 16--
Joint resolution proposing an amendment to the Constitution of the
United States relating to voluntary school prayer; to the Committee
on the Judiciary.
Cosponsors added, [24AP]
H.J. Res. 26--
Joint resolution proposing an amendment to the Constitution of the
United States with respect to the right to life; to the Committee on
the Judiciary.
Cosponsors added, [12JY]
H.J. Res. 70--
Joint resolution authorizing the Alpha Phi Alpha Fraternity to establish
a memorial to Martin Luther King, Jr., in the District of Columbia
or its environs; to the Committee on House Oversight.
Cosponsors added, [14MR], [28MR], [29MR], [25AP], [22MY], [23JY]
Committee discharged. Passed House, [27SE]
H.J. Res. 78--
Joint resolution to grant the consent of the Congress to certain
additional powers conferred upon the Bi-State Development Agency by
the States of Missouri and Illinois; to the Committee on the
Judiciary.
Rules suspended. Passed House amended, [12MR]
Passed Senate, [15MR]
Presented to the President (March 20, 1996)
Approved [Public Law 104-125] (signed April 1, 1996)
H.J. Res. 89--
Joint resolution prohibiting funds for diplomatic relations and further
advancement of economic relations with the Socialist Republic of
Vietnam [SRV] unless the President certifies to Congress that
Vietnamese officials are being fully cooperative and forthcoming
with efforts to account for the 2,205 Americans still missing and
otherwise unaccounted for from the Vietnam War, as determined on the
basis of all information available to the United States Government,
and for other purposes; to the Committee on International Relations.
Cosponsors added, [5JA]
H.J. Res. 90--
Joint resolution proposing an amendment to the Constitution of the
United States to protect the right to life; to the Committee on the
Judiciary.
Cosponsors added, [12MR], [25AP]
H.J. Res. 93--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that no person born in the United States
will be a U.S. citizen unless a parent is a U.S. citizen, is
lawfully in the United States, or has a lawful immigration status at
the time of the birth; to the Committee on the Judiciary.
Cosponsors added, [23JA]
H.J. Res. 97--
Joint resolution proposing an amendment to the Constitution of the
United States to permit the Congress to limit expenditures in
elections for Federal office; to the Committee on the Judiciary.
Cosponsors added, [27MR], [31JY], [5SE]
H.J. Res. 100--
Joint resolution to encourage States to study and adopt interstate
compacts for the regulation of interstate insurance; to the
Committees on the Judiciary; Commerce, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [21MR], [14MY]
H.J. Res. 106--
Joint resolution proposing an amendment to the Constitution of the
United States to require three-fifths majorities for bills
increasing taxes; to the Committee on the Judiciary.
Cosponsors added, [23JA]
H.J. Res. 113--
Joint resolution granting the consent of Congress to the compact to
provide for joint natural resource management and enforcement of
laws and regulations pertaining to natural resources and boating at
the Jennings Randolph Lake Project lying in Garrett County, MD, and
Mineral County, WV, entered into between the States of West Virginia
and Maryland; to the Committee on the Judiciary.
Reported (H. Rept. 104-706), [24JY]
Rules suspended. Passed House, [29JY]
Laid on the table (S.J. Res. 20 passed in lieu), [29JY]
H.J. Res. 114--
Joint resolution proposing an amendment to the Constitution of the
United States relative to contributions and expenditures intended to
affect elections for Federal and State office; to the Committee on
the Judiciary.
Cosponsors added, [28FE], [15AP], [11JY], [17JY], [25JY], [31JY],
[2AU], [26JY]
H.J. Res. 117--
Joint resolution proposing an amendment to the Constitution of the
United States to abolish the electoral college and to provide for
the direct popular election of the President and Vice President of
the United States; to the Committee on the Judiciary.
Cosponsors added, [25JA], [12MR], [7MY]
H.J. Res. 121--
Joint resolution proposing an amendment to the Constitution of the
United States in order to secure the unalienable right of the people
to acknowledge, worship, and serve their Creator, according to the
dictates of conscience; to the Committee on the Judiciary.
Cosponsors added, [24JA], [1FE], [2MY]
H.J. Res. 127--
Joint resolution proposing a religious liberties amendment to the
Constitution of the United States to secure the people's right to
acknowledge God according to the dictates of conscience; to the
Committee on the Judiciary.
Cosponsors added, [13MR], [14MR], [23AP], [16JY], [5SE]
H.J. Res. 129--
Joint resolution granting the consent of Congress to the Vermont-New
Hampshire Interstate Public Water Supply Compact; to the Committee
on the Judiciary.
Reported (H. Rept. 104-485), [18MR]
Rules suspended. Passed House, [19MR]
Laid on the table (S.J. Res. 38 passed in lieu), [19MR]
H.J. Res. 134--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
House agreed to Senate amendment with amendment (pursuant to H. Res.
336), [5JA]
Senate agreed to House amendment to Senate amendment, [3JA]
Presented to the President (January 6, 1996)
Approved [Public Law 104-94] (signed January 6, 1996)
H.J. Res. 138--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 139--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 140--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 141--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 142--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 143--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 144--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 145--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 146--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 147--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 148--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 149--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 150--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 151--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 152--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [3JA]
H.J. Res. 153--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes.
By Mr. WALSH, [3JA]
Passed House, [3JA]
Passed Senate, [3JA]
Presented to the President (January 4, 1996)
[[Page 2930]]
Approved [Public Law 104-90] (signed January 4, 1996)
H.J. Res. 154--
Joint resolution making further continuing appropriations for the
District of Columbia for fiscal year 1996, and for other purposes;
to the Committee on Appropriations.
By Ms. NORTON, [3JA]
H.J. Res. 155--
Joint resolution making further continuing appropriations for fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Ms. JACKSON-LEE, [3JA]
Cosponsors added, [5JA]
H.J. Res. 156--
Joint resolution making further continuing appropriations for railroad
retirement benefits for fiscal year 1996, and for other purposes; to
the Committee on Appropriations.
By Mr. PETERSON of Minnesota, [4JA]
H.J. Res. 157--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. OBEY, [23JA]
H.J. Res. 158--
Joint resolution to recognize the Peace Corps on the occasion of its
35th anniversary and the Americans who have served as Peace Corps
volunteers; to the Committee on International Relations.
By Mr. FARR (for himself, Mr. Hall of Ohio, Mr. Ward, Mr. Walsh, Mr.
Petri, and Mr. Shays), [31JA]
Cosponsors added, [5MR], [26MR]
Rules suspended. Passed House, [26MR]
H.J. Res. 159--
Joint resolution proposing an amendment to the Constitution of the
United States to require two-thirds majorities for bills increasing
taxes; to the Committee on the Judiciary.
By Mr. BARTON of Texas (for himself, Mr. Pete Geren of Texas, Mr.
Shadegg, Mr. Hall of Texas, Mr. Saxton, Mr. Allard, Mr. Andrews, Mr.
Armey, Mr. Bachus, Mr. Baker of California, Mr. Baker of Louisiana,
Mr. Ballenger, Mr. Barr, Mr. Barrett of Nebraska, Mr. Bartlett of
Maryland, Mr. Bliley, Mr. Boehner, Mr. Bonilla, Mr. Brownback, Mr.
Bryant of Tennessee, Mr. Bunn of Oregon, Mr. Bunning of Kentucky,
Mr. Burr, Mr. Burton of Indiana, Mr. Callahan, Mr. Calvert, Mr.
Camp, Mr. Chabot, Mr. Chambliss, Mrs. Chenoweth, Mr. Christensen,
Mr. Chrysler, Mr. Coble, Mr. Coburn, Mr. Collins of Georgia, Mr.
Combest, Mr. Cooley, Mr. Cox, Mr. Crane, Mr. Cremeans, Mrs. Cubin,
Mr. Cunningham, Mr. Deal of Georgia, Mr. Dickey, Mr. Doolittle, Mr.
Dornan, Mr. Duncan, Ms. Dunn of Washington, Mr. Emerson, Mr. English
of Pennsylvania, Mr. Ensign, Mr. Foley, Mr. Forbes, Mrs. Fowler, Mr.
Fox, Mr. Franks of New Jersey, Mr. Franks of Connecticut, Mr.
Frelinghuysen, Mr. Frisa, Mr. Funderburk, Mr. Ganske, Mr. Gilman,
Mr. Goodling, Mr. Goss, Mr. Graham, Mr. Greenwood, Mr. Gutknecht,
Mr. Hancock, Mr. Hansen, Mr. Hastert, Mr. Hastings of Washington,
Mr. Hayes, Mr. Hayworth, Mr. Hefley, Mr. Heineman, Mr. Herger, Mr.
Hilleary, Mr. Horn, Mr. Hunter, Mr. Hutchinson, Mr. Inglis of South
Carolina, Mr. Istook, Mr. Sam Johnson, Mr. Jones, Mrs. Kelly, Mr.
King, Mr. Kingston, Mr. Klug, Mr. Knollenberg, Mr. Kolbe, Mr.
Largent, Mr. Latham, Mr. Laughlin, Mr. Lewis of Kentucky, Mr.
Lightfoot, Mr. Linder, Mr. LoBiondo, Mr. Lucas, Mr. Manzullo, Mr.
Martini, Mr. McCollum, Mr. McCrery, Mr. McHugh, Mr. McInnis, Mr.
McIntosh, Mr. McKeon, Mr. Metcalf, Mr. Mica Mr. Miller of Florida,
Mrs. Myrick, Mr. Neumann, Mr. Ney, Mr. Norwood, Mr. Packard, Mr.
Parker, Mr. Paxon, Mr. Quillen, Mr. Quinn, Mr. Radanovich, Mr.
Ramstad, Mr. Riggs, Mr. Roberts, Mr. Rohrabacher, Mr. Royce, Mr.
Salmon, Mr. Sanford, Mr. Scarborough, Mr. Schaefer, Mrs. Seastrand,
Mr. Sensenbrenner, Mr. Skeen, Mr. Smith of Texas, Mrs. Smith of
Washington, Mr. Solomon, Mr. Souder, Mr. Spence, Mr. Stearns, Mr.
Stockman, Mr. Stump, Mr. Talent, Mr. Tate, Mr. Tauzin, Mr. Taylor of
North Carolina, Mr. Thornberry, Mr. Tiahrt, Mr. Torkildsen, Mr.
Upton, Mrs. Waldholtz, Mr. Wamp, Mr. Watts of Oklahoma, Mr. Weldon
of Florida, Mr. Weldon of Pennsylvania, Mr. Weller, Mr. Wicker, Mr.
Young of Alaska, and Mr. Zeliff), [1FE]
Cosponsors added, [6MR], [7MR], [14MR], [21MR], [27MR], [15AP]
Cosponsors removed, [29MR], [15AP]
Failed of passage, [15AP]
H.J. Res. 160--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that Federal judges be reconfirmed by the
Senate every 6 years; to the Committee on the Judiciary.
By Mr. HAYES, [16FE]
H.J. Res. 161--
Joint resolution proposing an amendment to the Constitution of the
United States to secure the people's right to acknowledge God
according to the dictates of conscience; to the Committee on the
Judiciary.
By Mr. QUILLEN, [28FE]
H.J. Res. 162--
Joint resolution to disapprove the certification of the President under
section 490(b) of the Foreign Assistance Act of 1961 regarding
foreign assistance for Mexico during fiscal year 1996; to the
Committee on International Relations.
By Mr. SHAW (for himself, Mr. Zeliff, and Mr. McCollum), [5MR]
Cosponsors added, [7MR], [12MR], [19MR]
H.J. Res. 163--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. LIVINGSTON, [13MR]
Committee discharged. Passed House, [14MR]
Passed Senate, [13MR]
Presented to the President (March 15, 1996)
Approved [Public Law 104-116] (signed March 15, 1996)
H.J. Res. 164--
Joint resolution proposing an amendment to the Constitution of the
United States to provide 8-year terms of offices for judges of
Federal courts other than the Supreme Court; to the Committee on the
Judiciary.
By Mr. RIGGS (for himself, Mr. Brewster, Mr. Metcalf, Mrs. Chenoweth,
Mr. Coburn, Mr. Hancock, Mr. Young of Alaska, Mr. Pete Geren of
Texas, Mr. Duncan, and Mr. Cooley), [19MR]
Cosponsors added, [25AP]
H.J. Res. 165--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. LIVINGSTON, [20MR]
Passed House, [21MR]
Passed Senate, [21MR]
Presented to the President (March 22, 1996)
Approved [Public Law 104-118] (signed March 22, 1996)
H.J. Res. 166--
Joint resolution granting the consent of Congress to the mutual aid
agreement between the city of Bristol, VA, and the city of Bristol,
TN; to the Committee on the Judiciary.
By Mr. BOUCHER (for himself and Mr. Quillen), [21MR]
Reported (H. Rept. 104-705), [24JY]
Rules suspended. Passed House, [29JY]
Passed Senate, [31JY]
Presented to the President (August 2, 1996)
Approved [Public Law 104-181] (signed August 6, 1996)
H.J. Res. 167--
Joint resolution proposing an amendment to the Constitution of the
United States to limit the judicial power of the United States; to
the Committee on the Judiciary.
By Mr. TALENT, [21MR]
Cosponsors added, [18AP]
H.J. Res. 168--
Joint resolution waiving certain enrollment requirements with respect to
two bills of the 104th Congress; to the Committee on House
Oversight.
By Mr. NEY, [26MR]
Committee discharged. Passed House, [26MR]
Passed Senate, [28MR]
Presented to the President (March 28, 1996)
Approved [Public Law 104-129] (signed April 9, 1996)
H.J. Res. 169--
Joint resolution proposing an amendment to the Constitution of the
United States relating to taxes; to the Committee on the Judiciary.
By Mr. BARTON of Texas (for himself, Mr. Pete Geren of Texas, Mr.
Archer, Mr. Shadegg, and Mr. Hall of Texas), [28MR]
H.J. Res. 170--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on
Appropriations.
By Mr. LIVINGSTON, [29MR]
Passed House, [29MR]
Passed Senate, [29MR]
Presented to the President (March 29, 1996)
Approved [Public Law 104-122] (signed March 29, 1996)
H.J. Res. 171--
Joint resolution proposing an amendment to the Constitution of the
United States to permit the Congress to limit contributions and
expenditures in elections for Federal office; to the Committee on
the Judiciary.
By Mr. LANTOS, [29MR]
Cosponsors added, [27SE]
H.J. Res. 172--
Joint resolution proposing an amendment to the Constitution of the
United States relating to contributions and expenditures intended to
affect elections; to the Committee on the Judiciary.
By Mr. ENGLISH of Pennsylvania, [18AP]
H.J. Res. 173--
Joint resolution proposing an amendment to the Constitution of the
United States to protect the rights of victims of crime; to the
Committee on the Judiciary.
By Mr. HYDE, [22AP]
Cosponsors added, [13JN], [22JY], [17SE]
H.J. Res. 174--
Joint resolution proposing an amendment to the Constitution of the
United States to protect the rights of victims of crime; to the
Committee on the Judiciary.
By Mr. HYDE, [22AP]
Cosponsors added, [13JN], [18JN], [22JY], [4SE], [17SE], [26SE],
[28SE], [3OC]
H.J. Res. 175--
Joint resolution making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committees on
Appropriations; Banking and Financial Services; the Budget, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. LIVINGSTON, [23AP]
Passed House, [24AP]
Passed Senate, [24AP]
Presented to the President (April 24, 1996)
Approved [Public Law 104-131] (signed April 24, 1996)
H.J. Res. 176--
Joint resolution proposing an amendment to the Constitution of the
United States to abolish the Federal income tax; to the Committee on
the Judiciary.
By Mr. SAM JOHNSON (for himself, Mr. Hastert, Mr. Fields of Texas, Mr.
Tauzin, Mr. Chrysler, Ms. Dunn of Washington, Mr. Crane, Mr.
Christensen, Mr. Hancock, Mr. Cunningham, Mr. Bunning of Kentucky,
Mr. Bartlett of Maryland, Mr. Skeen, Mr. Hansen, Mrs. Chenoweth, Mr.
Laughlin, Mr. Rohrabacher, Mr. Hayworth, Mr. Hunter, Mr. Young of
Alaska, Mrs. Seastrand, Mr. Ensign, Mr. Frisa, Mr. Bonilla, Mr.
Stockman, Mr. Graham, Mr. Burr, Mr. Goss, Mr. Traficant, Mr. Collins
of Georgia, Mr. Thomas, Mr. Largent, Mr. Dornan, Mr. Bono, Mr.
Dreier, Mrs. Cubin, Mr. Hall of Texas, Mr. Dickey, Mr. Doolittle,
Mr. Knollenberg, Mr. Hostettler, and Mr. Norwood), [24AP]
Cosponsors added, [2MY], [26JY]
H.J. Res. 177--
Joint resolution proposing an amendment to the Constitution of the
United States authorizing the Congress and the States to prohibit
the physical desecration of the flag of the United States; to the
Committee on the Judiciary.
By Mr. McDADE, [30AP]
H.J. Res. 178--
Joint resolution disapproving Orders Nos. 888 and 889 of the Federal
Energy Regulatory Commission; to the Committee on Commerce.
By Mr. FRANKS of New Jersey, [1MY]
Cosponsors added, [6MY], [22MY]
H.J. Res. 179--
Joint resolution designating the Civil War Center at Louisiana State
University as the U.S. Civil War Center, making the center the
flagship institution for planning the sesquicentennial
[[Page 2931]]
commemoration of the Civil War, and for other purposes; to the
Committee on Government Reform and Oversight.
By Mr. BAKER of Louisiana (for himself, Mr. McCrery, Mr. Hayes, Mr.
Livingston, Mr. Tauzin, Mr. Jefferson, Mr. Fields of Louisiana, Mr.
Goodling, Mr. Foglietta, Mr. Gekas, Mr. Fox of Pennsylvania, and Mr.
Weldon of Pennsylvania), [16MY]
H.J. Res. 180--
Joint resolution proposing an amendment to the Constitution of the
United States to abolish the Electoral College and to provide for
the direct election of the President and Vice President of the
United States; to the Committee on the Judiciary.
By Mr. CAMPBELL (for himself and Mr. Jacobs), [12JN]
H.J. Res. 181--
Joint resolution disapproving the extension of nondiscriminatory
treatment, most-favored-nation treatment, to the products of the
People's Republic of China; to the Committee on Ways and Means.
by Mr. WALKER, [12JN]
H.J. Res. 182--
Joint resolution disapproving the extension of nondiscriminatory
treatment, most-favored-nation treatment, to the products of the
People's Republic of China; to the Committee on Ways and Means.
By Mr. ROHRABACHER (for himself, Mr. Solomon, Mr. Gilman, Ms. Pelosi,
Mr. Cox, Mr. Wolf, Mr. Lantos, Mr. Hunter, Ms. Kaptur, Mr. Smith of
New Jersey, Mr. Burton of Indiana, Mr. Fazio of California, Mr.
Traficant, Mr. Dornan, Mr. Funderburk, Mr. Lipinski, Mr. Bunning of
Kentucky, Mr. Pallone, Mr. Scarborough, Mr. Diaz-Balart, Mr. Rose,
Mr. Stockman, Mr. Brown of Ohio, Ms. Ros-Lehtinen, Ms. McKinney, Mr.
Stearns, Mr. DeFazio, Mr. Stark, Mrs. Schroeder, Mr. Evans, Mr.
Markey, Mr. Miller of California, Mr. Baker of California, and Mr.
Frank of Massachusetts), [13JN]
Cosponsors added, [18JN]
Cosponsors removed, [18JN]
Reported adversely (H. Rept. 104-634), [25JN]
Failed of passage, [27JN]
H.J. Res. 183--
Joint resolution to authorize the Ralph David Abernathy Memorial
Foundation to establish a memorial in the District of Columbia or
its environs; to the Committee on Resources.
By Mr. LEWIS of Georgia (for himself, Mr. Clay, Mr. Dellums, Mr.
Waxman, Mr. Neal of Massachusetts, Mr. Tejeda, Mr. Bonior, Mr.
Frost, Mr. Dixon, Ms. Lofgren, Mr. Evans, Mr. Green of Texas, Ms.
Norton, Mr. Watts of Oklahoma, Mr. Towns, Mr. Fox, Mr. Hastings of
Florida, Mr. Bishop, Mr. Fattah, Ms. Waters, Mrs. Meek of Florida,
Mr. Hilliard, Mr. Bryant of Texas, Mr. Wynn, Mr. Flake, Ms. Jackson-
Lee, Mr. Payne of New Jersey, Mr. Scott, Mr. Rush, Mr. Thompson,
Mrs. Mink of Hawaii, Mr. Jackson, Ms. Brown of Florida, Mr. Owens,
Mr. Rangel, and Mr. Cummings), [11JY]
H.J. Res. 184--
Joint resolution proposing an amendment to the Constitution of the
United States to further protect religious freedom, including the
right of students in public schools to pray without Government
sponsorship or compulsion, by clarifying the proper construction of
any prohibition on laws respecting an establishment of religion; to
the Committee on the Judiciary.
By Mr. ARMEY, [16JY]
H.J. Res. 185--
Joint resolution to designate the Village of Sunbury, OH, as
``Flagville, U.S.A.''; to the Committee on Government Reform and
Oversight.
By Mr. KASICH, [18JY]
H.J. Res. 186--
Joint resolution proposing an amendment to the Constitution of the
United States restoring the right of Americans to pray in public
institutions, including public school graduation ceremonies and
athletic events; to the Committee on the Judiciary.
By Mr. HEFNER, [23JY]
H.J. Res. 187--
Joint resolution proposing an amendment to the Constitution of the
United States relative to expenditures to affect congressional,
Presidential, State, and local elections; to the Committee on the
Judiciary.
By Mr. VOLKMER, [25JY]
H.J. Res. 188--
Joint resolution proposing an amendment to the Constitution of the
United States regarding the liability of Members of Congress for
false statements made in carrying out their official duties; to the
Committee on the Judiciary.
By Mrs. MYRICK, [2AU]
H.J. Res. 189--
Joint resolution granting the consent of Congress to the Interstate
Insurance Receivership Compact; to the Committee on the Judiciary.
By Mr. MOORHEAD, [4SE]
H.J. Res. 190--
Joint resolution proposing an amendment to the Constitution of the
United States to provide that no person born in the United States
will be a U.S. citizen on account of birth in the United States
unless both parents are either U.S. citizens or aliens lawfully
admitted for permanent residence at the time of the birth; to the
Committee on the Judiciary.
By Mr. BARR, [5SE]
H.J. Res. 191--
Joint resolution to confer honorary citizenship of the United States on
Agnes Gonxha Bojahiu, also known as Mother Teresa; to the Committee
on the Judiciary.
By Mr. FLANAGAN (for himself, Mr. Bryant of Tennessee, Mr. Canady, Mr.
Heineman, Mr. Hoke, and Mr. Hyde), [10SE]
Cosponsors added, [11SE], [16SE]
Reported (H. Rept. 104-796), [17SE]
Rules suspended. Passed House amended, [17SE]
Passed Senate, [18SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-218] (signed October 1, 1996)
H.J. Res. 192--
Joint resolution to consent to certain amendments enacted by the
Legislature of the State of Hawaii to the Hawaiian Homes Commission
Act, 1920; to the Committee on Resources.
By Mr. ABERCROMBIE, [16SE]
H.J. Res. 193--
Joint resolution granting the consent of Congress to the Emergency
Management Assistance Compact; to the Committee on the Judiciary.
By Mr. INGLIS of South Carolina (for himself and Mr. Scott), [17SE]
Rule suspended. Passed House, [24SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-321] (signed October 19, 1996)
H.J. Res. 194--
Joint resolution granting the consent of the Congress to amendments made
by Maryland, Virginia, and the District of Columbia to the
Washington Metropolitan Area Transit Regulation Compact; to the
Committee on the Judiciary.
By Mr. DAVIS (for himself, Mrs. Morella, Mr. Wynn, Mr. Wolf, Mr.
Moran, and Mr. Hoyer), [17SE]
Cosponsors added, [19SE]
Rules suspended. Passed House amended, [24SE]
Passed Senate, [3OC]
Presented to the President (October 10, 1996)
Approved [Public Law 104-322] (signed October 19, 1996)
H.J. Res. 195--
Joint resolution recognizing the end of slavery in the United States,
and the true day of independence for African-Americans; to the
Committee on Government Reform and Oversight.
By Miss COLLINS of Michigan (for herself, Mr. Barrett of Wisconsin,
Mrs. Clayton, Mr. Filner, Mr. Frazer, Mr. Pete Geren of Texas, Mr.
Green of Texas, Mr. Hastings of Florida, Mr. Brown of Ohio, Mrs.
Schroeder, Ms. Waters, Mr. Payne of New Jersey, Ms. Brown of
Florida, Mr. Thompson, Mr. Jefferson, Ms. Norton, and Mrs. Meek of
Florida), [17SE]
Cosponsors added, [26SE]
Committee discharged. Passed House, [26SE]
H.J. Res. 196--
Joint resolution to recognize Commodore John Berry as the first flag
officer of the U.S. Navy; to the Committee on National Security.
By Mr. KING (for himself and Mr. Manton), [26SE]
H.J. Res. 197--
Joint resolution waiving certain enrollment requirements with respect to
any bill or joint resolution of the 104th Congress making general or
continuing appropriations for fiscal year 1997.
By Ms. PRYCE, [28SE]
Passed House, [28SE]
Passed Senate, [30SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-207] (signed September 30, 1996)
H.J. Res. 198--
Joint resolution appointing the day for the convening of the first
session of the 105th Congress and the day for the counting in
Congress of the electoral votes for President and Vice President
cast in December 1996.
By Mr. ARMEY, [28SE]
Passed House, [28SE]
Passed Senate, [1OC]
Presented to the President (October 2, 1996)
Approved [Public Law 104-296] (signed October 11, 1996)
[[Page 2933]]
HOUSE CONCURRENT RESOLUTIONS
------------------------------------------------------------------------
H. Con. Res. 5--
Concurrent resolution expressing the sense of the Congress with respect
to the right of all Americans to keep and bear arms in defense of
life or liberty and in the pursuit of all other legitimate
endeavors; to the Committee on the Judiciary.
Cosponsors added, [29FE]
H. Con. Res. 8--
Concurrent resolution expressing the sense of the Congress relating to
the slaughter of Greek civilians in Kalavryta, Greece, during the
Second World War; to the Committee on International Relations.
Cosponsors added, [7MR]
H. Con. Res. 10--
Concurrent resolution expressing the sense of the Congress that the
current Federal income tax deduction for interest paid on debt
secured by a first or second home should not be further restricted;
to the Committee on Ways and Means.
Cosponsors added, [12MR], [13MR], [21MR], [23AP], [25AP], [30AP],
[1MY], [7MY], [9MY], [14MY], [30MY], [4JN], [11JN], [20JN], [5SE],
[10SE], [27JN]
H. Con. Res. 12--
Concurrent resolution relating to the Republic of China's (Taiwan)
participation in the United Nations; to the Committee on
International Relations.
Cosponsors removed, [15AP]
H. Con. Res. 21--
Concurrent resolution expressing the sense of the Congress concerning
the trafficking of Burmese women and girls into Thailand for the
purposes of forced prostitution; to the Committee on International
Relations.
Cosponsors added, [16FE], [4MR], [17SE], [18SE], [23SE], [26SE],
[27SE]
H. Con. Res. 22--
Concurrent resolution affirming the purpose and value of senior
nutrition programs created under the Older Americans Act; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [20JN]
H. Con. Res. 23--
Concurrent resolution expressing the sense of the Congress that the
current link between the levels of earnings allowed for blind
individuals entitled to disability insurance benefits and the exempt
amounts allowed for purposes of the Social Security earnings test
for individuals who have attained retirement age should be
maintained; to the Committee on Ways and Means.
Cosponsors added, [25JA], [1FE], [29FE]
H. Con. Res. 26--
Concurrent resolution expressing the sense of the Congress that a
postage stamp should be issued to honor the 100th anniversary of the
Jewish War Veterans of the United States of America; to the
Committee on Government Reform and Oversight.
Cosponsors added, [20MR], [28MR], [21MY], [4JN]
H. Con. Res. 31--
Concurrent resolution expressing the sense of the Congress that the
United States should support the efforts of Greece, in its
negotiations with the Former Yugoslav Republic of Macedonia, to find
a solution which promotes a solid, cooperative relationship between
these two neighboring countries and that the United States should
not establish formal diplomatic relations with the Former Yugoslav
Republic of Macedonia until this relationship is established; to the
Committee on International Relations.
Cosponsors added, [29FE]
H. Con. Res. 47--
Concurrent resolution honoring the memory of the victims of the Armenian
Genocide; to the Committee on International Relations.
Cosponsors added, [4JA], [1FE], [27FE], [6MR], [7MR], [14MR], [20MR],
[21MR], [27MR], [28MR], [29MR], [15AP], [16AP], [18AP], [23AP],
[25AP], [30AP], [7MY], [10MY], [14MY], [16MY], [21MY], [23MY],
[30MY], [4JN], [19JN]
H. Con. Res. 50--
Concurrent resolution concerning the protection and continued livelihood
of the Eastern Orthodox Ecumenical Patriarchate; to the Committee on
International Relations.
Cosponsors added, [23JA], [15AP], [16AP], [23AP], [30AP], [21MY],
[18JN], [5SE]
H. Con. Res. 51--
Concurrent resolution expressing the sense of the Congress relating to
the removal of Russian troops from Kaliningrad; to the Committee on
International Relations.
Cosponsors added, [24JA], [9FE], [27FE], [28FE], [13MR], [19MR],
[21MR], [24AP], [1MY], [14MY], [4JN], [11JN], [23JY], [5SE], [17SE],
[18SE]
Rules suspended. Agreed to in the House amended, [26SE]
H. Con. Res. 63--
Concurrent resolution relating to the Republic of China (Taiwan)'s
participation in the United Nations; to the Committee on
International Relations.
Cosponsors added, [22JA], [24JA], [1FE], [24JY], [25JY], [29JY],
[2AU], [11SE], [16SE], [18SE], [19SE], [4OC]
H. Con. Res. 73--
Concurrent resolution recognizing and commending American airmen held as
prisoners of war at the Buchenwald concentration camp during World
War II for their service, bravery, and fortitude; to the Committee
on Government Reform and Oversight.
Cosponsors added, [14MR]
H. Con. Res. 76--
Concurrent resolution expressing respect and affection for the flag of
the United States; to the Committee on the Judiciary.
Cosponsors added, [25SE]
H. Con. Res. 79--
Concurrent resolution expressing the sense of Congress regarding an
appropriate minimum length of stay for routine deliveries; to the
Committee on Commerce.
Cosponsors added, [27FE]
H. Con. Res. 83--
Concurrent resolution entitled, the ``English Plus Resolution''; to the
Committee on Economic and Educational Opportunities.
Cosponsors added, [6MR], [18AP], [25AP], [30AP], [5JN], [11JN],
[12JY], [23JY]
H. Con. Res. 95--
Concurrent resolution expressing the sense of Congress concerning
freedom of the press in Russia; to the Committee on International
Relations.
Cosponsors added, [25JA], [29MR], [7MY]
H. Con. Res. 100--
Concurrent resolution expressing the sense of Congress that the national
security policy of the United States should be based upon a national
strategy for peace through strength; to the Committee on
International Relations.
Cosponsors added, [22MR], [30MY], [30JY], [31JY], [2AU]
H. Con. Res. 102--
Concurrent resolution concerning the emancipation of the Iranian Baha'i
community; to the Committee on International Relations.
Cosponsors added, [29FE], [12MR], [21MR]
Considered under suspension of the rules, [26MR]
Rules suspended. Agreed to in the House, [27MR]
Agreed to in the Senate, [26JN]
H. Con. Res. 103--
Concurrent resolution expressing support for equal and fair access to
higher education in the Albanian language in the former Yugoslav
Republic of Macedonia; to the Committee on International Relations.
Cosponsors added, [1FE], [29FE], [13MR], [16AP], [19JN], [25JY]
H. Con. Res. 105--
Concurrent resolution expressing the sense of the Congress that States
should work more aggressively to attack the problem of violent
crimes committed by repeat offenders and criminals serving
abbreviated sentences; to the Committee on the Judiciary.
Cosponsors added, [17AP], [24AP]
H. Con. Res. 119--
Concurrent resolution supporting the commitments of the United States
announced at the United Nations Fourth World Conference on Women,
held in Beijing, China, in September 1995; to the Committee on
International Relations.
Cosponsors added, [12MR]
H. Con. Res. 120--
Concurrent resolution supporting the independence and sovereignty of
Ukraine and the progress of its political and economic reforms; to
the Committee on International Relations.
Cosponsors added, [29FE], [13MR], [24AP], [2AU], [4SE]
Rules suspended. Agreed to in the House amended, [4SE]
Agreed to in the Senate, [18SE]
H. Con. Res. 123--
Concurrent resolution to provide for the provisional approval of
regulations applicable to certain covered employing offices and
covered employees and to be issued by the Office of Compliance
before January 23, 1996; to the Committees on House Oversight;
Economic and Educational Opportunities, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Committee discharged. Agreed to in the Senate, [22JA]
H. Con. Res. 124--
Concurrent resolution expressing the sense of the Congress that the
President should suspend the proposed sale of the Army Tactical
Missile System to the Government of Turkey until that government
improves its human rights record and terminates its embargo of
Armenia and progress is made to resolve the conflict on Cyprus; to
the Committee on International Relations.
Cosponsors added, [4JA], [6MR], [6JN]
H. Con. Res. 125--
Concurrent resolution expressing the Sense of Congress that the
President should suspend the proposed sale of the Army Tactical
Missile System to the Government of the Republic of Turkey until
that government takes significant and concrete steps to end the
military occupation of Cyprus, lift its blockade of Armenia, cease
its ongoing campaign against the Kurdish people, and demonstrate
progress on the protection of human and civil rights within Turkey;
to the Committee on International Relations.
Cosponsors added, [27FE], [29FE], [7MR], [3JA]
H. Con. Res. 127--
Concurrent resolution expressing the sense of the Congress that Canada
should join the United States in promoting economic growth and job
creation by eliminating tolls along the St. Lawrence Seaway, and in
maximizing the free movement of goods and commerce through the
[[Page 2934]]
St. Lawrence Seaway; to the Committees on Transportation and
Infrastructure; International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
Cosponsors added, [30JA], [13FE], [8MR], [13MR], [21MR]
H. Con. Res. 128--
Concurrent resolution to establish a Commission on Women's Art in the
U.S. Capitol; to the Committee on House Oversight.
Cosponsors added, [15AP], [25JN], [25SE], [27SE]
H. Con. Res. 131--
Concurrent resolution establishing procedures making the transmission of
the continuing resolution (H.J. Res. 134) to the President
contingent upon the submission by the President of a 7-year balanced
budget using updated economic and technical assumptions of the
Congressional Budget Office; to the Committee on Rules.
By Mr. KASICH, [5JA]
Agreed to in the House (pursuant to H. Res. 336), [5JA]
Agreed to in the Senate, [3JA]
H. Con. Res. 132--
Concurrent resolution relating to the extradition of Martin Pang from
Brazil to the United States; to the Committee on International
Relations.
By Ms. DUNN of Washington, [5JA]
Rules suspended. Agreed to in the House amended, [24SE]
Agreed to in the Senate, [25SE]
H. Con. Res. 133--
Concurrent resolution providing for an adjournment of the two Houses.
By Mr. BOEHNER, [9JA]
Agreed to in the Senate, [10JA]
H. Con. Res. 134--
Concurrent resolution condemning the court-martial of Specialist Michael
New of the U.S. Army in response to his refusal to wear on his
military uniform the insignia of the United Nations and calling on
the President to vindicate this courageous young man, override his
conviction, and restore him to a place of honor in the Army; to the
Committee on National Security.
By Mr. BARTLETT of Maryland (for himself, Mr. Traficant, Mr.
Funderburk, Mr. Burton of Indiana, Mr. Crane, Mr. Herger, Mr.
Duncan, Mr. Coble, Mr. Packard, Mr. Taylor of North Carolina, Mr.
Hostettler, Mrs. Seastrand, Mr. Wamp, Mr. Stearns, and Mr.
Stockman), [25JA]
Cosponsors added, [30JA], [31JA], [1FE], [6FE], [13FE], [28FE], [7MR],
[22MR]
H. Con. Res. 135--
Concurrent resolution expressing the sense of the House of
Representatives concerning the political and human rights situation
in the Republic of Kenya; to the Committee on International
Relations.
By Mr. PORTER (for himself, Mr. Hinchey, Mr. Lipinski, Mr. Frank of
Massachusetts, Mr. Payne of New Jersey, Mr. Lantos, Mr. Engel, Mr.
DeFazio, Mr. Houghton, Mr. Reed, and Mr. Hastings of Florida),
[25JA]
Cosponsors added, [1FE], [29FE], [7MR], [17AP], [18JY], [11SE],
[27JN], [10JY], [27JN], [10JY]
H. Con. Res. 136--
Concurrent resolution expressing the sense of the Congress concerning
resolution of the conflict between the Government of Turkey and
Kurdish militants; to the Committee on International Relations.
By Mr. SMITH of New Jersey (for himself and Mr. Hoyer), [25JA]
Cosponsors added, [13MR], [17AP], [2AU], [25SE]
H. Con. Res. 137--
Concurrent resolution expressing the sense of Congress that mediators
should be used in discussions between Congress and the President to
produce a balanced budget; to the Committee on Government Reform and
Oversight.
By Mr. MINGE (for himself, Mr. Blute, Mr. Browder, Mr. Cramer, Mr.
Klug, Mr. Lipinski, Ms. McKinney, and Mr. Quinn), [31JA]
H. Con. Res. 138--
Concurrent resolution expressing the sense of the Congress regarding the
movement toward democracy by the 21 million people of the Republic
of China (Taiwan), and addressing the increasingly dangerous
behavior of the People's Republic of China; to the Committee on
International Relations.
By Mr. SOLOMON (for himself, Mr. Gilman, Mr. Lantos, Mr. Royce, Mr.
Rohrabacher, Mr. Cox, and Mr. Ackerman), [31JA]
Cosponsors added, [1FE], [29FE]
H. Con. Res. 139--
Concurrent resolution expressing the sense of the Congress that the
George Washington University is important to the Nation and urging
that the importance of the university be recognized and celebrated
through regular ceremonies; to the Committee on Economic and
Educational Opportunities.
By Mr. STEARNS, [31JA]
Cosponsors added, [13MR], [30AP], [9MY], [10MY]
H. Con. Res. 140--
Concurrent resolution expressing the sense of the Congress with respect
to the peace and security of Taiwan; to the Committee on
International Relations.
By Mr. TORRICELLI (for himself, Mr. Deutsch, Mr. Lantos, Mr. Ackerman,
Mr. Andrews, and Mr. Brown of Ohio), [31JA]
Cosponsors added, [29FE], [12MR], [13MR]
H. Con. Res. 141--
Concurrent resolution providing for the adjournment of the two Houses.
By Mr. SOLOMON, [1FE]
Agreed to in the House, [1FE]
H. Con. Res. 142--
Concurrent resolution regarding the human rights situation in
Mauritania, including the continued practice of chattel slavery; to
the Committee on International Relations.
By Mr. BEREUTER (for himself, Mr. Gilman, Mr. Gejdenson, Mr. Hastings
of Florida, Mr. Houghton, and Mr. Payne of New Jersey), [1FE]
Cosponsors added, [26JN]
Rules suspended. Agreed to in the House amended, [29JY]
H. Con. Res. 143--
Concurrent resolution expressing the sense of the Congress that the
President should award a medal of honor to Wayne T. Alderson in
recognition of acts performed at the risk of his life and beyond the
call of duty while serving in the U.S. Army during World War II; to
the Committee on National Security.
By Mr. DOYLE (for himself, Mr. Graham, Mr. Mascara, Mr. Largent, Mr.
Holden, Mr. McHale, Mr. Kanjorski, Mr. Fattah, Mr. Borski, and Mr.
Klink), [1FE]
H. Con. Res. 144--
Concurrent resolution expressing the sense of the Congress with regard
to the amount that should be appropriated for fiscal year 1996 for
federally assisted education programs and activities; to the
Committee on Economic and Education Opportunities.
By Mr. SAWYER (for himself, Mr. Bonior, Mr. Clay, Mr. Abercrombie, Mr.
Ackerman, Mr. Baesler, Mr. Baldacci, Mr. Barcia of Michigan, Mr.
Becerra, Mr. Beilenson, Mr. Bentsen, Mr. Bevill, Mr. Bishop, Mr.
Borski, Mr. Brewster, Ms. Brown of Florida, Mr. Brown of California,
Mr. Brown of Ohio, Mr. Cardin, Mr. Chapman, Mrs. Clayton, Mr.
Clement, Mr. Clyburn, Miss Collins of Michigan, Mrs. Collins of
Illinois, Mr. Coleman, Mr. Condit, Mr. Coyne, Ms. Danner, Mr.
DeFazio, Ms. DeLauro, Mr. Dingell, Mr. Dixon, Mr. Doggett, Mr.
Engel, Ms. Eshoo, Mr. Evans, Mr. Faleomavaega, Mr. Farr, Mr. Fattah,
Mr. Fazio of California, Mr. Ford, Mr. Frank of Massachusetts, Mr.
Frazer, Mr. Frost, Ms. Furse, Mr. Gejdenson, Mr. Pete Geren of
Texas, Mr. Gibbons, Mr. Gene Green of Texas, Mr. Gutierrez, Ms.
Harman, Mr. Hastings of Florida, Mr. Hefner, Mr. Hilliard, Mr.
Hinchey, Mr. Holden, Mr. Houghton, Mr. Hoyer, Mr. Jackson, Ms.
Jackson-Lee, Mr. Jacobs, Mr. Jefferson, Mr. Johnson of South Dakota,
Ms. Eddie Bernice Johnson of Texas, Mr. Johnston of Florida, Mr.
Kennedy of Massachusetts, Mr. Kennedy of Rhode Island, Mrs.
Kennelly, Mr. Kildee, Mr. Klink, Mr. Levin, Mr. Lewis of Georgia,
Mrs. Lincoln, Mr. Lipinski, Ms. Lofgren, Mr. McDermott, Ms.
McKinney, Mr. Markey, Mr. Martinez, Mr. Matsui, Mr. Meehan, Mrs.
Meek of Florida, Mr. Miller of California, Mr. Minge, Mrs. Mink of
Hawaii, Mr. Moakley, Mr. Moran, Ms. Norton, Mr. Oberstar, Mr. Olver,
Mr. Ortiz, Mr. Orton, Mr. Owens, Mr. Pastor, Mr. Payne of New
Jersey, Mr. Payne of Virginia, Ms. Pelosi, Mr. Peterson of
Minnesota, Mr. Peterson of Florida, Mr. Pickett, Mr. Poshard, Mr.
Rahall, Mr. Reed, Mr. Roemer, Mr. Romero-Barcelo, Ms. Roybal-Allard,
Mr. Rush, Mr. Sabo, Mr. Sanders, Mr. Scott, Mr. Serrano, Mr. Skaggs,
Ms. Slaughter, Mr. Stark, Mr. Stenholm, Mr. Stokes, Mr. Studds, Mr.
Stupak, Mr. Tanner, Mr. Thompson, Mrs. Thurman, Mr. Traficant, Mr.
Underwood, Ms. Velazquez, Mr. Vento, Ms. Waters, Mr. Watt of North
Carolina, Mr. Waxman, Mr. Williams, Mr. Wise, Ms. Woolsey, Mr. Wynn,
Ms. McCarthy, Mr. Luther, Mr. Costello, Mr. Spratt, Mr. Cramer, Mr.
Torres, Mr. Nadler, Mr. Menendez, Mr. Boucher, Ms. Rivers, Mr.
Dooley, Mr. Volkmer, Mr. Murtha, Mr. Pomeroy, Mr. Neal of
Massachusetts, Mr. Torricelli, Mr. Ward, Mr. Gonzalez, Mr. Dicks,
Mr. Skelton, Mr. Flake, Mr. McNulty, Mr. Durbin, Mr. Mollohan, Mr.
Kanjorski, Mr. Towns, Mr. Mascara, Mr. Montgomery, Mr. Hall of
Texas, Mr. de la Garza, Mr. Fields of Louisiana, Mr. Taylor of
Mississippi, Mr. Obey, Mr. Edwards, Mr. Deutsch, and Mr. Browder),
[1FE]
Cosponsors added, [27FE], [5MR], [6MR], [8MR], [14MR], [27MR]
H. Con. Res. 145--
Concurrent resolution concerning the removal of Russian Armed Forces
from Moldova; to the Committee on International Relations.
By Mr. SMITH of New Jersey (for himself, Mr. Wolf, Mr. Solomon, Mr.
Hoyer, and Mr. Durbin), [1FE]
Cosponsors added, [4MR], [13MR], [25MR], [15AP], [25AP], [4JN],
[10JN], [11JN], [5SE], [17SE], [24SE]
Rules suspended. Agreed to in the House, [26SE]
H. Con. Res. 146--
Concurrent resolution authorizing the 1996 Special Olympics Torch Relay
to be run through the Capitol Grounds; to the Committee on
Transportation and Infrastructure.
By Mr. GILCHREST, [5MR]
Reported (H. Rept. 104-487), [20MR]
Rules suspended. Agreed to in the House, [26MR]
Agreed to in the Senate, [26MR]
H. Con. Res. 147--
Concurrent resolution authorizing the use of the Capitol Grounds for the
15th annual National Peace Officers' Memorial Service; to the
Committee on Transportation and Infrastructure.
By Mr. TRAFICANT, [5MR]
Reported (H. Rept. 104-488), [20MR]
Rules suspended. Agreed to in the House, [26MR]
Agreed to in the Senate, [26MR]
H. Con. Res. 148--
Concurrent resolution expressing the sense of the Congress that the
United States is committed to the military stability of the Taiwan
Straits and United States military forces should defend Taiwan in
the event of invasion, missile attack, or blockade by the People's
Republic of China; to the Committee on International Relations.
By Mr. COX (for himself, Mr. Gilman, Mr. Spence, Mr. Gingrich, Mr.
Armey, Mr. DeLay, Mr. Boehner, Ms. Molinari, Mrs. Vucanovich, Mr.
Nussle, Mr. Lantos, Mr. Solomon, Mr. Torricelli, Mr. Deutsch, Mr.
Andrews, Mr. Baker of California, Mr. Ballenger, Mr. Barton of
Texas, Mr. Bereuter, Mr. Boehlert, Mr. Bono, Mr. Brewster, Ms. Brown
of Florida, Mr. Brown of Ohio, Mr. Bunning of Kentucky, Mr. Burton
of Indiana, Mr. Buyer, Mr. Calvert, Mr. Campbell, Mr. Chabot, Mr.
Chambliss, Mrs. Chenoweth, Mr. Clinger, Mr. Collins of Georgia, Mr.
Condit, Mr. Diaz-Balart, Mr. Doolittle, Mr. Dornan, Mr. English of
Pennsylvania, Ms. Eshoo, Mr. Ewing, Mr. Faleomavaega, Mr. Foley, Mr.
Frelinghuysen, Mr. Funderburk, Mr. Pete Geren of Texas, Mr. Gillmor,
Mr. Goodling, Mr. Goss, Mr. Greenwood, Mr. Gutknecht, Mr. Hastert,
Mr. Hastings of Washington, Mr. Hyde, Mr. Sam Johnson, Mr. Kingston,
Mr. Knollenberg, Mr. Kolbe, Mr. Levin, Mr. McInnis, Mr. McIntosh,
Mr. McKeon, Mr. Metcalf, Mr. Miller of Florida, Mr. Payne of New
Jersey, Ms. Pelosi, Mr. Porter, Mr. Rohrabacher, Ms. Ros-Lehtinen,
Mr. Royce, Mr. Salmon, Mr. Scarborough, Mrs. Seastrand, Mr. Smith of
New Jersey, Mr. Souder, Mr. Stearns, Mr. Talent,
[[Page 2935]]
Mr. Torkildsen, Mr. Underwood, Mr. Walker, Mr. Weldon of Florida,
Mr. Weller, and Mr. Zimmer), [7MR]
Cosponsors added, [13MR], [14MR], [19MR]
Rules suspended. Agreed to in the House amended, [19MR]
Agreed to in the Senate, [21MR]
H. Con. Res. 149--
Concurrent resolution condemning terror attacks in Israel; to the
Committee on International Relations.
By Mr. GILMAN (for himself, Mr. Lantos, Mr. Abercrombie, Mr. Barrett
of Wisconsin, Mr. Bateman, Mr. Beilenson, Mr. Berman, Mr. Bereuter,
Mr. Bilbray, Mr. Bliley, Mr. Boehlert, Mr. Borski, Mr. Brown of
Ohio, Mr. Canady, Mr. Coyne, Mr. Deutsch, Mr. Doyle, Mr. Diaz-
Balart, Mr. Dornan, Ms. Dunn of Washington, Mr. Durbin, Mr. Engel,
Mr. English of Pennsylvania, Mr. Forbes, Mr. Fox, Mr. Franks of
Connecticut, Mr. Frelinghuysen, Mr. Frisa, Mr. Frost, Mr. Gordon,
Mr. Greenwood, Mr. Gunderson, Ms. Harman, Mr. Hastings of Florida,
Mr. Holden, Mr. Hostettler, Mr. Hoyer, Mr. Hutchinson, Mrs.
Kennelly, Mr. King, Mr. Kleczka, Mr. Klug, Mr. Lazio of New York,
Mr. LoBiondo, Mr. Longley, Mrs. Lowey, Mr. Matsui, Mr. McCollum, Mr.
McDade, Mr. McInnis, Mr. Meehan, Mr. Metcalf, Mrs. Meyers of Kansas,
Mrs. Morella, Mr. Neal of Massachusetts, Mr. Nethercutt, Mr. Olver,
Mr. Orton, Mr. Payne of Virginia, Ms. Pryce, Mr. Ramstad, Mrs.
Roukema, Mr. Salmon, Mr. Sanford, Mr. Saxton, Mr. Sawyer, Mrs.
Schroeder, Mr. Schumer, Mr. Shaw, Mr. Smith of Texas, Mr. Souder,
Mr. Tejeda, Mr. Underwood, Mr. Chabot, Mrs. Meek of Florida, Mr.
Ackerman, Mr. Bunn of Oregon, Mr. Kim, Mr. Knollenberg, Mr.
Torkildsen, and Mr. Torricelli), [7MR]
Rules suspended. Agreed to in the House amended, [12MR]
Cosponsors added, [12MR]
H. Con. Res. 150--
Concurrent resolution authorizing the use of the Capitol Grounds for an
event sponsored by the Specialty Equipment Market Association; to
the Committee on Transportation and Infrastructure.
By Mr. CHRYSLER, [7MR]
Rules suspended. Agreed to in the House amended, [7MY]
H. Con. Res. 151--
Concurrent resolution recognizing the importance of African-American
music to global culture and calling on the people of the United
States to study, reflect on, and celebrate African-American music;
to the Committee on Economic and Educational Opportunities.
By Mr. FATTAH (for himself, Mr. Hilliard, Mrs. Meek of Florida, Mr.
Jefferson, Mr. Gordon, Ms. Norton, Mr. English of Pennsylvania, Mr.
Dellums, Mr. Foglietta, Mr. Hinchey, Ms. Eddie Bernice Johnson of
Texas, Mr. Gonzalez, Ms. Jackson-Lee, Mr. Kleczka, Mr. Klink, Mr.
Pastor, Mrs. Collins of Illinois, Mr. Barrett of Wisconsin, Mr.
Coyne, Mr. Clinger, Mr. Underwood, Mr. Quinn, Mrs. Clayton, Mr. Fox,
Mr. Owens, Mr. Frazer, Mr. Rush, Mr. Towns, Mr. Jacobs, Mr.
Thompson, Ms. McKinney, Mr. Hastings of Florida, Mr. Clyburn, Mr.
Payne of New Jersey, Mr. Clement, Mr. Gutierrez, Mr. Abercrombie,
Mr. Nadler, Mr. Conyers, Ms. Lofgren, Mr. Horn, Mr. Stokes, Mr.
Brown of California, Mr. Flake, Mr. Bonior, Mr. Frost, Mr. Bryant of
Texas, Mr. Kildee, Mr. Wynn, Mr. Richardson, Mr. Fields of
Louisiana, Mr. Lewis of Georgia, Ms. Waters, Mr. Scott, Mr. Dixon,
Mr. Lipinski, and Mr. Engel), [12MR]
Cosponsors added, [13MR], [18MR], [20MR], [15AP], [30AP], [9MY],
[22MY], [13JN], [26JY]
H. Con. Res. 152--
Concurrent resolution expressing the sense of Congress that legislation
containing a cross-border fee for vehicles and pedestrians entering
the United States from Canada or Mexico is unwise and should not be
enacted; to the Committee on the Judiciary.
By Mr. SANDERS (for himself, Mr. LaFalce, and Mr. Metcalf), [14MR]
Cosponsors added, [28MR], [24AP]
H. Con. Res. 153--
Concurrent resolution authorizing the use of the Capitol Grounds for the
Greater Washington Soap Box Derby; to the Committee on
Transportation and Infrastructure.
By Mr. HOYER (for himself, Mrs. Morella, Mr. Wynn, Ms. Norton, Mr.
Wolf, Mr. Moran, and Mr. Davis), [22MR]
Reported (H. Rept. 104-589), [21MY]
Rules suspended. Agreed to in the House, [10JN]
Agreed to in the Senate, [21JN]
H. Con. Res. 154--
Concurrent resolution to congratulate the Republic of China on Taiwan on
the occasion of its first Presidential democratic election; to the
Committee on International Relations.I03By Mr. FUNDERBURK (for
himself, Mr. Smith of New Jersey, Mr. Scarborough, Mr. Graham, Mr.
Hilleary, Mr. Jones, Mr. Cox, Mr. Foley, Mr. Gutknecht, Mrs.
Chenoweth, Mr. Underwood, Mr. Salmon, Ms. Pelosi, Mr. Bono, Mr.
Burton of Indiana, Mr. Solomon, Ms. Brown of Florida, Mr. Hastings
of Washington, Mr. Baker of California, Mr. Pombo, Mr. Cooley, Mr.
Ehrlich, Mr. Coble, Mrs. Cubin, Mr. Istook, Mr. Brewster, Mr. Buyer,
and Mr. Rohrabacher), [26MR]
Cosponsors added, [18AP], [23AP], [30AP], [2MY], [7MY], [9MY], [15MY],
[21MY]
Rules suspended. Agreed to in the House amended, [21MY]
H. Con. Res. 155--
Concurrent resolution concerning human and political rights and in
support of a resolution of the crisis in Kosova; to the Committee on
International Relations.
By Mr. ENGEL (for himself, Ms. Molinari, Mr. Lantos, Mr. Porter, Mr.
Levin, Mr. King, Mr. Torricelli, Mr. Moran, Mrs. Kelly, Mr. Bonior,
Mr. Miller of California, and Mr. Rohrabacher), [27MR]
Cosponsors added, [28MR], [2MY], [20MY], [23MY]
Rules suspended. Agreed to in the House amended, [29JY]
H. Con. Res. 156--
Concurrent resolution expressing the sense of the Congress regarding
research on the human papillomavirus and its relation to cervical
cancer; to the Committee on Commerce.
By Ms. DeLAURO, [27MR]
Cosponsors added, [16AP], [18AP], [25AP], [30AP], [16MY], [4JN],
[11JN], [13JN]
H. Con. Res. 157--
Concurrent resolution providing for an adjournment or recess of the two
Houses.
By Mr. ARMEY, [29MR]
Agreed to in the House, [29MR]
Agreed to in the Senate, [29MR]
H. Con. Res. 158--
Concurrent resolution instructing the Architect of the Capitol to
recommend measures to recognize, through the National Statuary Hall,
the ongoing contributions of all American citizens, including women;
to the Committee on House Oversight.
By Mr. BROWDER, [29MR]
Cosponsors added, [17AP]
H. Con. Res. 159--
Concurrent resolution expressing the sense of the Congress that the
heroism of the brave and gallant Puerto Ricans in the 65th Infantry
Regiment of the United States Army who fought in the Korean conflict
should be commemorated; to the Committees on Veterans' Affairs;
National Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Ms. VELAZQUEZ (for herself, Mr. Gutierrez, Mrs. Kennelly, Mr.
Kennedy of Massachusetts, Mr. Serrano, Mr. Menendez, Ms. Roybal-
Allard, Ms. Ros-Lehtinen, and Mr. Underwood), [29MR]
H. Con. Res. 160--
Concurrent resolution congratulating the people of the Republic of
Sierra Leone on the success of their recent democratic multiparty
elections; to the Committee on International Relations.
By Mr. HOUGHTON (for himself, Mr. Watt of North Carolina, Mr. Chabot,
Mr. Ackerman, Mr. Payne of New Jersey, Mr. Hastings of Florida, Mr.
Engel, and Mr. Frazer), [15AP]
Cosponsors added, [16AP], [30AP], [6MY], [7MY], [8MY], [16MY], [20MY],
[21MY]
Rules suspended. Agreed to in the House, [21MY]
Agreed to in the Senate, [28JN]
H. Con. Res. 161--
Concurrent resolution authorizing the use of the Capitol Grounds for the
Washington for Jesus 1996 prayer rally; to the Committee on
Transportation and Infrastructure.
By Mr. STOCKMAN, [15AP]
H. Con. Res. 162--
Concurrent resolution recommending the entities which were instrumental
in developing the ``Friday Night Live'' and ``Club Live'' programs
and which have created, are operating, and are working to expand the
``Rotary Life Club'' program; to the Committee on Economic and
Educational Opportunities.
By Mr. MILLER of California, [16AP]
H. Con. Res. 163--
Concurrent resolution expressing the sense of Congress that March 25 be
recognized as the anniversary of the Proclamation of Belarusan
Independence, expressing concern over the Belarusan Government's
infringement on freedom of the press in direct violation of the
Helsinki Accords and the Constitution of Belarus, and expressing
concern about the proposed union between Russia and Belarus; to the
Committee on International Relations.
By Mr. PALLONE, [17AP]
Cosponsors added, [21MY], [5JN], [25JN]
H. Con. Res. 164--
Concurrent resolution honoring the national organization of Future
Business Leaders of America--Phi Beta Lambda; to the Committee on
Economic and Educational Opportunities.
By Mr. BREWSTER (for himself, Mr. Burr, Mr. Franks of New Jersey, Mr.
Frazer, Mr. Frost, Mr. Waxman, Mr. Watts of Oklahoma, and Mr.
Coburn), [18AP]
Cosponsors added, [22MY], [18JY], [27SE]
H. Con. Res. 165--
Concurrent resolution saluting and congratulating Polish people around
the world as, on May 3, 1996, they commemorate the 205th anniversary
of the adoption of Poland's first constitution; to the Committees on
International Relations; Government Reform and Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. QUINN (for himself, Mr. Borski, Mr. Flanagan, Mr. Kleczka, Mr.
Hoke, and Mr. Johnson of Connecticut), [18AP]
Cosponsors added, [29AP], [1MY], [7MY], [8MY]
Rules suspended. Agreed to in the House, [21MY]
H. Con. Res. 166--
Concurrent resolution authorizing the use of the Capitol Grounds for the
Washington for Jesus 1996 prayer rally; to the Committee on
Transportation and Infrastructure.
By Mr. STOCKMAN, [18AP]
Rules suspended. Agreed to in the House, [23AP]
Agreed to in the Senate, [25AP]
H. Con. Res. 167--
Concurrent resolution recognizing the 10th anniversary of the Chornobyl
nuclear disaster, and supporting the closing of the Chornobyl
nuclear power plant; to the Committee on International Relations.
By Mr. SMITH of New Jersey (for himself, Mr. Gilman, Mr. Wolf, Mr.
Cardin, Mr. Markey, Mr. Salmon, Mr. Torricelli, Mr. Levin, Mr.
Bonior, Mr. Durbin, and Mr. Gutierrez), [24AP]
Cosponsors added, [7MY], [16MY]
Rules suspended. Agreed to in the House, [21MY]
H. Con. Res. 168--
Concurrent resolution calling upon the members of the Army Reserve to
wear army uniforms on April 23 each year and calling upon the
American people to remember the members of the Army Reserve and
those who support them; to the Committee on National Security.
By Mr. LEWIS of Kentucky (for himself and Mr. Montgomery), [30AP]
H. Con. Res. 169--
Concurrent resolution expressing the sense of the Congress that the 1996
annual report of the Board of Trustees of the Federal hospital
insurance trust fund be submitted without
[[Page 2936]]
further delay; to the Committee on Ways and Means.
By Mr. SHAYS (for himself, Mr. McCrery, Mr. Hayes, Mr. Upton, Mr.
Herger, Mr. Doolittle, Mr. Gutknecht, Mr. Neumann, Mr. Smith of
Michigan, Mr. Blute, Mrs. Myrick, Mr. Hoke, Mr. Bachus, Mr.
Stockman, Mr. Mica, Mr. McIntosh, Mr. Thornberry, Mr. Houghton, Mrs.
Kelly, Ms. Dunn of Washington, Mr. Canady, Mr. Sam Johnson, Mr.
Parker, Mr. Kolbe, Mr. Riggs, Mr. Wolf, Mr. Hobson, Mr. Fox, Mr.
Lazio of New York, Mr. Klug, Mr. Walker, Mr. Dickey, Mr. Souder, Mr.
Tate, Mr. Davis, Mr. Nussle, Mrs. Morella, Mr. Forbes, Mr. Frisa,
Mr. Brownback, Mr. Taylor of North Carolina, Mr. Linder, Mrs. Cubin,
Mr. Coble, Mr. Stearns, Mrs. Roukema, Mr. Boehlert, Mr. Smith of New
Jersey, Mr. Flanagan, Mr. Hastings of Washington, Mr. LoBiondo, Mr.
Horn, Mr. Martini, Mr. Quinn, Mr. English of Pennsylvania, Mrs.
Johnson of Connecticut, Mr. Goodling, Mr. Porter, Mr. Graham, Mr.
Gilchrest, Mr. Camp, Mr. Cunningham, Mr. Saxton, Mr. Lewis of
Kentucky, Mr. Ganske, Mr. Goodlatte, Mr. Diaz-Balart, Ms. Greene of
Utah, Mr. Lucas, Mr. Shadegg, Mr. Longley, Mr. Bartlett of Maryland,
Mr. Zeliff, Mr. Gilman, and Mr. Ney), [1MY]
Cosponsors added, [7MY], [9MY], [21MY], [5JN]
H. Con. Res. 170--
Concurrent resolution providing a sense of Congress that the
Congressional Budget Office and the Joint Committee on Taxation
should use dynamic economic modeling in addition to static economic
modeling in the preparation of budgetary estimates of proposed
changes in Federal revenue law; to the Committees on the Budget;
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. CAMPBELL (for himself, Mr. Armey, Mr. Saxton, Mr. Sanford, Mr.
Thornberry, Mr. Ewing, Mr. Manzullo, Mr. Shays, Mr. Horn, and Mr.
Cunningham), [2MY]
Cosponsors added, [19JN]
H. Con. Res. 171--
Concurrent resolution condemning the proposed relocation to the site of
the Jasenovac death camp in Croatia of the remains of individuals
who were not killed there, including soldiers of the Croatian
Ustashe regime who participated during the Holocaust in the mass
murder of Jews and others; to the Committee on International
Relations.
By Mr. KENNEDY of Rhode Island (for himself, Mr. Yates, Mr. Lantos,
Mr. Regula, and Mr. LaTourette), [2MY]
H. Con. Res. 172--
Concurrent resolution authorizing the 1996 Summer Olympic Torch Relay to
be run through the Capitol Grounds, and for other purposes; to the
Committee on Transportation and Infrastructure.
By Mr. GINGRICH, [7MY]
Reported (H. Rept. 104-608), [6JN]
Rules suspended. Agreed to in the House, [10JN]
Agreed to in the Senate amended, [11JN]
House agreed to Senate amendment, [12JN]
H. Con. Res. 173--
Concurrent resolution expressing the sense of the Congress that a
postage stamp should be issued in recognition of the services
rendered by this Nation's volunteer firefighters; to the Committee
on Government Reform and Oversight.
By Mr. FORBES, [9MY]
Cosponsors added, [10JN], [18JN], [24JN], [16JY], [16SE], [4OC],
[10JY]
H. Con. Res. 174--
Concurrent resolution establishing the congressional budget for the U.S.
Government for fiscal year 1997 and setting forth appropriate
budgetary levels for fiscal years 1998, 1999, 2000, 2001, and 2002;
to the Committee on the Budget.
By Mr. NEUMANN, [9MY]
H. Con. Res. 175--
Concurrent resolution expressing the intention of the Congress with
respect to the collection of fees or other payments from the
allocation of toll-free telephone numbers; to the Committee on
Commerce.
By Mr. FRISA (for himself, Mr. King, Mr. Tauzin, Mr. Coburn, Mr.
Fields of Texas, Mr. Klink, and Mr. Weller), [10MY]
Cosponsors added, [16MY], [25JN], [22JY], [24JY], [19SE], [12JN]
H. Con. Res. 176--
Concurrent resolution expressing the sense of the Congress concerning
the maltreatment of United States military and civilian prisoners by
the Japanese during World War II; to the Committees on International
Relations; Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. DORNAN (for himself, Mr. Stump, Ms. Lofgren, and Mr.
Bilirakis), [10MY]
Cosponsors added, [11SE]
H. Con. Res. 177--
Concurrent resolution expressing the sense of the Congress that family
members and others should support all individuals affected by breast
cancer; to the Committee on Commerce.
By Mr. ZELIFF, [10MY]
Cosponsors added, [19JN]
H. Con. Res. 178--
Concurrent resolution establishing the congressional budget for the U.S.
Government for fiscal year 1997 and setting forth appropriate
budgetary levels for fiscal years 1998, 1999, 2000, 2001, and 2002.
By Mr. KASICH, [14MY]
Reported (H. Rept. 104-575), [14MY]
Considered, [15MY]
Agreed to in the House, [16MY]
Agreed to in the Senate amended (text of S. Con. Res. 57 inserted in
lieu), [23MY]
Senate insisted on its amendment and asked for a conference, [23MY]
House disagreed to Senate amendment and agreed to a conference.
Conferees appointed, [30MY]
Conference report submitted in the House (H. Rept. 104-612), [7JN]
House agreed to conference report, [12JN]
Senate agreed to conference report, [13JN]
H. Con. Res. 179--
Concurrent resolution to express the sense of the Congress that Buddhist
monks and civilians and Roman Catholic monks and priests unlawfully
detained by the Government of the Socialist Republic of Vietnam
should be released; to the Committee on International Relations.
By Mr. STOCKMAN, [16MY]
Cosponsors added, [8JY], [9JY], [11JY], [24JY], [29JY], [27JN]
H. Con. Res. 180--
Concurrent resolution commending the Americans who served the United
States during the period known as the cold war; to the Committees on
National Security; International Relations; Intelligence (Permanent
Select), for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. LAZIO of New York (for himself, Mr. DeLay, Mr. Spence, Mr.
Stump, and Mr. Parker), [22MY]
Cosponsors added, [12JY], [11SE]
Reported with amendment (H. Rept. 104-804, part 1), [17SE]
Referral to the Committees on International Relations; Intelligence
(Permanent Select) extended, [17SE]
Committees discharged, [17SE]
Rules suspended. Agreed to in the House amended, [26SE]
H. Con. Res. 181--
Concurrent resolution expressing the sense of Congress that the
Secretary of Agriculture should dispose of all remaining commodities
in the disaster reserve maintained under the Agricultural Act of
1970 to relieve the distress of livestock producers whose ability to
maintain livestock is adversely affected by the prolonged drought
conditions existing in certain areas of the United States; to the
Committee on Agriculture.
By Mr. BARRETT of Nebraska (for himself, Mr. Emerson, and Mr. Lucas),
[23MY]
Cosponsors added, [30MY], [4JN]
Rules suspended. Agreed to in the House amended, [4JN]
H. Con. Res. 182--
Concurrent resolution expressing the sense of the Congress regarding the
need for the President to seek the Senate's advice and consent for
ratification of the 1994 Inter-American Convention on the
Prevention, Punishment, and Eradication of Violence Against Women;
to the Committee on International Relations.
By Mr. TORRES (for himself, Ms. Roybal-Allard, Ms. Eshoo, Mrs. Mink of
Hawaii, Mr. Becerra, Mrs. Clayton, Mr. Porter, Mrs. Roukema, and Mr.
Horn), [6JN]
H. Con. Res. 183--
Concurrent resolution condemning the recent rash of arson against
African-American churches across the United States, pledging to
assist law enforcement authorities in apprehending the persons
responsible for such acts of arson, supporting bipartisan
legislation which would facilitate the prosecution of arsonists and
create more severe penalties for arson against houses of worship,
and encouraging the people of the United States to work in their
communities to prevent future acts of arson against African-American
churches; to the Committee on the Judiciary.
By Mrs. CLAYTON (for herself, Mr. Bonior, Mr. Richardson, Ms. DeLauro,
Mr. King, Mr. Payne of New Jersey, Mr. Sanders, Mr. Ward, Mr.
Frazer, Mr. Ford, Mr. Browder, Mr. Norwood, Mr. Hilliard, Mr.
Hinchey, Mr. Owens, Mr. Hall of Ohio, Mr. Fields of Louisiana, Mr.
Meehan, Mr. Frost, Mr. Hastings of Florida, Mrs. Maloney, Mr.
Lantos, Mr. Dellums, Mr. Franks of Connecticut, Mr. Waxman, Mr.
Clyburn, Mrs. Myrick, Mr. Abercrombie, Mr. Farr, Mr. Jackson, Mr.
Gilchrest, Ms. Norton, Ms. Woolsey, Ms. Furse, Ms. Eshoo, Mr.
Pallone, Mrs. Thurman, Mrs. Kennelly, Mr. Shays, Mr. Clay, Ms.
Jackson-Lee, Ms. Kaptur, Mr. Watt of North Carolina, Mr. Foglietta,
Mr. Thompson, Mr. Miller of California, Mr. Lewis of Georgia, Ms.
Pelosi, Ms. Roybal-Allard, Mr. Wynn, Mr. Edwards, Mr. Clement, Mrs.
Schroeder, Miss Collins of Michigan, Mr. Rush, Mr. Torricelli, Mr.
Stokes, Mr. Rose, Mr. Cummings, Mr. Hefner, Mr. Talent, Mrs. Meek of
Florida, Mr. Flake, Ms. Pryce, Mr. Serrano, Mr. Bishop, Mr. Fattah,
Ms. Slaughter, Ms. Rivers, Mr. Nadler, Mr. Frank of Massachusetts,
Ms. Velazquez, Ms. Waters, Mrs. Collins of Illinois, Mr. Stark, and
Mr. Barrett of Wisconsin), [11JN]
Cosponsors added, [18JN]
H. Con. Res. 184--
Concurrent resolution expressing the sense of the Congress with respect
to pediatric and adolescent AIDS; to the Committee on Commerce.
By Mr. SERRANO (for himself, Mr. Studds, Mr. Hilliard, Mr. Yates, Mr.
McDermott, Ms. Velazquez, Mr. Hinchey, Mr. Frost, Mr. Green of
Texas, Ms. Pelosi, Mr. Romero-Barcelo, Mr. Waxman, Ms. Jackson-Lee,
Mr. Miller of California, Mr. Dellums, Mr. Johnston of Florida, Mr.
Gonzalez, Mr. Pallone, Mr. Towns, Mr. Ackerman, Mr. Filner, Mr.
Stokes, Mr. Cummings, Mr. Martinez, Mrs. Maloney, Mrs. Meek of
Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Manton, Mr. Owens,
and Mr. Nadler), [12JN]
Cosponsors added, [27JN]
H. Con. Res. 185--
Concurrent resolution expressing the sense of the Congress that Members
should understand and use the Internet to improve the democratic
process, communicate with the Internet community; to the Committee
on House Oversight.
By Mr. WHITE (for himself and Mr. Boucher), [13JN]
Cosponsors added, [16JY], [23JY]
H. Con. Res. 186--
Concurrent resolution expressing the sense of Congress with respect to
recent church burnings; to the Committee on the Judiciary.
By Mr. WATTS of Oklahoma (for himself, Mrs. Clayton, Mr. Hyde, Mr.
Laughlin, Mr. Wicker, Mr. Largent, Mr. Bonilla, Mrs. Myrick, Mr.
Hall of Texas, Mr. Peterson of Minnesota, Mr. English of
Pennsylvania, Mr. Heineman, Mr. Norwood, Mr. Hutchinson, Mr. Condit,
Mr. Baesler, Mr. Wamp, Mr. Fields of Texas, Mr. Souder, Mr.
Hilleary, Mr. Archer, Mr. Talent, Ms. Jackson-Lee, Mr. Graham, Mr.
Bonior, Mr. Richardson, Ms. DeLauro, Mr. King, Mr. Payne of New
Jersey, Mr. Sanders,
[[Page 2937]]
Mr. Ward, Mr. Frazer, Mr. Ford, Mr. Browder, Mr. Hilliard, Mr.
Hinchey, Mr. Owens, Mr. Hall of Ohio, Mr. Fields of Louisiana, Mr.
Meehan, Mr. Frost, Mr. Hastings of Florida, Mrs. Maloney, Mr.
Lantos, Mr. Dellums, Mr. Franks of Connecticut, Mr. Waxman, Mr.
Clyburn, Mr. Abercrombie, Mr. Farr, Mr. Jackson, Mr. Gilchrest, Ms.
Norton, Ms. Woolsey, Ms. Furse, Ms. Eshoo, Mr. Pallone, Mrs.
Thurman, Mrs. Kennelly, Mr. Shays, Mr. Clay, Ms. Kaptur, Mr. Watt of
North Carolina, Mr. Foglietta, Mr. Thompson, Mr. Miller of
California, Mr. Lewis of Georgia, Ms. Pelosi, Ms. Roybal-Allard, Mr.
Wynn, Mr. Edwards, Mr. Clement, Mrs. Schroeder, Miss Collins of
Michigan, Mr. Rush, Mr. Torricelli, Mr. Stokes, Mr. Rose, Mr.
Cummings, Mr. Hefner, Mrs. Meek of Florida, Mr. Flake, Ms. Pryce,
Mr. Serrano, Mr. Bishop, Mr. Fattah, Ms. Slaughter, Ms. Rivers, Mr.
Nadler, Mr. Frank of Massachusetts, Ms. Velazquez, Ms. Waters, Mrs.
Collins of Illinois, Mr. Stark, Mr. Barrett of Wisconsin, Mr.
Sanford, Mr. Armey, Mr. Zeliff, Mr. Baker of California, Mr.
Stockman, Mr. Paxon, Mr. Shadegg, Mr. Ensign, and Mr. Coburn),
[13JN]
H. Con. Res. 187--
Concurrent resolution expressing the sense of Congress with respect to
recent church burnings; to the Committee on the Judiciary.
By Mr. WATTS of Oklahoma (for himself, Mrs. Clayton, Mr. Hyde, Mr.
Laughlin, Mr. Wicker, Mr. Largent, Mr. Bonilla, Mrs. Myrick, Mr.
Hall of Texas, Mr. Peterson of Minnesota, Mr. English of
Pennsylvania, Mr. Heineman, Mr. Norwood, Mr. Hutchinson, Mr. Condit,
Mr. Baesler, Mr. Wamp, Mr. Fields of Texas, Mr. Souder, Mr.
Hilleary, Mr. Archer, Mr. Talent, Ms. Jackson-Lee, Mr. Graham, Mr.
Bonior, Mr. Richardson, Ms. DeLauro, Mr. King, Mr. Payne of New
Jersey, Mr. Sanders, Mr. Ward, Mr. Frazer, Mr. Ford, Mr. Browder,
Mr. Hilliard, Mr. Hinchey, Mr. Owens, Mr. Hall of Ohio, Mr. Fields
of Louisiana, Mr. Meehan, Mr. Frost, Mr. Hastings of Florida, Mrs.
Maloney, Mr. Lantos, Mr. Dellums, Mr. Franks of Connecticut, Mr.
Waxman, Mr. Clyburn, Mr. Abercrombie, Mr. Farr, Mr. Jackson, Mr.
Gilchrest, Ms. Norton, Ms. Woolsey, Ms. Furse, Ms. Eshoo, Mr.
Pallone, Mrs. Thurman, Mrs. Kennelly, Mr. Shays, Mr. Clay, Ms.
Kaptur, Mr. Watt of North Carolina, Mr. Foglietta, Mr. Thompson, Mr.
Miller of California, Mr. Lewis of Georgia, Ms. Pelosi, Ms. Roybal-
Allard, Mr. Wynn, Mr. Edwards, Mr. Clement, Mrs. Schroeder, Miss
Collins of Michigan, Mr. Rush, Mr. Torricelli, Mr. Stokes, Mr. Rose,
Mr. Cummings, Mr. Hefner, Mrs. Meek of Florida, Mr. Flake, Ms.
Pryce, Mr. Serrano, Mr. Bishop, Mr. Fattah, Ms. Slaughter, Ms.
Rivers, Mr. Nadler, Mr. Frank of Massachusetts, Ms. Velazquez, Ms.
Waters, Mrs. Collins of Illinois, Mr. Stark, Mr. Barrett of
Wisconsin, Mr. Sanford, Mr. Armey, Mr. Zeliff, Mr. Baker of
California, Mr. Stockman, Mr. Paxon, Mr. Shadegg, Mr. Ensign, Mr.
Coburn, Mr. Tiahrt, Mr. Inglis of South Carolina, and Mr. Roemer),
[13JN]
Committee discharged. Agreed to in the House, [13JN]
H. Con. Res. 188--
Concurrent resolution expressing the sense of the Congress with respect
to increasing political oppression in Burma; to the Committee on
International Relations.
By Mr. ROHRABACHER, [13JN]
H. Con. Res. 189--
Concurrent resolution expressing the sense of the Congress regarding the
importance of U.S. membership in regional South Pacific
organizations; to the Committee on International Relations.
By Mr. GILMAN (for himself, Mr. Bereuter, Mr. Faleomavaega, and Mr.
Berman), [18JN]
Rules suspended. Agreed to in the House amended, [26SE]
H. Con. Res. 190--
Concurrent resolution urging the Government of Syria to withdraw its
armed forces from Lebanon; to the Committee on International
Relations.
By Mr. ENGEL (for himself, Mr. Ackerman, Mr. Andrews, Mr. Berman, Mr.
Burton of Indiana, Mr. Chabot, Mr. Deutsch, Mr. Dornan, Mr. Forbes,
Mr. Frank of Massachusetts, Mr. Gejdenson, Mr. Hastings of Florida,
Mr. Kildee, Mr. King, Mr. Knollenberg, Mr. LaHood, Mr. Lantos, Mr.
Levin, Mrs. Lowey, Mr. McCollum, Mr. McNulty, Ms. Molinari, Ms. Ros-
Lehtinen, Mr. Saxton, and Mr. Torricelli), [19JN]
Cosponsors added, [20JN], [9JY], [11JY], [17JY], [24JY], [30JY],
[27SE], [28SE], [27JN]
H. Con. Res. 191--
Concurrent resolution to recognize and honor the Filipino World War II
veterans for their defense of democratic ideals and their important
contribution to the outcome of World War II; to the Committee on
International Relations.
By Mr. GILMAN (for himself, Mr. Filner, Mr. Stump, Mr. Montgomery, Mr.
Solomon, Mr. Dornan, Mr. Campbell, Mr. Bilbray, Mr. Flanagan, Mr.
Talent, Ms. Pelosi, Mr. Abercrombie, Mrs. Mink of Hawaii, Mr. Evans,
Mr. Miller of California, and Mr. Gutierrez), [20JN]
Cosponsors added, [11JY], [22JY]
Rules suspended. Agreed to in the House amended, [29JY]
H. Con. Res. 192--
Concurrent resolution providing for an adjournment of both Houses.
By Mr. DIAZ-BALART, [27JN]
Agreed to in the House, [27JN]
Agreed to in the Senate, [27JN]
H. Con. Res. 193--
Concurrent resolution expressing the sense of the Congress that the cost
of Government spending and regulatory programs should be reduced so
that American families will be able to keep more of what they earn;
to the Committee on Government Reform and Oversight.
By Mr. DeLay (for himself, Mr. Ballenger, Mr. Boehner, Mr. Bliley, Mr.
Burr, Mr. Chambliss, Mr. Clinger, Mr. Crapo, Mr. Cunningham, Mr.
Ewing, Mr. Hoekstra, Mrs. Kelly, Mr. Knollenberg, Mr. Manzullo, Mr.
McIntosh, Mr. Mica, Mrs. Myrick, Mr. Saxton, Mrs. Vucanovich, Mr.
Gingrich, Mr. Barton of Texas, Mr. Kingston, Mr. Zeliff, Mr. Royce,
Mr. Wicker, Mr. Sam Johnson, Mr. Pombo, Mr. Cox, Ms. Dunn of
Washington, Mr. Roth, Mr. Barr, Mr. Hastert, Mr. LaHood, Mr.
Packard, Mr. Allard, Mr. Heineman, Mr. Lewis of Kentucky, and Mr.
Armey), [27JN]
Considered under suspension of the rules, [9JY]
Rules suspended. Agreed to in the House, [10JY]
H. Con. Res. 194--
Concurrent resolution establishing a commission to study compensation
and other personnel policies and practices in the legislative
branch; to the Committee on House Oversight.
By Mrs. MORELLA, [27JN]
H. Con. Res. 195--
Concurrent resolution to express the sense of the Congress that any
welfare reform legislation enacted by the Congress should include
provisions addressing domestic violence; to the Committees on Ways
and Means; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Ms. Roybal-Allard (for herself, Mr. Matsui, Mrs. Myrick, Ms.
Woolsey, Mrs. Morella, Mrs. Clayton, Mrs. Lowey, Ms. Lofgren, Mr.
Hilliard, Mr. Kildee, Mr. Green of Texas, Mrs. Kennelly, Ms. Brown
of Florida, Mr. Frank of Massachusetts, Mr. LaFalce, Mr. Farr, Mr.
McDermott, Ms. Slaughter, Mr. Ackerman, Mr. Oberstar, Mr. Gonzalez,
Mr. Romero-Barcelo, Mr. Olver, Mr. Frazer, Mr. Sanders, Mr.
Abercrombie, Mr. Miller of California, Mr. Brown of California, Mr.
Hinchey, Mr. Stark, Mr. Owens, Mr. Filner, Ms. Waters, Ms.
Velazquez, Mrs. Maloney, and Mr. Gutierrez), [27JN]
H. Con. Res. 196--
Concurrent resolution expressing the sense of the Congress that each
State should enact legislation regarding notification procedures
necessary for released convicted sexual offenders; to the Committee
on the Judiciary.
By Mr. GUTKNECHT (for himself, Mr. Zimmer, Mr. Fazio of California,
Mrs. Myrick, Mr. Frost, Mr. Horn, Mr. Deutsch, Mr. Walsh, and Mr.
Weller), [10JY]
H. Con. Res. 197--
Concurrent resolution expressing the sense of the Congress that the
Department of Energy should suspend spent nuclear fuel and
radioactive target material reprocessing activities; to the
Committees on Commerce; National Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. MARKEY (for himself and Mr. Shays), [10JY]
H. Con. Res. 198--
Concurrent resolution authorizing the use of the Capitol grounds for the
first annual Congressional Family Picnic; to the Committee on
Transportation and Infrastructure.
By Mr. GINGRICH (for himself, Mr. Gephardt, Mr. Hobson, Mr. Cardin,
and Mr. Gilchrest), [11JY]
Committee discharged. Agreed to in the House, [12JY]
H. Con. Res. 199--
Concurrent resolution expressing the sense of the Congress that a
national summit of sports, political, and community leaders should
be promptly convened to develop a multifaceted action plan to
promote citizenship through sports, emphasizing the aspects of
sports culture that promote self-respect and respect for others, and
that deter acts of violence, including domestic violence and sexual
assault; to the Committee on Economic and Educational Opportunities.
By Mr. SANDERS (for himself and Mrs. Morella), [24JY]
Cosponsors added, [25JY], [4SE], [11SE], [24SE]
H. Con. Res. 200--
Concurrent resolution expressing the sense of the Congress regarding the
bombing in Dhahran, Saudi Arabia; to the Committee on National
Security.
By Mr. SCARBOROUGH, [24JY]
Cosponsors added, [31JY], [1AU], [2AU], [5SE]
Reported with amendment (H. Rept. 104-805), [17SE]
Rules suspended. Passed House amended, [24SE]
H. Con. Res. 201--
Concurrent resolution expressing the sense of the Congress with respect
to the implementation by the Secretary of Transportation of
exceptions to the train whistle requirement of section 20153 of
title 49, United States Code; to the Committee on Transportation and
Infrastructure.
By Mr. LIPINSKI (for himself, Mr. Rush, Mr. Jackson, Mr. Flanagan, Mr.
Hyde, Mr. Crane, Mr. Yates, Mr. Porter, Mr. Weller, Mr. Costello,
Mr. Fawell, Mr. Hastert, Mr. Ewing, Mr. LaHood, and Mr. Durbin),
[25JY]
H. Con. Res. 202--
Concurrent resolution expressing the sense of the Congress that U.S.
companies should acquire technology that was developed by U.S.
companies from those companies instead of from their overseas
competitors; to the Committee on Commerce.
By Mr. FRANKS of Connecticut, [25JY]
Cosponsors added, [26JY]
H. Con. Res. 203--
Concurrent resolution providing for an adjournment of both Houses.
By Mr. ARMEY, [26JY]
Agreed to in the House, [26JY]
Agreed to in the Senate, [31JY]
H. Con. Res. 204--
Concurrent resolution expressing the sense of Congress concerning the
tragic crash of Trans World Airlines flight 800; to the Committee on
Transportation and Infrastructure.
By Mr. FORBES (for himself, Mr. McDade, Mr. Cramer, Mr. Lazio of New
York, Mr. Frisa, Mr. King, and Mr. Ackerman), [26JY]
H. Con. Res. 205--
Concurrent resolution expressing the sense of the Congress that the
German Government should investigate and prosecute Dr. Hans Joachim
Sewering for his war crimes of euthanasia committed during World War
II; to the Committee on International Relations.
By Ms. WOOLSEY (for herself, Mrs. Morella, Mrs. Maloney, Mr. Dellums,
Mr. Berman, Mr. Barrett of Wisconsin, Mr. Nadler, Mr. Torricelli,
Mr. Stockman, Mr. Gejdenson, and Mr. Frank of Massachusetts), [30JY]
Cosponsors added, [26SE], [27SE]
H. Con. Res. 206--
Concurrent resolution expressing the sense of Congress with respect to
the threat
[[Page 2938]]
to the security of American citizens and the U.S. Government posed
by armed militia and other paramilitary groups and organizations; to
the Committee on the Judiciary.
By Ms. JACKSON-LEE (for herself, Mr. Conyers, Ms. Norton, Mr. Frazer,
Mr. Flake, Mrs. Lowey, Mr. Rangel, Mr. Hastings of Florida, Ms.
Millender-McDonald, Ms. DeLauro, Mr. Clyburn, Mr. Hilliard, Mr.
Wynn, Mr. Lewis of Georgia, Mr. Payne of New Jersey, Mrs. Clayton,
Mr. Owens, Mr. Fields of Louisiana, Mr. Cummings, Miss. Collins of
Michigan, Mr. Schumer, Mr. Scott, Mr. Pastor, Mrs. Meek of Florida,
Ms. Brown of Florida, Ms. McKinney, Mr. Foglietta, Mr. Richardson,
Mr. Coleman, Ms. Eddie Bernice Johnson of Texas, Mr. Jackson, Mrs.
Collins of Illinois, Mr. Engel, Mrs. Schroeder, Mrs. Maloney, Ms.
Velazquez, Mr. Gutierrez, Mr. Cardin, Mr. Serrano, Mr. Becerra, Mr.
Gibbons, Mr. Nadler, Mr. Kennedy of Rhode Island, Mr. Clay, and Ms.
Lofgren), [1AU]
H. Con. Res. 207--
Concurrent resolution approving certain regulations to implement
provisions of the Congressional Accountability Act of 1995 relating
to labor-management relations with respect to covered employees,
other than employees of the House of Representatives and employees
of the Senate, and for other purposes; to the Committees on House
Oversight; Economic and Educational Opportunities, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. THOMAS, [1AU]
Committee discharged. Agreed to in the House, [2AU]
Agreed to in the Senate, [28SE]
H. Con. Res. 208--
Concurrent resolution directing the Clerk of the House of
Representatives to make a correction in the enrollment of H.R. 3103.
By Mr. THOMAS, [2AU]
Agreed to in the House, [2AU]
Agreed to in the Senate, [2AU]
H. Con. Res. 209--
Concurrent resolution expressing the sense of the Congress regarding the
territorial integrity, unity, sovereignty, and full independence of
Lebanon; to the Committee on International Relations.
By Mr. RAHALL (for himself, Mr. Dingell, Mr. LaHood, and Mr. Hoke),
[2AU]
Cosponsors added, [24SE], [26SE], [27SE], [30SE]
H. Con. Res. 210--
Concurrent resolution expressing the sense of the Congress that a
postage stamp should be issued to honor law enforcement officers
killed in the line of duty; to the Committee on Government Reform
and Oversight.
By Mr. STUPAK (for himself and Mr. Ramstad), [2AU]
Cosponsors added, [26SE], [28SE]
H. Con. Res. 211--
Concurrent resolution directing the Clerk of the House of
Representatives to make a technical correction in the enrollment of
H.R. 3060.
By Mr. WALKER, [10SE]
Agreed to in the House, [10SE]
Agreed to in the Senate, [17SE]
H. Con. Res. 212--
Concurrent resolution endorsing the adoption by the European Parliament
of a resolution supporting the Republic of China on Taiwan's efforts
at joining the community of nations; to the Committee on
International Relations.
By Mr. SOLOMON (for himself and Mr. Gilman), [11SE]
Cosponsors added, [16SE], [17SE], [19SE]
Rules suspended. Agreed to in the House amended, [24SE]
H. Con. Res. 213--
Concurrent resolution concerning the urgent need to improve the living
standards of those South Asians living in the Ganges and the
Brahmaputra river basin; to the Committees on International
Relations; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. BEREUTER (for himself and Mr. Berman, [12SE]
H. Con. Res. 214--
Concurrent resolution expressing the sense of the Congress that a
patient has certain rights regarding medical care that should be
protected by law; to the Committee on Commerce.
By Mrs. SMITH of Washington, [12SE]
H. Con. Res. 215--
Concurrent resolution to encourage the Secretary of State, foreign
nations, and others to work together to help reunite family members
separated during the Holocaust; to the Committee on International
Relations.
By Mr. FRANKS of New Jersey, [17SE]
Cosponsors added, [25SE], [28SE]
H. Con. Res. 216--
Concurrent resolution providing for relocation of the Portrait Monument;
to the Committee on House Oversight.
By Mrs. MORELLA (for herself, Mrs. Myrick, Ms. Greene of Utah, Mrs.
Kelly, Mrs. Seastrand, Mrs. Roukema, Ms. Dunn of Washington, Mrs.
Johnson of Connecticut, Mrs. Fowler, Mrs. Vucanovich, Ms. Molinari,
and Mrs. Meyers of Kansas), [24SE]
Cosponsors added, [26SE]
Committee discharged. Agreed to in the House, [26SE]
Agreed to in the Senate, [27SE]
H. Con. Res. 217--
Concurrent resolution concerning human and political rights of the
Bosniac people of the Sanjak region of the Federal Republic of
Yugoslavia (Serbia/Montenegro); to the Committee on International
Relations.
By Mr. MORAN (for himself, Mr. Porter, Mr. Lantos, Ms. Molinari, and
Mr. Engel), [24SE]
H. Con. Res. 218--
Concurrent resolution expressing the sense of the Congress that the
President should categorically disavow any intention of issuing
pardons to James or Susan McDougal or Jim Guy Tucker; to the
Committee on the Judiciary.
By Mr. BACHUS, [25SE]
Cosponsors added, [26SE]
H. Con. Res. 219--
Concurrent resolution calling for the proper preservation of the
memorial at the site of the Jasenovac concentration and death camp
in Croatia in a way that accurately reflects the historical role of
that site in the Holocaust; to the Committee on International
Relations.
By Mr. KENNEDY of Rhode Island (for himself, Mr. Gilman, Mr. Regula,
Mr. Yates, Mr. Lantos, Mr. LaTourette, and Mr. Fox), [25SE]
H. Con. Res. 220--
Concurrent resolution commending the Governments of Hungary and Romania
on the occasion of the signing of a Treaty of Understanding,
Cooperation and Good Neighborliness; to the Committee on
International Relations.
By Mr. LANTOS (for himself and Mr. Hoke), [25SE]
Cosponsors added, [27SE]
H. Con. Res. 221--
Concurrent resolution directing the Clerk of the House to make
corrections in the enrollment of H.R. 3159.
By Mr. SHUSTER, [26SE]
Agreed to in the House, [26SE]
Agreed to in the Senate, [28SE]
H. Con. Res. 222--
Concurrent resolution providing that George Washington's ``Farewell
Address'' shall be read at the beginning of each Congress; to the
Committee on Rules.
By Mr. DORNAN, [26SE]
H. Con. Res. 223--
Concurrent resolution expressing the sense of the Congress with respect
to considering addiction to nicotine to be a disability; to the
Committee on Economic and Educational Opportunities.
By Ms. GREENE of Utah (for herself and Mr. Hansen), [26SE]
H. Con. Res. 224--
Concurrent resolution concerning the infiltration of North Korean
commandos into the sovereign territory of the Republic of Korea on
September 18, 1996; to the Committee on International Relations.
By Mr. KIM (for himself, Mr. Bereuter, and Mr. Dornan), [27SE]
H. Con. Res. 225--
Concurrent resolution expressing the commitment of the Congress to
continue the leadership of the United States in the United Nations
by honoring the financial obligations of the United States to the
United Nations; to the Committee on International Relations.
By Ms. ESHOO (for herself, Mr. Torres, Mr. Lantos, Mr. Houghton, Mr.
Leach, Mr. Dellums, Mrs. Morella, Mr. Engel, Mrs. Maloney, Mr.
Rangel, Mr. Ackerman, Mr. Hinchey, Mr. Brown of California, Mrs.
Lowey, Mr. Payne of New Jersey, Mr. Hall of Ohio, Mr. Miller of
California, Mr. Serrano, Mr. Nadler, and Mr. Berman), [27SE]
H. Con. Res. 226--
Concurrent resolution expressing the sense of the Congress that a model
curriculum designed to educate elementary and secondary school-aged
children about the Irish famine should be developed; to the
Committee on Economic and Educational Opportunities.
By Mr. MENENDEZ (for himself, Mr. Frelinghuysen, Mr. Gilman, Mr.
Torricelli, Mr. Payne of New Jersey, Mr. Pallone, Mr. Zimmer, Mr.
Martini, Mr. Smith of New Jersey, Mr. Franks of New Jersey, and Mr.
Andrews), [27SE]
H. Con. Res. 227--
Concurrent resolution expressing the sense of Congress that the
technology program at the National Institute of Justice of the
Department of Justice, should be designated as the national focal
point for law enforcement technology programs; to the Committee on
the Judiciary.
By Mr. SCHIFF (for himself, Mrs. Schroeder, Mr. Boehlert, Ms. Harman,
Mr. Heineman, Mr. Schumer, Mrs. Kennelly, and Mr. Wamp), [27SE]
H. Con. Res. 228--
Concurrent resolution concerning the return of or compensation for
wrongly confiscated foreign properties in formerly Communist
countries and by certain foreign financial institutions; to the
Committee on International Relations.
By Mr. SMITH of New Jersey (for himself, Mr. Porter, Mr. Wolf, Mr.
Funderburk, Mr. Salmon, Mr. Hoyer, Mr. Markey, and Mr. Cardin),
[27SE]
H. Con. Res. 229--
Concurrent resolution directing the Secretary of the Senate to make
corrections in the enrollment of S. 1004.
By Mr. SHUSTER, [28SE]
Agreed to in the House, [28SE]
Agreed to in the Senate, [28SE]
H. Con. Res. 230--
Concurrent resolution providing for the sine die adjournment of the
second session of the 104th Congress.
By Mr. ARMEY, [28SE]
Agreed to in the House, [28SE]
Agreed to in the Senate amended, [3OC]
House agreed to Senate amendment, [4OC]
H. Con. Res. 231--
Concurrent resolution condemning anti-semitic vandalism in Westchester
County, NY; to the Committee on the Judiciary.
By Mrs. LOWEY (for herself, Mr. Gilman, Mrs. Kelly, and Mr. Engel),
[28SE]
[[Page 2939]]
HOUSE RESOLUTIONS
------------------------------------------------------------------------
H. Res. 30--
Resolution expressing the sense of the House of Representatives that
obstetrician-gynecologists should be designated as primary care
providers for women in Federal laws relating to the provision of
health care; to the Committee on Commerce.
Cosponsors added, [4JA], [22JA], [30JA], [1FE], [23FE], [29FE],
[12MR], [20MR], [29MR], [15AP], [6MY], [9MY], [10JN], [18JN], [9JY],
[25JY], [9SE], [17SE], [23SE], [25SE], [26SE], [27SE], [30SE]
H. Res. 39--
Resolution requiring the House of Representatives to take any
legislation action necessary to verify the ratification of the equal
rights amendment as a part of the Constitution, when the
legislatures of an additional three States ratify the equal rights
amendment; to the Committee on the Judiciary.
Cosponsors added, [12MR], [19MR], [21MY], [17JY], [2AU]
H. Res. 49--
Resolution expressing the sense of the House of Representatives relating
to the eradication of slavery where it exists throughout the world;
to the Committee on International Relations.
Cosponsors added, [24JA], [19MR], [20MR], [21MR], [27MR], [15AP],
[18AP], [23AP], [25AP], [9MY], [27SE]
H. Res. 59--
Resolution to emphasize the importance of understanding the history of
President Franklin Delano Roosevelt and to recognize the opening of
the Roosevelt Memorial and for other purposes; to the Committee on
Resources.
Cosponsors added, [23JA]
H. Res. 114--
Resolution expressing the sense of the House of Representatives that the
United States should support peace and stability in the South China
Sea; to the Committee on International Relations.
Cosponsors added, [29FE]
H. Res. 123--
Resolution relating to the conflict in Kashmir; to the Committee on
International Relations.
Cosponsors added, [28MR], [18JN]
H. Res. 172--
Resolution supporting the National Railroad Hall of Fame, Inc., of
Galesburg, IL, in its endeavor to erect a monument known as the
National Railroad Hall of Fame; to the Committee on Transportation
and Infrastructure.
Cosponsors added, [29MY], [13JN], [16JY]
H. Res. 200--
Resolution expressing the sense of the House of Representatives
regarding the Republic of Iraq's failure to comply with United
Nations resolutions demanding improvements in the area of human
rights and requiring the destruction, removal, and rendering
harmless of all Iraq's biological, chemical, and nuclear weapons,
and all ballistic missiles with a range greater than 150 kilometers;
to the Committee on International Relations.
Cosponsors added, [18JY]
H. Res. 220--
Resolution expressing the sense of the House of Representatives that the
Senate should ratify the Convention on the Elimination of All Forms
of Discrimination Against Women; to the Committee on International
Relations.
Cosponsors added, [6FE], [11JN]
H. Res. 263--
Resolution amending the Rules of the House of Representatives to require
that the expenses of special-order speeches be paid from the Members
representational allowance of the Members making such speeches; to
the Committee on Rules.
Cosponsors added, [31JA], [23MY]
H. Res. 266--
Resolution to commend the community leaders of the Monterey Peninsula on
the central California coast for their encouragement, support, and
sponsorship of language diversity; to the Committee on Economic and
Educational Opportunities.
Cosponsors added, [22MY], [1AU]
H. Res. 282--
Resolution supporting the International Criminal Tribunal for the former
Yugoslavia and expressing the sense of the House of Representatives
that war criminals from the conflict among republics of the former
Yugoslavia should be brought to justice; to the Committee on
International Relations.
Cosponsors added, [16AP]
H. Res. 285--
Resolution to recognize and celebrate the 40th anniversary of the
Montgomery bus boycott; to the Committee on Government Reform and
Oversight.
Cosponsors added, [24JA], [28MR], [19JN]
H. Res. 286--
Resolution to limit the access of lobbyists to the Hall of the House; to
the Committee on Rules.
Cosponsors added, [29FE], [6MR], [5JN], [19JN], [26JN], [17JY],
[12JN], [10JY], [12JN], [10JY]
H. Res. 303--
Resolution providing for consideration of the bill (H.R. 1745) to
designate certain public lands in the State of Utah as wilderness,
and for other purposes.
Agreed to in the House, [15MY]
H. Res. 310--
Resolution expediting the commencement of committee hearings during the
remainder of the first session of the 104th Congress.
Laid on table, [5JA]
H. Res. 316--
Resolution deploring individuals who deny the historical reality of the
Holocaust and commending the vital, ongoing work of the U.S.
Holocaust Memorial Museum; to the Committee on Resources.
Cosponsors added, [16AP]
Rules suspended. Agreed to in the House, [16AP]
H. Res. 323--
Resolution providing for consideration of the bill (H.R. 2677) to
require the Secretary of the Interior to accept from a State
donations of services of State employees to perform, in a period of
Government budgetary shutdown, otherwise authorized functions in any
unit of the National Wildlife Refuge System or the National Park
System.
Laid on table, [28FE]
H. Res. 325--
Resolution providing for a committee to notify the President of the
assembly of the Congress.
By Mr. ARMEY, [3JA]
Agreed to in the House, [3JA]
H. Res. 326--
Resolution to inform the Senate that a quorum of the House has
assembled.
By Mr. ARMEY, [3JA]
Agreed to in the House, [3JA]
H. Res. 327--
Resolution providing for the hour of meeting of the House.
Agreed to in the House, [3JA]
By Mr. ARMEY, [3JA]
H. Res. 328--
Resolution relating to the privileges of the House; to the Committee on
Rules.
By Mr. GEPHARDT, [3JA]
H. Res. 329--
Resolution providing for the consideration of the joint resolution (H.J.
Res. 118) making further continuing appropriations for the fiscal
year 1996, and for other purposes; to the Committee on Rules.
By Mr. HOYER (for himself, Mr. Moran, and Mr. Wynn), [3JA]
H. Res. 330--
Resolution authorizing the Speaker to declare recesses subject to the
call of the Chair from January 5, 1996, through January 23, 1996,
waiving a requirement of clause 4(b) of rule XI with respect to
consideration of certain resolutions reported from the Committee on
Rules during that period.
By Ms. PRYCE, [3JA]
Reported (H. Rept. 104-445), [3JA]
Agreed to in the House, [5JA]
H. Res. 331--
Resolution to return a certain bill to the Senate; to the Committee on
Appropriations.
By Mr. LIVINGSTON, [4JA]
H. Res. 332--
Resolution amending the Rules of the House of Representatives to
prohibit a House recess or adjournment during any period of lapsed
appropriations for the Federal Government; to the Committee on
Rules.
By Mr. CARDIN (for himself, Mr. Cramer, Mr. Clement, Mr. Dellums, Mr.
Hefner, Ms. Kaptur, Ms. Pelosi, Ms. Woolsey, and Mr. Wynn), [4JA]
H. Res. 333--
Resolution providing for the consideration of H.R. 2530, a bill to
provide for deficit reduction and achieve a balanced budget by
fiscal year 2002; to the Committee on Rules.
By Mr. CONDIT (for himself, Mr. Peterson of Minnesota, Mr. Pete Geren
of Texas, Mr. Baesler, Mr. Payne of Virginia, Mr. Holden, Mr. Minge,
Mr. Brewster, Mr. Cramer, Ms. Danner, Mrs. Lincoln, Mr. Stenholm,
Mr. Sisisky, Mr. Poshard, Mr. Tanner, Mr. Hall of Texas, Mr. Dooley,
Mr. Roemer, Mr. Taylor of Mississippi, Mr. Browder, Mr. Orton, and
Ms. Harman), [4JA]
Cosponsors added, [9JA], [22JA], [23JA], [25JA]
Discharge petition (Pet. 104-9) filed, [30JA]
H. Res. 334--
Resolution providing for consideration of a motion to dispose of the
Senate amendment to the bill (H.R. 1643) to authorize the extension
of nondiscriminatory treatment (most-favored-nation treatment) to
the products of Bulgaria.
By Mr. DREIER, [4JA]
Reported (H. Rept. 104-447), [4JA]
Agreed to in the House, [5JA]
H. Res. 335--
Resolution to congratulate the Green Bay Packers of the National
Football League on winning its first National Football Conference
[NFC] Central Division title in 23 years and to commend Quarterback
Brett Favre for being recognized as the National Football League's
Most Valuable Player; to the Committee on Government Reform and
Oversight.
By Mr. ROTH, [5JA]
H. Res. 336--
Resolution providing for the disposition of the Senate amendment to the
joint resolution (H.J. Res. 134) making further continuing
appropriations for fiscal year 1996, and for other purposes.
By Mr. SOLOMON, [5JA]
Reported (H. Rept. 104-448), [5JA]
Agreed to in the House, [5JA]
H. Res. 337--
Resolution electing Jesse L. Jackson, Jr., of Illinois to the Committee
on Banking and Financial Services.
By Mrs. KENNELLY, [5JA]
Agreed to in the House, [5JA]
H. Res. 338--
Resolution providing for the disposition of the Senate amendment to the
bill (H.R. 1358) to require the Secretary of Commerce to convey to
the Commonwealth of Massachusetts the National
[[Page 2940]]
Marine Fisheries Service laboratory located on Emerson Avenue in
Gloucester, MA.
By Mr. DREIER, [5JA]
Reported (H. Rept. 104-449), [5JA]
Agreed to in the House, [5JA]
H. Res. 339--
Resolution to congratulate Brett Favre, a native of Fenton, MS, for
winning the 1995 National Football League Most Valuable Player
Award; to the Committee on Government Reform and Oversight.
By Mr. TAYLOR of Mississippi (for himself, Mr. Montgomery, Mr. Parker,
Mr. Thompson, Mr. Wicker, Mr. Watts of Oklahoma, and Mr. Largent),
[5JA]
H. Res. 340--
Resolution waiving points of order against the conference report to
accompany the bill (S. 1124) to authorize appropriations for fiscal
year 1996 for military activities of the Department of Defense, to
prescribe personnel strengths for such fiscal year for the Armed
Forces and for other purposes.
By Mr. DIAZ-BALART, [23JA]
Reported (H. Rept. 104-451), [23JA]
Agreed to in the House, [24JA]
H. Res. 341--
Resolution amending the rules of the House of Representatives to require
that no object or activity for which Federal money is provided shall
be named for a living individual who is or, within the last five
Congresses, has been a Member of Congress; to the Committee on
Rules.
By Mr. HOKE, [24JA]
H. Res. 342--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of certain resolutions reported from the Committee
on Rules.
By Mr. McINNIS, [24JA]
Reported (H. Rept. 104-453), [24JA]
Agreed to in the House, [25JA]
H. Res. 343--
Resolution electing Representative James A. Hayes of Louisiana to the
Committee on Ways and Means.
By Mr. ARMEY, [25JA]
Agreed to in the House, [25JA]
H. Res. 344--
Resolution electing Representative Michael McNulty of New York to the
Committee on Ways and Means.
By Mr. FAZIO of California, [25JA]
Agreed to in the House, [25JA]
H. Res. 345--
Resolution expressing concern about the deterioration of human rights in
Cambodia; to the Committee on International Relations.
By Mr. BEREUTER (for himself, Mr. Berman, Mr. Gilman, Mr. Rohrabacher,
Mr. Burton of Indiana, and Mr. Sanford), [25JA]
Cosponsors added, [21MR], [22MR]
Rules suspended. Agreed to in the House amended, [26MR]
H. Res. 346--
Resolution amending the Rules of the House of Representatives respecting
the procedures of the Committee on Standards of Official Conduct; to
the Committee on Rules.
By Mr. GOSS, [25JA]
Cosponsors added, [31JA], [1FE], [24AP], [2AU], [25SE]
H. Res. 347--
Resolution expressing the sense of the House of Representatives
concerning the human rights situation in China and Tibet and
encouraging the United States to sponsor and press for the enactment
of a resolution condemning the human rights situation in China and
Tibet at the annual meeting of the United Nations Commission on
Human Rights; to the Committee on International Relations.
By Mr. PORTER (for himself, Mr. Smith of New Jersey, Ms. Pelosi, Mr.
Engel, Mr. Gilman, Mr. Wolf, and Mr. Berman), [25JA]
Cosponsors added, [29FE], [7MR], [21MR], [17AP]
H. Res. 348--
Resolution expressing the disapproval of the House of Representatives of
the standards proposed by the National Center for History in the
Schools for the teaching of U.S. history and world history; to the
Committee on Economic and Educational Opportunities.
By Mr. PORTER (for himself, Mr. Smith of New Jersey, Ms. Pelosi, Mr.
Engel, Mr. Gilman, Mr. Wolf, and Mr. Berman), [25JA]
Cosponsors added, [31JA], [6MR], [14MR], [27MR], [15AP], [9MY]
H. Res. 349--
Resolution providing for the consideration of S. 534.
By Mr. BLILEY, [30JA]
Considered under suspension of the rules, [30JA]
Failed of passage under suspension of the rules, [31JA]
H. Res. 350--
Resolution relating to a question of the privileges of the House; to the
Committee on Rules.
By Mrs. MINK of Hawaii (for herself, Mr. Faleomavaega, Mr. Underwood,
and Mrs. Schroeder), [30JA]
H. Res. 351--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 2546) making appropriations for the
government of the District of Columbia and other activities
chargeable in whole or in part against the revenues of said District
for the fiscal year ending September 30, 1996, and for other
purposes.
By Mr. LINDER, [31JA]
Reported (H. Rept. 104-456), [31JA]
Agreed to in the House, [31JA]
H. Res. 352--
Resolution authorizing the Speaker to declare recesses subject to the
call of the Chair from February 2, 1996, through February 26, 1996.
By Mrs. WALDHOLTZ, [31JA]
Reported (H. Rept. 104-457), [31JA]
Laid on table, [28FE]
H. Res. 353--
Resolution waiving points of order against the conference report to
accompany the bill (S. 692) to provide for a pro-competitive,
deregulatory national policy framework designed to accelerate
rapidly private sector deployment of advanced telecommunications and
information technologies and services to all Americans by opening
all telecommunications markets to competition, and for other
purposes.
By Mr. LINDER, [31JA]
Reported (H. Rept. 104-459), [31JA]
Agreed to in the House, [1FE]
H. Res. 354--
Resolution relating to a question of the privileges of the House; to the
Committee on Rules.
By Ms. JACKSON-LEE (for herself, Mr. Bonior, Mrs. Clayton, Mrs.
Collins of Illinois, Ms. Pelosi, Mr. Jackson, Mr. Wise, Mr.
Richardson, Mr. Fazio of California, Mr. Studds, Mrs. Mink of
Hawaii, Ms. McKinney, Mr. Lewis of Georgia, Mr. Edwards, Mr. Gene
Green of Texas, Mr. McNulty, Mr. Durbin, Mr. Gejdenson, Mr. Miller
of California, Mr. Reed, Mr. Stupak, Mrs. Lincoln, Ms. DeLauro, Mr.
Hefner, Mr. Hastings of Florida, Mr. Gibbons, Mr. Dellums, Ms.
Lofgren, Mrs. Schroeder, Ms. McCarthy, Ms. Brown of Florida, Mrs.
Meek of Florida, Mr. Payne of New Jersey, Mr. Owens, Mr. Engel, Mr.
Barrett of Wisconsin, Mr. Wynn, Ms. Waters, Mr. Berman, Ms. Woolsey,
Mr. Doggett, and Mr. Luther), [31JA]
Ruling of the chair appeal tabled, [1FE]
H. Res. 355--
Resolution providing for consideration of the bill (H.R. 2924) to
guarantee the timely payment of Social Security benefits in March
1996.
By Mr. GOSS, [1FE]
Reported (H. Rept. 104-460), [1FE]
Agreed to in the House, [1FE]
H. Res. 356--
Resolution to protect the credit worthiness of the United States and
avoid default of the United States Government; to the Committee on
Rules.
By Mr. GEPHARDT, [1FE]
H. Res. 357--
Resolution electing Representative Mark W. Neumann of Wisconsin to the
Committee on the Budget.
By Mr. ARMEY, [1FE]
Agreed to in the House, [1FE]
H. Res. 358--
Resolution amending the Rules of the House of Representatives to
postpone final House action on legislative branch appropriations for
any fiscal year until all other regular appropriations for that
fiscal year are enacted into law; to the Committee on Rules.
By Mr. DURBIN (for himself, Mrs. Morella, Mr. Davis, and Mr. Luther),
[1FE]
Cosponsors added, [27FE], [12MR], [7MY]
H. Res. 359--
Resolution recognizing and supporting the efforts of the U.S. Soccer
Federation to bring the 1999 Women's World Cup tournament to the
United States; to the Committee on International Relations.
By Mrs. MORELLA (for herself, Mrs. Lowey, Mr. Moran, Mr. Schaefer, Mr.
McDermott, Mr. Brown of California, Mr. Hoke, Mr. Serrano, Mr. Gene
Green of Texas, Mr. Owens, Mr. Fox, Mr. Frank of Massachusetts, Mr.
Torres, Mr. Bryant of Texas, Mr. Visclosky, Mr. Johnston of Florida,
Mr. Manton, Mr. Underwood, Mr. LaFalce, Mr. Cunningham, Ms. Lofgren,
Mr. Wilson, Mr. Thompson, Mr. Gejdenson, Ms. Norton, Mr. Filner, Mr.
Oberstar, Mr. Lipinski, Mr. Frost, Mr. Romero-Barcelo, Mr. Nadler,
Ms. Pelosi, Mr. Berman, Mr. Ward, Mr. Reed, Mr. Kennedy of
Massachusetts, Mr. Bonior, and Mr. Foley), [1FE]
Cosponsors added, [9FE], [14MR], [28MR], [29MR], [25AP], [23JY]
H. Res. 360--
Resolution affirming the support of the House of Representatives for the
preservation of the integrity of the full faith and credit of the
United States of America; to the Committee on Ways and Means.
By Mr. VENTO (for himself, Mr. Schumer, Mr. Kanjorski, Mr. LaFalce,
Mr. Flake, Mr. Kennedy of Massachusetts, Ms. Velazquez, Mrs.
Maloney, Mr. Gutierrez, Mr. Watt of North Carolina, Mr. Ackerman,
Mr. Barrett of Wisconsin, Mr. Bentsen, and Mr. Frank of
Massachusetts), [1FE]
Cosponsors added, [27FE], [13MR]
H. Res. 361--
Resolution amending the Rules of the House of Representatives to
prohibit foreign travel by a retiring Member; to the Committee on
Rules.
By Mr. ZIMMER, [1FE]
Cosponsors added, [27FE]
H. Res. 362--
Resolution expressing the sense of the House of Representatives
regarding the failure of Mexico to cooperate with the United States
in controlling the transport of illegal drugs and controlled
substances and the denial of certain assistance to Mexico as a
result of that failure; to the Committees on International
Relations; Banking and Financial Services, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of
the committee concerned.
By Mr. MILLER of California, [1FE]
Cosponsors added, [6MR]
H. Res. 363--
Resolution electing Representative Constance A. Morella of Maryland to
act as Speaker pro tempore.
By Mr. DAVIS, [6FE]
Agreed to in the House, [6FE]
H. Res. 364--
Resolution providing for the consideration of the bill (H.R. 125) to
repeal the ban on semiautomatic assault weapons and the ban on large
capacity ammunition; to the Committee on Rules.
By Mr. BARR, [23FE]
Discharge petition (Pet. 104-11) filed, [7MR]
H. Res. 365--
Resolution condemning the visit of Louis Farrakhan to Libya, Iran, and
Iraq as well as certain statements he made during those visits, and
urging the President to take appropriate action to determine if such
visits, statements, and actions resulting from agreements or
understandings reached during these visits violate Federal law; to
the Committee on International Relations.
By Mr. LANTOS (for himself and Mr. King), [27FE]
H. Res. 366--
Resolution providing for consideration of the bill (H.R. 2854) to modify
the operation of certain agricultural programs.
By Mr. SOLOMON, [27FE]
Reported (H. Rept. 104-463), [27FE]
Agreed to in the House, [28FE]
H. Res. 367--
Resolution designating minority membership on certain standing
committees of the House.
[[Page 2941]]
By Mr. FAZIO of California, [28FE]
Agreed to in the House, [28FE]
H. Res. 368--
Resolution providing for consideration of the bill (H.R. 994) to require
the periodic review and automatic termination of Federal
regulations.
By Mr. GOSS, [29FE]
Reported (H. Rept. 104-464), [29FE]
Laid on table, [17AP]
H. Res. 369--
Resolution to provide to the Committee on Government Reform and
Oversight special authorities to obtain testimony for purposes of
investigation and study of the White House Travel Office matter; to
the Committee on Rules.
By Mr. CLINGER, [29FE]
Reported (H. Rept. 104-472), [6MR]
Agreed to in the House, [7MR]
H. Res. 370--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 927) to seek international sanctions
against the Castro government in Cuba, to plan for support of a
transition government leading to a democratically elected government
in Cuba, and for other purposes.
By Mr. DIAZ-BALART, [5MR]
Reported (H. Rept. 104-470), [5MR]
Agreed to in the House, [6MR]
H. Res. 371--
Resolution providing for consideration of the bill (H.R. 3021) to
guarantee the continuing full investment of Social Security and
other Federal funds in obligations of the United States.
By Mr. LINDER, [6MR]
Reported (H. Rept. 104-473), [6MR]
Agreed to in the House, [7MR]
H. Res. 372--
Resolution providing for consideration of the bill (H.R. 3019) making
appropriations for fiscal year 1996 to make a further downpayment
toward a balanced budget, and for other purposes.
By Mr. DREIER, [6MR]
Reported (H. Rept. 104-474), [6MR]
Agreed to in the House amended, [7MR]
H. Res. 373--
Resolution providing for the consideration of the bill (H.R. 2566) to
reform the financing of Federal elections, and for other purposes;
to the Committee on Rules.
By Mrs. SMITH of Washington (for herself, Mr. Shays, and Mr. Meehan),
[6MR]
Discharge petition (Pet. 104-12) filed, [21MR]
H. Res. 374--
Resolution condemning the visit of Louis Farrakhan to Libya, Iran, and
Iraq and urging the President to take appropriate action to
determine if such visits and actions resulting from agreements or
understandings reached during these visits violate Federal law; to
the Committee on International Relations.
By Mr. LANTOS (for himself, Mr. King, Mr. Armey, Mr. Gilman, Mr.
Hamilton, Mr. Frost, Mr. Ackerman, Mr. Baker of California, Mr.
Ballenger, Mr. Barr, Mr. Bartlett of Maryland, Mr. Bass, Mr.
Bateman, Mr. Bereuter, Mr. Berman, Mr. Bliley, Mr. Blute, Mr. Bono,
Mr. Campbell, Mr. Cox, Mr. Doolittle, Mr. Dornan, Mr. Emerson, Mr.
Everett, Mr. Foley, Mr. Franks of Connecticut, Mr. Frisa, Mr.
Funderburk, Mr. Gejdenson, Mr. Gillmor, Mr. Hall of Texas, Ms.
Harman, Mr. Heineman, Mr. Holden, Mr. Hostettler, Ms. Lofgren, Mrs.
Lowey, Ms. Molinari, Mr. Saxton, Mr. Skelton, Mr. Smith of New
Jersey, Mr. Stockman, Mr. Torricelli, Mrs. Vucanovich, Mr. Watts of
Oklahoma, Mr. Weller, and Mr. Zimmer), [7MR]
Cosponsors added, [27MR], [29MR], [7MY]
H. Res. 375--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 1561) to consolidate the foreign affairs
agencies of the United States, to authorize appropriations for the
Department of State and related agencies for fiscal years 1996 and
1997, to responsibly reduce the authorizations of appropriations for
United States foreign assistance programs for fiscal years 1996 and
1997, and for other purposes.
By Mr. GOSS, [7MR]
Reported (H. Rept. 104-476), [7MR]
Agreed to in the House, [12MR]
H. Res. 376--
Resolution providing for consideration of the bill (H.R. 2703) to combat
terrorism.
By Ms. PRYCE, [7MR]
Reported (H. Rept. 104-477), [7MR]
Laid on table, [13MR]
H. Res. 377--
Resolution providing amounts for further expenses of the Committee on
Standards of Official Conduct in the second session of the 104th
Congress; to the Committee on House Oversight.
By Mrs. JOHNSON of Connecticut (for herself and Mr. McDermott), [7MR]
Committee discharged. Agreed to in the House, [12MR]
H. Res. 378--
Resolution deploring recent actions by the Government of Serbia that
restrict freedom of the press and freedom of expression and prevent
the Soros Foundation from continuing its democracy-building and
humanitarian activities on its territory and calling upon the
Government of Serbia to remove immediately restrictions against
freedom of the press and the operation of the Soros Foundation; to
the Committee on International Relations.
By Mr. LANTOS (for himself, Mr. Bereuter, Mr. Barr, Mr. Bass, Mr.
Bartlett of Maryland, Mr. Ballenger, and Mr. Watts of Oklahoma),
[12MR]
Cosponsors added, [27MR], [29MR]
H. Res. 379--
Resolution expressing the sense of the House of Representatives
concerning the eighth anniversary of the massacre of over 5,000
Kurds as a result of a gas bomb attack by the Iraqi Government; to
the Committee on International Relations.
By Mr. PORTER, [12MR]
Rules suspended. Agreed to in the House, [27MR]
H. Res. 380--
Resolution providing for consideration of the bill (H.R. 2703) to combat
terrorism.
By Ms. PRYCE, [12MR]
Reported (H. Rept. 104-480), [12MR]
Agreed to in the House, [13MR]
H. Res. 381--
Resolution expressing the sense of the House of Representatives
regarding sanctions on nations that assist in the development of
nuclear weapon programs of nonnuclear weapon states; to the
Committee on International Relations.
By Mr. MARKEY (for himself, Mr. Solomon, Mr. Kasich, Mr. Frank of
Massachusetts, and Mr. Scarborough), [13MR]
Cosponsors added, [19MR], [28MR], [16AP], [1MY], [16MY], [18JY]
H. Res. 382--
Resolution electing Representative Mike Parker of Mississippi to the
Committee on Appropriations.
By Mr. HASTERT, [14MR]
Agreed to in the House, [14MR]
H. Res. 383--
Resolution electing Representative Jose Serrano of New York to the
Committee on Appropriations.
By Mr. FAZIO of California, [14MR]
Agreed to in the House, [14MR]
H. Res. 384--
Resolution providing for consideration of the bill (H.R. 2202) to amend
the Immigration and Nationality Act to improve deterrence of illegal
immigration to the United States by increasing border patrol and
investigative personnel, by increasing penalties for alien smuggling
and for document fraud, by reforming exclusion and deportation law
and procedures, by improving the verification system for eligibility
for employment, and through other measures, to reform the legal
immigration system and facilitate legal entries into the United
States, and for other purposes.
By Mr. DREIER, [14MR]
Reported (H. Rept. 104-483), [14MR]
Agreed to in the House, [19MR]
H. Res. 385--
Resolution expressing the sense of the House of Representatives
regarding tactile currency for the blind and visually impaired; to
the Committee on Banking and Financial Services.
By Mr. BAKER of Louisiana (for himself, Mr. Hayes, Mr. Bachus, Mr.
Lazio of New York, Mr. Kennedy of Massachusetts, Ms. Velazquez, Ms.
Roybal-Allard, Mr. Kanjorski, Mr. LoBiondo, Mrs. Meek of Florida,
Mr. Chrysler, Mr. King, Mr. Frank of Massachusetts, Mr. Schumer, Mr.
McCrery, Mrs. Maloney, Mr. Cremeans, Mr. Heineman, Mr. Ackerman, Mr.
Sanders, Mr. Stockman, Mr. Gutierrez, Mr. Watt of North Carolina,
Mr. Tauzin, Mr. LaFalce, Mr. Ehrlich, Mr. Flake, Mr. Bono, and Mr.
Roth), [14MR]
Cosponsors added, [19MR], [20MR], [22MR], [28MR], [29MR], [24AP],
[25AP], [7MY]
H. Res. 386--
A resolution providing for consideration of the joint resolution (H.J.
Res. 165) making further continuing appropriations for the fiscal
year 1996, and for other purposes, and waiving a requirement of
clause 4(b) of rule XI with respect to consideration of certain
resolutions reported from the Committee on Rules.
By Mr. McINNIS, [20MR]
Reported (H. Rept. 104-489), [20MR]
Agreed to in the House, [21MR]
H. Res. 387--
Resolution returning to the Senate the bill S. 1518.
By Mr. ARCHER, [21MR]
Agreed to in the House, [21MR]
H. Res. 388--
Resolution providing for consideration of the bill (H.R. 125) to repeal
the ban on semiautomatic assault weapons and the ban on large
capacity ammunition feeding devices.
By Mr. SOLOMON, [21MR]
Reported (H. Rept. 104-490), [21MR]
Agreed to in the House, [22MR]
H. Res. 389--
Resolution providing for the consideration of the Senate amendment to
the bill (H.R. 1833) to amend title 18, United States code, to ban
partial-birth abortions.
By Mrs. WALDHOLTZ, [22MR]
Reported (H. Rept. 104-492), [22MR]
Agreed to in the House, [27MR]
H. Res. 390--
Resolution concerning the prohibition on the use of United States
passports for travel to Lebanon; to the Committee on International
Relations.
By Mr. HOKE, [22MR]
Cosponsors added, [16SE]
H. Res. 391--
Resolution providing for consideration of the bill (H.R. 3136) to
provide for enactment of the Senior Citizens' Right to Work Act of
1996, the Line Item Veto Act, and the Small Business Growth and
Fairness Act of 1996, and to provide for a permanent increase in the
public debt limit.
BY Mr. SOLOMON, [27MR]
Reported (H. Rept. 104-500), [27MR]
Agreed to in the House amended, [28MR]
H. Res. 392--
Resolution providing for the consideration of the bill (H.R. 3103) to
amend the Internal Revenue Code of 1986 to improve portability and
continuity of health insurance coverage in the group and individual
markets, to combat waste, fraud, and abuse in health insurance and
health care delivery, to promote the use of medical savings
accounts, to improve access to long-term care services and coverage,
to simplify the administration of health insurance, and for other
purposes.
BY Mr. GOSS, [27MR]
Reported (H. Rept. 104-501), [27MR]
Agreed to in the House, [28MR]
H. Res. 393--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 2854) to modify the operation of certain
agricultural programs.
BY Mr. SOLOMON, [27MR]
Reported (H. Rept. 104-502), [27MR]
Agreed to in the House, [28MR]
H. Res. 394--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 956) to establish legal standards and
procedures for product liability litigation, and for other purposes.
BY Mr. LINDER, [27MR]
Reported (H. Rept. 104-503), [27MR]
Agreed to in the House, [29MR]
H. Res. 395--
Resolution providing for consideration of the joint resolution (H.J.
Res. 159) proposing an amendment to the Constitution of the United
states to require two-thirds majorities for bills increasing taxes.
By Mr. McINNIS, [29MR]
Reported (H. Rept. 104-513), [29MR]
Agreed to in the House, [15AP]
[[Page 2942]]
H. Res. 396--
Resolution providing for consideration of the bill (H.R. 842) to provide
off-budget treatment for the Highway Trust Fund, the Inland
Waterways Trust Fund, and the Harbor Maintenance Trust Fund.
By Mr. QUILLEN, [29MR]
Reported (H. Rept. 104-514), [29MR]
Agreed to in the House, [17AP]
H. Res. 397--
Resolution electing Representative James A. Hayes of Louisiana.; to the
Committee on Ways and Means.
By Mr. ARMEY, [29MR]
Agreed to in the House, [29MR]
H. Res. 398--
Resolution condemning the construction of a shopping center within the
internationally protected zone around the Auschwitz death camp in
Poland; to the Committee on International Relations.
By Mr. ENGEL (for himself, Mr. Gilman, Mr. Nadler, Mr. Saxton, Mr.
Deutsch, and Mr. McNulty), [29MR]
Cosponsors added, [6JN]
H. Res. 399--
Resolution expressing the sense of the House of Representatives with
respect to the promotion of democracy and civil society in Zaire; to
the Committee on International Relations.
By Mr. PAYNE of New Jersey (for himself, Mr. Chabot, Mrs. Clayton, Mr.
Conyers, Ms. McKinney, Mr. Bereuter, Mr. Owens, and Mr. Wynn),
[29MR]
Cosponsors added, [24AP], [23MY], [12JY]
H. Res. 400--
Resolution approving regulations to implement the Congressional
Accountability Act of 1995 with respect to employing offices and
covered employees of the House of Representatives; to the Committee
on House Oversight.
By Mr. THOMAS, [15AP]
Rules suspended. Agreed to in the House, [15AP]
H. Res. 401--
Resolution directing the Office of Compliance to provide educational
assistance to employing offices of the House of Representatives
regarding compliance with the Congressional Accountability Act of
1995 and requiring employing offices of the House of Representatives
to obtain the prior approval of the chairman and the ranking
minority party member of the Committee on House Oversight of the
House of Representatives of the amount of any settlement payments
made under such Act; to the Committee on House Oversight.
By Mr. THOMAS, [15AP]
Rules suspended. Agreed to in the House, [15AP]
H. Res. 402--
Resolution returning to the Senate the bill S. 1463.
By Mr. ARCHER, [16AP]
Agreed to in the House, [16AP]
H. Res. 403--
Resolution in tribute to Secretary of Commerce Ronald H. Brown and other
Americans who lost their lives on April 3, 1996, while in service to
their country on a mission to Bosnia; to the Committee on Commerce.
By Mr. GEPHARDT, [16AP]
H. Res. 404--
Resolution in tribute to Secretary of Commerce Ronald H. Brown and other
Americans who lost their lives on April 3, 1996, while in service to
their country on a mission to Bosnia; to the Committee on Commerce.
By Mrs. MEEK of Florida, [16AP]
Cosponsors added, [17AP]
H. Res. 405--
Resolution waiving points of order against the conference report to
accompany the bill (S. 735) to prevent and punish acts of terrorism,
and for other purposes.
By Ms. PRYCE, [17AP]
Reported (H. Rept. 104-522), [17AP]
Agreed to in the House, [18AP]
H. Res. 406--
Resolution in tribute to Secretary of Commerce Ronald H. Brown and other
Americans who lost their lives on April 3, 1996, while in service to
their country on a mission to Bosnia.
By Mr. Gephardt (for himself, Mr. Gingrich, Mrs. Meek of Florida, Mr.
Dingell, Mr. Payne of New Jersey, Mr. Conyers, Mr. Ford, Mrs.
Collins of Illinois, Mrs. Clayton, Mr. Rangel, Mr. Owens, Mr. Fields
of Louisiana, Mr. Hilliard, Mr. Frazer, Ms. Norton, Mr. Wynn, Mr.
Dellums, Mr. Jefferson, Mr. Dixon, Mr. Rush, Ms. McKinney, Mr. Clay,
Ms. Jackson-Lee, Mr. Bishop, Mr. Hoyer, Mr. Matsui, Mrs. Mink of
Hawaii, Mr. Rahall, Mr. Barrett of Wisconsin, Mr. Gejdenson, Mr.
Coleman, Mr. Gordon, Mr. Brown of California, Ms. Harman, Mrs.
Kennelly, Mr. Sawyer, Ms. Lofgren, Mr. Bonior, Mr. Fazio of
California, Mr. Frost, Mr. Lewis of Georgia, Ms. DeLauro, Mr.
Edwards, Mr. Cardin, Mr. Pallone, Mr. Stenholm, Mr. Levin, Mr.
Stupak, Mr. Schumer, Mr. Johnston of Florida, Ms. Pelosi, Mr. Reed,
Mr. Berman, Mr. Miller of California, Mr. Sabo, Mr. Volkmer, Mr.
Oberstar, Mr. Skaggs, Mr. Durbin, Mr. Neal of Massachusetts, Mr.
Frank of Massachusetts, Ms. Woolsey, Mr. Bentsen, Ms. Eddie Bernice
Johnson of Texas, Mr. Obey, Mr. Olver, Mr. Abercrombie, Mr. Borski,
Mr. Studds, Mr. Stokes, Mr. Meehan, Mr. Baldacci, Mr. McHale, Mr.
Skelton, Mr. Mascara, Mr. Clyburn, Mr. Filner, Mr. Barcia of
Michigan, Mr. Kleczka, Mr. Ackerman, Mr. Hinchey, Mr. Deutsch, Mrs.
Maloney, Mr. Jackson, Mr. Doyle, Ms. Brown of Florida, Mr. Taylor of
Mississippi, Miss Collins of Michigan, Mr. Fattah, Mr. Traficant,
Mr. Towns, Mr. Yates, Mr. Thornton, Mr. Scott, Mr. Kanjorski, Mr.
Poshard, Mr. Lantos, Mr. Evans, Mr. Martinez, Mr. Hall of Ohio, Mr.
Andrews, Mr. Boucher, Mr. Nadler, Mr. Romero-Barcelo, Mr. Markey,
Mr. Stark, Mr. Manton, Mr. Coyne, Mr. Watt of North Carolina, Mr.
Moakley, Mr. Green of Texas, Mr. Underwood, Mr. Klink, Ms. Eshoo,
Mr. Richardson, Mr. Ward, Mr. Costello, Mr. Spratt, Mr. Engel, Mr.
Visclosky, Ms. Waters, Mr. Luther, Mr. Kennedy of Massachusetts, Mr.
Farr, Mr. Waxman, Ms. Furse, Mr. Thompson, Mr. de la Garza, Mr.
Flake, Ms. Millender-McDonald, and Mr. Forbes), [18AP]
Agreed to in the House, [18AP]
H. Res. 407--
Resolution condemning the National Rifle Association for holding its
annual convention on the anniversary of the bombing of the Alfred P.
Murrah Federal Building in Oklahoma City, OK; to the Committee on
Government Reform and Oversight.
By Mr. SCHUMER, [18AP]
H. Res. 408--
Resolution designating minority membership on certain standing
committees of the House.
By Mr. FAZIO of California, [22AP]
Agreed to in the House, [22AP]
H. Res. 409--
Resolution providing for consideration of the bill (H.R. 2715) to amend
chapter 35 of title 44, United States Code, popularly known as the
Paperwork Reduction Act, to minimize the burden of Federal paperwork
demands upon small businesses, educational and nonprofit
institutions, Federal contractors, State and local governments, and
other persons through the sponsorship and use of alternative
information technologies.
By Mr. LINDER, [23AP]
Reported (H. Rept. 104-532), [23AP]
Agreed to in the House, [24AP]
H. Res. 410--
Resolution providing for consideration of the bill (H.R. 1675) to amend
the National Wildlife Refuge System Administration Act of 1996 to
improve the management of the National Wildlife Refuge System, and
for other purposes.
By Mr. GOSS, [23AP]
Reported (H. Rept. 104-533), [23AP]
Agreed to in the House, [24AP]
H. Res. 411--
Resolution providing for consideration of the joint resolution (H.J.
Res. 175) making further continuing appropriations for the fiscal
year 1996, and for other purposes.
By Mr. DREIER, [23AP]
Reported (H. Rept. 104-534), [23AP]
Agreed to in the House, [24AP]
H. Res. 412--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of certain resolutions reported from the Committee
on Rules.
By Mr. McINNIS, [24AP]
Reported (H. Rept. 104-535), [24AP]
Agreed to in the House, [25AP]
H. Res. 413--
Resolution recognizing the importance of a nationally designated
``Character Counts Week'' and of the character development of young
people to the present and future of the United States, and
encouraging community, school, and youth organizations to integrate
the ``six core elements of character'' articulated in the Aspen
Declaration into programs for students and children; to the
Committee on Economic and Educational Opportunities.
By Mr. SMITH of Michigan (for himself, Mr. Hall of Ohio, Mr. Emerson,
Mr. Hamilton, Mr. Hyde, and Mr. Moakley), [24AP]
Cosponsors added, [4SE]
H. Res. 414--
Resolution designating minority membership on certain standing
committees of the House.
By Mr. FAZIO of California, [25AP]
Agreed to in the House, [25AP]
H. Res. 415--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3019) making appropriations for fiscal year
1996 to make a further downpayment toward a balanced budget, and for
other purposes.
By Mr. SOLOMON, [25AP]
Reported (H. Rept. 104-538), [25AP]
Agreed to in the House, [25AP]
H. Res. 416--
Resolution establishing a select committee of the Committee on
International Relations to investigate the United States role in
Iranian arms transfer to Croatia and Bosnia; to the Committee on
Rules.
By Mr. GILMAN, [29AP]
Reported (H. Rept. 104-551), [2MY]
Agreed to in the House, [8MY]
H. Res. 417--
Resolution providing amounts for the expenses of the select subcommittee
on the United States role in Iranian arms transfers to Croatia and
Bosnia of the Committee on International Relations in the 2d session
of the 104th Congress; to the Committee on House Oversight.
By Mr. GILMAN, [29AP]
Reported with amendment (H. Rept. 104-559), [6MY]
Agreed to in the House amended, [8MY]
H. Res. 418--
Resolution providing for consideration of the bill (H.R. 2641) to amend
title 28, United States Code, to provide for appointment of U.S.
marshals by the Director of the U.S. Marshals Service.
By Ms. PRYCE, [30AP]
Reported (H. Rept. 104-543), [30AP]
Agreed to in the House, [1MY]
H. Res. 419--
Resolution providing for consideration of the bill (H.R. 2149) to reduce
regulation, promote efficiencies, and encourage competition in the
international ocean transportation system of the United States, to
eliminate the Federal Maritime Commission, and for other purposes.
By Mr. QUILLEN, [30AP]
Reported (H. Rept. 104-544), [30AP]
Agreed to in the House amended, [1MY]
H. Res. 420--
Resolution recognizing and commending Viola Liuzzo for her extraordinary
courage and for her contribution to the Nation; to the Committee on
the Judiciary.
By Mr. JACOBS (for himself and Mr. Conyers), [1MY]
H. Res. 421--
Resolution providing for consideration of the bill (H.R. 2974) to amend
the Violent Crime Control and Law Enforcement Act of 1994 to provide
enhanced penalties for crimes against elderly and child victims.
By Mr. DIAZ-BALART, [2MY]
Reported (H. Rept. 104-552), [2MY]
Agreed to in the House, [7MY]
H. Res. 422--
Resolution providing for consideration of the bill (H.R. 3120) to amend
title 18, United States Code, with respect to witness retaliation,
witness tampering and jury tampering.
By Ms. GREENE of Utah, [2MY]
Reported (H. Rept. 104-553), [2MY]
Agreed to in the House, [7MY]
H. Res. 423--
Resolution amending the Rules of the House of Representatives to require
each Member of the House of Representatives to submit annual reports
for publication in the Congressional Record on certain federally
funded travel taken by the
[[Page 2943]]
Member during the year; to the Committee on Rules.
By Mr. GANSKE (for himself, Mr. Klug, Mr. Canady, Mr. Coburn, Mr. Deal
of Georgia, Ms. Lofgren, Mr. Poshard, and Ms. Rivers), [2MY]
Cosponsors added, [8MY], [21MY], [18JN], [9JY], [18SE], [26JY]
H. Res. 424--
Resolution providing for the consideration of the resolution (H. Con.
Res. 66) setting forth the congressional budget for the U.S.
Government for the fiscal years 1996, 1997, 1998, 1999, 2000, 2001,
and 2002; to the Committee on Rules.
By Mr. SABO (for himself, Mr. Stenholm, Ms. Slaughter, Mr. Coyne, Mrs.
Mink of Hawaii, Mr. Orton, Mr. Pomeroy, Ms. Woolsey, Ms. Roybal-
Allard, Mrs. Meek of Florida, and Mr. Thompson), [2MY]
H. Res. 425--
Resolution providing for the consideration of the bill (H.R. 2915) to
enhance support and work opportunities for families with children,
reduce welfare dependence and control welfare spending; to the
Committee on Rules.
By Mr. TANNER (for himself, Mrs. Lincoln, Mr. Stenholm, and Mr. Payne
of Virginia), [6MY]
Discharge petition (Pet. 104-14) filed, [27JN]
H. Res. 426--
Resolution providing for consideration of the bill (H.R. 2406) to repeal
the United States Housing Act of 1937, deregulate the public housing
program and the program for rental housing assistance for low-income
families, and increase community control over such programs, and for
other purposes.
By Mr. DREIER, [7MY]
Reported (H. Rept. 104-564), [7MY]
Agreed to in the House, [8MY]
H. Res. 427--
Resolution providing for consideration of the bill (H.R. 3322) to
authorize appropriations for fiscal year 1997 for civilian science
activities of the Federal Government, and for other purposes.
By Ms. GREENE of Utah, [7MY]
Reported (H. Rept. 104-565), [7MY]
Agreed to in the House, [9MY]
H. Res. 428--
Resolution providing for consideration of the bill (H.R. 3286) to help
families defray adoption costs, and to promote the adoption of
minority children.
By Ms. PRYCE, [7MY]
Reported (H. Rept. 104-566), [7MY]
Agreed to in the House, [9MY]
H. Res. 429--
Resolution expressing the sense of the House of Representatives with
respect to the compliance of the People's Republic of China with its
intellectual property rights enforcement agreement with the United
States and its accession to the World Trade Organization; to the
Committee on Ways and Means.
By Mr. MARKEY (for himself, Ms. Pelosi, Mr. Bryant of Texas, and Mr.
Spratt), [9MY]
Cosponsors added, [10MY], [16MY], [30MY], [9JY]
H. Res. 430--
Resolution providing for consideration of the bill (H.R. 3230) to
authorize appropriations for fiscal year 1997 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1997, and for other purposes.
By Mr. SOLOMON, [9MY]
Reported (H. Rept. 104-570), [9MY]
Agreed to in the House, [10MY]
H. Res. 431--
Resolution expressing the sense of the House of Representatives
concerning the constitutional duty of the Congress; to the Committee
on the Judiciary.
By Mr. HAYWORTH (for himself, Mr. Taylor of North Carolina, Mr.
Hostettler, Mr. Dornan, Mr. Stump, Mr. Brownback, Mr. Hoke, Mr.
Doolittle, Mr. Pombo, and Mr. Baker of Louisiana), [10MY]
H. Res. 432--
Resolution amending the Code of Official Conduct in the Rules of the
House of Representatives to prohibit a Member from soliciting or
accepting campaign contributions in the hall of the House, rooms
leading thereto, or the cloakrooms; to the Committee on Standards of
Official Conduct.
By Ms. RIVERS (for herself and Mr. Luther), [10MY]
Cosponsors added, [23MY]
H. Res. 433--
Resolution amending the Rules of the House of Representatives to
prohibit a Member, officer, or employee of the House from
distributing campaign contributions in the Hall of the House; to the
Committee on Standards of Official Conduct.
By Mr. MORAN, [14MY]
H. Res. 434--
Resolution expressing the sense of the House of Representatives that
children are America's greatest assets; to the Committee on Economic
and Educational Opportunities.
By Mr. RANGEL, [14MY]
H. Res. 435--
Resolution providing for further consideration of the concurrent
resolution (H. Con. Res. 178) establishing the congressional budget
for the United States Government for fiscal year 1997 and setting
forth appropriate budgetary levels for fiscal years 1998, 1999,
2000, 2001, and 2002.
By Mr. SOLOMON, [15MY]
Reported (H. Rept. 104-577), [15MY]
Agreed to in the House, [16MY]
H. Res. 436--
Resolution providing for consideration of the bill (H.R. 3415) to amend
the Internal Revenue Code of 1996 to repeal the 4.3-cent increase in
the transportation motor fuels tax rates enacted by the Omnibus
Budget Reconciliation Act of 1993 and dedicated to the general fund
of the Treasury.
By Mr. DREIER, [16MY]
Reported (H. Rept. 104-580), [16MY]
Agreed to in the House, [21MY]
H. Res. 437--
Resolution providing for consideration of the bill (H.R. 3259) to
authorize appropriations for fiscal year 1997 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
By Mr. GOSS, [16MY]
Reported (H. Rept. 104-581), [16MY]
Agreed to in the House, [21MY]
H. Res. 438--
Resolution providing for consideration of the bill (H.R. 3144) to
establish a United States policy for the deployment of a national
missile defense system, and for other purposes.
By Mr. DIAZ-BALART, [16MY]
Reported (H. Rept. 104-582), [16MY]
H. Res. 439--
Resolution amending the rule XLIII of the Rules of the House of
Representatives to prohibit a Member, officer, or employee of the
House from soliciting, distributing, or accepting campaign
contributions in the Hall of the House, rooms leading thereto, or
the cloakrooms; to the Committee on Standards of Official Conduct.
By Mrs. SMITH of Washington, [16MY]
Cosponsors added, [21MY], [23MY], [29MY], [30MY], [4JN], [10JN],
[11JN], [18JN], [18JY]
H. Res. 440--
Resolution providing for consideration of the bill (H.R. 3448) to
provide tax relief for small businesses, to protect jobs, to create
opportunities, to increase the take home pay of workers, and for
other purposes, and for consideration of the bill (H.R. 1227) to
amend the Portal-to-Portal Act of 1947 relating to the payment of
wages to employees who use employer owned vehicles.
By Mr. SOLOMON, [21MY]
Reported (H. Rept. 104-590), [21MY]
Agreed to in the House, [22MY]
H. Res. 441--
Resolution calling upon, and requesting that the President call upon,
all Americans to recognize and appreciate the historical
significance and the heroic human endeavor and sacrifice of the
people of Crete during World War II, and commending the PanCretan
Association of America; to the Committee on International Relations.
By Mr. KLINK (for himself, Mr. Bateman, Mr. Bilirakis, Mr. Blute, Mr.
Coyne, Mr. Dornan, Mr. Doyle, Mr. Engel, Mr. Funderburk, Mr. Green
of Texas, Mr. Horn, Mrs. Maloney, Mr. Matsui, Mr. Meehan, Mr.
Menendez, and Mr. Pallone), [23MY]
Cosponsors added, [30MY], [19JN], [25JN], [23JY], [26SE]
H. Res. 442--
Resolution providing for consideration of the bill (H.R. 3517) making
appropriations for military construction, family housing, and base
realignment and closure for the Department of Defense for the fiscal
year ending September 30, 1997, and for other purposes.
By Mr. QUILLEN, [29MY]
Agreed to in the House, [30MY]
H. Res. 443--
Resolution providing for consideration of the bill (H.R. 1627) to amend
the Federal Insecticide, Fungicide and Rodenticide Act and the
Federal Food, Drug, and Cosmetic Act, and for other purposes; to the
Committee on Rules.
By Mr. CONDIT (for himself, Mr. Pombo, Mr. Brewster, Mr. Calvert, Mr.
Chambliss, Mrs. Chenoweth, Mr. Dooley, Mr. Doolittle, Mr. Fazio of
California, Mr. Foley, Mr. Pete Geren of Texas, Mr. Hayes, Mr.
Herger, Mrs. Lincoln, Mr. Orten, Mr. Payne of Virginia, Mr. Peterson
of Minnesota, Mr. Radanovich, Mr. Riggs, Mr. Sisisky, and Mr.
Stenholm), [29MY]
Discharge petition (Pet. 104-13) filed, [25JN]
H. Res. 444--
Resolution urging the detention and extradition to the United States by
the appropriate foreign governments of Mohammed Abbas for the murder
of Leon Klinghoffer; to the Committee on International Relations.
By Mr. FORBES, [29MY]
H. Res. 445--
Resolution providing for consideration of the bill (H.R. 3540) making
appropriations for foreign operations, export financing, and related
programs for the fiscal year ending September 30, 1997, and for
other purposes.
By Mr. GOSS, [30MY]
Reported (H. Rept. 104-601), [30MY]
Agreed to in the House, [5JN]
H. Res. 446--
Resolution providing for consideration of the bill (H.R. 3562) to
authorize the State of Wisconsin to implement the demonstration
project known as Wisconsin Works.
By Mr. SOLOMON, [5JN]
Reported (H. Rept. 104-604), [5JN]
Agreed to in the House, [6JN]
H. Res. 447--
Resolution designating the minority membership on certain standing
committees of the House.
By Mr. FAZIO of California, [5JN]
Agreed to in the House, [5JN]
H. Res. 448--
Resolution providing for consideration of the bill (H.R. 2754) to
approve and implement the OECD Shipbuilding Trade Agreement.
By Mr. DREIER, [6JN]
Reported (H. Rept. 104-606), [6JN]
Agreed to in the House, [12JN]
H. Res. 449--
Resolution relating to breast implants, the Food and Drug
Administration, and breast care; to the Committee on Commerce.
By Mrs. VUCANOVICH (for herself, Mr. Calvert, Mrs. Clayton, Mr.
Hobson, Mr. Hutchinson, Mrs. Johnson of Connecticut, Mr. Lipinski,
Mr. Myers of Indiana, Mr. Petri, and Mr. Wamp), [6JN]
H. Res. 450--
Resolution waiving points of order against the conference report to
accompany the concurrent resolution (H. Con. Res. 178) establishing
the congressional budget for the U.S. Government for fiscal year
1997 and setting forth appropriate budgetary levels for fiscal years
1998, 1999, 2000, 2001, and 2002.
By Mr. DREIER, [10JN]
Reported (H. Rept. 104-615), [10JN]
Agreed to in the House, [12JN]
H. Res. 451--
Resolution providing for consideration of the bill (H.R. 3603) making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and related agencies programs for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. LINDER, [10JN]
Reported (H. Rept. 104-616), [10JN]
Agreed to in the House, [11JN]
H. Res. 452--
Resolution expressing the sense of the House of Representatives that
Colombian fresh cut flowers should not receive preferential tariff
treatment; to the Committee on Ways and Means.
By Mr. CAMPBELL (for himself, Mr. Farr, Mr. Cunningham, Mr. Calvert,
Mr. Waxman, Mr. Pombo,
[[Page 2944]]
Mrs. Seastrand, Mr. Riggs, Mr. Gallegly, Mr. Baker of California,
Ms. Eshoo, and Mr. Doolittle), [12JN]
Cosponsors added, [27JN], [10JY]
H. Res. 453--
Resolution providing for consideration of the bill (H.R. 3610) making
appropriations for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. SOLOMON, [12JN]
Reported (H. Rept. 104-619), [12JN]
Agreed to in the House, [13JN]
H. Res. 454--
Resolution directing the Committee on House Oversight of the House of
Representatives to take all necessary steps to make voting records
of members of the House and other information on the legislative
activities of the House accessible on the Internet through the
official homepage of the House of Representatives, and for other
purposes; to the Committee on Rules.
By Ms. LOFGREN (for herself and Mr. Farr), [12JN]
H. Res. 455--
Resolution providing for consideration of the bill (H.R. 3662) making
appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1997, and for
other purposes.
By Ms. PRYCE, [18JN]
Reported (H. Rept. 104-627), [18JN]
Agreed to in the House, [19JN]
H. Res. 456--
Resolution providing for consideration of the bill (H.R. 3666) making
appropriations for the Departments of Veterans Affairs and Housing
and Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes.
By Mr. QUILLEN, [19JN]
Reported (H. Rept. 104-630), [19JN]
Agreed to in the House, [25JN]
H. Res. 457--
Resolution to amend the Rules of the House of Representatives to
prohibit the knowing solicitation, distribution, or acceptance of
campaign contributions in the Hall of the House or rooms leading
thereto; to the Committee on Rules.
By Mr. BOEHNER, [20JN]
H. Res. 458--
Resolution expressing the sense of the House of Representatives that the
President should request the Department of the Treasury and the
Secret Service to work with the Government of the District of
Columbia to develop a plan for the permanent reopening to vehicular
traffic of Pennsylvania Avenue in front of the White House in order
to restore the avenue to its original state and return it to the
people; to the Committee on Government Reform and Oversight.
By Ms. NORTON (for herself, Mr. Davis, Mr. LaTourette, and Mr. Moran),
[20JN]
H. Res. 459--
Resolution expressing the condolences of the House on the death of
Representative Bill Emerson.
By Mr. CLAY, [25JN]
Agreed to in the House, [25JN]
H. Res. 460--
Resolution providing for consideration of the bill (H.R. 3675) making
appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 1997, and for
other purposes.
By Ms. Greene of Utah, [25JN]
Reported (H. Rept. 104-633), [25JN]
Agreed to in the House, [26JN]
H. Res. 461--
Resolution regarding United States concerns with human rights abuse,
nuclear and chemical weapons proliferation, illegal weapons trading,
military intimidation of Taiwan, and trade violations by the
People's Republic of China and the People's Liberation Army, and
directing the committees of jurisdiction to commence hearings and
report appropriate legislation; to the Committee on Rules.
By Mr. COX (for himself and Mr. Solomon), [25JN]
Cosponsors added, [26JN], [27JN]
Agreed to in the House, [27JN]
H. Res. 462--
Resolution designating the majority membership on certain standing
committees of the House.
By Mr. FOX, [25JN]
Agreed to in the House, [25JN]
H. Res. 463--
Resolution providing for consideration of a joint resolution and a
resolution relating to the People's Republic of China.
By Mr. SOLOMON, [25JN]
Reported (H. Rept. 104-636), [25JN]
Agreed to in the House, [26JN]
H. Res. 464--
Resolution expressing the sense of the House of Representatives relating
to the recognition of the Magen David Adom--Red Shield of David--as
a symbol of the International Red Cross and Red Crescent Movement;
to the Committee on International Relations.
By Mr. FRANK of Massachusetts, [25JN]
Cosponsors added, [12JY]
H. Res. 465--
Resolution providing for consideration of a concurrent resolution
providing for adjournment of the House and Senate for the
Independence Day district work period.
By Mr. DIAZ-BALART, [26JN]
Reported (H. Rept. 104-640), [26JN]
Agreed to in the House, [27JN]
H. Res. 466--
Resolution providing for the consideration of the bill (H.R. 2275) to
reauthorize and amend the Endangered Species Act of 1973; to the
Committee on Rules.
By Mr. BONILLA (for himself and Mr. Condit), [26JN]
Discharge petition (Pet. 104-15) filed, [17JY]
H. Res. 467--
Resolution electing Representative Baker of Louisiana to the Committee
on Transportation and Infrastructure.
By Mr. GOSS, [26JN]
Agreed to in the House, [26JN]
H. Res. 468--
Resolution relating to a question of the privileges of the House.
By Mr. JOHNSTON of Florida, [27JN]
Laid on the table, [27JN]
H. Res. 469--
Resolution to commend the patriotic citizens of Remy, France, who
honorably buried Lt. Houston Braly after his heroic attack on a
German munitions train on August 2, 1944; to the Committee on
International Relations.
By Mr. BAKER of California (for himself, Mr. Calvert, and Mr.
Lipinski), [27JN]
H. Res. 470--
Resolution expressing the sense of the Congress that the Department of
Education should play a more active role in monitoring and enforcing
compliance with the provisions of the Higher Education Act of 1965
related to campus crime; to the Committee on Economic and
Educational Opportunities.
By Mr. GOODLING (for himself and Mr. McKeon), [27JN]
Cosponsors added, [26JY]
Reported (H. Rept. 104-776), [5SE]
Considered under suspension of the rules, [10SE]
Rules suspended. Agreed to in the House, [11SE]
H. Res. 471--
Resolution electing Representative Enid Greene of Utah to act as Speaker
pro tempore.
By Mr. LIVINGSTON, [8JY]
Agreed to in the House, [8JY]
H. Res. 472--
Resolution providing for consideration of the bill (H.R. 3755) making
appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies, for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. GOSS, [9JY]
Reported (H. Rept. 104-662), [9JY]
Agreed to in the House, [10JY]
H. Res. 473--
Resolution providing for consideration of the bill (H.R. 3754) making
appropriations for the Legislative Branch for the fiscal year ending
September 30, 1997, and for other purposes.
By Mr. DREIER, [9JY]
Reported (H. Rept. 104-663), [9JY]
Agreed to in the House, [10JY]
H. Res. 474--
Resolution providing for consideration of the bill (H.R. 3396) to define
and protect the institution of marriage.
By Mr. McINNIS, [10JY]
Reported (H. Rept. 104-666), [10JY]
Agreed to in the House, [11JY]
H. Res. 475--
Resolution providing for consideration of the bill (H.R. 3756) making
appropriations for the Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies, for the fiscal year ending September 30, 1997, and for
other purposes.
By Mr. DIAZ-BALART, [11JY]
Reported (H. Rept. 104-671), [11JY]
Agreed to in the House, [16JY]
H. Res. 476--
Resolution amending the Rules of the House of Representatives to reduce
the number of programs covered by each regular appropriation bill;
to the Committee on Rules.
By Mr. STUPAK, [11JY]
H. Res. 477--
Resolution amending the Rules of the House of Representatives regarding
trust relationships; to the Committee on Rules.
By Mr. MINGE, [12JY]
H. Res. 478--
Resolution to amend the rules of the House of Representatives to provide
public access to committee documents over the Internet, and for
other purposes; to the Committees on Rules; House Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. WHITE (for himself, Mr. Dreier, Mr. Bass, Mr. Brownback, and
Mr. Frisa), [16JY]
Cosponsors added, [23JY], [30JY], [31JY], [2AU], [11SE], [25SE],
[27SE]
H. Res. 479--
Resolution providing for consideration of the bill (H.R. 3814) making
appropriations for the Depts. of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September
30, 1997, and for other purposes.
By Ms. PRYCE, [16JY]
Reported (H. Rept. 104-678), [16JY]
Agreed to in the House, [17JY]
H. Res. 480--
Resolution amending the rules of the House of Representatives to
implement the recommendations of the task force on committee review
regarding committee operations, procedures, and staffing, and for
other purposes; to the Committees on Rules; House Oversight, for a
period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
By Mr. BASS (for himself, Mr. Dreier, Mr. White, Mr. Brownback, and
Mr. Allard), [16JY]
Cosponsors added, [17JY], [23JY], [30JY]
H. Res. 481--
Resolution providing for consideration of the bill (H.R. 3820) to amend
the Federal Election Campaign Act of 1971 to reform the financing of
Federal election campaigns, and for other purposes.
By Mr. SOLOMON, [17JY]
Reported (H. Rept. 104-685), [17JY]
Agreed to in the House amended, [25JY]
H. Res. 482--
Resolution providing for further consideration of the bill (H.R. 3734)
to provide for reconciliation pursuant to section 201(a)(1) of the
concurrent resolution on the budget for fiscal year 1997.
By Mr. GOSS, [17JY]
Reported (H. Rept. 104-686), [17JY]
Agreed to in the House, [18JY]
H. Res. 483--
Resolution providing for consideration of the bill (H.R. 3816) making
appropriations for energy and water development for the fiscal year
ending September 30, 1997, and for other purposes.
By Mr. QUILLEN, [18JY]
Reported (H. Rept. 104-688), [18JY]
Agreed to in the House, [24JY]
H. Res. 484--
Resolution expressing the sense of the House of Representatives that the
major television networks should revive their traditional ``Family
Hour'' and voluntarily reserve the first hour of prime-time
broadcasting for family-oriented programming; to the Committee on
Commerce.
By Mr. SMITH of Texas (for himself, Mr. Kennedy of Massachusetts, Mr.
Whitfield, Mr. Greenwood, Mr. Johnson of South Dakota, Mr. Dornan,
Mr. Barrett of Wisconsin, Mrs. Maloney, Mr. Canady,
[[Page 2945]]
Mr. Bentsen, Mr. Solomon, Mr. Watts of Oklahoma, Mr. Green of Texas,
Mr. Kim, Mr. Foley, Mr. Durbin, Mr. Reed, Ms. Lofgren, Mr.
Scarborough, Mr. Inglis of South Carolina, Ms. Norton, Mr. Weldon of
Pennsylvania, Mr. Bartlett of Maryland, Mr. Jacobs, Mr. Ehrlich, Mr.
Calvert, Mr. Lipinski, Mr. Wolf, Mr. Cunningham, Mrs. Clayton, Mr.
Portman, Mr. Dickey, Mr. Hinchey, Mrs. Myrick, Mr. Weldon of
Florida, Mr. Nethercutt, Mrs. Kelly, Mr. Hutchinson, Mr. Roberts,
Mr. Collins of Georgia, Mr. Underwood, Mrs. Lincoln, Mr. Hastings of
Florida, Mr. Heineman, Mr. Wamp, Mr. Smith of Michigan, Mrs. Fowler,
Mr. Radanovich, Mr. Spence, Mr. Souder, Mr. Hunter, Mr. Burton of
Indiana, Mr. Chambliss, Mr. Deal of Georgia, Ms. McKinney, Mr.
Poshard, Mr. LaFalce, Mr. Wilson, Mr. DeLay, Mr. Stenholm, Mr.
Packard, Mr. Largent, Mr. Hoke, Mr. Frost, Ms. Kaptur, Mr. Pomeroy,
Mr. Herger, Mr. Evans, Mr. Castle, Mr. English of Pennsylvania, Mr.
Murtha, Mr. Wicker, Mr. Knollenberg, Mr. LaHood, Ms. Rivers, Mr.
Barton of Texas, Mr. Parker, Mr. Stockman, Mr. Archer, Mr. Laughlin,
Mr. Sam Johnson, Mr. Combest, Mr. Thornberry, Mr. McCrery, Mr.
Franks of New Jersey, Mr. Filner, Mr. Ballenger, Mr. Moran, Mr.
Faleomavaega, Mr. Manzullo, Mrs. Collins of Illinois, Mr. Clement,
Ms. Roybal-Allard, and Mr. Longley), [18JY]
Cosponsors added, [1AU], [2AU]
H. Res. 485--
Resolution electing Representative Klug of Wisconsin, to the Committee
on Government Reform and Oversight.
By Mr. MICA, [22JY]
Agreed to in the House, [22JY]
H. Res. 486--
Resolution amending the Rules of the House of Representatives to require
witnesses at committee hearings to submit statements identifying
Federal grants or contracts received during the current and previous
2 fiscal years; to the Committee on Rules.
By Mr. DOOLITTLE (for himself, Mr. DeLay, and Mr. Radanovich), [22JY]
Cosponsors added, [11SE], [30SE]
H. Res. 487--
Resolution recognizing Brown Chapel African Methodist Episcopal Church
in Selma, AL, as a symbol of the struggle for and achievement of
voting rights for African-Americans; to the Committee on Resources.
By Mr. HILLIARD (for himself, Miss Collins of Michigan, Mr. Flake, Ms.
Brown of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. Stokes,
Ms. Jackson-Lee, Mrs. Meek of Florida, Mr. Wynn, Mr. Rangel, Mr.
Payne of New Jersey, Mr. Conyers, Mr. Dixon, Mr. Fields of
Louisiana, Mr. Jackson, Mr. Jefferson, Ms. Waters, Mr. Towns, Mr.
Thompson, Mr. Owens, Mr. Clyburn, Mr. Hastings of Florida, Mr. Lewis
of Georgia, Mr. Scott, Mr. Ford, Mrs. Clayton, Mrs. Collins of
Illinois, Ms. Norton, Mr. Cummings, Mr. Rush, Mr. Fattah, Ms.
McKinney, and Mr. Bishop), [22JY]
H. Res. 488--
Resolution providing for consideration of the bill (H.R. 2391) to amend
the Fair Labor Standards Act of 1938 to provide compensatory time
for all employees.
By Ms. GREENE of Utah, [24JY]
Reported (H. Rept. 104-704), [24JY]
Agreed to in the House, [26JY]
H. Res. 489--
Resolution providing for consideration of the bill (H.R. 2823) to amend
the Marine Mammal Protection Act of 1972 to support the
International Dolphin Conservation Program in the eastern tropical
Pacific Ocean, and for other purposes.
By Mr. GOSS, [25JY]
Reported (H. Rept. 104-708), [25JY]
Agreed to in the House, [31JY]
H. Res. 490--
Resolution expressing the sense of the House of Representatives that
Taiwan should be admitted to the World Trade Organization without
making such admission conditional on the previous or simultaneous
admission of the People's Republic of China to the WTO; to the
Committee on Ways and Means.
By Mr. COX (for himself, Mr. Bono, Mr. Brown of Ohio, Mr. Funderburk,
Mr. Lantos, Ms. Pelosi, Mr. Royce, Mr. Scarborough, Mr. Smith of New
Jersey, Mr. Solomon, Mr. Torricelli, and Mr. Dornan), [26JY]
H. Res. 491--
Resolution expressing the sense of the House of Representatives that
criminals from the genocide in Rwanda should be brought to justice
by the International Criminal Tribunal for Rwanda; to the Committee
on International Relations.
By Mr. PAYNE of New Jersey (for himself, Mr. Porter, Mr. Lantos, Mr.
Bereuter, Ms. Pelosi, Mr. Hastings of Florida, Mr. Ackerman, Mr.
Wolf, Mr. Fattah, Mr. Torricelli, Mrs. Clayton, Mr. Olver, Mr.
Evans, Ms. Waters, Mr. Conyers, and Mr. Cummings), [26JY]
H. Res. 492--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of a certain resolution reported from the Committee
on Rules.
By Mr. McINNIS, [30JY]
Reported (H. Rept. 104-720), [30JY]
Agreed to in the House, [31JY]
H. Res. 493--
Resolution urging that certain actions be taken with respect to
Vietnamese asylum seekers; to the Committees on International
Relations; the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. DORNAN, [30JY]
H. Res. 494--
Resolution expressing the sense of the House of Representatives that
criminals from the genocide in Rwanda should be brought to justice
by the International Criminal Tribunal for Rwanda; to the Committee
on International Relations.
By Mr. PAYNE of New Jersey (for himself, Mr. Porter, Mr. Lantos, Ms.
Pelosi, Mr. Hastings of Florida, Mr. Ackerman, Mr. Fattah, Mr.
Torricelli, Mrs. Clayton, Mr. Olver, Mr. Evans, and Ms. Waters),
[30JY]
H. Res. 495--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3734) to provide for reconciliation
pursuant to section 201(a)(1) of the concurrent resolution on the
budget for fiscal year 1997.
By Mr. SOLOMON, [31JY]
Reported (H. Rept. 104-729), [31JY]
Agreed to in the House, [31JY]
H. Res. 496--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3603) making appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
related agencies programs for the fiscal year ending September 30,
1997, and for other purposes.
By Mr. GOSS, [31JY]
Reported (H. Rept. 104-730), [31JY]
Laid on the table, [1AU]
H. Res. 497--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3517) making appropriations for military
construction, family housing, and base realignment and closure for
the Department of Defense for the fiscal year ending September 30,
1997, and for other purposes.
By Ms. PRYCE, [31JY]
Reported (H. Rept. 104-731), [31JY]
Laid on the table, [1AU]
H. Res. 498--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3230) to authorize appropriations for
fiscal year 1997 for military activities of the Department of
Defense, to prescribe military personnel strengths for fiscal year
1997, and for other purposes.
By Mr. SOLOMON, [31JY]
Reported (H. Rept. 104-732), [31JY]
Agreed to in the House, [1AU]
H. Res. 499--
Resolution providing for consideration of the bill (H.R. 123) to amend
title 4, United States Code, to declare English as the official
language of the Government of the United States.
By Mr. LINDER, [31JY]
Reported (H. Rept. 104-734), [31JY]
Agreed to in the House, [1AU]
H. Res. 500--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of a certain resolution reported form the Committee
on Rules.
By Mr. GOSS, [31JY]
Reported (H. Rept. 104-735), [31JY]
Agreed to in the House, [1AU]
H. Res. 501--
Resolution calling upon the Government of Germany to negotiate in good
faith regarding expansion of eligibility for Holocaust survivor
compensation; to the Committee on International Relations.
By Mrs. MALONEY (for herself, Mr. Yates, and Mrs. Lowey), [31JY]
Cosponsors added, [17SE], [25SE]
H. Res. 502--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3103) to amend the Internal Revenue Code of
1986 to improve portability and continuity of health insurance
coverage in the group and individual markets, to combat waste,
fraud, and abuse in health insurance and health care delivery, to
promote the use of medical savings accounts, to improve access to
long-term care services and coverage, to simplify the administration
of health insurance, and for other purposes.
By Mr. GOSS, [1AU]
Reported (H. Rept. 104-738), [1AU]
Agreed to in the House, [1AU]
H. Res. 503--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3448) to provide tax relief for small
businesses, to protect jobs, to create opportunities, to increase
the take home pay of workers, to amend the Portal-to-Portal Act of
1947 relating to the payment of wages to employees who use employer
owned vehicles, and to amend the Fair Labor Standards Act of 1938 to
increase the minimum wage rate and to prevent job loss by providing
flexibility to employers in complying with minimum wage and overtime
requirements under that act.
By Mr. SOLOMON, [1AU]
Reported (H. Rept. 104-739), [1AU]
Agreed to in the House, [2AU]
H. Res. 504--
Resolution approving certain regulations to implement provisions of the
Congressional Accountability Act of 1995 relating to labor-
management relations with respect to employing offices and covered
employees of the House of Representatives, and for other purposes;
to the Committees on House Oversight; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. THOMAS, [1AU]
Committees discharged. Agreed to in the House, [2AU]
H. Res. 505--
Resolution amending the Rules of the House of Representatives to take
away the power of the Committee on Rules to report rules or orders
waiving the germaneness requirement; to the Committee on Rules.
By Mr. FOX, [1AU]
H. Res. 506--
Resolution expressing the sense of the Congress that all parents should
be afforded the opportunity to plan ahead for their children's
college education through tuition prepayment plans that guarantee
college for their offspring at a fixed price; to the Committee on
Economic and Educational Opportunities.
By Mrs. MORELLA, [1AU]
H. Res. 507--
Resolution waiving points of order against the conference report to
accompany the bill (S. 1316) to reauthorize and amend title XIV of
the Public Health Service Act commonly known as the ``Safe Drinking
Water Act'', and for other purposes.
By Mr. McINNIS, [1AU]
Reported (H. Rept. 104-743), [1AU]
Agreed to in the House, [2AU]
H. Res. 508--
Resolution providing for consideration of a certain motion to suspend
the rules.
By Mr. GOSS, [1AU]
Reported (H. Rept. 104-744), [1AU]
Agreed to in the House, [2AU]
[[Page 2946]]
H. Res. 509--
Resolution electing Representative Funderburk of North Carolina; to the
Committee on Agriculture.
By Mr. ARMEY, [2AU]
Agreed to in the House, [2AU]
H. Res. 510--
Resolution providing for mandatory drug testing of Members of the House
of Representatives; to the Committee on House Oversight.
By Mr. BARTON of Texas (for himself, Mr. Zeliff, Mr. Shays, Mr.
Coburn, Mr. Solomon, Mr. Camp, Mr. Stearns, Mr. Graham, Mr.
Traficant, Mrs. Fowler, Mr. McIntosh, Mr. Laughlin, Mr. Manzullo,
Mr. Souder, Mr. Portman, Mr. Wamp, Mr. Weldon of Pennsylvania, Mrs.
Myrick, Mr. Davis, Mr. Clinger, Mr. Foley, Mr. Sam Johnson, Mr.
Hansen, Mr. Hancock, Mr. Bliley, Mr. Ramstad, Mr. Bachus, Mr.
Shadegg, Mr. Salmon, and Mr. Shaw), [2AU]
Cosponsors added, [11SE], [26SE], [28SE], [2OC]
H. Res. 511--
Resolution expressing the sense of the House of Representatives that a
commemorative postage stamp should be issued in honor of Paul
Robeson; to the Committee on Government Reform and Oversight.
By Mrs. COLLINS of Illinois (for herself, Mr. Clay, Ms. Norton, Miss
Collins of Michigan, Mr. Stokes, and Mr. Towns), [2AU]
H. Res. 512--
Resolution to amend House Rules to require the random drug testing of
officers and employees of the House; to the Committee on Rules.
By Mr. SOLOMON, [2AU]
H. Res. 513--
Resolution providing for the mandatory implementation of the Office
Waste Recycling Program in the House of Representatives; to the
Committee on House Oversight.
By Mr. FARR (for himself, Mr. Coleman, Mr. Pallone, Mr. Bryant of
Texas, Mr. Peterson of Minnesota, Mr. Bonior, Mr. Frost, Mr. Lewis
of Georgia, Mr. Porter, Mrs. Morella, Mr. Evans, Mr. Yates, Ms.
Lofgren, Ms. Slaughter, Mr. Olver, Ms. Roybal-Allard, Mr. Becerra,
Ms. Woolsey, Mr. Dingell, Mr. Fattah, Ms. Eshoo, Mr. Blumenauer, Mr.
Torres, Mrs. Clayton, Mr. Cummings, Ms. Norton, Mr. Walsh, Mr.
Vento, Mr. Abercrombie, Mr. Sanders, Mrs. Lincoln, Mr. Deutsch, Mr.
Shays, Mr. Payne of Virginia, Mr. Frank of Massachusetts, Mrs.
Maloney, Ms. Jackson-Lee, of Texas, Mr. Murtha, and Mr. Minge),
[2AU]
Cosponsors added, [30SE]
H. Res. 514--
Resolution amending the Rules of the House of Representatives to reduce
the number of programs covered by each general appropriation bill;
to the Committee on Rules.
By Mr. SOLOMON, [2AU]
H. Res. 515--
Resolution expressing the sense of the House of Representatives with
respect to the persecution of Christians worldwide; to the Committee
on International Relations.
By Mr. WOLF (for himself, Mr. Smith of New Jersey, Mr. Ramstad, Mr.
Towns, and Mr. Hefley), [2AU]
Cosponsors added, [4SE], [18SE], [20SE], [24SE]
Rules suspended. Agreed to in the House amended, [24SE]
H. Res. 516--
Resolution providing for consideration of the bill (H.R. 3719) to amend
the Small Business Act and the Small Business Investment Act of
1958.
By Mr. LINDER, [4SE]
Reported (H. Rept. 104-773), [4SE]
Agreed to in the House, [5SE]
H. Res. 517--
Resolution providing for consideration of the bill (H.R. 3308) to amend
title 10, United States Code, to limit the placement of United
States forces under United Nations operational or tactical control,
and for other purposes.
By Mr. SOLOMON, [4SE]
Reported (H. Rept. 104-774), [4SE]
Agreed to in the House, [5SE]
H. Res. 518--
Resolution to establish a select committee to investigate CIA
involvement in the financing, distribution, and promulgation of
crack cocaine and the use of any proceeds to support the Contras; to
the Committee on Rules.
By Ms. MILLENDER-McDONALD, [11SE]
Cosponsors added, [19SE], [24SE], [28SE]
H. Res. 519--
Resolution to amend House Rules to require the random drug testing of
Members, officers, and employees of the House; to the Committee on
Rules.
By Mr. SOLOMON, [11SE]
Cosponsors added, [28SE]
H. Res. 520--
Resolution to establish a select committee to investigate CIA
involvement in crack cocaine sales to fund Contras; to the Committee
on Rules.
By Ms. WATERS, [11SE]
Cosponsors added, [19SE], [27SE], [30SE], [3OC]
H. Res. 521--
Resolution to express the sense of the House regarding the outstanding
achievements of NetDay96; to the Committee on Economic and
Educational Opportunities.
By Mr. MILLER of California, [12SE]
H. Res. 522--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3675) making appropriations for the
Department of Transportation and related agencies for the fiscal
year ending September 30, 1997, and for other purposes.
By Ms. GREENE of Utah, [17SE]
Reported (H. Rept. 104-803), [17SE]
Agreed to in the House, [18SE]
H. Res. 523--
Resolution designating minority membership to certain standing
committees of the House of Representatives.
By Mrs. KENNELLY, [17SE]
Agreed to in the House, [17SE]
H. Res. 524--
Resolution relating to a question of the privileges of the House.
By Mr. LINDER, [19SE]
Laid on table, [19SE]
H. Res. 525--
Resolution waiving a requirement of clause 4(b) of rule XI with respect
to consideration of certain resolutions reported from the Committee
on Rules, and for other purposes.
By Mr. SOLOMON, [19SE]
Reported (H. Rept. 104-809), [19SE]
Agreed to in the House, [24SE]
H. Res. 526--
Resolution relating to a question of the privileges of the House.
By Mr. LEWIS of Georgia, [19SE]
Laid on table, [19SE]
H. Res. 527--
Resolution relating to breast implants, the Food and Drug
Administration, and public health; to the Committee on Commerce.
By Mr. McINTOSH, [19SE]
H. Res. 528--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 2202) to amend the Immigration and
Nationality Act to improve deterrence of illegal immigration to the
United States by increasing border patrol and investigative
personnel, by increasing penalties for alien smuggling and for
document fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for eligibility for
employment, and through other measures, to reform the legal
immigration system and facilitate legal entries into the United
States, and for other purposes.
By Mr. DREIER, [24SE]
Reported (H. Rept. 104-829), [24SE]
Agreed to in the House, [25SE]
H. Res. 529--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3259) to authorize appropriations for
fiscal year 1997 for intelligence and intelligence-related
activities of the U.S. Government, the Community Management Account,
and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
By Mr. GOSS, [24SE]
Reported (H. Rept. 104-830), [24SE]
Agreed to in the House, [25SE]
H. Res. 530--
Resolution providing for the consideration of the bill (H.R. 4134) to
amend the Immigration and Nationality Act to authorize States to
deny public education benefits to aliens not lawfully present in the
United States who are not enrolled in public schools during the
period beginning September 1, 1996, and ending July 1, 1997.
By Mr. McINNIS, [24SE]
Reported (H. Rept. 104-834), [24SE]
Agreed to in the House, [25SE]
H. Res. 531--
Resolution relating to a question of the privileges of the House.
By Mr. LINDER, [24SE]
Laid on table, [24SE]
H. Res. 532--
Resolution relating to a question of the privileges of the House.
By Mr. LEWIS of Georgia, [24SE]
Laid on table, [24SE]
H. Res. 533--
Resolution amending the Rules of the House of Representatives to require
that every Member establishes a written office policy regarding
standards for the use of computer software, programs, and data
bases; to the Committee on Rules.
By Mr. BONO, [24SE]
H. Res. 534--
Resolution recognizing and honoring the crew members of the U.S.S.
Pittsburgh for their heroism in March 1945 rendering aid and
assistance to the U.S.S. Franklin and its crew; to the Committee on
National Security.
By Mr. CLINGER, [24SE]
H. Res. 535--
Resolution providing for the concurrence of the House, with an
amendment, in the amendments of the Senate to the bill H.R. 3166.
By Mr. McCOLLUM, [25SE]
Rules suspended. Agreed to in the House, [26SE]
H. Res. 536--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 1296) to provide for the administration of
certain Presidio properties at minimal cost to the Federal taxpayer.
By Ms. GREENE of Utah, [25SE]
Reported (H. Rept. 104-842), [25SE]
H. Res. 537--
Resolution expressing the sense of the House of Representatives that the
Departments of the Treasury, Defense, Commerce, and Labor should
take steps to assist in increasing the competitiveness of the U.S.
electronic inter-connections industry; to the Committees on Ways and
Means; Commerce; National Security; Economic and Educational
Opportunities, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned.
By Mr. MEEHAN (for himself, Mr. Franks of New Jersey, and Ms. Eshoo),
[25SE]
Cosponsors added, [27SE]
H. Res. 538--
Resolution dismissing the election contest against Charlie Rose.
By Mr. THOMAS, [26SE]
Reported (H. Rept. 104-852), [26SE]
Agreed to in the House, [26SE]
H. Res. 539--
Resolution dismissing the election contest against Charles F. Bass.
By Mr. THOMAS, [26SE]
Reported (H. Rept. 104-853), [26SE]
Agreed to in the House, [26SE]
H. Res. 540--
Resolution waiving points of order against the conference report to
accompany the bill (H.R. 3539) to amend title 49, United States
Code, to reauthorize programs of the Federal Aviation
Administration, and for other purposes.
By Mr. LINDER, [26SE]
Reported (H. Rept. 104-851), [26SE]
Agreed to in the House, [27SE]
H. Res. 541--
Resolution to express the sense of the House of Representatives
concerning violence on television; to the Committee on Commerce.
By Mr. CASTLE (for himself, Mr. Wolf, Mr. Gilchrest, Mr. Greenwood,
Mr. Gilman, Mr. Solomon, Mr. Inglis of South Carolina, Mr. Wicker,
Mr. Lipinski, Mr. Durbin, Mr. McKeon, Mr. Heineman, Ms. Lofgren,
Mrs. Myrick, and Mr. Portman), [26SE]
Cosponsors added, [27SE]
H. Res. 542--
Resolution concerning the implementation of the General Framework
Agreement for Peace in Bosnia and Herzegovina; to the Committee on
International Relations.
[[Page 2947]]
By Mr. HOYER (for himself, Mr. Mascara, Mr. King, Mr. Cardin, Mr.
Moran, Mr. Markey, Mr. Richardson, Mr. Lantos, and Mr. Clement),
[26SE]
Cosponsors added, [28SE]
H. Res. 543--
Resolution expressing the sense of the House of Representatives that the
United States and the United Nations should support the election of
a woman for the Secretary General of the United Nations; to the
Committee on International Relations.
By Mrs. SCHROEDER (for herself and Mrs. Maloney), [26SE]
H. Res. 544--
Resolution providing for the concurrence by the House with an amendment
in the amendment of the Senate to H.R. 3378.
By Mr. YOUNG of Alaska, [27SE]
Rules suspended. Agreed to in the House, [27SE]
H. Res. 545--
Resolution returning to the Senate the bill S. 1311.
By Mr. ARCHER, [27SE]
Agreed to in the House, [27SE]
H. Res. 546--
Resolution providing for consideration of certain resolutions in
preparation for the adjournment of the second session sine die.
By Ms. PRYCE, [27SE]
Reported (H. Rept. 104-855), [27SE]
Agreed to in the House, [28SE]
H. Res. 547--
Resolution expressing the sense of the House of Representatives that any
extension of fast-track negotiating authority to the executive
branch for the expansion of the North American Free Trade Agreement
[NAFTA] be tied solely to negotiations with the European Union on
creation of a Trans-Atlantic Free Trade Area [TAFTA]; to the
Committee on Ways and Means.
By Ms. KAPTUR, [27SE]
H. Res. 548--
Resolution amending the Rules of the House of Representatives to allow
floor consideration of amendments that are supported by at least 20
percent of the membership of the majority and minority parties of
the House; to the Committee on Rules.
By Mr. MINGE (for himself, Mr. Shays, Mr. Stenholm, and Mr. Klug),
[27SE]
H. Res. 549--
Resolution amending the Rules of the House of Representatives to impose
the Ramseyer requirement on conference reports; to the Committee on
Rules.
By Ms. PRYCE (for herself, Mr. Dreier, Mr. McInnis, Mr. Diaz-Balart,
and Ms. Green of Utah), [27SE]
H. Res. 550--
Resolution amending the Rules of the House of Representatives to permit
standing committees and subcommittees to designate members to
question witnesses for periods not to exceed 30 minutes; to the
Committee on Rules.
By Mr. SHAYS (for himself and Mr. Barrett of Wisconsin), [27SE]
H. Res. 551--
Resolution relating to early organization of the House of
Representatives for the 105th Congress.
Agreed to in the House (pursuant to H. Res. 546), [28SE]
H. Res. 552--
Resolution providing for the printing of the revised edition of the
Rules and Manual of the House of Representatives for the 105th
Congress.
Agreed to in the House (pursuant to H. Res. 546), [28SE]
H. Res. 553--
Resolution electing the Honorable Robert S. Walker of Pennsylvania to
act as Speaker pro tempore.
By Mr. SOLOMON, [30SE]
Agreed to in the House, [30SE]
H. Res. 554--
Resolution returning to the Senate the bill H.R. 400 and the Senate
amendment thereto.
By Mr. CRANE, [28SE]
Agreed to in the House, [28SE]
H. Res. 555--
Resolution expressing the sense of the House urging the inclusion of
Ross Perot in the 1996 Presidential debates; to the Committee on
House Oversight.
By Mr. BARCIA of Michigan (for himself, Mr. Blumenauer, Mr. Franks of
New Jersey, Mr. Gejdenson, Mr. Hinchey, Mr. Inglis of South
Carolina, Mr. Longley, Mr. Metcalf, Mr. Orton, Mr. Pomeroy, and Mr.
Ward), [30SE]
Cosponsors added, [1OC], [2OC]
H. Res. 556--
Resolution expressing the intentions of the House of Representatives
concerning the universal service provisions of the
Telecommunications Act of 1996 as they relate to telecommunications
services to Native Americans, including Alaskan Natives; to the
Committee on Commerce.
By Mr. RICHARDSON (for himself, Mr. Johnson of South Dakota, and Mr.
Miller of California), [2OC]
[[Page 2949]]
SENATE BILLS
------------------------------------------------------------------------
S. 4--
A bill to grant the power to the President to reduce budget authority.
Conference report (H. Rept. 104-491) submitted in the House, [21MR]
Senate agreed to conference report, [26MR]
House agreed to conference report (pursuant to H. Res. 391), [28MR]
Presented to the President (March 28, 1996)
Approved [Public Law 104-130] (signed April 9, 1996)
S. 39--
A bill to amend the Magnuson Fishery Conservation and Management Act to
authorize appropriations, to provide for sustainable fisheries, and
for other purposes.
Passed Senate amended, [19SE]
Received in House, [20SE]
Rules suspended. Passed House, [27SE]
Presented to the President (October 4, 1996)
Approved [Public Law 104-297] (signed October 11, 1996)
S. 84--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Bagger, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
Referred to the Committee on Transportation and Infrastructure, [4OC]
S. 172--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation for the vessel L. R. Beattie.
Passed Senate, [29JY]
Received in House, [30JY]
S. 212--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Shamrock V.
Passed Senate, [29JY]
Received in House, [30JY]
S. 213--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Endeavour.
Passed Senate, [29JY]
Received in House, [30JY]
S. 278--
A bill to authorize a certificate of documentation for the vessel
Serenity.
Passed Senate, [29JY]
Received in House, [30JY]
S. 279--
A bill to authorize a certificate of documentation for the vessel Why
Knot.
Passed Senate, [29JY]
Received in House, [30JY]
S. 342--
A bill to establish the Cache La Poudre River National Water Heritage
Area in the State of Colorado, and for other purposes.
Passed Senate amended, [3OC]
Received in House and passed, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-323] (signed October 19, 1996)
S. 475--
A bill to authorize a certificate of documentation for the vessel Lady
Hawk.
Passed Senate, [29JY]
Received in House, [30JY]
S. 480--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Gleam.
Passed Senate, [29JY]
Received in House, [30JY]
S. 482--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Emerald Ayes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 492--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation for the vessel Intrepid.
Passed Senate, [29JY]
Received in House, [30JY]
S. 493--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation for the vessel Consortium.
Passed Senate, [29JY]
Received in House, [30JY]
S. 527--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Empress.
Passed Senate, [29JY]
Received in House, [30JY]
S. 528--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for
three vessels.
Passed Senate, [29JY]
Received in House, [30JY]
S. 531--
A bill to authorize a circuit judge who has taken part in an in banc
hearing of a case to continue to participate in that case after
taking senior status, and for other purposes.
Reported (H. Rept. 104-697), [23JY]
Rules suspended. Passed House, [29JY]
Presented to the President (August 1, 1996)
Approved [Public Law 104-175] (signed August 6, 1996)
S. 533--
A bill to clarify the rules governing removal of cases to Federal court,
and for other purposes.
Reported (H. Rept. 104-799), [17SE]
Rules suspended. Passed House, [17SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-219] (signed October 1, 1996)
S. 535--
A bill to authorize the Secretary of Transportation to issue
certificates of documentation with appropriate endorsement for
employment in coastwise trade for each of 2 vessels named GALLANT
LADY, subject to certain conditions, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 555--
A bill to amend the Public Health Service Act to consolidate and
reauthorize health professions and minority and disadvantaged health
education programs, and for other purposes.
Passed Senate amended, [28SE]
Received in House, [28SE]
S. 561--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Isabelle, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 583--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for two
vessels.
Passed Senate, [29JY]
Received in House, [30JY]
S. 640--
A bill to provide for the conservation and development of water and
related resources, to authorize the Secretary of the Army to
construct various projects for improvements to rivers and harbors of
the United States, and for other purposes.
Passed Senate amended, [11JY]
Received in House, [12JY]
Passed House amended, [30JY]
Senate disagreed to House amendment and asked for a conference, [10SE]
House insisted on its amendment and agreed to a conference, [18SE]
Conference report (H. Rept. 104-843) submitted in the House, [25SE]
Rules suspended. House agreed to conference report, [26SE]
Senate agreed to conference report, [27SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-303] (signed October 12, 1996)
S. 641--
A bill to reauthorize the Ryan White CARE Act of 1990, and for other
purposes.
Conference report (H. Rept. 104-545) submitted in the House, [30AP]
House agreed to conference report, [1MY]
Senate agreed to conference report, [2MY]
Presented to the President (May 8, 1996)
Approved [Public Law 104-146] (signed May 20, 1996)
S. 652--
An original bill to provide for a pro-competitive, deregulatory national
policy framework designed to accelerate rapidly private sector
deployment of advanced telecommunications and information
technologies and services to all Americans by opening all
telecommunications markets to competition, and for other purposes.
Conference report (H. Rept. 104-458) submitted in the House, [31JA]
House agreed to conference report, [1FE]
Senate agreed to conference report, [1FE]
Presented to the President (February 2, 1996)
Approved [Public Law 104-104] (signed February 8, 1996)
S. 653--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel AURA.
Passed Senate, [29JY]
Received in House, [30JY]
S. 654--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel SUNRISE.
Passed Senate, [29JY]
Received in House, [30JY]
S. 655--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel MARANTHA.
Passed Senate, [29JY]
Received in House, [30JY]
S. 656--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel QUIETLY.
Passed Senate, [29JY]
Received in House, [30JY]
S. 677--
A bill to repeal a redundant venue provision, and for other purposes.
Reported (H. Rept. 104-800), [17SE]
[[Page 2950]]
Rules suspended. Passed House, [17SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-220] (signed October 1, 1996)
S. 680--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Yes Dear.
Passed Senate, [29JY]
Received in House, [30JY]
S. 735--
A bill to prevent and punish acts of terrorism, and for other purposes.
Passed House amended, [14MR]
House insisted on its amendments and asked for a conference, [14MR]
Senate disagreed to House amendments and agreed to a conference.
Conferees appointed, [21MR]
Conference report (H. Rept. 104-518) submitted in the House, [15AP]
Senate agreed to conference report, [17AP]
House agreed to conference report, [18AP]
Presented to the President (April 24, 1996)
Approved [Public Law 104-132] (signed April 24, 1996)
S. 737--
An original bill to extend the deadlines applicable to certain
hydroelectric projects, and for other purposes.
Passed Senate amended, [27SE]
Received in House and referred to the Committee on Commerce, [28SE]
S. 739--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel SISU, and for other
purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 763--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Evening Star, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 773--
A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for
improvements in the process of approving and using animal drugs, and
for other purposes.
Passed Senate amended, [24SE]
Received in House, [26SE]
S. 802--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel ROYAL AFFAIRE.
Passed Senate, [29JY]
Received in House, [30JY]
S. 808--
A bill to extend the deadline for the conversion of the vessel M/V TWIN
DRILL, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 811--
A bill to authorize research into the desalinization and reclamation of
water and authorize a program for States, cities, or qualifying
agencies desiring to own and operate a water desalinization or
reclamation facility to develop such facilities, and for other
purposes.
Passed Senate amended, [3MY]
Received in House, [6MY]
Referred to the Committees on Resources; Science; Transportation and
Infrastructure, [14MY]
Reported with amendments (H. Rept. 104-790, part 1), [16SE]
Referral to the Committees on Science; Transportation and
Infrastructure extended, [16SE]
Committees on Science; Transportation and Infrastructure discharged,
[16SE]
Rules suspended. Passed House amended, [24SE]
Senate agreed to House amendments, [27SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-298] (signed October 11, 1996)
S. 826--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel PRIME TIME, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 868--
A bill to provide authority for leave transfer for Federal employees who
are adversely affected by disasters or emergencies, and for other
purposes.
Rules suspended. Passed House amended, [25SE]
S. 869--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel DRAGONESSA, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 889--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Wolf Gang II, and
for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 911--
A bill to authorize the Secretary to issue a certificate of
documentation with appropriate endorsement for employment in the
coastwise trade of the United States for the vessel Sea Mistress.
Passed Senate, [29JY]
Received in House, [30JY]
S. 919--
A bill to modify and reauthorize the Child Abuse Prevention and
Treatment Act, and for other purposes.
Passed Senate amended, [18JY]
Received in House, [22JY]
Rules suspended. Passed House amended, [25SE]
Senate agreed to House amendment, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-235] (signed October 3, 1996)
S. 942--
A bill to promote increased understanding of Federal regulations and
increased voluntary compliance with such regulations by small
entities, to provide for the designation of regional ombudsmen and
oversight boards to monitor the enforcement practices of certain
Federal agencies with respect to small business concerns, to provide
relief from excessive and arbitrary regulatory enforcement actions
against small entities, and for other purposes.
Passed Senate amended, [19MR]
Received in House, [21MR]
Referred to the Committees on the Judiciary; Small Business; Rules,
[22MR]
S. 956--
A bill to amend title 28, United States Code, to divide the ninth
judicial circuit of the United States into two circuits, and for
other purposes.
Passed Senate amended, [20MR]
Received in House and referred to the Committee on the Judiciary,
[21MR]
S. 966--
A bill for the relief of Nathan C. Vance, and for other purposes.
Passed Senate, [30AP]
Received in House and referred to the Committee on the Judiciary,
[2MY]
Reported (H. Rept. 104-638), [26JN]
Passed House, [16JY]
Presented to the President (July 18, 1996)
Approved [Private Law 104-2] (signed July 29, 1996)
S. 975--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel JAJO, and for other
purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 982--
A bill to protect the national information infrastructure, and for other
purposes.
Passed Senate amended, [18SE]
Received in House and referred to the Committee on the Judiciary,
[19SE]
S. 1004--
A bill to authorize appropriations for the U.S. Coast Guard, and for
other purposes.
Passed House amended, [29FE]
House insisted on its amendment and asked for a conference. Conferees
appointed, [29FE]
Senate disagreed to House amendment and agreed to a conference, [11JY]
Conference report (H. Rept. 104-854) submitted in the House, [27SE]
House agreed to conference report, [27SE]
Senate agreed to conference report, [28SE]
Presented to the President (October 9, 1996)
Approved [Public Law 104-324] (signed October 19, 1996)
S. 1005--
A bill to amend the Public Buildings Act of 1959 to improve the process
of constructing, altering, purchasing, and acquiring public
buildings, and for other purposes.
Passed Senate amended, [16MY]
Received in House and referred to the Committee on Transportation and
Infrastructure, [20MY]
S. 1016--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with the appropriate endorsement for
employment in the coastwise trade for the vessel Magic Carpet.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1017--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with the appropriate endorsement for
employment in the coastwise trade for the vessel Chrissy.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1040--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Onrust.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1041--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Explorer.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1044--
A bill to amend title III of the Public Health Service Act to
consolidate and reauthorize provisions relating to health centers,
and for other purposes.
Passed Senate amended, [20SE]
Received in House, [24SE]
Rules suspended. Passed House, [27SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-299] (signed October 11, 1996)
S. 1046--
A bill to authorize the Secretary of Transportation to issue
certificates of documentation with appropriate endorsements for
employment in the coastwise trade of the United States for 14 former
U.S. Army hovercraft.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1047--
A bill to authorize the Secretary of Transportation to issue
certificates of documentation and coastwise trade endorsements for
the vessels ENCHANTED ISLES and ENCHANTED SEAS.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1080--
A bill to amend chapter 84 of title 5, United States Code, to provide
additional investment funds for the Thrift Savings Plan.
Passed Senate amended, [17SE]
Received in House, [18SE]
Referred to the Committee on Government Reform and Oversight, [4OC]
S. 1090--
A bill to amend section 552 of title 5, United States Code (commonly
known as the Freedom of Information Act), to provide for public
access to information in an electronic format, and for other
purposes.
Passed Senate amended, [17SE]
Received in House, [19SE]
S. 1111--
A bill to amend title 35, United States Code, with respect to patents on
biotechnological processes.
S. 1124--
An original bill to authorize appropriations for fiscal year 1996 for
military activities of the Department of Defense, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and
for other purposes.
Passed House amended, [5JA]
[[Page 2951]]
House insisted on its amendments and asked for a conference. Conferees
appointed, [5JA]
Senate disagreed to House amendments and agreed to a conference.
Conferees appointed, [3JA]
Conference report (H. Rept. 104-450) submitted in the House, [22JA]
House agreed to conference report, [24JA]
Senate agreed to conference report, [26JA]
Presented to the President (January 30, 1996)
Approved [Public Law 104-106] (signed February 10, 1996)
S. 1130--
A bill to provide for the establishment of uniform accounting systems,
standards, and reporting systems in the Federal Government, and for
other purposes.
Passed Senate amended, [2AU]
Received in House and referred to the Committee on Government Reform
and Oversight, [4SE]
S. 1136--
A bill to control and prevent commercial counterfeiting, and for other
purposes.
Passed House amended, [4JN]
House insisted on its amendment and asked for a conference, [4JN]
Senate agreed to House amendment, [14JN]
Presented to the President (June 24, 1996)
Approved [Public Law 104-153] (signed July 2, 1996)
S. 1149--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel BABS, and for other
purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1194--
A bill to amend the Mining and Mineral Policy Act of 1970 to promote the
research, identification, assessment, and exploration of marine
mineral resources, and for other purposes.
Passed Senate amended, [28SE]
Received in House, [28SE]
Passed House, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-325] (signed October 19, 1996)
S. 1260--
A bill to reform and consolidate the public and assisted housing
programs of the United States, and to redirect primary
responsibility for these programs from the Federal Government to
States and localities, and for other purposes.
Passed Senate amended, [8JA]
Received in House, [22JA]
Passed House amended, [9MY]
House insisted on its amendments and asked for a conference. Conferees
appointed, [9MY]
Senate disagreed to House amendments and agreed to a conference,
[30JY]
S. 1272--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Billy Buck.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1281--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Sarah-Christen.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1282--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Triad.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1311--
A bill to establish a National Fitness and Sports Foundation to carry
out activities to support and supplement the mission of the
President's Council on Physical Fitness and Sports, and for other
purposes.
Passed Senate amended, [25SE]
Received in House, [26SE]
Returned to the Senate (pursuant to H. Res. 545), [27SE]
S. 1316--
A bill to reauthorize and amend title XIV of the Public Health Service
Act (commonly known as the ``Safe Drinking Water Act''), and for
other purposes.
Passed House amended (text of H.R. 3604 inserted in lieu), [17JY]
House insisted on its amendment and asked for a conference, [17JY]
Senate disagreed to House amendment and agreed to a conference, [18JY]
Conference report (H. Rept. 104-741) submitted in the House, [1AU]
House agreed to conference report, [2AU]
Senate agreed to conference report, [2AU]
Presented to the President (August 2, 1996)
Approved [Public Law 104-182] (signed August 6, 1996)
S. 1319--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Too Much Fun, and
for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1324--
A bill to amend the Public Health Service Act to revise and extend the
solid-organ procurement and transplantation programs, and the bone
marrow donor program, and for other purposes.
Passed Senate amended, [9SE]
Received in House and referred to the Committee on Commerce, [10SE]
S. 1341--
A bill to provide for the transfer of certain lands to the Salt River
Pima-Maricopa Indian Community and the city of Scottsdale, Arizona,
and for other purposes.
Passed House, [23JA]
Presented to the President (January 26, 1996)
Approved [Public Law 104-102] (signed February 6, 1996)
S. 1347--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for the
vessel Captain Daryl, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1348--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for the
vessel Alpha Tango, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1349--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for the
vessel Old Hat, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1358--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Carolyn, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1362--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Focus.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1383--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Westfjord.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1384--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel God's Grace II.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1406--
A bill to authorize the Secretary of the Army to convey to the city of
Eufaula, Oklahoma, a parcel of land located at the Eufaula Lake
project, and for other purposes.
Passed Senate amended, [5JN]
Received in House and referred to the Committee on Transportation and
Infrastructure, [6JN]
S. 1454--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade and fisheries for the vessel Joan
Marie, and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1455--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Movin On, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1456--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Play Hard, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1457--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Shogun, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1459--
An original bill to provide for uniform management of livestock grazing
on Federal land, and for other purposes.
Passed Senate amended, [21MR]
Received in House and referred to the Committees on Natural Resources;
Agriculture, [26MR]
Reported with amendment (H. Rept. 104-674), [12JY]
Referral to the Committee on Agriculture extended, [12JY]
Committee on Agriculture discharged, [12JY]
S. 1463--
A bill to amend the Trade Act of 1974 to clarify the definitions of
domestic industry and like articles in certain investigations
involving perishable agricultural products, and for other purposes.
Passed Senate, [26JA]
Received in House, [30JA]
Returned to the Senate (pursuant to H. Res. 402), [16AP]
S. 1467--
A bill to authorize the construction of the Fort Peck Rural County Water
Supply System, to authorize assistance to the Fort Peck Rural County
Water District, Inc., a nonprofit corporation, for the planning,
design, and construction of the water supply system, and for other
purposes.
Passed Senate, [7MY]
Received in House and referred to the Committee on Resources, [8MY]
Reported with amendment (H. Rept. 104-769), [4SE]
Rules suspended. Passed House amended, [4SE]
Senate agreed to House amendment, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-300] (signed October 11, 1996)
S. 1488--
A bill to convert certain excepted service positions in the United
States Fire Administration to competitive service positions, and for
other purposes.
Passed Senate, [13JN]
Received in House and referred to the Committees on Government Reform
and Oversight; Science, [18JN]
S. 1494--
A bill to provide an extension for fiscal year 1996 for certain programs
administered by the Secretary of Housing and Urban Development and
the Secretary of Agriculture, and for other purposes.
Passed Senate amended, [24JA]
Received in House, [25JA]
Rules suspended. Passed House amended, [27FE]
Senate agreed to House amendment, [12MR]
Presented to the President (March 20, 1996)
Approved [Public Law 104-120] (signed March 28, 1996)
[[Page 2952]]
S. 1505--
A bill to reduce risk to public safety and the environment associated
with pipeline transportation of natural gas and hazardous liquids,
and for other purposes.
Passed Senate amended, [26SE]
Received in House, [27SE]
Rules suspended. Passed House, [27SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-304] (signed October 12, 1996)
S. 1507--
A bill to provide for the extension of the Parole Commission to oversee
cases of prisoners sentenced under prior law, to reduce the size of
the Parole Commission, and for other purposes.
Reported with amendment (H. Rept. 104-789), [16SE]
Rules suspended. Passed House amended, [17SE]
Senate agreed to House amendment, [20SE]
Presented to the President (September 25, 1996)
Approved [Public Law 104-232] (signed October 2, 1996)
S. 1508--
A bill to assure that all Federal employees work and are paid.
Senate agreed to House amendment with amendment, [2JA]
S. 1510--
A bill to designate the United States Courthouse in Washington, District
of Columbia, as the ``E. Barrett Prettyman United States
Courthouse'', and for other purposes.
Passed Senate, [7FE]
Received in House and referred to the Committee on Transportation and
Infrastructure, [9FE]
S. 1518--
A bill to eliminate the Board of Tea Experts by prohibiting funding for
the Board and by repealing the Tea Importation Act of 1987.
Passed Senate, [1FE]
Received in House, [9FE]
Returned to the Senate (pursuant to H. Res. 387), [25MR]
S. 1543--
A bill to clarify the treatment of Nebraska impact aid payments.
Passed Senate, [26JA]
Received in House and referred to the Committee on Economic and
Educational Opportunities, [30JA]
S. 1544--
A bill to authorize the conveyance of the William Langer Jewel Bearing
Plant to the Job Development Authority of the City of Rolla, North
Dakota.
Passed Senate, [26JA]
Received in House and referred to the Committee on National Security,
[30JA]
S. 1545--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel MOONRAKER, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1559--
A bill to make technical corrections to title 11, United States Code,
and for other purposes.
Passed Senate amended, [2AU]
Received in House, [4SE]
Referred to the Committee on the Judiciary, [4OC]
S. 1566--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Marsh Grass Too.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1577--
A bill to authorize appropriations for the National Historical
Publications and Records Commission for fiscal years 1998, 1999,
2000, and 2001.
Passed Senate, [25JY]
Received in House, [26JY]
Rules suspended. Passed House, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-274] (signed October 9, 1996)
S. 1579--
A bill to streamline and improve the effectiveness of chapter 75 of
title 31, United States Code (commonly referred to as the ``Single
Audit Act'').
Passed Senate amended, [14JN]
Rules suspended. Passed House, [18JN]
Presented to the President (June 25, 1996)
Approved [Public Law 104-156] (signed July 5, 1996)
S. 1588--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel Kalypso.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1612--
A bill to provide for increased mandatory minimum sentences for
criminals possessing firearms, and for other purposes.
Passed Senate amended, [3OC]
Received in House and referred to the Committee on the Judiciary,
[4OC]
S. 1631--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel EXTREME, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1634--
A bill to amend the resolution establishing the Franklin Delano
Roosevelt Memorial Commission to extend the service of certain
members.
Passed Senate, [6JN]
Received in House and referred to the Committee on Resources, [10JN]
S. 1636--
A bill to designate the United States Courthouse under construction at
1030 Southwest 3rd Avenue, Portland, Oregon, as the ``Mark O.
Hatfield United States Courthouse,'' and for other purposes.
Passed Senate amended, [27JN]
Received in House, [8JY]
Rules suspended. Passed House, [18SE]
Presented to the President (September 20, 1996)
Approved [Public Law 104-221] (signed October 1, 1996)
S. 1648--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Herco Tyme.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1649--
A bill to extend contracts between the Bureau of Reclamation and
irrigation districts in Kansas and Nebraska, and for other purposes.
Passed Senate amended, [28SE]
Received in House, [28SE]
Passed House, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-326] (signed October 19, 1996)
S. 1662--
A bill to establish areas of wilderness and recreation in the State of
Oregon, and for other purposes.
Passed Senate amended, [2AU]
Received in House, [4SE]
Referred to the Committees on Resources; Agriculture; Commerce, [11SE]
S. 1669--
A bill to name the Department of Veterans Affairs medical center in
Jackson, Mississippi, as the ``G.V. (Sonny) Montgomery Department of
Veterans Affairs Medical Center''.
Passed Senate, [10SE]
Received in House and passed, [11SE]
Presented to the President (September 13, 1996)
Approved [Public Law 104-202] (signed September 24, 1996)
S. 1675--
A bill to provide for the nationwide tracking of convicted sexual
predators, and for other purposes.
Committee discharged. Passed Senate amended, [25JY]
Received in House and referred to the Committee on the Judiciary,
[26JY]
Committee discharged. Passed House, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-236] (signed October 3, 1996)
S. 1682--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Liberty, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1710--
A bill to authorize multiyear contracting for the C-17 aircraft program,
and for other purposes.
Passed Senate, [17MY]
Received in House and referred to the Committee on National Security,
[20MY]
S. 1711--
A bill to establish a commission to evaluate the programs of the Federal
Government that assist members of the Armed Forces and veterans in
readjusting to civilian life, and for other purposes.
Passed Senate amended, [28SE]
Received in House and passed, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-275] (signed October 9, 1996)
S. 1720--
A bill to establish the Nicodemus National Historic Site and the New
Bedford National Historic Landmark.
Passed Senate, [2MY]
Received in House and referred to the Committee on Resources, [6MY]
S. 1735--
A bill to establish the United States Tourism Organization as a
nongovernmental entity for the purpose of promoting tourism in the
United States.
Passed Senate amended, [2AU]
Received in House and referred to the Committees on Commerce;
International Relations, [4SE]
S. 1757--
A bill to amend the Developmental Disabilities Assistance and Bill of
Rights act to extend the Act, and for other purposes.
Passed Senate, [12JY]
Received in House and referred to the Committee on Commerce, [16JY]
Committee discharged. Passed House, [30JY]
Presented to the President (August 1, 1996)
Approved [Public Law 104-183] (signed August 6, 1996)
S. 1762--
An original bill to authorize appropriations for fiscal year 1997 for
military activities of the Department of Defense, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and
for other purposes.
Passed Senate amended (portion of text of S. 1745 inserted in lieu),
[10JY]
Received in House, [12JY]
S. 1763--
An original bill to authorize appropriations for fiscal year 1997 for
defense activities of the Department of Energy, and for other
purposes.
Passed Senate amended (portion of text of S. 1745 inserted in lieu),
[10JY]
Received in House, [12JY]
S. 1764--
An original bill to authorize appropriations for fiscal year 1997 for
military construction, and for other purposes.
Passed Senate amended (portion of text of S. 1745 inserted in lieu),
[10JY]
Received in House, [12JY]
S. 1784--
A bill to amend the Small Business Investment Act of 1958, and for other
purposes.
Passed Senate amended, [25JY]
Received in House and referred to the Committee on Small Business,
[26JY]
S. 1802--
A bill to direct the Secretary of the Interior to convey certain
property containing a fish and wildlife facility to the State of
Wyoming, and for other purposes.
Passed Senate amended, [24SE]
Received in House, [25SE]
Rules suspended. Passed House, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-276] (signed October 9, 1996)
S. 1825--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Halcyon.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1826--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel Courier Service.
[[Page 2953]]
Passed Senate, [29JY]
Received in House, [30JY]
S. 1828--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the vessel TOP GUN, and for
other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1834--
A bill to reauthorize the Indian Environmental General Assistance
Program Act of 1992, and for other purposes.
Passed Senate, [2AU]
Received in House and referred to the Committee on Resources, [4SE]
Rules suspended. Passed House, [25SE]
Presented to the President (September 26, 1996)
Approved [Public Law 104-233] (signed October 2, 1996)
S. 1873--
A bill to amend the National Environmental Education Act to extend the
programs under the act, and for other purposes.
Passed Senate amended, [2AU]
Received in House and referred to the Committee on Economic and
Educational Opportunities, [4SE]
S. 1874--
A bill to amend sections of the Department of Energy Organization Act
that are obsolete or inconsistent with other statutes and to repeal
a related section of the Federal Energy Administration Act of 1974.
Passed Senate, [28SE]
Received in House, [28SE]
S. 1875--
A bill to designate the United States Courthouse in Medford, Oregon, as
the ``James A. Redden Federal Courthouse''.
Passed Senate, [24SE]
Received in House and referred to the Committee on Transportation and
Infrastructure, [25SE]
S. 1887--
A bill to make improvements in the operation and administration of the
Federal courts, and for other purposes.
Passed Senate amended, [3OC]
Received in House and passed, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-317] (signed October 19, 1996)
S. 1897--
A bill to amend the Public Health Service Act to revise and extend
certain programs relating to the National Institutes of Health, and
for other purposes.
Passed Senate amended, [26SE]
Received in House and referred to the Committee on Commerce, [26SE]
S. 1899--
A bill entitled the Mollie Beattie Alaska Wilderness Area Act.
Passed Senate amended, [28JN]
Received in House, [8JY]
Passed House, [16JY]
Presented to the President (July 18, 1996)
Approved [Public Law 104-167] (signed July 29, 1996)
S. 1903--
A bill to designate the bridge, estimated to be completed in the year
2000, that replaces the bridge on Missouri highway 74 spanning from
East Girardeau, Illinois, to Cape Girardeau, Missouri, as the ``Bill
Emerson Memorial Bridge'', and for other purposes.
Passed Senate, [25JN]
Received in House and passed, [25JN]
Presented to the President (June 27, 1996)
Approved [Public Law 104-154] (signed July 2, 1996)
S. 1918--
A bill to amend trade laws and related provisions to clarify the
designation of normal trade relations.
Passed Senate, [10SE]
Received in House, [11SE]
Referred to the Committee on Ways and Means, [4OC]
S. 1924--
A bill to authorize the Secretary of Transportation to issue a
certificate of documentation and coastwise trade endorsement for the
vessel DAMN YANKEE.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1931--
A bill to provide that the U.S. Post Office building that is to be
located at 9 East Broad Street, Cookeville, TN, shall be known and
designated as the ``L. Clure Morton Post Office and Courthouse''.
Passed Senate amended, [2AU]
Received in House and referred to the Committee on Transportation and
Infrastructure, [4SE]
Committee discharged. Passed House, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-277] (signed October 9, 1996)
S. 1933--
A bill to authorize a certificate of documentation for certain vessels,
and for other purposes.
Passed Senate, [29JY]
Received in House, [30JY]
S. 1962--
A bill to amend the Indian Child Welfare Act of 1978, and for other
purposes.
Passed Senate amended, [26SE]
Received in House, [26SE]
S. 1965--
A bill to prevent the illegal manufacturing and use of methamphetamine.
Passed Senate amended, [17SE]
Received in House, [18SE]
Passed House, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-237] (signed October 3, 1996)
S. 1970--
A bill to amend the National Museum of the American Indian Act to make
improvements in the Act, and for other purposes.
Passed Senate, [5SE]
Received in House and referred to the Committees on House Oversight;
Resources, [9SE]
Rules suspended. Passed House, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-278] (signed October 9, 1996)
S. 1972--
A bill to amend the Older Americans Act of 1965 to improve the
provisions relating to Indians, and for other purposes.
Passed Senate amended, [6SE]
Received in House and referred to the Committee on Economic and
Educational Opportunities, [9SE]
Rules suspended. Passed House amended, [27SE]
Senate disagreed to House amendment, [3OC]
S. 1973--
A bill to provide for the settlement of the Navajo-Hopi land dispute,
and for other purposes.
Passed Senate amended, [26SE]
Received in House and referred to the Committee on Resources, [26SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-301] (signed October 11, 1996)
S. 1983--
A bill to amend the Native American Graves Protection and Repatriation
Act to provide for Native Hawaiian organizations, and for other
purposes.
Passed Senate, [13SE]
Received in House and referred to the Committee on Resources, [16SE]
S. 2078--
A bill to authorize the sale of excess Department of Defense aircraft to
facilitate the suppression of wildfires.
Passed Senate amended, [26SE]
Received in House, [27SE]
Passed House, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-307] (signed October 14, 1996)
S. 2085--
A bill to authorize the Capitol Guide Service to accept voluntary
services.
Passed Senate, [17SE]
Received in House and referred to the Committee on House Oversight,
[18SE]
Committee discharged. Passed House, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-279] (signed October 9, 1996)
S. 2100--
A bill to provide for the extension of certain authority for the Marshal
of the Supreme Court and the Supreme Court Police.
Passed Senate, [26SE]
Received in House and passed (in lieu of H.R. 4164), [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-280] (signed October 9, 1996)
S. 2101--
A bill to provide educational assistance to the dependents of Federal
law enforcement officials who are killed or disabled in the
performance of their duties.
Passed Senate, [20SE]
Received in House and referred to the Committee on the Judiciary,
[24SE]
Committee discharged. Passed House, [26SE]
Presented to the President (September 28, 1996)
Approved [Public Law 104-238] (signed October 3, 1996)
S. 2130--
An original bill to extend certain privileges, exemptions, and
immunities to Hong Kong Economic and Trade Offices.
Passed Senate, [28SE]
Received in House, [28SE]
Referred to the Committee on International Relations, [4OC]
S. 2153--
A bill to designate the United States Post Office building located in
Brewer, Maine, as the ``Joshua Lawrence Chamberlain Post Office
Building'', and for other purposes.
Passed Senate, [28SE]
Received in House and referred to the Committee on Government Reform
and Oversight, [28SE]
Committee discharged. Passed House, [28SE]
Presented to the President (October 2, 1996)
Approved [Public Law 104-281] (signed October 9, 1996)
S. 2158--
A bill to set the time for counting electoral votes.
Passed Senate, [28SE]
Received in House, [30SE]
S. 2159--
A bill to set the time for the convening of the 105th Congress.
Passed Senate, [28SE]
Received in House, [30SE]
S. 2183--
A bill to make technical corrections to the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
Passed Senate amended, [1OC]
Received in House, [2OC]
Passed House, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-327] (signed October 19, 1996)
S. 2197--
A bill to extend the authorized period of stay within the United States
for certain nurses.
Passed Senate amended, [3OC]
Received in House and passed, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-302] (signed October 11, 1996)
S. 2198--
A bill to provide for the Advisory Commission on Intergovernmental
Relations to continue in existence, and for other purposes.
Passed Senate, [3OC]
Received in House and passed, [4OC]
Presented to the President (October 9, 1996)
Approved [Public Law 104-328] (signed October 19, 1996)
[[Page 2955]]
SENATE JOINT RESOLUTIONS
------------------------------------------------------------------------
S.J. Res. 20--
A joint resolution granting the consent of Congress to the compact to
provide for joint natural resource management and enforcement of
laws and regulations pertaining to natural resources and boating at
the Jennings Randolph Lake Project lying in Garrett County, Maryland
and Mineral County, West Virginia, entered into between the States
of West Virginia and Maryland.
Passed Senate, [5SE]
Received in House and referred to the Committee on the Judiciary,
[21SE]
Committee discharged. Passed House (in lieu of H.J. Res. 113), [29JY]
Presented to the President (August 1, 1996)
Approved [Public Law 104-176] (signed August 6, 1996)
S.J. Res. 38--
A joint resolution granting the consent of Congress to the Vermont-New
Hampshire Interstate Public Water Supply Compact.
Passed Senate, [18DE]
Received in House and referred to the Committee on the Judiciary,
[19DE]
Committee discharged. Passed House, [19MR]
Presented to the President (March 28, 1996)
Approved [Public Law 104-126] (signed April 1, 1996)
S.J. Res. 51--
A joint resolution saluting and congratulating Polish people around the
world as, on May 3, 1996, they commemorate the 205th anniversary of
the adoption of Poland's first constitution.
Passed Senate, [1MY]
Received in House and referred to the Committees on International
Relations; Government Reform and Oversight, [2MY]
S.J. Res. 53--
A joint resolution making corrections to Public Law 104-134.
Passed Senate, [30AP]
Received in House and passed, [30AP]
Presented to the President (May 1, 1996)
Approved [Public Law 104-140] (signed May 2, 1996)
S.J. Res. 64--
A joint resolution to commend Operation Sail for its advancement of
brotherhood among nations, its continuing commemoration of the
history of the United States, and its nurturing of young cadets
through training in seamanship.
Passed Senate, [24SE]
Received in House, [25SE]
Passed House, [27SE]
Presented to the President (September 30, 1996)
Approved [Public Law 104-282] (signed October 9, 1996)
[[Page 2957]]
SENATE CONCURRENT RESOLUTIONS
------------------------------------------------------------------------
S. Con. Res. 34--
A concurrent resolution to authorize the printing of ``Vice Presidents
of the United States, 1789-1993''.
Committee discharged. Passed House, [26SE]
S. Con. Res. 38--
A concurrent resolution restating the commitment to a seven year
balanced budget.
Agreed to in the Senate, [3JA]
Received in House, [22JA]
S. Con. Res. 39--
A concurrent resolution providing for the ``State of the Union'' address
by the President of the United States.
Agreed to in the Senate, [22JA]
Received in House and passed, [22JA]
S. Con. Res. 40--
A concurrent resolution to commemorate the sesquicentennial of Texas
statehood.
Agreed to in the Senate, [30JA]
Received in House, [31JA]
S. Con. Res. 45--
A concurrent resolution authorizing the use of the Capitol Rotunda on
May 2, 1996, for the presentation of the Congressional Gold Medal to
Reverend and Mrs. Billy Graham.
Agreed to in the Senate, [12MR]
Received in House and agreed to, [13MR]
S. Con. Res. 47--
A concurrent resolution for a Joint Congressional Committee on Inaugural
Ceremonies.
Agreed to in the Senate, [20MR]
Received in House, [21MR]
Agreed to in the House, [2AU]
S. Con. Res. 48--
A concurrent resolution authorizing the rotunda of the United States
Capitol to be used on January 20, 1997, in connection with the
proceedings and ceremonies for the inauguration of the President-
elect and the Vice-President-elect of the United States.
Agreed to in the Senate, [20MR]
Received in House, [21MR]
Agreed to in the House, [2AU]
S. Con. Res. 49--
A concurrent resolution providing for certain corrections to be made in
the enrollment of the bill (H.R. 2854) to modify the operation of
certain agricultural programs.
Agreed to in the Senate, [26MR]
Received in House and agreed to (pursuant to H. Res. 393), [28MR]
S. Con. Res. 51--
A concurrent resolution to provide for the approval of final regulations
that are applicable to employing offices that are not employing
offices of the House of Representatives or the Senate, and to
covered employees who are not employees of the House of
Representatives or the Senate, and that were issued by the Office of
Compliance on January 22, 1996, and for other purposes.
Agreed to in the Senate, [15AP]
Received in House, [15AP]
Rules suspended. Agreed to in the House, [15AP]
S. Con. Res. 52--
A concurrent resolution to recognize and encourage the convening of a
National Silver Haired Congress.
Agreed to in the Senate, [2AU]
Received in House and referred to the Committee on Economic and
Educational Opportunities, [4SE]
S. Con. Res. 54--
A concurrent resolution to correct the enrollment of the bill S. 735, to
prevent and punish acts of terrorism, and for other purposes.
Agreed to in the Senate, [24AP]
Received in House and agreed to, [24AP]
S. Con. Res. 55--
A concurrent resolution to correct the enrollment of the bill S. 735, to
prevent and punish acts of terrorism, and for other purposes.
Agreed to in the Senate, [24AP]
Received in House and agreed to, [24AP]
S. Con. Res. 56--
A concurrent resolution recognizing the tenth anniversary of the
Chernobyl nuclear disaster, and supporting the closing of the
Chernobyl nuclear power plant.
Agreed to in the Senate, [25AP]
Received in House, [29AP]
Referred to the Committee on International Relations, [4OC]
S. Con. Res. 60--
A concurrent resolution providing for a conditional adjournment or
recess of the Senate and the House of Representatives.
Agreed to in the Senate, [23MY]
Received in House and agreed to, [23MY]
S. Con. Res. 64--
A concurrent resolution to recognize and honor the Filipino World War II
veterans for their defense of democratic ideals and their important
contribution to the outcome of World War II.
Agreed to in the Senate, [17JY]
Received in House and referred to the Committee on International
Relations, [18JY]
S. Con. Res. 67--
A concurrent resolution to authorize printing of the report of the
Commission on Protecting and Reducing Government Secrecy.
Agreed to in the Senate, [17SE]
Received in House, [17SE]
Referred to the Committee on House Oversight, [18SE]
Committee discharged. Agreed to in the House, [26SE]
S. Con. Res. 68--
A concurrent resolution to correct the enrollment of H.R. 3103.
Agreed to in the Senate, [2AU]
Received in House, [4SE]
S. Con. Res. 70--
A concurrent resolution directing the Clerk of the House of
Representatives to make technical corrections in the enrollment of
H.R. 1975.
Agreed to in the Senate, [2AU]
Received in House, [4SE]
S. Con. Res. 71--
A concurrent resolution expressing the sense of the Senate with respect
to the persecution of Christians worldwide.
Agreed to in the Senate, [17SE]
Received in House, [18SE]
[[Page 2958]]
INDEX SUBJECTS
The following list contains broad subject terms that are often used in
the Index to the House Journal. This list is far from comprehensive; it
is provided to give an idea of the types of words that are used to index
topical entries in addition to entries under a Member's name.
Abortion
Advertising
African Americans
Agriculture
Alcoholic beverages
Animals/birds
Antitrust policy/monopolies
Appropriations
Arms control/sales
Arts and humanities
Aviation
Awards, medals, prizes
Bankruptcy
Birth control
Bridges/roads/public works
Budget--U.S.
Business & industry/small business
Capitol Building and Grounds
Capital punishment
Cargo transportation
Cemeteries and funerals
Charities/tax-exempt organizations
Children and youth
Churches and synagogues
Civil liberties/rights
Claims
Coins
Collective bargaining/industrial arbitration
Colleges and universities
Committees of Congress (by title)
Common carriers
Commonwealth of Independent States
Communism
Community service/volunteer workers
Conference reports
Congress/Members of Congress
Conservation of natural resources
Constitution & amendments
Construction industries
Consumers/product safety
Contracts
Corporations
Correctional institutions
Courts/Supreme Court
Credit
Crime
Death and dying
Democracy
Department of Agriculture, etc.
Developing countries
Disasters/earthquakes/floods/hurricanes
Diseases/health
Domestic policy
Drugs
Eastern European countries
Ecology and environment
Economy
Education
Elections
Employment/unemployment
Ethnic groups
Executive communications
Executive departments
Families and domestic relations
Famines/hunger
Federal aid programs
Federal agencies (by title)
Federal employees/whistleblowing
Financial institutions
Firefighters/law enforcement officers
Fire prevention/law enforcement
Firearms
Fish and fishing/marine mammals
Flag--U.S.
Foreign aid
Foreign countries (by name)
Foreign investments
Foreign policy/trade
Foreign travel expenditures
Forests/lumber industry
Fraternal organizations
Geographic areas (see Central America, Latin America, Southeast Asia,
etc.)
Government/Government regulations
Hazardous/radioactive substances
Health care facilities/professionals
Herbicides
Historic sites/history
Holidays (see Special days and holidays)
Homeless
Homosexuality
House of Representatives
Housing
Human rights
Immigration/refugees
Income
Insurance
Intelligence services
Intergovernmental/Federal-State relations
International relations
Investments/securities
Iron and steel industry
Jews
Labeling/packaging
Labor unions
Languages
Libraries
Library of Congress
Literature
Lobbyists
Local government/States
Mathematics
Merchant marine industry
Mining and mineral resources
Minorities
Monuments and memorials
Motor vehicles
Museums
Music and dance
National security
National forests, etc.
National objectives
Native Americans (Eskimos, Hawaiians, Indians)
Natural gas
Natural resources
News media
Newspapers--city (State) paper name
Nuclear energy
Occupational safety and health
Parks and recreation areas
Patents/copyrights/trademarks
Pensions
Petitions and memorials
Petroleum
Political action committees
Political campaigns/ethics/parties
Pollution (air, noise, water)
Population
Postage and stamps
Poverty
Power resources
President of the United States
Presidential appointments
Public buildings
Public debt
Public documents
Public welfare programs
Racial relations
Radio/television
Railroads
Real estate
Recycling
Refuse/sewage disposal
Religion
Research
Rivers/harbors/waterways
Rural/suburban/urban areas
Safety
Schools
Science
Secretary of Agriculture, etc.
Senior citizens
Shipping industry
Ships and vessels
Social customs
Social Security
Solar energy
Sound recording and reproducing
Space policy
Special days and holidays
Sports
Strategic materials
Synthetic fuels
Tariff
Taxation
Technology
Telecommunications
Territories--U.S.
Terrorism
Textile industry and fabrics
Tobacco products
Transportation
Treaties and agreements
Trucking industry
United Nations
Veterans
Votes in House
Wars and conflicts (by name)
Water
Weapons (biological, chemical, nuclear)
Weather/climate
Weights and measures/metric system
Wetlands
Wilderness areas
Women
[[Page 2959]]
ABANDONED AND DERELICT VESSEL REMOVAL ACT
Bills and resolutions
Enact (see H.R. 4010) [2AU]
ABBAS, MOHAMMED
Bills and resolutions
Terrorism: extradition to the U.S. (see H. Res. 444) [29MY]
ABERCROMBIE, NEIL (a Representative from Hawaii)
Bills and resolutions introduced by
Courts: residency requirement quotas for judges in each Federal
judicial circuit Court of Appeals (see H.R. 3045) [7MR]
Hawaii: repatriation of certain Native American remains (see H.R.
4084) [17SE]
Hawaiian Homes Commission Act: amend (see H.J. Res. 192) [16SE]
Immigration: establish visa waiver pilot program for Korean
nationals traveling in tour groups (see H.R. 3962) [2AU]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
ABERNATHY, RALPH D., JR.
Bills and resolutions
Ralph David Abernathy Memorial Foundation: extend authority to
establish memorial (see H.J. Res. 183) [11JY]
ABORTION
Bills and resolutions
Computers: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Women: prohibit partial-birth abortions (see H.R. 4284) [28SE]
------prohibit partial-birth abortions (H.R. 1833), consideration
of Senate amendments (see H. Res. 389) [22MR]
Messages
Veto of H.R. 1833, Prohibit Partial-Birth Abortions: President
Clinton [15AP]
Motions
Women: prohibit partial-birth abortions (H.R. 1833), Senate
amendments [27MR]
------prohibit partial-birth abortions (H.R. 1833), veto [19SE]
ACKERMAN, GARY L. (a Representative from New York)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
Bills and resolutions introduced by
Crime: establish toll-free telephone number for the reporting of
stolen and abandoned motor vehicles (see H.R. 4286) [28SE]
Motor vehicles: use of bar encoding to facilitate identification
and recovery of stolen vehicles (see H.R. 4279) [28SE]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4287)
[28SE]
ADMINISTRATIVE DISPUTE RESOLUTION ACT
Bills and resolutions
Enact (see H.R. 2977) [27FE]
Appointments
Conferees: H.R. 2977, provisions [19SE]
Conference reports
Provisions (H.R. 2977) [25SE]
Reports filed
Provisions: Committee of Conference (H.R. 2977) (H. Rept. 104-841)
[25SE]
------Committee on the Judiciary (House) (H.R. 2977) (H. Rept.
104-597) [29MY]
ADOPTION PROMOTION AND STABILITY ACT
Bills and resolutions
Enact (see H.R. 3286) [23AP]
Enact (H.R. 3286): consideration (see H. Res. 428) [7MY]
Reports filed
Consideration of H.R. 3286, Provisions: Committee on Rules (House)
(H. Res. 428) (H. Rept. 104-566) [7MY]
Provisions: Committee on Resources (House) (H.R. 3286) (H. Rept.
104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
ADVERTISING
Bills and resolutions
Alcoholic beverages: eliminate Federal subsidies for advertising
abroad (see H.R. 3472) [16MY]
------establish advertising requirements (see H.R. 3473) [16MY]
------prohibit advertising of distilled spirits on radio and
television (see H.R. 3644) [13JN]
------require Dept. of HHS reports on alcohol advertising
practices (see H.R. 3475) [16MY]
------require health warnings on advertisements (see H.R. 3474)
[16MY]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Lotteries: provide information in advertising on odds of winning
(see H.R. 3010) [5MR]
Taxation: treatment of advertising expenses for alcoholic
beverages (see H.R. 3478) [16MY]
------treatment of advertising expenses for tobacco products (see
H.R. 2962) [6FE]
Television: regulation of network signals on satellite carriers
(see H.R. 3192) [28MR]
Tobacco products: restrict advertising and promotion (see H.R.
3821) [16JY]
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Bills and resolutions
Reauthorization (see H.R. 3031) [6MR]
AFRICA
Bills and resolutions
Development Fund for Africa: funding (see H.R. 3638, 3735) [13JN]
[27JN]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Mauritania: human rights violations (see H. Con. Res. 142) [1FE]
Messages
National Emergency Relative to Angola: President Clinton [25MR]
[16SE]
National Emergency Relative to Libya: President Clinton [22JY]
AFRICAN AMERICANS
Bills and resolutions
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
------prohibit discrimination in the payment of wages based on
sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Colleges and universities: participation by historically black
graduate professional schools in certain education grant
programs (see H.R. 3055) [7MR]
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------condemn acts of arson against churches and enhance law
enforcement and prosecution of arsonists (see H. Con. Res.
183, 186, 187) [11JN] [13JN]
Families and domestic relations: promote adoption of minority
children (H.R. 3286), consideration (see H. Res. 428) [7MY]
History: recognize end of slavery and true day of independence
(see H.J. Res. 195) [17SE]
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
Music and dance: tribute to African-American music (see H. Con.
Res. 151) [12MR]
National Park Service: coordinate programs and enter into
cooperative agreements with the National Underground Railroad
Freedom Center (see H.R. 4073) [12SE]
Ralph David Abernathy Memorial Foundation: extend authority to
establish memorial (see H.J. Res. 183) [11JY]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Small business: provide development assistance to economically
disadvantaged individuals (see H.R. 3994) [2AU]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Participation by Historically Black Graduate Professional Schools
in Certain Education Grant Programs: Committee on Economic and
Educational Opportunities (House) (H.R. 3055) (H. Rept. 104-
504) [28MR]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
[[Page 2960]]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
AFRICAN DEVELOPMENT BANK
Bills and resolutions
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
AGED
see Senior Citizens
AGENCY FOR INTERNATIONAL DEVELOPMENT
related term(s) Department of State; Foreign Aid
Bills and resolutions
Federal employees: provide voluntary separation incentives to
reduce employment levels (see H.R. 3870) [23JY]
Messages
Revised Deferral of Budgetary Resources: President Clinton [27FE]
AGRICULTURAL MARKET TRANSITION ACT
Appointments
Conferees: H.R. 2854, provisions [14MR]
Bills and resolutions
Enact (see H.R. 2854) [5JA]
------consideration (see H. Res. 366) [27FE]
------consideration of conference report (see H. Res. 393) [27MR]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
Taxation: treatment of transitional payments under the
Agricultural Market Transition Act (see H.R. 3559) [30MY]
Conference reports
Provisions (H.R. 2854) [25MR]
Motions
Enact (H.R. 2854) [29FE] [14MR]
Reports filed
Consideration of Conference Report on H.R. 2854, Provisions:
Committee on Rules (House) (H. Res. 393) (H. Rept. 104-502)
[27MR]
Consideration of H.R. 2854, Provisions: Committee on Rules (House)
(H. Res. 366) (H. Rept. 104-463) [27FE]
Provisions: Committee of Conference (H.R. 2854) (H. Rept. 104-494)
[25MR]
------Committee on Agriculture (House) (H.R. 2854) (H. Rept. 104-
462) [9FE]
AGRICULTURAL REFORM AND IMPROVEMENT ACT
Appointments
Conferees: H.R. 2854, provisions [14MR]
Bills and resolutions
Enact (see H.R. 2854) [5JA]
------consideration (see H. Res. 366) [27FE]
------consideration of conference report (see H. Res. 393) [27MR]
Conference reports
Provisions (H.R. 2854) [25MR]
Motions
Enact (H.R. 2854) [29FE] [14MR]
Reports filed
Consideration of Conference Report on H.R. 2854, Provisions:
Committee on Rules (House) (H. Res. 393) (H. Rept. 104-502)
[27MR]
Consideration of H.R. 2854, Provisions: Committee on Rules (House)
(H. Res. 366) (H. Rept. 104-463) [27FE]
Provisions: Committee of Conference (H.R. 2854) (H. Rept. 104-494)
[25MR]
------Committee on Agriculture (House) (H.R. 2854) (H. Rept. 104-
462) [9FE]
AGRICULTURE
Appointments
Conferees: H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Alcoholic beverages: prohibit advertising of distilled spirits on
radio and television (see H.R. 3644) [13JN]
Business and industry: assure payment for milk and livestock
delivered to milk processors, livestock dealers, or market
agencies (see H.R. 3762) [9JY]
Colored margarine: repeal restrictions (see H.R. 2860) [5JA]
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
------regulatory requirements relative to the purchase or sale of
commodities from markets located abroad (see H.R. 3891) [24JY]
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
Dept. of Agriculture: conduct census of agriculture (see H.R.
3665) [18JN]
------consolidate and improve all inspection activities relative
to livestock and poultry carcasses, seafood, meat products,
poultry products, and seafood products (see H.R. 4302) [28SE]
------extend contracts under the Conservation Reserve Program (see
H.R. 4336) [1OC]
------payment rate for barley (see H.R. 4002) [2AU]
Dept. of the Interior: transfer certain facilities of the Minidoka
Project to the Burley Irrigation District (see H.R. 4295)
[28SE]
Disasters: coverage of native pasture crops for livestock under
the noninsured crop disaster assistance program (see H.R.
3575) [4JN]
Dos Palos, CA: conveyance of certain lands to the Dos Palos Ag
Boosters (see H.R. 4041) [10SE]
Emergency Food Assistance Act: purchase of commodities using State
funds (see H.R. 3978) [2AU]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
Federal aid programs: assistance to livestock producers adversely
affected by drought conditions (see H.R. 3449; S. 181) [14MY]
[23MY]
------elimination of certain Federal programs and subsidies (see
H.R. 2934) [1FE]
------improve operation (see H.R. 2854, 2973) [5JA] [27FE]
------improve operation (H.R. 2854), consideration (see H. Res.
366) [27FE]
------improve operation (H.R. 2854), consideration of conference
report (see H. Res. 393) [27MR]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
Foreign trade: define domestic industry relative to perishable
agricultural products (S. 1463), return to Senate (see H. Res.
402) [16AP]
------duty rate adjustment of tomatoes from Mexico relative to
import surges (see H.R. 2902) [26JA]
------maintain foreign market development programs (see H.R. 2950)
[1FE]
------packing standards for imported tomatoes (see H.R. 2921)
[31JA]
------prohibit meat product imports from the European Union (see
H.R. 3050) [7MR]
------provide for the liquidation of certain frozen concentrated
orange juice entries (see H.R. 3705) [24JN]
Fund for Rural America: develop and promote precision agriculture
technologies (see H.R. 4305) [28SE]
Funderburk, Representative: election to Committee on Agriculture
(House) (see H. Res. 509) [2AU]
Hazardous substances: regulation of not-for-hire transportation of
agriculture production materials (see H.R. 3799) [12JY]
------transportation regulations relative to agriculture and small
businesses (see H.R. 4102) [18SE]
Investments: study of risk management fund accounts for farm
owners and operators (see H.R. 2905) [30JA]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
------fair payment for use of Bureau of Reclamation water (see
H.R. 3917) [30JY]
------technical assistance for the Chickasaw Basin Authority (see
H.R. 3325) [25AP]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Labeling: require ingredient labeling for malt beverages, wine,
and distilled spirits (see H.R. 3115) [19MR]
Livestock industry: improve reporting and ensure competitiveness
(see H.R. 3794) [11JY]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
Northeast Interstate Dairy Compact: repeal consent of Congress
(see H.R. 3177, 4035) [27MR] [5SE]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
------reform antimicrobial pesticide registration (see H.R. 3338)
[25AP]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Research: increase emphasis on and disseminate results of
agricultural research projects relative to precision
agriculture (see H.R. 3795) [11JY]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
States: allow interstate distribution of State-inspected meat (see
H.R. 3750) [27JN]
Tariff: wheat gluten (see H.R. 4053) [11SE]
Taxation: application of the alternative minimum tax to
installment sales of farm property (see H.R. 4072) [12SE]
------issuance of tax-exempt bonds to finance first-time farmers'
loans (see H.R. 3251) [16AP]
------reduce rates for certain wines (see H.R. 3889) [24JY]
------treatment of certain agricultural equipment (see H.R. 2887)
[25JA]
------treatment of crops destroyed by casualty (see H.R. 3749)
[27JN]
------treatment of transitional payments under the Agricultural
Market Transition Act (see H.R. 3559) [30MY]
------use of income averaging for farmers (see H.R. 3783) [11JY]
Tennessee: authorize haying and grazing on certain lands (see H.R.
3554) [30MY]
Transportation: requirements relative to operators of certain farm
vehicles (see H.R. 3356) [30AP]
Treaties and agreements: negotiation of environmental, labor and
agricultural standards relative to trade agreements in Western
Hemisphere (see H.R. 4291) [28SE]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
Water: adjust the maximum hour exemption for water delivery
company employees (see H.R. 3326) [25AP]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Federal Agriculture Improvement and Reform Act (H.R. 2854) [25MR]
Messages
CCC Report: President Clinton [22MY]
[[Page 2961]]
Motions
Federal aid programs: improve operation (H.R. 2854) [29FE] [14MR]
Reports filed
Agricultural Market Transition Act: Committee of Conference (H.R.
2854) (H. Rept. 104-494) [25MR]
------Committee on Agriculture (House) (H.R. 2854) (H. Rept. 104-
462) [9FE]
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Conduct Census of Agriculture: Committee on Agriculture (House)
(H.R. 3665) (H. Rept. 104-653) [27JN]
Consideration of Conference Report on H.R. 2854, Federal
Agriculture Improvement and Reform Act: Committee on Rules
(House) (H. Res. 393) (H. Rept. 104-502) [27MR]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 2854, Agricultural Market Transition Act:
Committee on Rules (House) (H. Res. 366) (H. Rept. 104-463)
[27FE]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Federal Agricultural Mortgage Corp. Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
Irrigation District Boundaries Within the Umatilla Basin, OR:
Committee on Resources (House) (H.R. 2392) (H. Rept. 104-860)
[28SE]
Public Rangelands Management Act: Committee on Resources (House)
(S. 1459) (H. Rept. 104-674) [12JY]
Water Desalinization Research and Development Act: Committee on
Resources (House) (S. 811) (H. Rept. 104-790) [16SE]
AIR FORCE
see Department of Defense
AIR POLLUTION
related term(s) Clean Air Act; Ecology and Environment; Pollution
Bills and resolutions
Alcoholic beverages: regulations relative to beverage alcohol
compounds emitted from aging warehouses (see H.R. 3818) [16JY]
Clean Air Act: amend (see H.R. 3519) [23MY]
------provide regulatory relief and preserve jobs (see H.R. 3446)
[10MY]
FERC: disapproving of rules concerning open access transmission
services of public utilities (see H.J. Res. 178) [1MY]
Government regulations: requirements relative to upwind
nonattainment areas (see H.R. 4339) [3OC]
Hazardous substances: clarify listing of unique chemical
substances (see H.R. 3849) [18JY]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Power resources: provide moratorium on retail wheeling of electric
energy relative to transboundary pollution (see H.R. 4316)
[28SE]
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
States: application of State regulations relative to reformulated
gasoline in certain areas (see H.R. 3518) [23MY]
Taxation: suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
Women: effect of environment on health (see H.R. 3509) [22MY]
Reports filed
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
AIRCRAFT
see Common Carriers
AIRLINE PILOT HIRING AND SAFETY ACT
Bills and resolutions
Enact (see H.R. 3536) [29MY]
Reports filed
Provisions: Committee on Transportation (House) (H.R. 3536) (H.
Rept. 104-684) [17JY]
AIRLINES AND AIRPORTS
see Aviation
ALABAMA
Bills and resolutions
Carbon Hill National Fish Hatchery: convey to Alabama (see H.R.
2982) [28FE]
Marion National Fish Hatchery: convey to Alabama (see H.R. 3557)
[30MY]
Talladega National Forest: designate certain lands as the Dugger
Mountain Wilderness (see H.R. 4087) [17SE]
Reports filed
Carbon Hill National Fish Hatchery Conveyance to Alabama:
Committee on Resources (House) (H.R. 2982) (H. Rept. 104-568)
[8MY]
Marion National Fish Hatchery Conveyance to Alabama: Committee on
Resources (House) (H.R. 3557) (H. Rept. 104-702) [24JY]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
ALASKA
Bills and resolutions
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Gates of the Arctic National Park and Preserve: land exchange
(H.R. 400), return to Senate (see H. Res. 554) [30SE]
Institute of American Indian and Alaska Native Culture and Arts
Development: reform board appointment process (see H.R. 3049)
[7MR]
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
Native Americans: implement social and economic programs of Alaska
Natives (see H.R. 3973) [2AU]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Messages
Alaska Mineral Resources Report: President Clinton [17AP]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Resources (House) (H.R. 2505) (H. Rept. 104-797) [17SE]
Alaska Natives Social and Economic Programs Implementation:
Committee on Resources (House) (H.R. 3973) (H. Rept. 104-838)
[25SE]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Gustavus, AK, Land Exchange: Committee on Resources (House) (H.R.
2561) (H. Rept. 104-840) [25SE]
Institute of American Indian and Alaska Native Culture and Arts
Development Board of Trustees Appointment Process: Committee
on Economic and Educational Opportunities (House) (H.R. 3049)
(H. Rept. 104-505) [28MR]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Resources (House) (H.R. 401) (H.
Rept. 104-756) [4SE]
Regulate Fishing in Certain Alaskan Waters: Committee on Resources
(House) (H.R. 1786) (H. Rept. 104-687) [18JY]
ALASKA NATIVE CLAIMS SETTLEMENT ACT
Bills and resolutions
BLM: conveyance of certain lands to village corporations within
the Cook Inlet Region (see H.R. 3061) [12MR]
Reports filed
Amendments: Committee on Resources (House) (H.R. 2505) (H. Rept.
104-797) [17SE]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
ALCOHOLIC BEVERAGES
Bills and resolutions
Advertising: eliminate Federal subsidies for advertising abroad
(see H.R. 3472) [16MY]
------establish requirements (see H.R. 3473) [16MY]
------require Dept. of HHS reports on alcohol advertising
practices (see H.R. 3475) [16MY]
------require health warnings (see H.R. 3474) [16MY]
Air pollution: regulations relative to beverage alcohol compounds
emitted from aging warehouses (see H.R. 3818) [16JY]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Colleges and universities: provide incentives to develop alcohol
abuse prevention programs (see H.R. 3476) [16MY]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
Employment: safety-sensitive functions relative to individuals
that abuse controlled substances (see H.R. 4017) [2AU]
Government regulations: prohibit advertising of distilled spirits
on radio and television (see H.R. 3644) [13JN]
Harold Hughes Commission on Alcoholism: establish (see H.R. 3600)
[6JN]
Health: establish a comprehensive program relative to alcohol and
alcohol abuse (see H.R. 3479) [16MY]
Housing: occupancy standards for federally assisted housing
relative to drug and alcohol abusers (see H.R. 3390) [2MY]
Labeling: require ingredient labeling for malt beverages, wine,
and distilled spirits (see H.R. 3115) [19MR]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Taxation: reduce rates for certain wines (see H.R. 3889) [24JY]
------treatment of advertising expenses for alcoholic beverages
(see H.R. 3478) [16MY]
------treatment of beer (see H.R. 3817, 3997) [16JY] [2AU]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
Women: funding for research relative to alcohol abuse (see H.R.
3175) [27MR]
ALDERSON, WAYNE T.
Bills and resolutions
Medal of Honor: award (see H.R. 2961; H. Con. Res. 143) [1FE]
ALGER COUNTY, MI
Bills and resolutions
Pictured Rocks National Lakeshore: authorize improvements to a
county road and prohibit construction of a scenic shoreline
drive (see H.R. 2958) [1FE]
ALIENS
see Immigration; Refugees
ALLARD, WAYNE (a Representative from Colorado)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
[[Page 2962]]
------H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
ALPINE, AZ
Bills and resolutions
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
Reports filed
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
AMERICAN BATTLE MONUMENTS COMMISSION
Bills and resolutions
Monuments and memorials: repair and maintenance of war memorials
(see H.R. 3248, 3673) [16AP] [19JN]
Reports filed
Repair and Maintenance of War Memorials: Committee on Veterans
Affairs (House) (H.R. 3673) (H. Rept. 104-649) [27JN]
AMERICAN BROADCASTING CO. (ABC)
Bills and resolutions
Television: reservation of time for family-oriented programming
(see H. Res. 484) [18JY]
AMERICAN FOLKLIFE PRESERVATION ACT
Bills and resolutions
Repeal (see H.R. 3491) [16MY]
Reports filed
Repeal: Committee on House Oversight (House) (H.R. 3491) (H. Rept.
104-710) [26JY]
AMERICAN OVERSEAS INTERESTS ACT
Appointments
Conferees: H.R. 1561, provisions [28FE]
Bills and resolutions
Enact (H.R. 1561): consideration of conference report (see H. Res.
375) [7MR]
Conference reports
Provisions (H.R. 1561) [8MR]
Messages
Veto of H.R. 1561, Provisions: President Clinton [15AP]
Reports filed
Consideration of Conference Report on H.R. 1561, Provisions:
Committee on Rules (House) (H. Res. 375) (H. Rept. 104-476)
[7MR]
Provisions: Committee of Conference (H.R. 1561) (H. Rept. 104-478)
[8MR]
AMERICAN REVOLUTION
related term(s) War
Bills and resolutions
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
AMERICAN SAMOA
Bills and resolutions
Citizenship: require U.S. nationals accepted in ROTC programs to
apply (see H.R. 3327) [25AP]
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
Textile industry and fabrics: clarify rules of origin for textile
and apparel products (see H.R. 3761) [9JY]
AMTRAK
Bills and resolutions
Railroads: hours of service of employees (see H.R. 3413) [8MY]
ANADROMOUS FISH CONSERVATION ACT
Bills and resolutions
Reauthorization (see H.R. 4139) [24SE]
Reports filed
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
ANAKTUVUK PASS LAND EXCHANGE AND WILDERNESS REDESIGNATION ACT
Bills and resolutions
Enact (H.R. 400): return to Senate (see H. Res. 554) [30SE]
ANDERSON, ROBERT
Bills and resolutions
Rose, Representative: dismissal of election contest (see H. Res.
538) [26SE]
Reports filed
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
ANDREWS, ROBERT E. (a Representative from New Jersey)
Bills and resolutions introduced by
Employment: provide for retirement savings and security (see H.R.
3708) [25JN]
ANGOLA, PEOPLE'S REPUBLIC OF
Messages
National Emergency Relative to Angola: President Clinton [25MR]
[16SE] [19SE]
ANIMAL DRUG AVAILABILITY ACT
Reports filed
Provisions: Committee on Commerce (House) (H.R. 2508) (H. Rept.
104-822) [24SE]
ANIMAL WELFARE ACT
Bills and resolutions
Animals: ensure that all dogs and cats used by research facilities
are obtained legally (see H.R. 3398) [7MY]
------prevention of pet theft (see H.R. 3393) [7MY]
Strengthen (see H.R. 4249) [27SE]
ANIMALS
Bills and resolutions
Agriculture: assure payment for milk and livestock delivered to
milk processors, livestock dealers, or market agencies (see
H.R. 3762) [9JY]
------coverage of native pasture crops for livestock under the
noninsured crop disaster assistance program (see H.R. 3575)
[4JN]
------Federal assistance to livestock producers adversely affected
by drought conditions (see H.R. 3449; H. Con. Res. 181) [14MY]
[23MY]
------improve reporting and ensure competitiveness in the
livestock industry (see H.R. 3794) [11JY]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
Animal Welfare Act: amend and strengthen (see H.R. 4249) [27SE]
Aviation: require use of animals at airports for detection of
certain explosive devices (see H.R. 3896) [25JY]
Crime: ensure that all dogs and cats used by research facilities
are obtained legally (see H.R. 3398) [7MY]
------prevent pet theft (see H.R. 3393) [7MY]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Hunting and trapping: clarify prohibitions and provide for
wildlife habitat under the Migratory Bird Treaty Act (see H.R.
4077) [12SE]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
Law enforcement officers: compensation of officers in canine units
(see H.R. 2966) [16FE]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Taxation: incentives for endangered species conservation (see H.R.
3811) [12JY]
Tennessee: authorize haying and grazing on certain lands (see H.R.
3554) [30MY]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Reports filed
Animal Drug Availability Act: Committee on Commerce (House) (H.R.
2508) (H. Rept. 104-822) [24SE]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
ANTARCTIC REGIONS
Bills and resolutions
Antarctic Treaty: implement Protocol on Environmental Protection
(see H.R. 3060) [12MR]
------implement Protocol on Environmental Protection (H.R. 3060),
technical corrections (see H. Con. Res. 211) [10SE]
Reports filed
Protocol on Environmental Protection to the Antarctic Treaty
Implementation: Committee on Science (House) (H.R. 3060) (H.
Rept. 104-593) [23MY]
ANTARCTIC SCIENCE, TOURISM, AND CONSERVATION ACT
Bills and resolutions
Enact (H.R. 3060): technical corrections (see H. Con. Res. 211)
[10SE]
ANTICOUNTERFEITING CONSUMER PROTECTION ACT
Appointments
Conferees: S. 1136, provisions [4JN]
Motions
Enact (S. 1136) [4JN]
ANTI-DEFICIENCY ACT
Bills and resolutions
Contracts: treatment of Federal contracts relative to Government
shutdowns (see H.R. 2963) [6FE]
ANTIQUITIES ACT
Bills and resolutions
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments (see H.R. 4118,
4242) [19SE] [27SE]
------prohibit extension or establishment of any national monument
in Idaho without public participation and an express act of
Congress [19SE]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147, 4214) [24SE] [26SE]
ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT
Bills and resolutions
Enact (S. 735): consideration of conference report (see H. Res.
405) [17AP]
Conference reports
Provisions (S. 735) [15AP]
Reports filed
Consideration of Conference Report on S. 735, Provisions:
Committee on Rules (House) (H. Res. 405) (H. Rept. 104-522)
[17AP]
Provisions: Committee of Conference (S. 735) (H. Rept. 104-518)
[15AP]
ANTITRUST POLICY
Bills and resolutions
Health: application of antitrust laws to health care providers'
networks (see H.R. 2925, 3770) [1FE] [10JY]
Postal Service: reform (see H.R. 3717) [25JN]
Public utilities: revision of the regulatory policies governing
public utility holding companies (see H.R. 3601) [6JN]
Sports: regulations relative to relocation of professional teams
(see H.R. 3805) [12JY]
[[Page 2963]]
Reports filed
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
APPALACHIAN REGIONAL COMMISSION
Reports filed
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
APPROPRIATIONS
related term Budget--U.S.
Appointments
Conferees: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3019, continuing appropriations [23AP]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3539, FAA programs reauthorization [24SE]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
------H.R. 3845, District of Columbia appropriations [26JY]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1004, Coast Guard appropriations [29FE]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions
Advisory Council on Historic Preservation: reauthorize (see H.R.
3031) [6MR]
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Anadromous Fish Conservation Act: reauthorize (see H.R. 4139)
[24SE]
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
------prohibit Federal funding for dam construction on American
River (see H.R. 2951) [1FE]
Beaches: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
BLM: authorizing appropriations (see H.R. 3290) [23AP]
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
------abolish (S. 1518), return to Senate (see H. Res. 387) [21MR]
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------reform process (see H.R. 4285) [28SE]
------require President's budget submission to Congress include a
balanced budget plan (see H.R. 3379) [1MY]
------require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
------setting forth the Federal budget for 1996-2002 (H. Con. Res.
66), consideration (see H. Res. 424) [2MY]
------setting forth the Federal budget for 1997-2002 (see H. Con.
Res. 174, 178) [9MY] [14MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration (see H. Res. 435) [15MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration of conference report (see H. Res. 450)
[10JN]
------use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Coast Guard: authorizing appropriations (S. 1004), corrections in
enrollment of conference report (see H. Con. Res. 229) [28SE]
Commission on Civil Rights: reauthorize (see H.R. 3874) [23JY]
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
Committee on Standards of Official Conduct (House): authorizing
expenditures (see H. Res. 377) [7MR]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Congress: waive enrollment requirements for certain appropriations
legislation (see H.J. Res. 197) [28SE]
Congressional Budget Act: amend (see H.R. 4142) [24SE]
Continuing: making (see H.R. 3019) [5MR], (H.J. Res. 138, 139,
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151,
152, 155, 157, 163, 165, 170, 175) [3JA] [25JA] [13MR] [20MR]
[29MR] [23AP]
------making (H.J. Res. 118), consideration (see H. Res. 329)
[3JA]
------making (H.J. Res. 165), consideration (see H. Res. 386)
[20MR]
------making (H.J. Res. 175), consideration (see H. Res. 411)
[23AP]
------making (H.R. 3019), consideration (see H. Res. 372) [6MR]
------making (H.R. 3019), consideration of conference report (see
H. Res. 415) [25AP]
------making (H.R. 3019), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
Contracts: treatment of Federal contracts relative to Government
shutdowns (see H.R. 2963) [6FE]
Corp. for the Promotion of Rifle Practice and Firearms Safety:
abolish (see H.R. 3466) [15MY]
Corps of Engineers: construction of flood control project on the
Sacramento and American Rivers, CA (see H.R. 3270) [18AP]
Crime: reduce certain funds if eligible States do not enact
certain laws (see H.R. 3243) [15AP]
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (see H.R. 3230) [15AP]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), consideration
(see H. Res. 430) [9MY]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), consideration of
conference report (see H. Res. 498) [31JY]
------authorizing military activities appropriations and
prescribing personnel strengths (S. 1124), consideration of
conference report (see H. Res. 340) [23JA]
------authorizing military construction appropriations (see H.R.
3231) [15AP]
------funding reductions (see H.R. 3202) [29MR]
------making appropriations (see H.R. 3610) [11JN]
------making appropriations for military construction, family
housing, and base realignment and closure (see H.R. 3517)
[23MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration (see H. Res. 442) [29MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration of conference report (see H. Res. 497) [31JY]
------making appropriations (H.R. 3610), consideration (see H.
Res. 453) [12JN]
Dept. of Energy: authorize hydrogen research, development, and
demonstration programs (see H.R. 4138) [24SE]
Dept. of HUD: withhold public housing assistance to State agencies
that impede eviction of a tenant (see H.R. 3865) [22JY]
Dept. of State: consolidate foreign affairs agencies (H.R. 1561),
consideration of conference report (see H. Res. 375) [7MR]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 3662) [18JN]
------making appropriations (H.R. 3662), consideration (see H.
Res. 455) [18JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 3756) [8JY]
------making appropriations (H.R. 3756), consideration (see H.
Res. 475) [11JY]
Dept. of Transportation: authorizing appropriations for certain
maritime programs (see H.R. 3281) [22AP]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 3675) [19JN]
------making appropriations (H.R. 3675), consideration (see H.
Res. 460) [25JN]
------making appropriations (H.R. 3675), consideration of
conference report (see H. Res. 522) [17SE]
Dept. of Veterans Affairs: authorize medical facility projects and
leases (see H.R. 3376) [1MY]
------improve benefits for veterans exposed to ionizing radiation
(see H.R. 4173) [25SE]
------making continuing appropriations (H.J. Res. 134),
disposition of Senate amendment (see H. Res. 336) [5JA]
------making continuing appropriations (H.J. Res. 134),
transmission procedures relative to balanced budget submission
(see H. Con. Res. 131) [5JA]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 3814), consideration (see H. Res. 479)
[16JY]
------making appropriations (see H.R. 3814) [16JY]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
------making appropriations (H.R. 3755), consideration (see H.
Res. 472) [9JY]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (see H.R. 3666) [18JN]
------making appropriations (H.R. 3666), consideration (see H.
Res. 456) [19JN]
Development Fund for Africa: funding (see H.R. 3638) [13JN]
------reauthorize (see H.R. 3735) [27JN]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
Diseases: research on the human papilloma virus relative to
cervical cancer (see H. Con. Res. 156) [27MR]
District of Columbia: making appropriations (see H.R. 3845) [18JY]
------making appropriations (H.R. 2546), consideration of
conference report (see H. Res. 351) [31JA]
------making continuing appropriations (see H.J. Res. 153, 154)
[3JA]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
[[Page 2964]]
Education: allow local jurisdictions flexibility in use of certain
funds (see H.R. 3135) [21MR]
------establish Role Models Academy for at-risk youths (see H.R.
4161) [24SE]
------funding levels for federally assisted education programs
(see H. Con. Res. 144) [1FE]
------provide financial aid grants for certain colleges and
technical schools (see H.R. 3919) [30JY]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
EEOC: provide funding and remedies for certain instances of sexual
harassment (see H.R. 3646) [13JN]
Energy and water development: making appropriations (see H.R.
3816) [16JY]
------making appropriations (H.R. 3816), consideration (see H.
Res. 483) [18JY]
Energy Policy and Conservation Act: extend certain programs (see
H.R. 3670, 3868) [18JN] [23JY]
FAA: essential air service funding (see H.R. 3037) [6MR]
------reauthorizing programs (see H.R. 3539) [29MY]
------reauthorizing programs (H.R. 3539), consideration of
conference report (see H. Res. 540) [26SE]
FDA: review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
FEC: authorizing appropriations (see H.R. 3461) [15MY]
Federal employees: continuance of work during Government shutdown
(S. 1508), return to Senate (see H. Res. 331) [4JA]
------provide compensation for employees for performance of
emergency services during periods of lapsed appropriations
(see H.R. 2848) [4JA]
Firearms: Civilian Marksmanship Program funding (see H.R. 3466)
[15MY]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863, 3540) [22JA] [29MY]
------making appropriations (H.R. 3540), consideration (see H.
Res. 445) [30MY]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
------loan guarantees for Ireland and Northern Ireland (see H.R.
2844) [4JA]
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
FTC: authorizing appropriations (see H.R. 3553) [30MY]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Government: coordinate Federal financial assistance programs to
streamline Government operations (see H.R. 3064) [12MR]
------establish automatic continuing appropriations (see H.R.
2965, 4094) [13FE] [17SE]
------establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061, 4319) [11SE] [28SE]
------public disclosure of funding used to conduct field
examinations of appropriation estimates (see H.R. 4293) [28SE]
------reduce spending and regulatory programs (see H. Con. Res.
193) [27JN]
------relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Haleakala National Park: funding for additions (see H.R. 2948)
[1FE]
Health: matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
------official travel restrictions to foreign countries during
periods of lapsed appropriations (see H.R. 2841) [3JA]
------prohibit recess or adjournment during periods of lapsed
appropriations (see H. Res. 332) [4JA]
House Rules: postpone final action on legislative branch
appropriations until all other appropriations bills have been
enacted (see H. Res. 358) [1FE]
------question of privilege relative to public debt ceiling (see
H. Res. 354) [31JA]
------reduce number of programs covered by appropriation bills
(see H. Res. 476, 514) [11JY] [2AU]
------same-day consideration of certain resolutions (see H. Res.
412) [24AP]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
Individuals With Disabilities Education Act: reauthorization (see
H.R. 3268) [18AP]
Intelligence services: authorizing appropriations (see H.R. 3259)
[17AP]
------authorizing appropriations (H.R. 3259), consideration (see
H. Res. 437) [16MY]
------authorizing appropriations (H.R. 3259), consideration of
conference report (see H. Res. 529) [24SE]
------require separate, unclassified statements of the aggregate
amount of budget outlays for intelligence activities (see H.R.
3392) [6MY]
Juvenile Justice and Delinquency Prevention Act: authorizing
appropriations (see H.R. 3876) [23JY]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Law enforcement officers: funding for the hiring of personnel who
perform nonadministrative services (see H.R. 2922) [31JA]
Legislative branch of the Government: making appropriations (see
H.R. 3754) [8JY]
------making appropriations (H.R. 3754), consideration (see H.
Res. 473) [9JY]
Lobbyists: prohibit use of funds by Federal agencies to lobby for
or against any legislative proposal (see H.R. 3078) [13MR]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Marine resources: authorizing National Marine Sanctuary Program
appropriations (see H.R. 3090) [14MR]
------development of technology for recovery of minerals from the
ocean seabed (see H.R. 3249) [16AP]
Medicare/Medicaid: prohibit funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 3123) [20MR]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
National forests: authorize and extend certain activities of the
National Forest Foundation (see H.R. 4171) [25SE]
National Historical Publications and Records Commission:
authorizing appropriations (see H.R. 3625) [12JN]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
National parks and recreation areas: require the President to
submit an appropriation request to provide priority funding
(see H.R. 3291) [23AP]
National security: national missile defense system (see H.R. 3144)
[21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
------funding for housing programs relative to tribal self-
governance (see H.R. 3219) [29MR]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
Omnibus consolidated: making (see H.R. 4278) [28SE]
Panama Canal: authorizing appropriations for operation and
maintenance (see H.R. 3282) [22AP]
Public broadcasting: promote financial self-sufficiency (see H.R.
2979) [28FE]
Public debt: ceiling (see H.R. 2862, 2896, 2897, 2920, 3136)
[22JA] [25JA] [31JA] [21MR]
------ceiling (H.R. 2409), engrossment (see H. Res. 356) [1FE]
------ceiling (H.R. 3136), consideration (see H. Res. 391) [27MR]
------ceiling (H.R. 3136), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
------funding for dredged material disposal relative to wetlands
(see H.R. 3152) [22MR]
Roads and highways: construction funding (see H.R. 3775) [10JY]
------funding for roads classified as local or rural minor
collectors (see H.R. 3165) [26MR]
SBA: increase fees for participants in certain financial
assistance programs (see H.R. 3989) [2AU]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
States: provide Federal grants for drug testing projects (see H.R.
3778) [10JY]
Taxation: expand definition of limited tax benefits applicable to
line-item veto (see H.R. 3566) [4JN]
Transportation: provide off-budget treatment for certain
transportation trust funds (H.R. 842), consideration [29MR]
------transfer authority over highway programs and mass transit
programs to States (see H.R. 3840) [17JY]
U.N.: authorize payment of U.S. arrearages and contributions for
U.N. peacekeeping activities (see H.R. 3609; H. Con. Res. 225)
[10JN] [27SE]
Unemployment: emergency compensation (see H.R. 4263) [27SE]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
Women: funding for research relative to alcohol abuse (see H.R.
3175) [27MR]
------preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Coast Guard Appropriations (S. 1004) [27SE]
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Continuing Appropriations (H.R. 3019) [25AP] [30AP]
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (H.R. 3230) [30JY], (S. 1124) [22JA]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) [30JY]
Dept. of Defense Appropriations (H.R. 3610) [28SE]
[[Page 2965]]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
District of Columbia Appropriations (H.R. 2546) [31JA], (H.R.
3845) [1AU]
Energy and Water Development Appropriations (H.R. 3816) [12SE]
FAA Programs Reauthorization (H.R. 3539) [26SE]
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Intelligence Services Appropriations (H.R. 3259) [24SE]
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Line Item Veto Act (S. 4) [21MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
[7JN]
Water Resources Development Act (S. 640) [25SE]
Messages
Dept. of Defense Budget Rescissions: President Clinton [13MR]
Dept. of the Interior and Related Agencies Appropriations:
President Clinton [29AP]
Dept. of Transportation Annual Report: President Clinton [25JA]
Federal Budget for Fiscal Year 1997: President Clinton [6FE]
[19MR]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Revised Deferral of Budgetary Resources: President Clinton [27FE]
[14MY] [24JN]
Veto of H.R. 1530, Dept. of Defense Appropriations: President
Clinton [3JA]
Veto of H.R. 1561, American Overseas Interests Act: President
Clinton [15AP]
Motions
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY] [24JY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178) [30MY]
Continuing: making (H.J. Res. 165) [21MR]
------making (H.R. 2880) [25JA]
------making (H.R. 3019) [7MR] [21MR]
------making (H.R. 3019), conference report [25AP]
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (H.R. 3230) [15MY] [17JY]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), conference report
[1AU]
------authorizing military activities appropriations and
prescribing personnel strengths (S. 1124) [5JA]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517) [26JY]
------making appropriations (H.R. 3610) [30JY]
------making appropriations (H.R. 3610), conference report [28SE]
Dept. of the Interior and related agencies: making appropriations
(H.R. 1977), veto [4JA]
------making appropriations (H.R. 3662) [20JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675) [5SE]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134) [5JA]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 2076), veto [3JA]
------making appropriations (H.R. 3814) [24JY]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666) [26JN] [11SE]
District of Columbia: making appropriations (H.R. 2546) [31JA]
Energy and water development: making appropriations (H.R. 3816)
[5SE]
------making appropriations (H.R. 3816), conference report [12SE]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
House Rules: same-day consideration of certain resolutions (H.
Res. 412) [25AP]
Legislative branch of the Government: making appropriations (H.R.
3754) [10JY] [30JY]
Public debt: ceiling (H.R. 3136) [28MR]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
BLM Appropriations: Committee on Resources (House) (H.R. 3290) (H.
Rept. 104-658) [8JY]
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
Coast Guard Appropriations: Committee of Conference (S. 1004) (H.
Rept. 104-854) [27SE]
Commission on Civil Rights Reauthorization: Committee on the
Judiciary (House) (H.R. 3874) (H. Rept. 104-846) [26SE]
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002: Committee on Rules
(House) (H. Res. 450) (H. Rept. 104-615) [10JN]
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation: Committee on Rules (House) (H. Res.
375) (H. Rept. 104-476) [7MR]
Consideration of Conference Report on H.R. 2546, District of
Columbia Appropriations: Committee on Rules (House) (H. Res.
351) (H. Rept. 104-456) [31JA]
Consideration of Conference Report on H.R. 3230, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 498) (H. Rept.
104-732) [31JY]
Consideration of Conference Report on H.R. 3259, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
529) (H. Rept. 104-830) [24SE]
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure: Committee on Rules (House) (H.
Res. 497) (H. Rept. 104-731) [31JY]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization: Committee on Rules (House) (H. Res. 540) (H.
Rept. 104-851) [26SE]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 522) (H. Rept. 104-803) [17SE]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY], (H.
Res. 495) (H. Rept. 104-729) [31JY]
Consideration of Conference Report on S. 1124, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 340) (H. Rept.
104-451) [23JA]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002: Committee on Rules (House) (H. Res. 435)
(H. Rept. 104-577) [15MY]
Consideration of H.J. Res. 165, Continuing Appropriations:
Committee on Rules (House) (H. Res. 386) (H. Rept. 104-489)
[20MR]
Consideration of H.J. Res. 175, Continuing Appropriations:
Committee on Rules (House) (H. Res. 411) (H. Rept. 104-534)
[23AP]
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
Consideration of H.R. 3019, Continuing Appropriations: Committee
on Rules (House) (H. Res. 372) (H. Rept. 104-474) [6MR]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
Consideration of H.R. 3230, Dept. of Defense Appropriations for
Military Activities and Personnel Strengths: Committee on
Rules (House) (H. Res. 430) (H. Rept. 104-570) [9MY]
Consideration of H.R. 3259, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 437) (H. Rept. 104-581)
[16MY]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure: Committee on Rules (House) (H. Res. 442) (H.
Rept. 104-599) [29MY]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Consideration of H.R. 3610, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 453) (H. Rept. 104-619)
[12JN]
Consideration of H.R. 3662, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
455) (H. Rept. 104-627) [18JN]
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations: Committee on
Rules (House) (H. Res. 456) (H. Rept. 104-630) [19JN]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
460) (H. Rept. 104-633) [25JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Consideration of H.R. 3754, Legislative Branch of the Government
Appropriations: Committee on Rules (House) (H. Res. 473) (H.
Rept. 104-663) [9JY]
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President,
[[Page 2966]]
and Independent Agencies Appropriations: Committee on Rules
(House) (H. Res. 475) (H. Rept. 104-671) [11JY]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations: Committee on Rules (House)
(H. Res. 479) (H. Rept. 104-678) [16JY]
Consideration of H.R. 3816, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 483) (H.
Rept. 104-687) [18JY]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Continuing Appropriations: Committee of Conference (H.R. 3019) (H.
Rept. 104-537) [25AP]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Dept. of Defense Appropriations: Committee of Conference (H.R.
3610) (H. Rept. 104-863) [28SE]
------Committee on Appropriations (House) (H.R. 3610) (H. Rept.
104-617) [11JN]
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths: Committee of Conference (H.R. 3230) (H.
Rept. 104-724) [30JY]
------Committee of Conference (S. 1124) (H. Rept. 104-450) [22JA]
------Committee on National Security (House) (H.R. 3230) (H. Rept.
104-563) [7MY]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure: Committee of
Conference (H.R. 3517) (H. Rept. 104-721) [30JY]
------Committee on Appropriations (House) (H.R. 3517) (H. Rept.
104-591) [23MY]
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 3662) (H. Rept. 104-
625) [18JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 3756) (H. Rept. 104-660) [8JY]
Dept. of Transportation and Related Agencies Appropriations:
Committee of Conference (H.R. 3675) (H. Rept. 104-785) [16SE]
------Committee on Appropriations (House) (H.R. 3675) (H. Rept.
104-631) [19JN]
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations: Committee on Appropriations (House) (H.R.
3814) (H. Rept. 104-676) [16JY]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations: Committee of Conference (H.R. 3666)
(H. Rept. 104-812) [20SE]
------Committee on Appropriations (House) (H.R. 3666) (H. Rept.
104-628) [18JN]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
District of Columbia Appropriations: Committee of Conference (H.R.
2546) (H. Rept. 104-455) [31JA]
------Committee of Conference (H.R. 3845) (H. Rept. 104-740) [1AU]
------Committee on Appropriations (House) (H.R. 3845) (H. Rept.
104-689) [18JY]
Energy and Water Development Appropriations: Committee of
Conference (H.R. 3816) (H. Rept. 104-782) [12SE]
------Committee on Appropriations (House) (H.R. 3816) (H. Rept.
104-679) [16JY]
Energy Policy and Conservation Act Programs Extension: Committee
on Commerce (House) (H.R. 3868) (H. Rept. 104-712) [26JY]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
FAA Programs Reauthorization: Committee of Conference (H.R. 3539)
(H. Rept. 104-848) [26SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3539) (H. Rept. 104-714) [26JY]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
House Rules Relative to Same-Day Consideration of Certain
Resolutions: Committee on Rules (House) (H. Res. 412) (H.
Rept. 104-535) [24AP]
Individuals With Disabilities Education Act Reauthorization:
Committee on Economic and Educational Opportunities (House)
(H.R. 3268) (H. Rept. 104-614) [10JN]
Intelligence Services Appropriations: Committee of Conference
(H.R. 3259) (H. Rept. 104-832) [24SE]
Juvenile Justice and Delinquency Prevention Act Appropriations:
Committee on Economic and Educational Opportunities (House)
(H.R. 3876) (H. Rept. 104-783) [12SE]
Legislative Branch of the Government Appropriations: Committee of
Conference (H.R. 3754) (H. Rept. 104-733) [31JY]
------Committee on Appropriations (House) (H.R. 3754) (H. Rept.
104-657) [8JY]
Line Item Veto Act: Committee of Conference (S. 4) (H. Rept. 104-
491) [21MR]
National Film Preservation Board Reauthorization: Committee on the
Judiciary (House) (H.R. 1734) (H. Rept. 104-558) [6MY]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
------Committee on the Budget (House) (H.R. 842) (H. Rept. 104-
499) [29MR]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
Older Americans Act Reauthorization: Committee on Economic and
Educational Opportunities (H.R. 2570) (H. Rept. 104-539)
[25AP]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Revised Subdivision of Budget Totals for Fiscal Year 1997:
Committee on Appropriations (House) (H. Rept. 104-672) [12JY]
------Committee on Appropriations (House) (H. Rept. 104-727)
[31JY]
Setting Forth the Federal Budget for 1997-2002: Committee of
Conference (H. Con. Res. 178) (H. Rept. 104-612) [7JN]
------Committee on the Budget (House) (H. Con. Res. 178) (H. Rept.
104-575) [14MY]
Subdivision of Budget Totals for Fiscal Year 1997: Committee on
Appropriations (House) (H. Rept. 104-594) [23MY]
------Committee on Appropriations (House) (H. Rept. 104-624)
[17JN]
Tensas River National Wildlife Refuge Appropriations: Committee on
Resources (House) (H.R. 2660) (H. Rept. 104-526) [18AP]
Use of Federal Funding by Local Governments and Nonprofit
Organizations in Accordance With Approved Local Flexibility
Plans: Committee on Government Reform and Oversight (House)
(H.R. 2086) (H. Rept. 104-847) [26SE]
AQUACULTURE
Bills and resolutions
Atlantic Striped Bass Conservation Act: reauthorize (see H.R.
4139) [24SE]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
ARAB COUNTRIES
related term(s) Middle East
Bills and resolutions
Foreign trade: impose sanctions on foreign persons exporting
petroleum products, natural gas, or related technology to Iran
and Libya (see H.R. 3107) [19MR]
Messages
National Emergency Relative to Iraq: President Clinton [13FE]
National Emergency Relative to Libya: President Clinton [22JY]
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
Reports filed
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
ARCHEOLOGY
Bills and resolutions
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Public lands: collection of fossils (see H.R. 2943) [1FE]
ARCHER, BILL (a Representative from Texas)
Appointments
Conferee: H.R. 3103, Health Coverage Availability and
Affordability Act [11JN]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3539, FAA programs reauthorization [24SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Agriculture: define domestic industry relative to perishable
agricultural products (S. 1463), return to Senate (see H. Res.
402) [16AP]
Board of Tea Experts: abolish (S. 1518), return to Senate (see H.
Res. 387) [21MR]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3063, 3103, 3160) [12MR] [18MR]
[26MR]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
National Physical Fitness and Sports Foundation: establish (S.
1311), return to Senate (see H. Res. 545) [27SE]
Public debt: ceiling (see H.R. 3136) [21MR]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
Public welfare programs: reform (see H.R. 3507) [22MY]
Social Security: payment of benefits relative to the debt limit
extension (see H.R. 2924) [1FE]
Conference reports
Small Business Job Protection Act (H.R. 3448) [1AU]
Reports filed
Adoption Promotion and Stability Act: Committee on Ways and Means
(House) (H.R. 3286) (H. Rept. 104-542) [6MY]
Board of Tea Experts Abolishment: Committee on Ways and Means
(House) (H.R. 2969) (H. Rept. 104-467) [4MR]
Foreign Trade Export Controls: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [27JN]
[[Page 2967]]
Foreign Trade Legislation Technical Corrections: Committee on Ways
and Means (House) (H.R. 3815) (H. Rept. 104-718) [29JY]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
International Dolphin Conservation Program Implementation:
Committee on Ways and Means (House) (H.R. 2823) (H. Rept. 104-
665) [23JY]
Iran and Libya Sanctions Act: Committee on Ways and Means (House)
(H.R. 3107) (H. Rept. 104-523) [17JN]
Most-Favored-Nation Status for Bulgaria: Committee on Ways and
Means (House) (H.R. 2853) (H. Rept. 104-466) [29FE]
Most-Favored-Nation Status for Romania: Committee on Ways and
Means (House) (H.R. 3161) (H. Rept. 104-629) [19JN]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
Safeguard Taxpayer Rights: Committee on Ways and Means (House)
(H.R. 2337) (H. Rept. 104-506) [28MR]
Shipbuilding Trade Agreement Act: Committee on Ways and Means
(House) (H.R. 2754) (H. Rept. 104-524) [18AP]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Social Security Administration Demonstration Projects Extension:
Committee on Ways and Means (House) (H.R. 4039) (H. Rept. 104-
786) [16SE]
Tax Treatment of Military Income Derived From Services Performed
During a Contingency Operation: Committee on Ways and Means
(House) (H.R. 2778) (H. Rept. 104-465) [29FE]
ARCTIC REGIONS
Bills and resolutions
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
Messages
Interagency Arctic Research Policy Committee: President Clinton
[5MR]
ARGENTINA, REPUBLIC OF
Messages
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy: President Clinton [19MR]
ARIZONA
Bills and resolutions
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Dept. of Interior: acquisition by eminent domain of certain State
trust lands (see H.R. 3929) [31JY]
Reports filed
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
ARK (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 2871) [23JA]
ARKANSAS
Bills and resolutions
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison Guaranty
investigation (see H. Con. Res. 218) [25SE]
Honorable David H. Pryor Post Office Building, Camden, AR:
designate (see H.R. 3877) [23JY]
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
ARLINGTON, VA
Bills and resolutions
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
ARMED FORCES
see Department of Defense
ARMEY, RICHARD K. (a Representative from Texas)
Appointments
Committee on Inaugural Ceremonies (Joint) [10SE]
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Bills and resolutions introduced by
Congress: adjournment (see H. Con. Res. 157, 203, 230) [29MR]
[26JY] [28SE]
------notify the President that a quorum has assembled (see H.
Res. 325) [3JA]
------set date for convening of 105th Congress and the date for
the counting of electoral votes for President and Vice
President (see H.J. Res. 198) [28SE]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 184) [16JY]
Funderburk, Representative: election to Committee on Agriculture
(House) (see H. Res. 509) [2AU]
Hayes, Representative: election to the Committee on Ways and Means
(House) (see H. Res. 343, 397) [25JA] [29MR]
House of Representatives: fixing the hour of daily meeting (see H.
Res. 327) [3JA]
Neumann, Representative: election to the Committee on the Budget
(House) (see H. Res. 357) [1FE]
Senate: notify that a quorum of the House of Representatives has
assembled (see H. Res. 326) [3JA]
Motions offered by
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (H. Res. 328) [3JA]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
ARMS CONTROL
Bills and resolutions
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
National security: national missile defense system (see H.R. 3144)
[21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
Reports filed
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
ARMS EXPORT CONTROL ACT
Bills and resolutions
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
Reports filed
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
ARMS SALES
Bills and resolutions
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Dept. of Defense: transfer naval vessels to certain foreign
countries (see H.R. 3121) [20MR]
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Sudan: prohibit foreign aid or arms transfers until elimination of
chattel slavery (see H.R. 3766) [9JY]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
ARMY
see Department of Defense
ARTS AND HUMANITIES
related term(s) Literature; Music and Dance
Bills and resolutions
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Cagney, James: award Congressional Gold Medal (see H.R. 3765)
[9JY]
Institute of American Indian and Alaska Native Culture and Arts
Development: reform board appointment process (see H.R. 3049)
[7MR]
Music and dance: tribute to African-American music (see H. Con.
Res. 151) [12MR]
Robeson, Paul: issue commemorative postage stamp (see H. Res. 511)
[2AU]
Taxation: treatment of unemployment tax relative to entertainment
industry (see H.R. 3677) [19JN]
Messages
National Endowment for the Arts: President Clinton [28MR] [12JN]
National Endowment for the Humanities: President Clinton [17AP]
Reports filed
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
Institute of American Indian and Alaska Native Culture and Arts
Development Board of Trustees Appointment Process: Committee
on Economic and Educational Opportunities (House) (H.R. 3049)
(H. Rept. 104-505) [28MR]
National Film Preservation Board Reauthorization: Committee on the
Judiciary (House) (H.R. 1734) (H. Rept. 104-558) [6MY]
ASIA
Bills and resolutions
Developing countries: improve living standards in the Ganges and
Brahmaputra River basin (see H. Con. Res. 213) [12SE]
ASSOCIATION OF UNIVERSITIES FOR RESEARCH IN ASTRONOMY
Bills and resolutions
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516, 3951) [22MY]
[2AU]
ATLANTA, GA
Bills and resolutions
Capitol Building and Grounds: authorizing use of Grounds for
Summer Olympics torch relay (see H. Con. Res. 172) [7MY]
[[Page 2968]]
Sam Nunn Federal Center: designate (see H.R. 4152) [24SE]
Reports filed
Use of Capitol Grounds for Summer Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
172) (H. Rept. 104-608) [6JN]
ATLANTIC STRIPED BASS CONSERVATION ACT
Bills and resolutions
Reauthorization (see H.R. 4139) [24SE]
ATOMIC ENERGY
see Nuclear Energy
AUBURN, CA
Bills and resolutions
Dams: funding for dam construction on American River (see H.R.
3270) [18AP]
------prohibit Federal funding for dam construction on American
River (see H.R. 2951) [1FE]
AUSTIN, TX
Bills and resolutions
J.J. `Jake' Pickle Federal Building: designate (see H.R. 4329)
[30SE]
AUSTRIA, REPUBLIC OF
Messages
Supplementary Social Security Agreement Between the U.S. and
Austria: President Clinton [20MY]
AUTHORS
see Literature
AUTOMOBILES
see Motor Vehicles
AVIATION
Appointments
Conferees: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions
Airlines and airports: provide protection for airline employees
who provide certain air safety information (see H.R. 3187)
[28MR]
Airports: regulation of scheduled passenger air service at
reliever airports (see H.R. 3141) [21MR]
Animals: require use at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Dept. of Defense: procurement of aircraft landing gear
manufactured and assembled in the U.S. (see H.R. 3171) [27MR]
------sale of excess aircraft relative to suppression of wildfires
(see H.R. 4108) [18SE]
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
Employment: standards for airport security personnel (see H.R.
4205) [26SE]
Explosives: require installation of certain detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
FAA: authorize research, engineering, and development programs
(see H.R. 3484) [16MY]
------compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
------essential air service funding (see H.R. 3037) [6MR]
------reauthorizing programs (see H.R. 3539) [29MY]
------reauthorizing programs (H.R. 3539), consideration of
conference report (see H. Res. 540) [26SE]
------regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
------reorganize and remove all duties not related to safety (see
H.R. 3831) [17JY]
Families and domestic relations: requirements relative to families
of passengers involved in aircraft accidents (see H.R. 3923)
[31JY]
Foreign aid: prohibit U.S. assistance to countries providing
landing rights to Libyan aircraft (see H.R. 4332) [30SE]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093,
4287) [17SE] [28SE]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Petroleum: transfer gasoline tax revenues to transportation trust
funds (see H.R. 3384) [1MY]
Pilots: preemployment review of prospective pilot records (see
H.R. 3536) [29MY]
Safety: prohibit certain individuals from piloting aircraft
relative to aeronautical records, competitions, or feats (see
H.R. 3267) [18AP]
------prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
------standards relative to foreign repair stations (see H.R.
3839) [17JY]
Smithsonian Institution: authorize construction of the National
Air and Space Museum Dulles Center (see H.R. 3933) [31JY]
States: participation in approval process of airport development
projects in neighboring States (see H.R. 3131) [20MR]
Taxation: aviation excise taxes relative to Airport and Airway
Trust Fund expenditures (see H.R. 4206) [26SE]
Terrorism: U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
Transportation: permit States to impose fees for providing air
service to small communities (see H.R. 2881) [25JA]
------prohibit smoking in any federally financed transportation
facility (see H.R. 4333) [30SE]
------provide off-budget treatment for certain transportation
trust funds (H.R. 842), consideration [29MR]
White House Travel Office: abolish (see H.R. 2888) [25JA]
Conference reports
FAA Programs Reauthorization (H.R. 3539) [26SE]
Messages
National Achievements in Aeronautics and Space: President Clinton
[26JN]
Reports filed
Airline Pilot Hiring and Safety Act: Committee on Transportation
(House) (H.R. 3536) (H. Rept. 104-684) [17JY]
Child Pilot Safety Act: Committee on Transportation (House) (H.R.
3267) (H. Rept. 104-683) [17JY]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization: Committee on Rules (House) (H. Res. 540) (H.
Rept. 104-851) [26SE]
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
FAA Programs Reauthorization: Committee of Conference (H.R. 3539)
(H. Rept. 104-848) [26SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3539) (H. Rept. 104-714) [26JY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
------Committee on the Budget (House) (H.R. 842) (H. Rept. 104-
499) [29MR]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
AVIATION SECURITY AND ANTITERRORISM ACT
Bills and resolutions
Enact (see H.R. 3953) [2AU]
Enact (H.R. 3953): consideration (see H. Res. 508) [1AU]
Reports filed
Consideration of H.R. 3953, Provisions: Committee on Rules (House)
(H. Res. 508) (H. Rept. 104-744) [1AU]
AWARDS, MEDALS, PRIZES
Bills and resolutions
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
Cagney, James: award Congressional Gold Medal (see H.R. 3765)
[9JY]
Education: authorize awarding of Presidential Honors Scholarships
to certain graduating secondary school students (see H.R.
4259) [27SE]
Favre, Brett: National Football League Most Valuable Player Award
recipient (see H. Res. 335, 339) [5JA]
Fry, Varian: award Congressional Gold Medal (see H.R. 3352) [30AP]
BACHUS, SPENCER (a Representative from Alabama)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison Guaranty
investigation (see H. Con. Res. 218) [25SE]
Currency: establish interagency task force relative to the holding
and counterfeiting of U.S. currency in foreign countries (see
H.R. 3007) [5MR]
Financial institutions: prohibit removal of certain members of the
National Credit Union Administration Board and the Board of
Directors of the FDIC (see H.R. 3976) [2AU]
BAESLER, SCOTTY (a Representative from Kentucky)
Bills and resolutions introduced by
Chemical weapons: alternatives to demilitarization of munitions
under the baseline incinerator program (see H.R. 3767) [10JY]
BAKER, BILL (a Representative from California)
Appointments
Conferee: S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions introduced by
California: enhance water quality and supply (see H.R. 4048)
[11SE]
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Ecology and environment: development and use of new environmental
monitoring technology (see H.R. 3906) [25JY]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial, San Francisco, CA (see H.R. 4066) [12SE]
Radio: utilization of volunteer workers relative to amateur radio
service (see H.R. 3207) [29MR]
Refuse disposal: funding for dredged material disposal relative to
wetlands (see H.R. 3152) [22MR]
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
Taxation: treatment of computer software (see H.R. 4169) [25SE]
BAKER, RICHARD H. (a Representative from Louisiana)
Appointments
Conferee: S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Courts: appointment of an additional Federal judge for the middle
district of Louisiana (see H.R. 3046) [7MR]
Dept. of HUD: terminate the property disposition program providing
single-family properties for use for the homeless (see H.R.
4085) [17SE]
Federal Home Loan Bank System: reform and modernize (see H.R.
3167) [27MR]
Financial institutions: provide investment opportunities for small
bank holding companies (see H.R. 2981) [28FE]
Money: use of tactile currency for the blind and visually impaired
(see H. Res. 385) [14MR]
[[Page 2969]]
National forests: authorize and extend certain activities of the
National Forest Foundation (see H.R. 4171) [25SE]
Tariff: 2,2-dichlorophenylacetic acid ethyl ester (DCPAE) (see
H.R. 3025) [6MR]
U.S. Civil War Center, Baton Rouge, LA: designate (see H.J. Res.
179) [16MY]
Veterans: payment of dependency and indemnity compensation to
certain former spouses of veterans dying from service-
connected disabilities (see H.R. 3542) [29MY]
BALDACCI, JOHN (a Representative from Maine)
Bills and resolutions introduced by
General Joshua Lawrence Chamberlain Post Office, Brewer, ME:
designate (see H.R. 4195) [26SE]
National Center for Rural Law Enforcement: establish (see H.R.
4140) [24SE]
SBA: participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
BALLENGER, CASS (a Representative from North Carolina)
Appointments
Conferee: H.R. 3448, Small Business Job Protection Act [26JY]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Employment: disregard additional payments for calculation of
overtime compensation (see H.R. 3087) [14MR]
Occupational Safety and Health Act: amend (see H.R. 3234) [15AP]
BANGLADESH, PEOPLE'S REPUBLIC OF
Bills and resolutions
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
BANK HOLDING COMPANY ACT
Bills and resolutions
FRS: clarify authority of Board of Governors relative to bank
holding company applications (see H.R. 3210) [29MR]
BANKRUPTCY
Bills and resolutions
Medicare/Medicaid: use of bankruptcy courts by suppliers and
providers to discharge claims and by professionals excluded
from health care programs seeking automatic stays from
exclusion (see H.R. 4219) [26SE]
Reports filed
Bankruptcy Judge Appointments: Committee on the Judiciary (House)
(H.R. 2604) (H. Rept. 104-569) [9MY]
BANKS
see Financial Institutions
BARCIA, JAMES A. (a Representative from Michigan)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Perot, H. Ross: inclusion in Presidential debates (see H. Res.
555) [30SE]
BAREFOOT'N (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 2907) [30JA]
BARR, BOB (a Representative from Georgia)
Appointments
Conferee: S. 735, Comprehensive Terrorism Prevention Act [14MR]
Bills and resolutions introduced by
Citizenship: status of children born in U.S. to parents who are
not citizens or permanent resident aliens (see H.J. Res. 190)
[5SE]
Executive Office of the President: civil remedies for the request
or receipt of protected records for nonroutine use (see H.R.
3687) [20JN]
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125), consideration (see H.
Res. 364) [23FE]
Marriage: define and protect institution (see H.R. 3396) [7MY]
BARRETT, BILL (a Representative from Nebraska)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Agriculture: Federal assistance to livestock producers adversely
affected by drought conditions (see H. Con. Res. 181) [23MY]
Crawford National Fish Hatchery: convey to Crawford, NE (see H.R.
3287) [23AP]
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
Sioux Indian Nation: make available certain awarded funds to the
Santee Sioux Tribe of Nebraska (see H.R. 3595) [6JN]
Transportation: permit States to impose fees for providing air
service to small communities (see H.R. 2881) [25JA]
BARRETT, THOMAS M. (a Representative from Wisconsin)
Bills and resolutions introduced by
Dept. of HUD: occupancy standards relative to purchasers of single
family residential properties (see H.R. 4141) [24SE]
Drugs: treatment of sentences relative to powdered cocaine (see
H.R. 3154) [22MR]
ERISA: amend rules governing litigation relative to retiree health
benefits (see H.R. 4237) [27SE]
House of Representatives: official travel restrictions to foreign
countries during periods of lapsed appropriations (see H.R.
2841) [3JA]
Taxation: expand definition of limited tax benefits applicable to
line-item veto (see H.R. 3566) [4JN]
BARRY, JOHN
Bills and resolutions
Navy: recognize as first flag officer (see H.J. Res. 196) [26SE]
BARTLETT, ROSCOE G. (a Representative from Maryland)
Bills and resolutions introduced by
New, Michael: reverse court-martial relative to refusal to wear
U.N. uniform insignia (see H. Con. Res. 134) [25JA]
BARTON, JOE (a Representative from Texas)
Bills and resolutions introduced by
Clean Air Act: amend (see H.R. 3519) [23MY]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue (see
H.J. Res. 159) [1FE]
------constitutional amendment to require a two-thirds majority on
the passage of legislation increasing revenue (see H.J. Res.
169) [28MR]
Congressional Budget Act: amend (see H.R. 4142) [24SE]
Drug Abuse Prevention and Treatment Administration: establish (see
H.R. 3847) [18JY]
Elections: require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
FDA: facilitate the development and approval process for medical
devices (see H.R. 3201) [29MR]
George Bush School of Government and Public Service: funding (see
H.R. 3803) [12JY]
House Rules: require drug testing of Members, officers, and staff
(see H. Res. 510, 519) [2AU] [11SE]
Transportation: increase use of natural gas as a fuel (see H.R.
4288) [28SE]
BASS, CHARLES (a Representative from New Hampshire)
Bills and resolutions introduced by
Berlin, NH: examine historical significance (see H.R. 4026) [5SE]
Congress: restore integrity, goodwill, honesty, and trust (see
H.R. 3792) [11JY]
Elections: revise rules on independent expenditures (see H.R.
3208) [29MR]
Executive Office of the President: establish Office of the
Inspector General (see H.R. 3872) [23JY]
Hey, Da! (vessel): certificate of documentation (see H.R. 4225)
[26SE]
House Rules: improve committee operations, procedures, and
staffing (see H. Res. 480) [16JY]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Reports filed
Dismissal of Election Contest Against Representative Bass:
Committee on House Oversight (House) (H. Res. 539) (H. Rept.
104-853) [26SE]
BATEMAN, HERBERT H. (a Representative from Virginia)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
Chesapeake Bay: establish a program to provide environmental
assistance to non-Federal interests (see H.R. 3309) [24AP]
Dept. of Defense: technical corrections relative to certain
educational assistance authority (see H.R. 4282) [28SE]
Dept. of Transportation: authorizing appropriations for certain
maritime programs (see H.R. 3281) [22AP]
Panama Canal: authorizing appropriations for operation and
maintenance (see H.R. 3282) [22AP]
BATON ROUGE, LA
Bills and resolutions
U.S. Civil War Center: designate (see H.J. Res. 179) [16MY]
BEACHES
related term(s) Coastal Zones
Bills and resolutions
Erosion: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
Water pollution: improve quality of coastal recreation waters (see
H.R. 3789) [11JY]
BEACON (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3914) [29JY]
BEATTIE, MOLLIE
Bills and resolutions
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
BECERRA, XAVIER (a Representative from California)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
INS: promote the naturalization of eligible individuals (see H.R.
3323) [25AP]
BEILENSON, ANTHONY C. (a Representative from California)
Appointments
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
BELARUS, REPUBLIC OF
related term(s) Commonwealth of Independent States
Bills and resolutions
Independence: anniversary (see H. Con. Res. 163) [17AP]
Ukraine: anniversary of the Chornobyl nuclear reactor accident
(see H. Con. Res. 167) [24AP]
BENTSEN, KEN (a Representative from Texas)
Bills and resolutions introduced by
Health: establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
Medicare: access to medigap supplemental insurance for enrollees
in both traditional and managed care plans (see H.R. 3374)
[1MY]
Petroleum: gasoline tax (see H.R. 3395) [7MY]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
BEREUTER, DOUG (a Representative from Nebraska)
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Agriculture: study of risk management fund accounts for farm
owners and operators (see H.R. 2905) [30JA]
American Discovery Trail: establish (see H.R. 3250) [16AP]
[[Page 2970]]
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
Cambodia: human rights situation (see H. Res. 345) [25JA]
Development Fund for Africa: funding (see H.R. 3638) [13JN]
------reauthorize (see H.R. 3735) [27JN]
Financial institutions: capitalize deposit insurance funds and
provide regulatory relief for insured depository institutions
and holding companies (see H.R. 3567) [4JN]
Foreign policy: provide remedy for inadequate trade benefits to
the U.S. and restrictions on free emigration from other
countries (see H.R. 4289) [28SE]
Mauritania: human rights violations (see H. Con. Res. 142) [1FE]
Mongolia: most-favored-nation status (see H.R. 4086) [17SE]
National Discovery Trails: establish (see H.R. 3250) [16AP]
Taxation: contribution limits for certain pension plans (see H.R.
3209) [29MR]
BERGEN COUNTY, NJ
Bills and resolutions
Stepan Property Superfund Site: recovery of costs associated with
cleanup (see H.R. 3319) [24AP]
BERLIN, NH
Bills and resolutions
History: examine historical significance (see H.R. 4026) [5SE]
BERMAN, HOWARD L. (a Representative from California)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 2202, Immigration in the National Interest Act [11SE]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
BEVILL, TOM (a Representative from Alabama)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions introduced by
Carbon Hill National Fish Hatchery: convey to Alabama (see H.R.
2982) [28FE]
BILBRAY, BRIAN P. (a Representative from California)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
California: conveyance of certain property (see H.R. 3083) [14MR]
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
Custom Service: treatment of foreign vehicles relative to U.S.
emission standards (see H.R. 3961) [2AU]
Fair Housing Act: amend (see H.R. 4019) [4SE]
Federal employees: appeals process relative to workers'
compensation claims (see H.R. 3205) [29MR]
------selection of certain physicians to provide medical opinions
relative to workers' compensation claims (see H.R. 3204)
[29MR]
------treatment of medical opinions relative to workers'
compensation claims (see H.R. 3203) [29MR]
Housing: regulation of residential care facilities (see H.R. 2927)
[1FE]
States: reimburse for costs of educating certain illegal alien
students (see H.R. 4062) [12SE]
Tariff: HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
BILIRAKIS, MICHAEL (a Representative from Florida)
Appointments
Conferee: H.R. 3103, Health Coverage Availability and
Affordability Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3070) [12MR]
Veterans: permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
BIOLOGICAL WEAPONS
related term(s) Weapons
Bills and resolutions
National security: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Persian Gulf Conflict: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
BIPARTISAN COMMISSION ON THE FUTURE OF MEDICARE
Bills and resolutions
Establish (see H.R. 3881) [23JY]
BIRDS
related term(s) National Wildlife Refuges; Wildlife
Bills and resolutions
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Hunting and trapping: clarify prohibitions and provide for
wildlife habitat under the Migratory Bird Treaty Act (see H.R.
4077) [12SE]
Reports filed
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
BIRTH CONTROL
Bills and resolutions
Abortion: prohibit partial-birth abortions (see H.R. 4284) [28SE]
------prohibit partial-birth abortions (H.R. 1833), consideration
of Senate amendments (see H. Res. 389) [22MR]
Messages
Veto of H.R. 1833, Prohibit Partial-Birth Abortions: President
Clinton [15AP]
Motions
Abortion: prohibit partial-birth abortions (H.R. 1833), Senate
amendments [27MR]
------prohibit partial-birth abortions (H.R. 1833), veto [19SE]
Reports filed
Consideration of Senate Amendments to H.R. 1833, Prohibit Partial-
Birth Abortions: Committee on Rules (House) (H. Rept. 104-492)
[22MR]
BLACK REVOLUTIONARY WAR PATRIOTS FOUNDATION
Bills and resolutions
Monuments and memorials: extend authority to establish
commemorative work (see H.R. 3707) [25JN]
BLACKS
see African Americans
BLILEY, THOMAS J., JR. (a Representative from Virginia)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
------H.R. 3103, Health Coverage Availability and Affordability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Federal aid programs: deny community development block grants to
States that allow recovery of damages for injuries suffered in
the commission of a felony (see H.R. 3736) [27JN]
Safe Drinking Water Act: amend (see H.R. 3604) [10JN]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Solid waste: State control over transportation of municipal solid
waste (S. 534), consideration (see H. Res. 349) [30JA]
Conference reports
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Telecommunications Act (S. 652) [31JA]
Motions offered by
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Animal Drug Availability Act: Committee on Commerce (House) (H.R.
2508) (H. Rept. 104-822) [24SE]
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance: Committee on Commerce (House) (H.R. 447) (H. Rept.
104-753) [2AU]
Developmental Disabilities Assistance and Bill of Rights Act
Reauthorization: Committee on Commerce (House) (H.R. 3867) (H.
Rept. 104-719) [30JY]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Energy Policy and Conservation Act Programs Extension: Committee
on Commerce (House) (H.R. 3868) (H. Rept. 104-712) [26JY]
------Committee on Commerce (House) (H.R. 4083) (H. Rept. 104-814)
[20SE]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky: Committee on Commerce (House) (H.R. 2501)
(H. Rept. 104-507) [28MR], (H.R. 2869) (H. Rept. 104-512)
[28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina: Committee on Commerce (House) (H.R.
2773) (H. Rept. 104-510) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio: Committee on Commerce (House) (H.R. 2816) (H.
Rept. 104-511) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania: Committee on Commerce (House) (H.R.
2695) (H. Rept. 104-509) [28MR]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
Health Coverage Availability and Affordability Act: Committee on
Ways and Means (House) (H.R. 3103) (H. Rept. 104-496) [25MR]
Health Studies and Programs Relative to Traumatic Brain Injuries:
Committee on Commerce (House) (H.R. 248) (H. Rept. 104-652)
[27JN]
Journeymen Boxer Safety: Committee on Commerce (House) (H.R. 1186)
(H. Rept. 104-833) [24SE]
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
[[Page 2971]]
Medicaid Osteopathic Services: Committee on Commerce (House) (H.R.
1791) (H. Rept. 104-826) [24SE]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Medicaid Requirements and Qualifications Relative to County
Operated Health Insurance Programs: Committee on Commerce
(House) (H.R. 3056) (H. Rept. 104-751) [2AU]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs: Committee on Commerce (House) (H.R. 3871) (H. Rept. 104-
752) [2AU]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
Medicare Enrollment Composition Rules for Wellness Plan: Committee
on Commerce (House) (H.R. 4012) (H. Rept. 104-845) [25SE]
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs: Committee on Commerce (House) (H.R. 3633) (H. Rept.
104-818) [23SE]
Prohibit Interference Between Health Care Providers and Their
Patients: Committee of Conference (H.R. 2976) (H. Rept. 104-
865) [28SE]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
U.S. National Tourism Organization Act: Committee on Commerce
(House) (H.R. 2579) (H. Rept. 104-839) [25SE]
Uranium Mill Tailings Radiation Control Act Appropriations:
Committee on Commerce (House) (H.R. 2967) (H. Rept. 104-536)
[24AP]
Waste Isolation Pilot Plant Land Withdrawal Act Amendments:
Committee on Commerce (House) (H.R. 1663) (H. Rept. 104-540)
[25AP]
BLIND
see Disabled
BLOOD DONORS
see Health
BLUMENAUER, EARL (a Representative from Oregon)
Bills and resolutions introduced by
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
BLUTE, PETER (a Representative from Massachusetts)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Augusta (Gusty) Hornblower U.S. Post Office, Groton, MA: designate
(see H.R. 3768) [10JY]
Federal aid programs: elimination of certain Federal programs and
subsidies (see H.R. 2934) [1FE]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
Government: require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2882) [25JA]
INS: standards for naturalization (see H.R. 4143) [24SE]
BOARD OF TEA EXPERTS
Bills and resolutions
Abolish (see H.R. 2969) [23FE]
Abolish (S. 1518): return to Senate (see H. Res. 387) [21MR]
Reports filed
Abolish: Committee on Commerce (House) (H.R. 2969) (H. Rept. 104-
467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
BOATS
see Ships and Vessels
BOEHLERT, SHERWOOD L. (a Representative from New York)
Appointments
Conferee: S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Conference reports
Water Resources Development Act (S. 640) [25SE]
BOEHNER, JOHN A. (a Representative from Ohio)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Congress: adjournment (see H. Con. Res. 133) [9JA]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 457) [20JN]
Taxation: treatment of charitable contributions (see H.R. 4238)
[27SE]
BOMBINGS
see Terrorism
BONILLA, HENRY (a Representative from Texas)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Conference reports
District of Columbia Appropriations (H.R. 3845) [1AU]
BONIOR, DAVID E. (a Representative from Michigan)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Conferee: H.R. 3103, Health Coverage Availability and
Affordability Act [11JN]
Motions offered by
Appropriations: making continuing (H.R. 2880) [25JA]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Public debt: ceiling (H.R. 3136) [28MR]
BONO, SONNY (a Representative from California)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
Bills and resolutions introduced by
California: distribution of certain revenues from the Mineral
Springs parcel to certain members of the Agua Caliente Band of
Cahuilla Indians (see H.R. 3804) [12JY]
------settlement of issues and claims relative to trust lands of
the Torres-Martinez Desert Cahuilla Indians (see H.R. 3640)
[13JN]
Contracts: allow choice of arbitration as a means of settling
disputes (see H.R. 3422) [9MY]
House Rules: require Members to establish office policies relative
to the use of computer software, programs, and data bases (see
H. Res. 533) [24SE]
BOOKS
see Literature
BOOTLE, WILLIAM AUGUSTUS
Bills and resolutions
William Augustus Bootle Federal Building and U.S. Courthouse,
Macon, GA: designate (see H.R. 4119) [19SE]
BORSKI, ROBERT A. (a Representative from Pennsylvania)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Conferee: S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Aviation: standards relative to foreign repair stations (see H.R.
3839) [17JY]
Public works: national program to create jobs and restore
infrastructure (see H.R. 3469) [16MY]
Roads and highways: include graffiti removal within meaning of
transportation enhancement activity (see H.R. 3848) [18JY]
BOSNIA AND HERZEGOVINA
Bills and resolutions
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
Yugoslavia: human and political rights of the Bosnian people of
the Sanjak region in Serbia and Montenegro (see H. Con. Res.
217) [24SE]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Tax Treatment of Military Income Derived From Services Performed
During a Contingency Operation: Committee on Ways and Means
(House) (H.R. 2778) (H. Rept. 104-465) [29FE]
BOUCHER, RICK (a Representative from Virginia)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
States: congressional consent for mutual aid agreement between the
cities of Bristol, VA, and Bristol, TN (see H.J. Res. 166)
[21MR]
BRALY, HOUSTON
Bills and resolutions
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
BRAZIL, FEDERATIVE REPUBLIC OF
Bills and resolutions
Pang, Martin: extradition from Brazil to the U.S. (see H. Con.
Res. 132) [5JA]
BREWER, ME
Bills and resolutions
General Joshua Lawrence Chamberlain Post Office: designate (see
H.R. 4195) [26SE]
[[Page 2972]]
BREWSTER, BILL K. (a Representative from Oklahoma)
Bills and resolutions introduced by
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
Phi Beta Lambda (fraternal organization): tribute (see H. Con.
Res. 164) [18AP]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
BRIDGES
related term(s) Roads and Highways
Bills and resolutions
Roads and highways: increase number of State participants in the
infrastructure bank pilot program (see H.R. 3367) [30AP]
William H. Natcher Bridge: designate (see H.R. 3572) [4JN]
Reports filed
William H. Natcher Bridge Designation: Committee on Transportation
and Infrastructure (House) (H.R. 3572) (H. Rept. 104-626)
[18JN]
BRISTOL, TN
Bills and resolutions
States: congressional consent for mutual aid agreement between the
cities of Bristol, VA, and Bristol, TN (see H.J. Res. 166)
[21MR]
Reports filed
Congressional Consent to the Mutual Aid Agreement Between the
Cities of Bristol, VA, and Bristol, TN: Committee on the
Judiciary (House) (H.J. Res. 166) (H. Rept. 104-705) [24JY]
BRISTOL, VA
Bills and resolutions
States: congressional consent for mutual aid agreement between the
cities of Bristol, VA, and Bristol, TN (see H.J. Res. 166)
[21MR]
Reports filed
Congressional Consent to the Mutual Aid Agreement Between the
Cities of Bristol, VA, and Bristol, TN: Committee on the
Judiciary (House) (H.J. Res. 166) (H. Rept. 104-705) [24JY]
BRITISH-U.S. INTERPARLIAMENTARY GROUP
Appointments
Members [29MR] [7MY]
BROADCASTING
see Radio; Television; Telecommunications
BROWDER, GLEN (a Representative from Alabama)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Capitol Building and Grounds: recognize contributions of all
American citizens in the National Statuary Hall (see H. Con.
Res. 158) [29MR]
FDA: review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
Gambling: grant jurisdiction to the States over activities
conducted on Native American lands (see H.R. 3289) [23AP]
Persian Gulf Conflict: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
Talladega National Forest: designate certain lands as the Dugger
Mountain Wilderness (see H.R. 4087) [17SE]
BROWN, CORRINE (a Representative from Florida)
Bills and resolutions introduced by
Armed Forces: treatment of Dept. of Defense separation pay
relative to Dept. of Veterans Affairs disability compensation
(see H.R. 3521) [23MY]
Dept. of Veterans Affairs: assessment of research and health care
services for women veterans (see H.R. 3711) [25JN]
------improve health care services for women veterans (see H.R.
3713) [25JN]
------improve research activities for women veterans (see H.R.
3712) [25JN]
Sam M. Gibbons U.S. Courthouse, Tampa, FL: designate (see H.R.
3710) [25JN]
BROWN, GEORGE E., JR. (a Representative from California)
Appointments
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Education: promote science and technology (see H.R. 3709) [25JN]
Employment: provide adjustment assistance to workers displaced
because of any Federal program, project, or activity (see H.R.
4292) [28SE]
Foreign trade: require cooperation from trade partners in
preventing illegal drug traffic (see H.R. 4290) [28SE]
Sequoia National Forest: preservation of Giant Sequoia ecosystem
and increase recreational opportunities (see H.R. 3873) [23JY]
Social Security Administration: develop plan with the IRS to
eliminate mismatching of earnings information (see H.R. 4274)
[28SE]
Space policy: licensing of commercial space reentry vehicles and
reentry sites (see H.R. 4239) [27SE]
Treaties and agreements: negotiation of environmental, labor and
agricultural standards relative to trade agreements in Western
Hemisphere (see H.R. 4291) [28SE]
BROWN, RONALD H.
Bills and resolutions
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Ronald H. Brown Commerce Building, Washington, DC: designate (see
H.R. 3247) [15AP]
Ronald H. Brown Federal Building, New York, NY: designate (see
H.R. 3560) [30MY]
Tribute (see H. Res. 403, 404, 406) [16AP] [18AP]
BROWN, SHERROD (a Representative from Ohio)
Bills and resolutions introduced by
Elections: limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
BROWNBACK, SAM (a Representative from Kansas)
Appointments
British-U.S. Interparliamentary Group [29MR]
Bills and resolutions introduced by
Appropriations: public disclosure of funding used to conduct field
examinations of appropriation estimates (see H.R. 4293) [28SE]
BRYANT, ED (a Representative from Tennessee)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
Bills and resolutions introduced by
Armed Forces: establish criminal sentence of life without parole
and make denials of parole appealable only to the President
(see H.R. 4104) [18SE]
Courts: payment of the costs of court-appointed attorneys in
certain criminal cases (see H.R. 3027) [6MR]
------provide that proceedings against a judge be held in a
circuit other than the circuit within which the judge serves
(see H.R. 3026) [6MR]
Irrigation: technical assistance for the Chickasaw Basin Authority
(see H.R. 3325) [25AP]
Sports: regulations relative to relocation of professional teams
(see H.R. 3805) [12JY]
Taxation: treatment of educational grants by private foundations
(see H.R. 3737) [27JN]
Tennessee: authorize haying and grazing on certain lands (see H.R.
3554) [30MY]
BRYANT, JOHN (a Representative from Texas)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
Bills and resolutions introduced by
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
Medicaid: State recovery of expenses from medical assistance
programs (see H.R. 2883) [25JA]
Motions offered by
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
BUDGET--U.S.
related term Appropriations
Appointments
Conferees: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 3019, continuing appropriations [21MR] [23AP]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
Appropriations: establish automatic continuing appropriations (see
H.R. 2965, 4094) [13FE] [17SE]
------making continuing (see H.R. 3019) [5MR], (H.J. Res. 138,
139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150,
151, 152, 155, 157, 163, 165, 170, 175) [3JA] [25JA] [13MR]
[20MR] [29MR] [23AP]
------making continuing (H.J. Res. 118), consideration (see H.
Res. 329) [3JA]
------making continuing (H.J. Res. 165), consideration (see H.
Res. 386) [20MR]
------making continuing (H.J. Res. 175), consideration (see H.
Res. 411) [23AP]
------making continuing (H.R. 3019), consideration (see H. Res.
372) [6MR]
------making continuing (H.R. 3019), consideration of conference
report (see H. Res. 415) [25AP]
------making continuing (H.R. 3019), waiving enrollment
requirements (see H.J. Res. 168) [26MR]
------making omnibus consolidated (see H.R. 4278) [28SE]
------public disclosure of funding used to conduct field
examinations of appropriation estimates (see H.R. 4293) [28SE]
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (see H. Res. 328) [3JA]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue (see
H.J. Res. 159) [1FE]
------constitutional amendment to require a two-thirds majority on
the passage of legislation increasing revenue (see H.J. Res.
169) [28MR]
Congressional Budget Act: amend (see H.R. 4142) [24SE]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134), disposition of Senate amendment (see H. Res. 336)
[5JA]
------making continuing appropriations (H.J. Res. 134),
transmission procedures relative to balanced budget submission
(see H. Con. Res. 131) [5JA]
District of Columbia: making continuing appropriations (see H.J.
Res. 153, 154) [3JA]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Education: funding levels for federally assisted education
programs (see H. Con. Res. 144) [1FE]
Federal budget: reconciliation of the concurrent resolution (see
H.R. 2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------reform process (see H.R. 4285) [28SE]
------require President's budget submission to Congress include a
balanced budget plan (see H.R. 3379) [1MY]
------require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
------sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
------setting forth for 1996-2002 (H. Con. Res. 66), consideration
(see H. Res. 424) [2MY]
------setting forth for 1997-2002 (see H. Con. Res. 174, 178)
[9MY] [14MY]
------setting forth for 1997-2002 (H. Con. Res. 178),
consideration (see H. Res. 435) [15MY]
[[Page 2973]]
------setting forth for 1997-2002 (H. Con. Res. 178),
consideration of conference report (see H. Res. 450) [10JN]
------use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Federal employees: continuance of work during Government shutdown
(S. 1508), return to Senate (see H. Res. 331) [4JA]
------provide interest-free loans to furloughed employees (see
H.R. 2842) [4JA]
Government: reduce spending and regulatory programs (see H. Con.
Res. 193) [27JN]
------relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
House Rules: question of privilege relative to public debt ceiling
(see H. Res. 354) [31JA]
------reduce number of programs covered by appropriation bills
(see H. Res. 476, 514) [11JY] [2AU]
------same-day consideration of certain resolutions (see H. Res.
412) [24AP]
Intelligence services: require separate, unclassified statements
of the aggregate amount of budget outlays for intelligence
activities (see H.R. 3392) [6MY]
Medicaid: reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
Medicare: contract reform (see H.R. 3132) [20MR]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------reform (see H.R. 3355) [30AP]
------waive enrollment composition rules for Wellness Plan (see
H.R. 4012) [2AU]
National Commission on the Long-Term Solvency of the Medicare
Program: establish (see H.R. 3992) [2AU]
Petroleum: transfer gasoline tax revenues to transportation trust
funds (see H.R. 3372, 3384) [1MY]
Public debt: ceiling (see H.R. 2862, 2896, 2897, 2920, 3136)
[22JA] [25JA] [31JA] [21MR]
------ceiling (H.R. 2409), engrossment (see H. Res. 356) [1FE]
------ceiling (H.R. 3136), consideration (see H. Res. 391) [27MR]
------ceiling (H.R. 3136), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
Social Security: budget treatment of trust funds (see H.R. 2897)
[25JA]
------investment of surplus from trust funds and protection from
public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 2928) [1FE]
------payment of benefits relative to the debt limit extension
(see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
Taxation: expand definition of limited tax benefits applicable to
line-item veto (see H.R. 3566) [4JN]
------require income tax instructions provide explanation of laws
relative to a balanced budget (see H.R. 2884) [25JA]
------require use of dynamic economic modeling in the preparation
of estimates of proposed changes in Federal revenue law (see
H. Con. Res. 170) [2MY]
Transportation: provide off-budget treatment for certain
transportation trust funds (H.R. 842), consideration [29MR]
Conference reports
Continuing Appropriations (H.R. 3019) [25AP] [30AP]
Line Item Veto Act (S. 4) [21MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
[7JN]
Messages
Dept. of Defense Budget Rescissions: President Clinton [13MR]
Dept. of the Interior and Related Agencies Appropriations:
President Clinton [29AP]
Economic Report: President Clinton [16FE]
Federal Budget for Fiscal Year 1997: President Clinton [6FE]
[19MR]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Revised Deferral of Budgetary Resources: President Clinton [27FE]
[5MR] [14MY] [24JN]
Motions
Appropriations: making continuing (H.J. Res. 165) [21MR]
------making continuing (H.R. 2880) [25JA]
------making continuing (H.R. 3019) [7MR] [21MR]
------making continuing (H.R. 3019), conference report [25AP]
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (H. Res. 328) [3JA]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (H. Res. 395) [15AP]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134) [5JA]
Federal budget: reconciliation of the concurrent resolution (H.R.
3734) [18JY] [24JY]
------setting forth for 1997-2002 (H. Con. Res. 178) [30MY]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
House Rules: same-day consideration of certain resolutions (H.
Res. 412) [25AP]
Public debt: ceiling (H.R. 3136) [28MR]
Reports filed
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002: Committee on Rules
(House) (H. Res. 450) (H. Rept. 104-615) [10JN]
Consideration of Conference Report on H.R. 3019, Continuing
Appropriations: Committee on Rules (House) (H. Res. 415) (H.
Rept. 104-538) [25AP]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY], (H.
Res. 495) (H. Rept. 104-729) [31JY]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002: Committee on Rules (House) (H. Res. 435)
(H. Rept. 104-577) [15MY]
Consideration of H.J. Res. 165, Continuing Appropriations:
Committee on Rules (House) (H. Res. 386) (H. Rept. 104-489)
[20MR]
Consideration of H.J. Res. 175, Continuing Appropriations:
Committee on Rules (House) (H. Res. 411) (H. Rept. 104-534)
[23AP]
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3019, Continuing Appropriations: Committee
on Rules (House) (H. Res. 372) (H. Rept. 104-474) [6MR]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Continuing Appropriations: Committee of Conference (H.R. 3019) (H.
Rept. 104-537) [25AP]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
Federal Financial Management Laws: Committee on Government Reform
and Oversight (House) (H. Rept. 104-745) [2AU]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
House Rules Relative to Same-Day Consideration of Certain
Resolutions: Committee on Rules (House) (H. Res. 412) (H.
Rept. 104-535) [24AP]
Line Item Veto Act: Committee of Conference (S. 4) (H. Rept. 104-
491) [21MR]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
------Committee on the Budget (House) (H.R. 842) (H. Rept. 104-
499) [29MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Revised Subdivision of Budget Totals for Fiscal Year 1997:
Committee on Appropriations (House) (H. Rept. 104-672) [12JY]
------Committee on Appropriations (House) (H. Rept. 104-727)
[31JY]
Setting Forth the Federal Budget for 1997-2002: Committee of
Conference (H. Con. Res. 178) (H. Rept. 104-612) [7JN]
------Committee on the Budget (House) (H. Con. Res. 178) (H. Rept.
104-575) [14MY]
Subdivision of Budget Totals for Fiscal Year 1997: Committee on
Appropriations (House) (H. Rept. 104-594) [23MY]
------Committee on Appropriations (House) (H. Rept. 104-624)
[17JN]
BULGARIA, REPUBLIC OF
Bills and resolutions
Foreign trade: most-favored-nation status (see H.R. 2853) [5JA]
------most-favored-nation status (H.R. 1643), concur with Senate
amendment (see H. Res. 328) [3JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of Senate amendment (see H. Res. 334) [4JA]
Messages
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Motions
Foreign trade: most-favored-nation status (H.R. 1643) [5JA]
------most-favored-nation status (H.R. 1643), concur with Senate
amendment (H. Res. 328) [3JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of Senate amendment (H. Res. 334) [5JA]
Reports filed
Consideration of Motion To Dispose of Senate Amendment to H.R.
1643, Most-Favored-Nation Status for
[[Page 2974]]
Bulgaria: Committee on Rules (House) (H. Res. 334) (H. Rept.
104-447) [4JA]
Most-Favored-Nation Status for Bulgaria: Committee on Ways and
Means (House) (H.R. 2853) (H. Rept. 104-466) [29FE]
BUNN, JIM (a Representative from Oregon)
Appointments
Conferee: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions introduced by
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Oregon: transfer of Oregon and California Railroad Grant Lands,
Coos Bay Military Wagon Road Grant Lands, and public domain
lands (see H.R. 3769) [10JY]
BUNNING, JIM (a Representative from Kentucky)
Bills and resolutions introduced by
Health: improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
Social Security Administration: extend demonstration projects (see
H.R. 4039) [10SE]
Taxation: clarify the reasonable cause exception from penalties
for failure to file returns or to pay taxes (see H.R. 3137)
[21MR]
BUREAU OF INDIAN AFFAIRS
Bills and resolutions
Florida: clarification of certain rights of the Miccosukee Tribe
(see H.R. 4199) [26SE]
Management: reorganization (see H.R. 3354) [30AP]
Native Americans: administrative procedures for extension of
Federal recognition to certain Indian groups (see H.R. 2997)
[29FE]
------authorizing appropriations for certain programs (see H.R.
3066) [12MR]
------establish pilot project to oversee issuance of bonds to
provide funding for construction of schools (see H.R. 4151)
[24SE]
------extend tribal authority to manage certain Federal programs
that directly benefit Native Americans (see H.R. 3034) [6MR]
------funding for housing programs relative to tribal self-
governance (see H.R. 3219) [29MR]
------repeal Indian trading laws (see H.R. 3215) [29MR]
North Carolina: Federal recognition of the Lumbee Tribe (see H.R.
3810) [12JY]
Public lands: provide that certain tribal lands held in trust be
defined as entitlement land (see H.R. 4202) [26SE]
United Houma Nation: Federal recognition and settlement of land
claims (see H.R. 3671) [18JN]
Reports filed
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
BUREAU OF LABOR STATISTICS
Bills and resolutions
Information services: provide safeguards for confidentiality of
statistical information (see H.R. 3924) [31JY]
BUREAU OF LAND MANAGEMENT
Bills and resolutions
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
Appropriations: authorizing (see H.R. 3290) [23AP]
California: exchange of certain Federal lands (see H.R. 3147)
[21MR]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
Reports filed
Appropriations: Committee on Resources (House) (H.R. 3290) (H.
Rept. 104-658) [8JY]
California Exchange of Certain Federal Lands: Committee on
Resources (House) (H.R. 3147) (H. Rept. 104-760) [4SE]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Public Rangelands Management Act: Committee on Resources (House)
(S. 1459) (H. Rept. 104-674) [12JY]
BUREAU OF MINES
Bills and resolutions
Business and industry: arrange for the recovery and disposal of
helium on Federal lands (see H.R. 2906, 4168) [30JA] [25SE]
BUREAU OF RECLAMATION
Bills and resolutions
Agriculture: fair payment for use of Bureau of Reclamation water
(see H.R. 3917) [30JY]
Fall River County, SD: construction of rural water system (see
H.R. 3985) [2AU]
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
Oroville-Tonasket Irrigation District: settlement (see H.R. 3777)
[10JY]
Perkins County, SD: construction of rural water system (see H.R.
3986) [2AU]
BUREAU OF THE CENSUS
related term(s) Department of Commerce
Bills and resolutions
Census: accuracy of decennial census (see H.R. 3558) [30MY]
------collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Information services: provide safeguards for confidentiality of
statistical information (see H.R. 3924) [31JY]
Reports filed
Sampling and Statistical Adjustment in the Decennial Census--
Fundemental Flaws: Committee on Government Reform and
Oversight (House) (H. Rept. 104-821) [24SE]
BURMA
Bills and resolutions
Foreign trade: impose sanctions (see H.R. 2892) [25JA]
U.S. policy (see H. Con. Res. 188) [13JN]
BURR, RICHARD (a Representative from North Carolina)
Bills and resolutions introduced by
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
Hazardous substances: clarify listing of unique chemical
substances (see H.R. 3849) [18JY]
Health care professionals: facilitate the dissemination to
physicians of scientific information on drug therapies and
medical devices (see H.R. 2932) [1FE]
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
BURTON, DAN (a Representative from Indiana)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
Bills and resolutions introduced by
Aviation: require use of animals at airports for detection of
certain explosive devices (see H.R. 3896) [25JY]
Beacon (vessel): certificate of documentation (see H.R. 3914)
[29JY]
Western Atlantic (vessel): certificate of documentation (see H.R.
3913) [29JY]
BUSINESS AND INDUSTRY
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
------H.R. 3005, Securities Investment Promotion Act [24JY]
------H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions
Agriculture: allow interstate distribution of State-inspected meat
(see H.R. 3750) [27JN]
------assure payment for milk and livestock delivered to milk
processors, livestock dealers, or market agencies (see H.R.
3762) [9JY]
------define domestic industry relative to perishable agricultural
products (S. 1463), return to Senate (see H. Res. 402) [16AP]
------improve reporting and ensure competitiveness in the
livestock industry (see H.R. 3794) [11JY]
------repeal restrictions on colored margarine (see H.R. 2860)
[5JA]
------study of risk management fund accounts for farm owners and
operators (see H.R. 2905) [30JA]
Air pollution: regulations relative to beverage alcohol compounds
emitted from aging warehouses (see H.R. 3818) [16JY]
Alcoholic beverages: require Dept. of HHS reports on alcohol
advertising practices (see H.R. 3475) [16MY]
American Samoa: clarify rules of origin for textile and apparel
products (see H.R. 3761) [9JY]
Atlantic Striped Bass Conservation Act: reauthorize (see H.R.
4139) [24SE]
Aviation: preemployment review of prospective pilot records (see
H.R. 3536) [29MY]
------regulation of scheduled passenger air service at reliever
airports (see H.R. 3141) [21MR]
------requirements relative to families of passengers involved in
aircraft accidents (see H.R. 3923) [31JY]
------standards relative to foreign repair stations (see H.R.
3839) [17JY]
Big Cypress National Preserve: operation of certain tour
businesses in newly acquired areas (see H.R. 3620) [12JN]
Business operations: require employers to notify workers of
reductions (see H.R. 3369) [30AP]
Buy American Act: compliance relative to use of articles,
materials, and supplies abroad (see H.R. 4265) [27SE]
California: promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Canada: limit imports of wool apparel (see H.R. 4338) [1OC]
Capitol Building and Grounds: use of Grounds for Specialty
Equipment Market Association events (see H. Con. Res. 150)
[7MR]
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Children and youth: establish child retirement accounts (see H.R.
4253) [27SE]
------prohibit sale of personal information without parental
consent (see H.R. 3508) [22MY]
China, People's Republic of: prohibit importation of goods
produced, manufactured, or exported by the Army or any defense
industrial trading company (see H.R. 3684) [20JN]
Clean Air Act: provide regulatory relief and preserve jobs (see
H.R. 3446) [10MY]
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Collective bargaining: permit additional remedies in certain
unfair labor practice cases (see H.R. 3764) [9JY]
Computers: regulate use of personal information obtained by
interactive computer services (see H.R. 4113, 4299, 4326)
[18SE] [28SE]
------use, sale, and export of encryption products for privacy and
security (see H.R. 3011) [5MR]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
------use of inspectors that meet standards established by the
Dept. of Labor (see H.R. 3216) [29MR]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
[[Page 2975]]
Contracts: allow choice of arbitration as a means of settling
disputes (see H.R. 3422) [9MY]
------establish limitations on taxpayer-financed compensation for
defense contractors (see H.R. 3512) [22MY]
------minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
Corporate Independence Commission: establish (see H.R. 3351)
[30AP]
Corporations: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
Correctional institutions: use of Federal prison labor by
nonprofit entities (see H.R. 3776) [10JY]
Courts: product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
Credit: establish requirements relative to rent-to-own
transactions (see H.R. 3003) [5MR]
Crime: treatment of the production, sale, transportation, or
possession of fictitious financial instruments (see H.R. 2986)
[28FE]
Dept. of Agriculture: payment rate for barley (see H.R. 4002)
[2AU]
------provide diagnostic and certification services to reduce
diseases associated with salmonid family of fish (see H.R.
2908) [31JA]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Dept. of Defense: procurement of aircraft landing gear
manufactured and assembled in the U.S. (see H.R. 3171) [27MR]
------prohibit additional payments and revise certain reporting
requirements for restructuring costs under defense contracts
(see H.R. 3608) [10JN]
------prohibit payment under defense contracts of restructuring
costs for mergers or acquisitions (see H.R. 3433) [10MY]
------prohibit sale in commissary or exchange stores of imported
items not produced under minimum labor standards (see H.R.
3843) [17JY]
------revise reporting requirements of cost restructuring on
defense contracts (see H.R. 3444) [10MY]
------treatment of expenses for contractors who relocate due to
cessation of military activities at the Stratford Army Engine
Plant (see H.R. 4340) [3OC]
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3404, 3406) [7MY]
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
D&S International, Inc.: relief (see H.R. 3502) [21MY]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919, 3093) [31JA] [14MR]
Education: improve quality of technical education in manufacturing
and vocational technologies (see H.R. 3191) [28MR]
------recognize businesses that participate with schools to
enhance the teaching and use of technology (see H.R. 3921)
[30JY]
EEOC: provide funding and remedies for certain instances of sexual
harassment (see H.R. 3646) [13JN]
Electric power: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
Emergency Commission To End the Trade Deficit: establish (see H.R.
3987) [2AU]
Employment: determination of tip credits relative to State and
local government laws (see H.R. 4031) [5SE]
------disregard additional payments for calculation of overtime
compensation (see H.R. 3087) [14MR]
------establish a commission to study employment and economic
insecurity (see H.R. 3353) [30AP]
------extend time period for filing of trade adjustment assistance
petitions (see H.R. 3271) [18AP]
------pay equity and labor protection for contingent workers (see
H.R. 3657) [13JN]
------prohibit discrimination relative to participation in labor
organization activities (see H.R. 3763) [9JY]
------protect employer rights (see H.R. 3211) [29MR]
------provide adjustment assistance to workers displaced because
of any Federal program, project, or activity (see H.R. 4292)
[28SE]
------provide compensatory time for all employees (H.R. 2391),
consideration (see H. Res. 488) [24JY]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
------standards for airport security personnel (see H.R. 4205)
[26SE]
------treatment of temporary and part-time workers (see H.R. 3682)
[19JN]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
EPA: reestablish the Office of Noise Abatement and Control (see
H.R. 4308) [28SE]
Families and domestic relations: provide leave for employees
relative to adopted or foster children (see H.R. 3681) [19JN]
Family and Medical Leave Act: employer requirements (see H.R.
3296) [23AP]
------expand coverage and allow leave for parental involvement in
educational and extracurricular activities (see H.R. 3704)
[24JN]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
FCC: reform (see H.R. 3957) [2AU]
------require promotion of sharing of broadcasting tower
facilities (see H.R. 3945) [1AU]
------revise television station ownership rules relative to local
marketing agreements (see H.R. 3623) [12JN]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
Federal employees: establish demonstration project to assess
feasibility of temporary placement of displaced workers in
other Federal or private employment (see H.R. 3649) [13JN]
------prohibit use of credit cards (see H.R. 2968) [23FE]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Financial institutions: capitalize deposit insurance funds and
provide regulatory relief for insured depository institutions
and holding companies (see H.R. 3567) [4JN]
------guarantee deposits and certain liabilities and protect
against deposit insurance losses (see H.R. 4318) [28SE]
------increase competition in the financial services sector and
merge commercial bank and savings association charters (see
H.R. 4182) [25SE]
------offer negotiable order of withdrawal accounts to businesses
and allow interest payments on demand deposits (see H.R. 3993)
[2AU]
Firearms: ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Foreign countries: private sector development enterprise funds
(see H.R. 3116) [19MR]
Foreign trade: ensure competitiveness of textile and apparel
industry (see H.R. 3654) [13JN]
------extend authority for certain export assistance agencies (see
H.R. 3759, 4109) [9JY] [18SE]
------most-favored-nation status for certain nonmarket economy
countries (see H.R. 2926) [1FE]
------most-favored-nation status relative to Iran, Iraq, Libya,
and Syria (see H.R. 3890) [24JY]
------prevent use of child labor for soccer ball manufacturing
(see H.R. 4307) [28SE]
Fort Lewis, WA: land exchange with Weyerhaeuser Real Estate Co.
(see H.R. 2859) [5JA]
FTC: authorizing appropriations (see H.R. 3553) [30MY]
Gambling: grant jurisdiction to the States over activities
conducted on Native American lands (see H.R. 3289) [23AP]
Government: prohibit bundling of contract requirements in
procurement (see H.R. 3934) [31JY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
------reduce Federal subsidies and strengthen tax treatment of
individuals who renounce their citizenship (see H.R. 4122)
[19SE]
Government regulations: authorize judicial review of agency
certifications of the economic impact of regulations on small
entities (see H.R. 3048) [7MR]
------ensure congressional approval of compliance costs (see H.R.
3277) [18AP]
------require reasonable notice to businesses of changes made to
regulations imposed by Federal agencies (see H.R. 3307) [24AP]
Great Falls Historic District: establish (see H.R. 3911) [26JY]
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Health: application of antitrust laws to health care providers'
networks (see H.R. 2925, 3770) [1FE] [10JY]
------improve and expand clinical research programs (see H.R.
3587, 3904) [5JN] [25JY]
------liability of raw material and component suppliers to medical
device manufacturers (see H.R. 3468) [16MY]
------limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
------prohibit interference between health care providers and
their patients (see H.R. 2976) [27FE]
------protection of enrollees in managed care plans and health
maintenance organizations (see H.R. 4220) [26SE]
Helium: arrange for the recovery and disposal on Federal lands
(see H.R. 2906, 4168) [30JA] [25SE]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
House Rules: require witnesses at committee hearings to disclose
Federal grants or contracts received during current and
previous fiscal years (see H. Res. 486) [22JY]
Insurance: protect personal privacy rights of customers and
claimants (see H.R. 3930) [31JY]
Intellectual Property Assembly of the Americas: establish (see
H.R. 3808) [12JY]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Labor unions: ensure that employees paying mandatory dues may
object to the use of their dues for noncollective-bargaining
activities (see H.R. 3580) [5JN]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
Medicaid: reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
[[Page 2976]]
Medicare: expedite payment adjustments for durable medical
equipment (see H.R. 3225) [29MR]
Metric system: conversion requirements (see H.R. 4233) [27SE]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Minimum wage: level (see H.R. 3265, 3383, 3481) [17AP] [1MY]
[16MY]
Motor vehicles: establish national requirements for the titling
and registration of salvage of certain rebuilt vehicles (see
H.R. 2900) [25JA]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Pensions: prohibit certain transaction rules relative to 401(k)
pension plans (see H.R. 3688) [20JN]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Phi Beta Lambda (fraternal organization): tribute (see H. Con.
Res. 164) [18AP]
Poland: condemn construction of shopping center within
internationally protected zone around the Auschwitz death camp
(see H. Res. 398) [29MR]
Political campaigns: prohibit use of labor organization dues and
fees for political activities (see H.R. 3683) [19JN]
Postal Service: limit commercial nonpostal services (see H.R.
3690) [20JN]
------prohibit penalization for use of private express services
for certain letters and packets (see H.R. 3981) [2AU]
------reform (see H.R. 3717) [25JN]
------require photo identification for processing of change-of-
address orders (see H.R. 3629) [12JN]
Power resources: provide moratorium on retail wheeling of electric
energy relative to transboundary pollution (see H.R. 4316)
[28SE]
Prescription Drug Price Review Board: establish (see H.R. 3691)
[20JN]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
------recovery and disposal of helium (see H.R. 3008) [5MR]
Public utilities: provide for competition in electric power
industry (see H.R. 3782) [11JY]
------revision of the regulatory policies governing public utility
holding companies (see H.R. 3601) [6JN]
Railroads: improve rail transportation safety (see H.R. 3106,
3578) [18MR] [5JN]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
Safety: implement nonanimal acute toxicity testing for evaluation
of consumer products (see H.R. 3173) [27MR]
SBA: increase fees for participants in certain financial
assistance programs (see H.R. 3989) [2AU]
------participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
------reauthorize women's business training program (see H.R.
3990) [2AU]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
------establish safety requirements for barges carrying oil or
hazardous materials (see H.R. 3014) [5MR]
Ships and vessels: protect hull designs from unauthorized
duplication (see H.R. 4159) [24SE]
Small business: assist in development of microenterprises (see
H.R. 3846) [18JY]
------establish labor and tax provisions (see H.R. 4252) [27SE]
------extend the Small Business Technology Transfer Program (see
H.R. 3158) [25MR]
------improve certain programs (see H.R. 3719, 3720) [26JN]
------improve certain programs (H.R. 3719), consideration (see H.
Res. 516) [4SE]
------increase opportunities for veterans (see H.R. 4080) [17SE]
------provide development assistance to economically disadvantaged
individuals (see H.R. 3994) [2AU]
------provide legal redress for unfair trade practices (see H.R.
3967) [2AU]
------reform regulatory process (see H.R. 3798) [11JY]
------strengthen Federal contracting opportunities and assess
impact of contract bundling by Federal agencies (see H.R.
4313) [28SE]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Social Security: prohibit certain misuses of account numbers (see
H.R. 3598) [6JN]
Space policy: encourage the development of a commercial space
industry (see H.R. 3936) [1AU]
------licensing of commercial space reentry vehicles and reentry
sites (see H.R. 4239) [27SE]
Sports: prohibit agents from influencing college athletes (see
H.R. 3328) [25AP]
------regulations relative to relocation of professional teams
(see H.R. 3805) [12JY]
------use of instant replay for officiating in professional
sporting events (see H.R. 3096) [14MR]
Tariff: liquidation or reliquidation of certain entries (see H.R.
3823) [16JY]
Taxation: allow companies to donate scientific equipment to
schools (see H.R. 3498) [21MY]
------allow credit for cleanup of contaminated industrial sites
(see H.R. 2846, 4200) [4JA] [26SE]
------application of the alternative minimum tax to installment
sales of farm property (see H.R. 4072) [12SE]
------apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
------credit for business investments in economically distressed
areas (see H.R. 2847) [4JA]
------credits for employers for costs incurred to combat violence
against women (see H.R. 3584) [5JN]
------discourage relocation to foreign countries and encourage
creation of new jobs (see H.R. 3252) [16AP]
------exempt certain small businesses from use of electronic fund
transfer system for depository taxes (see H.R. 4251) [27SE]
------exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------increase child care credit and eliminate the exclusion of
certain income relative to foreign sales corporations (see
H.R. 3332) [25AP]
------increase contributions for defined pension plans (see H.R.
3965) [2AU]
------provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
------reduce certain benefits allowable to profitable, large
corporations that make workforce reductions (see H.R. 3333)
[25AP]
------refundable income credit to businesses which recycle office
wastes (see H.R. 3955) [2AU]
------repeal income tax, abolish the IRS, and institute a national
retail sales tax (see H.R. 3039) [6MR]
------repeal special limitations on tax-exempt bond issues (see
H.R. 2864) [23JA]
------replace individual and corporate income taxes, Social
Security, and Medicare taxes with a value-added tax (see H.R.
4050) [11SE]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of certain depreciable business assets (see H.R.
3124, 3329) [20MR] [25AP]
------treatment of computer software (see H.R. 4169) [25SE]
------treatment of corporations (see H.R. 3102) [14MR]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
------treatment of income relative to cash method of accounting
(see H.R. 3126) [20MR]
------treatment of individual training accounts (see H.R. 3157)
[22MR]
------treatment of interest on deficiencies attributable to
certain partnership items (see H.R. 4256) [27SE]
------treatment of investment tax credits (see H.R. 2983) [28FE]
------treatment of organizations that conduct certain games of
chance (see H.R. 4157) [24SE]
------treatment of production of alcohol for fuel use (see H.R.
3345) [25AP]
------treatment of research credits (see H.R. 2984) [28FE]
------treatment of tax free corporate liquidations and receipt of
debt-financed property in such a liquidation (see H.R. 4243)
[27SE]
------treatment of tips (see H.R. 3667) [18JN]
------treatment of unemployment tax relative to entertainment
industry (see H.R. 3677) [19JN]
------treatment of worker retraining expenditures (see H.R. 2998)
[29FE]
Technology: acquisition of domestically-developed technology by
U.S. companies (see H. Con. Res. 202) [25JY]
------competitiveness of the electronic inter-connections industry
(see H. Res. 537) [25SE]
Telecommunications: continued operation of certain overlapping
stations (see H.R. 3073) [12MR]
------protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
------reform policies regulating competition (S. 652),
consideration of conference report (see H. Res. 353) [31JA]
Telephones: impose fees for the allocation of toll-free phone
numbers (see H. Con. Res. 175) [10MY]
Television: regulation of network signals on satellite carriers
(see H.R. 3192) [28MR]
------reservation of time for family-oriented programming (see H.
Res. 484) [18JY]
Textile industry and fabrics: authorize substitution for drawback
purposes of certain fibers and yarns used in carpet and rug
manufacturing (see H.R. 3380) [1MY]
Thrift Charter Merger Commission: establish (see H.R. 3407) [7MY]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
Trucking industry: limit the applicability of hazardous material
transportation registration and fee requirements relative to
the transport of crude oil and condensate (see H.R. 3188)
[28MR]
Truth in Lending Act: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
U.S. Trade Administration: establish (see H.R. 4328) [28SE]
Unemployment: emergency compensation (see H.R. 4263) [27SE]
Veterans: eligibility for training and rehabilitation assistance
and transfer of certain educational assistance authority (see
H.R. 3674) [19JN]
------strengthen veterans' preference and increase employment
opportunities (see H.R. 3586, 3938) [5JN] [1AU]
Water: adjust the maximum hour exemption for water delivery
company employees (see H.R. 3326) [25AP]
------labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
Women: assist the development of small business concerns owned and
controlled by women (see H.R. 4071) [12SE]
------comprehensive pension protection (see H.R. 4204) [26SE]
------ensure economic equity (see H.R. 3857) [18JY]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
[[Page 2977]]
------treatment of pensions relative to spouses and former spouses
(see H.R. 3510, 3511) [22MY]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
Conference reports
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Small Business Job Protection Act (H.R. 3448) [1AU]
Telecommunications Act (S. 652) [31JA]
Messages
Family Friendly Workplace Act: President Clinton [27SE]
Federal Labor Relations Authority Report: President Clinton [27SE]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
National Emergency Relative to Lapse of the Export Administration
Act: President Clinton [4JN]
Small Business and Competition: President Clinton [5JN]
Telecommunications Services Relative to Cuba: President Clinton
[23SE]
Veto of H.R. 743, Teamwork for Employees and Managers Act:
President Clinton [30JY]
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Reports filed
Airline Pilot Hiring and Safety Act: Committee on Transportation
(House) (H.R. 3536) (H. Rept. 104-684) [17JY]
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Bankruptcy Judge Appointments: Committee on the Judiciary (House)
(H.R. 2604) (H. Rept. 104-569) [9MY]
Commercial Space Industry Development: Committee on Science
(House) (H.R. 3936) (H. Rept. 104-801) [17SE]
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Consideration of H.R. 2391, Working Families Flexibility Act:
Committee on Rules (House) (H. Res. 488) (H. Rept. 104-704)
[24JY]
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3719, Small Business Programs Improvements:
Committee on Rules (House) (H. Res. 516) (H. Rept. 104-773)
[4SE]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance: Committee on Commerce (House) (H.R. 447) (H. Rept.
104-753) [2AU]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Export Controls Authority: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [5JN]
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Financial Institutions Regulatory Process and Paperwork
Requirements Reform: Committee on Banking and Financial
Services (House) (H.R. 1858) (H. Rept. 104-103) [18JN]
Foreign Trade Export Controls: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [27JN]
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
Microenterprise Act: Committee on International Relations (House)
(H.R. 3846) (H. Rept. 104-715) [29JY]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Economic and Educational
Opportunities (House) (H.R. 995) (H. Rept. 104-498) [25MR]
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Prohibit Interference Between Health Care Providers and Their
Patients: Committee of Conference (H.R. 2976) (H. Rept. 104-
865) [28SE]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
Provide Compensatory Time for All Employees: Committee on Economic
and Educational Opportunities (House) (H.R. 2391) (H. Rept.
104-670) [11JY]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Small Business Programs Improvements: Committee on Small Business
(House) (H.R. 3719) (H. Rept. 104-750) [2AU]
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
Strengthen Veterans' Preference and Increase Employment
Opportunities: Committee on Government Reform and Oversight
(House) (H.R. 3586) (H. Rept. 104-675) [12JY]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
U.S. National Tourism Organization Act: Committee on Commerce
(House) (H.R. 2579) (H. Rept. 104-839) [25SE]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
BUY AMERICAN ACT
Bills and resolutions
Contracts: compliance relative to use of articles, materials, and
supplies abroad (see H.R. 4265) [27SE]
BUYER, STEPHEN E. (a Representative from Indiana)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
Bills and resolutions introduced by
Dept. of Veterans Affairs: compliance with veterans' preference
requirements (see H.R. 3594) [6JN]
------extend enhanced loan asset sale authority (see H.R. 3459)
[15MY]
FAA: compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
Hazardous substances: regulation of not-for-hire transportation of
agriculture production materials (see H.R. 3799) [12JY]
Homeless: reintegration assistance for veterans (see H.R. 3611)
[11JN]
CAGNEY, JAMES
Bills and resolutions
Congressional Gold Medal: award (see H.R. 3765) [9JY]
CALIFORNIA
Appointments
Conferees: H.R. 1296, Presidio facilities management [9MY]
Bills and resolutions
Agua Caliente Band of Cahuilla Indians: distribution of certain
revenues from the Mineral Springs parcel (see H.R. 3804)
[12JY]
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Conservation of natural resources: pilot project in the Plumas,
Lassen, and Tahoe National Forests to demonstrate resource
management activity effectiveness (see H.R. 4082) [17SE]
Corps of Engineers: construction of flood control project on the
Sacramento and American Rivers, CA (see H.R. 3270) [18AP]
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Dos Palos, CA: conveyance of certain lands to the Dos Palos Ag
Boosters (see H.R. 4041) [10SE]
Economy: promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
Medicare: extend period of applicability of enrollment mix
requirement for HMOs to Watts Health Foundation (see H.R.
2923) [31JA]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial, San Francisco, CA (see H.R. 4066) [12SE]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments in California
(see H.R. 4242) [27SE]
Native Americans: transfer of public lands to certain Indian
tribes (see H.R. 3642) [13JN]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Presidio: management of facilities (see H.R. 4236) [27SE]
------management of facilities (H.R. 1296), consideration of
conference report (see H. Res. 536) [25SE]
Public lands: exchange of certain Federal lands (see H.R. 3146,
3147) [21MR]
Real estate: conveyance of certain property (see H.R. 3083) [14MR]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
[[Page 2978]]
San Diego County, CA: provide loan guarantee to Olivenhain Water
Storage Project (see H.R. 3851) [18JY]
Santa Cruz Island, CA: acquire certain lands (see H.R. 4059)
[11SE]
Sequoia National Forest: preservation of Giant Sequoia ecosystem
and increase recreational opportunities (see H.R. 3873) [23JY]
Sequoia National Park: renewal of cabin permits to heirs in
Mineral King Addition (see H.R. 3534) [23MY]
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
Stanislaus County, CA: conveyance of certain lands (see H.R. 4088)
[17SE]
Torres-Martinez Desert Cahuilla Indians: settlement of issues and
claims relative to trust lands (see H.R. 3640) [13JN]
Water: enhance quality and supply (see H.R. 4048) [11SE]
Conference reports
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Motions
Presidio: management of facilities (H.R. 4236) [28SE]
Reports filed
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition: Committee on Resources (House) (H.R. 3534) (H.
Rept. 104-866) [3OC]
California Exchange of Certain Federal Lands: Committee on
Resources (House) (H.R. 3147) (H. Rept. 104-760) [4SE]
California Land Conveyance to the Del Norte County Unified School
District: Committee on Resources (House) (H.R. 2709) (H. Rept.
104-763) [4SE]
California Land Conveyance to the Hoopa Valley Tribe: Committee on
Resources (House) (H.R. 2710) (H. Rept. 104-762) [4SE]
California Land Transfer to Certain Indian Tribes: Committee on
Resources (House) (H.R. 3642) (H. Rept. 104-767) [4SE]
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Lake Tahoe Basin National Forest Designation: Committee on
Resources (House) (H.R. 2122) (H. Rept. 104-772) [4SE]
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
Settlement of Issues and Claims Relative to Trust Lands of the
Torres-Martinez Desert Cahuilla Indians: Committee on
Resources (House) (H.R. 3640) (H. Rept. 104-777) [5SE]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
CALLAHAN, SONNY (a Representative from Alabama)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 3540) [29MY]
Top Gun (vessel): certificate of documentation (see H.R. 3370)
[30AP]
Reports filed
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
CALVERT, KEN (a Representative from California)
Bills and resolutions introduced by
Government: transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
National cemeteries: penalties for theft and malicious vandalism
(see H.R. 3901) [25JY]
National Geologic Mapping Act: reauthorize and amend (see H.R.
3198) [29MR]
CAMBODIA, STATE OF
Bills and resolutions
Foreign policy: human rights situation (see H. Res. 345) [25JA]
CAMDEN, AR
Bills and resolutions
Honorable David H. Pryor Post Office Building: designate (see H.R.
3877) [23JY]
CAMP, DAVE (a Representative from Michigan)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions introduced by
Medicare/Medicaid: prohibit funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 3123) [20MR]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
Taxation: permit States to make advanced earned income credit
payments (see H.R. 4197) [26SE]
CAMPAIGN FINANCE REFORM ACT
Bills and resolutions
Enact (see H.R. 3820) [16JY]
Motions
Enact (H.R. 3820) [25JY]
CAMPBELL, J. PHIL, SR.
Bills and resolutions
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: designate (see H.R. 3387) [1MY]
Reports filed
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
CAMPBELL, TOM (a Representative from California)
Bills and resolutions introduced by
Budget: sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Electoral College: constitutional amendment to abolish (see H.J.
Res. 180) [12JN]
FRS: clarify authority of Board of Governors relative to bank
holding company applications (see H.R. 3210) [29MR]
Government regulations: term limits on regulatory agency members
(see H.R. 3423) [9MY]
Health: application of antitrust laws to health care providers'
networks (see H.R. 3770) [10JY]
President and Vice President: constitutional amendment on direct
popular election (see H.J. Res. 180) [12JN]
Public buildings: make certain Federal facilities available to
organizations for use as temporary homeless shelters (see H.R.
3496) [21MY]
Tariff: fresh cut Colombian flowers (see H. Res. 452) [12JN]
Taxation: require use of dynamic economic modeling in the
preparation of estimates of proposed changes in Federal
revenue law (see H. Con. Res. 170) [2MY]
CANADA
Appointments
Canada-U.S. Interparliamentary Group [27MR] [8MY]
Bills and resolutions
Foreign countries: border-crossing fees for vehicles or
pedestrians entering the U.S. from Canada or Mexico (see H.
Con. Res. 152) [14MR]
Foreign trade: limit imports of wool apparel (see H.R. 4338) [1OC]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
Immigration: reassess Canadian boater landing permit requirements
(see H.R. 4165) [25SE]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
CANADA-U.S. INTERPARLIAMENTARY GROUP
Appointments
Members [27MR] [8MY]
CANADY, CHARLES T. (a Representative from Florida)
Bills and resolutions introduced by
Animals: ensure that all dogs and cats used by research facilities
are obtained legally (see H.R. 3398) [7MY]
Census: collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Commission on Civil Rights: reauthorize (see H.R. 3874) [23JY]
Crime: identify violent and hard-core juvenile offenders and treat
them as adults (see H.R. 3494) [20MY]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Government: reform disclosure of lobbying activities to influence
the Federal Government (S. 1060), technical corrections (see
H.R. 3435) [10MY]
Maralinda (vessel): certificate of documentation (see H.R. 3915)
[30JY]
Medicare: eliminate time limitation on benefits for immunity
suppressing drugs (see H.R. 3138) [21MR]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
Motions offered by
Abortion: prohibit partial-birth abortions (H.R. 1833), Senate
amendments [27MR]
------prohibit partial-birth abortions (H.R. 1833), veto [19SE]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
Employees: allow members of employee associations to represent
their views before the Government (H.R. 782) [1AU]
Reports filed
Commission on Civil Rights Reauthorization: Committee on the
Judiciary (House) (H.R. 3874) (H. Rept. 104-846) [26SE]
Defense of Marriage Act: Committee on the Judiciary (House) (H.R.
3396) (H. Rept. 104-664) [9JY]
Eliminate Bilingual Voting Requirements: Committee on the
Judiciary (House) (H.R. 351) (H. Rept. 104-728) [31JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
CAPITAL PUNISHMENT
related term(s) Courts
Bills and resolutions
Crime: death penalty sentencing for certain importations of
significant quantities of controlled substances (see H.R.
4170) [25SE]
Families and domestic relations: attendance by families of victims
at the execution of the murderers (see H.R. 3220) [29MR]
CAPITOL BUILDING AND GROUNDS
Bills and resolutions
Congressional Family Picnic: authorizing use of Grounds (see H.
Con. Res. 198) [11JY]
Greater Washington Soap Box Derby: authorizing use of Grounds (see
H. Con. Res. 153) [22MR]
[[Page 2979]]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 432, 433, 439, 457) [10MY] [14MY] [16MY] [20JN]
Monuments and memorials: recognize contributions of all American
citizens in the National Statuary Hall (see H. Con. Res. 158)
[29MR]
------restoration of statue honoring women's suffrage and
relocation to the rotunda (see H. Con. Res. 216) [24SE]
National Peace Officers' Memorial Service: authorizing use of
Grounds (see H. Con. Res. 147) [5MR]
Special Olympics: authorizing use of Grounds for torch relay (see
H. Con. Res. 146) [5MR]
Specialty Equipment Market Association: use of Grounds for events
(see H. Con. Res. 150) [7MR]
Summer Olympics: authorizing use of Grounds for torch relay (see
H. Con. Res. 172) [7MY]
Washington for Jesus 1996 prayer rally: authorizing use of Grounds
(see H. Con. Res. 161, 166) [15AP] [18AP]
Reports filed
Use of Capitol Grounds for Greater Washington Soap Box Derby:
Committee on Transportation and Infrastructure (House) (H.
Con. Res. 153) (H. Rept. 104-589) [21MY]
Use of Capitol Grounds for National Peace Officers' Memorial
Service: Committee on Transportation and Infrastructure
(House) (H. Con. Res. 147) (H. Rept. 104-488) [20MR]
Use of Capitol Grounds for Special Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
146) (H. Rept. 104-487) [20MR]
Use of Capitol Grounds for Summer Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
172) (H. Rept. 104-608) [6JN]
CAPITOL PAGES
see Congress
CAPITOL POLICE
see Congress
CARACAPPA, ROSE Y.
Bills and resolutions
Rose Y. Caracappa U.S. Post Office Building, Centereach, NY:
designate (see H.R. 3139) [21MR]
CARDIN, BENJAMIN L. (a Representative from Maryland)
Bills and resolutions introduced by
House of Representatives: prohibit recess or adjournment during
periods of lapsed appropriations (see H. Res. 332) [4JA]
Medicare: hospice care reform (see H.R. 3714) [25JN]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
CARGO TRANSPORTATION
related term(s) Aviation; Merchant Marine Industry; Railroads; Shipping
Industry; Transportation; Trucking Industry
Bills and resolutions
Corps of Engineers: authorize capital improvements for the
Washington Aqueduct (see H.R. 2917) [31JA]
Dept. of Defense: prohibit use of certain shipping cost
differentials relative to Merchant Marine Act (see H.R. 4343)
[3OC]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
Motor vehicles: remove limitations on maximum driving and on-duty
time of utility vehicle operators and drivers (see H.R. 3480,
3492) [16MY]
Queens County, NY: declare certain areas as nonnavigable waters
(see H.R. 2987) [28FE]
Railroads: improve rail transportation safety (see H.R. 3578)
[5JN]
Roads and highways: increase truck weight limit on sections of
Maine Turnpike (see H.R. 3549) [29MY]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
Reports filed
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
CARIBBEAN BASIN ECONOMIC RECOVERY ACT
Messages
Report: President Clinton [2OC]
CARJACKING CORRECTION ACT
Reports filed
Provisions: Committee on the Judiciary (House) (H.R. 3676) (H.
Rept. 104-787) [16SE]
CASTLE, MICHAEL N. (a Representative from Delaware)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Coins: establish circulating commemorative coin program
commemorating each State (see H.R. 3793) [11JY]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
House of Representatives: establish disclosure requirements
relative to franked mail (see H.R. 3772) [10JY]
------official mail allowance (see H.R. 3771) [10JY]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
------reduce number of pieces of mail constituting a mass mailing
(see H.R. 3774) [10JY]
Magic Moments (vessel): certificate of documentation (see H.R.
3082) [13MR]
Television: broadcast of violent programming (see H. Res. 541)
[26SE]
CEMETERIES AND FUNERALS
Bills and resolutions
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
National cemeteries: clarify eligibility of certain minors for
burial (see H.R. 2850) [4JA]
------penalties for theft and malicious vandalism (see H.R. 3901)
[25JY]
CENSUS
Bills and resolutions
Dept. of Agriculture: conduct census of agriculture (see H.R.
3665) [18JN]
Population: accuracy of decennial census (see H.R. 3558) [30MY]
------collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Reports filed
Conduct Census of Agriculture: Committee on Agriculture (House)
(H.R. 3665) (H. Rept. 104-653) [27JN]
Sampling and Statistical Adjustment in the Decennial Census--
Fundemental Flaws: Committee on Government Reform and
Oversight (House) (H. Rept. 104-821) [24SE]
CENSUS BUREAU
see Bureau of the Census
CENTEREACH, NY
Bills and resolutions
Rose Y. Caracappa U.S. Post Office Building: designate (see H.R.
3139) [21MR]
CENTERS FOR DISEASE CONTROL
Bills and resolutions
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
CENTRAL INTELLIGENCE AGENCY
Appointments
Conferees: H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions
Drugs: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
Intelligence services: authorizing appropriations (see H.R. 3259)
[17AP]
------authorizing appropriations (H.R. 3259), consideration (see
H. Res. 437) [16MY]
------authorizing appropriations (H.R. 3259), consideration of
conference report (see H. Res. 529) [24SE]
------reorganize and reform management of intelligence community
(see H.R. 3237) [15AP]
Conference reports
Intelligence Services Appropriations (H.R. 3259) [24SE]
Reports filed
Consideration of Conference Report on H.R. 3259, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
529) (H. Rept. 104-830) [24SE]
Consideration of H.R. 3259, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 437) (H. Rept. 104-581)
[16MY]
Intelligence Community Reorganization and Reform: Committee on
National Security (House) (H.R. 3237) (H. Rept. 104-620)
[23JY]
Intelligence Services Appropriations: Committee of Conference
(H.R. 3259) (H. Rept. 104-832) [24SE]
CHABOT, STEVE (a Representative from Ohio)
Bills and resolutions introduced by
Diseases: research programs for lymphangioleiomyomatosis disease
(see H.R. 3715) [25JN]
CHAMBERLAIN, JOSHUA LAWRENCE
Bills and resolutions
General Joshua Lawrence Chamberlain Post Office, Brewer, ME:
designate (see H.R. 4195) [26SE]
CHAMBLISS, SAXBY (a Representative from Georgia)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
William Augustus Bootle Federal Building and U.S. Courthouse,
Macon, GA: designate (see H.R. 4119) [19SE]
CHAPMAN, JIM (a Representative from Texas)
Appointments
Conferee: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions introduced by
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
CHARITIES
related term(s) Nonprofit Organizations; Tax-Exempt Organizations
Bills and resolutions
Corporations: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Taxation: treatment of charitable contributions (see H.R. 4238)
[27SE]
------treatment of educational grants by private foundations (see
H.R. 3737) [27JN]
Reports filed
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
CHELAN COUNTY, WA
Bills and resolutions
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Reports filed
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518, 3581) (H. Rept.
104-764) [4SE]
[[Page 2980]]
CHEMICAL WEAPONS
related term(s) Weapons
Bills and resolutions
China, People's Republic of: U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
Dept. of Defense: alternatives to demilitarization of munitions
under the baseline incinerator program (see H.R. 3767) [10JY]
Iraq: anniversary of gas bomb attack against Kurds (see H. Res.
379) [12MR]
Persian Gulf Conflict: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
Messages
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons: President Clinton [14MY]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
CHEMICALS
Bills and resolutions
Chemical weapons: alternatives to demilitarization of munitions
under the baseline incinerator program (see H.R. 3767) [10JY]
Diseases: establish estrogenic substance screening programs (see
H.R. 3293) [23AP]
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------prevent manufacturing and use of methamphetamine (see H.R.
3852, 3908) [18JY] [26JY]
EPA: revise water quality criteria for ammonia (see H.R. 4107)
[18SE]
Government regulations: regulatory requirements relative to child
safety (see H.R. 4234) [27SE]
Hazardous substances: clarify listing of unique chemical
substances (see H.R. 3849) [18JY]
Pesticides: reform antimicrobial pesticide registration (see H.R.
3338) [25AP]
Tariff: chemicals (see H.R. 4184) [25SE]
------DEMT (see H.R. 4057) [11SE]
------HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
------para ethyl phenol (see H.R. 3728) [26JN]
------2,2-dichlorophenylacetic acid ethyl ester (DCPAE) (see H.R.
3025) [6MR]
Taxation: suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
Veterans: presumption of service connection for certain diseases
and disabilities relative to exposure to carbon tetrachloride
(see H.R. 2891) [25JA]
CHENOWETH, HELEN (a Representative from Idaho)
Bills and resolutions introduced by
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Monuments and memorials: prohibit extension or establishment of
any national monument in Idaho without public participation
and an express act of Congress (see H.R. 4120) [19SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147) [24SE]
CHICAGO, IL
Bills and resolutions
Calumet Ecological Park: feasibility study (see H.R. 3412) [8MY]
Roger P. McAuliffe Post Office: designate (see H.R. 3834) [17JY]
CHICKALOON-MOOSE CREEK NATIVE ASSOCIATION, INC.
Reports filed
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
CHILD PILOT SAFETY ACT
Bills and resolutions
Enact (see H.R. 3267) [18AP]
Reports filed
Provisions: Committee on Transportation (House) (H.R. 3267) (H.
Rept. 104-683) [17JY]
CHILDREN AND YOUTH
Bills and resolutions
Alcoholic beverages: establish advertising requirements (see H.R.
3473) [16MY]
------require Dept. of HHS reports on alcohol advertising
practices (see H.R. 3475) [16MY]
------require health warnings on advertisements (see H.R. 3474)
[16MY]
Aviation: prohibit certain individuals from piloting aircraft
relative to aeronautical records, competitions, or feats (see
H.R. 3267) [18AP]
Business and industry: provide leave for employees relative to
adopted or foster children (see H.R. 3681) [19JN]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
Capitol Building and Grounds: authorizing use of Grounds for
Congressional Family Picnic (see H. Con. Res. 198) [11JY]
------authorizing use of Grounds for Greater Washington Soap Box
Derby (see H. Con. Res. 153) [22MR]
Chemicals: regulatory requirements relative to child safety (see
H.R. 4234) [27SE]
Child retirement accounts: establish (see H.R. 4253) [27SE]
Citizenship: status of children born in U.S. to parents who are
not citizens or permanent resident aliens (see H.J. Res. 190)
[5SE]
Colleges and universities: protect speech and association rights
of students (see H.R. 4207) [26SE]
------provide incentives to develop alcohol abuse prevention
programs (see H.R. 3476) [16MY]
Computers: provide parental control of child access to online
services (see H.R. 3089) [14MR]
------restrict transmission of obscene or indecent material to
minors by computer (see H.R. 3606) [10JN]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Courts: require initial intake screenings and the use of youth
development specialists in Federal juvenile proceedings (see
H.R. 4055) [11SE]
Crime: identify violent and hard-core juvenile offenders and treat
them as adults (see H.R. 3494) [20MY]
------increase penalties relative to crimes against senior
citizens and children (see H.R. 2974) [27FE]
------increase penalties relative to crimes against senior
citizens and children (H.R. 2974), consideration (see H. Res.
421) [2MY]
------nationwide tracking of convicted sexual predators (see H.R.
3456) [14MY]
------penalties for certain sex offenses against children (see
H.R. 3180) [28MR]
------penalties relative to endangerment of children in hostage
situations (see H.R. 4121) [19SE]
------prohibit certain false statements, soliciting, or receipt of
compensation relative to adoptions (see H.R. 3983) [2AU]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565, 3698) [4JN] [20JN]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------sexual exploitation of children (see H.R. 4097) [17SE]
------use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Dept. of Defense: technical corrections relative to certain
educational assistance authority (see H.R. 4282) [28SE]
Dept. of Veterans Affairs: improve benefits for veterans exposed
to ionizing radiation (see H.R. 4173) [25SE]
Diseases: pediatric and adolescent AIDS (see H. Con. Res. 184)
[12JN]
Education: authorize awarding of Presidential Honors Scholarships
to certain graduating secondary school students (see H.R.
4259) [27SE]
------deny funds to education programs that allow corporal
punishment (see H.R. 2918) [31JA]
------develop elementary and secondary school curriculum standards
(see H.R. 3257) [16AP]
------development of curriculum designed to educate students about
the Irish famine (see H. Con. Res. 226) [27SE]
------establish Role Models Academy for at-risk youths (see H.R.
4161) [24SE]
------Impact Aid Program reform (see H.R. 2886) [25JA]
------parental access to children's curriculum and records (see
H.R. 3324, 3947) [25AP] [1AU]
------participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
------promote science and technology (see H.R. 3709) [25JN]
------provide financial aid grants for certain colleges and
technical schools (see H.R. 3919) [30JY]
------restore equal educational opportunity (see H.R. 4304) [28SE]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
------tuition prepayment plans that guarantee a college education
at a fixed price (see H. Res. 506) [1AU]
Families and domestic relations: child support enforcement (see
H.R. 3362, 3453, 3465, 3529, 4341) [30AP] [14MY] [15MY] [23MY]
[3OC]
------consolidate and expand Federal child care programs (see H.R.
3860) [18JY]
------enhance work opportunities for families, reduce teenage
pregnancies, reduce welfare dependence, and control welfare
spending (see H.R. 3266) [17AP]
------payment of settlements to individuals relative to child
support and alimony obligations (see H.R. 3895) [25JY]
------promote adoption of minority children (see H.R. 3286) [23AP]
------promote adoption of minority children (H.R. 3286),
consideration (see H. Res. 428) [7MY]
------reduction of teenage pregnancy rates through evaluation of
prevention programs (see H.R. 3940) [1AU]
Family and Medical Leave Act: employer requirements (see H.R.
3296) [23AP]
------expand coverage and allow leave for parental involvement in
educational and extracurricular activities (see H.R. 3704)
[24JN]
Federal aid programs: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
------improve program of block grants to States for temporary
assistance to needy families (see H.R. 4324) [28SE]
Federal employees: treatment of survivor annuities for children
relative to marriage (see H.R. 2858) [5JA]
Firearms: prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
Foreign aid: deny to countries refusing to enforce labor laws (see
H.R. 3294) [23AP]
Foreign trade: impose certain sanctions on countries that use
child labor (see H.R. 3812, 4037) [12JY] [5SE]
------prevent use of child labor for soccer ball manufacturing
(see H.R. 4307) [28SE]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Health: improve and expand programs relative to pregnancy (see
H.R. 4217) [26SE]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101, 3226, 3425, 3436) [14MR] [29MR] [9MY] [10MY]
------require health plans to provide coverage of children (see
H.R. 4110, 4300) [18SE] [28SE]
House of Representatives: proclaim as greatest U.S. asset (see H.
Res. 434) [14MY]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
Information services: prohibit sale of personal information
without parental consent (see H.R. 3508) [22MY]
[[Page 2981]]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
Job Corps: ensure a drug-free, safe, and cost effective program
(see H.R. 3169) [27MR]
Juvenile Justice and Delinquency Prevention Act: authorizing
appropriations (see H.R. 3876) [23JY]
Law enforcement officers: establish a national resource center and
clearinghouse relative to missing or exploited children (see
H.R. 3238) [15AP]
------provide educational assistance to dependents of Federal
officials killed or disabled in the line of duty (see H.R.
4111) [18SE]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Medicare/Medicaid: provide orientation and medical profiles for
enrollees and require health plans to assure child
immunizations (see H.R. 4160) [24SE]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
Native Americans: exempt certain adoption and child custody
proceedings from coverage under the Indian Child Welfare Act
(see H.R. 3275) [18AP]
------exempt voluntary child custody proceedings from coverage
(see H.R. 3156) [22MR]
------regulations relative to certain adoption and child custody
proceedings (see H.R. 3828) [16JY]
NetDay96: tribute (see H. Res. 521) [12SE]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Pornography: amend laws relative to child pornography (see H.R.
4123, 4331) [19SE] [30SE]
Postal Service: require envelopes and warning labels for mail
depicting violent or sexually-explicit acts (see H.R. 3097)
[14MR]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
------treatment of legal immigrants (see H.R. 4122) [19SE]
Schools: maximize use of available technology (see H.R. 4180)
[25SE]
Social Security: determination of average annual earnings relative
to child care or home health care (see H.R. 3357) [30AP]
------placement of children with adult relatives who meet State
child protection standards (see H.R. 3650) [13JN]
Sports: convene national summit to promote good citizenship (see
H. Con. Res. 199) [24JY]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
------establish registration, tracking, and community notification
procedures relative to convicted sex offenders (see H. Con.
Res. 196) [10JY]
------improve adoption process (see H.R. 4255) [27SE]
------reimburse for costs of educating certain illegal alien
students (see H.R. 4062, 4303) [12SE] [28SE]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Taxation: allow small businesses credit for family and medical
leave and for wages of employees who work at home to reduce
child care needs (see H.R. 3836) [17JY]
------child tax credits and deductions for taxpayers with whom a
parent or grandparent resides (see H.R. 3984) [2AU]
------dependent care tax credit (see H.R. 4154) [24SE]
------treatment of adoption expenses (see H.R. 3286) [23AP]
------treatment of adoption expenses (H.R. 3286), consideration
(see H. Res. 428) [7MY]
------treatment of families and children (see H.R. 3943) [1AU]
------treatment of tuition and related expenses relative to
nonpublic elementary and secondary education (see H.R. 4222)
[26SE]
Television: broadcast of violent programming (see H. Res. 541)
[26SE]
------establish toll-free number for comments relative to the
broadcasting of violent programming (see H.R. 2964) [9FE]
------reservation of time for family-oriented programming (see H.
Res. 484) [18JY]
Tobacco products: limit access to minors (see H.R. 3954, 4245)
[2AU] [27SE]
------restrict advertising and promotion (see H.R. 3821) [16JY]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
Messages
Family Friendly Workplace Act: President Clinton [27SE]
National Drug Control Strategy: President Clinton [29AP]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Child Pilot Safety Act: Committee on Transportation (House) (H.R.
3267) (H. Rept. 104-683) [17JY]
Consideration of H.R. 2974, Crimes Against Children and Elderly
Persons Increased Punishment Act: Committee on Rules (House)
(H. Res. 421) (H. Rept. 104-552) [2MY]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Crimes Against Children and Elderly Persons Increased Punishment
Act: Committee on the Judiciary (House) (H.R. 2974) (H. Rept.
104-548) [1MY]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Juvenile Justice and Delinquency Prevention Act Appropriations:
Committee on Economic and Educational Opportunities (House)
(H.R. 3876) (H. Rept. 104-783) [12SE]
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
Use of Capitol Grounds for Greater Washington Soap Box Derby:
Committee on Transportation and Infrastructure (House) (H.
Con. Res. 153) (H. Rept. 104-589) [21MY]
CHINA, PEOPLE'S REPUBLIC OF
Bills and resolutions
China, Republic of: democracy efforts (see H. Con. Res. 138, 140)
[31JA]
------membership in World Trade Organization relative to the
admission of the People's Republic of China (see H. Res. 490)
[26JY]
------tribute on the occasion of first Presidential election (see
H. Con. Res. 154) [26MR]
------U.S. policy on regional stability and defense (see H. Con.
Res. 148) [7MR]
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
------oppose assistance by international financial institutions
(see H.R. 3577) [4JN]
Foreign trade: increased tariffs relative to intellectual property
rights (see H.R. 3421) [8MY]
------membership in World Trade Organization relative to
protection of intellectual property rights (see H. Res. 429)
[9MY]
------most-favored-nation status (see H.J. Res. 181, 182) [12JN]
[13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------prohibit importation of goods produced, manufactured, or
exported by the Army or any defense industrial trading company
(see H.R. 3684) [20JN]
Tibet: human rights situation (see H. Res. 347) [25JA]
U.S. policy (see H. Res. 461) [25JN]
U.S. policy (H. Res. 461), consideration (see H. Res. 463) [25JN]
World Trade Organization: U.S. policy relative to membership (see
H.R. 4065) [12SE]
Messages
CHINASAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
COSAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Globalstar Satellite Project Restrictions Waiver on Export of
U.S.-Origin Satellites to the People's Republic of China:
President Clinton [10JY]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
MABUHAY Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
CHINA, REPUBLIC OF
Bills and resolutions
China, People's Republic of: most-favored-nation status relative
to the admission of the Republic of China to the World Trade
Organization (see H.R. 3569) [4JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
China, Republic of: tribute on the occasion of first Presidential
election (see H. Con. Res. 154) [26MR]
Democracy: efforts (see H. Con. Res. 138, 140) [31JA]
Elections: tribute on the occasion of first Presidential election
(see H. Con. Res. 154) [26MR]
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
------U.S. policy on regional stability and defense (see H. Con.
Res. 148) [7MR]
World Trade Organization: membership relative to the admission of
the People's Republic of China (see H. Res. 490) [26JY]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
CHRISTENSEN, JON (a Representative from Nebraska)
Bills and resolutions introduced by
Crime: increase penalties for armed violent criminals (see H.R.
3085) [14MR]
------treatment of Federal prisoners (see H.R. 3206) [29MR]
Members of Congress: eliminate automatic salary adjustments (see
H.R. 3956) [2AU]
Roman L. Hruska U.S. Courthouse, Omaha, NE: designate (see H.R.
3400) [7MY]
CHRYSLER, DICK (a Representative from Michigan)
Bills and resolutions introduced by
Capitol Building and Grounds: use of Grounds for Specialty
Equipment Market Association events (see H. Con. Res. 150)
[7MR]
[[Page 2982]]
Crime: increase penalties relative to crimes against senior
citizens and children (see H.R. 2974) [27FE]
Foreign trade: substitute the term ``standard trade relations'' in
lieu of ``nondiscriminatory treatment'' and ``most-favored-
nation treatment'' (see H.R. 3622) [12JN]
CHURCHES AND SYNAGOGUES
related term(s) Religion
Bills and resolutions
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------condemn acts of arson against churches and enhance law
enforcement and prosecution of arsonists (see H. Con. Res.
183, 186, 187) [11JN] [13JN]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 184) [16JY]
Insurance: prohibit insurers from canceling or refusing to renew
fire insurance policies (see H.R. 3830) [17JY]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Taxation: clarify restrictions on the lobbying and campaign
activities of churches (see H.R. 2910) [31JA]
Westchester County, NY: condemn anti-semitic vandalism (see H.
Con. Res. 231) [28SE]
Reports filed
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
CIGARETTES
see Tobacco Products
CINCINNATI, OH
Bills and resolutions
National Park Service: coordinate programs and enter into
cooperative agreements with the National Underground Railroad
Freedom Center (see H.R. 4073) [12SE]
CITIES
see Urban Areas
CITIZENSHIP
Bills and resolutions
American Samoa: require U.S. nationals accepted in ROTC programs
to apply for citizenship (see H.R. 3327) [25AP]
Business and industry: reduce Federal subsidies and strengthen tax
treatment of individuals who renounce their citizenship (see
H.R. 4122) [19SE]
Capitol Building and Grounds: recognize contributions of all
American citizens in the National Statuary Hall (see H. Con.
Res. 158) [29MR]
Children and youth: status of children born in U.S. to parents who
are not citizens or permanent resident aliens (see H.J. Res.
190) [5SE]
INS: promote the naturalization of eligible individuals (see H.R.
3323) [25AP]
------standards for naturalization (see H.R. 4056, 4143) [11SE]
[24SE]
Mother Teresa: confer honorary U.S. citizenship (see H.J. Res.
191) [10SE]
Reports filed
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
CIVIL LIBERTIES
related term(s) Civil Rights; Human Rights
Bills and resolutions
Armed Forces: policy regarding military service by homosexuals
(see H.R. 3925) [31JY]
Belarus: independence anniversary (see H. Con. Res. 163) [17AP]
Burma: U.S. policy (see H. Con. Res. 188) [13JN]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 181, 182) [12JN] [13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
------prohibit discrimination in the payment of wages based on
sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Colleges and universities: protect speech and association rights
of students (see H.R. 4207) [26SE]
Computers: provide parental control of child access to online
services (see H.R. 3089) [14MR]
------use, sale, and export of encryption products for privacy and
security (see H.R. 3011) [5MR]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
------withhold Federal collateral remedies in State cases unless
inadequate State habeus corpus procedures are shown to exist
(see H.R. 2955) [1FE]
Crime: interjurisdictional enforcement of protection orders and
redefinition of victims relative to stalking (see H.R. 2954,
2980) [1FE] [28FE]
Executive Office of the President: civil remedies for the request
or receipt of protected records for nonroutine use (see H.R.
3687) [20JN]
------ensure privacy and security of FBI background reports (see
H.R. 3785) [11JY]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 177) [30AP]
------copyright and impose criminal penalties for desecration (see
H.R. 3883) [23JY]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 161, 184) [28FE] [16JY]
------enforce constitutional rights (see H.R. 4129, 4130) [20SE]
Health: limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
------protection of patients' rights relative to medical care (see
H. Con. Res. 214) [12SE]
------provide information and protect patients' rights relative to
medical care (see H.R. 4315) [28SE]
Human rights: remedies for claims involving human experimentation
and constitutional and human rights violations (see H.R. 3946)
[1AU]
Insurance: prohibit use of genetic information in determining
coverage or premiums (see H.R. 4008) [2AU]
Real estate: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
Religion: accommodations in the workplace (see H.R. 4117) [19SE]
------protect sanctity of religious communications (see H.R. 3571)
[4JN]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Social Security: prohibit certain misuses of account numbers (see
H.R. 3598) [6JN]
Telecommunications: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
Vietnam: release of Buddhist monks and civilians and Roman
Catholic monks and priests (see H. Con. Res. 179) [16MY]
Voting: secure rights of former felons who have been released from
incarceration (see H.R. 3028) [6MR]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
CIVIL RIGHTS
Appointments
Commission on Civil Rights [9FE]
Bills and resolutions
African Americans: recognize end of slavery and true day of
independence (see H.J. Res. 195) [17SE]
Armed Forces: discharge of military personnel relative to positive
HIV test (see H.R. 2959, 3926, 4344) [1FE] [31JY] [4OC]
Business and industry: prohibit employment discrimination relative
to participation in labor organization activities (see H.R.
3763) [9JY]
Children and youth: deny foreign aid to countries refusing to
enforce labor laws (see H.R. 3294) [23AP]
------prohibit sale of personal information without parental
consent (see H.R. 3508) [22MY]
Commission on Civil Rights: reauthorize (see H.R. 3874) [23JY]
------subpoena power (see H.R. 3009) [5MR]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
Crime: constitutional amendment on protection of victims' rights
(see H.J. Res. 173, 174) [22AP]
------establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
Developmental Disabilities Assistance and Bill of Rights Act:
reauthorize (see H.R. 3867) [23JY]
Education: restore equal educational opportunity (see H.R. 4304)
[28SE]
Employment: prohibit discrimination in the payment of wages based
on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Fair Housing Act: amend (see H.R. 4019) [4SE]
Families and domestic relations: promote adoption of minority
children (H.R. 3286), consideration (see H. Res. 428) [7MY]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
Information services: provide safeguards for confidentiality of
statistical information (see H.R. 3924) [31JY]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
------protect personal privacy rights of customers and claimants
(see H.R. 3930) [31JY]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
Law enforcement: prevent detaining of individuals on highways
solely because of race or color (see H.R. 4092) [17SE]
Paperwork Reduction Act: use of term ``multiracial or
multiethnic'' on classification lists (see H.R. 3920) [30JY]
Ralph David Abernathy Memorial Foundation: extend authority to
establish memorial (see H.J. Res. 183) [11JY]
Religion: persecution of Christians (see H. Res. 515) [2AU]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the strug
[[Page 2983]]
gle for and achievement of African-American voting rights (see
H. Res. 487) [22JY]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Commission on Civil Rights Reauthorization: Committee on the
Judiciary (House) (H.R. 3874) (H. Rept. 104-846) [26SE]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Developmental Disabilities Assistance and Bill of Rights Act
Reauthorization: Committee on Commerce (House) (H.R. 3867) (H.
Rept. 104-719) [30JY]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
CIVIL RIGHTS ACT
Bills and resolutions
Civil liberties: religious accommodations in the workplace (see
H.R. 4117) [19SE]
CIVIL SERVICE
see Federal Employees
CIVIL WARS
Bills and resolutions
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
CIVIL WAR--U.S.
related term(s) War
Bills and resolutions
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
U.S. Civil War Center, Baton Rouge, LA: designate (see H.J. Res.
179) [16MY]
CLAIMS
Bills and resolutions
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
Financial institutions: treatment of certain claims against
depository institutions under receivership by Federal banking
agencies (see H.R. 3892) [24JY]
Human rights: remedies for claims involving human experimentation
and constitutional and human rights violations (see H.R. 3946)
[1AU]
Sioux Indian Nation: make available certain awarded funds to the
Santee Sioux Tribe of Nebraska (see H.R. 3595) [6JN]
Swain County, NC: settlement of claims against the Federal
Government (see H.R. 4112) [18SE]
Veterans' Claims Adjudication Commission: extend time for
submission of final report (see H.R. 3495) [21MY]
Reports filed
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
CLARK COUNTY, NV
Reports filed
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys: Committee on Resources (House)
(H.R. 2135) (H. Rept. 104-755) [4SE]
CLAY, WILLIAM (BILL) (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3103, Health Coverage Availability and
Affordability Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Emerson, Bill: tribute (see H. Res. 459) [25JN]
Sammy L. Davis Federal Building, Overland, MO: designate (see H.R.
3186) [28MR]
Motions offered by
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
CLAYTON, EVA M. (a Representative from North Carolina)
Bills and resolutions introduced by
Crime: condemn acts of arson against churches and enhance law
enforcement and prosecution of arsonists (see H. Con. Res.
183) [11JN]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
CLEAN AIR ACT
related term(s) Ecology and Environment
Bills and resolutions
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
------regulations relative to beverage alcohol compounds emitted
from aging warehouses (see H.R. 3818) [16JY]
------regulatory requirements relative to upwind nonattainment
areas (see H.R. 4339) [3OC]
Amend (see H.R. 3519) [23MY]
Government regulations: provide regulatory relief and preserve
jobs (see H.R. 3446) [10MY]
Hazardous substances: clarify listing of unique chemical
substances (see H.R. 3849) [18JY]
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
Reports filed
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
CLEMENT, BOB (a Representative from Tennessee)
Appointments
Conferee: S. 1004, Coast Guard appropriations [29FE]
CLERGY
see Churches and Synagogues; Religion
CLEVELAND, OH
Bills and resolutions
Carl B. Stokes U.S. Courthouse: designate (see H.R. 4133) [24SE]
CLIMATE
see Weather
CLINGER, WILLIAM F., JR. (a Representative from Pennsylvania)
Appointments
British-U.S. Interparliamentary Group [29MR]
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Clarion River: designate certain segments as components of Wild
and Scenic Rivers System (see H.R. 3568) [4JN]
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Lobbyists: prohibit use of funds by Federal agencies to lobby for
or against any legislative proposal (see H.R. 3078) [13MR]
Oil Region National Heritage Area: establish (see H.R. 3596) [6JN]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
White House Travel Office: relief of individuals terminated from
employment (see H.R. 2937) [1FE]
Conference reports
Line Item Veto Act (S. 4) [21MR]
Reports filed
Applicability of Certain Laws Relative to the Executive Office of
the President: Committee on Government Reform and Oversight
(House) (H.R. 3452) (H. Rept. 104-820) [24SE]
Blood Supply Protection From Infectious Diseases: Committee on
Government Reform and Oversight (House) (H. Rept. 104-746)
[2AU]
Civil Service Law Amendments: Committee on Government Reform and
Oversight (House) (H.R. 3841) (H. Rept. 104-831) [24SE]
Crude Oil Undervaluation--Ineffective Response of the Minerals
Management Service: Committee on Government Reform and
Oversight (House) (H. Rept. 104-858) [27SE]
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance: Committee on
Government Reform and Oversight (House) (H.R. 3184) (H. Rept.
104-607) [6JN]
Federal Financial Management Laws: Committee on Government Reform
and Oversight (House) (H. Rept. 104-745) [2AU]
Federal Government Management--Examining Government Performance as
We Near the Next Century: Committee on Government Reform and
Oversight (House) (H. Rept. 104-861) [28SE]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Health Care Anti-Fraud Protections: Committee on Government Reform
and Oversight (House) (H. Rept. 104-747) [2AU]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files: Committee on
Government Reform and Oversight (House) (H. Rept. 104-862)
[28SE]
Investigation of Federal Law Enforcement Agencies Relative to
Branch Davidians: Committee on Government Reform and Oversight
(House) (H. Rept. 104-749) [2AU]
Line Item Veto Act: Committee of Conference (S. 4) (H. Rept. 104-
491) [21MR]
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities:
Committee on Government Reform and Oversight (House) (H.R.
3663) (H. Rept. 104-635) [25JN]
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
Reform and Oversight, National Drug Policy--Review of the Status
of the Drug War: Committee on Government Reform and Oversight
(House) (H. Rept. 104-486) [19MR]
Sampling and Statistical Adjustment in the Decennial Census--
Fundemental Flaws: Committee on Govern
[[Page 2984]]
ment Reform and Oversight (House) (H. Rept. 104-821) [24SE]
Strengthen Veterans' Preference and Increase Employment
Opportunities: Committee on Government Reform and Oversight
(House) (H.R. 3586) (H. Rept. 104-675) [12JY]
Use of Federal Funding by Local Governments and Nonprofit
Organizations in Accordance With Approved Local Flexibility
Plans: Committee on Government Reform and Oversight (House)
(H.R. 2086) (H. Rept. 104-847) [26SE]
White House Communications Agency Review: Committee on Government
Reform and Oversight (House) (H. Rept. 104-748) [2AU]
White House Travel Office Firings and Related Matters: Committee
on Government Reform and Oversight (House) (H. Rept. 104-849)
[26SE]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
Year 2000 Computer Software Conversion--Summary of Oversight
Findings and Recommendations: Committee on Government Reform
and Oversight (House) (H. Rept. 104-857) [27SE]
CLOTHING INDUSTRY
Bills and resolutions
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Sweatshops: legal accountability for sweatshop conditions (see
H.R. 4166) [25SE]
CLYBURN, JAMES E. (a Representative from South Carolina)
Bills and resolutions introduced by
Airlines and airports: provide protection for airline employees
who provide certain air safety information (see H.R. 3187)
[28MR]
COAST GUARD
related term(s) Department of Transportation
Appointments
Conferees: S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions
Appropriations: authorizing (S. 1004), corrections in enrollment
of conference report (see H. Con. Res. 229) [28SE]
Divers: extend use for search and rescue efforts (see H.R. 4101)
[17SE]
Presque Isle Light Station, MI: conveyance (see H.R. 3344) [25AP]
Ships and vessels: cost estimate for the engineering, design and
retrofitting of the icebreaker Mackinaw (see H.R. 4081) [17SE]
St. Helena Island Light station, MI: conveyance (see H.R. 3278)
[18AP]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
Conference reports
Coast Guard Appropriations (S. 1004) [27SE]
Reports filed
Coast Guard Appropriations: Committee of Conference (S. 1004) (H.
Rept. 104-854) [27SE]
COASTAL ZONE MANAGEMENT ACT
Reports filed
Reauthorization: Committee on Resources (House) (H.R. 1965) (H.
Rept. 104-521) [16AP]
COASTAL ZONES
Bills and resolutions
Atlantic Striped Bass Conservation Act: reauthorize (see H.R.
4139) [24SE]
Corps of Engineers: clarify responsibilities to promote and carry
out shore protection projects (see H.R. 3551) [29MY]
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
Reports filed
Coastal Zone Management Act Reauthorization: Committee on
Resources (House) (H.R. 1965) (H. Rept. 104-521) [16AP]
COASTLINES
see Beaches
COBLE, HOWARD (a Representative from North Carolina)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions introduced by
D&S International, Inc.: relief (see H.R. 3502) [21MY]
COBURN, TOM (a Representative from Oklahoma)
Bills and resolutions introduced by
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Drugs: review use of radiopharmaceuticals (see H.R. 3065) [12MR]
Medicare: assure access to services under the Medicare HMO Program
(see H.R. 3079) [13MR]
COE, EARNEST F.
Bills and resolutions
Everglades National Park: designate Earnest F. Coe Visitor Center
(see H.R. 4241) [27SE]
COINS
Bills and resolutions
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
States: establish circulating commemorative coin program
commemorating each State (see H.R. 3793) [11JY]
Wright, Orville and Wilbur: mint coins in commemoration of
centennial anniversary of first manned flight (see H.R. 4203)
[26SE]
COLEMAN, RONALD D. (a Representative from Texas)
Appointments
Conferee: H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3816, energy and water development appropriations [5SE]
Motions offered by
Dept. of Defense: making appropriations (H.R. 3610), conference
report [28SE]
COLLECTIVE BARGAINING
related term(s) Industrial Arbitration; Labor Unions
Bills and resolutions
Business and industry: prohibit employment discrimination relative
to participation in labor organization activities (see H.R.
3763) [9JY]
Employment: permit additional remedies in certain unfair labor
practice cases (see H.R. 3764) [9JY]
Labor unions: ensure that employees paying mandatory dues may
object to the use of their dues for noncollective-bargaining
activities (see H.R. 3580) [5JN]
NLRB: resolution of unfair labor practice complaints in a timely
manner (see H.R. 4247) [27SE]
COLLEGES AND UNIVERSITIES
related term(s) Education; Schools
Appointments
Advisory Committee on Student Financial Assistance [18JY]
Bills and resolutions
Alcoholic beverages: provide incentives to develop alcohol abuse
prevention programs (see H.R. 3476) [16MY]
Civil liberties: protect speech and association rights of students
(see H.R. 4207) [26SE]
Crime: require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
Education: exempt certain lenders from audit requirements of
student loan programs (see H.R. 3002) [4MR]
------funding levels for federally assisted education programs
(see H. Con. Res. 144) [1FE]
------permit financial institutions under the Federal Family
Education Loan Program to pay origination fees of borrowers
(see H.R. 3863) [22JY]
------provide financial aid grants for certain colleges and
technical schools (see H.R. 3919) [30JY]
------restore equal educational opportunity (see H.R. 4304) [28SE]
------tuition prepayment plans that guarantee a college education
at a fixed price (see H. Res. 506) [1AU]
George Washington University: anniversary (see H. Con. Res. 139)
[31JA]
Graduate schools: participation by historically black graduate
professional schools in certain education grant programs (see
H.R. 3055) [7MR]
Haskell Indian Nations University: enhance administrative
authority of president (see H.R. 4098) [17SE]
Health: establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
National Science Scholars Program: reestablish (see H.R. 3648)
[13JN]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Sports: prohibit agents from influencing college athletes (see
H.R. 3328) [25AP]
Taxation: treatment of higher education expenses (see H.R. 3245,
4323) [15AP] [28SE]
------treatment of State tuition programs (see H.R. 3842) [17JY]
------use of individual retirement accounts for post-secondary
education or job retraining expenses (see H.R. 4334) [30SE]
Veterans: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
Reports filed
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Participation by Historically Black Graduate Professional Schools
in Certain Education Grant Programs: Committee on Economic and
Educational Opportunities (House) (H.R. 3055) (H. Rept. 104-
504) [28MR]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
COLLINS, BARBARA-ROSE (a Representative from Michigan)
Bills and resolutions introduced by
African Americans: recognize end of slavery and true day of
independence (see H.J. Res. 195) [17SE]
COLLINS, CARDISS (a Representative from Illinois)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Ecology and environment: allow petition submittal for the
prevention of certain waste facilities construction in
environmentally disadvantaged communities (see H.R. 2845)
[4JA]
Executive Office of the President: ensure privacy and security of
FBI background reports (see H.R. 3785) [11JY]
Roads and highways: reuse or disposal of construction and
demolition debris (see H.R. 3522) [23MY]
Robeson, Paul: issue commemorative postage stamp (see H. Res. 511)
[2AU]
COLOMBIA, REPUBLIC OF
Bills and resolutions
Tariff: fresh cut Colombian flowers (see H. Res. 452) [12JN]
Messages
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
[[Page 2985]]
COLORADO
Bills and resolutions
Collbaran reclamation project: land conveyance (see H.R. 3366)
[30AP]
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
Hinsdale, CO: land exchange (see H.R. 4213) [26SE]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
San Isabel National Forest: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Reports filed
Gunnison County, CO, Land Conveyance: Committee on Resources
(House) (H.R. 2438) (H. Rept. 104-766) [4SE]
COLUMBIA BROADCASTING SYSTEM (CBS)
Bills and resolutions
Television: reservation of time for family-oriented programming
(see H. Res. 484) [18JY]
COMBEST, LARRY (a Representative from Texas)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
Intelligence services: authorizing appropriations (see H.R. 3259)
[17AP]
------reorganize and reform management of intelligence community
(see H.R. 3237) [15AP]
Trucking industry: limit the applicability of hazardous material
transportation registration and fee requirements relative to
the transport of crude oil and condensate (see H.R. 3188)
[28MR]
Conference reports
Intelligence Services Appropriations (H.R. 3259) [24SE]
Reports filed
Intelligence Services Appropriations: Committee of Conference
(H.R. 3259) (H. Rept. 104-832) [24SE]
COMMISSION ON CIVIL RIGHTS
Appointments
Members [9FE]
Bills and resolutions
Courts: subpoena power (see H.R. 3009) [5MR]
Reauthorization (see H.R. 3874) [23JY]
Reports filed
Commission on Civil Rights Reauthorization: Committee on the
Judiciary (House) (H.R. 3874) (H. Rept. 104-846) [26SE]
COMMISSION ON RETIREMENT INCOME POLICY
Bills and resolutions
Establish (see H.R. 3077) [13MR]
COMMISSION ON THE ADVANCEMENT OF WOMEN IN THE SCIENCE AND ENGINEERING
WORK FORCES
Bills and resolutions
Establish (see H.R. 3726) [26JN]
COMMISSION ON THE FUTURE FOR AMERICA'S VETERANS
Bills and resolutions
Establish (see H.R. 4060) [11SE]
COMMITTEE ON AGRICULTURE (House)
Bills and resolutions
Funderburk, Representative: election (see H. Res. 509) [2AU]
Reports filed
Agricultural Market Transition Act (H.R. 2854) (H. Rept. 104-462)
[9FE]
Conduct Census of Agriculture (H.R. 3665) (H. Rept. 104-653)
[27JN]
Definition and Regulation of the Minor Use of Pesticides (H.R.
1627) (H. Rept. 104-669) [11JY]
Federal Agricultural Mortgage Corp. Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) (H. Rept. 104-469) [8MR] [21MR]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA (H.R. 3387) (H. Rept. 104-645) [27JN]
Mark Twain National Forest, MO, Boundary Adjustment (H.R. 3464)
(H. Rept. 104-654) [8JY]
Release of Reversionary Interest in Certain Iosco, MI, Lands Held
by the Federal Government (H.R. 2670) (H. Rept. 104-644)
[27JN]
COMMITTEE ON APPROPRIATIONS (House)
Bills and resolutions
Parker, Representative: election (see H. Res. 382) [14MR]
Serrano, Representative: election (see H. Res. 383) [14MR]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) (H. Rept. 104-613) [7JN]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations (H. Res. 460) (H. Rept. 104-633)
[25JN]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) (H.
Rept. 104-591) [23MY]
Dept. of Defense Appropriations (H.R. 3610) (H. Rept. 104-617)
[11JN]
Dept. of the Interior and Related Agencies Appropriations (H.R.
3662) (H. Rept. 104-625) [18JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations (H.R. 3756)
(H. Rept. 104-660) [8JY]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) (H. Rept. 104-631) [19JN]
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations (H.R. 3814) (H. Rept. 104-676) [16JY]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations (H.R. 3755) (H. Rept. 104-659) [8JY]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) (H. Rept. 104-628) [18JN]
District of Columbia Appropriations (H.R. 3845) (H. Rept. 104-689)
[18JY]
Energy and Water Development Appropriations (H.R. 3816) (H. Rept.
104-679) [16JY]
Foreign Operations, Export Financing, and Related Programs
Appropriations (H.R. 3540) (H. Rept. 104-600) [29MY]
Legislative Branch of the Appropriations (H.R. 3754) (H. Rept.
104-657) [8JY]
Revised Subdivision of Budget Totals for Fiscal Year 1997 (H.
Rept. 104-672) [12JY]
Revised Subdivision of Budget Totals for Fiscal Year 1997 (H.
Rept. 104-727) [31JY]
Subdivision of Budget Totals for Fiscal Year 1997 (H. Rept. 104-
594) [23MY]
Subdivision of Budget Totals for Fiscal Year 1997 (H. Rept. 104-
624) [17JN]
COMMITTEE ON BANKING AND FINANCIAL SERVICES (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
367) [28FE]
Jackson, Representative: election (see H. Res. 337) [5JA]
Reports filed
Financial Institutions Regulatory Process and Paperwork
Requirements Reform (H.R. 1858) (H. Rept. 104-103) [18JN]
U.S. Housing Act (H.R. 2406) (H. Rept. 104-461) [1FE] [25AP]
COMMITTEE ON COMMERCE (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
408) [22AP]
Reports filed
Animal Drug Availability Act (H.R. 2508) (H. Rept. 104-822) [24SE]
Board of Tea Experts Abolishment (H.R. 2969) (H. Rept. 104-467)
[8MR]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance (H.R. 447) (H. Rept. 104-753) [2AU]
Developmental Disabilities Assistance and Bill of Rights Act
Reauthorization (H.R. 3867) (H. Rept. 104-719) [30JY]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks (H.R. 3391) (H. Rept.
104-822) [24SE]
Energy Policy and Conservation Act Programs Extension (H.R. 3868)
(H. Rept. 104-712) [26JY], (H.R. 4083) (H. Rept. 104-814)
[20SE]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon (H.R. 3431) (H. Rept. 104-623) [17JN]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky (H.R. 2501) (H. Rept. 104-507) [28MR],
(H.R. 2869) (H. Rept. 104-512) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina (H.R. 2773) (H. Rept. 104-510)
[28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio (H.R. 2816) (H. Rept. 104-511) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania (H.R. 2695) (H. Rept. 104-509) [28MR]
Food Quality Protection Act (H.R. 1627) (H. Rept. 104-669) [23JY]
Health Studies and Programs Relative to Traumatic Brain Injuries
(H.R. 248) (H. Rept. 104-652) [27JN]
Journeymen Boxer Safety (H.R. 1186) (H. Rept. 104-833) [24SE]
Land Disposal Program Flexibility Act (H.R. 2036) (H. Rept. 104-
454) [30JA]
Medicaid Osteopathic Services (H.R. 1791) (H. Rept. 104-826)
[24SE]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities (H.R. 3632) (H. Rept. 104-817)
[23SE]
Medicaid Requirements and Qualifications Relative to County
Operated Health Insurance Programs (H.R. 3056) (H. Rept. 104-
751) [2AU]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs (H.R. 3871) (H. Rept. 104-752) [2AU]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation (H.R. 2923) (H. Rept. 104-844) [25SE]
Medicare Enrollment Composition Rules for Wellness Plan (H.R.
4012) (H. Rept. 104-845) [25SE]
Mercury-Containing and Rechargeable Battery Management Act (H.R.
2024) (H. Rept. 104-530) [23AP]
National Policy To Provide Health Care and Reform Insurance
Procedures (H.R. 3070) (H. Rept. 104-497) [25MR]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs (H.R. 3633) (H. Rept. 104-818) [23SE]
Propane Gas Industry Safety, Training, Research, and Development
(H.R. 1514) (H. Rept. 104-655) [8JY]
Regulation and Management of Financial Markets (H.R. 3005) (H.
Rept. 104-622) [17JN]
SEC Appropriations and Reduction of Fees (H.R. 2972) (H. Rept.
104-479) [12MR]
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions (H.R. 2988) (H. Rept. 104-807) [18SE]
U.S. National Tourism Organization Act (H.R. 2579) (H. Rept. 104-
839) [25SE]
Uranium Mill Tailings Radiation Control Act Appropriations (H.R.
2967) (H. Rept. 104-536) [24AP]
Waste Isolation Pilot Plant Land Withdrawal Act Amendments (H.R.
1663) (H. Rept. 104-540) [25AP]
COMMITTEE ON ECONOMIC AND EDUCATIONAL OPPORTUNITIES (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
447) [5JN]
[[Page 2986]]
Reports filed
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements (H.R. 2531) (H. Rept. 104-592) [23MY]
Employee Commuting Flexibility Act (H.R. 1227) (H. Rept. 104-585)
[20MY]
Encourage the Donation of Food and Grocery Products to Needy
Individuals (H.R. 2428) (H. Rept. 104-661) [9JY]
English Language Empowerment Act (H.R. 123) (H. Rept. 104-723)
[30JY]
Guidelines for School Lunch and Breakfast Programs (H.R. 2066) (H.
Rept. 104-561) [7MY]
Impact Aid Program Technical Corrections (H.R. 3269) (H. Rept.
104-560) [7MY]
Individuals With Disabilities Education Act Reauthorization (H.R.
3268) (H. Rept. 104-614) [10JN]
Institute of American Indian and Alaska Native Culture and Arts
Development Board of Trustees Appointment Process (H.R. 3049)
(H. Rept. 104-505) [28MR]
Juvenile Justice and Delinquency Prevention Act Appropriations
(H.R. 3876) (H. Rept. 104-783) [12SE]
National Policy To Provide Health Care and Reform Insurance
Procedures (H.R. 995) (H. Rept. 104-498) [25MR]
Older Americans Act Reauthorization (H.R. 2570) (H. Rept. 104-539)
[25AP]
Opening of Campus Security Crime Logs at Institutions of Higher
Education (H. Res. 470) (H. Rept. 104-776) [5SE]
Participation by Historically Black Graduate Professional Schools
in Certain Education Grant Programs (H.R. 3055) (H. Rept. 104-
504) [28MR]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers (H.R. 3863)
(H. Rept. 104-775) [5SE]
Provide Compensatory Time for All Employees (H.R. 2391) (H. Rept.
104-670) [11JY]
COMMITTEE ON ECONOMICS (Joint)
Appointments
Members [7MR]
COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT (House)
Bills and resolutions
Klug, Representative: election (see H. Res. 485) [22JY]
White House Travel Office: provide authority to obtain testimony
to investigate the dismissal of personnel (see H. Res. 369)
[29FE]
Reports filed
Applicability of Certain Laws Relative to the Executive Office of
the President (H.R. 3452) (H. Rept. 104-820) [24SE]
Blood Supply Protection From Infectious Diseases (H. Rept. 104-
746) [2AU]
Civil Service Law Amendments (H.R. 3841) (H. Rept. 104-831) [24SE]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Crude Oil Undervaluation--Ineffective Response of the Minerals
Management Service (H. Rept. 104-858) [27SE]
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II (H.R. 1281) (H. Rept. 104-819)
[24SE]
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance (H.R. 3184) (H.
Rept. 104-607) [6JN]
Federal Financial Management Laws (H. Rept. 104-745) [2AU]
Federal Government Management--Examining Government Performance as
We Near the Next Century (H. Rept. 104-861) [28SE]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions (H. Rept. 104-641)
[27JN]
Health Care Anti-Fraud Protections (H. Rept. 104-747) [2AU]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) (H. Rept. 104-469) [7MR]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
Investigation of Federal Law Enforcement Agencies Relative to
Branch Davidians (H. Rept. 104-749) [2AU]
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities (H.R.
3663) (H. Rept. 104-635) [25JN]
Public Access to Information in an Electronic Format (H.R. 3802)
(H. Rept. 104-795) [17SE]
Reform and Oversight, National Drug Policy--Review of the Status
of the Drug War (H. Rept. 104-486) [19MR]
Sampling and Statistical Adjustment in the Decennial Census--
Fundemental Flaws (H. Rept. 104-821) [24SE]
Strengthen Veterans' Preference and Increase Employment
Opportunities (H.R. 3586) (H. Rept. 104-675) [12JY]
Use of Federal Funding by Local Governments and Nonprofit
Organizations in Accordance With Approved Local Flexibility
Plans (H.R. 2086) (H. Rept. 104-847) [26SE]
White House Communications Agency Review (H. Rept. 104-748) [2AU]
White House Travel Office Firings and Related Matters (H. Rept.
104-849) [26SE]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore (H. Rept. 104-598) [29MY]
Year 2000 Computer Software Conversion--Summary of Oversight
Findings and Recommendations (H. Rept. 104-857) [27SE]
COMMITTEE ON HOUSE OVERSIGHT (House)
Reports filed
American Folklife Preservation Act Repeal (H.R. 3491) (H. Rept.
104-710) [26JY]
Campaign Ethics Reform and Contribution Limits (H.R. 3760) (H.
Rept. 104-677) [16JY]
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia (H. Res. 417) (H. Rept. 104-559) [6MY]
Dismissal of Election Contest Against Representative Bass (H. Res.
539) (H. Rept. 104-853) [26SE]
Dismissal of Election Contest Against Representative Rose (H. Res.
538) (H. Rept. 104-852) [26SE]
House of Representatives Official Allowance That Represents
Administrative Reforms (H.R. 2739) (H. Rept. 104-482) [14MR]
COMMITTEE ON INAUGURAL CEREMONIES (Joint)
Appointments
Members [10SE]
COMMITTEE ON INFORMATION (Joint)
Bills and resolutions
Establish (see H.R. 4280) [28SE]
COMMITTEE ON INTERNATIONAL RELATIONS (House)
Bills and resolutions
Committees of the House: majority party appointments (see H. Res.
462) [25JN]
------minority party appointments (see H. Res. 367, 447) [28FE]
[5JN]
Iran: funding for investigation of U.S. role in Iranian arms
transfer to Croatia and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements
(H.R. 3121) (H. Rept. 104-519) [16AP]
Export Assistance Agencies Authority Extension (H.R. 3759) (H.
Rept. 104-722) [30JY]
Iran and Libya Sanctions Act (H.R. 3107) (H. Rept. 104-523) [17AP]
Microenterprise Act (H.R. 3846) (H. Rept. 104-715) [29JY]
COMMITTEE ON NATIONAL SECURITY (House)
Reports filed
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (H.R. 3230) (H. Rept. 104-563) [7MY]
Intelligence Community Reorganization and Reform (H.R. 3237) (H.
Rept. 104-620) [23JY]
Limit Placement of Armed Forces Under U.N. Operational or Tactical
Control (H.R. 3308) (H. Rept. 104-642) [27JN]
Medicare Reimbursement to Military Health Services System (H.R.
3142) (H. Rept. 104-837) [25SE]
National Missile Defense System (H.R. 3144) (H. Rept. 104-583)
[16MY]
Restore Missing Person Status to Certain Dept. of Defense Civilian
and Contract Employees (H.R. 4000) (H. Rept. 104-806) [17SE]
Shipbuilding Trade Agreement Act (H.R. 2754) (H. Rept. 104-524)
[30MY]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia (H.
Con. Res. 200) (H. Rept. 104-805) [17SE]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War (H. Con. Res. 180) (H. Rept. 104-804) [17SE]
COMMITTEE ON RESOURCES (House)
Reports filed
Adoption Promotion and Stability Act (H.R. 3286) (H. Rept. 104-
542) [30AP]
Alaska Native Claims Settlement Act Amendments (H.R. 2505) (H.
Rept. 104-797) [17SE]
Alaska Natives Social and Economic Programs Implementation (H.R.
3973) (H. Rept. 104-838) [25SE]
Apache National Forest Land Conveyance to the Alpine Elementary
School District (H.R. 3547) (H. Rept. 104-759) [4SE]
BLM Appropriations (H.R. 3290) (H. Rept. 104-658) [8JY]
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition (H.R. 3534) (H. Rept. 104-866) [3OC]
California Exchange of Certain Federal Lands (H.R. 3147) (H. Rept.
104-760) [4SE]
California Land Conveyance to the Del Norte County Unified School
District (H.R. 2709) (H. Rept. 104-763) [4SE]
California Land Conveyance to the Hoopa Valley Tribe (H.R. 2710)
(H. Rept. 104-762) [4SE]
California Land Transfer to Certain Indian Tribes (H.R. 3642) (H.
Rept. 104-767) [4SE]
Carbon Hill National Fish Hatchery Conveyance to Alabama (H.R.
2982) (H. Rept. 104-568) [8MY]
Coastal Zone Management Act Reauthorization (H.R. 1965) (H. Rept.
104-521) [16AP]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act (H.R. 2560) (H. Rept. 104-643) [27JN]
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming (H.R. 3579) (H. Rept. 104-711) [26JY]
Cooperative Fisheries Management Act (H.R. 2160) (H. Rept. 104-
517) [15AP]
Crawford National Fish Hatchery Conveyance to Crawford, NE (H.R.
3287) (H. Rept. 104-700) [24JY]
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act
(H.R. 2512) (H. Rept. 104-765) [4SE]
Designate Certain Segments of the Clarion River, PA, as Components
of the Wild and Scenic Rivers System (H.R. 3568) (H. Rept.
104-825) [24SE]
Designate Wekiva River, Seminole Creek, and Rock Springs Run, FL,
for Potential Addition to the Wild and Scenic River System
(H.R. 3155) (H. Rept. 104-824) [24SE]
[[Page 2987]]
Development of Technology for Recovery of Minerals From the Ocean
Seabed (H.R. 3249) (H. Rept. 104-673) [12JY]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX (H.R. 3910) (H. Rept. 104-770)
[4SE]
Endangered Species Act Reauthorization (H.R. 2275) (H. Rept. 104-
778) [9SE]
Federal Oceanography Coordination Improvement Act (H.R. 3537) (H.
Rept. 104-771) [4SE]
Federal Oil and Gas Royalty Simplification and Fairness Act (H.R.
1975) (H. Rept. 104-667) [11JY]
Fort Peck Rural County Water Supply System Act (S. 1467) (H. Rept.
104-769) [4SE]
Goshute Indian Reservation Additional Lands: Committee on
Resources (House) (H.R. 2464) (H. Rept. 104-562) [7MY]
Gunnison County, CO, Land Conveyance (H.R. 2438) (H. Rept. 104-
766) [4SE]
Gustavus, AK, Land Exchange (H.R. 2561) (H. Rept. 104-840) [25SE]
Hells Canyon Wilderness Area Boundary Modification (H.R. 2693) (H.
Rept. 104-779) [9SE]
Highway Relocation Assistance Relative to the Chickamauga and
Chattanooga National Military Parks (H.R. 848) (H. Rept. 104-
603) [4JN]
Housing of Federal Land Management Agency Field Employees (H.R.
2941) (H. Rept. 104-802) [17SE]
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees (H.R.
2107) (H. Rept. 104-757) [4SE]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers (H.R. 3378) (H. Rept.
104-742) [1AU]
International Dolphin Conservation Program Implementation (H.R.
2823) (H. Rept. 104-665) [10JY]
Irrigation District Boundaries Within the Umatilla Basin, OR (H.R.
2392) (H. Rept. 104-860) [28SE]
Kenai Natives Association Correction of Land Entitlement
Inequities (H.R. 401) (H. Rept. 104-756) [4SE]
Lake Tahoe Basin National Forest Designation (H.R. 2122) (H. Rept.
104-772) [4SE]
Manzanar Historic Site Exchange of Public Lands (H.R. 3006) (H.
Rept. 104-709) [26JY]
Marion National Fish Hatchery Conveyance to Alabama (H.R. 3557)
(H. Rept. 104-702) [24JY]
Marshall Islands Rongelop Resettlement Trust Fund Administration
(H.R. 1332) (H. Rept. 104-471) [5MR]
National Forests Timber Substitution for the Cancelled Elkhorn
Ridge Timber Sale (H.R. 2711) (H. Rept. 104-761) [4SE]
National Geologic Mapping Act Reauthorization (H.R. 3198) (H.
Rept. 104-668) [11JY]
National Marine Sanctuaries Act Reauthorization (H.R. 3487) (H.
Rept. 104-717) [29JY]
Native American Adoption and Child Custody Proceedings Regulations
(H.R. 3828) (H. Rept. 104-808) [19SE]
North Platte National Wildlife Refuge Boundary Adjustment (H.R.
2679) (H. Rept. 104-527) [18AP]
Oahu National Wildlife Refuge Complex Acquisition of Certain
Interests in the Waihee Marsh and Waihee Stream (H.R. 1772)
(H. Rept. 104-528) [22AP]
Prairie Island Indian Community Charter of Incorporation
Revocation (H.R. 3068) (H. Rept. 104-584) [20MY]
Prepayment of Federal Repayment Contracts by the Central Utah
Water Conservancy District (H.R. 1823) (H. Rept. 104-531)
[23AP]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations
(H.R. 1179) (H. Rept. 104-758) [4SE]
Preserve and Protect the Columbia River's Hanford Reach Area (H.R.
2292) (H. Rept. 104-716) [29JY]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights (H.R. 3752) (H.
Rept. 104-835) [24SE]
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives (H.R. 4067) (H. Rept. 104-856)
[27SE]
Public Rangelands Management Act (S. 1459) (H. Rept. 104-674)
[12JY]
Puerto Rico Self-Determination (H.R. 3024) (H. Rept. 104-713)
[26JY]
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments (H.R. 3660) (H. Rept. 104-703) [24JY]
Regulate Fishing in Certain Alaskan Waters (H.R. 1786) (H. Rept.
104-687) [18JY]
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys (H.R. 2135) (H. Rept. 104-755)
[4SE]
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II (H.R. 2041) (H. Rept. 104-867)
[21OC]
Settlement of Issues and Claims Relative to Trust Lands of the
Torres-Martinez Desert Cahuilla Indians (H.R. 3640) (H. Rept.
104-777) [5SE]
Silvio O. Conte National Fish and Wildlife Refuge Eminent Domain
Prevention Act (H.R. 2909) (H. Rept. 104-579) [16MY]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski Areas (H.R. 1527) (H. Rept.
104-516) [15AP]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior (H.R.
3903) (H. Rept. 104-768) [4SE]
Snoqualmie National Forest Boundary Expansion (H.R. 3497) (H.
Rept. 104-816) [23SE]
Snowbasin Ski Area, UT, Land Exchange (H.R. 2824) (H. Rept. 104-
493) [25MR]
Suffolk County, NY, Property Acquisition (H.R. 1836) (H. Rept.
104-529) [22AP]
Tensas River National Wildlife Refuge Appropriations (H.R. 2660)
(H. Rept. 104-526) [18AP]
Transfer Jurisdiction Over Certain Federal Real Property in the
District of Columbia (H.R. 2636) (H. Rept. 104-368) [26JY]
Validate Certain Conveyances Made by Southern Pacific
Transportation Co. in Reno, NV, and Tulare, CA (H.R. 1784) (H.
Rept. 104-691) [18JY]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail (H.R. 1129) (H. Rept. 104-567) [8MY]
Walhalla National Fish Hatchery Conveyance to South Carolina (H.R.
3546) H. Rept. 104-701) [24JY]
Water Desalinization Research and Development Act (S. 811) (H.
Rept. 104-790) [16SE]
Wenatchee National Forest Land Exchange With Chelan County, WA
(H.R. 2518, 3581) (H. Rept. 104-764) [4SE]
COMMITTEE ON RULES (House)
Bills and resolutions
House Rules: authority of the Committee on Rules (House) to report
rules or orders waiving the germaneness requirement (see H.
Res. 505) [1AU]
------same-day consideration of certain resolutions (see H. Res.
412) [24AP]
------same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules
(see H. Res. 525, 546) [19SE] [27SE]
Motions
House Rules: same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules (H.
Res. 546) [28SE]
------same-day consideration of certain resolutions (H. Res. 412)
[25AP]
Reports filed
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel (H. Res. 369) (H. Rept. 104-472) [6MR]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia (H. Res.
416) (H. Rept. 104-551) [2MY]
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002 (H. Res. 450) (H. Rept.
104-615) [10JN]
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act (H. Res. 370) (H. Rept. 104-470)
[5MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act (H. Res. 394) (H. Rept.
104-503) [27MR]
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management (H.R. 1296)
(H. Rept. 104-836) [25SE]
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation (H. Res. 375) (H. Rept. 104-476) [7MR]
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act (H. Res.
528) (H. Rept. 104-829) [24SE]
Consideration of Conference Report on H.R. 2546, District of
Columbia Appropriations (H. Res. 351) (H. Rept. 104-456)
[31JA]
Consideration of Conference Report on H.R. 2854, Federal
Agriculture Improvement and Reform Act (H. Res. 393) (H. Rept.
104-502) [27MR]
Consideration of Conference Report on H.R. 3019, Continuing
Appropriations (H. Res. 415) (H. Rept. 104-538) [25AP]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act (H. Res. 500) (H. Rept.
104-735) [31JY], (H. Res. 502) (H. Rept. 104-738) [1AU]
Consideration of Conference Report on H.R. 3230, Dept. of Defense
Appropriations for Military Activities and Personnel Strengths
(H. Res. 498) (H. Rept. 104-732) [31JY]
Consideration of Conference Report on H.R. 3259, Intelligence
Services Appropriations (H. Res. 529) (H. Rept. 104-830)
[24SE]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act (H. Res. 503) (H. Rept. 104-739) [1AU]
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure (H. Res. 497) (H. Rept. 104-731)
[31JY]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization (H. Res. 540) (H. Rept. 104-851) [26SE]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations (H. Res. 496) (H. Rept. 104-730) [31JY]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations (H. Res.
522) (H. Rept. 104-803) [17SE]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation (H. Res.
492) (H. Rept. 104-720) [30JY], (H. Res. 495) (H. Rept. 104-
729) [31JY]
Consideration of Conference Report on S. 652, Telecommunications
Act (H. Res. 353) (H. Rept. 104-459) [31JA]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act (H. Res. 405) (H. Rept. 104-522)
[17AP]
Consideration of Conference Report on S. 1124, Dept. of Defense
Appropriations for Military Activities and Personnel Strengths
(H. Res. 340) (H. Rept. 104-451) [23JA]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments (H. Res. 507) (H. Rept. 104-743) [1AU]
Consideration of Congressional Adjournment (H. Res. 465) (H. Rept.
104-640) [26JN]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002 (H. Res. 435) (H. Rept. 104-577) [15MY]
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China (H. Res. 463) (H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue (H. Res. 395)
(H. Rept. 104-513) [29MR]
Consideration of H.J. Res. 165, Continuing Appropriations (H. Res.
386) (H. Rept. 104-489) [20MR]
Consideration of H.J. Res. 175, Continuing Appropriations (H. Res.
411) (H. Rept. 104-534) [23AP]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China (H. Res. 463) (H. Rept. 104-636)
[25JN]
Consideration of H.R. 123, English Language Empowerment Act (H.
Res. 499) (H. Rept. 104-734) [31JY]
[[Page 2988]]
Consideration of H.R. 125, Repeal Ban on Assault Weapons and Large
Capacity Ammunition Feeding Devices (H. Res. 388) (H. Rept.
104-490) [21MR]
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds (H. Res. 396) (H. Rept. 104-514)
[29MR]
Consideration of H.R. 994, Regulatory Sunset and Review Act (H.
Res. 368) (H. Rept. 104-464) [29FE]
Consideration of H.R. 1227, Employee Commuting Flexibility Act (H.
Res. 440) (H. Rept. 104-590) [21MY]
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement (H. Res. 410) (H. Rept. 104-533) [23AP]
Consideration of H.R. 2149, Ocean Shipping Reform Act (H. Res.
419) (H. Rept. 104-544) [30AP]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act (H. Res. 384) (H. Rept. 104-483)
[14MR]
Consideration of H.R. 2391, Working Families Flexibility Act (H.
Res. 488) (H. Rept. 104-704) [24JY]
Consideration of H.R. 2406, U.S. Housing Act (H. Res. 426) (H.
Rept. 104-564) [7MY]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act
(H. Res. 418) (H. Rept. 104-543) [30AP]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act (H.
Res. 376) (H. Rept. 104-477) [7MR], (H. Res. 380) (H. Rept.
104-480) [12MR]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments (H.
Res. 409) (H. Rept. 104-532) [23AP]
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act (H.
Res. 448) (H. Rept. 104-606) [6JN]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation (H. Res. 489) (H. Rept. 104-708) [25JY]
Consideration of H.R. 2854, Agricultural Market Transition Act (H.
Res. 366) (H. Rept. 104-463) [27FE]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension (H. Res. 355) (H. Rept.
104-460) [1FE]
Consideration of H.R. 2974, Crimes Against Children and Elderly
Persons Increased Punishment Act (H. Res. 421) (H. Rept. 104-
552) [2MY]
Consideration of H.R. 3019, Continuing Appropriations (H. Res.
372) (H. Rept. 104-474) [6MR]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection (H. Res. 371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act (H. Res. 392) (H. Rept. 104-501) [27MR]
Consideration of H.R. 3120, Witness and Jury Retaliation and
Tampering Prevention (H. Res. 422) (H. Rept. 104-553) [2MY]
Consideration of H.R. 3136, Contract With America Advancement Act
(H. Res. 391) (H. Rept. 104-500) [27MR]
Consideration of H.R. 3144, National Missile Defense System (H.
Res. 438) (H. Rept. 104-582) [16MY]
Consideration of H.R. 3230, Dept. of Defense Appropriations for
Military Activities and Personnel Strengths (H. Res. 430) (H.
Rept. 104-570) [9MY]
Consideration of H.R. 3259, Intelligence Services Appropriations
(H. Res. 437) (H. Rept. 104-581) [16MY]
Consideration of H.R. 3286, Adoption Promotion and Stability Act
(H. Res. 428) (H. Rept. 104-566) [7MY]
Consideration of H.R. 3308, Limit Placement of Armed Forces Under
U.N. Operational or Tactical Control (H. Res. 517) (H. Rept.
104-774) [4SE]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations (H. Res. 427) (H. Rept. 104-565) [7MY]
Consideration of H.R. 3396, Defense of Marriage Act (H. Res. 474)
(H. Rept. 104-666) [10JY]
Consideration of H.R. 3415, Gasoline Tax (H. Res. 436) (H. Rept.
104-580) [16MY]
Consideration of H.R. 3448, Small Business Job Protection Act (H.
Res. 440) (H. Rept. 104-590) [21MY]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure (H. Res. 442) (H. Rept. 104-599) [29MY]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations (H. Res. 445) (H. Rept.
104-601) [30MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project (H. Res. 446) (H. Rept. 104-604) [5JN]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations (H. Res. 451) (H.
Rept. 104-616) [10JN]
Consideration of H.R. 3610, Dept. of Defense Appropriations (H.
Res. 453) (H. Rept. 104-619) [12JN]
Consideration of H.R. 3662, Dept. of the Interior and Related
Agencies Appropriations (H. Res. 455) (H. Rept. 104-627)
[18JN]
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations (H. Res. 456)
(H. Rept. 104-630) [19JN]
Consideration of H.R. 3719, Small Business Programs Improvements
(H. Res. 516) (H. Rept. 104-773) [4SE]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation (H. Res. 482) (H. Rept. 104-
686) [17JY]
Consideration of H.R. 3754, Legislative Branch of the Government
Appropriations (H. Res. 473) (H. Rept. 104-663) [9JY]
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations (H. Res. 472) (H. Rept.
104-662) [9JY]
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations (H. Res. 475) (H. Rept. 104-671) [11JY]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations (H. Res. 479) (H. Rept. 104-
678) [16JY]
Consideration of H.R. 3816, Energy and Water Development
Appropriations (H. Res. 483) (H. Rept. 104-687) [18JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits (H. Res. 481) (H. Rept. 104-685) [17JY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act (H. Res. 508) (H. Rept. 104-744) [1AU]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education (H. Res. 530) (H. Rept. 104-834) [24SE]
Consideration of Motion To Dispose of Senate Amendment to H.R.
1643, Most-Favored-Nation Status for Bulgaria (H. Res. 334)
(H. Rept. 104-447) [4JA]
Consideration of Senate Amendments to H.R. 1833, Prohibit Partial-
Birth Abortions (H. Rept. 104-492) [22MR]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations (H. Res. 336) (H.
Rept. 104-448) [5JA]
Disposition of Senate Amendment to H.R. 1358, National Marine
Fisheries Service Laboratory Conveyance to Massachusetts (H.
Res. 338) (H. Rept. 104-449) [5JA]
House Rules Relative to Same-Day Consideration of Certain
Resolutions (H. Res. 412) (H. Rept. 104-535) [24AP]
House Rules Relative to the Speaker's Authority To Declare Recess
(H. Res. 330) (H. Rept. 104-445) [3JA], (H. Res. 352) (H.
Rept. 104-457) [31JA]
Puerto Rico Self-Determination (H.R. 3024) (H. Rept. 104-713)
[18SE]
Same-Day Consideration of Certain Resolutions and Consideration of
Legislation Under Suspension of the House Rules (H. Res. 525)
(H. Rept. 104-809) [19SE], (H. Res. 546) (H. Rept. 104-855)
[27SE]
COMMITTEE ON SCIENCE (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
367) [28FE]
Reports filed
Commercial Space Industry Development (H.R. 3936) (H. Rept. 104-
801) [17SE]
Federal Civilian Science Activities Appropriations (H.R. 3322) (H.
Rept. 104-550) [1MY]
Metric System Conversion Requirements (H.R. 2779) (H. Rept. 104-
639) [26JN]
Protocol on Environmental Protection to the Antarctic Treaty
Implementation (H.R. 3060) (H. Rept. 104-593) [23MY]
COMMITTEE ON SMALL BUSINESS (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
408, 447, 523) [22AP] [5JN] [17SE]
Reports filed
Paperwork Reduction Act Amendments (H.R. 2715) (H. Rept. 104-520)
[16AP]
Small Business Programs Improvements (H.R. 3719) (H. Rept. 104-
750) [2AU]
Small Business Technology Transfer Program (H.R. 3158) (H. Rept.
104-850) [26SE]
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT (House)
Appointments
Members [23JY]
Bills and resolutions
Expenditures: authorizing (see H. Res. 377) [7MR]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
House Rules: procedures of the Committee on Standards of Official
Conduct (House) (see H. Res. 346) [25JA]
Motions
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
COMMITTEE ON TAXATION (Joint)
Bills and resolutions
Taxation: require use of dynamic economic modeling in the
preparation of estimates of proposed changes in Federal
revenue law (see H. Con. Res. 170) [2MY]
COMMITTEE ON THE BUDGET (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
408) [22AP]
Neumann, Representative: election (see H. Res. 357) [1FE]
Reports filed
Off-Budget Treatment for Certain Transportation Trust Funds (H.R.
842) (H. Rept. 104-499) [29MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) (H. Rept. 104-651) [27JN]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
(H. Rept. 104-575) [14MY]
COMMITTEE ON THE JUDICIARY (House)
Motions
Abortion: prohibit partial-birth abortions (H.R. 1833), veto
[19SE]
Reports filed
Administrative Dispute Resolution Act (H.R. 2977) (H. Rept. 104-
597) [29MY]
Application of Antitrust Laws to Health Care Providers' Networks
(H.R. 2925) (H. Rept. 104-646) [27JN]
Bankruptcy Judge Appointments (H.R. 2604) (H. Rept. 104-569) [9MY]
Carjacking Correction Act (H.R. 3676) (H. Rept. 104-787) [16SE]
Clarify Circumstances in Which Senior Circuit Court Judges May
Vote in En Banc Cases (S. 531) (H. Rept. 104-697) [23JY]
[[Page 2989]]
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage (H.R. 3525) (H. Rept. 104-621) [17JN]
Clarify Rules Governing Court Venues (S. 677) (H. Rept. 104-800)
[17SE]
Clarify Rules Governing Removal of Cases to Federal Court (S. 533)
(H. Rept. 104-799) [17SE]
Codify Certain Transportation Laws (H.R. 2297) (H. Rept. 104-573)
[14MY]
Commission on Civil Rights Reauthorization (H.R. 3874) (H. Rept.
104-846) [26SE]
Confer Honorary U.S. Citizenship on Mother Teresa (H.J. Res. 191)
(H. Rept. 104-796) [17SE]
Congressional Consent to the Mutual Aid Agreement Between the
Cities of Bristol, VA, and Bristol, TN (H.J. Res. 166) (H.
Rept. 104-705) [24JY]
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact (H.J. Res. 129) (H. Rept. 104-485)
[18MR]
Control and Prevent Commercial Counterfeiting of Money (H.R. 2511)
(H. Rept. 104-556) [6MY]
Crimes Against Children and Elderly Persons Increased Punishment
Act (H.R. 2974) (H. Rept. 104-548) [1MY]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes (H.R. 3680) (H. Rept. 104-698) [24JY]
Defense of Marriage Act (H.R. 3396) (H. Rept. 104-664) [9JY]
Early Release of Prisoners Upon Completion of Drug Treatment
Programs (H.R. 2650) (H. Rept. 104-602) [31MY]
Eliminate Bilingual Voting Requirements (H.R. 351) (H. Rept. 104-
728) [31JY]
Fan Freedom and Community Protection Act (H.R. 2740) (H. Rept.
104-656) [8JY]
Federal Court Operations and Administration Improvements (H.R.
3968) (H. Rept. 104-798) [17SE]
Government Accountability Act (H.R. 3166) (H. Rept. 104-680)
[16JY]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) (H. Rept. 104-469) [4MR]
Interstate Stalking Punishment and Prevention Act (H.R. 2980) (H.
Rept. 104-557) [6MY]
Jennings Randolph Lake Management Between Maryland and West
Virginia (H.J. Res. 113) (H. Rept. 104-706) [24JY]
Lobbying Disclosure Act Technical Corrections (H.R. 3435) (H.
Rept. 104-699) [24JY]
National Film Preservation Board Reauthorization (H.R. 1734) (H.
Rept. 104-558) [6MY]
Office of Government Ethics Authorization Extension (H.R. 3235)
(H. Rept. 104-595) [29MY]
Parole Commission Phaseout Act (S. 1507) (H. Rept. 104-789) [16SE]
Patent and Trademark Office Conversion to Government Corporation
(H.R. 3460) (H. Rept. 104-784) [12SE]
Protect Proprietary Economic Information (H.R. 3723) (H. Rept.
104-788) [16SE]
Pueblo of Isleta Indian Tribe Land Claims Jurisdiction (H.R. 740)
(H. Rept. 104-694) [22JY]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies (H.R. 3307) (H. Rept. 104-859)
[28SE]
Release of Relevant Information on Violent Sex Offenders (H.R.
2137) (H. Rept. 104-555) [6MY]
Relief of Individuals Terminated From White House Travel Office
(H.R. 2937) (H. Rept. 104-484) [18MR]
Repeal Indian Trading Laws (H.R. 3215) (H. Rept. 104-681) [17JY]
Review of Criminal Records of Applicants for Security Officer
Employment (H.R. 2092) (H. Rept. 104-827) [24SE]
Satellite Home Viewer Act Technical Corrections (H.R. 1861) (H.
Rept. 104-554) [6MY]
U.S. Marshals Service Improvement Act (H.R. 2641) (H. Rept. 104-
541) [29AP]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers (H.R. 2803) (H. Rept. 104-618) [12JN]
Witness and Jury Retaliation and Tampering Prevention (H.R. 3120)
(H. Rept. 104-549) [1MY]
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE (House)
Bills and resolutions
Baker, Representative Richard H.: election (see H. Res. 467)
[26JN]
Committees of the House: majority party appointments (see H. Res.
462) [25JN]
------minority party appointments (see H. Res. 367, 408) [28FE]
[22AP]
Reports filed
Airline Pilot Hiring and Safety Act (H.R. 3536) (H. Rept. 104-684)
[17JY]
Appalachian Regional Commission Funding and Economic Development
Programs (H.R. 2145) (H. Rept. 104-693) [18JY]
Child Pilot Safety Act (H.R. 3267) (H. Rept. 104-683) [17JY]
Deepwater Port Act Amendments (H.R. 2940) (H. Rept. 104-692)
[18JY]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers (H.R. 4040) (H. Rept. 104-794) [17SE]
Disaster and Emergency Assistance Standards Relative to Snow-
Related Events (H.R. 3348) (H. Rept. 104-792) [17SE]
E. Barrett Prettyman U.S. Courthouse, Washington, DC (H.R. 3029)
(H. Rept. 104-588) [21MY]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems (H.R. 2747) (H. Rept. 104-515) [29MR]
Establish the FAA as an Independent Agency (H.R. 2276) (H. Rept.
104-475) [7MR]
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations (H.R. 3153) (H. Rept. 104-791)
[17SE]
FAA Programs Reauthorization (H.R. 3539) (H. Rept. 104-714) [26JY]
Mark O. Hatfield U.S. Courthouse, Portland, OR (H.R. 3134) (H.
Rept. 104-587) [21MY]
Metropolitan Washington Airports Authority Board of Review
Abolishment (H.R. 1036) (H. Rept. 104-596) [29MY]
NTSB Appropriations (H.R. 3159) (H. Rept. 104-682) [17JY]
Off-Budget Treatment for Certain Transportation Trust Funds (H.R.
842) (H. Rept. 104-499) [27MR]
Railroad Unemployment Insurance Act Amendments (H.R. 2594) (H.
Rept. 104-525) [18AP]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents (H.R. 3923) (H. Rept. 104-793) [17SE]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN (H.R. 3576)
(H. Rept. 104-781) [10SE]
Roman L. Hruska U.S. Courthouse, Omaha, NE (H.R. 3400) (H. Rept.
104-610) [6JN]
Sammy L. Davis Federal Building, Overland, MO (H.R. 3186) (H.
Rept. 104-609) [6JN]
Use of Capitol Grounds for Greater Washington Soap Box Derby (H.
Con. Res. 153) (H. Rept. 104-589) [21MY]
Use of Capitol Grounds for National Peace Officers' Memorial
Service (H. Con. Res. 147) (H. Rept. 104-488) [20MR]
Use of Capitol Grounds for Special Olympics Torch Relay (H. Con.
Res. 146) (H. Rept. 104-487) [20MR]
Use of Capitol Grounds for Summer Olympics Torch Relay (H. Con.
Res. 172) (H. Rept. 104-608) [6JN]
W. Edwards Deming Federal Building, Suitland, MD (H.R. 3535) (H.
Rept. 104-780) [10SE]
Water Resources Development Act (H.R. 3592) (H. Rept. 104-695)
[22JY]
William H. Natcher Bridge Designation (H.R. 3572) (H. Rept. 104-
626) [18JN]
William J. Nealon U.S. Courthouse, Scranton, PA (H.R. 3364) (H.
Rept. 104-611) [6JN]
COMMITTEE ON VETERANS' AFFAIRS (House)
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
523) [17SE]
Reports filed
Dept. of Veterans Affairs Medical Facility Projects and Leases
(H.R. 3376) (H. Rept. 104-574) [14MY]
Increase Service-Connected Disability Benefits for Veterans and
Survivors (H.R. 3458) (H. Rept. 104-647) [27JN]
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances (H.R. 3643) (H. Rept. 104-648) [27JN]
Reform and Improve Veterans Eligibility for Medical Care and
Services (H.R. 3118) (H. Rept. 104-690) [18JY]
Repair and Maintenance of War Memorials by the American Battle
Monuments Commission (H.R. 3673) (H. Rept. 104-649) [27JN]
Veterans Benefits Decision Revisions Based on Clear and
Unmistakable Error (H.R. 1483) (H. Rept. 104-571) [10MY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority (H.R.
3674) (H. Rept. 104-650) [27JN]
Veterans Programs and Benefits Improvements (H.R. 3373) (H. Rept.
104-572) [10MY]
COMMITTEE ON WAYS AND MEANS (House)
Bills and resolutions
Hayes, Representative: election (see H. Res. 343, 397) [25JA]
[29MR]
McNulty, Representative: election (see H. Res. 344) [25JA]
Reports filed
Adoption Promotion and Stability Act (H.R. 3286) (H. Rept. 104-
542) [6MY]
Board of Tea Experts Abolishment (H.R. 2969) (H. Rept. 104-467)
[4MR]
Export Controls Authority (H.R. 361) (H. Rept. 104-605) [5JN]
Foreign Trade Export Controls (H.R. 361) (H. Rept. 104-605) [27JN]
Foreign Trade Legislation Technical Corrections (H.R. 3815) (H.
Rept. 104-718) [29JY]
Gasoline Tax (H.R. 3415) (H. Rept. 104-576) [16MY]
Health Coverage Availability and Affordability Act (H.R. 3103) (H.
Rept. 104-496) [25MR]
International Dolphin Conservation Program Implementation (H.R.
2823) (H. Rept. 104-665) [23JY]
Iran and Libya Sanctions Act (H.R. 3107) (H. Rept. 104-523) [17JN]
Most-Favored-Nation Status for Bulgaria (H.R. 2853) (H. Rept. 104-
466) [29FE]
Most-Favored-Nation Status for Romania (H.R. 3161) (H. Rept. 104-
629) [19JN]
Most-Favored-Nation Status for the People's Republic of China
(H.J. Res. 182) (H. Rept. 104-634) [25JN]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip (H.R. 3074) (H. Rept.
104-495) [25MR]
Safeguard Taxpayer Rights (H.R. 2337) (H. Rept. 104-506) [28MR]
Shipbuilding Trade Agreement Act (H.R. 2754) (H. Rept. 104-524)
[18AP]
Small Business Job Protection Act (H.R. 3448) (H. Rept. 104-586)
[20MY]
Social Security Administration Demonstration Projects Extension
(H.R. 4039) (H. Rept. 104-786) [16SE]
Tax Treatment of Military Income Derived From Services Performed
During a Contingency Operation (H.R. 2778) (H. Rept. 104-465)
[29FE]
COMMITTEES OF THE HOUSE
Bills and resolutions
Baker, Representative Richard H.: election to the Committee on
Transportation and Infrastructure (House) (see H. Res. 467)
[26JN]
Committee on Standards of Official Conduct (House): authorizing
expenditures (see H. Res. 377) [7MR]
Funderburk, Representative: election to Committee on Agriculture
(House) (see H. Res. 509) [2AU]
Hayes, Representative: election to the Committee on Ways and Means
(House) (see H. Res. 343, 397) [25JA] [29MR]
House Rules: authority of the Committee on Rules (House) to report
rules or orders waiving the germaneness requirement (see H.
Res. 505) [1AU]
------improve committee operations, procedures, and staffing (see
H. Res. 480) [16JY]
------procedures of the Committee on Standards of Official Conduct
(House) (see H. Res. 346) [25JA]
[[Page 2990]]
------provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
------require witnesses at committee hearings to disclose Federal
grants or contracts received during current and previous
fiscal years (see H. Res. 486) [22JY]
------time limits on questioning of witnesses by Members of
certain standing committees and subcommittees (see H. Res.
550) [27SE]
Jackson, Representative: election to the Committee on Banking and
Financial Services (House) (see H. Res. 337) [5JA]
Klug, Representative: election to the Committee on Government
Reform and Oversight (House) (see H. Res. 485) [22JY]
McNulty, Representative: election to the Committee on Ways and
Means (House) (see H. Res. 344) [25JA]
Members of Congress: majority party appointments (see H. Res. 462)
[25JN]
------minority party appointments (see H. Res. 367, 408, 414, 447,
523) [28FE] [22AP] [25AP] [5JN] [17SE]
Neumann, Representative: election to the Committee on the Budget
(House) (see H. Res. 357) [1FE]
Parker, Representative: election to the Committee on
Appropriations (House) (see H. Res. 382) [14MR]
Serrano, Representative: election to the Committee on
Appropriations (House) (see H. Res. 383) [14MR]
COMMODITY CREDIT CORP.
Messages
CCC Report: President Clinton [22MY]
COMMODITY EXCHANGE ACT
Bills and resolutions
Commodities markets: amend rules relative to certain transactions
(see H.R. 4276) [28SE]
Contracts: regulatory requirements relative to the purchase or
sale of commodities from markets located abroad (see H.R.
3891) [24JY]
COMMON CARRIERS
related term(s) Aviation; Cargo Transportation; Motor Vehicles;
Railroads; Transportation
Bills and resolutions
Aviation: regulation of scheduled passenger air service at
reliever airports (see H.R. 3141) [21MR]
Crime: strengthen penalties and prohibitions against sabotage of
rail transportation or other mass transit (see H.R. 2949)
[1FE]
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
FAA: essential air service funding (see H.R. 3037) [6MR]
------regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
Railroads: hours of service of employees (see H.R. 3413) [8MY]
------improve rail transportation safety (see H.R. 3106, 3578)
[18MR] [5JN]
------reform the Federal Railroad Administration and improve
safety laws (see H.R. 3335) [25AP]
Transportation: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
Messages
Railroad Retirement Board: President Clinton [27SE]
COMMON SENSE LEGAL STANDARDS REFORM ACT
Appointments
Conferees: H.R. 956, provisions [13MR]
Bills and resolutions
Enact (H.R. 956): consideration of conference report (see H. Res.
394) [27MR]
Conference reports
Provisions (H.R. 956) [14MR]
Messages
Veto of H.R. 956, Provisions: President Clinton [6MY]
Motions
Enact (H.R. 956) [28FE] [29FE]
Reports filed
Consideration of Conference Report on H.R. 956, Provisions:
Committee on Rules (House) (H. Res. 394) (H. Rept. 104-503)
[27MR]
Provisions: Committee of Conference (H.R. 956) (H. Rept. 104-481)
[14MR]
COMMON SENSE PRODUCT LIABILITY LEGAL REFORM ACT
Bills and resolutions
Enact (H.R. 956): consideration of conference report (see H. Res.
394) [27MR]
Conference reports
Provisions (H.R. 956) [14MR]
Messages
Veto of H.R. 956, Provisions: President Clinton [6MY]
Reports filed
Consideration of Conference Report on H.R. 956, Provisions:
Committee on Rules (House) (H. Res. 394) (H. Rept. 104-503)
[27MR]
Provisions: Committee of Conference (H.R. 956) (H. Rept. 104-481)
[14MR]
COMMONWEALTH OF INDEPENDENT STATES
Bills and resolutions
Ukraine: anniversary of the Chornobyl nuclear reactor accident
(see H. Con. Res. 167) [24AP]
COMMUNICATIONS
see Telecommunications; Communications Act
COMMUNICATIONS ACT
Bills and resolutions
Telecommunications: continued operation of certain overlapping
stations (see H.R. 3073) [12MR]
COMMUNISM
Bills and resolutions
China, People's Republic of: most-favored-nation status (see H.J.
Res. 181, 182) [12JN] [13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
China, Republic of: U.S. policy on regional stability and defense
(see H. Con. Res. 148) [7MR]
Cuba: strengthen international economic sanctions and support
transition to democratically elected government (H.R. 927),
consideration of conference report (see H. Res. 370) [5MR]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Messages
National Emergency Relative to Cuba: President Clinton [4MR]
Reports filed
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
COMMUNITIES
see Urban Areas
COMMUNITY DEVELOPMENT
related term(s) Urban Areas
Bills and resolutions
Federal aid programs: deny community development block grants to
States that allow recovery of damages for injuries suffered in
the commission of a felony (see H.R. 3736) [27JN]
COMMUNITY REINVESTMENT ACT
Bills and resolutions
Financial institutions: consideration of a depository
institution's record on consumer fees relative to the
Community Reinvestment Act (see H.R. 3301) [23AP]
------require performance data reporting to verify availability of
credit on a nondiscriminatory basis (see H.R. 3826) [16JY]
COMMUNITY SERVICE
related term(s) Volunteer Workers
Bills and resolutions
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Liuzzo, Viola: tribute (see H. Res. 420) [1MY]
Public buildings: community use of public facilities that are
acquired, constructed, or rehabilitated using community
development block grants (see H.R. 3888) [24JY]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Reports filed
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
COMMUNITY SERVICES BLOCK GRANT ACT
Bills and resolutions
Federal aid programs: composition of boards of community action
agencies and nonprofit private organizations (see H.R. 4254)
[27SE]
COMPACTS
see Interstate Compacts
COMPREHENSIVE AIDS RESOURCES EMERGENCY ACT
Conference reports
Reauthorization (S. 641) [30AP]
Reports filed
Reauthorization: Committee of Conference (S. 641) (H. Rept. 104-
545) [30AP]
COMPREHENSIVE ANTITERRORISM ACT
Bills and resolutions
Enact (H.R. 2703): consideration (see H. Res. 376, 380) [7MR]
[12MR]
Motions
Enact (H.R. 2703) [13MR] [14MR]
Reports filed
Consideration of H.R. 2703, Provisions: Committee on Rules (House)
(H. Res. 380) (H. Rept. 104-480) [12MR]
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
Bills and resolutions
Courts: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Ecology and environment: eligibility for Federal assistance
relative to development of brownfield sites (see H.R. 3746)
[27JN]
------establish loan program for cleanup of brownfield sites (see
H.R. 3214) [29MR]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919, 3093) [31JA] [14MR]
COMPREHENSIVE TERRORISM PREVENTION ACT
Appointments
Conferees: S. 735, provisions [14MR]
Bills and resolutions
Enact (S. 735): consideration of conference report (see H. Res.
405) [17AP]
Conference reports
Provisions (S. 735) [15AP]
Motions
Enact (S. 735) [14MR]
Reports filed
Consideration of Conference Report on S. 735, Provisions:
Committee on Rules (House) (H. Res. 405) (H. Rept. 104-522)
[17AP]
Provisions: Committee of Conference (S. 735) (H. Rept. 104-518)
[15AP]
[[Page 2991]]
COMPUTERS
related term(s) Electronics; Technology; Telecommunications
Bills and resolutions
Abortion: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Children and youth: provide parental control of child access to
online services (see H.R. 3089) [14MR]
Congress: increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
Crime: prohibit certain uses of computers in the furtherance of
crimes (see H.R. 4095) [17SE]
Education: recognize businesses that participate with schools to
enhance the teaching and use of technology (see H.R. 3921)
[30JY]
Elections: provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
------require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
Foreign trade: prevent intellectual property piracy of databases
(see H.R. 3531) [23MY]
Freedom of Information Act: provide public access to information
in an electronic format (see H.R. 3802, 3885) [12JY] [24JY]
Freedom of speech: protection on-line and on the Internet (see
H.R. 3606) [10JN]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
House Rules: provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
------require Members to establish office policies relative to the
use of computer software, programs, and data bases (see H.
Res. 533) [24SE]
Information services: regulate use of personal information
obtained by interactive computer services (see H.R. 4113,
4299, 4326) [18SE] [28SE]
Law enforcement officers: establish a national clearinghouse to
assist in background checks of law enforcement applicants (see
H.R. 3263) [17AP]
National Telecommunications and Information Administration: report
on hate speech relative to the Internet (see H.R. 3781) [10JY]
NetDay96: tribute (see H. Res. 521) [12SE]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
Pornography: restrict transmission of obscene or indecent material
to minors by computer (see H.R. 3606) [10JN]
Schools: maximize use of available technology (see H.R. 4180)
[25SE]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
------treatment of computer software (see H.R. 4169) [25SE]
Technology: use, sale, and export of encryption products for
privacy and security (see H.R. 3011) [5MR]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
------protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
------reform policies regulating competition (S. 652),
consideration of conference report (see H. Res. 353) [31JA]
USIA: provide computer access to multilingual text and voice
recordings of VOA transcripts (see H.R. 3916) [30JY]
Conference reports
Telecommunications Act (S. 652) [31JA]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
Year 2000 Computer Software Conversion--Summary of Oversight
Findings and Recommendations: Committee on Government Reform
and Oversight (House) (H. Rept. 104-857) [27SE]
CONCORD, CA
Bills and resolutions
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
CONDIT, GARY A. (a Representative from California)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Air pollution: regulatory requirements relative to upwind
nonattainment areas (see H.R. 4339) [3OC]
Budget: reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------require President's budget submission to Congress include a
balanced budget plan (see H.R. 3379) [1MY]
Dos Palos, CA: conveyance of certain lands to the Dos Palos Ag
Boosters (see H.R. 4041) [10SE]
Employment: overtime requirements of certain law enforcement
employees working at police training facilities (see H.R.
4172) [25SE]
Pensions: prohibit certain transaction rules relative to 401(k)
pension plans (see H.R. 3688) [20JN]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Stanislaus County, CA: conveyance of certain lands (see H.R. 4088)
[17SE]
CONFERENCE REPORTS
Bills and resolutions
House Rules: imposition of ``Ramseyer requirement'' on conference
reports (see H. Res. 549) [27SE]
Texts of
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
AIDS Resources Emergency Act Reauthorization (S. 641) [30AP]
Agriculture Improvement and Reform Act (H.R. 2854) [25MR]
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Coast Guard Appropriations (S. 1004) [27SE]
Common Sense Product Liability Legal Reform Act (H.R. 956) [14MR]
Continuing Appropriations (H.R. 3019) [25AP] [30AP]
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Dept. of Defense Appropriations (H.R. 3610) [28SE]
Dept. of Defense Military Activities and Personnel Strengths
Appropriations (S. 1124) [22JA], (H.R. 3230) [30JY]
Dept. of Defense Military Construction, Family Housing, and Base
Realignment and Closure Appropriations (H.R. 3517) [30JY]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
District of Columbia Appropriations (H.R. 2546) [31JA], (H.R.
3845) [1AU]
Energy and Water Development Appropriations (H.R. 3816) [12SE]
FAA Programs Reauthorization (H.R. 3539) [26SE]
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Intelligence Services Appropriations (H.R. 3259) [24SE]
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Line Item Veto Act (S. 4) [21MR]
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res 178)
[7JN]
Small Business Job Protection Act (H.R. 3448) [1AU]
Telecommunications Act (S. 652) [31JA]
Water Resources Development Act (S. 640) [25SE]
Workforce and Career Development Act (H.R. 1617) [25JY]
CONGRESS
Appointments
Committee on Economics (Joint) [7MR]
Committee To Escort the President [23JA]
Conferees: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions
Adjournment (see H. Con. Res. 133, 141, 157, 192, 203, 230) [9JA]
[1FE] [29MR] [27JN] [26JY] [28SE]
------consideration (see H. Res. 465) [26JN]
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
Appropriations: public disclosure of funding used to conduct field
examinations of appropriation estimates (see H.R. 4293) [28SE]
------waive enrollment requirements for certain appropriations
legislation (see H.J. Res. 197) [28SE]
Baker, Representative Richard H.: election to the Committee on
Transportation and Infrastructure (House) (see H. Res. 467)
[26JN]
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------reform process (see H.R. 4285) [28SE]
------require President's budget submission to Congress include a
balanced budget plan (see H.R. 3379) [1MY]
------setting forth the Federal budget for 1996-2002 (H. Con. Res.
66), consideration (see H. Res. 424) [2MY]
------setting forth the Federal budget for 1997-2002 (see H. Con.
Res. 174, 178) [9MY] [14MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration (see H. Res. 435) [15MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration of conference report (see H. Res. 450)
[10JN]
------use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Business and industry: ensure congressional approval of compliance
costs relative to Government regulations (see H.R. 3277)
[18AP]
Cagney, James: award Congressional Gold Medal (see H.R. 3765)
[9JY]
Capitol Building and Grounds: authorizing use of Grounds for
Congressional Family Picnic (see H. Con. Res. 198) [11JY]
------recognize contributions of all American citizens in the
National Statuary Hall (see H. Con. Res. 158) [29MR]
------restoration of statue honoring women's suffrage and
relocation to the rotunda (see H. Con. Res. 216) [24SE]
[[Page 2992]]
Children and youth: proclaim as greatest U.S. asset (see H. Res.
434) [14MY]
China, People's Republic of: U.S. policy relative to membership in
World Trade Organization (see H.R. 4065) [12SE]
Clinton, President: notification that a quorum has assembled (see
H. Res. 325) [3JA]
Committee on Information (Joint): establish (see H.R. 4280) [28SE]
Computers: increase understanding and usage of the Internet (see
H. Con. Res. 185) [13JN]
Congressional Office of Compliance: approval of final regulations
relative to employing offices of the House of Representatives
(see H. Res. 400, 504; H. Con. Res. 207) [15AP] [1AU]
------provide educational assistance to employing offices of the
House of Representatives (see H. Res. 401) [15AP]
Constitution: duties (see H. Res. 431) [10MY]
Constitutional amendments: require a three-fifths majority on the
passage of legislation increasing revenue (see H.J. Res. 159)
[1FE]
------require a three-fifths majority on the passage of
legislation increasing revenue (H.J. Res. 159), consideration
(see H. Res. 395) [29MR]
------require a two-thirds majority on the passage of legislation
increasing revenue (see H.J. Res. 169) [28MR]
Crime: punish false statements during debate on the floor of
either House of Congress (see H.R. 3996) [2AU]
Elections: campaign ethics reform and contribution limits (see
H.R. 2944, 3053, 3274, 3505, 3543, 3588, 3760, 3800, 3820)
[1FE] [7MR] [18AP] [22MY] [29MY] [5JN] [9JY] [12JY] [16JY]
------campaign ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------campaign ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
------comply with campaign spending limits and enhance importance
of individual and intradistrict contributions (see H.R. 3912)
[26JY]
------constitutional amendment relative to expenditure of money to
elect public officials (see H.J. Res. 187) [25JY]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
------establish a temporary commission to recommend reforms for
Federal office (see H.R. 4327) [28SE]
------limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
------provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
------require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
------spending limits on Federal campaigns (see H.R. 3658) [13JN]
Emergency Management Assistance Compact: congressional consent
(see H.J. Res. 193) [17SE]
Emerson, Bill: tribute (see H. Res. 459) [25JN]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
Fry, Varian: award Congressional Gold Medal (see H.R. 3352) [30AP]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
Government: establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061, 4319) [11SE] [28SE]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Government regulations: require congressional approval of certain
proposed rules (see H.R. 2990) [28FE]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
------establish a commission on size of membership and election
process (see H.R. 4076) [12SE]
------establish disclosure requirements relative to franked mail
(see H.R. 3772) [10JY]
------fixing the hour of daily meeting (see H. Res. 327) [3JA]
------implementation of Office Waste Recycling Program (see H.
Res. 513) [2AU]
------limit election expenditures for candidates (see H.R. 3651)
[13JN]
------official mail allowance (see H.R. 3771) [10JY]
------official travel restrictions to foreign countries during
periods of lapsed appropriations (see H.R. 2841) [3JA]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
------printing of House Rules and Manual for 105th Congress (see
H. Res. 552) [28SE]
------prohibit recess or adjournment during periods of lapsed
appropriations (see H. Res. 332) [4JA]
------provide for a nonvoting delegate from the Northern Mariana
Islands (see H.R. 3879, 4067) [23JY] [12SE]
------reduce number of pieces of mail constituting a mass mailing
(see H.R. 3774) [10JY]
------require Members to submit annual reports on federally funded
travel for publication in the Congressional Record (see H.
Res. 423) [2MY]
------set date for convening of any organizational caucus or
conference for the 105th Congress (see H. Res. 551) [28SE]
------transition for new Members (see H.R. 3544) [29MY]
House Rules: allow consideration of floor amendments supported by
20 percent of both the majority and minority membership (see
H. Res. 548) [27SE]
------authority of the Committee on Rules (House) to report rules
or orders waiving the germaneness requirement (see H. Res.
505) [1AU]
------authority of the Speaker to declare recess (see H. Res. 330,
352) [3JA] [31JA]
------imposition of ``Ramseyer requirement'' on conference reports
(see H. Res. 549) [27SE]
------improve committee operations, procedures, and staffing (see
H. Res. 480) [16JY]
------postpone final action on legislative branch appropriations
until all other appropriations bills have been enacted (see H.
Res. 358) [1FE]
------prohibit foreign travel by retiring Members (see H. Res.
361) [1FE]
------provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
------question of privilege relative to public debt ceiling (see
H. Res. 354) [31JA]
------question of privilege relative to withdrawal of invitation
to Jacques Chirac to address a joint meeting of Congress (see
H. Res. 350) [30JA]
------random drug testing of officers and employees (see H. Res.
512) [2AU]
------reduce number of programs covered by appropriation bills
(see H. Res. 476, 514) [11JY] [2AU]
------reform trust relationships (see H. Res. 477) [12JY]
------require drug testing of Members, officers, and staff (see H.
Res. 510, 519) [2AU] [11SE]
------require Members to establish office policies relative to the
use of computer software, programs, and data bases (see H.
Res. 533) [24SE]
------same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules
(see H. Res. 412, 525, 546) [24AP] [19SE] [27SE]
------time limits on questioning of witnesses by Members of
certain standing committees and subcommittees (see H. Res.
550) [27SE]
Interstate Insurance Receivership Compact: congressional consent
(see H.J. Res. 189) [4SE]
Jackson, Representative: election to the Committee on Banking and
Financial Services (House) (see H. Res. 337) [5JA]
Klug, Representative: election to the Committee on Government
Reform and Oversight (House) (see H. Res. 485) [22JY]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
------making appropriations (see H.R. 3754) [8JY]
------making appropriations (H.R. 3754), consideration (see H.
Res. 473) [9JY]
Lobbyists: penalty for transmission of fraudulent communications
to Congress (see H.R. 3128) [20MR]
------prohibit use of funds by Federal agencies to lobby for or
against any legislative proposal (see H.R. 3078) [13MR]
------reform lobbying disclosure and gift rules (see H.R. 3140)
[21MR]
McNulty, Representative: election to the Committee on Ways and
Means (House) (see H. Res. 344) [25JA]
Members of Congress: deny Federal retirement annuities to Members
convicted of felonies (see H.R. 3310, 3447, 4011) [24AP]
[10MY] [2AU]
------eliminate automatic salary adjustments (see H.R. 3956) [2AU]
------retirement eligibility (see H.R. 3887) [24JY]
Monuments and memorials: prohibit extension or establishment of
any national monument in Idaho without public participation
and an express act of Congress [19SE]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147, 4214) [24SE] [26SE]
Neumann, Representative: election to the Committee on the Budget
(House) (see H. Res. 357) [1FE]
Northeast Interstate Dairy Compact: repeal consent of Congress
(see H.R. 3177, 4035) [27MR] [5SE]
105th Congress: set date for convening and the date for the
counting of electoral votes for President and Vice President
(see H.J. Res. 198) [28SE]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Permanent Performance Review Commission: establish (see H.R. 3982)
[2AU]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
Political ethics: restore integrity, goodwill, honesty, and trust
(see H.R. 3792) [11JY]
Public debt: ceiling (see H.R. 2862, 2896, 2897, 2920, 3136)
[22JA] [25JA] [31JA] [21MR]
------ceiling (H.R. 2409), engrossment (see H. Res. 356) [1FE]
------ceiling (H.R. 3136), consideration (see H. Res. 391) [27MR]
------ceiling (H.R. 3136), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
[[Page 2993]]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
Senate: notify that a quorum of the House of Representatives has
assembled (see H. Res. 326) [3JA]
Social Security: budget treatment of trust funds (see H.R. 2897)
[25JA]
------submit Board of Trustees report to Congress on Federal
hospital insurance trust fund (see H. Con. Res. 169) [1MY]
States: congressional consent for mutual aid agreement between the
cities of Bristol, VA, and Bristol, TN (see H.J. Res. 166)
[21MR]
Taxation: expand definition of limited tax benefits applicable to
line-item veto (see H.R. 3566) [4JN]
Telephones: impose fees for the allocation of toll-free phone
numbers (see H. Con. Res. 175) [10MY]
Washington, George: reading of Farewell Address at the beginning
of each Congress (see H. Con. Res. 222) [26SE]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
Conference reports
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Line Item Veto Act (S. 4) [21MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
[7JN]
Messages
Federal Budget for Fiscal Year 1997: President Clinton [6FE]
[19MR]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Motions
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY] [24JY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178) [30MY]
Constitutional amendments: require a three-fifths majority on the
passage of legislation increasing revenue (H.J. Res. 159)
[15AP]
------require a three-fifths majority on the passage of
legislation increasing revenue (H.J. Res. 159), consideration
(H. Res. 395) [15AP]
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
House Rules: same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules (H.
Res. 546) [28SE]
------same-day consideration of certain resolutions (H. Res. 412)
[25AP]
Legislative branch of the Government: making appropriations (H.R.
3754) [10JY] [30JY]
Public debt: ceiling (H.R. 3136) [28MR]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Congressional Consent to the Mutual Aid Agreement Between the
Cities of Bristol, VA, and Bristol, TN: Committee on the
Judiciary (House) (H.J. Res. 166) (H. Rept. 104-705) [24JY]
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002: Committee on Rules
(House) (H. Res. 450) (H. Rept. 104-615) [10JN]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY], (H.
Res. 495) (H. Rept. 104-729) [31JY]
Consideration of Congressional Adjournment: Committee on Rules
(House) (H. Res. 465) (H. Rept. 104-640) [26JN]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002: Committee on Rules (House) (H. Res. 435)
(H. Rept. 104-577) [15MY]
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue: Committee on
Rules (House) (H. Res. 395) (H. Rept. 104-513) [29MR]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Consideration of H.R. 3754, Legislative Branch of the Government
Appropriations: Committee on Rules (House) (H. Res. 473) (H.
Rept. 104-663) [9JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
House of Representatives Official Allowance That Represents
Administrative Reforms: Committee on House Oversight (House)
(H.R. 2739) (H. Rept. 104-482) [14MR]
House Rules Relative to Same-Day Consideration of Certain
Resolutions: Committee on Rules (House) (H. Res. 412) (H.
Rept. 104-535) [24AP]
House Rules Relative to the Speaker's Authority To Declare Recess:
Committee on Rules (House) (H. Res. 330) (H. Rept. 104-445)
[3JA], (H. Res. 352) (H. Rept. 104-457) [31JA]
Legislative Branch of the Government Appropriations: Committee of
Conference (H.R. 3754) (H. Rept. 104-733) [31JY]
------Committee on Appropriations (House) (H.R. 3754) (H. Rept.
104-657) [8JY]
Line Item Veto Act: Committee of Conference (S. 4) (H. Rept. 104-
491) [21MR]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives: Committee on Resources
(House) (H.R. 4067) (H. Rept. 104-856) [27SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Same-Day Consideration of Certain Resolutions and Consideration of
Legislation Under Suspension of the House Rules: Committee on
Rules (House) (H. Res. 525) (H. Rept. 104-809) [19SE], (H.
Res. 546) (H. Rept. 104-855) [27SE]
Setting Forth the Federal Budget for 1997-2002: Committee of
Conference (H. Con. Res. 178) (H. Rept. 104-612) [7JN]
------Committee on the Budget (House) (H. Con. Res. 178) (H. Rept.
104-575) [14MY]
Subdivision of Budget Totals for Fiscal Year 1997: Committee on
Appropriations (House) (H. Rept. 104-594) [23MY]
Year 2000 Computer Software Conversion--Summary of Oversight
Findings and Recommendations: Committee on Government Reform
and Oversight (House) (H. Rept. 104-857) [27SE]
CONGRESSIONAL ACCOUNTABILITY ACT
Bills and resolutions
Congressional Office of Compliance: approval of final regulations
relative to employing offices of the House of Representatives
(see H. Res. 400, 504; H. Con. Res. 207) [15AP] [1AU]
------provide educational assistance to employing offices of the
House of Representatives (see H. Res. 401) [15AP]
CONGRESSIONAL BUDGET ACT
Bills and resolutions
Amend (see H.R. 4142) [24SE]
CONGRESSIONAL BUDGET OFFICE
Bills and resolutions
Budget: require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
Taxation: require use of dynamic economic modeling in the
preparation of estimates of proposed changes in Federal
revenue law (see H. Con. Res. 170) [2MY]
Messages
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
CONGRESSIONAL RECORD
Bills and resolutions
House of Representatives: require Members to submit annual reports
on federally funded travel for publication in the
Congressional Record (see H. Res. 423) [2MY]
CONNECTICUT
Bills and resolutions
Dept. of Defense: treatment of expenses for contractors who
relocate due to cessation of military activities at the
Stratford Army Engine Plant (see H.R. 4340) [3OC]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Silvio O. Conte National Fish and Wildlife Refuge Eminent Domain
Prevention Act: Committee on Resources (House) (H.R. 2909) (H.
Rept. 104-579) [16MY]
CONSERVATION OF ENERGY
Bills and resolutions
Energy Policy and Conservation Act: extend certain programs (see
H.R. 4083) [17SE]
Reports filed
Energy Policy and Conservation Act Programs Extension: Committee
on Commerce (House) (H.R. 4083) (H. Rept. 104-814) [20SE]
CONSERVATION OF NATURAL RESOURCES
related term(s) Ecology and Environment; Natural Resources
Bills and resolutions
Anadromous Fish Conservation Act: reauthorize (see H.R. 4139)
[24SE]
California: pilot project in the Plumas, Lassen, and Tahoe
National Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
------promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
Dept. of Agriculture: extend contracts under the Conservation
Reserve Program (see H.R. 4336) [1OC]
[[Page 2994]]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: designate (see H.R. 3387) [1MY]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Public lands: enhance conservation and protection of Boundary
Waters Canoe Area Wilderness and Voyageurs National Park (see
H.R. 3470) [16MY]
Real estate: tax credit for transfer of certain property for
conservation purposes (see H.R. 4201) [26SE]
San Isabel National Forest, CO: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Taxation: incentives for endangered species conservation (see H.R.
3811) [12JY]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Wetlands: promote restoration, conservation, and enhancement
through establishment of a mitigation banking program (see
H.R. 3692) [20JN]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Reports filed
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
Water Resources Development Act: Committee on Transportation and
Infrastructure (House) (H.R. 3592) (H. Rept. 104-695) [22JY]
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
Bills and resolutions
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
CONSOLIDATED FARM SERVICE AGENCY
Bills and resolutions
Federal aid programs: provide grace period for lending to
delinquent borrowers (see H.R. 3236) [15AP]
CONSTITUTIONAL AMENDMENTS
Bills and resolutions
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue (see
H.J. Res. 159) [1FE]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (see H. Res. 395) [29MR]
------constitutional amendment to require a two-thirds majority on
the passage of legislation increasing revenue (see H.J. Res.
169) [28MR]
Courts: constitutional amendment to provide that Federal judges be
reconfirmed by the Senate every 6 years (see H.J. Res. 160)
[16FE]
------constitutional amendment to provide that Federal judges be
reconfirmed by the Senate every 8 years (see H.J. Res. 164)
[19MR]
Crime: constitutional amendment on protection of victims' rights
(see H.J. Res. 173, 174) [22AP]
Elections: constitutional amendment relative to expenditure of
money to elect public officials (see H.J. Res. 171, 187)
[29MR] [25JY]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
Electoral College: abolish (see H.J. Res. 180) [12JN]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 177) [30AP]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 161, 184) [28FE] [16JY]
Government: limit judicial authority (see H.J. Res. 167) [21MR]
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
President and Vice President: constitutional amendment on direct
popular election (see H.J. Res. 180) [12JN]
Taxation: constitutional amendment to abolish Federal income tax
(see H.J. Res. 176) [24AP]
Motions
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (H. Res. 395) [15AP]
Reports filed
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue: Committee on
Rules (House) (H. Res. 395) (H. Rept. 104-513) [29MR]
CONSTITUTION--U.S.
Bills and resolutions
Congress: constitutional duties (see H. Res. 431) [10MY]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
Freedom of religion: enforce constitutional rights (see H.R. 4129,
4130) [20SE]
CONSTRUCTION INDUSTRIES
Bills and resolutions
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3404, 3406) [7MY]
Dept. of Labor: use of inspectors that meet established standards
(see H.R. 3216) [29MR]
Dept. of Veterans Affairs: authorize medical facility projects and
leases (see H.R. 3376) [1MY]
------revise ranking process of applicants and limit awards to
States for certain construction grants (see H.R. 3722) [26JN]
Metric system: conversion requirements (see H.R. 4233) [27SE]
Minorities: prohibit discrimination relative to surety bonding
requirements (see H.R. 3702) [24JN]
Roads and highways: reuse or disposal of construction and
demolition debris (see H.R. 3522) [23MY]
Reports filed
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
CONSUMER CREDIT PROTECTION ACT
Bills and resolutions
Consumer leases: amend provisions (see H.R. 3515) [22MY]
CONSUMER PRODUCT SAFETY COMMISSION
Bills and resolutions
Safety: implement nonanimal acute toxicity testing for evaluation
of consumer products (see H.R. 3173) [27MR]
CONSUMERS
related term(s) Credit; Product Safety
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
------H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions
Agriculture: repeal restrictions on colored margarine (see H.R.
2860) [5JA]
Chemicals: regulatory requirements relative to child safety (see
H.R. 4234) [27SE]
Child labor: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Consumer Credit Protection Act: amend consumer lease provisions
(see H.R. 3515) [22MY]
Courts: product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
Credit cards: require standard annual percentage rate of interest
to open certain accounts (see H.R. 4320) [28SE]
Dept. of HHS: prepare and publish a consumer guide to prescription
drug prices (see H.R. 3059) [8MR]
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3404, 3406) [7MY]
Electric power: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
Financial institutions: consideration of a depository
institution's record on consumer fees relative to the
Community Reinvestment Act (see H.R. 3301) [23AP]
------imposition of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3221, 3246) [29MR] [15AP]
------increase competition in the financial services sector and
merge commercial bank and savings association charters (see
H.R. 4182) [25SE]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
Health: liability of raw material and component suppliers to
medical device manufacturers (see H.R. 3468) [16MY]
------protection of enrollees in managed care plans and health
maintenance organizations (see H.R. 4220) [26SE]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
Insurance: establish consumer protection standards for the
purchase of long-term care insurance (see H.R. 3381) [1MY]
Investments: regulation and management of financial markets (see
H.R. 3005) [5MR]
Labeling: require ingredient labeling for malt beverages, wine,
and distilled spirits (see H.R. 3115) [19MR]
Medicare: access to medigap supplemental insurance for enrollees
in both traditional and managed care plans (see H.R. 3374)
[1MY]
------establish consumer protections for supplemental insurance
plans (see H.R. 4047) [11SE]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
Postal Service: treatment of deceptive or misleading mail (see
H.R. 3884) [24JY]
Public utilities: provide for competition in electric power
industry (see H.R. 3790) [11JY]
------revision of the regulatory policies governing public utility
holding companies (see H.R. 3601) [6JN]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
Safety: implement nonanimal acute toxicity testing for evaluation
of consumer products (see H.R. 3173) [27MR]
Ships and vessels: protect hull designs from unauthorized
duplication (see H.R. 4159) [24SE]
Social Security: provide enrollment period for Medicare and
medigap relative to certain military retirees and dependents
(see H.R. 4298) [28SE]
Tariff: skis and snowboards (see H.R. 4212) [26SE]
Telecommunications: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
Truth in Lending Act: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
[[Page 2995]]
Conference reports
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Messages
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Reports filed
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance: Committee on Commerce (House) (H.R. 447) (H. Rept.
104-753) [2AU]
Financial Institutions Regulatory Process and Paperwork
Requirements Reform: Committee on Banking and Financial
Services (House) (H.R. 1858) (H. Rept. 104-103) [18JN]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Economic and Educational
Opportunities (House) (H.R. 995) (H. Rept. 104-498) [25MR]
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
CONTE, SILVIO O. (a former Representative from Massachusetts)
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Silvio O. Conte National Fish and Wildlife Refuge Eminent Domain
Prevention Act: Committee on Resources (House) (H.R. 2909) (H.
Rept. 104-579) [16MY]
CONTINENTAL SHELF
see Outer Continental Shelf
CONTRA COSTA COUNTY, CA
Bills and resolutions
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
CONTRACT WITH AMERICA ADVANCEMENT ACT
Bills and resolutions
Enact (see H.R. 3136) [21MR]
Enact (H.R. 3136): consideration (see H. Res. 391) [27MR]
------waiving enrollment requirements (see H.J. Res. 168) [26MR]
Motions
Enact (H.R. 3136) [28MR]
Reports filed
Consideration of H.R. 3136, Provisions: Committee on Rules (House)
(H. Res. 391) (H. Rept. 104-500) [27MR]
CONTRACTS
Appointments
Conferees: H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions
Arbitration: allow choice as a means of settling disputes (see
H.R. 3422) [9MY]
Business and industry: establish requirements relative to rent-to-
own transactions (see H.R. 3003) [5MR]
------minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
Buy American Act: compliance relative to use of articles,
materials, and supplies abroad (see H.R. 4265) [27SE]
Commodity Exchange Act: regulatory requirements relative to the
purchase or sale of commodities from markets located abroad
(see H.R. 3891) [24JY]
Courts: determination of cases alleging breach of secret
Government contracts (see H.R. 4224) [26SE]
Defense industries: establish limitations on taxpayer-financed
compensation for defense contractors (see H.R. 3512) [22MY]
Dept. of Agriculture: payment rate for barley (see H.R. 4002)
[2AU]
Dept. of Defense: funding reductions (see H.R. 3202) [29MR]
------procurement of aircraft landing gear manufactured and
assembled in the U.S. (see H.R. 3171) [27MR]
------prohibit additional payments and revise certain reporting
requirements for restructuring costs under defense contracts
(see H.R. 3608) [10JN]
------prohibit payment under defense contracts of restructuring
costs for mergers or acquisitions (see H.R. 3433) [10MY]
------restore missing person status to certain civilian and
contractor employees (see H.R. 4000) [2AU]
------revise reporting requirements of cost restructuring on
defense contracts (see H.R. 3444) [10MY]
------treatment of expenses for contractors who relocate due to
cessation of military activities at the Stratford Army Engine
Plant (see H.R. 4340) [3OC]
Employment: prohibit discrimination in awarding Federal contracts
on the basis of labor policies (see H.R. 3095) [14MR]
------provide an exemption of overtime compensation for employees
of contractors of the Federal Government (see H.R. 3094)
[14MR]
Federal contracts: require employers to provide health and pension
plans (see H.R. 3528) [23MY]
------require wages paid be above local poverty line (see H.R.
3229, 3463) [29MR] [15MY]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
------authorize alternative dispute resolution systems (see H.R.
2977, 4194) [27FE] [26SE]
------improve debt-collection and credit evaluation practices (see
H.R. 3809) [12JY]
------limit Federal agency payments to contractors for the
compensation of any individual (see H.R. 3513) [22MY]
------prohibit bundling of contract requirements in procurement
(see H.R. 3934) [31JY]
------relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
------requirements for leasing of space by Federal agencies (see
H.R. 2904) [26JA]
------treatment of Federal contracts relative to shutdowns (see
H.R. 2963) [6FE]
Health: prohibit certain clauses and programs in health care
insurance and employment contracts (see H.R. 3222) [29MR]
------prohibit certain clauses in health plans that indemnify the
insurer against liability (see H.R. 3695) [20JN]
House Rules: require witnesses at committee hearings to disclose
Federal grants or contracts received during current and
previous fiscal years (see H. Res. 486) [22JY]
Medicare: contract reform (see H.R. 3132) [20MR]
Native Americans: repeal Indian trading laws (see H.R. 3215)
[29MR]
Public lands: recovery and disposal of helium (see H.R. 3008)
[5MR]
Small business: provide development assistance to economically
disadvantaged individuals (see H.R. 3994) [2AU]
------strengthen Federal contracting opportunities and assess
impact of contract bundling by Federal agencies (see H.R.
4313) [28SE]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Restore Missing Person Status to Certain Dept. of Defense Civilian
and Contract Employees: Committee on National Security (House)
(H.R. 4000) (H. Rept. 104-806) [17SE]
CONYERS, JOHN, JR. (a Representative from Michigan)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
------H.R. 3103, Health Coverage Availability and Affordability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1004, Coast Guard appropriations [29FE]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
Bills and resolutions introduced by
Crime: Federal penalties for carjacking (see H.R. 3676) [19JN]
Intelligence services: require separate, unclassified statements
of the aggregate amount of budget outlays for intelligence
activities (see H.R. 3392) [6MY]
Voting: secure rights of former felons who have been released from
incarceration (see H.R. 3028) [6MR]
Motions offered by
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125) [22MR]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [11SE]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [14MR]
COOKEVILLE, TN
Bills and resolutions
L. Clure Morton Post Office and Courthouse: designate (see H.R.
4070) [12SE]
COOLEY, WES (a Representative from Oregon)
Bills and resolutions introduced by
BLM: authorizing appropriations (see H.R. 3290) [23AP]
Monuments and memorials: prohibit extension or establishment of
any national monument in Oregon without public participation
and an express act of Congress (see H.R. 4294) [28SE]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
William L. Jess Dam and Intake Structure, Jackson County, OR:
designate (see H.R. 3875) [23JY]
COOPERATIVE FISHERIES MANAGEMENT ACT
Reports filed
Provisions: Committee on Resources (House) (H.R. 2160) (H. Rept.
104-517) [15AP]
COPYRIGHTS
related term(s) Patents
Bills and resolutions
China, People's Republic of: increased tariffs relative to
intellectual property rights (see H.R. 3421) [8MY]
------membership in World Trade Organization relative to
protection of intellectual property rights (see H. Res. 429)
[9MY]
[[Page 2996]]
Flag--U.S.: copyright and impose criminal penalties for
desecration (see H.R. 3883) [23JY]
Foreign trade: prevent intellectual property piracy of databases
(see H.R. 3531) [23MY]
CORPORATE INDEPENDENCE COMMISSION
Bills and resolutions
Establish (see H.R. 3351) [30AP]
CORPORATION FOR PUBLIC BROADCASTING
Bills and resolutions
Public broadcasting: promote financial self-sufficiency (see H.R.
2979) [28FE]
Messages
Report: President Clinton [9JY]
CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY
Bills and resolutions
Abolish (see H.R. 3466) [15MY]
CORPORATIONS
related term(s) Business and Industry
Appointments
Conferees: H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions
Business and industry: acquisition of domestically-developed
technology by U.S. companies (see H. Con. Res. 202) [25JY]
------discourage relocation to foreign countries and encourage
creation of new jobs (see H.R. 3252) [16AP]
------reduce Federal subsidies and strengthen tax treatment of
individuals who renounce their citizenship (see H.R. 4122)
[19SE]
Charities: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
Corporate Independence Commission: establish (see H.R. 3351)
[30AP]
D&S International, Inc.: relief (see H.R. 3502) [21MY]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Taxation: allow companies to donate scientific equipment to
schools (see H.R. 3498) [21MY]
------apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
------reduce certain benefits allowable to profitable, large
corporations that make workforce reductions (see H.R. 3333)
[25AP]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of corporations (see H.R. 3102) [14MR]
------treatment of tax free corporate liquidations and receipt of
debt-financed property in such a liquidation (see H.R. 4243)
[27SE]
Conference reports
Small Business Job Protection Act (H.R. 3448) [1AU]
Motions
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
Reports filed
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
CORPS OF ENGINEERS
Appointments
Conferees: S. 640, civil works programs appropriations
reauthorization [18SE]
Bills and resolutions
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
Coastal zones: clarify Corps of Engineers responsibilities to
promote and carry out shore protection projects (see H.R.
3551) [29MY]
Disasters: conduct study of mitigation banks (see H.R. 4211)
[26SE]
Floods: construction of flood control project on the Sacramento
and American Rivers, CA (see H.R. 3270) [18AP]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Mariemont, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 3072) [12MR]
Steubenville, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 4021) [4SE]
Washington Aqueduct: authorize capital improvements (see H.R.
2917) [31JA]
Water: authorize conservation and river and harbor improvement
projects (see H.R. 3563, 3592) [4JN] [6JN]
Conference reports
Water Resources Development Act (S. 640) [25SE]
Motions
Water: authorize conservation and river and harbor improvement
projects (H.R. 3592) [30JY]
Reports filed
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
CORPUS CHRISTI, TX
Bills and resolutions
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
Reports filed
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
CORRECTIONAL INSTITUTIONS
Bills and resolutions
Armed Forces: establish criminal sentence of life without parole
and make denials of parole appealable only to the President
(see H.R. 4104) [18SE]
Capital punishment: attendance by families of victims at the
execution of the murderers (see H.R. 3220) [29MR]
Contracts: minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
Courts: withhold Federal collateral remedies in State cases unless
inadequate State habeus corpus procedures are shown to exist
(see H.R. 2955) [1FE]
Crime: prosecution of violent, repeat, juvenile offenders (see
H.R. 3565, 3698) [4JN] [20JN]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------treatment of Federal prisoners (see H.R. 3206) [29MR]
Employment: prevent services performed by inmates from being
treated as employment (see H.R. 3858) [18JY]
Federal prisons: reform (see H.R. 3490, 3655) [16MY] [13JN]
Law enforcement: report deaths of persons in custody (see H.R.
3242) [15AP]
Nonprofit organizations: use of Federal prison labor (see H.R.
3776) [10JY]
Voting: secure rights of former felons who have been released from
incarceration (see H.R. 3028) [6MR]
Reports filed
Early Release of Prisoners Upon Completion of Drug Treatment
Programs: Committee on the Judiciary (House) (H.R. 2650) (H.
Rept. 104-602) [31MY]
Parole Commission Phaseout Act: Committee on the Judiciary (House)
(S. 1507) (H. Rept. 104-789) [16SE]
COURTS
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
National Commission on the Advancement of Federal Law Enforcement
[23JY]
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
Airlines and airports: provide protection for airline employees
who provide certain air safety information (see H.R. 3187)
[28MR]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Armed Forces: allow personal injury actions against military
health care professionals (see H.R. 4221) [26SE]
------establish criminal sentence of life without parole and make
denials of parole appealable only to the President (see H.R.
4104) [18SE]
Business and industry: authorize judicial review of agency
certifications of the economic impact of regulations on small
entities (see H.R. 3048) [7MR]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
Capital punishment: attendance by families of victims at the
execution of the murderers (see H.R. 3220) [29MR]
Carl B. Stokes U.S. Courthouse, Cleveland, OH: designate (see H.R.
4133) [24SE]
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Children and youth: require initial intake screenings and the use
of youth development specialists in Federal juvenile
proceedings (see H.R. 4055) [11SE]
Commission on Civil Rights: subpoena power (see H.R. 3009) [5MR]
Constitutional amendments: limit judicial authority (see H.J. Res.
167) [21MR]
------provide that Federal judges be reconfirmed by the Senate
every 6 years (see H.J. Res. 160) [16FE]
------provide that Federal judges be reconfirmed by the Senate
every 8 years (see H.J. Res. 164) [19MR]
Contracts: allow choice of arbitration as a means of settling
disputes (see H.R. 3422) [9MY]
------determination of cases alleging breach of secret Government
contracts (see H.R. 4224) [26SE]
Correctional institutions: reform Federal prisons (see H.R. 3490,
3655) [16MY] [13JN]
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------constitutional amendment on protection of victims' rights
(see H.J. Res. 173, 174) [22AP]
------death penalty sentencing for certain importations of
significant quantities of controlled substances (see H.R.
4170) [25SE]
------development and implementation of national financial crimes
strategy (see H.R. 3931) [31JY]
------establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
------extend certain statutes of limitation (see H.R. 4342) [3OC]
------Federal penalties for carjacking (see H.R. 3676) [19JN]
------identify violent and hard-core juvenile offenders and treat
them as adults (see H.R. 3494) [20MY]
------increase mandatory minimum penalties relative to the
possession of firearms (see H.R. 3454) [14MY]
[[Page 2997]]
------increase penalties for armed violent criminals (see H.R.
3085) [14MR]
------increase penalties relative to crimes against senior
citizens and children (see H.R. 2974) [27FE]
------increase penalties relative to crimes against senior
citizens and children (H.R. 2974), consideration (see H. Res.
421) [2MY]
------interjurisdictional enforcement of protection orders and
redefinition of victims relative to stalking (see H.R. 2954,
2980) [1FE] [28FE]
------mandatory life imprisonment for second conviction of
individuals for certain felonies (see H.R. 3223) [29MR]
------national policy to control crime and reform court procedures
(see H.R. 2992) [29FE]
------nationwide tracking of convicted sexual predators (see H.R.
3456) [14MY]
------penalties for certain sex offenses against children (see
H.R. 3180) [28MR]
------penalties for fraud and related activity involving work
authorization documents relative to Social Security cards (see
H.R. 3724) [26JN]
------penalties relative to distribution of controlled substances
with the intent to facilitate a rape or sexual battery (see
H.R. 3341, 3905) [25AP] [25JY]
------penalties relative to drug-facilitated crimes involving
violence or sexual assault (see H.R. 4137) [24SE]
------penalties relative to endangerment of children in hostage
situations (see H.R. 4121) [19SE]
------prohibit certain false statements, soliciting, or receipt of
compensation relative to adoptions (see H.R. 3983) [2AU]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565, 3698) [4JN] [20JN]
------protect proprietary economic information (see H.R. 3723)
[26JN]
------reduce certain funds if eligible States do not enact certain
laws (see H.R. 3243) [15AP]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------sentencing guidelines for possession of a firearm during
commission of a crime (see H.R. 4181) [25SE]
------sentencing guidelines for possession of a firearm with a
laser sighting device during commission of a crime (see H.R.
2991) [29FE]
------treatment of Federal prisoners (see H.R. 3206) [29MR]
------treatment of the production, sale, transportation, or
possession of fictitious financial instruments (see H.R. 2986)
[28FE]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 3814), consideration (see H. Res. 479)
[16JY]
------making appropriations (see H.R. 3814) [16JY]
Diseases: research on the human papilloma virus relative to
cervical cancer (see H. Con. Res. 156) [27MR]
District of Columbia: treatment of pension funds relative to
certain public employees (see H.R. 3389) [2MY]
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------prevent manufacturing and use of methamphetamine (see H.R.
3852, 3908) [18JY] [26JY]
------sentencing of persons convicted of lesser drug offenses (see
H.R. 3080) [13MR]
------treatment of sentences relative to powdered cocaine (see
H.R. 3154, 3196, 4038) [22MR] [28MR] [9SE]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: designate
(see H.R. 3029) [6MR]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
ERISA: amend rules governing litigation relative to retiree health
benefits (see H.R. 4237) [27SE]
Families and domestic relations: child support enforcement (see
H.R. 3362, 3453, 3465, 4341) [30AP] [14MY] [15MY] [3OC]
------payment of settlements to individuals relative to child
support and alimony obligations (see H.R. 3895) [25JY]
Federal aid programs: deny community development block grants to
States that allow recovery of damages for injuries suffered in
the commission of a felony (see H.R. 3736) [27JN]
Federal courts: improve operation and administration (see H.R.
3968, 4314) [2AU] [28SE]
Federal Employees Group Life Insurance Program: coverage of
certain judicial officials (see H.R. 3295) [23AP]
Federal-State relations: limit authority of judicial remedies to
force State and local governments to assess, levy, or collect
taxes (see H.R. 3100) [14MR]
Financial institutions: enhance surveillance pictures for use in
criminal prosecutions (see H.R. 3533) [23MY]
------treatment of certain claims against depository institutions
under receivership by Federal banking agencies (see H.R. 3892)
[24JY]
Firearms: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
------mandatory minimum penalties for use during commission of a
Federal crime (see H.R. 3382, 3988) [1MY] [2AU]
Flag--U.S.: copyright and impose criminal penalties for
desecration (see H.R. 3883) [23JY]
Foreign countries: violations of arbitral obligations under
international law (see H.R. 2970) [23FE]
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (see H.R. 3166)
[27MR]
------applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (H.R. 3166), concur
with Senate amendments (see H. Res. 535) [25SE]
------assure operations are free of racial, sexual, and ethnic
discrimination (see H.R. 3190) [28MR]
------authorize alternative dispute resolution systems (see H.R.
2977, 4194) [27FE] [26SE]
------establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061, 4319) [11SE] [28SE]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
Government regulations: require congressional approval of certain
proposed rules (see H.R. 2990) [28FE]
Habeus corpus: withhold Federal collateral remedies in State cases
unless inadequate State procedures are shown to exist (see
H.R. 2955) [1FE]
Health: liability of raw material and component suppliers to
medical device manufacturers (see H.R. 3468) [16MY]
------protection of enrollees in managed care plans and health
maintenance organizations (see H.R. 4220) [26SE]
Health care professionals: exempt from liability for negligence
relative to services performed for low-income individuals (see
H.R. 2938) [1FE]
Human rights: remedies for claims involving human experimentation
and constitutional and human rights violations (see H.R. 3946)
[1AU]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence Against Women: ratification (see H.
Con. Res. 182) [6JN]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
Judges: provide that proceedings against a judge be held in a
circuit other than the circuit within which the judge serves
(see H.R. 3026) [6MR]
------residency requirement quotas in each Federal judicial
circuit Court of Appeals (see H.R. 3045) [7MR]
Juvenile Justice and Delinquency Prevention Act: authorizing
appropriations (see H.R. 3876) [23JY]
L. Clure Morton Post Office and Courthouse, Cookeville, TN:
designate (see H.R. 4070) [12SE]
Law enforcement: prevent retaliation and tampering of witnesses
and jury members (see H.R. 3120) [20MR]
------prevent retaliation and tampering of witnesses and jury
members (H.R. 3120), consideration (see H. Res. 422) [2MY]
------report deaths of persons in custody (see H.R. 3242) [15AP]
Lawyers and attorneys: payment of the costs of court-appointed
attorneys in certain criminal cases (see H.R. 3027) [6MR]
Louisiana: appointment of an additional Federal judge for the
middle district of Louisiana (see H.R. 3046) [7MR]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Mark O. Hatfield U.S. Courthouse, Portland, OR: designate (see
H.R. 3134) [21MR]
Marriage: define and protect institution (see H.R. 3396) [7MY]
------define and protect institution (H.R. 3396), consideration
(see H. Res. 474) [10JY]
Medicaid: reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
Medicare: liability waiver for home health agencies, hospice
programs, and skilled nursing facilities (see H.R. 3678)
[19JN]
Medicare/Medicaid: use of bankruptcy courts by suppliers and
providers to discharge claims and by professionals excluded
from health care programs seeking automatic stays from
exclusion (see H.R. 4219) [26SE]
National cemeteries: penalties for theft and malicious vandalism
(see H.R. 3901) [25JY]
National Center for Rural Law Enforcement: establish (see H.R.
4140) [24SE]
Native Americans: exempt certain adoption and child custody
proceedings from coverage under the Indian Child Welfare Act
(see H.R. 3275) [18AP]
------exempt voluntary child custody proceedings from coverage
(see H.R. 3156) [22MR]
------regulations relative to certain adoption and child custody
proceedings (see H.R. 3828) [16JY]
New, Michael: reverse court-martial relative to refusal to wear
U.N. uniform insignia (see H. Con. Res. 134) [25JA]
Ninth judicial circuit: divide into two circuits (see H.R. 2935)
[1FE]
NLRB: allow individuals against whom injunctive relief is sought
an opportunity to review and respond to legal memoranda and
documents (see H.R. 3091) [14MR]
Perot, H. Ross: inclusion in Presidential debates (see H. Res.
555) [30SE]
Product liability: reform (H.R. 956), consideration of conference
report (see H. Res. 394) [27MR]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Public welfare programs: reform relative to domestic violence (see
H. Con. Res. 195) [27JN]
Real property: protect private property from forfeiture or
Government seizure (see H.R. 3194) [28MR]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: designate
(see H.R. 3576) [4JN]
Roman L. Hruska U.S. Courthouse, Omaha, NE: designate (see H.R.
3400) [7MY]
Sam M. Gibbons U.S. Courthouse, Tampa, FL: designate (see H.R.
3710) [25JN]
Small business: provide legal redress for unfair trade practices
(see H.R. 3967) [2AU]
Social Security Administration: provide for disclosure of Social
Security account numbers relative to judgments, decrees, or
court issued orders (see H.R. 3110) [19MR]
States: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------establish registration, tracking, and community notification
procedures relative to convicted sex offenders (see H. Con.
Res. 196) [10JY]
Supreme Court: extend authority of the Marshal of the Supreme
Court and the Supreme Court Police (see H.R. 4164) [25SE]
Swain County, NC: settlement of claims against the Federal
Government (see H.R. 4112) [18SE]
Taxation: treatment of legal expenses relative to sexual
harassment suits (see H.R. 3530) [23MY]
[[Page 2998]]
Ted Weiss U.S. Courthouse, New York, NY: designate (see H.R. 3941,
4042) [1AU] [10SE]
U.S. Immigration Court: establish (see H.R. 4258) [27SE]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
United Houma Nation: Federal recognition and settlement of land
claims (see H.R. 3671) [18JN]
Veterans: authorize financial assistance for legal representation
in Court of Veterans Appeals proceedings (see H.R. 3493, 3506)
[20MY] [22MY]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
W. Edwards Deming Federal Building, Suitland, MD: designate (see
H.R. 3535) [23MY]
William Augustus Bootle Federal Building and U.S. Courthouse,
Macon, GA: designate (see H.R. 4119) [19SE]
William J. Nealon U.S. Courthouse, Scranton, PA: designate (see
H.R. 3364) [30AP]
Witnesses: provide access to legal counsel during grand jury
testimony (see H.R. 4193) [26SE]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
Messages
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 2076), veto [3JA]
------making appropriations (H.R. 3814) [24JY]
Marriage: define and protect institution (H.R. 3396) [12JY]
Product liability: reform (H.R. 956) [28FE] [29FE]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
------Committee on the Judiciary (House) (H.R. 2977) (H. Rept.
104-597) [29MY]
Bankruptcy Judge Appointments: Committee on the Judiciary (House)
(H.R. 2604) (H. Rept. 104-569) [9MY]
Carjacking Correction Act: Committee on the Judiciary (House)
(H.R. 3676) (H. Rept. 104-787) [16SE]
Clarify Circumstances in Which Senior Circuit Court Judges May
Vote in En Banc Cases: Committee on the Judiciary (House) (S.
531) (H. Rept. 104-697) [23JY]
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Clarify Rules Governing Court Venues: Committee on the Judiciary
(House) (S. 677) (H. Rept. 104-800) [17SE]
Clarify Rules Governing Removal of Cases to Federal Court:
Committee on the Judiciary (House) (S. 533) (H. Rept. 104-799)
[17SE]
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
Consideration of H.R. 2974, Crimes Against Children and Elderly
Persons Increased Punishment Act: Committee on Rules (House)
(H. Res. 421) (H. Rept. 104-552) [2MY]
Consideration of H.R. 3120, Witness and Jury Retaliation and
Tampering Prevention: Committee on Rules (House) (H. Res. 422)
(H. Rept. 104-553) [2MY]
Consideration of H.R. 3396, Defense of Marriage Act: Committee on
Rules (House) (H. Res. 474) (H. Rept. 104-666) [10JY]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations: Committee on Rules (House)
(H. Res. 479) (H. Rept. 104-678) [16JY]
Crimes Against Children and Elderly Persons Increased Punishment
Act: Committee on the Judiciary (House) (H.R. 2974) (H. Rept.
104-548) [1MY]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Defense of Marriage Act: Committee on the Judiciary (House) (H.R.
3396) (H. Rept. 104-664) [9JY]
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations: Committee on Appropriations (House) (H.R.
3814) (H. Rept. 104-676) [16JY]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: Committee on
Transportation and Infrastructure (House) (H.R. 3029) (H.
Rept. 104-588) [21MY]
Federal Court Operations and Administration Improvements:
Committee on the Judiciary (House) (H.R. 3968) (H. Rept. 104-
798) [17SE]
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
Juvenile Justice and Delinquency Prevention Act Appropriations:
Committee on Economic and Educational Opportunities (House)
(H.R. 3876) (H. Rept. 104-783) [12SE]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Mark O. Hatfield U.S. Courthouse, Portland, OR: Committee on
Transportation and Infrastructure (House) (H.R. 3134) (H.
Rept. 104-587) [21MY]
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
Parole Commission Phaseout Act: Committee on the Judiciary (House)
(S. 1507) (H. Rept. 104-789) [16SE]
Protect Proprietary Economic Information: Committee on the
Judiciary (House) (H.R. 3723) (H. Rept. 104-788) [16SE]
Pueblo of Isleta Indian Tribe Land Claims Jurisdiction: Committee
on the Judiciary (House) (H.R. 740) (H. Rept. 104-694) [22JY]
Release of Relevant Information on Violent Sex Offenders:
Committee on the Judiciary (House) (H.R. 2137) (H. Rept. 104-
555) [6MY]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: Committee
on Transportation and Infrastructure (House) (H.R. 3576) (H.
Rept. 104-781) [10SE]
Roman L. Hruska U.S. Courthouse, Omaha, NE: Committee on
Transportation and Infrastructure (House) (H.R. 3400) (H.
Rept. 104-610) [6JN]
W. Edwards Deming Federal Building, Suitland, MD: Committee on
Transportation and Infrastructure (House) (H.R. 3535) (H.
Rept. 104-780) [10SE]
William J. Nealon U.S. Courthouse, Scranton, PA: Committee on
Transportation and Infrastructure (House) (H.R. 3364) (H.
Rept. 104-611) [6JN]
Witness and Jury Retaliation and Tampering Prevention: Committee
on the Judiciary (House) (H.R. 3120) (H. Rept. 104-549) [1MY]
COX, CHRISTOPHER (a Representative from California)
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Bills and resolutions introduced by
Budget: reform process (see H.R. 4285) [28SE]
Business and industry: arrange for the recovery and disposal of
helium on Federal lands (see H.R. 2906, 4168) [30JA] [25SE]
China, People's Republic of: most-favored-nation status relative
to the admission of the Republic of China to the World Trade
Organization (see H.R. 3569) [4JN]
------U.S. policy (see H. Res. 461) [25JN]
China, Republic of: membership in World Trade Organization
relative to the admission of the People's Republic of China
(see H. Res. 490) [26JY]
------U.S. policy on regional stability and defense (see H. Con.
Res. 148) [7MR]
IRS: recognize qualified delivery services in addition to the
Postal Service for purposes of timely filing of tax documents
(see H.R. 3086) [14MR]
Metric system: conversion requirements (see H.R. 4233) [27SE]
Public lands: recovery and disposal of helium (see H.R. 3008)
[5MR]
States: assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
COYNE, WILLIAM J. (a Representative from Pennsylvania)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
Bills and resolutions introduced by
Taxation: allow credit for cleanup of contaminated industrial
sites (see H.R. 2846) [4JA]
------credit for business investments in economically distressed
areas (see H.R. 2847) [4JA]
CRANE, PHILIP M. (a Representative from Illinois)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Bulgaria: most-favored-nation status (see H.R. 2853) [5JA]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
Foreign trade: provide President with proclamation authority
relative to articles of West Bank or Gaza Strip (see H.R.
3074) [13MR]
------technical corrections in legislation (see H.R. 3815) [16JY]
Gates of the Arctic National Park and Preserve: land exchange
(H.R. 400), return to Senate (see H. Res. 554) [30SE]
NAFTA: U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
Romania: most-favored-nation status (see H.R. 3161) [26MR]
States: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
Taxation: clarify restrictions on the lobbying and campaign
activities of churches (see H.R. 2910) [31JA]
------treatment of small businesses (see H.R. 2911) [31JA]
------treatment of tips (see H.R. 3667) [18JN]
CRAPO, MICHAEL D. (a Representative from Idaho)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Dept. of the Interior: transfer certain facilities of the Minidoka
Project to the Burley Irrigation District (see H.R. 4295)
[28SE]
Health: regulation of pharmacists (see H.R. 3260) [17AP]
Water: adjust the maximum hour exemption for water delivery
company employees (see H.R. 3326) [25AP]
CRAWFORD, NE
Bills and resolutions
Crawford National Fish Hatchery: convey to Crawford, NE (see H.R.
3287) [23AP]
Reports filed
Crawford National Fish Hatchery Conveyance to Crawford, NE:
Committee on Resources (House) (H.R. 3287) (H. Rept. 104-700)
[24JY]
CREDIT
Appointments
Advisory Committee on Student Financial Assistance [18JY]
[[Page 2999]]
Bills and resolutions
Agriculture: improve operation of certain programs (see H.R. 2973)
[27FE]
Business and industry: establish requirements relative to rent-to-
own transactions (see H.R. 3003) [5MR]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
Consumer Credit Protection Act: amend consumer lease provisions
(see H.R. 3515) [22MY]
Consumers: require standard annual percentage rate of interest to
open certain credit card accounts (see H.R. 4320) [28SE]
Crime: treatment of the production, sale, transportation, or
possession of fictitious financial instruments (see H.R. 2986)
[28FE]
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
3093) [14MR]
Education: exempt certain lenders from audit requirements of
student loan programs (see H.R. 3002) [4MR]
------permit financial institutions under the Federal Family
Education Loan Program to pay origination fees of borrowers
(see H.R. 3863) [22JY]
Federal employees: prohibit use of credit cards (see H.R. 2968)
[23FE]
------provide interest-free loans to furloughed employees (see
H.R. 2842) [4JA]
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
------reform and modernize (see H.R. 3167) [27MR]
Financial institutions: prohibit removal of certain members of the
National Credit Union Administration Board and the Board of
Directors of the FDIC (see H.R. 3976) [2AU]
------reduce paperwork and regulatory burdens (see H.R. 4079)
[16SE]
Gambling: prohibit extensions (see H.R. 4337) [1OC]
Government: improve debt-collection and credit evaluation
practices (see H.R. 3809) [12JY]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
San Diego County, CA: provide loan guarantee to Olivenhain Water
Storage Project (see H.R. 3851) [18JY]
Truth in Lending Act: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
Messages
CCC Report: President Clinton [22MY]
Reports filed
Federal Agricultural Mortgage Corp. Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
Financial Institutions Regulatory Process and Paperwork
Requirements Reform: Committee on Banking and Financial
Services (House) (H.R. 1858) (H. Rept. 104-103) [18JN]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
CREDIT CARDS
see Credit
CREDIT UNIONS
see Financial Institutions
CRIME
related term(s) Terrorism
Appointments
Conferees: H.R. 2202, Immigration in the National Interest Act
[11SE]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
National Commission on the Advancement of Federal Law Enforcement
[23JY]
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
Adoption: prohibit certain false statements, soliciting, or
receipt of compensation (see H.R. 3983) [2AU]
Animal Welfare Act: amend and strengthen (see H.R. 4249) [27SE]
Animals: ensure that all dogs and cats used by research facilities
are obtained legally (see H.R. 3398) [7MY]
------prevent pet theft (see H.R. 3393) [7MY]
Armed Forces: establish criminal sentence of life without parole
and make denials of parole appealable only to the President
(see H.R. 4104) [18SE]
Aviation: require use of animals at airports for detection of
certain explosive devices (see H.R. 3896) [25JY]
Business and industry: provide unemployment insurance and leave
time to battered women (see H.R. 3837) [17JY]
Capital punishment: attendance by families of victims at the
execution of the murderers (see H.R. 3220) [29MR]
Capitol Building and Grounds: authorizing use of Grounds for
National Peace Officers' Memorial Service (see H. Con. Res.
147) [5MR]
Carjacking: Federal penalties (see H.R. 3676) [19JN]
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
------identify violent and hard-core juvenile offenders and treat
them as adults (see H.R. 3494) [20MY]
------penalties relative to endangerment in hostage situations
(see H.R. 4121) [19SE]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565, 3698) [4JN] [20JN]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------require initial intake screenings and the use of youth
development specialists in Federal juvenile proceedings (see
H.R. 4055) [11SE]
Churches and synagogues: condemn acts of arson and enhance law
enforcement and prosecution of arsonists (see H. Con. Res.
183, 186, 187) [11JN] [13JN]
------prohibit insurers from canceling or refusing to renew fire
insurance policies (see H.R. 3830) [17JY]
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison Guaranty
investigation (see H. Con. Res. 218) [25SE]
Colleges and universities: require opening of campus security
crime logs at institutions of higher education (see H. Res.
470) [27JN]
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Computers: prohibit certain uses of computers in the furtherance
of crimes (see H.R. 4095) [17SE]
------protection of freedom of speech on-line and on the Internet
(see H.R. 3606) [10JN]
------restrict transmission of obscene or indecent material to
minors by computer (see H.R. 3606) [10JN]
------transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Constitutional amendments: protection of victims' rights (see H.J.
Res. 173, 174) [22AP]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
------reform Federal prisons (see H.R. 3490, 3655) [16MY] [13JN]
Courts: determination of cases alleging breach of secret
Government contracts (see H.R. 4224) [26SE]
------increase penalties for armed violent criminals (see H.R.
3085) [14MR]
------increase penalties relative to crimes against senior
citizens and children (see H.R. 2974) [27FE]
------increase penalties relative to crimes against senior
citizens and children (H.R. 2974), consideration (see H. Res.
421) [2MY]
------mandatory life imprisonment for second conviction of
individuals for certain felonies (see H.R. 3223) [29MR]
------payment of the costs of court-appointed attorneys in certain
criminal cases (see H.R. 3027) [6MR]
------prevent retaliation and tampering of witnesses and jury
members (see H.R. 3120) [20MR]
------prevent retaliation and tampering of witnesses and jury
members (H.R. 3120), consideration (see H. Res. 422) [2MY]
------protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
------protect proprietary economic information (see H.R. 3723)
[26JN]
------provide that proceedings against a judge be held in a
circuit other than the circuit within which the judge serves
(see H.R. 3026) [6MR]
------provide witnesses with access to legal counsel during grand
jury testimony (see H.R. 4193) [26SE]
------sentencing guidelines for possession of a firearm during
commission of a crime (see H.R. 4181) [25SE]
------sentencing guidelines for possession of a firearm with a
laser sighting device during commission of a crime (see H.R.
2991) [29FE]
------treatment of Federal prisoners (see H.R. 3206) [29MR]
------treatment of the production, sale, transportation, or
possession of fictitious financial instruments (see H.R. 2986)
[28FE]
Currency: establish interagency task force relative to the holding
and counterfeiting of U.S. currency in foreign countries (see
H.R. 3007) [5MR]
Dept. of Defense: assist the procurement of law enforcement
equipment for counterdrug activities by State and local
governments (see H.R. 2931) [1FE]
Dept. of HUD: occupancy standards relative to purchasers of single
family residential properties (see H.R. 4141) [24SE]
------withhold public housing assistance to State agencies that
impede eviction of a tenant (see H.R. 3865) [22JY]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Drug Abuse Prevention and Treatment Administration: establish (see
H.R. 3847) [18JY]
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------death penalty sentencing for certain importations of
significant quantities of controlled substances (see H.R.
4170) [25SE]
------penalties relative to distribution of controlled substances
with the intent to facilitate a rape or sexual battery (see
H.R. 3341, 3905) [25AP] [25JY]
------penalties relative to drug-facilitated crimes involving
violence or sexual assault (see H.R. 4137) [24SE]
------prevent manufacturing and use of methamphetamine (see H.R.
3852, 3908) [18JY] [26JY]
------sentencing of persons convicted of lesser drug offenses (see
H.R. 3080) [13MR]
------treatment of sentences relative to powdered cocaine (see
H.R. 3154, 3196, 4038) [22MR] [28MR] [9SE]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
Education: establish Role Models Academy for at-risk youths (see
H.R. 4161) [24SE]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
------use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Families and domestic relations: child support enforcement (see
H.R. 4341) [3OC]
Federal aid programs: deny community development block grants to
States that allow recovery of dam
[[Page 3000]]
ages for injuries suffered in the commission of a felony (see
H.R. 3736) [27JN]
Federal courts: improve operation and administration (see H.R.
4314) [28SE]
Federal-State relations: reduce certain funds if eligible States
do not enact certain laws (see H.R. 3243) [15AP]
Financial institutions: development and implementation of national
financial crimes strategy (see H.R. 3931) [31JY]
------enhance surveillance pictures for use in criminal
prosecutions (see H.R. 3533) [23MY]
Firearms: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
------ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
------encourage States to regulate certain handguns and gather
information on guns used in crimes (see H.R. 4044) [10SE]
------increase mandatory minimum penalties relative to the
possession of firearms (see H.R. 3454) [14MY]
------mandatory minimum penalties for use during commission of a
Federal crime (see H.R. 3382, 3988) [1MY] [2AU]
------prevent handgun violence and illegal commerce (see H.R.
3488) [16MY]
------prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------repeal ban on assault weapons and large capacity ammunition
feeding devices (H.R. 125), consideration (see H. Res. 364,
388) [23FE] [21MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
------standards for State concealed handgun carrying licenses (see
H.R. 3838) [17JY]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 177) [30AP]
------copyright and impose criminal penalties for desecration (see
H.R. 3883) [23JY]
Foreign policy: establish additional narcotics control
certification standards and reporting requirements for certain
illicit drug producing countries and drug-transit countries
(see H.R. 3689) [20JN]
Foreign trade: imposition of trade sanctions on countries which
threaten the U.S. policy on the reduction and interdiction of
illicit drugs (see H.R. 3023) [6MR]
------require cooperation from trade partners in preventing
illegal drug traffic (see H.R. 4290) [28SE]
Fraud: prevention of fraud relative to provision of or receipt of
payment for health care services (see H.R. 2866) [23JA]
Gambling: transmission of wagering information (see H.R. 3526)
[23MY]
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (see H.R. 3166)
[27MR]
------applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (H.R. 3166), concur
with Senate amendments (see H. Res. 535) [25SE]
------establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
------transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Health: improve efforts to combat fraud and abuse in health care
programs (see H.R. 3224) [29MR]
House Rules: require drug testing of Members, officers, and staff
(see H. Res. 510, 519) [2AU] [11SE]
Housing: occupancy standards for federally assisted housing
relative to drug and alcohol abusers (see H.R. 3390) [2MY]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202), consideration (see H. Res. 384)
[14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
------permanent exclusion for aliens removed from the U.S. as
illegal entrants or immigration violators (see H.R. 2898)
[25JA]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence Against Women: ratification (see H.
Con. Res. 182) [6JN]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Juvenile Justice and Delinquency Prevention Act: authorizing
appropriations (see H.R. 3876) [23JY]
Law enforcement: encourage cooperation between law enforcement
agencies and private sector security professionals (see H.R.
2996) [29FE]
------extend certain statutes of limitation (see H.R. 4342) [3OC]
------report deaths of persons in custody (see H.R. 3242) [15AP]
Law enforcement officers: compensation of officers in canine units
(see H.R. 2966) [16FE]
------ensure benefits for chaplains killed in the line of duty
(see H.R. 3647) [13JN]
------establish a national clearinghouse to assist in background
checks of law enforcement applicants (see H.R. 3263) [17AP]
------establish a national resource center and clearinghouse
relative to missing or exploited children (see H.R. 3238)
[15AP]
------funding for the hiring of personnel who perform
nonadministrative services (see H.R. 2922) [31JA]
------provide educational assistance to dependents of Federal
officials killed or disabled in the line of duty (see H.R.
4111) [18SE]
------reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
Lobbyists: penalty for transmission of fraudulent communications
to Congress (see H.R. 3128) [20MR]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Members of Congress: deny Federal retirement annuities to Members
convicted of felonies (see H.R. 3310, 3447, 4011) [24AP]
[10MY] [2AU]
------punish false statements during debate on the floor of either
House of Congress (see H.R. 3996) [2AU]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947; H.J. Res. 162) [1FE] [5MR]
------safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Motor vehicles: establish toll-free telephone number for the
reporting of stolen and abandoned motor vehicles (see H.R.
4286) [28SE]
------use of bar encoding to facilitate identification and
recovery of stolen vehicles (see H.R. 4279) [28SE]
National cemeteries: penalties for theft and malicious vandalism
(see H.R. 3901) [25JY]
National Center for Rural Law Enforcement: establish (see H.R.
4140) [24SE]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
National objectives: policy to control crime and reform court
procedures (see H.R. 2992) [29FE]
National Telecommunications and Information Administration: report
on hate speech relative to the Internet (see H.R. 3781) [10JY]
Pornography: amend laws relative to child pornography (see H.R.
4123, 4331) [19SE] [30SE]
Postal Service: reform (see H.R. 3717) [25JN]
------treatment of deceptive or misleading mail (see H.R. 3884)
[24JY]
Public welfare programs: reform relative to domestic violence (see
H. Con. Res. 195) [27JN]
Religion: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------protect sanctity of religious communications (see H.R. 3571)
[4JN]
Roads and highways: include graffiti removal within meaning of
transportation enhancement activity (see H.R. 3848) [18JY]
Saudi Arabia: terrorist attack on U.S. peacekeeping forces (see H.
Con. Res. 200) [24JY]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
Sex offenses: nationwide tracking of convicted sexual predators
(see H.R. 3456) [14MY]
------penalties for certain offenses against children (see H.R.
3180) [28MR]
------sexual exploitation of children (see H.R. 4097) [17SE]
Social Security: penalties for fraud and related activity
involving work authorization documents relative to Social
Security cards (see H.R. 3724) [26JN]
Sports: prohibit agents from influencing college athletes (see
H.R. 3328) [25AP]
Stalking: interjurisdictional enforcement of protection orders and
redefinition of victims (see H.R. 2954, 2980) [1FE] [28FE]
States: establish registration, tracking, and community
notification procedures relative to convicted sex offenders
(see H. Con. Res. 196) [10JY]
------reimburse for costs of educating certain illegal alien
students (see H.R. 4062, 4303) [12SE] [28SE]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Taxation: clarify the reasonable cause exception from penalties
for failure to file returns or to pay taxes (see H.R. 3137)
[21MR]
------credits for employers for costs incurred to combat violence
against women (see H.R. 3584) [5JN]
Television: establish toll-free number for comments relative to
the broadcasting of violent programming (see H.R. 2964) [9FE]
Terrorism: develop technologies to combat (see H.R. 3960) [2AU]
------improve U.S. ability to respond to terrorist threats (see
H.R. 3071, 3409) [12MR] [7MY]
------improve U.S. ability to respond to terrorist threats (H.R.
2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
------U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
Transportation: strengthen penalties and prohibitions against
sabotage of rail transportation or other mass transit (see
H.R. 2949) [1FE]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
Voting: secure rights of former felons who have been released from
incarceration (see H.R. 3028) [6MR]
[[Page 3001]]
Westchester County, NY: condemn anti-semitic vandalism (see H.
Con. Res. 231) [28SE]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Messages
National Drug Control Strategy: President Clinton [29AP]
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
Motions
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125) [22MR]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Money: control and prevent commercial counterfeiting (S. 1136)
[4JN]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [13MR] [14MR]
------improve U.S. ability to respond to terrorist threats (S.
735) [14MR]
Reports filed
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Carjacking Correction Act: Committee on the Judiciary (House)
(H.R. 3676) (H. Rept. 104-787) [16SE]
Clarify Circumstances in Which Senior Circuit Court Judges May
Vote in En Banc Cases: Committee on the Judiciary (House) (S.
531) (H. Rept. 104-697) [23JY]
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of H.R. 125, Repeal Ban on Assault Weapons and Large
Capacity Ammunition Feeding Devices: Committee on Rules
(House) (H. Res. 388) (H. Rept. 104-490) [21MR]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR], (H. Res. 380) (H. Rept. 104-480) [12MR]
Consideration of H.R. 2974, Crimes Against Children and Elderly
Persons Increased Punishment Act: Committee on Rules (House)
(H. Res. 421) (H. Rept. 104-552) [2MY]
Consideration of H.R. 3120, Witness and Jury Retaliation and
Tampering Prevention: Committee on Rules (House) (H. Res. 422)
(H. Rept. 104-553) [2MY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Control and Prevent Commercial Counterfeiting of Money: Committee
on the Judiciary (House) (H.R. 2511) (H. Rept. 104-556) [6MY]
Crimes Against Children and Elderly Persons Increased Punishment
Act: Committee on the Judiciary (House) (H.R. 2974) (H. Rept.
104-548) [1MY]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
Early Release of Prisoners Upon Completion of Drug Treatment
Programs: Committee on the Judiciary (House) (H.R. 2650) (H.
Rept. 104-602) [31MY]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Health Care Anti-Fraud Protections: Committee on Government Reform
and Oversight (House) (H. Rept. 104-747) [2AU]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
Juvenile Justice and Delinquency Prevention Act Appropriations:
Committee on Economic and Educational Opportunities (House)
(H.R. 3876) (H. Rept. 104-783) [12SE]
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Parole Commission Phaseout Act: Committee on the Judiciary (House)
(S. 1507) (H. Rept. 104-789) [16SE]
Protect Proprietary Economic Information: Committee on the
Judiciary (House) (H.R. 3723) (H. Rept. 104-788) [16SE]
Reform and Oversight, National Drug Policy--Review of the Status
of the Drug War: Committee on Government Reform and Oversight
(House) (H. Rept. 104-486) [19MR]
Release of Relevant Information on Violent Sex Offenders:
Committee on the Judiciary (House) (H.R. 2137) (H. Rept. 104-
555) [6MY]
Review of Criminal Records of Applicants for Security Officer
Employment: Committee on the Judiciary (House) (H.R. 2092) (H.
Rept. 104-827) [24SE]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
Use of Capitol Grounds for National Peace Officers' Memorial
Service: Committee on Transportation and Infrastructure
(House) (H. Con. Res. 147) (H. Rept. 104-488) [20MR]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers: Committee on the Judiciary (House) (H.R. 2803) (H.
Rept. 104-618) [12JN]
Witness and Jury Retaliation and Tampering Prevention: Committee
on the Judiciary (House) (H.R. 3120) (H. Rept. 104-549) [1MY]
CRIMES AGAINST CHILDREN AND ELDERLY PERSONS INCREASED PUNISHMENT ACT
Bills and resolutions
Enact (H.R. 2974): consideration (see H. Res. 421) [2MY]
Reports filed
Consideration of H.R. 2974, Provisions: Committee on Rules (House)
(H. Res. 421) (H. Rept. 104-552) [2MY]
Provisions: Committee on the Judiciary (House) (H.R. 2974) (H.
Rept. 104-548) [1MY]
CROATIA
Bills and resolutions
Brown, Ronald H.: tribute (see H. Res. 403, 404, 406) [16AP]
[18AP]
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Jasenovac death camp: condemn relocation of remains of individuals
(see H. Con. Res. 171) [2MY]
------preservation of memorial (see H. Con. Res. 219) [25SE]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
CROOK COUNTY, WY
Bills and resolutions
Public lands: conveyance of U.S. Fish and Wildlife Service lands
to Wyoming (see H.R. 3579) [5JN]
Reports filed
Conveyance of U.S. Fish and Wildlife Service Lands to Wyoming:
Committee on Resources (House) (H.R. 3579) (H. Rept. 104-711)
[26JY]
CROW CREEK SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST FUND ACT
Reports filed
Provisions: Committee on Resources (House) (H.R. 2512) (H. Rept.
104-765) [4SE]
CUBA, REPUBLIC OF
Bills and resolutions
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Foreign aid: prohibit assistance to countries that assist Cuba
(see H.R. 3974) [2AU]
Foreign policy: strengthen international economic sanctions and
support transition to democratically elected government (H.R.
927), consideration of conference report (see H. Res. 370)
[5MR]
Roosevelt, Theodore: award the Congressional Medal of Honor (see
H.R. 3966) [2AU]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Messages
National Emergency Relative to Cuba: President Clinton [4MR]
Telecommunications Services Relative to Cuba: President Clinton
[23SE]
Reports filed
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Bills and resolutions
Aliens: amend relative to the exclusion of certain aliens (see
H.R. 3980) [2AU]
Enact (H.R. 927): consideration of conference report (see H. Res.
370) [5MR]
Conference reports
Provisions (H.R. 927) [4MR]
[[Page 3002]]
Messages
Telecommunications Services Relative to Cuba: President Clinton
[23SE]
Reports filed
Consideration of Conference Report on H.R. 927, Provisions:
Committee on Rules (House) (H. Res. 370) (H. Rept. 104-470)
[5MR]
Provisions: Committee of Conference (H.R. 927) (H. Rept. 104-468)
[4MR]
CUBIN, BARBARA (a Representative from Wyoming)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 1296, Presidio facilities management [9MY]
Bills and resolutions introduced by
Crook County, WY: conveyance of U.S. Fish and Wildlife Service
lands to Wyoming (see H.R. 3579) [5JN]
Devils Tower National Monument: retain name of mountain (see H.R.
4020) [4SE]
CUNNINGHAM, RANDY ``DUKE'' (a Representative from California)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Education: provide hold-harmless payment amounts for impact-aid
payments relative to Federal acquisition of real property (see
H.R. 3269) [18AP]
English language: declare as official language of U.S. (see H.R.
3850, 3898) [18JY] [25JY]
Individuals With Disabilities Education Act: reauthorization (see
H.R. 3268) [18AP]
Juvenile Justice and Delinquency Prevention Act: authorizing
appropriations (see H.R. 3876) [23JY]
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
San Diego County, CA: provide loan guarantee to Olivenhain Water
Storage Project (see H.R. 3851) [18JY]
Tariff: golf clubs and golf club components (see H.R. 4240) [27SE]
CURRENCY
see Money
CUSTOMS SERVICE
Bills and resolutions
Foreign trade: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
Kika de la Garza U.S. Border Station, Pharr, TX: designate (see
H.R. 4186) [25SE]
Motor vehicles: treatment of foreign vehicles relative to U.S.
emission standards (see H.R. 3961) [2AU]
CZECH REPUBLIC
Bills and resolutions
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
NATO: membership of Central and East European countries (see H.R.
3564) [4JN]
DAMS
Bills and resolutions
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
------prohibit Federal funding for dam construction on American
River (see H.R. 2951) [1FE]
Corps of Engineers: construction of flood control project on the
Sacramento and American Rivers, CA (see H.R. 3270) [18AP]
Dept. of Agriculture: provide for maintenance of concrete dams and
weirs located in the Emigrant Wilderness area (see H.R. 3886)
[24JY]
Floods: reduce hazards of dam failures (see H.R. 3602) [6JN]
New Mexico: redesignate the Jemez Canyon Dam as Tamaya Dam (see
H.R. 2989) [28FE]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
States: delegation of dam safety authority to State governments
(see H.R. 3641) [13JN]
Tennessee-Tombigbee Waterway: designate certain locks and dams
(see H.R. 3432) [9MY]
William L. Jess Dam and Intake Structure, Jackson County, OR:
designate (see H.R. 3875) [23JY]
Reports filed
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
DANNER, PAT (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Canada-U.S. Interparliamentary Group [8MY]
DAVIS, SAMMY L.
Bills and resolutions
Sammy L. Davis Federal Building, Overland, MO: designate (see H.R.
3186) [28MR]
Reports filed
Sammy L. Davis Federal Building, Overland, MO: Committee on
Transportation and Infrastructure (House) (H.R. 3186) (H.
Rept. 104-609) [6JN]
DAVIS, THOMAS M., III (a Representative from Virginia)
Appointments
George Washington's birthday ceremonies delegation [9FE]
Bills and resolutions introduced by
District of Columbia: make technical corrections to improve
operations of local government (see H.R. 3664) [18JN]
------permit council to authorize the issuance of revenue bonds
relative to water and sewer facilities (see H.R. 3663) [18JN]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: designate
(see H.R. 3029) [6MR]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
Morella, Representative: election as Speaker pro tempore (see H.
Res. 363) [6FE]
OPM: delay privatization of the Office of Federal Investigation
(see H.R. 3189) [28MR]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
DAY CARE
see Children and Youth
de la GARZA, E (a Representative from Texas)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
DEAF
see Disabled
DEAL, NATHAN (a Representative from Georgia)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Textile industry and fabrics: authorize substitution for drawback
purposes of certain fibers and yarns used in carpet and rug
manufacturing (see H.R. 3380) [1MY]
DEATH AND DYING
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Bills and resolutions
Assisted suicide, euthanasia, or mercy killing: prohibit Federal
funding (see H.R. 4149) [24SE]
Capital punishment: attendance by families of victims at the
execution of the murderers (see H.R. 3220) [29MR]
Hawaii: repatriation of certain Native American remains (see H.R.
4084) [17SE]
Law enforcement: report deaths of persons in custody (see H.R.
3242) [15AP]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
Medicare/Medicaid: prohibit funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 3123) [20MR]
Public Health Service Act: provide inclusive information service
relative to certain diseases (see H.R. 4257) [27SE]
DEATH PENALTY
see Capital Punishment
DEEPWATER PORT ACT
Bills and resolutions
Amend (see H.R. 2940) [1FE]
Reports filed
Amend: Committee on Transporation and Infrastructure (House) (H.R.
2940) (H. Rept. 104-692) [18JY]
DeFAZIO, PETER A. (a Representative from Oregon)
Bills and resolutions introduced by
Dept. of Defense: funding reductions (see H.R. 3202) [29MR]
FAA: reorganize and remove all duties not related to safety (see
H.R. 3831) [17JY]
Mark O. Hatfield U.S. Courthouse, Portland, OR: designate (see
H.R. 3134) [21MR]
DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION
Bills and resolutions
Dept. of Defense: early deferred annuities for certain employees
who are separated from service due to defense base closures
(see H.R. 3279) [18AP]
DEFENSE OF MARRIAGE ACT
Bills and resolutions
Enact (see H.R. 3396) [7MY]
Enact (H.R. 3396): consideration (see H. Res. 474) [10JY]
Motions
Enact (H.R. 3396) [12JY]
Reports filed
Consideration of H.R. 3396, Provisions: Committee on Rules (House)
(H. Res. 474) (H. Rept. 104-666) [10JY]
Provisions: Committee on the Judiciary (House) (H.R. 3396) (H.
Rept. 104-664) [9JY]
DEL NORTE COUNTY, CA
Reports filed
California Land Conveyance to the Del Norte County Unified School
District: Committee on Resources (House) (H.R. 2709) (H. Rept.
104-763) [4SE]
DeLAURO, ROSA L. (a Representative from Connecticut)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Courts: sentencing guidelines for possession of a firearm with a
laser sighting device during commission of a crime (see H.R.
2991) [29FE]
Dept. of Defense: treatment of expenses for contractors who
relocate due to cessation of military activities at the
Stratford Army Engine Plant (see H.R. 4340) [3OC]
Diseases: research on the human papilloma virus relative to
cervical cancer (see H. Con. Res. 156) [27MR]
Health: require health plans to provide coverage for a minimum
hospital stay for certain breast cancer treatments (see H.R.
4296) [28SE]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
DeLAY, TOM (a Representative from Texas)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Conferee: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Electric power: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
[[Page 3003]]
Government: reduce spending and regulatory programs (see H. Con.
Res. 193) [27JN]
Hazardous substances: exempt transportation by certain vehicles
from Government regulations (see H.R. 3153) [22MR]
Roads and highways: construction funding (see H.R. 3775) [10JY]
DELLUMS, RONALD V. (a Representative from California)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Motions offered by
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (H.R. 3230) [15MY] [17JY]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), conference report
[1AU]
DEMING, W. EDWARDS
Bills and resolutions
W. Edwards Deming Federal Building, Suitland, MD: designate (see
H.R. 3535) [23MY]
Reports filed
W. Edwards Deming Federal Building, Suitland, MD: Committee on
Transportation and Infrastructure (House) (H.R. 3535) (H.
Rept. 104-780) [10SE]
DEMOCRACY
Bills and resolutions
Belarus: independence anniversary (see H. Con. Res. 163) [17AP]
Burma: U.S. policy (see H. Con. Res. 188) [13JN]
China, People's Republic of: human rights situation in Tibet (see
H. Res. 347) [25JA]
------most-favored-nation status (see H.J. Res. 181, 182) [12JN]
[13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
China, Republic of: democracy efforts (see H. Con. Res. 138, 140)
[31JA]
------tribute on the occasion of first Presidential election (see
H. Con. Res. 154) [26MR]
------U.S. policy on regional stability and defense (see H. Con.
Res. 148) [7MR]
Cuba: strengthen international economic sanctions and support
transition to democratically elected government (H.R. 927),
consideration of conference report (see H. Res. 370) [5MR]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Elections: reform voter registration procedures (see H.R. 4209)
[26SE]
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
------strengthen protection of human rights (see H.R. 4036) [5SE]
Kenya: human rights and political situation (see H. Con. Res. 135)
[25JA]
Kosovo: human rights violations (see H. Con. Res. 155) [27MR]
Lebanon: recognize territorial integrity, unity, sovereignty, and
independence (see H. Con. Res. 209) [2AU]
Poland: anniversary of adoption of constitution (see H. Con. Res.
165) [18AP]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Sierra Leone: elections (see H. Con. Res. 160) [15AP]
USIA: provide computer access to multilingual text and voice
recordings of VOA transcripts (see H.R. 3916) [30JY]
Zaire: democracy efforts (see H. Res. 399) [29MR]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Messages
National Endowment for Democracy: President Clinton [23FE]
Reports filed
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
DEMOCRATIC PARTY
Bills and resolutions
Committees of the House: minority party appointments (see H. Res.
367, 408, 414, 447, 523) [28FE] [22AP] [25AP] [5JN] [17SE]
House Rules: allow consideration of floor amendments supported by
20 percent of both the majority and minority membership (see
H. Res. 548) [27SE]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
DEPARTMENT OF AGRICULTURE
Appointments
Conferees: H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
Bills and resolutions
Agriculture: allow interstate distribution of State-inspected meat
(see H.R. 3750) [27JN]
------conduct census (see H.R. 3665) [18JN]
------Federal assistance to livestock producers adversely affected
by drought conditions (see H.R. 3449; H. Con. Res. 181) [14MY]
[23MY]
------improve operation of certain programs (see H.R. 2973) [27FE]
------improve operation of certain programs (H.R. 2854),
consideration of conference report (see H. Res. 393) [27MR]
------improve reporting and ensure competitiveness in the
livestock industry (see H.R. 3794) [11JY]
------increase emphasis on and disseminate results of agricultural
research projects relative to precision agriculture (see H.R.
3795) [11JY]
------maintain foreign market development programs (see H.R. 2950)
[1FE]
------packing standards for imported tomatoes (see H.R. 2921)
[31JA]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
------repeal restrictions on colored margarine (see H.R. 2860)
[5JA]
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Barley: payment rate (see H.R. 4002) [2AU]
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
------abolish (S. 1518), return to Senate (see H. Res. 387) [21MR]
California: pilot project in the Plumas, Lassen, and Tahoe
National Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Commodity Exchange Act: regulatory requirements relative to the
purchase or sale of commodities from markets located abroad
(see H.R. 3891) [24JY]
Conservation Reserve Program: extend contracts (see H.R. 4336)
[1OC]
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
Dos Palos, CA: conveyance of certain lands to the Dos Palos Ag
Boosters (see H.R. 4041) [10SE]
Emergency Food Assistance Act: purchase of commodities using State
funds (see H.R. 3978) [2AU]
Emigrant Wilderness area: provide for maintenance of concrete dams
and weirs (see H.R. 3886) [24JY]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
Federal aid programs: elimination of certain Federal programs and
subsidies (see H.R. 2934) [1FE]
Fish and fishing: provide diagnostic and certification services to
reduce diseases associated with salmonid family of fish (see
H.R. 2908) [31JA]
Food: consolidate and improve all inspection activities relative
to livestock and poultry carcasses, seafood, meat products,
poultry products, and seafood products (see H.R. 4302) [28SE]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Mark Twain National Forest, MO: boundary adjustment (see H.R.
3464) [15MY]
Pesticides: reform antimicrobial pesticide registration (see H.R.
3338) [25AP]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Tennessee: authorize haying and grazing on certain lands (see H.R.
3554) [30MY]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Federal Agriculture Improvement and Reform Act (H.R. 2854) [25MR]
Messages
Revised Deferral of Budgetary Resources: President Clinton [5MR]
Motions
Agriculture: improve operation of certain programs (H.R. 2854)
[29FE]
Federal aid programs: improve operation (H.R. 2854) [14MR]
Reports filed
Agricultural Market Transition Act: Committee of Conference (H.R.
2854) (H. Rept. 104-494) [25MR]
------Committee on Agriculture (House) (H.R. 2854) (H. Rept. 104-
462) [9FE]
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
Conduct Census of Agriculture: Committee on Agriculture (House)
(H.R. 3665) (H. Rept. 104-653) [27JN]
Consideration of Conference Report on H.R. 2854, Federal
Agriculture Improvement and Reform Act: Committee on Rules
(House) (H. Res. 393) (H. Rept. 104-502) [27MR]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 2854, Agricultural Market Transition Act:
Committee on Rules (House) (H. Res. 366) (H. Rept. 104-463)
[27FE]
[[Page 3004]]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Federal Agricultural Mortgage Corp. Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
Mark Twain National Forest, MO, Boundary Adjustment: Committee on
Agriculture (House) (H.R. 3464) (H. Rept. 104-654) [8JY]
North Platte National Wildlife Refuge Boundary Adjustment:
Committee on Resources (House) (H.R. 2679) (H. Rept. 104-527)
[18AP]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski Areas: Committee on
Resources (House) (H.R. 1527) (H. Rept. 104-516) [15AP]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518, 3581) (H. Rept.
104-764) [4SE]
DEPARTMENT OF COMMERCE
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Brown, Ronald H.: tribute (see H. Res. 403, 404, 406) [16AP]
[18AP]
Computers: use, sale, and export of encryption products for
privacy and security (see H.R. 3011) [5MR]
Croatia: tribute to employees and business leaders killed in plane
crash while on trade mission (see H. Res. 403, 404, 406)
[16AP] [18AP]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 3814), consideration (see H. Res. 479)
[16JY]
------making appropriations (see H.R. 3814) [16JY]
Disasters: provide windstorm insurance to certain property owners
and require study relative to taxation of insurance reserves
for future natural disasters (see H.R. 4115) [19SE]
Federal employees: relief of survivors of employees killed in
plane crash while on trade mission in Croatia (see H.R. 3545)
[29MY]
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
National Marine Fisheries Service: convey to Massachusetts the
laboratory in Gloucester, MA (H.R. 1358), disposition of
Senate amendment (see H. Res. 338) [5JA]
Oceans: improve coordination of Federal oceanographic programs
(see H.R. 3537) [29MY]
Patent and Trademark Office: convert to Government corporation
(see H.R. 3460) [15MY]
Ronald H. Brown Commerce Building, Washington, DC: designate (see
H.R. 3247) [15AP]
Ronald H. Brown Federal Building, New York, NY: designate (see
H.R. 3560) [30MY]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
Messages
NOAA Office of Ocean and Coastal Resource Management: President
Clinton [9JY]
Motions
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 2076), veto [3JA]
------making appropriations (H.R. 3814) [24JY]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations: Committee on Rules (House)
(H. Res. 479) (H. Rept. 104-678) [16JY]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance: Committee on Commerce (House) (H.R. 447) (H. Rept.
104-753) [2AU]
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations: Committee on Appropriations (House) (H.R.
3814) (H. Rept. 104-676) [16JY]
Disposition of Senate Amendment to H.R. 1358, National Marine
Fisheries Service Laboratory Conveyance to Massachusetts:
Committee on Rules (House) (H. Res. 338) (H. Rept. 104-449)
[5JA]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
Patent and Trademark Office Conversion to Government Corporation:
Committee on the Judiciary (House) (H.R. 3460) (H. Rept. 104-
784) [12SE]
Sampling and Statistical Adjustment in the Decennial Census--
Fundemental Flaws: Committee on Government Reform and
Oversight (House) (H. Rept. 104-821) [24SE]
DEPARTMENT OF DEFENSE
Appointments
Conferees: H.R. 1296, Presidio facilities management [9MY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
American Samoa: require U.S. nationals accepted in ROTC programs
to apply for citizenship (see H.R. 3327) [25AP]
Appropriations: authorizing for military activities and
prescribing personnel strengths (see H.R. 3230) [15AP]
------authorizing for military activities and prescribing
personnel strengths (H.R. 3230), consideration (see H. Res.
430) [9MY]
------authorizing for military activities and prescribing
personnel strengths (H.R. 3230), consideration of conference
report (see H. Res. 498) [31JY]
------authorizing for military activities and prescribing
personnel strengths (S. 1124), consideration of conference
report (see H. Res. 340) [23JA]
------authorizing for military construction (see H.R. 3231) [15AP]
------making (see H.R. 3610) [11JN]
------making for military construction, family housing, and base
realignment and closure (see H.R. 3517) [23MY]
------making for military construction, family housing, and base
realignment and closure (H.R. 3517), consideration (see H.
Res. 442) [29MY]
------making for military construction, family housing, and base
realignment and closure (H.R. 3517), consideration of
conference report (see H. Res. 497) [31JY]
------making (H.R. 3610), consideration (see H. Res. 453) [12JN]
------making omnibus consolidated (see H.R. 4278) [28SE]
Armed Forces: allow personal injury actions against military
health care professionals (see H.R. 4221) [26SE]
------discharge of military personnel relative to positive HIV
test (see H.R. 2959, 3926, 4344) [1FE] [31JY] [4OC]
------establish criminal sentence of life without parole and make
denials of parole appealable only to the President (see H.R.
4104) [18SE]
------limit placement under U.N. operational or tactical control
(see H.R. 3308) [24AP]
------limit placement under U.N. operational or tactical control
(H.R. 3308), consideration (see H. Res. 517) [4SE]
------permit certain beneficiaries to enroll in the Federal
Employees Health Program (see H.R. 3012) [5MR]
------policy regarding military service by homosexuals (see H.R.
3925) [31JY]
------revise payment of retired pay to former spouses of retired
members (see H.R. 3408) [7MY]
------treatment of Dept. of Defense separation pay relative to
Dept. of Veterans Affairs disability compensation (see H.R.
3521) [23MY]
Army Reserves: designate wearing of army uniforms annually on
April 23 (see H. Con. Res. 168) [30AP]
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
Barry, John: recognize as first flag officer of the U.S. Navy (see
H.J. Res. 196) [26SE]
Business and industry: prohibit payment under defense contracts of
restructuring costs for mergers or acquisitions (see H.R.
3433) [10MY]
California: management of the Presidio facilities (see H.R. 4236)
[27SE]
------management of the Presidio facilities (H.R. 1296),
consideration of conference report (see H. Res. 536) [25SE]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Chemical weapons: alternatives to demilitarization of munitions
under the baseline incinerator program (see H.R. 3767) [10JY]
China, Republic of: U.S. policy on regional stability and defense
(see H. Con. Res. 148) [7MR]
Coast Guard: cost estimate for the engineering, design and
retrofitting of the icebreaker Mackinaw (see H.R. 4081) [17SE]
Coastal zones: clarify Corps of Engineers responsibilities to
promote and carry out shore protection projects (see H.R.
3551) [29MY]
Commission on the Future for America's Veterans: establish (see
H.R. 4060) [11SE]
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Contracts: establish limitations on taxpayer-financed compensation
for defense contractors (see H.R. 3512) [22MY]
------procurement of aircraft landing gear manufactured and
assembled in the U.S. (see H.R. 3171) [27MR]
------revise reporting requirements of cost restructuring on
defense contracts (see H.R. 3444) [10MY]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
------conduct study of mitigation banks (see H.R. 4211) [26SE]
------construction of flood control project on the Sacramento and
American Rivers, CA (see H.R. 3270) [18AP]
Defense contracts: prohibit additional payments and revise certain
reporting requirements for restructuring costs (see H.R. 3608)
[10JN]
Dept. of Energy: establish a National Test and Demonstration
Center of Excellence at the Nevada test site (see H.R. 2899)
[25JA]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
Education: Impact Aid Program reform (see H.R. 2886) [25JA]
------technical corrections relative to certain assistance
authority (see H.R. 4282) [28SE]
Elections: extend the period for receipt of certain absentee
ballots (see H.R. 3058) [8MR]
Federal employees: military uniform requirements for civilian
employees of the National Guard (see H.R. 3311) [24AP]
Food: expand authority to donate unusual food (see H.R. 3312)
[24AP]
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
Foreign countries: withdrawal of forces stationed in foreign
countries that do not assume costs and appli
[[Page 3005]]
cation of savings to the Federal Hospital Insurance Trust Fund
(see H.R. 2936) [1FE]
Foreign trade: prohibit sale in commissary or exchange stores of
imported items not produced under minimum labor standards (see
H.R. 3843) [17JY]
Forest fires: sale of excess aircraft relative to suppression of
wildfires (see H.R. 4108) [18SE]
Forrestal Institute: establish (see H.R. 2993) [29FE]
Fort Lewis, WA: land exchange with Weyerhaeuser Real Estate Co.
(see H.R. 2859) [5JA]
Funding: reduce (see H.R. 3202) [29MR]
Government regulations: repeal certain limitations on the
operation of depots (see H.R. 2852) [5JA]
Health: allow military health care system beneficiaries the option
to enroll in Federal Employees Health Benefits Program (see
H.R. 3368, 3699) [30AP] [20JN]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Intelligence services: reorganize and reform management of
intelligence community (see H.R. 3237) [15AP]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
Law enforcement: assist the procurement of equipment for
counterdrug activities by State and local governments (see
H.R. 2931) [1FE]
Mariemont, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 3072) [12MR]
Metric system: exempt from requirements relative to nuclear
facilities (see H.R. 3164) [26MR]
MIA: restore missing person status to certain civilian and
contractor employees (see H.R. 4000) [2AU]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial, San Francisco, CA (see H.R. 4066) [12SE]
National security: national missile defense system (see H.R. 3144)
[21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
New, Michael: reverse court-martial relative to refusal to wear
U.N. uniform insignia (see H. Con. Res. 134) [25JA]
Pensions: early deferred annuities for certain employees who are
separated from service due to defense base closures (see H.R.
3279) [18AP]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
Pornography: prohibit the sale or distribution of sexually
explicit material to any individual (see H.R. 3300) [23AP]
Saudi Arabia: terrorist attack on U.S. peacekeeping forces (see H.
Con. Res. 200) [24JY]
Ships and vessels: prohibit use of certain shipping cost
differentials relative to Merchant Marine Act (see H.R. 4343)
[3OC]
------transfer naval vessels to certain foreign countries (see
H.R. 3121) [20MR]
Social Security: Medicare reimbursement to Military Health
Services System (see H.R. 3142, 3151, 4068) [21MR] [12SE]
------provide enrollment period for Medicare and medigap relative
to certain military retirees and dependents (see H.R. 4298)
[28SE]
Steubenville, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 4021) [4SE]
Stratford Army Engine Plant: treatment of expenses for contractors
who relocate due to cessation of military activities (see H.R.
4340) [3OC]
Sudan: prohibit foreign aid or arms transfers until elimination of
chattel slavery (see H.R. 3766) [9JY]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
------treatment of Armed Forces members performing services in
Somalia (see H.R. 4179) [25SE]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
Veterans: eligibility for training and rehabilitation assistance
and transfer of certain educational assistance authority (see
H.R. 3674) [19JN]
------eliminate double taxation of lump sum separation benefits
and compensation for a service-connected disability (see H.R.
3183) [28MR]
------reform and improve eligibility for medical care and services
(see H.R. 3118, 3119) [20MR]
------treatment of cold weather injuries received during military
operations (see H.R. 4007) [2AU]
Vietnamese Conflict: provide compensation to certain Vietnamese
who were employed (see H.R. 3668) [18JN]
Weapons: deployment policy for antiballistic missile systems (see
H.R. 3489) [16MY]
------detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
Conference reports
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (S. 1124) [22JA], (H.R. 3230) [30JY]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) [30JY]
Dept. of Defense Appropriations (H.R. 3610) [28SE]
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Messages
Dept. of Defense Budget Rescissions: President Clinton [13MR]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
National Achievements in Aeronautics and Space: President Clinton
[26JN]
National Emergency Relative to Angola: President Clinton [19SE]
National Security Strategy: President Clinton [7MR]
Revised Deferral of Budgetary Resources: President Clinton [27FE]
Veto of H.R. 1530, Dept. of Defense Appropriations: President
Clinton [3JA]
Motions
Appropriations: authorizing for military activities and
prescribing personnel strengths (H.R. 3230) [15MY] [17JY]
------authorizing for military activities and prescribing
personnel strengths (H.R. 3230), conference report [1AU]
------authorizing for military activities and prescribing
personnel strengths (S. 1124) [5JA]
------making for military construction, family housing, and base
realignment and closure (H.R. 3517) [26JY]
------making (H.R. 3610) [30JY]
------making (H.R. 3610), conference report [28SE]
California: management of the Presidio facilities (H.R. 4236)
[28SE]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Consideration of Conference Report on H.R. 3230, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 498) (H. Rept.
104-732) [31JY]
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure: Committee on Rules (House) (H.
Res. 497) (H. Rept. 104-731) [31JY]
Consideration of Conference Report on S. 1124, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 340) (H. Rept.
104-451) [23JA]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
Consideration of H.R. 3230, Dept. of Defense Appropriations for
Military Activities and Personnel Strengths: Committee on
Rules (House) (H. Res. 430) (H. Rept. 104-570) [9MY]
Consideration of H.R. 3308, Limit Placement of Armed Forces Under
U.N. Operational or Tactical Control: Committee on Rules
(House) (H. Res. 517) (H. Rept. 104-774) [4SE]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure: Committee on Rules (House) (H. Res. 442) (H.
Rept. 104-599) [29MY]
Consideration of H.R. 3610, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 453) (H. Rept. 104-619)
[12JN]
Dept. of Defense Appropriations: Committee of Conference (H.R.
3610) (H. Rept. 104-863) [28SE]
------Committee on Appropriations (House) (H.R. 3610) (H. Rept.
104-617) [11JN]
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths: Committee of Conference (H.R. 3230) (H.
Rept. 104-724) [30JY]
------Committee of Conference (S. 1124) (H. Rept. 104-450) [22JA]
------Committee on National Security (House) (H.R. 3230) (H. Rept.
104-563) [7MY]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure: Committee of
Conference (H.R. 3517) (H. Rept. 104-721) [30JY]
------Committee on Appropriations (House) (H.R. 3517) (H. Rept.
104-591) [23MY]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Intelligence Community Reorganization and Reform: Committee on
National Security (House) (H.R. 3237) (H. Rept. 104-620)
[23JY]
Limit Placement of Armed Forces Under U.N. Operational or Tactical
Control: Committee on National Security (House) (H.R. 3308)
(H. Rept. 104-642) [27JN]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
Restore Missing Person Status to Certain Dept. of Defense Civilian
and Contract Employees: Committee on National Security (House)
(H.R. 4000) (H. Rept. 104-806) [17SE]
[[Page 3006]]
Tax Treatment of Military Income Derived From Services Performed
During a Contingency Operation: Committee on Ways and Means
(House) (H.R. 2778) (H. Rept. 104-465) [29FE]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
DEPARTMENT OF EDUCATION
Appointments
Advisory Committee on Student Financial Assistance [18JY]
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Crime: require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
------making appropriations (H.R. 3755), consideration (see H.
Res. 472) [9JY]
Education: deny funds to education programs that allow corporal
punishment (see H.R. 2918) [31JA]
------develop elementary and secondary school curriculum standards
(see H.R. 3257) [16AP]
------eligibility standards for short term educational programs
(see H.R. 2914) [31JA]
------establish Role Models Academy for at-risk youths (see H.R.
4161) [24SE]
------exempt certain lenders from audit requirements of student
loan programs (see H.R. 3002) [4MR]
------funding levels for federally assisted education programs
(see H. Con. Res. 144) [1FE]
------participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
------permit financial institutions under the Federal Family
Education Loan Program to pay origination fees of borrowers
(see H.R. 3863) [22JY]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
National Environmental Science and Policy Academy: feasibility
study (see H.R. 4175) [25SE]
Motions
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Reports filed
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
DEPARTMENT OF ENERGY
Bills and resolutions
Electric and Magnetic Fields Research and Public Information
Dissemination Program: extension (see H.R. 4013) [2AU]
Energy Policy and Conservation Act: extend certain programs (see
H.R. 4083) [17SE]
National Test and Demonstration Center of Excellence: establish at
the Nevada test site (see H.R. 2899) [25JA]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
Radioactive substances: suspend reprocessing activities for spent
nuclear fuel and radioactive target materials (see H. Con.
Res. 197) [10JY]
Research: authorize hydrogen development and demonstration
programs (see H.R. 4138) [24SE]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Energy Policy and Conservation Act Programs Extension: Committee
on Commerce (House) (H.R. 4083) (H. Rept. 104-814) [20SE]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Bills and resolutions
Alcoholic beverages: require Dept. of HHS reports on alcohol
advertising practices (see H.R. 3475) [16MY]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
------making appropriations (H.R. 3755), consideration (see H.
Res. 472) [9JY]
Drugs: prepare and publish a consumer guide to prescription drug
prices (see H.R. 3059) [8MR]
Employment: opportunities for women scientists (see H.R. 3791)
[11JY]
Health: establish a program for training in lifesaving first aid
for individuals experiencing cardiac arrest (see H.R. 3022)
[6MR]
------protection of enrollees in managed care plans and health
maintenance organizations (see H.R. 4220) [26SE]
Health care facilities: waiver of prior hospitalization
requirement for coverage of skilled nursing facility services
for certain individuals (see H.R. 4244) [27SE]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Native Americans: repeal Indian trading laws (see H.R. 3215)
[29MR]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Social Security: application for waiver of certain AFDC and
Medicaid demonstration projects (see H.R. 3696) [20JN]
------Medicare reimbursement to Military Health Services System
(see H.R. 3142, 3151, 4068) [21MR] [12SE]
Conference reports
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Messages
Radiation Control for Health and Safety Act: President Clinton
[27MR]
Revised Deferral of Budgetary Resources: President Clinton [24JN]
Motions
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Reports filed
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Appointments
Conferees: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (see H.R. 3666) [18JN]
------making appropriations (H.R. 3666), consideration (see H.
Res. 456) [19JN]
FHA: streamline certain single family housing programs (see H.R.
3742) [27JN]
Homeless: consolidate Federal housing assistance programs (see
H.R. 3964) [2AU]
------terminate the property disposition program providing single-
family properties for use for the homeless (see H.R. 4085)
[17SE]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
------authorize, revise, and extend certain Federal programs (see
H.R. 3743) [27JN]
------deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
------enforcement of regulatory requirements for single-and
multifamily housing (see H.R. 3741) [27JN]
------establish consensus committee for maintenance and revision
of safety standards for manufactured home construction (see
H.R. 3404, 3406) [7MY]
------limit use of federally assisted housing by aliens (see H.R.
2885) [25JA]
------occupancy standards for federally assisted housing relative
to drug and alcohol abusers (see H.R. 3390) [2MY]
------occupancy standards relative to purchasers of single family
residential properties (see H.R. 4141) [24SE]
------prevent certain abuses (see H.R. 4235) [27SE]
------rental assistance payments for certain owners of
manufactured homes who rent the lots on which their homes are
located (see H.R. 3402) [7MY]
------State authority to set rental occupancy standards (see H.R.
3385) [1MY]
Public buildings: community use of public facilities that are
acquired, constructed, or rehabilitated using community
development block grants (see H.R. 3888) [24JY]
Public housing: notify local government about proposed assisted
multifamily housing projects (see H.R. 4064) [12SE]
Securities: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
[[Page 3007]]
States: withhold public housing assistance to agencies that impede
eviction of a tenant (see H.R. 3865) [22JY]
Conference reports
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
Messages
Dept. of HUD Annual Report: President Clinton [29JY]
Motions
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666) [26JN] [11SE]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Reports filed
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations: Committee on
Rules (House) (H. Res. 456) (H. Rept. 104-630) [19JN]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations: Committee of Conference (H.R. 3666)
(H. Rept. 104-812) [20SE]
------Committee on Appropriations (House) (H.R. 3666) (H. Rept.
104-628) [18JN]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [1FE] [25AP]
DEPARTMENT OF JUSTICE
Appointments
Conferees: H.R. 2202, Immigration in the National Interest Act
[11SE]
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 3814), consideration (see H. Res. 479)
[16JY]
------making appropriations (see H.R. 3814) [16JY]
Federal courts: improve operation and administration (see H.R.
4314) [28SE]
Firearms: require consultation before the manufacture,
importation, or sale of armor piercing ammunition for use by a
governmental entity (see H.R. 3016) [5MR]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202), consideration (see H. Res. 384)
[14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
------asylum reform (see H.R. 3744) [27JN]
Independent counsel: reform statute (see H.R. 3239) [15AP]
INS: promote the naturalization of eligible individuals (see H.R.
3323) [25AP]
------standards for naturalization (see H.R. 4056, 4143) [11SE]
[24SE]
Law enforcement officers: establish a national clearinghouse to
assist in background checks of law enforcement applicants (see
H.R. 3263) [17AP]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
Prosecutors: establish ethics standards (see H.R. 3386) [1MY]
States: assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
Terrorism: U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
Conference reports
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Motions
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 2076), veto [3JA]
------making appropriations (H.R. 3814) [24JY]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Reports filed
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations: Committee on Rules (House)
(H. Res. 479) (H. Rept. 104-678) [16JY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations: Committee on Appropriations (House) (H.R.
3814) (H. Rept. 104-676) [16JY]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
DEPARTMENT OF LABOR
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Construction industries: use of inspectors that meet standards
established by the Dept. of Labor (see H.R. 3216) [29MR]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
------making appropriations (H.R. 3755), consideration (see H.
Res. 472) [9JY]
Employment: protect employer rights (see H.R. 3211) [29MR]
------treatment of temporary and part-time workers (see H.R. 3682)
[19JN]
ERISA: issuance of guidelines relative to insurance company
general accounts (see H.R. 3114) [19MR]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
Motions
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Reports filed
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
DEPARTMENT OF STATE
Appointments
Conferees: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Board of Visa Appeals: establish (see H.R. 2975) [27FE]
Business and industry: reduce Federal subsidies and strengthen tax
treatment of individuals who renounce their citizenship (see
H.R. 4122) [19SE]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 3814), consideration (see H. Res. 479)
[16JY]
------making appropriations (see H.R. 3814) [16JY]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863, 3540) [22JA] [29MY]
------making appropriations (H.R. 3540), consideration (see H.
Res. 445) [30MY]
Foreign policy: U.S. membership in regional South Pacific
organizations (see H. Con. Res. 189) [18JN]
Government: consolidate foreign affairs agencies (H.R. 1561),
consideration of conference report (see H. Res. 375) [7MR]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
Lebanon: restrictions on travel and the use of U.S. passports (see
H. Res. 390) [22MR]
Refugees: treatment of adult children of Vietnamese reeducation
camp internees relative to resettlement in the U.S. (see H.
Res. 493) [30JY]
Conference reports
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Messages
National Emergency Relative to Iran: President Clinton [16MY]
Revised Deferral of Budgetary Resources: President Clinton [5MR]
Veto of H.R. 1561, American Overseas Interests Act: President
Clinton [15AP]
Motions
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 2076), veto [3JA]
------making appropriations (H.R. 3814) [24JY]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
Reports filed
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation: Committee on Rules (House) (H. Res.
375) (H. Rept. 104-476) [7MR]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations: Committee on Rules (House)
(H. Res. 479) (H. Rept. 104-678) [16JY]
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations: Committee on Appropriations (House) (H.R.
3814) (H. Rept. 104-676) [16JY]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
DEPARTMENT OF THE INTERIOR
Appointments
Conferees: H.R. 1296, Presidio facilities management [9MY]
Bills and resolutions
Agriculture: fair payment for use of Bureau of Reclamation water
(see H.R. 3917) [30JY]
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
[[Page 3008]]
American Discovery Trail: establish (see H.R. 3250) [16AP]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Arizona: acquisition by eminent domain of certain State trust
lands (see H.R. 3929) [31JY]
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
BIA: establish pilot project to oversee issuance of bonds to
provide funding for construction of schools for Native
Americans (see H.R. 4151) [24SE]
------reorganization (see H.R. 3354) [30AP]
BLM: authorizing appropriations (see H.R. 3290) [23AP]
Bureau of Reclamation: settlement with Oroville-Tonasket
Irrigation District (see H.R. 3777) [10JY]
Burley Irrigation District: transfer certain facilities of the
Minidoka Project (see H.R. 4295) [28SE]
California: conveyance of certain property (see H.R. 3083) [14MR]
------exchange of certain Federal lands (see H.R. 3146, 3147)
[21MR]
------management of the Presidio facilities (see H.R. 4236) [27SE]
------management of the Presidio facilities (H.R. 1296),
consideration of conference report (see H. Res. 536) [25SE]
Calumet Ecological Park: feasibility study (see H.R. 3412) [8MY]
Carbon Hill National Fish Hatchery: convey to Alabama (see H.R.
2982) [28FE]
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Collbaran reclamation project: land conveyance (see H.R. 3366)
[30AP]
Crawford National Fish Hatchery: convey to Crawford, NE (see H.R.
3287) [23AP]
Crook County, WY: conveyance of U.S. Fish and Wildlife Service
lands to Wyoming (see H.R. 3579) [5JN]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 3662) [18JN]
------making appropriations (H.R. 3662), consideration (see H.
Res. 455) [18JN]
Dutch John, UT: dispose of certain Federal properties and assist
local government in the interim delivery of basic services
(see H.R. 3486) [16MY]
Federal employees: improve housing of land management agency field
employees (see H.R. 2941) [1FE]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Florida: clarification of certain rights of the Miccosukee Tribe
(see H.R. 4199) [26SE]
------designate the Wekiva River, Seminole Creek and Rock Springs
Run for potential addition to the Wild and Scenic River System
(see H.R. 3155) [22MR]
Hinsdale, CO: land exchange (see H.R. 4213) [26SE]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Marion National Fish Hatchery: convey to Alabama (see H.R. 3557)
[30MY]
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
National Discovery Trails: establish (see H.R. 3250) [16AP]
National Geologic Mapping Act: reauthorize and amend (see H.R.
3198) [29MR]
National parks and recreation areas: authorize entrance fees to
secure bonds for capital improvements (see H.R. 3788) [11JY]
Native Americans: administrative procedures for extension of
Federal recognition to certain Indian groups (see H.R. 2997)
[29FE]
------repeal Indian trading laws (see H.R. 3215) [29MR]
New Mexico: land conveyance to Carlsbad Irrigation District (see
H.R. 3258) [17AP]
North Carolina: Federal recognition of the Lumbee Tribe (see H.R.
3810) [12JY]
Oceans: improve coordination of Federal oceanographic programs
(see H.R. 3537) [29MY]
Palmetto Bend Project: transfer (see H.R. 3822) [16JY]
Public lands: provide that certain tribal lands held in trust be
defined as entitlement land (see H.R. 4202) [26SE]
------recovery and disposal of helium (see H.R. 3008) [5MR]
------right-of-way fees and liability standards affecting rural
electric cooperatives and other lessees (see H.R. 3377) [1MY]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
San Diego County, CA: provide loan guarantee to Olivenhain Water
Storage Project (see H.R. 3851) [18JY]
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
Stanislaus County, CA: conveyance of certain lands (see H.R. 4088)
[17SE]
Sudbury, Assabet, and Concord Rivers: designate certain segments
as components of the Wild and Scenic River System (see H.R.
3405) [7MY]
Tallgrass Prairie National Preserve: establish (see H.R. 4043)
[10SE]
United Houma Nation: Federal recognition and settlement of land
claims (see H.R. 3671) [18JN]
Virgin Islands: transfer of management authority of Christiansted
National Historic Site (see H.R. 3635) [13JN]
Walhalla National Fish Hatchery: convey to South Carolina (see
H.R. 3546) [29MY]
Conference reports
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Messages
Dept. of the Interior and Related Agencies Appropriations:
President Clinton [29AP]
Motions
California: management of the Presidio facilities (H.R. 4236)
[28SE]
Dept. of the Interior and related agencies: making appropriations
(H.R. 1977), veto [4JA]
------making appropriations (H.R. 3662) [20JN]
Reports filed
BLM Appropriations: Committee on Resources (House) (H.R. 3290) (H.
Rept. 104-658) [8JY]
California Exchange of Certain Federal Lands: Committee on
Resources (House) (H.R. 3147) (H. Rept. 104-760) [4SE]
Carbon Hill National Fish Hatchery Conveyance to Alabama:
Committee on Resources (House) (H.R. 2982) [8MY]
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Consideration of H.R. 3662, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
455) (H. Rept. 104-627) [18JN]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming: Committee on Resources (House) (H.R.
3579) (H. Rept. 104-711) [26JY]
Crawford National Fish Hatchery Conveyance to Crawford, NE:
Committee on Resources (House) (H.R. 3287) (H. Rept. 104-700)
[24JY]
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Crude Oil Undervaluation--Ineffective Response of the Minerals
Management Service: Committee on Government Reform and
Oversight (House) (H. Rept. 104-858) [27SE]
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 3662) (H. Rept. 104-
625) [18JN]
Designate Wekiva River, Seminole Creek, and Rock Springs Run, FL,
for Potential Addition to the Wild and Scenic River System:
Committee on Resources (House) (H.R. 3155) (H. Rept. 104-824)
[24SE]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Goshute Indian Reservation Additional Lands: Committee on
Resources (House) (H.R. 2464) (H. Rept. 104-562) [7MY]
Gunnison County, CO, Land Conveyance: Committee on Resources
(House) (H.R. 2438) (H. Rept. 104-766) [4SE]
Housing of Federal Land Management Agency Field Employees:
Committee on Resources (House) (H.R. 2941) (H. Rept. 104-802)
[17SE]
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
Marion National Fish Hatchery Conveyance to Alabama: Committee on
Resources (House) (H.R. 3557) (H. Rept. 104-702) [24JY]
National Geologic Mapping Act Reauthorization: Committee on
Resources (House) (H.R. 3198) (H. Rept. 104-668) [11JY]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
Public Rangelands Management Act: Committee on Resources (House)
(S. 1459) (H. Rept. 104-674) [12JY]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
Tensas River National Wildlife Refuge Appropriations: Committee on
Resources (House) (H.R. 2660) (H. Rept. 104-526) [18AP]
Walhalla National Fish Hatchery Conveyance to South Carolina:
Committee on Resources (House) (H.R. 3546) H. Rept. 104-701)
[24JY]
DEPARTMENT OF THE TREASURY
Appointments
Conferees: S. 1136, Anticounterfeiting Consumer Protection Act
[4JN]
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Coins: establish circulating commemorative coin program
commemorating each State (see H.R. 3793) [11JY]
Currency: establish interagency task force relative to the holding
and counterfeiting of U.S. currency in foreign countries (see
H.R. 3007) [5MR]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 3756) [8JY]
------making appropriations (H.R. 3756), consideration (see H.
Res. 475) [11JY]
Disasters: provide windstorm insurance to certain property owners
and require study relative to taxation of insurance reserves
for future natural disasters (see H.R. 4115) [19SE]
Firearms: require consultation before the manufacture,
importation, or sale of armor piercing ammunition for use by a
governmental entity (see H.R. 3016) [5MR]
Government: improve debt-collection and credit evaluation
practices (see H.R. 3809) [12JY]
House Rules: question of privilege relative to public debt ceiling
(see H. Res. 354) [31JA]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
Money: use of tactile currency for the blind and visually impaired
(see H. Res. 385) [14MR]
Public debt: ceiling (see H.R. 2862, 2896, 2897, 2920, 3136)
[22JA] [25JA] [31JA] [21MR]
------ceiling (H.R. 2409), engrossment (see H. Res. 356) [1FE]
[[Page 3009]]
------ceiling (H.R. 3136), consideration (see H. Res. 391) [27MR]
------ceiling (H.R. 3136), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
Social Security: payment of benefits relative to the debt limit
extension (see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
Wright, Orville and Wilbur: mint coins in commemoration of
centennial anniversary of first manned flight (see H.R. 4203)
[26SE]
Motions
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
Money: control and prevent commercial counterfeiting (S. 1136)
[4JN]
Public debt: ceiling (H.R. 3136) [28MR]
Reports filed
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 475) (H.
Rept. 104-671) [11JY]
Control and Prevent Commercial Counterfeiting of Money: Committee
on the Judiciary (House) (H.R. 2511) (H. Rept. 104-556) [6MY]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 3756) (H. Rept. 104-660) [8JY]
Safeguard Taxpayer Rights: Committee on Ways and Means (House)
(H.R. 2337) (H. Rept. 104-506) [28MR]
DEPARTMENT OF TRANSPORTATION
Appointments
Conferees: H.R. 3539, FAA programs reauthorization [24SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions
Appropriations: authorizing for certain maritime programs (see
H.R. 3281) [22AP]
Ark (vessel): certificate of documentation (see H.R. 2871) [23JA]
Aviation: prohibit certain individuals from piloting aircraft
relative to aeronautical records, competitions, or feats (see
H.R. 3267) [18AP]
------prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
------require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
------requirements relative to families of passengers involved in
aircraft accidents (see H.R. 3923) [31JY]
------solicit proposals from air carriers to provide air service
to certain areas (see H.R. 3739) [27JN]
------standards relative to foreign repair stations (see H.R.
3839) [17JY]
Barefoot'n (vessel): certificate of documentation (see H.R. 2907)
[30JA]
Beacon (vessel): certificate of documentation (see H.R. 3914)
[29JY]
Cargo transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
Coast Guard: authorizing appropriations (S. 1004), corrections in
enrollment of conference report (see H. Con. Res. 229) [28SE]
------conveyance of Presque Isle Light Station, MI (see H.R. 3344)
[25AP]
------conveyance of St. Helena Island Light Station, MI (see H.R.
3278) [18AP]
------cost estimate for the engineering, design and retrofitting
of the icebreaker Mackinaw (see H.R. 4081) [17SE]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 3675) [19JN]
------making appropriations (H.R. 3675), consideration (see H.
Res. 460) [25JN]
------making appropriations (H.R. 3675), consideration of
conference report (see H. Res. 522) [17SE]
FAA: authorize research, engineering, and development programs
(see H.R. 3484) [16MY]
------compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
------essential air service funding (see H.R. 3037) [6MR]
------reauthorizing programs (see H.R. 3539) [29MY]
------reauthorizing programs (H.R. 3539), consideration of
conference report (see H. Res. 540) [26SE]
------reorganize and remove all duties not related to safety (see
H.R. 3831) [17JY]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Hey, Da! (vessel): certificate of documentation (see H.R. 4225)
[26SE]
High Hopes II (vessel): certificate of documentation (see H.R.
3935) [31JY]
High Hopes (vessel): certificate of documentation (see H.R. 3935)
[31JY]
Hoptoad (vessel): certificate of documentation (see H.R. 3388)
[1MY]
Karma (vessel): certificate of documentation (see H.R. 3133)
[20MR]
Magic Moments (vessel): certificate of documentation (see H.R.
3082) [13MR]
Maralinda (vessel): certificate of documentation (see H.R. 3915)
[30JY]
Medrx III (vessel): certificate of documentation (see H.R. 4163)
[24SE]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093,
4287) [17SE] [28SE]
Railroads: implementation of exemptions to train whistle
requirements at public highway-rail grade crossings (see H.
Con. Res. 201) [25JY]
------reform the Federal Railroad Administration and improve
safety laws (see H.R. 3335) [25AP]
Regent Rainbow (vessel): certificate of documentation (see H.R.
4078) [12SE]
Roads and highways: construction funding (see H.R. 3775) [10JY]
------funding for roads classified as local or rural minor
collectors (see H.R. 3165) [26MR]
------include graffiti removal within meaning of transportation
enhancement activity (see H.R. 3848) [18JY]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
Sea Sister (vessel): certificate of documentation (see H.R. 3813)
[12JY]
Ships and vessels: certificate of documentation for certain
vessels (see H.R. 3701) [20JN]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
Taxation: aviation excise taxes relative to Airport and Airway
Trust Fund expenditures (see H.R. 4206) [26SE]
Top Gun (vessel): certificate of documentation (see H.R. 3370)
[30AP]
Transportation: increase use of natural gas as a fuel (see H.R.
4288) [28SE]
------requirements relative to operators of certain farm vehicles
(see H.R. 3356) [30AP]
------transfer authority over highway programs and mass transit
programs to States (see H.R. 3840) [17JY]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
Two Can (vessel): certificate of documentation (see H.R. 3040)
[6MR]
Western Atlantic (vessel): certificate of documentation (see H.R.
3913) [29JY]
White Wing (vessel): certificate of documentation (see H.R. 3371)
[30AP]
Conference reports
Coast Guard Appropriations (S. 1004) [27SE]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
FAA Programs Reauthorization (H.R. 3539) [26SE]
Messages
Dept. of Transportation Annual Report: President Clinton [25JA]
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
Motions
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675) [5SE]
Reports filed
Child Pilot Safety Act: Committee on Transportation (House) (H.R.
3267) (H. Rept. 104-683) [17JY]
Coast Guard Appropriations: Committee of Conference (S. 1004) (H.
Rept. 104-854) [27SE]
Codify Certain Transportation Laws: Committee on the Judiciary
(House) (H.R. 2297) (H. Rept. 104-573) [14MY]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization: Committee on Rules (House) (H. Res. 540) (H.
Rept. 104-851) [26SE]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 522) (H. Rept. 104-803) [17SE]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
460) (H. Rept. 104-633) [25JN]
Dept. of Transportation and Related Agencies Appropriations:
Committee of Conference (H.R. 3675) (H. Rept. 104-785) [16SE]
------Committee on Appropriations (House) (H.R. 3675) (H. Rept.
104-631) [19JN]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
FAA Programs Reauthorization: Committee of Conference (H.R. 3539)
(H. Rept. 104-848) [26SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3539) (H. Rept. 104-714) [26JY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
DEPARTMENT OF VETERANS AFFAIRS
Appointments
Conferees: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
Bills and resolutions
Appropriations: making continuing (H.J. Res. 134), disposition of
Senate amendment (see H. Res. 336) [5JA]
[[Page 3010]]
------making continuing (H.J. Res. 134), transmission procedures
relative to balanced budget submission (see H. Con. Res. 131)
[5JA]
Armed Forces: treatment of Dept. of Defense separation pay
relative to Dept. of Veterans Affairs disability compensation
(see H.R. 3521) [23MY]
Benefits: extend to certain children of Vietnam veterans born with
spina bifida (see H.R. 3927) [31JY]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Commission on the Future for America's Veterans: establish (see
H.R. 4060) [11SE]
Construction industries: revise ranking process of applicants and
limit awards to States for certain construction grants (see
H.R. 3722) [26JN]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (see H.R. 3666) [18JN]
------making appropriations (H.R. 3666), consideration (see H.
Res. 456) [19JN]
Education: require that educational assistance programs offices be
located within the District of Columbia (see H.R. 3036) [6MR]
Health: develop plan for allocation of health care resources (see
H.R. 3346) [25AP]
------develop sharing agreements relative to health care resources
(see H.R. 3321, 3561) [25AP] [30MY]
------expand services at veterans medical centers (see H.R. 3117)
[20MR]
------priority health care to certain veterans exposed to
hazardous or radioactive substances (see H.R. 3643) [13JN]
Health care facilities: authorize medical facility projects and
leases (see H.R. 3376) [1MY]
Housing: extend enhanced loan asset sale authority (see H.R. 3459)
[15MY]
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
VA medical centers: authorize to retain funds collected for health
services provision (see H.R. 2913) [31JA]
Veterans: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
------authorize financial assistance for legal representation in
Court of Veterans Appeals proceedings (see H.R. 3493) [20MY]
------compliance with veterans' preference requirements (see H.R.
3594) [6JN]
------eligibility for training and rehabilitation assistance and
transfer of certain educational assistance authority (see H.R.
3674) [19JN]
------eliminate double taxation of lump sum separation benefits
and compensation for a service-connected disability (see H.R.
3183) [28MR]
------extend pay benefits to certain merchant mariners who served
during or immediately after World War II (see H.R. 3614)
[11JN]
------improve administration of life insurance programs (see H.R.
2843) [4JA]
------improve benefits for veterans exposed to ionizing radiation
(see H.R. 4173) [25SE]
------improve health care programs (see H.R. 3950) [2AU]
------improve programs and benefits (see H.R. 3373) [1MY]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
------payment of dependency and indemnity compensation to certain
former spouses of veterans dying from service-connected
disabilities (see H.R. 3542) [29MY]
------permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
------presumption of service connection for certain diseases and
disabilities relative to exposure to carbon tetrachloride (see
H.R. 2891) [25JA]
------priority health care to individuals who served in Israel or
Turkey during the Persian Gulf Conflict (see H.R. 3418) [8MY]
------reform and improve eligibility for medical care and services
(see H.R. 3118, 3119) [20MR]
------treatment of cold weather injuries received during military
operations (see H.R. 4007) [2AU]
Veterans Health Administration: establishment of research
corporations at VA medical centers (see H.R. 3285) [23AP]
Women: assessment of research and health care services for women
veterans (see H.R. 3711) [25JN]
------improve health care services for women veterans (see H.R.
3713, 3972) [25JN] [2AU]
------improve research activities for women veterans (see H.R.
3712) [25JN]
World War II: provide that service in the U.S. Cadet Nurse Corps
constituted active military service for veteran classification
(see H.R. 2995) [29FE]
Conference reports
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
Motions
Appropriations: making continuing (H.J. Res. 134) [5JA]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666) [26JN] [11SE]
Reports filed
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations: Committee on
Rules (House) (H. Res. 456) (H. Rept. 104-630) [19JN]
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations: Committee of Conference (H.R. 3666)
(H. Rept. 104-812) [20SE]
------Committee on Appropriations (House) (H.R. 3666) (H. Rept.
104-628) [18JN]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
Veterans Benefits Decision Revisions Based on Clear and
Unmistakable Error: Committee on Veterans Affairs (House)
(H.R. 1483) (H. Rept. 104-571) [10MY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
Veterans Programs and Benefits Improvements: Committee on Veterans
Affairs (House) (H.R. 3373) (H. Rept. 104-572) [10MY]
DEUTSCH, PETER (a Representative from Florida)
Bills and resolutions introduced by
Everglades National Park: designate Earnest F. Coe Visitor Center
(see H.R. 4241) [27SE]
Law enforcement officers: establish a national resource center and
clearinghouse relative to missing or exploited children (see
H.R. 3238) [15AP]
------reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
Marjory Stoneman Douglas Wilderness: designate (see H.R. 4241)
[27SE]
Ships and vessels: certificate of documentation for certain
vessels (see H.R. 3701) [20JN]
DEVELOPING COUNTRIES
Bills and resolutions
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
Peace Corps: anniversary (see H.J. Res. 158) [31JA]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
DEVELOPMENT FUND FOR AFRICA
Bills and resolutions
Funding (see H.R. 3638, 3735) [13JN] [27JN]
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT
Bills and resolutions
Reauthorization (see H.R. 3867) [23JY]
Reports filed
Reauthorization: Committee on Commerce (House) (H.R. 3867) (H.
Rept. 104-719) [30JY]
DIAZ-BALART, LINCOLN (a Representative from Florida)
Bills and resolutions introduced by
Congress: adjournment (see H. Con. Res. 192) [27JN]
------adjournment, consideration (see H. Res. 465) [26JN]
Crime: increase penalties relative to crimes against senior
citizens and children (H.R. 2974), consideration (see H. Res.
421) [2MY]
Cuba: strengthen international economic sanctions and support
transition to democratically elected government (H.R. 927),
consideration of conference report (see H. Res. 370) [5MR]
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (S. 1124), consideration
of conference report (see H. Res. 340) [23JA]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756), consideration (see H. Res. 475) [11JY]
National security: national missile defense system (H.R. 3144),
consideration (see H. Res. 438) [16MY]
Reports filed
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Consideration of Conference Report on S. 1124, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 340) (H. Rept.
104-451) [23JA]
Consideration of Congressional Adjournment: Committee on Rules
(House) (H. Res. 465) (H. Rept. 104-640) [26JN]
Consideration of H.R. 2974, Crimes Against Children and Elderly
Persons Increased Punishment Act: Committee on Rules (House)
(H. Res. 421) (H. Rept. 104-552) [2MY]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 475) (H.
Rept. 104-671) [11JY]
DICKEY, JAY (a Representative from Arkansas)
Appointments
Committee To Escort the President [23JA]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Honorable David H. Pryor Post Office Building, Camden, AR:
designate (see H.R. 3877) [23JY]
Independent counsel: reform statute (see H.R. 3239) [15AP]
Members of Congress: deny Federal retirement annuities to Members
convicted of felonies (see H.R. 3310) [24AP]
DICKS, NORMAN D. (a Representative from Washington)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
[[Page 3011]]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Bills and resolutions introduced by
Crime: use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Emergency Food Assistance Act: purchase of commodities using State
funds (see H.R. 3978) [2AU]
DINGELL, JOHN D. (a Representative from Michigan)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
------H.R. 3103, Health Coverage Availability and Affordability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3185) [28MR]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3436) [10MY]
Water: extend date for the transfer of certain amounts to be
available for drinking water State revolving funds (see H.R.
3902) [25JY]
Motions offered by
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [11JN]
DIPLOMATS
related term(s) Department of State
Appointments
Conferees: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
Bills and resolutions
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863, 3540) [22JA] [29MY]
------making appropriations (H.R. 3540), consideration (see H.
Res. 445) [30MY]
Motions
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
Reports filed
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
DISABLED
related term(s) Social Security
Bills and resolutions
Armed Forces: discharge of military personnel relative to positive
HIV test (see H.R. 2959, 3926, 4344) [1FE] [31JY] [4OC]
------treatment of Dept. of Defense separation pay relative to
Dept. of Veterans Affairs disability compensation (see H.R.
3521) [23MY]
Capitol Building and Grounds: authorizing use of Grounds for
Special Olympics torch relay (see H. Con. Res. 146) [5MR]
Census: collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Developmental Disabilities Assistance and Bill of Rights Act:
reauthorize (see H.R. 3867) [23JY]
Employment: safety-sensitive functions relative to individuals
that abuse controlled substances (see H.R. 4017) [2AU]
Health: improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
Individuals With Disabilities Education Act: reauthorization (see
H.R. 3268) [18AP]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
Medicaid: preadmission screening and resident review requirements
for certain nursing facilities (see H.R. 3632) [12JN]
Medicare: assure access to services under the Medicare HMO Program
(see H.R. 3079) [13MR]
------require hospitals to extend visitor privileges to non-family
members (see H.R. 4325) [28SE]
Money: use of tactile currency for the blind and visually impaired
(see H. Res. 385) [14MR]
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
Social Security: exempt States from certain regulatory
requirements relative to electronic distribution of benefits
(see H.R. 4089) [17SE]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
------use of current level disability benefits for blind
individuals in certain earnings test disability determinations
(see H.R. 4091) [17SE]
------waive waiting period for disability benefits relative to
individuals with terminal illnesses (see H.R. 3899, 3932)
[25JY] [31JY]
Tobacco products: consideration of addiction to nicotine as a
disability (see H. Con. Res. 223) [26SE]
Veterans: eligibility for training and rehabilitation assistance
and transfer of certain educational assistance authority (see
H.R. 3674) [19JN]
------eliminate double taxation of lump sum separation benefits
and compensation for a service-connected disability (see H.R.
3183) [28MR]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
------payment of dependency and indemnity compensation to certain
former spouses of veterans dying from service-connected
disabilities (see H.R. 3542) [29MY]
------permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
------presumption of service connection for certain diseases and
disabilities relative to exposure to carbon tetrachloride (see
H.R. 2891) [25JA]
Women: funding for research relative to alcohol abuse (see H.R.
3175) [27MR]
Reports filed
Developmental Disabilities Assistance and Bill of Rights Act
Reauthorization: Committee on Commerce (House) (H.R. 3867) (H.
Rept. 104-719) [30JY]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Individuals With Disabilities Education Act Reauthorization:
Committee on Economic and Educational Opportunities (House)
(H.R. 3268) (H. Rept. 104-614) [10JN]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Use of Capitol Grounds for Special Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
146) (H. Rept. 104-487) [20MR]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
DISASTERS
related term(s) Earthquakes; Famines; Floods; Hunger; Hurricanes;
Tornadoes
Bills and resolutions
Agriculture: coverage of native pasture crops for livestock under
the noninsured crop disaster assistance program (see H.R.
3575) [4JN]
------Federal assistance to livestock producers adversely affected
by drought conditions (see H.R. 3449; H. Con. Res. 181) [14MY]
[23MY]
Aviation: requirements relative to families of passengers involved
in aircraft accidents (see H.R. 3923) [31JY]
------tribute to victims of Trans World Airlines crash in New York
(see H. Con. Res. 204) [26JY]
Coast Guard: extend use of divers for search and rescue efforts
(see H.R. 4101) [17SE]
Corps of Engineers: conduct study of mitigation banks (see H.R.
4211) [26SE]
------construction of flood control project on the Sacramento and
American Rivers, CA (see H.R. 3270) [18AP]
Dams: reduce hazards of dam failures (see H.R. 3602) [6JN]
Dept. of Defense: sale of excess aircraft relative to suppression
of wildfires (see H.R. 4108) [18SE]
Education: development of curriculum designed to educate students
about the Irish famine (see H. Con. Res. 226) [27SE]
Emergency Management Assistance Compact: congressional consent
(see H.J. Res. 193) [17SE]
Federal employees: provide compensation for employees for
performance of emergency services during periods of lapsed
appropriations (see H.R. 2848) [4JA]
FEMA: assist State and local governments in disaster relief (see
H.R. 3032) [6MR]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Floods: correct flood maps containing certain errors (see H.R.
3340) [25AP]
------participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Insurance: provide windstorm insurance to certain property owners
and require study relative to taxation of insurance reserves
for future natural disasters (see H.R. 4115) [19SE]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
Taxation: exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------treatment of crops destroyed by casualty (see H.R. 3749)
[27JN]
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
Ukraine: anniversary of the Chornobyl nuclear reactor accident
(see H. Con. Res. 167) [24AP]
Weather: establish disaster and emergency assistance standards
relative to snow-related events (see H.R. 3348) [29AP]
Reports filed
Disaster and Emergency Assistance Standards Relative to Snow-
Related Events: Committee on Transportation and Infrastructure
(House) (H.R. 3348) (H. Rept. 104-792) [17SE]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
DISEASES
Bills and resolutions
Armed Forces: discharge of military personnel relative to positive
HIV test (see H.R. 2959, 3926, 4344) [1FE] [31JY] [4OC]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
[[Page 3012]]
Cancer: research on the human papilloma virus relative to cervical
cancer (see H. Con. Res. 156) [27MR]
Children and youth: pediatric and adolescent AIDS (see H. Con.
Res. 184) [12JN]
Dept. of Agriculture: provide diagnostic and certification
services to reduce diseases associated with salmonid family of
fish (see H.R. 2908) [31JA]
Dept. of Veterans Affairs: extend benefits to certain children of
Vietnam veterans born with spina bifida (see H.R. 3927) [31JY]
Drugs: review use of radiopharmaceuticals (see H.R. 3065) [12MR]
Families and domestic relations: support of individuals affected
by breast cancer (see H. Con. Res. 177) [10MY]
Harold Hughes Commission on Alcoholism: establish (see H.R. 3600)
[6JN]
Health: administration of drugs and devices to terminally ill
patients (see H.R. 3149) [21MR]
------allow marketing of Sensor Pad medical device to aid in
breast self-examination (see H.R. 3504) [22MY]
------establish a comprehensive program relative to alcohol and
alcohol abuse (see H.R. 3479) [16MY]
------establish a program for training in lifesaving first aid for
individuals experiencing cardiac arrest (see H.R. 3022) [6MR]
------establish estrogenic substance screening programs (see H.R.
3293) [23AP]
------matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
------permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3582,
3958) [5JN] [2AU]
------require health plans to provide coverage for a minimum
hospital stay for certain breast cancer treatments (see H.R.
4296) [28SE]
Health care facilities: waiver of prior hospitalization
requirement for coverage of skilled nursing facility services
for certain individuals (see H.R. 4244) [27SE]
HIV: efforts to prevent transmission (see H.R. 3937) [1AU]
Insurance: prohibit use of genetic information in determining
coverage or premiums (see H.R. 4008) [2AU]
Lymphangioleiomyomatosis disease: research programs (see H.R.
3715) [25JN]
Medicaid: preadmission screening and resident review requirements
for certain nursing facilities (see H.R. 3632) [12JN]
------reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
------screening mammography and screening pap smears (see H.R.
3630) [12JN]
Medicare: allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------coverage of outpatient parenteral antimicrobial therapy (see
H.R. 4190) [25SE]
------coverage of outpatient self-management training services and
blood-testing strips for persons with diabetes (see H.R. 4264)
[27SE]
------coverage of vancomycin home parenteral therapy (see H.R.
4189) [25SE]
------demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
------reduce payment for certain costs of acquiring organs for
transplant from organ procurement organizations (see H.R.
4022) [4SE]
------screening mammography (see H.R. 3052) [7MR]
National Cancer Institute: increase involvement of advocates in
breast cancer research (see H.R. 3583) [5JN]
NIH: expand and coordinate National Heart, Lung, and Blood
Institute activities on women's diseases (see H.R. 3001)
[29FE]
------expand programs to research osteoporosis and related bone
diseases (see H.R. 3331) [25AP]
Parkinson's disease: research programs (see H.R. 3514) [22MY]
Postage stamps: issue special stamps to fund breast cancer
research (see H.R. 3401) [7MY]
Public Health Service: extend breast cancer research programs (see
H.R. 3443) [10MY]
Public Health Service Act: provide inclusive information service
relative to certain diseases (see H.R. 4257) [27SE]
San Francisco, CA: recognize the significance of the AIDS Memorial
Grove in Golden Gate Park (see H.R. 3193) [28MR]
Tariff: HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
Veterans: presumption of service connection for certain diseases
and disabilities relative to exposure to carbon tetrachloride
(see H.R. 2891) [25JA]
Women: effect of environment on health (see H.R. 3509) [22MY]
------preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research health risks of dioxin in tampons (see H.R. 3796)
[11JY]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
Conference reports
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Reports filed
Blood Supply Protection From Infectious Diseases: Committee on
Government Reform and Oversight (House) (H. Rept. 104-746)
[2AU]
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
DISTRICT OF COLUMBIA
Appointments
Conferees: H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions
Appropriations: making (see H.R. 3845) [18JY]
------making continuing (see H.J. Res. 153, 154) [3JA]
------making (H.R. 2546), consideration of conference report (see
H. Res. 351) [31JA]
Capitol Building and Grounds: authorizing use of Grounds for
Greater Washington Soap Box Derby (see H. Con. Res. 153)
[22MR]
------authorizing use of Grounds for Washington for Jesus 1996
prayer rally (see H. Con. Res. 161, 166) [15AP] [18AP]
Corps of Engineers: authorize capital improvements for the
Washington Aqueduct (see H.R. 2917) [31JA]
Dept. of Veterans Affairs: require that educational assistance
programs offices be located within the District of Columbia
(see H.R. 3036) [6MR]
E. Barrett Prettyman U.S. Courthouse: designate (see H.R. 3029)
[6MR]
Employment: treatment of employees relative to participation in
political campaigns (see H.R. 3918) [30JY]
------waive reduction for early retirement to assist in workforce
downsizing efforts (see H.R. 3336) [25AP]
George Washington University: anniversary (see H. Con. Res. 139)
[31JA]
Local government: make technical corrections to improve operations
(see H.R. 3664) [18JN]
Medicaid: waiver of enrollment composition rule for the District
of Columbia Chartered Health Plan (see H.R. 3264) [17AP]
Pensions: treatment of funds relative to certain public employees
(see H.R. 3389) [2MY]
Ralph David Abernathy Memorial Foundation: extend authority to
establish memorial (see H.J. Res. 183) [11JY]
Ronald H. Brown Commerce Building: designate (see H.R. 3247)
[15AP]
Smithsonian Institution: authorize construction of the National
Air and Space Museum Dulles Center (see H.R. 3933) [31JY]
Taxation: treatment of District of Columbia residents (see H.R.
3244, 4155) [15AP] [24SE]
Veterans: authorize the Pyramid of Remembrance Foundation to
establish a memorial dedicated to soldiers who have died in
foreign conflicts (see H.R. 3442) [10MY]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
Water: permit council to authorize the issuance of revenue bonds
relative to water and sewer facilities (see H.R. 3663) [18JN]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
Conference reports
District of Columbia Appropriations (H.R. 2546) [31JA], (H.R.
3845) [1AU]
Motions
Appropriations: making (H.R. 2546) [31JA]
Reports filed
Consideration of Conference Report on H.R. 2546, District of
Columbia Appropriations: Committee on Rules (House) (H. Res.
351) (H. Rept. 104-456) [31JA]
District of Columbia Appropriations: Committee of Conference (H.R.
2546) (H. Rept. 104-455) [31JA]
------Committee of Conference (H.R. 3845) (H. Rept. 104-740) [1AU]
------Committee on Appropriations (House) (H.R. 3845) (H. Rept.
104-689) [18JY]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: Committee on
Transportation and Infrastructure (House) (H.R. 3029) (H.
Rept. 104-588) [21MY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities:
Committee on Government Reform and Oversight (House) (H.R.
3663) (H. Rept. 104-635) [25JN]
Transfer Jurisdiction Over Certain Federal Real Property in the
District of Columbia: Committee on Resources (House) (H.R.
2636) (H. Rept. 104-368) [26JY]
Use of Capitol Grounds for Greater Washington Soap Box Derby:
Committee on Transportation and Infrastructure (House) (H.
Con. Res. 153) (H. Rept. 104-589) [21MY]
DIXON, JULIAN C. (a Representative from California)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Motions offered by
District of Columbia: making appropriations (H.R. 2546) [31JA]
DOCTORS
see Health Care Professionals
DOMESTIC POLICY
Appointments
Conferees: H.R. 3103, Health Coverage Availability and
Affordability Act [11JN]
Bills and resolutions
Crime: national policy to control crime and reform court
procedures (see H.R. 2992) [29FE]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
Education: authorize awarding of Presidential Honors Scholarships
to certain graduating secondary school students (see H.R.
4259) [27SE]
------restore equal educational opportunity (see H.R. 4304) [28SE]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
Foreign policy: establish additional narcotics control
certification standards and reporting requirements for
[[Page 3013]]
certain illicit drug producing countries and drug-transit
countries (see H.R. 3689) [20JN]
Foreign trade: imposition of trade sanctions on countries which
threaten the U.S. policy on the reduction and interdiction of
illicit drugs (see H.R. 3023) [6MR]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Government: require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Health: assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------modify certain programs relative to minority women (see H.R.
3179) [27MR]
------national policy to provide health care and reform insurance
procedures (see H.R. 2893, 3013, 3063, 3070, 3103, 3130, 3160,
3185) [25JA] [5MR] [12MR] [18MR] [20MR] [26MR] [28MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
------national policy to provide health care to children and
pregnant women (see H.R. 3787) [11JY]
------require health plans to provide coverage of children (see
H.R. 4110, 4300) [18SE] [28SE]
Immigration: waiver of exclusion for certain aliens (see H.R.
3928) [31JY]
Mental health: national policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4045, 4058)
[10SE] [11SE]
National Mental Health Parity Act: implementation (see H.R. 4135)
[24SE]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Social Security: reform Federal old age, survivors, and disability
insurance benefits (see H.R. 3758) [9JY]
States: assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
------provide Federal grants for drug testing projects (see H.R.
3778) [10JY]
Taxation: replace individual and corporate income taxes, Social
Security, and Medicare taxes with a value-added tax (see H.R.
4050) [11SE]
------treatment of worker retraining expenditures (see H.R. 2998)
[29FE]
Television: broadcast of violent programming (see H. Res. 541)
[26SE]
------establish toll-free number for comments relative to the
broadcasting of violent programming (see H.R. 2964) [9FE]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
Women: national policy to provide health care and reform insurance
procedures (see H.R. 3178) [27MR]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Messages
Economic Report: President Clinton [16FE]
Federal Budget for Fiscal Year 1997: President Clinton [6FE]
[19MR]
National Drug Control Strategy: President Clinton [29AP]
Motions
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Reports filed
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY], (H. Res. 502) (H.
Rept. 104-738) [1AU]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
------Committee on Economic and Educational Opportunities (House)
(H.R. 995) (H. Rept. 104-498) [25MR]
DOMESTIC VIOLENCE
see Families and Domestic Relations
DOOLITTLE, JOHN T. (a Representative from California)
Bills and resolutions introduced by
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
Corps of Engineers: construction of flood control project on the
Sacramento and American Rivers, CA (see H.R. 3270) [18AP]
Crime: national policy to control crime and reform court
procedures (see H.R. 2992) [29FE]
Dept. of Agriculture: provide for maintenance of concrete dams and
weirs located in the Emigrant Wilderness area (see H.R. 3886)
[24JY]
House Rules: require witnesses at committee hearings to disclose
Federal grants or contracts received during current and
previous fiscal years (see H. Res. 486) [22JY]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments in California
(see H.R. 4242) [27SE]
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
DORNAN, ROBERT K. (a Representative from California)
Appointments
Conferee: H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
Armed Forces: discharge of military personnel relative to positive
HIV test (see H.R. 3926, 4344) [31JY] [4OC]
------policy regarding military service by homosexuals (see H.R.
3925) [31JY]
Dept. of Defense: provide compensation to certain Vietnamese who
were employed during the Vietnamese Conflict (see H.R. 3668)
[18JN]
------restore missing person status to certain civilian and
contractor employees (see H.R. 4000) [2AU]
Japan: treatment of U.S. military and civilian POW's during World
War II (see H. Con. Res. 176) [10MY]
Refugees: treatment of adult children of Vietnamese reeducation
camp internees relative to resettlement in the U.S. (see H.
Res. 493) [30JY]
Taxation: clarify restrictions on lobbying expenditures of tax-
exempt organizations (see H.R. 3240) [15AP]
------require income tax instructions provide explanation of laws
relative to a balanced budget (see H.R. 2884) [25JA]
Washington, George: reading of Farewell Address at the beginning
of each Congress (see H. Con. Res. 222) [26SE]
DOS PALOS, CA
Bills and resolutions
Dos Palos Ag Boosters: conveyance of certain lands (see H.R. 4041)
[10SE]
DOUGLAS, MARJORY STONEMAN
Bills and resolutions
Marjory Stoneman Douglas Wilderness: designate (see H.R. 4241)
[27SE]
DOYLE, MIKE (a Representative from Pennsylvania)
Bills and resolutions introduced by
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
DREIER, DAVID (a Representative from California)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Appropriations: making continuing (H.J. Res. 175), consideration
(see H. Res. 411) [23AP]
------making continuing (H.R. 3019), consideration (see H. Res.
372) [6MR]
Budget: setting forth the Federal budget for 1997-2002 (H. Con.
Res. 178), consideration of conference report (see H. Res.
450) [10JN]
Bulgaria: most-favored-nation status (H.R. 1643), consideration of
motion to dispose of Senate amendment (see H. Res. 334) [4JA]
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202), consideration (see H. Res. 384)
[14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
Legislative branch of the Government: making appropriations (H.R.
3754), consideration (see H. Res. 473) [9JY]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Petroleum: gasoline tax (H.R. 3415), consideration (see H. Res.
436) [16MY]
Taxation: exclude long-term capital gains from gross income (see
H.R. 2861) [5JA]
Reports filed
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002: Committee on Rules
(House) (H. Res. 450) (H. Rept. 104-615) [10JN]
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of H.J. Res. 175, Continuing Appropriations:
Committee on Rules (House) (H. Res. 411) (H. Rept. 104-534)
[23AP]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Consideration of H.R. 3019, Continuing Appropriations: Committee
on Rules (House) (H. Res. 372) (H. Rept. 104-474) [6MR]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Consideration of H.R. 3754, Legislative Branch of the Government
Appropriations: Committee on Rules (House) (H. Res. 473) (H.
Rept. 104-663) [9JY]
Consideration of Motion To Dispose of Senate Amendment to H.R.
1643, Most-Favored-Nation Status for
[[Page 3014]]
Bulgaria: Committee on Rules (House) (H. Res. 334) (H. Rept.
104-447) [4JA]
Disposition of Senate Amendment to H.R. 1358, National Marine
Fisheries Service Laboratory Conveyance to Massachusetts:
Committee on Rules (House) (H. Res. 338) (H. Rept. 104-449)
[5JA]
DRONENBERG, ERNEST
Appointments
National Commission on Restructuring the IRS [22MY]
DRUG ABUSE PREVENTION AND TREATMENT ADMINISTRATION
Bills and resolutions
Establish (see H.R. 3847) [18JY]
DRUG ENFORCEMENT ADMINISTRATION
related term(s) Department of Justice
Bills and resolutions
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------prevent manufacturing and use of methamphetamine (see H.R.
3852, 3908) [18JY] [26JY]
DRUGS
related term(s) Crime; Pharmaceuticals
Appointments
Conferees: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
Courts: payment of the costs of court-appointed attorneys in
certain criminal cases (see H.R. 3027) [6MR]
------sentencing of persons convicted of lesser drug offenses (see
H.R. 3080) [13MR]
------treatment of sentences relative to powdered cocaine (see
H.R. 3154, 3196, 4038) [22MR] [28MR] [9SE]
Crime: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------death penalty sentencing for certain importations of
significant quantities of controlled substances (see H.R.
4170) [25SE]
------mandatory life imprisonment for second conviction of
individuals for certain felonies (see H.R. 3223) [29MR]
------national policy to control crime and reform court procedures
(see H.R. 2992) [29FE]
------penalties relative to distribution of controlled substances
with the intent to facilitate a rape or sexual battery (see
H.R. 3341, 3905) [25AP] [25JY]
------penalties relative to drug-facilitated crimes involving
violence or sexual assault (see H.R. 4137) [24SE]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565, 3698) [4JN] [20JN]
Dept. of Defense: assist the procurement of law enforcement
equipment for counterdrug activities by State and local
governments (see H.R. 2931) [1FE]
Dept. of HHS: prepare and publish a consumer guide to prescription
drug prices (see H.R. 3059) [8MR]
Dept. of HUD: withhold public housing assistance to State agencies
that impede eviction of a tenant (see H.R. 3865) [22JY]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Drug Abuse Prevention and Treatment Administration: establish (see
H.R. 3847) [18JY]
Employment: safety-sensitive functions relative to individuals
that abuse controlled substances (see H.R. 4017) [2AU]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
------defer effective dates for approving certain drug
applications (see H.R. 4277) [28SE]
Federal Food, Drug and Cosmetic Act: certification of drugs
containing insulin and antibiotics (see H.R. 3672) [18JN]
Firearms: mandatory minimum penalties for use during commission of
a Federal crime (see H.R. 3382, 3988) [1MY] [2AU]
Foreign policy: establish additional narcotics control
certification standards and reporting requirements for certain
illicit drug producing countries and drug-transit countries
(see H.R. 3689) [20JN]
Foreign trade: imposition of trade sanctions on countries which
threaten the U.S. policy on the reduction and interdiction of
illicit drugs (see H.R. 3023) [6MR]
------require cooperation from trade partners in preventing
illegal drug traffic (see H.R. 4290) [28SE]
Harold Hughes Commission on Alcoholism: establish (see H.R. 3600)
[6JN]
Health: administration of drugs and devices to terminally ill
patients (see H.R. 3149) [21MR]
------regulation of pharmacists (see H.R. 3260) [17AP]
Health care professionals: facilitate the dissemination to
physicians of scientific information on drug therapies and
medical devices (see H.R. 2932) [1FE]
House Rules: random drug testing of officers and employees (see H.
Res. 512) [2AU]
------require drug testing of Members, officers, and staff (see H.
Res. 510, 519) [2AU] [11SE]
Housing: occupancy standards for federally assisted housing
relative to drug and alcohol abusers (see H.R. 3390) [2MY]
Insurance: treatment of prescription drugs (see H.R. 3991) [2AU]
Medicare: allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------coverage of certain antibiotics parenterally administered at
home (see H.R. 3262, 4248) [17AP] [27SE]
------eliminate time limitation on benefits for immunity
suppressing drugs (see H.R. 3138) [21MR]
------pharmaceutical care services (see H.R. 3757) [8JY]
Medicare/Medicaid: provide orientation and medical profiles for
enrollees and require health plans to assure child
immunizations (see H.R. 4160) [24SE]
Methamphetamine: prevent manufacturing and use (see H.R. 3852,
3908) [18JY] [26JY]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947; H.J. Res. 162) [1FE] [5MR]
------safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Prescription Drug Price Review Board: establish (see H.R. 3691)
[20JN]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Radioactive substances: review use of radiopharmaceuticals (see
H.R. 3065) [12MR]
San Francisco, CA: recognize the significance of the AIDS Memorial
Grove in Golden Gate Park (see H.R. 3193) [28MR]
States: provide Federal grants for drug testing projects (see H.R.
3778) [10JY]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Tariff: HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
------pharmaceutical-grade phospholipids (see H.R. 4273) [27SE]
Tobacco products: consideration of addiction to nicotine as a
disability (see H. Con. Res. 223) [26SE]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Messages
National Drug Control Strategy: President Clinton [29AP]
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Animal Drug Availability Act: Committee on Commerce (House) (H.R.
2508) (H. Rept. 104-822) [24SE]
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Reform and Oversight, National Drug Policy--Review of the Status
of the Drug War: Committee on Government Reform and Oversight
(House) (H. Rept. 104-486) [19MR]
DRUNKEN DRIVING
Bills and resolutions
Federal-State relations: add vehicle confiscation to criteria for
State eligibility for Federal drunk driving countermeasure
grants (see H.R. 4128) [20SE]
D&S INTERNATIONAL, INC.
Bills and resolutions
Relief (see H.R. 3502) [21MY]
DUNCAN, JOHN J., JR. (a Representative from Tennessee)
Appointments
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Aviation: preemployment review of prospective pilot records (see
H.R. 3536) [29MY]
------prohibit certain individuals from piloting aircraft relative
to aeronautical records, competitions, or feats (see H.R.
3267) [18AP]
Battle of Midway National Memorial: establish (see H.R. 3597)
[6JN]
Metric system: modification of highway signs (see H.R. 3617)
[12JN]
DUNN, JENNIFER (a Representative from Washington)
Bills and resolutions introduced by
Elections: campaign ethics reform and contribution limits (see
H.R. 3543) [29MY]
National parks and recreation areas: require the President to
submit an appropriation request to provide priority funding
(see H.R. 3291) [23AP]
Pang, Martin: extradition from Brazil to the U.S. (see H. Con.
Res. 132) [5JA]
Snoqualmie National Forest: expand boundaries (see H.R. 3497)
[21MY]
Taxation: treatment of tax free corporate liquidations and receipt
of debt-financed property in such a liquidation (see H.R.
4243) [27SE]
[[Page 3015]]
DURBIN, RICHARD J. (a Representative from Illinois)
Appointments
Conferee: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Dept. of HHS: prepare and publish a consumer guide to prescription
drug prices (see H.R. 3059) [8MR]
Health care facilities: waiver of prior hospitalization
requirement for coverage of skilled nursing facility services
for certain individuals (see H.R. 4244) [27SE]
House Rules: postpone final action on legislative branch
appropriations until all other appropriations bills have been
enacted (see H. Res. 358) [1FE]
Insurance: establish consumer protection standards for the
purchase of long-term care insurance (see H.R. 3381) [1MY]
Taxation: treatment of long-term health care insurance (see H.R.
3381) [1MY]
DUTCH JOHN, UT
Bills and resolutions
Local government: dispose of certain Federal properties and assist
in the interim delivery of basic services (see H.R. 3486)
[16MY]
EAGER, AZ
Bills and resolutions
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
EARTHQUAKES
related term(s) Disasters
Bills and resolutions
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
Taxation: exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
EAST HAMPTON, NY
Reports filed
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
EASTERN EUROPEAN COUNTRIES
Bills and resolutions
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
NATO: membership of Central and East European countries (see H.R.
3564, 4096) [4JN] [17SE]
Poland: anniversary of adoption of constitution (see H. Con. Res.
165) [18AP]
Yugoslavia: human and political rights of the Bosnian people of
the Sanjak region in Serbia and Montenegro (see H. Con. Res.
217) [24SE]
Messages
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
ECOLOGY AND ENVIRONMENT
related term(s) Clean Air Act; Hazardous Substances; Recycled materials;
Recycling; Water
Appointments
Conferees: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
------regulations relative to beverage alcohol compounds emitted
from aging warehouses (see H.R. 3818) [16JY]
------regulatory requirements relative to upwind nonattainment
areas (see H.R. 4339) [3OC]
Antarctic Treaty: implement Protocol on Environmental Protection
(see H.R. 3060) [12MR]
------implement Protocol on Environmental Protection (H.R. 3060),
technical corrections (see H. Con. Res. 211) [10SE]
Beaches: improve quality of coastal recreation waters (see H.R.
3789) [11JY]
Bergen County, NJ: recovery of costs associated with the cleanup
of the Stepan Property Superfund Site (see H.R. 3319) [24AP]
Big Cypress National Preserve: operation of certain tour
businesses in newly acquired areas (see H.R. 3620) [12JN]
Budget: provide off-budget treatment for the land and water
conservation fund (see H.R. 3619) [12JN]
California: enhance water quality and supply (see H.R. 4048)
[11SE]
------promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Calumet Ecological Park: feasibility study (see H.R. 3412) [8MY]
CERCLA: eligibility for Federal assistance relative to development
of brownfield sites (see H.R. 3746) [27JN]
------establish loan program for cleanup of brownfield sites (see
H.R. 3214) [29MR]
------treatment of certain parties relative to liability (see H.R.
3105) [18MR]
Chesapeake Bay: establish a program to provide environmental
assistance to non-Federal interests (see H.R. 3309) [24AP]
Clean Air Act: amend (see H.R. 3519) [23MY]
------provide regulatory relief and preserve jobs (see H.R. 3446)
[10MY]
Coastal zones: clarify Corps of Engineers responsibilities to
promote and carry out shore protection projects (see H.R.
3551) [29MY]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
Crime: increase penalties and strengthen enforcement relative to
environmental crimes (see H.R. 4218) [26SE]
Custom Service: treatment of foreign vehicles relative to U.S.
emission standards (see H.R. 3961) [2AU]
Deepwater Port Act: amend (see H.R. 2940) [1FE]
Dept. of Agriculture: extend contracts under the Conservation
Reserve Program (see H.R. 4336) [1OC]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
Diseases: establish estrogenic substance screening programs (see
H.R. 3293) [23AP]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919, 3093) [31JA] [14MR]
Electric power: establish a commission to minimize the
environmental impacts associated with electric utility
restructuring (see H.R. 3172) [27MR]
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Energy Policy and Conservation Act: extend certain programs (see
H.R. 3670, 3868) [18JN] [23JY]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
------reestablish the Office of Noise Abatement and Control (see
H.R. 4308) [28SE]
------revise water quality criteria for ammonia (see H.R. 4107)
[18SE]
FAA: regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
FERC: disapproving of rules concerning open access transmission
services of public utilities (see H.J. Res. 178) [1MY]
Foreign policy: U.S. membership in regional South Pacific
organizations (see H. Con. Res. 189) [18JN]
Foreign trade: require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
Hazardous substances: clarify listing of unique chemical
substances (see H.R. 3849) [18JY]
------exempt transportation by certain vehicles from Government
regulations (see H.R. 3153) [22MR]
------improve accountability and safety of hazardous waste
facilities (see H.R. 4009, 4272) [2AU] [27SE]
------protect residents and localities from irresponsibly sited
waste facilities (see H.R. 3780) [10JY]
House of Representatives: implementation of Office Waste Recycling
Program (see H. Res. 513) [2AU]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: designate (see H.R. 3387) [1MY]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Marine resources: authorizing National Marine Sanctuary Program
appropriations (see H.R. 3090) [14MR]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Monuments and memorials: prohibit extension or establishment of
any national monument in Idaho without public participation
and an express act of Congress [19SE]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
National Environmental Education Act: extend programs (see H.R.
3645) [13JN]
National Environmental Science and Policy Academy: feasibility
study (see H.R. 4175) [25SE]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
National Park Foundation: reform (see H.R. 3819) [16JY]
Nevada: disposal and acquisition of certain lands (see H.R. 3127)
[20MR]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4030, 4034) [5SE]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
------improve coordination of Federal oceanographic programs (see
H.R. 3537) [29MY]
Petroleum: improve prevention of, response to, and compensation to
communities affected by oil spills (see H.R. 3573) [4JN]
------regulation of above-ground storage tanks (see H.R. 3283)
[22AP]
Public lands: enhance conservation and protection of Boundary
Waters Canoe Area Wilderness and Voyageurs National Park (see
H.R. 3470) [16MY]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
[[Page 3016]]
------funding for dredged material disposal relative to wetlands
(see H.R. 3152) [22MR]
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
San Isabel National Forest, CO: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Solid waste: allow petition submittal for the prevention of
certain waste facilities construction in environmentally
disadvantaged communities (see H.R. 2845) [4JA]
------State control over disposal of solid waste imported from
other nations (see H.R. 4049) [11SE]
------State control over transportation of municipal solid waste
(S. 534), consideration (see H. Res. 349) [30JA]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Taxation: allow credit for cleanup of contaminated industrial
sites (see H.R. 2846, 4200) [4JA] [26SE]
------refundable income credit to businesses which recycle office
wastes (see H.R. 3955) [2AU]
------suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
Technology: development and use of new environmental monitoring
technology (see H.R. 3906) [25JY]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Transportation: increase use of natural gas as a fuel (see H.R.
4288) [28SE]
Treaties and agreements: negotiation of environmental, labor and
agricultural standards relative to trade agreements in Western
Hemisphere (see H.R. 4291) [28SE]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
------implementation of Great Lakes Fishery Restoration Study
Report (see H.R. 4028) [5SE]
Uranium Mill Tailings Radiation Control Act: authorizing
appropriations (see H.R. 2967) [23FE]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Water: biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
------extend date for the transfer of certain amounts to be
available for drinking water State revolving funds (see H.R.
3902) [25JY]
------public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
------sediments decontamination technology (see H.R. 3112) [19MR]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
------State waivers from secondary treatment requirements for
certain ocean discharges (see H.R. 3299) [23AP]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
------disposal of contaminated sediments (see H.R. 3170) [27MR]
Wetlands: promote restoration, conservation, and enhancement
through establishment of a mitigation banking program (see
H.R. 3692) [20JN]
Women: effect of environment on health (see H.R. 3509) [22MY]
Conference reports
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Messages
NOAA Office of Ocean and Coastal Resource Management: President
Clinton [9JY]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Coastal Zone Management Act Reauthorization: Committee on
Resources (House) (H.R. 1965) (H. Rept. 104-521) [16AP]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
Deepwater Port Act Amendments: Committee on Transporation and
Infrastructure (House) (H.R. 2940) (H. Rept. 104-692) [18JY]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
Energy Policy and Conservation Act Programs Extension: Committee
on Commerce (House) (H.R. 3868) (H. Rept. 104-712) [26JY]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
Protocol on Environmental Protection to the Antarctic Treaty
Implementation: Committee on Science (House) (H.R. 3060) (H.
Rept. 104-593) [23MY]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
Uranium Mill Tailings Radiation Control Act Appropriations:
Committee on Commerce (House) (H.R. 2967) (H. Rept. 104-536)
[24AP]
Water Resources Development Act: Committee on Transportation and
Infrastructure (House) (H.R. 3592) (H. Rept. 104-695) [22JY]
ECONOMY
Bills and resolutions
Business and industry: authorize judicial review of agency
certifications of the economic impact of regulations on small
entities (see H.R. 3048) [7MR]
------discourage relocation to foreign countries and encourage
creation of new jobs (see H.R. 3252) [16AP]
------ensure congressional approval of compliance costs relative
to Government regulations (see H.R. 3277) [18AP]
------establish a commission to study employment and economic
insecurity (see H.R. 3353) [30AP]
------require employers to notify workers of reductions in
business operations (see H.R. 3369) [30AP]
California: promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Contracts: require wages paid under a Federal contract be above
local poverty line (see H.R. 3229, 3463) [29MR] [15MY]
Crime: protect proprietary economic information (see H.R. 3723)
[26JN]
Dept. of HHS: prepare and publish a consumer guide to prescription
drug prices (see H.R. 3059) [8MR]
Emergency Commission To End the Trade Deficit: establish (see H.R.
3987) [2AU]
Employment: ensure economic self-sufficiency for participants in
adult training programs (see H.R. 3616) [11JN]
------extend time period for filing of trade adjustment assistance
petitions (see H.R. 3271) [18AP]
Federal aid programs: promote revitalization through Federal
assistance for cleanup of abandoned or contaminated properties
(see H.R. 2919, 3093) [31JA] [14MR]
Foreign trade: most-favored-nation status for certain nonmarket
economy countries (see H.R. 2926) [1FE]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
------technical corrections in legislation (see H.R. 3815) [16JY]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
Immigration: establish visa waiver pilot program for Korean
nationals traveling in tour groups (see H.R. 3962) [2AU]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947) [1FE]
Minimum wage: level (see H.R. 3265, 3383, 3481) [17AP] [1MY]
[16MY]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
Petroleum: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
------transfer gasoline tax revenues to transportation trust funds
(see H.R. 3372, 3384) [1MY]
Public works: national program to create jobs and restore
infrastructure (see H.R. 3469) [16MY]
Taxation: credit for business investments in economically
distressed areas (see H.R. 2847) [4JA]
------replace individual and corporate income taxes, Social
Security, and Medicare taxes with a value-added tax (see H.R.
4050) [11SE]
------require use of dynamic economic modeling in the preparation
of estimates of proposed changes in Federal revenue law (see
H. Con. Res. 170) [2MY]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
[[Page 3017]]
------treatment of worker retraining expenditures (see H.R. 2998)
[29FE]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
Treaties and agreements: negotiation of environmental, labor and
agricultural standards relative to trade agreements in Western
Hemisphere (see H.R. 4291) [28SE]
Unemployment: emergency compensation (see H.R. 4263) [27SE]
Messages
Caribbean Basin Economic Recovery Act: President Clinton [2OC]
Economic Report: President Clinton [16FE]
National Emergency Relative to Lapse of the Export Administration
Act: President Clinton [4JN]
Small Business and Competition: President Clinton [5JN]
Veto of H.R. 743, Teamwork for Employees and Managers Act:
President Clinton [30JY]
Motions
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Petroleum: gasoline tax (H.R. 3415) [21MY]
Reports filed
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance: Committee on Commerce (House) (H.R. 447) (H. Rept.
104-753) [2AU]
Foreign Trade Legislation Technical Corrections: Committee on Ways
and Means (House) (H.R. 3815) (H. Rept. 104-718) [29JY]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
Protect Proprietary Economic Information: Committee on the
Judiciary (House) (H.R. 3723) (H. Rept. 104-788) [16SE]
EDUCATION
related term(s) Colleges and Universities; Schools
Appointments
Advisory Committee on Student Financial Assistance [18JY]
Bills and resolutions
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
Appropriations: funding levels for federally assisted education
programs (see H. Con. Res. 144) [1FE]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Business and industry: recognize businesses that participate with
schools to enhance the teaching and use of technology (see
H.R. 3921) [30JY]
Children and youth: develop elementary and secondary school
curriculum standards (see H.R. 3257) [16AP]
------establish Role Models Academy for at-risk youths (see H.R.
4161) [24SE]
Colleges and universities: participation by historically black
graduate professional schools in certain education grant
programs (see H.R. 3055) [7MR]
------protect speech and association rights of students (see H.R.
4207) [26SE]
------provide incentives to develop alcohol abuse prevention
programs (see H.R. 3476) [16MY]
Collegs and universities: tuition prepayment plans that guarantee
a college education at a fixed price (see H. Res. 506) [1AU]
Commission on the Advancement of Women in the Science and
Engineering Work Forces: establish (see H.R. 3726) [26JN]
Congressional Office of Compliance: provide educational assistance
to employing offices of the House of Representatives (see H.
Res. 401) [15AP]
Crime: reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
------use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Dept. of Defense: technical corrections relative to certain
educational assistance authority (see H.R. 4282) [28SE]
Dept. of Education: eligibility standards for short term
educational programs (see H.R. 2914) [31JA]
Dept. of Veterans Affairs: require that educational assistance
programs offices be located within the District of Columbia
(see H.R. 3036) [6MR]
Developmental Disabilities Assistance and Bill of Rights Act:
reauthorize (see H.R. 3867) [23JY]
District of Columbia: treatment of pension funds relative to
certain public employees (see H.R. 3389) [2MY]
Dos Palos, CA: conveyance of certain lands to the Dos Palos Ag
Boosters (see H.R. 4041) [10SE]
Employment: ensure economic self-sufficiency for participants in
adult training programs (see H.R. 3616) [11JN]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
English language: declare as official language of U.S. (see H.R.
3850, 3898) [18JY] [25JY]
------declare as official language of U.S. (H.R. 123),
consideration (see H. Res. 499) [31JY]
Family and Medical Leave Act: expand coverage and allow leave for
parental involvement in educational and extracurricular
activities (see H.R. 3704) [24JN]
Federal aid programs: participation of local agencies in certain
programs independent of State involvement (see H.R. 3313)
[24AP]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
Federal Family Education Loan Program: permit financial
institutions to pay origination fees of borrowers (see H.R.
3863) [22JY]
Financial aid grants: provide for certain colleges and technical
schools (see H.R. 3919) [30JY]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 184) [16JY]
George Bush School of Government and Public Service: funding (see
H.R. 3803) [12JY]
George Washington University: anniversary (see H. Con. Res. 139)
[31JA]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Haskell Indian Nations University: enhance administrative
authority of president (see H.R. 4098) [17SE]
Health: establish a program for training in lifesaving first aid
for individuals experiencing cardiac arrest (see H.R. 3022)
[6MR]
------establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
History: development of curriculum designed to educate students
about the Irish famine (see H. Con. Res. 226) [27SE]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
Impact Aid Program: reform (see H.R. 2886) [25JA]
Individuals With Disabilities Education Act: reauthorization (see
H.R. 3268) [18AP]
Institute of American Indian and Alaska Native Culture and Arts
Development: reform board appointment process (see H.R. 3049)
[7MR]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
Local government: allow jurisdictions flexibility in use of
certain funds (see H.R. 3135) [21MR]
Medicare: reimbursement of education costs for residents enrolled
in certain primary care training programs (see H.R. 4271)
[27SE]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
National Center for History in the Schools: express disapproval of
standards for teaching U.S. and world history (see H. Res.
348) [25JA]
National Environmental Education Act: extend programs (see H.R.
3645) [13JN]
National Environmental Science and Policy Academy: feasibility
study (see H.R. 4175) [25SE]
National objectives: promote science and technology (see H.R.
3709) [25JN]
------restore equal educational opportunity (see H.R. 4304) [28SE]
National Science Scholars Program: reestablish (see H.R. 3648)
[13JN]
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
NetDay96: tribute (see H. Res. 521) [12SE]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
------improve coordination of Federal oceanographic programs (see
H.R. 3537) [29MY]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
Presidential Honors Scholarships: authorize awarding to certain
graduating secondary school students (see H.R. 4259) [27SE]
Programs: deny funds to programs that allow corporal punishment
(see H.R. 2918) [31JA]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Real estate: provide hold-harmless payment amounts for impact-aid
payments relative to Federal acquisition of real property (see
H.R. 3269) [18AP]
Schools: maximize use of available technology (see H.R. 4180)
[25SE]
------parental access to children's curriculum and records (see
H.R. 3324, 3947) [25AP] [1AU]
States: drug and violence prevention programs funding (see H.R.
4016) [2AU]
------reimburse for costs of educating certain illegal alien
students (see H.R. 4062, 4303) [12SE] [28SE]
Student loans: exempt certain lenders from audit requirements (see
H.R. 3002) [4MR]
Taxation: allow companies to donate scientific equipment to
schools (see H.R. 3498) [21MY]
------refundable credit for the contribution of books to libraries
(see H.R. 3979) [2AU]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of educational grants by private foundations (see
H.R. 3737) [27JN]
------treatment of higher education expenses (see H.R. 3245, 4323)
[15AP] [28SE]
------treatment of individual training accounts (see H.R. 3157)
[22MR]
------treatment of State tuition programs (see H.R. 3842) [17JY]
------treatment of tuition and related expenses relative to
nonpublic elementary and secondary education (see H.R. 4222)
[26SE]
------use of individual retirement accounts for post-secondary
education or job retraining expenses (see H.R. 4334) [30SE]
Technology: improve quality of technical education in
manufacturing and vocational technologies (see H.R. 3191)
[28MR]
Veterans: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
------eligibility for training and rehabilitation assistance and
transfer of certain educational assistance authority (see H.R.
3674) [19JN]
------make permanent alternative teacher certification programs
(see H.R. 2868) [23JA]
Conference reports
Workforce and Career Development Act (H.R. 1617) [25JY]
[[Page 3018]]
Messages
Corp. for Public Broadcasting: President Clinton [9JY]
Economic Report: President Clinton [16FE]
Motions
English language: declare as official language of U.S. (H.R. 123)
[1AU]
Reports filed
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
California Land Conveyance to the Del Norte County Unified School
District: Committee on Resources (House) (H.R. 2709) (H. Rept.
104-763) [4SE]
Consideration of H.R. 123, English Language Empowerment Act:
Committee on Rules (House) (H. Res. 499) (H. Rept. 104-734)
[31JY]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Developmental Disabilities Assistance and Bill of Rights Act
Reauthorization: Committee on Commerce (House) (H.R. 3867) (H.
Rept. 104-719) [30JY]
English Language Empowerment Act: Committee on Economic and
Educational Opportunities (House) (H.R. 123) (H. Rept. 104-
723) [30JY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Individuals With Disabilities Education Act Reauthorization:
Committee on Economic and Educational Opportunities (House)
(H.R. 3268) (H. Rept. 104-614) [10JN]
Institute of American Indian and Alaska Native Culture and Arts
Development Board of Trustees Appointment Process: Committee
on Economic and Educational Opportunities (House) (H.R. 3049)
(H. Rept. 104-505) [28MR]
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Participation by Historically Black Graduate Professional Schools
in Certain Education Grant Programs: Committee on Economic and
Educational Opportunities (House) (H.R. 3055) (H. Rept. 104-
504) [28MR]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
Workforce and Career Development Act: Committee of Conference
(H.R. 1617) (H. Rept. 104-707) [25JY]
EFFECTIVE DEATH PENALTY AND PUBLIC SAFETY ACT
Motions
Enact (H.R. 2703) [13MR] [14MR]
EHRLICH, ROBERT L., JR. (a Representative from Maryland)
Bills and resolutions introduced by
Health: denial of nurse aide training programs relative to quality
or operation (see H.R. 3233) [15AP]
Medicaid: preadmission screening and resident review requirements
for certain nursing facilities (see H.R. 3232, 3632) [15AP]
[12JN]
Nursing homes: nurses aide training and competency evaluation
programs (see H.R. 3633) [12JN]
EL DORADO COUNTY, CA
Bills and resolutions
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
Reports filed
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
ELDERLY
see Senior Citizens
ELECTIONS
Bills and resolutions
Absentee ballots: extend the period for receipt (see H.R. 3058)
[8MR]
Bass, Representative: dismissal of election contest (see H. Res.
539) [26SE]
China, Republic of: tribute on the occasion of first Presidential
election (see H. Con. Res. 154) [26MR]
Computers: provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
Congress: set date for convening of 105th Congress and the date
for the counting of electoral votes for President and Vice
President (see H.J. Res. 198) [28SE]
Constitutional amendments: expenditure of money to elect public
officials (see H.J. Res. 171, 187) [29MR] [25JY]
------regulate campaign expenditures and contribution limits (see
H.J. Res. 172) [18AP]
District of Columbia: treatment of employees relative to
participation in political campaigns (see H.R. 3918) [30JY]
Electoral College: constitutional amendment to abolish (see H.J.
Res. 180) [12JN]
FEC: authorizing appropriations (see H.R. 3461) [15MY]
------require quarterly candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
House of Representatives: establish a commission on size of
membership and election process (see H.R. 4076) [12SE]
------limit election expenditures for candidates (see H.R. 3651)
[13JN]
------limitations on campaign contributions to qualifying and
nonqualifying candidates (see H.R. 3122) [20MR]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
House Rules: require Members to establish office policies relative
to the use of computer software, programs, and data bases (see
H. Res. 533) [24SE]
Perot, H. Ross: inclusion in Presidential debates (see H. Res.
555) [30SE]
Political campaigns: comply with campaign spending limits and
enhance importance of individual and intradistrict
contributions (see H.R. 3912) [26JY]
------disclosure of identity of persons paying for telephone poll
expenses (see H.R. 4183) [25SE]
------establish a temporary commission to recommend reforms for
Federal office (see H.R. 4327) [28SE]
------ethics reform and contribution limits (see H.R. 2944, 3053,
3274, 3505, 3543, 3588, 3760, 3800, 3820) [1FE] [7MR] [18AP]
[22MY] [29MY] [5JN] [9JY] [12JY] [16JY]
------ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------prohibit use of labor organization dues and fees for
political activities (see H.R. 3683) [19JN]
------require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
------spending limits on Federal campaigns (see H.R. 3658) [13JN]
President and Vice President: constitutional amendment on direct
popular election (see H.J. Res. 180) [12JN]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Rose, Representative: dismissal of election contest (see H. Res.
538) [26SE]
Sierra Leone: elections (see H. Con. Res. 160) [15AP]
States: clarify procedure for determining population for purposes
of congressional apportionment (see H.R. 3589) [5JN]
Taxation: eliminate State requirement to pay unemployment
compensation on election worker services (see H.R. 3430) [9MY]
------treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
Voting: reform voter registration procedures (see H.R. 4209)
[26SE]
------secure rights of former felons who have been released from
incarceration (see H.R. 3028) [6MR]
Motions
Political campaigns: ethics reform and contribution limits (H.R.
3820) [25JY]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
Dismissal of Election Contest Against Representative Bass:
Committee on House Oversight (House) (H. Res. 539) (H. Rept.
104-853) [26SE]
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
Eliminate Bilingual Voting Requirements: Committee on the
Judiciary (House) (H.R. 351) (H. Rept. 104-728) [31JY]
ELECTRIC POWER
related term(s) Power Resources
Bills and resolutions
Dept. of Energy: extension of Electric and Magnetic Fields
Research and Public Information Dissemination Program (see
H.R. 4013) [2AU]
FERC: extension of deadline for construction of hydroelectric
project in Kentucky (see H.R. 2869) [23JA]
------extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Free enterprise: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
------provide moratorium on retail wheeling of electric energy
relative to transboundary pollution (see H.R. 4316) [28SE]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
Public utilities: establish a commission to minimize the
environmental impacts associated with electric utility
restructuring (see H.R. 3172) [27MR]
------provide for competition in electric power industry (see H.R.
2929, 3782, 3790) [1FE] [11JY]
------revision of the regulatory policies governing public utility
holding companies (see H.R. 3601) [6JN]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
Reports filed
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky: Committee on Commerce (House) (H.R. 2501)
(H. Rept. 104-507) [28MR]
------Committee on Commerce (House) (H.R. 2869) (H. Rept. 104-512)
[28MR]
[[Page 3019]]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina: Committee on Commerce (House) (H.R.
2773) (H. Rept. 104-510) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio: Committee on Commerce (House) (H.R. 2816) (H.
Rept. 104-511) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania: Committee on Commerce (House) (H.R.
2695) (H. Rept. 104-509) [28MR]
ELECTRONIC FUND TRANSFER ACT
Bills and resolutions
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
ELECTRONICS
Bills and resolutions
Computers: use, sale, and export of encryption products for
privacy and security (see H.R. 3011) [5MR]
Crime: prohibit certain uses of computers in the furtherance of
crimes (see H.R. 4095) [17SE]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Schools: maximize use of available technology (see H.R. 4180)
[25SE]
Social Security: exempt States from certain regulatory
requirements relative to electronic distribution of benefits
(see H.R. 4089) [17SE]
Taxation: treatment of computer software (see H.R. 4169) [25SE]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
EMERGENCY COMMISSION TO END THE TRADE DEFICIT
Bills and resolutions
Establish (see H.R. 3987) [2AU]
EMERGENCY FOOD ASSISTANCE ACT
Bills and resolutions
Commodities: purchase of commodities using State funds (see H.R.
3978) [2AU]
EMERSON, BILL (a Representative from Missouri)
Appointments
British-U.S. Interparliamentary Group [29MR]
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
EMERSON, BILL (a former Representative from Missouri)
Appointments
Attendees of Funeral [26JN]
EMIGRATION
Bills and resolutions
Foreign policy: provide remedy for inadequate trade benefits to
the U.S. and restrictions on free emigration from other
countries (see H.R. 4289) [28SE]
Messages
Mongolian Emigration Laws and Policies: President Clinton [5SE]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
EMPLOYEE COMMUTING FLEXIBILITY ACT
Appointments
Conferees: H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions
Enact (H.R. 1227): consideration (see H. Res. 440) [21MY]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
Conference reports
Small Business Job Protection Act (H.R. 3448) [1AU]
Motions
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
Reports filed
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of H.R. 1227, Provisions: Committee on Rules (House)
(H. Res. 440) (H. Rept. 104-590) [21MY]
Provisions: Committee on Economic and Educational Opportunities
(House) (H.R. 1227) (H. Rept. 104-585) [20MY]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
EMPLOYEE RETIREMENT INCOME SECURITY ACT
Bills and resolutions
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
Employment: provide for retirement savings and security (see H.R.
3520, 3708) [23MY] [25JN]
Pensions: amend rules governing litigation relative to retiree
health benefits (see H.R. 4237) [27SE]
------promote availability of private pensions (see H.R. 4005)
[2AU]
Retiree benefits: extend continuation of coverage of certain
health benefits (see H.R. 4162) [24SE]
Taxation: modify the application of pension nondiscrimination
rules to governmental plans (see H.R. 4099) [17SE]
Reports filed
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Economic and Educational
Opportunities (House) (H.R. 995) (H. Rept. 104-498) [25MR]
EMPLOYMENT
related term(s) Unemployment
Appointments
Conferees: H.R. 2202, Immigration in the National Interest Act
[11SE]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
AID: provide voluntary separation incentives to reduce employment
levels (see H.R. 3870) [23JY]
Airlines and airports: provide protection for airline employees
who provide certain air safety information (see H.R. 3187)
[28MR]
Airport security personnel: standards (see H.R. 4205) [26SE]
Aviation: preemployment review of prospective pilot records (see
H.R. 3536) [29MY]
Business and industry: discourage relocation to foreign countries
and encourage creation of new jobs (see H.R. 3252) [16AP]
------ensure economic equity for women (see H.R. 3857) [18JY]
------establish a commission to study employment and economic
insecurity (see H.R. 3353) [30AP]
------pay equity and labor protection for contingent workers (see
H.R. 3657) [13JN]
------prohibit employment discrimination relative to participation
in labor organization activities (see H.R. 3763) [9JY]
------provide leave for employees relative to adopted or foster
children (see H.R. 3681) [19JN]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
------require employers to notify workers of reductions in
business operations (see H.R. 3369) [30AP]
------treatment of temporary and part-time workers (see H.R. 3682)
[19JN]
California: promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Children and youth: consolidate and expand Federal child care
programs (see H.R. 3860) [18JY]
------deny foreign aid to countries refusing to enforce labor laws
(see H.R. 3294) [23AP]
------establish child retirement accounts (see H.R. 4253) [27SE]
Civil liberties: religious accommodations in the workplace (see
H.R. 4117) [19SE]
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Clean Air Act: provide regulatory relief and preserve jobs (see
H.R. 3446) [10MY]
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Collective bargaining: permit additional remedies in certain
unfair labor practice cases (see H.R. 3764) [9JY]
Commission on the Advancement of Women in the Science and
Engineering Work Forces: establish (see H.R. 3726) [26JN]
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Congressional Office of Compliance: approval of final regulations
relative to employing offices and employees of the House of
Representatives (see H. Res. 504; H. Con. Res. 207) [1AU]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Contracts: prohibit discrimination in awarding Federal contracts
on the basis of labor policies (see H.R. 3095) [14MR]
------require wages paid under a Federal contract be above local
poverty line (see H.R. 3229, 3463) [29MR] [15MY]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
------use of Federal prison labor by nonprofit entities (see H.R.
3776) [10JY]
Crime: penalties for fraud and related activity involving work
authorization documents relative to Social Security cards (see
H.R. 3724) [26JN]
Dept. of Defense: prohibit sale in commissary or exchange stores
of imported items not produced under minimum labor standards
(see H.R. 3843) [17JY]
------provide compensation to certain Vietnamese who were employed
during the Vietnamese Conflict (see H.R. 3668) [18JN]
------technical corrections relative to certain educational
assistance authority (see H.R. 4282) [28SE]
Dept. of HHS: employment opportunities for women scientists (see
H.R. 3791) [11JY]
Dept. of Labor: protect employer rights (see H.R. 3211) [29MR]
Dept. of Veterans Affairs: compliance with veterans' preference
requirements (see H.R. 3594) [6JN]
Disabled: safety-sensitive functions relative to individuals that
abuse controlled substances (see H.R. 4017) [2AU]
District of Columbia: treatment of employees relative to
participation in political campaigns (see H.R. 3918) [30JY]
------treatment of pension funds relative to certain public
employees (see H.R. 3389) [2MY]
------waive reduction for early retirement to assist in workforce
downsizing efforts (see H.R. 3336) [25AP]
Education: improve quality of technical education in manufacturing
and vocational technologies (see H.R. 3191) [28MR]
EEOC: provide funding and remedies for certain instances of sexual
harassment (see H.R. 3646) [13JN]
ERISA: amend rules governing litigation relative to retiree health
benefits (see H.R. 4237) [27SE]
------extend continuation of coverage of certain retiree health
benefits (see H.R. 4162) [24SE]
FAA: compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
[[Page 3020]]
Fair Labor Standards Act: disregard additional payments for
calculation of overtime compensation (see H.R. 3087) [14MR]
------provide an exemption of overtime compensation for employees
of contractors of the Federal Government (see H.R. 3094)
[14MR]
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
Family and Medical Leave Act: employer requirements (see H.R.
3296) [23AP]
------expand coverage and allow leave for parental involvement in
educational and extracurricular activities (see H.R. 3704)
[24JN]
Federal aid programs: ensure economic self-sufficiency for
participants in adult training programs (see H.R. 3616) [11JN]
------provide adjustment assistance to workers displaced because
of any Federal program, project, or activity (see H.R. 4292)
[28SE]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
Federal contracts: require employers to provide health and pension
plans (see H.R. 3528) [23MY]
Federal employees: amend civil service laws (see H.R. 3841) [17JY]
------appeals process relative to workers' compensation claims
(see H.R. 3205) [29MR]
------establish demonstration project to assess feasibility of
temporary placement of displaced workers in other Federal or
private employment (see H.R. 3649) [13JN]
------pension eligibility of former spouses who remarry (see H.R.
3574) [4JN]
------provide voluntary separation incentives to reduce employment
levels (see H.R. 3532) [23MY]
------reduce administrative costs and improve services relative to
relocation allowances (see H.R. 3637) [13JN]
------relief of certain former spouses (see H.R. 3428) [9MY]
------selection of certain physicians to provide medical opinions
relative to workers' compensation claims (see H.R. 3204)
[29MR]
------treatment of medical opinions relative to workers'
compensation claims (see H.R. 3203) [29MR]
------treatment of survivor annuities for children relative to
marriage (see H.R. 2858) [5JA]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Foreign trade: impose certain sanctions on countries that use
child labor (see H.R. 3812, 4037) [12JY] [5SE]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
Health: assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
------national policy to provide health care and reform insurance
procedures (see H.R. 3185) [28MR]
------prohibit certain clauses and programs in health care
insurance and employment contracts (see H.R. 3222) [29MR]
------prohibit certain clauses in health plans that indemnify the
insurer against liability (see H.R. 3695) [20JN]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101, 3226, 3425, 3436) [14MR] [29MR] [9MY] [10MY]
Health care professionals: provide limited overtime exemption for
emergency medical services personnel (see H.R. 3212) [29MR]
Homeless: reintegration assistance for veterans (see H.R. 3611)
[11JN]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202), consideration (see H. Res. 384)
[14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
Income: determination of tip credits relative to State and local
government laws (see H.R. 4031) [5SE]
------enhance and protect retirement savings (see H.R. 4321)
[28SE]
------payment of wages to individuals who use employer-owned
vehicles (H.R. 1227), consideration (see H. Res. 440) [21MY]
------provide compensatory time for all employees (H.R. 2391),
consideration (see H. Res. 488) [24JY]
------provide for retirement savings and security (see H.R. 3520,
3708) [23MY] [25JN]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
Insurance: establish a minimum amount that may be applied as an
aggregate lifetime limit relative to coverage under certain
health benefit plans (see H.R. 3030) [6MR]
Job Corps: ensure a drug-free, safe, and cost effective program
(see H.R. 3169) [27MR]
Labor unions: ensure that employees paying mandatory dues may
object to the use of their dues for noncollective-bargaining
activities (see H.R. 3580) [5JN]
Law enforcement: overtime requirements of certain employees
working at police training facilities (see H.R. 4172) [25SE]
Law enforcement officers: establish a national clearinghouse to
assist in background checks of law enforcement applicants (see
H.R. 3263) [17AP]
------funding for the hiring of personnel who perform
nonadministrative services (see H.R. 2922) [31JA]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
Medicare/Medicaid: use of bankruptcy courts by suppliers and
providers to discharge claims and by professionals excluded
from health care programs seeking automatic stays from
exclusion (see H.R. 4219) [26SE]
Minimum wage: level (see H.R. 3265, 3383, 3481) [17AP] [1MY]
[16MY]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
NLRB: allow individuals against whom injunctive relief is sought
an opportunity to review and respond to legal memoranda and
documents (see H.R. 3091) [14MR]
------resolution of unfair labor practice complaints in a timely
manner (see H.R. 4247) [27SE]
Occupational Safety and Health Act: amend (see H.R. 3234) [15AP]
------establish peer review of standards (see H.R. 4178) [25SE]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Pensions: prohibit certain transaction rules relative to 401(k)
pension plans (see H.R. 3688) [20JN]
------promote availability of private pensions (see H.R. 4005)
[2AU]
Political campaigns: prohibit use of labor organization dues and
fees for political activities (see H.R. 3683) [19JN]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
------ensure States have sufficient funds to assure effectiveness
of work requirements of certain programs (see H.R. 3999) [2AU]
------reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA]
[22MY] [11JN] [27JN] [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
------reform (H.R. 3734), consideration (see H. Res. 482) [17JY]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 492, 495) [30JY] [31JY]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
------reform unemployment benefit system (see H.R. 3738) [27JN]
Public works: national program to create jobs and restore
infrastructure (see H.R. 3469) [16MY]
Railroads: hours of service of employees (see H.R. 3413) [8MY]
Retraining: extend time period for filing of trade adjustment
assistance petitions (see H.R. 3271) [18AP]
SBA: reauthorize women's business training program (see H.R. 3990)
[2AU]
Small business: establish labor and tax provisions (see H.R. 4252)
[27SE]
------provide development assistance to economically disadvantaged
individuals (see H.R. 3994) [2AU]
Social Security: allow diversion of percentage of payroll tax
payments into personal investment plans (see H.R. 2953) [1FE]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
States: enforcement of veterans' reemployment rights (see H.R.
3538) [29MY]
Taxation: allow small businesses credit for family and medical
leave and for wages of employees who work at home to reduce
child care needs (see H.R. 3836) [17JY]
------apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
------contribution limits for certain pension plans (see H.R.
3209) [29MR]
------credits for employers for costs incurred to combat violence
against women (see H.R. 3584) [5JN]
------credits for health insurance premiums of employees without
employer-provided health coverage (see H.R. 4176) [25SE]
------dependent care tax credit (see H.R. 4154) [24SE]
------eliminate State requirement to pay unemployment compensation
on election worker services (see H.R. 3430) [9MY]
------employer credits for expenses of providing dependent care
services to employees (see H.R. 2985) [28FE]
------increase contributions for defined pension plans (see H.R.
3965) [2AU]
------modify the application of pension nondiscrimination rules to
governmental plans (see H.R. 4099) [17SE]
[[Page 3021]]
------provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
------reduce certain benefits allowable to profitable, large
corporations that make workforce reductions (see H.R. 3333)
[25AP]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------repeal the withholding of income taxes and require
individuals to pay estimated taxes on a monthly basis (see
H.R. 3343) [25AP]
------require income tax instructions provide explanation of laws
relative to a balanced budget (see H.R. 2884) [25JA]
------State establishment of health insurance systems for
temporarily unemployed individuals (see H.R. 3092) [14MR]
------treatment of certain capital gains deposited in individual
retirement accounts (see H.R. 3550) [29MY]
------treatment of elected tax collectors (see H.R. 4301) [28SE]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
------treatment of health coverage for certain workers who leave
employment (see H.R. 3342) [25AP]
------treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
------treatment of individual training accounts (see H.R. 3157)
[22MR]
------treatment of legal expenses relative to sexual harassment
suits (see H.R. 3530) [23MY]
------treatment of severance payments (see H.R. 2999) [29FE]
------treatment of unemployment tax relative to entertainment
industry (see H.R. 3677) [19JN]
------treatment of veterans' reemployment rights (see H.R. 3104)
[18MR]
------treatment of worker retraining expenditures (see H.R. 2998)
[29FE]
------use of individual retirement accounts for post-secondary
education or job retraining expenses (see H.R. 4334) [30SE]
Treaties and agreements: negotiation of environmental, labor and
agricultural standards relative to trade agreements in Western
Hemisphere (see H.R. 4291) [28SE]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
Unemployment: emergency compensation (see H.R. 4263) [27SE]
Veterans: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
------eligibility for training and rehabilitation assistance and
transfer of certain educational assistance authority (see H.R.
3674) [19JN]
------make permanent alternative teacher certification programs
(see H.R. 2868) [23JA]
------strengthen veterans' preference and increase employment
opportunities (see H.R. 3586, 3938) [5JN] [1AU]
Volunteer workers: allow State and local government workers to
perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
Water: adjust the maximum hour exemption for water delivery
company employees (see H.R. 3326) [25AP]
White House Travel Office: relief of individuals terminated from
employment (see H.R. 2894, 2937) [25JA] [1FE]
Women: comprehensive pension protection (see H.R. 4204) [26SE]
------treatment of pensions relative to spouses and former spouses
(see H.R. 3510, 3511) [22MY]
Conference reports
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Small Business Job Protection Act (H.R. 3448) [1AU]
Workforce and Career Development Act (H.R. 1617) [25JY]
Messages
Family Friendly Workplace Act: President Clinton [27SE]
Federal Labor Relations Authority Report: President Clinton [27SE]
Retirement Savings and Security Act: President Clinton [23MY]
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Veto of H.R. 743, Teamwork for Employees and Managers Act:
President Clinton [30JY]
Motions
Government: allow members of employee associations to represent
their views before the Government (H.R. 782) [1AU]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Public welfare programs: reform (H.R. 3734) [18JY] [24JY]
Reports filed
Airline Pilot Hiring and Safety Act: Committee on Transportation
(House) (H.R. 3536) (H. Rept. 104-684) [17JY]
Civil Service Law Amendments: Committee on Government Reform and
Oversight (House) (H.R. 3841) (H. Rept. 104-831) [24SE]
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements: Committee on Economic and Educational
Opportunities (House) (H.R. 2531) (H. Rept. 104-592) [23MY]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY], (H.
Res. 495) (H. Rept. 104-729) [31JY]
Consideration of H.R. 1227, Employee Commuting Flexibility Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 2391, Working Families Flexibility Act:
Committee on Rules (House) (H. Res. 488) (H. Rept. 104-704)
[24JY]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Employee Commuting Flexibility Act: Committee on Economic and
Educational Opportunities (House) (H.R. 1227) (H. Rept. 104-
585) [20MY]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Economic and Educational
Opportunities (House) (H.R. 995) (H. Rept. 104-498) [25MR]
Provide Compensatory Time for All Employees: Committee on Economic
and Educational Opportunities (House) (H.R. 2391) (H. Rept.
104-670) [11JY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Railroad Unemployment Insurance Act Amendments: Committee on
Transportation and Infrastructure (House) (H.R. 2594) (H.
Rept. 104-525) [18AP]
Relief of Individuals Terminated From White House Travel Office:
Committee on the Judiciary (House) (H.R. 2937) (H. Rept. 104-
484) [18MR]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Strengthen Veterans' Preference and Increase Employment
Opportunities: Committee on Government Reform and Oversight
(House) (H.R. 3586) (H. Rept. 104-675) [12JY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
Workforce and Career Development Act: Committee of Conference
(H.R. 1617) (H. Rept. 104-707) [25JY]
ENDANGERED SPECIES
Bills and resolutions
Atlantic Striped Bass Conservation Act: reauthorize (see H.R.
4139) [24SE]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Private property: protect rights relative to economic losses from
critical habitat designations (see H.R. 3862) [22JY]
Taxation: incentives for endangered species conservation (see H.R.
3811) [12JY]
Reports filed
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
ENDANGERED SPECIES ACT
Bills and resolutions
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Reauthorization (H.R. 2275): consideration (see H. Res. 466)
[26JN]
Reports filed
Reauthorization: Committee on Resources (House) (H.R. 2275) (H.
Rept. 104-778) [9SE]
ENERGY
see Power Resources
ENERGY POLICY AND CONSERVATION ACT
Bills and resolutions
Conservation of energy: extend certain programs (see H.R. 3670,
3868, 4083) [18JN] [23JY] [17SE]
[[Page 3022]]
Reports filed
Programs Extension: Committee on Commerce (House) (H.R. 3868) (H.
Rept. 104-712) [26JY]
------Committee on Commerce (House) (H.R. 4083) (H. Rept. 104-814)
[20SE]
ENGEL, ELIOT L. (a Representative from New York)
Bills and resolutions introduced by
Education: allow local jurisdictions flexibility in use of certain
funds (see H.R. 3135) [21MR]
International Fund for Ireland: require certain entities receiving
U.S. funds to comply with the MacBride Principles (see H.R.
3621) [12JN]
Kosovo: human rights violations (see H. Con. Res. 155) [27MR]
Lebanon: withdrawal of Syrian military (see H. Con. Res. 190)
[19JN]
Poland: condemn construction of shopping center within
internationally protected zone around the Auschwitz death camp
(see H. Res. 398) [29MR]
ENGINEERING
Bills and resolutions
Coast Guard: cost estimate for the engineering, design and
retrofitting of the icebreaker Mackinaw (see H.R. 4081) [17SE]
Commission on the Advancement of Women in the Science and
Engineering Work Forces: establish (see H.R. 3726) [26JN]
Messages
NSF Report: President Clinton [22MY]
Science and Engineering Indicators--1996: President Clinton [15MY]
ENGLAND
see United Kingdom of Great Britain and Northern Ireland
ENGLISH, PHIL (a Representative from Pennsylvania)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Dept. of Veterans Affairs: authorize VA medical centers to retain
funds collected for health services provision (see H.R. 2913)
[31JA]
Elections: constitutional amendment to regulate campaign
expenditures and contribution limits (see H.J. Res. 172)
[18AP]
Employment: extend time period for filing of trade adjustment
assistance petitions (see H.R. 3271) [18AP]
Public welfare programs: reform unemployment benefit system (see
H.R. 3738) [27JN]
Rental housing: prohibit Federal assistance to owners whose
tenants are family members (see H.R. 3963) [2AU]
Senior citizens: improvements relative to financial security (see
H.R. 3125) [20MR]
Social Security: exempt States from certain regulatory
requirements relative to electronic distribution of benefits
(see H.R. 4089) [17SE]
------use of current level disability benefits for blind
individuals in certain earnings test disability determinations
(see H.R. 4091) [17SE]
Taxation: application of retail tax relative to certain heavy duty
trucks and trailers (see H.R. 4090) [17SE]
------suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
------treatment of beer (see H.R. 3817) [16JY]
------treatment of depreciable business assets (see H.R. 3124)
[20MR]
------treatment of income relative to cash method of accounting
(see H.R. 3126) [20MR]
------treatment of unemployment tax relative to entertainment
industry (see H.R. 3677) [19JN]
ENGLISH LANGUAGE EMPOWERMENT ACT
Bills and resolutions
Enact (H.R. 123): consideration (see H. Res. 499) [31JY]
Motions
Enact (H.R. 123) [1AU]
Reports filed
Consideration of H.R. 123, Provisions: Committee on Rules (House)
(H. Res. 499) (H. Rept. 104-734) [31JY]
Provisions: Committee on Economic and Educational Opportunities
(House) (H.R. 123) (H. Rept. 104-723) [30JY]
ENSIGN, JOHN (a Representative from Nevada)
Bills and resolutions introduced by
Correctional institutions: use of Federal prison labor by
nonprofit entities (see H.R. 3776) [10JY]
Nevada: disposal and acquisition of certain lands (see H.R. 3127)
[20MR]
Social Security: provide enrollment period for Medicare and
medigap relative to certain military retirees and dependents
(see H.R. 4298) [28SE]
Taxation: treatment of certain accounts involved in the
acquisition of gold, silver, platinum, or palladium bullion
(see H.R. 3047) [7MR]
ENVIRONMENTAL IMPROVEMENT TIMBER CONTRACT EXTENSION ACT
Bills and resolutions
Enact (see H.R. 3659) [13JN]
ENVIRONMENTAL PROTECTION AGENCY
Appointments
Conferees: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Air pollution: regulatory requirements relative to upwind
nonattainment areas (see H.R. 4339) [3OC]
Ammonia: revise water quality criteria (see H.R. 4107) [18SE]
CERCLA: eligibility for Federal assistance relative to development
of brownfield sites (see H.R. 3746) [27JN]
------establish loan program for cleanup of brownfield sites (see
H.R. 3214) [29MR]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (see H.R. 3666) [18JN]
------making appropriations (H.R. 3666), consideration (see H.
Res. 456) [19JN]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Office of Noise Abatement and Control: reestablish (see H.R. 4308)
[28SE]
Petroleum: regulation of above-ground storage tanks (see H.R.
3283) [22AP]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
------funding for dredged material disposal relative to wetlands
(see H.R. 3152) [22MR]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
States: distribution of funds for cooperative agreements relative
to underground storage tanks (see H.R. 3391) [2MY]
Water: sediments decontamination technology (see H.R. 3112) [19MR]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Conference reports
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Motions
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666) [26JN] [11SE]
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations: Committee on
Rules (House) (H. Res. 456) (H. Rept. 104-630) [19JN]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations: Committee of Conference (H.R. 3666)
(H. Rept. 104-812) [20SE]
------Committee on Appropriations (House) (H.R. 3666) (H. Rept.
104-628) [18JN]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Bills and resolutions
Employment: provide funding and remedies for certain instances of
sexual harassment (see H.R. 3646) [13JN]
ESHOO, ANNA G. (a Representative from California)
Bills and resolutions introduced by
Computers: provide parental control of child access to online
services (see H.R. 3089) [14MR]
Insurance: establish a minimum amount that may be applied as an
aggregate lifetime limit relative to coverage under certain
health benefit plans (see H.R. 3030) [6MR]
Taxation: allow companies to donate scientific equipment to
schools (see H.R. 3498) [21MY]
Telephones: prohibit providers of cellular and other mobile radio
services from blocking access to 911 emergency services (see
H.R. 3181) [28MR]
U.N.: authorize payment of U.S. arrearages and contributions for
U.N. peacekeeping activities (see H. Con. Res. 225) [27SE]
ESKIMOS
see Native Americans
ETHICS
see Morality and Ethics; Political Ethics
ETHNIC GROUPS
related term(s) Minorities
Bills and resolutions
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
------prohibit discrimination in the payment of wages based on
sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Families and domestic relations: promote adoption of minority
children (H.R. 3286), consideration (see H. Res. 428) [7MY]
[[Page 3023]]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
Health: modify certain programs relative to minority women (see
H.R. 3179) [27MR]
History: recognition of the heritage of certain areas of the U.S.
(see H.R. 3305) [24AP]
Paperwork Reduction Act: use of term ``multiracial or
multiethnic'' on classification lists (see H.R. 3920) [30JY]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
EUROPE
Bills and resolutions
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
Foreign trade: prohibit meat product imports from the European
Union (see H.R. 3050) [7MR]
NAFTA: extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
NATO: membership of Central and East European countries (see H.R.
3564, 4096) [4JN] [17SE]
Treaties and agreements: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
Messages
Agreement With Poland Relative to Fisheries: President Clinton
[13FE]
EUROPEAN COMMUNITY
see European Union
EUROPEAN UNION
Bills and resolutions
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
Foreign trade: prohibit meat product imports from the European
Union (see H.R. 3050) [7MR]
NAFTA: extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
EVANS, LANE (a Representative from Illinois)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Dept. of Veterans Affairs: extend benefits to certain children of
Vietnam veterans born with spina bifida (see H.R. 3927) [31JY]
------improve benefits for veterans exposed to ionizing radiation
(see H.R. 4173) [25SE]
Federal employees: military uniform requirements for civilian
employees of the National Guard (see H.R. 3311) [24AP]
EVERETT, TERRY (a Representative from Alabama)
Bills and resolutions introduced by
American Battle Monuments Commission: repair and maintenance of
war memorials (see H.R. 3248) [16AP]
Veterans: improve programs and benefits (see H.R. 3373) [1MY]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
EWING, THOMAS W. (a Representative from Illinois)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Business and industry: authorize judicial review of agency
certifications of the economic impact of regulations on small
entities (see H.R. 3048) [7MR]
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
Education: exempt certain lenders from audit requirements of
student loan programs (see H.R. 3002) [4MR]
Foreign trade: most-favored-nation status for certain nonmarket
economy countries (see H.R. 2926) [1FE]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Taxation: application of low-income housing credit on housing
units assigned to certain single parents (see H.R. 3503)
[22MY]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
EXECUTIVE COMMUNICATIONS
Transmittals
ACDA: report (EC1972) [25JA] (EC2010) [1FE]
Administrative Office of the U.S. Courts: applications for court
orders to permit interception of wire, oral, or electronic
communications report (EC2676) [30AP]
Advisory Commission on Intergovernmental Relations: report
(EC2006) [1FE]
Advisory Council on Historic Preservation: Federal Managers'
Financial Integrity Act report (EC2446) [23AP]
African Development Foundation: Federal Managers' Financial
Integrity Act report (EC2065) [20FE]
------Inspector General report (EC2241) [13MR]
AID: audit report (EC3951) [8JY]
------Denton Program report (EC5062) [10SE]
------Development Assistance Program report (EC2480) [24AP]
------Economic Support Fund Program report (EC2479) [24AP]
(EC3292) [30MY]
------Federal Managers' Financial Integrity Act report (EC2124)
[27FE]
------Freedom of Information Act report (EC2670) [30AP]
------Inspector General report (EC3951) [8JY]
American Battle Monuments Commission: Federal Managers' Financial
Integrity Act report (EC1921) [5JA]
------Freedom of Information Act report (EC2066) [20FE]
American Chemical Society: report (EC1957) [23JA] (EC3007) [14MY]
American Legion: internal controls and financial management
systems report (EC3168) [23MY]
------report (EC2023) [6FE]
Amtrak: Freedom of Information Act report (EC2218) [8MR]
------Inspector General report (EC3954) [8JY]
------legislative report and Federal grant request (EC2129) [27FE]
Appalachian Regional Commission: Federal Managers' Financial
Integrity Act report (EC2018) [6FE]
------Inspector General report (EC3474) [10JN]
Architect of the Capitol: appropriations expenditures (EC1907)
[4JA] (EC3927) [8JY]
Architectural and Transportation Barriers Compliance Board:
Federal Managers' Financial Integrity Act report (EC2279)
[21MR]
Armed Forces Retirement Home Board: Federal Managers' Financial
Integrity Act report (EC2885) [8MY]
Assassination Records Review Board: Freedom of Information Act
report (EC5037) [10SE]
BATF: ammunition feeding devices final rule (EC4522) [2AU]
------basic permit requirements under the Federal Alcohol
Administration Act--nonindustrial use of spirits and wine,
bulk sales, and bottling of distilled spirits final rule
(EC3282) [30MY]
------distilled spirits used in manufacturing final rule (EC3911)
[27JN]
------explosives commerce final rule (EC4425) [29JY]
------firearms and ammunition manufacturers excise taxes final
rule (EC4312) [24JY]
------liquor final rule (EC3759) [20JN]
------materials and process relative to the production of wine and
the treatment of juice, wine, and distilling material final
rule (EC3094) [20MY]
------procedural rules statement (EC3910) [27JN]
------removal of restrictions on importation of defense articles
and services from Russia final rule (EC2825) [6MY]
------technical amendments final rule (EC2954) [10MY]
------viticultural area final rule (EC3843) [25JN] (EC3912) [27JN]
Bonneville Power Administration: Chief Financial Officers Act
report (EC2194) [6MR]
Boy Scouts: report (EC2238) [12MR]
Bureau of Reclamation: Colorado River Basin Project financial
statements report (EC3401, EC3402) [5JN]
Bureau of the Census: customs entry records final rule (EC4412)
[26JY]
Canada-U.S. Interparliamentary Group: conference report (EC5465)
[4OC]
CBO: sequestration report (EC1942) [23JA] (EC2275) [20MR] (EC4555)
[4SE]
------technical assumptions to be used in preparing national
defense function outlay estimates (EC3614) [17JN]
CCC: monetization programs report (EC2520) [25AP]
------Supplier Credit Guarantee Program final rule (EC3867) [27JN]
CFTC: electronic media use by commodity pool operators and trading
advisors final rule (EC4548) [4SE]
------ethics training for registrants final rule (EC2692) [1MY]
------Freedom of Information Act report (EC2263) [19MR]
------publicizing broker association memberships final rule
(EC4549) [4SE]
------regulation of foreign brokers final rule (EC2691) [1MY]
Christopher Columbus Fellowship Foundation: report (EC2149) [4MR]
CIA: appropriations legislation (EC2960) [10MY]
------Freedom of Information Act report (EC4960) [10SE]
Commission on Civil Rights: Freedom of Information Act report
(EC2236) [12MR]
------funding Federal civil rights enforcement report (EC2056)
[13FE]
------legislation (EC3092) [20MY]
Committee for Purchase From People Who Are Blind or Severely
Disabled: Freedom of Information Act report (EC2180) [5MR]
------procurement list additions final rule (EC2671) [30AP]
(EC3194) [29MY] (EC3242) [30MY] (EC3697) [18JN] (EC3822)
[25JN] (EC4058) [10JY] (EC4914) [18JY] (EC4407) [26JY]
(EC4518) [2AU] (EC4687, EC4688) [4SE] (EC4961, EC4962, EC4963)
[10SE] (EC5413) [2OC]
Comptroller of the Currency: Community Development Corp. project
and other public welfare investments (EC5119) [16SE]
------interagency guidelines establishing standards for safety and
soundness final rule (EC4578) [4SE]
------loans in special flood hazard areas final rule (EC4912)
[10SE]
------market risk based capital standards final rule (EC4911)
[10SE]
------sales of credit life insurance final rule (EC5368) [28SE]
------streamlining regulatory requirements report (EC5299) [25SE]
Congressional Medal of Honor Society: financial report (EC4157)
[16JY]
Congressional Office of Compliance: proposed rulemaking notice
(EC2201) [6MR] (EC3035) [15MY] (EC3177) [23MY] (EC3512) [10JN]
Corp. for National and Community Service: Inspector General report
(EC3438) [6JN]
Corp. for Public Broadcasting: Inspector General report (EC3540)
[12JN]
Court of Federal Claims: report (EC1929) [5JA]
Court of Veterans Appeals: actuarial report (EC5247) [23SE]
[[Page 3024]]
CPSC: Federal Managers' Financial Integrity Act report (EC2008)
[1FE]
------Freedom of Information Act report (EC2242) [13MR]
------Inspector General report (EC3394) [5JN]
------requirements for labeling of retail containers of charcoal
final rule (EC2665) [30AP]
------standard for flammability of children's sleepware final rule
(EC5283) [24SE]
Customs Service: determination of country of origin of goods for
NAFTA purposes final rule (EC3424) [5JN]
------emissions standards for imported nonroad engines final rule
(EC4799) [4SE]
------enforcement of foreign assets control regulations final rule
(EC3069) [16MY]
------removal of customs regulations relative to Steel Voluntary
Restraint Arrangement Program final rule (EC3026) [14MY]
------removal of Toshiba sanction regulations final rule (EC3361)
[4JN]
------suspension of station operators relative to felony
indictments final rule (EC4526) [2AU]
------textile and apparel products origin final rule (EC4277)
[22JY]
DAR: audit report (EC4203) [18JY]
DAV: national convention report (EC1916) [4JA]
DEA: Domestic Chemical Diversion Control Act report (EC2431)
[19AP]
------exemption removal for certain products marketed under the
Federal Food, Drug, and Cosmetic Act final rule (EC4921)
[10SE]
Defense Environmental Response Task Force: report (EC2173) [4MR]
Delaware River Basin Commission: Federal Managers' Financial
Integrity Act report (EC1894) [3JA]
------Inspector General report (EC2396) [16AP]
Dept. of Agriculture: accounting requirements for
telecommunications borrowers final rule (EC4551) [4SE]
------acquisition regulations final rule (EC5470) [4OC]
------aerial service wires specification final rule (EC3036)
[16MY]
------agreements for development of foreign markets for
agricultural commodities final rule (EC2897) [9MY]
------almonds final rule (EC3860) [27JN] (EC3358) [31JY] (EC4542)
[4SE] (EC5274) [24SE]
------amendment of general regulations for marketing orders final
rule (EC2865) [8MY]
------animal health protection legislation (EC3294) [30MY]
------animal welfare enforcement report (EC4429) [30JY]
------Applegate Lake, OR, Corps of Engineers project (EC3425)
[5JN]
------apples and pears final rule (EC5332) [26SE]
------approved plants and standards for dairy products final rule
(EC2465) [24AP]
------apricots, cherries, and prunes final rule (EC4532) [4SE]
(EC5297) [25SE]
------apricots final rule (EC3575) [13JN] (EC3713) [19JN] (EC4545)
[4SE]
------avocados and limes final rule (EC2469) [24AP]
------avacados final rule (EC2744) [2MY] (EC3717) [19JN] (EC4510)
[2AU] (EC4977) [10SE] (EC5185) [18SE]
------barley final rule (EC2472) [24AP]
------bird quarantine facilities screening final rule (EC3805)
[25JN]
------Business and Industrial Loan Program audit requirements
final rule (EC3098) [21MY]
------cantaloupe final rule (EC2867) [8MY]
------cauliflower final rule (EC3892) [10SE]
------change in disease status of Italy and the Czech Republic
relative to rinderpest and foot-and-mouth disease (EC5451)
[4OC]
------cherries final rule (EC5295) [25SE]
------corn final rule (EC5087) [12SE]
------Cotton Board final rule (EC3762) [24JN]
------cranberries final rule (EC3714) [19JN] (EC4537) [4SE]
(EC5446) [4OC]
------dairy products final rule (EC3984) [9JY]
------dates final rule (EC5273) [24SE]
------determination relative to use of other than competitive
procedures for National Forest System watershed restoration
(EC2947) [10MY]
------Distance Learning and Telemedicine Grant Program final rule
(EC3809) [25JN]
------eligibility for free and reduced price meals by food program
institutions final rule (EC4897) [10SE]
------elimination of obsolete regulations final rule (EC5448)
[4OC]
------End-Use Certificate Program final rule (EC3844) [25JN]
------export certificates final rule (EC2650) [30AP]
------farm legislation relative to the authorization of retail
firms and wholesale food concerns final rule (EC5453) [4OC]
------Farm Program implementation final rule (EC4071) [11JY]
------Federal crop insurance regulations final rule (EC5114,
EC5115, EC5116, EC5117) [16SE]
------fees for official inspection and official weighing services
final rule (EC4550) [4SE]
------Food Stamp Program's failure to comply with Federal, State,
or local welfare assistance program requirements final rule
(EC2651) [30AP]
------Food Stamp Program final rule (EC3862) [27JN]
------Freedom of Information Act report (EC2260) [19MR]
------fresh cut flowers and greens final rule (EC2646) [30AP]
(EC3716) [19JN]
------fruit fly final rule (EC3612) [17JN] (EC4317) [25JY]
------fruit trees importation final rule (EC5410) [2OC]
------fruits and vegetables importation final rule (EC5088) [12SE]
------goats and horses final rule (EC4139) [16JY]
------grapefruit, oranges, tangelos, and tangerines final rule
(EC2866) [8MY]
------grapes final rule (EC3718) [19JN]
------green and wax beans final rule (EC4218) [22JY]
------hazelnuts final rule (EC2467) [24AP] (EC3573) [13JN]
(EC4543) [4SE]
------honey final rule (EC3518) [12JN]
------horses final rule (EC2650) [30AP] (EC4459) [31JY] (EC4896)
[10SE]
------import quotas and fees final rule (EC3183) [29MY]
------importation of embryos from ruminants and swine final rule
(EC3027) [15MY]
------imported fire ants final rule (EC2650) [30AP]
------import/export user fees final rule (EC3028) [15MY]
------Japanese beetles final rule (EC3743) [20JN]
------karnal bunt final rule (EC2649) [30AP] (EC3989, EC3990)
[9JY] (EC4140) [16JY] (EC5452) [4OC]
------kiwifruit final rule (EC4534) [4SE] (EC5232) [23SE]
------limes and avocados final rule
------limes final rule (EC4539) [4SE]
------livestock assistance regulations final rule (EC3808) [25JN]
------management report (EC3388) [5JN]
------meat and poultry final rule (EC3072) [11JY]
------meat imports final rule (EC4073) [11JY]
------milk final rule (EC2468) [24AP] (EC2842) [7MY] (EC2864)
[8MY] (EC3224) [30MY] (EC3987) [9JY] (EC4536) [4SE] (EC5023)
[10SE]
------monterey jack cheese grading and inspection standards final
rule (EC2648) [30AP]
------national poultry improvement plan and auxiliary provisions
final rule (EC2650) [30AP]
------National School Lunch Program cheese alternate products
final rule (EC4145) [16JY]
------nectarines and peaches final rule (EC2743) [2MY] (EC3741)
[20JN] (EC4217) [22JY] (EC5231) [23SE]
------Netherlands disease status final rule (EC4546) [4SE]
------new vaccine for brucellosis final rule (EC2650) [30AP]
------Northeast Interstate Dairy Compact implementation
authorization (EC4899) [10SE]
------notice to interchange jurisdiction relative to civil works
and national forest lands (EC1996) [31JA]
------okra final rule (EC5113) [16SE]
------olives final rule (EC2466) [24AP] (EC4535) [4SE]
------onions final rule (EC2839) [7MY] (EC3071) [20MY] (EC3179)
[29MY] (EC3295) [4JN] (EC3983) [9JY] (EC4383) [26JY] (EC4457)
[31JY] (EC3894, EC3895) [10SE] (EC5375) [24SE]
------oranges, grapefruit, tangerines, and tangelos final rule
(EC4511) [2AU] (EC5354) [28SE]
------oranges and grapefruit final rule (EC4219) [22JY] (EC4316)
[25JY] (EC4538) [4SE] (EC5233) [23SE]
------packers and stockyards regulations and policy statements
final rule (EC4034, EC4035) [10JY]
------papayas final rule (EC3370) [5JN] (EC4512) [2AU]
------pathogen reduction final rule (EC3992) [9JY]
------payment of indemnity for tuberculosis in bison, cattle, and
cervids final rule (EC3072) [20MY]
------peanuts final rule (EC3574) [13JN] (EC3742) [20JN] (EC3985)
[9JY] (EC4544) [4SE]
------pears final rule (EC2470) [24AP]
------peas final rule (EC5112) [16SE]
------plant protection legislation (EC3293) [30MY]
------pork final rule (EC3431) [6JN] (EC3807) [25JN] (EC3986)
[9JY]
------potatoes final rule (EC2840) [7MY] (EC3296, EC3297) [4JN]
(EC3715, EC3719) [19JN] (EC3988) [9JY] (EC4138) [16JY]
(EC4430) [30JY] (EC4540, EC4541) [4SE] (EC4892) [10SE]
(EC5296) [25SE] (EC5447) [4OC]
------poultry final rule (EC4384) [26JY]
------processed fruits and vegetables and food products
regulations final rule (EC3127) [22MY]
------prunes final rule (EC4456) [31JY] (EC4531) [4SE] (EC5449)
[4OC]
------raisins final rule (EC4137) [16JY]
------Rangeland Research Grants Program final rule (EC3180) [29MY]
------regulations governing the commercial sale of agricultural
commodities final rule (EC3182) [29MY]
------rice final rule (EC3991) [9JY]
------sale of excess Federal aircraft relative to suppression of
wildfire legislation (EC5331) [25SE] (EC5490) [4OC]
------scrapie indemnification program final rule (EC5025) [10SE]
------sheep and wool promotion, research, education, and
information final rule (EC2741) [2MY] (EC2895, EC2896) [9MY]
------sheep final rule (EC3925) [8JY]
------slaughter cattle and carcass beef standards for grade final
rule (EC2742) [2MY]
------Small Business Innovation Research Grants Program final rule
(EC2961) [14MY]
------sodium citrate with citric acid in processed meat and
poultry final rule (EC2471) [24AP]
------Southeast Alaska Public Lands Information Center report
(EC2265) [19MR]
------Southeast Washington and Northeast Oregon Walla Walla Valley
sweet onions assessment rate final rule (EC2839) [7MY]
------soybeans final rule (EC5355) [28SE]
------Spain disease status final rule (EC4547) [4SE]
------spearmint oil final rule (EC2647) [30AP] (EC2841) [7MY]
(EC3517) [12JN] (EC3861) [27JN] (EC4533) [4SE]
------specified market order assessment rates final rule (EC5024)
[10SE]
------subsistence payment for employees performing certain duties
legislation (EC3323) [4JN]
------tobacco final rule (EC3369) [5JN] (EC3571, EC3572) [13JN]
(EC3866) [27JN] (EC4293) [24JY] (EC5415) [3OC]
------use of consultants funded by borrowers final rule (EC5186)
[18SE]
------user fees for crop cotton classification services to growers
final rule (EC2745) [2MY]
[[Page 3025]]
------viruses, serums, and toxins and analogous products final
rule (EC3686) [18JN] (EC3806) [25JN] (EC3926) [8JY] (EC5450)
[4OC]
------Wetlands Reserve Program final rule (EC3181) [29MY] (EC4898)
[10SE]
------Youth Conservation Corps Program report (EC3074) [20MY]
Dept. of Commerce: Antarctic Living Marine Resources Convention
Act program development plan (EC4095) [11JY]
------Biological Warfare Experts Group meeting final rule (EC4497)
[1AU]
------Bureau of Export Administration report (EC2274) [20MR]
------CFR chapter final rule (EC4088) [11JY]
------coastal zone management fund for NOAA report (EC3663) [17JN]
------Federal agency guidance for acquistion of modular metric
construction products final rule (EC3067) [16MY]
------Federal agency use of technology transfer authorities
(EC2131) [27FE]
------fisheries and oceans reports (EC2141) [28FE]
------Freedom of Information Act report (EC4519) [2AU]
------improving export mechanisms and military assistance report
(EC3685) [17JN]
------International Buyer Program relative to domestic trade shows
final rule (EC3696) [18JN]
------inventions and patents final rule (EC4478) [31JY]
------licensing of commercial communications satellites final rule
(EC5338) [26SE]
------Market Development Cooperator Program final rule (EC3695)
[18JN]
------miscellaneous changes in patent practice final rule (EC4740)
[4SE]
------National Technical Information Service report (EC2377)
[15AP] (EC3761) [20JN]
------NIST visiting committee on advanced technology report
(EC2171) [4MR]
------notice of opposition final rule (EC4008) [9JY]
------patent and trademark fees revision final rule (EC4739) [4SE]
------service of process final rule (EC4994) [10SE]
------uniform administrative requirements for grants and
cooperative agreements to State and local governments final
rule (EC3319) [4JN]
Dept. of Defense: acquisition regulations final rule (EC4077)
[11JY]
------American Red Cross audit (EC2080) [23FE]
------amphibious transport dock ship report (EC3746) [20JN]
------Anti-Deficiency Act violation (EC1908) [4JA] (EC2026) [9FE]
(EC2147) [4MR] (EC2202) [7MR] (EC2521) [25AP] (EC2746) [2MY]
(EC3128) [22MY] (EC3744, EC3745) [20JN] (EC4556) [4SE]
(EC4901, EC4902, EC4903, EC4904, EC4905) [10SE]
------automated information systems report (EC2378) [16AP]
------award of minority contracts progress report (EC4562) [4SE]
------certification for retirement in grade of certain officers
(EC2215) [8MR]
------civilian intelligence personnel reform legislation (EC2959)
[10MY]
------Civilian Separation Pay Program report (EC4134) [12JY]
------Cooperative Threat Reduction Program funds report (EC1993)
[31JA]
------cost comparison of Pentagon cleaning services (EC2474)
[24AP]
------Counterdrug Detail Program report (EC3519) [12JN]
------cross-servicing and acquisition actions undertaken with non-
NATO countries (EC2198) [6MR]
------Defense Enterprise Fund cooperative threat reduction funding
notification (EC5018) [10SE]
------Defense Federal Acquisition Regulation Supplement final rule
(EC4221) [22JY] (EC4414) [29JY] (EC5234) [23SE] (EC5385)
[30SE]
------Defense Federal Acquisition Regulation Supplement report
(EC2421) [19AP]
------Defense Nuclear Agency Longterm Radiation Tolerant
Microelectronics Program report (EC3520) [12JN]
------Defense Production Act fund activities report (EC1988)
[31JA]
------early intervention and special education to dependents in
overseas schools final rule (EC5092) [12SE]
------Environmental Scholarships Program and Fellowships Program
summary report (EC2837) [6MY]
------extraordinary contractual actions to facilitate the national
defense report (EC2268) [20MR]
------Federal acquisition regulation supplement for small
disadvantaged business concerns final rule (EC2693) [1MY]
------Federal acquisition regulation supplement on direct
submission of vouchers to disbursing office final rule
(EC3102) [21MY]
------Federal acquisition regulation supplement on institutions of
higher education final rule (EC3103) [21MY]
------Federal acquisition regulation supplement pricing for sales
of defense articles final rule (EC2668) [30AP]
------Federal Managers' Financial Integrity Act report (EC2019)
[6FE]
------Fitzsimmons Army Medical Center closure relative to health
care provision for active duty and retired military personnel
report (EC3871) [27JN]
------Foreign Comparative Testing Program report (EC2316) [29MR]
------foreign entities and secondary Arab boycott of Israel
(EC1958) [23JA]
------Freedom of Information Act report (EC2125) [27FE]
------future years defense program relative to the M1A2 multiyear
program certification (EC4076) [11JY]
------Health Resources Sharing and Emergency Operations Act report
(EC2105) [23FE]
------Inspector General report (EC1901) [3JA] (EC3956) [8JY]
------International Cooperative Research and Development Program
report (EC3101) [21MY]
------Laboratory Revitalization Demonstration Program report
(EC2301) [27MR]
------Longbow Apache Program costs relative to the future years
defense program report (EC2903) [9MY]
------manpower requirements report (EC2112) [27FE] (EC4560) [4SE]
------military exchanges, commissary stores, and other morale,
welfare, and recreation activities operating efficiency report
(EC5298) [25SE]
------military health care for beneficiaries entitled to Medicare
report (EC5022) [10SE]
------multiyear contract for the C-17 program report (EC3372)
[5JN]
------national defense appropriations legislation (EC2342) [15AP]
(EC2379) [16AP]
------nonlethal weapons report (EC2380) [16AP]
------notice of intention to obligate funds for Foreign
Comparative Testing Program (EC5089) [12SE]
------notice of intention to obligate funds in excess of available
appropriations (EC4906) [10SE]
------notification relative to report transmission (EC3144) [23MY]
------Office of Technology Transition report (EC2028) [9FE]
------off-the-shelf systems report (EC3298) [4JN]
------operations and management legislation (EC2433) [19AP]
------Pentagon renovation and equipment installation cost
certification (EC2133) [27FE]
------Performance of Dept. of Defense Commercial Activities report
(EC2074) [23FE]
------Presidential and congressional report (EC2311) [28MR]
------Presidential determination relative to POW/MIA drawdown for
Vietnam report (EC5207) [18SE]
------Privacy Program final rule (EC5377) [28SE] (EC5416, EC5417)
[3OC]
------purchases from foreign entities (EC5061) [10SE]
------Red Cross emergency communication services for the Armed
Forces report (EC2899) [9MY]
------reimbursement rules for indirect costs under defense Federal
acquisition regulation supplement final rule (EC2901) [9MY]
------Reserve Forces Policy Board report (EC2523) [25AP]
------restructuring costs under defense contracts report (EC3869)
[27JN]
------retirement of Arthur E. Williams in the grade of lieutant
general (EC3299) [4JN]
------selected acquisition reports (EC3038) [16MY] (EC3868) [27JN]
------Small Business Innovation Research Program quality report
(EC3510) [10JN]
------staff-years of effort estimates report (EC2749) [2MY]
------standard missile block IV major defense acquistion program
report (EC2900) [9MY]
------strategic and critical materials report (EC1947) [23JA]
------Superfund financial transactions report (EC5387) [30SE]
------survivability and lethality testing of the UH-1N variant of
the Marine Corps H-1 upgrade program certification (EC5188)
[18SE]
------transfer of naval vessels to certain foreign countries
(EC2143) [29FE]
------travel management reform legislation (EC3368) [4JN]
------U.S.-Israel Arrow Deployability Program report (EC3570)
[12JN]
------U.S.-People's Republic of China Joint Defense Conversion
Commission report (EC4281) [23JY]
------weapons destruction and nonproliferation in the former
Soviet Union program activities report (EC4807) [4SE]
Dept. of Education: audit follow-up report (EC1977) [25JA]
(EC3592) [13JN]
------Bilingual Education Graduate Fellowship Program final rule
(EC3690) [18JN] (EC3720) [19JN]
------Challenge Grants for Technology in Education report (EC2659)
[30AP]
------chapter 2 reports (EC5238) [23SE]
------Consortium Incentive Grants report (EC2658) [30AP]
------drug and violence prevention programs final rule (EC3928,
EC3929) [8JY]
------Education of Individuals With Disabilities Program and
Children and Youth With Serious Emotional Disturbance Program
training priorities (EC2844) [7MY] (EC2874) [8MY]
------Education of Individuals With Disabilities Program research
final regulations (EC2176) [5MR]
------education of minority children final rule (EC2440) [23AP]
------elementary school mathematics and science equipment funds
final rule (EC3721) [19JN] (EC3873) [27JN]
------final priorities for several programs (EC2029) [9FE]
------Foreign Language Assistance Grants application notice
(EC3226, EC3228) [30MY]
------Foreign Language Assistance Grants final rule (EC3187,
EC3188) [29MY]
------Freedom of Information Act report (EC5378) [28SE]
------Fund for the Improvement of Education Program report
(EC2443) [23AP] (EC2661) [30AP]
------general administrative final regulations (EC2152) [4MR]
------hate crimes prevention programs final rule (EC3930) [8JY]
(EC3993) [9JY]
------higher education programs in modern foreign language
training and area studies final rule (EC5236, EC5237) [23SE]
(EC5335) [26SE]
------Indian Fellowship and Professional Development Programs
final rule (EC4816) [5SE] (EC4918) [10SE]
------Inspector General report (EC3389, EC3390) [5JN]
------Jacob K. Javits Gifted and Talented Students Education
Program priorities (EC2442) [23AP] (EC2660) [30AP]
[[Page 3026]]
------national assessment of educational progress report (EC4586)
[4SE]
------post-secondary education for individuals with disabilities
final rule (EC3874, EC3875) [27JN]
------Presidential honors scholarship legislation (EC5370) [28SE]
------Rehabilitation Engineering Research Center Demonstration
Project final rule (EC3227, EC3229) [30MY]
------rehabilitation research and training center final rule
(EC4038, EC4039) [10JY]
------school-to-work urban/rural opportunities grants final rule
(EC4083) [11JY] (EC4119) [12JY]
------Special Studies Program priorities report (EC2696) [1MY]
(EC2875) [8MY]
------State grants program for technology related assistance for
individuals with disabilities final regulations (EC2151) [4MR]
------State Vocational Rehabilitation Services Program final rule
(EC2876) [8MY] (EC2972) [14MY]
------student assistance final rule (EC5122, EC5123) [16SE]
------Technology in Education Challenge Grants selection criteria
(EC2441) [23AP]
------training personnel for the education of individuals with
disabilities final rule (EC3186, EC3189) [29MY]
------Vending Facility Program for the Blind on Federal and Other
Property report (EC2439) [23AP] (EC2662) [30AP]
------vocational education data report (EC4587) [4SE]
------William D. Ford Federal Direct Loan Program final rule
(EC3522, EC3523) [12JN] (EC3691, EC3692) [18JN]
Dept. of Energy: acquisition regulations final rule (EC3190)
[29MY] (EC3823) [25JN] (EC4593, EC4594) [4SE]
------building energy efficiency standards activities report
(EC4802) [4SE]
------Clean Power From Integrated Coal/Ore Reduction Demonstration
Project report (EC4806) [4SE]
------Coal Research, Development, Demonstration, and Commercial
Application Programs report (EC1992) [31JA]
------conservation program for consumer products final rule
(EC4170) [17JY]
------contractor litigation cost policies, terms of law firm
engagement, and allowability of costs final rule (EC3076)
[20MY]
------Defense Nuclear Facilities Safety Board activities report
(EC2543) [25AP] (EC5017) [10SE]
------defense waste management and environmental restoration
research and technology development activities report (EC2747)
[2MY]
------demonstration and commercial application of Renewable Energy
and Energy Efficiency Technologies Program report (EC4213)
[18JY]
------determination relative to use of other than competitive
procedures to contract sale of naval petroleum reserve
(EC2175) [5MR]
------Electric and Hybrid Vehicle Research, Development and
Demonstration Act report (EC5348) [26SE]
------Electric and Magnetic Fields Research and Public Information
Dissemination Program legislation (EC4427) [29JY]
------energy management and conservation programs report (EC1990)
[31JA]
------excess Federal power policy final rule (EC5473) [4OC]
------Exxon and stripper well oil overcharge funds status report
(EC2118) [27FE] (EC3237) [30MY] (EC4939) [11SE]
------Federal Energy Management and Planning Programs final rule
(EC3877) [27JN]
------Federal Managers' Financial Integrity Act report (EC1938)
[22JA]
------Freedom of Information Act report (EC2230) [12MR]
------greenhouse gases report (EC4296) [24JY]
------large science projects report (EC2798) [2MY]
------low-level radioactive waste management progress report
(EC2063) [20FE] (EC5311) [25SE]
------metal casting competitiveness research report (EC2282)
[21MR]
------metals initiative report (EC5383) [28SE]
------mixed waste streams activities report (EC3812) [25JN]
------National Environmental Policy Act final rule (EC4198) [18JY]
------Office of Alcohol Fuels report (EC3309) [4JN]
------patent waiver regulation final rule (EC4920) [10SE]
------Performance Profiles of Major Energy Producers 1994 (EC2078)
[23FE]
------Pick-Sloan Missouri Basin Program power allocations
procedures final rule (EC5250) [23SE]
------Powerplant and Industrial Fuel Use Act repeal legislation
(EC5391) [30SE]
------ratemaking and regulatory standards for nonregulated
utilities final rule (EC4190) [18JY]
------rebate expenditures from low-level radioactive waste
surcharge escrow account (EC4390) [26JY]
------review (EC5192) [18SE]
------State Energy Conservation Program report (EC1910) [4JA]
------State Energy Program final rule (EC4042) [10JY]
------Strategic Petroleum Reserve report (EC2014) [6FE] (EC2303)
[27MR]
------Uranium Enrichment Decontamination and Decommissioning Fund
triennial report (EC4415) [29JY]
------uranium purchases report (EC4120) [12JY]
------Western Area Power Administration final rule (EC5222) [19SE]
------Western Environmental Technology Office privatization report
(EC4706) [4SE]
Dept. of HHS: advance payments to suppliers furnishing items or
services under Medicare part B final rule (EC5396) [30SE]
------changes in physician participation, assignment, and extra
billing in the Medicare Program report (EC3178) [23MY]
------chlorofluorocarbon propellants in self-pressurized
containers final rule (EC2697) [1MY]
------cigarettes and smokeless tobacco distribution final rule
(EC4834) [5SE]
------criteria for hospital designation as essential access
relative to Medicare and Medicaid final rule (EC3096) [20MY]
------Development Disabilities Assistance and Bill of Rights Act
implementation final rule (EC5388) [30SE]
------Developmental Disabilities Assistance and Bill of Rights Act
report (EC2525) [29AP]
------developmental disabilities assistance legislation (EC3580)
[13JN]
------drug abuse and drug abuse research report (EC4592) [4SE]
------employer contributions to HMOs final rule (EC3591) [13JN]
------estimate of applicable percentage increase in inpatient
hospital payment rates report (EC3124) [21MY]
------Federal agency drug-free workplace plans report (EC2519)
[24AP]
------Freedom of Information Act report (EC2726) [1MY]
------home energy assistance emergency funding (EC2406) [16AP]
------hospital inpatient prospective payment systems final rule
(EC4890) [5SE]
------Information, Counseling and Assistance Grants Program report
(EC2108) [23FE]
------Inspector General report (EC3472) [10JN]
------LIHEAP report (EC2277) [20MR]
------Medicaid Drug Rebate Program report (EC2212) [7MR]
------Medicaid Drug Use Review Demonstration Projects report
(EC2203) [7MR]
------Medicaid Program final rule (EC4494) [1AU]
------medical devices--temporary suspension of approval of a
premarket application final rule (EC2805) [6MY]
------Medicare ambulatory surgical center payment rates final rule
(EC5444) [3OC]
------Medicare and Medicaid coverage conditions for organ
procurement organizations final rule (EC2937) [9MY]
------Medicare and Medicaid physician incentive plans final rule
(EC5021) [10SE]
------Medicare and Medicaid programs final rule (EC4112) [11JY]
------Medicare and Medicaid programs hospital standards for
potentially infectious blood and blood products final rule
(EC5151) [16SE]
------Medicare enrollment and waiting periods final rule (EC5020)
[10SE]
------Medicare payment for federally qualified health center
services final rule (EC2893) [8MY]
------Medicare supplemental insurance evaluation (EC3176) [23MY]
------military beneficiaries Medicare reimbursement legislation
(EC5230) [19SE]
------Model Comprehensive Program for the Treatment of Substance
Abuse and Metropolitan Area Treatment Enhancement System
report (EC3075) [20MY]
------National Institute for Occupational Safety and Health and
Centers for Disease Control and Prevention reports (EC5301)
[25SE]
------Native Americans appeals administration final rule (EC5026)
[10SE]
------NIH reauthorization proposals report (EC3535) [12JN]
------pediatric physicians services value units final rule
(EC3923) [27JN]
------physician fee schedule update and Medicare performance
standard recommendations report (EC4805) [4SE]
------Prescription Drug User Fee Act report (EC2116) [27FE]
------protection of human subjects relative to informed consent
final rule (EC5412) [2OC]
------Public Housing Primary Care Program report (EC2389) [16AP]
------reporting interest from zero coupon bonds final rule
(EC4315) [24JY]
------runaway and homeless youth legislation (EC3231) [30MY]
------Runaway and Homeless Youth Program report (EC1970) [25JA]
------rural health care transition grant program evaluation report
(EC2886) [27JN]
------Social HMO demonstrations report (EC3684) [17JN]
------Social Security acquisition regulation final rule (EC5315)
[25SE]
------State Medicaid programs relative to ambulatory surgery,
preadmission testing, and same-day surgery (EC2177) [5MR]
------Superfund financial transactions report (EC2217) [27FE]
------tribal child care and development block grant programs
report (EC1994) [31JA]
------validity and use of evidence concerning battering and its
effects in criminal trials report (EC3122) [21MY]
------waiver of recovery of Medicare overpayments final rule
(EC5395) [30SE]
Dept. of HUD: acquisition regulations, field reorganization,
streamlining, and simplification final rule (EC2968) [14MY]
------base closure community redevelopment and homeless assistance
final rule (EC5357) [28SE]
------Community Development Block Grant Performance Program and
HOME Fund Program legislation (EC3609) [13JN] (EC4223) [22JY]
(EC4810) [5SE]
------Community Development Work Study Program final rule (EC4229)
[22JY]
------comprehensive grant program assessment report (EC3521)
[12JN]
------Congregate Housing Services Program streamlining final rule
(EC4811) [5SE]
------conversion from coinsurance to full insurance final rule
(EC5365) [28SE]
------environmental review procedures final rule (EC2967) [14MY]
------equal employment opportunity policies and procedures final
rule (EC2722) [1MY]
[[Page 3027]]
------fair housing complaint processing final rule (EC4847) [5SE]
------fair housing enforcement agencies final rule (EC4846) [5SE]
------Federal Managers' Financial Integrity Act report (EC3858)
[26JN]
------FHA multifamily housing reform legislation (EC3611) [13JN]
------FHA single family housing reform legislation (EC3577) [13JN]
------Government National Mortgage Association management report
(EC4061) [10JY] (EC4078) [11JY]
------home equity conversion mortgage insurance demonstration
final rule (EC5366) [28SE]
------HOME Investment Partnerships Program final rule (EC5364)
[28SE]
------Homeownership of Single Family Homes Program final rule
(EC5363) [28SE]
------housing choices for families report (EC3763) [24JN]
------Indian HOME Program final rule (EC4225) [22JY]
------loan guarantee recovery fund final rule (EC5359) [28SE]
------Low-Income Public Housing Performance Funding System final
rule (EC2966) [14MY]
------mortgage insurance on condominium units in non-FHA approved
projects final rule (EC3515) [11JN]
------multifamily and single family nonjudicial foreclosure
procedures final rule (EC5362) [28SE]
------Nehemiah Housing Opportunity Grants Program streamlining
final rule (EC4812) [5SE]
------Older Americans Home Security Act report (EC4232) [22JY]
------optional earned income exclusion final rule (EC5358) [28SE]
------prohibition of advance disclosure of funding--accountability
in the provision of assistance final rule (EC2655) [30AP]
------public housing development regulation streamlining final
rule (EC4809) [5SE]
------Public Housing Management Assessment Program final rule
(EC4224) [22JY]
------public/private partnerships for mixed-finance development of
public housing units final rule (EC2970) [14MY]
------Real Estate Settlement Procedures Act final rule (EC3615)
[17JN]
------revision of FHA multifamily processing fees final rule
(EC2657) [30AP]
------sale of multifamily mortgages final rule (EC4222) [22JY]
------sale of single family mortgages final rule (EC5356) [28SE]
------Section 8 certificate and voucher conforming final rule
(EC4813) [5SE]
------Section 8 moderate rehabilitation single room occupancy
program for homeless individuals final rule (EC5361) [28SE]
------single family amendments, clarifications, and corrections
final rule (EC4226) [22JY]
------single family mortgage insurance final rule (EC4387) [26JY]
(EC4563) [4SE]
------standards of ethical conduct for department employees
(EC4227) [22JY]
------streamlining FHA single and multifamily housing and health
care facility mortgage insurance program regulations final
rule (EC2656) [30AP]
------streamlining mortgagee requirements final rule (EC4228)
[22JY]
------streamlining regulations governing the protection of human
subjects final rule (EC4230) [22JY]
------supplemental standards of ethical conduct for employees
final rule (EC2653) [30AP]
------tax exemption of obligations of public housing agencies
regulatory reinvention final rule (EC2654) [30AP]
------techincal amendments to Section 8 tenant-based programs
final rule (EC3516) [11JN]
------termination of tenancy for criminal activity final rule
(EC5360) [28SE]
------Title I Property Improvement and Manufactured Home Loan
Insurance Program final rule (EC2969) [14MY]
------title insurance practices in Florida final rule (EC5367)
[28SE]
------Youthbuild Program final rule (EC3514) [11JN]
Dept. of Justice: antigang and youth violence control legislation
(EC3429) [5JN]
------Architectural and Transportation Barriers Compliance Board
final rule (EC5325) [25SE]
------Asset Forfeiture Program report (EC4133) [12JY]
------attacking financial institutions fraud report (EC2797) [2MY]
------Bureau of Justice assistance report (EC1928) [5JA]
------Bureau of Prisons drug abuse treatment programs early
release consideration final rule (EC3091) [20MY]
------Bureau of Prisons operation of Confinement Center Program
final rule (EC3009) [14MY]
------Bureau of Prisons prevention of acts of violence and
terrorism final rule (EC3090) [20MY]
------Bureau of Prisons special foods or meals final rule (EC3008)
[14MY]
------CAB recommendations final rule (EC5104) [12SE]
------child support recovery legislation (EC5480) [4OC]
------Child Victimizers--Violent Offenders and Their Victims
(EC2300) [26MR]
------criminal history records exchange for noncriminal justice
purposes legislation (EC5478) [4OC]
------criminal offender anti-drug legislation (EC5321) [25SE]
(EC5479) [4OC]
------domestic violence report (EC3051, EC3052) [16MY]
------Enhanced Prosecution of Dangerous Juvenile Offenders Act
legislation (EC1941) [22JA]
------economic espionage legislation (EC5168) [17SE]
------electronic surveillance order applications report (EC2799)
[2MY]
------enforcement policy relating to health care and antitrust
statement (EC5043) [10SE]
------enhanced prosecution and punishment of armed dangerous
felons legislation (EC3548) [12JN]
------environmental crimes and enforcement legislation (EC5253)
[26SE]
------FBI, DEA, INS, and Marshals Service damage settlements
report (EC3756) [20JN]
------Federal child protection laws legislation (EC3332) [4JN]
------Federal Debt Collection Procedures Improvements Act (EC2011)
[1FE]
------Federal electronic surveillance laws use report (EC4996)
[10SE]
------Federal Managers' Financial Integrity Act report (EC2196)
[6MR]
------Federal Prison Industries, Inc., report (EC2366) [15AP]
(EC2757) [2MY]
------Federal rules of evidence clarification legislation (EC5379)
[28SE] (EC5481) [4OC]
------financial institution fraud report (EC4033) [9JY]
------forfeiture legislation (EC4280) [22JY]
------Freedom of Information Act report (EC3738) [19JN]
------grants to encourage arrest policies final rule (EC4997)
[10SE]
------guidelines for crimes against children and sexually violent
offenders registration final rule (EC2929) [10MY]
------immigration motions and appeals final rule (EC3831) [25JN]
(EC4287) [23JY]
------Inspector General report (EC3393) [5JN]
------methamphetamine control legislation (EC2740) [1MY]
------money laundering, organized crime, drug trafficking,
terrorism, and other forms of international crime legislation
(EC5397) [30SE]
------motor vehicle theft prevention final rule (EC4995) [10SE]
------persons found not guilty by reason of insanity in the
District of Columbia treatment and security legislation
(EC2107) [23FE]
------prison central inmate monitoring system final rule (EC4498)
[1AU]
------prison education tests final rule (EC5042) [10SE]
------prison hostage situation management final rule (EC4311)
[24JY]
------prison inmate discipline, education, training, leisure time
program standards and release gratuities final rule (EC5082)
[11SE]
------Prison Release Preparation Program final rule (EC4310)
[24JY]
------prison use of force and restraints final rule (EC4442)
[30JY]
------private counsel debt collection project report (EC3961)
[8JY]
------Public Integrity Section activities and operations report
(EC2266) [19MR]
------Report on State Domestic and Sexual Violence Data Collection
(EC2221) [8MR]
------statutes of limitation extension legislation (EC5205) [18SE]
------Violence Against Women Act report (EC3053) [16MY]
Dept. of Labor: affirmative action and nondiscrimination
obligations of contractors and subcontractors final rule
(EC4964) [11SE]
------affirmative action and nondiscrimination obligations of
contractors and subcontractors for individuals with
disabilities final rule (EC3047) [16MY]
------affirmative action and nondiscrimination obligations of
contractors and subcontractors for disabled veterans and
Vietnam veterans final rule (EC3046) [16MY]
------class exemption to permit restoration of delinquent
participant contributions final rule (EC4804) [4SE]
------consolidation of repetitive provisions by OSHA final rule
(EC3747) [20JN]
------construction industry scaffolds final rule (EC4817) [5SE]
------Core Data Elements and Common Definitions for Employment and
Training Programs report (EC2302) [27MR]
------ERISA regulations and interpretive bulletins final rule
(EC4040) [10JY]
------examination of working places final rule (EC4919) [10SE]
------Federal contract labor laws amendments final rule (EC4515)
[2AU]
------Federal Managers' Financial Integrity Act report (EC2139)
[28FE]
------Freedom of Information Act report (EC4969) [10SE]
------Immigration Reform and Control Act report (EC3254) [30MY]
------Inspector General report (EC3240) [30MY]
------longshore work in U.S. ports by alien crewmembers final rule
(EC4085) [11JY]
------Migrant and Seasonal Agricultural Workers Protection Act
final rule (EC3040) [16MY]
------mine safety standards final rule (EC4084) [11JY] (EC5411)
[2OC]
------mining laws use and occupancy final rule (EC4097) [11JY]
------occupational exposure to asbestos final rule (EC5191) [18SE]
------participant investment education and welfare benefits final
rule (EC3578) [13JN]
------permanent replacement of lawfully striking employees by
Federal contractors final rule (EC5456) [4OC]
------personal protective equipment in shipyards final rule
(EC3617, EC3618) [17JN]
------plan assets definition final rule (EC4589) [4SE]
------removal of duplicative regulations final rule (EC5369)
[28SE]
------revocation of obsolete regulations relative to work
incentive programs for AFDC recipients final rule (EC3914)
[27JN]
------School-to-Work Opportunities Act report (EC5210) [19SE]
------training and employment guidance final rule (EC4588) [4SE]
[[Page 3028]]
------training waivers report (EC2460) [23AP]
------transactions between plans and parties in interest
applications final rule (EC4492) [1AU]
------Unemployment Insurance Program final rule (EC3283) [30MY]
(EC3710) [18JN] (EC4276) [22JY]
Dept. of State: American Institute in Taiwan agreement report
(EC3898) [27JN]
------Bosnia and Herzegovinia military training and equipping
report (EC2911) [9MY]
------certification relative to the incidental capture of sea
turtles (EC2796) [2MY] (EC5019) [10SE]
------Chemical and Biological Weapons Control and Warfare
Elimination Act report (EC2350) [15AP]
------conditions in Hong Kong of interest to the U.S. (EC2419)
[18AP]
------contributions by the U.S. to international organizations
(EC1971) [25JA] (EC2349) [15AP]
------Cooperative Threat Reduction Act report (EC2276) [20MR]
------Cooperative Threat Reduction Program plan certification
(EC2137) [28FE]
------countries with U.S. economic or trade relationship report
(EC2200) [6MR]
------Country Reports on Human Rights Practices (EC2216) [8MR]
------determination relative to assistance to support Pakistan's
contribution to Haiti military (EC4631) [4SE]
------determination relative to justification for authorizing
assistance to Haiti (EC2072) [20FE]
------determination relative to justification for authorizing
funds for the peacekeeping mission in Liberia (EC4176) [17JY]
------East European Democracy Act Program report (EC2272) [20MR]
------elimination and reinvention of Office of Protocol
regulations relative to foreign official status final rule
(EC3471) [10JN]
------employment of U.S. citizens by certain international
organizations report (EC3239) [30MY]
------exports of Alaskan North slope crude oil--establishment of
license exception final rule (EC3386) [5JN]
------Federal Equal Opportunity Recruitment Program
accomplishments report (EC2795) [2MY]
------Federal Managers' Financial Integrity Act report (EC1914)
[4JA]
------fishermen's protective guaranty fund procedures final rule
(EC4984) [10SE]
------foreign aid program changes (EC2416, EC2417) [17AP]
------foreign operations, export financing, and related programs
allocation of funding report (EC3175) [23MY] (EC5488) [4OC]
------Freedom of Information Act report (EC2144) [29FE]
------Freedom Support Act report (EC4049) [10JY]
------international agreements other than treaties (EC1986) [30JA]
(EC2053) [13FE] (EC2119) [27FE] (EC2228) [12MR] (EC2304)
[27MR] (EC2351) [15AP] (EC2444) [23AP] (EC2884) [8MY] (EC3082)
[20MY] (EC3238) [30MY] (EC3310) [4JN] (EC3737) [19JN] (EC3949)
[8JY] (EC4177) [17JY] (EC4475) [31JY] (EC4636, EC4637) [4SE]
(EC5078) [11SE]
------International Customs Observer Mission in Bosnia funding
(EC3367) [4JN]
------International Narcotics Control Program budget allocation
(EC2414) [17AP]
------international narcotics control strategy report (EC2192)
[6MR]
------international terrorism report (EC2391) [16AP]
------international traffic in arms regulations final rule
(EC4050) [10JY] (EC5245) [23SE]
------justification for Foreign Assistance Act drawdown (EC2217)
[8MR] (EC5218, EC5219) [19SE] (EC5337) [26SE] (EC5372, EC5373,
EC5374) [28SE]
------license for export of defense articles to Algeria (EC5163)
[17SE]
------license for export of defense articles to Australia (EC3818)
[25JN]
------license for export of defense articles to Belgium (EC3897)
[27JN]
------license for export of defense articles to Botswana (EC2602)
[29AP]
------license for export of defense articles to Brunei (EC2712)
[1MY]
------license for export of defense articles to Canada (EC2601)
[29AP]
------license for export of defense articles to Egypt (EC3947)
[8JY]
------license for export of defense articles to France (EC5164)
[17SE]
------license for export of defense articles to Germany (EC5244)
[23SE]
------license for export of defense articles to Israel (EC5240)
[23SE]
------license for export of defense articles to Italy (EC2711)
[1MY]
------license for export of defense articles to Kazakhstan
(EC5074) [11SE]
------license for export of defense articles to Malaysia (EC5076)
[11SE]
------license for export of defense articles to Norway (EC5075)
[11SE]
------license for export of defense articles to Russia and
Kazakhstan (EC4048) [10JY]
------license for export of defense articles to Singapore (EC3819)
[25JN]
------license for export of defense articles to Spain (EC4089)
[11JY]
------license for export of defense articles to Thailand (EC2600)
[29AP]
------license for export of defense articles to the International
Telecommunications Satellite Organization (EC2942) [10MY]
------license for export of defense articles to the Republic of
China (EC3817) [25JN] (EC5162) [17SE]
------license for export of defense articles to the Republic of
Korea (EC2411) [17AP]
------license for export of defense articles to the United Kingdom
(EC2540) [25AP] (EC5071, EC5072, EC5073) [11SE] (EC5077)
[11SE] (EC5243) [23SE]
------license for export of defense articles to Turkey (EC4943)
[10SE]
------list of potential sales and licensed commercial exports of
major weapons or weapons-related defense equipment (EC2178)
[5MR]
------listing of gifts by the U.S. Government to foreign
individuals (EC1985) [30JA]
------manufacturing license agreement with Australia (EC5241)
[23SE]
------manufacturing license agreement with Israel (EC4495) [1AU]
------manufacturing license agreement with Italy (EC5287) [24SE]
------manufacturing license agreement with Japan (EC2713) [1MY]
(EC3150) [23MY] (EC4944, EC4945) [10SE] (EC5242) [23SE]
------manufacturing license agreement with Sweden (EC5069, EC5070)
[11SE]
------manufacturing license agreement with the Republic of Korea
(EC2824) [6MY] (EC3031) [15MY]
------military expenditures for countries receiving U.S.
assistance report (EC3371) [5JN]
------Multinational Force and Observers report (EC2603) [29AP]
------nationality procedures final rule (EC3197) [29MY]
------Nonproliferation and Disarmament Fund activities in Bosnia
and Herzegovina notice (EC2134) [27FE]
------Nonproliferation and Disarmament Fund report (EC3311) [4JN]
(EC3427) [5JN]
------notice of training under Antiterrorism Assistance Program
relative to Bosnia and Herzegovina (EC2541) [25AP]
------notice relative to transfer of defense articles and services
to Bosnia and Herzegovina (EC3126) [21MY]
------notification of intent to obligate funds for the Commission
on Real Property Claims of Displaced Persons and Refugees in
Bosnia and Herzegovina (EC6227) [19SE]
------notification of intent to obligate funds to facilitate
absentee voting by Bosnians in the U.S. (EC4215) [18JY]
------notification relative to reprogramming prior deobligated
economic support funds (EC2894) [8MY]
------nuclear, chemical, and biological weapons proliferation
control report (EC4891) [5SE]
------Olympic nonimmigrant visa application procedures final rule
(EC5393) [30SE]
------opening of U.S. Embassy in Jerusalem progress report
(EC2179) [5MR]
------Organization for Security and Cooperation in Europe report
(EC3291) [30MY]
------Panama Canal treaties report (EC2843) [7MY]
------passports and visas for certain nonimmigrants final rule
(EC4322) [25JY]
------passports final rule (EC3387) [5JN]
------patterns of global terrorism report (EC2756) [2MY]
------PLO Commitments Compliance Act report (EC2193) [6MR]
(EC3044) [16MY] (EC4151) [16JY]
------political contributions report (EC2910) [9MY]
------Presidential determination relative to assistance program
for Russia (EC3511) [10JN]
------Presidential determination relative to assistance to Bosnia
and Herzegovina (EC4164, EC4165) [16JY]
------Presidential determination relative to certification of the
major illicit narcotics producing and transit countries
(EC2191) [6MR]
------Presidential determination relative to drawdown of defense
articles and services to Vietnam (EC5063) [10SE]
------Presidential determination relative to Eximbank and the
People's Republic of China (EC3872) [27JN]
------Presidential determination relative to Foreign Operations,
Export Financing, and Related Programs Appropriations Act
(EC2407) [16AP]
------Presidential determination relative to Loan Guarantees for
Israel Program (EC5464) [4OC]
------Presidential determination relative to military drawdown for
Jordan (EC2199) [6MR]
------Presidential determination relative to Mongolia (EC5443)
[3OC]
------Presidential determination relative to sanctions imposed on
Serbia and Montenegro (EC1930) [5JA]
------Presidential determination relative to suspending
restrictions on U.S. relations with the PLO (EC1950) [23JA]
(EC2390) [16AP] (EC3694) [18JN]
------Presidential determination relative to the Migration and
Refugee Assistance Act (EC2943) [10MY]
------Presidential determination relative to the People's Republic
of China (EC4166) [17JY]
------program proposals for Nonproliferation and Disarmament Fund
activities (EC5208) [18SE]
------proposed lease of defense articles to Japan (EC3192) [29MY]
------proscribed destinations final rule (EC2715) [1MY] (EC4178)
[17JY] (EC4517) [2AU]
------removal of items from U.S. munitions list (EC5286) [24SE]
(EC5463) [4OC]
------report (EC3225, EC3252) [30MY]
------reprogramming of foreign aid funds (EC2415) [17AP]
------Riyadh Accountability Review Board recommendations report
(EC4283) [23JY]
------shipping and seamen final rule (EC3538) [12JN]
------South Asia nuclear nonproliferation activities report
(EC3151) [23MY]
------suspend restrictions on U.S. relations with the PLO (EC4632)
[4SE]
------transfer of property to Panama (EC2340) [15AP] (EC2868)
[8MY] (EC4907) [10SE]
------U.N. General Assembly and Security Council voting practices
assessment report (EC3847) [25JN]
------U.S. assistance and related programs for the independent
States of the former Soviet Union (EC2604) [29AP]
------upgrade of existing non-government television stations in
Bosnia and Herzegovina (EC3846) [25JN]
Dept. of the Air Force: cost comparison of services and personnel
activities (EC4460, EC4461, EC4462) [31JY] (EC4513) [2AU]
(EC5276) [24SE]
[[Page 3029]]
------nonappropriated fund retirement plan report (EC5097) [12SE]
------program acquisition unit cost report (EC5090) [12SE]
Dept. of the Army: Applegate Lake, OR, Corps of Engineers project
(EC3425) [5JN]
------Cape Girardeau-Jackson, MO, flood damage reduction
legislation (EC5083) [11SE]
------Chicago River, IL, flood damage reduction legislation
(EC3758) [20JN]
------competition for contracts (EC2027) [9FE]
------Corps of Engineers division restructuring plan (EC3513)
[10JN]
------Corps of Engineers report (EC4788) [4SE]
------danger zone restricted areas final rule (EC4848) [5SE]
------defense acquisition programs that have breached unit cost
(EC2214) [8MR]
------flood control project legislation (EC4744) [4SE]
------Humboldt Harbor, CA, Corps of Engineers report (EC3506)
[10JN]
------inland navigation project legislation (EC4743) [4SE]
------National Study of Water Management During Drought report
(EC2208) [7MR]
------notice of intent to award George C. Marshall Awards Seminar
contract (EC4561) [4SE]
------notice to interchange jurisdiction relative to civil works
and national forest lands (EC1996) [31JA]
------Poplar Island, MD, use of dredged material project
notification (EC5223) [19SE]
------Port Fourchon, LA, deep-draft navigation legislation
(EC5103) [12SE]
------San Juan Harbor, PR, deep-draft navigation legislation
(EC5084) [11SE]
------water resources development legislation (EC2464) [23AP]
(EC3966) [8JY]
------Wilmington, NC, deep-draft navigation legislation (EC5142)
[16SE]
Dept. of the Interior: acquisition regulations final rule (EC4098)
[11JY]
------administrative and audit requirements and cost principles
for assistance programs final rule (EC4306) [24JY]
------Alaska occupancy, use and homestead settlement final rule
(EC4983) [10SE]
------Alaska Peninsula/Becharof National Wildlife Refuge Complex
public use regulations final rule (EC3439) [6JN]
------American Discovery Trail report (EC4264) [22JY]
------American Indian Trust Fund Management Act final rule
(EC3137) [22MY]
------Australian saltwater crocodile final rule (EC3662) [17JN]
------Belle Fourche Irrigation District, Pick-Sloan Missouri Basin
Program, SD, contract amendment (EC2099) [23FE]
------bid acceptance final rule (EC3957) [8JY]
------Bradbury Dam, CA, modifications construction report (EC4305)
[24JY]
------Cape Lookout National Seashore airstrip closure final rule
(EC3594) [13JN]
------Colorado regulatory program final rule (EC3265) [23MY]
------Colorado River reservoirs operation report (EC3326) [4JN]
------conveyance of freehold and leasehold interest final rule
(EC3545) [12JN]
------designation of critical habitat for the marbled murrelet
final rule (EC3050) [16MY]
------determination relative to use of other than competitive
procedures to award contract (EC2828) [6MY]
------endangered and threatened wildlife and plants final rule
(EC3596) [13JN] (EC4520) [2AU] (EC5427) [3OC]
------Federal Managers' Financial Integrity Act report (EC2096)
[23FE]
------flaring or venting gas and burning liquid hydrocarbons final
rule (EC3048) [16MY]
------Glacier Bay National Park, AL, vessel management plan
regulations final rule (EC3327) [4JN]
------Great Bay National Wildlife Refuge hunting final rule
(EC3700) [18JN]
------Helium Program statistical and financial report (EC5249)
[23SE]
------Hopi Tribe abandoned mine land reclamation plan final rule
(EC3121) [21MY] (EC3159) [23MY]
------Illinois regulatory program final rule (EC3167) [23MY]
------impact of Compact of Free Association on U.S. territories,
commonwealths, and Hawaii report (EC5394) [30SE]
------importation, exportation, and transportation of wildlife
final rule (EC3595) [13JN]
------Indian country detention facilities and programs final rule
(EC3753) [20JN]
------Indian Self-Determination and Education Assistance Act final
rule (EC2606) [29AP] (EC3825) [25JN]
------Indiana regulatory program final rule (EC3121) [21MY]
(EC3156, EC3163) [23MY]
------Inspector General report (EC3312) [4JN]
------leases, permits, and easements final rule (EC3754) [20JN]
------leasing systems report (EC2297) [26MR] (EC4710, EC4711)
[4SE]
------management plan, environmental impact statement and record
of decision for City of Rocks National Reserve (EC2486) [24AP]
------migratory bird hunting and conservation stamp contest final
rule (EC3049) [16MY]
------Missouri regulatory program final rule (EC3160, EC3161)
[23MY]
------National Historic Landmarks damage report (EC2760) [2MY]
------National Park Service and National Park System regulations
final rule (EC4197) [18JY]
------natural gas and oil leases report (EC2247) [13MR]
------natural resources damage assessment final rule (EC2754)
[2MY]
------New Mexico regulatory program final rule (EC3164) [23MY]
------Ohio River Islands National Wildlife Refuge fishing final
rule (EC3701) [18JN]
------Oklahoma abandoned mine land reclamation plan final rule
(EC3162) [23MY]
------Outer Continental Shelf lease sales report (EC5339) [26SE]
------Outer Continental Shelf Natural Gas and Oil Leasing and
Production Program report (EC2039) [9FE]
------powerless flight final rule (EC3544) [12JN]
------Proposed 5-Year Outer Continental Shelf Leasing Program
report (EC4985) [10SE]
------public land subsistence management regulations final rule
(EC5038) [10SE]
------refund of excess royalty payments (EC1956) [23JA] (EC2021,
EC2022) [6FE] (EC2071) [20FE] (EC2098) [23FE] (EC2246) [13MR]
(EC2364, EC2365) [15AP] (EC2428) [19AP] (EC2761) [2MY]
(EC2888) [8MY] (EC4063) [10JY] (EC4096) [11JY] (EC4708,
EC4709) [4SE] (EC4976) [10SE] (EC5140) [16SE] (EC5402) [1OC]
------report (EC3539) [12JN]
------royalty management and delinquent account collection
activities report (EC4975) [10SE]
------royalty relief for producing leases and certain existing
leases in deep water final rule (EC3249) [30MY]
------San Sevaine Creek, CA, Water Project (EC3330, EC3331) [4JN]
------Smith River National Recreation Area final rule (EC2829)
[6MY]
------subsistence management regulations for public lands final
rule (EC4132) [12JY]
------surface mining reclamation and enforcement final rule
(EC4154, EC4155) [16JY] (EC4199, EC4200, EC4201, EC4202)
[18JY] (EC4477) [31JY] (EC4737, EC4738) [4SE] (EC4991, EC4992,
EC4993) [10SE] (EC5102) [12SE] (EC5477) [4OC]
------Texas regulatory program final rule (EC3121) [21MY] (EC3157)
[23MY] (EC3475) [10JN]
------tribal lands leasing for mineral development final rule
(EC3740) [19JN]
------Virginia regulatory program final rule (EC3166) [23MY]
------Youth Conservation Corps Program report (EC2974) [14MY]
Dept. of the Navy: defense acquisition program report (EC2410)
[17AP]
------determination relative to use of other than competitive
procedures to award contract (EC3688, EC3689) [18JN]
------donation of aircraft to the Naval Aviation Museum Foundation
(EC2012) [6FE]
------joint tactical unmanned aerial vehicle-hunter and standard
missile unit cost threshold report (EC2409) [17AP]
------naturalization through active duty and completion of
applications in the Philippines legislation (EC4103) [11JY]
------notice of intent to offer grant transfer (EC2435, EC2436)
[23AP]
------outsourcing report (EC2522) [25AP]
------proposed renewal of lease of vessels to the Republic of
China (EC2254) [18MR]
------sale of the U.S.S. Affray, U.S.S. Fortify, and U.S.S.
Exultant to the Republic of China (EC1944) [23JA]
------sale of the U.S.S. Beaufort and the U.S.S. Brunswick to the
Republic of Korea (EC1946) [23JA]
------sale of the U.S.S. Edenton to Spain (EC1943) [23JA]
------sale of the U.S.S. James M. Gillis to Mexico (EC1945) [23JA]
------transfer of vessels by sale (EC2339) [15AP]
Dept. of the Treasury: blocked persons and vessels final rule
(EC4638) [4SE]
------book-entry Treasury bills, notes, and bonds final rule
(EC5007) [10SE]
------bulletin (EC2142) [28FE] (EC3924) [27JN]
------cash management bill auction (EC2104) [23FE]
------civil service retirement and disability fund and FERS
operations and status report (EC4091) [11JY]
------Community Reinvestment Act regulations final rule (EC2801)
[6MY]
------Comptroller of the Currency enforcement actions report
(EC2652) [30AP]
------country of origin marking of certain imported articles and
containers of a NAFTA country legislation (EC3913) [27JN]
------delivery of checks and warrants to addresses outside the
U.S. final rule (EC4916) [10SE]
------Exchange Stabilization Fund report (EC5386) [30SE]
------Federal Managers' Financial Integrity Act report (EC3155)
[23MY]
------Federal process agents of surety companies final rule
(EC3414) [5JN]
------financial market risk reduction report (EC2544) [25AP]
------foreign assets control final rule (EC3899) [27JN] (EC4192,
EC4193) [18JY] (EC4639) [4SE]
------forfeiture fund report (EC3392) [5JN]
------Freedom of Information Act report (EC2259) [19MR]
------Government Securities Act regulations large position final
rule (EC5224) [19SE]
------Government securities broker report (EC5302) [25SE]
------information reporting and backup withholding final rule
(EC2955) [10MY]
------Inspector General report (EC2206) [7MR] (EC3739) [19JN]
------interest rate risk final rule (EC3811) [25JN]
------international banking activities final rule (EC2475) [24AP]
------IRS legislation (EC3608) [13JN]
------location of tobacco product vending machines (EC2289) [22MR]
------management of Federal agencies disbursements final rule
(EC4523) [2AU]
------management official interlocks final rule (EC4386) [26JY]
------marketable Treasury bills, notes, and bonds final rule
(EC4111) [11JY]
[[Page 3030]]
------material violations or suspected material violations of
regulations report (EC5303) [25SE]
------Mexican economic situation report (EC1909) [4JA] (EC2013)
[6FE] (EC2148) [4MR] (EC2317) [29MR] (EC2694) [1MY] (EC3300)
[4JN] (EC4079) [11JY] (EC4514) [2AU] (EC4908) [10SE] (EC5454)
[4OC]
------Mint's numismatice public enterprise fund report (EC4431)
[30JY]
------national banks consumer complaints report (EC2135) [27FE]
------revenue procedure final rule (EC2459) [23AP]
------savings bonds and notes collection procedures update final
rule (EC4204) [18JY]
------suspension of sanctions against the Bosnian Serbs final rule
(EC3045) [16MY]
------suspension of U.S.-Canada free-trade agreements implementing
regulations final rule (EC2690) [30AP]
------Treasury Bulletin report (EC4530) [2AU]
------U.S. contribution to the replenishment of the Enhanced
Structural Adjustment Facility of the IMF legislation (EC2905)
[9MY]
------U.S. contribution to the replenishment of the African
Development Bank legislation (EC2904) [9MY]
------U.S. contribution to the replenishment of the International
Development Association legislation (EC2906) [9MY]
------U.S. participation in the Bank for Economic Cooperation and
Development in the Middle East and North Africa legislation
(EC2958) [10MY]
------Uniform Rules of Practice and Procedure report (EC2438)
[23AP]
Dept. of Transportation: adoption of industry standards final rule
(EC3066) [16MY]
------advanced notice of arrivals, departures, and certain
dangerous cargoes final rule (EC5271) [23SE]
------advanced simulation plan revisions final rule (EC3678)
[17JN]
------Aerospatiale airworthiness directives final rule (EC2791)
[2MY]
------Airbus Industries airworthiness directives final rule
(EC2504) [24AP] (EC2681) [30AP] (EC2732) [1MY] (EC3057) [16MY]
(EC3216, EC3221) [29MY] (EC3505) [10JN] (EC3557) [12JN]
(EC4029) [9JY] (EC4445, EC4448) [30JY] (EC4770) [4SE] (EC4850,
EC4877) [5SE] (EC4884, EC4885) [5SE] (EC5143) [16SE] (EC5438)
[3OC]
------aircraft engines new one-engine-inoperative ratings,
definitions, and type certification standards final rule
(EC3676) [17JN]
------Airport Improvement Program financing report (EC2307) [27MR]
------airport rates and charges final rule (EC3797) [24JN]
------airspace final rule (EC3017, EC3018, EC3019) [14MY] (EC3255)
[30MY] (EC3256) [30MY] (EC3600) [13JN] (EC3675) [17JN]
(EC3780, EC3781, EC3782, EC3783, EC3784, EC3785) [24JN]
(EC3786, EC3787, EC3788, EC3789) [24JN] (EC3835) [25JN]
(EC3837) [25JN] (EC3974, EC3975, EC3976) [8JY] (EC4009,
EC4013, EC4014) [9JY] (EC4106, EC4107, EC4108) [11JY] (EC4449)
[30JY] (EC4481, EC4482, EC4483, EC4484) [31JY] (EC4499,
EC4500) [1AU] (EC4746, EC4749, EC4750, EC4751, EC4752, EC4753,
EC4754, EC4755) [4SE] (EC4764, EC4765, EC4766, EC4774, EC4777,
EC4778, EC4779, EC4783, EC4784) [4SE] (EC4869, EC4870, EC4871)
[5SE] (EC5052) [10SE] (EC5146, EC5147, EC5148) [16SE] (EC5171,
EC5173) [17SE] (EC5256, EC5257, EC5258, EC5259, EC5260,
EC5261) [23SE]
------airworthiness directives final rule (EC3836, EC3838) [25JN]
(EC4501) [1AU]
------Albany, NY, Empire State Regatta safety zone regulations
final rule (EC3273) [30MY]
------Alliance, Salem, and Youngstown, OH, airspace final rule
(EC2767) [2MY]
------AlliedSignal, Inc., airworthiness directives final rule
(EC2926) [9MY] (EC3604) [13JN] (EC3800) [24JN] (EC4773) [4SE]
(EC5144) [16SE]
------Allison airworthiness directives final rule (EC5145) [16SE]
------alteration of V-268 final rule (EC3793) [24JN]
------alternative fuel vehicles manufacturing incentives final
rule (EC2546) [29AP]
------American Champion Aircraft Corp., airworthiness directives
final rule (EC4873) [5SE] (EC5176) [17SE]
------Anchorage, AK, airspace final rule (EC2680) [30AP]
------Anoka, MN, airspace final rule (EC3549) [12JN]
------Anti-Deficiency Act violation (EC4294) [24JY] (EC4900)
[10SE]
------appropriations legislation (EC2437) [23AP]
------approval, exemption, registration, and reporting procedures
final rule (EC5344) [26SE]
------Artesia, NM, airspace final rule (EC3480) [10JN]
------Ashley River, Charleston, SC, anchorage areas final rule
(EC4759) [4SE]
------Atlantic Intracoastal Waterway, FL, drawbridge operation
regulations final rule (EC3556) [12JN]
------Atlantic Intracoastal Waterway, NC, drawbridge operation
regulations final rule (EC3706) [18JN]
------Auburn, CA, airspace final rule (EC2612) [29AP]
------audits of State and local governments final rule (EC2917)
[9MY]
------Augusta, GA, special local regulations final rule (EC2496)
[24AP] (EC3418) [5JN]
------Automotive Fuel Economy Program report (EC2347) [15AP]
------Aviat Aircraft, Inc., airworthiness directives final rule
(EC2769) [2MY] (EC3061) [16MY] (EC3499) [10JN] (EC4027) [9JY]
------aviation economic regulations updates and corrections final
rule (EC3669) [17JN]
------aviation economic rules final rule (EC2458) [23AP]
------Baker, MT, airspace final rule (EC3598) [13JN]
------Beaufort, SC, water festival special local regulations final
rule (EC3419) [5JN]
------Beech Aircraft Corp., airworthiness directives final rule
(EC2787) [2MY] (EC3264) [30MY] (EC3355) [4JN] (EC3558, EC3559)
[12JN] (EC4767, EC4768) [4SE] (EC4851) [5SE] (EC4883) [5SE]
------Belen, NM, airspace final rule (EC3344) [4JN]
------Bell Helicopter Textron, Inc., airworthiness directives
final rule (EC2507) [24AP] (EC3012) [14MY] (EC4865, EC4866,
EC4867, EC4874) [5SE]
------Bellanca, Inc. airworthiness directives final rule (EC4882)
[5SE]
------Bigfork, MN, airspace final rule (EC2855) [7MY]
------Boeing airworthiness directives final rule (EC2508, EC2515)
[24AP] (EC2628) [29AP] (EC2927) [9MY] (EC3011) [14MY] (EC3217)
[29MY] (EC4019, EC4025, EC4030, EC4031) [9JY] (EC4447) [30JY]
(EC4479) [31JY] (EC4780, EC4781, EC4782) [4SE] (EC4855) [5SE]
(EC5174) [17SE] (EC5254) [23SE] (EC5436) [3OC]
------Bombardier airworthiness directives final rule (EC5269)
[23SE]
------Boone, IA, airspace final rule (EC3550) [12JN]
------Boston, MA, harbor regulated navigation area final rule
(EC3207) [29MY]
------Brackedtt Aircraft Co., airworthiness directives final rule
(EC2683) [30AP]
------British Aerospace airworthiness directives final rule
(EC2790) [2MY] (EC4480) [31JY]
------Brownfield, TX, airspace final rule (EC3340) [4JN]
------bulk cargo vessels operating-differential subsidy final rule
(EC3870) [27JN]
------Burkhart Grob Luft-und Raumfahrt airworthiness directives
final rule (EC5264) [23SE]
------Camp Guernsey, WY, airspace final rule (EC2931) [9MY]
------Camp Lejune, NC, Atlantic Intracoastal Waterway safety zone
final rule (EC2624) [29AP]
------Canadair airworthiness directives final rule (EC3500) [10JN]
------capital leases final rule (EC3063) [16MY]
------cargo preference--available U.S.-flag commercial vessels
final rule (EC3039) [16MY]
------Carlsbad, NM, airspace final rule (EC3343) [4JN]
------Cessna Aircraft Co., airworthiness directives final rule
(EC2502) [24AP] (EC2762) [2MY] (EC3565) [12JN] (EC3677) [17JN]
------change in using agency of restricted areas final rule
(EC3795) [24JN]
------Charleston, SC, boating safety parade special local
regulation final rule (EC2919) [9MY]
------Chesapeake Bay, Hampton Roads, Elizabeth River, Norfolk, VA,
safety zone final rule (EC3555) [12JN]
------child restraint systems final rule (EC3335) [4JN] (EC3693)
[18JN]
------civil penalties for FAA security violations enforcement
procedures final rule (EC4862) [5SE]
------Civil Tiltroter Development Advisory Committee report
(EC5064) [10SE]
------Clerksville, VA, airspace final rule (EC2630) [29AP]
------Coast Guard Base, Miami, FL, security zone regulations final
rule (EC3487) [10JN]
------Coast Guard Board for Correction of Military Records
procedural regulation final rule (EC2965) [14MY]
------Coast Guard enforced penalty provisions appendix removal
final rule (EC2620) [29AP]
------commercial driver's license program and controlled
substances and alcohol use and testing final rule (EC2642)
[29AP]
------commercial feasibility of high-speed ground transportation
report (EC5002) [10SE]
------Constructiones Aeronautics airworthiness directives final
rule (EC2499) [24AP] (EC2780) [2MY]
------COTP Los Angeles-Long Beach, CA, final rule (EC2778) [2MY]
------de Havilland airworthiness directives final rule (EC2768,
EC2783, EC2784) [2MY] (EC3220) [29MY] (EC3977) [8JY] (EC5053)
[10SE] (EC5179) [17SE] (EC5437) [3OC]
------Delaware Bay, Delaware River, and Salem River, NJ, safety
zone regulations final rule (EC3271) [30MY]
------Deming, NM, airspace final rule (EC3342) [4JN]
------Diamond Aircraft Industries, Inc., airplanes airworthiness
directives final rule (EC2682) [30AP]
------docket revised filing procedures final rule (EC3666) [17JN]
------domestic, flag, supplemental, commuter, and on-demand
operations operating requirements final rule (EC3597) [13JN]
------Dornier airworthiness directives final rule (EC2510) [24AP]
(EC2788) [2MY] (EC2793) [2MY] (EC3560, EC3564) [12JN] (EC3907)
[27JN]
------Dumas, TX, airspace final rule (EC3339) [4JN]
------Ebey Slough, WA, drawbridge operation regulations final rule
(EC4505) [1AU]
------Effectiveness of Occupant Protection Systems and Their Use
report (EC2054) [13FE]
------elderly and persons with disabilities final rule (EC2774)
[2MY]
------electric engineering requirements for Coast Guard merchant
vessels final rule (EC3277) [30MY]
------Electronic Filing of International Air Passenger Service
Rules final rule (EC2452) [23AP]
------Elizabeth and York Rivers, VA, safety zone final rule
(EC2491) [24AP] (EC2625) [29AP]
------Elkins, WV, airspace final rule (EC2614) [29AP]
------Ellicott Bay, WA, National Maritime Week Tugboat Races final
rule (EC2626) [29AP]
------emergency notice of enforcement policy final rule (EC3257)
[30MY]
------Empresa Brasileira de Aeronautica airworthiness directives
final rule (EC2781, EC2782) [2MY]
------equal employment opportunity on Federal and Federal-aid
construction contracts final rule (EC2512) [24AP]
------establishment of Federal colored airway final rule (EC3599)
[13JN]
[[Page 3031]]
------Eurocopter Deutschland airworthiness directives final rule
(EC2511) [24AP]
------exemption, approval, registration, and reporting procedures
final rule (EC2933) [9MY]
------exemptions from Federal motor carrier safety regulations
final rule (EC2644) [29AP]
------FAA appropriations legislation (EC2957) [10MY]
------FAA continued rotation and rotor locking tests and vibration
final rule (EC3334) [4JN]
------FAA legislation (EC2278) [20MR]
------FAA restricted area designation final rule (EC4018) [9JY]
------Fairchild airworthiness directives final rule (EC2786) [2MY]
(EC4410) [26JY] (EC5149) [16SE] (EC5441) [3OC]
------Federal Managers' Financial Integrity Act report (EC1902)
[3JA]
------Federal motor vehicle safety standards final rule (EC3232,
EC3276) [30MY] (EC3379) [5JN]
------Federal Railroad Administration hours of service final rule
(EC3486) [10JN]
------Federal-aid project authorization final rule (EC4024) [9JY]
(EC4169) [17JY]
------final rules (EC3204) [29MY]
------financial obligations relative to construction,
reconstruction, or reconditioning of eligible export vessels
report (EC2403) [16AP]
------Fire Island, NY, lighthouse fireworks display safety zone
final rule (EC2918) [9MY]
------first and fifth district boundaries, marine inspections, and
port zone boundaries final rule (EC2619) [29AP]
------flight simulator use final rule (EC4026) [9JY]
------Flight Trails Helicopters, Inc., airworthiness directives
final rule (EC2506) [24AP]
------Flugtechnik airworthiness directives final rule (EC2770)
[2MY] (EC3803) [24JN]
------Fokker airworthiness directives final rule (EC2497, EC2498)
[24AP] (EC2785) [2MY] (EC3354) [4JN] (EC3561, EC3566) [12JN]
(EC3798, EC3799) [24JN] (EC4757) [4SE] (EC3908) [27JN]
(EC4023, EC4028) [9JY] (EC4446) [30JY] (EC5265, EC5266,
EC5267) [23SE] (EC5439) [3OC]
------Fort Devens, MA, change in using agency for certain
restricted areas final rule (EC2856) [7MY]
------Fort Myers Beach, FL, special local regulations final rule
(EC3417) [5JN]
------Fort Rucker, AL, restricted area subdivision final rule
(EC3674) [17JN]
------Freedom of Information Act report (EC2233) [12MR]
------Gainesville, TX, airspace final rule (EC3351) [4JN]
------Galliano, LA, airspace final rule (EC3346) [4JN]
------gas pipeline safety standards final rule (EC3707) [18JN]
------Gates Learjet airworthiness directives final rule (EC5175)
[17SE]
------General Electric, Co., airworthiness directives final rule
(EC4776) [4SE]
------general material requirements warranty clauses final rule
(EC2516) [24AP]
------general rulemaking procedures miscellaneous amendments final
rule (EC2641) [29AP]
------Georgetown, SC, Sampit River harborwalk boat race special
local regulations final rule (EC3490) [10JN]
------Georgia special anchorage areas final rule (EC2621) [29AP]
------grade crossing signal system final rule (EC3796) [24JN]
------Great Lakes load line certificate extension final rule
(EC4184) [17JY]
------Great Lakes pilotage methodology final rule (EC2916) [9MY]
------Greenwood Lake, NJ, powerboat race safety zone final rule
(EC3024) [14MY]
------Guthrie, TX, airspace final rule (EC3482) [10JN]
------Guymon, OK, airspace final rule (EC3479) [10JN]
------Hamilton propellers standard models final rule
------Hamilton Standard airworthiness directives final rule
(EC2500) [24AP] (EC2639) [29AP] (EC4758) [4SE]
------Hartzell Propeller, Inc., airworthiness directives final
rule (EC4786) [4SE] (EC5255) [23SE]
------hazardous material elimination regulations final rule
(EC2733) [1MY]
------hazardous materials transportation regulations final rule
(EC4760) [4SE] (EC5343, EC5347) [26SE]
------Hellenikon International Airport, Athens, Greece report
(EC2310) [27MR]
------Hettinger, ND, airspace final rule (EC2635) [29AP]
------high altitude operation of subsonic transport airplanes
final rule (EC3495) [10JN]
------high-theft vehicle lines final rule (EC2547) [29AP]
------highway design standards final rule (EC2517) [24AP]
------highway discretionary funds regulations final rule (EC4886)
[5SE]
------Highway Safety Program standards final rule (EC3552) [12JN]
(EC5032) [10SE]
------highway traffic and construction noise abatement final rule
(EC5031) [10SE]
------Hobbs, NM, airspace final rule (EC3341) [4JN]
------Hollister, CA, air space final rule (EC2950) [10MY]
------Hondo, TX, airspace final rule (EC3352) [4JN]
------I.A.M. Rinaldo Piaggio, Inc., emergency exit door
airworthiness directives final rule (EC2772) [2MY]
------ICC report (EC2915) [9MY]
------IFR altitudes final rule (EC2616, EC2631) [29AP], (EC3336)
[4JN] (EC4485) [31JY] (EC4745) [4SE] (EC5262) [23SE]
------implementation plan final rule (EC5304) [25SE]
------incentive grant criteria for alcohol traffic safety programs
final rule (EC2684) [30AP]
------Industrie Aeronautiche airworthiness directives final rule
(EC5178) [17SE]
------Inspector General report (EC2120) [27FE] (EC2140) [28FE]
(EC4284) [23JY]
------Intelligent Transportation Systems Program report (EC2209)
[7MR]
------interlocking relationships between an air carrier and a
person controlling another air carrier final rule (EC3667)
[17JN]
------International Atomic Energy Agency hazardous materials
transportation regulations final rule (EC2923) [9MY]
------Israel Aircraft Industries airworthiness directives final
rule (EC3263) [30MY]
------Jackson, CA, airspace final rule (EC2766) [2MY]
------jet route final rule (EC4011, EC4020) [9JY] (EC4105) [11JY]
------Jetstream airworthiness directives final rule (EC2503)
[24AP] (EC2764, EC2789, EC2792) [2MY] (EC3013) [14MY] (EC3213,
EC3214) [29MY] (EC3504) [10JN] (EC4775, EC3802) [24JN]
(EC3905, EC3906) [27JN] (EC4775) [4SE] (EC4853) [5SE] (EC5181)
[17SE] (EC5435, EC5440) [3OC]
------John Day, OR, airspace final rule (EC2930) [9MY]
------John F. Kennedy (vessel) Fleet Week safety zone final rule
(EC3022) [14MY]
------Jonesport, ME, world's fastest lobster boat race special
local regulation final rule (EC2921) [9MY]
------K.I. Sawyer AFB, MI, removal of class D airspace final rule
(EC3259) [30MY]
------Kennewick, WA, Columbia Unlimited Hydroplane Races local
regulations final rule (EC2777) [2MY]
------Key West, FL, super boat race special local regulation final
rule (EC2922) [9MY]
------laboratory certification requirements final rule (EC4487)
[31JY]
------Lake Erie safety zone final rule (EC3488) [10JN]
------Lake Winnebago, MO, airspace final rule (EC2610) [29AP]
------Lake Worth, FL, special local regulations final rule
(EC2495) [24AP]
------Las Vegas, NM, airspace final rule (EC3338) [4JN]
------Las Vegas, NV, airspace final rule (EC3601) [13JN]
------Learjet Aircraft airworthiness directives final rule
(EC3219) [29MY] (EC4872) [5SE]
------lifesaving equipment final rule (EC2934) [9MY]
------light truck average fuel economy standard final rule
(EC2548) [29AP]
------Little Potato Slough drawbridge operation final rule
(EC2492) [24AP]
------Livingston, TX, airspace final rule (EC3348) [4JN]
------load line certificate final rule (EC4021) [9JY]
------Lockheed Corp., airworthiness directives final rule (EC2514)
[24AP] (EC3562) [12JN] (EC3602) [13JN] (EC4852) [5SE]
------Long Beach Harbor, CA, safety zone final rule (EC3065)
[16MY]
------Louisiana special anchorage areas final rule (EC2622) [29AP]
------Lower Grand River, LA, drawbridge operation final rule
(EC5169) [17SE]
------maintenance and preventive maintenance revisions final rule
(EC2765) [2MY]
------management report (EC4970) [10SE]
------Manchester Harbor, MA, drawbridge operation regulations
final rule (EC2727) [1MY]
------manned free balloon burner testing airworthiness standards
final rule (EC2636) [29AP]
------Maritime Administration report (EC2748) [2MY]
------maritime terrorism report (EC3683) [17JN]
------Marshall, TX, airspace final rule (EC3347) [4JN]
------Maule Aerospace Technologies, Inc. airworthiness directives
final rule (EC2859) [7MY]
------McDonnell Douglas airworthiness directives final rule
(EC2501, EC2505) [24AP] (EC2932) [9MY] (EC3014, EC3015) [14MY]
(EC3058, EC3059, EC3060) [16MY] (EC3218) [29MY] (EC3265,
EC3266) [30MY] (EC3356) [4JN] (EC3496, EC3498, EC3501) [10JN]
(EC3801) [24JN] (EC4015, EC4017) [9JY] (EC4443, EC4444) [30JY]
(EC4771, EC4772) [4SE] (EC4878) [5SE] (EC5182) [17SE]
------Medals of Honor final rule (EC2453) [23AP]
------Mena, AR, airspace final rule (EC3345) [4JN]
------metric conversion of national standards for traffic control
devices final rule (EC3492) [10JN]
------Miami Beach, FL, Super Boat Race special local regulations
final rule (EC3272) [30MY]
------Midlothian-Waxahaclie, TX, airspace final rule (EC3349)
[4JN]
------Missouri airspace final rules (EC3494) [10JN]
------modernization of examination methods final rule (EC5030)
[10SE]
------Mooney Aircraft Corp. airworthiness directives final rule
(EC2638) [29AP]
------motor carrier safety regulations final rule (EC5003) [10SE]
------motor vehicle air brake systems final rule (EC4489) [31JY]
------motor vehicle brake hoses final rule (EC4596) [4SE]
------motor vehicle compressed natural gas fuel containers final
rule (EC2728) [1MY]
------motor vehicle content labeling final rule (EC4887) [5SE]
------motor vehicle door locks and retention components final rule
(EC4451) [30JY]
------motor vehicle fuel system integrity final rule (EC2730)
[1MY]
------motor vehicle glazing materials final rule (EC4595) [4SE]
------motor vehicle hydraulic brake systems final rule (EC2731)
[1MY]
------motor vehicle lamps and reflective devices final rule
(EC4597) [4SE] (EC4861) [5SE] (EC5156) [17SE]
------motor vehicle replacement light safety standards final rule
(EC2699) [1MY]
[[Page 3032]]
------motor vehicle safety standards final rule (EC5049) [10SE]
------motor vehicle seatbelt assemblies and child restraint
systems safety standards final rule (EC2698) [1MY] (EC2845)
[7MY]
------motor vehicle wheel nuts, wheel discs, and hub caps final
rule (EC2755) [2MY]
------Nacote Creek, NJ, drawbridge operation regulations final
rule (EC3671) [17JN]
------Narragansett, RI, Swim the Bay special local regulation
final rule (EC3209) [29MY]
------National Capital Airports final rule (EC2776) [2MY]
------National Highway Traffic Safety Administration legislation
(EC4521) [2AU]
------national security information final rule (EC2454) [23AP]
------New England region airspace final rule (EC3205) [29MY]
------New London, CT, Harvard-Yale regatta special local
regulations final rule (EC2924) [9MY]
------New Piper Aircraft, Inc., airworthiness directives final
rule (EC2773) [2MY] (EC3055, EC3056, EC3062) [16MY] (EC3215)
[29MY]
------noncomplying motor vehicles improvement report (EC4214)
[18JY]
------North Kingston, RI, quonset open house special local
regulation final rule (EC3064) [16MY], (EC3210) [29MY]
------NTSB recommendations report (EC3054) [16MY]
------obligation guarantees program administration final rule
(EC2869) [8MY]
------Offutt AFB, NE, airspace final rule (EC3260) [30MY]
------Ohio River safety zone final rule (EC3489) [10JN]
------oil spill prevention and response plans final rule (EC3708)
[18JN] (EC4324) [25JY]
------oil tanker routing evaluation (EC2298) [26MR]
------passenger vessels and terminals security final rule (EC4160)
[16JY]
------payment of attorneys fees final rule (EC3665) [17JN]
------performance-oriented packaging standards final rule (EC5342)
[26SE]
------periodic inspection and testing of cylinders final rule
(EC3274) [30MY] (EC5345) [26SE]
------petitions for rulemaking final rule (EC3672) [17JN]
------petroleum and special programs administration final rule
(EC3211) [29MY]
------Piaggio airworthiness directives final rule (EC5054) [10SE]
------Pilatus Britten-Norman Ltd., airworthiness directives final
rule (EC4868) [5SE]
------pipeline safety program procedures final rule (EC2729)
[1MY], (EC3268) [30MY], (EC3491) [10JN]
------pipeline safety rulemaking procedures final rule (EC5405)
[1OC]
------Piper Aircraft, Inc., airworthiness directives final rule
(EC3503) [10JN] (EC4756) [4SE]
------policies relative to accounts and reports final rule
(EC3668) [17JN]
------policies relative to rulemaking proceedings final rule
(EC3493) [10JN]
------Port of Miami high-level bridge demonstration project report
(EC2102) [23FE]
------Port of New York and New Jersey Fleet Week Parade of Ships
safety zone final rule (EC3023) [14MY]
------Pratt & Whitney airworthiness directives final rule (EC4109)
[11JY] (EC4266) [22JY] (EC4408) [26JY] (EC4863) [5SE] (EC5177)
[17SE] (EC5442) [3OC]
------procedures for changes in helicoper type design to attach or
remove external equipment final rule (EC2858) [7MY]
------products used for airport pavement maintenance and
rehabilitation report (EC3170) [23MY]
------prohibition against certain flights within the territory and
airspace of Afghanistan final rule (EC3016) [14MY]
------protective breathing equipment final rule (EC4849) [5SE]
------Public Transit Program operating assistance grants and
capital adjustments legislation (EC4529) [2AU]
------qualification of drivers relative to vision and diabetes
final rule (EC2643) [29AP]
------railroad accident reporting final rule (EC3673) [17JN]
------Raytheon Aircraft Co., airworthiness directives final rule
(EC4769) [4SE]
------rebuilt vessel determinations final rule (EC2494) [24AP]
------Red River, LA, drawbridge operation regulations final rule
(EC4507) [1AU]
------Redwood National Park bypass demonstration project report
(EC3833) [25JN]
------regattas and marine parades interim rule (EC3834) [25JN]
------regulated navigation area final rule (EC4326, EC4327) [25JY]
(EC4504) [1AU]
------regulatory reform legislation (EC2376) [15AP]
------release of internal CAB staff meeting memorandums final rule
(EC2457) [23AP]
------Remote Alcohol Testing Program for Pilots report (EC2368)
[15AP]
------reorganization of Coast Guard areas and districts, and
marine inspection and captain of the port zones final rule
(EC3670) [17JN]
------Research and Special Programs Administration final rule
(EC4271, EC4272, EC4273, EC4274) [22JY]
------Reserve, LA, airspace final rule (EC3350) [4JN]
------restructuring of cylinder specifications requirements final
rule (EC3212) [29MY]
------revision of miscellaneous hazardous materials regulations
final rule (EC3275) [30MY]
------revision of State Participation Program final rule (EC3270)
[30MY]
------revision to special local regulation final rule (EC3208)
[29MY]
------Rice Lake, WI, airspace final rule (EC2613) [29AP]
------Richlands, VA, airspace final rule (EC2857) [7MY]
------Right-of-Way Program administration removal of obsolete and
redundant regulations final rule (EC2609) [29AP]
------Robinson Helicopter Co., airworthiness directives final rule
(EC2771) [2MY] (EC3261, EC3262) [30MY]
------Rolls-Royce airworthiness directives final rule (EC3605)
[13JN] (EC4265) [22JY]
------rotorcraft regulatory changes based on European joint
aviation requirements final report (EC2929) [9MY]
------rules of procedure for invoking sanctions under the Highway
Safety Act final rule (EC3553) [12JN]
------Saab airworthiness directives final rule (EC4876) [5SE]
(EC2629, EC2634) [29AP] (EC2779) [2MY] (EC3267) [30MY]
(EC4854) [5SE] (EC5180) [17SE]
------safety belts and motorcycle helmets benefits report (EC2136)
[27FE]
------safety equipment for towing vessels final rule (EC3967)
[8JY]
------safety zone final rule (EC4328) [25JY] (EC4343, EC4344,
EC4345, EC4346, EC4347, EC4348, EC4349, EC4350, EC4351,
EC4352, EC4353, EC4354, EC4360, EC4361, EC4362, EC4363) [25JY]
(EC4365, EC4367, EC4368, EC4369, EC4370, EC4371, EC4372,
EC4373, EC4374, EC4375, EC4376, EC4377, EC4378, EC4379,
EC4380, EC4381, EC4382) [25JY] (EC4488) [31JY] (EC4508) [1AU]
(EC5051) [10SE] (EC5404) [1OC]
------Saginaw River, MI, drawbridge operation regulations final
rule (EC2920) [9MY] (EC4502) [1AU]
------San Francisco Bay, CA, safety zone final rule (EC3554)
[12JN]
------San Leondro Bay drawbridge operation final rule (EC2493)
[24AP]
------Santa Fe, NM, airspace final rule (EC3353) [4JN]
------Savannah, GA, safety/security zone regulations final rule
(EC2608) [29AP]
------seaway regulations and rules amendments final rule (EC2775)
[2MY]
------security zone final rule (EC4159) [16JY] (EC4355, EC4356,
EC4357, EC4358, EC4359, EC4364) [25JY] (EC4366) [25JY]
------Sensenich Propeller Manufacturing Co., airworthiness
directives final rule (EC2925) [9MY]
------Seymour, TX, airspace final rule (EC3478) [10JN]
------Short Brothers airworthiness directives final rule (EC2763)
[2MY]
------signal and train control final rule (EC4110) [11JY]
------Sikorsky Aircraft airworthiness directives final rule
(EC4267) [22JY]
------Snohomish River, WA, drawbridge operation regulations final
rule (EC4506) [1AU]
------SOCATA Groupe AERO-SPATIALE TBM airworthiness directives
final rule (EC5263) [23SE]
------Societe Nationale Industrielle Aerospatiale and Eurocopter
France helicopters airworthiness directives (EC2633) [29AP]
------Soncra, TX, airspace final rule (EC3483) [10JN]
------South Carolina special anchorage areas final rule (EC2621)
[29AP]
------special local regulations final rule (EC3777, EC3778,
EC3779) [24JN] (EC3969, EC3970, EC3971, EC3972, EC3973) [8JY]
(EC4158) [16JY] (EC4329, EC4330, EC4331, EC4332, EC4333)
[25JY] (EC4334, EC4335, EC4336, EC4337, EC4338, EC4339,
EC4340, EC4341, EC4342) [25JY] (EC4503) [1AU] (EC4598, EC4599)
[4SE] (EC4856) [5SE] (EC4857, EC4858, EC4859) [5SE] (EC5029,
EC5050) [10SE]
------special use airspace technical amendment final rule (EC3258)
[30MY]
------St. Lawrence Seaway legislation (EC4279) [22JY]
------stability and control of vehicles final rule (EC5170) [17SE]
(EC5270) [23SE]
------staff assignments and review of actions final rule (EC2456)
[23AP]
------standard instrument approach procedures final rule (EC2509,
EC2513, EC2518) [24AP] (EC2617, EC2637, EC2640) [29AP]
(EC2678, EC2679) [30AP] (EC3198, EC3199, EC3200, EC3201,
EC3202, EC3203) [29MY] (EC3484, EC3485) [10JN] (EC3790,
EC3791, EC3792) [24JN] (EC4010, EC4012, EC4016) [9JY] (EC4747,
EC4748, EC4761, EC4762, EC4763) [4SE] (EC4879, EC4880, EC4881)
[5SE] (EC5172) [17SE] (EC5346) [26SE]
------State infrastructure bank improvement legislation (EC3093)
[20MY]
------statistics report (EC5484) [4OC]
------Stevensville, MD, airspace final rule (EC2611) [29AP]
------subdivision of restricted areas final rule (EC3794) [24JN]
------substance abuse professional definition final rule (EC4486)
[31JY]
------Tallulah, LA, airspace final rule (EC3337) [4JN]
------tanker inspection standards report (EC3010) [14MY]
------tanker navigation equipment, systems, and procedures report
(EC2369) [15AP]
------tanker navigation safety standards, crew qualifications and
training report (EC2280) [21MR]
------tanker navigation safety standards and size/capacity trend
analysis reports (EC2130) [27FE]
------tanker navigation safety standards report (EC2890) [8MY]
(EC5001, EC5048) [10SE]
------tanker simulator training report (EC2281) [21MR]
------technical amendment to transportation of hazardous materials
regulations final rule (EC2854) [7MY]
------technical and conforming amendments and organizational and
editorial changes final rule (EC3968) [8JY], (EC5406) [1OC]
[[Page 3033]]
------Teledyne Continental Motors airworthiness directives final
rule (EC3603, EC3605) [13JN] (EC4785) [4SE]
------temporary prohibition of oxygen generators as cargo in
passenger aircraft final rule (EC3206) [29MY]
------Textron Lycoming airworthiness directives final rule
(EC3497) [10JN] (EC3563) [12JN] (EC4864) [5SE]
------tire standards final rule (EC5028) [10SE]
------tourist railroads regulatory actions report (EC4742) [4SE]
------training and qualification requirements check for airmen and
flight instructors final rule (EC3679) [17JN]
------transition to quieter airplanes progress report (EC5380)
[28SE]
------transport category rotorcraft perfomance airworthiness
directives final rule (EC2928) [9MY]
------transportation for individuals with disabilities final rule
(EC3020) [14MY] (EC3269) [30MY]
------transportation of hazardous materials by rail final rule
(EC3416) [5JN]
------Twin Commander Aircraft Corp., airworthiness directives
final rule (EC3502) [10JN]
------U.S. public ports status report (EC5409) [2OC] (EC5434)
[3OC]
------Upper New York Bay National Ethnic Coalition of
Organizations fireworks final rule (EC3021) [14MY]
------use of official seal final rule (EC2455) [23AP]
------use of safety belts and motorcycle helmets final rule
(EC3551) [12JN]
------Vancouver, WA, airspace final rule (EC2632) [29AP]
------Vancouver, WA, Fourth of July fireworks display safety zone
regulations final rule (EC2618) [29AP]
------vehicle identification number requirements final rule
(EC3380) [5JN]
------vehicle safety standards final rule (EC4022) [9JY] (EC4146)
[16JY] (EC4183) [17JY]
------vessel traffic service area final rule (EC4860) [5SE]
------Victoria, TX, airspace final rule (EC3481) [10JN]
------Weatherly Aviation Co., Inc., airworthiness directives final
rule (EC5268) [23SE]
------West Point, VA, Pamunkey River drawbridge operations final
rule (EC2627) [29AP]
------Wilmington, NC, Smith Creek safety zone final rule (EC2623)
[29AP]
------workplace drug and alcohol testing final rule (EC4325)
[25JY]
------Yakima Firing Center, WV, reconfiguration of restricted area
final rule (EC2615) [29AP]
Dept. of Veterans Affairs: acquisition regulations final rule
(EC2863) [7MY] (EC5486) [4OC]
------active duty educational assistance program report (EC2432)
[19AP]
------appeals regulations, rules of practice final rule (EC4789)
[4SE]
------autopsies final rule (EC3508) [10JN]
------benefits for children of Vietnam veterans with spina bifida
legislation (EC4426) [29JY]
------compensation for disability resulting from hospitalization,
treatment, examination, or vocational rehabilitation final
rule (EC3141) [22MY]
------delegation of authority final rule (EC2834) [6MY] (EC3280)
[30MY]
------educational assistance technical amendments final rule
(EC2902) [9MY]
------educational assistance for members of the selected reserve
final rule (EC3432, EC3433) [6JN]
------educational assistance programs and Service Members
Occupational Conversion and Training Program final rule
(EC3607) [13JN]
------elimination of unnecessary provisions relating to
representation, witnesses, and access to records final rule
(EC3420) [5JN]
------employment reduction assistance legislation (EC5330) [25SE]
------equitable relief report (EC2372) [15AP]
------exemption of medical personnel from restrictions on
remunerated outside professional activities legislation
(EC2132) [27FE]
------Federal Managers' Financial Integrity Act report (EC2420)
[18AP]
------fibromyalgia in schedule for rating disabilities final rule
(EC2860) [7MY]
------gender policy for publications and other communications
final rule (EC3281) [30MY]
------Government life insurance final rule (EC3446) [7JN]
------Health Resources Sharing and Emergency Operations Act report
(EC2105) [23FE]
------health status of spouses and children of Persian Gulf
Conflict veterans report (EC2404) [16AP]
------information law final rule (EC3568) [12JN]
------Inspector General report (EC3400) [5JN]
------inventions by employees final rule (EC3681) [17JN]
------investigation regulations final rule (EC3567) [12JN]
------life insurance final rule (EC3841) [25JN]
------loan guaranty final rule (EC3358) [4JN]
------Loan Guaranty Program and Vocational Rehabilitation and
Counseling Program acquisition regulations final rule (EC2833)
[6MY]
------medical nonsubstantive miscellaneous changes final report
(EC2936) [9MY]
------Medicare reimbursement for health-care services legislation
(EC4808) [4SE]
------miscellaneous adjudication regulations final rule (EC2891)
[8MY]
------mortgage life insurance final rule (EC3421) [5JN]
------national cemeteries final rule (EC3279) [30MY]
------national cemetery system legislation (EC3909) [27JN]
------operation of golf courses on real property legislation
(EC3842) [25JN]
------Part-Time Career Employment Program final rule (EC4411)
[26JY]
------post-Vietnam era veterans educational assistance final rule
(EC3507) [10JN]
------reestablishng rulemaking procedures final rule (EC3979)
[8JY]
------removal of references to ``vicious habits'' final rule
(EC2862) [7MY]
------report (EC2794) [2MY]
------schedule for rating disabilities final rule (EC3142) [22MY]
(EC4452) [30JY] (EC5006) [10SE] (EC5485) [4OC]
------servicemen's and veterans' group life insurance final rule
(EC2835) [6MY]
------single member and panel decisions appeals regulations rules
of practice final rule (EC2861) [7MY]
------soldiers' and sailors' civil relief final rule (EC3445)
[7JN]
------VA Health Professional Scholarship Program final rule
(EC2953) [10MY]
------veterans and dependents education final rule (EC3171) [23MY]
------veterans education final rule (EC3070) [16MY] (EC3442) [7JN]
(EC3709) [18JN]
Dept. Veterans Affairs: Freedom of Information Act report (EC2331)
[29MR]
District of Columbia: acts (EC1888, EC1889, EC1890, EC1891,
EC1892, EC1893) [3JA] (EC1912, EC1913) [4JA] (EC1951, EC1952)
[23JA] (EC2015) [6FE] (EC2041, EC2042, EC2043, EC2044, EC0245,
EC2046, EC2047, EC2048, EC2049, EC2050, EC2051) [13FE]
(EC2061) [20FE] (EC2081, EC2082, EC2083) [23FE] (EC2084)
[23FE] (EC2121) [27FE] (EC2195) [6MR] (EC2222, EC2223) [12MR]
(EC2240) [13MR] (EC2256) [18MR] (EC2313) [28MR] (EC2319)
[29MR] (EC2320, EC2321, EC2322, EC2323, EC2324, EC2325,
EC2326, EC2327, EC2328, EC2329, EC2330) [29MR] (EC2392,
EC2393, EC2394, EC2395) [16AP] (EC2481, EC2482, EC2483,
EC2484, EC2485) [24AP] (EC2716, EC2717, EC2718, EC2719) [1MY]
(EC3313, EC3314, EC3315, EC3316, EC3317, EC3318) [4JN]
(EC3473) [10JN] (EC3593) [13JN] (EC4051, EC4052, EC4053,
EC4054, EC4055, EC4056, EC4057) [10JY] (EC4244, EC4245) [22JY]
(EC4640, EC4641, EC4642, EC4643, EC4644, EC4645, EC4646,
EC4647, EC4648, EC4649, EC4650, EC4651, EC4652, EC4653,
EC4654, EC4655, EC4656, EC4657, EC4658, EC4659, EC4660,
EC4661, EC4662, EC4663, EC4664, EC4665) [4SE] (EC4666, EC4667,
EC4668, EC4669, EC4670, EC4671, EC4672, EC4673, EC4674,
EC4675, EC4676, EC4677, EC4678, EC4679, EC4690) [4SE] (EC4947)
[10SE] (EC4948, EC4949, EC4950, EC4951, EC4952, EC4953,
EC4954, EC4955, EC4956, EC4957, EC4958, EC4959) [10SE]
(EC5248) [23SE]
------Advisory Neighborhood Commissions report (EC3083) [20MY]
------Anti-Deficiency Act violation (EC3100) [21MY]
------Board of Real Property Assessments and Appeals performance
review report (EC3134) [22MY]
------Boxing and Wrestling Commission event report (EC2122,
EC2123) [27FE]
------check generation and vendor file procedures review report
(EC4684) [4SE]
------comparative cost analysis report (EC2542) [25AP]
------contract appeals process performance report (EC4092) [11JY]
------depository implementation review report (EC4682) [4SE]
------evaluation of management and financial systems for Federal
grants report (EC4681) [4SE]
------Evaluation of the D.C. Lottery Board's Wagering Cancellation
Methodology report (EC1987) [30JA]
------financial and administrative audit of the LaShawn Limited
and General Receiverships report (EC4680) [4SE]
------financial report (EC2073) [20FE]
------Insurance Administration compliance review (EC2998) [14MY]
------police officers and firefighters retirement program review
(EC5467, EC5468) [4OC]
------Program Review of the Economic Development Finance Corp.
(EC2229) [12MR]
------public schools membership count procedures report (EC4683)
[4SE]
------Retirement Board member financial disclosure statement
(EC3821) [25JN] (EC3950) [8JY]
------Review and Analysis of the District's Accounts Receivable
report (EC2005) [1FE]
------teachers retirement program review (EC5466, EC5469) [4OC]
------waive congressional review of tax lien assignment and sale
legislation (EC4422) [29JY]
District of Columbia Financial Responsibility and Management
Assistance Authority: allocations of the District of Columbia
budget (EC2355) [15AP]
------budget and multiyear plan report (EC3000) [14MY]
------budget proposal (EC2758) [2MY] (EC3627) [17JN]
------experts and consultants hiring procedures report (EC2354)
[15AP]
------financial responsibility report (EC4246) [22JY] (EC4496)
[1AU]
District of Columbia Retirement Board: financial disclosure
statements of members (EC2720) [1MY] (EC2826) [6MY]
------report (EC2669) [30AP]
DSAA: advanced concept technology demonstration area cooperative
activity with United Kingdom (EC3536) [12JN]
------analysis of services performed by Federal employees who are
performing reimbursable services provided under the Arms
Export Control Act (EC2003) [1FE]
------Arms Export Control Act report (EC2258) [19MR] (EC3385)
[5JN] (EC4941) [10SE]
------cooperation with France, Germany, and Italy in the
development of a mobile surface-to-air missile system (EC1918)
[5JA]
------cooperative project to conduct a feasibility study to
investigate and define a standard submarine rescue system
(EC2000) [1FE]
[[Page 3034]]
------cooperative project with Australia to develop common set of
Electronic Countermeasures simulations (EC4628) [4SE]
------cooperative project with Canada to modernize existing joint
surveillance system (EC4627) [4SE]
------cooperative project with Israel report (EC1949) [23JA]
(EC4129) [12JY]
------cooperative project with Norway relative to development of a
composite hull structural monitoring system (EC2227) [12MR]
------cooperative project with Sweden on certain developments
leading to technologically superior conventional weapons
systems (EC4630) [4SE]
------cooperative project with the United Kingdom (EC4836) [5SE]
------Dept. of the Air Force proposed lease of defense articles to
Australia (EC4626) [4SE]
------Dept. of the Air Force proposed lease of defense articles to
Egypt (EC2588) [29AP] (EC5138) [16SE] (EC5194) [18SE]
------Dept. of the Air Force proposed lease of defense articles to
Greece (EC2989) [14MY] (EC4130) [12JY]
------Dept. of the Air Force proposed lease of defense articles to
Jordan (EC3888, EC3890, EC3891) [27JN]
------Dept. of the Air Force proposed lease of defense articles to
Korea (EC4837) [5SE] (EC5096) [12SE]
------Dept. of the Air Force proposed lease of defense articles to
Oman (EC3892) [27JN] (EC5216, EC5217) [19SE]
------Dept. of the Air Force proposed lease of defense articles to
Portugal (EC5313) [25SE]
------Dept. of the Air Force proposed lease of defense articles to
Saudi Arabia (EC2594) [29AP] (EC4838) [5SE] (EC5371) [28SE]
------Dept. of the Air Force proposed lease of defense articles to
Singapore (EC2591) [29AP] (EC4840) [5SE]
------Dept. of the Air Force proposed lease of defense articles to
the Republic of Korea (EC2286) [22MR]
------Dept. of the Air Force proposed lease of defense articles to
Turkey (EC3079) [20MY] (EC3133) [22MY] (EC5068) [11SE]
------Dept. of the Air Force proposed lease of defense articles to
the Republic of China (EC2990) [14MY]
------Dept. of the Air Force proposed lease of defense articles to
the Republic of Korea (EC2593) [29AP]
------Dept. of the Army proposed lease of defense articles to
Colombia (EC5095) [12SE]
------Dept. of the Army proposed lease of defense articles to
Denmark (EC2994) [14MY]
------Dept. of the Army proposed lease of defense articles to
Egypt (EC2598) [29AP] (EC2996) [14MY] (EC4843) [5SE]
------Dept. of the Army proposed lease of defense articles to
Greece (EC2995) [14MY] (EC3132) [22MY] (EC3152) [23MY]
(EC4047) [10JY] (EC4128) [12JY]
------Dept. of the Army proposed lease of defense articles to
Israel (EC2592) [29AP]
------Dept. of the Army proposed lease of defense articles to
Japan (EC4282) [23JY]
------Dept. of the Army proposed lease of defense articles to
Morocco (EC2991, EC2993) [14MY] (EC4046) [10JY]
------Dept. of the Army proposed lease of defense articles to
Saudi Arabia (EC2597) [29AP]
------Dept. of the Army proposed lease of defense articles to the
Republic of China (EC2992) [14MY] (EC3149) [23MY] (EC4629)
[4SE]
------Dept. of the Army proposed lease of defense articles to the
U.N. for use in Rwanda (EC3895) [27JN]
------Dept. of the Army proposed of lease of defense articles to
Oman (EC1983) [26JA]
------Dept. of the Navy proposed lease of defense articles and
services to the United Kingdom (EC2002) [1FE]
------Dept. of the Navy proposed lease of defense articles to
Brunei (EC3537) [12JN] (EC4942) [10SE] (EC5067) [11SE]
------Dept. of the Navy proposed lease of defense articles to
Egypt (EC2589, EC2596) [29AP] (EC4419) [29JY] (EC4842) [5SE]
(EC5195) [18SE]
------Dept. of the Navy proposed lease of defense articles to
Germany (EC4045) [10JY]
------Dept. of the Navy proposed lease of defense articles to
Israel (EC3893, EC3894) [27JN]
------Dept. of the Navy proposed lease of defense articles to
Japan (EC4126) [12JY]
------Dept. of the Navy proposed lease of defense articles to
Norway (EC2287) [22MR] (EC2290) [25MR]
------Dept. of the Navy proposed lease of defense articles to
Saudi Arabia (EC4841) [5SE]
------Dept. of the Navy proposed lease of defense articles to
Singapore (EC2997) [14MY]
------Dept. of the Navy proposed lease of defense articles to
Spain (EC4127) [12JY]
------Dept. of the Navy proposed lease of defense articles to
Thailand (EC4420) [29JY]
------Dept. of the Navy proposed lease of defense articles to the
Netherlands (EC3148) [23MY]
------Dept. of the Navy proposed lease of defense articles to the
Republic of China (EC3080) [20MY] (EC4839) [5SE]
------Dept. of the Navy proposed lease of defense articles to the
Republic of Korea (EC2590, EC2599) [29AP]
------Dept. of the Navy proposed lease of defense articles to
Turkey (EC2318) [29MR]
------Dept. of the Navy proposed lease of defense articles to
Venezuela (EC2595) [29AP]
------Dept. of the Navy proposed of lease of defense articles and
services to Thailand (EC1981) [26JA]
------Dept. of the Navy proposed of lease of defense articles to
Canada (EC1982) [26JA]
------extended air defense cooperative program (EC2478) [24AP]
------foreign military sales customers report (EC2001) [1FE]
------notification of cooperative project relative to enhancing
air and ground electronic warfare detection capabilities
(EC3470) [10JN]
------notification of cooperative project with Canada for
research, exploratory, and advanced development of
conventional weapons systems (EC3469) [10JN]
------notification of cooperative project with NATO for airborne
early warning and control systems modernization (EC3468)
[10JN]
------notification of cooperative project with the United Kingdom
concerning conventional air-to-ground missiles (EC3081) [20MY]
------notification of cooperative production and support of an
expendable offboard active electronic decoy for antiship
missile defense (EC2250) [14MR]
------notification relative to the design and development subphase
of the NATO Improved Link Eleven project (EC2226) [12MR]
------Presidential determination relative to defense articles,
services, and training to the Dominican Republic (EC3896)
[27JN]
------Presidential determination relative to defense articles,
services, military education, and training to Laos (EC2257)
[18MR]
------price and availability report (EC1984) [26JA]
------status of loans and guarantees issued under the Arms Export
Control Act report (EC2004) [1FE]
------technology base research and development project with the
Netherlands (EC1999) [1FE]
------technology or capability enhancements or upgrades for Japan
report (EC3889) [27JN]
------technology or capability enhancements or upgrades for Saudi
Arabia (EC2434) [22AP]
EEOC: elementary-secondary staff information final rule (EC4168)
[17JY]
------Federal Managers' Financial Integrity Act report (EC2020)
[6FE]
------Freedom of Information Act report (EC2181) [5MR]
------Government in the Sunshine Act report (EC2033) [9FE]
------Inspector General report (EC3230, EC3243) [30MY]
------report (EC2663) [30AP]
Energy Information Administration: energy outlook report (EC2058)
[16FE]
------report (EC4591) [4SE]
EPA: Acid Rain Program final rule (EC3030) [15MY] (EC3306) [4JN]
------air pollution from new motor vehicles final rule (EC4831)
[5SE]
------air quality definition revision relative to volatile organic
compounds final rule (EC5461) [4OC]
------Alabama Hazardous Waste Management Program revision final
rule (EC2531) [25AP]
------Alaska implementation plan final rule (EC2981) [14MY]
------Alaska petition for exemption from diesel fuel sulfur
requirement final rule (EC4603) [4SE]
------Amnicola Dump Superfund site final rule (EC2526) [25AP]
------Anti-Deficiency Act violation (EC4557) [4SE]
------approval of State programs and delegation of Federal
authorities final rule (EC3935) [8JY]
------area designation for air quality planning purposes final
rule (EC4469, EC4470) [31JY]
------Arizona implementation plan final rule (EC2551) [29AP]
------Arizona surface water quality standards final rule (EC2734)
[1MY]
------Arizona visibility Federal implementation plan corrective
revision final rule (EC2563) [29AP]
------Bernalillo County, NM, supplemental air quality
implementation plan final rule (EC2877) [8MY]
------Bethlehem Steel Corp. hazardous waste management system
exclusion final rule (EC2587) [29AP]
------California hazardous air pollutants emission standards for
dry cleaning facilities final rule (EC3030) [15MY]
------California implementation plan final rule (EC2550, EC2573,
EC2576) [29AP] (EC2577) [29AP] (EC3456) [10JN]
------CERCLA report (EC2059) [16FE]
------chemical release reporting final rule (EC4392) [26JY]
(EC4417) [29JY]
------Clean Air Act operating permits final rule (EC4299) [24JY]
(EC4824) [5SE] (EC5213) [19SE] (EC5422, EC5424) [3OC]
------Clean Air Act reclassification final rule (EC4399) [26JY]
------clean air attainment extension final rule (EC3770) [24JN]
------Clean Water Act amendment to requirements for authorized
State permit programs final rule (EC2830) [6MY]
------conditional registration of pesticides report (EC2267)
[20MR]
------containment of leakage or leak detection at onshore
facilities used for bulk storage of oil near navigable waters
(EC2914) [9MY]
------control of air pollution final rule and removal and
modification of obsolete, superfluous, or burdensome rules
(EC2555) [29AP]
------deficiency correction final rule (EC4468) [31JY] (EC5127)
[16SE]
------Delaware implementation plan final rule (EC2881) [8MY]
------designation of Texas areas for air quality planning purposes
final rule (EC2566) [29AP]
------Effects of Great Lakes Contaminants on Human Health report
(EC3097) [20MY]
------ethers testing consent order final rule (EC3581) [13JN]
------extension of due date and time-limited tolerances final rule
(EC2813, EC2812) [6MY]
------extremely hazardous substances final rule (EC2817) [6MY]
------Federal emission standards test procedures revisions final
rule (EC3819) [5SE]
------Federal Insecticide, Fungicide, and Rodenticide Act rule
(EC2213) [8MR]
------final rule (EC4602) [4SE]
------Florida dry cleaning facilities final rule (EC2529) [25AP]
[[Page 3035]]
------food grade oil of mustard tolerance requirement exemption
final rule (EC2980) [14MY]
------Freedom of Information Act report (EC2723) [1MY]
------fuel and fuel additives final rule (EC3764) [24JN] (EC3878)
[27JN] (EC3938) [8JY]
------hazardous air pollutant list modification final rule
(EC3582) [13JN]
------Hazardous Waste Management Program final rule (EC3769)
[24JN] (EC3852, EC3854) [26JN] (EC4236) [22JY] (EC4297) [24JY]
(EC4471) [31JY] (EC4600, EC4608) [4SE] (EC5125) [16SE]
(EC5459) [4OC]
------hazardous waste treatment, storage, disposal facilities, and
hazardous waste generators final rule (EC3307) [4JN] (EC3583)
[13JN]
------Idaho description of areas for air quality planning final
rule (EC3531) [12JN]
------Idaho extensions for nonattainment areas final rule (EC2810)
[6MY]
------Idaho implementation plan final rule (EC3111) [21MY]
------Illinois implementation plan final rule (EC2538) [25AP]
(EC2815, EC2816) [6MY]
------implementation plan final rule (EC3722, EC3723) [19JN]
(EC3733) [19JN] (EC3765, EC3766, EC3767) [24JN] (EC3853)
[26JN] (EC3937, EC3939) [8JY] (EC4121, EC4122, EC4123, EC4124,
EC4125) [12JY] (EC4147) [16JY] (EC4233, EC4234, EC4235,
EC4237, EC4238, EC4239, EC4240, EC4241, EC4243) [22JY]
(EC4298) [24JY] (EC4398, EC4400, EC4401) [26JY] (EC4416)
[29JY] (EC4466, EC4467) [31JY] (EC4601, EC4604) [4SE] (EC4605,
EC4606, EC4607) [4SE] (EC4818, EC4820, EC4821, EC4822, EC4823,
EC4827) [5SE] (EC4828, EC4829, EC4832) [5SE] (EC4923, EC4924,
EC4925) [10SE] (EC5093) [12SE] (EC5124, EC5126, EC5128) [16SE]
(EC5157) [17SE] (EC5211, EC5212, EC5214) [19SE] (EC5382)
[28SE] (EC5419, EC5420, EC5421, EC5423) [3OC] (EC5457) [4OC]
------implementation plan preparation, adoption, and submittal
final rule (EC3934) [8JY]
------imports and exports of hazardous waste final rule (EC2536)
[25AP]
------Indiana implementation plan final rule (EC2549, EC2559)
[29AP] (EC3454) [10JN]
------Inspector General report (EC3395) [5JN]
------international air pollution prevention and control
technology report (EC4922) [10SE]
------in-use motor vehicles air pollution control final rule
(EC5418) [3OC]
------Iowa implementation plan final rule (EC2573) [29AP]
------Kansas motor vehicle emissions budget to fulfill
requirements final rule (EC2583) [29AP]
------Kentucky Hazardous Waste Management Program revision final
rule (EC2533) [25AP]
------Kentucky implementation plan final rule (EC2569) [29AP]
(EC3107) [21MY]
------Knox County, TN, operating permits program final rule
(EC2582) [29AP]
------Kummer Sanitary Landfill Superfund site final rule (EC2525)
[25AP]
------land disposal restrictions final rule (EC2562) [29AP]
(EC3936) [8JY]
------lead-based paint final rule (EC4830) [5SE]
------leather tanning and finishing final rule (EC3978) [8JY]
------Lee's Lane Superfund site deletion final rule (EC2524)
[25AP]
------maintenance plan final rule (EC5458) [4OC]
------marine vehicle pollution control final rule (EC575) [11SE]
------Massachusetts Clean Air Act operating permits program final
rule (EC2881) [8MY]
------Missouri Clean Air Act operating permits program and
delegation of authority final rule (EC2557) [29AP]
------Missouri motor vehicle emissions budget to fulfill
requirements final rule (EC2583) [29AP]
------modification of treatment requirements for discharge into
marine waters final rule (EC4825) [5SE]
------monitoring requirements for national drinking water
regulations final rule (EC2806) [6MY]
------municipal solid waste landfill permit program final rule
(EC5460) [4OC]
------municipal solid waste permit program adequacy determination
final rule (EC5094) [12SE]
------national ambient air quality standards for sulfur oxides
final rule (EC3104) [21MY]
------national emission standards for hazardous air pollutants
final rule (EC2581) [29AP] (EC3129) [22MY] (EC3381) [5JN]
(EC3732, EC3736) [19JN] (EC3855) [26JN] (EC4300) [24JY]
(EC5158) [17SE]
------national oil and hazardous substances pollution contingency
plan final rule (EC2570, EC2575) [29AP] (EC2580) [29AP]
(EC2708) [1MY] (EC2880) [8MY] (EC3030) [15MY] (EC4516) [2AU]
------national water quality inventory report (EC2299) [26MR]
------Nevada hazardous waste management programs final rule
(EC3305) [4JN]
------New Jersey Clean Air Act Operating Permit Program final rule
(EC2978) [14MY]
------New Mexico implementation plans final rule (EC3455) [10JN]
------North Carolina Hazardous Waste Management Program revision
final rule (EC2532) [25AP]
------North Carolina implementation plan final rule (EC3106)
[21MY]
------Ohio implementation plan final rule (EC2707) [1MY] (EC2819)
[6MY] (EC2977) [14MY] (EC3029) [15MY]
------Oil Discharge Program rules revision final rule (EC2560)
[29AP]
------Oklahoma volatile organic compound regulations approval
final rule (EC2535) [25AP]
------on-board diagnostic checks final rule (EC4397) [26JY]
------Operating Permits Program final rule (EC3734) [19JN]
(EC3768) [24JN] (EC3813) [25JN] (EC3932) [8JY]
------Oregon implementation plan final rule (EC2979) [14MY]
------Outer Continental Shelf air regulations consistency update
for California final rule (EC3527) [12JN]
------Outer Continental Shelf air regulations offset remand final
rule (EC3077) [20MY]
------ozone control strategy final rule (EC3933) [8JY]
------ozone transport region inspection/maintenance flexibility
final rule (EC4242) [22JY]
------parts acquisition final rule (EC3450) [10JN] (EC3528) [12JN]
------Pennsylvania implementation plan final rule (EC2976) [14MY]
------pesticide food additive regulations final rule (EC4393)
[26JY]
------pesticide formulating, packaging, and repackaging final rule
(EC5462) [4OC]
------pesticide registration modifications final rule (EC3848)
[26JN] (EC3863) [27JN]
------pesticide tolerance final rule (EC2252, EC2558, EC2565,
EC2571, EC2572) [29AP] (EC2700, EC2701, EC2702, EC2709,
EC2710) [1MY] (EC2811, EC2814) [6MY] (EC3030) [15MY] (EC3108,
EC3109, EC3110) [21MY] (EC3233, EC3234) [30MY] (EC3526,
EC3532) [12JN] (EC3724, EC3725, EC3726, EC3727, EC3728,
EC3729, EC3730, EC3731, EC3735) [19JN] (EC3881, EC3882,
EC3883, EC3884) [27JN] (EC3940) [8JY] (EC4171) [17JY] (EC4391)
[26JY] (EC4394, EC4395, EC4396) [26JY] (EC4418) [29JY]
(EC5159) [17SE] (EC5389) [30SE]
------pesticide worker protection standard final rule (EC3849,
EC3850) [26JN] (EC3864, EC3865) [27JN]
------Phoenix, AZ, Clean Air Act reclassification final rule
(EC2881) [8MY]
------Pittsburgh, PA, disapproval of ozone redesignation request
and maintenance plan final rule (EC2586) [29AP]
------Placer County, CA, air pollution control district
implementation plan final rule (EC2818) [6MY]
------potential health and environmental effects from the use of
magnetic levitation for railroad transportation report
(EC3125) [21MY]
------prohibition on gasoline containing lead or lead additives
final rule (EC3529) [12JN]
------reduced certification reporting requirements for new nonroad
engines final rule (EC2878) [8MY]
------Reformulated Gasoline Program opt out procedures final rule
(EC3879) [27JN]
------regulated substances and thresholds for accidental release
prevention final rule (EC3449) [10JN]
------regulations governing hazardous air pollutants equivalent
emission limitations by permit amendment final rule (EC2881)
[8MY]
------reid vapor pressure standard final rule (EC4826) [5SE]
------relax Federal gasoline reid vapor pressure volatility
standard final rule (EC2556) [29AP] (EC2808) [6MY]
------renewal of time-limited tolerances for tefluthrin final rule
(EC2704) [1MY]
------Rhode Island air quality implementation plans final rule
(EC2554) [29AP]
------Rhode Island Clean Air Act operating permits program final
rule (EC2706) [1MY]
------risk management program regulations for chemical accident
release prevention final rule (EC3451) [10JN] (EC4465) [31JY]
------San Joaquin Valley, CA, air pollution control district
implementation plan final rule (EC2530) [25AP] (EC2574,
EC2585) [29AP] (EC2822) [6MY]
------Santa Barbara County, CA, air pollution control district
implementation plan final rule (EC2821, EC2822) [6MY]
------solid waste disposal facility criteria final rule (EC5305)
[25SE] (EC5351) [26SE]
------solid waste programs removal of legally obsolete guidelines
final rule (EC2579) [29AP]
------South Carolina Hazardous Waste Management Program revision
final rule (EC2534) [25AP]
------standards of performance for new stationary sources--small
industrial-commercial-institutional steam generating units
final rule (EC2807) [6MY]
------stratospheric ozone protection final rule (EC3453) [10JN]
------substitutes for ozone-depleting substances final rule
(EC3077) [20MY]
------Superfund report (EC5215) [19SE]
------suspension, debarment, and ineligibility for contracts,
assistance, loans, and benefits final rule (EC3426) [5JN]
------Tennessee revisions to hazardous waste management programs
final rule (EC3112) [21MY] (EC3113) [21MY]
------test rules and enforceable testing consent agreements final
rule (EC4043) [10JY]
------testing requirements for ocean dumping final rule (EC5381)
[28SE]
------Texas implementation plan final rule (EC2809) [6MY]
------tolerance processing fees final rule (EC2703) [1MY]
------tolerance revision final rule (EC3931) [8JY]
------Utah emission regulations and ozone nonattainment area
designation and definition final rule (EC2820) [6MY]
------Utah implementation plan final rule (EC2820) [6MY]
------Ventura County, CA, air pollution control district
implementation plan final rule (EC2818) [6MY]
------Virginia implementation plan final rule (EC3457) [10JN]
------Washington implementation plan final rule (EC3105) [21MY]
------Washington landfill superfund site removal from national
priorities list (EC2975) [14MY]
------Wisconsin implementation plan final rule (EC2561, EC2564,
EC2573) [29AP] (EC2578) [29AP]
------Wisconsin industrial adhesives revision final rule (EC2584)
[29AP]
------withdrawal of direct final rule for approval of South Dakota
redesignation request (EC2879) [8MY]
[[Page 3036]]
------withdrawal of final test rule final rule (EC3880) [27JN]
------wood furniture manufacturing operations control techniques
guidelines final rule (EC3077) [20MY]
------xanthan gum-modified tolerance exemption final rule (EC2705)
[1MY]
Executive Office of the President: anti-terrorism, counter-
terrorism, and security efforts appropriations (EC5153) [17SE]
------budget requests for various agencies relative to assisting
victims of Hurricanes Fran and Hortense (EC5333) [26SE]
------Commonwealth of Independent States continuation of waiver
relative to Trade Act (EC3360) [4JN]
------continued deployment of combat-equipped Armed Forces to
Haiti as part of the multinational force report (EC2291)
[25MR]
------continued deployment of U.S. forces including response to
isolated attacks on American Embassy complex report (EC3116)
[21MY]
------Dept. of Defense funding for the NATO-led Bosnia Peace
Implementation Force (EC2111) [27FE]
------Dept. of Defense operations associated with the NATO-led
Bosnia Peace Implementation Force report (EC3820) [25JN]
------Dept. of Defense purchases, purchase commitments, and cost
sharing arrangements notification (EC4278) [22JY]
------Dept. of HHS appropriations report (EC2336) [15AP]
------Dept. of the Interior appropriations (EC4553) [4SE]
------Depts. of Agriculture, Commerce, and the Interior emergency
appropriations (EC3037) [16MY] (EC3099) [21MY]
------Depts. of Agriculture, the Interior, and HUD appropriations
(EC5152) [17SE]
------Depts. of HUD, Justice, and Veterans Affairs, and National
Bankruptcy Review Commission appropriations legislation
(EC4074) [11JY]
------drug law enforcement, treatment, and prevention activities
appropriations (EC2335) [15AP]
------efforts to obtain Iraq's compliance with U.N. Security
Council resolution (EC4634) [4SE] (EC4844) [5SE]
------emergency appropriations request for expenses related to
natural disasters (EC2174) [5MR]
------emergency appropriations request for the Forest Service
(EC2025) [9FE]
------evacuation of U.S. citizens by military personnel from the
Central African Republic (EC3153) [23MY]
------Everglades and south Florida ecosystem restoration
legislation (EC3610) [13JN]
------exemption of Groom Lake, NV, Air Force facility from
hazardous or solid waste laws that would require disclosure of
classified information (EC1989) [31JA]
------exercise of certain powers relative to disruption of the
Middle East peace process (EC4633) [4SE]
------export control regulations (EC4635) [4SE]
------Federal Government departments and agencies activities
report (EC3948) [8JY]
------FEMA budget request (EC3441) [7JN]
------Forest Service emergency appropriations request (EC2964)
[14MY]
------Freedom of Information Act report (EC2126) [27FE]
------funding for support of the Middle East peace process
(EC2110) [27FE]
------international agreements transmitted to Congress after
submission deadline (EC2205) [7MR]
------Iraq's compliance with U.N. Security Council resolutions
report (EC2850) [7MY]
------Israel counterterrorism assistance (EC3073) [20MY]
------ITC nominations (EC4790) [4SE]
------negotiated settlement of the Cyprus question (EC2714) [1MY]
------notification of continuation of national emergency relative
to Middle East peace process (EC1933) [22JA]
------pay raise for U.S. military personnel (EC1884) [3JA]
------People's Republic of China continuation of waiver relative
to Trade Act (EC3359) [4JN]
------personnel report (EC1911) [4JA]
------private U.S. citizens and third-country nationals taking
refuge in the U.S. Embassy compound in Liberia (EC2352) [15AP]
------progress toward a negotiated solution of the Cyprus problem
(EC2204) [7MR] (EC4303) [24JY] (EC5375) [28SE]
------proposed budget rescissions (EC2109) [27FE]
------proposed rescissions of Dept. of Defense budgetary resources
(EC2337) [15AP]
------request relative to supplemental appropriations for expenses
related to counter-terrorism assistance to Israel (EC2248)
[14MR]
------request relative to supplemental appropriations for the BATF
to investigate and solve acts of arson against African-
American churches (EC3687) [18JN]
------Romanian emigration laws and policies report (EC4069) [10JY]
------Russian Federation emigration laws and policies report
(EC4068) [10JY]
------science, technology, and diplomacy report (EC2273) [20MR]
------Serbia, Montenegro, and Bosnian Serbs emergency report
(EC3193) [29MY]
------spent nuclear fuel activities in the Democratic Republic of
Korea (EC2963) [14MY]
Eximbank: management report (EC2086) [23FE]
------report (EC2057) [16FE]
------tied aid credits report (EC1998) [1FE] (EC5091) [12SE]
------U.S. exports to Argentina (EC4569) [4SE]
------U.S. exports to Australia (EC5155) [17SE]
------U.S. exports to Ghana (EC2075) [23FE]
------U.S. exports to India (EC5120) [16SE]
------U.S. exports to Indonesia (EC2076) [23FE] (EC2381) [16AP]
------U.S. exports to Kazakhstan (EC4564) [4SE]
------U.S. exports to Pakistan (EC4571) [4SE]
------U.S. exports to Russia (EC3851) [26JN] (EC4573) [4SE]
------U.S. exports to Thailand (EC4572) [4SE]
------U.S. exports to the People's Republic of China (EC2422)
[19AP] (EC2750) [2MY] (EC4565, EC4566, EC4567, EC4568) [4SE]
------U.S. exports to the Republic of Korea (EC2255) [18MR]
------U.S. exports to Trinidad and Tobago (EC4570) [4SE]
------U.S. exports to Ukraine (EC2150) [4MR]
FAA: aviation system capital investment plan report (EC2333)
[29MR]
------CFR chapter name change final rule (EC4409) [26JY]
------Civil Aviation Security Program effectiveness report
(EC3904) [27JN]
------Dept. of Defense military base closures and realignments
report (EC5004) [10SE]
------quiet aircraft technology for propeller-driven airplanes and
rotorcraft report (EC4135) [12JY]
------services provided to foreign aviation authorities report
(EC2402) [16AP]
------standard instrument approach procedures final rule (EC4268,
EC4269, EC4270) [22JY] (EC4450) [30JY]
------Subsonic Noise Reduction Technology Program report (EC3982)
[8JY]
------Traffic Alert and Collision Avoidance System development and
certification report (EC2375) [15AP]
Farm Credit Administration: book-entry procedures for Federal
Agricultural Mortgage Corp. securities final rule (EC4220)
[22JY]
------Freedom of Information Act report (EC2398) [16AP]
------Government in the Sunshine Act report (EC2397) [16AP]
------loans in special flood hazard areas final rule (EC4913)
[10SE]
Farm Credit Bank of Texas: pension plan report (EC4691) [4SE]
------Thrift Plus Plan report (EC4692) [4SE]
Farm Service Agency: Dairy Indemnity Payment Program final rule
(EC2962) [14MY]
------sugarcane and sugarbeets price support loan rates final rule
(EC2962) [14MY]
FCC: access tariff filings final rule (EC3945) [8JY]
------amateur service vanity call sign system amendment final rule
(EC3042) [16MY]
------assessment and collection of regulatory fees final rule
(EC4044) [10JY]
------automatic stays of certain allotment orders final rule
(EC4614) [4SE]
------Bell Operating Co., out-of-region interstate, interexchange
services final rule (EC3994) [9JY]
------Blossom, TX, DeQueen, AR, and Colgate, OK, table allotments
for FM broadcast stations final rule (EC3460) [10JN]
------Cable Television Consumer Protection and Competition Act
implementation final rule (EC3534) [12JN] (EC4931) [10SE]
------Campton and Frenchburg, KY, table allotments for FM
broadcast stations final rule (EC3436) [6JN]
------Cassville and Kimberly City, MO, table allotments for FM
broadcast stations final rule (EC3434) [6JN]
------Chester, Shasta, Lake City, Alturas, McCloud, and
Weaverville, CA, table allotments for FM broadcast stations
final rule (EC3463) [10JN]
------children's television programming final rule (EC4616) [4SE]
------Clovis, and Madera, CA, table allotments for FM broadcast
stations final rule (EC3461) [10JN]
------Coolidge and Gilbert, AZ, table of allotments for FM
broadcast stations (EC2983) [14MY]
------Cornell, WI, table of allotments for FM broadcast stations
(EC2982) [14MY]
------definition of markets for purposes of cable television
broadcast signal carriage rules final rule (EC3533) [12JN]
------deregulation of equipment authorization requirements for
digital devices final rule (EC3235) [30MY]
------domestic, interstate, and interexchange telephone services
final rule (EC4432) [30JY]
------Federal Mangers' Financial Integrity Act report (EC1974)
[25JA]
------Federal-State Joint Board on Universal Service final rule
(EC3943) [8JY]
------flexible service offerings in commercial mobile radio
services final rule (EC4613) [4SE]
------Freedom of Information Act report (EC3824) [25JN]
------future development of paging systems final rule (EC2666)
[30AP]
------GHz frequency band final rule (EC4935) [10SE]
------Government in the Sunshine Act report (EC3135) [22MY]
------implementation of Communication Act broadcast license
renewal procedures final rule (EC2823) [6MY]
------implementation of Communication Act competitive bidding
final rule (EC2666) [30AP]
------implementation of Telecommunications Act relative to cable
reform provisions final rule (EC2985) [14MY]
------implementation of Telecommunications Act relative to dispute
resolution regarding equipment standards final rule (EC3041)
[16MY]
------inspection of ships relative to Great Lakes Agreement final
rule (EC3025) [14MY]
------interactive video and data service licensees to provide
subscribers mobile service final rule (EC3944) [8JY]
------interstate, interexchange marketplace implementation final
rule (EC4927) [10SE]
------interstate average schedule formulas modifications final
rule (EC3942) [8JY]
------interstate pay-per-call and other information services final
rule (EC4402) [26JY] (EC4493) [1AU]
------microwave relocation cost sharing final rule (EC2882) [8MY]
------mobile radio service and cellular cross-ownership final rule
(EC3941) [8JY]
[[Page 3037]]
------New Port Richey, Naples Park, Sarasota, and Sebring, FL,
table allotments for FM broadcast stations final rule (EC3435)
[6JN]
------number portability by local exchange carriers final rule
(EC4173) [17JY]
------open video systems final rule (EC3585) [13JN]
------operator service access and pay telephone compensation final
rule (EC3815) [25JN]
------pay telephone reclassification and compensation final rule
(EC5336) [26SE]
------regulation of international accounting rates final rule
(EC3620) [17JN]
------release of 888 toll free numbers corresponding to 800 toll
free numbers final rule (EC4172) [17JY]
------report (EC4936) [10SE]
------resale obligations pertaining to commercial mobile radio
services final rule (EC4301) [24JY] (EC4920) [10SE]
------Sault Ste. Marie, MI, San Francisco, CA, and Morgan City,
LA, Coast Guard vessel traffic services systems final rule
(EC3437) [6JN]
------Shelton, WA, table allotments for FM broadcast stations
final rule (EC3458, EC3465) [10JN]
------signal boosters final rule (EC3748) [20JN]
------silent station authorization final rule (EC3814) [25JN]
------subsidiary accounting requirements concerning video dialtone
costs and revenues final rule (EC3621) [17JN]
------table allotments for FM broadcast stations final rule
(EC3622, EC3623, EC3624) [17JN] (EC3771, EC3772, EC3773,
EC3774) [24JN] (EC3996, EC3997, EC3998, EC3999, EC4000) [9JY]
(EC4001) [9JY] (EC4302) [24JY] (EC4403) [26JY] (EC4610,
EC4615, EC4617) [4SE] (EC4833) [5SE] (EC4926, EC4928, EC4929,
EC4932, EC4933, EC4934) [10SE] (EC5066) [11SE] (EC5129) [16SE]
(EC5130, EC5131, EC5132, EC5133, EC5134, EC5135, EC5136)
[16SE] (EC5306, EC5307, EC5308, EC5309, EC5310) [25SE]
------Telecommunications Act implementation final rule (EC4611,
EC4612) [4SE]
------Telecommunications Act maritime service final rule (EC3308)
[4JN]
------Telecommunications Act telephone services final rule
(EC5160) [17SE]
------telecommunications equipment and services for people with
disabilities final rule (EC4191) [18JY]
------telephone service final rule (EC4609) [4SE]
------television station digital transmission final rule (EC3995)
[9JY]
------UHF noise figure performance measurements filing final rule
(EC3584) [13JN]
------utility company permanent cost allocation manual for the
separation of regulated and nonregulated costs final rule
(EC2984) [14MY]
------Virginia Beach, VA, table allotments for FM broadcast
stations final rule (EC3464) [10JN]
------Woodville and Liberty, MS, and Clayton and Jena, LA, table
allotments for FM broadcast stations final rule (EC3459,
EC3462) [10JN]
FDA: antibiotic drugs final rule (EC4174) [17JY]
------chlorofluorocarbon propellants in self-pressurized
containers final rule (EC3191) [29MY]
------cold, cough, allergy, bronchodilator, and antiasthmatic drug
products for over-the-counter human use final rule (EC3130)
[22MY]
------device regulations revocation final rule (EC4404) [26JY]
------drug manufacturing, processing, packing, or holding final
rule (EC4405) [26JY]
------drugs containing diphenhydramine citrate or diphenydramine
hydrochloride for over-the-counter human use final rule
(EC2846) [7MY]
------elimination of establishment license application for
biotechnology and specified synthetic biological products
final rule (EC3078) [20MY]
------exclusion of propylene glycol in cat food final rule
(EC2883) [8MY]
------food labeling final rule (EC4619, EC4620, EC4624, EC4625)
[4SE] (EC4938) [10SE] (EC5390) [30SE]
------foods and drugs technical amendments final rule (EC3586,
EC3589) [13JN]
------manufacturing practices for blood and blood components final
rule (EC5137) [16SE] (EC5284) [24SE]
------medical devices final rule (EC3946) [8JY] (EC4474) [31JY]
(EC4618) [4SE] (EC5425) [3OC]
------name and address changes technical amendments final rule
(EC3587, EC3588) [13JN]
------revocation of certain regulations affecting food final rule
(EC3466) [10JN]
------revocation of obsolete regulations final rule (EC3626)
[17JN]
------warning statements for food products containing or
manufactured with chlorofluorocarbons and other ozone-
depleting substances final rule (EC2986) [14MY]
------wine bottle capsules final rule (EC3749) [20JN]
FDIC: activities and efforts relative to private sector
utilization report (EC3373) [5JN]
------Affordable Housing Disposition Program activities report
(EC3374) [5JN]
------agricultural loan loss amortization final rule (EC4036)
[10JY]
------Chief Financial Officers Act report (EC4318) [25JY]
------Coastal Barrier Improvement Act report (EC2418) [17AP]
------Community Reinvestment Act regulations final rule (EC2870)
[8MY]
------Financial Institutions Reform, Recovery, and Enforcement Act
report (EC2382, EC2383) [16AP]
------Freedom of Information Act report (EC2182) [5MR]
------Government in the Sunshine Act report (EC2425) [19AP]
------interagency guidelines establishing standards for safety and
soundness final rule (EC5399) [1OC]
------interest rate risk final rule (EC4574) [4SE]
------loans in special flood hazard areas final rule (EC5235)
[23SE]
------management official interlocks final rule (EC5398) [1OC]
------report (EC5189) [18SE] (EC5400) [1OC]
FEC: budget and supplemental appropriations request report
(EC2334) [29MR]
------Freedom of Information Act report (EC3751) [20JN]
------Government in the Sunshine Act report (EC4693) [4SE]
------independent campaign expenditures report (EC2332) [29MR]
------legislative recommendations report (EC2362) [15AP]
------proposed regulations relative to electronic filing of
political committee reports (EC4707) [4SE] (EC4973) [10SE]
------regulations governing news stories and candidate debates
staged by cable television organizations (EC2427) [19AP]
Federal Claims Court: cable television on military bases advisory
opinion (EC4454) [30JY]
Federal Financial Institutions Examination Council: consistent
terminology report (EC4141) [16JY]
------Federal Managers' Financial Integrity Act report (EC2067)
[20FE]
------Inspector General report (EC2085) [23FE]
------interagency data bank feasibility report (EC4142) [16JY]
------report (EC2343) [15AP] (EC3443) [7JN]
Federal Hospital Insurance Trust Fund: report (EC3422) [5JN]
(EC3430) [6JN]
Federal Housing Finance Board: employee salary rates reports
(EC2113) [27FE]
------Federal Home Loan Bank directors compensation and expenses
final rule (EC4576) [4SE]
------Freedom of Information Act report (EC2034) [9FE]
------Inspector General report (EC3001) [14MY]
------low-income housing and community development activities
report (EC4914) [10SE]
------management report (EC3952) [8JY]
------membership approval final rule (EC4575) [4SE]
------modification of definition of deposits in banks or trust
companies final rule (EC4464) [31JY]
------report (EC4915) [10SE]
Federal Judicial Center: report (EC2367) [15AP]
Federal Labor Relations Authority: Federal Managers' Financial
Integrity Act report (EC2035) [9FE]
------Freedom of Information Act report (EC2154) [4MR]
Federal Maritime Commission: administrative offset final rule
(EC5482) [4OC]
------Federal Managers' Financial Integrity Act report (EC2036)
[9FE]
------Freedom of Information Act report (EC2183) [5MR]
------Government in the Sunshine Act report (EC2243) [13MR]
------inflation adjustment of civil monetary penalties final rule
(EC5471) [4OC]
------Inspector General report (EC2944) [10MY]
------report (EC2370) [15AP]
Federal Mediation and Conciliation Service: Federal Managers'
Financial Integrity Act report (EC2069) [20FE]
------Government in the Sunshine Act report (EC5079) [11SE]
------Inspector General report (EC1895) [3JA]
Federal Old-Age and Survivors Insurance and Disability Insurance
Trust Fund: report (EC3423) [5JN]
Federal Retirement Thrift Investment Board: allocation of earnings
final rule (EC3695) [4SE]
------Freedom of Information Act report (EC2155) [4MR]
------nonappropriated fund employees final rule (EC4694) [4SE]
Federal Supplemental Medical Insurance Trust Fund: report (EC3428)
[5JN]
FEMA: cost estimate for response to emergency fire hazard in Texas
(EC3169) [23MY]
------disaster recovery assistance files routine use amendment
notification (EC5220) [19SE]
------Federal Managers' Financial Integrity Act report (EC2087,
EC2088) [23FE]
------Freedom of Information Act report (EC2197) [6MR]
------National Flood Insurance Act legislation (EC4080) [11JY]
------National Flood Insurance Program final rule (EC4463) [31JY]
FERC: Freedom of Information Act report (EC2089) [23FE]
------oil pipelines cost-of-service filing requirements final rule
(EC4473) [31JY]
------public utilities final rule (EC2539) [25AP]
------report (EC3146) [23MY]
------standards for business practices of interstate natural gas
pipelines final rule (EC4472) [31JY]
Financial Crimes Enforcement Network: transactions in currency
interim rule (EC2423) [19AP]
First South Production Credit Association: pension plan report
(EC4195) [18JY]
Foreign Agricultural Service: minimum quantity of agricultural
commodities report (EC2024) [6FE]
Foreign Claims Settlement Commission: Government in the Sunshine
Act report (EC2353) [15AP]
Forest Service: disposal of national forest system timber and
modification of timber sale contracts final rule (EC2800)
[6MY]
------Forest and Rangeland Renewable Resources Planning Act report
(EC4187) [17JY]
FRS: Bank Secrecy Act recordkeeping regulations relative to funds
transfers and transmittals final rule (EC3184) [29MY] (EC3302)
[4JN]
------certain activities of subsidiaries of bank holding companies
engaged in underwriting, and dealing in, securities final rule
(EC5154) [17SE]
------Community Reinvestment Act regulations final rule (EC2871)
[8MY]
------credit availability for small business and small farms
report (EC1948) [23JA]
------definition of capital stock and surplus under the Federal
Reserve Act final rule (EC2908) [9MY]
------depository institutions credit card operations profitability
report (EC4577) [4SE]
------Freedom of Information Act report (EC2184) [5MR] (EC2605)
[29AP]
[[Page 3038]]
------Government in the Sunshine Act report (EC2288) [22MR]
------Inspector General report (EC3320) [4JN]
------interest rate risk final rule (EC4037) [10JY]
------international banking operations final rule (EC4385) [26JY]
------international banking operations regulation K final rule
(EC2873) [8MY]
------loans in special flood hazard areas final rule (EC4909)
[10SE]
------management official interlocks final rule (EC4118) [12JY]
------market risk based capital standards final rule (EC4910)
[10SE]
------monetary policy report (EC2106) [23FE] (EC4231) [22JY]
------report (EC2907) [9MY] (EC3375, EC3376) [5JN]
------rights, liabilities, and responsibilities of participants in
electronic fund transfer systems final rule (EC3301) [4JN]
------security credit transactions regulations final rule (EC2909)
[9MY]
------Truth in Lending Act report (EC2384) [16AP]
------truth in lending final rule (EC5118) [16SE]
------uniform rules and procedures final rule (EC2872) [8MY]
FTC: energy and water consumption final rule (EC3625) [17JN]
(EC3885) [27JN]
------Fair Debt Collection Practices Act report (EC2284) [22MR]
------Federal Managers' Financial Integrity Act report (EC1896)
[3JA]
------Freedom of Information Act report (EC2127) [27FE]
------Government in the Sunshine Act report (EC2724) [1MY]
------health antitrust enforcement policy report (EC5043) [10SE]
------Inspector General report (EC3396) [5JN]
------labeling and advertising of home insulation final rule
(EC2667) [30AP]
------light bulb final rule (EC3816) [25JN]
------metalic watch band industry and jewelry industry guides
final rule (EC3147) [23MY]
------misbranding and deception of leather content of waist belts
trade regulation final rule (EC3043) [16MY]
------premerger notification and trade regulations final rule
(EC2677) [30AP]
------report (EC2348) [15AP]
------smokeless tobacco final rule (EC4937) [10SE]
------Textile Fiber Products Identification Act rules and
regulations final rule (EC3114) [21MY]
GAO: Capitol Preservation Fund audit report (EC4528) [2AU]
------Cash Management Improvement Act implementation report
(EC1973) [25JA]
------Congressional Award Foundation financial statements (EC5252)
[26SE]
------employees detailed to congressional committees report
(EC2068) [20FE] (EC4801) [4SE]
------FDIC audit report (EC4490) [31JY]
------Federal agency implementation of recommendations relative to
protest bids report (EC2017) [6FE]
------Federal Family Education Loan Program financial audit
(EC2239) [12MR]
------Federal information resources management report (EC4967)
[10SE]
------GPO financial audit report (EC2424) [19AP]
------Independent Counsel financial audit (EC2430) [19AP]
------independent counsels audit report (EC1995) [31JA]
------investigations, audits and evaluations (EC4689) [4SE]
------IRS financial statements report (EC4131) [12JY]
------Office of Independent Counsel 6-month expenditure audit
(EC5445) [3OC]
------Panama Canal Commission financial audit (EC2341) [15AP]
------President's special impoundment message review (EC2473)
[24AP] (EC3613) (EC2898) [9MY] [17JN] (EC3810) [25JN] (EC4554)
[4SE]
------reports (EC2007) [1FE] (EC2016) [6FE] (EC2064) [20FE]
(EC2312) [28MR] (EC3241) [30MY] (EC3750) [20JN] (EC4685) [4SE]
(EC6036) [10SE] (EC5246) [23SE]
------reports and testimony (EC2445) [23AP]
------retirement system report (EC2090) [23FE]
------RTC audit report (EC4428) [29JY] (EC4527) [2AU]
------Trans-Alaska Pipeline Liability Fund report (EC1906) [3JA]
------updating the budgetary implications of selected GAO work
report (EC4032) [9JY]
Girl Scouts: report (EC2101) [23FE]
GPO: Inspector General report (EC3752) [20JN]
GSA: acquisition regulations final rule (EC3002) [14MY] (EC4247,
EC4248, EC4249, EC4250, EC4251, EC4252, EC4253, EC4254,
EC4255, EC4256, EC4257, EC4258, EC4259, EC4260, EC4261,
EC4262, EC4263) [22JY] (EC4285) [23JY] (EC3696, EC4697,
EC4698, EC4699) [4SE] (EC4700, EC4701, EC4702) [4SE] (EC4965)
[10SE] (EC5376) [28SE]
------agency supplements final rule (EC3645) [17JN]
------alternate dispute resolution and Federal Courts
Administration Act final rule (EC3650) [17JN]
------application of cost accounting standards for board
regulations to educational institutions final rule (EC2672)
[30AP]
------Architectural Barriers Act report (EC2211) [7MR]
------Armed Forces pricing manual final rule (EC3633) [17JN]
------audit report (EC3953) [8JY]
------Capital Investment and Leasing Program report (EC2371)
[15AP]
------Caribbean Basin countries final rule (EC3642) [17JN]
------child care services final rule (EC3652) [17JN]
------construction final rule (EC3657) [17JN]
------Contract Appeals Board rules of procedure final rule
(EC5392) [30SE]
------contract clauses final rule (EC3656) [17JN]
------Defense Production Act amendments final rule (EC3651) [17JN]
------double-sided copying final rule (EC3628) [17JN]
------electronic screening final rule (EC3654) [17JN]
------Federal contractor-issued travel charge card clarification
legislation (EC2091) [23FE]
------Federal information processing equipment final rule (EC4286)
[23JY]
------Federal information resources management regulation final
rule (EC4304) [24JY]
------Federal Managers' Financial Integrity Act report (EC1897)
[3JA]
------Federal travel regulations final rule (EC4421) [29JY]
------Federal travel regulations--privately owned vehicle mileage
reimbursement final rule (EC3003) [14MY]
------fixed pricing final rule (EC3659) [17JN]
------fluctuating exchange rates final rule (EC3643) [17JN]
------Freedom of Information Act report (EC2399) [16AP]
------Inspector General report (EC1898) [3JA] (EC3397) [5JN]
------interest clause revisions final rule (EC2672) [30AP]
------investigation report relative to operating privately owned
vehicles (EC2294) [26MR]
------irrevocable letters of credit and alternatives to Miller Act
bonds final rule (EC3644) [17JN]
------justification and approval thresholds final rule (EC3630)
[17JN]
------lease prospectuses (EC3278) [30MY]
------legislative lobbying costs final rule (EC3647) [17JN]
------master subcontracting plans final rule (EC3636) [17JN]
------memorandum of understanding between the U.S. and European
Community final rule (EC3631) [17JN]
------modifications of existing contracts final rule (EC2672)
[30AP]
------NAFTA implementation final rule (EC3641) [17JN]
------National Industrial Security Program operating manual final
rule (EC3629) [17JN]
------ozone executive order final rule (EC3639) [17JN]
------Pennsylvania Avenue Development Corp., dissolution
legislation (EC5489) [4OC]
------personal property furnished to non-Federal recipients report
(EC2156) [4MR]
------postponement of bid openings or closing dates final rule
(EC3632) [17JN]
------predetermined indirect cost rates final rule (EC3634) [17JN]
------Presidential delegation assignment of claims final rule
(EC2672) [30AP]
------prompt payment overseas final rule (EC3649) [17JN]
------quality assurance nonconformances final rule (EC3655) [17JN]
------quick-closeout procedures final rule (EC3653) [17JN]
------records retention final rule (EC3646) [17JN]
------relocation benefits legislation (EC2945) [10MY]
------Research Triangle Park, NC, building project survey report
(EC2308) [27MR]
------Small Business Competitiveness Demonstration Program final
rule (EC3637) [17JN]
------small business innovation research rights in data final rule
(EC3658) [17JN]
------small business size standards final rule (EC3635) [17JN]
------termination for convenience final rule (EC3660) [17JN]
------travel costs final rule (EC3648) [17JN]
------Uruguay Round final rule (EC3640) [17JN]
------use of convict labor final rule (EC3638) [17JN]
Harry S Truman Scholarship Foundation: report (EC2077) [23FE]
House of Representatives: Members' personal financial disclosure
statements (EC4186) [17JY]
------receipts and expenditures report (EC2363) [15AP] (EC3775)
[24JN] (EC5317) [25SE]
------rules reports (EC2451) [23AP]
INS: acquisition of citizenship final rule (EC3963) [8JY]
------blank employment eligibility verification forms final rule
(EC5483) [4OC]
------certificate of citizenship for children born outside the
U.S. final rule (EC5046) [10SE]
------certification of designated fingerprinting services final
rule (EC3333) [4JN]
------defaulted payments fees final rule (EC3962) [8JY]
------employment authorization document introduction final rule
(EC4998) [10SE]
------employment-based petitions final rule (EC3776) [24JN]
------evidence of registration of permanent resident aliens final
rule (EC4156) [16JY]
------immigration and nationality forms final rule (EC5044) [10SE]
------immigration final rule (EC5326) [25SE]
------resettlement assistance eligibility for Cuban and Haitian
national parolees (EC4104) [11JY]
------Salvadorans temporary protected status final rule (EC5045)
[10SE]
------visa waiver pilot program final rule (EC3859) [26JN]
(EC4007) [9JY] (EC4323) [25JY]
Institute of Peace: audit report (EC2408) [16AP]
Interagency Coordinating Committee on Oil Pollution Research:
report (EC5349) [26SE]
International Boundary and Water Commission: Freedom of
Information Act report (EC2157) [4MR]
Interstate Commission on the Potomac River Basin: Federal
Managers' Financial Integrity Act report (EC2356) [15AP]
IRS: administrative, procedural, and miscellaneous closing
agreements final rule (EC3366) [4JN] (EC3569) [12JN] (EC3918)
[27JN] (EC4290) [23JY] (EC4794) [4SE]
[[Page 3039]]
------bad debts and dealer assignments of national principal
contracts final rule (EC5009) [10SE]
------changes in accounting periods and in methods of accounting
final rule (EC2685) [30AP]
------closing agreements final rule (EC3289) [30MY]
------comments on procedures relative to voluntary and involuntary
changes in method of accounting final rule (EC4525) [2AU]
------common trust fund diversification final rule (EC2738) [1MY]
------cost sharing regulations revision final rule (EC3711) [18JN]
------debt instruments issue price final rule (EC3760) [20JN]
(EC5293) [24SE]
------debt instruments with original issue discount final rule
(EC3682) [17JN]
------decision action final rule (EC4205, EC4206, EC4207, EC4209,
EC4210, EC4211, EC4212) [18JY]
------deductions in mutal life insurance companies final rule
(EC5059) [10SE]
------definition of pooled income fund final rule (EC4524) [2AU]
------definitions relating to corporate reorganization final rule
(EC3173) [23MY]
------depositories for Federal taxes final rule (EC4791) [4SE]
------determination of interest rate final rule (EC3143) [22MY]
(EC3172) [23MY]
------determination of issue price in the case of certain debt
instruments issued for property final rule (EC2689) [30AP]
(EC4289) [23JY]
------determination of issue price relative to certain debt
instruments issued for property final rule (EC4797) [4SE]
------distributions by U.S. corporations (EC5057) [10SE]
------effective date extension for certain payors revising W-9
substitute forms (EC4792) [4SE]
------employee plans and exempt organizations final rule (EC5010)
[10SE]
------enterprise zone facility bonds final rule (EC3362) [4JN]
------environmental settlement funds classification final rule
(EC2736) [1MY]
------examination of returns and claims for refund, credit, or
abatement final rule (EC3285) [30MY]
------extension of time to make elections final rule (EC3920)
[27JN]
------final rule (EC3068) [16MY] (EC3174) [23MY]
------foreign corporation income final rule (EC4161) [16JY]
------gaming industry tip reporting agreement (EC5407) [1OC]
------hairstyling industry tip reporting agreement (EC5408) [1OC]
------income exclusions in Supplemental Security Income Program
final rule (EC5294) [24SE]
------inflation adjustment final rule (EC5011) [10SE]
------inflation-indexed debt instruments final rule (EC5327)
[25SE]
------insurance premium excise tax refund claim filing final rule
(EC4162) [16JY]
------interest netting study final rule (EC5055) [10SE]
------interest rate determination final rule (EC5013) [10SE]
------investment company transfers final rule (EC2737) [1MY]
------involuntary conversions final rule (EC3363) [4JN]
------last-in, first-out inventories final rule (EC3365) [4JN]
(EC4070) [10JY] (EC5056, EC5058) [10SE] (EC5105) [12SE]
(EC5329) [25SE]
------loss payment patterns and discount factors final rule
(EC4796) [4SE]
------losses and deductions use limitations final rule (EC3916)
[27JN]
------low-income housing credit final rule (EC3981) [8JY] (EC4288)
[23JY] (EC5328) [25SE]
------marginal production rates final rule (EC5012) [10SE]
------minimum vesting standards final rule (EC5184) [17SE]
------modification of debt instruments final rule (EC3917) [27JN]
------net operating loss regulations final rule (EC3915) [27JN]
------nonpayroll withheld income taxes final rule (EC3287) [30MY]
------payment by employer of expenses for meals, entertainment,
club dues, and spousal travel final rule (EC3288) [30MY]
------private inurement expressly prohibited for organizations
final rule (EC5108) [12SE]
------processing of returns filed by exempt organizations by Ogden
Service Center final rule (EC3921) [27JN]
------qualified pension, profit-sharing, and stock bonus plans
final rule (EC5183) [17SE]
------refund requests final rule (EC3290) [30MY]
------regulatory reinvention initiative request for comments final
rule (EC5226) [19SE]
------relief from filing form 3115 for a change in methods of
accounting required by statement of financial accounting
standards final rule (EC2688) [30AP]
------revenue ruling final rule (EC2836) [6MY] (EC2892) [8MY]
(EC4888) [5SE] (EC5487) [4OC]
------rulings and determination letters final rule (EC4208) [18JY]
(EC4413) [26JY] (EC5060) [10SE]
------safe harbor for organizations that provide charitable low-
income housing final rule (EC2687) [30AP]
------salvage discount factors for each property and casualty line
of business final rule (EC4795) [4SE]
------Schedule Q final rule (EC3364) [4JN]
------short taxable years relative to controlled groups final rule
(EC3919) [27JN]
------State Systems Advance Planning Docment Process final rule
(EC4798) [4SE]
------substitute information returns preparation final rule
(EC4509) [1AU]
------tax forms and instructions final rule (EC5350) [26SE]
------tax relief for those affected by Operation Joint Endeavor
final rule (EC3222) [29MY]
------tax year 1996 information returns for submission final rule
(EC4291) [23JY]
------taxable income under the profit-split method relative to
possession credits final rule (EC5106) [12SE]
------tax-exempt bond arbitrage requirements compliance final rule
(EC5225) [19SE]
------tax-exempt organizations excise taxes final rule (EC5107)
[12SE]
------tax-exempt organizations information returns final rule
(EC5109) [12SE]
------taxpayer identifying numbers final rule (EC3223) [29MY]
------time for performance of acts when last day for performance
is Saturday, Sunday, or a legal holiday report (EC4793) [4SE]
------treatment of debt instruments final rule (EC2739) [1MY]
------underwriters final rule (EC2735) [1MY]
------weighted average interest rate update final rule (EC3284,
EC3286) [30MY] (EC3980) [8JY] (EC4453) [30JY] (EC5008) [10SE]
(EC5272) [23SE]
------withholding and reporting of certain income paid to foreign
persons final rule (EC2686) [30AP]
------work opportunity tax credit final rule (EC5384) [28SE]
ITC: Andean Trade Preference Act impact report (EC5414) [2OC]
------appropriations legislation (EC2373) [15AP] (EC2956) [10MY]
------broom corn brooms investigation report (EC4889) [5SE]
------Federal Managers' Financial Integrity Act report (EC2060)
[16FE]
------Freedom of Information Act report (EC2169) [4MR]
------Inspector General report (EC3325) [4JN]
------trade between the U.S. and the People's Republic of China,
former Soviet Republics, and other title IV countries report
(EC2172) [4MR] (EC3509) [10JN] (EC5015) [10SE]
------U.S. trade agreements program operation report (EC4800)
[4SE]
Japan-U.S. Friendship Commission: Inspector General report
(EC2400) [16AP]
------report (EC1919) [5JA]
Kennedy Center for the Performing Arts: report (EC3619) [17JN]
Legion of Valor of the U.S. of America, Inc.: audit (EC5322)
[25SE]
Library of Congress: Capitol preservation fund activities report
(EC4974) [11SE]
------national policy on public papers (EC1917) [4JA]
------report (EC3117) [21MY]
------Waiver of Moral Rights in Visual Artworks report (EC2207)
[7MR]
Little League Baseball, Inc.: report (EC1980) [25JA]
LSC: Government in the Sunshine Act report (EC2052) [13FE]
(EC2128) [27FE]
Merit Systems Protection Board: appropriations legislation
(EC3032) [15MY]
------Freedom of Information Act report (EC2187) [5MR]
------Government in the Sunshine Act report (EC1939) [22JA]
------Inspector General report (EC1991) [31JA]
------minority employment in the Federal Government report
(EC4703) [4SE]
------report (EC2412) [17AP]
------statistical report (EC4319) [25JY]
Migratory Bird Conservation Commission: report (EC2100) [23FE]
Minority Business Development Agency: cost-sharing requirements
relative to operation of Minority Business Development Centers
final rule (EC3382) [5JN]
Mississippi River Commission: Government in the Sunshine Act
report (EC2009) [1FE]
Mississippi River Corridor Study Commission: report (EC3251)
[30MY]
NASA: correcting identified material weaknesses report (EC1975)
[25JA]
------Freedom of Information Act report (EC2292) [25MR]
------industrial plant report (EC5292) [24SE]
------Inspector General report (EC3661) [17JN]
------Integrated Financial Managment System report (EC2935) [9MY]
------Subsonic Noise Reduction Technology Program report (EC3982)
[8JY]
------Superfund report (EC2225) [12MR]
National Archives and Records Administration: audiovisual records
management final rule (EC1922) [5JA] (EC3900) [27JN]
------disposition of Federal records final rule (EC2827) [6MY]
------Freedom of Information Act report (EC2261) [19MR]
------preservation of and access to historical materials of the
Nixon administration public regulations final rule (EC2673)
[30AP]
National Bank for Cooperatives Retirement Plan: report (EC2721)
[1MY]
National Bankruptcy Review Commission: Federal Managers' Financial
Integrity Act report (EC1935) [22JA]
National Capital Planning Commission: Federal Managers' Financial
Integrity Act report (EC2447) [23AP]
------Inspector General report (EC2448) [23AP]
National Center for Education Statistics: condition of education
report (EC3304) [4JN]
National Commission on Libraries and Information Science: report
(EC2938) [10MY]
National Council on Disability: achieving independence progress
report (EC4455) [30JY]
------report (EC2293) [26MR]
National Council on Radiation Protection and Measurements: audit
report (EC3964) [8JY]
National Credit Union Administration: Community Development
Revolving Loan Program final rule (EC5277) [24SE]
------Inspector General report (EC3244) [30MY]
------loans in areas having special flood hazards final rule
(EC5281) [24SE]
[[Page 3040]]
------management official interlocks final rule (EC5279) [24SE]
------organization and operations of Federal credit unions final
rule (EC5278) [24SE]
------report (EC2344) [15AP]
------schedules of compensation report (EC2269) [20MR]
------supervisory committee audits and verifications final rule
(EC5280) [24SE]
National Education Goals Panel: Federal Managers' Financial
Integrity Act report (EC2092) [23FE]
------report (EC5401) [1OC]
National Endowment for Democracy: Freedom of Information Act
report (EC2185) [5MR]
------Inspector General report (EC1899) [3JA]
National Endowment for the Arts: Freedom of Information Act report
(EC2357) [15AP]
------report (EC3136) [22MY]
National Endowment for the Humanities: Federal Managers' Financial
Integrity Act report (EC2295) [26MR]
------Freedom of Information Act report (EC2251) [14MR]
National Foundation on the Arts and Humanities: Arts and Artifacts
Indemnity Program report (EC2346) [15AP]
National Gallery of Art: Federal Managers' Financial Integrity Act
report (EC2037) [9FE]
National Mediation Board: Federal Managers' Financial Integrity
Act report (EC3154) [23MY]
National Mining Hall of Fame and Museum: report (EC3253) [30MY]
National Park Foundation: report (EC2264) [19MR]
National Science Board: Inspector General report (EC3398) [5JN]
National Tropical Botanical Garden: audit report (EC3965) [8JY]
National Weather Service: modernization legislation (EC2951)
[10MY]
Naval Sea Cadet Corps: audit report (EC2306) [27MR]
Neighborhood Reinvestment Corp.: Government in the Sunshine Act
report (EC2449) [23AP]
------report (EC2751) [2MY]
Ninth Farm Credit District: report (EC1953) [23JA]
NIST: Fire Research Grants Program continuation final rule
(EC2832) [6MY]
------grants, materials, science, and engineering laboratory funds
availability final rule (EC2831) [6MY]
NLRB: Federal Managers' Financial Integrity Act report (EC2145)
[29FE]
------Freedom of Information Act report (EC2674) [30AP]
------Government in the Sunshine Act report (EC2093) [23FE]
NOAA: Alaska exclusive economic zone final rule (EC3704) [18JN]
------Alaska exclusive economic zone fisheries final rule (EC4003,
EC4004) [9JY] (EC4064) [10JY] (EC4436, EC4440, EC4441) [30JY]
(EC4722, EC4724, EC4727, EC4728, EC4729) [4SE] (EC4731,
EC4732, EC4733) [4SE] (EC5041) [10SE] (EC5100, EC5101) [12SE]
(EC5202, EC5203, EC5204) [18SE] (EC5252) [23SE] (EC5320)
[25SE] (EC5340) [26SE] (EC5476) [4OC]
------Alaska scallop fisheries final rule (EC4435) [30JY]
------Aleutian and Alaskan groundfish final rule (EC2889) [8MY]
(EC2912) [9MY] (EC3086) [20MY]
------anchovy fisheries final rule (EC5198) [18SE]
------Arctic water marine mammals caught in small takes incidental
to specified activities interim rule (EC2852) [7MY]
------Atlantic mackerel, squid, and butterfish fisheries final
rule (EC3004) [14MY]
------Atlantic striped bass fishery final rule (EC3547) [12JN]
------Atlantic swordfish fisheries final rule (EC3456) [12JN]
(EC4099) [11JY] (EC4307, EC4308) [24JY]
------Atlantic tuna fisheries final rule (EC3901) [27JN] (EC4423,
EC4424) [29JY] (EC4716) [4SE] (EC4736) [4SE] (EC4989) [10SE]
(EC5403) [1OC]
------Bering Sea and Aleutian Islands area groundfish final rule
(EC3702, EC3703) [18JN] (EC3826, EC3829) [25JN] (EC3960) [8JY]
(EC4434) [30JY] (EC4717, EC4720, EC4726) [4SE]
------Bering Sea and Aleutian Islands groundfish and Aleutian
Western District Pacific perch final rule (EC3138) [22MY]
------Bering Sea and Aleutian Islands Pacific cod fishing by
vessels final rule (EC3087, EC3088, EC3089) [20MY]
------Bering Sea and Aleutian Islands Pacific perch in the Eastern
Aleutian District final rule (EC3410) [5JN]
------Bering Sea and Aleutian Islands vessels using trawl gear
final rule (EC3404) [5JN] (EC4725) [4SE]
------Block Island Sound fishing closure final rule (EC3328) [4JN]
------Block Island Sound lobster closure final rule (EC3329) [4JN]
------Caribbean, Gulf of Mexico, and South Atlantic fisheries
final rule (EC3903) [27JN] (EC4986, EC4988) [10SE] (EC5040)
[10SE] (EC5167) [17SE] (EC5201) [18SE] (EC5253) [23SE]
------Climate and Global Change Program final rule (EC3606) [13JN]
------Coastal Zone Management Program regulations final rule
(EC3902) [27JN]
------fishing capacity reduction initiative final rule (EC4990)
[10SE]
------foreign and domestic fishing, scientific research, and
exempted fishing final rule (EC3195) [29MY]
------general provisions for domestic fisheries extension of
emergency fishing closure in Black Island Sound final rule
(EC3412) [5JN]
------Gulf of Alaska groundfish and Pacific cod in the central
regulatory area final rule (EC3005) [14MY] (EC3033) [15MY]
------Gulf of Alaska groundfish final rule (EC3403, EC3405,
EC3406, EC3407, EC3408, EC3409) [5JN] (EC4005) [9JY] (EC4309)
[24JY] (EC4719) [4SE]
------Gulf of Alaska groundfish recordkeeping and requirements
final rule (EC3139) [22MY]
------Gulf of Alaska perch final rule (EC4437) [30JY]
------Gulf of Alaska pollock final rule (EC5289, EC5290) [24SE]
------Gulf of Alaska rockfish final rule (EC4179) [17JY] (EC4438)
[30JY] (EC5340, EC5341) [26SE]
------Gulf of Alaska shallow-water species fishing by vessels
using trawl gear final rule (EC3120) [21MY]
------Gulf of Mexico Fisheries Disaster Program final rule
(EC3477) [10JN]
------Gulf of Mexico reef fish fisheries final rule (EC3830)
[25JN] (EC5197) [18SE]
------Gulf of Mexico shrimp fishery final rule (EC3119) [21MY]
------international fisheries regulations final rule (EC4439)
[30JY]
------international regulations relative to halibut fisheries
final rule (EC4735) [4SE]
------longline pot gear final rule (EC5341) [26SE]
------Magnuson Act final rule (EC3755) [20JN] (EC5475) [4OC]
------marine mammals and dolphin safe tuna labeling regulation
consolidation final rule (EC3236) [30MY]
------Northeast multispecies fishery final rule (EC3413) [5JN]
------Northeastern U.S. fisheries final rule (EC3958) [8JY]
(EC4101) [11JY] (EC4476) [31JY] (EC4723) [4SE] (EC4987) [10SE]
(EC5086) [12SE] (EC5251) [23SE]
------ocean salmon fisheries final rule (EC3827) [25JN]
------Ocean Thermal Energy Conservation Licensing Program final
rule (EC2952) [10MY]
------Pacific groundfish fisheries final rule (EC2913) [9MY]
(EC4100) [11JY]
------Pacific halibut fisheries final rule (EC3411) [5JN] (EC3664)
[17JN] (EC4153) [16JY]
------Pacific perch final rule (EC2889) [8MY] (EC4180, EC4181,
EC4182) [17JY] (EC4718) [4SE]
------Pacific salmon fisheries final rule (EC4002) [9JY] (EC4433)
[30JY] (EC4730, EC4734) [4SE]
------Pacific whiting at-sea processing final rule (EC3476) [10JN]
------Pribilof Environmental Restoration Program financial
assistance final rule (EC3140) [22MY]
------seabed mining report (EC2283) [21MR]
------special exception permits to take, import, and export marine
mammals final rule (EC2948) [10MY]
------State quota adjustments to summer flounder fishery final
rule (EC2853) [7MY]
------U.S. lobster fishery final rule (EC3034) [15MY]
------Washington, Oregon, and California ocean salmon fisheries
final rule (EC3006) [14MY] (EC3196) [29MY]
------Western Pacific and west coast fisheries final rule (EC3959)
[8JY] (EC4721) [4SE] (EC5081) [11SE] (EC5099) [12SE] (EC5196,
EC5199, EC5200) [18SE]
------whaling regulations final rule (EC3444) [7JN]
NRC: abnormal occurrences at licensed nuclear facilities (EC2079)
[23FE]
------appropriations legislation (EC3922) [27JN]
------codes and standard for nuclear power plants final rule
(EC4621) [4SE]
------decommissioning of nuclear power reactors final rule
(EC4406) [26JY]
------deletion of outdated references and minor change final rule
(EC4622) [4SE]
------enforcement manual change notice final rule (EC4175) [17JY]
------environmental review for renewal of nuclear powerplant
operating licenses final rule (EC3467) [10JN]
------export of nuclear equipment and materials final rule
(EC4090) [11JY]
------Federal Managers' Financial Integrity Act report (EC1915)
[4JA]
------Freedom of Information Act report (EC2237) [12MR]
------Government in the Sunshine Act report (EC2314) [28MR]
------human-system interface design review guideline final rule
(EC5161) [17SE]
------licensing support system topical guidelines final rule
(EC5193) [18SE]
------maintenance rule and steam generator inspections guidelines
final rule (EC5426) [3OC]
------metric system conversion final rule (EC3840) [25JN]
------nondisclosure of safeguards information report (EC2031)
[9FE] (EC2847) [7MY] (EC4623) [4SE]
------production and utilization facilities emergency planning and
preparedness final rule (EC3590) [13JN]
------protect identities of confidential sources final rule
(EC2987) [14MY] (EC3131) [22MY]
------recordkeeping requirements relative to termination or
transfer of license (EC2988) [14MY]
------rule to establish license and annual fees (EC2388) [16AP]
------Safety Research Program report (EC2153) [4MR]
------safety system regulatory guide revision final rule (EC4148)
[16JY]
------spent nuclear fuel storage capacity determining criteria and
procedures final rule (EC4149) [16JY]
NSC: Freedom of Information Act report (EC2146) [29FE]
NSF: Federal Managers' Financial Integrity Act report (EC2159)
[4MR]
------Freedom of Information Act report (EC2158) [4MR]
------Inspector General report (EC3856) [26JN]
NTSB: budget appeal (EC2103) [23FE]
------Freedom of Information Act Report (EC2160) [4MR]
------Government in the Sunshine Act report (EC2094) [23FE]
Nuclear Facilities Safety Board: Federal Managers' Financial
Integrity Act report (EC1934) [22JA]
------health and safety activities report (EC2461) [23AP]
Nuclear Waste Technical Review Board: disposal and storage of
spent nuclear fuel report (EC5285) [24SE]
------Federal Managers' Financial Integrity Act report (EC1924)
[5JA]
[[Page 3041]]
------findings and recommendations report (EC3115) [21MY]
------Inspector General report (EC1923) [5JA]
Office of Administration: Federal Managers' Financial Integrity
Act report (EC2252) [14MR]
Office of Civilian Radioactive Waste Management: activities and
expenditures report (EC4041) [10JY]
Office of Compliance: adopted regulations publication notice
(EC4115) [11JY] (EC4803) [4SE]
------Americans With Disabilities Act compliance inspections
report (EC4117) [11JY]
------OSHA compliance inspections report (EC4116) [11JY]
------proposed rulemaking notice (EC4114) [11JY] (EC5111) [12SE]
(EC5228, EC5229) [19SE]
Office of Federal Housing Enterprise Oversight: Federal Managers'
Financial Integrity Act report (EC1900) [3JA]
------Freedom of Information Act report (EC2161) [4MR]
Office of Government Ethics: executive branch officials disclosure
final rule (EC3845) [25JN]
------extension and revocation of post-employment waiver final
rule (EC3415) [5JN]
------Freedom of Information Act report (EC2358) [15AP]
------report (EC2374) [15AP]
------standards of ethical conduct for executive branch employees
final rule (EC5323) [25SE]
Office of Independent Counsel: Inspector General report (EC3245)
[30MY]
------Ronald H. Brown report (EC4102) [11JY]
Office of National Drug Control Policy: Freedom of Information Act
report (EC2244) [13MR]
Office of Science and Technology Policy: Freedom of Information
Act report (EC2163, EC2164) [4MR]
Office of Special Counsel: Federal Managers' Financial Integrity
Act report (EC1940) [22JA]
------Freedom of Information Act report (EC2219) [8MR]
------report (EC2359) [15AP]
Office of the U.S. Trade Representative: Freedom of Information
Act report (EC2190) [5MR]
Office of Thrift Supervision: Community Reinvestment Act
regulations final rule (EC2802) [6MY]
------Community Reinvestment Act report (EC3185) [29MY]
------compensation plan (EC2477) [24AP]
------consumer report (EC2462) [23AP]
------decisions review (EC4143) [16JY]
------enforcement actions and initiatives (EC4144) [16JY]
------interagency guidelines establishing standards for safety and
soundness final rule (EC4579) [4SE]
------lending and investment final rule (EC5121) [16SE]
------loans in special flood hazard areas final rule (EC4814)
[5SE]
------management official interlocks final rule (EC4295) [24JY]
------preservation of minority savings institutions report
(EC2971) [14MY]
------regulatory resources operations changes and progress report
(EC4189) [18JY]
------Uniform Rules of Practice and Procedure report (EC2476)
[24AP]
OMB: accounting standard for Federal property, plant, and
equipment (EC2095) [23FE]
------agency compliance relative to unfunded mandates reform
(EC2296) [26MR]
------budget authority and outlays (EC5190) [18SE] (EC5282) [24SE]
(EC5300) [25SE] (EC5455) [4OC]
------budget rescissions and deferrals (EC1931) [22JA] (EC2062)
[20FE] (EC2338) [15AP] (EC3448) [10JN] (EC3576) [13JN]
(EC4075) [11JY] (EC4559) [4SE] (EC5187) [18SE]
------changes in outlays or receipts (EC1920) [5JA] (EC2114,
EC2115) [27FE] (EC2249) [14MR] (EC2385, EC2386, EC2387) [16AP]
(EC2695) [1MY] (EC3145) [23MY] (EC3303) [4JN] (EC3378) [5JN]
(EC3616) [17JN] (EC4082) [11JY] (EC4167) [17JY] (EC4188)
[18JY] (EC4388, EC4389) [26JY] (EC4491) [1AU] (EC4580, EC4581,
EC4582, EC4583, EC4584, EC4585) [4SE] (EC4917) [10SE]
------changes in outlays or receipts relative to Doug Barnard,
Jr., commemorative coins minting (EC1886) [3JA]
------changes in outlays or receipts relative to Private
Securities Litigation Reform Act (EC1885) [3JA]
------Cost Accounting Standards Board report (EC3084) [20MY]
------direct spending or receipts legislation (EC2271) [20MR]
------executive, management, and supervisory development final
rule (EC4966) [10SE]
------Federal financial management status and Government-wide 5-
year financial management plan report (EC1976) [25JA]
------Federal financial management status report and Government-
wide financial management plan (EC4152) [16JY]
------Federal stewardship properties, investments, and
responsibilities report (EC4059) [10JY]
------Freedom of Information Act report (EC2162) [4MR]
------military personnel accounts sequester exemption (EC4552)
[4SE]
------new budget authority and outlays (EC2224) [12MR] (EC2345)
[15AP]
------sequestration update report (EC4558) [4SE]
------statistical confidentiality legislation (EC2837) [6MY]
------statistical programs report (EC2138) [28FE]
------technical assumptions to be used in preparing national
defense function outlay estimates (EC3614) [17JN]
------work first and personal responsibility legislation (EC2645)
[29AP]
OPIC: Chief Financial Officers Act report (EC2360) [15AP]
------Freedom of Information Act report (EC2232) [12MR]
OPM: abolishment of Merced, CA, nonappropriated fund wage area
final rule (EC3247) [30MY]
------abolishment of nonappropriated fund wage area final rule
(EC4968) [10SE] (EC5139) [16SE]
------Administrative Law Judge Examination funding final rule
(EC4321) [25JY]
------agency relationships with organizations representing Federal
employees and other organizations final rule (EC3857) [26JN]
------alternative forms of retirement annunity final rule (EC2887)
[8MY]
------Civil Service retirement and disability fund report (EC2759)
[2MY]
------Dept. of the Air Force personnel demonstration project
notice (EC3541) [12JN]
------determination relative to use of other than competitive
procedures to award contract (EC2231) [12MR]
------elections of retirement coverage final rule (EC4704) [4SE]
------Federal employee reduction assistance legislation (EC2946)
[10MY]
------Federal Employees Health Benefits Program final rule
(EC2725) [1MY] (EC4196) [18JY] (EC5314) [25SE]
------Federal Equal Opportunity Recruitment Program report
(EC4320) [25JY]
------Federal Managers' Financial Integrity Act report (EC1925)
[5JA]
------Federal Wage System Wage Areas prevailing rate systems final
rule (EC2851) [7MY]
------final rule (EC2886) [8MY]
------Freedom of Information Act report (EC2245) [13MR]
------Inspector General report (EC3321) [4JN]
------interim geographic pay adjustments termination final rule
(EC3955) [8JY]
------locality-based comparability payments (EC1887) [3JA]
------pay under general schedule final rule (EC4705) [4SE]
------physicians' comparability allowance report (EC4946) [10SE]
------political activities of Federal employees final rule
(EC4094) [11JY]
------prevailing rate systems final rule (EC4093) [11JY] (EC5165)
[17SE]
------separate maintenance allowance for duty at Johnston Island
final rule (EC3246) [30MY]
------use of private sector temporaries final rule (EC2675) [30AP]
OSHA: personal protective equipment for general industry final
rule (EC2753) [2MY]
Panama Canal Commission: Federal Managers' Financial Integrity Act
report (EC1954) [23JA]
------Freedom of Information Act report (EC2220) [8MR]
------Inspector General report (EC3322) [4JN]
------legislation (EC4163) [16JY]
------report (EC1997) [1FE]
Pennsylvania Avenue Development Corp.: Chief Financial Officers
Act report (EC2413) [17AP]
------Freedom of Information Act report (EC2165) [4MR]
Pension Benefit Guaranty Corp.: allocation of assets in single-
employer plans final rule (EC4087) [11JY] (EC4590) [4SE]
(EC5027) [10SE]
------financial report (EC2309) [27MR]
------Freedom of Information Act report (EC2262) [19MR]
------Inspector General report (EC3391) [5JN]
------late premium payments, employer liability underpayments and
overpayments, and interest rates for determining variable rate
premium final rule (EC2664) [30AP]
------notice and collection of withdrawal liability and adoption
of new interest rates final rule (EC2664) [30AP]
------reorganization, renumbering, and reinvention of regulations
final rule (EC3876) [27JN] (EC4086) [11JY]
------valuation of plan benefits final rules (EC2664) [30AP]
(EC2939) [10MY] (EC2973) [14MY] (EC3579) [13JN]
Physician Payment Review Commission: Medicare volume performance
standards and fee update recommendations (EC3095) [20MY]
------report (EC2463) [23AP]
Postal Rate Commission: Freedom of Information Act report (EC1936)
[22JA]
------Government in the Sunshine Act report (EC1937) [22JA]
Postal Service: Freedom of Information Act report (EC2426) [19AP]
------Government in the Sunshine Act report (EC2070) [20FE]
Potomac Electric Power Co.: balance sheet (EC2032) [9FE]
Prospective Payment Assessment Commission: health care spending
report (EC2210) [7MR]
Railroad Retirement Board: budget estimates justification report
(EC2253) [14MR]
------budget legislation (EC5209) [18SE]
------canceling of annuities to divorced spouses whose widows
elect to receive lump sum payments (EC4216) [18JY]
------compensation creditability statute of limitations
legislation (EC5110) [12SE]
------determination relative to ability to pay benefits (EC5085)
[11SE]
------Federal Managers' Financial Integrity Act report (EC1926)
[5JA]
------Freedom of Information Act report (EC2166) [4MR]
------Government in the Sunshine Act report (EC2361) [15AP]
------Inspector General budget request (EC5098) [12SE]
------Inspector General report (EC4060) [10JY]
------labor member letter relative to statute of limitations
application to compensation creditability (EC4292) [23JY]
------report (EC2055) [13FE]
------retirement system actuarial status report (EC4136) [12JY]
------unemployment insurance debt collection improvement
legislation (EC4787) [4SE]
Rehabilitation Services Administration: Rehabilitation Act
administration report (EC2752) [2MY]
[[Page 3042]]
Reserve Officers Association: financial audit (EC4999) [10SE]
Resolution Funding Corp.,: Inspector General report (EC3399) [5JN]
SBA: budget implementation legislation (EC4185) [17JY]
------Federal Managers' Financial Integrity Act report (EC2305)
[27MR]
------Freedom of Information Act report (EC2235) [12MR]
------Inspector General report (EC1955) [23JA] (EC4062) [10JY]
------minority small business and capital ownership development
report (EC4275) [22JY]
SEC: eliminating fees final rule (EC5239) [23SE]
------exemption for certain California limited issues final rule
(EC2849) [7MY]
------Federal Managers' Financial Integrity Act report (EC1927)
[5JA]
------Freedom of Information Act report (EC2186) [5MR]
------Government in the Sunshine Act report (EC3542) [12JN]
(EC5166) [17SE]
------Inspector General report (EC3248) [30MY]
------markets for small businesses report (EC5334) [26SE]
------obligations of officers, directors, and principal security
holders final rule (EC3383) [5JN]
------open-end management investment company distribution of
shares final rule (EC5033) [10SE]
------open-end management investment company imposition of
deferred sales loans final rule (EC5034) [10SE]
------order execution obligations final rule (EC4835) [5SE]
(EC5035) [10SE]
------recommendations of task force on disclosure simplification
final rule (EC3384) [5JN]
------relief from reporting by small issuers final rule (EC2848)
[7MY]
------report correction (EC5080) [11SE]
------securities fraud, abuse, and litigation protection report
(EC4113) [11JY]
------Securities Investor Protection Corp., report (EC3887) [27JN]
------uniform broker-dealer registration form final rule (EC4150)
[16JY]
------use of electronic media for delivery purposes final rule
(EC2940) [10MY] (EC2941) [10MY]
Secret Service: color illustrations of U.S. currency final rule
(EC4741) [4SE]
Selective Service System: Freedom of Information Act report
(EC2234) [12MR]
Smithsonian Institution: Inspector General report (EC3698) [18JN]
Social Security Administration: Federal old-age survivors and
disability insurance, determining disability and blindness,
and extension of expiration date for musculoskeletal systems
listings final rule (EC3440) [6JN]
------Freedom of Information Act report (EC2315) [28MR]
------full-time elementary or secondary school student final rule
(EC4314) [24JY]
------Inspector General report (EC3699) [18JN]
------lump-sum death payment final rule (EC5014) [10SE]
------Social Security Act legislation (EC3447) [7JN]
------Social Security Domestic Employment Reform Act final rule
(EC4313) [24JY]
------Social Security Independence and Program Improvements Act
final rule (EC4313) [24JY]
------statements on earnings and benefits final rule (EC2405)
[16AP]
------vocational rehabilitation services payment final rule
(EC3712) [18JN]
State Justice Institute: Federal Managers' Financial Integrity Act
report (EC1978) [25JA]
------Inspector General report (EC1903) [3JA]
Supreme Court: administrative costs of protecting Supreme Court
officials (EC2170) [4MR]
------Federal Rules of Appellate Procedure amendments (EC2489)
[24AP]
------Federal Rules of Bankruptcy Procedure amendments (EC2490)
[24AP]
------Federal Rules of Civil Procedure amendments (EC2487) [24AP]
------Federal Rules of Criminal Procedure amendments (EC2488)
[24AP]
------Judicial Conference of the U.S. report (EC4065) [10JY]
------term opening (EC5206) [18SE]
Surface Transportation Board: acquisition or operation of rail
lines final rule (EC3839) [25JN]
------boxcar traffic filing final rule (EC3357) [4JN]
------connecting railroad track final rule (EC3680) [17JN]
------ferrous recyclables exemption (EC5150) [16SE]
------intermodal traffic final rule (EC3804) [24JN]
------licensing and related services service fees final rule
(EC5005) [10SE]
------rate changes for pipeline common carriage final rule
(EC4067) [10JY]
------rate changes for rail common carriage final rule (EC4066)
[10JY]
Susquehanna River Basin Commission: Federal Managers' Financial
Integrity Act report (EC1904) [3JA]
------Inspector General report (EC2401) [16AP]
Texas, Republic of: Diplomatic Notice of Perfection of
International Relations Between the U.S. and the Republic of
Texas (EC2607) [29AP]
Thrift Depositor Oversight Protection Board: coordinated pursuit
of claims final report (EC2803) [6MY]
------Inspector General report (EC2097) [23FE]
------FDIC activities and efforts report (EC2804) [6MY]
------Freedom of Information Act report (EC2167) [4MR]
------Inspector General report (EC1905) [3JA]
------inventory of real property assets under RTC report (EC2270)
[20MR] (EC2285) [22MR]
------report (EC4815) [5SE]
------Resolution Funding Corp., report (EC3377) [5JN]
------RTC activities and efforts report (EC2804) [6MY]
------RTC professional liability litigation report (EC2803) [6MY]
------RTC report (EC4081) [11JY] (EC4815) [5SE]
TVA: Freedom of Information Act report (EC4971) [10SE]
------Government in the Sunshine Act report (EC3543) [12JN]
U.S. Copyright Office: Freedom of Information Act report (EC2188)
[5MR]
U.S. Court of Appeals: District of Columbia circuit opinion
(EC2030, EC2038, EC2040) [9FE] (EC2429) [19AP] (EC4006) [9JY]
(EC4940, EC4972, EC5000) [11SE] (EC5312) [25SE] (EC5316,
EC5324) [25SE]
U.S. Enrichment Corp.: Federal Managers' Financial Integrity Act
report (EC2450) [23AP]
U.S. Fish and Wildlife Service: admission to Oregon Caves National
Monument final rule (EC3250) [30MY]
------bismuth-tin shot final rule (EC4712) [4SE]
------California red-legged frog threatened status final rule
(EC3118) [21MY]
------hunting and sport fishing in national wildlife refuges final
rule (EC4978, EC4981) [10SE]
------Lassen Volcanic National Park final rule (EC4979) [10SE]
------migratory birds final rule (EC4845) [5SE] (EC4980, EC4982)
[10SE] (EC5016) [10SE] (EC5141) [16SE] (EC5221) [19SE]
(EC5288) [24SE] (EC5318, EC5319) [25SE]
------subsistence management regulations for public lands in
Alaska final rule (EC3085) [20MY]
------threatened wildlife and plants final rule (EC6039) [10SE]
(EC5428, EC5429, EC5430, EC5431, EC5432, EC5433) [3OC]
(EC5472, EC5474) [4OC]
------zoning standards final rule (EC4713) [4SE]
U.S. Sentencing Commission: activities report (EC3123) [21MY]
------sentencing guidelines for computer fraud and vandalism
offenses report (EC3832) [25JN]
------sex offenses against children report (EC3757) [20JN]
U.S. Trade and Development Agency: Freedom of Information Act
report (EC2168) [4MR]
USIA: Exchange Visitor Program final rule (EC3705) [18JN] (EC5047)
[10SE]
------Federal Managers' Financial Integrity Act report (EC1979)
[25JA]
------Freedom of Information Act report (EC2189) [5MR]
------Inspector General report (EC3324) [4JN]
VFW: convention report (EC1932) [22JA]
Women's Army Corps Veterans Association: report (EC5291) [24SE]
EXECUTIVE DEPARTMENTS
Appointments
Conferees: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
------setting forth the Federal budget for 1996-2002 (H. Con. Res.
66), consideration (see H. Res. 424) [2MY]
------setting forth the Federal budget for 1997-2002 (see H. Con.
Res. 174, 178) [9MY] [14MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration (see H. Res. 435) [15MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration of conference report (see H. Res. 450)
[10JN]
Contracts: limit Federal agency payments to contractors for the
compensation of any individual (see H.R. 3513) [22MY]
------minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
Dept. of Defense: expand authority to donate unusable food (see
H.R. 3312) [24AP]
------making appropriations (see H.R. 3610) [11JN]
------making appropriations (H.R. 3610), consideration (see H.
Res. 453) [12JN]
------prohibit additional payments and revise certain reporting
requirements for restructuring costs under defense contracts
(see H.R. 3608) [10JN]
------prohibit payment under defense contracts of restructuring
costs for mergers or acquisitions (see H.R. 3433) [10MY]
------prohibit the sale or distribution of sexually explicit
material to any individual (see H.R. 3300) [23AP]
Dept. of Energy: authorize hydrogen research, development, and
demonstration programs (see H.R. 4138) [24SE]
Dept. of HHS: employment opportunities for women scientists (see
H.R. 3791) [11JY]
Dept. of HUD: occupancy standards relative to purchasers of single
family residential properties (see H.R. 4141) [24SE]
Dept. of Justice: establish ethics standards for prosecutors (see
H.R. 3386) [1MY]
Dept. of State: consolidate foreign affairs agencies (H.R. 1561),
consideration of conference report (see H. Res. 375) [7MR]
[[Page 3043]]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 3675) [19JN]
------making appropriations (H.R. 3675), consideration (see H.
Res. 460) [25JN]
------making appropriations (H.R. 3675), consideration of
conference report (see H. Res. 522) [17SE]
Dept. of Veterans Affairs: compliance with veterans' preference
requirements (see H.R. 3594) [6JN]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
------making appropriations (H.R. 3755), consideration (see H.
Res. 472) [9JY]
Federal employees: ban acceptance of gifts (see H.R. 3797) [11JY]
------enable agencies to design personnel systems relative to
their mission (see H.R. 3483) [16MY]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (see H.R. 3166)
[27MR]
------applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (H.R. 3166), concur
with Senate amendments (see H. Res. 535) [25SE]
------assure operations are free of racial, sexual, and ethnic
discrimination (see H.R. 3190) [28MR]
------authorize alternative dispute resolution systems (see H.R.
4194) [26SE]
------establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061, 4319) [11SE] [28SE]
------improve debt-collection and credit evaluation practices (see
H.R. 3809) [12JY]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
------requirements for leasing of space by Federal agencies (see
H.R. 2904) [26JA]
Government regulations: require reasonable notice to businesses of
changes made to regulations imposed by Federal agencies (see
H.R. 3307) [24AP]
------term limits on regulatory agency members (see H.R. 3423)
[9MY]
Lobbyists: prohibit use of funds by Federal agencies to lobby for
or against any legislative proposal (see H.R. 3078) [13MR]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
Permanent Performance Review Commission: establish (see H.R. 3982)
[2AU]
Small business: reform regulatory process (see H.R. 3798) [11JY]
------reform regulatory process (H.R. 994), consideration (see H.
Res. 368) [29FE]
------strengthen Federal contracting opportunities and assess
impact of contract bundling by Federal agencies (see H.R.
4313) [28SE]
U.S. Trade Administration: establish (see H.R. 4328) [28SE]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Dept. of Defense Appropriations (H.R. 3610) [28SE]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
[7JN]
Messages
Dept. of HUD Annual Report: President Clinton [29JY]
Dept. of the Interior and Related Agencies Appropriations:
President Clinton [29AP]
Dept. of Transportation Annual Report: President Clinton [25JA]
Federal Budget for Fiscal Year 1997: President Clinton [19MR]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Veto of H.R. 1561, American Overseas Interests Act: President
Clinton [15AP]
Motions
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY] [24JY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178) [30MY]
Dept. of Defense: making appropriations (H.R. 3610) [30JY]
------making appropriations (H.R. 3610), conference report [28SE]
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675) [5SE]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002: Committee on Rules
(House) (H. Res. 450) (H. Rept. 104-615) [10JN]
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation: Committee on Rules (House) (H. Res.
375) (H. Rept. 104-476) [7MR]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 522) (H. Rept. 104-803) [17SE]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002: Committee on Rules (House) (H. Res. 435)
(H. Rept. 104-577) [15MY]
Consideration of H.R. 994, Regulatory Sunset and Review Act:
Committee on Rules (House) (H. Res. 368) (H. Rept. 104-464)
[29FE]
Consideration of H.R. 3610, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 453) (H. Rept. 104-619)
[12JN]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
460) (H. Rept. 104-633) [25JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Dept. of Defense Appropriations: Committee of Conference (H.R.
3610) (H. Rept. 104-863) [28SE]
------Committee on Appropriations (House) (H.R. 3610) (H. Rept.
104-617) [11JN]
Dept. of Transportation and Related Agencies Appropriations:
Committee of Conference (H.R. 3675) (H. Rept. 104-785) [16SE]
------Committee on Appropriations (House) (H.R. 3675) (H. Rept.
104-631) [19JN]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
Federal Government Management--Examining Government Performance as
We Near the Next Century (H. Rept. 104-861) [28SE]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
Revised Subdivision of Budget Totals for Fiscal Year 1997:
Committee on Appropriations (House) (H. Rept. 104-727) [31JY]
Setting Forth the Federal Budget for 1997-2002: Committee of
Conference (H. Con. Res. 178) (H. Rept. 104-612) [7JN]
------Committee on the Budget (House) (H. Con. Res. 178) (H. Rept.
104-575) [14MY]
Subdivision of Budget Totals for Fiscal Year 1997: Committee on
Appropriations (House) (H. Rept. 104-594) [23MY]
EXECUTIVE OFFICE OF THE PRESIDENT
related term(s) White House
Bills and resolutions
Budget: require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 3756) [8JY]
------making appropriations (H.R. 3756), consideration (see H.
Res. 475) [11JY]
Executive departments: ban acceptance of gifts by employees (see
H.R. 3797) [11JY]
FBI: ensure privacy and security of background reports (see H.R.
3785) [11JY]
Government: applicability of certain laws (see H.R. 3452) [14MY]
------civil remedies for the request or receipt of protected
records for nonroutine use (see H.R. 3687) [20JN]
Independent counsel: reform statute (see H.R. 3239) [15AP]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments (see H.R. 4118)
[19SE]
------limit authority of the President to designate certain areas
as national monuments in California (see H.R. 4242) [27SE]
Office of the Inspector General: establish (see H.R. 3872) [23JY]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
White House Travel Office: abolish (see H.R. 2888) [25JA]
------relief of individuals terminated from employment (see H.R.
2894, 2937) [25JA] [1FE]
Motions
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
Reports filed
Applicability of Certain Laws Relative to the Executive Office of
the President: Committee on Government Reform and Oversight
(House) (H.R. 3452) (H. Rept. 104-820) [24SE]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Commit
[[Page 3044]]
tee on Rules (House) (H. Res. 475) (H. Rept. 104-671) [11JY]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 3756) (H. Rept. 104-660) [8JY]
Federal Government Management--Examining Government Performance as
We Near the Next Century (H. Rept. 104-861) [28SE]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
Relief of Individuals Terminated From White House Travel Office:
Committee on the Judiciary (House) (H.R. 2937) (H. Rept. 104-
484) [18MR]
White House Communications Agency Review: Committee on Government
Reform and Oversight (House) (H. Rept. 104-748) [2AU]
White House Travel Office Firings and Related Matters: Committee
on Government Reform and Oversight (House) (H. Rept. 104-849)
[26SE]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
EXPLOSIVES
related term(s) Firearms
Bills and resolutions
Aviation: require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
International relations: improve awareness, detection, and
clearance of antipersonnel landmines and explosive ordnance
(see H.R. 3725) [26JN]
Terrorism: U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Reports filed
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
EXPORT ADMINISTRATION ACT
Bills and resolutions
Foreign trade: treatment of exports to countries identified as
state sponsors of terrorism (see H.R. 3109) [19MR]
Messages
National Emergency Relative to Lapse of Export Administration Act:
President Clinton [4JN]
EXPORT-IMPORT BANK
Bills and resolutions
SBA: participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
EXPORTS
see Foreign Trade
FAIR HOUSING ACT
Bills and resolutions
Amend (see H.R. 4019) [4SE]
FAIR LABOR STANDARDS ACT
Bills and resolutions
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Dept. of Defense: prohibit sale in commissary or exchange stores
of imported items not produced under minimum labor standards
(see H.R. 3843) [17JY]
Employment: disregard additional payments for calculation of
overtime compensation (see H.R. 3087) [14MR]
------overtime requirements of certain law enforcement employees
working at police training facilities (see H.R. 4172) [25SE]
------provide an exemption of overtime compensation for employees
of contractors of the Federal Government (see H.R. 3094)
[14MR]
------provide compensatory time for all employees (H.R. 2391),
consideration (see H. Res. 488) [24JY]
------provide limited overtime exemption for emergency medical
services personnel (see H.R. 3212) [29MR]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
Federal contracts: require employers to provide health and pension
plans (see H.R. 3528) [23MY]
Health: limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
Minimum wage: level (see H.R. 3481) [16MY]
Volunteer workers: allow State and local government workers to
perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
Reports filed
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements: Committee on Economic and Educational
Opportunities (House) (H.R. 2531) (H. Rept. 104-592) [23MY]
Consideration of H.R. 2391, Working Families Flexibility Act:
Committee on Rules (House) (H. Res. 488) (H. Rept. 104-704)
[24JY]
Provide Compensatory Time for All Employees: Committee on Economic
and Educational Opportunities (House) (H.R. 2391) (H. Rept.
104-670) [11JY]
FAIR TRADE LAWS
see Foreign Trade
FALEOMAVAEGA, ENI F.H. (a Delegate from American Samoa)
Bills and resolutions introduced by
American Samoa: clarify rules of origin for textile and apparel
products BRh3761 [9JY]
------require U.S. nationals accepted in ROTC programs to apply
for citizenship (see H.R. 3327) [25AP]
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
Omnibus Territories Act: enact (see H.R. 3721) [26JN]
FALL RIVER COUNTY, SD
Bills and resolutions
Water: construction of rural water system (see H.R. 3985) [2AU]
FALSE STATEMENTS ACCOUNTABILITY ACT
Bills and resolutions
Enact (H.R. 3166): concur with Senate amendments (see H. Res. 535)
[25SE]
FAMILIES AND DOMESTIC RELATIONS
related term(s) Children and Youth
Appointments
Conferees: H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
Armed Forces: revise payment of retired pay to former spouses of
retired members (see H.R. 3408) [7MY]
Aviation: requirements relative to families of passengers involved
in aircraft accidents (see H.R. 3923) [31JY]
Business and industry: ensure economic equity for women (see H.R.
3857) [18JY]
------provide leave for employees relative to adopted or foster
children (see H.R. 3681) [19JN]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
Capital punishment: attendance by families of victims at the
execution of the murderers (see H.R. 3220) [29MR]
Capitol Building and Grounds: authorizing use of Grounds for
Congressional Family Picnic (see H. Con. Res. 198) [11JY]
Census: collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Children and youth: child support enforcement (see H.R. 3362,
3453, 3465, 3529, 4341) [30AP] [14MY] [15MY] [23MY] [3OC]
------consolidate and expand Federal child care programs (see H.R.
3860) [18JY]
------extend and improve programs for runaway and homeless youth
(see H.R. 3806) [12JY]
------prohibit sale of personal information without parental
consent (see H.R. 3508) [22MY]
------promote adoption of minority children (see H.R. 3286) [23AP]
------promote adoption of minority children (H.R. 3286),
consideration (see H. Res. 428) [7MY]
Citizenship: status of children born in U.S. to parents who are
not citizens or permanent resident aliens (see H.J. Res. 190)
[5SE]
Courts: payment of settlements to individuals relative to child
support and alimony obligations (see H.R. 3895) [25JY]
Crime: interjurisdictional enforcement of protection orders and
redefinition of victims relative to stalking (see H.R. 2954,
2980) [1FE] [28FE]
------national policy to control crime and reform court procedures
(see H.R. 2992) [29FE]
------prohibit certain false statements, soliciting, or receipt of
compensation relative to adoptions (see H.R. 3983) [2AU]
------use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (see H.R.
3517) [23MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration (see H. Res. 442) [29MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration of conference report (see H. Res. 497) [31JY]
Dept. of HUD: notify local government about proposed assisted
multifamily housing projects (see H.R. 4064) [12SE]
Dept. of Veterans Affairs: extend benefits to certain children of
Vietnam veterans born with spina bifida (see H.R. 3927) [31JY]
Diseases: support of individuals affected by breast cancer (see H.
Con. Res. 177) [10MY]
Education: parental access to children's curriculum and records
(see H.R. 3324, 3947) [25AP] [1AU]
------tuition prepayment plans that guarantee a college education
at a fixed price (see H. Res. 506) [1AU]
Family and Medical Leave Act: employer requirements (see H.R.
3296) [23AP]
------expand coverage and allow leave for parental involvement in
educational and extracurricular activities (see H.R. 3704)
[24JN]
Federal aid programs: improve program of block grants to States
for temporary assistance to needy families (see H.R. 4324)
[28SE]
Federal employees: pension eligibility of former spouses who
remarry (see H.R. 3574) [4JN]
------relief of certain former spouses (see H.R. 3428) [9MY]
------treatment of survivor annuities for children relative to
marriage (see H.R. 2858) [5JA]
Firearms: prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
Housing: enforcement of regulatory requirements for single-and
multifamily housing (see H.R. 3741) [27JN]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
------prohibit denial of health coverage based on status as victim
of domestic violence (see H.R. 3145) [21MR]
Law enforcement officers: establish a national resource center and
clearinghouse relative to missing or exploited children (see
H.R. 3238) [15AP]
------provide educational assistance to dependents of Federal
officials killed or disabled in the line of duty (see H.R.
4111) [18SE]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Marriage: define and protect institution (see H.R. 3396) [7MY]
------define and protect institution (H.R. 3396), consideration
(see H. Res. 474) [10JY]
[[Page 3045]]
Medicaid: waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
Medicare: require hospitals to extend visitor privileges to non-
family members (see H.R. 4325) [28SE]
Native Americans: exempt certain adoption and child custody
proceedings from coverage under the Indian Child Welfare Act
(see H.R. 3275) [18AP]
------exempt voluntary child custody proceedings from coverage
(see H.R. 3156) [22MR]
------regulations relative to certain adoption and child custody
proceedings (see H.R. 3828) [16JY]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
------enhance work opportunities for families, reduce teenage
pregnancies, reduce welfare dependence, and control welfare
spending (see H.R. 3266) [17AP]
------ensure States have sufficient funds to assure effectiveness
of work requirements of certain programs (see H.R. 3999) [2AU]
------funding for nutrition programs (see H.R. 4275) [28SE]
------reduction of teenage pregnancy rates through evaluation of
prevention programs (see H.R. 3940) [1AU]
------reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA]
[22MY] [11JN] [27JN] [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
------reform (H.R. 3734), consideration (see H. Res. 482) [17JY]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 492, 495) [30JY] [31JY]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
Railroad Retirement Board: prevent the canceling of annuities to
certain divorced spouses of workers whose widows elect to
receive lump sum payments (see H.R. 2942) [1FE]
Sequoia National Forest: preservation of Giant Sequoia ecosystem
and increase recreational opportunities (see H.R. 3873) [23JY]
Sequoia National Park: renewal of cabin permits to heirs in
Mineral King Addition (see H.R. 3534) [23MY]
Social Security: exempt States from certain regulatory
requirements relative to electronic distribution of benefits
(see H.R. 4089) [17SE]
------placement of children with adult relatives who meet State
child protection standards (see H.R. 3650) [13JN]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
States: improve adoption process (see H.R. 4255) [27SE]
Taxation: allow small businesses credit for family and medical
leave and for wages of employees who work at home to reduce
child care needs (see H.R. 3836) [17JY]
------child tax credits and deductions for taxpayers with whom a
parent or grandparent resides (see H.R. 3984) [2AU]
------dependent care tax credit (see H.R. 4154) [24SE]
------employer credits for expenses of providing dependent care
services to employees (see H.R. 2985) [28FE]
------increase child care credit and eliminate the exclusion of
certain income relative to foreign sales corporations (see
H.R. 3332) [25AP]
------provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
------treatment of adoption expenses (see H.R. 3286) [23AP]
------treatment of adoption expenses (H.R. 3286), consideration
(see H. Res. 428) [7MY]
------treatment of families and children (see H.R. 3943) [1AU]
Television: reservation of time for family-oriented programming
(see H. Res. 484) [18JY]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
Veterans: increase service-connected disability benefits for
veterans and survivors (see H.R. 3458) [15MY]
------payment of dependency and indemnity compensation to certain
former spouses of veterans dying from service-connected
disabilities (see H.R. 3542) [29MY]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
Women: treatment of pensions relative to spouses and former
spouses (see H.R. 3510, 3511) [22MY]
Conference reports
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) [30JY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Messages
Family Friendly Workplace Act: President Clinton [27SE]
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Motions
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (H.R. 3517)
[26JY]
Marriage: define and protect institution (H.R. 3396) [12JY]
Public welfare programs: reform (H.R. 3734) [18JY] [24JY]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition: Committee on Resources (House) (H.R. 3534) (H.
Rept. 104-866) [3OC]
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements: Committee on Economic and Educational
Opportunities (House) (H.R. 2531) (H. Rept. 104-592) [23MY]
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure: Committee on Rules (House) (H.
Res. 497) (H. Rept. 104-731) [31JY]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Consideration of H.R. 3396, Defense of Marriage Act: Committee on
Rules (House) (H. Res. 474) (H. Rept. 104-666) [10JY]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure: Committee on Rules (House) (H. Res. 442) (H.
Rept. 104-599) [29MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Defense of Marriage Act: Committee on the Judiciary (House) (H.R.
3396) (H. Rept. 104-664) [9JY]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure: Committee of
Conference (H.R. 3517) (H. Rept. 104-721) [30JY]
------Committee on Appropriations (House) (H.R. 3517) (H. Rept.
104-591) [23MY]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
FAMILY AND MEDICAL LEAVE ACT
Bills and resolutions
Business and Industry: employer requirements (see H.R. 3296)
[23AP]
Employment: expand coverage and allow leave for parental
involvement in educational and extracurricular activities (see
H.R. 3704) [24JN]
FAMILY FRIENDLY WORKPLACE ACT
Messages
Provisions: President Clinton [27SE]
FAMINES
Bills and resolutions
Education: development of curriculum designed to educate students
about the Irish famine (see H. Con. Res. 226) [27SE]
FAN FREEDOM AND COMMUNITY PROTECTION ACT
Reports filed
Provisions: Committee on the Judiciary (House) (H.R. 2740) (H.
Rept. 104-656) [8JY]
FARM CREDIT ACT
Reports filed
Federal Agricultural Mortgage Corp., Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
FARM CREDIT BANKS
Bills and resolutions
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
FARMERS
see Agriculture
FARR, SAM (a Representative from California)
Bills and resolutions introduced by
Elections: campaign ethics reform and contribution limits (see
H.R. 3505) [22MY]
FCC: revise television station ownership rules relative to local
marketing agreements (see H.R. 3623) [12JN]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
House of Representatives: implementation of Office Waste Recycling
Program (see H. Res. 513) [2AU]
Marine resources: authorizing National Marine Sanctuary Program
appropriations (see H.R. 3090) [14MR]
Peace Corps: anniversary (see H.J. Res. 158) [31JA]
FARRAKHAN, LOUIS
Bills and resolutions
Foreign policy: condemn recent visit to Middle East and Africa
(see H. Res. 365) [27FE]
[[Page 3046]]
Foreign relations: condemn recent visit to Middle East and Africa
(see H. Res. 374) [7MR]
FATTAH, CHAKA (a Representative from Pennsylvania)
Bills and resolutions introduced by
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
House of Representatives: transition for new Members (see H.R.
3544) [29MY]
Music and dance: tribute to African-American music (see H. Con.
Res. 151) [12MR]
FAVRE, BRETT
Bills and resolutions
National Football League: Most Valuable Player Award recipient
(see H. Res. 335, 339) [5JA]
FAWELL, HARRIS W. (a Representative from Illinois)
Appointments
Conferee: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions introduced by
Employment: protect employer rights (see H.R. 3211) [29MR]
------provide limited overtime exemption for emergency medical
services personnel (see H.R. 3212) [29MR]
Labor unions: ensure that employees paying mandatory dues may
object to the use of their dues for noncollective-bargaining
activities (see H.R. 3580) [5JN]
NLRB: allow individuals against whom injunctive relief is sought
an opportunity to review and respond to legal memoranda and
documents (see H.R. 3091) [14MR]
FAZIO, VIC (a Representative from California)
Appointments
Committee To Escort the President [23JA]
Conferee: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions introduced by
Committees of the House: minority party appointments (see H. Res.
367, 408, 414, 447) [28FE] [22AP] [25AP] [5JN]
Diseases: issue special postage stamps to fund breast cancer
research (see H.R. 3401) [7MY]
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------prevent manufacturing and use of methamphetamine (see H.R.
3908) [26JY]
McNulty, Representative: election to the Committee on Ways and
Means (House) (see H. Res. 344) [25JA]
Serrano, Representative: election to the Committee on
Appropriations (House) (see H. Res. 383) [14MR]
Motions offered by
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Legislative branch of the Government: making appropriations (H.R.
3754) [10JY]
FEDERAL, FOOD, DRUG, AND COSMETIC ACT
Bills and resolutions
Drugs: review use of radiopharmaceuticals (see H.R. 3065) [12MR]
FEDERAL ADVISORY COMMITTEE ACT
Bills and resolutions
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
FEDERAL AGENCIES
see Executive Departments
FEDERAL AGRICULTURAL MORTGAGE CORP.
Reports filed
Federal Agricultural Mortgage Corp., Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
FEDERAL AID PROGRAMS
related term(s) Public Welfare Programs
Appointments
Advisory Committee on Student Financial Assistance: members [18JY]
Conferees: H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Agriculture: fair payment for use of Bureau of Reclamation water
(see H.R. 3917) [30JY]
------Federal assistance to livestock producers adversely affected
by drought conditions (see H.R. 3449; H. Con. Res. 181) [14MY]
[23MY]
------improve operation of certain programs (see H.R. 2854, 2973)
[5JA] [27FE]
------improve operation of certain programs (H.R. 2854),
consideration (see H. Res. 366) [27FE]
------improve operation of certain programs (H.R. 2854),
consideration of conference report (see H. Res. 393) [27MR]
------increase emphasis on and disseminate results of agricultural
research projects relative to precision agriculture (see H.R.
3795) [11JY]
Alaska: implement social and economic programs of Alaska Natives
(see H.R. 3973) [2AU]
Alcoholic beverages: eliminate Federal subsidies for advertising
abroad (see H.R. 3472) [16MY]
BIA: reorganization (see H.R. 3354) [30AP]
Business and industry: reduce Federal subsidies and strengthen tax
treatment of individuals who renounce their citizenship (see
H.R. 4122) [19SE]
CERCLA: eligibility for Federal assistance relative to development
of brownfield sites (see H.R. 3746) [27JN]
Children and youth: consolidate and expand Federal child care
programs (see H.R. 3860) [18JY]
------extend and improve programs for runaway and homeless youth
(see H.R. 3806) [12JY]
Colleges and universities: participation by historically black
graduate professional schools in certain education grant
programs (see H.R. 3055) [7MR]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
Crime: reduce certain funds if eligible States do not enact
certain laws (see H.R. 3243) [15AP]
------use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Dept. of Agriculture: payment rate for barley (see H.R. 4002)
[2AU]
Dept. of Defense: technical corrections relative to certain
educational assistance authority (see H.R. 4282) [28SE]
Dept. of HUD: notify local government about proposed assisted
multifamily housing projects (see H.R. 4064) [12SE]
------occupancy standards relative to purchasers of single family
residential properties (see H.R. 4141) [24SE]
------withhold public housing assistance to State agencies that
impede eviction of a tenant (see H.R. 3865) [22JY]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134), disposition of Senate amendment (see H. Res. 336)
[5JA]
------making continuing appropriations (H.J. Res. 134),
transmission procedures relative to balanced budget submission
(see H. Con. Res. 131) [5JA]
------require that educational assistance programs offices be
located within the District of Columbia (see H.R. 3036) [6MR]
------revise ranking process of applicants and limit awards to
States for certain construction grants (see H.R. 3722) [26JN]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919, 3093) [31JA] [14MR]
Education: deny funds to education programs that allow corporal
punishment (see H.R. 2918) [31JA]
------eligibility standards for short term educational programs
(see H.R. 2914) [31JA]
------exempt certain lenders from audit requirements of student
loan programs (see H.R. 3002) [4MR]
------funding levels for federally assisted education programs
(see H. Con. Res. 144) [1FE]
------Impact Aid Program reform (see H.R. 2886) [25JA]
------participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
------permit financial institutions under the Federal Family
Education Loan Program to pay origination fees of borrowers
(see H.R. 3863) [22JY]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
Employment: ensure economic self-sufficiency for participants in
adult training programs (see H.R. 3616) [11JN]
------extend time period for filing of trade adjustment assistance
petitions (see H.R. 3271) [18AP]
------provide adjustment assistance to workers displaced because
of any Federal program, project, or activity (see H.R. 4292)
[28SE]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
------promote adoption of minority children (see H.R. 3286) [23AP]
------promote adoption of minority children (H.R. 3286),
consideration (see H. Res. 428) [7MY]
Federal-State relations: improve the effectiveness of financial
management and audits of State and local governments receiving
Federal assistance (see H.R. 3184) [28MR]
FHA: streamline certain single family housing programs (see H.R.
3742) [27JN]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Floods: participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
------forbid recipients to resell or barter with acquired food
(see H.R. 4027) [5SE]
Government: coordinate Federal financial assistance programs to
streamline Government operations (see H.R. 3064) [12MR]
------elimination of certain Federal programs and subsidies (see
H.R. 2934) [1FE]
------improve debt-collection and credit evaluation practices (see
H.R. 3809) [12JY]
Health: establish a comprehensive program relative to alcohol and
alcohol abuse (see H.R. 3479) [16MY]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
------improve efforts to combat fraud and abuse in health care
programs (see H.R. 3224) [29MR]
Homeless: assistance (see H.R. 3347) [25AP]
------consolidate Federal housing assistance programs (see H.R.
3964) [2AU]
Housing: authorize, revise, and extend certain Federal programs
(see H.R. 3743) [27JN]
------deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
------enforcement of regulatory requirements for single-and
multifamily housing (see H.R. 3741) [27JN]
------limit use of federally assisted housing by aliens (see H.R.
2885) [25JA]
[[Page 3047]]
------occupancy standards for federally assisted housing relative
to drug and alcohol abusers (see H.R. 3390) [2MY]
------prohibit increase of security deposit in units receiving
Federal rental housing assistance (see H.R. 3679) [19JN]
------rental assistance payments for certain owners of
manufactured homes who rent the lots on which their homes are
located (see H.R. 3402) [7MY]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Job Corps: ensure a drug-free, safe, and cost effective program
(see H.R. 3169) [27MR]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
------reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Medicaid: State recovery of expenses from medical assistance
programs (see H.R. 2883) [25JA]
------waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
------waiver of enrollment composition rule relative to certain
HMOs (see H.R. 3866, 3871, 4227) [22JY] [23JY] [26SE]
Medicare: coverage for home health services (see H.R. 4229) [27SE]
------expand coverage of part B to provide for respite care
services (see H.R. 3585) [5JN]
------hospice care reform (see H.R. 3714) [25JN]
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
------extend tribal authority to manage certain Federal programs
that directly benefit Native Americans (see H.R. 3034) [6MR]
------funding for housing programs relative to tribal self-
governance (see H.R. 3219) [29MR]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public buildings: community use of public facilities that are
acquired, constructed, or rehabilitated using community
development block grants (see H.R. 3888) [24JY]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
------ensure States have sufficient funds to assure effectiveness
of work requirements of certain programs (see H.R. 3999) [2AU]
------funding for nutrition programs (see H.R. 4275) [28SE]
------modify laws relative to public assistance and benefits for
aliens (see H.R. 4335) [30SE]
------reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA]
[22MY] [11JN] [27JN] [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
------reform (H.R. 3734), consideration (see H. Res. 482) [17JY]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 492, 495) [30JY] [31JY]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
------treatment of legal immigrants (see H.R. 4122) [19SE]
Rental housing: prohibit Federal assistance to owners whose
tenants are family members (see H.R. 3963) [2AU]
Roads and highways: modify the minimum allocation formula for
Federal aid highway program (see H.R. 3195) [28MR]
SBA: increase fees for participants in certain financial
assistance programs (see H.R. 3989) [2AU]
------participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
Small business: extend the Small Business Technology Transfer
Program (see H.R. 3158) [25MR]
------provide development assistance to economically disadvantaged
individuals (see H.R. 3994) [2AU]
Social Security: establish and maintain individual investment
accounts (see H.R. 4215) [26SE]
------exempt States from certain regulatory requirements relative
to electronic distribution of benefits (see H.R. 4089) [17SE]
------use of current level disability benefits for blind
individuals in certain earnings test disability determinations
(see H.R. 4091) [17SE]
States: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------congressional consent for mutual aid agreement between the
cities of Bristol, VA, and Bristol, TN (see H.J. Res. 166)
[21MR]
------deny community development block grants to States that allow
recovery of damages for injuries suffered in the commission of
a felony (see H.R. 3736) [27JN]
------improve program of block grants for temporary assistance to
needy families (see H.R. 4324) [28SE]
Taxation: reduce Social Security taxation rates and corresponding
old-age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
Veterans: eligibility for training and rehabilitation assistance
and transfer of certain educational assistance authority (see
H.R. 3674) [19JN]
------improve health care programs (see H.R. 3950) [2AU]
------improve programs and benefits (see H.R. 3373) [1MY]
------make permanent alternative teacher certification programs
(see H.R. 2868) [23JA]
------strengthen veterans' preference and increase employment
opportunities (see H.R. 3586, 3938) [5JN] [1AU]
Weather: establish disaster and emergency assistance standards
relative to snow-related events (see H.R. 3348) [29AP]
Conference reports
Agriculture Market Transition Act (H.R. 2854) [25MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Workforce and Career Development Act (H.R. 1617) [25JY]
Messages
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Motions
Agriculture: improve operation of certain programs (H.R. 2854)
[29FE]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134) [5JA]
Federal aid programs: improve operation (H.R. 2854) [14MR]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Public welfare programs: reform (H.R. 3734) [18JY] [24JY]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Agriculture Market Transition Act: Committee of Conference (H.R.
2854) (H. Rept. 104-494) [25MR]
------Committee on Agriculture (House) (H.R. 2854) (H. Rept. 104-
462) [9FE]
Alaska Natives Social and Economic Programs Implementation:
Committee on Resources (House) (H.R. 3973) (H. Rept. 104-838)
[25SE]
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Congressional Consent for Mutual Aid Agreement Between the Cities
of Bristol, VA, and Bristol, TN: Committee on the Judiciary
(House) (H.J. Res. 166) (H. Rept. 104-705) [24JY]
Consideration of Conference Report on H.R. 2854, Federal
Agriculture Improvement and Reform Act: Committee on Rules
(House) (H. Res. 393) (H. Rept. 104-502) [27MR]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 2854, Agricultural Market Transition Act:
Committee on Rules (House) (H. Res. 366) (H. Rept. 104-463)
[27FE]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Disaster and Emergency Assistance Standards Relative to Snow-
Related Events: Committee on Transportation and Infrastructure
(House) (H.R. 3348) (H. Rept. 104-792) [17SE]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance: Committee on
Government Reform and Oversight (House) (H.R. 3184) (H. Rept.
104-607) [6JN]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs: Committee on Commerce (House) (H.R. 3871) (H. Rept. 104-
752) [2AU]
[[Page 3048]]
Participation by Historically Black Graduate Professional Schools
in Certain Education Grant Programs: Committee on Economic and
Educational Opportunities (House) (H.R. 3055) (H. Rept. 104-
504) [28MR]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Railroad Unemployment Insurance Act Amendments: Committee on
Transportation and Infrastructure (House) (H.R. 2594) (H.
Rept. 104-525) [18AP]
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
Strengthen Veterans' Preference and Increase Employment
Opportunities: Committee on Government Reform and Oversight
(House) (H.R. 3586) (H. Rept. 104-675) [12JY]
Use of Federal Funding by Local Governments and Nonprofit
Organizations in Accordance With Approved Local Flexibility
Plans: Committee on Government Reform and Oversight (House)
(H.R. 2086) (H. Rept. 104-847) [26SE]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
Veterans Benefits Decision Revisions Based on Clear and
Unmistakable Error: Committee on Veterans Affairs (House)
(H.R. 1483) (H. Rept. 104-571) [10MY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
Veterans Programs and Benefits Improvements: Committee on Veterans
Affairs (House) (H.R. 3373) (H. Rept. 104-572) [10MY]
Workforce and Career Development Act: Committee of Conference
(H.R. 1617) (H. Rept. 104-707) [25JY]
FEDERAL ANTI-STALKER ACT
Bills and resolutions
Enact (see H.R. 2954) [1FE]
FEDERAL AVIATION ADMINISTRATION
related term(s) Department of Transportation
Appointments
Conferees: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions
Appropriations: reauthorizing programs (see H.R. 3539) [29MY]
------reauthorizing programs (H.R. 3539), consideration of
conference report (see H. Res. 540) [26SE]
Aviation: authorize research, engineering, and development
programs (see H.R. 3484) [16MY]
------preemployment review of prospective pilot records (see H.R.
3536) [29MY]
------prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
------require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
------standards relative to foreign repair stations (see H.R.
3839) [17JY]
Essential air service: funding (see H.R. 3037) [6MR]
Health: regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093,
4287) [17SE] [28SE]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Safety: reorganize and remove all duties not related to safety
(see H.R. 3831) [17JY]
Taxation: aviation excise taxes relative to Airport and Airway
Trust Fund expenditures (see H.R. 4206) [26SE]
Veterans: compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
Conference reports
FAA Programs Reauthorization (H.R. 3539) [26SE]
Reports filed
Airline Pilot Hiring and Safety Act: Committee on Transportation
(House) (H.R. 3536) (H. Rept. 104-684) [17JY]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization: Committee on Rules (House) (H. Res. 540) (H.
Rept. 104-851) [26SE]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
FAA Programs Reauthorization: Committee of Conference (H.R. 3539)
(H. Rept. 104-848) [26SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3539) (H. Rept. 104-714) [26JY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
FEDERAL BUREAU OF INVESTIGATION
Appointments
Conferees: S. 735, Comprehensive Terrorism Prevention Act [14MR]
Bills and resolutions
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Crime: treatment of Federal prisoners (see H.R. 3206) [29MR]
Executive Office of the President: ensure privacy and security of
FBI background reports (see H.R. 3785) [11JY]
Terrorism: improve U.S. ability to respond to terrorist threats
(see H.R. 3409) [7MY]
------improve U.S. ability to respond to terrorist threats (H.R.
2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
------U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Motions
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [13MR] [14MR]
------improve U.S. ability to respond to terrorist threats (S.
735) [14MR]
Reports filed
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR]
------Committee on Rules (House) (H. Res. 380) (H. Rept. 104-480)
[12MR]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
FEDERAL COMMUNICATIONS COMMISSION
Bills and resolutions
Business and industry: require promotion of sharing of
broadcasting tower facilities (see H.R. 3945) [1AU]
Reform (see H.R. 3957) [2AU]
Safety: establish rules preventing broadcasts that create hazards
for motorists (see H.R. 3419) [8MY]
Telecommunications: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
Telephones: prohibit providers of cellular and other mobile radio
services from blocking access to 911 emergency services (see
H.R. 3181) [28MR]
Television: establish toll-free number for comments relative to
the broadcasting of violent programming (see H.R. 2964) [9FE]
------revise station ownership rules relative to local marketing
agreements (see H.R. 3623) [12JN]
Reports filed
Satellite Home Viewer Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 1861) (H. Rept. 104-554) [6MY]
FEDERAL DEPOSIT INSURANCE CORP.
related term(s) Financial Institutions
Bills and resolutions
Financial institutions: capitalize deposit insurance funds and
provide regulatory relief for insured depository institutions
and holding companies (see H.R. 3567) [4JN]
------guarantee deposits and certain liabilities and protect
against deposit insurance losses (see H.R. 4318) [28SE]
------prohibit removal of certain members of the National Credit
Union Administration Board and the Board of Directors of the
FDIC (see H.R. 3976) [2AU]
------provide additional deposit insurance coverage for accounts
which reduce net fee income (see H.R. 3302) [23AP]
------treatment of certain claims against depository institutions
under receivership by Federal banking agencies (see H.R. 3892)
[24JY]
Social Security: investment of surplus from trust funds and
protection from public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 2928) [1FE]
Thrift Charter Merger Commission: establish (see H.R. 3407) [7MY]
FEDERAL ELECTION CAMPAIGN ACT
Bills and resolutions
Amend (see H.R. 3505) [22MY]
Elections: revise rules on independent expenditures (see H.R.
3208) [29MR]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
FEDERAL ELECTION COMMISSION
Bills and resolutions
Appropriations: authorizing (see H.R. 3461) [15MY]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
FEDERAL EMERGENCY MANAGEMENT AGENCY
Bills and resolutions
Agriculture: Federal assistance to livestock producers adversely
affected by drought conditions (see H. Con. Res. 181) [23MY]
Corps of Engineers: conduct study of mitigation banks (see H.R.
4211) [26SE]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
------provide windstorm insurance to certain property owners and
require study relative to taxation of in
[[Page 3049]]
surance reserves for future natural disasters (see H.R. 4115)
[19SE]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Weather: establish disaster and emergency assistance standards
relative to snow-related events (see H.R. 3348) [29AP]
Reports filed
Disaster and Emergency Assistance Standards Relative to Snow-
Related Events: Committee on Transportation and Infrastructure
(House) (H.R. 3348) (H. Rept. 104-792) [17SE]
FEDERAL EMPLOYEE REPRESENTATION IMPROVEMENT ACT
Motions
Enact (H.R. 782) [1AU]
FEDERAL EMPLOYEES
related term(s) Executive Departments
Appointments
Conferees: H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions
AID: provide voluntary separation incentives to reduce employment
levels (see H.R. 3870) [23JY]
Armed Forces: permit certain beneficiaries to enroll in the
Federal Employees Health Program (see H.R. 3012) [5MR]
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (see H. Res. 328) [3JA]
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Credit: provide interest-free loans to furloughed employees (see
H.R. 2842) [4JA]
Credit cards: prohibit use (see H.R. 2968) [23FE]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Dept. of Defense: allow military health care system beneficiaries
the option to enroll in Federal Employees Health Benefits
Program (see H.R. 3368, 3699) [30AP] [20JN]
------early deferred annuities for certain employees who are
separated from service due to defense base closures (see H.R.
3279) [18AP]
------prohibit the sale or distribution of sexually explicit
material to any individual (see H.R. 3300) [23AP]
------restore missing person status to certain civilian and
contractor employees (see H.R. 4000) [2AU]
Dept. of Justice: establish ethics standards for prosecutors (see
H.R. 3386) [1MY]
Dept. of Veterans Affairs: compliance with veterans' preference
requirements (see H.R. 3594) [6JN]
Education: Impact Aid Program reform (see H.R. 2886) [25JA]
Employment: amend civil service laws (see H.R. 3841) [17JY]
------establish demonstration project to assess feasibility of
temporary placement of displaced workers in other Federal or
private employment (see H.R. 3649) [13JN]
------provide adjustment assistance to workers displaced because
of any Federal program, project, or activity (see H.R. 4292)
[28SE]
Executive departments: ban acceptance of gifts by employees (see
H.R. 3797) [11JY]
------enable agencies to design personnel systems relative to
their mission (see H.R. 3483) [16MY]
FAA: compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
Families and domestic relations: relief of certain former spouses
(see H.R. 3428) [9MY]
Family and Medical Leave Act: expand coverage and allow leave for
parental involvement in educational and extracurricular
activities (see H.R. 3704) [24JN]
Federal Employees Group Life Insurance Program: coverage of
certain judicial officials (see H.R. 3295) [23AP]
Federal Employees Health Benefits Program: coverage of
acupuncturist services (see H.R. 3292) [23AP]
Government: authorize alternative dispute resolution systems (see
H.R. 4194) [26SE]
------reduce administrative costs and improve services relative to
relocation allowances (see H.R. 3637) [13JN]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
------relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Government regulations: term limits on regulatory agency members
(see H.R. 3423) [9MY]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
House Rules: improve committee operations, procedures, and
staffing (see H. Res. 480) [16JY]
------random drug testing of officers and employees (see H. Res.
512) [2AU]
Housing: improve for land management agency field employees (see
H.R. 2941) [1FE]
Income: continuance of work during Government shutdown (S. 1508),
return to Senate (see H. Res. 331) [4JA]
------extend health insurance and survivor annuity benefits to
certain former spouses (see H.R. 4153) [24SE]
------provide compensation for employees for performance of
emergency services during periods of lapsed appropriations
(see H.R. 2848) [4JA]
------provide voluntary separation incentives to reduce employment
levels (see H.R. 3532) [23MY]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
Lobbyists: strengthen post-employment restrictions on foreign
representation (see H.R. 3434) [10MY]
Members of Congress: retirement eligibility (see H.R. 3887) [24JY]
National Guard: military uniform requirements for civilian
employees (see H.R. 3311) [24AP]
Native Americans: repeal Indian trading laws (see H.R. 3215)
[29MR]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Pensions: eligibility of former spouses who remarry (see H.R.
3574) [4JN]
------treatment of deferred annuities during time between
separation from Government service and when payments commence
(see H.R. 2978) [27FE]
------treatment of survivor annuities for children relative to
marriage (see H.R. 2858) [5JA]
Permanent Performance Review Commission: establish (see H.R. 3982)
[2AU]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
Thrift Savings Plan: allow loans for child adoption expenses (see
H.R. 3129) [20MR]
White House Travel Office: abolish (see H.R. 2888) [25JA]
------relief of individuals terminated from employment (see H.R.
2894, 2937) [25JA] [1FE]
Workers' compensation claims: appeals process (see H.R. 3205)
[29MR]
------selection of certain physicians to provide medical opinions
(see H.R. 3204) [29MR]
------treatment of medical opinions (see H.R. 3203) [29MR]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Messages
Retirement Savings and Security Act: President Clinton [23MY]
Motions
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (H. Res. 328) [3JA]
Employees: allow members of employee associations to represent
their views before the Government (H.R. 782) [1AU]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
Civil Service Law Amendments: Committee on Government Reform and
Oversight (House) (H.R. 3841) (H. Rept. 104-831) [24SE]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
Federal Government Management--Examining Government Performance as
We Near the Next Century (H. Rept. 104-861) [28SE]
Housing of Federal Land Management Agency Field Employees:
Committee on Resources (House) (H.R. 2941) (H. Rept. 104-802)
[17SE]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Relief of Individuals Terminated From White House Travel Office:
Committee on the Judiciary (House) (H.R. 2937) (H. Rept. 104-
484) [18MR]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Restore Missing Person Status to Certain Dept. of Defense Civilian
and Contract Employees: Committee on National Security (House)
(H.R. 4000) (H. Rept. 104-806) [17SE]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
FEDERAL ENERGY REGULATORY COMMISSION
Bills and resolutions
Electric power: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
Hydroelectric power: extension of deadline for construction of
hydroelectric project in Kentucky (see H.R. 2869) [23JA]
------extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Public utilities: disapproving of rules concerning open access
transmission services (see H.J. Res. 178) [1MY]
------provide for competition in electric power industry (see H.R.
3782, 3790) [11JY]
------revision of the regulatory policies governing public utility
holding companies (see H.R. 3601) [6JN]
Reports filed
Extension of Deadline for Construction of a Hydroelectric Project
in Illinois: Committee on Commerce (House) (H.R. 2630) (H.
Rept. 104-508) [28MR]
Extension of Deadline for Construction of a Hydroelectric Project
in Kentucky: Committee on Commerce (House) (H.R. 2501) (H.
Rept. 104-507) [28MR]
------Committee on Commerce (House) (H.R. 2869) (H. Rept. 104-512)
[28MR]
Extension of Deadline for Construction of a Hydroelectric Project
in North Carolina: Committee on Commerce (House) (H.R. 2773)
(H. Rept. 104-510) [28MR]
Extension of Deadline for Construction of a Hydroelectric Project
in Ohio: Committee on Commerce (House) (H.R. 2816) (H. Rept.
104-511) [28MR]
Extension of Deadline for Construction of a Hydroelectric Project
in Pennsylvania: Committee on Com
[[Page 3050]]
merce (House) (H.R. 2695) (H. Rept. 104-509) [28MR]
FEDERAL FOOD, DRUG, AND COSMETIC ACT
Bills and resolutions
Drugs: defer effective dates for approving certain drug
applications (see H.R. 4277) [28SE]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Pharmaceuticals: certification of drugs containing insulin and
antibiotics (see H.R. 3672) [18JN]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
FEDERAL GOVERNMENT
see Government--U.S.
FEDERAL HOME LOAN MORTGAGE CORP.
Bills and resolutions
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
Bills and resolutions
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
FEDERAL LABOR RELATIONS AUTHORITY
Messages
Report: President Clinton [27SE]
FEDERAL MARITIME COMMISSION
Bills and resolutions
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
Reports filed
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
FEDERAL NATIONAL MORTGAGE ASSOCIATION
Bills and resolutions
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
FEDERAL OCEANOGRAPHY COORDINATION IMPROVEMENT ACT
Bills and resolutions
Enact (see H.R. 3537) [29MY]
Reports filed
Provisions: Committee on Resources (House) (H.R. 3537) (H. Rept.
104-771) [4SE]
FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT
Bills and resolutions
Technical corrections (see H.R. 4018) [4SE]
FEDERAL OIL AND GAS ROYALTY SIMPLIFICATION AND FAIRNESS ACT
Reports filed
Provisions: Committee on Resources (House) (H.R. 1975) (H. Rept.
104-667) [11JY]
FEDERAL OPEN MARKET COMMITTEE
see Federal Reserve System
FEDERAL POWER ACT
Bills and resolutions
Public utilities: provide for competition in electric power
industry (see H.R. 3782) [11JY]
FEDERAL POWER MARKETING ADMINISTRATION
Bills and resolutions
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
FEDERAL RAILROAD ADMINISTRATION
Bills and resolutions
Railroads: reform the Federal Railroad Administration and improve
safety laws (see H.R. 3335) [25AP]
FEDERAL REGULATIONS
see Government regulations
FEDERAL RESERVE BOARD
see Federal Reserve System
FEDERAL RESERVE SYSTEM
Bills and resolutions
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
------reform and modernize (see H.R. 3167) [27MR]
Financial institutions: clarify authority of Board of Governors
relative to bank holding company applications (see H.R. 3210)
[29MR]
Financing Corp.: use of surplus funds to cover obligations (see
H.R. 3261) [17AP]
FEDERAL TEA TASTERS REPEAL ACT
Bills and resolutions
Enact (S. 1518): return to Senate (see H. Res. 387) [21MR]
FEDERAL TRADE COMMISSION
Bills and resolutions
Appropriations: authorizing (see H.R. 3553) [30MY]
Political campaigns: impose monetary penalties for use of
fraudulent political advertisements (see H.R. 3995) [2AU]
Telecommunications: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
FEDERAL WATER POLLUTION CONTROL ACT
Bills and resolutions
Amend (see H.R. 3639) [13JN]
Taxation: treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
FEDERAL-STATE RELATIONS
Bills and resolutions
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Children and youth: require initial intake screenings and the use
of youth development specialists in Federal juvenile
proceedings (see H.R. 4055) [11SE]
Courts: limit authority of judicial remedies to force State and
local governments to assess, levy, or collect taxes (see H.R.
3100) [14MR]
------withhold Federal collateral remedies in State cases unless
inadequate State habeus corpus procedures are shown to exist
(see H.R. 2955) [1FE]
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565, 3698) [4JN] [20JN]
------reduce certain funds if eligible States do not enact certain
laws (see H.R. 3243) [15AP]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
Education: participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
Emergency Food Assistance Act: purchase of commodities using State
funds (see H.R. 3978) [2AU]
Employment: determination of tip credits relative to State and
local government laws (see H.R. 4031) [5SE]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
Federal aid programs: improve the effectiveness of financial
management and audits of State and local governments receiving
Federal assistance (see H.R. 3184) [28MR]
Firearms: standards for State concealed handgun carrying licenses
(see H.R. 3838) [17JY]
Floods: participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Gambling: grant jurisdiction to the States over activities
conducted on Native American lands (see H.R. 3289) [23AP]
Government: transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
Medicaid: waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
Motor vehicles: establish national requirements for the titling
and registration of salvage of certain rebuilt vehicles (see
H.R. 2900) [25JA]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
Oregon: transfer of Oregon and California Railroad Grant Lands,
Coos Bay Military Wagon Road Grant Lands, and public domain
lands (see H.R. 3769) [10JY]
Public utilities: revision of the regulatory policies governing
public utility holding companies (see H.R. 3601) [6JN]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
Solid waste: State control over disposal of solid waste imported
from other nations (see H.R. 4049) [11SE]
------State control over transportation of municipal solid waste
(S. 534), consideration (see H. Res. 349) [30JA]
States: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------enforcement of veterans' reemployment rights (see H.R. 3538)
[29MY]
------prevent Federal interference relative to constitutional
authority (see H.R. 3411) [8MY]
------reimburse for costs of educating certain illegal alien
students (see H.R. 4062, 4303) [12SE] [28SE]
Transportation: transfer authority over highway programs and mass
transit programs to States (see H.R. 3840) [17JY]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3298, 3880) [23AP] [23JY]
Water: extend date for the transfer of certain amounts to be
available for drinking water State revolving funds (see H.R.
3902) [25JY]
Reports filed
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance: Committee on
Government Reform and Oversight (House) (H.R. 3184) (H. Rept.
104-607) [6JN]
[[Page 3051]]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
FENTON, MS
Bills and resolutions
Favre, Brett: National Football League Most Valuable Player Award
recipient (see H. Res. 339) [5JA]
FIELDS, CLEO (a Representative from Louisiana)
Bills and resolutions introduced by
Taxation: treatment of unearned income (see H.R. 3042) [7MR]
FIELDS, JACK (a Representative from Texas)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
FCC: reform (see H.R. 3957) [2AU]
Investments: regulation and management of financial markets (see
H.R. 3005) [5MR]
Public broadcasting: promote financial self-sufficiency (see H.R.
2979) [28FE]
FILMS
see Motion Pictures
FILNER, BOB (a Representative from California)
Appointments
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Churches and synagogues: prohibit insurers from canceling or
refusing to renew fire insurance policies (see H.R. 3830)
[17JY]
Housing: rental assistance payments for certain owners of
manufactured homes who rent the lots on which their homes are
located (see H.R. 3402) [7MY]
Small business: increase opportunities for veterans (see H.R.
4080) [17SE]
States: enforcement of veterans' reemployment rights (see H.R.
3538) [29MY]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3669) [18JN]
Veterans: strengthen veterans' preference and increase employment
opportunities (see H.R. 3938) [1AU]
FINANCIAL INSTITUTIONS
Appointments
Advisory Committee on Student Financial Assistance: members [18JY]
Conferees: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions
Business and industry: assist in development of microenterprises
(see H.R. 3846) [18JY]
------establish requirements relative to rent-to-own transactions
(see H.R. 3003) [5MR]
------offer negotiable order of withdrawal accounts to businesses
and allow interest payments on demand deposits (see H.R. 3993)
[2AU]
China, People's Republic of: oppose assistance by international
financial institutions (see H.R. 3577) [4JN]
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison Guaranty
investigation (see H. Con. Res. 218) [25SE]
Community Reinvestment Act: consideration of a depository
institution's record on consumer fees (see H.R. 3301) [23AP]
------require performance data reporting to verify availability of
credit on a nondiscriminatory basis (see H.R. 3826) [16JY]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
------require standard annual percentage rate of interest to open
certain credit card accounts (see H.R. 4320) [28SE]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
------treatment of certain claims against depository institutions
under receivership by Federal banking agencies (see H.R. 3892)
[24JY]
Credit: prohibit extensions relative to gambling (see H.R. 4337)
[1OC]
Crime: development and implementation of national financial crimes
strategy (see H.R. 3931) [31JY]
------enhance surveillance pictures for use in criminal
prosecutions (see H.R. 3533) [23MY]
------treatment of the production, sale, transportation, or
possession of fictitious financial instruments (see H.R. 2986)
[28FE]
Deposit insurance: provide additional coverage for accounts which
reduce net fee income (see H.R. 3302) [23AP]
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
Dept. of Veterans Affairs: extend enhanced loan asset sale
authority (see H.R. 3459) [15MY]
Education: exempt certain lenders from audit requirements of
student loan programs (see H.R. 3002) [4MR]
------permit financial institutions under the Federal Family
Education Loan Program to pay origination fees of borrowers
(see H.R. 3863) [22JY]
Families and domestic relations: child support enforcement (see
H.R. 3362, 3465) [30AP] [15MY]
Federal employees: provide interest-free loans to furloughed
employees (see H.R. 2842) [4JA]
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
------reform and modernize (see H.R. 3167) [27MR]
Financial services: increase competition and merge commercial bank
and savings association charters (see H.R. 4182) [25SE]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
FRS: clarify authority of Board of Governors relative to bank
holding company applications (see H.R. 3210) [29MR]
------use of surplus funds to cover Financing Corp. obligations
(see H.R. 3261) [17AP]
Government: prohibit removal of certain members of the National
Credit Union Administration Board and the Board of Directors
of the FDIC (see H.R. 3976) [2AU]
Government regulations: reduce paperwork and regulatory burdens
(see H.R. 4079) [16SE]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
Insurance: capitalize deposit insurance funds and provide
regulatory relief for insured depository institutions and
holding companies (see H.R. 3567) [4JN]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
Investments: guarantee deposits and certain liabilities and
protect against deposit insurance losses (see H.R. 4318)
[28SE]
------provide investment opportunities for small bank holding
companies (see H.R. 2981) [28FE]
------regulation and management of financial markets (see H.R.
3005) [5MR]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947) [1FE]
Puerto Rico: relief for certain loans (see H.R. 4269) [27SE]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
SBA: participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
Social Security: investment of trust funds surplus (see H.R. 2928)
[1FE]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
------issuance of tax-exempt bonds to finance first-time farmers'
loans (see H.R. 3251) [16AP]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of transitional payments under the Agricultural
Market Transition Act (see H.R. 3559) [30MY]
Thrift Charter Merger Commission: establish (see H.R. 3407) [7MY]
Truth in Lending Act: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
U.N.: promote international security by redirecting military
spending to human development (see H.R. 4306) [28SE]
Wetlands: promote restoration, conservation, and enhancement
through establishment of a mitigation banking program (see
H.R. 3692) [20JN]
Conference reports
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Messages
Retirement Savings and Security Act: President Clinton [23MY]
Small Business and Competition: President Clinton [5JN]
Reports filed
Financial Institutions Regulatory Process and Paperwork
Requirements Reform: Committee on Banking and Financial
Services (House) (H.R. 1858) (H. Rept. 104-103) [18JN]
Microenterprise Act: Committee on International Relations (House)
(H.R. 3846) (H. Rept. 104-715) [29JY]
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
FIRE PREVENTION
Bills and resolutions
Churches and synagogues: prohibit insurers from canceling or
refusing to renew fire insurance policies (see H.R. 3830)
[17JY]
Dept. of Defense: sale of excess aircraft relative to suppression
of wildfires (see H.R. 4108) [18SE]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Volunteer firefighters: issue commemorative postage stamp (see H.
Con. Res. 173) [9MY]
FIREARMS
related term(s) Weapons
Bills and resolutions
Ammunition: ban on large capacity ammunition feeding devices (see
H.R. 3382) [1MY]
------repeal ban on large capacity ammunition feeding devices
(H.R. 125), consideration (see H. Res. 364, 388) [23FE] [21MR]
Assault weapons: ban (see H.R. 3382) [1MY]
------repeal ban (H.R. 125), consideration (see H. Res. 364, 388)
[23FE] [21MR]
Civilian Marksmanship Program: funding (see H.R. 3466) [15MY]
Corp. for the Promotion of Rifle Practice and Firearms Safety:
abolish (see H.R. 3466) [15MY]
Courts: mandatory minimum penalties for use during commission of a
Federal crime (see H.R. 3382, 3988) [1MY] [2AU]
------sentencing guidelines for possession of a firearm during
commission of a crime (see H.R. 4181) [25SE]
------sentencing guidelines for possession of a firearm with a
laser sighting device during commission of a crime (see H.R.
2991) [29FE]
Crime: increase mandatory minimum penalties relative to the
possession of firearms (see H.R. 3454) [14MY]
[[Page 3052]]
------increase penalties for armed violent criminals (see H.R.
3085) [14MR]
------national policy to control crime and reform court procedures
(see H.R. 2992) [29FE]
Handguns: prevent handgun violence and illegal commerce (see H.R.
3488) [16MY]
------standards for State concealed handgun carrying licenses (see
H.R. 3838) [17JY]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Law enforcement officers: ban the manufacture, importation, and
sale of ammunition that can penetrate police body armor (see
H.R. 4208) [26SE]
National Rifle Association: condemn holding of annual convention
on anniversary of Alfred P. Murrah Federal Building bombing
(see H. Res. 407) [18AP]
National security: threat to U.S. citizens and Government posed by
armed militia and paramilitary groups (see H. Con. Res. 206)
[1AU]
States: encourage regulation of certain handguns and gather
information on guns used in crimes (see H.R. 4044) [10SE]
Taxation: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
Weapons: prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
------standards for certain foreign and domestically-produced
handguns (see H.R. 3652) [13JN]
Motions
Ammunition: repeal ban on large capacity ammunition feeding
devices (H.R. 125) [22MR]
Assault weapons: repeal ban (H.R. 125) [22MR]
Reports filed
Consideration of H.R. 125, Repeal Ban on Assault Weapons and Large
Capacity Ammunition Feeding Devices: Committee on Rules
(House) (H. Res. 388) (H. Rept. 104-490) [21MR]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
FIREFIGHTERS
Bills and resolutions
Dept. of Defense: sale of excess aircraft relative to suppression
of wildfires (see H.R. 4108) [18SE]
District of Columbia: treatment of pension funds relative to
certain public employees (see H.R. 3389) [2MY]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Volunteer firefighters: issue commemorative postage stamp (see H.
Con. Res. 173) [9MY]
FISH AND FISHING
related term(s) Marine Mammals; National Wildlife Refuges; Wildlife
Bills and resolutions
Anadromous Fish Conservation Act: reauthorize (see H.R. 4139)
[24SE]
Atlantic Striped Bass Conservation Act: reauthorize (see H.R.
4139) [24SE]
Carbon Hill National Fish Hatchery: convey to Alabama (see H.R.
2982) [28FE]
Crawford National Fish Hatchery: convey to Crawford, NE (see H.R.
3287) [23AP]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
------provide diagnostic and certification services to reduce
diseases associated with salmonid family of fish (see H.R.
2908) [31JA]
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Disasters: authorize certain assistance to commercial fishermen
through State and local governments and nonprofit
organizations (see H.R. 2956) [1FE]
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Marine resources: authorizing National Marine Sanctuary Program
appropriations (see H.R. 3090) [14MR]
Marion National Fish Hatchery: convey to Alabama (see H.R. 3557)
[30MY]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
National Wildlife Refuge System: improve management (H.R. 1675),
consideration (see H. Res. 410) [23AP]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
U.S. Fish and Wildlife Service: implementation of Great Lakes
Fishery Restoration Study Report (see H.R. 4028) [5SE]
Walhalla National Fish Hatchery: convey to South Carolina (see
H.R. 3546) [29MY]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Messages
Agreement With Poland Relative to Fisheries: President Clinton
[13FE]
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Carbon Hill National Fish Hatchery Conveyance to Alabama:
Committee on Resources (House) (H.R. 2982) (H. Rept. 104-568)
[8MY]
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement: Committee on Rules (House) (H. Res.
410) (H. Rept. 104-533) [23AP]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Crawford National Fish Hatchery Conveyance to Crawford, NE:
Committee on Resources (House) (H.R. 3287) (H. Rept. 104-700)
[24JY]
Disposition of Senate Amendment to H.R. 1358, Conveyance of
National Marine Fisheries Service Laboratory in Gloucester,
MA, to Massachusetts: Committee on Rules (House) (H. Res. 338)
(H. Rept. 104-449) [5JA]
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
Marion National Fish Hatchery Conveyance to Alabama: Committee on
Resources (House) (H.R. 3557) (H. Rept. 104-702) [24JY]
Regulate Fishing in Certain Alaskan Waters: Committee on Resources
(House) (H.R. 1786) (H. Rept. 104-687) [18JY]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
Walhalla National Fish Hatchery Conveyance to South Carolina:
Committee on Resources (House) (H.R. 3546) H. Rept. 104-701)
[24JY]
FLAG--U.S.
Bills and resolutions
Constitutional amendments: prohibit desecration (see H.J. Res.
177) [30AP]
Courts: copyright and impose criminal penalties for desecration
(see H.R. 3883) [23JY]
Sunbury, OH: designate as Flagville, U.S.A. (see H.J. Res. 185)
[18JY]
FLANAGAN, MICHAEL PATRICK (a Representative from Illinois)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Conferee: H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions introduced by
Lobbyists: penalty for transmission of fraudulent communications
to Congress (see H.R. 3128) [20MR]
Mother Teresa: confer honorary U.S. citizenship (see H.J. Res.
191) [10SE]
Roger P. McAuliffe Post Office, Chicago, IL: designate (see H.R.
3834) [17JY]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
FLOODS
related term(s) Disasters
Appointments
Conferees: S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
Bills and resolutions
Corps of Engineers: conduct study of mitigation banks (see H.R.
4211) [26SE]
------construction of flood control project on the Sacramento and
American Rivers, CA (see H.R. 3270) [18AP]
Dams: reduce hazards of dam failures (see H.R. 3602) [6JN]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
Federal aid programs: participation of communities in national
flood insurance program relative to protection of manufactured
homes (see H.R. 3661) [17JN]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Publications: correct flood maps containing certain errors (see
H.R. 3340) [25AP]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
Conference reports
Water Resources Development Act (S. 640) [25SE]
Reports filed
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
FLORIDA
Bills and resolutions
Big Cypress National Preserve: operation of certain tour
businesses in newly acquired areas (see H.R. 3620) [12JN]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
Everglades National Park: designate Earnest F. Coe Visitor Center
(see H.R. 4241) [27SE]
Marjory Stoneman Douglas Wilderness: designate (see H.R. 4241)
[27SE]
Native Americans: clarification of certain rights of the
Miccosukee Tribe (see H.R. 4199) [26SE]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
Wild and Scenic River System: designate the Wekiva River, Seminole
Creek and Rock Springs Run for potential addition (see H.R.
3155) [22MR]
Reports filed
Designate Wekiva River, Seminole Creek, and Rock Springs Run, FL,
for Potential Addition to the Wild and Scenic River System:
Committee on Resources (House) (H.R. 3155) (H. Rept. 104-824)
[24SE]
FLOWERS
Bills and resolutions
Tariff: fresh cut Colombian flowers (see H. Res. 452) [12JN]
[[Page 3053]]
FOGLIETTA, THOMAS M. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
Corporate Independence Commission: establish (see H.R. 3351)
[30AP]
Taxation: treatment of empowerment zones and enterprise
communities (see H.R. 3241) [15AP]
FOLEY, MARK (a Representative from Florida)
Bills and resolutions introduced by
Commission on Civil Rights: subpoena power (see H.R. 3009) [5MR]
FOOD
related term(s) Agriculture
Appointments
Conferees: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
Bills and resolutions
Agriculture: assure payment for milk and livestock delivered to
milk processors, livestock dealers, or market agencies (see
H.R. 3762) [9JY]
------define domestic industry relative to perishable agricultural
products (S. 1463), return to Senate (see H. Res. 402) [16AP]
------maintain foreign market development programs (see H.R. 2950)
[1FE]
------packing standards for imported tomatoes (see H.R. 2921)
[31JA]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
------repeal restrictions on colored margarine (see H.R. 2860)
[5JA]
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
------abolish (S. 1518), return to Senate (see H. Res. 387) [21MR]
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
------payment rate for barley (see H.R. 4002) [2AU]
Dept. of Defense: expand authority to donate unusable food (see
H.R. 3312) [24AP]
Emergency Food Assistance Act: purchase of commodities using State
funds (see H.R. 3978) [2AU]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
------forbid recipients to resell or barter with acquired food
(see H.R. 4027) [5SE]
Foreign trade: prohibit meat product imports from the European
Union (see H.R. 3050) [7MR]
Health: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
FOOD AND DRUG ADMINISTRATION
Appointments
Conferees: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Animal Welfare Act: amend and strengthen (see H.R. 4249) [27SE]
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
------abolish (S. 1518), return to Senate (see H. Res. 387) [21MR]
Breast implants: require full documentation of information (see H.
Res. 449, 527) [6JN] [19SE]
Drugs: defer effective dates for approving certain drug
applications (see H.R. 4277) [28SE]
Federal Food, Drug and Cosmetic Act: certification of drugs
containing insulin and antibiotics (see H.R. 3672) [18JN]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Government regulations: approval process and development of new
drugs and biological products (see H.R. 3199) [29MR]
Health: allow marketing of Sensor Pad medical device to aid in
breast self-examination (see H.R. 3504) [22MY]
Health care professionals: facilitate the dissemination to
physicians of scientific information on drug therapies and
medical devices (see H.R. 2932) [1FE]
Medical devices: facilitate the development and approval process
(see H.R. 3201) [29MR]
Persian Gulf Conflict: review procedures for funding of certain
medical research relative to illnesses suffered by veterans
(see H.R. 3288) [23AP]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Water: labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Animal Drug Availability Act: Committee on Commerce (House) (H.R.
2508) (H. Rept. 104-822) [24SE]
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
FOOD INDUSTRY
Bills and resolutions
Agriculture: allow interstate distribution of State-inspected meat
(see H.R. 3750) [27JN]
------assure payment for milk and livestock delivered to milk
processors, livestock dealers, or market agencies (see H.R.
3762) [9JY]
------define domestic industry relative to perishable agricultural
products (S. 1463), return to Senate (see H. Res. 402) [16AP]
------packing standards for imported tomatoes (see H.R. 2921)
[31JA]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
------provide diagnostic and certification services to reduce
diseases associated with salmonid family of fish (see H.R.
2908) [31JA]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Foreign trade: duty rate adjustment of tomatoes from Mexico
relative to import surges (see H.R. 2902) [26JA]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
FOOD QUALITY PROTECTION ACT
Bills and resolutions
Enact (H.R. 1627): consideration (see H. Res. 443) [29MY]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Provisions: Committee on Commerce (House) (H.R. 1627) (H. Rept.
104-669) [23JY]
FOOD STAMPS
Bills and resolutions
Government regulations: forbid recipients to resell or barter with
acquired food (see H.R. 4027) [5SE]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
States: exempt from certain regulatory requirements relative to
electronic distribution of benefits (see H.R. 3697) [20JN]
FORBES, MICHAEL P. (a Representative from New York)
Appointments
Conferee: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
Bills and resolutions introduced by
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
[[Page 3054]]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Rose Y. Caracappa U.S. Post Office Building, Centereach, NY:
designate (see H.R. 3139) [21MR]
Taxation: treatment of biomedical research funds (see H.R. 3624)
[12JN]
Volunteer firefighters: issue commemorative postage stamp (see H.
Con. Res. 173) [9MY]
FORD, HAROLD E. (a Representative from Tennessee)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
FOREIGN AID
related term(s) Foreign Policy
Bills and resolutions
Appropriations: authorizing for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
Children and youth: deny foreign aid to countries refusing to
enforce labor laws (see H.R. 3294) [23AP]
China, People's Republic of: oppose assistance by international
financial institutions (see H.R. 3577) [4JN]
Development Fund for Africa: funding (see H.R. 3638) [13JN]
------reauthorize (see H.R. 3735) [27JN]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
------prohibit assistance to countries that assist Cuba (see H.R.
3974) [2AU]
International Fund for Ireland: require certain entities receiving
U.S. funds to comply with the MacBride Principles (see H.R.
3621) [12JN]
International Red Cross: recognition of non-Christian symbols (see
H. Res. 464) [25JN]
Libya: prohibit U.S. assistance to countries providing landing
rights to Libyan aircraft (see H.R. 4332) [30SE]
Mexico: make foreign aid conditional to drug enforcement efforts
(see H.R. 2947; H.J. Res. 162) [1FE] [5MR]
National security: improve defense and security assistance (see
H.R. 3121) [20MR]
Peace Corps: anniversary (see H.J. Res. 158) [31JA]
Sudan: prohibit foreign aid or arms transfers until elimination of
chattel slavery (see H.R. 3766) [9JY]
Messages
National Emergency Relative to Angola: President Clinton [25MR]
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
Reports filed
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
FOREIGN ASSISTANCE ACT
Bills and resolutions
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
Reports filed
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
FOREIGN BANKS
Bills and resolutions
China, People's Republic of: oppose assistance by international
financial institutions (see H.R. 3577) [4JN]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
U.N.: promote international security by redirecting military
spending to human development (see H.R. 4306) [28SE]
FOREIGN COUNTRIES
Appointments
Conferees: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
Agriculture: maintain foreign market development programs (see
H.R. 2950) [1FE]
Alcoholic beverages: eliminate Federal subsidies for advertising
abroad (see H.R. 3472) [16MY]
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
Aviation: standards relative to foreign repair stations (see H.R.
3839) [17JY]
Borders: border-crossing fees for vehicles or pedestrians entering
the U.S. from Canada or Mexico (see H. Con. Res. 152) [14MR]
Burma: U.S. policy (see H. Con. Res. 188) [13JN]
Business and industry: assist in development of microenterprises
(see H.R. 3846) [18JY]
------discourage relocation to foreign countries and encourage
creation of new jobs (see H.R. 3252) [16AP]
Buy American Act: compliance relative to use of articles,
materials, and supplies abroad (see H.R. 4265) [27SE]
Children and youth: deny foreign aid to countries refusing to
enforce labor laws (see H.R. 3294) [23AP]
China, People's Republic of: membership in World Trade
Organization relative to protection of intellectual property
rights (see H. Res. 429) [9MY]
------prohibit importation of goods produced, manufactured, or
exported by the Army or any defense industrial trading company
(see H.R. 3684) [20JN]
------U.S. policy relative to membership in World Trade
Organization (see H.R. 4065) [12SE]
China, Republic of: democracy efforts (see H. Con. Res. 138, 140)
[31JA]
------membership in World Trade Organization relative to the
admission of the People's Republic of China (see H. Res. 490)
[26JY]
------tribute on the occasion of first Presidential election (see
H. Con. Res. 154) [26MR]
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
Commodity Exchange Act: regulatory requirements relative to the
purchase or sale of commodities from markets located abroad
(see H.R. 3891) [24JY]
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
Currency: establish interagency task force relative to the holding
and counterfeiting of U.S. currency in foreign countries (see
H.R. 3007) [5MR]
Custom Service: treatment of foreign vehicles relative to U.S.
emission standards (see H.R. 3961) [2AU]
Dept. of Defense: prohibit sale in commissary or exchange stores
of imported items not produced under minimum labor standards
(see H.R. 3843) [17JY]
------transfer naval vessels to certain foreign countries (see
H.R. 3121) [20MR]
------withdrawal of forces stationed in foreign countries that do
not assume costs and application of savings to the Federal
Hospital Insurance Trust Fund (see H.R. 2936) [1FE]
Dept. of State: establish a Board of Visa Appeals (see H.R. 2975)
[27FE]
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
------prevent manufacturing and use of methamphetamine (see H.R.
3852, 3908) [18JY] [26JY]
Elections: extend the period for receipt of certain absentee
ballots (see H.R. 3058) [8MR]
Emergency Commission To End the Trade Deficit: establish (see H.R.
3987) [2AU]
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Firearms: standards for certain foreign and domestically-produced
handguns (see H.R. 3652) [13JN]
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
------prohibit U.S. assistance to countries providing landing
rights to Libyan aircraft (see H.R. 4332) [30SE]
Foreign investments: private sector development enterprise funds
(see H.R. 3116) [19MR]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863, 3540) [22JA] [29MY]
------making appropriations (H.R. 3540), consideration (see H.
Res. 445) [30MY]
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
------establish additional narcotics control certification
standards and reporting requirements for certain illicit drug
producing countries and drug-transit countries (see H.R. 3689)
[20JN]
------loan guarantees for Ireland and Northern Ireland (see H.R.
2844) [4JA]
------provide remedy for inadequate trade benefits to the U.S. and
restrictions on free emigration from other countries (see H.R.
4289) [28SE]
------sanctions against countries assisting the weapons programs
of non-nuclear weapon states (see H. Res. 381) [13MR]
------strengthen protection of human rights (see H.R. 4036) [5SE]
------U.S. membership in regional South Pacific organizations (see
H. Con. Res. 189) [18JN]
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
------impose certain sanctions on countries that use child labor
(see H.R. 3812, 4037) [12JY] [5SE]
------imposition of trade sanctions on countries which threaten
the U.S. policy on the reduction and interdiction of illicit
drugs (see H.R. 3023) [6MR]
------most-favored-nation status for certain nonmarket economy
countries (see H.R. 2926) [1FE]
------most-favored-nation status relative to Iran, Iraq, Libya,
and Syria (see H.R. 3890) [24JY]
------prevent intellectual property piracy of databases (see H.R.
3531) [23MY]
------prevent use of child labor for soccer ball manufacturing
(see H.R. 4307) [28SE]
------prohibit meat product imports from the European Union (see
H.R. 3050) [7MR]
------provide for the liquidation of certain frozen concentrated
orange juice entries (see H.R. 3705) [24JN]
------provide President with proclamation authority relative to
articles of West Bank or Gaza Strip (see H.R. 3074) [13MR]
------require cooperation from trade partners in preventing
illegal drug traffic (see H.R. 4290) [28SE]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
------require that imported jewelry be indelibly marked with the
country of origin (see H.R. 4074) [12SE]
------require that imported jewelry boxes be indelibly marked with
the country of origin (see H.R. 4216) [26SE]
------substitute the term ``standard trade relations'' in lieu of
``nondiscriminatory treatment'' and ``most-favored-nation
treatment'' (see H.R. 3622) [12JN]
------technical corrections in legislation (see H.R. 3815) [16JY]
------treatment of exports to countries identified as state
sponsors of terrorism (see H.R. 3109) [19MR]
House of Representatives: official travel restrictions to foreign
countries during periods of lapsed appropriations (see H.R.
2841) [3JA]
House Rules: prohibit foreign travel by retiring Members (see H.
Res. 361) [1FE]
[[Page 3055]]
Immigration: allow certain aliens to obtain nonimmigrant visitor's
visas (see H.R. 4210) [26SE]
------provide special status for certain alien journalists working
in Hong Kong (see H.R. 4156) [24SE]
------waiver of exclusion for certain aliens (see H.R. 3928)
[31JY]
INS: promote the naturalization of eligible individuals (see H.R.
3323) [25AP]
------standards for naturalization (see H.R. 4056, 4143) [11SE]
[24SE]
International Fund for Ireland: require certain entities receiving
U.S. funds to comply with the MacBride Principles (see H.R.
3621) [12JN]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
------return of or compensation for properties confiscated during
Nazi, Facist, or Communist occupation (see H. Con. Res. 228)
[27SE]
------violations of arbitral obligations (see H.R. 2970) [23FE]
International Red Cross: recognition of non-Christian symbols (see
H. Res. 464) [25JN]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
------improve awareness, detection, and clearance of antipersonnel
landmines and explosive ordnance (see H.R. 3725) [26JN]
Lebanon: recognize territorial integrity, unity, sovereignty, and
independence (see H. Con. Res. 209) [2AU]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Peace Corps: anniversary (see H.J. Res. 158) [31JA]
Refuse disposal: prohibit international export and import of
certain solid waste (see H.R. 3893) [24JY]
Religion: persecution of Christians (see H. Res. 515) [2AU]
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
Sierra Leone: elections (see H. Con. Res. 160) [15AP]
Small business: provide legal redress for unfair trade practices
(see H.R. 3967) [2AU]
Solid waste: State control over disposal of solid waste imported
from other nations (see H.R. 4049) [11SE]
States: assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
Tariff: fresh cut Colombian flowers (see H. Res. 452) [12JN]
------liquidation or reliquidation of certain entries (see H.R.
3823) [16JY]
------skis and snowboards (see H.R. 4212) [26SE]
Terrorism: U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Treaties and agreements: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
------negotiation of environmental, labor and agricultural
standards relative to trade agreements in Western Hemisphere
(see H.R. 4291) [28SE]
U.N.: authorize payment of U.S. arrearages and contributions for
U.N. peacekeeping activities (see H.R. 3609; H. Con. Res. 225)
[10JN] [27SE]
------promote international security by redirecting military
spending to human development (see H.R. 4306) [28SE]
U.S. Immigration Court: establish (see H.R. 4258) [27SE]
U.S. Trade Administration: establish (see H.R. 4328) [28SE]
Veterans: authorize the Pyramid of Remembrance Foundation to
establish a memorial dedicated to soldiers who have died in
foreign conflicts (see H.R. 3442) [10MY]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
Zaire: democracy efforts (see H. Res. 399) [29MR]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
Agreement With Japan Relative to Whaling: President Clinton [13FE]
Agreement With Poland Relative to Fisheries: President Clinton
[13FE]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
National Emergency Relative to Angola: President Clinton [16SE]
National Emergency Relative to Iran: President Clinton [16MY]
[16SE]
National Emergency Relative to Iraq: President Clinton [13FE]
[23JY]
National Emergency Relative to Libya: President Clinton [3JA]
Motions
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
Reports filed
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Export Controls Authority: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [5JN]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
Foreign Trade Export Controls: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [27JN]
Foreign Trade Legislation Technical Corrections: Committee on Ways
and Means (House) (H.R. 3815) (H. Rept. 104-718) [29JY]
Microenterprise Act: Committee on International Relations (House)
(H.R. 3846) (H. Rept. 104-715) [29JY]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
FOREIGN CURRENCIES
Bills and resolutions
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
FOREIGN INVESTMENTS
Bills and resolutions
China, People's Republic of: oppose assistance by international
financial institutions (see H.R. 3577) [4JN]
Foreign countries: private sector development enterprise funds
(see H.R. 3116) [19MR]
Taxation: increase child care credit and eliminate the exclusion
of certain income relative to foreign sales corporations (see
H.R. 3332) [25AP]
FOREIGN POLICY
Appointments
British-U.S. Interparliamentary Group [29MR] [7MY]
Canada-U.S. Interparliamentary Group [27MR] [8MY]
Conferees: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Arms sales: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
Bulgaria: most-favored-nation status (see H.R. 2853) [5JA]
------most-favored-nation status (H.R. 1643), concur with Senate
amendment (see H. Res. 328) [3JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of the Senate amendment (see H. Res. 334)
[4JA]
Burma: impose sanctions (see H.R. 2892) [25JA]
------U.S. policy (see H. Con. Res. 188) [13JN]
Cambodia: human rights situation (see H. Res. 345) [25JA]
Children and youth: deny foreign aid to countries refusing to
enforce labor laws (see H.R. 3294) [23AP]
China, People's Republic of: human rights situation in Tibet (see
H. Res. 347) [25JA]
------increased tariffs relative to intellectual property rights
(see H.R. 3421) [8MY]
------membership in World Trade Organization relative to
protection of intellectual property rights (see H. Res. 429)
[9MY]
------most-favored-nation status (see H.J. Res. 181, 182) [12JN]
[13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------oppose assistance by international financial institutions
(see H.R. 3577) [4JN]
------prohibit importation of goods produced, manufactured, or
exported by the Army or any defense industrial trading company
(see H.R. 3684) [20JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
------U.S. policy relative to membership in World Trade
Organization (see H.R. 4065) [12SE]
China, Republic of: democracy efforts (see H. Con. Res. 138, 140)
[31JA]
------endorse adoption of European Parliament resolution
supporting efforts at joining the community of nations (see H.
Con. Res. 212) [11SE]
------membership in World Trade Organization relative to the
admission of the People's Republic of China (see H. Res. 490)
[26JY]
------tribute on the occasion of first Presidential election (see
H. Con. Res. 154) [26MR]
[[Page 3056]]
------U.S. policy on regional stability and defense (see H. Con.
Res. 148) [7MR]
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
Cuba: strengthen international economic sanctions and support
transition to democratically elected government (H.R. 927),
consideration of conference report (see H. Res. 370) [5MR]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Currency: establish interagency task force relative to the holding
and counterfeiting of U.S. currency in foreign countries (see
H.R. 3007) [5MR]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Dept. of Defense: transfer naval vessels to certain foreign
countries (see H.R. 3121) [20MR]
------withdrawal of forces stationed in foreign countries that do
not assume costs and application of savings to the Federal
Hospital Insurance Trust Fund (see H.R. 2936) [1FE]
Dept. of State: consolidate foreign affairs agencies (H.R. 1561),
consideration of conference report (see H. Res. 375) [7MR]
Development Fund for Africa: funding (see H.R. 3638) [13JN]
------reauthorize (see H.R. 3735) [27JN]
Drugs: establish additional narcotics control certification
standards and reporting requirements for certain illicit drug
producing countries and drug-transit countries (see H.R. 3689)
[20JN]
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
------improve defense and security assistance (see H.R. 3121)
[20MR]
------prohibit assistance to countries that assist Cuba (see H.R.
3974) [2AU]
------prohibit U.S. assistance to countries providing landing
rights to Libyan aircraft (see H.R. 4332) [30SE]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863, 3540) [22JA] [29MY]
------making appropriations (H.R. 3540), consideration (see H.
Res. 445) [30MY]
Foreign trade: duty rate adjustment of tomatoes from Mexico
relative to import surges (see H.R. 2902) [26JA]
------extend authority for certain export assistance agencies (see
H.R. 3759, 4109) [9JY] [18SE]
------impose sanctions on foreign persons exporting petroleum
products, natural gas, or related technology to Iran and Libya
(see H.R. 3107) [19MR]
------imposition of trade sanctions on countries which threaten
the U.S. policy on the reduction and interdiction of illicit
drugs (see H.R. 3023) [6MR]
------most-favored-nation status for certain nonmarket economy
countries (see H.R. 2926) [1FE]
------most-favored-nation status relative to Iran, Iraq, Libya,
and Syria (see H.R. 3890) [24JY]
------prevent intellectual property piracy of databases (see H.R.
3531) [23MY]
------prevent use of child labor for soccer ball manufacturing
(see H.R. 4307) [28SE]
------prohibit meat product imports from the European Union (see
H.R. 3050) [7MR]
------provide President with proclamation authority relative to
articles of West Bank or Gaza Strip (see H.R. 3074) [13MR]
------require cooperation from trade partners in preventing
illegal drug traffic (see H.R. 4290) [28SE]
------substitute the term ``standard trade relations'' in lieu of
``nondiscriminatory treatment'' and ``most-favored-nation
treatment'' (see H.R. 3622) [12JN]
------technical corrections in legislation (see H.R. 3815) [16JY]
------treatment of exports to countries identified as state
sponsors of terrorism (see H.R. 3109) [19MR]
Forrestal Institute: establish (see H.R. 2993) [29FE]
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
Germany: expand criteria by which Holocaust survivors may qualify
for compensation (see H. Res. 501) [31JY]
Government: provide remedy for inadequate trade benefits to the
U.S. and restrictions on free emigration from other countries
(see H.R. 4289) [28SE]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
House of Representatives: official travel restrictions to foreign
countries during periods of lapsed appropriations (see H.R.
2841) [3JA]
Human rights: strengthen protection (see H.R. 4036) [5SE]
Immigration: allow certain aliens to obtain nonimmigrant visitor's
visas (see H.R. 4210) [26SE]
------asylum reform (see H.R. 3744) [27JN]
------waiver of exclusion for certain aliens (see H.R. 3928)
[31JY]
Intelligence services: reorganize and reform management of
intelligence community (see H.R. 3237) [15AP]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
International Fund for Ireland: require certain entities receiving
U.S. funds to comply with the MacBride Principles (see H.R.
3621) [12JN]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
------return of or compensation for properties confiscated during
Nazi, Facist, or Communist occupation (see H. Con. Res. 228)
[27SE]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
------improve awareness, detection, and clearance of antipersonnel
landmines and explosive ordnance (see H.R. 3725) [26JN]
Ireland: loan guarantees (see H.R. 2844) [4JA]
Kenya: human rights and political situation (see H. Con. Res. 135)
[25JA]
Korea, Democratic People's Republic of: infiltration of military
personnel into the Republic of Korea (see H. Con. Res. 224)
[27SE]
Kosovo: human rights violations (see H. Con. Res. 155) [27MR]
Lebanon: restrictions on travel and the use of U.S. passports (see
H. Res. 390) [22MR]
------withdrawal of Syrian military (see H. Con. Res. 190) [19JN]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Mauritania: human rights violations (see H. Con. Res. 142) [1FE]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947; H.J. Res. 162) [1FE] [5MR]
------safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Moldova: removal of Russian Armed Forces (see H. Con. Res. 145)
[1FE]
Mongolia: most-favored-nation status (see H.R. 4086) [17SE]
NATO: membership of Central and East European countries (see H.R.
3564, 4096) [4JN] [17SE]
Northern Ireland: loan guarantees (see H.R. 2844) [4JA]
Pang, Martin: extradition from Brazil to the U.S. (see H. Con.
Res. 132) [5JA]
Refugees: treatment of adult children of Vietnamese reeducation
camp internees relative to resettlement in the U.S. (see H.
Res. 493) [30JY]
Romania: most-favored-nation status (see H.R. 3161) [26MR]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Small business: provide legal redress for unfair trade practices
(see H.R. 3967) [2AU]
South Pacific region: U.S. membership in regional organizations
(see H. Con. Res. 189) [18JN]
Sub-Saharan Africa: authorize trade and investment policy (see
H.R. 4198) [26SE]
Sudan: prohibit foreign aid or arms transfers until elimination of
chattel slavery (see H.R. 3766) [9JY]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
------treatment of Armed Forces members performing services in
Somalia (see H.R. 4179) [25SE]
Terrorism: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
------develop technologies to combat (see H.R. 3960) [2AU]
------improve U.S. ability to respond to terrorist threats (see
H.R. 3071) [12MR]
------U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Turkey: conflict resolution between Government and Kurdish
militants (see H. Con. Res. 136) [25JA]
U.N.: authorize payment of U.S. arrearages and contributions for
U.N. peacekeeping activities (see H.R. 3609; H. Con. Res. 225)
[10JN] [27SE]
U.S. Immigration Court: establish (see H.R. 4258) [27SE]
Vietnam: release of Buddhist monks and civilians and Roman
Catholic monks and priests (see H. Con. Res. 179) [16MY]
Yugoslavia: human and political rights of the Bosnian people of
the Sanjak region in Serbia and Montenegro (see H. Con. Res.
217) [24SE]
Zaire: democracy efforts (see H. Res. 399) [29MR]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Messages
Agreement With Poland Relative to Fisheries: President Clinton
[13FE]
Caribbean Basin Economic Recovery Act: President Clinton [2OC]
CHINASAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
COSAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Foreign Trade Policy and Agreements: President Clinton [27MR]
Globalstar Satellite Project Restrictions Waiver on Export of
U.S.-Origin Satellites to the People's Republic of China:
President Clinton [10JY]
Israel Loan Guarantees: President Clinton [3JA]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
MABUHAY Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Mongolian Emigration Laws and Policies: President Clinton [5SE]
[[Page 3057]]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
National Emergency Relative to Angola: President Clinton [25MR]
[16SE] [19SE]
National Emergency Relative to Cuba: President Clinton [4MR]
National Emergency Relative to Iran: President Clinton [12MR]
[16SE]
National Emergency Relative to Iraq: President Clinton [13FE]
National Emergency Relative to Lapse of Export Administration Act:
President Clinton [4JN]
National Emergency Relative to Libya: President Clinton [3JA]
[22JA] [22JY]
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons: President Clinton [14MY]
Revised Deferral of Budgetary Resources: President Clinton [27FE]
[14MY]
Supplementary Social Security Agreement Between the U.S. and
Austria: President Clinton [20MY]
U.S. Participation in the U.N.: President Clinton [24JY]
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy: President Clinton [19MR]
Veto of H.R. 1561, American Overseas Interests Act: President
Clinton [15AP]
Motions
Bulgaria: most-favored-nation status (H.R. 1643) [5JA]
------most-favored-nation status (H.R. 1643), concur with Senate
amendment (H. Res. 328) [3JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of the Senate amendment (H. Res. 334) [5JA]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation: Committee on Rules (House) (H. Res.
375) (H. Rept. 104-476) [7MR]
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Consideration of Motion To Dispose of the Senate Amendment to H.R.
1643, Most-Favored-Nation Status for Bulgaria: Committee on
Rules (House) (H. Res. 334) (H. Rept. 104-447) [4JA]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
Foreign Trade Legislation Technical Corrections: Committee on Ways
and Means (House) (H.R. 3815) (H. Rept. 104-718) [29JY]
Intelligence Community Reorganization and Reform: Committee on
National Security (House) (H.R. 3237) (H. Rept. 104-620)
[23JY]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
Marshall Islands Rongelop Resettlement Trust Fund Administration:
Committee on Resources (House) (H.R. 1332) (H. Rept. 104-471)
[5MR]
Most-Favored-Nation Status for Bulgaria: Committee on Ways and
Means (House) (H.R. 2853) (H. Rept. 104-466) [29FE]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
Most-Favored-Nation Status for Romania: Committee on Ways and
Means (House) (H.R. 3161) (H. Rept. 104-629) [19JN]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
FOREIGN RELATIONS REVITALIZATION ACT
Appointments
Conferees: H.R. 1561, American Overseas Interests Act [28FE]
Bills and resolutions
Enact (H.R. 1561): consideration of conference report (see H. Res.
375) [7MR]
Conference reports
Provisions (H.R. 1561) [8MR]
Messages
Veto of H.R. 1561, Provisions: President Clinton [15AP]
Reports filed
Consideration of Conference Report on H.R. 1561, Provisions:
Committee on Rules (House) (H. Res. 375) (H. Rept. 104-476)
[7MR]
Provisions: Committee of Conference (H.R. 1561) (H. Rept. 104-478)
[8MR]
FOREIGN SERVICE
related term(s) Diplomats
Bills and resolutions
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
Reports filed
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
FOREIGN TRADE
related term(s) International Trade; Tariff
Appointments
Conferees: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
Bills and resolutions
Agriculture: define domestic industry relative to perishable
agricultural products (S. 1463), return to Senate (see H. Res.
402) [16AP]
------improve operation of certain programs (see H.R. 2973) [27FE]
------maintain foreign market development programs (see H.R. 2950)
[1FE]
------packing standards for imported tomatoes (see H.R. 2921)
[31JA]
Alcoholic beverages: eliminate Federal subsidies for advertising
abroad (see H.R. 3472) [16MY]
American Samoa: clarify rules of origin for textile and apparel
products (see H.R. 3761) [9JY]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
------abolish (S. 1518), return to Senate (see H. Res. 387) [21MR]
Brown, Ronald H.: tribute (see H. Res. 403, 404, 406) [16AP]
[18AP]
Bulgaria: most-favored-nation status (see H.R. 2853) [5JA]
------most-favored-nation status (H.R. 1643), concur with Senate
amendment (see H. Res. 328) [3JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of the Senate amendment (see H. Res. 334)
[4JA]
Burma: impose sanctions (see H.R. 2892) [25JA]
Business and industry: acquisition of domestically-developed
technology by U.S. companies (see H. Con. Res. 202) [25JY]
------discourage relocation to foreign countries and encourage
creation of new jobs (see H.R. 3252) [16AP]
------ensure competitiveness of textile and apparel industry (see
H.R. 3654) [13JN]
Canada: limit imports of wool apparel (see H.R. 4338) [1OC]
Child labor: impose certain sanctions on countries that use child
labor (see H.R. 3812, 4037) [12JY] [5SE]
------prevent use for soccer ball manufacturing (see H.R. 4307)
[28SE]
China, People's Republic of: increased tariffs relative to
intellectual property rights (see H.R. 3421) [8MY]
------membership in World Trade Organization relative to
protection of intellectual property rights (see H. Res. 429)
[9MY]
------most-favored-nation status (see H.J. Res. 181, 182) [12JN]
[13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------prohibit importation of goods produced, manufactured, or
exported by the Army or any defense industrial trading company
(see H.R. 3684) [20JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
------U.S. policy relative to membership in World Trade
Organization (see H.R. 4065) [12SE]
China, Republic of: membership in World Trade Organization
relative to the admission of the People's Republic of China
(see H. Res. 490) [26JY]
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
------regulatory requirements relative to the purchase or sale of
commodities from markets located abroad (see H.R. 3891) [24JY]
Computers: prevent intellectual property piracy of databases (see
H.R. 3531) [23MY]
------use, sale, and export of encryption products for privacy and
security (see H.R. 3011) [5MR]
Cuba: strengthen international economic sanctions and support
transition to democratically elected government (H.R. 927),
consideration of conference report (see H. Res. 370) [5MR]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
Dept. of Agriculture: provide diagnostic and certification
services to reduce diseases associated with salmonid family of
fish (see H.R. 2908) [31JA]
[[Page 3058]]
Dept. of Commerce: relief of survivors of Federal employees killed
in plane crash while on trade mission in Croatia (see H.R.
3545) [29MY]
------tribute to employees and business leaders killed in plane
crash while on trade mission in Croatia (see H. Res. 403, 404,
406) [16AP] [18AP]
Dept. of Defense: prohibit sale in commissary or exchange stores
of imported items not produced under minimum labor standards
(see H.R. 3843) [17JY]
Drugs: imposition of trade sanctions on countries which threaten
the U.S. policy on the reduction and interdiction of illicit
drugs (see H.R. 3023) [6MR]
------require cooperation from trade partners in preventing
illegal drug traffic (see H.R. 4290) [28SE]
Emergency Commission To End the Trade Deficit: establish (see H.R.
3987) [2AU]
Employment: extend time period for filing of trade adjustment
assistance petitions (see H.R. 3271) [18AP]
Exports: extend authority for certain export assistance agencies
(see H.R. 3759, 4109) [9JY] [18SE]
Firearms: ban assault weapons, large capacity ammunition feeding
devices and provide for mandatory minimum penalties for use
during commission of a Federal crime (see H.R. 3382) [1MY]
------ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------repeal ban on assault weapons and large capacity ammunition
feeding devices (H.R. 125), consideration (see H. Res. 364,
388) [23FE] [21MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
Food industry: prohibit meat product imports from the European
Union (see H.R. 3050) [7MR]
Foreign countries: border-crossing fees for vehicles or
pedestrians entering the U.S. from Canada or Mexico (see H.
Con. Res. 152) [14MR]
------most-favored-nation status for certain nonmarket economy
countries (see H.R. 2926) [1FE]
------private sector development enterprise funds (see H.R. 3116)
[19MR]
------substitute the term ``standard trade relations'' in lieu of
``nondiscriminatory treatment'' and ``most-favored-nation
treatment'' (see H.R. 3622) [12JN]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863, 3540) [22JA] [29MY]
------making appropriations (H.R. 3540), consideration (see H.
Res. 445) [30MY]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
------most-favored-nation status relative to Iran, Iraq, Libya,
and Syria (see H.R. 3890) [24JY]
------provide remedy for inadequate trade benefits to the U.S. and
restrictions on free emigration from other countries (see H.R.
4289) [28SE]
------sanctions against countries assisting the weapons programs
of non-nuclear weapon states (see H. Res. 381) [13MR]
FTC: authorizing appropriations (see H.R. 3553) [30MY]
Gemini Telescope Project: duty-free treatment of certain materials
(see H.R. 3516, 3951) [22MY] [2AU]
Imports: provide for the liquidation of certain frozen
concentrated orange juice entries (see H.R. 3705) [24JN]
Intellectual Property Assembly of the Americas: establish (see
H.R. 3808) [12JY]
Iran: impose sanctions on foreign persons exporting petroleum
products, natural gas, or related technology (see H.R. 3107)
[19MR]
Israel: provide President with proclamation authority relative to
articles of West Bank or Gaza Strip (see H.R. 3074) [13MR]
Jewelry: require that imported jewelry be indelibly marked with
the country of origin (see H.R. 4074) [12SE]
Jewelry boxes: require that imported jewelry be indelibly marked
with the country of origin (see H.R. 4216) [26SE]
Legislation: technical corrections (see H.R. 3815) [16JY]
Libya: impose sanctions on foreign persons exporting petroleum
products, natural gas, or related technology (see H.R. 3107)
[19MR]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Metric system: conversion requirements (see H.R. 4233) [27SE]
Mexico: duty rate adjustment of tomatoes relative to import surges
(see H.R. 2902) [26JA]
Mongolia: most-favored-nation status (see H.R. 4086) [17SE]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Puerto Rico: application of coastwise trade laws relative to
travel to or from Puerto Rico (see H.R. 3020) [6MR]
Romania: most-favored-nation status (see H.R. 3161) [26MR]
Ronald H. Brown Commerce Building, Washington, DC: designate (see
H.R. 3247) [15AP]
SBA: participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
Small business: provide legal redress for unfair trade practices
(see H.R. 3967) [2AU]
Tariff: certain industrial nylon fabrics (see H.R. 4150) [24SE]
------certain iron and steel pipe and tube products (see H.R.
3255) [16AP]
------certain silver and gold bars (see H.R. 3615) [11JN]
------certain water resistant wool trousers (see H.R. 3718) [25JN]
------chemicals (see H.R. 4184) [25SE]
------DEMT (see H.R. 4057) [11SE]
------desmedipham (see H.R. 3438) [10MY]
------ethofumesate (see H.R. 3440) [10MY]
------fireworks (see H.R. 2895) [25JA]
------footwear (see H.R. 2890) [25JA]
------fresh cut Colombian flowers (see H. Res. 452) [12JN]
------Fybrel [SWP] (see H.R. 3254) [16AP]
------golf clubs and golf club components (see H.R. 4240) [27SE]
------HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
------lead fuel test assemblies (see H.R. 3499) [21MY]
------liquidation or reliquidation of certain entries (see H.R.
3823) [16JY]
------para ethyl phenol (see H.R. 3728) [26JN]
------pharmaceutical-grade phospholipids (see H.R. 4273) [27SE]
------phenmedipham (see H.R. 3439) [10MY]
------plastic web sheeting (see H.R. 4003) [2AU]
------scientific instruments and apparatus (see H.R. 3952) [2AU]
------skis and snowboards (see H.R. 4212) [26SE]
------tetraamino biphenyl (see H.R. 2870) [23JA]
------2,2-dichlorophenylacetic acid ethyl ester (DCPAE) (see H.R.
3025) [6MR]
------2-amino-3-chlorobenzoic acid, methyl ester (see H.R. 2889)
[25JA]
------wheat gluten (see H.R. 4053) [11SE]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
Terrorism: treatment of exports to countries identified as state
sponsors of terrorism (see H.R. 3109) [19MR]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
Treaties and agreements: authorize a trade agreement with Northern
Ireland and certain counties in Ireland (see H.R. 3599) [6JN]
------negotiation of environmental, labor and agricultural
standards relative to trade agreements in Western Hemisphere
(see H.R. 4291) [28SE]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
U.S. Trade Administration: establish (see H.R. 4328) [28SE]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Messages
CHINASAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
COSAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Economic Report: President Clinton [16FE]
Foreign Trade Policy and Agreements: President Clinton [27MR]
Globalstar Satellite Project Restrictions Waiver on Export of
U.S.-Origin Satellites to the People's Republic of China:
President Clinton [10JY]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
MABUHAY Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
National Emergency Relative to Iraq: President Clinton [13FE]
National Emergency Relative to Lapse of Export Administration Act:
President Clinton [4JN]
National Emergency Relative to Libya: President Clinton [22JA]
Small Business and Competition: President Clinton [5JN]
Motions
Bulgaria: most-favored-nation status (H.R. 1643) [5JA]
------most-favored-nation status (H.R. 1643), concur with Senate
amendment (H. Res. 328) [3JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of the Senate amendment (H. Res. 334) [5JA]
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125) [22MR]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
Reports filed
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
[[Page 3059]]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Consideration of H.R. 125, Repeal Ban on Assault Weapons and Large
Capacity Ammunition Feeding Devices: Committee on Rules
(House) (H. Res. 388) (H. Rept. 104-490) [21MR]
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Consideration of Motion To Dispose of the Senate Amendment to H.R.
1643, Most-Favored-Nation Status for Bulgaria: Committee on
Rules (House) (H. Res. 334) (H. Rept. 104-447) [4JA]
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
Dept. of Commerce Toll-Free Telephone Number for Consumer
Assistance: Committee on Commerce (House) (H.R. 447) (H. Rept.
104-753) [2AU]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Export Controls Authority: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [5JN]
Foreign Operations, Export Financing, and Related Programs
Appropriations: Committee on Appropriations (House) (H.R.
3540) (H. Rept. 104-600) [29MY]
Foreign Trade Export Controls: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [27JN]
Foreign Trade Legislation Technical Corrections: Committee on Ways
and Means (House) (H.R. 3815) (H. Rept. 104-718) [29JY]
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
Most-Favored-Nation Status for Bulgaria: Committee on Ways and
Means (House) (H.R. 2853) (H. Rept. 104-466) [29FE]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
Most-Favored-Nation Status for Romania: Committee on Ways and
Means (House) (H.R. 3161) (H. Rept. 104-629) [19JN]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
FOREIGN TRAVEL EXPENDITURES
Bills and resolutions
House of Representatives: require Members to submit annual reports
on federally funded travel for publication in the
Congressional Record (see H. Res. 423) [2MY]
FOREST SERVICE
Bills and resolutions
Firefighting: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
National forests: authorize and extend certain activities of the
National Forest Foundation (see H.R. 4171) [25SE]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Reports filed
Hells Canyon Wilderness Area Boundary Modification: Committee on
Resources (House) (H.R. 2693) (H. Rept. 104-779) [9SE]
Lake Tahoe Basin National Forest Designation: Committee on
Resources (House) (H.R. 2122) (H. Rept. 104-772) [4SE]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski Areas: Committee on
Resources (House) (H.R. 1527) (H. Rept. 104-516) [15AP]
FORESTS
related term(s) Lumber Industry
Bills and resolutions
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Dept. of Defense: sale of excess aircraft relative to suppression
of wildfires (see H.R. 4108) [18SE]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
National forests: authorize and extend certain activities of the
National Forest Foundation (see H.R. 4171) [25SE]
Public lands: designate and protect certain Federal lands (see
H.R. 4145) [24SE]
San Isabel National Forest, CO: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Snoqualmie National Forest: expand boundaries (see H.R. 3497)
[21MY]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Reports filed
Lake Tahoe Basin National Forest Designation: Committee on
Resources (House) (H.R. 2122) (H. Rept. 104-772) [4SE]
National Forests Timber Substitution for the Cancelled Elkhorn
Ridge Timber Sale: Committee on Resources (House) (H.R. 2711)
(H. Rept. 104-761) [4SE]
Snoqualmie National Forest Boundary Expansion: Committee on
Resources (House) (H.R. 3497) (H. Rept. 104-816) [23SE]
FORRESTAL INSTITUTE
Bills and resolutions
Establish (see H.R. 2993) [29FE]
FORT LEWIS, WA
Bills and resolutions
Weyerhaeuser Real Estate Co.: land exchange (see H.R. 2859) [5JA]
FORT PECK, MT
Bills and resolutions
Water: authorize the construction of the Fort Peck Rural County
Water Supply System (see H.R. 4188) [25SE]
Reports filed
Fort Peck Rural County Water Supply System Act: Committee on
Resources (House) (S. 1467) (H. Rept. 104-769) [4SE]
FORT PECK RURAL COUNTY WATER SUPPLY SYSTEM ACT
Reports filed
Provisions: Committee on Resources (House) (S. 1467) (H. Rept.
104-769) [4SE]
FORT WORTH, TX
Bills and resolutions
Jim Wright Post Office Building: designate (see H.R. 4232) [27SE]
FOWLER, TILLIE K. (a Representative from Florida)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1004, Coast Guard appropriations [29FE]
House of Representatives Page Board [1AU]
FOX, JON D. (a Representative from Pennsylvania)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Bills and resolutions introduced by
Animals: prevent pet theft (see H.R. 3393) [7MY]
Committees of the House: majority party appointments (see H. Res.
462) [25JN]
Congress: reform lobbying disclosure and gift rules (see H.R.
3140) [21MR]
Courts: prevent retaliation and tampering of witnesses and jury
members (see H.R. 3120) [20MR]
House Rules: authority of the Committee on Rules (House) to report
rules or orders waiving the germaneness requirement (see H.
Res. 505) [1AU]
Housing: prevent certain abuses (see H.R. 4235) [27SE]
Medicaid: screening mammography and screening pap smears (see H.R.
3630) [12JN]
Postal Service: treatment of deceptive or misleading mail (see
H.R. 3884) [24JY]
Taxation: employer credits for expenses of providing dependent
care services to employees (see H.R. 2985) [28FE]
------extend the veterans' adjustable rate mortgage demonstration
project (see H.R. 3939) [1AU]
------refundable credit for the contribution of books to libraries
(see H.R. 3979) [2AU]
------refundable income credit to businesses which recycle office
wastes (see H.R. 3955) [2AU]
------treatment of investment tax credits (see H.R. 2983) [28FE]
------treatment of research credits (see H.R. 2984) [28FE]
Tobacco products: limit access to minors (see H.R. 3954, 4245)
[2AU] [27SE]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
Veterans: authorize financial assistance for legal representation
in Court of Veterans Appeals proceedings (see H.R. 3493, 3506)
[20MY] [22MY]
FRANCE, REPUBLIC OF
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Bills and resolutions
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
FRANK, BARNEY (a Representative from Massachusetts)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
Bills and resolutions introduced by
Crime: penalties relative to endangerment of children in hostage
situations (see H.R. 4121) [19SE]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Dept. of State: establish a Board of Visa Appeals (see H.R. 2975)
[27FE]
Education: eligibility standards for short term educational
programs (see H.R. 2914) [31JA]
Employment: provide training assistance to individuals employed in
an economically depressed industry and area (see H.R. 3403)
[7MY]
FRS: use of surplus funds to cover Financing Corp. obligations
(see H.R. 3261) [17AP]
Immigration: waiver of exclusion for certain aliens (see H.R.
3928) [31JY]
International Red Cross: recognition of non-Christian symbols (see
H. Res. 464) [25JN]
FRANKLIN (U.S.S.)
Bills and resolutions
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
[[Page 3060]]
FRANKS, BOB (a Representative from New Jersey)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Children and youth: prohibit sale of personal information without
parental consent (see H.R. 3508) [22MY]
Computers: regulate use of personal information obtained by
interactive computer services (see H.R. 4299) [28SE]
FERC: disapproving of rules concerning open access transmission
services of public utilities (see H.J. Res. 178) [1MY]
Food stamps: forbid recipients to resell or barter with acquired
food (see H.R. 4027) [5SE]
Government: require comparable treatment of the President, Vice
President, Cabinet members, and Members of Congress with
Federal employees during Government shutdown (see H.R. 2855)
[5JA]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
Job Corps: ensure a drug-free, safe, and cost effective program
(see H.R. 3169) [27MR]
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093)
[17SE]
Permanent Performance Review Commission: establish (see H.R. 3982)
[2AU]
Postal Service: prohibit penalization for use of private express
services for certain letters and packets (see H.R. 3981) [2AU]
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
FRANKS, GARY A. (a Representative from Connecticut)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions introduced by
Business and industry: acquisition of domestically-developed
technology by U.S. companies (see H. Con. Res. 202) [25JY]
CERCLA: establish loan program for cleanup of brownfield sites
(see H.R. 3214) [29MR]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
3093) [14MR]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
Taxation: State establishment of health insurance systems for
temporarily unemployed individuals (see H.R. 3092) [14MR]
FRATERNAL ORGANIZATIONS
Bills and resolutions
Phi Beta Lambda (fraternal organization): tribute (see H. Con.
Res. 164) [18AP]
FRAZER, VICTOR O. (a Delegate from the Virgin Islands)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Bills and resolutions introduced by
Disasters: provide windstorm insurance to certain property owners
and require study relative to taxation of insurance reserves
for future natural disasters (see H.R. 4115) [19SE]
Virgin Islands: temporary absence of executive officials and
priority payment of certain bonds and other obligations (see
H.R. 3634) [13JN]
------transfer of management authority of Christiansted National
Historic Site (see H.R. 3635) [13JN]
FREE ENTERPRISE
Bills and resolutions
Electric power: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
Foreign countries: private sector development enterprise funds
(see H.R. 3116) [19MR]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
Telecommunications: continued operation of certain overlapping
stations (see H.R. 3073) [12MR]
------reform policies regulating competition (S. 652),
consideration of conference report (see H. Res. 353) [31JA]
Conference reports
Telecommunications Act (S. 652) [31JA]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
FREEDOM OF INFORMATION
Bills and resolutions
Freedom of Information Act: provide public access to information
in an electronic format (see H.R. 3802, 3885) [12JY] [24JY]
Reports filed
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
Release of Relevant Information on Violent Sex Offenders:
Committee on the Judiciary (House) (H.R. 2137) (H. Rept. 104-
555) [6MY]
FREEDOM OF INFORMATION ACT
Bills and resolutions
Information services: provide public access to information in an
electronic format (see H.R. 3802, 3885) [12JY] [24JY]
Reports filed
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
FREEDOM OF RELIGION
Bills and resolutions
Civil liberties: enforce constitutional rights (see H.R. 4129,
4130) [20SE]
Constitutional amendments: protection (see H.J. Res. 161, 184)
[28FE] [16JY]
FREEDOM OF SPEECH
Bills and resolutions
Colleges and universities: protect speech and association rights
of students (see H.R. 4207) [26SE]
Computers: protection of freedom of speech on-line and on the
Internet (see H.R. 3606) [10JN]
------provide parental control of child access to online services
(see H.R. 3089) [14MR]
National Telecommunications and Information Administration: report
on hate speech relative to the Internet (see H.R. 3781) [10JY]
FREEDOM OF THE PRESS
Bills and resolutions
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
FRELINGHUYSEN, RODNEY P. (a Representative from New Jersey)
Appointments
Conferee: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3845, District of Columbia appropriations [26JY]
FRISA, DANIEL (a Representative from New York)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Developmental Disabilities Assistance and Bill of Rights Act:
reauthorize (see H.R. 3867) [23JY]
Firearms: ban assault weapons, large capacity ammunition feeding
devices and provide for mandatory minimum penalties for use
during commission of a Federal crime (see H.R. 3382) [1MY]
Telephones: impose fees for the allocation of toll-free phone
numbers (see H. Con. Res. 175) [10MY]
FROST, MARTIN (a Representative from Texas)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Bills and resolutions introduced by
Crime: penalties for certain sex offenses against children (see
H.R. 3180) [28MR]
FRY, VARIAN
Bills and resolutions
Congressional Gold Medal: award (see H.R. 3352) [30AP]
FUELS
see Electric Power; Natural Gas; Nuclear Energy; Petroleum; Power
Resources
FUNDERBURK, DAVID (a Representative from North Carolina)
Bills and resolutions introduced by
China, Republic of: tribute on the occasion of first Presidential
election (see H. Con. Res. 154) [26MR]
FUNERALS
see Cemeteries and Funerals
FURSE, ELIZABETH (a Representative from Oregon)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Health: require health plans to provide coverage for children (see
H.R. 4300) [28SE]
Women: effect of environment on health (see H.R. 3509) [22MY]
------treatment of pensions relative to spouses and former spouses
(see H.R. 3510) [22MY]
FUTURE BUSINESS LEADERS OF AMERICA
Bills and resolutions
Phi Beta Lambda (fraternal organization): tribute (see H. Con.
Res. 164) [18AP]
GALLEGLY, ELTON (a Representative from California)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
California: transfer of public lands to certain Indian tribes (see
H.R. 3642) [13JN]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
House of Representatives: provide for a nonvoting delegate from
the Northern Mariana Islands (see H.R. 3879, 4067) [23JY]
[12SE]
Housing: limit use of federally assisted housing by aliens (see
H.R. 2885) [25JA]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
National Weather Service: relocation of radar tower near Ojai, CA
(see H.R. 3523) [23MY]
GAMBLING
related term(s) Lotteries
Bills and resolutions
Credit: prohibit extensions relative to gambling (see H.R. 4337)
[1OC]
Crime: transmission of wagering information (see H.R. 3526) [23MY]
States: grant jurisdiction over activities conducted on Native
American lands (see H.R. 3289) [23AP]
Taxation: treatment of organizations that conduct certain games of
chance (see H.R. 4157) [24SE]
GANSKE, GREG (a Representative from Iowa)
Bills and resolutions introduced by
Families and domestic relations: payment of settlements to
individuals relative to child support and alimony obligations
(see H.R. 3895) [25JY]
Health: prohibit interference between health care providers and
their patients (see H.R. 2976) [27FE]
House of Representatives: require Members to submit annual reports
on federally funded travel for publication in the
Congressional Record (see H. Res. 423) [2MY]
[[Page 3061]]
GARBAGE
see Refuse Disposal
GATT
see Treaties and Agreements
GEJDENSON, SAM (a Representative from Connecticut)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Foreign trade: treatment of exports to countries identified as
state sponsors of terrorism (see H.R. 3109) [19MR]
Hoptoad (vessel): certificate of documentation (see H.R. 3388)
[1MY]
Members of Congress: retirement eligibility (see H.R. 3887) [24JY]
GEKAS, GEORGE W. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions introduced by
Appropriations: establish automatic continuing appropriations (see
H.R. 4094) [17SE]
Federal employees: prohibit use of credit cards (see H.R. 2968)
[23FE]
Government: authorize alternative dispute resolution systems (see
H.R. 2977) [27FE]
Government regulations: require reasonable notice to businesses of
changes made to regulations imposed by Federal agencies (see
H.R. 3307) [24AP]
Health: liability of raw material and component suppliers to
medical device manufacturers (see H.R. 3468) [16MY]
Taxation: treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
Reports filed
Congressional Consent for Mutual Aid Agreement Between the Cities
of Bristol, VA, and Bristol, TN: Committee on the Judiciary
(House) (H.J. Res. 166) (H. Rept. 104-705) [24JY]
Jennings Randolph Lake Management Between Maryland and West
Virginia: Committee on the Judiciary (House) (H.J. Res. 113)
(H. Rept. 104-706) [24JY]
GENERAL ACCOUNTING OFFICE
Bills and resolutions
Federal-State relations: improve the effectiveness of financial
management and audits of State and local governments receiving
Federal assistance (see H.R. 3184) [28MR]
Reform (see H.R. 3864) [22JY]
Reports filed
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance: Committee on
Government Reform and Oversight (House) (H.R. 3184) (H. Rept.
104-607) [6JN]
GENERAL SERVICES ADMINISTRATION
Bills and resolutions
Federal employees: reduce administrative costs and improve
services relative to relocation allowances (see H.R. 3637)
[13JN]
Government: requirements for leasing of space by Federal agencies
(see H.R. 2904) [26JA]
Messages
Revised Deferral of Budgetary Resources: President Clinton [5MR]
GENEVA CONVENTION
see Treaties and Agreements
GENOCIDE
Bills and resolutions
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
Poland: condemn construction of shopping center within
internationally protected zone around the Auschwitz death camp
(see H. Res. 398) [29MR]
GENOCIDE CONVENTION
see Treaties and Agreements
GEOLOGICAL SURVEY
Bills and resolutions
National Geologic Mapping Act: reauthorize and amend (see H.R.
3198) [29MR]
Reports filed
National Geologic Mapping Act Reauthorization: Committee on
Resources (House) (H.R. 3198) (H. Rept. 104-668) [11JY]
GEORGE WASHINGTON UNIVERSITY
Bills and resolutions
Anniversary (see H. Con. Res. 139) [31JA]
GEORGIA
Bills and resolutions
William Augustus Bootle Federal Building and U.S. Courthouse,
Macon, GA: designate (see H.R. 4119) [19SE]
Reports filed
Highway Relocation Assistance Relative to the Chickamauga and
Chattanooga National Military Parks: Committee on Resources
(House) (H.R. 848) (H. Rept. 104-603) [4JN]
GEPHARDT, RICHARD A. (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee on Inaugural Ceremonies (Joint) [10SE]
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Bills and resolutions introduced by
Brown, Ronald H.: tribute (see H. Res. 403, 406) [16AP] [18AP]
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (see H. Res. 328) [3JA]
China, People's Republic of: U.S. policy relative to membership in
World Trade Organization (see H.R. 4065) [12SE]
Dept. of Commerce: tribute to employees and business leaders
killed in plane crash while on trade mission in Croatia (see
H. Res. 403, 406) [16AP] [18AP]
Employment: provide for retirement savings and security (see H.R.
3520) [23MY]
Public debt: ceiling (H.R. 2409), engrossment (see H. Res. 356)
[1FE]
GEREN, PETE (a Representative from Texas)
Bills and resolutions introduced by
J.J. `Jake' Pickle Federal Building, Austin, TX: designate (see
H.R. 4329) [30SE]
Jim Wright Post Office Building, Fort Worth, TX: designate (see
H.R. 4232) [27SE]
Lotteries: provide information in advertising on odds of winning
(see H.R. 3010) [5MR]
GERMANY, FEDERAL REPUBLIC OF
Bills and resolutions
Holocaust: expand criteria by which survivors may qualify for
compensation (see H. Res. 501) [31JY]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
GIBBONS, SAM (a Representative from Florida)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Conferee: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3539, FAA programs reauthorization [24SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Health: national policy to provide health care to children and
pregnant women (see H.R. 3787) [11JY]
Public welfare programs: reform (see H.R. 3612) [11JN]
Taxation: replace individual and corporate income taxes, Social
Security, and Medicare taxes with a value-added tax (see H.R.
4050) [11SE]
------treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
GILCHREST, WAYNE T. (a Representative from Maryland)
Bills and resolutions introduced by
Capitol Building and Grounds: authorizing use of Grounds for
Special Olympics torch relay (see H. Con. Res. 146) [5MR]
GILLMOR, PAUL E. (a Representative from Ohio)
Bills and resolutions introduced by
Corporations: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
Solid waste: State control over disposal of solid waste imported
from other nations (see H.R. 4049) [11SE]
GILMAN, BENJAMIN A. (a Representative from New York)
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
AID: provide voluntary separation incentives to reduce employment
levels (see H.R. 3870) [23JY]
Business and industry: assist in development of microenterprises
(see H.R. 3846) [18JY]
China, People's Republic of: prohibit importation of goods
produced, manufactured, or exported by the Army or any defense
industrial trading company (see H.R. 3684) [20JN]
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Dept. of Defense: transfer naval vessels to certain foreign
countries (see H.R. 3121) [20MR]
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
Foreign policy: U.S. membership in regional South Pacific
organizations (see H. Con. Res. 189) [18JN]
Foreign trade: impose sanctions on foreign persons exporting
petroleum products, natural gas, or related technology to Iran
and Libya (see H.R. 3107) [19MR]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
NATO: membership of Central and East European countries (see H.R.
3564) [4JN]
Terrorism: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
USIA: provide computer access to multilingual text and voice
recordings of VOA transcripts (see H.R. 3916) [30JY]
World War II: tribute to Filipino veterans (see H. Con. Res. 191)
[20JN]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Reports filed
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assist
[[Page 3062]]
ance Improvements: Committee on International Relations
(House) (H.R. 3121) (H. Rept. 104-519) [16AP]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Export Controls Authority: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [5JN]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
Microenterprise Act: Committee on International Relations (House)
(H.R. 3846) (H. Rept. 104-715) [29JY]
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
GINGRICH, NEWT (a Representative from Georgia)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee on Inaugural Ceremonies (Joint) [10SE]
Bills and resolutions introduced by
Capitol Building and Grounds: authorizing use of Grounds for
Congressional Family Picnic (see H. Con. Res. 198) [11JY]
------authorizing use of Grounds for Summer Olympics torch relay
(see H. Con. Res. 172) [7MY]
Crime: death penalty sentencing for certain importations of
significant quantities of controlled substances (see H.R.
4170) [25SE]
GLOBAL WARMING
see Ecology and Environment
GLOUCESTER, MA
Bills and resolutions
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Reports filed
Disposition of Senate Amendment to H.R. 1358, Conveyance of
National Marine Fisheries Service Laboratory in Gloucester,
MA, to Massachusetts: Committee on Rules (House) (H. Res. 338)
(H. Rept. 104-449) [5JA]
GOLD
related term(s) Department of the Treasury
Bills and resolutions
Tariff: certain silver and gold bars (see H.R. 3615) [11JN]
GONZALEZ, HENRY B. (a Representative from Texas)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Business and industry: establish requirements relative to rent-to-
own transactions (see H.R. 3003) [5MR]
GOODLATTE, BOB (a Representative from Virginia)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
Bills and resolutions introduced by
Computers: use, sale, and export of encryption products for
privacy and security (see H.R. 3011) [5MR]
Crime: prohibit certain uses of computers in the furtherance of
crimes (see H.R. 4095) [17SE]
Health care professionals: exempt from liability for negligence
relative to services performed for low-income individuals (see
H.R. 2938) [1FE]
GOODLING, WILLIAM F. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 2202, Immigration in the National Interest Act [11SE]
------H.R. 3103, Health Insurance Portability and Accountability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Crime: require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
Drugs: sentencing of persons convicted of lesser drug offenses
(see H.R. 3080) [13MR]
Education: permit financial institutions under the Federal Family
Education Loan Program to pay origination fees of borrowers
(see H.R. 3863) [22JY]
Institute of American Indian and Alaska Native Culture and Arts
Development: reform board appointment process (see H.R. 3049)
[7MR]
NLRB: resolution of unfair labor practice complaints in a timely
manner (see H.R. 4247) [27SE]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Taxation: treatment of elected tax collectors (see H.R. 4301)
[28SE]
Conference reports
Workforce and Career Development Act (H.R. 1617) [25JY]
Reports filed
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements: Committee on Economic and Educational
Opportunities (House) (H.R. 2531) (H. Rept. 104-592) [23MY]
Employee Commuting Flexibility Act: Committee on Economic and
Educational Opportunities (House) (H.R. 1227) (H. Rept. 104-
585) [20MY]
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
English Language Empowerment Act: Committee on Economic and
Educational Opportunities (House) (H.R. 123) (H. Rept. 104-
723) [30JY]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Individuals With Disabilities Education Act Reauthorization:
Committee on Economic and Educational Opportunities (House)
(H.R. 3268) (H. Rept. 104-614) [10JN]
Institute of American Indian and Alaska Native Culture and Arts
Development Board of Trustees Appointment Process: Committee
on Economic and Educational Opportunities (House) (H.R. 3049)
(H. Rept. 104-505) [28MR]
Juvenile Justice and Delinquency Prevention Act Appropriations:
Committee on Economic and Educational Opportunities (House)
(H.R. 3876) (H. Rept. 104-783) [12SE]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Economic and Educational
Opportunities (House) (H.R. 995) (H. Rept. 104-498) [25MR]
Older Americans Act Reauthorization: Committee on Economic and
Educational Opportunities (H.R. 2570) (H. Rept. 104-539)
[25AP]
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Participation by Historically Black Graduate Professional Schools
in Certain Education Grant Programs: Committee on Economic and
Educational Opportunities (House) (H.R. 3055) (H. Rept. 104-
504) [28MR]
Permit Financial Institutions Under the Federal Family Education
Loan Program To Pay Origination Fees of Borrowers: Committee
on Economic and Educational Opportunities (House) (H.R. 3863)
(H. Rept. 104-775) [5SE]
Provide Compensatory Time for All Employees: Committee on Economic
and Educational Opportunities (House) (H.R. 2391) (H. Rept.
104-670) [11JY]
Workforce and Career Development Act: Committee of Conference
(H.R. 1617) (H. Rept. 104-707) [25JY]
GORDON, BART (a Representative from Tennessee)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
L. Clure Morton Post Office and Courthouse, Cookeville, TN:
designate (see H.R. 4070) [12SE]
Sports: prohibit agents from influencing college athletes (see
H.R. 3328) [25AP]
GOSS, PORTER J. (a Representative from Florida)
Appointments
Conferee: H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (H.R. 3603),
consideration of conference report (see H. Res. 496) [31JY]
Baker, Representative Richard H.: election to the Committee on
Transportation and Infrastructure (House) (see H. Res. 467)
[26JN]
Big Cypress National Preserve: operation of certain tour
businesses in newly acquired areas (see H.R. 3620) [12JN]
Budget: reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
Dept. of State: consolidate foreign affairs agencies (H.R. 1561),
consideration of conference report (see H. Res. 375) [7MR]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755), consideration (see H. Res. 472)
[9JY]
Elections: campaign ethics reform and contribution limits (see
H.R. 3274) [18AP]
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540), consideration (see H. Res. 445)
[30MY]
Foreign trade: duty rate adjustment of tomatoes from Mexico
relative to import surges (see H.R. 2902) [26JA]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103), consideration (see H. Res.
392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
House Rules: procedures of the Committee on Standards of Official
Conduct (House) (see H. Res. 346) [25JA]
Intelligence services: authorizing appropriations (H.R. 3259),
consideration (see H. Res. 437) [16MY]
------authorizing appropriations (H.R. 3259), consideration of
conference report (see H. Res. 529) [24SE]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
National Wildlife Refuge System: improve management (H.R. 1675),
consideration (see H. Res. 410) [23AP]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
Public welfare programs: reform (H.R. 3734), consideration (see H.
Res. 482) [17JY]
Small business: reform regulatory process (H.R. 994),
consideration (see H. Res. 368) [29FE]
Social Security: payment of benefits relative to the debt limit
extension (H.R. 2924), consideration (see H. Res. 355) [1FE]
Terrorism: U.S. policy (H.R. 3953), consideration (see H. Res.
508) [1AU]
Reports filed
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation: Committee on Rules (House) (H. Res.
375) (H. Rept. 104-476) [7MR]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
[[Page 3063]]
Consideration of Conference Report on H.R. 3259, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
529) (H. Rept. 104-830) [24SE]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 994, Regulatory Sunset and Review Act:
Committee on Rules (House) (H. Res. 368) (H. Rept. 104-464)
[29FE]
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement: Committee on Rules (House) (H. Res.
410) (H. Rept. 104-533) [23AP]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of H.R. 3259, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 437) (H. Rept. 104-581)
[16MY]
Consideration of H.R. 3540, Foreign Operations, Export Financing,
and Related Programs Appropriations: Committee on Rules
(House) (H. Res. 445) (H. Rept. 104-601) [30MY]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
GOVERNMENT ACCOUNTABILITY ACT
Bills and resolutions
Enact (H.R. 3166): concur with Senate amendments (see H. Res. 535)
[25SE]
Reports filed
Provisions: Committee on the Judiciary (House) (H.R. 3166) (H.
Rept. 104-680) [16JY]
GOVERNMENT AGENCIES
see Executive Departments; Federal Employees
GOVERNMENT CONTRACTS
see Contracts
GOVERNMENT EMPLOYEES
see Federal Employees
GOVERNMENT PUBLICATIONS
see Public Documents
GOVERNMENT REGULATIONS
Appointments
Conferees: H.R. 3005, Securities Investment Promotion Act [24JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Abortion: prohibit partial-birth abortions (see H.R. 4284) [28SE]
------prohibit partial-birth abortions (H.R. 1833), consideration
of Senate amendments (see H. Res. 389) [22MR]
Agriculture: regulation of slaughterhouses (see H.R. 3424) [9MY]
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
------regulations relative to beverage alcohol compounds emitted
from aging warehouses (see H.R. 3818) [16JY]
------regulatory requirements relative to upwind nonattainment
areas (see H.R. 4339) [3OC]
Alcoholic beverages: establish advertising requirements (see H.R.
3473) [16MY]
------prohibit advertising of distilled spirits on radio and
television (see H.R. 3644) [13JN]
------require health warnings on advertisements (see H.R. 3474)
[16MY]
Armed Forces: allow personal injury actions against military
health care professionals (see H.R. 4221) [26SE]
Aviation: prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
------require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
------requirements relative to families of passengers involved in
aircraft accidents (see H.R. 3923) [31JY]
Business and industry: authorize judicial review of agency
certifications of the economic impact of regulations on small
entities (see H.R. 3048) [7MR]
------ensure congressional approval of compliance costs relative
to Government regulations (see H.R. 3277) [18AP]
------require reasonable notice of changes made to regulations
imposed by Federal agencies (see H.R. 3307) [24AP]
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Chemicals: regulatory requirements relative to child safety (see
H.R. 4234) [27SE]
Clean Air Act: provide regulatory relief and preserve jobs (see
H.R. 3446) [10MY]
Commodity Exchange Act: regulatory requirements relative to the
purchase or sale of commodities from markets located abroad
(see H.R. 3891) [24JY]
Computers: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Congress: require approval of certain proposed rules (see H.R.
2990) [28FE]
Construction industries: use of inspectors that meet standards
established by the Dept. of Labor (see H.R. 3216) [29MR]
Contracts: prohibit discrimination in awarding Federal contracts
on the basis of labor policies (see H.R. 3095) [14MR]
Crime: require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
Custom Service: treatment of foreign vehicles relative to U.S.
emission standards (see H.R. 3961) [2AU]
Dept. of Defense: repeal certain limitations on the operation of
depots (see H.R. 2852) [5JA]
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3404, 3406) [7MY]
------occupancy standards relative to purchasers of single family
residential properties (see H.R. 4141) [24SE]
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
Ecology and environment: development and use of new environmental
monitoring technology (see H.R. 3906) [25JY]
Elections: establish a temporary commission to recommend reforms
for Federal office (see H.R. 4327) [28SE]
Electric power: provide for retail competition among suppliers
(see H.R. 4297) [28SE]
Employment: disregard additional payments for calculation of
overtime compensation (see H.R. 3087) [14MR]
------provide an exemption of overtime compensation for employees
of contractors of the Federal Government (see H.R. 3094)
[14MR]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
Executive departments: enable agencies to design personnel systems
relative to their mission (see H.R. 3483) [16MY]
FAA: regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
Fair Housing Act: amend (see H.R. 4019) [4SE]
Family and Medical Leave Act: employer requirements (see H.R.
3296) [23AP]
------expand coverage and allow leave for parental involvement in
educational and extracurricular activities (see H.R. 3704)
[24JN]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
------review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
Federal contracts: require employers to provide health and pension
plans (see H.R. 3528) [23MY]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Federal paperwork burden: reduce (H.R. 2715), consideration (see
H. Res. 409) [23AP]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
FERC: extension of deadline for construction of hydroelectric
project in Kentucky (see H.R. 2869) [23JA]
------extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Financial institutions: capitalize deposit insurance funds and
provide regulatory relief for insured depository institutions
and holding companies (see H.R. 3567) [4JN]
------guarantee deposits and certain liabilities and protect
against deposit insurance losses (see H.R. 4318) [28SE]
------reduce paperwork and regulatory burdens (see H.R. 4079)
[16SE]
------require performance data reporting to verify availability of
credit on a nondiscriminatory basis (see H.R. 3826) [16JY]
Firearms: ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
------prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
------forbid recipients to resell or barter with acquired food
(see H.R. 4027) [5SE]
Foreign trade: provide for the liquidation of certain frozen
concentrated orange juice entries (see H.R. 3705) [24JN]
Government: prohibit bundling of contract requirements in
procurement (see H.R. 3934) [31JY]
------reduce spending and regulatory programs (see H. Con. Res.
193) [27JN]
------term limits on regulatory agency members (see H.R. 3423)
[9MY]
Hazardous substances: exempt transportation by certain vehicles
from Government regulations (see H.R. 3153) [22MR]
------regulation of not-for-hire transportation of agriculture
production materials (see H.R. 3799) [12JY]
------transportation regulations relative to agriculture and small
businesses (see H.R. 4102) [18SE]
Health: application of antitrust laws to health care providers'
networks (see H.R. 2925, 3770) [1FE] [10JY]
------denial of nurse aide training programs relative to quality
or operation (see H.R. 3233) [15AP]
[[Page 3064]]
------regulation of pharmacists (see H.R. 3260) [17AP]
------requirements relative to managed care plans (see H.R. 3751)
[27JN]
Housing: authorize, revise, and extend certain Federal programs
(see H.R. 3743) [27JN]
------deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
------enforcement of regulatory requirements for single-and
multifamily housing (see H.R. 3741) [27JN]
------regulation of residential care facilities (see H.R. 2927)
[1FE]
Immigration: reassess Canadian boater landing permit requirements
(see H.R. 4165) [25SE]
Information services: provide safeguards for confidentiality of
statistical information (see H.R. 3924) [31JY]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Investments: regulation and management of financial markets (see
H.R. 3005) [5MR]
Lobbyists: prohibit use of funds by Federal agencies to lobby for
or against any legislative proposal (see H.R. 3078) [13MR]
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
Lotteries: provide information in advertising on odds of winning
(see H.R. 3010) [5MR]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Metric system: conversion requirements (see H.R. 4233) [27SE]
Motor vehicles: establish national requirements for the titling
and registration of salvage of certain rebuilt vehicles (see
H.R. 2900) [25JA]
------improve public education on proper use of child safety
restraint systems (see H.R. 4262) [27SE]
------remove limitations on maximum driving and on-duty time of
utility vehicle operators and drivers (see H.R. 3480, 3492)
[16MY]
Native Americans: repeal Indian trading laws (see H.R. 3215)
[29MR]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093,
4287) [17SE] [28SE]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Occupational Safety and Health Act: amend (see H.R. 3234) [15AP]
------establish peer review of standards (see H.R. 4178) [25SE]
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
Petroleum: regulation of above-ground storage tanks (see H.R.
3283) [22AP]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Postal Service: require envelopes and warning labels for mail
depicting violent or sexually-explicit acts (see H.R. 3097)
[14MR]
------treatment of deceptive or misleading mail (see H.R. 3884)
[24JY]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Public utilities: provide for competition in electric power
industry (see H.R. 2929, 3782, 3790) [1FE] [11JY]
------revision of the regulatory policies governing public utility
holding companies (see H.R. 3601) [6JN]
Roads and highways: increase truck weight limit on sections of
Maine Turnpike (see H.R. 3549) [29MY]
Safety: implement nonanimal acute toxicity testing for evaluation
of consumer products (see H.R. 3173) [27MR]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
------establish safety requirements for barges carrying oil or
hazardous materials (see H.R. 3014) [5MR]
Small business: reduce Federal paperwork burden (see H.R. 3607,
4033) [10JN] [5SE]
------reform regulatory process (see H.R. 3798) [11JY]
------reform regulatory process (H.R. 994), consideration (see H.
Res. 368) [29FE]
Social Security: exempt States from certain regulatory
requirements relative to electronic distribution of benefits
(see H.R. 4089) [17SE]
------self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
Sports: use of instant replay for officiating in professional
sporting events (see H.R. 3096) [14MR]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
Taxation: application of retail tax relative to certain heavy duty
trucks and trailers (see H.R. 4090) [17SE]
------require income tax instructions provide explanation of laws
relative to a balanced budget (see H.R. 2884) [25JA]
Television: regulation of network signals on satellite carriers
(see H.R. 3192) [28MR]
Tobacco products: limit access to minors (see H.R. 3954, 4245)
[2AU] [27SE]
Transportation: requirements relative to operators of certain farm
vehicles (see H.R. 3356) [30AP]
Truth in Lending Act: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
Volunteer workers: allow State and local government workers to
perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
Water: labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
Wetlands: promote restoration, conservation, and enhancement
through establishment of a mitigation banking program (see
H.R. 3692) [20JN]
Conference reports
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Messages
Family Friendly Workplace Act: President Clinton [27SE]
Small Business and Competition: President Clinton [5JN]
Veto of H.R. 1833, Prohibit Partial-Birth Abortions: President
Clinton [15AP]
Motions
Abortion: prohibit partial-birth abortions (H.R. 1833), Senate
amendments [27MR]
------prohibit partial-birth abortions (H.R. 1833), veto [19SE]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Reports filed
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements: Committee on Economic and Educational
Opportunities (House) (H.R. 2531) (H. Rept. 104-592) [23MY]
Clarify Rules Governing Court Venues: Committee on the Judiciary
(House) (S. 677) (H. Rept. 104-800) [17SE]
Clarify Rules Governing Removal of Cases to Federal Court:
Committee on the Judiciary (House) (S. 533) (H. Rept. 104-799)
[17SE]
Consideration of H.R. 994, Regulatory Sunset and Review Act:
Committee on Rules (House) (H. Res. 368) (H. Rept. 104-464)
[29FE]
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
Consideration of Senate Amendments to H.R. 1833, Prohibit Partial-
Birth Abortions: Committee on Rules (House) (H. Rept. 104-492)
[22MR]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
Export Controls Authority: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [5JN]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky: Committee on Commerce (House) (H.R. 2501)
(H. Rept. 104-507) [28MR]
------Committee on Commerce (House) (H.R. 2869) (H. Rept. 104-512)
[28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina: Committee on Commerce (House) (H.R.
2773) (H. Rept. 104-510) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio: Committee on Commerce (House) (H.R. 2816) (H.
Rept. 104-511) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania: Committee on Commerce (House) (H.R.
2695) (H. Rept. 104-509) [28MR]
Financial Institutions Regulatory Process and Paperwork
Requirements Reform: Committee on Banking and Financial
Services (House) (H.R. 1858) (H. Rept. 104-103) [18JN]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
[[Page 3065]]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
GOVERNMENT--U.S.
Appointments
Advisory Commission on Intergovernmental Relations [15AP]
Conferees: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
------H.R. 3019, continuing appropriations [21MR] [23AP]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
AID: provide voluntary separation incentives to reduce employment
levels (see H.R. 3870) [23JY]
Appropriations: coordinate Federal financial assistance programs
to streamline Government operations (see H.R. 3064) [12MR]
------establish automatic continuing appropriations (see H.R.
2965, 4094) [13FE] [17SE]
------making continuing (see H.R. 2880, 3019; H.J. Res. 138, 139,
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151,
152, 155, 157, 163, 165, 170, 175) [3JA] [23JA] [25JA] [5MR]
[13MR] [20MR] [29MR] [23AP]
------making continuing (H.J. Res. 118), consideration (see H.
Res. 329) [3JA]
------making continuing (H.J. Res. 165), consideration (see H.
Res. 386) [20MR]
------making continuing (H.J. Res. 175), consideration (see H.
Res. 411) [23AP]
------making continuing (H.R. 3019), consideration (see H. Res.
372) [6MR]
------making continuing (H.R. 3019), consideration of conference
report (see H. Res. 415) [25AP]
------making continuing (H.R. 3019), waiving enrollment
requirements (see H.J. Res. 168) [26MR]
------making omnibus consolidated (see H.R. 4278) [28SE]
------public disclosure of funding used to conduct field
examinations of appropriation estimates (see H.R. 4293) [28SE]
------reduce spending and regulatory programs (see H. Con. Res.
193) [27JN]
Arizona: acquisition by eminent domain of certain State trust
lands (see H.R. 3929) [31JY]
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------reform process (see H.R. 4285) [28SE]
------require President's budget submission to Congress include a
balanced budget plan (see H.R. 3379) [1MY]
------require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
------sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
------setting forth the Federal budget for 1996-2002 (H. Con. Res.
66), consideration (see H. Res. 424) [2MY]
------setting forth the Federal budget for 1997-2002 (see H. Con.
Res. 174, 178) [9MY] [14MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration (see H. Res. 435) [15MY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration of conference report (see H. Res. 450)
[10JN]
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (see H. Res. 328) [3JA]
Business and industry: authorize judicial review of agency
certifications of the economic impact of regulations on small
entities (see H.R. 3048) [7MR]
------ensure congressional approval of compliance costs relative
to Government regulations (see H.R. 3277) [18AP]
------prohibit bundling of contract requirements in procurement
(see H.R. 3934) [31JY]
------reduce Federal subsidies and strengthen tax treatment of
individuals who renounce their citizenship (see H.R. 4122)
[19SE]
Buy American Act: compliance relative to use of articles,
materials, and supplies abroad (see H.R. 4265) [27SE]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Children and youth: proclaim as greatest U.S. asset (see H. Res.
434) [14MY]
Civil rights: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
Colleges and universities: protect speech and association rights
of students (see H.R. 4207) [26SE]
Committee on Information (Joint): establish (see H.R. 4280) [28SE]
Congress: restore integrity, goodwill, honesty, and trust (see
H.R. 3792) [11JY]
Constitutional amendments: limit judicial authority (see H.J. Res.
167) [21MR]
Contracts: limit Federal agency payments to contractors for the
compensation of any individual (see H.R. 3513) [22MY]
------minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
------requirements for leasing of space by Federal agencies (see
H.R. 2904) [26JA]
------treatment of Federal contracts relative to Government
shutdowns (see H.R. 2963) [6FE]
Corps of Engineers: conduct study of mitigation banks (see H.R.
4211) [26SE]
Courts: appointment of an additional Federal judge for the middle
district of Louisiana (see H.R. 3046) [7MR]
------authorize alternative dispute resolution systems (see H.R.
2977, 4194) [27FE] [26SE]
------determination of cases alleging breach of secret Government
contracts (see H.R. 4224) [26SE]
------improve operation and administration of Federal courts (see
H.R. 3968) [2AU]
------protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
------residency requirement quotas for judges in each Federal
judicial circuit Court of Appeals (see H.R. 3045) [7MR]
Credit: improve debt-collection and credit evaluation practices
(see H.R. 3809) [12JY]
Crime: applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (see H.R. 3166)
[27MR]
------applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (H.R. 3166), concur
with Senate amendments (see H. Res. 535) [25SE]
------establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
------treatment of Federal prisoners (see H.R. 3206) [29MR]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
Dept. of Defense: funding reductions (see H.R. 3202) [29MR]
------procurement of aircraft landing gear manufactured and
assembled in the U.S. (see H.R. 3171) [27MR]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
District of Columbia: make technical corrections to improve
operations of local government (see H.R. 3664) [18JN]
------making continuing appropriations (see H.J. Res. 153, 154)
[3JA]
------treatment of pension funds relative to certain public
employees (see H.R. 3389) [2MY]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
Education: develop elementary and secondary school curriculum
standards (see H.R. 3257) [16AP]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
Elections: establish a temporary commission to recommend reforms
for Federal office (see H.R. 4327) [28SE]
Electoral College: constitutional amendment to abolish (see H.J.
Res. 180) [12JN]
Employment: provide adjustment assistance to workers displaced
because of any Federal program, project, or activity (see H.R.
4292) [28SE]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
Executive departments: enable agencies to design personnel systems
relative to their mission (see H.R. 3483) [16MY]
Executive Office of the President: applicability of certain laws
(see H.R. 3452) [14MY]
------civil remedies for the request or receipt of protected
records for nonroutine use (see H.R. 3687) [20JN]
------establish Office of the Inspector General (see H.R. 3872)
[23JY]
Families and domestic relations: payment of settlements to
individuals relative to child support and alimony obligations
(see H.R. 3895) [25JY]
Family and Medical Leave Act: expand coverage and allow leave for
parental involvement in educational and extracurricular
activities (see H.R. 3704) [24JN]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
Federal aid programs: elimination of certain Federal programs and
subsidies (see H.R. 2934) [1FE]
Federal employees: amend civil service laws (see H.R. 3841) [17JY]
------appeals process relative to workers' compensation claims
(see H.R. 3205) [29MR]
------continuance of work during Government shutdown (S. 1508),
return to Senate (see H. Res. 331) [4JA]
------establish demonstration project to assess feasibility of
temporary placement of displaced workers in other Federal or
private employment (see H.R. 3649) [13JN]
------prohibit use of credit cards (see H.R. 2968) [23FE]
------provide interest-free loans to furloughed employees (see
H.R. 2842) [4JA]
------provide voluntary separation incentives to reduce employment
levels (see H.R. 3532) [23MY]
------reduce administrative costs and improve services relative to
relocation allowances (see H.R. 3637) [13JN]
------relief of certain former spouses (see H.R. 3428) [9MY]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
------selection of certain physicians to provide medical opinions
relative to workers' compensation claims (see H.R. 3204)
[29MR]
[[Page 3066]]
------treatment of deferred annuities during time between
separation from Government service and when payments commence
(see H.R. 2978) [27FE]
------treatment of medical opinions relative to workers'
compensation claims (see H.R. 3203) [29MR]
------treatment of survivor annuities for children relative to
marriage (see H.R. 2858) [5JA]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
Federal-state relations: transfer certain surplus property to
State and local governments (see H.R. 3731) [27JN]
Financial institutions: prohibit removal of certain members of the
National Credit Union Administration Board and the Board of
Directors of the FDIC (see H.R. 3976) [2AU]
Foreign policy: provide remedy for inadequate trade benefits to
the U.S. and restrictions on free emigration from other
countries (see H.R. 4289) [28SE]
Freedom of Information Act: provide public access to information
in an electronic format (see H.R. 3802, 3885) [12JY] [24JY]
GAO: reform (see H.R. 3864) [22JY]
George Bush School of Government and Public Service: funding (see
H.R. 3803) [12JY]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
------reduce Federal paperwork burden relative to small businesses
(see H.R. 3607, 4033) [10JN] [5SE]
------require congressional approval of certain proposed rules
(see H.R. 2990) [28FE]
------require reasonable notice to businesses of changes made to
regulations imposed by Federal agencies (see H.R. 3307) [24AP]
------term limits on regulatory agency members (see H.R. 3423)
[9MY]
Health: improve efforts to combat fraud and abuse in health care
programs (see H.R. 3224) [29MR]
------matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
Homeless: consolidate Federal housing assistance programs (see
H.R. 3964) [2AU]
House of Representatives: prohibit recess or adjournment during
periods of lapsed appropriations (see H. Res. 332) [4JA]
House Rules: provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
------question of privilege relative to public debt ceiling (see
H. Res. 354) [31JA]
------reduce number of programs covered by appropriation bills
(see H. Res. 476) [11JY]
Housing: authorize, revise, and extend certain Federal programs
(see H.R. 3743) [27JN]
Immigration: waiver of exclusion for certain aliens (see H.R.
3928) [31JY]
Income: relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
Independent counsel: reform statute (see H.R. 3239) [15AP]
Information services: provide safeguards for confidentiality of
statistical information (see H.R. 3924) [31JY]
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
Lobbyists: reform disclosure of lobbying activities to influence
the Federal Government (S. 1060), technical corrections (see
H.R. 3435) [10MY]
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Management: establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061, 4319) [11SE] [28SE]
National objectives: provide tax relief for small businesses,
protect jobs, increase net pay, and create job opportunities
(see H.R. 3448) [14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
National security: threat to U.S. citizens and Government posed by
armed militia and paramilitary groups (see H. Con. Res. 206)
[1AU]
Native Americans: administrative procedures for extension of
Federal recognition to certain Indian groups (see H.R. 2997)
[29FE]
------funding for housing programs relative to tribal self-
governance (see H.R. 3219) [29MR]
------repeal Indian trading laws (see H.R. 3215) [29MR]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
OPM: delay privatization of the Office of Federal Investigation
(see H.R. 3189) [28MR]
Patent and Trademark Office: convert to Government corporation
(see H.R. 3460) [15MY]
Permanent Performance Review Commission: establish (see H.R. 3982)
[2AU]
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
President and Vice President: constitutional amendment on direct
popular election (see H.J. Res. 180) [12JN]
Public debt: ceiling (see H.R. 2862, 2896, 2897, 2920, 3136; H.
Res. 360) [22JA] [25JA] [31JA] [1FE] [21MR]
------ceiling (H.R. 2409), engrossment (see H. Res. 356) [1FE]
------ceiling (H.R. 3136), consideration (see H. Res. 391) [27MR]
------ceiling (H.R. 3136), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
------provide that individuals entitled to payments from the
Government may designate those payments for deficit reduction
(see H.R. 3998) [2AU]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
------right-of-way fees and liability standards affecting rural
electric cooperatives and other lessees (see H.R. 3377) [1MY]
Public welfare programs: reform unemployment benefit system (see
H.R. 3738) [27JN]
Real estate: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
Rental housing: prohibit Federal assistance to owners whose
tenants are family members (see H.R. 3963) [2AU]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Small business: reform regulatory process (see H.R. 3798) [11JY]
------reform regulatory process (H.R. 994), consideration (see H.
Res. 368) [29FE]
Social Security: payment of benefits relative to the debt limit
extension (see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
------prohibit certain misuses of account numbers (see H.R. 3598)
[6JN]
Sports: convene national summit to promote good citizenship (see
H. Con. Res. 199) [24JY]
States: assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
------clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
------provide Federal grants for drug testing projects (see H.R.
3778) [10JY]
Swain County, NC: settlement of claims against the Federal
Government (see H.R. 4112) [18SE]
Taxation: allow individuals to designate a portion of their income
tax refunds to the Government for certain purposes (see H.R.
3218) [29MR]
------repeal income tax, abolish the IRS, and institute a national
retail sales tax (see H.R. 3039) [6MR]
------repeal the withholding of income taxes and require
individuals to pay estimated taxes on a monthly basis (see
H.R. 3343) [25AP]
------require use of dynamic economic modeling in the preparation
of estimates of proposed changes in Federal revenue law (see
H. Con. Res. 170) [2MY]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3298, 3880) [23AP] [23JY]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Continuing Appropriations (H.R. 3019) [25AP] [30AP]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
[7JN]
Small Business Job Protection Act (H.R. 3448) [1AU]
Workforce and Career Development Act (H.R. 1617) [25JY]
Messages
Federal Budget for Fiscal Year 1997: President Clinton [6FE]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Revised Deferral of Budgetary Resources: President Clinton [14MY]
[24JN]
Motions
Appropriations: making continuing (H.J. Res. 165) [21MR]
------making continuing (H.R. 2880) [25JA]
------making continuing (H.R. 3019) [7MR] [21MR]
------making continuing (H.R. 3019), conference report [25AP]
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY] [24JY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178) [30MY]
Bulgaria: most-favored-nation status (H.R. 1643), concur with
Senate amendment (H. Res. 328) [3JA]
Employees: allow members of employee associations to represent
their views before the Government (H.R. 782) [1AU]
National objectives: provide tax relief for small businesses,
protect jobs, increase net pay, and create job opportunities
(H.R. 3448) [26JY]
Public debt: ceiling (H.R. 3136) [28MR]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
------Committee on the Judiciary (House) (H.R. 2977) (H. Rept.
104-597) [29MY]
Applicability of Certain Laws Relative to the Executive Office of
the President: Committee on Government Reform and Oversight
(House) (H.R. 3452) (H. Rept. 104-820) [24SE]
Civil Service Law Amendments: Committee on Government Reform and
Oversight (House) (H.R. 3841) (H. Rept. 104-831) [24SE]
[[Page 3067]]
Codify Certain Transportation Laws: Committee on the Judiciary
(House) (H.R. 2297) (H. Rept. 104-573) [14MY]
Consideration of Conference Report on H. Con. Res. 178, Setting
Forth the Federal Budget for 1997-2002: Committee on Rules
(House) (H. Res. 450) (H. Rept. 104-615) [10JN]
Consideration of Conference Report on H.R. 3019, Continuing
Appropriations: Committee on Rules (House) (H. Res. 415) (H.
Rept. 104-538) [25AP]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002: Committee on Rules (House) (H. Res. 435)
(H. Rept. 104-577) [15MY]
Consideration of H.J. Res. 165, Continuing Appropriations:
Committee on Rules (House) (H. Res. 386) (H. Rept. 104-489)
[20MR]
Consideration of H.J. Res. 175, Continuing Appropriations:
Committee on Rules (House) (H. Res. 411) (H. Rept. 104-534)
[23AP]
Consideration of H.R. 994, Regulatory Sunset and Review Act:
Committee on Rules (House) (H. Res. 368) (H. Rept. 104-464)
[29FE]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3019, Continuing Appropriations: Committee
on Rules (House) (H. Res. 372) (H. Rept. 104-474) [6MR]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Continuing Appropriations: Committee of Conference (H.R. 3019) (H.
Rept. 104-537) [25AP]
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Federal Court Operations and Administration Improvements:
Committee on the Judiciary (House) (H.R. 3968) (H. Rept. 104-
798) [17SE]
Federal Financial Management Laws: Committee on Government Reform
and Oversight (House) (H. Rept. 104-745) [2AU]
Federal Government Management--Examining Government Performance as
We Near the Next Century (H. Rept. 104-861) [28SE]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
Foreign Trade Export Controls: Committee on Ways and Means (House)
(H.R. 361) (H. Rept. 104-605) [27JN]
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
Patent and Trademark Office Conversion to Government Corporation:
Committee on the Judiciary (House) (H.R. 3460) (H. Rept. 104-
784) [12SE]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
Release of Reversionary Interest in Certain Iosco, MI, Lands Held
by the Federal Government: Committee on Agriculture (House)
(H.R. 2670) (H. Rept. 104-644) [27JN]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Safeguard Taxpayer Rights: Committee on Ways and Means (House)
(H.R. 2337) (H. Rept. 104-506) [28MR]
Setting Forth the Federal Budget for 1997-2002: Committee on the
Budget (House) (H. Con. Res. 178) (H. Rept. 104-575) [14MY]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Subdivision of Budget Totals for Fiscal Year 1997: Committee on
Appropriations (House) (H. Rept. 104-594) [23MY]
Transfer Jurisdiction Over Certain Federal Real Property in the
District of Columbia: Committee on Resources (House) (H.R.
2636) (H. Rept. 104-368) [26JY]
Workforce and Career Development Act: Committee of Conference
(H.R. 1617) (H. Rept. 104-707) [25JY]
GRAHAM, LINDSEY (a Representative from South Carolina)
Bills and resolutions introduced by
Employment: provide an exemption of overtime compensation for
employees of contractors of the Federal Government (see H.R.
3094) [14MR]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Walhalla National Fish Hatchery: convey to South Carolina (see
H.R. 3546) [29MY]
White Wing (vessel): certificate of documentation (see H.R. 3371)
[30AP]
GREAT BRITAIN
see United Kingdom of Great Britain and Northern Ireland
GREECE
Bills and resolutions
World War II: tribute to people of Crete for heroic endeavor and
sacrifice (see H. Res. 441) [23MY]
GREELEY, CO
Bills and resolutions
Water Supply and Storage Co.: exchange of certain lands (see H.R.
3541) [29MY]
GREEN, GENE (a Representative from Texas)
Appointments
Conferee: H.R. 2202, Immigration in the National Interest Act
[11SE]
Bills and resolutions introduced by
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
GREEN BAY PACKERS (football team)
Bills and resolutions
Tribute (see H. Res. 335) [5JA]
GREENE, ENID (a Representative from Utah)
Bills and resolutions introduced by
California: management of the Presidio facilities (H.R. 1296),
consideration of conference report (see H. Res. 536) [25SE]
Courts: prevent retaliation and tampering of witnesses and jury
members (H.R. 3120), consideration (see H. Res. 422) [2MY]
------provide witnesses with access to legal counsel during grand
jury testimony (see H.R. 4193) [26SE]
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675), consideration (see H. Res. 460)
[25JN]
------making appropriations (H.R. 3675), consideration of
conference report (see H. Res. 522) [17SE]
Employment: provide compensatory time for all employees (H.R.
2391), consideration (see H. Res. 488) [24JY]
Medicare: coverage of certain antibiotics parenterally
administered at home (see H.R. 3262, 4248) [17AP] [27SE]
Science: authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Tobacco products: consideration of addiction to nicotine as a
disability (see H. Con. Res. 223) [26SE]
Reports filed
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 522) (H. Rept. 104-803) [17SE]
Consideration of H.R. 2391, Working Families Flexibility Act:
Committee on Rules (House) (H. Res. 488) (H. Rept. 104-704)
[24JY]
Consideration of H.R. 3120, Witness and Jury Retaliation and
Tampering Prevention: Committee on Rules (House) (H. Res. 422)
(H. Rept. 104-553) [2MY]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
460) (H. Rept. 104-633) [25JN]
GREENWOOD, JAMES C. (a Representative from Pennsylvania)
Bills and resolutions introduced by
Drugs: defer effective dates for approving certain drug
applications (see H.R. 4277) [28SE]
Medicare: ultrasound equipment transportation costs (see H.R.
3555) [30MY]
Social Security Administration: provide for disclosure of Social
Security account numbers relative to judgments, decrees, or
court issued orders (see H.R. 3110) [19MR]
GROSS DOMESTIC PRODUCT
see Economy
GROSS NATIONAL PRODUCT
see Economy
GROTON, MA
Bills and resolutions
Augusta (Gusty) Hornblower U.S. Post Office: designate (see H.R.
3768) [10JY]
GUAM
Bills and resolutions
Public lands: acquire excess real property and release lands from
a condition on disposal (see H.R. 3501) [21MY]
Reports filed
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
[[Page 3068]]
GUNDERSON, STEVE (a Representative from Wisconsin)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Agriculture: assure payment for milk and livestock delivered to
milk processors, livestock dealers, or market agencies (see
H.R. 3762) [9JY]
Animal Welfare Act: amend and strengthen (see H.R. 4249) [27SE]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
Medicaid: permit States to cover community-based attendant
services (see H.R. 4250) [27SE]
Medicare: improve health services to rural areas (see H.R. 3753)
[27JN]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Motions offered by
Marriage: define and protect institution (H.R. 3396) [12JY]
GUNNISON COUNTY, CO
Reports filed
Gunnison County, CO, Land Conveyance: Committee on Resources
(House) (H.R. 2438) (H. Rept. 104-766) [4SE]
GUNS
see Firearms; Weapons
GUSTAVUS, AK
Reports filed
Gustavus, AK, Land Exchange: Committee on Resources (House) (H.R.
2561) (H. Rept. 104-840) [25SE]
GUTIERREZ, LUIS V. (a Representative from Illinois)
Bills and resolutions introduced by
Business and industry: reduce Federal subsidies and strengthen tax
treatment of individuals who renounce their citizenship (see
H.R. 4122) [19SE]
Contracts: require wages paid under a Federal contract be above
local poverty line (see H.R. 3463) [15MY]
Crime: prohibit certain false statements, soliciting, or receipt
of compensation relative to adoptions (see H.R. 3983) [2AU]
Public welfare programs: treatment of legal immigrants (see H.R.
4122) [19SE]
Puerto Rico: application of coastwise trade laws relative to
travel to or from Puerto Rico (see H.R. 3020) [6MR]
GUTKNECHT, GIL (a Representative from Minnesota)
Bills and resolutions introduced by
Native Americans: revoke the Prairie Island Indian Community
charter of incorporation (see H.R. 3068) [12MR]
States: establish registration, tracking, and community
notification procedures relative to convicted sex offenders
(see H. Con. Res. 196) [10JY]
HALL, RALPH M. (a Representative from Texas)
Bills and resolutions introduced by
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
HALL, TONY P. (a Representative from Ohio)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
HAMILTON, LEE H. (a Representative from Indiana)
Appointments
British-U.S. Interparliamentary Group [7MY]
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Air pollution: regulations relative to beverage alcohol compounds
emitted from aging warehouses (see H.R. 3818) [16JY]
Foreign policy: establish additional narcotics control
certification standards and reporting requirements for certain
illicit drug producing countries and drug-transit countries
(see H.R. 3689) [20JN]
HANCOCK, MEL (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Bills and resolutions introduced by
Mark Twain National Forest, MO: boundary adjustment (see H.R.
3464) [15MY]
HANDICAPPED
see Disabled
HANSEN, JAMES V. (a Representative from Utah)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
Advisory Council on Historic Preservation: reauthorize (see H.R.
3031) [6MR]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments (see H.R. 4118)
[19SE]
National Park Foundation: reform (see H.R. 3819) [16JY]
Reclamation Wastewater and Groundwater Study and Facilities Act:
amend (see H.R. 3660) [17JN]
Tobacco products: restrict advertising and promotion (see H.R.
3821) [16JY]
Truth in Lending Act: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Motions offered by
California: management of the Presidio facilities (H.R. 4236)
[28SE]
HARBORS
Appointments
Conferees: S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
Bills and resolutions
Beaches: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
Deepwater Port Act: amend (see H.R. 2940) [1FE]
Queens County, NY: declare certain areas as nonnavigable waters
(see H.R. 2987) [28FE]
Ships and vessels: removal of abandoned vessels (see H.R. 4010)
[2AU]
Conference reports
Water Resources Development Act (S. 640) [25SE]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Reports filed
Deepwater Port Act Amendments: Committee on Transporation and
Infrastructure (House) (H.R. 2940) (H. Rept. 104-692) [18JY]
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
HARMAN, JANE (a Representative from California)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Dept. of Defense: expand authority to donate unusable food (see
H.R. 3312) [24AP]
States: reimburse for costs of educating certain illegal alien
students (see H.R. 4303) [28SE]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
HAROLD HUGHES COMMISSION ON ALCOHOLISM
Bills and resolutions
Establish (see H.R. 3600) [6JN]
HASKELL INDIAN NATIONS UNIVERSITY
Bills and resolutions
Native Americans: enhance administrative authority of president
(see H.R. 4098) [17SE]
HASTERT, J. DENNIS (a Representative from Illinois)
Appointments
Conferee: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
Bills and resolutions introduced by
Parker, Representative: election to the Committee on
Appropriations (House) (see H. Res. 382) [14MR]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Reports filed
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
HASTINGS, ALCEE L. (a Representative from Florida)
Appointments
British-U.S. Interparliamentary Group [7MY]
Bills and resolutions introduced by
Business and industry: establish a commission to study employment
and economic insecurity (see H.R. 3353) [30AP]
Florida: clarification of certain rights of the Miccosukee Tribe
(see H.R. 4199) [26SE]
Fry, Varian: award Congressional Gold Medal (see H.R. 3352) [30AP]
HASTINGS, DOC (a Representative from Washington)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Bureau of Reclamation: settlement with Oroville-Tonasket
Irrigation District (see H.R. 3777) [10JY]
Dept. of Agriculture: provide diagnostic and certification
services to reduce diseases associated with salmonid family of
fish (see H.R. 2908) [31JA]
Dept. of Defense: exempt from metric system requirements relative
to nuclear facilities (see H.R. 3164) [26MR]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
------treatment of Federal employees at a hydroelectric facility
located on the Columbia River (see H.R. 3163) [26MR]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
HAWAII
Bills and resolutions
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516, 3951) [22MY]
[2AU]
Haleakala National Park: funding for additions (see H.R. 2948)
[1FE]
Hawaiian Homes Commission Act: amend (see H.J. Res. 192) [16SE]
Native Americans: repatriation of certain remains (see H.R. 4084)
[17SE]
Reports filed
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Oahu National Wildlife Refuge Complex Acquisition of Certain
Interests in the Waihee Marsh and Waihee Stream: Committee on
Resources (House) (H.R. 1772) (H. Rept. 104-528) [22AP]
HAWAIIAN HOMES COMMISSION ACT
Bills and resolutions
Amend (see H.J. Res. 192) [16SE]
HAWAIIANS
see Native Americans
HAYES, JAMES A. (a Representative from Louisiana)
Bills and resolutions introduced by
Courts: constitutional amendment to provide that Federal judges be
reconfirmed by the Senate every 6 years (see H.J. Res. 160)
[16FE]
Deepwater Port Act: amend (see H.R. 2940) [1FE]
[[Page 3069]]
Public welfare programs: reform (see H.R. 2915) [31JA]
HAYWORTH, J.D. (a Representative from Arizona)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
Bills and resolutions introduced by
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
BIA: reorganization (see H.R. 3354) [30AP]
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Congress: constitutional duties (see H. Res. 431) [10MY]
Native Americans: repeal Indian trading laws (see H.R. 3215)
[29MR]
Conference reports
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
HAZARDOUS MATERIALS TRANSPORTATION ACT
Bills and resolutions
Hazardous substances: regulation of not-for-hire transportation of
agriculture production materials (see H.R. 3799) [12JY]
HAZARDOUS SUBSTANCES
related term(s) Radioactive Substances
Bills and resolutions
Bergen County, NJ: recovery of costs associated with the cleanup
of the Stepan Property Superfund Site (see H.R. 3319) [24AP]
CERCLA: eligibility for Federal assistance relative to development
of brownfield sites (see H.R. 3746) [27JN]
------establish loan program for cleanup of brownfield sites (see
H.R. 3214) [29MR]
------treatment of certain parties relative to liability (see H.R.
3105) [18MR]
Chemical weapons: alternatives to demilitarization of munitions
under the baseline incinerator program (see H.R. 3767) [10JY]
Chemicals: clarify listing of unique chemical substances (see H.R.
3849) [18JY]
Dept. of Energy: suspend reprocessing activities for spent nuclear
fuel and radioactive target materials (see H. Con. Res. 197)
[10JY]
Dept. of Veterans Affairs: improve benefits for veterans exposed
to ionizing radiation (see H.R. 4173) [25SE]
------priority health care to certain veterans exposed to
hazardous or radioactive substances (see H.R. 3643) [13JN]
Ecology and environment: improve accountability and safety of
hazardous waste facilities (see H.R. 4009, 4272) [2AU] [27SE]
------protect residents and localities from irresponsibly sited
waste facilities (see H.R. 3780) [10JY]
Government regulations: exempt transportation by certain vehicles
(see H.R. 3153) [22MR]
------transportation regulations relative to agriculture and small
businesses (see H.R. 4102) [18SE]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Persian Gulf Conflict: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
Pesticides: reform antimicrobial pesticide registration (see H.R.
3338) [25AP]
Petroleum: regulation of above-ground storage tanks (see H.R.
3283) [22AP]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
Railroads: improve rail transportation safety (see H.R. 3578)
[5JN]
Safety: regulation of not-for-hire transportation of agriculture
production materials (see H.R. 3799) [12JY]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Taxation: allow credit for cleanup of contaminated industrial
sites (see H.R. 2846, 4200) [4JA] [26SE]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
Trucking industry: limit the applicability of hazardous material
transportation registration and fee requirements relative to
the transport of crude oil and condensate (see H.R. 3188)
[28MR]
Water: biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
Reports filed
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
Waste Isolation Pilot Plant Land Withdrawal Act Amendments:
Committee on Commerce (House) (H.R. 1663) (H. Rept. 104-540)
[25AP]
HEALTH
related term(s) Diseases; Public Health Service
Appointments
Conferees: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Abortion: prohibit partial-birth abortions (see H.R. 4284) [28SE]
------prohibit partial-birth abortions (H.R. 1833), consideration
of Senate amendments (see H. Res. 389) [22MR]
Agriculture: regulation of slaughterhouses (see H.R. 3424) [9MY]
Alcoholic beverages: establish a comprehensive program relative to
alcohol and alcoholic abuse (see H.R. 3479) [16MY]
------establish advertising requirements (see H.R. 3473) [16MY]
------require Dept. of HHS reports on alcohol advertising
practices (see H.R. 3475) [16MY]
------require health warnings on advertisements (see H.R. 3474)
[16MY]
Antitrust policy: application of antitrust laws to health care
providers' networks (see H.R. 2925, 3770) [1FE] [10JY]
Armed Forces: allow personal injury actions against military
health care professionals (see H.R. 4221) [26SE]
------discharge of military personnel relative to positive HIV
test (see H.R. 2959, 3926, 4344) [1FE] [31JY] [4OC]
------permit certain beneficiaries to enroll in the Federal
Employees Health Program (see H.R. 3012) [5MR]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Bipartisan Commission on the Future of Medicare: establish (see
H.R. 3881) [23JY]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Census: collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Chemicals: regulatory requirements relative to child safety (see
H.R. 4234) [27SE]
Children and youth: require health plans to provide coverage (see
H.R. 4110, 4300) [18SE] [28SE]
Civil liberties: protection of patients' rights relative to
medical care (see H. Con. Res. 214) [12SE]
------provide information and protect patients' rights relative to
medical care (see H.R. 4315) [28SE]
Colleges and universities: provide incentives to develop alcohol
abuse prevention programs (see H.R. 3476) [16MY]
Computers: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Courts: liability of raw material and component suppliers to
medical device manufacturers (see H.R. 3468) [16MY]
Crime: improve efforts to combat fraud and abuse in health care
programs (see H.R. 3224) [29MR]
------prevention of fraud relative to provision of or receipt of
payment for health care services (see H.R. 2866) [23JA]
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
Dept. of Defense: allow military health care system beneficiaries
the option to enroll in Federal Employees Health Benefits
Program (see H.R. 3368, 3699) [30AP] [20JN]
------withdrawal of forces stationed in foreign countries that do
not assume costs and application of savings to the Federal
Hospital Insurance Trust Fund (see H.R. 2936) [1FE]
Dept. of HHS: application for waiver of certain AFDC and Medicaid
demonstration projects (see H.R. 3696) [20JN]
------prepare and publish a consumer guide to prescription drug
prices (see H.R. 3059) [8MR]
Dept. of Veterans Affairs: assessment of research and health care
services for women veterans (see H.R. 3711) [25JN]
------authorize medical facility projects and leases (see H.R.
3376) [1MY]
------authorize VA medical centers to retain funds collected for
health services provision (see H.R. 2913) [31JA]
------develop plan for allocation of health care resources (see
H.R. 3346) [25AP]
------develop sharing agreements relative to health care resources
(see H.R. 3321, 3561) [25AP] [30MY]
------expand services at veterans medical centers (see H.R. 3117)
[20MR]
------extend benefits to certain children of Vietnam veterans born
with spina bifida (see H.R. 3927) [31JY]
------improve health care services for women veterans (see H.R.
3713, 3972) [25JN] [2AU]
------improve research activities for women veterans (see H.R.
3712) [25JN]
------making continuing appropriations (H.J. Res. 134),
disposition of Senate amendment (see H. Res. 336) [5JA]
------making continuing appropriations (H.J. Res. 134),
transmission procedures relative to balanced budget submission
(see H. Con. Res. 131) [5JA]
------priority health care to certain veterans exposed to
hazardous or radioactive substances (see H.R. 3643) [13JN]
Developmental Disabilities Assistance and Bill of Rights Act:
reauthorize (see H.R. 3867) [23JY]
Disabled: improve rehabilitation programs (see H.R. 4230) [27SE]
Diseases: administration of drugs and devices to terminally ill
patients (see H.R. 3149) [21MR]
------efforts to prevent transmission of HIV (see H.R. 3937) [1AU]
------establish estrogenic substance screening programs (see H.R.
3293) [23AP]
------issue special postage stamps to fund breast cancer research
(see H.R. 3401) [7MY]
------matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
------pediatric and adolescent AIDS (see H. Con. Res. 184) [12JN]
------research on the human papilloma virus relative to cervical
cancer (see H. Con. Res. 156) [27MR]
------research programs for lymphangioleiomyomatosis disease (see
H.R. 3715) [25JN]
[[Page 3070]]
------research programs for Parkinson's disease (see H.R. 3514)
[22MY]
Drug Abuse Prevention and Treatment Administration: establish (see
H.R. 3847) [18JY]
Drugs: defer effective dates for approving certain drug
applications (see H.R. 4277) [28SE]
------review use of radiopharmaceuticals (see H.R. 3065) [12MR]
Education: establish teaching hospital and graduate medical
education trust fund (see H.R. 4069) [12SE]
Employment: provide limited overtime exemption for emergency
medical services personnel (see H.R. 3212) [29MR]
------treatment of temporary and part-time workers (see H.R. 3682)
[19JN]
ERISA: amend rules governing litigation relative to retiree health
benefits (see H.R. 4237) [27SE]
------extend continuation of coverage of certain retiree health
benefits (see H.R. 4162) [24SE]
FAA: regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
Families and domestic relations: support of individuals affected
by breast cancer (see H. Con. Res. 177) [10MY]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
------facilitate the development and approval process for medical
devices (see H.R. 3201) [29MR]
------require full documentation of breast implant information
(see H. Res. 449, 527) [6JN] [19SE]
------review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
Federal employees: appeals process relative to workers'
compensation claims (see H.R. 3205) [29MR]
------selection of certain physicians to provide medical opinions
relative to workers' compensation claims (see H.R. 3204)
[29MR]
------treatment of medical opinions relative to workers'
compensation claims (see H.R. 3203) [29MR]
Federal Employees Group Life Insurance Program: coverage of
certain judicial officials (see H.R. 3295) [23AP]
Federal Employees Health Benefits Program: coverage of
acupuncturist services (see H.R. 3292) [23AP]
Federal Food, Drug and Cosmetic Act: certification of drugs
containing insulin and antibiotics (see H.R. 3672) [18JN]
Firearms: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
First aid: establish a program for training in lifesaving first
aid for individuals experiencing cardiac arrest (see H.R.
3022) [6MR]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Genetics: limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
Government regulations: requirements relative to managed care
plans (see H.R. 3751) [27JN]
Harold Hughes Commission on Alcoholism: establish (see H.R. 3600)
[6JN]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
Health care facilities: denial of nurse aide training programs
relative to quality or operation (see H.R. 3233) [15AP]
------improve and expand clinical research programs (see H.R.
3587, 3904) [5JN] [25JY]
------waiver of prior hospitalization requirement for coverage of
skilled nursing facility services for certain individuals (see
H.R. 4244) [27SE]
Health care professionals: exempt from liability for negligence
relative to services performed for low-income individuals (see
H.R. 2938) [1FE]
------facilitate the dissemination to physicians of scientific
information on drug therapies and medical devices (see H.R.
2932) [1FE]
Housing: occupancy standards for federally assisted housing
relative to drug and alcohol abusers (see H.R. 3390) [2MY]
------regulation of residential care facilities (see H.R. 2927)
[1FE]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Individuals With Disabilities Education Act: reauthorization (see
H.R. 3268) [18AP]
Insurance: establish a minimum amount that may be applied as an
aggregate lifetime limit relative to coverage under certain
health benefit plans (see H.R. 3030) [6MR]
------establish consumer protection standards for the purchase of
long-term care insurance (see H.R. 3381) [1MY]
------permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3582,
3958) [5JN] [2AU]
------prohibit certain clauses and programs in health care
insurance and employment contracts (see H.R. 3222) [29MR]
------prohibit certain clauses in health plans that indemnify the
insurer against liability (see H.R. 3695) [20JN]
------prohibit denial of health coverage based on status as victim
of domestic violence (see H.R. 3145) [21MR]
------prohibit interference between health care providers and
their patients (see H.R. 2976) [27FE]
------prohibit use of financial incentives to encourage health
care practitioners to limit medical tests, services, and
treatments (see H.R. 3694) [20JN]
------prohibit use of genetic information in determining coverage
or premiums (see H.R. 4008) [2AU]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
------require health plans to provide coverage for a minimum
hospital stay for certain breast cancer treatments (see H.R.
4296) [28SE]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101, 3425, 3436) [14MR] [29MR] [9MY] [10MY]
------treatment of prescription drugs (see H.R. 3991) [2AU]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
------reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
Medicaid: county-operated health insurance programs qualifications
and requirements (see H.R. 3056) [7MR]
------permit States to cover community-based attendant services
(see H.R. 4250) [27SE]
------preadmission screening and resident review requirements for
certain nursing facilities (see H.R. 3232, 3632) [15AP] [12JN]
------reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
------screening mammography and screening pap smears (see H.R.
3630) [12JN]
------State recovery of expenses from medical assistance programs
(see H.R. 2883) [25JA]
------waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
------waiver of enrollment composition rule for the District of
Columbia Chartered Health Plan (see H.R. 3264) [17AP]
------waiver of enrollment composition rule relative to certain
HMOs (see H.R. 3866, 3871, 4227) [22JY] [23JY] [26SE]
Medical devices: allow marketing of Sensor Pad to aid in breast
self-examination (see H.R. 3504) [22MY]
Medicare: access to medigap supplemental insurance for enrollees
in both traditional and managed care plans (see H.R. 3374)
[1MY]
------allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------assure access to services under the Medicare Health
Maintenance Organization Program (see H.R. 3079) [13MR]
------contract reform (see H.R. 3132) [20MR]
------coverage for home health services (see H.R. 4229) [27SE]
------coverage of acupuncturist services (see H.R. 3292) [23AP]
------coverage of certain antibiotics parenterally administered at
home (see H.R. 3262, 4248) [17AP] [27SE]
------coverage of outpatient parenteral antimicrobial therapy (see
H.R. 4190) [25SE]
------coverage of outpatient self-management training services and
blood-testing strips for persons with diabetes (see H.R. 4264)
[27SE]
------coverage of vancomycin home parenteral therapy (see H.R.
4189) [25SE]
------demonstration project to improve the quality and cost-
effectiveness of telemedicine and medical informatic networks
(see H.R. 4268) [27SE]
------demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
------eligibility of certain hospitals that own skilled nursing
facilities relative to geographic reclassification (see H.R.
4158) [24SE]
------eliminate time limitation on benefits for immunity
suppressing drugs (see H.R. 3138) [21MR]
------establish consumer protections for supplemental insurance
plans (see H.R. 4047) [11SE]
------expand coverage of part B to provide for respite care
services (see H.R. 3585) [5JN]
------expedite payment adjustments for durable medical equipment
(see H.R. 3225) [29MR]
------extend community nursing organization demonstration projects
(see H.R. 3337) [25AP]
------extend period of applicability of enrollment mix requirement
for HMOs to Watts Health Foundation (see H.R. 2923) [31JA]
------hospice care reform (see H.R. 3714) [25JN]
------improve health services to rural areas (see H.R. 3753)
[27JN]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------permit geographic reclassification of hospitals relative to
payment adjustments (see H.R. 3942) [1AU]
------pharmaceutical care services (see H.R. 3757) [8JY]
------provide prospective payments for inpatient services relative
to rehabilitation hospitals and units (see H.R. 3856) [18JY]
------reduce part A enrollment premium for individuals not
receiving third party assistance (see H.R. 3591) [5JN]
------reduce payment for certain costs of acquiring organs for
transplant from organ procurement organizations (see H.R.
4022) [4SE]
------reform (see H.R. 3355) [30AP]
------reimbursement of education costs for residents enrolled in
certain primary care training programs (see H.R. 4271) [27SE]
------require hospitals to extend visitor privileges to non-family
members (see H.R. 4325) [28SE]
------screening mammography (see H.R. 3052) [7MR]
------study of payments for instances where certain inpatient
services are replaced by outpatient services (see H.R. 4191)
[25SE]
------treatment of certain practices relative to value units for
physicians' services (see H.R. 3859) [18JY]
------treatment of surveys of home health agencies and providers
(see H.R. 3004) [5MR]
------ultrasound equipment transportation costs (see H.R. 3555)
[30MY]
------waive enrollment composition rules for Wellness Plan (see
H.R. 4012) [2AU]
Medicare/Medicaid: prohibit funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 3123) [20MR]
[[Page 3071]]
------provide orientation and medical profiles for enrollees and
require health plans to assure child immunizations (see H.R.
4160) [24SE]
Mental health: national policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4045, 4058)
[10SE] [11SE]
National Cancer Institute: increase involvement of advocates in
breast cancer research (see H.R. 3583) [5JN]
National Commission on the Long-Term Solvency of the Medicare
Program: establish (see H.R. 3992) [2AU]
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
National Mental Health Parity Act: implementation (see H.R. 4135)
[24SE]
National objectives: assure continued health insurance coverage of
retired workers (see H.R. 4052) [11SE]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------policy to provide health care and reform insurance
procedures (see H.R. 2893, 3013, 3063, 3070, 3103, 3130, 3160,
3185) [25JA] [5MR] [12MR] [18MR] [20MR] [26MR] [28MR]
------policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
------policy to provide health care to children and pregnant women
(see H.R. 3787) [11JY]
National Physical Fitness and Sports Foundation: establish (S.
1311), return to Senate (see H. Res. 545) [27SE]
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
NIH: expand and coordinate National Heart, Lung, and Blood
Institute activities on women's diseases (see H.R. 3001)
[29FE]
------expand programs to research osteoporosis and related bone
diseases (see H.R. 3331) [25AP]
Nursing homes: nurses aide training and competency evaluation
programs (see H.R. 3633) [12JN]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Persian Gulf Conflict: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Pharmacists: regulation (see H.R. 3260) [17AP]
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
Prescription Drug Price Review Board: establish (see H.R. 3691)
[20JN]
Public Health Service: consolidate certain health center programs
(see H.R. 3081) [13MR]
------extend breast cancer research programs (see H.R. 3443)
[10MY]
Public Health Service Act: provide inclusive information service
relative to certain diseases (see H.R. 4257) [27SE]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
------modify laws relative to public assistance and benefits for
aliens (see H.R. 4335) [30SE]
------treatment of legal immigrants (see H.R. 4122) [19SE]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
San Francisco, CA: recognize the significance of the AIDS Memorial
Grove in Golden Gate Park (see H.R. 3193) [28MR]
Small business: increase deductions for health insurance costs of
self-employed individuals (see H.R. 3330) [25AP]
Social Security: apply standards to outpatient physical therapy
relative to certain physician services (see H.R. 3426) [9MY]
------determination of average annual earnings relative to child
care or home health care (see H.R. 3357) [30AP]
------establish and maintain individual investment accounts (see
H.R. 4215) [26SE]
------level of benefit payment in the month of the beneficiary's
death (see H.R. 3835, 4015) [17JY] [2AU]
------Medicare reimbursement to Military Health Services System
(see H.R. 3142, 3151, 4068) [21MR] [12SE]
------provide enrollment period for Medicare and medigap relative
to certain military retirees and dependents (see H.R. 4298)
[28SE]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
------self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
------submit Board of Trustees report to Congress on Federal
hospital insurance trust fund (see H. Con. Res. 169) [1MY]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
------use of current level disability benefits for blind
individuals in certain earnings test disability determinations
(see H.R. 4091) [17SE]
------waive waiting period for disability benefits relative to
individuals with terminal illnesses (see H.R. 3899, 3932)
[25JY] [31JY]
Social Security Administration: extend demonstration projects (see
H.R. 4039) [10SE]
Sports: improve and expand safety precautions relative to boxing
(see H.R. 4114) [19SE]
------safety for journeymen boxers (see H.R. 4167) [25SE]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
Taxation: allow credit for cleanup of contaminated industrial
sites (see H.R. 2846, 4200) [4JA] [26SE]
------credits for health insurance premiums of employees without
employer-provided health coverage (see H.R. 4176) [25SE]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------State establishment of health insurance systems for
temporarily unemployed individuals (see H.R. 3092) [14MR]
------suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of biomedical research funds (see H.R. 3624)
[12JN]
------treatment of health coverage for certain workers who leave
employment (see H.R. 3342) [25AP]
------treatment of health insurance relative to health status of
individual (see H.R. 3043) [7MR]
------treatment of long-term health care insurance (see H.R. 3381)
[1MY]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
------treatment of recreational fitness services and facilities in
certain hospitals (see H.R. 3801) [12JY]
Tobacco products: consideration of addiction to nicotine as a
disability (see H. Con. Res. 223) [26SE]
------limit access to minors (see H.R. 3954, 4245) [2AU] [27SE]
------restrict advertising and promotion (see H.R. 3821) [16JY]
Transportation: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
Veterans: eligibility for training and rehabilitation assistance
and transfer of certain educational assistance authority (see
H.R. 3674) [19JN]
------improve health care programs (see H.R. 3950) [2AU]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
------payment of dependency and indemnity compensation to certain
former spouses of veterans dying from service-connected
disabilities (see H.R. 3542) [29MY]
------permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
------presumption of service connection for certain diseases and
disabilities relative to exposure to carbon tetrachloride (see
H.R. 2891) [25JA]
------priority health care to individuals who served in Israel or
Turkey during the Persian Gulf Conflict (see H.R. 3418) [8MY]
------reform and improve eligibility for medical care and services
(see H.R. 3118, 3119) [20MR]
------treatment of cold weather injuries received during military
operations (see H.R. 4007) [2AU]
Veterans Health Administration: establishment of research
corporations at VA medical centers (see H.R. 3285) [23AP]
Water: biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
Women: effect of environment on health (see H.R. 3509) [22MY]
------establish a program for postreproductive health care (see
H.R. 3015) [5MR]
------funding for research relative to alcohol abuse (see H.R.
3175) [27MR]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
------modify certain programs relative to minorities (see H.R.
3179) [27MR]
------national policy to provide health care and reform insurance
procedures (see H.R. 3178) [27MR]
------preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research health risks of dioxin in tampons (see H.R. 3796)
[11JY]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
Conference reports
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Messages
National Drug Control Strategy: President Clinton [29AP]
Radiation Control for Health and Safety Act: President Clinton
[27MR]
Veto of H.R. 1833, Prohibit Partial-Birth Abortions: President
Clinton [15AP]
Motions
Abortion: prohibit partial-birth abortions (H.R. 1833), Senate
amendments [27MR]
------prohibit partial-birth abortions (H.R. 1833), veto [19SE]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134) [5JA]
[[Page 3072]]
National objectives: policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Blood Supply Protection From Infectious Diseases: Committee on
Government Reform and Oversight (House) (H. Rept. 104-746)
[2AU]
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of Senate Amendments to H.R. 1833, Prohibit Partial-
Birth Abortions: Committee on Rules (House) (H. Rept. 104-492)
[22MR]
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Developmental Disabilities Assistance and Bill of Rights Act
Reauthorization: Committee on Commerce (House) (H.R. 3867) (H.
Rept. 104-719) [30JY]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Health Care Anti-Fraud Protections: Committee on Government Reform
and Oversight (House) (H. Rept. 104-747) [2AU]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Health Studies and Programs Relative to Traumatic Brain Injuries:
Committee on Commerce (House) (H.R. 248) (H. Rept. 104-652)
[27JN]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
Individuals With Disabilities Education Act Reauthorization:
Committee on Economic and Educational Opportunities (House)
(H.R. 3268) (H. Rept. 104-614) [10JN]
Journeymen Boxer Safety: Committee on Commerce (House) (H.R. 1186)
(H. Rept. 104-833) [24SE]
Medicaid Osteopathic Services: Committee on Commerce (House) (H.R.
1791) (H. Rept. 104-826) [24SE]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Medicaid Requirements and Qualifications Relative to County
Operated Health Insurance Programs: Committee on Commerce
(House) (H.R. 3056) (H. Rept. 104-751) [2AU]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs: Committee on Commerce (House) (H.R. 3871) (H. Rept. 104-
752) [2AU]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
Medicare Enrollment Composition Rules for Wellness Plan: Committee
on Commerce (House) (H.R. 4012) (H. Rept. 104-845) [25SE]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
------Committee on Economic and Educational Opportunities (House)
(H.R. 995) (H. Rept. 104-498) [25MR]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs: Committee on Commerce (House) (H.R. 3633) (H. Rept.
104-818) [23SE]
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
Prohibit Interference Between Health Care Providers and Their
Patients: Committee of Conference (H.R. 2976) (H. Rept. 104-
865) [28SE]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
Social Security Administration Demonstration Projects Extension:
Committee on Ways and Means (House) (H.R. 4039) (H. Rept. 104-
786) [16SE]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
HEALTH CARE FACILITIES
Bills and resolutions
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Crime: prevention of fraud relative to provision of or receipt of
payment for health care services (see H.R. 2866) [23JA]
Dept. of Veterans Affairs: assessment of research and health care
services for women veterans (see H.R. 3711) [25JN]
------authorize medical facility projects and leases (see H.R.
3376) [1MY]
------authorize VA medical centers to retain funds collected for
health services provision (see H.R. 2913) [31JA]
------develop plan for allocation of health care resources (see
H.R. 3346) [25AP]
------develop sharing agreements relative to health care resources
(see H.R. 3321, 3561) [25AP] [30MY]
------expand services at veterans medical centers (see H.R. 3117)
[20MR]
------improve health care services for women veterans (see H.R.
3713, 3972) [25JN] [2AU]
------improve research activities for women veterans (see H.R.
3712) [25JN]
FDA: facilitate the development and approval process for medical
devices (see H.R. 3201) [29MR]
G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS: designate
(see H.R. 3253) [16AP]
Health: application of antitrust laws to health care providers'
networks (see H.R. 2925, 3770) [1FE] [10JY]
------denial of nurse aide training programs relative to quality
or operation (see H.R. 3233) [15AP]
------establish a program for postreproductive health care (see
H.R. 3015) [5MR]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
------improve and expand clinical research programs (see H.R.
3587, 3904) [5JN] [25JY]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
------improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
------prohibit certain clauses and programs in health care
insurance and employment contracts (see H.R. 3222) [29MR]
------prohibit certain clauses in health plans that indemnify the
insurer against liability (see H.R. 3695) [20JN]
------prohibit interference between health care providers and
their patients (see H.R. 2976) [27FE]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
------provide information and protect patients' rights relative to
medical care (see H.R. 4315) [28SE]
------regulation of pharmacists (see H.R. 3260) [17AP]
------require health plans to provide coverage for a minimum
hospital stay for certain breast cancer treatments (see H.R.
4296) [28SE]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101, 3226, 3425, 3436) [14MR] [29MR] [9MY] [10MY]
------requirements relative to managed care plans (see H.R. 3751)
[27JN]
Housing: regulation of residential care facilities (see H.R. 2927)
[1FE]
Insurance: prohibit use of financial incentives to encourage
health care practitioners to limit medical tests, services,
and treatments (see H.R. 3694) [20JN]
James H. Quillen VA Medical Center, Johnson City, TN: designate
(see H.R. 3320) [25AP]
Medicaid: permit States to cover community-based attendant
services (see H.R. 4250) [27SE]
------preadmission screening and resident review requirements for
certain nursing facilities (see H.R. 3232, 3632) [15AP] [12JN]
------waiver of enrollment composition rule relative to certain
HMOs (see H.R. 3866, 3871, 4227) [22JY] [23JY] [26SE]
Medicare: eligibility of certain hospitals that own skilled
nursing facilities relative to geographic reclassification
(see H.R. 4158) [24SE]
------expand coverage of part B to provide for respite care
services (see H.R. 3585) [5JN]
------expedite payment adjustments for durable medical equipment
(see H.R. 3225) [29MR]
------extend period of applicability of enrollment mix requirement
for HMOs to Watts Health Foundation (see H.R. 2923) [31JA]
------hospice care reform (see H.R. 3714) [25JN]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------permit geographic reclassification of hospitals relative to
payment adjustments (see H.R. 3942) [1AU]
------provide prospective payments for inpatient services relative
to rehabilitation hospitals and units (see H.R. 3856) [18JY]
------reduce payment for certain costs of acquiring organs for
transplant from organ procurement organizations (see H.R.
4022) [4SE]
------require hospitals to extend visitor privileges to non-family
members (see H.R. 4325) [28SE]
------treatment of surveys of home health agencies and providers
(see H.R. 3004) [5MR]
------ultrasound equipment transportation costs (see H.R. 3555)
[30MY]
[[Page 3073]]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
Nursing homes: nurses aide training and competency evaluation
programs (see H.R. 3633) [12JN]
------waiver of prior hospitalization requirement for coverage of
skilled nursing facility services for certain individuals (see
H.R. 4244) [27SE]
Public Health Service: consolidate certain health center programs
(see H.R. 3081) [13MR]
------extend breast cancer research programs (see H.R. 3443)
[10MY]
Public welfare programs: treatment of legal immigrants (see H.R.
4122) [19SE]
Social Security: Medicare reimbursement to Military Health
Services System (see H.R. 3142, 3151, 4068) [21MR] [12SE]
------self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
------submit Board of Trustees report to Congress on Federal
hospital insurance trust fund (see H. Con. Res. 169) [1MY]
Taxation: treatment of health insurance relative to health status
of individual (see H.R. 3043) [7MR]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
------treatment of recreational fitness services and facilities in
certain hospitals (see H.R. 3801) [12JY]
Veterans: improve health care programs (see H.R. 3950) [2AU]
------reform and improve eligibility for medical care and services
(see H.R. 3118, 3119) [20MR]
Veterans Health Administration: establishment of research
corporations at VA medical centers (see H.R. 3285) [23AP]
Reports filed
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Health Care Anti-Fraud Protections: Committee on Government Reform
and Oversight (House) (H. Rept. 104-747) [2AU]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs: Committee on Commerce (House) (H.R. 3871) (H. Rept. 104-
752) [2AU]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs: Committee on Commerce (House) (H.R. 3633) (H. Rept.
104-818) [23SE]
Prohibit Interference Between Health Care Providers and Their
Patients: Committee of Conference (H.R. 2976) (H. Rept. 104-
865) [28SE]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
HEALTH CARE PROFESSIONALS
related term(s) Public Health Service
Bills and resolutions
Courts: exempt from liability for negligence relative to services
performed for low-income individuals (see H.R. 2938) [1FE]
Crime: prevention of fraud relative to provision of or receipt of
payment for health care services (see H.R. 2866) [23JA]
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Dept. of Veterans Affairs: develop plan for allocation of health
care resources (see H.R. 3346) [25AP]
------develop sharing agreements relative to health care resources
(see H.R. 3321, 3561) [25AP] [30MY]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Employment: provide limited overtime exemption for emergency
medical services personnel (see H.R. 3212) [29MR]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
------facilitate the development and approval process for medical
devices (see H.R. 3201) [29MR]
Federal employees: selection of certain physicians to provide
medical opinions relative to workers' compensation claims (see
H.R. 3204) [29MR]
Health: application of antitrust laws to health care providers'
networks (see H.R. 2925, 3770) [1FE] [10JY]
------denial of nurse aide training programs relative to quality
or operation (see H.R. 3233) [15AP]
------establish a program for postreproductive health care (see
H.R. 3015) [5MR]
------establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
------improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
------permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3582,
3958) [5JN] [2AU]
------prohibit interference between health care providers and
their patients (see H.R. 2976) [27FE]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
------protection of patients' rights relative to medical care (see
H. Con. Res. 214) [12SE]
------provide information and protect patients' rights relative to
medical care (see H.R. 4315) [28SE]
------regulation of pharmacists (see H.R. 3260) [17AP]
Insurance: prohibit use of financial incentives to encourage
health care practitioners to limit medical tests, services,
and treatments (see H.R. 3694) [20JN]
Medicaid: permit States to cover community-based attendant
services (see H.R. 4250) [27SE]
------preadmission screening and resident review requirements for
certain nursing facilities (see H.R. 3232, 3632) [15AP] [12JN]
Medicare: allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------coverage for home health services (see H.R. 4229) [27SE]
------coverage of outpatient parenteral antimicrobial therapy (see
H.R. 4190) [25SE]
------coverage of vancomycin home parenteral therapy (see H.R.
4189) [25SE]
------extend community nursing organization demonstration projects
(see H.R. 3337) [25AP]
------hospice care reform (see H.R. 3714) [25JN]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------reimbursement of education costs for residents enrolled in
certain primary care training programs (see H.R. 4271) [27SE]
------study of payments for instances where certain inpatient
services are replaced by outpatient services (see H.R. 4191)
[25SE]
------treatment of certain practices relative to value units for
physicians' services (see H.R. 3859) [18JY]
Medicare/Medicaid: provide orientation and medical profiles for
enrollees and require health plans to assure child
immunizations (see H.R. 4160) [24SE]
------use of bankruptcy courts by suppliers and providers to
discharge claims and by professionals excluded from health
care programs seeking automatic stays from exclusion (see H.R.
4219) [26SE]
Nursing homes: nurses aide training and competency evaluation
programs (see H.R. 3633) [12JN]
Research: facilitate the dissemination to physicians of scientific
information on drug therapies and medical devices (see H.R.
2932) [1FE]
Social Security: apply standards to outpatient physical therapy
relative to certain physician services (see H.R. 3426) [9MY]
------self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
Taxation: treatment of qualified long-term care services (see H.R.
3585) [5JN]
Reports filed
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Health Care Anti-Fraud Protections: Committee on Government Reform
and Oversight (House) (H. Rept. 104-747) [2AU]
Medicaid Osteopathic Services: Committee on Commerce (House) (H.R.
1791) (H. Rept. 104-826) [24SE]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs: Committee on Commerce (House) (H.R. 3633) (H. Rept.
104-818) [23SE]
Prohibit Interference Between Health Care Providers and Their
Patients: Committee of Conference (H.R. 2976) (H. Rept. 104-
865) [28SE]
HEALTH CLINICS
see Health Care Facilities
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
Appointments
Conferees: H.R. 3103, provisions [11JN]
Bills and resolutions
Enact (H.R. 3103): consideration of conference report (see H. Res.
500, 502) [31JY] [1AU]
------corrections in enrollment of conference report (see H. Con.
Res. 208) [2AU]
Conference reports
Provisions (H.R. 3103) [31JY]
Motions
Enact (H.R. 3103) [28MR] [11JN]
------conference report [1AU]
Reports filed
Consideration of Conference Report on H.R. 3103, Provisions:
Committee on Rules (House) (H. Res. 500) (H. Rept. 104-735)
[31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Provisions: Committee of Conference (H.R. 3103) (H. Rept. 104-736)
[31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
HEALTH SERVICE ACT
Bills and resolutions
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
HEFLEY, JOEL (a Representative from Colorado)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Aviation: regulation of scheduled passenger air service at
reliever airports (see H.R. 3141) [21MR]
Dept. of Defense: authorizing military construction appropriations
(see H.R. 3231) [15AP]
Federal employees: improve housing of land management agency field
employees (see H.R. 2941) [1FE]
High Hopes II (vessel): certificate of documentation (see H.R.
3935) [31JY]
High Hopes (vessel): certificate of documentation (see H.R. 3935)
[31JY]
History: recognition of the heritage of certain areas of the U.S.
(see H.R. 3305) [24AP]
Small business: establish labor and tax provisions (see H.R. 4252)
[27SE]
Social Security: Medicare reimbursement to Military Health
Services System (see H.R. 3142) [21MR]
Tariff: certain industrial nylon fabrics (see H.R. 4150) [24SE]
Urban areas: metropolitan planning (see H.R. 4330) [30SE]
[[Page 3074]]
Water: biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
HEFNER, W.G. (BILL) (a Representative from North Carolina)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Bills and resolutions introduced by
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
Motions offered by
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (H.R. 3517)
[26JY]
HEINEMAN, FREDERICK KENNETH (a Representative from North Carolina)
Bills and resolutions introduced by
Drugs: prevent manufacturing and use of methamphetamine (see H.R.
3852) [18JY]
HELIUM ACT
Bills and resolutions
Business and industry: arrange for the recovery and disposal of
helium on Federal lands (see H.R. 2906, 4168) [30JA] [25SE]
Public lands: recovery and disposal of helium (see H.R. 3008)
[5MR]
HERGER, WALLY (a Representative from California)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
Bills and resolutions introduced by
California: pilot project in the Plumas, Lassen, and Tahoe
National Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
Law enforcement officers: compensation of officers in canine units
(see H.R. 2966) [16FE]
Conference reports
Setting Forth the Federal Budget for 1997-2002 (H. Con. Res. 178)
[7JN]
HEROISM
Bills and resolutions
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
Battle of Midway National Memorial: establish (see H.R. 3597)
[6JN]
Fry, Varian: award Congressional Gold Medal (see H.R. 3352) [30AP]
Mother Teresa: confer honorary U.S. citizenship (see H.J. Res.
191) [10SE]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
Roosevelt, Theodore: award the Congressional Medal of Honor (see
H.R. 3966) [2AU]
World War II: tribute to people of Crete for heroic endeavor and
sacrifice (see H. Res. 441) [23MY]
Reports filed
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
HEY, DA! (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4225) [26SE]
HIGH HOPES II (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3935) [31JY]
HIGH HOPES (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3935) [31JY]
HIGHER EDUCATION ACT
Bills and resolutions
Crime: require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
Reports filed
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
HIGHWAY SAFETY ACT
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
HIGHWAYS
see Roads and Highways
HILLEARY, VAN (a Representative from Tennessee)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
HILLIARD, EARL F. (a Representative from Alabama)
Bills and resolutions introduced by
Marion National Fish Hatchery: convey to Alabama (see H.R. 3557)
[30MY]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Small business: increase deductions for health insurance costs of
self-employed individuals (see H.R. 3330) [25AP]
Taxation: treatment of certain depreciable business assets (see
H.R. 3329) [25AP]
HINCHEY, MAURICE D. (a Representative from New York)
Appointments
Committee on Economics (Joint) [7MR]
Conferee: H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions introduced by
Business and industry: prohibit employment discrimination relative
to participation in labor organization activities (see H.R.
3763) [9JY]
Collective bargaining: permit additional remedies in certain
unfair labor practice cases (see H.R. 3764) [9JY]
Federal Employees Health Benefits Program: coverage of
acupuncturist services (see H.R. 3292) [23AP]
Medicare: coverage of acupuncturist services (see H.R. 3292)
[23AP]
------reform (see H.R. 3355) [30AP]
HINSDALE, CO
Bills and resolutions
Public lands: land exchange (see H.R. 4213) [26SE]
HISPANIC AMERICANS
Bills and resolutions
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
HISTORIC BUILDINGS AND SITES
Bills and resolutions
Advisory Council on Historic Preservation: reauthorize (see H.R.
3031) [6MR]
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Great Falls Historic District: establish (see H.R. 3911) [26JY]
Hudson and Mohawk Rivers National Historical Park: establish (see
H.R. 2849) [4JA]
Lower East Side Tenement Museum National Historic Site: establish
(see H.R. 3628) [12JN]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
National Park Service: coordinate programs and enter into
cooperative agreements with the National Underground Railroad
Freedom Center (see H.R. 4073) [12SE]
Nicodemus National Historic Site: establish (see H.R. 3256) [16AP]
Ohio: designate Fallen Timbers Battlefield, Fort Meigs, and Fort
Miamis as national historic sites (see H.R. 4174) [25SE]
Oil Region National Heritage Area: establish (see H.R. 3596) [6JN]
U.S. Civil War Center, Baton Rouge, LA: designate (see H.J. Res.
179) [16MY]
Virgin Islands: transfer of management authority of Christiansted
National Historic Site (see H.R. 3635) [13JN]
Washita Battlefield National Historic Site: establish (see H.R.
3099) [14MR]
Reports filed
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
HISTORY
Bills and resolutions
African Americans: recognize end of slavery and true day of
independence (see H.J. Res. 195) [17SE]
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
Barry, John: recognize as first flag officer of the U.S. Navy (see
H.J. Res. 196) [26SE]
Battle of Midway National Memorial: establish (see H.R. 3597)
[6JN]
Berlin, NH: examine historical significance (see H.R. 4026) [5SE]
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Capitol Building and Grounds: recognize contributions of all
American citizens in the National Statuary Hall (see H. Con.
Res. 158) [29MR]
------restoration of statue honoring women's suffrage and
relocation to the rotunda (see H. Con. Res. 216) [24SE]
Cold war: tribute to individuals who served the U.S. (see H. Con.
Res. 180) [22MY]
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
Education: development of curriculum designed to educate students
about the Irish famine (see H. Con. Res. 226) [27SE]
------express disapproval of the National Center for History in
the Schools standards for teaching U.S. and world history (see
H. Res. 348) [25JA]
George Washington University: anniversary (see H. Con. Res. 139)
[31JA]
Heritage: recognition of the heritage of certain areas of the U.S.
(see H.R. 3305) [24AP]
Japan: treatment of U.S. military and civilian POW's during World
War II (see H. Con. Res. 176) [10MY]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
National Historical Publications and Records Commission:
authorizing appropriations (see H.R. 3625) [12JN]
National Park Service: coordinate programs and enter into
cooperative agreements with the National Underground Railroad
Freedom Center (see H.R. 4073) [12SE]
Ohio: designate Fallen Timbers Battlefield, Fort Meigs, and Fort
Miamis as national historic sites (see H.R. 4174) [25SE]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
Poland: anniversary of adoption of constitution (see H. Con. Res.
165) [18AP]
------condemn construction of shopping center within
internationally protected zone around the Auschwitz death camp
(see H. Res. 398) [29MR]
[[Page 3075]]
Public lands: collection of fossils (see H.R. 2943) [1FE]
Southwest Montana Heritage and Recreation Area: establish (see
H.R. 3318) [24AP]
Virgin Islands: transfer of management authority of Christiansted
National Historic Site (see H.R. 3635) [13JN]
Washington, George: reading of Farewell Address at the beginning
of each Congress (see H. Con. Res. 222) [26SE]
Washita Battlefield National Historic Site: establish (see H.R.
3099) [14MR]
World War II: tribute to Filipino veterans (see H. Con. Res. 191)
[20JN]
------tribute to people of Crete for heroic endeavor and sacrifice
(see H. Res. 441) [23MY]
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
Reports filed
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
HOBSON, DAVID L. (a Representative from Ohio)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
Bills and resolutions introduced by
Forrestal Institute: establish (see H.R. 2993) [29FE]
HOEKSTRA, PETER (a Representative from Michigan)
Bills and resolutions introduced by
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Tariff: desmedipham (see H.R. 3438) [10MY]
------ethofumesate (see H.R. 3440) [10MY]
------phenmedipham (see H.R. 3439) [10MY]
HOKE, MARTIN R. (a Representative from Ohio)
Bills and resolutions introduced by
Dept. of Defense: procurement of aircraft landing gear
manufactured and assembled in the U.S. (see H.R. 3171) [27MR]
Education: restore equal educational opportunity (see H.R. 4304)
[28SE]
Freedom of religion: enforce constitutional rights (see H.R. 4129,
4130) [20SE]
Immigration: reassess Canadian boater landing permit requirements
(see H.R. 4165) [25SE]
Lebanon: restrictions on travel and the use of U.S. passports (see
H. Res. 390) [22MR]
NATO: membership of Central and East European countries (see H.R.
4096) [17SE]
HOLDEN, TIM (a Representative from Pennsylvania)
Bills and resolutions introduced by
Social Security: level of benefit payment in the month of the
beneficiary's death (see H.R. 3835) [17JY]
HOLIDAYS
see Special Days and Holidays
HOMELESS
Bills and resolutions
Assistance (see H.R. 3347) [25AP]
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
Dept. of HUD: terminate the property disposition program providing
single-family properties for use for the homeless (see H.R.
4085) [17SE]
Federal housing assistance programs: consolidate (see H.R. 3964)
[2AU]
Public buildings: make certain Federal facilities available to
organizations for use as temporary homeless shelters (see H.R.
3496) [21MY]
Veterans: housing programs (see H.R. 4132) [23SE]
------reintegration assistance (see H.R. 3611) [11JN]
HOMOSEXUALITY
Bills and resolutions
Armed Forces: discharge of military personnel relative to positive
HIV test (see H.R. 2959, 3926, 4344) [1FE] [31JY] [4OC]
------policy regarding military service by homosexuals (see H.R.
3925) [31JY]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Marriage: define and protect institution (see H.R. 3396) [7MY]
------define and protect institution (H.R. 3396), consideration
(see H. Res. 474) [10JY]
San Francisco, CA: recognize the significance of the AIDS Memorial
Grove in Golden Gate Park (see H.R. 3193) [28MR]
Conference reports
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Motions
Marriage: define and protect institution (H.R. 3396) [12JY]
Reports filed
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Consideration of H.R. 3396, Defense of Marriage Act: Committee on
Rules (House) (H. Res. 474) (H. Rept. 104-666) [10JY]
Defense of Marriage Act: Committee on the Judiciary (House) (H.R.
3396) (H. Rept. 104-664) [9JY]
HONG KONG
Bills and resolutions
Immigration: provide special status for certain alien journalists
working in Hong Kong (see H.R. 4156) [24SE]
HONOLULU, HI
Bills and resolutions
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
HOPTOAD (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3388) [1MY]
HORN, STEPHEN (a Representative from California)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Federal employees: reduce administrative costs and improve
services relative to relocation allowances (see H.R. 3637)
[13JN]
Federal-State relations: improve the effectiveness of financial
management and audits of State and local governments receiving
Federal assistance (see H.R. 3184) [28MR]
Information services: provide safeguards for confidentiality of
statistical information (see H.R. 3924) [31JY]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
HORNBLOWER, AUGUSTA (GUSTY)
Bills and resolutions
Augusta (Gusty) Hornblower U.S. Post Office, Groton, MA: designate
(see H.R. 3768) [10JY]
HORTICULTURE
related term(s) Flowers
Bills and resolutions
Tariff: fresh cut Colombian flowers (see H. Res. 452) [12JN]
HOSPICES
see Health Care Facilities
HOSPITALS
see Health Care Facilities
HOSTAGES
see Terrorism
HOSTETTLER, JOHN (a Representative from Indiana)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
HOUGHTON, AMO (a Representative from New York)
Appointments
Canada-U.S. Interparliamentary Group [27MR]
Bills and resolutions introduced by
Children and youth: establish child retirement accounts (see H.R.
4253) [27SE]
Minimum wage: level (see H.R. 3383) [1MY]
Sierra Leone: elections (see H. Con. Res. 160) [15AP]
Taxation: repeal special limitations on tax-exempt bond issues
(see H.R. 2864) [23JA]
HOUSE OF REPRESENTATIVES
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee on Economics (Joint) [7MR]
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Conferees: H.R. 3754, legislative branch of the Government
appropriations [30JY]
House of Representatives Page Board [1AU]
Bills and resolutions
Adjournment: prohibit recess or adjournment during periods of
lapsed appropriations (see H. Res. 332) [4JA]
Andrew Jacobs, Jr., U.S. Post Office Building, Indianapolis, IN:
designate (see H.R. 4223) [26SE]
Baker, Representative Richard H.: election to the Committee on
Transportation and Infrastructure (House) (see H. Res. 467)
[26JN]
Bass, Representative: dismissal of election contest (see H. Res.
539) [26SE]
Budget: reform process (see H.R. 4285) [28SE]
------use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Business and industry: ensure congressional approval of compliance
costs relative to Government regulations (see H.R. 3277)
[18AP]
Capitol Building and Grounds: authorizing use of Grounds for
Congressional Family Picnic (see H. Con. Res. 198) [11JY]
Children and youth: proclaim as greatest U.S. asset (see H. Res.
434) [14MY]
Committee on Information (Joint): establish (see H.R. 4280) [28SE]
Committee on Standards of Official Conduct (House): authorizing
expenditures (see H. Res. 377) [7MR]
Committees of the House: majority party appointments (see H. Res.
462) [25JN]
------minority party appointments (see H. Res. 367, 408, 414, 447,
523) [28FE] [22AP] [25AP] [5JN] [17SE]
Computers: access to voting records and legislative activities of
Members through the official Internet home page (see H. Res.
454) [12JN]
Congress: adjournment (see H. Con. Res. 133, 141, 157, 192, 203,
230) [9JA] [1FE] [29MR] [27JN] [26JY] [28SE]
------adjournment, consideration (see H. Res. 465) [26JN]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (see H.J.
Res. 159) [1FE]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (see H. Res. 395) [29MR]
------constitutional amendment to require a two-thirds majority on
the passage of legislation increasing revenue (see H.J. Res.
169) [28MR]
------constitutional duties (see H. Res. 431) [10MY]
------increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
------notify the President that a quorum has assembled (see H.
Res. 325) [3JA]
------reform lobbying disclosure and gift rules (see H.R. 3140)
[21MR]
------restore integrity, goodwill, honesty, and trust (see H.R.
3792) [11JY]
------set date for convening of 105th Congress and the date for
the counting of electoral votes for President and Vice
President (see H.J. Res. 198) [28SE]
[[Page 3076]]
------transition for new Members (see H.R. 3544) [29MY]
------waive enrollment requirements for certain appropriations
legislation (see H.J. Res. 197) [28SE]
Congressional Office of Compliance: approval of final regulations
relative to employing offices of the House of Representatives
(see H. Res. 400, 504; H. Con. Res. 207) [15AP] [1AU]
------provide educational assistance to employing offices of the
House of Representatives (see H. Res. 401) [15AP]
Crime: punish false statements during debate on the floor of
either House of Congress (see H.R. 3996) [2AU]
Daily meeting: fixing the hour (see H. Res. 327) [3JA]
Elections: campaign ethics reform and contribution limits (see
H.R. 2944, 3053, 3274, 3505, 3543, 3588, 3760, 3800, 3820)
[1FE] [7MR] [18AP] [22MY] [29MY] [5JN] [9JY] [12JY] [16JY]
------campaign ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------campaign ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
------comply with campaign spending limits and enhance importance
of individual and intradistrict contributions (see H.R. 3912)
[26JY]
------constitutional amendment relative to expenditure of money to
elect public officials (see H.J. Res. 187) [25JY]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
------limit expenditures for candidates (see H.R. 3651) [13JN]
------limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
------provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
------require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
------require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
Emerson, Bill: tribute (see H. Res. 459) [25JN]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
Foreign travel expenditures: require Members to submit annual
reports on federally funded travel for publication in the
Congressional Record (see H. Res. 423) [2MY]
Franking privilege: establish disclosure requirements (see H.R.
3772) [10JY]
------official mail allowance (see H.R. 3771) [10JY]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
------reduce number of pieces of mail constituting a mass mailing
(see H.R. 3774) [10JY]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Funderburk, Representative: election to Committee on Agriculture
(House) (see H. Res. 509) [2AU]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
Government: reduce spending and regulatory programs (see H. Con.
Res. 193) [27JN]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Government regulations: require congressional approval of certain
proposed rules (see H.R. 2990) [28FE]
Greene, Representative: election as Speaker pro tempore (see H.
Res. 471) [8JY]
House Rules: allow consideration of floor amendments supported by
20 percent of both the majority and minority membership (see
H. Res. 548) [27SE]
------authority of the Committee on Rules (House) to report rules
or orders waiving the germaneness requirement (see H. Res.
505) [1AU]
------authority of the Speaker to declare recess (see H. Res. 330,
352) [3JA] [31JA]
------imposition of ``Ramseyer requirement'' on conference reports
(see H. Res. 549) [27SE]
------improve committee operations, procedures, and staffing (see
H. Res. 480) [16JY]
------postpone final action on legislative branch appropriations
until all other appropriations bills have been enacted (see H.
Res. 358) [1FE]
------procedures of the Committee on Standards of Official Conduct
(House) (see H. Res. 346) [25JA]
------prohibit foreign travel by retiring Members (see H. Res.
361) [1FE]
------provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
------question of privilege relative to public debt ceiling (see
H. Res. 354) [31JA]
------question of privilege relative to withdrawal of invitation
to Jacques Chirac to address a joint meeting of Congress (see
H. Res. 350) [30JA]
------random drug testing of officers and employees (see H. Res.
512) [2AU]
------reduce number of programs covered by appropriation bills
(see H. Res. 476, 514) [11JY] [2AU]
------require drug testing of Members, officers, and staff (see H.
Res. 510, 519) [2AU] [11SE]
------require Members to establish office policies relative to the
use of computer software, programs, and data bases (see H.
Res. 533) [24SE]
------require witnesses at committee hearings to disclose Federal
grants or contracts received during current and previous
fiscal years (see H. Res. 486) [22JY]
------same-day consideration of certain resolutions (see H. Res.
412) [24AP]
------same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules
(see H. Res. 525, 546) [19SE] [27SE]
------time limits on questioning of witnesses by Members of
certain standing committees and subcommittees (see H. Res.
550) [27SE]
Jackson, Representative: election to the Committee on Banking and
Financial Services (House) (see H. Res. 337) [5JA]
Klug, Representative: election to the Committee on Government
Reform and Oversight (House) (see H. Res. 485) [22JY]
Legislation: enactment of certain (see H.R. 3136) [21MR]
------enactment of certain (H.R. 3136), consideration (see H. Res.
391) [27MR]
------enactment of certain (H.R. 3136), waiving enrollment
requirements (see H.J. Res. 168) [26MR]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
------making appropriations (see H.R. 3754) [8JY]
------making appropriations (H.R. 3754), consideration (see H.
Res. 473) [9JY]
Lobbyists: penalty for transmission of fraudulent communications
to Congress (see H.R. 3128) [20MR]
McNulty, Representative: election to the Committee on Ways and
Means (House) (see H. Res. 344) [25JA]
Members of Congress: adjust pay relative to congressional
performance (see H.R. 3276) [18AP]
------constitutional amendment relative to use of false statements
during official duties (see H.J. Res. 188) [2AU]
------deny Federal retirement annuities to Members convicted of
felonies (see H.R. 3310, 3447, 4011) [24AP] [10MY] [2AU]
------eliminate automatic salary adjustments (see H.R. 3956) [2AU]
------establish a commission on size of membership and election
process (see H.R. 4076) [12SE]
------prohibit the soliciting or accepting of campaign
contributions within certain areas of the Capitol (see H. Res.
432, 433, 439, 457) [10MY] [14MY] [16MY] [20JN]
------retirement eligibility (see H.R. 3887) [24JY]
Monuments and memorials: prohibit extension or establishment of
any national monument in Idaho without public participation
and an express act of Congress [19SE]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147, 4214) [24SE] [26SE]
Morella, Representative: election as Speaker pro tempore (see H.
Res. 363) [6FE]
Neumann, Representative: election to the Committee on the Budget
(House) (see H. Res. 357) [1FE]
Northern Mariana Islands: provide for a nonvoting delegate (see
H.R. 3879, 4067) [23JY] [12SE]
Office Waste Recycling Program: implementation (see H. Res. 513)
[2AU]
105th Congress: printing of House Rules and Manual (see H. Res.
552) [28SE]
------set date for convening of any organizational caucus or
conference (see H. Res. 551) [28SE]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
Rose, Representative: dismissal of election contest (see H. Res.
538) [26SE]
Senate: notify that a quorum of the House of Representatives has
assembled (see H. Res. 326) [3JA]
Travel: official travel restrictions to foreign countries during
periods of lapsed appropriations (see H.R. 2841) [3JA]
Walker, Representative: election as Speaker pro tempore (see H.
Res. 553) [30SE]
Washington, George: reading of Farewell Address at the beginning
of each Congress (see H. Con. Res. 222) [26SE]
Conference reports
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Discharge petitions signed
Budget: reconciliation of the concurrent resolution (H.R. 2530),
consideration (H. Res. 333) [1FE] [8MR]
Elections: campaign ethics reform and contribution limits (H.R.
2566), consideration (H. Res. 373) [22MR] [29MR] [19AP] [25AP]
[2MY] [10MY] [16MY] [13JN] [20JN] [27JN] [12JY]
Endangered Species Act: reauthorize (H.R. 2275), consideration (H.
Res. 466) [18JY] [26JY] [2AU]
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125), consideration (H. Res.
364) [8MR]
------repeal ban on assault weapons and large capacity ammunition
feeding devices (H.R. 464), consideration (H. Res. 210) [8MR]
Health care professionals: create tax incentives for provision of
rural health care services (H.R. 425) [27JN]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (H. Res. 443) [27JN]
[12JY] [18JY] [26JY]
Public Debt: ceiling (H.R. 2409), consideration (H. Res. 292)
[26JA] [1FE]
Public Welfare Programs: reform (H.R. 2915), consideration (H.
Res. 425) [12JY] [18JY]
Taxation: assessment of retail dealer occupational taxes (H.R.
302) [26JA]
Motions
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
[[Page 3077]]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (H. Res. 395) [15AP]
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
House Rules: same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules (H.
Res. 546) [28SE]
------same-day consideration of certain resolutions (H. Res. 412)
[25AP]
Legislation: enactment of certain (H.R. 3136) [28MR]
Legislative branch of the Government: making appropriations (H.R.
3754) [10JY] [30JY]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Consideration of Congressional Adjournment: Committee on Rules
(House) (H. Res. 465) (H. Rept. 104-640) [26JN]
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue: Committee on
Rules (House) (H. Res. 395) (H. Rept. 104-513) [29MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3754, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 473) (H. Rept. 104-663)
[9JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
Dismissal of Election Contest Against Representative Bass:
Committee on House Oversight (House) (H. Res. 539) (H. Rept.
104-853) [26SE]
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
House of Representatives Official Allowance That Represents
Administrative Reforms: Committee on House Oversight (House)
(H.R. 2739) (H. Rept. 104-482) [14MR]
House Rules Relative to Same-Day Consideration of Certain
Resolutions: Committee on Rules (House) (H. Res. 412) (H.
Rept. 104-535) [24AP]
House Rules Relative to the Speaker's Authority To Declare Recess:
Committee on Rules (House) (H. Res. 330) (H. Rept. 104-445)
[3JA]
------Committee on Rules (House) (H. Res. 352) (H. Rept. 104-457)
[31JA]
Legislative Branch of the Government Appropriations: Committee of
Conference (H.R. 3754) (H. Rept. 104-733) [31JY]
------Committee on Appropriations (House) (H.R. 3754) (H. Rept.
104-657) [8JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives: Committee on Resources
(House) (H.R. 4067) (H. Rept. 104-856) [27SE]
Same-Day Consideration of Certain Resolutions and Consideration of
Legislation Under Suspension of the House Rules: Committee on
Rules (House) (H. Res. 525) (H. Rept. 104-809) [19SE]
------Committee on Rules (House) (H. Res. 546) (H. Rept. 104-855)
[27SE]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
Year 2000 Computer Software Conversion--Summary of Oversight
Findings and Recommendations: Committee on Government Reform
and Oversight (House) (H. Rept. 104-857) [27SE]
HOUSING
related term(s) Homeless
Appointments
Conferees: H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
Crime: occupancy standards for federally assisted housing relative
to drug and alcohol abusers (see H.R. 3390) [2MY]
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (see H.R.
3517) [23MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration (see H. Res. 442) [29MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration of conference report (see H. Res. 497) [31JY]
Dept. of HUD: deregulate public housing and rental assistance
programs (H.R. 2406), consideration (see H. Res. 426) [7MY]
------establish consensus committee for maintenance and revision
of safety standards for manufactured home construction (see
H.R. 3404, 3406) [7MY]
------establish performance funds through consolidation of certain
housing programs (see H.R. 3740) [27JN]
------notify local government about proposed assisted multifamily
housing projects (see H.R. 4064) [12SE]
------occupancy standards relative to purchasers of single family
residential properties (see H.R. 4141) [24SE]
------prevent certain abuses (see H.R. 4235) [27SE]
------terminate the property disposition program providing single-
family properties for use for the homeless (see H.R. 4085)
[17SE]
------withhold public housing assistance to State agencies that
impede eviction of a tenant (see H.R. 3865) [22JY]
Dept. of Veterans Affairs: extend enhanced loan asset sale
authority (see H.R. 3459) [15MY]
Fair Housing Act: amend (see H.R. 4019) [4SE]
Federal aid programs: prohibit increase of security deposit in
units receiving Federal rental housing assistance (see H.R.
3679) [19JN]
------rental assistance payments for certain owners of
manufactured homes who rent the lots on which their homes are
located (see H.R. 3402) [7MY]
Federal employees: improve housing of land management agency field
employees (see H.R. 2941) [1FE]
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
------reform and modernize (see H.R. 3167) [27MR]
Federal programs: authorize, revise, and extend certain Federal
programs (see H.R. 3743) [27JN]
FHA: streamline certain single family housing programs (see H.R.
3742) [27JN]
Floods: participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Government regulations: enforcement of regulatory requirements for
single-and multifamily housing (see H.R. 3741) [27JN]
Hawaiian Homes Commission Act: amend (see H.J. Res. 192) [16SE]
Health care facilities: regulation of residential care facilities
(see H.R. 2927) [1FE]
Homeless: assistance (see H.R. 3347) [25AP]
------consolidate Federal housing assistance programs (see H.R.
3964) [2AU]
------housing programs for veterans (see H.R. 4132) [23SE]
------reintegration assistance for veterans (see H.R. 3611) [11JN]
Immigration: limit use of federally assisted housing by aliens
(see H.R. 2885) [25JA]
Lower East Side Tenement Museum National Historic Site: establish
(see H.R. 3628) [12JN]
Mortgages: adjust mortgage loan limits (see H.R. 4063) [12SE]
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
------funding for housing programs relative to tribal self-
governance (see H.R. 3219) [29MR]
------require uniform appraisals of certain leaseholds of
restricted Indian lands (see H.R. 4260) [27SE]
Public buildings: make certain Federal facilities available to
organizations for use as temporary homeless shelters (see H.R.
3496) [21MY]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Puerto Rico: relief for certain loans (see H.R. 4269) [27SE]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
Rental housing: prohibit Federal assistance to owners whose
tenants are family members (see H.R. 3963) [2AU]
States: authority to set rental occupancy standards (see H.R.
3385) [1MY]
Taxation: application of low-income housing credit on housing
units assigned to certain single parents (see H.R. 3503)
[22MY]
------exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------extend the veterans' adjustable rate mortgage demonstration
project (see H.R. 3939) [1AU]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
------treatment of financial guaranty insurance (see H.R. 3703)
[24JN]
------treatment of sale and subsequent purchase of principal
residences (see H.R. 3035) [6MR]
Conference reports
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) [30JY]
Messages
Dept. of HUD Annual Report: President Clinton [29JY]
Motions
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (H.R. 3517)
[26JY]
Dept. of HUD: deregulate public housing and rental assistance
programs (H.R. 2406) [9MY]
Reports filed
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure: Committee on Rules (House) (H.
Res. 497) (H. Rept. 104-731) [31JY]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure: Committee on Rules (House) (H. Res. 442) (H.
Rept. 104-599) [29MY]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure: Committee of
Conference (H.R. 3517) (H. Rept. 104-721) [30JY]
------Committee on Appropriations (House) (H.R. 3517) (H. Rept.
104-591) [23MY]
Federal Agricultural Mortgage Corp., Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
Housing of Federal Land Management Agency Field Employees:
Committee on Resources (House) (H.R. 2941) (H. Rept. 104-802)
[17SE]
Public Housing Deregulation and Rental Assistance Programs:
Committee on Banking and Financial
[[Page 3078]]
Services (House) (H.R. 2406) (H. Rept. 104-461) [1FE]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
HOUSING AND COMMUNITY DEVELOPMENT ACT
Bills and resolutions
Federal aid programs: deny community development block grants to
States that allow recovery of damages for injuries suffered in
the commission of a felony (see H.R. 3736) [27JN]
HOYER, STENY H. (a Representative from Maryland)
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
Bills and resolutions introduced by
Abortion: prohibit partial-birth abortions (see H.R. 4284) [28SE]
Appropriations: making continuing (H.J. Res. 118), consideration
(see H. Res. 329) [3JA]
Capitol Building and Grounds: authorizing use of Grounds for
Greater Washington Soap Box Derby (see H. Con. Res. 153)
[22MR]
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
Government: coordinate Federal financial assistance programs to
streamline Government operations (see H.R. 3064) [12MR]
Motions offered by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
HRUSKA, ROMAN L. (a former Senator from Nebraska)
Reports filed
Roman L. Hruska U.S. Courthouse, Omaha, NE: Committee on
Transportation and Infrastructure (House) (H.R. 3400) (H.
Rept. 104-610) [6JN]
HUMAN RIGHTS
related term(s) Civil Liberties; Civil Rights; Genocide
Bills and resolutions
Burma: impose sanctions (see H.R. 2892) [25JA]
------U.S. policy (see H. Con. Res. 188) [13JN]
Cambodia: human rights situation (see H. Res. 345) [25JA]
China, People's Republic of: human rights situation in Tibet (see
H. Res. 347) [25JA]
------most-favored-nation status (see H.J. Res. 181, 182) [12JN]
[13JN]
------most-favored-nation status (H.J. Res. 182), consideration
(see H. Res. 463) [25JN]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
China, Republic of: democracy efforts (see H. Con. Res. 138, 140)
[31JA]
Claims: remedies for claims involving human experimentation and
constitutional and human rights violations (see H.R. 3946)
[1AU]
Clothing industry: legal accountability for sweatshop conditions
(see H.R. 4166) [25SE]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Foreign policy: strengthen protection of human rights (see H.R.
4036) [5SE]
Foreign trade: impose certain sanctions on countries that use
child labor (see H.R. 3812, 4037) [12JY] [5SE]
------prevent use of child labor for soccer ball manufacturing
(see H.R. 4307) [28SE]
Iraq: anniversary of gas bomb attack against Kurds (see H. Res.
379) [12MR]
Kenya: human rights and political situation (see H. Con. Res. 135)
[25JA]
Kosovo: human rights violations (see H. Con. Res. 155) [27MR]
Mauritania: human rights violations (see H. Con. Res. 142) [1FE]
Religion: persecution of Christians (see H. Res. 515) [2AU]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Sudan: prohibit foreign aid or arms transfers until elimination of
chattel slavery (see H.R. 3766) [9JY]
Vietnam: release of Buddhist monks and civilians and Roman
Catholic monks and priests (see H. Con. Res. 179) [16MY]
Yugoslavia: human and political rights of the Bosnian people of
the Sanjak region in Serbia and Montenegro (see H. Con. Res.
217) [24SE]
Zaire: democracy efforts (see H. Res. 399) [29MR]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Most-Favored-Nation Status for the People's Republic of China:
Committee on Ways and Means (House) (H.J. Res. 182) (H. Rept.
104-634) [25JN]
HUMANITARIAN ASSISTANCE
see Foreign Aid
HUNGARY, REPUBLIC OF
Bills and resolutions
NATO: membership of Central and East European countries (see H.R.
3564) [4JN]
Treaties and agreements: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
HUNGER
related term(s) Famines
Bills and resolutions
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Reports filed
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
HUNTER, DUNCAN (a Representative from California)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
Postal Service: limit commericial nonpostal services (see H.R.
3690) [20JN]
Taxation: child tax credits and deductions for taxpayers with whom
a parent or grandparent resides (see H.R. 3984) [2AU]
HUNTING AND TRAPPING
Bills and resolutions
National Wildlife Refuge System: improve management (H.R. 1675),
consideration (see H. Res. 410) [23AP]
Wildlife: clarify prohibitions and provide for wildlife habitat
under the Migratory Bird Treaty Act (see H.R. 4077) [12SE]
Reports filed
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement: Committee on Rules (House) (H. Res.
410) (H. Rept. 104-533) [23AP]
HURRICANES
related term(s) Disasters
Bills and resolutions
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
Hurricane Fran: disaster assistance for States (see H.R. 4046)
[11SE]
HUTCHINSON, Y. TIM (a Representative from Arkansas)
Appointments
Committee To Escort the President [23JA]
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions introduced by
Contracts: prohibit discrimination in awarding Federal contracts
on the basis of labor policies (see H.R. 3095) [14MR]
Dept. of Veterans Affairs: priority health care to certain
veterans exposed to hazardous or radioactive substances (see
H.R. 3643) [13JN]
Law enforcement: report deaths of persons in custody (see H.R.
3242) [15AP]
Taxation: reform and rename the earned income tax credit (see H.R.
3441) [10MY]
HYDE, HENRY J. (a Representative from Illinois)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 2202, Immigration in the National Interest Act [11SE]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
------H.R. 3103, Health Insurance Portability and Accountability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1004, Coast Guard appropriations [29FE]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
Bills and resolutions introduced by
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------constitutional amendment on protection of victims' rights
(see H.J. Res. 173, 174) [22AP]
Government: authorize alternative dispute resolution systems (see
H.R. 4194) [26SE]
Health: application of antitrust laws to health care providers'
networks (see H.R. 2925) [1FE]
Supreme Court: extend authority of the Marshal of the Supreme
Court and the Supreme Court Police (see H.R. 4164) [25SE]
Terrorism: develop technologies to combat (see H.R. 3960) [2AU]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
Motions offered by
Terrorism: improve U.S. ability to respond to terrorist threats
(S. 735) [14MR]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
------Committee on the Judiciary (House) (H.R. 2977) (H. Rept.
104-597) [29MY]
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Carjacking Correction Act: Committee on the Judiciary (House)
(H.R. 3676) (H. Rept. 104-787) [16SE]
Clarify Circumstances in Which Senior Circuit Court Judges May
Vote in En Banc Cases: Committee on the Judiciary (House) (S.
531) (H. Rept. 104-697) [23JY]
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Codify Certain Transportation Laws: Committee on the Judiciary
(House) (H.R. 2297) (H. Rept. 104-573) [14MY]
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
[[Page 3079]]
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Crimes Against Children and Elderly Persons Increased Punishment
Act: Committee on the Judiciary (House) (H.R. 2974) (H. Rept.
104-548) [1MY]
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
Parole Commission Phaseout Act: Committee on the Judiciary (House)
(S. 1507) (H. Rept. 104-789) [16SE]
Pueblo of Isleta Indian Tribe Land Claims Jurisdiction: Committee
on the Judiciary (House) (H.R. 740) (H. Rept. 104-694) [22JY]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Review of Criminal Records of Applicants for Security Officer
Employment: Committee on the Judiciary (House) (H.R. 2092) (H.
Rept. 104-827) [24SE]
HYDROELECTRIC POWER
Bills and resolutions
FERC: extension of deadline for construction of hydroelectric
project in Kentucky (see H.R. 2869) [23JA]
------extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
Reports filed
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky: Committee on Commerce (House) (H.R. 2501)
(H. Rept. 104-507) [28MR]
------Committee on Commerce (House) (H.R. 2869) (H. Rept. 104-512)
[28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina: Committee on Commerce (House) (H.R.
2773) (H. Rept. 104-510) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio: Committee on Commerce (House) (H.R. 2816) (H.
Rept. 104-511) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania: Committee on Commerce (House) (H.R.
2695) (H. Rept. 104-509) [28MR]
IDAHO
Bills and resolutions
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Dept. of the Interior: transfer certain facilities of the Minidoka
Project to the Burley Irrigation District (see H.R. 4295)
[28SE]
Monuments and memorials: prohibit extension or establishment of
any national monument in Idaho without public participation
and an express act of Congress [19SE]
Reports filed
Hells Canyon Wilderness Area Boundary Modification: Committee on
Resources (House) (H.R. 2693) (H. Rept. 104-779) [9SE]
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT
Appointments
Conferees: H.R. 2202, provisions [11SE]
Bills and resolutions
Enact (H.R. 2202): consideration of conference report (see H. Res.
528) [24SE]
Public welfare programs: modify laws relative to public assistance
and benefits for aliens (see H.R. 4335) [30SE]
Conference reports
Provisions (H.R. 2202) [24SE]
Motions
Enact (H.R. 2202) [11SE]
------conference report [25SE]
Reports filed
Consideration of Conference Report on H.R. 2202, Provisions:
Committee on Rules (House) (H. Res. 528) (H. Rept. 104-829)
[24SE]
Provisions: Committee of Conference (H.R. 2202) (H. Rept. 104-828)
[24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [21MR]
ILLINOIS
Bills and resolutions
Calumet Ecological Park: feasibility study (see H.R. 3412) [8MY]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
Reports filed
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
IMMIGRATION
related term(s) Refugees
Appointments
Conferees: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
Bills and resolutions
Aliens: asylum reform (see H.R. 3744) [27JN]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Citizenship: status of children born in U.S. to parents who are
not citizens or permanent resident aliens (see H.J. Res. 190)
[5SE]
Crime: penalties for fraud and related activity involving work
authorization documents relative to Social Security cards (see
H.R. 3724) [26JN]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Dept. of State: establish a Board of Visa Appeals (see H.R. 2975)
[27FE]
Foreign policy: allow certain aliens to obtain nonimmigrant
visitor's visas (see H.R. 4210) [26SE]
------provide remedy for inadequate trade benefits to the U.S. and
restrictions on free emigration from other countries (see H.R.
4289) [28SE]
------sanctions against countries assisting the weapons programs
of non-nuclear weapon states (see H. Res. 381) [13MR]
Government: waiver of exclusion for certain aliens (see H.R. 3928)
[31JY]
Government regulations: reassess Canadian boater landing permit
requirements (see H.R. 4165) [25SE]
Hong Kong: provide special status for certain alien journalists
(see H.R. 4156) [24SE]
Housing: limit use of federally assisted housing by aliens (see
H.R. 2885) [25JA]
Illegal aliens: permanent exclusion for aliens removed from the
U.S. as illegal entrants or immigration violators (see H.R.
2898) [25JA]
INS: promote the naturalization of eligible individuals (see H.R.
3323) [25AP]
------standards for naturalization (see H.R. 4056, 4143) [11SE]
[24SE]
National objectives: admission policies reform, treatment of
criminal aliens, alien smuggling, documentation requirements,
and border security (H.R. 2202), consideration (see H. Res.
384) [14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
Public welfare programs: modify laws relative to public assistance
and benefits for aliens (see H.R. 4335) [30SE]
------treatment of legal immigrants (see H.R. 4122) [19SE]
Refugees: treatment of adult children of Vietnamese reeducation
camp internees relative to resettlement in the U.S. (see H.
Res. 493) [30JY]
States: access of illegal immigrants to public education (see H.R.
4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
------assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
------reimburse for costs of educating certain illegal alien
students (see H.R. 4062, 4303) [12SE] [28SE]
Tourist trade: establish visa waiver pilot program for Korean
nationals traveling in tour groups (see H.R. 3962) [2AU]
U.S. Immigration Court: establish (see H.R. 4258) [27SE]
Conference reports
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Motions
National objectives: admission policies reform, treatment of
criminal aliens, alien smuggling, documentation requirements,
and border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Reports filed
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
IMMIGRATION AND NATIONALITY ACT
Bills and resolutions
Crime: penalties for fraud and related activity involving work
authorization documents relative to Social Security cards (see
H.R. 3724) [26JN]
Immigration: allow certain aliens to obtain nonimmigrant visitor's
visas (see H.R. 4210) [26SE]
------reassess Canadian boater landing permit requirements (see
H.R. 4165) [25SE]
IMMIGRATION AND NATURALIZATION SERVICE
related term(s) Department of Justice
Appointments
Conferees: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
Bills and resolutions
American Samoa: require U.S. nationals accepted in ROTC programs
to apply for citizenship (see H.R. 3327) [25AP]
Citizenship: promote the naturalization of eligible individuals
(see H.R. 3323) [25AP]
------standards for naturalization (see H.R. 4056, 4143) [11SE]
[24SE]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration (see H. Res. 384) [14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
[[Page 3080]]
------allow certain aliens to obtain nonimmigrant visitor's visas
(see H.R. 4210) [26SE]
------establish visa waiver pilot program for Korean nationals
traveling in tour groups (see H.R. 3962) [2AU]
------permanent exclusion for aliens removed from the U.S. as
illegal entrants or immigration violators (see H.R. 2898)
[25JA]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
Public welfare programs: modify laws relative to public assistance
and benefits for aliens (see H.R. 4335) [30SE]
States: assist Attorney General in deportation of illegal aliens
(see H.R. 3062) [12MR]
Conference reports
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Messages
Revised Deferral of Budgetary Resources: President Clinton [5MR]
Motions
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Reports filed
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
IMPORTS
see Foreign Trade
INCOME
related term(s) Economy; Pensions; Securities; Social Security
Appointments
Conferees: H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
Agriculture: assure payment for milk and livestock delivered to
milk processors, livestock dealers, or market agencies (see
H.R. 3762) [9JY]
------study of risk management fund accounts for farm owners and
operators (see H.R. 2905) [30JA]
AID: provide voluntary separation incentives to reduce employment
levels (see H.R. 3870) [23JY]
Armed Forces: revise payment of retired pay to former spouses of
retired members (see H.R. 3408) [7MY]
------treatment of Dept. of Defense separation pay relative to
Dept. of Veterans Affairs disability compensation (see H.R.
3521) [23MY]
BIA: establish pilot project to oversee issuance of bonds to
provide funding for construction of schools for Native
Americans (see H.R. 4151) [24SE]
Business and industry: ensure economic equity for women (see H.R.
3857) [18JY]
------establish a commission to study employment and economic
insecurity (see H.R. 3353) [30AP]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
California: distribution of certain revenues from the Mineral
Springs parcel to certain members of the Agua Caliente Band of
Cahuilla Indians (see H.R. 3804) [12JY]
Children and youth: establish child retirement accounts (see H.R.
4253) [27SE]
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Commission on Retirement Income Policy: establish (see H.R. 3077)
[13MR]
Contracts: limit Federal agency payments to contractors for the
compensation of any individual (see H.R. 3513) [22MY]
------require wages paid under a Federal contract be above local
poverty line (see H.R. 3229, 3463) [29MR] [15MY]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
Crime: protect proprietary economic information (see H.R. 3723)
[26JN]
Dept. of Defense: early deferred annuities for certain employees
who are separated from service due to defense base closures
(see H.R. 3279) [18AP]
------provide compensation to certain Vietnamese who were employed
during the Vietnamese Conflict (see H.R. 3668) [18JN]
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
District of Columbia: treatment of pension funds relative to
certain public employees (see H.R. 3389) [2MY]
Employment: determination of tip credits relative to State and
local government laws (see H.R. 4031) [5SE]
------disregard additional payments for calculation of overtime
compensation (see H.R. 3087) [14MR]
------enhance and protect retirement savings (see H.R. 4321)
[28SE]
------payment of wages to individuals who use employer-owned
vehicles (H.R. 1227), consideration (see H. Res. 440) [21MY]
------provide compensatory time for all employees (H.R. 2391),
consideration (see H. Res. 488) [24JY]
------provide for retirement savings and security (see H.R. 3520,
3708) [23MY] [25JN]
------provide limited overtime exemption for emergency medical
services personnel (see H.R. 3212) [29MR]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
Families and domestic relations: child support enforcement (see
H.R. 3529, 4341) [23MY] [3OC]
Farmers: provide greater planting flexibility (see H.R. 3900)
[25JY]
Federal employees: allow loans under the Thrift Savings Plan for
child adoption expenses (see H.R. 3129) [20MR]
------amend civil service laws (see H.R. 3841) [17JY]
------appeals process relative to workers' compensation claims
(see H.R. 3205) [29MR]
------continuance of work during Government shutdown (S. 1508),
return to Senate (see H. Res. 331) [4JA]
------extend health insurance and survivor annuity benefits to
certain former spouses (see H.R. 4153) [24SE]
------pension eligibility of former spouses who remarry (see H.R.
3574) [4JN]
------provide compensation for employees for performance of
emergency services during periods of lapsed appropriations
(see H.R. 2848) [4JA]
------provide interest-free loans to furloughed employees (see
H.R. 2842) [4JA]
------provide voluntary separation incentives to reduce employment
levels (see H.R. 3532) [23MY]
------reduce administrative costs and improve services relative to
relocation allowances (see H.R. 3637) [13JN]
------selection of certain physicians to provide medical opinions
relative to workers' compensation claims (see H.R. 3204)
[29MR]
------treatment of deferred annuities during time between
separation from Government service and when payments commence
(see H.R. 2978) [27FE]
------treatment of medical opinions relative to workers'
compensation claims (see H.R. 3203) [29MR]
------treatment of survivor annuities for children relative to
marriage (see H.R. 2858) [5JA]
Financial institutions: provide additional deposit insurance
coverage for accounts which reduce net fee income (see H.R.
3302) [23AP]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
------relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Law enforcement officers: compensation of officers in canine units
(see H.R. 2966) [16FE]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Medicaid: waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
Members of Congress: adjust pay relative to congressional
performance (see H.R. 3276) [18AP]
------deny Federal retirement annuities to Members convicted of
felonies (see H.R. 3310, 3447, 4011) [24AP] [10MY] [2AU]
------eliminate automatic salary adjustments (see H.R. 3956) [2AU]
------retirement eligibility (see H.R. 3887) [24JY]
Minimum wage: level (see H.R. 3265, 3383, 3481) [17AP] [1MY]
[16MY]
Pensions: prohibit certain transaction rules relative to 401(k)
pension plans (see H.R. 3688) [20JN]
------promote availability of private pensions (see H.R. 4005)
[2AU]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
------ensure States have sufficient funds to assure effectiveness
of work requirements of certain programs (see H.R. 3999) [2AU]
------reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA]
[22MY] [11JN] [27JN] [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
------reform (H.R. 3734), consideration (see H. Res. 482) [17JY]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 492, 495) [30JY] [31JY]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
------reform unemployment benefit system (see H.R. 3738) [27JN]
[[Page 3081]]
Railroad Retirement Board: prevent the canceling of annuities to
certain divorced spouses of workers whose widows elect to
receive lump sum payments (see H.R. 2942) [1FE]
Railroads: making continuing appropriations for railroad
retirement benefits (see H.J. Res. 156) [4JA]
Senior citizens: improvements relative to financial security (see
H.R. 3125) [20MR]
Small business: establish labor and tax provisions (see H.R. 4252)
[27SE]
Social Security: allow diversion of percentage of payroll tax
payments into personal investment plans (see H.R. 2953) [1FE]
------budget treatment of trust funds (see H.R. 2897) [25JA]
------determination of average annual earnings relative to child
care or home health care (see H.R. 3357) [30AP]
------establish and maintain individual investment accounts (see
H.R. 4215) [26SE]
------investment of trust funds surplus (see H.R. 2928) [1FE]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
------waive waiting period for disability benefits relative to
individuals with terminal illnesses (see H.R. 3899, 3932)
[25JY] [31JY]
Social Security Administration: develop plan with the IRS to
eliminate mismatching of earnings information (see H.R. 4274)
[28SE]
Taxation: allow individuals to designate a portion of their income
tax refunds to the Government for certain purposes (see H.R.
3218) [29MR]
------allow small businesses credit for family and medical leave
and for wages of employees who work at home to reduce child
care needs (see H.R. 3836) [17JY]
------application of low-income housing credit on housing units
assigned to certain single parents (see H.R. 3503) [22MY]
------apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
------child tax credits and deductions for taxpayers with whom a
parent or grandparent resides (see H.R. 3984) [2AU]
------clarify the reasonable cause exception from penalties for
failure to file returns or to pay taxes (see H.R. 3137) [21MR]
------constitutional amendment to abolish Federal income tax (see
H.J. Res. 176) [24AP]
------contribution limits for certain pension plans (see H.R.
3209) [29MR]
------deductibility of the old-age, survivors, and disability
insurance taxes paid by employees and self-employed
individuals (see H.R. 3427) [9MY]
------dependent care tax credit (see H.R. 4154) [24SE]
------employer credits for expenses of providing dependent care
services to employees (see H.R. 2985) [28FE]
------exclude long-term capital gains from gross income (see H.R.
2861) [5JA]
------exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------extend certain expiring provisions (see H.R. 2994) [29FE]
------incentives for endangered species conservation (see H.R.
3811) [12JY]
------increase child care credit and eliminate the exclusion of
certain income relative to foreign sales corporations (see
H.R. 3332) [25AP]
------increase contributions for defined pension plans (see H.R.
3965) [2AU]
------modify the application of pension nondiscrimination rules to
governmental plans (see H.R. 4099) [17SE]
------permit States to make advanced earned income credit payments
(see H.R. 4197) [26SE]
------reduce certain benefits allowable to profitable, large
corporations that make workforce reductions (see H.R. 3333)
[25AP]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------reform and rename the earned income tax credit (see H.R.
3441) [10MY]
------repeal income tax, abolish the IRS, and institute a national
retail sales tax (see H.R. 3039) [6MR]
------replace individual and corporate income taxes, Social
Security, and Medicare taxes with a value-added tax (see H.R.
4050) [11SE]
------require income tax instructions provide explanation of laws
relative to a balanced budget (see H.R. 2884) [25JA]
------treatment of adoption expenses (see H.R. 3286) [23AP]
------treatment of adoption expenses (H.R. 3286), consideration
(see H. Res. 428) [7MY]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of certain accounts involved in the acquisition of
gold, silver, platinum, or palladium bullion (see H.R. 3047)
[7MR]
------treatment of certain capital gains deposited in individual
retirement accounts (see H.R. 3550) [29MY]
------treatment of certain depreciable business assets (see H.R.
3124, 3329) [20MR] [25AP]
------treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
------treatment of charitable contributions (see H.R. 4238) [27SE]
------treatment of corporations (see H.R. 3102) [14MR]
------treatment of deferred compensation plans of State and local
governments (see H.R. 3316) [24AP]
------treatment of District of Columbia residents (see H.R. 4155)
[24SE]
------treatment of families and children (see H.R. 3943) [1AU]
------treatment of financial guaranty insurance (see H.R. 3703)
[24JN]
------treatment of frequent flyer mileage awards (see H.R. 3111)
[19MR]
------treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
------treatment of income relative to cash method of accounting
(see H.R. 3126) [20MR]
------treatment of individual retirement accounts (see H.R. 4311)
[28SE]
------treatment of interest on deficiencies attributable to
certain partnership items (see H.R. 4256) [27SE]
------treatment of investment tax credits (see H.R. 2983) [28FE]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
------treatment of sale and subsequent purchase of principal
residences (see H.R. 3035) [6MR]
------treatment of severance payments (see H.R. 2999) [29FE]
------treatment of small businesses (see H.R. 2911) [31JA]
------treatment of Social Security (see H.R. 2971) [23FE]
------treatment of State tuition programs (see H.R. 3842) [17JY]
------treatment of tax free corporate liquidations and receipt of
debt-financed property in such a liquidation (see H.R. 4243)
[27SE]
------treatment of tips (see H.R. 3667) [18JN]
------treatment of unearned income (see H.R. 3042) [7MR]
------use of income averaging for farmers (see H.R. 3783) [11JY]
------use of individual retirement accounts for post-secondary
education or job retraining expenses (see H.R. 4334) [30SE]
Thrift Charter Merger Commission: establish (see H.R. 3407) [7MY]
Unemployment: emergency compensation (see H.R. 4263) [27SE]
Veterans: eliminate double taxation of lump sum separation
benefits and compensation for a service-connected disability
(see H.R. 3183) [28MR]
------extend pay benefits to certain merchant mariners who served
during or immediately after World War II (see H.R. 3614)
[11JN]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
------payment of dependency and indemnity compensation to certain
former spouses of veterans dying from service-connected
disabilities (see H.R. 3542) [29MY]
------permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
Women: comprehensive pension protection (see H.R. 4204) [26SE]
------treatment of pensions relative to spouses and former spouses
(see H.R. 3510, 3511) [22MY]
Conference reports
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Small Business Job Protection Act (H.R. 3448) [1AU]
Messages
Retirement Savings and Security Act: President Clinton [23MY]
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Motions
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
Public welfare programs: reform (H.R. 3734) [18JY] [24JY]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Civil Service Law Amendments: Committee on Government Reform and
Oversight (House) (H.R. 3841) (H. Rept. 104-831) [24SE]
Clarify Exemption of Houseparents From Minimum Wage and Maximum
Hour Requirements: Committee on Economic and Educational
Opportunities (House) (H.R. 2531) (H. Rept. 104-592) [23MY]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 1227, Employee Commuting Flexibility Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 2391, Working Families Flexibility Act:
Committee on Rules (House) (H. Res. 488) (H. Rept. 104-704)
[24JY]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin
[[Page 3082]]
Works'' Welfare Reform Project: Committee on Rules (House) (H.
Res. 446) (H. Rept. 104-604) [5JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Employee Commuting Flexibility Act: Committee on Economic and
Educational Opportunities (House) (H.R. 1227) (H. Rept. 104-
585) [20MY]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Protect Proprietary Economic Information: Committee on the
Judiciary (House) (H.R. 3723) (H. Rept. 104-788) [16SE]
Provide Compensatory Time for All Employees: Committee on Economic
and Educational Opportunities (House) (H.R. 2391) (H. Rept.
104-670) [11JY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Safeguard Taxpayer Rights: Committee on Ways and Means (House)
(H.R. 2337) (H. Rept. 104-506) [28MR]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Tax Treatment of Military Income Derived From Services Performed
During a Contingency Operation: Committee on Ways and Means
(House) (H.R. 2778) (H. Rept. 104-465) [29FE]
INDEPENDENT AGENCIES
related term(s) Executive Departments
Appointments
Conferees: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Consolidated Farm Service Agency: provide grace period for lending
to delinquent borrowers (see H.R. 3236) [15AP]
Contracts: limit Federal agency payments to contractors for the
compensation of any individual (see H.R. 3513) [22MY]
Dept. of the Interior and related agencies: making appropriations
(see H.R. 3662) [18JN]
------making appropriations (H.R. 3662), consideration (see H.
Res. 455) [18JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 3756) [8JY]
------making appropriations (H.R. 3756), consideration (see H.
Res. 475) [11JY]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 3675) [19JN]
------making appropriations (H.R. 3675), consideration (see H.
Res. 460) [25JN]
------making appropriations (H.R. 3675), consideration of
conference report (see H. Res. 522) [17SE]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
------making appropriations (H.R. 3755), consideration (see H.
Res. 472) [9JY]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (see H.R. 3666) [18JN]
------making appropriations (H.R. 3666), consideration (see H.
Res. 456) [19JN]
Executive departments: enable agencies to design personnel systems
relative to their mission (see H.R. 3483) [16MY]
Federal employees: establish demonstration project to assess
feasibility of temporary placement of displaced workers in
other Federal or private employment (see H.R. 3649) [13JN]
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (see H.R. 3166)
[27MR]
------applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (H.R. 3166), concur
with Senate amendments (see H. Res. 535) [25SE]
------assure operations are free of racial, sexual, and ethnic
discrimination (see H.R. 3190) [28MR]
------establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061, 4319) [11SE] [28SE]
------improve debt-collection and credit evaluation practices (see
H.R. 3809) [12JY]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
------requirements for leasing of space by Federal agencies (see
H.R. 2904) [26JA]
Government regulations: require reasonable notice to businesses of
changes made to regulations imposed by Federal agencies (see
H.R. 3307) [24AP]
------term limits on regulatory agency members (see H.R. 3423)
[9MY]
Lobbyists: prohibit use of funds by Federal agencies to lobby for
or against any legislative proposal (see H.R. 3078) [13MR]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
OPM: delay privatization of the Office of Federal Investigation
(see H.R. 3189) [28MR]
Peace Corps: anniversary (see H.J. Res. 158) [31JA]
Permanent Performance Review Commission: establish (see H.R. 3982)
[2AU]
Small business: reform regulatory process (see H.R. 3798) [11JY]
------reform regulatory process (H.R. 994), consideration (see H.
Res. 368) [29FE]
------strengthen Federal contracting opportunities and assess
impact of contract bundling by Federal agencies (see H.R.
4313) [28SE]
U.S. Trade Administration: establish (see H.R. 4328) [28SE]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
Motions
Dept. of the Interior and related agencies: authorizing
appropriations (H.R. 1977), veto [4JA]
------making appropriations (H.R. 3662) [20JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675) [5SE]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666) [26JN] [11SE]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 522) (H. Rept. 104-803) [17SE]
Consideration of H.R. 994, Regulatory Sunset and Review Act:
Committee on Rules (House) (H. Res. 368) (H. Rept. 104-464)
[29FE]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Consideration of H.R. 3662, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
455) (H. Rept. 104-627) [18JN]
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations: Committee on
Rules (House) (H. Res. 456) (H. Rept. 104-630) [19JN]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
460) (H. Rept. 104-633) [25JN]
Consideration of H.R. 3755, Depts. of Labor, HHS, and Education,
and Related Agencies Appropriations: Committee on Rules
(House) (H. Res. 472) (H. Rept. 104-662) [9JY]
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 475) (H.
Rept. 104-671) [11JY]
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 3662) (H. Rept. 104-
625) [18JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 3756) (H. Rept. 104-660) [8JY]
Dept. of Transportation and Related Agencies Appropriations:
Committee of Conference (H.R. 3675) (H. Rept. 104-785) [16SE]
------Committee on Appropriations (House) (H.R. 3675) (H. Rept.
104-631) [19JN]
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations: Committee of Conference (H.R. 3666)
(H. Rept. 104-812) [20SE]
------Committee on Appropriations (House) (H.R. 3666) (H. Rept.
104-628) [18JN]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
[[Page 3083]]
INDIA, REPUBLIC OF
Bills and resolutions
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
Mother Teresa: confer honorary U.S. citizenship (see H.J. Res.
191) [10SE]
Reports filed
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
INDIAN CHILD WELFARE ACT
Bills and resolutions
Native Americans: exempt certain adoption and child custody
proceedings from coverage under the Indian Child Welfare Act
(see H.R. 3275) [18AP]
------exempt voluntary child custody proceedings from coverage
(see H.R. 3156) [22MR]
------regulations relative to certain adoption and child custody
proceedings (see H.R. 3828) [16JY]
Reports filed
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
INDIAN REORGANIZATION ACT
Bills and resolutions
Native Americans: revoke the Prairie Island Indian Community
charter of incorporation (see H.R. 3068) [12MR]
Reports filed
Prairie Island Indian Community Charter of Incorporation
Revocation: Committee on Resources (House) (H.R. 3068) (H.
Rept. 104-584) [20MY]
INDIANA
Bills and resolutions
Andrew Jacobs, Jr., U.S. Post Office Building, Indianapolis, IN:
designate (see H.R. 4223) [26SE]
INDIANAPOLIS, IN
Bills and resolutions
Andrew Jacobs, Jr., U.S. Post Office Building: designate (see H.R.
4223) [26SE]
INDIANS
see Native Americans
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
Bills and resolutions
Reauthorization (see H.R. 3268) [18AP]
Reports filed
Reauthorization: Committee on Economic and Educational
Opportunities (House) (H.R. 3268) (H. Rept. 104-614) [10JN]
INDUSTRIAL ARBITRATION
related term(s) Collective Bargaining; Labor Unions
Appointments
Conferees: H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions
Contracts: allow choice of arbitration as a means of settling
disputes (see H.R. 3422) [9MY]
Government: authorize alternative dispute resolution systems (see
H.R. 4194) [26SE]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
INFLATION
see Economy
INFORMATION SERVICES
Bills and resolutions
Children and youth: prohibit sale of personal information without
parental consent (see H.R. 3508) [22MY]
Committee on Information (Joint): establish (see H.R. 4280) [28SE]
Computers: provide parental control of child access to online
services (see H.R. 3089) [14MR]
------regulate use of personal information obtained by interactive
computer services (see H.R. 4113, 4299, 4326) [18SE] [28SE]
------transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
------use, sale, and export of encryption products for privacy and
security (see H.R. 3011) [5MR]
Congress: increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
Crime: nationwide tracking of convicted sexual predators (see H.R.
3456) [14MY]
------prohibit certain uses of computers in the furtherance of
crimes (see H.R. 4095) [17SE]
Dept. of Energy: extension of Electric and Magnetic Fields
Research and Public Information Dissemination Program (see
H.R. 4013) [2AU]
Freedom of Information Act: provide public access to information
in an electronic format (see H.R. 3802, 3885) [12JY] [24JY]
Gambling: transmission of wagering information (see H.R. 3526)
[23MY]
Government: provide safeguards for confidentiality of statistical
information (see H.R. 3924) [31JY]
Health care professionals: facilitate the dissemination to
physicians of scientific information on drug therapies and
medical devices (see H.R. 2932) [1FE]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
House Rules: provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
Law enforcement officers: establish a national clearinghouse to
assist in background checks of law enforcement applicants (see
H.R. 3263) [17AP]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
Public Health Service Act: provide inclusive information service
relative to certain diseases (see H.R. 4257) [27SE]
Social Security: prohibit certain misuses of account numbers (see
H.R. 3598) [6JN]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
Telecommunications: reform policies regulating competition (S.
652), consideration of conference report (see H. Res. 353)
[31JA]
USIA: provide computer access to multilingual text and voice
recordings of VOA transcripts (see H.R. 3916) [30JY]
Conference reports
Telecommunications Act (S. 652) [31JA]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
INGLIS, BOB (a Representative from South Carolina)
Bills and resolutions introduced by
Emergency Management Assistance Compact: congressional consent
(see H.J. Res. 193) [17SE]
INSECTICIDES
related term(s) Agriculture; Insects; Pesticides
Bills and resolutions
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
INSECTS
Bills and resolutions
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (see H. Res. 443) [29MY]
------reform antimicrobial pesticide registration (see H.R. 3338)
[25AP]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
Bills and resolutions
Board of Trustees: reform board appointment process (see H.R.
3049) [7MR]
Reports filed
Board of Trustees Appointment Process: Committee on Economic and
Educational Opportunities (House) (H.R. 3049) (H. Rept. 104-
505) [28MR]
INSURANCE
related term(s) Health
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
------H.R. 3103, Health Insurance Portability and Accountability
Act [11JN]
Bills and resolutions
Agriculture: coverage of native pasture crops for livestock under
the noninsured crop disaster assistance program (see H.R.
3575) [4JN]
Bipartisan Commission on the Future of Medicare: establish (see
H.R. 3881) [23JY]
Churches and synagogues: prohibit insurers from canceling or
refusing to renew fire insurance policies (see H.R. 3830)
[17JY]
Civil rights: protect personal privacy rights of customers and
claimants (see H.R. 3930) [31JY]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
Consumers: establish protection standards for the purchase of
long-term care insurance (see H.R. 3381) [1MY]
Courts: product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
Crime: prevent discrimination against victims of domestic violence
(see H.R. 3590) [5JN]
------prevention of fraud relative to provision of or receipt of
payment for health care services (see H.R. 2866) [23JA]
Dept. of Defense: allow military health care system beneficiaries
the option to enroll in Federal Employees Health Benefits
Program (see H.R. 3368, 3699) [30AP] [20JN]
------withdrawal of forces stationed in foreign countries that do
not assume costs and application of savings to the Federal
Hospital Insurance Trust Fund (see H.R. 2936) [1FE]
Dept. of HHS: application for waiver of certain AFDC and Medicaid
demonstration projects (see H.R. 3696) [20JN]
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
Dept. of Veterans Affairs: extend benefits to certain children of
Vietnam veterans born with spina bifida (see H.R. 3927) [31JY]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
------provide windstorm insurance to certain property owners and
require study relative to taxation of insurance reserves for
future natural disasters (see H.R. 4115) [19SE]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Employment: treatment of temporary and part-time workers (see H.R.
3682) [19JN]
ERISA: amend rules governing litigation relative to retiree health
benefits (see H.R. 4237) [27SE]
------extend continuation of coverage of certain retiree health
benefits (see H.R. 4162) [24SE]
Federal employees: extend health insurance and survivor annuity
benefits to certain former spouses (see H.R. 4153) [24SE]
Federal Employees Group Life Insurance Program: coverage of
certain judicial officials (see H.R. 3295) [23AP]
[[Page 3084]]
Federal Employees Health Benefits Program: coverage of
acupuncturist services (see H.R. 3292) [23AP]
Financial institutions: capitalize deposit insurance funds and
provide regulatory relief for insured depository institutions
and holding companies (see H.R. 3567) [4JN]
------guarantee deposits and certain liabilities and protect
against deposit insurance losses (see H.R. 4318) [28SE]
------prohibit removal of certain members of the National Credit
Union Administration Board and the Board of Directors of the
FDIC (see H.R. 3976) [2AU]
------provide additional deposit insurance coverage for accounts
which reduce net fee income (see H.R. 3302) [23AP]
Floods: participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Genetics: prohibit use of genetic information in determining
coverage or premiums (see H.R. 4008) [2AU]
Health: administration of drugs and devices to terminally ill
patients (see H.R. 3149) [21MR]
------application of antitrust laws to health care providers'
networks (see H.R. 2925, 3770) [1FE] [10JY]
------assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------establish a minimum amount that may be applied as an
aggregate lifetime limit relative to coverage under certain
health benefit plans (see H.R. 3030) [6MR]
------improve efforts to combat fraud and abuse in health care
programs (see H.R. 3224) [29MR]
------improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
------modify certain programs relative to minority women (see H.R.
3179) [27MR]
------national policy to provide health care and reform insurance
procedures (see H.R. 2893, 3013, 3063, 3070, 3103, 3130, 3160,
3185) [25JA] [5MR] [12MR] [18MR] [20MR] [26MR] [28MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care to children and
pregnant women (see H.R. 3787) [11JY]
------permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3582,
3958) [5JN] [2AU]
------prohibit certain clauses and programs in health care
insurance and employment contracts (see H.R. 3222) [29MR]
------prohibit certain clauses in health plans that indemnify the
insurer against liability (see H.R. 3695) [20JN]
------prohibit denial of coverage based on status as victim of
domestic violence (see H.R. 3145) [21MR]
------prohibit interference between health care providers and
their patients (see H.R. 2976) [27FE]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
------protection of patients' rights relative to medical care (see
H. Con. Res. 214) [12SE]
------provide information and protect patients' rights relative to
medical care (see H.R. 4315) [28SE]
------require health plans to provide coverage (see H.R. 4110,
4300) [18SE] [28SE]
------require health plans to provide coverage for a minimum
hospital stay for certain breast cancer treatments (see H.R.
4296) [28SE]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101, 3226, 3425, 3436) [14MR] [29MR] [9MY] [10MY]
------requirements relative to managed care plans (see H.R. 3751)
[27JN]
------treatment of prescription drugs (see H.R. 3991) [2AU]
Health care facilities: waiver of prior hospitalization
requirement for coverage of skilled nursing facility services
for certain individuals (see H.R. 4244) [27SE]
Health care professionals: exempt from liability for negligence
relative to services performed for low-income individuals (see
H.R. 2938) [1FE]
------prohibit use of financial incentives to encourage limiting
medical tests, services, and treatments (see H.R. 3694) [20JN]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Interstate Insurance Receivership Compact: congressional consent
(see H.J. Res. 189) [4SE]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
------reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
Medicaid: county-operated health insurance programs qualifications
and requirements (see H.R. 3056) [7MR]
------permit States to cover community-based attendant services
(see H.R. 4250) [27SE]
------preadmission screening and resident review requirements for
certain nursing facilities (see H.R. 3232, 3632) [15AP] [12JN]
------reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
------waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
------waiver of enrollment composition rule for the District of
Columbia Chartered Health Plan (see H.R. 3264) [17AP]
Medicare: access to medigap supplemental insurance for enrollees
in both traditional and managed care plans (see H.R. 3374)
[1MY]
------allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------assure access to services under the Medicare Health
Maintenance Organization Program (see H.R. 3079) [13MR]
------contract reform (see H.R. 3132) [20MR]
------coverage for home health services (see H.R. 4229) [27SE]
------coverage of acupuncturist services (see H.R. 3292) [23AP]
------coverage of certain antibiotics parenterally administered at
home (see H.R. 3262, 4248) [17AP] [27SE]
------coverage of outpatient parenteral antimicrobial therapy (see
H.R. 4190) [25SE]
------coverage of outpatient self-management training services and
blood-testing strips for persons with diabetes (see H.R. 4264)
[27SE]
------coverage of vancomycin home parenteral therapy (see H.R.
4189) [25SE]
------demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
------establish consumer protections for supplemental insurance
plans (see H.R. 4047) [11SE]
------extend community nursing organization demonstration projects
(see H.R. 3337) [25AP]
------extend period of applicability of enrollment mix requirement
for HMOs to Watts Health Foundation (see H.R. 2923) [31JA]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------permit geographic reclassification of hospitals relative to
payment adjustments (see H.R. 3942) [1AU]
------pharmaceutical care services (see H.R. 3757) [8JY]
------provide prospective payments for inpatient services relative
to rehabilitation hospitals and units (see H.R. 3856) [18JY]
------reduce part A enrollment premium for individuals not
receiving third party assistance (see H.R. 3591) [5JN]
------reduce payment for certain costs of acquiring organs for
transplant from organ procurement organizations (see H.R.
4022) [4SE]
------reform (see H.R. 3355) [30AP]
------study of payments for instances where certain inpatient
services are replaced by outpatient services (see H.R. 4191)
[25SE]
------treatment of certain practices relative to value units for
physicians' services (see H.R. 3859) [18JY]
------treatment of surveys of home health agencies and providers
(see H.R. 3004) [5MR]
------ultrasound equipment transportation costs (see H.R. 3555)
[30MY]
------waive enrollment composition rules for Wellness Plan (see
H.R. 4012) [2AU]
Medicare/Medicaid: provide orientation and medical profiles for
enrollees and require health plans to assure child
immunizations (see H.R. 4160) [24SE]
Mental health: national policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4045, 4058)
[10SE] [11SE]
National Commission on the Long-Term Solvency of the Medicare
Program: establish (see H.R. 3992) [2AU]
National Mental Health Parity Act: implementation (see H.R. 4135)
[24SE]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Pensions: prohibit certain transaction rules relative to 401(k)
pension plans (see H.R. 3688) [20JN]
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
Railroads: making continuing appropriations for railroad
retirement benefits (see H.J. Res. 156) [4JA]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
Small business: increase deductions for health insurance costs of
self-employed individuals (see H.R. 3330) [25AP]
Social Security: apply standards to outpatient physical therapy
relative to certain physician services (see H.R. 3426) [9MY]
------determination of average annual earnings relative to child
care or home health care (see H.R. 3357) [30AP]
------establish and maintain individual investment accounts (see
H.R. 4215) [26SE]
------exempt States from certain regulatory requirements relative
to electronic distribution of benefits (see H.R. 4089) [17SE]
------level of benefit payment in the month of the beneficiary's
death (see H.R. 3835, 4015) [17JY] [2AU]
------Medicare reimbursement to Military Health Services System
(see H.R. 3142, 3151, 4068) [21MR] [12SE]
------provide enrollment period for Medicare and medigap relative
to certain military retirees and dependents (see H.R. 4298)
[28SE]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
------submit Board of Trustees report to Congress on Federal
hospital insurance trust fund (see H. Con. Res. 169) [1MY]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
[[Page 3085]]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
------use of current level disability benefits for blind
individuals in certain earnings test disability determinations
(see H.R. 4091) [17SE]
------waive waiting period for disability benefits relative to
individuals with terminal illnesses (see H.R. 3899, 3932)
[25JY] [31JY]
Social Security Administration: extend demonstration projects (see
H.R. 4039) [10SE]
Taxation: credits for health insurance premiums of employees
without employer-provided health coverage (see H.R. 4176)
[25SE]
------exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------State establishment of health insurance systems for
temporarily unemployed individuals (see H.R. 3092) [14MR]
------treatment of financial guaranty insurance (see H.R. 3703)
[24JN]
------treatment of health coverage for certain workers who leave
employment (see H.R. 3342) [25AP]
------treatment of health insurance relative to health status of
individual (see H.R. 3043) [7MR]
------treatment of long-term health care insurance (see H.R. 3381)
[1MY]
Veterans: improve administration of life insurance programs (see
H.R. 2843) [4JA]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
------payment of dependency and indemnity compensation to certain
former spouses of veterans dying from service-connected
disabilities (see H.R. 3542) [29MY]
------reform and improve eligibility for medical care and services
(see H.R. 3118, 3119) [20MR]
Women: national policy to provide health care and reform insurance
procedures (see H.R. 3178) [27MR]
Conference reports
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Messages
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Reports filed
Application of Antitrust Laws to Health Care Providers' Networks:
Committee on the Judiciary (House) (H.R. 2925) (H. Rept. 104-
646) [27JN]
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Health Care Anti-Fraud Protections: Committee on Government Reform
and Oversight (House) (H. Rept. 104-747) [2AU]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
Medicaid Osteopathic Services: Committee on Commerce (House) (H.R.
1791) (H. Rept. 104-826) [24SE]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Medicaid Requirements and Qualifications Relative to County
Operated Health Insurance Programs: Committee on Commerce
(House) (H.R. 3056) (H. Rept. 104-751) [2AU]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
Medicare Enrollment Composition Rules for Wellness Plan: Committee
on Commerce (House) (H.R. 4012) (H. Rept. 104-845) [25SE]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
------Committee on Economic and Educational Opportunities (House)
(H.R. 995) (H. Rept. 104-498) [25MR]
Prohibit Interference Between Health Care Providers and Their
Patients: Committee of Conference (H.R. 2976) (H. Rept. 104-
865) [28SE]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
Social Security Administration Demonstration Projects Extension:
Committee on Ways and Means (House) (H.R. 4039) (H. Rept. 104-
786) [16SE]
INTELLECTUAL PROPERTY ASSEMBLY OF THE AMERICAS
Bills and resolutions
Establish (see H.R. 3808) [12JY]
INTELLIGENCE SERVICES
Appointments
Conferees: H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions
Appropriations: authorizing (see H.R. 3259) [17AP]
------authorizing (H.R. 3259), consideration (see H. Res. 437)
[16MY]
------authorizing (H.R. 3259), consideration of conference report
(see H. Res. 529) [24SE]
Budget: require separate, unclassified statements of the aggregate
amount of budget outlays for intelligence activities (see H.R.
3392) [6MY]
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
Forrestal Institute: establish (see H.R. 2993) [29FE]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
National objectives: reorganize and reform management of
intelligence community (see H.R. 3237) [15AP]
Conference reports
Intelligence Services Appropriations (H.R. 3259) [24SE]
Reports filed
Consideration of Conference Report on H.R. 3259, Intelligence
Services Appropriations: Committee on Rules (House) (H. Res.
529) (H. Rept. 104-830) [24SE]
Consideration of H.R. 3259, Intelligence Services Appropriations:
Committee on Rules (House) (H. Res. 437) (H. Rept. 104-581)
[16MY]
Intelligence Community Reorganization and Reform: Committee on
National Security (House) (H.R. 3237) (H. Rept. 104-620)
[23JY]
Intelligence Services Appropriations: Committee of Conference
(H.R. 3259) (H. Rept. 104-832) [24SE]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
INTERGOVERNMENTAL RELATIONS
Appointments
Advisory Commission on Intergovernmental Relations [15AP]
Reports filed
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
INTERJURISDICTIONAL FISHERIES ACT
Reports filed
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
INTERNAL REVENUE SERVICE
Appointments
National Commission on Restructuring the IRS [22MY]
Bills and resolutions
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
Families and domestic relations: child support enforcement (see
H.R. 3529) [23MY]
Filing deadlines: recognize qualified delivery services in
addition to the Postal Service for purposes of timely filing
of tax documents (see H.R. 3086) [14MR]
Government: improve debt-collection and credit evaluation
practices (see H.R. 3809) [12JY]
Social Security Administration: develop plan with the IRS to
eliminate mismatching of earnings information (see H.R. 4274)
[28SE]
Taxation: clarify the reasonable cause exception from penalties
for failure to file returns or to pay taxes (see H.R. 3137)
[21MR]
------repeal income tax, abolish the IRS, and institute a national
retail sales tax (see H.R. 3039) [6MR]
------treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
------treatment of income relative to cash method of accounting
(see H.R. 3126) [20MR]
------treatment of sale and subsequent purchase of principal
residences (see H.R. 3035) [6MR]
Reports filed
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Safeguard Taxpayer Rights: Committee on Ways and Means (House)
(H.R. 2337) (H. Rept. 104-506) [28MR]
INTERNATIONAL AGREEMENTS
see Treaties and Agreements
INTERNATIONAL DEVELOPMENT ASSOCIATION
Bills and resolutions
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
INTERNATIONAL DOLPHIN PROTECTION ACT
Bills and resolutions
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
INTERNATIONAL ECONOMIC RELATIONS
Bills and resolutions
Foreign trade: treatment of exports to countries identified as
state sponsors of terrorism (see H.R. 3109) [19MR]
[[Page 3086]]
INTERNATIONAL LAW
related term(s) Treaties and Agreements
Bills and resolutions
Foreign countries: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
------violations of arbitral obligations under international law
(see H.R. 2970) [23FE]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
Treaties and agreements: provide criminal penalties under the
Geneva Conventions for certain war crimes (see H.R. 3680)
[19JN]
Reports filed
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
INTERNATIONAL MONETARY SYSTEM
related term(s) World Bank
Bills and resolutions
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
INTERNATIONAL RED CROSS
Bills and resolutions
Non-Christian symbols: recognition (see H. Res. 464) [25JN]
INTERNATIONAL RELATIONS
related term(s) Foreign Policy
Appointments
Conferees: H.R. 1561, American Overseas Interests Act [28FE]
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
China, People's Republic of: human rights situation in Tibet (see
H. Res. 347) [25JA]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------oppose assistance by international financial institutions
(see H.R. 3577) [4JN]
China, Republic of: U.S. policy on regional stability and defense
(see H. Con. Res. 148) [7MR]
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Cuba: strengthen international economic sanctions and support
transition to democratically elected government (H.R. 927),
consideration of conference report (see H. Res. 370) [5MR]
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
Dept. of State: consolidate foreign affairs agencies (H.R. 1561),
consideration of conference report (see H. Res. 375) [7MR]
Development Fund for Africa: funding (see H.R. 3638) [13JN]
------reauthorize (see H.R. 3735) [27JN]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
------endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
------establish additional narcotics control certification
standards and reporting requirements for certain illicit drug
producing countries and drug-transit countries (see H.R. 3689)
[20JN]
------loan guarantees for Ireland and Northern Ireland (see H.R.
2844) [4JA]
------provide remedy for inadequate trade benefits to the U.S. and
restrictions on free emigration from other countries (see H.R.
4289) [28SE]
------strengthen protection of human rights (see H.R. 4036) [5SE]
------U.S. membership in regional South Pacific organizations (see
H. Con. Res. 189) [18JN]
Foreign trade: impose sanctions on foreign persons exporting
petroleum products, natural gas, or related technology to Iran
and Libya (see H.R. 3107) [19MR]
------treatment of exports to countries identified as state
sponsors of terrorism (see H.R. 3109) [19MR]
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
Holocaust: encourage efforts to reunite separated families (see H.
Con. Res. 215) [17SE]
Intelligence services: require separate, unclassified statements
of the aggregate amount of budget outlays for intelligence
activities (see H.R. 3392) [6MY]
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence Against Women: ratification (see H.
Con. Res. 182) [6JN]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
------return of or compensation for properties confiscated during
Nazi, Facist, or Communist occupation (see H. Con. Res. 228)
[27SE]
Korea, Democratic People's Republic of: infiltration of military
personnel into the Republic of Korea (see H. Con. Res. 224)
[27SE]
Kosovo: human rights violations (see H. Con. Res. 155) [27MR]
Lebanon: withdrawal of Syrian military (see H. Con. Res. 190)
[19JN]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Mexico: make foreign aid conditional to drug enforcement efforts
(see H.R. 2947; H.J. Res. 162) [1FE] [5MR]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
Moldova: removal of Russian Armed Forces (see H. Con. Res. 145)
[1FE]
NATO: membership of Central and East European countries (see H.R.
3564, 4096) [4JN] [17SE]
Pang, Martin: extradition from Brazil to the U.S. (see H. Con.
Res. 132) [5JA]
Religion: persecution of Christians (see H. Res. 515) [2AU]
Saudi Arabia: terrorist attack on U.S. peacekeeping forces (see H.
Con. Res. 200) [24JY]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
Terrorism: develop technologies to combat (see H.R. 3960) [2AU]
------improve U.S. ability to respond to terrorist threats (see
H.R. 3071) [12MR]
------U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Treaties and agreements: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
Turkey: conflict resolution between Government and Kurdish
militants (see H. Con. Res. 136) [25JA]
U.N.: authorize payment of U.S. arrearages and contributions for
U.N. peacekeeping activities (see H.R. 3609; H. Con. Res. 225)
[10JN] [27SE]
------prohibit U.S. contributions relative to U.N. attempts at
taxing or charging fees to U.S. citizens (see H.R. 2867)
[23JA]
------promote international security by redirecting military
spending to human development (see H.R. 4306) [28SE]
------support the election of a woman as Secretary General (see H.
Res. 543) [26SE]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------improve awareness, detection, and clearance of antipersonnel
landmines and explosive ordnance (see H.R. 3725) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
Conference reports
Cuban Liberty and Democratic Solidarity Act (H.R. 927) [4MR]
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Messages
Mongolian Emigration Laws and Policies: President Clinton [5SE]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
National Emergency Relative to Iran: President Clinton [12MR]
National Emergency Relative to Iraq: President Clinton [23JY]
National Emergency Relative to Lapse of Export Administration Act:
President Clinton [4JN]
National Emergency Relative to Libya: President Clinton [3JA]
National Endowment for Democracy: President Clinton [23FE]
Supplementary Social Security Agreement Between the U.S. and
Austria: President Clinton [20MY]
U.S. Participation in the U.N.: President Clinton [24JY]
Veto of H.R. 1561, American Overseas Interests Act: President
Clinton [15AP]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Consideration of Conference Report on H.R. 927, Cuban Liberty and
Democratic Solidarity Act: Committee on Rules (House) (H. Res.
370) (H. Rept. 104-470) [5MR]
Consideration of Conference Report on H.R. 1561, Foreign Affairs
Agencies' Consolidation: Committee on Rules (House) (H. Res.
375) (H. Rept. 104-476) [7MR]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Cuban Liberty and Democratic Solidarity Act: Committee of
Conference (H.R. 927) (H. Rept. 104-468) [4MR]
Foreign Affairs Agencies' Consolidation: Committee of Conference
(H.R. 1561) (H. Rept. 104-478) [8MR]
[[Page 3087]]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
INTERNATIONAL TRADE
Bills and resolutions
Foreign trade: authorize a trade agreement with Northern Ireland
and certain counties in Ireland (see H.R. 3599) [6JN]
------treatment of exports to countries identified as state
sponsors of terrorism (see H.R. 3109) [19MR]
FTC: authorizing appropriations (see H.R. 3553) [30MY]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
INTERNATIONAL TRADE ADMINISTRATION
Bills and resolutions
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 4109) [18SE]
INTERNATIONAL TRADE COMMISSION
Bills and resolutions
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
INTERPARLIAMENTARY CONFERENCES
Appointments
British-U.S. Interparliamentary Group [29MR] [7MY]
Canada-U.S. Interparliamentary Group [27MR] [8MY]
INTERSTATE COMMERCE
related term(s) Cargo Transportation
Bills and resolutions
Agriculture: allow interstate distribution of State-inspected meat
(see H.R. 3750) [27JN]
Computers: restrict transmission of obscene or indecent material
to minors by computer (see H.R. 3606) [10JN]
Dept. of Agriculture: provide diagnostic and certification
services to reduce diseases associated with salmonid family of
fish (see H.R. 2908) [31JA]
Firearms: entitle certain armored car crew members to lawfully
carry a weapon (see H.R. 3431) [9MY]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
Reports filed
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
INTERSTATE COMPACTS
Bills and resolutions
Emergency Management Assistance Compact: congressional consent
(see H.J. Res. 193) [17SE]
Interstate Insurance Receivership Compact: congressional consent
(see H.J. Res. 189) [4SE]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Northeast Interstate Dairy Compact: repeal consent of Congress
(see H.R. 3177, 4035) [27MR] [5SE]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
Reports filed
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Jennings Randolph Lake Management Between Maryland and West
Virginia: Committee on the Judiciary (House) (H.J. Res. 113)
(H. Rept. 104-706) [24JY]
INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT
Bills and resolutions
Enact (see H.R. 2980) [28FE]
Reports filed
Provisions: Committee on the Judiciary (House) (H.R. 2980) (H.
Rept. 104-557) [6MY]
INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT
Bills and resolutions
Enact (S. 534): consideration (see H. Res. 349) [30JA]
INVESTMENTS
related term(s) Securities
Appointments
Conferees: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions
Agriculture: study of risk management fund accounts for farm
owners and operators (see H.R. 2905) [30JA]
BIA: establish pilot project to oversee issuance of bonds to
provide funding for construction of schools for Native
Americans (see H.R. 4151) [24SE]
Commodity Exchange Act: amend rules relative to certain
transactions involving commodities markets (see H.R. 4276)
[28SE]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
Education: provide interest subsidies for construction and
renovation of schools (see H.R. 4309) [28SE]
------tuition prepayment plans that guarantee a college education
at a fixed price (see H. Res. 506) [1AU]
Employment: enhance and protect retirement savings (see H.R. 4321)
[28SE]
------provide for retirement savings and security (see H.R. 3520,
3708) [23MY] [25JN]
Federal employees: allow loans under the Thrift Savings Plan for
child adoption expenses (see H.R. 3129) [20MR]
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
------reform and modernize (see H.R. 3167) [27MR]
Financial institutions: capitalize deposit insurance funds and
provide regulatory relief for insured depository institutions
and holding companies (see H.R. 3567) [4JN]
------guarantee deposits and certain liabilities and protect
against deposit insurance losses (see H.R. 4318) [28SE]
------increase competition in the financial services sector and
merge commercial bank and savings association charters (see
H.R. 4182) [25SE]
------provide additional deposit insurance coverage for accounts
which reduce net fee income (see H.R. 3302) [23AP]
------provide investment opportunities for small bank holding
companies (see H.R. 2981) [28FE]
Foreign countries: private sector development enterprise funds
(see H.R. 3116) [19MR]
Foreign policy: authorize trade and investment policy relative to
sub-Saharan Africa (see H.R. 4198) [26SE]
FRS: clarify authority of Board of Governors relative to bank
holding company applications (see H.R. 3210) [29MR]
------use of surplus funds to cover Financing Corp. obligations
(see H.R. 3261) [17AP]
Government regulations: regulation and management of financial
markets (see H.R. 3005) [5MR]
House Rules: reform trust relationships (see H. Res. 477) [12JY]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
National parks and recreation areas: authorize entrance fees to
secure bonds for capital improvements (see H.R. 3788) [11JY]
Public utilities: revision of the regulatory policies governing
public utility holding companies (see H.R. 3601) [6JN]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Social Security: allow diversion of percentage of payroll tax
payments into personal investment plans (see H.R. 2953) [1FE]
------establish and maintain individual investment accounts (see
H.R. 4215) [26SE]
------investment of surplus from trust funds and protection from
public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 2928, 3098)
[1FE] [14MR]
Taxation: contribution limits for certain pension plans (see H.R.
3209) [29MR]
------credit for business investments in economically distressed
areas (see H.R. 2847) [4JA]
------exclude long-term capital gains from gross income (see H.R.
2861) [5JA]
------issuance of tax-exempt bonds to finance first-time farmers'
loans (see H.R. 3251) [16AP]
------permit penalty-free withdrawals from certain retirement
accounts by unemployed individuals (see H.R. 3807) [12JY]
------provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------repeal special limitations on tax-exempt bond issues (see
H.R. 2864) [23JA]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of certain accounts involved in the acquisition of
gold, silver, platinum, or palladium bullion (see H.R. 3047)
[7MR]
------treatment of certain capital gains deposited in individual
retirement accounts (see H.R. 3550) [29MY]
------treatment of certain depreciable business assets (see H.R.
3329) [25AP]
------treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
------treatment of individual retirement accounts (see H.R. 4311)
[28SE]
------treatment of investment tax credits (see H.R. 2983) [28FE]
------treatment of transitional payments under the Agricultural
Market Transition Act (see H.R. 3559) [30MY]
------use of individual retirement accounts for post-secondary
education or job retraining expenses (see H.R. 4334) [30SE]
Thrift Charter Merger Commission: establish (see H.R. 3407) [7MY]
Virgin Islands: temporary absence of executive officials and
priority payment of certain bonds and other obligations (see
H.R. 3634) [13JN]
Conference reports
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Reports filed
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
INYO COUNTY, CA
Bills and resolutions
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
[[Page 3088]]
Reports filed
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
IOWA
Bills and resolutions
Floods: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
IRAN, ISLAMIC REPUBLIC OF
Bills and resolutions
Committee on International Relations (House): funding for
investigation of U.S. role in Iranian arms transfer to Croatia
and Bosnia (see H. Res. 417) [29AP]
------investigate the U.S. role in Iranian arms transfer to
Croatia and Bosnia (see H. Res. 416) [29AP]
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Foreign trade: impose sanctions on foreign persons exporting
petroleum products, natural gas, or related technology to Iran
and Libya (see H.R. 3107) [19MR]
------most-favored-nation status relative to Iran, Iraq, Libya,
and Syria (see H.R. 3890) [24JY]
Messages
National Emergency Relative to Iran: President Clinton [12MR]
[16MY] [16SE]
Reports filed
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
IRAN AND LIBYA SANCTIONS ACT
Reports filed
Provisions: Committee on International Relations (House) (H.R.
3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
IRAQ, REPUBLIC OF
Bills and resolutions
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Foreign trade: most-favored-nation status relative to Iran, Iraq,
Libya, and Syria (see H.R. 3890) [24JY]
Human rights: anniversary of gas bomb attack against Kurds (see H.
Res. 379) [12MR]
Messages
National Emergency Relative to Iraq: President Clinton [13FE]
[23JY]
IRELAND, REPUBLIC OF
Bills and resolutions
Education: development of curriculum designed to educate students
about the Irish famine (see H. Con. Res. 226) [27SE]
Foreign policy: loan guarantees for Ireland and Northern Ireland
(see H.R. 2844) [4JA]
Foreign trade: authorize a trade agreement with Northern Ireland
and certain counties in Ireland (see H.R. 3599) [6JN]
International Fund for Ireland: require certain entities receiving
U.S. funds to comply with the MacBride Principles (see H.R.
3621) [12JN]
IRON AND STEEL INDUSTRY
Bills and resolutions
Tariff: certain iron and steel pipe and tube products (see H.R.
3255) [16AP]
IRRIGATION
Bills and resolutions
Agriculture: fair payment for use of Bureau of Reclamation water
(see H.R. 3917) [30JY]
Bureau of Reclamation: extend contracts for irrigation projects in
Nebraska and Kansas (see H.R. 3350) [30AP]
Chickasaw Basin Authority: technical assistance (see H.R. 3325)
[25AP]
Dept. of the Interior: transfer certain facilities of the Minidoka
Project to the Burley Irrigation District (see H.R. 4295)
[28SE]
Water: adjust the maximum hour exemption for water delivery
company employees (see H.R. 3326) [25AP]
Reports filed
Irrigation District Boundaries Within the Umatilla Basin, OR:
Committee on Resources (House) (H.R. 2392) (H. Rept. 104-860)
[28SE]
ISOCO, MI
Reports filed
Release of Reversionary Interest in Certain Iosco, MI, Lands Held
by the Federal Government: Committee on Agriculture (House)
(H.R. 2670) (H. Rept. 104-644) [27JN]
ISRAEL, STATE OF
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Bills and resolutions
Foreign trade: provide President with proclamation authority
relative to articles of West Bank or Gaza Strip (see H.R.
3074) [13MR]
Terrorism: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
Veterans: priority health care to individuals who served in Israel
or Turkey during the Persian Gulf Conflict (see H.R. 3418)
[8MY]
Messages
Israel Loan Guarantees: President Clinton [3JA]
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
Reports filed
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
ISTOOK, ERNEST J., JR. (a Representative from Oklahoma)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3610, Dept. of Defense appropriations [30JY]
ITALY, REPUBLIC OF
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
JACKSON, MS
Bills and resolutions
G.V. (Sonny) Montgomery VA Medical Center: designate (see H.R.
3253) [16AP]
JACKSON COUNTY, OR
Bills and resolutions
William L. Jess Dam and Intake Structure: designate (see H.R.
3875) [23JY]
JACKSON-LEE, SHEILA (a Representative from Texas)
Bills and resolutions introduced by
Appropriations: making continuing (see H.J. Res. 155) [3JA]
House Rules: question of privilege relative to public debt ceiling
(see H. Res. 354) [31JA]
National security: threat to U.S. citizens and Government posed by
armed militia and paramilitary groups (see H. Con. Res. 206)
[1AU]
Petroleum: gasoline tax (see H.R. 3420, 3457) [8MY] [15MY]
Motions offered by
Marriage: define and protect institution (H.R. 3396) [12JY]
JACOBS, ANDREW, JR. (a Representative from Indiana)
Appointments
Conferee: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
Bills and resolutions introduced by
Crime: reduce certain funds if eligible States do not enact
certain laws (see H.R. 3243) [15AP]
Liuzzo, Viola: tribute (see H. Res. 420) [1MY]
Medicare: liability waiver for home health agencies, hospice
programs, and skilled nursing facilities (see H.R. 3678)
[19JN]
Sports: use of instant replay for officiating in professional
sporting events (see H.R. 3096) [14MR]
JAILS
see Correctional Institutions
JAPAN
Bills and resolutions
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
Small business: provide legal redress for unfair trade practices
(see H.R. 3967) [2AU]
World War II: treatment of U.S. military and civilian POW's (see
H. Con. Res. 176) [10MY]
Messages
Agreement With Japan Relative to Whaling: President Clinton [13FE]
Reports filed
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
JAPANESE AMERICANS
Bills and resolutions
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
Reports filed
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
JEFFERSON, WILLIAM J. (a Representative from Louisiana)
Bills and resolutions introduced by
Sea Sister (vessel): certificate of documentation (see H.R. 3813)
[12JY]
JESS, WILLIAM L.
Bills and resolutions
William L. Jess Dam and Intake Structure: designate (see H.R.
3875) [23JY]
JEWS
Bills and resolutions
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
Fry, Varian: award Congressional Gold Medal (see H.R. 3352) [30AP]
Germany: expand criteria by which Holocaust survivors may qualify
for compensation (see H. Res. 501) [31JY]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
Poland: condemn construction of shopping center within
internationally protected zone around the Auschwitz death camp
(see H. Res. 398) [29MR]
Terrorism: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
Westchester County, NY: condemn anti-semitic vandalism (see H.
Con. Res. 231) [28SE]
Reports filed
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
JOB TRAINING PARTNERSHIP ACT
Bills and resolutions
Employment: ensure economic self-sufficiency for participants in
adult training programs (see H.R. 3616) [11JN]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
JOHNSON, EDDIE BERNICE (a Representative from Texas)
Bills and resolutions introduced by
NIH: expand programs to research osteoporosis and related bone
diseases (see H.R. 3331) [25AP]
JOHNSON, NANCY L. (a Representative from Connecticut)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
[[Page 3089]]
Bills and resolutions introduced by
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Committee on Standards of Official Conduct (House): authorizing
expenditures (see H. Res. 377) [7MR]
Construction industries: use of inspectors that meet standards
established by the Dept. of Labor (see H.R. 3216) [29MR]
Families and domestic relations: child support enforcement (see
H.R. 3465) [15MY]
Health: permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3958)
[2AU]
Medicare: coverage for home health services (see H.R. 4229) [27SE]
------demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
------establish consumer protections for supplemental insurance
plans (see H.R. 4047) [11SE]
Postal Service: require envelopes and warning labels for mail
depicting violent or sexually-explicit acts (see H.R. 3097)
[14MR]
Real estate: tax credit for transfer of certain property for
conservation purposes (see H.R. 4201) [26SE]
Roads and highways: funding for roads classified as local or rural
minor collectors (see H.R. 3165) [26MR]
Tariff: lead fuel test assemblies (see H.R. 3499) [21MY]
Taxation: allow credit for cleanup of contaminated industrial
sites (see H.R. 4200) [26SE]
------establish intercity passenger rail service trust fund (see
H.R. 4106) [18SE]
------extend certain expiring provisions (see H.R. 2994) [29FE]
------treatment of health insurance relative to health status of
individual (see H.R. 3043) [7MR]
Women: assist the development of small business concerns owned and
controlled by women (see H.R. 4071) [12SE]
JOHNSON, SAM (a Representative from Texas)
Bills and resolutions introduced by
Taxation: constitutional amendment to abolish Federal income tax
(see H.J. Res. 176) [24AP]
JOHNSON, TIM (a Representative from South Dakota)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Agriculture: improve reporting and ensure competitiveness in the
livestock industry (see H.R. 3794) [11JY]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
BIA: establish pilot project to oversee issuance of bonds to
provide funding for construction of schools for Native
Americans (see H.R. 4151) [24SE]
Education: Impact Aid Program reform (see H.R. 2886) [25JA]
Fall River County, SD: construction of rural water system (see
H.R. 3985) [2AU]
Foreign trade: prohibit meat product imports from the European
Union (see H.R. 3050) [7MR]
Fund for Rural America: develop and promote precision agriculture
technologies (see H.R. 4305) [28SE]
Gambling: transmission of wagering information (see H.R. 3526)
[23MY]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Perkins County, SD: construction of rural water system (see H.R.
3986) [2AU]
Prescription Drug Price Review Board: establish (see H.R. 3691)
[20JN]
Public lands: collection of fossils (see H.R. 2943) [1FE]
------provide that certain tribal lands held in trust be defined
as entitlement land (see H.R. 4202) [26SE]
Railroad Retirement Board: prevent the canceling of annuities to
certain divorced spouses of workers whose widows elect to
receive lump sum payments (see H.R. 2942) [1FE]
Taxation: treatment of certain agricultural equipment (see H.R.
2887) [25JA]
Transportation: requirements relative to operators of certain farm
vehicles (see H.R. 3356) [30AP]
JOHNSON CITY, TN
Bills and resolutions
James H. Quillen VA Medical Center: designate (see H.R. 3320)
[25AP]
JOHNSTON, HARRY (a Representative from Florida)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Bills and resolutions introduced by
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
Law enforcement officers: establish a national clearinghouse to
assist in background checks of law enforcement applicants (see
H.R. 3263) [17AP]
JOINT CHIEFS OF STAFF
see Department of Defense
JOINT COMMITTEES
see Committee on Economics (Joint); Committee on Taxation (Joint)
JONES, WALTER B., JR. (a Representative from North Carolina)
Bills and resolutions introduced by
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
Tariff: pharmaceutical-grade phospholipids (see H.R. 4273) [27SE]
Wetlands: promote restoration, conservation, and enhancement
through establishment of a mitigation banking program (see
H.R. 3692) [20JN]
Wright, Orville and Wilbur: mint coins in commemoration of
centennial anniversary of first manned flight (see H.R. 4203)
[26SE]
JUDICIAL CONFERENCE OF THE U.S.
Reports filed
Clarify Rules Governing Court Venues: Committee on the Judiciary
(House) (S. 677) (H. Rept. 104-800) [17SE]
JUDICIARY
see Courts; Supreme Court
JUICE FARMS, INC.
Bills and resolutions
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
Bills and resolutions
Appropriations: authorizing (see H.R. 3876) [23JY]
Crime: identify violent and hard-core juvenile offenders and treat
them as adults (see H.R. 3494) [20MY]
Reports filed
Appropriations: Committee on Economic and Educational
Opportunities (House) (H.R. 3876) (H. Rept. 104-783) [12SE]
KANJORSKI, PAUL E. (a Representative from Pennsylvania)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Bills and resolutions introduced by
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
KANSAS
Bills and resolutions
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
Nicodemus National Historic Site: establish (see H.R. 3256) [16AP]
Tallgrass Prairie National Preserve: establish (see H.R. 4043)
[10SE]
KAPTUR, MARCY (a Representative from Ohio)
Appointments
Conferee: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
Emergency Commission To End the Trade Deficit: establish (see H.R.
3987) [2AU]
NAFTA: extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
Ohio: designate Fallen Timbers Battlefield, Fort Meigs, and Fort
Miamis as national historic sites (see H.R. 4174) [25SE]
KARMA (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3133) [20MR]
KASICH, JOHN R. (a Representative from Ohio)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------setting forth the Federal budget for 1997-2002 (see H. Con.
Res. 178) [14MY]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134), transmission procedures relative to balanced budget
submission (see H. Con. Res. 131) [5JA]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public welfare programs: reform (see H.R. 3734, 3829) [27JN]
[17JY]
Sunbury, OH: designate as Flagville, U.S.A. (see H.J. Res. 185)
[18JY]
Transportation: transfer authority over highway programs and mass
transit programs to States (see H.R. 3840) [17JY]
Conference reports
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (H.R. 3230) [30JY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Reports filed
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on the Budget (House) (H.R. 842) (H. Rept. 104-499)
[29MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Setting Forth the Federal Budget for 1997-2002: Committee of
Conference (H. Con. Res. 178) (H. Rept. 104-612) [7JN]
------Committee on the Budget (House) (H. Con. Res. 178) (H. Rept.
104-575) [14MY]
KELLY, SUE W. (a Representative from New York)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Dept. of Veterans Affairs: revise ranking process of applicants
and limit awards to States for certain construction grants
(see H.R. 3722) [26JN]
Firearms: mandatory minimum penalties for use during commission of
a Federal crime (see H.R. 3988) [2AU]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Taxation: treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
KENAI NATIVES ASSOCIATION
Reports filed
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Resources (House) (H.R. 401) (H.
Rept. 104-756) [4SE]
KENNEDY, JOSEPH P., II (a Representative from Massachusetts)
Appointments
Conferee: S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Alcoholic beverages: eliminate Federal subsidies for advertising
abroad (see H.R. 3472) [16MY]
[[Page 3090]]
------establish advertising requirements (see H.R. 3473) [16MY]
------prohibit advertising of distilled spirits on radio and
television (see H.R. 3644) [13JN]
------require Dept. of HHS reports on alcohol advertising
practices (see H.R. 3475) [16MY]
------require health warnings on advertisements (see H.R. 3474)
[16MY]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3051) [7MR]
CERCLA: eligibility for Federal assistance relative to development
of brownfield sites (see H.R. 3746) [27JN]
Colleges and universities: provide incentives to develop alcohol
abuse prevention programs (see H.R. 3476) [16MY]
Foreign trade: prevent use of child labor for soccer ball
manufacturing (see H.R. 4307) [28SE]
Health: establish a comprehensive program relative to alcohol and
alcohol abuse (see H.R. 3479) [16MY]
------limitations on disclosure and use of genetic information
(see H.R. 3477) [16MY]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Pornography: amend laws relative to child pornography (see H.R.
4123, 4331) [19SE] [30SE]
States: provide Federal grants for drug testing projects (see H.R.
3778) [10JY]
Taxation: treatment of advertising expenses for alcoholic
beverages (see H.R. 3478) [16MY]
Television: establish toll-free number for comments relative to
the broadcasting of violent programming (see H.R. 2964) [9FE]
U.N.: promote international security by redirecting military
spending to human development (see H.R. 4306) [28SE]
Motions offered by
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
KENNEDY, PATRICK J. (a Representative from Rhode Island)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
Electric power: establish a commission to minimize the
environmental impacts associated with electric utility
restructuring (see H.R. 3172) [27MR]
Ships and vessels: ensure safety of towing vessels (see H.R. 2916)
[31JA]
KENNELLY, BARBARA B. (a Representative from Connecticut)
Appointments
British-U.S. Interparliamentary Group [7MY]
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions introduced by
Committees of the House: minority party appointments (see H. Res.
523) [17SE]
Jackson, Representative: election to the Committee on Banking and
Financial Services (House) (see H. Res. 337) [5JA]
Medicare: screening mammography (see H.R. 3052) [7MR]
Public debt: ceiling (see H.R. 2862) [22JA]
Taxation: treatment of frequent flyer mileage awards (see H.R.
3111) [19MR]
Women: comprehensive pension protection (see H.R. 4204) [26SE]
KENTUCKY
Bills and resolutions
FERC: extension of deadline for construction of hydroelectric
project in Kentucky (see H.R. 2869) [23JA]
Reports filed
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky: Committee on Commerce (House) (H.R. 2501)
(H. Rept. 104-507) [28MR]
------Committee on Commerce (House) (H.R. 2869) (H. Rept. 104-512)
[28MR]
KENYA, REPUBLIC OF
Bills and resolutions
Foreign policy: human rights and political situation (see H. Con.
Res. 135) [25JA]
KETCHIKAN PULP CORP.
Bills and resolutions
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
KILDEE, DALE E. (a Representative from Michigan)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
KIM, JAY (a Representative from California)
Bills and resolutions introduced by
Korea, Democratic People's Republic of: infiltration of military
personnel into the Republic of Korea (see H. Con. Res. 224)
[27SE]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527) [23MY]
KING, PETER T. (a Representative from New York)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Barry, John: recognize as first flag officer of the U.S. Navy (see
H.J. Res. 196) [26SE]
Cagney, James: award Congressional Gold Medal (see H.R. 3765)
[9JY]
Employment: standards for airport security personnel (see H.R.
4205) [26SE]
Religion: protect sanctity of religious communications (see H.R.
3571) [4JN]
KINGSTON, JACK (a Representative from Georgia)
Appointments
Conferee: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3845, District of Columbia appropriations [26JY]
KITTY HAWK, NC
Bills and resolutions
Wright, Orville and Wilbur: mint coins in commemoration of
centennial anniversary of first manned flight (see H.R. 4203)
[26SE]
KLECZKA, GERALD D. (a Representative from Wisconsin)
Bills and resolutions introduced by
Appropriations: establish automatic continuing appropriations (see
H.R. 2965) [13FE]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Health: assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3425) [9MY]
Medicaid: waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
Social Security: prohibit certain misuses of account numbers (see
H.R. 3598) [6JN]
Taxation: treatment of recreational fitness services and
facilities in certain hospitals (see H.R. 3801) [12JY]
KLINGHOFFER, LEON
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
KLINK, RON (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Dept. of HUD: notify local government about proposed assisted
multifamily housing projects (see H.R. 4064) [12SE]
Education: improve quality of technical education in manufacturing
and vocational technologies (see H.R. 3191) [28MR]
States: improve adoption process (see H.R. 4255) [27SE]
Taxation: apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
World War II: tribute to people of Crete for heroic endeavor and
sacrifice (see H. Res. 441) [23MY]
KLUG, SCOTT L. (a Representative from Wisconsin)
Bills and resolutions introduced by
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
National Environmental Education Act: extend programs (see H.R.
3645) [13JN]
Social Security: apply standards to outpatient physical therapy
relative to certain physician services (see H.R. 3426) [9MY]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
KNIKATNU, INC.
Reports filed
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
KNOLLENBERG, JOE (a Representative from Michigan)
Appointments
Conferee: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
KOLBE, JIM (a Representative from Arizona)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
National parks and recreation areas: authorize entrance fees to
secure bonds for capital improvements (see H.R. 3788) [11JY]
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF
Bills and resolutions
International relations: infiltration of military personnel into
the Republic of Korea (see H. Con. Res. 224) [27SE]
Korea, Republic of: infiltration of military personnel (see H.
Con. Res. 224) [27SE]
KOREA, REPUBLIC OF
Bills and resolutions
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
Immigration: establish visa waiver pilot program for Korean
nationals traveling in tour groups (see H.R. 3962) [2AU]
Korea, Democratic People's Republic of: infiltration of military
personnel into the Republic of Korea (see H. Con. Res. 224)
[27SE]
KOREAN WAR
related term(s) War
Bills and resolutions
Coins: mint in commemoration of Puerto Ricans who served in the
65th Infantry Regiment (see H.R. 3228) [29MR]
Veterans: tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
[[Page 3091]]
LABELING
related term(s) Product Safety
Bills and resolutions
Alcoholic beverages: require ingredient labeling for malt
beverages, wine, and distilled spirits (see H.R. 3115) [19MR]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Water: labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
LABOR
see Employment
LABOR UNIONS
related term(s) Collective Bargaining; Industrial Arbitration
Bills and resolutions
Business and industry: prohibit employment discrimination relative
to participation in labor organization activities (see H.R.
3763) [9JY]
------require employers to notify workers of reductions in
business operations (see H.R. 3369) [30AP]
Collective bargaining: permit additional remedies in certain
unfair labor practice cases (see H.R. 3764) [9JY]
Congressional Office of Compliance: approval of final regulations
relative to employing offices of the House of Representatives
(see H. Res. 400, 504; H. Con. Res. 207) [15AP] [1AU]
Contracts: allow choice of arbitration as a means of settling
disputes (see H.R. 3422) [9MY]
Dues: ensure that employees paying mandatory dues may object to
the use of their dues for noncollective-bargaining activities
(see H.R. 3580) [5JN]
Employment: protect employer rights (see H.R. 3211) [29MR]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
NLRB: resolution of unfair labor practice complaints in a timely
manner (see H.R. 4247) [27SE]
Political campaigns: prohibit use of labor organization dues and
fees for political activities (see H.R. 3683) [19JN]
Small business: establish labor and tax provisions (see H.R. 4252)
[27SE]
Messages
Federal Labor Relations Authority Report: President Clinton [27SE]
Veto of H.R. 743, Teamwork for Employees and Managers Act:
President Clinton [30JY]
Motions
Employees: allow members of employee associations to represent
their views before the Government (H.R. 782) [1AU]
LaFALCE, JOHN J. (a Representative from New York)
Bills and resolutions introduced by
Canada: limit imports of wool apparel (see H.R. 4338) [1OC]
Consumer Credit Protection Act: amend consumer lease provisions
(see H.R. 3515) [22MY]
Credit: prohibit extensions relative to gambling (see H.R. 4337)
[1OC]
SBA: increase fees for participants in certain financial
assistance programs (see H.R. 3989) [2AU]
------reauthorize women's business training program (see H.R.
3990) [2AU]
LaHOOD, RAY (a Representative from Illinois)
Bills and resolutions introduced by
Motor vehicles: remove limitations on maximum driving and on-duty
time of utility vehicle operators and drivers (see H.R. 3480)
[16MY]
Tariff: wheat gluten (see H.R. 4053) [11SE]
LAKES
Bills and resolutions
Boundary Waters Canoe Area Wilderness: improve access and use (see
H.R. 3297) [23AP]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
Sleeping Bear Dunes National Lakeshore: permit certain persons to
continue to use and occupy certain areas (see H.R. 3970, 4023)
[2AU] [4SE]
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
U.S. Fish and Wildlife Service: implementation of Great Lakes
Fishery Restoration Study Report (see H.R. 4028) [5SE]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Reports filed
Jennings Randolph Lake Management Between Maryland and West
Virginia: Committee on the Judiciary (House) (H.J. Res. 113)
(H. Rept. 104-706) [24JY]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
LAND DISPOSAL PROGRAM FLEXIBILITY ACT
Reports filed
Provisions: Committee on Commerce (House) (H.R. 2036) (H. Rept.
104-454) [30JA]
LAND USE
Bills and resolutions
Advisory Council on Historic Preservation: reauthorize (see H.R.
3031) [6MR]
Bureau of Reclamation: settlement with Oroville-Tonasket
Irrigation District (see H.R. 3777) [10JY]
California: pilot project in the Plumas, Lassen, and Tahoe
National Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
Dept. of Agriculture: extend contracts under the Conservation
Reserve Program (see H.R. 4336) [1OC]
------provide for maintenance of concrete dams and weirs located
in the Emigrant Wilderness area (see H.R. 3886) [24JY]
Federal employees: improve housing of land management agency field
employees (see H.R. 2941) [1FE]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Hinsdale, CO: land exchange (see H.R. 4213) [26SE]
Nevada: disposal and acquisition of certain lands (see H.R. 3127)
[20MR]
New Mexico: land conveyance to Carlsbad Irrigation District (see
H.R. 3258) [17AP]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Real estate: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
Reclamation: treatment of Federal and non-Federal projects (see
H.R. 3041) [7MR]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Wetlands: promote restoration, conservation, and enhancement
through establishment of a mitigation banking program (see
H.R. 3692) [20JN]
William L. Jess Dam and Intake Structure, Jackson County, OR:
designate (see H.R. 3875) [23JY]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Housing of Federal Land Management Agency Field Employees:
Committee on Resources (House) (H.R. 2941) (H. Rept. 104-802)
[17SE]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Resources (House) (H.R. 401) (H.
Rept. 104-756) [4SE]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys: Committee on Resources (House)
(H.R. 2135) (H. Rept. 104-755) [4SE]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
Snowbasin Ski Area, UT, Land Exchange: Committee on Resources
(House) (H.R. 2824) (H. Rept. 104-493) [25MR]
LANGUAGES
Bills and resolutions
English language: declare as official language of U.S. (see H.R.
3850, 3898) [18JY] [25JY]
------declare as official language of U.S. (H.R. 123),
consideration (see H. Res. 499) [31JY]
Motions
English language: declare as official language of U.S. (H.R. 123)
[1AU]
Reports filed
Consideration of H.R. 123, English Language Empowerment Act:
Committee on Rules (House) (H. Res. 499) (H. Rept. 104-734)
[31JY]
Eliminate Bilingual Voting Requirements: Committee on the
Judiciary (House) (H.R. 351) (H. Rept. 104-728) [31JY]
English Language Empowerment Act: Committee on Economic and
Educational Opportunities (House) (H.R. 123) (H. Rept. 104-
723) [30JY]
LANTOS, TOM (a Representative from California)
Appointments
British-U.S. Interparliamentary Group [7MY]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
Bills and resolutions introduced by
Elections: constitutional amendment relative to expenditure of
money to elect public officials (see H.J. Res. 171) [29MR]
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Foreign aid: prohibit U.S. assistance to countries providing
landing rights to Libyan aircraft (see H.R. 4332) [30SE]
Safety: implement nonanimal acute toxicity testing for evaluation
of consumer products (see H.R. 3173) [27MR]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Treaties and agreements: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
Veterans: extend pay benefits to certain merchant mariners who
served during or immediately after World War II (see H.R.
3614) [11JN]
LATHAM, TOM (a Representative from Iowa)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
LaTOURETTE, STEVE C. (a Representative from Ohio)
Bills and resolutions introduced by
Carl B. Stokes U.S. Courthouse, Cleveland, OH: designate (see H.R.
4133) [24SE]
GAO: reform (see H.R. 3864) [22JY]
Petroleum: transfer gasoline tax revenues to transportation trust
funds (see H.R. 3384) [1MY]
Taxation: allow individuals to designate a portion of their income
tax refunds to be retained for certain purposes (see H.R.
3218) [29MR]
U.S. Fish and Wildlife Service: implementation of Great Lakes
Fishery Restoration Study Report (see H.R. 4028) [5SE]
Veterans: authorize the Pyramid of Remembrance Foundation to
establish a memorial dedicated to soldiers who have died in
foreign conflicts (see H.R. 3442) [10MY]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
[[Page 3092]]
LATVIA, REPUBLIC OF
Bills and resolutions
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
LAUGHLIN, GREG (a Representative from Texas)
Bills and resolutions introduced by
Dept. of the Interior: transfer Palmetto Bend Project (see H.R.
3822) [16JY]
Tariff: liquidation or reliquidation of certain entries (see H.R.
3823) [16JY]
Taxation: treatment of interest on deficiencies attributable to
certain partnership items (see H.R. 4256) [27SE]
LAW ENFORCEMENT
Appointments
Conferees: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
National Commission on the Advancement of Federal Law Enforcement
[23JY]
Bills and resolutions
Business and industry: provide unemployment insurance and leave
time to battered women (see H.R. 3837) [17JY]
Capitol Building and Grounds: authorizing use of Grounds for
National Peace Officers' Memorial Service (see H. Con. Res.
147) [5MR]
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
Courts: prevent retaliation and tampering of witnesses and jury
members (see H.R. 3120) [20MR]
------prevent retaliation and tampering of witnesses and jury
members (H.R. 3120), consideration (see H. Res. 422) [2MY]
------provide witnesses with access to legal counsel during grand
jury testimony (see H.R. 4193) [26SE]
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
------constitutional amendment on protection of victims' rights
(see H.J. Res. 173, 174) [22AP]
------death penalty sentencing for certain importations of
significant quantities of controlled substances (see H.R.
4170) [25SE]
------encourage cooperation between law enforcement agencies and
private sector security professionals (see H.R. 2996) [29FE]
------establish toll-free telephone number for the reporting of
stolen and abandoned motor vehicles (see H.R. 4286) [28SE]
------extend certain statutes of limitation (see H.R. 4342) [3OC]
------Federal penalties for carjacking (see H.R. 3676) [19JN]
------national policy to control crime and reform court procedures
(see H.R. 2992) [29FE]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565, 3698) [4JN] [20JN]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------require opening of campus security crime logs at
institutions of higher education (see H. Res. 470) [27JN]
Death and dying: report deaths of persons in custody (see H.R.
3242) [15AP]
Dept. of Defense: assist the procurement of law enforcement
equipment for counterdrug activities by State and local
governments (see H.R. 2931) [1FE]
Education: State funding for drug and violence prevention programs
(see H.R. 4016) [2AU]
Employment: overtime requirements of certain law enforcement
employees working at police training facilities (see H.R.
4172) [25SE]
Families and domestic relations: child support enforcement (see
H.R. 3362, 3453, 3465) [30AP] [14MY] [15MY]
------payment of settlements to individuals relative to child
support and alimony obligations (see H.R. 3895) [25JY]
Federal courts: improve operation and administration (see H.R.
4314) [28SE]
Firearms: ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
Foreign policy: establish additional narcotics control
certification standards and reporting requirements for certain
illicit drug producing countries and drug-transit countries
(see H.R. 3689) [20JN]
Foreign trade: imposition of trade sanctions on countries which
threaten the U.S. policy on the reduction and interdiction of
illicit drugs (see H.R. 3023) [6MR]
Government: transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202), consideration (see H. Res. 384)
[14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
Law enforcement officers: compensation of officers in canine units
(see H.R. 2966) [16FE]
------ensure benefits for chaplains killed in the line of duty
(see H.R. 3647) [13JN]
------establish a national resource center and clearinghouse
relative to missing or exploited children (see H.R. 3238)
[15AP]
------funding for the hiring of personnel who perform
nonadministrative services (see H.R. 2922) [31JA]
------issue postage stamp in commemoration of officers killed in
the line of duty (see H. Con. Res. 210) [2AU]
------provide educational assistance to dependents of Federal
officials killed or disabled in the line of duty (see H.R.
4111) [18SE]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947; H.J. Res. 162) [1FE] [5MR]
------safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
National Center for Rural Law Enforcement: establish (see H.R.
4140) [24SE]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Public welfare programs: reform relative to domestic violence (see
H. Con. Res. 195) [27JN]
States: establish registration, tracking, and community
notification procedures relative to convicted sex offenders
(see H. Con. Res. 196) [10JY]
Telephones: prohibit providers of cellular and other mobile radio
services from blocking access to 911 emergency services (see
H.R. 3181) [28MR]
Terrorism: improve U.S. ability to respond to terrorist threats
(see H.R. 3071, 3409) [12MR] [7MY]
------improve U.S. ability to respond to terrorist threats (H.R.
2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
------U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Messages
National Drug Control Strategy: President Clinton [29AP]
Motions
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [13MR] [14MR]
------improve U.S. ability to respond to terrorist threats (S.
735) [14MR]
Reports filed
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Carjacking Correction Act: Committee on the Judiciary (House)
(H.R. 3676) (H. Rept. 104-787) [16SE]
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR]
------Committee on Rules (House) (H. Res. 380) (H. Rept. 104-480)
[12MR]
Consideration of H.R. 3120, Witness and Jury Retaliation and
Tampering Prevention: Committee on Rules (House) (H. Res. 422)
(H. Rept. 104-553) [2MY]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
Investigation of Federal Law Enforcement Agencies Relative to
Branch Davidians: Committee on Government Reform and Oversight
(House) (H. Rept. 104-749) [2AU]
Opening of Campus Security Crime Logs at Institutions of Higher
Education: Committee on Economic and Educational Opportunities
(House) (H. Res. 470) (H. Rept. 104-776) [5SE]
Release of Relevant Information on Violent Sex Offenders:
Committee on the Judiciary (House) (H.R. 2137) (H. Rept. 104-
555) [6MY]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
[[Page 3093]]
Use of Capitol Grounds for National Peace Officers' Memorial
Service: Committee on Transportation and Infrastructure
(House) (H. Con. Res. 147) (H. Rept. 104-488) [20MR]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers: Committee on the Judiciary (House) (H.R. 2803) (H.
Rept. 104-618) [12JN]
Witness and Jury Retaliation and Tampering Prevention: Committee
on the Judiciary (House) (H.R. 3120) (H. Rept. 104-549) [1MY]
LAW ENFORCEMENT OFFICERS
Appointments
National Commission on the Advancement of Federal Law Enforcement
[23JY]
Bills and resolutions
Capitol Building and Grounds: authorizing use of Grounds for
National Peace Officers' Memorial Service (see H. Con. Res.
147) [5MR]
Children and youth: establish a national resource center and
clearinghouse relative to missing or exploited children (see
H.R. 3238) [15AP]
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
Crime: encourage cooperation between law enforcement agencies and
private sector security professionals (see H.R. 2996) [29FE]
District of Columbia: treatment of pension funds relative to
certain public employees (see H.R. 3389) [2MY]
Employment: establish a national clearinghouse to assist in
background checks of law enforcement applicants (see H.R.
3263) [17AP]
------funding for the hiring of personnel who perform
nonadministrative services (see H.R. 2922) [31JA]
------overtime requirements of certain law enforcement employees
working at police training facilities (see H.R. 4172) [25SE]
Federal aid programs: provide educational assistance to dependents
of Federal officials killed or disabled in the line of duty
(see H.R. 4111) [18SE]
Federal employees: provide compensation for employees for
performance of emergency services during periods of lapsed
appropriations (see H.R. 2848) [4JA]
Firearms: ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
------encourage States to regulate certain handguns and gather
information on guns used in crimes (see H.R. 4044) [10SE]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
Income: compensation of officers in canine units (see H.R. 2966)
[16FE]
Law enforcement: report deaths of persons in custody (see H.R.
3242) [15AP]
National Center for Rural Law Enforcement: establish (see H.R.
4140) [24SE]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
Pensions: ensure benefits for chaplains killed in the line of duty
(see H.R. 3647) [13JN]
Postal Service: issue postage stamp in commemoration of officers
killed in the line of duty (see H. Con. Res. 210) [2AU]
States: reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
Supreme Court: extend authority of the Marshal of the Supreme
Court and the Supreme Court Police (see H.R. 4164) [25SE]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
Reports filed
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Review of Criminal Records of Applicants for Security Officer
Employment: Committee on the Judiciary (House) (H.R. 2092) (H.
Rept. 104-827) [24SE]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
Use of Capitol Grounds for National Peace Officers' Memorial
Service: Committee on Transportation and Infrastructure
(House) (H. Con. Res. 147) (H. Rept. 104-488) [20MR]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers: Committee on the Judiciary (House) (H.R. 2803) (H.
Rept. 104-618) [12JN]
LAWYERS AND ATTORNEYS
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions
Armed Forces: allow personal injury actions against military
health care professionals (see H.R. 4221) [26SE]
Courts: payment of the costs of court-appointed attorneys in
certain criminal cases (see H.R. 3027) [6MR]
------product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
------provide witnesses with access to legal counsel during grand
jury testimony (see H.R. 4193) [26SE]
Dept. of Justice: establish ethics standards for prosecutors (see
H.R. 3386) [1MY]
Government: authorize alternative dispute resolution systems (see
H.R. 2977, 4194) [27FE] [26SE]
Health: liability of raw material and component suppliers to
medical device manufacturers (see H.R. 3468) [16MY]
Taxation: treatment of legal expenses relative to sexual
harassment suits (see H.R. 3530) [23MY]
Veterans: authorize financial assistance for legal representation
in Court of Veterans Appeals proceedings (see H.R. 3493, 3506)
[20MY] [22MY]
Conference reports
Administrative Dispute Resolution Act (H.R. 2977) [25SE]
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
Messages
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Reports filed
Administrative Dispute Resolution Act: Committee of Conference
(H.R. 2977) (H. Rept. 104-841) [25SE]
------Committee on the Judiciary (House) (H.R. 2977) (H. Rept.
104-597) [29MY]
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
LAZIO, RICK (a Representative from New York)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Conferee: S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
FHA: streamline certain single family housing programs (see H.R.
3742) [27JN]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
Homeless: consolidate Federal housing assistance programs (see
H.R. 3964) [2AU]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
------authorize, revise, and extend certain Federal programs (see
H.R. 3743) [27JN]
------enforcement of single-and multifamily housing regulations
(see H.R. 3741) [27JN]
National Environmental Science and Policy Academy: feasibility
study (see H.R. 4175) [25SE]
Native Americans: funding for housing programs relative to tribal
self-governance (see H.R. 3219) [29MR]
Public Health Service Act: provide inclusive information service
relative to certain diseases (see H.R. 4257) [27SE]
Real estate: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
Motions offered by
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
LEACH, JAMES A. (a Representative from Iowa)
Appointments
Conferee: S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Crime: treatment of the production, sale, transportation, or
possession of fictitious financial instruments (see H.R. 2986)
[28FE]
Financial institutions: reduce paperwork and regulatory burdens
(see H.R. 4079) [16SE]
Taxation: increase contributions for defined pension plans (see
H.R. 3965) [2AU]
Reports filed
Financial Institutions Regulatory Process and Paperwork
Requirements Reform: Committee on Banking and Financial
Services (House) (H.R. 1858) (H. Rept. 104-103) [18JN]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
LEBANON, REPUBLIC OF
Bills and resolutions
Foreign policy: restrictions on travel and the use of U.S.
passports (see H. Res. 390) [22MR]
Middle East: recognize territorial integrity, unity, sovereignty,
and independence (see H. Con. Res. 209) [2AU]
Syria: withdrawal of military (see H. Con. Res. 190) [19JN]
LEGAL SERVICES CORP.
Bills and resolutions
Federal aid programs: eligibility for assistance for victims of
domestic violence (see H.R. 3733) [27JN]
LEGISLATIVE BRANCH OF THE GOVERNMENT
Appointments
Conferees: H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions
Appropriations: making (see H.R. 3754) [8JY]
------making (H.R. 3754), consideration (see H. Res. 473) [9JY]
Congress: constitutional duties (see H. Res. 431) [10MY]
------reform lobbying disclosure and gift rules (see H.R. 3140)
[21MR]
Crime: punish false statements during debate on the floor of
either House of Congress (see H.R. 3996) [2AU]
Federal employees: compensation practices and pay equity (see H.
Con. Res. 194) [27JN]
GAO: reform (see H.R. 3864) [22JY]
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (see H.R. 3166)
[27MR]
------applicability of criminal laws pertaining to fraud or false
statements to all branches of Government (H.R. 3166), concur
with Senate amendments (see H. Res. 535) [25SE]
------assure operations are free of racial, sexual, and ethnic
discrimination (see H.R. 3190) [28MR]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
House of Representatives: establish a commission on size of
membership and election process (see H.R. 4076) [12SE]
House Rules: postpone final action on legislative branch
appropriations until all other appropriations bills have been
enacted (see H. Res. 358) [1FE]
[[Page 3094]]
Conference reports
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Motions
Appropriations: making (H.R. 3754) [10JY] [30JY]
Reports filed
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Legislative Branch of the Government Appropriations: Committee of
Conference (H.R. 3754) (H. Rept. 104-733) [31JY]
------Committee on Appropriations (House) (H.R. 3754) (H. Rept.
104-657) [8JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
LEGISLATIVE LINE ITEM VETO ACT
Conference reports
Provisions (S. 4) [21MR]
Reports filed
Provisions: Committee of Conference (S. 4) (H. Rept. 104-491)
[21MR]
LEVIN, SANDER M. (a Representative from Michigan)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
LEWIS, JERRY (a Representative from California)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
Bills and resolutions introduced by
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (see H.R. 3666) [18JN]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
Taxation: exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
Conference reports
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations (H.R. 3666) [20SE]
Reports filed
Depts. of Veterans Affairs and HUD, and Sundry Independent
Agencies Appropriations: Committee of Conference (H.R. 3666)
(H. Rept. 104-812) [20SE]
------Committee on Appropriations (House) (H.R. 3666) (H. Rept.
104-628) [18JN]
LEWIS, JOHN (a Representative from Georgia)
Bills and resolutions introduced by
Gingrich, Representative: release of independent counsel report
relative to GOPAC (see H. Res. 526, 532) [19SE] [24SE]
Ralph David Abernathy Memorial Foundation: extend authority to
establish memorial (see H.J. Res. 183) [11JY]
Sam Nunn Federal Center, Atlanta, GA: designate (see H.R. 4152)
[24SE]
Transportation: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
LEWIS, RON (a Representative from Kentucky)
Bills and resolutions introduced by
Agriculture: increase emphasis on and disseminate results of
agricultural research projects relative to precision
agriculture (see H.R. 3795) [11JY]
Army Reserves: designate wearing of army uniforms annually on
April 23 (see H. Con. Res. 168) [30AP]
William H. Natcher Bridge: designate (see H.R. 3572) [4JN]
LIBERIA, REPUBLIC OF
Bills and resolutions
Civil wars: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
LIBRARIES
Bills and resolutions
Taxation: refundable credit for the contribution of books to
libraries (see H.R. 3979) [2AU]
LIBRARY OF CONGRESS
Appointments
Library of Congress Trust Fund Board [27MR] [2OC]
Bills and resolutions
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Reports filed
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
LIBRARY OF CONGRESS TRUST FUND BOARD
Appointments
Members [27MR] [2OC]
LIBYA, SOCIALIST PEOPLE'S ARAB JAMAHIRIYA
Bills and resolutions
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Foreign aid: prohibit U.S. assistance to countries providing
landing rights to Libyan aircraft (see H.R. 4332) [30SE]
Foreign trade: impose sanctions on foreign persons exporting
petroleum products, natural gas, or related technology to Iran
and Libya (see H.R. 3107) [19MR]
------most-favored-nation status relative to Iran, Iraq, Libya,
and Syria (see H.R. 3890) [24JY]
Messages
National Emergency Relative to Libya: President Clinton [3JA]
[22JA] [22JY]
LIGHTFOOT, JIM (a Representative from Iowa)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 3756) [8JY]
Iowa: provide relief for agricultural producers for flooding
losses caused by water retention at the Lake Redrock dam (see
H.R. 4054) [11SE]
Minimum wage: level (see H.R. 3481) [16MY]
Taxation: aviation excise taxes relative to Airport and Airway
Trust Fund expenditures (see H.R. 4206) [26SE]
------issuance of tax-exempt bonds to finance first-time farmers'
loans (see H.R. 3251) [16AP]
Reports filed
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 3756) (H. Rept. 104-660) [8JY]
LINCOLN, BLANCHE LAMBERT (a Representative from Arkansas)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee To Escort the President [23JA]
Bills and resolutions introduced by
Medicare: treatment of surveys of home health agencies and
providers (see H.R. 3004) [5MR]
LINDER, JOHN (a Representative from Georgia)
Appointments
British-U.S. Interparliamentary Group [29MR]
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (H.R. 3603),
consideration (see H. Res. 451) [10JN]
Courts: product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
District of Columbia: making appropriations (H.R. 2546),
consideration of conference report (see H. Res. 351) [31JA]
English language: declare as official language of U.S. (H.R. 123),
consideration (see H. Res. 499) [31JY]
FAA: reauthorizing programs (H.R. 3539), consideration of
conference report (see H. Res. 540) [26SE]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
Public debt: enforce debt limit and protect obligated trust funds
(H.R. 3021), consideration (see H. Res. 371) [6MR]
Small business: improve certain programs (H.R. 3719),
consideration (see H. Res. 516) [4SE]
Telecommunications: reform policies regulating competition (S.
652), consideration of conference report (see H. Res. 353)
[31JA]
Reports filed
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
Consideration of Conference Report on H.R. 2546, District of
Columbia Appropriations: Committee on Rules (House) (H. Res.
351) (H. Rept. 104-456) [31JA]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization: Committee on Rules (House) (H. Res. 540) (H.
Rept. 104-851) [26SE]
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Consideration of H.R. 123, English Language Empowerment Act:
Committee on Rules (House) (H. Res. 499) (H. Rept. 104-734)
[31JY]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Consideration of H.R. 3719, Small Business Programs Improvements:
Committee on Rules (House) (H. Res. 516) (H. Rept. 104-773)
[4SE]
LINE ITEM VETO ACT
Bills and resolutions
Enact (see H.R. 3136) [21MR]
Enact (H.R. 3136): consideration (see H. Res. 391) [27MR]
------waiving enrollment requirements (see H.J. Res. 168) [26MR]
Taxation: expand definition of limited tax benefits applicable to
line-item veto (see H.R. 3566) [4JN]
Conference reports
Provisions (S. 4) [21MR]
Motions
Enact (H.R. 3136) [28MR]
Reports filed
Consideration of H.R. 3136, Provisions: Committee on Rules (House)
(H. Res. 391) (H. Rept. 104-500) [27MR]
Provisions: Committee of Conference (S. 4) (H. Rept. 104-491)
[21MR]
LIPINSKI, WILLIAM O. (a Representative from Illinois)
Appointments
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Railroads: implementation of exemptions to train whistle
requirements at public highway-rail grade crossings (see H.
Con. Res. 201) [25JY]
Social Security: waive waiting period for disability benefits
relative to individuals with terminal illnesses (see H.R.
3899) [25JY]
LITERATURE
related term(s) Arts and Humanities
Bills and resolutions
Taxation: refundable credit for the contribution of books to
libraries (see H.R. 3979) [2AU]
[[Page 3095]]
LITHUANIA, REPUBLIC OF
Bills and resolutions
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
LIUZZO, VIOLA
Bills and resolutions
Tribute (see H. Res. 420) [1MY]
LIVINGSTON, BOB (a Representative from Louisiana)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
Appropriations: making continuing (see H.R. 2880, 3019; H.J. Res.
163, 165, 170, 175) [25JA] [5MR] [13MR] [20MR] [29MR] [23AP]
------making omnibus consolidated (see H.R. 4278) [28SE]
Colleges and universities: protect speech and association rights
of students (see H.R. 4207) [26SE]
Federal employees: continuance of work during Government shutdown
(S. 1508), return to Senate (see H. Res. 331) [4JA]
Greene, Representative: election as Speaker pro tempore (see H.
Res. 471) [8JY]
National security: national missile defense system (see H.R. 3144)
[21MR]
Conference reports
Continuing Appropriations (H.R. 3019) [25AP]
Dept. of Defense Appropriations (H.R. 3610) [28SE]
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
District of Columbia Appropriations (H.R. 2546) [31JA]
Motions offered by
Bulgaria: most-favored-nation status (H.R. 1643) [5JA]
Dept. of Defense: making appropriations (H.R. 3610) [30JY]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134) [5JA]
Reports filed
Continuing Appropriations: Committee of Conference (H.R. 3019) (H.
Rept. 104-537) [25AP]
Dept. of Defense Appropriations: Committee of Conference (H.R.
3610) (H. Rept. 104-863) [28SE]
Revised Subdivision of Budget Totals for Fiscal Year 1997:
Committee on Appropriations (House) (H. Rept. 104-672) [12JY]
------Committee on Appropriations (House) (H. Rept. 104-727)
[31JY]
Subdivision of Budget Totals for Fiscal Year 1997: Committee on
Appropriations (House) (H. Rept. 104-594) [23MY]
------Committee on Appropriations (House) (H. Rept. 104-624)
[17JN]
LOBBYING DISCLOSURE ACT
Bills and resolutions
Enact (S. 1060): technical corrections (see H.R. 3435) [10MY]
Taxation: clarify restrictions on lobbying expenditures of tax-
exempt organizations (see H.R. 3240) [15AP]
Reports filed
Technical Corrections: Committee on the Judiciary (House) (H.R.
3435) (H. Rept. 104-699) [24JY]
LOBBYISTS
Bills and resolutions
Congress: reform lobbying disclosure and gift rules (see H.R.
3140) [21MR]
Crime: penalty for transmission of fraudulent communications to
Congress (see H.R. 3128) [20MR]
Executive departments: ban acceptance of gifts by employees (see
H.R. 3797) [11JY]
------prohibit use of funds by Federal agencies to lobby for or
against any legislative proposal (see H.R. 3078) [13MR]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Government: reform disclosure of lobbying activities to influence
the Federal Government (S. 1060), technical corrections (see
H.R. 3435) [10MY]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 432, 433, 439, 457) [10MY] [14MY] [16MY] [20JN]
Taxation: clarify restrictions on lobbying expenditures of tax-
exempt organizations (see H.R. 3240) [15AP]
------clarify restrictions on the lobbying and campaign activities
of churches (see H.R. 2910) [31JA]
Reports filed
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
LoBIONDO, FRANK A. (a Representative from New Jersey)
Bills and resolutions introduced by
Medicare: provide prospective payments for inpatient services
relative to rehabilitation hospitals and units (see H.R. 3856)
[18JY]
LOCAL GOVERNMENT
related term(s) Federal Aid Programs
Appointments
Conferees: H.R. 3845, District of Columbia appropriations [26JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Air pollution: regulatory requirements relative to upwind
nonattainment areas (see H.R. 4339) [3OC]
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
------require initial intake screenings and the use of youth
development specialists in Federal juvenile proceedings (see
H.R. 4055) [11SE]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Courts: limit authority of judicial remedies to force State and
local governments to assess, levy, or collect taxes (see H.R.
3100) [14MR]
Crime: establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
Dept. of Defense: assist the procurement of law enforcement
equipment for counterdrug activities by State and local
governments (see H.R. 2931) [1FE]
Dept. of HUD: notify local government about proposed assisted
multifamily housing projects (see H.R. 4064) [12SE]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
District of Columbia: making appropriations (see H.R. 3845) [18JY]
------making appropriations (H.R. 2546), consideration of
conference report (see H. Res. 351) [31JA]
------treatment of employees relative to participation in
political campaigns (see H.R. 3918) [30JY]
------waive reduction for early retirement to assist in workforce
downsizing efforts (see H.R. 3336) [25AP]
Dutch John, UT: dispose of certain Federal properties and assist
local government in the interim delivery of basic services
(see H.R. 3486) [16MY]
Education: allow local jurisdictions flexibility in use of certain
funds (see H.R. 3135) [21MR]
------participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
Elections: constitutional amendment relative to expenditure of
money to elect public officials (see H.J. Res. 187) [25JY]
Employment: determination of tip credits relative to State and
local government laws (see H.R. 4031) [5SE]
------provide limited overtime exemption for emergency medical
services personnel (see H.R. 3212) [29MR]
Federal Home Loan Bank System: authorization of loans and
participation requirements relative to community development
(see H.R. 3349) [30AP]
Federal-State relations: improve the effectiveness of financial
management and audits of State and local governments receiving
Federal assistance (see H.R. 3184) [28MR]
Firearms: encourage States to regulate certain handguns and gather
information on guns used in crimes (see H.R. 4044) [10SE]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Government: transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
------reduce postal rates for certain mailings required by Federal
and State regulations (see H.R. 4136) [24SE]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
------regulation of residential care facilities (see H.R. 2927)
[1FE]
Law enforcement officers: establish a national resource center and
clearinghouse relative to missing or exploited children (see
H.R. 3238) [15AP]
------funding for the hiring of personnel who perform
nonadministrative services (see H.R. 2922) [31JA]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
Roads and highways: participation by certain officials in
statewide planning processes (see H.R. 3227) [29MR]
Sports: regulations relative to relocation of professional teams
(see H.R. 3805) [12JY]
States: establish registration, tracking, and community
notification procedures relative to convicted sex offenders
(see H. Con. Res. 196) [10JY]
------participation in approval process of airport development
projects in neighboring States (see H.R. 3131) [20MR]
Taxation: contribution limits for certain pension plans (see H.R.
3209) [29MR]
------modify the application of pension nondiscrimination rules to
governmental plans (see H.R. 4099) [17SE]
------treatment of deferred compensation plans of State and local
governments (see H.R. 3316) [24AP]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
Volunteer workers: allow State and local government workers to
perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
Conference reports
District of Columbia Appropriations (H.R. 2546) [31JA]
[[Page 3096]]
District of Columbia Appropriations (H.R. 3845) [1AU]
Motions
District of Columbia: making appropriations (H.R. 2546) [31JA]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Reports filed
Consideration of Conference Report on H.R. 2546, District of
Columbia Appropriations: Committee on Rules (House) (H. Res.
351) (H. Rept. 104-456) [31JA]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
District of Columbia Appropriations: Committee of Conference (H.R.
2546) (H. Rept. 104-455) [31JA]
------Committee on Appropriations (House) (H.R. 3845) (H. Rept.
104-689) [18JY]
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance: Committee on
Government Reform and Oversight (House) (H.R. 3184) (H. Rept.
104-607) [6JN]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
Use of Federal Funding by Local Governments and Nonprofit
Organizations in Accordance With Approved Local Flexibility
Plans: Committee on Government Reform and Oversight (House)
(H.R. 2086) (H. Rept. 104-847) [26SE]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
LOFGREN, ZOE (a Representative from California)
Bills and resolutions introduced by
Children and youth: require initial intake screenings and the use
of youth development specialists in Federal juvenile
proceedings (see H.R. 4055) [11SE]
Computers: protection of freedom of speech on-line and on the
Internet (see H.R. 3606) [10JN]
------restrict transmission of obscene or indecent material to
minors by computer (see H.R. 3606) [10JN]
Crime: sexual exploitation of children (see H.R. 4097) [17SE]
Families and domestic relations: child support enforcement (see
H.R. 3529) [23MY]
Federal contracts: require employers to provide health and pension
plans (see H.R. 3528) [23MY]
Firearms: ban the manufacture, importation, and sale of ammunition
that can penetrate police body armor (see H.R. 4208) [26SE]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
Social Security: investment of trust funds surplus (see H.R. 3098)
[14MR]
Taxation: treatment of legal expenses relative to sexual
harassment suits (see H.R. 3530) [23MY]
LONGLEY, JAMES B., JR. (a Representative from Maine)
Bills and resolutions introduced by
Armed Forces: limit placement under U.N. operational or tactical
control (see H.R. 3308) [24AP]
Federal employees: provide interest-free loans to furloughed
employees (see H.R. 2842) [4JA]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Roads and highways: increase truck weight limit on sections of
Maine Turnpike (see H.R. 3549) [29MY]
Veterans: improve health care programs (see H.R. 3950) [2AU]
LOS ANGELES, CA
Bills and resolutions
Medicare: extend period of applicability of enrollment mix
requirement for HMOs to Watts Health Foundation (see H.R.
2923) [31JA]
Reports filed
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
LOTTERIES
Bills and resolutions
Advertising: provide information on odds of winning (see H.R.
3010) [5MR]
LOUISIANA
Bills and resolutions
Courts: appointment of an additional Federal judge for the middle
district of Louisiana (see H.R. 3046) [7MR]
U.S. Civil War Center, Baton Rouge, LA: designate (see H.J. Res.
179) [16MY]
United Houma Nation: Federal recognition and settlement of land
claims (see H.R. 3671) [18JN]
Reports filed
Tensas River National Wildlife Refuge Appropriations: Committee on
Resources (House) (H.R. 2660) (H. Rept. 104-526) [18AP]
LOUISIANA STATE UNIVERSITY
Bills and resolutions
U.S. Civil War Center, Baton Rouge, LA: designate (see H.J. Res.
179) [16MY]
LOWEY, NITA M. (a Representative from New York)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions introduced by
Diseases: establish estrogenic substance screening programs (see
H.R. 3293) [23AP]
Education: provide interest subsidies for construction and
renovation of schools (see H.R. 4309) [28SE]
EEOC: provide funding and remedies for certain instances of sexual
harassment (see H.R. 3646) [13JN]
EPA: reestablish the Office of Noise Abatement and Control (see
H.R. 4308) [28SE]
Families and domestic relations: reduction of teenage pregnancy
rates through evaluation of prevention programs (see H.R.
3940) [1AU]
Health: improve and expand clinical research programs (see H.R.
3904) [25JY]
------permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3582)
[5JN]
Insurance: treatment of prescription drugs (see H.R. 3991) [2AU]
Medicare: expand coverage of part B to provide for respite care
services (see H.R. 3585) [5JN]
National Cancer Institute: increase involvement of advocates in
breast cancer research (see H.R. 3583) [5JN]
Public Health Service: extend breast cancer research programs (see
H.R. 3443) [10MY]
Social Security: determination of average annual earnings relative
to child care or home health care (see H.R. 3357) [30AP]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
Taxation: credits for employers for costs incurred to combat
violence against women (see H.R. 3584) [5JN]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
Westchester County, NY: condemn anti-semitic vandalism (see H.
Con. Res. 231) [28SE]
Women: treatment of pensions relative to spouses and former
spouses (see H.R. 3511) [22MY]
World War II: provide that service in the U.S. Cadet Nurse Corps
constituted active military service for veteran classification
(see H.R. 2995) [29FE]
LUCAS, FRANK D. (a Representative from Oklahoma)
Bills and resolutions introduced by
Washita Battlefield National Historic Site: establish (see H.R.
3099) [14MR]
LUMBER INDUSTRY
related term(s) Forests
Bills and resolutions
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Reports filed
National Forests Timber Substitution for the Cancelled Elkhorn
Ridge Timber Sale: Committee on Resources (House) (H.R. 2711)
(H. Rept. 104-761) [4SE]
LUTHER, WILLIAM P. ``BILL'' (a Representative from Minnesota)
Bills and resolutions introduced by
Dept. of Defense: assist the procurement of law enforcement
equipment for counterdrug activities by State and local
governments (see H.R. 2931) [1FE]
MACEO, KY
Bills and resolutions
William H. Natcher Bridge: designate (see H.R. 3572) [4JN]
Reports filed
William H. Natcher Bridge Designation: Committee on Transportation
and Infrastructure (House) (H.R. 3572) (H. Rept. 104-626)
[18JN]
MACKINAW (vessel)
Bills and resolutions
Coast Guard: cost estimate for engineering, design and
retrofitting of icebreaker (see H.R. 4081) [17SE]
MACON, GA
Bills and resolutions
William Augustus Bootle Federal Building and U.S. Courthouse:
designate (see H.R. 4119) [19SE]
MAGAZINES
see Publications
MAGEN DAVID ADOM (Jewish foreign aid organization)
Bills and resolutions
International Red Cross: recognition of non-Christian symbols (see
H. Res. 464) [25JN]
MAGIC MOMENTS (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3082) [13MR]
MAINE
Bills and resolutions
Motor vehicles: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Roads and highways: increase truck weight limit on sections of
Maine Turnpike (see H.R. 3549) [29MY]
MAJOR LEAGUE BASEBALL
Bills and resolutions
Coins: mint in commemoration of anniversary of league integration
(see H.R. 4148) [24SE]
MALONEY, CAROLYN B. (a Representative from New York)
Appointments
Committee on Economics (Joint) [7MR]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Corp. for the Promotion of Rifle Practice and Firearms Safety:
abolish (see H.R. 3466) [15MY]
Elections: campaign ethics reform and contribution limits (see
H.R. 2944) [1FE]
Families and domestic relations: child support enforcement (see
H.R. 3362) [30AP]
Firearms: Civilian Marksmanship Program funding (see H.R. 3466)
[15MY]
Foreign policy: loan guarantees for Ireland and Northern Ireland
(see H.R. 2844) [4JA]
Freedom of Information Act: provide public access to information
in an electronic format (see H.R. 3885) [24JY]
Germany: expand criteria by which Holocaust survivors may qualify
for compensation (see H. Res. 501) [31JY]
[[Page 3097]]
Immigration: asylum reform (see H.R. 3744) [27JN]
White House Travel Office: abolish (see H.R. 2888) [25JA]
Women: research health risks of dioxin in tampons (see H.R. 3796)
[11JY]
MANAGED CARE CONSUMER PROTECTION ACT
Bills and resolutions
Enact (see H.R. 4220) [26SE]
MANHATTAN, NY
see New York, NY
MANTON, THOMAS J. (a Representative from New York)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Foreign trade: authorize a trade agreement with Northern Ireland
and certain counties in Ireland (see H.R. 3599) [6JN]
Queens County, NY: declare certain areas as nonnavigable waters
(see H.R. 2987) [28FE]
MANZULLO, DONALD A. (a Representative from Illinois)
Appointments
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Courts: limit authority of judicial remedies to force State and
local governments to assess, levy, or collect taxes (see H.R.
3100) [14MR]
Law enforcement officers: ensure benefits for chaplains killed in
the line of duty (see H.R. 3647) [13JN]
MARALINDA (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3915) [30JY]
MARIEMONT, OH
Bills and resolutions
Public lands: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 3072) [12MR]
MARINE CORPS
see Department of Defense
MARINE MAMMAL PROTECTION ACT
Bills and resolutions
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
Reports filed
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
MARINE MAMMALS
Bills and resolutions
Ecology and environment: eliminate ban on import of dolphin-safe
tuna and support the International Dolphin Conservation
Program in the eastern tropical Pacific Ocean (see H.R. 2856)
[5JA]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
Messages
Agreement With Japan Relative to Whaling: President Clinton [13FE]
Reports filed
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT
Bills and resolutions
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
MARINE RESOURCES
Bills and resolutions
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
National Marine Sanctuary Program: authorizing appropriations (see
H.R. 3090) [14MR]
Oceans: development of technology for recovery of minerals from
the seabed (see H.R. 3249) [16AP]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
Reports filed
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Disposition of Senate Amendment to H.R. 1358, Conveyance of
National Marine Fisheries Service Laboratory in Gloucester,
MA, to Massachusetts: Committee on Rules (House) (H. Res. 338)
(H. Rept. 104-449) [5JA]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
MARITIME ADMINISTRATION
related term(s) Department of Transportation
Bills and resolutions
Dept. of Transportation: authorizing appropriations for certain
maritime programs (see H.R. 3281) [22AP]
MARKEY, EDWARD J. (a Representative from Massachusetts)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Conferee: H.R. 956, Common Sense Legal Standards Reform Act [13MR]
------H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033) [6MR]
China, People's Republic of: membership in World Trade
Organization relative to protection of intellectual property
rights (see H. Res. 429) [9MY]
Dept. of Energy: suspend reprocessing activities for spent nuclear
fuel and radioactive target materials (see H. Con. Res. 197)
[10JY]
Elections: campaign ethics reform and contribution limits (see
H.R. 3053) [7MR]
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
National Science Scholars Program: reestablish (see H.R. 3648)
[13JN]
Public utilities: provide for competition in electric power
industry (see H.R. 2929, 3782, 3790) [1FE] [11JY]
Telecommunications: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
MARRIAGE
see Families and Domestic Relations
MARSHALL ISLANDS, REPUBLIC OF
Reports filed
Marshall Islands Rongelop Resettlement Trust Fund Administration:
Committee on Resources (House) (H.R. 1332) (H. Rept. 104-471)
[5MR]
MARTINEZ, MATTHEW G. (a Representative from California)
Appointments
Conferee: H.R. 2202, Illegal Immigration Reform and Immigrant
Reponsibility Act [11SE]
Bills and resolutions introduced by
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
MARTINI, BILL (a Representative from New Jersey)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (see H.R. 3166)
[27MR]
Railroads: hours of service of employees (see H.R. 3413) [8MY]
MARYLAND
Bills and resolutions
Chesapeake Bay: establish a program to provide environmental
assistance to non-Federal interests (see H.R. 3309) [24AP]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
Reports filed
Jennings Randolph Lake Management Between Maryland and West
Virginia: Committee on the Judiciary (House) (H.J. Res. 113)
(H. Rept. 104-706) [24JY]
MASSACHUSETTS
Bills and resolutions
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Rivers: deauthorize a portion of the navigation project for
Weymouth-Fore and Town Rivers (see H.R. 2957) [1FE]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Sudbury, Assabet, and Concord Rivers: designate certain segments
as components of the Wild and Scenic River System (see H.R.
3405) [7MY]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Disposition of Senate Amendment to H.R. 1358, Conveyance of
National Marine Fisheries Service Laboratory in Gloucester,
MA, to Massachusetts: Committee on Rules (House) (H. Res. 338)
(H. Rept. 104-449) [5JA]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
MATHEMATICS
related term(s) Engineering; Science
Bills and resolutions
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Messages
Science and Engineering Indicators--1996: President Clinton [15MY]
MATSUI, ROBERT T. (a Representative from California)
Appointments
National Commission on Restructuring the IRS [22MY]
MAURITANIA, ISLAMIC REPUBLIC OF
Bills and resolutions
Human rights: violations (see H. Con. Res. 142) [1FE]
McAULIFFE, ROGER P.
Bills and resolutions
Roger P. McAuliffe Post Office, Chicago, IL: designate (see H.R.
3834) [17JY]
McCAFFREY, BARRY R. (Office of National Drug Control Policy Director)
Messages
National Drug Control Strategy: President Clinton [29AP]
[[Page 3098]]
McCARTHY, KAREN (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Bills and resolutions introduced by
National Commission on the Long-Term Solvency of the Medicare
Program: establish (see H.R. 3992) [2AU]
McCOLLUM, BILL (a Representative from Florida)
Appointments
Conferee: H.R. 2202, Illegal Immigration Reform and Immigrant
Reponsibility Act [11SE]
------H.R. 3103, Health Insurance Portability and Accountability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions introduced by
Corps of Engineers: conduct study of mitigation banks (see H.R.
4211) [26SE]
Crime: encourage cooperation between law enforcement agencies and
private sector security professionals (see H.R. 2996) [29FE]
------penalties for fraud and related activity involving work
authorization documents relative to Social Security cards (see
H.R. 3724) [26JN]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3565) [4JN]
------protect proprietary economic information (see H.R. 3723)
[26JN]
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
Elections: reform voter registration procedures (see H.R. 4209)
[26SE]
Florida: designate the Wekiva River, Seminole Creek and Rock
Springs Run for potential addition to the Wild and Scenic
River System (see H.R. 3155) [22MR]
Foreign countries: violations of arbitral obligations under
international law (see H.R. 2970) [23FE]
Government: applicability of criminal laws pertaining to fraud or
false statements to all branches of Government (H.R. 3166),
concur with Senate amendments (see H. Res. 535) [25SE]
Housing: State authority to set rental occupancy standards (see
H.R. 3385) [1MY]
Immigration: allow certain aliens to obtain nonimmigrant visitor's
visas (see H.R. 4210) [26SE]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Taxation: treatment of individual retirement accounts (see H.R.
4311) [28SE]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
U.S. Immigration Court: establish (see H.R. 4258) [27SE]
Reports filed
Early Release of Prisoners Upon Completion of Drug Treatment
Programs: Committee on the Judiciary (House) (H.R. 2650) (H.
Rept. 104-602) [31MY]
Government Accountability Act: Committee on the Judiciary (House)
(H.R. 3166) (H. Rept. 104-680) [16JY]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
Protect Proprietary Economic Information: Committee on the
Judiciary (House) (H.R. 3723) (H. Rept. 104-788) [16SE]
Release of Relevant Information on Violent Sex Offenders:
Committee on the Judiciary (House) (H.R. 2137) (H. Rept. 104-
555) [6MY]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers: Committee on the Judiciary (House) (H.R. 2803) (H.
Rept. 104-618) [12JN]
Witness and Jury Retaliation and Tampering Prevention: Committee
on the Judiciary (House) (H.R. 3120) (H. Rept. 104-549) [1MY]
McCRERY, JIM (a Representative from Louisiana)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
McDADE, JOSEPH M. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Bills and resolutions introduced by
Dept. of Justice: establish ethics standards for prosecutors (see
H.R. 3386) [1MY]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 177) [30AP]
Taxation: treatment of certain capital gains deposited in
individual retirement accounts (see H.R. 3550) [29MY]
William J. Nealon U.S. Courthouse, Scranton, PA: designate (see
H.R. 3364) [30AP]
McDERMOTT, JIM (a Representative from Washington)
Bills and resolutions introduced by
Health: limitations on disclosure and use of genetic information
(see H.R. 3482) [16MY]
Tariff: skis and snowboards (see H.R. 4212) [26SE]
Taxation: credits for health insurance premiums of employees
without employer-provided health coverage (see H.R. 4176)
[25SE]
------permit penalty-free withdrawals from certain retirement
accounts by unemployed individuals (see H.R. 3807) [12JY]
McDOUGAL, JAMES B.
Bills and resolutions
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison Guaranty
investigation (see H. Con. Res. 218) [25SE]
McDOUGAL, SUSAN
Bills and resolutions
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison Guaranty
investigation (see H. Con. Res. 218) [25SE]
McHALE, PAUL (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
U.S. Naval Academy Board of Visitors [24JY]
Bills and resolutions introduced by
Education: authorize awarding of Presidential Honors Scholarships
to certain graduating secondary school students (see H.R.
4259) [27SE]
Roosevelt, Theodore: award the Congressional Medal of Honor (see
H.R. 3966) [2AU]
Taxation: treatment of advertising expenses for tobacco products
(see H.R. 2962) [6FE]
McHUGH, JOHN M. (a Representative from New York)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Federal employees: provide compensation for employees for
performance of emergency services during periods of lapsed
appropriations (see H.R. 2848) [4JA]
FERC: extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Postal Service: reform (see H.R. 3717) [25JN]
McINNIS, SCOTT (a Representative from Colorado)
Bills and resolutions introduced by
Appropriations: making continuing (H.J. Res. 165), consideration
(see H. Res. 386) [20MR]
Budget: reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492) [30JY]
Collbaran reclamation project: land conveyance (see H.R. 3366)
[30AP]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159), consideration (see H. Res. 395) [29MR]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
Hinsdale, CO: land exchange (see H.R. 4213) [26SE]
House Rules: same-day consideration of certain resolutions (see H.
Res. 412) [24AP]
Immigration: access of illegal immigrants to public education
(H.R. 4134), consideration (see H. Res. 530) [24SE]
Marriage: define and protect institution (H.R. 3396),
consideration (see H. Res. 474) [10JY]
Occupational Safety and Health Act: establish peer review of
standards (see H.R. 4178) [25SE]
Public welfare programs: reform (H.R. 3734), consideration of
conference report (see H. Res. 492) [30JY]
Safe Drinking Water Act: amend (S. 1316), consideration of
conference report (see H. Res. 507) [1AU]
Taxation: treatment of Armed Forces members performing services in
Somalia (see H.R. 4179) [25SE]
Motions offered by
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159), consideration (H. Res. 395) [15AP]
Reports filed
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue: Committee on
Rules (House) (H. Res. 395) (H. Rept. 104-513) [29MR]
Consideration of H.J. Res. 165, Continuing Appropriations:
Committee on Rules (House) (H. Res. 386) (H. Rept. 104-489)
[20MR]
Consideration of H.R. 3396, Defense of Marriage Act: Committee on
Rules (House) (H. Res. 474) (H. Rept. 104-666) [10JY]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
House Rules Relative to Same-Day Consideration of Certain
Resolutions: Committee on Rules (House) (H. Res. 412) (H.
Rept. 104-535) [24AP]
McINTOSH, DAVID M. (a Representative from Indiana)
Bills and resolutions introduced by
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3404) [7MY]
FDA: require full documentation of breast implant information (see
H. Res. 527) [19SE]
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
McKEON, HOWARD P. ``BUCK'' (a Representative from California)
Appointments
Conferee: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
[[Page 3099]]
McKINNEY, CYNTHIA A. (a Representative from Georgia)
Bills and resolutions introduced by
Business and industry: discourage relocation to foreign countries
and encourage creation of new jobs (see H.R. 3252) [16AP]
Foreign operations, export financing, and related programs: making
appropriations (see H.R. 2863) [22JA]
Taxation: increase child care credit and eliminate the exclusion
of income relative to foreign sales corporations (see H.R.
3332) [25AP]
------reduce certain benefits allowable to profitable, large
corporations that make workforce reductions (see H.R. 3333)
[25AP]
McNULTY, MICHAEL R. (a Representative from New York)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Bills and resolutions introduced by
Hudson and Mohawk Rivers National Historical Park: establish (see
H.R. 2849) [4JA]
MEDALS
see Awards, Medals, Prizes
MEDRX III (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4163) [24SE]
MEEHAN, MARTIN T. (a Representative from Massachusetts)
Bills and resolutions introduced by
Sudbury, Assabet, and Concord Rivers: designate certain segments
as components of the Wild and Scenic River System (see H.R.
3405) [7MY]
Tariff: certain water resistant wool trousers (see H.R. 3718)
[25JN]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
MEEK, CARRIE P. (a Representative from Florida)
Bills and resolutions introduced by
Brown, Ronald H.: tribute (see H. Res. 404) [16AP]
Census: accuracy of decennial census (see H.R. 3558) [30MY]
Contracts: treatment of Federal contracts relative to Government
shutdowns (see H.R. 2963) [6FE]
Dept. of Commerce: tribute to employees and business leaders
killed in plane crash while on trade mission in Croatia (see
H. Res. 404) [16AP]
Firearms: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
MEMBERS OF CONGRESS
related term(s) Congress; House of Representatives; Senate; Votes in
House
Appointments
Advisory Commission on Intergovernmental Relations [15AP]
Attendance of Funeral of Bill Emerson [26JN]
Committee on Economics (Joint) [7MR]
Bills and resolutions
Andrew Jacobs, Jr., U.S. Post Office Building, Indianapolis, IN:
designate (see H.R. 4223) [26SE]
Baker, Representative Richard H.: election to the Committee on
Transportation and Infrastructure (House) (see H. Res. 467)
[26JN]
Bass, Representative: dismissal of election contest (see H. Res.
539) [26SE]
Committees of the House: majority party appointments (see H. Res.
462) [25JN]
------minority party appointments (see H. Res. 367, 408, 414, 447,
523) [28FE] [22AP] [25AP] [5JN] [17SE]
Congress: increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
------notify the President that a quorum has assembled (see H.
Res. 325) [3JA]
------reform lobbying disclosure and gift rules (see H.R. 3140)
[21MR]
Constitutional amendments: use of false statements during official
duties (see H.J. Res. 188) [2AU]
Crime: punish false statements during debate on the floor of
either House of Congress (see H.R. 3996) [2AU]
Elections: clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
Emerson, Bill: tribute (see H. Res. 459) [25JN]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Funderburk, Representative: election to Committee on Agriculture
(House) (see H. Res. 509) [2AU]
Government: reform disclosure of lobbying activities to influence
the Federal Government (S. 1060), technical corrections (see
H.R. 3435) [10MY]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
House of Representatives: establish a commission on size of
membership and election process (see H.R. 4076) [12SE]
------establish disclosure requirements relative to franked mail
(see H.R. 3772) [10JY]
------implementation of Office Waste Recycling Program (see H.
Res. 513) [2AU]
------official mail allowance (see H.R. 3771) [10JY]
------official travel restrictions to foreign countries during
periods of lapsed appropriations (see H.R. 2841) [3JA]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
------provide for a nonvoting delegate from the Northern Mariana
Islands (see H.R. 3879, 4067) [23JY] [12SE]
------reduce number of pieces of mail constituting a mass mailing
(see H.R. 3774) [10JY]
------require Members to submit annual reports on federally funded
travel for publication in the Congressional Record (see H.
Res. 423) [2MY]
------transition for new Members (see H.R. 3544) [29MY]
House Rules: improve committee operations, procedures, and
staffing (see H. Res. 480) [16JY]
------prohibit foreign travel by retiring Members (see H. Res.
361) [1FE]
------provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
------question of privilege relative to public debt ceiling (see
H. Res. 354) [31JA]
------reform trust relationships (see H. Res. 477) [12JY]
------require drug testing of Members, officers, and staff (see H.
Res. 510, 519) [2AU] [11SE]
------require Members to establish office policies relative to the
use of computer software, programs, and data bases (see H.
Res. 533) [24SE]
Income: adjust pay relative to congressional performance (see H.R.
3276) [18AP]
------eliminate automatic salary adjustments (see H.R. 3956) [2AU]
Jackson, Representative: election to the Committee on Banking and
Financial Services (House) (see H. Res. 337) [5JA]
Klug, Representative: election to the Committee on Government
Reform and Oversight (House) (see H. Res. 485) [22JY]
McNulty, Representative: election to the Committee on Ways and
Means (House) (see H. Res. 344) [25JA]
Neumann, Representative: election to the Committee on the Budget
(House) (see H. Res. 357) [1FE]
Pensions: deny Federal retirement annuities to Members convicted
of felonies (see H.R. 3310, 3447, 4011) [24AP] [10MY] [2AU]
------retirement eligibility (see H.R. 3887) [24JY]
Political ethics: prohibit the soliciting or accepting of campaign
contributions within certain areas of the Capitol (see H. Res.
432, 433, 439, 457) [10MY] [14MY] [16MY] [20JN]
Rose, Representative: dismissal of election contest (see H. Res.
538) [26SE]
Reports filed
Dismissal of Election Contest Against Representative Bass:
Committee on House Oversight (House) (H. Res. 539) (H. Rept.
104-853) [26SE]
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
House of Representatives Official Allowance That Represents
Administrative Reforms: Committee on House Oversight (House)
(H.R. 2739) (H. Rept. 104-482) [14MR]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives: Committee on Resources
(House) (H.R. 4067) (H. Rept. 104-856) [27SE]
MENENDEZ, ROBERT (a Representative from New Jersey)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Education: development of curriculum designed to educate students
about the Irish famine (see H. Con. Res. 226) [27SE]
Petroleum: improve prevention of, response to, and compensation to
communities affected by oil spills (see H.R. 3573) [4JN]
Small business: provide legal redress for unfair trade practices
(see H.R. 3967) [2AU]
MENTAL HEALTH
Bills and resolutions
Federal employees: appeals process relative to workers'
compensation claims (see H.R. 3205) [29MR]
------selection of certain physicians to provide medical opinions
relative to workers' compensation claims (see H.R. 3204)
[29MR]
------treatment of medical opinions relative to workers'
compensation claims (see H.R. 3203) [29MR]
Medicaid: preadmission screening and resident review requirements
for certain nursing facilities (see H.R. 3632) [12JN]
National Mental Health Parity Act: implementation (see H.R. 4135)
[24SE]
National objectives: policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4045, 4058)
[10SE] [11SE]
Reports filed
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
MERCHANT MARINE ACT
Bills and resolutions
Dept. of Defense: prohibit use of certain shipping cost
differentials (see H.R. 4343) [3OC]
MERCHANT MARINE INDUSTRY
related term(s) Cargo Transportation; Ships and Vessels
Bills and resolutions
Dept. of Defense: prohibit use of certain shipping cost
differentials relative to Merchant Marine Act (see H.R. 4343)
[3OC]
Dept. of Transportation: authorizing appropriations for certain
maritime programs (see H.R. 3281) [22AP]
Veterans: extend pay benefits to certain merchant mariners who
served during or immediately after World War II (see H.R.
3614) [11JN]
MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT
Reports filed
Provisions: Committee on Commerce (House) (H.R. 2024) (H. Rept.
104-530) [23AP]
METCALF, JACK (a Representative from Washington)
Bills and resolutions introduced by
Financial institutions: offer negotiable order of withdrawal
accounts to businesses and allow interest payments on demand
deposits (see H.R. 3993) [2AU]
Homeless: housing programs for veterans (see H.R. 4132) [23SE]
Native Americans: administrative procedures for extension of
Federal recognition to certain Indian groups (see H.R. 2997)
[29FE]
------require uniform appraisals of certain leaseholds of
restricted Indian lands (see H.R. 4260) [27SE]
[[Page 3100]]
METHAMPHETAMINE CONTROL ACT
Bills and resolutions
Enact (see H.R. 3067) [12MR]
METRIC SYSTEM
Bills and resolutions
Dept. of Defense: exempt from metric system requirements relative
to nuclear facilities (see H.R. 3164) [26MR]
Roads and highways: modification of signs (see H.R. 3617) [12JN]
Weights and measures: conversion requirements (see H.R. 4233)
[27SE]
Reports filed
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
METROPOLITAN WASHINGTON AIRPORTS AUTHORITY
Reports filed
Board of Review Abolishment: Committee on Transportation and
Infrastructure (House) (H.R. 1036) (H. Rept. 104-596) [29MY]
MEXICO, UNITED STATES OF
Bills and resolutions
Economy: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
Foreign aid: make conditional to drug enforcement efforts (see
H.R. 2947; H.J. Res. 162) [1FE] [5MR]
Foreign countries: border-crossing fees for vehicles or
pedestrians entering the U.S. from Canada or Mexico (see H.
Con. Res. 152) [14MR]
Foreign trade: duty rate adjustment of tomatoes from Mexico
relative to import surges (see H.R. 2902) [26JA]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
Trucking industry: safety standards and drug enforcement efforts
relative to trucks seeking to cross U.S. border (see H.R.
2946) [1FE]
MEXICO-U.S. INTERPARLIAMENTARY GROUP
Appointments
Members [1MY]
MEYERS, JAN (a Representative from Kansas)
Bills and resolutions introduced by
Contracts: minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
Haskell Indian Nations University: enhance administrative
authority of president (see H.R. 4098) [17SE]
Small business: extend the Small Business Technology Transfer
Program (see H.R. 3158) [25MR]
------improve certain programs (see H.R. 3719, 3720) [26JN]
------provide development assistance to economically disadvantaged
individuals (see H.R. 3994) [2AU]
------strengthen Federal contracting opportunities and assess
impact of contract bundling by Federal agencies (see H.R.
4313) [28SE]
Reports filed
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
Small Business Programs Improvements: Committee on Small Business
(House) (H.R. 3719) (H. Rept. 104-750) [2AU]
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
MICA, JOHN L. (a Representative from Florida)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Executive Office of the President: applicability of certain laws
(see H.R. 3452) [14MY]
Federal employees: amend civil service laws (see H.R. 3841) [17JY]
Klug, Representative: election to the Committee on Government
Reform and Oversight (House) (see H. Res. 485) [22JY]
National Historical Publications and Records Commission:
authorizing appropriations (see H.R. 3625) [12JN]
Veterans: strengthen veterans' preference and increase employment
opportunities (see H.R. 3586) [5JN]
MICHIGAN
Bills and resolutions
Coast Guard: conveyance of Presque Isle Light Station, MI (see
H.R. 3344) [25AP]
------conveyance of St. Helena Island Light Station, MI (see H.R.
3278) [18AP]
Pictured Rocks National Lakeshore: authorize improvements to a
county road and prohibit construction of a scenic shoreline
drive (see H.R. 2958) [1FE]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
Sleeping Bear Dunes National Lakeshore: permit certain persons to
continue to use and occupy certain areas (see H.R. 3970, 4023)
[2AU] [4SE]
MICROENTERPRISE ACT
Bills and resolutions
Enact (see H.R. 3846) [18JY]
Reports filed
Provisions: Committee on International Relations (House) (H.R.
3846) (H. Rept. 104-715) [29JY]
MIDDLE EAST
Bills and resolutions
Farrakhan, Louis: condemn recent visit to Middle East and Africa
(see H. Res. 365, 374) [27FE] [7MR]
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
------prohibit U.S. assistance to countries providing landing
rights to Libyan aircraft (see H.R. 4332) [30SE]
Foreign trade: impose sanctions on foreign persons exporting
petroleum products, natural gas, or related technology to Iran
and Libya (see H.R. 3107) [19MR]
------provide President with proclamation authority relative to
articles of West Bank or Gaza Strip (see H.R. 3074) [13MR]
Iraq: anniversary of gas bomb attack against Kurds (see H. Res.
379) [12MR]
Lebanon: recognize territorial integrity, unity, sovereignty, and
independence (see H. Con. Res. 209) [2AU]
Saudi Arabia: terrorist attack on U.S. peacekeeping forces (see H.
Con. Res. 200) [24JY]
Terrorism: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
Veterans: priority health care to individuals who served in Israel
or Turkey during the Persian Gulf Conflict (see H.R. 3418)
[8MY]
Messages
Israel Loan Guarantees: President Clinton [3JA]
National Emergency Relative to Iran: President Clinton [12MR]
[16MY] [16SE]
National Emergency Relative to Iraq: President Clinton [13FE]
[23JY]
National Emergency Relative to Libya: President Clinton [22JA]
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
Reports filed
Iran and Libya Sanctions Act: Committee on International Relations
(House) (H.R. 3107) (H. Rept. 104-523) [17AP]
------Committee on Ways and Means (House) (H.R. 3107) (H. Rept.
104-523) [17JN]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
MIDDLE EAST DEVELOPMENT BANK
Bills and resolutions
Foreign aid: authorizing appropriations for U.S. contributions to
international funds and development banks (see H.R. 3399)
[7MY]
MIGRANT WORKERS
see Agriculture
MIGRATORY BIRD TREATY ACT
Bills and resolutions
Hunting and trapping: clarify prohibitions and provide for
wildlife habitat under the Migratory Bird Treaty Act (see H.R.
4077) [12SE]
MILITARY ASSISTANCE
see Foreign Aid
MILLENDER-McDONALD, JUANITA (a Representative from California)
Bills and resolutions introduced by
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518) [11SE]
MILLENNIUM SOCIETY
Bills and resolutions
Activities: coordinate to commemorate the second millennium and
endow an international cross-cultural scholarship fund (see
H.R. 3631) [12JN]
MILLER, DAN (a Representative from Florida)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions introduced by
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
MILLER, GEORGE (a Representative from California)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Agriculture: fair payment for use of Bureau of Reclamation water
(see H.R. 3917) [30JY]
Consumers: labeling system for apparel and sporting goods made
without child labor (see H.R. 4125) [19SE]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947) [1FE]
------safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Native Americans: extend tribal authority to manage certain
Federal programs that directly benefit Native Americans (see
H.R. 3034) [6MR]
NetDay96: tribute (see H. Res. 521) [12SE]
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
MINGE, DAVID (a Representative from Minnesota)
Bills and resolutions introduced by
Budget: use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
House Rules: allow consideration of floor amendments supported by
20 percent of both the majority and minority membership (see
H. Res. 548) [27SE]
------reform trust relationships (see H. Res. 477) [12JY]
[[Page 3101]]
MINING AND MINERAL RESOURCES
related term(s) Bureau of Mines
Bills and resolutions
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
Public lands: land exchange between Arkansas and Oklahoma (see
H.R. 3088) [14MR]
Taxation: provide equivalent rates on liquefied natural gas and
compressed natural gas (see H.R. 3315) [24AP]
------treatment of certain accounts involved in the acquisition of
gold, silver, platinum, or palladium bullion (see H.R. 3047)
[7MR]
Uranium Mill Tailings Radiation Control Act: authorizing
appropriations (see H.R. 2967) [23FE]
Messages
Alaska Mineral Resources Report: President Clinton [17AP]
Reports filed
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski Areas: Committee on
Resources (House) (H.R. 1527) (H. Rept. 104-516) [15AP]
Uranium Mill Tailings Radiation Control Act Appropriations:
Committee on Commerce (House) (H.R. 2967) (H. Rept. 104-536)
[24AP]
MINK, PATSY T. (a Representative from Hawaii)
Bills and resolutions introduced by
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516) [22MY]
Government: relief for Federal employees, Federal contractors, and
employees of Federal contractors for expenses incurred during
Government shutdown (see H.R. 2857) [5JA]
Haleakala National Park: funding for additions (see H.R. 2948)
[1FE]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
Housing: prohibit increase of security deposit in units receiving
Federal rental housing assistance (see H.R. 3679) [19JN]
INS: standards for naturalization (see H.R. 4056) [11SE]
Taxation: treatment of sale and subsequent purchase of principal
residences (see H.R. 3035) [6MR]
MINNESOTA
Bills and resolutions
Boundary Waters Canoe Area Wilderness: improve access and use (see
H.R. 3297) [23AP]
Public lands: enhance conservation and protection of Boundary
Waters Canoe Area Wilderness and Voyageurs National Park (see
H.R. 3470) [16MY]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3880) [23JY]
MINORITIES
Bills and resolutions
Civil rights: prevent law enforcement agencies from detaining
individuals on highways solely because of race or color (see
H.R. 4092) [17SE]
------prohibit discrimination in the payment of wages based on
sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
Families and domestic relations: promote adoption of minority
children (H.R. 3286), consideration (see H. Res. 428) [7MY]
Financial institutions: require performance data reporting to
verify availability of credit on a nondiscriminatory basis
(see H.R. 3826) [16JY]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
Health: modify certain programs relative to minority women (see
H.R. 3179) [27MR]
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
Paperwork Reduction Act: use of term ``multiracial or
multiethnic'' on classification lists (see H.R. 3920) [30JY]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Small business: provide development assistance to economically
disadvantaged individuals (see H.R. 3994) [2AU]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
MISSING IN ACTION
Bills and resolutions
Dept. of Defense: restore missing person status to certain
civilian and contractor employees (see H.R. 4000) [2AU]
Reports filed
Restore Missing Person Status to Certain Dept. of Defense Civilian
and Contract Employees: Committee on National Security (House)
(H.R. 4000) (H. Rept. 104-806) [17SE]
MISSISSIPPI
Bills and resolutions
G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS: designate
(see H.R. 3253) [16AP]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Tennessee-Tombigbee Waterway: designate certain locks and dams
(see H.R. 3432) [9MY]
MISSOURI
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Bills and resolutions
Emerson, Bill: tribute (see H. Res. 459) [25JN]
Mark Twain National Forest, MO: boundary adjustment (see H.R.
3464) [15MY]
Reports filed
Mark Twain National Forest, MO, Boundary Adjustment: Committee on
Agriculture (House) (H.R. 3464) (H. Rept. 104-654) [8JY]
MISSOURI (U.S.S.)
Bills and resolutions
San Francisco, CA: transfer to U.S.S. Missouri Allied Forces
Memorial (see H.R. 4066) [12SE]
MOAKLEY, JOHN JOSEPH (a Representative from Massachusetts)
Bills and resolutions introduced by
Schools: maximize use of available technology (see H.R. 4180)
[25SE]
Motions offered by
House Rules: same-day consideration of certain resolutions (H.
Res. 412) [25AP]
MOLDOVA, REPUBLIC OF
related term(s) Commonwealth of Independent States
Bills and resolutions
Russia: removal of Armed Forces (see H. Con. Res. 145) [1FE]
MOLINARI, SUSAN (a Representative from New York)
Appointments
British-U.S. Interparliamentary Group [29MR]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Bills and resolutions introduced by
Crime: strengthen penalties and prohibitions against sabotage of
rail transportation or other mass transit (see H.R. 2949)
[1FE]
Families and domestic relations: promote adoption of minority
children (see H.R. 3286) [23AP]
Railroads: reform the Federal Railroad Administration and improve
safety laws (see H.R. 3335) [25AP]
Taxation: treatment of adoption expenses (see H.R. 3286) [23AP]
MOLLIE BEATTIE ALASKA WILDERNESS AREA ACT
Bills and resolutions
Enact (see H.R. 3706) [24JN]
MOLLOHAN, ALAN B. (a Representative from West Virginia)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
Motions offered by
Bulgaria: most-favored-nation status (H.R. 1643) [5JA]
MONEY
related term(s) Coins
Appointments
Conferees: S. 1136, Anticounterfeiting Consumer Protection Act
[4JN]
Bills and resolutions
Coins: establish circulating commemorative coin program
commemorating each State (see H.R. 3793) [11JY]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
Credit: prohibit extensions relative to gambling (see H.R. 4337)
[1OC]
Crime: development and implementation of national financial crimes
strategy (see H.R. 3931) [31JY]
Currency: establish interagency task force relative to the holding
and counterfeiting of U.S. currency in foreign countries (see
H.R. 3007) [5MR]
------use of tactile currency for the blind and visually impaired
(see H. Res. 385) [14MR]
FRS: use of surplus funds to cover Financing Corp. obligations
(see H.R. 3261) [17AP]
Social Security: investment of surplus from trust funds and
protection from public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 3098) [14MR]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
Motions
Crime: control and prevent commercial counterfeiting (S. 1136)
[4JN]
Reports filed
Control and Prevent Commercial Counterfeiting of Money: Committee
on the Judiciary (House) (H.R. 2511) (H. Rept. 104-556) [6MY]
MONGOLIA, PEOPLE'S REPUBLIC OF
Bills and resolutions
Foreign trade: most-favored-nation status (see H.R. 4086) [17SE]
Messages
Mongolian Emigration Laws and Policies: President Clinton [5SE]
MONOPOLIES
related term(s) Antitrust Policy
Bills and resolutions
Sports: regulations relative to relocation of professional teams
(see H.R. 3805) [12JY]
Reports filed
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
[[Page 3102]]
MONTANA
Bills and resolutions
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Southwest Montana Heritage and Recreation Area: establish (see
H.R. 3318) [24AP]
Water: authorize the construction of the Fort Peck Rural County
Water Supply System (see H.R. 4188) [25SE]
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
Reports filed
Fort Peck Rural County Water Supply System Act: Committee on
Resources (House) (S. 1467) (H. Rept. 104-769) [4SE]
MONTGOMERY, AL
Reports filed
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
MONTGOMERY, G.V. (SONNY) (a Representative from Mississippi)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
Dept. of Veterans Affairs: expand services at veterans medical
centers (see H.R. 3117) [20MR]
------require that educational assistance programs offices be
located within the District of Columbia (see H.R. 3036) [6MR]
Veterans: eliminate double taxation of lump sum separation
benefits and compensation for a service-connected disability
(see H.R. 3183) [28MR]
------reform and improve eligibility for medical care and services
(see H.R. 3119) [20MR]
Veterans Health Administration: establishment of research
corporations at VA medical centers (see H.R. 3285) [23AP]
MONTOURSVILLE, PA
Bills and resolutions
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
MONUMENTS AND MEMORIALS
Bills and resolutions
American Battle Monuments Commission: repair and maintenance of
war memorials (see H.R. 3248, 3673) [16AP] [19JN]
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
Battle of Midway National Memorial: establish (see H.R. 3597)
[6JN]
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Capitol Building and Grounds: recognize contributions of all
American citizens in the National Statuary Hall (see H. Con.
Res. 158) [29MR]
------restoration of statue honoring women's suffrage and
relocation to the rotunda (see H. Con. Res. 216) [24SE]
Devils Tower National Monument: retain name of mountain (see H.R.
4020) [4SE]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial, San Francisco, CA (see H.R. 4066) [12SE]
National monuments: limit authority of the President to designate
certain areas (see H.R. 4118) [19SE]
------limit authority of the President to designate certain areas
in California (see H.R. 4242) [27SE]
------prohibit extension or establishment in Idaho without public
participation and an express act of Congress (see H.R. 4120)
[19SE]
------prohibit extension or establishment in Oregon without public
participation and an express act of Congress (see H.R. 4294)
[28SE]
------require an act of Congress to extend or establish (see H.R.
4147, 4214) [24SE] [26SE]
Ralph David Abernathy Memorial Foundation: extend authority to
establish memorial (see H.J. Res. 183) [11JY]
Veterans: authorize the Pyramid of Remembrance Foundation to
establish a memorial dedicated to soldiers who have died in
foreign conflicts (see H.R. 3442) [10MY]
Reports filed
Repair and Maintenance of War Memorials by the American Battle
Monuments Commission: Committee on Veterans Affairs (House)
(H.R. 3673) (H. Rept. 104-649) [27JN]
MOORE, MATTHEW
Reports filed
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
MOORHEAD, CARLOS J. (a Representative from California)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
Bills and resolutions introduced by
Courts: improve operation and administration of Federal courts
(see H.R. 3968) [2AU]
Federal courts: improve operation and administration (see H.R.
4314) [28SE]
Foreign trade: prevent intellectual property piracy of databases
(see H.R. 3531) [23MY]
Intellectual Property Assembly of the Americas: establish (see
H.R. 3808) [12JY]
Interstate Insurance Receivership Compact: congressional consent
(see H.J. Res. 189) [4SE]
Patent and Trademark Office: convert to Government corporation
(see H.R. 3460) [15MY]
Television: regulation of network signals on satellite carriers
(see H.R. 3192) [28MR]
Motions offered by
Money: control and prevent commercial counterfeiting (S. 1136)
[4JN]
Reports filed
Clarify Rules Governing Court Venues: Committee on the Judiciary
(House) (S. 677) (H. Rept. 104-800) [17SE]
Clarify Rules Governing Removal of Cases to Federal Court:
Committee on the Judiciary (House) (S. 533) (H. Rept. 104-799)
[17SE]
Control and Prevent Commercial Counterfeiting of Money: Committee
on the Judiciary (House) (H.R. 2511) (H. Rept. 104-556) [6MY]
Federal Court Operations and Administration Improvements:
Committee on the Judiciary (House) (H.R. 3968) (H. Rept. 104-
798) [17SE]
National Film Preservation Board Reauthorization: Committee on the
Judiciary (House) (H.R. 1734) (H. Rept. 104-558) [6MY]
Patent and Trademark Office Conversion to Government Corporation:
Committee on the Judiciary (House) (H.R. 3460) (H. Rept. 104-
784) [12SE]
Satellite Home Viewer Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 1861) (H. Rept. 104-554) [6MY]
MORALITY AND ETHICS
Bills and resolutions
Dept. of Justice: establish ethics standards for prosecutors (see
H.R. 3386) [1MY]
Executive Office of the President: civil remedies for the request
or receipt of protected records for nonroutine use (see H.R.
3687) [20JN]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Marriage: define and protect institution (see H.R. 3396) [7MY]
------define and protect institution (H.R. 3396), consideration
(see H. Res. 474) [10JY]
National Character Counts Week: designate (see H. Res. 413) [24AP]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
Motions
Marriage: define and protect institution (H.R. 3396) [12JY]
Reports filed
Consideration of H.R. 3396, Defense of Marriage Act: Committee on
Rules (House) (H. Res. 474) (H. Rept. 104-666) [10JY]
Defense of Marriage Act: Committee on the Judiciary (House) (H.R.
3396) (H. Rept. 104-664) [9JY]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
MORAN, JAMES P. (a Representative from Virginia)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
George Washington's birthday ceremonies delegation [9FE]
Bills and resolutions introduced by
Armed Forces: permit certain beneficiaries to enroll in the
Federal Employees Health Program (see H.R. 3012) [5MR]
Children and youth: deny foreign aid to countries refusing to
enforce labor laws (see H.R. 3294) [23AP]
Education: participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
Executive departments: enable agencies to design personnel systems
relative to their mission (see H.R. 3483) [16MY]
Federal employees: allow loans under the Thrift Savings Plan for
child adoption expenses (see H.R. 3129) [20MR]
------provide voluntary separation incentives to reduce employment
levels (see H.R. 3532) [23MY]
------treatment of deferred annuities during time between
separation from Government service and when payments commence
(see H.R. 2978) [27FE]
Housing: occupancy standards for federally assisted housing
relative to drug and alcohol abusers (see H.R. 3390) [2MY]
International relations: improve awareness, detection, and
clearance of antipersonnel landmines and explosive ordnance
(see H.R. 3725) [26JN]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 433) [14MY]
Petroleum: regulation of above-ground storage tanks (see H.R.
3283) [22AP]
Yugoslavia: human and political rights of the Bosnian people of
the Sanjak region in Serbia and Montenegro (see H. Con. Res.
217) [24SE]
MORELLA, CONSTANCE A. (a Representative from Maryland)
Appointments
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Business and industry: ensure economic equity for women (see H.R.
3857) [18JY]
Capitol Building and Grounds: restoration of statue honoring
women's suffrage and relocation to the rotunda (see H. Con.
Res. 216) [24SE]
Commission on the Advancement of Women in the Science and
Engineering Work Forces: establish (see H.R. 3726) [26JN]
Education: tuition prepayment plans that guarantee a college
education at a fixed price (see H. Res. 506) [1AU]
FAA: authorize research, engineering, and development programs
(see H.R. 3484) [16MY]
Federal employees: establish demonstration project to assess
feasibility of temporary placement of displaced workers in
other Federal or private employment (see H.R. 3649) [13JN]
------extend health insurance and survivor annuity benefits to
certain former spouses (see H.R. 4153) [24SE]
------pension eligibility of former spouses who remarry (see H.R.
3574) [4JN]
[[Page 3103]]
Federal Employees Group Life Insurance Program: coverage of
certain judicial officials (see H.R. 3295) [23AP]
Insurance: prohibit denial of health coverage based on status as
victim of domestic violence (see H.R. 3145) [21MR]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
Social Security: placement of children with adult relatives who
meet State child protection standards (see H.R. 3650) [13JN]
Taxation: dependent care tax credit (see H.R. 4154) [24SE]
U.S. Soccer Federation: support efforts to bring 1999 Women's
World Cup tournament to the U.S. (see H. Res. 359) [1FE]
Women: funding for research relative to alcohol abuse (see H.R.
3175) [27MR]
------preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
MORTON, L. CLURE
Bills and resolutions
L. Clure Morton Post Office and Courthouse, Cookeville, TN:
designate (see H.R. 4070) [12SE]
MOTHER TERESA
Bills and resolutions
Citizenship: confer honorary U.S. citizenship (see H.J. Res. 191)
[10SE]
Reports filed
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
MOTION PICTURES
Bills and resolutions
Cagney, James: award Congressional Gold Medal (see H.R. 3765)
[9JY]
Taxation: treatment of unemployment tax relative to entertainment
industry (see H.R. 3677) [19JN]
Reports filed
National Film Preservation Board Reauthorization: Committee on the
Judiciary (House) (H.R. 1734) (H. Rept. 104-558) [6MY]
MOTOR VEHICLE INFORMATION AND COST SAVINGS ACT
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
MOTOR VEHICLES
Appointments
Conferees: H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions
Children and youth: improve public education on proper use of
child safety restraint systems (see H.R. 4262) [27SE]
Crime: establish toll-free telephone number for the reporting of
stolen and abandoned motor vehicles (see H.R. 4286) [28SE]
------Federal penalties for carjacking (see H.R. 3676) [19JN]
------use of bar encoding to facilitate identification and
recovery of stolen vehicles (see H.R. 4279) [28SE]
Custom Service: treatment of foreign vehicles relative to U.S.
emission standards (see H.R. 3961) [2AU]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
Employment: payment of wages to individuals who use employer-owned
vehicles (H.R. 1227), consideration (see H. Res. 440) [21MY]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Petroleum: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
------transfer gasoline tax revenues to transportation trust funds
(see H.R. 3372, 3384) [1MY]
Registration: establish national requirements for the titling and
registration of salvage of certain rebuilt vehicles (see H.R.
2900) [25JA]
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
------increase truck weight limit on sections of Maine Turnpike
(see H.R. 3549) [29MY]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
Safety: remove limitations on maximum driving and on-duty time of
utility vehicle operators and drivers (see H.R. 3480, 3492)
[16MY]
Taxation: application of retail tax relative to certain heavy duty
trucks and trailers (see H.R. 4090) [17SE]
Transportation: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
------requirements relative to operators of certain farm vehicles
(see H.R. 3356) [30AP]
------transfer authority over highway programs and mass transit
programs to States (see H.R. 3840) [17JY]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
------limit the applicability of hazardous material transportation
registration and fee requirements relative to the transport of
crude oil and condensate (see H.R. 3188) [28MR]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
Conference reports
Small Business Job Protection Act (H.R. 3448) [1AU]
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
Motions
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
Petroleum: gasoline tax (H.R. 3415) [21MY]
Reports filed
Carjacking Correction Act: Committee on the Judiciary (House)
(H.R. 3676) (H. Rept. 104-787) [16SE]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of H.R. 1227, Employee Commuting Flexibility Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Employee Commuting Flexibility Act: Committee on Economic and
Educational Opportunities (House) (H.R. 1227) (H. Rept. 104-
585) [20MY]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers: Committee on the Judiciary (House) (H.R. 2803) (H.
Rept. 104-618) [12JN]
MOUNTAINS
Bills and resolutions
Devils Tower National Monument: retain name of mountain (see H.R.
4020) [4SE]
San Isabel National Forest, CO: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Talladega National Forest: designate certain lands as the Dugger
Mountain Wilderness (see H.R. 4087) [17SE]
MUNICIPALITIES
see Urban Areas
MURTHA, JOHN P. (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Bills and resolutions introduced by
Unemployment: emergency compensation (see H.R. 4263) [27SE]
MUSEUMS
Bills and resolutions
Hawaii: repatriation of certain Native American remains (see H.R.
4084) [17SE]
Lower East Side Tenement Museum National Historic Site: establish
(see H.R. 3628) [12JN]
Smithsonian Institution: authorize construction of the National
Air and Space Museum Dulles Center (see H.R. 3933) [31JY]
Messages
National Endowment for the Humanities: President Clinton [17AP]
MUSIC AND DANCE
related term(s) Arts and Humanities
Bills and resolutions
African-American music: tribute (see H. Con. Res. 151) [12MR]
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Messages
National Endowment for the Arts: President Clinton [12JN]
National Endowment for the Humanities: President Clinton [17AP]
Reports filed
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
MUTUAL FUNDS
see Securities
MYANMAR, UNION OF
see Burma
MYERS, JOHN T. (a Representative from Indiana)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions introduced by
Energy and water development: making appropriations (see H.R.
3816) [16JY]
Conference reports
Energy and Water Development Appropriations (H.R. 3816) [12SE]
Motions offered by
Energy and water development: making appropriations (H.R. 3816)
[5SE]
Reports filed
Energy and Water Development Appropriations: Committee of
Conference (H.R. 3816) (H. Rept. 104-782) [12SE]
------Committee on Appropriations (House) (H.R. 3816) (H. Rept.
104-679) [16JY]
MYRICK, SUE (a Representative from North Carolina)
Bills and resolutions introduced by
Courts: sentencing guidelines for possession of a firearm during
commission of a crime (see H.R. 4181) [25SE]
[[Page 3104]]
Crime: punish false statements during debate on the floor of
either House of Congress (see H.R. 3996) [2AU]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Members of Congress: constitutional amendment relative to use of
false statements during official duties (see H.J. Res. 188)
[2AU]
Tariff: 2-amino-3-chlorobenzoic acid, methyl ester (see H.R. 2889)
[25JA]
Volunteer workers: allow State and local government workers to
perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
MYTON, UT
Bills and resolutions
Utah Division of Wildlife Resources: transfer lands (see H.R.
3627) [12JN]
NADLER, JERROLD (a Representative from New York)
Bills and resolutions introduced by
Aviation: require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
Civil liberties: religious accommodations in the workplace (see
H.R. 4117) [19SE]
FAA: regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
Financial institutions: enhance surveillance pictures for use in
criminal prosecutions (see H.R. 3533) [23MY]
Health: improve and expand clinical research programs (see H.R.
3587) [5JN]
------prohibit certain clauses in health plans that indemnify the
insurer against liability (see H.R. 3695) [20JN]
Insurance: prohibit use of financial incentives to encourage
health care practitioners to limit medical tests, services,
and treatments (see H.R. 3694) [20JN]
Ted Weiss U.S. Courthouse, New York, NY: designate (see H.R. 3941,
4042) [1AU] [10SE]
Terrorism: improve U.S. ability to respond to terrorist threats
(see H.R. 3071) [12MR]
NAFTA
see Treaties and Agreements
NARCOTICS
see Drugs
NATCHER, WILLIAM H. (a former Representative from Kentucky)
Reports filed
William H. Natcher Bridge Designation: Committee on Transportation
and Infrastructure (House) (H.R. 3572) (H. Rept. 104-626)
[18JN]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Bills and resolutions
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Messages
National Achievements in Aeronautics and Space: President Clinton
[26JN]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Bills and resolutions
National Historical Publications and Records Commission:
authorizing appropriations (see H.R. 3625) [12JN]
NATIONAL BROADCASTING CO. (NBC)
Bills and resolutions
Television: reservation of time for family-oriented programming
(see H. Res. 484) [18JY]
NATIONAL CANCER INSTITUTE
Bills and resolutions
Research: increase involvement of advocates in breast cancer
research (see H.R. 3583) [5JN]
NATIONAL CEMETERIES
related term(s) Cemeteries and Funerals
Bills and resolutions
Burial: clarify eligibility of certain minors (see H.R. 2850)
[4JA]
Crime: penalties for theft and malicious vandalism (see H.R. 3901)
[25JY]
NATIONAL CENTER FOR HISTORY IN THE SCHOOLS
Bills and resolutions
Education: express disapproval of the National Center for History
in the Schools standards for teaching U.S. and world history
(see H. Res. 348) [25JA]
NATIONAL CENTER FOR RURAL LAW ENFORCEMENT
Bills and resolutions
Establish (see H.R. 4140) [24SE]
NATIONAL CHARACTER COUNTS WEEK
Bills and resolutions
Designate (see H. Res. 413) [24AP]
NATIONAL COMMISSION ON RESTRUCTURING THE INTERNAL REVENUE SERVICE
Appointments
Members [22MY]
NATIONAL COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT
Appointments
Members [23JY]
NATIONAL COMMISSION ON THE LONG-TERM SOLVENCY OF THE MEDICARE PROGRAM
Bills and resolutions
Establish (see H.R. 3992) [2AU]
NATIONAL CREDIT UNION ADMINISTRATION
Bills and resolutions
Financial institutions: prohibit removal of certain members of the
National Credit Union Administration Board and the Board of
Directors of the FDIC (see H.R. 3976) [2AU]
NATIONAL DEBT
see Public Debt
NATIONAL ENDOWMENT FOR THE ARTS
Messages
Report: President Clinton [28MR] [12JN]
NATIONAL ENDOWMENT FOR THE HUMANITIES
Messages
Report: President Clinton [17AP]
NATIONAL ENVIRONMENTAL EDUCATION ACT
Bills and resolutions
Programs: extend (see H.R. 3645) [13JN]
NATIONAL ENVIRONMENTAL SCIENCE AND POLICY ACADEMY
Bills and resolutions
Feasibility study (see H.R. 4175) [25SE]
NATIONAL FILM PRESERVATION BOARD
Reports filed
Reauthorization: Committee on the Judiciary (House) (H.R. 1734)
(H. Rept. 104-558) [6MY]
NATIONAL FOOTBALL LEAGUE
Bills and resolutions
Favre, Brett: Most Valuable Player Award recipient (see H. Res.
335, 339) [5JA]
Green Bay Packers (football team): tribute (see H. Res. 335) [5JA]
Reports filed
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
NATIONAL FORESTS
Bills and resolutions
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
California: pilot project in the Plumas, Lassen, and Tahoe
National Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Forest Service: remove restrictions on acquisitions from other
Federal agencies for improved firefighting (see H.R. 3417)
[8MY]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
Mark Twain National Forest, MO: boundary adjustment (see H.R.
3464) [15MY]
National Forest Foundation: authorize and extend certain
activities (see H.R. 4171) [25SE]
San Isabel National Forest, CO: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Snoqualmie National Forest: expand boundaries (see H.R. 3497)
[21MY]
Talladega National Forest: designate certain lands as the Dugger
Mountain Wilderness (see H.R. 4087) [17SE]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Reports filed
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
Lake Tahoe Basin National Forest Designation: Committee on
Resources (House) (H.R. 2122) (H. Rept. 104-772) [4SE]
Mark Twain National Forest, MO, Boundary Adjustment: Committee on
Agriculture (House) (H.R. 3464) (H. Rept. 104-654) [8JY]
National Forests Timber Substitution for the Cancelled Elkhorn
Ridge Timber Sale: Committee on Resources (House) (H.R. 2711)
(H. Rept. 104-761) [4SE]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski Areas: Committee on
Resources (House) (H.R. 1527) (H. Rept. 104-516) [15AP]
Snoqualmie National Forest Boundary Expansion: Committee on
Resources (House) (H.R. 3497) (H. Rept. 104-816) [23SE]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
NATIONAL GEOLOGIC MAPPING ACT
Bills and resolutions
Reauthorize and amend (see H.R. 3198) [29MR]
Reports filed
Reauthorization: Committee on Resources (House) (H.R. 3198) (H.
Rept. 104-668) [11JY]
NATIONAL GUARD
Bills and resolutions
Federal employees: military uniform requirements for civilian
employees of the National Guard (see H.R. 3311) [24AP]
Law enforcement: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
Bills and resolutions
Appropriations: authorizing (see H.R. 3625) [12JN]
NATIONAL HOLIDAYS
see Special Days and Holidays
NATIONAL HOUSING ACT
Bills and resolutions
Housing: authorize, revise, and extend certain Federal programs
(see H.R. 3743) [27JN]
NATIONAL INFRASTRUCTURE DEVELOPMENT CORP.
Bills and resolutions
Establish (see H.R. 3162, 3168) [26MR] [27MR]
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING
Bills and resolutions
Establish (see H.R. 4196) [26SE]
[[Page 3105]]
NATIONAL INSTITUTE OF JUSTICE
Bills and resolutions
Law enforcement: designate as focal point for law enforcement
technology programs (see H. Con. Res. 227) [27SE]
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Bills and resolutions
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
NATIONAL INSTITUTES OF HEALTH
Bills and resolutions
Diseases: expand programs to research osteoporosis and related
bone diseases (see H.R. 3331) [25AP]
National Cancer Institute: increase involvement of advocates in
breast cancer research (see H.R. 3583) [5JN]
National Heart, Lung, and Blood Institute: expand and coordinate
activities on women's diseases (see H.R. 3001) [29FE]
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
Women: preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
NATIONAL INVASIVE SPECIES ACT
Bills and resolutions
Enact (see H.R. 4283) [28SE]
NATIONAL LABOR RELATIONS ACT
Bills and resolutions
Collective bargaining: permit additional remedies in certain
unfair labor practice cases (see H.R. 3764) [9JY]
Employment: protect employer rights (see H.R. 3211) [29MR]
NLRB: resolution of unfair labor practice complaints in a timely
manner (see H.R. 4247) [27SE]
NATIONAL LABOR RELATIONS BOARD
Bills and resolutions
Courts: allow individuals against whom injunctive relief is sought
an opportunity to review and respond to legal memoranda and
documents (see H.R. 3091) [14MR]
Employment: protect employer rights (see H.R. 3211) [29MR]
Labor rulings: resolution of unfair labor practice complaints in a
timely manner (see H.R. 4247) [27SE]
Messages
Veto of H.R. 743, Teamwork for Employees and Managers Act:
President Clinton [30JY]
NATIONAL LAKESHORES
Bills and resolutions
Pictured Rocks National Lakeshore: authorize improvements to a
county road and prohibit construction of a scenic shoreline
drive (see H.R. 2958) [1FE]
NATIONAL MARINE SANCTUARIES ACT
Bills and resolutions
Reauthorize (see H.R. 3487) [16MY]
Reports filed
Reauthorize: Committee on Resources (House) (H.R. 3487) (H. Rept.
104-717) [29JY]
NATIONAL MENTAL HEALTH PARITY ACT
Bills and resolutions
Enact (see H.R. 4045) [10SE]
Implementation (see H.R. 4135) [24SE]
NATIONAL MONUMENTS
see Monuments and Memorials
NATIONAL OBJECTIVES
related term(s) Domestic policy
Appointments
Conferees: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
------H.R. 3103, Health Insurance Portability and Accountability
Act [11JN]
------H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions
Budget: reform process (see H.R. 4285) [28SE]
Crime: development and implementation of national financial crimes
strategy (see H.R. 3931) [31JY]
------encourage cooperation between law enforcement agencies and
private sector security professionals (see H.R. 2996) [29FE]
------national policy to control crime and reform court procedures
(see H.R. 2992) [29FE]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
------use of certain grant funds to provide parental education
(see H.R. 3833) [17JY]
Education: develop elementary and secondary school curriculum
standards (see H.R. 3257) [16AP]
------improve quality of technical education in manufacturing and
vocational technologies (see H.R. 3191) [28MR]
------promote science and technology (see H.R. 3709) [25JN]
------restore equal educational opportunity (see H.R. 4304) [28SE]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
Health: assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------modify certain programs relative to minority women (see H.R.
3179) [27MR]
------national policy to provide health care and reform insurance
procedures (see H.R. 2893, 3013, 3063, 3070, 3103, 3130, 3160,
3185) [25JA] [5MR] [12MR] [18MR] [20MR] [26MR] [28MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
------national policy to provide health care to children and
pregnant women (see H.R. 3787) [11JY]
------require health plans to provide coverage (see H.R. 4110,
4300) [18SE] [28SE]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration (see H. Res. 384) [14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
Intelligence services: reorganize and reform management of
intelligence community (see H.R. 3237) [15AP]
Mental health: national policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4045, 4058)
[10SE] [11SE]
National Geologic Mapping Act: reauthorize and amend (see H.R.
3198) [29MR]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
National Mental Health Parity Act: implementation (see H.R. 4135)
[24SE]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Social Security: reform Federal old age, survivors, and disability
insurance benefits (see H.R. 3758) [9JY]
Telecommunications: reform policies regulating competition (S.
652), consideration of conference report (see H. Res. 353)
[31JA]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
Women: national policy to provide health care and reform insurance
procedures (see H.R. 3178) [27MR]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Small Business Job Protection Act (H.R. 3448) [1AU]
Telecommunications Act (S. 652) [31JA]
Messages
Economic Report: President Clinton [16FE]
National Drug Control Strategy: President Clinton [29AP]
Motions
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Reports filed
Blood Supply Protection From Infectious Diseases: Committee on
Government Reform and Oversight (House) (H. Rept. 104-746)
[2AU]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
[[Page 3106]]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
related term(s) Department of Commerce
Bills and resolutions
Oceans: improve coordination of Federal oceanographic programs
(see H.R. 3537) [29MY]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Messages
NOAA Office of Ocean and Coastal Resource Management: President
Clinton [9JY]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
NATIONAL PARK FOUNDATION
Bills and resolutions
Reform (see H.R. 3819) [16JY]
NATIONAL PARK SERVICE
related term(s) National Parks and Recreation Areas
Bills and resolutions
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Federal employees: improve housing of land management agency field
employees (see H.R. 2941) [1FE]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
National Park Foundation: reform (see H.R. 3819) [16JY]
National parks and recreation areas: require the President to
submit an appropriation request to provide priority funding
(see H.R. 3291) [23AP]
National Underground Railroad Freedom Center: coordinate programs
and enter into cooperative agreements (see H.R. 4073) [12SE]
Ohio: designate Fallen Timbers Battlefield, Fort Meigs, and Fort
Miamis as national historic sites (see H.R. 4174) [25SE]
Public lands: enhance conservation and protection of Boundary
Waters Canoe Area Wilderness and Voyageurs National Park (see
H.R. 3470) [16MY]
------provide disaster assistance loans for small businesses
operating within a national park or wildlife refuge that were
affected during recent Government shutdown (see H.R. 3044)
[7MR]
Sequoia National Forest: preservation of Giant Sequoia ecosystem
and increase recreational opportunities (see H.R. 3873) [23JY]
Sequoia National Park: renewal of cabin permits to heirs in
Mineral King Addition (see H.R. 3534) [23MY]
Tallgrass Prairie National Preserve: establish (see H.R. 4043)
[10SE]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3298, 3880) [23AP] [23JY]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Reports filed
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition: Committee on Resources (House) (H.R. 3534) (H.
Rept. 104-866) [3OC]
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
NATIONAL PARKS AND RECREATION AREAS
related term(s) Parks and Recreation Areas
Appointments
Conferees: H.R. 1296, Presidio facilities management [9MY]
Bills and resolutions
American Discovery Trail: establish (see H.R. 3250) [16AP]
Big Cypress National Preserve: operation of certain tour
businesses in newly acquired areas (see H.R. 3620) [12JN]
California: management of the Presidio facilities (see H.R. 4236)
[27SE]
------management of the Presidio facilities (H.R. 1296),
consideration of conference report (see H. Res. 536) [25SE]
Clinton, President: require submission of an appropriation request
to provide priority funding (see H.R. 3291) [23AP]
Dept. of the Interior: authorize entrance fees to secure bonds for
capital improvements (see H.R. 3788) [11JY]
Everglades National Park: designate Earnest F. Coe Visitor Center
(see H.R. 4241) [27SE]
Gates of the Arctic National Park and Preserve: land exchange
(H.R. 400), return to Senate (see H. Res. 554) [30SE]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
Haleakala National Park: funding for additions (see H.R. 2948)
[1FE]
Hudson and Mohawk Rivers National Historical Park: establish (see
H.R. 2849) [4JA]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
Marjory Stoneman Douglas Wilderness: designate (see H.R. 4241)
[27SE]
National Discovery Trails: establish (see H.R. 3250) [16AP]
National forests: authorize and extend certain activities of the
National Forest Foundation (see H.R. 4171) [25SE]
National Park Foundation: reform (see H.R. 3819) [16JY]
Oil Region National Heritage Area: establish (see H.R. 3596) [6JN]
Public lands: collection of fossils (see H.R. 2943) [1FE]
------enhance conservation and protection of Boundary Waters Canoe
Area Wilderness and Voyageurs National Park (see H.R. 3470)
[16MY]
------provide disaster assistance loans for small businesses
operating within a national park or wildlife refuge that were
affected during recent Government shutdown (see H.R. 3044)
[7MR]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
Sequoia National Forest: preservation of Giant Sequoia ecosystem
and increase recreational opportunities (see H.R. 3873) [23JY]
Sequoia National Park: renewal of cabin permits to heirs in
Mineral King Addition (see H.R. 3534) [23MY]
Sleeping Bear Dunes National Lakeshore: permit certain persons to
continue to use and occupy certain areas (see H.R. 3970, 4023)
[2AU] [4SE]
Southwest Montana Heritage and Recreation Area: establish (see
H.R. 3318) [24AP]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3298, 3880) [23AP] [23JY]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
Conference reports
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Motions
California: management of the Presidio facilities (H.R. 4236)
[28SE]
Reports filed
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition: Committee on Resources (House) (H.R. 3534) (H.
Rept. 104-866) [3OC]
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Highway Relocation Assistance Relative to the Chickamauga and
Chattanooga National Military Parks: Committee on Resources
(House) (H.R. 848) (H. Rept. 104-603) [4JN]
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
North Platte National Wildlife Refuge Boundary Adjustment:
Committee on Resources (House) (H.R. 2679) (H. Rept. 104-527)
[18AP]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
NATIONAL PHYSICAL FITNESS AND SPORTS FOUNDATION
Bills and resolutions
Establish: return to Senate (see H. Res. 545) [27SE]
NATIONAL RAILROAD PASSENGER CORP.
see Amtrak
NATIONAL RIFLE ASSOCIATION
Bills and resolutions
Alfred P. Murrah Federal Building: condemn holding of annual
convention on anniversary of bombing (see H. Res. 407) [18AP]
NATIONAL SCHOOL LUNCH ACT
Reports filed
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
NATIONAL SCIENCE FOUNDATION
Bills and resolutions
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516, 3951) [22MY]
[2AU]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
[[Page 3107]]
Messages
NSF Report: President Clinton [22MY]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
NATIONAL SECURITIES MARKETS IMPROVEMENT ACT
Conference reports
Provisions (H.R. 3005) [28SE]
Reports filed
Provisions: Committee of Conference (H.R. 3005) (H. Rept. 104-864)
[28SE]
NATIONAL SECURITY
related term(s) Department of Defense; Strategic Materials
Appointments
Conferees: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions
Armed Forces: limit placement under U.N. operational or tactical
control (see H.R. 3308) [24AP]
------limit placement under U.N. operational or tactical control
(H.R. 3308), consideration (see H. Res. 517) [4SE]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Computers: use, sale, and export of encryption products for
privacy and security (see H.R. 3011) [5MR]
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (see H.R. 3230) [15AP]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), consideration
(see H. Res. 430) [9MY]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), consideration of
conference report (see H. Res. 498) [31JY]
------authorizing military activities appropriations and
prescribing personnel strengths (S. 1124), consideration of
conference report (see H. Res. 340) [23JA]
------authorizing military construction appropriations (see H.R.
3231) [15AP]
------making appropriations (see H.R. 3610) [11JN]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration (see H. Res. 442) [29MY]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517),
consideration of conference report (see H. Res. 497) [31JY]
------making appropriations (H.R. 3610), consideration (see H.
Res. 453) [12JN]
------national missile defense system (see H.R. 3144) [21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
------repeal certain limitations on the operation of depots (see
H.R. 2852) [5JA]
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
Foreign policy: establish additional narcotics control
certification standards and reporting requirements for certain
illicit drug producing countries and drug-transit countries
(see H.R. 3689) [20JN]
------U.S. membership in regional South Pacific organizations (see
H. Con. Res. 189) [18JN]
Foreign trade: imposition of trade sanctions on countries which
threaten the U.S. policy on the reduction and interdiction of
illicit drugs (see H.R. 3023) [6MR]
Forrestal Institute: establish (see H.R. 2993) [29FE]
Government: threat to U.S. citizens and Government posed by armed
militia and paramilitary groups (see H. Con. Res. 206) [1AU]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
Intelligence services: reorganize and reform management of
intelligence community (see H.R. 3237) [15AP]
Korea, Democratic People's Republic of: infiltration of military
personnel into the Republic of Korea (see H. Con. Res. 224)
[27SE]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
Terrorism: develop technologies to combat (see H.R. 3960) [2AU]
------improve U.S. ability to respond to terrorist threats (see
H.R. 3071, 3409) [12MR] [7MY]
------improve U.S. ability to respond to terrorist threats (H.R.
2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
------U.S. policy (see H.R. 3953) [2AU]
------U.S. policy (H.R. 3953), consideration (see H. Res. 508)
[1AU]
Weapons: deployment policy for antiballistic missile systems (see
H.R. 3489) [16MY]
------detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (H.R. 3230) [30JY]
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (S. 1124) [22JA]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) [30JY]
Dept. of Defense Appropriations (H.R. 3610) [28SE]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
National Emergency Relative to Lapse of Export Administration Act:
President Clinton [4JN]
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons: President Clinton [14MY]
National Security Strategy: President Clinton [7MR]
Veto of H.R. 1530, Dept. of Defense Appropriations: President
Clinton [3JA]
Motions
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (H.R. 3230) [15MY] [17JY]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), conference report
[1AU]
------authorizing military activities appropriations and
prescribing personnel strengths (S. 1124) [5JA]
------making appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517) [26JY]
------making appropriations (H.R. 3610) [30JY]
------making appropriations (H.R. 3610), conference report [28SE]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [13MR] [14MR]
------improve U.S. ability to respond to terrorist threats (S.
735) [14MR]
Reports filed
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Consideration of Conference Report on H.R. 3230, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 498) (H. Rept.
104-732) [31JY]
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure: Committee on Rules (House) (H.
Res. 497) (H. Rept. 104-731) [31JY]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of Conference Report on S. 1124, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 340) (H. Rept.
104-451) [23JA]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR]
------Committee on Rules (House) (H. Res. 380) (H. Rept. 104-480)
[12MR]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
Consideration of H.R. 3230, Dept. of Defense Appropriations for
Military Activities and Personnel Strengths: Committee on
Rules (House) (H. Res. 430) (H. Rept. 104-570) [9MY]
Consideration of H.R. 3308, Limit Placement of Armed Forces Under
U.N. Operational or Tactical Control: Committee on Rules
(House) (H. Res. 517) (H. Rept. 104-774) [4SE]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure: Committee on Rules (House) (H. Res. 442) (H.
Rept. 104-599) [29MY]
Consideration of H.R. 3610, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 453) (H. Rept. 104-619)
[12JN]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Dept. of Defense Appropriations: Committee of Conference (H.R.
3610) (H. Rept. 104-863) [28SE]
------Committee on Appropriations (House) (H.R. 3610) (H. Rept.
104-617) [11JN]
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths: Committee of Conference (H.R. 3230) (H.
Rept. 104-724) [30JY]
------Committee of Conference (S. 1124) (H. Rept. 104-450) [22JA]
------Committee on National Security (House) (H.R. 3230) (H. Rept.
104-563) [7MY]
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure: Committee of
Conference (H.R. 3517) (H. Rept. 104-721) [30JY]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
Intelligence Community Reorganization and Reform: Committee on
National Security (House) (H.R. 3237) (H. Rept. 104-620)
[23JY]
Limit Placement of Armed Forces Under U.N. Operational or Tactical
Control: Committee on National Security (House) (H.R. 3308)
(H. Rept. 104-642) [27JN]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
NATIONAL TOURISM BOARD
Reports filed
U.S. National Tourism Organization Act: Committee on Commerce
(House) (H.R. 2579) (H. Rept. 104-839) [25SE]
[[Page 3108]]
NATIONAL TOURISM ORGANIZATION
Reports filed
U.S. National Tourism Organization Act: Committee on Commerce
(House) (H.R. 2579) (H. Rept. 104-839) [25SE]
NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
NATIONAL TRAILS
see Trails
NATIONAL TRAILS SYSTEM ACT
Bills and resolutions
American Discovery Trail: establish (see H.R. 3250) [16AP]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
National Discovery Trails: establish (see H.R. 3250) [16AP]
NATIONAL TRANSPORTATION SAFETY BOARD
Bills and resolutions
Appropriations: authorizing (see H.R. 3159) [26MR]
------authorizing (H.R. 3159), corrections in enrollment (see H.
Con. Res. 221) [26SE]
Aviation: requirements relative to families of passengers involved
in aircraft accidents (see H.R. 3923) [31JY]
Reports filed
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
NATIONAL WEATHER SERVICE
Bills and resolutions
Ojai, CA: relocation of radar tower (see H.R. 3523) [23MY]
NATIONAL WILDLIFE REFUGES
Bills and resolutions
National Wildlife Refuge System: improve management (H.R. 1675),
consideration (see H. Res. 410) [23AP]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement: Committee on Rules (House) (H. Res.
410) (H. Rept. 104-533) [23AP]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT
Bills and resolutions
Hawaii: repatriation of certain Native American remains (see H.R.
4084) [17SE]
NATIVE AMERICAN PROGRAMS ACT
Bills and resolutions
Native Americans: authorizing appropriations for certain programs
(see H.R. 3066) [12MR]
NATIVE AMERICANS
Bills and resolutions
Alaska: implement social and economic programs of Alaska Natives
(see H.R. 3973) [2AU]
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
Appropriations: authorizing for certain programs (see H.R. 3066)
[12MR]
BIA: establish pilot project to oversee issuance of bonds to
provide funding for construction of schools for Native
Americans (see H.R. 4151) [24SE]
------reorganization (see H.R. 3354) [30AP]
California: distribution of certain revenues from the Mineral
Springs parcel to certain members of the Agua Caliente Band of
Cahuilla Indians (see H.R. 3804) [12JY]
------settlement of issues and claims relative to trust lands of
the Torres-Martinez Desert Cahuilla Indians (see H.R. 3640)
[13JN]
------transfer of public lands to certain Indian tribes (see H.R.
3642) [13JN]
Families and domestic relations: exempt certain adoption and child
custody proceedings from coverage under the Indian Child
Welfare Act (see H.R. 3275) [18AP]
------exempt voluntary child custody proceedings from coverage
(see H.R. 3156) [22MR]
------promote adoption of minority children (H.R. 3286),
consideration (see H. Res. 428) [7MY]
------regulations relative to certain adoption and child custody
proceedings (see H.R. 3828) [16JY]
Federal aid programs: extend tribal authority to manage certain
Federal programs that directly benefit Native Americans (see
H.R. 3034) [6MR]
Florida: clarification of certain rights of the Miccosukee Tribe
(see H.R. 4199) [26SE]
Gambling: grant jurisdiction to the States over activities
conducted on Native American lands (see H.R. 3289) [23AP]
Gates of the Arctic National Park and Preserve: land exchange
(H.R. 400), return to Senate (see H. Res. 554) [30SE]
Government: administrative procedures for extension of Federal
recognition to certain Indian groups (see H.R. 2997) [29FE]
------repeal Indian trading laws (see H.R. 3215) [29MR]
Haskell Indian Nations University: enhance administrative
authority of president (see H.R. 4098) [17SE]
Hawaii: repatriation of certain Native American remains (see H.R.
4084) [17SE]
Housing: funding for programs relative to tribal self-governance
(see H.R. 3219) [29MR]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Institute of American Indian and Alaska Native Culture and Arts
Development: reform board appointment process (see H.R. 3049)
[7MR]
North Carolina: Federal recognition of the Lumbee Tribe (see H.R.
3810) [12JY]
Prairie Island Indian Community: revoke the charter of
incorporation (see H.R. 3068) [12MR]
Public lands: provide that certain tribal lands held in trust be
defined as entitlement land (see H.R. 4202) [26SE]
Real estate: require uniform appraisals of certain leaseholds of
restricted Indian lands (see H.R. 4260) [27SE]
Sioux Indian Nation: make available certain awarded funds to the
Santee Sioux Tribe of Nebraska (see H.R. 3595) [6JN]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
United Houma Nation: Federal recognition and settlement of land
claims (see H.R. 3671) [18JN]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Alaska Native Claims Settlement Act Amendments: Committee on
Resources (House) (H.R. 2505) (H. Rept. 104-797) [17SE]
Alaska Natives Social and Economic Programs Implementation:
Committee on Resources (House) (H.R. 3973) (H. Rept. 104-838)
[25SE]
California Land Conveyance to the Hoopa Valley Tribe: Committee on
Resources (House) (H.R. 2710) (H. Rept. 104-762) [4SE]
California Public Land Transfer to Certain Indian Tribes:
Committee on Resources (House) (H.R. 3642) (H. Rept. 104-767)
[4SE]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Goshute Indian Reservation Additional Lands: Committee on
Resources (House) (H.R. 2464) (H. Rept. 104-562) [7MY]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
Institute of American Indian and Alaska Native Culture and Arts
Development Board of Trustees Appointment Process: Committee
on Economic and Educational Opportunities (House) (H.R. 3049)
(H. Rept. 104-505) [28MR]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Resources (House) (H.R. 401) (H.
Rept. 104-756) [4SE]
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
Prairie Island Indian Community Charter of Incorporation
Revocation: Committee on Resources (House) (H.R. 3068) (H.
Rept. 104-584) [20MY]
Pueblo of Isleta Indian Tribe Land Claims Jurisdiction: Committee
on the Judiciary (House) (H.R. 740) (H. Rept. 104-694) [22JY]
Repeal Indian Trading Laws: Committee on the Judiciary (House)
(H.R. 3215) (H. Rept. 104-681) [17JY]
Settlement of Issues and Claims Relative to Trust Lands of the
Torres-Martinez Desert Cahuilla Indians: Committee on
Resources (House) (H.R. 3640) (H. Rept. 104-777) [5SE]
NATURAL GAS
related term(s) Power Resources
Bills and resolutions
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Taxation: incentives to encourage domestic production of oil and
gas (see H.R. 3410) [7MY]
------provide equivalent rates on liquefied natural gas and
compressed natural gas (see H.R. 3315) [24AP]
Transportation: increase use of natural gas as a fuel (see H.R.
4288) [28SE]
Reports filed
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
NATURAL RESOURCES
Appointments
Conferees: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Antarctic Treaty: implement Protocol on Environmental Protection
(see H.R. 3060) [12MR]
------implement Protocol on Environmental Protection (H.R. 3060),
technical corrections (see H. Con. Res. 211) [10SE]
California: enhance water quality and supply (see H.R. 4048)
[11SE]
------promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Collbaran reclamation project: land conveyance (see H.R. 3366)
[30AP]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
[[Page 3109]]
Electric power: establish a commission to minimize the
environmental impacts associated with electric utility
restructuring (see H.R. 3172) [27MR]
EPA: revise water quality criteria for ammonia (see H.R. 4107)
[18SE]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: designate (see H.R. 3387) [1MY]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
Myton, UT: transfer certain lands to Utah Division of Wildlife
Resources (see H.R. 3627) [12JN]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
------improve coordination of Federal oceanographic programs (see
H.R. 3537) [29MY]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
Taxation: incentives to encourage domestic production of oil and
gas (see H.R. 3410) [7MY]
Water: public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
Conference reports
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Messages
Alaska Mineral Resources Report: President Clinton [17AP]
NOAA Office of Ocean and Coastal Resource Management: President
Clinton [9JY]
Motions
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
National Forests Timber Substitution for the Cancelled Elkhorn
Ridge Timber Sale: Committee on Resources (House) (H.R. 2711)
(H. Rept. 104-761) [4SE]
Protocol on Environmental Protection to the Antarctic Treaty
Implementation: Committee on Science (House) (H.R. 3060) (H.
Rept. 104-593) [23MY]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
NAVY
see Department of Defense
NAZI PARTY--WORLD WAR II
Bills and resolutions
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
Reports filed
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
NEAL, RICHARD E. (a Representative from Massachusetts)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Taxation: treatment of beer (see H.R. 3997) [2AU]
NEALON, WILLIAM J.
Bills and resolutions
William J. Nealon U.S. Courthouse, Scranton, PA: designate (see
H.R. 3364) [30AP]
Reports filed
William J. Nealon U.S. Courthouse, Scranton, PA: Committee on
Transportation and Infrastructure (House) (H.R. 3364) (H.
Rept. 104-611) [6JN]
NEBRASKA
Bills and resolutions
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
Sioux Indian Nation: make available certain awarded funds to the
Santee Sioux Tribe of Nebraska (see H.R. 3595) [6JN]
Reports filed
North Platte National Wildlife Refuge Boundary Adjustment:
Committee on Resources (House) (H.R. 2679) (H. Rept. 104-527)
[18AP]
NEIGHBORHOODS
see Community Development; Urban Areas
NETDAY96
Bills and resolutions
Tribute (see H. Res. 521) [12SE]
NETHERCUTT, GEORGE (a Representative from Washington)
Appointments
Conferee: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Bills and resolutions introduced by
Agriculture: maintain foreign market development programs (see
H.R. 2950) [1FE]
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Family and Medical Leave Act: employer requirements (see H.R.
3296) [23AP]
Medicare: coverage of outpatient self-management training services
and blood-testing strips for persons with diabetes (see H.R.
4264) [27SE]
Public debt: provide that individuals entitled to payments from
the Government may designate those payments for deficit
reduction (see H.R. 3998) [2AU]
Taxation: application of the alternative minimum tax to
installment sales of farm property (see H.R. 4072) [12SE]
------deductibility of the old-age, survivors, and disability
insurance taxes paid by employees and self-employed
individuals (see H.R. 3427) [9MY]
------treatment of transitional payments under the Agricultural
Market Transition Act (see H.R. 3559) [30MY]
NEUMANN, MARK W. (a Representative from Wisconsin)
Appointments
Conferee: H.R. 3666, Depts. of Veterans Affairs and HUD, and
sundry independent agencies appropriations [11SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
Budget: setting forth the Federal budget for 1997-2002 (see H.
Con. Res. 174) [9MY]
Buy American Act: compliance relative to use of articles,
materials, and supplies abroad (see H.R. 4265) [27SE]
Public welfare programs: approval of waivers submitted by
Wisconsin to conduct ``Wisconsin Works'' project (see H.R.
3562) [4JN]
Social Security: computation rule application to workers attaining
age 65 in or after 1982 (see H.R. 2930) [1FE]
------investment of surplus from trust funds and protection from
public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 2928) [1FE]
NEVADA
Bills and resolutions
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Dept. of Energy: establish a National Test and Demonstration
Center of Excellence at the Nevada test site (see H.R. 2899)
[25JA]
Public lands: disposal and acquisition of certain lands (see H.R.
3127) [20MR]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Reports filed
Lake Tahoe Basin National Forest Designation: Committee on
Resources (House) (H.R. 2122) (H. Rept. 104-772) [4SE]
NEW, MICHAEL
Bills and resolutions
Dept. of Defense: reverse court-martial relative to refusal to
wear U.N. uniform insignia (see H. Con. Res. 134) [25JA]
NEW BORNS' AND MOTHERS' HEALTH PROTECTION ACT
Bills and resolutions
Implementation (see H.R. 4135) [24SE]
NEW HAMPSHIRE
Bills and resolutions
Bass, Representative: dismissal of election contest (see H. Res.
539) [26SE]
Berlin, NH: examine historical significance (see H.R. 4026) [5SE]
Roads and highways: increase truck weight limit on sections of
Maine Turnpike (see H.R. 3549) [29MY]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Dismissal of Election Contest Against Representative Bass:
Committee on House Oversight (House) (H. Res. 539) (H. Rept.
104-853) [26SE]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
NEW JERSEY
Bills and resolutions
Great Falls Historic District: establish (see H.R. 3911) [26JY]
Health: matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093)
[17SE]
Oceans: terminate ocean dumping at certain sites (see H.R. 4030,
4034) [5SE]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
NEW MEXICO
Bills and resolutions
Carlsbad Irrigation District: land conveyance (see H.R. 3258)
[17AP]
Dams: redesignate the Jemez Canyon Dam as Tamaya Dam (see H.R.
2989) [28FE]
Reports filed
Pueblo of Isleta Indian Tribe Land Claims Jurisdiction: Committee
on the Judiciary (House) (H.R. 740) (H. Rept. 104-694) [22JY]
NEW YORK, NY
Bills and resolutions
Lower East Side Tenement Museum National Historic Site: establish
(see H.R. 3628) [12JN]
[[Page 3110]]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4287)
[28SE]
Ronald H. Brown Federal Building: designate (see H.R. 3560) [30MY]
Ted Weiss U.S. Courthouse: designate (see H.R. 3941, 4042) [1AU]
[10SE]
NEW YORK (State)
Bills and resolutions
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
FERC: extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Hudson and Mohawk Rivers National Historical Park: establish (see
H.R. 2849) [4JA]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4030, 4034) [5SE]
Noise pollution: restrictions and requirements on aircraft
operations at certain metropolitan airports (see H.R. 4093,
4287) [17SE] [28SE]
Queens County, NY: declare certain areas as nonnavigable waters
(see H.R. 2987) [28FE]
Ronald H. Brown Federal Building, New York, NY: designate (see
H.R. 3560) [30MY]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
Reports filed
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
NEWS MEDIA
Bills and resolutions
Immigration: provide special status for certain alien journalists
working in Hong Kong (see H.R. 4156) [24SE]
NEY, BOB (a Representative from Ohio)
Bills and resolutions introduced by
Appropriations: making continuing (H.R. 3019), waiving enrollment
requirements (see H.J. Res. 168) [26MR]
Floods: participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3013) [5MR]
House of Representatives: enactment of certain legislation (H.R.
3136), waiving enrollment requirements (see H.J. Res. 168)
[26MR]
Medicare: permit geographic reclassification of hospitals relative
to payment adjustments (see H.R. 3942) [1AU]
Public debt: ceiling (H.R. 3136), waiving enrollment requirements
(see H.J. Res. 168) [26MR]
Steubenville, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 4021) [4SE]
NICARAGUA, REPUBLIC OF
Bills and resolutions
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 518, 520) [11SE]
NINILCHIK NATIVE ASSOCIATION, INC.
Reports filed
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
NOISE POLLUTION
related term(s) Pollution
Bills and resolutions
Aviation: restrictions and requirements on aircraft operations at
certain metropolitan airports (see H.R. 4093, 4287) [17SE]
[28SE]
EPA: reestablish the Office of Noise Abatement and Control (see
H.R. 4308) [28SE]
NONPROFIT ORGANIZATIONS
related term(s) Tax-Exempt Organizations
Bills and resolutions
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Corporations: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
Correctional institutions: use of Federal prison labor by
nonprofit entities (see H.R. 3776) [10JY]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
National Park Foundation: reform (see H.R. 3819) [16JY]
Taxation: contribution limits for certain pension plans (see H.R.
3209) [29MR]
Motions
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
Reports filed
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
Use of Federal Funding by Local Governments and Nonprofit
Organizations in Accordance With Approved Local Flexibility
Plans: Committee on Government Reform and Oversight (House)
(H.R. 2086) (H. Rept. 104-847) [26SE]
NORTH ATLANTIC TREATY ORGANIZATION (NATO)
Bills and resolutions
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
Europe: membership of Central and East European countries (see
H.R. 3564, 4096) [4JN] [17SE]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
------treatment of Armed Forces members performing services in
Somalia (see H.R. 4179) [25SE]
NORTH CAROLINA
Bills and resolutions
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Lumbee Tribe: Federal recognition (see H.R. 3810) [12JY]
Rose, Representative: dismissal of election contest (see H. Res.
538) [26SE]
Swain County, NC: settlement of claims against the Federal
Government (see H.R. 4112) [18SE]
Reports filed
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina: Committee on Commerce (House) (H.R.
2773) (H. Rept. 104-510) [28MR]
NORTH DAKOTA
Bills and resolutions
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
NORTH KOREA
see Korea, Democratic People's Republic of
NORTH POLE
see Arctic Regions
NORTHERN IRELAND
see United Kingdom of Great Britain and Northern Ireland
NORTHERN MARIANA ISLANDS, COMMONWEALTH OF
Bills and resolutions
House of Representatives: provide for a nonvoting delegate from
the Northern Mariana Islands (see H.R. 3879, 4067) [23JY]
[12SE]
Reports filed
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives: Committee on Resources
(House) (H.R. 4067) (H. Rept. 104-856) [27SE]
NORTON, ELEANOR HOLMES (a Delegate from the District of Columbia)
Bills and resolutions introduced by
Business and industry: provide leave for employees relative to
adopted or foster children (see H.R. 3681) [19JN]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
Corps of Engineers: authorize capital improvements for the
Washington Aqueduct (see H.R. 2917) [31JA]
District of Columbia: making continuing appropriations (see H.J.
Res. 154) [3JA]
------treatment of employees relative to participation in
political campaigns (see H.R. 3918) [30JY]
------treatment of pension funds relative to certain public
employees (see H.R. 3389) [2MY]
------waive reduction for early retirement to assist in workforce
downsizing efforts (see H.R. 3336) [25AP]
Medicaid: waiver of enrollment composition rule for the District
of Columbia Chartered Health Plan (see H.R. 3264) [17AP]
Taxation: treatment of District of Columbia residents (see H.R.
3244, 4155) [15AP] [24SE]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
NORWOOD, CHARLIE (a Representative from Georgia)
Bills and resolutions introduced by
Colleges and universities: participation by historically black
graduate professional schools in certain education grant
programs (see H.R. 3055) [7MR]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: designate (see H.R. 3387) [1MY]
NUCLEAR ENERGY
related term(s) Nuclear Regulatory Commission; Nuclear Weapons; Power
Resources; Radioactive Substances
Bills and resolutions
Appropriations: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Dept. of Defense: exempt from metric system requirements relative
to nuclear facilities (see H.R. 3164) [26MR]
Dept. of Energy: establish a National Test and Demonstration
Center of Excellence at the Nevada test site (see H.R. 2899)
[25JA]
------suspend reprocessing activities for spent nuclear fuel and
radioactive target materials (see H. Con. Res. 197) [10JY]
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Ukraine: anniversary of the Chornobyl nuclear reactor accident
(see H. Con. Res. 167) [24AP]
Messages
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy: President Clinton [19MR]
[[Page 3111]]
Reports filed
Waste Isolation Pilot Plant Land Withdrawal Act Amendments:
Committee on Commerce (House) (H.R. 1663) (H. Rept. 104-540)
[25AP]
NUCLEAR REGULATORY COMMISSION
related term(s) Nuclear Energy
Bills and resolutions
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
NUCLEAR WEAPONS
related term(s) Nuclear Energy; Weapons
Bills and resolutions
China, People's Republic of: U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
Dept. of Defense: exempt from metric system requirements relative
to nuclear facilities (see H.R. 3164) [26MR]
------funding reductions (see H.R. 3202) [29MR]
Dept. of Energy: establish a National Test and Demonstration
Center of Excellence at the Nevada test site (see H.R. 2899)
[25JA]
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
National security: national missile defense system (see H.R. 3144)
[21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
Weapons: deployment policy for antiballistic missile systems (see
H.R. 3489) [16MY]
Messages
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons: President Clinton [14MY]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
NURSES
see Health Care Professionals
NURSING HOMES
see Health Care Facilities
NUSSLE, JIM (a Representative from Iowa)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
OBERSTAR, JAMES L. (a Representative from Minnesota)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Conferee: H.R. 3539, FAA programs reauthorization [24SE]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions introduced by
Boundary Waters Canoe Area Wilderness: improve access and use (see
H.R. 3297) [23AP]
Coast Guard: cost estimate for the engineering, design and
retrofitting of the icebreaker Mackinaw (see H.R. 4081) [17SE]
Medicaid: reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
Railroads: improve rail transportation safety (see H.R. 3578)
[5JN]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3298, 3880) [23AP] [23JY]
OBEY, DAVID R. (a Representative from Wisconsin)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
Appropriations: making continuing (see H.J. Res. 138, 139, 140,
141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152,
157) [3JA] [23JA]
Education: provide financial aid grants for certain colleges and
technical schools (see H.R. 3919) [30JY]
Elections: campaign ethics reform and contribution limits (see
H.R. 3588) [5JN]
Public welfare programs: ensure States have sufficient funds to
assure effectiveness of work requirements of certain programs
(see H.R. 3999) [2AU]
Motions offered by
Appropriations: making continuing (H.J. Res. 165) [21MR]
------making continuing (H.R. 3019) [7MR] [21MR]
Bulgaria: most-favored-nation status (H.R. 1643) [5JA]
------most-favored-nation status (H.R. 1643), consideration of
motion to dispose of the Senate amendment (H. Res. 334) [5JA]
Dept. of the Interior and related agencies: making appropriations
(H.R. 3662) [20JN]
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675) [5SE]
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (H.R. 3814) [24JY]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
Energy and water development: making appropriations (H.R. 3816),
conference report [12SE]
OBSCENITY
see Pornography
OCCUPATIONAL SAFETY AND HEALTH
related term(s) Safety
Bills and resolutions
Construction industries: use of inspectors that meet standards
established by the Dept. of Labor (see H.R. 3216) [29MR]
Motor vehicles: remove limitations on maximum driving and on-duty
time of utility vehicle operators and drivers (see H.R. 3480,
3492) [16MY]
Occupational Safety and Health Act: amend (see H.R. 3234) [15AP]
------establish peer review of standards (see H.R. 4178) [25SE]
Reports filed
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
OCCUPATIONAL SAFETY AND HEALTH ACT
Bills and resolutions
Amend (see H.R. 3234) [15AP]
Standards: establish peer review (see H.R. 4178) [25SE]
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Bills and resolutions
Construction industries: use of inspectors that meet standards
established by the Dept. of Labor (see H.R. 3216) [29MR]
Occupational Safety and Health Act: amend (see H.R. 3234) [15AP]
------establish peer review of standards (see H.R. 4178) [25SE]
OCEAN SHIPPING REFORM ACT
Bills and resolutions
Enact (H.R. 2149): consideration (see H. Res. 419) [30AP]
Reports filed
Consideration of H.R. 2149, Provisions: Committee on Rules (House)
(H. Res. 419) (H. Rept. 104-544) [30AP]
OCEANS
Bills and resolutions
Beaches: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
Coast Guard: extend use of divers for search and rescue efforts
(see H.R. 4101) [17SE]
Coastal zones: clarify Corps of Engineers responsibilities to
promote and carry out shore protection projects (see H.R.
3551) [29MY]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
Domestic policy: establish a national oceanographic partnership
program (see H.R. 3303) [23AP]
Federal oceanographic programs: improve coordination (see H.R.
3537) [29MY]
Foreign policy: U.S. membership in regional South Pacific
organizations (see H. Con. Res. 189) [18JN]
Government regulations: reduce regulations on international
transportation and eliminate the Federal Maritime Commission
(H.R. 2149), consideration (see H. Res. 419) [30AP]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4030, 4034) [5SE]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
Water pollution: State waivers from secondary treatment
requirements for certain ocean discharges (see H.R. 3299)
[23AP]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 4283) [28SE]
Reports filed
Coastal Zone Management Act Reauthorization: Committee on
Resources (House) (H.R. 1965) (H. Rept. 104-521) [16AP]
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
OFFICE OF FAIR EMPLOYMENT PRACTICES
Appointments
Review Panel [9JY]
OFFICE OF GOVERNMENT ETHICS
Bills and resolutions
Authorization: extend (see H.R. 3235) [15AP]
Reports filed
Authorization Extension: Committee on the Judiciary (House) (H.R.
3235) (H. Rept. 104-595) [29MY]
[[Page 3112]]
OFFICE OF MANAGEMENT AND BUDGET
Bills and resolutions
Electronics: establish data reporting standards (see H.R. 3869)
[23JY]
OFFICE OF PERSONNEL MANAGEMENT
related term(s) Federal Employees
Bills and resolutions
District of Columbia: waive reduction for early retirement to
assist in workforce downsizing efforts (see H.R. 3336) [25AP]
Federal employees: reduce administrative costs and improve
services relative to relocation allowances (see H.R. 3637)
[13JN]
------require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Office of Federal Investigation: delay privatization (see H.R.
3189) [28MR]
OHIO
Bills and resolutions
Historic buildings and sites: designate Fallen Timbers
Battlefield, Fort Meigs, and Fort Miamis as national historic
sites (see H.R. 4174) [25SE]
Mariemont, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 3072) [12MR]
Steubenville, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 4021) [4SE]
Sunbury, OH: designate as Flagville, U.S.A. (see H.J. Res. 185)
[18JY]
Reports filed
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio: Committee on Commerce (House) (H.R. 2816) (H.
Rept. 104-511) [28MR]
OJAI, CA
Bills and resolutions
National Weather Service: relocation of radar tower near Ojai, CA
(see H.R. 3523) [23MY]
OKLAHOMA
Bills and resolutions
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
Washita Battlefield National Historic Site: establish (see H.R.
3099) [14MR]
OKLAHOMA CITY, OK
Bills and resolutions
National Rifle Association: condemn holding of annual convention
on anniversary of Alfred P. Murrah Federal Building bombing
(see H. Res. 407) [18AP]
OLDER AMERICANS ACT
Reports filed
Reauthorization: Committee on Economic and Educational
Opportunities (H.R. 2570) (H. Rept. 104-539) [25AP]
OLYMPIC GAMES
related term(s) Sports
Bills and resolutions
Capitol Building and Grounds: authorizing use of Grounds for
Summer Olympics torch relay (see H. Con. Res. 172) [7MY]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Reports filed
Use of Capitol Grounds for Summer Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
172) (H. Rept. 104-608) [6JN]
OMAHA, NE
Bills and resolutions
Roman L. Hruska U.S. Courthouse: designate (see H.R. 3400) [7MY]
Reports filed
Roman L. Hruska U.S. Courthouse: Committee on Transportation and
Infrastructure (House) (H.R. 3400) (H. Rept. 104-610) [6JN]
OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT
Bills and resolutions
Enact (see H.R. 4236) [27SE]
Motions
Enact (H.R. 4236) [28SE]
OMNIBUS TERRITORIES ACT
Bills and resolutions
Enact (see H.R. 3721) [26JN]
OREGON
Bills and resolutions
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Monuments and memorials: prohibit extension or establishment of
any national monument in Oregon without public participation
and an express act of Congress (see H.R. 4294) [28SE]
Public lands: transfer of Oregon and California Railroad Grant
Lands, Coos Bay Military Wagon Road Grant Lands, and public
domain lands (see H.R. 3769) [10JY]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
William L. Jess Dam and Intake Structure, Jackson County, OR:
designate (see H.R. 3875) [23JY]
Reports filed
Hells Canyon Wilderness Area Boundary Modification: Committee on
Resources (House) (H.R. 2693) (H. Rept. 104-779) [9SE]
Irrigation District Boundaries Within the Umatilla Basin, OR:
Committee on Resources (House) (H.R. 2392) (H. Rept. 104-860)
[28SE]
OREGON AND CALIFORNIA RAILROAD
Bills and resolutions
Oregon: transfer of Oregon and California Railroad Grant Lands,
Coos Bay Military Wagon Road Grant Lands, and public domain
lands (see H.R. 3769) [10JY]
ORGAN DONORS
see Health
ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT
Bills and resolutions
Treaties and agreements: congressional approval and implementation
of shipbuilding trade agreement (H.R. 2754), consideration
(see H. Res. 448) [6JN]
Reports filed
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
ORTIZ, SOLOMON P. (a Representative from Texas)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
ORTON, BILL (a Representative from Utah)
Bills and resolutions introduced by
Dutch John, UT: dispose of certain Federal properties and assist
local government in the interim delivery of basic services
(see H.R. 3486) [16MY]
Monuments and memorials: require an act of Congress to extend or
establish any national monuments (see H.R. 4214) [26SE]
Myton, UT: transfer certain lands to Utah Division of Wildlife
Resources (see H.R. 3627) [12JN]
Taxation: treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
Motions offered by
Government: ceiling (H.R. 3136) [28MR]
Public debt: ceiling (H.R. 3136) [28MR]
OUTER CONTINENTAL SHELF
Bills and resolutions
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Reports filed
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
OVERLAND, MO
Bills and resolutions
Sammy L. Davis Federal Building: designate (see H.R. 3186) [28MR]
Reports filed
Sammy L. Davis Federal Building: Committee on Transportation and
Infrastructure (House) (H.R. 3186) (H. Rept. 104-609) [6JN]
OVERSEAS PRIVATE INVESTMENT CORP.
Bills and resolutions
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
Reports filed
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
OWENS, MAJOR R. (a Representative from New York)
Appointments
Conferee: H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions introduced by
Education: deny funds to education programs that allow corporal
punishment (see H.R. 2918) [31JA]
Health: provide information and protect patients' rights relative
to medical care (see H.R. 4315) [28SE]
OXLEY, MICHAEL G. (a Representative from Ohio)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Federal employees: relief of certain former spouses (see H.R.
3428) [9MY]
FTC: authorizing appropriations (see H.R. 3553) [30MY]
OZONE
see Ecology and Environment
PACKARD, RON (a Representative from California)
Appointments
Conferee: H.R. 3540, foreign operations, export financing, and
related programs appropriations [30JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Legislative branch of the Government: making appropriations (see
H.R. 3754) [8JY]
Conference reports
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Reports filed
Legislative Branch of the Government Appropriations: Committee of
Conference (H.R. 3754) (H. Rept. 104-733) [31JY]
------Committee on Appropriations (House) (H.R. 3754) (H. Rept.
104-657) [8JY]
PALESTINE LIBERATION ORGANIZATION
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
Terrorism: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
Messages
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
PALESTINIANS
Messages
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
PALLONE, FRANK, JR. (a Representative from New Jersey)
Bills and resolutions introduced by
Beaches: improve quality of coastal recreation waters (see H.R.
3789) [11JY]
Belarus: independence anniversary (see H. Con. Res. 163) [17AP]
Chemicals: regulatory requirements relative to child safety (see
H.R. 4234) [27SE]
Government: improve debt-collection and credit evaluation
practices (see H.R. 3809) [12JY]
Great Falls Historic District: establish (see H.R. 3911) [26JY]
Medicare: pharmaceutical care services (see H.R. 3757) [8JY]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4030) [5SE]
[[Page 3113]]
Power resources: provide moratorium on retail wheeling of electric
energy relative to transboundary pollution (see H.R. 4316)
[28SE]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
Water: sediments decontamination technology (see H.R. 3112) [19MR]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
Motions offered by
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR]
PALMETTO, TX
Bills and resolutions
Dept. of the Interior: transfer Palmetto Bend Project (see H.R.
3822) [16JY]
PANAMA CANAL
Bills and resolutions
Appropriations: authorizing for operation and maintenance (see
H.R. 3282) [22AP]
PANAMA CANAL COMMISSION
Bills and resolutions
Panama Canal: authorizing appropriations for operation and
maintenance (see H.R. 3282) [22AP]
PANG, MARTIN
Bills and resolutions
Brazil: extradition to the U.S. (see H. Con. Res. 132) [5JA]
PAPERWORK REDUCTION ACT
Bills and resolutions
Ethnic groups: use of term ``multiracial or multiethnic'' on
classification lists (see H.R. 3920) [30JY]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
------reduce Federal paperwork burden relative to small businesses
(see H.R. 3607, 4033) [10JN] [5SE]
Reports filed
Consideration of H.R. 2715, Amendments: Committee on Rules (House)
(H. Res. 409) (H. Rept. 104-532) [23AP]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
PARKER, MIKE (a Representative from Mississippi)
Appointments
Conferee: H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS: designate
(see H.R. 3253) [16AP]
PARKS AND RECREATION AREAS
Bills and resolutions
Boundary Waters Canoe Area Wilderness: improve access and use (see
H.R. 3297) [23AP]
Calumet Ecological Park: feasibility study (see H.R. 3412) [8MY]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
Haleakala National Park: funding for additions (see H.R. 2948)
[1FE]
Public lands: collection of fossils (see H.R. 2943) [1FE]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
San Francisco, CA: recognize the significance of the AIDS Memorial
Grove in Golden Gate Park (see H.R. 3193) [28MR]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Reports filed
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
Snowbasin Ski Area, UT, Land Exchange: Committee on Resources
(House) (H.R. 2824) (H. Rept. 104-493) [25MR]
PAROLE COMMISSION PHASEOUT ACT
Reports filed
Provisions: Committee on the Judiciary (House) (S. 1507) (H. Rept.
104-789) [16SE]
PASSPORTS
Bills and resolutions
Lebanon: restrictions on travel and the use of U.S. passports (see
H. Res. 390) [22MR]
PATENTS
related term(s) Copyrights
Bills and resolutions
China, People's Republic of: increased tariffs relative to
intellectual property rights (see H.R. 3421) [8MY]
------membership in World Trade Organization relative to
protection of intellectual property rights (see H. Res. 429)
[9MY]
Foreign trade: prevent intellectual property piracy of databases
(see H.R. 3531) [23MY]
Intellectual Property Assembly of the Americas: establish (see
H.R. 3808) [12JY]
Patent and Trademark Office: convert to Government corporation
(see H.R. 3460) [15MY]
Ships and vessels: protect hull designs from unauthorized
duplication (see H.R. 4159) [24SE]
Reports filed
Patent and Trademark Office Conversion to Government Corporation:
Committee on the Judiciary (House) (H.R. 3460) (H. Rept. 104-
784) [12SE]
PATERSON, NJ
Bills and resolutions
Great Falls Historic District: establish (see H.R. 3911) [26JY]
PATRIOTISM
Bills and resolutions
Army Reserves: designate wearing of army uniforms annually on
April 23 (see H. Con. Res. 168) [30AP]
Barry, John: recognize as first flag officer of the U.S. Navy (see
H.J. Res. 196) [26SE]
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Capitol Building and Grounds: recognize contributions of all
American citizens in the National Statuary Hall (see H. Con.
Res. 158) [29MR]
Flag--U.S.: constitutional amendment to prohibit desecration (see
H.J. Res. 177) [30AP]
------copyright and impose criminal penalties for desecration (see
H.R. 3883) [23JY]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
Sunbury, OH: designate as Flagville, U.S.A. (see H.J. Res. 185)
[18JY]
PAXON, BILL (a Representative from New York)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Bills and resolutions introduced by
Dept. of HHS: application for waiver of certain AFDC and Medicaid
demonstration projects (see H.R. 3696) [20JN]
Tariff: footwear (see H.R. 2890) [25JA]
PAYNE, DONALD M. (a Representative from New Jersey)
Appointments
Advisory Commission on Intergovernmental Relations [15AP]
Bills and resolutions introduced by
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Sudan: prohibit foreign aid or arms transfers until elimination of
chattel slavery (see H.R. 3766) [9JY]
Zaire: democracy efforts (see H. Res. 399) [29MR]
PEACE
Bills and resolutions
Armed Forces: limit placement under U.N. operational or tactical
control (see H.R. 3308) [24AP]
------limit placement under U.N. operational or tactical control
(H.R. 3308), consideration (see H. Res. 517) [4SE]
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
Turkey: conflict resolution between Government and Kurdish
militants (see H. Con. Res. 136) [25JA]
Messages
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
Reports filed
Consideration of H.R. 3308, Limit Placement of Armed Forces Under
U.N. Operational or Tactical Control: Committee on Rules
(House) (H. Res. 517) (H. Rept. 104-774) [4SE]
Limit Placement of Armed Forces Under U.N. Operational or Tactical
Control: Committee on National Security (House) (H.R. 3308)
(H. Rept. 104-642) [27JN]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
PEACE CORPS
Bills and resolutions
Anniversary (see H.J. Res. 158) [31JA]
PELOSI, NANCY (a Representative from California)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions introduced by
China, People's Republic of: increased tariffs relative to
intellectual property rights (see H.R. 3421) [8MY]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
San Francisco, CA: recognize the significance of the AIDS Memorial
Grove in Golden Gate Park (see H.R. 3193) [28MR]
PENNSYLVANIA
Bills and resolutions
Clarion River: designate certain segments as components of Wild
and Scenic Rivers System (see H.R. 3568) [4JN]
Oil Region National Heritage Area: establish (see H.R. 3596) [6JN]
Social Security: modification of State agreement relative to
certain students (see H.R. 3450) [14MY]
Reports filed
Designate Certain Segments of the Clarion River, PA, as Components
of the Wild and Scenic Rivers System: Committee on Resources
(House) (H.R. 3568) (H. Rept. 104-825) [24SE]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania: Committee on Commerce (House) (H.R.
2695) (H. Rept. 104-509) [28MR]
PENSIONS
related term(s) Income
Bills and resolutions
AID: provide voluntary separation incentives to reduce employment
levels (see H.R. 3870) [23JY]
Armed Forces: revise payment of retired pay to former spouses of
retired members (see H.R. 3408) [7MY]
Budget: sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
Business and industry: ensure economic equity for women (see H.R.
3857) [18JY]
[[Page 3114]]
------prohibit certain transaction rules relative to 401(k)
pension plans (see H.R. 3688) [20JN]
Children and youth: establish child retirement accounts (see H.R.
4253) [27SE]
Commission on Retirement Income Policy: establish (see H.R. 3077)
[13MR]
Dept. of Defense: early deferred annuities for certain employees
who are separated from service due to defense base closures
(see H.R. 3279) [18AP]
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
District of Columbia: treatment of pension funds relative to
certain public employees (see H.R. 3389) [2MY]
------waive reduction for early retirement to assist in workforce
downsizing efforts (see H.R. 3336) [25AP]
Employment: enhance and protect retirement savings (see H.R. 4321)
[28SE]
------provide for retirement savings and security (see H.R. 3520,
3708) [23MY] [25JN]
------treatment of temporary and part-time workers (see H.R. 3682)
[19JN]
ERISA: amend rules governing litigation relative to retiree health
benefits (see H.R. 4237) [27SE]
Federal employees: allow loans under the Thrift Savings Plan for
child adoption expenses (see H.R. 3129) [20MR]
------extend health insurance and survivor annuity benefits to
certain former spouses (see H.R. 4153) [24SE]
------pension eligibility of former spouses who remarry (see H.R.
3574) [4JN]
------provide voluntary separation incentives to reduce employment
levels (see H.R. 3532) [23MY]
------treatment of deferred annuities during time between
separation from Government service and when payments commence
(see H.R. 2978) [27FE]
------treatment of survivor annuities for children relative to
marriage (see H.R. 2858) [5JA]
Income: promote availability of private pensions (see H.R. 4005)
[2AU]
Law enforcement officers: ensure benefits for chaplains killed in
the line of duty (see H.R. 3647) [13JN]
Members of Congress: deny Federal retirement annuities to Members
convicted of felonies (see H.R. 3310, 3447, 4011) [24AP]
[10MY] [2AU]
------retirement eligibility (see H.R. 3887) [24JY]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Railroad Retirement Board: prevent the canceling of annuities to
certain divorced spouses of workers whose widows elect to
receive lump sum payments (see H.R. 2942) [1FE]
Railroads: making continuing appropriations for railroad
retirement benefits (see H.J. Res. 156) [4JA]
Senior citizens: improvements relative to financial security (see
H.R. 3125) [20MR]
Social Security: allow diversion of percentage of payroll tax
payments into personal investment plans (see H.R. 2953) [1FE]
Social Security Administration: develop plan with the IRS to
eliminate mismatching of earnings information (see H.R. 4274)
[28SE]
Taxation: contribution limits for certain pension plans (see H.R.
3209) [29MR]
------modify the application of pension nondiscrimination rules to
governmental plans (see H.R. 4099) [17SE]
------permit penalty-free withdrawals from certain retirement
accounts by unemployed individuals (see H.R. 3807) [12JY]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of certain capital gains deposited in individual
retirement accounts (see H.R. 3550) [29MY]
------treatment of deferred compensation plans of State and local
governments (see H.R. 3316) [24AP]
Veterans: increase service-connected disability benefits for
veterans and survivors (see H.R. 3458) [15MY]
------permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
Women: comprehensive pension protection (see H.R. 4204) [26SE]
------treatment of pensions relative to spouses and former spouses
(see H.R. 3510, 3511) [22MY]
Messages
Railroad Retirement Board: President Clinton [27SE]
Retirement Savings and Security Act: President Clinton [23MY]
Reports filed
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
PERIODICALS
see Publications
PERKINS COUNTY, SD
Bills and resolutions
Water: construction of rural water system (see H.R. 3986) [2AU]
PERMANENT PERFORMANCE REVIEW COMMISSION
Bills and resolutions
Establish (see H.R. 3982) [2AU]
PEROT, H. ROSS
Bills and resolutions
Political campaigns: inclusion in Presidential debates (see H.
Res. 555) [30SE]
PERSIAN GULF CONFLICT
related term(s) War
Bills and resolutions
Dept. of Veterans Affairs: priority health care to certain
veterans exposed to hazardous or radioactive substances (see
H.R. 3643) [13JN]
FDA: review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
Hazardous substances: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
Veterans: priority health care to individuals who served in Israel
or Turkey during the Persian Gulf Conflict (see H.R. 3418)
[8MY]
Reports filed
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY ACT
Messages
Veto of H.R. 4, Provisions: President Clinton [22JA]
PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT
Bills and resolutions
Public welfare programs: modify laws relative to public assistance
and benefits for aliens (see H.R. 4335) [30SE]
------treatment of legal immigrants (see H.R. 4122) [19SE]
PESTICIDES
related term(s) Agriculture
Bills and resolutions
Antimicrobial pesticides: reform registration (see H.R. 3338)
[25AP]
Minor use: definition and regulation (H.R. 1627), consideration
(see H. Res. 443) [29MY]
Reports filed
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Food Quality Protection Act: Committee on Commerce (House) (H.R.
1627) (H. Rept. 104-669) [23JY]
PETERSON, COLLIN C. (a Representative from Minnesota)
Bills and resolutions introduced by
EPA: revise water quality criteria for ammonia (see H.R. 4107)
[18SE]
Railroads: making continuing appropriations for railroad
retirement benefits (see H.J. Res. 156) [4JA]
Veterans: presumption of service connection for certain diseases
and disabilities relative to exposure to carbon tetrachloride
(see H.R. 2891) [25JA]
Motions offered by
Agriculture: improve operation of certain programs (H.R. 2854)
[14MR]
PETERSON, DOUGLAS ``PETE'' (a Representative from Florida)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Bills and resolutions introduced by
Health: national policy to provide health care and reform
insurance procedures (see H.R. 3130) [20MR]
Two Can (vessel): certificate of documentation (see H.R. 3040)
[6MR]
PETITIONS AND MEMORIALS
Transmittals
Abilene, TX: transportation infrastructure [27MR]
Alaska: constitutional amendment relative to victims rights [25JN]
------Court of Appeals Twelfth Judicial Circuit [26JN]
------EPA toxics release inventory program expansion [26JN]
------Tenth Amendment Enforcement Act [26JN]
Association of Hawaiian Civic Clubs: funding and reauthorization
of native Hawaiian programs [11JY]
California: child support enforcement [5JA]
------Corps of Engineers involvement in flood control projects
[5JA]
------cultural antiquities [5JA]
------forced labor [27MR]
------human rights violations and political oppression in Vietnam
[5JA]
------illegal or undocumented alien prisoners [27JN]
------National Spaceport Program [22JA]
------Pearl Harbor Memorial dedication in Washington, DC [5JA]
------release of Jimmy Tran from prison in Vietnam [5JA]
------Social Security [5JA]
------veterans' hospital facilities at Travis AFB, CA [22JA]
California citizen: repeal emergency salvage timber sale program
[11JY]
Chattanooga, TN, City Council: telecommunications legislation
[23FE]
Colorado: Chornobyl disaster anniversary [10SE]
------clean up of nuclear weapons facilities [24JY]
------statue of John L. ``Jack'' Swigert in the U.S. Capitol
[10SE]
Compton, CA, City Council: telecommunications legislation [23FE]
Cook County, IL, Board of Commissioners: retention of certain
Internal Revenue Code provisions [5JA]
Delaware: tribute to former Sec. of Commerce Ronald H. Brown
[11JY]
District of Columbia: emergency resolution of Federal payment
[6MR]
------Independence Avenue jurisdiction [27FE]
------transfer of land jurisdiction [26MR]
Dutchess County, NY, Legislature: flow control [15AP]
Georgia: FDA regulatory powers over tobacco industry [14MR]
------payments in lieu of taxes to local governments [19AP]
------sale of Southeastern Power Administration [8MR]
------support for Armed Forces in Bosnia and Herzegovina [25JA]
Green, Marlene Y.: C.Y.S. bill [9FE]
------national health care [9FE]
------right to access bill [9FE]
------true roman bill [9FE]
Guam: amend Organic Act of Guam [11JY]
------tribute to Julita Cruz-Aviles [27JN]
Guyana: citizen petition relative to immigration policy violations
[4OC]
Honolulu, HI, City Council: Strategic Petroleum Reserve access
[20FE]
Idaho: Mountain Home AFB, ID, training range [15AP]
------reintroduction of grizzly bears [15AP]
------U.N. ability to tax U.S. people and corporations [15AP]
[[Page 3115]]
Kansas: new drugs and biologics approval [27MR]
Kentucky: congressional pay raises [11SE]
------human rights in Guatemala [27MR]
Leslie G. Woods American Legion Post 217, IL: sharing agreements
relative to health care resources for veterans [8JY]
Louisiana: designate U.S. Highway 90 as part of the Interstate
Highway System [13JN]
------full retirement pay and compensation benefits for disabled
veterans [13JN]
------Kisatchie National Forest land transfer to Fort Polk
military base [1MY]
------tax treatment of schoolbus drivers expense reimbursements
[8JY]
Maine: participation of the Republic of China in the U.N. [23FE]
Massachusetts: sounding of train whistles [31JY]
Mercer, NJ, Board of Chosen Freeholders: support for
Representative Christopher Smith relative to senior citizens
and residents [20FE]
Miami, FL, City Commission: downing of civilian aircraft by Cuban
fighter jets [6MR]
Mitchell, Paul A.: signed oaths of office for Federal judges
[11JY]
New Hampshire: increased competition in the electric utility
industry relative to environmental improvement [11JN]
------Safe Water Drinking Act reauthorization [11JN]
New Jersey: development and approval of new drugs, biological
products, and medical devices [29MY]
------greater local television coverage [11JN]
------Norway policy relative to commercial whaling [27JN]
New Mexico: land grant permanent funds [28FE]
New York, NY, City Council: Summer and Year-Round Youth Employment
Program [23FE]
Oklahoma: atomic veterans recognition [18JN]
Pennsylvania: citizen petition relative to historical landmarks
preservation [4OC]
------citizen petition relative to monorail transportation [4OC]
------citizen petition relative to the agreement [4OC]
------citizen petition relative to the C.Y.S. bill [4OC]
------impact of snowstorm [20FE]
------restrict amount of solid waste imported from other States
[27JN]
Rensselaer County, NY, Legislature: require spectrum auction to
corporate television networks [28FE]
Rhode Island: FDA approval of new drugs, biological products, and
medical devices [10JY]
Seattle, WA, City Council: immigration legislation [4MR]
Syosset, NY: extend life of instant color slide recorder [17JN]
Tennessee: Center for Applied Science and Technology for Law
Enforcement funding [23MY]
Texas: Diplomatic Notice of Perfection of International Relations
Between the U.S. and the Republic of Texas [30AP]
Toledo, OH, City Council: Great Lakes Critical Programs Act [4MR]
Virgin Islands: Republic of China [5JA]
Virginia: national constitutional conventions [30SE]
Washington: appointment of National Tourism Board and National
Tourism Organization representatives [13MR]
------Barbara Jordan [27FE]
------border crossing fees [13MR]
------control or eradication of non-native noxious weeds [14MR]
------Indian Gaming Regulatory Act clarification [14MR]
West Virginia: State control over solid waste importation [12MR]
PETRI, THOMAS E. (a Representative from Wisconsin)
Appointments
British-U.S. Interparliamentary Group [29MR]
Bills and resolutions introduced by
Auburn, CA: prohibit Federal funding for dam construction on
American River (see H.R. 2951) [1FE]
Elections: clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
Employment: use of salary base to exempt employees from certain
wage requirements (see H.R. 4266) [27SE]
Financial institutions: guarantee deposits and certain liabilities
and protect against deposit insurance losses (see H.R. 4318)
[28SE]
Paperwork Reduction Act: use of term ``multiracial or
multiethnic'' on classification lists (see H.R. 3920) [30JY]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Social Security: establish and maintain individual investment
accounts (see H.R. 4215) [26SE]
Taxation: treatment of families and children (see H.R. 3943) [1AU]
PETROLEUM
related term(s) Power Resources
Bills and resolutions
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Oil Region National Heritage Area: establish (see H.R. 3596) [6JN]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
Storage facilities: regulation of above-ground petroleum storage
tanks (see H.R. 3283) [22AP]
Taxation: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
------incentives to encourage domestic production of oil and gas
(see H.R. 3410) [7MY]
------transfer gasoline tax revenues to transportation trust funds
(see H.R. 3372, 3384) [1MY]
Trucking industry: limit the applicability of hazardous material
transportation registration and fee requirements relative to
the transport of crude oil and condensate (see H.R. 3188)
[28MR]
Water pollution: improve prevention of, response to, and
compensation to communities affected by oil spills (see H.R.
3573) [4JN]
Messages
National Emergency Relative to Iraq: President Clinton [13FE]
Motions
Taxation: gasoline tax (H.R. 3415) [21MY]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Resources (House) (H.R. 2505) (H. Rept. 104-797) [17SE]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Crude Oil Undervaluation--Ineffective Response of the Minerals
Management Service: Committee on Government Reform and
Oversight (House) (H. Rept. 104-858) [27SE]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
PHARMACEUTICALS
related term(s) Drugs
Bills and resolutions
Dept. of HHS: prepare and publish a consumer guide to prescription
drug prices (see H.R. 3059) [8MR]
Drugs: review use of radiopharmaceuticals (see H.R. 3065) [12MR]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
Federal Food, Drug and Cosmetic Act: certification of drugs
containing insulin and antibiotics (see H.R. 3672) [18JN]
Health: regulation of pharmacists (see H.R. 3260) [17AP]
Medicare: coverage of certain antibiotics parenterally
administered at home (see H.R. 4248) [27SE]
------eliminate time limitation on benefits for immunity
suppressing drugs (see H.R. 3138) [21MR]
------pharmaceutical care services (see H.R. 3757) [8JY]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Prescription Drug Price Review Board: establish (see H.R. 3691)
[20JN]
Research: reinstate reasonable pricing requirements for drugs
developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Tariff: HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
------pharmaceutical-grade phospholipids (see H.R. 4273) [27SE]
Taxation: suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
PHARR, TX
Bills and resolutions
Kika de la Garza U.S. Border Station: designate (see H.R. 4186)
[25SE]
PHI BETA LAMBDA (fraternal organization)
Bills and resolutions
Tribute (see H. Con. Res. 164) [18AP]
PHILIPPINES, REPUBLIC OF THE
Bills and resolutions
World War II: tribute to Filipino veterans (see H. Con. Res. 191)
[20JN]
PHYSICIANS
see Health Care Professionals
PICKETT, OWEN B. (a Representative from Virginia)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Barefoot'n (vessel): certificate of documentation (see H.R. 2907)
[30JA]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
PITTSBURGH (U.S.S.)
Bills and resolutions
Crew: tribute (see H. Res. 534) [24SE]
POETRY
see Literature
POLAND, REPUBLIC OF
Bills and resolutions
Auschwitz death camp: condemn construction of shopping center
within internationally protected zone (see H. Res. 398) [29MR]
Constitution: anniversary of adoption (see H. Con. Res. 165)
[18AP]
NATO: membership of Central and East European countries (see H.R.
3564) [4JN]
Messages
Agreement With Poland Relative to Fisheries: President Clinton
[13FE]
POLICE
see Law Enforcement Officers
POLICY MAKER III (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3701) [20JN]
POLITICAL ACTION COMMITTEES
Bills and resolutions
Elections: campaign ethics reform and contribution limits (see
H.R. 2944, 3053, 3274, 3505, 3543, 3588, 3760, 3800, 3820)
[1FE] [7MR] [18AP] [22MY] [29MY] [5JN] [9JY] [12JY] [16JY]
------campaign ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------campaign ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------comply with campaign spending limits and enhance importance
of individual and intradistrict contributions (see H.R. 3912)
[26JY]
------constitutional amendment relative to expenditure of money to
elect public officials (see H.J. Res. 171, 187) [29MR] [25JY]
[[Page 3116]]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
------establish a temporary commission to recommend reforms for
Federal office (see H.R. 4327) [28SE]
------limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
------require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
House of Representatives: limit election expenditures for
candidates (see H.R. 3651) [13JN]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 432, 433, 439, 457) [10MY] [14MY] [16MY] [20JN]
Motions
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
POLITICAL CAMPAIGNS
Bills and resolutions
District of Columbia: treatment of employees relative to
participation in political campaigns (see H.R. 3918) [30JY]
Elections: campaign ethics reform and contribution limits (see
H.R. 2944, 3053, 3274, 3505, 3543, 3588, 3760, 3800, 3820)
[1FE] [7MR] [18AP] [22MY] [29MY] [5JN] [9JY] [12JY] [16JY]
------campaign ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------campaign ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------comply with campaign spending limits and enhance importance
of individual and intradistrict contributions (see H.R. 3912)
[26JY]
------constitutional amendment relative to expenditure of money to
elect public officials (see H.J. Res. 171, 187) [29MR] [25JY]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
------establish a temporary commission to recommend reforms for
Federal office (see H.R. 4327) [28SE]
------extend the period for receipt of certain absentee ballots
(see H.R. 3058) [8MR]
------limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
------provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
------require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
------require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
------spending limits on Federal campaigns (see H.R. 3658) [13JN]
FEC: authorizing appropriations (see H.R. 3461) [15MY]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
House of Representatives: establish a commission on size of
membership and election process (see H.R. 4076) [12SE]
------limit election expenditures for candidates (see H.R. 3651)
[13JN]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
Labor unions: ensure that employees paying mandatory dues may
object to the use of their dues for noncollective-bargaining
activities (see H.R. 3580) [5JN]
------prohibit use of dues and fees for political activities (see
H.R. 3683) [19JN]
Perot, H. Ross: inclusion in Presidential debates (see H. Res.
555) [30SE]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Public opinion polls: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
Taxation: clarify restrictions on the lobbying and campaign
activities of churches (see H.R. 2910) [31JA]
------eliminate State requirement to pay unemployment compensation
on election worker services (see H.R. 3430) [9MY]
------treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
Motions
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
POLITICAL ETHICS
Bills and resolutions
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Congress: reform lobbying disclosure and gift rules (see H.R.
3140) [21MR]
------restore integrity, goodwill, honesty, and trust (see H.R.
3792) [11JY]
Dept. of Justice: establish ethics standards for prosecutors (see
H.R. 3386) [1MY]
District of Columbia: treatment of employees relative to
participation in political campaigns (see H.R. 3918) [30JY]
Elections: campaign ethics reform and contribution limits (see
H.R. 2944, 3053, 3274, 3505, 3543, 3588, 3760, 3800, 3820)
[1FE] [7MR] [18AP] [22MY] [29MY] [5JN] [9JY] [12JY] [16JY]
------campaign ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------campaign ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------comply with campaign spending limits and enhance importance
of individual and intradistrict contributions (see H.R. 3912)
[26JY]
------constitutional amendment relative to expenditure of money to
elect public officials (see H.J. Res. 171, 187) [29MR] [25JY]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
------limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
------require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
------require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
------spending limits on Federal campaigns (see H.R. 3658) [13JN]
Executive departments: ban acceptance of gifts by employees (see
H.R. 3797) [11JY]
Executive Office of the President: ensure privacy and security of
FBI background reports (see H.R. 3785) [11JY]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
Federal employees: strengthen post-employment restrictions on
foreign representation (see H.R. 3434) [10MY]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
Government: reform disclosure of lobbying activities to influence
the Federal Government (S. 1060), technical corrections (see
H.R. 3435) [10MY]
House of Representatives: limit election expenditures for
candidates (see H.R. 3651) [13JN]
House Rules: procedures of the Committee on Standards of Official
Conduct (House) (see H. Res. 346) [25JA]
------reform trust relationships (see H. Res. 477) [12JY]
Members of Congress: constitutional amendment relative to use of
false statements during official duties (see H.J. Res. 188)
[2AU]
------prohibit the soliciting or accepting of campaign
contributions within certain areas of the Capitol (see H. Res.
432, 433, 439, 457) [10MY] [14MY] [16MY] [20JN]
Office of Government Ethics: extend authorization (see H.R. 3235)
[15AP]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
------prohibit use of labor organization dues and fees for
political activities (see H.R. 3683) [19JN]
Taxation: clarify restrictions on lobbying expenditures of tax-
exempt organizations (see H.R. 3240) [15AP]
White House Travel Office: relief of individuals terminated from
employment (see H.R. 2894, 2937) [25JA] [1FE]
Motions
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office
[[Page 3117]]
Personnel: Committee on Rules (House) (H. Res. 369) (H. Rept.
104-472) [6MR]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
Office of Government Ethics Authorization Extension: Committee on
the Judiciary (House) (H.R. 3235) (H. Rept. 104-595) [29MY]
Relief of Individuals Terminated From White House Travel Office:
Committee on the Judiciary (House) (H.R. 2937) (H. Rept. 104-
484) [18MR]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
POLITICAL PARTIES
Bills and resolutions
Executive Office of the President: ensure privacy and security of
FBI background reports (see H.R. 3785) [11JY]
Labor unions: ensure that employees paying mandatory dues may
object to the use of their dues for noncollective-bargaining
activities (see H.R. 3580) [5JN]
Political campaigns: prohibit use of labor organization dues and
fees for political activities (see H.R. 3683) [19JN]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Reports filed
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
POLLS OF OPINION
see Public Opinion Polls
POLLUTION
related term(s) Ecology and Environment
Bills and resolutions
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
------regulations relative to beverage alcohol compounds emitted
from aging warehouses (see H.R. 3818) [16JY]
Antarctic Treaty: implement Protocol on Environmental Protection
(see H.R. 3060) [12MR]
------implement Protocol on Environmental Protection (H.R. 3060),
technical corrections (see H. Con. Res. 211) [10SE]
Beaches: improve quality of coastal recreation waters (see H.R.
3789) [11JY]
Bergen County, NJ: recovery of costs associated with the cleanup
of the Stepan Property Superfund Site (see H.R. 3319) [24AP]
Clean Air Act: amend (see H.R. 3519) [23MY]
------provide regulatory relief and preserve jobs (see H.R. 3446)
[10MY]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
FERC: disapproving of rules concerning open access transmission
services of public utilities (see H.J. Res. 178) [1MY]
Hazardous substances: clarify listing of unique chemical
substances (see H.R. 3849) [18JY]
Petroleum: improve prevention of, response to, and compensation to
communities affected by oil spills (see H.R. 3573) [4JN]
------regulation of above-ground storage tanks (see H.R. 3283)
[22AP]
Power resources: provide moratorium on retail wheeling of electric
energy relative to transboundary pollution (see H.R. 4316)
[28SE]
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
Water: public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
Water pollution: State waivers from secondary treatment
requirements for certain ocean discharges (see H.R. 3299)
[23AP]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Women: effect of environment on health (see H.R. 3509) [22MY]
Reports filed
Protocol on Environmental Protection to the Antarctic Treaty
Implementation: Committee on Science (House) (H.R. 3060) (H.
Rept. 104-593) [23MY]
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
POMBO, RICHARD W. (a Representative from California)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
POMEROY, EARL (a Representative from North Dakota)
Bills and resolutions introduced by
Commission on Retirement Income Policy: establish (see H.R. 3077)
[13MR]
Dept. of Agriculture: payment rate for barley (see H.R. 4002)
[2AU]
FAA: essential air service funding (see H.R. 3037) [6MR]
House of Representatives: limit election expenditures for
candidates (see H.R. 3651) [13JN]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
Safe Drinking Water Act: amend (see H.R. 3038) [6MR]
Taxation: treatment of higher education expenses (see H.R. 3245)
[15AP]
POPULATION
Bills and resolutions
Census: accuracy of decennial census (see H.R. 3558) [30MY]
------collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Elections: clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
PORNOGRAPHY
Bills and resolutions
Children and youth: amend laws (see H.R. 4123, 4331) [19SE] [30SE]
Computers: protection of freedom of speech on-line and on the
Internet (see H.R. 3606) [10JN]
------provide parental control of child access to online services
(see H.R. 3089) [14MR]
------restrict transmission of obscene or indecent material to
minors by computer (see H.R. 3606) [10JN]
Dept. of Defense: prohibit the sale or distribution of sexually
explicit material to any individual (see H.R. 3300) [23AP]
PORTER, JOHN EDWARD (a Representative from Illinois)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions introduced by
China, People's Republic of: human rights situation in Tibet (see
H. Res. 347) [25JA]
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (see H.R. 3755) [8JY]
Elections: comply with campaign spending limits and enhance
importance of individual and intradistrict contributions (see
H.R. 3912) [26JY]
Immigration: provide special status for certain alien journalists
working in Hong Kong (see H.R. 4156) [24SE]
Iraq: anniversary of gas bomb attack against Kurds (see H. Res.
379) [12MR]
Kenya: human rights and political situation (see H. Con. Res. 135)
[25JA]
Social Security: allow diversion of percentage of payroll tax
payments into personal investment plans (see H.R. 2953) [1FE]
Taxation: reduce Social Security taxation rates and corresponding
old-age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
Reports filed
Depts. of Labor, HHS, and Education, and Related Agencies
Appropriations: Committee on Appropriations (House) (H.R.
3755) (H. Rept. 104-659) [8JY]
PORTLAND, OR
Bills and resolutions
Mark O. Hatfield U.S. Courthouse: designate (see H.R. 3134) [21MR]
Reports filed
Mark O. Hatfield U.S. Courthouse, Portland, OR: Committee on
Transportation and Infrastructure (House) (H.R. 3134) (H.
Rept. 104-587) [21MY]
PORTMAN, ROB (a Representative from Ohio)
Appointments
National Commission on Restructuring the IRS [22MY]
Bills and resolutions introduced by
Mariemont, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 3072) [12MR]
National Park Service: coordinate programs and enter into
cooperative agreements with the National Underground Railroad
Freedom Center (see H.R. 4073) [12SE]
Taxation: modify the application of pension nondiscrimination
rules to governmental plans (see H.R. 4099) [17SE]
POSHARD, GLENN (a Representative from Illinois)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: S. 1004, Coast Guard appropriations [29FE]
POSTAGE AND STAMPS
Bills and resolutions
Diseases: issue special postage stamps to fund breast cancer
research (see H.R. 3401) [7MY]
Law enforcement officers: issue postage stamp in commemoration of
officers killed in the line of duty (see H. Con. Res. 210)
[2AU]
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
Postal Service: reform (see H.R. 3717) [25JN]
------require photo identification for processing of change-of-
address orders (see H.R. 3629) [12JN]
Robeson, Paul: issue commemorative postage stamp (see H. Res. 511)
[2AU]
Volunteer firefighters: issue commemorative postage stamp (see H.
Con. Res. 173) [9MY]
POSTAL RATE COMMISSION
Bills and resolutions
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
Postal Service: reform (see H.R. 3717) [25JN]
POSTAL SERVICE
Bills and resolutions
Andrew Jacobs, Jr., U.S. Post Office Building, Indianapolis, IN:
designate (see H.R. 4223) [26SE]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Augusta (Gusty) Hornblower U.S. Post Office, Groton, MA: designate
(see H.R. 3768) [10JY]
Business and industry: limit commercial nonpostal services (see
H.R. 3690) [20JN]
Change-of-address orders: require photo identification (see H.R.
3629) [12JN]
[[Page 3118]]
Consumers: treatment of deceptive or misleading mail (see H.R.
3884) [24JY]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(see H.R. 3756) [8JY]
------making appropriations (H.R. 3756), consideration (see H.
Res. 475) [11JY]
Diseases: issue special postage stamps to fund breast cancer
research (see H.R. 3401) [7MY]
General Joshua Lawrence Chamberlain Post Office, Brewer, ME:
designate (see H.R. 4195) [26SE]
Government regulations: require envelopes and warning labels for
mail depicting violent or sexually-explicit acts (see H.R.
3097) [14MR]
Honorable David H. Pryor Post Office Building, Camden, AR:
designate (see H.R. 3877) [23JY]
House of Representatives: establish disclosure requirements
relative to franked mail (see H.R. 3772) [10JY]
------official mail allowance (see H.R. 3771) [10JY]
------prevent mass mailings during an election year (see H.R.
3773) [10JY]
------reduce number of pieces of mail constituting a mass mailing
(see H.R. 3774) [10JY]
IRS: recognize qualified delivery services in addition to the
Postal Service for purposes of timely filing of tax documents
(see H.R. 3086) [14MR]
Jim Wright Post Office Building, Fort Worth, TX: designate (see
H.R. 4232) [27SE]
L. Clure Morton Post Office and Courthouse, Cookeville, TN:
designate (see H.R. 4070) [12SE]
Law enforcement officers: issue postage stamp in commemoration of
officers killed in the line of duty (see H. Con. Res. 210)
[2AU]
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
Private carriage: prohibit penalization for use of private express
services for certain letters and packets (see H.R. 3981) [2AU]
Reform (see H.R. 3717) [25JN]
Robeson, Paul: issue commemorative postage stamp (see H. Res. 511)
[2AU]
Roger P. McAuliffe Post Office, Chicago, IL: designate (see H.R.
3834) [17JY]
Rose Y. Caracappa U.S. Post Office Building, Centereach, NY:
designate (see H.R. 3139) [21MR]
Volunteer firefighters: issue commemorative postage stamp (see H.
Con. Res. 173) [9MY]
Motions
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
Reports filed
Consideration of H.R. 3756, Dept. of the Treasury, Postal Service,
Executive Office of the President, and Independent Agencies
Appropriations: Committee on Rules (House) (H. Res. 475) (H.
Rept. 104-671) [11JY]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and Independent Agencies Appropriations: Committee
on Appropriations (House) (H.R. 3756) (H. Rept. 104-660) [8JY]
POVERTY
related term(s) Homeless; Hunger
Appointments
Conferees: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Contracts: require wages paid under a Federal contract be above
local poverty line (see H.R. 3229, 3463) [29MR] [15MY]
Dept. of Defense: expand authority to donate unusable food (see
H.R. 3312) [24AP]
Dept. of HUD: terminate the property disposition program providing
single-family properties for use for the homeless (see H.R.
4085) [17SE]
Education: establish Role Models Academy for at-risk youths (see
H.R. 4161) [24SE]
Federal aid programs: improve program of block grants to States
for temporary assistance to needy families (see H.R. 4324)
[28SE]
Food stamps: forbid recipients to resell or barter with acquired
food (see H.R. 4027) [5SE]
Health: modify certain programs relative to minority women (see
H.R. 3179) [27MR]
------national policy to provide health care and reform insurance
procedures (see H.R. 2893, 3063, 3070, 3103, 3130, 3160, 3185)
[25JA] [12MR] [18MR] [20MR] [26MR] [28MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
------national policy to provide health care to children and
pregnant women (see H.R. 3787) [11JY]
Health care professionals: exempt from liability for negligence
relative to services performed for low-income individuals (see
H.R. 2938) [1FE]
Homeless: assistance (see H.R. 3347) [25AP]
------housing programs for veterans (see H.R. 4132) [23SE]
------reintegration assistance for veterans (see H.R. 3611) [11JN]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
------prohibit increase of security deposit in units receiving
Federal rental housing assistance (see H.R. 3679) [19JN]
Job Corps: ensure a drug-free, safe, and cost effective program
(see H.R. 3169) [27MR]
Medicaid: preadmission screening and resident review requirements
for certain nursing facilities (see H.R. 3232, 3632) [15AP]
[12JN]
------reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
------waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
Medicare: demonstration project to improve the quality and cost-
effectiveness of telemedicine and medical informatic networks
(see H.R. 4268) [27SE]
Mother Teresa: confer honorary U.S. citizenship (see H.J. Res.
191) [10SE]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public buildings: make certain Federal facilities available to
organizations for use as temporary homeless shelters (see H.R.
3496) [21MY]
Public welfare programs: approval of waivers submitted by Michigan
to conduct ``To Strengthen Michigan Families'' project (see
H.R. 3732) [27JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
------ensure States have sufficient funds to assure effectiveness
of work requirements of certain programs (see H.R. 3999) [2AU]
------funding for nutrition programs (see H.R. 4275) [28SE]
------reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA]
[22MY] [11JN] [27JN] [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
------reform (H.R. 3734), consideration (see H. Res. 482) [17JY]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 492, 495) [30JY] [31JY]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
Social Security: apply standards to outpatient physical therapy
relative to certain physician services (see H.R. 3426) [9MY]
------payment of benefits relative to the debt limit extension
(see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
------self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
Taxation: application of low-income housing credit on housing
units assigned to certain single parents (see H.R. 3503)
[22MY]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
Women: national policy to provide health care and reform insurance
procedures (see H.R. 3178) [27MR]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Messages
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Motions
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Public welfare programs: reform (H.R. 3734) [18JY] [24JY]
Reports filed
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Encourage the Donation of Food and Grocery Products to Needy
Individuals: Committee on Economic and Educational
Opportunities (House) (H.R. 2428) (H. Rept. 104-661) [9JY]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
[[Page 3119]]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
POWER RESOURCES
related term(s) Conservation of Energy; Natural Gas; Petroleum
Appointments
Conferees: H.R. 3816, energy and water development appropriations
[5SE]
Bills and resolutions
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
Dept. of Defense: exempt from metric system requirements relative
to nuclear facilities (see H.R. 3164) [26MR]
Dept. of Energy: extension of Electric and Magnetic Fields
Research and Public Information Dissemination Program (see
H.R. 4013) [2AU]
Electric power: establish a commission to minimize the
environmental impacts associated with electric utility
restructuring (see H.R. 3172) [27MR]
------provide for retail competition among suppliers (see H.R.
4297) [28SE]
------provide moratorium on retail wheeling relative to
transboundary air pollution (see H.R. 4316) [28SE]
Energy and water development: making appropriations (see H.R.
3816) [16JY]
------making appropriations (H.R. 3816), consideration (see H.
Res. 483) [18JY]
Energy Policy and Conservation Act: extend certain programs (see
H.R. 3670, 3868, 4083) [18JN] [23JY] [17SE]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
FERC: disapproving of rules concerning open access transmission
services of public utilities (see H.J. Res. 178) [1MY]
------extension of deadline for construction of hydroelectric
project in Kentucky (see H.R. 2869) [23JA]
------extension of deadline for construction of hydroelectric
project in New York (see H.R. 4177) [25SE]
Government: privatize the Federal Power Marketing Administration
and certain TVA facilities (see H.R. 3878) [23JY]
Leases: issuance of a noncompetitive oil and gas lease for certain
lands (see H.R. 4116) [19SE]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Petroleum: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
------improve prevention of, response to, and compensation to
communities affected by oil spills (see H.R. 3573) [4JN]
------regulation of above-ground storage tanks (see H.R. 3283)
[22AP]
------transfer gasoline tax revenues to transportation trust funds
(see H.R. 3372, 3384) [1MY]
Public utilities: provide for competition in electric power
industry (see H.R. 2929, 3782, 3790) [1FE] [11JY]
------revision of the regulatory policies governing public utility
holding companies (see H.R. 3601) [6JN]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Taxation: incentives to encourage domestic production of oil and
gas (see H.R. 3410) [7MY]
------provide equivalent rates on liquefied natural gas and
compressed natural gas (see H.R. 3315) [24AP]
------treatment of Federal employees at a hydroelectric facility
located on the Columbia River (see H.R. 3163) [26MR]
------treatment of production of alcohol for fuel use (see H.R.
3345) [25AP]
Transportation: increase use of natural gas as a fuel (see H.R.
4288) [28SE]
Conference reports
Energy and Water Development Appropriations (H.R. 3816) [12SE]
Messages
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy: President Clinton [19MR]
Motions
Energy and water development: making appropriations (H.R. 3816)
[5SE]
------making appropriations (H.R. 3816), conference report [12SE]
Petroleum: gasoline tax (H.R. 3415) [21MY]
Reports filed
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Consideration of H.R. 3816, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 483) (H.
Rept. 104-687) [18JY]
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Crude Oil Undervaluation--Ineffective Response of the Minerals
Management Service: Committee on Government Reform and
Oversight (House) (H. Rept. 104-858) [27SE]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Energy and Water Development Appropriations: Committee of
Conference (H.R. 3816) (H. Rept. 104-782) [12SE]
------Committee on Appropriations (House) (H.R. 3816) (H. Rept.
104-679) [16JY]
Energy Policy and Conservation Act Programs Extension: Committee
on Commerce (House) (H.R. 3868) (H. Rept. 104-712) [26JY]
------Committee on Commerce (House) (H.R. 4083) (H. Rept. 104-814)
[20SE]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Illinois: Committee on Commerce (House) (H.R. 2630)
(H. Rept. 104-508) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Kentucky: Committee on Commerce (House) (H.R. 2501)
(H. Rept. 104-507) [28MR]
------Committee on Commerce (House) (H.R. 2869) (H. Rept. 104-512)
[28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in North Carolina: Committee on Commerce (House) (H.R.
2773) (H. Rept. 104-510) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Ohio: Committee on Commerce (House) (H.R. 2816) (H.
Rept. 104-511) [28MR]
FERC Extension of Deadline for Construction of a Hydroelectric
Project in Pennsylvania: Committee on Commerce (House) (H.R.
2695) (H. Rept. 104-509) [28MR]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
PRAYERS
Bills and resolutions
Capitol Building and Grounds: authorizing use of Grounds for
Washington for Jesus 1996 prayer rally (see H. Con. Res. 161,
166) [15AP] [18AP]
Constitutional amendments: allow in public institutions (see H.J.
Res. 186) [23JY]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 161, 184) [28FE] [16JY]
PRECIOUS METALS
Bills and resolutions
Tariff: certain silver and gold bars (see H.R. 3615) [11JN]
Taxation: treatment of certain accounts involved in the
acquisition of gold, silver, platinum, or palladium bullion
(see H.R. 3047) [7MR]
PRESCRIPTION DRUG PRICE REVIEW BOARD
Bills and resolutions
Establish (see H.R. 3691) [20JN]
PRESIDENT OF THE UNITED STATES (Bill Clinton)
Appointments
Conferees: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Congress: notify the President that a quorum has assembled (see H.
Res. 325) [3JA]
Crime: pardoning of individuals convicted in Whitewater Estates
development and Madison Guaranty investigation (see H. Con.
Res. 218) [25SE]
Executive Office of the President: civil remedies for the request
or receipt of protected records for nonroutine use (see H.R.
3687) [20JN]
National parks and recreation areas: require the President to
submit an appropriation request to provide priority funding
(see H.R. 3291) [23AP]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
Conference reports
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Messages
Advisory Board on Arms Proliferation Policy [17JY]
Agreement With Japan Relative to Whaling [13FE]
Agreement With Poland Relative to Fisheries [13FE]
Alaska Mineral Resources Report [17AP]
Caribbean Basin Economic Recovery Act [2OC]
CCC Report [22MY]
CHINASAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China [6FE]
Corp. for Public Broadcasting [9JY]
COSAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China [6FE]
Dept. of Defense Budget Rescissions [13MR]
Dept. of HUD Annual Report [29JY]
Dept. of the Interior and Related Agencies Appropriations [29AP]
Dept. of Transportation Annual Report [25JA]
Economic Report [16FE]
Family Friendly Workplace Act [27SE]
Federal Budget for Fiscal Year 1997 [6FE] [19MR]
Federal Labor Relations Authority [27SE]
Foreign Trade Policy and Agreements [27MR]
Globalstar Satellite Project Restrictions Waiver on Export of
U.S.-Origin Satellites to the People's Republic of China
[10JY]
Interagency Arctic Research Policy Committee [5MR]
Israel Loan Guarantees [3JA]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China [24JN]
MABUHAY Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China [6FE]
[[Page 3120]]
Mongolian Emigration Laws and Policies [5SE]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies [30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies [3JA]
Motor Vehicle and Highway Safety Report [3OC]
National Achievements in Aeronautics and Space [26JN]
National Drug Control Strategy [29AP]
National Emergency Relative to Angola [25MR] [16SE] [19SE]
National Emergency Relative to Cuba [4MR]
National Emergency Relative to Iran [12MR] [16MY] [16SE]
National Emergency Relative to Iraq [13FE] [23JY]
National Emergency Relative to Lapse of Export Administration Act
[4JN]
National Emergency Relative to Libya [3JA] [22JA] [22JY]
National Emergency Relative to Middle East Peace Process [13FE]
National Emergency Relative to Narcotics Traffickers Centered in
Colombia [23AP]
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons [14MY]
National Endowment for Democracy [23FE]
National Endowment for the Arts [28MR] [12JN]
National Endowment for the Humanities [17AP]
National Security Strategy [7MR]
NOAA Office of Ocean and Coastal Resource Management [9JY]
NSF Report [22MY]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO [9JA]
Radiation Control for Health and Safety Act [27MR]
Railroad Retirement Board [27SE]
Retirement Savings and Security Act [23MY]
Revised Deferral of Budgetary Resources [27FE] [5MR] [14MY] [24JN]
Science and Engineering Indicators--1996 [15MY]
Small Business and Competition [5JN]
Supplementary Social Security Agreement Between the U.S. and
Austria [20MY]
Telecommunications Services Relative to Cuba [23SE]
U.S. Participation in the U.N. [24JY]
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy [19MR]
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act
[22JA]
Veto of H.R. 743, Teamwork for Employees and Managers Act [30JY]
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act
[6MY]
Veto of H.R. 1530, Dept. of Defense Appropriations [3JA]
Veto of H.R. 1561, American Overseas Interests Act [15AP]
Veto of H.R. 1833, Prohibit Partial-Birth Abortions [15AP]
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act [3OC]
Motions
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY] [24JY]
Reports filed
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Investigation Into the White House and Dept. of Justice on
Security of FBI Background Investigation Files (H. Rept. 104-
862) [28SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Revised Subdivision of Budget Totals for Fiscal Year 1997:
Committee on Appropriations (House) (H. Rept. 104-727) [31JY]
White House Travel Office Firings and Related Matters: Committee
on Government Reform and Oversight (House) (H. Rept. 104-849)
[26SE]
PRESIDENTIAL DEBATE COMMISSION
Bills and resolutions
Elections: establish on an ongoing basis and require nominees for
President and Vice President to participate in debates to
receive Federal funding for party conventions (see H.R. 4310)
[28SE]
PRESIDENTS OF THE UNITED STATES
Appointments
George Washington's birthday ceremonies delegation [9FE]
Bills and resolutions
Armed Forces: establish criminal sentence of life without parole
and make denials of parole appealable only to the President
(see H.R. 4104) [18SE]
Budget: require President's budget submission to Congress include
a balanced budget plan (see H.R. 3379) [1MY]
Congress: set date for convening of 105th Congress and the date
for the counting of electoral votes for President and Vice
President (see H.J. Res. 198) [28SE]
Constitutional amendments: direct popular election (see H.J. Res.
180) [12JN]
Education: authorize awarding of Presidential Honors Scholarships
to certain graduating secondary school students (see H.R.
4259) [27SE]
Elections: constitutional amendment relative to expenditure of
money to elect public officials (see H.J. Res. 187) [25JY]
------establish a temporary commission to recommend reforms for
Federal office (see H.R. 4327) [28SE]
Executive Office of the President: applicability of certain laws
(see H.R. 3452) [14MY]
Foreign trade: authorize a trade agreement with Northern Ireland
and certain counties in Ireland (see H.R. 3599) [6JN]
George Bush School of Government and Public Service: funding (see
H.R. 3803) [12JY]
Government: require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments (see H.R. 4118)
[19SE]
------limit authority of the President to designate certain areas
as national monuments in California (see H.R. 4242) [27SE]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Roosevelt, Theodore: award the Congressional Medal of Honor (see
H.R. 3966) [2AU]
Taxation: expand definition of limited tax benefits applicable to
line-item veto (see H.R. 3566) [4JN]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
Washington, George: reading of Farewell Address at the beginning
of each Congress (see H. Con. Res. 222) [26SE]
Conference reports
Line Item Veto Act (S. 4) [21MR]
Motions
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Reports filed
Applicability of Certain Laws Relative to the Executive Office of
the President: Committee on Government Reform and Oversight
(House) (H.R. 3452) (H. Rept. 104-820) [24SE]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Line Item Veto Act: Committee of Conference (S. 4) (H. Rept. 104-
491) [21MR]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
PRETTYMAN, E. BARRETT
Bills and resolutions
E. Barrett Prettyman U.S. Courthouse, Washington, DC: designate
(see H.R. 3029) [6MR]
Reports filed
E. Barrett Prettyman U.S. Courthouse, Washington, DC: Committee on
Transportation and Infrastructure (House) (H.R. 3029) (H.
Rept. 104-588) [21MY]
PRICES
see Economy
PRINTING
Bills and resolutions
Congress: waive enrollment requirements for certain appropriations
legislation (see H.J. Res. 197) [28SE]
Freedom of Information Act: provide public access to information
in an electronic format (see H.R. 3802, 3885) [12JY] [24JY]
House of Representatives: printing of House Rules and Manual for
105th Congress (see H. Res. 552) [28SE]
Reports filed
Public Access to Information in an Electronic Format: Committee on
Government Reform and Oversight (House) (H.R. 3802) (H. Rept.
104-795) [17SE]
PRISONERS OF WAR
Bills and resolutions
Benefits: provide medical care and disability benefits to
civilians forcibly detained by an enemy government or hostile
force under wartime conditions (see H.R. 3084) [14MR]
Japan: treatment of U.S. military and civilian POW's during World
War II (see H. Con. Res. 176) [10MY]
PRISONS
see Correctional Institutions
PRIVATE ENTERPRISE
see Free Enterprise
PRIZES
see Awards, Medals, Prizes
PRODUCT LIABILITY FAIRNESS ACT
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
Bills and resolutions
Enact (H.R. 956): consideration of conference report (see H. Res.
394) [27MR]
Conference reports
Provisions (H.R. 956) [14MR]
Messages
Veto of H.R. 956, Provisions: President Clinton [6MY]
Motions
Enact (H.R. 956) [28FE] [29FE]
Reports filed
Consideration of Conference Report on H.R. 956, Provisions:
Committee on Rules (House) (H. Res. 394) (H. Rept. 104-503)
[27MR]
Provisions: Committee of Conference (H.R. 956) (H. Rept. 104-481)
[14MR]
PRODUCT SAFETY
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
Bills and resolutions
Courts: product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
Health: allow marketing of Sensor Pad medical device to aid in
breast self-examination (see H.R. 3504) [22MY]
------liability of raw material and component suppliers to medical
device manufacturers (see H.R. 3468) [16MY]
[[Page 3121]]
Safety: implement nonanimal acute toxicity testing for evaluation
of consumer products (see H.R. 3173) [27MR]
Conference reports
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
Messages
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Reports filed
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
PRYCE, DEBORAH (a Representative from Ohio)
Appointments
British-U.S. Interparliamentary Group [29MR]
Bills and resolutions introduced by
Congress: waive enrollment requirements for certain appropriations
legislation (see H.J. Res. 197) [28SE]
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (H.R. 3517),
consideration of conference report (see H. Res. 497) [31JY]
Dept. of the Interior and related agencies: making appropriations
(H.R. 3662), consideration (see H. Res. 455) [18JN]
Depts. of Commerce, Justice, and State and the Judiciary:
authorizing appropriations (H.R. 3814), consideration (see H.
Res. 479) [16JY]
Families and domestic relations: promote adoption of minority
children (H.R. 3286), consideration (see H. Res. 428) [7MY]
House Rules: authority of the Speaker to declare recess (see H.
Res. 330) [3JA]
------imposition of ``Ramseyer requirement'' on conference reports
(see H. Res. 549) [27SE]
------same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules
(see H. Res. 546) [27SE]
Native Americans: exempt certain adoption and child custody
proceedings from coverage under the Indian Child Welfare Act
(see H.R. 3275) [18AP]
Taxation: treatment of adoption expenses (H.R. 3286),
consideration (see H. Res. 428) [7MY]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
Reports filed
Consideration of Conference Report on H.R. 3517, Dept. of Defense
Appropriations for Military Construction, Family Housing, and
Base Realignment and Closure: Committee on Rules (House) (H.
Res. 497) (H. Rept. 104-731) [31JY]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR]
------Committee on Rules (House) (H. Res. 380) (H. Rept. 104-480)
[12MR]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Consideration of H.R. 3662, Dept. of the Interior and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
455) (H. Rept. 104-627) [18JN]
Consideration of H.R. 3814, Depts. of Commerce, Justice, and State
and the Judiciary Appropriations: Committee on Rules (House)
(H. Res. 479) (H. Rept. 104-678) [16JY]
House Rules Relative to the Speaker's Authority To Declare Recess:
Committee on Rules (House) (H. Res. 330) (H. Rept. 104-445)
[3JA]
Same-Day Consideration of Certain Resolutions and Consideration of
Legislation Under Suspension of the House Rules: Committee on
Rules (House) (H. Res. 546) (H. Rept. 104-855) [27SE]
PUBLIC ASSISTANCE PROGRAMS
see Public Welfare Programs
PUBLIC BROADCASTING
related term(s) News Media
Bills and resolutions
Management: promote financial self-sufficiency (see H.R. 2979)
[28FE]
Messages
Corp. for Public Broadcasting: President Clinton [9JY]
PUBLIC BROADCASTING SERVICE
Bills and resolutions
Public broadcasting: promote financial self-sufficiency (see H.R.
2979) [28FE]
PUBLIC BUILDINGS
Bills and resolutions
Andrew Jacobs, Jr., U.S. Post Office Building, Indianapolis, IN:
designate (see H.R. 4223) [26SE]
Augusta (Gusty) Hornblower U.S. Post Office, Groton, MA: designate
(see H.R. 3768) [10JY]
Carl B. Stokes U.S. Courthouse, Cleveland, OH: designate (see H.R.
4133) [24SE]
Community service: use of public facilities that are acquired,
constructed, or rehabilitated using community development
block grants (see H.R. 3888) [24JY]
Dept. of the Interior: transfer certain facilities of the Minidoka
Project to the Burley Irrigation District (see H.R. 4295)
[28SE]
Dept. of Veterans Affairs: authorize medical facility projects and
leases (see H.R. 3376) [1MY]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: designate
(see H.R. 3029) [6MR]
G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS: designate
(see H.R. 3253) [16AP]
General Joshua Lawrence Chamberlain Post Office, Brewer, ME:
designate (see H.R. 4195) [26SE]
Government: requirements for leasing of space by Federal agencies
(see H.R. 2904) [26JA]
Homeless: make certain Federal facilities available to
organizations for use as temporary homeless shelters (see H.R.
3496) [21MY]
Honorable David H. Pryor Post Office Building, Camden, AR:
designate (see H.R. 3877) [23JY]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: designate (see H.R. 3387) [1MY]
J.J. `Jake' Pickle Federal Building, Austin, TX: designate (see
H.R. 4329) [30SE]
James H. Quillen VA Medical Center, Johnson City, TN: designate
(see H.R. 3320) [25AP]
Jim Wright Post Office Building, Fort Worth, TX: designate (see
H.R. 4232) [27SE]
Kika de la Garza U.S. Border Station, Pharr, TX: designate (see
H.R. 4186) [25SE]
L. Clure Morton Post Office and Courthouse, Cookeville, TN:
designate (see H.R. 4070) [12SE]
Mark O. Hatfield U.S. Courthouse, Portland, OR: designate (see
H.R. 3134) [21MR]
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: designate
(see H.R. 3576) [4JN]
Roger P. McAuliffe Post Office, Chicago, IL: designate (see H.R.
3834) [17JY]
Roman L. Hruska U.S. Courthouse, Omaha, NE: designate (see H.R.
3400) [7MY]
Ronald H. Brown Federal Building, New York, NY: designate (see
H.R. 3560) [30MY]
Rose Y. Caracappa U.S. Post Office Building, Centereach, NY:
designate (see H.R. 3139) [21MR]
Sam M. Gibbons U.S. Courthouse, Tampa, FL: designate (see H.R.
3710) [25JN]
Sam Nunn Federal Center, Atlanta, GA: designate (see H.R. 4152)
[24SE]
Sammy L. Davis Federal Building, Overland, MO: designate (see H.R.
3186) [28MR]
Ted Weiss U.S. Courthouse, New York, NY: designate (see H.R. 3941,
4042) [1AU] [10SE]
W. Edwards Deming Federal Building, Suitland, MD: designate (see
H.R. 3535) [23MY]
William Augustus Bootle Federal Building and U.S. Courthouse,
Macon, GA: designate (see H.R. 4119) [19SE]
William J. Nealon U.S. Courthouse, Scranton, PA: designate (see
H.R. 3364) [30AP]
Reports filed
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: Committee on
Transportation and Infrastructure (House) (H.R. 3029) (H.
Rept. 104-588) [21MY]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
Mark O. Hatfield U.S. Courthouse, Portland, OR: Committee on
Transportation and Infrastructure (House) (H.R. 3134) (H.
Rept. 104-587) [21MY]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: Committee
on Transportation and Infrastructure (House) (H.R. 3576) (H.
Rept. 104-781) [10SE]
Roman L. Hruska U.S. Courthouse, Omaha, NE: Committee on
Transportation and Infrastructure (House) (H.R. 3400) (H.
Rept. 104-610) [6JN]
Sammy L. Davis Federal Building, Overland, MO: Committee on
Transportation and Infrastructure (House) (H.R. 3186) (H.
Rept. 104-609) [6JN]
W. Edwards Deming Federal Building, Suitland, MD: Committee on
Transportation and Infrastructure (House) (H.R. 3535) (H.
Rept. 104-780) [10SE]
William J. Nealon U.S. Courthouse, Scranton, PA: Committee on
Transportation and Infrastructure (House) (H.R. 3364) (H.
Rept. 104-611) [6JN]
PUBLIC DEBT
related term(s) Budget--U.S.
Appointments
Conferees: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions
Budget: reconciliation of the concurrent resolution (see H.R.
2903, 3734, 3829) [26JA] [27JN] [17JY]
------reconciliation of the concurrent resolution (H.R. 2530),
consideration (see H. Res. 333) [4JA]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration (see H. Res. 482) [17JY]
------reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
------reform process (see H.R. 4285) [28SE]
------require President's budget submission to Congress include a
balanced budget plan (see H.R. 3379) [1MY]
------sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
------use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Government: ceiling (see H.R. 2862, 2896, 2897, 2920, 3136; H.
Res. 360) [22JA] [25JA] [31JA] [1FE] [21MR]
------ceiling (H.R. 2409), engrossment (see H. Res. 356) [1FE]
------ceiling (H.R. 3136), consideration (see H. Res. 391) [27MR]
------ceiling (H.R. 3136), waiving enrollment requirements (see
H.J. Res. 168) [26MR]
------enforce debt limit and protect obligated trust funds (see
H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
------improve debt-collection and credit evaluation practices (see
H.R. 3809) [12JY]
------provide that individuals entitled to payments from the
Government may designate those payments for deficit reduction
(see H.R. 3998) [2AU]
[[Page 3122]]
House Rules: question of privilege relative to public debt ceiling
(see H. Res. 354) [31JA]
------same-day consideration of certain resolutions (see H. Res.
412) [24AP]
Petroleum: transfer gasoline tax revenues to transportation trust
funds (see H.R. 3372, 3384) [1MY]
Social Security: investment of surplus from trust funds and
protection from public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 2928) [1FE]
------payment of benefits relative to the debt limit extension
(see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
Conference reports
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Messages
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Motions
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY] [24JY]
Government: ceiling (H.R. 3136) [28MR]
House Rules: same-day consideration of certain resolutions (H.
Res. 412) [25AP]
Reports filed
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
House Rules Relative to Same-Day Consideration of Certain
Resolutions: Committee on Rules (House) (H. Res. 412) (H.
Rept. 104-535) [24AP]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
PUBLIC DOCUMENTS
Bills and resolutions
House of Representatives: require Members to submit annual reports
on federally funded travel for publication in the
Congressional Record (see H. Res. 423) [2MY]
PUBLIC HEALTH SERVICE
related term(s) Centers for Disease Control; Health
Appointments
Conferees: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Diseases: extend breast cancer research programs (see H.R. 3443)
[10MY]
------research programs for lymphangioleiomyomatosis disease (see
H.R. 3715) [25JN]
------research programs for Parkinson's disease (see H.R. 3514)
[22MY]
Health: establish a program for training in lifesaving first aid
for individuals experiencing cardiac arrest (see H.R. 3022)
[6MR]
Health care facilities: consolidate certain health center programs
(see H.R. 3081) [13MR]
NIH: expand and coordinate National Heart, Lung, and Blood
Institute activities on women's diseases (see H.R. 3001)
[29FE]
------expand programs to research osteoporosis and related bone
diseases (see H.R. 3331) [25AP]
Public Health Service: extend breast cancer research programs (see
H.R. 3443) [10MY]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
Women: preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
Conference reports
Comprehensive AIDS Resources Emergency Act Reauthorization (S.
641) [30AP]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Motions
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Comprehensive AIDS Resources Emergency Act Reauthorization:
Committee of Conference (S. 641) (H. Rept. 104-545) [30AP]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Health Studies and Programs Relative to Traumatic Brain Injuries:
Committee on Commerce (House) (H.R. 248) (H. Rept. 104-652)
[27JN]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
PUBLIC HEALTH SERVICE ACT
Bills and resolutions
Diseases: provide inclusive information service (see H.R. 4257)
[27SE]
Health: improve and expand clinical research programs (see H.R.
3587, 3904) [5JN] [25JY]
Public Health Service: extend breast cancer research programs (see
H.R. 3443) [10MY]
PUBLIC HOUSING REFORM AND EMPOWERMENT ACT
Appointments
Conferees: S. 1260, provisions [9MY]
PUBLIC LANDS
Bills and resolutions
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
Archeology: collection of fossils (see H.R. 2943) [1FE]
Arizona: acquisition by eminent domain of certain State trust
lands (see H.R. 3929) [31JY]
Big Cypress National Preserve: operation of certain tour
businesses in newly acquired areas (see H.R. 3620) [12JN]
BLM: authorizing appropriations (see H.R. 3290) [23AP]
Boundary Waters Canoe Area Wilderness: improve access and use (see
H.R. 3297) [23AP]
Bureau of Reclamation: settlement with Oroville-Tonasket
Irrigation District (see H.R. 3777) [10JY]
California: conveyance of certain property (see H.R. 3083) [14MR]
------exchange of certain Federal lands (see H.R. 3146, 3147)
[21MR]
------management of the Presidio facilities (see H.R. 4236) [27SE]
------management of the Presidio facilities (H.R. 1296),
consideration of conference report (see H. Res. 536) [25SE]
------pilot project in the Plumas, Lassen, and Tahoe National
Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
------settlement of issues and claims relative to trust lands of
the Torres-Martinez Desert Cahuilla Indians (see H.R. 3640)
[13JN]
------transfer of public lands to certain Indian tribes (see H.R.
3642) [13JN]
Carbon Hill National Fish Hatchery: convey to Alabama (see H.R.
2982) [28FE]
Crawford National Fish Hatchery: convey to Crawford, NE (see H.R.
3287) [23AP]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Coast Guard: conveyance of Presque Isle Light Station, MI (see
H.R. 3344) [25AP]
Collbaran reclamation project: land conveyance (see H.R. 3366)
[30AP]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
Crook County, WY: conveyance of U.S. Fish and Wildlife Service
lands to Wyoming (see H.R. 3579) [5JN]
Dept. of Agriculture: provide for maintenance of concrete dams and
weirs located in the Emigrant Wilderness area (see H.R. 3886)
[24JY]
Dept. of the Interior: transfer Palmetto Bend Project (see H.R.
3822) [16JY]
Dos Palos, CA: conveyance of certain lands to the Dos Palos Ag
Boosters (see H.R. 4041) [10SE]
Dutch John, UT: dispose of certain Federal properties and assist
local government in the interim delivery of basic services
(see H.R. 3486) [16MY]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Education: Impact Aid Program reform (see H.R. 2886) [25JA]
------provide hold-harmless payment amounts for impact-aid
payments relative to Federal acquisition of real property (see
H.R. 3269) [18AP]
Everglades National Park: designate Earnest F. Coe Visitor Center
(see H.R. 4241) [27SE]
Federal aid programs: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
Gates of the Arctic National Park and Preserve: land exchange
(H.R. 400), return to Senate (see H. Res. 554) [30SE]
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
Guam: acquire excess real property and release lands from a
condition on disposal (see H.R. 3501) [21MY]
Helium: recovery and disposal (see H.R. 3008) [5MR]
Hinsdale, CO: land exchange (see H.R. 4213) [26SE]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
Mariemont, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 3072) [12MR]
Marion National Fish Hatchery: convey to Alabama (see H.R. 3557)
[30MY]
Marjory Stoneman Douglas Wilderness: designate (see H.R. 4241)
[27SE]
Mark Twain National Forest, MO: boundary adjustment (see H.R.
3464) [15MY]
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
Minnesota: enhance conservation and protection of Boundary Waters
Canoe Area Wilderness and Voyageurs National Park (see H.R.
3470) [16MY]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments (see H.R. 4118)
[19SE]
------limit authority of the President to designate certain areas
as national monuments in California (see H.R. 4242) [27SE]
------prohibit extension or establishment of any national monument
in Idaho without public participation and an express act of
Congress [19SE]
[[Page 3123]]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147, 4214) [24SE] [26SE]
Myton, UT: transfer certain lands to Utah Division of Wildlife
Resources (see H.R. 3627) [12JN]
National parks and recreation areas: authorize entrance fees to
secure bonds for capital improvements (see H.R. 3788) [11JY]
Native Americans: provide that certain tribal lands held in trust
be defined as entitlement land (see H.R. 4202) [26SE]
Nevada: disposal and acquisition of certain lands (see H.R. 3127)
[20MR]
New Mexico: land conveyance to Carlsbad Irrigation District (see
H.R. 3258) [17AP]
Ohio: designate Fallen Timbers Battlefield, Fort Meigs, and Fort
Miamis as national historic sites (see H.R. 4174) [25SE]
Oregon: transfer of Oregon and California Railroad Grant Lands,
Coos Bay Military Wagon Road Grant Lands, and public domain
lands (see H.R. 3769) [10JY]
Pictured Rocks National Lakeshore: authorize improvements to a
county road and prohibit construction of a scenic shoreline
drive (see H.R. 2958) [1FE]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Public utilities: right-of-way fees and liability standards
affecting rural electric cooperatives and other lessees (see
H.R. 3377) [1MY]
Real estate: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
Santa Cruz Island, CA: acquire certain lands (see H.R. 4059)
[11SE]
Sequoia National Forest: preservation of Giant Sequoia ecosystem
and increase recreational opportunities (see H.R. 3873) [23JY]
Sequoia National Park: renewal of cabin permits to heirs in
Mineral King Addition (see H.R. 3534) [23MY]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
Snoqualmie National Forest: expand boundaries (see H.R. 3497)
[21MY]
Southwest Montana Heritage and Recreation Area: establish (see
H.R. 3318) [24AP]
Stanislaus County, CA: conveyance of certain lands (see H.R. 4088)
[17SE]
Steubenville, OH: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 4021) [4SE]
Talladega National Forest: designate certain lands as the Dugger
Mountain Wilderness (see H.R. 4087) [17SE]
Tallgrass Prairie National Preserve: establish (see H.R. 4043)
[10SE]
Tennessee: authorize haying and grazing on certain lands (see H.R.
3554) [30MY]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Voyageurs National Park Intergovernmental Council: establish (see
H.R. 3298, 3880) [23AP] [23JY]
Walhalla National Fish Hatchery: convey to South Carolina (see
H.R. 3546) [29MY]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
William L. Jess Dam and Intake Structure, Jackson County, OR:
designate (see H.R. 3875) [23JY]
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
Conference reports
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Motions
California: management of the Presidio facilities (H.R. 4236)
[28SE]
Reports filed
Alaska Native Claims Settlement Act Amendments: Committee on
Resources (House) (H.R. 2505) (H. Rept. 104-797) [17SE]
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
BLM Appropriations: Committee on Resources (House) (H.R. 3290) (H.
Rept. 104-658) [8JY]
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition: Committee on Resources (House) (H.R. 3534) (H.
Rept. 104-866) [3OC]
California Exchange of Certain Federal Lands: Committee on
Resources (House) (H.R. 3147) (H. Rept. 104-760) [4SE]
California Land Conveyance to the Del Norte County Unified School
District: Committee on Resources (House) (H.R. 2709) (H. Rept.
104-763) [4SE]
California Land Conveyance to the Hoopa Valley Tribe: Committee on
Resources (House) (H.R. 2710) (H. Rept. 104-762) [4SE]
California Public Land Transfer to Certain Indian Tribes:
Committee on Resources (House) (H.R. 3642) (H. Rept. 104-767)
[4SE]
Carbon Hill National Fish Hatchery Conveyance to Alabama:
Committee on Resources (House) (H.R. 2982) (H. Rept. 104-568)
[8MY]
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming: Committee on Resources (House) (H.R.
3579) (H. Rept. 104-711) [26JY]
Crawford National Fish Hatchery Conveyance to Crawford, NE:
Committee on Resources (House) (H.R. 3287) (H. Rept. 104-700)
[24JY]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Goshute Indian Reservation Additional Lands: Committee on
Resources (House) (H.R. 2464) (H. Rept. 104-562) [7MY]
Gunnison County, CO, Land Conveyance: Committee on Resources
(House) (H.R. 2438) (H. Rept. 104-766) [4SE]
Gustavus, AK, Land Exchange: Committee on Resources (House) (H.R.
2561) (H. Rept. 104-840) [25SE]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Resources (House) (H.R. 401) (H.
Rept. 104-756) [4SE]
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
Marion National Fish Hatchery Conveyance to Alabama: Committee on
Resources (House) (H.R. 3557) (H. Rept. 104-702) [24JY]
Mark Twain National Forest, MO, Boundary Adjustment: Committee on
Agriculture (House) (H.R. 3464) (H. Rept. 104-654) [8JY]
North Platte National Wildlife Refuge Boundary Adjustment:
Committee on Resources (House) (H.R. 2679) (H. Rept. 104-527)
[18AP]
Oahu National Wildlife Refuge Complex Acquisition of Certain
Interests in the Waihee Marsh and Waihee Stream: Committee on
Resources (House) (H.R. 1772) (H. Rept. 104-528) [22AP]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
Public Rangelands Management Act: Committee on Resources (House)
(S. 1459) (H. Rept. 104-674) [12JY]
Release of Reversionary Interest in Certain Iosco, MI, Lands Held
by the Federal Government: Committee on Agriculture (House)
(H.R. 2670) (H. Rept. 104-644) [27JN]
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys: Committee on Resources (House)
(H.R. 2135) (H. Rept. 104-755) [4SE]
Settlement of Issues and Claims Relative to Trust Lands of the
Torres-Martinez Desert Cahuilla Indians: Committee on
Resources (House) (H.R. 3640) (H. Rept. 104-777) [5SE]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
Snoqualmie National Forest Boundary Expansion: Committee on
Resources (House) (H.R. 3497) (H. Rept. 104-816) [23SE]
Snowbasin Ski Area, UT, Land Exchange: Committee on Resources
(House) (H.R. 2824) (H. Rept. 104-493) [25MR]
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
Transfer Jurisdiction Over Certain Federal Real Property in the
District of Columbia: Committee on Resources (House) (H.R.
2636) (H. Rept. 104-368) [26JY]
Walhalla National Fish Hatchery Conveyance to South Carolina:
Committee on Resources (House) (H.R. 3546) H. Rept. 104-701)
[24JY]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
PUBLIC OPINION POLLS
Bills and resolutions
Government regulations: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
PUBLIC RANGELANDS MANAGEMENT ACT
Reports filed
Provisions: Committee on Resources (House) (S. 1459) (H. Rept.
104-674) [12JY]
PUBLIC SAFETY
see Safety
PUBLIC UTILITIES
Appointments
Conferees: H.R. 3816, energy and water development appropriations
[5SE]
Bills and resolutions
District of Columbia: permit council to authorize the issuance of
revenue bonds relative to water and sewer facilities (see H.R.
3663) [18JN]
Electric power: establish a commission to minimize the
environmental impacts associated with electric utility
restructuring (see H.R. 3172) [27MR]
------provide for competition in industry (see H.R. 2929, 3782,
3790) [1FE] [11JY]
[[Page 3124]]
------provide for retail competition among suppliers (see H.R.
4297) [28SE]
Energy and water development: making appropriations (see H.R.
3816) [16JY]
------making appropriations (H.R. 3816), consideration (see H.
Res. 483) [18JY]
FERC: disapproving of rules concerning open access transmission
services of public utilities (see H.J. Res. 178) [1MY]
Government regulations: revision of the regulatory policies
governing public utility holding companies (see H.R. 3601)
[6JN]
Motor vehicles: remove limitations on maximum driving and on-duty
time of utility vehicle operators and drivers (see H.R. 3480,
3492) [16MY]
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
Water: authorize the construction of the Fort Peck Rural County
Water Supply System (see H.R. 4188) [25SE]
------biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Conference reports
Energy and Water Development Appropriations (H.R. 3816) [12SE]
Motions
Energy and water development: making appropriations (H.R. 3816)
[5SE]
------making appropriations (H.R. 3816), conference report [12SE]
Reports filed
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Consideration of H.R. 3816, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 483) (H.
Rept. 104-687) [18JY]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
Energy and Water Development Appropriations: Committee of
Conference (H.R. 3816) (H. Rept. 104-782) [12SE]
------Committee on Appropriations (House) (H.R. 3816) (H. Rept.
104-679) [16JY]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
Fort Peck Rural County Water Supply System Act: Committee on
Resources (House) (S. 1467) (H. Rept. 104-769) [4SE]
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities:
Committee on Government Reform and Oversight (House) (H.R.
3663) (H. Rept. 104-635) [25JN]
Prepayment of Federal Repayment Contracts by the Central Utah
Water Conservancy District: Committee on Resources (House)
(H.R. 1823) (H. Rept. 104-531) [23AP]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
PUBLIC UTILITY COMPANY ACT
Bills and resolutions
Public utilities: provide for competition in electric power
industry (see H.R. 3782) [11JY]
PUBLIC UTILITY HOLDING COMPANY ACT
Bills and resolutions
Enact (see H.R. 3601) [6JN]
PUBLIC UTILITY REGULATORY POLICIES ACT
Bills and resolutions
Public utilities: provide for competition in electric power
industry (see H.R. 2929, 3782) [1FE] [11JY]
PUBLIC WELFARE PROGRAMS
related term(s) Federal Aid Programs; Food Stamps; Social Security
Appointments
Conferees: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions
Aliens: modify laws relative to public assistance and benefits
(see H.R. 4335) [30SE]
Children and youth: consolidate and expand Federal child care
programs (see H.R. 3860) [18JY]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Crime: reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
Dept. of HHS: application for waiver of certain AFDC and Medicaid
demonstration projects (see H.R. 3696) [20JN]
Dept. of HUD: notify local government about proposed assisted
multifamily housing projects (see H.R. 4064) [12SE]
------withhold public housing assistance to State agencies that
impede eviction of a tenant (see H.R. 3865) [22JY]
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
------reduction of teenage pregnancy rates through evaluation of
prevention programs (see H.R. 3940) [1AU]
Federal aid programs: improve program of block grants to States
for temporary assistance to needy families (see H.R. 4324)
[28SE]
FHA: streamline certain single family housing programs (see H.R.
3742) [27JN]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
Government: coordinate Federal financial assistance programs to
streamline Government operations (see H.R. 3064) [12MR]
------reform unemployment benefit system (see H.R. 3738) [27JN]
Homeless: assistance (see H.R. 3347) [25AP]
------consolidate Federal housing assistance programs (see H.R.
3964) [2AU]
------housing programs for veterans (see H.R. 4132) [23SE]
------reintegration assistance for veterans (see H.R. 3611) [11JN]
Housing: authorize, revise, and extend certain Federal programs
(see H.R. 3743) [27JN]
------deregulate public housing and rental assistance programs
(H.R. 2406), consideration (see H. Res. 426) [7MY]
------enforcement of regulatory requirements for single-and
multifamily housing (see H.R. 3741) [27JN]
Immigration: treatment of legal immigrants (see H.R. 4122) [19SE]
Medicaid: waiver of enrollment composition rule for the District
of Columbia Chartered Health Plan (see H.R. 3264) [17AP]
------waiver of enrollment composition rule relative to certain
HMOs (see H.R. 3866, 3871, 4227) [22JY] [23JY] [26SE]
Medicare: demonstration project to improve the quality and cost-
effectiveness of telemedicine and medical informatic networks
(see H.R. 4268) [27SE]
Michigan: approval of waivers submitted by Michigan to conduct
``To Strengthen Michigan Families'' project (see H.R. 3732)
[27JN]
Native Americans: exempt certain adoption and child custody
proceedings from coverage under the Indian Child Welfare Act
(see H.R. 3275) [18AP]
------exempt voluntary child custody proceedings from coverage
(see H.R. 3156) [22MR]
------regulations relative to certain adoption and child custody
proceedings (see H.R. 3828) [16JY]
Nutrition programs: funding (see H.R. 4275) [28SE]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Public buildings: make certain Federal facilities available to
organizations for use as temporary homeless shelters (see H.R.
3496) [21MY]
Reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA] [22MY]
[11JN] [27JN] [17JY]
Reform (H.R. 2915): consideration (see H. Res. 425) [6MY]
Reform (H.R. 3734): consideration (see H. Res. 482) [17JY]
------consideration of conference report (see H. Res. 492, 495)
[30JY] [31JY]
Rental housing: prohibit Federal assistance to owners whose
tenants are family members (see H.R. 3963) [2AU]
Social Security: exempt States from certain regulatory
requirements relative to electronic distribution of benefits
(see H.R. 4089) [17SE]
------placement of children with adult relatives who meet State
child protection standards (see H.R. 3650) [13JN]
States: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------ensure sufficient funds to assure effectiveness of work
requirements of certain programs (see H.R. 3999) [2AU]
Wisconsin: approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (see H.R. 3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
Conference reports
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Messages
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Motions
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Reform (H.R. 3734) [18JY] [24JY]
Reports filed
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 2406, U.S. Housing Act: Committee on Rules
(House) (H. Res. 426) (H. Rept. 104-564) [7MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Medicaid Osteopathic Services: Committee on Commerce (House) (H.R.
1791) (H. Rept. 104-826) [24SE]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs: Committee on Commerce (House) (H.R. 3871) (H. Rept. 104-
752) [2AU]
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
[[Page 3125]]
Railroad Unemployment Insurance Act Amendments: Committee on
Transportation and Infrastructure (House) (H.R. 2594) (H.
Rept. 104-525) [18AP]
U.S. Housing Act: Committee on Banking and Financial Services
(House) (H.R. 2406) (H. Rept. 104-461) [25AP]
PUBLIC WORKS
Appointments
Conferees: H.R. 3816, energy and water development appropriations
[5SE]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
Bills and resolutions
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
------prohibit Federal funding for dam construction on American
River (see H.R. 2951) [1FE]
Beaches: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
Corps of Engineers: authorize capital improvements for the
Washington Aqueduct (see H.R. 2917) [31JA]
------authorize water conservation and river and harbor
improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
------construction of flood control project on the Sacramento and
American Rivers, CA (see H.R. 3270) [18AP]
Dams: reduce hazards of dam failures (see H.R. 3602) [6JN]
Dept. of Agriculture: provide for maintenance of concrete dams and
weirs located in the Emigrant Wilderness area (see H.R. 3886)
[24JY]
Dept. of the Interior: transfer Palmetto Bend Project (see H.R.
3822) [16JY]
Employment: national program to create jobs and restore
infrastructure (see H.R. 3469) [16MY]
Energy and water development: making appropriations (see H.R.
3816) [16JY]
------making appropriations (H.R. 3816), consideration (see H.
Res. 483) [18JY]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Massachusetts: deauthorize a portion of the navigation project for
Weymouth-Fore and Town Rivers (see H.R. 2957) [1FE]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
New Mexico: redesignate the Jemez Canyon Dam as Tamaya Dam (see
H.R. 2989) [28FE]
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
Reclamation Wastewater and Groundwater Study and Facilities Act:
amend (see H.R. 3660) [17JN]
Roads and highways: construction funding (see H.R. 3775) [10JY]
------reuse or disposal of construction and demolition debris (see
H.R. 3522) [23MY]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
Urban areas: metropolitan planning (see H.R. 4330) [30SE]
Water: authorize the construction of the Fort Peck Rural County
Water Supply System (see H.R. 4188) [25SE]
Conference reports
Energy and Water Development Appropriations (H.R. 3816) [12SE]
Water Resources Development Act (S. 640) [25SE]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Energy and water development: making appropriations (H.R. 3816)
[5SE]
------making appropriations (H.R. 3816), conference report [12SE]
Reports filed
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Consideration of H.R. 3816, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 483) (H.
Rept. 104-687) [18JY]
Energy and Water Development Appropriations: Committee of
Conference (H.R. 3816) (H. Rept. 104-782) [12SE]
------Committee on Appropriations (House) (H.R. 3816) (H. Rept.
104-679) [16JY]
Fort Peck Rural County Water Supply System Act: Committee on
Resources (House) (S. 1467) (H. Rept. 104-769) [4SE]
Prepayment of Federal Repayment Contracts by the Central Utah
Water Conservancy District: Committee on Resources (House)
(H.R. 1823) (H. Rept. 104-531) [23AP]
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments: Committee on Resources (House) (H.R. 3660) (H.
Rept. 104-703) [24JY]
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
Reports filed
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
PUBLICATIONS
related term(s) Literature; News Media
Bills and resolutions
Floods: correct flood maps containing certain errors (see H.R.
3340) [25AP]
National Historical Publications and Records Commission:
authorizing appropriations (see H.R. 3625) [12JN]
Reports filed
House of Representatives Official Allowance That Represents
Administrative Reforms: Committee on House Oversight (House)
(H.R. 2739) (H. Rept. 104-482) [14MR]
PUERTO RICO, COMMONWEALTH OF
Bills and resolutions
Financial institutions: relief for certain loans (see H.R. 4269)
[27SE]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
Self-determination (see H.R. 3024, 4228, 4281) [6MR] [27SE] [28SE]
Tourist trade: application of coastwise trade laws relative to
travel to or from Puerto Rico (see H.R. 3020) [6MR]
Reports filed
Puerto Rico Self-Determination: Committee on Resources (House)
(H.R. 3024) (H. Rept. 104-713) [26JY]
------Committee on Rules (House) (H.R. 3024) (H. Rept. 104-713)
[18SE]
PYRAMID OF REMEMBRANCE FOUNDATION
Bills and resolutions
Veterans: authorize the Pyramid of Remembrance Foundation to
establish a memorial dedicated to soldiers who have died in
foreign conflicts (see H.R. 3442) [10MY]
QUEENS COUNTY, NY
Bills and resolutions
Waterways: declare certain areas as nonnavigable waters (see H.R.
2987) [28FE]
QUIET SQUAW (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3701) [20JN]
QUILLEN, JAMES H. (JIMMY) (a Representative from Tennessee)
Bills and resolutions introduced by
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (H.R. 3517),
consideration (see H. Res. 442) [29MY]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666), consideration
(see H. Res. 456) [19JN]
Energy and water development: making appropriations (H.R. 3816),
consideration (see H. Res. 483) [18JY]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 161) [28FE]
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
Tariff: certain iron and steel pipe and tube products (see H.R.
3255) [16AP]
------DEMT (see H.R. 4057) [11SE]
------Fybrel [SWP] (see H.R. 3254) [16AP]
Transportation: provide off-budget treatment for certain
transportation trust funds (H.R. 842), consideration [29MR]
Reports filed
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
Consideration of H.R. 3517, Dept. of Defense Appropriations for
Military Construction, Family Housing, and Base Realignment
and Closure: Committee on Rules (House) (H. Res. 442) (H.
Rept. 104-599) [29MY]
Consideration of H.R. 3666, Depts. of Veterans Affairs and HUD,
and Sundry Independent Agencies Appropriations: Committee on
Rules (House) (H. Res. 456) (H. Rept. 104-630) [19JN]
Consideration of H.R. 3816, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 483) (H.
Rept. 104-687) [18JY]
QUINCY LIBRARY GROUP
Bills and resolutions
California: pilot project in the Plumas, Lassen, and Tahoe
National Forests to demonstrate resource management activity
effectiveness (see H.R. 4082) [17SE]
QUINN, JACK (a Representative from New York)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919) [31JA]
Minimum wage: level (see H.R. 3265) [17AP]
Poland: anniversary of adoption of constitution (see H. Con. Res.
165) [18AP]
Veterans: priority health care to individuals who served in Israel
or Turkey during the Persian Gulf Conflict (see H.R. 3418)
[8MY]
Weather: establish disaster and emergency assistance standards
relative to snow-related events (see H.R. 3348) [29AP]
QUINN, JOHN M.
Reports filed
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
RACIAL RELATIONS
Bills and resolutions
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
[[Page 3126]]
Crime: condemn acts of arson against churches and enhance law
enforcement and prosecution of arsonists (see H. Con. Res.
183, 186, 187) [11JN] [13JN]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
National Telecommunications and Information Administration: report
on hate speech relative to the Internet (see H.R. 3781) [10JY]
Paperwork Reduction Act: use of term ``multiracial or
multiethnic'' on classification lists (see H.R. 3920) [30JY]
RADANOVICH, GEORGE P. (a Representative from California)
Bills and resolutions introduced by
California: exchange of certain Federal lands (see H.R. 3146,
3147) [21MR]
Sequoia National Park: renewal of cabin permits to heirs in
Mineral King Addition (see H.R. 3534) [23MY]
RADIO
related term(s) News Media; Public Broadcasting; Telecommunications
Bills and resolutions
Alcoholic beverages: prohibit advertising of distilled spirits on
radio and television (see H.R. 3644) [13JN]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
------reform (see H.R. 3957) [2AU]
------require promotion of sharing of broadcasting tower
facilities (see H.R. 3945) [1AU]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Public broadcasting: promote financial self-sufficiency (see H.R.
2979) [28FE]
Telecommunications: continued operation of certain overlapping
stations (see H.R. 3073) [12MR]
Volunteer workers: utilization relative to amateur radio service
(see H.R. 3207) [29MR]
Messages
Corp. for Public Broadcasting: President Clinton [9JY]
RADIOACTIVE SUBSTANCES
Bills and resolutions
Dept. of Energy: suspend reprocessing activities for spent nuclear
fuel and radioactive target materials (see H. Con. Res. 197)
[10JY]
Dept. of Veterans Affairs: priority health care to certain
veterans exposed to hazardous or radioactive substances (see
H.R. 3643) [13JN]
Drugs: review use of radiopharmaceuticals (see H.R. 3065) [12MR]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Refuse disposal: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Uranium Mill Tailings Radiation Control Act: authorizing
appropriations (see H.R. 2967) [23FE]
Messages
Radiation Control for Health and Safety Act: President Clinton
[27MR]
Reports filed
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
Uranium Mill Tailings Radiation Control Act Appropriations:
Committee on Commerce (House) (H.R. 2967) (H. Rept. 104-536)
[24AP]
Waste Isolation Pilot Plant Land Withdrawal Act Amendments:
Committee on Commerce (House) (H.R. 1663) (H. Rept. 104-540)
[25AP]
RAHALL, NICK J., II (a Representative from West Virginia)
Bills and resolutions introduced by
Lebanon: recognize territorial integrity, unity, sovereignty, and
independence (see H. Con. Res. 209) [2AU]
Petroleum: transfer gasoline tax revenues to transportation trust
funds (see H.R. 3372) [1MY]
RAILROAD RETIREMENT ACT
Bills and resolutions
Employment: provide for retirement savings and security (see H.R.
3520) [23MY]
RAILROAD RETIREMENT BOARD
Bills and resolutions
Pensions: prevent the canceling of annuities to certain divorced
spouses of workers whose widows elect to receive lump sum
payments (see H.R. 2942) [1FE]
Railroads: making continuing appropriations for railroad
retirement benefits (see H.J. Res. 156) [4JA]
Messages
Report: President Clinton [27SE]
RAILROAD UNEMPLOYMENT INSURANCE ACT
Reports filed
Amendments: Committee on Transportation and Infrastructure (House)
(H.R. 2594) (H. Rept. 104-525) [18AP]
RAILROADS
related term(s) Cargo Transportation
Bills and resolutions
Crime: strengthen penalties and prohibitions against sabotage of
rail transportation or other mass transit (see H.R. 2949)
[1FE]
Federal Railroad Administration: reform administration and improve
safety laws (see H.R. 3335) [25AP]
Oregon: transfer of Oregon and California Railroad Grant Lands,
Coos Bay Military Wagon Road Grant Lands, and public domain
lands (see H.R. 3769) [10JY]
Pensions: making continuing appropriations for railroad retirement
benefits (see H.J. Res. 156) [4JA]
Railroad Retirement Board: prevent the canceling of annuities to
certain divorced spouses of workers whose widows elect to
receive lump sum payments (see H.R. 2942) [1FE]
Roads and highways: improve safety at grade crossings (see H.R.
3000) [29FE]
Safety: hours of service of employees (see H.R. 3413) [8MY]
------implementation of exemptions to train whistle requirements
at public highway-rail grade crossings (see H. Con. Res. 201)
[25JY]
------improve rail transportation safety (see H.R. 3106, 3578)
[18MR] [5JN]
Taxation: establish intercity passenger rail service trust fund
(see H.R. 4106) [18SE]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
------prohibit smoking in any federally financed transportation
facility (see H.R. 4333) [30SE]
Messages
Railroad Retirement Board: President Clinton [27SE]
Reports filed
Railroad Unemployment Insurance Act Amendments: Committee on
Transportation and Infrastructure (House) (H.R. 2594) (H.
Rept. 104-525) [18AP]
Validate Certain Conveyances Made by Southern Pacific
Transportation Co., in Reno, NV, and Tulare, CA: Committee on
Resources (House) (H.R. 1784) (H. Rept. 104-691) [18JY]
RALPH DAVID ABERNATHY MEMORIAL FOUNDATION
Bills and resolutions
Monuments and memorials: extend authority to establish memorial
(see H.J. Res. 183) [11JY]
RAMSTAD, JIM (a Representative from Minnesota)
Bills and resolutions introduced by
Harold Hughes Commission on Alcoholism: establish (see H.R. 3600)
[6JN]
Medicare: eligibility of certain hospitals that own skilled
nursing facilities relative to geographic reclassification
(see H.R. 4158) [24SE]
------extend community nursing organization demonstration projects
(see H.R. 3337) [25AP]
Tariff: plastic web sheeting (see H.R. 4003) [2AU]
Taxation: treatment of organizations that conduct certain games of
chance (see H.R. 4157) [24SE]
RANCHERS
see Agriculture
RANGEL, CHARLES B. (a Representative from New York)
Appointments
Conferee: H.R. 3448, Small Business Job Protection Act [26JY]
Mexico-U.S. Interparliamentary Group [1MY]
Bills and resolutions introduced by
Children and youth: proclaim as greatest U.S. asset (see H. Res.
434) [14MY]
Medicare: demonstration project to improve the quality and cost-
effectiveness of telemedicine and medical informatic networks
(see H.R. 4268) [27SE]
Ronald H. Brown Federal Building, New York, NY: designate (see
H.R. 3560) [30MY]
Taxation: treatment of environmental remediation costs in
empowerment and enterprise zones (see H.R. 3747) [27JN]
------treatment of financial guaranty insurance (see H.R. 3703)
[24JN]
Motions offered by
Petroleum: gasoline tax (H.R. 3415) [21MY]
REAL ESTATE
Bills and resolutions
Advisory Council on Historic Preservation: reauthorize (see H.R.
3031) [6MR]
Arizona: acquisition by eminent domain of certain State trust
lands (see H.R. 3929) [31JY]
California: conveyance of certain property (see H.R. 3083) [14MR]
------exchange of certain Federal lands (see H.R. 3146, 3147)
[21MR]
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Courts: protect private property from forfeiture or Government
seizure (see H.R. 3194) [28MR]
Dept. of HUD: terminate the property disposition program providing
single-family properties for use for the homeless (see H.R.
4085) [17SE]
Dept. of Veterans Affairs: extend enhanced loan asset sale
authority (see H.R. 3459) [15MY]
Disasters: provide windstorm insurance to certain property owners
and require study relative to taxation of insurance reserves
for future natural disasters (see H.R. 4115) [19SE]
Dutch John, UT: dispose of certain Federal properties and assist
local government in the interim delivery of basic services
(see H.R. 3486) [16MY]
Education: Impact Aid Program reform (see H.R. 2886) [25JA]
------provide hold-harmless payment amounts for impact-aid
payments relative to Federal acquisition of real property (see
H.R. 3269) [18AP]
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Government: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
------requirements for leasing of space by Federal agencies (see
H.R. 2904) [26JA]
Hawaiian Homes Commission Act: amend (see H.J. Res. 192) [16SE]
Housing: adjust mortgage loan limits (see H.R. 4063) [12SE]
Mortgages: insure and promote consumer education of home equity
conversion mortgages (see H.R. 3897) [25JY]
Native Americans: require uniform appraisals of certain leaseholds
of restricted Indian lands (see H.R. 4260) [27SE]
New Mexico: land conveyance to Carlsbad Irrigation District (see
H.R. 3258) [17AP]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Taxation: application of the alternative minimum tax to
installment sales of farm property (see H.R. 4072) [12SE]
[[Page 3127]]
------credit for transfer of certain property for conservation
purposes (see H.R. 4201) [26SE]
------extend the veterans' adjustable rate mortgage demonstration
project (see H.R. 3939) [1AU]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Motions
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Reports filed
California Exchange of Certain Federal Lands: Committee on
Resources (House) (H.R. 3147) (H. Rept. 104-760) [4SE]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys: Committee on Resources (House)
(H.R. 2135) (H. Rept. 104-755) [4SE]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
Transfer Jurisdiction Over Certain Federal Real Property in the
District of Columbia: Committee on Resources (House) (H.R.
2636) (H. Rept. 104-368) [26JY]
Validate Certain Conveyances Made by Southern Pacific
Transportation Co., in Reno, NV, and Tulare, CA: Committee on
Resources (House) (H.R. 1784) (H. Rept. 104-691) [18JY]
REAL PROPERTY
see Real Estate
RECESSION
see Economy
RECLAMATION OF LAND
see Land Use
RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT
Bills and resolutions
Amend (see H.R. 3660) [17JN]
Reports filed
Amendments: Committee on Resources (House) (H.R. 3660) (H. Rept.
104-703) [24JY]
RECREATION AREAS
see Parks and Recreation Areas
RECYCLED MATERIALS
related term(s) Refuse Disposal
Reports filed
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
RECYCLING
related term(s) Ecology and Environment
Bills and resolutions
House of Representatives: implementation of Office Waste Recycling
Program (see H. Res. 513) [2AU]
Roads and highways: reuse or disposal of construction and
demolition debris (see H.R. 3522) [23MY]
Taxation: refundable income credit to businesses which recycle
office wastes (see H.R. 3955) [2AU]
Reports filed
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
RED CRESCENT MOVEMENT (Islamic foreign aid organization)
Bills and resolutions
International Red Cross: recognition of non-Christian symbols (see
H. Res. 464) [25JN]
RED CROSS
see International Red Cross
REED, JACK (a Representative from Rhode Island)
Appointments
Conferee: H.R. 2977, Administrative Dispute Resolution Act [19SE]
Bills and resolutions introduced by
Firearms: standards for certain foreign and domestically-produced
handguns (see H.R. 3652) [13JN]
Foreign trade: require that imported jewelry be indelibly marked
with the country of origin (see H.R. 4074) [12SE]
------require that imported jewelry boxes be indelibly marked with
the country of origin (see H.R. 4216) [26SE]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
REFUGEES
related term(s) Immigration
Appointments
Conferees: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
Bills and resolutions
Cuban Liberty and Democratic Solidarity Act: amend relative to the
exclusion of certain aliens (see H.R. 3980) [2AU]
Dept. of State: treatment of adult children of Vietnamese
reeducation camp internees relative to resettlement in the
U.S. (see H. Res. 493) [30JY]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration (see H. Res. 384) [14MR]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), consideration of conference report (see
H. Res. 528) [24SE]
------allow certain aliens to obtain nonimmigrant visitor's visas
(see H.R. 4210) [26SE]
------asylum reform (see H.R. 3744) [27JN]
Public welfare programs: treatment of legal immigrants (see H.R.
4122) [19SE]
Conference reports
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Motions
Immigration: admission policies reform, treatment of criminal
aliens, alien smuggling, documentation requirements, and
border security (H.R. 2202) [21MR] [11SE]
------admission policies reform, treatment of criminal aliens,
alien smuggling, documentation requirements, and border
security (H.R. 2202), conference report [25SE]
Reports filed
Consideration of Conference Report on H.R. 2202, Illegal
Immigration Reform and Immigrant Responsibility Act: Committee
on Rules (House) (H. Res. 528) (H. Rept. 104-829) [24SE]
Consideration of H.R. 2202, Illegal Immigration Reform and
Immigrant Responsibility Act: Committee on Rules (House) (H.
Res. 384) (H. Rept. 104-483) [14MR]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee of Conference (H.R. 2202) (H. Rept. 104-828) [24SE]
------Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
------Committee on Government Reform and Oversight (House) (H.R.
2202) (H. Rept. 104-469) [7MR]
------Committee on the Judiciary (House) (H.R. 2202) (H. Rept.
104-469) [4MR]
REFUSE DISPOSAL
related term(s) Recycled materials; Sewage Disposal
Bills and resolutions
Ecology and environment: allow petition submittal for the
prevention of certain waste facilities construction in
environmentally disadvantaged communities (see H.R. 2845)
[4JA]
Hazardous substances: exempt transportation by certain vehicles
from Government regulations (see H.R. 3153) [22MR]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
Reclamation Wastewater and Groundwater Study and Facilities Act:
amend (see H.R. 3660) [17JN]
Roads and highways: reuse or disposal of construction and
demolition debris (see H.R. 3522) [23MY]
Solid waste: prohibit international export and import (see H.R.
3893) [24JY]
------State control over disposal of solid waste imported from
other nations (see H.R. 4049) [11SE]
------State control over transportation of municipal solid waste
(S. 534), consideration (see H. Res. 349) [30JA]
Waterways: funding for construction, operation, and maintenance of
dredged material disposal facilities (see H.R. 3113) [19MR]
Wetlands: funding for dredged material disposal (see H.R. 3152)
[22MR]
Reports filed
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments: Committee on Resources (House) (H.R. 3660) (H.
Rept. 104-703) [24JY]
REGENT RAINBOW (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 4078) [12SE]
REGULA, RALPH (a Representative from Ohio)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Dept. of the Interior and related agencies: making appropriations
(see H.R. 3662) [18JN]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
Motions offered by
Dept. of the Interior and related agencies: authorizing
appropriations (H.R. 1977), veto [4JA]
Reports filed
Dept. of the Interior and Related Agencies Appropriations:
Committee on Appropriations (House) (H.R. 3662) (H. Rept. 104-
625) [18JN]
REGULATORY SUNSET AND REVIEW ACT
Bills and resolutions
Enact (H.R. 994): consideration (see H. Res. 368) [29FE]
Reports filed
Consideration of H.R. 994, Provisions: Committee on Rules (House)
(H. Res. 368) (H. Rept. 104-464) [29FE]
RELENTLESS (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3701) [20JN]
RELIGION
related term(s) Churches and Synagogues
Bills and resolutions
Capitol Building and Grounds: authorizing use of Grounds for
Washington for Jesus 1996 prayer rally (see H. Con. Res. 161,
166) [15AP] [18AP]
[[Page 3128]]
Christians: persecution (see H. Res. 515) [2AU]
Churches and synagogues: prohibit insurers from canceling or
refusing to renew fire insurance policies (see H.R. 3830)
[17JY]
Civil liberties: religious accommodations in the workplace (see
H.R. 4117) [19SE]
Crime: clarify Federal jurisdiction over offenses relative to
religious property damage (see H.R. 3525) [23MY]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 161, 184) [28FE] [16JY]
------enforce constitutional rights (see H.R. 4129, 4130) [20SE]
Iraq: anniversary of gas bomb attack against Kurds (see H. Res.
379) [12MR]
Mother Teresa: confer honorary U.S. citizenship (see H.J. Res.
191) [10SE]
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
Privacy: protect sanctity of religious communications (see H.R.
3571) [4JN]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Vietnam: release of Buddhist monks and civilians and Roman
Catholic monks and priests (see H. Con. Res. 179) [16MY]
Westchester County, NY: condemn anti-semitic vandalism (see H.
Con. Res. 231) [28SE]
Reports filed
Clarify Federal Jurisdiction Over Offenses Relative to Religious
Property Damage: Committee on the Judiciary (House) (H.R.
3525) (H. Rept. 104-621) [17JN]
Confer Honorary U.S. Citizenship on Mother Teresa: Committee on
the Judiciary (House) (H.J. Res. 191) (H. Rept. 104-796)
[17SE]
REMY, FRANCE
Bills and resolutions
Braly, Houston: tribute to citizens relative to burial (see H.
Res. 469) [27JN]
RENO, NV
Reports filed
Validate Certain Conveyances Made by Southern Pacific
Transportation Co., in Reno, NV, and Tulare, CA: Committee on
Resources (House) (H.R. 1784) (H. Rept. 104-691) [18JY]
REPUBLICAN PARTY
Bills and resolutions
Committees of the House: majority party appointments (see H. Res.
462) [25JN]
House Rules: allow consideration of floor amendments supported by
20 percent of both the majority and minority membership (see
H. Res. 548) [27SE]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
RESEARCH
related term(s) Science; Technology
Appointments
Conferees: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Agriculture: improve operation of certain programs (see H.R. 2973)
[27FE]
------increase emphasis on and disseminate results of agricultural
research projects relative to precision agriculture (see H.R.
3795) [11JY]
Animal Welfare Act: amend and strengthen (see H.R. 4249) [27SE]
Animals: ensure that all dogs and cats used by research facilities
are obtained legally (see H.R. 3398) [7MY]
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Dept. of Energy: authorize hydrogen research, development, and
demonstration programs (see H.R. 4138) [24SE]
------establish a National Test and Demonstration Center of
Excellence at the Nevada test site (see H.R. 2899) [25JA]
------extension of Electric and Magnetic Fields Research and
Public Information Dissemination Program (see H.R. 4013) [2AU]
Dept. of HHS: employment opportunities for women scientists (see
H.R. 3791) [11JY]
Dept. of Veterans Affairs: assessment of research and health care
services for women veterans (see H.R. 3711) [25JN]
------improve health care services for women veterans (see H.R.
3713, 3972) [25JN] [2AU]
------improve research activities for women veterans (see H.R.
3712) [25JN]
Diseases: issue special postage stamps to fund breast cancer
research (see H.R. 3401) [7MY]
------pediatric and adolescent AIDS (see H. Con. Res. 184) [12JN]
------research on the human papilloma virus relative to cervical
cancer (see H. Con. Res. 156) [27MR]
------research programs for lymphangioleiomyomatosis disease (see
H.R. 3715) [25JN]
------research programs for Parkinson's disease (see H.R. 3514)
[22MY]
Ecology and environment: development and use of new environmental
monitoring technology (see H.R. 3906) [25JY]
Education: promote science and technology (see H.R. 3709) [25JN]
FAA: authorize research, engineering, and development programs
(see H.R. 3484) [16MY]
FDA: facilitate the development and approval process for medical
devices (see H.R. 3201) [29MR]
------require full documentation of breast implant information
(see H. Res. 449, 527) [6JN] [19SE]
------review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
Health: improve and expand clinical research programs (see H.R.
3904) [25JY]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
------matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
------permit individuals to continue health plan coverage during
participation in approved clinical studies (see H.R. 3582,
3958) [5JN] [2AU]
Health care professionals: facilitate the dissemination to
physicians of scientific information on drug therapies and
medical devices (see H.R. 2932) [1FE]
Human rights: remedies for claims involving human experimentation
and constitutional and human rights violations (see H.R. 3946)
[1AU]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
Medicare: demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
National Cancer Institute: increase involvement of advocates in
breast cancer research (see H.R. 3583) [5JN]
National Environmental Science and Policy Academy: feasibility
study (see H.R. 4175) [25SE]
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
National Science Scholars Program: reestablish (see H.R. 3648)
[13JN]
NIH: expand and coordinate National Heart, Lung, and Blood
Institute activities on women's diseases (see H.R. 3001)
[29FE]
------expand programs to research osteoporosis and related bone
diseases (see H.R. 3331) [25AP]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
------improve coordination of Federal oceanographic programs (see
H.R. 3537) [29MY]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Public Health Service: extend breast cancer research programs (see
H.R. 3443) [10MY]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Small business: extend the Small Business Technology Transfer
Program (see H.R. 3158) [25MR]
Tariff: scientific instruments and apparatus (see H.R. 3952) [2AU]
Taxation: treatment of biomedical research funds (see H.R. 3624)
[12JN]
------treatment of production of alcohol for fuel use (see H.R.
3345) [25AP]
------treatment of research credits (see H.R. 2984) [28FE]
Technology: competitiveness of the electronic inter-connections
industry (see H. Res. 537) [25SE]
Veterans Health Administration: establishment of research
corporations at VA medical centers (see H.R. 3285) [23AP]
Women: research health risks of dioxin in tampons (see H.R. 3796)
[11JY]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
Conference reports
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Messages
Interagency Arctic Research Policy Committee: President Clinton
[5MR]
NSF Report: President Clinton [22MY]
Motions
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Disposition of Senate Amendment to H.R. 1358, Conveyance of
National Marine Fisheries Service Laboratory in Gloucester,
MA, to Massachusetts: Committee on Rules (House) (H. Res. 338)
(H. Rept. 104-449) [5JA]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
Health Studies and Programs Relative to Traumatic Brain Injuries:
Committee on Commerce (House) (H.R. 248) (H. Rept. 104-652)
[27JN]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
Water Desalinization Research and Development Act: Committee on
Resources (House) (S. 811) (H. Rept. 104-790) [16SE]
RESOLUTION TRUST CORP.
related term(s) Financial Institutions
Bills and resolutions
Clinton, President: pardoning of individuals convicted in
Whitewater Estates development and Madison
[[Page 3129]]
Guaranty investigation (see H. Con. Res. 218) [25SE]
Financial institutions: treatment of certain claims against
depository institutions under receivership by Federal banking
agencies (see H.R. 3892) [24JY]
REVENUE RESTRUCTURING ACT
Bills and resolutions
Enact (see H.R. 4050) [11SE]
REVISED ORGANIC ACT
Bills and resolutions
Virgin Islands: temporary absence of executive officials and
priority payment of certain bonds and other obligations (see
H.R. 3634) [13JN]
RICHARDSON, BILL (a Representative from New Mexico)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
Agriculture: coverage of native pasture crops for livestock under
the noninsured crop disaster assistance program (see H.R.
3575) [4JN]
Dept. of Defense: sale of excess aircraft relative to suppression
of wildfires (see H.R. 4108) [18SE]
Public buildings: community use of public facilities acquired,
constructed, or rehabilitated using community development
block grants (see H.R. 3888) [24JY]
Public Health Service: consolidate certain health center programs
(see H.R. 3081) [13MR]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
RIGGS, FRANK (a Representative from California)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions introduced by
California: promote balance between natural resources, economic
development and job retention (see H.R. 4032) [5SE]
Courts: constitutional amendment to provide that Federal judges be
reconfirmed by the Senate every 8 years (see H.J. Res. 164)
[19MR]
Employment: determination of tip credits relative to State and
local government laws (see H.R. 4031) [5SE]
Medicaid: county-operated health insurance programs qualifications
and requirements (see H.R. 3056) [7MR]
Members of Congress: adjust pay relative to congressional
performance (see H.R. 3276) [18AP]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
Taxation: reduce rates for certain wines (see H.R. 3889) [24JY]
RIVERS
Bills and resolutions
Asia: improve living standards in the Ganges and Brahmaputra River
basin (see H. Con. Res. 213) [12SE]
Auburn, CA: funding for dam construction on American River (see
H.R. 3270) [18AP]
------prohibit Federal funding for dam construction on American
River (see H.R. 2951) [1FE]
Clarion River: designate certain segments as components of Wild
and Scenic Rivers System (see H.R. 3568) [4JN]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
------conduct study of mitigation banks (see H.R. 4211) [26SE]
------construction of flood control project on the Sacramento and
American Rivers, CA (see H.R. 3270) [18AP]
Flood control projects: permit construction by private sector (see
H.R. 3108) [19MR]
Floods: correct flood maps containing certain errors (see H.R.
3340) [25AP]
Florida: designate the Wekiva River, Seminole Creek and Rock
Springs Run for potential addition to the Wild and Scenic
River System (see H.R. 3155) [22MR]
Gunnison National Monument: designate Black Canyon as national
park, recreation area, and conservation area (see H.R. 3365)
[30AP]
Hudson and Mohawk Rivers National Historical Park: establish (see
H.R. 2849) [4JA]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Massachusetts: deauthorize a portion of the navigation project for
Weymouth-Fore and Town Rivers (see H.R. 2957) [1FE]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
Sudbury, Assabet, and Concord Rivers: designate certain segments
as components of the Wild and Scenic River System (see H.R.
3405) [7MY]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
Tennessee-Tombigbee Waterway: designate certain locks and dams
(see H.R. 3432) [9MY]
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Reports filed
Designate Certain Segments of the Clarion River, PA, as Components
of the Wild and Scenic Rivers System: Committee on Resources
(House) (H.R. 3568) (H. Rept. 104-825) [24SE]
Designate Wekiva River, Seminole Creek, and Rock Springs Run, FL,
for Potential Addition to the Wild and Scenic River System:
Committee on Resources (House) (H.R. 3155) (H. Rept. 104-824)
[24SE]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
Preserve and Protect Columbia River's Hanford Reach Area:
Committee on Resources (House) (H.R. 2292) (H. Rept. 104-716)
[29JY]
Water Resources Development Act: Committee on Transportation and
Infrastructure (House) (H.R. 3592) (H. Rept. 104-695) [22JY]
RIVERS, LYNN NANCY (a Representative from Michigan)
Bills and resolutions introduced by
Elections: require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 432) [10MY]
ROADS AND HIGHWAYS
Bills and resolutions
Appropriations: funding for roads classified as local or rural
minor collectors (see H.R. 3165) [26MR]
Construction: funding (see H.R. 3775) [10JY]
Construction industries: reuse or disposal of construction and
demolition debris (see H.R. 3522) [23MY]
Crime: establish toll-free telephone number for the reporting of
stolen and abandoned motor vehicles (see H.R. 4286) [28SE]
------include graffiti removal within meaning of transportation
enhancement activity (see H.R. 3848) [18JY]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
Federal aid programs: modify the minimum allocation formula (see
H.R. 3195) [28MR]
Hazardous substances: regulation of not-for-hire transportation of
agriculture production materials (see H.R. 3799) [12JY]
Maine Turnpike: increase truck weight limit on sections (see H.R.
3549) [29MY]
Maintenance: exempt traffic signal synchronization projects from
certain Clean Air Act provisions (see H.R. 2988) [28FE]
Metric system: modification of highway signs (see H.R. 3617)
[12JN]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
Petroleum: transfer gasoline tax revenues to transportation trust
funds (see H.R. 3372, 3384) [1MY]
Pictured Rocks National Lakeshore: authorize improvements to a
county road and prohibit construction of a scenic shoreline
drive (see H.R. 2958) [1FE]
Public works: national program to create jobs and restore
infrastructure (see H.R. 3469) [16MY]
Railroads: implementation of exemptions to train whistle
requirements at public highway-rail grade crossings (see H.
Con. Res. 201) [25JY]
------improve safety at grade crossings (see H.R. 3000) [29FE]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
------increase number of participants in the infrastructure bank
pilot program (see H.R. 3367) [30AP]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
Taxation: treatment of certain agricultural equipment (see H.R.
2887) [25JA]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
------provide off-budget treatment for certain transportation
trust funds (H.R. 842), consideration [29MR]
------transfer authority over highway programs and mass transit
programs to States (see H.R. 3840) [17JY]
Urban areas: metropolitan planning (see H.R. 4330) [30SE]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
White House: use of Pennsylvania Avenue for vehicular traffic (see
H. Res. 458) [20JN]
William H. Natcher Bridge: designate (see H.R. 3572) [4JN]
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
Reports filed
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
[[Page 3130]]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Hells Canyon Wilderness Area Boundary Modification: Committee on
Resources (House) (H.R. 2693) (H. Rept. 104-779) [9SE]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
------Committee on the Budget (House) (H.R. 842) (H. Rept. 104-
499) [29MR]
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
William H. Natcher Bridge Designation: Committee on Transportation
and Infrastructure (House) (H.R. 3572) (H. Rept. 104-626)
[18JN]
ROBERTS, PAT (a Representative from Kansas)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Agriculture: improve operation of certain programs (see H.R. 2854,
2973) [5JA] [27FE]
Dept. of Agriculture: conduct census of agriculture (see H.R.
3665) [18JN]
------extend contracts under the Conservation Reserve Program (see
H.R. 4336) [1OC]
Food stamps: exempt States from certain regulatory requirements
relative to electronic distribution of benefits (see H.R.
3697) [20JN]
Nicodemus National Historic Site: establish (see H.R. 3256) [16AP]
Pesticides: reform antimicrobial pesticide registration (see H.R.
3338) [25AP]
Tallgrass Prairie National Preserve: establish (see H.R. 4043)
[10SE]
Conference reports
Agriculture Market Transition Act (H.R. 2854) [25MR]
Reports filed
Agriculture Market Transition Act: Committee of Conference (H.R.
2854) (H. Rept. 104-494) [25MR]
------Committee on Agriculture (House) (H.R. 2854) (H. Rept. 104-
462) [9FE]
Conduct Census of Agriculture: Committee on Agriculture (House)
(H.R. 3665) (H. Rept. 104-653) [27JN]
Definition and Regulation of the Minor Use of Pesticides:
Committee on Agriculture (House) (H.R. 1627) (H. Rept. 104-
669) [11JY]
Federal Agricultural Mortgage Corp., Operation Improvements:
Committee on Agriculture (House) (H.R. 2130) (H. Rept. 104-
446) [4JA]
Illegal Immigration Reform and Immigrant Responsibility Act:
Committee on Agriculture (House) (H.R. 2202) (H. Rept. 104-
469) [8MR] [21MR]
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
Mark Twain National Forest, MO, Boundary Adjustment: Committee on
Agriculture (House) (H.R. 3464) (H. Rept. 104-654) [8JY]
Release of Reversionary Interest in Certain Iosco, MI, Lands Held
by the Federal Government: Committee on Agriculture (House)
(H.R. 2670) (H. Rept. 104-644) [27JN]
ROBESON, PAUL
Bills and resolutions
Postal Service: issue commemorative postage stamp (see H. Res.
511) [2AU]
ROBINSON, JACKIE
Bills and resolutions
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
ROCKPORT, IN
Bills and resolutions
William H. Natcher Bridge: designate (see H.R. 3572) [4JN]
Reports filed
William H. Natcher Bridge Designation: Committee on Transportation
and Infrastructure (House) (H.R. 3572) (H. Rept. 104-626)
[18JN]
RODIBAUGH, ROBERT KURTZ
Bills and resolutions
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: designate
(see H.R. 3576) [4JN]
Reports filed
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: Committee
on Transportation and Infrastructure (House) (H.R. 3576) (H.
Rept. 104-781) [10SE]
ROEMER, TIM (a Representative from Indiana)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3406) [7MY]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: designate
(see H.R. 3576) [4JN]
ROGERS, HAROLD (a Representative from Kentucky)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Depts. of Commerce, Justice, and State and the Judiciary: making
appropriations (see H.R. 3814) [16JY]
Motions offered by
Depts. of Commerce, Justice, and State and the Judiciary:
authorizing appropriations (H.R. 2076), veto [3JA]
Reports filed
Depts. of Commerce, Justice, and State and the Judiciary
Appropriations: Committee on Appropriations (House) (H.R.
3814) (H. Rept. 104-676) [16JY]
ROHRABACHER, DANA (a Representative from California)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Burma: impose sanctions (see H.R. 2892) [25JA]
------U.S. policy (see H. Con. Res. 188) [13JN]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 182) [13JN]
ROLLCALL VOTES
see Votes in House
ROMANIA
Bills and resolutions
Foreign trade: most-favored-nation status (see H.R. 3161) [26MR]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
NATO: membership of Central and East European countries (see H.R.
4096) [17SE]
Treaties and agreements: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
Messages
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
Reports filed
Most-Favored-Nation Status for Romania: Committee on Ways and
Means (House) (H.R. 3161) (H. Rept. 104-629) [19JN]
ROMERO-BARCELO, CARLOS A. (a Resident Commissioner from Puerto Rico)
Bills and resolutions introduced by
Puerto Rico: relief for certain loans (see H.R. 4269) [27SE]
Water pollution: State waivers from secondary treatment
requirements for certain ocean discharges (see H.R. 3299)
[23AP]
ROSE, CHARLIE (a Representative from North Carolina)
Appointments
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
North Carolina: Federal recognition of the Lumbee Tribe (see H.R.
3810) [12JY]
Reports filed
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
ROS-LEHTINEN, ILEANA (a Representative from Florida)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
ROTARIANS AGAINST SUBSTANCE ABUSE FOUNDATION
Bills and resolutions
Substance abuse: tribute to youth alternative programs created by
Rotarians Against Substance Abuse Foundation, Concord, CA,
First Presbyterian Church, and Contra Costa County, CA,
Alcohol and Drug Abuse Council (see H. Con. Res. 162) [16AP]
ROTH, TOBY (a Representative from Wisconsin)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
Bills and resolutions introduced by
Favre, Brett: National Football League Most Valuable Player Award
recipient (see H. Res. 335) [5JA]
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
Green Bay Packers (football team): tribute (see H. Res. 335) [5JA]
Thrift Charter Merger Commission: establish (see H.R. 3407) [7MY]
ROUKEMA, MARGE (a Representative from New Jersey)
Bills and resolutions introduced by
Consumers: notification of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3727) [26JN]
Dept. of Labor: issuance of guidelines relative to ERISA and
insurance company general accounts (see H.R. 3114) [19MR]
Families and domestic relations: child support enforcement (see
H.R. 3453) [14MY]
Financial institutions: increase competition in the financial
services sector and merge commercial bank and savings
association charters (see H.R. 4182) [25SE]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 2893) [25JA]
Mental health: national policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4058)
[11SE]
Telecommunications: continued operation of certain overlapping
stations (see H.R. 3073) [12MR]
ROYBAL-ALLARD, LUCILLE (a Representative from California)
Bills and resolutions introduced by
Business and industry: provide unemployment insurance and leave
time to battered women (see H.R. 3837) [17JY]
Public welfare programs: reform relative to domestic violence (see
H. Con. Res. 195) [27JN]
Taxation: allow small businesses credit for family and medical
leave and for wages of employees who work at home to reduce
child care needs (see H.R. 3836) [17JY]
ROYCE, EDWARD R. (a Representative from California)
Bills and resolutions introduced by
Crime: interjurisdictional enforcement of protection orders and
redefinition of victims relative to stalking (see H.R. 2954,
2980) [1FE] [28FE]
Petroleum: gasoline tax (see H.R. 3375) [1MY]
RUNANWAY AND HOMELESS YOUTH ACT
Bills and resolutions
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
RURAL AREAS
related term(s) Agriculture; Urban Areas
Appointments
Conferees: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
[[Page 3131]]
Bills and resolutions
Agriculture: improve operation of certain programs (see H.R. 2973)
[27FE]
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
------authorizing appropriations (H.R. 3603), consideration (see
H. Res. 451) [10JN]
------authorizing appropriations (H.R. 3603), consideration of
conference report (see H. Res. 496) [31JY]
Dept. of Transportation: solicit proposals from air carriers to
provide air service to certain areas (see H.R. 3739) [27JN]
Ecology and environment: allow petition submittal for the
prevention of certain waste facilities construction in
environmentally disadvantaged communities (see H.R. 2845)
[4JA]
Employment: provide training assistance to individuals employed in
an economically depressed industry and area (see H.R. 3403)
[7MY]
FAA: essential air service funding (see H.R. 3037) [6MR]
Fall River County, SD: construction of rural water system (see
H.R. 3985) [2AU]
Fund for Rural America: develop and promote precision agriculture
technologies (see H.R. 4305) [28SE]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Medicare: improve health services to rural areas (see H.R. 3753)
[27JN]
National Center for Rural Law Enforcement: establish (see H.R.
4140) [24SE]
Nursing homes: nurses aide training and competency evaluation
programs (see H.R. 3633) [12JN]
Perkins County, SD: construction of rural water system (see H.R.
3986) [2AU]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
Reclamation Wastewater and Groundwater Study and Facilities Act:
amend (see H.R. 3660) [17JN]
Roads and highways: funding for roads classified as local or rural
minor collectors (see H.R. 3165) [26MR]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
Taxation: provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
Transportation: permit States to impose fees for providing air
service to small communities (see H.R. 2881) [25JA]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Consideration of Conference Report on H.R. 3603, Agriculture,
Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee on Rules (House) (H. Res. 496) (H.
Rept. 104-730) [31JY]
Consideration of H.R. 3603, Agriculture, Rural Development, FDA,
and Related Agencies Programs Appropriations: Committee on
Rules (House) (H. Res. 451) (H. Rept. 104-616) [10JN]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs: Committee on Commerce (House) (H.R. 3633) (H. Rept.
104-818) [23SE]
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments: Committee on Resources (House) (H.R. 3660) (H.
Rept. 104-703) [24JY]
RUSH, BOBBY L. (a Representative from Illinois)
Bills and resolutions introduced by
Aviation: prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
RUSSIA
related term(s) Commonwealth of Independent States
Bills and resolutions
Moldova: removal of Russian Armed Forces (see H. Con. Res. 145)
[1FE]
Ukraine: anniversary of the Chornobyl nuclear reactor accident
(see H. Con. Res. 167) [24AP]
RWANDA, REPUBLIC OF
Bills and resolutions
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
RYCE, JIMMY
Bills and resolutions
Law enforcement officers: establish a national resource center and
clearinghouse relative to missing or exploited children (see
H.R. 3238) [15AP]
SABO, MARTIN OLAV (a Representative from Minnesota)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
Budget: setting forth the Federal budget for 1996-2002 (H. Con.
Res. 66), consideration (see H. Res. 424) [2MY]
Motions offered by
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[24JY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178) [30MY]
Public welfare programs: reform (H.R. 3734) [24JY]
SAFE DRINKING WATER ACT
Appointments
Conferees: S. 1316, amend [17JY]
Bills and resolutions
Amend (see H.R. 3038, 3604) [6MR] [10JN]
Amend (S. 1316): consideration of conference report (see H. Res.
507) [1AU]
Diseases: establish estrogenic substance screening programs (see
H.R. 3293) [23AP]
Water: public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
Conference reports
Amendments (S. 1316) [1AU]
Motions
Amend (S. 1316) [17JY] [18JY]
Reports filed
Amend: Committee of Conference (S. 1316) (H. Rept. 104-741) [1AU]
Consideration of Conference Report on S. 1316, Amend: Committee on
Rules (House) (H. Res. 507) (H. Rept. 104-743) [1AU]
SAFETY
Appointments
Conferees: H.R. 956, Common Sense Legal Standards Reform Act
[13MR]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions
Agriculture: define domestic industry relative to perishable
agricultural products (S. 1463), return to Senate (see H. Res.
402) [16AP]
------regulation of slaughterhouses (see H.R. 3424) [9MY]
Airlines and airports: provide protection for airline employees
who provide certain air safety information (see H.R. 3187)
[28MR]
Aviation: preemployment review of prospective pilot records (see
H.R. 3536) [29MY]
------prohibit certain individuals from piloting aircraft relative
to aeronautical records, competitions, or feats (see H.R.
3267) [18AP]
------prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
------require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
------standards relative to foreign repair stations (see H.R.
3839) [17JY]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Chemicals: regulatory requirements relative to child safety (see
H.R. 4234) [27SE]
Corp. for the Promotion of Rifle Practice and Firearms Safety:
abolish (see H.R. 3466) [15MY]
Courts: product liability reform (H.R. 956), consideration of
conference report (see H. Res. 394) [27MR]
Crime: interjurisdictional enforcement of protection orders and
redefinition of victims relative to stalking (see H.R. 2954,
2980) [1FE] [28FE]
------strengthen penalties and prohibitions against sabotage of
rail transportation or other mass transit (see H.R. 2949)
[1FE]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
Dept. of Agriculture: consolidate and improve all inspection
activities relative to livestock and poultry carcasses,
seafood, meat products, poultry products, and seafood products
(see H.R. 4302) [28SE]
Dept. of HUD: establish consensus committee for maintenance and
revision of safety standards for manufactured home
construction (see H.R. 3404, 3406) [7MY]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
------solicit proposals from air carriers to provide air service
to certain areas (see H.R. 3739) [27JN]
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
Diseases: establish estrogenic substance screening programs (see
H.R. 3293) [23AP]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
Employment: safety-sensitive functions relative to individuals
that abuse controlled substances (see H.R. 4017) [2AU]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
------revise water quality criteria for ammonia (see H.R. 4107)
[18SE]
FAA: essential air service funding (see H.R. 3037) [6MR]
------regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
------reorganize and remove all duties not related to safety (see
H.R. 3831) [17JY]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
FDA: require full documentation of breast implant information (see
H. Res. 449, 527) [6JN] [19SE]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
Financial institutions: enhance surveillance pictures for use in
criminal prosecutions (see H.R. 3533) [23MY]
Firearms: prevent handgun violence and illegal commerce (see H.R.
3488) [16MY]
[[Page 3132]]
------standards for certain foreign and domestically-produced
handguns (see H.R. 3652) [13JN]
------standards for State concealed handgun carrying licenses (see
H.R. 3838) [17JY]
Floods: participation of communities in national flood insurance
program relative to protection of manufactured homes (see H.R.
3661) [17JN]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Government: transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Government regulations: implement nonanimal acute toxicity testing
for evaluation of consumer products (see H.R. 3173) [27MR]
Hazardous substances: exempt transportation by certain vehicles
from Government regulations (see H.R. 3153) [22MR]
------improve accountability and safety of hazardous waste
facilities (see H.R. 4009, 4272) [2AU] [27SE]
------protect residents and localities from irresponsibly sited
waste facilities (see H.R. 3780) [10JY]
------regulation of not-for-hire transportation of agriculture
production materials (see H.R. 3799) [12JY]
------transportation regulations relative to agriculture and small
businesses (see H.R. 4102) [18SE]
Health: establish a program for training in lifesaving first aid
for individuals experiencing cardiac arrest (see H.R. 3022)
[6MR]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
------liability of raw material and component suppliers to medical
device manufacturers (see H.R. 3468) [16MY]
Law enforcement officers: funding for the hiring of personnel who
perform nonadministrative services (see H.R. 2922) [31JA]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
------remove limitations on maximum driving and on-duty time of
utility vehicle operators and drivers (see H.R. 3480, 3492)
[16MY]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Nuclear energy: prohibit use of Federal funds for the construction
or operation of the National Ignition Facility or certain
inertial confinement fusion projects (see H.R. 3143) [21MR]
Occupational Safety and Health Act: amend (see H.R. 3234) [15AP]
------establish peer review of standards (see H.R. 4178) [25SE]
Pesticides: reform antimicrobial pesticide registration (see H.R.
3338) [25AP]
Railroads: hours of service of employees (see H.R. 3413) [8MY]
------implementation of exemptions to train whistle requirements
at public highway-rail grade crossings (see H. Con. Res. 201)
[25JY]
------improve rail transportation safety (see H.R. 3106, 3578)
[18MR] [5JN]
------improve safety at grade crossings (see H.R. 3000) [29FE]
------reform the Federal Railroad Administration and improve
safety laws (see H.R. 3335) [25AP]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
Ships and vessels: ensure safety of towing vessels (see H.R. 2916)
[31JA]
------removal of abandoned vessels (see H.R. 4010) [2AU]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Sports: improve and expand safety precautions relative to boxing
(see H.R. 4114) [19SE]
------safety for journeymen boxers (see H.R. 4167) [25SE]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
Supreme Court: extend authority of the Marshal of the Supreme
Court and the Supreme Court Police (see H.R. 4164) [25SE]
Telephones: prohibit providers of cellular and other mobile radio
services from blocking access to 911 emergency services (see
H.R. 3181) [28MR]
Terrorism: improve U.S. ability to respond to terrorist threats
(see H.R. 3071, 3409) [12MR] [7MY]
------improve U.S. ability to respond to terrorist threats (H.R.
2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
Transportation: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
Water: biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
------labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
------public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Common Sense Product Liability Legal Reform Act (H.R 956) [14MR]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
Radiation Control for Health and Safety Act: President Clinton
[27MR]
Veto of H.R. 956, Common Sense Product Liability Legal Reform Act:
President Clinton [6MY]
Motions
Courts: product liability reform (H.R. 956) [28FE] [29FE]
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [13MR] [14MR]
------improve U.S. ability to respond to terrorist threats (S.
735) [14MR]
Reports filed
Airline Pilot Hiring and Safety Act: Committee on Transportation
(House) (H.R. 3536) (H. Rept. 104-684) [17JY]
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Child Pilot Safety Act: Committee on Transportation (House) (H.R.
3267) (H. Rept. 104-683) [17JY]
Common Sense Product Liability Legal Reform Act: Committee of
Conference (H.R. 956) (H. Rept. 104-481) [14MR]
Consideration of Conference Report on H.R. 956, Common Sense
Product Liability Legal Reform Act: Committee on Rules (House)
(H. Res. 394) (H. Rept. 104-503) [27MR]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR]
------Committee on Rules (House) (H. Res. 380) (H. Rept. 104-480)
[12MR]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
Journeymen Boxer Safety: Committee on Commerce (House) (H.R. 1186)
(H. Rept. 104-833) [24SE]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Propane Gas Industry Safety, Training, Research, and Development:
Committee on Commerce (House) (H.R. 1514) (H. Rept. 104-655)
[8JY]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
SALMON, MATT (a Representative from Arizona)
Bills and resolutions introduced by
Capital punishment: attendance by families of victims at the
execution of the murderers (see H.R. 3220) [29MR]
Executive departments: ban acceptance of gifts by employees (see
H.R. 3797) [11JY]
White House Travel Office: relief of individuals terminated from
employment (see H.R. 2894) [25JA]
SAN DIEGO COUNTY, CA
Bills and resolutions
Olivenhain Water Storage Project: provide loan guarantee (see H.R.
3851) [18JY]
SAN FRANCISCO, CA
Appointments
Conferees: H.R. 1296, Presidio facilities management [9MY]
Bills and resolutions
California: management of the Presidio facilities (see H.R. 4236)
[27SE]
------management of the Presidio facilities (H.R. 1296),
consideration of conference report (see H. Res. 536) [25SE]
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Golden Gate Park: recognize the significance of the AIDS Memorial
Grove (see H.R. 3193) [28MR]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial (see H.R. 4066) [12SE]
Conference reports
Presidio Facilities and Parks and Public Lands Management (H.R.
1296) [24SE]
Motions
California: management of the Presidio facilities (H.R. 4236)
[28SE]
Reports filed
Consideration of Conference Report on H.R. 1296, Presidio
Facilities and Parks and Public Lands Management: Committee on
Rules (House) (H.R. 1296) (H. Rept. 104-836) [25SE]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
SANDERS, BERNARD (a Representative from Vermont)
Bills and resolutions introduced by
Consumers: prohibit the imposition of additional fees for use of
certain automatic teller machines utilizing a national or
regional network (see H.R. 3221) [29MR]
Contracts: establish limitations on taxpayer-financed compensation
for defense contractors (see H.R. 3512) [22MY]
[[Page 3133]]
------limit Federal agency payments to contractors for the
compensation of any individual (see H.R. 3513) [22MY]
Dept. of Defense: prohibit additional payments and revise certain
reporting requirements for restructuring costs under defense
contracts (see H.R. 3608) [10JN]
------revise reporting requirements of cost restructuring on
defense contracts (see H.R. 3444) [10MY]
Foreign countries: border-crossing fees for vehicles or
pedestrians entering the U.S. from Canada or Mexico (see H.
Con. Res. 152) [14MR]
Government regulations: reduce Federal paperwork burden relative
to small businesses (see H.R. 3607, 4033) [10JN] [5SE]
Health: prohibit certain clauses and programs in health care
insurance and employment contracts (see H.R. 3222) [29MR]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Sports: convene national summit to promote good citizenship (see
H. Con. Res. 199) [24JY]
SANFORD, MARK (a Representative from South Carolina)
Bills and resolutions introduced by
Government: establish uniform accounting systems, standards, and
reporting systems (see H.R. 4319) [28SE]
Roads and highways: modify the minimum allocation formula for
Federal aid highway program (see H.R. 3195) [28MR]
SANTA CRUZ ISLAND, CA
Bills and resolutions
Public lands: acquire certain lands (see H.R. 4059) [11SE]
SATELLITE HOME VIEWER ACT
Reports filed
Technical Corrections: Committee on the Judiciary (House) (H.R.
1861) (H. Rept. 104-554) [6MY]
SAUDI ARABIA, KINGDOM OF
Bills and resolutions
Terrorism: attack on U.S. peacekeeping forces (see H. Con. Res.
200) [24JY]
Reports filed
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
SAVINGS & LOAN ASSOCIATIONS
see Financial Institutions
SAVINGS BONDS
see Securities
SAVINGS IN CONSTRUCTION ACT
Bills and resolutions
Enact (see H.R. 4233) [27SE]
SAWYER, THOMAS C. (a Representative from Ohio)
Bills and resolutions introduced by
Education: funding levels for federally assisted education
programs (see H. Con. Res. 144) [1FE]
SAXTON, JIM (a Representative from New Jersey)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Anadromous Fish Conservation Act: reauthorize (see H.R. 4139)
[24SE]
Atlantic Striped Bass Conservation Act: reauthorize (see H.R.
4139) [24SE]
Health: matching payments to determine cancer incidence among
residents of Toms River area (see H.R. 3148) [21MR]
National Marine Sanctuaries Act: reauthorize (see H.R. 3487)
[16MY]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4034) [5SE]
Oceans: improve coordination of Federal oceanographic programs
(see H.R. 3537) [29MY]
Ships and vessels: protect hull designs from unauthorized
duplication (see H.R. 4159) [24SE]
Water: public notification relative to level of contaminants in
drinking water (see H.R. 3429) [9MY]
SCARBOROUGH, JOE (a Representative from Florida)
Bills and resolutions introduced by
Armed Forces: revise payment of retired pay to former spouses of
retired members (see H.R. 3408) [7MY]
Foreign trade: most-favored-nation status relative to Iran, Iraq,
Libya, and Syria (see H.R. 3890) [24JY]
Karma (vessel): certificate of documentation (see H.R. 3133)
[20MR]
Saudi Arabia: terrorist attack on U.S. peacekeeping forces (see H.
Con. Res. 200) [24JY]
SCHAEFER, DAN (a Representative from Colorado)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Energy Policy and Conservation Act: extend certain programs (see
H.R. 3670, 3868, 4083) [18JN] [23JY] [17SE]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
Public utilities: provide for competition in electric power
industry (see H.R. 3790) [11JY]
Taxation: repeal income tax, abolish the IRS, and institute a
national retail sales tax (see H.R. 3039) [6MR]
Uranium Mill Tailings Radiation Control Act: authorizing
appropriations (see H.R. 2967) [23FE]
SCHIFF, STEVEN (a Representative from New Mexico)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: S. 735, Comprehensive Terrorism Prevention Act [14MR]
Bills and resolutions introduced by
Crime: mandatory life imprisonment for second conviction of
individuals for certain felonies (see H.R. 3223) [29MR]
Health: improve efforts to combat fraud and abuse in health care
programs (see H.R. 3224) [29MR]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
New Mexico: redesignate the Jemez Canyon Dam as Tamaya Dam (see
H.R. 2989) [28FE]
SCHOOLS
related term(s) Education
Bills and resolutions
Apache National Forest: conveyance of land to the Alpine
Elementary School District (see H.R. 3547) [29MY]
Education: authorize awarding of Presidential Honors Scholarships
to certain graduating secondary school students (see H.R.
4259) [27SE]
------develop elementary and secondary school curriculum standards
(see H.R. 3257) [16AP]
------development of curriculum designed to educate students about
the Irish famine (see H. Con. Res. 226) [27SE]
------establish Role Models Academy for at-risk youths (see H.R.
4161) [24SE]
------funding levels for federally assisted education programs
(see H. Con. Res. 144) [1FE]
------Impact Aid Program reform (see H.R. 2886) [25JA]
------parental access to children's curriculum and records (see
H.R. 3324, 3947) [25AP] [1AU]
------provide financial aid grants for certain colleges and
technical schools (see H.R. 3919) [30JY]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
------recognize businesses that participate with schools to
enhance the teaching and use of technology (see H.R. 3921)
[30JY]
------restore equal educational opportunity (see H.R. 4304) [28SE]
Family and Medical Leave Act: expand coverage and allow leave for
parental involvement in educational and extracurricular
activities (see H.R. 3704) [24JN]
Freedom of religion: constitutional amendment on protection (see
H.J. Res. 184) [16JY]
George Bush School of Government and Public Service: funding (see
H.R. 3803) [12JY]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Health: establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
Immigration: access of illegal immigrants to public education (see
H.R. 4134) [24SE]
------access of illegal immigrants to public education (H.R.
4134), consideration (see H. Res. 530) [24SE]
NetDay96: tribute (see H. Res. 521) [12SE]
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
Public welfare programs: funding for nutrition programs (see H.R.
4275) [28SE]
Taxation: allow companies to donate scientific equipment to
schools (see H.R. 3498) [21MY]
Technology: maximize use of available technology (see H.R. 4180)
[25SE]
Reports filed
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
Consideration of H.R. 4134, Access of Illegal Immigrants to Public
Education: Committee on Rules (House) (H. Res. 530) (H. Rept.
104-834) [24SE]
Guidelines for School Lunch and Breakfast Programs: Committee on
Economic and Educational Opportunities (House) (H.R. 2066) (H.
Rept. 104-561) [7MY]
Impact Aid Program Technical Corrections: Committee on Economic
and Educational Opportunities (House) (H.R. 3269) (H. Rept.
104-560) [7MY]
SCHROEDER, PATRICIA (a Representative from Colorado)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
Bills and resolutions introduced by
Civil rights: use of involuntary arbitration relative to
discrimination in the payment of wages based on sex, race,
age, religion, disability, or national origin (see H.R. 3748)
[27JN]
Computers: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Employment: treatment of temporary and part-time workers (see H.R.
3682) [19JN]
Family and Medical Leave Act: expand coverage and allow leave for
parental involvement in educational and extracurricular
activities (see H.R. 3704) [24JN]
Health: establish a program for postreproductive health care (see
H.R. 3015) [5MR]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
Labeling: require ingredient labeling for malt beverages, wine,
and distilled spirits (see H.R. 3115) [19MR]
U.N.: support the election of a woman as Secretary General (see H.
Res. 543) [26SE]
SCHUMER, CHARLES E. (a Representative from New York)
Appointments
Conferee: S. 735, Comprehensive Terrorism Prevention Act [14MR]
Bills and resolutions introduced by
Commodity Exchange Act: regulatory requirements relative to the
purchase or sale of commodities from markets located abroad
(see H.R. 3891) [24JY]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3246) [15AP]
------require standard annual percentage rate of interest to open
certain credit card accounts (see H.R. 4320) [28SE]
Crime: extend certain statutes of limitation (see H.R. 4342) [3OC]
------increase mandatory minimum penalties relative to the
possession of firearms (see H.R. 3454) [14MY]
------prevention of fraud relative to provision of or receipt of
payment for health care services (see H.R. 2866) [23JA]
------prosecution of violent, repeat, juvenile offenders (see H.R.
3698) [20JN]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
[[Page 3134]]
Ecology and environment: increase penalties and strengthen
enforcement relative to environmental crimes (see H.R. 4218)
[26SE]
Employment: enhance and protect retirement savings (see H.R. 4321)
[28SE]
Families and domestic relations: child support enforcement (see
H.R. 4341) [3OC]
Federal aid programs: improve program of block grants to States
for temporary assistance to needy families (see H.R. 4324)
[28SE]
Firearms: encourage States to regulate certain handguns and gather
information on guns used in crimes (see H.R. 4044) [10SE]
------prevent handgun violence and illegal commerce (see H.R.
3488) [16MY]
Medicare: require hospitals to extend visitor privileges to non-
family members (see H.R. 4325) [28SE]
National Rifle Association: condemn holding of annual convention
on anniversary of Alfred P. Murrah Federal Building bombing
(see H. Res. 407) [18AP]
Pensions: promote availability of private pensions (see H.R. 4005)
[2AU]
Roads and highways: increase number of State participants in the
infrastructure bank pilot program (see H.R. 3367) [30AP]
Taxation: treatment of and limitations on loans made from
qualified employer plans (see H.R. 4004) [2AU]
------treatment of higher education expenses (see H.R. 4323)
[28SE]
Terrorism: improve U.S. ability to respond to terrorist threats
(see H.R. 3409) [7MY]
Violent Crime Control and Law Enforcement Act: amend (see H.R.
4322) [28SE]
SCIENCE
related term(s) Engineering; Mathematics; Research; Technology
Bills and resolutions
Appropriations: authorizing for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing for Federal civilian science activities (H.R.
3322), consideration (see H. Res. 427) [7MY]
Commission on the Advancement of Women in the Science and
Engineering Work Forces: establish (see H.R. 3726) [26JN]
Dept. of Commerce: convey to Massachusetts the National Marine
Fisheries Service laboratory in Gloucester, MA (H.R. 1358),
disposition of Senate amendment (see H. Res. 338) [5JA]
Dept. of Energy: authorize hydrogen research, development, and
demonstration programs (see H.R. 4138) [24SE]
Dept. of HHS: employment opportunities for women scientists (see
H.R. 3791) [11JY]
Dept. of the Navy: enhance and increase knowledge of the oceans
(see H.R. 3363) [30AP]
Education: promote science and technology (see H.R. 3709) [25JN]
FDA: facilitate the development and approval process for medical
devices (see H.R. 3201) [29MR]
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516, 3951) [22MY]
[2AU]
Goals 2000--Educate America Act: repeal (see H.R. 4105) [18SE]
Health: limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
Health care professionals: facilitate the dissemination to
physicians of scientific information on drug therapies and
medical devices (see H.R. 2932) [1FE]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
National Environmental Science and Policy Academy: feasibility
study (see H.R. 4175) [25SE]
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
National Science Scholars Program: reestablish (see H.R. 3648)
[13JN]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
------improve coordination of Federal oceanographic programs (see
H.R. 3537) [29MY]
Public lands: collection of fossils (see H.R. 2943) [1FE]
Tariff: scientific instruments and apparatus (see H.R. 3952) [2AU]
Taxation: allow companies to donate scientific equipment to
schools (see H.R. 3498) [21MY]
------treatment of research credits (see H.R. 2984) [28FE]
Messages
National Achievements in Aeronautics and Space: President Clinton
[26JN]
NSF Report: President Clinton [22MY]
Science and Engineering Indicators--1996: President Clinton [15MY]
Reports filed
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Disposition of Senate Amendment to H.R. 1358, Conveyance of
National Marine Fisheries Service Laboratory in Gloucester,
MA, to Massachusetts: Committee on Rules (House) (H. Res. 338)
(H. Rept. 104-449) [5JA]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
Water Desalinization Research and Development Act: Committee on
Resources (House) (S. 811) (H. Rept. 104-790) [16SE]
SCOTLAND
see United Kingdom of Great Britain and Northern Ireland
SCRANTON, PA
Bills and resolutions
William J. Nealon U.S. Courthouse: designate (see H.R. 3364)
[30AP]
Reports filed
William J. Nealon U.S. Courthouse: Committee on Transportation and
Infrastructure (House) (H.R. 3364) (H. Rept. 104-611) [6JN]
SEA SISTER (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3813) [12JY]
SEASTRAND, ANDREA (a Representative from California)
Bills and resolutions introduced by
Petroleum: gasoline tax (see H.R. 3415) [8MY]
Santa Cruz Island, CA: acquire certain lands (see H.R. 4059)
[11SE]
SECRETARY OF VETERANS AFFAIRS (Jesse Brown)
Bills and resolutions
Dept. of Veterans Affairs: develop plan for allocation of health
care resources (see H.R. 3346) [25AP]
------develop sharing agreements relative to health care resources
(see H.R. 3321, 3561) [25AP] [30MY]
SECURITIES
related term(s) Investments
Appointments
Conferees: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions
BIA: establish pilot project to oversee issuance of bonds to
provide funding for construction of schools for Native
Americans (see H.R. 4151) [24SE]
Corporations: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
District of Columbia: permit council to authorize the issuance of
revenue bonds relative to water and sewer facilities (see H.R.
3663) [18JN]
Financial institutions: increase competition in the financial
services sector and merge commercial bank and savings
association charters (see H.R. 4182) [25SE]
------provide investment opportunities for small bank holding
companies (see H.R. 2981) [28FE]
FRS: clarify authority of Board of Governors relative to bank
holding company applications (see H.R. 3210) [29MR]
Investments: regulation and management of financial markets (see
H.R. 3005) [5MR]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Social Security: investment of surplus from trust funds and
protection from public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 3098) [14MR]
Taxation: issuance of tax-exempt bonds to finance first-time
farmers' loans (see H.R. 3251) [16AP]
------repeal special limitations on tax-exempt bond issues (see
H.R. 2864) [23JA]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of individual retirement accounts (see H.R. 4311)
[28SE]
------treatment of investment tax credits (see H.R. 2983) [28FE]
Conference reports
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Reports filed
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities:
Committee on Government Reform and Oversight (House) (H.R.
3663) (H. Rept. 104-635) [25JN]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
SECURITIES AND EXCHANGE COMMISSION
Appointments
Conferees: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions
Appropriations: funding for reduction of fees (see H.R. 2972)
[27FE]
Dept. of HUD: establish performance funds through consolidation of
certain housing programs (see H.R. 3740) [27JN]
House Rules: reform trust relationships (see H. Res. 477) [12JY]
Investments: regulation and management of financial markets (see
H.R. 3005) [5MR]
Public utilities: revision of the regulatory policies governing
public utility holding companies (see H.R. 3601) [6JN]
Conference reports
National Securities Markets Improvement Act (H.R. 3005) [28SE]
Reports filed
National Securities Markets Improvement Act: Committee of
Conference (H.R. 3005) (H. Rept. 104-864) [28SE]
Regulation and Management of Financial Markets: Committee on
Commerce (House) (H.R. 3005) (H. Rept. 104-622) [17JN]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
SECURITIES INVESTMENT PROMOTION ACT
Appointments
Conferees: H.R. 3005, provisions [24JY]
Conference reports
Provisions (H.R. 3005) [28SE]
Reports filed
Provisions: Committee of Conference (H.R. 3005) (H. Rept. 104-864)
[28SE]
SELDOVIA NATIVE ASSOCIATION, INC.
Reports filed
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
[[Page 3135]]
SELMA, AL
Bills and resolutions
Brown Chapel African Methodist Episcopal Church: recognition as
symbol of the struggle for and achievement of African-American
voting rights (see H. Res. 487) [22JY]
Reports filed
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
SENATE
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Committee To Escort the President [23JA]
Conferees: H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions
Budget: use of mediators in discussions between Congress and the
President to produce a balanced budget (see H. Con. Res. 137)
[31JA]
Business and industry: ensure congressional approval of compliance
costs relative to Government regulations (see H.R. 3277)
[18AP]
Capitol Building and Grounds: authorizing use of Grounds for
Congressional Family Picnic (see H. Con. Res. 198) [11JY]
Committee on Information (Joint): establish (see H.R. 4280) [28SE]
Congress: adjournment (see H. Con. Res. 133, 141, 157, 192, 203,
230) [9JA] [1FE] [29MR] [27JN] [26JY] [28SE]
------adjournment, consideration (see H. Res. 465) [26JN]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (see H.J.
Res. 159) [1FE]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (see H. Res. 395) [29MR]
------constitutional amendment to require a two-thirds majority on
the passage of legislation increasing revenue (see H.J. Res.
169) [28MR]
------constitutional duties (see H. Res. 431) [10MY]
------increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
------notify the President that a quorum has assembled (see H.
Res. 325) [3JA]
------reform lobbying disclosure and gift rules (see H.R. 3140)
[21MR]
------restore integrity, goodwill, honesty, and trust (see H.R.
3792) [11JY]
------set date for convening of 105th Congress and the date for
the counting of electoral votes for President and Vice
President (see H.J. Res. 198) [28SE]
------waive enrollment requirements for certain appropriations
legislation (see H.J. Res. 197) [28SE]
Congressional Office of Compliance: approval of final regulations
relative to labor-management relations of non-congressional
employees (see H. Con. Res. 207) [1AU]
Courts: constitutional amendment to provide that Federal judges be
reconfirmed by the Senate every 6 years (see H.J. Res. 160)
[16FE]
------constitutional amendment to provide that Federal judges be
reconfirmed by the Senate every 8 years (see H.J. Res. 164)
[19MR]
Crime: punish false statements during debate on the floor of
either House of Congress (see H.R. 3996) [2AU]
Elections: campaign ethics reform and contribution limits (see
H.R. 2944, 3053, 3274, 3505, 3543, 3760, 3800, 3820) [1FE]
[7MR] [18AP] [22MY] [29MY] [9JY] [12JY] [16JY]
------campaign ethics reform and contribution limits (H.R. 2566),
consideration (see H. Res. 373) [6MR]
------campaign ethics reform and contribution limits (H.R. 3820),
consideration (see H. Res. 481) [17JY]
------clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
------constitutional amendment relative to expenditure of money to
elect public officials (see H.J. Res. 187) [25JY]
------constitutional amendment to regulate campaign expenditures
and contribution limits (see H.J. Res. 172) [18AP]
------limitations on campaign contributions to qualifying and
nonqualifying House of Representatives candidates (see H.R.
3122) [20MR]
------provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
------require quarterly FEC candidate reports to be filed
electronically and accessible through the Internet (see H.R.
3653) [13JN]
------require that odd-numbered year contributions be from
individuals only (see H.R. 3397) [7MY]
------revise rules on independent expenditures (see H.R. 3208)
[29MR]
------spending limits on Federal campaigns (see H.R. 3658) [13JN]
Federal Election Campaign Act: amend (see H.R. 3505) [22MY]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Government: reduce spending and regulatory programs (see H. Con.
Res. 193) [27JN]
------reform disclosure of lobbying activities to influence the
Federal Government (S. 1060), technical corrections (see H.R.
3435) [10MY]
------require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Government regulations: require congressional approval of certain
proposed rules (see H.R. 2990) [28FE]
House of Representatives: notification that a quorum has assembled
(see H. Res. 326) [3JA]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
------making appropriations (see H.R. 3754) [8JY]
------making appropriations (H.R. 3754), consideration (see H.
Res. 473) [9JY]
Lobbyists: penalty for transmission of fraudulent communications
to Congress (see H.R. 3128) [20MR]
Members of Congress: adjust pay relative to congressional
performance (see H.R. 3276) [18AP]
------constitutional amendment relative to use of false statements
during official duties (see H.J. Res. 188) [2AU]
------deny Federal retirement annuities to Members convicted of
felonies (see H.R. 3310, 3447, 4011) [24AP] [10MY] [2AU]
------eliminate automatic salary adjustments (see H.R. 3956) [2AU]
------retirement eligibility (see H.R. 3887) [24JY]
Monuments and memorials: prohibit extension or establishment of
any national monument in Idaho without public participation
and an express act of Congress [19SE]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147, 4214) [24SE] [26SE]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
U.S. Marshals Service: appointment of marshals (H.R. 2641),
consideration (see H. Res. 418) [30AP]
Washington, George: reading of Farewell Address at the beginning
of each Congress (see H. Con. Res. 222) [26SE]
Conference reports
Legislative Branch of the Government Appropriations (H.R. 3754)
[31JY]
Motions
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (H. Res. 395) [15AP]
Elections: campaign ethics reform and contribution limits (H.R.
3820) [25JY]
Legislative branch of the Government: making appropriations (H.R.
3754) [10JY] [30JY]
Reports filed
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Consideration of Congressional Adjournment: Committee on Rules
(House) (H. Res. 465) (H. Rept. 104-640) [26JN]
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue: Committee on
Rules (House) (H. Res. 395) (H. Rept. 104-513) [29MR]
Consideration of H.R. 2641, U.S. Marshals Service Improvement Act:
Committee on Rules (House) (H. Res. 418) (H. Rept. 104-543)
[30AP]
Consideration of H.R. 3754, Legislative Branch Appropriations:
Committee on Rules (House) (H. Res. 473) (H. Rept. 104-663)
[9JY]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
Legislative Branch of the Government Appropriations: Committee of
Conference (H.R. 3754) (H. Rept. 104-733) [31JY]
------Committee on Appropriations (House) (H.R. 3754) (H. Rept.
104-657) [8JY]
Lobbying Disclosure Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 3435) (H. Rept. 104-699) [24JY]
U.S. Marshals Service Improvement Act: Committee on the Judiciary
(House) (H.R. 2641) (H. Rept. 104-541) [29AP]
SENIOR CITIZENS
Appointments
Conferees: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
Bills and resolutions
Bipartisan Commission on the Future of Medicare: establish (see
H.R. 3881) [23JY]
Budget: sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
Census: collection of information relative to individuals who
provide care for family members who are unable to care for
themselves (see H.R. 4146) [24SE]
Commission on Retirement Income Policy: establish (see H.R. 3077)
[13MR]
Crime: increase penalties relative to crimes against senior
citizens and children (see H.R. 2974) [27FE]
------increase penalties relative to crimes against senior
citizens and children (H.R. 2974), consideration (see H. Res.
421) [2MY]
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Dept. of HHS: application for waiver of certain AFDC and Medicaid
demonstration projects (see H.R. 3696) [20JN]
Employment: enhance and protect retirement savings (see H.R. 4321)
[28SE]
------provide for retirement savings and security (see H.R. 3520,
3708) [23MY] [25JN]
ERISA: extend continuation of coverage of certain retiree health
benefits (see H.R. 4162) [24SE]
Health: assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------national policy to provide health care and reform insurance
procedures (see H.R. 2893, 3013, 3063, 3070, 3103, 3130, 3160,
3185) [25JA] [5MR] [12MR] [18MR] [20MR] [26MR] [28MR]
[[Page 3136]]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
Health care facilities: waiver of prior hospitalization
requirement for coverage of skilled nursing facility services
for certain individuals (see H.R. 4244) [27SE]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
Income: improvements relative to financial security (see H.R.
3125) [20MR]
Insurance: establish consumer protection standards for the
purchase of long-term care insurance (see H.R. 3381) [1MY]
------prohibit use of financial incentives to encourage health
care practitioners to limit medical tests, services, and
treatments (see H.R. 3694) [20JN]
Medicare: access to medigap supplemental insurance for enrollees
in both traditional and managed care plans (see H.R. 3374)
[1MY]
------assure access to services under the Medicare Health
Maintenance Organization Program (see H.R. 3079) [13MR]
------contract reform (see H.R. 3132) [20MR]
------coverage for home health services (see H.R. 4229) [27SE]
------coverage of acupuncturist services (see H.R. 3292) [23AP]
------coverage of certain antibiotics parenterally administered at
home (see H.R. 3262, 4248) [17AP] [27SE]
------demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
------eligibility of certain hospitals that own skilled nursing
facilities relative to geographic reclassification (see H.R.
4158) [24SE]
------eliminate time limitation on benefits for immunity
suppressing drugs (see H.R. 3138) [21MR]
------establish consumer protections for supplemental insurance
plans (see H.R. 4047) [11SE]
------expand coverage of part B to provide for respite care
services (see H.R. 3585) [5JN]
------extend community nursing organization demonstration projects
(see H.R. 3337) [25AP]
------hospice care reform (see H.R. 3714) [25JN]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------pharmaceutical care services (see H.R. 3757) [8JY]
------provide prospective payments for inpatient services relative
to rehabilitation hospitals and units (see H.R. 3856) [18JY]
------reduce part A enrollment premium for individuals not
receiving third party assistance (see H.R. 3591) [5JN]
------reform (see H.R. 3355) [30AP]
------require hospitals to extend visitor privileges to non-family
members (see H.R. 4325) [28SE]
------treatment of certain practices relative to value units for
physicians' services (see H.R. 3859) [18JY]
------treatment of surveys of home health agencies and providers
(see H.R. 3004) [5MR]
------waive enrollment composition rules for Wellness Plan (see
H.R. 4012) [2AU]
Medicare/Medicaid: prohibit funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 3123) [20MR]
------provide orientation and medical profiles for enrollees and
require health plans to assure child immunizations (see H.R.
4160) [24SE]
National Commission on the Long-Term Solvency of the Medicare
Program: establish (see H.R. 3992) [2AU]
OPM: require annual reports to Congress on changes to Federal
retiree health benefits (see H.R. 3462) [15MY]
Social Security: apply standards to outpatient physical therapy
relative to certain physician services (see H.R. 3426) [9MY]
------budget treatment of trust funds (see H.R. 2897) [25JA]
------computation rule application to workers attaining age 65 in
or after 1982 (see H.R. 2930) [1FE]
------determination of average annual earnings relative to child
care or home health care (see H.R. 3357) [30AP]
------establish and maintain individual investment accounts (see
H.R. 4215) [26SE]
------exempt States from certain regulatory requirements relative
to electronic distribution of benefits (see H.R. 4089) [17SE]
------investment of surplus from trust funds and protection from
public debt limit (see H.R. 3636) [13JN]
------investment of trust funds surplus (see H.R. 2928, 3098)
[1FE] [14MR]
------level of benefit payment in the month of the beneficiary's
death (see H.R. 3835, 4015) [17JY] [2AU]
------Medicare reimbursement to Military Health Services System
(see H.R. 3142, 3151, 4068) [21MR] [12SE]
------payment of benefits relative to the debt limit extension
(see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
------provide enrollment period for Medicare and medigap relative
to certain military retirees and dependents (see H.R. 4298)
[28SE]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
------self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
Social Security Administration: extend demonstration projects (see
H.R. 4039) [10SE]
Taxation: child tax credits and deductions for taxpayers with whom
a parent or grandparent resides (see H.R. 3984) [2AU]
------contribution limits for certain pension plans (see H.R.
3209) [29MR]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------treatment of certain capital gains deposited in individual
retirement accounts (see H.R. 3550) [29MY]
------treatment of health coverage for certain workers who leave
employment (see H.R. 3342) [25AP]
------treatment of long-term health care insurance (see H.R. 3381)
[1MY]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
------treatment of Social Security (see H.R. 2971) [23FE]
Women: comprehensive pension protection (see H.R. 4204) [26SE]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Messages
Retirement Savings and Security Act: President Clinton [23MY]
Motions
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Reports filed
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 2974, Crimes Against Children and Elderly
Persons Increased Punishment Act: Committee on Rules (House)
(H. Res. 421) (H. Rept. 104-552) [2MY]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Crimes Against Children and Elderly Persons Increased Punishment
Act: Committee on the Judiciary (House) (H.R. 2974) (H. Rept.
104-548) [1MY]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Medicare Enrollment Composition Rules for Wellness Plan: Committee
on Commerce (House) (H.R. 4012) (H. Rept. 104-845) [25SE]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
Older Americans Act Reauthorization: Committee on Economic and
Educational Opportunities (H.R. 2570) (H. Rept. 104-539)
[25AP]
Social Security Administration Demonstration Projects Extension:
Committee on Ways and Means (House) (H.R. 4039) (H. Rept. 104-
786) [16SE]
SENIOR CITIZENS' RIGHT TO WORK ACT
Bills and resolutions
Enact (see H.R. 3136) [21MR]
Enact (H.R. 3136): consideration (see H. Res. 391) [27MR]
------waiving enrollment requirements (see H.J. Res. 168) [26MR]
Motions
Enact (H.R. 3136) [28MR]
Reports filed
Consideration of H.R. 3136, Provisions: Committee on Rules (House)
(H. Res. 391) (H. Rept. 104-500) [27MR]
SENSENBRENNER, F. JAMES, JR. (a Representative from Wisconsin)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3539, FAA programs reauthorization [24SE]
Bills and resolutions introduced by
Northeast Interstate Dairy Compact: repeal consent of Congress
(see H.R. 3177, 4035) [27MR] [5SE]
SEPARATE ENROLLMENT AND LINE ITEM VETO ACT
Conference reports
Provisions (S. 4) [21MR]
[[Page 3137]]
Reports filed
Provisions: Committee of Conference (S. 4) (H. Rept. 104-491)
[21MR]
SERBIA
Bills and resolutions
Civil liberties: condemn restrictions on freedom of the press and
the democratic and humanitarian activities of the Soros
Foundation (see H. Res. 378) [12MR]
Taxation: treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
Yugoslavia: human and political rights of the Bosnian people of
the Sanjak region in Serbia and Montenegro (see H. Con. Res.
217) [24SE]
SERRANO, JOSE E. (a Representative from New York)
Appointments
Conferee: H.R. 3754, legislative branch of the Government
appropriations [30JY]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
Diseases: pediatric and adolescent AIDS (see H. Con. Res. 184)
[12JN]
Motions offered by
English language: declare as official language of U.S. (H.R. 123)
[1AU]
SERVICEPERSONS READJUSTMENT ACT
Bills and resolutions
Veterans: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
SEWAGE DISPOSAL
related term(s) Refuse Disposal
Bills and resolutions
District of Columbia: permit council to authorize the issuance of
revenue bonds relative to water and sewer facilities (see H.R.
3663) [18JN]
Reports filed
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities:
Committee on Government Reform and Oversight (House) (H.R.
3663) (H. Rept. 104-635) [25JN]
SEWERING, HANS J.
Bills and resolutions
World War II: investigate and prosecute Nazi war criminal (see H.
Con. Res. 205) [30JY]
SEXISM
Bills and resolutions
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
SHADEGG, JOHN (a Representative from Arizona)
Bills and resolutions introduced by
Courts: withhold Federal collateral remedies in State cases unless
inadequate State habeus corpus procedures are shown to exist
(see H.R. 2955) [1FE]
Federal-State relations: prevent Federal interference relative to
constitutional authority (see H.R. 3411) [8MY]
Taxation: incentives for endangered species conservation (see H.R.
3811) [12JY]
SHAW, E. CLAY, JR. (a Representative from Florida)
Appointments
Conferee: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Coastal zones: clarify Corps of Engineers responsibilities to
promote and carry out shore protection projects (see H.R.
3551) [29MY]
Foreign trade: imposition of trade sanctions on countries which
threaten the U.S. policy on the reduction and interdiction of
illicit drugs (see H.R. 3023) [6MR]
Health: administration of drugs and devices to terminally ill
patients (see H.R. 3149) [21MR]
Mexico: make foreign aid conditional to drug enforcement efforts
(see H.J. Res. 162) [5MR]
Tariff: fireworks (see H.R. 2895) [25JA]
SHAYS, CHRISTOPHER (a Representative from Connecticut)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
Bills and resolutions introduced by
Drugs: treatment of sentences relative to powdered cocaine (see
H.R. 3196) [28MR]
House Rules: time limits on questioning of witnesses by Members of
certain standing committees and subcommittees (see H. Res.
550) [27SE]
Medicare: expedite payment adjustments for durable medical
equipment (see H.R. 3225) [29MR]
Social Security: submit Board of Trustees report to Congress on
Federal hospital insurance trust fund (see H. Con. Res. 169)
[1MY]
States: participation in approval process of airport development
projects in neighboring States (see H.R. 3131) [20MR]
U.N.: authorize payment of U.S. arrearages and contributions for
U.N. peacekeeping activities (see H.R. 3609) [10JN]
SHIPBUILDING TRADE AGREEMENT ACT
Bills and resolutions
Enact (H.R. 2754): consideration (see H. Res. 448) [6JN]
Reports filed
Consideration of H.R. 2754, Provisions: Committee on Rules (House)
(H. Res. 448) (H. Rept. 104-606) [6JN]
Provisions: Committee on National Security (House) (H.R. 2754) (H.
Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
SHIPPING INDUSTRY
related term(s) Cargo Transportation; Ships and Vessels
Bills and resolutions
Cargo transportation: allow transportation of cargo on foreign
ships manned by U.S. crews (see H.R. 4006) [2AU]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
IRS: recognize qualified delivery services in addition to the
Postal Service for purposes of timely filing of tax documents
(see H.R. 3086) [14MR]
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
Petroleum: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
Postal Service: limit commercial nonpostal services (see H.R.
3690) [20JN]
Railroads: improve rail transportation safety (see H.R. 3106,
3578) [18MR] [5JN]
Ships and vessels: ensure safety of towing vessels (see H.R. 2916)
[31JA]
------establish safety requirements for barges carrying oil or
hazardous materials (see H.R. 3014) [5MR]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
------limit the applicability of hazardous material transportation
registration and fee requirements relative to the transport of
crude oil and condensate (see H.R. 3188) [28MR]
Motions
Petroleum: gasoline tax (H.R. 3415) [21MY]
Reports filed
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
SHIPS AND VESSELS
related term(s) Merchant Marine Industry
Appointments
Conferees: S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions
Ark (vessel): certificate of documentation (see H.R. 2871) [23JA]
Barefoot'n (vessel): certificate of documentation (see H.R. 2907)
[30JA]
Beacon (vessel): certificate of documentation (see H.R. 3914)
[29JY]
Coast Guard: authorizing appropriations (S. 1004), corrections in
enrollment of conference report (see H. Con. Res. 229) [28SE]
------cost estimate for the engineering, design and retrofitting
of the icebreaker Mackinaw (see H.R. 4081) [17SE]
------extend use of divers for search and rescue efforts (see H.R.
4101) [17SE]
Dept. of Defense: prohibit use of certain shipping cost
differentials relative to Merchant Marine Act (see H.R. 4343)
[3OC]
------transfer naval vessels to certain foreign countries (see
H.R. 3121) [20MR]
Dept. of Transportation: authorizing appropriations for certain
maritime programs (see H.R. 3281) [22AP]
------certificate of documentation for certain vessels (see H.R.
3701) [20JN]
Hey, Da! (vessel): certificate of documentation (see H.R. 4225)
[26SE]
High Hopes II (vessel): certificate of documentation (see H.R.
3935) [31JY]
High Hopes (vessel): certificate of documentation (see H.R. 3935)
[31JY]
Hoptoad (vessel): certificate of documentation (see H.R. 3388)
[1MY]
Immigration: reassess Canadian boater landing permit requirements
(see H.R. 4165) [25SE]
Karma (vessel): certificate of documentation (see H.R. 3133)
[20MR]
Magic Moments (vessel): certificate of documentation (see H.R.
3082) [13MR]
Maralinda (vessel): certificate of documentation (see H.R. 3915)
[30JY]
Medrx III (vessel): certificate of documentation (see H.R. 4163)
[24SE]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial, San Francisco, CA (see H.R. 4066) [12SE]
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Patents: protect hull designs from unauthorized duplication (see
H.R. 4159) [24SE]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
Queens County, NY: declare certain areas as nonnavigable waters
(see H.R. 2987) [28FE]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
Regent Rainbow (vessel): certificate of documentation (see H.R.
4078) [12SE]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
Sea Sister (vessel): certificate of documentation (see H.R. 3813)
[12JY]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
------establish safety requirements for barges carrying oil or
hazardous materials (see H.R. 3014) [5MR]
[[Page 3138]]
Top Gun (vessel): certificate of documentation (see H.R. 3370)
[30AP]
Towing vessels: ensure safety (see H.R. 2916) [31JA]
Two Can (vessel): certificate of documentation (see H.R. 3040)
[6MR]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
------removal of abandoned vessels (see H.R. 4010) [2AU]
Western Atlantic (vessel): certificate of documentation (see H.R.
3913) [29JY]
White Wing (vessel): certificate of documentation (see H.R. 3371)
[30AP]
Conference reports
Coast Guard Appropriations (S. 1004) [27SE]
Reports filed
Coast Guard Appropriations: Committee of Conference (S. 1004) (H.
Rept. 104-854) [27SE]
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
SHORE PROTECTION ACT
Bills and resolutions
Enact (see H.R. 3551) [29MY]
SHUSTER, BUD (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3539, FAA programs reauthorization [24SE]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1004, Coast Guard appropriations [29FE]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Aviation: requirements relative to families of passengers involved
in aircraft accidents (see H.R. 3923) [31JY]
Coast Guard: authorizing appropriations (S. 1004), corrections in
enrollment of conference report (see H. Con. Res. 229) [28SE]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
FAA: reauthorizing programs (see H.R. 3539) [29MY]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Terrorism: U.S. policy (see H.R. 3953) [2AU]
Conference reports
Coast Guard Appropriations (S. 1004) [27SE]
FAA Programs Reauthorization (H.R. 3539) [26SE]
Motions offered by
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Reports filed
Airline Pilot Hiring and Safety Act: Committee on Transportation
(House) (H.R. 3536) (H. Rept. 104-684) [17JY]
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Child Pilot Safety Act: Committee on Transportation (House) (H.R.
3267) (H. Rept. 104-683) [17JY]
Coast Guard Appropriations: Committee of Conference (S. 1004) (H.
Rept. 104-854) [27SE]
Deepwater Port Act Amendments: Committee on Transporation and
Infrastructure (House) (H.R. 2940) (H. Rept. 104-692) [18JY]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Disaster and Emergency Assistance Standards Relative to Snow-
Related Events: Committee on Transportation and Infrastructure
(House) (H.R. 3348) (H. Rept. 104-792) [17SE]
E. Barrett Prettyman U.S. Courthouse, Washington, DC: Committee on
Transportation and Infrastructure (House) (H.R. 3029) (H.
Rept. 104-588) [21MY]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
FAA Programs Reauthorization: Committee of Conference (H.R. 3539)
(H. Rept. 104-848) [26SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3539) (H. Rept. 104-714) [26JY]
Mark O. Hatfield U.S. Courthouse, Portland, OR: Committee on
Transportation and Infrastructure (House) (H.R. 3134) (H.
Rept. 104-587) [21MY]
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
Railroad Unemployment Insurance Act Amendments: Committee on
Transportation and Infrastructure (House) (H.R. 2594) (H.
Rept. 104-525) [18AP]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: Committee
on Transportation and Infrastructure (House) (H.R. 3576) (H.
Rept. 104-781) [10SE]
Roman L. Hruska U.S. Courthouse, Omaha, NE: Committee on
Transportation and Infrastructure (House) (H.R. 3400) (H.
Rept. 104-610) [6JN]
Sammy L. Davis Federal Building, Overland, MO: Committee on
Transportation and Infrastructure (House) (H.R. 3186) (H.
Rept. 104-609) [6JN]
Use of Capitol Grounds for Greater Washington Soap Box Derby:
Committee on Transportation and Infrastructure (House) (H.
Con. Res. 153) (H. Rept. 104-589) [21MY]
Use of Capitol Grounds for National Peace Officers' Memorial
Service: Committee on Transportation and Infrastructure
(House) (H. Con. Res. 147) (H. Rept. 104-488) [20MR]
Use of Capitol Grounds for Special Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
146) (H. Rept. 104-487) [20MR]
Use of Capitol Grounds for Summer Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
172) (H. Rept. 104-608) [6JN]
W. Edwards Deming Federal Building, Suitland, MD: Committee on
Transportation and Infrastructure (House) (H.R. 3535) (H.
Rept. 104-780) [10SE]
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
William H. Natcher Bridge Designation: Committee on Transportation
and Infrastructure (House) (H.R. 3572) (H. Rept. 104-626)
[18JN]
William J. Nealon U.S. Courthouse, Scranton, PA: Committee on
Transportation and Infrastructure (House) (H.R. 3364) (H.
Rept. 104-611) [6JN]
SIERRA LEONE, REPUBLIC OF
Bills and resolutions
Elections (see H. Con. Res. 160) [15AP]
SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE EMINENT DOMAIN
PREVENTION ACT
Messages
Veto of H.R. 2909, Provisions: President Clinton [3OC]
SISISKY, NORMAN (a Representative from Virginia)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
SKAGGS, DAVID E. (a Representative from Colorado)
Appointments
Conferee: H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
San Isabel National Forest, CO: extend protection of Spanish Peaks
planning area (see H.R. 3969) [2AU]
Motions offered by
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (H. Res. 395) [15AP]
SKEEN, JOE (a Representative from New Mexico)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Bills and resolutions introduced by
Agriculture: Federal assistance to livestock producers adversely
affected by drought conditions (see H.R. 3449) [14MY]
Agriculture, rural development, FDA, and related agencies
programs: authorizing appropriations (see H.R. 3603) [7JN]
New Mexico: land conveyance to Carlsbad Irrigation District (see
H.R. 3258) [17AP]
Conference reports
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations (H.R. 3603) [30JY]
Reports filed
Agriculture, Rural Development, FDA, and Related Agencies Programs
Appropriations: Committee of Conference (H.R. 3603) (H. Rept.
104-726) [30JY]
------Committee on Appropriations (House) (H.R. 3603) (H. Rept.
104-613) [7JN]
SKELTON, IKE (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
SLAUGHTER, LOUISE McINTOSH (a Representative from New York)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
Bills and resolutions introduced by
Dept. of HHS: employment opportunities for women scientists (see
H.R. 3791) [11JY]
Medicare: reimbursement of education costs for residents enrolled
in certain primary care training programs (see H.R. 4271)
[27SE]
Women: national policy to provide health care and reform insurance
procedures (see H.R. 3178) [27MR]
SLOVAK REPUBLIC
Bills and resolutions
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
NATO: membership of Central and East European countries (see H.R.
4096) [17SE]
[[Page 3139]]
SLOVENIA
Bills and resolutions
NATO: membership of Central and East European countries (see H.R.
4096) [17SE]
SMALL BUSINESS
related term(s) Business and Industry
Appointments
Conferees: H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions
Business and industry: assist in development of microenterprises
(see H.R. 3846) [18JY]
------authorize judicial review of agency certifications of the
economic impact of regulations on small entities (see H.R.
3048) [7MR]
------ensure congressional approval of compliance costs relative
to Government regulations (see H.R. 3277) [18AP]
------ensure economic equity for women (see H.R. 3857) [18JY]
------establish a commission to study employment and economic
insecurity (see H.R. 3353) [30AP]
------pay equity and labor protection for contingent workers (see
H.R. 3657) [13JN]
------prohibit employment discrimination relative to participation
in labor organization activities (see H.R. 3763) [9JY]
------require employers to notify workers of reductions in
business operations (see H.R. 3369) [30AP]
Construction industries: prohibit discrimination relative to
surety bonding requirements (see H.R. 3702) [24JN]
Contracts: minimize unfair competition between Federal Prison
Industries and private firms (see H.R. 3745) [27JN]
Corporate Independence Commission: establish (see H.R. 3351)
[30AP]
Courts: provide legal redress for unfair trade practices (see H.R.
3967) [2AU]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919, 3093) [31JA] [14MR]
Employment: establish labor and tax provisions (see H.R. 4252)
[27SE]
------provide compensatory time for all employees (H.R. 2391),
consideration (see H. Res. 488) [24JY]
------use of salary base to exempt employees from certain wage
requirements (see H.R. 4266) [27SE]
FCC: require promotion of sharing of broadcasting tower facilities
(see H.R. 3945) [1AU]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
Federal aid programs: provide development assistance to
economically disadvantaged individuals (see H.R. 3994) [2AU]
Federal contracts: strengthen opportunities and assess impact of
contract bundling by Federal agencies (see H.R. 4313) [28SE]
Financial institutions: offer negotiable order of withdrawal
accounts to businesses and allow interest payments on demand
deposits (see H.R. 3993) [2AU]
Food: increase access to nutritional information and increase
availability of safe food products (see H.R. 3200) [29MR]
Government: prohibit bundling of contract requirements in
procurement (see H.R. 3934) [31JY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
------reduce Federal paperwork burden relative to small businesses
(see H.R. 3607, 4033) [10JN] [5SE]
------reform regulatory process (see H.R. 3798) [11JY]
------reform regulatory process (H.R. 994), consideration (see H.
Res. 368) [29FE]
------require reasonable notice to businesses of changes made to
regulations imposed by Federal agencies (see H.R. 3307) [24AP]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Health: national policy to provide health care and reform
insurance procedures (see H.R. 2893, 3185) [25JA] [28MR]
House of Representatives: enactment of certain legislation (see
H.R. 3136) [21MR]
------enactment of certain legislation (H.R. 3136), consideration
(see H. Res. 391) [27MR]
------enactment of certain legislation (H.R. 3136), waiving
enrollment requirements (see H.J. Res. 168) [26MR]
Phi Beta Lambda (fraternal organization): tribute (see H. Con.
Res. 164) [18AP]
Postal Service: limit commercial nonpostal services (see H.R.
3690) [20JN]
Programs: improve (see H.R. 3719, 3720) [26JN]
------improve (H.R. 3719), consideration (see H. Res. 516) [4SE]
SBA: increase fees for participants in certain financial
assistance programs (see H.R. 3989) [2AU]
------participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
------reauthorize women's business training program (see H.R.
3990) [2AU]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Small Business Technology Transfer Program: extend (see H.R. 3158)
[25MR]
Taxation: allow small businesses credit for family and medical
leave and for wages of employees who work at home to reduce
child care needs (see H.R. 3836) [17JY]
------apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
------credit for business investments in economically distressed
areas (see H.R. 2847) [4JA]
------credits for health insurance premiums of employees without
employer-provided health coverage (see H.R. 4176) [25SE]
------deductibility of the old-age, survivors, and disability
insurance taxes paid by employees and self-employed
individuals (see H.R. 3427) [9MY]
------exempt certain small businesses from use of electronic fund
transfer system for depository taxes (see H.R. 4251) [27SE]
------increase deductions for health insurance costs of self-
employed individuals (see H.R. 3330) [25AP]
------provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
------refundable income credit to businesses which recycle office
wastes (see H.R. 3955) [2AU]
------treatment of certain depreciable business assets (see H.R.
3124) [20MR]
------treatment of interest on deficiencies attributable to
certain partnership items (see H.R. 4256) [27SE]
------treatment of small businesses (see H.R. 2911) [31JA]
Veterans: increase opportunities (see H.R. 4080) [17SE]
------strengthen veterans' preference and increase employment
opportunities (see H.R. 3586, 3938) [5JN] [1AU]
Women: assist the development of small business concerns owned and
controlled by women (see H.R. 4071) [12SE]
Conference reports
Small Business Job Protection Act (H.R. 3448) [1AU]
Messages
Small Business and Competition: President Clinton [5JN]
Motions
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
House of Representatives: enactment of certain legislation (H.R.
3136) [28MR]
Reports filed
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of H.R. 994, Regulatory Sunset and Review Act:
Committee on Rules (House) (H. Res. 368) (H. Rept. 104-464)
[29FE]
Consideration of H.R. 2391, Working Families Flexibility Act:
Committee on Rules (House) (H. Res. 488) (H. Rept. 104-704)
[24JY]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3719, Small Business Programs Improvements:
Committee on Rules (House) (H. Res. 516) (H. Rept. 104-773)
[4SE]
Microenterprise Act: Committee on International Relations (House)
(H.R. 3846) (H. Rept. 104-715) [29JY]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Economic and Educational
Opportunities (House) (H.R. 995) (H. Rept. 104-498) [25MR]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
Provide Compensatory Time for All Employees: Committee on Economic
and Educational Opportunities (House) (H.R. 2391) (H. Rept.
104-670) [11JY]
Reasonable Notice to Businesses of Changes Made to Regulations
Imposed by Federal Agencies: Committee on the Judiciary
(House) (H.R. 3307) (H. Rept. 104-859) [28SE]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Small Business Programs Improvements: Committee on Small Business
(House) (H.R. 3719) (H. Rept. 104-750) [2AU]
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
Strengthen Veterans' Preference and Increase Employment
Opportunities: Committee on Government Reform and Oversight
(House) (H.R. 3586) (H. Rept. 104-675) [12JY]
SMALL BUSINESS ACT
Bills and resolutions
SBA: increase fees for participants in certain financial
assistance programs (see H.R. 3989) [2AU]
Small business: improve certain programs (see H.R. 3719) [26JN]
------improve certain programs (H.R. 3719), consideration (see H.
Res. 516) [4SE]
Waterways: exempt dredging activities from certain requirements
(see H.R. 3437) [10MY]
Women: assist the development of small business concerns owned and
controlled by women (see H.R. 4071) [12SE]
Reports filed
Consideration of H.R. 3719, Small Business Programs Improvements:
Committee on Rules (House) (H. Res. 516) (H. Rept. 104-773)
[4SE]
Small Business Programs Improvements: Committee on Small Business
(House) (H.R. 3719) (H. Rept. 104-750) [2AU]
SMALL BUSINESS ADMINISTRATION
Bills and resolutions
Federal aid programs: increase fees for participants in certain
financial assistance programs (see H.R. 3989) [2AU]
------participation in loans guaranteed under the Export Working
Capital Program (see H.R. 2933) [1FE]
Small business: extend the Small Business Technology Transfer
Program (see H.R. 3158) [25MR]
[[Page 3140]]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Women: reauthorize women's business training program (see H.R.
3990) [2AU]
Messages
Small Business and Competition: President Clinton [5JN]
Reports filed
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
SMALL BUSINESS GROWTH AND FAIRNESS ACT
Bills and resolutions
Enact (see H.R. 3136) [21MR]
Enact (H.R. 3136): consideration (see H. Res. 391) [27MR]
------waiving enrollment requirements (see H.J. Res. 168) [26MR]
Motions
Enact (H.R. 3136) [28MR]
Reports filed
Consideration of H.R. 3136, Provisions: Committee on Rules (House)
(H. Res. 391) (H. Rept. 104-500) [27MR]
SMALL BUSINESS INVESTMENT ACT
Bills and resolutions
Small business: improve certain programs (see H.R. 3719, 3720)
[26JN]
------improve certain programs (H.R. 3719), consideration (see H.
Res. 516) [4SE]
Reports filed
Consideration of H.R. 3719, Small Business Programs Improvements:
Committee on Rules (House) (H. Res. 516) (H. Rept. 104-773)
[4SE]
Small Business Programs Improvements: Committee on Small Business
(House) (H.R. 3719) (H. Rept. 104-750) [2AU]
SMALL BUSINESS JOB PROTECTION ACT
Appointments
Conferees: H.R. 3448, provisions [26JY]
Bills and resolutions
Enact (see H.R. 3448) [14MY]
Enact (H.R. 3448): consideration (see H. Res. 440) [21MY]
------consideration of conference report (see H. Res. 503) [1AU]
Conference reports
Provisions (H.R. 3448) [1AU]
Motions
Enact (H.R. 3448) [26JY]
Reports filed
Consideration of Conference Report on H.R. 3448, Provisions:
Committee on Rules (House) (H. Res. 503) (H. Rept. 104-739)
[1AU]
Consideration of H.R. 3448, Provisions: Committee on Rules (House)
(H. Res. 440) (H. Rept. 104-590) [21MY]
Provisions: Committee of Conference (H.R. 3448) (H. Rept. 104-737)
[1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
SMITH, CHRISTOPHER H. (a Representative from New Jersey)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Dept. of Defense: prohibit payment under defense contracts of
restructuring costs for mergers or acquisitions (see H.R.
3433) [10MY]
------prohibit the sale or distribution of sexually explicit
material to any individual (see H.R. 3300) [23AP]
Dept. of Veterans Affairs: develop sharing agreements relative to
health care resources (see H.R. 3561) [30MY]
Diseases: research programs for Parkinson's disease (see H.R.
3514) [22MY]
Federal employees: treatment of survivor annuities for children
relative to marriage (see H.R. 2858) [5JA]
Foreign policy: strengthen protection of human rights (see H.R.
4036) [5SE]
Foreign trade: impose certain sanctions on countries that use
child labor (see H.R. 3812, 4037) [12JY] [5SE]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
Moldova: removal of Russian Armed Forces (see H. Con. Res. 145)
[1FE]
Turkey: conflict resolution between Government and Kurdish
militants (see H. Con. Res. 136) [25JA]
Ukraine: anniversary of the Chornobyl nuclear reactor accident
(see H. Con. Res. 167) [24AP]
Veterans: treatment of cold weather injuries received during
military operations (see H.R. 4007) [2AU]
Conference reports
Foreign Affairs Agencies' Consolidation (H.R. 1561) [8MR]
Motions offered by
Depts. of Labor, HHS, and Education, and related agencies: making
appropriations (H.R. 3755) [11JY]
SMITH, LAMAR S. (a Representative from Texas)
Appointments
Conferee: H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Budget: require use of generational accounting information on
Presidential and CBO budget submissions (see H.R. 3076) [13MR]
Business and industry: ensure congressional approval of compliance
costs relative to Government regulations (see H.R. 3277)
[18AP]
Education: express disapproval of the National Center for History
in the Schools standards for teaching U.S. and world history
(see H. Res. 348) [25JA]
Public welfare programs: modify laws relative to public assistance
and benefits for aliens (see H.R. 4335) [30SE]
Taxation: use of individual retirement accounts for post-secondary
education or job retraining expenses (see H.R. 4334) [30SE]
Television: reservation of time for family-oriented programming
(see H. Res. 484) [18JY]
Conference reports
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202) [24SE]
Reports filed
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Relief of Individuals Terminated From White House Travel Office:
Committee on the Judiciary (House) (H.R. 2937) (H. Rept. 104-
484) [18MR]
SMITH, LINDA (a Representative from Washington)
Bills and resolutions introduced by
Elections: campaign ethics reform and contribution limits (H.R.
2566), consideration (see H. Res. 373) [6MR]
Health: protection of patients' rights relative to medical care
(see H. Con. Res. 214) [12SE]
Members of Congress: prohibit the soliciting or accepting of
campaign contributions within certain areas of the Capitol
(see H. Res. 439) [16MY]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
SMITH, NICK (a Representative from Michigan)
Bills and resolutions introduced by
Floods: correct flood maps containing certain errors (see H.R.
3340) [25AP]
Government regulations: require congressional approval of certain
proposed rules (see H.R. 2990) [28FE]
National Character Counts Week: designate (see H. Res. 413) [24AP]
Public debt: ceiling (see H.R. 2896, 2897, 2920) [25JA] [31JA]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
Social Security: budget treatment of trust funds (see H.R. 2897)
[25JA]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
Taxation: use of income averaging for farmers (see H.R. 3783)
[11JY]
SMITHSONIAN INSTITUTION
Bills and resolutions
National Air and Space Museum: authorize construction of Dulles
Center (see H.R. 3933) [31JY]
SOCIAL CUSTOMS
Bills and resolutions
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Millennium Society: coordinate activities to commemorate the
second millennium and endow an international cross-cultural
scholarship fund (see H.R. 3631) [12JN]
Music and dance: tribute to African-American music (see H. Con.
Res. 151) [12MR]
National Character Counts Week: designate (see H. Res. 413) [24AP]
Reports filed
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
SOCIAL SECURITY
related term(s) Public Welfare Programs
Appointments
Conferees: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions
Account numbers: prohibit certain misuses (see H.R. 3598) [6JN]
Armed Forces: permit certain beneficiaries to enroll in the
Federal Employees Health Program (see H.R. 3012) [5MR]
Benefits: computation rule application to workers attaining age 65
in or after 1982 (see H.R. 2930) [1FE]
------level of payment in the month of the beneficiary's death
(see H.R. 3835, 4015) [17JY] [2AU]
------payment of benefits relative to the debt limit extension
(see H.R. 2924) [1FE]
------payment of benefits relative to the debt limit extension
(H.R. 2924), consideration (see H. Res. 355) [1FE]
------use of current level disability benefits for blind
individuals in certain earnings test disability determinations
(see H.R. 4091) [17SE]
Bipartisan Commission on the Future of Medicare: establish (see
H.R. 3881) [23JY]
Budget: sequestration of all budgetary accounts except Social
Security, Federal retirement, and interest on the debt (see
H.R. 3414) [8MY]
Commission on Retirement Income Policy: establish (see H.R. 3077)
[13MR]
Crime: penalties for fraud and related activity involving work
authorization documents relative to Social Security cards (see
H.R. 3724) [26JN]
Death and dying: prohibit Federal funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 4149) [24SE]
Dept. of Defense: allow military health care system beneficiaries
the option to enroll in Federal Employees Health Benefits
Program (see H.R. 3368) [30AP]
------provide enrollment period for Medicare and medigap relative
to certain military retirees and dependents (see H.R. 4298)
[28SE]
Dept. of HHS: application for waiver of certain AFDC and Medicaid
demonstration projects (see H.R. 3696) [20JN]
Disability benefits: waive waiting period relative to individuals
with terminal illnesses (see H.R. 3899, 3932) [25JY] [31JY]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
Divorce: treatment of spousal benefits (see H.R. 3360) [30AP]
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
[[Page 3141]]
------placement of children with adult relatives who meet State
child protection standards (see H.R. 3650) [13JN]
------reduction of teenage pregnancy rates through evaluation of
prevention programs (see H.R. 3940) [1AU]
Federal hospital insurance trust fund: submit Board of Trustees
report to Congress (see H. Con. Res. 169) [1MY]
Federal old age, survivors, and disability insurance benefits:
reform (see H.R. 3758) [9JY]
Government: investment of trust funds surplus (see H.R. 3098)
[14MR]
Health: apply standards to outpatient physical therapy relative to
certain physician services (see H.R. 3426) [9MY]
------denial of nurse aide training programs relative to quality
or operation (see H.R. 3233) [15AP]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------establish teaching hospital and graduate medical education
trust fund (see H.R. 4069) [12SE]
------improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
------national policy to provide health care and reform insurance
procedures (see H.R. 2893, 3013, 3063, 3070, 3103, 3130, 3160,
3185) [25JA] [5MR] [12MR] [18MR] [20MR] [26MR] [28MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
------national policy to provide health care to children and
pregnant women (see H.R. 3787) [11JY]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
Health care facilities: self-referral requirements relative to
hospitals participating in Medicare and Medicaid programs (see
H.R. 4100) [17SE]
Income: determination of average annual earnings relative to child
care or home health care (see H.R. 3357) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Insurance: establish consumer protection standards for the
purchase of long-term care insurance (see H.R. 3381) [1MY]
------prohibit use of financial incentives to encourage health
care practitioners to limit medical tests, services, and
treatments (see H.R. 3694) [20JN]
Investments: establish and maintain individual investment accounts
(see H.R. 4215) [26SE]
Medicaid: county-operated health insurance programs qualifications
and requirements (see H.R. 3056) [7MR]
------permit States to cover community-based attendant services
(see H.R. 4250) [27SE]
------preadmission screening and resident review requirements for
certain nursing facilities (see H.R. 3232, 3632) [15AP] [12JN]
------reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
------screening mammography and screening pap smears (see H.R.
3630) [12JN]
------State recovery of expenses from medical assistance programs
(see H.R. 2883) [25JA]
------waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
------waiver of enrollment composition rule for the District of
Columbia Chartered Health Plan (see H.R. 3264) [17AP]
------waiver of enrollment composition rule relative to certain
HMOs (see H.R. 3866, 3871, 4227) [22JY] [23JY] [26SE]
Medicare: access to medigap supplemental insurance for enrollees
in both traditional and managed care plans (see H.R. 3374)
[1MY]
------allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------assure access to services under the Medicare Health
Maintenance Organization Program (see H.R. 3079) [13MR]
------contract reform (see H.R. 3132) [20MR]
------coverage for home health services (see H.R. 4229) [27SE]
------coverage of acupuncturist services (see H.R. 3292) [23AP]
------coverage of certain antibiotics parenterally administered at
home (see H.R. 3262, 4248) [17AP] [27SE]
------coverage of outpatient parenteral antimicrobial therapy (see
H.R. 4190) [25SE]
------coverage of outpatient self-management training services and
blood-testing strips for persons with diabetes (see H.R. 4264)
[27SE]
------coverage of vancomycin home parenteral therapy (see H.R.
4189) [25SE]
------demonstration project to improve the quality and cost-
effectiveness of telemedicine and medical informatic networks
(see H.R. 4268) [27SE]
------demonstration project to provide coverage for cancer
patients enrolled in certain clinical trials (see H.R. 3959)
[2AU]
------eligibility of certain hospitals that own skilled nursing
facilities relative to geographic reclassification (see H.R.
4158) [24SE]
------eliminate time limitation on benefits for immunity
suppressing drugs (see H.R. 3138) [21MR]
------establish consumer protections for supplemental insurance
plans (see H.R. 4047) [11SE]
------expand coverage of part B to provide for respite care
services (see H.R. 3585) [5JN]
------expedite payment adjustments for durable medical equipment
(see H.R. 3225) [29MR]
------extend community nursing organization demonstration projects
(see H.R. 3337) [25AP]
------extend period of applicability of enrollment mix requirement
for HMOs to Watts Health Foundation (see H.R. 2923) [31JA]
------hospice care reform (see H.R. 3714) [25JN]
------improve health services to rural areas (see H.R. 3753)
[27JN]
------liability waiver for home health agencies, hospice programs,
and skilled nursing facilities (see H.R. 3678) [19JN]
------permit geographic reclassification of hospitals relative to
payment adjustments (see H.R. 3942) [1AU]
------pharmaceutical care services (see H.R. 3757) [8JY]
------provide prospective payments for inpatient services relative
to rehabilitation hospitals and units (see H.R. 3856) [18JY]
------reduce part A enrollment premium for individuals not
receiving third party assistance (see H.R. 3591) [5JN]
------reduce payment for certain costs of acquiring organs for
transplant from organ procurement organizations (see H.R.
4022) [4SE]
------reform (see H.R. 3355) [30AP]
------reimbursement of education costs for residents enrolled in
certain primary care training programs (see H.R. 4271) [27SE]
------require hospitals to extend visitor privileges to non-family
members (see H.R. 4325) [28SE]
------screening mammography (see H.R. 3052) [7MR]
------study of payments for instances where certain inpatient
services are replaced by outpatient services (see H.R. 4191)
[25SE]
------treatment of certain practices relative to value units for
physicians' services (see H.R. 3859) [18JY]
------treatment of surveys of home health agencies and providers
(see H.R. 3004) [5MR]
------ultrasound equipment transportation costs (see H.R. 3555)
[30MY]
------waive enrollment composition rules for Wellness Plan (see
H.R. 4012) [2AU]
Medicare/Medicaid: prohibit funding for assisted suicide,
euthanasia, or mercy killing (see H.R. 3123) [20MR]
------provide orientation and medical profiles for enrollees and
require health plans to assure child immunizations (see H.R.
4160) [24SE]
------use of bankruptcy courts by suppliers and providers to
discharge claims and by professionals excluded from health
care programs seeking automatic stays from exclusion (see H.R.
4219) [26SE]
Military Health Services System: Medicare reimbursement (see H.R.
3142, 3151, 4068) [21MR] [12SE]
National Commission on the Long-Term Solvency of the Medicare
Program: establish (see H.R. 3992) [2AU]
Nursing homes: nurses aide training and competency evaluation
programs (see H.R. 3633) [12JN]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Personal investment plans: diversion of percentage of payroll tax
payments (see H.R. 2953) [1FE]
Public debt: enforce debt limit and protect obligated trust funds
(see H.R. 3021) [6MR]
------enforce debt limit and protect obligated trust funds (H.R.
3021), consideration (see H. Res. 371) [6MR]
Public welfare programs: ensure States have sufficient funds to
assure effectiveness of work requirements of certain programs
(see H.R. 3999) [2AU]
------reform (see H.R. 2915, 3507, 3612, 3734, 3829, 3832) [31JA]
[22MY] [11JN] [27JN] [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
------reform (H.R. 3734), consideration (see H. Res. 482) [17JY]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 492, 495) [30JY] [31JY]
------reform relative to domestic violence (see H. Con. Res. 195)
[27JN]
------treatment of legal immigrants (see H.R. 4122) [19SE]
Social Security Administration: develop plan with the IRS to
eliminate mismatching of earnings information (see H.R. 4274)
[28SE]
------extend demonstration projects (see H.R. 4039) [10SE]
------provide for disclosure of Social Security account numbers
relative to judgments, decrees, or court issued orders (see
H.R. 3110) [19MR]
States: exempt from certain regulatory requirements relative to
electronic distribution of benefits (see H.R. 4089) [17SE]
Taxation: deductibility of the old-age, survivors, and disability
insurance taxes paid by employees and self-employed
individuals (see H.R. 3427) [9MY]
------reduce Social Security taxation rates and corresponding old-
age insurance benefits, and provide for individual Social
Security retirement accounts (see H.R. 2952) [1FE]
------replace individual and corporate income taxes, Social
Security, and Medicare taxes with a value-added tax (see H.R.
4050) [11SE]
------treatment of health coverage for certain workers who leave
employment (see H.R. 3342) [25AP]
------treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
------treatment of long-term health care insurance (see H.R. 3381)
[1MY]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
[[Page 3142]]
------treatment of Social Security (see H.R. 2971) [23FE]
Trust funds: budget treatment (see H.R. 2897) [25JA]
------investment of surplus (see H.R. 2928) [1FE]
------investment of surplus and protection from public debt limit
(see H.R. 3636) [13JN]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Public Welfare Programs Reform Pursuant to Budget Reconciliation
(H.R. 3734) [30JY]
Messages
Supplementary Social Security Agreement Between the U.S. and
Austria: President Clinton [20MY]
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Motions
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Public welfare programs: reform (H.R. 3734) [18JY] [24JY]
Reports filed
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 492) (H. Rept. 104-720) [30JY]
------Committee on Rules (House) (H. Res. 495) (H. Rept. 104-729)
[31JY]
Consideration of H.R. 2924, Payment of Social Security Benefits
Relative to the Debt Limit Extension: Committee on Rules
(House) (H. Res. 355) (H. Rept. 104-460) [1FE]
Consideration of H.R. 3021, Debt Limit Enforcement and Obligated
Trust Fund Protection: Committee on Rules (House) (H. Res.
371) (H. Rept. 104-473) [6MR]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of H.R. 3734, Public Welfare Programs Reform
Pursuant to Budget Reconciliation: Committee on Rules (House)
(H. Res. 482) (H. Rept. 104-686) [17JY]
Fraud and Abuse in Medicare and Medicaid--Stronger Enforcement and
Better Management Could Save Billions: Committee on Government
Reform and Oversight (House) (H. Rept. 104-641) [27JN]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
Medicaid Osteopathic Services: Committee on Commerce (House) (H.R.
1791) (H. Rept. 104-826) [24SE]
Medicaid Preadmission Screening and Resident Review Requirements
for Certain Nursing Facilities: Committee on Commerce (House)
(H.R. 3632) (H. Rept. 104-817) [23SE]
Medicaid Requirements and Qualifications Relative to County
Operated Health Insurance Programs: Committee on Commerce
(House) (H.R. 3056) (H. Rept. 104-751) [2AU]
Medicaid Waiver of Enrollment Composition Rule Relative to Certain
HMOs: Committee on Commerce (House) (H.R. 3871) (H. Rept. 104-
752) [2AU]
Medicare Enrollment Applicability Requirement for HMOs Relative to
Watts Health Foundation: Committee on Commerce (House) (H.R.
2923) (H. Rept. 104-844) [25SE]
Medicare Enrollment Composition Rules for Wellness Plan: Committee
on Commerce (House) (H.R. 4012) (H. Rept. 104-845) [25SE]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
National Policy To Provide Health Care and Reform Insurance
Procedures: Committee on Commerce (House) (H.R. 3070) (H.
Rept. 104-497) [25MR]
Nursing Homes' Nurses Aide Training and Competency Evaluation
Programs: Committee on Commerce (House) (H.R. 3633) (H. Rept.
104-818) [23SE]
Public Welfare Programs Reform Pursuant to Budget Reconciliation:
Committee of Conference (H.R. 3734) (H. Rept. 104-725) [30JY]
------Committee on the Budget (House) (H.R. 3734) (H. Rept. 104-
651) [27JN]
Railroad Unemployment Insurance Act Amendments: Committee on
Transportation and Infrastructure (House) (H.R. 2594) (H.
Rept. 104-525) [18AP]
Social Security Administration Demonstration Projects Extension:
Committee on Ways and Means (House) (H.R. 4039) (H. Rept. 104-
786) [16SE]
SOCIAL SECURITY ADMINISTRATION
Bills and resolutions
Courts: provide for disclosure of Social Security account numbers
relative to judgments, decrees, or court issued orders (see
H.R. 3110) [19MR]
Demonstration projects: extend (see H.R. 4039) [10SE]
IRS: develop plan to eliminate mismatching of earnings information
(see H.R. 4274) [28SE]
Social Security: determination of average annual earnings relative
to child care or home health care (see H.R. 3357) [30AP]
------treatment of spousal benefits relative to divorce (see H.R.
3360) [30AP]
------treatment of widow's or widower's insurance benefits
relative to age (see H.R. 3361) [30AP]
------treatment of widow's or widower's insurance benefits
relative to delayed retirement (see H.R. 3359) [30AP]
------treatment of widow's or widower's insurance benefits
relative to disability (see H.R. 3358) [30AP]
Messages
Revised Deferral of Budgetary Resources: President Clinton [24JN]
Reports filed
Social Security Administration Demonstration Projects Extension:
Committee on Ways and Means (House) (H.R. 4039) (H. Rept. 104-
786) [16SE]
SOLID WASTE
see Refuse Disposal; Sewage Disposal
SOLID WASTE DISPOSAL ACT
Bills and resolutions
Refuse disposal: prohibit international export and import of
certain solid waste (see H.R. 3893) [24JY]
Solid waste: State control over transportation of municipal solid
waste (S. 534), consideration (see H. Res. 349) [30JA]
Reports filed
Land Disposal Program Flexibility Act: Committee on Commerce
(House) (H.R. 2036) (H. Rept. 104-454) [30JA]
SOLOMON, GERALD B.H. (a Representative from New York)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Bills and resolutions introduced by
Agriculture: improve operation of certain programs (H.R. 2854),
consideration (see H. Res. 366) [27FE]
------improve operation of certain programs (H.R. 2854),
consideration of conference report (see H. Res. 393) [27MR]
Appropriations: making continuing (H.R. 3019), consideration of
conference report (see H. Res. 415) [25AP]
Armed Forces: limit placement under U.N. operational or tactical
control (H.R. 3308), consideration (see H. Res. 517) [4SE]
Budget: reconciliation of the concurrent resolution (H.R. 3734),
consideration of conference report (see H. Res. 495) [31JY]
------setting forth the Federal budget for 1997-2002 (H. Con. Res.
178), consideration (see H. Res. 435) [15MY]
China, People's Republic of: most-favored-nation status (H.J. Res.
182), consideration (see H. Res. 463) [25JN]
------oppose assistance by international financial institutions
(see H.R. 3577) [4JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
China, Republic of: democracy efforts (see H. Con. Res. 138)
[31JA]
Commission on the Future for America's Veterans: establish (see
H.R. 4060) [11SE]
Congress: adjournment (see H. Con. Res. 141) [1FE]
Crime: penalties relative to distribution of controlled substances
with the intent to facilitate a rape or sexual battery (see
H.R. 3341, 3905) [25AP] [25JY]
------penalties relative to drug-facilitated crimes involving
violence or sexual assault (see H.R. 4137) [24SE]
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (H.R. 3230), consideration
(see H. Res. 430) [9MY]
------authorizing military activities appropriations and
prescribing personnel strengths (H.R. 3230), consideration of
conference report (see H. Res. 498) [31JY]
------making appropriations (H.R. 3610), consideration (see H.
Res. 453) [12JN]
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134), disposition of Senate amendment (see H. Res. 336)
[5JA]
Elections: campaign ethics reform and contribution limits (H.R.
3820), consideration (see H. Res. 481) [17JY]
Employment: payment of wages to individuals who use employer-owned
vehicles (H.R. 1227), consideration (see H. Res. 440) [21MY]
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125), consideration (see H.
Res. 388) [21MR]
Foreign policy: endorse adoption of European Parliament resolution
supporting efforts by the Republic of China at joining the
community of nations (see H. Con. Res. 212) [11SE]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
Health: require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3226) [29MR]
House of Representatives: enactment of certain legislation (H.R.
3136), consideration (see H. Res. 391) [27MR]
House Rules: random drug testing of officers and employees (see H.
Res. 512) [2AU]
------reduce number of programs covered by appropriation bills
(see H. Res. 514) [2AU]
------require drug testing of Members, officers, and staff (see H.
Res. 519) [11SE]
------same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules
(see H. Res. 525) [19SE]
Insurance: prohibit use of genetic information in determining
coverage or premiums (see H.R. 4008) [2AU]
Public debt: ceiling (H.R. 3136), consideration (see H. Res. 391)
[27MR]
Public welfare programs: approval of waivers submitted by
Wisconsin to conduct ``Wisconsin Works'' project (H.R. 3562),
consideration (see H. Res. 446) [5JN]
------reform (H.R. 3734), consideration of conference report (see
H. Res. 495) [31JY]
Small business: reform regulatory process (see H.R. 3798) [11JY]
U.N.: prohibit U.S. contributions relative to U.N. attempts at
taxing or charging fees to U.S. citizens (see H.R. 2867)
[23JA]
[[Page 3143]]
Walker, Representative: election as Speaker pro tempore (see H.
Res. 553) [30SE]
Reports filed
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Committee on International Relations (House) Investigation of U.S.
Role in Iranian Arms Transfer to Croatia and Bosnia: Committee
on Rules (House) (H. Res. 416) (H. Rept. 104-551) [2MY]
Consideration of Conference Report on H.R. 2854, Agriculture
Market Transition Act: Committee on Rules (House) (H. Res.
393) (H. Rept. 104-502) [27MR]
Consideration of Conference Report on H.R. 3019, Continuing
Appropriations: Committee on Rules (House) (H. Res. 415) (H.
Rept. 104-538) [25AP]
Consideration of Conference Report on H.R. 3230, Dept. of Defense
Appropriations for Military Activities and Personnel
Strengths: Committee on Rules (House) (H. Res. 498) (H. Rept.
104-732) [31JY]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of Conference Report on H.R. 3734, Public Welfare
Programs Reform Pursuant to Budget Reconciliation: Committee
on Rules (House) (H. Res. 495) (H. Rept. 104-729) [31JY]
Consideration of H. Con. Res. 178, Setting Forth the Federal
Budget for 1997-2002: Committee on Rules (House) (H. Res. 435)
(H. Rept. 104-577) [15MY]
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.J. Res. 182, Most-Favored-Nation Status for the
People's Republic of China: Committee on Rules (House) (H.
Res. 463) (H. Rept. 104-636) [25JN]
Consideration of H.R. 125, Repeal Ban on Assault Weapons and Large
Capacity Ammunition Feeding Devices: Committee on Rules
(House) (H. Res. 388) (H. Rept. 104-490) [21MR]
Consideration of H.R. 1227, Employee Commuting Flexibility Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 2854, Agricultural Market Transition Act:
Committee on Rules (House) (H. Res. 366) (H. Rept. 104-463)
[27FE]
Consideration of H.R. 3136, Contract With America Advancement Act:
Committee on Rules (House) (H. Res. 391) (H. Rept. 104-500)
[27MR]
Consideration of H.R. 3230, Dept. of Defense Appropriations for
Military Activities and Personnel Strengths: Committee on
Rules (House) (H. Res. 430) (H. Rept. 104-570) [9MY]
Consideration of H.R. 3308, Limit Placement of Armed Forces Under
U.N. Operational or Tactical Control: Committee on Rules
(House) (H. Res. 517) (H. Rept. 104-774) [4SE]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
Consideration of H.R. 3610, Dept. of Defense Appropriations:
Committee on Rules (House) (H. Res. 453) (H. Rept. 104-619)
[12JN]
Consideration of H.R. 3820, Campaign Ethics Reform and
Contribution Limits: Committee on Rules (House) (H. Res. 481)
(H. Rept. 104-685) [17JY]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
Puerto Rico Self-Determination: Committee on Rules (House) (H.R.
3024) (H. Rept. 104-713) [18SE]
Same-Day Consideration of Certain Resolutions and Consideration of
Legislation Under Suspension of the House Rules: Committee on
Rules (House) (H. Res. 525) (H. Rept. 104-809) [19SE]
SOMALIA, DEMOCRATIC REPUBLIC OF
Bills and resolutions
Taxation: treatment of Armed Forces members performing services in
Somalia (see H.R. 4179) [25SE]
SOROS FOUNDATION
Bills and resolutions
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
SOUDER, MARK EDWARD (a Representative from Indiana)
Bills and resolutions introduced by
Hazardous substances: protect residents and localities from
irresponsibly sited waste facilities (see H.R. 3780) [10JY]
SOUTH AMERICA
Messages
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
SOUTH BEND, IN
Bills and resolutions
Robert Kurtz Rodibaugh U.S. Courthouse: designate (see H.R. 3576)
[4JN]
Reports filed
Robert Kurtz Rodibaugh U.S. Courthouse, South Bend, IN: Committee
on Transportation and Infrastructure (House) (H.R. 3576) (H.
Rept. 104-781) [10SE]
SOUTH CAROLINA
Bills and resolutions
Walhalla National Fish Hatchery: convey to South Carolina (see
H.R. 3546) [29MY]
Reports filed
Walhalla National Fish Hatchery Conveyance to South Carolina:
Committee on Resources (House) (H.R. 3546) H. Rept. 104-701)
[24JY]
SOUTH DAKOTA
Bills and resolutions
Fall River County, SD: construction of rural water system (see
H.R. 3985) [2AU]
James River: permit Corps of Engineers to acquire flowage and
saturation easements for lands located in flood areas (see
H.R. 3613) [11JN]
Perkins County, SD: construction of rural water system (see H.R.
3986) [2AU]
Reports filed
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
SOUTH KOREA
see Korea, Republic of
SOUTH POLE
see Antarctic Regions
SOUTHERN PACIFIC TRANSPORTATION CO.
Reports filed
Validate Certain Conveyances Made in Reno, NV, and Tulare, CA:
Committee on Resources (House) (H.R. 1784) (H. Rept. 104-691)
[18JY]
SPACE POLICY
related term(s) National Aeronautics and Space Administration
Bills and resolutions
Business and industry: encourage the development of a commercial
space industry (see H.R. 3936) [1AU]
------licensing of commercial space reentry vehicles and reentry
sites (see H.R. 4239) [27SE]
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516, 3951) [22MY]
[2AU]
National security: national missile defense system (see H.R. 3144)
[21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
Messages
CHINASAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
COSAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Globalstar Satellite Project Restrictions Waiver on Export of
U.S.-Origin Satellites to the People's Republic of China:
President Clinton [10JY]
MABUHAY Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
National Achievements in Aeronautics and Space: President Clinton
[26JN]
Reports filed
Commercial Space Industry Development: Committee on Science
(House) (H.R. 3936) (H. Rept. 104-801) [17SE]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
SPEAKER OF THE HOUSE OF REPRESENTATIVES (Newt Gingrich)
Appointments
Advisory Commission on Intergovernmental Relations [15AP]
Advisory Committee on Student Financial Assistance: members [18JY]
Attendance of Funeral of Bill Emerson [26JN]
British-U.S. Interparliamentary Group [29MR] [7MY]
Canada-U.S. Interparliamentary Group [27MR] [8MY]
Commission on Civil Rights [9FE]
Committee on Economics (Joint) [7MR]
Committee on Inaugural Ceremonies (Joint) [10SE]
Committee on Standards of Official Conduct (House) [23JY]
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Committee To Escort the President [23JA]
Conferees: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 956, Common Sense Legal Standards Reform Act [13MR]
------H.R. 1296, Presidio facilities management [9MY]
------H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 2202, Illegal Immigration Reform and Immigrant
Responsibility Act [11SE]
------H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 2977, Administrative Dispute Resolution Act [19SE]
------H.R. 3005, Securities Investment Promotion Act [24JY]
------H.R. 3019, continuing appropriations [21MR] [23AP]
------H.R. 3103, Health Insurance Portability and Accountability
Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3448, Small Business Job Protection Act [26JY]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3539, FAA programs reauthorization [24SE]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
------H.R. 3845, District of Columbia appropriations [26JY]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
[[Page 3144]]
------S. 735, Comprehensive Terrorism Prevention Act [14MR]
------S. 1004, Coast Guard appropriations [29FE]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
------S. 1136, Anticounterfeiting Consumer Protection Act [4JN]
------S. 1260, U.S. Housing Act [9MY]
------S. 1316, Safe Drinking Water Act amendments [17JY]
George Washington's birthday ceremonies delegation [9FE]
House of Representatives Page Board [1AU]
Library of Congress Trust Fund Board [27MR] [2OC]
Mexico-U.S. Interparliamentary Group [1MY]
National Commission on Restructuring the IRS [22MY]
National Commission on the Advancement of Federal Law Enforcement
[23JY]
Office of Fair Employment Practices Review Panel [9JY]
U.S. Naval Academy Board of Visitors [24JY]
Water Rights Task Force [6JN] [5SE]
Discharge petitions signed
Budget: reconciliation of the concurrent resolution (H.R. 2530),
consideration (H. Res. 333) [1FE] [8MR]
Elections: campaign ethics reform and contribution limits (H.R.
2566), consideration (H. Res. 373) [22MR] [29MR] [19AP] [25AP]
[2MY] [10MY] [16MY] [13JN] [20JN] [27JN] [12JY]
Endangered Species Act: reauthorize (H.R. 2275), consideration (H.
Res. 466) [18JY] [26JY] [2AU]
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125), consideration (H. Res.
364) [8MR]
------repeal ban on assault weapons and large capacity ammunition
feeding devices (H.R. 464), consideration (H. Res. 210) [8MR]
Health care professionals: create tax incentives for provision of
rural health care services (H.R. 425) [27JN]
Pesticides: definition and regulation of the minor use of
pesticides (H.R. 1627), consideration (H. Res. 443) [27JN]
[12JY] [18JY] [26JY]
Public Debt: ceiling (H.R. 2409), consideration (H. Res. 292)
[26JA] [1FE]
Public Welfare Programs: reform (H.R. 2915), consideration (H.
Res. 425) [12JY] [18JY]
Taxation: assessment of retail dealer occupational taxes (H.R.
302) [26JA]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
Agreement With Japan Relative to Whaling: President Clinton [13FE]
Agreement With Poland Relative to Fisheries: President Clinton
[13FE]
Alaska Mineral Resources Report: President Clinton [17AP]
Federal Budget for Fiscal Year 1997: President Clinton [6FE]
Caribbean Basin Economic Recovery Act: President Clinton [2OC]
CCC Report: President Clinton [22MY]
CHINASAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Corp. for Public Broadcasting: President Clinton [9JY]
COSAT Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Dept. of Defense Budget Rescissions: President Clinton [13MR]
Dept. of HUD Annual Report: President Clinton [29JY]
Dept. of the Interior and Related Agencies Appropriations:
President Clinton [29AP]
Dept. of Transportation Annual Report: President Clinton [25JA]
Economic Report: President Clinton [16FE]
Family Friendly Workplace Act: President Clinton [27SE]
Federal Budget for Fiscal Year 1997: President Clinton [19MR]
Federal Labor Relations Authority Report: President Clinton [27SE]
Foreign Trade Policy and Agreements: President Clinton [27MR]
Globalstar Satellite Project Restrictions Waiver on Export of
U.S.-Origin Satellites to the People's Republic of China:
President Clinton [10JY]
Interagency Arctic Research Policy Committee: President Clinton
[5MR]
Israel Loan Guarantees: President Clinton [3JA]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
MABUHAY Project Restrictions Waiver on Export of U.S.-Origin
Satellites to the People's Republic of China: President
Clinton [6FE]
Mongolian Emigration Laws and Policies: President Clinton [5SE]
Most-Favored-Nation Status for Bulgaria Relative to Compliance
With International Emigration Policies: President Clinton
[30JA] [17JY]
Most-Favored-Nation Status for Romania Relative to Compliance With
International Emigration Policies: President Clinton [3JA]
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
National Achievements in Aeronautics and Space: President Clinton
[26JN]
National Drug Control Strategy: President Clinton [29AP]
National Emergency Relative to Angola: President Clinton [25MR]
[16SE] [19SE]
National Emergency Relative to Cuba: President Clinton [4MR]
National Emergency Relative to Iran: President Clinton [12MR]
[16MY] [16SE]
National Emergency Relative to Iraq: President Clinton [13FE]
[23JY]
National Emergency Relative to Lapse of Export Administration Act:
President Clinton [4JN]
National Emergency Relative to Libya: President Clinton [3JA]
[22JA] [22JY]
National Emergency Relative to Middle East Peace Process:
President Clinton [13FE]
National Emergency Relative to Narcotics Traffickers Centered in
Colombia: President Clinton [23AP]
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons: President Clinton [14MY]
National Endowment for Democracy: President Clinton [23FE]
National Endowment for the Arts [28MR] [12JN]
National Endowment for the Humanities: President Clinton [17AP]
National Security Strategy: President Clinton [7MR]
NOAA Office of Ocean and Coastal Resource Management: President
Clinton [9JY]
NSF Report: President Clinton [22MY]
Plan To Achieve a Balanced Budget No Later Than 2002 as Certified
by the CBO: President Clinton [9JA]
Radiation Control for Health and Safety Act: President Clinton
[27MR]
Railroad Retirement Board: President Clinton [27SE]
Retirement Savings and Security Act: President Clinton [23MY]
Revised Deferral of Budgetary Resources: President Clinton [27FE]
[5MR] [14MY] [24JN]
Science and Engineering Indicators--1996: President Clinton [15MY]
Small Business and Competition: President Clinton [5JN]
Supplementary Social Security Agreement Between the U.S. and
Austria: President Clinton [20MY]
Telecommunications Services Relative to Cuba: President Clinton
[23SE]
U.S. Participation in the U.N.: President Clinton [24JY]
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy: President Clinton [19MR]
Veto of H.R. 4, Personal Responsibility and Work Opportunity Act:
President Clinton [22JA]
Veto of H.R. 743, Teamwork for Employees and Managers Act:
President Clinton [30JY]
Veto of H.R. 1530, Dept. of Defense Appropriations: President
Clinton [3JA]
Veto of H.R. 1561, American Overseas Interests Act: President
Clinton [15AP]
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
House Rules Relative to the Speaker's Authority To Declare Recess:
Committee on Rules (House) (H. Res. 330) (H. Rept. 104-445)
[3JA]
------Committee on Rules (House) (H. Res. 352) (H. Rept. 104-457)
[31JA]
SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES
Bills and resolutions
Greene, Representative: election as Speaker pro tempore (see H.
Res. 471) [8JY]
Morella, Representative: election as Speaker pro tempore (see H.
Res. 363) [6FE]
Walker, Representative: election as Speaker pro tempore (see H.
Res. 553) [30SE]
SPECIAL DAYS AND HOLIDAYS
Appointments
George Washington's birthday ceremonies delegation [9FE]
Bills and resolutions
African Americans: recognize end of slavery and true day of
independence (see H.J. Res. 195) [17SE]
Army Reserves: designate wearing of army uniforms annually on
April 23 (see H. Con. Res. 168) [30AP]
National Character Counts Week: designate (see H. Res. 413) [24AP]
SPECIALTY EQUIPMENT MARKET ASSOCIATION
Bills and resolutions
Capitol Building and Grounds: use of Grounds for Specialty
Equipment Market Association events (see H. Con. Res. 150)
[7MR]
SPENCE, FLOYD (a Representative from South Carolina)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (see H.R. 3230) [15AP]
Conference reports
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths (S. 1124) [22JA]
Motions offered by
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (S. 1124) [5JA]
Reports filed
Dept. of Defense Appropriations for Military Activities and
Personnel Strengths: Committee of Conference (H.R. 3230) (H.
Rept. 104-724) [30JY]
------Committee of Conference (S. 1124) (H. Rept. 104-450) [22JA]
------Committee on National Security (House) (H.R. 3230) (H. Rept.
104-563) [7MY]
Intelligence Community Reorganization and Reform: Committee on
National Security (House) (H.R. 3237) (H. Rept. 104-620)
[23JY]
Limit Placement of Armed Forces Under U.N. Operational or Tactical
Control: Committee on National Security (House) (H.R. 3308)
(H. Rept. 104-642) [27JN]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
Restore Missing Person Status to Certain Dept. of Defense Civilian
and Contract Employees: Committee on National Security (House)
(H.R. 4000) (H. Rept. 104-806) [17SE]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
[[Page 3145]]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
SPORTS
Bills and resolutions
Boxing: improve and expand safety precautions (see H.R. 4114)
[19SE]
------safety for journeymen boxers (see H.R. 4167) [25SE]
Business and industry: regulations relative to relocation of
professional teams (see H.R. 3805) [12JY]
Capitol Building and Grounds: authorizing use of Grounds for
Greater Washington Soap Box Derby (see H. Con. Res. 153)
[22MR]
------authorizing use of Grounds for Special Olympics torch relay
(see H. Con. Res. 146) [5MR]
------authorizing use of Grounds for Summer Olympics torch relay
(see H. Con. Res. 172) [7MY]
------use of Grounds for Specialty Equipment Market Association
events (see H. Con. Res. 150) [7MR]
Colleges and universities: prohibit agents from influencing
athletes (see H.R. 3328) [25AP]
Corp. for the Promotion of Rifle Practice and Firearms Safety:
abolish (see H.R. 3466) [15MY]
Favre, Brett: National Football League Most Valuable Player Award
recipient (see H. Res. 335, 339) [5JA]
Firearms: Civilian Marksmanship Program funding (see H.R. 3466)
[15MY]
Foreign trade: prevent use of child labor for soccer ball
manufacturing (see H.R. 4307) [28SE]
Government: convene national summit to promote good citizenship
(see H. Con. Res. 199) [24JY]
Green Bay Packers (football team): tribute (see H. Res. 335) [5JA]
Major League Baseball: mint coins in commemoration of anniversary
of league integration (see H.R. 4148) [24SE]
National Physical Fitness and Sports Foundation: establish (S.
1311), return to Senate (see H. Res. 545) [27SE]
Prayer: constitutional amendment allowing prayer in public
institutions (see H.J. Res. 186) [23JY]
Tariff: golf clubs and golf club components (see H.R. 4240) [27SE]
Taxation: treatment of recreational fitness services and
facilities in certain hospitals (see H.R. 3801) [12JY]
Television: use of instant replay for officiating in professional
sporting events (see H.R. 3096) [14MR]
U.S. Soccer Federation: support efforts to bring 1999 Women's
World Cup tournament to the U.S. (see H. Res. 359) [1FE]
Utah: land acquisition in Sterling Forest Reserve relative to
winter Olympic games (see H.R. 3907) [26JY]
Reports filed
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
Journeymen Boxer Safety: Committee on Commerce (House) (H.R. 1186)
(H. Rept. 104-833) [24SE]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski Areas: Committee on
Resources (House) (H.R. 1527) (H. Rept. 104-516) [15AP]
Use of Capitol Grounds for Greater Washington Soap Box Derby:
Committee on Transportation and Infrastructure (House) (H.
Con. Res. 153) (H. Rept. 104-589) [21MY]
Use of Capitol Grounds for Special Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
146) (H. Rept. 104-487) [20MR]
Use of Capitol Grounds for Summer Olympics Torch Relay: Committee
on Transportation and Infrastructure (House) (H. Con. Res.
172) (H. Rept. 104-608) [6JN]
SPRATT, JOHN M., JR. (a Representative from South Carolina)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
Business and industry: ensure competitiveness of textile and
apparel industry (see H.R. 3654) [13JN]
Hazardous substances: improve accountability and safety of
hazardous waste facilities (see H.R. 4009, 4272) [2AU] [27SE]
Tariff: chemicals (see H.R. 4184) [25SE]
------para ethyl phenol (see H.R. 3728) [26JN]
Weapons: deployment policy for antiballistic missile systems (see
H.R. 3489) [16MY]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
SPRINGERVILLE, AZ
Bills and resolutions
Casa Malpais National Historic Landmark: authorize assistance (see
H.R. 3069) [12MR]
STAMPS
see Postage and Stamps
STANISLAUS COUNTY, CA
Bills and resolutions
Public lands: conveyance of certain lands (see H.R. 4088) [17SE]
STARK, FORTNEY PETE (a Representative from California)
Appointments
Conferee: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
Bills and resolutions introduced by
Health: establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
------require health plans to provide coverage of children (see
H.R. 4110) [18SE]
Medicare: allow use of parenteral nutrients for renal dialysis
treatments (see H.R. 4185) [25SE]
------coverage of outpatient parenteral antimicrobial therapy (see
H.R. 4190) [25SE]
------coverage of vancomycin home parenteral therapy (see H.R.
4189) [25SE]
------reduce part A enrollment premium for individuals not
receiving third party assistance (see H.R. 3591) [5JN]
------reduce payment for certain costs of acquiring organs for
transplant from organ procurement organizations (see H.R.
4022) [4SE]
------study of payments for instances where certain inpatient
services are replaced by outpatient services (see H.R. 4191)
[25SE]
Medicare/Medicaid: provide orientation and medical profiles for
enrollees and require health plans to assure child
immunizations (see H.R. 4160) [24SE]
------use of bankruptcy courts by suppliers and providers to
discharge claims and by professionals excluded from health
care programs seeking automatic stays from exclusion (see H.R.
4219) [26SE]
Mental health: national policy to provide health care coverage to
individuals with severe mental illnesses (see H.R. 4045)
[10SE]
Ships and vessels: removal of abandoned vessels (see H.R. 4010)
[2AU]
Social Security: self-referral requirements relative to hospitals
participating in Medicare and Medicaid programs (see H.R.
4100) [17SE]
Taxation: treatment of health coverage for certain workers who
leave employment (see H.R. 3342) [25AP]
Motions offered by
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103), conference report [1AU]
STATEN ISLAND, NY
see New York, NY
STATES
related term(s) Federal Aid Programs; National Guard
Bills and resolutions
Adoption: improve process (see H.R. 4255) [27SE]
Agriculture: allow interstate distribution of State-inspected meat
(see H.R. 3750) [27JN]
Air pollution: application of State regulations relative to
reformulated gasoline in certain areas (see H.R. 3518) [23MY]
------regulatory requirements relative to upwind nonattainment
areas (see H.R. 4339) [3OC]
Airports: participation in approval process of airport development
projects in neighboring States (see H.R. 3131) [20MR]
Alcoholic beverages: eliminate noncompliance penalties relative to
national minimum drinking age (see H.R. 3548) [29MY]
Arizona: acquisition by eminent domain of certain State trust
lands (see H.R. 3929) [31JY]
Bergen County, NJ: recovery of costs associated with the cleanup
of the Stepan Property Superfund Site (see H.R. 3319) [24AP]
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Children and youth: extend and improve programs for runaway and
homeless youth (see H.R. 3806) [12JY]
------require initial intake screenings and the use of youth
development specialists in Federal juvenile proceedings (see
H.R. 4055) [11SE]
Coins: establish circulating commemorative coin program
commemorating each State (see H.R. 3793) [11JY]
Community Services Block Grant Act: composition of boards of
community action agencies and nonprofit private organizations
(see H.R. 4254) [27SE]
Congress: consent for mutual aid agreement between the cities of
Bristol, VA, and Bristol, TN (see H.J. Res. 166) [21MR]
Courts: limit authority of judicial remedies to force State and
local governments to assess, levy, or collect taxes (see H.R.
3100) [14MR]
------residency requirement quotas for judges in each Federal
judicial circuit Court of Appeals (see H.R. 3045) [7MR]
------withhold Federal collateral remedies in State cases unless
inadequate State habeus corpus procedures are shown to exist
(see H.R. 2955) [1FE]
Crime: establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
------establish registration, tracking, and community notification
procedures relative to convicted sex offenders (see H. Con.
Res. 196) [10JY]
------interjurisdictional enforcement of protection orders and
redefinition of victims relative to stalking (see H.R. 2954,
2980) [1FE] [28FE]
------reduce certain funds if eligible States do not enact certain
laws (see H.R. 3243) [15AP]
------reform juvenile justice system, and promote youth
development and crime prevention programs (see H.R. 3445)
[10MY]
Crook County, WY: conveyance of U.S. Fish and Wildlife Service
lands to Wyoming (see H.R. 3579) [5JN]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
Dept. of Defense: assist the procurement of law enforcement
equipment for counterdrug activities by State and local
governments (see H.R. 2931) [1FE]
------sale of excess aircraft relative to suppression of wildfires
(see H.R. 4108) [18SE]
Dept. of HUD: withhold public housing assistance to State agencies
that impede eviction of a tenant (see H.R. 3865) [22JY]
Dept. of Veterans Affairs: revise ranking process of applicants
and limit awards to States for certain construction grants
(see H.R. 3722) [26JN]
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
Diseases: efforts to prevent transmission of HIV (see H.R. 3937)
[1AU]
District of Columbia: treatment of employees relative to
participation in political campaigns (see H.R. 3918) [30JY]
Drugs: control access to chemicals used in manufacturing
methamphetamine (see H.R. 3067) [12MR]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
Education: allow local jurisdictions flexibility in use of certain
funds (see H.R. 3135) [21MR]
------participation of local agencies in certain programs
independent of State involvement (see H.R. 3313) [24AP]
[[Page 3146]]
------provide interest subsidies for construction and renovation
of schools (see H.R. 4309) [28SE]
------reimburse for costs of educating certain illegal alien
students (see H.R. 4062, 4303) [12SE] [28SE]
------State funding for drug and violence prevention programs (see
H.R. 4016) [2AU]
Elections: clarify procedure for determining State population for
purposes of congressional apportionment (see H.R. 3589) [5JN]
Emergency Food Assistance Act: purchase of commodities using State
funds (see H.R. 3978) [2AU]
Emergency Management Assistance Compact: congressional consent
(see H.J. Res. 193) [17SE]
Employment: determination of tip credits relative to State and
local government laws (see H.R. 4031) [5SE]
------provide limited overtime exemption for emergency medical
services personnel (see H.R. 3212) [29MR]
EPA: distribution of funds to States for cooperative agreements
relative to underground storage tanks (see H.R. 3391) [2MY]
Families and domestic relations: child support enforcement (see
H.R. 3362, 3465) [30AP] [15MY]
Federal aid programs: deny community development block grants to
States that allow recovery of damages for injuries suffered in
the commission of a felony (see H.R. 3736) [27JN]
------improve program of block grants to States for temporary
assistance to needy families (see H.R. 4324) [28SE]
Federal employees: military uniform requirements for civilian
employees of the National Guard (see H.R. 3311) [24AP]
Federal grants: provide for drug testing projects (see H.R. 3778)
[10JY]
Federal-State relations: improve the effectiveness of financial
management and audits of State and local governments receiving
Federal assistance (see H.R. 3184) [28MR]
------prevent Federal interference relative to constitutional
authority (see H.R. 3411) [8MY]
Firearms: encourage States to regulate certain handguns and gather
information on guns used in crimes (see H.R. 4044) [10SE]
------standards for State concealed handgun carrying licenses (see
H.R. 3838) [17JY]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Gambling: grant jurisdiction to the States over activities
conducted on Native American lands (see H.R. 3289) [23AP]
Government: transfer certain surplus property to State and local
governments (see H.R. 3731) [27JN]
Government regulations: reduce Federal paperwork burden (H.R.
2715), consideration (see H. Res. 409) [23AP]
------reduce Federal paperwork burden relative to small businesses
(see H.R. 3607, 4033) [10JN] [5SE]
Hawaiian Homes Commission Act: amend (see H.J. Res. 192) [16SE]
Hazardous substances: transportation regulations relative to
agriculture and small businesses (see H.R. 4102) [18SE]
Health: establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
History: recognition of the heritage of certain areas of the U.S.
(see H.R. 3305) [24AP]
Housing: regulation of residential care facilities (see H.R. 2927)
[1FE]
------State authority to set rental occupancy standards (see H.R.
3385) [1MY]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Immigration: assist Attorney General in deportation of illegal
aliens (see H.R. 3062) [12MR]
Interstate Insurance Receivership Compact: congressional consent
(see H.J. Res. 189) [4SE]
Law enforcement officers: funding for the hiring of personnel who
perform nonadministrative services (see H.R. 2922) [31JA]
------reduce crime control assistance to States that do not
provide health benefits to officers retired by on-duty
injuries (see H.R. 2912) [31JA]
Local government: reduce postal rates for certain mailings
required by Federal and State regulations (see H.R. 4136)
[24SE]
Lotteries: provide information in advertising on odds of winning
(see H.R. 3010) [5MR]
Marriage: define and protect institution (see H.R. 3396) [7MY]
------define and protect institution (H.R. 3396), consideration
(see H. Res. 474) [10JY]
Medicaid: permit States to cover community-based attendant
services (see H.R. 4250) [27SE]
------State recovery of expenses from medical assistance programs
(see H.R. 2883) [25JA]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Motor vehicles: improve public education on proper use of child
safety restraint systems (see H.R. 4262) [27SE]
National Guard: authorize participation in drug interdiction
efforts (see H.R. 3524) [23MY]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
Northeast Interstate Dairy Compact: repeal consent of Congress
(see H.R. 3177, 4035) [27MR] [5SE]
Oregon: transfer of Oregon and California Railroad Grant Lands,
Coos Bay Military Wagon Road Grant Lands, and public domain
lands (see H.R. 3769) [10JY]
Pennsylvania: modification of State agreement under Social
Security relative to certain students (see H.R. 3450) [14MY]
Public welfare programs: ensure States have sufficient funds to
assure effectiveness of work requirements of certain programs
(see H.R. 3999) [2AU]
------treatment of legal immigrants (see H.R. 4122) [19SE]
Radioactive substances: authority for the disposal of low-level
radioactive waste (see H.R. 3394) [7MY]
Real estate: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
Redwood National Park: increase management efficiency through
cooperative agreements with California (see H.R. 3500) [21MY]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
Roads and highways: construction funding (see H.R. 3775) [10JY]
------increase number of State participants in the infrastructure
bank pilot program (see H.R. 3367) [30AP]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
Social Security: placement of children with adult relatives who
meet State child protection standards (see H.R. 3650) [13JN]
------prohibit certain misuses of account numbers (see H.R. 3598)
[6JN]
Solid waste: State control over disposal of solid waste imported
from other nations (see H.R. 4049) [11SE]
------State control over transportation of municipal solid waste
(S. 534), consideration (see H. Res. 349) [30JA]
Sports: regulations relative to relocation of professional teams
(see H.R. 3805) [12JY]
Taxation: contribution limits for certain pension plans (see H.R.
3209) [29MR]
------eliminate State requirement to pay unemployment compensation
on election worker services (see H.R. 3430) [9MY]
------establish intercity passenger rail service trust fund (see
H.R. 4106) [18SE]
------exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------extend the veterans' adjustable rate mortgage demonstration
project (see H.R. 3939) [1AU]
------modify the application of pension nondiscrimination rules to
governmental plans (see H.R. 4099) [17SE]
------permit States to make advanced earned income credit payments
(see H.R. 4197) [26SE]
------repeal income tax, abolish the IRS, and institute a national
retail sales tax (see H.R. 3039) [6MR]
------treatment of deferred compensation plans of State and local
governments (see H.R. 3316) [24AP]
------treatment of State tuition programs (see H.R. 3842) [17JY]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
------permit States to impose fees for providing air service to
small communities (see H.R. 2881) [25JA]
------transfer authority over highway programs and mass transit
programs to States (see H.R. 3840) [17JY]
Unemployment: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------emergency compensation (see H.R. 4263) [27SE]
Veterans: enforcement of reemployment rights (see H.R. 3538)
[29MY]
Volunteer workers: allow State and local government workers to
perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
Water: extend date for the transfer of certain amounts to be
available for drinking water State revolving funds (see H.R.
3902) [25JY]
------labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
Water pollution: State waivers from secondary treatment
requirements for certain ocean discharges (see H.R. 3299)
[23AP]
Waterways: ballast water management plans relative to prevention
of nonindigenous species introduction (see H.R. 3217, 4283)
[29MR] [28SE]
Motions
Marriage: define and protect institution (H.R. 3396) [12JY]
Reports filed
Congressional Consent for Mutual Aid Agreement Between the Cities
of Bristol, VA, and Bristol, TN: Committee on the Judiciary
(House) (H.J. Res. 166) (H. Rept. 104-705) [24JY]
Consideration of H.R. 2715, Paperwork Reduction Act Amendments:
Committee on Rules (House) (H. Res. 409) (H. Rept. 104-532)
[23AP]
Consideration of H.R. 3396, Defense of Marriage Act: Committee on
Rules (House) (H. Res. 474) (H. Rept. 104-666) [10JY]
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming: Committee on Resources (House) (H.R.
3579) (H. Rept. 104-711) [26JY]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Defense of Marriage Act: Committee on the Judiciary (House) (H.R.
3396) (H. Rept. 104-664) [9JY]
Distribution of EPA Funds to States for Cooperative Agreements
Relative to Underground Storage Tanks: Committee on Commerce
(House) (H.R. 3391) (H. Rept. 104-822) [24SE]
Effectiveness of Financial Management and Audits of State and
Local Governments Receiving Federal Assistance: Committee on
Government Reform and Oversight (House) (H.R. 3184) (H. Rept.
104-607) [6JN]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
Fan Freedom and Community Protection Act: Committee on the
Judiciary (House) (H.R. 2740) (H. Rept. 104-656) [8JY]
Interstate Stalking Punishment and Prevention Act: Committee on
the Judiciary (House) (H.R. 2980) (H. Rept. 104-557) [6MY]
[[Page 3147]]
Mercury-Containing and Rechargeable Battery Management Act:
Committee on Commerce (House) (H.R. 2024) (H. Rept. 104-530)
[23AP]
Paperwork Reduction Act Amendments: Committee on Small Business
(House) (H.R. 2715) (H. Rept. 104-520) [16AP]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
Review of Criminal Records of Applicants for Security Officer
Employment: Committee on the Judiciary (House) (H.R. 2092) (H.
Rept. 104-827) [24SE]
STATES RIGHTS ACT
Bills and resolutions
Enact (see H.R. 3548) [29MY]
STEARNS, CLIFF (a Representative from Florida)
Bills and resolutions introduced by
Bipartisan Commission on the Future of Medicare: establish (see
H.R. 3881) [23JY]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Dept. of Defense: allow military health care system beneficiaries
the option to enroll in Federal Employees Health Benefits
Program (see H.R. 3368, 3699) [30AP] [20JN]
Education: establish Role Models Academy for at-risk youths (see
H.R. 4161) [24SE]
Firearms: standards for State concealed handgun carrying licenses
(see H.R. 3838) [17JY]
Foreign trade: provide for the liquidation of certain frozen
concentrated orange juice entries (see H.R. 3705) [24JN]
George Washington University: anniversary (see H. Con. Res. 139)
[31JA]
Taxation: repeal the withholding of income taxes and require
individuals to pay estimated taxes on a monthly basis (see
H.R. 3343) [25AP]
STEEL INDUSTRY
see Iron and Steel Industry
STENHOLM, CHARLES W. (a Representative from Texas)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 2854, Agricultural Market Transition Act [14MR]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Motions offered by
Agriculture: improve operation of certain programs (H.R. 2854)
[29FE]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
STEUBENVILLE, OH
Bills and resolutions
Public lands: conveyance of a parcel of land under Corps of
Engineers' jurisdiction (see H.R. 4021) [4SE]
STOCK EXCHANGE
see Securities
STOCKMAN, STEVE (a Representative from Texas)
Bills and resolutions introduced by
Armed Forces: allow personal injury actions against military
health care professionals (see H.R. 4221) [26SE]
Capitol Building and Grounds: authorizing use of Grounds for
Washington for Jesus 1996 prayer rally (see H. Con. Res. 161,
166) [15AP] [18AP]
Clean Air Act: provide regulatory relief and preserve jobs (see
H.R. 3446) [10MY]
Taxation: treatment of tuition and related expenses relative to
nonpublic elementary and secondary education (see H.R. 4222)
[26SE]
Vietnam: release of Buddhist monks and civilians and Roman
Catholic monks and priests (see H. Con. Res. 179) [16MY]
STOCKS AND BONDS
see Securities
STOKES, CARL B.
Bills and resolutions
Carl B. Stokes U.S. Courthouse, Cleveland, OH: designate (see H.R.
4133) [24SE]
STOKES, LOUIS (a Representative from Ohio)
Appointments
Committee on Standards of Official Conduct (House) [23JY]
Conferee: H.R. 3019, continuing appropriations [21MR] [23AP]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
Motions offered by
Depts. of Veterans Affairs and HUD, and sundry independent
agencies: making appropriations (H.R. 3666) [26JN] [11SE]
STRATEGIC MATERIALS
related term(s) Gold; National Security
Bills and resolutions
Business and industry: arrange for the recovery and disposal of
helium on Federal lands (see H.R. 2906, 4168) [30JA] [25SE]
Taxation: treatment of certain accounts involved in the
acquisition of gold, silver, platinum, or palladium bullion
(see H.R. 3047) [7MR]
STRIKES
see Industrial Arbitration; Labor Unions
STUDDS, GERRY E. (a Representative from Massachusetts)
Bills and resolutions introduced by
Coast Guard: extend use of divers for search and rescue efforts
(see H.R. 4101) [17SE]
Fish and fishing: authorize certain disaster assistance to
commercial fishermen through State and local governments and
nonprofit organizations (see H.R. 2956) [1FE]
Health: establish a program for training in lifesaving first aid
for individuals experiencing cardiac arrest (see H.R. 3022)
[6MR]
Law enforcement officers: provide educational assistance to
dependents of Federal officials killed or disabled in the line
of duty (see H.R. 4111) [18SE]
Massachusetts: deauthorize a portion of the navigation project for
Weymouth-Fore and Town Rivers (see H.R. 2957) [1FE]
STUDENTS
see Education
STUMP, BOB (a Representative from Arizona)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
American Battle Monuments Commission: repair and maintenance of
war memorials (see H.R. 3673) [19JN]
Arizona: acquisition by eminent domain of certain State trust
lands (see H.R. 3929) [31JY]
Dept. of Veterans Affairs: authorize medical facility projects and
leases (see H.R. 3376) [1MY]
James H. Quillen VA Medical Center, Johnson City, TN: designate
(see H.R. 3320) [25AP]
National cemeteries: clarify eligibility of certain minors for
burial (see H.R. 2850) [4JA]
Social Security: Medicare reimbursement to Military Health
Services System (see H.R. 4068) [12SE]
Veterans: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
------eligibility for training and rehabilitation assistance and
transfer of certain educational assistance authority (see H.R.
3674) [19JN]
------improve administration of life insurance programs (see H.R.
2843) [4JA]
------reform and improve eligibility for medical care and services
(see H.R. 3118) [20MR]
Veterans' Claims Adjudication Commission: extend time for
submission of final report (see H.R. 3495) [21MY]
Reports filed
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
Repair and Maintenance of War Memorials by the American Battle
Monuments Commission: Committee on Veterans Affairs (House)
(H.R. 3673) (H. Rept. 104-649) [27JN]
Veterans Benefits Decision Revisions Based on Clear and
Unmistakable Error: Committee on Veterans Affairs (House)
(H.R. 1483) (H. Rept. 104-571) [10MY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
Veterans' Programs and Benefits Improvements: Committee on
Veterans Affairs (House) (H.R. 3373) (H. Rept. 104-572) [10MY]
STUPAK, BART (a Representative from Michigan)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Coast Guard: conveyance of Presque Isle Light Station, MI (see
H.R. 3344) [25AP]
------conveyance of St. Helena Island Light Station, MI (see H.R.
3278) [18AP]
House Rules: reduce number of programs covered by appropriation
bills (see H. Res. 476) [11JY]
Law enforcement officers: issue postage stamp in commemoration of
officers killed in the line of duty (see H. Con. Res. 210)
[2AU]
Pictured Rocks National Lakeshore: authorize improvements to a
county road and prohibit construction of a scenic shoreline
drive (see H.R. 2958) [1FE]
Roads and highways: participation by certain officials in
statewide planning processes (see H.R. 3227) [29MR]
Sleeping Bear Dunes National Lakeshore: permit certain persons to
continue to use and occupy certain areas (see H.R. 3970, 4023)
[2AU] [4SE]
Motions offered by
Safe Drinking Water Act: amend (S. 1316) [17JY]
SUBWAYS
see Common Carriers
SUDAN, REPUBLIC OF THE
Bills and resolutions
Human rights: prohibit foreign aid or arms transfers until
elimination of chattel slavery (see H.R. 3766) [9JY]
SUFFOLK COUNTY, NY
Reports filed
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
SUITLAND, MD
Bills and resolutions
W. Edwards Deming Federal Building: designate (see H.R. 3535)
[23MY]
Reports filed
W. Edwards Deming Federal Building, Suitland, MD: Committee on
Transportation and Infrastructure (House) (H.R. 3535) (H.
Rept. 104-780) [10SE]
SUNBURY, OH
Bills and resolutions
Flagville, U.S.A.: designate (see H.J. Res. 185) [18JY]
SUPERFUND
see Hazardous Substances
SUPREME COURT
related term(s) Courts
Bills and resolutions
Constitutional amendments: limit judicial authority (see H.J. Res.
167) [21MR]
Federal courts: improve operation and administration (see H.R.
4314) [28SE]
Law enforcement officers: extend authority of the Marshal of the
Supreme Court and the Supreme Court Police (see H.R. 4164)
[25SE]
SURVEYING
related term(s) Land Use
Reports filed
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys:
[[Page 3148]]
Committee on Resources (House) (H.R. 2135) (H. Rept. 104-755)
[4SE]
SWAIN COUNTY, NC
Bills and resolutions
Courts: settlement of claims against the Federal Government (see
H.R. 4112) [18SE]
SWITZERLAND
Bills and resolutions
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
SYNAGOGUES
see Churches and Synagogues
SYRIA, ARAB REPUBLIC OF
Bills and resolutions
Foreign trade: most-favored-nation status relative to Iran, Iraq,
Libya, and Syria (see H.R. 3890) [24JY]
Lebanon: withdrawal of Syrian military (see H. Con. Res. 190)
[19JN]
TAIWAN
see China, Republic of
TALENT, JAMES M. (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Constitutional amendments: limit judicial authority (see H.J. Res.
167) [21MR]
Government: establish uniform accounting systems, standards, and
reporting systems (see H.R. 4061) [11SE]
TAMPA, FL
Bills and resolutions
Sam M. Gibbons U.S. Courthouse: designate (see H.R. 3710) [25JN]
TANNER, JOHN S. (a Representative from Tennessee)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
Bills and resolutions introduced by
Families and domestic relations: enhance work opportunities for
families, reduce teenage pregnancies, reduce welfare
dependence, and control welfare spending (see H.R. 3266)
[17AP]
Public welfare programs: reform (see H.R. 3832) [17JY]
------reform (H.R. 2915), consideration (see H. Res. 425) [6MY]
Motions offered by
Budget: reconciliation of the concurrent resolution (H.R. 3734)
[18JY]
Public welfare programs: reform (H.R. 3734) [18JY]
TARIFF
related term(s) Foreign Trade
Bills and resolutions
Canada: limit imports of wool apparel (see H.R. 4338) [1OC]
Certain industrial nylon fabrics (see H.R. 4150) [24SE]
Certain iron and steel pipe and tube products (see H.R. 3255)
[16AP]
Certain silver and gold bars (see H.R. 3615) [11JN]
Chemicals (see H.R. 4184) [25SE]
China, People's Republic of: increased tariffs relative to
intellectual property rights (see H.R. 3421) [8MY]
Customs Service: refund anti-dumping duty deposits relative to
certain imported orange juice (see H.R. 3922) [30JY]
DEMT (see H.R. 4057) [11SE]
Desmedipham (see H.R. 3438) [10MY]
Duty-free treatment of certain materials used in the Gemini
Telescope Project (see H.R. 3516, 3951) [22MY] [2AU]
Ethofumesate (see H.R. 3440) [10MY]
Fireworks (see H.R. 2895) [25JA]
Footwear (see H.R. 2890) [25JA]
Foreign trade: provide for the liquidation of certain frozen
concentrated orange juice entries (see H.R. 3705) [24JN]
------treatment of exports to countries identified as state
sponsors of terrorism (see H.R. 3109) [19MR]
Fresh cut Colombian flowers (see H. Res. 452) [12JN]
Fybrel [SWP] (see H.R. 3254) [16AP]
Golf clubs and golf club components (see H.R. 4240) [27SE]
HIV protease inhibitor chemicals (see H.R. 3977) [2AU]
Lead fuel test assemblies (see H.R. 3499) [21MY]
Liquidation or reliquidation of certain entries (see H.R. 3823)
[16JY]
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
Para ethyl phenol (see H.R. 3728) [26JN]
Pharmaceutical-grade phospholipids (see H.R. 4273) [27SE]
Phenmedipham (see H.R. 3439) [10MY]
Plastic web sheeting (see H.R. 4003) [2AU]
Scientific instruments and apparatus (see H.R. 3952) [2AU]
Skis and snowboards (see H.R. 4212) [26SE]
Tetraamino biphenyl (see H.R. 2870) [23JA]
2,2-dichlorophenylacetic acid ethyl ester (DCPAE) (see H.R. 3025)
[6MR]
2-amino-3-chlorobenzoic acid, methyl ester (see H.R. 2889) [25JA]
Water resistant wool trousers (see H.R. 3718) [25JN]
Wheat gluten (see H.R. 4053) [11SE]
Reports filed
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
TATE, RANDY (a Representative from Washington)
Bills and resolutions introduced by
Correctional institutions: reform Federal prisons (see H.R. 3490,
3655) [16MY] [13JN]
Fort Lewis, WA: land exchange with Weyerhaeuser Real Estate Co.
(see H.R. 2859) [5JA]
Freedom of Information Act: provide public access in an electronic
format (see H.R. 3802) [12JY]
Immigration: permanent exclusion for aliens removed from the U.S.
as illegal entrants or immigration violators (see H.R. 2898)
[25JA]
Members of Congress: deny Federal retirement annuities to Members
convicted of felonies (see H.R. 3447, 4011) [10MY] [2AU]
Taxation: treatment of production of alcohol for fuel use (see
H.R. 3345) [25AP]
TAUZIN, W.J. (BILLY) (a Representative from Louisiana)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Public utilities: revision of the regulatory policies governing
public utility holding companies (see H.R. 3601) [6JN]
Regent Rainbow (vessel): certificate of documentation (see H.R.
4078) [12SE]
United Houma Nation: Federal recognition and settlement of land
claims (see H.R. 3671) [18JN]
TAXATION
Appointments
Conferees: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3448, Small Business Job Protection Act [26JY]
National Commission on Restructuring the IRS [22MY]
Bills and resolutions
Adoption: treatment of expenses (see H.R. 3286) [23AP]
------treatment of expenses (H.R. 3286), consideration (see H.
Res. 428) [7MY]
Agricultural Market Transition Act: treatment of transitional
payments (see H.R. 3559) [30MY]
Agriculture: issuance of tax-exempt bonds to finance first-time
farmers' loans (see H.R. 3251) [16AP]
------study of risk management fund accounts for farm owners and
operators (see H.R. 2905) [30JA]
------treatment of certain equipment (see H.R. 2887) [25JA]
------treatment of crops destroyed by casualty (see H.R. 3749)
[27JN]
------use of income averaging for farmers (see H.R. 3783) [11JY]
Alcoholic beverages: reduce rates for certain wines (see H.R.
3889) [24JY]
------treatment of advertising expenses (see H.R. 3478) [16MY]
------treatment of beer (see H.R. 3817, 3997) [16JY] [2AU]
Alternative minimum tax: application to installment sales of farm
property (see H.R. 4072) [12SE]
Armed Forces: treatment of members performing services in Bosnia
and Herzegovina (see H.R. 2879) [25JA]
------treatment of members performing services in Somalia (see
H.R. 4179) [25SE]
Arts and humanitites: treatment of unemployment tax relative to
entertainment industry (see H.R. 3677) [19JN]
Aviation: excise taxes relative to Airport and Airway Trust Fund
expenditures (see H.R. 4206) [26SE]
Budget: reform process (see H.R. 4285) [28SE]
Business and industry: allow companies to donate scientific
equipment to schools (see H.R. 3498) [21MY]
------credits for employers for costs incurred to combat violence
against women (see H.R. 3584) [5JN]
------discourage relocation to foreign countries and encourage
creation of new jobs (see H.R. 3252) [16AP]
------increase child care credit and eliminate the exclusion of
certain income relative to foreign sales corporations (see
H.R. 3332) [25AP]
------reduce certain benefits allowable to profitable, large
corporations that make workforce reductions (see H.R. 3333)
[25AP]
------reduce Federal subsidies and strengthen tax treatment of
individuals who renounce their citizenship (see H.R. 4122)
[19SE]
------treatment of certain depreciable business assets (see H.R.
3124, 3329) [20MR] [25AP]
------treatment of interest on deficiencies attributable to
certain partnership items (see H.R. 4256) [27SE]
------treatment of tax free corporate liquidations and receipt of
debt-financed property in such a liquidation (see H.R. 4243)
[27SE]
Capital gains: exclude from gross income (see H.R. 2861) [5JA]
Chemicals: suspension of tax on ozone-depleting chemicals used as
propellants in metered-dose inhalers (see H.R. 3416) [8MY]
Churches and synagogues: clarify restrictions on the lobbying and
campaign activities of churches (see H.R. 2910) [31JA]
Computers: treatment of software (see H.R. 4169) [25SE]
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue (see
H.J. Res. 159) [1FE]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (see H. Res. 395) [29MR]
------constitutional amendment to require a two-thirds majority on
the passage of legislation increasing revenue (see H.J. Res.
169) [28MR]
Constitutional amendments: abolish Federal income tax (see H.J.
Res. 176) [24AP]
Contracts: establish limitations on taxpayer-financed compensation
for defense contractors (see H.R. 3512) [22MY]
Corporations: improve disclosure of charitable contributions (see
H.R. 3272) [18AP]
------require shareholders views relative to charitable
contributions (see H.R. 3273) [18AP]
------treatment (see H.R. 3102) [14MR]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
Courts: limit authority of judicial remedies to force State and
local governments to assess, levy, or collect taxes (see H.R.
3100) [14MR]
Disasters: exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
[[Page 3149]]
------provide windstorm insurance to certain property owners and
require study relative to taxation of insurance reserves for
future natural disasters (see H.R. 4115) [19SE]
District of Columbia: treatment of residents (see H.R. 3244, 4155)
[15AP] [24SE]
Ecology and environment: allow credit for cleanup of contaminated
industrial sites (see H.R. 2846, 4200) [4JA] [26SE]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
Economy: require use of dynamic economic modeling in the
preparation of estimates of proposed changes in Federal
revenue law (see H. Con. Res. 170) [2MY]
Education: treatment of educational grants by private foundations
(see H.R. 3737) [27JN]
------treatment of higher education expenses (see H.R. 3245, 4323)
[15AP] [28SE]
------treatment of State tuition programs (see H.R. 3842) [17JY]
------treatment of tuition and related expenses relative to
nonpublic elementary and secondary education (see H.R. 4222)
[26SE]
Employment: apply denial of deduction for excessive employee
compensation to all employees (see H.R. 4124) [19SE]
------determination of tip credits relative to State and local
government laws (see H.R. 4031) [5SE]
------employer credits for expenses of providing dependent care
services to employees (see H.R. 2985) [28FE]
------provide for retirement savings and security (see H.R. 3520,
3708) [23MY] [25JN]
------repeal the withholding of income taxes and require
individuals to pay estimated taxes on a monthly basis (see
H.R. 3343) [25AP]
------treatment of elected tax collectors (see H.R. 4301) [28SE]
------treatment of individual training accounts (see H.R. 3157)
[22MR]
------treatment of worker retraining expenditures (see H.R. 2998)
[29FE]
Endangered species: incentives for conservation (see H.R. 3811)
[12JY]
Families and domestic relations: child support enforcement (see
H.R. 3529) [23MY]
------child tax credits and deductions for taxpayers with whom a
parent or grandparent resides (see H.R. 3984) [2AU]
------dependent care tax credit (see H.R. 4154) [24SE]
Federal Water Pollution Control Act: treatment of certain Federal
grants (see H.R. 2960) [1FE]
Firearms: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
Frequent flyer mileage awards: treatment (see H.R. 3111) [19MR]
Gambling: treatment of organizations that conduct certain games of
chance (see H.R. 4157) [24SE]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (see H. Res. 524,
531) [19SE] [24SE]
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
Government: improve debt-collection and credit evaluation
practices (see H.R. 3809) [12JY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (see H.R. 3448)
[14MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration (see H. Res. 440) [21MY]
------provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448),
consideration of conference report (see H. Res. 503) [1AU]
------reduce spending and regulatory programs (see H. Con. Res.
193) [27JN]
Government regulations: require income tax instructions provide
explanation of laws relative to a balanced budget (see H.R.
2884) [25JA]
Health: assure continued health insurance coverage of retired
workers (see H.R. 4052) [11SE]
------establish State and community assistance programs for
providers of health care services and maintenance of safety
net hospital infrastructure (see H.R. 4075) [12SE]
------improve rehabilitation programs for disabled individuals
(see H.R. 4230) [27SE]
------national policy to provide health care and reform insurance
procedures (see H.R. 3063, 3103) [12MR] [18MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration (see H. Res. 392) [27MR]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), consideration of conference report
(see H. Res. 500, 502) [31JY] [1AU]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
------protection of enrollees in managed care plans and HMOs (see
H.R. 4220) [26SE]
------treatment of biomedical research funds (see H.R. 3624)
[12JN]
------treatment of health coverage for certain workers who leave
employment (see H.R. 3342) [25AP]
------treatment of health insurance relative to health status of
individual (see H.R. 3043) [7MR]
------treatment of long-term health care insurance (see H.R. 3381)
[1MY]
Health care facilities: treatment of recreational fitness services
and facilities in certain hospitals (see H.R. 3801) [12JY]
Housing: treatment of sale and subsequent purchase of principal
residences (see H.R. 3035) [6MR]
Hydroelectric power: treatment of Federal employees at a
hydroelectric facility located on the Columbia River (see H.R.
3163) [26MR]
Income: allow individuals to designate a portion of their income
tax refunds to the Government for certain purposes (see H.R.
3218) [29MR]
------reform and rename the earned income tax credit (see H.R.
3441) [10MY]
------treatment of capital gains and losses on the sale of a
principal residence (see H.R. 4231) [27SE]
------treatment of capital gains on the sale of a principal
residence (see H.R. 3570) [4JN]
------treatment of capital losses on sale or exchange of a
principal residence (see H.R. 3693) [20JN]
------treatment of charitable contributions (see H.R. 4238) [27SE]
------treatment of deferred compensation plans of State and local
governments (see H.R. 3316) [24AP]
------treatment of families and children (see H.R. 3943) [1AU]
------treatment of income of certain election officials and
workers (see H.R. 3306, 3451) [24AP] [14MY]
------treatment of severance payments (see H.R. 2999) [29FE]
------treatment of tips (see H.R. 3667) [18JN]
------treatment of unearned income (see H.R. 3042) [7MR]
------treatment relative to cash method of accounting (see H.R.
3126) [20MR]
Individual retirement accounts: use for post-secondary education
or job retraining expenses (see H.R. 4334) [30SE]
Insurance: credits for health insurance premiums of employees
without employer-provided health coverage (see H.R. 4176)
[25SE]
------treatment of financial guaranty insurance (see H.R. 3703)
[24JN]
Investments: credit for business investments in economically
distressed areas (see H.R. 2847) [4JA]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of certain accounts involved in the acquisition of
gold, silver, platinum, or palladium bullion (see H.R. 3047)
[7MR]
------treatment of certain capital gains deposited in individual
retirement accounts (see H.R. 3550) [29MY]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
------treatment of individual retirement accounts (see H.R. 4311)
[28SE]
------treatment of investment tax credits (see H.R. 2983) [28FE]
IRS: clarify the reasonable cause exception from penalties for
failure to file returns or to pay taxes (see H.R. 3137) [21MR]
------recognize qualified delivery services in addition to the
Postal Service for purposes of timely filing of tax documents
(see H.R. 3086) [14MR]
Legal expenses: treatment relative to sexual harassment suits (see
H.R. 3530) [23MY]
Libraries: refundable credit for the contribution of books (see
H.R. 3979) [2AU]
Line-item veto: expand the definition of limited tax benefits (see
H.R. 3566) [4JN]
Motor vehicles: application of retail tax relative to certain
heavy duty trucks and trailers (see H.R. 4090) [17SE]
Natural gas: provide equivalent rates on liquefied natural gas and
compressed natural gas (see H.R. 3315) [24AP]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
Pensions: contribution limits for certain plans (see H.R. 3209)
[29MR]
------increase contributions for defined plans (see H.R. 3965)
[2AU]
------modify the application of nondiscrimination rules to
governmental plans (see H.R. 4099) [17SE]
------promote availability of private pensions (see H.R. 4005)
[2AU]
Petroleum: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
------transfer gasoline tax revenues to transportation trust funds
(see H.R. 3372, 3384) [1MY]
Power resources: incentives to encourage domestic production of
oil and gas (see H.R. 3410) [7MY]
------treatment of production of alcohol for fuel use (see H.R.
3345) [25AP]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
Project for American Renewal: implement (see H.R. 3716) [25JN]
Provisions: extend certain expiring provisions (see H.R. 2994)
[29FE]
Public debt: provide that individuals entitled to payments from
the Government may designate those payments for deficit
reduction (see H.R. 3998) [2AU]
Public housing: application of low-income housing credit on units
assigned to certain single parents (see H.R. 3503) [22MY]
Railroads: establish intercity passenger rail service trust fund
(see H.R. 4106) [18SE]
Real estate: tax credit for transfer of certain property for
conservation purposes (see H.R. 4201) [26SE]
Recycling: refundable income credit to businesses which recycle
office wastes (see H.R. 3955) [2AU]
Renewal communities: provide incentives for investment (see H.R.
3467) [16MY]
Research: treatment of research credits (see H.R. 2984) [28FE]
Revenues: repeal income tax, abolish the IRS, and institute a
national retail sales tax (see H.R. 3039) [6MR]
SEC: funding for reduction of fees (see H.R. 2972) [27FE]
Securities: repeal special limitations on tax-exempt bond issues
(see H.R. 2864) [23JA]
Small business: allow credit for family and medical leave and for
wages of employees who work at home to reduce child care needs
(see H.R. 3836) [17JY]
[[Page 3150]]
------establish labor and tax provisions (see H.R. 4252) [27SE]
------exempt from use of electronic fund transfer system for
depository taxes (see H.R. 4251) [27SE]
------increase deductions for health insurance costs of self-
employed individuals (see H.R. 3330) [25AP]
------tax treatment (see H.R. 2911) [31JA]
Social Security: allow diversion of percentage of payroll tax
payments into personal investment plans (see H.R. 2953) [1FE]
------deductibility of the old-age, survivors, and disability
insurance taxes paid by employees and self-employed
individuals (see H.R. 3427) [9MY]
------reduce taxation rates and corresponding old-age insurance
benefits, and provide for individual Social Security
retirement accounts (see H.R. 2952) [1FE]
------reform Federal old age, survivors, and disability insurance
benefits (see H.R. 3758) [9JY]
------treatment (see H.R. 2971) [23FE]
------treatment of qualified long-term care services (see H.R.
3585) [5JN]
States: advanced earned income credit payments (see H.R. 4197)
[26SE]
------eliminate requirement to pay unemployment compensation on
election worker services (see H.R. 3430) [9MY]
------establishment of health insurance systems for temporarily
unemployed individuals (see H.R. 3092) [14MR]
Tax-exempt organizations: clarify restrictions on lobbying
expenditures (see H.R. 3240) [15AP]
Telephones: impose fees for the allocation of toll-free phone
numbers (see H. Con. Res. 175) [10MY]
Tobacco products: treatment of advertising expenses (see H.R.
2962) [6FE]
Transportation: transfer authority over highway programs and mass
transit programs to States (see H.R. 3840) [17JY]
U.N.: prohibit U.S. contributions relative to U.N. attempts at
taxing or charging fees to U.S. citizens (see H.R. 2867)
[23JA]
Unemployment: permit penalty-free withdrawals from certain
retirement accounts by unemployed individuals (see H.R. 3807)
[12JY]
Value-added tax: replace individual and corporate income taxes,
Social Security, and Medicare taxes (see H.R. 4050) [11SE]
Veterans: eliminate double taxation of lump sum separation
benefits and compensation for a service-connected disability
(see H.R. 3183) [28MR]
------extend adjustable rate mortagage demonstration project (see
H.R. 3939) [1AU]
------treatment of reemployment rights (see H.R. 3104) [18MR]
Conference reports
Health Insurance Portability and Accountability Act (H.R. 3103)
[31JY]
Small Business Job Protection Act (H.R. 3448) [1AU]
Messages
Caribbean Basin Economic Recovery Act: President Clinton [2OC]
Retirement Savings and Security Act: President Clinton [23MY]
Small Business and Competition: President Clinton [5JN]
Supplementary Social Security Agreement Between the U.S. and
Austria: President Clinton [20MY]
Motions
Congress: constitutional amendment to require a three-fifths
majority on the passage of legislation increasing revenue
(H.J. Res. 159) [15AP]
------constitutional amendment to require a three-fifths majority
on the passage of legislation increasing revenue (H.J. Res.
159), consideration (H. Res. 395) [15AP]
Gephardt, Representative: investigation by independent counsel
relative to certain financial transactions (H. Res. 524)
[19SE]
------investigation by independent counsel relative to certain
financial transactions (H. Res. 531) [24SE]
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
Government: provide tax relief for small businesses, protect jobs,
increase net pay, and create job opportunities (H.R. 3448)
[26JY]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103) [28MR] [11JN]
------national policy to provide health care and reform insurance
procedures (H.R. 3103), conference report [1AU]
Petroleum: gasoline tax (H.R. 3415) [21MY]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
------Committee on Ways and Means (House) (H.R. 3286) (H. Rept.
104-542) [6MY]
Consideration of Conference Report on H.R. 3103, Health Insurance
Portability and Accountability Act: Committee on Rules (House)
(H. Res. 500) (H. Rept. 104-735) [31JY]
------Committee on Rules (House) (H. Res. 502) (H. Rept. 104-738)
[1AU]
Consideration of Conference Report on H.R. 3448, Small Business
Job Protection Act: Committee on Rules (House) (H. Res. 503)
(H. Rept. 104-739) [1AU]
Consideration of H.J. Res. 159, Require a Three-Fifths Majority on
the Passage of Legislation Increasing Revenue: Committee on
Rules (House) (H. Res. 395) (H. Rept. 104-513) [29MR]
Consideration of H.R. 3103, Health Insurance Portability and
Accountability Act: Committee on Rules (House) (H. Res. 392)
(H. Rept. 104-501) [27MR]
Consideration of H.R. 3286, Adoption Promotion and Stability Act:
Committee on Rules (House) (H. Res. 428) (H. Rept. 104-566)
[7MY]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Consideration of H.R. 3448, Small Business Job Protection Act:
Committee on Rules (House) (H. Res. 440) (H. Rept. 104-590)
[21MY]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
Health Insurance Portability and Accountability Act: Committee of
Conference (H.R. 3103) (H. Rept. 104-736) [31JY]
------Committee on Ways and Means (House) (H.R. 3103) (H. Rept.
104-496) [25MR]
Safeguard Taxpayer Rights: Committee on Ways and Means (House)
(H.R. 2337) (H. Rept. 104-506) [28MR]
SEC Appropriations and Reduction of Fees: Committee on Commerce
(House) (H.R. 2972) (H. Rept. 104-479) [12MR]
Small Business Job Protection Act: Committee of Conference (H.R.
3448) (H. Rept. 104-737) [1AU]
------Committee on Ways and Means (House) (H.R. 3448) (H. Rept.
104-586) [20MY]
Tax Treatment of Military Income Derived From Services Performed
During a Contingency Operation: Committee on Ways and Means
(House) (H.R. 2778) (H. Rept. 104-465) [29FE]
TAX-EXEMPT ORGANIZATIONS
related term(s) Nonprofit Organizations
Bills and resolutions
Gingrich, Representative: investigation by independent counsel
relative to GOPAC (see H. Res. 468) [27JN]
------release of independent counsel report relative to GOPAC (see
H. Res. 526, 532) [19SE] [24SE]
Taxation: clarify restrictions on the lobbying and campaign
activities of churches (see H.R. 2910) [31JA]
------exempt status for State agencies created to provide
earthquake insurance for homeowners (see H.R. 3605) [10JN]
------treatment of educational grants by private foundations (see
H.R. 3737) [27JN]
Motions
Gingrich, Representative: release of independent counsel report
relative to GOPAC (H. Res. 526) [19SE]
------release of independent counsel report relative to GOPAC (H.
Res. 532) [24SE]
TAXIS
see Common Carriers; Motor Vehicles
TAYLOR, CHARLES H. (a Representative from North Carolina)
Appointments
Conferee: H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions introduced by
FCC: require promotion of sharing of broadcasting tower facilities
(see H.R. 3945) [1AU]
Swain County, NC: settlement of claims against the Federal
Government (see H.R. 4112) [18SE]
Water: labeling requirements for bottled drinking water (see H.R.
3944) [1AU]
TAYLOR, GENE (a Representative from Mississippi)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Favre, Brett: National Football League Most Valuable Player Award
recipient (see H. Res. 339) [5JA]
TEA IMPORTATION ACT
Bills and resolutions
Board of Tea Experts: abolish (see H.R. 2969) [23FE]
------abolish (S. 1518), return to Senate (see H. Res. 387) [21MR]
Reports filed
Board of Tea Experts Abolishment: Committee on Commerce (House)
(H.R. 2969) (H. Rept. 104-467) [8MR]
------Committee on Ways and Means (House) (H.R. 2969) (H. Rept.
104-467) [4MR]
TEACHERS
see Education
TEAMWORK FOR EMPLOYEES AND MANAGERS ACT
Messages
Veto of H.R. 743, Provisions: President Clinton [30JY]
TECHNICAL ASSISTANCE
see Foreign Aid
TECHNOLOGY
related term(s) Electronics; Research; Science
Bills and resolutions
Business and industry: acquisition of domestically-developed
technology by U.S. companies (see H. Con. Res. 202) [25JY]
------arrange for the recovery and disposal of helium on Federal
lands (see H.R. 2906, 4168) [30JA] [25SE]
------competitiveness of the electronic inter-connections industry
(see H. Res. 537) [25SE]
Computers: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
------use, sale, and export of encryption products for privacy and
security (see H.R. 3011) [5MR]
Congress: increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
Crime: prohibit certain uses of computers in the furtherance of
crimes (see H.R. 4095) [17SE]
Dept. of Defense: procurement of aircraft landing gear
manufactured and assembled in the U.S. (see H.R. 3171) [27MR]
Dept. of Energy: authorize hydrogen research, development, and
demonstration programs (see H.R. 4138) [24SE]
Ecology and environment: development and use of new environmental
monitoring technology (see H.R. 3906) [25JY]
Education: improve quality of technical education in manufacturing
and vocational technologies (see H.R. 3191) [28MR]
------promote science and technology (see H.R. 3709) [25JN]
------recognize businesses that participate with schools to
enhance the teaching and use of technology (see H.R. 3921)
[30JY]
FAA: authorize research, engineering, and development programs
(see H.R. 3484) [16MY]
[[Page 3151]]
FDA: approval process and development of new drugs and biological
products (see H.R. 3199) [29MR]
Financial institutions: enhance surveillance pictures for use in
criminal prosecutions (see H.R. 3533) [23MY]
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3516, 3951) [22MY]
[2AU]
------prevent intellectual property piracy of databases (see H.R.
3531) [23MY]
Fund for Rural America: develop and promote precision agriculture
technologies (see H.R. 4305) [28SE]
Health: limitations on disclosure and use of genetic information
(see H.R. 3477, 3482) [16MY]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
House Rules: provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
Insurance: prohibit use of genetic information in determining
coverage or premiums (see H.R. 4008) [2AU]
Marine resources: development of technology for recovery of
minerals from the ocean seabed (see H.R. 3249) [16AP]
Motor vehicles: use of bar encoding to facilitate identification
and recovery of stolen vehicles (see H.R. 4279) [28SE]
National Institute of Biomedical Imaging: establish (see H.R.
4196) [26SE]
National Institute of Justice: designate as focal point for law
enforcement technology programs (see H. Con. Res. 227) [27SE]
NetDay96: tribute (see H. Res. 521) [12SE]
Pharmaceuticals: reinstate reasonable pricing requirements for
drugs developed with Federal funding or research and establish
minimum levels of research reinvestment for drug manufacturers
(see H.R. 4270) [27SE]
Railroads: improve rail transportation safety (see H.R. 3106,
3578) [18MR] [5JN]
Schools: maximize use of available technology (see H.R. 4180)
[25SE]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
------authorizing appropriations for Federal civilian science
activities (H.R. 3322), consideration (see H. Res. 427) [7MY]
Small business: extend the Small Business Technology Transfer
Program (see H.R. 3158) [25MR]
Tariff: scientific instruments and apparatus (see H.R. 3952) [2AU]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
------treatment of research credits (see H.R. 2984) [28FE]
Telecommunications: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
------reform policies regulating competition (S. 652),
consideration of conference report (see H. Res. 353) [31JA]
Terrorism: develop technologies to combat (see H.R. 3960) [2AU]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Conference reports
Telecommunications Act (S. 652) [31JA]
Messages
Corp. for Public Broadcasting: President Clinton [9JY]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
NSF Report: President Clinton [22MY]
Science and Engineering Indicators--1996: President Clinton [15MY]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Consideration of H.R. 3322, Federal Civilian Science Activities
Appropriations: Committee on Rules (House) (H. Res. 427) (H.
Rept. 104-565) [7MY]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Small Business Technology Transfer Program: Committee on Small
Business (House) (H.R. 3158) (H. Rept. 104-850) [26SE]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
Water Desalinization Research and Development Act: Committee on
Resources (House) (S. 811) (H. Rept. 104-790) [16SE]
Year 2000 Computer Software Conversion--Summary of Oversight
Findings and Recommendations: Committee on Government Reform
and Oversight (House) (H. Rept. 104-857) [27SE]
TECUMSEH (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3701) [20JN]
TEJEDA, FRANK (a Representative from Texas)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Dept. of Defense: repeal certain limitations on the operation of
depots (see H.R. 2852) [5JA]
Veterans: make permanent alternative teacher certification
programs (see H.R. 2868) [23JA]
TELECOMMUNICATIONS
related term(s) Public Broadcasting
Bills and resolutions
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Civil liberties: protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
Computers: protection of freedom of speech on-line and on the
Internet (see H.R. 3606) [10JN]
------provide parental control of child access to online services
(see H.R. 3089) [14MR]
------regulate use of personal information obtained by interactive
computer services (see H.R. 4113, 4299, 4326) [18SE] [28SE]
------restrict transmission of obscene or indecent material to
minors by computer (see H.R. 3606) [10JN]
------transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
------use, sale, and export of encryption products for privacy and
security (see H.R. 3011) [5MR]
Congress: increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
Consumers: imposition of additional fees for use of certain
automatic teller machines utilizing a national or regional
network (see H.R. 3221, 3246) [29MR] [15AP]
------notification of additional fees for use of certain automatic
teller machines utilizing a national or regional network (see
H.R. 3727) [26JN]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
------reform (see H.R. 3957) [2AU]
------require promotion of sharing of broadcasting tower
facilities (see H.R. 3945) [1AU]
------revise television station ownership rules relative to local
marketing agreements (see H.R. 3623) [12JN]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Government regulations: reform policies regulating competition (S.
652), consideration of conference report (see H. Res. 353)
[31JA]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
House Rules: provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
Medicare: demonstration project to improve the quality and cost-
effectiveness of telemedicine and medical informatic networks
(see H.R. 4268) [27SE]
National Telecommunications and Information Administration: report
on hate speech relative to the Internet (see H.R. 3781) [10JY]
NetDay96: tribute (see H. Res. 521) [12SE]
OMB: establish electronic data reporting standards (see H.R. 3869)
[23JY]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Radio: utilization of volunteer workers relative to amateur radio
service (see H.R. 3207) [29MR]
Religion: protect sanctity of religious communications (see H.R.
3571) [4JN]
Rural areas: availability of universal service relative to Native
Americans and Alaskan natives (see H. Res. 556) [2OC]
Taxation: exempt certain small businesses from use of electronic
fund transfer system for depository taxes (see H.R. 4251)
[27SE]
Telephones: impose fees for the allocation of toll-free phone
numbers (see H. Con. Res. 175) [10MY]
------prohibit providers of cellular and other mobile radio
services from blocking access to 911 emergency services (see
H.R. 3181) [28MR]
Television: establish toll-free number for comments relative to
the broadcasting of violent programming (see H.R. 2964) [9FE]
USIA: provide computer access to multilingual text and voice
recordings of VOA transcripts (see H.R. 3916) [30JY]
Conference reports
Telecommunications Act (S. 652) [31JA]
Messages
Telecommunications Services Relative to Cuba: President Clinton
[23SE]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
White House Communications Agency Review: Committee on Government
Reform and Oversight (House) (H. Rept. 104-748) [2AU]
TELECOMMUNICATIONS ACT
Bills and resolutions
Computers: protection of freedom of speech on-line and on the
Internet (see H.R. 3606) [10JN]
------provide parental control of child access to online services
(see H.R. 3089) [14MR]
------transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Enact (S. 652): consideration of conference report (see H. Res.
353) [31JA]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
Conference reports
Provisions (S. 652) [31JA]
Reports filed
Consideration of Conference Report on S. 652, Provisions:
Committee on Rules (House) (H. Res. 353) (H. Rept. 104-459)
[31JA]
Provisions: Committee of Conference (S. 652) (H. Rept. 104-458)
[31JA]
TELECOMMUNICATIONS COMPETITION AND DEREGULATION ACT
Bills and resolutions
Computers: provide parental control of child access to online
services (see H.R. 3089) [14MR]
------transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Enact (S. 652): consideration of conference report (see H. Res.
353) [31JA]
Conference reports
Provisions (S. 652) [31JA]
Reports filed
Consideration of Conference Report on S. 652, Provisions:
Committee on Rules (House) (H. Res. 353) (H. Rept. 104-459)
[31JA]
[[Page 3152]]
Provisions: Committee of Conference (S. 652) (H. Rept. 104-458)
[31JA]
TELEPHONES
Bills and resolutions
Cellular telephones: prohibit providers of cellular and other
mobile radio services from blocking access to 911 emergency
services (see H.R. 3181) [28MR]
Congress: impose fees for the allocation of toll-free phone
numbers (see H. Con. Res. 175) [10MY]
FCC: reform (see H.R. 3957) [2AU]
Political campaigns: disclosure of identity of persons paying for
telephone poll expenses (see H.R. 4183) [25SE]
Public lands: right-of-way fees and liability standards affecting
rural electric cooperatives and other lessees (see H.R. 3377)
[1MY]
Public opinion polls: require certain disclosures and reports
relative to polling by telephone or electronic device (see
H.R. 4267) [27SE]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
------protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
------reform policies regulating competition (S. 652),
consideration of conference report (see H. Res. 353) [31JA]
Conference reports
Telecommunications Act (S. 652) [31JA]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
TELEVISION
related term(s) News Media; Public Broadcasting; Telecommunications
Bills and resolutions
Alcoholic beverages: prohibit advertising of distilled spirits on
radio and television (see H.R. 3644) [13JN]
Broadcasting: require broadcasters to participate in substance
abuse information programs as part of their public service
obligation (see H.R. 3334) [25AP]
Crime: establish toll-free telephone number for the reporting of
stolen and abandoned motor vehicles (see H.R. 4286) [28SE]
Families and domestic relations: reservation of time for family-
oriented programming (see H. Res. 484) [18JY]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
------reform (see H.R. 3957) [2AU]
------require promotion of sharing of broadcasting tower
facilities (see H.R. 3945) [1AU]
------revise television station ownership rules relative to local
marketing agreements (see H.R. 3623) [12JN]
FTC: impose monetary penalties for use of fraudulent political
advertisements (see H.R. 3995) [2AU]
Public broadcasting: promote financial self-sufficiency (see H.R.
2979) [28FE]
Satellite carriers: regulation of network signals (see H.R. 3192)
[28MR]
Serbia: condemn restrictions on freedom of the press and the
democratic and humanitarian activities of the Soros Foundation
(see H. Res. 378) [12MR]
Sports: use of instant replay for officiating in professional
sporting events (see H.R. 3096) [14MR]
Taxation: treatment of unemployment tax relative to entertainment
industry (see H.R. 3677) [19JN]
Telecommunications: availability of universal service relative to
Native Americans and Alaskan natives (see H. Res. 556) [2OC]
------continued operation of certain overlapping stations (see
H.R. 3073) [12MR]
------protection of consumer privacy relative to new
communications technologies (see H.R. 3685) [20JN]
------reform policies regulating competition (S. 652),
consideration of conference report (see H. Res. 353) [31JA]
Violence: broadcast of violent programming (see H. Res. 541)
[26SE]
------establish toll-free number for comments relative to the
broadcasting of violent programming (see H.R. 2964) [9FE]
Conference reports
Telecommunications Act (S. 652) [31JA]
Messages
Corp. for Public Broadcasting: President Clinton [9JY]
Reports filed
Consideration of Conference Report on S. 652, Telecommunications
Act: Committee on Rules (House) (H. Res. 353) (H. Rept. 104-
459) [31JA]
Satellite Home Viewer Act Technical Corrections: Committee on the
Judiciary (House) (H.R. 1861) (H. Rept. 104-554) [6MY]
Telecommunications Act: Committee of Conference (S. 652) (H. Rept.
104-458) [31JA]
TENNESSEE
Bills and resolutions
Agriculture: authorize haying and grazing on certain lands (see
H.R. 3554) [30MY]
Irrigation: technical assistance for the Chickasaw Basin Authority
(see H.R. 3325) [25AP]
James H. Quillen VA Medical Center, Johnson City, TN: designate
(see H.R. 3320) [25AP]
L. Clure Morton Post Office and Courthouse, Cookeville, TN:
designate (see H.R. 4070) [12SE]
Tennessee-Tombigbee Waterway: designate certain locks and dams
(see H.R. 3432) [9MY]
TENNESSEE VALLEY AUTHORITY
Bills and resolutions
Power resources: privatize the Federal Power Marketing
Administration and certain TVA facilities (see H.R. 3878)
[23JY]
Real estate: prohibit imposition of performance deposits for
residential shoreline alterations (see H.R. 3853) [18JY]
Swain County, NC: settlement of claims against the Federal
Government (see H.R. 4112) [18SE]
TERRITORIES (U.S.)
Bills and resolutions
American Samoa: clarify rules of origin for textile and apparel
products (see H.R. 3761) [9JY]
------require U.S. nationals accepted in ROTC programs to apply
for citizenship (see H.R. 3327) [25AP]
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Guam: acquire excess real property and release lands from a
condition on disposal (see H.R. 3501) [21MY]
House of Representatives: provide for a nonvoting delegate from
the Northern Mariana Islands (see H.R. 3879, 4067) [23JY]
[12SE]
Omnibus Territories Act: enact (see H.R. 3721) [26JN]
Puerto Rico: application of coastwise trade laws relative to
travel to or from Puerto Rico (see H.R. 3020) [6MR]
------relief for certain loans (see H.R. 4269) [27SE]
------self-determination (see H.R. 3024, 4228, 4281) [6MR] [27SE]
[28SE]
South Pacific region: prohibit the storage of nuclear waste on any
Pacific territories or U.S. islands (see H.R. 3686) [20JN]
Virgin Islands: temporary absence of executive officials and
priority payment of certain bonds and other obligations (see
H.R. 3634) [13JN]
------transfer of management authority of Christiansted National
Historic Site (see H.R. 3635) [13JN]
Water pollution: State waivers from secondary treatment
requirements for certain ocean discharges (see H.R. 3299)
[23AP]
Reports filed
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives: Committee on Resources
(House) (H.R. 4067) (H. Rept. 104-856) [27SE]
Puerto Rico Self-Determination: Committee on Resources (House)
(H.R. 3024) (H. Rept. 104-713) [26JY]
------Committee on Rules (House) (H.R. 3024) (H. Rept. 104-713)
[18SE]
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
TERRORISM
related term(s) Crime
Appointments
Conferees: S. 735, Comprehensive Terrorism Prevention Act [14MR]
Bills and resolutions
Abbas, Mohammed: extradition to the U.S. (see H. Res. 444) [29MY]
Appropriations: making omnibus consolidated (see H.R. 4278) [28SE]
Aviation: require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
Biological weapons: control the domestic transfer of infectious
agents that potentially pose a serious health threat (see H.R.
3033, 3051) [6MR] [7MR]
Crime: develop technologies to combat (see H.R. 3960) [2AU]
------strengthen penalties and prohibitions against sabotage of
rail transportation or other mass transit (see H.R. 2949)
[1FE]
Foreign aid: prohibit U.S. assistance to countries providing
landing rights to Libyan aircraft (see H.R. 4332) [30SE]
Foreign policy: sanctions against countries assisting the weapons
programs of non-nuclear weapon states (see H. Res. 381) [13MR]
Foreign trade: treatment of exports to countries identified as
state sponsors of terrorism (see H.R. 3109) [19MR]
Middle East: condemn terrorist activities in Israel (see H. Con.
Res. 149) [7MR]
National Rifle Association: condemn holding of annual convention
on anniversary of Alfred P. Murrah Federal Building bombing
(see H. Res. 407) [18AP]
National security: improve U.S. ability to respond to terrorist
threats (see H.R. 3071, 3409) [12MR] [7MY]
------improve U.S. ability to respond to terrorist threats (H.R.
2703), consideration (see H. Res. 376, 380) [7MR] [12MR]
------improve U.S. ability to respond to terrorist threats (S.
735), consideration of conference report (see H. Res. 405)
[17AP]
------threat to U.S. citizens and Government posed by armed
militia and paramilitary groups (see H. Con. Res. 206) [1AU]
Saudi Arabia: terrorist attack on U.S. peacekeeping forces (see H.
Con. Res. 200) [24JY]
Tourist trade: revitalize industry and provide airport security
(see H.R. 4312) [28SE]
U.S. policy (see H.R. 3953) [2AU]
U.S. policy (H.R. 3953): consideration (see H. Res. 508) [1AU]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
Conference reports
Antiterrorism and Effective Death Penalty Act (S. 735) [15AP]
Messages
National Emergency Relative to Iran: President Clinton [16MY]
Motions
National security: improve U.S. ability to respond to terrorist
threats (H.R. 2703) [13MR] [14MR]
------improve U.S. ability to respond to terrorist threats (S.
735) [14MR]
Reports filed
Antiterrorism and Effective Death Penalty Act: Committee of
Conference (S. 735) (H. Rept. 104-518) [15AP]
Consideration of Conference Report on S. 735, Antiterrorism and
Effective Death Penalty Act: Committee on Rules (House) (H.
Res. 405) (H. Rept. 104-522) [17AP]
Consideration of H.R. 2703, Comprehensive Antiterrorism Act:
Committee on Rules (House) (H. Res. 376) (H. Rept. 104-477)
[7MR]
[[Page 3153]]
------Committee on Rules (House) (H. Res. 380) (H. Rept. 104-480)
[12MR]
Consideration of H.R. 3953, Aviation Security and Antiterrorism
Act: Committee on Rules (House) (H. Res. 508) (H. Rept. 104-
744) [1AU]
Terrorist Attack on U.S. Peacekeeping Forces in Saudi Arabia:
Committee on National Security (House) (H. Con. Res. 200) (H.
Rept. 104-805) [17SE]
TEXAS
Bills and resolutions
Dept. of the Interior: transfer Palmetto Bend Project (see H.R.
3822) [16JY]
Disasters: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
Jim Wright Post Office Building, Fort Worth, TX: designate (see
H.R. 4232) [27SE]
Reports filed
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
TEXTILE INDUSTRY AND FABRICS
Bills and resolutions
American Samoa: clarify rules of origin for textile and apparel
products (see H.R. 3761) [9JY]
Business and industry: ensure competitiveness of textile and
apparel industry (see H.R. 3654) [13JN]
Canada: limit imports of wool apparel (see H.R. 4338) [1OC]
Carpets and rugs: authorize substitution for drawback purposes of
certain fibers and yarns used in manufacturing (see H.R. 3380)
[1MY]
Tariff: certain industrial nylon fabrics (see H.R. 4150) [24SE]
------certain water resistant wool trousers (see H.R. 3718) [25JN]
THIRD WORLD COUNTRIES
see Developing Countries
THOMAS, WILLIAM M. (a Representative from California)
Appointments
Conferee: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3448, Small Business Job Protection Act [26JY]
Bills and resolutions introduced by
American Folklife Preservation Act: repeal (see H.R. 3491) [16MY]
Bass, Representative: dismissal of election contest (see H. Res.
539) [26SE]
Committee on Information (Joint): establish (see H.R. 4280) [28SE]
Congressional Office of Compliance: approval of final regulations
relative to employing offices of the House of Representatives
(see H. Res. 400, 504; H. Con. Res. 207) [15AP] [1AU]
------provide educational assistance to employing offices of the
House of Representatives (see H. Res. 401) [15AP]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
Elections: campaign ethics reform and contribution limits (see
H.R. 3760, 3820) [9JY] [16JY]
------extend the period for receipt of certain absentee ballots
(see H.R. 3058) [8MR]
FEC: authorizing appropriations (see H.R. 3461) [15MY]
Health: national policy to provide health care and reform
insurance procedures (H.R. 3103), corrections in enrollment of
conference report (see H. Con. Res. 208) [2AU]
National Mental Health Parity Act: implementation (see H.R. 4135)
[24SE]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
Rose, Representative: dismissal of election contest (see H. Res.
538) [26SE]
Taxation: treatment of crops destroyed by casualty (see H.R. 3749)
[27JN]
------treatment of Social Security (see H.R. 2971) [23FE]
Reports filed
American Folklife Preservation Act Repeal: Committee on House
Oversight (House) (H.R. 3491) (H. Rept. 104-710) [26JY]
Campaign Ethics Reform and Contribution Limits: Committee on House
Oversight (House) (H.R. 3760) (H. Rept. 104-677) [16JY]
Committee on International Relations (House) Funding for
Investigation of U.S. Role in Iranian Arms Transfer to Croatia
and Bosnia: Committee on House Oversight (House) (H. Res. 417)
(H. Rept. 104-559) [6MY]
Dismissal of Election Contest Against Representative Bass:
Committee on House Oversight (House) (H. Res. 539) (H. Rept.
104-853) [26SE]
Dismissal of Election Contest Against Representative Rose:
Committee on House Oversight (House) (H. Res. 538) (H. Rept.
104-852) [26SE]
House of Representatives Official Allowance That Represents
Administrative Reforms: Committee on House Oversight (House)
(H.R. 2739) (H. Rept. 104-482) [14MR]
THOMPSON, BENNIE G. (a Representative from Mississippi)
Bills and resolutions introduced by
Ronald H. Brown Commerce Building, Washington, DC: designate (see
H.R. 3247) [15AP]
THORNBERRY, WILLIAM M. (MAC) (a Representative from Texas)
Bills and resolutions introduced by
Agriculture: allow interstate distribution of State-inspected meat
(see H.R. 3750) [27JN]
Taxation: incentives to encourage domestic production of oil and
gas (see H.R. 3410) [7MY]
------provide equivalent rates on liquefied natural gas and
compressed natural gas (see H.R. 3315) [24AP]
THORNTON, RAY (a Representative from Arkansas)
Appointments
Committee To Escort the President [23JA]
Conferee: H.R. 3603, agriculture, rural development, FDA, and
related agencies programs appropriations [30JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
Motions offered by
Legislative branch of the Government: making appropriations (H.R.
3754) [30JY]
THRIFT CHARTER MERGER COMMISSION
Bills and resolutions
Establish (see H.R. 3407) [7MY]
THRIFT INSTITUTIONS
see Financial Institutions
THURMAN, KAREN L. (a Representative from Florida)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions introduced by
Agriculture: packing standards for imported tomatoes (see H.R.
2921) [31JA]
Dept. of Veterans Affairs: develop plan for allocation of health
care resources (see H.R. 3346) [25AP]
Medicaid: waiver of enrollment composition rule relative to
certain HMOs (see H.R. 4227) [26SE]
Taxation: treatment of State tuition programs (see H.R. 3842)
[17JY]
Motions offered by
Bulgaria: most-favored-nation status (H.R. 1643) [5JA]
TIAHRT, TODD (a Representative from Kansas)
Bills and resolutions introduced by
Education: parental access to children's curriculum and records
(see H.R. 3324, 3947) [25AP] [1AU]
Native Americans: exempt voluntary child custody proceedings from
coverage (see H.R. 3156) [22MR]
Political campaigns: prohibit use of labor organization dues and
fees for political activities (see H.R. 3683) [19JN]
TIMBER
see Forests; Lumber Industry
TOBACCO INDUSTRY
see Tobacco Products
TOBACCO PRODUCTS
Bills and resolutions
Advertising: restrict advertising and promotion (see H.R. 3821)
[16JY]
Children and youth: limit access to minors (see H.R. 3954, 4245)
[2AU] [27SE]
Medicaid: reward States for collecting funds expended on tobacco-
related illnesses (see H.R. 3779) [10JY]
Nicotine: consideration of addiction as a disability (see H. Con.
Res. 223) [26SE]
Taxation: treatment of advertising expenses for tobacco products
(see H.R. 2962) [6FE]
Transportation: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
TOMS RIVER, NJ
Bills and resolutions
Health: matching payments to determine cancer incidence among
residents of Toms River, NJ (see H.R. 3148) [21MR]
TOP GUN (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3370) [30AP]
TORKILDSEN, PETER G. (a Representative from Massachusetts)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Armed Forces: discharge of military personnel relative to positive
HIV test (see H.R. 2959) [1FE]
Financial institutions: treatment of certain claims against
depository institutions under receivership by Federal banking
agencies (see H.R. 3892) [24JY]
TORNADOES
related term(s) Disasters
Bills and resolutions
Disasters: assist State and local governments in disaster relief
(see H.R. 3032) [6MR]
TORRES, ESTEBAN EDWARD (a Representative from California)
Appointments
Conferee: H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions introduced by
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence Against Women: ratification (see H.
Con. Res. 182) [6JN]
TORRICELLI, ROBERT G. (a Representative from New Jersey)
Appointments
Conferee: H.R. 1561, American Overseas Interests Act [28FE]
------H.R. 3259, intelligence services appropriations [18SE]
Bills and resolutions introduced by
China, Republic of: democracy efforts (see H. Con. Res. 140)
[31JA]
Computers: regulate use of personal information obtained by
interactive computer services (see H.R. 4326) [28SE]
Crime: establish programs to investigate, report, and prevent bias
crimes (see H.R. 3825) [16JY]
Dept. of HUD: withhold public housing assistance to State agencies
that impede eviction of a tenant (see H.R. 3865) [22JY]
ERISA: extend continuation of coverage of certain retiree health
benefits (see H.R. 4162) [24SE]
Firearms: prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
Flag--U.S.: copyright and impose criminal penalties for
desecration (see H.R. 3883) [23JY]
Human rights: remedies for claims involving human experimentation
and constitutional and human rights violations (see H.R. 3946)
[1AU]
Taxation: treatment of individual training accounts (see H.R.
3157) [22MR]
------treatment of severance payments (see H.R. 2999) [29FE]
------treatment of worker retraining expenditures (see H.R. 2998)
[29FE]
Water: require persons contributing to drinking water
contamination to reimburse public water systems for the costs
of decontamination (see H.R. 3656) [13JN]
[[Page 3154]]
TOURIST TRADE
Bills and resolutions
Economy: revitalize industry and provide airport security (see
H.R. 4312) [28SE]
Foreign countries: border-crossing fees for vehicles or
pedestrians entering the U.S. from Canada or Mexico (see H.
Con. Res. 152) [14MR]
Immigration: establish visa waiver pilot program for Korean
nationals traveling in tour groups (see H.R. 3962) [2AU]
Lebanon: restrictions on travel and the use of U.S. passports (see
H. Res. 390) [22MR]
Puerto Rico: application of coastwise trade laws relative to
travel to or from Puerto Rico (see H.R. 3020) [6MR]
Reports filed
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
U.S. National Tourism Organization Act: Committee on Commerce
(House) (H.R. 2579) (H. Rept. 104-839) [25SE]
TOWNS, EDOLPHUS (a Representative from New York)
Bills and resolutions introduced by
Health: require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101) [14MR]
Insurance: protect personal privacy rights of customers and
claimants (see H.R. 3930) [31JY]
Medicaid: waiver of enrollment composition rule relative to
certain HMOs (see H.R. 3866, 3871) [22JY] [23JY]
Medicare: contract reform (see H.R. 3132) [20MR]
Refuse disposal: prohibit international export and import of
certain solid waste (see H.R. 3893) [24JY]
TOXIC WASTE
see Hazardous Substances
TRADE AND DEVELOPMENT AGENCY
Bills and resolutions
Foreign trade: extend authority for certain export assistance
agencies (see H.R. 3759, 4109) [9JY] [18SE]
Reports filed
Export Assistance Agencies Authority Extension: Committee on
International Relations (House) (H.R. 3759) (H. Rept. 104-722)
[30JY]
TRADE DEFICIT
see Foreign Trade
TRADEMARKS
Bills and resolutions
Intellectual Property Assembly of the Americas: establish (see
H.R. 3808) [12JY]
National forests: authorize and extend certain activities of the
National Forest Foundation (see H.R. 4171) [25SE]
Patent and Trademark Office: convert to Government corporation
(see H.R. 3460) [15MY]
Reports filed
Patent and Trademark Office Conversion to Government Corporation:
Committee on the Judiciary (House) (H.R. 3460) (H. Rept. 104-
784) [12SE]
TRAFICANT, JAMES A., JR. (a Representative from Ohio)
Bills and resolutions introduced by
Andrew Jacobs, Jr., U.S. Post Office Building, Indianapolis, IN:
designate (see H.R. 4223) [26SE]
Capitol Building and Grounds: authorizing use of Grounds for
National Peace Officers' Memorial Service (see H. Con. Res.
147) [5MR]
Courts: determination of cases alleging breach of secret
Government contracts (see H.R. 4224) [26SE]
Foreign countries: private sector development enterprise funds
(see H.R. 3116) [19MR]
Government: requirements for leasing of space by Federal agencies
(see H.R. 2904) [26JA]
Kika de la Garza U.S. Border Station, Pharr, TX: designate (see
H.R. 4186) [25SE]
Law enforcement officers: funding for the hiring of personnel who
perform nonadministrative services (see H.R. 2922) [31JA]
TRAILS
Bills and resolutions
American Discovery Trail: establish (see H.R. 3250) [16AP]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
National Discovery Trails: establish (see H.R. 3250) [16AP]
Reports filed
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
TRANS WORLD AIRLINES
Bills and resolutions
Disasters: tribute to victims of Trans World Airlines crash in New
York (see H. Con. Res. 204) [26JY]
TRANSPORTATION
related term(s) Department of Transportation; Motor Vehicles; Roads and
Highways
Appointments
Conferees: H.R. 3539, FAA programs reauthorization [24SE]
------H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions
Airlines and airports: provide protection for airline employees
who provide certain air safety information (see H.R. 3187)
[28MR]
Appropriations: provide off-budget treatment for certain
transportation trust funds (H.R. 842), consideration [29MR]
Aviation: prohibit certain individuals from piloting aircraft
relative to aeronautical records, competitions, or feats (see
H.R. 3267) [18AP]
------prohibit transportation of chemical oxygen generators on
certain aircraft (see H.R. 3618) [12JN]
------regulation of scheduled passenger air service at reliever
airports (see H.R. 3141) [21MR]
------require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
------require use of animals at airports for detection of certain
explosive devices (see H.R. 3896) [25JY]
------requirements relative to families of passengers involved in
aircraft accidents (see H.R. 3923) [31JY]
------standards relative to foreign repair stations (see H.R.
3839) [17JY]
Crime: strengthen penalties and prohibitions against sabotage of
rail transportation or other mass transit (see H.R. 2949)
[1FE]
Deepwater Port Act: amend (see H.R. 2940) [1FE]
Dept. of Transportation: regulations relative to transportation of
intermodal containers (see H.R. 4040) [10SE]
------solicit proposals from air carriers to provide air service
to certain areas (see H.R. 3739) [27JN]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 3675) [19JN]
------making appropriations (H.R. 3675), consideration (see H.
Res. 460) [25JN]
------making appropriations (H.R. 3675), consideration of
conference report (see H. Res. 522) [17SE]
Drunken driving: add vehicle confiscation to criteria for State
eligibility for Federal drunk driving countermeasure grants
(see H.R. 4128) [20SE]
FAA: authorize research, engineering, and development programs
(see H.R. 3484) [16MY]
------essential air service funding (see H.R. 3037) [6MR]
------reauthorizing programs (see H.R. 3539) [29MY]
------reauthorizing programs (H.R. 3539), consideration of
conference report (see H. Res. 540) [26SE]
------regulations relative to recirculation of fresh air in
commercial aircraft (see H.R. 3626) [12JN]
------reorganize and remove all duties not related to safety (see
H.R. 3831) [17JY]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
Foreign trade: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
Hazardous substances: exempt transportation by certain vehicles
from Government regulations (see H.R. 3153) [22MR]
------regulation of not-for-hire transportation of agriculture
production materials (see H.R. 3799) [12JY]
Maine: refund individual expenses relative to certain EPA
automobile inspection and maintenance requirements (see H.R.
3824) [16JY]
Massachusetts: deauthorize a portion of the navigation project for
Weymouth-Fore and Town Rivers (see H.R. 2957) [1FE]
Medicare: ultrasound equipment transportation costs (see H.R.
3555) [30MY]
Metric system: modification of highway signs (see H.R. 3617)
[12JN]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Motor vehicles: remove limitations on maximum driving and on-duty
time of utility vehicle operators and drivers (see H.R. 3480,
3492) [16MY]
------requirements relative to operators of certain farm vehicles
(see H.R. 3356) [30AP]
National Infrastructure Development Corp.: establish (see H.R.
3162, 3168) [26MR] [27MR]
Natural gas: increase use as a fuel (see H.R. 4288) [28SE]
NTSB: authorizing appropriations (see H.R. 3159) [26MR]
------authorizing appropriations (H.R. 3159), corrections in
enrollment (see H. Con. Res. 221) [26SE]
Oceans: reduce regulations on international transportation and
eliminate the Federal Maritime Commission (H.R. 2149),
consideration (see H. Res. 419) [30AP]
Petroleum: gasoline tax (see H.R. 3375, 3395, 3415, 3420, 3457)
[1MY] [7MY] [8MY] [15MY]
------gasoline tax (H.R. 3415), consideration (see H. Res. 436)
[16MY]
------transfer gasoline tax revenues to transportation trust funds
(see H.R. 3372, 3384) [1MY]
Railroads: hours of service of employees (see H.R. 3413) [8MY]
------implementation of exemptions to train whistle requirements
at public highway-rail grade crossings (see H. Con. Res. 201)
[25JY]
------improve rail transportation safety (see H.R. 3106, 3578)
[18MR] [5JN]
------improve safety at grade crossings (see H.R. 3000) [29FE]
------reform the Federal Railroad Administration and improve
safety laws (see H.R. 3335) [25AP]
Roads and highways: construction funding (see H.R. 3775) [10JY]
------funding for roads classified as local or rural minor
collectors (see H.R. 3165) [26MR]
------include graffiti removal within meaning of transportation
enhancement activity (see H.R. 3848) [18JY]
------increase number of State participants in the infrastructure
bank pilot program (see H.R. 3367) [30AP]
------increase truck weight limit on sections of Maine Turnpike
(see H.R. 3549) [29MY]
------modify the minimum allocation formula for Federal aid
highway program (see H.R. 3195) [28MR]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
------reuse or disposal of construction and demolition debris (see
H.R. 3522) [23MY]
Shipping industry: allow transportation of cargo on foreign ships
manned by U.S. crews (see H.R. 4006) [2AU]
States: eliminate noncompliance penalties relative to national
minimum drinking age (see H.R. 3548) [29MY]
------permit to impose fees for providing air service to small
communities (see H.R. 2881) [25JA]
------transfer authority over highway programs and mass transit
programs (see H.R. 3840) [17JY]
Taxation: application of retail tax relative to certain heavy duty
trucks and trailers (see H.R. 4090) [17SE]
------aviation excise taxes relative to Airport and Airway Trust
Fund expenditures (see H.R. 4206) [26SE]
[[Page 3155]]
------establish intercity passenger rail service trust fund (see
H.R. 4106) [18SE]
Tobacco products: prohibit smoking in any federally financed
transportation facility (see H.R. 4333) [30SE]
Trucking industry: alcohol and drug testing of operators
transporting agricultural commodities and properties for small
local governments (see H.R. 3182) [28MR]
------limit the applicability of hazardous material transportation
registration and fee requirements relative to the transport of
crude oil and condensate (see H.R. 3188) [28MR]
Urban areas: metropolitan planning (see H.R. 4330) [30SE]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
White House Travel Office: abolish (see H.R. 2888) [25JA]
Conference reports
Dept. of Transportation and Related Agencies Appropriations (H.R.
3675) [16SE]
FAA Programs Reauthorization (H.R. 3539) [26SE]
Messages
Motor Vehicle and Highway Safety Report: President Clinton [3OC]
Motions
Dept. of Transportation and related agencies: making
appropriations (H.R. 3675) [5SE]
Petroleum: gasoline tax (H.R. 3415) [21MY]
Reports filed
Appalachian Regional Commission Funding and Economic Development
Programs: Committee on Transportation and Infrastructure
(House) (H.R. 2145) (H. Rept. 104-693) [18JY]
Child Pilot Safety Act: Committee on Transportation (House) (H.R.
3267) (H. Rept. 104-683) [17JY]
Codify Certain Transportation Laws: Committee on the Judiciary
(House) (H.R. 2297) (H. Rept. 104-573) [14MY]
Consideration of Conference Report on H.R. 3539, FAA Programs
Reauthorization: Committee on Rules (House) (H. Res. 540) (H.
Rept. 104-851) [26SE]
Consideration of Conference Report on H.R. 3675, Dept. of
Transportation and Related Agencies Appropriations: Committee
on Rules (House) (H. Res. 522) (H. Rept. 104-803) [17SE]
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
Consideration of H.R. 2149, Ocean Shipping Reform Act: Committee
on Rules (House) (H. Res. 419) (H. Rept. 104-544) [30AP]
Consideration of H.R. 3415, Gasoline Tax: Committee on Rules
(House) (H. Res. 436) (H. Rept. 104-580) [16MY]
Consideration of H.R. 3675, Dept. of Transportation and Related
Agencies Appropriations: Committee on Rules (House) (H. Res.
460) (H. Rept. 104-633) [25JN]
Deepwater Port Act Amendments: Committee on Transporation and
Infrastructure (House) (H.R. 2940) (H. Rept. 104-692) [18JY]
Dept. of Transportation and Related Agencies Appropriations:
Committee of Conference (H.R. 3675) (H. Rept. 104-785) [16SE]
------Committee on Appropriations (House) (H.R. 3675) (H. Rept.
104-631) [19JN]
Dept. of Transportation Regulations Relative to Transportation of
Intermodal Containers: Committee on Transportation and
Infrastructure (House) (H.R. 4040) (H. Rept. 104-794) [17SE]
Establish the FAA as an Independent Agency: Committee on
Transportation and Infrastructure (House) (H.R. 2276) (H.
Rept. 104-475) [7MR]
Exempt Transportation of Hazardous Substances by Certain Vehicles
From Government Regulations: Committee on Transportation and
Infrastructure (House) (H.R. 3153) (H. Rept. 104-791) [17SE]
FAA Programs Reauthorization: Committee of Conference (H.R. 3539)
(H. Rept. 104-848) [26SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3539) (H. Rept. 104-714) [26JY]
Gasoline Tax: Committee on Ways and Means (House) (H.R. 3415) (H.
Rept. 104-576) [16MY]
NTSB Appropriations: Committee on Transportation (House) (H.R.
3159) (H. Rept. 104-682) [17JY]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
------Committee on the Budget (House) (H.R. 842) (H. Rept. 104-
499) [29MR]
Requirements Relative to Families of Airline Passengers Involved
in Aircraft Accidents: Committee on Transportation and
Infrastructure (House) (H.R. 3923) (H. Rept. 104-793) [17SE]
Utility of Motor Vehicle Title Information to Law Enforcement
Officers: Committee on the Judiciary (House) (H.R. 2803) (H.
Rept. 104-618) [12JN]
Validate Certain Conveyances Made by Southern Pacific
Transportation Co., in Reno, NV, and Tulare, CA: Committee on
Resources (House) (H.R. 1784) (H. Rept. 104-691) [18JY]
TRASH
see Refuse Disposal
TRAVEL
see Tourist Trade
TRAVEL REFORM AND SAVINGS ACT
Bills and resolutions
Enact (see H.R. 3637) [13JN]
TREATIES AND AGREEMENTS
Bills and resolutions
Agriculture: maintain foreign market development programs (see
H.R. 2950) [1FE]
Antarctic Treaty: implement Protocol on Environmental Protection
(see H.R. 3060) [12MR]
------implement Protocol on Environmental Protection (H.R. 3060),
technical corrections (see H. Con. Res. 211) [10SE]
Canada: limit imports of wool apparel (see H.R. 4338) [1OC]
China, People's Republic of: increased tariffs relative to
intellectual property rights (see H.R. 3421) [8MY]
------membership in World Trade Organization relative to
protection of intellectual property rights (see H. Res. 429)
[9MY]
------U.S. policy relative to membership in World Trade
Organization (see H.R. 4065) [12SE]
China, Republic of: membership in World Trade Organization
relative to the admission of the People's Republic of China
(see H. Res. 490) [26JY]
Dept. of Defense: withdrawal of forces stationed in foreign
countries that do not assume costs and application of savings
to the Federal Hospital Insurance Trust Fund (see H.R. 2936)
[1FE]
Foreign trade: authorize a trade agreement with Northern Ireland
and certain counties in Ireland (see H.R. 3599) [6JN]
------negotiation of environmental, labor and agricultural
standards relative to trade agreements in Western Hemisphere
(see H.R. 4291) [28SE]
------prevent intellectual property piracy of databases (see H.R.
3531) [23MY]
------provide President with proclamation authority relative to
articles of West Bank or Gaza Strip (see H.R. 3074) [13MR]
------require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
General Framework Agreement for Peace in Bosnia and Herzegovina:
implementation (see H. Res. 542) [26SE]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
Hunting and trapping: clarify prohibitions and provide for
wildlife habitat under the Migratory Bird Treaty Act (see H.R.
4077) [12SE]
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence Against Women: ratification (see H.
Con. Res. 182) [6JN]
International Dolphin Conservation Program: implement (H.R. 2823),
consideration (see H. Res. 489) [25JY]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
International relations: commend Governments of Hungary and
Romania for signing the Treaty of Understanding, Cooperation
and Good Neighborliness (see H. Con. Res. 220) [25SE]
Korea, Democratic People's Republic of: infiltration of military
personnel into the Republic of Korea (see H. Con. Res. 224)
[27SE]
Marine mammals: eliminate ban on import of dolphin-safe tuna and
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean (see H.R. 2856) [5JA]
Mexico: make extension of loan guarantee agreement conditional to
drug enforcement efforts (see H.R. 2945) [1FE]
------make foreign aid conditional to drug enforcement efforts
(see H.R. 2947) [1FE]
------safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
------extension of Presidential fast-track negotiating authority
relative to creation of a Trans-Atlantic Free Trade Area (see
H. Res. 547) [27SE]
------U.S. participation in Coordinating Secretariat (see H.R.
3075) [13MR]
National security: national missile defense system (see H.R. 3144)
[21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
Messages
Caribbean Basin Economic Recovery Act: President Clinton [2OC]
Foreign Trade Policy and Agreements: President Clinton [27MR]
U.S.-Argentina Proposed Agreement of Cooperation Relative to
Peaceful Uses of Nuclear Energy: President Clinton [19MR]
Reports filed
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Consideration of H.R. 2823, International Dolphin Conservation
Program Implementation: Committee on Rules (House) (H. Res.
489) (H. Rept. 104-708) [25JY]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
------Committee on Ways and Means (House) (H.R. 2823) (H. Rept.
104-665) [23JY]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
Protocol on Environmental Protection to the Antarctic Treaty
Implementation: Committee on Science (House) (H.R. 3060) (H.
Rept. 104-593) [23MY]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
[[Page 3156]]
TRUCKING INDUSTRY
related term(s) Cargo Transportation
Bills and resolutions
Alcohol and drug testing: testing of operators transporting
agricultural commodities and properties for small local
governments (see H.R. 3182) [28MR]
Hazardous substances: limit the applicability of hazardous
material transportation registration and fee requirements
relative to the transport of crude oil and condensate (see
H.R. 3188) [28MR]
Mexico: safety standards and drug enforcement efforts relative to
trucks seeking to cross U.S. border (see H.R. 2946) [1FE]
Roads and highways: increase truck weight limit on sections of
Maine Turnpike (see H.R. 3549) [29MY]
Transportation: funding for projects in Mexican border States to
accommodate increased traffic resulting from NAFTA
implementation (see H.R. 3527, 3669) [23MY] [18JN]
TRUTH IN LENDING ACT
Bills and resolutions
Financial institutions: require notice of cancellation rights
relative to private mortgage insurance (see H.R. 3556) [30MY]
TRUTH-IN-LENDING ACT
Bills and resolutions
Puerto Rico: relief for certain loans (see H.R. 4269) [27SE]
TULARE, CA
Reports filed
Validate Certain Conveyances Made by Southern Pacific
Transportation Co., in Reno, NV, and Tulare, CA: Committee on
Resources (House) (H.R. 1784) (H. Rept. 104-691) [18JY]
TURKEY, REPUBLIC OF
Bills and resolutions
Peace: conflict resolution between Government and Kurdish
militants (see H. Con. Res. 136) [25JA]
Veterans: priority health care to individuals who served in Israel
or Turkey during the Persian Gulf Conflict (see H.R. 3418)
[8MY]
TWO CAN (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3040) [6MR]
TYONEK NATIVE CORP.
Reports filed
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
U.S. FISH AND WILDLIFE SERVICE
Bills and resolutions
Coastal zones: implement plan for responding to red tide events
involving Florida Manatees (see H.R. 4261) [27SE]
Crook County, WY: conveyance of U.S. Fish and Wildlife Service
lands to Wyoming (see H.R. 3579) [5JN]
Great Lakes Fishery Restoration Study Report: implementation (see
H.R. 4028) [5SE]
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
National Wildlife Refuge System: improve management (H.R. 1675),
consideration (see H. Res. 410) [23AP]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement: Committee on Rules (House) (H. Res.
410) (H. Rept. 104-533) [23AP]
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming: Committee on Resources (House) (H.R.
3579) (H. Rept. 104-711) [26JY]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
U.S. HOUSING ACT
Appointments
Conferees: S. 1260, provisions [9MY]
Bills and resolutions
Enact (H.R. 2406): consideration (see H. Res. 426) [7MY]
Motions
Enact (H.R. 2406) [9MY]
Reports filed
Consideration of H.R. 2406, Provisions: Committee on Rules (House)
(H. Res. 426) (H. Rept. 104-564) [7MY]
Provisions: Committee on Banking and Financial Services (House)
(H.R. 2406) (H. Rept. 104-461) [25AP]
U.S. IMMIGRATION COURT
Bills and resolutions
Establish (see H.R. 4258) [27SE]
U.S. INFORMATION AGENCY
related term(s) Department of State
Bills and resolutions
Computers: provide access to multilingual text and voice
recordings of VOA transcripts (see H.R. 3916) [30JY]
U.S. MARSHALS SERVICE IMPROVEMENT ACT
Bills and resolutions
Enact (H.R. 2641): consideration (see H. Res. 418) [30AP]
Reports filed
Consideration of H.R. 2641, Provisions: Committee on Rules (House)
(H. Res. 418) (H. Rept. 104-543) [30AP]
Provisions: Committee on the Judiciary (House) (H.R. 2641) (H.
Rept. 104-541) [29AP]
U.S. NATIONAL TOURISM ORGANIZATION ACT
Reports filed
Provisions: Committee on Commerce (House) (H.R. 2579) (H. Rept.
104-839) [25SE]
U.S. NAVAL ACADEMY
Appointments
Board of Visitors [24JY]
U.S. SENTENCING COMMISSION
Bills and resolutions
Drugs: require a study of sentencing for drug offenses where
domestic violence has occurred (see H.R. 4246) [27SE]
U.S. SOCCER FEDERATION
Bills and resolutions
1999 Women's World Cup: support efforts to bring tournament to the
U.S. (see H. Res. 359) [1FE]
U.S. TRADE ADMINISTRATION
Bills and resolutions
Establish (see H.R. 4328) [28SE]
U.S.-ISRAEL FREE TRADE AREA IMPLEMENTATION ACT
Bills and resolutions
Foreign trade: provide President with proclamation authority
relative to articles of West Bank or Gaza Strip (see H.R.
3074) [13MR]
Reports filed
Presidential Proclamation Authority Relative to Foreign Trade
Articles of the West Bank or Gaza Strip: Committee on Ways and
Means (House) (H.R. 3074) (H. Rept. 104-495) [25MR]
UKRAINE
related term(s) Commonwealth of Independent States
Bills and resolutions
Chornobyl: anniversary of the nuclear reactor accident (see H.
Con. Res. 167) [24AP]
UNDERWOOD, ROBERT A. (a Delegate from Guam)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Bills and resolutions introduced by
Dept. of Defense: prohibit sale in commissary or exchange stores
of imported items not produced under minimum labor standards
(see H.R. 3843) [17JY]
------prohibit use of certain shipping cost differentials relative
to Merchant Marine Act (see H.R. 4343) [3OC]
Guam: acquire excess real property and release lands from a
condition on disposal (see H.R. 3501) [21MY]
UNEMPLOYMENT
related term(s) Employment
Bills and resolutions
Appropriations: emergency compensation (see H.R. 4263) [27SE]
Business and industry: provide unemployment insurance and leave
time to battered women (see H.R. 3837) [17JY]
Correctional institutions: prevent services performed by inmates
from being treated as employment (see H.R. 3858) [18JY]
Employment: extend time period for filing of trade adjustment
assistance petitions (see H.R. 3271) [18AP]
------provide adjustment assistance to workers displaced because
of any Federal program, project, or activity (see H.R. 4292)
[28SE]
------provide training assistance to individuals employed in an
economically depressed industry and area (see H.R. 3403) [7MY]
------treatment of temporary and part-time workers (see H.R. 3682)
[19JN]
Federal employees: establish demonstration project to assess
feasibility of temporary placement of displaced workers in
other Federal or private employment (see H.R. 3649) [13JN]
Job Corps: ensure a drug-free, safe, and cost effective program
(see H.R. 3169) [27MR]
Public welfare programs: reform unemployment benefit system (see
H.R. 3738) [27JN]
States: clarify rights to set base period used to determine
eligibility for unemployment compensation (see H.R. 3786)
[11JY]
------enforcement of veterans' reemployment rights (see H.R. 3538)
[29MY]
Taxation: eliminate State requirement to pay unemployment
compensation on election worker services (see H.R. 3430) [9MY]
------permit penalty-free withdrawals from certain retirement
accounts by unemployed individuals (see H.R. 3807) [12JY]
------State establishment of health insurance systems for
temporarily unemployed individuals (see H.R. 3092) [14MR]
------treatment of and limitations on loans made from qualified
employer plans (see H.R. 4004) [2AU]
------treatment of severance payments (see H.R. 2999) [29FE]
------treatment of veterans' reemployment rights (see H.R. 3104)
[18MR]
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Appointments
British-U.S. Interparliamentary Group [29MR] [7MY]
Bills and resolutions
Foreign policy: loan guarantees for Ireland and Northern Ireland
(see H.R. 2844) [4JA]
Foreign trade: authorize a trade agreement with Northern Ireland
and certain counties in Ireland (see H.R. 3599) [6JN]
UNITED NATIONS
Bills and resolutions
Armed Forces: limit placement under U.N. operational or tactical
control (see H.R. 3308) [24AP]
------limit placement under U.N. operational or tactical control
(H.R. 3308), consideration (see H. Res. 517) [4SE]
China, People's Republic of: human rights situation in Tibet (see
H. Res. 347) [25JA]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
Foreign countries: promote international security by redirecting
military spending to human development (see H.R. 4306) [28SE]
International Criminal Tribunal for Rwanda: arrest and prosecution
of individuals involved with genocide (see H. Res. 491, 494)
[26JY] [30JY]
New, Michael: reverse court-martial relative to refusal to wear
U.N. uniform insignia (see H. Con. Res. 134) [25JA]
[[Page 3157]]
Secretary General: support the election of a woman (see H. Res.
543) [26SE]
Taxation: prohibit U.S. contributions relative to U.N. attempts at
taxing or charging fees to U.S. citizens (see H.R. 2867)
[23JA]
------treatment of Armed Forces members performing services in
Bosnia and Herzegovina (see H.R. 2879) [25JA]
------treatment of Armed Forces members performing services in
Somalia (see H.R. 4179) [25SE]
U.S. contributions: authorize payment for arrearages and U.N.
peacekeeping activities (see H.R. 3609; H. Con. Res. 225)
[10JN] [27SE]
Messages
National Emergency Relative to Iraq: President Clinton [13FE]
U.S. Participation in the U.N.: President Clinton [24JY]
Reports filed
Consideration of H.R. 3308, Limit Placement of Armed Forces Under
U.N. Operational or Tactical Control: Committee on Rules
(House) (H. Res. 517) (H. Rept. 104-774) [4SE]
Limit Placement of Armed Forces Under U.N. Operational or Tactical
Control: Committee on National Security (House) (H.R. 3308)
(H. Rept. 104-642) [27JN]
UPTON, FRED (a Representative from Michigan)
Appointments
Canada-U.S. Interparliamentary Group [8MY]
Bills and resolutions introduced by
Medicare: waive enrollment composition rules for Wellness Plan
(see H.R. 4012) [2AU]
Taxation: eliminate State requirement to pay unemployment
compensation on election worker services (see H.R. 3430) [9MY]
URANIUM MILL TAILINGS RADIATION CONTROL ACT
Bills and resolutions
Appropriations: authorizing (see H.R. 2967) [23FE]
Reports filed
Appropriations: Committee on Commerce (House) (H.R. 2967) (H.
Rept. 104-536) [24AP]
URBAN AREAS
related term(s) Rural Areas
Bills and resolutions
Ecology and environment: allow petition submittal for the
prevention of certain waste facilities construction in
environmentally disadvantaged communities (see H.R. 2845)
[4JA]
Economy: promote revitalization through Federal assistance for
cleanup of abandoned or contaminated properties (see H.R.
2919, 3093) [31JA] [14MR]
FCC: revise television station ownership rules relative to local
marketing agreements (see H.R. 3623) [12JN]
Financial institutions: consideration of a depository
institution's record on consumer fees relative to the
Community Reinvestment Act (see H.R. 3301) [23AP]
------require performance data reporting to verify availability of
credit on a nondiscriminatory basis (see H.R. 3826) [16JY]
Roads and highways: exempt traffic signal synchronization projects
from certain Clean Air Act provisions (see H.R. 2988) [28FE]
------participation by certain officials in statewide planning
processes (see H.R. 3227) [29MR]
Taxation: credit for business investments in economically
distressed areas (see H.R. 2847) [4JA]
------establish intercity passenger rail service trust fund (see
H.R. 4106) [18SE]
------treatment of empowerment zones and enterprise communities
(see H.R. 3241) [15AP]
------treatment of environmental remediation costs in empowerment
and enterprise zones (see H.R. 3747) [27JN]
Transportation: metropolitan planning (see H.R. 4330) [30SE]
Reports filed
Traffic Signal Synchronization Projects Exemption From Certain
Clean Air Act Provisions: Committee on Commerce (House) (H.R.
2988) (H. Rept. 104-807) [18SE]
UTAH
Bills and resolutions
Dutch John, UT: dispose of certain Federal properties and assist
local government in the interim delivery of basic services
(see H.R. 3486) [16MY]
Myton, UT: transfer certain lands to Utah Division of Wildlife
Resources (see H.R. 3627) [12JN]
Sterling Forest Reserve: land acquisition relative to winter
Olympic games (see H.R. 3907) [26JY]
Reports filed
Goshute Indian Reservation Additional Lands: Committee on
Resources (House) (H.R. 2464) (H. Rept. 104-562) [7MY]
Prepayment of Federal Repayment Contracts by the Central Utah
Water Conservancy District: Committee on Resources (House)
(H.R. 1823) (H. Rept. 104-531) [23AP]
Snowbasin Ski Area, UT, Land Exchange: Committee on Resources
(House) (H.R. 2824) (H. Rept. 104-493) [25MR]
UTILITIES
see Public Utilities
VANS
see Common Carriers
VELAZQUEZ, NYDIA M. (a Representative from New York)
Bills and resolutions introduced by
Business and industry: pay equity and labor protection for
contingent workers (see H.R. 3657) [13JN]
Crime: development and implementation of national financial crimes
strategy (see H.R. 3931) [31JY]
Health: modify certain programs relative to minority women (see
H.R. 3179) [27MR]
------requirements relative to managed care plans (see H.R. 3751)
[27JN]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
Lower East Side Tenement Museum National Historic Site: establish
(see H.R. 3628) [12JN]
VENTO, BRUCE F. (a Representative from Minnesota)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
------S. 1260, U.S. Housing Act [9MY]
Bills and resolutions introduced by
Computers: regulate use of personal information obtained by
interactive computer services (see H.R. 4113) [18SE]
Contracts: require wages paid under a Federal contract be above
local poverty line (see H.R. 3229) [29MR]
FCC: establish rules preventing broadcasts that create hazards for
motorists (see H.R. 3419) [8MY]
Homeless: assistance (see H.R. 3347) [25AP]
Postal Service: require photo identification for processing of
change-of-address orders (see H.R. 3629) [12JN]
Public debt: ceiling (see H. Res. 360) [1FE]
Public housing: Federal commitment to eliminate crime (see H.R.
3150) [21MR]
Public lands: enhance conservation and protection of Boundary
Waters Canoe Area Wilderness and Voyageurs National Park (see
H.R. 3470) [16MY]
Taxation: treatment of deferred compensation plans of State and
local governments (see H.R. 3316) [24AP]
VERMONT
Bills and resolutions
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
VETERANS
Bills and resolutions
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
American Battle Monuments Commission: repair and maintenance of
war memorials (see H.R. 3248, 3673) [16AP] [19JN]
Armed Forces: revise payment of retired pay to former spouses of
retired members (see H.R. 3408) [7MY]
------treatment of Dept. of Defense separation pay relative to
Dept. of Veterans Affairs disability compensation (see H.R.
3521) [23MY]
Benefits: payment of dependency and indemnity compensation to
certain former spouses of veterans dying from service-
connected disabilities (see H.R. 3542) [29MY]
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Cecil Field Naval Air Station, FL: transfer jurisdiction over
certain lands to Dept. of Veterans Affairs (see H.R. 3882)
[23JY]
Commission on the Future for America's Veterans: establish (see
H.R. 4060) [11SE]
Dept. of Defense: provide compensation to certain Vietnamese who
were employed during the Vietnamese Conflict (see H.R. 3668)
[18JN]
Dept. of Veterans Affairs: assessment of research and health care
services for women veterans (see H.R. 3711) [25JN]
------authorize medical facility projects and leases (see H.R.
3376) [1MY]
------authorize VA medical centers to retain funds collected for
health services provision (see H.R. 2913) [31JA]
------develop plan for allocation of health care resources (see
H.R. 3346) [25AP]
------develop sharing agreements relative to health care resources
(see H.R. 3321, 3561) [25AP] [30MY]
------expand services at veterans medical centers (see H.R. 3117)
[20MR]
------extend benefits to certain children of Vietnam veterans born
with spina bifida (see H.R. 3927) [31JY]
------extend enhanced loan asset sale authority (see H.R. 3459)
[15MY]
------improve benefits for veterans exposed to ionizing radiation
(see H.R. 4173) [25SE]
------improve health care services for women veterans (see H.R.
3713, 3972) [25JN] [2AU]
------improve research activities for women veterans (see H.R.
3712) [25JN]
------making continuing appropriations (H.J. Res. 134),
disposition of Senate amendment (see H. Res. 336) [5JA]
------making continuing appropriations (H.J. Res. 134),
transmission procedures relative to balanced budget submission
(see H. Con. Res. 131) [5JA]
------priority health care to certain veterans exposed to
hazardous or radioactive substances (see H.R. 3643) [13JN]
------require that educational assistance programs offices be
located within the District of Columbia (see H.R. 3036) [6MR]
------revise ranking process of applicants and limit awards to
States for certain construction grants (see H.R. 3722) [26JN]
Education: allow enrollment at certain branches or extensions of
institutions of higher learning (see H.R. 2851) [5JA]
Employment: strengthen veterans' preference and increase
opportunities (see H.R. 3586, 3938) [5JN] [1AU]
FAA: compliance with veterans' preference requirements during
reductions in force (see H.R. 3593) [6JN]
FDA: review procedures for funding of certain medical research
relative to illnesses suffered by veterans who served in the
Persian Gulf Conflict (see H.R. 3288) [23AP]
Federal aid programs: eligibility for training and rehabilitation
assistance and transfer of certain educational assistance
authority (see H.R. 3674) [19JN]
------improve programs and benefits (see H.R. 3373) [1MY]
------make permanent alternative teacher certification programs
(see H.R. 2868) [23JA]
[[Page 3158]]
G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS: designate
(see H.R. 3253) [16AP]
Health: improve health care programs (see H.R. 3950) [2AU]
------presumption of service connection for certain diseases and
disabilities relative to exposure to carbon tetrachloride (see
H.R. 2891) [25JA]
------reform and improve eligibility for medical care and services
(see H.R. 3118, 3119) [20MR]
------treatment of cold weather injuries received during military
operations (see H.R. 4007) [2AU]
History: tribute to individuals who served the U.S. during the
period known as the cold war (see H. Con. Res. 180) [22MY]
Homeless: housing programs for veterans (see H.R. 4132) [23SE]
------reintegration assistance for veterans (see H.R. 3611) [11JN]
Income: extend pay benefits to certain merchant mariners who
served during or immediately after World War II (see H.R.
3614) [11JN]
------increase service-connected disability benefits for veterans
and survivors (see H.R. 3458) [15MY]
------permit concurrent receipt of military retired pay with
service-connected disability benefits (see H.R. 4103) [18SE]
Insurance: improve administration of life insurance programs (see
H.R. 2843) [4JA]
James H. Quillen VA Medical Center, Johnson City, TN: designate
(see H.R. 3320) [25AP]
Japan: treatment of U.S. military and civilian POW's during World
War II (see H. Con. Res. 176) [10MY]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
Lawyers and attorneys: authorize financial assistance for legal
representation in Court of Veterans Appeals proceedings (see
H.R. 3493, 3506) [20MY] [22MY]
Persian Gulf Conflict: establish a commission to investigate
exposure to chemical and biological warfare agents (see H.R.
4131) [23SE]
------priority health care to individuals who served in Israel or
Turkey (see H.R. 3418) [8MY]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
Pyramid of Remembrance Foundation: establish a memorial dedicated
to soldiers who have died in foreign conflicts (see H.R. 3442)
[10MY]
Small business: increase opportunities for veterans (see H.R.
4080) [17SE]
Social Security: Medicare reimbursement to Military Health
Services System (see H.R. 3142, 3151, 4068) [21MR] [12SE]
------provide enrollment period for Medicare and medigap relative
to certain military retirees and dependents (see H.R. 4298)
[28SE]
States: enforcement of veterans' reemployment rights (see H.R.
3538) [29MY]
Taxation: eliminate double taxation of lump sum separation
benefits and compensation for a service-connected disability
(see H.R. 3183) [28MR]
------extend the veterans' adjustable rate mortgage demonstration
project (see H.R. 3939) [1AU]
------treatment of veterans' reemployment rights (see H.R. 3104)
[18MR]
Veterans' Claims Adjudication Commission: extend time for
submission of final report (see H.R. 3495) [21MY]
Veterans Health Administration: establishment of research
corporations at VA medical centers (see H.R. 3285) [23AP]
World War II: provide that service in the U.S. Cadet Nurse Corps
constituted active military service for veteran classification
(see H.R. 2995) [29FE]
------tribute to Filipino veterans (see H. Con. Res. 191) [20JN]
Motions
Dept. of Veterans Affairs: making continuing appropriations (H.J.
Res. 134) [5JA]
Reports filed
Dept. of Veterans Affairs Medical Facility Projects and Leases:
Committee on Veterans Affairs (House) (H.R. 3376) (H. Rept.
104-574) [14MY]
Disposition of Senate Amendment to H.J. Res. 134, Dept. of
Veterans Affairs Continuing Appropriations: Committee on Rules
(House) (H. Res. 336) (H. Rept. 104-448) [5JA]
Increase Service-Connected Disability Benefits for Veterans and
Survivors: Committee on Veterans Affairs (House) (H.R. 3458)
(H. Rept. 104-647) [27JN]
Medicare Reimbursement to Military Health Services System:
Committee on National Security (House) (H.R. 3142) (H. Rept.
104-837) [25SE]
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
Reform and Improve Veterans Eligibility for Medical Care and
Services: Committee on Veterans Affairs (House) (H.R. 3118)
(H. Rept. 104-690) [18JY]
Repair and Maintenance of War Memorials by the American Battle
Monuments Commission: Committee on Veterans Affairs (House)
(H.R. 3673) (H. Rept. 104-649) [27JN]
Strengthen Veterans' Preference and Increase Employment
Opportunities: Committee on Government Reform and Oversight
(House) (H.R. 3586) (H. Rept. 104-675) [12JY]
Tribute to Individuals Who Served the U.S. During the Period Known
as the Cold War: Committee on National Security (House) (H.
Con. Res. 180) (H. Rept. 104-804) [17SE]
Veterans Benefits Decision Revisions Based on Clear and
Unmistakable Error: Committee on Veterans Affairs (House)
(H.R. 1483) (H. Rept. 104-571) [10MY]
Veterans Eligibility for Training and Rehabilitation Assistance
and Transfer of Certain Educational Assistance Authority:
Committee on Veterans Affairs (House) (H.R. 3674) (H. Rept.
104-650) [27JN]
Veterans Programs and Benefits Improvements: Committee on Veterans
Affairs (House) (H.R. 3373) (H. Rept. 104-572) [10MY]
VETERANS' ADMINISTRATION
see Department of Veterans Affairs
VETERANS' CLAIMS ADJUDICATION COMMISSION
Bills and resolutions
Report: extend time for submission (see H.R. 3495) [21MY]
VICE PRESIDENT OF THE UNITED STATES (Albert Gore, Jr.)
Appointments
Committee To Escort French President Jacques Chirac Into the House
Chamber [1FE]
Committee To Escort the President [23JA]
Messages
Veto of H.R. 1833, Prohibit Partial-Birth Abortions: President
Clinton [15AP]
VICE PRESIDENTS OF THE UNITED STATES
Bills and resolutions
Congress: set date for convening of 105th Congress and the date
for the counting of electoral votes for President and Vice
President (see H.J. Res. 198) [28SE]
Government: require comparable treatment of the President, Vice
President, Members of Congress and certain high-level
Government employees with Federal employees during Government
shutdown (see H.R. 2855, 2882) [5JA] [25JA]
Presidential Debate Commission: establish on an ongoing basis and
require nominees for President and Vice President to
participate in debates to receive Federal funding for party
conventions (see H.R. 4310) [28SE]
VIETNAM, SOCIALIST REPUBLIC OF
Bills and resolutions
Dept. of Defense: provide compensation to certain Vietnamese who
were employed during the Vietnamese Conflict (see H.R. 3668)
[18JN]
Human rights: release of Buddhist monks and civilians and Roman
Catholic monks and priests (see H. Con. Res. 179) [16MY]
Refugees: treatment of adult children of Vietnamese reeducation
camp internees relative to resettlement in the U.S. (see H.
Res. 493) [30JY]
VIETNAMESE CONFLICT
related term(s) War
Bills and resolutions
Dept. of Defense: provide compensation to certain Vietnamese who
were employed during the Vietnamese Conflict (see H.R. 3668)
[18JN]
Dept. of Veterans Affairs: extend benefits to certain children of
Vietnam veterans born with spina bifida (see H.R. 3927) [31JY]
------priority health care to certain veterans exposed to
hazardous or radioactive substances (see H.R. 3643) [13JN]
Reports filed
Priority Health Care to Certain Veterans Exposed to Hazardous or
Radioactive Substances: Committee on Veterans Affairs (House)
(H.R. 3643) (H. Rept. 104-648) [27JN]
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
Bills and resolutions
Amend (see H.R. 4322) [28SE]
Reports filed
Release of Relevant Information on Violent Sex Offenders:
Committee on the Judiciary (House) (H.R. 2137) (H. Rept. 104-
555) [6MY]
VIRGIN ISLANDS
Bills and resolutions
Christiansted National Historic Site: transfer of management
authority (see H.R. 3635) [13JN]
Government: temporary absence of executive officials and priority
payment of certain bonds and other obligations (see H.R. 3634)
[13JN]
VIRGINIA
Bills and resolutions
Chesapeake Bay: establish a program to provide environmental
assistance to non-Federal interests (see H.R. 3309) [24AP]
Hurricanes: disaster assistance for States impacted by Hurricane
Fran (see H.R. 4046) [11SE]
Smithsonian Institution: authorize construction of the National
Air and Space Museum Dulles Center (see H.R. 3933) [31JY]
Washington Metropolitan Area Transit Regulation Compact:
congressional consent to amendments made by Maryland,
Virginia, and the District of Columbia (see H.J. Res. 194)
[17SE]
Reports filed
Metropolitan Washington Airports Authority Board of Review
Abolishment: Committee on Transportation and Infrastructure
(House) (H.R. 1036) (H. Rept. 104-596) [29MY]
VISCLOSKY, PETER J. (a Representative from Indiana)
Appointments
Conferee: H.R. 3675, Dept. of Transportation and related agencies
appropriations [5SE]
Bills and resolutions introduced by
Railroads: improve safety at grade crossings (see H.R. 3000)
[29FE]
Taxation: treatment of corporations (see H.R. 3102) [14MR]
VOLKMER, HAROLD L. (a Representative from Missouri)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 2854, Agricultural Market Transition Act [14MR]
Bills and resolutions introduced by
Elections: constitutional amendment relative to expenditure of
money to elect public officials (see H.J. Res. 187) [25JY]
------spending limits on Federal campaigns (see H.R. 3658) [13JN]
Motor vehicles: remove limitations on maximum driving and on-duty
time of utility vehicle operators and drivers (see H.R. 3492)
[16MY]
Motions offered by
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
Terrorism: improve U.S. ability to respond to terrorist threats
(H.R. 2703) [13MR]
[[Page 3159]]
VOLUNTEER FIREFIGHTERS
see Firefighters
VOLUNTEER WORKERS
related term(s) Community Service
Bills and resolutions
Government regulations: allow State and local government workers
to perform volunteer services for their employer without
requiring overtime pay (see H.R. 3054) [7MR]
Peace Corps: anniversary (see H.J. Res. 158) [31JA]
Radio: utilization of volunteer workers relative to amateur radio
service (see H.R. 3207) [29MR]
Volunteer firefighters: issue commemorative postage stamp (see H.
Con. Res. 173) [9MY]
VOTES IN HOUSE
Recorded
Accountable Pipeline Safety and Partnership Act (S. 1505): enact
[27SE]
Adoption Promotion and Stability Act (H.R. 3286): enact [10MY]
------Young of Alaska amendment (Native American adoption and
child custody proceedings) [10MY]
Agricultural Market Transition Act (H.R. 2854): Boehlert amendment
(establish environmental conservation acreage reserve
programs) [29FE]
------Chabot amendment (eliminate marketing loan programs for
cotton producers and require payment of outstanding loans)
[28FE]
------conference report [28MR]
------consideration (H. Res. 366) [28FE]
------consideration (H. Res. 366), previous question [28FE]
------Dooley amendment (award grants relative to development of
progressive food production methods) [29FE]
------enact [29FE]
------Foley amendment (acquisition of land in Everglades
Agricultural Area) [29FE]
------Miller of Florida amendment (sugar price support programs)
[28FE]
------Peterson of Minnesota motion to instruct conferees
(Conservation Reserve Program reauthorization) [14MR]
------Shays amendment (peanut price support programs) [28FE]
------Solomon amendment (dairy product price support programs)
[28FE]
------Stenholm amendment (en bloc) [29FE]
------Stenholm motion to recommit [29FE]
Agriculture, rural development, FDA, and related agencies programs
appropriations (H.R. 3603): authorizing [12JN]
------conference report [1AU]
------DeFazio amendment (Animal Damage Control Program funding)
[12JN]
------Durbin amendment (remove tobacco from crop insurance
programs) [12JN]
------Kennedy of Massachusetts amendment (use of Market Access
Program for export or sale of alcoholic beverages) [12JN]
------Kolbe amendment (peanut price supports) [12JN]
Airline Pilot Hiring and Safety Act (H.R. 3536): enact [22JY]
American Land Sovereignty Protection Act (H.R. 3752): enact [26SE]
American Overseas Interests Act (H.R. 1561): conference report
[12MR]
------consideration of conference report (H. Res. 375) [12MR]
------veto [30AP]
Antarctic Environmental Protection Act (H.R. 3060): enact [10JN]
Antiterrorism and Effective Death Penalty Act (S. 735): conference
report [18AP]
------consideration of conference report (H. Res. 405) [18AP]
------consideration of conference report (H. Res. 405), previous
question [18AP]
Assault weapons and large capacity ammunition feeding devices ban
(H.R. 125): consideration (H. Res. 388) [22MR]
------repeal [22MR]
Aviation Disaster Family Assistance Act (H.R. 3923): enact [18SE]
Aviation Security and Antiterrorism Act (H.R. 3953): consideration
(H. Res. 508) [2AU]
------enact [2AU]
Bi-State Development Agency (H.J. Res. 78): consent of Congress
[12MR]
Budget 1997-2002 (H. Con. Res. 178): conference report [12JN]
------consideration (H. Res. 435) [16MY]
------consideration of conference report (H. Res. 450) [12JN]
------Orton amendment (substitute) [16MY]
------Payne of New Jersey amendment (substitute) [16MY]
------Sabo amendment (substitute) [16MY]
------Sabo motion to instruct conferees [30MY]
------setting forth [16MY]
Campaign Finance Reform Act (H.R. 3820): consideration (H. Res.
481) [25JY]
------consideration (H. Res. 481), previous question [25JY]
------enact [25JY]
------Fazio amendment (substitute) [25JY]
------Fazio motion to recommit (independent expenditures) [25JY]
Central Utah Conservancy District Federal repayment contracts
(H.R. 1823): prepayment [30AP]
Child Pilot Safety Act (H.R. 3267): prohibit [22JY]
Chornobyl nuclear reactor accident (H. Con. Res. 167): anniversary
[21MY]
Church Arson Prevention Act (H.R. 3525): enact [18JN]
Coastal Zone Protection Act (H.R. 1965): enact [23AP]
Columbia River hydroelectric facility employees (H.R. 3163): tax
treatment [28SE]
Committee on International Relations (House) investigation into
U.S. role in Iranian arms transfers to Croatia and Bosnia (H.
Res. 416): authorize [8MY]
------previous question [8MY]
Committee on International Relations (House) investigation into
U.S. role in Iranian arms transfers to Croatia and Bosnia (H.
Res. 417): funding [8MY]
Common Sense Legal Standards Reform Act (H.R. 956): conference
report [29MR]
------consideration of conference report (H. Res. 394) [29MR]
------Conyers motion to instruct conferees (jurisdiction of
Federal courts over foreign manufacturers) [29FE]
------veto [9MY]
Comprehensive AIDS Resources Emergency Act (S. 641): conference
report [1MY]
Comprehensive Antiterrorism Act (H.R. 2703): Barr amendment
(monitoring of telecommunication activities and immigration
exclusions relative to membership in terrorist organizations)
[13MR]
------consideration (H. Res. 380) [13MR]
------Conyers amendment (substitute) [14MR]
------Conyers motion to recommit [14MR]
------Watt amendment (reform habeas corpus procedures) [14MR]
Comprehensive Methamphetamine Control Act (H.R. 3852): enact
[26SE]
Condemn efforts to distort historical reality of the Holocaust and
recognize work of U.S. Holocaust Memorial Museum (H. Res.
316): approve [16AP]
Congress (H. Con. Res. 141): adjournment [1FE]
Congress (H. Con. Res. 203): adjournment [26JY]
Congress (H. Res. 465): consideration of adjournment [27JN]
Congressional gold medal for Billy and Ruth Graham (H.R. 2657):
award [23JA]
Congressional Pension Forfeiture Act (H.R. 4011): enact [26SE]
Constitutional amendment to require a three-fifths majority on the
passage of legislation increasing revenue (H.J. Res. 159):
Canady motion to table Skaggs motion to reconsider question of
consideration [15AP]
------consideration (H. Res. 395) [15AP]
------consideration (H. Res. 395), McInnis motion to table Skaggs
motion to reconsider previous question [15AP]
------consideration (H. Res. 395), McInnis motion to table Skaggs
motion to reconsider [15AP]
------consideration (H. Res. 395), previous question [15AP]
------propose for ratification [15AP]
------Skaggs question of consideration [15AP]
Continuing appropriations (H.J. Res. 163): making [14MR]
Continuing appropriations (H.J. Res. 165): consideration (H. Res.
386) [21MR]
------consideration (H. Res. 386), previous question [21MR]
------making [21MR]
------Obey motion to recommit [21MR]
Continuing appropriations (H.J. Res. 175): making [24AP]
Continuing appropriations (H.R. 2880): Bonior motion to recommit
[25JA]
------making [25JA]
Continuing appropriations (H.R. 3019): consideration (H. Res. 372)
[7MR]
------consideration (H. Res. 372), Dreier amendment (technical)
[7MR]
------Crapo amendment (establish a deficit reduction trust fund
and reduce discretionary spending limits) [7MR]
------Istook amendment (disclosure of lobbying activities by
Federal grantees) [7MR]
------Lowey amendment (State determination on the use of Medicaid
funds for abortion in the case of rape or incest) [7MR]
------making [7MR] [25AP]
------Obey motion to instruct conferees [21MR]
------Obey motion to recommit (Sec. of Veterans Affairs travel and
office personnel funding) [7MR]
Contract With America Advancement Act (H.R. 3136): Archer motion
to table Bonior appeal of the ruling of the Chair [28MR]
------consideration (H. Res. 391) [28MR]
------consideration (H. Res. 391), previous question [28MR]
------consideration of Bonior motion to recommit (minimum wage
level) relative to unfunded mandates point of order [28MR]
------enact [28MR]
------Orton motion to recommit [28MR]
Cooperative Fisheries Management Act (H.R. 2160): enact [23AP]
Crimes Against Children and Elderly Persons Increased Punishment
Act (H.R. 2974): enact [7MY]
------Slaughter amendment (Federal jurisdiction and sentencing
relative to rape and sexual assault) [7MY]
------Watt amendment (U.S. Sentencing Commission review of
sentencing guidelines) [7MY]
Cuban Liberty and Democratic Solidarity Act (H.R. 927): conference
report [6MR]
------consideration of conference report (H. Res. 370) [6MR]
Debt limit enforcement and obligated trust fund protection (H.R.
3021): authorize [7MR]
Defense of Marriage Act (H.R. 3396): Berman motion to recommit
[12JY]
------consideration (H. Res. 474) [11JY]
------enact [12JY]
------Frank amendment (recognition of same-sex marriage) [12JY]
Dept. of Commerce employees and business leaders killed in plane
crash while on trade mission in Croatia (H. Res. 406): tribute
[18AP]
Dept. of Commerce toll-free telephone number to assist consumers
in identifying domestically-produced merchandise (H.R. 447):
establish [4SE]
Dept. of Defense appropriations for military activities and
personnel strengths (H.R. 3230): authorizing [15MY]
------conference report [1AU]
------consideration (H. Res. 430) [10MY]
------DeLauro amendment (performance of abortions at military
medical facilities) [14MY]
------Dellums motion to recommit (Impact Aid Program and missile
defense funding) [15MY]
------Dellums motion to recommit conference report (Impact Aid
Program funding) [1AU]
------Gilman amendment (defense conversion assistance relative to
the former Soviet Republics) [15MY]
[[Page 3160]]
------Klug amendment (minimum active duty requirements for the
Health Profession Scholarship Program) [15MY]
------Klug amendment (Uniformed Services University of the Health
Sciences termination) [15MY]
------Shays amendment (encourage allies to pay more non-salaried
costs of U.S. troops in Europe) [14MY]
------Solomon amendment (Cooperative Threat Reduction Program
funding relative to Russia and Belarus) [15MY]
------Weldon of Pennsylvania motion to close conference committee
meetings [17JY]
Dept. of Defense appropriations for military activities and
personnel strengths (S. 1124): conference report [24JA]
------motion to close conference to public during classified
national security information consideration [5JA]
Dept. of Defense appropriations for military construction, family
housing, and base realignment and closure (H.R. 3517):
conference report [1AU]
------Furse amendment (limitation on use of funds relative to
Spinelli and Taylor Barracks, Mannheim, Germany) [30MY]
------making [30MY]
Dept. of Defense appropriations (H.R. 1530): veto [3JA]
Dept. of Defense appropriations (H.R. 3610): conference report
[28SE]
------DeFazio amendment (national missile defense system) [13JN]
------Livingston motion to close conference to public during
classified national security information consideration [30JY]
------making [13JN]
------Obey amendment (Air Force F-22 fighter aircraft funding)
[13JN]
------Obey amendment (Navy nuclear attack submarine funding)
[13JN]
------Obey amendment (prohibit funding for acquisition programs
with no documented military requirements) [13JN]
------Obey amendment (prohibit use of funds to subsidize mergers
or facilitate downsizing of contractors) [13JN]
------Schroeder amendment (funding levels) [13JN]
------Shays amendment (funding levels) [13JN]
------Young of Florida amendment (reduce funding relative to
budget resolution conference report) [13JN]
Dept. of the Interior and related agencies appropriations (H.R.
1977): veto [4JA]
Dept. of the Interior and related agencies appropriations (H.R.
3662): Dicks amendment (critical habitat designation for
marbled murrelet in northern California) [19JN]
------Farr amendment (Land and Water Conservation Fund land
acquisition and fossil fuel research and development funding)
[19JN]
------Furse amendment (emergency salvage timber sale program)
[20JN]
------Gutknecht amendment (funding levels) [20JN]
------Istook amendment (tax agreements between tribal, State, and
local governments prior to any new Federal land transfers into
tribal trusts) [20JN]
------Kennedy of Massachusetts amendment (Forest Service funding)
[20JN]
------Kennedy of Massachusetts amendment (Forest Service road
construction funding) [19JN]
------making [20JN]
------Miller of California amendment (National Recreation and
Preservation Program funding) [19JN]
------Parker amendment (low-income weatherization assistance
program funding) [20JN]
------Richardson amendment (National Park Service funding) [19JN]
------Richardson amendment (National Wildlife Refuge System
funding) [19JN]
------Sanders amendment (low-income weatherization assistance
program funding through naval petroleum reserves' funding
cuts) [20JN]
------Sanders amendment (payments in lieu of taxes program
funding) [20JN]
------Shadegg amendment (National Endowment for the Arts funding)
[20JN]
------Vento amendment (National Park Service funding) [19JN]
------Walker amendment (fossil fuel research and development
funding) [19JN]
------Yates motion to recommit [20JN]
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies appropriations (H.R.
3756): Gutknecht amendment (discretionary spending levels)
[17JY]
------Gutknecht amendment (reduce number of political appointees)
[16JY]
------Hoyer amendment (Federal Employees Health Benefits Program
coverage of abortion procedures) [17JY]
------making [17JY]
------Metcalf amendment (deny cost-of-living adjustment to
Congress, executive branch officials, and judges) [16JY]
------Solomon amendment (Comptroller of the Currency regulation of
national banks and subsidiaries) [17JY]
------Wise preferential motion that the Commitee of the Whole rise
and report bill back to House [17JY]
Dept. of Transportation and related agencies appropriations (H.R.
3675): Andrews amendment (cost-benefit analysis by States for
surface transportation projects) [27JN]
------Collins of Georgia amendment (conduct NTSB study on
mandatory retirement age for pilots) [27JN]
------conference report [18SE]
------Filner amendment (Railroad Rehabilitation and Improvement
Program funding) [27JN]
------making [27JN]
------Oberstar amendment (FAA funding) [27JN]
Dept. of Veterans Affairs continuing appropriations (H.J. Res.
134): disposition of Senate amendment (H. Res. 336) [5JA]
Depts. of Commerce, Justice, and State and the Judiciary
appropriations (H.R. 2076): veto [3JA]
Depts. of Commerce, Justice, and State and the Judiciary
appropriations (H.R. 3814): Allard amendment (abolish the
Technology Administration) [24JY]
------Collins of Georgia amendment (Federal Prison Industries
contracts relative to Federal market share) [24JY]
------Frank amendment (FCC funding relative to direct broadcast
satellite spectrum) [24JY]
------Ganske amendment (limit issuance of patents on medical
procedures) [24JY]
------Goss amendment (Economic Development Administration funding)
[24JY]
------Gutknecht amendment (discretionary spending levels) [24JY]
------Hostettler amendment (Economic Development Administration
funding) [23JY]
------making [24JY]
------Mollohan amendment (LSC funding) [23JY]
------Radanovich amendment (DEA funding) [23JY]
------Rogers amendment (drug testing initiatives, terrorism
response training for public safety personnel, and court
security funding) [23JY]
------Schroeder amendment (EEOC and the Federal Prison System
funding) [23JY]
------Scott amendment (Juvenile Justice Prevention program
funding) [23JY]
Depts. of Labor, HHS, and Education, and related agencies
appropriations (H.R. 3755): Bunning amendment (use of trust
funds to pay for union activity by Social Security
Administration employees) [11JY]
------consideration (H. Res. 472) [10JY]
------Gutknecht amendment (discretionary spending levels) [11JY]
------Hefley amendment (Corp. for Public Broadcasting funding)
[11JY]
------Hoyer amendment (use of trust funds to pay for union
activity by Social Security Administration employees) [11JY]
------Istook amendment (family planning programs funding) [11JY]
------Lowey amendment (human embryo research funding) [11JY]
------Lowey amendment (National Center for Injury Prevention and
Control funding) [11JY]
------Lowey amendment (women's educational equity programs
funding) [11JY]
------making [11JY]
------Obey amendment (education and job retraining program
funding) [11JY]
------Obey amendment (family planning programs funding) [11JY]
------Pelosi amendment (OSHA use of funds to develop or issue any
standards on ergonomic protection) [11JY]
------Sanders amendment (require reasonable price agreements from
NIH for the sale of drug development research to private
industry) [11JY]
Depts. of Veterans Affairs and HUD, and sundry independent
agencies appropriations (H.R. 3666): conference report [24SE]
------consideration (H. Res. 456) [25JN]
------Gutknecht amendment (funding levels) [26JN]
------Hefley amendment (EPA's leaking underground storage tank
program funding) [26JN]
------Hostettler amendment (Corp. for National and Community
Service funding) [26JN]
------Kennedy of Massachusetts amendment (homeless assistance)
[25JN]
------making [26JN]
------Lazio amendment (Dept. of HUD's elderly, disabled, and
assisted housing programs funding) [26JN]
------Markey amendment (prohibit use of Superfund Program funds to
implement any retroactive liability reimbursement) [26JN]
------Roemer amendment (NASA funding of Russian animal research
programs) [26JN]
------Sanders amendment (Court of Veterans Appeals funding) [26JN]
------Shays amendment (Dept. of HUD's Housing Opportunities for
Persons with AIDS program funding) [26JN]
------Stokes motion to instruct conferees [11SE]
------Stokes motion to recommit (Corp. for National and Community
Service funding) [26JN]
------Walker Amendment (NSF research funding) [26JN]
District of Columbia appropriations (H.R. 2546): conference report
[31JA]
------Dixon motion to recommit conference report (voucher program
to provide school choice) [31JA]
District of Columbia appropriations (H.R. 3845): conference report
[1AU]
------Gutknecht amendment (dicretionary spending levels) [22JY]
------making [22JY]
------Norton amendment (funding of abortions) [22JY]
Drug-Induced Rape Prevention and Punishment Act (H.R. 4137): enact
[26SE]
Economic Espionage Act (H.R. 3723): enact [17SE]
Electronic Freedom of Information Improvement Act (H.R. 3802):
enact [17SE]
Employee Commuting Flexibility Act (H.R. 1227): consideration (H.
Res. 440) [22MY]
------consideration of Riggs amendment (minimum wage level)
relative to unfunded mandate point of order [23MY]
------enact [23MY]
------Goodling amendment (minimum wage level) [23MY]
------Goodling amendment (small business exemption to minimum wage
level) [23MY]
------Riggs amendment (minimum wage level) [23MY]
Energy and water development appropriations (H.R. 3816):
conference report [12SE]
------Klug amendment (TVA funding) [24JY]
------making [25JY]
------Markey amendments (en bloc) [25JY]
------Obey amendment (Advanced Light Water Reactor Program
funding) [25JY]
------Petri amendment (Animas La Plata water storage project
funding) [24JY]
------Rohrabacher amendment (photovoltaic energy research funding)
[24JY]
[[Page 3161]]
------Schaefer amendment (renewable energy programs funding)
[25JY]
English Language Empowerment Act (H.R. 123): consideration (H.
Res. 499) [1AU]
------enact [1AU]
------Serrano amendment (encourage status as primary language and
recognize importance of multilingualism) [1AU]
------Serrano motion to recommit (encourage status as primary
language and recognize importance of multilingualism) [1AU]
Executive Office of the President (H.R. 3452): applicability of
certain laws [24SE]
Export assistance agency authority (H.R. 3759): extend [11SE]
FAA programs (H.R. 3539): conference report [27SE]
------consideration of conference report (H. Res. 540) [27SE]
------reauthorize [11SE]
False Statements Accountability Act (H. Res. 535): enact [26SE]
Federal civilian science activities appropriations (H.R. 3322):
Brown of California amendment (substitute) [29MY]
------Ehlers amendment (change name of NSF to National Science and
Engineering Foundation) [29MY]
------Jackson-Lee amendment (Environmental Technology Initiative
funding) [30MY]
------Jackson-Lee amendment (NASA funding) [30MY]
------Lofgren amendment (long-term climate and global change
research funding) [30MY]
------Lofgren amendment (NSF funding) [29MY]
------Roemer amendment (space station program funding) [30MY]
------Scott amendment (advanced subsonic technology research
program funding) [30MY]
------Weldon of Florida amendment (NASA funding) [30MY]
Federal paperwork burden (H.R. 2715): reduce [24AP]
Financial markets (H.R. 3005): regulation and management [19JN]
Food Quality Protection Act (H.R. 1627): enact [23JY]
Foreign operations, export financing, and related programs
appropriations (H.R. 3540): Burton amendment (AID funding)
[5JN]
------Burton amendment (suspend developmental assistance to India
relative to human rights violations) [5JN]
------Frank amendment (international military education and
training assistance to Indonesia) [11JN]
------making [11JN]
------Manzullo amendment (Eximbank funding) [5JN]
------Obey amendment (Eximbank funding) [5JN]
------Obey amendment (international military education and
training funding) [5JN]
------Radanovich amendment (restrict U.S. assistance to Turkey
relative to acknowledgement of Armenian genocide and honoring
of victims) [5JN]
------Traficant amendment (limit funds for purchase of products
that are not made in the U.S. or in the beneficiary country)
[5JN]
------Visclosky amendment (limit foreign aid to countries that
restrict the delivery of U.S. humanitarian assistance to other
countries) [5JN]
Gasoline tax (H.R. 3415): consideration (H. Res. 436), previous
question [21MY]
------Rangel motion to recommit [21MY]
------repeal [21MY]
George Bush School of Government and Public Service Act (H.R.
3803): enact [17SE]
Government Accountability Act (H.R. 3166): enact [17JY]
Government spending and regulatory programs (H. Con. Res. 193):
reduce [10JY]
Health Insurance Portability and Accountability Act (H.R. 3103):
conference report [1AU] 5------consideration (H. Res. 392),
previous question [28MR]
------Dingell amendment (substitute) [28MR]
------Dingell motion to instruct conferees (medical savings
account programs) [11JN]
------enact [28MR]
------Pallone motion to recommit [28MR]
------Stark motion to recommit conference report (mental health
insurance provisions) [1AU]
Helium Privatization Act (H.R. 3008): enact [30AP]
House of Representatives: adjournment [26JN] [31JY]
House Rules: permission for Representative Doggett to use exhibit
[31JY]
------permission for Representative Doggett to use exhibit, Castle
motion to table Wise motion to reconsider [31JY]
------permission for Representative Ward to use exhibit [31JY]
------permission for Representative Ward to use exhibit, Largent
motion to table McDermott motion to reconsider [31JY]
House Rules relative to the declaration of recess by the Speaker
(H. Res. 330): authorize [5JA]
Illegal immigrants' access to public education (H.R. 4134): deny
[25SE]
Illegal Immigration Reform and Immigrant Responsibility Act (H.R.
2202): Beilenson amendment (installation of physical barriers
at high incidence illegal entry areas) [20MR]
------Bryant of Tennessee amendment (public hospital reimbursement
for treating illegal aliens) [20MR]
------Bryant of Texas motion to recommit conference report [25SE]
------Bryant of Texas motion to recommit (nonimmigrant worker
regulations relative to protection of U.S. workers) [21MR]
------Burr amendment (extend nonimmigrant nurse program) [21MR]
------Canady amendment (English language proficiency requirement
for immigrants) [20MR]
------Chabot amendment (INS Investigations Division staffing
positions) [20MR]
------Chrysler amendment (limits on admission of legal immigrants)
[21MR]
------conference report [25SE]
------consideration of conference report (H. Res. 528) [25SE]
------consideration (H. Res. 384) [19MR]
------Conyers motion to instruct conferees (increased personnel
levels for Dept. of Labor wage and hour inspection and
enforcement relative to hiring of illegal immigrants) [11SE]
------Dreier amendment (refugee admittance limitations) [20MR]
------enact [21MR]
------Gallegly amendment (deny public education to illegal aliens)
[20MR]
------Gallegly amendment (establish program in certain States
requiring use of a toll-free number to verify employee status)
[20MR]
------Goodlatte amendment (agricultural immigrant worker program
requirements) [21MR]
------McCollum amendment (prevent Social Security cards
counterfeiting) [20MR]
------Pombo amendment (agricultural immigrant worker program
requirements) [21MR]
------Velazquez amendment (bar U.S. citizens receiving certain
benefits through illegal aliens) [20MR]
Independent counsel report on Representative Gingrich relative to
GOPAC (H. Res. 526): Armey motion to table [19SE]
Independent counsel report on Representative Gingrich relative to
GOPAC (H. Res. 532): Armey motion to table [24SE]
Intelligence services appropriations (H.R. 3259): Conyers
amendment (require separate unclassified statements for
aggregate amounts of budget outlays for intelligence
activities) [22MY]
------Frank amendment (funding level) [22MY]
------Richardson amendment (use of media correspondents as
intelligence agents) [22MY]
------Sanders amendment (funding level) [22MY]
------Schroeder amendment (National Reconnaissance Office funding)
[22MY]
International Dolphin Conservation Program Act (H.R. 2823): enact
[31JY]
------Studds amendment (labeling of imported tuna) [31JY]
Interstate Transportation of Municipal Solid Waste Act (S. 534):
consideration (H. Res. 349) [31JA]
Investigation of Representative Gephardt by independent counsel
relative to certain financial transactions (H. Res. 524):
Armey motion to table [19SE]
Investigation of Representative Gephardt by independent counsel
relative to certain financial transactions (H. Res. 531):
Armey motion to table [24SE]
Investigation of Representative Gingrich by independent counsel
relative to GOPAC (H. Res. 468): Armey motion to table [27JN]
Iran and Libya Sanctions Act (H.R. 3107): enact [19JN]
Iranian human rights violations of Bahais (H. Con. Res. 102):
condemn [27MR]
Iraqi gas bomb attack against Kurds (H. Res. 379): anniversary
[27MR]
Journal: question of approval [6MR] [14MR] [29MR] [16AP] [25AP]
[1MY] [10MY] [30MY] [11JN] [12JN] [10JY] [26JY] [31JY] [19SE]
Land Disposal Program Flexibility Act (H.R. 2036): enact [31JA]
Legislative branch of the Government appropriations (H.R. 3754):
Campbell amendment (use of dynamic economic modeling in the
preparation of estimates of proposed changes in Federal
revenue law) [10JY]
------Fazio motion to recommit (House Information Resources
funding) [10JY]
------Gutknecht amendment (discretionary spending levels) [10JY]
------conference report [1AU]
------making [10JY]
Military income taxation relative to services performed during a
contingency operation (H.R. 2778): treatment [5MR]
Missing person status to certain Dept. of Defense civilian and
contractor employees (H.R. 4000): restore [27SE]
Most-favored-nation status for Bulgaria (H.R. 1643): concur with
Senate amendment (H. Res. 328), Armey motion to table Moran
appeal of ruling of the Chair on question of privilege [3JA]
------consideration of motion to dispose of the Senate amendment
(H. Res. 334), previous question [5JA]
------Livingston motion to concur in the Senate amendment with an
amendment [5JA]
Most-favored-nation status for Romania (H.R. 3161): extend [17JY]
Most-favored-nation status for the People's Republic of China
(H.J. Res 182): extend [27JN]
------permission for Representative Pelosi to use exhibit [27JN]
Mother Teresa's honorary U.S. citizenship (H.J. Res. 191): confer
[17SE]
National Marine Fisheries Service laboratory, Gloucester, MA,
conveyance to Massachusetts (H.R. 1358): disposition of Senate
amendment (H. Res. 338) [5JA]
------disposition of Senate amendment (H. Res. 338), previous
question [5JA]
National Park Service coordination of programs and entrance into
cooperative agreements with the National Underground Railroad
Freedom Center (H.R. 4073): authorize [27SE]
National Wildlife Refuge System management (H.R. 1675): improve
[24AP]
NATO Enlargement Facilitation Act (H.R. 3564): enact [23JY]
NTSB appropriations (H.R. 3159): making [22JY]
Ocean Shipping Reform Act (H.R. 2149): consideration (H. Res. 419)
[1MY]
------enact [1MY]
------Oberstar amendment (public disclosure of ocean
transportation contracts) [1MY]
Omnibus Civil Service Reform Act (H.R. 3841): enact [26SE]
Omnibus consolidated appropriations (H.R. 4728): making [28SE]
Omnibus Insular Areas Act (H.R. 1332): enact [28SE]
Omnibus Parks and Public Lands Management Act (H.R. 4236): enact
[28SE]
Opening of campus security crime logs at institutions of higher
education (H. Res. 470): require [11SE]
Partial-birth abortions (H.R. 1833): Canady motion to concur with
Senate amendments [27MR]
[[Page 3162]]
------Canady motion to discharge Committee on the Judiciary
(House) from consideration of veto [19SE]
------consideration (H. Res 389) [27MR]
------veto [19SE]
Payment of Social Security benefits relative to the debt limit
extension (H.R. 2924): consideration (H. Res. 355) [1FE]
------ensure [1FE]
Private Security Officer Quality Assurance Act (H.R. 2092): enact
[26SE]
Public debt ceiling (H.R. 2409): engrossment (H. Res. 356),
Solomon motion to table Volkmer appeal of the ruling of the
Chair [1FE]
Public welfare programs reform pursuant to budget reconciliation
(H.R. 3734): conference report [31JY]
------consideration (H. Res. 482) [18JY]
------consideration (H. Res. 495) [31JY]
------consideration (H. Res. 495), previous question [31JY]
------Ney amendment (work requirements for food stamps
eligibility) [18JY]
------provide [18JY]
------Sabo motion to instruct conferees (effects on child poverty
and State and local governments) [24JY]
------Tanner amendment (substitute) [18JY]
------Tanner motion to recommit (allow States to continue
assistance aimed at children after welfare eligibility
expires) [18JY]
Question of privilege relative to public debt ceiling (H. Res.
354): Solomon motion to table the Jackson-Lee appeal of the
ruling of the Chair [1FE]
Regional South Pacific organizations (H. Con. Res. 189): U.S.
membership [26SE]
Regional stability and defense relative to the Repulic of China
(H. Con. Res. 148): U.S. policy [19MR]
Release of relevant information on violent sex offenders (H.R.
2137): require [7MY]
Roman L. Hruska U.S. Courthouse, Omaha, NE (H.R. 3400): designate
[10JN]
Ronald H. Brown (H. Res. 406): tribute [18AP]
Russian Armed Forces in Moldova (H. Con. Res. 145): removal [26SE]
Saddleback Mountain-Arizona Settlement Act (S. 1341): enact [23JA]
Safe Drinking Water Act (S. 1316): conference report [2AU]
Same-day consideration of certain resolutions (H. Res. 342): amend
[25JA]
Same-day consideration of certain resolutions (H. Res. 412): amend
[25AP]
------previous question [25AP]
Same-day consideration of certain resolutions and consideration of
legislation under suspension of House Rules (H. Res. 525):
allow [24SE]
Same-day consideration of certain resolutions and consideration of
legislation under suspension of House Rules (H. Res. 546):
allow [28SE]
Sexual Offender Tracking and Identification Act (H.R. 3456): enact
[26SE]
Shipbuilding Trade Agreement Act (H.R. 2754): Bateman amendment
(shipbuilding loan guarantee program) [13JN]
------enact [13JN]
Small Business Job Protection Act (H.R. 3448): Clay motion to
instruct conferees (minimum wage level) [26JY]
------conference report [2AU]
------consideration (H. Res. 440) [22MY]
------enact [22MY]
Small business programs (H.R. 3719): improve [5SE]
Snoqualmie National Forest Boundary Adjustment Act (H.R. 3497):
enact [26SE]
Student Debt Reduction Act (H.R. 3863): enact [11SE]
Sustainable Fisheries Act (S. 39): enact [27SE]
Taxpayer rights (H.R. 2337): safeguard [16AP]
Technical corrections to certain laws relative to Native Americans
(H.R. 2726): authorize [23JA]
Telecommunications Act (S. 652): conference report [1FE]
------consideration of conference report (H. Res. 353) [1FE]
Terrorist activities in Israel (H. Con. Res. 149): condemn [12MR]
Truth in Budgeting Act (H.R. 842): enact [17AP]
------Minge amendment (use of highway trust fund relative to
specific highway construction projects) [17AP]
U.S. Armed Forces Protection Act: Bartlett amendment (prohibit
Armed Forces members from wearing U.N. uniform items) [5SE]
------enact [5SE]
U.S. Housing Act (H.R. 2406): consideration (H. Res. 426) [8MY]
------Durbin amendment (illegal possession or discharge of
firearms in public housing zones) [9MY]
------enact [9MY]
------Fields of Louisiana amendment (require membership by tenants
on housing authorities boards) [8MY]
------Frank amendment (rent cap for low-income housing) [9MY]
------Kennedy of Massachusetts motion to recommit (rent cap for
low-income housing) [9MY]
------Maloney amendment (ownership of pets by senior citizens and
the disabled in public housing) [9MY]
------Velazquez amendment (minimum tenant rent contribution for
public housing) [9MY]
U.S. Marshals Service Improvement Act (H.R. 2641): consideration
(H. Res. 418), previous question [1MY]
------enact [1MY]
U.S. policy towards the People's Republic of China (H. Res. 461):
review [27JN]
Ukrainian democratic and sovereignty efforts and political and
economic progress (H. Con. Res. 120): support [4SE]
Utah wilderness lands (H.R. 1745): consideration (H. Res. 303),
previous question [15MY]
Veterans' Health Care Eligibility Reform Act (H.R. 3118): enact
[30JY]
Waivers submitted by Wisconsin to conduct ``Wisconsin Works''
welfare reform project (H.R. 3562): approve [6JN]
------consideration (H. Res. 446) [6JN]
------Kleczka amendment (substitute) [6JN]
White House Travel Office individuals terminated from employment
(H.R. 2937): relief [19MR]
William J. Nealon U.S. Courthouse, Scranton, PA (H.R. 3364):
designate [10JN]
Working Families Flexibility Act (H.R. 2391): consideration (H.
Res. 488) [26JY]
------enact [30JY]
VOTING
Bills and resolutions
Capitol Building and Grounds: restoration of statue honoring
women's suffrage and relocation to the rotunda (see H. Con.
Res. 216) [24SE]
Civil liberties: secure rights of former felons who have been
released from incarceration (see H.R. 3028) [6MR]
Elections: extend the period for receipt of certain absentee
ballots (see H.R. 3058) [8MR]
------reform voter registration procedures (see H.R. 4209) [26SE]
FEC: authorizing appropriations (see H.R. 3461) [15MY]
House of Representative: access to voting records and legislative
activities of Members through the official Internet home page
(see H. Res. 454) [12JN]
Selma, AL: recognition of Brown Chapel African Methodist Episcopal
Church as symbol of the struggle for and achievement of
African-American voting rights (see H. Res. 487) [22JY]
Reports filed
Eliminate Bilingual Voting Requirements: Committee on the
Judiciary (House) (H.R. 351) (H. Rept. 104-728) [31JY]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL
Bills and resolutions
Establish (see H.R. 3298, 3880) [23AP] [23JY]
VUCANOVICH, BARBARA F. (a Representative from Nevada)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
Bills and resolutions introduced by
Dept. of Defense: making appropriations for military construction,
family housing, and base realignment and closure (see H.R.
3517) [23MY]
Dept. of Energy: establish a National Test and Demonstration
Center of Excellence at the Nevada test site (see H.R. 2899)
[25JA]
FDA: require full documentation of breast implant information (see
H. Res. 449) [6JN]
Health: allow marketing of Sensor Pad medical device to aid in
breast self-examination (see H.R. 3504) [22MY]
Tariff: certain silver and gold bars (see H.R. 3615) [11JN]
Taxation: treatment of veterans' reemployment rights (see H.R.
3104) [18MR]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Conference reports
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure (H.R. 3517) [30JY]
Reports filed
Dept. of Defense Appropriations for Military Construction, Family
Housing, and Base Realignment and Closure: Committee of
Conference (H.R. 3517) (H. Rept. 104-721) [30JY]
------Committee on Appropriations (House) (H.R. 3517) (H. Rept.
104-591) [23MY]
WAGES
see Income
WALDHOLTZ, ENID GREENE (a Representative from Utah)
Bills and resolutions introduced by
Abortion: prohibit partial-birth abortions (H.R. 1833),
consideration of Senate amendments (see H. Res. 389) [22MR]
House Rules: authority of the Speaker to declare recess (see H.
Res. 352) [31JA]
Reports filed
Consideration of Senate Amendments to H.R. 1833, Prohibit Partial-
Birth Abortions: Committee on Rules (House) (H. Rept. 104-492)
[22MR]
House Rules Relative to the Speaker's Authority To Declare Recess:
Committee on Rules (House) (H. Res. 352) (H. Rept. 104-457)
[31JA]
WALKER, ROBERT S. (a Representative from Pennsylvania)
Appointments
Conferee: H. Con. Res. 178, setting forth the Federal budget for
1997-2002 [30MY]
------H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------H.R. 3539, FAA programs reauthorization [24SE]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Antarctic Treaty: implement Protocol on Environmental Protection
(see H.R. 3060) [12MR]
------implement Protocol on Environmental Protection (H.R. 3060),
technical corrections (see H. Con. Res. 211) [10SE]
China, People's Republic of: most-favored-nation status (see H.J.
Res. 181) [12JN]
Dept. of Energy: authorize hydrogen research, development, and
demonstration programs (see H.R. 4138) [24SE]
------extension of Electric and Magnetic Fields Research and
Public Information Dissemination Program (see H.R. 4013) [2AU]
Foreign trade: duty-free treatment of certain materials used in
the Gemini Telescope Project (see H.R. 3951) [2AU]
[[Page 3163]]
Science: authorizing appropriations for Federal civilian science
activities (see H.R. 3322) [25AP]
Space policy: encourage the development of a commercial space
industry (see H.R. 3936) [1AU]
Tariff: scientific instruments and apparatus (see H.R. 3952) [2AU]
Motions offered by
House Rules: same-day consideration of certain resolutions and
consideration of legislation under suspension of the rules (H.
Res. 546) [28SE]
Reports filed
Commercial Space Industry Development: Committee on Science
(House) (H.R. 3936) (H. Rept. 104-801) [17SE]
Federal Civilian Science Activities Appropriations: Committee on
Science (House) (H.R. 3322) (H. Rept. 104-550) [1MY]
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
Protocol on Environmental Protection to the Antarctic Treaty
Implementation: Committee on Science (House) (H.R. 3060) (H.
Rept. 104-593) [23MY]
WALSH, JAMES T. (a Representative from New York)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3603, agriculture, rural development, FDA, and related
agencies programs appropriations [30JY]
------H.R. 3666, Depts. of Veterans Affairs and HUD, and sundry
independent agencies appropriations [11SE]
------H.R. 3845, District of Columbia appropriations [26JY]
Bills and resolutions introduced by
District of Columbia: making appropriations (see H.R. 3845) [18JY]
------making continuing appropriations (see H.J. Res. 153) [3JA]
Reports filed
District of Columbia Appropriations: Committee of Conference (H.R.
2546) (H. Rept. 104-455) [31JA]
------Committee of Conference (H.R. 3845) (H. Rept. 104-740) [1AU]
------Committee on Appropriations (House) (H.R. 3845) (H. Rept.
104-689) [18JY]
WAMP, ZACH (a Representative from Tennessee)
Appointments
Conferee: S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Elections: campaign ethics reform and contribution limits (see
H.R. 3800) [12JY]
WAR
related term(s) Korean War; Persian Gulf Conflict; Vietnamese Conflict;
World War II
Bills and resolutions
American Battle Monuments Commission: repair and maintenance of
war memorials (see H.R. 3248, 3673) [16AP] [19JN]
Arlington National Cemetery: reburial of unknown Civil War
soldiers (see H.R. 3854, 3855) [18JY]
Black Revolutionary War Patriots Foundation: extend authority to
establish commemorative work (see H.R. 3707) [25JN]
Dept. of Defense: provide compensation to certain Vietnamese who
were employed during the Vietnamese Conflict (see H.R. 3668)
[18JN]
International law: provide criminal penalties under the Geneva
Conventions for certain war crimes (see H.R. 3680) [19JN]
International Red Cross: recognition of non-Christian symbols (see
H. Res. 464) [25JN]
International relations: improve awareness, detection, and
clearance of antipersonnel landmines and explosive ordnance
(see H.R. 3725) [26JN]
Japan: treatment of U.S. military and civilian POW's during World
War II (see H. Con. Res. 176) [10MY]
Korean War: mint coins in commemoration of Puerto Ricans who
served in the 65th Infantry Regiment (see H.R. 3228) [29MR]
------tribute to Puerto Ricans who served in the 65th Infantry
Regiment (see H. Con. Res. 159) [29MR]
POW: provide medical care and disability benefits to civilians
forcibly detained by an enemy government or hostile force
under wartime conditions (see H.R. 3084) [14MR]
Roosevelt, Theodore: award the Congressional Medal of Honor (see
H.R. 3966) [2AU]
Veterans: authorize the Pyramid of Remembrance Foundation to
establish a memorial dedicated to soldiers who have died in
foreign conflicts (see H.R. 3442) [10MY]
------extend pay benefits to certain merchant mariners who served
during or immediately after World War II (see H.R. 3614)
[11JN]
------presumption of service connection for certain diseases and
disabilities relative to exposure to carbon tetrachloride (see
H.R. 2891) [25JA]
World War II: tribute to people of Crete for heroic endeavor and
sacrifice (see H. Res. 441) [23MY]
Reports filed
Criminal Penalties Under the Geneva Conventions for Certain War
Crimes: Committee on the Judiciary (House) (H.R. 3680) (H.
Rept. 104-698) [24JY]
Repair and Maintenance of War Memorials by the American Battle
Monuments Commission: Committee on Veterans Affairs (House)
(H.R. 3673) (H. Rept. 104-649) [27JN]
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
WARD, MIKE (a Representative from Kentucky)
Bills and resolutions introduced by
Dept. of Defense: early deferred annuities for certain employees
who are separated from service due to defense base closures
(see H.R. 3279) [18AP]
WASHINGTON, DC
see District of Columbia
WASHINGTON, GEORGE (1st President of the United States)
Appointments
George Washington's birthday ceremonies delegation [9FE]
WASHINGTON (State)
Bills and resolutions
Colville National Forest: conduct an adaptive forest management
research program (see H.R. 3485) [16MY]
Courts: divide the ninth judicial circuit into two circuits (see
H.R. 2935) [1FE]
Fort Lewis, WA: land exchange with Weyerhaeuser Real Estate Co.
(see H.R. 2859) [5JA]
Snoqualmie National Forest: expand boundaries (see H.R. 3497)
[21MY]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
Wenatchee National Forest: land exchange with Chelan County, WA
(see H.R. 3581) [5JN]
Reports filed
Preserve and Protect Columbia River's Hanford Reach Area:
Committee on Resources (House) (H.R. 2292) (H. Rept. 104-716)
[29JY]
Snoqualmie National Forest Boundary Expansion: Committee on
Resources (House) (H.R. 3497) (H. Rept. 104-816) [23SE]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
WASTE
see Refuse Disposal; Sewage Disposal
WASTE ISOLATION PILOT PLANT LAND WITHDRAWAL ACT
Reports filed
Amendments: Committee on Commerce (House) (H.R. 1663) (H. Rept.
104-540) [25AP]
WATER
related term(s) Ecology and Environment
Appointments
Conferees: H.R. 3816, energy and water development appropriations
[5SE]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Water Rights Task Force [5SE]
Bills and resolutions
Agriculture: fair payment for use of Bureau of Reclamation water
(see H.R. 3917) [30JY]
Business and industry: adjust the maximum hour exemption for water
delivery company employees (see H.R. 3326) [25AP]
California: enhance water quality and supply (see H.R. 4048)
[11SE]
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Coastal zones: clarify Corps of Engineers responsibilities to
promote and carry out shore protection projects (see H.R.
3551) [29MY]
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
Dams: delegation of dam safety authority to State governments (see
H.R. 3641) [13JN]
------reduce hazards of dam failures (see H.R. 3602) [6JN]
Deepwater Port Act: amend (see H.R. 2940) [1FE]
Diseases: establish estrogenic substance screening programs (see
H.R. 3293) [23AP]
District of Columbia: permit council to authorize the issuance of
revenue bonds relative to water and sewer facilities (see H.R.
3663) [18JN]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
------sediments decontamination technology (see H.R. 3112) [19MR]
Energy and water development: making appropriations (see H.R.
3816) [16JY]
------making appropriations (H.R. 3816), consideration (see H.
Res. 483) [18JY]
EPA: revise water quality criteria for ammonia (see H.R. 4107)
[18SE]
Fall River County, SD: construction of rural water system (see
H.R. 3985) [2AU]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
Irrigation: extend contracts for irrigation projects in Nebraska
and Kansas (see H.R. 3350) [30AP]
------technical assistance for the Chickasaw Basin Authority (see
H.R. 3325) [25AP]
Labeling: requirements for bottled drinking water (see H.R. 3944)
[1AU]
Land use: treatment of Federal and non-Federal reclamation
projects (see H.R. 3041) [7MR]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Montana: authorize the construction of the Fort Peck Rural County
Water Supply System (see H.R. 4188) [25SE]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4030, 4034) [5SE]
New Mexico: redesignate the Jemez Canyon Dam as Tamaya Dam (see
H.R. 2989) [28FE]
Perkins County, SD: construction of rural water system (see H.R.
3986) [2AU]
Public utilities: biological monitoring and whole effluent
toxicity tests in connection with publicly owned treatment
works (see H.R. 3948) [1AU]
Reclamation Wastewater and Groundwater Study and Facilities Act:
amend (see H.R. 3660) [17JN]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
------funding for dredged material disposal relative to wetlands
(see H.R. 3152) [22MR]
Safe Drinking Water Act: amend (see H.R. 3038, 3604) [6MR] [10JN]
------amend (S. 1316), consideration of conference report (see H.
Res. 507) [1AU]
Safety: public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
San Diego County, CA: provide loan guarantee to Olivenhain Water
Storage Project (see H.R. 3851) [18JY]
[[Page 3164]]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
Ships and vessels: removal of abandoned vessels (see H.R. 4010)
[2AU]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
States: extend date for the transfer of certain amounts to be
available for drinking water State revolving funds (see H.R.
3902) [25JY]
Taxation: treatment of Federal employees at a hydroelectric
facility located on the Columbia River (see H.R. 3163) [26MR]
Texas: drought relief for Corpus Christi, TX, and the Canadian
River Municipal Water Authority, TX (see H.R. 3910) [26JY]
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
U.S. Fish and Wildlife Service: implementation of Great Lakes
Fishery Restoration Study Report (see H.R. 4028) [5SE]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
------State waivers from secondary treatment requirements for
certain ocean discharges (see H.R. 3299) [23AP]
Conference reports
Energy and Water Development Appropriations (H.R. 3816) [12SE]
Safe Drinking Water Act Amendments (S. 1316) [1AU]
Water Resources Development Act (S. 640) [25SE]
Messages
NOAA Office of Ocean and Coastal Resource Management: President
Clinton [9JY]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Energy and water development: making appropriations (H.R. 3816)
[5SE]
------making appropriations (H.R. 3816), conference report [12SE]
Safe Drinking Water Act: amend (S. 1316) [17JY] [18JY]
Reports filed
Coastal Zone Management Act Reauthorization: Committee on
Resources (House) (H.R. 1965) (H. Rept. 104-521) [16AP]
Congressional Consent to the Vermont-New Hampshire Interstate
Public Water Supply Compact: Committee on the Judiciary
(House) (H.J. Res. 129) (H. Rept. 104-485) [18MR]
Consideration of Conference Report on S. 1316, Safe Drinking Water
Act Amendments: Committee on Rules (House) (H. Res. 507) (H.
Rept. 104-743) [1AU]
Consideration of H.R. 3816, Energy and Water Development
Appropriations: Committee on Rules (House) (H. Res. 483) (H.
Rept. 104-687) [18JY]
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Deepwater Port Act Amendments: Committee on Transporation and
Infrastructure (House) (H.R. 2940) (H. Rept. 104-692) [18JY]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 104-770) [4SE]
Energy and Water Development Appropriations: Committee of
Conference (H.R. 3816) (H. Rept. 104-782) [12SE]
------Committee on Appropriations (House) (H.R. 3816) (H. Rept.
104-679) [16JY]
EPA State Grants To Finance the Construction or Improvement of
Water Supply Systems: Committee on Transportation and
Infrastructure (House) (H.R. 2747) (H. Rept. 104-515) [29MR]
Fort Peck Rural County Water Supply System Act: Committee on
Resources (House) (S. 1467) (H. Rept. 104-769) [4SE]
Irrigation District Boundaries Within the Umatilla Basin, OR:
Committee on Resources (House) (H.R. 2392) (H. Rept. 104-860)
[28SE]
Permit District of Columbia City Council To Authorize the Issuance
of Revenue Bonds Relative to Water and Sewer Facilities:
Committee on Government Reform and Oversight (House) (H.R.
3663) (H. Rept. 104-635) [25JN]
Prepayment of Federal Repayment Contracts by the Central Utah
Water Conservancy District: Committee on Resources (House)
(H.R. 1823) (H. Rept. 104-531) [23AP]
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments: Committee on Resources (House) (H.R. 3660) (H.
Rept. 104-703) [24JY]
Safe Drinking Water Act Amendments: Committee of Conference (S.
1316) (H. Rept. 104-741) [1AU]
Water Desalinization Research and Development Act: Committee on
Resources (House) (S. 811) (H. Rept. 104-790) [16SE]
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
WATER DESALINIZATION RESEARCH AND DEVELOPMENT ACT
Reports filed
Provisions: Committee on Resources (House) (S. 811) (H. Rept. 104-
790) [16SE]
WATER POLLUTION
related term(s) Ecology and Environment; Pollution
Bills and resolutions
Beaches: improve quality of coastal recreation waters (see H.R.
3789) [11JY]
Ecology and environment: provide off-budget treatment for the land
and water conservation fund (see H.R. 3619) [12JN]
Federal Water Pollution Control Act: amend (see H.R. 3639) [13JN]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
New Jersey: terminate ocean dumping at certain sites (see H.R.
4030, 4034) [5SE]
Petroleum: improve prevention of, response to, and compensation to
communities affected by oil spills (see H.R. 3573) [4JN]
Port of New York-New Jersey: disposal of contaminated dredged
materials (see H.R. 4317) [28SE]
Reclamation Wastewater and Groundwater Study and Facilities Act:
amend (see H.R. 3660) [17JN]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
------funding for dredged material disposal relative to wetlands
(see H.R. 3152) [22MR]
States: waivers from secondary treatment requirements for certain
ocean discharges (see H.R. 3299) [23AP]
Taxation: treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
Water: biological monitoring and whole effluent toxicity tests in
connection with publicly owned treatment works (see H.R. 3948)
[1AU]
------public notification relative to level of contaminants in
drinking water (see H.R. 3280, 3429) [18AP] [9MY]
------require persons contributing to drinking water contamination
to reimburse public water systems for the costs of
decontamination (see H.R. 3656) [13JN]
------sediments decontamination technology (see H.R. 3112) [19MR]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Women: effect of environment on health (see H.R. 3509) [22MY]
Reports filed
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments: Committee on Resources (House) (H.R. 3660) (H.
Rept. 104-703) [24JY]
WATER RESOURCES DEVELOPMENT ACT
Bills and resolutions
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
Water: sediments decontamination technology (see H.R. 3112) [19MR]
Conference reports
Provisions (S. 640) [25SE]
Motions
Enact (H.R. 3592) [30JY]
Reports filed
Provisions: Committee of Conference (S. 640) (H. Rept. 104-843)
[25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
WATER RIGHTS TASK FORCE
Appointments
Members [6JN] [5SE]
WATER SUPPLY AND STORAGE CO.
Bills and resolutions
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
WATERS, MAXINE (a Representative from California)
Bills and resolutions introduced by
Business and industry: require employers to notify workers of
reductions in business operations (see H.R. 3369) [30AP]
CIA: investigate involvement in crack cocaine sales to fund
Contras (see H. Res. 520) [11SE]
Dept. of Veterans Affairs: improve health care services for women
veterans (see H.R. 3972) [2AU]
Drugs: treatment of sentences relative to powdered cocaine (see
H.R. 4038) [9SE]
Financial institutions: consideration of a depository
institution's record on consumer fees relative to the
Community Reinvestment Act (see H.R. 3301) [23AP]
------provide additional deposit insurance coverage for accounts
which reduce net fee income (see H.R. 3302) [23AP]
------require performance data reporting to verify availability of
credit on a nondiscriminatory basis (see H.R. 3826) [16JY]
Medicare: extend period of applicability of enrollment mix
requirement for HMOs to Watts Health Foundation (see H.R.
2923) [31JA]
NIH: expand and coordinate National Heart, Lung, and Blood
Institute activities on women's diseases (see H.R. 3001)
[29FE]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
Motions offered by
Housing: deregulate public housing and rental assistance programs
(H.R. 2406) [9MY]
WATERWAYS
Appointments
Conferees: S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
Bills and resolutions
Beaches: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
------improve quality of coastal recreation waters (see H.R. 3789)
[11JY]
California-Federal Bay-Delta Program: development of a solution to
ecological problems of the San Francisco Bay/Sacramento-San
Joaquin Delta Watershed (see H.R. 4126) [19SE]
Chesapeake Bay: establish a program to provide environmental
assistance to non-Federal interests (see H.R. 3309) [24AP]
Corps of Engineers: authorize capital improvements for the
Washington Aqueduct (see H.R. 2917) [31JA]
------authorize water conservation and river and harbor
improvement projects (see H.R. 3563, 3592) [4JN] [6JN]
Deepwater Port Act: amend (see H.R. 2940) [1FE]
Ecology and environment: ballast water management plans relative
to prevention of nonindigenous species introduction (see H.R.
3217, 4283) [29MR] [28SE]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Long Island Sound: prohibit dumping of dredged material (see H.R.
3213) [29MR]
Massachusetts: deauthorize a portion of the navigation project for
Weymouth-Fore and Town Rivers (see H.R. 2957) [1FE]
[[Page 3165]]
Mississippi Interstate Cooperative Resource Agreement: conduct
pilot test (see H.R. 2939) [1FE]
Panama Canal: authorizing appropriations for operation and
maintenance (see H.R. 3282) [22AP]
Petroleum: improve prevention of, response to, and compensation to
communities affected by oil spills (see H.R. 3573) [4JN]
Pollution: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Queens County, NY: declare certain areas as nonnavigable waters
(see H.R. 2987) [28FE]
Refuse disposal: funding for construction, operation, and
maintenance of dredged material disposal facilities (see H.R.
3113) [19MR]
Rivers: permit construction of flood control projects by private
sector (see H.R. 3108) [19MR]
San Diego County, CA: provide loan guarantee to Olivenhain Water
Storage Project (see H.R. 3851) [18JY]
Shipping industry: establish safety requirements for barges
carrying oil or hazardous materials (see H.R. 3014) [5MR]
Ships and vessels: removal of abandoned vessels (see H.R. 4010)
[2AU]
Sly Park Dam and Reservoir: sale by the Dept. of the Interior (see
H.R. 3903) [25JY]
Small Business Act: exempt dredging activities from certain
requirements (see H.R. 3437) [10MY]
Tennessee-Tombigbee Waterway: designate certain locks and dams
(see H.R. 3432) [9MY]
Transportation: provide off-budget treatment for certain
transportation trust funds (H.R. 842), consideration [29MR]
TVA: prohibit imposition of performance deposits for residential
shoreline alterations (see H.R. 3853) [18JY]
Walker River Basin: conservation and stabilization of water
quantity and quality for fish habitat (see H.R. 3971) [2AU]
Water: sediments decontamination technology (see H.R. 3112) [19MR]
Water pollution: disposal of contaminated dredged materials in
Port of New York-New Jersey (see H.R. 4317) [28SE]
Waterways: disposal of contaminated sediments (see H.R. 3170)
[27MR]
Conference reports
Water Resources Development Act (S. 640) [25SE]
Motions
Corps of Engineers: authorize water conservation and river and
harbor improvement projects (H.R. 3592) [30JY]
Reports filed
Consideration of H.R. 842, Off-Budget Treatment for Certain
Transportation Trust Funds: Committee on Rules (House) (H.
Res. 396) (H. Rept. 104-514) [29MR]
Deepwater Port Act Amendments: Committee on Transporation and
Infrastructure (House) (H.R. 2940) (H. Rept. 104-692) [18JY]
Off-Budget Treatment for Certain Transportation Trust Funds:
Committee on Transportation and Infrastructure (House) (H.R.
842) (H. Rept. 104-499) [27MR]
------Committee on the Budget (House) (H.R. 842) (H. Rept. 104-
499) [29MR]
Preserve and Protect Columbia River's Hanford Reach Area:
Committee on Resources (House) (H.R. 2292) (H. Rept. 104-716)
[29JY]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
Water Resources Development Act: Committee of Conference (S. 640)
(H. Rept. 104-843) [25SE]
------Committee on Transportation and Infrastructure (House) (H.R.
3592) (H. Rept. 104-695) [22JY]
WATKINS, DAVID
Reports filed
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
WATKINSVILLE, GA
Bills and resolutions
J. Phil Campbell, Sr. Natural Resources Conservation Center:
designate (see H.R. 3387) [1MY]
Reports filed
J. Phil Campbell, Sr., Natural Resources Conservation Center,
Watkinsville, GA: Committee on Agriculture (House) (H.R. 3387)
(H. Rept. 104-645) [27JN]
WATTS, J.C. (a Representative from Oklahoma)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Crime: condemn acts of arson against churches and enhance law
enforcement and prosecution of arsonists (see H. Con. Res.
186, 187) [13JN]
Social Security: Medicare reimbursement to Military Health
Services System (see H.R. 3151) [21MR]
Taxation: provide incentives for investment in renewal communities
(see H.R. 3467) [16MY]
WAXMAN, HENRY A. (a Representative from California)
Appointments
Conferee: H.R. 3103, Health Insurance Portability and
Accountability Act [11JN]
------H.R. 3734, public welfare programs reform pursuant to budget
reconciliation [24JY]
------S. 1316, Safe Drinking Water Act amendments [17JY]
Bills and resolutions introduced by
Federal Food, Drug and Cosmetic Act: certification of drugs
containing insulin and antibiotics (see H.R. 3672) [18JN]
Water: public notification relative to level of contaminants in
drinking water (see H.R. 3280) [18AP]
WEAPONS
related term(s) Biological Weapons; Chemical Weapons; Nuclear Weapons
Bills and resolutions
Aviation: require installation of certain explosive detection and
resistant equipment (see H.R. 3909, 4029) [26JY] [5SE]
Chemical weapons: alternatives to demilitarization of munitions
under the baseline incinerator program (see H.R. 3767) [10JY]
China, People's Republic of: U.S. policy (see H. Res. 461) [25JN]
------U.S. policy (H. Res. 461), consideration (see H. Res. 463)
[25JN]
China, Republic of: U.S. policy on regional stability and defense
(see H. Con. Res. 148) [7MR]
Corp. for the Promotion of Rifle Practice and Firearms Safety:
abolish (see H.R. 3466) [15MY]
Courts: sentencing guidelines for possession of a firearm during
commission of a crime (see H.R. 4181) [25SE]
------sentencing guidelines for possession of a firearm with a
laser sighting device during commission of a crime (see H.R.
2991) [29FE]
Crime: increase mandatory minimum penalties relative to the
possession of firearms (see H.R. 3454) [14MY]
------increase penalties for armed violent criminals (see H.R.
3085) [14MR]
Dept. of Defense: exempt from metric system requirements relative
to nuclear facilities (see H.R. 3164) [26MR]
------funding reductions (see H.R. 3202) [29MR]
------prohibit additional payments and revise certain reporting
requirements for restructuring costs under defense contracts
(see H.R. 3608) [10JN]
------prohibit payment under defense contracts of restructuring
costs for mergers or acquisitions (see H.R. 3433) [10MY]
------transfer naval vessels to certain foreign countries (see
H.R. 3121) [20MR]
Firearms: apply revenue from firearms sales tax and dealer
licensing fees to gunshot victims health care fund (see H.R.
2865) [23JA]
------ban assault weapons, large capacity ammunition feeding
devices and provide for mandatory minimum penalties for use
during commission of a Federal crime (see H.R. 3382) [1MY]
------Civilian Marksmanship Program funding (see H.R. 3466) [15MY]
------mandatory minimum penalties for use during commission of a
Federal crime (see H.R. 3988) [2AU]
------prevent handgun violence and illegal commerce (see H.R.
3488) [16MY]
------prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
------prohibit possession or transfer of armor piercing ammunition
(see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------repeal ban on assault weapons and large capacity ammunition
feeding devices (H.R. 125), consideration (see H. Res. 364,
388) [23FE] [21MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
------standards for certain foreign and domestically-produced
handguns (see H.R. 3652) [13JN]
Foreign aid: improve defense and security assistance (see H.R.
3121) [20MR]
House Rules: question of privilege relative to withdrawal of
invitation to Jacques Chirac to address a joint meeting of
Congress (see H. Res. 350) [30JA]
International relations: improve awareness, detection, and
clearance of antipersonnel landmines and explosive ordnance
(see H.R. 3725) [26JN]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Liberia: impose sanctions on governments who violate the arms
embargo or aid in the civil war, and bring war criminals to
justice (see H.R. 4001) [2AU]
Missiles: deployment policy for antiballistic missile systems (see
H.R. 3489) [16MY]
National Rifle Association: condemn holding of annual convention
on anniversary of Alfred P. Murrah Federal Building bombing
(see H. Res. 407) [18AP]
National security: detection and interception of weapons of mass
destruction delivered by unconventional means (see H.R. 3729)
[26JN]
------national missile defense system (see H.R. 3144) [21MR]
------national missile defense system (H.R. 3144), consideration
(see H. Res. 438) [16MY]
------proliferation and use of weapons of mass destruction (see
H.R. 3730) [27JN]
------threat to U.S. citizens and Government posed by armed
militia and paramilitary groups (see H. Con. Res. 206) [1AU]
Weapons: detection and interception of weapons of mass destruction
delivered by unconventional means (see H.R. 3729) [26JN]
Messages
Advisory Board on Arms Proliferation Policy: President Clinton
[17JY]
Issuance of Licenses for the Export of Defense Articles and U.S.-
Origin Satellites to the People's Republic of China: President
Clinton [24JN]
National Emergency Relative to Nuclear, Biological, and Chemical
Weapons: President Clinton [14MY]
Motions
Firearms: repeal ban on assault weapons and large capacity
ammunition feeding devices (H.R. 125) [22MR]
Reports filed
Consideration of H. Res. 461, U.S. Policy Towards the People's
Republic of China: Committee on Rules (House) (H. Res. 463)
(H. Rept. 104-636) [25JN]
Consideration of H.R. 125, Repeal Ban on Assault Weapons and Large
Capacity Ammunition Feeding Devices: Committee on Rules
(House) (H. Res. 388) (H. Rept. 104-490) [21MR]
Consideration of H.R. 3144, National Missile Defense System:
Committee on Rules (House) (H. Res. 438) (H. Rept. 104-582)
[16MY]
Dept. of Defense Transfer of Naval Vessels to Certain Foreign
Countries and Defense and Security Assistance Improvements:
Committee on International Relations (House) (H.R. 3121) (H.
Rept. 104-519) [16AP]
Entitle Certain Armored Car Crew Members To Lawfully Carry a
Weapon: Committee on Commerce (House) (H.R. 3431) (H. Rept.
104-623) [17JN]
[[Page 3166]]
National Missile Defense System: Committee on National Security
(House) (H.R. 3144) (H. Rept. 104-583) [16MY]
WEATHER
Bills and resolutions
Disasters: establish disaster and emergency assistance standards
relative to snow-related events (see H.R. 3348) [29AP]
National Weather Service: relocation of radar tower near Ojai, CA
(see H.R. 3523) [23MY]
Veterans: treatment of cold weather injuries received during
military operations (see H.R. 4007) [2AU]
Reports filed
Disaster and Emergency Assistance Standards Relative to Snow-
Related Events: Committee on Transportation and Infrastructure
(House) (H.R. 3348) (H. Rept. 104-792) [17SE]
WEIGHTS AND MEASURES
Bills and resolutions
Metric system: conversion requirements (see H.R. 4233) [27SE]
------modification of highway signs (see H.R. 3617) [12JN]
Reports filed
Metric System Conversion Requirements: Committee on Science
(House) (H.R. 2779) (H. Rept. 104-639) [26JN]
WELDON, CURT (a Representative from Pennsylvania)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
------S. 1124, Dept. of Defense appropriations for military
activities and personnel strengths [5JA]
Bills and resolutions introduced by
Foreign trade: require President to certify agreements relative to
protection of worker rights and environmental standards (see
H.R. 4014) [2AU]
Oceans: establish a national oceanographic partnership program
(see H.R. 3303) [23AP]
Motions offered by
Dept. of Defense: authorizing military activities appropriations
and prescribing personnel strengths (H.R. 3230) [17JY]
WELDON, DAVE (a Representative from Florida)
Bills and resolutions introduced by
Beaches: authorizing expenditures from the harbor maintenance
trust fund for certain beach erosion projects (see H.R. 3304)
[23AP]
WELFARE
see Public Welfare Programs; Social Security
WELLER, GERALD C. ``JERRY'' (a Representative from Illinois)
Bills and resolutions introduced by
Calumet Ecological Park: feasibility study (see H.R. 3412) [8MY]
Dept. of Veterans Affairs: develop sharing agreements relative to
health care resources (see H.R. 3321) [25AP]
Lincoln National Historic Trail: designate as a component of the
National Trails System (see H.R. 4187) [25SE]
WEST VIRGINIA
Reports filed
Jennings Randolph Lake Management Between Maryland and West
Virginia: Committee on the Judiciary (House) (H.J. Res. 113)
(H. Rept. 104-706) [24JY]
WESTCHESTER COUNTY, NY
Bills and resolutions
Crime: condemn anti-semitic vandalism (see H. Con. Res. 231)
[28SE]
WESTERN ATLANTIC (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3913) [29JY]
WETLANDS
Bills and resolutions
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
Financial institutions: promote restoration, conservation, and
enhancement through establishment of a mitigation banking
program (see H.R. 3692) [20JN]
Refuse disposal: funding for dredged material disposal relative to
wetlands (see H.R. 3152) [22MR]
WEYERHAEUSER CO.
Bills and resolutions
Mining and mineral resources: land exchange between Arkansas and
Oklahoma (see H.R. 3088) [14MR]
WEYERHAEUSER REAL ESTATE CO.
Bills and resolutions
Fort Lewis, WA: land exchange with Weyerhaeuser Real Estate Co.
(see H.R. 2859) [5JA]
WHITE, RICK (a Representative from Washington)
Appointments
Conferee: H.R. 3005, Securities Investment Promotion Act [24JY]
Bills and resolutions introduced by
Congress: increase understanding and usage of the Internet (see H.
Con. Res. 185) [13JN]
Elections: establish a temporary commission to recommend reforms
for Federal office (see H.R. 4327) [28SE]
------provide candidates for Federal offices free access to
interactive computer services for dissemination of campaign
information (see H.R. 3700) [20JN]
House Rules: provide public access to committee documents over the
Internet (see H. Res. 478) [16JY]
Motor vehicles: establish national requirements for the titling
and registration of salvage of certain rebuilt vehicles (see
H.R. 2900) [25JA]
U.S. Trade Administration: establish (see H.R. 4328) [28SE]
WHITE COLLAR REFORM ACT
Bills and resolutions
Enact (see H.R. 4266) [27SE]
WHITE HOUSE
related term(s) Executive Office of the President
Bills and resolutions
Committee on Government Reform and Oversight (House): provide
authority to obtain testimony to investigate the dismissal of
White House Travel Office personnel (see H. Res. 369) [29FE]
Pennsylvania Avenue: use for vehicular traffic (see H. Res. 458)
[20JN]
White House Travel Office: abolish (see H.R. 2888) [25JA]
------relief of individuals terminated from employment (see H.R.
2894, 2937) [25JA] [1FE]
Reports filed
Committee on Government Reform and Oversight (House) Authority To
Obtain Testimony To Investigate the Dismissal of White House
Travel Office Personnel: Committee on Rules (House) (H. Res.
369) (H. Rept. 104-472) [6MR]
Relief of Individuals Terminated From White House Travel Office:
Committee on the Judiciary (House) (H.R. 2937) (H. Rept. 104-
484) [18MR]
White House Travel Office Firings and Related Matters: Committee
on Government Reform and Oversight (House) (H. Rept. 104-849)
[26SE]
White House Travel Office Proceedings Against John M. Quinn, David
Watkins, and Matthew Moore: Committee on Government Reform and
Oversight (House) (H. Rept. 104-598) [29MY]
WHITE WING (vessel)
Bills and resolutions
Certificate of documentation (see H.R. 3371) [30AP]
WHITFIELD, EDWARD (a Representative from Kentucky)
Bills and resolutions introduced by
Agriculture: repeal restrictions on colored margarine (see H.R.
2860) [5JA]
FERC: extension of deadline for construction of hydroelectric
project in Kentucky (see H.R. 2869) [23JA]
Interstate commerce: entitle certain armored car crew members to
lawfully carry a weapon (see H.R. 3431) [9MY]
Medicare: treatment of certain practices relative to value units
for physicians' services (see H.R. 3859) [18JY]
WICKER, ROGER (a Representative from Mississippi)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3517, Dept. of Defense appropriations for military
construction, family housing, and base realignment and closure
[26JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions introduced by
Tennessee-Tombigbee Waterway: designate certain locks and dams
(see H.R. 3432) [9MY]
WILD AND SCENIC RIVERS SYSTEM
Bills and resolutions
Clarion River: designate certain segments as components of Wild
and Scenic Rivers System (see H.R. 3568) [4JN]
Florida: designate the Wekiva River, Seminole Creek and Rock
Springs Run for potential addition to the Wild and Scenic
River System (see H.R. 3155) [22MR]
Sudbury, Assabet, and Concord Rivers: designate certain segments
as components of the Wild and Scenic River System (see H.R.
3405) [7MY]
Reports filed
Designate Certain Segments of the Clarion River, PA, as Components
of the Wild and Scenic Rivers System: Committee on Resources
(House) (H.R. 3568) (H. Rept. 104-825) [24SE]
Designate Wekiva River, Seminole Creek, and Rock Springs Run, FL,
for Potential Addition to the Wild and Scenic River System:
Committee on Resources (House) (H.R. 3155) (H. Rept. 104-824)
[24SE]
WILDERNESS AREAS
Bills and resolutions
Boundary Waters Canoe Area Wilderness: improve access and use (see
H.R. 3297) [23AP]
Dept. of Agriculture: provide for maintenance of concrete dams and
weirs located in the Emigrant Wilderness area (see H.R. 3886)
[24JY]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
------protect opportunities for sportsmen and enhance conservation
of wildlife (see H.R. 4144) [24SE]
Gates of the Arctic National Park and Preserve: land exchange
(H.R. 400), return to Senate (see H. Res. 554) [30SE]
Greeley, CO: exchange of certain lands with Water Supply and
Storage Co. (see H.R. 3541) [29MY]
Hudson River Basin: habitat restoration projects (see H.R. 3471)
[16MY]
Marjory Stoneman Douglas Wilderness: designate (see H.R. 4241)
[27SE]
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
Monuments and memorials: limit authority of the President to
designate certain areas as national monuments (see H.R. 4118)
[19SE]
------limit authority of the President to designate certain areas
as national monuments in California (see H.R. 4242) [27SE]
------prohibit extension or establishment of any national monument
in Idaho without public participation and an express act of
Congress [19SE]
------prohibit extension or establishment of any national monument
in Oregon without public participation and an express act of
Congress (see H.R. 4294) [28SE]
------require an act of Congress to extend or establish any
national monuments (see H.R. 4147, 4214) [24SE] [26SE]
Public lands: enhance conservation and protection of Boundary
Waters Canoe Area Wilderness and Voyageurs National Park (see
H.R. 3470) [16MY]
------provide disaster assistance loans for small businesses
operating within a national park or wildlife refuge that were
affected during recent Government shutdown (see H.R. 3044)
[7MR]
Rocky Mountain National Park: designate certain lands as
wilderness (see H.R. 3339) [25AP]
Talladega National Forest: designate certain lands as the Dugger
Mountain Wilderness (see H.R. 4087) [17SE]
Tallgrass Prairie National Preserve: establish (see H.R. 4043)
[10SE]
Reports filed
Hells Canyon Wilderness Area Boundary Modification: Committee on
Resources (House) (H.R. 2693) (H. Rept. 104-779) [9SE]
WILDLIFE
Bills and resolutions
Endangered species: protect private property rights relative to
economic losses from critical habitat designations (see H.R.
3862) [22JY]
[[Page 3167]]
Endangered Species Act: reauthorize (H.R. 2275), consideration
(see H. Res. 466) [26JN]
Forests: designate and protect certain Federal lands (see H.R.
4145) [24SE]
Hunting and trapping: clarify prohibitions and provide for
wildlife habitat under the Migratory Bird Treaty Act (see H.R.
4077) [12SE]
Myton, UT: transfer certain lands to Utah Division of Wildlife
Resources (see H.R. 3627) [12JN]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
U.S. Fish and Wildlife Service: implement plan for responding to
red tide events involving Florida Manatees (see H.R. 4261)
[27SE]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Reports filed
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
Tensas River National Wildlife Refuge Appropriations: Committee on
Resources (House) (H.R. 2660) (H. Rept. 104-526) [18AP]
WILDLIFE REFUGES
Bills and resolutions
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
National Wildlife Refuge System: improve management (H.R. 1675),
consideration (see H. Res. 410) [23AP]
Public lands: provide disaster assistance loans for small
businesses operating within a national park or wildlife refuge
that were affected during recent Government shutdown (see H.R.
3044) [7MR]
Silvio O. Conte National Fish and Wildlife Refuge: require
acquisition of lands be only by donation, exchange, or by
owner consent (see H.R. 2909) [31JA]
Wilderness areas: protect opportunities for sportsmen and enhance
conservation of wildlife (see H.R. 4144) [24SE]
Messages
Veto of H.R. 2909, Silvio O. Conte National Fish and Wildlife
Refuge Eminent Domain Prevention Act: President Clinton [3OC]
Reports filed
Consideration of H.R. 1675, National Wildlife Refuge System
Management Improvement: Committee on Rules (House) (H. Res.
410) (H. Rept. 104-533) [23AP]
North Platte National Wildlife Refuge Boundary Adjustment:
Committee on Resources (House) (H.R. 2679) (H. Rept. 104-527)
[18AP]
Oahu National Wildlife Refuge Complex Acquisition of Certain
Interests in the Waihee Marsh and Waihee Stream: Committee on
Resources (House) (H.R. 1772) (H. Rept. 104-528) [22AP]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
Tensas River National Wildlife Refuge Appropriations: Committee on
Resources (House) (H.R. 2660) (H. Rept. 104-526) [18AP]
WILLIAMS, PAT (a Representative from Montana)
Appointments
Committee To Escort Irish Prime Minister John Bruton Into the
House Chamber [11SE]
Bills and resolutions introduced by
House of Representatives: establish a commission on size of
membership and election process (see H.R. 4076) [12SE]
Southwest Montana Heritage and Recreation Area: establish (see
H.R. 3318) [24AP]
Sports: improve and expand safety precautions relative to boxing
(see H.R. 4114) [19SE]
------safety for journeymen boxers (see H.R. 4167) [25SE]
Water: authorize the construction of the Fort Peck Rural County
Water Supply System (see H.R. 4188) [25SE]
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
WILSON, CHARLES (a Representative from Texas)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3610, Dept. of Defense appropriations [30JY]
Motions offered by
Foreign operations, export financing, and related programs: making
appropriations (H.R. 3540) [30JY]
WISCONSIN
Bills and resolutions
Medicaid: waive temporarily the enrollment composition rule for
Managed Health Services of Wisconsin (see H.R. 4051) [11SE]
Public welfare programs: approval of waivers submitted by
Wisconsin to conduct ``Wisconsin Works'' project (see H.R.
3562) [4JN]
------approval of waivers submitted by Wisconsin to conduct
``Wisconsin Works'' project (H.R. 3562), consideration (see H.
Res. 446) [5JN]
Reports filed
Consideration of H.R. 3562, Approval of Waivers Submitted by
Wisconsin To Conduct ``Wisconsin Works'' Welfare Reform
Project: Committee on Rules (House) (H. Res. 446) (H. Rept.
104-604) [5JN]
WISE, ROBERT E., JR. (a Representative from West Virginia)
Bills and resolutions introduced by
Social Security: waive waiting period for disability benefits
relative to individuals with terminal illnesses (see H.R.
3932) [31JY]
Motions offered by
Dept. of the Treasury, Postal Service, Executive Office of the
President, and independent agencies: making appropriations
(H.R. 3756) [17JY]
WOLF, FRANK R. (a Representative from Virginia)
Appointments
Attendance of Funeral of Bill Emerson [26JN]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
------H.R. 3816, energy and water development appropriations [5SE]
Bills and resolutions introduced by
CERCLA: treatment of certain parties relative to liability (see
H.R. 3105) [18MR]
Dept. of Transportation and related agencies: making
appropriations (see H.R. 3675) [19JN]
Religion: persecution of Christians (see H. Res. 515) [2AU]
Smithsonian Institution: authorize construction of the National
Air and Space Museum Dulles Center (see H.R. 3933) [31JY]
Reports filed
Dept. of Transportation and Related Agencies Appropriations:
Committee of Conference (H.R. 3675) (H. Rept. 104-785) [16SE]
------Committee on Appropriations (House) (H.R. 3675) (H. Rept.
104-631) [19JN]
WOMEN
Bills and resolutions
Abortion: prohibit partial-birth abortions (see H.R. 4284) [28SE]
------prohibit partial-birth abortions (H.R. 1833), consideration
of Senate amendments (see H. Res. 389) [22MR]
Business and industry: ensure economic equity for women (see H.R.
3857) [18JY]
------provide unemployment insurance and leave time to battered
women (see H.R. 3837) [17JY]
Capitol Building and Grounds: recognize contributions of all
American citizens in the National Statuary Hall (see H. Con.
Res. 158) [29MR]
------restoration of statue honoring women's suffrage and
relocation to the rotunda (see H. Con. Res. 216) [24SE]
Civil rights: prohibit discrimination in the payment of wages
based on sex, race, or national origin (see H.R. 3784) [11JY]
------use of involuntary arbitration relative to discrimination in
the payment of wages based on sex, race, age, religion,
disability, or national origin (see H.R. 3748) [27JN]
Commission on the Advancement of Women in the Science and
Engineering Work Forces: establish (see H.R. 3726) [26JN]
Computers: transmission of information relative to abortion over
computer information services (see H.R. 3057) [7MR]
Crime: nationwide tracking of convicted sexual predators (see H.R.
3456) [14MY]
------penalties relative to distribution of controlled substances
with the intent to facilitate a rape or sexual battery (see
H.R. 3341, 3905) [25AP] [25JY]
------penalties relative to drug-facilitated crimes involving
violence or sexual assault (see H.R. 4137) [24SE]
Dept. of HHS: employment opportunities for women scientists (see
H.R. 3791) [11JY]
Dept. of Veterans Affairs: assessment of research and health care
services for women veterans (see H.R. 3711) [25JN]
------improve health care services for women veterans (see H.R.
3713, 3972) [25JN] [2AU]
------improve research activities for women veterans (see H.R.
3712) [25JN]
Diseases: effect of environment on health (see H.R. 3509) [22MY]
------establish estrogenic substance screening programs (see H.R.
3293) [23AP]
------issue special postage stamps to fund breast cancer research
(see H.R. 3401) [7MY]
------preventive health programs relative to HIV and AIDS (see
H.R. 3174) [27MR]
------research on the human papilloma virus relative to cervical
cancer (see H. Con. Res. 156) [27MR]
------research programs relative to HIV and AIDS (see H.R. 3176)
[27MR]
EEOC: provide funding and remedies for certain instances of sexual
harassment (see H.R. 3646) [13JN]
Employment: provide for retirement savings and security (see H.R.
3520, 3708) [23MY] [25JN]
Families and domestic relations: support of individuals affected
by breast cancer (see H. Con. Res. 177) [10MY]
FDA: require full documentation of breast implant information (see
H. Res. 449, 527) [6JN] [19SE]
Firearms: prohibit possession for persons convicted of a crime
involving domestic violence (see H.R. 3455) [14MY]
Government: assure operations are free of racial, sexual, and
ethnic discrimination (see H.R. 3190) [28MR]
Health: allow marketing of Sensor Pad medical device to aid in
breast self-examination (see H.R. 3504) [22MY]
------establish a program for postreproductive health care (see
H.R. 3015) [5MR]
------funding for research relative to alcohol abuse (see H.R.
3175) [27MR]
------improve and expand programs relative to pregnancy (see H.R.
4217) [26SE]
------modify certain programs relative to minority women (see H.R.
3179) [27MR]
------require health plans to provide coverage for a minimum
hospital stay for certain breast cancer treatments (see H.R.
4296) [28SE]
------require health plans to provide coverage for a minimum
hospital stay for mothers and newborn infants following birth
(see H.R. 3101, 3226, 3425, 3436) [14MR] [29MR] [9MY] [10MY]
------research health risks of dioxin in tampons (see H.R. 3796)
[11JY]
Insurance: prevent discrimination against victims of domestic
violence (see H.R. 3590) [5JN]
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence Against Women: ratification (see H.
Con. Res. 182) [6JN]
Legislative branch of the Government: compensation practices and
pay equity (see H. Con. Res. 194) [27JN]
[[Page 3168]]
LSC: eligibility for assistance for victims of domestic violence
(see H.R. 3733) [27JN]
Medicaid: screening mammography and screening pap smears (see H.R.
3630) [12JN]
Medicare: screening mammography (see H.R. 3052) [7MR]
National Cancer Institute: increase involvement of advocates in
breast cancer research (see H.R. 3583) [5JN]
National objectives: policy to provide health care and reform
insurance procedures (see H.R. 3178) [27MR]
New Borns' and Mothers' Health Protection Act: implementation (see
H.R. 4135) [24SE]
NIH: expand and coordinate National Heart, Lung, and Blood
Institute activities on women's diseases (see H.R. 3001)
[29FE]
Pensions: comprehensive protection (see H.R. 4204) [26SE]
------treatment of spouses and former spouses (see H.R. 3510,
3511) [22MY]
Public welfare programs: reform relative to domestic violence (see
H. Con. Res. 195) [27JN]
SBA: reauthorize women's business training program (see H.R. 3990)
[2AU]
Small business: assist the development of concerns owned and
controlled by women (see H.R. 4071) [12SE]
Taxation: credits for employers for costs incurred to combat
violence against women (see H.R. 3584) [5JN]
U.N.: support the election of a woman as Secretary General (see H.
Res. 543) [26SE]
U.S. Sentencing Commission: require a study of sentencing for drug
offenses where domestic violence has occurred (see H.R. 4246)
[27SE]
U.S. Soccer Federation: support efforts to bring 1999 Women's
World Cup tournament to the U.S. (see H. Res. 359) [1FE]
Women in Enterprise Development Program: establish (see H.R. 3827)
[16JY]
Messages
Small Business and Competition: President Clinton [5JN]
Veto of H.R. 1833, Prohibit Partial-Birth Abortions: President
Clinton [15AP]
Motions
Abortion: prohibit partial-birth abortions (H.R. 1833), Senate
amendments [27MR]
------prohibit partial-birth abortions (H.R. 1833), veto [19SE]
Reports filed
Consideration of Senate Amendments to H.R. 1833, Prohibit Partial-
Birth Abortions: Committee on Rules (House) (H. Rept. 104-492)
[22MR]
WOOLSEY, LYNN C. (a Representative from California)
Appointments
Conferee: H.R. 3734, public welfare programs reform pursuant to
budget reconciliation [24JY]
Bills and resolutions introduced by
Children and youth: consolidate and expand Federal child care
programs (see H.R. 3860) [18JY]
Education: recognize businesses that participate with schools to
enhance the teaching and use of technology (see H.R. 3921)
[30JY]
Employment: ensure economic self-sufficiency for participants in
adult training programs (see H.R. 3616) [11JN]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
WORKFORCE AND CAREER DEVELOPMENT ACT
Conference reports
Provisions (H.R. 1617) [25JY]
Reports filed
Provisions: Committee of Conference (H.R. 1617) (H. Rept. 104-707)
[25JY]
WORKFORCE DEVELOPMENT ACT
Conference reports
Provisions (H.R. 1617) [25JY]
Reports filed
Provisions: Committee of Conference (H.R. 1617) (H. Rept. 104-707)
[25JY]
WORKING FAMILIES FLEXIBILITY ACT
Bills and resolutions
Enact (H.R. 2391): consideration (see H. Res. 488) [24JY]
Reports filed
Consideration of H.R. 2391, Provisions: Committee on Rules (House)
(H. Res. 488) (H. Rept. 104-704) [24JY]
WORLD BANK
related term(s) International Monetary System
Bills and resolutions
U.N.: promote international security by redirecting military
spending to human development (see H.R. 4306) [28SE]
WORLD TRADE ORGANIZATION
Bills and resolutions
China, People's Republic of: membership in World Trade
Organization relative to protection of intellectual property
rights (see H. Res. 429) [9MY]
------most-favored-nation status relative to the admission of the
Republic of China to the World Trade Organization (see H.R.
3569) [4JN]
------U.S. policy relative to membership in World Trade
Organization (see H.R. 4065) [12SE]
China, Republic of: membership in World Trade Organization
relative to the admission of the People's Republic of China
(see H. Res. 490) [26JY]
NAFTA: assess impact, renegotiate certain provisions, and review
World Trade Organization dispute settlement reports (see H.R.
3314) [24AP]
Organization for Economic Cooperation and Development:
congressional approval and implementation of shipbuilding
trade agreement (H.R. 2754), consideration (see H. Res. 448)
[6JN]
Reports filed
Consideration of H.R. 2754, Shipbuilding Trade Agreement Act:
Committee on Rules (House) (H. Res. 448) (H. Rept. 104-606)
[6JN]
Shipbuilding Trade Agreement Act: Committee on National Security
(House) (H.R. 2754) (H. Rept. 104-524) [30MY]
------Committee on Ways and Means (House) (H.R. 2754) (H. Rept.
104-524) [18AP]
WORLD WAR II
related term(s) War
Bills and resolutions
Alderson, Wayne T.: award Medal of Honor (see H.R. 2961; H. Con.
Res. 143) [1FE]
Battle of Midway National Memorial: establish (see H.R. 3597)
[6JN]
Croatia: condemn relocation of remains of individuals to the
Jasenovac death camp (see H. Con. Res. 171) [2MY]
------preservation of memorial located at the Jasenovac death camp
(see H. Con. Res. 219) [25SE]
Fry, Varian: award Congressional Gold Medal (see H.R. 3352) [30AP]
Germany: expand criteria by which Holocaust survivors may qualify
for compensation (see H. Res. 501) [31JY]
Greece: tribute to people of Crete for heroic endeavor and
sacrifice (see H. Res. 441) [23MY]
International law: return of or compensation for properties
confiscated during Nazi, Facist, or Communist occupation (see
H. Con. Res. 228) [27SE]
International relations: encourage efforts to reunite families
separated during Holocaust (see H. Con. Res. 215) [17SE]
Japan: treatment of U.S. military and civilian POW's during World
War II (see H. Con. Res. 176) [10MY]
Manzanar Historic Site: exchange of public lands (see H.R. 3006)
[5MR]
Missouri (U.S.S.): transfer to U.S.S. Missouri Allied Forces
Memorial, San Francisco, CA (see H.R. 4066) [12SE]
Philippines: tribute to Filipino veterans (see H. Con. Res. 191)
[20JN]
Pittsburgh (U.S.S.): tribute to crew (see H. Res. 534) [24SE]
Poland: condemn construction of shopping center within
internationally protected zone around the Auschwitz death camp
(see H. Res. 398) [29MR]
Remy, France: tribute to citizens relative to burial of Houston
Braly (see H. Res. 469) [27JN]
Sewering, Hans J.: investigate and prosecute Nazi war criminal
(see H. Con. Res. 205) [30JY]
Veterans: extend pay benefits to certain merchant mariners who
served during or immediately after World War II (see H.R.
3614) [11JN]
------provide that service in the U.S. Cadet Nurse Corps
constituted active military service for veteran classification
(see H.R. 2995) [29FE]
Reports filed
Disclosure of Information on Certain Individuals Relative to Nazi
War Crimes During World War II: Committee on Government Reform
and Oversight (House) (H.R. 1281) (H. Rept. 104-819) [24SE]
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
WRIGHT, ORVILLE AND WILBUR
Bills and resolutions
Coins: mint coins in commemoration of centennial anniversary of
first manned flight (see H.R. 4203) [26SE]
Wright, Orville and Wilbur: mint coins in commemoration of
centennial anniversary of first manned flight (see H.R. 4203)
[26SE]
WYNN, ALBERT RUSSELL (a Representative from Maryland)
Bills and resolutions introduced by
Railroads: improve rail transportation safety (see H.R. 3106)
[18MR]
Social Security: level of benefit payment in the month of the
beneficiary's death (see H.R. 4015) [2AU]
W. Edwards Deming Federal Building, Suitland, MD: designate (see
H.R. 3535) [23MY]
WYOMING
Bills and resolutions
Crook County, WY: conveyance of U.S. Fish and Wildlife Service
lands to Wyoming (see H.R. 3579) [5JN]
Devils Tower National Monument: retain name of mountain (see H.R.
4020) [4SE]
Yellowstone River Valley Heritage Area: establish (see H.R. 3317)
[24AP]
Reports filed
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming: Committee on Resources (House) (H.R.
3579) (H. Rept. 104-711) [26JY]
YATES, SIDNEY R. (a Representative from Illinois)
Appointments
Committee To Escort Israeli Prime Minister Benjamin Netanyahu Into
the House Chamber [10JY]
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3540, foreign operations, export financing, and related
programs appropriations [30JY]
Bills and resolutions introduced by
Firearms: prohibit possession or transfer of armor piercing
ammunition (see H.R. 3017) [5MR]
------regulation of handguns in any manner affecting interstate or
foreign commerce (see H.R. 3018) [5MR]
------require consultation before the manufacture, importation, or
sale of armor piercing ammunition for use by a governmental
entity (see H.R. 3016) [5MR]
Motions offered by
Appropriations: making continuing (H.R. 3019), conference report
[25AP]
Dept. of the Interior and related agencies: making appropriations
(H.R. 3662) [20JN]
YOUNG, C.W. BILL (a Representative from Florida)
Appointments
Conferee: H.R. 3019, continuing appropriations [21MR]
------H.R. 3259, intelligence services appropriations [18SE]
------H.R. 3610, Dept. of Defense appropriations [30JY]
------H.R. 3754, legislative branch of the Government
appropriations [30JY]
Bills and resolutions introduced by
Ark (vessel): certificate of documentation (see H.R. 2871) [23JA]
[[Page 3169]]
Dept. of Defense: making appropriations (see H.R. 3610) [11JN]
Medrx III (vessel): certificate of documentation (see H.R. 4163)
[24SE]
Reports filed
Dept. of Defense Appropriations: Committee on Appropriations
(House) (H.R. 3610) (H. Rept. 104-617) [11JN]
YOUNG, DON (a Representative from Alaska)
Appointments
Conferee: H.R. 1296, Presidio facilities management [9MY]
------S. 640, Corps of Engineers civil works programs
appropriations reauthorization [18SE]
------S. 1004, Coast Guard appropriations [29FE]
Bills and resolutions introduced by
Alaska: implement social and economic programs of Alaska Natives
(see H.R. 3973) [2AU]
Alaska Native Claims Settlement Act: conveyance of certain lands
to village corporations within the Cook Inlet Region (see H.R.
3061) [12MR]
California: management of the Presidio facilities (see H.R. 4236)
[27SE]
Federal Oil and Gas Royalty Management Act: technical corrections
(see H.R. 4018) [4SE]
Hunting and trapping: clarify prohibitions and provide for
wildlife habitat under the Migratory Bird Treaty Act (see H.R.
4077) [12SE]
Indian Health Service: extend program for direct billing of
Medicare, Medicaid, and other third party payors (see H.R.
3378) [1MY]
------extend program for direct billing of Medicare, Medicaid, and
other third party payors (H.R. 3378), concur with Senate
amendments (see H. Res. 544) [27SE]
Mollie Beattie Alaska Wilderness Area: designate (see H.R. 3706)
[24JN]
Native Americans: regulations relative to certain adoption and
child custody proceedings (see H.R. 3828) [16JY]
Power resources: issuance of a noncompetitive oil and gas lease
for certain lands (see H.R. 4116) [19SE]
Puerto Rico: self-determination (see H.R. 3024, 4228, 4281) [6MR]
[27SE] [28SE]
Real estate: preserve Federal sovereignty of certain public lands
and preserve certain State and private property rights (see
H.R. 3752) [27JN]
Tongass National Forest: extend timber sale contract with the
Ketchikan Pulp Corp. (see H.R. 3659) [13JN]
Reports filed
Adoption Promotion and Stability Act: Committee on Resources
(House) (H.R. 3286) (H. Rept. 104-542) [30AP]
Alaska Native Claims Settlement Act Amendments: Committee on
Resources (House) (H.R. 2505) (H. Rept. 104-797) [17SE]
Alaska Natives Social and Economic Programs Implementation:
Committee on Resources (House) (H.R. 3973) (H. Rept. 104-838)
[25SE]
Apache National Forest Land Conveyance to the Alpine Elementary
School District: Committee on Resources (House) (H.R. 3547)
(H. Rept. 104-759) [4SE]
BLM Appropriations: Committee on Resources (House) (H.R. 3290) (H.
Rept. 104-658) [8JY]
Cabin Permit Renewals to Heirs in Sequoia National Park Mineral
King Addition: Committee on Resources (House) (H.R. 3534) (H.
Rept. 104-866) [3OC]
California Exchange of Certain Federal Lands: Committee on
Resources (House) (H.R. 3147) (H. Rept. 104-760) [4SE]
California Land Conveyance to the Del Norte County Unified School
District: Committee on Resources (House) (H.R. 2709) (H. Rept.
104-763) [4SE]
California Land Conveyance to the Hoopa Valley Tribe: Committee on
Resources (House) (H.R. 2710) (H. Rept. 104-762) [4SE]
California Public Land Transfer to Certain Indian Tribes:
Committee on Resources (House) (H.R. 3642) (H. Rept. 104-767)
[4SE]
Carbon Hill National Fish Hatchery Conveyance to Alabama:
Committee on Resources (House) (H.R. 2982) (H. Rept. 104-568)
[8MY]
Coastal Zone Management Act Reauthorization: Committee on
Resources (House) (H.R. 1965) (H. Rept. 104-521) [16AP]
Conveyance of Certain Lands Under the Alaska Native Claims
Settlement Act: Committee on Resources (House) (H.R. 2560) (H.
Rept. 104-643) [27JN]
Conveyance of U.S. Fish and Wildlife Service Lands in Crook
County, WY, to Wyoming: Committee on Resources (House) (H.R.
3579) (H. Rept. 104-711) [26JY]
Cooperative Fisheries Management Act: Committee on Resources
(House) (H.R. 2160) (H. Rept. 104-517) [15AP]
Crawford National Fish Hatchery Conveyance to Crawford, NE:
Committee on Resources (House) (H.R. 3287) (H. Rept. 104-700)
[24JY]
Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act:
Committee on Resources (House) (H.R. 2512) (H. Rept. 104-765)
[4SE]
Designate Certain Segments of the Clarion River, PA, as Components
of the Wild and Scenic Rivers System: Committee on Resources
(House) (H.R. 3568) (H. Rept. 104-825) [24SE]
Designate Wekiva River, Seminole Creek, and Rock Springs Run, FL,
for Potential Addition to the Wild and Scenic River System:
Committee on Resources (House) (H.R. 3155) (H. Rept. 104-824)
[24SE]
Development of Technology for Recovery of Minerals From the Ocean
Seabed: Committee on Resources (House) (H.R. 3249) (H. Rept.
104-673) [12JY]
Drought Relief for Corpus Christi, TX, and the Canadian River
Municipal Water Authority, TX: Committee on Resources (House)
(H.R. 3910) (H. Rept. 770) [4SE]
Endangered Species Act Reauthorization: Committee on Resources
(House) (H.R. 2275) (H. Rept. 104-778) [9SE]
Federal Oceanography Coordination Improvement Act: Committee on
Resources (House) (H.R. 3537) (H. Rept. 104-771) [4SE]
Federal Oil and Gas Royalty Simplification and Fairness Act:
Committee on Resources (House) (H.R. 1975) (H. Rept. 104-667)
[11JY]
Fort Peck Rural County Water Supply System Act: Committee on
Resources (House) (S. 1467) (H. Rept. 104-769) [4SE]
Goshute Indian Reservation Additional Lands: Committee on
Resources (House) (H.R. 2464) (H. Rept. 104-562) [7MY]
Gunnison County, CO, Land Conveyance: Committee on Resources
(House) (H.R. 2438) (H. Rept. 104-766) [4SE]
Gustavus, AK, Land Exchange: Committee on Resources (House) (H.R.
2561) (H. Rept. 104-840) [25SE]
Hells Canyon Wilderness Area Boundary Modification: Committee on
Resources (House) (H.R. 2693) (H. Rept. 104-779) [9SE]
Highway Relocation Assistance Relative to the Chickamauga and
Chattanooga National Military Parks: Committee on Resources
(House) (H.R. 848) (H. Rept. 104-603) [4JN]
Housing of Federal Land Management Agency Field Employees:
Committee on Resources (House) (H.R. 2941) (H. Rept. 104-802)
[17SE]
Improve Quality of National Parks and Recreation Areas Visitor
Services Relative to Incentive-Based Recreation Fees:
Committee on Resources (House) (H.R. 2107) (H. Rept. 104-757)
[4SE]
Indian Health Service Program for Direct Billing of Medicare,
Medicaid, and Other Third Party Payers: Committee on Resources
(House) (H.R. 3378) (H. Rept. 104-742) [1AU]
International Dolphin Conservation Program Implementation:
Committee on Resources (House) (H.R. 2823) (H. Rept. 104-665)
[10JY]
Irrigation District Boundaries Within the Umatilla Basin, OR:
Committee on Resources (House) (H.R. 2392) (H. Rept. 104-860)
[28SE]
Kenai Natives Association Correction of Land Entitlement
Inequities: Committee on Resources (House) (H.R. 401) (H.
Rept. 104-756) [4SE]
Lake Tahoe Basin National Forest Designation: Committee on
Resources (House) (H.R. 2122) (H. Rept. 104-772) [4SE]
Manzanar Historic Site Exchange of Public Lands: Committee on
Resources (House) (H.R. 3006) (H. Rept. 104-709) [26JY]
Marion National Fish Hatchery Conveyance to Alabama: Committee on
Resources (House) (H.R. 3557) (H. Rept. 104-702) [24JY]
Marshall Islands Rongelop Resettlement Trust Fund Administration:
Committee on Resources (House) (H.R. 1332) (H. Rept. 104-471)
[5MR]
National Forests Timber Substitution for the Cancelled Elkhorn
Ridge Timber Sale: Committee on Resources (House) (H.R. 2711)
(H. Rept. 104-761) [4SE]
National Geologic Mapping Act Reauthorization: Committee on
Resources (House) (H.R. 3198) (H. Rept. 104-668) [11JY]
National Marine Sanctuaries Act Reauthorization: Committee on
Resources (House) (H.R. 3487) (H. Rept. 104-717) [29JY]
Native American Adoption and Child Custody Proceedings
Regulations: Committee on Resources (House) (H.R. 3828) (H.
Rept. 104-808) [19SE]
North Platte National Wildlife Refuge Boundary Adjustment:
Committee on Resources (House) (H.R. 2679) (H. Rept. 104-527)
[18AP]
Oahu National Wildlife Refuge Complex Acquisition of Certain
Interests in the Waihee Marsh and Waihee Stream: Committee on
Resources (House) (H.R. 1772) (H. Rept. 104-528) [22AP]
Prairie Island Indian Community Charter of Incorporation
Revocation: Committee on Resources (House) (H.R. 3068) (H.
Rept. 104-584) [20MY]
Prepayment of Federal Repayment Contracts by the Central Utah
Water Conservancy District: Committee on Resources (House)
(H.R. 1823) (H. Rept. 104-531) [23AP]
Preservation and Restoration of Historic Buildings and Sites at
Historically Black Colleges and Universities Appropriations:
Committee on Resources (House) (H.R. 1179) (H. Rept. 104-758)
[4SE]
Preserve and Protect Columbia River's Hanford Reach Area:
Committee on Resources (House) (H.R. 2292) (H. Rept. 104-716)
[29JY]
Preserve Federal Sovereignty of Certain Public Lands and Preserve
Certain State and Private Property Rights: Committee on
Resources (House) (H.R. 3752) (H. Rept. 104-835) [24SE]
Presidio Facilities and Parks and Public Lands Management:
Committee of Conference (H.R. 1296) (H. Rept. 104-836) [24SE]
Provide for a Nonvoting Delegate From the Northern Mariana Islands
in the House of Representatives: Committee on Resources
(House) (H.R. 4067) (H. Rept. 104-856) [27SE]
Public Rangelands Management Act: Committee on Resources (House)
(S. 1459) (H. Rept. 104-674) [12JY]
Puerto Rico Self-Determination: Committee on Resources (House)
(H.R. 3024) (H. Rept. 104-713) [26JY]
Reclamation Wastewater and Groundwater Study and Facilities Act
Amendments: Committee on Resources (House) (H.R. 3660) (H.
Rept. 104-703) [24JY]
Regulate Fishing in Certain Alaskan Waters: Committee on Resources
(House) (H.R. 1786) (H. Rept. 104-687) [18JY]
Relief of Persons Who Purchased Clark County, NV, Land Relative to
Certain Private Land Surveys: Committee on Resources (House)
(H.R. 2135) (H. Rept. 104-755) [4SE]
Restitution to Guam for Atrocities Committed During Japanese
Occupation in World War II: Committee on Resources (House)
(H.R. 2041) (H. Rept. 104-867) [21OC]
Settlement of Issues and Claims Relative to Trust Lands of the
Torres-Martinez Desert Cahuilla Indians: Committee on
Resources (House) (H.R. 3640) (H. Rept. 104-777) [5SE]
Silvio O. Conte National Fish and Wildlife Refuge Acquisition of
Lands Only by Donation, Exchange, or by Owner Consent:
Committee on Resources (House) (H.R. 2909) (H. Rept. 104-579)
[16MY]
Ski Area Permit Issuance Regulations and Mineral Leasing Law
Suspensions in National Forest Ski
[[Page 3170]]
Areas: Committee on Resources (House) (H.R. 1527) (H. Rept.
104-516) [15AP]
Sly Park Dam and Reservoir Sale by the Dept. of the Interior:
Committee on Resources (House) (H.R. 3903) (H. Rept. 104-768)
[4SE]
Snoqualmie National Forest Boundary Expansion: Committee on
Resources (House) (H.R. 3497) (H. Rept. 104-816) [23SE]
Snowbasin Ski Area, UT, Land Exchange: Committee on Resources
(House) (H.R. 2824) (H. Rept. 104-493) [25MR]
Suffolk County, NY, Property Acquisition: Committee on Resources
(House) (H.R. 1836) (H. Rept. 104-529) [22AP]
Tensas River National Wildlife Refuge Appropriations: Committee on
Resources (House) (H.R. 2660) (H. Rept. 104-526) [18AP]
Transfer Jurisdiction Over Certain Federal Real Property in the
District of Columbia: Committee on Resources (House) (H.R.
2636) (H. Rept. 104-368) [26JY]
Validate Certain Conveyances Made by Southern Pacific
Transportation Co., in Reno, NV, and Tulare, CA: Committee on
Resources (House) (H.R. 1784) (H. Rept. 104-691) [18JY]
Voting Rights March Route From Selma, AL, to Montgomery, AL,
National Historic Trail: Committee on Resources (House) (H.R.
1129) (H. Rept. 104-567) [8MY]
Walhalla National Fish Hatchery Conveyance to South Carolina:
Committee on Resources (House) (H.R. 3546) H. Rept. 104-701)
[24JY]
Water Desalinization Research and Development Act: Committee on
Resources (House) (S. 811) (H. Rept. 104-790) [16SE]
Wenatchee National Forest Land Exchange With Chelan County, WA:
Committee on Resources (House) (H.R. 2518) (H. Rept. 104-764)
[4SE]
YOUTH
see Children and Youth
YUGOSLAVIA, FEDERAL REPUBLIC OF
see Bosnia and Herzegovina; Croatia; Serbia; Slovenia
ZAIRE, REPUBLIC OF
Bills and resolutions
Democracy: efforts (see H. Res. 399) [29MR]
ZELIFF, WILLIAM H., JR. (a Representative from New Hampshire)
Appointments
Conferee: H.R. 3230, Dept. of Defense appropriations for military
activities and personnel strengths [17JY]
Bills and resolutions introduced by
Dams: reduce hazards of dam failures (see H.R. 3602) [6JN]
Education: State funding for drug and violence prevention programs
(see H.R. 4016) [2AU]
Employment: provide safety-sensitive functions for individuals
that abuse controlled substances (see H.R. 4017) [2AU]
Families and domestic relations: support of individuals affected
by breast cancer (see H. Con. Res. 177) [10MY]
Government: prohibit bundling of contract requirements in
procurement (see H.R. 3934) [31JY]
ZIMMER, DICK (a Representative from New Jersey)
Bills and resolutions introduced by
Bergen County, NJ: recovery of costs associated with the cleanup
of the Stepan Property Superfund Site (see H.R. 3319) [24AP]
Crime: nationwide tracking of convicted sexual predators (see H.R.
3456) [14MY]
Education: develop elementary and secondary school curriculum
standards (see H.R. 3257) [16AP]
Foreign aid: prohibit assistance to countries that assist Cuba
(see H.R. 3974) [2AU]
House Rules: prohibit foreign travel by retiring Members (see H.
Res. 361) [1FE]
National Telecommunications and Information Administration: report
on hate speech relative to the Internet (see H.R. 3781) [10JY]
Tariff: tetraamino biphenyl (see H.R. 2870) [23JA]
Taxation: treatment of certain Federal grants established in
accordance with the Federal Water Pollution Control Act (see
H.R. 2960) [1FE]
[[Page 3171]]
APPENDIX TO INDEX
(The Appendix is provided as a source of quick reference with greater
detail of each day's proceedingsP than that available in the Index)
------------------------------------------
WEDNESDAY, JANUARY 3, 1996 (1)
para.1.1 CALL OF THE HOUSE
para.1.2 [ROLL NO. 1]--CALL OF THE HOUSE
para.1.3 COMMUNICATIONS
para.1.4 COMMITTEE TO NOTIFY THE PRESIDENT--RES. 325
para.1.5 APPOINTMENT OF COMMITTEE TO NOTIFY THE PRESIDENT
para.1.6 CLERK TO NOTIFY SENATE OF A QUORUM--RES. 326
para.1.7 HOUR OF MEETING--RES. 327
para.1.8 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.1.9 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.1.10 MESSAGE FROM THE PRESIDENT--LOAN GUARANTEES TO ISRAEL
para.1.11 PRIVILEGES OF THE HOUSE--H. RES. 328
para.1.12 [ROLL NO. 2]--ON AGREEING TO H. RES. 328
para.1.13 MESSAGES FROM THE PRESIDENT
para.1.14 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.1.15 MESSAGE FROM THE PRESIDENT--VETO OF H.R. 1530
para.1.16 [ROLL NO. 3]--VETO SUSTAINED--H.R. 1530
para.1.17 MESSAGE FROM THE PRESIDENT--MFN STATUS FOR ROMANIA
para.1.18 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO LIBYA
para.1.19 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R. 2076
para.1.20 UNFINISHED BUSINESS--VETO OF H.R. 2076
para.1.21 [ROLL NO. 4]--VETO SUSTAINED--H.R. 2076
para.1.22 FARM CREDIT SYSTEM REGULATORY RELIEF--H.R. 2029
para.1.23 AUTHORITY FOR SPEAKER TO DECLARE RECESSES
para.1.24 FURTHER CONTINUING APPROPRIATIONS FOR THE DISTRICT OF
COLUMBIA
para.1.25 LEAVE OF ABSENCE
para.1.26 ADJOURNMENT
para.1.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.1.28 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.1.29 PUBLIC BILLS AND RESOLUTIONS
para.1.30 ADDITIONAL SPONSORS
THURSDAY, JANUARY 4, 1996 (2)
para.2.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.2.2 APPROVAL OF THE JOURNAL
para.2.3 COMMUNICATIONS
para.2.4 INTERIOR APPROPRIATIONS--H.R. 1977
para.2.5 WORDS TAKEN DOWN
para.2.6 UNFINISHED BUSINESS--VETO OF H.R. 1977
para.2.7 [ROLL NO. 5]--VETO SUSTAINED--H.R. 1977
para.2.8 MESSAGE FROM THE SENATE
para.2.9 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.2.10 RECESS--11:16 P.M.
para.2.11 AFTER RECESS--11:40 P.M.
para.2.12 PROVIDING FOR DISPOSITION OF SENATE AMENDMENT TO H.R. 1643--
H. RES. 334
para.2.13 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
para.2.14 BILL PRESENTED TO THE PRESIDENT
para.2.15 LEAVE OF ABSENCE
para.2.16 ADJOURNMENT
para.2.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.2.18 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.2.19 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
[[Page 3174]]
para.2.20 REPORTED BILL SEQUENTIALLY REFERRED
para.2.21 PUBLIC BILLS AND RESOLUTIONS
para.2.22 ADDITIONAL SPONSORS
para.2.23 DELETIONS
FRIDAY, JANUARY 5, 1996 (3)
para.3.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.3.2 APPROVAL OF THE JOURNAL
para.3.3 COMMUNICATIONS
para.3.4 RECESS--10:02 A.M.
para.3.5 AFTER RECESS--11:00 A.M.
para.3.6 COMMITTEE HEARINGS, 1ST SESSION, 104TH CONGRESS--H. RES. 310
para.3.7 PROVIDING FOR DISPOSITION OF THE SENATE AMENDMENT TO H.R.
1643--H. RES. 334
para.3.8 [ROLL NO. 6]--ON AGREEING TO H. RES. 334
para.3.9 TARGETED CONTINUING APPROPRIATIONS--SENATE AMENDMENT--H.R.
1643
para.3.10 [ROLL NO. 7]--ON AGREEING TO THE SENATE AMENDMENT
para.3.11 PROVIDING FOR THE DISPOSITION OF THE SENATE AMENDMENT TO H.J.
RES. 134--ON AGREEING TO H. RES. 336
para.3.12 RECESS AUTHORITY FOR SPEAKER AND WAIVER OF RULES
REQUIREMENT--H. RES. 330
para.3.13 [ROLL NO. 8]--ON AGREEING TO H. RES. 330
para.3.14 PROVIDING FOR DISPOSITION OF SENATE AMENDMENT TO H.J. RES.
134--H. RES. 336
para.3.15 [ROLL NO. 9]--ON AGREEING TO H. RES. 336 AND SENATE AMENDMENT
WITH AN AMENDMENT TO H.J. RES. 134
para.3.16 COMMITTEE ELECTION--MINORITY--H. RES. 337
para.3.17 DOD AUTHORIZATION--S. 1124
para.3.18 PROVIDING FOR A CLOSED CONFERENCE--S. 1124
para.3.19 [ROLL NO. 10]--ON THE MOTION FOR A CLOSED CONFERENCE
para.3.20 HARRY KIZIRIAN POST OFFICE BUILDING--H.R. 1606
para.3.21 PROVIDING FOR THE DISPOSITION OF THE SENATE AMENDMENT TO H.R.
1358--H. RES. 338
para.3.22 PROVIDING FOR THE DISPOSITION OF THE SENATE AMENDMENT TO H.R.
1358--H. RES. 338
para.3.23 [ROLL NO. 11]--ON ORDERING THE PREVIOUS QUESTION
para.3.24 [ROLL NO. 12]--ON AGREEING TO H. RES. 338 AND SENATE
AMENDMENT WITH AN AMENDMENT TO H.R. 1358
para.3.25 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.3.26 PERMISSION FOR ALL MEMBERS TO REVISE AND EXTEND
para.3.27 MESSAGE FROM THE SENATE
para.3.28 RECESS--10:43 P.M.
SATURDAY, JANUARY 6 (LEGISLATIVE DAY OF JANUARY 5), 1996
MONDAY, JANUARY 8 (LEGISLATIVE DAY OF JANUARY 5), 1996
TUESDAY, JANUARY 9 (LEGISLATIVE DAY OF JANUARY 5), 1996
para.3.29 AFTER RECESS--11:00 A.M.
para.3.30 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.3.31 ENROLLED BILL SIGNED
para.3.32 COMMUNICATION FROM THE SPEAKER--MESSAGE FROM THE PRESIDENT
para.3.33 MESSAGE FROM THE PRESIDENT--BALANCED BUDGET PROPOSAL, FY 1996
THROUGH 2002
para.3.34 COMMUNICATION FROM THE DIRECTOR OF THE CONGRESSIONAL BUDGET
OFFICE
para.3.35 BALANCED BUDGET REFERRAL
para.3.36 ENROLLED JOINT RESOLUTION SIGNED
para.3.37 RECESS--11:06 A.M.
para.3.38 AFTER RECESS--2:35 P.M.
para.3.39 PROVIDING FOR ADJOURNMENT OF THE HOUSE AND RECESS OF THE
SENATE--H. CON. RES. 133
para.3.40 ADJOURNMENT PROVISIONS FOR THE HOUSE
para.3.41 ENROLLED BILL SIGNED
para.3.42 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
para.3.43 LEAVE OF ABSENCE
para.3.44 ADJOURNMENT
para.3.45 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.3.46 PUBLIC BILLS AND RESOLUTIONS
para.3.47 MEMORIALS
para.3.48 ADDITIONAL SPONSORS
para.3.49 PETITIONS
[[Page 3175]]
MONDAY, JANUARY 22, 1996 (4)
para.4.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.4.2 APPROVAL OF THE JOURNAL
para.4.3 COMMUNICATIONS
para.4.4 MESSAGE FROM THE SENATE
para.4.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.4.6 PERMISSION TO FILE CONFERENCE REPORT--S. 1124
para.4.7 MESSAGE FROM THE PRESIDENT
para.4.8 JOINT SESSION TO RECEIVE THE PRESIDENT--S. CON. RES. 39
para.4.9 HOUR OF MEETING
para.4.10 HOUR OF MEETING
para.4.11 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.4.12 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.4.13 VETO OF H.R. 4
para.4.14 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO LIBYA
para.4.15 SUBPOENA--MR. HOKE
para.4.16 BILL PRESENTED TO THE PRESIDENT
para.4.17 ADJOURNMENT
para.4.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.4.19 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.4.20 PUBLIC BILLS AND RESOLUTIONS
para.4.21 MEMORIALS
para.4.22 ADDITIONAL SPONSORS
TUESDAY, JANUARY 23, 1996 (5)
para.5.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.5.2 MESSAGE FROM THE SENATE
para.5.3 RECESS--1:33 P.M.
para.5.4 AFTER RECESS--2:00 P.M.
para.5.5 APPROVAL OF THE JOURNAL
para.5.6 COMMUNICATIONS
para.5.7 CORRECTIONS CALENDAR
para.5.8 CONSTRUCTED WATER CONVEYANCES--H.R. 2567
para.5.9 REPORT OF COMMITTEE TO NOTIFY THE PRESIDENT
para.5.10 RUTH AND BILLY GRAHAM GOLD MEDAL--H.R. 2657
para.5.11 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
para.5.12 SADDLEBACK MOUNTAIN-ARIZONA SETTLEMENT--S. 1341
para.5.13 TECHNICAL CORRECTIONS TO NATIVE AMERICAN LAWS--H.R. 2726
para.5.14 H.R. 2657--UNFINISHED BUSINESS
para.5.15 [ROLL NO. 13]--ON PASSAGE OF H.R. 2657
para.5.16 S. 1341--UNFINISHED BUSINESS
para.5.17 [ROLL NO. 14]--ON PASSAGE OF S. 1341
para.5.18 H.R. 2726--UNFINISHED BUSINESS
para.5.19 [ROLL NO. 15]--ON PASSAGE OF H.R. 2726
para.5.20 RECESS--4:43 P.M.
para.5.21 AFTER RECESS--8:48 P.M.
para.5.22 JOINT SESSION TO RECEIVE A MESSAGE FROM THE PRESIDENT
para.5.23 REFERENCE OF THE PRESIDENT'S MESSAGE
para.5.24 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
1124--H. RES. 340
para.5.25 ENROLLED BILLS SIGNED
para.5.26 LEAVE OF ABSENCE
para.5.27 ADJOURNMENT
para.5.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.5.29 PUBLIC BILLS AND RESOLUTIONS
para.5.30 PRIVATE BILLS AND RESOLUTIONS
para.5.31 ADDITIONAL SPONSORS
WEDNESDAY, JANUARY 24, 1996 (6)
para.6.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.6.2 APPROVAL OF THE JOURNAL
[[Page 3176]]
para.6.3 COMMUNICATIONS
para.6.4 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
1124
para.6.5 DOD AUTHORIZATIONS--FY 1996
para.6.6 [ROLL NO. 16]--ON AGREEING TO THE CONFERENCE REPORT
para.6.7 QUESTION OF PRIVILEGES
para.6.8 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.6.9 WAIVING REQUIREMENT OF CLAUSE 4(B) OF RULE XI--H. RES. 342
para.6.10 BILLS PRESENTED TO THE PRESIDENT
para.6.11 LEAVE OF ABSENCE
para.6.12 ADJOURNMENT
para.6.13 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.6.14 PUBLIC BILLS AND RESOLUTIONS
para.6.15 MEMORIALS
para.6.16 PRIVATE BILLS AND RESOLUTIONS
para.6.17 ADDITIONAL SPONSORS
para.6.18 PETITIONS
para.6.19 DELETIONS
THURSDAY, JANUARY 25, 1996 (7)
para.7.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.7.2 APPROVAL OF THE JOURNAL
para.7.3 COMMUNICATIONS
para.7.4 MESSAGE FROM THE SENATE
para.7.5 WAIVING REQUIREMENT OF CLAUSE 4(B) OF RULE XI--H. RES. 342
para.7.6 [ROLL NO. 17]--ON AGREEING TO H. RES. 342
para.7.7 RECESS--3.27 P.M.
para.7.8 AFTER RECESS--5:19 P.M.
para.7.9 MESSAGE FROM THE PRESIDENT
para.7.10 ORDER OF BUSINESS--CONSIDERATION OF H.R. 2880
para.7.11 BALANCED BUDGET DOWNPAYMENT--FY 1996 APPPROPRIATIONS--H.R.
2880
para.7.12 [ROLL NO. 18]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.7.13 [ROLL NO. 19]--ON PASSAGE OF H.R. 2880
para.7.14 HOUR OF MEETING
para.7.15 COMMITTEE ELECTION--MAJORITY--H. RES. 343
para.7.16 COMMITTEE ELECTION--MINORITY--H. RES. 344
para.7.17 COMMITTEE RESIGNATION--MINORITY
para.7.18 VA MEDICAL CARE EXTENSIONS--H.R. 2353
para.7.19 MESSAGE FROM THE PRESIDENT--DEPARTMENT OF TRANSPORTATION
para.7.20 LEAVE OF ABSENCE
para.7.21 ADJOURNMENT
para.7.22 PUBLIC BILLS AND RESOLUTIONS
para.7.23 MEMORIALS
para.7.24 PRIVATE BILLS AND RESOLUTIONS
para.7.25 ADDITIONAL SPONSORS
FRIDAY, JANUARY 26, 1996 (8)
para.8.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.8.2 APPROVAL OF THE JOURNAL
para.8.3 COMMUNICATIONS
para.8.4 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.8.5 ADJOURNMENT OVER
para.8.6 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.8.7 ORDER OF BUSINESS--RECESS
para.8.8 RECESS--12.51 P.M.
para.8.9 AFTER RECESS--6:54 P.M.
para.8.10 MESSAGE FROM THE SENATE
para.8.11 ENROLLED BILL SIGNED
para.8.12 SENATE ENROLLED BILL SIGNED
[[Page 3177]]
para.8.13 ADJOURNMENT
para.8.14 PUBLIC BILLS AND RESOLUTIONS
para.8.15 ADDITIONAL SPONSORS
TUESDAY, JANUARY 30, 1996 (9)
para.9.1 MESSAGE FROM THE SENATE
para.9.2 ``MORNING HOUR'' DEBATES
para.9.3 RECESS--1:05 P.M.
para.9.4 AFTER RECESS--2:00 P.M.
para.9.5 APPROVAL OF THE JOURNAL
para.9.6 COMMUNICATIONS
para.9.7 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
para.9.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.9.9 BULGARIA EMIGRATION CRITERIA
para.9.10 MUNICIPAL SOLID WASTE FLOW CONTROL--S. 534
para.9.11 LAND DISPOSAL PROGRAM FLEXIBILITY
para.9.12 DISPOSITION OF SENATE AMENDMENT NUMBERED 115--H.R. 1868
para.9.13 SENATE BILLS REFERRED
para.9.14 ENROLLED BILLS SIGNED
para.9.15 SENATE ENROLLED BILL SIGNED
para.9.16 BILL PRESENTED TO THE PRESIDENT
para.9.17 ADJOURNMENT
para.9.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.9.19 PUBLIC BILLS AND RESOLUTIONS
para.9.20 PRIVATE BILLS AND RESOLUTIONS
para.9.21 ADDITIONAL SPONSORS
WEDNESDAY, JANUARY 31, 1996 (10)
para.10.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.10.2 APPROVAL OF THE JOURNAL
para.10.3 COMMUNICATIONS
para.10.4 MESSAGE FROM THE SENATE
para.10.5 SUBMISSION OF CONFERENCE REPORT--H.R. 2546
para.10.6 SUBPOENA--MS. COLLINS OF MICHIGAN
para.10.7 RECESS--4:16 P.M.
para.10.8 AFTER RECESS--4:28 P.M.
para.10.9 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
2546--H. RES. 351
para.10.10 AUTHORIZING SPEAKER TO DECLARE RECESSES
para.10.11 PRIVILEGES OF THE HOUSE--H. RES. 350
para.10.12 H. RES. 349 --UNFINISHED BUSINESS
para.10.13 [ROLL NO. 20]--ON AGREEING TO H. RES. 349
para.10.14 H.R. 2036--UNFINISHED BUSINESS
para.10.15 [ROLL NO. 21]--ON PASSAGE OF H.R. 2036
para.10.16 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
para.10.17 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 2546--H. RES. 351
para.10.18 D.C. APPROPRIATIONS, FY 1996--CONFERENCE REPORT ON H.R. 2546
para.10.19 [ROLL NO. 22]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.10.20 [ROLL NO. 23]--ON AGREEING TO THE CONFERENCE REPORT
para.10.21 RECESS--8:40 P.M.
para.10.22 AFTER RECESS--9:13 P.M.
para.10.23 SUBMISSION OF CONFERENCE REPORT--S. 652
para.10.24 RECESS--9:14 P.M.
para.10.25 AFTER RECESS--10:02 P.M.
para.10.26 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON S.
652--H. RES. 353
para.10.27 ENROLLED BILL SIGNED
para.10.28 LEAVE OF ABSENCE
para.10.29 ADJOURNMENT
para.10.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 3178]]
para.10.31 PUBLIC BILLS AND RESOLUTIONS
para.10.32 ADDITIONAL SPONSORS
THURSDAY, FEBRUARY 1, 1996 (11)
para.11.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.11.2 APPROVAL OF THE JOURNAL
para.11.3 COMMUNICATIONS
para.11.4 RECESS--10:03 A.M.
para.11.5 AFTER RECESS--1:03 P.M.
para.11.6 PROCEEDINGS DURING RECESS
para.11.7 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
652--H. RES. 353
para.11.8 [ROLL NO. 24]--ON AGREEING TO H. RES. 353
para.11.9 TELECOMMUNICATIONS COMPETITION AND DEREGULATION--CONFERENCE
REPORT ON S. 652
para.11.10 [ROLL NO. 25]--ON AGREEING TO THE CONFERENCE REPORT
para.11.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2924--H. RES. 355
para.11.12 PRIVILEGES OF THE HOUSE--H. RES. 356
para.11.13 [ROLL NO. 26]--ON THE MOTION TO LAY ON THE TABLE THE APPEAL
OF THE RULING OF THE CHAIR
para.11.14 PRIVILEGES OF THE HOUSE--H. RES. 354
para.11.15 [ROLL NO. 27]--ON THE MOTION TO LAY ON THE TABLE THE APPEAL
OF THE RULING OF THE CHAIR
para.11.16 PROVIDING FOR THE CONSIDERATION OF H.R. 2924--H. RES. 355
para.11.17 [ROLL NO. 28]--ON ORDERING THE PREVIOUS QUESTION
para.11.18 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 141
para.11.19 [ROLL NO. 29]--ON AGREEING TO H. CON. RES. 141
para.11.20 SOCIAL SECURITY PAYMENT GUARANTEE--H.R. 2924
para.11.21 [ROLL NO. 30]--ON PASSAGE OF H.R. 2924
para.11.22 MESSAGE FROM THE SENATE
para.11.23 COMMITTEE RESIGNATION--MAJORITY
para.11.24 COMMITTEE ELECTION--MAJORITY--H. RES. 357
para.11.25 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.11.26 RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES--HONORABLE
KWEISI MFUME
para.11.27 RUTH AND BILLY GRAHAM GOLD MEDAL--SENATE AMENDMENT--H.R.
2657
para.11.28 GENERAL LEAVE TO EXTEND REMARKS IN THE RECORD
para.11.29 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
para.11.30 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.11.31 ADJOURNMENT OVER
para.11.32 RECESS--10:38 P.M.
FRIDAY, FEBRUARY 2 (LEGISLATIVE DAY OF FEBRUARY 1), 1996
para.11.33 AFTER RECESS--12:01 A.M.
para.11.34 BILLS PRESENTED TO THE PRESIDENT
para.11.35 LEAVE OF ABSENCE
para.11.36 ADJOURNMENT
para.11.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.11.38 PUBLIC BILLS AND RESOLUTIONS
para.11.39 PRIVATE BILLS AND RESOLUTIONS
para.11.40 ADDITIONAL SPONSORS
para.11.41 DELETIONS
TUESDAY, FEBRUARY 6, 1996 (12)
para.12.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.12.2 APPROVAL OF THE JOURNAL
para.12.3 COMMUNICATIONS
para.12.4 SPEAKER PRO TEMPORE ELECTION--H. RES. 363
para.12.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.12.6 ENROLLED BILLS SIGNED
para.12.7 GENERAL LEAVE TO EXTEND REMARKS IN THE RECORD
para.12.8 ADJOURNMENT OVER
para.12.9 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
[[Page 3179]]
para.12.10 BUDGET OF THE U.S. GOVERNMENT, FY 1997
para.12.11 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.12.12 US-CHINA ORIGIN SATELLITES MABUHAY PROJECT
para.12.13 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.12.14 US-CHINA ORIGIN SATELLITES COSAT PROJECT
para.12.15 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.12.16 US-CHINA ORIGIN SATELLITES CHINASAT PROJECT
para.12.17 SUBPOENA--MR. HOKE
para.12.18 RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES--HONORABLE
RON WYDEN
para.12.19 BILLS PRESENTED TO THE PRESIDENT
para.12.20 ADJOURNMENT
para.12.21 PUBLIC BILLS AND RESOLUTIONS
para.12.22 ADDITIONAL SPONSORS
FRIDAY, FEBRUARY 9, 1996 (13)
para.13.1 APPROVAL OF THE JOURNAL
para.13.2 COMMUNICATIONS
para.13.3 MESSAGE FROM THE SENATE
para.13.4 ORDER OF BUSINESS--WASHINGTON'S BIRTHDAY OBSERVANCE
para.13.5 WASHINGTON'S BIRTHDAY OBSERVANCE--APPOINTMENTS
para.13.6 CIVIL SERVICE COMMISSION--APPOINTMENT
para.13.7 SENATE BILL REFERRED
para.13.8 ADJOURNMENT
para.13.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.13.10 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.13.11 COMMITTEE DISCHARGED
para.13.12 PUBLIC BILLS AND RESOLUTIONS
para.13.13 ADDITIONAL SPONSORS
para.13.14 PETITIONS
TUESDAY, FEBRUARY 13, 1996 (14)
para.14.1 APPROVAL OF THE JOURNAL
para.14.2 COMMUNICATIONS
para.14.3 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.14.4 U.S.-POLAND FISHERIES AGREEMENT
para.14.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.14.6 TERRORISTS-MIDDLE EAST
para.14.7 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.14.8 INTERNATIONAL WHALING COMMISSION-JAPAN
para.14.9 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.14.10 NATIONAL EMERGENCY WITH RESPECT TO IRAQ
para.14.11 ADJOURNMENT
para.14.12 PUBLIC BILLS AND RESOLUTIONS
para.14.13 ADDITIONAL SPONSORS
FRIDAY, FEBRUARY 16, 1996 (15)
para.15.1 APPROVAL OF THE JOURNAL
para.15.2 COMMUNICATIONS
para.15.3 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.15.4 COUNCIL OF ECONOMIC ADVISORS REPORT
para.15.5 ENROLLED BILL SIGNED
para.15.6 ADJOURNMENT
para.15.7 PUBLIC BILLS AND RESOLUTIONS
para.15.8 ADDITIONAL SPONSORS
TUESDAY, FEBRUARY 20, 1996 (16)
para.16.1 APPROVAL OF THE JOURNAL
para.16.2 COMMUNICATIONS
[[Page 3180]]
para.16.3 ADJOURNMENT
para.16.4 MEMORIALS
para.16.5 ADDITIONAL SPONSORS
para.16.6 PETITIONS
FRIDAY, FEBRUARY 23, 1996 (17)
para.17.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.17.2 APPROVAL OF THE JOURNAL
para.17.3 COMMUNICATIONS
para.17.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.17.5 NATIONAL ENDOWMENT FOR DEMOCRACY
para.17.6 GEORGE WASHINGTON'S BIRTHDAY OBSERVANCE
para.17.7 ADJOURNMENT OVER
para.17.8 ADJOURNMENT
para.17.9 PUBLIC BILLS AND RESOLUTIONS
para.17.10 MEMORIALS
para.17.11 ADDITIONAL SPONSORS
para.17.12 PETITIONS
TUESDAY, FEBRUARY 27, 1996 (18)
para.18.1 RECESS--1:36 P.M.
para.18.2 AFTER RECESS--2:00 P.M.
para.18.3 APPROVAL OF THE JOURNAL
para.18.4 COMMUNICATIONS
para.18.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.18.6 IMPOUNDMENT CONTROL
para.18.7 STEVENSON-WYDLER TECHNOLOGY INNOVATION--H.R. 2196
para.18.8 HOUSING OPPORTUNITY PROGRAM EXTENSION--S. 1494
para.18.9 H.R. 2196--UNFINISHED BUSINESS--ON PASSAGE
para.18.10 S. 1494--UNFINISHED BUSINESS--ON PASSAGE
para.18.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2854--H. RES. 366
para.18.12 LEAVE OF ABSENCE
para.18.13 ADJOURNMENT
para.18.14 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.18.15 PUBLIC BILLS AND RESOLUTIONS
para.18.16 MEMORIALS
para.18.17 ADDITIONAL SPONSORS
para.18.18 PETITIONS
WEDNESDAY, FEBRUARY 28, 1996 (19)
para.19.1 APPROVAL OF THE JOURNAL
para.19.2 COMMUNICATIONS
para.19.3 MESSAGE FROM THE SENATE
para.19.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.19.5 AUTHORIZING THE SPEAKER TO DECLARE RECESSES
para.19.6 PROVIDING FOR CONSIDERATION OF H.R. 2677--H. RES. 323
para.19.7 PROVIDING FOR THE CONSIDERATION OF H.R. 2854--H. RES. 366
para.19.8 [ROLL NO. 31]--ON ORDERING THE PREVIOUS QUESTION
para.19.9 [ROLL NO. 32]--ON AGREEING TO H. RES. 366
para.19.10 COMMITTEE RESIGNATION--MINORITY
para.19.11 COMMITTEE RESIGNATION--MINORITY
para.19.12 COMMITTEE ELECTIONS--MINORITY--H. RES. 367
para.19.13 NOTICE REQUIREMENT--MOTION TO INSTRUCT CONFEREES--H.R. 956
para.19.14 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 2854
para.19.15 AGRICULTURE MARKET TRANSITION--H.R. 2854
para.19.16 RECORDED VOTE--AMENDMENT BY MR. CHABOT
para.19.17 [ROLL NO. 33]--ON THE AMENDMENT
para.19.18 RECORDED VOTE--AMENDMENT BY MR. SHAYS
[[Page 3181]]
para.19.19 [ROLL NO. 34]--ON THE AMENDMENT
para.19.20 RECORDED VOTE--AMENDMENT BY MR. MILLER OF FLORIDA
para.19.21 [ROLL NO. 35]--ON THE AMENDMENT
para.19.22 RECORDED VOTE--AMENDMENT BY MR. SOLOMON
para.19.23 [ROLL NO. 36]--ON THE AMENDMENT
para.19.24 HOUR OF MEETING
para.19.25 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 2854
para.19.26 FOREIGN OPERATIONS AUTHORIZATION--CONFERENCE REPORT ON H.R.
1561
para.19.27 ENROLLED BILL SIGNED
para.19.28 LEAVE OF ABSENCE
para.19.29 ADJOURNMENT
para.19.30 PUBLIC BILLS AND RESOLUTIONS
para.19.31 MEMORIALS
para.19.32 ADDITIONAL SPONSORS
para.19.33 PETITIONS
THURSDAY, FEBRUARY 29, 1996 (20)
para.20.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.20.2 APPROVAL OF THE JOURNAL
para.20.3 COMMUNICATIONS
para.20.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.20.5 AGRICULTURE MARKET TRANSITION--H.R. 2854
para.20.6 RECORDED VOTE--AMENDMENT BY MR. BOEHLERT
para.20.7 [ROLL NO. 37]--ON THE AMENDMENT
para.20.8 RECORDED VOTE--AMENDMENT BY MR. DOOLEY
para.20.9 [ROLL NO. 38]--ON THE AMENDMENT
para.20.10 RECORDED VOTE--AMENDMENT BY MR. FOLEY
para.20.11 [ROLL NO. 39]--ON THE AMENDMENT
para.20.12 RECORDED VOTE--AMENDMENTS EN BLOC BY MR. STENHOLM
para.20.13 [ROLL NO. 40]--ON THE AMENDMENTS EN BLOC
para.20.14 POINT OF ORDER--MOTION TO RECOMMIT WITH INSTRUCTIONS
para.20.15 [ROLL NO. 41]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.20.16 [ROLL NO. 42]--ON PASSAGE OF H.R. 2854
para.20.17 CLERK TO CORRECT ENGROSSMENT--H.R. 2854
para.20.18 MOTION TO INSTRUCT CONFEREES--H.R. 956
para.20.19 [ROLL NO. 43]--ON THE MOTION TO INSTRUCT CONFEREES
para.20.20 PROVIDING FOR THE CONSIDERATION OF H.R. 994--H. RES. 368
para.20.21 COAST GUARD AUTHORIZATION--S. 1005
para.20.22 ADJOURNMENT OVER
para.20.23 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.20.24 PERMISSION TO FILE CONFERENCE REPORT--H.R. 927
para.20.25 ADJOURNMENT
para.20.26 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.20.27 PUBLIC BILLS AND RESOLUTIONS
para.20.28 ADDITIONAL SPONSORS
para.20.29 DELETIONS
MONDAY, MARCH 4, 1996 (21)
para.21.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.21.2 APPROVAL OF THE JOURNAL
para.21.3 COMMUNICATIONS
para.21.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.21.5 NATIONAL EMERGENCY WITH RESPECT TO CUBA
para.21.6 BILLS PRESENTED TO THE PRESIDENT
para.21.7 LEAVE OF ABSENCE
para.21.8 ADJOURNMENT
para.21.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.21.10 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
[[Page 3182]]
para.21.11 PUBLIC BILLS AND RESOLUTIONS
para.21.12 ADDITIONAL SPONSORS
para.21.13 PETITIONS
TUESDAY, MARCH 5, 1996 (22)
para.22.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.22.2 RECESS--9:53 A.M.
para.22.3 AFTER RECESS--11:00 A.M.
para.22.4 APPROVAL OF THE JOURNAL
para.22.5 COMMUNICATIONS
para.22.6 COMMITTEES AND SUBCOMMITTEES TO SIT
para.22.7 MESSAGES FROM THE PRESIDENT
para.22.8 SUBPOENA--CLERK OF THE HOUSE
para.22.9 TAX BENEFITS FOR U.S. TROOPS IN BOSNIA--H.R. 2778
para.22.10 MFN STATUS FOR BULGARIA--H.R. 2853
para.22.11 GAMBLING IMPACT AND POLICY COMMISSION--H.R. 497
para.22.12 MESSAGE FROM THE PRESIDENT--ARCTIC RESEARCH POLICY CENTER
para.22.13 MESSAGE FROM THE PRESIDENT--IMPOUNDMENT CONTROL
para.22.14 RECESS--12:36 P.M.
para.22.15 AFTER RECESS--1:00 P.M.
para.22.16 RECESS--2:15 P.M.
para.22.17 AFTER RECESS--3:01 P.M.
para.22.18 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.22.19 H.R. 2778--UNFINISHED BUSINESS
para.22.20 [ROLL NO. 44]--ON PASSAGE OF H.R. 2778
para.22.21 H.R. 2853--UNFINISHED BUSINESS
para.22.22 COMMITTEE RESIGNATION--MINORITY
para.22.23 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT OF
H.R. 927--H. RES. 370
para.22.24 RECESS--4:55 P.M.
para.22.25 AFTER RECESS--6:23 P.M.
para.22.26 RECESS--7:24 P.M.
para.22.27 AFTER RECESS--9:28 P.M.
para.22.28 LEAVE OF ABSENCE
para.22.29 ADJOURNMENT
para.22.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.22.31 PUBLIC BILLS AND RESOLUTIONS
para.22.32 ADDITIONAL SPONSORS
para.22.33 DELETIONS
WEDNESDAY, MARCH 6, 1996 (23)
para.23.1 APPROVAL OF THE JOURNAL
para.23.2 COMMUNICATIONS
para.23.3 MESSAGE FROM THE SENATE
para.23.4 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.23.5 [ROLL NO. 45]--ON APPROVAL OF THE JOURNAL
para.23.6 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
927--H. RES. 370
para.23.7 [ROLL NO. 46]--ON AGREEING TO H. RES. 370
para.23.8 CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY--CONFERENCE REPORT ON
H.R. 927
para.23.9 [ROLL NO. 47]--ON AGREEING TO THE CONFERENCE REPORT
para.23.10 WHITE HOUSE TRAVEL OFFICE--H. RES. 369
para.23.11 RECESS--6:46 P.M.
para.23.12 AFTER RECESS--7:10 P.M.
para.23.13 PROVIDING FOR THE CONSIDERATION OF H.R. 3021--H. RES. 371
para.23.14 PROVIDING FOR THE CONSIDERATION OF H.R. 3019--H. RES. 372
para.23.15 PERMISSION TO FILE AMENDMENT--H.R. 3019
para.23.16 ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS--
APPOINTMENTS
para.23.17 LEAVE OF ABSENCE
para.23.18 ADJOURNMENT
[[Page 3183]]
para.23.19 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.23.20 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.23.21 PUBLIC BILLS AND RESOLUTIONS
para.23.22 PRIVATE BILLS AND RESOLUTIONS
para.23.23 ADDITIONAL SPONSORS
para.23.24 PETITIONS
para.23.25 DELETIONS
THURSDAY, MARCH 7, 1996 (24)
para.24.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.24.2 APPROVAL OF THE JOURNAL
para.24.3 COMMUNICATIONS
para.24.4 MESSAGE FROM THE SENATE
para.24.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.24.6 PROVIDING FOR THE CONSIDERATION OF H.R. 3021--H. RES. 371
para.24.7 DEBT LIMIT INCREASE--H.R. 3021
para.24.8 [ROLL NO. 48]--ON PASSAGE OF H.R. 3021
para.24.9 PROVIDING FOR THE CONSIDERATION OF H.R. 3019--H. RES. 372
para.24.10 [ROLL NO. 49]--ON AGREEING TO THE AMENDMENT BY MR. DREIER
para.24.11 [ROLL NO. 50]--ON AGREEING TO H. RES. 372, AS AMENDED
para.24.12 FURTHER DOWNPAYMENT TOWARD A BALANCED BUDGET--H.R. 3019
para.24.13 RECORDED VOTE--AMENDMENT BY MRS. LOWEY
para.24.14 [ROLL NO. 51]--ON THE AMENDMENT
para.24.15 MESSAGES FROM THE PRESIDENT
para.24.16 RECORDED VOTE--AMENDMENT BY MR. ISTOOK
para.24.17 [ROLL NO. 52]--ON THE AMENDMENT
para.24.18 RECORDED VOTE--AMENDMENT BY MR. CRAPO
para.24.19 [ROLL NO. 53]--ON THE AMENDMENT
para.24.20 [ROLL NO. 54]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.24.21 [ROLL NO. 55] --ON PASSAGE OF H.R. 3019
para.24.22 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
1561--H. RES. 375
para.24.23 PROVIDING FOR THE CONSIDERATION OF H.R. 2703--H. RES. 376
para.24.24 FURTHER MESSAGE FROM THE SENATE
para.24.25 WHITE HOUSE TRAVEL OFFICE--H. RES. 369
para.24.26 ADJOURNMENT OVER
para.24.27 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.24.28 LAND DISPOSAL PROGRAM FLEXIBILITY--H.R. 2036
para.24.29 MESSAGE FROM THE PRESIDENT--DOD REORGANIZATION
para.24.30 PERMISSION TO FILE SUPPLEMENTAL REPORT--H.R. 2202
para.24.31 COMMITTEE RESIGNATION--MINORITY
para.24.32 JOINT ECONOMIC COMMITTEE--APPOINTMENTS
para.24.33 ENROLLED BILLS SIGNED
para.24.34 LEAVE OF ABSENCE
para.24.35 ADJOURNMENT
para.24.36 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.24.37 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.24.38 PUBLIC BILLS AND RESOLUTIONS
para.24.39 ADDITIONAL SPONSORS
FRIDAY, MARCH 8, 1996 (25)
para.25.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.25.2 APPROVAL OF THE JOURNAL
para.25.3 COMMUNICATIONS
para.25.4 SUBMISSION OF CONFERENCE REPORT--H.R. 1561
para.25.5 ADJOURNMENT
para.25.6 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.25.7 COMMITTEE DISCHARGED
para.25.8 PUBLIC BILLS AND RESOLUTIONS
[[Page 3184]]
para.25.9 MEMORIALS
para.25.10 ADDITIONAL SPONSORS
TUESDAY, MARCH 12, 1996 (26)
para.26.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.26.2 RECESS--1:01 P.M.
para.26.3 AFTER RECESS--2:00 P.M.
para.26.4 APPROVAL OF THE JOURNAL
para.26.5 COMMUNICATIONS
para.26.6 CORRECTIONS CALENDAR
para.26.7 MEDICARE AND MEDICAID COVERAGE DATE BANK REPEAL--H.R. 2685
para.26.8 POINT OF ORDER
para.26.9 POINT OF ORDER
para.26.10 POINT OF ORDER
para.26.11 POINT OF ORDER
para.26.12 POINT OF ORDER
para.26.13 POINT OF ORDER
para.26.14 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.26.15 NATIONAL EMERGENCY WITH RESPECT TO IRAN
para.26.16 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.26.17 NATIONAL EMERGENCY WITH RESPECT TO IRAN
para.26.18 ENROLLED BILL SIGNED
para.26.19 SUBPOENA--MR. BRYANT
para.26.20 SUBPOENA--MR. PORTER
para.26.21 SECURITIES AND EXCHANGE COMMISSION AUTHORIZATION--H.R. 2972
para.26.22 FEDERAL AVIATION ADMINISTRATION REVITALIZATION--H.R. 2276
para.26.23 BI-STATE DEVELOPMENT OF MISSOURI AND ILLINOIS--H.J. RES. 78
para.26.24 HISTORIC CHATTAHOOCHEE COMPACT--H.R. 2064
para.26.25 SENSE OF CONGRESS CONDEMNING TERROR ATTACKS--H. CON. RES.
149
para.26.26 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 1561--H. RES. 375
para.26.27 [ROLL NO. 56]--ON AGREEING TO H. RES. 375
para.26.28 H.J. RES. 78--UNFINISHED BUSINESS
para.26.29 [ROLL NO. 57]--ON PASSAGE OF H.J. RES. 78
para.26.30 H.R. 2064--UNFINISHED BUSINESS
para.26.31 H. CON RES. 149--UNFINISHED BUSINESS
para.26.32 [ROLL NO. 58]--ON AGREEING TO H. CON. RES. 149
para.26.33 AMERICAN OVERSEAS INVESTMENTS--CONFERENCE REPORT ON H.R.
1561
para.26.34 [ROLL NO. 59]--ON AGREEING TO THE CONFERENCE REPORT
para.26.35 PROVIDING FOR THE CONSIDERATION OF H.R. 2703--H. RES. 380
para.26.36 STANDARDS OF OFFICIAL CONDUCT FUNDING--H. RES. 377
para.26.37 ENROLLED BILL SIGNED
para.26.38 BILLS PRESENTED TO THE PRESIDENT
para.26.39 BILLS AND JOINT RESOLUTIONS APPROVED
para.26.40 SENATE BILLS APPROVED
para.26.41 LEAVE OF ABSENCE
para.26.42 ADJOURNMENT
para.26.43 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.26.44 COMMITTEE DISCHARGED
para.26.45 PUBLIC BILLS AND RESOLUTIONS
para.26.46 MEMORIALS
para.26.47 ADDITIONAL SPONSORS
para.26.48 DELETIONS
WEDNESDAY, MARCH 13, 1996 (27)
para.27.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.27.2 APPROVAL OF THE JOURNAL
para.27.3 COMMUNICATIONS
para.27.4 MESSAGE FROM THE SENATE
[[Page 3185]]
para.27.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.27.6 PROVIDING FOR THE CONSIDERATION OF H.R. 2703--H. RES. 380
para.27.7 [ROLL NO. 60]--ON AGREEING TO H. RES. 380
para.27.8 ANTI-TERRORISM--H.R. 2703
para.27.9 RECORDED VOTE--AMENDMENT BY MR. BARR
para.27.10 [ROLL NO. 61]--ON THE AMENDMENT
para.27.11 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 2037
para.27.12 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 2703
para.27.13 CHANGE OF CONFEREE--H.R. 956
para.27.14 ANTI-TERRORISM--H.R. 2703
para.27.15 ORDER OF BUSINESS--CONSIDERATION OF H.J. RES. 163
para.27.16 USE OF THE CAPITOL ROTUNDA--S. CON. RES. 45
para.27.17 MESSAGE FROM THE PRESIDENT
para.27.18 MESSAGE FROM THE PRESIDENT--IMPOUNDMENT CONTROL
para.27.19 LEAVE OF ABSENCE
para.27.20 ADJOURNMENT
para.27.21 PUBLIC BILLS AND RESOLUTIONS
para.27.22 MEMORIALS
para.27.23 PRIVATE BILLS AND RESOLUTIONS
para.27.24 ADDITIONAL SPONSORS
para.27.25 DELETIONS
THURSDAY, MARCH 14, 1996 (28)
para.28.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.28.2 APPROVAL OF THE JOURNAL
para.28.3 COMMUNICATIONS
para.28.4 MESSAGE FROM THE SENATE
para.28.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.28.6 FURTHER CONTINUING APPROPRIATIONS FOR 1996--H.J. RES. 163
para.28.7 [ROLL NO. 62]--ON PASSAGE OF H.J. RES. 163
para.28.8 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.28.9 [ROLL NO. 63]--ON APPROVAL OF THE JOURNAL
para.28.10 SUBMISSION OF CONFERENCE REPORT--H.R. 956
para.28.11 ANTI-TERRORISM--H.R. 2703 AND S. 735
para.28.12 RECORDED VOTE--AMENDMENT BY MR. WATT
para.28.13 [ROLL NO. 64]--ON THE AMENDMENT
para.28.14 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY
MR. CONYERS
para.28.15 [ROLL NO. 65]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.28.16 [ROLL NO. 66]--ON PASSAGE OF H.R. 2703
para.28.17 CLERK TO CORRECT ENGROSSMENT--H.R. 2703
para.28.18 AGRICULTURE MARKET TRANSITION--H.R. 2854
para.28.19 MOTION TO INSTRUCT CONFEREES--H.R. 2854
para.28.20 [ROLL NO. 67]--ON THE MOTION TO INSTRUCT CONFEREES
para.28.21 APPOINTMENT OF CONFEREES--H.R. 2854
para.28.22 COMMITTEE ELECTION--MAJORITY--382
para.28.23 COMMITTEE RESIGNATION--MINORITY
para.28.24 COMMITTEE ELECTION--MINORITY--H. RES. 383
para.28.25 ADJOURNMENT OVER
para.28.26 HOUR OF MEETING
para.28.27 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.28.28 RECESS--4:29 P.M.
para.28.29 AFTER RECESS--6:36 P.M.
para.28.30 PROVIDING FOR THE CONSIDERATION OF H.R. 2202--H. RES. 384
para.28.31 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.28.32 ENROLLED BILL SIGNED
para.28.33 LEAVE OF ABSENCE
para.28.34 ADJOURNMENT
para.28.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 3186]]
para.28.36 PUBLIC BILLS AND RESOLUTIONS
para.28.37 MEMORIALS
para.28.38 ADDITIONAL SPONSORS
MONDAY, MARCH 18, 1996 (29)
para.29.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.29.2 APPROVAL OF THE JOURNAL
para.29.3 COMMUNICATIONS
para.29.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.29.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.29.6 ENROLLED JOINT RESOLUTION SIGNED
para.29.7 COMMUNICATION FROM THE CHAIRMAN--IMMIGRATION REFORM--H.R.
2202
para.29.8 BILL AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
para.29.9 ADJOURNMENT
para.29.10 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.29.11 COMMITTEE DISCHARGED
para.29.12 PUBLIC BILLS AND RESOLUTIONS
para.29.13 ADDITIONAL SPONSORS
TUESDAY, MARCH 19, 1996 (30)
para.30.1 MESSAGE FROM THE PRESIDENT
para.30.2 ``MORNING HOUR'' DEBATES
para.30.3 RECESS--1:21 P.M.
para.30.4 AFTER RECESS--2:00 P.M.
para.30.5 APPROVAL OF THE JOURNAL
para.30.6 COMMUNICATIONS
para.30.7 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.30.8 U.S.-ARGENTINA NUCLEAR ENERGY AGREEMENT
para.30.9 MESSAGE FROM THE PRESIDENT--BUDGET, FY 1997
para.30.10 COMMITTEES AND SUBCOMMITTEES TO SIT
para.30.11 LEGAL EXPENSES OF TRAVEL OFFICE EMPLOYEES--H.R. 2937
para.30.12 VERMONT-NEW HAMPSHIRE PUBLIC WATER SUPPLY--H.J. RES. 129
para.30.13 DEFENSE OF TAIWAN--H. CON. RES. 148
para.30.14 MESSAGE FROM THE SENATE
para.30.15 HOUSE ADMINISTRATIVE REFORM--H.R. 2739
para.30.16 PROVIDING FOR THE CONSIDERATION OF H.R. 2202--H. RES. 384
para.30.17 [ROLL NO. 68]--ON AGREEING TO H. RES. 384
para.30.18 ORDER OF BUSINESS--CONSIDERATION OF H.R. 2202
para.30.19 H.R. 2937--UNFINISHED BUSINESS
para.30.20 [ROLL NO. 69]--ON PASSAGE OF H.R. 2937
para.30.21 H. CON RES. 148--UNFINISHED BUSINESS
para.30.22 [ROLL NO. 70]--ON AGREEING TO H. CON. RES. 148
para.30.23 IMMIGRATION REFORM--H.R. 2202
para.30.24 ENROLLED JOINT RESOLUTION SIGNED
para.30.25 SENATE ENROLLED BILL SIGNED
para.30.26 LEAVE OF ABSENCE
para.30.27 ADJOURNMENT
para.30.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.30.29 PUBLIC BILLS AND RESOLUTIONS
para.30.30 ADDITIONAL SPONSORS
para.30.31 DELETIONS
WEDNESDAY, MARCH 20, 1996 (31)
para.31.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.31.2 APPROVAL OF THE JOURNAL
para.31.3 COMMUNICATIONS
para.31.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.31.5 IMMIGRATION REFORM--H.R. 2202
[[Page 3187]]
para.31.6 RECORDED VOTE--AMENDMENT BY MR. BEILENSON
para.31.7 [ROLL NO. 71]--ON THE AMENDMENT
para.31.8 RECORDED VOTE--AMENDMENT BY MR. MCCOLLUM
para.31.9 [ROLL NO. 72]--ON THE AMENDMENT
para.31.10 RECORDED VOTE--AMENDMENT BY MR. BRYANT OF TENNESSEE
para.31.11 [ROLL NO. 73]--ON THE AMENDMENT
para.31.12 RECORDED VOTE--AMENDMENT BY MS. VELAZQUEZ
para.31.13 [ROLL NO. 74]--ON THE AMENDMENT
para.31.14 RECORDED VOTE--AMENDMENT BY MR. GALLEGLY
para.31.15 [ROLL NO. 75]--ON THE AMENDMENT
para.31.16 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. CHABOT
para.31.17 [ROLL NO. 76]--ON THE AMENDMENT, AS MODIFIED
para.31.18 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. GALLEGLY
para.31.19 [ROLL NO. 77]--ON THE AMENDMENT, AS MODIFIED
para.31.20 RECORDED VOTE--AMENDMENT BY MR. CANADY
para.31.21 [ROLL NO. 78]--ON THE AMENDMENT
para.31.22 RECORDED VOTE--AMENDMENT BY MR. DREIER
para.31.23 [ROLL NO. 79]--ON THE AMENDMENT
para.31.24 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 165--H. RES.
386
para.31.25 LEAVE OF ABSENCE
para.31.26 ADJOURNMENT
para.31.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.31.28 PUBLIC BILLS AND RESOLUTIONS
para.31.29 PRIVATE BILLS AND RESOLUTIONS
para.31.30 ADDITIONAL SPONSORS
THURSDAY, MARCH, 21, 1996 (32)
para.32.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.32.2 APPROVAL OF THE JOURNAL
para.32.3 COMMUNICATIONS
para.32.4 MESSAGE FROM THE SENATE
para.32.5 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 165--H. RES. 386
para.32.6 [ROLL NO. 80]--ON ORDERING THE PREVIOUS QUESTION
para.32.7 [ROLL NO. 81]--ON AGREEING TO H. RES. 386
para.32.8 BOARD OF TEA EXPERTS--H.R. 2969
para.32.9 PRIVILEGES OF THE HOUSE--RETURN OF SENATE BILL--H. RES. 387
para.32.10 FURTHER CONTINUING APPROPRIATIONS, FY 1996--H.J. RES. 165
para.32.11 [ROLL NO. 82]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.32.12 [ROLL NO. 83]--ON PASSAGE OF H.J. RES. 165
para.32.13 COMMITTEES AND SUBCOMMITTEES TO SIT
para.32.14 IMMIGRATION REFORM--H.R. 2202
para.32.15 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. CHRYSLER
para.32.16 [ROLL NO. 84]--ON THE AMENDMENT, AS MODIFIED
para.32.17 RECORDED VOTE--AMENDMENT, AS AMENDED, BY MR. POMBO
para.32.18 [ROLL NO. 85]--ON THE AMENDMENT, AS AMENDED
para.32.19 RECORDED VOTE--AMENDMENT BY MR. GOODLATTE
para.32.20 [ROLL NO. 86]--ON THE AMENDMENT
para.32.21 RECORDED VOTE--AMENDMENT BY MR. BURR
para.32.22 [ROLL NO. 87]--ON THE AMENDMENT
para.32.23 [ROLL NO. 88]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.32.24 [ROLL NO. 89]--ON PASSAGE OF H.R. 2202
para.32.25 CLERK TO CORRECT ENGROSSMENT--H.R. 2202
para.32.26 PROVIDING FOR THE CONSIDERATION OF H.R. 125--J. RES. 388
para.32.27 SUBMISSION OF CONFERENCE REPORT--S. 4
para.32.28 FURTHER DOWNPAYMENT ON A BALANCED BUDGET--H.R. 3019
para.32.29 [ROLL NO. 90]--ON THE MOTION TO INSTRUCT THE MANAGERS
para.32.30 APPOINTMENT OF CONFEREES--H.R. 3019
para.32.31 FURTHER MESSAGE FROM THE SENATE
[[Page 3188]]
para.32.32 SENATE BILL REFERRED
para.32.33 ENROLLED BILLS SIGNED
para.32.34 BILLS PRESENTED TO THE PRESIDENT
para.32.35 LEAVE OF ABSENCE
para.32.36 ADJOURNMENT
para.32.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.32.38 PUBLIC BILLS AND RESOLUTIONS
para.32.39 ADDITIONAL SPONSORS
para.32.40 DELETIONS
FRIDAY, MARCH 22, 1996 (33)
para.33.1 APPROVAL OF THE JOURNAL
para.33.2 COMMUNICATIONS
para.33.3 PROVIDING FOR THE CONSIDERATION OF H.R. 125--H. RES. 388
para.33.4 [ROLL NO. 91]--ON AGREEING TO H. RES. 388
para.33.5 GUN CRIME AND ENFORCEMENT--H.R. 125
para.33.6 [ROLL NO. 92]--ON PASSAGE OF H.R. 125
para.33.7 PERMISSION TO FILE CONFERENCE REPORT--H.R. 2854
para.33.8 PROVIDING FOR THE CONSIDERATION OF SENATE AMENDMENTS TO H.R.
1833--H. RES. 389
para.33.9 ADJOURNMENT OVER
para.33.10 HOUR OF MEETING
para.33.11 HOUR OF MEETING
para.33.12 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.33.13 SENATE BILL REFERRED
para.33.14 ENROLLED JOINT RESOLUTION SIGNED
para.33.15 SENATE ENROLLED JOINT RESOLUTION SIGNED
para.33.16 LEAVE OF ABSENCE
para.33.17 ADJOURNMENT
para.33.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.33.19 PUBLIC BILLS AND RESOLUTIONS
para.33.20 ADDITIONAL SPONSORS
para.33.21 DELETIONS
MONDAY, MARCH 25, 1996 (34)
para.34.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.34.2 APPROVAL OF THE JOURNAL
para.34.3 COMMUNICATIONS
para.34.4 MESSAGE FROM THE PRESIDENT
para.34.5 MESSAGE FROM THE SENATE
para.34.6 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO ANGOLA
para.34.7 RECESS--2:07 P.M.
para.34.8 AFTER RECESS--3:49 P.M.
para.34.9 ADJOURNMENT
para.34.10 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.34.11 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.34.12 PUBLIC BILLS AND RESOLUTIONS
para.34.13 ADDITIONAL SPONSORS
TUESDAY, MARCH 26, 1996 (35)
para.35.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.35.2 MESSAGE FROM THE SENATE
para.35.3 ``MORNING HOUR'' DEBATES
para.35.4 RECESS--12:53 P.M.
para.35.5 AFTER RECESS--2:00 P.M.
para.35.6 APPROVAL OF THE JOURNAL
para.35.7 COMMUNICATIONS
para.35.8 SPECIAL OLYMPICS TORCH RELAY--H. CON. RES. 146
para.35.9 PEACE OFFICERS' MEMORIAL SERVICE--H. CON. RES. 147
[[Page 3189]]
para.35.10 PEACE CORPS' 35TH ANNIVERSARY--H.J. RES. 158
para.35.11 HUMAN RIGHTS IN CAMBODIA--H. RES. 345
para.35.12 IRAQI MASSACRE OF KURDS ANNIVERSARY--H. RES. 379
para.35.13 IRANIAN TREATMENT OF BAHA'IS--H. CON. RES. 102
para.35.14 ENROLLMENT REQUIREMENTS--H.J. RES. 168
para.35.15 SENATE BILL REFERRED
para.35.16 ADJOURNMENT
para.35.17 PUBLIC BILLS AND RESOLUTIONS
para.35.18 ADDITIONAL SPONSORS
para.35.19 PETITIONS
WEDNESDAY, MARCH 27, 1996 (36)
para.36.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.36.2 APPROVAL OF THE JOURNAL
para.36.3 COMMUNICATIONS
para.36.4 INTERPARLIAMENTARY GROUP RESIGNATION--APPOINTMENTS
para.36.5 U.S.--CANADA INTERPARLIAMENTARY GROUP--APPOINTMENT
para.36.6 LIBRARY OF CONGRESS TRUST FUND BOARD--APPOINTMENT
para.36.7 MESSAGES FROM THE PRESIDENT
para.36.8 RECESS--4:41 P.M.
para.36.9 AFTER RECESS--5 P.M.
para.36.10 PROVIDING FOR THE CONSIDERATION OF SENATE AMENDMENTS TO H.R.
1833--H. RES. 389
para.36.11 [ROLL NO. 93]--ON AGREEING TO H. RES. 389
para.36.12 PARTIAL-BIRTH ABORTION--SENATE AMENDMENTS--H.R. 1833
para.36.13 [ROLL NO. 94]--ON AGREEING TO THE SENATE AMENDMENTS
para.36.14 H. RES. 379--UNFINISHED BUSINESS
para.36.15 [ROLL NO. 95]--ON AGREEING TO H. RES. 379
para.36.16 H. CON. RES. 102--UNFINISHED BUSINESS
para.36.17 [ROLL NO. 96]--ON AGREEING TO H. CON. RES. 102
para.36.18 PROVIDING FOR THE CONSIDERATION OF H.R. 3136--H. RES. 391
para.36.19 PROVIDING FOR THE CONSIDERATION OF H.R. 3103--H. RES. 392
para.36.20 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
2854--H. RES. 394
para.36.21 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R.
956--H. RES. 395
para.36.22 MESSAGE FROM THE PRESIDENT--RADIATION CONTROL FOR HEALTH AND
SAFETY REPORT
para.36.23 MESSAGE FROM THE PRESIDENT--TRADE AGREEMENTS PROGRAM REPORT
para.36.24 SUBPOENA--CLERK OF THE HOUSE
para.36.25 LEAVE OF ABSENCE
para.36.26 ADJOURNMENT
para.36.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.36.28 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.36.29 PUBLIC BILLS AND RESOLUTIONS
para.36.30 MEMORIALS
para.36.31 ADDITIONAL SPONSORS
para.36.32 PETITIONS
THURSDAY, MARCH 28, 1996 (37)
para.37.1 APPROVAL OF THE JOURNAL
para.37.2 COMMUNICATIONS
para.37.3 MESSAGE FROM THE SENATE
para.37.4 COMMITTEES TO SIT
para.37.5 PROVIDING FOR THE CONSIDERATION OF H.R. 3161--H. RES. 391 AND
PURSUANT TO SECTION 2 OF THE RESOLUTION ADOPTION OF S. 4
para.37.6 [ROLL NO. 97]--ON ORDERING THE PREVIOUS QUESTION
para.37.7 [ROLL NO. 98]--ON AGREEING TO H. RES. 391
para.37.8 MESSAGE FROM THE PRESIDENT
para.37.9 DEBT LIMIT EXTENSION--H.R. 3136
para.37.10 POINT OF ORDER
para.37.11 POINT OF ORDER
[[Page 3190]]
para.37.12 WORDS TAKEN DOWN
para.37.13 POINT OF ORDER
para.37.14 [ROLL NO. 99]--ON THE MOTION TO LAY ON THE TABLE THE APPEAL
OF THE RULING OF THE CHAIR
para.37.15 [ROLL NO. 100]--ON THE QUESTION OF CONSIDERATION OF THE
MOTION TO RECOMMIT WITH INSTRUCTIONS
para.37.16 [ROLL NO. 101]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.37.17 [ROLL NO. 102]--ON PASSAGE OF H.R. 3136
para.37.18 MESSAGE FROM THE PRESIDENT--NATIONAL ENDOWMENT FOR THE ARTS
para.37.19 PROVIDING FOR THE CONSIDERATION OF H.R. 3103--H. RES. 392
para.37.20 [ROLL NO. 103]--ON ORDERING THE PREVIOUS QUESTION
para.37.21 FURTHER MESSAGE FROM THE SENATE
para.37.22 HEALTH CARE COVERAGE--H.R. 3103
para.37.23 [ROLL NO. 104]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.37.24 [ROLL NO. 105]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.37.25 [ROLL NO. 106]--ON PASSAGE OF H.R. 3103
para.37.26 CONFERENCE RESIGNATION--MINORITY
para.37.27 CHANGE OF CONFEREE--H.R. 3019
para.37.28 PROVIDING FOR THE CONSIDERATION OF THE CONFERENCE REPORT ON
H.R. 2854--H. RES. 393
para.37.29 AGRICULTURE REFORM--CONFERENCE REPORT ON H.R. 2854
FRIDAY, MARCH 29 (LEGISLATIVE DAY OF MARCH 28), 1996
para.37.30 [ROLL NO. 107]--ON AGREEING TO THE CONFERENCE REPORT
para.37.31 ENROLLED BILL AND JOINT RESOLUTION SIGNED
para.37.32 SENATE ENROLLED BILL SIGNED
para.37.33 LEAVE OF ABSENCE
para.37.34 ADJOURNMENT
para.37.35 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.37.36 PUBLIC BILLS AND RESOLUTIONS
para.37.37 PRIVATE BILLS AND RESOLUTIONS
para.37.38 ADDITIONAL SPONSORS
FRIDAY, MARCH 29, 1996 (38)
para.38.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.38.2 APPROVAL OF THE JOURNAL
para.38.3 COMMUNICATIONS
para.38.4 MESSAGE FROM THE SENATE
para.38.5 ORDER OF BUSINESS--CONSIDERATION OF H.J. RES. 170
para.38.6 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON H.R.
956--H. RES. 394
para.38.7 [ROLL NO. 108]--ON ORDERING THE PREVIOUS QUESTION
para.38.8 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.38.9 [ROLL NO. 109]--ON APPROVAL OF THE JOURNAL
para.38.10 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 159--H. RES.
395
para.38.11 PROVIDING FOR THE CONSIDERATION OF H.R. 842--H. RES. 396
para.38.12 PRODUCT LIABILITY REFORM--CONFERENCE REPORT ON H.R. 956
para.38.13 [ROLL NO. 110]--ON AGREEING TO THE CONFERENCE REPORT
para.38.14 FURTHER CONTINUING APPROPRIATIONS FOR 1996--H.J. RES. 170
para.38.15 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 157
para.38.16 COMMITTEE ELECTION--MAJORITY--H. RES. 397
para.38.17 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
para.38.18 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.38.19 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.38.20 SUBPOENA--MR. BENTSEN
para.38.21 BRITISH-AMERICAN INTERPARLIAMENTARY GROUP--APPOINTMENTS
para.38.22 FURTHER MESSAGE FROM THE SENATE
para.38.23 ENROLLED JOINT RESOLUTION SIGNED
para.38.24 ENROLLED BILL SIGNED
para.38.25 LEAVE OF ABSENCE
para.38.26 ADJOURNMENT
para.38.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
[[Page 3191]]
para.38.28 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.38.29 PUBLIC BILLS AND RESOLUTIONS
para.38.30 ADDITIONAL SPONSORS
para.38.31 DELETIONS
MONDAY, APRIL 15, 1996 (39)
para.39.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.39.2 MESSAGES FROM THE PRESIDENT
para.39.3 RECESS--1:20 P.M.
para.39.4 AFTER RECESS--2 P.M.
para.39.5 APPROVAL OF THE JOURNAL
para.39.6 COMMUNICATIONS
para.39.7 ENROLLED BILLS SIGNED
para.39.8 ADVISORY COMMISSION ON GOVERNMENTAL RELATIONS--APPOINTMENT
para.39.9 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 159--H. RES. 395
para.39.10 [ROLL NO. 111]--ON ORDERING THE PREVIOUS QUESTION
para.39.11 [ROLL NO. 112]--ON THE MOTION TO LAY ON THE TABLE THE MOTION
TO RECONSIDER THE VOTE
para.39.12 [ROLL NO. 113]--ON AGREEING TO H. RES. 395
para.39.13 [ROLL NO. 114]--ON THE MOTION TO LAY ON THE TABLE THE MOTION
TO RECONSIDER THE VOTE
para.39.14 CONSTITUTIONAL AMENDMENT ON TAXES--H.J. RES. 159
para.39.15 [ROLL NO. 115]--ON THE QUESTION OF CONSIDERATION OF H.J.
RES. 159
para.39.16 [ROLL NO. 116]--ON THE MOTION TO LAY ON THE TABLE THE MOTION
TO RECONSIDER THE VOTE
para.39.17 [ROLL NO. 117]--ON PASSAGE OF H.J. RES. 159
para.39.18 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.39.19 MESSAGE FROM THE PRESIDENT--VETO OF H.R. 1561
para.39.20 SUBMISSION OF CONFERENCE REPORT--S. 735
para.39.21 MESSAGE FROM THE PRESIDENT--VETO OF H.R. 1833
para.39.22 CONGRESSIONAL ACCOUNTABILITY WITH RESPECT TO HOUSE
EMPLOYEES--H. RES. 400
para.39.23 EDUCATIONAL ASSISTANCE THROUGH OFFICE OF COMPLIANCE FOR
HOUSE EMPLOYEES--H. RES. 401
TUESDAY, APRIL 16 (LEGISLATIVE DAY OF APRIL 15), 1996
para.39.24 FINAL EMPLOYMENT REGULATIONS FOR HOUSE AND SENATE
EMPLOYEES--S. CON. RES. 51
para.39.25 LEAVE OF ABSENCE
para.39.26 ADJOURNMENT
para.39.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.39.28 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.39.29 PUBLIC BILLS AND RESOLUTIONS
para.39.30 MEMORIALS
para.39.31 ADDITIONAL SPONSORS
para.39.32 PETITIONS
para.39.33 DELETIONS
TUESDAY, APRIL 16, 1996 (40)
para.40.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.40.2 RECESS--10:10 A.M.
para.40.3 AFTER RECESS--11:00 A.M.
para.40.4 APPROVAL OF THE JOURNAL
para.40.5 [ROLL NO. 118]--ON APPROVAL OF THE JOURNAL
para.40.6 COMMUNICATIONS
para.40.7 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
para.40.8 MEMBER-ELECT SWORN IN--HONORABLE JUANITA MILLENDER-MCDONALD
para.40.9 SUBPOENA--MR. SCHIFF
para.40.10 TAXPAYER BILL OF RIGHTS--H.R. 2337
para.40.11 EXTEND U.S.-ISRAEL FREE TRADE TO WEST BANK AND GAZA--H.R.
3074
para.40.12 PRIVILEGES OF THE HOUSE--RETURN OF BILL TO SENATE--H. RES.
402
para.40.13 HYDROELECTRIC PROJECT IN KENTUCKY--H.R. 2501
para.40.14 HYDROELECTRIC PROJECT IN ILLINOIS--H.R. 2630
para.40.15 HYDROELECTRIC PROJECTS IN PENNSYLVANIA--H.R. 2695
[[Page 3192]]
para.40.16 HYDROELECTRIC PROJECTS IN NORTH CAROLINA--H.R. 2773
para.40.17 HYDROELECTRIC PROJECT IN OHIO--H.R. 2816
para.40.18 HYDROELECTRIC PROJECT IN KENTUCKY--H.R. 2869
para.40.19 HOLOCAUST MEMORIAL MUSEUM--H. RES. 316
para.40.20 INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE--H.R.
3034
para.40.21 NAVAL VESSELS TRANSFER--H.R. 3121
para.40.22 H.R. 2337--UNFINISHED BUSINESS
para.40.23 [ROLL NO. 119]--ON PASSAGE OF 2337
para.40.24 H. RES. 316--UNFINISHED BUSINESS
para.40.25 [ROLL NO. 120]--ON AGREEING TO H. RES. 316
para.40.26 BILLS AND JOINT RESOLUTIONS PRESENTED TO THE PRESIDENT
para.40.27 ADJOURNMENT
para.40.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.40.29 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.40.30 PUBLIC BILLS AND RESOLUTIONS
para.40.31 ADDITIONAL SPONSORS
para.40.32 DELETIONS
WEDNESDAY, APRIL 17, 1996 (41)
para.41.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.41.2 APPROVAL OF THE JOURNAL
para.41.3 COMMUNICATIONS
para.41.4 MESSAGE FROM THE SENATE
para.41.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.41.6 PROVIDING FOR THE CONSIDERATION OF H.R. 994--H. RES. 368 LAID
ON THE TABLE
para.41.7 PROVIDING FOR THE CONSIDERATION OF H.R. 842--H. RES. 396
para.41.8 TRANSPORTATION TRUST FUNDS OFF-BUDGET--H.R. 842
para.41.9 MESSAGES FROM THE PRESIDENT
para.41.10 RECORDED VOTE--AMENDMENT BY MR. MINGE
para.41.11 [ROLL NO. 121]--ON THE AMENDMENT
para.41.12 [ROLL NO. 122]--ON PASSAGE OF H.R. 842
para.41.13 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
735--H. RES. 405
para.41.14 MESSAGE FROM THE PRESIDENT--ALASKA RESOURCES
para.41.15 MESSAGE FROM THE PRESIDENT--NATIONAL ENDOWMENT FOR THE
HUMANITIES
para.41.16 LEAVE OF ABSENCE
para.41.17 ADJOURNMENT
para.41.18 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.41.19 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.41.20 PUBLIC BILLS AND RESOLUTIONS
para.41.21 ADDITIONAL SPONSORS
THURSDAY, APRIL 18, 1996 (42)
para.42.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.42.2 APPROVAL OF THE JOURNAL
para.42.3 COMMUNICATIONS
para.42.4 MESSAGE FROM THE SENATE
para.42.5 TRIBUTE TO VICTIMS OF BOSNIA MISSION--H. RES. 406
para.42.6 [ROLL NO. 123]--ON AGREEING TO H. RES 406
para.42.7 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY S. 735--H. RES. 405
para.42.8 [ROLL NO. 124]--ON ORDERING THE PREVIOUS QUESTION
para.42.9 [ROLL NO. 125]--ON AGREEING TO H. RES. 405
para.42.10 ANTI-TERRORRISM--CONFERENCE REPORT ON S. 735
para.42.11 [ROLL NO. 126]--ON AGREEING TO THE CONFERENCE REPORT
para.42.12 ADJOURNMENT OVER
para.42.13 HOUR OF MEETING
para.42.14 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.42.15 SUBPOENA--MR. SKAGGS
para.42.16 SUBPOENA--MR. LIVINGSTON
[[Page 3193]]
para.42.17 ENROLLED BILLS SIGNED
para.42.18 ADJOURNMENT
para.42.19 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.42.20 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.42.21 PUBLIC BILLS AND RESOLUTIONS
para.42.22 DELETIONS
FRIDAY, APRIL 19, 1996 (43)
para.43.1 APPROVAL OF THE JOURNAL
para.43.2 COMMUNICATIONS
para.43.3 ADJOURNMENT
para.43.4 MEMORIALS
para.43.5 ADDITIONAL SPONSORS
MONDAY, APRIL 22, 1996 (44)
para.44.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.44.2 APPROVAL OF THE JOURNAL
para.44.3 COMMUNICATIONS
para.44.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.44.5 ENROLLED BILL SIGNED
para.44.6 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3019
para.44.7 COMMITTEES RESIGNATION--MINORITY
para.44.8 COMMITTEE RESIGNATION--MINORITY
para.44.9 COMMITTEES ELECTION--MINORITY--H. RES. 408
para.44.10 BILLS PRESENTED TO THE PRESIDENT
para.44.11 ADJOURNMENT
para.44.12 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.44.13 PUBLIC BILLS AND RESOLUTIONS
para.44.14 PRIVATE BILLS AND RESOLUTIONS
para.44.15 ADDITIONAL SPONSORS
TUESDAY, APRIL 23, 1996 (45)
para.45.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.45.2 RECESS-1:25 P.M.
para.45.3 AFTER RECESS-2:00 P.M.
para.45.4 APPROVAL OF THE JOURNAL
para.45.5 COMMUNICATIONS
para.45.6 ORDER OF BUSINESS--CONSIDERATION OF THE VETO MESSAGE ON H.R.
1561
para.45.7 CORRECTIONS CALENDAR
para.45.8 AMERICAN INDIAN AND ALASKA NATIVE CULTURE--H.R. 3049
para.45.9 HISTORICALLY BLACK SCHOOLS GRANT PROGRAM--H.R. 3055
para.45.10 CONFEREE RESIGNATION--H.R. 3019
para.45.11 CHANGE OF CONFEREE--H.R. 3019
para.45.12 MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT--H.R.
2024
para.45.13 ORDER OF BUSINESS--DEBATE TIME--H.R. 1965
para.45.14 COASTAL ZONE--H.R. 1965
para.45.15 COOPERATIVE FISHERIES MANAGEMENT--H.R. 2160
para.45.16 WAIHEE MARSH INCLUSION--H.R. 1772
para.45.17 AMAGANSETT WILDLIFE REFUGE--H.R. 1836
para.45.18 TENSAS RIVER REFUGE FUNDING--H.R. 2660
para.45.19 NORTH PLATTE REFUGE BOUNDARIES--H.R. 2679
para.45.20 PRAYER RALLY--H. CON. RES. 166
para.45.21 H.R. 1965--UNFINISHED BUSINESS
para.45.22 [ROLL NO. 127]--ON PASSAGE OF H.R. 1965
para.45.23 H.R. 2160--UNFINISHED BUSINESS
para.45.24 [ROLL NO. 128]--ON PASSAGE OF 2160
para.45.25 MESSAGE FROM THE PRESIDENT
para.45.26 H.R. 1772--UNFINISHED BUSINESS
[[Page 3194]]
para.45.27 PROVIDING FOR THE CONSIDERATION OF H.R. 2715--H. RES. 409
para.45.28 PROVIDING FOR THE CONSIDERATION OF H.R. 1675--H. RES. 410
para.45.29 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO DRUG TRAFFICKING IN COLOMBIA
para.45.30 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 175--H. RES.
411
para.45.31 LEAVE OF ABSENCE
para.45.32 ADJOURNMENT
para.45.33 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.45.34 PUBLIC BILLS AND RESOLUTIONS
para.45.35 ADDITIONAL SPONSORS
WEDNESDAY, APRIL 24, 1996 (46)
para.46.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.46.2 APPROVAL OF THE JOURNAL
para.46.3 COMMUNICATIONS
para.46.4 COMMITTEES TO SIT
para.46.5 MESSAGE FROM THE SENATE
para.46.6 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 175--H. RES. 411
para.46.7 CORRECT ENROLLMENT--S. 735--S. CON. RES. 55
para.46.8 FURTHER CONTINUING APPROPRIATIONS, FY 1996--H.J. RES. 129
para.46.9 [ROLL NO. 129]--ON PASSAGE OF H.J. RES. 129
para.46.10 CLERK TO CORRECT ENGROSSMENT--H.J. RES. 129
para.46.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2715--H. RES. 409
para.46.12 PAPERWORK ELIMINATION--H.R. 2715
para.46.13 [ROLL NO. 130]--ON PASSAGE OF H.R. 2715
para.46.14 PROVIDING FOR THE CONSIDERATION OF H.R. 1675--H. RES. 410
para.46.15 RECESS--1:47 P.M.
para.46.16 AFTER RECESS--2:30 P.M.
para.46.17 NATIONAL WILDLIFE REFUGE IMPROVEMENT--H.R. 1675
para.46.18 [ROLL NO. 131]--ON PASSAGE OF H.R. 1675
para.46.19 CLERK TO CORRECT ENGROSSMENT--H.R. 1675
para.46.20 WAIVING CLAUSE 4(B) OF RULE XI WITH RESPECT TO CERTAIN
RESOLUTIONS--H. RES. 412
para.46.21 FURTHER MESSAGE FROM THE SENATE
para.46.22 SENATE ENROLLED BILL SIGNED
para.46.23 ENROLLED JOINT RESOLUTION SIGNED
para.46.24 LEAVE OF ABSENCE
para.46.25 ADJOURNMENT
para.46.26 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.46.27 PUBLIC BILLS AND RESOLUTIONS
para.46.28 ADDITIONAL SPONSORS
para.46.29 DELETIONS
THURSDAY, APRIL 25, 1996 (47)
para.47.1 APPROVAL OF THE JOURNAL
para.47.2 [ROLL NO. 132]--ON APPROVAL OF THE JOURNAL
para.47.3 COMMUNICATIONS
para.47.4 MESSAGE FROM THE SENATE
para.47.5 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
para.47.6 ORDER OF BUSINESS--SWEARING IN OF MEMBER-ELECT--HONORABLE
ELIJAH E. CUMMINGS
para.47.7 COMMITTEE RESIGNATION--MINORITY
para.47.8 COMMITTEE ELECTION--MINORITY--H. RES. 414
para.47.9 WAIVING CLAUSE 4(B) OF RULE XI WITH RESPECT TO CERTAIN
RESOLUTIONS--H. RES. 412
para.47.10 [ROLL NO. 133]--ON ORDERING THE PREVIOUS QUESTION
para.47.11 [ROLL NO. 134]--ON AGREEING TO H. RES. 412
para.47.12 SUBMISSION OF CONFERENCE REPORT--H.R. 3019
para.47.13 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3019--H. RES. 415
para.47.14 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3019--H. RES. 415
para.47.15 OMNIBUS APPROPRIATIONS, FY 1996--H.R. 3019
para.47.16 [ROLL NO. 135]--ON AGREEING TO THE CONFERENCE REPORT
[[Page 3195]]
para.47.17 ADJOURNMENT OVER
para.47.18 HOUR OF MEETING
para.47.19 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.47.20 UNITED STATES HOUSING ACT--H.R. 2406
para.47.21 RECESS--5:15 P.M.
para.47.22 AFTER RECESS--8:45 P.M.
para.47.23 FURTHER MESSAGE FROM THE SENATE
para.47.24 ENROLLED BILLS SIGNED
para.47.25 JOINT RESOLUTION PRESENTED TO THE PRESIDENT
para.47.26 LEAVE OF ABSENCE
para.47.27 ADJOURNMENT
para.47.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.47.29 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.47.30 PUBLIC BILLS AND RESOLUTIONS
para.47.31 ADDITIONAL SPONSORS
para.47.32 DELETIONS
MONDAY, APRIL 29, 1996 (48)
para.48.2 APPROVAL OF THE JOURNAL
para.48.3 COMMUNICATIONS
para.48.4 MESSAGE FROM THE PRESIDENT
para.48.5 MESSAGE FROM THE SENATE
para.48.6 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.48.7 TONGASS NATIONAL FOREST SUSPENSION
para.48.8 MESSAGE FROM THE PRESIDENT--DRUG CONTROL STRATEGY
para.48.9 ADJOURNMENT
para.48.10 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.48.11 PUBLIC BILLS AND RESOLUTIONS
para.48.12 ADDITIONAL SPONSORS
TUESDAY, APRIL 30, 1996 (49)
para.49.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.49.2 RECESS--1:24 P.M.
para.49.3 AFTER RECESS--2:00 P.M.
para.49.4 APPROVAL OF THE JOURNAL
para.49.5 COMMUNICATIONS
para.49.6 MESSAGE FROM THE SENATE
para.49.7 PUBLIC LAW CORRECTION--S.J. RES. 53
para.49.8 CENTRAL UTAH PROJECT COMPLETION--H.R. 1823
para.49.9 NATIONAL FOREST SKI AREA--H.R. 1527
para.49.10 HELIUM PRIVATIZATION--H.R. 3008
para.49.11 RECESS--3:36 P.M.
para.49.12 AFTER RECESS--5:04 P.M.
para.49.13 UNFINISHED BUSINESS--VETO OF H.R. 1561
para.49.14 [ROLL NO. 136]--VETO SUSTAINED--H.R. 1561
para.49.15 ORDER OF BUSINESS--SUSPENSION VOTE ORDER
para.49.16 H.R. 3008--UNFINISHED BUSINESS
para.49.17 [ROLL NO. 137]--ON PASSAGE OF H.R. 3008
para.49.18 H.R. 1823--UNFINISHED BUSINESS
para.49.19 [ROLL NO. 138]--ON PASSAGE OF H.R. 1823
para.49.20 PERMISSION TO FILE CONFERENCE REPORT--S. 641
para.49.21 PROVIDING FOR THE CONSIDERATION OF H.R. 2641--H. RES. 418
para.49.22 PROVIDING FOR THE CONSIDERATION OF H.R. 2149--H. RES. 419
para.49.23 BILLS PRESENTED TO THE PRESIDENT
para.49.24 LEAVE OF ABSENCE
para.49.25 ADJOURNMENT
para.49.26 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.49.27 PUBLIC BILLS AND RESOLUTIONS
[[Page 3196]]
para.49.28 PRIVATE BILLS AND RESOLUTIONS
para.49.29 ADDITIONAL SPONSORS
para.49.30 PETITIONS
para.49.31 DELETIONS
WEDNESDAY, MAY 1, 1996 (50)
para.50.1 APPROVAL OF THE JOURNAL
para.50.2 COMMUNICATIONS
para.50.3 MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP--APPOINTMENTS
para.50.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.50.5 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.50.6 [ROLL NO. 139]--ON APPROVAL OF THE JOURNAL
para.50.7 PROVIDING FOR THE CONSIDERATION OF H.R. 2651--H. RES. 418
para.50.8 [ROLL NO. 140]--ON ORDERING THE PREVIOUS QUESTION
para.50.9 UNITED STATES MARSHALS--H.R. 2641
para.50.10 [ROLL NO. 141]--ON PASSAGE OF H.R. 2641
para.50.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2149--H. RES. 419
para.50.12 [ROLL NO. 142]--ON AGREEING TO H. RES. 419
para.50.13 OCEAN SHIPPING REFORM--H.R. 2149
para.50.14 RECORDED VOTE--AMENDMENT BY MR. OBERSTAR
para.50.15 [ROLL NO. 143]--ON THE AMENDMENT
para.50.16 [ROLL NO. 144]--ON PASSAGE OF H.R. 2149
para.50.17 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT TO
ACCOMPANY S. 641
para.50.18 RYAN WHITE CARE REAUTHORIZATION--CONFERENCE REPORT ON S. 641
para.50.19 [ROLL NO. 145]--ON AGREEING TO THE CONFERENCE REPORT
para.50.20 ADJOURNMENT OVER
para.50.21 HOUR OF MEETING
para.50.22 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.50.23 COMMITTEE RESIGNATION--MINORITY
para.50.24 ENROLLED BILL SIGNED
para.50.25 SENATE ENROLLED JOINT RESOLUTIONS SIGNED
para.50.26 LEAVE OF ABSENCE
para.50.27 ADJOURNMENT
para.50.28 OATH OF OFFICE/RESIDENT COMMISSIONERS AND DELEGATES
para.50.29 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.50.30 PUBLIC BILLS AND RESOLUTIONS
para.50.31 MEMORIALS
para.50.32 PRIVATE BILLS AND RESOLUTIONS
para.50.33 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
para.50.34 ADDITIONAL SPONSORS
para.50.35 DELETIONS
THURSDAY, MAY 2, 1996 (51)
para.51.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.51.2 APPROVAL OF THE JOURNAL
para.51.3 COMMUNICATIONS
para.51.4 MESSAGE FROM THE SENATE
para.51.5 SELECT SUBCOMMITTEE TO INVESTIGATE THE U.S. ROLE IN IRANIAN
ARMS TRANSFERS--H. RES. 416
para.51.6 PROVIDING FOR THE CONSIDERATION OF H.R. 2974--H. RES. 421
para.51.7 PROVIDING FOR THE CONSIDERATION OF H.R. 3120--H. RES. 422
para.51.8 SENATE BILL AND JOINT RESOLUTION REFERRED
para.51.9 BILL PRESENTED TO THE PRESIDENT
para.51.10 ADJOURNMENT
para.51.11 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.51.12 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.51.13 PUBLIC BILLS AND RESOLUTIONS
para.51.14 ADDITIONAL SPONSORS
para.51.15 PETITIONS
[[Page 3197]]
MONDAY, MAY 6, 1996 (52)
para.52.1 APPROVAL OF THE JOURNAL
para.52.2 COMMUNICATIONS
para.52.3 MESSAGE FROM THE SENATE
para.52.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.52.5 VETO OF H.R. 956
para.52.6 PERMISSION TO FILE REPORT--H. RES. 417
para.52.7 SENATE BILL REFERRED
para.52.8 ENROLLED BILLS SIGNED
para.52.9 ADJOURNMENT
para.52.10 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.52.11 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.52.12 COMMITTEE DISCHARGED
para.52.13 PUBLIC BILLS AND RESOLUTIONS
para.52.14 ADDITIONAL SPONSORS
TUESDAY, MAY 7, 1996 (53)
para.53.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.53.2 RECESS--1:21 P.M.
para.53.3 AFTER RECESS--2:00 P.M.
para.53.4 APPROVAL OF THE JOURNAL
para.53.5 COMMUNICATIONS
para.53.6 MESSAGE FROM THE SENATE
para.53.7 BRITISH-AMERICAN INTERPARLIAMENTARY GROUP--APPOINTMENTS
para.53.8 ADVISORY BOARD ON WELFARE INDICATORS--APPOINTMENTS
para.53.9 COMMITTEES AND SUBCOMMITTEES TO SIT
para.53.10 USE OF THE CAPITOL GROUNDS--H. CON. RES. 150
para.53.11 IMPACT AID AMENDMENTS--H.R. 3269
para.53.12 PROTECTION FROM SEXUALLY VIOLENT OFFENDERS--H.R. 2137
para.53.13 INTERSTATE STALKING PUNISHMENT AND PREVENTION--H.R. 2980
para.53.14 PROVIDING FOR THE CONSIDERATION OF H.R. 2974--H. RES. 421
para.53.15 PROVIDING FOR THE CONSIDERATION OF H.R. 3120--H. RES. 422
para.53.16 CRIMES AGAINST CHILDREN AND ELDERLY PERSONS--H.R. 2974
para.53.17 RECORDED VOTE--AMENDMENT BY MS. SLAUGHTER
para.53.18 [ROLL NO. 146]--ON THE AMENDMENT
para.53.19 RECORDED VOTE--AMENDMENT BY MR. WATT OF NORTH CAROLINA
para.53.20 [ROLL NO. 147]--ON THE AMENDMENT
para.53.21 [ROLL NO. 148]--ON PASSAGE OF H.R. 2874
para.53.22 CLERK TO CORRECT ENGROSSMENT--H.R. 2874
para.53.23 ORDER OF BUSINESS--VOTES DURING CONSIDERATION OF H.R. 3120
para.53.24 PROVIDING FOR THE CONSIDERATION OF H.R. 2406--H. RES. 426
para.53.25 PROVIDING FOR THE CONSIDERATION OF H.R. 3322--H. RES. 427
para.53.26 PROVIDING FOR THE CONSIDERATION OF H.R. 3286--H. RES. 428
para.53.27 PRIVATE CALENDAR BUSINESS DISPENSED WITH
para.53.28 H.R. 2137--UNFINISHED BUSINESS
para.53.29 [ROLL NO. 149]--ON PASSAGE OF H.R. 2137
para.53.30 WITNESS AND JURY TAMPERING--H.R. 3120
para.53.31 BILLS PRESENTED TO THE PRESIDENT
para.53.32 LEAVE OF ABSENCE
para.53.33 ADJOURNMENT
para.53.34 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.53.35 PUBLIC BILLS AND RESOLUTIONS
para.53.36 ADDITIONAL SPONSORS
WEDNESDAY, MAY 8, 1996 (54)
para.54.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.54.2 APPROVAL OF THE JOURNAL
para.54.3 COMMUNICATIONS
para.54.4 MESSAGE FROM THE SENATE
[[Page 3198]]
para.54.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.54.6 ESTABLISH BOSNIA ARMS INVESTIGATIVE SELECT SUBCOMMITTEE--H.
RES. 416
para.54.7 [ROLL NO. 150]--ON ORDERING THE PREVIOUS QUESTION
para.54.8 [ROLL NO. 151]--ON AGREEING TO H. RES. 416
para.54.9 FUND SELECT SUBCOMMITTEE TO INVESTIGATE BOSNIA ARMS--H. RES.
417
para.54.10 [ROLL NO. 152]--ON AGREEING TO H. RES. 417
para.54.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2406--H. RES. 426
para.54.12 [ROLL NO. 153]--ON ORDERING THE PREVIOUS QUESTION
para.54.13 HOUSING FOR LOW-INCOME FAMILIES--H.R. 2406
para.54.14 RECORDED VOTE--AMENDMENT BY MR. FIELDS OF LOUISIANA
para.54.15 [ROLL NO. 154]--ON THE AMENDMENT
para.54.16 CANADA-UNITED STATES INTERPARLIAMENTARY GROUP--APPOINTMENTS
para.54.17 SENATE BILL REFERRED
para.54.18 SENATE ENROLLED BILL SIGNED
para.54.19 LEAVE OF ABSENCE
para.54.20 ADJOURNMENT
para.54.21 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.54.22 PUBLIC BILLS AND RESOLUTIONS
para.54.23 ADDITIONAL SPONSORS
THURSDAY, MAY 9, 1996 (55)
para.55.1 APPROVAL OF THE JOURNAL
para.55.2 COMMUNICATIONS
para.55.3 COMMITTEES AND SUBCOMMITTEES TO SIT
para.55.4 [ROLL NO. 155]--ON THE MOTION
para.55.5 HOUSING FOR LOW-INCOME FAMILIES--H.R. 2406
para.55.6 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. FRANK
para.55.7 [ROLL NO. 156]--ON THE AMENDMENT, AS MODIFIED
para.55.8 RECORDED VOTE--AMENDMENTS EN BLOC BY MS. VELAZQUEZ
para.55.9 [ROLL NO. 157]--ON THE AMENDMENT
para.55.10 RECORDED VOTE--AMENDMENT BY MR. DURBIN
para.55.11 [ROLL NO. 158]--ON THE AMENDMENT
para.55.12 [ROLL NO. 159]--SEPARATE VOTE ON THE AMENDMENT BY MS.
MALONEY
para.55.13 [ROLL NO. 160]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.55.14 [ROLL NO. 161]--ON PASSAGE OF H.R. 2406
para.55.15 CLERK TO CORRECT ENGROSSMENT--S. 1260 AMENDMENTS
para.55.16 PRESIDIO PROPERTIES--H.R. 1296
para.55.17 ORDER OF BUSINESS--CONSIDERATION OF H.R. 3286
para.55.18 UNFINISHED BUSINESS--VETO OF H.R. 956
para.55.19 [ROLL NO. 162]--VETO SUSTAINED--H.R. 956
para.55.20 MESSAGE FROM THE SENATE
para.55.21 PROVIDING FOR THE CONSIDERATION OF H.R. 3022--H. RES. 427
para.55.22 PROVIDING FOR THE CONSIDERATION OF H.R. 3286--H. RES. 428
para.55.23 PROVIDING FOR THE CONSIDERATION OF H.R. 3232--H. RES. 430
para.55.24 ADOPTION PROMOTION AND STABILITY--H.R. 3286
para.55.25 LEAVE OF ABSENCE
para.55.26 ADJOURNMENT
para.55.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.55.28 PUBLIC BILLS AND RESOLUTIONS
para.55.29 ADDITIONAL SPONSORS
para.55.30 DELETIONS
FRIDAY, MAY 10, 1996 (56)
para.56.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.56.2 APPROVAL OF THE JOURNAL
para.56.3 COMMUNICATIONS
para.56.4 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.56.5 [ROLL NO. 163]--ON APPROVAL OF THE JOURNAL
[[Page 3199]]
para.56.6 ADOPTION PROMOTION AND STABILITY--H.R. 3286
para.56.7 [ROLL NO. 164]--ON THE AMENDMENT BY MR. YOUNG OF ALASKA
para.56.8 [ROLL NO. 165]--ON THE MOTION TO RECONSIDER THE VOTE
para.56.9 PROVIDING FOR THE CONSIDERATION OF H.R. 3230--H. RES. 430
para.56.10 [ROLL NO. 166]--ON AGREEING TO H. RES. 430
para.56.11 ADJOURNMENT OVER
para.56.12 HOUR OF MEETING
para.56.13 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.56.14 ENROLLED BILL SIGNED
para.56.15 LEAVE OF ABSENCE
para.56.16 ADJOURNMENT
para.56.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.56.18 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.56.19 PUBLIC BILLS AND RESOLUTIONS
para.56.20 ADDITIONAL SPONSORS
para.56.21 DELETIONS
TUESDAY, MAY 14, 1996 (57)
para.57.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.57.2 RECESS--1:14 P.M.
para.57.3 AFTER RECESS--2:00 P.M.
para.57.4 APPROVAL OF THE JOURNAL
para.57.5 COMMUNICATIONS
para.57.6 SUBPOENA--MR. LIVINGSTON
para.57.7 SCHOOL LUNCH AND BREAKFAST PROGRAMS--H.R. 2066
para.57.8 CHANGE OF REFERENCE--H.R. 3387
para.57.9 SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL--H.R. 1129
para.57.10 GOSHUTE INDIAN RESERVATION--H.R. 2464
para.57.11 CARBON HILL NATIONAL FISH HATCHERY--H.R. 2982
para.57.12 AMAGANSETT NATIONAL WILDLIFE REFUGE--SENATE AMENDMENT--H.R.
1836
para.57.13 WATER RESOURCES RESEARCH AUTHORIZATION EXTENSION--SENATE
AMENDMENT--H.R. 1743
para.57.14 URANIUM MILL TAILINGS--H.R. 2967
para.57.15 OVERSEAS CITIZENS VOTING RIGHTS--H.R. 3058
para.57.16 MESSAGES FROM THE PRESIDENT
para.57.17 POINT OF PERSONAL PRIVILEGE
para.57.18 MESSAGE FROM THE PRESIDENT--PROLIFERATION OF NUCLEAR,
BIOLOGICAL AND CHEMICAL WEAPONS
para.57.19 MESSAGE FROM THE PRESIDENT--IMPOUNDMENT CONTROL
para.57.20 DEFENSE DEPARTMENT AUTHORIZATION--H.R. 3230
para.57.21 RECORDED VOTE--AMENDMENT BY MS. DELAURO
para.57.22 [ROLL NO. 167]--ON THE AMENDMENT
para.57.23 RECORDED VOTE--AMENDMENT BY MR. SHAYS
para.57.24 [ROLL NO. 168]--ON THE AMENDMENT
para.57.25 ORDER OF BUSINESS--PERMISSION TO FILE REPORT AND
CONSIDERATION OF CONCURRENT RESOLUTION ON THE BUDGET--H. CON. RES. 178
para.57.26 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--H. RES. 303
para.57.27 SENATE BILL REFERRED
para.57.28 BILL PRESENTED TO THE PRESIDENT
para.57.29 LEAVE OF ABSENCE
para.57.30 ADJOURNMENT
para.57.31 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.57.32 PUBLIC BILLS AND RESOLUTIONS
para.57.33 ADDITIONAL SPONSORS
WEDNESDAY, MAY 15, 1996 (58)
para.58.1 APPROVAL OF THE JOURNAL
para.58.2 COMMUNICATIONS
para.58.3 RECESS--9:08 A.M.
para.58.4 AFTER RECESS--10:10 A.M.
[[Page 3200]]
para.58.5 PROVIDING FOR THE CONSIDERATION OF H.R. 1745--H. RES. 303
para.58.6 [ROLL NO. 169]--ON ORDERING THE PREVIOUS QUESTION
para.58.7 COMMITTEES AND SUBCOMMITTEES TO SIT
para.58.8 PROCEEDINGS DURING RECESS
para.58.9 DEFENSE DEPARTMENT AUTHORIZATION--H.R. 3230
para.58.10 RECORDED VOTE--AMENDMENT BY MR. SOLOMON
para.58.11 [ROLL NO. 170]--ON THE AMENDMENT
para.58.12 RECORDED VOTE--AMENDMENT BY MR. GILMAN
para.58.13 [ROLL NO. 171]--ON THE AMENDMENT
para.58.14 RECORDED VOTE--AMENDMENT BY MR. KLUG
para.58.15 [ROLL NO. 172]--ON THE AMENDMENT
para.58.16 [ROLL NO. 173]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.58.17 [ROLL NO. 174]--ON PASSAGE OF H.R. 3230
para.58.18 CLERK TO CORRECT ENGROSSMENT--H.R. 3230
para.58.19 MESSAGE FROM THE PRESIDENT
para.58.20 PROVIDING FOR THE FURTHER CONSIDERATION OF H. CON. RES.
178--H. RES. 435
para.58.21 MESSAGE FROM THE PRESIDENT--SCIENCE AND ENGINEERING
INDICATORS
para.58.22 CONGRESSIONAL BUDGET RESOLUTION--H. CON. RES. 178
para.58.23 SUBPOENA--CHIEF ADMINISTRATIVE OFFICER
para.58.24 HOUR OF MEETING
para.58.25 ENROLLED BILLS SIGNED
para.58.26 LEAVE OF ABSENCE
para.58.27 ADJOURNMENT
para.58.28 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.58.29 REPORTED BILL SEQUENTIALLY REFERRED
para.58.30 COMMITTEE DISCHARGED
para.58.31 PUBLIC BILLS AND RESOLUTIONS
para.58.32 ADDITIONAL SPONSORS
THURSDAY, MAY 16, 1996 (59)
para.59.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.59.2 APPROVAL OF THE JOURNAL
para.59.3 COMMUNICATIONS
para.59.4 MESSAGE FROM THE SENATE
para.59.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.59.6 PROVIDING FOR THE FURTHER CONSIDERATION OF H. CON. RES. 178--
H. RES. 435
para.59.7 [ROLL NO. 175]--ON ORDERING THE PREVIOUS QUESTION
para.59.8 CONGRESSIONAL BUDGET RESOLUTION--H. CON. RES. 178
para.59.9 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY MR.
PAYNE OF NEW JERSEY
para.59.10 [ROLL NO. 176]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.59.11 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY
MR. ORTON
para.59.12 [ROLL NO. 177]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.59.13 MESSAGE FROM THE PRESIDENT
para.59.14 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY
MR. SABO
para.59.15 [ROLL NO. 178]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.59.16 [ROLL NO. 179]--ON AGREEING TO H. CON. RES. 178
para.59.17 ADJOURNMENT OVER
para.59.18 HOUR OF MEETING
para.59.19 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.59.20 PROVIDING FOR THE CONSIDERATION OF H.R. 3415--H. RES. 436
para.59.21 PROVIDING FOR THE CONSIDERATION OF H.R. 3259--H. RES. 437
para.59.22 PROVIDING FOR THE CONSIDERATION OF H.R. 3144--H. RES. 438
para.59.23 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO IRAN
para.59.24 BILLS PRESENTED TO THE PRESIDENT
para.59.25 LEAVE OF ABSENCE
para.59.26 ADJOURNMENT
para.59.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.59.28 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
[[Page 3201]]
para.59.29 COMMITTEE DISCHARGED
para.59.30 PUBLIC BILLS AND RESOLUTIONS
para.59.31 ADDITIONAL SPONSORS
para.59.32 DELETIONS
MONDAY, MAY 20, 1996 (60)
para.60.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.60.2 APPROVAL OF THE JOURNAL
para.60.3 COMMUNICATIONS
para.60.4 MESSAGE FROM THE SENATE
para.60.5 RETURN OF BILL TO THE SENATE--H.R. 2202
para.60.6 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.60.7 U.S.-AUSTRIA SOCIAL SECURITY AGREEMENT
para.60.8 SUBPOENA--MR. HUNTER
para.60.9 SENATE BILLS REFERRED
para.60.10 LEAVE OF ABSENCE
para.60.11 ADJOURNMENT
para.60.12 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.60.13 PUBLIC BILLS AND RESOLUTIONS
para.60.14 ADDITIONAL SPONSORS
TUESDAY, MAY 21, 1996 (61)
para.61.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.61.2 MESSAGE FROM THE SENATE
para.61.3 ``MORNING HOUR'' DEBATES
para.61.4 RECESS--1:25 P.M.
para.61.5 AFTER RECESS--2:00 P.M.
para.61.6 APPROVAL OF THE JOURNAL
para.61.7 COMMUNICATIONS
para.61.8 PRIVATE CALENDAR
para.61.9 BILLS PASSED--H.R. 1009 AND H.R. 2765
para.61.10 VETERANS' BENEFITS--H.R. 1483
para.61.11 VETERANS' BENEFITS IMPROVEMENTS--H.R. 3373
para.61.12 TAIWAN DEMOCRATIC ELECTION--H. CON. RES. 154
para.61.13 SIERRA LEONE DEMOCRATIC ELECTIONS--H. CON. RES. 160
para.61.14 205TH ANNIVERSARY OF POLISH CONSTITUTION--H. CON. RES. 165
para.61.15 CHORNOBYL NUCLEAR DISASTER ANNIVERSARY--H. CON. RES. 167
para.61.16 PROVIDING FOR THE CONSIDERATION OF H.R. 3415--H. RES. 436
para.61.17 [ROLL NO. 180]--ON ORDERING THE PREVIOUS QUESTION
para.61.18 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.61.19 MOTOR FUELS EXCISE TAX REPEAL--H.R. 3415
para.61.20 [ROLL NO. 181]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.61.21 ORDER OF BUSINESS--VOTE ON SUSPENSION
para.61.22 [ROLL NO. 182]--ON PASSAGE OF H.R. 3415
para.61.23 H. CON. RES. 167--UNFINISHED BUSINESS
para.61.24 [ROLL NO. 183]--ON AGREEING TO H. CON. RES. 167
para.61.25 PROVIDING FOR THE CONSIDERATION OF H.R. 3259--H. RES. 437
para.61.26 PROVIDING FOR THE CONSIDERATION OF H.R. 3448 AND H.R. 1227--
H. RES. 440
para.61.27 LEAVE OF ABSENCE
para.61.28 ADJOURNMENT
para.61.29 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.61.30 PUBLIC BILLS AND RESOLUTIONS
para.61.31 PRIVATE BILLS AND RESOLUTIONS
para.61.32 ADDITIONAL SPONSORS
WEDNESDAY, MAY 22, 1996 (62)
para.62.1 APPROVAL OF THE JOURNAL
para.62.2 COMMUNICATIONS
[[Page 3202]]
para.62.3 MESSAGE FROM THE SENATE
para.62.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.62.5 PRAIRIE ISLAND INDIAN COMMUNITY CHARTER REVOCATION--H.R. 3068
para.62.6 INTELLIGENCE AUTHORIZATION--H.R. 3259
para.62.7 RECORDED VOTE--AMENDMENT, AS AMENDED, BY MR. RICHARDSON
para.62.8 [ROLL NO. 184]--ON THE AMENDMENT, AS AMENDED
para.62.9 RECORDED VOTE--AMENDMENT BY MR. SANDERS
para.62.10 [ROLL NO. 185]--ON THE AMENDMENT
para.62.11 RECORDED VOTE--AMENDMENT BY MR. CONYERS
para.62.12 [ROLL NO. 186]--ON THE AMENDMENT
para.62.13 MESSAGES FROM THE PRESIDENT
para.62.14 RECORDED VOTE--AMENDMENT BY MR. FRANK OF MASSACHUSETTS
para.62.15 [ROLL NO. 187]--ON THE AMENDMENT
para.62.16 RECORDED VOTE--AMENDMENT BY MRS. SCHROEDER
para.62.17 [ROLL NO. 188]--ON THE AMENDMENT
para.62.18 CLERK TO CORRECT ENGROSSMENT--H.R. 3259
para.62.19 MESSAGE FROM THE PRESIDENT--COMMODITY CREDIT CORPORATION
para.62.20 MESSAGE FROM THE PRESIDENT--NATIONAL SCIENCE FOUNDATION
para.62.21 SUBPOENA--MR. MCINNIS
para.62.22 PROVIDING FOR THE CONSIDERATION OF H.R. 3448 AND H.R. 1227--
H. RES. 440
para.62.23 [ROLL NO. 189]--ON AGREEING TO H. RES. 440
para.62.24 PERMISSION TO FILE REPORT--H.R. 3517
para.62.25 SMALL BUSINESS JOB PROTECTION--H.R. 3448
para.62.26 [ROLL NO. 190]--ON PASSAGE OF H.R. 3448
para.62.27 ORDER OF BUSINESS--CONSIDERATION OF H.R. 1227
para.62.28 HOUR OF MEETING
para.62.29 PORTAL-TO-PORTAL--H.R. 1227
para.62.30 SUBPOENA--MR. MCDADE
para.62.31 NATIONAL COMMISSION ON RESTRUCTURING THE INTERNAL REVENUE
SERVICE--APPOINTMENTS
para.62.32 NATIONAL COMMISSION ON RESTRUCTURING THE INTERNAL REVENUE
SERVICE--APPOINTMENTS
para.62.33 ENROLLED BILLS SIGNED
para.62.34 LEAVE OF ABSENCE
para.62.35 ADJOURNMENT
para.62.36 PUBLIC BILLS AND RESOLUTIONS
para.62.37 PRIVATE BILLS AND RESOLUTIONS
para.62.38 ADDITIONAL SPONSORS
para.62.39 DELETIONS
THURSDAY, MAY 23, 1996 (63)
para.63.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.63.2 APPROVAL OF THE JOURNAL
para.63.3 COMMUNICATIONS
para.63.4 MESSAGE FROM THE PRESIDENT
para.63.5 H.R. 1227--UNFINISHED BUSINESS
para.63.6 POINT OF ORDER
para.63.7 [ROLL NO. 191]--ON THE QUESTION OF CONSIDERATION OF THE
AMENDMENT BY MR. RIGGS, PURSUANT TO HOUSE RESOLUTION 440
para.63.8 [ROLL NO. 192]--ON THE AMENDMENT
para.63.9 [ROLL NO. 193]--ON THE FIRST THREE SUBSECTIONS OF THE NEW
SECTION PROPOSED IN THE AMENDMENT BY MR. GOODLING
para.63.10 [ROLL NO. 194]--ON SUBSECTION (D) OF THE NEW SECTION
PROPOSED IN THE AMENDMENT BY MR. GOODLING
para.63.11 [ROLL NO. 195]--ON PASSAGE OF H.R. 1227
para.63.12 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.63.13 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
para.63.14 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.63.15 MESSAGE FROM THE SENATE
para.63.16 PUBLIC WORKS PROJECTS
para.63.17 PUBLIC WORKS PROJECTS
[[Page 3203]]
para.63.18 MESSAGE FROM THE PRESIDENT--RETIREMENT SAVINGS AND SECURITY
ACT
para.63.19 PROVIDING FOR THE ADJOURNMENT OF THE TWO HOUSES--H. CON.
RES. 60
para.63.20 LEAVE OF ABSENCE
para.63.21 ADJOURNMENT
para.63.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.63.23 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.63.24 PUBLIC BILLS AND RESOLUTIONS
para.63.25 MEMORIALS
para.63.26 ADDITIONAL SPONSORS
para.63.27 DELETIONS
WEDNESDAY, MAY 29, 1996 (64)
para.64.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.64.2 APPROVAL OF THE JOURNAL
para.64.3 COMMUNICATIONS
para.64.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.64.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.64.6 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS TO H.R. 3322
para.64.7 CIVILIAN SCIENCE AUTHORIZATION--H.R. 3322
para.64.8 RECORDED VOTE--AMENDMENT BY MS. LOFGREN
para.64.9 [ROLL NO. 196]--ON THE AMENDMENT
para.64.10 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY
MR. BROWN OF CALIFORNIA
para.64.11 [ROLL NO. 197]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.64.12 WHITE HOUSE TRAVEL OFFICE
para.64.13 CIVILIAN SCIENCE AUTHORIZATION--H.R. 3322
para.64.14 RECORDED VOTE--AMENDMENT BY MR. EHLERS
para.64.15 [ROLL NO. 198]--ON THE AMENDMENT
para.64.16 PROVIDING FOR THE CONSIDERATION OF H.R. 3517--H. RES. 442
para.64.17 FOREIGN AID APPROPRIATIONS--H.R. 3540
para.64.18 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.64.19 BILLS PRESENTED TO THE PRESIDENT
para.64.20 LEAVE OF ABSENCE
para.64.21 ADJOURNMENT
para.64.22 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.64.23 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.64.24 COMMITTEE DISCHARGED
para.64.25 PUBLIC BILLS AND RESOLUTIONS
para.64.26 MEMORIALS
para.64.27 PRIVATE BILLS AND RESOLUTIONS
para.64.28 ADDITIONAL SPONSORS
para.64.29 DELETIONS
THURSDAY, MAY 30, 1996 (65)
para.65.1 APPROVAL OF THE JOURNAL
para.65.2 [ROLL NO. 199]
para.65.3 COMMUNICATIONS
para.65.4 COMMUNICATION FROM THE CLERK--CERTIFICATE OF ELECTION
para.65.5 ORDER OF BUSINESS--SWEARING IN OF MEMBER-ELECT--HONORABLE
EARL BLUMENAUER
para.65.6 COMMITTEES AND SUBCOMMITTEES TO SIT
para.65.7 PROVIDING FOR THE CONSIDERATION OF H.R. 3517--H. RES. 442
para.65.8 MILITARY CONSTRUCTION APPROPRIATIONS--H.R. 3517
para.65.9 RECORDED VOTE--AMENDMENT BY MS. FURSE
para.65.10 [ROLL NO. 200]--ON THE AMENDMENT
para.65.11 [ROLL NO. 201]--ON PASSAGE OF H.R. 3517
para.65.12 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS TO H.R. 3322
para.65.13 CIVILIAN SCIENCE AUTHORIZATION--H.R. 3322
para.65.14 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MS. JACKSON-LEE FOR
THE AMENDMENT BY MR. WELDON OF FLORIDA
[[Page 3204]]
para.65.15 [ROLL NO. 202]--ON THE SUBSTITUTE AMENDMENT FOR THE
AMENDMENT
para.65.16 [ROLL NO. 203]--ON THE AMENDMENT BY MR. WELDON OF FLORIDA,
AS AMENDED BY THE AMENDMENT OF MR. SENSENBRENNER
para.65.17 RECORDED VOTE--AMENDMENT BY MR. SCOTT
para.65.18 [ROLL NO. 204]--ON THE AMENDMENT
para.65.19 RECORDED VOTE--AMENDMENT BY MR. ROEMER
para.65.20 [ROLL NO. 205]--ON THE AMENDMENT
para.65.21 RECORDED VOTE--AMENDMENT BY MR. ROEMER
para.65.22 [ROLL NO. 206]--ON THE AMENDMENT
para.65.23 RECORDED VOTE--AMENDMENT BY MS. LOFGREN
para.65.24 [ROLL NO. 207]--ON THE AMENDMENT
para.65.25 RECORDED VOTE--AMENDMENT BY MS. JACKSON-LEE
para.65.26 [ROLL NO. 208]--ON THE AMENDMENT
para.65.27 CLERK TO CORRECT ENGROSSMENT--H.R. 3322
para.65.28 CONGRESSIONAL BUDGET RESOLUTION--H. CON. RES. 178
para.65.29 MOTION TO INSTRUCT CONFEREES--H. CON. RES. 178
para.65.30 [ROLL NO. 209]--ON THE MOTION TO INSTRUCTION CONFEREES
para.65.31 APPOINTMENT OF CONFEREES--H. CON. RES. 178
para.65.32 PROVIDING FOR THE CONSIDERATION OF H.R. 3540--H. RES. 445
para.65.33 PERMISSION TO FILE REPORT--H.R. 2650
para.65.34 ADJOURNMENT OVER
para.65.35 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.65.36 LEAVE OF ABSENCE
para.65.37 ADJOURNMENT
para.65.38 OATH OF OFFICE/RESIDENT COMMISSIONERS AND DELEGATES
para.65.39 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.65.40 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.65.41 PUBLIC BILLS AND RESOLUTIONS
para.65.42 ADDITIONAL SPONSORS
FRIDAY, MAY 31, 1996 (66)
para.66.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.66.2 APPROVAL OF THE JOURNAL
para.66.3 ADJOURNMENT
para.66.4 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
TUESDAY, JUNE 4, 1996 (67)
para.67.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.67.2 RECESS--1:02 P.M.
para.67.3 AFTER RECESS--2:00 P.M.
para.67.4 APPROVAL OF THE JOURNAL
para.67.5 COMMUNICATIONS
para.67.6 VA MEDICAL FACILITIES CONSTRUCTION--H.R. 3376
para.67.7 MANDATORY FEDERAL PRISON DRUG TREATMENT--H.R. 2650
para.67.8 ANTICOUNTERFEITING CONSUMER PROTECTION--H.R. 2511
para.67.9 MESSAGE FROM THE PRESIDENT
para.67.10 COPYRIGHT CLARIFICATION--H.R. 1861
para.67.11 BOATING AND AVIATION OPERATION SAFETY--H.R. 234
para.67.12 ADMINISTRATIVE DISPUTE RESOLUTION--H.R. 2977
para.67.13 OFFICE OF GOVERNMENT ETHICS AUTHORIZATION--H.R. 3235
para.67.14 AGRICULTURE DISASTER RESERVE COMMODITIES DISPOSAL--H. CON.
RES. 181
para.67.15 MESSAGE FROM THE PRESIDENT--EXPORT ADMINISTRATION
para.67.16 ADJOURNMENT
para.67.17 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.67.18 PUBLIC BILLS AND RESOLUTIONS
para.67.19 ADDITIONAL SPONSORS
WEDESDAY, JUNE 5, 1996 (68)
para.68.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.68.2 APPROVAL OF THE JOURNAL
[[Page 3205]]
para.68.3 COMMUNICATIONS
para.68.4 MESSAGE FROM THE PRESIDENT
para.68.5 MESSAGE FROM THE SENATE
para.68.6 MESSAGE FROM THE PRESIDENT--SMALL BUSINESS
para.68.7 COMMITTEES AND SUBCOMMITTEES TO SIT
para.68.8 PROVIDING FOR THE CONSIDERATION OF H.R. 3540--H. RES. 445
para.68.9 FOREIGN OPERATIONS APPROPRIATIONS--H.R. 3540
para.68.10 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.68.11 [ROLL NO.210]--ON THE AMENDMENT
para.68.12 RECORDED VOTE--AMENDMENT BY MR. MANZULLO
para.68.13 [ROLL NO. 211]--ON THE AMENDMENT
para.68.14 RECORDED VOTE--AMENDMENT BY MR. BURTON
para.68.15 [ROLL NO. 212]--ON THE AMENDMENT
para.68.16 RECORDED VOTE--AMENDMENT BY MR. TRAFICANT
para.68.17 [ROLL NO. 213]--ON THE AMENDMENT
para.68.18 RECORDED VOTE--AMENDMENT BY MR. VISCLOSKY
para.68.19 [ROLL NO. 214]--ON THE AMENDMENT
para.68.20 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.68.21 [ROLL NO. 215]--ON THE AMENDMENT
para.68.22 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.68.23 [ROLL NO. 216]--ON THE AMENDMENT
para.68.24 RECORDED VOTE--AMENDMENT BY MR. RADANOVICH
para.68.25 [ROLL NO. 217]--ON THE AMENDMENT
para.68.26 RECORDED VOTE--AMENDMENT BY MR. BURTON
para.68.27 [ROLL NO. 218]--ON THE AMENDMENT
para.68.28 PROVIDING FOR THE CONSIDERATION OF H.R. 3562--H. RES. 446
para.68.29 COMMITTEE RESIGNATION--MINORITY
para.68.30 COMMITTEE ELECTION--MINORITY--H. RES. 447
para.68.31 SENATE BILL REFERRED
para.68.32 LEAVE OF ABSENCE
para.68.33 ADJOURNMENT
para.68.34 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.68.35 REPORTED BILL SEQUENTIALLY REFERRED
para.68.36 PUBLIC BILLS AND RESOLUTIONS
para.68.37 ADDITIONAL SPONSORS
THURSDAY, JUNE 6, 1996 (69)
para.69.1 APPROVAL OF THE JOURNAL
para.69.2 COMMUNICATIONS
para.69.3 MESSAGE FROM THE SENATE
para.69.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.69.5 PROVIDING FOR THE CONSIDERATION OF H.R. 3562--H. RES. 446
para.69.6 [ROLL NO. 219]--ON AGREEING TO H. RES. 446
para.69.7 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 3450
para.69.8 ``WISCONSIN WORKS''--H.R. 3562
para.69.9 [ROLL NO. 220]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.69.10 [ROLL NO. 221]--ON PASSAGE OF H.R. 3562
para.69.11 PROVIDING FOR THE CONSIDERATION OF H.R. 2754--H. RES. 448
para.69.12 HOUR OF MEETING
para.69.13 ADJOURNMENT OVER
para.69.14 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.69.15 WATER RIGHTS TASK FORCE--APPOINTMENTS
para.69.16 SENATE BILL AND CONCURRENT RESOLUTION REFERRED
para.69.17 LEAVE OF ABSENCE
para.69.18 ADJOURNMENT
para.69.19 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.69.20 PUBLIC BILLS AND RESOLUTIONS
para.69.21 ADDITIONAL SPONSORS
para.69.22 DELETIONS
[[Page 3206]]
FRIDAY, JUNE 7, 1996 (70)
para.70.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.70.2 APPROVAL OF THE JOURNAL
para.70.3 COMMUNICATIONS
para.70.4 SUBMISSION OF CONFERENCE REPORT--H. CON. RES. 178
para.70.5 AGRICULTURE APPROPRIATIONS--H.R. 3603
para.70.6 ADJOURNMENT
para.70.7 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.70.8 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.70.9 PUBLIC BILLS AND RESOLUTIONS
para.70.10 ADDITIONAL SPONSORS
MONDAY, JUNE 10, 1996 (71)
para.71.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.71.2 MESSAGE FROM THE SENATE
para.71.3 ``MORNING HOUR'' DEBATES
para.71.4 RECESS--12:33 P.M.
para.71.5 AFTER RECESS--2:00 P.M.
para.71.6 APPROVAL OF THE JOURNAL
para.71.7 COMMUNICATIONS
para.71.8 SUBPOENA--CHIEF ADMINISTRATIVE OFFICER
para.71.9 CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY PARK--H.R. 848
para.71.10 OLYMPIC TORCH RELAY THROUGH CAPITOL GROUNDS--H. CON. RES.
172
para.71.11 WASHINGTON SOAP BOX DERBY--H. CON. RES. 153
para.71.12 E. BARRETT PRETTYMAN U.S. COURTHOUSE--H.R. 3029
para.71.13 SAMMY L. DAVIS FEDERAL BUILDING--H.R. 3186
para.71.14 WILLIAM J. NEALON U.S. COURTHOUSE--H.R. 3364
para.71.15 ROMAN L. HRUSKA U.S. COURTHOUSE--H.R. 3400
para.71.16 INDIVIDUALS WITH DISABILITIES EDUCATION--H.R. 3268
para.17.17 ANTARCTIC ENVIRONMENTAL PROTECTION--H.R. 3060
para.71.17 RECESS--4:14 P.M.
para.71.18 AFTER RECESS--5:00 P.M.
para.71.19 H.R. 3364--UNFINISHED BUSINESS
para.71.20 [ROLL NO. 222]--ON PASSAGE OF H.R. 3364
para.71.21 H.R. 3400--UNFINISHED BUSINESS
para.71.22 [ROLL NO. 223]--ON PASSAGE OF H.R. 3400
para.71.23 H.R. 3060--UNFINISHED BUSINESS
para.71.24 [ROLL NO. 224]--ON PASSAGE OF 3060
para.71.25 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H. CON. RES. 178--H. RES. 450
para.71.26 PROVIDING FOR THE CONSIDERATION OF H.R. 3603--H. RES. 451
para.71.27 SENATE BILL REFERRED
para.71.28 LEAVE OF ABSENCE
para.71.29 ADJOURNMENT
para.71.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.71.31 PUBLIC BILLS AND RESOLUTIONS
para.71.32 MEMORIALS
para.71.33 ADDITIONAL SPONSORS
TUESDAY, JUNE 11, 1996 (72)
para.72.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.72.2 RECESS--9:45 A.M.
para.72.3 AFTER RECESS--10:00 A.M.
para.72.4 APPROVAL OF THE JOURNAL
para.72.5 COMMUNICATIONS
para.72.6 COMMITTEES AND SUBCOMMITTEES TO SIT
para.72.7 DOD APPROPRIATIONS--H.R. 3610
para.72.8 CORRECTIONS CALENDAR
para.72.9 SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE--H.R. 2909
para.72.10 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
[[Page 3207]]
para.72.11 [ROLL NO. 225]--ON APPROVAL OF THE JOURNAL
para.72.12 HEALTH CARE COVERAGE--H.R. 3103
para.72.13 MOTION TO INSTRUCT CONFEREES--H.R. 3103
para.72.14 [ROLL NO. 226]--ON THE MOTION TO INSTRUCT CONFEREES
para.72.15 APPOINTMENT OF CONFEREES--H.R. 3103
para.72.16 FOREIGN OPERATIONS APPROPRIATIONS--H.R. 3540
para.72.17 RECORDED VOTE--AMENDMENT BY MR. FRANK OF MASSACHUSETTS
para.72.18 [ROLL NO. 227]--ON THE AMENDMENT
para.72.19 [ROLL NO. 228]--ON PASSAGE OF H.R. 3540
para.72.20 PROVIDING FOR THE CONSIDERATION OF H.R. 3603--H. RES. 451
para.72.21 AGRICULTURE APPROPRIATIONS--H.R. 3603
para.72.22 LEAVE OF ABSENCE
para.72.23 ADJOURNMENT
para.72.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.72.25 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.72.26 PUBLIC BILLS AND RESOLUTIONS
para.72.27 ADDITIONAL SPONSORS
WEDNESDAY, JUNE 12, 1996 (73)
para.73.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.73.2 APPROVAL OF THE JOURNAL
para.73.3 COMMUNICATIONS
para.73.4 MESSAGE FROM THE SENATE
para.73.5 POINT OF ORDER
para.73.6 COMMITTEES AND SUBCOMMITTEES TO SIT
para.73.7 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.73.8 [ROLL NO. 229]--ON APPROVAL OF THE JOURNAL
para.73.9 AGRICULTURAL COMMODITIES RESERVES--S. CON. RES. 63
para.73.10 AGRICULTURE APPROPRIATIONS--H.R. 3603
para.73.11 MESSAGES FROM THE PRESIDENT
para.73.12 RECORDED VOTE--AMENDMENT BY MR. DEFAZIO
para.73.13 [ROLL NO. 230]--ON THE AMENDMENT
para.73.14 RECORDED VOTE--AMENDMENT BY MR. KOLBE
para.73.15 [ROLL NO. 231]--ON THE AMENDMENT
para.73.16 RECORDED VOTE--AMENDMENT BY MR. KENNEDY OF MASSACHUSETTS
para.73.17 [ROLL NO. 232]--ON THE AMENDMENT
para.73.18 RECORDED VOTE--AMENDMENT BY MR. DURBIN
para.73.19 [ROLL NO. 233]--ON THE AMENDMENT
para.73.20 [ROLL NO. 234]--ON PASSAGE OF H.R. 3603
para.73.21 PROVIDING FOR THE CONSIDERATION OF H.R. 3610--H. RES. 453
para.73.22 OLYMPIC TORCH RELAY--H.R. 3610
para.73.23 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H. CON. RES. 178--H. RES. 450
para.73.24 [ROLL NO. 235]--ON AGREEING TO H. RES. 450
para.73.25 CONGRESSIONAL BUDGET RESOLUTION--H. CON. RES. 178
para.73.26 [ROLL NO. 236]--ON AGREEING TO THE CONFERENCE REPORT
para.73.27 MESSAGE FROM THE PRESIDENT--NATIONAL ENDOWMENT FOR THE ARTS
para.73.28 PROVIDING FOR THE CONSIDERATION OF H.R. 2754--H. RES. 448
para.73.29 LEAVE OF ABSENCE
para.73.30 ADJOURNMENT
para.73.31 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.73.32 PUBLIC BILLS AND RESOLUTIONS
para.73.33 ADDITIONAL SPONSORS
para.73.34 DELETIONS
THURSDAY, JUNE 13, 1996 (74)
para.74.1 APPROVAL OF THE JOURNAL
para.74.2 COMMUNICATIONS
para.74.3 COMMITTEES AND SUBCOMMITTEES TO SIT
[[Page 3208]]
para.74.4 SHIPBUILDING TRADE AGREEMENT--H.R. 2754
para.74.5 RECORDED VOTE--AMENDMENT BY MR. BATEMAN
para.74.6 [ROLL NO. 237]--ON THE AMENDMENT
para.74.7 [ROLL NO. 238]--ON PASSAGE OF H.R. 2754
para.74.8 PROVIDING FOR THE CONSIDERATION OF H.R. 3610--H. RES. 453
para.74.9 DOD APPROPRIATIONS--H.R. 3610
para.74.10 MESSAGE FROM THE SENATE
para.74.11 RECORDED VOTE--AMENDMENT BY MR. YOUNG OF FLORIDA
para.74.12 [ROLL NO. 239]--ON THE AMENDMENT
para.74.13 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.74.14 [ROLL NO. 240]--ON THE AMENDMENT
para.74.15 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.74.16 [ROLL NO. 241]--ON THE AMENDMENT
para.74.17 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.74.18 [ROLL NO. 242]--ON THE AMENDMENT
para.74.19 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.74.20 [ROLL NO. 243]--ON THE AMENDMENT
para.74.21 RECORDED VOTE--AMENDMENT BY MS. SCHROEDER
para.74.22 [ROLL NO. 244]--ON THE AMENDMENT
para.74.23 RECORDED VOTE--AMENDMENT BY MR. SHAYS
para.74.24 [ROLL NO. 245]--ON THE AMENDMENT
para.74.25 RECORDED VOTE--AMENDMENT, AS AMENDED, BY MR. DEFAZIO
para.74.26 [ROLL NO. 246]--ON THE AMENDMENT, AS AMENDED
para.74.27 [ROLL NO. 247]--ON PASSAGE OF H.R. 3610
para.74.28 ADJOURNMENT OVER
para.74.29 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.74.30 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.74.31 SUBPOENA--MR. THOMAS
para.74.32 SUBPOENA--CHIEF ADMINISTRATIVE OFFICER
para.74.33 ORDER OF BUSINESS--CONSIDERATION OF H. CON. RES. 187
para.74.34 CHURCH ARSON PREVENTION--H. CON. RES. 187
para.74.35 LEAVE OF ABSENCE
para.74.36 ADJOURNMENT
para.74.37 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.74.38 REPORTED BILL SEQUENTIALLY REFERRED
para.74.39 PUBLIC BILLS AND RESOLUTIONS
para.74.40 MEMORIALS
para.74.41 ADDITIONAL SPONSORS
MONDAY, JUNE 17, 1996 (75)
para.75.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.75.2 APPROVAL OF THE JOURNAL
para.75.3 COMMUNICATIONS
para.75.4 HOUR OF MEETING
para.75.5 ADJOURNMENT
para.75.6 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.75.7 COMMITTEE DISCHARGED
para.75.8 PUBLIC BILLS AND RESOLUTIONS
para.75.9 ADDITIONAL SPONSORS
para.75.10 PETITIONS
TUESDAY, JUNE 18, 1996 (76)
para.76.1 MESSAGE FROM THE SENATE
para.76.2 ``MORNING HOUR'' DEBATES
para.76.3 RECESS--1:23 P.M.
para.76.4 AFTER RECESS--2:00 P.M.
para.76.5 APPROVAL OF THE JOURNAL
para.76.6 COMMUNICATIONS
[[Page 3209]]
para.76.7 INTERIOR APPROPRIATIONS--H.R. 3662
para.76.8 SECURITY MARKETS DEREGULATION--H.R. 3005
para.76.9 ANTI-CAR THEFT IMPROVEMENTS--H.R. 2803
para.76.10 CHURCH ARSON PREVENTION--H.R. 3525
para.76.11 WILLIAM H. NATCHER BRIDGE--H.R. 3572
para.76.12 SINGLE AUDIT ACT AMENDMENTS--S. 1579
para.76.13 IRAN OIL SANCTION--H.R. 3107
para.76.14 SUSPENSION VOTES REDESIGNATED
para.76.15 H.R. 3525--UNFINISHED BUSINESS
para.76.16 [ROLL NO. 248]--ON PASSAGE OF H.R. 3525
para.76.17 PERMISSION TO FILE REPORT--H.R. 3666
para.76.18 PAPERWORK AND REGULATORY REDUCTION FOR DEPOSITORY
INSTITUTIONS--H.R. 1858
para.76.19 PROVIDING FOR THE CONSIDERATION OF H.R. 3662--H. RES. 455
para.76.20 SENATE BILL REFERRED
para.76.21 LEAVE OF ABSENCE
para.76.22 ADJOURNMENT
para.76.23 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.76.24 PUBLIC BILLS AND RESOLUTIONS
para.76.25 MEMORIALS
para.76.26 ADDITIONAL SPONSORS
para.76.27 DELETIONS
WEDNESDAY, JUNE 19, 1996 (77)
para.77.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.77.2 APPROVAL OF THE JOURNAL
para.77.3 COMMUNICATIONS
para.77.4 MESSAGE FROM THE SENATE
para.77.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.77.6 PROVIDING FOR THE CONSIDERATION OF H.R. 3662--H. RES. 455
para.77.7 H.R. 3005--UNFINISHED BUSINESS
para.77.8 [ROLL NO. 249]--ON PASSAGE OF 3005
para.77.9 H.R. 3107--UNFINISHED BUSINESS
para.77.10 [ROLL NO. 250]--ON PASSAGE OF H.R. 3107
para.77.11 INTERIOR APPROPRIATIONS--H.R. 3662
para.77.12 RECORDED VOTE--AMENDMENT BY MR. FARR
para.77.13 [ROLL NO. 251]--ON THE AMENDMENT
para.77.14 RECORDED VOTE--AMENDMENT BY MR. WALKER
para.77.15 [ROLL NO. 252]--ON THE AMENDMENT
para.77.16 RECORDED VOTE--AMENDMENT BY MR. DICKS
para.77.17 [ROLL NO. 253]--ON THE AMENDMENT
para.77.18 RECORDED VOTE--AMENDMENT BY MR. RICHARDSON
para.77.19 [ROLL NO. 254]--ON THE AMENDMENT
para.77.20 RECORDED VOTE--AMENDMENT BY MR. VENTO
para.77.21 [ROLL NO. 255]--ON THE AMENDMENT
para.77.22 RECORDED VOTE--AMENDMENT BY MR. MILLER OF CALIFORNIA
para.77.23 [ROLL NO. 256]--ON THE AMENDMENT
para.77.24 RECORDED VOTE--AMENDMENT BY MR. RICHARDSON
para.77.25 [ROLL NO. 257]--ON THE AMENDMENT
para.77.26 PROVIDING FOR THE CONSIDERATION OF H.R. 3666--H. RES. 456
para.77.27 INTERIOR APPROPRIATIONS--H.R. 3662
para.77.28 RECORDED VOTE--AMENDMENT BY MR. KENNEDY OF MASSACHUSETTS
para.77.29 [ROLL NO. 258]--ON THE AMENDMENT
para.77.30 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 3362
para.77.31 TRANSPORTATION APPROPRIATIONS--H.R. 3675
para.77.32 ENROLLED BILL SIGNED
para.77.33 SENATE ENROLLED BILL SIGNED
para.77.34 LEAVE OF ABSENCE
para.77.35 ADJOURNMENT
[[Page 3210]]
para.77.36 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.77.37 PUBLIC BILLS AND RESOLUTIONS
para.77.38 ADDITIONAL SPONSORS
para.77.39 DELETIONS
THURSDAY, JUNE 20, 1996 (78)
para.78.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.78.2 APPROVAL OF THE JOURNAL
para.78.3 COMMUNICATIONS
para.78.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.78.5 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 3662
para.78.6 INTERIOR APPROPRIATION--H.R. 3662
para.78.7 RECORDED VOTE--AMENDMENT BY MR. PARKER
para.78.8 [ROLL NO. 259]--ON THE AMENDMENT
para.78.9 RECORDED VOTE--AMENDMENT BY MR. SANDERS
para.78.10 [ROLL NO. 260]--ON THE AMENDMENT
para.78.11 RECORDED VOTE--AMENDMENT BY MR. SHADEGG
para.78.12 [ROLL NO. 261]--ON THE AMENDMENT
para.78.13 RECORDED VOTE--AMENDMENT BY MS. FURSE
para.78.14 [ROLL NO. 262]--ON THE AMENDMENT
para.78.15 RECORDED VOTE--AMENDMENT BY MR. ISTOOK
para.78.16 [ROLL NO. 263]--ON THE AMENDMENT
para.78.17 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.78.18 [ROLL NO. 264]--ON THE AMENDMENT
para.78.19 RECORDED VOTE--AMENDMENT BY MR. SANDERS
para.78.20 [ROLL NO. 265]--ON THE AMENDMENT
para.78.21 [ROLL NO. 266]--SEPARATE VOTE ON THE AMENDMENT BY MR.
KENNEDY OF MASSACHUSETTS
para.78.22 [ROLL NO. 267]--ON THE MOTION TO RECOMMIT
para.78.23 [ROLL NO. 268]--ON PASSAGE OF H.R. 3662
para.78.24 ADJOURNMENT OVER
para.78.25 HOUR OF MEETING
para.78.26 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.78.27 BILL PRESENTED TO THE PRESIDENT
para.78.28 LEAVE OF ABSENCE
para.78.29 ADJOURNMENT
para.78.30 PUBLIC BILLS AND RESOLUTIONS
para.78.31 PRIVATE BILLS AND RESOLUTIONS
para.78.32 ADDITIONAL SPONSORS
MONDAY, JUNE 24, 1996 (79)
para.79.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.79.2 APPROVAL OF THE JOURNAL
para.79.3 COMMUNICATIONS
para.79.4 MESSAGE FROM THE SENATE
para.79.5 MESSAGES FROM THE PRESIDENT
para.79.6 MESSAGE FROM THE PRESIDENT--MFN CHINA
para.79.7 MESSAGE FROM THE PRESIDENT--IMPOUNDMENT CONTROL
para.79.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.79.9 ADJOURNMENT
para.79.10 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.79.11 REPORTED BILL SEQUENTIALLY REFERRED
para.79.12 PUBLIC BILLS AND RESOLUTIONS
para.79.13 ADDITIONAL SPONSORS
TUESDAY, JUNE 25, 1996 (80)
para.80.1 RECESS--11:17 A.M.
para.80.2 AFTER RECESS--12:00 NOON
para.80.3 APPROVAL OF THE JOURNAL
[[Page 3211]]
para.80.4 COMMUNICATIONS
para.80.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.80.6 SAFE DRINKING WATER--H.R. 3604
para.80.7 PROVIDING FOR THE CONSIDERATION OF H.R. 3666--H. RES. 456
para.80.8 [ROLL NO. 269]--ON AGREEING TO H. RES. 456
para.80.9 THE LATE HONORABLE BILL EMERSON--H. RES. 459
para.80.10 MESSAGE FROM THE SENATE
para.80.11 BILL EMERSON MEMORIAL BRIDGE--S. 1903
para.80.12 PROVIDING FOR THE CONSIDERATION OF H.R. 3675--H. RES. 460
para.80.13 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
para.80.14 VA-HUD APPROPRIATIONS--H.R. 3666
para.80.15 RECORDED VOTE--AMENDMENT BY MR. KENNEDY OF MASSACHUSETTS
para.80.16 [ROLL NO. 270]--ON THE AMENDMENT
para.80.17 COMMITTEE RESIGNATION--MAJORITY
para.80.18 COMMITTEE ELECTIONS--MAJORITY--H. RES. 462
para.80.19 PROVIDING FOR THE CONSIDERATION OF A JOINT RESOLUTION AND
RESOLUTION--H. RES. 463
para.80.20 ENROLLED BILL SIGNED
para.80.21 SENATE ENROLLED BILL SIGNED
para.80.22 BILL PRESENTED TO THE PRESIDENT
para.80.23 LEAVE OF ABSENCE
para.80.24 ADJOURNMENT
para.80.25 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.80.26 PUBLIC BILLS AND RESOLUTIONS
para.80.27 MEMORIALS
para.80.28 ADDITIONAL SPONSORS
WEDNESDAY, JUNE 26, 1996 (81)
para.81.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.81.2 APPROVAL OF THE JOURNAL
para.81.3 COMMUNICATIONS
para.81.4 MOTION TO ADJOURN
para.81.5 [ROLL NO. 271]--ON THE MOTION
para.81.6 COMMITTEES AND SUBCOMMITTEES TO SIT
para.81.7 VA--HUD APPROPRIATIONS--H.R. 3666
para.81.8 RECORDED VOTE--AMENDMENT BY MR. LAZIO
para.81.9 [ROLL NO. 272]--ON THE AMENDMENT
para.81.10 RECORDED VOTE--AMENDMENT BY MR. SHAYS
para.81.11 [ROLL NO. 273]--ON THE AMENDMENT
para.81.12 RECORDED VOTE--AMENDMENT BY MR. SANDERS
para.81.13 [ROLL NO. 274]--ON THE AMENDMENT
para.81.14 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
para.81.15 [ROLL NO. 275]--ON THE AMENDMENT
para.81.16 MESSAGE FROM THE PRESIDENT
para.81.17 RECORDED VOTE--AMENDMENT BY MR. HOSTETTLER
para.81.18 [ROLL NO. 276]--ON THE AMENDMENT
para.81.19 VA--HUD APPROPRIATIONS--H.R. 3666
para.81.20 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.81.21 [ROLL NO. 277]--ON THE AMENDMENT
para.81.22 RECORDED VOTE--AMENDMENT BY MR. WALKER
para.81.23 [ROLL NO. 278]--ON THE AMENDMENT
para.81.24 RECORDED VOTE--AMENDMENT BY MR. MARKEY
para.81.25 [ROLL NO. 279]--ON THE AMENDMENT
para.81.26 RECORDED VOTE--AMENDMENT BY MR. ROEMER
para.81.27 [ROLL NO. 280]--ON THE AMENDMENT
para.81.28 [ROLL NO. 281]--ON THE MOTION TO RECOMMIT
para.81.29 [ROLL NO. 282]--ON PASSAGE OF H.R. 3666
para.81.30 PROVIDING FOR THE CONSIDERATION OF A CONCURRENT RESOLUTION
FOR ADJOURNMENT--H. RES. 465
para.81.31 PROVIDING FOR THE CONSIDERATION OF H.J. RES. 182 AND H.
RES. 461--H. RES. 463
[[Page 3212]]
THURSDAY, JUNE 27 (LEGISLATIVE DAY OF JUNE 26), 1996
para.81.32 PROVIDING FOR THE CONSIDERATION OF H.R. 3675--H. RES. 460
para.81.33 TRANSPORTATION APPROPRIATIONS--H.R. 3675
para.81.34 COMMITTEE ELECTION--MAJORITY--H. RES. 467
para.81.35 HOUR OF MEETING
para.81.36 MESSAGE FROM THE PRESIDENT--SPACE ACTIVITIES
para.81.37 APPOINTMENT OF FUNERAL COMMITTEE OF THE LATE HONORABLE BILL
EMERSON
para.81.38 SENATE ENROLLED BILL SIGNED
para.81.39 LEAVE OF ABSENCE
para.81.40 ADJOURNMENT
para.81.41 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.81.42 PUBLIC BILLS AND RESOLUTIONS
para.81.43 MEMORIALS
para.81.44 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
para.81.45 ADDITIONAL SPONSORS
para.81.46 DELETIONS
THURSDAY, JUNE 27, 1996 (82)
para.82.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.82.2 APPROVAL OF THE JOURNAL
para.82.3 COMMUNICATIONS
para.82.4 MESSAGE FROM THE SENATE
para.82.5 CHURCH ARSON PREVENTION--SENATE AMENDMENT--H.R. 3525
para.82.6 DISTRICT OF COLUMBIA REORGANIZATION--H.R. 3663
para.82.7 MFN--CHINA--H.J. RES. 182
para.82.8 [ROLL NO. 283]--ON THE QUESTION TO PERMIT USE OF EXHIBIT
para.82.9 [ROLL NO. 284]--ON PASSAGE OF H.J. RES. 182
para.82.10 U.S. CONCERNS--CHINA--H. RES. 461
para.82.11 [ROLL NO. 285]--ON AGREEING TO H. RES. 461
para.82.12 PROVIDING FOR THE CONSIDERATION OF A CONCURRENT RESOLUTION
PROVIDING FOR THE ADJOURNMENT OF THE TWO HOUSES--H. RES. 465
para.82.13 WORDS TAKEN DOWN
para.82.14 [ROLL NO. 286]--ON AGREEING TO H. RES. 465
para.82.15 PROVIDING FOR THE ADJOURNMENT OF THE TWO HOUSES--H. CON.
RES. 192
para.82.16 PRIVILEGES OF THE HOUSE--H. RES. 468
para.82.17 [ROLL NO. 287]--ON THE MOTION TO LAY THE RESOLUTION ON THE
TABLE
para.82.18 POINT OF PERSONAL PRIVILEGE
para.82.19 WELFARE AND MEDICAID REFORM--H.R. 3734
para.82.20 TRANSPORTATION APPROPRIATIONS--H.R. 3675
FRIDAY, JUNE 28 (LEGISLATIVE DAY OF JUNE 27), 1993
para.82.21 RECORDED VOTE--AMENDMENT BY MR. OBERSTAR
para.82.22 [ROLL NO. 288]--ON THE AMENDMENT
para.82.23 RECORDED VOTE--AMENDMENT BY MR. FILNER
para.82.24 [ROLL NO. 289]--ON THE AMENDMENT
para.82.25 RECORDED VOTE--AMENDMENT BY MR. ANDREWS
para.82.26 [ROLL NO. 290]--ON THE AMENDMENT
para.82.27 RECORDED VOTE--AMENDMENT BY MR. COLLINS OF GEORGIA
para.82.28 [ROLL NO. 291]--ON THE AMENDMENT
para.82.29 [ROLL NO. 292]--ON PASSAGE OF H.R. 3675
para.82.30 FURTHER MESSAGE FROM THE SENATE
para.82.31 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.82.32 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.82.33 HOUR OF MEETING
para.82.34 HOUR OF MEETING
para.82.35 ORDER OF BUSINESS--RECESS
para.82.36 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.82.37 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
para.82.38 PERMISSION TO FILE REPORT--H.R. 3158
[[Page 3213]]
para.82.39 ENROLLED BILLS SIGNED
para.82.40 LEAVE OF ABSENCE
para.82.41 ADJOURNMENT
para.82.42 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.82.43 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.82.44 COMMITTEE DISCHARGED
para.82.45 PUBLIC BILLS AND RESOLUTIONS
para.82.46 MEMORIALS
para.82.47 ADDITIONAL SPONSORS
MONDAY, JULY 8, 1996 (83)
para.83.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.83.2 APPROVAL OF THE JOURNAL
para.83.3 COMMUNICATIONS
para.83.4 ELECTION OF SPEAKER PRO TEMPORE
para.83.5 PERMISSION TO FILE REPORT--H.R. 3755
para.83.6 PERMISSION TO FILE REPORT--H.R. 3756
para.83.7 LEGISLATIVE APPROPRIATIONS--H.R. 3754
para.83.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.83.9 ENROLLED BILLS SIGNED
para.83.10 ENROLLED BILLS SIGNED
para.83.11 ADJOURNMENT
para.83.12 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.83.13 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.83.14 COMMITTEE DISCHARGED
para.83.15 PUBLIC BILLS AND RESOLUTIONS
para.83.16 MEMORIALS
para.83.17 ADDITIONAL SPONSORS
para.83.18 PETITIONS
TUESDAY, JULY 9, 1996 (84)
para.84.1 RECESS--12:51 P.M.
para.84.2 AFTER RECESS--2:00 P.M.
para.84.3 APPROVAL OF THE JOURNAL
para.84.4 COMMUNICATIONS
para.84.5 FAIR EMPLOYMENT PRACTICES REVIEW PANEL--APPOINTMENT
para.84.6 SUBPOENA--MR. YOUNG OF FLORIDA
para.84.7 NAVAL VESSELS TRANSFER--SENATE AMENDMENTS--H.R. 3121
para.84.8 ARMORED CAR INDUSTRY RECIPROCITY--H.R. 3431
para.84.9 TRAUMATIC BRAIN INJURY--H.R. 248
para.84.10 COST OF GOVERNMENT DAY--H. CON. RES. 193
para.84.11 MESSAGES FROM THE PRESIDENT
para.84.12 PROVIDING FOR THE CONSIDERATION OF H.R. 3755--H. RES. 472
para.84.13 RECESS--5:35 P.M.
para.84.14 AFTER RECESS--6:29 P.M.
para.84.15 PROVIDING FOR THE CONSIDERATION OF H.R. 3754--H. RES. 473
para.84.16 MESSAGE FROM THE PRESIDENT--COASTAL ZONE MANAGEMENT
para.84.17 MESSAGE FROM THE PRESIDENT--PUBLIC BROADCASTING
para.84.18 BILLS PRESENTED TO THE PRESIDENT
para.84.19 ADJOURNMENT
para.84.20 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.84.21 PUBLIC BILLS AND RESOLUTIONS
para.84.22 ADDITIONAL SPONSORS
WEDNESDAY, JULY 10, 1996 (85)
para.85.1 APPROVAL OF THE JOURNAL
para.85.2 COMMUNICATIONS
para.85.3 RECESS--9:04 A.M.
[[Page 3214]]
para.85.4 AFTER RECESS--11:30 A.M.
para.85.5 PROCEEDINGS DURING RECESS
para.85.6 MESSAGE FROM THE SENATE
para.85.7 SUBPOENA--MR. MCDADE
para.85.8 SUBPOENA--CLERK OF THE HOUSE
para.85.9 COMMITTEES AND SUBCOMMITTEES TO SIT
para.85.10 PROVIDING FOR THE CONSIDERATION OF H.R. 3754--H. RES. 473
para.85.11 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENTS--H.R. 3754
para.85.12 H. CON. RES. 193--UNFINISHED BUSINESS
para.85.13 [ROLL NO. 293]--ON AGREEING TO H. CON. RES. 193
para.85.14 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.85.15 [ROLL NO. 294]--ON APPROVAL OF THE JOURNAL
para.85.16 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 3754
para.85.17 LEGISLATIVE BRANCH APPROPRIATIONS--H.R. 3754
para.85.18 MESSAGE FROM THE PRESIDENT
para.85.19 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. CAMPBELL
para.85.20 [ROLL NO. 295]--ON THE AMENDMENT, AS MODIFIED
para.85.21 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.85.22 [ROLL NO. 296]--ON THE AMENDMENT
para.85.23 [ROLL NO. 297]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.85.24 [ROLL NO. 298]--ON PASSAGE OF H.R. 3754
para.85.25 PROVIDING FOR THE CONSIDERATION OF H.R. 3755--H. RES. 472
para.85.26 [ROLL NO. 299]--ON ORDERING THE PREVIOUS QUESTION
para.85.27 LABOR-HHS-EDUCATION APPROPRIATIONS--H.R. 3755
para.85.28 PROVIDING FOR THE CONSIDERATION OF H.R. 3396--H. RES. 474
para.85.29 LABOR-HHS-EDUCATION APPROPRIATIONS--H.R. 3755
para.85.30 MESSAGE FROM THE PRESIDENT--CHINESE GLOBALSTAR SATELLITE
PROJECT LICENSE SUSPENSION
para.85.31 SUBPOENA--MR. LIVINGSTON
para.85.32 SUBPOENA--MR. LIVINGSTON
para.85.33 ENROLLED BILL SIGNED
para.85.34 BILL PRESENTED TO THE PRESIDENT
para.85.35 LEAVE OF ABSENCE
para.85.36 ADJOURNMENT
para.85.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.85.38 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.85.39 COMMITTEE DISCHARGED
para.85.40 PUBLIC BILLS AND RESOLUTIONS
para.85.41 MEMORIALS
para.85.42 ADDITIONAL SPONSORS
THURSDAY, JULY 11, 1996 (86)
para.86.1 APPROVAL OF THE JOURNAL
para.86.2 COMMUNICATIONS
para.86.3 MESSAGE FROM THE SENATE
para.86.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.86.5 PROVIDING FOR THE CONSIDERATION OF H.R. 3396--H. RES. 474
para.86.6 [ROLL NO. 300]--ON AGREEING TO H. RES. 474
para.86.7 LABOR-HHS-EDUCATION APPROPRIATIONS--3755
para.86.8 RECORDED VOTE--AMENDMENT BY MS. PELOSI
para.86.9 [ROLL NO. 301]--ON THE AMENDMENT
para.86.10 RECORDED VOTE--AMENDMENT BY MRS. LOWEY
para.86.11 [ROLL NO. 302]--ON THE AMENDMENT
para.86.12 ORDER OF BUSINESS--CONSIDERATION OF H.R. 3755 AND AMENDMENTS
THERETO
para.86.13 PROVIDING FOR THE CONSIDERATION OF H.R. 3756--H. RES. 475
para.86.14 LABOR-HHS-EDUCATION APPROPRIATIONS--H.R. 3755
para.86.15 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.86.16 [ROLL NO. 303]--ON THE AMENDMENT
para.86.17 RECORDED VOTE--AMENDMENT BY MRS. LOWEY
[[Page 3215]]
para.86.18 [ROLL NO. 304]--ON THE AMENDMENT
para.86.19 RECORDED VOTE--AMENDMENT BY MR. HEFLEY
para.86.20 [ROLL NO. 305]--ON THE AMENDMENT
para.86.21 RECORDED VOTE--AMENDMENT BY MR. SANDERS
para.86.22 [ROLL NO. 306]--ON THE AMENDMENT
para.86.23 RECORDED VOTE--AMENDMENT BY MRS. LOWEY
para.86.24 [ROLL NO. 307]--ON THE AMENDMENT
para.86.25 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. HOYER FOR THE
AMENDMENT BY MR. BUNNING
para.86.26 [ROLL NO. 308]--ON THE SUBSTITUTE AMENDMENT FOR THE
AMENDMENT
para.86.27 RECORDED VOTE--AMENDMENT BY MR. BUNNING
para.86.28 [ROLL NO. 309]--ON THE AMENDMENT
para.86.29 RECORDED VOTE--SUBSTITUTE AMENDMENT BY MR. OBEY FOR THE
AMENDMENT BY MR. ISTOOK
para.86.30 [ROLL NO. 310]--ON THE SUBSTITUTE AMENDMENT FOR THE
AMENDMENT
FRIDAY, JULY 12 (LEGISLATIVE DAY OF JULY 11), 1996
para.86.31 RECORDED VOTE--AMENDMENT, AS AMENDED, BY MR. ISTOOK
para.86.32 [ROLL NO. 311]--ON THE AMENDMENT, AS AMENDED
para.86.33 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.86.34 [ROLL NO. 312]--ON THE AMENDMENT
para.86.35 [ROLL NO. 313]--ON PASSAGE OF H.R. 3755
para.86.36 CLERK TO CORRECT ENGROSSMENT--H.R. 3755
para.86.37 ORDER OF BUSINESS--SUSPENSION OF THE RULES
para.86.38 INSTITUTION OF MARRIAGE--H.R. 3396
para.86.39 ENROLLED BILLS SIGNED
para.86.40 LEAVE OF ABSENCE
para.86.41 ADJOURNMENT
para.86.42 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.86.43 PUBLIC BILLS AND RESOLUTIONS
para.86.44 MEMORIALS
para.86.45 ADDITIONAL SPONSORS
para.86.46 PETITIONS
FRIDAY, JULY 12, 1996 (87)
para.87.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.87.2 APPROVAL OF THE JOURNAL
para.87.3 COMMUNICATIONS
para.87.4 BILL EMERSON GOOD SAMARITAN FOOD DONATION--H.R. 2428
para.87.5 RECESS--9:25 A.M.
para.87.6 AFTER RECESS--11:12 A.M.
para.87.7 MESSAGE FROM THE SENATE
para.87.8 INSTITUTION OF MARRIAGE--H.R. 3396
para.87.9 RECORDED VOTE--AMENDMENT BY MR. FRANK
para.87.10 [ROLL NO. 314]--ON THE AMENDMENT
para.87.11 POINT OF ORDER
para.87.12 [ROLL NO. 315]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.87.13 [ROLL NO. 316]--ON PASSAGE OF H.R. 3396
para.87.14 ADJOURNMENT OVER
para.87.15 CALENDAR WEDNESDAY DISPENSED WITH
para.87.16 FIRST CONGRESSIONAL ANNUAL PICNIC--H. CON. RES. 198
para.87.17 BILLS PRESENTED TO THE PRESIDENT
para.87.18 LEAVE OF ABSENCE
para.87.19 ADJOURNMENT
para.87.20 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.87.21 COMMITTEE DISCHARGED
para.87.22 PUBLIC BILLS AND RESOLUTIONS
para.87.23 PRIVATE BILLS AND RESOLUTIONS
para.87.24 ADDITIONAL SPONSORS
[[Page 3216]]
TUESDAY, JULY 16, 1996 (88)
para.88.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.88.2 MESSAGE FROM THE SENATE
para.88.3 ``MORNING HOUR'' DEBATES
para.88.4 RECESS--10:43 A.M.
para.88.5 AFTER RECESS--12:00 NOON
para.88.6 APPROVAL OF THE JOURNAL
para.88.7 COMMUNICATIONS
para.88.8 PRIVATE CALENDAR POSTPONED
para.88.9 COMMERCE, JUSTICE, STATE, JUDICIARY APPROPRIATIONS--H.R. 3814
para.88.10 GOVERNMENT ACCOUNTABILITY ACT--H.R. 3166
para.88.11 VA COMPENSATION COLA--H.R. 3458
para.88.12 AGENT ORANGE BENEFITS--H.R. 3643
para.88.13 VETERANS' COMPENSATION AND READJUSTMENT BENEFITS--H.R. 3673
para.88.14 VETERANS' EDUCATION AND COMPENSATION BENEFITS--H.R. 3674
para.88.15 OMNIBUS EXPORT ADMINISTRATION--H.R. 361
para.88.16 MFN FOR ROMANIA--H.R. 3161
para.88.17 FEDERAL OIL AND GAS ROYALTY SIMPLIFICATION AND FAIRNESS--
H.R. 1975
para.88.18 NATION'S SEABED MINERALS RECOVERY--H.R. 3249
para.88.19 MOLLIE BEATTIE ALASKA WILDERNESS AREA--S. 1899
para.88.20 PROVIDING FOR THE CONSIDERATION OF H.R. 3756--H. RES. 475
para.88.21 TREASURY AND U.S. POSTAL SERVICE APPROPRIATIONS--H.R. 3756
para.88.22 ORDER OF BUSINESS--CONSIDERATION OF H.R. 3756 AND AMENDMENTS
THERETO
para.88.23 PROVIDING FOR THE CONSIDERATION OF H.R. 3814--H.R. 3814
para.88.24 TREASURY AND U.S. POSTAL SERVICE APPROPRIATIONS--H.R. 3756
para.88.25 RECORDED VOTE--AMENDMENT BY MR. METCALF
para.88.26 [ROLL NO. 317]--ON THE AMENDMENT
para.88.27 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.88.28 [ROLL NO. 318]--ON THE AMENDMENT
para.88.29 ENERGY AND WATER DEVELOPMENT APPROPRIATIONS--H.R. 3816
para.88.30 SUSPENSION VOTES REDESIGNATED
para.88.31 PRIVATE CALENDAR
para.88.32 BILL PASSED--H.R. 2001 AND S. 966
para.88.33 SENATE BILL REFERRED
para.88.34 LEAVE OF ABSENCE
para.88.35 ADJOURNMENT
para.88.36 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.88.37 PUBLIC BILLS AND RESOLUTIONS
para.88.38 ADDITIONAL SPONSORS
WEDNESDAY, JULY 17, 1996 (89)
para.89.1 APPROVAL OF THE JOURNAL
para.89.2 COMMUNICATIONS
para.89.3 MESSAGE FROM THE SENATE
para.89.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.89.5 TREASURY AND U.S. POSTAL SERVICE APPROPRIATIONS--H.R. 3756
para.89.6 MESSAGES FROM THE PRESIDENT
para.89.7 RECORDED VOTE--MOTION BY MR. WISE THAT THE COMMITTEE RISE AND
REPORT BACK WITH ENACTING CLAUSE STRICKEN
para.89.8 [ROLL NO. 319]--ON THE MOTION THAT THE COMMITTEE RISE AND
REPORT BACK WITH ENACTING CLAUSE STRICKEN
para.89.9 RECORDED VOTE--AMENDMENT BY MR. HOYER
para.89.10 [ROLL NO. 320]--ON THE AMENDMENT
para.89.11 RECORDED VOTE--AMENDMENT BY MR. SOLOMON
para.89.12 [ROLL NO. 321]--ON THE AMENDMENT
para.89.13 RECORDED VOTE--AMENDMENT, AS MODIFIED, BY MR. GUTKNECHT
para.89.14 [ROLL NO. 322]--ON THE AMENDMENT, AS MODIFIED
para.89.15 [ROLL NO. 323]--ON PASSAGE OF H.R. 3756
para.89.16 H.R. 3166--UNFINISHED BUSINESS
[[Page 3217]]
para.89.17 [ROLL NO. 324]--ON PASSAGE OF H.R. 3166
para.89.18 H.R. 3161--UNFINISHED BUSINESS
para.89.19 [ROLL NO. 325]--ON PASSAGE 3161
para.89.20 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.89.21 PROVIDING FOR THE CONSIDERATION OF H.R. 3814--H. RES. 479
para.89.22 ORDER OF BUSINESS--CONSIDERATION OF AMENDMENT--H.R. 3814
para.89.23 MESSAGE FROM THE PRESIDENT--MFN STATUS WITH RESPECT TO
BULGARIA
para.89.24 MESSAGE FROM THE PRESIDENT--ARMS PROLIFERATION POLICY
para.89.25 SAFE DRINKING WATER--S. 1316
para.89.26 MOTION TO INSTRUCT CONFEREES--S. 1316
para.89.27 APPOINTMENT OF CONFEREES--S. 1316
para.89.28 DOD AUTHORIZATION--H.R. 3230
para.89.29 MOTION TO INSTRUCT CONFEREES--H.R. 3230
para.89.30 PROVIDING FOR A CLOSED CONFERENCE--H.R. 3230
para.89.31 [ROLL NO. 326]--ON THE MOTION
para.89.32 ORDER OF BUSINESS--CONSIDERATION OF H.R. 3734
para.89.33 HOUR OF MEETING
para.89.34 BUDGET RECONCILIATION--H.R. 3734
para.89.35 APPOINTMENT OF CONFEREES--H.R. 3230
para.89.36 PROVIDING FOR THE CONSIDERATION OF H.R. 3820--H. RES. 481
para.89.37 PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 3734--H.
RES. 482
para.89.38 ENROLLED BILL SIGNED
para.89.39 BILL PRESENTED TO THE PRESIDENT
para.89.40 LEAVE OF ABSENCE
para.89.41 ADJOURNMENT
para.89.42 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.89.43 PUBLIC BILLS AND RESOLUTIONS
para.89.44 PRIVATE BILLS AND RESOLUTIONS
para.89.45 ADDITIONAL SPONSORS
para.89.46 DELETIONS
THURSDAY, JULY 18, 1996 (90)
para.90.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.90.2 APPROVAL OF THE JOURNAL
para.90.3 COMMUNICATIONS
para.90.4 MESSAGE FROM THE SENATE
para.90.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.90.6 PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 3734-- H.
RES. 482
para.90.7 [ROLL NO. 327]--ON AGREEING TO H. RES. 482
para.90.8 BUDGET RECONCILIATION--H.R. 3734
para.90.9 RECORDED VOTE--AMENDMENT BY MR. NEY
para.90.10 [ROLL NO. 328]--ON THE AMENDMENT
para.90.11 PROVIDING FOR THE CONSIDERATION OF H.R. 3816--H. RES. 483
para.90.12 D.C. APPROPRIATIONS--H.R. 3845
para.90.13 ORDER OF BUSINESS--CONSIDERATION OF H.R. 3845 AND AMENDMENTS
THERETO
para.90.14 BUDGET RECONCILIATION--H.R. 3734
para.90.15 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY
MR. TANNER
para.90.16 [ROLL NO. 329]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.90.17 [ROLL NO. 330]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.90.18 [ROLL NO. 331]--ON PASSAGE OF H.R. 3734
para.90.19 TEAMWORK FOR EMPLOYERS AND MANAGERS--SENATE AMENDMENT--H.R.
743
para.90.20 ADJOURNMENT OVER
para.90.21 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.90.22 COMMITTEE ON STUDENT FINANCIAL ASSISTANCE
para.90.23 MODIFICATION OF CONFEREES--H.R. 3230
para.90.24 SENATE CONCURRENT RESOLUTION REFERRED
para.90.25 ENROLLED BILL SIGNED
para.90.26 SENATE ENROLLED BILLS SIGNED
[[Page 3218]]
para.90.27 LEAVE OF ABSENCE
para.90.28 ADJOURNMENT
para.90.29 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.90.30 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.90.31 COMMITTEE DISCHARGED
para.90.32 PUBLIC BILLS AND RESOLUTIONS
para.90.33 PRIVATE BILLS AND RESOLUTIONS
para.90.34 ADDITIONAL SPONSORS
para.90.35 DELETIONS
MONDAY, JULY 22, 1996 (91)
para.91.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.91.2 MESSAGE FROM THE SENATE
para.91.3 ``MORNING HOUR'' DEBATES
para.91.4 RECESS--10:37 A.M.
para.91.5 AFTER RECESS--12 NOON
para.91.6 APPROVAL OF THE JOURNAL
para.91.7 COMMUNICATIONS
para.91.8 MESSAGE FROM THE PRESIDENT
para.91.9 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO LIBYA
para.91.10 NATIONAL GAMBLING IMPACT AND POLICY COMMISSION--SENATE
AMENDMENT--H.R. 497
para.91.11 CHILD PILOT SAFETY--H.R. 3267
para.91.12 AIRLINE PILOT HIRING AND SAFETY--H.R. 3536
para.91.13 NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS--H.R. 3159
para.91.14 CENSUS OF AGRICULTURE ACT OF 1996--H.R. 3665
para.91.15 RECESS--1:50 P.M.
para.91.16 AFTER RECESS--3:03 P.M.
para.91.17 DISTRICT OF COLUMBIA APPROPRIATIONS--H.R. 3845
para.91.18 RECESS--4:05 P.M.
para.91.19 AFTER RECESS--5:31 P.M.
para.91.20 DISTRICT OF COLUMBIA APPROPRIATIONS--H.R. 3845
para.91.21 RECORDED VOTE--AMENDMENT BY MS. NORTON
para.91.22 [ROLL NO. 332]--ON THE AMENDMENT
para.91.23 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.91.24 [ROLL NO. 333]--ON THE AMENDMENT
para.91.25 [ROLL NO. 334]--ON PASSAGE OF H.R. 3845
para.91.26 ORDER OF BUSINESS--POSTPONED VOTES ON MOTIONS TO SUSPEND THE
RULES
para.91.27 H.R. 3267--UNFINISHED BUSINESS
para.91.28 [ROLL NO. 335]--H.R. 3267
para.91.29 H.R. 3536--UNFINISHED BUSINESS
para.91.30 [ROLL NO. 336]--H.R. H.R. 3536
para.91.31 H.R. 3159--UNFINISHED BUSINESS
para.91.32 [ROLL NO. 337]--H.R. 3159
para.91.33 COMMITTEE ELECTION--MAJORITY--H. RES. 485
para.91.34 BILL PRESENTED TO THE PRESIDENT
para.91.35 LEAVE OF ABSENCE
para.91.36 ADJOURNMENT
para.91.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.91.38 PUBLIC BILLS AND RESOLUTIONS
para.91.39 ADDITIONAL SPONSORS
para.91.40 DELETIONS
TUESDAY, JULY 23, 1996 (92)
para.92.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.92.2 RECESS--9:51 A.M.
para.92.3 AFTER RECESS--10:00 A.M.
para.92.4 APPROVAL OF THE JOURNAL
para.92.5 COMMUNICATIONS
[[Page 3219]]
para.92.6 MESSAGE FROM THE PRESIDENT
para.92.7 COMMITTEES AND SUBCOMMITTEES TO SIT
para.92.8 CORRECTIONS CALENDAR
para.92.9 SOFT METRIC CONVERSION--H.R. 2779
para.92.10 NATO ENLARGEMENT FACILITATION--H.R. 3564
para.92.11 IRAN OIL SANCTIONS--SENATE AMENDMENT--H.R. 3107
para.92.12 FOOD QUALITY PROTECTION--H.R. 1627
para.92.13 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.92.14 H.R. 3564--UNFINISHED BUSINESS
para.92.15 [ROLL NO. 338]--ON PASSAGE OF H.R. 3564
para.92.16 H.R. 1627--UNFINISHED BUSINESS
para.92.17 [ROLL NO. 339]--ON AGREEING TO THE SENATE AMENDMENT
para.92.18 COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT--APPOINTMENT
para.92.19 COMMERCE, JUSTICE, STATE APPROPRIATIONS--H.R. 3814
para.92.20 RECORDED VOTE--AMENDMENT BY MR. ROGERS
para.92.21 [ROLL NO. 340]--ON THE AMENDMENT
para.92.22 RECORDED VOTE--AMENDMENT BY MR. MOLLOHAN
para.92.23 [ROLL NO. 341]--ON THE AMENDMENT
para.92.24 RECORDED VOTE--AMENDMENT BY MR. RADANOVICH
para.92.25 [ROLL NO. 342]--ON THE AMENDMENT
para.92.26 ORDER OF BUSINESS--FURTHER CONSIDERATION ON H.R. 3814 AND
AMENDMENTS THERETO
para.92.27 COMMERCE, JUSTICE, STATE APPROPRIATIONS--H.R. 3814
para.92.28 RECORDED VOTE--AMENDMENT BY MS. SCHROEDER
para.92.29 [ROLL NO. 343]--ON THE AMENDMENT
para.92.30 RECORDED VOTE--AMENDMENT BY MR. SCOTT
para.92.31 [ROLL NO. 344]--ON THE AMENDMENT
para.92.32 RECORDED VOTE--AMENDMENT BY MR. HOSTETTLER
para.92.33 [ROLL NO. 345]--ON THE AMENDMENT
para.92.34 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO IRAQ
para.92.35 ENROLLED BILLS SIGNED
para.92.36 LEAVE OF ABSENCE
para.92.37 ADJOURNMENT
para.92.38 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.92.39 COMMITTEE DISCHARGED
para.92.40 PUBLIC BILLS AND RESOLUTIONS
para.92.41 PRIVATE BILLS AND RESOLUTIONS
para.92.42 ADDITIONAL SPONSORS
WEDNESDAY, JULY 24, 1996 (93)
para.93.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.93.2 APPROVAL OF THE JOURNAL
para.93.3 COMMUNICATIONS
para.93.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.93.5 ORDER OF BUSINESS--MODIFICATION OF AMENDMENT CONSIDERATION--
H.R. 3814
para.93.6 COMMERCE, JUSTICE, STATE APPROPRIATIONS--H.R. 3814
para.93.7 RECORDED VOTE--AMENDMENT BY MR. GOSS
para.93.8 [ROLL NO. 346]--ON THE AMENDMENT
para.93.9 RECORDED VOTE--AMENDMENT BY MR. ALLARD
para.93.10 [ROLL NO. 347]--ON THE AMENDMENT
para.93.11 RECORDED VOTE--AMENDMENT BY MR. FRANK
para.93.12 [ROLL NO. 348]--ON THE AMENDMENT
para.93.13 RECORDED VOTE--AMENDMENT BY MR. GANSKE
para.93.14 [ROLL NO. 349]--ON THE AMENDMENT
para.93.15 RECORDED VOTE--AMENDMENT BY MR. GUTKNECHT
para.93.16 [ROLL NO. 350]--ON THE AMENDMENT
para.93.17 RECORDED VOTE--AMENDMENT BY MR. COLLINS OF GEORGIA
para.93.18 [ROLL NO. 351]--ON THE AMENDMENT
para.93.19 [ROLL NO. 352]--ON PASSAGE OF H.R. 3814
[[Page 3220]]
para.93.20 PROVIDING FOR THE CONSIDERATION OF H.R. 3816--H. RES. 483
para.93.21 MESSAGE FROM THE PRESIDENT
para.93.22 ENERGY AND WATER APPROPRIATIONS--H.R. 3816
para.93.23 MESSAGE FROM THE SENATE
para.93.24 BUDGET RECONCILIATION--H.R. 3734
para.93.25 MOTION TO INSTRUCT CONFEREES--H.R. 3734
para.93.26 [ROLL NO. 353]--ON THE MOTION
para.93.27 APPOINTMENT OF CONFEREES--H.R. 3734
para.93.28 ORDER OF BUSINESS--FURTHER CONSIDERATION ON H.R. 3814 AND
AMENDMENTS THERETO
para.93.29 PROVIDING FOR THE CONSIDERATION OF H.R. 2391--H. RES. 488
para.93.30 SECURITY MARKETS DEREGULATION--H.R. 3005
para.93.31 ENERGY AND WATER APPROPRIATIONS--H.R. 3816
para.93.32 RECORDED VOTE--AMENDMENT BY MR. PETRI
para.93.33 [ROLL NO. 354]--ON THE AMENDMENT
para.93.34 RECORDED VOTE--AMENDMENT BY MR. KLUG
para.93.35 [ROLL NO. 355]--ON THE AMENDMENT
para.93.36 RECORDED VOTE--AMENDMENT BY MR. ROHRABACHER
para.93.37 [ROLL NO. 356]--ON THE AMENDMENT
THURSDAY, JULY 25 (LEGISLATIVE DAY OF JULY 24), 1996
para.93.38 MESSAGE FROM THE PRESIDENT--U.S. PARTICIPATION IN U.N.
para.93.39 U.S. NAVAL ACADEMY BOARD OF VISITORS--APPOINTMENT
para.93.40 BILLS PRESENTED TO THE PRESIDENT
para.93.41 LEAVE OF ABSENCE
para.93.42 ADJOURNMENT
para.93.43 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.93.44 PUBLIC BILLS AND RESOLUTIONS
para.93.45 PRIVATE BILLS AND RESOLUTIONS
para.93.46 ADDITIONAL SPONSORS
THURSDAY, JULY 25, 1996 (94)
para.94.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.94.2 APPROVAL OF THE JOURNAL
para.94.3 COMMUNICATIONS
para.94.4 MESSAGE FROM THE SENATE
para.94.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.94.6 ENERGY AND WATER APPROPRIATIONS--H.R. 3816
para.94.7 RECORDED VOTE--AMENDMENT BY MR. OBEY
para.94.8 [ROLL NO. 357]--ON THE AMENDMENT
para.94.9 RECORDED VOTE--AMENDMENT BY MR. SCHAEFER
para.94.10 [ROLL NO. 358]--ON THE AMENDMENT
para.94.11 RECORDED VOTE--AMENDMENTS, EN BLOC, BY MR. MARKEY
para.94.12 [ROLL NO. 359]--ON THE AMENDMENTS, EN BLOC
para.94.13 [ROLL NO. 360]--ON PASSAGE OF H.R. 3816
para.94.14 SUBMISSION OF CONFERENCE REPORT--H.R. 1617
para.94.15 PROVIDING FOR THE CONSIDERATION OF H.R. 3820--H. RES. 481
para.94.16 [ROLL NO. 361]--ON ORDERING THE PREVIOUS QUESTION
para.94.17 [ROLL NO. 362]--ON AGREEING TO H. RES. 481
para.94.18 CAMPAIGN FINANCE REFORM--H.R. 3820
para.94.19 RECORDED VOTE--AMENDMENT IN THE NATURE OF A SUBSTITUTE BY
MR. FAZIO
para.94.20 [ROLL NO. 363]--ON THE AMENDMENT IN THE NATURE OF A
SUBSTITUTE
para.94.21 [ROLL NO. 364]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.94.22 [ROLL NO. 365]--ON PASSAGE OF H.R. 3820
para.94.23 PROVIDING FOR THE CONSIDERATION OF H.R. 2823--H. RES. 489
para.94.24 LABOR SAFETY STANDARDS FOR MINORS--SENATE AMENDMENT--H.R.
1114
para.94.25 WORDS TAKEN DOWN
para.94.26 ENROLLED BILLS SIGNED
para.94.27 BILL PRESENTED TO THE PRESIDENT
[[Page 3221]]
para.94.28 LEAVE OF ABSENCE
para.94.29 ADJOURNMENT
para.94.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.94.31 PUBLIC BILLS AND RESOLUTIONS
para.94.32 ADDITIONAL SPONSORS
FRIDAY, JULY 26, 1996 (95)
para.95.1 APPROVAL OF THE JOURNAL
para.95.2 [ROLL NO. 366]
para.95.3 COMMUNICATIONS
para.95.4 MESSAGE FROM THE SENATE
para.95.5 PROVIDING FOR THE CONSIDERATION OF H.R. 2391--H. RES. 488
para.95.6 [ROLL NO. 367]--ON AGREEING TO H. RES. 488
para.95.7 FURTHER MESSAGE FROM THE SENATE
para.95.8 MILITARY CONSTRUCTION APPROPRIATIONS--H.R. 3517
para.95.9 MOTION TO INSTRUCT CONFEREES--H.R. 3517
para.95.10 APPOINTMENT OF CONFEREES--H.R. 3517
para.95.11 DISTRICT OF COLUMBIA APPROPRIATIONS--H.R. 3845
para.95.12 ADJOURNMENT OF THE TWO HOUSES--H. CON. RES. 203
para.95.13 [ROLL NO. 368]--ON AGREEING TO H. CON. RES. 203
para.95.14 SMALL BUSINESS JOB PROTECTION--H.R. 3448
para.95.15 MOTION TO INSTRUCT CONFEREES--H.R. 3448
para.95.16 [ROLL NO. 369]--ON THE MOTION
para.95.17 APPOINTMENT OF CONFEREES--H.R. 3448
para.95.18 ADJOURNMENT OVER
para.95.19 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.95.20 AGRICULTURAL MARKET TRANSITION--H.R. 3900
para.95.21 SENATE BILLS REFERRED
para.95.22 ENROLLED BILL SIGNED
para.95.23 BILLS PRESENTED TO THE PRESIDENT
para.95.24 LEAVE OF ABSENCE
para.95.25 ADJOURNMENT
para.95.26 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.95.27 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.95.28 COMMITTEE DISCHARGED
para.95.29 PUBLIC BILLS AND RESOLUTIONS
para.95.30 ADDITIONAL SPONSORS
MONDAY, JULY 29, 1996 (96)
para.96.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.96.2 MESSAGE FROM THE SENATE
para.96.3 ``MORNING HOUR'' DEBATES
para.96.4 RECESS--12:49 P.M.
para.96.5 AFTER RECESS--2:00 P.M.
para.96.6 APPROVAL OF THE JOURNAL
para.96.7 COMMUNICATIONS
para.96.8 REPEAL PROHIBITION ON FEDERAL EMPLOYEES--H.R. 3215
para.96.9 TRANSPORTATION CODE TECHNICAL AMENDMENTS--H.R. 2297
para.96.10 SENIOR JUDGE CLARIFICATION--S. 531
para.96.11 NATIONAL FILM PRESERVATION--H.R. 1734
para.96.12 LOBBYING DISCLOSURE TECHNICAL AMENDMENTS--H.R. 3435
para.96.13 JENNINGS RANDOLF LAKE PROJECT--H.J. RES. 113 AND S.J. RES.
20
para.96.14 MUTUAL AID AGREEMENT--H.J. RES. 166
para.96.15 PUEBLO OF ISLETA INDIAN LANDS CLAIMS--H.R. 740
para.96.16 WAR CRIMES--H.R. 3680
para.96.17 MAURITANIAN SLAVERY--H. CON. RES. 142
para.96.18 MESSAGE FROM THE PRESIDENT
para.96.19 AFRICAN DEVELOPMENT FUND AUTHORIZATION--H.R. 3735
[[Page 3222]]
para.96.20 MICROENTERPRISE ASSISTANCE--H.R. 3846
para.96.21 AID SEVERANCE PAY--H.R. 3870
para.96.22 HONOR FILIPINO VETERANS--H. CON. RES. 191
para.96.23 KOSOVAN RIGHTS--H. CON. RES. 155
para.96.24 MESSAGE FROM THE PRESIDENT--HOUSING AND URBAN DEVELOPMENT
para.96.25 BILLS PRESENTED TO THE PRESIDENT
para.96.26 ADJOURNMENT
para.96.27 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.96.28 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.96.29 PRIVATE BILLS AND RESOLUTIONS
para.96.30 ADDITIONAL SPONSORS
TUESDAY, JULY 30, 1996 (97)
para.97.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.97.2 RECESS--9:01 A.M.
para.97.3 AFTER RECESS--10:00 A.M.
para.97.4 APPROVAL OF THE JOURNAL
para.97.5 COMMUNICATIONS
para.97.6 COMMITTEES AND SUBCOMMITTEES TO SIT
para.97.7 AGRICULTURE APPROPRIATIONS--H.R. 3603
para.97.8 ENERGY POLICY AND CONSERVATION--H.R. 3868
para.97.9 DEVELOPMENT DISABILITIES ASSISTANCE--H.R. 3867
para.97.10 DEVELOPMENT DISABILITIES ASSISTANCE--S. 1757
para.97.11 TRADE LAWS CORRECTIONS--H.R. 3815
para.97.12 ALASKA FISHING--H.R. 1786
para.97.13 NATIONAL GEOLOGIC MAPPING REAUTHORIZATION--H.R. 3198
para.97.14 CRAWFORD NATIONAL FISH HATCHERY--H.R. 3287
para.97.15 WALHALLA NATIONAL FISH HATCHERY--H.R. 3546
para.97.16 MARION NATIONAL FISH HATCHERY--H.R. 3557
para.97.17 2002 WINTER OLYMPIC GAMES--H.R. 3907
para.97.18 MESSAGE FROM THE SENATE
para.97.19 WATER RESOURCES DEVELOPMENT--H.R. 3592
para.97.20 WATER RESOURCES DEVELOPMENT--S. 640
para.97.21 OSCAR GARCIA RIVERA POST OFFICE--H.R. 885
para.97.22 AUGUSTA ``GUSTY'' HORNBLOWER POST OFFICE--H.R. 3768
para.97.23 ROSE Y. CARACAPPA POST OFFICE--H.R. 3139
para.97.24 ROGER P. MCAULIFFE POST OFFICE--H.R. 3834
para.97.25 AMOS F. LONGORIA POST OFFICE--H.R. 2700
para.97.26 VETERANS EMPLOYMENT OPPORTUNITIES--H.R. 3586
para.97.27 VETERANS' HEALTH CARE ELIGIBILITY--H.R. 3118
para.97.28 COMPENSATORY TIME--H.R. 2391
para.97.29 [ROLL NO. 370]--ON PASSAGE OF H.R. 2391
para.97.30 H.R. 3118--UNFINISHED BUSINESS
para.97.31 [ROLL NO. 371]--ON PASSAGE OF H.R. 3118
para.97.32 FOREIGN OPERATIONS APPROPRIATIONS--H.R. 3540
para.97.33 MOTION TO INSTRUCT CONFEREES--H.R. 3540
para.97.34 APPOINTMENT OF CONFEREES--H.R. 3540
para.97.35 DOD APPROPRIATIONS--H.R. 3610
para.97.36 PROVIDING FOR A CLOSED CONFERENCE--H.R. 3610
para.97.37 [ROLL NO. 372]--ON THE MOTION
para.97.38 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3603
para.97.39 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3517
para.97.40 FURTHER MESSAGE FROM THE SENATE
para.97.41 LEGISLATIVE APPROPRIATIONS--H.R. 3754
para.97.42 MOTION TO INSTRUCT CONFEREES--H.R. 3754
para.97.43 APPOINTMENT OF CONFEREES--H.R. 3754
para.97.44 SUBPOENA--MS. COLLINS OF MICHIGAN
para.97.45 WAIVING REQUIREMENT OF CLAUSE 4(B) WITH RESPECT TO CERTAIN
RESOLUTIONS--H. RES. 492
[[Page 3223]]
para.97.46 MESSAGE FROM THE PRESIDENT
para.97.47 CLERK TO CORRECT ENGROSSMENT--H.R. 3592
para.97.48 MESSAGE FROM THE PRESIDENT--VETO OF H.R. 743
para.97.49 RECESS--10:01 P.M.
para.97.50 AFTER RECESS--11:55 P.M.
para.97.51 SUBMISSION OF CONFERENCE REPORT--H.R. 3230
para.97.52 SUBMISSION OF CONFERENCE REPORT--H.R. 3734
para.97.53 LEAVE OF ABSENCE
para.97.54 ADJOURNMENT
para.97.55 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.97.56 COMMITTEE DISCHARGED
para.97.57 PUBLIC BILLS AND RESOLUTIONS
para.97.58 PRIVATE BILLS AND RESOLUTIONS
para.97.59 ADDITIONAL SPONSORS
para.97.60 DELETIONS
WEDNESDAY, JULY 31, 1996 (98)
para.98.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.98.2 APPROVAL OF THE JOURNAL
para.98.3 [ROLL NO. 373]
para.98.4 COMMUNICATIONS
para.98.5 MESSAGE FROM THE SENATE
para.98.6 USE OF AN EXHIBIT
para.98.7 [ROLL NO. 374]--MOTION TO RECONSIDER THE VOTE
para.98.8 [ROLL NO. 375]--ON THE MOTION TO LAY ON THE TABLE THE MOTION
TO RECONSIDER THE VOTE
para.98.9 MOTION TO ADJOURN
para.98.10 [ROLL NO. 376]--ON THE MOTION
para.98.11 FURTHER MESSAGE FROM THE SENATE
para.98.12 MOTION TO ADJOURN
para.98.13 [ROLL NO. 377]--ON THE MOTION
para.98.14 WAIVING REQUIREMENT OF CLAUSE 4(B)--CERTAIN RESOLUTION--H.
RES. 492
para.98.15 MOTION TO ADJOURN
para.98.16 [ROLL NO. 378]--ON THE MOTION
para.98.17 USE OF AN EXHIBIT
para.98.18 [ROLL NO. 379]--ON THE MOTION TO RECONSIDER THE VOTE
para.98.19 [ROLL NO. 380]--ON THE MOTION TO LAY ON THE TABLE THE MOTION
TO RECONSIDER THE VOTE
para.98.20 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3734--H. RES. 495
para.98.21 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3734--H. RES. 495
para.98.22 [ROLL NO. 381]--ON ORDERING THE PREVIOUS QUESTION
para.98.23 [ROLL NO. 382]--ON AGREEING TO H. RES. 495
para.98.24 BUDGET RECONCILIATION--CONFERENCE REPORT ON H.R. 3734
para.98.25 [ROLL NO. 383]--ON AGREEING TO THE CONFERENCE REPORT
para.98.26 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3603--H. RES. 496
para.98.27 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3517--H. RES. 497
para.98.28 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3230--H. RES. 498
para.98.29 PROVIDING FOR THE CONSIDERATION OF H.R. 2823--H. RES. 489
para.98.30 DOLPHIN CONSERVATION--H.R. 2823
para.98.31 RECORDED VOTE--AMENDMENT BY MR. STUDDS
para.98.32 [ROLL NO. 384]--ON THE AMENDMENT
para.98.33 [ROLL NO. 385]--ON PASSAGE OF H.R. 2823
para.98.34 UNFINISHED BUSINESS--VETO OF H.R. 743
para.98.35 PROVIDING FOR THE CONSIDERATION OF H.R. 123--H. RES. 499
para.98.36 SUBMISSION OF CONFERENCE REPORT--H.R. 3754
para.98.37 MANZANAR HISTORIC SITE--H.R. 3006
para.98.38 DISTRICT OF COLUMBIA FEDERAL REAL PROPERTY--H.R. 2636
para.98.39 WAIVING REQUIREMENT OF CLAUSE 4(B) OF RULE XI--CERTAIN
RESOLUTION--H. RES. 500
para.98.40 RECESS--11:02 P.M.
para.98.41 AFTER RECESS--11:43 P.M.
[[Page 3224]]
para.98.42 SUBMISSION OF CONFERENCE REPORT--H.R. 3103
para.98.43 ADJOURNMENT
para.98.44 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.98.45 PUBLIC BILLS AND RESOLUTIONS
para.98.46 MEMORIALS
para.98.47 PRIVATE BILLS AND RESOLUTIONS
para.98.48 ADDITIONAL SPONSORS
THURSDAY, AUGUST 1, 1996, (99)
para.99.1 APPROVAL OF THE JOURNAL
para.99.2 COMMUNICATIONS
para.99.3 MESSAGE FROM THE SENATE
para.99.4 SUBMISSION OF CONFERENCE REPORT--H.R. 3448
para.99.5 COMMITTEES AND SUBCOMMITTEES TO SIT
para.99.6 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT TO
ACCOMPANY H.R. 3754
para.99.7 LEGISLATIVE APPROPRIATIONS--H.R. 3754
para.99.8 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT TO
ACCOMPANY H.R. 3603
para.99.9 AGRICULTURE APPROPRIATIONS--H.R. 3603
para.99.10 H.R. 3754--UNFINISHED BUSINESS
para.99.11 [ROLL NO. 386]--ON AGREEING TO THE CONFERENCE REPORT
para.99.12 H.R. 3603--UNFINISHED BUSINESS
para.99.13 [ROLL NO. 387]--ON AGREEING TO THE CONFERENCE REPORT
para.99.14 PROVIDING FOR THE CONSIDERATION OF H.R. 123--H. RES. 499
para.99.15 [ROLL NO. 388]--ON AGREEING TO H. RES. 499
para.99.16 ORDER OF BUSINESS--AMENDMENT MODIFICATION--H.R. 123
para.99.17 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3103--H. RES. 502
para.99.18 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3448--H. RES. 503
para.99.19 ENGLISH AS OFFICIAL LANGUAGE--H.R. 123
para.99.20 RECORDED VOTE--AMENDMENT BY MR. SERRANO
para.99.21 [ROLL NO. 389]--ON THE AMENDMENT
para.99.22 [ROLL NO. 390]--ON THE MOTION TO RECOMMIT WITH INSTRUCTIONS
para.99.23 [ROLL NO. 391]--ON PASSAGE OF H.R. 123
para.99.24 FEDERAL EMPLOYEE REPRESENTATION IMPROVEMENT--SENATE
AMENDMENT--H.R. 782
para.99.25 J. PHIL CAMPBELL CONSERVATION CENTER--H.R. 3387
para.99.26 RELEASE OF REVERSIONARY INTEREST IN MICHIGAN PROPERTY--H.R.
2670
para.99.27 BOUNDARY ADJUSTMENT IN MISSOURI--H.R. 3464
para.99.28 WAIVING A REQUIREMENT OF CLAUSE 4(B) WITH RESPECT TO A
CERTAIN RESOLUTION--H. RES. 500
para.99.29 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3103--H. RES. 502
para.99.30 FURTHER MESSAGE FROM THE SENATE
para.99.31 SUBMISSION OF CONFERENCE REPORT--H.R. 3845
para.99.32 HEALTH CARE REFORM--H.R. 3103
para.99.33 [ROLL NO. 392]--ON THE MOTION TO RECOMMIT
para.99.34 [ROLL NO. 393]--ON AGREEING TO THE CONFERENCE REPORT
para.99.35 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORTS
ACCOMPANYING H.R. 3517 AND H.R. 3845
para.99.36 MILITARY CONSTRUCTION APPROPRIATIONS--CONFERENCE REPORT ON
H.R. 3517
para.99.37 D.C. APPROPRIATIONS--CONFERENCE REPORT ON H.R. 3845
para.99.38 UNFINISHED BUSINESS--MILITARY CONSTRUCTION APPROPRIATIONS--
CONFERENCE REPORT ON H.R. 3517
para.99.39 [ROLL NO. 394]--ON AGREEING TO THE CONFERENCE REPORT
para.99.40 UNFINISHED BUSINESS--D.C. APPROPRIATIONS--CONFERENCE REPORT
ON H.R. 3845
para.99.41 [ROLL NO. 395]--ON AGREEING TO THE CONFERENCE REPORT
para.99.42 ORDER OF BUSINESS--PRINTING
para.99.43 ORDER OF BUSINESS--SUSPENSION OF THE RULES
para.99.44 SUBMISSION OF CONFERENCE REPORT--S. 1316
para.99.45 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3230--H. RES. 498
para.99.46 DOD APPROPRIATIONS--CONFERENCE REPORT ON H.R. 3230
para.99.47 [ROLL NO. 396]--ON THE MOTION TO RECOMMIT
para.99.48 [ROLL NO. 397]--ON AGREEING TO THE CONFERENCE REPORT
para.99.49 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY S. 1316--H. RES. 507
[[Page 3225]]
para.99.50 U.S. HOUSE OF REPRESENTATIVES PAGE BOARD--APPOINTMENT
para.99.51 SUBPOENA--MR. TANNER
para.99.52 RECESS--11:35 P.M.
FRIDAY, AUGUST 2 (LEGISLATIVE DAY OF THURSDAY, AUGUST 1), 1996.
para.99.53 AFTER RECESS--12:49 A.M.
para.99.54 PROVIDING FOR THE CONSIDERATION OF A CERTAIN MOTION TO
SUSPEND THE RULES--H. RES. 508
para.99.55 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
para.99.56 SENATE ENROLLED BILLS AND JOINT RESOLUTION SIGNED
para.99.57 BILLS PRESENTED TO THE PRESIDENT
para.99.58 ADJOURNMENT
para.99.59 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.99.60 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.99.61 COMMITTEE DISCHARGED
para.99.62 PUBLIC BILLS AND RESOLUTIONS
para.99.63 PRIVATE BILLS AND RESOLUTIONS
para.99.64 ADDITIONAL SPONSORS
FRIDAY, AUGUST 2, 1996 (100)
para.100.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.100.2 APPROVAL OF THE JOURNAL
para.100.3 COMMUNICATIONS
para.100.4 MESSAGE FROM THE SENATE
para.100.5 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON
H.R. 3448--H. RES. 503
para.100.6 SMALL BUSINESS JOB PROTECTION--CONFERENCE REPORT ON H.R.
3448
para.100.7 [ROLL NO. 398]--ON AGREEING TO THE CONFERENCE REPORT
para.100.8 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT ON S.
1316--H. RES. 507
para.100.9 SAFE DRINKING WATER--CONFERENCE REPORT ON S. 1316
para.100.10 [ROLL NO. 399]--ON AGREEING TO THE CONFERENCE REPORT
para.100.11 PROVIDING FOR THE CONSIDERATION OF A CERTAIN MOTION TO
SUSPEND THE RULES--H. RES. 508
para.100.12 [ROLL NO. 400]--ON AGREEING TO H. RES. 508
para.100.13 ANTI-TERRORISM--H.R. 3853
para.100.14 [ROLL NO. 401]--ON PASSAGE OF H.R. 3853
para.100.15 CLERK TO CORRECT ENGROSSMENT--H.R. 3853
para.100.16 COMMITTEE ELECTION--MAJORITY--H. RES. 509
para.100.17 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.100.18 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
para.100.19 DESIGNATIONS OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.100.20 ENROLLMENT CORRECTION--H.R. 3103--H. CON. RES. 208
para.100.21 HOUSE ADMINISTRATIVE REFORMS--SENATE AMENDMENTS--H.R. 2739
para.100.22 CONGRESSIONAL ACCOUNTABILITY ACT--H. RES. 504
para.100.23 CONGRESSIONAL ACCOUNTABILITY ACT--H. CON. RES. 207
para.100.24 INAUGURAL COMMITTEE--S. CON. RES. 47
para.100.25 INAUGURAL CEREMONIES IN ROTUNDA--S. CON. RES. 48
para.100.26 RONALD H. BROWN FEDERAL BUILDING--H.R. 3560
para.100.27 SAM M. GIBBONS U.S. COURTHOUSE--H.R. 3710
para.100.28 ENROLLED BILL SIGNED
para.100.29 BILLS PRESENTED TO THE PRESIDENT
para.100.30 LEAVE OF ABSENCE
para.100.31 ADJOURNMENT
para.100.32 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.100.33 PUBLIC BILLS AND RESOLUTIONS
para.100.34 PRIVATE BILLS AND RESOLUTIONS
para.100.35 ADDITIONAL SPONSORS
WEDNESDAY, SEPTEMBER 4, 1996 (101)
para.101.1 APPROVAL OF THE JOURNAL
para.101.2 COMMUNICATIONS
[[Page 3226]]
para.101.3 MESSAGE FROM THE SENATE
para.101.4 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.101.5 ENROLLED BILLS SIGNED
para.101.6 SUBPOENA--CHIEF ADMINISTRATIVE OFFICER
para.101.7 SUBPOENA--MR. DEUTSCH
para.101.8 SUBPOENA--MR. COLLINS OF GEORGIA
para.101.9 SUBPOENA--MR. TIAHRT
para.101.10 TOLL FREE CONSUMER HOTLINE--H.R. 447
para.101.11 FTC REAUTHORIZATION--H.R. 3553
para.101.12 PROPANE EDUCATION AND RESEARCH--H.R. 1514
para.101.13 MEDICAID ENROLLMENT COMPOSITION WAIVER--H.R. 3871
para.101.14 IMPACT AID TECHNICAL AMENDMENTS--SENATE AMENDMENT--H.R.
3269
para.101.15 GAO MANAGEMENT REFORM--H.R. 3864
para.101.16 UKRAINE INDEPENDENCE--H. CON. RES. 120
para.101.17 VOICE OF AMERICA RECORDINGS--H.R. 3916
para.101.18 RECLAMATION RECYCLING AND WATER CONSERVATION--H.R. 3660
para.101.19 FORT PECK RURAL COUNTY WATER SUPPLY SYSTEM--S. 1467
para.101.20 KENAI NATIVES ASSOCIATION EQUITY--H.R. 401
para.101.21 LAKE TAHOE BASIN NATIONAL FOREST--H.R. 2122
para.101.22 NEVADA BOUNDARY CORRECTION--H.R. 2135
para.101.23 HANFORD REACH PRESERVATION--H.R. 2292
para.101.24 GUNNISON COUNTY LAND CONVEYANCE--H.R. 2438
para.101.25 WENATACHEE NATIONAL FOREST LAND EXCHANGE--H.R. 2518
para.101.26 DEL NORTE COUNTY LAND CONVEYANCE--H.R. 2709
para.101.27 ELKHORN TIMBER SUBSTITUTION--H.R. 2711
para.101.28 CALIFORNIA BUREAU OF LAND MANAGEMENT TRANSFER--H.R. 3147
para.101.29 INDIAN HEALTH CARE DEMONSTRATION PROGRAM--H.R. 3378
para.101.30 APACHE NATIONAL FOREST LAND CONVEYANCE--H.R. 3547
para.101.31 FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT CORRECTIONS--
H.R. 4018
para.101.32 HISTORICALLY BLACK COLLEGES AND UNIVERSITIES--H.R. 1179
para.101.33 NATIONAL MARINE SANCTUARIES PRESERVATION--H.R. 3487
para.101.34 FISH AND WILDLIFE FACILITY CONVEYANCE--H.R. 3579
para.101.35 RECESS--3:29 P.M.
para.101.36 AFTER RECESS--5:00 P.M.
para.101.37 50 STATES COMMEMORATIVE COIN PROGRAM--H.R. 3793
para.101.38 H.R. 447--UNFINISHED BUSINESS
para.101.39 [ROLL NO. 402]--ON PASSAGE OF H.R. 447
para.101.40 H. CON. RES. 120--UNFINISHED BUSINESS
para.101.41 [ROLL NO. 403]--ON AGREEING TO H. CON. RES. 120
para.101.42 PROVIDING FOR THE CONSIDERATION OF H.R. 3719--H. RES. 516
para.101.43 PROVIDING FOR THE CONSIDERATION OF H.R. 3308--H. RES. 517
para.101.44 SENATE BILLS AND CONCURRENT RESOLUTION REFERRED
para.101.45 ENROLLED BILLS SIGNED
para.101.46 SENATE ENROLLED BILL SIGNED
para.101.47 BILLS PRESENTED TO THE PRESIDENT
para.101.48 LEAVE OF ABSENCE
para.101.49 ADJOURNMENT
para.101.50 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.101.51 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.101.52 COMMITTEE DISCHARGED
para.101.53 PUBLIC BILLS AND RESOLUTIONS
para.101.54 PRIVATE BILLS AND RESOLUTIONS
para.101.55 ADDITIONAL SPONSORS
THURSDAY, SEPTEMBER 5, 1996 (102)
para.102.1 APPROVAL OF THE JOURNAL
para.102.2 COMMUNICATIONS
para.102.3 MESSAGE FROM THE SENATE
[[Page 3227]]
para.102.4 COMMITTEES AND SUBCOMMITTEES TO SIT
para.102.5 COMMITTEE RESIGNATION--MAJORITY
para.102.6 WATER RIGHTS TASK FORCE--APPOINTMENT
para.102.7 TRANSPORTATION APPROPRIATIONS--H.R. 3675
para.102.8 MOTION TO INSTRUCT CONFEREES--H.R. 3675
para.102.9 APPOINTMENT OF CONFEREES--H.R. 3675
para.102.10 ENERGY AND WATER APPROPRIATIONS--SENATE AMENDMENT--H.R.
3816
para.102.11 MOTION TO INSTRUCT CONFEREES--H.R. 3816
para.102.12 APPOINTMENT OF CONFEREES--H.R. 3816
para.102.13 PROVIDING FOR THE CONSIDERATION OF H.R. 3308--H. RES. 517
para.102.14 U.S. ARMED FORCES PROTECTION ACT--H.R. 3308
para.102.15 RECORDED VOTE--AMENDMENT BY MR. BARTLETT OF MARYLAND
para.102.16 [ROLL NO. 404]--ON THE AMENDMENT
para.102.17 [ROLL NO. 405]--ON PASSAGE OF H.R. 3308
para.102.18 FURTHER MESSAGE FROM THE SENATE
para.102.19 PROVIDING FOR THE CONSIDERATION OF H.R. 3719--H. RES. 516
para.102.20 MESSAGE FROM THE PRESIDENT
para.102.21 SMALL BUSINESS PROGRAMS--H.R. 3719
para.102.22 [ROLL NO. 406]--ON PASSAGE OF H.R. 3719
para.102.23 FOOD DONATIONS--SENATE AMENDMENTS--H.R. 2428
para.102.24 ADJOURNMENT OVER
para.102.25 HOUR OF MEETING
para.102.26 HOUR OF MEETING
para.102.27 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.102.28 ORDER OF BUSINESS--RECESS
para.102.29 MESSAGE FROM THE PRESIDENT--EMIGRATION LAWS AND POLICIES OF
MONGOLIA
para.102.30 ENROLLED BILLS SIGNED
para.102.31 LEAVE OF ABSENCE
para.102.32 ADJOURNMENT
para.102.33 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.102.34 PUBLIC BILLS AND RESOLUTIONS
para.102.35 ADDITIONAL SPONSORS
MONDAY, SEPTEMBER 9, 1996 (103)
para.103.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.103.2 APPROVAL OF THE JOURNAL
para.103.3 COMMUNICATIONS
para.103.4 MESSAGE FROM THE SENATE
para.103.5 SENATE BILLS AND CONCURRENT RESOLUTION REFERRED
para.103.6 BILLS PRESENTED TO THE PRESIDENT
para.103.7 ADJOURNMENT
para.103.8 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.103.9 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.103.10 COMMITTEE DISCHARGED
para.103.11 PUBLIC BILLS AND RESOLUTIONS
para.103.12 MEMORIALS
para.103.13 ADDITIONAL SPONSORS
TUESDAY, SEPTEMBER 10, 1996 (104)
para.104.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.104.2 MESSAGE FROM THE SENATE
para.104.3 ``MORNING HOUR'' DEBATES
para.104.4 RECESS--12:41 P.M.
para.104.5 AFTER RECESS--2:00 P.M.
para.104.6 APPROVAL OF THE JOURNAL
para.104.7 COMMUNICATIONS
para.104.8 COMMITTEE ON INAUGURAL CEREMONIES--APPOINTMENTS
para.104.9 CORRECTIONS CALENDAR
[[Page 3228]]
para.104.10 COUNTY HEALTH ORGANIZATION--H.R. 3056
para.104.11 CAMPUS SECURITY--H. RES. 470
para.104.12 STUDENT DEBT REDUCTION--H.R. 3863
para.104.13 FEDERAL AVIATION AUTHORIZATION--H.R. 3539
para.104.14 ANTARCTIC ENVIRONMENTAL PROTECTION--SENATE AMENDMENT--H.R.
3060
para.104.15 ENROLLMENT CORRECTION--H.R. 3060--H. CON. RES. 211
para.104.16 CALIFORNIA INDIAN LAND TRANSFER--H.R. 3642
para.104.17 DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT--H.R. 3640
para.104.18 HOOPA VALLEY RESERVATION SOUTH BOUNDARY CORRECTION--H.R.
2710
para.104.19 CROW CREEK SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST
FUND--H.R. 2512
para.104.20 DROUGHT RELIEF--H.R. 3910
para.104.21 OVERSEAS PRIVATE INVESTMENT CORPORATION--H.R. 3759
para.104.22 SENATE BILL REFERRED
para.104.23 ADJOURNMENT
para.104.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.104.25 PUBLIC BILLS AND RESOLUTIONS
para.104.26 ADDITIONAL SPONSORS
WEDNESDAY, SEPTEMBER 11, 1996 (105)
para.105.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.105.2 APPROVAL OF THE JOURNAL
para.105.3 COMMUNICATIONS
para.105.4 RECESS--9:02 A.M.
para.105.5 AFTER RECESS--12:00 NOON
para.105.6 PROCEEDINGS DURING RECESS
para.105.7 MESSAGE FROM THE SENATE
para.105.8 VA-HUD APPROPRIATIONS--SENATE AMENDMENTS--H.R. 3666
para.105.9 MOTION TO INSTRUCT CONFEREES--H.R. 3666
para.105.10 [ROLL NO. 407]--ON THE MOTION TO INSTRUCT CONFEREES
para.105.11 APPOINTMENT OF CONFEREES--H.R. 3666
para.105.12 IMMIGRATION REFORM--SENATE AMENDMENT--H.R. 2202
para.105.13 MOTION TO INSTRUCT CONFEREES--H.R. 2202
para.105.14 [ROLL NO. 408]--ON THE MOTION TO INSTRUCT CONFEREES
para.105.15 APPOINTMENT OF CONFEREES--H.R. 2202
para.105.16 H. RES. 470--UNFINISHED BUSINESS
para.105.17 [ROLL NO. 409]--ON AGREEING TO H. RES. 470
para.105.18 H.R. 3863--UNFINISHED BUSINESS
para.105.19 [ROLL NO. 410]--ON PASSAGE OF H.R. 3863
para.105.20 H.R. 3539--UNFINISHED BUSINESS
para.105.21 [ROLL NO. 411]--ON PASSAGE OF H.R. 3539
para.105.22 H.R. 3759--UNFINISHED BUSINESS
para.105.23 [ROLL NO. 412]--ON PASSAGE OF H.R. 3759
para.105.24 PERMISSION TO FILE CONFERENCE REPORT--H.R. 3816
para.105.25 G.V. (SONNY) MONTGOMERY DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER--S. 1669
para.105.26 SENATE BILL REFERRED
para.105.27 ENROLLED BILLS SIGNED
para.105.28 LEAVE OF ABSENCE
para.105.29 ADJOURNMENT
para.105.30 PUBLIC BILLS AND RESOLUTIONS
para.105.31 MEMORIALS
para.105.32 ADDITIONAL SPONSORS
THURSDAY, SEPTEMBER 12, 1996 (106)
para.106.1 APPROVAL OF THE JOURNAL
para.106.2 COMMUNICATIONS
para.106.3 POINT OF ORDER
para.106.4 POINT OF ORDER
para.106.5 POINT OF ORDER
[[Page 3229]]
para.106.6 POINT OF ORDER
para.106.7 POINT OF ORDER
para.106.8 POINT OF ORDER
para.106.9 POINT OF ORDER
para.106.10 POINT OF ORDER
para.106.11 POINT OF ORDER
para.106.12 POINT OF ORDER
para.106.13 SUBMISSION OF CONFERENCE REPORT--H.R. 3816
para.106.14 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT--H.R.
3816
para.106.15 ENERGY AND WATER APPROPRIATIONS--CONFERENCE REPORT ON H.R.
3816
para.106.16 [ROLL NO. 413]--ON AGREEING TO THE CONFERENCE REPORT
para.106.17 MFN TREATMENT FOR CAMBODIA--SENATE AMENDMENT--H.R. 1642
para.106.18 ADJOURNMENT OVER
para.106.19 HOUR OF MEETING
para.106.20 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.106.21 BILL PRESENTED TO THE PRESIDENT
para.106.22 LEAVE OF ABSENCE
para.106.23 ADJOURNMENT
para.106.24 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.106.25 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.106.26 PUBLIC BILLS AND RESOLUTIONS
para.106.27 PRIVATE BILLS AND RESOLUTIONS
para.106.28 ADDITIONAL SPONSORS
MONDAY, SEPTEMBER 16, 1996 (107)
para.107.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.107.2 APPROVAL OF THE JOURNAL
para.107.3 COMMUNICATIONS
para.107.4 MESSAGES FROM THE PRESIDENT
para.107.5 MESSAGE FROM THE SENATE
para.107.6 SUBMISSION OF CONFERENCE REPORT--H.R. 3675
para.107.7 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.107.8 NATIONAL EMERGENCY WITH RESPECT TO IRAN
para.107.9 ENROLLED BILLS SIGNED
para.107.10 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO ``UNITA''
para.107.11 PERMISSION TO FILE REPORTS--H.R. 3723, S. 1507, AND H.R.
3676
para.107.12 SENATE BILL REFERRED
para.107.13 BILLS PRESENTED TO THE PRESIDENT
para.107.14 ADJOURNMENT
para.107.15 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.107.16 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.107.17 COMMITTEE DISCHARGED
para.107.18 PUBLIC BILLS AND RESOLUTIONS
para.107.19 ADDITIONAL SPONSORS
TUESDAY, SEPTEMBER 17, 1996 (108)
para.108.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.108.2 RECESS--1:23 P.M.
para.108.3 AFTER RECESS--2:00 P.M.
para.108.4 APPROVAL OF THE JOURNAL
para.108.5 COMMUNICATIONS
para.108.6 MESSAGE FROM THE SENATE
para.108.7 PRIVATE CALENDAR--H.R. 1886
para.108.8 POINT OF ORDER
para.108.9 POINT OF ORDER
para.108.10 NORTH PLATTE NATIONAL WILDLIFE REFUGE--SENATE AMENDMENTS--
H.R. 2679
para.108.11 NATIONAL PARK SERVICE ADMINISTRATIVE REFORM--H.R. 2941
para.108.12 ELECTRONIC FREEDOM OF INFORMATION--H.R. 3802
[[Page 3230]]
para.108.13 HONORARY U.S. CITIZENSHIP TO MOTHER THERESA--H.J. RES. 191
para.108.14 FEDERAL COURTS IMPROVEMENTS--H.R. 3968
para.108.15 RULES GOVERNING REMOVAL OF CASES TO FEDERAL COURT--S. 533
para.108.16 VENUE PROVISION--S. 677
para.108.17 ECONOMIC ESPIONAGE--H.R. 3723
para.108.18 PAROLE COMMISSION PHASEOUT--S. 1507
para.108.19 CARJACKING CORRECTION--H.R. 3676
para.108.20 SCHOOL OF GOVERNMENT AND PUBLIC SERVICE--3803
para.108.21 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3675--H. RES. 522
para.108.22 SPACE COMMERCIALIZATION PROMOTION--H.R. 3936
para.108.23 SOCIAL SECURITY CLARIFYING AMENDMENTS--H.R. 4039
para.108.24 JAMES MADISON COMMEMORATIVE COIN--H.R. 1684
para.108.25 GEORGE WASHINGTON COMMEMORATIVE COIN--H.R. 2026
para.108.26 BLACK REVOLUTIONARY WAR PATRIOTS COMMEMORATIVE COIN--H.R.
1776
para.108.27 H.R. 3802--UNFINISHED BUSINESS
para.108.28 [ROLL NO. 414]--ON PASSAGE OF H.R. 3802
para.108.29 H.J. RES. 191--UNFINISHED BUSINESS
para.108.30 [ROLL NO. 415]--ON PASSAGE OF H.J. RES. 191
para.108.31 S. 533--UNFINISHED BUSINESS
para.108.32 H.R. 3723--UNFINISHED BUSINESS
para.108.33 [ROLL NO. 416]--ON PASSAGE OF H.R. 3723
para.108.34 H.R. 3803--UNFINISHED BUSINESS
para.108.35 [ROLL NO. 417]--ON PASSAGE OF H.R. 3803
para.108.36 ORDER OF BUSINESS--SUSPENSION OF THE RULES
para.108.37 COMMITTEE ELECTION--MINORITY--H. RES. 523
para.108.38 LEAVE OF ABSENCE
para.108.39 FURTHER MESSAGE FROM THE SENATE
para.108.40 ADJOURNMENT
para.108.41 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.108.42 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.108.43 COMMITTEE DISCHARGED
para.108.44 PUBLIC BILLS AND RESOLUTIONS
para.108.45 ADDITIONAL SPONSORS
WEDNESDAY, SEPTEMBER 18, 1996 (109)
para.109.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.109.2 APPROVAL OF THE JOURNAL
para.109.3 COMMUNICATIONS
para.109.4 POINT OF ORDER
para.109.5 POINT OF ORDER
para.109.6 POINT OF ORDER
para.109.7 INTELLIGENCE APPROPRIATIONS--SENATE AMENDMENT--H.R. 3259
para.109.8 WATER RESOURCES DEVELOPMENT--S. 640
para.109.9 RAILROAD UNEMPLOYMENT INSURANCE--H.R. 2594
para.109.10 AVIATION DISASTER ASSISTANCE--H.R. 3923
para.109.11 DEEPWATER PORT MODERNIZATION--H.R. 2940
para.109.12 SNOW REMOVAL POLICY--H.R. 3348
para.109.13 INTERMODAL SAFE CONTAINER--H.R. 4040
para.109.14 AIR AND SPACE MUSEUM ANNEX--S. 1995
para.109.15 MARK O. HATFIELD U.S. COURTHOUSE--S. 1636
para.109.16 H.R. 3923--UNFINISHED BUSINESS
para.109.17 [ROLL NO. 418]--ON PASSAGE OF H.R. 3923
para.109.18 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3675--H. RES. 522
para.109.19 TRANSPORTATION APPROPRIATIONS--CONFERENCE REPORT ON H.R.
3675
para.109.20 [ROLL NO. 419]--ON AGREEING TO THE CONFERENCE REPORT
para.109.21 MESSAGE FROM THE SENATE
para.109.22 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
para.109.23 SUBPOENA--MR. BLILEY
[[Page 3231]]
para.109.24 SUBPOENA--MR. BLILEY
para.109.25 SUBPOENA--MR. BLILEY
para.109.26 SUBPOENA--MR. DINGELL
para.109.27 SENATE BILL AND CONCURRENT RESOLUTION REFERRED
para.109.28 LEAVE OF ABSENCE
para.109.29 ADJOURNMENT
para.109.30 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.109.31 PUBLIC BILLS AND RESOLUTIONS
para.109.32 ADDITIONAL SPONSORS
THURSDAY, SEPTEMBER 19, 1996 (110)
para.110.1 APPROVAL OF THE JOURNAL
para.110.2 COMMUNICATIONS
para.110.3 MESSAGE FROM THE SENATE
para.110.4 POINT OF ORDER
para.110.5 POINT OF ORDER
para.110.6 POINT OF ORDER
para.110.7 POINT OF ORDER
para.110.8 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
para.110.9 ADMINISTRATIVE DISPUTE RESOLUTION--H.R. 2977
para.110.10 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.110.11 [ROLL NO. 420]--ON APPROVAL OF THE JOURNAL
para.110.12 MESSAGE FROM THE PRESIDENT
para.110.13 PARTIAL BIRTH ABORTION BAN--H.R. 1933
para.110.14 [ROLL NO. 421]--ON THE MOTION TO DISCHARGE THE COMMITTEE ON
THE JUDICIARY
para.110.15 UNFINISHED BUSINESS--VETO OF H.R. 1833
para.110.16 [ROLL NO. 422]--VETO OVERRULED--H.R. 1833
para.110.17 PRIVILEGES OF THE HOUSE--H. RES. 524
para.110.18 [ROLL NO. 423]--ON THE MOTION TO LAY THE RESOLUTION ON THE
TABLE
para.110.19 WAIVING REQUIREMENTS OF CLAUSE 4(B), RULE XI--H. RES. 525
para.110.20 PRIVILEGES OF THE HOUSE--H. RES. 526
para.110.21 [ROLL NO. 424]--ON THE MOTION TO LAY THE RESOLUTION ON THE
TABLE
para.110.22 ADJOURNMENT OVER
para.110.23 HOUR OF MEETING
para.110.24 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.110.25 MESSAGE FROM THE PRESIDENT--NATIONAL EMERGENCY WITH RESPECT
TO ANGOLA
para.110.26 POINT OF ORDER
para.110.27 POINT OF ORDER
para.110.28 POINT OF ORDER
para.110.29 POINT OF ORDER
para.110.30 POINT OF ORDER
para.110.31 SENATE BILL REFERRED
para.110.32 ENROLLED BILLS SIGNED
para.110.33 SENATE ENROLLED BILLS SIGNED
para.110.34 BILL PRESENTED TO THE PRESIDENT
para.110.35 LEAVE OF ABSENCE
para.110.36 ADJOURNMENT
para.110.37 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.110.38 PUBLIC BILLS AND RESOLUTIONS
para.110.39 PRIVATE BILLS AND RESOLUTIONS
para.110.40 ADDITIONAL SPONSORS
THURSDAY, SEPTEMBER 20, 1996 (111)
para.111.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.111.2 APPROVAL OF THE JOURNAL
para.111.3 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION OF
PRIVILEGES
para.111.4 MESSAGE FROM THE SENATE
para.111.5 SUBMISSION OF CONFERENCE REPORT--H.R. 3666
[[Page 3232]]
para.111.6 ENROLLED BILLS SIGNED
para.111.7 SENATE ENROLLED BILLS SIGNED
para.111.8 ADJOURNMENT
para.111.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.111.10 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.111.11 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
para.111.12 PUBLIC BILLS AND RESOLUTIONS
para.111.13 REPORTS OF COMMITTEE ON PRIVATE BILLS AND RESOLUTIONS
para.111.14 ADDITIONAL SPONSORS
MONDAY, SEPTEMBER 23, 1996 (112)
para.112.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.112.2 APPROVAL OF THE JOURNAL
para.112.3 COMMUNICATIONS
para.112.4 ENROLLED BILLS SIGNED
para.112.5 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.112.6 TELECOMMUNICATIONS SERVICES TO CUBA
para.112.7 BILLS PRESENTED TO THE PRESIDENT
para.112.8 ADJOURNMENT
para.112.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.112.10 PUBLIC BILLS AND RESOLUTIONS
para.112.11 ADDITIONAL SPONSORS
TUESDAY, SEPTEMBER 24, 1996 (113)
para.113.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.113.2 MESSAGE FROM THE SENATE
para.113.3 ``MORNING HOUR'' DEBATES
para.113.4 RECESS--10:44 A.M.
para.113.5 AFTER RECESS--12:00 NOON
para.113.6 APPROVAL OF THE JOURNAL
para.113.7 COMMUNICATIONS
para.113.8 POINT OF ORDER
para.113.9 POINT OF ORDER
para.113.10 POINT OF ORDER
para.113.11 POINT OF ORDER
para.113.12 POINT OF ORDER
para.113.13 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
para.113.14 CORRECTIONS CALENDAR
para.113.15 SMALL BUSINESS TRANSPORT CORRECTION ACT--H.R. 3153
para.113.16 TRAFFIC SIGNAL SYNCHRONIZATION PROJECTIONS--H.R. 2988
para.113.17 PRIVATIZATION ACT OF 1995--H.R. 1720
para.113.18 WATER DESALINIZATION DEVELOPMENT--S. 811
para.113.19 DAVID H. PRYOR U.S. POST OFFICE--H.R. 3877
para.113.20 PRESIDENTIAL AND EXECUTIVE OFFICE ACCOUNTABILITY--H.R. 3452
para.113.21 WAR CRIMES DISCLOSURE--H.R. 1281
para.113.22 EMERGENCY MANAGEMENT ASSISTANCE COMPACT--H.J. RES. 193
para.113.23 WMAT REGULATION COMPACT--H.J. RES. 194
para.113.24 BOMBING IN SAUDI ARABIA--H. CON. RES. 200
para.113.25 ORDER OF BUSINESS--CONSIDERATION OF THE CONFERENCE REPORT
ON H.R. 3666
para.113.26 ANIMAL DRUG AVAILABILITY--H.R. 2508
para.113.27 SUBMISSION OF CONFERENCE REPORT--H.R. 2202
para.113.28 MEDICAID CERTIFICATION--H.R. 1791
para.113.29 ENERGY POLICY AND CONSERVATION EXTENSION--H.R. 4083
para.113.30 EXTRADITION OF MARTIN PANG FROM BRAZIL--H. CON. RES. 132
para.113.31 TAIWAN AND COMMUNITY OF NATIONS--H. CON. RES. 212
para.113.32 WORLDWIDE PERSECUTION OF CHRISTIANS--H. RES. 515
para.113.33 NATIONAL INVASIVE SPECIES ACT--H.R. 3217
para.113.34 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 2202--H. RES. 528
[[Page 3233]]
para.113.35 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3259--H. RES. 529
para.113.36 WAIVING REQUIREMENT OF CLAUSE 4(B) OF RULE XI FOR
CONSIDERATION OF CERTAIN RESOLUTIONS--H. RES. 525
para.113.37 POINT OF ORDER
para.113.38 POINT OF ORDER
para.113.39 POINT OF ORDER
para.113.40 POINT OF ORDER
para.113.41 [ROLL NO. 425]--ON AGREEING TO H. RES. 525
para.113.42 SUBMISSION OF CONFERENCE REPORT--H.R. 3259
para.113.43 FAA REAUTHORIZATION--SENATE AMENDMENT--H.R. 3539
para.113.44 VA-HUD APPROPRIATIONS--CONFERENCE REPORT ON H.R. 3666
para.113.45 [ROLL NO. 426]--ON AGREEING TO THE CONFERENCE REPORT
para.113.46 PROVIDING FOR THE CONSIDERATION OF H.R. 4134--H. RES. 530
para.113.47 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.113.48 H.R. 3452--UNFINISHED BUSINESS
para.113.49 [ROLL NO. 427]--ON PASSAGE OF H.R. 3452
para.113.50 APPOINTMENT OF ADDITIONAL CONFEREES--H.R. 3539
para.113.51 PRIVILEGES OF THE HOUSE--H. RES. 531
para.113.52 [ROLL NO. 428]--ON THE MOTION TO LAY THE RESOLUTION ON THE
TABLE
para.113.53 PRIVILEGES OF THE HOUSE--H. RES. 532
para.113.54 [ROLL NO. 429]--ON THE MOTION TO LAY THE RESOLUTION ON THE
TABLE
para.113.55 SUSPENSION OF THE RULES
para.113.56 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
para.113.57 SUBMISSION OF CONFERENCE REPORT--H.R. 1296
para.113.58 SENATE BILL REFERRED
para.113.59 BILLS PRESENTED TO THE PRESIDENT
para.113.60 LEAVE OF ABSENCE
para.113.61 ADJOURNMENT
para.113.62 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.113.63 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.113.64 COMMITTEE DISCHARGED
para.113.65 PUBLIC BILLS AND RESOLUTIONS
para.113.66 PRIVATE BILLS AND RESOLUTIONS
para.113.67 ADDITIONAL SPONSORS
WEDNESDAY, SEPTEMBER 25, 1996 (114)
para.114.1 APPROVAL OF THE JOURNAL
para.114.2 COMMUNICATIONS
para.114.3 MESSAGE FROM THE SENATE
para.114.4 POINT OF ORDER
para.114.5 POINT OF ORDER
para.114.6 POINT OF ORDER
para.114.7 POINT OF ORDER
para.114.8 POINT OF ORDER
para.114.9 POINT OF ORDER
para.114.10 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3259--H. RES. 529
para.114.11 INTELLIGENCE AUTHORIZATION--CONFERENCE REPORT ON H.R. 3259
para.114.12 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 2202--H. RES. 528
para.114.13 [ROLL NO. 430]--ON AGREEING TO H. RES. 528
para.114.14 IMMIGRATION AND NATIONALITY--CONFERENCE REPORT ON H.R. 2202
para.114.15 [ROLL NO. 431]--ON THE MOTION TO RECOMMIT
para.114.16 [ROLL NO. 432]--ON AGREEING TO THE CONFERENCE REPORT
para.114.17 PROVIDING FOR THE CONSIDERATION OF H.R. 4134--H. RES. 530
para.114.18 ILLEGAL ALIENS IN PUBLIC SCHOOLS--H.R. 4134
para.114.19 [ROLL NO. 433]--ON PASSAGE OF H.R. 4134
para.114.20 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
para.114.21 SUSPENSION OF THE RULES
para.114.22 METHAMPHETAMINE MANUFACTURE PREVENTION--H.R. 3852
[[Page 3234]]
para.114.23 SUBMISSION OF CONFERENCE REPORT--H.R. 2977
para.114.24 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 1296--H. RES. 536
para.114.25 DRUG-FACILITATED VIOLENCE--H.R. 4137
para.114.26 HUMAN RIGHTS RESTORATION--H.R. 4036
para.114.27 CONSUMER FRAUD PREVENTION--H.R. 1499
para.114.28 SEXUAL PREDATOR TRACKING--H.R. 3456
para.114.29 PRIVATE SECURITY OFFICER EMPLOYMENT--H.R. 2092
para.114.30 GOVERNMENT ACCOUNTABILITY--H. RES. 535
para.114.31 CHILD ABUSE PREVENTION REAUTHORIZATION--S. 919
para.114.32 NOTICE REQUIREMENT--CONSIDERATION OF RESOLUTION--QUESTION
OF PRIVILEGES
para.114.33 JOURNEYMEN BOXERS SAFETY--H.R. 4167
para.114.34 SUBMISSION OF CONFERENCE REPORT--S. 640
para.114.35 SOLID WASTE DISPOSAL AMENDMENT--H.R. 3391
para.114.36 FEDERAL EMPLOYEES EMERGENCY LEAVE TRANSFER--S. 868
para.114.37 CLARION WILD RIVER--H.R. 3568
para.114.38 WEKIVA RIVER STUDY--H.R. 3155
para.114.39 SNOQUALMIE NATIONAL FOREST BOUNDARY--H.R. 3497
para.114.40 INDIAN ENVIRONMENTAL ASSISTANCE--S. 1834
para.114.41 SUSPENSION OF THE RULES
para.114.42 SENATE BILL REFERRED
para.114.43 ENROLLED BILL SIGNED
para.114.44 SENATE ENROLLED BILL SIGNED
para.114.45 BILL PRESENTED TO THE PRESIDENT
para.114.46 ADJOURNMENT
para.114.47 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.114.48 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.114.49 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
para.114.50 COMMITTEE DISCHARGED
para.114.51 PUBLIC BILLS AND RESOLUTIONS
para.114.52 PRIVATE BILLS AND RESOLUTIONS
para.114.53 ADDITIONAL SPONSORS
para.114.54 DELETIONS
WEDNESDAY, SEPTEMBER 26, 1996 (115)
para.115.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.115.2 APPROVAL OF THE JOURNAL
para.115.3 MESSAGE FROM THE SENATE
para.115.4 COMMUNICATIONS
para.115.5 POINT OF ORDER
para.115.6 POINT OF ORDER
para.115.7 COLD WAR--H. CON. RES. 180
para.115.8 RUSSIAN FORCES IN MOLDOVA--H. CON. RES. 145
para.115.9 U.S. MEMBERSHIP IN SOUTH PACIFIC--H. CON. RES. 189
para.115.10 H.R.3852--UNFINISHED BUSINESS
para.115.11 [ROLL NO. 434]--ON PASSAGE OF H.R. 3852
para.115.12 H.R. 4137--UNFINISHED BUSINESS
para.115.13 [ROLL NO. 435]--ON PASSAGE OF H.R. 4137
para.115.14 H.R. 3456--UNFINISHED BUSINESS
para.115.15 [ROLL NO. 436]--ON PASSAGE OF H.R. 3456
para.115.16 H.R. 2092--UNFINISHED BUSINESS
para.115.17 [ROLL NO. 437]--ON PASSAGE OF H.R. 2096
para.115.18 H. RES. 535--UNFINISHED BUSINESS
para.115.19 [ROLL NO. 438]--ON AGREEING TO H. RES. 535
para.115.20 H.R. 3497--UNFINISHED BUSINESS
para.115.21 [ROLL NO. 439]--ON PASSAGE OF H.R. 3497
para.115.22 FEDERAL LAW ENFORCEMENT OFFICIALS DEPENDENTS ASSISTANCE--S.
2101
para.115.23 SEXUAL PREDATORS TRACKING--S. 1675
para.115.24 RUSSIAN TROOPS REMOVAL FROM KALININGRAD--H. CON. RES. 51
[[Page 3235]]
para.115.25 TOURISM BOARD--H.R. 2579
para.115.26 TENSAS WILDLIFE REFUGE--SENATE AMENDMENTS--H.R. 2660
para.115.27 WYOMING FISH CONVEYANCE--S. 1802
para.115.28 PRAIRIE ISLAND INDIAN COMMUNITY--SENATE AMENDMENT--H.R.
3068
para.115.29 AGUA CALIENTE--H.R. 3804
para.115.30 ALASKA NATIVES--H.R. 3973
para.115.31 HELIUM RECOVERY AND DISPOSAL--H.R. 4168
para.115.32 AMERICAN LAND SOVEREIGNTY PROTECTION--H.R. 3752
para.115.33 ALASKA NATIVE CLAIM SETTLEMENT ACT AMENDMENTS--H.R. 2505
para.115.34 CONGRESSIONAL PENSION FORFEITURE--H.R. 4011
para.115.35 POINT OF ORDER
para.115.36 POINT OF ORDER
para.115.37 POINT OF ORDER
para.115.38 SUBMISSION OF CONFERENCE REPORT--H.R. 3539
para.115.39 NATIONAL MUSEUM OF AMERICAN INDIANS--S. 1970
para.115.40 INTERNET ELECTION INFORMATION--H.R. 3700
para.115.41 WATER RESOURCES DEVELOPMENT--S. 640
para.115.42 NATIONAL TRANSPORTATION SAFETY BOARD AUTHORIZATION--H.R.
3159
para.115.43 CORRECT ENROLLMENT--H.R. 3159
para.115.44 W. EDWARDS DEMING FEDERAL BUILDING--H.R. 3535
para.115.45 ROBERT KURTZ RODIBAUGH UNITED STATES COURTHOUSE--H.R. 3576
para.115.46 HYDROGEN FUTURES--H.R. 4138
para.115.47 WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT TO
ACCOMPANY H.R. 3539--H. RES. 540
para.115.48 CIVIL SERVICE REFORM--H.R. 3841
para.115.49 END OF SLAVERY RECOGNITION--H.J. RES. 195
para.115.50 H. CON. RES. 145--UNFINISHED BUSINESS
para.115.51 [ROLL NO. 440]--ON AGREEING TO H. CON. RES. 145
para.115.52 H. CON RES. 189--UNFINISHED BUSINESS
para.115.53 [ROLL NO. 441]--ON AGREEING TO H. CON. RES. 189
para.115.54 H.R. 3752--UNFINISHED BUSINESS
para.115.55 [ROLL NO. 442]--ON PASSAGE OF H.R. 3752
para.115.56 H.R. 4011--UNFINISHED BUSINESS
para.115.57 [ROLL NO. 443]--ON PASSAGE OF H.R. 4011
para.115.58 H.R. 3841--UNFINISHED BUSINESS
para.115.59 [ROLL NO. 444]--ON PASSAGE OF H.R. 3841
para.115.60 CHARLIE ROSE ELECTION CONTEST--H. RES. 538
para.115.61 CHARLIE ROSE ELECTION CONTEST--H. RES. 538
para.115.62 CHARLES BASS ELECTION CONTEST--H. RES. 539
para.115.63 CHARLES BASS ELECTION CONTEST--H. RES. 539
para.115.64 GOVERNMENT SECURITY--S. CON. RES. 67
para.115.65 CAPITOL GUIDE SERVICE--S. 2085
para.115.66 PRINTING RESOLUTION--S. CON. RES. 34
para.115.67 PORTRAIT MONUMENT RELOCATION--H. CON. RES. 216
para.115.68 SUSPENSION OF THE RULES
para.115.69 FURTHER MESSAGE FROM THE SENATE
para.115.70 SENATE BILLS REFERRED
para.115.71 ENROLLED BILLS SIGNED
para.115.72 SENATE ENROLLED BILL SIGNED
para.115.73 BILLS PRESENTED TO THE PRESIDENT
para.115.74 ADJOURNMENT
para.115.75 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.115.76 PUBLIC BILLS AND RESOLUTIONS
para.115.77 PRIVATE BILLS AND RESOLUTIONS
para.115.78 ADDITIONAL SPONSORS
FRIDAY, SEPTEMBER 27, 1996 (116)
para.116.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.116.2 APPROVAL OF THE JOURNAL
[[Page 3236]]
para.116.3 MESSAGE FROM THE SENATE
para.116.4 HEALTH CENTERS CONSOLIDATION--S. 1044
para.116.5 SUSPENSION OF THE RULES NOTICE
para.116.6 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS AUTHORIZATION--
S. 1577
para.116.7 WALHALLA NATIONAL FISH HATCHERY--SENATE AMENDMENTS--H.R.
3546
para.116.8 UNDERGROUND RAILROAD--H.R. 4073
para.116.9 INDIAN HEALTH DEMONSTRATION PROJECT--H. RES. 544
para.116.10 SUSTAINABLE FISHERIES ACT--S. 39
para.116.11 AUTHORITY FOR THE MARSHAL OF THE SUPREME COURT--H.R. 4164
para.116.12 ADMINISTRATIVE DISPUTE RESOLUTION--H.R. 4194
para.116.13 MESSAGES FROM THE PRESIDENT
para.116.14 WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO
ACCOMPANY H.R. 3539--H. RES. 540
para.116.15 [ROLL NO. 445]--ON AGREEING TO H. RES. 540
para.116.16 FEDERAL AVIATION AUTHORIZATION--CONFERENCE REPORT ON H.R.
3539
para.116.17 [ROLL NO. 446]--ON AGREEING TO THE CONFERENCE REPORT
para.116.18 SUSPENSION OF THE RULES NOTICE
para.116.19 PRIVILEGES OF THE HOUSE--RETURN OF SENATE BILL S. 1311--H.
RES. 545
para.116.20 SUSPENSION OF THE RULES NOTICE
para.116.21 MESSAGES FROM THE PRESIDENT
para.116.22 H.R. 4073--UNFINISHED BUSINESS
para.116.23 [ROLL NO. 447]--ON PASSAGE OF H.R. 4073
para.116.24 S. 39--UNFINISHED BUSINESS
para.116.25 [ROLL NO. 448]--ON PASSAGE OF S. 39
para.116.26 MESSAGE FROM THE PRESIDENT--RAILROAD RETIREMENT BOARD
para.116.27 MESSAGE FROM THE PRESIDENT--FEDERAL LABOR AUTHORITY
para.116.28 MESSAGE FROM THE PRESIDENT--FAMILY-FRIENDLY WORKPLACE
LEGISLATION
para.116.29 DOS PALOS LAND CONVEYANCE--H.R. 4041
para.116.30 MIA AMENDMENTS--H.R. 4000
para.116.31 SUSPENSION OF THE RULES NOTICE
para.116.32 OLDER AMERICAN INDIAN TECHNICAL AMENDMENTS ACT--S. 1972
para.116.33 STRIPED BASS CONSERVATION--H.R. 4139
para.116.34 PIPELINE SAFETY--S. 1505
para.116.35 H.R. 4000--UNFINISHED BUSINESS
para.116.36 [ROLL NO. 449]--ON PASSAGE OF H.R. 4000
para.116.37 S. 1505--UNFINISHED BUSINESS
para.116.38 [ROLL NO. 450]--ON PASSAGE OF S. 1505
para.116.39 SUBMISSION OF CONFERENCE REPORT--S. 1004
para.116.40 U.S. COAST GUARD AUTHORIZATION--S. 1004
para.116.41 PRIVATE CALENDAR TRANSFERRED
para.116.42 PRIVATE CALENDAR
para.116.43 BILLS PASSED--H.R. 1031 AND H.R. 1087
para.116.44 BILL PASSED OVER--H.R. 4025
para.116.45 OPERATION SAIL--S.J. RES. 64
para.116.46 CIVIL SERVICE REFORM--H.R. 3841
para.116.47 L. CLURE MORTON U.S. POST OFFICE COURTHOUSE--S. 1931
para.116.48 TED WEISS COURTHOUSE--H.R. 4042
para.116.49 COMMITTEE RESIGNATION--MINORITY
para.116.50 PERMANENT SELECT COMMITTEE ON INTELLIGENCE--APPOINTMENT
para.116.51 AUGUSTUS BOOTLE COURTHOUSE--H.R. 4119
para.116.52 WAIVING CLAUSE 4(B) OF RULE XI WITH RESPECT TO CERTAIN
RESOLUTIONS--H. RES. 546
para.116.53 CARL B. STOKES COURTHOUSE--H.R. 4133
para.116.54 ROBERT KURTZ RODIBAUGH UNITED STATES COURTHOUSE--H.R. 3576
para.116.55 MARTIN LUTHER KING MEMORIAL--H.J. RES. 70
para.116.56 SUSPENSION OF THE RULES NOTICE
para.116.57 ENROLLED BILLS SIGNED
para.116.58 SENATE ENROLLED BILLS SIGNED
para.116.59 LEAVE OF ABSENCE
para.116.60 ADJOURNMENT
[[Page 3237]]
para.116.61 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.116.62 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.116.63 SUBSEQUENT ACTION ON REPORTED BILLS SEQUENTIALLY REFERRED
para.116.64 PUBLIC BILLS AND RESOLUTIONS
para.116.65 PRIVATE BILLS AND RESOLUTIONS
para.116.66 ADDITIONAL SPONSORS
SATURDAY, SEPTEMBER 28, 1996 (117)
para.117.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.117.2 APPROVAL OF THE JOURNAL
para.117.3 COMMUNICATIONS
para.117.4 METRIC CONVERSION--H.R. 4233
para.117.5 LAND CONVEYANCE STANISLAUS, CALIFORNIA--H.R. 4088
para.117.6 SUSPENSION OF THE RULES NOTICE
para.117.7 RECESS--9:25 A.M.
para.117.8 AFTER RECESS--12:18 P.M.
para.117.9 MESSAGE FROM THE SENATE
para.117.10 SENATE ENROLLMENT CORRECTION--H. CON. RES. 229
para.117.11 SUSPENSION OF THE RULES NOTICE
para.117.12 NATIVE AMERICAN HOUSING--H.R. 3219
para.117.13 OMNIBUS TERRITORIES--H.R. 1332
para.117.14 SUSPENSION OF THE RULES NOTICE
para.117.15 ESTONIA FISHERIES AGREEMENT--H.R. 543
para.117.16 CANADIAN BOATER LANDING PERMITS--H.R. 4165
para.117.17 OREGON-WASHINGTON TAX--H.R. 3163
para.117.18 ORDER OF BUSINESS--CONSIDERATION OF SUSPENSION
para.117.19 NURSE AID TRAINING--H.R. 3632
para.117.20 RECESS--2:16 P.M.
para.117.21 AFTER RECESS--5:01 P.M.
para.117.22 FURTHER MESSAGE FROM THE SENATE
para.117.23 SUSPENSION OF THE RULES NOTICE
para.117.24 WAIVING ENROLLMENT REQUIREMENTS FOR GENERAL OR CONTINUING
APPROPRIATIONS--H.J. RES. 197
para.117.25 PROVIDING FOR THE CONSIDERATION OF CERTAIN RESOLUTIONS FOR
SINE DIE ADJOURNMENT--H. RES. 546
para.117.26 POINT OF ORDER
para.117.27 POINT OF ORDER
para.117.28 POINT OF ORDER
para.117.29 POINT OF ORDER
para.117.30 POINT OF ORDER
para.117.31 POINT OF ORDER
para.117.32 POINT OF ORDER
para.117.33 POINT OF ORDER
para.117.34 POINT OF ORDER
para.117.35 POINT OF ORDER
para.117.36 POINT OF ORDER
para.117.37 POINT OF ORDER
para.117.38 PRESIDIO ADMINISTRATION--H.R. 4236
para.117.39 METRIC CONVERSION--H.R. 4233
para.117.40 SOFT-METRIC CONVERSION--SENATE AMENDMENT--H.R. 2779
para.117.41 SUBMISSION OF CONFERENCE REPORT--H.R. 3610
para.117.42 ORDER OF BUSINESS--CONSIDERATION OF CONFERENCE REPORT TO
ACCOMPANY H.R. 3610--
para.117.43 RECESS--6:45 P.M.
para.117.44 AFTER RECESS--7 P.M.
para.117.45 UNFINISHED BUSINESS--APPROVAL OF THE JOURNAL
para.117.46 H.R. 1332--UNFINISHED BUSINESS
para.117.47 [ROLL NO. 451]--ON PASSAGE OF H.R. 1332
para.117.48 H.R. 3163--UNFINISHED BUSINESS
para.117.49 [ROLL NO. 452]--ON PASSAGE OF H.R. 3163
para.117.50 H.R. 4236--UNFINISHED BUSINESS
[[Page 3238]]
para.117.51 [ROLL NO. 453]--ON PASSAGE OF H.R. 4236
para.117.52 CLERK TO CORRECT ENGROSSMENT--H.R. 4236
para.117.53 H. RES. 546--UNFINISHED BUSINESS
para.117.54 [ROLL NO. 454]--ON AGREEING TO H. RES. 546
para.117.55 ORGANIZATIONAL CAUCUS OR CONFERENCE FOR 105TH CONGRESS--H.
RES. 551
para.117.56 RULES AND MANUAL OF THE HOUSE OF REPRESENTATIVES--H. RES.
552
para.117.57 INVESTIGATIVE REPORTS FILED WITH THE CLERK--PRINTING
para.117.58 ACTIVITY REPORTS FILED WITH THE CLERK--PRINTING
para.117.59 SPEAKER AND MINORITY LEADER TO ACCEPT RESIGNATIONS, APPOINT
COMMISSIONS
para.117.60 EXTENSION OF REMARKS BY COMMITTEE CHAIRMEN AND RANKING
MINORITY MEMBERS
para.117.61 GENERAL LEAVE TO EXTEND REMARKS UNTIL LAST EDITION OF THE
RECORD
para.117.62 SUBMISSION OF CONFERENCE REPORT--H.R. 3005
para.117.63 FINANCIAL MARKETS EFFICIENCY--CONFERENCE REPORT ON H.R.
3005
para.117.64 DOD APPROPRIATIONS--CONFERENCE REPORT ON H.R. 3610
para.117.65 [ROLL NO. 455]--ON AGREEING TO THE CONFERENCE REPORT
para.117.66 OMNIBUS BUDGET RECONCILIATION--H.R. 4278
para.117.67 CONVENING OF 105TH CONGRESS--H.J. RES. 198
para.117.68 ADJOURNMENT SINE DIE OF THE 104TH CONGRESS, 2D SESSION--H.
CON. RES. 230
para.117.69 ADJOURNMENT OVER
para.117.70 DESIGNATION OF SPEAKER PRO TEMPORE TO SIGN ENROLLMENTS
para.117.71 VETERANS' HEALTH CARE--SENATE AMENDMENTS--H.R. 3118
para.117.72 FURTHER MESSAGE FROM THE SENATE
para.117.73 VA SERVICE CONNECTED DISABILITY BENEFITS--SENATE
AMENDMENTS--H.R. 3458
para.117.74 CIVILIAN LIFE ADJUSTMENT FOR MILITARY--S. 1711
para.117.75 DOD LOCAL EDUCATIONAL AGENCIES' ASSISTANCE--H.R. 4282
para.117.76 FURTHER MESSAGE FROM THE SENATE
para.117.77 METHAMPHETAMINE PRODUCTION--S. 1965
para.117.78 PROPRIETARY ECONOMIC INFORMATION--SENATE AMENDMENT--H.R.
3723
para.117.79 JOSHUA LAWRENCE CHAMBERLAIN POST OFFICE BUILDING--S. 2153
para.117.80 AMOS F. LONGORIA POST OFFICE BUILDING--SENATE AMENDMENT--S.
2700
para.117.81 BALLAST WATER MANAGEMENT--H.R. 4283
para.117.82 CLERK TO CORRECT ENGROSSMENT--H.R. 4283
para.117.83 TRADE LAWS CORRECTIONS AND AMENDMENTS--SENATE AMENDMENT--
H.R. 3815
para.117.84 PRIVILEGES OF THE HOUSE--RETURN OF BILL TO SENATE--H. RES.
554
para.117.85 NAVAJO-HOPI LAND DISPUTE--S. 1973
para.117.86 PERMISSION TO FILE REPORT--H.R. 2041
para.117.87 SENATE BILLS REFERRED
para.117.88 ENROLLED BILLS SIGNED
para.117.89 BILLS PRESENTED TO THE PRESIDENT
para.117.90 LEAVE OF ABSENCE
para.117.91 ADJOURNMENT
para.117.92 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.117.93 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.117.94 PUBLIC BILLS AND RESOLUTIONS
para.117.95 ADDITIONAL SPONSORS
para.117.96 DELETIONS
MONDAY, SEPTEMBER 30, 1996 (118)
para.118.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.118.2 APPROVAL OF THE JOURNAL
para.118.3 COMMUNICATIONS
para.118.4 MESSAGE FROM THE SENATE
para.118.5 ELECTION OF SPEAKER PRO TEMPORE--H. RES. 553
para.118.6 FURTHER MESSAGE FROM THE SENATE
para.118.7 RECESS--3:56 P.M.
para.118.8 AFTER RECESS--7:02 P.M.
para.118.9 HOUR OF MEETING
para.118.10 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
para.118.11 SENATE ENROLLED BILLS AND JOINT RESOLUTION SIGNED
para.118.12 BILLS PRESENTED TO THE PRESIDENT
para.118.13 ADJOURNMENT
para.118.14 PUBLIC BILLS AND RESOLUTIONS
para.118.15 MEMORIALS
para.118.16 ADDITIONAL SPONSORS
TUESDAY, OCTOBER 1, 1996 (119)
para.119.1 APPROVAL OF THE JOURNAL
para.119.2 COMMUNICATIONS
para.119.3 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE SENATE
para.119.4 ENROLLED BILL SIGNED
para.119.5 HOUR OF MEETING
para.119.6 PRIVATE CALENDAR BUSINESS DISPENSED WITH
para.119.7 BILLS AND A JOINT RESOLUTION PRESENTED TO THE PRESIDENT
para.119.8 ADJOURNMENT
para.119.9 PUBLIC BILLS AND RESOLUTIONS
para.119.10 ADDITIONAL SPONSORS
WEDNESDAY, OCTOBER 2, 1996 (120)
para.120.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.120.2 APPROVAL OF THE JOURNAL
para.120.3 COMMUNICATIONS
para.120.4 MESSAGE FROM THE SENATE
para.120.5 ENROLLED BILLS AND JOINT RESOLUTION SIGNED
para.120.6 CALENDAR WEDNESDAY BUSINESS DISPENSED WITH
para.120.7 HOUR OF MEETING
para.120.8 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.120.9 CARIBBEAN BASIN ECONOMIC RECOVERY
para.120.10 LIBRARY OF CONGRESS TRUST FUND BOARD--APPOINTMENT
para.120.11 ENROLLED BILL SIGNED
para.120.12 SENATE ENROLLED BILLS SIGNED
para.120.13 ADJOURNMENT
para.120.14 SUBSEQUENT ACTION ON BILLS INITIALLY REFERRED UNDER TIME
LIMITATION
para.120.15 PUBLIC BILLS AND RESOLUTIONS
para.120.16 ADDITIONAL SPONSORS
THURSDAY, OCTOBER 3, 1996 (121)
para.121.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.121.2 APPROVAL OF THE JOURNAL
para.121.3 COMMUNICATIONS
para.121.4 MESSAGE FROM THE PRESIDENT
para.121.5 ENROLLED BILLS SIGNED
para.121.6 MESSAGE FROM THE SENATE
para.121.7 COMMUNICATION FROM THE CLERK--MESSAGE FROM THE PRESIDENT
para.121.8 VETO OF H.R. 2909
para.121.9 MESSAGE FROM THE PRESIDENT--HIGHWAY SAFETY
para.121.10 RECESS--2:16 P.M.
para.121.11 AFTER RECESS--5:01 P.M.
para.121.12 HOUR OF MEETING
para.121.13 BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT
para.121.14 ADJOURNMENT
para.121.15 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
para.121.16 PUBLIC BILLS AND RESOLUTIONS
para.121.17 ADDITIONAL SPONSORS
FRIDAY, OCTOBER 4, 1996 (122)
para.122.1 DESIGNATION OF SPEAKER PRO TEMPORE
para.122.2 APPROVAL OF THE JOURNAL
para.122.3 COMMUNICATIONS
para.122.4 MESSAGE FROM THE SENATE
para.122.5 ENROLLED BILLS SIGNED
para.122.6 COMMITTEE RESIGNATION--MINORITY
para.122.7 PERMANENT SELECT COMMITTEE ON INTELLIGENCE--APPOINTMENTS
para.122.8 PROVIDING FOR THE ADJOURNMENT OF THE SECOND SESSION OF THE
104TH CONGRESS--SENATE AMENDMENT--H. CON. RES. 230
para.122.9 DRUG-INDUCED RAPE PREVENTION--SENATE AMENDMENT--H.R. 4137
para.122.10 FEDERAL ADMINISTRATIVE PROCESS DISPUTE RESOLUTION--SENATE
AMENDMENT--H.R. 4194
para.122.11 OPERATION OF FEDERAL COURTS--S. 1887
para.122.12 PATENT OWNER COMPENSATION--SENATE AMENDMENTS--H.R. 632
para.122.13 HUMAN RIGHTS--SENATE AMENDMENTS--H.R. 4036
para.122.14 PRESIDENTIAL ACCOUNTABILITY--SENATE AMENDMENTS--H.R. 3452
para.122.15 BLACK REVOLUTIONARY WAR PATRIOTS COINS--SENATE AMENDMENTS--
H.R. 1776
para.122.16 EXCESS AIRCRAFT SALE--S.2078
para.122.17 MARINE MINERAL RESOURCES--S.1194
para.122.18 KANSAS AND NEBRASKA IRRIGATION--S. 1649
para.122.19 WORK OPPORTUNITY RECONCILIATION--S.2183
para.122.20 EXTEND STAY OF NURSES--S. 2197
para.122.21 EXTEND STAY OF NURSES--S. 2198
para.122.22 CACHE LA POUDRE RIVER--S.342
para.122.23 SENATE BILLS REFERRED
para.122.24 ADJOURNMENT SINE DIE
para.122.25 PUBLIC BILLS AND RESOLUTIONS
para.122.26 ADDITIONAL SPONSORS
para.122.27 PETITIONS